HomeMy WebLinkAboutAgenda Packet - CC - 11/02/2020
2006 HERITAGE WALK, MILTON, GA 30004 ǀ 678.242.2500 ǀ WWW.CITYOFMILTONGA.US
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678.242.2500.
Joe Lockwood, Mayor
CITY COUNCIL
Peyton Jamison
Paul Moore
Laura Bentley
Carol Cookerly
Joe Longoria
Rick Mohrig
Monday, November 2, 2020 Regular Council Meeting Agenda 6:00 PM
INVOCATION – Pastor Aaron Snow, C3 North Atlanta
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. 20-300)
5) PUBLIC COMMENT (General)
MILTON CITY COUNCIL REGULAR CITY COUNCIL MEETING NOVEMBER 2, 2020
6) CONSENT AGENDA
1. Approval of the September 21, 2020 Regular City Council Meeting
Minutes.
(Agenda Item No. 20-301)
(Sudie Gordon, City Clerk)
2. Approval of a Construction Services Agreement between the City of
Milton and Summit Constructions and Development for the Reconstruction
of the Bridge Culvert and Shoulder/Slope Stabilization on Saddlesprings
Drive in the Sunnybrook Farms Subdivision.
(Agenda Item No. 20-302)
(Robert Drewry, Public Works Director)
3. Approval of Change Order for the Construction Services Agreement
between the City of Milton and C.W. Matthews Contracting Co., Inc. for
the Reconstruction and Resurfacing of the Roads Called Out in the Bid
Document as Bid Alternate #1 Deerfield Parkway and Bid Alternate # 3
Bethany Road
(Agenda Item No. 20-303)
(Robert Drewry, Public Work Director)
4. Approval of Subdivision Plats and Revisions.
(Agenda Item No. 20-304)
(Tracie Wildes, Land Development Manager)
5. Approval of a Professional Services Agreement between the City of Milton
and TizzyLiz Design, LLC, for Graphic Design Services.
(Agenda Item No. 20-305)
(Greg Botelho, Communications Director)
7) REPORTS AND PRESENTATIONS
1. Proclamation Recognizing Veterans Day.
(Mayor Joe Lockwood)
Name of Development /
Location Action Comments / #
lots
Total
Acres Density
1. Crossroads at Birmingham
Birmingham Hwy &
Birmingham Rd
LL 380, 381, 413 & 414
Final
Plat
35 Single-
Family Lots
(10 Lots /AG-1
and
25 Lots / MIX)
2 Commercial
Buildings
22.119
Ac
0.65 Lots
/Acre
3.77 Lots
/Acre
MILTON CITY COUNCIL REGULAR CITY COUNCIL MEETING NOVEMBER 2, 2020
2. Proclamation Recognizing Native American History Month.
(Mayor Joe Lockwood)
3. Proclamation of Fire Station 42 Design.
(Robert Edgar, Fire Chief)
8) FIRST PRESENTATIONS
1. Consideration of RZ20-17 – Section 64-395 Uses Prohibited in all Zoning
Districts (Temp. Consumer Fireworks).
(Agenda Item No. 20-306)
(Robert Buscemi, City Architect)
2. Consideration of RZ20-18 – To Create a New Use Permit for Farm Winery
Consumption on Premises of Beer and/or Liquor.
(Agenda Item No. 20-307)
(Robert Buscemi, City Architect)
3. Consideration of RZ20-19 To Amend Section 64-1121 – Allowed Use Chart
within the Rural Milton Overlay (as it Relates to the Proposed Use Permit in
RZ20-18.)
(Agenda Item No. 20-308)
(Robert Buscemi, City Architect)
4. Consideration of an Ordinance to Amend Chapter 4 – Section 85 – Farm
Wineries, of the Alcoholic Beverages of the Code of the City of Milton,
Georgia.
(Agenda Item No. 20-309)
(Sara LaDart, Economic Development Manager)
5. Consideration of an Ordinance Revision to Chapter 46 Article II, Section
46-24 for Prohibitions of Public and Private Littering.
(Agenda Item No. 20-310)
(Robert Drewry, Public Works Director)
9) PUBLIC HEARING
10) ZONING AGENDA
MILTON CITY COUNCIL REGULAR CITY COUNCIL MEETING NOVEMBER 2, 2020
11) UNFINISHED BUSINESS
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 the Collection of Fees to Rent the Birmingham United
Methodist Church Baseball/Softball Field.
(Agenda Item No. 20-297)
(First Presentation at October 19, 2020 City Council Meeting) (Tom McKlveen, Interim Manager of Parks and Recreation)
12) NEW BUSINESS
1. Consideration of a Resolution Adopting the Capital Improvements
Element (CIE) 2020 Annual Update Relating to the City’s Impact Fee
Program.
(Agenda Item No. 20-311)
(Robert Buscemi, City Architect)
2. Consideration of An Amended Emergency Ordinance of the Mayor and
Council of the City of Milton, Georgia under Section 3.18 of the Charter of
the City of Milton, Georgia to Provide the Operation of the City of Milton,
Georgia During the Public Emergency known as the Novel Coronavirus
Disease 2019 Global Pandemic; to Become Effective Upon Adoption by
the Council; to Supersede the Existing Emergency Ordinance; and for
Other Purposes.
(Agenda Item No. 20-312)
(Ken Jarrard, City Attorney)
13) MAYOR AND COUNCIL REPORTS
STAFF REPORTS
Department Updates
1. Public Works
2. Fire
3. Communications
14) EXECUTIVE SESSION (if needed)
15) ADJOURNMENT
(Agenda Item No. 20-313)
CITY COUNCIL AGENDA ITEM
TO: City Council DATE: October 27, 2020
FROM: Steven Krokoff, City Manager
AGENDA ITEM: Approval of a Construction Services Agreement with Summit
Constructions and Development for the Reconstruction of the
Bridge Culvert and Shoulder/Slope Stabilization on
Saddlesprings Drive in the Sunnybrook Farms Subdivision
MEETING DATE: Monday, November 2, 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
November 2, 2020
X
X
X
To: Honorable Mayor and City Council Members
From: Robert W. Drewry, Public Works Director
Date: Submitted on October 13, 2020 for the November 2, 2020 Regular
City Council Meeting
Agenda Item: Approval of a Construction Services Agreement with Summit
Constructions and Development for the Reconstruction of the
Bridge Culvert and Shoulder/Slope Stabilization on Saddlesprings
Drive in the Sunnybrook Farms Subdivision
_____________________________________________________________________________________
Project Description:
The contractor will be providing reconstruction services for the bridge culvert on
Saddlesprings Drive. Work consists of wingwall removal and replacement, filling all
undermining of the culvert, and shoulder and slope stabilization. This also includes all
materials, labor, and equipment to complete this work. Staff is recommending approval
of this construction services contract .
Procurement Summary:
Purchasing method used: Bid Award-ITB (Over $50,000)
Account Number: 300-4101-541401200
Requisition Total: $591,172.25
Other quotes or bids submitted (vendor/$)
Vendor/Firm Quote/Bid
CMES INC $598,803.00
Williams Contracting $609,347.00
The Dickerson Group $631,253.00
Financial Review: Bernadette Harvill, October 27, 2020
Legal Review: Sam VanVolkenburgh – Jarrard & Davis, October 22, 2020
Concurrent Review: Robert Drewry, Public Works Director
Attachment(s): Construction Services Agreement
1 Construction Services Agreement | Version 1.0
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CONSTRUCTION SERVICES AGREEMENT
Saddlesprings Drive Culvert Repair
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 Summit Construction and Development, LLC, a Georgia limited liability company
hereinafter referred to as the “Contractor”), collectively referred to herein as the "Parties”.
W I T N E S S E T H:
WHEREAS, the City desires to retain a contractor to perform services for the construction
of a Project, as defined below; and
WHEREAS, the City solicited bids for construction of the Project pursuant to the Request
for bids, dated September 10, 2020 attached hereto as “Exhibit A” and incorporated herein by
reference; and
WHEREAS, the Contractor submitted a complete and timely bid, attached hereto as
“Exhibit B” and incorporated herein by reference, and met all bid requirements such that the City
awarded Project Number ITB 21-PW01 to the Contractor; and
WHEREAS, the City finds that specialized knowledge, skills, and training are necessary
to perform the Work (defined below) contemplated under this Agreement; and
WHEREAS, the Contractor has represented that it is qualified by training and experience
to perform the Work; and
WHEREAS, based upon Contractor’s bid, the City has selected Contractor as the
successful bidder, and
WHEREAS, Contractor desires to perform the Work as set forth in this Agreement under
the terms and conditions provided in this Agreement; and
WHEREAS, the public interest will be served by this Agreement; and
WHEREAS, Contractor has familiarized itself with the nature and extent of the Contract
Documents, the Project, and the Work, and with all local conditions and federal, state and local
laws, ordinances, rules and regulations that may in any manner affect cost, progress or performance
of Work, and Contractor is aware that it must be licensed to do business in the State of Georgia.
2 Construction Services Agreement | Version 1.0
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. Request for Bids, attached hereto as “Exhibit A”;
B. Bid Documents from Contractor, dated October 8, 2020, along with revised bid
sheet, attached hereto as “Exhibit B”;
C. Scope of Work, attached hereto as “Exhibit C”;
D. Required Performance Bond, Payment Bond and Maintenance Bond, attached
hereto collectively as “Exhibits D.1, D.2 and D.3”;
E. Noncollusion Affidavit of Prime Bidder, attached hereto as “Exhibit E”;
F. Final Affidavit, attached hereto as “Exhibit F”;
G. Alien Employment affidavits, attached hereto as “Exhibits G.1 and G.2”;
H. Plans, drawings and specifications, attached hereto collectively as “Exhibit H”;
I. Additional Payment/Retainage Requirements, attached hereto as “Exhibit I”;
J. “Exhibit J” - reserved;
K. Contract Administration provisions (if issued), attached hereto as “Exhibit K”;
L. General Conditions (if issued), attached hereto as “Exhibit L”;
M. Supplementary Conditions (if issued), attached hereto as “Exhibit M”;
N. City of Milton Code of Ethics (codified in the official Code of the City of Milton);
O. The following, which may be delivered or issued after the Effective Date of the
Agreement and are not attached hereto: All Change Orders (defined in Section 6
below), other written amendments, and other documents amending, modifying, or
supplementing the Contract Documents if properly adopted in writing and executed
by the Parties.
3 Construction Services Agreement | Version 1.0
Section 2. Project Description; Architect; Engineer; Contract Administrator
A. Project. A general description of the Project is as follows: services to provide for
the reconstruction of concrete culverts and shoulder and slope stabilization on
Saddlesprings Drive in the Sunnybrook Farms subdivision in Milton, GA as
specified in the construction plans and specifications as provided in Exhibit “A”
(the “Project”).
B. Architect/Engineer (if any).
(i) Architect [if applicable]. The Project has been designed by BM&K Construction ,
Inc. (hereinafter referred to as the “Architect”). The Architect will have authority
to act on behalf of the City only to the extent provided in the Contract Documents,
unless otherwise modified in accordance with the provisions of this Agreement.
(ii) Engineer [if applicable]. The Project has been designed by
____N/A__________________ (hereinafter referred to as the “Engineer”). The
Engineer will have authority to act on behalf of the City only to the extent provided
in the Contract Documents, unless otherwise modified in accordance with the
provisions of this Agreement.
C. Contract Administrator. The Contract Administrator for this Agreement shall be:
Matthew Fallstrom, Capital Projects Manager.
Section 3. The Work
A. The Work. The Work to be completed under this Agreement (the “Work”)
includes, but shall not be limited to, the work described in the Scope of Work
provided in “Exhibit C”, attached hereto and incorporated herein by reference.
The Work includes all material, labor, insurance, tools, equipment, machinery,
water, heat, utilities, transportation, facilities, services and any other miscellaneous
items and work reasonably inferable from the Contract Documents. The term
“reasonably inferable” 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
4 Construction Services Agreement | Version 1.0
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
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
5 Construction Services Agreement | Version 1.0
that the Contractor shall not be relieved of responsibility for deviations from
requirements of the Contract Documents by the Contract Administrator’s approval
of Shop Drawings, Product Data, Samples or similar submittals, unless the
Contractor has specifically informed the Contract Administrator in writing of such
deviation at the time of submittal and (1) the Contract Administrator has given
written approval to the specific deviation as a minor change in the Work, or (2) a
written Change Order has been issued and approved to authorize the deviation. The
Contract Administrator’s approval of the Shop Drawings, Product Data, Samples
or similar submittals shall not relieve the Contractor of responsibility for errors or
omissions therein.
The Contractor shall, in writing or on resubmitted Shop Drawings, Product Data,
Samples or similar submittals, direct the Contract Administrator’s attention to any
additional revisions included other than those requested by the Contract
Administrator on previous submittals. In the absence of such written notice
drawing the Contract Administrator’s attention to such additional revisions, the
Contract Administrator’s approval of a resubmission shall not apply to such
additional revisions.
The Contractor shall maintain at the Project site(s) one record copy of the Contract
Documents in good order and marked currently to record field changes and
selections made during construction and one record copy of approved Shop
Drawings, Product Data, Samples and similar required submittals. These
documents shall be available to the City and Contract Administrator and shall be
delivered to the Contract Administrator or City upon completion of the Work.
Section 4. Contract Term; Liquidated Damages; Expedited Completion; Partial
Occupancy or Use
A. Contract Term. The term of this Agreement (“Term”) shall commence on the
Effective Date and continue until final completion and payment for the Work or the
proper termination and non-renewal of this Agreement (provided that certain
obligations, including but not limited to Warranty obligations, will survive
termination/expiration of this Agreement). Contractor warrants and represents that
it will 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 ten (10) calendar days of the Notice to Proceed provided
by the City, and the Work shall be completed within one hundred (100) calendar
days from the Notice to Proceed (the “Expected Date of Final Completion”). Every
effort will be made by Contractor to shorten this period. If unusual weather (beyond
normal) affects the required completion schedule, the City and the Contractor will
negotiate a new completion date. If the Term of this Agreement continues beyond
the fiscal 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
6 Construction Services Agreement | Version 1.0
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.
As advertised in the ITB, Liquidated damages for delay beyond the Expected Date
of Final Completion shall be charged in accordance with GDOT Standard
Specifications Section 108.08.
B. Time is of the Essence. Contractor specifically acknowledges that TIME IS OF
THE ESSENCE of this Agreement and that City will suffer financial loss if the
Work is not completed in accordance with the deadlines specified in Section 4(A)
above and within the Contract Documents.
C. Expediting Completion. The Contractor is accountable for completing the Work
within the time period provided in the Contract Documents. If, in the judgment of
the City, the Work is behind schedule and the rate of placement of work is
inadequate to regain scheduled progress to ensure timely completion of the entire
Work or a separable portion thereof, the Contractor, when so informed by the City,
shall immediately take action to increase the rate of work placement by:
(1) An increase in working forces;
(2) An increase in equipment or tools;
(3) An increase in hours of work or number of shifts;
(4) Expediting delivery of materials; and/or
(5) Other action proposed if acceptable to City.
Within five (5) calendar days after such notice from City that the Work is behind
schedule, the Contractor shall notify the City in writing of the specific measures
taken and/or planned to increase the rate of progress. The Contractor shall include
an estimate as to the date of scheduled progress recovery. Should the City deem
the plan of action inadequate, the Contractor shall take additional steps to make
adjustments as necessary to its plan of action until it meets with the City’s approval
and such approval is provided in writing by the City.
D. Partial Occupancy or Use. The City may occupy or use any completed or partially
completed portion of the Work at any stage when such portion is designated by
separate agreement between the City and Contractor, provided such occupancy or
use is consented to by the insurer and authorized by public authorities having
jurisdiction over the Work. Such partial occupancy or use may commence whether
or not the portion is substantially complete, provided the City and Contractor have
accepted in writing the responsibilities assigned to each of them for payments,
retainage, if any, security, maintenance, heat, utilities, damage to the Work and
insurance, and have agreed in writing concerning the period for correction of the
Work and commencement of warranties required by the Contract Documents.
Consent of the Contractor to partial occupancy or use shall not be unreasonably
withheld. Immediately prior to such partial occupancy or use, the City, Contractor
and Contract Administrator shall jointly inspect the area to be occupied, or portion
7 Construction Services Agreement | Version 1.0
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 $591,172.25 (the “Maximum Contract Price”), except as
outlined in Section 6 below. Notwithstanding any language to the contrary in the
ITB, the compensation for Work performed shall be based upon the units performed
at the unit prices shown in “Exhibit B” subject to the Maximum Contract Price.
Contractor represents that the Maximum Contract Price is sufficient to perform all
of the Work set forth in and contemplated by this Agreement.
The Work consists of performing all necessary construction to implement the
design plans clarifications, and specifications that were shown and referenced in
the ITB. The City has attempted to estimate the units of specific materials and labor
required for the Work in the bid schedule, but recognizes that additional materials
or construction activity may be required to fully implement the plans. Accordingly,
the City has budgeted up to $50,000.00 for Contractor to perform miscellaneous
construction to implement the plans. To the extent Contractor must access this
budget (i.e., by exceeding the estimated quantities of materials and labor in the bid
schedule), it shall first coordinate with and receive written permission from Matt
Fallstrom, the City’s Contract Administrator. To the extent a unit price for
materials or labor is set forth in the bid schedule, Contractor shall perform any
additional miscellaneous construction activity at the same unit price. To the extent
certain materials or labor are required that do not have a unit price in the bid
schedule, Contractor shall inform Mr. Fallstrom of the offered unit price and
estimated quantity of units, and receive his advance written permission. Absent an
approved, executed Change Order, Contractor shall not bill for miscellaneous
construction work inconsistent with implementing the design plans.
B. Additional Payment Requirements. Additional payment requirements are included
as “Exhibit I”, attached hereto and incorporated herein by reference.
C. Material Deviations. Any material deviations in tests or inspections performed, or
times or locations required to complete such tests or inspections, and like deviations
from the Work described in this Agreement shall be clearly communicated to the
City before charges are incurred and shall be handled through written Change
Orders, as described in Section 6 below. Whenever the Contract Administrator
considers it necessary or advisable, it shall have authority to require inspection or
testing of the Work. However, neither this authority of the Contract Administrator
nor a decision made in good faith either to exercise or not to exercise such authority
shall give rise to a duty or responsibility of the Contract Administrator to the
Contractor, subcontractors, material and equipment suppliers, their agents or
8 Construction Services Agreement | Version 1.0
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 terms for performing the
changed work within a reasonable time to avoid delay or other unfavorable impacts
as determined by the City in its sole discretion, the City shall have the right to
determine reasonable terms, and the Contractor shall proceed with the changed
work.
C. Change Order Requirement. Any work added to the scope of this Agreement by a
Change Order shall be executed under all the applicable conditions of this
Agreement. No claim for additional compensation or extension of time shall be
recognized, unless contained in a written Change Order duly executed on behalf of
the City and the Contractor.
D. Authority to Execute Change Order. The City Manager has authority to execute,
without further action of the Milton City Council, any number of Change Orders so
long as their total effect does not materially alter the terms of this Agreement or
materially increase the Maximum Contract Price, as set forth in Section 5(A) above.
Any such Change Orders materially altering the terms of this Agreement, or any
Change Order affecting the price where the Maximum Contract Price (as amended)
is in excess of $50,000, must be approved by resolution of the Milton City Council.
E. Minor Changes in the Work. The Contract Administrator will have the authority
to order minor changes in the Work not involving adjustment in the Maximum
Contract Price or extension of the Term and not inconsistent with the intent of the
Contract Documents. Such changes shall be effected by written order signed by
the Contract Administrator. The Contractor shall carry out such written orders
promptly. If the minor changes subsequently may affect adjustments in the
Maximum Contract Price or the Term, the changes shall then be converted to a
9 Construction Services Agreement | Version 1.0
written Change Order by the requesting Party.
Section 7. Covenants of Contractor
A. Ethics Code; Conflict of Interest.
(i) Contractor agrees that it shall not engage in any activity or conduct that
would result in a violation of the City of Milton Code of Ethics or any other
similar law or regulation. Contractor certifies that to the best of his
knowledge no circumstances exist which will cause a conflict of interest in
performing the Work. Should Contractor become aware of any circumstances
that may cause a conflict of interest during the Term of this Agreement,
Contractor shall immediately notify the City. If the City determines that a
conflict of interest exists, the City may require that Contractor take action to
remedy the conflict of interest or terminate the Agreement without liability.
The City shall have the right to recover any fees paid for services rendered by
Contractor when such services were performed while a conflict of interest
existed if Contractor had knowledge of the conflict of interest and did not
notify the City within five (5) business days of becoming aware of the
existence of the conflict of interest.
(ii) Contractor and the City acknowledge that it is prohibited for any person to
offer, give, or agree to give any City employee or official, or for any City
employee or official to solicit, demand, accept, or agree to accept from another
person, a gratuity of more than nominal value or rebate or an offer of
employment in connection with any decision, approval, disapproval,
recommendation, or preparation of any part of a program requirement or a
purchase request, influencing the content of any specification or procurement
standard, rendering of advice, investigation, auditing, or in any other advisory
capacity in any proceeding or application, request for ruling, determination,
claim or controversy, or other particular matter, pertaining to any program
requirement or a contract or subcontract, or to any solicitation or proposal
therefor. The Contractor and the City further acknowledge that it is prohibited
for any payment, gratuity, or offer of employment to be made by or on behalf
of a sub-consultant under a contract to the prime Contractor or higher tier sub-
consultant, or any person associated therewith, as an inducement for the award
of a subcontract or order.
B. Meetings. The Contractor is required to meet with the City’s personnel, or
designated representatives, to resolve technical or contractual problems that may
occur during the Term of this Agreement at no additional cost to the City. Meetings
will occur as problems arise and will be coordinated by the City or the Contract
Administrator. The Contractor will be given a minimum of three (3) full business
days’ notice of meeting date, time, and location. Face-to-face meetings are desired.
However, at the Contractor’s option and expense, a conference call meeting may
be substituted. Consistent failure to participate in problem resolution meetings, two
consecutive missed or rescheduled meetings, or failure to make a good faith effort
10 Construction Services Agreement | Version 1.0
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
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.
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(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.
(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.
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(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
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
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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.
I. City’s Reliance on the Work. The Contractor acknowledges and agrees that the
City does not undertake to approve or pass upon matters of expertise of the
Contractor and that therefore, the City bears no responsibility for Contractor’s
Work performed under this Agreement. The Contractor acknowledges and agrees
that the acceptance of Work by the City is limited to the function of determining
whether there has been compliance with what is required to be produced under this
Agreement. The City will not, and need not, inquire into adequacy, fitness,
suitability or correctness of Contractor’s performance. Contractor further agrees
that no approval of designs, plans, or specifications by any person, body, or agency
shall relieve Contractor of the responsibility for adequacy, fitness, suitability, and
correctness of Contractor’s Work under professional and industry standards, or for
performing services under this Agreement in accordance with sound and accepted
professional and industry principles.
J. Contractor’s Reliance on Submissions by the 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
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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 Up. Contractor shall keep the Project site(s) and surrounding area free from
accumulation of waste materials or rubbish caused by operations under this
Agreement. At completion of the Work, the Contractor shall remove from and
about the Project waste materials, rubbish, the Contractor’s tools, construction
equipment, machinery and surplus materials. If the Contractor fails to clean up as
provided in the Contract Documents, the City may do so, and the cost thereof shall
be charged to the Contractor.
M. Contractor’s Representative. _________________ [INSERT NAME OF
CONTRACTOR’S REPRESENTATIVE] shall be authorized to act on
Contractor’s behalf with respect to the Work as Contractor’s designated
representative.
N. Independent Contractor. Contractor hereby covenants and declares that it is
engaged in an independent business and agrees to perform the Work as an
independent contractor and not as the agent or employee of the City. Nothing
contained in this Agreement shall be construed to make the Contractor, or any of
its employees, servants or subcontractors, an employee, servant or agent of the City
for any purpose. The Contractor agrees to be solely responsible for its own matters
relating to the time and place the Work is performed and the method used to
perform such Work; the instrumentalities, tools, supplies, and/or materials
necessary to complete the Work; hiring of subcontractors, agents, or employees to
complete the Work; and the payment of employees, including benefits and
Isaac K. Amanfo
15 Construction Services Agreement | Version 1.0
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
arising out of the Work, performance of contracted services, or operations by the
Contractor, any subcontractor, anyone directly or indirectly employed by the
Contractor or subcontractor, or anyone for whose acts the Contractor or
subcontractor may be liable, regardless of whether or not the act or omission is
caused in part by a party indemnified hereunder. This indemnity obligation does
not include Liabilities caused by or resulting from the sole negligence of an
Indemnified Party. Such obligation shall not be construed to negate, abridge, or
otherwise reduce any other right or obligation of indemnity which would otherwise
exist as to any party or person described in this provision.
In any and all claims against an Indemnified Party, by any employee of the
16 Construction Services Agreement | Version 1.0
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
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.
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(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) RESERVED.
(f) Commercial Umbrella Liability Coverage: $5 million 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;
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premises owned, leased, or used by the Contractor;
automobiles owned, leased, hired, or borrowed by the
Contractor. The coverage shall contain no special limitations
on the scope of protection afforded to the Insured Parties.
Nothing contained in this section shall be construed to
require the Contractor to provide liability insurance
coverage to any Insured Party for claims asserted against
such Insured Party for its sole negligence.
(ii) Primary Insurance Requirement. The Contractor’s
insurance coverage shall be primary noncontributing
insurance as respects to any other insurance or self-insurance
available to the Insured Parties. Any insurance or self-
insurance maintained by the Insured Parties shall be in
excess of the Contractor’s insurance and shall not contribute
with it.
(iii) Reporting 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
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reserves the right to accept alternate notice terms and
provisions, provided they meet the minimum requirements
under Georgia law.
(ii) Starting and Ending Dates. Policies shall have concurrent
starting and ending dates.
(iii) Incorporation of Indemnification Obligations. Policies shall
include an endorsement incorporating the indemnification
obligations assumed by the Contractor under the terms of
this Agreement, including but not limited to Section 7(O) of
this Agreement.
(5) Acceptability of Insurers: The insurance to be maintained by Contractor
must be issued by a company licensed or approved by the Insurance
Commissioner to transact business in the State of Georgia. Such insurance
shall be placed with insurer(s) with an A.M. Best Policyholder’s rating of
no less than “A-” and with a financial rate of Class VII or greater. The
Contractor shall be responsible for any delay resulting from the failure of
its insurer to provide proof of coverage in the proscribed form.
(6) Verification of Coverage: Contractor shall furnish to the City for City
approval certificates of insurance and endorsements to the policies
evidencing all coverage required by this Agreement prior to the start of
work. Without limiting the general scope of this requirement, Contractor is
specifically required to provide an endorsement naming the City as an
additional insured when required. The certificates of insurance and
endorsements for each insurance policy are to be on a form utilized by
Contractor’s insurer in its normal course of business and are to be signed by
a person authorized by that insurer to bind coverage on its behalf, unless
alternate sufficient evidence of their validity and incorporation into the
policy is provided. The City reserves the right to require complete, certified
copies of all required insurance policies at any time. The Contractor shall
provide proof that any expiring coverage has been renewed or replaced prior
to the expiration of the coverage.
(7) Subcontractors: Contractor shall either (1) ensure that its insurance policies
(as described herein) cover all subcontractors and the Work performed by
such subcontractors or (2) ensure that any subcontractor secures separate
policies covering that subcontractor and its Work. All coverage for
subcontractors shall be subject to all of the requirements stated in this
Agreement, including, but not limited to, naming the Insured Parties as
additional insureds.
(8) Claims-Made Policies: Contractor shall extend any claims-made insurance
policy for at least six (6) years after termination or final payment under the
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Agreement, whichever is later, and have an effective date which is on or
prior to the Effective Date.
(9) Progress Payments: The making of progress payments to the Contractor
shall not be construed as relieving the Contractor or its subcontractor or
insurance carriers from providing the coverage required in this Agreement.
Q. Bonds. In public works construction contracts valued at more than one hundred
thousand dollars ($100,000.00) or road construction/maintenance contracts valued
at five thousand dollars ($5,000.00) or more, or in any other instance where the City
has elected to include such bond requirements as exhibits to this Agreement, the
Contractor shall provide Performance and Payment bonds as a condition of this
Agreement. At the conclusion of the Work, Contractor shall also provide City with
a maintenance bond in the amount of one-third (1/3) of the total amount paid under
the Agreement, guaranteeing the repair or replacement caused by defective
workmanship or materials for a period of two (2) years from the completion of the
Work. Bonds shall be provided on the forms attached hereto as “Exhibits D.1, D.2
and D.3” and with a surety licensed to do business in Georgia and listed on the
Treasury Department’s most current list (Circular 570 as amended). Upon the
request of any person or entity appearing to be a potential beneficiary of bonds
covering payment of obligations arising under this Agreement, the Contractor shall
promptly furnish a copy of the bonds or shall permit a copy to be made.
R. Assignment of Agreement. The Contractor covenants and agrees not to assign or
transfer any interest in, or delegate any duties of this Agreement, without the prior
express written consent of the City. As to any approved subcontractors, the
Contractor shall be solely responsible for reimbursing them, and the City shall have
no obligation to them.
S. Employment of Unauthorized Aliens Prohibited – E-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:
(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.
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The Contractor hereby verifies that it has, prior to executing this Agreement,
executed a notarized affidavit, the form of which is provided in “Exhibit G.1”, and
submitted such affidavit to City or provided the City with evidence that it is an
individual not required to provide such an affidavit because it is licensed and in
good standing as noted in sub-subsection (2) above. Further, Contractor hereby
agrees to comply with the requirements of the federal Immigration Reform and
Control Act of 1986 (IRCA), P.L. 99-603, O.C.G.A. § 13-10-91 and Georgia
Department of Labor Rule 300-10-1-.02.
In the event the Contractor employs or contracts with any subcontractor(s) in
connection with the covered contract, the Contractor agrees to secure from such
subcontractor(s) attestation of the subcontractor’s compliance with O.C.G.A. § 13-
10-91 and Rule 300-10-1-.02 by the subcontractor’s execution of the subcontractor
affidavit, the form of which is attached hereto as “Exhibit G.2”, which
subcontractor affidavit shall become part of the contractor/subcontractor
agreement, or evidence that the subcontractor is not required to provide such an
affidavit because it is licensed and in good standing as noted in sub-subsection (2)
above. If a subcontractor affidavit is obtained, Contractor agrees to provide a
completed copy to the City within five (5) business days of receipt from any
subcontractor.
Where Contractor is required to provide an affidavit pursuant to O.C.G.A. § 13-10-
91, the City Manager or his/her designee shall be authorized to conduct an
inspection of the Contractor’s and Contractor’s subcontractors’ verification process
at any time to determine that the verification was correct and complete. The
Contractor and Contractor’s subcontractors shall retain all documents and records
of their respective verification process for a period of five (5) years following
completion of the contract. Further, where Contractor is required to provide an
affidavit pursuant to O.C.G.A. § 13-10-91, the City Manager or his/her designee
shall further be authorized to conduct periodic inspections to ensure that no City
Contractor or Contractor’s subcontractors employ unauthorized aliens on City
contracts. By entering into a contract with the City, the Contractor and Contractor’s
subcontractors agree to cooperate with any such investigation by making their
records and personnel available upon reasonable notice for inspection and
questioning. Where a Contractor or Contractor’s subcontractors are found to have
employed an unauthorized alien, the City Manager or his/her designee may report
same to the Department of Homeland Security. The Contractor’s failure to
cooperate with the investigation may be sanctioned by termination of the contract,
and the Contractor shall be liable for all damages and delays occasioned by the City
thereby.
Contractor agrees that the employee-number category designated below is
applicable to the Contractor. [Information only required if a contractor affidavit is
required pursuant to O.C.G.A. § 13-10-91.] [DESIGNATE/MARK
APPROPRIATE CATEGORY]
____ 500 or more employees.
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____ 100 or more employees.
____ Fewer than 100 employees.
Contractor hereby agrees that, in the event Contractor employs or contracts with
any subcontractor(s) in connection with this Agreement and where the
subcontractor is required to provide an affidavit pursuant to O.C.G.A. § 13-10-91,
the Contractor will secure from the subcontractor(s) such subcontractor(s’)
indication of the above employee-number category that is applicable to the
subcontractor.
The above requirements shall be in addition to the requirements of State and federal
law and shall be construed to be in conformity with those laws.
T. Records, Reports and Audits.
(1) Records:
(a) Books, records, documents, account legers, data bases, and similar
materials relating to the Work performed for the City under this
Agreement (“Records”) shall be established and maintained by the
Contractor in accordance with applicable law and requirements
prescribed by the City with respect to all matters covered by this
Agreement. Except as otherwise authorized or required, such
Records shall be maintained for at least three (3) years from the date
that final payment is made to Contractor by City under this
Agreement. Furthermore, Records that are the subject of audit
findings shall be retained for three (3) years or until such audit
findings have been resolved, whichever is later.
(b) All costs claimed or anticipated to be incurred in the performance of
this Agreement shall be supported by properly executed payrolls,
time records, invoices, contracts, or vouchers, or other official
documentation evidencing in proper detail the nature and propriety
of the charges. All checks, payrolls, invoices, contracts, vouchers,
orders, or other accounting documents pertaining in whole or in part
to this Agreement shall be clearly identified and readily accessible.
(2) Reports and Information: Upon request, the Contractor shall furnish to the
City any and all Records in the form requested by the City. All Records
stored on a computer database must be of a format compatible with the
City’s computer systems and software.
(3) Audits and Inspections: At any time during normal business hours and as
often as the City may deem necessary, Contractor shall make available to
the City or City’s representative(s) for examination all Records. The
Contractor will permit the City or City’s representative(s) to audit, examine,
and make excerpts or transcripts from such Records. Contractor shall
23 Construction Services Agreement | Version 1.0
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
licenses related to the Project may be obtained as part of the Work and shall be
obtained as required. The Contractor shall secure and pay for the building permit
and other permits and governmental fees, licenses and inspections necessary for
proper execution and completion of the Work, which are customarily secured after
execution of the Agreement and which are legally required. Contractor shall
furnish copies of such permits, licenses, etc. to the City within ten (10) days after
issuance.
W. RESERVED.
X. Authority to Contract. The Contractor covenants and declares that it has obtained
all necessary approvals of its board of directors, stockholders, general partners,
limited partners, or similar authorities to simultaneously execute and bind
Contractor to the terms of this Agreement, if applicable.
24 Construction Services Agreement | Version 1.0
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. During the performance of this Agreement, the Contractor
agrees as follows:
1. Compliance with Regulations. The Contractor shall comply with the
Regulations, hereinafter defined, relative to nondiscrimination in federally-assisted
programs of the Department of Transportation (the “DOT”), Title 49, Code of
Federal Regulations, part 21, as they may be amended from time to time (the
“Regulations”), which are herein incorporated by reference and made a part of this
Agreement.
2. Nondiscrimination. The Contractor, with regard to the Work performed by
it during the contract, shall not discriminate on the grounds of race, color, sex,
belief, political affiliation, or national origin in the selection and retention of
employees or subcontractors, including procurement of materials and leases of
equipment. The Contractor shall not participate either directly or indirectly in
discrimination prohibited by Section 21.5 of the Regulations, including
employment practices when the Agreement covers a program set forth in Appendix
B of the Regulations.
3. Solicitations for Subcontracts, Including Procurement of Materials and
Equipment. In all solicitations either by competitive bidding or negotiations made
by the Contractor for Work to be performed under a subcontract, including
procurement of materials or leases of equipment, each potential subcontractor or
supplier shall be notified by the Contractor of the Contractor’s obligations under
this Agreement and the Regulations relative to nondiscrimination on the ground of
race, color, sex, or national origin.
4. Information and Reports. The Contractor shall provide all information and
reports required by the Regulations or directives issued pursuant thereto, and shall
permit access to its books, records, accounts, and other sources of information and
its facilities as may be determined by the County, GDOT, or the Federal Highway
Administration to be pertinent to ascertain compliance with such Regulations,
orders, and instructions. Where any information required of a contractor is in the
exclusive possession of another who fails or refuses to furnish this information, the
25 Construction Services Agreement | Version 1.0
Contractor shall so certify to the County, or GDOT or the Federal Highway
Administration, as appropriate, and shall set forth what efforts it has made to obtain
such information.
5. Sanctions for Noncompliance. In the event of the Contractor’s
noncompliance with the nondiscriminatory provision of this Agreement, County
shall impose contract sanctions as it or GDOT or the Federal Highway
Administration may determine to be appropriate, including, but not limited to:
(a) Withholding of payments to the Contractor under the Agreement
until Contractor complies; and/or
(b) Cancellation, termination, or suspension of the Agreement, in whole
or in part.
6. Incorporation of Provisions. The Contractor shall include the provisions of
paragraphs (1) through (5) in every subcontract, procurement of materials and
leases of equipment, unless exempt by the Regulations, or directives issue thereto.
The Contractor shall take such action with respect to any subcontractor or
procurement as the County or GDOT or the Federal Highway Administration may
direct as a means of enforcing such provisions including sanctioning
noncompliance: Provided, however, that in the event a Contractor becomes
involved in, or is threatened with litigation with a subcontractor or supplier as a
result of such direction, the Contractor may request the County to enter into such
litigation to protect the interest of the County and, in addition, the Contractor may
request the Georgia Department of Transportation to enter into such litigation to
protect the interests of the State and the United States to enter into such litigation
to protect the interests of the United States.
AA. Consultants Assisting with Procurement. As required by O.C.G.A. § 36-80-28,
if the Agreement requires the Consultant to prepare, develop, or draft specifications
or requirements for a solicitation (including bids, requests for proposals,
procurement orders, or purchase orders) or to serve in a consultative role during a
bid or proposal evaluation or negotiation process: (a) the Consultant shall avoid any
appearance of impropriety and shall follow all ethics and conflict-of-interest
policies and procedures of the City; (b) the Consultant shall immediately disclose
to the City any material transaction or relationship, including, but not limited to,
that of the Consultant, the Consultant’s employees, or the Consultant’s agents or
subsidiaries, that reasonably could be expected to give rise to a conflict of interest,
including, but not limited to, past, present, or known prospective engagements,
involvement in litigation or other dispute, client relationships, or other business or
financial interest, and shall immediately disclose any material transaction or
relationship subsequently discovered during the pendency of the Agreement; and
(c) the Consultant agrees and acknowledges that any violation or threatened
violation of this paragraph may cause irreparable injury to the City, entitling the
City to seek injunctive relief in addition to all other legal remedies.
Section 8. Covenants of the 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
26 Construction Services Agreement | Version 1.0
that Contractor shall not unreasonably encumber the Project site(s) with materials
or equipment.
B. City’s Representative. Matthew Fallstrom shall be authorized to act on the City’s
behalf with respect to the Work as the City’s designated representative on this
Project; provided that any changes to the Work or the terms of this Agreement must
be approved as provided in Section 6 above.
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. Warranty. The Contractor warrants to the City and the Contract Administrator that
materials and equipment furnished under the Agreement will be of good quality
and new, unless otherwise required or permitted by the Contract Documents, that
the Work will be free from defects not inherent in the quality required or permitted,
and that the Work will conform to the requirements of the Contract Documents.
Work not conforming to these requirements, including substitutions not properly
approved and authorized, is considered defective. This warranty excludes remedy
for damage or defect caused by abuse by the City or modifications to the Work not
executed by the Contractor or an employee/subcontractor/sub-subcontractor
thereof.
Except as may be otherwise specified or agreed, the Contractor shall repair or
replace all defects in materials, equipment, or workmanship appearing within 2
year(s) (the “Warranty Period”) from the date of final completion at no additional
cost to the City. An inspection shall be conducted by the City or its
representative(s) near the completion of the Warranty Period to identify any issues
that must be resolved by the Contractor. Expiration of the Warranty Period shall
not affect the Contractor’s continued liability under an implied warranty of
merchantability and fitness. All warranties implied by law, including fitness for a
particular purpose and suitability, are hereby preserved and shall apply in full force
and effect beyond any Warranty Period.
Section 10. Termination
A. For Convenience. The City may terminate this Agreement for convenience at any
time upon providing written notice thereof to Contractor at least seven (7) calendar
days in advance of the termination date.
B. For Cause. The Contractor shall have no right to terminate this Agreement prior to
27 Construction Services Agreement | Version 1.0
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
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.
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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,
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
29 Construction Services Agreement | Version 1.0
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. Construction Administration
If a Contract Administrator other than the City has been hired in relation to the Project, the
Contract Administrator’s administration of the construction of the Project shall be as described in
“Exhibit K”, attached hereto. The Contractor agrees to the construction administration provisions
contained in “Exhibit K.”
Section 13. Miscellaneous
A. Complete Agreement. This Agreement, including all of the Contract Documents,
constitutes the complete agreement between the Parties and supersedes any and all
other agreements, either oral or in writing, between the Parties with respect to the
subject matter of this Agreement. No other agreement, statement, or promise
relating to the subject matter of this Agreement not contained in this Agreement or
the Contract Documents shall be valid or binding. This Agreement may be
modified or amended only by a written document signed by representatives of both
Parties with appropriate authorization.
B. Governing Law. This Agreement shall be governed by and construed in accordance
with the laws of the State of Georgia without regard to choice of law principles. If
any action at law or in equity is brought to enforce or interpret the provisions of
this Agreement, the rules, regulations, statutes and laws of the State of Georgia will
control. Any action or suit related to this Agreement shall be brought in the
Superior Court of Fulton County, Georgia or the U.S. District Court for the
Northern District of Georgia – Atlanta Division, and Contractor submits to the
jurisdiction and venue of such court.
C. Counterparts. This Agreement may be executed in any number of counterparts,
30 Construction Services Agreement | Version 1.0
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 Matthew Fallstrom for the City and
___________________ [INSERT CONTACT NAME] for the Contractor.
(2) Official Notices.
All other notices, requests, demands, writings, or correspondence, as required
by this Agreement, shall be in writing and shall be deemed received, and shall
be effective, when (1) personally delivered, or (2) on the third calendar day after
the postmark date when mailed by certified mail, postage prepaid, return receipt
requested, or (3) upon actual delivery when sent via national overnight
commercial carrier to the Party at the addresses given below, or at a substitute
address previously furnished to the other Party by written notice in accordance
herewith:
NOTICE TO CITY shall be sent to:
City of Milton
Attn: Procurement Manager
2006 Heritage Walk
Milton, GA 30004
Isaac K. Amanfo
31 Construction Services Agreement | Version 1.0
NOTICE TO CONTRACTOR shall be sent to:
Summit Construction and Development.
Attn: Ruben Duran
2108 Bentley Dr
Stone Mountain, GA 30087
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
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,
32 Construction Services Agreement | Version 1.0
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.
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]
33 Construction Services Agreement | Version 1.0
CONTRACTOR: Summit Construction and
Development, LLC
By: ________________________________________
Print Name: _________________________________
Its: [CIRCLE ONE]
Member/Manager (LLC)
Attest/Witness:
____________________________________________
Print Name: ___________________________________
Its: ______________________________________
CITY OF MILTON, GEORGIA
By: ___________________________________
Joe Lockwood, Mayor
[CITY SEAL]
Attest:
____________________________________
Print Name:__________________________
Its: City Clerk
Approved as to form:
____________________________________
City Attorney
Ruben Bucio Duran
Ajay Naidu
Estimator/Witness
“EXHIBIT A”
ITB 21-PW01 1 | Page
CITY OF MILTON
INVITATION TO BID
(THIS IS NOT AN ORDER)
Bid Number:
21-PW01
Project Name:
Saddlesprings Drive Culvert Repair
Due Date and Time:
October 8, 2020
Local Time: 2:00 p.m.
Number of Pages: 102
ISSUING DEPARTMENT INFORMATION
Issue Date:
September 10, 2020
City of Milton
Public Works Department
2006 Heritage Walk
Milton, GA 30004
Phone: 678-242-2500
Fax: 678-242-2499
Website: www.cityofmiltonga.us
INSTRUCTIONS TO BIDDERS
Electronic Submittal: **Bids must be
submitted electronically via Milton’s
BidNet procurement portal/platform
at www.cityofmiltonga.us
If you have not registered as a
vendor via BidNet we encourage
you to register. There is no cost to
join, and you will be notified of any
potential bid opportunities with the
City of Milton as well as other
agencies who are part of the
Georgia Purchasing Group.
Mark Face of Envelope/Package:
Bid Number: 21-PW01
Name of Company or Firm
Special Instructions:
Deadline for Written Questions
September 28, 2020 at 5:00 p.m.
Submit questions online via the BidNet
Direct procurement portal at
www.cityofmiltonga.us
BIDDERS MUST COMPLETE THE FOLLOWING
Bidder Name/Address:
Authorized Bidder Signatory:
(Please print name and sign in ink)
Bidder Phone Number: Bidder FAX Number:
Bidder Federal I.D. Number: Bidder E-mail Address:
BIDDERS MUST RETURN THIS COVER SHEET WITH BID RESPONSE
ITB 21-PW01 2 | Page
Table of Contents
Topic Page
Definitions 3
Invitation to Bid 4
Schedule of Events 6
Bidding Instructions (What must be submitted) 7
Insurance/Bond Requirements 8
Bid Form and Addenda Acknowledgement 13
Bid Bond (3 pages) 15
Qualifications Signature and Certification 18
Corporate Certificate 18
List of Subcontractors 19
Contractor Affidavit and Agreement (eVerify) 20
Disclosure Form 21
Project Specifications 22
Bid Schedule Forms (3 pages) 28
General Conditions 31
EPD Air Quality Rules 37
Sample Contract Agreement 38
ITB 21-PW01 3 | Page
DEFINITIONS
COMPW: City of Milton Public Works Department
CY: Cubic Yard
GDOT: Georgia Department of Transportation
ENGINEER: The City of Milton Director of Public Works or a duly authorized
representative.
ADA: Americans with Disabilities Act
EA: Each
GAL: Gallon
LF: Lineal Feet
LM: Lineal Mile
LS: Lump Sum
SY: Square Yard
TN: Ton
MUTCD: Manual on Uniform Traffic Control Devices
OSHA: Occupational Safety and Health Administration
FHWA: Federal Highway Administration
AASHTO: American Association of State Highway and Transportation Officials
ITB 21-PW01 4 | Page
Invitation to Bid 21-PW01
The City of Milton is accepting sealed bids from qualified firms for the
Saddlesprings Drive Culvert Repair Project for the Public Works Department in
conformance with Title 32, Chapter 4, Article 4, Part 2 of the Official Code of
Georgia Annotated. All work will be done in accordance with Georgia
Department of Transportation’s (GDOT) Standard Drawings, Standard
Specifications (current edition), and Pay Items Index as standards and
specifications for the construction and completion of the work required. All
bidders must comply with all general and special requirements of the bid
information and instructions enclosed herein.
Sealed bids will be received no later than 2:00 PM Local Time on October 8,
2020. Electronic bids shall be submitted online via BidNet Direct, the City’s
procurement portal, at www.cityofmiltonga.us .
At approximately 2:30 P.M. Local Time on the day bids are received the bids will
be publicly opened and the bidder’s name and total bid amount will be read
aloud at: City of Milton City Hall, 2006 Heritage Walk, Milton, GA 30004. **Pending
updates relating to COVID-19 the City may conduct the bid opening via a virtual
meeting. Responding bidders will be emailed a meeting link should the need to
hold this type meeting arise. Any other interested members of the public may
attend.
Bids received after the above time will not be accepted.
Questions must be also be submitted online in the same manner listed above for
bids. Deadline for questions is September 28, 2020 at 5:00 p.m. Official answers to
questions and potential change (Addendums) to the ITB (Addendums) will be
posted at the same web locations as the ITB on or about October 1, 2020. Any
other form of interpretation, correction, or change to this ITB will not be binding
upon the City. It is the bidder’s responsibility to check the websites for potential
updates. Please refer to Bid (21-PW01) and bid name (Saddlesprings Drive Culvert
Repair Project) when requesting information.
The City of Milton reserves the right to reject any or all bids and to waive
technicalities and informalities, and to make award in the best interest of the City
of Milton.
The selected contractor must be able to start work within ten (10) calendar days
after the “Notice to Proceed” is issued. The time of completion for the project is
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to be determined prior to the issuance of the “Notice to Proceed.” If weather
(beyond normal) affects the required completion schedule, The City and
selected contractor will negotiate a new completion date. Section 108.08 of the
State of Georgia Department of Transportation Standard Specifications
Construction of Transportation Systems (current edition) shall be applied.
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SCHEDULE OF EVENTS
FOR REFERENCE ONLY - DO NOT SUBMIT WITH BID RESPONSE
EVENT DATE
ITB Issue Date September 10, 2020
Deadline for Receipt of Written Questions 5 PM on September 28, 2020
Posting of Written Answers by City to Websites on or about October 1, 2020
ITB DUE No Later than 2:00 P.M. on October 8, 2020
Tentative Contract Award (on/about) October 19, 2020
Notice to Proceed (on/about) To be coordinated with the Contractor
NOTE: PLEASE CHECK THE CITY WEBSITE (http://www.cityofmiltonga.us) FOR
ADDENDA AND SCHEDULE UPDATES.
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BIDDING INSTRUCTIONS
FAILURE TO RETURN THE FOLLOWING BID DOCUMENTS COULD RESULT IN THE BID
BEING DEEMED NON-RESPONSIVE AND BEING REJECTED:
Item Description Page(s)
1 Filled out and Signed Invitation to Bid (Cover Sheet) 1
2 Bid Form and Addenda Acknowledgement (2 pages) 13-14
3 Bid Bond (3 pages) 15-17
4 Qualifications Signature and Certification 18
5 List of Subcontractors 19
6 Contractor Affidavit and Agreement (eVerify) 20
7 Disclosure Form 21
8 Bid Schedule Forms (3 pages) 28-30
INFORMATION AND INSTRUCTIONS
The purpose of this solicitation is to enter into a unit price “purchasing contract”
with one firm to be the primary supplier of the Saddlesprings Drive Culvert Repair
Project, ITB 21-PW01.
No specification expressed or implied shall be construed as any type of restrictive
specification that would limit competition.
Unless clearly shown as “no substitute” or any words to that effect, any items in
these contract documents which have been identified, described or referenced
by a brand name or trade name are for reference only. Such identification is
intended to be descriptive but not restrictive and is to indicate the general quality
and characteristics of products that may be offered. Each bid item for which an
equivalent item is proposed must be individually identified on the bid sheet with
the following information: brand name, model or manufacturer’s number or
identification regularly used in the trade. Photographs, specifications and cut
sheets shall be provided of the proposed alternative. The City shall be the sole
judge of the suitability of the proposed alternative and may consider function,
design, materials, construction, workmanship, finishes, operating features, overall
quality, local service facilities, warranty terms and service or other relevant
features.
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The City reserves the right to cancel the contract at any time with 30 days written
notice.
Title to any supplies, materials, equipment or other personal property shall remain
the Contractors’ until fully paid for by the City.
All items to be bid FOB, Milton, Georgia. No sales taxes are to be charged.
Any damage to any building or traffic control device, or equipment incurred
during the course of work shall be repaired at the Contractor’s expense to the
complete satisfaction of the City of Milton with no additional expense to the City.
EVALUATION
The City intends to evaluate the ITB on the lowest, responsible and responsive
bidder.
Bids may be found nonresponsive at any time during the evaluation or
contract process, if any of the required information is not provided; the
submitted price is found to be inadequate; or the proposal is not within the
specifications described and required in the ITB. If a bid is found to be non-
responsive or non-qualified, it will not be considered further.
INSURANCE REQUIREMENTS
Within ten (10) days of Notice of Award, and at all times that this Contract is in
force, the Contractor shall obtain, maintain and furnish the City Certificates of
Insurance from licensed companies doing business in the State of Georgia with
an A.M. Best Rating A-6 or higher and acceptable to the City.
Within ten (10) days of Notice of Award, and at all times that this Contract is in
force, the Contractor shall obtain, maintain and furnish the City Certificates of
Insurance from licensed companies doing business in the State of Georgia with
an A.M. Best Rating A-6 or higher and acceptable to the City. Insurance
requirements are provided below and included in the CONTRACT AGREEMENT
(Section 7.K).
(1) Requirements: The Contractor shall have and maintain in full force and
effect for the duration of this Agreement, insurance insuring against claims
for injuries to persons or damages to property which may arise from or in
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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 Attorney as to form and content. These
requirements are subject to amendment or waiver if so approved in writing
by the City.
(2) Minimum Limits of Insurance: Contractor shall maintain the following
insurance policies with limits no less than:
(a) Comprehensive General Liability of $1,000,000 (one million dollars)
limit per single occurrence, $2,000,000 (two million dollars) umbrella,
including coverage for bodily and personal injury, sickness, disease
or death, injury to or destruction of property, including loss of use
resulting therefrom, vandalism, property loss and theft.
(b) Comprehensive Automobile Liability (owned, non-owned, hired) of
$1,000,000 (one million dollars) combined single limit per occurrence
for bodily and personal injury, sickness, disease or death, injury to or
destruction of property, including loss of use resulting therefrom.
(c) Workers' Compensation limits as required by the State of Georgia and
Employers Liability limits of $1,000,000 (one million dollars) per
accident.
(3) Deductibles and Self-Insured Retentions: Any deductibles or self-insured
retentions must be declared to and approved by the City in writing.
(4) Other Insurance Provisions: The policy is to contain, or be endorsed to
contain, the following provisions:
(a) General Liability and Automobile Liability Coverage.
(i) The City and City Parties are to be covered as insureds. The
coverage shall contain no special limitations on the scope of
protection afforded to the City or City Parties.
(ii) The Contractor’s insurance coverage shall be primary
noncontributing insurance as respects to any other insurance
or self-insurance available to the City or City Parties. Any
insurance or self-insurance maintained by the City or City
Parties shall be in excess of the Contractor’s insurance and
shall not contribute with it.
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(iii) Any failure to comply with reporting provisions of the policies
shall not affect coverage provided to the City or City Parties.
(iv) Coverage shall state that the Contractor’s insurance shall
apply separately to each insured against whom claim is made
or suit is brought, except with respect to the limits of the insurer's
liability.
(v) Coverage shall be provided on a “pay on behalf” basis, with
defense costs payable in addition to policy limits. There shall
be no cross liability exclusion.
(vi) The insurer agrees to waive all rights of subrogation against the
City and City Parties for losses arising from Work performed by
the Contractor for the City for General Liability coverage only.
(b) Workers' Compensation Coverage: The insurer providing Workers’
Compensation Coverage will agree to waive all rights of subrogation
against the City and City Parties for losses arising from Work
performed by the Contractor for the City.
(c) All Coverages:
(i) Each insurance policy required by this clause shall be
endorsed to state that coverage shall not be suspended,
voided, canceled, reduced in coverage or in limits except
after thirty (30) days prior written notice by certified mail, return
receipt requested, has been given to the City.
(ii) Policies shall have concurrent starting and ending dates.
(5) Acceptability of Insurers: Insurance is to be placed with insurers authorized
to do business in the State of Georgia and with an A.M. Bests' rating of no
less than A:VI.
(6) Verification of Coverage: Contractor shall furnish the City with certificates
of insurance and endorsements to the policies evidencing coverage
required by this clause prior to the start of Work. The certificate of insurance
and endorsements shall be on a form utilized by Contractor’s insurer in its
normal course of business and shall be received and approved by the City
within ten (10) days of the Notice of Award. The City reserves the right to
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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 at least two (2) weeks prior to the expiration of
the coverage.
(7) Subcontractors: Contractor shall include all subcontractors as insureds
under its policies or shall furnish separate certificates and endorsements for
each subcontractor. All coverage for subcontractors shall be subject to all
of the requirements stated in this Agreement, including but not limited to
naming the Parties as additional insureds.
(8) Claims-Made Policies: Contractor shall extend any claims-made insurance
policy for at least six (6) years after termination or final payment under the
Agreement, whichever is later.
(9) City as Additional Insured and Loss Payee: The City shall be named as an
additional insured and loss payee on all policies required by this Agreement,
except the City need not be named as an additional insured and loss payee on
any Workers’ Compensation policy.
BONDING REQUIREMENTS
Each bid must be accompanied with a BID BOND (bond only: certified checks or
other forms are not acceptable) in an amount equal to five percent (5%) of the
base bid, payable to the City of Milton. Said bid bond guarantees the bidder will
enter into a contract to construct the project strictly within the terms and
conditions stated in this bid and in the bidding and contract documents, should
the construction contract be awarded.
The Successful Bidder shall be required to furnish PAYMENT AND PERFORMANCE
BONDS for the faithful performance on the contract and a bond to secure
payment of all claims for materials furnished and/or labor performed in
performance of the project, both in amounts equal to one hundred percent
(100%) of the base bid price.
The Successful Bidder shall also be required to furnish a MAINTENANCE BOND, in
the amount of one-third (1/3) of the contract price, guaranteeing the repair or
replacement caused by defective workmanship or materials for a period of two
(2) years from the completion of construction.
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Bonds shall be issued by a corporate surety appearing on the Treasury
Department’s most current list (Circular 570 as amended) and be authorized to
do business in the State of Georgia. Bonds shall be on the forms provided by the
City and subject to the review and approval of the City Attorney.
Date of Bond must not be prior to date of Contract. If Contractor is a Partnership,
all partners shall execute Bond.
OATH
Prior to commencing the Work, the successful bidder shall execute a written oath
as required by O.C.G.A. §§ 32-4-122 and 36-91-21(e).
COST OF PREPARING A BID
The costs for developing and delivering responses to this ITB and any subsequent
presentations of the proposal as requested by the City are entirely the
responsibility of the bidder. The City is not liable for any expense incurred by the
bidder in the preparation and presentation of their proposal. All materials
submitted in response to this ITB become the property of the City of Milton.
ITB 21-PW01 13 | Page
[BIDDERS MUST RETURN THIS FORM WITH BID RESPONSE]
BID FORM and ADDENDA ACKNOWLEDGEMENT
TO: PURCHASING OFFICE
CITY OF MILTON
MILTON, GEORGIA 30004
Ladies and Gentlemen:
In compliance with your Invitation To Bid, the undersigned, hereinafter termed the Bidder,
proposes to enter into a Contract with the City of Milton, Georgia, to provide the
necessary machinery, tools, apparatus, other means of construction, and all materials
and labor specified in the Contract Documents or as necessary to complete the Work in
the manner therein specified within the time specified, as therein set forth, for:
Bid Number 21-PW01
Saddlesprings Drive Culvert Repair Project
The Bidder has carefully examined and fully understands the Contract, Specifications,
and other documents hereto attached, has made a personal examination of the Site of
the proposed Work, has satisfied himself as to the actual conditions and requirements of
the Work, and hereby proposes and agrees that if his bid is accepted, he will contract
with the City of Milton in full conformance with the Contract Documents.
Unless otherwise directed, all work performed shall be in accordance with the Georgia
Department of Transportation Standard Specifications, Construction of Transportation
Systems (current edition).
It is the intent of this Bid to include all items of construction and all Work called for in the
Specifications, or otherwise a part of the Contract Documents.
In accordance with the foregoing, the undersigned proposes to furnish and construct
the items listed in the attached Bid schedule for the unit prices stated.
The Bidder agrees that the cost of any work performed, materials furnished, services
provided or expenses incurred, which are not specifically delineated in the Contract
Documents but which are incidental to the scope, intent, and completion of the
Contract, shall be deemed to have been included in the prices bid.
The Bidder further proposes and agrees hereby to promptly commence the Work with
ITB 21-PW01 14 | Page
adequate forces within ten (10) calendar days from the Notice to Proceed, and to
complete all Work as scheduled in Task Order(s) issued.
If weather affects the required completion schedule, the City and selected Bidder will
negotiate a new completion date.
Attached hereto is an executed Bid Bond in the amount of __________________ Dollars ($
(Five Percent of Amount Bid).
If this bid shall be accepted by the City of Milton and the undersigned shall fail to execute
a satisfactory contract in the form of said proposed Contract, and give satisfactory
Performance and Payment Bonds, or furnish satisfactory proof of carriage of the
insurance required within ten days from the date of Notice of Award of the Contract,
then the City of Milton may, at its option, determine that the undersigned abandoned
the Contract and there upon this bid shall be null and void, and the sum stipulated in the
attached Bid Bond shall be forfeited to the City of Milton as liquidated damages.
Bidder acknowledges receipt of the following addenda:
Addendum No. Date viewed
_______________ _______________
_______________ _______________
Bidder further declares that the full name and resident address of Bidder’s Principal is as
follows:
Signed, sealed, and dated this _______ day of _____________, 20_____
Bidder _______________________ (Seal)
Company Name
Bidder Mailing Address:
___________________________________________
___________________________________________
___________________________________________
Signature: ________________________________________
Print Name: ______________________________________
Title: _____________________________________________
ITB 21-PW01 15 | Page
[BIDDERS MUST RETURN THESE SHEETS WITH BID RESPONSE]
BID BOND
CITY OF MILTON, GEORGIA
BIDDER (Name and Address):
SURETY (Name and Address of Principal Place of Business):
OWNER (hereinafter referred to as the “City” (Name and Address):
City of Milton, Georgia
ATTN: Purchasing Office
2006 Heritage Walk
Milton, Georgia 30004
BID
BID DUE DATE:
PROJECT (Brief Description Including Location):
BOND
BOND NUMBER:
DATE (Not later that Bid due date):
PENAL SUM: _______________________________________________________________________
(Words) (Figures)
IN WITNESS WHEREOF, Surety and Bidder, intending to be legally bound hereby to the
City, subject to the terms printed below or on the reverse side hereof, do each cause this
Bid Bond to be duly executed on its behalf by its authorized officer, agent or
representative.
BIDDER SURETY
(Seal) (Seal)
Bidder’s Name and Corporate Seal Surety’s Name and Corporate Seal
By: By: ___________________________
Signature and Title: Signature and Title:
(Attach Power of Attorney)
Attest: Attest:_________________________
Signature and Title: Signature and Title:
ITB 21-PW01 16 | Page
Note: (1) Above addresses are to be used for giving any notice required by
the terms of this Bid Bond.
(2) Any singular reference to Bidder, Surety, the City or any other party
shall be considered plural where applicable.
1. Bidder and Surety, jointly and severally, bind themselves, their heirs, executors,
administrators, successors and assigns to pay to the City upon Default of Bidder the penal
sum set forth on the face of this Bond.
2. Default of Bidder shall occur upon the failure of Bidder to deliver within the time
required by the Bidding Documents (or any extension of that time agreed to in writing by
the City) the executed Agreement required by the Bidding Documents and any
performance and payment Bonds required by the Bidding Documents.
3. This obligation shall be null and void if:
3.1 The City accepts Bidder’s Bid and Bidder delivers within the time required
by the Bidding Documents (or any extension of that time agreed to in
writing by the City) the executed Agreement required by the Bidding
Documents and any performance and payment Bonds required by the
Bidding Documents; or
3.2 All Bids are rejected by the City; or
3.3 The City fails to issue a Notice of Award to Bidder within the time specified
in the Bidding Documents (or any extension of that time agreed to in writing
by Bidder and, if applicable, consented to by Surety when required by
paragraph 5 hereof).
4. Payment under this Bond will be due and payable upon Default by Bidder within 30
calendar days after receipt by Bidder and Surety of a written Notice of Default from the
City, which Notice will be given with reasonable promptness and will identify this Bond
and the Project and include a statement of the amount due.
5. Surety waives notice of, as well as any and all defenses based on or arising out of,
any time extension to issue a Notice of Award agreed to in writing by the City and Bidder,
provided that the total time, including extensions, for issuing a Notice of Award shall not
in the aggregate exceed 120 days from Bid due date without Surety’s written consent.
6. No suit or action shall be commenced under this Bond either prior to 30 calendar
days after the Notice of Default required in paragraph 4 above is received by Bidder and
Surety or later than one year after Bid due date.
7. Any suit or action under this Bond shall be commenced only in a court of competent
jurisdiction located in the State of Georgia.
8. Notices required hereunder shall be in writing and sent to Bidder and Surety at their
respective addresses shown on the face of this Bond. Such notices may be sent by
personal delivery, commercial courier or by United States Registered or Certified Mail,
ITB 21-PW01 17 | Page
return receipt requested, postage pre-paid, and shall be deemed to be effective upon
receipt by the party concerned.
9. Surety shall cause to be attached to this Bond a current and effective Power of
Attorney evidencing the authority of the officer, agent or representative who executed
this Bond on behalf of Surety to execute, seal and deliver such Bond and bind the Surety
thereby.
10. This Bond is intended to conform to all applicable statutory requirements. Any
applicable requirement of any applicable statute that has been omitted from this Bond
shall be deemed to be included herein as if set forth at length. If any provision of this
Bond conflicts with any applicable statute, then the provision of said statute shall govern
and the remainder of this Bond that is not in conflict therewith shall continue in full force
and effect.
11. The term “Bid” as used herein includes a Bid, offer or proposal, as applicable under
the particular circumstances.
12. The terms of this Bid Bond shall be governed by the laws of the State of Georgia.
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[BIDDERS MUST RETURN THIS FORM WITH BID RESPONSE]
QUALIFICATIONS SIGNATURE AND CERTIFICATION
I certify that this offer is made without prior understanding, agreement, or connection
with any corporation, firm, or person submitting a proposal for the same materials,
supplies, equipment, or services and is in all respects fair and without collusion or fraud. I
understand collusive bidding is a violation of State and Federal Law and can result in
fines, prison sentences, and civil damage awards. I agree to abide by all conditions of
the proposal and certify that I am authorized to sign this proposal for the proposer. I
further certify that the provisions of the Official Code of Georgia Annotated, including
but not limited to Title 32, Chapter 4, Article 4, Part 2 and Sections 45-10-20 et seq. have
not been violated and will not be violated in any respect.
Authorized Signature______________________________Date_______________________
Print/Type Name______________________________________________________________
Print/Type Company Name Here_______________________________________________
CORPORATE CERTIFICATE
I, ___________________________________, certify that I am the Secretary of the Corporation
named as Contractor in the foregoing bid; that _______________________________________
who signed said bid in behalf of the Contractor, was then (title)_________________________
of said Corporation; that said bid was duly signed for and in behalf of said Corporation
by authority of its Board of Directors, and is within the scope of its corporate powers; that
said Corporation is organized under the laws of the State of
_________________________________.
This _________________ day of ________________, 20______
______________________________________(Seal)
(Signature)
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[BIDDERS MUST RETURN THIS FORM WITH BID RESPONSE]
LIST OF SUBCONTRACTORS
I do _________, do not _______, propose to subcontract some of the work on this
project. I propose to Subcontract work to the following subcontractors:
Company Name:___________________________________________________
ITB 21-PW01 20 | Page
[BIDDERS MUST RETURN THIS FORM WITH BID RESPONSE]
CONTRACTOR AFFIDAVIT AND AGREEMENT
STATE OF GEORGIA
CITY OF MILTON
By executing this affidavit, the undersigned contractor verifies its compliance with O.C.G.A. § 13-
10-91, stating affirmatively that the individual, firm, or corporation which is engaged in the physical
performance of services on behalf of the City of Milton has registered with, is authorized to use
and uses the federal work authorization program commonly known as E-Verify, or any subsequent
replacement program, in accordance with the applicable provisions and deadlines established
in O.C.G.A. § 13-10-91. Furthermore, the undersigned contractor will continue to use the federal
work authorization program throughout the contract period and the undersigned contractor will
contract for the physical performance of services in satisfaction of such contract only with
subcontractors who present an affidavit to the contractor with the information required by
O.C.G.A. § 13-10-91(b).
Contractor hereby attests that its federal work authorization user identification number and date
of authorization are as follows:
_________________________________
eVerify Number
_________________________________
Date of Authorization
_________________________________
Name of Contractor
Saddlesprings Drive Culvert Repair Project
Name of Project
City of Milton, Georgia
Name of Public Employer
I hereby declare under penalty of perjury
that the foregoing is true and correct.
Executed on ______, ___, 201__ in _____(city),
______(state).
Signature of Authorized Officer or Agent
_______________________________
Printed Name and Title of Authorized Officer
or Agent
_______________________________
SUBSCRIBED AND SWORN BEFORE ME ON
THIS THE ______ DAY OF ______________,201__.
_________________________________
NOTARY PUBLIC
[NOTARY SEAL]
My Commission Expires:
_________________________________
ITB 21-PW01 21 | Page
DISCLOSURE FORM
This form is for disclosure of campaign contributions and family member relations
with City of Milton officials/employees.
Please complete this form and return as part of your bid package when it is
submitted.
Name of Bidder __________________________________________________
Name and the official position of the Milton Official to whom the campaign
contribution was made (Please use a separate form for each official to whom a
contribution has been made in the past two (2) years.)
________________________________________________________________
List the dollar amount/value and description of each campaign contribution
made over the past two (2) years by the Applicant/Opponent to the named
Milton Official.
Amount/Value Description
________________ ___________________________________________
________________ ___________________________________________
Please list any family member that is currently (or has been employed within the
last 9 months) by the City of Milton and your relation:
________________ ___________________________________________
___________________ ____________________________________________________
ITB 21-PW01 22 | Page
PROJECT SPECIFICATIONS
1. To bid on this contract, the Contractor must be listed on the current Georgia
Department of Transportation Pre-Qualified Contractors list. No exceptions.
Bidders shall submit with the bid a qualification sheet listing project(s) that meet the
experience requirement along with references. List should include project date,
location, description, and contact information.
2. The Contractor shall comply with the plans and specifications for the Saddlesprings Drive
Culvert Repair Project as prepared by BM&K Construction & Engineering (Design
Engineer), dated 8/21/2020. The plans may be downloaded at:
Final Construction Plans Saddlesprings Drive Culvert Repair Project
https://www.cityofmiltonga.us/Home/ShowDocument?id=3061
In addition to other standard specifications referenced herein, the bid package
includes:
a. Construction Drawings;
b. Special Provision 163 – Miscellaneous Erosion Control Items;
c. Special Provision 165 - Maintenance of Temporary Erosion and Sedimentation
Control Devices;
d. Special Provision 171 – Silt Fence;
e. Special Provision 700 – Grassing.
3. Where contract documents reference "The Department" or "GA Department of
Transportation" or “The Engineer”, it shall also mean "City of Milton."
4. All traffic control measures, and detour signage are the responsibility of the Contractor.
Contractor shall coordinate all work with the City of Milton.
5. Replace, in kind, any vegetation or landscaping damaged during construction. Include
cost in the price bid.
6. Unless otherwise directed, all work performed under this contract shall be in
accordance with the Georgia Department of Transportation Standard Specifications,
Construction of Transportation Systems (current edition), and Special Provisions
modifying them, except as noted herein.
ITB 21-PW01 23 | Page
PROJECT SPECIAL PROVISIONS
The right of way and easements for some parcels have not all been acquired at the time this
bid is released. The City anticipates all right of way and easements areas to be acquired by
Notice to Proceed.
All project signage and striping to be pre-marked and approved by Milton Public Works prior
to installation.
PROSECUTION AND PROGRESS
Construction shall begin no later than TEN (10) calendar days past the issuance of Notice to
Proceed. The time of completion for the projects will be (90) ninety days from the date of the
Notice to Proceed.
If weather (beyond normal) affects the required completion schedule, The City and selected
contractor will negotiate a new completion date.
Normal workday for this project shall be 7:30 am to 7:30 pm and the normal workweek shall be
Monday through Friday. The City will consider extended workdays or workweeks upon written
request by the Contractor on a case by case basis. No work will be allowed on Sunday or
national holidays (i.e. Memorial Day, July 4th, Labor Day, etc.). Lane closures will only be
permitted between the hours of 9:00 am and 4:00 pm, Monday-Friday, unless otherwise
approved by the City.
The work will require bidder to provide all labor, administrative forces, equipment, materials
and other incidental items to complete all required work. The City shall perform a Final
Inspection upon completion of all work. The Contractor will be allowed to participate in the
Final Inspection. All repairs shall be completed by the Contractor at his/her expense prior to
issuance of Final Acceptance.
PERMITS AND LICENSES
The Contractor shall procure all permits and licenses, pay all charges, taxes and fees, and give
all notices necessary and incidental to the due and lawful prosecution of the work.
A United States Army Corp of Engineers Preconstruction Notification has been secured by the
owner for this project.
MATERIALS
Contractor will be responsible for replacing any work performed with material from rejected
sample lot at no cost to the City.
ITB 21-PW01 24 | Page
DEVIATION OF QUANTITIES
The quantities given are estimates only and will vary from those indicated. Payment will be
made based on actual quantities of work completed and accepted. The City reserves the
right to add or delete quantities at any time. Contractor will notify the City in writing if
additional items are identified or quantities of contract items will exceed plan. At no time will
Contractor proceed with work outside the prescribed scope of services for which additional
payment will be requested without the written authorization of the City.
EROSION CONTROL
It is the responsibility of the Contractor to follow all Federal, State and Local erosion and
sediment control laws and specifications. This includes meeting all NPDES guidelines. The
Contractor shall serve as the Primary Permittee for this project and is responsible for filing the
NOI and all necessary fees associated with it.
Erosion/Sediment Control measures shall be installed and maintained by the contractor
throughout the duration of the project. The Contractor is responsible for the removal and
disposal, off project site, of all installed temporary erosion/sediment control measures when
affected areas have been restored to a level where vegetative coverings will minimize erosion.
The cost for this will be considered incidental to the project and included in the overall bid.
UTILITIES
There are utilities in the project area. Contractor shall be responsible for locating and
coordinating any utility relocation necessary for completion of the work. Utility plan sheets
provided are based on early coordination and are subject to change.
Call “811 Know what’s below Call before you dig.” Locate, maintain and protect existing
utilities at all times during construction.
TEMPORARY TRAFFIC CONTROL
The Contractor shall, at all times, conduct his work in accordance with the traffic control plan
and so as to assure the least possible obstruction of traffic. The safety and convenience of the
general public and the residents along the roadway and the protection of persons and
property shall be provided for by the Contractor as specified in the State of Georgia,
Department of Transportation Standard Specifications Sections 104.05, 107.09 and 150.
Traffic whose origin and destination are within the limits of the project shall be provided ingress
and egress at all times unless otherwise specified by the City. The ingress and egress include
entrances and exits VIA driveways at various properties, and access to the intersecting roads
and streets. The Contractor shall maintain sufficient personnel and equipment (including
flaggers and traffic control signing) on the project at all times, particularly during inclement
weather, to ensure that ingress and egress are safely provided when and where needed.
ITB 21-PW01 25 | Page
The Contractor shall furnish, install and maintain all necessary and required barricades, signs,
temporary striping and other traffic control devices in accordance with the MUTCD and DOT
specifications, and take all necessary precautions for the protection of the workers and safety
of the public. This shall include variable message boards to be placed near the intersection
location, prior to beginning construction activities, to notify the traveling public of the
upcoming lane closure(s). These variable message boards shall remain in place from to the
beginning construction until substantial completion of the project. There shall be seven (7)
variable message boards, (one in each direction).
All existing signs, markers and other traffic control devices removed or damaged during
construction operations will be reinstalled or replaced at the Contractor’s expense. At no time
will Contractor remove regulatory signing which may cause a hazard to the public. The
Contractor shall, within 24 hours place temporary pavement markings (paint or removable
tape) matching existing pavement markings on milled or patched pavements.
All personnel and equipment required for maintaining temporary traffic control, public
convenience and safety will be included in the contract price.
PROTECTION AND RESTORATION OF PROPERTY AND LANDSCAPE
The Contractor shall be responsible for the preservation of all public and private property,
crops, fish ponds, trees, monuments, highway signs and markers, fences, grassed and sodded
areas, mail boxes and supports, water meters, etc. along and adjacent to the highway, road
or street, and shall use every precaution necessary to prevent damage or injury thereto, unless
the removal, alteration, or destruction of such property is provided for under the contract. No
stone or asphalt chunks shall be left in the right-of-way and screened topsoil shall be placed
in all disturbed areas before grassing. Contractor is responsible for ensuring that all permanent
grassing shall match the existing grassing
When or where any direct or indirect damage or injury is done to public or private property by
or on account of any act, omission, neglect or misconduct in the execution of the work, or in
consequence of the non-execution thereof by the Contractor, he shall restore, at his/her own
expense, such property to a condition similar or equal to that existing before such damage or
injury was done, by repairing, rebuilding or otherwise restoring as may be directed, or she/he
shall make good such damage or injury in an acceptable manner. The Contractor shall
correct all disturbed areas before retainage will be released.
CLEANUP
All restoration and clean-up work shall be performed daily. Operations shall be suspended if
the Contractor fails to accomplish restoration and clean-up within an acceptable period of
time. Asphalt and other debris shall be removed from gutters, sidewalks, yards, driveways, etc.
Failure to perform clean-up activities may result in suspension of the work. Milling operation
shall be followed immediately by clean-up at which the Contractor is to provide power
brooms, vacuum sweepers, power blowers, or other means to remove loose debris or dust. Do
ITB 21-PW01 26 | Page
not allow dust control to restrict visibility of passing traffic or to disrupt adjacent property
owners. All pavement areas shall be clean and dry prior to placing tack coat, asphaltic
concrete or other materials.
SAFETY
Beginning with mobilization and ending with acceptance of work, the Contractor shall be
responsible for providing a clean and safe work environment at the project site. The
Contractor shall comply with all OSHA regulations as they pertain to this project.
QC/QA TESTING OF MATERIALS
The Contractor will be responsible for all quality control testing (sampling, testing, and
inspections) of materials incorporated into the project. All materials and workmanship shall
meet appropriate GDOT specifications. Materials quality control testing types will meet GDOT
specifications at a frequency equal to or exceeding that set by those specifications.
Contractor shall secure the services of a GDOT qualified geotechnical testing firm to perform
all required tests. Test results shall be provided to the City promptly as the work progresses. Tests
shall meet GDOT Specs for type, method, and frequency. This work shall be considered
incidental to the rest of the work and no separate payment will be made.
Contractor will be responsible for replacing any work performed with material from rejected
sample lot at no cost to the City.
PAVEMENT MILLING
The milling equipment shall be a power driven, self-propelled machine which is specifically
designed to mill and remove a specified depth of existing asphalt paving. The equipment shall
be of size, shape and dimensions so as not to restrict the safe passage of traffic in areas
adjacent to the work. Conveyors capable of side, rear or front loading shall be provided
together with the necessary equipment to transfer the milled material from the roadway to a
truck. Dust control shall be such as not to restrict visibility of passing traffic or annoy adjacent
property owners.
The Contractor shall also mill across the whole roadway at the beginning and ending limits of
the project to provide an adequate tie-in with existing pavements.
Topping shall be tapered/feathered so as to tie into existing driveways with the best possible
ride and aesthetic result. Tie-ins shall be marked on. the ground and approved by the City
prior to paving.
Areas where no curb exists are not to be milled except as may be directed on the plans or to
provide adequate tie-in with existing pavement. The milling operation shall provide a
pavement surface that is true to line, grade and cross-section and of uniform texture.
ITB 21-PW01 27 | Page
Areas where curb and gutter exist shall be edge milled to a distance of 6 feet from the edge
of the gutter to provide a level transition from the final paved surface to the top of the gutter
pan. Depth of the edge milling at the gutter shall be equal to the depth of the final asphalt
topping coarse.
A ten-foot straightedge shall be maintained in the vicinity of the milling operation at all times
for the purpose of measuring surface irregularities of the milled pavement surface. The
Contractor shall provide the straightedge and labor for its use. All irregularities in excess of 1/8"
in 10' shall be re-milled at no additional cost.
The finished cross slope shall be uniform to a degree that no depressions or misalignment of
slope greater than 1/4" in 12' are present when tested with a straightedge placed
perpendicular to the centerline. The finished pavement surface will be subject to visual and
straightedge inspection.
The Contractor shall be responsible to repair any damage to existing curbs, aprons, and
driveways caused by the Contractor’s operations at no additional cost to the City.
All material generated as a result of the milling operation shall become the property of the
Contractor. The milled material shall be stockpiled, recycled and utilized by the bidder as a
means to offset the unit cost of patching.
After milling is completed all loose and flaking masses of asphalt shall be removed.
The Contractor and City shall measure all work and determine the total pavement area in
square yards, to establish the basis of payment for the milling work.
BITUMINOUS TACK COAT
This work shall consist of the placement of bituminous tack on all areas. The cost of bituminous
tack shall be included in the cost of the project. Bituminous tack is not measured as a separate
pay item. AC-20 or AC-30 shall be used. All surfaces shall be cleaned completely and
thoroughly before any tack is applied. Tack shall not be applied when the pavement is wet.
Bituminous tack coat shall be applied between .03 to .06 gallons per square yard.
SHORING
This work consists of furnishing, placing, maintaining, and removing all materials and
equipment required for shoring as shown on the Plans and as described in other Special
Provisions. It also includes all incidentals and additional work related to shoring. The Engineer
will require the Contractor to submit drawings of the proposed shoring for review. The
Contractor shall not start work until the Engineer completes the review. The review will not
relieve the Contractor of responsibility for the adequate and safe performance of the shoring.
ITB 21-PW01 28 | Page
[BIDDERS MUST RETURN THIS FORM WITH BID RESPONSE]
BID SCHEDULE SADDLESPRINGS DRIVE CULVERT REPAIR PROJECT (3 SHEETS)
Pay
Item # Description Unit Quantity Unit Price TOTAL
150-1000 TRAFFIC CONTROL LS 1
207-0203 FOUND BACKFILL MATL, TP
II CY 50
210-0100 GRADING COMPLETE LS 1
310-5080 GR AGGR BASE CRS, 8
INCH, INCL, MATL SY 550
318-3000 AGGR SURF CRS TN 25
402-3100
RECYCLED ASPH CONC 9.5
MM SUPERPAVE, TYPE 1, GP
1 OR BLEND 1, INCL BITUM
MATL & H LIME (165 LB/SY)
TN 50
402-3111
RECYCLED ASPH CONC 19
MM SUPERPAVE, GP 1 OR
2, INCL BITUM MATL & H
LIME (220 LB/SY)
TN 65
413-0750 TACK COAT GL 65
500-9999 CLASS B CONC,6 INCH
BASE OR PVMT WIDENING CY 15
522-1000 SHORING LS 1
600-0001 FLOWABLE FILL CY 220
610-9099 REMOVE WINGWALLS &
PARAPETS LS 1
620-0100 TEMPORARY BARRIER,
METHOD NO.1 LF 461
634-1200 RIGHT OF WAY MARKERS EA 8
643-0050 TEMPORARY FIELD FENCE LF 320
643-8210
FOUR-BOARD WOODEN
FENCE (PAINTED TO
MATCH EXISTING)
LF 320
500-3002 CLASS AA CONCRETE CY 100
511-1100 BAR REINF STEEL LB 8250
603-2024 STN DUMPED RIP RAP, TP 1,
24 IN SY 60
603-7000 PLASTIC FILTER FABRIC SY 60
700-6910 PERMANENT GRASSING AC 0.13
700-7000 AGRICULTURAL LIME TN 0.03
700-8000 FERTILIZER MIXED GRADE TN 0.03
ITB 21-PW01 29 | Page
700-8100 FERTILIZER NITROGEN
CONTENT LB 7
700-9300 SOD - BERMUDA SY 1225
716-2000 EROSION CONTROL MATS,
SLOPE SY 1150
163-0232 TEMPORARY GRASSING AC 0.25
163-0240 MULCH TN 0.10
163-1930
CONSTRUCT AND REMOVE
COMPOST FILTER SOCK, 18
IN
LF 215
165-0030
MAINTENANCE OF
TEMPORARY SILT FENCE,
TYPE C
LF 600
165-1500
MAINTENANCE OF
COMPOST FILTER SOCK
(ALL SIZES)
LF 50
167-1000
WATER QUALITY
MONITORING AND
SAMPLING
EA 1
167-1500 WATER QUALITY
INSPECTIONS MO 3
171-0030 TEMPORARY SILT FENCE,
TYPE C LF 1,200
SUB-TOTAL BID ESTIMATE
Miscellaneous Construction Contingency
LS $50,000
QA/QC per GDOT sampling and Testing
Manual LS
Saddlesprings Drive Culvert Repair - PROJECT TOTAL:
ITB 21-PW01 30 | Page
[BIDDERS MUST RETURN THIS FORM WITH BID RESPONSE]
Bid Submittal Form – Saddlesprings Drive Culvert Repair Project ~ Total 3 Pages
Saddlesprings Drive Culvert Repair Project:
Total Price _________________________________________
Print Bid Price _______________________________________________
The undersigned, as bidder, declares and represents that it has examined the site
of the work and informed himself/herself fully in regard to all conditions pertaining
to the place where the work is to be performed, including those conditions
affecting the cost of the work and the delivery, handling and storage of materials
and equipment. The bidder has examined and read the Bidding Document and
has satisfied himself/herself that the Bidding Document is an adequate and
acceptable reflection of the work which is required to be performed and that the
bidder is willing and able to perform all of the work necessary. The bidder further
certifies that no additional information is required to complete the work
encompassed by this bid within the cost and schedule established and agreed
upon within this bidding document.
In compliance with the attached Specification, the undersigned offers and
agrees that if this Bid is accepted, by the City Council within One Hundred and
Twenty (120) days of the date of Bid opening, that he will furnish any or all of the
Items upon which Prices are quoted, at the Price set opposite each Item,
delivered to the designated point(s) within the time specified in the Bid Schedule.
COMPANY_________________________________________________________________
ADDRESS__________________________________________________________________
AUTHORIZED SIGNATURE____________________________________________________
PRINT / TYPE NAME _________________________________________________________
TITLE _______________________________________________________________________
ITB 21-PW01 31 | Page
GENERAL CONDITIONS
Unless otherwise directed, all work performed under this contract shall be in
accordance with the Georgia Department of Transportation Standard
Specifications, Construction of Transportation Systems (current edition), and
Special Provisions modifying them, except as noted below.
SECTION 101 DEFINITION AND TERMS
Section 101.10 Delete as written and substitute the
BOARD following:
CITY COUNCIL OF CITY OF MILTON,
GEORGIA
Section 101.14 Delete as written and substitute the
COMMISSIONER following:
DIRECTOR OF PUBLIC WORKS, CITY OF
MILTON
Section 101.16 Delete the second paragraph and substitute
CONTRACT the following:
The Contract Documents shall be composed
of the Advertisement for Bid; Notice to
Contractors; Form of Bid Proposal; General
Conditions; Special Provisions; Detail
Specifications, as identified in Section 105.03;
Form of Contract; Form of Bond(s); Addenda;
the drawings, including all changes
incorporated herein before their execution;
and also any Change Orders and Supplemental
Agreements that are required to complete the
construction of The Work in an acceptable
manner, including authorized extensions
thereof, all of which constitute one instrument.
No oral agreement or orders are to be
considered as valid or as a part of the
Contract.
Section 101.22 Delete as written and substitute the
DEPARTMENT following:
PUBLIC WORKS DEPARTMENT CITY OF
MILTON
ITB 21-PW01 32 | Page
Section 101.24 Delete as written and substitute the
ENGINEER following:
DIRECTOR OF PUBLIC WORKS, CITY OF
MILTON, ACTING DIRECTLY OR
THROUGH A DULY AUTHORIZED
REPRESENTATIVE OF THE DIRECTOR
Section 101.47 Delete as written and substitute
STATE HIGHWAY ENGINEER following:
DIRECTOR OF PUBLIC WORKS, CITY OF
MILTON, ACTING DIRECTLY OR
THROUGH A DULY AUTHORIZED
REPRESENTATIVE OF THE DIRECTOR
Section 101.74 Retain as written and substitute the
SUPPLEMENTAL AGREEMENT following:
Any Supplemental Agreement that has a
dollar value amount that is less than
$25,000.00 shall not require the assent of the
Surety."
Section 101.84 Add: DIRECTOR OF PUBLIC WORKS
CITY OF MILTON
SECTION 102 - BIDDING REQUIREMENTS AND CONDITIONS
Section 102.05 EXAMINATION OF PLANS, Add the following paragraph:
SPECIFICATIONS, SPECIAL PROVISIONS, “The City will not be responsible for
AND SITE OF THE WORK Bidders’ errors or misjudgment, nor for any
information on local conditions or general
laws and regulations.”
Section 102.07 REJECTION OF Add the following subparagraphs
PROPOSALS “I. The City reserves the right to reject any
and all bids, to waive technicalities, and to
make an award as deemed in its best interest. It
is understood that all bids are made subject to
this Agreement, that the City reserves the right
to award the bid to the lowest, responsible
Bidder, and in arriving at this decision, full
consideration will be given to the reputation of
the Bidder, his financial responsibility, and
work of this type successfully completed.
ITB 21-PW01 33 | Page
“J. The
City also reserves the right to reject any and all
bids from any person, firm, or corporation who
is in arrears in any debt or obligation to The
City of Milton, Georgia.”
Section 102.08 PROPOSAL Substitute the following for the first
GUARANTY sentence
“No bid will be considered unless it is
accompanied by an acceptable bid bond an
amount not less than five percent (5%) of the
amount bid and made payable to City of
Milton, Georgia. Such Bid Bond shall be on the
forms provided by the City.”
Add Section 102.15
ADDENDA AND INTERPRETATION Delete in its entirety and substitute the
following:
Bids shall be submitted on the Bid Form
provided by the City.
The bid package as described in Notice to
Contractors, Page 1 must be submitted with the
bid. Failure to do so could result in the
omission of pertinent documents and the
rejection of the apparent low bid.”
Section 102.09
DELIVERY OF PROPOSALS: Add the following as 102.15:
“No interpretation of the meaning of the
Contract Documents will be made orally to any
Bidder. Any request for such interpretation
should be in writing addressed to the
Purchasing Department, The City of Milton
2006 Heritage Walk Milton, Ga. 30004. TEL.
678/242-2500, FAX 678/242-2499.Each such
interpretation shall be given in writing,
separately numbered and dated, and furnished
to each interested Bidder. Any request not
received in time to accomplish such
interpretation and distribution will not be
accepted.
ITB 21-PW01 34 | Page
SECTION 103 - AWARD OF AWARD AND EXECUTION OF CONTRACT
Section 103.02 AWARD OF CONTRACT Delete in its entirety and substitute
the following:
“The contract, if awarded, shall be awarded to
the lowest responsible bidder. The City of
Milton reserves the right to exercise exclusive
discretion as to the responsibility of any bidder.
The contract shall be executed on the forms
attached, will be subject to all requirements of
the Contract Document, and shall form a
binding Contract between the contracting
parties.”
Section 103.05 REQUIREMENTS OF Delete in its entirety and substitute the
CONTRACT BONDS following:
“At the time of the execution of the contract,
and as a part thereof, the successful bidder
shall furnish Contract Bond Below:
Performance Bond in the full amount of the
contract. Payment Bond in the full amount of
the contract. Maintenance bond in the amount
of one-third (1/3) of the contract. “
Section 103.07 FAILURE TO Delete in its entirety and substitute the
EXECUTE CONTRACT following:
“Failure to execute the Contract Performance,
Payment or Maintenance Bonds, or furnish
satisfactory proof of carriage of the insurance
required within ten days after the date of Notice
of Award of the Contract, may be just cause for
the annulment of the award and for the
forfeiture of the proposal guaranty to the City
of Milton, not as a penalty, but as liquidation of
damages sustained. At the discretion of the
City, the award may then be made to the next
lowest bidder, may be re-advertised, or may be
constructed by City forces. The Contract and
Contract bonds shall be executed in
quadruplicate.”
ITB 21-PW01 35 | Page
SECTION 107 - LEGAL REGULATIONS AND RESPONSIBILITY TO THE PUBLIC
Section 107.18 ACQUISITION OF Add the following paragraph:
RIGHT OF WAY “The Contractor shall inspect all easements
and rights-of-way to ensure that the City has
obtained all land and rights-of-way necessary
for completion of the Work to be performed
pursuant to the Contract Documents. The
Contractor shall comply with all stipulations
contained in easements acquired by the
Department.”
Section 107.21 CONTRACTORS Add the following sentence to
Paragraph A:
RESPONSIBILITY FOR UTILITY “The Contractor is responsible for the
PROPERTY AND SERVICE location of above and below ground Utilities
and structures which may be affected by the
Work.”
SECTION 109 MEASUREMENT AND PAYMENT
Section 109.07 PARTIAL PAYMENTS Delete the first sentence of the
Second Paragraph under ‘A. General”
As long as the gross value of completed work
is less than 50% of the total Contract amount,
or if the Contractor is not maintaining his
construction schedule to the satisfaction of the
Engineer, the Department shall retain 10% of
the gross value of the work that has been
completed as indicated by the current estimate
certified by the Engineer for payment.
Section 109.08 FINAL PAYMENT Delete in its entirety and substitute the
Following:
“Final Payment: Upon completion by the
Contractor of the work, including the receipt of
any final written submission of the Contractor
and the approval thereof by the Department, the
CITY will pay the Contractor a sum equal to
100 percent (100%) of the compensation set
forth herein, less the total of all previous partial
payments, paid or in the process of payment.
ITB 21-PW01 36 | Page
The Contractor agrees that acceptance of this
final payment shall be in full and final
settlement of all claims arising against the
CITY for work done, materials furnished, costs
incurred, or otherwise arising out of this
Agreement and shall release the CITY from
any and all further claims of whatever nature,
whether known or unknown for and on account
of said Agreement, and for any and all work
done, and labor and materials furnished, in
connection with same.”
ITB 21-PW01 37 | Page
***NOTICE TO CONTRACTORS***
EPD AIR QUALITY RULES ON OPEN BURNING REFER TO CHAPTER
391-3-1-02-05
For additional/information, please contact:
Georgia Department of Natural Resources
Environmental Protection Division
Air Protection Branch
4244 International Parkway, Suite 120
Atlanta, GA 30354
404/363-7000; 404/362-2534 – FAX
~ SAMPLE CONTRACT INTENTIONALLY OMITTED ~
1 | Page
ITB2 1 -PW01-Addendum #1
ACKNOWLEDGEMENT
RECEIPT OF ADDENDUM #1
ITB 2-PW01
Upon receipt of documents, please email, fax or mail this page to:
City of Milton
Attn: Honor Motes, Purchasing Office
2006 Heritage Walk
Milton, GA 30004
Phone: 678-242-2500
Fax: 678-242-2499
Email: honor.motes@cityofmiltonga.us
I hereby acknowledge receipt of documents pertaining to the above referenced
ITB.
COMPANY NAME: ___________________________________________
CONTACT PERSON: _________________________________________
ADDRESS: __________________________________________________
CITY: _________________ STATE: ____________ ZIP: _____________
PHONE: ______________________ FAX: _________________________
EMAIL ADDRESS: ___________________________________________
____________________________________ ______________________
Signature Date
ADDENDUM #1
2 | Page
ITB2 1 -PW01-Addendum #1
ADDENDUM #1
ITB 21-PW01
Questions and Answers
This Addendum forms a part of the contract documents and modifies the original ITB
documents as noted below:
1. Will you be adding a line item for the quantity of milling required, as noted on P.
26 of Bid Docs? Milling for butt joints will be incidental with the paving work and
will not be measured separately for payment. The cost of milling shall be included
with the overall bid.
2. How many similar project references are required and within last 5 years
acceptable? and Does precast culvert projects accepted as references?
Preferably three (3) similar projects at a minimum. Precast projects will carry less
weight as a reference to this project as this is a cast in place project.
3. Line item 402-3111 calls for 19 mm asphalt, however, in the Summary of Quantities
and the Typical Section it calls for 25 mm asphalt. Please clarify. Thank you. The
required typical section for the roadway will be utilizing 19MM mix and not 25MM.
4. Can you advise if the pre-bid is mandatory & the duration of this project? There is
no pre-bid meeting scheduled. The selected contractor must be able to start
work within ten (10) calendar days after the “Notice to Proceed” is issued. The
time of completion for the project is to be determined prior to the issuance of the
“Notice to Proceed”.
“EXHIBIT B”
HOME OF'THE BEST QUALITY OF LIFE IN GEORGIA CITY OF MILTON
MILTON INVITATION TO BID
ESTABLISHED 2006
(THIS IS NOT AN ORDER)
Bid Number:
Project Name:
21-PW01
Saddlesprings Drive Culvert Repair
Due Date and Time:
Public Works Department
October 8, 2020
Number of Pages: 102
Local Time: 2:00 p.m.
Milton, GA 30004
ISSUING DEPARTMENT INFORMATION
Issue Date:
September 10, 2020
City of Milton
Phone: 678-242-2500
Public Works Department
Fax: 678-242-2499
2006 Heritage Walk
Website: www.cityofmiltonga.us
Milton, GA 30004
Special Instructions:
INSTRUCTIONS TO BIDDERS
Electronic Submittal: **Bids must be
Mark Face of Envelope/Package:
submitted electronically via Milton's
Bid Number: 21-PW01
BidNet procurement portal/platform
Name of Company or Firm
at www. cityofmiltongo.us
If you have not registered as a
Special Instructions:
vendor via BidNet we encourage
Deadline for Written Questions
you to register. There is no cost to
September 28, 2020 at 5:00 p.m.
join, and you will be notified of any
potential bid opportunities with the
Submit questions online via the BidNet
City of Milton as well as other
Direct procurement portal at
agencies who are part of the
www.cityofmiltonga.us
Georgia Purchasing Group.
BIDDERS MUST COMPLETE THE FOLLOWING
Bidder Name/Address:
Authorized Bidder Signato
Ruben Bucio Duran, President
Ruben Bucio Duran,
2108 BentleyDrive Stone Mountain GA 30087
Please print name and si n in ink
Bidder Phone Number:
Bidder FAX Number:
770-413-0093
770-413-0050
Bidder Federal I.D. Number:
Bidder E-mail Address:
26-3950335
rduran@summitcd.com ; cc: scdestimator@summitcd.com
BIDDERS MUST RETURN THIS COVER SHEET WITH
BID RESPONSE
ITB 21-PWO1 1 1 Page
MILT)Nl�
ESTABLISHED 2006
[BIDDERS MUST RETURN THIS FORM WITH BID RESPONSE]
BID FORM and ADDENDA ACKNOWLEDGEMENT
TO: PURCHASING OFFICE
CITY OF MILTON
MILTON, GEORGIA 30004
Ladies and Gentlemen:
In compliance with your Invitation To Bid, the undersigned, hereinafter termed the Bidder,
proposes to enter into a Contract with the City of Milton, Georgia, to provide the
necessary machinery, tools, apparatus, other means of construction, and all materials
and labor specified in the Contract Documents or as necessary to complete the Work in
the manner therein specified within the time specified, as therein set forth, for:
Bid Number 21-PW01
Saddlesprings Drive Culvert Repair Project
The Bidder has carefully examined and fully understands the Contract, Specifications,
and other documents hereto attached, has made a personal examination of the Site of
the proposed Work, has satisfied himself as to the actual conditions and requirements of
the Work, and hereby proposes and agrees that if his bid is accepted, he will contract
with the City of Milton in full conformance with the Contract Documents.
Unless otherwise directed, all work performed shall be in accordance with the Georgia
Department of Transportation Standard Specifications, Construction of Transportation
Systems (current edition).
It is the intent of this Bid to include all items of construction and all Work called for in the
Specifications, or otherwise a part of the Contract Documents.
In accordance with the foregoing, the undersigned proposes to furnish and construct
the items listed in the attached Bid schedule for the unit prices stated.
The Bidder agrees that the cost of any work performed, materials furnished, services
provided or expenses incurred, which are not specifically delineated in the Contract
Documents but which are incidental to the scope, intent, and completion of the
Contract, shall be deemed to have been included in the prices bid.
The Bidder further proposes and agrees hereby to promptly commence the Work with
ITB 21-PWO1 13
adequate forces within ten (10) calendar days from the Notice to Proceed, and to
complete all Work as scheduled in Task Order(s) issued.
If weather affects the required completion schedule, the City and selected Bidder will
negotiate a new completion date.
Attached hereto is an executed Bid Bond in the amount of 5% of amount bid Dollars ($
(Five Percent of Amount Bid).
If this bid shall be accepted by the City of Milton and the undersigned shall fail to execute
a satisfactory contract in the form of said proposed Contract, and give satisfactory
Performance and Payment Bonds, or furnish satisfactory proof of carriage of the
insurance required within ten days from the date of Notice of Award of the Contract,
then the City of Milton may, at its option, determine that the undersigned abandoned
the Contract and there upon this bid shall be null and void, and the sum stipulated in the
attached Bid Bond shall be forfeited to the City of Milton as liquidated damages.
Bidder acknowledges receipt of the following addenda:
Addendum No.
Date viewed
10/05/2020
10/05/2020
Bidder further declares that the full name and resident address of Bidder's Principal is as
follows:
Signed, sealed, and dated this Stn
Bidder Mailing Address:
2108 Bentley Drive
Stone Mountain GA 30087
Signature:
day of October 2020
BidderSummit Construction s Development LLC (Seal)
Company Name
Print Name: Ruben Bucio Duran
Title: President
ITB 21-PWO1 14 1 Page
Tq
ESTABLISHED 2006
[BIDDERS MUST RETURN THESE SHEETS WITH BID RESPONSE]
BID BOND
CITY OF MILTON, GEORGIA
BIDDER (Name and Address):
Summit Construction & Development, LLC, 2108 Bentley Dr., Stone Mountain GA 30087
SURETY (Name and Address of Principal Place of Business):
Great Midwest Insurance Company, 800 Gessner, Suite 600, Houston TX 77024
OWNER (hereinafter referred to as the "City" (Name and Address):
City of Milton, Georgia
ATTN: Purchasing Office
2006 Heritage Walk
Milton, Georgia 30004
BID
BID DUE DATE: October 8, 2020
PROJECT (Brief Description Including Location):
21-PWO1 Saddlesprings Drive Culvert Repair
BOND
BOND NUMBER: n/a bid
DATE (Not later that Bid due date): October 8, 2020
PENAL SUM: Five Percent of Amount Bid $5% amt bid
(Words)
(Figures)
IN WITNESS WHEREOF, Surety and Bidder, intending to be legally bound hereby to the
City, subject to the terms printed below or on the reverse side hereof, do each cause this
Bid Bond to be duly executed on its behalf by its authorized officer, agent or
representative.
BIDDER
Summit Construction & Development, Leal)
Bidder's Name and Corporate Seal
By:
Signature and Title: R--,. nRuC-� a CA"
Attest:
Signature and Title:�jcxN�
ITB 21-PWO1 /QIfneSs
SURETY
Great Midwest Insurance Company` (Seal)'-' `
n�
Surety's Namb a9d Ctorparate: Seal
By. vin. 4torylCz,'Atttor e-in-lacf
Signature and Title: an l;e.rgia :t.nr on',rA entAngennt
(Attach wer oLAAttdLe�y)
s'
Attest:
Signature and Title: Eileen Heard, Surety Witness
151 Page
Note: (1) Above addresses are to be used for giving any notice required by
the terms of this Bid Bond.
(2) Any singular reference to Bidder, Surety, the City or any other party
shall be considered plural where applicable.
1. Bidder and Surety, jointly and severally, bind themselves, their heirs, executors,
administrators, successors and assigns to pay to the City upon Default of Bidder the penal
sum set forth on the face of this Bond.
2. Default of Bidder shall occur upon the failure of Bidder to deliver within the time
required by the Bidding Documents (or any extension of that time agreed to in writing by
the City) the executed Agreement required by the Bidding Documents and any
performance and payment Bonds required by the Bidding Documents.
3. This obligation shall be null and void if:
3.1 The City accepts Bidder's Bid and Bidder delivers within the time required
by the Bidding Documents (or any extension of that time agreed to in
writing by the City) the executed Agreement required by the Bidding
Documents and any performance and payment Bonds required by the
Bidding Documents; or
3.2 All Bids are rejected by the City; or
3.3 The City fails to issue a Notice of Award to Bidder within the time specified
in the Bidding Documents (or any extension of that time agreed to in writing
by Bidder and, if applicable, consented to by Surety when required by
paragraph 5 hereof).
4. Payment under this Bond will be due and payable upon Default by Bidder within 30
calendar days after receipt by Bidder and Surety of a written Notice of Default from the
City, which Notice will be given with reasonable promptness and will identify this Bond
and the Project and include a statement of the amount due.
5. Surety waives notice of, as well as any and all defenses based on or arising out of,
any time extension to issue a Notice of Award agreed to in writing by the City and Bidder,
provided that the total time, including extensions, for issuing a Notice of Award shall not
in the aggregate exceed 120 days from Bid due date without Surety's written consent.
6. No suit or action shall be commenced under this Bond either prior to 30 calendar
days after the Notice of Default required in paragraph 4 above is received by Bidder and
Surety or later than one year after Bid due date.
7. Any suit or action under this Bond shall be commenced only in a court of competent
jurisdiction located in the State of Georgia.
8. Notices required hereunder shall be in writing and sent to Bidder and Surety at their
respective addresses shown on the face of this Bond. Such notices may be sent by
personal delivery, commercial courier or by United States Registered or Certified Mail,
ITB 21-PWO1 16 1 Page
return receipt requested, postage pre -paid, and shall be deemed to be effective upon
receipt by the party concerned.
9. Surety shall cause to be attached to this Bond a current and effective Power of
Attorney evidencing the authority of the officer, agent or representative who executed
this Bond on behalf of Surety to execute, seal and deliver such Bond and bind the Surety
thereby.
10. This Bond is intended to conform to all applicable statutory requirements. Any
applicable requirement of any applicable statute that has been omitted from this Bond
shall be deemed to be included herein as if set forth at length. If any provision of this
Bond conflicts with any applicable statute, then the provision of said statute shall govern
and the remainder of this Bond that is not in conflict therewith shall continue in full force
and effect.
11. The term "Bid" as used herein includes a Bid, offer or proposal, as applicable under
the particular circumstances.
12. The terms of this Bid Bond shall be governed by the laws of the State of Georgia.
ITB 21-PWO1 17 1 Page
POWER OF ATTORNEY GM -205137
Great Midwest Insurance Company
KNOW ALL MEN BY THESE PRESENTS, that GREAT MIDWEST INSURANCE COMPANY, a Texas Corporation, with its principal office
in Houston, TX, does hereby constitute and appoint:
Dale A. Belis, Marilyn Ann Blome, Donald Bramlage, Edward M. Clark, Christian Collins, F. Danny Gann, David R. Hoover, Jarrett
Meducci, Laura D. Mosholder, Charles J. Nielson, Jessica P. Reno, Brett Rosenhaus, Audria R. Ward, Edward T. Ward, Kevin Wojtowicz,
Richard Zimmerman
its true and lawful Attorneys) -In -Fact to make, execute, seal and deliver for, and on its behalf as surety, any and all bonds, undertakings or other
writings obligatory in nature of a bond.
This authority is made under and by the authority of a resolution which was passed by the Board of Directors of GREAT
URANCE COMPANY, on the 1 s' day of October, 2018 as follows:
Resolved, that the President, or any officer, be and hereby is, authorized to appoint and empower any representative of the Company or
person or persons as Attorney -In -Fact to execute on behalf of the Company any bonds, undertakings, policies, contracts of indemnity or other
igs obligatory in nature of a bond not to exceed Ten Million dollars ($10,000,000.00), which the Company might execute through its duly elected
:rs, and affix the seal of the Company thereto. Any said execution of such documents by an Attorney -In -Fact shall be as binding upon the
pany as if they had been duly executed and acknowledged by the regularly elected officers of the Company. Any Attorney -in -Fact, so appointed,
be removed in the Company's sole discretion and the authority so granted may be revoked as specified in the Power of Attorney.
Resolved, that the signature of the President and the seal of the Company may be affixed by facsimile on any power of attorney gran
the signature of the Secretary, and the seal of the Company may be affixed by facsimile to any certificate of any such power and any s
er or certificate bearing such facsimile signature and seal shall be valid and binding on the Company. Any such power so executed and se,
certificate so executed and sealed shall, with respect to any bond of undertaking to which it is attached, continue to be valid and binding on
IN WITNESS THEREOF, GREAT MIDWEST INSURANCE COMPANY, has caused this instrument to be signed by its President, and
e Seal to be affixed this 15th day of October, 2018.
ACKNOWLEDGEMENT
GREAT MIDWEST INSUR CE COMPANY
BY �(�C
Peter B. Smith
President
On this 15th day of October, 2018, before me, personally came Peter B. Smith to me known, who being duly sworn, did depose and say
he is the President of GREAT MIDWEST INSURANCE COMPANY, the corporation described in and which executed the above instrument;
he executed said instrument on behalf of the corporation by authority of his office under the By-laws of said corporation.
u u� CHRISTINA BISHOP
��:,�$ Notary Public, State of Texas
n� Comm. Expires 04.14-2021
BY
Christina Bishop
, }`
Notary ID 131080488
Notary Public
CERTIFICATE
I, the undersigned, Secretary of GREAT MIDWEST INSURANCE COMPANY, A Texas Insurance Company, DO HEREBY CERTIFY that
the original Power of Attorney of which the foregoing is a true and correct copy, is in full force and effect and has not been revoked and the resolutions
as set forth are now in force.
Signed and Sealed at Houston, TX this Day o 20L) .
�iwsu '
-GORPORATE
ars BY
LL
�> > L(.h_?
1 Leslie K. Sha
unty
RP
Secretary
�S OOOR�'
"WARNING: Any person who-k_.r�gly and with intent to defraud any insurance company or other person, files and application for insurance of claim
containing any mat&rlaltgaMg'6 t rmation, or conceals for the purpose of misleading, Information concerning any fact material thereto, commits a
fraudulent Insurance act, w�ls a crime and subjects such person to criminal and civil penalties.
MILTON'k�
ESTABLISHED 2006
[BIDDERS MUST RETURN THIS FORM WITH BID RESPONSE]
QUALIFICATIONS SIGNATURE AND CERTIFICATION
I certify that this offer is made without prior understanding, agreement, or connection
with any corporation, firm, or person submitting a proposal for the same materials,
supplies, equipment, or services and is in all respects fair and without collusion or fraud. I
understand collusive bidding is a violation of State and Federal Law and can result in
fines, prison sentences, and civil damage awards. I agree to abide by all conditions of
the proposal and certify that I am authorized to sign this proposal for the proposer. I
further certify that the provisions of the Official Code of Georgia Annotated, including
but not limited to Title 32, Chapter 4, Article 4, Part 2 and Sections 45-10-20 et seq. have
not been violated and will not be violated in any respect.
Authorized Signature_ Date ioioBizozo
Print/Type Name Ruben Bucio Duran
Print/Type Company Name Here summit Construction& Development LLG
CORPORATE CERTIFICATE
I, Ruben Bucio Duran certify that I am the Secretary of the Corporation
named as Contractor in the foregoing bid; that Ruben Bucio Duran
who signed said bid in behalf of the Contractor, was then (title) President
of said Corporation; that said bid was duly signed for and in behalf of said Corporation
by authority of its Board of Directors, and is within the scope of its corporate powers; that
said Corporation is organized under the laws of the State of
Georgia
This 8th day of October 20 zo
(Seal)
( a ure)
ITB 21-PWO1 18 1 Page
SUMMIT
CONSTRUCTION & DEVELOPMENT
SUMMIT CONSTRUCTION & DEVELOPMENT
STATEMENT OF PROPOSERS QUALIFICATIONS
ITB 21-PW01— SADDLEDPRINGS DRIVE CULVERT REPAIR
1. Project Approach and Methodology
8 Summit Construction & Development's strategic approach of your project will deliver a quality product that is
on-time and in budget.
We understand this project's Scope of work includes grading, demolition, erosion control, culvert replacement
concrete and heavy civil steel work, fencing and other related work.
Our firm uses the latest equipment and innovative systems such as a cloud platform for project management
communication, scheduling and coordination and Trimble 3D GPS for earth work grading, which reduces human
error and increases accuracy and production rate.
We have in-house crews and owned equipment and trucks for all related trades, which makes us more efficient
in accomplishing projects within time and budget.
2. Project History
8 Our firm has been involved in a variety of projects since its inception, more than 12 years ago. We have
completed projects for various municipalities, counties, government agencies and large commercial contractors,
having accomplished even the most challenging projects successfully, within schedule requirements and under
budget. The following list contains just a few of the projects with similar scope and size, that ore in process or
completed over the last 3 years:
1. Tru Hotel by Hilton,1270 Thorton Rd., Lithia Springs, GA. Our scope of work includes Building
Demolition, site development storm drainage, footings, elevator pit and retaining walls. Contract
value: $1,244,962.81
2. Hampton Inn- Hardeeville, 104 Brooks Willis Drive, Hardeeville, SC 29927. Our scope of work includes
Demolition, earthwork, storm drainage, sewer, water, fire line, and site development. Contract value:
$1,400,700.00
3. SR 131 Buford Hwy Sidewalk Improvements, South Berkley lake road to north Berkley road. Our scope
work includes Erosion control, grading, GAB installation, Asphaltic Concrete, Storm Drainage, Striping
and grassing. Contract value: $767,894.50
Summit Construction & Development
2108 Bentley Drive, Stone Mountain, GA 30087
Phone: 770.413.0093 Email: info@summitcd.com
4. Gwinnett County Justice and Administration center, 75 Langley Dr., Lawrenceville, GA 30046. Our scope
of work includes Demolition, Grading, drainage, storm drain, site development. Contract value:
$644,384.05
5. Rockdale county Milstead 11 Drainage Improvements, 962 Milstead Avenue, Conyers, GA 30012. Our
scope of work includes Grading, storm drainage, domestic water installation, Asphalt paving. Contract
value: $701,844.45
6. Beaver Ruin Road Multiuse Greenway Trail, our scope of work includes Erosion control, grading,
concrete sidewalk, curb and gutter, storm drainage, manholes. Contract value: $703,523.99
7. Douglas County Bakers bridge/Sweetwater Church/Highpoint/Dorris Roads Intersection
Improvements. Our scope of work includes concrete work, asphalt Storm drainage. Contract value:
$663,872.80
A complete list of our projects is available upon request.
3. Manpower & Delivery Schedule
8 1. The current value of work -in -progress over 6 million dollars and current manpower and resources can
accommodate our projected workload with ability to perform new projects with no issues.
2. We have a dedicated Project Managers, Superintendents, and support system to accomplish this
project successfully, within milestone goals and budget. Our in-house crews are experienced in all
trades necessary to complete this project and are trained to produce quality work.
3. We have 40+ direct field employees.
4. Company History
8 1. Summit Construction & Development has been in business for 12 years.
2. The firm has only operated under its current name.
3. No, we do not have any bankruptcies.
No, we do not have any lawsuits against our company.
S. References
Location
Contract
Date
%
Name & Address of
Email/Phone
amount
Complete
com
Owner/Engineer
plet
e
Goode Road, Rockdale
$627,364.38
06/30/202
100
Todd A. Cosby, PE
678-281-4848
county culvert
0
%
962 Milstead Ave,
Conyers, GA 30012
North Road, Gwinnett
$1,114,464.00
08/25/201
100
Dan Wnek,
678-848-5718/
County
6
%
75 Langley Drive,
Dan.Wnek@oneatlas.com
Lawrenceville, GA
Summit Construction & Development
2108 Bentley Drive, Stone Mountain, GA 30087
Phone: 770.413.0093 Email: info@summitcd.com
Milstead Road,
$701,844.45
08/23/201
100
Todd A. Cosby, PE
678-281-4848
Rockdale county
8
%
962 Milstead Ave,
Conyers, GA 30012
Swan Drive Culvert
$548,278.75
In progress
5%
David Huff, Paulding
770-445-4759
Replacement, Paulding
County
County
Nichols Box Culvert,
$121,366.44
May, 2014
100
Tim Allen, Forsyth
770-781-2165 /
Forsyth county
%
County
tlallen@forsythco.com
Storm Drain
$216,566.20
In progress
2%
Cesar Sanchez, 347
770-288-7254 /
replacement Chestnut
Phillips Drive,
csanchez@co.henry.ga.us
Lake drive, Box Culvert
McDonough, GA
30253
$348,587.20
In progress
Henry County
Woodstown Road
_
0%
Cesar Sanchez, 347
770-288-7254 /
Storm drain repair, Box
Phillips Drive,
csanchez@co.henry.ga.us
Culvert
McDonough, GA
30253
Henry County
Summit Construction & Development
2108 Bentley Drive, Stone Mountain, GA 30087
Phone: 770.413.0093 Email: info@summitcd.com
MILTONIP
ESTABLISHED 2OD6
[BIDDERS MUST RETURN THIS FORM WITH BID RESPONSE]
LIST OF SUBCONTRACTORS
I do�, do not , propose to subcontract some of the work on this
project. I propose to Subcontract work to the following subcontractors:
u
Company Name: summa Construction & Development LLC
ITB 21-PWO1 19
111r,
MILTON
ESTABLISHED 2006
[BIDDERS MUST RETURN THIS FORM WITH BID RESPONSE]
CONTRACTOR AFFIDAVIT AND AGREEMENT
STATE OF GEORGIA
CITY OF MILTON
By executing this affidavit, the undersigned contractor verifies its compliance with O.C.G.A. § 13-
10-91, stating affirmatively that the individual, firm, or corporation which is engaged in the physical
performance of services on behalf of the City of Milton has registered with, is authorized to use
and uses the federal work authorization program commonly known as E -Verify, or any subsequent
replacement program, in accordance with the applicable provisions and deadlines established
in O.C.G.A. § 13-10-91. Furthermore, the undersigned contractor will continue to use the federal
work authorization program throughout the contract period and the undersigned contractor will
contract for the physical performance of services in satisfaction of such contract only with
subcontractors who present an affidavit to the contractor with the information required by
O.C.G.A. § 13-10-91(b).
Contractor hereby attests that its federal work authorization user identification number and date
of authorization are as follows:
357508
eVerify Number
09/14/2020
Date of Authorization
_Summit Construction & Development LLC
Name of Contractor
Saddlesprinas Drive Culvert Repair Project
Name of Project
City of Milton, Georgia
Name of Public Employer
I hereby declare under penalty of perjury
that the foregoing is true and correct.
Executed on Octobe 8th Stone Moun in
s _ 20120 in (CITY),
GA (state).
Signature uthorized Officer or Agent
Printed Name and Title of Authorized Officer
or Agent
Ruben Bucio Duran
SUBSCRIBP AND SWORN BEFORE ME ON
THIS THE DAY OF _QC, ,20t! b.
NOTAR
VALERIE DENISE DIGBY
[N Q Notary Public, Georgia
s•:--••- GwinnettCounty
�FIP 4���� My Copomi I sion S Zxpires
My Com , s(�`xires-
ITB 21-PWO1 20 1
MILTON
ESTABLISHED 2006
DISCLOSURE FORM
This form is for disclosure of campaign contributions and family member relations
with City of Milton officials/employees.
Please complete this form and return as part of your bid package when it is
submitted.
Name of Bidder Summit Construction & Development LLC
Name and the official position of the Milton Official to whom the campaign
contribution was made (Please use a separate form for each official to whom a
contribution has been made in the past two (2) years.)
N/A
List the dollar amount/value and description of each campaign contribution
made over the past two (2) years by the Applicant/Opponent to the named
Milton Official.
Amount/Value Description
N/A N/A
Please list any family member that is currently (or has been employed within the
last 9 months) by the City of Milton and your relation:
N/A
N/A
ITB 21-PWO1 21 1 Page
MILTON I k
ESTABLISHED 2006
ACKNOWLEDGEMENT
RECEIPT OF ADDENDUM #1
ITB 2-PW01
Upon receipt of documents, please email, fax or mail this page to:
City of Milton
Attn: Honor Motes, Purchasing Office
2006 Heritage Walk
Milton, GA 30004
Phone: 678-242-2500
Fax: 678-242-2499
Email: honor.motes@citvofmiltonga.us
I hereby acknowledge receipt of documents pertaining to the above referenced
ITB.
COMPANY NAME: Summit Construction & Development LLC
CONTACT PERSON: Ruben Bucio Duran
ADDRESS: 2108 Benuey D.
CITY: Stone Mountain STATE: _GA ZIP: nnwu
PHONE: 770-413-0093 FAX: 770-413-0050
EMAIL ADDRESS: RDURANCaaSUMMITCD.COM . CC. SCDESTIMATOR(&SUMMITCD COM
Sig.
ADDENDUM #1
I T B 2 1 - P W 0 1 - \ddendunl #I
10/08/2020
Date
ADDENDUM #1
ITB 21-PWO1
Questions and Answers
This Addendum forms a part of the contract documents and modifies the original ITB
documents as noted below:
1. Will you be adding a line item for the quantity of milling required, as noted on P.
26 of Bid Docs? Milling for butt joints will be incidental with the paving work and
will not be measured separately for payment. The cost of milling shall be included
with the overall bid.
2. How many similar project references are required and within last 5 years
acceptable? and Does precast culvert projects accepted as references?
Preferably three (3) similar projects at a minimum. Precast projects will carry less
weight as a reference to this project as this is a cast in place project.
3. Line item 402-3111 calls for 19 mm asphalt, however, in the Summary of Quantities
and the Typical Section it calls for 25 mm asphalt. Please clarify. Thank you. The
required typical section for the roadway will be utilizing 19MM mix and not 25MM.
4. Can you advise if the pre-bid is mandatory & the duration of this project? There is
no pre-bid meeting scheduled. The selected contractor must be able to start
work within ten (10) calendar days after the "Notice to Proceed" is issued. The
time of completion for the project is to be determined prior to the issuance of the
"Notice to Proceed".
2IPage
ITB21-PW01-AddenduIII Rl
ESTABLISHED 2006
[BIDDERS MUST RETURN THIS FORM WITH BID RESPONSE]
BID SCHEDULE SADDLESPRINGS DRIVE CULVERT REPAIR PROJECT [3 SHEETSI
Pay
Item #
Description
Unit
Quantity
Unit Price
TOTAL
150-1000
TRAFFIC CONTROL
LS
1
$9,400.00
$9,400.00
FOUND BACKFILL MATL, TP
207-0203
11
CY
50
$45.00
$2,250.00
210-0100
GRADING COMPLETE
LS
1
$88,605.50
$88,605.50
GR AGGR BASE CRS, 8
310-5080
INCH, INCL, MATL
SY
550
$1850
$10,175.00
318-3000
AGGR SURF CRS
TN
25
$34.00
$850.00
RECYCLED ASPH CONC 9.5
MM SUPERPAVE, TYPE 1, GP
402-3100
TN
50
1 OR BLEND 1, INCL BITUM
MATL & H LIME 165 LB/SY)$�ao.00
$7,000.00
RECYCLED ASPH CONC 19
$14000
$9,100.00
MM SUPERPAVE, GP 1 OR
402-3111
TN
65
2, INCL BITUM MATL & H
LIME 220 LB/SY
413-0750
TACK COAT
GL
65
CLASS B CONC,6 INCH
500-9999
BASE OR PVMT WIDENING
CY
15
$zoo.00
$3,000.00
522-1000
SHORING
LS
1
$146,000.00
$146,000.00
600-0001
FLOWABLE FILL
CY
220
225.00
$49,500.00
REMOVE WINGWALLS &
610-9099
PARAPETS
LS
1
$28,000.00
$28.000.00
620-0100
TEMPORARY BARRIER,
LF
461
$48.00
$22,128.00
METHOD NO.1
634-1200
RIGHT OF WAY MARKERS
EA
8
643-0050
TEMPORARY FIELD FENCE
LF
320
$5.50
$1,760.00
FOUR -BOARD WOODEN
643-8210
FENCE PAINTED TO
LF
320
MATCH EXISTING
$24.50
$7,84000
500-3002
CLASS AA CONCRETE
CY
100
$940.00
$94,000.00
511-1100
BAR REINF STEEL
LB
8250
50
$20,625.00
STN DUMPED RIP RAP, TP 1,
603-2024
24 IN
SY
60
$75.00
$4,500.00
603-7000
PLASTIC FILTER FABRIC
SY
60
$5.50
$330.00
700-6910
PERMANENT GRASSING
AC
0.13
$2,000.00
$260.00
700-7000
AGRICULTURAL LIME
TN
0.03
$350.00
$10.50
700-8000
FERTILIZER MIXED GRADE
TN
0.03
$650.00
SM50 71
ITB 21-PWO1 28
ITB 21-PWO1 29 1 Page
FERTILIZER NITROGEN
700-8100
LB
7
CONTENT
$2.50
$17.50
700-9300
SOD - BERMUDA
SY
1225
$7.25
$8881.25
EROSION CONTROL MATS,
716-2000
SLOPE
SY
1150
$1.50
$1,725.00
163-0232
TEMPORARY GRASSING
AC
0.25
$1.200.00
$300.00
163-0240
MULCH
TN
0.10
$500.00
$50.00
CONSTRUCT AND REMOVE
163-1930
COMPOST FILTER SOCK, 18
LF
215
N
$12.50
$2,687.50
MAINTENANCE OF
165-0030
TEMPORARY SILT FENCE,
LF
600
TYPE C
$1.00
$600.00
MAINTENANCE OF
165-1500
COMPOST FILTER SOCK
LF
50
$2.00
$100.00
ALL SIZES
WATER QUALITY
$450.00
167-1000
MONITORING AND
EA
1
$450.00
SAMPLING
WATER QUALITY
$450.00
167-1500
MO
3
INSPECTIONS
171-0030
TEMPORARY SILT FENCE,
LF
1,200
$2.95
$3,540.00
TYPE C
SUB-TOTAL BID ESTIMATE
$526,172.25
Miscellaneous Construction Contingency
LS
$50,000
QA/QC per GDOT sampling and Testing
Manual
LS
$15,000.00
Saddlesprings Drive Culvert Repair - PROJECT TOTAL:
$591,172.25
ITB 21-PWO1 29 1 Page
MITTON*
ESTABLISHED 2006
[BIDDERS MUST RETURN THIS FORM WITH BID RESPONSE]
Bid Submittal Form - Saddlesprings Drive Culvert Repair Project - Total 3 Pages
Saddlesprings Drive Culvert Repair Project:
Total Price $59117225
Print Bid Price Five Hundred Ninety -One Thousand One Hundred Seventy -Two Dollars and Twenty -Five Cents
The undersigned, as bidder, declares and represents that it has examined the site
of the work and informed himself/herself fully in regard to all conditions pertaining
to the place where the work is to be performed, including those conditions
affecting the cost of the work and the delivery, handling and storage of materials
and equipment. The bidder has examined and read the Bidding Document and
has satisfied himself/herself that the Bidding Document is an adequate and
acceptable reflection of the work which is required to be performed and that the
bidder is willing and able to perform all of the work necessary. The bidder further
certifies that no additional information is required to complete the work
encompassed by this bid within the cost and schedule established and agreed
upon within this bidding document.
In compliance with the attached Specification, the undersigned offers and
agrees that if this Bid is accepted, by the City Council within One Hundred and
Twenty (120) days of the date of Bid opening, that he will furnish any or all of the
Items upon which Prices are quoted, at the Price set opposite each Item,
delivered to the designated point(s) within the time specified in the Bid Schedule.
COMPANY Summit Construction a Development LLC
ADDRESS 2108 Bentley Drive, Stone Mountain, GA 30087
AUTHORIZED SIGNATUR
PRINT / TYPE NAME Ruben Bucio Duran
TITLE president
ITB 21-PWO1 30 1
“EXHIBIT C”
See Exhibits “A” and “B”.
The Work consists of performing all necessary construction to implement the design plans, drafted
by BM&K Construction, Inc, that were referenced in the ITB, as clarified by additional comments
and specification in the ITB. The City has attempted to estimate the units of specific materials and
labor required for this Work in the bid schedule, but recognizes that additional materials or
construction activity may be required to fully implement the plans.
“EXHIBITS D.1, D.2 & D.3”
Bond No. GM205147
"EXHIBIT D.1"
PERFORMANCE BOND
CITY OF MILTON, GEORGIA
KNOW ALL MEN BY THESE PRESENTS THAT Summit Construction and
Development, LLC (as CONTRACTOR, hereinafter referred to as the "Principal"), and
Great Midwest Insurance Company (as SURETY COMPANY, hereinafter referred
to as the "Contractor's Surety"), are held and firmly bound unto City of Milton, Georgia (as
OWNER, hereinafter referred to as the "City"), for the use and benefit of the City, in the sum of
Five Hundred Ninety-one Thousand One Hundred Seventy-two dollars and Twenty-five cents
($591,172.25), lawful money of the United States of America, for the payment of which the
Principal and the Contractor's Surety bind themselves, their heirs, executors, administrators,
successors and assigns, jointly and severally, firmly by these presents.
WHEREAS, the Principal has entered, or is about to enter, into a certain written agreement
with the City for the construction of a project known as Saddlesprings Drive Culvert Repair
(hereinafter referred to as "the Project"), which agreement is incorporated herein by reference in
its entirety (hereinafter referred to as the "Contract").
NOW THEREFORE, the conditions of this obligation are as follows:
1. That if the Principal shall fully and completely perform each and all of the terms, provisions
and requirements of the Contract, including and during the period of any warranties or
guarantees required thereunder, and all modifications, amendments, changes, deletions,
additions, and alterations thereto that may hereafter be made, and if the Principal and the
Contractor's Surety shall indemnify and hold harmless the City from any and all losses,
liability and damages, claims, judgments, liens, costs and fees of every description,
Bond No. GM205147
including but not limited to, any damages for delay, which the City may incur, sustain or
suffer by reason of the failure or default on the part of the Principal in the performance of
any and all of the terms, provisions, and requirements of the Contract, including all
modifications, amendments, changes, deletions, additions, and alterations thereto, and any
warranties or guarantees required thereunder, then this obligation shall be void; otherwise
to remain in full force and effect;
2. In the event of a failure of performance of the Contract by the Principal, which shall
include, but not be limited to, any breach or default of the Contract:
a. The Contractor's Surety shall commence performance of its obligations and
undertakings under this Bond no later than thirty (30) calendar days after written
notice from the City to the Contractor's Surety; and
b. The means, method or procedure by which the Contractor's Surety undertakes to
perform its obligations under this Bond shall be subject to the advance written
approval of the City.
The Contractor's Surety hereby waives notice of any and all modifications, omissions,
additions, changes, and advance payments or deferred payments in or about the Contract, and
agrees that the obligations undertaken by this Bond shall not be impaired in any manner by reason
of any such modifications, omissions, additions, changes, and advance payments or deferred
payments. The Parties further expressly agree that any action on this Bond may be brought within
the time allowed by Georgia law for suit on contracts under seal.
IN WITNESS WHEREOF, the Principal and Contractor's Surety have hereunto affixed
their corporate seals and caused this obligation to be signed by their duly authorized officers or
attorneys -in -fact, as set forth below.
Bond No. GM205147
Attest:
(signature)
4N" "� (print)
1
Title: W i6 -Ss,
Date:
CONTRACTOR ("Principal"):
Summit Construction and Development, LLC
By: T ' (signature)
(print)
Title: �(SEAL)
Date: ( 29 12-020
, 1p
"Vow
CONTRACTOR'S SURETY:
Great Midwest Insurance Company
�/,
By: (signature)
Kevin Wojtowicz (print)
Attorney-in-fact and
Title: Georgia Licensed Nonresident Agent (SEAL)
Attest: Dated:
(signature)
Eileen Heard
(print)
Title: Witness
Dated:
(ATTACH SURETY'S POWER OF ATTORNEY)
"EXHIBIT D.2"
Bond No. GM205147 PAYMENT BOND
CITY OF MILTON, GEORGIA
KNOW ALL MEN BY THESE PRESENTS THAT Summit Construction and
Development, LLC (as CONTRACTOR, hereinafter referred to as the "Principal"), and
Great Midwest Insurance Company (as SURETY COMPANY, hereinafter referred
to as the "Contractor's Surety"), are held and firmly bound unto City of Milton, Georgia (as
OWNER, hereinafter referred to as the "City"), for the use and benefit of any "Claimant," as
hereinafter defined, in the sum of Five Hundred Ninety-one
Thousand One Hundred Seventy-two dollars and Twenty-five cents ($591,172.25), lawful money
of the United States of America, for the payment of which the Principal and the Contractor's Surety
bind themselves, their heirs, executors, administrators, successors and assigns, jointly and
severally, firmly by these presents.
WHEREAS, the Principal has entered, or is about to enter, into a certain written agreement
with the City for the construction of a project known as Saddlesprings Drive Culvert Repair
(hereinafter referred to as "the Project"), which agreement is incorporated herein by reference in
its entirety (hereinafter referred to as the "Contract").
NOW THEREFORE, the condition of this obligation is such that if the Principal shall
promptly make payment to any Claimant, as hereinafter defined, for all labor, services, and
materials used or reasonably required for use in the performance of the Contract, then this
obligation shall be void; otherwise to remain in full force and effect.
A "Claimant" shall be defined herein as any subcontractor, person, parry, partnership,
corporation, or other entity furnishing labor, services, or materials used or reasonably required for
Bond No. GM205147
use in the performance of the Contract, without regard to whether such labor, services, or materials
were sold, leased, or rented, and without regard to whether such Claimant is or is not in privity of
the Contract with the Principal or any subcontractor performing Work on the Project.
In the event of any claim made by the Claimant against the City, or the filing of a lien
against the property of the City affected by the Contract, the Contractor's Surety shall either settle
or resolve the claim and shall remove any such lien by bond or otherwise as provided in the
Contract.
The Parties further expressly agree that any action on this Bond may be brought within the
time allowed by Georgia law for suit on contracts under seal.
IN WITNESS WHEREOF, the Principal and Contractor's Surety have hereunto affixed
their corporate seals and caused this obligation to be signed by their duly authorized officers, as
set forth below.
[SIGNATURES ON FOLLOWING PAGE]
Bond No. GM205147
Attest:
@A�l - — (signature)
-NCLtk NWQL (printed)
Title:
Date:
Attest:
41
�ignature)
Eileen Heard (printed)
Title: Witness
Date:
CONTRACTOR: Summit Construction and
Development. LLC
By: (signature)
(printed),,_,,
Title:
Title: (Sl✓AL•)':..;�',�U.:
Date: 1O 219 202® ��' •
3',;1�t
=
POWER OF ATTORNEY
GM -205147
Great Midwest Insurance Company
KNOW ALL MEN BY THESE PRESENTS, that GREAT MIDWEST INSURANCE COMPANY, a Texas Corporation, with its principal offio
n Houston, TX, does hereby constitute and appoint:
Dale A. Belis, Marilyn Ann Blome, Donald Bramlage, Edward M. Clark, Christian Collins, F. Danny Gann, David R. Hoover, Jarrett
Merlucci, Laura D. Mosholder, Charles J. Nielson, Jessica P. Reno, Brett Rosenhaus, Audria R. Ward, Edward T. Ward, Kevin Wojtowicz,
Richard Zimmerman
is true and lawful Attorney(s)-In-Fact to make, execute, seal and deliver for, and on its behalf as surety, any and all bonds, undertakings or othe
vritings obligatory in nature of a bond.
This authority is made under and by the authority of a resolution which was passed by the Board of Directors of GREAT
NSURANCE COMPANY, on the 1g' day of October, 2018 as follows:
Resolved, that the President, or any officer, be and hereby is, authorized to appoint and empower any representative of the Company or
other person or persons as Attorney -In -Fact to execute on behalf of the Company any bonds, undertakings, policies, contracts of indemnity or other
writings obligatory in nature of a bond not to exceed Ten Million dollars ($10,000,000.00), which the Company might execute through its duly elected
officers, and affix the seal of the Company thereto. Any said execution of such documents by an Attorney -In -Fact shall be as binding upon the
Company as if they had been duly executed and acknowledged by the regularly elected officers of the Company. Any Attorney -In -Fact, so appointed,
may be removed in the Company's sole discretion and the authority so granted may be revoked as specified in the Power of Attorney.
Resolved, that the signature of the President and the seal of the Company may be affixed by facsimile on any power of attorney granted,
the signature of the Secretary, and the seal of the Company may be affixed by facsimile to any certificate of any such power and any such
sr or certificate bearing such facsimile signature and seal shall be valid and binding on the Company. Any such power so executed and sealed
certificate so executed and sealed shall, with respect to any bond of undertaking to which it is attached, continue to be valid and binding on the
IN WITNESS THEREOF, GREAT MIDWEST INSURANCE COMPANY, has caused this instrument to be signed by its President, and
e Seal to be affixed this 15th day of October, 2018.
ACKNOWLEDGEMENT
GREAT
MIDWEST INSUR CE COMPANY
BY
Peter B. Smith
President
On this 15th day of October, 2018, before me, personally came Peter B. Smith to me known, who being duly sworn, did depose and say
he is the President of GREAT MIDWEST INSURANCE COMPANY, the corporation described in and which executed the above instrument;
he executed said instrument on behalf of the corporation by authority of his office under the By-laws of said corporation.
CHRISTINA BISHOP
Notary Publle, State of Texas
f Comm. Expires 04-14-2021
Notary ID 131090468
CERTIFICATE
BY
Christina Bishop
Notary Public
I, the undersigned, Secretary of GREAT MIDWEST INSURANCE COMPANY, A Texas Insurance Company, DO HEREBY CERTIFY
original Power of Attorney of which the foregoing is a true and correct copy, is in full force and effect and has not been revoked and the resolut
set forth are now in force.
and Sealed at Houston, TX this
Day of 20029
BY otw �X\,
Leslie K. Shaunty
Secretary
"WARNING. Any person who knowingly and with Intent to defraud any insurance company or other person, files and application for insurance of clal
containing any materially false information, or conceals for the purpose of misleading, information concerning any fact material thereto, commits
fraudulent Insurance act, which is a crime and subjects such person to criminal and cIvII penalties.
“EXHIBIT D.3”
MAINTENANCE BOND
CITY OF MILTON, GEORGIA
KNOW ALL MEN BY THESE PRESENTS THAT Summit Construction and
Development, LLC (as CONTRACTOR, hereinafter referred to as the “Principal”), and
_________________________ (as SURETY COMPANY, hereinafter referred to as the
“Contractor’s Surety”), are held and firmly bound unto the City of Milton, Georgia (as OWNER,
hereinafter referred to as the “City”), for the use and benefit of the City for maintenance of
improvements as described below in the sum of
________________________________________________ ($_________________________)
(one third of the total amount paid under the Contract), lawful money of the United States of
America, for the payment of which the Principal and the Contractor’s Surety bind themselves, their
heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these
presents.
WHEREAS, the Principal has entered into a certain written agreement with the City for
the construction of a project known as Saddlesprings Drive Culvert Repair (hereinafter referred to
as “the Project”), which agreement is incorporated herein by reference in its entirety (hereinafter
referred to as the “Contract”).
WHEREAS, said Project has been approved by the City of Milton, under the terms that a
maintenance bond is required of said Principal and good and sufficient surety payable to the City,
and conditioned that the Principal shall, for a period of two (2) year beginning on the date of final
completion of the Project, repair and replace any defects arising from the Project in accordance
with all applicable federal and state laws, with the Agreement, and with all applicable City
regulations, including but not limited to the Code of Ordinances for the City of Milton, Georgia,
in force as of the date of said approval.
NOW THEREFORE, the conditions of this obligation are as follows:
1.That if the Principal shall repair and replace any and all defects arising from the Project, whether
resulting from defective materials or defective workmanship, and if the Principal and the
Contractor’s Surety shall indemnify and hold harmless the City from any and all losses, liability
and damages, claims, judgments, liens, costs and fees of every description, which the City may
incur, sustain or suffer by reason of the failure or default on the part of the Principal in the
performance of any and all of the terms, provisions and requirements described herein, then this
obligation shall be void; otherwise to remain in full force and effect;
2. In the event of a failure of performance by the Principal;
a. The Contractor’s Surety shall commence performance of its obligations and
undertakings under this bond no later than thirty (30) days after written
notice from the City to the Contractor’s Surety;
b. The means, method or procedure by which the Contractor’s Surety
undertakes to perform its obligations under this bond shall be subject to the
advance written approval of the City.
The parties further expressly agree that any action on this bond may be brought within the
time allowed by Georgia law for suit on contracts under seal.
IN WITNESS WHEREOF, the Principal and Contractor’s Surety have hereunto affixed
their corporate seals and caused this obligation to be signed by their duly authorized officers or
attorneys-in-fact, as set forth below.
CONTRACTOR (“Principal”):
Summit Construction and Development, LLC
By: __________________________ (signature)
__________________________ (print)
Title: ___________________________ (SEAL)
Attest: Date: ___________________________
_____________________ (signature)
_____________________ (print)
Title: ________________
Date:_________________
CONTRACTOR’S SURETY:
_________________________
By: __________________________ (signature)
__________________________ (print)
Title: __________________________ (SEAL)
Attest: Date: __________________________
_____________________ (signature)
_____________________ (print)
Title: ________________
Date:_________________
(ATTACH SURETY’S POWER OF ATTORNEY)
"EXHIBIT E"
NONCOLLUSION AFFIDAVIT OF PRIME BIDDER
STATE OF Georgia
COUNTY OF GwInnett
Ruben Bucio Duran
, being first duly sworn, deposes and says that:
O He
1 is Owner/President
(Owner, Fanner, Officer, Representative, or Agent)
of Summit Construction & Development LLC (the "Bidder") that has submitted the attached Bid;
(2) He is fully informed respecting the preparation and contents of the attached Bid and of all
pertinent circumstances respecting such Bid;
(3) Such Bid is genuine and is not a collusive of sham Bid;
(4) Neither the said Bidder nor any of its officers, partners, owners, agents, representatives,
employees, or parties in interest, included in this affidavit, has in any way colluded, conspired, connived,
or agreed, directly or indirectly, with any other Bidder, firm or person to submit a collusive or sham Bid in
connection with the Contract for which the attached Bid has been submitted or to refrain from bidding in
connection with such Contract, or has in any manner, directly or indirectly, sought by agreement or
collusion or communication or conference with any other Bidder, firm or person to fix the price or prices
in the attached Bid or of any other Bidder, or to fix any overhead, profit or cost element of the Bid price of
any other Bidder or to secure through any collusion, conspiracy, connivance, or unlawful agreement any
advantage against the City of Milton or any person interested in the proposed Contract; and,
(5) The price or prices quoted in the attached Bid are fair and proper and are not tainted by any
collusion, conspiracy, connivance, or unlawful agreement on the part of the Bidder or any of its agents,
representatives, owners, employees, or parties in interest, including this Affiant.
(6) Bidder has not directly or indirectly violated any law, ordinance or regulation related to the Bid.
Signat Authorized k)fficer or Agent
Ruben Bucio Duran
Printed Name and Title of Authorized Officer or
Agent
SUBSCRIBED AND SWORN BEFORE
ME ON THIS THE ZL DAY OF
GNU- ,, 20 ?- a
J t? -+2
Notary Public
[NOTARY SEAL]
My CoMISN-4
n Expires:
q _
DENISE DIGBY CISNEROS
Notary Public, Georgia
'c•;--- +-
Gwinnett County
My rrti ion Expires
SUBSCRIBED AND SWORN BEFORE
ME ON THIS THE ZL DAY OF
GNU- ,, 20 ?- a
J t? -+2
Notary Public
[NOTARY SEAL]
My CoMISN-4
n Expires:
q _
“EXHIBIT 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
______________________________
STATE OF Georgia
COUNTY OF Gwinnett
"EXHIBIT G.1"
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:
357508
Federal Work Authorization User Identification
Number
09/14/2010
Date of Authorization
Summit Construction and Development, LLC
Name of Contractor
Saddlesprings Drive Culvert Repair
Name of Project
City of Milton, Georgia
Name of Public Employer
I hereby declare under penalty of perjury that the
foregoing is true and correct.
Executed on October 26, 20 20 in Stone Mountain
(city), Georgia (state).
S' ized Officer or Agent
Ruben Bucio Duran, President
Printed Name and Title of Authorized Officer or
Agent
SUBSCRIBED AND SWORN BEFORE
ME ON THIS THE 7(o DAY OF
OCA— , 20 ZSR
7)
Notary Public
[NOTARY SEAL]
MyCr-1.mission Expires.
2
DENISE DIGBY CISNER05
���t�'aiF"�•,
Notary , PublicGeor9 is
- *-
Gwinnett County
My C mis ion Expires
I hereby declare under penalty of perjury that the
foregoing is true and correct.
Executed on October 26, 20 20 in Stone Mountain
(city), Georgia (state).
S' ized Officer or Agent
Ruben Bucio Duran, President
Printed Name and Title of Authorized Officer or
Agent
SUBSCRIBED AND SWORN BEFORE
ME ON THIS THE 7(o DAY OF
OCA— , 20 ZSR
7)
Notary Public
[NOTARY SEAL]
MyCr-1.mission Expires.
2
“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 Summit Construction and Development, LLC on behalf of
the City of Milton has registered with, is authorized to use, and uses the federal work authorization program
commonly known as E-Verify, or any subsequent replacement program, in accordance with the applicable
provisions and deadlines established in O.C.G.A. § 13-10-91. Furthermore, the undersigned subcontractor
will continue to use the federal work authorization program throughout the contract period, and the
undersigned subcontractor will contract for the physical performance of services in satisfaction of such
contract only with sub-subcontractors who present an affidavit to the subcontractor with the information
required by O.C.G.A. § 13-10-91(b). Additionally, the undersigned subcontractor will forward notice of
the receipt of an affidavit from a sub-subcontractor to the contractor within five (5) business days of receipt.
If the undersigned subcontractor receives notice that a sub-subcontractor has received an affidavit from any
other contracted sub-subcontractor, the undersigned subcontractor must forward, within five (5) business
days of receipt, a copy of the notice to the contractor.
Subcontractor hereby attests that its federal work authorization user identification number and date of
authorization are as follows:
_________________________________
Federal Work Authorization User Identification
Number
_________________________________
Date of Authorization
_________________________________
Name of Subcontractor
Saddlesprings Drive Culvert Repair
Name of Project
City of Milton, Georgia
Name of Public Employer
I hereby declare under penalty of perjury that the
foregoing is true and correct.
Executed on ______ ___, 201__ in _____(city),
______(state).
_________________________________
Signature of Authorized Officer or Agent
_______________________________
Printed Name and Title of Authorized Officer or
Agent
SUBSCRIBED AND SWORN BEFORE ME
ON THIS THE ______ DAY OF
______________,201__.
_________________________________
NOTARY PUBLIC
[NOTARY SEAL]
My Commission Expires:
_______________________________
“EXHIBIT H”
See Exhibit A. Plans referenced via weblink in the ITB are incorporated herein by reference.
“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) “Substantial Completion” means when the Work or designated portion thereof is
complete in accordance with the Contract Documents so that any remaining Work
includes only (1) Minor Items that can be completed or corrected within the
following thirty (30) calendar days, (2) Permitted Incomplete Work that will be
completed by the date agreed upon by the Parties, and (3) any Warranty Work.
Substantial Completion shall require complete operation of all applicable building
systems including, but not limited to, mechanical, electrical, plumbing, fire
protection, fire alarm, telecom, data, security, elevators, life safety, and
accessibility (if any).
(ii) “Minor Item” means a portion or element of the Work that can be totally complete
within thirty (30) calendar days.
(iii) “Permitted Incomplete Work” means Work that is incomplete through no fault of
the Contractor, as determined by the City in its sole discretion.
(iv) “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. Payment shall be based on the value of the
Work completed, as provided in the Contract Documents, plus the value of materials and
equipment suitably stored, insured, and protected at the construction site, and, only if
approved in writing by the City (which approval shall be given at the sole discretion of the
City), such materials and equipment suitably stored, insured, and protected off site at a
location approved by the City in writing, less retainage (as described below).
Compensation for Work performed and reimbursement for costs incurred shall be paid to
the Contractor upon receipt and approval by the City of invoices setting forth in detail the
Work performed and costs incurred, along with all supporting documents required by the
Contract Documents or requested by the City to process the invoice. Invoices shall be
submitted on a monthly basis, and such invoices shall reflect costs incurred versus costs
budgeted. Each invoice shall be accompanied by an Interim Waiver and Release upon
Payment (or a Waiver and Release upon final payment in the case of the invoice for final
payment) procured by the Contractor from all subcontractors in accordance with O.C.G.A.
§ 44-14-366.
The City shall pay the Contractor within thirty (30) calendar days after approval of the
invoice by City staff, less any retainage as described in Section D below. No payments
will be made for unauthorized work. Payment will be sent to the designated address by U.
S. Mail only; payment will not be hand-delivered, though the Contractor may arrange to
pick up payments directly from the City or may make written requests for the City to deliver
payments to the Contractor by Federal Express delivery at the Contractor’s expense.
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 City and Contractor shall comply with the provisions
of O.C.G.A. § 13-10-80. The Contractor through each invoice may request payment of no
more than ninety percent (90%) of that portion of the Work completed during the term
covered by such invoice until fifty percent (50%) of the Maximum Contract Price, as may
be adjusted, is due and the manner of completion of the Work and its progress are
reasonably satisfactory to the City. Payment for the remaining ten percent (10%) of Work
completed and covered by such invoices shall be retained by the City until Substantial
Completion. Once fifty percent (50%) of the Maximum Contract Price, as may be adjusted,
is due and the manner of completion of the Work and its progress are reasonably
satisfactory to the City, no additional retainage shall be withheld, except as provided below.
All amounts retained by the City shall be held as a lump sum until Substantial Completion
of the Work, regardless of earlier completion of individual component(s) of the Work;
provided, however, that, at the discretion of the City and with the written approval of the
Contractor, the retainage of each subcontractor may be released separately as the
subcontractor completes his or her work.
If, after discontinuing the retention, the City determines that the Work is unsatisfactory or
has fallen behind schedule, retention may be resumed at the previous level. If retention is
resumed by the City, the Contractor and subcontractors shall be entitled to resume
withholding retainage accordingly. At Substantial Completion of the Work and as the
Contract Administrator determines the Work to be reasonably satisfactory, the City shall,
within 30 days after the invoice and other appropriate documentation as may be required
by the Contract Documents are provided to the City, pay the retainage to the Contractor. If
at that time there are any remaining incomplete Minor Items or Permitted Incomplete
Work, an amount equal to 200 percent of the value of each Minor Item or Permitted
Incomplete Work, as determined by the Contract Administrator in its sole discretion, shall
be withheld until such item, items or work are completed. The reduced retainage shall be
shared by the Contractor and subcontractors as their interests may appear.
The Contractor shall, within ten (10) days from its receipt of retainage from the City, pass
through payments to subcontractors and shall reduce each subcontractor’s retainage in the
same manner as the Contractor’s retainage is reduced by the City; provided, however, that
the value of each subcontractor’s work complete and in place equals fifty percent (50%) of
his or her subcontract value, including approved Change Orders and other additions to the
subcontract value; provided, further, that the work of the subcontractor is proceeding
satisfactorily and the subcontractor has provided or provides such satisfactory reasonable
assurances of continued performance and financial responsibility to complete his or her
work including any warranty work as the Contractor in his or her reasonable discretion
may require, including, but not limited to, a payment and performance bond. The
subcontractor shall, within ten (10) days from the subcontractor’s receipt of retainage from
the Contractor, pass through payments to lower tier subcontractors and shall reduce each
lower tier subcontractor’s retainage in the same manner as the subcontractor’s retainage is
reduced by the Contractor; provided, however, that the value of each lower tier
subcontractor’s work complete and in place equals fifty percent (50%) of his or her
subcontract value, including approved Change Orders and other additions to the
subcontract value; provided, further, that the work of the lower tier subcontractor is
proceeding satisfactorily and the lower tier subcontractor has provided or provides such
satisfactory reasonable assurances of continued performance and financial responsibility
to complete his or her work including any warranty work as the subcontractor in his or her
reasonable discretion may require, including, but not limited to, a payment and
performance bond.
Final payment of any retained amounts to the Contractor shall be made after certification
by the Contract Administrator that the Work has been satisfactorily completed and is
accepted in accordance with the Agreement and Contract Documents.
Neither final payment nor any remaining retainage shall become due until the Contractor
submits to the Contract Administrator (1) an affidavit that payrolls, bills for materials and
equipment, and other indebtedness connected with the Work for which the City or City
property might be responsible or encumbered (less amounts withheld by City) have been
paid or otherwise satisfied, (2) a certificate evidencing that insurance, required by the
Contract Documents to remain in force after final payment, is currently in effect and will
not be canceled or allowed to expire until at least thirty (30) calendar days prior written
notice has been given to the City; (3) a written statement that the Contractor knows of no
substantial reason that the insurance will not be renewable to cover the period required by
the Contract Documents, (4) consent of surety, if any, to final payment, (5) a release or
waiver of liens, claims, security interests, and encumbrances by all subcontractors and
material suppliers, and (6), if required by the City, other data establishing payment or
satisfaction of obligations, such as receipts, to the extent and in such form as may be
designated by the City. If a subcontractor or material supplier refuses to furnish a release
or waiver as required by the City, the Contractor may furnish a bond satisfactory to the
City to indemnify the City against such lien. If such lien remains unsatisfied after payments
are made, the Contractor shall refund to the City all money that the City may be compelled
to pay in discharging such lien, including all costs and reasonable attorneys’ fees.
Acceptance of final payment by the Contractor, a subcontractor or material supplier shall
constitute a waiver of claims by that payee, except those claims previously made in
writing and identified by that payee as unsettled at the time of final application for
payment.
“EXHIBIT J”
Reserved
“EXHIBIT K”
The City will be Administering the Contract Itself
“EXHIBIT L”
See Exhibit A
“EXHIBIT M”
Contractor Responsibility for Project and Worksite During Construction
1. Maintenance of Worksite: The Contractor shall maintain the Project and the surrounding
worksite from the Commencement Date until Final Completion of the Project. Such
maintenance duties include, but shall not be limited to, continuous and effective
prosecution of the Work day by day with adequate equipment and forces to ensure that the
roadway or structures within the Project worksite are kept in satisfactory condition at all
times. All existing guard rail, signs, pavement, pavement markings, bridge handrail, traffic
control devices and other safety appurtenances that are not subject to removal or relocation
in the completion of the Work shall also be maintained in a safe and satisfactory condition.
The Contractor shall not allow vegetative growth at any time to obstruct signs, delineation,
traffic movements, or sight distance. The Contractor shall, as necessary to keep the
worksite clean and clear of all litter and debris, clean up and remove litter and debris. The
Contractor shall, at intervals not to exceed 6 months, remove all weeds from around guard
rail, barrier, poles, standards, utility facilities, and other structures, and cut or trim trees,
bushes, or tall grass. These requirements shall apply to all areas within the Project worksite
(i.e., the Project termini and lateral limits). All maintenance costs during construction and
before the Work is accepted will be included in the Maximum Contract Price (and any
individual flat fee or unit prices), and the Contractor will not be paid any additional
compensation for such maintenance services.
2. Repair of Worksite and Private Property In the Case of Damage: From the Commencement
Date until the Final Completion, the Contractor shall take every precaution against injury
or damage to any part of the Project and the surrounding worksite by any cause whatsoever.
The Contractor shall rebuild, repair, restore, and make good all injuries or damages to any
portion of the Project or the worksite (with the exception of injury or damage caused by
the sole negligence of the Owner) before Final Completion and shall bear the expense
thereof. In case of suspension of Work from any cause whatsoever, the Contractor shall be
responsible for the Project and shall take such precautions as may be necessary to prevent
damage to the Project, provide for normal drainage and shall erect any necessary temporary
structures, signs, or other facilities at its expense. Where the City elects to carry out a
portion of the Work, in accordance with Section 11(A)(ii) of the Agreement, the City will
determine if certain precautions are unnecessary and may be waived in that instance. The
Contractor shall also take every precaution against injury or damage to private property in
or around the worksite and shall repair or replace any private property damaged (directly
or indirectly) by the Work. For purposes of progress payments and retainage calculation,
and except where otherwise approved by the City in writing, damage to the Project or the
worksite shall be repaired to the satisfaction of the City before the Work shall be deemed
to have increased in value such that any further progress payments are due to the
Contractor. Further, except where otherwise approved by the City in writing, any damage
to private property in or around the worksite, which damage is caused by the Contractor,
shall be repaired or otherwise addressed to the satisfaction of the City before the Work
shall be deemed to have increased in value such that any further progress payments are due
to the Contractor.
3. Roadway Maintenance and Repair Duties in Relation to Traffic Activity: If the Project
requires that traffic be maintained through the Project worksite during the prosecution of
the Work, the Contractor shall assume all responsibility for damage to the Project and
surrounding worksite caused by such traffic until Final Completion of the Work. If the
Work requires that traffic be relocated to an alternate roadway or the Project is constructed
on a new location, the Contractor shall be responsible for all damage to the Project and the
worksite until the City directs that the Project be opened to traffic. At that time, the
Contractor will no longer be responsible for traffic-related damage to the Project or
worksite other than damage attributable to the Contractor’s actions or inadequate
construction.
CITY COUNCIL AGENDA ITEM
TO: City Council DATE: October 28, 2020
FROM: Steven Krokoff, City Manager
AGENDA ITEM: Approval of a Change Order for the Construction Services
Agreement between the City of Milton and C.W. Matthews
Contracting Co., Inc. for the Reconstruction and Resurfacing
of the Roads Called Out in the Bid Document as Bid Alternate
#1 Deerfield Parkway and Bid Alternate # 3 Bethany Road
MEETING DATE: Monday, November 2, 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
November 2, 2020
X
X
To: Honorable Mayor and City Council Members
From: Robert W. Drewry, Public Works Director
Date: Submitted on October 28, 2020 for the November 2, 2020 Regular
City Council Meeting
Agenda Item: Approval of a Change Order for the Construction Services
Agreement between the City of Milton and C.W. Matthews
Contracting Co., Inc. for the Reconstruction and Resurfacing of the
Roads Called Out in the Bid Document as Bid Alternate #1 Deerfield
Parkway and Bid Alternate # 3 Bethany Road
_____________________________________________________________________________________
Project Description:
The Contractor will be providing construction services for Maintenance Patching and
Resurfacing of streets labeled Bid Alternate #1 Deerfield Parkway and Bid Alternate # 3
Bethany at the locations called out in the in the bid document. These processes will
reset the PCI of the asphalt on these roads. This also includes all materials, labor, and
equipment to complete this work. Staff is recommending awarding the change order
to add the bid alternates.
Procurement Summary:
Purchasing method used: Contract Addendum
Account Number: 300-4101-522260000 - Pavement Management
Requisition Total: $373,958.56
Other quotes or bids submitted (vendor/$): N/A
Financial Review: Bernadette Harvill, October 28, 2020
Legal Review: Sam VanVolkenburgh – Jarrard & Davis
Concurrent Review: Robert Drewry, Public Works Director
Attachment(s): Construction Services Agreement
1
CHANGE ORDER #1 FOR CONSTRUCTION SERVICES AGREEMENT
Asphalt Reconstruction and Resurfacing
Project
WHEREAS, the City of Milton, Georgia (“City”) and C.W. Matthews Contracting Co., Inc. (“Contractor”)
have entered into a Construction Services Agreement (the “Agreement”) dated June 15, 2020, incorporated
herein by reference, for the resurfacing and reconstruction of city streets at various locations throughout the
city; and
WHEREAS, the parties desire to issue an addendum pursuant to Section 6 of the Agreement, it being to
the mutual benefit of all parties to do so, as set forth herein for the reasons and consideration set forth herein;
and
WHEREAS, the City finds it is necessary to add Bid Alternate #1 Deerfield Parkway Maintenance Patching
and Bid Alternate #3 Bethany Road Maintenance Patching from the original bid; and
WHEREAS, the City feels it is a fiscally responsible move to add these alternates in with the 2020 pricing
to lock in the best pricing for the City and to complete this work before winter. By completing this work
prior to winter weather, the City will free its maintenance crews from running repair calls and allow them
to direct resources elsewhere;
NOW THEREFORE, the parties hereto agree to amend the Agreement as follows:
1. The parties acknowledge that the purpose of this Change Order is to add maintenance patching of
Deerfield Parkway and Bethany Road Section, designated as Bid Alternates #1 and #3 in the City’s
original Invitation to Bid. Section 3.A and Exhibit C of the Agreement are amended to add this
Work.
2. Section 4.A of the Agreement is amended to state that the Work added by this Change Order shall
be completed by 12/31/2020.
3. Section 5.A of the Agreement is amended so that the total amount paid under the Agreement as
compensation for Work performed and reimbursement for costs incurred shall not, in any case,
exceed $3,612,003.58 (the “Maximum Contract Price”). The compensation for added Work
performed under this Change Order shall consist of the sum of the units of Work performed on
Deerfield Parkway and Bethany Road at the unit prices set forth in “Exhibit B”, up to a not-to-
exceed cap of $373,958.71. Contractor represents that the amount of $373,958.71 is sufficient to
perform all of the Work set forth in and contemplated by this Change Order.
4. Pursuant to Section 7.Q of the Agreement, Contractor shall increase the amount of its performance,
payment, and maintenance bonds to reflect the increase in the Maximum Contract Price. Contractor
2
shall provide updated executed bond documents to the City within 30 days of the later of: (a)
execution of this Change Order; or (b) completion of the Work (as applicable).
5. It is agreed by the parties hereto that all of the other terms and conditions of the Agreement,
including all unamended portions, shall remain in full force and effect other than as modified herein.
Upon execution by all parties, this Change Order shall be attached to and form a part of said
Agreement.
IN WITNESS WHEREOF, the parties hereto have caused this Change Order to be duly executed by their
duly authorized officers as of the day and year set forth next to each signature.
CONTRACTOR: C.W. Matthews Contracting Co., Inc.
By: ________________________________________
Print Name: _________________________________
Its:
President/Vice President (Corporation)
[CORPORATE SEAL]
(required if corporation)
Attest/Witness:
____________________________________________
Print Name: ___________________________________
Its: ______________________________________
((Assistant) Corporate Secretary if corporation)
CITY OF MILTON, GEORGIA
By: ___________________________________
Joe Lockwood, Mayor
[CITY SEAL]
Attest:
____________________________________
Print Name:__________________________
Its: City Clerk
Approved as to form: ____________________________________
City Attorney
CITY COUNCIL AGENDA ITEM
TO: City Council DATE: October 28, 2020
FROM: Steven Krokoff, City Manager
AGENDA ITEM: Plat List, Location Map, Plats
Name of Development /
Location Action Comments / # lots Total
Acres Density
1. Crossroads at Birmingham
Birmingham Hwy &
Birmingham Rd
LL 380, 381, 413 & 414
Final
Plat
35 Single-Family Lots
(10 Lots /AG-1 and
25 Lots / MIX Zoning)
2 Commercial
Buildings
22.119 Ac 0.65 Lots /Acre
3.77 Lots /Acre
MEETING DATE: Monday, November 2, 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
November 2, 2020
X
X
To: Honorable Mayor and City Council Members
From: Robert Buscemi, City Architect
Date: Submitted on October 27, 2020 for the November 2, 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 Final Plat for Crossroads at Birmingham described herein consists 22.119 acres
located within the SE quadrant of Birmingham Hwy and Birmingham Road. The
purpose of this plat is to subdivide the development into a total of 35 single-
family lots with 25 lots developed within the MIX zoning district and 10 lots
developed under AG-1 standards (1 acre minimum). Two separate commercial
lots are proposed along Birmingham Highway located within the MIX zoning
district.
Funding and Fiscal Impact:
None.
Alternatives:
Do not approve.
Legal Review:
None – not required.
New Business Agenda Plats Staff Memo
Page 2 of 8
Concurrent Review:
Steven Krokoff, City Manager
attachment(s):
Plat List, Location Map, Plats
Name of Development / Location Action Comments / # lots Total
Acres Density
1. Crossroads at Birmingham
Birmingham Hwy & Birmingham
Rd
LL 380, 381, 413 & 414
Final
Plat
35 Single-Family Lots
(10 Lots /AG-1 and
25 Lots / MIX Zoning)
2 Commercial
Buildings
22.119 Ac 0.65 Lots /Acre
3.77 Lots /Acre
New Business Agenda Plats Staff Memo
Page 3 of 8
New Business Agenda Plats Staff Memo
Page 4 of 8
New Business Agenda Plats Staff Memo
Page 5 of 8
New Business Agenda Plats Staff Memo
Page 6 of 8
New Business Agenda Plats Staff Memo
Page 7 of 8
New Business Agenda Plats Staff Memo
Page 8 of 8
CITY COUNCIL AGENDA ITEM
TO: City Council DATE: October 28, 2020
FROM: Steven Krokoff, City Manager
AGENDA ITEM: Approval of a Professional Services Agreement between the
City of Milton and TizzyLiz Design, LLC, for Graphic Design
Services
MEETING DATE: Monday, November 2, 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: __________
DocuSign Envelope ID: CC4C9F80-FF63-480F-B6A6-B04DFC037346
November 2, 2020
X
X
X
X
To: Honorable Mayor and City Council Members
From: Greg Botelho, Communications Director
Date: Submitted on October 26, 2020 for the November 2, 2020 Regular
Council Meeting
Agenda Item: Approval of a Professional Services Agreement between the City of
Milton and TizzyLiz Design, LLC, for Graphic Design Services
_____________________________________________________________________________________
Project Description:
The City of Milton frequently employs graphic design services for a wide variety of
projects – from job announcement to educational pamphlets to special event notices
and much more. In recent years, the City has contracted with TizzyLiz Design – a
graphic design company run by Milton resident Lori Konen – to provide such services.
Ms. Konen has routinely performed efficient, exemplary work on Milton’s behalf.
Procurement Summary:
Purchasing method used: Professional Services
Account Number: various accounts/each department will pay for services as
incurred
Requisition Total: $50,000.00
The City has contracted in recent years with TizzyLiz Design for graphic design services.
In past professional services agreement, the City of Milton has paid TizzyLiz $60 an hour
(for a maximum of $50,000 per fiscal year) for the company’s work. The professional
services agreement proposed in this item would continue those same terms for Fiscal
Year 2021, running from October 1, 2020, to September 30, 2021.
Financial Review: Bernadette Harvill, October 27, 2020
Legal Review: Sam VanVolkenburgh, Jarrard & Davis, LLP, October 26, 2020
Concurrent Review: Steven Krokoff, City Manager
Attachment: Professional Services Agreement
DocuSign Envelope ID: CC4C9F80-FF63-480F-B6A6-B04DFC037346
1
PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT is made and entered into this_____ day of _____________, 20___
(the “Effective Date”), by and between the CITY OF MILTON, GEORGIA, a municipal
corporation of the State of Georgia, acting by and through its governing authority, the Mayor and
City Council (hereinafter referred to as the “City”), and TizzyLiz Design, LLC a Georgia limited
liability company, (herein after referred to as the "Consultant"), collectively referred to herein as
the "Parties."
WITNESSETH:
WHEREAS, City desires to retain Consultant to provide certain services in the completion
of a Project (defined below); and
WHEREAS, City finds that specialized knowledge, skills, and training are necessary to
perform the Work (defined below) contemplated under this Agreement; and
WHEREAS, Consultant has represented that it is qualified by training and experience to
perform the Work; and
WHEREAS, Consultant desires to perform the Work as set forth in this Agreement under
the terms and conditions provided in this Agreement; and
WHEREAS, the public interest will be served by this Agreement; and
WHEREAS, Consultant has familiarized itself with the nature and extent of the
Agreement, the Project, and the Work, and with all local conditions and federal, state and local
laws, ordinances, rules and regulations that may in any manner affect cost, progress or performance
of Work.
NOW, THEREFORE, for and in consideration of the mutual promises, the public
purposes, and the acknowledgements and agreements contained herein, and other good and
adequate consideration, the sufficiency of which is hereby acknowledged, the Parties do mutually
agree as follows:
I. SCOPE OF SERVICES AND TERMINATION DATE
A. Agreement. The Agreement shall consist of this Professional Services Agreement
and each of the Exhibits hereto, which are incorporated herein by reference, including:
2
Exhibit “A” – Scope of Work
Exhibit “B” – Contractor Affidavit
Exhibit “C” – Subcontractor Affidavit
Exhibit “D” – Key Personnel
Exhibit “E” – Affidavit of Workers’ Compensation Compliance
B. Project Description. The “Project” at issue in this Agreement is generally
described as: any and all graphic design services provided in support of the Communications
Department, Community Outreach & Engagement Department, and all other City departments.
C. The Work. The Work to be completed under this Agreement (the “Work”)
includes, but shall not be limited to, the work described in the Scope of Work provided in Exhibit
“A”, attached hereto and incorporated herein by reference. Unless otherwise stated in Exhibit
“A”, the Work includes all material, labor, insurance, tools, equipment, machinery, water, heat,
utilities, transportation, facilities, services and any other miscellaneous items and work necessary
to complete the Work. Some details necessary for proper execution and completion of the Work
may not be specifically described in the Scope of Work, but they are a requirement of the Work if
they are a usual and customary component of the contemplated services or are otherwise necessary
for proper completion of the Work.
D. Schedule, Completion Date, and Term of Agreement. Consultant understands
that time is of the essence of this Agreement and warrants and represents that it will perform the
Work in a prompt and timely manner, which shall not impose delays on the progress of the Work.
The term of this Agreement (“Term”) shall be deemed to have commenced on October 1, 2020,
and the Work shall be completed, and the Agreement shall terminate, on September 30, 2021
(provided that certain obligations will survive termination/expiration of this Agreement). If the
Term of this Agreement is longer than one year, the Parties agree that this Agreement, as required
by O.C.G.A. § 36-60-13, shall terminate absolutely and without further obligation on the part of
City on 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 City’s provision of written
notice of non-renewal to Consultant at least five (5) days prior to the end of the then current fiscal
year. Title to any supplies, materials, equipment, or other personal property shall remain in
Consultant until fully paid for by City.
II. WORK CHANGES
A. Change Order Defined. A “Change Order” means a written modification of the
Agreement, signed by representatives of City and Consultant with appropriate authorization.
B. Right to Order Changes. City reserves the right to order changes in the Work to
be performed under this Agreement by altering, adding to, or deducting from the Work. All such
changes shall be incorporated in written Change Orders and executed by Consultant and City.
Such Change Orders shall specify the changes ordered and any necessary adjustment of
compensation and completion time. If the Parties cannot reach an agreement on the terms for
performing the changed work within a reasonable time to avoid delay or other unfavorable impacts
as determined by City in its sole discretion, City shall have the right to determine reasonable terms,
3
and Consultant shall proceed with the changed work.
C. Change Order Requirement. Any work added to the scope of this Agreement by
a Change Order shall be executed under all the applicable conditions of this Agreement. No claim
for additional compensation or extension of time shall be recognized, unless contained in a written
Change Order duly executed on behalf of City and Consultant.
D. Authority to Execute Change Order. The City Manager has authority to execute,
without further action of the Mayor or City Council, any number of Change Orders so long as their
total effect does not materially alter the terms of this Agreement or materially increase the
Maximum Contract Price, as set forth in Section III(B) below. Any such Change Orders materially
altering the terms of this Agreement, or any Change Order affecting the price where the Maximum
Contract Price (as amended) is in excess of $50,000, must be approved by resolution of the Mayor
and City Council. Amendments shall not result in a variance in price exceeding ten percent of the
original contract amount.
III. COMPENSATION AND METHOD OF PAYMENT
A. Payment Terms. City agrees to pay Consultant for the Work performed and costs
incurred by Consultant upon certification by City that the Work was actually performed and costs
actually incurred in accordance with the Agreement. Compensation for Work performed and, if
applicable, reimbursement for costs incurred shall be paid to Consultant upon City’s receipt and
approval of invoices, setting forth in detail the services performed and costs incurred, along with
all supporting documents requested by City to process the invoice. Invoices shall be submitted on
a monthly basis, and such invoices shall reflect costs incurred versus costs budgeted. Any material
deviations in tests or inspections performed, or times or locations required to complete such tests
or inspections, and like deviations from the Work described in this Agreement shall be clearly
communicated to City before charges are incurred and shall be handled through Change Orders
as described in Section II above. City shall pay Consultant within thirty (30) days after approval
of the invoice by City staff.
B. Maximum Contract Price. The total amount paid under this Agreement as
compensation for Work performed and reimbursement for costs incurred shall not, in any case,
exceed $50,000.00 (the “Maximum Contract Price”), except as outlined in Section II(C) above,
and Consultant represents that this amount is sufficient to perform all of the Work set forth in and
contemplated by this Agreement. The compensation for Work performed shall be based upon the
hourly rate specified in Exhibit “A”.
C. Reimbursement for Costs. The Maximum Contract Price set forth in Section
III(B) above includes all costs, direct and indirect, needed to perform the Work and complete the
Project, and reimbursement for costs incurred shall be limited as follows:
X There shall be no reimbursement for costs.
□ Long distance telephone and telecommunications, facsimile transmission, normal
postage and express mail, and photocopying charges and time shall be billed at cost.
Supplies and outside services, transportation, lodging, meals and authorized subcontracts
4
shall be billed at cost plus no more than a 10% administrative burden. Automobile mileage
shall be no more than the current deductible rate set by the Internal Revenue Service. In
no event shall the total reimbursement for costs incurred during a particular month exceed
_N/A_ percent of the total amount due for Work for that particular month.
IV. COVENANTS OF CONSULTANT
A. Expertise of Consultant; Licenses, Certification and Permits. Consultant
accepts the relationship of trust and confidence established between it and City, recognizing that
City’s intention and purpose in entering into this Agreement is to engage an entity with the
requisite capacity, experience, and professional skill and judgment to provide the Work in pursuit
of the timely and competent completion of the Work undertaken by Consultant under this
Agreement. Consultant shall employ only persons duly qualified in the appropriate area of
expertise to perform the Work described in this Agreement.
Consultant covenants and declares that it has obtained all diplomas, certificates, licenses,
permits or the like required of Consultant by any and all national, state, regional, county, or local
boards, agencies, commissions, committees or other regulatory bodies in order to perform the
Work contracted for under this Agreement. Further, Consultant agrees that it will perform all Work
in accordance with the standard of care and quality ordinarily expected of competent professionals
and in compliance with all federal, state, and local laws, regulations, codes, ordinances, or orders
applicable to the Project, including, but not limited to, any applicable records retention
requirements and Georgia’s Open Records Act (O.C.G.A. § 50-18-71, et seq.). Any additional
work or costs incurred as a result of error and/or omission by Consultant as a result of not meeting
the applicable standard of care or quality will be provided by Consultant at no additional cost to
City. This provision shall survive termination of this Agreement.
B. Budgetary Limitations. Consultant agrees and acknowledges that budgetary
limitations are not a justification for breach of sound principals of Consultant’s profession and
industry. Consultant shall take no calculated risk in the performance of the Work. Specifically,
Consultant agrees that, in the event it cannot perform the Work within the budgetary limitations
established without disregarding sound principles of Consultant’s profession and industry,
Consultant will give written notice immediately to City.
C. City’s Reliance on the Work. Consultant acknowledges and agrees that City does
not undertake to approve or pass upon matters of expertise of Consultant and that, therefore, City
bears no responsibility for Consultant’s Work performed under this Agreement. Consultant
acknowledges and agrees that the acceptance of Work by City is limited to the function of
determining whether there has been compliance with what is required to be produced under this
Agreement. City will not, and need not, inquire into adequacy, fitness, suitability or correctness
of Consultant’s performance. Consultant further agrees that no approval of designs, plans,
specifications or other work product by any person, body or agency shall relieve Consultant of the
responsibility for adequacy, fitness, suitability, and correctness of Consultant’s Work under
professional and industry standards, or for performing services under this Agreement in
accordance with sound and accepted professional and industry principles.
5
D. Consultant’s Reliance on Submissions by City. Consultant must have timely
information and input from City in order to perform the Work required under this Agreement.
Consultant is entitled to rely upon information provided by City, but Consultant shall provide
immediate written notice to City if Consultant knows or reasonably should know that any
information provided by City is erroneous, inconsistent, or otherwise problematic.
E. Consultant’s Representative. Lori Konen shall be authorized to act on
Consultant’s behalf with respect to the Work as Consultant’s designated representative, provided
that this designation shall not relieve either Party of any written notice requirements set forth
elsewhere in this Agreement.
F. Assignment of Agreement. Consultant covenants and agrees not to assign or
transfer any interest in, or delegate any duties of this Agreement, without the prior express written
consent of City. As to any approved subcontractors, Consultant shall be solely responsible for
reimbursing them, and City shall have no obligation to them.
G. Responsibility of Consultant and Indemnification of City. Consultant covenants
and agrees to take and assume all responsibility for the Work rendered in connection with this
Agreement. Consultant shall bear all losses and damages directly or indirectly resulting to it and/or
City on account of the performance or character of the Work rendered pursuant to this Agreement.
Consultant shall defend, indemnify and hold harmless City and City’s elected and appointed
officials, officers, boards, commissions, employees, representatives, consultants, servants, agents,
attorneys and volunteers (individually an “Indemnified Party” and collectively “Indemnified
Parties”) from and against any and all claims, suits, actions, judgments, injuries, damages, losses,
costs, expenses and liability of any kind whatsoever, including but not limited to attorney’s fees
and costs of defense (“Liabilities”), which may arise from or be the result of an alleged willful,
negligent or tortious act or omission arising out of the Work, performance of contracted services,
or operations by Consultant, any subcontractor, anyone directly or indirectly employed by
Consultant or subcontractor or anyone for whose acts or omissions Consultant or subcontractor
may be liable, regardless of whether or not the act or omission is caused in part by a party
indemnified hereunder; provided that this indemnity obligation shall only apply to the extent
Liabilities are caused by or result from the negligence, recklessness, or intentionally wrongful
conduct of the Consultant or other persons employed or utilized by the Consultant in the
performance of this Agreement. This indemnity obligation shall not be construed to negate,
abridge, or otherwise reduce any other right or obligation of indemnity which would otherwise
exist as to any party or person described in this provision.
In any and all claims against an Indemnified Party, by any employee of Consultant, its
subcontractor, anyone directly or indirectly employed by Consultant or subcontractor or anyone
for whose acts Consultant or subcontractor may be liable, the indemnification obligation set forth
in this provision shall not be limited in any way by any limitation on the amount or type of
damages, compensation or benefits payable by or for Consultant or any subcontractor under
workers’ or workmen’s compensation acts, disability benefit acts or other employee benefit acts.
This obligation to indemnify, defend, and hold harmless the Indemnified Party(ies) shall survive
expiration or termination of this Agreement, provided that the claims are based upon or arise out
of actions or omissions that occurred during the performance of this Agreement.
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H. Independent Contractor. Consultant hereby covenants and declares that it is
engaged in an independent business and agrees to perform the Work as an independent contractor
and not as the agent or employee of City. Nothing in this Agreement shall be construed to make
Consultant or any of its employees, servants, or subcontractors, an employee, servant or agent of
City for any purpose. Consultant agrees to be solely responsible for its own matters relating to the
time and place the Work is performed and the method used to perform such Work; the
instrumentalities, tools, supplies and/or materials necessary to complete the Work; hiring of
consultants, agents or employees to complete the Work; and the payment of employees, including
benefits and compliance with Social Security, withholding and all other regulations governing
such matters. Consultant agrees to be solely responsible for its own acts and those of its
subordinates, employees, and subcontractors during the life of this Agreement. There shall be no
contractual relationship between any subcontractor or supplier and City by virtue of this
Agreement with Consultant. Any provisions of this Agreement that may appear to give City the
right to direct Consultant as to the details of the services to be performed by Consultant or to
exercise a measure of control over such services will be deemed to mean that Consultant shall
follow the directions of City with regard to the results of such services only. It is further
understood that this Agreement is not exclusive, and City may hire additional entities to perform
the Work related to this Agreement.
Inasmuch as City and Consultant are independent of each other, neither has the authority
to bind the other to any third person or otherwise to act in any way as the representative of the
other, unless otherwise expressly agreed to in writing signed by both Parties hereto. Consultant
agrees not to represent itself as City’s agent for any purpose to any party or to allow any employee
of Consultant to do so, unless specifically authorized, in advance and in writing, to do so, and then
only for the limited purpose stated in such authorization. Consultant shall assume full liability for
any contracts or agreements Consultant enters into on behalf of City without the express
knowledge and prior written consent of City.
I. Insurance. Consultant shall have and maintain in full force and effect for the
duration of this Agreement, insurance of the types and amounts approved by the City, as shown
on Exhibit “E”, attached hereto and incorporated by reference. Consultant acknowledges that it
will have no subcontractors for the Work.
J. Employment of Unauthorized Aliens Prohibited – E-Verify Affidavit. Pursuant
to O.C.G.A. § 13-10-91, City shall not enter into a contract for the physical performance of services
unless:
(1) Consultant shall provide evidence on City-provided forms, attached hereto
as Exhibits “B” and “C” (affidavits regarding compliance with the E-
Verify program to be sworn under oath under criminal penalty of false
swearing pursuant to O.C.G.A. § 16-10-71), that it and Consultant’s
subcontractors have registered with, are authorized to use and use the
federal work authorization program commonly known as E-Verify, or any
subsequent replacement program, in accordance with the applicable
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provisions and deadlines established in O.C.G.A. § 13-10-91, and that they
will continue to use the federal work authorization program throughout the
contract period, or
(2) Consultant provides evidence that it is not required to provide an affidavit
because it is an individual (not a company) licensed pursuant to Title 26 or
Title 43 or by the State Bar of Georgia and is in good standing.
Consultant hereby verifies that it has, prior to executing this Agreement, executed a
notarized affidavit, the form of which is provided in Exhibit “B”, and submitted such affidavit to
City or provided City with evidence that it is an individual not required to provide such an affidavit
because it is licensed and in good standing as noted in sub-subsection (2) above. Further,
Consultant hereby agrees to comply with the requirements of the federal Immigration Reform and
Control Act of 1986 (IRCA), P.L. 99-603, O.C.G.A. § 13-10-91 and Georgia Department of Labor
Rule 300-10-1-.02.
In the event Consultant employs or contracts with any subcontractor(s) in connection with
the covered contract, Consultant agrees to secure from such subcontractor(s) attestation of the
subcontractor’s compliance with O.C.G.A. § 13-10-91 and Rule 300-10-1-.02 by the
subcontractor’s execution of the subcontractor affidavit, the form of which is attached hereto as
Exhibit “C”, which subcontractor affidavit shall become part of the Consultant/subcontractor
agreement, or evidence that the subcontractor is not required to provide such an affidavit because
it is an individual licensed and in good standing as noted in sub-subsection (2) above. If a
subcontractor affidavit is obtained, Consultant agrees to provide a completed copy to City within
five (5) business days of receipt from any subcontractor.
Where Consultant is required to provide an affidavit pursuant to O.C.G.A. § 13-10-91, the
City Manager or his/her designee shall be authorized to conduct an inspection of Consultant’s and
Consultant’s subcontractors’ verification process at any time to determine that the verification was
correct and complete. Consultant and Consultant’s subcontractors shall retain all documents and
records of their respective verification process for a period of five (5) years following completion
of the contract. Further, where Consultant is required to provide an affidavit pursuant to O.C.G.A.
§ 13-10-91, the City Manager or his/her designee shall further be authorized to conduct periodic
inspections to ensure that no City Consultant or Consultant’s subcontractors employ unauthorized
aliens on City contracts. By entering into a contract with City, Consultant and Consultant’s
subcontractors agree to cooperate with any such investigation by making their records and
personnel available upon reasonable notice for inspection and questioning. Where Consultant or
Consultant’s subcontractors are found to have employed an unauthorized alien, the City Manager
or his/her designee may report same to the Department of Homeland Security. Consultant’s failure
to cooperate with the investigation may be sanctioned by termination of the Agreement, and
Consultant shall be liable for all damages and delays occasioned by City thereby.
Consultant agrees that the employee-number category designated below is applicable to
Consultant. [Information only required if a contractor affidavit is required pursuant to O.C.G.A.
§ 13-10-91.]
8
____ 500 or more employees.
____ 100 or more employees.
_X__ Fewer than 100 employees.
Consultant hereby agrees that, in the event Consultant employs or contracts with any
subcontractor(s) in connection with this Agreement and where the subcontractor is required to
provide an affidavit pursuant to O.C.G.A. § 13-10-91, Consultant will secure from the
subcontractor(s) such subcontractor(s’) indication of the above employee-number category that is
applicable to the subcontractor.
The above requirements shall be in addition to the requirements of state and federal law,
and shall be construed to be in conformity with those laws.
K. Records, Reports and Audits.
(1) Records:
(a) Books, records, documents, account legers, data bases, and similar
materials relating to the Work performed for City under this
Agreement (“Records”) shall be established and maintained by
Consultant in accordance with applicable law and requirements
prescribed by City with respect to all matters covered by this
Agreement. Except as otherwise authorized or required, such
Records shall be maintained for at least three (3) years from the date
that final payment is made to Consultant by City under this
Agreement. Furthermore, Records that are the subject of audit
findings shall be retained for three (3) years or until such audit
findings have been resolved, whichever is later.
(b) All costs claimed or anticipated to be incurred in the performance of
this Agreement shall be supported by properly executed payrolls,
time records, invoices, contracts, or vouchers, or other official
documentation evidencing in proper detail the nature and propriety
of the charges. All checks, payrolls, invoices, contracts, vouchers,
orders or other accounting documents pertaining in whole or in part
to this Agreement shall be clearly identified and readily accessible.
(2) Reports and Information: Upon request, Consultant shall furnish to City
any and all Records in the form requested by City. All Records provided
electronically must be in a format compatible with City’s computer systems
and software.
(3) Audits and Inspections: At any time during normal business hours and as
often as City may deem necessary, Consultant shall make available to City
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or City’s representative(s) for examination all Records. Consultant will
permit City or City’s representative(s) to audit, examine, and make excerpts
or transcripts from such Records. Consultant shall provide proper facilities
for City or City’s representative(s) to access and inspect the Records, or, at
the request of City, shall make the Records available for inspection at City’s
office. Further, Consultant shall permit City or City’s representative(s) to
observe and inspect any or all of Consultant’s facilities and activities during
normal hours of business for the purpose of evaluating Consultant’s
compliance with the terms of this Agreement. In such instances, City or
City’s representative(s) shall not interfere with or disrupt such activities.
L. Ethics Code; Conflict of Interest. Consultant agrees that it shall not engage in
any activity or conduct that would result in a violation of the City of Milton Code of Ethics or any
other similar law or regulation. Consultant certifies that to the best of its knowledge no
circumstances exist which will cause a conflict of interest in performing the Work. Should Consultant
become aware of any circumstances that may cause a conflict of interest during the Term of this
Agreement, Consultant shall immediately notify City. If City determines that a conflict of interest
exists, City may require that Consultant take action to remedy the conflict of interest or terminate the
Agreement without liability. City shall have the right to recover any fees paid for services rendered
by Consultant when such services were performed while a conflict of interest existed if Consultant
had knowledge of the conflict of interest and did not notify City within five (5) business days of
becoming aware of the existence of the conflict of interest.
Consultant and City acknowledge that it is prohibited for any person to offer, give, or agree
to give any City employee or official, or for any City employee or official to solicit, demand,
accept, or agree to accept from another person, a gratuity of more than nominal value or rebate or
an offer of employment in connection with any decision, approval, disapproval, recommendation,
or preparation of any part of a program requirement or a purchase request, influencing the content
of any specification or procurement standard, rendering of advice, investigation, auditing, or in
any other advisory capacity in any proceeding or application, request for ruling, determination,
claim or controversy, or other particular matter, pertaining to any program requirement or a
contract or subcontract, or to any solicitation or proposal therefor. Consultant and City further
acknowledge that it is prohibited for any payment, gratuity, or offer of employment to be made by
or on behalf of a sub-consultant under a contract to the prime Consultant or higher tier sub-
consultant, or any person associated therewith, as an inducement for the award of a subcontract or
order.
M. Confidentiality. Consultant acknowledges that it may receive confidential
information of City and that it will protect the confidentiality of any such confidential information
and will require any of its subcontractors, consultants, and/or staff to likewise protect such
confidential information. Consultant agrees that confidential information it learns or receives or
such reports, information, opinions or conclusions that Consultant creates under this Agreement
shall not be made available to, or discussed with, any individual or organization, including the
news media, without prior written approval of City. Consultant shall exercise reasonable
precautions to prevent the unauthorized disclosure and use of City information whether
specifically deemed confidential or not.
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Consultant acknowledges that City’s disclosure of documentation is governed by Georgia’s
Open Records Act, and Consultant further acknowledges that if Consultant submits records
containing trade secret information, and if Consultant wishes to keep such records confidential,
Consultant must submit and attach to such records an affidavit affirmatively declaring that specific
information in the records constitutes trade secrets pursuant to Article 27 of Chapter 1 of Title 10,
and the Parties shall follow the requirements of O.C.G.A. § 50-18-72(a)(34) related thereto.
N. Key Personnel. All of the individuals identified in Exhibit “D”, attached hereto,
are necessary for the successful completion of the Work due to their unique expertise and depth
and breadth of experience. There shall be no change in Consultant’s Project Manager or members
of the Project team, as listed in Exhibit “D”, without written approval of City. Consultant
recognizes that the composition of this team was instrumental in City’s decision to award the Work
to Consultant and that compelling reasons for substituting these individuals must be demonstrated
for City’s consent to be granted. Any substitutes shall be persons of comparable or superior
expertise and experience. Failure to comply with the provisions of this paragraph shall constitute
a material breach of Consultant’s obligations under this Agreement and shall be grounds for
termination.
O. Meetings. Consultant is required to meet with City’s personnel, or designated
representatives, to resolve technical or contractual problems that may occur during the Term of
this Agreement at no additional cost to City. Meetings will occur as problems arise and will be
coordinated by City. City shall inform Consultant’s Representative of the need for a meeting and
of the date, time and location of the meeting at least three (3) full business days prior to the date
of the meeting. Face-to-face meetings are desired. However, at Consultant’s option and expense,
a conference call meeting may be substituted. Consistent failure to participate in problem
resolution meetings, two consecutive missed or rescheduled meetings, or failure to make a good
faith effort to resolve problems, may result in termination of this Agreement for cause.
P. Authority to Contract. The individual executing this Agreement on behalf of
Consultant covenants and declares that it has obtained all necessary approvals of Consultant’s
board of directors, stockholders, general partners, limited partners or similar authorities to
simultaneously execute and bind Consultant to the terms of this Agreement, if applicable.
Q. Ownership of Work. All reports, designs, drawings, plans, specifications,
schedules, work product and other materials, including, but not limited to, those in electronic form,
prepared or in the process of being prepared for the Work to be performed by Consultant
(“Materials”) shall be the property of City, and City shall be entitled to full access and copies of
all Materials in the form prescribed by City. Any Materials remaining in the hands of Consultant
or subcontractor upon completion or termination of the Work shall be delivered immediately to
City whether or not the Project or Work is commenced or completed; provided, however, that
Consultant may retain a copy of any deliverables for its records. Consultant assumes all risk of
loss, damage or destruction of or to Materials. If any Materials are lost, damaged or destroyed
before final delivery to City, Consultant shall replace them at its own expense. Any and all
copyrightable subject matter in all Materials is hereby assigned to City, and Consultant agrees to
execute any additional documents that may be necessary to evidence such assignment.
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R. Nondiscrimination. In accordance with Title VI of the Civil Rights Act of 1964,
as amended, 42 U.S.C. § 2000d, section 303 of the Age Discrimination Act of 1975, as amended,
42 U.S.C. § 6102, section 202 of the Americans with Disabilities Act of 1990, 42 U.S.C. § 12132,
and all other provisions of Federal law, Consultant agrees that, during performance of this
Agreement, Consultant, for itself, its assignees and successors in interest, will not discriminate
against any employee or applicant for employment, any subcontractor, or any supplier because of
race, color, creed or belief, political affiliation, national origin, gender, age or disability. In
addition, Consultant agrees to comply with all applicable implementing regulations and shall
include the provisions of this paragraph in every subcontract for services contemplated under this
Agreement.
V. COVENANTS OF CITY
A. Right of Entry. City shall provide for right of entry for Consultant and all
necessary equipment as required for Consultant to complete the Work; provided that Consultant
shall not unreasonably encumber the Project site(s) with materials or equipment.
B. City’s Representative. Greg Botelho shall be authorized to act on City’s behalf
with respect to the Work as City’s designated representative on this Project; provided that any
changes to the Work or the terms of this Agreement must be approved as provided in Section II
above.
VI. TERMINATION
A. For Convenience. City may terminate this Agreement for convenience at any time
upon providing written notice thereof at least seven (7) calendar days in advance of the termination
date.
B. For Cause. Consultant shall have no right to terminate this Agreement prior to
completion of the Work, except in the event of City’s failure to pay Consultant within thirty (30)
calendar days of Consultant providing City with notice of a delinquent payment and an opportunity
to cure. In the event of Consultant’s breach or default under this Agreement, City may terminate this
Agreement for cause. City shall give Consultant at least seven (7) calendar days’ written notice of
its intent to terminate the Agreement for cause and the reasons therefor. If Consultant fails to cure
the breach or default within that seven (7) day period, or otherwise remedy the breach or default to
the reasonable satisfaction of City, then City may, at its election: (a) in writing terminate the
Agreement in whole or in part; (b) cure such default itself and charge Consultant for the costs of
curing the default against any sums due or which become due to Consultant under this Agreement;
and/or (c) pursue any other remedy then available, at law or in equity, to City for such default.
C. Statutory Termination. In compliance with O.C.G.A. § 36-60-13, this Agreement
shall be deemed terminated as provided in I(D) of this Agreement. Further, this Agreement shall
terminate immediately and absolutely at such time as appropriated or otherwise unobligated funds
are no longer available to satisfy the obligation of City.
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D. Payment Upon Termination. Upon termination, City shall provide for payment
to Consultant for services rendered and, where authorized, expenses incurred prior to the
termination date; provided that, where this Agreement is terminated for cause, City may deduct
from such payment any portion of the cost for City to complete (or hire someone to complete) the
Work, as determined at the time of termination, not otherwise covered by the remaining unpaid
Maximum Contract Price.
E. Conversion to Termination for Convenience. If City terminates this Agreement
for cause and it is later determined that City did not have grounds to do so, the termination will be
converted to and treated as a termination for convenience under the terms of Section VI(A) above.
F. Requirements Upon Termination. Upon termination, Consultant shall: (1)
promptly discontinue all services, cancel as many outstanding obligations as possible, and not
incur any new obligations, unless the City directs otherwise; and (2) promptly deliver to City all
data, drawings, reports, summaries, and such other information and materials as may have been
generated or used by Consultant in performing this Agreement, whether completed or in process,
in the form specified by City.
G. Reservation of Rights and Remedies. The rights and remedies of City and
Consultant provided in this Article are in addition to any other rights and remedies provided under
this Agreement or at law or in equity.
VII. MISCELLANEOUS
A. Entire Agreement. This Agreement, including any exhibits hereto, constitutes the
complete agreement between the Parties and supersedes any and all other agreements, either oral
or in writing, between the Parties with respect to the subject matter of this Agreement. No other
agreement, statement or promise relating to the subject matter of this Agreement not contained in
this Agreement shall be valid or binding. This Agreement may be modified or amended only by a
written Change Order (as provided in Section II above) or other document signed by
representatives of both Parties with appropriate authorization.
B. Successors and Assigns. Subject to the provision of this Agreement regarding
assignment, this Agreement shall be binding on the heirs, executors, administrators, successors
and assigns of the respective Parties.
C. Governing Law. This Agreement shall be governed by and construed in
accordance with the laws of the State of Georgia without regard to choice of law principles. If any
action at law or in equity is brought to enforce or interpret the provisions of this Agreement, the
rules, regulations, statutes and laws of the State of Georgia will control. Any action or suit related
to this Agreement shall be brought in the Superior Court of Fulton County, Georgia, or the U.S.
District Court for the Northern District of Georgia – Atlanta Division, and Consultant submits to
the jurisdiction and venue of such court.
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D. Captions and Severability. All headings herein are intended for convenience and
ease of reference purposes only and in no way define, limit or describe the scope or intent thereof,
or of this Agreement, or in any way affect this Agreement. Should any article(s) or section(s) of
this Agreement, or any part thereof, later be deemed illegal, invalid or unenforceable by a court of
competent jurisdiction, the offending portion of the Agreement should be severed, and the
remainder of this Agreement shall remain in full force and effect to the extent possible as if this
Agreement had been executed with the invalid portion hereof eliminated, it being the intention of
the Parties that they would have executed the remaining portion of this Agreement without
including any such part, parts, or portions that may for any reason be hereafter declared in valid.
E. Business License. Prior to commencement of the Work to be provided hereunder,
Consultant shall apply to City for a business license, pay the applicable business license fee, and
maintain said business license during the Term of this Agreement, unless Consultant provides
evidence that no such license is required.
F. Notices.
(1) Communications Relating to Day-to-Day Activities. All
communications relating to the day-to-day activities of the Work shall be
exchanged between City’s Representative (named above) for City and
Consultant’s Representative (named above) for Consultant.
(2) Official Notices. All other notices, requests, demands, writings, or
correspondence, as required by this Agreement, shall be in writing and shall
be deemed received, and shall be effective, when: (1) personally delivered,
or (2) on the third day after the postmark date when mailed by certified mail,
postage prepaid, return receipt requested, or (3) upon actual delivery when
sent via national overnight commercial carrier to the Party at the address
given below, or at a substitute address previously furnished to the other
Party by written notice in accordance herewith.
NOTICE TO CITY shall be sent to:
Procurement Manager
City of Milton, Georgia
2006 Heritage Walk
Milton, Georgia 30004
NOTICE TO CONSULTANT shall be sent to:
TizzyLiz Design, LLC
120 Taylor Valley Ct
Milton, GA 30004
G. Waiver of Agreement. No failure by City to enforce any right or power granted
14
under this Agreement, or to insist upon strict compliance by Consultant with this Agreement, and
no custom or practice of City at variance with the terms and conditions of this Agreement shall
constitute a general waiver of any future breach or default or affect City’s right to demand exact
and strict compliance by Consultant with the terms and conditions of this Agreement. Further, no
express waiver shall affect any Term or condition other than the one specified in such waiver, and
that one only for the time and manner specifically stated.
H. Survival. All sections of this Agreement which by their nature should survive
termination will survive termination, including, without limitation, confidentiality obligations and
insurance maintenance requirements.
I. No Third Party Rights. This Agreement shall be exclusively for the benefit of
the Parties and shall not provide any third parties with any remedy, claim, liability, reimbursement,
cause of action or other right.
J. Sovereign Immunity; Ratification. Nothing contained in this Agreement shall be
construed to be a waiver of City’s sovereign immunity or any individual’s qualified, good faith or
official immunities. Ratification of this Agreement by a majority of the Mayor and City Council
shall authorize the Mayor to execute this Agreement on behalf of City.
K. No Personal Liability. Nothing herein shall be construed as creating any
individual or personal liability on the part of any of City’s elected or appointed officials, officers,
boards, commissions, employees, representatives, consultants, servants, agents, attorneys or
volunteers. No such individual shall be personally liable to Consultant or any successor in interest
in the event of any default or breach by City or for any amount which may become due to
Consultant or successor or on any obligation under the terms of this Agreement. Likewise,
Consultant’s performance of services under this Agreement shall not subject Consultant’s
individual employees, officers, or directors to any personal contractual liability, except where
Consultant is a sole proprietor. The Parties agree that, except where Consultant is a sole proprietor,
their sole and exclusive remedy, claim, demand or suit for contractual liability shall be directed
and/or asserted only against Consultant or City, respectively, and not against any elected or
appointed official, officers, boards, commissions, employees, representatives, consultants,
servants, agents, attorneys and volunteers.
L. Counterparts; Agreement Construction and Interpretation. This
Agreement may be executed in any number of counterparts, each of which shall be deemed an
original, but all of which taken together shall constitute one and the same instrument. Consultant
represents that it has reviewed and become familiar with this Agreement and has notified City of
any discrepancies, conflicts or errors herein. In the event of a conflict in the terms of this
Agreement and/or the exhibits attached hereto, the terms most beneficial to City shall govern. The
Parties hereto agree that, if an ambiguity or question of intent or interpretation arises, this
Agreement is to be construed as if the Parties had drafted it jointly, as opposed to being construed
against a Party because it was responsible for drafting one or more provisions of the Agreement.
In the interest of brevity, the Agreement may omit modifying words such as “all” and “any” and
articles such as “the” and “an,” but the fact that a modifier or an article is absent from one statement
and appears in another is not intended to affect the interpretation of either statement. Words or
15
terms used as nouns in the Agreement shall be inclusive of their singular and plural forms, unless
the context of their usage clearly requires contrary meaning.
M. Force Majeure. Neither City nor Consultant shall be liable for its respective non-
negligent or non-willful failure to perform or shall be deemed in default with respect to the failure
to perform (or cure a failure to perform) any of its respective duties or obligations under this
Agreement or for any delay in such performance due to: (i) any cause beyond its respective
reasonable control; (ii) any act of God; (iii) any change in applicable governmental rules or
regulations rendering the performance of any portion of this Agreement legally impossible; (iv)
earthquake, fire, explosion or flood; (v) strike or labor dispute, excluding strikes or labor disputes
by employees and/or agents of CONSULTANT; (vi) delay or failure to act by any governmental
or military authority; or (vii) any war, hostility, embargo, sabotage, civil disturbance, riot,
insurrection or invasion. In such event, the time for performance shall be extended by an amount
of time equal to the period of delay caused by such acts, and all other obligations shall remain
intact.
N. Material Condition. Each term of this Agreement is material, and Consultant’s
breach of any term of this Agreement shall be considered a material breach of the entire Agreement
and shall be grounds for termination or exercise of any other remedies available to City at law or
in equity.
IN WITNESS WHEREOF City and Consultant have executed this Agreement, effective
as of the Effective Date first above written.
[SIGNATURES ON FOLLOWING PAGE]
16
CONSULTANT: TizzyLiz Design, LLC
Signature: ___________________________________
Print Name: Lori Konen, Manager
Attest/Witness:
Signature: _______________________________
Print Name: _____________________________
Title: __________________________________
CITY OF MILTON, GEORGIA RATIFIED BY COUNCIL
_____________________________ ________________________________________
By: Steven Krokoff, City Manager By: Joe Lockwood, Mayor
[CIT Y SEAL]
Attest:
Signature: ________________________________
Sudie Gordon, City Clerk
Approved as to form:
_______________________________
City Attorney
EXHIBIT “A”
120 Taylor Valley Court • Milton, Georgia 30004 • H 678-339-1694 |C 859-240-8804 • lori@tizzylizdesign.com
October 26, 2020
To City of Milton Procurement Manager:
The scope of services proposed by TizzyLiz Design includes
but is not limited to the following list of services and deliverables:
•Branding
•Graphic Design for all print materials (cards, flyers, brochures, etc.)
•Logo Design
•Photo Retouching
•Presentation Materials
•Social Media (online ads, cover/header images, etc.)
•T-Shirt Designs
•Promotional Material
•Multi-page Documents such as Annual Reports, Budget Books and CAFRs.
•PowerPoint Templates
•Form design and templates
The services outlined above along with any additional graphic design services
are billable at a flat hourly rate of $60.00.
Sincerely,
Lori A. Konen
EXHIBIT “B”
STATE OF ____________
COUNTY OF ___________
CONTRACTOR AFFIDAVIT AND AGREEMENT
By executing this affidavit, the undersigned contractor verifies its compliance with O.C.G.A. § 13-10-91,
stating affirmatively that the individual, firm, or corporation which is engaged in the physical performance
of services on behalf of the City of Milton, Georgia has registered with, is authorized to use and uses the
federal work authorization program commonly known as E-Verify, or any subsequent replacement
program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91.
Furthermore, the undersigned contractor will continue to use the federal work authorization program
throughout the contract period and the undersigned contractor will contract for the physical performance of
services in satisfaction of such contract only with subcontractors who present an affidavit to the contractor
with the information required by O.C.G.A. § 13-10-91(b).
Contractor hereby attests that its federal work authorization user identification number and date of
authorization are as follows:
_________________________________
Federal Work Authorization User Identification
Number
_________________________________
Date of Authorization
TizzyLiz Design, LLC
Name of Contractor
Graphic Design Support
Name of Project
City of Milton, Georgia
Name of Public Employer
I hereby declare under penalty of perjury that the
foregoing is true and correct.
Executed on _________, 20___ in
_____________________ (city), ______ (state).
_________________________________
Signature of Authorized Officer or Agent
_______________________________
Printed Name and Title of Authorized Officer or
Agent
SUBSCRIBED AND SWORN BEFORE ME
ON THIS THE ______ DAY OF
______________, 20___.
_________________________________
NOTARY PUBLIC
[NOTARY SEAL]
My Commission Expires:
_________________________________
EXHIBIT “C”
STATE OF _____________
COUNTY OF ___________
SUBCONTRACTOR AFFIDAVIT
By executing this affidavit, the undersigned subcontractor verifies its compliance with O.C.G.A. § 13-10-
91, stating affirmatively that the individual, firm or corporation which is engaged in the physical
performance of services under a contract with TizzyLiz Design, LLC on behalf of the City of Milton,
Georgia has registered with, is authorized to use and uses the federal work authorization program commonly
known as E-Verify, or any subsequent replacement program, in accordance with the applicable provisions
and deadlines established in O.C.G.A. § 13-10-91. Furthermore, the undersigned subcontractor will
continue to use the federal work authorization program throughout the contract period, and the undersigned
subcontractor will contract for the physical performance of services in satisfaction of such contract only
with sub-subcontractors who present an affidavit to the subcontractor with the information required by
O.C.G.A. § 13-10-91(b). Additionally, the undersigned subcontractor will forward notice of the receipt of
an affidavit from a sub-subcontractor to the contractor within five (5) business days of receipt. If the
undersigned subcontractor receives notice that a sub-subcontractor has received an affidavit from any other
contracted sub-subcontractor, the undersigned subcontractor must forward, within five (5) business days of
receipt, a copy of the notice to the contractor.
Subcontractor hereby attests that its federal work authorization user identification number and date of
authorization are as follows:
_________________________________
Federal Work Authorization User Identification
Number
_________________________________
Date of Authorization
_________________________________
Name of Subcontractor
Graphic Design Support
Name of Project
City of Milton, Georgia
Name of Public Employer
I hereby declare under penalty of perjury that the
foregoing is true and correct.
Executed on _________, 20__ in
_____________________ (city), ______ (state).
_________________________________
Signature of Authorized Officer or Agent
_______________________________
Printed Name and Title of Authorized Officer or
Agent
SUBSCRIBED AND SWORN BEFORE ME
ON THIS THE ______ DAY OF
______________, 20___.
_________________________________
NOTARY PUBLIC
[NOTARY SEAL]
My Commission Expires:
_________________________________
EXHIBIT “D”
The following individuals are designated as Key Personnel under this Agreement and, as
such, are necessary for the successful prosecution of the Work:
Individual Position
Lori Konen
EXHIBIT “E”
STATE OF _____________
COUNTY OF ___________
AFFIDAVIT OF WORKERS’ COMPENSATION COMPLIANCE
By executing this affidavit, the undersigned contractor verifies that it maintains workers’ compensation
insurance in compliance with applicable Georgia law, or is exempted by law from maintaining workers’
compensation insurance.
TizzyLiz Design, LLC
Name of Contractor
By: _________________________
Lori Konen, Manager
I hereby declare under penalty of perjury that the foregoing is true and correct.
Executed on _________, 20__ in _____________________ (city), ______ (state).
_________________________________
Signature of Authorized Officer or Agent
_______________________________
Printed Name and Title of Authorized Officer or Agent
SUBSCRIBED AND SWORN BEFORE ME
ON THIS THE ______ DAY OF ______________, 20___.
_________________________________
NOTARY PUBLIC
[NOTARY SEAL]
My Commission Expires:
_________________________________
CITY COUNCIL AGENDA ITEM
TO: City Council DATE: October 28, 2020
FROM: Steven Krokoff, City Manager
AGENDA ITEM: Consideration of Zoning Text Amendment – RZ20-17 – To
amend Sec. 64-395, Uses prohibited in all zoning districts (as it
relates to temporary consumer fireworks retail sales facilities)
MEETING DATE: Monday, November 2, 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
November 2, 2020
X
From: Robert Buscemi, City Architect
To: Honorable Mayor and City Council Members
Re: Consideration of Zoning Text Amendment – RZ20-17 – To amend
Sec. 64-395, Uses prohibited in all zoning districts (as it relates to
temporary consumer fireworks retail sales facilities)
Date: October 27, 2020 for the November 16, 2020 Mayor and City
Council Meeting (November 2, 2020 First Presentation)
Department Recommendation:
The Community Development Department recommends approval of the
proposed text amendment.
Executive Summary:
At the Planning Commission meeting on August 26, 2020 Staff presented and the
Commission approved a series of text amendments related to the creation of a
separate Administrative Permit solely for “temporary consumer fireworks retail
sales facility” (RZ20-10, 11, 12, 14, and 16). Within RZ20-10 which addressed
definitions, a new definition of the following was created:
Nonstructural consumer fireworks retail sales facility means a trailer towed
by a motor vehicle or a tent, canopy, or membrane (any thin, flexible or
foldable layer of material used to block sun, wind or water) structure in
which consumer fireworks are offered for sale to the public.
This type of facility shall be prohibited and therefore, a new text amendment
needed to be initiated to include it within Sec. 64-395 “Uses Prohibited in All
Zoning Districts”.
Planning Commission Meeting on September 23, 2020
The Planning Commission unanimously approved the proposed text
amendment.
Page 2 of 2
Funding and Fiscal Impact:
There will be no impact.
Legal Review:
Sam VanVolkenburgh, Jarrard & Davis (July 2020)
Concurrent Review:
Steve Krokoff, City Manager
Attachment(s): Text Amendment and Ordinance for RZ20-17
RZ20-17 - Text Amendment (As it relates to temporary fireworks retail facilities.) prepared for the City of
Milton Mayor and City Council Meeting on November 16, 2020 (First Presentation November 2, 2020)
Page 1 of 1
Sec. 64-395. - Uses prohibited in all zoning districts.
In all zoning districts the following uses are considered objectionable and are prohibited:
fortune telling establishment, massage parlor, pool hall, escort and dating services, vape shops,
nonstructural consumer fireworks retail sales facility, and tattoo and body art or piercing
establishment.
(Ord. No. 11-06-102, § 1, 6-20-2011; Ord. No. 19-03-389 , § 1, 3-18-2019)
STATE OF GEORGIA ORDINANCE____
COUNTY OF FULTON RZ20-17
AN ORDINANCE TO AMEND SEC. 64-395 OF THE ZONING ORDINANCE
(CHAPTER 64 OF THE CITY CODE) – USES PROHIBITED IN ALL ZONING DISTRICTS
BE IT ORDAINED by the City Council of the City of Milton, GA while in a regularly called
council meeting on November 16, 2020 at 6:00 p.m. as follows:
SECTION 1. That the amendment of Sec. 64-395 to include nonstructural
consumer fireworks retail sales facility is hereby adopted and approved; and is
attached hereto as if fully set forth herein, and;
SECTION 2. All ordinances, parts of ordinances, or regulations in conflict herewith
are repealed.
SECTION 3. That this Ordinance shall become effective upon its adoption.
ORDAINED this the 16th day of November, 2020.
____________________________________
Joe Lockwood, Mayor
Attest:
___________________________
Sudie AM Gordon, City Clerk
CITY COUNCIL AGENDA ITEM
TO: City Council DATE: October 28, 2020
FROM: Steven Krokoff, City Manager
AGENDA ITEM: Consideration of Zoning Text Amendment – RZ20-18 – To
Create a New Use Permit – Sec. 64-1845 for Farm Winery
Consumption on Premises of Beer and/or Liquor
MEETING DATE: Monday, November 2, 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
November 2, 2020
From: Robert Buscemi, City Architect
To: Honorable Mayor and City Council Members
Re: Consideration of Zoning Text Amendment – RZ20-18 – To Create a
New Use Permit – Sec. 64-1845 for Farm Winery Consumption on
Premises of Beer and/or Liquor
Date: October 26, 2020 for the November 16, 2020 Mayor and City
Council Meeting (November 2, 2020 First Presentation)
Department Recommendation:
The Community Development Department recommends approval of the
proposed text amendment.
Executive Summary:
The purpose of the proposed Use Permit is to allow the sale of beer and/or liquor
on a farm winery. Farm wineries are currently allowed by right within the AG -1
(Agricultural) zoning district. An existing farm winery within the City has asked if
the sale of beer or liquor can be made legal for the visitors of the farm winery
who prefer to consume beer or liquor.
Staff presented options to the City Council at its Work Session on August 10, 2020.
Staff was directed to move forward with the creation of a Use Permit that
enables the farm winery to have limited beer and liquor sales while putting
parameters in place to protect the neighbors and community.
There are proposed text amendments to Chapter 4 (Alcohol) of the City Code
that are running concurrently to these proposed text amendments that will allow
the sale of beer and/or liquor to occur on farm wineries.
This item was presented at the CZIM meeting on August 25, 2020 with no one in
attendance or participating via Zoom.
Page 2 of 2
Planning Commission Meeting on September 23, 2020
The Planning Commission denied the proposed text amendment in a vote of 4-
2. The majority of members did not support the proposal. The y stated that by
approving the Use Permit, it would be permitting a bar in the Agricultural District
and it is a “slippery slope”.
Staff brought the proposed use permit back to City Council on October 19, 2020
for further input based upon the results of the Planning Commission Meeting. The
current draft of the proposed use permit is base d upon the discussions with the
City Council and further input from Staff and the City Attorney.
Funding and Fiscal Impact:
There will be no impact.
Legal Review:
Paul Frickey, Jarrard & Davis (September and October 2020)
Concurrent Review:
Steve Krokoff, City Manager
Attachment(s): Text Amendment and Ordinance for RZ20-18
RZ20-18 - Text Amendment prepared for the City of Milton Mayor and City Council on November
16, 2020 (First Presentation November 2, 2020).
Page 1 of 2
Sec. 64-1845. – Farm Wineries consumption on premises of beer and/or liquor.
Farm Wineries, as defined in Chapter 4 of the Milton Code, are authorized to
serve beer and/or liquor for consumption on premises provided that a license
therefore is issued as required by the state and under Chapter 4 of the Milton
Code, and only upon the issuance of a Use Permit, subject to the restrictions
described in this section.
(a) Required districts. AG-1
(b) Standards.
(1) The farm winery must be located on a lot with a minimum of 10 contiguous
acres.
(2) The owner of the subject lot shall reside on the subject lot.
(3) A maximum of 25% of total gross revenue from the activities conducted on
the farm winery property may be from the sale of beer and/or liquor.
(4) Food must be available for purchase. This is not to be considered a
requirement for a full kitchen.
(5) Pertinent state and city licenses shall be obtained (occupational tax
license, beer consumption on-premises, liquor consumption on-premises).
(6) Permits and/or approvals shall be obtained for building, life safety, land
development, and other necessary city permits.
(7) Noise levels measured at the property line shall be in accordance with
Chapter 20, Article VII of the City Code.
(8) Among other conditions of approval, the maximum number of attendees
and hours of operation and hours of deliveries may be restricted by the
Mayor and City Council to protect the public's health, safety, and welfare.
(9) The area where wine, beer and liquor are permitted to be served and
consumed shall be identified on the site plan and shall not be allowed
outside of the defined area.
(10) Parking.
a. Parking shall be at least 100 feet from any lot line unless the winery
and adjacent lot are owned by the same person or entity at the time
of approval.
b. Parking areas shall be screened from roads and adjacent properties
in a manner determined by the Mayor and City Council as a
condition of approval to protect the public's health, safety and
welfare.
RZ20-18 - Text Amendment prepared for the City of Milton Mayor and City Council on November
16, 2020 (First Presentation November 2, 2020).
Page 2 of 2
c. Parking areas for event attendees must be constructed of concrete,
asphalt, and/or gravel or, with the approval by the department of
public works, maybe constructed of other materials that prevents
erosion of the parking area.
d. One parking space per 2.5 persons authorized as the maximum
occupancy for the facility or facilities serving the beer and/or liquor
is to include required handicapped parking spaces.
STATE OF GEORGIA ORDINANCE____
COUNTY OF FULTON RZ20-18
AN ORDINANCE TO CREATE A NEW USE PERMIT FOR FARM WINERY
CONSUMPTION ON PREMISES OF BEER AND/OR LIQUOR, SEC. 64-1845 OF THE
ZONING ORDINANCE (CHAPTER 64 OF THE CITY CODE)
BE IT ORDAINED by the City Council of the City of Milton, GA while in a regularly called
council meeting on November 16, 2020 at 6:00 p.m. as follows:
SECTION 1. That the creation a Use Permit for Farm Winery Consumption on
premises of beer and/or liquor (Sec. 64-1845) is hereby adopted and approved;
and is attached hereto as if fully set forth herein, and;
SECTION 2. All ordinances, parts of ordinances, or regulations in conflict herewith
are repealed.
SECTION 3. That this Ordinance shall become effective upon its adoption.
ORDAINED this the 16th day of November 2020.
____________________________________
Joe Lockwood, Mayor
Attest:
___________________________
Sudie AM Gordon, City Clerk
CITY COUNCIL AGENDA ITEM
TO: City Council DATE: October 28, 2020
FROM: Steven Krokoff, City Manager
AGENDA ITEM: Consideration of Zoning Text Amendment – RZ20-19 - To
amend Sec. 64-1121 (Use Chart within the Rural Milton
Overlay District as it relates to a Farm Winery)
MEETING DATE: Monday, November 2, 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
November 2, 2020
X
From: Robert Buscemi, City Architect
To: Honorable Mayor and City Council Members
Re: Consideration of Zoning Text Amendment – RZ20-19 - To amend
Sec. 64-1121 (Use Chart within the Rural Milton Overlay District as it
relates to a Farm Winery)
Date: October 26, 2020 for the November 16, 2020 Mayor and City
Council Meeting (November 2, 2020 First Presentation)
Department Recommendation:
The Community Development Department recommends approval of the
proposed text amendment.
Executive Summary:
Within the Rural Milton Overlay District, the Use Chart categorizes use permits
between Commercial, Agricultural, Institutional, Non -Single Family, and Single
Family Uses. Staff proposes to assign the proposed use permit for Farm Winery
consumption on premises of beer and/or liquor to the “Agricultural” Use
category. In addition, “Farm Winery” is also included in the chart within
“Agricultural” which is permitted by right.
This category requires the least amount of development regulations since it is an
agricultural related use.
This item was presented at the CZIM meeting on August 25, 2020 with no one in
attendance or participating via Zoom.
Planning Commission Meeting on September 23, 2020
The Planning Commission recommended approval of the text amendment but
not to include the Farm Winery consumption on premises of beer and/or liquor
within the use chart in a vote of 6-0.
Page 2 of 2
Funding and Fiscal Impact:
There will be no impact.
Legal Review:
Paul Frickey, Jarrard & Davis (September 2020)
Concurrent Review:
Steve Krokoff, City Manager
Attachment(s): Text Amendment and Ordinance for RZ20-19
RZ20-19 - Text Amendment prepared for the City of Milton Mayor and City Council Meeting on November 16, 2020 (First
Presentation on November 2, 2020)
Page 1 of 2
Sec. 64-1121. - Allowed use chart.
The following chart identifies uses and their assigned categories. These uses are allowed by right (with asterisks) or
required by use permit. It is the intent that some types of uses must comply with certain development standards outlined
in the Rural Milton Overlay District.
Commercial Type
Uses
Agricultural Type
Uses
Institutional Type
Uses
Non-Single-Family
Uses
Single-Family
Uses
Aircraft landing area Agricultural related
activities
Assisted living,
personal care
home
Apartments Single-family homes*
Amphitheatre Artist studio Daycares related
to church/school Country inn Accessory structures to
the SFR*
Bed and breakfast Barns or riding areas* Medical lodging,
group residences
Townhouses/two-
family Senior housing (SFR)
Driving range Cemetery and
mausoleum Museums Senior housing
(MFR)
Mobile homes,
accessory dwelling
(To be used as
temporary dwelling
while permanent
structure is built)
Exotic or wild animals Composting Places of worship Group residence for 5—
8 children
Festivals or events,
outdoor/indoor
Equine garment
fabrication
Schools,
private/special
Greenhouses—
Hydroponic, larger than
5,000 square feet*
Greenhouses*
Group residence for 9—
15 children
Lodge, retreat, or
campground
Kennel* Quarries and surface
mining
RZ20-19 - Text Amendment prepared for the City of Milton Mayor and City Council Meeting on November 16, 2020 (First
Presentation on November 2, 2020)
Page 2 of 2
Commercial Type
Uses
Agricultural Type
Uses
Institutional Type
Uses
Non-Single-Family
Uses
Single-Family
Uses
Landfill, solid waste Rural or Agricultural
event facility
Landscape business Farm Wineries*
Medical related
lodging
Farm Wineries
consumption on
premises of beer and/or
liquor
Race track
Recreational fields
Self storage/multi
Sky walk
Stadium (off-site)
associated with private
school
Uses within the C-1, C-2,
O-I zoning districts*
Veterinary, veterinary
hospital* *Allowed by right
within zoning district.
STATE OF GEORGIA ORDINANCE____
COUNTY OF FULTON RZ20-19
AN ORDINANCE TO AMEND SEC. 64-1121, ALLOWED USE CHART WITHIN THE
RURAL MILTON OVERLAY OF THE ZONING ORDINANCE (CHAPTER 64 OF THE
CITY CODE)
BE IT ORDAINED by the City Council of the City of Milton, GA while in a regularly called
council meeting on November 16, 2020 at 6:00 p.m. as follows:
SECTION 1. That the amended allowed use chart within the Rural Milton
Overlay District (Sec. 64-1121) is hereby adopted and approved; and is attached
hereto as if fully set forth herein, and;
SECTION 2. All ordinances, parts of ordinances, or regulations in conflict herewith
are repealed.
SECTION 3. That this Ordinance shall become effective upon its adoption.
ORDAINED this the 16th day of November, 2020.
____________________________________
Joe Lockwood, Mayor
Attest:
___________________________
Sudie AM Gordon, City Clerk
CITY COUNCIL AGENDA ITEM
TO: City Council DATE: October 26, 2020
FROM: Steven Krokoff, City Manager
AGENDA ITEM: Consideration of an Ordinance to Amend Chapter 4 – Section
85 – Farm Wineries, of the Alcoholic Beverages of the Code of
the City of Milton, Georgia
MEETING DATE: Monday, November 2, 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: __________
November 2, 2020
X
X
X
X
To: Honorable Mayor and City Council Members
From: Sarah LaDart, Economic Development Manager
Date: Submitted on October 12, 2020 for First Presentation on the
November 2, 2020 Regular City Council Meeting and Unfinished
Business on the November 16, 2020 Regular City Council Meeting
Agenda Item: Consideration of an Ordinance to Amend Chapter 4 – Section 85. –
Farm Wineries, of the Alcoholic Beverages of the Code of the City
of Milton, Georgia.
_____________________________________________________________________________________
Department Recommendation: Approval
Executive Summary:
Following Councils guidance, a new Use Permit has been presented that allows Farm
Wineries to apply for beer and/or liquor consumption on premises licenses. As part of
the new allowance for Farm Wineries, beer and liquor consumption on premises licenses
need to be added under the Farm Winery Section 4-85(c) - Licenses Issued in Chapter 4
- Alcoholic Beverages.
Funding and Fiscal Impact:
Potential increase in revenue as we create new opportunities for businesses in Milton.
Alternatives:
None.
Legal Review:
Paul Frickey, Jarrard & Davis – September 10, 2020
Concurrent Review:
Steve Krokoff, City Manager
Attachment(s):
Chapter 4-85 Red Line
Sec. 4-85. – Farm wineries.
Any duly licensed Farm Winery may offer wine samples and make retail sales of
its wine, other Georgia wines, and foreign wines as permitted under State law in a tasting
room on the premises of the Farm Winery without additional license requirements.
Nothing in this Section shall be deemed to prohibit a Farm Winery from obtaining
appropriate licenses or permits to allow special ev ents on its premises and provide
alcohol in conjunction with such licenses as permitted by state law and City Ordinances.
(a) Permitted sales. A Farm Winery may sell its wine, other Georgia wines, and
foreign wines as permitted under State law at retail in a tasting room or other
facility on the premises of the winery for consumption on-premises and in
closed packages for consumption off-premises.
(b) Licensee qualifications. The qualifications for the license for sale by Farm
Winery tasting room shall be the same as set forth in this Section.
(c) Licenses issued. The alcoholic beverage licenses which may be issued to
Farm Wineries under this Chapters are:
1) Wholesaler of Farm Winery production. A Farm Winery shall be granted
a wholesale license for sale and distribution as provided by O.C.G.A. §
3-6-21.1. Such license shall be issued upon application and payment of
established fees and upon presentation of a receipt for payment of the
state annual license tax as provided by the referenced code provisions
in this Section.
2) Retail package sales of wine. Each retail package sales license shall
require that all sales shall be by and through the Farm Winery tasting
room at the site which said license is issued.
3) Farm Winery tasting room for consumption on-premises sales of wine.
Each license for the sale of wine for consumption on-premises shall
require that all consumption shall be at the Farm Winery site for which
said license is issued. This site shall include any wedding or dining
facilities associated with the Farm Winery. Except as specifically set
forth in this Article, all such licenses remain subject to all other provisions
of this Chapter that govern on-premise consumption.
4) Multiple Farms Winery licenses. A Farm Winery may apply for and, if
approved, may be issued multiple Farm Winery licenses as provided in
this Section for any single site. At the primary Farm Winery facility where
the wine is produced, such site may be licensed for wholesale, retail
package sales and consumption on-premises sales. For any site other
than the primary Farm Winery facility where the wine is produced, up to
the maximum number of such sites as may be permitted by state statute,
such site may be licensed for retail package wine sales and consumption
on-premise.
5) Special Event Alcohol License or Events Facility License . Nothing in
this Section shall be deemed to prohibit a Farm Winery from obtaining
appropriate licenses or permits to allow special events on its premises
and provide alcohol in conjunction with such licenses as permitted by
state law and City Ordinances.
6) Beer and Liquor Consumption on Premises. Beer and liquor
consumption on premises shall be permitted on the Farm Winery
property with the issuance of a Use Permit, pursuant to Chapter 64 of
this Code and subject to the associated requirements thereof, and the
issuance of the appropriate licenses from the state and the City.
(d) Ratio of sales. There shall be no specified or required ratio of alcohol sales to
any other income for Farm Winery operations.
(e) Hours and days of sale. Farm Wineries shall be permitted to operate only
during the following hours and days of the week, as indicated:
1) Monday through Saturday, from 9:00 a.m. until 10:00 p.m.
2) Sunday from 12:30 p.m. until 10:00 p.m.
3) The licensed business shall open its business each day it is open by not
later than 5:00 p.m.
(f) Applicable provisions. The provisions of this Chapter regarding qualifications
of the licensee and other matters shall apply to the issuance of the license for
sale by a Farm Winery tasting room and the operation thereof.
(c) Licensing limitations. The license created in accord with this Article shall be
limited to Farm Winery tasting rooms licensed by the State of Georgia in accord
with O.C.G.A. § 3-6-21.1 et seq., and the licensee shall be permitted to perform
only acts allowed in accord with such statutes. No license is hereby created
authorizing any other use.
(d) Renewals. All applications for renewal of a Farm Winery license or licenses
shall be accompanied by a copy of the current state license. Failure to present
a valid copy of a current and valid state license may result in a refusal to renew
the license.
STATE OF GEORGIA ORDINANCE____
COUNTY OF FULTON
AN ORDINANCE TO AMEND SECTION 85 – FARM WINERIES OF CHAPTER 4 –
ALCOHOLIC BEVERAGES, OF THE CODE OF THE CITY OF MILTON, GEORGIA
BE IT ORDAINED by the City Council of the City of Milton, GA while in a regularly called
council meeting on November 16, 2020 at 6:00 p.m. as follows:
SECTION 1. That the amendment of Chapter 4 - Section 85, of the Code of the
City of Milton, Georgia is hereby adopted and approved; and is attached
hereto as if fully set forth herein, and;
SECTION 2. All ordinances, parts of ordinances, or regulations in conflict herewith
are repealed.
SECTION 3. That this Ordinance shall become effective upon its adoption.
ORDAINED this the 16th day of November 2020.
____________________________________
Joe Lockwood, Mayor
Attest:
___________________________
Sudie AM Gordon, City Clerk
CITY COUNCIL AGENDA ITEM
TO: City Council DATE: October 26, 2020
FROM: Steven Krokoff, City Manager
AGENDA ITEM: Consideration of an Ordinance Revision to Chapter 46 Article
II, Section 46-24 for Prohibitions of Public and Private Littering
MEETING DATE: Monday, November 2, 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
November 2, 2020
X
X
X
To: Honorable Mayor and City Council Members
From: Robert W. Drewry, Director of Public Works
Date: Submitted on October 21, 2020 for First Presentation on November
2, 2020 Regular City Council Meeting and Unfinished Business on
November 16, 2020 Regular City Council Meeting
Agenda Item: Consideration of an Ordinance Revision to Chapter 46 Article II,
Section 46-24 for Prohibitions of Public and Private Littering
_____________________________________________________________________________________
Department Recommendation: Approval.
Executive Summary:
The current municipal code addresses public and private littering requirements within
Milton’s jurisdiction. The proposed update is from the Georgia’s Environmental Protection
Division’s current model ordinance on litter control. Georgia’s Environmental Protection
Division’s recently performed an audit regarding the City of Milton’s MS4 state permit.
The results of this state audit require Milton to adopt Georgia EPD’s current litter control
ordinance to meet Milton’s state MS4 permit requirements.
Funding and Fiscal Impact:
None
Alternatives:
1. Adopt the ordinance per staff’s recommendation.
2. Not to adopt the ordinance.
Legal Review:
Ken Jarrard, Jarrard & Davis, 10/1 9/20
Concurrent Review:
Steve Krokoff, City Manager
Attachment(s):
Ordinance to Amend 46-24
Exhibit “A” to Ordinance
PAGE 1 OF 4
STATE OF GEORGIA ORDINANCE NO.
COUNTY OF FULTON
AN ORDINANCE AMENDING ARTICLE 2 OF CHAPTER 46 OF THE
MILTON CODE TO REVISE THE CITY’S LITTER CONTROL
ORDINANCE
WHEREAS, pursuant to its Charter and other laws of the State of Georgia, the City of
Milton, Georgia, has the power to adopt reasonable ordinances, resolutions and regulations for the
protection and preservation of the public health, safety and welfare of its citizens; and
WHEREAS, the Milton Code includes provisions relating to control of litter within the
City limits; and
WHEREAS, the City Council desires to amend the Milton Code to revise the City’s
regulations related to control of litter,
NOW THEREFORE, the Council of the City of Milton hereby ordains, while in a
regularly called council meeting on November 16, 2020, at 6:00 p.m., as follows:
SECTION 1. The Code of Ordinances of the City of Milton, Georgia, is hereby amended
to delete the entirety of Chapter 46, Article II – Littering, and, in its place, add those provisions
set forth in Exhibit A, attached hereto and incorporated herein by this reference.
SECTION 2. All ordinances, parts of ordinances, or regulations in conflict herewith are
hereby repealed.
SECTION 3. This Ordinance shall become effective upon its adoption.
ORDAINED this the 16th day of November 2020.
_________________________________
Attest: Joe Lockwood, Mayor
______________________________
Sudie AM Gordon, City Clerk
EXHIBIT “A”
LITTER CONTROL ORDINANCE
46-24 GENERAL PROVISIONS
(a) Purpose and Intent
The purpose of this Article is to protect the public health, safety, environment, and general
welfare through the regulation and prevention of litter. The objectives of this Article are:
(1) Provide for uniform prohibition throughout the City of Milton of any and all littering on
public or private property; and,
(2) Prevent the desecration of the beauty and quality of life of the City of Milton and prevent
harm to the public health, safety, environment, and general welfare, including the
degradation of water and aquatic resources caused by litter.
(b) Applicability
This Article shall apply to all public and private property within the City of Milton.
(c) Compatibility with Other Regulations
This Article is not intended to interfere with, abrogate, or annul any other Article, rule or
regulation, stature, or other provision of law. The requirements of this Article should be
considered minimum requirements, and where any provision of this Article imposes restrictions
different from those imposed by any other Article, rule or regulation, or other provision of law,
whichever provisions are more restrictive or impose higher protective standards for human health
or the environment shall be considered to take precedence.
(d) Severability
If the provisions of any article, section, subsection, paragraph, subdivision or clause of this
Article shall be judged invalid by a court of competent jurisdiction, such order of judgment shall
not affect or invalidate the remainder of any article, section, subsection, paragraph, subdivision
or clause of this Article.
46-25 DEFINITIONS
(a) For purposes of this article, the following definitions shall apply:
(1) “Litter” means any organic or inorganic waste material, rubbish, refuse, garbage, trash,
hulls, peelings, debris, grass, weeds, ashes, sand, gravel, slag, brickbats, metal, plastic,
and glass containers, broken glass, dead animals or intentionally or unintentionally
discarded materials of every kind and description which are not "waste" as such term is
defined in O.C.G.A., §16-7-51, paragraph 6.
(2) “Public or private property” means the right of way of any road or highway; any body
of water or watercourse or the shores thereof; any park, playground, building, refuge, or
conservation or recreation area; timberlands or forests; and residential, commercial,
industrial, or farm properties.
46-26 PROHIBITION AGAINST LITTERING PUBLIC OR PRIVATE PROPERTY OR
WATERS
(a) It shall be unlawful for any person or persons to dump, deposit, throw or leave or to cause
or permit the dumping, depositing, placing, throwing or leaving of litter on any public or private
property in the City of Milton or any waters in the City of Milton unless:
(1) The property is designated by the State or by any of its agencies or political subdivisions
for the disposal of such litter, and such person is authorized by the proper public authority
to use such property;
(2) The litter is placed into a receptacle or container installed on such property; or,
(3) The person is the owner or tenant in lawful possession of such property, or has first
obtained consent of the owner or tenant in lawful possession, or unless the act is done
under the personal direction of the owner or tenant, all in a manner consistent with the
public welfare.
46-27 VEHICLE LOADS CAUSING LITTER
No person shall operate any motor vehicle with a load on or in such vehicle unless the load on or
in such vehicle is adequately secured to prevent the dropping or shifting of materials from such
load onto the roadway.
46-28 VIOLATIONS, ENFORCEMENT AND PENALTIES
(a) Violations
It shall be unlawful for any person to violate any provision or fail to comply with any of the
requirements of this Article. Any person who has violated or continues to violate the provisions
of this Article, may be subject to the enforcement actions outlined in this section or may be
restrained by injunction or otherwise sentenced in a manner provided by law.
(b) Evidence
(1) Whenever litter is thrown, deposited, dropped or dumped from any motor vehicle, boat,
airplane, or other conveyance in violation of this Article, it shall be prima facie evidence
that the operator of the conveyance has violated this Article.
(2) Except as provided in subsection (1), whenever any litter which is dumped, deposited,
thrown or left on public or private property in violation of this Article is discovered to
contain any article or articles, including but not limited to letters, bills, publications or
other writing which display the name of the person thereon in such a manner as to
indicate that the article belongs or belonged to such person, it shall be a rebuttable
presumption that such person has violated this Article.
(c) Penalties
Any person who violates this Article shall be guilty of a violation and, upon conviction thereof,
shall be punished as follows:
(1) By a fine of not less than $200 and not more than $1,000; and
(2) In addition to the fine set out in subsection 1 above, the violator shall reimburse the City
of Milton for the reasonable cost of removing the litter when the litter is or is ordered
removed by the City of Milton; and
(3) The court may publish the names of persons convicted of violating this Article.
(d) Enforcement
All law enforcement agencies, officers and officials of this state or any political subdivision
thereof, or any enforcement agency, officer or any official of any commission of this state or any
political subdivision thereof, are hereby authorized, empowered and directed to enforce
compliance with this article.
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
November 2, 2020
X
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 28, 2020
FROM: Steven Krokoff, City Manager
AGENDA ITEM: Consideration of a Resolution Adopting the Capital
Improvements Element 2020 Annual Update, Relating to the
City’s Impact Fee Program
MEETING DATE: Monday, November 2, 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
November 2, 2020
X
X
X
To: Honorable Mayor and City Council Members
From: Robert Buscemi, City Architect
Date: Submitted on October 27, 2020 for the November 2, 2020 Regular
Council Meeting
Agenda Item: Consideration of a Resolution Adopting the Capital Improvements
Element 2020 Annual Update, Relating to the City’s Impact Fee
Program.
______________________________________________________________________________
Department Recommendation:
Approval.
Executive Summary:
As a municipality that collects Impact Fees, a Capital Improvements Element (CIE) Annual
Update is required per the Georgia Department of Community Affairs (DCA). The 20 20 CIE
update contains the five-year project lists for impact fee eligible items based on the previously
adopted 2019 CIE. A 2020 CIE Annual Update was prepared by the city’s impact fee
consultants, Ross+ Associates. The document was reviewed by staff . A public hearing was
held on September 9, 2020 and the council approved a resolution to transmit the draft 2020
CIE Annual Update for State and regional review.
The Atlanta Regional Commission and the Georgia Department of Community Affairs have
reviewed the 2020 Capital Improvements Element Annual Update, and in a letter dated
October 13, 2020 have found it to be consistent with all State and Regional requirements.
Funding and Fiscal Impact:
None
Alternatives:
None
Legal Review:
Paul Frickey – Jarrard & Davis 10-21-2019
Concurrent Review:
Steve Krokoff
Attachment(s):
2020 Resolution to Adopt
2020 Capital Improvements Element (CIE) Annual Update
Approval letter from ARC dated 10-13-2020
STATE OF GEORGIA
COUNTY OF FULTON RESOLUTION NO.
A RESOLUTION ADOPTING THE CAPITAL IMPROVEMENTS ELEMENT 2020 ANNUAL UPDATE
WHEREAS, On September 21, 2015, the City of Milton adopted a Capital Improvements
Element (CIE) as an amendment to the Milton Comprehensive Plan; and
WHEREAS, On September 24, 2019, the City adopted the 2019 Annual Update of the
Capital Improvements Element; and
WHEREAS, the City of Milton has prepared a 2020 Annual Update to the adopted Capital
Improvements Element (including financial data for fiscal year 2019 as applicable); and
WHEREAS, a proposed Capital Improvements Element 2020 Annual Update (a copy of
which is attached hereto as Exhibit “A”) was prepared, submitted to, and reviewed by the
Atlanta Regional Commission and the Georgia Department of Community Affairs in
accordance with the “Development Impact Fee Compliance Requirements” and the
“Minimum Planning Standards and Procedures for Local Comprehensive Planning”
adopted by the Department of Community Affairs pursuant to the Georgia Planning Act
of 1989; and
WHEREAS, the Atlanta Regional Commission and the Georgia Department of Community
Affairs have reviewed the 2020 Capital Improvements Element Annual Update, and on
October 13, 2020, found it to be in compliance with all State and Regional requirements (a
copy of the approval letter is attached hereto as Exhibit “B”);
BE IT THEREFORE RESOLVED that the Milton City Council does hereby adopt the Capital
Improvements Element 2020 Annual Update attached hereto as Exhibit “A”, in
accordance with the requirements of the Development Impact Fee Compliance
Requirements adopted pursuant to the Georgia Planning Act of 1989.
RESOLVED this 2nd day of November 2020.
_________________________
Joe Lockwood, Mayor
Attest:
_____________________________
Sudie AM Gordon, City Clerk
Capital Improvements
Element
2020 Annual Update
Fiscal Year 2019 (10/1/18—9/30/19)
Financial Report &
Community Work Program
City of Milton, Georgia
November 2, 2020
Introduction
City of Milton 2020 CIE Annual Update _____________________ 11/2/20 ______________________________________________ page 1
This Capital Improvements Element Annual
Update has been prepared based on the
rules and regulations pertaining to impact
fees in Georgia, as specified by the Devel-
opment Impact Fee Act (DIFA) and the De-
partment of Community Affairs (DCA) docu-
ments Development Impact Fee Compliance
Requirements and Standards and Proce-
dures for Local Comprehensive Planning.
These three documents dictate the essential
elements of an Annual Update, specifically
the inclusion of a financial report and a
schedule of improvements.
According to DCA’s Compliance Require-
ments, the Annual Update:
“must include: 1) the Annual Report on
impact fees required under O.C.G.A. 36-
71-8; and 2) a new fifth year schedule of
improvements, and any changes to or re-
visions of previously listed CIE projects,
including alterations in project costs, pro-
posed changes in funding sources, con-
struction schedules, or project scope.”
(Chapter 110-12-2-.03(2)(c))
This Annual Update itself is based on the
City of Milton’s Capital Improvements Ele-
ment, as adopted by the City September 21,
2015.
1 Note that DCA’s Compliance Requirements specify
that the work program is to meet the requirements of
Chapter 110-12-1-.04(7)(a), which is a reference to
the work program requirements in a previous version
Financial Report
The Financial Report included in this
document is based on the require-
ments of DIFA, specifically:
“As part of its annual audit pro-
cess, a municipality or county shall
prepare an annual report describing
the amount of any development
impact fees collected, encumbered,
and used during the preceding year
by category of public facility and
service area.” (O.C.G.A. 36-71-
8(c))
The required financial information for
each public facility category appears in
the main financial table (page 2); each
of the public facility categories has a
single, city-wide service area. The sta-
tus of all impact fee projects, by public
facility category, is shown on the ta-
bles on pages 3, 4, 5 and 6.
The City’s fiscal year runs from Octo-
ber 1 to September 30.
of the Standards and Procedures for Local Com-
prehensive Planning. The correct current de-
scription is found at Chapter 110-12-1-
Schedule of Improvements
In addition to the financial report, the City
has prepared a five-year schedule of im-
provements—a community work program
(CWP)—as specified in DCA’s Compliance
Requirements (Chapter 110-12-2-
.03(2)(c)), which states that local govern-
ments that have a CIE must “update their
entire Short Term [i.e., Community] Work
Programs annually.”)1.
According to DCA’s requirements,2 the CWP
must include:
A brief description of the activity;
Legal authorization, if applicable;
Timeframe for undertaking the activity;
Responsible party for implementing the
activity;
Estimated cost (if any) of implementing
the activity; and,
Funding source(s), if applicable.
All of this information appears in the Com-
munity Work Program portion of this docu-
ment, beginning on page 7.
.04(2)(b)1.
2 Chapter 110-12-1-.03(3).
Financial Report
City of Milton 2020 CIE Annual Update ___________________ 11/2/20 _______________________________________________ page 2
IMPACT FEES FINANCIAL REPORT – CITY OF MILTON, GA
Fiscal Year 2019
City of Milton
Public Facility Parks &
Recreation
Fire
Protection
Law
Enforcement Roads Adminis-
tration TOTAL
Impact Fee Fund Balance
October 1, 2018 1,565,413.70$ 210,654.30$ 45,484.73$ 52,967.11$ 2,980.20$ 1,877,500.04$
Impact Fees Collected (October 1,
2018 through September 30, 2019)938,480.10$ 83,146.33$ 14,512.99$ 112,057.95$ 34,446.42$ 1,182,643.79$
Subtotal: Fee Accounts 2,503,893.80$ 293,800.63$ 59,997.72$ 165,025.06$ 37,426.62$ 3,060,143.83$
Accrued Interest 948.27$ 83.69$ 14.61$ 110.40$ 34.72$ 1,191.69$
(Impact Fee Refunds)-$ -$ -$ -$ -$ -$
(Expenditures)(12,760.00)$ (40,251.67)$ -$ -$ (4,130.00)$ (57,141.67)$
Impact Fee Fund Balance
September 30, 2019 2,492,082.07$ 253,632.65$ 60,012.33$ 165,135.46$ 33,331.34$ 3,004,193.85$
Impact Fees Encumbered 2,492,082.07$ 253,632.65$ 60,012.33$ 165,135.46$ 33,331.34$ 3,004,193.85$
Annual Impact Fee Financial Report - Fiscal Year 2019
Financial Report
City of Milton 2020 CIE Annual Update ___________________ 11/2/20 _______________________________________________ page 3
Public Facility:
Responsible Party:Parks and Recreation Department
Service Area:
Project Description
Project
Start
Date
Project
End
Date
Local Cost of
Project*
Maximum % of
Funding from
Impact Fees
Max Funding
from Impact Fees*
FY 2019
Impact Fees
Expended
Impact Fees
Expended
(Previous Years)
Total Impact
Fees Expended
to Date
Impact Fees
Encumbered Status/Remarks
Park Land (455 acres)2017 2035 68,665,646.59$ 67.39%46,275,786.85$ -$ 856,396.45$ 856,396.45$ $ 2,313,218.05
Trailhead Park, Mayfield Farm
Park, Milton County Club
Conservation Easements (2747 ac)2017 2035 37,687,219.02$ 41.44%15,616,326.67$ -$ -$
Land for Trails (110 acres)2017 2035 22,637,026.35$ 41.39%9,369,796.00$ -$ -$ 178,864.02$
Baseball Fields (8)2022 2035 2,416,978.76$ 63.80%1,541,931.23$ 12,760.00$ 12,760.00$
Football/Soccer/Lacrosse (2)2022 2035 277,625.94$ 89.85%249,433.52$ -$ -$
Basketball Courts (11)2022 2035 898,201.57$ 42.18%378,852.88$ -$ -$
Playgrounds (Structured) (34)2020 2035 1,665,755.63$ 42.89%714,408.29$ -$ 21,445.00$ 21,445.00$ Broadwell Park
Picnic Shelters / Pavilions (34)2020 2035 4,997,266.90$ 42.89%2,143,224.88$ -$ -$
Community Centers (4)2024 2035 2,605,646.33$ 42.53%1,108,195.49$ -$ -$ Delayed
Multi-Use Trails (90.76 miles)2020 2035 62,195,885.85$ 42.48%26,419,298.43$ -$ -$
204,047,252.94$ 103,817,254.24$ $12,760.00 877,841.45$ 890,601.45$ 2,492,082.07$
*All costs are Net Present Value per CIE adopted September 21, 2015. Maximum funding based on percent impact fee eligible.
When impact fees are initially calucated for proposed projects, they are based on estimated costs, and the percentage of the estimate that is impact fee eligible is calculated based
on the Level of Service standards in the Capital Improvements Element, which yielded the proportion of the project that is required to meet the needs of future growth and develop-
ment. When a project is completed, the actual cost is then known and, based on the percent eligible for impact fee funding, the actual amount of impact fee collections that can be
expended on the project is revised accordingly so that the proportional share of the project attributable to new growth and development is not exceeded.
NOTE: For projects that are not 100% impact fee funded, funding may be provided from the General Fund, the Capital Projects Fund or other local taxation sources, as
determined during the annual budget adoption process.
Parks and Recreation
City-Wide
Financial Report
City of Milton 2020 CIE Annual Update ___________________ 11/2/20 _______________________________________________ page 4
Public Facility:
Responsible Party:Fire Department / Administration
Service Area:
Project Description
Project
Start
Date
Project
End
Date
Local Cost of
Project*
Maximum % of
Funding from
Impact Fees
Max Funding
from Impact Fees*
FY 2019
Impact Fees
Expended
Impact Fees
Expended
(Previous Years)
Total Impact
Fees Expended
to Date
Impact Fees
Encumbered Status/Remarks
Emergency Warning Sirens 2014 2018 216,329.00$ 41.44%89,646.74$ -$ -$
Storage Facility 2017 2019 267,096.40$ 100.00%267,096.40$ 40,251.00$ 40,251.00$
Fire Station 42 Replacement 2020 2022 1,389,243.43$ 40.00%555,697.37$ -$ -$ 253,632.65$
Training Facility 2017 2017 430,176.66$ 100.00%430,176.66$ -$ 50,000.00$ 50,000.00$ Completed
Westside Fire Station **2024 2026 1,501,562.50$ 66.67%1,001,091.72$ -$ -$
Hwy 9 Fire Station **2017 2020 1,428,686.06$ 100.00%1,428,686.06$ -$ -$
General Vehicle 2015 2015 38,609.80$ 100.00%38,609.80$ -$ -$ Completed
Heavy Vehicle 2016 2016 453,066.46$ 100.00%453,066.46$ -$ -$ Completed
General Vehicle 2020 2020 39,442.62$ 100.00%39,442.62$ -$ -$
Heavy Vehicle 2018 2018 462,839.28$ 100.00%462,839.28$ -$ -$ Delayed; 2019 completion
General Vehicle 2022 2022 40,725.67$ 100.00%40,725.67$ -$ -$
Heavy Vehicle 2021 2021 477,895.17$ 100.00%477,895.17$ -$ -$
General Vehicle 2024 2024 42,050.45$ 100.00%42,050.45$ -$ -$
Heavy Vehicle 2024 2024 493,440.83$ 100.00%493,440.83$ -$ -$
Heavy Vehicle 2027 2027 509,492.17$ 100.00%509,492.17$ -$ -$
General Vehicle 2029 2029 43,884.11$ 100.00%43,884.11$ -$ -$
Heavy Vehicle 2030 2030 526,065.66$ 94.36%496,408.38$ -$ -$
General Vehicle 2033 2033 45,797.72$ 94.36%43,215.84$ -$ -$
Heavy Vehicle 2033 2033 543,178.27$ 0.00%-$ -$ -$
General Vehicle 2034 2034 47,287.49$ 0.00%-$ -$ -$
8,996,869.75$ 6,913,465.73$ 40,251.00$ 50,000.00$ 90,251.00$ 253,632.65$
*All costs are Net Present Value per CIE adopted September 21, 2015. Maximum funding based on percent impact fee eligible.
When impact fees are initially calucated for proposed projects, they are based on estimated costs, and the percentage of the estimate that is impact fee eligible is calculated based
on the Level of Service standards in the Capital Improvements Element, which yielded the proportion of the project that is required to meet the needs of future growth and develop-
ment. When a project is completed, the actual cost is then known and, based on the percent eligible for impact fee funding, the actual amount of impact fee collections that can be
expended on the project is revised accordingly so that the proportional share of the project attributable to new growth and development is not exceeded.
**Percent impact fee eligible revised due to change in anticipated year of expenditure.
NOTE: For projects that are not 100% impact fee funded, funding may be provided from the General Fund, the Capital Projects Fund or other local taxation sources, as
determined during the annual budget adoption process.
Fire Protection
City-wide
Facilities
Vehicles
NOTE: For projects that have been completed and paid for (or are not eligible for impact fee funding), the cells in the "FY2018 Impact Fees Expended" column are shaded out, indicating that
no impact fees or additional impact fees will be expended on those projects.
Financial Report
City of Milton 2020 CIE Annual Update ___________________ 11/2/20 _______________________________________________ page 5
Public Facility:
Responsible Party:Police Department / Administration
Service Area:
Project Description
Project
Start
Date
Project
End
Date
Local Cost of
Project*
Maximum % of
Funding from
Impact Fees
Max Funding
from Impact Fees*
FY 2019
Impact Fees
Expended
Impact Fees
Expended
(Previous Years)
Total Impact
Fees Expended
to Date
Impact Fees
Encumbered Status/Remarks
Law Enforcement Center, Phase 1 2016 2017 30,947.62$ 41.44%12,825.42$ -$ - -$
Law Enforcement Center, Phase 2 2018 2018 1,729,358.54$ 41.44%716,686.51$ -$ - -$
Law Enforcement Center, Phase 3 2019 2020 2,738,978.49$ 41.44%1,135,096.56$ -$ - -$ 60,012.33$ Delayed; 2020 completion
4,499,284.65$ 1,864,608.49$ -$ -$ -$ 60,012.33$
*All costs are Net Present Value per CIE adopted September 21, 2015. Maximum funding based on percent impact fee eligible.
When impact fees are initially calucated for proposed projects, they are based on estimated costs, and the percentage of the estimate that is impact fee eligible is calculated based
on the Level of Service standards in the Capital Improvements Element, which yielded the proportion of the project that is required to meet the needs of future growth and develop-
ment. When a project is completed, the actual cost is then known and, based on the percent eligible for impact fee funding, the actual amount of impact fee collections that can be
expended on the project is revised accordingly so that the proportional share of the project attributable to new growth and development is not exceeded.
NOTE: For projects that are not 100% impact fee funded, funding may be provided from the General Fund, the Capital Projects Fund or other local taxation sources, as
determined during the annual budget adoption process.
Law Enforcement
City-wide
Financial Report
City of Milton 2020 CIE Annual Update ___________________ 11/2/20 _______________________________________________ page 6
Public Facility:
Responsible Party:Public Works
Service Area:
Project Description
Project
Start
Date
Project
End
Date
Local Cost of
Project*
Maximum % of
Funding from
Impact Fees
Max Funding
from Impact Fees*
FY 2019
Impact Fees
Expended
Impact Fees
Expended
(Previous Years)
Total Impact
Fees Expended
to Date
Impact Fees
Encumbered Status/Remarks
Intersection-Hopewell/Francis/Cogburn 2014 2014 992,103.00$ 40.1%397,918.39$ -$ -$ Complete
Intersection-Deerfield Pkwy @ Morris Rd 2014 2014 85,206.00$ 40.1%34,174.91$ -$ -$ Complete
Intersection-Bethany @ Cogburn 2014 2014 446,923.00$ 40.1%179,254.45$ -$ -$ Complete
Intersection-Arnold Mill @ New Providence 2014 2014 313,300.00$ 40.1%125,660.17$ -$ -$ Complete
Intersection-Birmingham @ Providence 2014 2014 852,581.00$ 40.1%341,958.10$ -$ -$ Complete
Intersection-Hopewell @ Birmingham **2015 2015 1,700,234$ 40.1%681,939.66$ -$ 96,000.00$ 96,000.00$ Complete
Intersection-Crabapple @ Birmingham 2014 2018 1,353,263.94$ 40.1%542,774.90$ -$ -$ Complete
Transportation Master Plan Update 2015 2016 231,044.84$ 40.1%92,668.80$ -$ -$ Complete
McGinnis Ferry Interchange 2015 2015 51,343.30$ 40.1%20,593.07$ -$ -$ Complete
Crabapple NE Connector Rd 2017 2020 2,581,434.50$ 40.1%1,035,376.64$ -$ -$ Delayed
Bridge Replacement Program 2014 2021 2,445,358.07$ 40.1%980,798.32$ -$ -$
Intersection-Freemanville @ Providence/B'ham 2015 2021 2,409,375.80$ 40.1%966,366.34$ -$ 205,971.08$ 205,971.08$ 94,655.65$ Phase 1 Complete
Phase 2 in 2021
Intersection-SR9 @ Bethany Bend 2014 2025 173,168.05$ 40.1%69,455.24$ -$ -$ Pushed back by GDOT
Intersection-Webb Rd Turn Lanes 2015 2015 189,970.20$ 40.1%76,194.34$ -$ -$ Complete
Intersection-Bethany @ Providence 2016 2022 1,794,032.06$ 40.1%719,560.72$ -$ -$ 70,479.81$
Intersection-Hopewell @ Bethany Bnd/ Way 2025 2025 3,346,503.60$ 40.1%1,342,234.96$ -$ -$
Intersection-Hopewell @ Redd Road 2015 2017 123,223.91$ 40.1%49,423.36$ -$ -$
Intersection-Hopewell @ Hamby 2020 2022 1,412,239.23$ 40.1%566,429.05$ -$ -$
Intersection-Hopewell @ Thompson 2021 2021 1,439,668.46$ 40.1%577,430.53$ -$ -$
Crabapple SE Connector 2021 2025 180,587.44$ 40.1%72,431.05$ -$ -$
Hopewell/Hamby Road Widening 2030 2030 7,991,049.35$ 40.1%3,205,096.16$ -$ -$
Morris Road Widening 2024 2024 9,125,056.76$ 40.1%3,659,930.39$ -$ -$
39,237,666.52$ 15,737,669.56$ -$ 301,971.08$ 301,971.08$ 165,135.46$
*All costs are Net Present Value per CIE adopted September 21, 2015, except as noted with " ** ", which are actual costs. Maximum funding based on percent impact fee eligible.
When impact fees are initially calucated for proposed projects, they are based on estimated costs, and the percentage of the estimate that is impact fee eligible is calculated based
on the Level of Service standards in the Capital Improvements Element, which yielded the proportion of the project that is required to meet the needs of future growth and develop-
ment. When a project is completed, the actual cost is then known and, based on the percent eligible for impact fee funding, the actual amount of impact fee collections that can be
expended on the project is revised accordingly so that the proportional share of the project attributable to new growth and development is not exceeded.
**Actual cost figures related to impact fee funding shown for this project.
NOTE: For projects that are not 100% impact fee funded, funding may be provided from the General Fund, the Capital Projects Fund or other local taxation sources, as
determined during the annual budget adoption process.
Roads
City-wide
NOTE: For projects that have been completed and paid for (or are not eligible for impact fee funding), the cells in the "FY2018 Impact Fees Expended" column are shaded out, indicating that
no impact fees or additional impact fees will be expended on those projects.
Community Work Program
City of Milton 2020 CIE Annual Update ______________ DRAFT 11/2/20 ______________________________________ page 7
The City adopted a Comprehensive Plan update which included a complete CWP covering the years 2017 to 2021 (including all
projects eligible for impact fee funding). The master Community Work Program within the Comprehensive Plan update include s all
project activities, including the specific impact fee eligible projects for the 2017-2021 timeframe.
The following listing of impact fee projects is submitted as part of this CIE Annual Update report, updated to cover the 5-year period
2021-2025, and thereby amends the master CWP in the Comprehensive Plan.
2021-2025 Community Work Program – Impact Fee Eligible Projects
Project Description
20212022202320242025Responsible
Party
Cost
Estimate Funding Sources Notes/ Explanation
Parks & Recreation
Continue land acquisition
program for park lands x x x x x Parks and
Recreation
$3,614,000
estimated
annual average
67.39% Impact Fees;
Bond Issue
On-going debt service to
bonds
Continue acquisition program
for conservation easements
and multi-use trails
x x x x x Parks and
Recreation
$3,175,000
estimated
annual average
41.44% Impact Fees for
conservation
easements; 41.39%
Impact Fees for multi-
use trails; Bond issue
On-going debt service to
bonds
Construction of multi-use
trails x x x x x
Parks and
Recreation /
Public Works
$3,273,000
estimated
annual average
42.48% Impact Fees;
General Fund On-going annually
Design and improve
Providence Park:
1 Playground (structured)
1 Pavilion / Picnic Shelter
1 Multi-Use Trail (1 mi. est.)
1 Baseball Field x x Parks and
Recreation $302,122 63.79% impact fees;
General Fund.
42.89% Impact Fees for
playground and
pavilion/picnic shelter;
42.48% Impact Fees for
trail; General Fund
Completion in 2023xxxParks and
Recreation $881,250
Community Work Program
City of Milton 2020 CIE Annual Update ______________ DRAFT 11/2/20 ______________________________________ page 8
Project Description
20212022202320242025Responsible
Party
Cost
Estimate Funding Sources Notes/ Explanation
Parks & Recreation con't
1 Football/Soccer/Lacrosse x x Parks and
Recreation $138,813 89.85% impact fees;
General Fund.
2 Basketball Courts x x Parks and
Recreation $163,309 42.18% impact fees;
General Fund.
1 Playground (Structured)x x Parks and
Recreation $21,012 42.89% impact fees;
General Fund.
1 Picnic Shelter / Pavilion x x Parks and
Recreation $63,036 42.89% impact fees;
General Fund.
Design and construct a
community center x x x Parks and
Recreation $651,412 42.53% Impact Fees;
General Fund
Fire
Replace Fire Station 42 x Fire/
Administration $1,389,243 40% impact fees;
General Fund Completion in 2021
Construct Westside Fire
Station x x Fire/
Administration $1,501,563 66.67% impact fees;
General Fund Completion in 2026
Purchase heavy vehicle x Fire/
Administration $477,895 100% impact fees
Purchase general vehicle x Fire/
Administration $40,084 100% impact fees
Purchase heavy vehicle x Fire/
Administration $493,441 100% impact fees
Purchase general vehicle x Fire/
Administration $42,050 100% impact fees
Police
Design and construct Law
Enforcement Center
Police/
Administration $4,499,285 41.44% impact fees;
General Fund
Completion and occupancy
in 2020.
Community Work Program
City of Milton 2020 CIE Annual Update ______________ DRAFT 11/2/20 ______________________________________ page 9
Project Description
20212022202320242025Responsible
Party
Cost
Estimate Funding Sources Notes/ Explanation
Transportation
Bridge Replacement Program x x x x x Public Works $2,445,358 40.1% impact fees;
General Fund Annual improvements
Intersection-Freemanville @
Providence & B'ham x x Public Works $2,409,376 40.1% impact fees;
General Fund
To be completed in phases;
Phase 1 completed in 2019
(Freemanville@Providence),
Phase 2 to be completed in
2022
Intersection-Bethany @
Providence x x x Public Works $1,794,032 40.1% impact fees;
General Fund Completion in 2023
Intersection-Hopewell @
Hamby x Public Works $1,412,239 40.1% impact fees;
General Fund Completion in 2021
Intersection-Hopewell @
Thompson x Public Works $1,439,668 40.1% impact fees;
General Fund Completion in 2021
Crabapple SE Connector x x x x x Public Works $180,587 40.1% impact fees;
General Fund Completion in 2025
Morris Road Widening x Public Works $9,125,057 40.1% impact fees;
General Fund Completion in 2024
October 13, 2020
Mayor Joe Lockwood
City of Milton
2006 Heritage Walk
Milton, GA 30004
RE: 2020 Capital Improvements Element (CIE) Update
Dear Mayor Lockwood:
ARC has completed the regional review of the 2020 CIE Annual Update for the City of Milton.
We are pleased to inform you that the Georgia Department of Community Affairs (DCA) has
determined that the updates conform to the Development Impact Fee Compliance
Requirements. Please see the attached advisory comment from DCA staff noting a typo that
should be corrected for local adoption.
Renewal of Qualified Local Government (QLG) status is contingent on local adoption of the
update, which may take place at any time. Once adopted, please send ARC digital copies of the
adoption resolution and the final, “as adopted” update documents, so that we may forward
them to DCA. Upon receiving notice that the update has been adopted, DCA will renew the
City’s QLG status.
I commend the City’s leadership and staff for your commitment to the comprehensive planning
process. Please contact Greg Giuffrida at ggiuffrida@atlantaregional.org or 470-378-1531 if you
have any questions or if we can provide further assistance.
Sincerely,
Samyukth Shenbaga, AICP
Manager, Community Development Group
Enclosures
Cc: Michele McIntosh-Ross, Principal Planner
From:Jon West
To:Greg Giuffrida
Cc:PEMD OPQG Administration
Subject:City of Milton CIE Approval Notice
Date:Thursday, September 24, 2020 1:09:21 PM
Attachments:image002.png
Greg,
Our staff has reviewed the Annual Capital Improvement Element (CIE) Update for the City of Milton
and finds that it adequately addresses applicable requirements. We do, however, have an advisory
comment, below. Please review the advisory comment with the local government before they move
forward. The next step is for the local government to adopt the CIE Update. As soon as your office
provides written notice that the CIE Update has been adopted and provides DCA with a digital copy
of the final adopted version of this document, we will notify the local government that its Qualified
Local Government status has been extended. If you have any questions, please contact us at 404-
679-5279.
Advisory Comment:
The Impact Fees Financial Report, page 2, includes a row for “Impact Fee Fund Balance
September 30, 2018” (next to the last row in table). We believe this should be “2019” and
not “2018”. Please revise this typo prior to adoption.
Thank you,
Learn more about our commitment to fair housing.
Jon A. West, AICP
Principal Planner|Community & Regional Planning
Georgia Department of Community Affairs
60 Executive Park South, NE
Atlanta, Georgia 30329
Direct 404-327-6872
Fax 770-302-9703
Jon.West@dca.ga.gov
CITY COUNCIL AGENDA ITEM
TO: City Council DATE: October 29, 2020
FROM: Steven Krokoff, City Manager
AGENDA ITEM: Consideration of An Amended Emergency Ordinance of the
Mayor and Council of the City of Milton, Georgia under
Section 3.18 of the Charter of the City of Milton, Georgia to
Provide the Operation of the City of Milton, Georgia During
the Public Emergency known as the Novel Coronavirus
Disease 2019 Global Pandemic; to Become Effective Upon
Adoption by the Council; to Supersede the Existing
Emergency Ordinance; and for Other Purposes
MEETING DATE: Monday, November 2 Regular City Council Meeting
BACKGROUND INFORMATION: (Attach additional pages if necessary)
See attached memorandum
APPROVAL BY CITY MANAGER: ___ APPROVED ___ NOT APPROVED
CITY ATTORNEY APPROVAL REQUIRED: ___ YES ___ NO
CITY ATTORNEY REVIEW REQUIRED: ___ YES ___ NO
APPROVAL BY CITY ATTORNEY ___ APPROVED ___ NOT APPROVED
PLACED ON AGENDA FOR: __________
1
STATE OF GEORGIA ORDINANCE NO. ________
COUNTY OF FULTON
AN AMENDED EMERGENCY ORDINANCE OF THE MAYOR AND
COUNCIL OF THE CITY OF MILTON, GEORGIA UNDER SECTION 3.18
OF THE CHARTER OF THE CITY OF MILTON, GEORGIA TO PROVIDE
FOR THE OPERATION OF THE CITY OF MILTON, GEORGIA DURING
THE PUBLIC EMERGENCY KNOWN AS THE NOVEL CORONAVIRUS
DISEASE 2019 GLOBAL PANDEMIC; TO BECOME EFFECTIVE UPON
ADOPTION BY THE COUNCIL; TO SUPERSEDE THE EXISTING
EMERGENCY ORDINANCE; AND FOR OTHER PURPOSES.
WHEREAS, the Mayor and Council of the City of Milton, Georgia are
charged with the protection of the public health, safety, and welfare of the citizens
of the City of Milton, Georgia; and
WHEREAS, Section 3.18 of the Charter of the City of Milton, Georgia
empowers the Mayor and City Council to adopt an emergency ordinance to meet a
public emergency affecting life, health, property, or public peace; and
WHEREAS, the novel coronavirus disease 2019 (“COVID-19”) global
pandemic is a public emergency affecting and threatening life, health, property, and
public peace; and
WHEREAS, on March 13, 2020, the President Donald Trump declared a
national emergency due to COVID-19; and
WHEREAS, on March 14, 2020, Governor Brian Kemp declared a statewide
emergency in Georgia, describing COVID-19, and the corresponding pandemic, as
a public health emergency; and
WHEREAS, the Governor’s declaration has been repeatedly extended;
WHEREAS, the Governor’s declaration of statewide emergency is currently
set to expire on December 9, 2020; and
WHEREAS, on March 16, 2020, the Mayor and City Council for the City of
Milton declared via Emergency Ordinance that an emergency exists in the City of
Milton based on COVID-19; and
2
WHEREAS, the City of Milton’s Emergency Ordinance has been renewed
on several occasions, with the most recently adopted version of the Ordinance having
been extended through and including November 9, 2020;
WHEREAS, it is the intention of the City of Milton to readopt and reinstitute
the Emergency Ordinance effective November 9, 2020 and extending through
December 9, 2020, coterminous with the Governor’s statewide declaration of
emergency;
WHEREAS, the Mayor and City Council continue to find that a state of local
emergency exists in Milton, due to COVID19;
WHEREAS, pursuant to the powers conferred by the City of Milton’s various
Emergency Ordinances, as well as those powers conferred by Section 18-25 of the
Milton Code, the Mayor has issued various emergency declarations for the purpose
of mitigating the impact of COVID-19 on the citizens and businesses of Milton;
WHEREAS, the City Council has an interest in extending the declared state
of local emergency and further extending Mayoral declarations to run coterminous
with the period of declared local emergency; and,
WHEREAS, the City Council also has an interest in providing relief to those
businesses negatively affected by COVID-19.
NOW THEREFORE, THE MAYOR AND COUNCIL FOR THE CITY OF
MILTON HEREBY ORDAIN AS FOLLOWS:
SECTION 1. That the WHEREAS and Preamble sections, above, are hereby
incorporated verbatim herein and the factual statements and findings are hereby
ratified and affirmed;
SECTION 2. That the Declaration of Emergency set forth in the March 20,
2020 Emergency Ordinance and the associated Proclamation of the Mayor declaring
a local emergency due to COVID-19, are hereby further renewed and extended from
November 9, 2020 until 11:59 p.m. on December 9, 2020;
SECTION 3. That Sections 2, 3, 4, and 7 of the March 20, 2020 Emergency
Ordinance are renewed and extended;
3
SECTION 4. That Section 6 of the March 20, 2020 Emergency Ordinance,
and any amendments thereto, are hereby stricken in their entirety;
SECTION 5. That the following Mayoral Declarations are hereby extended
to run coterminous with the term of this Emergency Ordinance:
March 20, 2020 Declaration – allowing “to go” malt beverage and wine alcohol
sales for restaurants having a consumption on the premise license;
March 23, 2020 Declaration – allowing restaurants and retail to place certain
additional temporary signage;
SECTION 6.
Live Performance Venues. For purposes of this Section, a “Live
Performance Venue” shall have the following definition: “Any indoor or outdoor
location that requires patrons to purchase a license to attend an event featuring live
musical, dramatical, automotive, educational, or any other type of entertainment
performed before in-person patrons.”
I. That pursuant to the powers vested in the City Council per Section 3.18 of
the Milton Charter, as well as those unilateral powers conferred on the
Mayor in accord with Section 18-25 of the Code of Milton, the City and
Mayor are empowered to “meet an emergency” and otherwise “perform and
exercise any other functions and duties and take any emergency actions as
may be necessary to promote and secure the safety, protection and wellbeing
of the inhabitants of the city;”
a. The Mayor and Council hereby find that Live Performance Venues have
been uniquely harmed by COVID-19, with such venues having been
effectively closed on March 23, 2020 (wherein the Governor’s Order
prohibited more than ten (10) persons assembling in a single location);
b. On April 2, 2020, the Governor’s Order specifically required that Live
Performance Venues discontinue in-person operation and be closed to
the public;
c. That Live Performance Venues were authorized to conduct limited
public operations, under exacting public health and social distancing
requirements, effective July 1, 2020;
4
d. That many Live Performance Venues, particularly those conducting
outdoor events, have a limited season generally comprised of the warmer
summer months from May 1 through the end of October;
e. Due to COVID-19, and the necessary restrictions on public assemblies
during calendar year 2020, many Live Performance Venues have been
significantly impacted and lost weeks or months of revenue;
f. Such loss of revenue may place those venues in the position of
discontinuing operations or otherwise declaring bankruptcy, with either
option not being in the best interests of the citizens and residents of
Milton; and,
g. That the City Council and the Mayor believe it is in the best interests of
the inhabitants of Milton and likewise important to the wellbeing of
same, that Live Performance Venues that have a limited outdoor
operational season be provided an additional thirty (30) days to perform
outdoor operations, to allow such venues additional time to recoup lost
revenue before discontinuing operations for the winter months.
II. That the Mayor and City Council do hereby authorize those Live
Performance Venues in Milton that conduct outdoor operations, and that are
otherwise under any local ordinance or restriction to discontinue operations
by October 31, be granted an additional period of time, to run coterminous
with the duration of this Amended Emergency Ordinance, to operate as a
Live Performance Venue and otherwise conduct outdoor, public operations
(to include live events).
III. This grant of an additional period of time to conduct operations is not
intended nor should it be construed as affecting or amending any local
ordinance or restriction, or condition of same, that was otherwise imposed
on a Live Performance Venue to limit the period of outdoor operations.
Instead, this grant of an additional period of time is an emergency
accommodation intended to reflect that due to COVID-19, such venues had
a shortened operating season that may negatively impact the financial
viability of such venues thereby resulting in their permanent closure.
IV. This grant of an additional period of time for a Live Performance Venue to
conduct outdoor operations shall not extend beyond December 9, 2020.
During this period of extension, Milton Code Enforcement shall fully
enforce all laws, codes and regulations against any Live Performance
5
Venue, except for any limitations regarding the months of operation.
V. The allowance provided by this Section 6 of the Amended Emergency
Ordinance is intended and shall be construed as being both an enactment of
the Mayor under Section 18-25 of the Code of Milton and an enactment of
the Council under Section 3.18 of the City Charter.
SECTION 7. That the City of Milton’s Reopening Plan was approved on May
18, 2020 and continues in full force and effect.
SECTION 8. That during the term of this Emergency Ordinance City staff
are empowered to unilaterally modify those internal City Council rules with respect
to how the public may interact with the Council, to ensure that during the term of
this Emergency Ordinance, citizens are provided enhanced flexibility on engaging
with the Council. By way of example, only, this many mean that citizens may email
questions or comments to the Council and those be read into the record – even if the
citizen is not in physical attendance at the Council meeting.
SECTION 9. This New Emergency Ordinance shall become effective and
operational commencing November 9, 2020 and shall expire at 11:59 p.m. on
December 9, 2020, and may be reenacted, extended, terminated, or amended upon
affirmative action taken at a meeting of the City Council called by the Mayor or two
(2) councilmembers of the City Council.
SO ORDAINED this ___nd day of November 2020 by the Mayor and
Council of the City of Milton, Georgia.
THE CITY OF MILTON, GEORGIA
Joe Lockwood, Mayor
Attest:
Sudie AM Gordon, City Clerk