HomeMy WebLinkAboutAgenda Packet - CC - 10/19/20202006 HERITAGE WALK, MILTON, GA 30004 ǀ 678.242.2500 ǀ WWW.CITYOFMILTONGA.US
Persons needing special accommodations in order to participate in any City meeting should call
678.242.2500.
Joe Lockwood, Mayor
CITY COUNCIL
Peyton Jamison
Paul Moore
Laura Bentley
Carol Cookerly
Joe Longoria
Rick Mohrig
CITY COUNCIL CHAMBERS
City Hall
Monday, October 19, 2020 Regular Council Meeting Agenda 6:00 PM
INVOCATION – Rich Austin
1) CALL TO ORDER
2) ROLL CALL
3) PLEDGE OF ALLEGIANCE (Led by Mayor Joe Lockwood)
4) APPROVAL OF MEETING AGENDA (Add or remove items from the agenda)
(Agenda Item No. 20-287)
5) PUBLIC COMMENT (General)
6) CONSENT AGENDA
MILTON CITY COUNCIL REGULAR COUNCIL MEETING OCTOBER 19, 2020
Page 2 of 4
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678.242.2500.
1. Approval of the September 9, 2020 Regular City Council Meeting
Minutes.
(Agenda Item No. 20-288)
(Sudie Gordon, City Clerk)
2. Approval of a Task Order between the City of Milton and BM&K, P.C. to
Provide Construction Inspection for the Hopewell Road at Thompson Road
and Hopewell Road at Hamby Road Intersection Projects.
(Agenda Item No. 20-289)
(Robert Drewry, Public Works Director)
3. Approval of a Task Order between the City of Milton and BM&K, P.C. to
Provide Pre-Construction and Pre-Acquisition Services for Morris Road
Widening and Big Creek Greenway Trail Connection Projects.
(Agenda Item No. 20-290)
(Robert Drewry, Public Works Director)
4. Approval of a Task Order between the City of Milton and BM&K, P.C.
to Provide Construction Inspection for the Saddlesprings Drive Culvert
Repair Project.
(Agenda Item No. 20-291)
(Robert Drewry, Public Works Director)
5. Approval of Consent to Assumption Agreement between the City of
Milton and Granicus, LLC for the Renewal of the Subscription Agreement.
(Agenda Item No. 20-292)
(Greg Botelho, Communications Director)
6. Approval of Construction Services Agreement between the City of
Milton and Prime Contractors, Inc. for Interior Remodeling of Fire Station
43’s Training Room and Support Services Offices.
(Agenda Item No. 20-293)
(Robert Edgar, Fire Chief)
7. Approval of a Change Order #2 to Agreement between the City of Milton
and AppZoro Technologies, Inc. to Finish the Ongoing Design and
Development of the Smart Phone Application for the City’s Smart
Communities Grant Project - Walking School Bus.
(Agenda Item No. 20-294)
(Robert Buscemi, City Architect)
MILTON CITY COUNCIL REGULAR COUNCIL MEETING OCTOBER 19, 2020
Page 3 of 4
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678.242.2500.
8. Approval to Amend the Agreement between the City of Milton and Voya
Retirement Insurance and Annuity Company to Allow a Single General-
Purpose Loan from the Employee’s 401 (a) Account.
(Agenda Item No. 20-295)
(Sam Trager, Human Resources Director)
9. Approval of Subdivision Plats and Revisions.
Name of Development /
Location Action Comments /
# lots
Total
Acres Density
1. Caleb Negron Property
2095 & 2098 Birmingham
Road
LL 406 Dist. 2 Sect. 2
Minor
Plat
Combining two
parcels into one
single-family
residential lot
8.81
acres
0.113 lot /
acre
(Agenda Item No. 20-296)
(Tracie Wildes, Land Development Manager)
7) REPORTS AND PRESENTATIONS
1. Presentation of Police Fleet Management Program.
(Rich Austin, Police Chief)
2. Discussion of Text Amendments Relating to a Proposed New Use Permit for
Farm Winery Consumption on Premises of Beer and/or Liquor.
(Robert Buscemi, City Architect)
8) FIRST PRESENTATION
1. Consideration of an Ordinance to Amend Appendix A, Parks and
Recreation Fees and Other Charges, Chapter 34, Section 24 of the Milton
City Code to Allow for Collection of Fees to Rent the Birmingham United
Methodist Church Baseball/Softball Field.
(Agenda Item No. 20-297)
(Tom McKlveen, Interim Manager of Parks and Recreation)
9) PUBLIC HEARING (None)
10) ZONING AGENDA (None)
MILTON CITY COUNCIL REGULAR COUNCIL MEETING OCTOBER 19, 2020
Page 4 of 4
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678.242.2500.
11) UNFINISHED BUSINESS (None)
12) NEW BUSINESS
1. Consideration of Subdivision Plats and Revisions.
Name of Development /
Location Action Comments / # lots Total
Acres Density
2. Lakeside at Crabapple
980 Mayfield Road
LL1099 & 1134
Final
Plat
28 Single-Family Lots
41 Townhomes
Total – 69 Units
13.760
acres
4.41 lots /
acre
(Agenda Item No. 20-298)
(Tracie Wildes, Land Development Manager)
13) MAYOR AND COUNCIL REPORTS
STAFF REPORTS
Department Updates
1. Finance
14) EXECUTIVE SESSION (Land Acquisition, Potential Litigation, & Personnel)
15) ADJOURNMENT
(Agenda Item No. 20-299)
CITY COUNCIL AGENDA ITEM
TO: City Council DATE: October 13, 2020
FROM: Steven Krokoff, City Manager
AGENDA ITEM: Approval of a Task Order between the City of Milton and
BM&K, P.C. to Provide Construction Inspection for the
Hopewell Road at Thompson Road and Hopewell Road at
Hamby Road Intersection Projects
MEETING DATE: Monday, October 19, 2020 City Council Meeting
BACKGROUND INFORMATION: (Attach additional pages if necessary)
See attached memorandum
APPROVAL BY CITY MANAGER: ___ APPROVED ___ NOT APPROVED
CITY ATTORNEY APPROVAL REQUIRED: ___ YES ___ NO
CITY ATTORNEY REVIEW REQUIRED: ___ YES ___ NO
APPROVAL BY CITY ATTORNEY ___ APPROVED ___ NOT APPROVED
PLACED ON AGENDA FOR: __________
X
X
X
October 19, 2020
X
To: Honorable Mayor and City Council Members
From: Robert W. Drewry, Public Works Director
Date: Submitted on October 5, 2020 for the October 19, 2020 Regular City
Council Meeting
Agenda Item: Approval of a Task Order between the City of Milton and BM&K,
P.C. to Provide Construction Inspection for the Hopewell Road at
Thompson Road and Hopewell Road at Hamby Road Intersection
Projects
_____________________________________________________________________________________
Project Description: The City of Milton issued an RFP for City Program Management
Services including inspection services for construction projects. This task order is for
construction inspection services on the Hopewell Road at Thompson Road and
Hopewell Road at Hamby Road intersection projects. The services to be provided under
this task order shall ensure control of work on the project and shall provide for
continuous project inspection, oversight, and administration of the construction.
Procurement Summary:
Purchasing method used: Task Order Related to Original RFP
Account Number: 335-4101-541400006 ($75,000)
335-4101-541400008 ($75,000)
Requisition Total: $150,000
Vendor DBA: BM&K, PC
Financial Review: Bernadette Harvill, October 9, 2020
Legal Review: Sam VanVolkenburgh, Jarrard & Davis, October 8, 2020
Attachment(s): Task Order
MILT( -)N -,*k
ESTABLISHED 2005
TASK ORDER TO PROVIDE CONSTRUCTION INSPECTION SERVICES FOR THE
HOPEWELL ROAD AT THOMPSON ROAD AND HOPEWELL ROAD AT HAMBY ROAD
INTERSECTION IMPROVEMENT PROJECTS
THIS TASK ORDER between the parties is entered into pursuant to the above -referenced
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 construction inspection services for the Hopewell Road at Thompson Road and
Hopewell Road at Hamby Road intersection improvement projects. The services to be provided under
this task order shall ensure control of work on the project according to GDOT Section 105 and shall
provide for continuous project inspection, oversight, and administration of the construction. Included
are performing materials testing and certifying that all material suppliers and materials conform to the
requirements of the contract, plans, and specifications; support in review of invoices, contractor
progress reports, billing documents, and any other backup information on a monthly basis; maintaining
accurate and thorough project records; and keeping a daily project diary for the project.
Timing:
This task order will be completed when the construction projects are fully complete, which is estimated
to be in 15 months, unless sooner terminated in writing (for any reason) by the City.
Compensation:
This task order shall not exceed $150,000 based upon the rates that are part of the Agreement.
Attachments:
The following documents are incorporated by reference and compliance with these documents are a
material term of this Task Order: GDOT Specification Section 105 - Control of Work and Hopewell
Road at Thompson Road and Hopewell Road at Hamby Road Intersection Improvement Plans
prepared by Barge Design Solutions dated July 13, 2020.
Approved by City Council City Attorney Approval as to Form
Mayor
Date
2006 Heritage Walk Milton, GA 30004 P:6/8.242.25001F.678.242.2499 info@cityofmiltongo.uslwww.cityofmiltonga.us
0000
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2006 Heritage Walls Milton, GA 30004 P: 678.242,25001 F: 678.242.2499 info@cityofmiltongo.uslwww.cilyofmillongo.us
0000
CITY COUNCIL AGENDA ITEM
TO: City Council DATE: October 12, 2020
FROM: Steven Krokoff, City Manager
AGENDA ITEM: Approval of a Task Order between the City of Milton and
BM&K, P.C. to Provide Pre-Construction and Pre-Acquisition
Services for Morris Road Widening and Big Creek Greenway
Trail Connection Projects
MEETING DATE: Monday, October 19, 2020 City Council Meeting
BACKGROUND INFORMATION: (Attach additional pages if necessary)
See attached memorandum
APPROVAL BY CITY MANAGER: ___ APPROVED ___ NOT APPROVED
CITY ATTORNEY APPROVAL REQUIRED: ___ YES ___ NO
CITY ATTORNEY REVIEW REQUIRED: ___ YES ___ NO
APPROVAL BY CITY ATTORNEY ___ APPROVED ___ NOT APPROVED
PLACED ON AGENDA FOR: __________
X
October 19, 2020
X
X
X
To: Honorable Mayor and City Council Members
From: Robert W. Drewry, Public Works Director
Date: Submitted on October 5, 2020 for the October 19, 2020 Regular City
Council Meeting
Agenda Item: Approval of a Task Order between the City of Milton and BM&K,
P.C. to Provide Pre-Construction and Pre-Acquisition Services for
Morris Road Widening and Big Creek Greenway Trail Connection
Projects
_____________________________________________________________________________________
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 pre-acquisition services
for Morris Road widening and Big Creek Greenway trail connection projects. The
services to be provided under this task order are for plan review, constructability review,
and attend meetings as requested by City. The right of way pre-acquisition services
includes coordination and valuation.
Procurement Summary:
Purchasing method used: Task Order Related to Original RFP
Account Number: 335-4101-541400010 ($40,000)
340-4101-541401804 ($20,000)
Requisition Total: $60,000
Vendor DBA: BM&K, PC
Financial Review: Bernadette Harvill, October 9, 2020
Legal Review: Sam VanVolkenburgh, Jarrard & Davis, October 8, 2020
Attachment(s): Task Order
MILTON *SHID 2006
TASK ORDER TO PROVIDE PRE -CONSTRUCTION AND RIGHT OF WAY PRE-
ACQUISITION SERVICES FOR MORRIS ROAD WIDENING AND BIG CREEK
GREENWAY TRAIL CONNECTION PROJECTS
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 pre-acquisition services for the Morris
Road widening and the Big Creek Greenway trail connection projects. The pre -construction
services to be provided under this task order are for plan review, constructability review, and
attend meetings as requested by City. Right of way pre-acquisition includes coordination and
valuation. Right of way coordination may include but not be limited to review of plans,
coordinate plan revisions, review titles, prepare property management forms, prepare status
reports, meet with appraisers to ride project, assign appraisals and monitor appraisals. Valuation
may include preparation of a detailed cost estimate with GDOT approval as needed, project
inspection checklist with recommendations on level of appraisal and special reports needed for
each parcel, and then preparation of the self-contained appraisals at levels to be determined by
the city and additional special reports to determine values.
Timing:
This task order will be completed within 18 months of notice to proceed by the City.
Compensation:
This task order shall not exceed $60,000.00 based upon the rates that are part of the Agreement.
Attachments:
Exhibit "A" Concepts
Approved by City Council
Mayor
Approved as to form:
City Attorney
Date
See following page for additional signatures
2006 Heritage Walk Milton, GA 30004 P: 678.242.2500 I F: 678.242.2499 info@cityofmiltongo.uslwww.cityofmiltonga.us
0000
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2006 Heritage Walk Milton, GA 30004 P: 678.2422500 I F: 678.242.2499 info@cityofmiltonga.uslwww,cityofmiltongo.us
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CITY COUNCIL AGENDA ITEM
TO: City Council DATE: October 13, 2020
FROM: Steven Krokoff, City Manager
AGENDA ITEM: Approval of a Task Order between the City of Milton and
BM&K, P.C. to Provide Construction Inspection for the
Saddlesprings Drive Culvert Repair Project
MEETING DATE: Monday, October 19, 2020 City Council Meeting
BACKGROUND INFORMATION: (Attach additional pages if necessary)
See attached memorandum
APPROVAL BY CITY MANAGER: ___ APPROVED ___ NOT APPROVED
CITY ATTORNEY APPROVAL REQUIRED: ___ YES ___ NO
CITY ATTORNEY REVIEW REQUIRED: ___ YES ___ NO
APPROVAL BY CITY ATTORNEY ___ APPROVED ___ NOT APPROVED
PLACED ON AGENDA FOR: __________
X
X
X
October 19, 2020
X
To: Honorable Mayor and City Council Members
From: Robert W. Drewry, Public Works Director
Date: Submitted on October 5, 2020 for the October 19, 2020 Regular City
Council Meeting
Agenda Item: Approval of a Task Order between the City of Milton and BM&K,
P.C. to Provide Construction Inspection for the Saddlesprings Drive
Culvert Repair Project
_____________________________________________________________________________________
Project Description: The City of Milton issued an RFP for City Program Management
Services including inspection services for construction projects. This task order is for
inspection services on the Saddlesprings Drive culvert repair project. The services to be
provided under this task order shall ensure control of work on the project and shall
provide for continuous project inspection, oversight, and administration of the
construction.
Procurement Summary:
Purchasing method used: Task Order Related to Original RFP
Account Number: 300-4101-541401200
Requisition Total: $50,000
Vendor DBA: BM&K, PC
Financial Review: Bernadette Harvill, October 9, 2020
Legal Review: Sam VanVolkenburgh, Jarrard & Davis, October 8, 2020
Attachment(s): Task Order
.MI LTON'r
ESTABLISHED 2006
TASK ORDER TO PROVIDE CONSTRUCTION INSPECTION SERVICES FOR THE
SADDLESPRINGS DRIVE CULVERT REPAIR PROJECT
THIS TASK ORDER between the parties is entered into pursuant to the above -referenced
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 construction inspection services for the Saddlesprings Drive culvert repair
project. The services to be provided under this task order shall ensure control of work on the project
according to GDOT Section 105 and shall provide for continuous project inspection, oversight, and
administration of the construction. Included are performing materials testing and certifying that all
material suppliers and materials conform to the requirements of the contract, plans, and specifications;
support in review of invoices, contractor progress reports, billing documents, and any other backup
information on a monthly basis; maintaining accurate and thorough project records; and keeping a
daily project diary for the project.
Timing:
This task order will be completed when the construction projects are fully complete, which is estimated
to be in 5 months, unless sooner terminated in writing (for any reason) by the City.
Compensation:
This task order shall not exceed $50,000 based upon the rates that are part of the Agreement.
Attachments:
The following documents are incorporated by reference and compliance with these documents are a
material term of this Task Order: GDOT Specification Section 105 - Control of Work and Saddlesprings
Drive Culvert Repair Plans prepared by BM&K dated August 21, 2020.
Approved by City Council Approved as to form:
Mayor
Date
City Attorney
2006 Heritage Walk Milton, GA 30004 P: 678.242.2500 I F: 678.242.2499 info@cityofmiltonga.uslwww.cityofmiltonga.us
0000
MILTONV.
E5i'AILMUD M6
CITY OF MILTON:
By:
Title:
Name:
Date:
2006 Heritage Walk Milton, GA 30004 P: 578.242.2500 I F: 678.2422499 info@ciiyofmiltonga.uslwww,cifyofmiltongo.us
0000
CITY COUNCIL AGENDA ITEM
TO: City Council DATE: October 13, 2020
FROM: Steven Krokoff, City Manager
AGENDA ITEM: Approval of Consent to Assumption Agreement for the
Contract for the City of Milton’s Website Changing the
Provider to Granicus, LLC (From Vision Technology Solutions,
LLC)
MEETING DATE: Monday, October 19, 2020 City Council Meeting
BACKGROUND INFORMATION: (Attach additional pages if necessary)
See attached memorandum
APPROVAL BY CITY MANAGER: ___ APPROVED ___ NOT APPROVED
CITY ATTORNEY APPROVAL REQUIRED: ___ YES ___ NO
CITY ATTORNEY REVIEW REQUIRED: ___ YES ___ NO
APPROVAL BY CITY ATTORNEY ___ APPROVED ___ NOT APPROVED
PLACED ON AGENDA FOR: __________
X
October 19, 2020
X
X
X
To: Honorable Mayor and City Council Members
From: Greg Botelho, Communications Director
Date: Submitted on October 13, 2020, for the October 19, 2020 Regular
Council Meeting
Agenda Item: Approval of Consent to Assumption Agreement for the Contract for
the City of Milton’s Website Changing the Provider to Granicus, LLC
(From Vision Technology Solutions, LLC)
_____________________________________________________________________________________
Project Description:
In September 2018, the City entered into a five-year contract with Vision Technology
Solutions, LLC (dba Vision) to create and maintain a new City website. Since then,
Granicus, LLC has completed its acquisition of Vision Technology Solutions. Approval of
this item would affirm the City’s “Consent to Assumption Agreement” related to the
change in the name of the company handling the City’s website. In other words, it
would specify that the City’s contract agreement will henceforth be with Granicus,
rather than Vision. The contract agreement’s terms, including pricing, do not change.
Procurement Summary: The City agreed to a contract with Vision Technology Services
in 2018. This included a one-time cost of $31,530 for the “website development
package” and an additional $3,000 for graphic design services. Beyond that, the
contract called for $10,000 for website maintenance for 2019 to 2020; $10 ,500 for the
subsequent year’s maintenance; $11,025 for the year after that; and $11,576 for the
final year (from 2022 to 2023) of the agreement. Those terms remain the same, even
with this change order.
Financial Review: Bernadette Harvill, October 12, 2020
Legal Review: Sam VanVolkenburgh, Jarrard & Davis, October 6, 2020
Concurrent Review: Steven Krokoff, City Manager
Attachment: Consent to Assumption Agreement
Consent to Assumption Agreement
This Assumption of the Vision Technology Solutions LLC (hereinafter referred to as "Vision") Service Agreement (this
"Assumption") is effective on the date this document is signed and entered into by and between Granicus, LLC, a
Minnesota Limited Liability Company d/b/a Granicus (hereinafter referred to as "Granicus"), and Milton, GA (hereinafter
referred to as "Client"), with reference to the following:
WHEREAS, the Client and Vision entered into an Agreement effective 9/24/2018 (the "Agreement"); and
WHEREAS, on 2/9/2018, Vision was acquired and Granicus desires to accept and assume all of Vision's rights, duties,
benefits, and obligations under the Agreement; and
WHEREAS, the Client desires to consent to such assumption;
NOW, THEREFORE, in consideration of the premises, the parties intend that the Agreement be amended as follows:
1. Granicus accepts and assumes all rights, duties, benefits, and obligations of the Agreement, including all existing
and future obligations to perform under the Agreement.
2. All references to Vision, under the Agreement, shall hereinafter be referred to as Granicus.
3. The Client hereby consents to the foregoing assumption.
4. Except as amended by this Assumption, all other terms and conditions of the Agreement shall remain in full
force and effect.
5. In the event of any inconsistency between the provisions of this Assumption and the documents comprising the
Agreement, the provisions of this Assumption shall prevail.
IN WITNESS WHEREOF, the parties have caused this Assumption to be executed by their duly authorized
representatives.
Agreement and Acceptance
By signing this document, the undersigned certifies they have authority to enter the agreement. The undersigned also
understands the services and terms.
Milton, GA Granicus
Signature:Signature:
Name:Name:
Title:Title:
Date:Date:
Approved as to form: ____________________________
City Attorney
CITY COUNCIL AGENDA ITEM
TO: City Council DATE: October 14, 2020
FROM: Steven Krokoff, City Manager
AGENDA ITEM: Approval of a Construction Services Agreement between the
City of Milton and Prime Contractors, Inc. for Interior Remolding
of Fire Station 43’s Training Room and Support Services Offices
MEETING DATE: Monday, October 19, 2020 City Council Meeting
BACKGROUND INFORMATION: (Attach additional pages if necessary)
See attached memorandum
APPROVAL BY CITY MANAGER: ___ APPROVED ___ NOT APPROVED
CITY ATTORNEY APPROVAL REQUIRED: ___ YES ___ NO
CITY ATTORNEY REVIEW REQUIRED: ___ YES ___ NO
APPROVAL BY CITY ATTORNEY ___ APPROVED ___ NOT APPROVED
PLACED ON AGENDA FOR: __________
X
X
X
X
October 19, 2020
To: Honorable Mayor and City Council Members
From: Robert Edgar, Fire Chief
Date: Submitted on October 8, 2020 for the October 19, 2020 Regular City
Council Meeting
Agenda Item: Approval of a Construction Services Agreement between the City
of Milton and Prime Contractors, Inc. for Interior Remolding of Fire
Station 43’s Training Room and Support Services Offices
_____________________________________________________________________________________
Project Description:
The opening of the new Fire Administrative offices at Fire Station 44 allows for the
expansion of the fire training room to accommodate larger class sizes and greater
storage capacity for fire department equipment and supplies. The interior remodeling of
Fire Station 43 includes electric demolition, demolition to walls, doors, flooring, and install
new flooring, and install and paint new drywall and doors.
Procurement Summary:
Purchasing method used: State Contract
Account Number: 100-3510-522220000
Requisition Total: $ 12,993.31
Vendor DBA: Prime Contractors Inc.
Other quotes or bids submitted (vendor/$): N/A
Financial Review: Bernadette Harvill, October 9, 2020
Legal Review: Sam VanVolkenburgh, October 8, 2020
Attachment(s): Construction Services Agreement
ESTABLISHED 2006
CONSTRUCTION SERVICES AGREEMENT
Interior Remodeling — Milton Fire Station 43
This Construction Services Agreement (the "Agreement") is made and entered into this
day of , 20_ (the "Effective Date"), by and between the CITY
OF MILTON, GEORGIA, a municipal corporation of the State of Georgia, acting by and through
its governing authority, the Mayor and Milton City Council (hereinafter referred to as the "City"),
and Prime Contractors, Inc., a Georgia corporation with its principal place of business located at
3406 Florence Circle, Powder Springs, Georgia 30127 (hereinafter referred to as the "Contractor"),
collectively referred to herein as the "Parties".
WITNESSETH:
WHEREAS, the City desires to retain a contractor to perform services for the construction
of a Project, as defined below; and
WHEREAS, Section 2-626(b)(9) of the City of Milton Purchasing Policy allows
procurement using contract terms negotiated by or through the State of Georgia Department of
Administrative Services when such terms are deemed advantageous by the City; and
WHEREAS, the State Purchasing Division of the Department of Administrative Services
has created a strategic partnership with Sourcewell previously known as the National Joint Powers
Alliance, has established a Statewide Contract for Indefinite Quantity Construction (EZIQC)
Services, and has made this Statewide Contract available to Georgia local governments; and
WHEREAS, the City and Contractor have jointly participated in the EZIQC process of
creating a Work Order containing price terms and a scope of work acceptable to the City, subject
to the terms set forth below; and
WHEREAS, the ezIQC process offers indefinite quantity construction services under a
statewide contract 99999 -SPD -S20200901-00015; and
WHEREAS, the City finds that specialized knowledge, skills, and training are necessary
to perform the Work (defined below) contemplated under this Agreement; and
WHEREAS, the Contractor has represented that it is qualified by training and experience
to perform the Work; and
WHEREAS, Contractor desires to perform the Work as set forth in this Agreement under
Construction Services Agreement I Version 1.0
the terms and conditions provided in this Agreement; and
WHEREAS, the public interest will be served by this Agreement; and
WHEREAS, Contractor has familiarized itself with the nature and extent of the Contract
Documents, the Project, and the Work, and with all local conditions and federal, state and local
laws, ordinances, rules and regulations that may in any manner affect cost, progress or performance
of Work, and Contractor is aware that it must be licensed to do business in the State of Georgia.
NOW THEREFORE, for and in consideration of the mutual promises, the public
purposes, and the acknowledgements and agreements contained herein and other good and
adequate consideration, the sufficiency of which is hereby acknowledged, the Parties hereto do
mutually agree as follows:
Section 1. Contract Documents
This Agreement along with the following documents, attached hereto (except as expressly
noted otherwise below) and incorporated herein by reference, constitute the "Contract
Documents":
A. "Exhibit A" — Reserved;
B. Bid Documents from Contractor, dated June 2, 2020, attached hereto as "Exhibit
B99
.
C. Scope of Work, attached hereto as "Exhibit C";
D. "Exhibit D" — Reserved;
E. "Exhibit E" — Reserved;
F. Final Affidavit, attached hereto as "Exhibit F";
G. Alien Employment affidavits attached hereto as "Exhibits G.1 and G.211;
H. "Exhibit H" — Reserved;
I. Additional Payment/Retainage Requirements, attached hereto as "Exhibit I";
J. City of Milton Code of Ethics (codified in the official Code of the City of Milton);
K. The following, which may be delivered or issued after the Effective Date of the
Agreement and are not attached hereto: All Change Orders (defined in Section 6
below), other written amendments, and other documents amending, modifying, or
supplementing the Contract Documents if properly adopted in writing and executed
by the Parties.
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Section 2. Proiect Description; Architect; Engineer; Contract Administrator
A. Project. A general description of the Project is as follows: interior remodeling of
Milton Fire Station 43 to include electric demolition, demolition to walls, doors,
flooring, etc as specified and install new flooring, and install and paint new drywall
and doors, as specified in Scope of Work provided in "Exhibit C", (the "Project").
B. Contract Administrator. The Contract Administrator for this Agreement shall be:
Robert Buscemi, City Architect.
Section 3. The Work
A. The Work. The Work to be completed under this Agreement (the "Work")
includes, but shall not be limited to, the work described in the Scope of Work
provided in "Exhibit B", attached hereto and incorporated herein by reference.
The Work includes all material, labor, insurance, tools, equipment, machinery,
water, heat, utilities, transportation, facilities, services and any other miscellaneous
items and work reasonably inferable from the Contract Documents. The term
"reasonably inferable" takes into consideration the understanding of the Parties that
some details necessary for proper execution and completion of the Work may not
be shown on the drawings or included in the specifications or Scope of Work, but
they are a requirement of the Work if they are a usual and customary component of
the Work or are otherwise necessary for proper and complete installation and
operation of the Work. Contractor shall complete the Work in strict accordance
with the Contract Documents. In the event of any discrepancy among the terms of
the various Contract Documents, the provision most beneficial to the City, as
determined by the City in its sole discretion, shall govern.
B. Notice to Proceed. The City will issue a Notice to Proceed, which Notice to
Proceed shall state the dates for beginning Work ("Commencement Date") and the
Expected Date of Final Completion (defined in Section 4(A) below). Unless
otherwise approved, the Contractor shall perform its obligations under this
Agreement as expeditiously as is consistent with reasonable skill and care and the
orderly progress of the Work.
C. Plans; Drawings and Specifications. The plans, drawings and specifications
provided in "Exhibit H", attached hereto, are hereby acknowledged by the Parties
and incorporated herein by reference.
D. Shop Drawings, Product Data, and Samples. Shop Drawings, Product Data,
Samples and similar submittals are not Contract Documents, but must be in
conformity therewith. The purpose of their submittal is to demonstrate, for those
portions of the Work for which submittals are required by the Contract Documents,
the way by which the Contractor proposes to conform to the information given and
the design concept expressed in the Contract Documents.
(i) "Shop Drawings" are drawings, diagrams, schedules and other data
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specifically prepared for the Work by the Contractor or a subcontractor,
sub -subcontractor, manufacturer, supplier or distributor to illustrate some
portion of the Work.
(ii) "Product Data" are illustrations, standard schedules, performance charts,
instructions, brochures, diagrams and other information furnished by the
Contractor to illustrate materials or equipment for some portion of the
Work.
(iii) "Samples" are physical examples that illustrate materials, equipment or
workmanship and establish standards by which the Work will be judged.
The Contractor shall review for compliance with the Contract Documents and shall
approve and submit to the Contract Administrator Shop Drawings, Product Data,
Samples, and similar submittals required by the Contract Documents with
reasonable promptness and in such sequence as to cause no delay in the Work or in
the activities of the City or of separate contractors. By approving and submitting
Shop Drawings, Product Data, Samples and similar submittals, the Contractor
represents that the Contractor has determined and verified materials, field
measurements and field construction criteria related thereto, or will do so, and has
checked and coordinated the information contained within such submittals with the
requirements of the Work and of the Contract Documents. Submittals which are
not marked as reviewed for compliance with the Contract Documents and approved
by the Contractor may be returned by the Contract Administrator without action.
The Contractor shall perform no portion of the Work for which the Contract
Documents require submittal and review of Shop Drawings, Product Data, Samples
or similar submittals until the respective submittal has been approved in writing by
the Contract Administrator, provided that submittals that are not required by the
Contract Documents may be returned without action.
The Work shall be completed in accordance with approved submittals, provided
that the Contractor shall not be relieved of responsibility for deviations from
requirements of the Contract Documents by the Contract Administrator's approval
of Shop Drawings, Product Data, Samples or similar submittals, unless the
Contractor has specifically informed the Contract Administrator in writing of such
deviation at the time of submittal and (1) the Contract Administrator has given
written approval to the specific deviation as a minor change in the Work, or (2) a
written Change Order has been issued and approved to authorize the deviation. The
Contract Administrator's approval of the Shop Drawings, Product Data, Samples
or similar submittals shall not relieve the Contractor of responsibility for errors or
omissions therein.
The Contractor shall, in writing or on resubmitted Shop Drawings, Product Data,
Samples or similar submittals, direct the Contract Administrator's attention to any
additional revisions included other than those requested by the Contract
Administrator on previous submittals. In the absence of such written notice
drawing the Contract Administrator's attention to such additional revisions, the
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Contract Administrator's approval of a resubmission shall not apply to such
additional revisions.
The Contractor shall maintain at the Project site(s) one record copy of the Contract
Documents in good order and marked currently to record field changes and
selections made during construction and one record copy of approved Shop
Drawings, Product Data, Samples and similar required submittals. These
documents shall be available to the City and Contract Administrator and shall be
delivered to the Contract Administrator or City upon completion of the Work.
Section 4. Contract Term; Liquidated Damages; Expedited Completion; Partial
Occupancy or Use
A. Contract Term. The term of this Agreement ("Term") shall commence on the
Effective Date and continue until completion of and payment for the Work
(provided that certain obligations, including but not limited to Warranty
obligations, will survive termination/expiration of this Agreement). Contractor
warrants and represents that it will perform its Work in a prompt and timely manner,
which shall not impose delays on the progress of the Work. The Contractor shall
commence Work pursuant to this Agreement within five (5) business days of the
Commencement Date provided by the City, and the Parties intend that all Work
shall be completed on or before five (5) weeks from the Notice to Proceed (the
"Expected Date of Final Completion"). Every effort will be made by Contractor to
shorten this period. If the Term of this Agreement continues beyond the calendar
year in which this Agreement is executed, the Parties agree that this Agreement, as
required by O.C.G.A. § 36-60-13, shall terminate absolutely and without further
obligation on the part of the City on September 30 each fiscal year of the Term, and
further, that this Agreement shall automatically renew on October 1 of each
subsequent fiscal year absent the City's provision of written notice of non -renewal
to Contractor at least five (5) calendar days prior to the end of the then current fiscal
year. Title to any supplies, materials, equipment, or other personal property shall
remain in Contractor until fully paid for by the City.
B. Time is of the Essence; Liquidated Damages. Contractor specifically
acknowledges that TIME IS OF THE ESSENCE of this Agreement and that City
will suffer financial loss if the Work is not completed in accordance with the
deadlines specified in Section 4(A) above and within the Contract Documents. The
City and Contractor also recognize the delays, expense, and difficulties involved in
proving in a legal or arbitration proceeding the actual loss suffered by the City if
the Work is not completed within the specified times. Accordingly, instead of
requiring any such proof, the City and Contractor agree that, as liquidated damages
for delay (but not as a penalty), the Contractor shall pay to the City
N/A for each and every calendar day that expires after a
deadline provided in the Contract Documents.
C. Expediting Completion. The Contractor is accountable for completing the Work
within the time period provided in the Contract Documents. If, in the judgment of
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the City, the Work is behind schedule and the rate of placement of work is
inadequate to regain scheduled progress to ensure timely completion of the entire
Work or a separable portion thereof, the Contractor, when so informed by the City,
shall immediately take action to increase the rate of work placement by:
(1) An increase in working forces;
(2) An increase in equipment or tools;
(3) An increase in hours of work or number of shifts;
(4) Expediting delivery of materials; and/or
(5) Other action proposed if acceptable to City.
Within five (5) calendar days after such notice from City that the Work is behind
schedule, the Contractor shall notify the City in writing of the specific measures
taken and/or planned to increase the rate of progress. The Contractor shall include
an estimate as to the date of scheduled progress recovery. Should the City deem
the plan of action inadequate, the Contractor shall take additional steps to make
adjustments as necessary to its plan of action until it meets with the City's approval
and such approval is provided in writing by the City.
D. Partial Occupancy or Use. The City may occupy or use any completed or partially
completed portion of the Work at any stage when such portion is designated by
separate agreement between the City and Contractor, provided such occupancy or
use is consented to by the insurer and authorized by public authorities having
jurisdiction over the Work. Such partial occupancy or use may commence whether
or not the portion is substantially complete, provided the City and Contractor have
accepted in writing the responsibilities assigned to each of them for payments,
retainage, if any, security, maintenance, heat, utilities, damage to the Work and
insurance, and have agreed in writing concerning the period for correction of the
Work and commencement of warranties required by the Contract Documents.
Consent of the Contractor to partial occupancy or use shall not be unreasonably
withheld. Immediately prior to such partial occupancy or use, the City, Contractor
and Contract Administrator shall jointly inspect the area to be occupied, or portion
of the Work to be used, in order to determine and record the condition of the Work.
Unless otherwise agreed-upon, partial occupancy or use of a portion or portions of
the Work shall not constitute acceptance of Work not complying with the
requirements of the Contract Documents.
Section 5. Contractor's Compensation; Time and Method of Payment
A. Maximum Contract Price. The total amount paid under this Agreement as
compensation for Work performed and reimbursement for costs incurred shall not,
in any case, exceed $12,993.31 (the "Maximum Contract Price"), except as outlined
in Section 6 below. The compensation for Work performed shall be based upon a
flat fee, and Contractor represents that the Maximum Contract Price is sufficient to
perform all of the Work set forth in and contemplated by this Agreement.
B. Additional Payment Requirements. Additional payment requirements are included
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as "Exhibit I", attached hereto and incorporated herein by reference.
C. Material Deviations. Any material deviations in tests or inspections performed, or
times or locations required to complete such tests or inspections, and like deviations
from the Work described in this Agreement shall be clearly communicated to the
City before charges are incurred and shall be handled through written Change
Orders, as described in Section 6 below. Whenever the Contract Administrator
considers it necessary or advisable, it shall have authority to require inspection or
testing of the Work. However, neither this authority of the Contract Administrator
nor a decision made in good faith either to exercise or not to exercise such authority
shall give rise to a duty or responsibility of the Contract Administrator to the
Contractor, subcontractors, material and equipment suppliers, their agents or
employees, or other persons or entities performing portions of the Work.
D. Taxes. The City is a governmental tax-exempt entity and shall not be responsible
for paying any taxes on any materials or services provided for herein. At
Contractor's request, City shall provide evidence of its tax-exempt status. To the
extent, if any, that the City furnishes tangible personal property to Contractor for
incorporation into the Project, Contractor shall be responsible for paying the
amount of tax owed for such tangible personal property.
Section 6. Change Orders
A. Change Order Defined. A "Change Order" means a written modification of the
Contract Documents, signed by representatives of the City and the Contractor with
appropriate authorization.
B. Right to Order Changes. The City reserves the right to order changes in the Work
to be performed under this Agreement by altering, adding to, or deducting from the
Work. All such changes shall be incorporated in written Change Orders and
executed by the Contractor and the City. Such Change Orders shall specify the
changes ordered and any necessary adjustment of compensation and completion
time. If the Parties cannot reach an agreement on the teens for performing the
changed work within a reasonable time to avoid delay or other unfavorable impacts
as determined by the City in its sole discretion, the City shall have the right to
determine reasonable terms, and the Contractor shall proceed with the changed
work.
C. Change Order Requirement. Any work added to the scope of this Agreement by a
Change Order shall be executed under all the applicable conditions of this
Agreement. No claim for additional compensation or extension of time shall be
recognized, unless contained in a written Change Order duly executed on behalf of
the City and the Contractor.
D. Authority to Execute Change Order. The City Manager has authority to execute,
without further action of the Milton City Council, any number of Change Orders so
long as their total effect does not materially alter the terms of this Agreement or
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materially increase the Maximum Contract Price, as set forth in Section 5(A) above.
Any such Change Orders materially altering the terms of this Agreement, or gLny
Change Order affecting the price where the Maximum Contract Price (as amended)
is in excess of $50,000, must be approved by resolution of the Milton City Council.
E. Minor Changes in the Work. The Contract Administrator will have the authority
to order minor changes in the Work not involving adjustment in the Maximum
Contract Price or extension of the Term and not inconsistent with the intent of the
Contract Documents. Such changes shall be effected by written order signed by
the Contract Administrator. The Contractor shall carry out such written orders
promptly. If the minor changes subsequently may affect adjustments in the
Maximum Contract Price or the Term, the changes shall then be converted to a
written Change Order by the requesting Party.
Section 7. Covenants of Contractor
A. Ethics Code: Conflict of Interest.
(i) Contractor agrees that it shall not engage in any activity or conduct that
would result in a violation of the City of Milton Code of Ethics or any other
similar law or regulation. Contractor certifies that to the best of his
knowledge no circumstances exist which will cause a conflict of interest in
performing the Work. Should Contractor become aware of any circumstances
that may cause a conflict of interest during the Term of this Agreement,
Contractor shall immediately notify the City. If the City determines that a
conflict of interest exists, the City may require that Contractor take action to
remedy the conflict of interest or terminate the Agreement without liability.
The City shall have the right to recover any fees paid for services rendered by
Contractor when such services were performed while a conflict of interest
existed if Contractor had knowledge of the conflict of interest and did not
notify the City within five (5) business days of becoming aware of the
existence of the conflict of interest.
(ii) Contractor and the City acknowledge that it is prohibited for any person to
offer, give, or agree to give any City employee or official, or for any City
employee or official to solicit, demand, accept, or agree to accept from another
person, a gratuity of more than nominal value or rebate or an offer of
employment in connection with any decision, approval, disapproval,
recommendation, or preparation of any part of a program requirement or a
purchase request, influencing the content of any specification or procurement
standard, rendering of advice, investigation, auditing, or in any other advisory
capacity in any proceeding or application, request for ruling, determination,
claim or controversy, or other particular matter, pertaining to any program
requirement or a contract or subcontract, or to any solicitation or proposal
therefor. The Contractor and the City further acknowledge that it is prohibited
for any payment, gratuity, or offer of employment to be made by or on behalf
of a sub -consultant under a contract to the prime Contractor or higher tier sub -
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consultant, or any person associated therewith, as an inducement for the award
of a subcontract or order.
B. Meetings. The Contractor is required to meet with the City's personnel, or
designated representatives, to resolve technical or contractual problems that may
occur during the Term of this Agreement at no additional cost to the City. Meetings
will occur as problems arise and will be coordinated by the City or the Contract
Administrator. The Contractor will be given a minimum of three (3) full business
days' notice of meeting date, time, and location. Face-to-face meetings are desired.
However, at the Contractor's option and expense, a conference call meeting may
be substituted. Consistent failure to participate in problem resolution meetings, two
consecutive missed or rescheduled meetings, or failure to make a good faith effort
to resolve problems, may result in termination of the contract for cause.
C. Expertise of Contractor. Contractor accepts the relationship of trust and confidence
established between it and the City, recognizing that the City's intention and
purpose in entering into this Agreement is to engage an entity with the requisite
capacity, experience, and professional skill and judgment to provide the Work in
pursuit of the timely and competent completion of the Work undertaken by
Contractor under this Agreement. The Contractor agrees to use its best efforts,
skill, judgment, and abilities to perform its obligations and to further the interests
of City and the Project in accordance with City's requirements and procedures, and
Contractor shall employ only persons duly qualified in the appropriate area of
expertise to perform the Work described in this Agreement.
D. Proper Execution by Contractor. Contractor agrees that it will perform its services
in accordance with the usual and customary standards of the Contractor's
profession or business and in compliance with all federal, state, and local laws,
regulations, codes, ordinances, or orders applicable to the Project, including, but
not limited to, O.C.G.A. § 50-5-63, any applicable records retention requirements,
and Georgia's Open Records Act (O.C.G.A. § 50-18-70, et seq.). Any additional
work or costs incurred as a result of error and/or omission by Contractor as a result
of not complying with the Contract Documents or not meeting the applicable
standard of care or quality, including but not limited to those of repeated procedures
and compensation for the Contract Administrator's services or expenses, will be
provided at Contractor's expense and at no additional cost to the City. This
provision shall survive termination of this Agreement.
It is the Contractor's responsibility to be reasonably aware of all applicable laws,
statutes, ordinances, building codes, and rules and regulations. If the Contractor
observes that portions of the Contract Documents are at variance therewith, the
Contractor shall promptly notify the Contract Administrator and the City in writing
of any portions of the Contract Documents that are at variance with the applicable
laws, statutes, ordinances, building codes, and rules and regulations.
The Contractor's duties shall not be diminished by any approval by the City or
Contract Administrator of Work completed or produced; nor shall any approval by
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the City or Contract Administrator of Work completed or produced release the
Contractor from any liability therefor, it being understood that the City is ultimately
relying upon the Contractor's skill and knowledge in performing the Work required
under the Contract Documents.
Organization of the specifications into divisions, sections and articles, and
arrangement of drawings shall not control the Contractor in dividing the Work
among subcontractors or in establishing the extent of Work to be performed by any
trade.
E. Familiarity with the Work.
(i) Contractor Familiarity with Work. Contractor represents that it has
familiarized itself with the nature and extent of the Contract Documents,
the Work, work site(s), locality, and all local conditions, laws and
regulations that in any manner may affect cost, progress, performance, or
furnishing of the Work. Since the Contract Documents are
complementary, before starting each portion of the Work, the Contractor
shall carefully study and compare the various Contract Documents, site
conditions, authorities, tests, reports and studies relative to that portion of
the Work, as well as the information furnished by the City, shall take field
measurements of any existing conditions related to that portion of the Work,
and shall observe any conditions at the Project site(s) affecting it.
Contractor represents and agrees that it has correlated the results of all such
observations, examinations, investigations, explorations, tests, reports, and
studies with the terms and conditions of the Contract Documents. These
obligations are for the purpose of facilitating construction by the Contractor
and are not for the purpose of discovering errors, omissions,
inconsistencies, or ambiguities in the Contract Documents; however, any
errors, inconsistencies, omissions, or ambiguities discovered by the
Contractor shall be reported promptly to the Contract Administrator and
City in writing. Contractor represents that it has given the City written
notice of all errors, omissions, inconsistencies, or ambiguities that the
Contractor has discovered in the Contract Documents so far, and the written
resolution thereof by the City is acceptable to the Contractor. Further,
Contractor acknowledges that its obligation to give notice of all such errors,
omissions, inconsistencies, or ambiguities shall be continuing during the
Term of this Agreement. Any failure on the part of the Contractor to notify
the Contract Administrator and City in writing of any errors, omissions,
inconsistencies, or ambiguities in the Contract Documents that Contractor
discovered or reasonably should have discovered shall result in a waiver
and full release by the Contractor of any future arguments or defenses based
on such errors, omissions, inconsistencies, or ambiguities against the City.
Further, if the Contractor fails to perform its obligations pursuant to this
paragraph, the Contractor shall pay such costs and damages to the City as
would have been avoided if the Contractor had performed such obligations.
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(ii) Inspection of Prior Work. If part of the Contractor's Work depends for
proper execution or results upon construction or operations by a separate
contractor, the Contractor shall, prior to proceeding with that portion of the
Work, promptly report to the Contract Administrator apparent
discrepancies or defects in such other construction that would render it
unsuitable for such proper execution and results. Failure of the Contractor
so to report shall constitute an acknowledgment that the City's or separate
contractor's completed or partially completed construction is fit and proper
to receive the Contractor's Work, except as to defects not then reasonably
discoverable, and Contractor shall be responsible for all costs and damages
resulting from its failure to report reasonably discoverable defects.
(iii) Contractor Requests for Information. If, with undue frequency (as
determined by the City in its sole discretion), the Contractor requests
information that is obtainable through reasonable examination and
comparison of the Contract Documents, site conditions, and previous
correspondence, interpretations or clarifications, the Contractor shall be
liable to the City for reasonable charges from the Contract Administrator
for the additional services required to review, research and respond to such
requests for information.
F. Supervision, Inspection and Construction Procedures. The Contractor shall
supervise and direct the Work, using the Contractor's best skill and attention. The
Contractor shall be solely responsible for and have control over construction means,
methods, techniques, sequences and procedures and for coordinating all portions of
the Work under the Agreement, unless the Contract Documents give other specific
instructions concerning these matters. If the Contract Documents give specific
instructions concerning construction means, methods, techniques, sequences or
procedures, the Contractor shall evaluate the jobsite safety therefor and, except as
stated below, shall be fully and solely responsible for the jobsite safety for such
means, methods, techniques, sequences, or procedures. If the Contractor
determines that such means, methods, techniques, sequences or procedures may not
be safe, the Contractor shall give timely written notice to the City and Contract
Administrator and shall not proceed with that portion of the Work without further
written instructions from the City or Contract Administrator as approved in writing
by the City.
The Contractor shall be responsible for initiating, maintaining and supervising all
safety precautions and programs in connection with the performance of this
Agreement. The Contractor shall take reasonable precautions for the safety of, and
shall provide reasonable protection to prevent damage, injury or loss to: (a)
employees and other persons who may be affected, (b) the Work and materials and
equipment to be incorporated therein, whether in storage on or off the Project
site(s), under care, custody or control of the Contractor or Contractor's
subcontractors or sub -subcontractors, and (c) other property at the Project site(s) or
adjacent thereto, such as trees, shrubs, lawns, walks, pavements, roadways,
structures and utilities not designated for removal, relocation or replacement in the
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course of construction. The Contractor shall give notices and comply with
applicable laws, ordinances, rules, regulations and lawful orders of public
authorities bearing on safety of persons or property or their protection from damage,
injury or loss.
When use or storage of explosives or other hazardous materials or equipment or
unusual methods are necessary for execution of the Work, the Contractor shall
exercise utmost care and carry on such activities under supervision of properly
qualified personnel. If reasonable precautions will be inadequate to prevent
foreseeable bodily injury or death to persons resulting from a material or substance,
including but not limited to asbestos or polychlorinated biphenyl (PCB),
encountered on the Project site(s) by the Contractor, the Contractor shall, upon
recognizing the condition, immediately stop Work in the affected area and report
the condition to the City and Contract Administrator in writing.
G. Tests and Inspections. Tests, inspections and approvals of portions of the Work
required by the Contract Documents or by laws, or ordinances, rules, regulations
or orders of public authorities having jurisdiction shall be made promptly at an
appropriate time to avoid unreasonable delay in the Work. Unless otherwise
provided, the Contractor shall make arrangements for such tests, inspections and
approvals with an independent testing laboratory or entity acceptable to the City,
or with the appropriate public authority, and shall bear all related costs of tests,
inspections and approvals. The Contractor shall give the Contract Administrator
timely notice of when and where tests and inspections are to be made so that the
Contract Administrator may be present for such procedures. Required permits or
certificates of testing, inspection or approval shall, unless otherwise required by the
Contract Documents, be secured by the Contractor and delivered to the Contract
Administrator within ten (10) calendar days of issuance.
H. Budgetary Limitations. Contractor agrees and acknowledges that budgetary
limitations are not a justification for breach of sound principals of Contractor's
profession and industry. Contractor shall take no calculated risk in the performance
of the Work. Specifically, Contractor agrees that, in the event it cannot perform
the Work within the budgetary limitations established without disregarding sound
principals of Contractor's profession and industry, Contractor will give written
notice immediately to the City.
City's Reliance on the Work. The Contractor acknowledges and agrees that the
City does not undertake to approve or pass upon matters of expertise of the
Contractor and that therefore, the City bears no responsibility for Contractor's
Work performed under this Agreement. The Contractor acknowledges and agrees
that the acceptance of Work by the City is limited to the function of determining
whether there has been compliance with what is required to be produced under this
Agreement. The City will not, and need not, inquire into adequacy, fitness,
suitability or correctness of Contractor's performance. Contractor further agrees
that no approval of designs, plans, or specifications by any person, body, or agency
shall relieve Contractor of the responsibility for adequacy, fitness, suitability, and
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correctness of Contractor's Work under professional and industry standards, or for
performing services under this Agreement in accordance with sound and accepted
professional and industry principles.
J. Contractor's Reliance on Submissions by the City. Contractor must have timely
information and input from the City in order to perform the Work required under
this Agreement. Contractor is entitled to rely upon information provided by the
City, but Contractor shall be required to provide immediate written notice to the
City if Contractor knows or reasonably should know that any information provided
by the City is erroneous, inconsistent, or otherwise problematic.
K. Uncovering and Correction of Work. If a portion of the Work is covered contrary
to the Contract Administrator's request or to requirements specifically expressed
in the Contract Documents, it must, if required in writing by the Contract
Administrator, be uncovered for examination by the Contract Administrator and be
replaced at the Contractor's expense without change in the Agreement Term.
If a portion of the Work has been covered which the Contract Administrator has
not specifically requested to examine prior to its being covered or which the
Contract Documents did not require to remain uncovered until examined, the
Contract Administrator may request to see such Work, and it shall be uncovered by
the Contractor. If such Work is in accordance with the Contract Documents, costs
of uncovering and replacement shall, by appropriate Change Order, be at the City's
expense, which expense shall be agreed upon in writing prior to being incurred. If
such Work is not in accordance with the Contract Documents, correction shall be
at the Contractor's expense, unless the condition was caused by the City, in which
event the City shall be responsible for payment of such costs including reasonable
charges, if any, by the Contract Administrator for additional service, which expense
shall be agreed upon in writing prior to being incurred.
If the City prefers to accept Work that is not in accordance with the requirements
of the Contract Documents, the City may do so instead of requiring its removal and
correction, in which case the Maximum Contract Price will be reduced as
appropriate and equitable. Such adjustment shall be effected whether or not final
payment has been made.
L. Clean Un. Contractor shall keep the Project site(s) and surrounding area free from
accumulation of waste materials or rubbish caused by operations under this
Agreement. At completion of the Work, the Contractor shall remove from and
about the Project waste materials, rubbish, the Contractor's tools, construction
equipment, machinery and surplus materials. If the Contractor fails to clean up as
provided in the Contract Documents, the City may do so, and the cost thereof shall
be charged to the Contractor.
M. Contractor's Representative. Gary Frantz shall be authorized to act on
Contractor's behalf with respect to the Work as Contractor's designated
representative.
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N. Independent Contractor. Contractor hereby covenants and declares that it is
engaged in an independent business and agrees to perform the Work as an
independent contractor and not as the agent or employee of the City. Nothing
contained in this Agreement shall be construed to make the Contractor, or any of
its employees, servants or subcontractors, an employee, servant or agent of the City
for any purpose. The Contractor agrees to be solely responsible for its own matters
relating to the time and place the Work is performed and the method used to
perform such Work; the instrumentalities, tools, supplies, and/or materials
necessary to complete the Work; hiring of subcontractors, agents, or employees to
complete the Work; and the payment of employees, including benefits and
compliance with Social Security, withholding, and all other regulations governing
such matters. The Contractor agrees to be solely responsible for its own acts and
those of its subordinates, employees, and subcontractors during the life of this
Agreement. There shall be no contractual relationship between any subcontractor
or supplier and the City by virtue of this Agreement with the Contractor. Any
provisions of this Agreement that may appear to give the City the right to direct
Contractor as to the details of the services to be performed by Contractor or to
exercise a measure of control over such services will be deemed to mean that
Contractor shall follow the directions of the City with regard to the results of such
services only. It is further understood that this Agreement is not exclusive, and the
City may hire additional entities to perform Work related to this Agreement.
Inasmuch as the City and the Contractor are independent of each other, neither has
the authority to bind the other to any third person or otherwise to act in any way as
the representative of the other, unless otherwise expressly agreed to in writing
signed by both Parties hereto. The Contractor agrees not to represent itself as the
City's agent for any purpose to any party or to allow any employee of the Contractor
to do so, unless specifically authorized, in advance and in writing, to do so, and
then only for the limited purpose stated in such authorization. The Contractor shall
assume full liability for any contracts or agreements the Contractor enters into on
behalf of the City without the express knowledge and prior written consent of the
City.
O. Responsibility of Contractor and Indemnification of City. The Contractor
covenants and agrees to take and assume all responsibility for the Work rendered
in connection with this Agreement. The Contractor shall bear all losses and
damages directly or indirectly resulting to it and/or the City on account of the
performance or character of the Work rendered pursuant to this Agreement. To the
fullest extent permitted by law, Contractor shall defend, indemnify, and hold
harmless the City and the City's elected and appointed officials, officers, boards,
commissions, employees, representatives, consultants, servants, agents, attorneys
and volunteers (individually an "Indemnified Party" and collectively "Indemnified
Parties") from and against any and all claims, suits, actions, judgments, injuries,
damages, losses, costs, expenses and liability of any kind whatsoever, including,
but not limited to, attorney's fees and costs of defense ("Liabilities"), which may
arise from or be the result of alleged willful, negligent, or tortious act or omission
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arising out of the Work, performance of contracted services, or operations by the
Contractor, any subcontractor, anyone directly or indirectly employed by the
Contractor or subcontractor, or anyone for whose acts the Contractor or
subcontractor may be liable, regardless of whether or not the act or omission is
caused in part by a party indemnified hereunder. This indemnity obligation does
not include Liabilities caused by or resulting from the sole negligence of an
Indemnified Party. To the extent of Liabilities caused by engineering work
performed by Contractor, Contractor's obligations under this paragraph are limited
to indemnifying for Liabilities to the extent caused by Contractor or its agents.
These obligations shall not be construed to negate, abridge, or otherwise reduce any
other right or obligation of indemnity which would otherwise exist as to any party
or person described in this provision.
In any and all claims against an Indemnified Party, by any employee of the
Contractor, its subcontractor, anyone directly or indirectly employed by the
Contractor or subcontractor, or anyone for whose acts the Contractor or
subcontractor may be liable, the indemnification obligation set forth in this
provision shall not be limited in any way by any limitation on the amount or type
of damages, compensation, or benefits payable by or for the Contractor or any
subcontractor under workers' or workmen's compensation acts, disability benefit
acts, or other employee benefit acts. This obligation to indemnify, defend, and hold
harmless the Indemnified Party(ies) shall survive expiration or termination of this
Agreement, provided that the claims are based upon or arise out of actions or
omissions that occurred during the performance of this Agreement.
P. Insurance.
(1) Requirements: The Contractor shall have and maintain in full force and
effect for the duration of this Agreement, insurance insuring against claims
for injuries to persons or damages to property which may arise from or in
connection with the performance of the Work by the Contractor, its agents,
representatives, employees or subcontractors. All policies shall be subject
to approval by the City as to form and content. These requirements are
subject to amendment or waiver if so approved in writing by the City
Manager.
(2) Minimum Limits of Insurance: Contractor shall maintain the following
insurance policies with coverage and limits no less than:
(a) Commercial General Liability: $1,000,000 (one million dollars)
combined single limit per occurrence $2,000,000 (two million
dollars) aggregate comprehensive/extended/enhanced Commercial
General Liability policy with coverage including bodily and
personal injury, sickness, disease or death, injury to or destruction
of property, including loss of use resulting therefrom, damage to
premises/operations, products/completed operations, independent
consultants and contractual liability (specifically covering the
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indemnity), broad -from property damage, and underground, explosion
and collapse hazard. This coverage may be achieved by using an
excess or umbrella policy. The policy or policies must be on "an
occurrence" basis ("claims made" coverage is not acceptable).
(b) Commercial Automobile Liability (owned, non -owned, hired):
$1,000,000 (one million dollars) combined single limit per
occurrence $2,000,000 (two million dollars) aggregate for
comprehensive Commercial Automobile liability coverage (owned,
non -owned, hired) including bodily and personal injury, sickness,
disease or death, injury to or destruction of property, including loss
of use resulting therefrom.
(c) Professional Liability: $1,000,000 (one million dollars) limit
Professional Liability policy for claims arising out of professional
services and caused by the Contractor's errors, omissions, or
negligent acts (required if any professional services will be
provided).
(d) Workers' Compensation and Employers' Liability: Workers'
Compensation policy with limits as required by the State of Georgia
and Employers' Liability limits of $1,000,000 (one million dollars)
per occurrence or disease. (If Contractor is a sole proprietor, who is
otherwise not entitled to coverage under Georgia's Workers'
Compensation Act, Contractor must secure Workers' Compensation
coverage approved by both the State Board of Workers'
Compensation and the Commissioner of Insurance. The amount of
such coverage shall be the same as what is otherwise required of
employers entitled to coverage under the Georgia Workers'
Compensation Act. Further, the Contractor shall provide a
certificate of insurance indicating that such coverage has been
secured and that no individual has been excluded from coverage.)
(e) Builder's Risk Insurance: Contractor shall provide a Builder's Risk
Insurance Policy to be made payable to the City and Contractor, as
their interests may appear. The policy amount shall be equal to
100% of the Maximum Contract Price, written on a Builder's Risk
"All Risk," or its equivalent. The policy shall provide, or be
endorsed to provide, as follows: "The following may occur without
diminishing, changing, altering or otherwise affecting the coverage
and protection afforded the insured under this policy: i) Equipment
may be delivered to the insured premises and installed in place ready
for use; and ii) Partial or complete occupancy by City; and iii)
Performance of Work in connection with construction operations
insured by the City, by its agents or lessees, or other contractors of
the City or using agency." The insurance coverage shall include
extended coverage, and providing coverage for transit, with sub -
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limits sufficient to insure the full replacement value of the property
or equipment removed from its site and while located away from its
site until the date of final acceptance of the Work.
(f) 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 the City in writing so that
the City may ensure the financial solvency of the Contractor; self-insured
retentions should be included on the certificate of insurance.
(4) Other Insurance Provisions: Each policy shall contain, or be endorsed to
contain, the following provisions respectively:
(a) General Liability, Automobile Liability and Umbrella Liability
Coverage.
(i) Additional Insured Requirement. The City and City's
elected and appointed officials, officers, boards,
commissioners, employees, representatives, consultants,
servants, agents and volunteers (individually "Insured Party"
and collectively "Insured Parties") shall be named as
additional insureds as respects: liability arising out of
activities performed by or on behalf of the Contractor;
products and completed operations of the Contractor;
premises owned, leased, or used by the Contractor;
automobiles owned, leased, hired, or borrowed by the
Contractor. The coverage shall contain no special limitations
on the scope of protection afforded to the Insured Parties.
Nothing contained in this section shall be construed to
require the Contractor to provide liability insurance
coverage to any Insured Party for claims asserted against
such Insured Party for its sole negligence.
(ii) Primary Insurance Requirement. The Contractor's
insurance coverage shall be primary noncontributing
insurance as respects to any other insurance or self-insurance
available to the Insured Parties. Any insurance or self-
insurance maintained by the Insured Parties shall be in
excess of the Contractor's insurance and shall not contribute
with it.
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(iii) Reporting Requirement. Any failure to comply with
reporting provisions of the policies shall not affect coverage
provided to the Insured Parties.
(iv) Separate Coverage. Coverage shall state that the
Contractor's insurance shall apply separately to each insured
against whom claim is made or suit is brought, except with
respect to limits of insurance provided.
(v) Defense Costs/Cross Liability. Coverage shall be provided
on a "pay on behalf' basis, with defense costs payable in
addition to policy limits. There shall be no cross liability
exclusion.
(vi) Subrogation. The insurer shall agree to waive all rights of
subrogation against the Insured Parties for losses arising
from Work performed by the Contractor for the City.
(b) Workers' Compensation Coverage: The insurer providing Workers'
Compensation Coverage will agree to waive all rights of
subrogation against the Insured Parties for losses arising from Work
performed by the Contractor for the City.
(c) All Coverages:
(i) Notice Requirement. Each insurance policy required by this
Agreement shall be endorsed to state that coverage shall not
be suspended, voided, or canceled except after thirty (30)
calendar days prior written notice (or 10 calendar days if due
to non-payment) has been given to the City. The City
reserves the right to accept alternate notice terms and
provisions, provided they meet the minimum requirements
under Georgia law.
(ii) Starting and Ending Dates. Policies shall have concurrent
starting and ending dates.
(iii) Incorporation oflndemnification Obligations. Policies shall
include an endorsement incorporating the indemnification
obligations assumed by the Contractor under the terms of
this Agreement, including but not limited to Section 7(0) of
this Agreement.
(5) Acceptability of Insurers: The insurance to be maintained by Contractor
must be issued by a company licensed or approved by the Insurance
Commissioner to transact business in the State of Georgia. Such insurance
shall be placed with insurer(s) with an A.M. Best Policyholder's rating of
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no less than "A-" and with a financial rate of Class VII or greater. The
Contractor shall be responsible for any delay resulting from the failure of
its insurer to provide proof of coverage in the proscribed form.
(6) Verification of Coverage: Contractor shall furnish to the City for City
approval certificates of insurance and endorsements to the policies
evidencing all coverage required by this Agreement prior to the start of
work. Without limiting the general scope of this requirement, Contractor is
specifically required to provide an endorsement naming the City as an
additional insured when required. The certificates of insurance and
endorsements for each insurance policy are to be on a form utilized by
Contractor's insurer in its normal course of business and are to be signed by
a person authorized by that insurer to bind coverage on its behalf, unless
alternate sufficient evidence of their validity and incorporation into the
policy is provided. The City reserves the right to require complete, certified
copies of all required insurance policies at any time. The Contractor shall
provide proof that any expiring coverage has been renewed or replaced prior
to the expiration of the coverage.
(7) Subcontractors: Contractor shall either (1) ensure that its insurance policies
(as described herein) cover all subcontractors and the Work performed by
such subcontractors or (2) ensure that any subcontractor secures separate
policies covering that subcontractor and its Work. All coverage for
subcontractors shall be subject to all of the requirements stated in this
Agreement, including, but not limited to, naming the Insured Parties as
additional insureds.
(8) Claims -Made Policies: Contractor shall extend any claims -made insurance
policy for at least six (6) years after termination or final payment under the
Agreement, whichever is later, and have an effective date which is on or
prior to the Effective Date.
(9) Progress ss Payments: The making of progress payments to the Contractor
shall not be construed as relieving the Contractor or its subcontractor or
insurance carriers from providing the coverage required in this Agreement.
Q. RESERVED.
R. Assignment of Agreement. The Contractor covenants and agrees not to assign or
transfer any interest in, or delegate any duties of this Agreement, without the prior
express written consent of the City. As to any approved subcontractors, the
Contractor shall be solely responsible for reimbursing them, and the City shall have
no obligation to them.
S. Employment of Unauthorized Aliens Prohibited — E- Verify Affidavit. Pursuant to
O.C.G.A. § 13-10-91, the City shall not enter into a contract for the physical
performance of services unless:
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(1) the Contractor shall provide evidence on City -provided forms, attached
hereto as "Exhibits G.1 and G.2" (affidavits regarding compliance with
the E -Verify program to be sworn under oath under criminal penalty of false
swearing pursuant to O.C.G.A. § 16-10-71), that it and its subcontractors
have registered with, are authorized to use and use the federal work
authorization program commonly known as E -Verify, or any subsequent
replacement program, in accordance with the applicable provisions and
deadlines established in O.C.G.A. § 13-10-91, and that they will continue
to use the federal work authorization program throughout the contract
period, or
(2) the Contractor provides evidence that it is not required to provide an
affidavit because it is an individual licensed pursuant to Title 26 or Title 43
or by the State Bar of Georgia and is in good standing.
The Contractor hereby verifies that it has, prior to executing this Agreement,
executed a notarized affidavit, the form of which is provided in "Exhibit G.1", and
submitted such affidavit to City or provided the City with evidence that it is an
individual not required to provide such an affidavit because it is licensed and in
good standing as noted in sub -subsection (2) above. Further, Contractor hereby
agrees to comply with the requirements of the federal Immigration Reform and
Control Act of 1986 (IBCA), P.L. 99-603, O.C.G.A. § 13-10-91 and Georgia
Department of Labor Rule 300-10-1-.02.
In the event the Contractor employs or contracts with any subcontractor(s) in
connection with the covered contract, the Contractor agrees to secure from such
subcontractor(s) attestation of the subcontractor's compliance with O.C.G.A. § 13-
10-91 and Rule 300-10-1-.02 by the subcontractor's execution of the subcontractor
affidavit, the form of which is attached hereto as "Exhibit G.2", which
subcontractor affidavit shall become part of the contractor/subcontractor
agreement, or evidence that the subcontractor is not required to provide such an
affidavit because it is licensed and in good standing as noted in sub -subsection (2)
above. If a subcontractor affidavit is obtained, Contractor agrees to provide a
completed copy to the City within five (5) business days of receipt from any
subcontractor.
Where Contractor is required to provide an affidavit pursuant to O.C.G.A. § 13-10-
91, the City Manager or his/her designee shall be authorized to conduct an
inspection of the Contractor's and Contractor's subcontractors' verification process
at any time to determine that the verification was correct and complete. The
Contractor and Contractor's subcontractors shall retain all documents and records
of their respective verification process for a period of five (5) years following
completion of the contract. Further, where Contractor is required to provide an
affidavit pursuant to O.C.G.A. § 13-10-91, the City Manager or his/her designee
shall further be authorized to conduct periodic inspections to ensure that no City
Contractor or Contractor's subcontractors employ unauthorized aliens on City
contracts. By entering into a contract with the City, the Contractor and Contractor's
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subcontractors agree to cooperate with any such investigation by making their
records and personnel available upon reasonable notice for inspection and
questioning. Where a Contractor or Contractor's subcontractors are found to have
employed an unauthorized alien, the City Manager or his/her designee may report
same to the Department of Homeland Security. The Contractor's failure to
cooperate with the investigation may be sanctioned by termination of the contract,
and the Contractor shall be liable for all damages and delays occasioned by the City
thereby.
Contractor agrees that the employee -number category designated below is
applicable to the Contractor. [Information only required if a contractor affidavit is
required pursuant to O.C.G.A. § 13-10-91.]
500 or more employees.
100 or more employees.
X Fewer than 100 employees.
Contractor hereby agrees that, in the event Contractor employs or contracts with
any subcontractor(s) in connection with this Agreement and where the
subcontractor is required to provide an affidavit pursuant to O.C.G.A. § 13-10-91,
the Contractor will secure from the subcontractor(s) such subcontractor(s')
indication of the above employee -number category that is applicable to the
subcontractor.
The above requirements shall be in addition to the requirements of State and federal
law and shall be construed to be in conformity with those laws.
T. Records, Reports and Audits.
(1) Records:
(a) Books, records, documents, account legers, data bases, and similar
materials relating to the Work performed for the City under this
Agreement ("Records") shall be established and maintained by the
Contractor in accordance with applicable law and requirements
prescribed by the City with respect to all matters covered by this
Agreement. Except as otherwise authorized or required, such
Records shall be maintained for at least three (3) years from the date
that final payment is made to Contractor by City under this
Agreement. Furthermore, Records that are the subject of audit
findings shall be retained for three (3) years or until such audit
findings have been resolved, whichever is later.
(b) All costs claimed or anticipated to be incurred in the performance of
this Agreement shall be supported by properly executed payrolls,
time records, invoices, contracts, or vouchers, or other official
documentation evidencing in proper detail the nature and propriety
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of the charges. All checks, payrolls, invoices, contracts, vouchers,
orders, or other accounting documents pertaining in whole or in part
to this Agreement shall be clearly identified and readily accessible.
(2) Reports and Information: Upon request, the Contractor shall furnish to the
City any and all Records in the form requested by the City. All Records
stored on a computer database must be of a format compatible with the
City's computer systems and software.
(3) Audits and Inspections: At any time during normal business hours and as
often as the City may deem necessary, Contractor shall make available to
the City or City's representative(s) for examination all Records. The
Contractor will permit the City or City's representative(s) to audit, examine,
and make excerpts or transcripts from such Records. Contractor shall
provide proper facilities for City or City's representative(s) to access and
inspect the Records, or, at the request of the City, shall make the Records
available for inspection at the City's office. Further, Contractor shall permit
the City or City's representative(s) to observe and inspect any or all of
Contractor's facilities and activities during normal hours of business for the
purpose of evaluating Contractor's compliance with the terms of this
Agreement. In such instances, the City or City's representative(s) shall not
interfere with or disrupt such activities.
U. Confidentiality. Contractor acknowledges that it may receive confidential
information of the City and that it will protect the confidentiality of any such
confidential information and will require any of its subcontractors, contractors,
and/or staff to likewise protect such confidential information. The Contractor
agrees that confidential information it receives or such reports, information,
opinions, or conclusions that Contractor creates under this Agreement shall not be
made available to, or discussed with, any individual or organization, including the
news media, without prior written approval of the City. Contractor shall exercise
reasonable precautions to prevent the unauthorized disclosure and use of City
information whether specifically deemed confidential or not.
Contractor acknowledges that the City's disclosure of documentation is governed
by Georgia's Open Records Act, and Contractor further acknowledges that, if
Contractor submits records containing trade secret information and if Contractor
wishes to keep such records confidential, Contractor must submit and attach to such
records an affidavit affirmatively declaring that specific information in the records
constitutes trade secrets pursuant to Article 27 of Chapter 1 of Title 10, and the
Parties shall follow the requirements of O.C.G.A. § 50-18-72(a)(34) related thereto.
V. Licenses, Certifications and Permits. The Contractor covenants and declares that
it has obtained all diplomas, certificates, licenses, permits, or the like required of
the Contractor by any and all national, state, regional, county or local boards,
agencies, commissions, committees or other regulatory bodies in order to perform
the Work contracted for under this Agreement; provided that some permits or
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licenses related to the Project may be obtained as part of the Work and shall be
obtained as required for additional compensation. See discussion of permits in
Exhibit "B".
W. Consultants Assisting with Procurement. As required by O.C.G.A. § 36-80-28, if
the Agreement requires the Contractor 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 Contractor shall avoid any
appearance of impropriety and shall follow all ethics and conflict-of-interest
policies and procedures of the City; (b) the Contractor shall immediately disclose
to the City any material transaction or relationship, including, but not limited to,
that of the Contractor, the Contractor's employees, or the Contractor'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 Contractor 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.
X. Authority to Contract. The Contractor covenants and declares that it has obtained
all necessary approvals of its board of directors, stockholders, general partners,
limited partners, or similar authorities to simultaneously execute and bind
Contractor to the terms of this Agreement, if applicable.
Y. Ownership of Work. All reports, designs, drawings, plans, specifications,
schedules, work product, and other materials, including those in electronic form,
prepared or in the process of being prepared for the Work to be performed by the
Contractor ("Materials") shall be the property of the City, and the City shall be
entitled to full access and copies of all Materials in the form prescribed by the City.
Any Materials remaining in the hands of the Contractor or subcontractor upon
completion or termination of the Work shall be delivered immediately to the City
whether or not the Project or Work is commenced or completed, provided, however,
that Contractor may retain a copy of any deliverables for its records. The
Contractor assumes all risk of loss, damage or destruction of or to Materials. If any
Materials are lost, damaged, or destroyed before final delivery to the City, the
Contractor shall replace them at its own expense. Any and all copyrightable subject
matter in all Materials is hereby assigned to the City, and the Contractor agrees to
execute any additional documents that may be necessary to evidence such
assignment.
Z. Nondiscrimination. In accordance with Title VI of the Civil Rights Act of 1964, as
amended, 42 U.S.C. § 2000d, section 303 of the Age Discrimination Act of 1975,
as amended, 42 U.S.C. § 6102, section 202 of the Americans with Disabilities Act
of 1990, 42 U.S.C. § 12132, and all other provisions of Federal law, the Contractor
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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 or belief, or political affiliation, national origin, gender, age or disability. In
addition, Contractor agrees to comply with all applicable implementing regulations
and shall include the provisions of this paragraph in every subcontract for services
contemplated under this Agreement.
Section 8. Covenants of the City
A. Right of Entry. The City shall provide for right of entry for Contractor and
Contractor's equipment as required for Contractor to complete the Work; provided
that Contractor shall not unreasonably encumber the Project site(s) with materials
or equipment.
B. City's Representative. _Robert Buscemi shall be authorized to act on the City's
behalf with respect to the Work as the City's designated representative on this
Project; provided that any changes to the Work or the terms of this Agreement must
be approved as provided in Section 6 above.
Section 9. Final Project Documents; Warranty
A. Final Project Documents. Prior to final payment, Contractor shall deliver to City a
written assignment of all warranties, guaranties, certificates, permits, and other
documents, including without limitation, all contractors' and manufacturers'
warranties. At such time, Contractor shall also deliver to the City copies of all as -
built drawings, operations, and maintenance manuals, and any other pertinent
documents relating to the construction and operation of the Work that is not
otherwise in the possession of the City.
B. Warraniy. The Contractor warrants to the City and the Contract Administrator that
materials and equipment furnished under the Agreement will be of good quality
and new, unless otherwise required or permitted by the Contract Documents, that
the Work will be free from defects not inherent in the quality required or permitted,
and that the Work will conform to the requirements of the Contract Documents.
Work not conforming to these requirements, including substitutions not properly
approved and authorized, is considered defective. This warranty excludes remedy
for damage or defect caused by abuse by the City or modifications to the Work not
executed by the Contractor or an employee/subcontractor/sub-subcontractor
thereof.
Except as may be otherwise specified or agreed, the Contractor shall repair or
replace all defects in materials, equipment, or workmanship appearing within _one
(1) year(s) (the "Warranty Period") from the date of Final Completion (as
defined in "Exhibit I", attached hereto and incorporated herein by reference) at no
additional cost to the City. An inspection shall be conducted by the City or its
representative(s) near the completion of the respective Warranty Period to identify
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any issues that must be resolved by the Contractor. Expiration of any Warranty
Period shall not affect the Contractor's continued liability under an implied
warranty of merchantability and fitness. All warranties implied by law, including
fitness for a particular purpose and suitability, are hereby preserved and shall apply
in full force and effect beyond any Warranty Period. City may purchase additional
maintenance services from the Contractor upon a written proposal for such services
being executed by authorized representatives of both Parties, and upon execution,
such proposal for additional services shall be incorporated herein by this reference.
Section 10. Termination
A. For Convenience. The City may terminate this Agreement for convenience at any
time upon providing written notice thereof to Contractor at least seven (7) calendar
days in advance of the termination date.
B. For Cause. The Contractor shall have no right to terminate this Agreement prior to
completion of the Work, except in the event of City's failure to pay the Contractor
within thirty (30) calendar days of Contractor providing the City with notice of a
delinquent payment and an opportunity to cure. The City may terminate this
Agreement for cause as provided in Section 11 of this Agreement. The City shall
give Contractor at least seven (7) calendar days' written notice of its intent to
terminate the Agreement for cause and the reasons therefor, and if Contractor, or
its Surety, fails to cure the default within that period, the termination shall take
place without further notice. The City shall then make alternative arrangements for
completion of the Project.
C. Statutory Termination. In compliance with O.C.G.A. § 36-60-13, this Agreement
shall be deemed terminated as provided in Section 4(A) of this Agreement. Further,
this Agreement shall terminate immediately and absolutely at such time as
appropriated or otherwise unobligated funds are no longer available to satisfy the
obligation of the City.
D. Payment. Provided that no damages are due to the City for Contractor's failure to
perform in accordance with this Agreement, and except as otherwise provided
herein, the City shall, upon termination for convenience or statutory termination,
pay Contractor for Work performed prior to the date of termination in accordance
with Section 5 herein. The City shall have no further liability to Contractor for such
termination. At its sole discretion, the City may pay Contractor for additional value
received as a result of Contractor's efforts, but in no case shall said payment exceed
any remaining unpaid portion of the Maximum Contract Price.
If this Agreement is terminated for cause, the City will make no further payment to
the Contractor or its Surety until the Project is completed and all costs of
completing the Project are paid. If the unpaid balance of the amount due the
Contractor, according to this Agreement, exceeds the cost of finishing the Project,
City shall provide payment to the Contractor (or its Surety) for services rendered
and expenses incurred prior to the termination date, provided that such payment
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shall not exceed the unpaid balance of the amount otherwise payable under this
Agreement minus the cost of completing the Project. If the costs of completing the
Project exceed the unpaid balance, the Contractor or its Surety shall pay the
difference to the City.
E. Assumption of Contracts. The City reserves the right in termination for cause to
take assignment of all contracts between the Contractor and its subcontractors,
vendors, and suppliers. The City will promptly notify the Contractor of the
contracts the City elects to assume. Upon receipt of such notice, the Contractor
shall promptly take all steps necessary to effect such assignment.
F. Conversion to Termination for Convenience. If the City terminates this Agreement
for cause and it is later determined that the City did not have grounds to do so, the
termination will be converted to and treated as a termination for convenience under
the terms of Section 10(A) above.
G. Requirements Upon Termination. Upon termination, the Contractor shall: (1)
promptly discontinue all services, cancel as many outstanding obligations as
possible if requested to do so by the City, and not incur any new obligations, unless
the City directs otherwise; and (2) promptly deliver to the City all data, drawings,
reports, summaries, and such other information and materials as may have been
generated or used by the Contractor in performing this Agreement, whether
completed or in process, in the form specified by the City.
H. Reservation of Rights and Remedies. The rights and remedies of the City and the
Contractor provided in this Section are in addition to any other rights and remedies
provided under this Agreement or at law or in equity.
Section 11. City's Rights; Contractor Default
A. City Rights Related to the Work.
(i) City's Right to Stop the Work. If the Contractor fails to correct Work which
is not in accordance with the requirements of the Contract Documents, as required by
the Contract Administrator, or persistently fails to carry out Work in accordance with
the Contract Documents, the City may issue a written order to the Contractor to stop
the Work, or any portion thereof, until the cause for such order has been eliminated;
however, the right of the City to stop the Work shall not give rise to a duty on the part
of the City to exercise this right for the benefit of the Contractor or any other person
or entity. Such a stoppage of Work shall not extend the Expected Date of Final
Completion of the Work.
(ii) City's Right to Carry Out the Work. If the Contractor defaults or neglects to
carry out the Work in accordance with the Contract Documents and fails within a
seven (7) calendar day period after receipt of written notice from the City to
commence and/or continue correction of such default or neglect with diligence and
promptness, the City may, without prejudice to other remedies the City may have,
Construction Services A-•eement I Version 1.0
correct such deficiencies. In such case, an appropriate Change Order shall be issued
deducting from payments then or thereafter due the Contractor the reasonable cost of
correcting such deficiencies, including City's expenses and compensation for the
Architect/Engineer's and/or Contract Administrator's additional services (if any)
made necessary by such default, neglect or failure. If payments then or thereafter due
the Contractor are not sufficient to cover such amounts, the Contractor shall pay the
difference to the City.
B. Contractor Default. For the purposes of this Agreement, Contractor shall be in default
if any of the following occur during the Term of this Agreement: (a) a failure to fulfill
in a timely and proper manner Contractor's obligations under this Agreement; (b)
Contractor violates any of the material provisions, agreements, representations or
covenants of this Agreement or any applicable city, state, or federal laws, which do
not fall within the force majeure provisions of this Agreement; (c) the Contractor
becomes insolvent or unable to pay its debts as they mature, or makes an assignment
for the benefit of creditors, or files a bankruptcy petition under the United States
Bankruptcy Code; or (d) Contractor is the subject of a judgment or order for payment
of money, which judgment or order exceeds $100,000 and is no longer subject to
appeal or, in the opinion of the City, would be fruitless to appeal and where (i) such
judgment or order shall continue un -discharged or unpaid for a period of thirty (30)
calendar days, (ii) an insurer acceptable to the City has not acknowledged that such
judgment or order is fully covered by a relevant policy of insurance, or (iii) the City
is otherwise reasonably satisfied that such judgment or order is not likely to be
satisfied or complied with within sixty (60) calendar days of its issuance.
In the event of Contractor's default under this Agreement, the City shall send written
notice to the Contractor setting forth the specific instances of the default and providing
the Contractor with at least seven (7) calendar days to cure or otherwise remedy the
default to the reasonable satisfaction of the City. If the default is not remedied during
the stated cure period, then the City may, at its election: (a) in writing terminate the
Agreement in whole or in part; (b) cure such default itself and charge the Contractor
for the costs of curing the default against any sums due or which become due to the
Contractor under this Agreement; and/or (c) pursue any other remedy then available,
at law or in equity, to the City for such default.
Section 12. RESERVED
Section 13. Miscellaneous
A. Complete Agreement. This Agreement, including all of the Contract Documents,
constitutes the complete agreement between the Parties and supersedes any and all
other agreements, either oral or in writing, between the Parties with respect to the
subject matter of this Agreement. No other agreement, statement, or promise
relating to the subject matter of this Agreement not contained in this Agreement or
the Contract Documents shall be valid or binding. This Agreement may be
modified or amended only by a written document signed by representatives of both
Construction Services Agreement I Version 1.0
Parties with appropriate authorization.
B. Governing Law. This Agreement shall be governed by and construed in accordance
with the laws of the State of Georgia without regard to choice of law principles. If
any action at law or in equity is brought to enforce or interpret the provisions of
this Agreement, the rules, regulations, statutes and laws of the State of Georgia will
control. Any action or suit related to this Agreement shall be brought in the
Superior Court of Fulton County, Georgia or the U.S. District Court for the
Northern District of Georgia — Atlanta Division, and Contractor submits to the
jurisdiction and venue of such court.
C. Counterparts. This Agreement may be executed in any number of counterparts,
each of which shall be deemed to be an original, but all of which together shall
constitute one and the same instrument.
D. Invalidity of Provisions; Severability. Should any article(s) or section(s) of this
Agreement, or any part thereof, later be deemed illegal, invalid or unenforceable
by a court of competent jurisdiction, the offending portion of the Agreement should
be severed, and the remainder of this Agreement shall remain in full force and effect
to the extent possible as if this Agreement had been executed with the invalid
portion hereof eliminated, it being the intention of the Parties that they would have
executed the remaining portion of this Agreement without including any such part,
parts, or portions that may for any reason be hereafter declared invalid.
E. Business License. Prior to commencement of the Work to be provided hereunder,
Contractor shall apply to the City for a business license, pay the applicable business
license fee, and maintain said business license during the Term of this Agreement,
unless Contractor provides evidence that no such license is required.
F. Notices.
(1) Communications Relating to Day -to -Day Activities.
All communications relating to the day-to-day activities of the Work shall be
exchanged between Robert Buscemi for the City and Gary Frantz for
the Contractor.
(2) Oficial Notices.
All other notices, requests, demands, writings, or correspondence, as required
by this Agreement, shall be in writing and shall be deemed received, and shall
be effective, when (1) personally delivered, or (2) on the third calendar day after
the postmark date when mailed by certified mail, postage prepaid, return receipt
requested, or (3) upon actual delivery when sent via national overnight
commercial carrier to the Party at the addresses given below, or at a substitute
address previously furnished to the other Party by written notice in accordance
herewith:
Construction Services Agreement I Version 1.0
NOTICE TO CITY shall be sent to:
City of Milton
Attn: Procurement Manager
2006 Heritage Walk
Milton, Georgia 30004
NOTICE TO CONTRACTOR shall be sent to:
Prime Contractors, Inc.
3406 Florence Cir
Powder Springs, GA 30127
G. Waiver of Agreement. No failure by the City to enforce any right or power granted
under this Agreement, or to insist upon strict compliance by Contractor with this
Agreement, and no custom or practice of the City at variance with the terms and
conditions of this Agreement shall constitute a general waiver of any future breach
or default or affect the City's right to demand exact and strict compliance by
Contractor with the terms and conditions of this Agreement. Further, no express
waiver shall affect any term or condition other than the one specified in such
waiver, and that one only for the time and manner specifically stated.
H. Survival. All sections of this Agreement which by their nature should survive
termination will survive termination, including, without limitation, confidentiality
obligations, warranties, and insurance maintenance requirements.
I. Sovereign Immunity. Nothing contained in this Agreement shall be construed to
be a waiver of the City's sovereign immunity or any individual's qualified good
faith or official immunities.
J. No Personal Liability. Nothing herein shall be construed as creating any individual
or personal liability on the part of any of City's elected or appointed officials,
officers, boards, commissions, employees, representatives, consultants, servants,
agents, attorneys or volunteers. No such individual shall be personally liable to the
Contractor or any successor in interest in the event of any default or breach by the
City or for any amount which may become due to the Contractor or successor or on
any obligation under the terms of this Agreement. Likewise, Contractor's
performance of services under this Agreement shall not subject Contractor's
individual employees, officers, or directors to any personal liability, except where
Contractor is a sole proprietor. The Parties agree that their sole and exclusive
remedy, claim, demand, or suit shall be directed and/or asserted only against
Contractor or the City, respectively, and not against any elected or appointed
official, officers, boards, commissions, employees, representatives, consultants,
servants, agents, attorneys and volunteers.
K. Force Majeure. Neither the City nor Contractor shall be liable for their respective
Construction Services Agreement I Version 1.0
non -negligent or non -willful failure to perform or shall be deemed in default with
respect to the failure to perform (or cure a failure to perform) any of their respective
duties or obligations under this Agreement or for any delay in such performance
due to: (i) any cause beyond their respective reasonable control; (ii) any act of God;
(iii) any change in applicable governmental rules or regulations rendering the
performance of any portion of this Agreement legally impossible; (iv) earthquake,
fire, explosion, or flood; (v) strike or labor dispute, excluding strikes or labor
disputes by employees and/or agents of Contractor; (vi) delay or failure to act by
any governmental or military authority; or (vii) any war, hostility, embargo,
sabotage, civil disturbance, riot, insurrection, or invasion. In such event, the time
for performance shall be extended by an amount of time equal to the period of delay
caused by such acts, and all other obligations shall remain intact.
L. Headings. All headings herein are intended for convenience and ease of reference
purposes only and in no way define, limit, or describe the scope or intent thereof,
or of this Agreement, or in any way affect this Agreement.
M. No Third Party Rights. This Agreement shall be exclusively for the benefit of the
Parties and shall not provide any third parties with any remedy, claim, liability,
reimbursement, cause of action or other right.
N. Successors and Assigns. Subject to the provision of this Agreement regarding
assignment, each Party binds itself, its partners, successors, assigns, and legal
representatives to the other Party hereto, its partners, successors, assigns, and legal
representatives with respect to all covenants, agreements, and obligations contained
in the Contract Documents.
O. Agreement Construction and Interpretation. Contractor represents that it has
reviewed and become familiar with this Agreement and has notified the City of any
discrepancies, conflicts or errors in the Contract Documents. The Parties hereto
agree that, if an ambiguity or question of intent or interpretation arises, this
Agreement is to be construed as if the Parties had drafted it jointly, as opposed to
being construed against a Party because it was responsible for drafting one or more
provisions of the Agreement. In the interest of brevity, the Contract Documents
may omit modifying words such as "all" and "any" and articles such as "the" and
"an," but the fact that a modifier or an article is absent from one statement and
appears in another is not intended to affect the interpretation of either statement.
P. Material Condition. Each term of this Agreement is material, and Contractor's
breach of any term of this Agreement shall be considered a material breach of the
entire Agreement and shall be grounds for termination or exercise of any other
remedies available to the City at law or in equity.
Q. Use of Singular and Plural. Words or terms used as nouns in the Agreement shall
be inclusive of their singular and plural forms, unless the context of their usage
clearly requires contrary meaning.
Construction Services Aizi•eement I Version 1.0
IN WITNESS WHEREOF, the City and the Contractor have executed this Agreement
effective as of the Effective Date first above written.
[SIGNATURES ON FOLLOWING PAGE]
Construction Services AeTeement I Version 1.0
CONTRACTO : Pri o ors, Inc.
By:
Print Name: James Dunn, CEO
Its:
President/Vice President (Corporation)
[CORPORATE SEAL]
(required if corporation)
Attest/Witness-
Print Name: Nancy Dunn
Its: Corporate Secretary
((Assistant) Corporate Secretary if corporation)
CITY OF MILTON, GEORGIA RATIFIED BY COUNCIL
LIN
Steven Krokoff, City Manager Joe Lockwood, Mayor
Attest:
Print Name:
Its: City Clerk
Approved as to form:
City Attorney
[CITY SEAL]
Construction Services Ageernent I Version 1.0
"EXHIBIT A"
Reserved
"EXHIBIT B"
The terms of this Agreement shall supersede any conflicting terms in the attached Work Order
document and any contracts referenced therein.
Work Order Signature Document
GORDIAN
Inc
Sourcewell EZIQC Contract No.: GA02-1-072115-PCI
New Work Order ❑ Modify an Existing Work Order
Work Order Number: 0800360 Work Order Date: 06/02!2020
Work Order Title: City of Milton - FS #43 Remodel
Owner Name: City of Milton Contractor Name: Prime Contractors, Inc.
Contact: Robert Buscemi Contact: Gary Frantz
Phone: 678-242-2607 Phone: 813-205-9762
Work to be Performed
Work to be performed as per the Final Detailed Scope of Work Attached and as per the terms and conditions of
Sourcewell EZIQC Contract No GA02-1-072115-PCI.
Brief Work Order Description:
Time of Performance See Schedule Section of the Detailed Scope of Work
Liquidated Damages Will apply: 11 Will not apply:
Work Order Firm Fixed Price: $12,993.31
Owner Purchase Order Number:
Approvals
Owner
Date
1 2020
Contract James Dunn, CEO Date
Work Order Signature Document Page 1 of 1
City of Milton 612r2=
Sou I"cewel 171
Detailed Scope of Work
SOPMAN
mIC.IC---
To: Gary Frantz
From: Robert Buscemi
Prime Contractors, Inc.
City of Milton
3406 Florence Circle
2006 Heritage Walk
Powder Springs, GA 30127
Milton, GA 30004
813-205-9762
678-242-2607
Date Printed: June 02, 2020
Work Order Number: 080036 AO
Work Order Title: City of Milton - FS #43 Remodel
Brief Scope:
F]Preliminary FIRevised ❑X Final
The following items detail the scope of work as discussed at the site. All requirements necessary to accomplish the items
set forth below shall be considered part of this scope of work.
Please see attached Detailed Scope of Work (DSOW).
4��. ZAKIC-
10/09/2020
Contractor James Dunn, C O Date
Owner Date
Scope of Work Page 1 of 1
City of Milton 612/2=
Contractor's Price Proposal - Summary
Date: June 02, 2020
IQC Master Contract #: GA02-1-072115-PCI
Work Order Number: 0800360
Owner PO #:
Work Order Title: City of Milton - FS #43 Remodel
Contractor: Prime Contractors, Inc.
Proposal Name: City of Milton - FS #43 Remodel
Proposal Value: $12,993.31
Base
$913.76
Demo/Frame/Drywall
$4,163.77
Doors
$3,193.50
Electric
$1,655.74
Flooring
$43.44
No Category Input
$0.00
Paint
$3,023.10
Proposal Total
$12,993.31
This total represents the correct total for the proposal. Any discrepancy between line totals,
sub -totals and the proposal total is due to rounding.
The Percentage of NPP on this Proposal: %
Contractor's Price Proposal - Summary Page 1 of 1
City of Milton 62202o
Contractor's Price Proposal - Detail
Date:
June 02, 2020
IQC Master Contract #:
GA02-1-072115-PCI
Work Order Number:
080036 AO
Owner PO #:
Work Order Title:
City of Milton - FS #43 Remodel
Contractor:
Prime Contractors, Inc.
Proposal Name:
City of Milton - FS #43 Remodel
Proposal Value:
$12,993.31
Sect Item
Modifer UOM Description
Line Total
Labor Equip. Material
(Excluded if marked with an X
Base
1 01 74 19 00 0015
EA 30 CY Dumpster (35 Ton) "Construction Debris"Includes delivery of dumpster,
$474 A5
rental cost, pick-up cost, hauling, and disposal fee. Non -hazardous material.
Quantity Unit Price Factor
Total
Installation 1D0 x 41898 x 1.1324 —
474 A5
2 02 90 50 000184
DAY PPE (Personal Protective Equipment) Mold Remediation Related
$439,31
Quantity Unit Price Factor
Total
Installation 500 x 7759 x 1.1324 =
439.31
This is not a mold remediation project. This line item is being used to off -set costs of additional safety
precautions associated with COVID-19".
Subtotal for Base
$913.76
Demo/Frame/Drywall
3 01 56 16 DO 0002
SF 6 Mil, Plastic Sheeting, Applied To Floors
$131.64
Quantity Unit Price Factor
Total
Installation 775DO x 015 x 11324 =
131.64
4 01 56 16 00 DOD3
SF 6 Mil, Plastic Sheeting, Applied To Walls
$120.06
Quantity Unit Price Factor
Total
Installation 558DD X 0.19 x 1.1324 —
120.06
5 09 01 20 9100136
SF >16 To 32 SF, Cut And Patch Hole In Gypsum Board To Match ExistingPer
$1,DOB D5
location. See CSI section 09 29 10 00-0001 for "Gypsum Board" repairs > 32
SF.
Quantity Unit Price Factor
Total
Installation 189DO X 4.71 x 1.1324 —
1,008.05
7 spots x 3 If x 9 Lf
6 09 22 16 13 0010
SF 3-5/8" Width, 16" On Center, 20 Gauge, Non Load Bearing, Non Structural
$77123
Metal Stud Framing With Tracks And Runners
Quantity Unit Price Factor
Total
Installation 316 DO X 2111 x 1.1324 —
71926
Demolition 135DO x 0.34 x 1.1324 =
51.98
7 09 22 16 130010
0001 MOD For Powder -Actuated Fasteners Every 2', Add
$10.74
Quantity Unit Price Factor
Total
Installation 316DO X 0113 x 1.1324 =
10.74
8 09 22 16 130030
LF 10" Wide, 25 Gauge Galvanized Steel Backing Plate
$38728
Quantity Unit Price Factor
Total
Installation 200DO x 171 x 11324 =
38728
Bracing for walls due to not tying to ceiling
Contractor's Price Proposal - Detail Page 1 of 5
City of Milton 6212020
Contractor's Price Proposal - Detail Continues..
Work Order Number:
080036 DO
Work Order Title:
City of Milton - FS #43 Remodel
Proposal Name:
City of Milton - FS #43 Remodel
Proposal Value:
$12,993.31
Sect Item
Modifer UOM Description
Line Total
Labor Equip. Material
(Excluded if marked with an X
Demo/Frame/Drywall
9 09 29 10 000006
SF 518" Gypsum Board
$733.82
Quantity Unit Price
Factor
Total
Installation 632.00 x 0.91 x
1.1324 -
65127
Demolition 270DO x 027 x
1.1324 =
82.55
10 09 29 10 DO 0049
SF Up To 10' High, Walls, Tape, Spackle And Finish Gypsum Board
$264.80
Quantity Unit Price
Factor
Total
Installation 632DO x 0.37 x
1.1324 -
264.80
11 09 29 10 000055
LF Up To 10' High, Vertical Corners, Tape, Spackle And Finish Gypsum Board
$82.62
Quantity Unit Price
Factor
Total
Installation 96DO x 076 x
11324 =
82.62
12 09 29 10 M 0058
LF Up To 10' High, Horizontal Comers, Tape, Spackle And Finish Gypsum Board
$76.84
Quantity Unit Price
Factor
Total
Installation 78DO x 0.87 x
11324 -
76.84
Top of 8 LF walls
13 09 29 10 M M61
LF Casing, Galvanized Steel J -Bead For Gypsum Board
$16429
Quantity Unit Price
Factor
Total
Installation 78 D0 x 1,86 x
11324 =
16429
Top of 8 LF walls
14 09 29 10 DO 0061
0013 MOD For Up To 100, Add
$14.13
Quantity Unit Price
Factor
Total
Installation 78 DO x 0.16 x
1.1324 -
14.13
15 09 29 10 00 0062
LF Comer Bead, Galvanized Steel For Gypsum Board
$141.87
Quantity Unit Price
Factor
Total
Installation 72.00 x 1,74 x
1.1324 -
141.87
16 09 29 10 DOOD62
0013 MOD For Up To 100, Add
$10.60
Quantity Unit Price
Factor
Total
Installation 72DO x 0.13 x
1,1324 =
10.60
17 09 81 16 W W15
SF 3-1/2" Thick, Unfaced Sound Attenuation Batt
$24580
Quantity Unit Price
Factor
Total
Installation 316DO x 0.61 x
1.1324 -
21828
Demolition 135DO x 0.18 x
1.1324 =
2752
Subtotal for Demo/Frame/Drywall
$4,163.77
Doors
18 08 12 13 13 0008
EA 3'x 6-8" Through 7'-2" High, 4-3/4" Deep, 16 Gauge, Knock Down Hollow
$951 A9
Metal Door Frame
Quantity Unit Price
Factor
Total
Installation 3110 x 280.08 x1.1324
=
951 A9
19 08 12 13 13 0008
0069 MOD For Auxiliary Frame Reinforcement For Hinges, Add
$95.39
Quantity Unit Price
Factor
Total
Installation 3110 x 28D8 x1.1324
=
95.39
Contractor's Price Proposal - Detail
Page 2 of 5
City of Milton
6¢/2020
Contractor's Price Proposal - Detail Continues..
Work Order Number:
080036 DO
$92680
Communications Cable, Installed In Conduit
Work Order Title:
City of Milton - FS #43 Remodel
Total
Installation ODD x 1620,71 x 1.1324 =
Proposal Name:
City of Milton - FS #43 Remodel
Demolition 2.00 x 40922 x 1.1324 =
92680
Proposal Value:
$12,993.31
$1 A2
Quantity Unit Price Factor
Total
Sect. Item
Modifer UOM Description
ODD
Line Total
Labor Equip. Material
(Excluded if marked with an X
Contractor's Price Proposal - Detail
Page 3 of 5
Doors
6/2/2020
20 08 12 13 13 0008
D075 MOD For Galvanized Frames, Add
$76.30
Quantity Unit Price
Factor
Total
Installation 3.00 x 22A6 x
1.1324 =
76.30
21 08 14 16 00 0457
EA 3'-0" x Tx 1-3/4" Thick, 5 Ply, Particleboard Core (PC), Birch
Faced Wood
$875.56
Door
Quantity Unit Price
Factor
Total
Installation 3DO x 25773 x
1.1324 =
87556
22 08 71 11 000010
PR 4-1/2'x 4-1/2' Standard Duty, Full Mortise, Ball Bearing, Brass/Bronze, Satin
$33021
Chrome Finish Hinge
Quantity Unit Price
Factor
Total
Installation 4.50 x 64.80 x
1,1324 =
33021
23 08 71 11 002277
EA Entrance/Office F82 Bored LocksetLocked with key outside and push button
$680.15
inside.
Quantity Unit Price
Factor
Total
Installation 3.00 x 20021 x
1.1324 =
680.15
24 08 71 11 00 2277
0284 MOD For Satin Stainless Steel US32D (BHMA 630) Finish, Add
$184,40
Quantity Unit Price
Factor
Total
Installation 3DO x 5428 x
11324 =
184AD
Subtotal for Doors
$3,193.50
Electric
25 26 05 19 16 0015
MLF #10 AWG Cable - Type THHN-THWN, 600 Volt Copper, Single Solid, Placed In
$360.69
Conduit
Quantity Unit Price
Factor
Total
Installation ODO x 487.08 x—
1.1324
ODD
Demolition 2.00 x 15926 x
1.1324
360.69
26 26 05 33 13 0602
LF 1" Electrical Metallic Tubing (EMT) Conduit
$226,48
Quantity Unit Price
Factor
Total
Installation 0.00 x 3.69 x
1.1324 =
ODD
Demolition 2DODO x 1 DO x
1.1324
226A8
27 26 27 26 DO 0007
E4 2 Gang, 20 Amp, NEMA 5-20, Duplex Receptacle Assembly
$114.15
Quantity Unit Price
Factor
Total
Installation ODD x 8829 x
1,1324 =
ODD
Demolition 400 x 2520 x
1.1324 =
114.15
(2) 2 gang
28 27 14 13 160015 MLF 2 Pair #14 AWG, Solid, Shielded, Non -Plenum Rated, Low Voltage, Alarm And
$92680
Communications Cable, Installed In Conduit
Quantity Unit Price Factor
Total
Installation ODD x 1620,71 x 1.1324 =
ODO
Demolition 2.00 x 40922 x 1.1324 =
92680
29 27 14 43 00 0025 EA Two Port, Single Gang, Stainless Steel Communications Faceplate
$1 A2
Quantity Unit Price Factor
Total
Installation ODD x 1028 x 11324 =
ODD
Demolition 1 DO x 125 x 1.1324 =
1 A2
Contractor's Price Proposal - Detail
Page 3 of 5
City of Milton
6/2/2020
Contractor's Price Proposal - Detail Continues..
Work Order Number:
080036.00
Work Order Title:
City of Milton - FS #43 Remodel
Proposal Name:
City of Milton - FS #43 Remodel
Proposal Value:
$12,99321
Sect Item
Modifer UOM Description
Line Total
Labor Equip. Material
(Excluded if marked with an X
Electric
30 27 32 19 00 0034
EA RJ -11 Telephone Receptacle, Concealed Devices - Complete
$26,20
Quantity
Unit Price
Factor
Total
Installation ODD x
27.96 x
1.1324 -
ODD
Demolition 2.00 x
11.57 x
1.1324 =
2620
Subtotal for Electric
$1,655.74
Flooring
31 09 68 13 00 DD09
SY 30 Ounce, Non Patterned, Nylon Carpet Tile
$43A4
Quantity
Unit Price
Factor
Total
X
Installation 4DO x
6.81 x
11324 =
30.85
X
Demolition 4.00 x
2.78 x
1.1324 =
12.59
Subtotal for Flooring
$43.44
No Category Input
32 02 90 50 DO 0367
BOX Dust Mask
$ODD
Quantity
Unit Price
Factor
Total
Installation ODD x
35.13 x
1.1324 =
ODD
33 02 90 50 000369
BOX Gloves - Latex
$OPD
Quantity
Unit Price
Factor
Total
Installation 0.00 x
16.35 x
1.1324 =
Ono
34 02 90 50 000374
PR Safety Glasses
$DDO
Quantity
Unit Price
Factor
Total
Installation Ono x
419 x
11324
ODD
Subtotal for No Category Input
$0.00
Paint
35 09 91 23 M OD62
SF Paint Interior Plaster/Drywall Walls,
1 Coat Primer, Brush/Roller
Work
$804.90
Quantity
Unit Price
Factor
Total
Installation 1,653DO x
OA3 x
1.1324 -
804.90
(42x8x 2 sides) + (109 x9 1 side)
36 09 91 23 DO 0064
SF Paint Interior Plaster/Drywall Walls, 2 Coats Paint, Brush/Roller
Work
$1,591 D8
Quantity
Unit Price
Factor
Total
Installation 1,653DO x
0.85 x
1.1324 =
1,591 D8
(42x8x 2 sides) + (109 x9 1 side)
37 09 91 23 DO 0239
LF Paint Interior Metal Door Frame And Trim, 1 Coat Primer, Brush/Roller Work
$38.52
Quantity
Unit Price
Factor
Total
Installation 54 DO x
0.63 x
1,1324 -
3852
38 09 91 23 DO 0241
LF Paint Interior Metal Door Frame And Trim, 2 Coats Paint, Brush/Roller Work
$85.61
Quantity
Unit Price
Factor
Total
Installation 54DO x
1AO x
1.1324 =
85.61
Contractor's Price Proposal - Detail Page 4 of 5
City of Milton 6r2r2D2o
Contractor's Price Proposal - Detail Continues..
Work Order Number: 080036.00
Work Order Title: City of Milton - FS #43 Remodel
Proposal Name: City of Milton - FS #43 Remodel
Proposal Value: $12,993.31
Sect Item Modifer UOM Description Line Total
Labor Equip. Material (Excluded if marked with an X
Paint
39 09 91 23 000259 E4 Paint Interior Wood Door, Both Faces, 1 Coat Primer, Brush/Roller Work $180.09
Quantity Unit Price Factor Total
Installation 3,00 x 53.01 x 1.1324 = 180139
40 09 91 23 00 0261 EA Paint Interior Wood Door, Both Faces, 2 Coats Paint, Brush/Roller Work $322.90
Quantity Unit Price Factor Total
Installation 3,00 x 95.05 x 11324 = 322.90
Subtotal for Paint $3,023.10
Proposal Total $12,993.31
This total represents the correct total for the proposal. Any discrepancy between line totals,
sub -totals and the proposal total is due to rounding.
The Percentage of NPP on this Proposal: %
Subcontractor Listing Page 5 of 5
City of Milton 6/212420
Sou rcewell 17F��
Client - City of Milton
Detailed Scope of Work
Print Date: June 02, 2020
Work Order Number: 080036.00
Work Order Title: City of Milton - FS #43 Remodel
Contractor: GA02-1-072115-PCI - Prime Contractors, Inc.
Brief Scope:
To: Gary Frantz
Prime Contractors, Inc.
3406 Florence Circle
Powder Springs, GA 30127
813-205-9762
GORDIAN
mIoC
From: Robert Buscemi
City of Milton
2006 Heritage Walk
Milton, GA 30004
678-242-2607
The following items detail the scope of work as discussed at the site. All requirements necessary to accomplish the items
set forth below shall be considered part of this scope of work.
Detailed Scope:
Please see attached Detailed Scope of Work (DSOW).
Owner
4-9
Contractor Ames Dunn, CE
Date
10/09/2020
Date
Detailed Scope of Work Page 1 of 1
City of Milton 6/2/2020
City of Milton = FS #43 Remodel
750 Hickory Flat Rd
Milton, GA 30004
Scope of Work
Summary Scope (June 1, 2020
This work order consists of; Demo/Frame/Drywall, Doors, Paint, Electric, and Flooring per
detailed Scope of Work below
1. Drawings and Specifications
Referenced and attached hereto;
1.1 Specifications created from site walk dated 5/22/20.
2. Detailed Scope of Work
The Contractor shall perform all work as described below per any and all attached specifications
and drawings:
2.1 Demo/Frame/Drywall
- Demo existing 15 LF partition wall and dispose of in dumpster provided
- Labor and material to frame 39 LF of new metal stud wall at 8 LF tall
- Labor and material to drywall both sides of 39 LF of wall at 8 LF tall
- Labor and material to finish new drywall and existing connecting walls
- Bracing of walls is included as needed
2.2 Doors
- Furnish and install (3) 3-0 x 7-0 metal door frames
- Furnish and install (3) 3-0 x 7-0 Birch wood doors
- Furnish and install (3) Office Entry locksets per existing
2.3 Paint
- Prime and Paint 2 coats to all new gypsum walls and existing connected walls
corner to corner to match paint
- Prime and paint (3) new doors and frames only
2.4 Electric
- Remove and safe off (2) quad outlets and (1) dual data outlet
1
City of Milton = FS #43 Remodel
750 Hickory Flat Rd
Milton, GA 30004
2.5 Flooring
- Remove existing carpet tile onsite and install 15 LF x 2 LF area where wall
was demoed
3. Details that Apply to All Work Areas
3.1 Contractor shall utilize the latest issue of the NJPA Specifications for all work.
3.2 Contractor and all of their subcontractors on site will adhere to the security
requirements of the campus including background checks and orientation classes
3.3 Contractor and subcontractors will at all times wear shirts identifying the company
they are employed with, accompanied by a _ badge
3.4 Contractor shall perform work, schedule deliveries and have access to areas of
work during and after normal business hours as agreed upon and coordinated
with Owners contact for this project:
3.5 Contractor shall work with administrators to coordinate around scheduling conflicts
with the occupation in the building
3.6 Contractor shall be responsible for all safety code compliance pertaining to their
portion of work
3.7 Contractor shall maintain clean work areas at all times, remove and dispose of all
demolished materials and construction debris, rubbish, and waste material from
the property of the Owner on a daily basis unless noted otherwise
3.8 No tobacco or alcohol will be permitted on the property of the Owner or in the
vehicles of the contractor or their subcontractors
3.9 No radios are permitted
3.10 All measurements and quantities supplied in this scope of work are approximate
in nature and are supplied as a convenience for the contractor. The contractor is
responsible for field verification of all measurements and quantities.
3.11 Contractor shall verify all new and existing conditions and dimensions at job site.
3.12 Parking and staging areas will be made available for the Contractor by the Owner
and will be coordinated with the Owner prior to beginning work.
3.13 Contractor is responsible for protection of all surfaces including those not in the
scope of work from construction dust, debris or damage during construction up
until final acceptance. The methods of protection including plastic, paper, sealing
doors or windows, etc.
3.14 Contractor shall install and maintain 48" orange safety fencing around all staging
areas or temporary facilities
3.15 Contractor shall not be required to pay Davis Bacon wage rates
City of Milton = FS #43 Remodel
750 Hickory Flat Rd
Milton, GA 30004
4. Warranty
4.1 Provide all extended manufacturers warranties to the owner prior to project
closeout.
4.2 Provide all documents necessary, addressed to _ for appropriate energy rebate
when applicable
5. Permitting:
5.1 At the time of issuance of a Purchase Order for this work, it is understood that
permits are not required. If this changes, the Contractor will be responsible for
obtaining such applicable permits and the Owner will be responsible for
compensating the Contractor for permit fees and any design necessary to obtain
such permits or related approvals as described in the EZIQC master contract
documents (i.e. permit fees are dollar for dollar reimbursable and professional
design and engineering fees are paid for at hourly rates published in the
Construction Task Catalog). At such time of requirement, a scope of work will be
agreed upon and approved by all parties before start of additional work.
6. Submittals
6.1 The Contractor shall submit for approval the manufacturer's cut sheets for
materials and equipment utilized for this project prior to commencing any work.
6.2 All finishes and other standard submittals are to be provided to the Owner prior to
installation by the contractor.
7. Project Schedule
7.1 Majority of work shall be completed during normal working hours 8:00 am — 5:00
pm Monday thru Friday. After hours and weekends when needed will be
coordinated with the Owner at no additional cost. Total project duration is
expected to be 1 weeks upon receipt of purchase order and delivery of doors to
site. Job will not start until doors are delivered
8. Clarifications
8.1 The following items are specifically excluded by Contractor and are not part of this
agreement. If at any time during work a hazardous material or unknown condition
is uncovered, work will cease until the appropriate scope of work is agreed upon
and executed as a supplemental work order package or remedied by the Owner:
8.1.1 Any item not included in the specifications or contract.
8.1.2 Permitting and any associated fees
8.1.3 Hazardous materials not in this scope of work
9. Owner Responsibilities
3
City of Milton = FS #43 Remodel
750 Hickory Flat Rd
Milton, GA 30004
9.1 Coordinate any State/Local Fire Marshal approvals as necessary.
9.2 Provide access to the worksite during scheduled working hours.
9.3 Provide a staging area for project related materials.
9.4 Owner shall be responsible for re-routing employee and student traffic as
necessary
4
"EXHIBIT C"
See Exhibits B
"EXHIBIT D"
Reserved
- - �-- "EXAIBITE"----- .--- -- - ---- - - - — ----- - ..
Reserved
"EXIIIBIT F"
FINAL AFFIDAVIT
STATE OF _
COUNTY OF
TO CITY OF MILTON, GEORGIA
I, , hereby certify that all suppliers of materials, equipment
and service, subcontractors, mechanics, and laborers employed by or
any of its subcontractors in connection with the construction of
for City of Milton, Georgia have been paid and satisfied in full as of , 20 ,
and that there are no outstanding obligations or claims of any kind for the payment of which City
of Milton, Georgia on the above named project might be liable, or subject to, in any lawful
proceeding at law or in equity.
Signature
Title
Personally appeared before me this day of , 20 ,
who under oath deposes and says that he is of the firm of
, that he has read the above statement, and that to the
best of his knowledge and belief same is an exact true statement.
Notary Public
[NOTARY SEAL]
My Commission Expires
"EXHIBIT G.1"
STATE OF
COUNTY OF
CONTRACTOR AFFIDAVIT AND AGREEMENT
By executing this affidavit, the undersigned contractor verifies its compliance with O.C.G.A. § 13-10-91,
stating affirmatively that the individual, firm, or corporation which is engaged in the physical performance
of services on behalf of the City of Milton has registered with, is authorized to use, and uses the federal
work authorization program commonly known as E -Verify, or any subsequent replacement program, in
accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91.
Furthermore, the undersigned contractor will continue to use the federal work authorization program
throughout the contract period, and the undersigned contractor will contract for the physical performance
of services in satisfaction of such contract only with subcontractors who present an affidavit to the
contractor with the information required by O.C.G.A. § 13-10-91(b).
Contractor hereby attests that its federal work authorization user identification number and date of
authorization are as follows:
50880
Federal Work Authorization User Identification
Number
08/20/2007
Date of Authorization
Prime Contractors, Inc.
Name of Contractor
Interior Remodeling of Milton Fire Station 43
Name of Project
City of Milton Georgia
Name of Public Employer
\),p,HEND
F9,'�
l'�FAUBoGoN..MBER
���
'jam A/1 • \\
I hereby declare under penalty of perjury that the
foregoing is true and correct.
Executed on October 9 , 20 20 in Powder Springs
(city), GA (statq, -�
Signature I Authorized Officer or Agent
James Dunn, CEO
Printed Name and Title of Authorized Officer or
Agent
SUBSCRIBED AND SWORN BEFORE
ME ON THIS THE 9th DAY OF
October , 20 20 .
Notary Public
[NOTARY SEAL]
My Commission Expires:
12/01/2023
"EXHIBIT G.2"
SUBCONTRACTOR AFFIDAVIT
STATE OF _
COUNTY OF
By executing this affidavit, the undersigned subcontractor verifies its compliance with O.C.G.A. § 13-10-
91, stating affirmatively that the individual, firm or corporation which is engaged in the physical
performance of services under a contract with Prime Contractors, Inc. on behalf of the City of Milton has
registered with, is authorized to use, and uses the federal work authorization program commonly known as
E -Verify, or any subsequent replacement program, in accordance with the applicable provisions and
deadlines established in O.C.G.A. § 13-10-91. Furthermore, the undersigned subcontractor will continue
to use the federal work authorization program throughout the contract period, and the undersigned
subcontractor will contract for the physical performance of services in satisfaction of such contract only
with sub -subcontractors who present an affidavit to the subcontractor with the information required by
O.C.G.A. § 13-10-91(b). Additionally, the undersigned subcontractor will forward notice of the receipt of
an affidavit from a sub -subcontractor to the contractor within five (5) business days of receipt. If the
undersigned subcontractor receives notice that a sub -subcontractor has received an affidavit from any other
contracted sub -subcontractor, the undersigned subcontractor must forward, within five (5) business days of
receipt, a copy of the notice to the contractor.
Subcontractor hereby attests that its federal work authorization user identification number and date of
authorization are as follows:
I hereby declare under penalty of perjury that the
Federal Work Authorization User Identification foregoing is true and correct.
Number
Date of Authorization
Name of Subcontractor
Interior Remodeling of Milton Fire Station
43Name of Project
City of Milton. Georgia
Name of Public Employer
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
1201.
NOTARY PUBLIC
[NOTARY SEAL]
My Commission Expires:
"EXHIBIT H"
Reserved
"EXHIBIT I"
ADDITIONAL PAYMENT TERMS
A. Defined Terms. Terms used in this Agreement shall have their ordinary meaning,
unless otherwise defined below or elsewhere in the Contract Documents.
(i) "Final Completion" means when the Work has been completed in
accordance with terms and conditions of the Contract Documents.
B. Payment for Work Completed and Costs Incurred. City agrees to pay the
Contractor for the Work performed and costs incurred by Contractor upon
certification by the Contract Administrator and the City that the Work was actually
performed and costs actually incurred in accordance with this Agreement.
Compensation for Work performed and reimbursement for costs incurred shall be
paid to the Contractor upon receipt and approval by the City of invoices setting
forth in detail the Work performed and costs incurred, along with all supporting
documents required by the Contract Documents or requested by the City to process
the invoice. Invoices shall be submitted on a monthly basis, and such invoices shall
reflect costs incurred versus costs budgeted. Each invoice shall be accompanied by
an Interim Waiver and Release upon Payment (or a Waiver and Release upon Final
Payment in the case of the invoice for final payment) procured by the Contractor
from all subcontractors in accordance with O.C.G.A. § 44-14-366.
The City shall pay the Contractor within thirty (30) calendar days after approval of
the invoice by City staff, less any retainage as described in Section D below. No
payments will be made for unauthorized work. Payment will be sent to the
designated address by U. S. Mail only; payment will not be hand -delivered, though
the Contractor may arrange to pick up payments directly from the City or may make
written requests for the City to deliver payments to the Contractor by Federal
Express delivery at the Contractor's expense.
C. Evaluation of Payment Requests. The Contract Administrator will evaluate the
Contractor's applications for payment and will either issue to the City a Certificate
for Payment (with a copy of the Contractor's application for payment) for such
amount as the Contract Administrator determines is properly due, or notify the
Contractor and City in writing of the Contract Administrator's reasons for
withholding certification in whole or in part. The Contract Administrator may
reject Work that does not conform to the Contract Documents and may withhold a
Certificate of Payment in whole or in part, to the extent reasonably necessary to
protect the City. When the reasons for withholding certification are removed,
certification will be made for amounts previously withheld.
Even following a Certificate of Payment, the City shall have the right to refuse
payment of any invoice or part thereof that is not properly supported, or where
requests for payment for Work or costs are in excess of the actual Work performed
or costs incurred, or where the Work product provided is unacceptable or not in
conformity with the Contract Documents, as determined by the City in its sole
discretion. The City shall pay each such invoice or portion thereof as approved,
provided that neither the approval or payment of any such invoice, nor partial or
entire use or occupancy of the Project by the City, shall be considered to be
evidence of performance by the Contractor to the point indicated by such invoice,
or of receipt or acceptance by the City of Work covered by such invoice, where
such work is not in accordance with the Contract Documents.
D. Final Payment and Retainage. The Contractor through each invoice (except the
final invoice) may request payment for no more than ninety percent (90%) of that
portion of the Work completed during the tern covered by each invoice as agreed
upon by the Contract Administrator or the City. All amounts retained by the City
shall be held as a lump sum until Final Completion of all Work, regardless of earlier
completion of individual component(s) of the Work. The final payment issued by
the City shall include all amounts retained by the City under this paragraph, subject
to any deviations in the Work or Change Orders executed pursuant this Agreement.
CITY COUNCIL AGENDA ITEM
TO: City Council DATE: October 13, 2020
FROM: Steven Krokoff, City Manager
AGENDA ITEM: Approval of a Change Order # 2 Agreement between the City
of Milton and AppZoro Technologies, Inc. to Finish the Ongoing
Design and Development of the Smart Phone Application for
the City’s Smart Communities Grant Project – Walking School
Bus
MEETING DATE: Monday, October 19, 2020 City Council Meeting
BACKGROUND INFORMATION: (Attach additional pages if necessary)
See attached memorandum
APPROVAL BY CITY MANAGER: ___ APPROVED ___ NOT APPROVED
CITY ATTORNEY APPROVAL REQUIRED: ___ YES ___ NO
CITY ATTORNEY REVIEW REQUIRED: ___ YES ___ NO
APPROVAL BY CITY ATTORNEY ___ APPROVED ___ NOT APPROVED
PLACED ON AGENDA FOR: __________
X
October 19, 2020
X
X
X
To: Honorable Mayor and City Council Members
From: Robert Buscemi, City Architect
Date: Submitted October 13, 2020 for the October 19, 2020 Regular City
Council Meeting
Agenda Item: Approval of a Change Order # 2 Agreement between the City of
Milton and AppZoro Technologies, Inc. to Finish the Ongoing Design
and Development of the Smart Phone Application for the City’s
Smart Communities Grant Project – Walking School Bus
_____________________________________________________________________________________
Department Recommendation: Approval
Executive Summary:
In Spring of 2019, the City of Milton was selected as one of only four communities in
Georgia to participate in the GA Smart Communities Challenge program (GA Smart)
class of 2019. A $50,000 grant from GaTech via the Atlanta Regional Commission was
awarded to the City of Milton in support of this project.
Milton’s GA Smart challenge is to build an App for smart phones that would encourage
more kids to walk to school by giving parents the ability to coordinate and schedule
groups of kids from nearby neighborhoods to form a walking school bus with a parent
volunteer as the lead/chaperone. The App will also seek to assist in incentivizing more
walk trips by providing walk trip data or step counts for rewards.
The wider application of this project is to allev iate some of the non-essential car trips to
the school which lessens the traffic build up and carbon emissions on Birmingham
Highway. Walking to school also promotes physical activity and social interaction with
other neighborhood kids and parents. As we encourage kids and parents to walk and
use the Milton sidewalk and trail system leads to a vibrant walkable community.
The City hired AppZoro Technologies and a Professional Service Agreement was
approved dated March 16, 2020. The contractor and the staff have been working to
finish developing the app and release if for use. There has been a little delay in
development because of expanded testing of the app. Therefore, the City and
Consultant are willing to extend the contract to complete all the tasks. The parties
therefore desire to issue a second change order pursuant to Section II of the Agreement,
it being to the mutual benefit of all parties to do so. The new deadline as per Change
Order # 2 will be November 30, 2020.
Funding and Fiscal Impact:
The maximum contract price is $43,400.00; The total price for building the App will be
invoiced to the grant fund and refunded at 80% per the grant agreement. No change
of price is suggested in Change Order #2.
Procurement Summary:
Purchasing method used: Contract Addendum
Requisition Total: N/A (No change to original contract amount)
Financial Review: Bernadette Harvill, October 12, 2020
Legal Review: Sam VanVolkenburgh, Jarrard & Davis, October 9, 20202
Concurrent Review: Steve Krokoff, City Manager
Attachment: Change Order # 2
J Ul
TON It
I � 11N11�I1111 :UIM
CHANGE ORDER #2
FOR PROFESSIONAL SERVICES AGREEMENT
SMARTPHONE APPLICATION DEVELOPMENT - WALKING SCHOOL BUS
WHEREAS, the City and AppZoro Technologies, Inc., ("Consultant") have entered into a
Professional Service Agreement dated March 16, 2020, (the "Agreement"); and
WHEREAS, the parties desire to issue a change order to extend the deadline for certain services
pursuant to Section II of the Agreement, it being to the mutual benefit of all parties to do so.
NOW THEREFORE, the parties hereto agree to amend the Agreement as follows:
Section I (D) of the Agreement is amended to extend the deadline for completion of Tasks
1 & 2, as well as those portions of Task 3 that relate to development of the smartphone
application, to November 30, 2020. Support for the City after delivery of the application
shall begin December 1, 2020 and continue for one year thereafter.
2. 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.
IN WITNESS WHEREOF, the parties hereto have caused this Change Order to be duly executed
by their duly authorized offices as of the day and year set forth next to each signature.
City of Milton Consultant: AppZor Te n logies, Inc.
Mayor Signature:
Printed N me:
Date ��
Title:
Date: to
Attest:
City Clerk
City Attorney Approval as to Form
[City Seal]
CITY COUNCIL AGENDA ITEM
TO: City Council DATE: October 14, 2020
FROM: Steven Krokoff, City Manager
AGENDA ITEM: Approval to Amend the Agreement between the City of Milton
and Voya Retirement Insurance and Annuity Company to
Allow a Single General-Purpose Loan from the Employee’s
401(a) Account
MEETING DATE: Monday, October 19, 2020 City Council Meeting
BACKGROUND INFORMATION: (Attach additional pages if necessary)
See attached memorandum
APPROVAL BY CITY MANAGER: ___ APPROVED ___ NOT APPROVED
CITY ATTORNEY APPROVAL REQUIRED: ___ YES ___ NO
CITY ATTORNEY REVIEW REQUIRED: ___ YES ___ NO
APPROVAL BY CITY ATTORNEY ___ APPROVED ___ NOT APPROVED
PLACED ON AGENDA FOR: __________
October 19, 2020
X
X
X
X
To: Honorable Mayor and City Council Members
From: Sam Trager, Director of Human Resources
Date: Submitted on October 13, 2020 for Consideration on October 19,
2020.
Agenda Item: Approval to Amend the Agreement between the City of Milton
and Voya Retirement Insurance and Annuity Company to Allow a
Single General-Purpose Loan from the Employee’s 401(a) Account
_____________________________________________________________________________________
Department Recommendation: Allow the Mayor to write a letter to Voya to proposing
to amend the Voya Retirement Insurance and Annuity Company Plan Services
Agreement. This change would delete section 5.0(b) of a prior amendment, which
section limits Voya’s authorization to permit emergency withdrawals and loans to
certain specific situations. The change would allow employees to take one general
purpose loan from the employee’s 401(a) account with Voya. The change is permitted
for only one year, or for less time if the Mayor acts sooner to reinstate section 5.0(b).
Executive Summary: Currently, our 457 plan allows for a general-purpose loan from the
457 plan. Employees who are under our (401) defined benefit pension plan may not
have funds available in their 457 to receive a loan. This change would allow access to
loans for our longer-term employees, who would be able to borrow from their 401 plans.
Some employees and their families have been adversely affected by COVID and may
have an immediate need that does not otherwise qualify.
Funding and Fiscal Impact: $0
Alternatives: Other Council directed action.
Legal Review: Sam VanVolkenburgh, Jarrard and Davis (October, 2020)
Concurrent Review:
Steve Krokoff, City Manager
Attachment(s): Amendment to the Voya Retirement Insurance and Annuity Company
Plan Services Agreement
Mayor’s Letter
October 19, 2020
Devon Briggs
Plan Manager
Voya Financial®
One Orange Way C3S118
Windsor, CT 06095
Dear Ms. Briggs,
Please accept this letter as a proposed amendment to the City of Milton’s Voya Retirement
Insurance and Annuity Company Plan Services Agreement .
Previously, the City and Voya executed an Amendment to the Voya Retirement Insurance
and Annuity Company Plan Services Agreement (the “Amendment”) (attached hereto).
This letter proposes to temporarily suspend section 5.0(b) of the Amendment. Section 5.0(b)
shall automatically be reinstated at 12:01am on October 18, 2021, unless sooner reinstated
by further notice signed by the Mayor of the City of Milton. This change is to allow general-
purpose loans from employees from their 401(a) account.
If Voya agrees, please have this letter countersigned by an authorized representative of
Voya. If you have any questions, please refer them to the City’s Director of Human
Resources, Sam Trager.
Sincerely,
Joe Lockwood, Mayor
Voya Plan Trustee
Acknowledged and Agreed to by Voya:
________________________
Print Name: __________________
Title: _______________________
Amendment to the
Voya Retirement Insurance and Annuity Company
Plan Services Agreement
05/29/20 Page 1 of 3
THIS AMENDMENT (the “Amendment”) is entered into effective as of July 1st, 2020, by and between Voya
Retirement Insurance and Annuity Company, a corporation organized under the State of Connecticut, and its affiliated
entities, agents or its subcontractors [collectively “Voya®”] and City Of Milton, Georgia “Plan Sponsor”, collectively,
the “Parties”.
WHEREAS, the Plan Sponsor has entered into a Services Agreement (the “Agreement”) effective July 1st,
2020 in which Voya agrees to perform certain recordkeeping services in exchange for the fees set forth in such
Agreement and attachments thereto, and
WHEREAS, Voya and the Plan Sponsor hereby amend the Agreement to authorize Voya to process those
Participant initiated transactions (“Transactions”) identified herein in accordance with the procedures set forth in this
Agreement as directed by the Plan Sponsor;
NOW, THEREFORE, in consideration of the mutual covenants contained herein, the Parties hereto agree as
follows:
AGREEMENT
1.0 Authorization and Direction: The Plan Sponsor authorizes and directs Voya to process the Transactions
described herein in accordance with the procedures provided by the Plan Sponsor on behalf of the Plan.
The Transactions include: (a) processing unforeseeable emergency withdrawal requests; and (b) processing
Participant unforeseeable emergency loans. Plan Sponsor understands and acknowledges that Voya shall
not verify signatures or the authenticity of documents submitted by Participants.
2.0 Participant Data. Prior to the commencement of the Services described herein, and throughout the term
of this Agreement, Plan Sponsor shall furnish or cause to be timely furnished to Voya all Participant data
(“Participant Data”), as hereinafter defined in a format acceptable to Voya, necessary for Voya to process
the Transactions. Participant Data shall mean all records and information (whether in hard copy or in
electronic form) needed to process the Transactions described herein pertaining to Participants, under the
Plan.
3.0 Accuracy and Completeness of Participant Data. Plan Sponsor shall be solely responsible for
the accuracy and completeness of any such Participant Data and shall promptly furnish or cause to
be furnished accurate and complete Participant Data to correct any inaccuracies or incompleteness
with respect to Participant Data previously provided to Voya. Plan Sponsor shall promptly notify
Voya in writing of any claimed error with respect to any Participant Data or report within thirty
(30) days of discovering the claimed error. In no event will Voya be liable for correction of any
such identified error to the extent that it resulted from erroneous Participant Data. Voya will rely
conclusively on any information provided by Plan Sponsor and shall have no duty to inquire into
and is not responsible for the authenticity or accuracy of such information or the actual authority
of such person to provide it.
4.0 Records In the event that the Plan Sponsor requires confirmation of a request processed for review or
audit purposes, Voya will provide copies of the paperwork as soon as administratively feasible.
05/29/20 Page 2 of 3
5.0 Representations and Warranties.
In providing this authorization and direction to process the Transactions, the Plan Sponsor represents and
warrants that
(a) it has provided Voya with a copy of the most recent plan document and all applicable
amendments, attachments and procedures relating to unforeseeable emergency withdrawals and
loans as well as distributions.
(b) The provisions of the Plan authorizing Participant unforeseeable emergency withdrawals and
loans requires the following criteria:
i. Loss of you or (if permitted under the Plan) your beneficiary's property due to casualty or
caused by fire, flood, theft or other catastrophic loss beyond your control (including
significant water damage to your primary residence not covered by insurance) caused by
natural disaster, and which is extraordinary and unforeseeable.
ii. A hardship need arising as a result of a sudden and unexpected illness of you, your spouse,
your dependent, and/or if permitted under the Plan, your primary beneficiary, your primary
beneficiary's spouse, or your primary beneficiary's dependent. Expenses must be those that
are not reimbursable and could be tax deductible.
iii. Funeral expenses of your spouse, your dependent or your non-dependent adult child or, i f
permitted under the Plan, your primary beneficiary's spouse, dependent or nondependent adult
child.
iv. Medical expenses, including non-refundable deductibles, as well as the cost of prescription
drug medication for you, your spouse, your dependent or, i f permitted under the Plan, your
primary beneficiary.
v. To prevent the imminent foreclosure or eviction from your primary residence or, if permitted
under the Plan, your primary beneficiary's primary residence.
6.0 Nature of the Services. Voya will provide the ministerial services required to process the
Transactions described herein in accordance with the procedures supplied to Voya by the Plan
Sponsor.
7.0 Fiduciary Status. Plan Sponsor and Voya agree that Voya shall not be a fiduciary, in connection with
the Services provided hereunder. Voya shall not have any discretion with respect to the management
or administration of any Plan or with respect to determining or changing the rules or policies
pertaining to eligibility or entitlement of any Participant in any Plan to benefits under such Plan. Voya
also shall not have any control or authority with respect to any assets of any Plan, including the
investment or disposition thereof. Plan Sponsor acknowledges that the Plan’s authorized fiduciary is
responsible for the selection of service providers and investment options and that (i) it is a Plan
fiduciary; (ii) it is independent in all respects of Voya and all affiliates of Voya; and (iii) it has not
relied on any advice or recommendation of Voya or any affiliates of Voya as a primary basis for
making the decision to enter into this Agreement or with respect to the selection of particular
investment options. All discretion and control with respect to the terms, administration or assets of
any Plan shall remain with the Plan Sponsor or with the named fiduciaries under such Plan Voya is not
exercising any discretion and is therefore not acting as a fiduciary when providing unforeseeable
emergency processing services.
8.0 Appeal Process for the Transactions. To the extent a Participant request is denied by Voya,
Participants may file an appeal with the Plan for a final review and final determination of the denied
request.
05/29/20 Page 3 of 3
9.0 Plan Documents. The Plan Sponsor here by agrees that
(a) it will advise Voya in writing at least thirty (30) days in advance of any proposed changes to the
plan document or plan administrative guidelines that may impact any aspect of unforeseeable
emergency processing.
(b) If the Plan’s vesting provision provides for a “year of service” in order to accrue a credit based on
completion of a specific number of hours, the Plan Sponsor shall report such hours worked
electronically in each contribution file and Voya will update Participants' vesting information.
(c) it will advise Voya in writing on an ongoing basis of any outstanding Domestic Relations Order
(DRO) or Qualified Domestic Relations Order (QDRO), as this may affect the availability of
withdrawals to the affected Participant. The Plan Sponsor understands that Voya is not liable for any
claims or costs resulting from processing a withdrawal or distribution request prior to receiving written
notice of a DRO or QDRO that may impact the availability of funds under the Plan.
10.0 Except as provided herein, the terms and conditions contained in the Agreement, as amended by this
Amendment, shall remain in full force and effect.
IN WITNESS WHEREOF, the Parties hereto have duly executed this Agreement effective as of the date first above
written.
VOYA RETIREMENT INSURANCE AND ANNUITY COMPANY
By:
Name: Melissa M. McAuliffe
Title: Vice President
City of Milton, Georgia
By: ______________________________
Name: ____________________________
Title: _____________________________
Mayor
Mayor
CITY COUNCIL AGENDA ITEM
TO: City Council DATE: October 14, 2020
FROM: Steven Krokoff, City Manager
AGENDA ITEM: Plat List, Location Map, Plats
Name of Development /
Location Action Comments /
# lots
Total
Acres Density
1. Caleb Negron Property
2095 & 2098 Birmingham Road
LL 406 Dist. 2 Sect. 2
Minor
Plat
Combining two
parcels into one
single-family
residential lot
8.81
acres
0.113 lot /
acre
MEETING DATE: Monday, October 19, 2020 City Council Meeting
BACKGROUND INFORMATION: (Attach additional pages if necessary)
See attached memorandum
APPROVAL BY CITY MANAGER: ___ APPROVED ___ NOT APPROVED
CITY ATTORNEY APPROVAL REQUIRED: ___ YES ___ NO
CITY ATTORNEY REVIEW REQUIRED: ___ YES ___ NO
APPROVAL BY CITY ATTORNEY ___ APPROVED ___ NOT APPROVED
PLACED ON AGENDA FOR: __________
X
October 19, 2020
X
X
To: Honorable Mayor and City Council Members
From: Robert Buscemi, Acting Community Development Director
Date: Submitted on October 8, 2020 for the October 19, 2020
Regular Council Meeting
Agenda Item: Approval of Subdivision Plats and Revisions
____________________________________________________________________________
Department Recommendation:
To approve the subdivision related plat as stated below.
Executive Summary:
The Milton Subdivision Regulations require that the Mayor and City Council approve all
Final Plats, final Plat Re-recording, Revisions and Minor Plats once the matter has been
reviewed and certified by the Community Development Director in accordance with
the Subdivision Regulations.
1. The minor plat for the Caleb Negron property described herein consists of two
parcels of land which total 8.81acres located at 2095 & 2098 Birmingham Road.
The purpose of this plat is to combine the two parcels of land into one single-
family residential lot.
Funding and Fiscal Impact:
None.
Alternatives:
Do not approve.
Legal Review:
None – not required.
Concurrent Review:
Steven Krokoff, City Manager
Consent Agenda Plats Staff Memo
Page 2 of 5
Attachment(s):
Plat List, Location Map, Plats
Name of Development / Location Action Comments /
# lots
Total
Acres Density
1. Caleb Negron Property
2095 & 2098 Birmingham Road
LL 406 Dist. 2 Sect. 2
Minor
Plat
Combining two
parcels into one
single-family
residential lot
8.81
acres
0.113 lot /
acre
Consent Agenda Plats Staff Memo
Page 3 of 5
Consent Agenda Plats Staff Memo
Page 4 of 5
Consent Agenda Plats Staff Memo
Page 5 of 5
To: Honorable Mayor and City Council Members
From: Robert Buscemi, Acting Community Development Director
Date: Submitted on October 8, 2020 for the October 19, 2020
Regular Council Meeting
Agenda Item: Approval of Subdivision Plats and Revisions
____________________________________________________________________________
Department Recommendation:
To approve the subdivision related plat as stated below.
Executive Summary:
The Milton Subdivision Regulations require that the Mayor and City Council approve all
Final Plats, final Plat Re-recording, Revisions and Minor Plats once the matter has been
reviewed and certified by the Community Development Director in accordance with
the Subdivision Regulations.
1. The minor plat for the Caleb Negron property described herein consists of two
parcels of land which total 8.81acres located at 2095 & 2098 Birmingham Road.
The purpose of this plat is to combine the two parcels of land into one single-
family residential lot.
Funding and Fiscal Impact:
None.
Alternatives:
Do not approve.
Legal Review:
None – not required.
Concurrent Review:
Steven Krokoff, City Manager
Consent Agenda Plats Staff Memo
Page 2 of 5
Attachment(s):
Plat List, Location Map, Plats
Name of Development / Location Action Comments /
# lots
Total
Acres Density
1. Caleb Negron Property
2095 & 2098 Birmingham Road
LL 406 Dist. 2 Sect. 2
Minor
Plat
Combining two
parcels into one
single-family
residential lot
8.81
acres
0.113 lot /
acre
Consent Agenda Plats Staff Memo
Page 3 of 5
Consent Agenda Plats Staff Memo
Page 4 of 5
Consent Agenda Plats Staff Memo
Page 5 of 5
CITY COUNCIL AGENDA ITEM
TO: City Council DATE: October 13, 2020
FROM: Steven Krokoff, City Manager
AGENDA ITEM: Consideration of an Ordinance to Amend Appendix A, Parks
and Recreation Fees and Other Charges, Chapter 34, Section
24 of the Milton City Code to Allow for Collection of Fees to
Rent the Birmingham United Methodist Church
Baseball/Softball Field
MEETING DATE: Monday, October 19, 2020 City Council Meeting
BACKGROUND INFORMATION: (Attach additional pages if necessary)
See attached memorandum
APPROVAL BY CITY MANAGER: ___ APPROVED ___ NOT APPROVED
CITY ATTORNEY APPROVAL REQUIRED: ___ YES ___ NO
CITY ATTORNEY REVIEW REQUIRED: ___ YES ___ NO
APPROVAL BY CITY ATTORNEY ___ APPROVED ___ NOT APPROVED
PLACED ON AGENDA FOR: __________
X
X
X
X
October 19, 2020
To: Honorable Mayor and City Council Members
From: Tom McKlveen, Interim Manager of Parks and Recreation
Date: Submitted on 10/12/2020 for the 10/19/2020 Regular Council
Meeting (First Presentation) and 11/2/2020 (Unfinished
Business)
Agenda Item: Consideration of an Ordinance to Amend Appendix A, Parks
and Recreation Fees and Other Charges, Chapter 34, Section
24 of the Milton City Code to Allow for Collection of Fees to
Rent the Birmingham United Methodist Church
Baseball/Softball Field
____________________________________________________________________________
Department Recommendation:
Staff is recommending the Adoption of the Amendment to Appendix A, Parks
and Recreation Fees and Other Charges, Chapter 34, Section 24 of The Milton
City Code
Executive Summary:
The City of Milton Parks and Recreation Department Fee Schedule was last
reviewed in January 2020. Since that time, changes in facilities that are
available for rent have occurred which calls for an update to the schedule.
The Fee Schedule now includes the Birmingham United Methodist Church
baseball/softball field.
Funding and Fiscal Impact:
The adoption of this resolution increases the number of facilities that are
available for rental and is projected to modestly increase the rental revenue to
the City.
Alternatives:
If this policy is not adopted, the Birmingham United Methodist Church will not be
rentable space.
Legal Review:
Sam VanVolkenburgh – Jarrard & Davis, October 8, 2020.
Concurrent Review:
Steven Krokoff, City Manager
Attachment(s):
1) Ordinance – Appendix A Chapter 34 Section 24
2) Chapter 34 - Table of Fees and Charges
APPENDIX A Page 1 of 2
34-24 (a) (1)Diamond field rental rates at Bell Memorial Park or IGA
fields - Milton Citizen Rate $25.00 per hour
34-24 (a) (2)Diamond field rental rates at Bell Memorial Park or IGA
fields - Milton Citizen Rate $37.50 per hour
34-24 (a) (3)Diamond field rental rates at Bell Memorial Park or IGA
fields - Milton Citizen Rate $75.00
34-24 (a) (4)Diamond field rental rates at Bell Memorial Park or IGA
fields - Milton Citizen Rate $100.00
34-24 (a) (5)Diamond field rental rates at Bell Memorial Park or IGA
fields - Milton Citizen Rate $500.00
34-24 (b) (1)Rectangular Artificial Turf Fields at Bell Memorial Park -
Milton Citizen Rate $75.00 per hour
34-24 (b) (2)Rectangular Artificial Turf Fields at Bell Memorial Park -
Milton Citizen Rate $100 per hour
34-24 (b) (3)Rectangular Artificial Turf Fields at Bell Memorial Park -
Milton Citizen Rate $100.00
34-24 (b) (4)Rectangular Artificial Turf Fields at Bell Memorial Park -
Milton Citizen Rate
Determined on an individual case basis, limited to the
cost to the City.
34-24 (c) (1)Rectangular Natural Turf Fields at IGA Fields - Milton
Citizen Rate $25.00 per hour
34-24 (c) (2)Rectangular Natural Turf Fields at IGA Fields - Milton
Citizen Rate $100.00
34-24 (d) (1)Facility rental rates at Bethwell Community Center -
Milton Citizen Rate $50.00 per hour
34-24 (d) (2)Facility rental rates at Bethwell Community Center -
Milton Citizen Rate $50.00
34-24 (e) (1)Tennis Court rental rates at the Milton Country Club -
Milton Citizen Rate $5.00 per hour
34-24 (f) (1)Facility rental rates at Community Place - Milton Citizen
Rate $50.00 per hour
34-24 (f) (2)Facility rental rates at Community Place - Milton Citizen
Rate $200.00
34-24 (g)Facility rental rates at Friendship Community Park
Pavilion Only - Milton Citizen Rate $10.00 per hour
34-24 (h) (1)Facility rental rates at Broadwell Pavilion Only - Milton
Citizen Rate $50.00 per hour
34-24 (h) (2)Facility rental rates at Broadwell Pavilion Only - Milton
Citizen Rate $350.00
34-24 (h) (3)Facility rental rates at Broadwell Pavilion Only - Milton
Citizen Rate $100.00
34-24 (i) (1)Camp Joyful Soles $175.00
34-24 (i) (2)Camp Joyful Soles $50.00
34-24 (j)Administrative Fee $15.00
Chapter 34 -- Parks, Recreation and Cultural Affairs
Other services; i.e. field lining , etc.
Rentals offered in a minimum of two hours
Refundable Security Deposit
One Field without lights, two hour minimum rental
One Field without lights, two hour minimum rental
Refundable Security Deposit
Rentals offered with lights and fan in a minimum of two
hours
Refundable Security Deposit
Refundable Personal Gas Grill Use Deposit
Non-refundable, Non-transferable Deposit per week
Approved Refunds/Cancellations
One Field with lights, two hour minimum rental
Rentals offered in a minimum of two hours
Rentals offered in a minimum of two hours
Registration Fee per week
Field preparation - dragging and lining
Refundable Security Deposit
Refundable Security Deposit
Rentals offered in a minimum of one hour intervals
For a Special Event for a Day
One Field without lights, two hour minimum rental
One Field with lights, two hour minimum rental
Refundable Security Deposit
APPENDIX A Page 2 of 2
34-24 (k)Employee Discount 50% off of the City of Milton Resident rate
34-24 (l)Non-Resident Rate 50% increase over City of Milton Resident rate
34-24 (m)Independent Contractor Commissions No less than 10% and no more than 30%
34-24 (n) (1)Admission Fee to the Milton Pool $5.00
34-24 (n) (2)Admission Fee to the Milton Pool $55.00
34-24 (n) (3)Admission Fee to the Milton Pool $75.00
34-24 (n) (4)Admission Fee to the Milton Pool $200.00
34-24 (n) (5)Admission Fee to the Milton Pool $250.00
34-24 (n) (6)Admission Fee to the Milton Pool $300.00
34-24 (n) (7)Admission Fee to the Milton Pool $350.00
34-24 (n) (8)Replacement Fee $5.00
34-24 (o)(1)
Rectangular artificial turf field at Cox Road Athletic
Complex - Milton citizen rate $50.00 per hour
34-24 (o)(2)
Rectangular artificial turf field at Cox Road Athletic
Complex - Milton citizen rate $75.00 per hour
34-24 (o)(3)
Rectangular artificial turf field at Cox Road Athletic
Complex - Milton citizen rate $100.00
34-24 (o)(4)
Rectangular artificial turf field at Cox Road Athletic
Complex - Milton citizen rate
Determined on an individual case basis, limited to the
cost to the City.
34-24 (o)(5)
Rectangular natural grass field at Cox Road Athletic
Complex - Milton citizen rate $50.00 per hour
34-24 (o)(6)
Rectangular natural grass field at Cox Road Athletic
Complex - Milton citizen rate $75.00 per hour
34-24 (o)(7)
Rectangular natural grass field at Cox Road Athletic
Complex - Milton citizen rate $100.00
34-24 (o)(8)
Rectangular natural grass field at Cox Road Athletic
Complex - Milton citizen rate
Determined on an individual case basis, limited to the
cost to the City.
34-24 (p) (1)Diamond field rental rate at Birmingham United
Methodist Church - Milton Citizen Rate $25.00 per hour
34-24 (p) (2)Diamond field rental rates at Birmingham United
Methodist Church - Milton Citizen Rate $37.50 per hour
34-24 (p) (3)Diamond field rental rates at Birmingham United
Methodist Church - Milton Citizen Rate $75.00
34-24 (p) (4)Diamond field rental rates at Birmingham United
Methodist Church - Milton Citizen Rate $100.00
One field without lights, two-hour minimum rental
Refundable Security Deposit
Other services; i.e. field lining , etc.
At the discretion of the Parks ands Recreation Director
based upon services provided and fees charged
Season Pass - Memorial Day thru Labor Day - Admission for
up to 5 Guests
Season Pass - Memorial Day thru Labor Day - Admission for
up to 6 Guests
Replacement of Lost or Damaged Season Pass
Season Pass - Memorial Day thru Labor Day - Admission for
Senior Citizens ages 55+
Season Pass - Memorial Day thru Labor Day - Admission for
a Single Guest
Season Pass - Memorial Day thru Labor Day - Admission for
up to 7 Guests
Refundable Security Deposit
Field preparation - dragging and lining
One Field with lights, one hour minimum rental
One Field without lights, one hour minimum rental
City of Milton employees may receive a discount on City of
Milton directly offered programs (Does not apply to
programs offered through Independent Contractors)
Applies to all individuals and businesses not based in Milton
Daily Fee - One Guest - One Admission for the Entire Day
Season Pass - Memorial Day thru Labor Day - Admission for
up to 4 Guests
One field with lights, two-hour minimum rental
One field without lights, two-hour minimum rental
Refundable Security Deposit
Other services; i.e. field lining , etc.
One field with lights, two-hour minimum rental
STATE OF GEORGIA
COUNTY OF FULTON
ORDINANCE NO.
AN ORDINANCE TO AMEND APPENDIX A, FEES AND OTHER CHARGES, OF THE
MILTON CITY CODE
The Council of the City of Milton hereby ordains, while in a regularly called council meeting on
November 2, 2020 at 6:00 p.m., as follows:
SECTION 1. That Chapter 34 of Appendix A of The Code of the City of Milton, Georgia,
is hereby amended by amending the existing Chapter 34 of Appendix A to insert the following rows
below the row corresponding to 34-24(o)(8):
34-24 (p) (1)
Diamond field rental rate at
Birmingham United Methodist
Church - Milton Citizen Rate
One Field without lights,
one hour minimum rental
$25.00 per
hour
34-24 (p) (2)
Diamond field rental rates at
Birmingham United Methodist
Church - Milton Citizen Rate
One Field with lights, one
hour minimum rental
$37.50 per
hour
34-24 (p) (3)
Diamond field rental rates at
Birmingham United Methodist
Church - Milton Citizen Rate
Field preparation - dragging
and lining $75.00
34-24 (p) (4)
Diamond field rental rates at
Birmingham United Methodist
Church - Milton Citizen Rate
Refundable Security
Deposit $100.00
SECTION 2. All ordinances, parts of ordinances, or regulations in conflict herewith are
repealed.
SECTION 3. That this Ordinance shall become effective upon its adoption.
ORDAINED this the 2nd day of November 2020.
____________________________________
Joe Lockwood, Mayor
Attest:
______________________________
Sudie AM Gordon, City Clerk
CITY COUNCIL AGENDA ITEM
TO: City Council DATE: October 13, 2020
FROM: Steven Krokoff, City Manager
AGENDA ITEM: Consideration of Final Plat
Name of Development / Location Action Comments / # lots Total
Acres Density
1. Lakeside at Crabapple
980 Mayfield Road
LL1099 & 1134
Final
Plat
28 Single-Family Lots
41 Townhomes
Total – 69 Units
13.760
acres
4.41 lots /
acre
MEETING DATE: Monday, October 19, 2020 City Council Meeting
BACKGROUND INFORMATION: (Attach additional pages if necessary)
See attached memorandum
APPROVAL BY CITY MANAGER: ___ APPROVED ___ NOT APPROVED
CITY ATTORNEY APPROVAL REQUIRED: ___ YES ___ NO
CITY ATTORNEY REVIEW REQUIRED: ___ YES ___ NO
APPROVAL BY CITY ATTORNEY ___ APPROVED ___ NOT APPROVED
PLACED ON AGENDA FOR: __________
X
October 19, 2020
X
X
To: Honorable Mayor and City Council Members
From: Robert Buscemi, Acting Community Development Director
Date: Submitted on October 12, 2020 for the October 19, 2020
Regular Council Meeting
Agenda Item: Consideration of Final Plat
____________________________________________________________________________
Department Recommendation:
To approve the final plat as stated below.
Executive Summary:
The Milton Subdivision Regulations require that the Mayor and City Council approve all
Final Plats, final Plat Re-recording, Revisions and Minor Plats once the matter has been
reviewed and certified by the Community Development Director in accordance with
the Subdivision Regulations.
1. The Lakeside at Crabapple Final Plat described herein consists of five (5) Tracts
for a total of 13.760 acres located at 980 Mayfield Road. Tracts 1-4 will combine
and be re-subdivided into 28 Rear-Loaded Single-Family lots and 41 Rear-Loaded
Townhomes. Tract 5 will provide the lake, community park, walking path, and will
be dedicated to the City of Milton.
Funding and Fiscal Impact:
None.
Alternatives:
Do not approve.
Legal Review:
None – not required.
Concurrent Review:
Steven Krokoff, City Manager
New Business Agenda Plats Staff Memo
Page 2 of 7
Attachment(s):
Plat List, Location Map, Plats
Name of Development / Location Action Comments / # lots Total
Acres Density
1. Lakeside at Crabapple
980 Mayfield Road
LL1099 & 1134
Final
Plat
28 Single-Family Lots
41 Townhomes
Total – 69 Units
13.760
acres
4.41 lots /
acre
New Business Agenda Plats Staff Memo
Page 3 of 7
New Business Agenda Plats Staff Memo
Page 4 of 7
New Business Agenda Plats Staff Memo
Page 5 of 7
New Business Agenda Plats Staff Memo
Page 6 of 7
New Business Agenda Plats Staff Memo
Page 7 of 7
To: Honorable Mayor and City Council Members
From: Robert Buscemi, Acting Community Development Director
Date: Submitted on October 12, 2020 for the October 19, 2020
Regular Council Meeting
Agenda Item: Consideration of Final Plat
____________________________________________________________________________
Department Recommendation:
To approve the final plat as stated below.
Executive Summary:
The Milton Subdivision Regulations require that the Mayor and City Council approve all
Final Plats, final Plat Re-recording, Revisions and Minor Plats once the matter has been
reviewed and certified by the Community Development Director in accordance with
the Subdivision Regulations.
1. The Lakeside at Crabapple Final Plat described herein consists of five (5) Tracts
for a total of 13.760 acres located at 980 Mayfield Road. Tracts 1-4 will combine
and be re-subdivided into 28 Rear-Loaded Single-Family lots and 41 Rear-Loaded
Townhomes. Tract 5 will provide the lake, community park, walking path, and will
be dedicated to the City of Milton.
Funding and Fiscal Impact:
None.
Alternatives:
Do not approve.
Legal Review:
None – not required.
Concurrent Review:
Steven Krokoff, City Manager
New Business Agenda Plats Staff Memo
Page 2 of 7
Attachment(s):
Plat List, Location Map, Plats
Name of Development / Location Action Comments / # lots Total
Acres Density
1. Lakeside at Crabapple
980 Mayfield Road
LL1099 & 1134
Final
Plat
28 Single-Family Lots
41 Townhomes
Total – 69 Units
13.760
acres
4.41 lots /
acre
New Business Agenda Plats Staff Memo
Page 3 of 7
New Business Agenda Plats Staff Memo
Page 4 of 7
New Business Agenda Plats Staff Memo
Page 5 of 7
New Business Agenda Plats Staff Memo
Page 6 of 7
New Business Agenda Plats Staff Memo
Page 7 of 7