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HomeMy WebLinkAboutAgenda Packet - CC - 01/06/2020Joe Lockwood, Mayor CITY COUNCIL Peyton Jamison Paul Moore Laura Bentley Carol Cookerly Joe Longoria Rick Mohrig CITY COUNCIL CHAMBERS City Hall Monday, January 6, 2020 Regular Council Meeting Agenda 6:00 PM INVOCATION – Jason Howard, Chaplain for City of Milton Police and Fire 1)CALL TO ORDER 2)ADMINISTER OATH OF OFFICE TO ELECTED OFFICIALS (Sworn in by Chief Municipal Judge Brian Hansford) •Councilmember Carol Cookerly •Councilmember Rick Mohrig •Councilmember-Elect Paul Moore 3)ROLL CALL ELECTION OF THE MAYOR PRO TEM (Sworn in by Mayor Joe Lockwood) ADMINISTER OATH OF OFFICE TO MAYOR PRO TEM (Mayor Joe Lockwood) 2006 HERITAGE WALK, MILTON, GA 30004 ǀ 678.242.2500 ǀ WWW.CITYOFMILTONGA.US Persons needing special accommodations in order to participate in any City meeting should call 678.242.2500. MILTON CITY COUNCIL REGULAR COUNCIL MEETING JANUARY 6, 2020 Page 2 of 4 4) ROLL CALL 5) PLEDGE OF ALLEGIANCE (Led by Mayor Joe Lockwood) 6) APPROVAL OF MEETING AGENDA (Add or remove items from the agenda) (Agenda Item No. 20-001) 7) PUBLIC COMMENT 8) CONSENT AGENDA 1. Approval of the December 2, 2019 Regular City Council Meeting Minutes. (Agenda Item No. 20-002) (Sudie Gordon, City Clerk) 2. Approval of a Professional Services Agreement by and between the City of Milton and Pond & Company, Inc. for Engineering and Design Services. (Agenda Item No. 20-003) (Robert Drewry, Public Works Director) 3. Approval of a Right of Way and Field Mowing Agreement between the City of Milton and Ashford Gardeners, Inc. for Mowing Services. (Agenda Item No. 20-004) (Robert Drewry, Public Works Director) 4. Approval of a Task Order to Provide Pre-Construction and Right-of- Way Acquisition Services for Freemanville Road at Birmingham Road Intersection Improvements. (Agenda Item No. 20-005) (Robert Drewry, Public Works Director) 5. Approval of Change Order #1 to the Construction Services Agreement between the City of Milton and CMES, Inc. for the NE Crabapple Connector Project. (Agenda Item No. 20-006) (Robert Drewry, Public Works Director) 9) REPORTS AND PRESENTATIONS (None) 10) FIRST PRESENTATION (None) MILTON CITY COUNCIL REGULAR COUNCIL MEETING JANUARY 6, 2020 Page 3 of 4 11) PUBLIC HEARING ALCOHOL BEVERAGE LICENSE APPLICATION 1. Consideration of the Issuance of an Alcohol Beverage License to Group Triple J, LLC., d/b/a Ichiban Steak and Sushi, 5306 Windward Parkway, Alpharetta, Georgia 30004. (Agenda Item No. 20-007) (Bernadette, Harvill, Finance Director) 12) ZONING AGENDA (None) 13) UNFINISHED BUSINESS 1. Consideration to Amend the Milton Tree Canopy Conservation Ordinance to Provide for a Time Extension on the Ability to Use the Density-based Tree Conservation Ordinance or the Canopy-based Tree Conservation Ordinance in the City Code. (Agenda Item No. 19-271) (First Presentation at the December 16, 2019 City Council Meeting) (Parag Agrawal, Community Development Director) 2. 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) (First Presentation at the November 18, 2019 City Council Meeting) (Steve Krokoff, City Manager) 14) NEW BUSINESS 1. Consideration of a Resolution Appointing or Reappointing Members to the City of Milton Board of Zoning Appeals by Appointing a Board Member for District 1/Post 2, District 2/Post 2 and District 3/Post 2. (Agenda Item No. 20-008) (Mayor Joe Lockwood) 2. Consideration of a Resolution Appointing or Reappointing Members to the City of Milton Design Review Board by Appointing a Board Member for District 1/Post 2, District 2/Post 2 and District 3/Post 2. (Agenda Item No. 20-009) (Mayor Joe Lockwood) MILTON CITY COUNCIL REGULAR COUNCIL MEETING JANUARY 6, 2020 Page 4 of 4 3. Consideration of a Resolution Appointing or Reappointing Members to the City of Milton Equestrian Committee by Appointing a Board Member for District 1/Post 2, District 2/Post 2 and District 3/Post 2. (Agenda Item No. 20-010) (Mayor Joe Lockwood) 4. Consideration of a Resolution Appointing or Reappointing Members to the City of Milton Parks and Recreation Advisory Board by Appointing a Board Member for District 1/Post 2, District 2/Post 2 and District 3/Post 2. (Agenda Item No. 20-011) (Mayor Joe Lockwood) 5. Consideration of a Resolution Appointing or Reappointing Members to the City of Milton Planning Commission by Appointing a Board Member for District 1/Post 2, District 2/Post 2 and District 3/Post 2. (Agenda Item No. 20-012) (Mayor Joe Lockwood) 15) MAYOR AND COUNCIL REPORTS STAFF REPORTS Department Updates 1. Public Works 2. Fire 16) EXECUTIVE SESSION (Land Acquisition) 17) ADJOURNMENT (Agenda Item No. 20-013) MItTON% ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: December 30, 2019 FROM: Steven Krokoff, City Manage(��) AGENDA ITEM: Approval of a Professional Services Agreement between the City of Milton and Pond & Company, Inc. for Engineering and Design Services MEETING DATE: Monday, January 6, 2020 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (1APPROVED (J NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: (,IYES () NO CITY ATTORNEY REVIEW REQUIRED: (1YES () NO APPROVAL BY CITY ATTORNEY: (;.--APPROVED (J NOT APPROVED PLACED ON AGENDA FOR: b, l oato 2006 Heritage Walk Milton, GA P: 678.242.25001 F: 678.242.2499 info@cityofmiltonga.us I www.cityofmiltonga.us 0000 To: Honorable Mayor and City Council Members From: Sara Leaders, PE, Transportation Engineer Date: Submitted on December 10, 2019 for the January 6, 2020 Regular City Council Meeting Agenda Item: Approval of a Professional Services Agreement by and between City of Milton and Pond & Company, Inc. for Engineering and Design Services _____________________________________________________________________________________ Department Recommendation: Approval. Executive Summary: A concept study for the multi-use trail connection to the Big Creek Greenway (PI 0012881) was completed through a previous project framework agreement with Georgia Department of Transportation (GDOT). The City has approved a project agreement with GDOT for preliminary engineering of PI 0015078 Big Creek Greenway connection. The project phases in preliminary engineering include the validation of the previous concept, evaluation of utilizing Morris Road as the connection to the Greenway, environmental clearance, design plans, right of way plans and construction document preparation. Task orders may be developed under this agreement for preliminary engineering phases of the project. Morris Road Capacity Improvements is a Tier 1 project funded by TSPLOST. A concept study was completed in 2019. The project is preparing to move forward with design and the scope of work as task orders under this agreement may include preliminary plans, right of way plans, and final construction plans. A request for proposals was issued for Engineering and Design Services in accordance with the city’s standard purchasing policy. The city reviewed five submittals and is recommending approval of the Professional Services Agreement with Pond & Company, Inc. Funding and Fiscal Impact: The funding will be determined in task orders under this agreement and will use a combination of federal, state, local and/or TSPLOST funds. Alternatives: None Legal Review: Sam VanVolkenburgh – Jarrard & Davis (11/8/19) Concurrent Review: Robert Drewry, Director of Public Works Attachment(s): Professional Services Agreement 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 POND & COMPANY, INC., a Georgia Corporation, (herein after referred to as the "Consultant"), collectively referred to herein as the "Parties." WITNESSETH: WHEREAS, City desires to retain Consultant to provide certain services in the completion of a Project (defined below); and WHEREAS, City finds that specialized knowledge, skills, and training are necessary to perform the Work (defined below) contemplated under this Agreement; and WHEREAS, Consultant has represented that it is qualified by training and experience to perform the Work; and WHEREAS, Consultant desires to perform the Work as set forth in this Agreement under the terms and conditions provided in this Agreement; and WHEREAS, the public interest will be served by this Agreement; and WHEREAS, Consultant has familiarized itself with the nature and extent of the Agreement, the Project, and the Work, and with all local conditions and federal, state and local laws, ordinances, rules and regulations that may in any manner affect cost, progress or performance of Work. NOW, THEREFORE, for and in consideration of the mutual promises, the public purposes, and the acknowledgements and agreements contained herein, and other good and adequate consideration, the sufficiency of which is hereby acknowledged, the Parties do mutually agree as follows: I. SCOPE OF SERVICES AND TERMINATION DATE A. Agreement. The Agreement shall consist of this Professional Services Agreement and each of the Exhibits hereto, which are incorporated herein by reference, including: Exhibit “A” – City Solicitation Documents Exhibit “B” – Consultant Response/Hourly Rates Exhibit “C” – Scope of Work Exhibit “D” – Contractor Affidavit Exhibit “E” – Subcontractor Affidavit Exhibit “F” – Task Order Form Exhibit “G” - Noncollusion Affidavit Exhibit “H.1” – Federal Requirements Exhibit “H.2” – GDOT Project Framework Agreement Exhibit “H.3” – FHWA Form 1273 B. Project Description. The “Project” at issue in this Agreement is generally described as: design services on Federal, State, and/or TSPLOST funded projects for the Milton Greenway Connection PI 0015078 and Morris Road Capacity Improvements. 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. All Work shall be assigned on an as- needed basis using Task Orders as defined in Section II, and no baseline amount of work is guaranteed with this Agreement. Unless otherwise stated in Exhibit “C” or in a Task Order, 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 or Task Order, but they are a requirement of the Work if they are a usual and customary component of the contemplated services or are otherwise necessary for proper completion of the Work. D. Schedule, Completion Date, and Term of Agreement. The term of this Agreement (“Term”) will be from the Effective Date until September 30, 2020. On October 1, 2020, and on October 1 of each following year, this Agreement shall automatically renew for a twelve (12) month Term unless either Party provides written notice of nonrenewal at least thirty (30) days prior to the expiration of the then-current Term. This Agreement shall automatically renew no more than four (4) times, and shall not renew if affirmatively terminated by either Party pursuant to Section VI of this Agreement. Consultant understands that time is of the essence of this Agreement and warrants and represents that it will perform the Work in a prompt and timely manner, which shall not impose delays on the progress of the City’s capital improvement program. Any Task Order executed during the Term this Agreement and not completed within that period shall not expire, but instead shall remain in force until the time for completion specified in the Task Order or the time of actual completion by the Consultant, whichever is later. This Agreement shall continue to govern the Consultant’s and City’s rights and obligations with respect to that Task Order, to the same extent as if the Task Order were completed during the Term of the Agreement. II. PROJECT, TASK ORDERS AND WORK CHANGES A. The Project. The Project contemplated by this Agreement is for engineering and design services that will be provided on an as needed basis as determined by the City. These services include design support on Federal, State, and/or TSPLOST funded projects for the Milton Greenway Connection PI 0015078 and Morris Road Capacity Improvements. Task Orders will be executed in accordance with this Agreement for specific work and services related to various elements of these projects. (Where appropriate in this document, references to this “Agreement” also imply a reference to any Task Order issued pursuant this Agreement.) B. Task Orders. Any Work under the Engineering and Design Services Project Scope of Services will require a Task Order to define the scope, schedule, and budget. Task Orders with a negotiated price will be substantially consistent with the Scope of Work set forth in Exhibit “C”. Task Orders will be addenda to this Agreement and will follow the form attached hereto as Exhibit “F.” Task Orders will issued by the City’s Representative (as defined herein) or his or her delegate, and accepted in writing by the Consultant’s Representative (as defined herein) or his/her delegate. If the City and Consultant are unable to negotiate satisfactory terms of a Task Order, the City may separately procure the necessary services. The City reserves the right at any time to pursue a different method of procurement for program management services. C. Change Order Defined. A “Change Order” means a written modification of a Task Order, signed by representatives of City and Consultant with appropriate authorization. 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. Right to Order Changes. City reserves the right to order changes in the Work to be performed under a Task Order by altering, adding to, or deducting from the Work. All such changes shall be incorporated in written Change Orders and executed by Consultant and City. Such Change Orders shall specify the changes ordered and any necessary adjustment of compensation and completion time. If the Parties cannot reach an agreement on the terms for performing the changed work within a reasonable time to avoid delay or other unfavorable impacts as determined by City in its sole discretion, City shall have the right to determine reasonable terms, and Consultant shall proceed with the changed work. E. Approval of Certain Task and Change Orders. The City’s Representative or his/her designee is expressly authorized by this Agreement to enter into Task Orders and Change Orders on behalf of the City. The Parties agree that Task Orders and Change Orders as defined herein are not “Change Orders” as defined by the City of Milton Purchasing Policy, and no separate approval by the Milton City Council or City Manager is required for Task Orders or Change Orders that are within the Maximum Contract Price. III. COMPENSATION AND METHOD OF PAYMENT A. Payment Terms. City agrees to pay Consultant for the Work performed and costs incurred by Consultant upon certification by City that the Work was actually performed and costs actually incurred in accordance with the Agreement. Task Orders will be issued to the Consultant stating the City’s requirements and maximum budget for each task requested of Consultant. Compensation for Work performed and, if applicable, reimbursement for costs incurred shall be paid to Consultant upon City’s receipt and approval of invoices, setting forth in detail the services performed and costs incurred, along with all supporting documents requested by City to process the invoice. Invoices shall be submitted on a monthly basis, and such invoices shall reflect costs incurred versus costs budgeted. Any material deviations in tests or inspections performed, or times or locations required to complete such tests or inspections, and like deviations from the Work shall be clearly communicated to City before charges are incurred and shall be handled through Change Orders as described in Section II above. City shall pay Consultant within thirty (30) days after approval of the invoice by City staff. B. Maximum Contract Price. The total amount paid under this Agreement as compensation for Work performed and reimbursement for costs incurred shall not, in any case, exceed $900,000 (the “Maximum Contract Price”). The compensation for Work performed will be based on a lump sum price if the extent, scope, complexity, character, and duration of the work to be required can be established to a degree that fair and reasonable compensation, including a fixed fee, can be determined at the time of negotiation. Otherwise, the compensation for Work will be based upon the rates in Exhibit “B,” subject to the budget cap negotiated as part of any Task Order. In any subsequent year after the initial Term, the City may, to the extent consistent with its Purchasing Policy, consider reasonable price increases in the hourly rates upon justification from the Consultant. Any such increases must be presented in writing to the City at least sixty (60) calendar days prior to the end of the then-current contract term. C. Reimbursement for Costs. The Maximum Contract Price set forth in Section III(B) above includes all costs, direct and indirect, needed to perform the Work and complete the Project, and reimbursement for costs incurred shall be limited as follows: □ There shall be no separate reimbursement for costs. IV. COVENANTS OF CONSULTANT A. Expertise of Consultant; Licenses, Certification and Permits. Consultant accepts the relationship of trust and confidence established between it and City, recognizing that City’s intention and purpose in entering into this Agreement is to engage an entity with the requisite capacity, experience, and professional skill and judgment to provide the Work in pursuit of the timely and competent completion of the Work undertaken by Consultant under this Agreement. Consultant shall employ only persons duly qualified in the appropriate area of expertise to perform the Work described in this Agreement. Consultant covenants and declares that it has obtained all diplomas, certificates, licenses, permits or the like required of Consultant by any and all national, state, regional, county, or local boards, agencies, commissions, committees or other regulatory bodies in order to perform the Work contracted for under this Agreement. Further, Consultant agrees that it will perform all Work in accordance with the standard of care and quality ordinarily expected of competent professionals and in compliance with all federal, state, and local laws, regulations, codes, ordinances, or orders applicable to the Project, including, but not limited to, any applicable records retention requirements and Georgia’s Open Records Act (O.C.G.A. § 50-18-71, et seq.). Any additional work or costs incurred as a result of error and/or omission by Consultant as a result of not meeting the applicable standard of care or quality will be provided by Consultant at no additional cost to City. This provision shall survive termination of this Agreement. B. Budgetary Limitations. Consultant agrees and acknowledges that budgetary limitations are not a justification for breach of sound principals of Consultant’s profession and industry. Consultant shall take no calculated risk in the performance of the Work. Specifically, Consultant agrees that, in the event it cannot perform the Work within the budgetary limitations established without disregarding sound principles of Consultant’s profession and industry, Consultant will give written notice immediately to City. C. City’s Reliance on the Work. Consultant acknowledges and agrees that City does not undertake to approve or pass upon matters of expertise of Consultant and that, therefore, City bears no responsibility for Consultant’s Work performed under this Agreement. Consultant acknowledges and agrees that the acceptance of Work by City is limited to the function of determining whether there has been compliance with what is required to be produced under this Agreement. City will not, and need not, inquire into adequacy, fitness, suitability or correctness of Consultant’s performance. Consultant further agrees that no approval of designs, plans, specifications or other work product by any person, body or agency shall relieve Consultant of the responsibility for adequacy, fitness, suitability, and correctness of Consultant’s Work under professional and industry standards, or for performing services under this Agreement in accordance with sound and accepted professional and industry principles. D. Consultant’s Reliance on Submissions by City. Consultant must have timely information and input from City in order to perform the Work required under this Agreement. Consultant is entitled to rely upon information provided by City, but Consultant shall provide immediate written notice to City if Consultant knows or reasonably should know that any information provided by City is erroneous, inconsistent, or otherwise problematic. E. Consultant’s Representative. _____________________ shall be authorized to act on Consultant’s behalf with respect to the Work as Consultant’s designated representative, provided that this designation shall not relieve either Party of any written notice requirements set forth elsewhere in this Agreement. F. Assignment of Agreement. Consultant covenants and agrees not to assign or transfer any interest in, or delegate any duties of this Agreement, without the prior express written consent of City. As to any approved subcontractors, Consultant shall be solely responsible for reimbursing them, and City shall have no obligation to them. G. Responsibility of Consultant and Indemnification of City. Consultant covenants and agrees to take and assume all responsibility for the Work rendered in connection with this Agreement. Consultant shall bear all losses and damages directly or indirectly resulting to it and/or City on account of the performance or character of the Work rendered pursuant to this Agreement. Consultant shall 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”), 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 and hold harmless the Indemnified Party(ies) shall survive expiration or termination of this Agreement, provided that the claims are based upon or arise out of actions or omissions that occurred during the performance of this Agreement. H. Independent Contractor. Consultant hereby covenants and declares that it is engaged in an independent business and agrees to perform the Work as an independent contractor and not as the agent or employee of City. Nothing in this Agreement shall be construed to make Consultant or any of its employees, servants, or subcontractors, an employee, servant or agent of City for any purpose. Consultant agrees to be solely responsible for its own matters relating to the time and place the Work is performed and the method used to perform such Work; the instrumentalities, tools, supplies and/or materials necessary to complete the Work; hiring of consultants, agents or employees to complete the Work; and the payment of employees, including benefits and compliance with Social Security, withholding and all other regulations governing such matters. Consultant agrees to be solely responsible for its own acts and those of its subordinates, employees, and subcontractors during the life of this Agreement. There shall be no contractual relationship between any subcontractor or supplier and City by virtue of this Agreement with Consultant. Any provisions of this Agreement that may appear to give City the right to direct Consultant as to the details of the services to be performed by Consultant or to exercise a measure of control over such services will be deemed to mean that Consultant shall follow the directions of City with regard to the results of such services only. It is further understood that this Agreement is not exclusive, and City may hire additional entities to perform the Work related to this Agreement. Inasmuch as City and Consultant are independent of each other, neither has the authority to bind the other to any third person or otherwise to act in any way as the representative of the other, unless otherwise expressly agreed to in writing signed by both Parties hereto. Consultant agrees not to represent itself as City’s agent for any purpose to any party or to allow any employee of Consultant to do so, unless specifically authorized, in advance and in writing, to do so, and then only for the limited purpose stated in such authorization. Consultant shall assume full liability for any contracts or agreements Consultant enters into on behalf of City without the express knowledge and prior written consent of City. I. Insurance. (1) Requirements: Consultant shall have and maintain in full force and effect for the duration of this Agreement, insurance insuring against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Work by Consultant, its agents, representatives, employees or subcontractors. All policies shall be subject to approval by City as to form and content. These requirements are subject to amendment or waiver if so approved in writing by the City Manager. (2) Minimum Limits of Insurance: Consultant shall maintain the following insurance policies with coverage and limits no less than: (a) Commercial General Liability coverage of at least $1,000,000 (one million dollars) combined single limit per occurrence and $2,000,000 (two million dollars) aggregate for comprehensive coverage including for bodily and personal injury, sickness, disease or death, injury to or destruction of property, including loss of use resulting therefrom. (b) Commercial Automobile Liability (owned, non-owned, hired) coverage of at least $1,000,000 (one million dollars) combined single limit per occurrence for comprehensive coverage including bodily and personal injury, sickness, disease or death, injury to or destruction of property, including loss of use resulting therefrom. (c) Professional Liability of at least $1,000,000 (one million dollars) limit for claims arising out of professional services and caused by Consultant’s errors, omissions, or negligent acts. (d) Workers’ Compensation limits as required by the State of Georgia and Employers’ Liability limits of $1,000,000 (one million dollars) per occurrence or disease. (If Consultant is a sole proprietor, who is otherwise not entitled to coverage under Georgia’s Workers’ Compensation Act, Consultant must secure Workers’ Compensation coverage approved by both the State Board of Workers’ Compensation and the Commissioner of Insurance. The amount of such coverage shall be the same as what is otherwise required of employers entitled to coverage under the Georgia Workers’ Compensation Act. Further, Consultant shall provide a certificate of insurance indicating that such coverage has been secured and that no individual has been excluded from coverage.) (e) Commercial Umbrella Liability Coverage: $__N/A____________ (_____________) per occurrence shall be provided and will apply over all liability policies, without exception, including but not limited to Commercial General Liability, Commercial Automobile Liability, Employers’ Liability, and Professional Liability. (3) Deductibles and Self-Insured Retentions: Any deductibles or self-insured retentions must be declared to and approved by City in writing so that City may ensure the financial solvency of Consultant; self-insured retentions should be included on the certificate of insurance. (4) Other Insurance Provisions: Each policy shall contain, or be endorsed to contain, the following provisions respectively: (a) General Liability, Automobile Liability and (if applicable) Umbrella Liability Coverage. (i) Additional Insured Requirement. City and City’s elected and appointed officials, officers, boards, commissioners, employees, representatives, consultants, servants, agents and volunteers (individually “Insured Party” and collectively “Insured Parties”) shall be named as additional insureds as respects: liability arising out of activities performed by or on behalf of Consultant; products and completed operations of Consultant; premises owned, leased, or used by Consultant; automobiles owned, leased, hired, or borrowed by Consultant. The coverage shall contain no special limitations on the scope of protection afforded to the Insured Parties. Nothing contained in this section shall be construed to require the Consultant to provide liability insurance coverage to any Insured Party for claims asserted against such Insured Party for its sole negligence. (ii) Primary Insurance Requirement. Consultant’s insurance coverage shall be primary noncontributing insurance as respects to any other insurance or self-insurance available to the Insured Parties. Any insurance or self-insurance maintained by the Insured Parties shall be in excess of Consultant’s insurance and shall not contribute with it. (iii) Reporting Requirement. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the Insured Parties. (iv) Separate Coverage. Coverage shall state that Consultant’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to limits of insurance provided. (v) Defense Costs/Cross Liability. Coverage shall be provided on a “pay on behalf” basis, with defense costs payable in addition to policy limits. There shall be no cross liability exclusion. (vi) Subrogation. The insurer shall agree to waive all rights of subrogation against the Insured Parties for losses arising from Work performed by Consultant for City. (b) Workers’ Compensation Coverage. The insurer providing Workers’ Compensation Coverage will agree to waive all rights of subrogation against the Insured Parties for losses arising from Work performed by Consultant for City. (c) All Coverages. (i) Notice Requirement. Each insurance policy required by this Agreement shall be endorsed to state that coverage shall not be suspended, voided, or canceled except after thirty (30) calendar days prior written notice (or 10 calendar days if due to non-payment) has been given to City. City reserves the right to accept alternate notice terms and provisions, provided they meet the minimum requirements under Georgia law. (ii) Starting and Ending Dates. Policies shall have concurrent starting and ending dates. (iii) Incorporation of Indemnification Obligations. Policies shall include an endorsement incorporating the indemnification obligations assumed by Consultant under the terms of this Agreement, including but not limited to Section IV(G) of this Agreement. (5) Acceptability of Insurers: The insurance to be maintained by Consultant must be issued by a company licensed or approved by the Insurance Commissioner to transact business in the State of Georgia. Such insurance policies shall be placed with insurer(s) with an A.M. Best Policyholder’s rate of no less than “A-” and with a financial rating of Class VII or greater. The Consultant shall be responsible for any delay resulting from the failure of its insurer to provide proof of coverage in the prescribed form. (6) Verification of Coverage: Consultant shall furnish to City for City approval certificates of insurance and endorsements to the policies evidencing all coverage required by this Agreement prior to the start of work. Without limiting the general scope of this requirement, Consultant is specifically required to provide an endorsement naming City as an additional insured when required. The certificates of insurance and endorsements for each insurance policy are to be on a form utilized by Consultant’s insurer in its normal course of business and are to be signed by a person authorized by that insurer to bind coverage on its behalf, unless alternate sufficient evidence of their validity and incorporation into the policy is provided. City reserves the right to require complete, certified copies of all required insurance policies at any time. Consultant shall provide proof that any expiring coverage has been renewed or replaced prior to the expiration of the coverage. (7) Consultant’s Duty to Provide Notice of Reduction in Coverage: Consultant shall provide written notice to City at least thirty (30) days prior to any reduction, suspension, voiding, or cancellation of coverage. Consultant shall require the same notice to the City in all subcontractor contracts. (8) Subcontractors: Consultant shall either (1) ensure that its insurance policies (as described herein) cover all subcontractors and the Work performed by such subcontractors or (2) ensure that any subcontractor secures separate policies covering that subcontractor and its Work. All coverage for subcontractors shall be subject to all of the requirements stated in this Agreement, including, but not limited to, naming the Insured Parties as additional insureds. (9) Claims-Made Policies: Consultant shall extend any claims-made insurance policy for at least six (6) years after termination or final payment under the Agreement, whichever is later, and have an effective date which is on or prior to the Effective Date. (10) City as Additional Insured and Loss Payee: City shall be named as an additional insured and loss payee on all policies required by this Agreement, except City need not be named as an additional insured and loss payee on any Professional Liability policy or Workers’ Compensation policy. (11) Progress Payments: The making of progress payments to Consultant shall not be construed as relieving Consultant or its subcontractors or insurance carriers from providing the coverage required in this Agreement. J. Employment of Unauthorized Aliens Prohibited – E-Verify Affidavit. Pursuant to O.C.G.A. § 13-10-91, City shall not enter into a contract for the physical performance of services unless: (1) Consultant shall provide evidence on City-provided forms, attached hereto as Exhibits “D” and “E” (affidavits regarding compliance with the E-Verify program to be sworn under oath under criminal penalty of false swearing pursuant to O.C.G.A. § 16-10-71), that it and Consultant’s subcontractors have registered with, are authorized to use and use the federal work authorization program commonly known as E-Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91, and that they will continue to use the federal work authorization program throughout the contract period, or (2) Consultant provides evidence that it is not required to provide an affidavit because it is an individual (not a company) licensed pursuant to Title 26 or Title 43 or by the State Bar of Georgia and is in good standing. Consultant hereby verifies that it has, prior to executing this Agreement, executed a notarized affidavit, the form of which is provided in Exhibit “D”, and submitted such affidavit to City or provided City with evidence that it is an individual not required to provide such an affidavit because it is licensed and in good standing as noted in sub-subsection (2) above. Further, Consultant hereby agrees to comply with the requirements of the federal Immigration Reform and Control Act of 1986 (IRCA), P.L. 99-603, O.C.G.A. § 13-10-91 and Georgia Department of Labor Rule 300-10-1-.02. In the event Consultant employs or contracts with any subcontractor(s) in connection with the covered contract, Consultant agrees to secure from such subcontractor(s) attestation of the subcontractor’s compliance with O.C.G.A. § 13-10-91 and Rule 300-10-1-.02 by the subcontractor’s execution of the subcontractor affidavit, the form of which is attached hereto as Exhibit “E”, which subcontractor affidavit shall become part of the Consultant/subcontractor agreement, or evidence that the subcontractor is not required to provide such an affidavit because it is an individual licensed and in good standing as noted in sub-subsection (2) above. If a subcontractor affidavit is obtained, Consultant agrees to provide a completed copy to City within five (5) business days of receipt from any subcontractor. Where Consultant is required to provide an affidavit pursuant to O.C.G.A. § 13-10-91, the City Manager or his/her designee shall be authorized to conduct an inspection of Consultant’s and Consultant’s subcontractors’ verification process at any time to determine that the verification was correct and complete. Consultant and Consultant’s subcontractors shall retain all documents and records of their respective verification process for a period of five (5) years following completion of the contract. Further, where Consultant is required to provide an affidavit pursuant to O.C.G.A. § 13-10-91, the City Manager or his/her designee shall further be authorized to conduct periodic inspections to ensure that no City Consultant or Consultant’s subcontractors employ unauthorized aliens on City contracts. By entering into a contract with City, Consultant and Consultant’s subcontractors agree to cooperate with any such investigation by making their records and personnel available upon reasonable notice for inspection and questioning. Where Consultant or Consultant’s subcontractors are found to have employed an unauthorized alien, the City Manager or his/her designee may report same to the Department of Homeland Security. Consultant’s failure to cooperate with the investigation may be sanctioned by termination of the Agreement, and Consultant shall be liable for all damages and delays occasioned by City thereby. Consultant agrees that the employee-number category designated below is applicable to Consultant. [Information only required if a contractor affidavit is required pursuant to O.C.G.A. § 13-10-91.] ____ 500 or more employees. ____ 100 or more employees. ____ Fewer than 100 employees. Consultant hereby agrees that, in the event Consultant employs or contracts with any subcontractor(s) in connection with this Agreement and where the subcontractor is required to provide an affidavit pursuant to O.C.G.A. § 13-10-91, Consultant will secure from the subcontractor(s) such subcontractor(s’) indication of the above employee-number category that is applicable to the subcontractor. The above requirements shall be in addition to the requirements of state and federal law, and shall be construed to be in conformity with those laws. K. Records, Reports and Audits. (1) Records: (a) Books, records, documents, account legers, data bases, and similar materials relating to the Work performed for City under this Agreement (“Records”) shall be established and maintained by Consultant in accordance with applicable law and requirements prescribed by City with respect to all matters covered by this Agreement. Except as otherwise authorized or required, such Records shall be maintained for at least three (3) years from the date that final payment is made to Consultant by City under this Agreement. Furthermore, Records that are the subject of audit findings shall be retained for three (3) years or until such audit findings have been resolved, whichever is later. (b) All costs claimed or anticipated to be incurred in the performance of this Agreement shall be supported by properly executed payrolls, time records, invoices, contracts, or vouchers, or other official documentation evidencing in proper detail the nature and propriety of the charges. All checks, payrolls, invoices, contracts, vouchers, orders or other accounting documents pertaining in whole or in part to this Agreement shall be clearly identified and readily accessible. (2) Reports and Information: Upon request, Consultant shall furnish to City any and all Records in the form requested by City. All Records provided electronically must be in a format compatible with City’s computer systems and software. (3) Audits and Inspections: At any time during normal business hours and as often as City may deem necessary, Consultant shall make available to City or City’s representative(s) for examination all Records. Consultant will permit City or City’s representative(s) to audit, examine, and make excerpts or transcripts from such Records. Consultant shall provide proper facilities for City or City’s representative(s) to access and inspect the Records, or, at the request of City, shall make the Records available for inspection at City’s office. Further, Consultant shall permit City or City’s representative(s) to observe and inspect any or all of Consultant’s facilities and activities during normal hours of business for the purpose of evaluating Consultant’s compliance with the terms of this Agreement. In such instances, City or City’s representative(s) shall not interfere with or disrupt such activities. L. Ethics Code; Conflict of Interest. Consultant agrees that it shall not engage in any activity or conduct that would result in a violation of the City of Milton Code of Ethics or any other similar law or regulation. Consultant certifies that to the best of its knowledge no circumstances exist which will cause a conflict of interest in performing the Work. Should Consultant become aware of any circumstances that may cause a conflict of interest during the Term of this Agreement, Consultant shall immediately notify City. If City determines that a conflict of interest exists, City may require that Consultant take action to remedy the conflict of interest or terminate the Agreement without liability. City shall have the right to recover any fees paid for services rendered by Consultant when such services were performed while a conflict of interest existed if Consultant had knowledge of the conflict of interest and did not notify City within five (5) business days of becoming aware of the existence of the conflict of interest. Consultant and City acknowledge that it is prohibited for any person to offer, give, or agree to give any City employee or official, or for any City employee or official to solicit, demand, accept, or agree to accept from another person, a gratuity of more than nominal value or rebate or an offer of employment in connection with any decision, approval, disapproval, recommendation, or preparation of any part of a program requirement or a purchase request, influencing the content of any specification or procurement standard, rendering of advice, investigation, auditing, or in any other advisory capacity in any proceeding or application, request for ruling, determination, claim or controversy, or other particular matter, pertaining to any program requirement or a contract or subcontract, or to any solicitation or proposal therefor. Consultant and City further acknowledge that it is prohibited for any payment, gratuity, or offer of employment to be made by or on behalf of a sub-consultant under a contract to the prime Consultant or higher tier sub-consultant, or any person associated therewith, as an inducement for the award of a subcontract or order. M. Confidentiality. Consultant acknowledges that it may receive confidential information of City and that it will protect the confidentiality of any such confidential information and will require any of its subcontractors, consultants, and/or staff to likewise protect such confidential information. Consultant agrees that confidential information it learns or receives or such reports, information, opinions or conclusions that Consultant creates under this Agreement shall not be made available to, or discussed with, any individual or organization, including the news media, without prior written approval of City. Consultant shall exercise reasonable precautions to prevent the unauthorized disclosure and use of City information whether specifically deemed confidential or not. Consultant acknowledges that City’s disclosure of documentation is governed by Georgia’s Open Records Act, and Consultant further acknowledges that if Consultant submits records containing trade secret information, and if Consultant wishes to keep such records confidential, Consultant must submit and attach to such records an affidavit affirmatively declaring that specific information in the records constitutes trade secrets pursuant to Article 27 of Chapter 1 of Title 10, and the Parties shall follow the requirements of O.C.G.A. § 50-18-72(a)(34) related thereto. N. Key Personnel. All of the individuals identified in Exhibit “B”, attached hereto, are necessary for the successful completion of the Work due to their unique expertise and depth and breadth of experience. There shall be no change in Consultant’s Project Manager or members of the Project team, as listed in Exhibit “B”, without written approval of City. Consultant recognizes that the composition of this team was instrumental in City’s decision to award the Work to Consultant and that compelling reasons for substituting these individuals must be demonstrated for City’s consent to be granted. Any substitutes shall be persons of comparable or superior expertise and experience. Failure to comply with the provisions of this paragraph shall constitute a material breach of Consultant’s obligations under this Agreement and shall be grounds for termination. O. Meetings. Consultant is required to meet with City’s personnel, or designated representatives, to resolve technical or contractual problems that may occur during the Term of this Agreement at no additional cost to City. Meetings will occur as problems arise and will be coordinated by City. City shall inform Consultant’s Representative of the need for a meeting and of the date, time and location of the meeting at least three (3) full business days prior to the date of the meeting. Face-to-face meetings are desired. However, at Consultant’s option and expense, a conference call meeting may be substituted. Consistent failure to participate in problem resolution meetings, two consecutive missed or rescheduled meetings, or failure to make a good faith effort to resolve problems, may result in termination of this Agreement for cause. P. Authority to Contract. The individual executing this Agreement on behalf of Consultant covenants and declares that it has obtained all necessary approvals of Consultant’s board of directors, stockholders, general partners, limited partners or similar authorities to simultaneously execute and bind Consultant to the terms of this Agreement, if applicable. Q. Ownership of Work. All reports, designs, drawings, plans, specifications, schedules, work product and other materials, including, but not limited to, those in electronic form, prepared or in the process of being prepared for the Work to be performed by Consultant (“Materials”) shall be the property of City, and City shall be entitled to full access and copies of all Materials in the form prescribed by City. Any Materials remaining in the hands of Consultant or subcontractor upon completion or termination of the Work shall be delivered immediately to City whether or not the Project or Work is commenced or completed; provided, however, that Consultant may retain a copy of any deliverables for its records. Consultant assumes all risk of loss, damage or destruction of or to Materials. If any Materials are lost, damaged or destroyed before final delivery to City, Consultant shall replace them at its own expense. Any and all copyrightable subject matter in all Materials is hereby assigned to City, and Consultant agrees to execute any additional documents that may be necessary to evidence such assignment. R. Federal Requirements. In order to enable the City to comply with applicable grant funding requirements, Consultant shall comply with the requirements set forth in Exhibits “H.1”- “H.3”, attached hereto and incorporated herein. V. COVENANTS OF CITY A. Right of Entry. City shall provide for right of entry for Consultant and all necessary equipment as required for Consultant to complete the Work; provided that Consultant shall not unreasonably encumber the Project site(s) with materials or equipment. B. City’s Representative. Sara Leaders shall be authorized to act on City’s behalf with respect to the Work as City’s designated representative on this Project. VI. TERMINATION A. For Convenience. City may terminate this Agreement for convenience at any time upon providing written notice thereof at least seven (7) calendar days in advance of the termination date. B. For Cause. Consultant shall have no right to terminate this Agreement prior to completion of the Work, except in the event of City’s failure to pay Consultant within thirty (30) calendar days of Consultant providing City with notice of a delinquent payment and an opportunity to cure. In the event of Consultant’s breach or default under this Agreement, City may terminate this Agreement (or a Task Order) for cause. City shall give Consultant at least seven (7) calendar days’ written notice of its intent to terminate 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 (or Task Order) in whole or in part; (b) cure such default itself and charge Consultant for the costs of curing the default against any sums due or which become due to Consultant under this Agreement; and/or (c) pursue any other remedy then available, at law or in equity, to City for such default. C. Statutory Termination. In compliance with O.C.G.A. § 36-60-13, this Agreement shall be deemed terminated as provided in I(D) of this Agreement. Further, this Agreement shall terminate immediately and absolutely at such time as appropriated or otherwise unobligated funds are no longer available to satisfy the obligation of City. D. Payment Upon Termination. Upon termination, City shall provide for payment to Consultant for services rendered and, where authorized, expenses incurred prior to the termination date; provided that, where this Agreement is terminated for cause, City may deduct from such payment any portion of the cost for City to complete (or hire someone to complete) the Work, as determined at the time of termination, not otherwise covered by the remaining unpaid Maximum Contract Price. E. Conversion to Termination for Convenience. If City terminates this Agreement for cause and it is later determined that City did not have grounds to do so, the termination will be converted to and treated as a termination for convenience under the terms of Section VI(A) above. F. Requirements Upon Termination. Upon termination, Consultant shall: (1) promptly discontinue all services, cancel as many outstanding obligations as possible, and not incur any new obligations, unless the City directs otherwise; and (2) promptly deliver to City all data, drawings, reports, summaries, and such other information and materials as may have been generated or used by Consultant in performing this Agreement, whether completed or in process, in the form specified by City. G. Reservation of Rights and Remedies. The rights and remedies of City and Consultant provided in this Article are in addition to any other rights and remedies provided under this Agreement or at law or in equity. VII. MISCELLANEOUS A. Entire Agreement. This Agreement, including any exhibits hereto, constitutes the complete agreement between the Parties and supersedes any and all other agreements, either oral or in writing, between the Parties with respect to the subject matter of this Agreement. No other agreement, statement or promise relating to the subject matter of this Agreement not contained in this Agreement (other than subsequent, valid Task Orders or Change Orders) shall be valid or binding. This Agreement may be modified or amended only in a writing signed by representatives of both Parties with appropriate authorization. B. Successors and Assigns. Subject to the provision of this Agreement regarding assignment, this Agreement shall be binding on the heirs, executors, administrators, successors and assigns of the respective Parties. C. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Georgia without regard to choice of law principles. If any action at law or in equity is brought to enforce or interpret the provisions of this Agreement, the rules, regulations, statutes and laws of the State of Georgia will control. Any action or suit related to this Agreement shall be brought in the Superior Court of Fulton County, Georgia, or the U.S. District Court for the Northern District of Georgia – Atlanta Division, and Consultant submits to the jurisdiction and venue of such court. D. Captions and Severability. All headings herein are intended for convenience and ease of reference purposes only and in no way define, limit or describe the scope or intent thereof, or of this Agreement, or in any way affect this Agreement. Should any article(s) or section(s) of this Agreement, or any part thereof, later be deemed illegal, invalid or unenforceable by a court of competent jurisdiction, the offending portion of the Agreement should be severed, and the remainder of this Agreement shall remain in full force and effect to the extent possible as if this Agreement had been executed with the invalid portion hereof eliminated, it being the intention of the Parties that they would have executed the remaining portion of this Agreement without including any such part, parts, or portions that may for any reason be hereafter declared in valid. E. Business License. Prior to commencement of the Work to be provided hereunder, Consultant shall apply to City for a business license, pay the applicable business license fee, and maintain said business license during the Term of this Agreement, unless Consultant provides evidence that no such license is required. F. Notices. (1) Communications Relating to Day-to-Day Activities. All communications relating to the day-to-day activities of the Work shall be exchanged between City’s Representative (named above) for City and Consultant’s Representative (named above) for Consultant. (2) Official Notices. All other notices, requests, demands, writings, or correspondence, as required by this Agreement, shall be in writing and shall be deemed received, and shall be effective, when: (1) personally delivered, or (2) on the third day after the postmark date when mailed by certified mail, postage prepaid, return receipt 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: Pond & Company, Inc. Attn: Ron Osterloh 3500 Parkway Lane, Suite 500 Peachtree Corners, Georgia 30092 G. Waiver of Agreement. No failure by City to enforce any right or power granted under this Agreement, or to insist upon strict compliance by Consultant with this Agreement, and no custom or practice of City at variance with the terms and conditions of this Agreement shall constitute a general waiver of any future breach or default or affect City’s right to demand exact and strict compliance by Consultant with the terms and conditions of this Agreement. Further, no express waiver shall affect any Term or condition other than the one specified in such waiver, and that one only for the time and manner specifically stated. H. Survival. All sections of this Agreement which by their nature should survive termination will survive termination, including, without limitation, confidentiality obligations and insurance maintenance requirements. I. No Third Party Rights. This Agreement shall be exclusively for the benefit of the Parties and shall not provide any third parties with any remedy, claim, liability, reimbursement, cause of action or other right. J. Sovereign Immunity; Ratification. Nothing contained in this Agreement shall be construed to be a waiver of City’s sovereign immunity or any individual’s qualified, good faith or official immunities. Ratification of this Agreement by a majority of the Mayor and City Council shall authorize the Mayor to execute this Agreement on behalf of City. K. No Personal Liability. Nothing herein shall be construed as creating any individual or personal liability on the part of any of City’s elected or appointed officials, officers, boards, commissions, employees, representatives, consultants, servants, agents, attorneys or volunteers. No such individual shall be personally liable to Consultant or any successor in interest in the event of any default or breach by City or for any amount which may become due to Consultant or successor or on any obligation under the terms of this Agreement. Likewise, Consultant’s performance of services under this Agreement shall not subject Consultant’s individual employees, officers, or directors to any personal contractual liability, except where Consultant is a sole proprietor. The Parties agree that, except where Consultant is a sole proprietor, their sole and exclusive remedy, claim, demand or suit for contractual liability shall be directed and/or asserted only against Consultant or City, respectively, and not against any elected or appointed official, officers, boards, commissions, employees, representatives, consultants, servants, agents, attorneys and volunteers. L. Counterparts; Agreement Construction and Interpretation. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, but all of which taken together shall constitute one and the same instrument. Consultant represents that it has reviewed and become familiar with this Agreement and has notified City of any discrepancies, conflicts or errors herein. In the event of a conflict in the terms of this Agreement and/or the exhibits attached hereto, the terms most beneficial to City shall govern. The Parties hereto agree that, if an ambiguity or question of intent or interpretation arises, this Agreement is to be construed as if the Parties had drafted it jointly, as opposed to being construed against a Party because it was responsible for drafting one or more provisions of the Agreement. In the interest of brevity, the Agreement may omit modifying words such as “all” and “any” and articles such as “the” and “an,” but the fact that a modifier or an article is absent from one statement and appears in another is not intended to affect the interpretation of either statement. Words or terms used as nouns in the Agreement shall be inclusive of their singular and plural forms, unless the context of their usage clearly requires contrary meaning. M. Force Majeure. Neither City nor Consultant shall be liable for its respective non- negligent or non-willful failure to perform or shall be deemed in default with respect to the failure to perform (or cure a failure to perform) any of its respective duties or obligations under this Agreement or for any delay in such performance due to: (i) any cause beyond its respective reasonable control; (ii) any act of God; (iii) any change in applicable governmental rules or regulations rendering the performance of any portion of this Agreement legally impossible; (iv) earthquake, fire, explosion or flood; (v) strike or labor dispute, excluding strikes or labor disputes by employees and/or agents of CONSULTANT; (vi) delay or failure to act by any governmental or military authority; or (vii) any war, hostility, embargo, sabotage, civil disturbance, riot, insurrection or invasion. In such event, the time for performance shall be extended by an amount of time equal to the period of delay caused by such acts, and all other obligations shall remain intact. N. Material Condition. Each term of this Agreement is material, and Consultant’s breach of any term of this Agreement shall be considered a material breach of the entire Agreement and shall be grounds for termination or exercise of any other remedies available to City at law or in equity. IN WITNESS WHEREOF City and Consultant have executed this Agreement, effective as of the Effective Date first above written. [SIGNATURES ON FOLLOWING PAGE] CONSULTANT: POND & COMPANY, INC. Signature: ___________________________________ Print Name: _____________________________ Title: President/Vice President (Corporation) [CORPORATE SEAL] (required if corporation) Attest/Witness: Signature: _______________________________ Print Name: _____________________________ Title: __________________________________ (Assistant) Corporate Secretary (required if corporation) CITY OF MILTON, GEORGIA ________________________________________ By: Joe Lockwood, Mayor [CITY SEAL] Attest: Signature: ________________________________ Print Name: ______________________________ Title: City Clerk Approved as to form: _______________________________ City Attorney EXHIBIT “A” CITY OF MILTON REQUEST FOR PROPOSALS (THIS IS NOT AN ORDER) RFP Number: 19-PW08 RFP Title: Engineering and Design Services Due Date and Time: Local Time: April 30, 2019 @ 2:00 PM Number of Pages: 49 ISSUING DEPARTMENT INFORMATION Issue Date: March 28, 2019 City of Milton Public Works Department 2006 Heritage Walk Milton, Ga. 30004 Phone: 678-242-2500 Fax: 678-242-2499 Website: www.cityofmiltonga.us INSTRUCTIONS TO CONSULTANTS Return Proposal to: City of Milton Attn: Honor Motes, Purchasing Office 2006 Heritage Walk Milton, Ga. 30004 Mark Face of Envelope/Package: RFP Number: 19-PW08 Name of Company or Firm Special Instructions: Deadline for Written Questions April 8, 2019 Email questions to Honor Motes at honor.motes@cityofmiltonga.us IMPORTANT: SEE STANDARD TERMS AND CONDITIONS CONSULTANTS MUST COMPLETE THE FOLLOWING Consultant Name/Address: Authorized Consultant Signatory: (Please print name and sign in ink) Consultant Phone Number: Consultant FAX Number: Consultant Federal I.D. Number: Consultant E-mail Address: CONSULTANTS MUST RETURN THIS COVER SHEET WITH RFP RESPONSE Table of Contents 2 | RFP 19-PW08 TABLE OF CONTENTS Consultant’s RFP Checklist Disclosure Form Schedule of Events Section 1: Project Overview and Instructions Section 2: RFP Standard Information Section 3: Scope of Project Section 4: Consultant Qualifications Section 5: Evaluation Criteria Section 6: Standard Contract Information Standard Contract 3 | RFP 19-PW08 CONSULTANT’S RFP CHECKLIST The 10 Most Critical Things to Keep in Mind When Responding to an RFP for the City of Milton 1._______Read the entire document. Note critical items such as: mandatory requirements; supplies/services required; submittal dates; number of copies required for submittal; funding amount and source; contract requirements (i.e., contract performance security, insurance requirements, performance and/or reporting requirements, etc.). 2._______Note the procurement officer's name, address, phone numbers and e-mail address. This is the only person you are allowed to communicate with regarding the RFP and is an excellent source of information for any questions you may have. 3._______Attend the pre-qualifications conference if one is offered. These conferences provide an opportunity to ask clarifying questions, obtain a better understanding of the project, or to notify the City of any ambiguities, inconsistencies, or errors in the RFP. 4._______Take advantage of the “question and answer” period. Submit your questions to the procurement officer by the due date listed in the Schedule of Events and view the answers given in the formal “addenda” issued for the RFP. All addenda issued for an RFP are posted on the City’s website at http://www.cityofmiltonga.us will include all questions asked and answered concerning the RFP. 5._______Follow the format required in the RFP when preparing your response. Provide point-by- point responses to all sections in a clear and concise manner. 6._______ Provide complete answers/descriptions. Read and answer all questions and requirements. Don’t assume the City or evaluation committee will know what your company capabilities are or what items/services you can provide, even if you have previously contracted with the City. The submittals are evaluated based solely on the information and materials provided in your response. 7._______Use the forms provided, i.e., cover page, sample budget form, certification forms, etc. 8. _______Check the website for RFP addenda. Before submitting your response, check the City’s website at http://www.cityofmiltonga.us to see whether any addenda were issued for the RFP. If so, you must submit a signed cover sheet for each addendum issued along with your RFP response. 9. _______Review and read the RFP document again to make sure that you have addressed all requirements. Your original response and the requested copies must be identical and be complete. The copies are provided to the evaluation committee members and will be used to score your response. 10. _______Submit your response on time. Note all the dates and times listed in the Schedule of Events and within the document and be sure to submit all required items on time. Late submittal responses are never accepted. This checklist is provided for assistance only and should not be submitted with Consultant response. 4 | RFP 19-PW08 CITY OF MILTON DISCLOSURE FORM MUST BE RETURNED WITH PROPOSAL This form is for disclosure of campaign contributions and family member relations with City of Milton officials/employees. Please complete this form and return as part of your RFP package when it is submitted. Name of Consultant __________________________________________________ Name and the official position of the Milton Official to whom the campaign contribution was made (Please use a separate form for each official to whom a contribution has been made in the past two (2) years.) ________________________________________________________________ List the dollar amount/value and description of each campaign contribution made over the past two (2) years by the Applicant/Opponent to the named Milton Official. Amount/Value Description ________________ ___________________________________________ ________________ ___________________________________________ ________________ ___________________________________________ Please list any family member that is currently (or has been employed within the last 12 months) by the City of Milton and your relation: ________________ ___________________________________________ _________________ ___________________________________________ 5 | RFP 19-PW08 MUST BE RETURNED WITH PROPOSAL CONTRACTOR AFFIDAVIT AND AGREEMENT STATE OF GEORGIA CITY OF MILTON By executing this affidavit, the undersigned contractor verifies its compliance with O.C.G.A. § 13 - 10-91, stating affirmatively that the individual, firm, or corporation which is engaged in the physical performance of services on behalf of the City of Milton has registered with, is authorized to use and uses the federal work authorization program commonly known as E -Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91. Furthermore, the undersigned contractor will continue to use the federal work authorization program throughout the contract period a nd 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 Engineering and Design Services Name of Project City of Milton, Georgia Name of Public Employer I hereby declare under penalty of perjury that the foregoing is true and correct. Executed on ______, ___, 201__ in _____(city), ______(state). _________________________________ Signature of Authorized Officer or Agent _________________________________ Printed Name and Title of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE ______ DAY OF ______________,201__. _________________________________ NOTARY PUBLIC [NOTARY SEAL] My Commission Expires: _________________________________ 6 | RFP 19-PW08 RFP# 19-PW08 PROPOSAL LETTER MUST BE RETURNED WITH PROPOSAL We propose to furnish and deliver any and all of the deliverables and services named in the Request for Proposal (19-PW08) Engineering and Design Services. It is understood and agreed that we have read the City’s specifications shown or referenced in the RFP and that this proposal is made in accordance with the provisions of such specifications. By our written signature on this proposal, we guarantee and certify that all items included meet or exceed any and all such City specifications. We further agree, if awarded a contract, to deliver goods and services which meet or exceed the specifications. The City reserves the right to reject any or all proposals, waive technicalities, and informalities, and to make an award in the best interest of the City. PROPOSAL SIGNATURE AND CERTIFICATION I understand collusive bidding is a violation of State and Federal Law and can result in fines, prison sentences, and civil damage awards. I agree to abide by all conditions of the proposal and certify that I am authorized to sign for my company. I further certify that the provisions of the Official Code of Georgia Annotated, Sections 45-10-20 et. seq. have not been violated and will not be violated in any respect. Authorized Signature______________________________Date_______________________ Print/Type Name______________________________________________________________ Print/Type Company Name Here_______________________________________________ 7 | RFP 19-PW08 SCHEDULE OF EVENTS Task Date Issue RFP March 28, 2019 Deadline for Questions April 8, 2019 by 5:00 p.m. EST Answers Posted by the City (Addendum) On or about, April 11, 2019 Proposals Due By 2:00 p.m. EST on April 30, 2019 Award Contract June 4, 2019 (proposed) NOTE: PLEASE CHECK THE CITY WEBSITE (http://www.cityofmiltonga.us) FOR ADDENDA AND SCHEDULE UPDATES. 8 | RFP 19-PW08 SECTION 1: PROJECT OVERVIEW AND INSTRUCTIONS 1.0 BACKGROUND AND STATEMENT OF INTENT The City of Milton is requesting proposals from prequalified Georgia Department of Transportation consultants to provide design services on Federal, State, and/or TSPLOST funded projects including Milton Greenway Connection PI 0015078 and Morris Road Capacity Improvements (project number to be determined). All Consultants must comply with all general and special requirements of the RFP information and instructions enclosed herein. 1.1 SINGLE POINT OF CONTACT From the date this Request for Proposals (RFP) is issued until a consultant is selected, consultants are not allowed to communicate with any City staff or elected officials regarding this procurement, except at the direction of Honor Motes. Any unauthorized contact may disqualify the consultant from further consideration. Contact information for the single point of contact is as follows: Procurement Office: Honor Motes Address: 2006 Heritage Walk, Milton, GA 30004 Telephone Number: 678-242-2507 E-mail Address: honor.motes@cityofmiltonga.us 1.2 REQUIRED REVIEW A. Review RFP. Consultants should carefully review the instructions; mandatory requirements, specifications, standard terms and conditions, and standard contract set out in this RFP and promptly notify the procurement office identified above via e -mail of any ambiguity, inconsistency, unduly restrictive specifications, or error which they discover upon examination of this RFP. B. Form of Questions. Consultants with questions or requiring clarification or interpretation of any section within this RFP must submit their questions in writing via email to the procurement office referenced above on or before 5 PM (EST) on April 8, 2019. Each question must provide clear reference to the section, page, and item in question. Questions received after the deadline may not be considered. C. City’s Answers. The City will provide an official written answer to all questions on or about April 11, 2019. The City's response will be by formal written addendum. Any other form of interpretation, correction, or change to this RFP will not be binding upon the City. Any formal written addendum 9 | RFP 19-PW08 will be posted alongside the posting of the RFP at http://www.cityofmiltonga.us . Consultants must sign and return any addendum with their RFP response. D. Standard Contract. By submitting a response to this RFP, consultant agrees to acceptance of the City’s standard contract. Much of the language included in the standard contract reflects requirements of state law. Requests for exceptions to the standard contract terms, or any added provisions must be submitted to the procurement office referenced above by the date for receipt of writte n/e-mailed questions or with the consultant’s RFP response and must be accompanied by an explanation of why the exception is being taken and what specific effect it will have on the consultant’s ability to respond to the RFP or perform the contract. The Ci ty reserves the right to address non - material, minor, insubstantial requests for exceptions with the highest scoring consultant during contract negotiation. Any material, substantive, important exceptions requested and granted to the standard terms and conditions and standard contract language will be addressed in any formal written addendum issued for this RFP and will apply to all consultants submitting a response to this RFP. E. Mandatory Requirements. To be eligible for consideration, a consultant must meet the intent of all mandatory requirements. The City will determine whether a consultant’s RFP response complies with the intent of the requirements. RFP responses that do not meet the full intent of all requirements listed in this RFP may be subject to point reductions during the evaluation process or may be deemed non-responsive. 1.3 Reserved 1.4 SUBMITTING PROPOSALS Consultants must organize their proposal into sections that follow the following format. A. Submittal Requirements. Proposals shall include the following: 1. City of Milton request for proposal cover page (information entered and signed: first page of this document) 2. City of Milton Disclosure form (signed) 3. City of Milton Proposal letter (information entered) 4. Technical Proposal: a. No more than ten (10) single sided pages (five pages if double sided) 10 | RFP 19-PW08 1. Cover page(s), table of contents, tabs, and required forms do not count toward the page limit b. Minimum of 11-point font c. Stapled or spiral-bound. No binders Each Technical Proposal Shall Contain (10 pages): a. Cover letter – introductory remarks and proposal summary (1 page) b. Design Team – include project staffing, list any proposed subconsultants, qualifications of the design team, and what sets the team apart c. Work Plan – describe team’s plans to provide the requested services, and a description of proposed methodology to be used to accomplish the required tasks d. Project Schedule – if selected, provide schedule to follow the PDP process and any time saving ideas e. Related Projects and References 1. Describe at least 3 similar projects with references and the degree of involvement of the team 2. Note any projects that involved GDOT or Federal funding 5. Applicable Addenda Acknowledgement Forms (if necessary) Consultants must organize their proposal into sections that follow the format of Section 1.4 and Section 5.0. B. Failure to Comply with Instructions. Consultants failing to comply with these instructions may be subject to point deductions. The City may also choose to not evaluate, may deem non-responsive, and/or may disqualify from further consideration any qualifications that do not follow this RFP format, are difficult to understand, are difficult to read, or are missing any requested information. C. Copies Required and Deadline for Receipt of Proposals. One original and three (3) copies of each submittal (plus a CD) should be provided to the City. Proposals must be received at the Finance Department in City Hall prior to 2:00 PM, local time, April 30, 2019. Emailed responses to requests for proposals are not acceptable. Proposals will be opened at approximately 2:05 pm and names of consultants will be announced. *Important to remember when submitting digital files: 1. Mark all CD’s or Flash Drives with Offeror’s name and RFP number and title. 11 | RFP 19-PW08 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 Cities are unable to open files due to data-corruption, password or encryption error, etc., the Offeror’s proposal may be considered incomplete. 4. NOTE: All digital copies must include exactly the same information as provided in the hard copy “Original”. D. Late Proposals. Regardless of cause, late proposals will not be accepted and will automatically be disqualified from further consideration. It shall be the consultant’s sole risk to assure delivery to the Finance department's desk by the designated time. Late proposals will not be opened and may be returned to the consultant at the expense of the consultant or destroyed if requested. 1.5 CONSULTANT'S CERTIFICATION A. Understanding of Specifications and Requirements. By submitting a response to this RFP, consultant agrees to an understanding of and compliance with the specifications and requirements described in this RFP. 1.6 COST OF PREPARING PROPOSALS A. City Not Responsible for Preparation Costs. The costs for developing and delivering responses to this RFP and any subsequent presentations of the proposal as requested by the City are entirely the responsibility of the consultant. The City is not liable for any expense incurred by the consultant in the preparation and presentation of their proposals. B. All Timely Submitted Materials Become City Property. All materials submitted in response to this RFP become the property of the City of Milton and are to be appended to any formal documentation, which would further define or expand any contractual relationship between the City and consultant resul ting from this RFP process. 12 | RFP 19-PW08 SECTION 2: RFP STANDARD INFORMATION 2.0 AUTHORITY This RFP is issued under the authority of the City of Milton. The RFP process is a procurement option allowing the award to be based on stated evaluation criteria. The RFP states the relative importance of all evaluation criteria. No other evaluation criteria, other than as outlined in the RFP, will be used. 2.1 CONSULTANT COMPETITION The City encourages free and open competition among consultants. Whenever possible, the City will design specifications, proposal requests, and conditions to accomplish this objective, consistent with the necessity to satisfy the City’s need to procure technically sound, cost-effective services and supplies. 2.2 RECEIPT OF PROPOSALS AND PUBLIC INSPECTION A. Public Information. All information received in response to this RFP, including copyrighted material, is deemed public information and will be made available for public viewing and copying after the time for receipt of qualifications has passed, and the award has been made, with the following four exceptions: 1. Bona fide trade secrets meeting confidentiality requirements that have been properly marked, separated, and documented; 2. Matters involving individual safety as determined by the City of Milton; 3. Any company financial information requested by the City of Milton to determine vendor responsibility, unless prior written consent has been given by the consultant; and 4. Other constitutional protections. B. Procurement Officer Review of Proposals. Upon opening the submittals received in response to this RFP, the procurement office will review the proposals and separate out any information that meets the referenced exceptions in Section 2.2(A) above, providing the following conditions have been met: 1. Confidential information is clearly marked and separated from the rest of the submittal. 2. An affidavit from a Consultant’s legal counsel attesting to and explaining the validity of the trade secret claim is attached to each submittal containing trade secrets. Please contact Honor Motes for additional information. 13 | RFP 19-PW08 Information separated out under this process will be available for review only by the procurement office, the evaluation committee members, and limited other designees. Consultants must be prepared to pay all legal costs and fees associated with defending a claim for confidentiality in the event of a “right to know” (open records) request from another party. 2.3 CLASSIFICATION AND EVALUATION OF PROPOSALS A. Initial Classification of Proposals as Responsive or Nonresponsive. Proposals may be found nonresponsive at any time during the evaluation process or contract negotiation, if any of the required information is not provided; the submitted price is found to be excessive or inadequate as measured by criteria stated in the RFP; or the qualification is not within the specifications described and required in the RFP. If a qualification is found to be nonresponsive, it will not be considered further. B. Determination of Responsibility. The procurement office will determine if a consultant has met the standards of responsibility. Such a determination may be made at any time during the evaluation process and through contract negotiation if information surfaces that would result in a determination of nonresponsive. C. Evaluation of Proposals. The evaluation committee will evaluate the remaining proposals and recommend whether to award the contract to the highest scoring consultant or, if necessary, to seek discussion/negotiation in order to determine the highest scoring consultant. All responsive proposals will be evaluated based on stated evaluation criteria. In scoring against stated criteria, the City may consider such factors as accepted industry standards and a comparative evaluation of all other qualified RFP responses. These scores will be used to determine the most advantageous offering to the City. D. Completeness of Proposals. Selection and award will be based on the consultant’s proposals and other items outlined in this RFP. Submitted responses may not include references to information located elsewhere, such as Internet websites or libraries, unless specifically requested. Information or materials presented by consultants outside the formal response or subsequent discussion/negotiation, if requested, will not be considered, will have no bearing on any award, and may result in the consultant being 14 | RFP 19-PW08 disqualified from further consideration. E. Opportunity for Discussion/Negotiation and/or Oral Presentation/Product Demonstration. After receipt of all proposals and prior to the determination of the award, the City may initiate discussions with one or more consultants should clarification or negotiation be necessary. Consultants may also be required to make an oral presentation and/or product demonstration to clarify their RFP response or to further define their offer. In either case, consultants should be prepared to send qualified personnel to Milton, Georgia to discuss technical and contractual aspects of the submittal. Oral presentations and product demonstrations, if requested, shall be at the consultant’s expense. F. Evaluation Committee Recommendation for Contract Award. The evaluation committee will provide a written recommendation for contract award. G. Request for Documents Notice. Upon concurrence with the evaluation committee’s recommendation for contract award, the procurement officer may issue a “Request for Documents Notice” to the highest scoring consultant to obtain the required insurance documents, contract performance security, and any other necessary documents. Receipt of the “Request for Documents Notice” does not constitute a contract and no work may begin until a contract signed by all parties is in place. H. Contract Negotiation. The procurement officer and/or city department representatives may begin contract negotiation with the responsive and responsible consultant whose submittal achieves the highest score and is, therefore, the most advantageous to the City. If contract negotiation is unsuccessful or the highest scoring consultant fails to provide necessary documents or information in a timely manner, or fails to negotiate in good faith, the City may terminate negotiations and begin negotiations with the next highest scoring consultant. I. Contract Award. Contract award, if any, will be made to the highest scoring consultant who provides all required documents and successfully completes contract negotiation. 15 | RFP 19-PW08 2.4 RIGHTS RESERVED While the City has every intention to award a contract as a result of this RFP, issuance of the RFP in no way constitutes a commitment by the City of Milton to award and execute a contract. Upon a determination such actions would be in its best interest, the City, in its sole discretion, reserves the right to: 1. Modify, cancel or terminate this RFP, 2. Reject any or all proposals received in response to this RFP, 3. Select a consultant without holding interviews, 4. Waive any undesirable, inconsequential, or inconsistent provisions of this RFP which would not have significant impact on any submittal, 5. To request further documentation or information, and to discuss a RFP submittal for any purpose in order to answer questions or to provide clarification, 6. Not award if it is in the best interest of the City not to proceed with contract execution; or 7. If awarded, terminate any contract in accordance with the terms and conditions of the contract if the City determines adequate funds are not available. 16 | RFP 19-PW08 SECTION 3: SCOPE OF PROJECT 3.0 PROJECT LOCATION The City of Milton has completed a local Comprehensive Transportation Plan, North Fulton Comprehensive Transportation Plan, and Livable Centers Initiative that all looked at multi-use connections in areas of the City and regional connections. Milton’s Multi-use Trail Connection to the Big Creek Greenway is a project that creates multi-use connections in the Windward Parkway Activity Center and surrounding areas between regional thoroughfare networks, schools, parks, senior centers, retail, MARTA bus routes, and greenways. A concept study was completed as PI 0012881, and the scope under this RFP includes validation of the concept and evaluation of utilizing Morris Road as the connection to the Greenway. This could also include preliminary engineering and construction document preparation. The Morris Road capacity improvement project is currently a TSPLOST tier 1 project, and the overall description is for a proposed widening from Webb Road to Bethany Bend tying into McGinnis Ferry Road widening at Bethany Bend. The cross section is proposed as a 4-lane divided roadway with landscaped median/turn lanes and multiuse trail including intersection improvements at 17 | RFP 19-PW08 Webb Road. A scoping study is being finalized, and the scope under this RFP includes further concept development and coordination with the Big Creek Greenway Connection project. This could also include preliminary engineering and construction document preparation. The exact scope of further design for these projects will be determined with the concept report development/validation. The City is exploring other funding sources and the possibility of combining the projects. Under PI 0015078, the budget for the preliminary engineering phase of this project is $500,000. The following tasks shall be included in the scope of work: 3.1 GENERAL SCOPE OF SERVICES It shall be the Consultant’s responsibility to design, prepare, assemble and coordinate the necessary documents to complete the project. The completed design must comply with all applicable local, state, and federal environmental laws and regulations. These include federal funding that will follow the Georgia Department of Transportation’s Plan Development Process. The design must comply with the latest Americans with Disabilities Act (ADA) requirements and the Georgia Department of Transportation’s Standard Specifications for the preparation of roadway construction plans. Consultant and/or subconsultants shall be GDOT prequalified in areas 1.06a – 1.06g (environmental), 3.13 (pedestrian), 3.02 (Two-Lane or Multi-lane urban roadway design), 4.01 (minor bridge design), and 5.01 (surveying). At a minimum, the following standards shall be utilized for the project: a. Georgia Department of Transportation (GDOT) Design Policy Manual (current edition), and applicable addenda. b. Georgia Department of Transportation (GDOT) Standards and Specifications (current edition), and applicable addenda. c. AASHTO Standards, latest edition and applicable addenda, including Design of Pavement Structures, Policy on Geometric Design of Highways and Streets, Roadside Design Guide, and applicable addenda. d. Manual on Uniform Traffic Control Devices (MUTCD) current edition, and applicable errata. e. Federal Highway Administration Roundabouts: An Informational Guide, current edition, and all applicable addenda. f. City of Milton Code of Ordinances. 3.2 SPECIFIC SCOPE OF SERVICES The City of Milton (City), is seeking the services of a professional engineering consultant to prepare construction documents for proposed multiuse trail and 18 | RFP 19-PW08 capacity improvements. The plans shall include design features that would be aesthetically pleasing and complement area, and to develop in a way that is physically possible and cost effective. The Consultant shall prepare a GDOT approved concept report and/or revised concept report, an approved environmental document for a categorical exclusion (CE), a complete set of final plans, and right of way plans for this project. Public involvement may be required as part of environmental clearance and final plans. The work consists of following phases: PHASE I - CONCEPT REPORT A concept report and/or revised concept report must be completed and approved by GDOT. The concept report documents the scope of the work to be completed using the awarded federal funds. The concept report is used by the GDOT to communicate information about the proposed project. This communication makes various offices within GDOT aware of the project, its significant design features, and its relationship to the State Highway system. This information is critical to assure that proposed improvements to the State transportation system are implemented in a coordinated manner. A concept meeting is optional and is held at the discretion of the City and the GDOT Project Manager. For minor projects within or crossing GDOT ROW, the GDOT Project Manager, the Consultant, and the City will discuss the need for the concept meeting to decide whether a concept meeting will be held. For projects outside GDOT ROW, a concept meeting may still be necessary if there are important issues, such as utilities, rail roads, or wetlands. The Consultant is responsible for coordinating the concept meeting. The GDOT Project Manager will assist the Consultant in identifying the appropriate GDOT staff to be invited to the meeting. At the meeting, the Consultant should present the project concept and respond to questions. A draft concept report should be available prior to the concept meeting. Following the meeting, the Consultant should work with the GDOT Project Manager to resolve outstanding issues and questions. The Consultant will revise the concept report as appropriate and submit it to the GDOT Project Manager for review and approval. The concept report should be approved before submission of the environmental documents. 19 | RFP 19-PW08 PHASE II - ENVIRONMENTAL CLEARANCE All projects are required to comply with the National Environmental Policy Act of 1969 (NEPA). Environmental compliance requires documentation of the project environmental effects and review by applicable State and Federal agencies. Compliance and review are expected to be accomplished using a Categorical Exclusion (CE) finding. Section 106 of the National Historic Preservation Act of 1966 requires all Federal agencies to consider ways to avoid or mitigate the adverse effects on historic properties whenever a federally funded project affects such properties. To implement this requirement, every project must be reviewed by the Department of Natural Resources, Historic Preservation Division (HPD). The HPD will have additional involvement in every project affecting historic resources. The HPD must be kept informed throughout all preconstruction and construction activities. The Consultant should consult with the HPD during the earliest stages of project development. The HPD staff will arrange a site visit to evaluate the project’s historic resources and will guide the Consultant through the Section 106 review process. The HPD staff can be contacted at 404-656-2840. A response from the HPD indicating that the project has no effect, or no adverse effect must be received before the CE can be submitted for approval. The Section 106 review process takes approximately 45 days. The Consultant must complete the CE and submit it to the GDOT Project Manager for appropriate review and approval by the Federal Highway Administration. The City cannot proceed with property acquisition and construction work until the CE has been approved. Section 4(f) of the Department of Transportation Act of 1966, now codified as 49 U.S.C. Section 303 (also 23 U.S.C. 138), requires that projects using funds from the U.S. Department of Transportation avoid the use of land of a public park, recreation area, wildlife or waterfowl refuge, or historic site unless there is no prudent and feasible alternative and the project includes all possible planning to minimize harm to the resource. If this project has involvement with lands protected by Section 4(f), Consultant will coordinate with the GDOT Project Manager for assistance. The CE cannot be approved until the Section 4(f) requirements have been satisfied. As part of the environmental phase of project development, the Consultant should allow the general public the opportunity to comment on the proposed project. The Consultant should hold or offer the opportunity for an informal public meeting, public information meeting, or public hearing. If six months have passed since the approval of the CE, an Environmental Validation Form must be completed before funds can be authorized for either 20 | RFP 19-PW08 ROW or CST work. If the scope of work or ROW requirements has changed, or if the environmental studies are not accurate based on current conditions, then an Environmental Reevaluation Form must be completed. The appropriate form should be completed and submitted to the GDOT Project Manager. PHASE III - COMPLETE DESIGN PLANS Consultant is responsible for furnishing the design and engineering services for preparation of preliminary plans, final construction plans, and for all matters related to the relocation of utilities. As part of the design phase, the Consultant should consider allowing the public the opportunity to review and comment on the proposed design of the project. General and specific design criteria are found in the various GDOT approved design guidelines. The Consultant must insure that the project meets GDOT design standards; the GDOT Standard Specifications for the Construction of Transportation Systems, 2001 Edition; applicable American Association of State Highway and Transportation Officials (AASHTO) Guidelines; and Americans with Disabilities Act (ADA) requirements and guidelines. The Consultant is expected to follow GDOT plan format as described in the Plan Presentation Guide. For projects not on the State Highway System (Off-System projects), the GDOT Project Manager will review the design plans. For Off-System projects involving bridges or retaining walls, the Office of Bridge Design will also review the design plans. The following review process is used for Off-System projects: 1. The Consultant will submit one copy of the 90% preliminary design plans for review by the GDOT Project Manager. The GDOT Project Manager will submit comments to the Sponsor within three weeks. One additional set of plans is needed if the HPD has requested an opportunity to review the 90% plans. The HPD has 30 days to review the plans. For projects having bridges or retaining walls, two additional sets of plans are needed for review by the GDOT Office of Bridge Design. The Bridge Office has six weeks to review the plans. 2. The Consultant will submit to the GDOT Project Manager one set of revised plans after considering comments from previous reviews. Two additional sets are required if the Office of Bridge Design made comments on the original plans. The GDOT Project Manager will review and return the plans with comments within three weeks of the submittal date. The Bridge Office has six weeks to r eview the revised plans. The review cycle will be repeated until all reviewing offices have approved the plans. 3. The Consultant will submit three sets of final construction plans to the GDOT Project Manager for formal approval. 21 | RFP 19-PW08 PHASE IV - RIGHT-OF-WAY PLANS The Consultant shall prepare final right-of-way plans for the project using survey information. The Consultant shall use the right-of-way checklist as shown in the GDOT’S Manual of Quality Standards for Consultant Services, current edition, to complete the right of way plans. Prior to submittal of right of way plans to GDOT, the Consultant shall submit one (1) set of prints of the preliminary right-of-way plans to the City for review and comment. The Consultant shall revise the preliminary right-of-way plans in accordance with the City's comments and submit one (1) set of prints of the revised preliminary right-of-way plans along with the previously marked up prints for the City's review and comment. This process may take several iterations before the preliminary right-of-way plans can be approved to be submitted to GDOT. When the right-of-way plans are approved by the City and GDOT, they will become known as Final Right-of-Way plans. The Consultant shall be responsible for ensuring that the right-of-way and construction plans reflect the current property, property owners, topography, and terrain data through the Final Right- of-Way plans approval. The Consultant shall submit to the City in an electronic format dwg files and OUT files for each parcel for the City's use. The Consultant shall stake all existing and required rights-of-way and/or easement along the entire project limits and for each parcel where right of way or easement is required upon written “Notice to Proceed” by the City on this specific task. Notice to Proceed may be issued upon the City’s approval of the right of way plans. Right of way staking shall be completed in accordance with the following procedures: A. REQUIRED RIGHT-OF-WAY POINTS: Place 60 penny nails with red flagging at all required right-of-way break points. Place 60 penny nails with blue flagging at all property line intersections with the required right-of-way. A guard stake shall be placed next to each point denoting the identification of the point. Red flagging shall be placed on each guard stake. 1. Guard stakes shall read: "REQ'D R/W" on one side of stake and should show the station and offset on the other side. 2. The maximum distance between right of way, property line, and easement stakes shall be 250 feet. I ntermediate stakes may be required to achieve the distance. The location of the adjacent points (each side) shall be clearly visible from any given point. Flagging may be used as required to make this possible. B. EXISTING RIGHT-OF-WAY POINTS: Wooden stakes shall be placed at all 22 | RFP 19-PW08 existing right-of-way points or existing easement points. Stakes at these points shall read: "EXIST R/W" or "EXIST EAS" on one side of the stake and shall show the station and offset on the other side. These stakes shall be flagged with white ribbon. NOTE: Do not place nails at existing right-of-way points. C. CONSTRUCTION EASEMENTS POINTS: All easement break points shall be staked using wooden guard stakes flagged with yellow ribbon. The words "CONST EAS" shall be shown on one side of the stake and the station and offset shall be shown on the other side. Temporary driveway easements shall also be staked. D. STAKING ACCURACY: The same survey accuracy standards apply for right-of-way staking as are defined in the Data Base Preparation Phase. All points staked will be based on State Plane Coordinates. No surface coordinates will be used. The Consultant shall only revise the final right-of-way plans if approved or directed by the City and GDOT. The Consultant shall expeditiously make all changes to the final right-of-way plans due to changes in the design only if requested to do so in writing by the City and GDOT. 23 | RFP 19-PW08 SECTION 4: CONSULTANT PROPOSALS 4.0 CITY’S RIGHT TO INVESTIGATE The City may make such investigations as deemed necessary to determine the ability of the consultant to provide the supplies and/or perform the services specified. 4.1 CONSULTANT INFORMATIONAL REQUIREMENTS Firms interested in providing the services described in this RFP should be able to demonstrate experience in the areas described in Section 3. 24 | RFP 19-PW08 SECTION 5: EVALUATION CRITERIA 5.0 EVALUATION CRITERIA The evaluation committee will review and evaluate the proposals according to the following criteria: • A selection team for the City will initially evaluate and score all submittals received. • Proposals not meeting the minimum requirements and those who are non-responsive will not be considered. Proposal Evaluation Criteria Qualifications of the design team 40 pts. • Organization strength and stability • Education and experience of the assigned staff • Key personnel’s level of involvement • Proximity and availability of key personnel Work Plan 40 pts. • Project approach/methodology • Public involvement • Schedule/time savings Related Projects and References 20 pts. • Experience and technical competence on similar projects • Previous experience with City of Milton projects • Previous experience with GDOT/Federally funded projects • Previous experience as a design team • Quality of the final work product • Ability to meet schedules 25 | RFP 19-PW08 SECTION 6: STANDARD CONTRACT INFORMATION 6.0 STANDARD CONTRACT The City’s standard contract is attached to this document as Appendix A. Consultant should notify the City of any terms within the standard contract that preclude them from responding to the RFP. This notification must be made by the deadline for receipt of written/e-mailed questions or with the consultant’s RFP response. Any requests for material, substantive, important exceptions to the standard contract will be addressed in any formal written addendum issued by the procurement officer in charge of the solicitation. The City reserves the right to address any non-material, minor, insubstantial exceptions to the standard contract with the highest scoring consultant at the time of contract negotiation. 6.1 ADDITIONAL CONTRACT PROVISIONS AND TERMS This RFP and any addenda, the consultant’s RFP response, including any amendments, a best and final offer, any clarification question responses, and any negotiations shall be included in any resulting contract. The City’s standard contract, attached as Appendix A, contains the contract terms and conditions which will form the basis of any contract negotiated between the City and the highest scoring consultant. The contract language contained in Appendix A does not define the total extent of the contract language that may be negotiated. In the event of a dispute as to the duties and responsibilities of the parties under this contract, the contract, along with any attachments prepared by the City, will govern in the same order of precedence as listed in the contract. 6.2 SUBCONSULTANT The highest scoring consultant will be the prime consultant if a contract is awarded and shall be responsible, in total, for all work of any sub-consultants. All sub-consultants, if any, must be listed in the proposals. The City reserves the right to approve all sub-consultants. The Consultant shall be responsible to the City for the acts and omissions of all sub-consultants or agents and of persons directly or indirectly employed by such sub-consultants, and for the acts and omissions of persons employed directly by the Consultant. Further, nothing contained within this document or any contract documents created as a result of any contract awards derived from this RFP shall create any contractual relationships between any subcontractor and the City. 6.3 GENERAL INSURANCE REQUIREMENTS See sample contract. 6.4 COMPLIANCE WITH WORKERS’ COMPENSATION ACT The Consultant is required to supply the City of Milton with proof of compliance with the Workers’ Compensation Act while performing work for the City. Neither the Consultant nor its employees are employees of the City. The proof of 26 | RFP 19-PW08 insurance/exemption must be received by the City of Milton within 10 working days of the Request for Documents Notice and must be kept current for the entire term of the contract. CONTRACTS WILL NOT BE ISSUED TO VENDORS WHO FAIL TO PROVIDE THE REQUIRED DOCUMENTATION WITHIN THE ALLOTTED TIME FRAME. 6.5 COMPLIANCE WITH LAWS The Consultant must, in performance of work under this contract, fully comply with all applicable federal, state, or local laws, rules and regulations, including the Civil Rights Act of 1964, the Age Discrimination Act of 1975, the Americans with Disabilities Act of 1990, and Section 504 of the Rehabilitation Act of 1973. Any subletting or sub-consulting by the Consultant subjects sub-consultants to the same provision. The Consultant agrees that the hiring of persons to perform the contract will be made on the basis of merit and qualifications and there will be no discrimination based upon race, color, religion, creed, political ideas, sex, age, marital status, physical or mental disability, or national origin by the persons performing the contract. 6.6 CONTRACT TERMINATION See sample contract. SAMPLE CONTRACT SAMPLE CONTRACT ONLY ~ DO NOT RETURN WITH PROPOSAL PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT is made and entered into this_____ day of _____________, 20___ (the “Effective Date”), by and between the CITY OF MILTON, GEORGIA, a municipal corporation of the State of Georgia, acting by and through its governing authority, the Mayor and City Council (hereinafter referred to as the “City”), and _____________________, a __________________, (herein after referred to as the "Consultant"), collectively referred to herein as the "Parties." WITNESSETH: WHEREAS, City desires to retain Consultant to provide certain services in the completion of a Project (defined below); and WHEREAS, City finds that specialized knowledge, skills, and training are necessary to perform the Work (defined below) contemplated under this Agreement; and WHEREAS, Consultant has represented that it is qualified by training and experience to perform the Work; and WHEREAS, Consultant desires to perform the Work as set forth in this Agreement under the terms and conditions provided in this Agreement; and WHEREAS, the public interest will be served by this Agreement; and WHEREAS, Consultant has familiarized itself with the nature and extent of the Agreement, the Project, and the Work, and with all local conditions and federal, state and local laws, ordinances, rules and regulations that may in any manner affect cost, progress or performance of Work. NOW, THEREFORE, for and in consideration of the mutual promises, the public purposes, and the acknowledgements and agreements contained herein, and other good and adequate consideration, the sufficiency of which is hereby acknowledged, the Parties do mutually agree as follows: I. SCOPE OF SERVICES AND TERMINATION DATE A. Agreement. The Agreement shall consist of this Professional Services Agreement and each of the Exhibits hereto, which are incorporated herein by reference, including: Exhibit “A” – City Solicitation Documents Exhibit “B” – Consultant Response/Proposal SAMPLE CONTRACT Exhibit “C” – Scope of Work Exhibit “D” – Contractor Affidavit Exhibit “E” – Subcontractor Affidavit Exhibit “F” – Key Personnel B. Project Description. The “Project” at issue in this Agreement is generally described as: _________________________________________________________________ C. The Work. The Work to be completed under this Agreement (the “Work”) includes, but shall not be limited to, the work described in the Scope of Work provided in Exhibit “C”, attached hereto and incorporated herein by reference. Unless otherwise stated in Exhibit “C”, the Work includes all material, labor, insurance, tools, equipment, machinery, water, heat, utilities, transportation, facilities, services and any other miscellaneous items and work necessary to complete the Work. Some details necessary for proper execution and completion of the Work may not be specifically described in the Scope of Work, but they are a requirement of the Work if they are a usual and customary component of the contemplated services or are otherwise necessary for proper completion of the Work. D. Schedule, Completion Date, and Term of Agreement. Consultant understands that time is of the essence of this Agreement and warrants and represents that it will perform the Work in a prompt and timely manner, which shall not impose delays on the progress of the Work. The term of this Agreement (“Term”) shall commence as of the Effective Date, and the Work shall be completed, and the Agreement shall terminate, on or before __________________________ (provided that certain obligations will survive termination/expiration of this Agreement). If the Term of this Agreement is longer than one year, the Parties agree that this Agreement, as required by O.C.G.A. § 36-60-13, shall terminate absolutely and without further obligation on the part of City on December 31 each calendar year of the Term, and further, that this Agreement shall automatically renew on January 1 of each subsequent calendar year absent City’s provision of written notice of non-renewal to Consultant at least five (5) days prior to the end of the then current calendar year. Title to any supplies, materials, equipment, or other personal property shall remain in Consultant until fully paid for by City. II. WORK CHANGES A. Change Order Defined. A “Change Order” means a written modification of the Agreement, signed by representatives of City and Consultant with appropriate authorization. B. Right to Order Changes. City reserves the right to order changes in the Work to be performed under this Agreement by altering, adding to, or deducting from the Work. All such changes shall be incorporated in written Change Orders and executed by Consultant and City. Such Change Orders shall specify the changes ordered and any necessary adjustment of compensation and completion time. If the Parties cannot reach an agreement on the terms for performing the changed work within a reasonable time to avoid delay or other unfavorable impacts as determined by City in its sole discretion, City shall have the right to determine reasonable terms, and Consultant shall proceed with the changed work. B. Change Order Requirement. Any work added to the scope of this Agreement by SAMPLE CONTRACT a Change Order shall be executed under all the applicable conditions of this Agreement. No claim for additional compensation or extension of time shall be recognized, unless contained in a written Change Order duly executed on behalf of City and Consultant. C. Authority to Execute Change Order. The City Manager has authority to execute, without further action of the Mayor or City Council, any number of Change Orders so long as their total effect does not materially alter the terms of this Agreement or materially increase the Maximum Contract Price, as set forth in Section III(B) below. Any such Change Orders materially altering the terms of this Agreement, or any Change Order affecting the price where the Maximum Contract Price (as amended) is in excess of $50,000, must be approved by resolution of the Mayor and City Council. Amendments shall not result in a variance in price exceeding ten percent of the original contract amount. III. COMPENSATION AND METHOD OF PAYMENT A. Payment Terms. City agrees to pay Consultant for the Work performed and costs incurred by Consultant upon certification by City that the Work was actually performed and costs actually incurred in accordance with the Agreement. Compensation for Work performed and, if applicable, reimbursement for costs incurred shall be paid to Consultant upon City’s receipt and approval of invoices, setting forth in detail the services performed and costs incurred, along with all supporting documents requested by City to process the invoice. Invoices shall be submitted on a monthly basis, and such invoices shall reflect costs incurred versus costs budgeted. Any material deviations in tests or inspections performed, or times or locations required to complete such tests or inspections, and like deviations from the Work described in this Agreement shall be clearly communicated to City before charges are incurred and shall be handled through Change Orders as described in Section II above. City shall pay Consultant within thirty (30) days after approval of the invoice by City staff. B. Maximum Contract Price. The total amount paid under this Agreement as compensation for Work performed and reimbursement for costs incurred shall not, in any case, exceed $_______________________ (the “Maximum Contract Price”), except as outlined in Section II(C) above, and Consultant represents that this amount is sufficient to perform all of the Work set forth in and contemplated by this Agreement. The compensation for Work performed shall be based upon ____________. C. Reimbursement for Costs. The Maximum Contract Price set forth in Section III(B) above includes all costs, direct and indirect, needed to perform the Work and complete the Project, and reimbursement for costs incurred shall be limited as follows: □ There shall be no reimbursement for costs. □ Long distance telephone and telecommunications, facsimile transmission, normal postage and express mail, and photocopying charges and time shall be billed at cost. Supplies and outside services, transportation, lodging, meals and authorized subcontracts shall be billed at cost plus no more than a 10% administrative burden. Automobile mileage shall be no more than the current deductible rate set by the Internal Revenue Service. In no event shall the total reimbursement for costs incurred during a particular month exceed ______________ percent of the total amount due for Work for that particular SAMPLE CONTRACT month. IV. COVENANTS OF CONSULTANT A. Expertise of Consultant; Licenses, Certification and Permits. Consultant accepts the relationship of trust and confidence established between it and City, recognizing that City’s intention and purpose in entering into this Agreement is to engage an entity with the requisite capacity, experience, and professional skill and judgment to provide the Work in pursuit of the timely and competent completion of the Work undertaken by Consultant under this Agreement. Consultant shall employ only persons duly qualified in the appropriate area of expertise to perform the Work described in this Agreement. Consultant covenants and declares that it has obtained all diplomas, certificates, licenses, permits or the like required of Consultant by any and all national, state, regional, county, or local boards, agencies, commissions, committees or other regulatory bodies in order to perform the Work contracted for under this Agreement. Further, Consultant agrees that it will perform all Work in accordance with the standard of care and quality ordinarily expected of competent professionals and in compliance with all federal, state, and local laws, regulations, codes, ordinances, or orders applicable to the Project, including, but not limited to, any applicable records retention requirements and Georgia’s Open Records Act (O.C.G.A. § 50-18-71, et seq.). Any additional work or costs incurred as a result of error and/or omission by Consultant as a result of not meeting the applicable standard of care or quality will be provided by Consultant at no additional cost to City. This provision shall survive termination of this Agreement. B. Budgetary Limitations. Consultant agrees and acknowledges that budgetary limitations are not a justification for breach of sound principals of Consultant’s profession and industry. Consultant shall take no calculated risk in the performance of the Work. Specifically, Consultant agrees that, in the event it cannot perform the Work within the budgetary limitations established without disregarding sound principles of Consultant’s profession and industry, Consultant will give written notice immediately to City. C. City’s Reliance on the Work. Consultant acknowledges and agrees that City does not undertake to approve or pass upon matters of expertise of Consultant and that, therefore, City bears no responsibility for Consultant’s Work performed under this Agreement. Consultant acknowledges and agrees that the acceptance of Work by City is limited to the function of determining whether there has been compliance with what is 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 SAMPLE CONTRACT information provided by City is erroneous, inconsistent, or otherwise problematic. E. Consultant’s Representative. _____________________ shall be authorized to act on Consultant’s behalf with respect to the Work as Consultant’s designated representative, provided that this designation shall not relieve either Party of any written notice requirements set forth elsewhere in this Agreement. F. Assignment of Agreement. Consultant covenants and agrees not to assign or transfer any interest in, or delegate any duties of this Agreement, without the prior express written consent of City. As to any approved subcontractors, Consultant shall be solely responsible for reimbursing them, and City shall have no obligation to them. G. Responsibility of Consultant and Indemnification of City. Consultant covenants and agrees to take and assume all responsibility for the Work rendered in connection with this Agreement. Consultant shall bear all losses and damages directly or indirectly resulting to it and/or City on account of the performance or character of the Work rendered pursuant to this Agreement. Consultant shall defend, indemnify and hold harmless City and City’s elected and appointed officials, officers, boards, commissions, employees, representatives, consultants, servants, agents, attorneys and volunteers (individually an “Indemnified Party” and collectively “Indemnified Parties”) from and against any and all claims, suits, actions, judgments, injuries, damages, losses, costs, expenses and liability of any kind whatsoever, including but not limited to attorney’s fees and costs of defense (“Liabilities”), which may arise from or be the result of an alleged willful, negligent or tortious act or omission arising out of the Work, performance of contracted services, or operations by Consultant, any subcontractor, anyone directly or indirectly employed by Consultant or subcontractor or anyone for whose acts or omissions Consultant or subcontractor may be liable, regardless of whether or not the act or omission is caused in part by a party indemnified hereunder; provided that this indemnity obligation shall only apply to the extent Liabilities are caused by or result from the negligence, recklessness, or intentionally wrongful conduct of the Consultant or other persons employed or utilized by the Consultant in the performance of this Agreement. This indemnity obligation shall not be construed to negate, abridge, or otherwise reduce any other right or obligation of indemnity which would otherwise exist as to any party or person described in this provision. 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 SAMPLE CONTRACT or agent of City for any purpose. Consultant agrees to be solely responsible for its own matters relating to the time and place the Work is performed and the method used to perform such Work; the instrumentalities, tools, supplies and/or materials necessary to complete the Work; hiring of consultants, agents or employees to complete the Work; and the payment of employees, including benefits and compliance with Social Security, withholding and all other regulations governing such matters. Consultant agrees to be solely responsible for its own acts and those of its subordinates, employees, and subcontractors during the life of this Agreement. There shall be no contractual relationship between any subcontractor or supplier and City by virtue of this Agreement with Consultant. Any provisions of this Agreement that may appear to give City the right to direct Consultant as to the details of the services to be performed by Consultant or to exercise a measure of control over such services will be deemed to mean that Consultant shall follow the directions of City with regard to the results of such services only. It is further understood that this Agreement is not exclusive, and City may hire additional entities to perform the Work related to this Agreement. Inasmuch as City and Consultant are independent of each other, neither has the authority to bind the other to any third person or otherwise to act in any way as the representative of the other, unless otherwise expressly agreed to in writing signed by both Parties hereto. Consultant agrees not to represent itself as City’s agent for any purpose to any party or to allow any employee of Consultant to do so, unless specifically authorized, in advance and in writing, to do so, and then only for the limited purpose stated in such authorization. Consultant shall assume full liability for any contracts or agreements Consultant enters into on behalf of City without the express knowledge and prior written consent of City. I. Insurance. (1) Requirements: Consultant shall have and maintain in full force and effect for the duration of this Agreement, insurance insuring against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Work by Consultant, its agents, representatives, employees or subcontractors. All policies shall be subject to approval by City as to form and content. These requirements are subject to amendment or waiver if so approved in writing by the City Manager. (2) Minimum Limits of Insurance: Consultant shall maintain the following insurance policies with coverage and limits no less than: (a) Commercial General Liability coverage of at least $1,000,000 (one million dollars) combined single limit per occurrence and $2,000,000 (two million dollars) aggregate for comprehensive coverage including for bodily and personal injury, sickness, disease or death, injury to or destruction of property, including loss of use resulting therefrom. (b) Commercial Automobile Liability (owned, non-owned, hired) SAMPLE CONTRACT coverage of at least $1,000,000 (one million dollars) combined single limit per occurrence for comprehensive coverage including bodily and personal injury, sickness, disease or death, injury to or destruction of property, including loss of use resulting therefrom. (c) Professional Liability of at least $1,000,000 (one million dollars) limit for claims arising out of professional services and caused by Consultant’s errors, omissions, or negligent acts. (d) Workers’ Compensation limits as required by the State of Georgia and Employers’ Liability limits of $1,000,000 (one million dollars) per occurrence or disease. (If Consultant is a sole proprietor, who is otherwise not entitled to coverage under Georgia’s Workers’ Compensation Act, Consultant must secure Workers’ Compensation coverage approved by both the State Board of Workers’ Compensation and the Commissioner of Insurance. The amount of such coverage shall be the same as what is otherwise required of employers entitled to coverage under the Georgia Workers’ Compensation Act. Further, Consultant shall provide a certificate of insurance indicating that such coverage has been secured and that no individual has been excluded from coverage.) (e) Commercial Umbrella Liability Coverage: $ ________________ (_____________) per occurrence shall be provided and will apply over all liability policies, without exception, including but not limited to Commercial General Liability, Commercial Automobile Liability, Employers’ Liability, and Professional Liability. (3) Deductibles and Self-Insured Retentions: Any deductibles or self-insured retentions must be declared to and approved by City in writing so that City may ensure the financial solvency of Consultant; self-insured retentions should be included on the certificate of insurance. (4) Other Insurance Provisions: Each policy shall contain, or be endorsed to contain, the following provisions respectively: (a) General Liability, Automobile Liability and (if applicable) Umbrella Liability Coverage. (i) Additional Insured Requirement. City and City’s elected and appointed officials, officers, boards, commissioners, employees, representatives, consultants, servants, agents and volunteers (individually “Insured Party” and collectively “Insured Parties”) shall be named as additional insureds as respects: liability arising out of activities performed by or on behalf of Consultant; products and completed operations of Consultant; premises owned, SAMPLE CONTRACT leased, or used by Consultant; automobiles owned, leased, hired, or borrowed by Consultant. The coverage shall contain no special limitations on the scope of protection afforded to the Insured Parties. Nothing contained in this section shall be construed to require the Consultant to provide liability insurance coverage to any Insured Party for claims asserted against such Insured Party for its sole negligence. (ii) Primary Insurance Requirement. Consultant’s insurance coverage shall be primary noncontributing insurance as respects to any other insurance or self-insurance available to the Insured Parties. Any insurance or self-insurance maintained by the Insured Parties shall be in excess of Consultant’s insurance and shall not contribute with it. (iii) Reporting Requirement. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the Insured Parties. (iv) Separate Coverage. Coverage shall state that Consultant’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to limits of insurance provided. (v) Defense Costs/Cross Liability. Coverage shall be provided on a “pay on behalf” basis, with defense costs payable in addition to policy limits. There shall be no cross liability exclusion. (vi) Subrogation. The insurer shall agree to waive all rights of subrogation against the Insured Parties for losses arising from Work performed by Consultant for City. (b) Workers’ Compensation Coverage. The insurer providing Workers’ Compensation Coverage will agree to waive all rights of subrogation against the Insured Parties for losses arising from Work performed by Consultant for City. (c) All Coverages. (i) Notice Requirement. Each insurance policy required by this Agreement shall be endorsed to state that coverage shall not be suspended, voided, or canceled except after thirty (30) calendar days prior written notice (or 10 calendar days if due to non-payment) has been given to City. City reserves the right to accept alternate notice terms and SAMPLE CONTRACT provisions, provided they meet the minimum requirements under Georgia law. (ii) Starting and Ending Dates. Policies shall have concurrent starting and ending dates. (iii) Incorporation of Indemnification Obligations. Policies shall include an endorsement incorporating the indemnification obligations assumed by Consultant under the terms of this Agreement, including but not limited to Section IV(G) of this Agreement. (5) Acceptability of Insurers: The insurance to be maintained by Consultant must be issued by a company licensed or approved by the Insurance Commissioner to transact business in the State of Georgia. Such insurance policies shall be placed with insurer(s) with an A.M. Best Policyholder’s rate of no less than “A-” and with a financial rating of Class VII or greater. The Consultant shall be responsible for any delay resulting from the failure of its insurer to provide proof of coverage in the proscribed form. (6) Verification of Coverage: Consultant shall furnish to City for City approval certificates of insurance and endorsements to the policies evidencing all coverage required by this Agreement prior to the start of work. Without limiting the general scope of this requirement, Consultant is specifically required to provide an endorsement naming City as an additional insured when required. The certificates of insurance and endorsements for each insurance policy are to be on a form utilized by Consultant’s insurer in its normal course of business and are to be signed by a person authorized by that insurer to bind coverage on its behalf, unless alternate sufficient evidence of their validity and incorporation into the policy is provided. City reserves the right to require complete, certified copies of all required insurance policies at any time. Consultant shall provide proof that any expiring coverage has been renewed or replaced prior to the expiration of the coverage. (7) Subcontractors: Consultant shall either (1) ensure that its insurance policies (as described herein) cover all subcontractors and the Work performed by such subcontractors or (2) ensure that any subcontractor secures separate policies covering that subcontractor and its Work. All coverage for subcontractors shall be subject to all of the requirements stated in this Agreement, including, but not limited to, naming the Insured Parties as additional insureds. (8) Claims-Made Policies: Consultant shall extend any claims-made insurance policy for at least six (6) years after termination or final payment under the Agreement, whichever is later, and have an effective date which is on or prior to the Effective Date. SAMPLE CONTRACT (9) City as Additional Insured and Loss Payee: City shall be named as an additional insured and loss payee on all policies required by this Agreement, except City need not be named as an additional insured and loss payee on any Professional Liability policy or Workers’ Compensation policy. (10) Progress Payments: The making of progress payments to Consultant shall not be construed as relieving Consultant or its subcontractors or insurance carriers from providing the coverage required in this Agreement. J. Employment of Unauthorized Aliens Prohibited – E-Verify Affidavit. Pursuant to O.C.G.A. § 13-10-91, City shall not enter into a contract for the physical performance of services unless: (1) Consultant shall provide evidence on City-provided forms, attached hereto as Exhibits “D” and “E” (affidavits regarding compliance with the E-Verify program to be sworn under oath under criminal penalty of false swearing pursuant to O.C.G.A. § 16-10-71), that it and Consultant’s subcontractors have registered with, are authorized to use and use the federal work authorization program commonly known as E-Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91, and that they will continue to use the federal work authorization program throughout the contract period, or (2) Consultant provides evidence that it is not required to provide an affidavit because it is an individual (not a company) licensed pursuant to Title 26 or Title 43 or by the State Bar of Georgia and is in good standing. Consultant hereby verifies that it has, prior to executing this Agreement, executed a notarized affidavit, the form of which is provided in Exhibit “D”, and submitted such affidavit to City or provided City with evidence that it is an individual not required to provide such an affidavit because it is licensed and in good standing as noted in sub-subsection (2) above. Further, Consultant hereby agrees to comply with the requirements of the federal Immigration Reform and Control Act of 1986 (IRCA), P.L. 99-603, O.C.G.A. § 13-10-91 and Georgia Department of Labor Rule 300-10-1-.02. In the event Consultant employs or contracts with any subcontractor(s) in connection with the covered contract, Consultant agrees to secure from such subcontractor(s) attestation of the subcontractor’s compliance with O.C.G.A. § 13-10-91 and Rule 300-10-1-.02 by the subcontractor’s execution of the subcontractor affidavit, the form of which is attached hereto as Exhibit “E”, which subcontractor affidavit shall become part of the Consultant/subcontractor agreement, or evidence that the subcontractor is not required to provide such an affidavit because it is an individual licensed and in good standing as noted in sub-subsection (2) above. If a subcontractor affidavit is obtained, Consultant agrees to provide a completed copy to City within five (5) business days of receipt from any subcontractor. SAMPLE CONTRACT Where Consultant is required to provide an affidavit pursuant to O.C.G.A. § 13-10-91, the City Manager or his/her designee shall be authorized to conduct an inspection of Consultant’s and Consultant’s subcontractors’ verification process at any time to determine that the verification was correct and complete. Consultant and Consultant’s subcontractors shall retain all documents and records of their respective verification process for a period of five (5) years following completion of the contract. Further, where Consultant is required to provide an affidavit pursuant to O.C.G.A. § 13-10-91, the City Manager or his/her designee shall further be authorized to conduct periodic inspections to ensure that no City Consultant or Consultant’s subcontractors employ unauthorized aliens on City contracts. By entering into a contract with City, Consultant and Consultant’s subcontractors agree to cooperate with any such investigation by making their records and personnel available upon reasonable notice for inspection and questioning. Where Consultant or Consultant’s subcontractors are found to have employed an unauthorized alien, the City Manager or his/her designee may report same to the Department of Homeland Security. Consultant’s failure to cooperate with the investigation may be sanctioned by termination of the Agreement, and Consultant shall be liable for all damages and delays occasioned by City thereby. Consultant agrees that the employee-number category designated below is applicable to Consultant. [Information only required if a contractor affidavit is required pursuant to O.C.G.A. § 13-10-91.] ____ 500 or more employees. ____ 100 or more employees. ____ Fewer than 100 employees. Consultant hereby agrees that, in the event Consultant employs or contracts with any subcontractor(s) in connection with this Agreement and where the subcontractor is required to provide an affidavit pursuant to O.C.G.A. § 13-10-91, Consultant will secure from the subcontractor(s) such subcontractor(s’) indication of the above employee-number category that is applicable to the subcontractor. The above requirements shall be in addition to the requirements of state and federal law, and shall be construed to be in conformity with those laws. K. Records, Reports and Audits. (1) Records: (a) Books, records, documents, account legers, data bases, and similar materials relating to the Work performed for City under this Agreement (“Records”) shall be established and maintained by Consultant in accordance with applicable law and requirements prescribed by City with respect to all matters covered by this Agreement. Except as otherwise authorized or required, such SAMPLE CONTRACT 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 or City’s representative(s) for examination all Records. Consultant will permit City or City’s representative(s) to audit, examine, and make excerpts or transcripts from such Records. Consultant shall provide proper facilities for City or City’s representative(s) to access and inspect the Records, or, at the request of City, shall make the Records available for inspection at City’s office. Further, Consultant shall permit City or City’s representative(s) to observe and inspect any or all of Consultant’s facilities and activities during normal hours of business for the purpose of evaluating Consultant’s compliance with the terms of this Agreement. In such instances, City or City’s representative(s) shall not interfere with or disrupt such activities. L. Ethics Code; Conflict of Interest. Consultant agrees that it shall not engage in any activity or conduct that would result in a violation of the City of Milton Code of Ethics or any other similar law or regulation. Consultant certifies that to the best of its knowledge no circumstances exist which will cause a conflict of interest in performing the Work. Should Consultant become aware of any circumstances that may cause a conflict of interest during the Term of this Agreement, Consultant shall immediately notify City. If City determines that a conflict of interest exists, City may require that Consultant take action to remedy the conflict of interest or terminate the Agreement without liability. City shall have the right to recover any fees paid for services rendered by Consultant when such services were performed while a conflict of interest existed if Consultant had knowledge of the conflict of interest and did not notify City within five (5) business days of becoming aware of the existence of the conflict of interest. Consultant and City acknowledge that it is prohibited for any person to offer, give, or agree SAMPLE CONTRACT to give any City employee or official, or for any City employee or official to solicit, d emand, accept, or agree to accept from another person, a gratuity of more than nominal value or rebate or an offer of employment in connection with any decision, approval, disapproval, recommendation, or preparation of any part of a program requirement or a purchase request, influencing the content of any specification or procurement standard, rendering of advice, investigation, auditing, or in any other advisory capacity in any proceeding or application, request for ruling, determination, claim or controversy, or other particular matter, pertaining to any program requirement or a contract or subcontract, or to any solicitation or proposal therefor. Consultant and City further acknowledge that it is prohibited for any payment, gratuity, or offer of employment to be made by or on behalf of a sub-consultant under a contract to the prime Consultant or higher tier sub- consultant, or any person associated therewith, as an inducement for the award of a subcontract or order. M. Confidentiality. Consultant acknowledges that it may receive confidential information of City and that it will protect the confidentiality of any such confidential information and will require any of its subcontractors, consultants, and/or staff to likewise protect such confidential information. Consultant agrees that confidential information it learns or receives or such reports, information, opinions or conclusions that Consultant creates under this Agreement shall not be made available to, or discussed with, any individual or organization, including the news media, without prior written approval of City. Consultant shall exercise reasonable precautions to prevent the unauthorized disclosure and use of City information whether specifically deemed confidential or not. Consultant acknowledges that City’s disclosure of documentation is governed by Georgia’s Open Records Act, and Consultant further acknowledges that if Consultant submits records containing trade secret information, and if Consultant wishes to keep such records confidential, Consultant must submit and attach to such records an affidavit affirmatively declaring that specific information in the records constitutes trade secrets pursuant to Article 27 of Chapter 1 of Title 10, and the Parties shall follow the requirements of O.C.G.A. § 50-18-72(a)(34) related thereto. N. Key Personnel. All of the individuals identified in Exhibit “F”, attached hereto, are necessary for the successful completion of the Work due to their unique expertise and depth and breadth of experience. There shall be no change in Consultant’s Project Manager or members of the Project team, as listed in Exhibit “F”, without written approval of City. Consultant recognizes that the composition of this team was instrumental in City’s decision to award the Work to Consultant and that compelling reasons for substituting these individuals must be demonstrated for City’s consent to be granted. Any substitutes shall be persons of comparable or superior expertise and experience. Failure to comply with the provisions of this paragraph shall constitute a material breach of Consultant’s obligations under this Agreement and shall be grounds for termination. O. Meetings. Consultant is required to meet with City’s personnel, or designated representatives, to resolve technical or contractual problems that may occur during the Term of this Agreement at no additional cost to City. Meetings will occur as problems arise and will be coordinated by City. City shall inform Consultant’s Representative of the need for a meeting and of the date, time and location of the meeting at least three (3) full business days prior to the date SAMPLE CONTRACT 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 hands of Consultant or subcontractor upon completion or termination of the Work shall be delivered immediately to City whether or not the Project or Work is commenced or completed; provided, however, that Consultant may retain a copy of any deliverables for its records. Consultant assumes all risk of loss, damage or destruction of or to Materials. If any Materials are lost, damaged or destroyed before final delivery to City, Consultant shall replace them at its own expense. Any and all copyrightable subject matter in all Materials is hereby assigned to City, and Consultant agrees to execute any additional documents that may be necessary to evidence such assignment. R. Nondiscrimination. In accordance with Title VI of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000d, section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6102, section 202 of the Americans with Disabilities Act of 1990, 42 U.S.C. § 12132, and all other provisions of Federal law, Consultant agrees that, during performance of this Agreement, Consultant, for itself, its assignees and successors in interest, will not discriminate against any employee or applicant for employment, any subcontractor, or any supplier because of race, color, creed, national origin, gender, age or disability. In addition, Consultant agrees to comply with all applicable implementing regulations and shall include the provisions of this paragraph in every subcontract for services contemplated under this Agreement. V. COVENANTS OF CITY A. Right of Entry. City shall provide for right of entry for Consultant and all necessary equipment as required for Consultant to complete the Work; provided that Consultant shall not unreasonably encumber the Project site(s) with materials or equipment. B. City’s Representative. ______________________ shall be authorized to act on City’s behalf with respect to the Work as City’s designated representative on this Project; provided that any changes to the Work or the terms of this Agreement must be approved as provided in Section II above. VI. TERMINATION SAMPLE CONTRACT 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 converted to and treated as a termination for convenience under the terms of Section VI(A) above. F. Requirements Upon Termination. Upon termination, Consultant shall: (1) promptly discontinue all services, cancel as many outstanding obligations as possible, and not incur any new obligations, unless the City directs otherwise; and (2) promptly deliver to City all data, drawings, reports, summaries, and such other information and materials as may have been generated or used by Consultant in performing this Agreement, whether completed or in process, in the form specified by City. G. Reservation of Rights and Remedies. The rights and remedies of City and Consultant provided in this Article are in addition to any other rights and remedies provided under this Agreement or at law or in equity. VII. MISCELLANEOUS SAMPLE CONTRACT 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 ac tion or suit related to this Agreement shall be brought in the Superior Court of Fulton County, Georgia, or the U.S. District Court for the Northern District of Georgia – Atlanta Division, and Consultant submits to the jurisdiction and venue of such court. D. Captions and Severability. All headings herein are intended for convenience and ease of reference purposes only and in no way define, limit or describe the scope or intent thereof, or of this Agreement, or in any way affect this Agreement. Should any article(s) or section(s) of this Agreement, or any part thereof, later be deemed illegal, invalid or unenforceable by a court of competent jurisdiction, the offending portion of the Agreement should be severed, and the remainder of this Agreement shall remain in full force and effect to the extent possible as if this Agreement had been executed with the invalid portion hereof eliminated, it being the intention of the Parties that they would have executed the remaining portion of this Agreement without including any such part, parts, or portions that may for any reason be hereafter declared in valid. E. Business License. Prior to commencement of the Work to be provided hereunder, Consultant shall apply to City for a business license, pay the applicable business license fee, and maintain said business license during the Term of this Agreement, unless Consultant provides evidence that no such license is required. F. Notices. (1) Communications Relating to Day-to-Day Activities. All communications relating to the day-to-day activities of the Work shall be exchanged between City’s Representative (named above) for City and Consultant’s Representative (named above) for Consultant. (2) Official Notices. All other notices, requests, demands, writings, or correspondence, as required by this Agreement, shall be in writing and shall be deemed received, and shall be effective, when: (1) personally delivered, or (2) on the third day after the postmark date when mailed by certified mail, postage prepaid, return receipt requested, or (3) upon actual SAMPLE CONTRACT delivery when sent via national overnight commercial carrier to the Party at the address given below, or at a substitute address previously furnished to the other Party by written notice in accordance herewith. NOTICE TO CITY shall be sent to: City Manager City of Milton, Georgia 2006 Heritage Walk Milton, Georgia 30004 NOTICE TO CONSULTANT shall be sent to: ____________________________ ____________________________ ____________________________ ____________________________ G. Waiver of Agreement. No failure by City to enforce any right or power granted under this Agreement, or to insist upon strict compliance by Consultant with this Agreement, and no custom or practice of City at variance with the terms and conditions of this Agreement shall constitute a general waiver of any future breach or default or affect City’s right to demand exact and strict compliance by Consultant with the terms and conditions of this Agreement. Further, no express waiver shall affect any Term or condition other than the one specified in such waiver, and that one only for the time and manner specifically stated. H. Survival. All sections of this Agreement which by their nature should survive termination will survive termination, including, without limitation, confidentiality obligations and insurance maintenance requirements. I. No Third Party Rights. This Agreement shall be exclusively for the benefit of the Parties and shall not provide any third parties with any remedy, claim, liability, reimbursement, cause of action or other right. J. Sovereign Immunity; Ratification. Nothing contained in this Agreement shall be construed to be a waiver of City’s sovereign immunity or any individual’s qualified, good faith or official immunities. Ratification of this Agreement by a majority of the Mayor and City Council shall authorize the Mayor to execute this Agreement on behalf of City. K. No Personal Liability. Nothing herein shall be construed as creating any individual or personal liability on the part of any of City’s elected or appointed officials, officers, boards, commissions, employees, representatives, consultants, servants, agents, attorneys or volunteers. No such individual shall be personally liable to Consultant or any successor in interest in the event of any default or breach by City or for any amount which may become due to Consultant or successor or on any obligation under the terms of this Agreement. Likewise, Consultant’s performance of services under this Agreement shall not subject Consultant’s individual employees, officers, or directors to any personal contractual liability, except where Consultant is a sole proprietor. The Parties agree that, except where Consultant is a sole proprietor, their sole and exclusive remedy, claim, demand or suit for contractual liability shall SAMPLE CONTRACT be directed and/or asserted only against Consultant or City, respectively, and not against any elected or appointed official, officers, boards, commissions, employees, representatives, consultants, servants, agents, attorneys and volunteers. L. Counterparts; Agreement Construction and Interpretation. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, but all of which taken together shall constitute one and the same instrument. Consultant represents that it has reviewed and become familiar with this Agreement and has notified City of any discrepancies, conflicts or errors herein. In the event of a conflict in the terms of this Agreement and/or the exhibits attached hereto, the terms most beneficial to City shall govern. The Parties hereto agree that, if an ambiguity or question of intent or interpretation arises, this Agreement is to be construed as if the Parties had drafted it jointly, as opposed to being construed against a Party because it was responsible for drafting one or more provisions of the Agreement. In the interest of brevity, the Agreement may omit modifying words such as “all” and “any” and articles such as “the” and “an,” but the fact that a modifier or an article is absent from one statement and appears in another is not intended to affect the interpretation of either statement. Words or terms used as nouns in the Agreement shall be inclusive of their singular and plural forms, unless the context of their usage clearly requires contrary meaning. M. Force Majeure. Neither City nor Consultant shall be liable for its respective non- negligent or non-willful failure to perform or shall be deemed in default with respect to the failure to perform (or cure a failure to perform) any of its respective duties or obligations under this Agreement or for any delay in such performance due to: (i) any cause beyond its respective reasonable control; (ii) any act of God; (iii) any change in applicable governmental rules or regulations rendering the performance of any portion of this Agreement legally impossible; (iv) earthquake, fire, explosion or flood; (v) strike or labor dispute, excluding strikes or labor disputes by employees and/or agents of CONSULTANT; (vi) delay or failure to act by any governmental or military authority; or (vii) any war, hostility, embargo, sabotage, civil disturbance, riot, insurrection or invasion. In such event, the time for performance shall be extended by an amount of time equal to the period of delay caused by such acts, and all other obligations shall remain intact. N. Material Condition. Each term of this Agreement is material, and Consultant’s breach of any term of this Agreement shall be considered a material breach of the entire Agreement and shall be grounds for termination or exercise of any other remedies available to City at law or in equity. IN WITNESS WHEREOF City and Consultant have executed this Agreement, effective as of the Effective Date first above written. [SIGNATURES ON FOLLOWING PAGE] SAMPLE CONTRACT CONSULTANT: _____________________________ Signature: ___________________________________ Print Name: _____________________________ Title: President/Vice President (Corporation) General Partner (Partnership/Limited Partnership) Member/Manager (LLC) Owner (Sole Proprietorship/Individual) [CORPORATE SEAL] (required if corporation) Attest/Witness: Signature: _______________________________ Print Name: _____________________________ Title: __________________________________ (Assistant) Corporate Secretary (required if corporation) CITY OF MILTON, GEORGIA ________________________________________ By: Joe Lockwood, Mayor [CITY SEAL] Attest: Signature: ________________________________ Print Name: ______________________________ Title: City Clerk Approved as to form: _______________________________ City Attorney SAMPLE CONTRACT EXHIBIT “A” EXHIBIT “B” EXHIBIT “C” SAMPLE CONTRACT EXHIBIT “D” STATE OF ____________ COUNTY OF ___________ CONTRACTOR AFFIDAVIT AND AGREEMENT By executing this affidavit, the undersigned contractor verifies its compliance with O.C.G.A. § 13-10-91, stating affirmatively that the individual, firm, or corporation which is engaged in the physical performance of services on behalf of the City of Milton, Georgia has registered with, is authorized to use and uses the federal work authorization program commonly known as E-Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91. Furthermore, the undersigned contractor will continue to use the federal work authorization program throughout the contract period and the undersigned contractor will contract for the physical performance of services in satisfaction of such contract only with subcontractors who present an affidavit to the contractor with the information required by O.C.G.A. § 13-10-91(b). Contractor hereby attests that its federal work authorization user identification number and date of authorization are as follows: _________________________________ Federal Work Authorization User Identification Number _________________________________ Date of Authorization _________________________________ Name of Contractor _________________________________ Name of Project City of Milton, Georgia Name of Public Employer I hereby declare under penalty of perjury that the foregoing is true and correct. Executed on _________, 20___ in _____________________ (city), ______ (state). _________________________________ Signature of Authorized Officer or Agent _______________________________ Printed Name and Title of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE ______ DAY OF ______________, 20___. _________________________________ NOTARY PUBLIC [NOTARY SEAL] My Commission Expires: _______________________________ SAMPLE CONTRACT EXHIBIT “E” STATE OF _____________ COUNTY OF ___________ SUBCONTRACTOR AFFIDAVIT By executing this affidavit, the undersigned subcontractor verifies its compliance with O.C.G.A. § 13-10- 91, stating affirmatively that the individual, firm or corporation which is engaged in the physical performance of services under a contract with _______________________ (name of contractor) on behalf of the City of Milton, Georgia has registered with, is authorized to use and uses the federal work authorization program commonly known as E-Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91. Furthermore, the undersigned subcontractor will continue to use the federal work authorization program throughout the contract period, and the undersigned subcontractor will contract for the physical performance of services in satisfaction of such contract only with sub-subcontractors who present an affidavit to the subcontractor with the information required by O.C.G.A. § 13-10-91(b). Additionally, the undersigned subcontractor will forward notice of the receipt of an affidavit from a sub-subcontractor to the contractor within five (5) business days of receipt. If the undersigned subcontractor receives notice that a sub-subcontractor has received an affidavit from any other contracted sub-subcontractor, the undersigned subcontractor must forward, within five (5) business days of receipt, a copy of the notice to the contractor. Subcontractor hereby attests that its federal work authorization user identification number and date of authorization are as follows: _________________________________ Federal Work Authorization User Identification Number _________________________________ Date of Authorization _________________________________ Name of Contractor _________________________________ Name of Project City of Milton, Georgia Name of Public Employer I hereby declare under penalty of perjury that the foregoing is true and correct. Executed on _________, 20___ in _____________________ (city), ______ (state). _________________________________ Signature of Authorized Officer or Agent _______________________________ Printed Name and Title of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE ______ DAY OF ______________, 20___. _________________________________ NOTARY PUBLIC [NOTARY SEAL] My Commission Expires: ________________________________ SAMPLE CONTRACT EXHIBIT “F” The following individuals are designated as Key Personnel under this Agreement and, as such, are necessary for the successful prosecution of the Work: Individual Position _____________, Project Manager RFP 19-PW08 Addendum #1 1 | P a g e ACKNOWLEDGEMENT RECEIPT OF ADDENDUM #1 RFP 19-PW08 Upon receipt of documents, please email, fax or mail this page to: City of Milton Attn: Honor Motes, Purchasing Office 2006 Heritage Walk Milton, GA 30004 Phone: 678-242-2500 Fax: 678-242-2499 Email: honor.motes@cityofmiltonga.us I hereby acknowledge receipt of documents pertaining to the above referenced RFP. COMPANY NAME: ___________________________________________ CONTACT PERSON: _________________________________________ ADDRESS: __________________________________________________ CITY: _________________ STATE: ____________ ZIP: _____________ PHONE: ______________________ FAX: _________________________ EMAIL ADDRESS: ___________________________________________ ____________________________________ ______________________ Signature Date ADDENDUM #1 RFP 19-PW08 Addendum #1 2 | P a g e ADDENDUM #1 RFP 19-PW08 This Addendum forms a part of the contract documents and modifies the original RFP documents as noted below: Additional information on the projects being considered for further design development under this engineering and design services solicitation can be found at the project websites listed below. Big Creek Greenway Connection PI 0012881 http://miltonintersectionprojects.com/completed-projects/big-creek-greenway- connection/ Morris Road http://miltonintersectionprojects.com/morris-road/ Questions and Answers 1. Page 10 of the RFQ states that the project schedule is only required if selected. Can we just remove item d. from our proposal? Answer: No, this is if selected, how soon could you begin and how long do you anticipate the PDP process taking to get from a new concept report to construction let. Please base the schedule on the combination of the Morris Road and Big Creek Greenway Connection. 2. Is SUE 5.08 Area Class required for this RFQ? Answer: No 3. Does the team need to provide GDOT Prequalification Area Class for services outline in this RFP? Answer: Yes, the team needs to include firms to meet all of the identified area classes in the RFP. The GDOT prequalification forms showing the area classes for each firm on the team should be provided in the response and will not count toward the page limit. EXHIBIT “B” Professional Proposal for RFP Number: 19-PW08 Engineering and Design Services City of Milton April 30, 2019 Digital Copy MILT CITY OF MILTON REQUEST FOR PROPOSALS (THIS IS NOT AN ORDER) RFP Number: RFP Title: 19-PW08 Engineering and Design Services Due Date and Time: Local Time: April 30, 2019 @ 2:00 PM Number of Pages: 49 ISSUING DEPARTMENT INFORMATION Issue Date: March 28, 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 CONSULTANTS Return Proposal to: Mark Face of Envelope/Package: RFP Number: 19-PW08 City of Milton Name of Company or Firm Attn: Honor Motes, Purchasing Office Special Instructions: 2006 Heritage Walk Deadline for Written Questions Milton, Ga. 30004 April 8, 2019 Email questions to Honor Motes at honor.motes@citvofmiltonga.us IMPORTANT: SEE STANDARD TERMS AND CONDITIONS CONSULTANTS MUST COMPLETE THE FOLLOWING Consultant Name/ Address: Authorize�l-t-crnt Signatory: Pond & Company, Inc. 3500 Parkway Lane, Suite 500 �� Peachtree Corners, GA 30092 ( /Please print name and siqn in inkl Consultant Phone Number: Consultant FAX Number: 678-336-77 40 678-336-77 44 Consultant Federal I.D. Number: Consultant E-mail Address: 58-1639128 osterlohr@pondco.com CONSULTANTS MUST RETURN THIS COVER SHEET WITH RFP RESPONSE 2006 Heritage Walk Milton, GA 30004 P: 678.242.2500 IF: 678.242.2499 info@cityofmiltonga.usIwww.cityofmiltonga.us oeoo No Text No Text No Text Pond Proposal | RFP Number 19-PW08 | Engineering and Design Services Table of CONTENTS 01 A. Cover Letter 02 B. Design Team 05 C. Work Plan 08 D. Project Schedule 09 E. Related Projects and References appendix Addenda Acknowledgment Form GDOT Notice of Professional Consultant Qualification 1 April 30, 2019 City of Milton Honor Motes, Purchasing Office 2006 Heritage Walk Milton, GA 30004 Re: RFP Number 19-PW08 Engineering and Design Services Dear Mr. Motes and Selection Committee Members: Pond has enjoyed an excellent working relationship with the City of Milton, partnering with you to bring numerous important transportation projects to fruition. We look forward to continuing this relationship on the development of the connection to the Big Creek Greenway. Pond provides many valuable advantages to the City as you develop this very important project. Unparalleled Experience with the Cities of Milton and Alpharetta: Pond has worked with both cities on numerous projects over the last decade. Many of these projects are within the area being targeted to house the Greenway Connector. Recently, our team performed a Feasibility Study for the extension of the Big Creek Greenway through The Golf Club of Georgia for the City of Alpharetta. Pond is GDOT’s consultant on the State Route (SR) 9 widening through Milton that runs parallel with much of the proposed trail. Pond knows this area intimately and will begin the project with tremendous situational knowledge. Experience with Similar Projects: Pond has developed numerous award-winning trail and context-sensitive projects for more than 15 other public clients throughout Georgia. Our team has worked on all stages of trail network development and can quickly build upon the previous work completed on this project. Pond is currently working on many local government trail/greenway projects that must navigate the Georgia Department of Transportation (GDOT) Plan Development Process (PDP). We have seen and worked through many of the challenges that come with trail and multi-modal projects. Pond knows how to select the best alignment options and work designs through the GDOT PDP in a timely manner. Availability: In the current marketplace, the importance of having a team standing ready to deliver cannot be overstated. Bryon Letourneau, PE, Pond’s proposed Project Manager for this project, brings more than 22 years of experience in planning, design, and management of transportation projects. He, along with Arwin Lopez, PE (Road/Trail Design), Andrew Kohr, PLA, ASLA (Placemaking/Aesthetics) and Andrew Antweiler, PE, PTOE (Pedestrian Crossing/Safety) have the availability to begin the project immediately upon Notice to Proceed. With more than 500 employees, Pond is the largest engineering firm headquartered in Georgia. Pond brings a deep bench of local professionals focused on timely and successful delivery. At Pond, we are proud of the work we have performed for the City of Milton over the years. Projects such as the Greenway Connector are predominant in our portfolio. We strive, every day, to maintain the confidence that the City places in us as a Trusted Advisor. If you have any questions or require additional information, please do not hesitate to contact me by phone at 678.336.7740 or by email at FangmannR@pondco.com. Thank you for considering our qualifications. With kind regards, Pond & Company Richard Fangmann, PE, PTOE Vice President and Principal-in-Charge Pond Proposal | RFP Number 19-PW08 | Engineering and Design Services 2 Pond continues to be a leader in the region in trail planning and design. Pond provides services directly to municipal and state Departments of Transportation, or indirectly through grants through local sponsors for the design and engineering of multi-use trails, greenways, linear parks, and supporting greenspaces, as well as landscape enhancement and beautification characteristic of many of our roadway and streetscape projects. We will work with you to seek opportunities through the many channels and departments within your reach to maximize opportunities for your community. Our team of transportation engineers, landscape architects, and planners have been involved in some of the largest, and most significant trail and greenway projects in the region. From the Silver Comet Trail to the Big Creek Greenway, Western Gwinnett Bikeway, Rockdale River Trail, and the Atlanta BeltLine trails, our team has designed and engineered more than 100+ miles of trails in the metro region. Proximity, Strength, Stability, & Availability Founded in Atlanta 54 years ago, Pond remains headquartered in the metro region, in Peachtree Corners. With more than 330 local professionals, the City of Milton is guaranteed to have a stable, dependable partner. We are continually tracking our workload forecast and project six months forward in an effort to maintain staff and capacity to perform work under our current and forthcoming commitments. We also forecast individual staff workload for the forthcoming two months on a weekly basis, where we can see exactly what each of our staff is assigned to work on across all programs. For this reason, we can commit to the City of Milton that our team will have the full staff resources necessary to complete the project on time and within budget. At Pond, we have built a reputation based on our ability to succeed—a testament to our commitment to work dependably and with integrity, to engage the breadth of our professional expertise, and to promote and practice teamwork. B. DESIGN TEAM Design Team Project Team PLACEMAKING/AESTHETICS Andrew Kohr, PLA, ASLA LEAD Pedro Torres, PLA, ASLA PUBLIC INVOLVEMENT Eric Lusher, AICP LEAD Lauren Blaszyk, AICP ROAD/TRAIL DESIGN Arwin Lopez, PE LEAD Lane Gortemoller, PE BRIDGE/STRUCTURES David Finley, PE LEAD Duane Merrell PEDESTRIAN CROSSING/SAFETY Andrew Antweiler, PE LEAD Zach Puckett, PE, IMSA II SUPPORT SERVICES Edwards-Pitman (environmental) McKim & Creed (survey) Principal-in-Charge Richard Fangmann, PE, PTOE Quality Control Kevin Skinner, PE Project Manager Bryon Letourneau, PE Pond Proposal | RFP Number 19-PW08 | Engineering and Design Services 3 B. DESIGN TEAM Role Key Personnel Education & Project Experience Project Manager/Point of Contact Bryon Letourneau, PE has experience in the design of multi-use trails, both on and off-roadway. He will oversee adherence to GDOT policies and procedures, having specific experience navigating projects of varying size and complexity through the GDOT PDP and with the City of Milton. Bryon will supervise the development of all deliverables and ensure that quality control measures are taken. BS, Civil Engineering, 1997 ƒNorcross to Lilburn Multi-Use Path  ƒWestern Gwinnett Bikeway  ƒBuford Highway Transit Oriented Sidewalk/Multi-use Trail  ƒForysth Big Creek Greenway Multi- Use Trail  Roadway/Trail Design Lead Arwin Lopez, PE has worked on numerous projects with varying complexities, and is leading or has been heavily involved in many City of Milton projects over the years. He has the experience to guide the project in development of an effective solution and design within the context of the City. BS, Civil Engineering, 2005 ƒCharlotte Drive Extension ƒForsyth Big Creek Greenway Multi- Use Trail  ƒWestern Gwinnett Bikeway  ƒSR 9 Widening  ƒHopewell/Birmingham Roundabout Placemaking/ Aesthetics Andrew Kohr, PLA, ASLA has a passion for creating great public spaces which connect communities and bring people together. He is an industry leader in accessibility, equity, and placemaking. His ability to communicate to the community, his technical knowledge of engineering trails/greenways in suburban settings, and his sensitivity to construction methods and costs will provide the City with a more complete, cost-effective project. MLA, Landscape Architecture, 2005 BA, Historic Preservation, 2002 ƒBig Creek Greenway Scoping Study  ƒPATH Lakewood Trail  ƒRottenwood Creek Trail Scoping Study, Phase 1 and 2  ƒOconee River Greenway, Phase 3  ƒAlphaLoop ƒInnovation District Multi-Use Trail  Ped Crossing/ Safety Andrew Antweiler, PE, PTOE has led many efforts to identify the optimal crossing locations for pedestrians and bicyclists of major streets. He is very knowledgeable of requirements and preferences of GDOT when proposing pedestrian and bicycle crossings. His design experience complements his analysis of transportation options. BS/MS, Civil Engineering, 2000/2001 ƒSR 60/Green Street Corridor Study  ƒSR 9 Pedestrian Beacon  ƒSR 12/Covington Highway  Complete Street Design ƒSR 54 East Corridor Study  ƒAlphaLoop Crosswalk Designs ƒHardy McManus Road Widening Project  Bridge David Finley, PE has been the Structural Engineer of Record for more than a dozen pedestrian structures including pedestrian bridges and culvert extensions to accommodate trails. These designs include steel trusses, concrete slabs, and timber beams with foundation types that include concrete spread footings and pile-supported abutments. BS, Civil Engineering, 1984 ƒSouth Lake Trail Pedestrian Bridge ƒGolden Gate Pedestrian Bridge ƒPedestrian and Pipe Bridge ƒWebb Bridge Road Concept ƒSR 574 North Pedestrian Bridge  Involved GDOT/federal funding Pond Proposal | RFP Number 19-PW08 | Engineering and Design Services 4 B. DESIGN TEAM Role Key Personnel Education & Project Experience Public Involvement Eric Lusher, AICP is a technically-oriented planner who understands the value of a strong community engagement strategy. He is passionate about finding simple ways to explain complex concepts in order to facilitate consensus within communities and communicate to decision makers. MS, Urban/Regional Planning, 2005 BS, Social Science, 2002 Certificate, Planning Studies, 2002 ƒSR 74 Corridor Study ƒIndian Trail – Lilburn Road LCI ƒGwinnett 2040 Unified Plan ƒBrookhaven Bike, Ped, and Trail Plan Role Support Personnel Education & Project Experience Roadway Design Support Lane Gortemoller, PE has conducted analyses to propose design options and alternatives and will support the concept design efforts for the project. BS, Civil Engineering, 2005 ƒNorcross to Lilburn Multi-Use Path  ƒWestern Gwinnett Bikeway  ƒSR 9 Widening  Public Involvement Lauren Blaszyk, AICP knows how to establish early buy-in and develop real connections with members of the community. Bachelor of City Planning, 1997 ƒBarrett Lakes Boulevard Study ƒGwinnett 2040 Unified Plan ƒTalley Street/Sams Street Study Placemaking/ Trail Aesthetics Pedro Torres, PLA, ASLA will use his knowledge and skills to prepare site analysis diagrams, illustrative final concepts, construction documents, and 3-D model renderings. MBA, Business Administration, 2016 BLA, Landscape Architecture, 2012 ƒWestern Gwinnett Bikeway  ƒPATH Westside Trail  ƒNorth Oconee East Campus Greenway  Ped Crossing/ Safety Zach Puckett, PE, IMSA II has experience with street improvements and urban roadway design, traffic signal design, and Intelligent Transportation Systems (ITS) design. BS, Civil Engineering, 2012 ƒNorcross to Lilburn Multi-Use Trail Signal and Communications Plans  ƒWestern Gwinnett Bikeway Extension Signal Plans  Bridge Duane Merrell has been involved in the design of more than 13 pedestrian structures including pedestrian bridges, culvert extensions to accommodate trails and dune cross-over structures of conventional timber construction. BS, Civil Engineering, 1979 ƒBelle Terre Multi-Use Path ƒA1A Safety Project ƒFleet Landing Bridge Quality Control Kevin Skinner, PE has experience with both trail and pedestrian-focused projects and will provide quality control and independent reviews of the project. BS, Civil Engineering, 1999 ƒForsyth Big Creek Greenway Multi- Use Trail  ƒPhoenix Trail In addition to the personnel provided, our team will be rounded out by Principal-in-Charge Richard Fangmann, PE, PTOE who will ensure the project has the proper resources, and subconsultants Edwards- Pitman Environmental and McKim & Creed to provide environmental and survey services, respectively.  Involved GDOT/federal funding Pond Proposal | RFP Number 19-PW08 | Engineering and Design Services 5 Project Approach Pond understands and appreciates the multi-use connection of activity centers, schools, parks, senior centers, retail, and greenways is very important to the City of Milton. This connection has been studied many times and been taken all the way to a GDOT Concept Report. Pond has the expertise to evaluate the work completed to date and quickly move the project toward design and construction. One way to move this project more quickly is to stay with the current GDOT PI Number project and revise the approved Concept Report as appropriate. Pond brings unique value to this project as Andrew Kohr, PLA, ASLA was very involved in the Concept Report creation as a part of his previous work. This experience gives Pond a special insight into what the important elements were that guided the original concept development. We can carry those elements forward in the proposed revision. Our team is very familiar with the City of Milton having had the privilege to work with the City on several important projects and working for GDOT on the State Route 9 project. We have a deep understanding of what is important to the City including quality of life, preservation of the rural heritage of the area, and providing many ways to move around the City. The currently proposed alignment in the approved Concept Report traverses south on Cogburn from Cambridge High School, east along Webb, then south along Deerfield Parkway into the City of Alpharetta along Westside Parkway to Webb Bridge Road east to the Big Creek Greenway. Pond brings many advantages to this approach as we are long time on-call engineers for the City of Alpharetta and are currently designing a project along Webb Bridge Road in the area under consideration. The RFP also mentions the possibility of continuing east on Webb Road to the Morris Road roundabout and continuing north along Morris Road to the connection with McGinnis Ferry Road. Both alternatives would be studied as a part of validating/revising the currently approved Concept Report. The first alternative has been vetted in the previous concept development. Pond will minimize the time and work on this alternative to only update what may have changed since February 2016. Pond would also evaluate the second alternative and develop the estimated right-of-way impacts and costs associated with the alignment. We would then develop a comparison matrix for the City’s consideration. Both alignments have their advantages and disadvantages and it seems the City has/is doing a good job having any developments in the area include a 10-foot multi-use path along the frontage of the development. This will minimize costs and impacts of the Greenway Connector. Pond has the unparalleled experience with Milton and Alpharetta, the experience with similar projects, and the availability to bring this important connection to life in the City. Project Methodology Proven Project Leadership Pond has led more than 25 projects through the state and federal funding process over the last five years. These projects have ranged from sidewalk improvements to road widenings and everything in between. Pond has assembled a team who can provide the required professional services needed to complete the improvements for the Greenway Connector. The proposed staff has a long history of working together and providing the City with the best possible, diversified combination of resources, experience, accessibility, and availability. Our team for this project includes our sub-consultant partners Edwards-Pitman Environmental, Inc. (a DBE Firm), to provide environmental documentation and permitting services, and McKim & Creed to provide field survey services. Due to this project likely being funded by state and/or federal funds, Pond suggests that this project follow the GDOT Plan Development Process (PDP) and require either a Georgia Environmental Protection Act (GEPA) or National Environmental Protection Act (NEPA) document for the environmental documentation. Pond anticipates GDOT participation in this project due to the likely funding mechanism. To your benefit, we have successfully led several projects through this complex process with multiple stakeholders. Pond is focused on achieving the City’s goals for the Greenway Connector while meeting the requirements of GDOT. Concept Phase A Concept Report and/or Revised Concept Report will be prepared in accordance with the GDOT PDP. C. WORK PLAN Work Plan Pond Proposal | RFP Number 19-PW08 | Engineering and Design Services 6 The environmental process, detailed later, will also begin at the earliest stage of the project. Concept layouts will be provided that show all existing features on aerial background. The proposed alternates will be shown with all geometrics, existing and proposed right-of-way, existing utilities, and property owners’ names. During concept development, we will investigate several different alternate options. We will consider options, potential impacts, benefits and costs, and will prepare a matrix of pros and cons of each alternative and work with the City to select an option that best suits the City, the public, and stakeholders. This Greenway is in a Municipal Separate Storm Sewer System (MS4) permit area. Pond will begin coordination with GDOT at this point in the project to make sure the proposed project will follow the permit requirements. A Public Information Open House (PIOH) will likely be required as a part of the Concept Development. Pond has worked with GDOT on many projects to develop PIOHs that maximize public engagement and meet funding requirements. In fact, Pond is currently participating in GDOT’s pilot program developing the Department’s policies for a Virtual PIOH. With the completion of the stakeholder and public involvement, Pond will develop the requisite GDOT Concept Report including layouts, typical sections, construction, right-of-way and utility estimates, and MS4 documentation. Environmental Approach The proposed project would use federal funds and will be developed to comply with the requirements of the NEPA and the GDOT Environmental Procedures Manual (EPM). Based on our knowledge of the project area and our experience with GDOT Office of Environmental Services (OES) and Federal Highway Administration (FHWA) environmental review team, the appropriate NEPA document for the proposed project is anticipated to be a categorical exclusion (CE). This level of documentation is typical for projects of this type (pedestrian trail) with a low potential for significant environmental impacts. The NEPA Specialist will work closely with environmental Subject Matter Experts (SMEs) and roadway designers to establish an Area of Potential Effect (APE) – the area where there is a potential for impacts to occur. Impacts can be direct and indirect, and the APE can vary depending on the specific resource. The NEPA Specialist and SMEs will utilize background research and conduct field surveys to identify environmental resources in the areas of ecology; history; archaeology; and community resources like parks, schools, cemeteries, and churches. The scope indicates the potential for permitting for this project and it is assumed there is some anticipation that the project might involve impacts to federal and state jurisdictional waters in the project area, including intermittent streams, ephemeral streams, and wetlands. These waters would be subject to the requirements of Section 404 of the Clean Water Act and/or the Georgia Erosion and Sediment Control Act. Other ecology surveys will be conducted to search for federal and/or state protected species. There are several protected plant species identified by either the US Fish and Wildlife Service or Georgia Department of Natural Resources as occurring or potentially occurring within the project area. Surveys for these species will be required. Once the environmental document is approved by FHWA, the NEPA Specialist will stay involved with the design team to make sure that environmental issues are addressed as the project moves forward through preliminary and final design phases. The NEPA Specialist will also help develop a Baseline Schedule for the environmental process to integrate into the overall project schedule. The NEPA Specialist will then work with the consultant Project Manager to effectively manage the environmental schedule by identifying potential schedule issues if they arise and implementing schedule recovery efforts. Public Involvement Pond has led and assisted various local governments through successful public involvement campaigns which meet GDOT requirements. The Pond Team has developed specific public engagement plans for each project and has successfully executed them. In the City of Milton and within the project limits we have been involved in successful public engagement campaigns, such as GDOT’s widening of SR 9 and the City’s intersection improvement of Hopewell Road at Bethany Bend. We understand Milton residents’ desire for preserving the rural character and other local concerns. In our public engagement, we have found that the City residents are very engaged and receptive to online surveys. C. WORK PLAN Pond Proposal | RFP Number 19-PW08 | Engineering and Design Services 7 C. WORK PLAN We have also met one-on-one with stakeholder groups to inform and convey complex project alternatives. Since this project spans commercial and residential areas, the public involvement plan for this project will require various approaches such as online surveys, traditional open house meetings, and stakeholder meetings. Preliminary Phase Upon approval of the concept report, preliminary design typically begins. To make sure we stay on or ahead of schedule, we believe that the design phase can start late in the concept approval phase. We will coordinate with the City and outline the risk/reward factors that help make the decision of how early to start. The Preliminary Design Plans will meet the applicable design criteria including the latest editions of the GDOT Plan Presentation Guide, AASHTO Green Book, GDOT Standard Specifications, Highway Capacity Manual, AASHTO Roadside Design Guide, and the Manual on Uniform Traffic Control Devices (MUTCD). The drafting and design work will be completed using Microstation and InRoads according to GDOT’s Electronic Data Guideline and Electronic Plans Process, all of which Pond is very familiar with using. As design criteria is verified, Pond’s engineers will run calculations and prepare necessary greenway plans, profiles, drainage systems, signing and marking plans, signal plans, utility plans, erosion control plans, and staging plans. After an internal review, the preliminary plans will be submitted to the City of Milton for review and comment. After incorporation of the City’s comments, the Preliminary Plans will be submitted to GDOT Engineering Services for review. GDOT will schedule a Preliminary Field Plan Review (PFPR) where the project team will provide comment and suggestions for improving and clarifying the design. During this process, Pond will utilize GDOT cost indices in order to refine the estimated construction cost to more accurately meet the estimated quantities developed during the preliminary phase. Flexibility will be a key factor when designing this project for the City. In addition to plan development, Pond will undertake utility coordination to minimize delays as the project progresses. Right-of-Way Plan Development With the approval of Preliminary Plans, the project will move into the Right-of-Way (R/W) Plan development stage. The plans will be developed in accordance with GDOT standards and will serve as legal documentation for the acquisition of property and easements for the proposed areas. Pond will develop R/W Plans to minimize impacts to adjacent property. The deliverable for the R/W Plans will be a set of construction documents that specify the proposed required right-of-way and temporary/permanent easements with which the City can approach property owners to secure the land area necessary and rights of entry to construct the proposed project. It is expected that the City will be buying right of way for this corridor. Pond will be available to the acquisition team to address right-of-way issues that arise during the acquisition process. This period of providing quick turnaround right-of-way revisions will continue during the entire acquisition process. Utility Coordination Utility coordination begins immediately after the Notice to Proceed since this can be quite time- consuming. Understanding the utility facilities in the corridors is critical to the selection of the preferred alignment to be suggested in the Concept Report. There are overhead electric and telecommunication lines and various underground utilities that run throughout the project corridor that require coordination and possible adjustment. The Pond Team will coordinate with the utility companies and the appropriate GDOT personnel. Early and often communication with utilities will be key to obtaining certifications for letting. Final Phase After preliminary and R/W Plans are submitted for comment and approval, final plans are prepared. This includes completing designs, addressing comments, finalizing quantities, and preparing the special provisions and bid manual. Utility relocations are finalized, and a detailed final cost estimate is prepared and submitted prior to completion, to ensure the City and GDOT have the latest information available. After the final quality control review, the plans will be submitted to the City for review and comment. Following comment incorporation, the plans will be submitted to GDOT Engineering Services for review. GDOT will schedule a Final Field Plan Review (FFPR) where the project team will provide comment and suggestions for finalizing Pond Proposal | RFP Number 19-PW08 | Engineering and Design Services 8 the design for let to construction. Upon completion of review comments, and after the right-of-way is finalized, Pond will provide signed and sealed plans in anticipation of bidding to contractors. Quality Control Pond has assembled a project team with a common goal to produce a quality product that exceeds the City of Milton’s expectations for accuracy, innovation, and timeliness. To ensure compliance with this goal, our Team Quality Control/Quality Assurance (QC/QA) initiative will follow GDOT’s “Quality Control and Quality Assurance Program,” as well as Pond’s established procedures, to ensure quality throughout the Plan Development Process. The primary responsibility for QC/QA will be assigned to the Project Manager, Bryon Letourneau, PE. He will be assisted by peer review teams and senior professionals who will provide coordination, design, constructability, and technical reviews on a continuous basis; not just when an activity is completed. In addition to the reviewing and checking of documents and plans, our quality program also recognizes the importance of providing continuous training to our managers and technical personnel. The QC/QA plan for this project will emphasize the following: ƒEffective, timely communications with team members, the City of Milton, and all stakeholders ƒContinuous review of project activities to ensure the project’s funding schedule is met or exceeded ƒFocus on completing all work correctly the first time ƒPeer reviews and QC reviews throughout the project development utilizing all the appropriate design guides (AASHTO Green Book, MUTCD, Roadside Design Guide, PDP, TOPPS, etc.) ƒDocumentation and records maintenance of all project activities ƒUtilization of all available checklists and adherence of all guidelines ƒFocus on preventing, detecting, and correcting errors as early as possible ƒContinued Training – In-house training, as well as seminars and technical sessions The QC/QA program will be led by Kevin Skinner, PE, who has more than 20 years of experience. He has been responsible for overseeing numerous projects that have been designed, let, constructed, and opened for the public across the state of Georgia. Purposely, Kevin will not be included in the day-to- day processes associated with the project. By not being involved, he will be able to provide a more objective review of the finished products. C. WORK PLAN & D. PROJECT SCHEDULE Project Schedule 2019 2020 2021 2022 Concept Development Environmental documentation Database Preparation Preliminary Design Final Design/Right-of-way Acquisition Construction Pond Proposal | RFP Number 19-PW08 | Engineering and Design Services 9 The project will provide a new location roadway in the heart of downtown Crabapple. The new roadway will serve as a bypass for the busy crossroads intersection of Birmingham Hwy/Crabapple Road/ Broadwell Road/Mayfield Road and provide much- needed congestion relief. This quarter-mile roadway will connect the recently completed GDOT roundabout at SR 372/ Birmingham Hwy and McFarlin Lane with the intersection of Mayfield Road and Charlotte Drive. The existing signalized intersection of Mayfield Road and Charlotte Drive will be reconstructed to accommodate a single-lane roundabout. Pond developed the concept and presented to the public, Mayor, and City Council. The design required extensive coordination with local stakeholders and private developers due to the planned transformation of the downtown. The design includes landscape and lighting design to ensure the project complements the ongoing and planned improvements in the area. Involvement of Key Personnel Bryon Letourneau, Arwin Lopez, Andrew Antweiler Reference Sara Leaders 678.242.2559 sara.leaders@cityofmiltonga.us Pond is designing this multi-use path along Indian Trail – Lilburn Road. The project installs bicycle and pedestrian accommodations along the east side of Indian Trail – Lilburn Road in the form of a shared- use path with a single pedestrian bridge that will be required in order to cross Beaver Ruin Creek. This project, along with two future phases, will provide key linkage to trails in the City of Norcross and the City of Lilburn. The key challenge of the project is the large number of utilities present within the limited existing right-of- way along Indian Trail – Lilburn Road. The layout of the trail was adjusted to minimize impacts to existing utilities and small retaining walls were designed to stay within the existing right-of-way. The project is unique in that the environmental documents will be prepared for all three segments (even the two currently unfunded segments). This is being done to ensure that the segment being designed can be environmentally permitted through FHWA and USACE without concern that the project has been segmented to avoid permit requirements. Ultimately, this two-mile multi-use path will enhance bicycle and sidewalk level of service and mitigate accident frequency involving pedestrians. Involvement of Key Personnel Bryon Letourneau, Arwin Lopez, Lane Gortemoller Reference Edgardo Aponte 770.822.7433 edgardo.aponte@gwinnettcounty.com This project involved GDOT/federal funding. Charlotte Drive Extension Milton, GA Norcross to Lilburn Multi-Use Path Gwinnett County, GA E. RELATED PROJECTS AND REFERENCES Pond Proposal | RFP Number 19-PW08 | Engineering and Design Services 10 As new street grids with mixed-used office, apartments, retail, and townhomes begin to replace former low-density single-family residential, the City has recognized the opportunity to build better pedestrian and bicycle facilities. The City engaged Pond to develop the idea for the AlphaLoop into a vision plan for the network of trails, greenways, and linear parks in the burgeoning urban center. Since then, Pond has developed the design and engineering plans for the first 16-acre phase of the linear park and trail in the heart of the City. This new level of connectivity will transform how people move throughout the City of Alpharetta. Involvement of Key Personnel Arwin Lopez, Andrew Kohr, Andrew Antweiler Reference Geoffrey Sarra 678.297.6200 gsarra@alpharetta.ga.us Pond is currently designing an extension to the Western Gwinnett Bikeway that will run from Rogers Bridge Road to McGinnis Ferry Road. This link will close a gap in the much larger Gwinnett County bikeway and trail system and connect at least five large county and city parks and the City of Duluth to the City of Suwanee. When complete, the entire bikeway will connect at least seven cities in total in both Fulton and Gwinnett counties. The proposed extension will run parallel to Peachtree Industrial Boulevard for a total of 4 miles. Additionally, a spur trail, consisting of a mix of asphalt trail and boardwalk, will run along Suwanee Creek for 1.5 miles before connecting into the existing trail system in Suwanee Creek Park. As part of this design, a closed drainage system will be installed along Peachtree Industrial Boulevard, several signals will upgraded to include pedestrian facilities, and a pedestrian bridge will be installed to cross Suwanee Creek. The design of this project is funded by a mix of local funds and Transportation Alternative Program (TAP) funds. In order to keep all construction funding options open, this project is being reviewed by both Gwinnett County and Georgia DOT. Involvement of Key Personnel Bryon Letourneau, Arwin Lopez, Lane Gortemoller Reference Edgardo Aponte 770.822.7433 edgardo.aponte@gwinnettcounty.com This project involved GDOT/federal funding. AlphaLoop Alpharetta, GA Western Gwinnett Bikeway Gwinnett County, GA E. RELATED PROJECTS AND REFERENCES Western Gwinnett Bikeway ExtensionGwinnett County, GA Bikeway Typical Section Tunnel/Underpass Boardwalk Typical Section Bridge/Overpass Appendix APPENDIX No Text No Text No Text No Text 3500 Parkway Lane, Suite 500 Peachtree Corners, GA 30092 678.336.7740 | Pondco.com © 2019 Pond & Company PERSONNEL RATE/HR. PRINCIPAL IN CHARGE $280 PROJECT MANAGER $224 QUALITY CONTROL $241 SENIOR ENGINEER (AL) $171 SENIOR ENGINEER (LG) $153 SENIOR ENGINEER (ZP) $146 ENGINEER (JM) $108 ENGINEER (DV) $107 TECHNICIAN (KA) $99 TECHNICIAN (SD) $93 TECHNICIAN (HP) $87 LEAD LANDSCAPE ARCHITECT $158 LANDSCAPE ARCHITECT $92 PUBLIC INVOLVEMENT (EL) $204 PUBLIC INVOLVEMENT (LB) $95 LEAD STRUCTURAL ENGINEER $204 STRUCTURAL ENGINEER $209 ADMINISTRATIVE SUPPORT $60 Exhibit B Hourly Rates EXHIBIT “C” See Exhibit “A” Section 3 Scope of Project and RFP Addendum 1. EXHIBIT “D” STATE OF ____________ COUNTY OF ___________ CONTRACTOR AFFIDAVIT AND AGREEMENT By executing this affidavit, the undersigned contractor verifies its compliance with O.C.G.A. § 13-10-91, stating affirmatively that the individual, firm, or corporation which is engaged in the physical performance of services on behalf of the City of Milton, Georgia has registered with, is authorized to use and uses the federal work authorization program commonly known as E-Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91. Furthermore, the undersigned contractor will continue to use the federal work authorization program throughout the contract period and the undersigned contractor will contract for the physical performance of services in satisfaction of such contract only with subcontractors who present an affidavit to the contractor with the information required by O.C.G.A. § 13-10-91(b). Contractor hereby attests that its federal work authorization user identification number and date of authorization are as follows: _________________________________ Federal Work Authorization User Identification Number _________________________________ Date of Authorization Pond & Company, Inc. Name of Contractor Engineering and Design Services - Milton Greenway Connection PI 0015078 and Morris Road Capacity Improvements Name of Project City of Milton, Georgia Name of Public Employer I hereby declare under penalty of perjury that the foregoing is true and correct. Executed on _________, 20___ in _____________________ (city), ______ (state). _________________________________ Signature of Authorized Officer or Agent _______________________________ Printed Name and Title of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE ______ DAY OF ______________, 20___. _________________________________ NOTARY PUBLIC [NOTARY SEAL] My Commission Expires: _______________________________ EXHIBIT “E” STATE OF _____________ COUNTY OF ___________ SUBCONTRACTOR AFFIDAVIT By executing this affidavit, the undersigned subcontractor verifies its compliance with O.C.G.A. § 13-10- 91, stating affirmatively that the individual, firm or corporation which is engaged in the physical performance of services under a contract with Pond & Company, Inc. (name of contractor) on behalf of the City of Milton, Georgia has registered with, is authorized to use and uses the federal work authorization program commonly known as E-Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91. Furthermore, the undersigned subcontractor will continue to use the federal work authorization program throughout the contract period, and the undersigned subcontractor will contract for the physical performance of services in satisfaction of such contract only with sub-subcontractors who present an affidavit to the subcontractor with the information required by O.C.G.A. § 13-10-91(b). Additionally, the undersigned subcontractor will forward notice of the receipt of an affidavit from a sub-subcontractor to the contractor within five (5) business days of receipt. If the undersigned subcontractor receives notice that a sub-subcontractor has received an affidavit from any other contracted sub-subcontractor, the undersigned subcontractor must forward, within five (5) business days of receipt, a copy of the notice to the contractor. Subcontractor hereby attests that its federal work authorization user identification number and date of authorization are as follows: _________________________________ Federal Work Authorization User Identification Number _________________________________ Date of Authorization _________________________________ Name of Contractor Engineering and Design Services - Milton Greenway Connection PI 0015078 and Morris Road Capacity Improvements Name of Project City of Milton, Georgia Name of Public Employer I hereby declare under penalty of perjury that the foregoing is true and correct. Executed on _________, 20___ in _____________________ (city), ______ (state). _________________________________ Signature of Authorized Officer or Agent _______________________________ Printed Name and Title of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE ______ DAY OF ______________, 20___. _________________________________ NOTARY PUBLIC [NOTARY SEAL] My Commission Expires: ________________________________ EXHIBIT “F” TASK ORDER TO THIS TASK ORDER between the parties is entered into pursuant to the Professional Services Agreement (RFP #19-PW08), incorporated herein by reference, and shall serve as authorization by City of Milton to Pond & Company, Inc. (referred to herein alternately as “Consultant” and “Pond”) to perform the services described herein pursuant to the terms and conditions, mutual covenants and promises provided herein and in the Professional Services Agreement. NOW, THEREFORE, for and in consideration of the mutual promises, the public purposes, and the acknowledgements and agreements contained herein, and other good and adequate consideration, the sufficiency of which is hereby acknowledged, the Parties do mutually agree as follows: Description of Services: Timing: Compensation: Attachments: CITY OF MILTON: CONSULTANT: By: __________________________ By: ________________________________ Title:_________________________ Title:_______________________________ Name:________________________ Name:______________________________ Date: ________________________ Date: ______________________________ Approved by City Council Approved as to form: _____________________________ _____________________________ Mayor City Attorney _____________________________ Date “EXHIBIT G” NONCOLLUSION AFFIDAVIT OF PRIME BIDDER STATE OF _________________ COUNTY OF _______________ ________________________________________, being first duly sworn, deposes and says that: (1) He is ___________________________(Owner, Partner, Officer, Representative, or Agent) of _________________________ (the “Bidder”) that has submitted the attached bid or proposal (the “bid:); (2) He is fully informed respecting the preparation and contents of the attached bid and of all pertinent circumstances respecting such bid; (3) Such bid is genuine and is not a collusive of sham bid; (4) Neither the said Bidder nor any of its officers, partners, owners, agents, representatives, employees, or parties in interest, included in this affidavit, has in any way colluded, conspired, connived, or agreed, directly or indirectly, with any other bidder, firm or person to submit a collusive or sham bid in connection with the Contract for which the attached bid has been submitted or to refrain from bidding in connection with such Contract, or has in any manner, directly or indirectly, sought by agreement or collusion or communication or conference with any other bidder, firm or person to fix the price or prices in the attached bid or of any other bidder, or to fix any overhead, profit or cost element of the bid price of any other bidder or to secure through any collusion, conspiracy, connivance, or unlawful agreement any advantage against the City of Milton or any person interested in the proposed Contract; and, (5) The price or prices quoted in the attached bid are fair and proper and are not tainted by any collusion, conspiracy, connivance, or unlawful agreement on the part of the Bidder or any of its agents, representatives, owners, employees, or parties in interest, including this Affiant. (6) Bidder has not directly or indirectly violated any law, ordinance or regulation related to the bid. _______________________________________ Signature of Authorized Officer or Agent _______________________________________ Printed Name and Title of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE _______ DAY OF _________, 20___. _____________________________ Notary Public [NOTARY SEAL] My Commission Expires: ________________________ 29 “EXHIBIT H.1” Federal Requirements Consultant acknowledges that the Work will be funded in part by federal grant funding via GDOT as the pass-through funding entity. To achieve compliance with state and federal requirements, Consultant agrees to the following supplemental terms and conditions: 1. Compliance with Project Framework Agreement. Consultant shall perform all work in compliance with the Project Framework Agreement between the City and GDOT, the form of which is attached to this Agreement as Exhibit “H.2”. By way of example and without limitation: a. Consultant shall perform the Work in accordance and pursuant to the applicable guidelines of the American Association of State Highway and Transportation Officials, GDOT’s Standard Specifications Construction of Transportation Systems, and all applicable design guidelines and policies of GDOT. b. Consultant or subconsultants (as applicable) shall be prequalified with GDOT in the appropriate area classes. c. Consultant and its subcontractors shall comply with all applicable requirements of the American with Disabilities Act of 1990 (ADA), 42 U.S.C. 12101, et seq. and 49 U.S.C. 322; Section 504 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. 791; and regulations and amendments thereto. d. Consultant and its subcontractors shall never discriminate on the basis of age, race, color, sex, national origin, religion or disability and Consultant and its subcontractors shall comply, at a minimum, with the following Georgia laws: the Georgia Age Discrimination Act (O.C.G.A. § 34-1-2 et seq.); the Georgia Equal Employment for Persons with Disabilities Code (O.C.G.A. 34-6A-1 et seq.); and the Sex Discrimination in Employment (O.C.G.A. 34-5-1 et seq.). The Consultant and its subcontractors shall comply with any and all state and federal laws not specifically stated herein addressing discrimination to the extent that such is applicable. e. Consultant hereby agrees to the applicable terms and conditions of FHWA Form 1273, attached to this Agreement as Exhibit “H.3”. 2. Access to Records. a. Access. Consultant shall provide access to GDOT, FHWA, the U.S. Department of Transportation's Inspector General, the Comptroller General of the United States, or any of their duly authorized representatives to any books, documents, papers, and records of the Consultant which are directly pertinent to the Agreement for the purpose of making audit, examination, excerpts, and transcriptions. b. Retention. Consultant shall retain all required records for not less than 3 years after final payment and all other pending matters are closed. 3. Cost Accounting. Consultant shall be responsible for accounting for costs appropriately and for maintaining records, including supporting documentation, adequate to demonstrate that all costs claimed have been incurred, are allocable to the contract, and comply with federal cost principles. If the Consultant charges unallowable costs, the City may pursue all available administrative, contractual, or legal remedies and impose such sanctions and 30 penalties as may be appropriate. 4. DBE Compliance. a. If Consultant subcontracts any portion of the Work, it must take the following affirmative steps to encourage participation by minority businesses, women's business enterprises, and labor surplus area firms: (1) Placing qualified small and minority businesses and women's business enterprises on solicitation lists; (2) Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources; (3) Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises; (4) Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women's business enterprises; and (5) Using the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce. b. Contract Assurance: The Consultant shall not discriminate on the basis of race, color, national origin, or sex in the performance of this Agreement. The Consultant shall carry out applicable requirements of 49 CFR part 26 in the award and administration of Department of Transportation-assisted contracts. Failure by the Consultant to carry out these requirements is a material breach of this Agreement, which may result in the termination of this Agreement or such other remedy as the City deems appropriate, which may include, but is not limited to: (1) Withholding monthly progress payments; (2) Assessing sanctions; (3) Liquidated damages; and/or (4) Disqualifying the Consultant from future bidding as non-responsible. Each subcontract Consultant signs with a subcontractor must include the assurance in this paragraph. c. Prompt Payment: The Consultant agrees to pay each subcontractor (if any) under this Agreement for satisfactory performance of its contract no later than 30 days from the receipt of each payment the Consultant receives from the City. The Consultant agrees further to return retainage payments (if any) to each subcontractor within 30 days after the subcontractor’s work is satisfactorily completed. Any delay or postponement of payment from the above referenced time frame may occur only for good cause following written approval of the City. This clause applies to both DBE and non-DBE subcontractors. 5. Compliance with Title VI of the Civil Rights Act of 1964. During the performance of this Agreement, the Consultant, for itself, its assignees, and successors in interest (hereinafter all referred to as the "Consultant"), agrees as follows: a. Compliance with Regulations. The Consultant shall comply with the Regulations relative to nondiscrimination in federally-assisted programs of the Department of Transportation (hereinafter referred to as DOT), Title 49, Code of Federal 31 Regulations, part 21, as they may be amended from time to time, (hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this contract. b. Nondiscrimination. The Consultant, 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 subcontractors, including procurement of materials and leases of equipment. The Consultant shall not participate either directly or indirectly in discrimination prohibited by Section 21.5 of the Regulations, including employment practices when the contract covers a program set forth in Appendix B of the Regulations. c. Solicitations for Subcontracts, Including Procurement of Materials and Equipment. In all solicitations either by competitive bidding or negotiations made by the Consultant 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 Consultant of the Consultant's obligations under this contract and the Regulations relative to nondiscrimination on the ground of race, color, sex, or national origin. d. Information and Reports. The Consultant shall provide all information and reports required by the Regulations or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information and its facilities as may be determined by the State Department of Transportation or the Federal Highway Administration to be pertinent to ascertain compliance with such Regulations, orders, and instructions. Where any information required of a sponsor is in the exclusive possession of another who fails or refuses to furnish this information, the Consultant shall so certify to the State Department of Transportation, or the Federal Highway Administration as appropriate, and shall set forth what efforts it has made to obtain the information. e. Sanctions for Noncompliance. In the event of the Consultant's noncompliance with the nondiscrimination provisions of this contract, the State Department of Transportation shall impose such contract sanctions as it or the Federal Highway Administration may determine to be appropriate, including, but not limited to: i. Withholding of payments to the Consultant under the contract until the Consultant complies; and/or ii. Cancellation, termination, or suspension of the contact, in whole or in part. f. Incorporation of Provisions. The Consultant shall include the provisions of paragraphs (a) through (f) in every subcontract, including procurement of materials and leases of equipment, unless exempt by the Regulations, or directives issued pursuant thereto. 6. Title VI List of Pertinent Nondiscrimination Acts and Authorities. During the performance of this Agreement, the Consultant, for itself, its assignees, and successors in interest (hereinafter referred to as the "Consultant") agrees to comply with the following non-discrimination statutes and authorities; including but not limited to: Pertinent Non-Discrimination Authorities: • Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part 21. 32 • The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects); • Federal-Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), (prohibits discrimination on the basis of sex); • Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 CFR Part 27; • The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), (prohibits discrimination on the basis of age); • Airport and Airway Improvement Act of 1982, ( 49 USC § 4 71, Section 4 7123 ), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex); • The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or activities" to include all of the programs or activities of the Federal- aid recipients, sub-recipients and contractors, whether such programs or activities are Federally funded or not); • Titles II and III of the Americans with Disabilities Act, which prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131- 12189) as implemented by Department of Transportation regulations at 49 C.P.R. parts 37 and 38; • The Federal Aviation Administration's Non-discrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex); • Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations, which ensures discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations; • Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100); • Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U .S.C. 1681 et seq). 7. Environmental Compliance. Consultant agrees to comply with all applicable standards, orders, and regulations issued pursuant to the Clean Air Act (42 USC § 740-7671q) and the Federal Water Pollution Control Act as amended (33 USC § 1251-1387). The Consultant agrees to report any violation to the City immediately upon discovery. 8. Lobbying Certifications. By entering into the Agreement, the Consultant certifies, to the best of his/her/its knowledge and belief, that: a. No Federal appropriated funds have been paid or will be paid, by or on behalf of the Consultant, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or 33 an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. b. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the Consultant shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions. c. The Consultant shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. d. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. 9. Energy Conservation. Consultant agree to comply with mandatory standards and policies relating to energy efficiency as contained in the state energy conservation plan (if any) issued in compliance with the Energy Policy and Conservation Act (42 USC 6201et seq). Consultant shall require any subcontractors to comply with these standards and policies. 10. Debarment and Suspension. The Consultant agrees to comply, and assures the compliance of each subcontractor, lessee, third party contractor, or other participant at any tier, with Executive Orders Nos. 12549 and 12689, “Debarment and Suspension,” 31 U.S.C. § 6101 note, and U.S. DOT regulations, “Nonprocurement Suspension and Debarment,” 2 C.F.R. Part 1200, which adopts and supplements the provisions of U.S. Office of Management and Budget (U.S. OMB) “Guidelines to Agencies on Governmentwide Debarment and Suspension (Nonprocurement),” 2 C.F.R. Part 180. The Consultant agrees to, and assures that its subcontractors, lessees, third party contractors, and other participants at any tier will, review the “Excluded Parties Listing System” at http://www.sam.gov/portal/public/SAM/ before entering into any subagreement, lease, third party contract, or other arrangement in connection with this Agreement. 11. FLSA Compliance. This Agreement incorporates by reference the provisions of 29 CFR part 201, the Federal Fair Labor Standards Act (FLSA), with the same force and effect as if given in full text. The FLSA sets minimum wage, overtime pay, recordkeeping, and child labor standards for full and part-time workers. The Consultant has full responsibility to monitor compliance to the referenced statute or regulation. The Consultant must address any claims or disputes that arise from this requirement directly with the U.S. Department of Labor – Wage and Hour Division. 34 12. OSHA Compliance. This Agreement incorporates, and all subcontracts of Consultant must incorporate, by reference the requirements of 29 CFR Part 1910 with the same force and effect as if given in full text. The Consultant must provide a work environment that is free from recognized hazards that may cause death or serious physical harm to the employee. The Consultant retains full responsibility to monitor its compliance and their subcontractor’s compliance with the applicable requirements of the Occupational Safety and Health Act of 1970 (20 CFR Part 1910). The Consultant must address any claims or disputes that pertain to a referenced requirement directly with the U.S. Department of Labor – Occupational Safety and Health Administration. 13. Certification Regarding Tax Delinquency and Felony Convictions. By entering into this Agreement, the Consultant certifies the accuracy of the following two statements: (1) The Consultant represents that it is not a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability. (2) The Consultant represents that it is not a corporation that was convicted of a criminal violation under any Federal law within the preceding 24 months. 14. Fly America. To the extent, if any, that the Agreement requires international air transportation of any individuals involved in or property acquired for the project, Consultant agrees that all such air transportation shall be provided by U.S.-flag air carriers to the extent such service is available, in compliance with section 5 of the International Air Transportation Fair Competitive Practices Act of 1974, as amended, 49 U.S.C. § 40118, and U.S. GSA regulations, “Use of United States Flag Air Carriers,” 41 C.F.R. §§ 301- 10.131 through 301-10.143. 15. Texting When Driving. In accordance with Executive Order 13513, “Federal Leadership on Reducing Text Messaging While Driving”, (10/1/2009) and DOT Order 3902.10, “Text Messaging While Driving”, (12/30/2009), the Federal Department of Transportation encourages recipients of Federal grant funds to adopt and enforce safety policies that decrease crashes by distracted drivers, including policies to ban text messaging while driving when performing work related to a grant or subgrant. In support of this initiative, the City encourages the Consultant to promote policies and initiatives for its employees and other work personnel that decrease crashes by distracted drivers, including policies that ban text messaging while driving motor vehicles while performing work activities associated with the project. The Consultant must include the substance of this clause in all sub-tier contracts exceeding $3,500 that involve driving a motor vehicle in performance of work activities associated with the project. 16. Procurement of Recovered Materials. To the extent applicable, the Consultant agrees to comply with the U.S. Environmental Protection Agency (U.S. EPA), “Comprehensive Procurement Guideline for Products Containing Recovered Materials,” 40 C.F.R. Part 247, which implements section 6002 of the Resource Conservation and Recovery Act, as amended, 42 U.S.C. § 6962. Accordingly, the Consultant agrees to provide a competitive preference for products and services that conserve natural resources, protect the environment, and are energy efficient, except to the extent that the Federal Government 35 determines otherwise in writing. 36 “EXHIBIT H.2” 0015078 City of Milton PROJECT FRAMEWORK AGREEMENT BY AND BETWEEN GEORGIA DEPARTMENT OF TRANSPORTATION AND CITY OF MILTON FOR TRANSPORTATION FACILITY IMPROVEMENTS Please indicate which Catalog of Domestic Federal Assistance Number (CFDA)applies to this agreement (Check onlyone): …CFDA # 20.205 - Highway Planning and ConstructionCluster …CFDA # 20.219 - Recreational Trails Program This Project Framework Agreement for Transportation Facility Improvements is made and entered into this day of , 20_ _, by and between the GEORGIA DEPARTMENT OF TRANSPORTATION, an agency of the State of Georgia, hereinafter called the "DEPARTMENT", and the CITY OF MILTON, acting by and through its Mayor and City Council or Board of Commissioners, hereinafter called the "LOCALGOVERNMENT". WHEREAS, the LOCAL GOVERNMENT has represented to the DEPARTMENT a desire to improve the transportation facility described in Exhibit “A”, attached and incorporated herein by reference, identified as 0015078 and hereinafter referred to as the "PROJECT";and WHEREAS, the LOCAL GOVERNMENT has represented to the DEPARTMENT a desire to participate in certain activities, as applicable, including the funding of certain portions of the PROJECT and the DEPARTMENT has relied upon suchrepresentations; and WHEREAS, the DEPARTMENT has expressed a willingness to participate in certain activities of the PROJECT as set forth in this Agreement;and WHEREAS, the Constitution authorizes intergovernmental agreements whereby state and local entities may contract with one another “for jointservices,fortheprovision of services, or for the joint or separate use of facilities or equipment; but such contracts must deal with activities, services or facilities which the contracting parties are authorized by law to undertake or provide.” Ga. Constitution Article IX, §III,¶I(a). NOW THEREFORE, in consideration of the mutual promises made and of the benefits to flow from one to the other, the DEPARTMENT and the LOCAL GOVERNMENT hereby agree each with the other asfollows: 1. The LOCAL GOVERNMENT has applied for and received “Qualification Certification” to administer federal-aid projects. The GDOT Local Administered Project (LAP) Certification Committee has reviewed, confirmed and approved the LAP certification for the LOCAL GOVERNMENT to develop federal project(s) within the scope of its certification and pursuant to and in accordance with the DEPARTMENT’S current versions of Local Administered Project Manual, the DEPARTMENT’s Plan Development Process (hereinafter referred to as “PDP”), Electronic Data Guidelines, Plan Presentation Guide, and any other applicable DEPARTMENT 9 0015078 City of Milton guidance (except in those instances where the DEPARTMENT has by written correspondence waived the requirement to follow specific guidance). 2. The DEPARTMENT shall participate in the PROJECT by funding all or certain portions of the PROJECT costs for the preconstruction engineering (design) activities, herein referred to as “PE”, as specified in Exhibit “A”. The LOCAL GOVERNMENT shall contribute to the PROJECT by funding those project costs as set out in Exhibit “A”. 3. The funding portion as identified in Attachment “A” of this Agreement only applies to the PE. Further, the LOCAL GOVERNMENT shall be responsible for repayment of any expended federal funds if the PROJECT does not proceed forward to completion due to a lack of available funding in future PROJECT phases, changes in local priorities, or cancellation of the PROJECT by the LOCAL GOVERNMENT without concurrence by the Federal Highway Administration (FHWA). 4. RESERVED. -or- The DEPARTMENT entered into a Memorandum of Agreement with the LOCAL GOVERNMENT to establish oversight funding, attached hereto and incorporated by reference as Exhibit “C”. The LOCAL GOVERNMENT will be responsible for providing payment, which represents 100% of the DEPARTMENT’s PE Oversight funds as estimated in Exhibit “C” at the time of execution of this Agreement. If at any time the PE Oversight funds are depleted within $5,000 of the remaining PE Oversight balance and project activities and tasks are still outstanding, the LOCAL GOVERNMENT shall, upon request, make additional payment to the DEPARTMENT. The payment shall be determined by prorating the percentage complete and using the same estimate methodology as provided in Exhibit “C”. If there is an unused balance after completion of all tasks and phases of the PROJECT, then pending a final audit, the remainder will be refunded to the LOCAL GOVERNMENT. All other terms and conditions of Exhibit “C” are incorporated herein. 5. The LOCAL GOVERNMENT shall accomplish the PE activities for the PROJECT. The PE activities shall be accomplished in accordance and pursuant to with the LAP certification as outlined above in Paragraph 1, the PDP, the applicable guidelines of the American Association of State Highway and Transportation Officials, hereinafter referred to as “AASHTO”, the DEPARTMENT's Standard Specifications Construction of Transportation Systems, and all applicable design guidelines and policies of the DEPARTMENT, in order to, among other goals, produce a cost effective PROJECT. Failure to follow the PDP and all applicable guidelines and policies will jeopardize the use of federal funds in some or all categories outlined in this Agreement, and it shall be the responsibility of the LOCAL GOVERNMENT to make up the loss of that funding. 6. The primary consultant firm or subconsultants hired by the LOCAL GOVERNMENT to provide services on the PROJECT shall be prequalified with the DEPARTMENT in the appropriate area- classes. The DEPARTMENT shall, on request, furnish the LOCAL GOVERNMENT with a list of prequalified consultant firms in the appropriate area-classes. If there is federal aid highway 0015078 City of Milton program funding participation, the LOCAL GOVERNMENT shall comply with all applicable state and federal regulations for the procurement of engineering and design related services including but not limited to 23 C.F.R. Part 172, or the Brooks Architect- Engineers Act of 1972, for any consultant hired to perform work on the PROJECT. If there are no federal aid highway program funding in the engineering and design related services contract, the contracting agency may procure the services in accordance with its own established policies and procedures which reflect applicable State and local laws. However, in such an event, the costs of consultant service contracts that utilize only State or local funding which were not procured, negotiated, or administered in accordance with applicable Federal laws and regulations would not be eligible to apply toward the non-Federal share of costs for subsequent phases (e.g., construction) of a project funded by the federal aid highway program. 7. The DEPARTMENT will be responsible for all railroad coordination on DEPARTMENT Let and/or State Route (On-System) projects; the LOCAL GOVERNMENT shall address concerns, comments, and requirements to the satisfaction of the Railroad and the DEPARTMENT. If the LOCAL GOVERNMENT is shown to let the construction in Exhibit “A” on off- system routes, the LOCAL GOVERNMENT shall be responsible for all railroad coordination and addressing concerns, comments, and requirements to the satisfaction of the Railroad and the DEPARTMENT for PROJECT. 8. The DEPARTMENT reserves the right to review and reserves approval authority for all aspects of the PROJECT provided, however, this review and approval does not relieve the LOCAL GOVERNMENT of its responsibilities under the terms of this Agreement. 9. RESERVED. -or- The LOCAL GOVERNMENT as specified in the Local Let Approval Form, attached and incorporated herein by reference as Exhibit “B”, shall be responsible for letting the PROJECT to construction, solely responsible for executing any agreements with all applicable utility/railroad companies and securing and awarding the construction contract for the PROJECT. The LOCAL GOVERNMENT shall provide the DEPARTMENT with a copy of all contracts and agreements between the LOCAL GOVERNMENT and any other agency or contractor associated with construction activities. The DEPARTMENT’s Project Manager who will be identified by the DEPARTMENT at a later date shall be the primary point of contact unless otherwise specified. 10. The LOCAL GOVERNMENT agrees that all reports, plans, drawings, studies, specifications, estimates, maps, computations, computer files and printouts, and any other data prepared under the terms of this Agreement shall become the property of the DEPARTMENT if the PROJECT is being let by the DEPARTMENT. This data shall be organized, indexed, bound, and delivered to the DEPARTMENT no later than the advertisement of the PROJECT for letting. The DEPARTMENT shall have the right to use this material without restriction or limitation and without compensation to the LOCAL GOVERNMENT. 0015078 City of Milton 11. The LOCAL GOVERNMENT shall be responsible for the professional quality, technical accuracy, and the coordination of all reports, designs, drawings, specifications, and other services furnished by or on behalf of the LOCAL GOVERNMENT pursuant to this Agreement. The LOCAL GOVERNMENT shall correct or revise, or cause to be corrected or revised, any errors or deficiencies in the reports, designs, drawings, specifications, and other services furnished for this PROJECT. Failure by the LOCAL GOVERNMENT to address the errors, omissions or deficiencies within 30 days of notification shall cause the LOCAL GOVERNMENT to assume all responsibility for construction delays and supplemental agreements caused by the errors and deficiencies. All revisions shall be coordinated with the DEPARTMENT prior to issuance. The LOCAL GOVERNMENT shall also be responsible for any claim, damage, loss or expense, to the extent allowed by law that is attributable to errors, omissions, or negligent acts related to the designs, drawings, specifications, and other services furnished by or on behalf of the LOCAL GOVERNMENT pursuant to this Agreement. 12. The Parties acknowledge that the following Exhibits and Attachments to this Agreement are hereby incorporated into and made a part of this Agreement as though expressly written herein: EXHIBIT A – TIP/STIP Insert EXHIBIT B – Local Let Approval Form EXHIBIT C - Memorandum of Agreement by and Between Georgia Department of Transportation And Local Government For Preliminary Engineering APPENDIX A – Georgia Security and Immigration Compliance Act Affidavit APPENDIX B – Federal Award Identification Worksheet APPENDIX C – Certification of Local Government Drug Free Workplace APPENDIX D – Certification of Compliances APPENDIX E – Title VI Certification and Acknowledgement Form APPENDIX F – Request for Qualifications (RFQ) and prequalified consultant award selection package, if applicable 9. COMPLIANCE WITH APPLICABLE LAWS a. The undersigned, on behalf of the LOCAL GOVERNMENT, certifies that the provisions of Section 45-10-20 through 45-10-28 of the Official Code of Georgia Annotated relating to Conflict of Interest and State employees and officials trading with the State have been complied with in full. b. The provisions of Section 50-24-1 through 50-24-6 of the Official Code of Georgia Annotated relating to the "Drug-Free Workplace Act" have been complied with in full, as stated in Appendix A of this Agreement. c. The LOCAL GOVERNMENT has read and understands the regulations for STATE AUDIT REQUIREMENT as stated in Appendix D of this Agreement and will comply in full with said provisions of O.C.G.A. § 36-81-7. d. By execution of this Agreement, I, on behalf of the LOCAL GOVERNMENT, certify under penalty of law that the LOCAL GOVERNMENT is in compliance with 0015078 City of Milton the service delivery strategy law (O.C.G.A. Sec. 36-701 et seq.) and is not debarred from receiving financial assistance from the State of Georgia. e. The LOCAL GOVERNMENT hereby agrees that it shall comply, and shall require its subcontractors to comply, with all applicable requirements of the American with Disabilities Act of 1990 (ADA), 42 U.S.C. 12101, et seq. and 49 U.S.C. 322; Section 504 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. 791; and regulations and amendments thereto. f. Pursuant to O.C.G.A. § 13-10-91, the LOCAL GOVERNMENT and all contractors and subcontractors performing work under this Agreement are, and shall be at all times, in compliance with the Federal Work Authorization Program. Prime contractors and subcontractors may participate in any of the electronic verification work authorization programs operated by the United States Department of Homeland Security or any equivalent federal work authorization program operated by the United State Homeland Security to verify information of newly hired employees, pursuant to the Immigration Reform and Control Act of 1986 (“IRCA”), Appendix A. g. The LOCAL GOVERNMENT hereby agrees that neither it nor its subcontractors shall discriminate on the basis of age, race, color, sex, national origin, religion or disability and that it and its subcontractors shall comply, at a minimum, with the following Georgia laws: the Georgia Age Discrimination Act (O.C.G.A. § 34-1-2 et seq.); the Georgia Equal Employment for Persons with Disabilities Code (O.C.G.A. 34-6A-1 et seq.); and the Sex Discrimination in Employment (O.C.G.A. 34-5-1 et seq.). The LOCAL GOVERNMENT further agrees that it and its subcontractors will comply with any and all state and federal laws not specifically stated herein addressing discrimination to the extent that such is applicable. h. LOCAL GOVERNMENT acknowledges and agrees that failure to complete appropriate certifications or the submission of a false certification shall result in the termination of this Agreement. 10. This Agreement is made and entered into in FULTON COUNTY, GEORGIA, and shall be governed and construed under the laws of the State of Georgia. 11. The covenants herein contained shall, except as otherwise provided, accrue to the benefit of and be binding upon the successors and assigns of the parties hereto. 12. If any provision of this amendment is determined to be invalid or unenforceable, the remaining provisions shall remain in force and unaffected to the fullest extent permitted by law and regulation. 13. Nothing contained herein shall be construed as conferring upon or giving to any person, other than the parties hereto, any rights or benefits under or by reason of this Agreement. 14. This Agreement supersedes all prior negotiations, discussion, statements and agreements between the parties and constitutes the full, complete and entire agreement between the Parties with respect hereto; no member, officer, employee or agent of either party has authority to make, or has made, any statement, agreement, representation or 0015078 City of Milton contemporaneous agreement, oral or written, in connection herewith, amending, supplementing, modifying, adding to, deleting from, or changing the terms and conditions of this Agreement. No modification of or amendment to this Agreement will be binding on either Party hereto unless such modification or amendment will be properly authorized, in writing, properly signed by both Parties and incorporated in and by reference made a part hereof. {SIGNATURES ON NEXT PAGE} 0015078 City of Milton IN WITNESS WHEREOF, the DEPARTMENT and the LOCAL GOVERNMENT have caused these presents to be executed under seal by their duly authorized representatives. GEORGIA DEPARTMENT OF TRANSPORTATION BY: Commissioner ATTEST: BY: Name Title Signed, sealed and delivered this day of , 20__, in the presence of: Treasurer _ Witness Notary Public This Agreement approved by Local Government, the day of , 20__. Attest Name and Title FEIN: 0015078 City of Milton No Text 9 EXHIBIT B Local Let Approval Form (LLAF) Office of Program Control P.I. #: Date: Project Description: County: District: Request Prepared by: Requestor Office: Local Government: Is the Local Government LAP Certified? Reason the Local Government desires a Local Letting: (Describe the factors that make a Local Letting desirable by the Locals and/or GDOT. Explain why a Local Letting is an efficient use of resources.) Change Justification (as submitted by Local Government), including Risk Assessment (Experience with Local Lettings and Federal Requirements), Benefits, Implementation Requirements (Materials Testing resources to be used; Construction Inspection resources), Contracting ability: (PM should coordinate with District Construction.) Attachments: Preconstruction Status Report, Project Financial Report, Detailed Cost Estimate, Map, Other supporting documentation to include letters from Project Sponsor, Future LG projects in the Program. 10 Local Letting Form Approval: Local Government Date Project Manager / District Preconstruction Engineer Date Office Head (for Office of Program Delivery Projects) Date District Engineer (for all projects) Date State Materials Engineer Date Approved: _______________ Director of Construction Date o Upon approval or rejection send the original to the Project Manager (Program Delivery or District Preconstruction Engineer) o PM should send Executed Copies to: o Office of Planning o Office of Program Control o Office of Financial Management (to change the TPRO designation) NOTES: o The Local Letting designation cannot be changed after PFPR to a Local Let unless approved by the Chief Engineer. 11 EXHIBIT C Memorandum of Agreement by and Between Georgia Department of Transportation and Local Local Government For Preliminary Engineering ent of Transport ering r Preliminary E A 12 Attachment B APPENDIX A 13 APPENDIX B Federal Award Identification Worksheet Subrecipient’s name (must match registered name in DUNS) Subrecipient’s DUNS number (see § 200.32 Data Universal Numbering System (DUNS)) Federal Award Identification Number (FAIN) Federal award date (see § 200.39 Federal Award Date Amount of Federal Funds Obligated by this action Total Amount of Federal Funds Obligated to the subreceipient Total Amount of the Federal Award Refer to Attachment A above Federal award project description, as required to be responsive to the Federal Funding Accountability and Transparency Act (FFATA) Scope of work in contract document; refer to page 1 Name of Federal awarding agency, pass-through entity, and contact information for awarding official FHWA, GDOT, [Project Manager] CFDA Number and Name (the pass-through entity must identify the dollar amount made available under each Federal award and the CFDA number at time of disbursement) Refer to page 1 of contract document Identification of whether award is R&D No Indirect cost rate for the Federal award (including if the de minimis rate is charged per § 200.414 Indirect (F&A) costs) N/A This project must comply with all aspects of 2 CFR Part 200. 14 APPENDIX C CERTIFICATION OF LOCAL GOVERNMENT DRUG-FREE WORKPLACE I hereby certify that I am a principal and duly authorized representative of ______________________ whose address is________________________________________________ and it is also certified that: 1. The provisions of Section 50-24-1 through 50-24-6 of the Official Code of Georgia Annotated, relating to the "Drug-Free Workplace Act" have been complied with in full; and 2. A drug-free workplace will be provided for the LOCAL GOVERNMENT’s employees during the performance of the contract; and 3. Each subcontractor hired by the LOCAL GOVERNMENT shall be required to ensure that the subcontractor's employees are provided a drug-free workplace. The LOCAL GOVERNMENT shall secure from that subcontractor the following written certification: "As part of the subcontracting agreement with ________________________ ______________________, _____________________________________ certifies to the LOCAL GOVERNMENT that a drug-free workplace will be provided for the subcontractor's employees during the performance of this contract pursuant to paragraph (7) of subsection (b) of the Official Code of Georgia Annotated Section 50-24-3"; and 4. It is certified that the undersigned will not engage in unlawful manufacture, sale, distribution, dispensation, possession, or use of a controlled substance or marijuana during the performance of the contract. ______________________ __________________________________ Date Signature 15 APPENDIX D CERTIFICATION OF COMPLIANCES I hereby certify that I am a principal and duly authorized representative of _________________ whose address is _____________________and it is also certified that: I. PROCUREMENT REQUIREMENTS The below listed provisions of State Procurement requirements shall be complied with throughout the contract period: (a) Provisions of Chapters 2 and Chapters 4 of the Title 32 of the Official Code of Georgia Annotated. Specifically as to the County the provisions of O.C.G.A. § 32-4-40 et seq. and as to the Municipality the provisions of O.C.G.A. § 32-4-92 et seq. II. STATE AUDIT REQUIREMENT The provisions of Section 36-81-7 of the Official Code of Georgia Annotated, relating to the “Requirement of Audits” shall be complied with throughout the contract period in full, including but not limited to the following provisions: (a) Each unit of local government having a population in excess of 1,500 persons or expenditures of $300,000.00 or more shall provide for and cause to be made an annual audit of the financial affairs and transactions of all funds and activities of the local government for each fiscal year of the local government. (b) The governing authority of each local unit of government not included above shall provide for and cause to be made the audit required not less often than once every two fiscal years. (c) The governing authority of each local unit of government having expenditures of less than $300,000.00 in that government’s most recently ended fiscal year may elect to provide for and cause to be made, in lieu of the biennial audit, an annual report of agreed upon procedures for that fiscal year. (d) A copy of the report and any comments made by the state auditor shall be maintained as a public record for public inspection during the regular working hours at the principal office of the local government. Those units of local government not having a principal office shall provide a notification to the public as to the location of and times during which the public may inspect the report. (e) The audits of each local government shall be conducted in accordance with generally accepted government auditing standards. III. SERVICE DELIVERY STRATEGY REQUIREMENT The provisions of Section 36-70-20 et seq. of the Official Code of Georgia, relating to the “Coordinated And Comprehensive Planning And Service Delivery By Counties And Municipalities”, as amended, have been complied with throughout the contract period. _______________________ _________________________________ Date Signature 16 APPENDIX E TITLE VI INTRODUCTION As a sub-recipient of federal funds from Georgia Department of Transportation, all municipalities are required to comply with Title VI of the Civil Rights Act of 1964 which provides that: "No person in the United States shall on the grounds of race, color, or national origin, be excluded from participation in, or be denied the benefits of, or be subjected To discrimination under any program or activity receiving federal assistance under This title or carried out under this title." Additionally, the Civil Rights Restoration Act of 1987, expanded the definition of the terms "programs and activities" to include all programs or activities of federal recipients, subrecipients, and contractors, whether or not such programs and activities are federally assisted. The provisions of Title VI apply to all contractors, subcontractors, consultants and suppliers. And is a condition for receiving federal funds. All sub recipients must sign Title VI assurances that they will not discriminate as stated in Title VI of the Civil Rights Act of 1964. In the event that the sub recipient distributes federal aid funds to second tier entity, the subrecipient shall include Title VI language in all written documents and will monitor for compliance. If, these assurances are not signed, the City or County government may be subjected to the loss of federal assistance. All sub recipients that receive federal assistance must also include Federal Highways Administrations 1273 in their contracts. The FHWA 1273 sets out guidance for ensuring non discrimination and encouraging minority participation and outreach. Enclosed you will find Title VI acknowledgment form and the Title VI assurances. The Title VI acknowledgment form and Title VI assurances must be signed by your local government official if it has not been signed. 17 TITLE VI ACKNOWLEDGEMENT FORM The _______________________________________ assures that no person shall on the grounds or race, color, national origin or sex as provided by Title VI of the Civil Rights Act of 1964, and the Civil Rights Restoration Act of 1987 be excluded from participation in, be denied the benefits of, or otherwise be subjected to discrimination under any City or County sponsored program or activity. The_______________________________________ assures that every effort will be made to ensure non discrimination in all of its programs or activities, whether those programs are federally funded or not. Assurance of compliance therefore falls under the proper authority of the City Council or the County Board of Commissioners. The Title VI Coordinator or Liaison is authorized to ensure compliance with provisions of this policy and with the Law, including the requirements of 23 Code of Federal Regulations (CFR) 200 and 49 CFR 21. Official Name and Title Date Citations: Title VI of the Civil Rights Act of 1964; 42 USC 2000d to 2000d-4;42 USC 4601to 4655;23 USC 109(h); 23 USC 324; DOT Order 1050.2; EO 12250; EO 12898; 28CFR 50.3 Other Nondiscrimination Authorities Expanded the range and scope of Title VI coverage and applicability The 1970 Uniform Act (42 USC 4601) Section 504 of the 1973 Rehabilitation Act (29 USC 790) The 1973 Federal-aid Highway Act (23 USC 324) The 1975 Age Discrimination Act (42 USC 6101) Implementing Regulations (49 CFR 21& 23 CFR 200) Executive Order 12898 on Environmental Justice (EJ) Executive Order 13166 on Limited English Proficiency (LEP) 18 NOTICE TO SPONSOR COMPLIANCE WITH TITLE VI OF THE CIVIL RIGHTS ACT OF 1964 During the performance of this contract, the SPONSOR, for itself, its assignees, and successors in interest (hereinafter referred to as the "SPONSOR"), agree as follows: 1. Compliance with Regulations The SPONSOR shall comply with the Regulations relative to nondiscrimination in federally-assisted programs of the Department of Transportation (hereinafter referred to as DOT), Title 49, Code of Federal Regulations, part 21, as they may be amended from time to time, (hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this contract. 2. Nondiscrimination The SPONSOR, 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 tl1e selection and retention of subcontractors, including procurement of materials and leases of equipment. The SPONSOR shall not participate either directly or indirectly in discrimination prohibited by Section 21.5 of the Regulations, including employment practices when the contract covers a program set forth in Appendix B of the Regulations. 3. Solicitations for Subcontracts, Including Procurement of Materials and Equipment In all solicitations either by competitive bidding or negotiations made by the SPONSOR 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 SPONSOR of the SPONSOR's obligations under this contract and the Regulations relative to nondiscrimination on the ground of race, color, sex, or national origin. 4. Information and Reports The SPONSOR shall provide all information and reports required by the Regulations or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information and its facilities as may be determined by the State Department of Transportation or the Federal Highway Administration to be pertinent to ascertain compliance with such Regulations, orders, and instructions. Where any information required of a sponsor is in the exclusive possession of another who fails or refuses to furnish this information, the Sponsor shall so certify to the State Department of Transportation, or the Federal Highway Administration as appropriate, and shall set forth what efforts it has made to obtain the information. 5. Sanctions for Noncompliance In the event of the SPONSOR's noncompliance with the nondiscrimination provisions of this contract, the State Department of Transportation shall impose such contract sanctions as it or the Federal Highway Administration may determine to be appropriate, including, but not limited to: a. Withholding of payments to the SPONSOR under the contract until the SPONSOR complies; and/or b. Cancellation, termination, or suspension of the contact, in whole or in part. 6. Incorporation of Provisions The SPONSOR shall include the provisions of paragraphs (I) through (6) in every subcontract, including procurement of materials and leases of equipment, unless exempt by the Regulations, or directives issued pursuant thereto. The SPONSOR shall take such action with respect to any subcontractor or procurement as the State 19 Department of Transportation or the Federal Highway Administration may direct as a means of enforcing such provisions including sanctions for noncompliance: Provided, however, that in the event a Sponsor becomes involved in, or is threatened with, litigation with a subcontractor or supplier as a result of such direction, the Sponsor may request the State to enter into such litigation to protect the interests of the state and, in addition, the Sponsor may request the United States to enter into such litigation to protect the interests of the United States. 20 APPENDIX F Request for Qualifications (RFQ) & Prequalified Consultant Award Selection Package (if applicable) 21 Federal Award Identification Worksheet Instructions (***Do not send with PFA***) Subrecipient’s name (must match registered name in DUNS) Name must match registered name in DUNS Subrecipient’s DUNS number (see § 200.32 Data Universal Numbering System (DUNS)) DUNS Number to be obtained from Local Government Federal Award Identification Number (FAIN) Contact Greg Underwood 404-631-1292 Federal award date (see § 200.39 Federal Award Date Contact Greg Underwood 404-631-1292 Amount of Federal Funds Obligated by this action “ Total Amount of Federal Funds Obligated to the subreceipient This refers to all Federal throughout the Locals Program, contact Greg Underwood 404-631-1292 Total Amount of the Federal Award Refer to Attachment A above Federal award project description, as required to be responsive to the Federal Funding Accountability and Transparency Act (FFATA) Scope of work in contract document; refer to page 1 Name of Federal awarding agency, pass-through entity, and contact information for awarding official FHWA, GDOT, [GDOT Project Manager] CFDA Number and Name (the pass-through entity must identify the dollar amount made available under each Federal award and the CFDA number at time of disbursement) Refer to page 1 of contract document Identification of whether award is R&D No Indirect cost rate for the Federal award (including if the de minimis rate is charged per § 200.414 Indirect (F&A) costs) N/A 37 “EXHIBIT H.3” 1 FHWA-1273 -- Revised May 1, 2012 REQUIRED CONTRACT PROVISIONS FEDERAL-AID CONSTRUCTION CONTRACTS I. General II. Nondiscrimination III. Nonsegregated Facilities IV. Davis-Bacon and Related Act Provisions V. Contract Work Hours and Safety Standards Act Provisions VI. Subletting or Assigning the Contract VII. Safety: Accident Prevention VIII. False Statements Concerning Highway Projects IX. Implementation of Clean Air Act and Federal Water Pollution Control Act X. Compliance with Governmentwide Suspension and Debarment Requirements XI. Certification Regarding Use of Contract Funds for Lobbying ATTACHMENTS A. Employment and Materials Preference for Appalachian Development Highway System or Appalachian Local Access Road Contracts (included in Appalachian contracts only) I. GENERAL 1. Form FHWA-1273 must be physically incorporated in each construction contract funded under Title 23 (excluding emergency contracts solely intended for debris removal). The contractor (or subcontractor) must insert this form in each subcontract and further require its inclusion in all lower tier subcontracts (excluding purchase orders, rental agreements and other agreements for supplies or services). The applicable requirements of Form FHWA-1273 are incorporated by reference for work done under any purchase order, rental agreement or agreement for other services. The prime contractor shall be responsible for compliance by any subcontractor, lower-tier subcontractor or service provider. Form FHWA-1273 must be included in all Federal-aid design- build contracts, in all subcontracts and in lower tier subcontracts (excluding subcontracts for design services, purchase orders, rental agreements and other agreements for supplies or services). The design-builder shall be responsible for compliance by any subcontractor, lower-tier subcontractor or service provider. Contracting agencies may reference Form FHWA-1273 in bid proposal or request for proposal documents, however, the Form FHWA-1273 must be physically incorporated (not referenced) in all contracts, subcontracts and lower-tier subcontracts (excluding purchase orders, rental agreements and other agreements for supplies or services related to a construction contract). 2. Subject to the applicability criteria noted in the following sections, these contract provisions shall apply to all work performed on the contract by the contractor's own organization and with the assistance of workers under the contractor's immediate superintendence and to all work performed on the contract by piecework, station work, or by subcontract. 3. A breach of any of the stipulations contained in these Required Contract Provisions may be sufficient grounds for withholding of progress payments, withholding of final payment, termination of the contract, suspension / debarment or any other action determined to be appropriate by the contracting agency and FHWA. 4. Selection of Labor: During the performance of this contract, the contractor shall not use convict labor for any purpose within the limits of a construction project on a Federal-aid highway unless it is labor performed by convicts who are on parole, supervised release, or probation. The term Federal-aid highway does not include roadways functionally classified as local roads or rural minor collectors. II. NONDISCRIMINATION The provisions of this section related to 23 CFR Part 230 are applicable to all Federal-aid construction contracts and to all related construction subcontracts of $10,000 or more. The provisions of 23 CFR Part 230 are not applicable to material supply, engineering, or architectural service contracts. In addition, the contractor and all subcontractors must comply with the following policies: Executive Order 11246, 41 CFR 60, 29 CFR 1625-1627, Title 23 USC Section 140, the Rehabilitation Act of 1973, as amended (29 USC 794), Title VI of the Civil Rights Act of 1964, as amended, and related regulations including 49 CFR Parts 21, 26 and 27; and 23 CFR Parts 200, 230, and 633. The contractor and all subcontractors must comply with: the requirements of the Equal Opportunity Clause in 41 CFR 60- 1.4(b) and, for all construction contracts exceeding $10,000, the Standard Federal Equal Employment Opportunity Construction Contract Specifications in 41 CFR 60-4.3. Note: The U.S. Department of Labor has exclusive authority to determine compliance with Executive Order 11246 and the policies of the Secretary of Labor including 41 CFR 60, and 29 CFR 1625-1627. The contracting agency and the FHWA have the authority and the responsibility to ensure compliance with Title 23 USC Section 140, the Rehabilitation Act of 1973, as amended (29 USC 794), and Title VI of the Civil Rights Act of 1964, as amended, and related regulations including 49 CFR Parts 21, 26 and 27; and 23 CFR Parts 200, 230, and 633. The following provision is adopted from 23 CFR 230, Appendix A, with appropriate revisions to conform to the U.S. Department of Labor (US DOL) and FHWA requirements. 1. Equal Employment Opportunity: Equal employment opportunity (EEO) requirements not to discriminate and to take affirmative action to assure equal opportunity as set forth under laws, executive orders, rules, regulations (28 CFR 35, 29 CFR 1630, 29 CFR 1625-1627, 41 CFR 60 and 49 CFR 27) and orders of the Secretary of Labor as modified by the provisions prescribed herein, and imposed pursuant to 23 U.S.C. 140 shall constitute the EEO and specific affirmative action standards for the contractor's project activities under 2 this contract. The provisions of the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.) set forth under 28 CFR 35 and 29 CFR 1630 are incorporated by reference in this contract. In the execution of this contract, the contractor agrees to comply with the following minimum specific requirement activities of EEO: a. The contractor will work with the contracting agency and the Federal Government to ensure that it has made every good faith effort to provide equal opportunity with respect to all of its terms and conditions of employment and in their review of activities under the contract. b. The contractor will accept as its operating policy the following statement: "It is the policy of this Company to assure that applicants are employed, and that employees are treated during employment, without regard to their race, religion, sex, color, national origin, age or disability. Such action shall include: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship, pre-apprenticeship, and/or on-the- job training." 2. EEO Officer: The contractor will designate and make known to the contracting officers an EEO Officer who will have the responsibility for and must be capable of effectively administering and promoting an active EEO program and who must be assigned adequate authority and responsibility to do so. 3. Dissemination of Policy: All members of the contractor's staff who are authorized to hire, supervise, promote, and discharge employees, or who recommend such action, or who are substantially involved in such action, will be made fully cognizant of, and will implement, the contractor's EEO policy and contractual responsibilities to provide EEO in each grade and classification of employment. To ensure that the above agreement will be met, the following actions will be taken as a minimum: a. Periodic meetings of supervisory and personnel office employees will be conducted before the start of work and then not less often than once every six months, at which time the contractor's EEO policy and its implementation will be reviewed and explained. The meetings will be conducted by the EEO Officer. b. All new supervisory or personnel office employees will be given a thorough indoctrination by the EEO Officer, covering all major aspects of the contractor's EEO obligations within thirty days following their reporting for duty with the contractor. c. All personnel who are engaged in direct recruitment for the project will be instructed by the EEO Officer in the contractor's procedures for locating and hiring minorities and women. d. Notices and posters setting forth the contractor's EEO policy will be placed in areas readily accessible to employees, applicants for employment and potential employees. e. The contractor's EEO policy and the procedures to implement such policy will be brought to the attention of employees by means of meetings, employee handbooks, or other appropriate means. 4. Recruitment: When advertising for employees, the contractor will include in all advertisements for employees the notation: "An Equal Opportunity Employer." All such advertisements will be placed in publications having a large circulation among minorities and women in the area from which the project work force would normally be derived. a. The contractor will, unless precluded by a valid bargaining agreement, conduct systematic and direct recruitment through public and private employee referral sources likely to yield qualified minorities and women. To meet this requirement, the contractor will identify sources of potential minority group employees, and establish with such identified sources procedures whereby minority and women applicants may be referred to the contractor for employment consideration. b. In the event the contractor has a valid bargaining agreement providing for exclusive hiring hall referrals, the contractor is expected to observe the provisions of that agreement to the extent that the system meets the contractor's compliance with EEO contract provisions. Where implementation of such an agreement has the effect of discriminating against minorities or women, or obligates the contractor to do the same, such implementation violates Federal nondiscrimination provisions. c. The contractor will encourage its present employees to refer minorities and women as applicants for employment. Information and procedures with regard to referring such applicants will be discussed with employees. 5. Personnel Actions: Wages, working conditions, and employee benefits shall be established and administered, and personnel actions of every type, including hiring, upgrading, promotion, transfer, demotion, layoff, and termination, shall be taken without regard to race, color, religion, sex, national origin, age or disability. The following procedures shall be followed: a. The contractor will conduct periodic inspections of project sites to insure that working conditions and employee facilities do not indicate discriminatory treatment of project site personnel. b. The contractor will periodically evaluate the spread of wages paid within each classification to determine any evidence of discriminatory wage practices. c. The contractor will periodically review selected personnel actions in depth to determine whether there is evidence of discrimination. Where evidence is found, the contractor will promptly take corrective action. If the review indicates that the discrimination may extend beyond the actions reviewed, such corrective action shall include all affected persons. d. The contractor will promptly investigate all complaints of alleged discrimination made to the contractor in connection with its obligations under this contract, will attempt to resolve such complaints, and will take appropriate corrective action within a reasonable time. If the investigation indicates that the discrimination may affect persons other than the complainant, such corrective action shall include such other persons. Upon completion of each investigation, the contractor will inform every complainant of all of their avenues of appeal. 6. Training and Promotion: a. The contractor will assist in locating, qualifying, and increasing the skills of minorities and women who are 3 applicants for employment or current employees. Such efforts should be aimed at developing full journey level status employees in the type of trade or job classification involved. b. Consistent with the contractor's work force requirements and as permissible under Federal and State regulations, the contractor shall make full use of training programs, i.e., apprenticeship, and on-the-job training programs for the geographical area of contract performance. In the event a special provision for training is provided under this contract, this subparagraph will be superseded as indicated in the special provision. The contracting agency may reserve training positions for persons who receive welfare assistance in accordance with 23 U.S.C. 140(a). c. The contractor will advise employees and applicants for employment of available training programs and entrance requirements for each. d. The contractor will periodically review the training and promotion potential of employees who are minorities and women and will encourage eligible employees to apply for such training and promotion. 7. Unions: If the contractor relies in whole or in part upon unions as a source of employees, the contractor will use good faith efforts to obtain the cooperation of such unions to increase opportunities for minorities and women. Actions by the contractor, either directly or through a contractor's association acting as agent, will include the procedures set forth below: a. The contractor will use good faith efforts to develop, in cooperation with the unions, joint training programs aimed toward qualifying more minorities and women for membership in the unions and increasing the skills of minorities and women so that they may qualify for higher paying employment. b. The contractor will use good faith efforts to incorporate an EEO clause into each union agreement to the end that such union will be contractually bound to refer applicants without regard to their race, color, religion, sex, national origin, age or disability. c. The contractor is to obtain information as to the referral practices and policies of the labor union except that to the extent such information is within the exclusive possession of the labor union and such labor union refuses to furnish such information to the contractor, the contractor shall so certify to the contracting agency and shall set forth what efforts have been made to obtain such information. d. In the event the union is unable to provide the contractor with a reasonable flow of referrals within the time limit set forth in the collective bargaining agreement, the contractor will, through independent recruitment efforts, fill the employment vacancies without regard to race, color, religion, sex, national origin, age or disability; making full efforts to obtain qualified and/or qualifiable minorities and women. The failure of a union to provide sufficient referrals (even though it is obligated to provide exclusive referrals under the terms of a collective bargaining agreement) does not relieve the contractor from the requirements of this paragraph. In the event the union referral practice prevents the contractor from meeting the obligations pursuant to Executive Order 11246, as amended, and these special provisions, such contractor shall immediately notify the contracting agency. 8. Reasonable Accommodation for Applicants / Employees with Disabilities: The contractor must be familiar with the requirements for and comply with the Americans with Disabilities Act and all rules and regulations established there under. Employers must provide reasonable accommodation in all employment activities unless to do so would cause an undue hardship. 9. Selection of Subcontractors, Procurement of Materials and Leasing of Equipment: The contractor shall not discriminate on the grounds of race, color, religion, sex, national origin, age or disability in the selection and retention of subcontractors, including procurement of materials and leases of equipment. The contractor shall take all necessary and reasonable steps to ensure nondiscrimination in the administration of this contract. a. The contractor shall notify all potential subcontractors and suppliers and lessors of their EEO obligations under this contract. b. The contractor will use good faith efforts to ensure subcontractor compliance with their EEO obligations. 10. Assurance Required by 49 CFR 26.13(b): a. The requirements of 49 CFR Part 26 and the State DOT’s U.S. DOT-approved DBE program are incorporated by reference. b. The contractor or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT-assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the contracting agency deems appropriate. 11. Records and Reports: The contractor shall keep such records as necessary to document compliance with the EEO requirements. Such records shall be retained for a period of three years following the date of the final payment to the contractor for all contract work and shall be available at reasonable times and places for inspection by authorized representatives of the contracting agency and the FHWA. a. The records kept by the contractor shall document the following: (1) The number and work hours of minority and non- minority group members and women employed in each work classification on the project; (2) The progress and efforts being made in cooperation with unions, when applicable, to increase employment opportunities for minorities and women; and (3) The progress and efforts being made in locating, hiring, training, qualifying, and upgrading minorities and women; b. The contractors and subcontractors will submit an annual report to the contracting agency each July for the duration of the project, indicating the number of minority, women, and non-minority group employees currently engaged in each work classification required by the contract work. This information is to be reported on Form FHWA-1391. The staffing data should represent the project work force on board in all or any part of the last payroll period preceding the end of July. If on-the-job training is being required by special provision, the contractor 4 will be required to collect and report training data. The employment data should reflect the work force on board during all or any part of the last payroll period preceding the end of July. III. NONSEGREGATED FACILITIES This provision is applicable to all Federal-aid construction contracts and to all related construction subcontracts of $10,000 or more. The contractor must ensure that facilities provided for employees are provided in such a manner that segregation on the basis of race, color, religion, sex, or national origin cannot result. The contractor may neither require such segregated use by written or oral policies nor tolerate such use by employee custom. The contractor's obligation extends further to ensure that its employees are not assigned to perform their services at any location, under the contractor's control, where the facilities are segregated. The term "facilities" includes waiting rooms, work areas, restaurants and other eating areas, time clocks, restrooms, washrooms, locker rooms, and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing provided for employees. The contractor shall provide separate or single-user restrooms and necessary dressing or sleeping areas to assure privacy between sexes. IV. DAVIS-BACON AND RELATED ACT PROVISIONS This section is applicable to all Federal-aid construction projects exceeding $2,000 and to all related subcontracts and lower-tier subcontracts (regardless of subcontract size). The requirements apply to all projects located within the right-of- way of a roadway that is functionally classified as Federal-aid highway. This excludes roadways functionally classified as local roads or rural minor collectors, which are exempt. Contracting agencies may elect to apply these requirements to other projects. The following provisions are from the U.S. Department of Labor regulations in 29 CFR 5.5 “Contract provisions and related matters” with minor revisions to conform to the FHWA- 1273 format and FHWA program requirements. 1. Minimum wages a. All laborers and mechanics employed or working upon the site of the work, will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR part 3)), the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona fide fringe benefits under section 1(b)(2) of the Davis-Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of paragraph 1.d. of this section; also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in 29 CFR 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided, That the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classification and wage rates conformed under paragraph 1.b. of this section) and the Davis-Bacon poster (WH–1321) shall be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers. b. (1) The contracting officer shall require that any class of laborers or mechanics, including helpers, which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. The contracting officer shall approve an additional classification and wage rate and fringe benefits therefore only when the following criteria have been met: (i) The work to be performed by the classification requested is not performed by a classification in the wage determination; and (ii) The classification is utilized in the area by the construction industry; and (iii) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination. (2) If the contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and the contracting officer agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by the contracting officer to the Administrator of the Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor, Washington, DC 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary. (3) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and the contracting officer do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), the contracting officer shall refer the questions, including the views of all interested parties and the recommendation of the contracting officer, to the Wage and Hour Administrator for determination. The Wage and Hour Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise the contracting officer or 5 will notify the contracting officer within the 30-day period that additional time is necessary. (4) The wage rate (including fringe benefits where appropriate) determined pursuant to paragraphs 1.b.(2) or 1.b.(3) of this section, shall be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification. c. Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof. d. If the contractor does not make payments to a trustee or other third person, the contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, Provided, That the Secretary of Labor has found, upon the written request of the contractor, that the applicable standards of the Davis-Bacon Act have been met. The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. 2. Withholding The contracting agency shall upon its own action or upon written request of an authorized representative of the Department of Labor, withhold or cause to be withheld from the contractor under this contract, or any other Federal contract with the same prime contractor, or any other federally- assisted contract subject to Davis-Bacon prevailing wage requirements, which is held by the same prime contractor, so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees, and helpers, employed by the contractor or any subcontractor the full amount of wages required by the contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee, or helper, employed or working on the site of the work, all or part of the wages required by the contract, the contracting agency may, after written notice to the contractor, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased. 3. Payrolls and basic records a. Payrolls and basic records relating thereto shall be maintained by the contractor during the course of the work and preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work. Such records shall contain the name, address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in section 1(b)(2)(B) of the Davis-Bacon Act), daily and weekly number of hours worked, deductions made and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv) that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in section 1(b)(2)(B) of the Davis- Bacon Act, the contractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs. b. (1) The contractor shall submit weekly for each week in which any contract work is performed a copy of all payrolls to the contracting agency. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under 29 CFR 5.5(a)(3)(i), except that full social security numbers and home addresses shall not be included on weekly transmittals. Instead the payrolls shall only need to include an individually identifying number for each employee ( e.g. , the last four digits of the employee's social security number). The required weekly payroll information may be submitted in any form desired. Optional Form WH–347 is available for this purpose from the Wage and Hour Division Web site at http://www.dol.gov/esa/whd/forms/wh347instr.htm or its successor site. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. Contractors and subcontractors shall maintain the full social security number and current address of each covered worker, and shall provide them upon request to the contracting agency for transmission to the State DOT, the FHWA or the Wage and Hour Division of the Department of Labor for purposes of an investigation or audit of compliance with prevailing wage requirements. It is not a violation of this section for a prime contractor to require a subcontractor to provide addresses and social security numbers to the prime contractor for its own records, without weekly submission to the contracting agency.. (2) Each payroll submitted shall be accompanied by a “Statement of Compliance,” signed by the contractor or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following: (i) That the payroll for the payroll period contains the information required to be provided under §5.5 (a)(3)(ii) of Regulations, 29 CFR part 5, the appropriate information is being maintained under §5.5 (a)(3)(i) of Regulations, 29 CFR part 5, and that such information is correct and complete; (ii) That each laborer or mechanic (including each helper, apprentice, and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in Regulations, 29 CFR part 3; (iii) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the contract. 6 (3) The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH–347 shall satisfy the requirement for submission of the “Statement of Compliance” required by paragraph 3.b.(2) of this section. (4) The falsification of any of the above certifications may subject the contractor or subcontractor to civil or criminal prosecution under section 1001 of title 18 and section 231 of title 31 of the United States Code. c. The contractor or subcontractor shall make the records required under paragraph 3.a. of this section available for inspection, copying, or transcription by authorized representatives of the contracting agency, the State DOT, the FHWA, or the Department of Labor, and shall permit such representatives to interview employees during working hours on the job. If the contractor or subcontractor fails to submit the required records or to make them available, the FHWA may, after written notice to the contractor, the contracting agency or the State DOT, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12. 4. Apprentices and trainees a. Apprentices (programs of the USDOL). Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Office of Apprenticeship Training, Employer and Labor Services, or with a State Apprenticeship Agency recognized by the Office, or if a person is employed in his or her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Office of Apprenticeship Training, Employer and Labor Services or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman's hourly rate) specified in the contractor's or subcontractor's registered program shall be observed. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. In the event the Office of Apprenticeship Training, Employer and Labor Services, or a State Apprenticeship Agency recognized by the Office, withdraws approval of an apprenticeship program, the contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved. b. Trainees (programs of the USDOL). Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the U.S. Department of Labor, Employment and Training Administration. The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Every trainee must be paid at not less than the rate specified in the approved program for the trainee's level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman wage rate on the wage determination which provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In the event the Employment and Training Administration withdraws approval of a training program, the contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. c. Equal employment opportunity. The utilization of apprentices, trainees and journeymen under this part shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR part 30. 7 d. Apprentices and Trainees (programs of the U.S. DOT). Apprentices and trainees working under apprenticeship and skill training programs which have been certified by the Secretary of Transportation as promoting EEO in connection with Federal-aid highway construction programs are not subject to the requirements of paragraph 4 of this Section IV. The straight time hourly wage rates for apprentices and trainees under such programs will be established by the particular programs. The ratio of apprentices and trainees to journeymen shall not be greater than permitted by the terms of the particular program. 5. Compliance with Copeland Act requirements. The contractor shall comply with the requirements of 29 CFR part 3, which are incorporated by reference in this contract. 6. Subcontracts. The contractor or subcontractor shall insert Form FHWA-1273 in any subcontracts and also require the subcontractors to include Form FHWA-1273 in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses in 29 CFR 5.5. 7. Contract termination: debarment. A breach of the contract clauses in 29 CFR 5.5 may be grounds for termination of the contract, and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12. 8. Compliance with Davis-Bacon and Related Act requirements. All rulings and interpretations of the Davis- Bacon and Related Acts contained in 29 CFR parts 1, 3, and 5 are herein incorporated by reference in this contract. 9. Disputes concerning labor standards. Disputes arising out of the labor standards provisions of this contract shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR parts 5, 6, and 7. Disputes within the meaning of this clause include disputes between the contractor (or any of its subcontractors) and the contracting agency, the U.S. Department of Labor, or the employees or their representatives. 10. Certification of eligibility. a. By entering into this contract, the contractor certifies that neither it (nor he or she) nor any person or firm who has an interest in the contractor's firm is a person or firm ineligible to be awarded Government contracts by virtue of section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1). b. No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1). c. The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. 1001. V. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT The following clauses apply to any Federal-aid construction contract in an amount in excess of $100,000 and subject to the overtime provisions of the Contract Work Hours and Safety Standards Act. These clauses shall be inserted in addition to the clauses required by 29 CFR 5.5(a) or 29 CFR 4.6. As used in this paragraph, the terms laborers and mechanics include watchmen and guards. 1. Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. 2. Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (1.) of this section, the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (1.) of this section, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (1.) of this section. 3. Withholding for unpaid wages and liquidated damages. The FHWA or the contacting agency shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (2.) of this section. 4. Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (1.) through (4.) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (1.) through (4.) of this section. 8 VI. SUBLETTING OR ASSIGNING THE CONTRACT This provision is applicable to all Federal-aid construction contracts on the National Highway System. 1. The contractor shall perform with its own organization contract work amounting to not less than 30 percent (or a greater percentage if specified elsewhere in the contract) of the total original contract price, excluding any specialty items designated by the contracting agency. Specialty items may be performed by subcontract and the amount of any such specialty items performed may be deducted from the total original contract price before computing the amount of work required to be performed by the contractor's own organization (23 CFR 635.116). a. The term “perform work with its own organization” refers to workers employed or leased by the prime contractor, and equipment owned or rented by the prime contractor, with or without operators. Such term does not include employees or equipment of a subcontractor or lower tier subcontractor, agents of the prime contractor, or any other assignees. The term may include payments for the costs of hiring leased employees from an employee leasing firm meeting all relevant Federal and State regulatory requirements. Leased employees may only be included in this term if the prime contractor meets all of the following conditions: (1) the prime contractor maintains control over the supervision of the day-to-day activities of the leased employees; (2) the prime contractor remains responsible for the quality of the work of the leased employees; (3) the prime contractor retains all power to accept or exclude individual employees from work on the project; and (4) the prime contractor remains ultimately responsible for the payment of predetermined minimum wages, the submission of payrolls, statements of compliance and all other Federal regulatory requirements. b. "Specialty Items" shall be construed to be limited to work that requires highly specialized knowledge, abilities, or equipment not ordinarily available in the type of contracting organizations qualified and expected to bid or propose on the contract as a whole and in general are to be limited to minor components of the overall contract. 2. The contract amount upon which the requirements set forth in paragraph (1) of Section VI is computed includes the cost of material and manufactured products which are to be purchased or produced by the contractor under the contract provisions. 3. The contractor shall furnish (a) a competent superintendent or supervisor who is employed by the firm, has full authority to direct performance of the work in accordance with the contract requirements, and is in charge of all construction operations (regardless of who performs the work) and (b) such other of its own organizational resources (supervision, management, and engineering services) as the contracting officer determines is necessary to assure the performance of the contract. 4. No portion of the contract shall be sublet, assigned or otherwise disposed of except with the written consent of the contracting officer, or authorized representative, and such consent when given shall not be construed to relieve the contractor of any responsibility for the fulfillment of the contract. Written consent will be given only after the contracting agency has assured that each subcontract is evidenced in writing and that it contains all pertinent provisions and requirements of the prime contract. 5. The 30% self-performance requirement of paragraph (1) is not applicable to design-build contracts; however, contracting agencies may establish their own self-performance requirements. VII. SAFETY: ACCIDENT PREVENTION T h i s p r o v i s i o n i s applicable to all Federal-aid construction contracts and to all related subcontracts. 1. In the performance of this contract the contractor shall comply with all applicable Federal, State, and local laws governing safety, health, and sanitation (23 CFR 635). The contractor shall provide all safeguards, safety devices and protective equipment and take any other needed actions as it determines, or as the contracting officer may determine, to be reasonably necessary to protect the life and health of employees on the job and the safety of the public and to protect property in connection with the performance of the work covered by the contract. 2. It is a condition of this contract, and shall be made a condition of each subcontract, which the contractor enters into pursuant to this contract, that the contractor and any subcontractor shall not permit any employee, in performance of the contract, to work in surroundings or under conditions which are unsanitary, hazardous or dangerous to his/her health or safety, as determined under construction safety and health standards (29 CFR 1926) promulgated by the Secretary of Labor, in accordance with Section 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 3704). 3. Pursuant to 29 CFR 1926.3, it is a condition of this contract that the Secretary of Labor or authorized representative thereof, shall have right of entry to any site of contract performance to inspect or investigate the matter of compliance with the construction safety and health standards and to carry out the duties of the Secretary under Section 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C.3704). VIII. FALSE STATEMENTS CONCERNING HIGHWAY PROJECTS T h i s p r o v i s i o n i s applicable to all Federal-aid construction contracts and to all related subcontracts. In order to assure high quality and durable construction in conformity with approved plans and specifications and a high degree of reliability on statements and representations made by engineers, contractors, suppliers, and workers on Federal- aid highway projects, it is essential that all persons concerned with the project perform their functions as carefully, thoroughly, and honestly as possible. Willful falsification, distortion, or misrepresentation with respect to any facts related to the project is a violation of Federal law. To prevent any misunderstanding regarding the seriousness of these and similar acts, Form FHWA-1022 shall be posted on each Federal-aid highway project (23 CFR 635) in one or more places where it is readily available to all persons concerned with the project: 18 U.S.C. 1020 reads as follows: 9 "Whoever, being an officer, agent, or employee of the United States, or of any State or Territory, or whoever, whether a person, association, firm, or corporation, knowingly makes any false statement, false representation, or false report as to the character, quality, quantity, or cost of the material used or to be used, or the quantity or quality of the work performed or to be performed, or the cost thereof in connection with the submission of plans, maps, specifications, contracts, or costs of construction on any highway or related project submitted for approval to the Secretary of Transportation; or Whoever knowingly makes any false statement, false representation, false report or false claim with respect to the character, quality, quantity, or cost of any work performed or to be performed, or materials furnished or to be furnished, in connection with the construction of any highway or related project approved by the Secretary of Transportation; or Whoever knowingly makes any false statement or false representation as to material fact in any statement, certificate, or report submitted pursuant to provisions of the Federal-aid Roads Act approved July 1, 1916, (39 Stat. 355), as amended and supplemented; Shall be fined under this title or imprisoned not more than 5 years or both." IX. IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT This provision is applicable to all Federal-aid construction contracts and to all related subcontracts. By submission of this bid/proposal or the execution of this contract, or subcontract, as appropriate, the bidder, proposer, Federal-aid construction contractor, or subcontractor, as appropriate, will be deemed to have stipulated as follows: 1. That any person who is or will be utilized in the performance of this contract is not prohibited from receiving an award due to a violation of Section 508 of the Clean Water Act or Section 306 of the Clean Air Act. 2. That the contractor agrees to include or cause to be included the requirements of paragraph (1) of this Section X in every subcontract, and further agrees to take such action as the contracting agency may direct as a means of enforcing such requirements. X.CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION This provision is applicable to all Federal-aid construction contracts, design-build contracts, subcontracts, lower-tier subcontracts, purchase orders, lease agreements, consultant contracts or any other covered transaction requiring FHWA approval or that is estimated to cost $25,000 or more – as defined in 2 CFR Parts 180 and 1200. 1. Instructions for Certification – First Tier Participants: a. By signing and submitting this proposal, the prospective first tier participant is providing the certification set out below. b. The inability of a person to provide the certification set out below will not necessarily result in denial of participation in this covered transaction. The prospective first tier participant shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction. However, failure of the prospective first tier participant to furnish a certification or an explanation shall disqualify such a person from participation in this transaction. c. The certification in this clause is a material representation of fact upon which reliance was placed when the contracting agency determined to enter into this transaction. If it is later determined that the prospective participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the contracting agency may terminate this transaction for cause of default. d. The prospective first tier participant shall provide immediate written notice to the contracting agency to whom this proposal is submitted if any time the prospective first tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. e. The terms "covered transaction," "debarred," "suspended," "ineligible," "participant," "person," "principal," and "voluntarily excluded," as used in this clause, are defined in 2 CFR Parts 180 and 1200. “First Tier Covered Transactions” refers to any covered transaction between a grantee or subgrantee of Federal funds and a participant (such as the prime or general contract). “Lower Tier Covered Transactions” refers to any covered transaction under a First Tier Covered Transaction (such as subcontracts). “First Tier Participant” refers to the participant who has entered into a covered transaction with a grantee or subgrantee of Federal funds (such as the prime or general contractor). “Lower Tier Participant” refers any participant who has entered into a covered transaction with a First Tier Participant or other Lower Tier Participants (such as subcontractors and suppliers). f. The prospective first tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency entering into this transaction. g. The prospective first tier participant further agrees by submitting this proposal that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transactions," provided by the department or contracting agency, entering into this covered transaction, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions exceeding the $25,000 threshold. h. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any lower tier prospective participants, each participant may, but is not required to, check the Excluded Parties List System website (https://www.epls.gov/), which is compiled by the General Services Administration. 10 i. Nothing contained in the foregoing shall be construed to require the establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of the prospective participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. j. Except for transactions authorized under paragraph (f) of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default. * * * * * 2. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion – First Tier Participants: a. The prospective first tier participant certifies to the best of its knowledge and belief, that it and its principals: (1) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency; (2) Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (3) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph (a)(2) of this certification; and (4) Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State or local) terminated for cause or default. b. Where the prospective participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. 2. Instructions for Certification - Lower Tier Participants: (Applicable to all subcontracts, purchase orders and other lower tier transactions requiring prior FHWA approval or estimated to cost $25,000 or more - 2 CFR Parts 180 and 1200) a. By signing and submitting this proposal, the prospective lower tier is providing the certification set out below. b. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department, or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. c. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous by reason of changed circumstances. d. The terms "covered transaction," "debarred," "suspended," "ineligible," "participant," "person," "principal," and "voluntarily excluded," as used in this clause, are defined in 2 CFR Parts 180 and 1200. You may contact the person to which this proposal is submitted for assistance in obtaining a copy of those regulations. “First Tier Covered Transactions” refers to any covered transaction between a grantee or subgrantee of Federal funds and a participant (such as the prime or general contract). “Lower Tier Covered Transactions” refers to any covered transaction under a First Tier Covered Transaction (such as subcontracts). “First Tier Participant” refers to the participant who has entered into a covered transaction with a grantee or subgrantee of Federal funds (such as the prime or general contractor). “Lower Tier Participant” refers any participant who has entered into a covered transaction with a First Tier Participant or other Lower Tier Participants (such as subcontractors and suppliers). e. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated. f. The prospective lower tier participant further agrees by submitting this proposal that it will include this clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions exceeding the $25,000 threshold. g. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any lower tier prospective participants, each participant may, but is not required to, check the Excluded Parties List System website (https://www.epls.gov/), which is compiled by the General Services Administration. h. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. i. Except for transactions authorized under paragraph e of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the 11 department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. * * * * * Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion--Lower Tier Participants: 1. The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency. 2. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. * * * * * XI. CERTIFICATION REGARDING USE OF CONTRACT FUNDS FOR LOBBYING This provision is applicable to all Federal-aid construction contracts and to all related subcontracts which exceed $100,000 (49 CFR 20). 1. The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: a. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. b. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 2. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. 1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. 3. The prospective participant also agrees by submitting its bid or proposal that the participant shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such recipients shall certify and disclose accordingly. 12 ATTACHMENT A - EMPLOYMENT AND MATERIALS PREFERENCE FOR APPALACHIAN DEVELOPMENT HIGHWAY SYSTEM OR APPALACHIAN LOCAL ACCESS ROAD CONTRACTS This provision is applicable to all Federal-aid projects funded under the Appalachian Regional Development Act of 1965. 1. During the performance of this contract, the contractor undertaking to do work which is, or reasonably may be, done as on-site work, shall give preference to qualified persons who regularly reside in the labor area as designated by the DOL wherein the contract work is situated, or the subregion, or the Appalachian counties of the State wherein the contract work is situated, except: a. To the extent that qualified persons regularly residing in the area are not available. b. For the reasonable needs of the contractor to employ supervisory or specially experienced personnel necessary to assure an efficient execution of the contract work. c. For the obligation of the contractor to offer employment to present or former employees as the result of a lawful collective bargaining contract, provided that the number of nonresident persons employed under this subparagraph (1c) shall not exceed 20 percent of the total number of employees employed by the contractor on the contract work, except as provided in subparagraph (4) below. 2. The contractor shall place a job order with the State Employment Service indicating (a) the classifications of the laborers, mechanics and other employees required to perform the contract work, (b) the number of employees required in each classification, (c) the date on which the participant estimates such employees will be required, and (d) any other pertinent information required by the State Employment Service to complete the job order form. The job order may be placed with the State Employment Service in writing or by telephone. If during the course of the contract work, the information submitted by the contractor in the original job order is substantially modified, the participant shall promptly notify the State Employment Service. 3. The contractor shall give full consideration to all qualified job applicants referred to him by the State Employment Service. The contractor is not required to grant employment to any job applicants who, in his opinion, are not qualified to perform the classification of work required. 4. If, within one week following the placing of a job order by the contractor with the State Employment Service, the State Employment Service is unable to refer any qualified job applicants to the contractor, or less than the number requested, the State Employment Service will forward a certificate to the contractor indicating the unavailability of applicants. Such certificate shall be made a part of the contractor's permanent project records. Upon receipt of this certificate, the contractor may employ persons who do not normally reside in the labor area to fill positions covered by the certificate, notwithstanding the provisions of subparagraph (1c) above. 5. The provisions of 23 CFR 633.207(e) allow the contracting agency to provide a contractual preference for the use of mineral resource materials native to the Appalachian region. 6. The contractor shall include the provisions of Sections 1 through 4 of this Attachment A in every subcontract for work which is, or reasonably may be, done as on-site work. MILTON'Ir ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: December 30, 2019 FROM: Steven Krokoff, City Manager AGENDA ITEM: Approval of a Right of Way and Field Mowing Agreement between the City of Milton and Ashford Gardeners, Inc. for Mowing Services MEETING DATE: Monday, January 6, 2020 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (,"IAPPROVED (J NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: (y4ES () NO CITY ATTORNEY REVIEW REQUIRED: (,Y%ES () NO APPROVAL BY CITY ATTORNEY: (,4/APPROVED (J NOT APPROVED PLACED ON AGENDA FOR: oI1601811116 2006 Heritage Walk Milton, GA P: 678.242.25001 F: 678.242.2499 info@cityofmiltonga.us I www.cityofmiltonga.us 0000 To: Honorable Mayor and City Council Members From: Robert W. Drewry, Director of Public Works Date: Submitted on December 17, 2019 for the January 6, 2020 Regular City Council Meeting Agenda Item: Approval of a Right of Way and Field Mowing Agreement between the City of Milton and Ashford Gardeners, Inc. for mowing services. ____________________________________________________________________________________ Department Recommendation: The Public Works Department recommends approval of this contract agreement. Executive Summary: The contract agreement includes the right of way shoulder mowing for 75.67 centerline miles of roadway and 35.7 acres of pasture and park cutting. This is an annual contract with automatic renewals no more than five (5) times. Procurement Summary: Purchasing method used: Bid Award-ITB (Over $50,000) Account Number: 100-4101-523850002 Requisition Total: $199,500 Vendor DBA: Ashford Gardeners, Inc. Other quotes or bids submitted (vendor/$): Vendor/Firm Quote/Bid Tri Scapes, Inc. $203,000 Yellowstone Landscape, LLC $268,423 Russel Landscape, LLC $305,320 Financial Review: Bernadette Harvill, December 23, 2019 Legal Review: Jarrard & Davis, LLP – Sam VanVolkenburgh, July 8, 2019 Concurrent Review: Robert W. Drewry, Public Works Director Attachment(s): Right of Way and Field Mowing Agreement 1 RIGHT OF WAY AND FIELD MOWING 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 Ashford Gardeners, Inc., a Georgia corporation, (herein after referred to as the "Contractor"), collectively referred to herein as the "Parties." WITNESSETH: WHEREAS, City desires to retain Contractor to provide right of way and field mowing and vegetation control services in one or more Project(s) (defined below); 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 Agreement, the Project(s), and the Work, and with all local conditions and federal, state and local laws, ordinances, rules and regulations that may in any manner affect cost, progress or performance of Work. NOW, THEREFORE, for and in consideration of the mutual promises, the public purposes, and the acknowledgements and agreements contained herein, and other good and adequate consideration, the sufficiency of which is hereby acknowledged, the Parties do mutually agree as follows: I. SCOPE OF SERVICES AND TERMINATION DATE A. Agreement. The Agreement shall consist of this Services Agreement and each of the Exhibits hereto, which are incorporated herein by reference, including: Exhibit “A” – City Solicitation Documents Exhibit “B” – Contractor Response/Proposal Exhibit “C” – Scope of Work Exhibit “D” – Contractor Affidavit Exhibit “E” – Subcontractor Affidavit Exhibit “F” – Key Personnel B. The Work. The work to be completed under this Agreement (the “Work”) includes, but shall not be limited to, the Project and any approved Work Orders, as defined in Section II. Unless otherwise stated, the Work includes all material, labor, insurance, tools, 2 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 Project Scope of Work or applicable Work Orders, 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. The Work shall comply with all applicable requirements, standards, conditions and specifications set forth in the City Solicitation Documents, Exhibit “A”, and representations in the Contractor Response/Proposal, Exhibit “B”, attached hereto and incorporated herein by reference. C. Timing and Term of Agreement. Contractor understands that time is of the essence of this Agreement and warrants and represents that it will perform the Work in a prompt and timely manner, which shall not impose delays on the progress of the Work. Th e term of this Agreement (“Term”) will be from the Effective Date until December 31, 2019. On January 1, 2020, and on January 1 of each following year, this Agreement shall automatically renew for a twelve (12) month Term unless either Party provides written notice of nonrenewal at least thirty (30) days prior to the expiration of the then-current Term. This Agreement shall automatically renew no more than five (5) times, finally expiring on December 31, 2024, and shall not renew if affirmatively terminated by either Party pursuant to Section VII of this Agreement II. PROJECT AND WORK ORDERS A. The Project. The project contemplated by this Agreement is right of way and field mowing and vegetation control, as set forth in the Project Scope of Work at Exhibit “C”, attached hereto and incorporated herein by reference. B. Work Orders. Where services within the Project Scope of Work require specific authorization or direction from the City or where such services would result in additional cost to the City, the City will issue orders (“Work Orders”) for performance of the Work. Contractor shall suggest Work Orders to the City when it observes any right of way mowing conditions in need of special attention. All Work Orders shall be in writing and issued by the City’s Representative (as defined herein) or his or her delegate, and accepted in writing by the Contractor’s Representative (as defined herein) or his or her delegate. Each Work Order shall identify the location and nature of the requested Work and any associated additional charge to the City. C. Supplemental Work. The City may request Work not covered by the Project Scope of Work. Such Work is considered “Supplemental” and subject to additional compensation at the unit prices set forth in Exhibit “B”, subject to the spending budget for Supplemental Work as set forth in Section III.A. Each Work Order for Supplemental Work shall specify the expected price of any Supplemental Work. A revised estimate must be approved in writing by the City’s Representative before Contractor may exceed any initially-estimated price for the Supplemental Work. The City shall follow its procurement policy in processing Supplemental Work Orders. 3 III. COMPENSATION AND METHOD OF PAYMENT A. Payment Amount. The total amount paid to Contractor in any Term shall be the lump sum price for performing the Project Scope of Work for that Term, plus the sum of all Supplemental Work services provided during the Term at the unit prices set forth in Exhibit “B”. During the initial Term (August – December 2019), Contractor shall receive the lump sum price of $85,500.00, in three equal installments for the months of August, September, and October. During the initial Term, the City’s representative will have a spending budget for Supplemental Work services of $15,000.00, which budget may not be exceeded without an amendment to this Agreement. During each twelve-month renewal Term (January – December), Contractor shall receive the lump sum price of $199,500.00, in seven equal installments for the months of April through October. During each renewal Term, the City’s representative will have a spending budget for Supplemental Work services of $100,000.00, which budget may not be exceeded without an amendment to this Agreement. B. Maximum Payment Amount. The maximum amount that can be paid to Contractor for Work performed and reimbursement for costs incurred during the initial Term shall be $100,500.00; and during any renewal Term the maximum amount shall be $299,500.00. In order to increase this amount, the Parties must execute a written amendment to this Agreement. C. Payment Terms. City agrees to pay Contractor for the Work performed and costs incurred by Contractor upon certification by City that the Work was actually performed and costs actually incurred in accordance with the Agreement. The lump sum payments for the Project shall be invoiced and paid in monthly installments as set forth in Sub-Section A above. Invoices for Supplemental Work shall be submitted monthly as that Work is performed. Compensation shall be paid to Contractor upon City’s receipt and approval of invoices, setting forth in detail the services performed and costs incurred, along with all supporting documents requested by City to process the invoice. Any material deviations in Work performed compared to Work ordered shall be clearly communicated to City before charges are incurred and necessary changes shall be handled through Work Orders as described in Section II above. City shall pay Contractor within thirty (30) days after approval of the invoice by City staff. IV. PERFORMANCE REVIEW A. Performance Monitoring. City may inspect the timeliness and quality of Contractor’s Work at any time. If City notifies Contractor of any improperly-performed Work or late performance of Work, Contractor shall correct the deficiencies at no additional cost to the City. B. Performance Review Meetings; Probation. Representatives for City and Contractor shall meet every three months to review Work performance, at no additional cost to City. In the event of a serious or repetitive deficiency, the City may inform Contractor that it is on Probation status; while on such status, City and Contractor shall meet every month to review performance, at no additional cost to City. Contractor shall remain on Probation status until two successive months of acceptable performance have elapsed. 4 C. Liquidated Damages. Contractor specifically acknowledges that TIME IS OF THE ESSENCE of this Agreement and that City will suffer loss, inconvenience and additional administrative burden if the Work is not completed timely and properly. The City and Contractor also recognize the delays, expense, and difficulties involved in proving in a legal proceeding the actual loss suffered by the City if the Work is not completed as required. If the City reasonably determines that the Contractor’s performance deficiencies have continued during any month while on Probation status, the City shall so inform the Contractor at the next monthly meeting. As liquidated damages for nonperformance (but not as a penalty), the City shall be entitled to 10% of the invoiced bill for the month in question. If, at the end of the Term, the Contractor has spent fewer than three months of the Term on Probation status and is not then on Probation status, the City shall refund any liquidated damages amounts withheld to the Contractor. This liquidated damages provision shall not take the place of any of City’s other contractual rights, including the right to terminate this Agreement for cause. D. Replacement of Unsatisfactory Workers. Contractor shall promptly remove and permanently replace any employee or subcontractor declared by the City to be unsuitable to provide Work under this Agreement, including for reasons of chronic tardiness or absenteeism, improper job attire, unprofessional attitude or behavior, or demonstrated inability or unwillingness to properly perform Work. The City shall have absolute discretion in making this determination, provided it does not act in bad faith. Contractor’s failure to comply with this provision will constitute a material breach of this Agreement. V. COVENANTS OF CONTRACTOR A. Expertise of Contractor; Licenses, Certification and Permits. Contractor 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. Contractor shall employ only persons duly qualified in the appropriate area of expertise to perform the Work described in this Agreement. Contractor covenants and declares that it has obtained all diplomas, certificates, licenses, permits or the like required of 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. Further, Contractor 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 Work, 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 Contractor, including as a result of not meeting the applicable standard of care or quality, will be provided by Contractor at no additional cost to City. B. 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, 5 Contractor agrees that, in the event it cannot perform the Work within the budgetary limitations established without disregarding sound principles of Contractor’s profession and industry, Contractor will give written notice immediately to City. C. City’s Reliance on the Work. Contractor acknowledges and agrees that City does not undertake to approve or pass upon matters of expertise of Contractor and that, therefore, City bears no responsibility for Contractor’s Work performed under this Agreement. Contractor 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 performed under this Agreement. D. Contractor’s Reliance on Submissions by City. Contractor must have timely information and input from City in order to perform the Work required under this Agreement. Contractor is entitled to rely upon information provided by City, but Contractor shall provide immediate written notice to City if Contractor knows or reasonably should know that any information provided by City is erroneous, inconsistent, or otherwise problematic. E. Contractor’s Representative. ___________________ shall be authorized to act on Contractor’s behalf with respect to the Work as Contractor’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. 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 City. As to any approved subcontractors, Contractor shall be solely responsible for reimbursing them, and City shall have no obligation to them. G. Responsibility of Contractor and Indemnification of City. Contractor covenants and agrees to take and assume all responsibility for the Work rendered in connection with this Agreement. Contractor shall bear all losses and damages directly or indirectly resulting to it and/or City on account of the performance or character of the Work rendered pursuant to this Agreement. Contractor shall defend, indemnify and hold harmless City and City’s elected and appointed officials, officers, boards, commissions, employees, representatives, Contractors, 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 Contractor, any subcontractor, anyone directly or indirectly employed by Contractor or subcontractor or anyone for whose acts or omissions Contractor 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 Contractor or other persons employed or utilized by the Contractor 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 6 exist as to any party or person described in this provision. In any and all claims against an Indemnified Party, by any employee of Contractor, its subcontractor, anyone directly or indirectly employed by Contractor or subcontractor or anyone for whose acts 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 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. H. 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 City. Nothing in this Agreement shall be construed to make Contractor or any of its employees, servants, or subcontractors, an employee, servant or agent of City for any purpose. 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 Contractors, 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. 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 City by virtue of this Agreement with Contractor. Any provisions of this Agreement that may appear to give 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 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 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. Contractor agrees not to represent itself as City’s agent for any purpose to any party or to allow any employee of Contractor to do so, unless specifically authorized, in advance and in writing, to do so, and then only for the limited purpose stated in such authorization. Contractor shall assume full liability for any contracts or agreements Contractor enters into on behalf of City without the express knowledge and prior written consent of City. I. Insurance. (1) Requirements: 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 Contractor, its agents, 7 representatives, employees or subcontractors. All policies shall be subject to approval by City as to form and content. These requirements are subject to amendment or waiver if so approved in writing by the City Manager. (2) Minimum Limits of Insurance: Contractor shall maintain the following insurance policies with coverage and limits no less than: (a) Commercial General Liability coverage of at least $1,000,000 (one million dollars) combined single limit per occurrence for comprehensive coverage including for bodily and personal injury, sickness, disease or death, injury to or destruction of property, including loss of use resulting therefrom. If a general aggregate limit applies, the general aggregate limit shall be at least twice the required occurrence limit. (b) Commercial Automobile Liability (owned, non-owned, hired) coverage of at least $1,000,000 (one million dollars) combined single limit per occurrence for comprehensive coverage including bodily and personal injury, sickness, disease or death, injury to or destruction of property, including loss of use resulting therefrom. (c) Reserved. (d) Workers’ Compensation limits as required by the State of Georgia and Employers’ Liability limits of $1,000,000 (one million dollars) per occurrence or disease. (If Contractor is a sole proprietor, who is otherwise not entitled to coverage under Georgia’s Workers’ Compensation Act, Contractor must secure Workers’ Compensation coverage approved by both the State Board of 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, Contractor shall provide a certificate of insurance indicating that such coverage has been secured and that no individual has been excluded from coverage.) (e) Commercial Umbrella Liability Coverage: $2,000,000 (two million dollars) per occurrence shall be provided and will apply over all liability policies, without exception, including but not limited to Commercial General Liability, Commercial Automobile Liability, Employers’ Liability, and Professional Liability. (3) Deductibles and Self-Insured Retentions: Any deductibles or self-insured retentions must be declared to and approved by City in writing so that City may ensure the financial solvency of Contractor; self-insured retentions should be included on the certificate of insurance. 8 (4) Other Insurance Provisions: Each policy shall contain, or be endorsed to contain, the following provisions respectively: (a) General Liability, Automobile Liability and (if applicable) Umbrella Liability Coverage. (i) Additional Insured Requirement. City and City’s elected and appointed officials, officers, boards, commissioners, employees, representatives, Contractors, 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 Contractor; products and completed operations of Contractor; premises owned, leased, or used by Contractor; automobiles owned, leased, hired, or borrowed by 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. 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 Contractor’s insurance and shall not contribute with it. (iii) Reporting Requirement. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the Insured Parties. (iv) Separate Coverage. Coverage shall state that 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 9 from Work performed by Contractor for City. (vii) Incorporation of Indemnification Obligations. Policies shall include an endorsement incorporating the indemnification obligations assumed by Contractor under the terms of this Agreement, including but not limited to Section V(G) of this Agreement. (b) Workers’ Compensation Coverage. The insurer providing Workers’ Compensation Coverage will agree to waive all rights of subrogation against the Insured Parties for losses arising from Work performed by Contractor for City. (c) All Coverages. (i) Notice Requirement. Each insurance policy required by this Agreement shall be endorsed to state that coverage shall not be suspended, voided, or canceled except after thirty (30) calendar days’ prior written notice (or 10 calendar days if due to non-payment) has been given to City. City reserves the right to accept alternate notice terms and provisions, provided they meet the minimum requirements under Georgia law. (ii) Starting and Ending Dates. Policies shall have concurrent starting and ending dates. (iii) If higher limits are maintained by Contractor than shown above, the City shall be entitled to coverage for any additional insurance proceeds in excess of the specified minimum limits maintained by the Contractor. (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 policies shall be placed with insurer(s) with an A.M. Best Policyholder’s rate of no less than “A-” and with a financial rating of Class VII or greater. The 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 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 City as an additional insured when required. The certificates of insurance and endorsements for each 10 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. City reserves the right to require complete, certified copies of all required insurance policies at any time. Contractor shall provide proof that any expiring coverage has been renewed or replaced prior to the expiration of the coverage. (7) Contractor’s Duty to Provide Notice of Reduction in Coverage: Contractor shall provide written notice to City at least thirty (30) days prior to any reduction, suspension, voiding, or cancellation of coverage. Contractor shall require the same notice to the City in all subcontractor contracts. (8) 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. (9) 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. (10) City as Additional Insured and Loss Payee: City shall be named as an additional insured and loss payee on all policies required by this Agreement, except City need not be named as an additional insured and loss payee on any Professional Liability policy or Workers’ Compensation policy. (11) Progress Payments: The making of progress payments to Contractor shall not be construed as relieving Contractor or its subcontractors or insurance carriers from providing the coverage required in this Agreement. J. Reserved K. Reserved L. 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) Contractor shall provide evidence on City-provided forms, attached hereto as Exhibits “D” and “E” (affidavits regarding compliance with the E- 11 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 Contractor’s subcontractors have registered with, are authorized to use and use the federal work authorization program commonly known as E-Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91, and that they will continue to use the federal work authorization program throughout the contract period; or (2) Contractor 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; or (3) If Contractor does not hire or intend to hire employees for purposes of satisfying or completing the terms and conditions of this Agreement, in accordance with O.C.G.A. § 13-10-91(b)(5) Contractor shall provide a copy of Contractor’s state issued driver's license or state issued identification card and a cop y of the state issued driver's license or identification card of each independent contractor utilized in the satisfaction of part or all of this Agreement. Contractor hereby verifies that it has, prior to executing this Agreement, executed a notarized affidavit, the form of which is provided in Exhibit “D”, and submitted such affidavit to City, or provided City with evidence that it is an individual not required to provide such an affidavit because it is licensed and in good standing as noted in sub-subsection (2) above, or provided City with the appropriate state issued identification as noted in sub-subsection (3) 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 Contractor employs or contracts with any subcontractor(s) in connection with the covered contract, 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 “E”, which subcontractor affidavit shall become part of the Contractor/subcontractor agreement, or evidence that the subcontractor is not required to provide such an affidavit because it is an individual licensed and in good standing as noted in sub-subsection (2) above. If a subcontractor affidavit is obtained, Contractor agrees to provide a completed copy to 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 Contractor’s and Contractor’s subcontractors’ verification process at any time to determine that the verification was correct and complete. 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 12 aliens on City contracts. By entering into a contract with City, 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 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. Contractor’s failure to cooperate with the investigation may be sanctioned by termination of the Agreement, and Contractor shall be liable for all damages and delays occasioned by City thereby. Contractor agrees that the employee-number category designated below is applicable to Contractor. [DESIGNATE/MARK APPROPRIATE CATEGORY] ____ 500 or more employees. ____ 100 or more employees. ____ Fewer than 100 employees. Contractor hereby agrees that, in the event Contractor employs or contracts with any subcontractor(s) in connection with this Agreement and where the subcontractor is required to provide an affidavit pursuant to O.C.G.A. § 13-10-91, 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. M. 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 Contractor 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 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 13 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, Contractor 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, Contractor shall make available to City or City’s representative(s) for examination all Records. Contractor will permit 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 City, shall make the Records available for inspection at City’s office. Further, Contractor shall permit 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, City or City’s representative(s) shall not interfere with or disrupt such activities. N. Ethics Code; Conflict of Interest. Contractor agrees that it shall not engage in any activity or conduct that would result in a violation of the City of Milton Code of Ethics or any other similar law or regulation. Contractor certifies that to the best of its knowledge no circumstances exist which will cause a conflict of interest in performing the 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 City. If City determines that a conflict of interest exists, City may require that Contractor take action to remedy the conflict of interest or terminate the Agreement without liability. City shall have the right to recover any fees paid for services rendered by Contractor when such services were performed while a conflict of interest existed if Contractor had knowledge of the conflict of interest and did not notify City within five (5) business days of becoming aware of the existence of the conflict of interest. Contractor 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. Contractor and City further acknowledge that it is prohibited for any payment, gratuity, or offer of employment to be made by or on behalf of a sub-Contractor under a contract to the prime Contractor or higher tier sub- Contractor, or any person associated therewith, as an inducement for the award of a subcontract or 14 order. O. Confidentiality. Contractor 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, Contractors, and/or staff to likewise protect such confidential information. Contractor agrees that confidential information it learns or 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 City. Contractor shall exercise reasonable precautions to prevent the unauthorized disclosure and use of City information whether specifically deemed confidential or not. Contractor acknowledges that City’s disclosure of documentation is governed by Georgia’s Open Records Act, and Contractor further acknowledges that if Contractor submits records containing trade secret information, and if Contractor wishes to keep such records confidential, Contractor must submit and attach to such records an affidavit affirmatively declaring that specific information in the records constitutes trade secrets pursuant to Article 27 of Chapter 1 of Title 10, and the Parties shall follow the requirements of O.C.G.A. § 50-18-72(a)(34) related thereto. P. Key Personnel. All of the individuals identified in Exhibit “F”, attached hereto, are necessary for the successful completion of the Work due to their unique expertise and depth and breadth of experience. There shall be no change in Contractor’s Project Manager or members of the Project team, as listed in Exhibit “F”, without written approval of City. Contractor recognizes that the composition of this team was instrumental in City’s decision to award the Work to Contractor and that compelling reasons for substituting these individuals must be demonstrated for City’s consent to be granted. Any substitutes shall be persons of comparable or superior expertise and experience. Failure to comply with the provisions of this paragraph shall constitute a material breach of Contractor’s obligations under this Agreement and shall be grounds for termination. Q. Authority to Contract. The individual executing this Agreement on behalf of Contractor covenants and declares that it has obtained all necessary approvals of Contractor’s 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. R. 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 Contractor (“Materials”) shall be the property of City, and City shall be entitled to full access and copies of all Materials in the form prescribed by City. Any Materials remaining in the hands of Contractor 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 Contractor may retain a copy of any deliverables for its records. 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 City, Contractor shall replace them at its own expense. Any and all copyrightable subject matter in all Materials is hereby assigned to City, and Contractor agrees to 15 execute any additional documents that may be necessary to evidence such assignment. S. 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, Contractor agrees that, during performance of this Agreement, Contractor, for itself, its assignees and successors in interest, will not discriminate against any employee or applicant for employment, any subcontractor, or any supplier because of race, color, creed, national origin, gender, age or disability. In addition, Contractor agrees to comply with all applicable implementing regulations and shall include the provisions of this paragraph in every subcontract for services contemplated under this Agreement. T. 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. VI. COVENANTS OF CITY A. Right of Entry. City shall provide right of entry for Contractor and Contractor’s materials and equipment required to complete the Work; provided that Contractor shall not unreasonably encumber the Project site(s) with materials or equipment. B. City’s Representative. Roddy Motes shall be authorized to act on City’s behalf with respect to the Work as City’s designated representative on this Agreement, provided that delivery of official notice to the City must comply with the notice provisions of Section VIII.F. VII. TERMINATION A. For Convenience. City may terminate this Agreement for convenience at any time upon providing written notice thereof at least seven (7) calendar days in advance of the termination date. B. For Cause. 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 Contractor within thirty (30) 16 calendar days of Contractor providing City with notice of a delinquent payment and an opportunity to cure. In the event of Contractor’s breach or default under this Agreement, City may terminate this Agreement for cause. City shall give Contractor at least seven (7) calendar days’ written notice of its intent to terminate the Agreement for cause and the reasons therefor. If Contractor 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 Contractor for the costs of curing the default against any sums due or which become due to Contractor under this Agreement; and/or (c) pursue any other remedy then available, at law or in equity, to City for such default. C. Payment Upon Termination. Upon termination, City shall provide for payment to Contractor 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 Project, as determined at the time of termination, not otherwise covered by the remaining unpaid price for the Project. D. Conversion to Termination for Convenience. If City terminates this Agreement for cause and it is later determined that City did not have grounds to do so, the termination will be converted to and treated as a termination for convenience under the terms of Section VII(A) above. E. Requirements Upon Termination. Upon termination, Contractor 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 Contractor in performing this Agreement, whether completed or in process, in the form specified by City. F. Reservation of Rights and Remedies. The rights and remedies of City and Contractor provided in this Article are in addition to any other rights and remedies provided under this Agreement or at law or in equity. VIII. MISCELLANEOUS A. Entire Agreement. This Agreement, including any exhibits hereto, constitutes the complete agreement between the Parties and supersedes any and all other agreements, either oral or in writing, between the Parties with respect to the subject matter of this Agreement. No other agreement, statement or promise relating to the subject matter of this Agreement not contained in this Agreement shall be valid or binding. This Agreement may be modified or amended only in a written 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 17 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. 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, Contractor 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 Contractor provides evidence that no such license is required. F. Notices. (1) Communications Relating to Day-to-Day Activities. All communications relating to the day-to-day activities of the Work, and Work Orders, shall be exchanged between City’s Representative (named above) for City and Contractor’s Representative (named above) for 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 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, GA 30004 18 NOTICE TO CONTRACTOR shall be sent to: Ashford Gardeners, Inc Attn: Ed Whittle 16040 Birmingham Hwy Milton, GA 30004 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 Contractor with this Agreement, and no custom or practice of City at variance with the terms and conditions of this Agreement shall constitute a general waiver of any future breach or default or affect City’s right to demand exact and strict compliance by 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 and insurance maintenance requirements. I. No Third Party Rights. This Agreement shall be exclusively for the benefit of the Parties and shall not provide any third parties with any remedy, claim, liability, reimbursement, cause of action or other right. J. Sovereign Immunity; Ratification. Nothing contained in this Agreement shall be construed to be a waiver of City’s sovereign immunity or any individual’s qualified, good faith or official immunities. Ratification of this Agreement by a majority of the Mayor and City Council shall authorize the Mayor to execute this Agreement on behalf of City. K. No Personal Liability. Nothing herein shall be construed as creating any individual or personal liability on the part of any of City’s elected or appointed officials, officers, boards, commissions, employees, representatives, Contractors, servants, agents, attorneys or volunteers. No such individual shall be personally liable to Contractor or any successor in interest in the event of any default or breach by City or for any amount which may become due to 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 contractual liability, except where Contractor is a sole proprietor. The Parties agree that, except where Contractor is a sole proprietor, their sole and exclusive remedy, claim, demand or suit for contractual liability shall be directed and/or asserted only against Contractor or City, respectively, and not against any elected or appointed official, officers, boards, commissions, employees, representatives, Contractors, servants, agents, attorneys and volunteers. 19 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. Contractor represents that it has reviewed and become familiar with this Agreement. In the event of a conflict in the terms of this Agreement and/or the exhibits attached hereto, the terms most beneficial to City shall govern. The Parties hereto agree that, if an ambiguity or question of intent or interpretation arises, this Agreement is to be construed as if the Parties had drafted it jointly, as opposed to being construed against a Party because it was responsible for drafting one or more provisions of the Agreement. In the interest of brevity, the Agreement may omit modifying words such as “all” and “any” and articles such as “the” and “an,” but the fact that a modifier or an article is absent from one statement and appears in another is not intended to affect the interpretation of either statement. Words or terms used as nouns in the Agreement shall be inclusive of their singular and plural forms, unless the context of their usage clearly requires contrary meaning. M. Force Majeure. Neither City nor Contractor shall be liable for its respective non- negligent or non-willful failure to perform or shall be deemed in default with respect to the failure to perform (or cure a failure to perform) any of its respective duties or obligations under this Agreement or for any delay in such performance due to: (i) any cause beyond its respective reasonable control; (ii) any act of God; (iii) any change in applicable governmental rules or regulations rendering the performance of any portion of this Agreement legally impossible; (iv) earthquake, fire, explosion or flood; (v) strike or labor dispute, excluding strikes or labor disputes by employees and/or agents of 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. N. 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 City at law or in equity. IN WITNESS WHEREOF City and Contractor have executed this Agreement, effective as of the Effective Date first above written. [SIGNATURES ON FOLLOWING PAGE] 20 CONTRACTOR: Ashford Gardeners, Inc. Signature: ___________________________________ Print Name: _____________________________ Title: President/Vice President (Corporation) [CORPORATE SEAL] (required if corporation) Attest/Witness: Signature: _______________________________ Print Name: _____________________________ Title: __________________________________ CITY OF MILTON, GEORGIA ________________________________________ By: Joe Lockwood, Mayor [CIT Y SEAL] Attest: Signature: ________________________________ Print Name: ______________________________ Title: City Clerk Approved as to form: _______________________________ City Attorney EXHIBIT “A” ITB 19-PW09 1 | P a g e Bid Number: 19-PW09 Project Name: Right of Way Mowing Services Due Date and Time: June 18, 2019 Local Time: 2:00pm Number of Pages: 92 ISSUING DEPARTMENT INFORMATION Issue Date: May 23, 2019 City of Milton Public Works Department 2006 Heritage Walk Milton, GA 30004 Phone: 678-242-2500 Fax: 678-242-2499 Website: www.cityofmiltonga.us INSTRUCTIONS TO BIDDERS Return Submittal to: City of Milton Attn: Honor Motes, Purchasing Office 2006 Heritage Walk Milton, GA 30004 Mark Face of Envelope/Package: Bid Number: 19-PW09 Name of Company or Firm Special Instructions: Deadline for Written Questions June 3, 2019 at 5:00 pm Email questions to Honor Motes at honor.motes@cityofmiltonga.us BIDDERS MUST COMPLETE THE FOLLOWING Bidder Name/Address: Authorized Bidder Signatory: (Please print name and sign in ink) Bidder Phone Number: Bidder FAX Number: Bidder Federal I.D. Number: Bidder E-mail Address: BIDDERS MUST RETURN THIS COVER SHEET WITH BID RESPONSE CITY OF MILTON INVITATION TO BID (THIS IS NOT AN ORDER) ITB 19-PW09 2 | P a g e Table of Contents Topic Page Definitions 3 Invitation to Bid 4 Schedule of Events 6 Bidding Instructions (What must be submitted) 7 Insurance Requirements 8 Qualifications Signature and Certification 12 Corporate Certificate 12 List of Subcontractors 13 Contractor Affidavit and Agreement (eVerify) 14 Disclosure Form 15 Project Specifications 16 Bid Submittal Form 25 Sample Contract Agreement 27 ITB 19-PW09 3 | P a g e 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 19-PW09 4 | P a g e Invitation to Bid 19-PW09 The City of Milton is accepting sealed bids from qualified firms for the Right of Way Mowing Services for the Public Works Department. 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 June 18, 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 (19-PW09) 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 June 3, 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 June 6, 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 (19-PW09) and bid name (Right of Way Mowing Services) when requesting information. Bidders must sign and return any addendum with their ITB submittal. 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 19-PW09 5 | P a g e *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 same information as provided in the hard copy “Original”. ITB 19-PW09 6 | P a g e SCHEDULE OF EVENTS FOR REFERENCE ONLY - DO NOT SUBMIT WITH BID RESPONSE EVENT DATE ITB Issue Date May 23, 2019 Deadline for Receipt of Written Questions 5 PM on June 3, 2019 Posting of Written Answers by City to Websites on or about June 6, 2019 ITB DUE No Later than 2:00 PM on June 18, 2019 Tentative Contract Award (on/about) July 8, 2019 Notice to Proceed (on/about) August 1, 2019 NOTE: PLEASE CHECK THE CITY WEBSITE (http://www.cityofmiltonga.us) FOR ADDENDA AND SCHEDULE UPDATES. ITB 19-PW09 7 | P a g e BIDDING INSTRUCTIONS FAILURE TO RETURN THE FOLLOWING BID DOCUMENTS COULD RESULT IN THE BID BEING DEEMED NON-RESPONSIVE AND BEING REJECTED: Item Description Page(s) 1 Filled out and Signed Invitation to Bid (Cover Sheet) 1 2 Qualifications Signature and Certification 12 3 List of Subcontractors 13 4 Contractor Affidavit and Agreement (eVerify) 14 5 Disclosure Form 15 6 Bid Submittal Form 25-26 INFORMATION AND INSTRUCTIONS The purpose of this solicitation is to enter into a lump sum “purchasing contract” with one firm to be the primary supplier of the Right of Way Mowing Services, ITB 19-PW09. The term of this Agreement shall commence on or about August 1, 2019 and shall automatically renew, in accordance with the contract documents , each year for an initial term of three (3) years. Upon mutual agreement of both parties the Agreement may be extended on an annual basis for an additional two (2) years. No specification expressed or implied shall be construed as any type of restrictive specification that would limit competition. Unless clearly shown as “no substitute” or any words to that effect, any items in these contract documents which have been identified, described or referenced by a brand name or trade name are for reference only. Such identification is intended to be descriptive but not restrictive and is to indicate the general quality and characteristics of products that may be offered. Each bid item for which an equivalent item is proposed must be individually identified on the bid sheet with the following information: brand name, model or manufacturer’s number or identification regularly used in the trade. Photographs, specifications and cut sheets shall be provided of the proposed alternative. The City shall be the sole judge of the suitability of the proposed alternative and may consider function, design, materials, construction, workmanship, finishes, operating features, overall quality, local service facilities, warranty terms and service or other relevant features. ITB 19-PW09 8 | P a g e The City reserves the right to cancel the contract at any time with 30 days written notice. Title to any supplies, materials, equipment or other personal property shall remain the Contractors’ until fully paid for by the City. All items to be bid FOB, Milton, Georgia. No sales taxes are to be charged. Any damage to any building or traffic control device, or equipment incurred during the course of work shall be repaired at the contractor’s expense to the complete satisfaction of the City of Milton with no add itional expense to the City. EVALUATION The City intends to evaluate the ITB on the lowest, responsible, and responsive bidder. Bids may be found nonresponsive at any tim e 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. INSURANCE REQUIREMENTS 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, ITB 19-PW09 9 | P a g e representatives, employees or subcontractors. All policies shall be subject 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. ITB 19-PW09 10 | P a g e (iii) Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City or City Parties. (iv) Coverage shall state that the Contractor’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (v) Coverage shall be provided on a “pay on behalf” basis, with defense costs payable in addition to policy limits. There shall be no cross liability exclusion. (vi) The insurer agrees to waive all rights of subrogation against the City and City Parties for losses arising from Work performed by the Contractor for the City for General Liability coverage only. (b) Workers' Compensation Coverage: The insurer providing Workers’ Compensation Coverage will agree to waive all rights of subrogation against the City and City Parties for losses arising from Work performed by the Contractor for the City. (c) All Coverages: (i) Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled, reduced in coverage or in limits except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. (ii) Policies shall have concurrent starting and ending dates. (5) Acceptability of Insurers: Insurance is to be placed with insurers authorized to do business in the State of Georgia and with an A.M. Bests' rating of no less than A:VI. (6) Verification of Coverage: Contractor shall furnish the City with certificates of insurance and endorsements to the policies evidencing coverage required by this clause prior to the start of Work. The certificate of insurance and endorsements shall be on a form utilized by Contractor’s insurer in its normal course of business and shall be received and approved by the City within ten (10) days of the Notice of Award. The City reserves the right to require complete, certified copies of all required insurance policies, at any ITB 19-PW09 11 | P a g e time. The Contractor shall provide proof that any expiring coverage has been renewed or replaced at least two (2) weeks prior to the expiration of the coverage. (7) Subcontractors: Contractor shall include all subcontractors as insureds under its 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 term ination 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. OATH 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). COST OF PREPARING A BID 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 19-PW09 12 | P a g e [BIDDERS MUST RETURN THIS FORM WITH BID RESPONSE] QUALIFICATIONS SIGNATURE AND CERTIFICATION I certify that this offer is made without prior understanding, agreement, or connection with any corporation, firm, or person submitting a proposal for the same materials, supplies, equipment, or services and is in all respects fair and without collusion or fraud. I understand collusive bidding is a violation of State and Federal Law and can result in fines, prison sentences, and civil damage awards. I agree to abide by all conditions of the proposal and certify that I am authorized to sign this proposal for the proposer. I further certify that the provisions of the Official Code of Georgia Annotated, including but not limited to Title 32, Chapter 4, Article 4, Part 2 and Sections 45-10-20 et seq. have not been violated and will not be violated in any respect. Authorized Signature______________________________Date_______________________ Print/Type Name______________________________________________________________ Print/Type Company Name Here_______________________________________________ CORPORATE CERTIFICATE I, ___________________________________, certify that I am the Secretary of the Corporation named as Contractor in the foregoing bid; that _______________________________________ who signed said bid in behalf of the Contractor, was then (title)_________________________ of said Corporation; that said bid was duly signed for and in behalf of said Corporation by authority of its Board of Directors, and is within the scope of its corporate powers; that said Corporation is organized under the laws of the State of _________________________________. This _________________ day of ________________, 20______ ______________________________________(Seal) (Signature) ITB 19-PW09 13 | P a g e [BIDDERS MUST RETURN THIS FORM WITH BID RESPONSE] LIST OF SUBCONTRACTORS I do _________, do not _______, propose to subcontract some of the work on this project. I propose to Subcontract work to the following subcontractors: Company Name:___________________________________________________ ITB 19-PW09 14 | P a g e [BIDDERS MUST RETURN THIS FORM WITH BID RESPONSE] EXHIBIT “_D_” CONTRACTOR AFFIDAVIT AND AGREEMENT STATE OF GEORGIA CITY OF MILTON By executing this affidavit, the undersigned contractor verifies its compliance with O.C.G.A. § 13 - 10-91, stating affirmatively that the individual, firm, or corporation which is engaged in the physical performance of services on behalf of the City of Milton has registered with, is authorized to use and uses the federal work authorization program commonly known as E -Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91. Furthermore, the undersigned contractor will continue to use the federal work authorization program throughout the contract period and the undersigned contractor will contract for the physical performance of services in satisfaction of such contract only with subcontractors who present an affidavit to the contractor with the information required by O.C.G.A. § 13-10-91(b). Contractor hereby attests that its federal work authorization user identification number and date of authorization are as follows: _________________________________ eVerify Number _________________________________ Date of Authorization _________________________________ Name of Contractor Right of Way Mowing Services Name of Project City of Milton, Georgia Name of Public Employer I hereby declare under penalty of perjury that the foregoing is true and correct. Executed on ______, ___, 201__ in _____(city), ______(state). Signature of Authorized Officer or Agent _______________________________ Printed Name and Title of Authorized Officer or Agent _______________________________ SUBSCRIBED AND SWORN BEFORE ME ON THIS THE ______ DAY OF ______________,201__. _________________________________ NOTARY PUBLIC [NOTARY SEAL] My Commission Expires: _________________________________ ITB 19-PW09 15 | P a g e [BIDDERS MUST RETURN THIS FORM WITH BID RESPONSE] DISCLOSURE FORM This form is for disclosure of campaign contributions and family member relations with City of Milton officials/employees. Please complete this form and return as part of your bid package when it is submitted. Name of Bidder __________________________________________________ Name and the official position of the Milton Official to whom the campaign contribution was made (Please use a separate form for each official to whom a contribution has been made in the past two (2) years.) ________________________________________________________________ List the dollar amount/value and description of each campaign contribution made over the past two (2) years by the Applicant/Opponent to the named Milton Official. Amount/Value Description ________________ ___________________________________________ ________________ ___________________________________________ Please list any family member that is currently (or has been employed within the last 9 months) by the City of Milton and your relation: ________________ ___________________________________________ ___________________ ____________________________________________________ ITB 19-PW09 16 | P a g e PROJECT SPECIFICATIONS Right of Way Mowing: A. General Requirements. 1. The grass cutting program will consist of the following activities: Right- of-Way (ROW), paved and gravel roads, and pastures within City properties. In each instance, the following will be required: a. ROW cutting will be defined as horizontal and vertical. i. The vertical component expectation is to match vertical to horizontal when necessary to increase sight visibility above grade “L” pattern. The intent here is to remove the foliage that interferes with operator when cutting from the shoulder. ii. The vertical component linked with the above expectation may be necessary only once per season. iii. The additional vertical component is associated to sight visibility issues usually greater that 60” above grade to a height of 15’, tree limbs or shrubs encroaching into the roadway especially in and around inside curve radii. (Not to exceed 10 directional miles annually). b. Mowing Complete status means the Mowing Limits area will be left uniform in appearance at a height less than six (6) inches after mowers have passed. i. All mowing equipment will use turf tires ii. Damaged r/w due to mowing will be repaired by Contractor c. Clean up all debris, trash and litter, before and/or after mowing for proper disposal in accordance with local, state and federal regulations. Contractor may utilize the 30cy dumpster at the Public Works yard (16050 Old Bullpen Road). d. Trimming around all roadside obstacles, i.e. sign posts, fire hydrants, traffic control boxes, guardrail etc., within the right-of- way. ITB 19-PW09 17 | P a g e e. If used, tractors will have a road gear >19 MPH and zero turn type mowers will be transported vs. driving in roadway. The objective is to reduce traffic congestion. 2. As require by NPDES the Contractor shall include with the monthly invoice the applicable sheets “Milton Collectors” and “Unpaved Roads” (enclosed herein) listing the dates and amount of litter/debris removal. 3. The Contractor shall provide a communication link to include (Voice, Text, and Email) for all essential crews, to provide communication between the crews and the city representative. This contact information will be provided to the city representative. 4. The Contractor will notify the city contact, via email, when they enter the city to start the monthly program and upon exit for final review by the city representative. The city representative will determine and confirm the Mowing Complete status. If such status is not granted upon City’s review, the Contractor shall bring the mown area(s) into compliance at no additional cost to the City. 5. All debris removed in the execution of any work order or project shall be properly disposed in accordance with all applicable local, state and federal regulations. Debris returned to the Public Works yard area for disposal shall be transferred to the provided 30 cubic yard dumpster immediately. If any question arises about disposal it will be the Contractor’s responsibility to notify the City for instructions. Scattering or wasting debris along the right of way or edge of wood lines will not be permitted without prior approval from the city representative. 6. The Contractor shall maintain adequate traffic control for in conformance with current GDOT and MUTCD standards Part 6 - Temporary Traffic Control while performing all maintenance tasks that require work in the right of way. The Contractor shall provide all ITB 19-PW09 18 | P a g e personal protection equipment for all employees. 7. Contractor shall appoint a Project Lead that may be required to attend staff meetings during mowing season. The Project Lead will be held responsible for quality control of his/her work force. Project Lead shall notify the City via email of roads to be mowed in the upcoming week, and work completed in the prior week. 8. The Contractor will notify the City representative of any rotation of crew members a minimum of one (1) week prior any rotation. The rotation of certified staff with non-certified staff will not be permitted. Key staff members, as identified in the contract documents, may only be replaced as outlined in those documents. The City reserves the right to require the replacement of any team members that the City determines do not meet the minimum education al, training or experience standards expected by the industry, or by their actions and demeanor have failed to display the character and professionalism required by the City. 9. In the event the designated Project Manager terminates employment with the Contractor or is requested by the City to be removed from the role of Project Manager, the position shall be assumed by an individual with equivalent qualifications, experience, and knowledge. Such replacement shall require the City’s prior approval. 10. The Contractor shall be solely and completely responsible for initiating, maintaining, and supervising all safety precautions and programs in connection with the work. The Contractor shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury, or loss to all employees on the work site and other persons including, but not limited to, the general public who may be affected thereby. 11. The Contractor shall not replace the approved Project Manager without written approval of the City, which approval will not be ITB 19-PW09 19 | P a g e unreasonably withheld. B. Right-of-Way (ROW) Mowing 1. Paved Roadway (62 centerline miles) - Mow and trim the entire area horizontally to a height less than six (6) inches within the Mowing Limits, and in some areas vertically. The Mowing Limits are defined from curb or edge of pavement to right of way limit (approx. 12’ to 20’ from edge of pavement), or to natural tree line if applicable, that is not currently being maintained by adjacent land owners. 2. Trim vegetation to a height less than six (6) inches within the Mowing Limits that are inaccessible by Tractor/Zero Turn Mower. This includes trimming in front of, behind, under or around, and beyond roadside obstacles, landscape beds, established/planted trees, shrubs or areas that provide an attractive uniform appearance and difficult terrain areas. 3. Trim vegetation located at, under, or near bridge structures including bridge end rolls and riprap areas within the right of way. a. Trim all vegetation under and around trees greater than three (3) inches caliper (4-1/2 feet above ground) that exists around bridges. b. Trim vegetation on bridge ends and bridge end rolls to the right of way or natural tree line. If trees exist within fifteen (15) feet around or adjacent to the bridge; trim vegetation under and around the trees, or as directed by the City. Continue trimming down slope or upslope to meet the Mowing Limits. 4. Gravel Roadway (13 centerline miles) - Mow and trim the entire area from edge of road to ROW limit (approx. 10’ from edge of road) that is not currently being maintained by adjacent landowners. Contractor shall remove all debris that would be scattered from cutting. 5. Mowing operations will begin on or about April 1 of each year and end ITB 19-PW09 20 | P a g e on or about October 20 of each year. Begin mowing for each cycle on the first day of the month or on a date approved by the City and complete each cycle by the 20th of the same month. Complete a Mowing Cycle without interruption and before beginning a new Mowing Cycle. 6. Where trails, sidewalk or curb and gutter exist outside of established subdivisions the Contractor shall ensure those areas are edged and maintained. This includes where grass and/or weeds are growing between the curb and gutter and pavement, between the curb and gutter and sidewalk, expansion joints in the curb and gutter and expansion joints in the sidewalk. 7. Signalized Intersections, where islands exist, shall be trimmed and kept free of weeds maintaining a general neat appearance. This includes areas of grass and/or weeds between the curb and gutter and edge of pavement including all expansion joints. Grass islands must be kept to the same standard. C. Pasture and Pocket Park Cutting Contractor shall be responsible for pasture cuttings: • Birmingham Park (approx.15.5 acres) • Pocket Park West (approx. 2 acres), • Freemanville/Birmingham Park (approx. 18 acres) This property will require weed control around the exterior up to the right of way and cross fencing; • This activity shall be coordinated with a Public Works Representative prior to commencement. Properties identified in these sections shall be cut a minimum of twice per year in May and September unless otherwise instructed. Additional cuts requested by the City, as well as additional property acquisitions by the City, shall be charged at the rate established on the bid sheets. D. Roads to be Mowed ITB 19-PW09 21 | P a g e Table A.1. Paved Roads MILTON COLLECTORS Date Road Name From To Length in Mi. Length in Shoulder Mi. # of Litter Bags Removed Batesville Rd Birmingham Hwy Cherokee Co Line 1.28 2.56 Bethany Bend Hopewell Rd Cogburn Rd 1.07 2.14 Bethany Bend Cogburn Rd SR9 Cumming Hwy 0.42 0.84 Bethany Bend SR9 Cumming Hwy Morris Rd 1.37 2.74 Bethany Rd Mayfield Rd Haygood Rd 1.50 3.00 Bethany Way Haygood Rd Hopewell Rd 0.68 1.36 Birmingham Rd SR372 Freemanville Rd 0.73 1.46 Birmingham Rd Freemanville Rd Hopewell Rd 1.97 3.94 Broadwell Rd Crabapple Rd City Limits 0.35 .070 Charlotte Rd Mayfield Rd Mid Broadwell Rd 0.23 0.46 Cogburn Rd Webb Rd Bethany Bend 1.41 2.82 Cogburn Rd Bethany Bend Francis Rd 1.34 2.68 Cogburn Rd Alpharetta City Limits Cogburn/Windward 1.08 0.16 Cox Rd SR140 King Rd 0.69 1.38 Deerfield Pkwy Cumming Hwy Webb Rd 0.75 1.50 Deerfield Pkwy Webb Rd Alpharetta City Limits 0.91 1.82 Dinsmore Rd Freemanville Rd Thompson Rd 1.70 3.40 Dorris Rd New Providence Rd Birmingham Hwy 1.30 2.60 Ebenezer Rd Varies 0.22 0.44 Francis Rd Cogburn Rd Forsyth County Line 1.54 3.08 Freemanville Rd Providence Rd Mayfield Rd 1.74 3.48 Freemanville Rd Birmingham Rd Providence Rd 3.48 6.96 Freemanville Rd Birmingham Rd Mountain Rd 2.05 4.10 Green Rd Arnold Mill Rd Crabapple Rd 0.50 1.00 Hamby Rd Hopewell Rd Forsyth County Line 1.25 2.50 Haygood Rd Redd Rd Bethany Rd 0.49 0.98 Henderson Rd Birmingham Rd Freemanville Rd 1.26 2.52 Hickory Flat Rd Birmingham Hwy Cherokee County Line 1.31 2.62 Hopewell Rd Cogburn Rd Alpharetta City Limits 3.67 7.34 Hopewell Rd Cogburn Rd Phillips Rd 4.00 8.00 King Rd Varies 0.38 .076 Liberty Grove Rd 200’ East of Traffic Circle SR372 (Birmingham Hwy) 0.37 0.74 Lively Rd Longstreet Rd Forsyth County Line 0.28 0.56 ITB 19-PW09 22 | P a g e Longstreet Rd Hopewell Rd Forsyth County Line 1.02 2.04 Mayfield Rd Birmingham Hwy Alpharetta City Limits 0.80 1.60 McGinnis Ferry Rd Morris Rd Georgia 400 0.64 1.28 Mid Broadwell Rd Mayfield Rd Charlotte Dr 0.35 0.70 Morris Rd Deerfield Pkwy Webb Rd 0.78 1.56 Morris Rd Webb Rd McGinnis Ferry Rd 0.56 1.12 Mountain Rd Hopewell Rd Freemanville Rd 1.64 3.28 New Bullpen Rd Birmingham Hwy Cherokee County Line 0.78 1.56 New Providence Rd Birmingham Hwy Arnold Mill Rd 3.58 7.16 Phillips Rd Hopewell Rd Mountain Rd 0.60 1.20 Providence Rd Birmingham Hwy Freemanville Rd 0.67 1.34 Providence Rd Freemanville Rd Bethany Rd 0.98 1.96 Providence Rd Bethany Rd Alpharetta City Limits 1.29 2.58 Ranchette Rd Arnold Mill Rd New Providence Rd 0.60 1.20 Redd Rd Hopewell Rd Freemanville Rd 1.11 2.22 Taylor Rd Batesville Rd Birmingham Hwy 1.47 2.94 Thompson Rd Hopewell Rd Redd Rd 2.40 4.80 Thompson Rd Hopewell Rd Francis Rd 1.86 3.72 Webb Rd Cogburn/Windward SR9 Cumming Hwy 0.46 0.92 Webb Rd SR9 Cumming Hwy Deerfield Pkwy 0.40 0.80 Webb Rd Deerfield Pkwy Morris Rd 0.26 0.52 Total Mileage: 62.57 125.14 ITB 19-PW09 23 | P a g e Table A.2. Unpaved Gravel Roads UNPAVED GRAVEL ROADS Date Road Name From To Length in Mi. Length in Shoulder Mi. # of Litter Bags Removed Black Oak Rd Hopewell Rd Dead End 0.28 0.56 Brittle Rd Redd Rd Haygood Rd 0.78 1.56 Burgess Cir Hopewell Rd Thompson Rd 0.04 0.08 Burgess Dr Burgess Cir Dead End 0.35 0.70 Christophers Run Thompson Rd Dead End 0.41 0.82 Clarity Rd Hickory Flat Rd Cherokee County Line 0.36 0.72 Cowart Rd Summit Rd Dead End 0.07 0.14 Darby Rd Hickory Flat Rd Rowe Rd 0.55 1.10 Day Rd Birmingham Rd Dead End 0.10 0.20 Holly Rd SR140 Dead End 0.29 0.58 King Cir King Rd Dead End 0.36 0.72 Knox Hill Dr Birmingham Hwy (SR372) Dead End 0.25 0.50 Lackey Rd SR140 Roswell City Limits 0.53 1.06 Land Rd Hopewell Rd Longstreet Rd 0.34 0.68 Landrum Rd Freemanville Rd Birmingham Hwy (SR372) 0.57 1.14 Lively Rd Longstreet Rd Forsyth County Line 0.18 0.36 Louis Rd Freemanville Rd Dead End 0.13 0.26 Nix Rd Freemanville Rd Birmingham Hwy (SR372) 0.92 1.84 Old Cogburn Rd Cogburn Rd Dead End 0.16 0.32 Old Dorris Rd Birmingham Hwy (SR372) Dead End 0.10 0.20 Old Holly Rd SR140 Dead End 0.10 0.20 Old Henderson Rd Henderson Rd Henderson Rd 0.30 0.60 Phillips Cir Freemanville Rd Freemanville Rd 0.71 1.42 Rowe Rd Hickory Flat Rd Dead End 0.70 1.40 Simmons Hill Rd Birmingham Hwy (SR372) Dead End 0.14 0.28 Spring Falls Rd Birmingham Hwy (SR372) Dead End 0.13 0.26 Summit Rd Brittle Rd Freemanville Rd 0.82 1.64 Sweet Apple Rd SR140 Ebenezer Rd 0.46 0.92 Westbrook Rd Mountain Rd Cherokee County Line 0.25 0.50 Westbrook Rd Mountain Rd Hopewell Rd 1.30 2.60 Wood Rd Phillips Cir Birmingham Hwy (SR372) 1.42 2.84 Total Mileage: 13.10 26.20 ITB 19-PW09 24 | P a g e E. Pricing for Grass Cutting Provide line item costs in accordance with the requirements of Project specifications. Prices shall be all inclusive with labor, material, and expenses. ITB 19-PW09 25 | P a g e [BIDDERS MUST RETURN THIS FORM WITH BID RESPONSE] Bid Submittal Form – (Page 1 of 2) Right of Way Mowing Services 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 SIGNATURE____________________________________________________ PRINT / TYPE NAME __________________________________________________________ TITLE _______________________________________________________________________ Print Total Bid Price ______________________________________ ITB 19-PW09 26 | P a g e [BIDDERS MUST RETURN THIS FORM WITH BID RESPONSE] Bid Submittal Form – (Page 2 of 2) Right of Way Mowing Services Costs should include all labor, materials and equipment necessary to provide the item listed. Right of Way Mowing Services $____________________ LS Supplemental Costs: Item Cost Unit Additional Right of Way Mowing Per Mile Additional Right of Way Mowing * Less than ½ mile Additional Vertical Mowing Per Mile Additional Pasture/Open Area Cutting Per Acre * Some areas may require ROW mowing with a total area ranging from 150 ft to less than ½ mile. The pricing ranges above are listed to address those applicable areas. 1 | P a g e ITB1 9 -PW0 9 -A d d e n d u m #1 ACKNOWLEDGEMENT RECEIPT OF ADDENDUM #1 ITB 19-PW09 Upon receipt of documents, please email, fax or mail this page to: City of Milton Attn: Honor Motes, Purchasing Office 2006 Heritage Walk Milton, GA 30004 Phone: 678-242-2500 Fax: 678-242-2499 Email: honor.motes@cityofmiltonga.us I hereby acknowledge receipt of documents pertaining to the above referenced ITB. COMPANY NAME: ___________________________________________ CONTACT PERSON: _________________________________________ ADDRESS: __________________________________________________ CITY: _________________ STATE: ____________ ZIP: _____________ PHONE: ______________________ FAX: _________________________ EMAIL ADDRESS: ___________________________________________ ____________________________________ ______________________ Signature Date ADDENDUM #1 2 | P a g e ITB1 9 -PW0 9 -A d d e n d u m #1 ADDENDUM #1 ITB 19-PW09 Questions, Answers and DUE DATE EXTENSION This Addendum forms a part of the contract documents and modifies the original ITB documents as noted below: DUE DATE EXTENSION: Responses to this ITB must be received no later than 2:00 p.m. EST on Tuesday, June 25, 2019. Additional questions to this Addendum #1 must be submitted by 5:00 p.m. on Friday, June 14, 2019. If applicable, Addendum #2 will be posted on Wednesday, June 19, 2019. Questions and Answers 1. After riding all of the gravel roads, it appears as though there would be the need for Vertical mowing on many of them. In the scope discussion, specifically page 16and 19, are we to complete Vertical Mowing each cycle or will that be specified when/where by the city. It will be specified. 2. On page 19, it specifies that vegetation and encroaching plant material should be trimmed away from the guardrails. Is this something that has been added to the current ITB and was not a part of the old RFP, because it doesn’t appear to be taking place. Just trying to get a feel for the level of service expected for this specific service. It is and was required each cycle. Zero trimming has taken place in 2019. 3. Concerning the Pasture mowing for the parks; we had trouble discerning & locating all three parks listed. We did find what we think was Freemanville/Birmingham park but were not sure if that is what we were looking at or Birmingham park. Can you please provide more specifics as to the locations because Google doesn’t show these based on name alone. Thank you! The specific areas are identified in red on the images below: 3 | P a g e ITB1 9 -PW0 9 -A d d e n d u m #1 4 | P a g e ITB1 9 -PW0 9 -A d d e n d u m #1 5 | P a g e ITB1 9 -PW0 9 -A d d e n d u m #1 4. What is expectation for the vertical pruning? Vertical bush hogging that will leave splintered, broken, hanging limbs? Gas shear foliage back slightly? Proper arboricultural pruning with cuts all the way back to branch collars or sufficient lateral limbs? Straight up to 15’ height leaving stub cuts? Vertical bush hogging. 5. Should we assume total mileage will need this type of vertical pruning? 10 directional miles per season. The City will provide the areas annually. 6. Would it be possible to break this piece out separately to not skew the mowing #? No. 7. Does the vertical mowing component apply to the gravel roads too? It could if sight visibility becomes an issue. 8. Please clarify what type of weed control, square footage, and boundaries, and frequency of weed control at Birmingham park noted here: TBD by bidder (see images below) o “Freemanville/Birmingham Park (approx. 18 acres) This property will require weed control around the exterior up to the right of way and cross fencing” 6 | P a g e ITB1 9 -PW0 9 -A d d e n d u m #1 This area is owned by the City and it is wrapped and cross fenced with 4 board horse-fence. This area will require all of the r/w to be cut and weed control underneath the fencing as noted below. 7 | P a g e ITB1 9 -PW0 9 -A d d e n d u m #1 **The following page replaces Page 2 of the Original Bid Submittal Form** 8 | P a g e ITB1 9 -PW0 9 -A d d e n d u m #1 [BIDDERS MUST RETURN THIS FORM WITH BID RESPONSE] **This Page Replaces Page 2 of the Original Bid Submittal Form** [BIDDERS MUST RETURN THIS FORM WITH BID RESPONSE] Bid Submittal Form – (Page 2 of 2) Right of Way Mowing Services Costs should include all labor, materials and equipment necessary to provide the item listed. Right of Way Mowing Services $____________________ LS Supplemental Costs: * Some areas may require ROW mowing with a total area ranging from 150 ft to less than ½ mile. The pricing ranges above are listed to address those applicable areas. Item Cost Unit Additional Right of Way Mowing Per Mile Additional Right of Way Mowing * Less than ½ mile Additional Vertical Mowing Per Mile Additional Pasture/Open Area Cutting Per Acre Additional Finish Mowing (Zero Turn) Per Acre One Person String Trimming Per Hour One Person Debris Blowing Per Hour Fertilizer 13-13-13 300# per acre applied Per Acre Applied Lime1.5 Tons per acre applied Per Acre Applied 1 | P a g e ITB1 9 -PW0 9 -A d d e n d u m #2 ACKNOWLEDGEMENT RECEIPT OF ADDENDUM #2 ITB 19-PW09 Upon receipt of documents, please email, fax or mail this page to: City of Milton Attn: Honor Motes, Purchasing Office 2006 Heritage Walk Milton, GA 30004 Phone: 678-242-2500 Fax: 678-242-2499 Email: honor.motes@cityofmiltonga.us I hereby acknowledge receipt of documents pertaining to the above referenced ITB. COMPANY NAME: ___________________________________________ CONTACT PERSON: _________________________________________ ADDRESS: __________________________________________________ CITY: _________________ STATE: ____________ ZIP: _____________ PHONE: ______________________ FAX: _________________________ EMAIL ADDRESS: ___________________________________________ ____________________________________ ______________________ Signature Date ADDENDUM #2 2 | P a g e ITB1 9 -PW0 9 -A d d e n d u m #2 ADDENDUM # 2 ITB 19-PW09 This Addendum forms a part of the contract documents and modifies the original ITB documents as noted below: Questions and Answers 1. Some parts of the roadways drop off pretty significantly. Is it the City’s intent that these are Boom mowed or by weed eating (specifically Freeman Rd)? ~ For these type areas we will require a minimum of 10’ off edge of pavement trimmed flat not necessarily contoured. 2. On the areas that have not been serviced in years, specifically the ROW shoulders, is these areas an addition to previous scope or fall in with the current RFP scope of work? ~ They fall within the current scope of work. Sample Contract Intentionally Omitted EXHIBIT “B” CITY OF MILTON MitTON INVITATION TO BID FSTABLiSHLD2006 (THIS IS NOT AN ORDER) Bid Number: Project Name: 19-PW09 Right of Way Mowing Services Due Date and Time: Number of Pages: 92 June 18, 2019 Attn: Honor Motes, Purchasing Office Local Time: 2:00pm Special Instructions: ISSUING DEPARTMENT INFORMATION Issue Date: May 23, 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: ASHFORD GARDENERS, INC. Bid Number: 19-PW09 City of Milton Name of Company or Firm Attn: Honor Motes, Purchasing Office (Please prn na Special Instructions: 2006 Heritage Walk Milton, GA 30004 Deadline for Written Questions Bidder Federal I.D. Number_ June 3, 2019 at 5:00 pm 58-2467733 Email questions to Honor Motes at BIDDERS MUST RETURN THIS COVER SHEET WITH honor.mofes@cityofmilfon a.us BIDDERS MUST COMPLETE THE FOLLOWING Bidder Name/Address: Authorized Bidder Signatory: ASHFORD GARDENERS, INC. 16040 BIRMINGHAM HWY �,,g MILTON, GA 30004 (Please prn na Bidder Phone Number: Bidder FAX Number: 770-664-1060 770-664-6476 Bidder Federal I.D. Number_ Bidder E-mail Address: 58-2467733 INFO@ASHFORDGARDENERS.COM BIDDERS MUST RETURN THIS COVER SHEET WITH BID RESPONSE ITB 19-PW09 1 I Page 't .M , I ESTABLISHED 2006 [BIDDERS MUST RETURN THIS FORM WITH BID RESPONSE] QUALIFICATIONS SIGNATURE AND CERTIFICATION I certify that this offer is made without prior understanding, agreement, or connection with any corporation, firm, or person submitting a proposal for the some materials, supplies, equipment, or services and is in all respects fair and without collusion or fraud. I understand collusive bidding is a violation of State and Federal Law and can result in fines, prison sentences, and civil damage awards. I agree to abide by all conditions of the proposal and certify that I am authorized to sign this proposal for the proposer. I further certify that the provisions of the Official Code of Georgia Annotated, including but not limited to Title 32, Chapter 4, Article 4, Part 2 and Sections 45-10-20 et seq. have not been violated and will not be violated in any respect. Authorized Signature Print/Type Name ED WHITTLE Print/Type Company Name Here 6/2412019 ASHFORD GARDENERS, INC. CORPORATE CERTIFICATE GEORGE WHITTLE , certify that 1 am the Secretary of the Corporation named as Contractor in the foregoing bid; that ED WHITTLE 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 s 24TH day of JUNE '2019 (Seal) (Signature) - ITB 19-PW9 12 Page MILTON'k ESTABLISHED 2006 [BIDDERS MUST RETURN THIS FORM WITH BID RESPONSE] LISW OF SUBCONTRACTORS do , do not XXXX , propose to subcontract some of the work on this project. I propose to Subcontract work to the following subcontractors: Company Name: ASHFORD GARDENERS, INC. ITB 19-PW09 13 ( Page ES ABLESHED [BIDDERS MUST RETURN THIS FORM WITH BID RESPONSE] EXHIBIT" D " CONTRACTOR AFFIDAVIT AND AGREEMENT STATE OF GEORGIA CITY OF MILTON By executing this affidavit, the undersigned contractor verifies its compliance with O.C.G.A. § 13- 10-91, staffing 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 throughouf 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: 226618 eVerify Number 6/3012009 Date of Authorization ASHFORD GARDENERS, INC. Name of Contractor Right of Way Mowing 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 24TH JU4 19 in GA (state). Signaturp of Authorized Officer or Agent Printed Name and Title of Authorized Officer or Agent r SUBSCRIBED AND SWORN BEFORE ME ON THIS TH 24TAY J NE 20119 NOTARY PLWJIC ,t�4�111f11I�� [NOTARY SEAL] My Commission Expires: ITB 19-PWO9 14 1 Page a TON�t ESTABLISHED 2006 [BIDDERS MUST RETURN THIS FORM WITH BID RESPONSE] 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 ASHFORD GARDENERS, 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.) 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 19-PW09 15 1 P a L= c MILTION, ESTABLISHED 2006 [BIDDERS MUST RETURN THIS FORM WITH BID RESPONSE] Bid Submittal Form - (Page i of 2) Right of Way Mowing Services 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 ASHFORD GARDENERS, INC. ADDRESS 16040 BIRMINGHAM HWY, MILTON, GA 30004 AUTHORIZED SIGNATURE PRINT / TYPE NAME ED WHITTLE TITLE VICE PRESIDENT Print Total Bid Price $199,500.00 ITB 19-PW09 25 1 P a g e M' I LTO . ESTABLISHED 2W6 [BIDDERS MUST RETURN THIS FORM WITH BID RESPONSE] Bid Submittal Form - (Page 2 of 2) Right of Way Mowing Services Costs should include all labor, materials and equipment necessary to provide the item listed. Right of Way Mowing Services Supplemental _Costs: $ 199,500.00 LS Item Cost Unit Additional Right of Way Mowing $285.00 Per Mile Additional Right of Way Mowing * $140.00 Less than '/2 mile Additional Vertical Mowing $300.00 Per Mile Additional Pasture/Open Area Cutting $150.00 Per Acre * Some areas may require ROW mowing with a total area ranging from ISO ft to less than '/2 mile. The pricing ranges above are listed to address those applicable areas. ITB 19-PW09 261 P a ti e HOME OF"'e;F$ S'Q,;A; ;yt 9�I GaORG .MILTON �t LS FABC15HIi) :YXk, ACKNOWLEDGEMENT RECEIPT OF ADDENDUM #1 ITB 19- PW09 Upon receipt of documents, please email, fax or mail this page to: City of Milton Attn: Honor Motes, Purchasing Office 2006 Heritage Walk Milton, GA 30004 Phone: 678-242-2500 Fax: 678-242-2499 Email: honor.motes@cityofmiltonga.us I hereby acknowledge receipt of documents pertaining to the above referenced ITB. COMPANY NAME: ?O wfw0 " (zS 1'qe- CONTACT r PERSON: a �Jc ADDRESS: IiaVa L ema&#4i4i Jq CITY: N I LV r STATE: (;A ZIP: 3000 PHONE: -7,10 44k 11)t o FAX:'7"70 ��o 6 q7 b EMAIL f -t I'C'�f-SO-C-Mb61*VV46ia, Cpm b117111 Signature Date ADDENDUM #1 11Page ITB19-PW09-Addendum #I MILTONft ESTABLISHED 2006 [BIDDERS MUST RETURN THIS FORM WITH BID RESPONSE] "This Page Replaces Page 2 of the Original Bid Submittal Form" [BIDDERS MUST RETURN THIS FORM WITH BID RESPONSE] Bid Submittal Form - (Page 2 of 2) Right of Way Mowing Services Costs should include all labor, materials and equipment necessary to provide the item listed. Right of Way Mowing Services $ 199,500.00 LS Supplemental Costs: Item Cost Unit Additional Right of Way Mowing $285.00 Per Mile I Additional Right of Way Mowing * $140.00 Less than'/2 mile Additional Vertical Mowing $300,00 Per Mile Additional Pasture/Open Area Cutting $150.00 Per Acre Additional Finish Mowing (Zero Turn) $285.00 Per Acre One Person String Trimming $ 50.00 Per Hour One Person Debris Blowing $ 50.00 Per Hour Fertilizer 13-13--13 300# per acre applied $230.00 Per Acre Applied Lime 1.5 Tons per acre applied $230.00 Per Acre Applied * Some areas may require ROW mowing with a total area ranging from 150 ft to less than '/2 mile. The pricing ranges above are listed to address those applicable areas. 81Page ITBI9-PW09- Addend Lim #1 MILTON'1� CSTh8LI3t3i© 7tlOb ACKNOWLEDGEMENT RECEIPT OF ADDENDUM #2 ITB 19-PW09 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@cftvofmiltong_o.us I hereby acknowledge receipt of documents pertaining to the above referenced ITB. COMPANY NAME: PERSON: Il - CONTACT 4) ' ° 4,2 ADDRESS: 16v(4 & eH1d;iW - L( CITY: ` /l � STATE: 64 ZIP: 3&O -61k PHONE, '17�J �d� /��o FAX. -77y �040�� EMAIL Signature ADDENDUM #2 6/ 9 Date IIPa� 1` B 19-PW09-Addendum #2 EXHIBIT “C” See Exhibit “A” Project Specifications section. EXHIBIT “D” STATE OF ____________ COUNTY OF ___________ CONTRACTOR AFFIDAVIT AND AGREEMENT By executing this affidavit, the undersigned contractor verifies its compliance with O.C.G.A. § 13 -10-91, stating affirmatively that the individual, firm, or corporation which is engaged in the physical performance of services on behalf of the City of Milton, Georgia has registered with, is authorized to use and uses the federal work authorization program commonly known as E-Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91. Furthermore, the undersigned contractor will continue to use the federal work authorization program throughout the contract period and the undersigned contractor will contract for the physical performance of services in satisfaction of such contract only with subcontractors who present an affidavit to the contractor with the information required by O.C.G.A. § 13-10-91(b). Contractor hereby attests that its federal work authorization user identification number and date of authorization are as follows: _________________________________ Federal Work Authorization User Identification Number _________________________________ Date of Authorization Ashford Gardeners, Inc. Name of Contractor Right of Way Mowing Services Name of Project City of Milton, Georgia Name of Public Employer I hereby declare under penalty of perjury that the foregoing is true and correct. Executed on _________, 20__ in _____________________ (city), ______ (state). ________________________________ Signature of Authorized Officer or Agent _______________________________ Printed Name and Title of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE ______ DAY OF ______________, 20___. _________________________________ NOTARY PUBLIC [NOTARY SEAL] My Commission Expires: ______________________________ EXHIBIT “E” STATE OF _____________ COUNTY OF ___________ SUBCONTRACTOR AFFIDAVIT By executing this affidavit, the undersigned subcontractor verifies its compliance with O.C.G.A. § 13-10- 91, stating affirmatively that the individual, firm or corporation which is engaged in the physical performance of services under a contract with Ashford Gardeners, Inc. on behalf of the City of Milton, Georgia has registered with, is authorized to use and uses the federal work authorization program commonly known as E-Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91. Furthermore, the undersigned subcontractor will continue to use the federal work authorization program throughout the contract period, and the undersigned subcontractor will contract for the physical performance of services in satisfaction of such contract o nly 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 Right of Way Mowing Services Name of Project City of Milton, Georgia Name of Public Employer I hereby declare under penalty of perjury that the foregoing is true and correct. Executed on _________, 20__ in _____________________ (city), ______ (state). ________________________________ Signature of Authorized Officer or Agent _______________________________ Printed Name and Title of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE ______ DAY OF ______________, 20___. _________________________________ NOTARY PUBLIC [NOTARY SEAL] My Commission Expires: ______________________________ EXHIBIT “F” The following individuals are designated as Key Personnel under this Agreement and, as such, are necessary for the successful prosecution of the Work: [INSERT KEY PERSONNEL BELOW] Individual Position _____________, Project Manager TO: FROM: MILTON, ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM City Council DATE: December 30, 2019 Steven Krokoff, City Manager AGENDA ITEM: Approval of a Task Order to Provide Pre -Construction and Right -of -Way Acquisition Services for Freemanville Road at Birmingham Road Intersection Improvements MEETING DATE: Monday, January 6, 2020 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: (4,`(ES (J NO CITY ATTORNEY REVIEW REQUIRED: (; 4S (J NO APPROVAL BY CITY ATTORNEY: (,APPROVED (J NOT APPROVED PLACED ON AGENDA FOR: 01) C44619 2006 Heritage Walk Milton, GA P: 678.242.25001 F: 678.242.2499 info@cityofmiltonga.us I www.cityofmiltonga.us 0000 To: Honorable Mayor and City Council Members From: Sara Leaders, PE, Transportation Engineer Date: Submitted on December 10, 2019 for the January 6, 2020 Regular City Council Meeting Agenda Item: Approval of a Task Order to Provide Pre-construction and Right-of- Way Acquisition Services for Freemanville Road at Birmingham Road Intersection Improvements _____________________________________________________________________________________ Project Description: The City of Milton issued an RFP for City Program Management Services including plan review and right of way acquisition services for infrastructure improvement projects. This task order is for pre-construction and right of way acquisition services on the Freemanville Road at Birmingham Road Intersection Improvement Project. The services to be provided under this task order are for plan review, constructability review, attend meetings as requested by City, right of way coordination, right of way acquisition, determination of value, negotiation, closing document preparation, bid preparation, and review of bids. Procurement Summary: Purchasing method used: Task Order Related to Original RFP Account Number: 335-4101-541400005 Requisition Total: $40,000 Vendor DBA: BM&K, PC Financial Review: Bernadette Harvill, January 2, 2020 Legal Review: Jarrard & Davis, LLP – Sam VanVolkenburgh, December 6, 2019 Attachment(s): Task Order W LTON' 4 UrMLISHFD 2M TASK ORDER TO PROVIDE PRE -CONSTRUCTION AND RIGHT OF WAY ACQUISITION SERVICES FOR FREEMANVILLE ROAD AT BIRMINGHAM ROAD INTERSECTION IMPROVEMENT PROJECT THIS TASK ORDER between the parties is entered into pursuant to the Professional Services Agreement (RFQ #17-PW01), incorporated herein by reference, and shall serve as authorization by City of Milton to BM&K, P.C. (referred to herein alternately as "Consultant" and "BM&K") to perform the services described herein pursuant to the terms and conditions, mutual covenants and promises provided herein and in the Professional Services Agreement, NOW, THEREFORE, for and in consideration of the mutual promises, the public purposes, and the acknowledgements and agreements contained herein, and other good and adequate consideration, the sufficiency of which is hereby acknowledged, the Parties do mutually agree as follows: Description of Services: The City is requesting pre -construction and right of way acquisition services for the Freemanville Road at Birmingham Road Intersection Improvement Project. The services to be provided under this task order are for plan review, constructability review, attend meetings as requested by City, bid preparation, review of bids, right of way coordination, determination of value, negotiation, and closing documents. The concept for the intersection improvement attached as Exhibit "A". A detailed scope of work for the right of way services is attached as Exhibit "B". Timing: This. task order will be completed within 15 months of notice to proceed by the City. Compensation: This task order shall not exceed $40,000.00 based upon the rates that are part of the Agreement. Attachments: Exhibit "A" Concept Exhibit "B" Right of way scope Approved by City Council Mayor See following page far additional signatures Approved as to form: City Attorney 2006 Heritage Walk Milton, GA 30004 P: 678.242.2500 � f: 678.242.2499 info@cityofmiltonga.us � www.cityofmiltonga.us O O © O MI LTONI ESWLBHEU1 CITY OF MILTON: By: Title: Date: Date: 11—t f�—1 5 2006 Heritage Walk Milton, GA 30004 P: 678.242.25001 F: 678.242.2499 info@cityofmilionga.us � www.cityofmiltonga.us © O © O Page is too large to OCR. EXHIBIT “B” SCOPE OF SERVICES FOR RIGHT OF WAY ACQUISITION SERVICES General Conditions: A. The consultant shall attend periodic meetings with the city regarding the status of the right of way acquisition tasks. B. Fees for acquisition/negotiation to be determined from rates in agreement and based on type of interest in property. C. Fees for valuation to be determined from rates in agreement and based on level agreed upon by the city. Pre-Acquisition Any pre-acquisition activities shall be in conformance with Federal regulations. Services may include, but are not limited to the following: Coordination services A. This includes all pre-acquisition and acquisition coordination with the city B. Coordination may include but not limited to review plans, coordinate plan revisions, review titles, attend meetings, prepare property management forms, prepare status reports, meet with appraisers to ride project, assign appraisals and monitor appraisals Determination of Value A. Prepare a detailed right of way cost estimate in spreadsheet format to be submitted to city B. Provide Project Inspection Checklist with recommendations on level of appraisal for each parcel C. City will make determination of actual level of appraisal for each parcel a. Appraisal services determine market value of the unencumbered fee simple interest, easements and any other interests in the part taken plus any consequential damages, offset to the extent of special benefits in accordance with State law. The services to be performed by the consultant may include Self Contained Appraisals at levels to be determined by the city. The appraisals shall be prepared in conformance with Federal regulations. Individual appraisal reports shall be provided on the GDOT approved appraisal format. Additionally, the appraisals will be prepared in conformance with the Uniform Standards of Professional Appraisal Practice (USPAP) and in accordance with the Code of Ethics of the Appraisal Institute. D. Some parcels may require additional reports to determine costs to cure for items such as septic systems, parking, and trade fixtures. The fees for these additional reports will be included as determined by the City at the rates that are part of the agreement. Negotiation: Negotiation services are for the acquisition of right of way and easements. The services to be performed by the Consultant at the rates in the agreement for type of interest and includes, but is not limited to the following: Negotiation Package A. Upon receipt of approved appraisals or cost estimate from the City, the Consultant shall prepare negotiation packages for owners to include the following: 1. Brochure entitled “What Happens When Your Property Is Needed for a Transportation Facility” 2. Receipt for Brochure 3. Offer Letter 4. Option & Plats 5. Statement of Estimated Values 6. Letter of Availability of Incidental Payments 7. Copies of plans with right-of-way and easements highlighted Negotiation Activity A. The Consultant should make all offers to purchase the required right of way and/or easements along with any other required payments to owners, tenants, or other parties having an approved monetary interest. All offers and benefits will be explained in detail and negotiation activities will be conducted in accordance with federal guidelines. Negotiation Activity shall include the following: 1. All owners should be contacted in person, if possible, at a time and place convenient to the owner. There shall be a sufficient number of personal contacts with each owner, in an attempt to secure a property settlement through negotiations, unless it is clearly apparent that continued negotiations would be unproductive. 2. The Consultant shall provide and explain to owners appropriate right of way plan sheet(s), cross-sections, driveway profiles and other construction information as requested by owners. 3. The Consultant will NOT provide owners with Appraisals under any circumstance, unless City gives permission. 4. Review and confirm with owner the accuracy of all information stipulated in the Preliminary Title Report. 5. If a settlement is reached at the offer amount, the Consultant will submit an option to the City for approval. If a counter offer is submitted by a property owner, Consultant will provide the necessary written justification for all approved settlements to designated official with the City. Under no circumstances will the Consultant have the authority to accept a settlement on behalf of the City, either monetarily or contractually. 6. Once an approved Option is obtained, Consultants must submit approved option along with all required supporting documentation to the City. 7. If a negotiated settlement cannot be reached, the Consultant shall turn the file over to the City for further action. B. The Consultant shall prepare and maintain a legible negotiation record on each property interest on which negotiation was attempted. The record should include the following: 1. Dates of negotiation or contact 2. Place of contact 3. Persons present 4. Offers made 5. Explanation of Right of Way and Construction plans 6. Counter-offers and recommendations regarding those counter-offers 7. Reasons why settlements could not be reached (if required) 8. Feedback and concerns from the property owner 9. Description of title problems and how they were solved (if required) 10. Signature of the negotiator for settled interests 11. Any other data pertinent to the negotiations 12. All related correspondence and reports in connection with and incidental to the parcel Individual Parcel Files A. The Consultant shall prepare and maintain individual parcel files which includes the following: 1. Title reports 2. Appraisal reports / Approved cost estimates 3. Copies of all negotiation records 4. All required forms executed by property owners 5. Copies of all correspondence B. Files shall be available at any time for inspection by the City. All such information is the property of the City and shall be immediately delivered to the City upon request. Any information and/or knowledge gained from the appraisals, the acquisition and relocation on this project shall be kept confidential and not publicly disclosed without prior written authorization by the City. Closings Consultant will coordinate with City Attorney on parcel closings. City Attorney will perform closings. Consultant may be asked to attend closings if needed. Consultant will provide City Attorney with documents for closing of each parcel on the appropriate instruments/forms including: 1. Right-of-Way Deed/Permanent Easement/Temporary Easement/Driveway Easement 2. Settlement and Disbursement Statement 3. IRS 1099-S Form 4. Owner’s Affidavit 5. Final Title Certificate 6. Lien Releases Condemnations Consultant will coordinate with City Attorney on parcel condemnations. A. The City will authorize the tasks of coordination and petition preparation that will be based on rates in agreement MILTON111 ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: December 31, 2019 FROM: Steven Krokoff, City Manager AGENDA ITEM: Approval of Change order # 1 to the Construction Services Agreement between the City of Milton and CMES, Inc. for the NE Crabapple Connector Project MEETING DATE: Monday, January 6, 2020 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: VAPPROVED () NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: (,tVYES () NO CITY ATTORNEY REVIEW REQUIRED: (Vk YES () NO APPROVAL BY CITY ATTORNEY: (/APPROVED () NOT APPROVED PLACED ON AGENDA FOR: 01160160 2006 Heritage Walk Milton, GA P: 678.242.25001 F: 678.242.2499 info@cityofmiltongo.us I www.cityofmiltonga.us 0111800 To: Honorable Mayor and City Council Members From: Matt Fallstrom, Capital Projects Manager Date: Submitted on December 31, 2019 for the January 6, 2020 Regular City Council Meeting Agenda Item: Approval of Change Order #1 to the Construction Services Agreement between the City of Milton and CMES, Inc. for the NE Crabapple Connector Project. _____________________________________________________________________________________ Project Description: Change order #1 to the CMES Construction Services Agreement for Northeast Crabapple Connector Project was necessary to complete the sidewalk connection along Mayfield Road to the Bascomb Farms Subdivision. This change order covers the installation of sidewalk, curb and gutter, stormwater structures, wall construction and driveway replacement. This also includes all materials, labor, and equipment to complete this work. . Procurement Summary: Purchasing method used: Bid Award-ITB (Over $50,000) Account Number: 335-4101-541400003 Requisition Total: $234,201.00 Vendor DBA: CMES, Inc. Other quotes or bids submitted (vendor/$): N/A Financial Review: Bernadette Harvill, December 31, 2019 Legal Review: Sam VanVolkenburgh – Jarrard & Davis, December 6, 2019 Attachment(s): Change Order #1 1 CHANGE ORDER #1 FOR CONSTRUCTION SERVICES AGREEMENT Northeast Crabapple Connector Project WHEREAS, the City of Milton, Georgia (“City”) and CMES, Inc. (“Contractor”) have entered into a Construction Services Agreement (the “Agreement”) dated February 4, 2019, incorporated herein by reference, for the construction of Northeast Crabapple Connector Project; and WHEREAS, the parties desire to issue an addendum pursuant to Section 6 of the Agreement, it being to the mutual benefit of all parties to do so, as set forth herein for the reasons and consideration set forth herein. NOW THEREFORE, the parties hereto agree to amend the Agreement as follows: 1. The parties acknowledge that the purpose of this Change Order is to continue the sidewalk construction approximately 350 feet to the east of the project limits on Mayfield Road. 2. The parties acknowledge that it is also the purpose of this change order to increase the quantities of items of work shown in the bid schedule as well as adding items that are called out on the plans but not listed in the bid schedule. 3. Exhibit B of the Agreement is amended to add the chart of unit prices attached to this Change Order as “Exhibit B”. This chart reflects the increase in quantities of items of work to add items called out on the plans but not listed in the bid schedule. 4. Exhibit H of the Agreement is amended to add the sidewalk continuation plans attached to this Change Order as “Exhibit A”. If the Contractor determines that the plans in “Exhibit A” conflict with the plans attached to or incorporated into the existing Agreement, Contractor shall consult with City for clarification before proceeding. 5. Section 2.A of the Agreement is amended to reflect that the sidewalk continuation is made a part of the scope of work of the Agreement. Accordingly, the Project includes sidewalk on the east/south side of Mayfield to tie into existing sidewalk just west/south of Bascomb Farm Drive. 6. Section 4.A of the Agreement is amended to reflect that the sidewalk will be completed as part of the improvements but the deadline for completing the sidewalk will be extended by 120 additional calendar days. The deadline will be four hundred (400) calendar days from the notice to proceed for that project. 7. Section 5.A of the Agreement is amended to read as follows Maximum Contract Price. The total amount paid under this Agreement as compensation for Work performed and reimbursement for costs incurred 2 shall not, in any case, exceed $2,534,990.50 (the “Maximum Contract Price”), except as outlined in Section 6 below. Subject to the Maximum Contract Price, The compensation for Work performed shall be based upon actual units of work delivered at the unit prices set forth in Exhibit “B. The Parties agree and acknowledge that the unit quantities set forth in the Bid Schedule are merely estimates, Contractor bears the risk that the actual quantities required may be higher and Contractor shall complete the Project at a price not to exceed the Maximum Contract Price in Exhibit “B”. The units of work set forth in the Bid Schedule are the only types of work and costs that will be compensable under this Agreement. Contractor represents that the Maximum Contract Price is sufficient to perform all of the Work set forth in and contemplated by this Agreement. 8. Pursuant to Section 7.Q of the Agreement, Contractor shall increase the amount of its performance bond, payment bond and maintenance bond to reflect the increase in the Maximum Contract Price. Contractor shall provide updated executed bond documents to the City within 30 days of execution of this Change Order. 9. Section 7.Z is amended by replacing the existing text with the following: 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, 3 and other sources of information and its facilities as may be determined by the City, 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 City, 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, City 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 City 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 involved in, or is threatened with litigation with a subcontractor or supplier as a result of such direction, the Contractor may request the City to enter into such litigation to protect the interest of the City 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. 10. It is agreed by the parties hereto that all of the other terms and conditions of the Agreement, including all unamended portions, shall remain in full force and effect other than as modified herein. Upon execution by all parties, this Change Order shall be attached to and form a part of said Agreement. IN WITNESS WHEREOF, the parties hereto have caused this Change Order to be duly executed by their duly authorized officers as of the day and year set forth next to each signature. [SIGNATURES ON FOLLOWING PAGE] 4 CONTRACTOR: CMES, Inc. By: ________________________________________ Print Name: _________________________________ Its: President/Vice President (Corporation) [CORPORATE SEAL] (required if corporation) Attest/Witness: ____________________________________________ Print Name: ___________________________________ Its: ______________________________________ ((Assistant) Corporate Secretary if corporation) CITY OF MILTON, GEORGIA By: ___________________________________ Joe Lockwood, Mayor [CITY SEAL] Attest: ____________________________________ Print Name:__________________________ Its: City Clerk Approved as to form: ____________________________________ City Attorney 5 Exhibit A Page is too large to OCR. Page is too large to OCR. Page is too large to OCR. Page is too large to OCR. Page is too large to OCR. Page is too large to OCR. Page is too large to OCR. Page is too large to OCR. Page is too large to OCR. Page is too large to OCR. Page is too large to OCR. Page is too large to OCR. Page is too large to OCR. 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Page is too large to OCR. 6 Exhibit B Pay Item #Description Unit Quantity Change Order 1 Unit Price TOTAL Change Order 1 NEW TOTAL TRAFFIC CONTROL 150- 1000 TRAFFIC CONTROL - USER UNIT PRICE LS 1 1 $ 84,784.00 $ 84,784.00 $ 18,542.00 $ 103,326.00 ROADWAY ITEMS 210- 0100 GRADING COMPLETE LS 1 1 $ 588,955.00 $ 588,955.00 $ 69,196.00 $ 658,151.00 402- 1812 RECYCLED ASPH CONC LEVELING, INCL BITUM MATL & H LIME TN 250 $ 134.00 $ 33,500.00 432- 5010 MILL ASPH CONC PVMT, VARIABLE DEPTH SY 4000 $ 6.50 $ 26,000.00 402- 3130 RECYCLED ASPH CONC 12.5 MM SUPERPAVE, GP 2 ONLY, INCL BITUM MATL & H LIME TN 800 $ 128.00 $ 102,400.00 402- 3190 RECYCLED ASPH CONC 19 MM SUPERPAVE, GP 1 OR 2,INCL BITUM MATL & H LIME TN 550 $ 116.00 $ 63,800.00 402- 3121 RECYCLED ASPH CONC 25 MM SUPERPAVE, GP 1 OR 2, INCL BITUM MATL & H LIME TN 1100 $ 116.00 $ 127,600.00 310- 1101 GR AGGR BASE CRS, INCL MATL TN 3975 $ 26.00 $ 103,350.00 413- 0750 TACK COAT GL 700 $ 3.50 $ 2,450.00 439- 0018 PLAIN PC CONC PVMT, CL 3 CONC, 8 INCH THK SY 6 $ 90.00 $ 540.00 441- 0018 DRIVEWAY CONCRETE, 8 IN TK SY 80 75 $ 60.00 $ 4,800.00 $ 4,500.00 $ 9,300.00 441- 4030 CONC VALLEY GUTTER, 8 IN SY 300 103 $ 35.00 $ 10,500.00 $ 3,605.00 $ 14,105.00 441- 7011 CURB CUT WHEELCHAIR RAMP, TYPE A EA 12 $ 670.00 $ 8,040.00 441- 7012 CURB CUT WHEELCHAIR RAMP, TYPE B EA 2 $ 600.00 $ 1,200.00 441- 7014 CURB CUT WHEELCHAIR RAMP, TYPE D EA 17 6 $ 640.00 $ 10,880.00 441- 6012 CONC CURB & GUTTER, 6 IN X 24 IN, TP 2 LF 5300 820 $ 12.00 $ 63,600.00 $ 9,840.00 $ 73,440.00 441- 0754 CONCRETE MEDIAN, 7 1/2 IN SY 185 $ 60.00 $ 11,100.00 441- 5004 CONCRETE HEADER CURB, 10 IN, TP 4 LF 108 $ 12.00 $ 1,296.00 441- 5004 GRANITE HEADER CURB, 10 IN, TP 4 LF 108 $ 32.00 $ 3,456.00 441- 5008 CONCRETE HEADER CURB, 6 IN, TP 7 LF 1008 $ 9.00 $ 9,072.00 441- 5025 CONCRETE HEADER CURB, 4 IN, TP 9 LF 250 $ 10.00 $ 2,500.00 441- 0104 CONC SIDEWALK, 4 IN SY 4200 456 $ 25.00 $ 105,000.00 $ 11,400.00 $ 116,400.00 439- 0020 PLAIN PC CONC PVMT, CL 3 CONC, 9 INCH THK SY 20 $ 70.00 $ 1,400.00 439- 0022 INTEGRALLY COLORED PC CEMENT CONCRETE (STAMPED CONCRETE) 6" SY 20 $ 80.00 $ 1,600.00 439- 0022 INTEGRALLY COLORED PC CEMENT CONCRETE (STAMPED CONCRETE) 10" SY 500 $ 90.00 $ 45,000.00 DRAINAGE ITEMS $ 15,205.00 $ 15,205.00 550- 1150 STORM DRAIN PIPE, 15 IN, H 1- 10 LF 107 $ 39.00 $ 4,173.00 550- 1180 STORM DRAIN PIPE, 18 IN, H 1- 10 LF 586 $ 47.00 $ 27,542.00 550- 1240 STORM DRAIN PIPE, 24 IN, H 1- 10 LF 343 $ 58.00 $ 19,894.00 550- 1241 STORM DRAIN PIPE, 24 IN, H 10- 15 LF 51 $ 58.00 $ 2,958.00 550- 1300 STORM DRAIN PIPE, 30 IN, H 1- 10 LF 255 $ 73.00 $ 18,615.00 550- 1360 STORM DRAIN PIPE, 36 IN, H 1- 10 LF 377 $ 95.00 $ 35,815.00 550- 1361 STORM DRAIN PIPE, 36 IN, H 10- 15 LF 40 $ 100.00 $ 4,000.00 668- 2100 DROP INLET, GP 1 EA 3 $ 2,500.00 $ 7,500.00 668- 2110 DROP INLET, GP 1, ADDL DEPTH LF 3 $ 170.00 $ 510.00 668- 1100 CATCH BASIN, GP 1 EA 14 $ 2,800.00 $ 39,200.00 668- 1110 CATCH BASIN, GP 1, ADDL DEPTH LF 12 $ 170.00 $ 2,040.00 668- 4300 STORM SEWER MANHOLE, TP 1 EA 10 $ 2,300.00 $ 23,000.00 668- 4311 STORM SEWER MANHOLE, TP 1, ADDL DEPTH, CL 1 LF 26 $ 250.00 $ 6,500.00 668- 4312 STORM SEWER MANHOLE, TP 1, ADDL DEPTH, CL 2 LF 1 $ 420.00 $ 420.00 668- 2105 JUNCTION BOX EA 4 $ 1,300.00 $ 5,200.00 611- 8050 ADJUST MANHOLE TO GRADE EA 1 $ 1,300.00 $ 1,300.00 WATER MAIN INSTALLATION 171- 0030 TEMPORARY SILT FENCE, TYPE C LF 2000 $ 3.00 $ 6,000.00 500- 3101 CLASS A CONCRETE CY 3 $ 410.00 $ 1,230.00 600- 0001 FLOWABLE FILL CY 20 $ 320.00 $ 6,400.00 611- 8120 ADJUST WATER METER BOX TO GRADE EA 2 $ 390.00 $ 780.00 611- 8140 ADJUST WATER VALVE BOX TO GRADE EA 2 $ 260.00 $ 520.00 670- 1060 WATER MAIN, 6 IN, DIP LF 60 $ 96.00 $ 5,760.00 670- 1080 WATER MAIN, 8 IN, DIP LF 1950 $ 53.00 $ 103,350.00 670- 1500 CAP OR REMOVE EXISTING WATER MAIN EA 4 $ 1,200.00 $ 4,800.00 670- 2500 INSERTION VALVE (8-12 IN) EA 1 $ 10,000.00 $ 10,000.00 670- 2060 GATE VALVE, 6 IN EA 4 $ 1,200.00 $ 4,800.00 670- 2080 GATE VALVE, 8 IN EA 6 $ 1,600.00 $ 9,600.00 670- 2100 GATE VALVE, 10 IN EA 1 $ 2,400.00 $ 2,400.00 670- 2002 VALVE MARKER EA 50 $ 120.00 $ 6,000.00 669- 3087 TAPPING SLEEVE & VALVE ASSEMBLY EA 3 $ 5,700.00 $ 17,100.00 670- 3108 TAPPING SLEEVE & VALVE ASSEMBLY EA 1 $ 8,800.00 $ 8,800.00 670- 4000 FIRE HYDRANT EA 4 $ 3,100.00 $ 12,400.00 669- 5620 WATER SERVICE LINE, 3/4 IN LF 100 $ 27.00 $ 2,700.00 670- 5010 WATER SERVICE LINE, 1 IN LF 60 $ 44.00 $ 2,640.00 670- 5020 WATER SERVICE LINE, 2 IN LF 50 $ 74.00 $ 3,700.00 615- 1000 STEEL CASING JACK & BORE LF 40 $ 240.00 $ 9,600.00 616- 1001 STEEL CASING LF 40 $ 100.00 $ 4,000.00 670- 9710 RELOCATE EXISTING FIRE HYDRANT EA 1 $ 2,700.00 $ 2,700.00 670- 9720 RELOCATE EXISTING WATER VALVE, INC BOX EA 2 $ 700.00 $ 1,400.00 670- 9730 RELOCATE EXISTING WATER METER, INC BOX EA 2 $ 1,000.00 $ 2,000.00 670- 9920 REMOVE EXISTING FIRE HYDRANT EA 1 1 $ 650.00 $ 650.00 668- 8050 ADJUST MANHOLE TO GRADE EA 1 $ 1,200.00 $ 1,200.00 SANITARY SEWER 660- 0808 SAN SEWER PIPE, 8 IN DUCTILE IRON LF 60 $ 95.00 $ 5,700.00 668- 3300 SAN SEWER MANHOLE, TP 1 EA 1 $ 5,500.00 $ 5,500.00 SIGNING AND MARKING 636- 1033 HIGHWAY SIGNS, TP 1 MATL, REFL SHEETING, TP 9 SF 135 $ 21.00 $ 2,835.00 636- 1036 HIGHWAY SIGNS, TP 1 MATL, REFL SHEETING, TP 11 SF 261 $ 22.00 $ 5,742.00 636- 2070 GALV STEEL POSTS, TP 7 LF 789 $ 9.00 $ 7,101.00 636- 2090 GALV STEEL POSTS, TP 9 LF 127 $ 9.00 $ 1,143.00 653- 0120 THERMOPLASTIC PVMT MARKING, ARROW, TP 2 EA 1 $ 110.00 $ 110.00 653- 0296 THERMOPLASTIC PVMT MARKING, WORD, TP 15 EA 4 $ 240.00 $ 960.00 653- 1502 THERMOPLASTIC SOLID TRAF STRIPE, 5 IN, YELLOW LF 6977 $ 1.00 $ 6,977.00 653- 1501 THERMOPLASTIC SOLID TRAF STRIPE, 5 IN, WHITE LF 6845 $ 1.00 $ 6,845.42 653- 3501 THERMOPLASTIC SKIP TRAF STRIPE, 5 IN, WHITE GLF 230 $ 0.60 $ 138.00 653- 6006 THERMOPLASTIC TRAF STRIPING, YELLOW SY 201 $ 5.00 $ 1,005.00 653- 4830 THERMOPLASTIC SKIP TRAF STRIPE, 18 IN, WHITE GLF 199 $ 4.00 $ 795.32 653- 1704 THERMOPLASTIC SOLID TRAF STRIPE, 24 IN, WHITE LF 76 $ 11.00 $ 836.00 653- 1804 THERMOPLASTIC SOLID TRAF STRIPE, 8 IN, WHITE LF 1340 $ 2.50 $ 3,350.98 654- 1001 RAISED PVMT MARKERS TP 1 EA 256 $ 5.50 $ 1,408.00 THERMOPLASTIC WORD "SCHOOL: EA 2 $ 540.00 $ 1,080.00 SCHOOL ZONE LED FLASHER EA 1 $ 12,000.00 $ 12,000.00 EROSION CONTROL - TEMPORARY $ 31,552.00 $ 31,552.00 163- 0527 CONSTRUCT AND REMOVE RIP RAP CHECK DAMS, STONE PLAIN RIP RAP/SAND BAGS EA 26 $ 570.00 $ 14,820.00 163- 0300 CONSTRUCTION EXIT EA 2 $ 950.00 $ 1,900.00 163- 0232 TEMPORARY GRASSING AC 4 $ 930.00 $ 3,686.29 163- 0240 MULCH TN 28 $ 300.00 $ 8,400.00 163- 0542 CONSTRUCT AND REMOVE STONE FILTER RING EA 2 $ 990.00 $ 1,980.00 163- 0550 CONSTRUCT AND REMOVE INLET SEDIMENT TRAP EA 20 $ 240.00 $ 4,800.00 165- 0111 MAINTENANCE OF STONE FILTER RING EA 2 $ 250.00 $ 500.00 165- 0105 MAINTENANCE OF INLET SEDIMENT TRAP EA 20 $ 50.00 $ 1,000.00 165- 0110 MAINTENANCE OF ROCK FILTER DAM EA 26 $ 150.00 $ 3,900.00 165- 0101 MAINTENANCE OF CONSTRUCTION EXIT EA 2 $ 150.00 $ 300.00 165- 0010 MAINTENANCE OF TEMPORARY SILT FENCE, TP A LF 4463 $ 0.30 $ 1,338.99 573- 2006 UNDERDRAIN PIPE INCLUDING DRAINAGE AGGREGATE 6"LF 100 $ 9.00 $ 900.00 171- 0010 TEMPORARY SILT FENCE, TYPE A LF 4463 550 $ 2.00 $ 8,926.62 PERMANENT GRASSING 700- 6910 PERMANENT GRASSING AC 2 $ 1,900.00 $ 3,800.00 700- 7000 AGRICULTURAL LIME TN 1 $ 290.00 $ 290.00 700- 8000 FERTILIZER MIXED GRADE TN 1 $ 510.00 $ 510.00 700- 9300 SOD SY 6215 260 $ 5.00 $ 31,075.00 $ 1,300.00 $ 32,375.00 LANDSCAPING ITEMS $ 69,061.00 $ 69,061.00 TREES 702- 0001 AMELANCHIER X GRANDIFLORA "AUTUMN BRILLIANCE SERVICE BERRY 3" EA 3 $ 640.00 $ 1,920.00 702- 0700 NYSSA SYLVATICA 'WILDFIRE'/ WILDFIRE BLACKGUM 3" CAL B&B EA 30 $ 980.00 $ 29,400.00 SHRUBS 702- 0004 DISTYLIUM 'PIIDIST-V' PP27,631/CINNAMON GIRL DISULIUM 3G EA 117 $ 49.00 $ 5,733.00 702- 0005 FOTHERGILLA GARDENII / DWARF FOTHERGILLA 3G EA 18 $ 46.00 $ 828.00 702- 1075 VIBURNUM OBOVANTUM 'MISS SHILLERS DELIGHT' 7G EA 38 $ 81.00 $ 3,078.00 GRASSES 702- 0678 MUHLENBERGIA CAPILLARIS 'REGAL' MIST' TM / PINK MUHLY 1G EA 75 $ 14.00 $ 1,050.00 702- 0724 PENNISTEM VILLOSUM / FEATHERTOP 1G EA 156 $ 11.00 $ 1,716.00 GROUND COVERS 702- 0009 HYPERICUM CALYCINUM / CREEPING ST. JOHN'S WORT 1G EA 617 $ 17.00 $ 10,489.00 SOD/SEED 702- 0011 CYNODON DACTYLON / BERMUDA GRASS - SOD SF 18087 $ 0.50 $ 9,043.66 702- 0012 FESTUCA SPP. FESCUE GRASS SEED SF 38062 $ 0.05 $ 1,903.12 702- 9025 LANDSCAPE MULCH SY 948 $ 4.00 $ 3,792.00 LIGHTING ITEMS 682- 6220 CONDUIT, NONMETAL, TP 2, 1 1/4 IN LF 4300 $ 5.50 $ 23,650.00 682- 9020 ELECTRICAL JUNCTION BOX EA 4 $ 850.00 $ 3,400.00 682- 9950 DIRECTIONAL BORE LF 100 $ 25.00 $ 2,500.00 $ 2,092,208.50 $ 234,201.00 $ 2,326,409.50 $250,000 $ (41,419.00) $208,581 $ 2,342,208.50 $ 275,620.00 $ 2,534,990.50 *500- 3800 CLASS A CONCRETE, INCL REINF STEEL CY 86 *681- 1120 LIGHTING STD, 12 FT MH, POST TOP EA 31 *681- 1305 LIGHTING STD, 20 FT MH, 2 FT ARM EA 11 *681- 6314 LUMINAIRE, TP 3, 100W, HP SODIUM EA 11 *681- 6320 LUMINAIRE, TP 3, 150W, HP SODIUM EA 31 *682- 1505 CABLE, TP RHH/RHW, AWG NO 8 LF 12900 *682- 8525 ELECTRICAL POWER SERVICE ASSEMBLY (UNDERGROUND SERVICE POINT) EA 2 SUB-TOTAL BID ESTIMATE Miscellaneous Construction TOTAL PROJECT *INDICATES EQUIPMENT TO BE PROVIDED AND INSTALLED BY THE GEORGIA POWER LIGHTING GROUP. Retaining Wall and Handrail (Materials and Installation) TO: FROM: MILTON111 ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM City Council DATE: December 30, 2019 Steven Krokoff, City Manager 0 AGENDA ITEM: Consideration of the Issuance of an Alcohol Beverage License to Group Triple J, LLC., d/b/a Ichiban Steak and Sushi, 5306 Windward Parkway, Alpharetta, Georgia 30004 MEETING DATE: Monday, January 6, 2020 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (,v"APPROVED (J NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: () YES (ANO CITY ATTORNEY REVIEW REQUIRED: () YES (AO APPROVAL BY CITY ATTORNEY: () APPROVED (J NOT APPROVED PLACED ON AGENDA FOR: ortoo/u& 2006 Heritage Walk Milton, GA P: 678.242.25001 F: 678.242.2499 info@cityofmiltongo.us I www.cityofmiltonga.us 0000 To: Honorable Mayor and City Council Members From: Bernadette Harvill, Finance Director Date: Submitted on December 09, 2019 for the January 06, 2020 Regular Council Meeting Agenda Item: Consideration of the Issuance of an Alcohol Beverage License to Group Triple J, LLC., d/b/a Ichiban Steak and Sushi, 5306 Windward Parkway, Alpharetta, GA 30004 _____________________________________________________________________________________________ Department Recommendation: Approve the issuance of an alcohol beverage license for Group Triple J, LLC. d/b/a Ichiban Steak and Sushi for consumption on premises of Wine, Malt Beverages and Distilled Spirits. Executive Summary: City of Milton Code of Ordinance Chapter 4 allows for the issuance of alcohol beverage licenses to businesses that properly submit application for and meet all of the legal requirements to hold such license. This application is submitted as a Change of Ownership. Staff has processed the application and recommends issuance of the applicable license for: Business Name: Group Triple J, LLC. d/b/a Ichiban Steak and Sushi Contact Name: Christopher A. Sedgwick Business Address: 5306 Windward Parkway, Alpharetta, GA 30004 Type of License: Consumption on Premises – Wine, Malt Beverages and Distilled Spirits Funding and Fiscal Impact: There is a positive fiscal impact of license fees and/or monthly excise taxes. Alternatives: None. Legal Review: Not required. Concurrent Review: Steven Krokoff, City Manager MILTON* ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: /D'")eeccember 30, 2019 FROM: Steven Krokoff, City Manager 4 AGENDA ITEM: Consideration to Amend the Milton Tree Canopy Conservation Ordinance to Provide for a Time Extension on the Ability to Use the Density -based Tree Conservation Ordinance or the Canopy -based Tree Conservation Ordinance in the City Code MEETING DATE: Monday, January 6, 2020 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (1 PPROVED (J NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: (.�IYES () NO CITY ATTORNEY REVIEW REQUIRED: ( /YES () NO APPROVAL BY CITY ATTORNEY: (1APPROVED (J NOT APPROVED PLACED ON AGENDA FOR: b 1) eel t o!P 2006 Heritage Walk Milton, GA P: 678.242.25001 F: 678.242.2499 info@cityofmiltonga.us I www.cityofmiltonga.us To: Honorable Mayor and City Council Members From: Parag Agrawal, Community Development Director Date: Submitted on December 9. 2019 for the December 16, 2019 Regular City Council Meeting (First Presentation) and January 6, 2020 Regular City Council Meeting (Unfinished Business) Agenda Item: Consideration to Amend the Milton Tree Canopy Conservation Ordinance to Provide for a Time Extension on the Ability to Use the Density-based Tree Conservation Ordinance or the Canopy-based Tree Conservation Ordinance in the City Code. _____________________________________________________________________________________ Department Recommendation: Approval. Executive Summary: The proposed edit to section 5.4 of the “Tree Canopy Conservation Ordinance” will extend the time that applicants may apply either the density-based Tree Conservation Ordinance or the canopy-based Tree Conservation Ordinance from January 20, 2020 to July 31, 2020. This extension will allow sufficient time for staff to complete the final edits to the Tree Canopy Conservation Ordinance then present it to the Council for review. It also allows for time for educational outreach to the community of users. Funding and Fiscal Impact: None. Alternatives: None. Legal Review: Sam VanVolkenburgh, Jarrard & Davis - 12/5/2019 Concurrent Review: Steve Krokoff, City Manager Attachment(s): Ordinance to Amend the Tree Canopy Conservation Ordinance Redlined text of amended Tree Canopy Conservation Ordinance STATE OF GEORGIA ORDINANCE NO._____________ COUNTY OF FULTON AN ORDINANCE TO AMEND ARTICLE I, SECTION 5.4 OF THE MILTON TREE CANOPY CONSERVATION ORDINANCE TO EXTEND THE DATE FOR MANDATORY COMPLIANCE The Council of the City of Milton hereby ordains, while in a regularly called council meeting on January 6, 2020 at 6:00 p.m., as follows: WHEREAS, the City has adopted a new “Tree Canopy Conservation Ordinance” (Ordinance No. 18-04-348, as amended by Ordinance No. 18-12-386), which has not yet been codified into the Milton Code; WHEREAS, the new Tree Canopy Conservation Ordinance currently serves as an optional alternative to the existing “Tree Conservation Ordinance” found at Chapter 60, Article II, Division 1 of the Milton Code; WHEREAS, compliance with the new Tree Canopy Conservation Ordinance is set to become mandatory on January 20, 2020, superseding the Tree Conservation Ordinance on that date; WHEREAS, the City Council desires to extend the deadline for mandatory compliance with the new Tree Canopy Conservation Ordinance and to extend the time allowed for optional compliance with the Tree Conservation Ordinance; NOW THEREFORE, THE COUNCIL OF THE CITY OF MILTON HEREBY ORDAINS as follows: SECTION 1. Article I, Section 5.4 of the Tree Canopy Conservation Ordinance of the City of Milton, Georgia (Ordinance No. 18-04-348, as amended by Ordinance No. 18-12-386), is hereby amended by deleting the text “January 20, 2020” and replacing it with “July 31, 2020”. SECTION 2. All ordinances, parts of ordinances, or regulations in conflict herewith are repealed. SECTION 3. This Ordinance shall become effective upon its adoption. ORDAINED this the 6th day of January, 2020. ____________________________________ Joe Lockwood, Mayor Attest: ______________________________ Sudie AM Gordon, City Clerk City of Milton, Georgia Chapter 60 – Tree Canopy Conservation Ordinance Adopted -January 6, 2020 City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted January 6, 2020 Page i Table of Contents ARTICLE I. IN GENERAL .......................................................................................... 1 1. Title ................................................................................................................................................... 1 2. Community Forest Vision and Goals ................................................................................................. 1 3. Purpose and Intent ........................................................................................................................... 1 4. Administrator .................................................................................................................................... 2 5. Applicability and Exemptions ............................................................................................................ 2 6. Tree Conservation Manual ................................................................................................................ 3 7. Definitions ......................................................................................................................................... 3 8. Protected Trees ............................................................................................................................... 10 9. Specimen Trees ............................................................................................................................... 11 10. Heritage Trees ............................................................................................................................. 12 11. City of Milton Tree Species List ................................................................................................... 14 12. City Tree Management ............................................................................................................... 15 13. Hazardous Trees on Private Property ......................................................................................... 15 14. Variances ..................................................................................................................................... 15 15. Appeals ........................................................................................................................................ 16 16. Inspections .................................................................................................................................. 17 17. Enforcement ............................................................................................................................... 18 18. Notice of Violation ...................................................................................................................... 18 19. Stop Work Order ......................................................................................................................... 19 20. Fines and Penalties ..................................................................................................................... 20 ARTICLE II. TREE CANOPY ON DEVELOPED PROPERTY ..........................................20 21. Tree Canopy Management ......................................................................................................... 20 22. Tree Canopy Priorities ................................................................................................................. 20 23. Tree Canopy Cover Requirements .............................................................................................. 21 24. Tree Removal Permit .................................................................................................................. 21 25. Tree Canopy Replacement .......................................................................................................... 24 ARTICLE III. TREE CANOPY ON UNDEVELOPED PROPERTY ....................................26 26. Tree Canopy Management ......................................................................................................... 26 27. Tree Canopy Priorities ................................................................................................................. 26 City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted January 6, 2020 Page ii 28. Tree Canopy Plan ........................................................................................................................ 26 29. Tree Canopy Cover Requirements .............................................................................................. 30 30. Required Tree Locations ............................................................................................................. 34 31. Topped Trees .............................................................................................................................. 38 32. Minimum Landscape and Maintenance Requirements .............................................................. 38 33. Landscape Performance Bond .................................................................................................... 39 34. Certificate of Occupancy and Final Plat Approval ....................................................................... 40 35. Alternative Compliance ............................................................................................................... 40 36. Tree Canopy Fund ....................................................................................................................... 42 37. Timber Harvesting ....................................................................................................................... 42 City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted January 6, 2020 Page 1 ARTICLE I. IN GENERAL 1. Title 1.1. This chapter shall be known as the Tree Conservation Ordinance of the City of Milton, Georgia or the “tree ordinance”. 2. Community Forest Vision and Goals 2.1. The City of Milton’s natural and extensive tree canopy provides significant benefits and irreplaceable value to our quality of life. 2.2. The city is committed to managing its community forest to continually improve the quantity and quality of its vital green infrastructure. 2.3. It is the goal of the city to maintain no net loss of tree canopy cover below the 57 percent existing as of March 2017, and to further achieve an average of 60 percent tree canopy cover across the city by 2033. 2.4. The city aims to measure average tree canopy cover across the city every 5 years using the latest GIS technology and use the results to evaluate the effectiveness of the tree ordinance and other tree management programs and policies in achieving the city’s tree canopy goals. 3. Purpose and Intent 3.1. The purposes of the tree ordinance are to: a. Create a living and working environment for Milton’s citizens and visitors that is attractive, healthy and safe; b. Manage and utilize trees for the economic, environmental, and social functions and benefits they provide; and, c. Provide a framework for accomplishing the goals and objectives in the City’s comprehensive plan and other community, environmental and conservation ordinances, plans and policies. 3.2. The intent of this ordinance is to: a. Promote human, environmental and economic health within the community; b. Promote shared responsibility by all property owners to contribute to tree canopy cover; and, c. Establish the minimum amount of regulations that will achieve the vision and goals of the city and produce the desired outcomes. City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted January 6, 2020 Page 2 4. Administrator 4.1. The director of the community development department or his/her designated agent(s) shall be the administrator of the tree ordinance. 4.2. The city arborist shall be the primary agent responsible for the administration of the tree ordinance for the administrator. 4.3. The administrator shall have the authority to waive any provision of this tree ordinance where such waiver is consistent with the purpose and intent of this ordinance and is in the best interest of the public health, safety and welfare. The following factors shall be considered in evaluating the waiver request: a. Whether a literal enforcement of the tree ordinance will create an undue hardship or an unreasonable practical difficulty on the applicant; b. Whether the situation causing the undue hardship or practical difficulty is unique to the affected lot and is not self-imposed; c. Whether a reasonable accommodation or alternative solution can be made to accomplish the desired activity without the alteration of the tree; d. Whether the waiver will injure or be wholly compatible with the use and future or existing development of adjacent properties; e. Whether the increased development costs caused by conserving the tree create an undue hardship on the development of the lot; f. Whether there is any identified adverse effect of the alteration or conservation on erosion, soil moisture retention, flow of surface water, and drainage systems; g. Whether there is any substantial impact to the buffering of residential areas from the noise, glare, and visual effects of non-residential uses. h. The costs versus the benefits of relocating required utility service infrastructure and easements based on the conservation or alteration of protected trees; i. Whether the proposed tree replacement procedures adequately mitigate the alteration of the tree; j. Whether the alteration adversely affects public health, safety and welfare; k. Whether the granting of the waiver will be in harmony with the purpose and intent of the tree ordinance to the greatest degree reasonably possible. 5. Applicability and Exemptions City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted January 6, 2020 Page 3 5.1. The terms and provision of the tree ordinance shall apply to: a. All real property within the City of Milton unless otherwise exempted herein; b. Any activity that requires the issuance of a land disturbance permit, building permit, demolition permit, right-of-way encroachment permit or tree removal permit; c. Any activity that requires a certificate of occupancy, minor plat approval, certificate of conceptual plan approval, or final plat approval; and, d. All protected trees. 5.2. The activities, properties and trees that are exempt from the requirements of the tree ordinance are: a. Removal of trees posing an imminent threat or under emergency conditions; b. Commercial tree nursery and tree farm operations; c. Trees directed to be removed by municipal, county, state or federal authorities pursuant to law; and, d. City trees removed or pruned by utility companies as part of routine vegetation management activities, except that all removal and pruning shall be done in accordance with the arboricultural standards set forth in the tree conservation manual. 5.3. A summary of tree ordinance applicability and exemptions is included in the Tree Conservation Manual. 5.4. The applicant may apply the density-based Tree Conservation Ordinance or the canopy-based Tree Conservation Ordinance until July 31, 2020. 6. Tree Conservation Manual 6.1. There is hereby adopted a Tree Conservation Manual that sets forth the required standards and procedures for all activities required by the tree ordinance. 6.2. The tree conservation manual may be modified by the administrator as necessary to reduce outcomes contrary to the purpose and intent of the tree ordinance. 7. Definitions 7.1. All words used in the tree ordinance shall have their customary dictionary definitions except as specifically defined herein, or in the zoning regulations if not defined herein. City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted January 6, 2020 Page 4 7.2. The words “shall” and “must” are mandatory, and the words “may” and “should” are permissive. a. Active tree protection. The active and ongoing planning, installation and monitoring of physical measures undertaken to protect a tree during land disturbance or alteration. b. Administrator. The Director of the City of Milton Community Development Department. c. Agent, designated or authorized. An individual or entity authorized by the administrator to assist in the administration and enforcement of the tree ordinance for the city; or, an individual or other entity authorized by a property owner to conduct development, construction, or arboricultural activities on their property. d. Agricultural land use. Use of a lot zoned AG-1 that is related to active farming, livestock, or ranching, including using land as pasture, an equestrian estate or horse farm, or in the production of crops, horticultural products, the keeping of livestock, including but not limited to poultry and hoofed animals such as cattle, horses, goats and sheep, for commercial purposes and the construction and maintenance of agricultural accessory buildings. e. Applicant. A property owner or his/her authorized agent(s) applying for a tree removal, development, or right-of-way encroachment permit for a tree or property, or seeking approval for a tree canopy, tree protection, or tree planting and maintenance plan, or seeking approval for a minor subdivision plat, certificate of conceptual plan approval, final plat approval or certificate of occupancy. f. Appraised tree value. The dollar value of a tree as determined by a certified arborist using methodology set forth in the latest edition of the Guide for Plant Appraisal developed by the Council of Tree and Landscape Appraisers and published by the International Society of Arboriculture (www.isa- arbor.com). g. Buffer, state waters. An area along the course of any state waters required by city, state or federal regulations to be maintained in an undisturbed and natural condition. h. Buffer, zoning. As required by the zoning ordinance, a natural undisturbed portion of a lot, except for approved access and utility crossings, which is set aside to achieve a visual barrier between the use on the lot and adjacent City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted January 6, 2020 Page 5 properties and/or uses with natural vegetation or replanting of trees and shrubs if sparsely vegetated. i. Caliper. The diameter of the trunk of tree nursery stock or a newly planted tree measured at 6 inches above the ground line for trees with calipers 4 inches and smaller, and at 12 inches above the ground line for trees with calipers greater than 4 inches. j. Certified arborist. Professional who possesses the technical competence gained through experience and related training to provide for or supervise the management of trees and other woody plants in residential, commercial and public landscapes and whose level of training is certified by the International Society of Arboriculture. k. City. The City of Milton, Georgia. l. City arborist. The agent of the City of Milton assigned by the director of the community development department with the primary responsibilities of administration and enforcement of the tree ordinance. m. Clearcutting. A method of harvesting timber that results in the removal of all trees from all or a portion of a property. n. Commercial tree nursery or commercial tree farm. A property on which trees are grown and sold as wholesale or retail nursery stock by a business licensed by the City of Milton. o. Construction zone. The first 30 feet of the improved area adjacent to and extending out from buildings and other major structures, and the first 15 feet adjacent to and extending out from driveways, parking lots, other impervious surfaces and sanitary sewer systems (septic tanks and primary drainfields). p. Critical root zone (CRZ). For a conserved tree, the ground and soil area to a depth of 24 inches within the larger of either the dripline or a circular area with a radius extending out from the trunk 1.5 feet for every 1 inch of DBH; for a tree planted within the last 3 years, the ground and soil area to a depth of 24 inches within the larger of the open soil surface area required by the tree, 1.5 feet for every 1 inch in DBH, or the area within the dripline. q. Crown. The entirety of a tree’s scaffold limbs, branches and leaves. r. DBH. The diameter at breast height (4.5 feet above the ground line) of the trunk of an existing tree, calculated by dividing the circumference of the trunk by 3.14. City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted January 6, 2020 Page 6 s. Developed property. A property on which improvements currently exist and for which a certificate of occupancy has been issued. t. Development permit. A land disturbance permit, building permit, demolition permit, minor plat approval, conceptual plan approval or other permit or approval issued by the community development department authorizing the commencement of the disturbance, alteration, improvement or development of a given tract of land. u. Dripline. The vertical line extending from the outermost edges of a tree’s branches to the ground, that forms, more or less, a circle on the ground centered on the tree’s trunk. v. Establishment period. For a newly planted tree, the time from planting until the beginning of the fourth growing season on-site. w. Existing tree. An established tree growing on-site for at least 3 complete growing seasons. x. Forested area. An area at least 50 feet wide in any one dimension and at least 2,500 square feet in total area consisting of at least 5 trees with 75 percent tree canopy cover. y. Growing season. March 1 to November 30. z. Hazardous tree. A tree that is likely to fail wholly or in part, under normal environmental conditions as determined by a certified arborist. aa. Healthy tree. A tree with a live crown ratio greater than 30 percent, less than 50 percent crown dieback, no major structural defects, a life expectancy of 15 years or greater, and free from signs or symptoms of irreversible decline, severe insect or disease infestation, severe chlorosis, or other life- threatening conditions. bb. Heritage tree(s). A tree or tree group that is designated by the administrator to be of notable community interest because of its outstanding age or size, landmark recognition or historical association. cc. Improved area. The area within 60 feet of and including the footprint of a building, pool, or other major structure, within 30 feet of and including a road, driveway, parking area, walkway, patio and other allowable impervious surface, and within 15 feet of and including the footprint of the sanitary sewer system (septic lines, tank and primary drainfield) proposed for a lot. City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted January 6, 2020 Page 7 dd. Land disturbing activity. Any activity which may result in soil erosion from water or wind and movement of sediments into state water or onto lands within the state, including, but not limited to clearing, dredging, grading, excavating, transporting, and filling of land, but not including agricultural practices as set forth in the City of Milton Soil Erosion and Sedimentation Control Ordinance. ee. Landscape strip. An area required by the tree ordinance, the City of Milton zoning resolution or any condition of zoning, use permit or variance approval, which is reserved for the installation and/or maintenance of plant materials. ff. Live crown ratio. The percentage of the total height of a tree that is occupied by the tree’s live crown. gg. Lot. The basic lawful unit of land, identifiable by a single deed. A group of two or more contiguous lots owned by the same entity and used for a single use shall be considered a single lot. hh. Open soil surface area. The square foot area of the ground surrounding a planted tree that is required to remain permeable and open, covered only by a layer of mulch; the size of the area required varies by the mature height class of the tree being planted. ii. Passive tree protection. The ongoing avoidance of activities harmful to a tree, as further described in the tree ordinance, within the tree protection zone. jj. Planted tree. A tree that has been planted within the last 3 years and has not yet completed 3 growing seasons on-site. kk. Planting season. December 1 to March 1. ll. Priority area. An area on a lot where tree canopy cover is considered a priority over other areas due to the functions and benefits tree cover provides in that location. mm. Priority tree. A specimen or heritage tree. nn. Property. An area of land composed of less than one lot, or of accumulations of one or more lots, or parts thereof. oo. Protected tree. Any tree growing on city property, any tree 6 inches DBH or greater growing on developed property, any tree conserved or planted to City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted January 6, 2020 Page 8 meet tree ordinance requirements, any tree 2 inches DBH or greater growing on undeveloped property, any specimen tree, and any heritage tree. pp. Remediation plan. A plan that may be required by the city arborist from a property owner or his/her authorized agent after a written notice of violation or stop work order has been issued for the property describing how the conditions of violation of the tree ordinance shall be remedied in accordance with the city arborist’s requirements and the conditions stated on the notice, order, or other pertinent documentation. qq. Scaffold limbs. The large limbs branching off from the main trunk that form the basic structure of the tree’s crown and support the remaining branches and leaves. rr. Soil compaction. A change in soil physical properties which includes an increase in soil weight per unit volume and a decrease in soil pore space caused by repeated vibrations or frequent traffic and weight that can result in physical root damage, reduced root penetration, a decrease in soil oxygen levels and an increase in toxic gases. ss. Specimen tree(s). A tree or contiguous stand of trees of special value to the community due to its quality, size, or species, and meeting general and specific criteria as set forth in the tree ordinance, as determined by the city arborist. tt. Standard tree canopy cover credit. The square feet of tree canopy cover assigned to each of the tree canopy size classes, as set forth herein and in the tree species list. uu. Street tree. A tree located within a road frontage that is conserved or planted for the purpose of providing tree canopy cover over the public street right-of-way. vv. Thinning. Selective cutting of trees for timber products with the remaining trees more or less evenly distributed across a property. ww. Timber harvesting. The felling of trees for timber products (pulpwood, sawtimber, etc.) as part of ongoing forest management practices, by thinning or clearcutting. xx. Topping. The improper practice of the severe cutting back of limbs to stubs larger than 2 inches in diameter within the tree’s crown to such a degree that the tree canopy is removed or the crown shape typical of the species is City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted January 6, 2020 Page 9 disfigured, resulting in decay of the scaffold limbs or trunk and/or decline in main branch and sprout production. yy. Tree. A self-supporting woody perennial plant with the potential to reach a minimum DBH of 3 inches and height of 15 feet at maturity under natural conditions. zz. Tree bank. A site registered with the city on city or private property with at least 8,000 square feet of open space where growing conditions are favorable for the establishment of trees, and on which trees may be planted to satisfy tree replacement or minimum tree canopy cover requirements for another property. aaa. Tree canopy cover. The cover provided by tree crowns over the ground surface, either individually or as a group; also, a measure of the percent of a lot covered by all tree canopy, calculated by dividing the total area of tree canopy cover by the total area of the lot, and multiplying by 100. bbb. Tree canopy fund. A revenue account established by the city for receiving payments in lieu of meeting tree canopy cover requirements, donations, fees, and fines, and used by the city for the purchase, planting, and maintenance of trees on city property and community forest management activities. ccc. Tree canopy plan. A site plan showing how tree canopy cover requirements will be met on a lot, which trees will be conserved, how they will be protected, which new trees will be planted and where, and how they will be maintained. ddd. Tree canopy size, tree canopy size class. The amount of tree canopy cover a tree can be expected to provide at maturity under urban conditions, as determined by the species and categorized in the tree species list into four (4) size classes: very wide (1,600 square feet); wide (900 square feet); narrow (400 square feet); and, very narrow (150 square feet). eee. Tree canopy value. The dollar value of 100 square feet of tree canopy cover as set forth in the city’s fee schedule, and used for calculating payments into the tree canopy fund. fff. Tree conservation manual. A supplement to the tree ordinance containing standards and procedures required for tree ordinance compliance. ggg. Tree height class. The typical total height of a tree at maturity under urban conditions, as determined by the species and categorized in the tree City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted January 6, 2020 Page 10 species list into three (3) classes: large (greater than 50 feet tall); medium (25 to 50 feet tall); and, small (less than 25 feet tall). hhh. Tree ordinance. Chapter 60 – Vegetation of the City of Milton municipal code of ordinances. iii. Tree protection zone (TPZ). The tree protection zone includes the critical root zone of a tree, the tree’s trunk and the entirety of the tree’s crown. jjj. Tree removal permit. A permit required before a protected tree can be removed, destroyed or irreparably damaged. kkk. Tree species list. The City of Milton Tree Species List, which is located in the tree conservation manual and contains the tree species approved, and not approved, for conservation and planting to satisfy tree replacement or tree canopy cover requirements. lll. Undeveloped property. A lot on which no improvements currently exist and for which no certificate of occupancy has been issued. mmm. Unhealthy tree. A tree with major structural defects, a live crown ratio less than 30 percent or 50 percent or more crown dieback, or a tree exhibiting signs or symptoms of irreversible decline, severe mistletoe infection, severe insect or disease infestation that cannot be practically controlled, or severe chlorosis, as determined by a certified arborist. 8. Protected Trees 8.1. There is hereby established a category of trees that shall be known as protected trees as defined herein. 8.2. Protected trees shall only be removed after the issuance of a tree removal permit or approval of a tree canopy plan. 8.3. Protected trees shall be passively protected throughout their lives as set forth in the tree conservation manual. City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted January 6, 2020 Page 11 9. Specimen Trees 9.1. A tree or tree stand shall be considered specimen if, as determined by the city arborist, it meets all the general criteria and at least one of the specific criteria as set forth herein. 9.2. An individual specimen tree must meet all the following general criteria: a. A healthy tree with a life expectancy greater than 15 years as determined by a certified arborist; b. Crown size and shape typical of the species without significant dieback or disfiguration; c. Relatively sound and solid trunk with no more than one-quarter of the trunk circumference affected by wounds, cankers, decay or cavities, and with a column of decay in the center of the trunk encompassing no more than two- thirds of the trunk area; d. No major insect or disease problems; and, e. Free from severe mistletoe infestation causing irreversible tree decline. 9.3. An individual specimen tree must also meet, in addition to all the general criteria, at least one of the following specific criteria: a. Hardwood and softwood trees, except for pine species (Pinus spp.) with a minimum DBH of 24 inches for a tree in the large height class, 18 inches for a tree in the medium height class, and a minimum DBH of 8 inches for a tree in the small height class; b. Pine trees (Pinus spp.) with a minimum DBH of 27 inches; c. Rare or unusual species, shape or form; or, d. A tree specifically used by a builder, developer or design professional as a focal point in the landscape. 9.4. A specimen tree stand must be primarily composed of healthy trees, with no major insect or disease problems within the stand and must meet at least one of the following specific criteria: a. A relatively mature, even-aged stand; b. A stand with purity of species composition or of a rare or unusual nature; c. A stand of historical significance; d. A stand with exceptional aesthetic quality; or, City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted January 6, 2020 Page 12 e. A stand on a lot which is otherwise devoid of trees. 9.5. The city arborist shall make the determination of whether a tree or tree stand meets the criteria for specimen tree designation. 9.6. If removal of a specimen tree is approved, replacement requirements shall be as set forth in Section 25 of the tree ordinance. 9.7. When development is proposed for a lot, individual and stands of specimen trees shall be identified during the site survey process and documented on the tree canopy plan. 9.8. Special consideration shall be made to work around specimen trees and protect them. 9.9. Cost effective options for site, building, utility placement and hardscape and landscape designs that successfully conserve specimen trees are strongly encouraged. 9.10. All specimen trees successfully conserved and protected to meet tree canopy cover requirements shall be given 10 percent additional tree canopy cover credit over the actual or standard credit. 10. Heritage Trees 10.1. A tree or tree group shall be designated as heritage if it meets the criteria set forth herein, as determined by the administrator. 10.2. The administrator shall review heritage tree nominations and shall have the authority to designate trees as heritage. 10.3. Trees may be nominated for heritage tree status by either the tree owner or the city arborist by submitting a heritage tree nomination form to the community development department. 10.4. Within 15 business days after the submittal of a completed nomination form by a property owner to the community development department, the city arborist shall provide the administrator with a recommendation on whether the nominated tree or tree group should be designated as heritage. 10.5. For a tree or tree group to be designated as heritage, it must meet all the general criteria and at least one of the specific criteria set forth herein and as determined by the administrator. 10.6. A heritage tree or tree group must meet all the following general criteria: City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted January 6, 2020 Page 13 a. A healthy tree with a life expectancy greater than 15 years as determined by a certified arborist. b. Crown size and shape typical of the species without significant defects, dieback or disfiguration. c. Relatively sound and solid trunk with no more than one-quarter of the trunk circumference affected by wounds, cankers, decay or cavities, and with a column of decay in the center of the trunk encompassing no more than two- thirds of the trunk area. d. No major insect or disease problems. e. Free from severe mistletoe infestation causing irreversible tree decline. 10.7. A heritage tree or tree group must also meet, in addition to all the general criteria, at least one of the following specific criteria: a. State or county champion tree, as determined by the Georgia Forestry Commission (www.gfc.state.ga), or a tree that scores within 10 percent of the total score of a state or county champion tree of the same species using the scoring system described by the Georgia Forestry Commission. b. Documented age greater than 75 years old. c. An established and familiar feature or integral part of the community and its heritage and is recognized as such by the administrator. d. Designated by the Georgia Urban Forest Council (www.gufc.org) as a Landmark or Historic Tree. e. Documented historical significance. 10.8. When a tree removal permit application is submitted for a potential heritage tree or tree group, the city arborist shall inform the tree owner that the tree or tree group meets the criteria and will be nominated for heritage tree status before the tree removal permit is issued. 10.9. Only those trees listed on a tree removal permit application shall be eligible for heritage tree nomination by the city arborist. 10.1. Prior to the approval of a tree canopy plan for a lot that includes the proposed conservation or removal of a heritage tree or tree group, the city arborist shall inform the applicant that one or more trees on the lot meets heritage tree criteria and will be nominated for heritage tree status before the tree canopy plan is approved. City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted January 6, 2020 Page 14 10.2. Special consideration shall be made to work around heritage trees and protect them. 10.3. When development is proposed for a lot, heritage trees shall be identified during the site survey process and documented on the tree canopy plan. 10.4. Cost effective options for building, site, hardscape and landscape designs and utility placement that successfully conserve heritage trees are strongly encouraged. 10.5. The city arborist shall maintain a current list of designated heritage trees. 10.6. Heritage tree locations shall be recorded on the city’s GIS system. 10.7. All heritage trees successfully conserved and protected to meet tree canopy cover requirements shall be given 20 percent additional tree canopy cover credit over the actual or standard credit. 11. City of Milton Tree Species List 11.1. There is hereby adopted a City of Milton Tree Species List as set forth in the tree conservation manual that shall include species approved for conservation and planting to meet tree canopy cover requirements or replacement tree planting requirements. 11.2. The tree species list shall also include species not approved for tree conservation or planting to meet requirements that are invasive, have brittle or weak wood, poor structure or large thorns, are pest susceptible or are not well-suited to regional growing conditions. 11.3. Trees planted to satisfy tree canopy cover and tree replacement requirements of the tree ordinance shall be selected from the City of Milton Tree Species List. 11.4. A species of tree not on the City of Milton Tree Species List, or not approved for planting in a specific location, may be approved for planting by the city arborist if the species: a. Has a reasonable chance of success in the landscape; b. Is recommended by a certified arborist; c. Is not proposed for planting in large quantities; and, d. Has growth or habit characteristics that fit a specific need for the location. 11.5. Tree species not listed or approved by the city arborist for tree conservation or planting for the purpose of meeting tree canopy cover requirements shall not be eligible for tree canopy cover credit. City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted January 6, 2020 Page 15 12. City Tree Management 12.1. The city shall have the right to manage city trees, including planting, maintaining, pruning and removing trees within the rights-of-way of all city streets, roads, and highways, in parks, around city facilities, and on other city property as may be deemed necessary or desirable to achieve community forest goals. 12.2. It shall be unlawful and a violation of the tree ordinance to damage, destroy or remove any city tree, or engage in any prohibited activity listed in the tree protection standards within the critical root zone of a city tree, without a tree removal permit, right-of-way encroachment permit, or prior approval of the city arborist. 12.3. A tree protection plan submitted by the applicant and approved by the city arborist and a right-of-way encroachment permit issued by the department of public works shall be required prior to the commencement of any activity that is proposed on city property within the critical root zone of a city trees. 13. Hazardous Trees on Private Property 13.1. The city shall provide a written notice to the owner of any tree on private property that is in a hazardous condition and threatens public health, safety and welfare. 13.2. The written notice shall state the type of risk, the mitigation required and the time within which the mitigation shall occur. 13.3. Should the property owner fail to mitigate the risk within the stated time, the city may cause to have the risk mitigated and require the property owner to reimburse the city for the cost of such mitigation. 14. Variances 14.1. A person requesting a variance from the provisions of the tree ordinance shall do so in writing to the director of the community development department. 14.2. All variance requests shall be accompanied by a completed variance request application, a tree canopy plan or other documentation requested by the city arborist and a non-refundable filing fee in the amount set forth in the city’s current fee schedule. 14.3. The city arborist shall provide a recommendation on whether to approve the variance request to the board of zoning appeals. 14.4. The board of zoning appeals shall review the city arborist’s recommendation and decide on whether to approve the variance request. City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted January 6, 2020 Page 16 14.5. The board of zoning appeals may approve a variance to any provision of the tree ordinance where the unique natural features of the lot are such that application of these regulations would create an undue hardship to the property owner, and in other instances where an undue hardship is created for the property owner. 14.6. The following factors shall be considered in evaluating the variance request: a. Whether a literal enforcement of the tree ordinance will create an undue hardship or an unreasonable practical difficulty on the applicant; b. Whether the situation causing the undue hardship or practical difficulty is unique to the affected lot and is not self-imposed; c. Whether a reasonable accommodation or alternative solution can be made to accomplish the desired activity without the alteration of the tree; d. Whether the variance will injure or be wholly compatible with the use and future or existing development of adjacent properties; e. Whether the increased development costs caused by conserving the tree create an undue hardship on the development of the lot; f. Whether there is any identified adverse effect of the alteration or conservation on erosion, soil moisture retention, flow of surface water, and drainage systems; g. Whether there is any substantial impact to the buffering of residential areas from the noise, glare, and visual effects of non-residential uses. h. The costs versus the benefits of relocating required utility service infrastructure and easements based on the conservation or alteration of protected trees; i. Whether the proposed tree replacement procedures adequately mitigate the alteration of the tree; j. Whether the alteration adversely affects public health, safety and welfare; k. Whether the granting of the variance will be in harmony with the purpose and intent of the tree ordinance to the greatest degree reasonably possible. 15. Appeals 15.1. Any person aggrieved or adversely affected by any decision of the city arborist relating to the application of the tree ordinance may file an appeal within 30 days of the decision with the director of the community development department for relief or reconsideration. City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted January 6, 2020 Page 17 15.2. Any person aggrieved or adversely affected by any decision of the director of the community development department relating to the application of the tree ordinance may file an appeal within 30 days of the decision with the board of zoning appeals through the director of the community development department. 15.3. Appeals shall only be granted for errors of interpretation. 16. Inspections 16.1. The administrator or his/her agent(s) shall have the authority to conduct inspections as required by the tree ordinance, and periodically or as deemed necessary to monitor land disturbing activities, tree removal activities, or other permitted or non-permitted activities for compliance with the tree ordinance. 16.2. No person shall refuse entry or access to any authorized agent(s) of the city who requests entry for the purpose of inspection and who presents appropriate identification, nor shall any person obstruct, hamper or interfere with any such agent while in the process of carrying out his/her official duties. 16.3. The city arborist shall be the primary individual responsible for conducting site inspections and, at a minimum, shall make the following inspections: a. Prior to approval of a tree removal permit, right-of-way encroachment permit, tree canopy plan, tree protection plan, or tree planting and maintenance plan and prior to making a recommendation to the Planning Commission on a tree ordinance variance request for the purpose of assessing site and tree conditions; b. After permit or plan approval and after installation of tree protection measures required and before any land disturbance or right-of-way encroachment occurs to assess compliance with tree protection requirements; c. Prior to the issuance of a certificate of occupancy or final plat approval to assess compliance with the tree canopy plan and all tree ordinance requirements; and, d. One (1) and three (3) years after project completion and issuance of a certificate of occupancy or final plat approval to assess tree health and survival on properties with an approved tree canopy plan. 16.4. Additional site inspections may take place at any time before, during and/or after project completion to monitor compliance with applicable tree ordinance requirements. City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted January 6, 2020 Page 18 16.5. The city arborist shall document each inspection on a site inspection form. 16.6. The city arborist may also monitor tree canopy cover on a lot using the city’s geographic information system and current aerial photography for assessing ongoing compliance with tree canopy cover requirements, and shall maintain a record of such measurements. 17. Enforcement 17.1. It shall be the duty of the administrator and his/her agent(s) to enforce the tree ordinance. 17.2. The administrator or his/her agent(s) shall have the authority to modify, revoke, suspend, or void any development permit, right-of-way encroachment permit or tree removal permit and suspend all work on a property or any portion thereof if a violation occurs until it is determined that the property is in full compliance with the tree ordinance. 18. Notice of Violation 18.1. If, through inspection, it is determined that an applicant, his/her authorized agent(s), or other person or company has engaged in land disturbing or other prohibited activities which have resulted in the damage or removal of trees without a required permit or approval, or failed to comply with the terms and conditions of an approved tree removal permit or tree canopy plan, or is otherwise responsible for a violation of the tree ordinance, then a written notice of violation may be served upon the applicant, his/her authorized agent(s), and/or other person or company responsible for the land disturbance or prohibited activity. 18.2. The notice shall set forth the measures necessary to correct the violation and achieve compliance and shall state the time frame within which such measures must be completed. 18.3. If the applicant, his/her authorized agent(s), or the person or company otherwise responsible for the violation fails to correct the violation or comply with tree ordinance requirements within the time frame specified on the notice of violation, he/she shall be subject to a citation and may be subject to a stop work order, fines, and penalties pursuant to sections 19 and 20 of the tree ordinance. 18.4. Reinspection to assess compliance after a violation shall require a separate re- inspection fee as set forth in the city’s fee schedule. City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted January 6, 2020 Page 19 19. Stop Work Order 19.1. The administrator may require that work on any project that is in violation of the tree ordinance be immediately stopped to avoid further damage and until such time that the violation has been remedied to the satisfaction of the city arborist. 19.2. The issuance of a written or verbal notice of violation is not required prior to or in conjunction with the stop work order if the city arborist or city inspector determines that work must be stopped immediately to avoid further damage. 19.3. The stop work order shall: a. Be in writing; b. State specific violations; c. Be given to the applicant, property owner, the authorized agent(s) of either, or the person performing or responsible for the activity resulting in the violation; d. State the conditions under which work may be resumed; and, e. Allow only erosion control work to continue while the stop work order is in effect. 19.4. Where an emergency exists, a verbal order to stop work by the administrator or his/her agent(s) shall be given, with issuance of a written order required within 24 hours. 19.5. The city arborist may require that a revised tree canopy plan or separate remediation plan be submitted for approval before remediation or any other work commences on-site. 19.6. The following violations shall result in issuance of an emergency, verbal stop work order: a. Land disturbing or tree removal within state water buffer or zoning buffer; b. Land disturbance within the critical root zone of protected trees or removal of trees designated for conservation on an approved tree canopy plan; c. Non-permitted protected tree removal, land disturbance, or prohibited activities within the critical root zone of a specimen or heritage tree; or, d. Improper installation or maintenance of required tree protection measures. City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted January 6, 2020 Page 20 20. Fines and Penalties 20.1. Fines and penalties shall be assessed for citations, according to the following criteria: a. Any person who violates any provisions of the tree ordinance may be fined up to $1,000 per tree; b. Each calendar day a violation exists shall be considered a separate offense; c. There are no maximum limitations to the accrual of fines; d. In the event a city tree is damaged or destroyed, the person responsible may be required to reimburse the city for the appraised tree value; e. The replacement of trees and additional tree canopy cover may be required in addition to other fines or penalties imposed; f. Offenses shall be tried in Milton Municipal Court; g. Each owner of property wherein a violation exists, or each owner of a boundary tree, shall be jointly responsible for said violation; and, h. Fines received for violations to the tree ordinance shall be deposited into the tree canopy fund. ARTICLE II. TREE CANOPY ON DEVELOPED PROPERTY 21. Tree Canopy Management 21.1. On developed properties, tree canopy cover shall be managed through establishing tree canopy priorities, tree canopy cover requirements and tree removal permitting and replacement requirements. 22. Tree Canopy Priorities 22.1. Priority areas on developed properties for tree conservation and planting shall be: a. Rural viewsheds; b. Road frontages; c. Turf areas; d. Required yards; e. Landscape strips and landscape islands; and, f. Buffers. 22.2. Priority trees for conservation shall be specimen and heritage trees. City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted January 6, 2020 Page 21 23. Tree Canopy Cover Requirements 23.1. The minimum amount of tree canopy cover required on a developed lot, in the absence of further development, shall be the amount existing as of the date of adoption of the tree ordinance. 23.2. When an application for a land disturbance, building or demolition permit for additional improvements to a developed lot that will affect, in any way, the existing tree canopy cover on the lot, or when an application for minor plat approval or conceptual plan approval is submitted for a lot previously developed, the amount of tree canopy cover required shall be the same as for an undeveloped lot pursuant to Article III of the tree ordinance, and a tree canopy plan shall be required. 24. Tree Removal Permit 24.1. On a developed lot that is not undergoing further development or improvement, a tree removal permit is required prior to the removal of any protected tree or before any protected tree is irreparably damaged or destroyed, resulting in the need for its removal. 24.2. The removal of a protected tree without a tree removal permit shall constitute a violation of the tree ordinance and may result in a citation and fine for the tree owner and any person involved in cutting, removing or damaging the tree. 24.3. Application for a tree removal permit shall be made by the tree owner or his/her authorized agent, to the community development department. 24.4. A tree removal permit shall not be required for the removal of city trees by the city or its authorized agent(s). 24.5. A tree removal permit is not required to remove a tree causing imminent threat to people, property or public health, safety and welfare or under emergency conditions. 24.6. A tree removal permit is required for the removal of a dead, unhealthy or invasive tree. 24.7. A tree removal permit application fee shall be required, except for an application for the removal of a dead, unhealthy or invasive tree. 24.8. The city arborist shall make a site visit to inspect the trees proposed for removal within 10 days of the date of application and prior to approving or denying the tree removal permit application to: a. Verify the information contained in the application; City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted January 6, 2020 Page 22 b. Verify the amount of tree canopy cover proposed for removal; c. Determine replacement requirements; and, d. Evaluate other conditions on the lot that may affect the city arborist’s decision to approve or deny the tree removal permit application. 24.9. A tree removal permit shall be approved if one or more of the following conditions are met, as determined by the city arborist, or a written report from a certified arborist: a. Tree is dead, unhealthy, or invasive; b. Tree is in irreversible decline or at the end of its normal life span; c. Tree is infested with an insect or disease that has compromised the tree’s health and survival, or may harbor an insect or disease organism that threatens surrounding trees; d. Tree is at risk for whole or partial tree failure; e. An unresolvable conflict exists between the tree and overhead utility lines, underground utility lines, utility infrastructure, sidewalks, walkways, other paved surfaces, or an existing structure; f. Removal of the tree is necessary for sight, traffic, pedestrian, vehicle, traffic sign, or other safety-related clearance; g. Trunk wounds with decay exist that cover greater than 25 percent of the circumference of the trunk; h. Trunk cavity or central column of decay exists that is greater than two-thirds the diameter of the trunk at the point of the cavity; i. Structural defects exist in the scaffold limbs, where defect correction through pruning will result in removal of 50 percent or greater of the tree’s crown; j. Litter originating from the tree creates an unsafe condition or poses a hazard to public health, safety and welfare; or, k. Tree is located such that a desired use on a lot (construction, installation, or expansion of a building, pool, garden, or other site amenities) is not possible without the removal of the tree, except that every effort shall be made to place such structures or amenities where tree removal will not be required. 24.10. A tree removal permit may be approved under other unique conditions or extenuating circumstances by the city arborist. City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted January 6, 2020 Page 23 24.11. Conditions under which protected tree removal is not permitted include but are not limited to: a. Removal of trees in excess of the number of trees necessary for the reasons stated on the permit application; b. Tree health or structural issues have not been confirmed by the city arborist or a certified arborist; c. Tree removal is proposed for the purpose of sign installation, clearance or visibility, excluding traffic, directional, warning or information signs owned by any public or semi-public agency; d. For unwanted production of a normal amount of leaves, fruit, or other organic litter that does not create an unsafe condition or that is not a hazard to public health, safety and welfare; e. To reduce the amount of native tree canopy cover on the lot to install formal, non-native landscaping; f. To substantially increase the amount of turf on the lot without a specific purpose; and, g. To substantially increase the amount of impervious surface on the lot through paving, building construction, or other such impervious feature without an approved tree canopy plan. 24.12. The city arborist will take into consideration the amount of tree canopy cover existing on the lot at the time of application for a tree removal permit, the total square feet of tree canopy cover proposed for removal, and the number of tree removal permits approved for the lot within the last five (5) years. 24.13. When trees are removed on a lot without a tree removal permit under imminent threat or emergency conditions, the owner of such trees shall provide an oral or electronic notice via telephone, text or e-mail to the city arborist prior to or immediately after the removal. 24.14. Should the city arborist determine that an imminent threat or emergency removal was not warranted, an after-the-fact permit and fee shall be required in addition to replacement tree planting pursuant to Section 25 of the tree ordinance. 24.15. Replacement of the tree canopy removed, whether permitted or not permitted, shall be required pursuant to Section 25. City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted January 6, 2020 Page 24 25. Tree Canopy Replacement 25.1. The square feet of tree canopy cover provided by a protected tree that is approved for removal on a lot shall be replaced if, after the removal, the lot has less than the minimum tree canopy cover listed in Table 1. 25.2. The square feet of tree canopy cover provided by a protected tree that is topped on a developed commercial or non-residential lot shall be replaced on the lot regardless of whether the lot has the minimum tree canopy cover listed in Table 1. 25.3. Tree canopy replacement shall not be required after the approved removal of a dead, unhealthy, or invasive tree, a tree posing an imminent threat, or a tree removed under emergency conditions. 25.4. Tree canopy replacement shall not be required after the approved removal of trees on a AG-1 zoned lot greater than 3 acres that is intended for agricultural land use or use as an equestrian estate or horse farm as follows: a. A waiver of minimum tree canopy cover requirements shall be assigned to the lot if requested in writing by the property owner. b. If the lot is not used for agricultural use, an equestrian estate, or horse farm within 2 years after the approved removal of trees for such use then the waiver shall become invalid and the minimum tree canopy cover listed in Table 1 shall be required on the lot within 1 year after the issuance of a written notice of non-compliance by the city. c. Upon application for a development permit on a lot with a waiver of minimum tree canopy cover requirements: 25.4.c.1. The waiver shall become invalid; 25.4.c.2. Tree canopy cover requirements shall be the same as for an undeveloped lot pursuant to Article III of the tree ordinance; 25.4.c.3. A tree canopy plan shall be required showing how tree canopy cover requirements will be met on the lot; and, 25.4.c.4. No development permits shall be issued until a tree canopy plan is approved by the city arborist for the lot. 25.5. For specimen tree replacement, the square feet of tree canopy cover approved for removal, plus an additional 20 percent, shall be replaced on the lot if, after the removal, the lot has less than the minimum tree canopy cover listed in Table 1. City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted January 6, 2020 Page 25 25.6. For heritage tree replacement, the square feet of tree canopy cover approved for removal, plus an additional 40 percent, shall be replaced on the lot if, after the removal, the lot has less than the minimum tree canopy cover listed in Table 1. 25.7. Protected trees approved for removal because they have excessive or hazardous litter or noxious fruiting habits, including specimen or heritage trees, shall require replacement of no more than one-half of the tree canopy cover approved for removal. 25.8. Replacement trees shall be a minimum of 2-inch caliper for non-specimen and non-heritage protected trees and 4-inch caliper for specimen or heritage trees at the time of planting. 25.9. When a protected tree is removed without a tree removal permit, two (2) times the standard tree canopy cover credit for the species for non-specimen and non- heritage protected trees, and four (4) times the canopy removed or standard tree canopy cover credit, whichever is greater, for specimen trees and eight (8) times the canopy removed or standard tree canopy cover credit, whichever is greater, for heritage trees, shall be replaced on the lot with 4-inch caliper trees regardless of whether the lot meets minimum tree canopy cover requirements. 25.10. For specimen and heritage tree removal and replacement on commercial and non-residential properties, an approved tree planting and maintenance plan as described in Section 27 shall be required prior to the approval of a tree removal permit. 25.11. A tree planting and maintenance plan shall be required for replacement of specimen and heritage trees on developed commercial and non-residential properties; the plan shall be drawn to scale and include the following: a. Location of lot boundaries; b. Trunk location, species, DBH, and actual tree canopy cover of specimen and heritage trees proposed for removal; c. Trunk location, species, caliper, and tree canopy cover credit for replacement trees proposed for planting; d. A 3-year maintenance plan and schedule to include timing of mulching, mulching materials, timing and method of irrigation, timing and purpose of proposed pruning, timing of removal of staking, and timing of inspections; and, City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted January 6, 2020 Page 26 e. Contact information for the person responsible for monitoring compliance with the tree planting and maintenance plan. 25.12. All planting and maintenance activities for required replacement trees shall be completed in accordance with the standards set forth in the tree conservation manual. 25.13. Alternative compliance for tree replacement, as further described herein, may be recommended by the city arborist and approved by the administrator. 25.14. Replacement trees shall be passively protected throughout their lives. ARTICLE III. TREE CANOPY ON UNDEVELOPED PROPERTY 26. Tree Canopy Management 26.1. On undeveloped properties, tree canopy cover shall be managed through tree canopy cover requirements, and tree conservation and planting to meet those requirements. 27. Tree Canopy Priorities 27.1. Priority areas on undeveloped properties for tree conservation and planting shall be: a. Rural viewsheds; b. Road frontages: c. Parking lots; d. Landscape strips and landscape islands; and, e. Buffers. 27.2. Priority trees for conservation shall be specimen and heritage trees. 28. Tree Canopy Plan 28.1. An approved tree canopy plan shall be required as a condition of approval of any land disturbance, building, or demolition permit, minor subdivision plat or conceptual subdivision plan. 28.2. An approved tree canopy plan shall serve as an approved tree removal permit for the purposes of land development. 28.3. The tree canopy plan shall be certified by a certified arborist, registered forester or registered landscape architect. City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted January 6, 2020 Page 27 28.4. The tree canopy plan shall include a site survey, a tree protection plan for existing trees that will remain on a lot and a tree planting and maintenance plan for trees to be planted on the lot to meet tree canopy cover requirements, and shall include the following: a. A table summarizing how tree canopy requirements will be met with conserved and planted trees; b. Surveyed trunk location, DBH, species of all individually growing trees on the lot, with specimen and heritage trees identified; c. Location of tree groups and forested areas with description of primary species and average DBH; d. Trunk location, species, DBH, location of the critical root zone and square feet of tree canopy cover of individual trees proposed for conservation; e. Trunk location, species, and caliper of all trees proposed for planting; f. Outline of the improved area and construction zone; g. Location of all existing and proposed improvements, including buildings, driveways, walkways, other structures and impervious surfaces, and sanitary sewer systems; h. planting, staking and mulching; i. Location and type of all existing and proposed utilities; j. Location of storage and parking areas for soil, construction materials, personal vehicles and construction equipment; k. Location of equipment washout rea and equipment maintenance area outside of all tree protection zones and tree planting areas. l. Location of ingress and egress points and access roads for vehicles and construction equipment; m. Grade changes, areas of excavation and fill, location of retaining walls, and other changes to the existing grade that may affect the critical root zones of trees proposed for conservation; and, n. Name and contact information of property owner and primary authorized agent(s) responsible for tree canopy plan compliance. 28.5. The site survey shall be certified by a registered surveyor. City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted January 6, 2020 Page 28 28.6. A tree protection plan shall be required as part of the tree canopy plan when trees are proposed for conservation to meet tree canopy cover requirements and may be a separate plan or a part of the tree canopy plan. 28.7. A tree protection plan shall be required with an application for a right-of-way encroachment permit either related, or unrelated, to development, for any activity on city or private property that will encroach on the critical root zone of a city tree. 28.8. The tree protection plan shall be certified by a certified arborist or registered forester. 28.9. The city arborist shall be responsible for reviewing all tree protection plans and shall determine whether the tree protection plan complies with all applicable tree ordinance requirements. 28.10. For tree protection plans required for right-of-way encroachment permit applications, a tree protection plan review fee shall be required at the time of application in an amount set forth in the city’s fee schedule. 28.11. The tree protection plan shall include the following: a. Map of the lot delineating where disturbance activity will occur; b. Trunk location, species, and DBH of trees to be protected; c. Location of the limits of the critical root zones and tree protection fencing; d. Notations of all methods of tree protection to be used with descriptions of materials to be used; e. Illustrations and construction details for tree protection zone and tree protection fencing; f. Sign and text size, color, composition, and text of signage to be used in identifying the area as a tree protection zone; and, g. Name and contact information for the person responsible for monitoring and maintaining tree protection measures during construction. 28.12. A tree planting and maintenance plan shall be required as part of the tree canopy plan when trees are proposed for planting on a lot to meet tree canopy cover requirements, and for the planting of replacement trees for specimen and heritage trees approved for removal on developed commercial and non- residential properties. City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted January 6, 2020 Page 29 28.13. The tree planting and maintenance plan shall be certified by a certified arborist, registered forester, or registered landscape architect. 28.14. The city arborist shall be responsible for reviewing all tree planting and maintenance plans and shall determine whether the plan complies with all applicable tree ordinance requirements. 28.15. The tree planting and maintenance plan required with the tree canopy plan shall be drawn to scale and shall include the following: a. Location of lot boundaries. b. Trunk location, species, caliper of all trees proposed for planting on the lot to meet tree canopy cover requirements; c. A 3-year maintenance plan and schedule to include timing of mulching, mulching materials, timing and method of irrigation, timing and purpose of proposed pruning, timing of removal of staking, and timing of inspections; and, d. Contact information for person responsible for monitoring compliance with the tree planting and maintenance plan. 28.16. The tree canopy plan, site survey, tree protection plan, and tree planting and maintenance plan may be combined onto a single plan if all required information can be clearly depicted 28.17. The city arborist shall be responsible for reviewing all tree canopy plans and shall decide whether the tree canopy plan shall be approved, denied, or approved with changes. 28.18. A tree canopy plan review application fee shall be required at the time of plan submittal in an amount set forth in the city’s fee schedule. 28.19. No tree damage or removal, or land disturbance shall take place on an undeveloped lot without an approved tree canopy plan showing how tree canopy cover requirements will be met. 28.20. Conformance with all aspects of an approved tree canopy plan, as determined by the city arborist, shall be required prior to the issuance of a certificate of occupancy or final plat approval. 28.21. All tree protection, planting and maintenance activities shall be completed in accordance with the standards set forth in the tree conservation manual. City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted January 6, 2020 Page 30 29. Tree Canopy Cover Requirements 29.1. Tree canopy cover shall be required on all undeveloped properties as a condition of development. 29.2. The amount of tree canopy cover required on a lot as a condition of development shall be the amount currently existing outside of the improved area and within the lot boundaries, or the minimum amount set forth in Table 1, whichever is greater, and shall include trees in required locations as described in Section 29. 29.3. The minimum amount of tree canopy cover required shall be based on the zoning district, and lot size for residential properties, and shall be as set forth in Table 1. Table 1. Minimum Tree Canopy Cover Required Zoning District Minimum Tree Canopy Cover Required as a Percent of Total Lot Area AG-1 60% C-1 50% CBS 50% CS 50% CUP 60% H 30% MHP 60% MIX 40% NUP 60% O-I 40% R-1 60% R-2 60% R-2A 60% R-3 50% R-3A 50% R-4 50% R-4A 50% R5 40% R-5A 40% R-6 40% Suburban A 50% T2 60% T3 50% T4 30% City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted January 6, 2020 Page 31 Table 1. Minimum Tree Canopy Cover Required Zoning District Minimum Tree Canopy Cover Required as a Percent of Total Lot Area T4 - Open 30% T4P 30% T4R 30% T5 10% T5R 10% T6 10% TR 30% Residential lots less than 1 acre, regardless of zoning district 40% Residential lots less than 1/3 acre, regardless of zoning district 20% Residential lots greater than 1.5 acres with documented agricultural land use 0% Residential lots greater than 1.5 acres with 25 percent or less tree canopy cover for 10 years prior to development ½ tree canopy cover requirement for the zoning district Residential lots 5 acres and greater with greater than 25 percent tree canopy cover and less than 15 percent impervious surface cover The requirement for the zoning district less 5 percent Residential lots 5 acres and greater with greater than 25 percent tree canopy cover and less than 10 percent impervious surface cover The requirement for the zoning district less 10 percent 29.4. In subdivision developments, tree canopy cover requirements shall apply to both the entire development and to each lot within the development. 29.5. Residential lots that are greater than 1.5 acre and have had 25 percent tree canopy cover or less for at least 10 years prior to development shall have their minimum tree canopy cover requirement reduced by one-half, except that trees shall still be required in rural viewsheds, road frontages, parking lots, landscape strips and buffers as required by the tree ordinance and the zoning regulations. 29.6. Residential lots that are 5 acres or greater in size with greater than 25 percent tree canopy cover shall have their minimum tree canopy cover requirement reduced by 5 percent (for example, a requirement of 60 percent becomes 55 percent) if they also have less than 15 percent total impervious surface on the City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted January 6, 2020 Page 32 lot, or by 10 percent (i.e., a requirement of 60 percent becomes 50 percent) if they also have less than 10 percent total impervious surface on the lot. 29.7. Residential lots that are greater than 3 acre shall be exempt from minimum tree canopy cover requirements if the proposed use is for an equestrian estate, horse farm or other agricultural land use, except that trees shall still be required in rural viewsheds, road frontages, parking lots, landscape strips and buffers as required by the tree ordinance and the zoning regulations. In such cases, a waiver of minimum tree canopy cover requirements shall be assigned to the lot. If the property is not used for agricultural use, an equestrian estate, or horse farm for any 2-year period after the issuance of a certificate of occupancy, then the waiver shall become invalid and the minimum tree canopy cover listed in Table 1 shall be established on the lot within 1 year after issuance of a written notice of non-compliance by the city. 29.8. Recompense for specimen trees approved for removal within the improved area shall be required at 120 percent of the actual amount of tree canopy cover removed regardless of whether the lot meets minimum tree canopy cover requirements. 29.9. Recompense for heritage trees approved for removal within the improved area shall be required at 140 percent of the actual amount of tree canopy cover removed regardless of whether the lot meets minimum tree canopy cover requirements. 29.10. Trees shall be conserved for tree canopy cover credit in accordance with the requirements that follow. a. All healthy trees outside of the improved area shall be conserved and protected from damage during construction. b. Trees outside of the construction zone, but within the remaining improved area, may be conserved for tree canopy cover credit if they can be successfully protected from damage during construction as determined by the city arborist. c. Trees shall be conserved to the greatest extent possible in priority areas to meet tree canopy cover requirements. d. Regardless of whether the lot meets minimum tree canopy cover requirements, trees shall be required, either conserved or planted, in rural viewsheds, road frontages, parking lots, landscape islands, landscape strips and buffers as set forth in the zoning regulations and Section 29 of the tree ordinance. City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted January 6, 2020 Page 33 e. Existing trees 2 inches DBH and greater, except for invasive species listed on the tree species list or otherwise known to be invasive, shall be eligible for tree canopy cover credit. f. Every effort should be made to conserve trees, especially pine trees, in groups or stands as the conservation of a single or few trees previously growing within a stand will predispose such trees to windthrow. g. Individual trees without overlapping crowns shall be given their actual tree canopy cover or the standard tree canopy cover credit for the species. h. Groups of 4 or less trees with overlapping crowns and less than 2,500 square feet of tree canopy cover shall be given the actual tree canopy cover credit for the group as a whole. i. Forested areas shall be given the actual tree canopy cover credit for the forested area as a whole. j. Individual trees within forested areas shall not individually or separately be given tree canopy cover credit. k. Forested areas shall remain in an undisturbed condition and turf, mowing, removal of the natural leaf litter, and clearing of underbrush other than invasive plants are prohibited within the limits of the forested area. l. No tree maintenance shall be required in forested areas, except for that necessary to maintain a healthy stand of trees. m. Forested areas dominated by non-native, invasive, and/or exotic plant species (kudzu, for example) shall not be eligible for tree canopy cover credit. n. A tree removal permit is required to remove a protected tree within a forested area. o. Trees conserved to meet tree canopy cover requirements shall be actively protected during construction and passively protected at all times. p. On commercial and other non-residential properties, specimen and heritage trees that have been conserved to satisfy tree canopy cover requirements shall be passively protected throughout their lives. q. Tree canopy cover credit shall be assigned to conserved individual trees and groups of trees as further set forth in the tree conservation manual. City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted January 6, 2020 Page 34 29.11. Tree Planting for Canopy Credit a. When tree conservation alone cannot satisfy the tree canopy cover and location requirements, the planting of additional trees shall be required. b. A standard amount of tree canopy cover credit shall be assigned to a planted tree based on its species and tree canopy size class as set forth in the tree species list located in the tree conservation manual. c. Trees planted to meet tree canopy cover requirements shall be passively protected at all times. 30. Required Tree Locations 30.1. Rural Viewsheds a. Where rural viewsheds are required in accordance with zoning regulations, the entire area encompassed by the rural viewshed shall be eligible for tree canopy cover credit. b. For minor subdivisions and individual undeveloped residential properties, the conservation of trees in a rural viewshed shall be eligible for a bonus of 20 percent additional square feet of tree canopy cover credit. For example, if the rural viewshed has 3,000 square feet of actual tree canopy cover, a bonus of 600 square feet will be added as a bonus for a total credit of 3,600 square feet. c. Individual conserved or planted trees within rural viewsheds shall not be given tree canopy cover credit individually or separately. d. No disturbance of the vegetation, including herbaceous plants, shrubs or vines, is allowed within forested areas conserved for rural viewsheds, except for the removal of Chinese privet (Ligustrum sinense), kudzu (Pueraria montana var. lobata), or English ivy (Hedera helix) and other invasive species with city arborist approval. e. Trees shall be planted at a spacing compatible with tree placement standards set forth in the tree conservation manual, except that closer spacing or clumping may be approved by the city arborist if the design meets the purpose and intent of the tree ordinance. 30.2. Road Frontages a. In all new developments, a minimum of 1 street tree per 30 linear feet shall be required along road frontages on private property to provide tree canopy over paved streets, sidewalks, and trails. City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted January 6, 2020 Page 35 b. Street tree requirements may be met with either conserved or planted trees. c. For planted street trees, the amount of available growing space above and below ground shall dictate which tree species may be planted as set forth in the tree conservation manual. d. Trees of the largest mature height and widest tree canopy size classes that match the available growing space within the road frontage shall be planted. e. Street trees shall be planted at a spacing compatible with tree placement standards set forth in the tree conservation manual, except that closer spacing or clumping may be approved by the city arborist if the design meets the purpose and intent of the tree ordinance. f. Street trees may be planted on the city street right-of-way if adequate growing space does not exist within the private property road frontage, but does exist within the city street right-of-way, if approved by both the city arborist and public works director. 30.3. Parking Lots a. Parking lot landscaping shall conform to requirements in Chapter 64. – Zoning, Article III. – Tree Preservation and Administrative Guidelines, Sec. 64- 238 – Parking lot landscaping, and to the requirements set forth herein. Where differences between the provisions exist, the more restrictive provisions shall prevail. b. All parking lots shall be required to have a minimum of 60 percent tree canopy cover. c. Trees shall be evenly distributed throughout the parking lot to maximize tree functions and benefits. d. There shall be a minimum of one (1) very wide or wide canopy tree for every 6 parking spaces. e. Trees in the very narrow tree canopy size class shall not be eligible for tree canopy cover credit in parking lots. f. At least 75 percent of the trees planted to meet parking lot tree canopy requirements shall be trees in the very wide or wide tree canopy size classes. g. No parking space shall be greater than 60 feet from the trunk of a tree. h. All trees planted within parking areas or otherwise surrounded by pavement shall have a minimum amount of open soil surface and rooting area in accordance with the standards set forth in the tree conservation manual. City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted January 6, 2020 Page 36 i. In parking lots and other paved areas where expanded rooting and water infiltration areas are created with permeable pavement, structural soils or suspended pavement, the minimum open soil surface area may be reduced up to 50 percent if permeable pavement is used or up to 30 percent if structural soils or suspended pavement are used. j. Light poles and trees shall not share parking lot landscape islands to eliminate the need for severe pruning of tree crowns as they mature. k. Stormwater runoff into parking lot landscape islands may be permitted upon approval by the city arborist if the design meets the intent and purpose of the tree ordinance. 30.4. Landscape Strips a. Landscape strips shall be required as set forth in Chapter 64. – Zoning, Article III. – Tree Preservation and Administrative Guidelines, Sec. 64-237 – Minimum landscape strips and buffers, zoning regulations and the requirements set forth herein; where differences between the provisions exist, the more restrictive provisions shall prevail. b. Trees within required landscape strips shall be provided as follows: 30.4.b.1. In landscape strips 25 feet wide or less, a minimum of one (1) tree for every 30 linear feet of landscape strip, at a spacing compatible with tree placement standards set forth in the tree conservation manual, except that closer spacing or clumping may be approved by the city arborist. 30.4.b.2. In landscape strips greater than 25 feet wide, a minimum of one (1) tree for every 20 linear feet of landscape strip, at a spacing compatible with tree placement standards set forth in the tree conservation manual, except that closer spacing or clumping may be approved by the city arborist. 30.4.b.3. Clumping is permitted to create a more natural-looking landscape. 30.4.b.4. All required landscape strips shall be designed with at least 60 percent tree canopy cover with no more than 40 percent cover in grass or ground cover. 30.4.b.5. All species within required landscape strips must be ecologically compatible with the growing site. 30.4.b.6. Trees in the very narrow or narrow tree canopy size class in the tree species list shall not be used to satisfy landscape strip requirements unless City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted January 6, 2020 Page 37 adequate growing space does not exist for trees in the wide or very wide tree canopy size classes. 30.4.b.7. No permanent structures shall be permitted within landscape strips, including retaining walls, curbing, dumpsters, detention facilities, etc. 30.4.b.8. Monument signs, fences, drainage structures, or sidewalks may be permitted within landscape strips if it is determined by the city arborist that their placement is consistent with the purpose and intent of this ordinance. 30.4.b.9. Curb stops shall be used to prevent vehicle overhang into require landscape strips and parking lot landscape islands, with one curb stop per parking stall required. 30.4.b.10. Signs within required landscape strips shall be subject to the approval of the department of community development and may only be located in areas of turf or groundcover, and shall not conflict with the growing space designated for trees and shrubs. 30.4.b.11. The deposition of stormwater runoff into drainage swales through landscape strips is not permitted. Exceptions will be considered by the city arborist only if this standard will create an undue hardship to the property owner. Unless approved by the city arborist, the width of a drainage easement through a landscape strip shall not exceed the width of the strip. 30.4.b.12. When fencing is required as a condition of rezoning, the finished surface of the fence must face externally to the project. The exact location for fence placement within the landscape strip will be determined on a case by case basis by the city arborist and may be approved if the design meets the intent and purpose of the tree ordinance. 30.5. Buffers a. Buffers required pursuant to Chapter 64 – Zoning shall provide a visual and noise barrier and where sparsely vegetated or where disturbed for approved access and utility crossings, they must be replanted. b. Required buffers shall remain undisturbed and actively protected for the duration of the permitted use for the site. c. Buffers must be replanted where sparsely vegetated or where disturbed for approved access and utility crossings. d. Trees approved for planting in buffers shall be primarily slow growing evergreen trees selected from the tree species list and shall be subject to the City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted January 6, 2020 Page 38 approval of the city arborist; up to 15 percent of the trees conserved or planted in buffers may be small height class hardwood trees approved for buffers as indicated on the tree species list. e. Trees shall be a minimum of five (5) feet in height at time of planting, with branching all the way to the ground required for evergreen trees. f. The number of planting rows for trees in buffers shall be determined by the buffer width, as set forth in Table 2. Table 2. Minimum Rows for Buffers by Width Buffer Width Minimum Planting Rows Less than 20 feet 2 rows 20 feet to 30 feet 3 rows 31 feet to 50 feet 4 rows Greater than 50 feet 4 plus 1 row for each additional 15 feet g. Drainage through buffers is subject to the approval of the administrator. h. Encroachment into buffers for the construction of retaining walls, footings, or wall supports is not permitted unless otherwise specified in the conditions of rezoning. Encroachments into buffer shall require zoning modifications or variances as applicable. i. All buffers require a 10-foot improvement setback interior to the buffer. j. No grading is allowed in the improvement setback unless permission is obtained from the administrator. k. Signs are not permitted within required undisturbed buffers. 31. Topped Trees 31.1. Trees that have been topped shall not be eligible for tree canopy cover credit. 31.2. On developed commercial and non-residential properties, the credit previously given to a protected tree as shown on an approved tree canopy plan that is subsequently topped shall be revoked and replacement tree canopy shall be required in an amount equal to the tree canopy credit assigned to the topped tree. 32. Minimum Landscape and Maintenance Requirements 32.1. Prior to the issuance of a certificate of occupancy or final plat approval, minimum landscape requirements shall be met that include the following: City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted January 6, 2020 Page 39 a. All exposed ground on a lot shall be covered with either turf, herbaceous plants, shrubs or trees; b. The planting of English ivy, Chinese privet, kudzu or other invasive species as a ground cover shall be prohibited; c. The critical root zone of all individually growing trees shall be mulched; d. Tree groups not within a forested area shall be mulched as a group; e. Forested areas shall be left undisturbed with the natural leaf litter layer on the surface remaining intact; and, f. Mulching shall conform to the standards set forth in the tree conservation manual. 32.2. After the issuance of a certificate of occupancy or final plat approval, minimum landscape maintenance shall include the requirements that follow. a. Protected trees that are approved for removal shall be replaced pursuant to Section 25. b. Trees required within rural viewsheds, road frontages, landscape islands, landscape strips and buffers shall be maintained in accordance with the standards set forth in the tree conservation manual. c. Trees planted to meet tree ordinance requirements shall be passively protected at all times. 33. Landscape Performance Bond 33.1. When the planting of trees and other required landscape plants cannot be completed during the planting season, a landscape performance bond shall be issued to the city. 33.2. The amount of the bond shall be equal to 125 percent of the total cost to purchase and install the trees and landscape plants based on the average of three (3) written estimates provided by the applicant. 33.3. The planting of trees and landscape plants covered by a landscape performance bond shall be completed within 1 year of the issuance of the bond. 33.4. If tree planting is not completed within 1 year of the issuance of the bond, the city may use the bond to plant the required trees and landscape plants on the lot, or off-site in a registered tree bank. 33.5. Upon the successful planting of all required trees and landscape plants by the applicant, the landscape performance bond shall be returned. City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted January 6, 2020 Page 40 34. Certificate of Occupancy and Final Plat Approval 34.1. A certificate of occupancy or final plat approval shall only be issued if all the following conditions have been met: a. Applicant meets all tree ordinance requirements. b. Lot conforms to all aspects of the tree canopy plan. c. All trees required to be planted by the tree canopy plan, tree planting and maintenance plan, remediation plan, City of Milton zoning ordinance, variance conditions or other conditions for a development permit or plan approval, have been installed on the lot or in a tree bank. d. Required payments have been made to the tree canopy fund. e. Any civil penalties or other monetary obligations assessed for violations of the tree ordinance have been paid. f. All replacement trees and tree canopy cover required due to violations of the tree ordinance have been installed. 34.2. A temporary certificate of occupancy may be granted by the administrator before all trees have been planted if a landscape performance bond has been issued to the city. 35. Alternative Compliance 35.1. Alternative compliance for a portion of the tree canopy cover required on a lot may be approved by the administrator pursuant to the provisions of this section. 35.2. Subdivision developments as a whole are not eligible to use alternative compliance; owners of individual properties within a subdivision development may be eligible to use alternative compliance. 35.3. Alternative compliance shall be either the planting of trees off-site in a registered tree bank in an amount equal to the proposed tree canopy cover deficit or replacement deficit, or a payment made by the applicant to the City of Milton Tree Canopy Fund for the tree canopy value of the deficit. 35.4. Planting trees off-site in a tree bank for a maximum of one-half (1/2) of the tree canopy cover requirement or tree replacement requirement may be approved. 35.5. The city shall maintain a list of registered tree bank sites, which may include open space on city property or on developed, private property. City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted January 6, 2020 Page 41 35.6. Owners of developed properties with at least 8,000 square feet of open space may apply to the city to have their open space registered as a tree bank under the conditions set forth in the tree conservation manual. 35.7. The use of the tree bank shall be approved by the administrator under the following conditions: a. The maximum amount of tree canopy cover possible on the lot is conserved and/or planted, as determined by the city arborist; and, b. A registered tree bank site is available with enough space to accommodate the trees and their required growing space. 35.8. Applicants wishing to plant trees off-site shall execute a letter of agreement directly with the registered tree bank owner that must include, at a minimum: a. Applicant’s name and contact information; b. Number of trees to be planted by species and caliper; c. Planting schedule including projected beginning date of planting and projected completion date of planting; d. Name and contact information for applicant’s agent who will be responsible for the planting of trees on the tree bank site; and, e. Commitment to maintain the property in the condition in which it was found prior to the planting operation. 35.9. Trees planted in tree banks shall meet all the same requirements as for trees planted on-site. 35.10. A tree planting and maintenance plan developed and submitted by the applicant shall be required. 35.11. The applicant shall be responsible for the planting of trees off-site in a tree bank. 35.12. The registered tree bank owner shall be responsible for the required maintenance and protection of tree bank trees. 35.13. The area planted or conserved as a tree bank shall remain covered by tree canopy in perpetuity, unless otherwise modified with the approval of the city arborist. 35.14. The removal of trees within a tree bank shall require a tree removal permit. 35.15. A payment to the tree canopy fund in lieu of the conservation or planting of tree canopy cover for a maximum of one-third (1/3) of the tree canopy cover City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted January 6, 2020 Page 42 requirement or tree replacement requirement shall be approved by the administrator under the following conditions: a. The conservation or planting of the required tree canopy cover or replacement trees will eliminate the owner’s ability to utilize their lot for a specific, permitted use as described in writing by the property owner; and, b. No tree bank location is available for the planting of trees off-site. 35.16. Payments into the tree fund for tree canopy cover requirement deficit shall be calculated using the tree canopy value set forth in the city’s current fee schedule. 36. Tree Canopy Fund 36.1. There is hereby adopted a City of Milton Tree Canopy Fund to be established for the deposit of payments required by the tree ordinance or donated for other community forest management activities. 36.2. In addition to receiving payments for tree canopy cover requirement deficit, the tree canopy fund shall also receive as revenue: a. Donations for tree program activities; b. Fees for tree-related permits and plans review; and, c. Fines for violation of the tree ordinance. 36.3. Tree canopy funds may be expended for: a. The purchase, planting and maintenance of trees on city property; and, b. Community forestry management activities conducted by the city to sustain, increase and improve tree canopy cover. 37. Timber Harvesting 37.1. For lots greater than 2 acres, a timber harvesting notification shall be required and shall be submitted to the community development department before any timber harvesting may commence. 37.2. A 50-foot undisturbed buffer around the perimeter of a lot where timber harvesting will occur shall be required in all zoning districts. 37.3. The clearcutting of timber shall be allowed on AG-1 zoned land only. 37.4. Thinning shall be allowed in all zoning districts and land uses. 37.5. Except for AG-1 zoned properties, an approved tree canopy plan shall be required before timber harvesting may commence. City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted January 6, 2020 Page 43 37.6. No development permits shall be issued for a lot for a period of 5 years after the completion of timber harvesting operations unless a tree canopy plan has been submitted for the lot concurrent with the submittal of the timber harvesting notification. 37.7. When a tree canopy plan is required or voluntarily submitted for a lot on which clearcutting or thinning will occur, the following requirements shall apply: a. The tree canopy plan shall show the location of the required 50-foot undisturbed buffer, any state water buffers, areas to be clearcut, areas to be thinned, and all specimen and heritage trees; b. The lot must meet the tree canopy cover requirements for the zoning district for the entire lot upon completion of timber harvesting; and, c. The conservation of specimen trees and heritage trees shall be required, and all specimen and heritage trees conserved shall be actively protected during timber harvesting operations in accordance with the standards set forth in the tree conservation manual. 37.8. Stump removal or grading shall be prohibited as part of normal timber harvesting operations that are not related to development. 37.9. Clearcutting, thinning or land disturbance shall not be allowed within state water or wetland buffers. 37.10. Compliance with the soil erosion and sedimentation control ordinance is required. 37.11. All timber harvesting operations shall comply with the most current Georgia’s Best Management Practices for Forestry available from the local office of the Georgia Forestry Commission. MILTON, k ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: December 30, 2019 FROM: Steven Krokoff, City g Mana erCo AGENDA ITEM: Consideration of an Ordinance to Amend Article II of Chapter 36, Door to Door Salesmen, of the Code of the City of Milton, Georgia MEETING DATE: Monday, January 6, 2020 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (,VA PPROVED (J NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: (J,,YES () NO CITY ATTORNEY REVIEW REQUIRED: (.yPES () NO APPROVAL BY CITY ATTORNEY. ( APPROVED PLACED ON AGENDA FOR: at I6G/1-cob () NOT APPROVED 2006 Heritage Walk Milton, GA P: 678.242.25001 F: 678.242.2499 info@cityofmiltonga.us I www.cityofmiltonga.us 0000 Page 1 of 7 STATE OF GEORGIA ORDINANCE NO. _____ COUNTY OF FULTON AN ORDINACE TO AMEND ARTICLE II OF CHAPTER 36, DOOR TO DOOR SALESMAEN, 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 _____ day of _________________, 20___, the public’s health, safety, and welfare demanding it. Approved: Joe Lockwood, Mayor Attest: Sudie Gordon, City Clerk Page 2 of 7 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. Page 3 of 7 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, andcity 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, investigation 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; Page 4 of 7 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 have a complete and exhaustive search made relative to any criminal or arrest record of the applicant based upon information provided by the applicant and/or the applicant’s government-issued identification. The presence of an arrest record shall be used for investigative purposes only and shall give rise to no presumption or inference of guilt.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, andwriting 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. (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: Formatted: Font: (Default) Times New Roman, 12 pt Page 5 of 7 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. The applicant Who has been convicted of a violation of any of the provisions of this article; or 7) The applicant Whose has previously had a permit issued hereunder has previously been revoked as herein provided. 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. Page 6 of 7 (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. (e) Solicitation outside prescribed times. It shall be unlawful to engage in soliciting between the hours of 30 minutes after sunset and 9:00 a.m. on any day. (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 Page 7 of 7 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. 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. TO: FROM: MILTON* ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM City Council DATE: December 30, 2019 Steven Krokoff, City Manager C!) AGENDA ITEM: Consideration of a Resolution Approving or Reappointing Members to the City of Milton Board of Zoning Appeals by Appointing a Board Member for District 1 /Post 2, District 2/ Post 2 and District 3/Post 2 MEETING DATE: Monday, January 6, 2020 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (APPROVED (J NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: () YES (�A0 CITY ATTORNEY REVIEW REQUIRED: () YES (J. -NO APPROVAL BY CITY ATTORNEY: () APPROVED (J NOT APPROVED PLACED ON AGENDA FOR: 0&11690 2006 Heritage Walk Milton, GA P: 678.242.25001 F: 678.242.2499 info@cityofmiltonga.us I www.cityofmiltongo.us 0000 STATE OF GEORGIA COUNTY OF FULTON RESOLUTION NO. A RESOLUTION APPOINTING OR REAPPOINTING MEMBERS TO THE CITY OF MILTON BOARD OF ZONING APPEALS BY APPOINTING A BOARD MEMBER FOR DISTRICT 1/POST 2, DISTRICT 2/POST 2 AND DISTRICT 3/ POST 2 BE IT RESOLVED by the City Council of the City of Milton, GA while in regular session on January 6, 2020 at 6:00 p.m. as follows: SECTION 1. That ____________________ (District 1/Post 2) is hereby appointed commencing January 6, 2020 and ending on December 31, 2023; SECTION 2. That ____________________ (District 2/Post 2) is hereby appointed commencing January 6, 2020 and ending on December 31, 2023; SECTION 3. That ____________________ (District 3/Post 2) is hereby appointed commencing January 6, 2020 and ending on December 31, 2023; SECTION 4. That this Resolution shall become effective upon its adoption. RESOLVED this 6th day of January 2020. Approved: ____________________________ Joe Lockwood, Mayor Attest: _____________________________ Sudie AM Gordon, City Clerk TO: FROM: MILTON'lt ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM City Council DATE: December 30, 2019 Steven Krokoff, City Manager 42) AGENDA ITEM: Consideration of a Resolution Approving or Reappointing Members to the City of Milton Design Review Board by Appointing a Board Member for District 1 /Post 2, District 2/ Post 2 and District 3/Post 2 MEETING DATE: Monday, January 6, 2020 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (.JIAPPROVED (J NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: () YES (.eNO CITY ATTORNEY REVIEW REQUIRED: () YES (JAO APPROVAL BY CITY ATTORNEY: () APPROVED (J NOT APPROVED PLACED ON AGENDA FOR: of (o(-IZAD 2006 Heritage Walk Milton, GA P: 678.242.25001 F: 678.242.2499 info@cityofmiltonga.us I www.cityofmiltonga.us 0000 STATE OF GEORGIA COUNTY OF FULTON RESOLUTION NO. A RESOLUTION APPOINTING OR REAPPOINTING MEMBERS TO THE CITY OF MILTON DESIGN REVIEW BOARD BY APPOINTING A BOARD MEMBER FOR DISTRICT 1/POST 2, DISTRICT 2/POST 2 AND DISTRICT 3/ POST 2 BE IT RESOLVED by the City Council of the City of Milton, GA while in regular session on January 6, 2020 at 6:00 p.m. as follows: SECTION 1. That ____________________ (District 1/Post 2) is hereby appointed commencing January 6, 2020 and ending on December 31, 2023; SECTION 2. That ____________________ (District 2/Post 2) is hereby appointed commencing January 6, 2020 and ending on December 31, 2023; SECTION 3. That ____________________ (District 3/Post 2) is hereby appointed commencing January 6, 2020 and ending on December 31, 2023; SECTION 4. That this Resolution shall become effective upon its adoption. RESOLVED this 6th day of January 2020. Approved: ____________________________ Joe Lockwood, Mayor Attest: _____________________________ Sudie AM Gordon, City Clerk TO: FROM: MILTON111K ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM City Council DATE: December 30, 2019 Steven Krokoff, City Manager 0: AGENDA ITEM: Consideration of a Resolution Approving or Reappointing Members to the City of Milton Equestrian Committee by Appointing a Board Member for District 1 /Post 2, District 2/ Post 2 and District 3/Post 2 MEETING DATE: Monday, January 6, 2020 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (41APPROVED (J NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: () YES (, Ao CITY ATTORNEY REVIEW REQUIRED: () YES (40 APPROVAL BY CITY ATTORNEY: () APPROVED () NOT APPROVED PLACED ON AGENDA FOR: vilo6/W.o 2006 Heritage Walk Milton, GA P: 678.242.25001 F: 678.242.2499 info@cityofmiltonga.us I www.cityofmiltonga.us 0000 STATE OF GEORGIA COUNTY OF FULTON RESOLUTION NO. A RESOLUTION APPOINTING OR REAPPOINTING MEMBERS TO THE CITY OF MILTON EQUESTRIAN COMMITTEE BY APPOINTING A BOARD MEMBER FOR DISTRICT 1/POST 2, DISTRICT 2/POST 2 AND DISTRICT 3/ POST 2 BE IT RESOLVED by the City Council of the City of Milton, GA while in regular session on January 6, 2020 at 6:00 p.m. as follows: SECTION 1. That ____________________ (District 1/Post 2) is hereby appointed commencing January 6, 2020 and ending on December 31, 2023; SECTION 2. That ____________________ (District 2/Post 2) is hereby appointed commencing January 6, 2020 and ending on December 31, 2023; SECTION 3. That ____________________ (District 3/Post 2) is hereby appointed commencing January 6, 2020 and ending on December 31, 2023; SECTION 4. That this Resolution shall become effective upon its adoption. RESOLVED this 6th day of January 2020. Approved: ____________________________ Joe Lockwood, Mayor Attest: _____________________________ Sudie AM Gordon, City Clerk TO: FROM: MILTON ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM City Council DATE: December 30, 2019 Steven Krokoff, City Manager 40' AGENDA ITEM: Consideration of a Resolution Approving or Reappointing Members to the City of Milton Parks and Recreation Advisory Board by Appointing a Board Member for District 1 /Post 2, District 2/Post 2 and District 3/Post 2 MEETING DATE: Monday, January 6, 2020 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (114PPROVED (J NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: () YES wlJ o CITY ATTORNEY REVIEW REQUIRED: () YES (.KN 0 APPROVAL BY CITY ATTORNEY: () APPROVED (J NOT APPROVED PLACED ON AGENDA FOR: 011a411'V ° 2006 Heritage Walk Milton, GA P: 678.242.25001 F: 678.242.2499 info@cityofmiltonga.us I www.cityofmiltongo.us STATE OF GEORGIA COUNTY OF FULTON RESOLUTION NO. A RESOLUTION APPOINTING OR REAPPOINTING MEMBERS TO THE CITY OF MILTON PARKS AND RECREATION ADVISORY BOARD BY APPOINTING A BOARD MEMBER FOR DISTRICT 1/POST 2, DISTRICT 2/POST 2 AND DISTRICT 3/ POST 2 BE IT RESOLVED by the City Council of the City of Milton, GA while in regular session on January 6, 2020 at 6:00 p.m. as follows: SECTION 1. That ____________________ (District 1/Post 2) is hereby appointed commencing January 6, 2020 and ending on December 31, 2023; SECTION 2. That ____________________ (District 2/Post 2) is hereby appointed commencing January 6, 2020 and ending on December 31, 2023; SECTION 3. That ____________________ (District 3/Post 2) is hereby appointed commencing January 6, 2020 and ending on December 31, 2023; SECTION 4. That this Resolution shall become effective upon its adoption. RESOLVED this 6th day of January 2020. Approved: ____________________________ Joe Lockwood, Mayor Attest: _____________________________ Sudie AM Gordon, City Clerk TO: FROM: MILTON't ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM City Counci DATE: Steven Krokoff, City Manager December 30, 2019 AGENDA ITEM: Consideration of a Resolution Approving or Reappointing Members to the City of Milton Planning Commission by Appointing a Board Member for District 1 /Post 2, District 2/ Post 2 and District 3/Post 2 MEETING DATE: Monday, January 6, 2020 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (XPPROVED () NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: () YES (kNO CITY ATTORNEY REVIEW REQUIRED: () YES ('kNO APPROVAL BY CITY ATTORNEY: () APPROVED (J NOT APPROVED PLACED ON AGENDA FOR: C'1/04/346 2006 Heritage Walk Milton, GA P: 678.242.25001 F: 678.242.2499 info@cityofmiltonga.us I www.cityofmiltonga.us 0000 STATE OF GEORGIA COUNTY OF FULTON RESOLUTION NO. A RESOLUTION APPOINTING OR REAPPOINTING MEMBERS TO THE CITY OF MILTON PLANNING COMMISSION BY APPOINTING A BOARD MEMBER FOR DISTRICT 1/POST 2, DISTRICT 2/POST 2 AND DISTRICT 3/ POST 2 BE IT RESOLVED by the City Council of the City of Milton, GA while in regular session on January 6, 2020 at 6:00 p.m. as follows: SECTION 1. That ____________________ (District 1/Post 2) is hereby appointed commencing January 6, 2020 and ending on December 31, 2023; SECTION 2. That ____________________ (District 2/Post 2) is hereby appointed commencing January 6, 2020 and ending on December 31, 2023; SECTION 3. That ____________________ (District 3/Post 2) is hereby appointed commencing January 6, 2020 and ending on December 31, 2023; SECTION 4. That this Resolution shall become effective upon its adoption. RESOLVED this 6th day of January 2020. Approved: ____________________________ Joe Lockwood, Mayor Attest: _____________________________ Sudie AM Gordon, City Clerk