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Agenda Packet - CC - 06/07/2021
2006 HERITAGE WALK, MILTON, GA 30004 ǀ 678.242.2500 ǀ WWW.CITYOFMILTONGA.US Persons needing special accommodations in order to participate in any City meeting should call 678.242.2500. Joe Lockwood, Mayor CITY COUNCIL Peyton Jamison Paul Moore Laura Bentley Carol Cookerly Joe Longoria Rick Mohrig CITY COUNCIL CHAMBERS City Hall Monday, June 7, 2021 Regular Council Meeting 6:00 PM INVOCATION – Sarah LaDart 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. 21-172) 5) PUBLIC COMMENT (General) MILTON CITY COUNCIL REGULAR COUNCIL MEETING JUNE 7, 2021 Page 2 of 5 Persons needing special accommodations in order to participate in any City meeting should call 678.242.2500. 6) CONSENT AGENDA 1. Approval of a Construction Services Agreement between the City of Milton and Vertical Earth, Inc. for Hopewell Road at Bethany Bend/Bethany Way Intersection Improvement Project. (Agenda Item No. 21-173) (Sara Leaders, Acting Public Works Director) 2. Approval of a Construction Services Agreement between the City of Milton and Tri Scapes, Inc. for Cart Path Removal and Trail Construction at Former Milton Country Club. (Agenda Item No. 21-174) (Sara Leaders, Acting Public Works Director) 3. Approval of Grant Funding from the State of Georgia Criminal Justice Coordinating Council (CJCC) for Use of Force and De-escalation Training. (Agenda Item No. 21-175) (Rich Austin, Police Chief) 4. Approval of Subdivision Plat and Revision. Name of Development / Location Action Comments / # lots Total Acres Density 1. Big Ten Farm 2535 & 2545 Hopewell Road LL 678 Dist. 2 Sect. 2 Minor Plat Subdividing one parcel into 2 Tracts 4.303 Acres 1.46 Lots / Acre (Agenda Item No. 21-176) (Robert Buscemi, Community Development Director) 7) REPORTS AND PRESENTATIONS 1. Proclamation in Recognition of the Milton Police Department Chief’s Advisory Board for Excellence in Service to Our Community. (Presented by Mayor Joe Lockwood) 8) FIRST PRESENTATION 9) PUBLIC HEARING (None) MILTON CITY COUNCIL REGULAR COUNCIL MEETING JUNE 7, 2021 Page 3 of 5 Persons needing special accommodations in order to participate in any City meeting should call 678.242.2500. 10) ZONING AGENDA 1. Consideration of Zoning Text Amendment RZ21-05 – Sec. 64 Article XIX Crabapple Form Based Code, 6-1 Definitions, Table 9 (As it relates to breweries/distilleries). (Agenda Item No. 21-157) (First Presentation at May 24, 2021 City Council Meeting) (Robert Buscemi, Community Development Director) 2. Consideration of Zoning Text Amendment RZ21-06 – Sec. 64 Article XX Deerfield Form Based Code, 6-1 Definitions, Table 10 (As it relates to breweries/distilleries). (Agenda Item No. 21-158) (First Presentation at May 24, 2021 City Council Meeting) (Robert Buscemi, Community Development Director) 3. Consideration of RZ21-07 -14140 Freemanville Road by Vio Hodis to Rezone from AG-1 to CUP (Community Unit Plan) on 9.079 Acres to Develop a Six (6) Lot Single Family Residential Subdivision. – Applicant has Requested WITHDRAWAL and Planning Commission (PC) Recommended WITHDRAWAL. (Agenda Item No. 21-159) (First Presentation at May 24, 2021 City Council Meeting) (Robert Buscemi, Community Development Director) 4. Consideration of U21-01/VC21-03 - 2105 Bethany Way (containing multiple parcels) for a total of 18.07 acres by The PFAJ Revocable Trust dated 2/17/2019 to request a Use Permit for “Agricultural Related Activities”, Sec. 64-1797 and a two-part concurrent variance: 1) To allow the existing parking areas, wood pavilion, horse arenas, and driveways within the 100-foot activity setback (Sec. 64-1797(d)) 2) To allow the structures housing animals to be located within 100 feet of a property line (Sec. 64-1797(e)) (Agenda Item No. 21-160) (First Presentation at May 24, 2021 City Council Meeting) (Robert Buscemi, Community Development Director) MILTON CITY COUNCIL REGULAR COUNCIL MEETING JUNE 7, 2021 Page 4 of 5 Persons needing special accommodations in order to participate in any City meeting should call 678.242.2500. 5. Consideration of U21-02 – 2105 Bethany Way (containing multiple parcels) for a Total of 18.07 Acres by The PFAJ Revocable Trust Dated 2/17/2019 to Request a Use Permit for Rural Event Facility, Sec. 64-1842. (Agenda Item No. 21-161) (First Presentation at May 24, 2021 City Council Meeting) (Robert Buscemi, Community Development Director) 6. Consideration of U21-03/VC21-04 – 2105 Bethany Way (containing multiple parcels) for a total of 18.07 acres by the PFAJ Revocable Trust dated 2/17/2019 to Request a Use Permit for Festivals or Events, Indoor/Outdoor, Sec. 64-1812 and the following 7-part concurrent variance: 1) To delete the requirement for an eight-foot-high 100-percent opaque fence adjacent to residential districts or AG-1 Districts used for single-family dwellings (Sec 64-1812(b)(2)) 2) To allow the existing parking within the 100 feet from a residential district or AG-1 districts used for single family dwellings (Sec 64- 1812(b)(4)) 3) To eliminate the three-year period from the date of the city council’s approval (Sec 64-1812(b)(6)) 4) To allow the 10-foot-wide strip along all public streets to be planted with the existing landscaping/vegetation along Bethany Way and Hopewell Road (Sec 64-1142(a)(1)) 5) To reduce or eliminate the 75-foot-wide undisturbed buffer or alternative screening design, with a ten-foot improvement setback adjacent to all AG-1 zoning districts where existing structures, driveways, activity areas, and parking are shown on the site plan (Sec. 64-1142(a)(3)b.) 6) To eliminate sidewalks along Bethany Way and Hopewell Road (Sec. 64-1142(e)) 7) To allow for a lighting plan without light pole installation (Sec. 64- 1142 (f)) (Agenda Item No. 21-162) (First Presentation at May 24, 2021 City Council Meeting) (Robert Buscemi, Community Development Director) MILTON CITY COUNCIL REGULAR COUNCIL MEETING JUNE 7, 2021 Page 5 of 5 Persons needing special accommodations in order to participate in any City meeting should call 678.242.2500. 11)UNFINISHED BUSINESS 12)NEW BUSINESS 1.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 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 as Stated; to Supersede the Existing Emergency Ordinance, and for Other Purposes. (Agenda Item No. 21-177) (Ken Jarrard, City Attorney) 2.Consideration of a Resolution Authorizing Disposition of Certain Golf Cart Easements within the Former Milton Country Club Property. (Agenda Item No. 21-178) (Sara Leaders, Acting Public Works Director) 3.Consideration of the Issuance of an Alcohol Beverage License to Billy Allen’s, 3000 Heritage Walk, Suite 201, Milton, GA 30004. (Agenda Item No. 21-179) (Bernadette Harvill, Finance Director) 4.Consideration of the Issuance of an Alcohol Beverage License to Milton & Mane LLC, 15800 Birmingham Hwy, Suite 601, Milton, GA 30004. (Agenda Item No. 21-180) (Bernadette Harvill, Finance Director) 13)MAYOR AND COUNCIL REPORTS STAFF REPORTS – (None) 14)EXECUTIVE SESSION (if needed) 15)ADJOURNMENT(Agenda Item No. 21-181) CITY COUNCIL AGENDA ITEM TO: City Council DATE: June 1, 2021 FROM: Steven Krokoff, City Manager AGENDA ITEM: Approval of a Construction Services Agreement between the City of Milton and Vertical Earth, Inc. for Hopewell Road at Bethany Bend/Bethany Way Intersection Improvement Project. MEETING DATE: Monday, June 7, 2021 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: __________ June 7, 2021 X X X X To: Honorable Mayor and City Council Members From: Sara Leaders, PE, Acting Public Works Director Date: Submitted on June 1, 2021 for the June 7, 2021 Regular Council Meeting Agenda Item: Approval of a Construction Services Agreement between the City of Milton and Vertical Earth, Inc. for Hopewell Road at Bethany Bend/Bethany Way Intersection Improvement Project. _____________________________________________________________________________________ Project Description: The Contractor will be providing construction services for operational improvements that will address the intersections of Hopewell Road with Bethany Bend, Bethany Oaks Pointe, and Bethany Way. Improvements include dedicated left turn lanes on Hopewell Road at Bethany Oaks Pointe and Bethany Way, no left from Bethany Way to Hopewell Road, an exit lane for Bethany Oaks to access Bethany Bend and a roundabout at Hopewell Road and Bethany Bend. This 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: 335-4101-541400004 Requisition Total: $2,835,275.18 Financial Review: Bernadette Harvill, May 3, 2021 Legal Review: Sam VanVolkenburgh, Jarrard & Davis, LLP – April 19, 2021 Concurrent Review: Steven Krokoff, City Manager Attachment: Construction Services Agreement MILTONIP ESTASUSHED 20M CONSTRUCTION SERVICES AGREEMENT Hopewell Road at Bethany Bend/Bethany Way Intersection Improvement Project This Construction Services Agreement (the "Agreement") is made and entered into this day of -9 2021 (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 Vertical Earth, Inc., a Georgia corporation (hereinafter referred to as the "Contractor"), collectively referred to herein as the "Parties". WITNESSETH: WHEREAS, the City desires to retain a contractor to perform services for the construction of a Project, as defined below; and WHEREAS, the City solicited bids for construction of the Project pursuant to the Request for Bids, dated March 4, 2021, with subsequent addenda, 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-PW08 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. NOW THEREFORE, for and in consideration of the mutual promises, the public Construction Services Agreement I Version 1.0 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 March 30, 2021, attached hereto as "Exhibit B"; C. Scope of Work, attached hereto as "Exhibit C"; D. Any 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. "Exhibit K" - reserved; 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. Section 2. Proiect Description: Architect; Engineer; Contract Administrator Construction Services Agreement I Version 1.0 A. Pr_ aject. A general description of the Project is as follows: services to provide for the construction of roundabouts at the Hopewell Road at Bethany Bend and Bethany Way Intersections in Milton, Georgia as specified in the construction plans and specifications as provided in Exhibit "A" (the "Project"). A third -party Architect or Engineer (as identified below) has been retained related to this Project. B_ Architect/Engineer (if any). The Project has been designed by Pond & Company (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 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 Construction Services Agreement I Version 1.0 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 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. Construction Services Agreement I Version 1.0 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 completion- of and payment for all 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 five (5) business days of the Commencement Date provided by the City, and all Work shall be completed on or before 365 days from the date of the Notice to Proceed issued by the City (the "Expected Date of Final Completion"). As provided in Exhibit "A", the Expected Date of Final Completion incorporates a certain number of expected weather delay days, but the Expected Date of Final Completion will be extended (without further compensation due to Contractor) in the event of unusually bad weather. Requests for extension in contract time due to weather must comply with Exhibit "A". If the Term of this Agreement continues beyond the calendar year in which this Agreement is executed, the Parties agree that this Agreement, as required by O.C.G.A. § 36-60- 13, shall terminate absolutely and without further obligation on the part of the City on September 30 each fiscal year of the Term, and this Agreement shall automatically renew on October 1 of each subsequent fiscal year until the end of the Term, absent the City's provision of written notice of non -renewal to Contractor at least five (5) calendar days prior to the end of the then current fiscal year. Title to any supplies, materials, equipment, or other personal property shall remain in Contractor until fully paid for by the City. B. Time is of the Essence,• Liquidated Damages. Contractor specifically acknowledges that TIME IS OF THE ESSENCE of this Agreement and that City will suffer financial loss if the Work is not completed in accordance with the Expected Date of Final Completion deadline specified in Section 4(A) above and Construction Services Agreement I Version 1.0 within the Contract Documents. The City and Contractor also recognize the delays, expense, and difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by the City if the Work is not completed within the specified times. Accordingly, as referenced in Exhibit "A" and as provided in GDOT Standard Specifications 108.08, instead of requiring any such proof, the City and Contractor agree that, as liquidated damages for delay (but not as a penalty), the Contractor shall pay to the City Three Hundred Ninety-one Dollars ($391.00) for each and every calendar day that expires after the Expected Date of Final Completion. 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 Occugancy__o_r Use. The City may occupy or use any completed or partially completed portion of the Work at any stage when such portion is designated by separate agreement between the City and Contractor, provided such occupancy or use is consented to by the insurer and authorized by public authorities having jurisdiction over the Work. Such partial occupancy or use may commence whether or not the portion is substantially complete, provided the City and Contractor have accepted in writing the responsibilities assigned to each of them for payments, retainage, if any, security, maintenance, heat, utilities, damage to the Work and insurance, and have agreed in writing concerning the period for correction of the Work and commencement of warranties required by the Contract Documents. Consent of the Contractor to partial occupancy or use shall not be unreasonably withheld. Immediately prior to such partial occupancy or use, the City, Contractor and Contract Administrator shall jointly inspect the area to be occupied, or portion of the Work to be used, in order to determine and record the condition of the Work. Unless otherwise agreed upon, partial occupancy or use of a portion or portions of the Work shall not constitute acceptance of Work not complying with the Construction Services Agreement I Version 1.0 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 $2,835,275.18 (the "Maximum Contract Price"), except as outlined in Section 6 below. The compensation for Work performed shall be based upon the unit prices in Exhibit `B" times units actually provided. A $200,000 contingency has been incorporated into the Maximum Contract Price for units of work that exceed estimates set forth in the bid schedule. The Parties acknowledge that the Supplemental Price Items at the bottom of the bid schedule in Exhibit `B" are not part of the Work but may be added to the Work at the written direction of the City, in which case the unit prices indicated for such items shall apply. 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 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. Chanee 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 Construction Services Agreement I Version 1.0 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. Authorily to Execute Chane 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 ani' Change Order affecting the price where the Maximum Contract Price (as amended) is in excess of $50,000, must be approved by resolution of the Milton City Council. E. Minor Changes in the Work. The Contract Administrator will have the authority to order minor changes in the Work not involving adjustment in the Maximum Contract Price or extension of the Term and not inconsistent with the intent of the Contract Documents. Such changes shall be effected by written order signed by the Contract Administrator. The Contractor shall carry out such written orders promptly. If the minor changes subsequently may affect adjustments in the Maximum Contract Price or the Term, the changes shall then be converted to a written Change Order by the requesting Party. Section 7. Covenants of Contractor A. Ethics Code; Conflict of Interest. (i) Contractor agrees that it shall not engage in any activity or conduct that would result in a violation of the City of Milton Code of Ethics or any other similar law or regulation. Contractor certifies that to the best of his knowledge no circumstances exist which will cause a conflict of interest in performing the Work. Should Contractor become aware of any circumstances that may cause a conflict of interest during the Term of this Agreement, Contractor shall immediately notify the City. If the City determines that a conflict of interest exists, the City may require that Contractor take action to remedy the conflict of interest or terminate the Agreement without liability. The City shall have the right to recover any fees paid for services rendered by Contractor when such services were performed while a conflict of interest existed if Contractor had knowledge of the conflict of interest and did not notify the City within five (5) business days of becoming aware of the Construction Services Agreement I Version 1.0 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 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 Construction Services Agreement I Version 1.0 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. (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 --MConstruction Services Agreement I Version 1.0 City in writing. Contractor represents that it has given the City written notice of all errors, omissions, inconsistencies, or ambiguities that the Contractor has discovered in the Contract Documents so far, and the written resolution thereof by the City is acceptable to the Contractor. Further, Contractor acknowledges that its obligation to give notice of all such errors, omissions, inconsistencies, or ambiguities shall be continuing during the Term of this Agreement. Any failure on the part of the Contractor to notify the Contract Administrator and City in writing of any errors, omissions, inconsistencies, or ambiguities in the Contract Documents that Contractor discovered or reasonably should have discovered shall result in a waiver and full release by the Contractor of any future arguments or defenses based on such errors, omissions, inconsistencies, or ambiguities against the City. Further, if the Contractor fails to perform its obligations pursuant to this paragraph, the Contractor shall pay such costs and damages to the City as would have been avoided if the Contractor had performed such obligations. (ii) Inspection of Prior Work. If part of the Contractor's Work depends for proper execution or results upon construction or operations by a separate contractor, the Contractor shall, prior to proceeding with that portion of the Work, promptly report to the Contract Administrator apparent discrepancies or defects in such other construction that would render it unsuitable for such proper execution and results. Failure of the Contractor so to report shall constitute an acknowledgment that the City's or separate contractor's completed or partially completed construction is fit and proper to receive the Contractor's Work, except as to defects not then reasonably discoverable, and Contractor shall be responsible for all costs and damages resulting from its failure to report reasonably discoverable defects. (iii) Contractor Requests for Information. If, with undue frequency (as determined by the City in its sole discretion), the Contractor requests information that is obtainable through reasonable examination and comparison of the Contract Documents, site conditions, and previous correspondence, interpretations or clarifications, the Contractor shall be liable to the City for reasonable charges from the Contract Administrator for the additional services required to review, research and respond to such requests for information. F. Supervision, Inspection and Construction Procedures. The Contractor shall supervise and direct the Work, using the Contractor's best skill and attention. The Contractor shall be solely responsible for and have control over construction means, methods, techniques, sequences and procedures and for coordinating all portions of the Work under the Agreement, unless the Contract Documents give other specific instructions concerning these matters. If the Contract Documents give specific instructions concerning construction means, methods, techniques, sequences or procedures, the Contractor shall evaluate the jobsite safety therefor and, except as stated below, shall be fully and solely responsible for the jobsite safety for such means, methods, techniques, sequences, or procedures. If the Contractor Construction Services Agreement Version 1.0 determines that such means, methods, techniques, sequences or procedures may not be safe, the Contractor shall give timely written notice to the City and Contract Administrator and shall not proceed with that portion of the Work without further written instructions from the City or Contract Administrator as approved in writing by the City. The Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the performance of this Agreement. The Contractor shall take reasonable precautions for the safety of, and shall provide reasonable protection to prevent damage, injury or loss to: (a) employees and other persons who may be affected, (b) the Work and materials and equipment to be incorporated therein, whether in storage on or off the Project site(s), under care, custody or control of the Contractor or Contractor's subcontractors or sub -subcontractors, and (c) other property at the Project site(s) or adjacent thereto, such as trees, shrubs, lawns, walks, pavements, roadways, structures and utilities not designated for removal, relocation or replacement in the course of construction. The Contractor shall give notices and comply with applicable laws, ordinances, rules, regulations and lawful orders of public authorities bearing on safety of persons or property or their protection from damage, injury or loss. When use or storage of explosives or other hazardous materials or equipment or unusual methods are necessary for execution of the Work, the Contractor shall exercise utmost care and carry on such activities under supervision of properly qualified personnel. If reasonable precautions will be inadequate to prevent foreseeable bodily injury or death to persons resulting from a material or substance, including but not limited to asbestos or polychlorinated biphenyl (PCB), encountered on the Project site(s) by the Contractor, the Contractor shall, upon recognizing the condition, immediately stop Work in the affected area and report the condition to the City and Contract Administrator in writing. G. Tests and Insget tions. 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 Construction Services Agreement I Version 1.0 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. Contractor's Reliance on Submissions by the City. Contractor must have timely information and input from the City in order to perform the Work required under this Agreement. Contractor is entitled to rely upon information provided by the City, but Contractor shall be required to provide immediate written notice to the City if Contractor knows or reasonably should know that any information provided by the City is erroneous, inconsistent, or otherwise problematic. K. Uncovering and Correction of Work. If a portion of the Work is covered contrary to the Contract Administrator's request or to requirements specifically expressed in the Contract Documents, it must, if required in writing by the Contract Administrator, be uncovered for examination by the Contract Administrator and be replaced at the Contractor's expense without change in the Agreement Term. If a portion of the Work has been covered which the Contract Administrator has not specifically requested to examine prior to its being covered or which the Contract Documents did not require to remain uncovered until examined, the Contract Administrator may request to see such Work, and it shall be uncovered by the Contractor. If such Work is in accordance with the Contract Documents, costs of uncovering and replacement shall, by appropriate Change Order, be at the City's expense, which expense shall be agreed upon in writing prior to being incurred. If such Work is not in accordance with the Contract Documents, correction shall be at the Contractor's expense, unless the condition was caused by the City, in which event the City shall be responsible for payment of such costs including reasonable charges, if any, by the Contract Administrator for additional service, which expense shall be agreed upon in writing prior to being incurred. If the City prefers to accept Work that is not in accordance with the requirements --MConstruction Services Agreement I Version 1.0 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 Uy. 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 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 --WConstruction. Services Agreement I Version 1.0 assume full liability for any contracts or agreements the Contractor enters into on behalf of the City without the express knowledge and prior written consent of the City. O. Responsibility of Contractor and Indemnification of City. The Contractor covenants and agrees to take and assume all responsibility for the Work rendered in connection with this Agreement. The Contractor shall bear all losses and damages directly or indirectly resulting to it and/or the City on account of the performance or character of the Work rendered pursuant to this Agreement. To the fullest extent permitted by law, Contractor shall defend, indemnify, and hold harmless the City and the City's elected and appointed officials, officers, boards, commissions, employees, representatives, consultants, servants, agents, attorneys and volunteers (individually an "Indemnified Party" and collectively "Indemnified Parties") from and against any and all claims, suits, actions, judgments, injuries, damages, losses, costs, expenses and liability of any kind whatsoever, including, but not limited to, attorney's fees and costs of defense ("Liabilities"), which may arise from or be the result of alleged willful, negligent, or tortious act or omission arising out of the Work, performance of contracted services, or operations by the Contractor, any subcontractor, anyone directly or indirectly employed by the Contractor or subcontractor, or anyone for whose acts the Contractor or subcontractor may be liable, regardless of whether or not the act or omission is caused in part by a party indemnified hereunder. This indemnity obligation does not include Liabilities caused by or resulting from the sole negligence of an Indemnified Party. Such obligation shall not be construed to negate, abridge, or otherwise reduce any other right or obligation of indemnity which would otherwise exist as to any party or person described in this provision. In any and all claims against an Indemnified Party, by any employee of the Contractor, its subcontractor, anyone directly or indirectly employed by the Contractor or subcontractor, or anyone for whose acts the Contractor or subcontractor may be liable, the indemnification obligation set forth in this provision shall not be limited in any way by any limitation on the amount or type of damages, compensation, or benefits payable by or for the Contractor or any subcontractor under workers' or workmen's compensation acts, disability benefit acts, or other employee benefit acts. This obligation to indemnify, defend, and hold harmless the Indemnified Party(ies) shall survive expiration or termination of this Agreement, provided that the claims are based upon or arise out of actions or omissions that occurred during the performance of this Agreement. P. Insurance. (1) Requirements: The Contractor shall have and maintain in full force and effect for the duration of this Agreement, insurance insuring against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Work by the Contractor, its agents, representatives, employees or subcontractors. All policies shall be subject to approval by the City as to form and content. These requirements are Construction Services Agreement I Version 1.0 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. (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.) __MConstruction Services Agreement I Version 1.0 (e) Builder's Risklnsurance: Contractor shall provide a Builder's Risk Insurance Policy to be made payable to the City and Contractor, as their interests may appear. The policy amount shall be equal to 100% of the Maximum Contract Price, written on a Builder's Risk "All Risk," or its equivalent. The policy shall provide, or be endorsed to provide, as follows: "The following may occur without diminishing, changing, altering or otherwise affecting the coverage and protection afforded the insured under this policy: i) Equipment may be delivered to the insured premises and installed in place ready for use; and ii) Partial or complete occupancy by City; and iii) Performance of Work in connection with construction operations insured by the City, by its agents or lessees, or other contractors of the City or using agency." The insurance coverage shall include extended coverage, and providing coverage for transit, with sub - limits sufficient to insure the full replacement value of the property or equipment removed from its site and while located away from its site until the date of final acceptance of the Work. (f) Commercial Umbrella Liability Coverage: $N/A_ per occurrence shall be provided and will apply over all liability policies, without exception, including but not limited to Commercial General Liability, Commercial Automobile Liability, Employers' Liability, and Professional Liability. (3) Deductibles and Self -Insured Retentions: Any deductibles or self-insured retentions must be declared to and approved by the City in writing so that the City may ensure the financial solvency of the Contractor; self-insured retentions should be included on the certificate of insurance. (4) Other Insurance Provisions: Each policy shall contain, or be endorsed to contain, the following provisions respectively: (a) General Liabilily, Automobile Liability and Umbrella Liability Covera e. (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 Parry" and collectively "Insured Parties") shall be named as additional insureds as respects: liability arising out of activities performed by or on behalf of the Contractor; products and completed operations of the Contractor; premises owned, leased, or used by the Contractor; automobiles owned, leased, hired, or borrowed by the Contractor. The coverage shall contain no special limitations on the scope of protection afforded to the Insured Parties. ---MConstruction Services Agreement I Version 1.0 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 reserves the right to accept alternate notice terms and provisions, provided they meet the minimum requirements under Georgia law. Construction Services Agreement I Version 1.0 (ii) Starting and Ending Dates. Policies shall have concurrent starting and ending dates. (iii) Incorporation oflndemnification Obligations. Policies shall include an endorsement incorporating the indemnification obligations assumed by the Contractor under the terms of this Agreement, including but not limited to Section 7(0) of this Agreement. (5) Acegptability 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) Veri>licatianof_Coverae: Contractor shall furnish to the City for City approval certificates of insurance and endorsements to the policies evidencing all coverage required by this Agreement prior to the start of work. Without limiting the general scope of this requirement, Contractor is specifically required to provide an endorsement naming the City as an additional insured when required. The certificates of insurance and endorsements for each insurance policy are to be on a form utilized by Contractor's insurer in its normal course of business and are to be signed by a person authorized by that insurer to bind coverage on its behalf, unless alternate sufficient evidence of their validity and incorporation into the policy is provided. The City reserves the right to require complete, certified copies of all required insurance policies at any time. The Contractor shall provide proof that any expiring coverage has been renewed or replaced prior to the expiration of the coverage. (7) Subcontractors: Contractor shall either (1) ensure that its insurance policies (as described herein) cover all subcontractors and the Work performed by such subcontractors or (2) ensure that any subcontractor secures separate policies covering that subcontractor and its Work. All coverage for subcontractors shall be subject to all of the requirements stated in this Agreement, including, but not limited to, naming the Insured Parties as additional insureds. (8) Claims-Made.Policies: Contractor shall extend any claims -made insurance policy for at least six (6) years after termination or final payment under the Agreement, whichever is later, and have an effective date which is on or prior to the Effective Date. Construction Services Agreement I Version 1.0 (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 DY' 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 A Bement. 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. Ernplayment 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. 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 Construction Services Agreement I Version 1.0 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.] [DESIGNATEIMARK APPROPRIATE CATEGORY] 500 or more employees. 100 or more employees. Fewer than 100 employees. Construction Services Agreement I Version 1.0 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 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 Construction Services Agreement I Version 1.0 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. Kgy Personnel. RESERVED. X. Authori to Contract. The Contractor covenants and declares that it has obtained all necessary approvals of its board of directors, stockholders, general partners, limited partners, or similar authorities to simultaneously execute and bind Contractor to the terms of this Agreement, if applicable. Y. Ownership of Work. All reports, designs, drawings, plans, specifications, schedules, work product, and other materials, including those in electronic form, Construction Services Agreement I Version 1.0 prepared or in the process of being prepared for the Work to be performed by the Contractor ("Materials") shall be the property of the City, and the City shall be entitled to full access and copies of all Materials in the form prescribed by the City. Any Materials remaining in the hands of the Contractor or subcontractor upon completion or termination of the Work shall be delivered immediately to the City whether or not the Project or Work is commenced or completed, provided, however, that Contractor may retain a copy of any deliverables for its records. The Contractor assumes all risk of loss, damage or destruction of or to Materials. If any Materials are lost, damaged, or destroyed before final delivery to the City, the Contractor shall replace them at its own expense. Any and all copyrightable subject matter in all Materials is hereby assigned to the City, and the Contractor agrees to execute any additional documents that may be necessary to evidence such assignment. Z. Nondiscrimination. In accordance with Title VI of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000d, section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6102, section 202 of the Americans with Disabilities Act of 1990, 42 U.S.C. § 12132, and all other provisions of Federal law, the Contractor agrees that, during performance of this Agreement, Contractor, for itself, its assignees and successors in interest, will not discriminate against any employee or applicant for employment, any subcontractor, or any supplier because of race, color, creed or belief, political affiliation, national origin, gender, age or disability. In addition, Contractor agrees to comply with all applicable implementing regulations and shall include the provisions of this paragraph in every subcontract for services contemplated under this Agreement. Section 8. Covenants of the City A. Right of Entry. The City shall provide for right of entry for Contractor and Contractor's equipment as required for Contractor to complete the Work; provided that Contractor shall not unreasonably encumber the Project site(s) with materials or equipment. B. City's Representative. 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 Docuunents. 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 Construction Services Agreement I Version 1.0 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 two (2) year(s) (the "Maintenance Period") from the date of Final Completion (as defined in "Exhibit I", attached hereto and incorporated herein by reference) at no additional cost to the City. An inspection shall be conducted by the City or its representative(s) near the completion of the Maintenance Period to identify any issues that must be resolved by the Contractor. After the expiration of the Maintenance Period, City shall be responsible for repairing issues resulting from normal wear and tear and shall be responsible for general maintenance of the equipment; however, expiration of any Maintenance 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 Maintenance Period. City may purchase additional maintenance services from the Contractor upon a written proposal for such services being executed by authorized representatives of both Parties, and upon execution, such proposal for additional services shall be incorporated herein by this reference. Section 10. Termination A. For Convenience. The City may terminate this Agreement for convenience at any time upon providing written notice thereof to Contractor at least seven (7) calendar days in advance of the termination date. B. For Cause. The Contractor shall have no right to terminate this Agreement prior to completion of the Work, except in the event of City's failure to pay the Contractor within thirty (30) calendar days of Contractor providing the City with notice of a delinquent payment and an opportunity to cure. The City may terminate this Agreement for cause as provided in Section 11 of this Agreement. The City shall give Contractor at least seven (7) calendar days' written notice of its intent to terminate the Agreement for cause and the reasons therefor, and if Contractor, or its Surety, fails to cure the default within that period, the termination shall take place without further notice. The City shall then make alternative arrangements for completion of the Project. Construction Services Agreement I Version 1.0 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. G. Re uirements U on 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 Construction Services Agreement I Version 1.0 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 Ri hts 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 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. Construction Services Agreement I Version 1.0 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 The City will be self-administering the construction. 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, 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. Construction Services Agreement I Version 1.0 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 6,jag.1 [INSERT CONTACT NAME] for the Contractor. (2) Official Notices. All other notices, requests, demands, writings, or correspondence, as required by this Agreement, shall be in writing and shall be deemed received, and shall be effective, when (1) personally delivered, or (2) on the third calendar day after the postmark date when mailed by certified mail, postage prepaid, return receipt requested, or (3) upon actual delivery when sent via national overnight commercial carrier to the Party at the addresses given below, or at a substitute address previously furnished to the other Party by written notice in accordance herewith: NOTICE TO CITY shall be sent to: City of Milton Attn: Procurement Manager 2006 Heritage Walk Milton, Georgia 30004 NOTICE TO CONTRACTOR shall be sent to: Vertical Earth Attn: Brett Johnson 6025 Matt Hwy Cumming, GA 30028 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. Construction. Services Agreement I Version 1.0 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. Sovereia 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, 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 Construction Services Agreement I Version 1.0 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] Construction Services Agreement I Version 1.0 CITY OF MILTON, GEORGIA By: Joe Lockwood, Mayor [CITY SEAL] Attest: Print Name: Its: City Clerk Approved as to form: City Attorney CONTRACTOR: Vertical Earth, Inc. By: _ IC� Print Name: CL(1'0* do s Its: President ice President )Corporation) ��ttti �►►►► [CORPORATE SEAL] �r. � .. N (required if eorporati.oig ✓ 4, c 0: Attest/Witness: �; Jd- ' - • . Print Name: Its: ((Assistant) Corporate Secretary if co oration) Construction Services Agreement I Version 1.0 "EXHIBIT A" HOME OF 'rH£ GEST gUALRY Of 1IFF IN GEORGfl1I MILTON rsrn�t sss•sFn �x� CITY OF MILTON INVITATION TO BID (THIS IS NOT AN ORDER) Bid Number: Project Name: 21-PW08 Hopewell Road @ Bethany Bend/Bethany Way Intersection Improvement Proiect Due Date and Time: March 25, 2021 Local Time: 2:00 p.m. Issue Date: March 4, 2021 City of Milton Public Works Department 2006 Heritage Walk Milton, GA 30004 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. Bidder Name/Address: Bidder Phone Number: Bidder Federal I.D. Number: Number of Pages: 119 Phone: 678-242-2500 Fax: 678-242-2499 Website: www.cityofmiltonga.us Mark Face of Envelope/Package: Bid Number: 21-PW08 Name of Company or Firm Special Instructions: Deadline for Written Questions March 16, 2021 at 5:00 p.m. Submit questions online via the BidNet Direct procurement portal at www.cityofmiltonga.us Authorized Bidder Signatory: IPlease print name and sign in in Bidder FAX Number: Bidder E-mail Address: ITB 21-PW08 1 I 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 Submittal Form (10 pages) 37 General Conditions 47 EPD Air Quality Rules 53 Sample Contract Agreement 54 ITB 21-PW08 2 1 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-PW08 3 1 Page MILTON*! uIrMUSIMM Invitation to Bid 21-PW08 The City of Milton is accepting sealed bids from qualified firms for the Hopewell Road at Bethany Bend/Bethany Way Intersection Improvement Project for the Public Works Department in conformance with Title 32, Chapter 4, Article 4, Part 2 of the Official Code of Georgia Annotated. All work will be done in accordance with Georgia Department of Transportation's (GDOT) Standard Drawings, Standard Specifications (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 March 25, 2021. 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 also be submitted online in the some manner listed above for bids. Deadline for questions is March 16, 2021 at 5:00 p.m. Official answers to questions and potential changes to the ITB (Addendums) will be posted at the same web locations as the ITB on or about March 19, 2021. 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- PW08) and bid name (Hopewell Road @ Bethany Bend/Bethany Way Intersection Improvement Project) when requesting information. The City of Milton reserves the right to reject any or all bids and to waive technicalities and informalities, and to make award in the best interest of the City of Milton. The selected contractor must be able to start work within ten (10) calendar days after the "Notice to Proceed" is issued. The time of completion for the project is to be determined prior to the issuance of the "Notice to Proceed." If weather affects ITB 21-PW08 4 1 Page 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. ITB 21-PW08 5 1 Page SCHEDULE OF EVENTS FOR REFERENCE ONLY - DO NOT SUBMIT WITH BID RESPONSE EVENT DATE ITB Issue Date March 4, 2021 Deadline for Receipt of Written Questions 5 PM on March 16, 2021 Posting of Written Answers by City to Websites on or about March 19, 2021 ITB DUE No Later than 2:00 P.M. on March 25, 2021 Tentative Contract Award (on/about) Notice to Proceed (on/about) April 12, 2021 To be coordinated with the Contractor NOTE: PLEASE CHECK THE CITY WEBSITE (hfp://www.cityofmiltonga.us) FOR ADDENDA AND SCHEDULE UPDATES. ITB 21-PW08 6 1 Page BIDDING INSTRUCTIONS FAILURE TO RETURN THE FOLLOWING BID DOCUMENTS COULD RESULT IN THE BID BEING DEEMED NON-RESPONSIVE AND BEING REJECTED: 1 Filled out and Signed Invitation to Bid (Cover Sheet) Page(s) _ 1 2 Bid Form and Addenda Acknowledgement (2 pages) 13-14 3 Bid Bond (3 pages) 15-17 4 Qualifications Signature and Certification 18 5 List of Subcontractors 19 6 Contractor Affidavit and Agreement (eVerify) 20 7 Disclosure Form 21 8 Bid Submittal Form (10 pages) 37-46 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 Hopewell Road at Bethany Bend/Bethany Way Intersection Improvement Project, ITB 21-PW08. No specification expressed or implied shall be construed as any type of restrictive specification that would limit competition. Unless clearly shown as "no substitute" or any words to that effect, any items in these contract documents which have been identified, described or referenced by a brand name or trade name are for reference only. Such identification is intended to be descriptive but not restrictive and is to indicate the general quality and characteristics of products that may be offered. Each bid item for which an equivalent item is proposed must be individually identified on the bid sheet with the following information: brand name, model or manufacturer's number or identification regularly used in the trade. Photographs, specifications and cut sheets shall be provided of the proposed alternative. The City shall be the sole judge of the suitability of the proposed alternative and may consider function, design, materials, construction, workmanship, finishes, operating features, overall quality, local service facilities, warranty terms and service or other relevant features. The City reserves the right to cancel the contract at any time with 30 days written notice. ITB 21-PW08 7 1 Page 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 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. ITB 21-PW08 8 1 Pa g e (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 Covera e. (i) The City and City Parties are to be covered as insureds. The coverage shall contain no special limitations on the scope of protection afforded to the City or City Parties. (ii) The Contractor's insurance coverage shall be primary noncontributing insurance as respects to any other insurance or self-insurance available to the City or City Parties. Any insurance or self-insurance maintained by the City or City Parties shall be in excess of the Contractor's insurance and shall not contribute with it. (iii) Any failure to comply with reporting provisions of the policies 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 ITB 21-PW08 9 1 Page brought, except with respect to the limits of the insurer's liability. (v) Coverage shall be provided on a "pay on behalf" basis, with defense costs payable in addition to policy limits. There shall be no cross liability exclusion. (vi) The insurer agrees to waive all rights of subrogation against the City and City Parties for losses arising from Work performed by the Contractor for the City for General Liability coverage only. (b) Workers' Compensation Coverage: The insurer providing Workers' Compensation Coverage will agree to waive all rights of subrogation against the City and City Parties for losses arising from Work performed by the Contractor for the City. (c) All Coverages: (i) Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled, reduced in coverage or in limits except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. (ii) Policies shall have concurrent starting and ending dates. (5) Acceptability of Insurers: Insurance is to be placed with insurers authorized to do business in the State of Georgia and with an A.M. Bests' rating of no less than A:VI. (6) Verification of Coverage: Contractor shall furnish the City with certificates of insurance and endorsements to the policies evidencing coverage required by this clause prior to the start of Work. The certificate of insurance and endorsements shall be on a form utilized by Contractor's insurer in its normal course of business and shall be received and approved by the City within ten (10) days of the Notice of Award. The City reserves the right to require complete, certified copies of all required insurance policies, at any 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 ITB 21-PW08 10 1 Page 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 (1000) 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. 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. ITB 21-PW08 11 1 Page 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-PW08 12 1 Page MILTONIBLISHED 2096 [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-PW08 Hopewell Road @ Bethany Bend/Bethany Way Intersection Improvement Project The Bidder has carefully examined and fully understands the Contract, Specifications, and other documents hereto attached, has made a personal examination of the Site of the proposed Work, has satisfied himself as to the actual conditions and requirements of the Work, and hereby proposes and agrees that if his bid is accepted, he will contract with the City of Milton in full conformance with the Contract Documents. Unless otherwise directed, all work performed shall be in accordance with the Georgia Department of Transportation Standard Specifications, Construction of Transportation Systems (current edition). It is the intent of this Bid to include all items of construction and all Work called for in the Specifications, or otherwise a part of the Contract Documents. In accordance with the foregoing, the undersigned proposes to furnish and construct the items listed in the attached Bid schedule for the unit prices stated. The Bidder agrees that the cost of any work performed, materials furnished, services provided or expenses incurred, which are not specifically delineated in the Contract Documents but which are incidental to the scope, intent, and completion of the Contract, shall be deemed to have been included in the prices bid. The Bidder further proposes and agrees hereby to promptly commence the Work with adequate forces within ten (10) calendar days from the Notice to Proceed, and to ITB 21-PW08 13 1 Page complete all Work as scheduled in Task Order(s) issued. If weather affects the required completion schedule, the City and selected Bidder will negotiate a new completion date. Attached hereto is an executed Bid Bond in the amount'of (Five Percent of Amount Bid). Dollars ($ If this bid shall be accepted by the City of Milton and the undersigned shall fail to execute a satisfactory contract in the form of said proposed Contract, and give satisfactory Performance and Payment Bonds, or furnish satisfactory proof of carriage of the insurance required within ten days from the date of Notice of Award of the Contract, then the City of Milton may, at its option, determine that the undersigned abandoned the Contract and there upon this bid shall be null and void, and the sum stipulated in the attached Bid Bond shall be forfeited to the City of Milton as liquidated damages. Bidder acknowledges receipt of the following addenda: Addendum No. Date viewed Bidder further declares that the full name and resident address of Bidder's Principal is as follows: Signed, sealed, and dated this day of '20 Bidder Company Name Bidder Mailing Address: Signature: Print Name: Title: ITB 21-PW08 14 1 Page (Seal) MILTON Egr"LISHED M [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. 111010=1 (Seal) Bidder's Name and Corporate Seal By: Signature and Title; Attest: Signature and Title: ITB 21-PW08 SURETY (Seal) Surety's Name and Corporate Seal By: Signature and Title: (Attach Power of Attorney) Attest: Signature and Title: 15 1 Page Note: (1) Above addresses are to be used for giving any notice required by the terms of this Bid Bond. (2) Any singular reference to Bidder, Surety, the City or any other party shall be considered plural where applicable. 1. Bidder and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to pay to the City upon Default of Bidder the penal sum set forth on the face of this Bond. 2. Default of Bidder shall occur upon the failure of Bidder to deliver within the time required by the Bidding Documents (or any extension of that time agreed to in writing by the City) the executed Agreement required by the Bidding Documents and any performance and payment Bonds required by the Bidding Documents. 3. This obligation shall be null and void if: 3.1 The City accepts Bidder's Bid and Bidder delivers within the time required by the Bidding Documents (or any extension of that time agreed to in writing by the City) the executed Agreement required by the Bidding Documents and any performance and payment Bonds required by the Bidding Documents; or 3.2 All Bids are rejected by the City; or 3.3 The City fails to issue a Notice of Award to Bidder within the time specified in the Bidding Documents (or any extension of that time agreed to in writing by Bidder and, if applicable, consented to by Surety when required by paragraph 5 hereof). 4. Payment under this Bond will be due and payable upon Default by Bidder within 30 calendar days after receipt by Bidder and Surety of a written Notice of Default from the City, which Notice will be given with reasonable promptness and will identify this Bond and the Project and include a statement of the amount due. 5. Surety waives notice of, as well as any and all defenses based on or arising out of, any time extension to issue a Notice of Award agreed to in writing by the City and Bidder, provided that the total time, including extensions, for issuing a Notice of Award shall not in the aggregate exceed 120 days from Bid due date without Surety's written consent. 6. No suit or action shall be commenced under this Bond either prior to 30 calendar days after the Notice of Default required in paragraph 4 above is received by Bidder and Surety or later than one year after Bid due date. 7. Any suit or action under this Bond shall be commenced only in a court of competent jurisdiction located in the State of Georgia. 8. Notices required hereunder shall be in writing and sent to Bidder and Surety at their respective addresses shown on the face of this Bond. Such notices may be sent by personal delivery, commercial courier or by United States Registered or Certified Mail, return ITB 21-PW08 16 1 Page 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-PW08 17 1 Page MILTON'k� [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 Print/Type Name Print/Type Company Name Here Date CORPORATE CERTIFICATE 1, , certify that I am the Secretary of the Corporation named as Contractor in the foregoing bid; that who signed said bid in behalf of the Contractor, was then (title) of said Corporation; that said bid was duly signed for and in behalf of said Corporation by authority of its Board of Directors, and is within the scope of its corporate powers; that said Corporation is organized under the laws of the State of This (Signature) day of 20 (Seal) ITB 21-PW08 18 1 Page [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 Nam ITB 21-PW08 19 1 Page MILTON'lt FSTABEi51IED M [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 Hopewell Road of Bethany bend/Bethany Way Intersection Improvement Prolect Name of Project City of Mllton 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-PW08 20 1 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-PW08 21 1 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. Additionally, the Contractor must have completed one roundabout within the past three (3) years. 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 Hopewell Road @ Bethany Bend/Bethany Way Roundabout Project as prepared by POND (Design Engineer), dated 3/1/2021. The plans may be downloaded at: Final Construction Plans Hopewell Road @ Bethany Bend/Bethany Way Roundabout Project hffps://www.cityofmittonga.usIHomelShowDocument?id=4447 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-PW08 22 1 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 parcel 2, 3, 4, 6, 8 & 10 right of way and easement areas to be acquired by the time Notice to Proceed is issued. All project signage and striping to be pre -marked and approved by Milton Public Works prior to installation. The following items have been negotiated with the adjoining property owners and are part of this project. These items may or may not be shown in the plans. If pay items are not set up for these items, the cost should be included in the overall bid price for the project. Parcel 1 - Temporary fence is required to contain animals during tree removal/grading. Permanent fence is to be located just outside right of way after construction. Exact location of fence to be coordinated with property owner. Parcel 2 - Construct a driveway apron around station 101 +60 +/- right. Driveway apron is to be built to the end of the 6% shoulder and just inside of the power pole. Construct curb and gutter along the east side of Hopewell Rd for parcel frontage from north property line to new driveway at 101 +60. Grade shoulder to create a defined ditch to drain to south. Install 4 board fence just outside the existing right of way along entire frontage. Exact location of fence to be coordinated with property owner. No gates at driveways, just breaks in fencing. Parcel 3/6 - Installation and maintenance of livestock type fencing with gate at all times during construction on Parcel 6 along with sufficient advance notice of construction to ensure the continued safety of the horses on the Subject Property. Temporary gate and fencing to be installed prior to removal of existing gate and fencing. Maintenance of open, safe and convenient access for parcel 6 driveway at all times during construction for automobiles, oversized trucks and horse trailers (no detour or other driveway can be utilized to provide the required access). Parcel 4 Install 4 board fencing along entire frontage just outside of right of way of Hopewell Road and Bethany Bend. Exact location to be coordinated with property owner. ITB 21-PW08 - -23 Page Add a driveway along Hopewell Rd at station 103+60/Rt +/- Add a driveway turnaround on the east side of the existing driveway on Bethany Bend. Parcel 5 There is a new property owner for this parcel. The items below were negotiated with the prior owner and need to be coordinated with new owner to determine those that will be installed as part of this construction project. These items are included in the bid schedule. Provide. a gate across driveway and stone stacked type mailbox built outside the existing right of way. Provide stamped concrete between driveways of Parcel 5 & 6. See 5 Figures below for Parcel 5 Special Provisions. ITB 21-PW08 Figure 3 - Mailbox Detail Preparefor Your Mailbox Column Project S 24 1 Page Figure 4 - Location of mailbox & stamped concrete LJ rix _ SJfl1f 517pDf AAKIAi-A. JAl'1cS" DEi�i I Tl61 AO Ai i % + 7 GB 17Yu7. AG IV IM[ A9 Awl, A6 !q6 r r • Jr. ok•'}'s ~ x • - .. %• FAt AAACfI In 4.Y1JM }KK[r f[lly -" x:�'� � -0i'' � ' - �:',•- • ' � i� N�_r+ .;715 .'• X ' Yom. r.•+ ' ' ,� r� ..'�• 2 _' ' ,y��.•.y,,�,y 4 . '•,, 10075. 1 r .�■M��kr1�i'.s�nlyrty�/.�Cr' ��y� f ' • �� a1. SS� !T K,q•t'Y�,31 .•-�i�,� :[ I,'+, i!•4���ll:+fl.t4 ��{y' dE5ijIX.lS � . :••] , ,:' z: J ., •{. .,r. ACYr Cur •+, 11 3xf7 Y7r+l1T F $ �prf !f !•AJ. , �W,� Li6L�Ud1 g1, d`d Figure 5 - Frontage Slope Exhibit Parcel 7 Any landscaping impacted by construction along Bethany Oaks Pointe, Bethany Bend and Hopewell Rd shall be replaced in like kind. Replacement trees shall be minimum 3" caliper. These items are included in the bid schedule. Contractor to provide privacy screening between the pool and construction activities along Bethany Bend and Hopewell Rd which will be a temporary wire/chain link type fence with dark windscreen. This is included in the bid schedule. Contractor will be responsible for reconstruction of existing privacy berm between the clubhouse/pool and roadways. Reconstructed berm shall match existing berm height and depth. Contractor shall extend the privacy berm to Bethany Oaks Pointe right of way between the HOA parcel 7 and the adjacent parcel to the north ITB 21-PW08 25 1 Page within the Bethany Oaks subdivision. Contractor will install (3) 3/4" PVC plumb lines beneath new access road to enable irrigation connection from clubhouse to property east of the new access road. This is included in the bid schedule. Contractor will construct a new concrete wall with stacked stone veneer at NE corner of Bethany Bend and Hopewell Rd. Figure 1 below is a photo of existing wall to reference for type of column. Figure 2 below is a photo of wall to match for type of stone veneer. Figure 3 is a markup of wall detail sheet modifying caps for columns. See 6 Figures below for Parcel 7 Special Provisions. ITB 21-PW08 26 1 Nage ITB 21-PW08 FIGURE 3: UPDATED WALL DETAIL SHEET m 4 a z� C PT'• Pt P M r ©, o�C R 27 1 Page New concrete retaining wall along access road will be constructed with stack -stone veneer as shown in figure 2 above. Contractor will remove and replace all fencing along Bethany Bend and Hopewell Road as shown in Figures 4-6 below and add fencing along new retaining wall between HOA property and parcel to the north as shown in Figure 7 below. Fencing shall be 3 -rail BLACK horse fence type. Figure 4 - Replacement fencing along Hopewell Road south of Bethany Oaks RAD A• _ Cp t>< AGER Ell T — 1.35 +A® F�NjI ryllL {!AY LIMIT ZI' CU TP? x %% HE Ri M �Y ALL i �` S� mi ICAUF LIMO r { •••... ,., C-11 COAYE 'tL y • . - _ -• 'N[EICP TP A RAW O o ! __+!/ _. ���' __ __ _ - .��+_ ww.=�+✓... -- rte` .-.V _f_TY_ w� sr � 5.� TtlIAEMMCMPIPE .. 1 500 STRIP - Fires - R �z T INV I p69.38 _nn .n wr D Ga'AOE �IIILL INLAY � - LIM17 A. 302+50.00 13-0006 S' VMAL9 SEE NOTE r RELAY ~ It T1r Almo0 �y�, REPLACE FENCE WITH APPROX 'R aeig'°'" n u 130' BLA CCK 3 BOARD FROM END fjt IL s r aEMMY Hors rra+�oi►r WALL 3 TO EXISTING WALL ASSONATION, arc. DO W/O, Ps 2+ �„ ` ypCATION AND ACCESS TO BE TAX PARCEL zz +9z1 oe9z o3+z 05RDINATED WITH HOA Pment fencina alona Hopewell Road north of Bethany Oaks YONOLETO J. & MELISSA L. HOSEA D8 53418, PG 280 P8 183, 128 TAX PARCEL 22-4921-0892-0011 ITB 21-PW08 28 1 Page Figure 6 - Replacement fencing along Bethany Bend EPLACE EXISTING FENCE WITH APP X µ` ` 130' BLACK 3 ReiP FENCE g WALL 3 TRE .DR IVE Wb� rlrANrCD uRreRs A55pClAT+QN. INC- !N' C16 IP Y W MW 0. P9 24 I �yrpe ww �S..0 X111 �C7UI 6' I ILg IE I�AI[R �°4?1LI5 99 TAX PARCEL 22-49V -U897-0342 {'$ REPLACE EXISTING ' g Cr°Lfrr! L ::`ALijje�P FENCE WITH APPROX *► rrcr +AI.r 58' BLACK 3 BOARD r ' FENCE FROM NEW -- --- - --=_=- • _ ' -: - °' DRIVE TO TIE INTO UTILITY AREA ' 0. A A5• i $ R +927' rr,� 'L I ' Soo $TRIP X11 n • r•�1 C&C TP 1C 1�A1 - 1 •r7LTA IS+ �CdYSiAVCTIQN Figure 7 - New fencing along new wall of access drive for Bethany Oaks EXISTIN67FEMCE g 'x [ I^ ` •ri i- � -.- 51'.' O� � EXISTIMGIFfNGE ��-. b �. -.R r� • b y _ � Ih •F- ry � � • •'� A. 1!614 - LF yr IA � 44+V D' o$ NEW APP x 154ar so' R: BLACK 3 Bn RD FENCES r ALONG TOP F WALL.. py��A,��,� BV�RIER FENCE + : I Parcel 13 Contractor to install 4 board fencing with woven wire fencing outside the existing right of way. Exact location for fence to be coordinated with new property owner. Contractor to install temporary fencing during construction to contain livestock and dogs. Contractor to install landscaping per plan and as coordinated with new property owners along the acquisition area. ITB 21-PW08 29 1 Page 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 project will be 365 days from the date of the Notice to Proceed. Completion time will not be extended for normal weather conditions. The time for completion as stated in the Contract Documents includes due allowance for calendar days on which work cannot be performed. For the purpose of this Contract, the Contractor agrees that he may expect to lose calendar days due to weather in accordance with the following table: Jan. 10 days May 8 days Sep. 7 days Feb. 9 days June 8 days Oct. 6 days Mar. 9 days July 1 1 days Nov. 7 days Apr. 8 days Aug. 9 days Dec. 8 days The Contractor agrees that the measure of extreme weather during the period covered by this Contract shall be the number of days in excess of those shown for each month in the table above, in which precipitation exceeded 0.10 inch at the project site and the average temperature failed to exceed 40 degrees F. If the total accumulated number of calendar days lost to weather, from the start of work until the completion of project exceeds that total accumulated number to be expected for the same period from the table above, time for completion will be extended by the number of calendar days needed to include the excess number of calendar days lost. Request for extension in contract time shall be submitted monthly as part of the current month's pay application. No change in Contract Sum will be authorized because of adjustments of Contract Time due to Owner's acceptance of Contract Claims for adjustments to Time due to abnormal weather conditions. 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 9:00am and 4:00pm, Monday -Friday, unless otherwise approved by the City. ITB 21-PW08 30 1 Page The work will require bidder to provide all labor, administrative forces, equipment, materials and other incidental items to complete all required work. The City shall perform a Final Inspection upon completion of all work. The Contractor will be allowed to participate in the Final Inspection. All repairs shall be completed by the Contractor at his expense prior to issuance of Final Acceptance. 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. MATERIALS Contractor will be responsible for replacing any work performed with material from rejected sample lot at no cost to the City. 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. ITB 21-PW08 31 1 Page 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. 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 ITB 21-PW08 32 1 Page 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 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 ITB 21-PW08 33 1 Page 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. 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 ITB 21-PW08 34 1 Page 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. CONCRETE SIDEWALKS AND ADA RAMPS This work shall consist of the installation of new 5' sidewalk and ADA compliant ramps. The Contractor will install the new sidewalk in accordance with GDOT Standard Specifications Sections, Article 441. Ramps will be constructed in accordance to GDOT detail A3 that replaces GA Standard 9031 W and must meet Federal ADA standards with regard to slope and grade and shall be constructed using 3000 psi concrete (class A). The Contractor shall inspect the locations specified in the bid to determine the extent of work necessary to construct or upgrade each ramp. The Contractor is to select the ramp type to be used based on the site conditions and configuration of existing sidewalk present unless specifically indicated. In some circumstances the Contractor can install detectable warning panels if existing ramps are constructed to at the proper grade and slope. Expansion joints shall be placed at an interval of 40 feet on center throughout the sidewalk length and at all interfaces with existing sidewalk or structures. The surface of the sidewalk and subgrade shall not exceed a cross slope of 2%. This slope shall be directed to the street unless otherwise directed by the City. The forms shall be made of steel or wood to insure the accurate maintenance of lines and grades. Flexible strips may be used where necessary on curves. After forms are completely set in place the Contractor shall have the forms inspected by the City prior to pouring concrete. ITB 21-PW08 35 1 Page All new concrete sidewalks shall be a minimum of 4 inches thick and shall meet the GDOT specifications for Portland Cement Concrete. The subgrade shall be thoroughly moistened, and the concrete shall be deposited to the proper depth. The concrete along the edges of the forms shall be well spaded against the forms and the concrete shall be struck off until all voids are removed, and the surface has the required grade and cross section. The surface shall be struck off with a straight edge, floated and troweled just enough to produce a smooth dense surface, free from irregularities. Brushing crosswise with a fine hare brush or broom is required to produce a non -slip surface. All joints and edges shall be rounded to a radius of one-quarter (1 /4) inch with an approved finishing tool. The City reserves the right to reject any sidewalk segments not finished in accordance with these standards or finished in a professional and workmanlike manner. All sidewalk sections that are rejected by the City shall be removed and replaced by the Contractor at no additional charge. The Contractor is responsible for protecting the sidewalk from the elements, travel and vandalism. After the concrete has set sufficiently, but not more than three (3) days, the forms shall be removed, and the spaces shall be backfilled with topsoil. The area between the sidewalk and the curb shall be graded to slope toward the curb and allow drainage to flow toward the curb after sod installation. The removal and disposal of existing curb and other concrete to construct or upgrade each ramp and construct sidewalk along with any clearing, grubbing, tree and shrub trimming or removal that impacts construction shall be considered incidental. ITB 21-PW08 36 1 Page MILTONIIN ESTA ISHED ZLDa6 [BIDDERS MUST RETURN THIS FORM WITH. BID RESPONSE - 10 pages tem BID SCHEDULE HOPEWELL ROAD @ BETHANY BEND/BETHANY WAY INTERSECTION IMPROVEMENT PROJECT Pay ----------- -T-- Description Unit Quantity Unit Price TOTAL # S MItem LS 150-1000 TRAFFIC CONTROL - 1 210-0100 GRADING COMPLETE LS 1 310-1101 GR AGGR BASE CRS, TN 3832 INCL MATL 318-3000 AGGR SURF CRS TN 293 RECYCLED ASPH 402-1812 CONC LEVELING, INCL TN 426 BITUM MATL & H LIME RECYCLED ASPH CONC 9.5 MM 402-3103 SUPERPAVE, TYPE II, GP TN 52 2 ONLY, INCL BITUM MATL & H -LIME RECYCLED ASPH CONC 25 MM 402-3121 SUPERPAVE, GP 1 OR TN 964 2, INCL BITUM MATL & H LIME _ RECYCLED ASPH CONC 12.5 MM 402-3130 SUPERPAVE, GP 2 TN 706 ONLY, INCL BITUM MATL & H LIME RECYCLED ASPH CONC 19 MM 402-3190 SUPERPAVE, GP 1 OR TN 482 2, INCL BITUM MATL & H LIME GL 413-0750 TACK COAT _ 434 432-0206 MILL ASPH CONC SY 4155 PVMT, 1 '/2 IN DEPTH ITB 21-PW08 37 1 Page ITB 21-PW08 38 1 Page PLAIN PC CONC 430-0200 PVMT, CL 1 CONC, 10 SY 386 INCH THK 441-0016 DRIVEWAY CONCRETE, SY 913 6 IN TK 441-0016 CONCRETE SIDEWALK, SY 160 4 441-0301 CONC SPILLWAY, TP 1 EA 2 441-0754 CONCRETE MEDIAN, 7 SY 386 '/2 IN 441-4020 CONC VALLEY SY 339 GUTTER, 6 IN 441-5008 CONCRETE HEADER LF 402 CURB, 8 IN, TP 7 CONCRETE HEADER LF 1939 441-5008 CURB, 6 IN, TP 7 CONC CURB & 441-6216 GUTTER, 8 IN X 24 IN, TP LF 2221 2 PVMT REINF FABRIC 446-1100 STRIPS, TP 2, 18 IN LF 502 WIDTH 500-3201 CLASS B CONCRETE, CY 59 RETAINING WALL CLASS B CONC, BASE CY 25 500-9999 OR PVMT WIDENING 607-3000 STONE FACING SF 2500 608-1000 BRICK MASONRY CY 20 608-3000 BRICK PIER BRICK MAILBOX (SEE EA 2 608-3000 PARCEL 5 PROVISIONS) EA 1 620-0100 TEMP BARRIER LF 358 CHANGEABLE 632-0003 MESSAGE SIGN, EA 4 PORTABLE, TYPE 3 643-0050 TEMPORARY FIELD LF 885 FENCE TEMPORARY CH LK 643-1152 FENCE, 6', W/ BLACK LF 400 PRIVACY SCREEN 643-8200 BARRIER FENCE LF 325 (ORANGE), 4 FT ITB 21-PW08 38 1 Page 643-8210 FOUR BOARD LF 1045 WOODEN FENCE FOUR BOARD 643-8210 WOODEN FENCE WITH LF 902 WOVEN WIRE 643-8210 THREE BOARD LF 636 WOODEN FENCE FOUR BOARD FENCE 643-8210 GATE (8 FT WIDE) SEE EA 2 PARCEL 5 PROVISIONS 682-6218 CONDUIT NONMETAL, LF 100 TP 2,3/4IN 'I GOP ff MANY 4 SUBDIVISION 150-1000 TRAFFIC CONTROL LS 1 Asphalt Concrete 402-1802 Patching including TN 800 Bituminous Material & H Lime 3 in. 19mm Recycled Asphalt Concrete 9.5 MM 402-3103 Superpave GP 2 Only TN 1300 Including Bituminous Material and H -Lime 1.5 in. 432-5010 Mill Asphalt Conc SY 8600 Pvmt, Variable Depth 441-6012 Curb & Gutter Type 2 LF 200 Thermoplastic Solid 653-1704 Traffic Stripe, 24 IN LF 20 White ❑RAINAGE ITEMS CLASS A CONCRETE CY 1 500 550-1180 STORM DRAIN PIPE, 18 LF 1042 IN, H 1-10 ITB 21-PW08 39 1 Page 550-1240 STORM DRAIN PIPE, 24 LF 224 IN, H 1-10 550-4218 FLARED END SECTION EA 6 18 IN, STORM DRAIN FLARED END SECTION 550-4224 EA 1 24 IN, STORM DRAIN 603-1012 STN PLAIN RIP RAP, 12 SY 50 603-2181 STN DUMPED RIP RAP, SY 95 TP 3, 18 IN 603-7000 PLASTIC FILTER FABRIC SY 50 611-3000 RECONSTR CATCH EA 1 BASIN, GROUP 1 611-8050 ADJUST MANHOLE TO EA 1 GRADE 668-1100 CATCH BASIN, GP 1 EA 7 668-1110 CATCH BASIN, GP 1, LF 4 ADDL DEPTH 668-2100 DROP INLET, GP 1 EA 8 668-2105 DROP INLET, GP 1, EA 3 SPCL DES 668-2115 DROP INLET, GP 1, LF 1 SPCL DES, ADDL DEPTH 668-4300 STORM SEWER EA 4 MANHOLE, TP 1 STORM SEWER 668-4300 MANHOLE, TP 1, ADDL EA 6 DEPTH, CL 1 682-6108 CONDUIT, RIGID, 3/4 IN LF 150 ZER'AIN 500-3101 CLASS A CONCRETE CY 3 600-0001 FLOWABLE FILL Cy 10 ITB 21-PW08 40 1 Page 611-8120 ADJUST WATER METER EA 2 BOX TO GRADE ADJUST WATER VALVE 611-8140 EA 2 BOX TO GRADE WATER MAIN, 8 IN, DIP 670-1080 LF 1020 5 670-1240 WATER MAIN, 24 IN, LF 1 154 DIP 51 670-1500 CAP OR REMOVE EA 3 EXISTING WATER MAIN INSERTION VALVE (8-12 670-2500 EA 3 670-2060 GATE VALVE, 6 IN EA 3 670-2080 GATE VALVE, 8 IN EA 3 670-2002 VALVE MARKER EA 3 669-3087 TAPPING SLEEVE & EA 3 VALVE ASSEMBLY TAPPING SLEEVE & 670-3108 EA 1 VALVE ASSEMBLY 670-4000 FIRE HYDRANT EA 2 669-5620 WATER SERVICE LINE, LF 100 3/4 IN 670-5010 SERVICE LINE, 1 LF 60 IN WATER SERVICE LINE, 2 670-5020 LF 40 IN 12" STEEL CASING 615-1000 LF 174 JACK OR BORE 670-7000 STEEL CASING LF 174 RELOCATE EXISTING 670-9710 EA 1 FIRE HYDRANT RELOCATE EXISTING 670-9720 WATER VALVE, INC EA 1 BOX RELOCATE EXISTING 670-9730 WATER METER, INC EA 5 BOX 670-9920 REMOVE EXISTING FIRE EA 2 HYDRANT EMS MARKING TAPE LF 2174 ITB 21-PW08 41 1 Page LSIGNING AND HIGHWAY SIGNS, TP 1 - 6736-1636-1033 MATL, REFL SHEETING, I SF 48 TP 9 _ HIGHWAY SIGNS, TP 1 636-1036 MATL, REFL SHEETING, SF 100 TP 11 308 636-2070 GALV STEEL POSTS, TP LF THERMOPLASTIC PVMT 653-0110 MARKING, ARROW, TP EA 5 1 A -FISH HOOK THERMOPLASTIC PVMT 653-0120 MARKING, ARROW, TP EA 6 2 THERMOPLASTIC PVMT 653-0122 MARKING, ARROW, TP EA 2 2A - FISH HOOK THERMOPLASTIC PVMT 653-0296 MARKING, WORD, TP EA 4 15 THERMOPLASTIC SOLID 653-1501 TRAF STRIPE, 5 IN, LF 836 WHITE THERMOPLASTIC SOLID 653-1502 TRAF STRIPE, 5 IN, LF 3383 YELLOW THERMOPLASTIC SOLID 653-1704 TRAF STRIPE, 24 IN, LF 32 WHITE THERMOPLASTIC SOLID 653-1804 TRAF STRIPE, 8 IN, LF 179 WHITE THERMOPLASTIC SKIP 653-3501 TRAF STRIPE, 5 IN, GLF 423 WHITE THERMOPLASTIC SKIP 653-3502 TRAF STRIPE, 5 IN, GLF 422 YELLOW THERMOPLASTIC SKIP 653-4830 TRAF STRIPE, 18 IN, GLF 248 WHITE 653-6006 THERMOPLASTIC TRAF SY 145 STRIPING, YELLOW 653-6008 THERMOPLASTIC TRAF SY 179 STRIPING, WHITE 654-1001 RAISED PVMT MARKERS EA 130 TP 1 ITB 21-PW08 42 1 Page EROSION CONTROL - &20"OffalAM A 163-0232 TEMPORARY AC 2 GRASSING 163-0240 MULCH TN 61 163-0300 CONSTRUCTION EXIT EA 1 CONSTRUCT AND REMOVE RIP RAP 163-0527 CHECK DAMS, STONE EA 11 PLAIN RIP RAP/SAND BAGS _ LS 1 163-0531 CONSTR & REMOVE SEDIMENT BASIN, TP 1 CONSTRUCT AND 163-0542 REMOVE STONE FILTER EA 4 RING CONSTRUCT AND 163-0550 REMOVE INLET EA 24 SEDIMENT TRAP MAINTENANCE OF 165-0010 TEMPORARY SILT LF 4871 FENCE, TP A 165-0060 MAINT TEMP SEDIMENT EA 1 BASIN 165-0101 MAINT OF EA 1 CONSTRUCTION EXIT 165-0105 MAINT OF INLET EA 24 SEDIMENT TRAP 165-0111 MAINT STONE FILTER EA 4 RING WATER QUALITY 167-1000 MONITORING AND EA 6 SAMPLING 167-1500 WATER QUALITY MO 12 INSPECTIONS 171-0010 TEMP SILT FENCE, TP A LF 4871 �ENT EROSIO 169-0005 DRY DETENTION BASIN EA 1 700-6910 PERMANENT AC 3 GRASSING 700-7000 AGRICULTURAL LIME TN 10 ITB 21-PW08 43 1 Page 700-8000 FERTILIZER MIXED TN 2 GRADE 700-8100 FERTILIZER NITROGEN LB 166 CONTENT 700-9300 SOD SY 1741 716-2000 EROSION CONTROL SY 631 MATS, SLOPES OUTLET CONTROL LS 1 STRUCTURE NELLIE R. STEVENS 702-0474 HOLLY / ILEX X 'NELLIE EA 10 R. STEVENS' 6' HT JAYBIRD GEORGIA OAK/ QUERCUS EA 3 GEORGIANA 'JAYBIRD' 4" CAL, 1 NUTTALL OAK / 702-0897 QUERCUS NUTTALLII, 4" EA 4 CAL, 1 BOTTLEBRUSH BUCKEYE 702-0043 / AESCULUS EA 42 PARVIFLORA, 7 GAL CINNAMON GIRL DISTYLIUM / DISTYLIUM EA 118 'CINNAMON GIRL' 'PIIDIST-V', 3 GAL DWARF FOTHERGILLA / 702-0723 FOTHERGILLA EA 95 GARDENII 'MT. AIRY', 3 GAL LIMELIGHT HYDRANGEA / 702-0341 HYDRANGEA EA 185 PANICULATA 'LIMELIGHT', 3 GAL _ SMALL -LEAF ARROWWOOD / 702-1095 VIBURNUM EA 96 OBOVATUM 'MRS. SHILLER DELIGHT', 3 GAL BLACK MOUNTAIN SPLITBEARD BLUESTEM / ANDOPOGON EA 67 TERNARIUS 'BLACK MOUNTAIN', 1 GAL ITB 21-PW08 44 1 Page 708-1000 1 PLANT TOPSOIL I CY 1 1500 SUB TOTAL BID ESTIMATE MISCELLANEOUS CONSTRUCTION TOTAL HOPEWELL AT BETHANY BEND/WAY PROJECT $200,000 ITB 21-PW08 45 1 Page CAPE BREEZE SWITCH 702-0719 GRASS / PANICUM EA 18 VIRGATUM 'CAPE BREEZE', 1 GAL STANDING OVATION LITTLE BLUESTEM GRASS 702-1040 / SCHIZACHYRIUM EA 427 SCOPARIUM 'STANDING OVATION', 1 GAL 700 BERMUDA GRASS / SF 20200 CYNODON DACTYLON 702-9025 LANDSCAPE MULCH SY 4500 708-1000 1 PLANT TOPSOIL I CY 1 1500 SUB TOTAL BID ESTIMATE MISCELLANEOUS CONSTRUCTION TOTAL HOPEWELL AT BETHANY BEND/WAY PROJECT $200,000 ITB 21-PW08 45 1 Page MILTON"It ESTABLISHED 2006 [BIDDERS MUST RETURN THIS FORM WITH BID RESPONSE] Bid Submittal Form - Hopewell Road @ Bethany Bend/Bethany Way Intersection Improvement Project - (Total 10 Pages) Hopewell Road @ Bethany Bend/Bethany Way Intersection Improvement 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-PW08 46 1 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 10 1. 10 Delete as written and substitute the BOARD following: CITY COUNCIL OF CITY OF MILTON, GEORGIA Section 101.14 Delete as written and substitute the COMMISSIONER following: DIRECTOR OF PUBLIC WORKS, CITY OF MILTON Section 10 1. 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 Section 101.24 Delete as written and substitute the ITB 21-PW08 47 1 Page ENGINEER Section 101.47 STATE HIGHWAY ENGINEER Section 101.74 SUPPLEMENTAL AGREEMENT Section 101.84 following: DIRECTOR OF PUBLIC WORKS, CITY OF MILTON, ACTING DIRECTLY OR THROUGH A DULY AUTHORIZED REPRESENTATIVE OF THE DIRECTOR Delete as written and substitute following: DIRECTOR OF PUBLIC WORKS, CITY OF MILTON, ACTING DIRECTLY OR THROUGH A DULY AUTHORIZED REPRESENTATIVE OF THE DIRECTOR Retain as written and substitute the following: Any Supplemental Agreement that has a dollar value amount that is less than $25,000.00 shall not require the assent of the Surety." Add: DIRECTOR OF PUBLIC WORKS CITY OF MILTON SECTION 102 - BIDDING REQUIREMENTS AND CONDITIONS Section 102.05 EXAMINATION OF PLANS, Add the following paragraph: SPECIFICATIONS, SPECIAL PROVISIONS, "The City will not be responsible for AND SITE OF THE WORK Bidders' errors or misjudgment, nor for any information on local conditions or general laws and regulations." Section 102.07 REJECTION OF 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. "J. The City also reserves the right to reject any and all bids from any person, firm, or ITB 21-PW08 48 1 Page Section 102.08 PROPOSAL GUARANTY Add Section 102.15 ADDENDA AND INTERPRETATION Section 102.09 DELIVERY OF PROPOSALS: corporation who is in arrears in any debt or obligation to The City of Milton, Georgia." Substitute the following for the first sentence "No bid will be considered unless it is accompanied by an acceptable bid bond an amount not less than five percent (5%) of the amount bid and made payable to City of Milton, Georgia. Such Bid Bond shall be on the forms provided by the City." Delete in its entirety and substitute the following: Bids shall 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." Add the following as 102.15: "No interpretation of the meaning of the Contract Documents will be made orally to any Bidder. Any request for such interpretation should be in writing addressed to the Purchasing Department, The City of Milton 2006 Heritage Walk Milton, Ga. 30004. TEL. 678/242-2500, FAX 678/242-2499.Each such interpretation shall be given in writing, separately numbered and dated, and furnished to each interested Bidder. Any request not received in time to accomplish such interpretation and distribution will not be accepted. SECTION 103 - AWARD OF AWARD AND EXECUTION OF CONTRACT 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 ITB 21-PW08 49 1 Page Section 103.05 REQUIREMENTS OF CONTRACT BONDS Section 103.07 FAILURE TO EXECUTE CONTRACT 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." Delete in its entirety and substitute the following: "At the time of the execution of the contract, and as a part thereof, the successful bidder shall furnish Contract Bond Below: Performance Bond in the full amount of the contract. Payment Bond in the full amount of the contract. Maintenance bond in the amount of one-third (1/3) of the contract. " Delete in its entirety and substitute the following: "Failure to execute the Contract Performance, Payment or Maintenance Bonds, or furnish satisfactory proof of carriage of the insurance required within ten days after the date of Notice of Award of the Contract, may be just cause for the annulment of the award and for the forfeiture of the proposal guaranty to the City of Milton, not as a penalty, but as liquidation of damages sustained. At the discretion of the City, the award may then be made to the next lowest bidder, may be re -advertised, or may be constructed by City forces. The Contract and Contract bonds shall be executed in quadruplicate." SECTION 107 - LEGAL REGULATIONS AND RESPONSIBILITY TO THE PUBLIC Section 107.18 ACQUISITION OF RIGHT OF WAY Add the following paragraph: "The Contractor shall inspect all easements and rights-of-way to ensure that the City has obtained all land and rights-of-way necessary for completion of the Work to be performed pursuant to the Contract Documents. The Contractor shall comply with all stipulations 501 Page 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. 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 ITB 21-PW08 51 1 Page connection with same." ITB 21-PW08 52 1 P (,-i g e '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 ITB 21-PW08 53 1 Page SAMPLE CONTRACT INTENTIONALLY OMITTED M11 LTON* ESTABLISHED M ACKNOWLEDGEMENT RECEIPT OF ADDENDUM #1 ITB 21-PW08 Upon receipt of documents, please email, fax or mail this page to: City of Milton Attn: Honor Motes, Purchasing Office 2006 Heritage Walk Milton, GA 30004 Phone: 678-242-2500 Fax: 678-242-2499 Email: honor.motes@cityofmilton_aa.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 ADDENDUM #1 Date ADDENDUM #1 ITB 21-PW08 REVISED DUE DATE: March 30, 2021 at 2:00 p.m. EST "Deadline to submit questions to this Addendum #1 is by 2:00 p.m. EST on March 24, 2021. If a second Addendum is needed it will be posted on March 25, 2021. This Addendum forms a part of the contract documents and modifies the original ITB documents as noted below: Additions to PROJECT SPECIAL PROVISIONS Parcel 2 - Provide for sodding or grassing of any disturbed areas with grass of like kind to match grass on remainder of property (tall fescue). Parcel 3/6 - Contractor shall relocate and reinstall business sign for the Farm at Pamelot at same height and as close as feasible to the new right of way and the new driveway on Parcel 6. Such relocation and installation will occur as soon as reasonably possible. Picture below shows existing sign and Figure 1 shows proposed location. Cost associated with relocation of sign shall be considered incidental. Electric box to be relocated as part of utility relocation to be coordinated by contractor. Contractor is not responsible for any cost associated with electric box relocation as shown in Figure 1. Figure 1 - Relocation of sign and electric box RELOCATE EXISTING ing sign RELOCATE EXISTING ELECTRIC BOX PARCEL 3/6 PROJECT SPECIAL PROVISIONS THAT ARE ONLY APPLICABLE IF SELECTED TO BE ADDED WITH SUPPLEMENTAL PRICING (SEE UPDATED BID SCHEDULE): Special provisions related to supplemental pricing items include driveway relocations, driveway type substitutions, modifications to proposed fencing and gate locations and potential drainage pipe system. Figure 3 - Driveway and fence modificaitons with replacement metal gate (in- kind or as similar as possible) on parcel 3 r � +� .iiurart ro*sw ¢roGu.,r wnww•• ctr,� RELOCATED 24' WIDE S' THICK OCONCRETE DRIVEWAY WITH 15' 4 -BOARD FENCE PROPOSED 4-00ARD FENCE PROPOSED RADIUS. APPROX SAME LOCATION FOR INFORMATION l LOCATION FOR INFORMATION CONCRETE QUANTITY AS ONLY QUANTITY ALREADY ;x ONLY QUANTITY ALREADY PREVIOUS DRIVEWAY 104+$4 INCLUDED I BID SCHEDULE INCLUDED IN BID SCHEDULE SUBSTITUE GMT TYPE A-2 INSTEAD OF A•1 °�*�*• t � \ M ''yrul rPY a111aXp!]9�RIM1' � \ CD \ ■ t rKi7o�r�unmarwrwn r �_ r rr�u+w'.MaKwrireea=res r `IL� 7 Figure 4 - Modification to GDOT type A-1 driveway only for parcel 6 with replacement metal gate (in-kind or as similar as possible) on parcel 6 N CD a-BaARn FENCE PROPOSED LOCATION FOR INFORMATION � �r �. ONLY QUANTITY ALREADY , INCLUDED IN BID SCHEDULE ,+rimoM�a•,aH. MODIFIED FROM CO6 ! DRIVEWAY TO 24' WIDE r ` THICK CONCRETE 1 1 DRIVEWAY ODOT TYPE A -t p;wyfp,pmHNYa's YJ 1 . rw4-10ARD FENCE PROPOSED L(X ATIC➢" ; FOR INFORMATION Y QUANTITY ALREADY INCLUDED IN BID SCHEDULE Y � I x / rKlhoLllw�o�rtMCE M9Fu6rn 1 � ,�. p14I �pYO11M J Figure 5 - Combined driveway for parcels 5 and 6 with stamped colored concrete between driveways D hV 1 WOODEN FENCE -,",SCOTT G < ;' 1945, 85pg X9016. PG 29 �' PAMELA F• A. JACKSON 22-4AX 70892-0229; r DB 17247, PG 152 >; k , ^r• •?� ,� ',�• � � DB 16582, PG 106 DB 17247 PG 168 " rr •. " x t ,>,:; {'� �i �.'� n ' TAX PARCEL I 22-4770-0892-0815 jai - - )� •�(-4 COMBINED DRIVEWAYS (RED .� WITH STAMPED CONCRETE y .,�•AT 99��� 136, i i BETWEEN (BLUE) INSTALL NEW TWD- I 8' LONG GATES fND EE Et siA. Q701r 5 83� -RESET CATE I�Q OF}Q�i�SVfNAY� • _ _ "�ti'sYprr �BL+rM1 __ :' _ ! 7+14.08' LT . FiI �Gi7 END 4-80ARD ffN FENCE STA. 40 17.84 p'IJ TIA YtSTIIIG i TP ' f � qE fREYDVE AMD SET GATE `, �r ` I09.9�85' L'i u x 0, Noll, "o 0 g 0 1.00-11W ON 103roud J'Ocollyoui siovdvyi 8 h � 1 .SISA-1VNV 3uno-oi-1S00 CL z Obf 113M3dOH V ON39 ANVHJ.313 0 0 z (PuOd LJORIJBIGO) 9 183,18d LIBId U01186111W —Ai A 0. < LU 7", 24" .,4 . . . . . . . . . . . . . . . . . LU is CD uj 0 41 C)D E 0 0 LL Z w E < I> Lu 'c E J z W<o 0 cl (' < > 2ww 2 Lu z w <ED o< ow(L 0iK — wz " F- a x n (..) r-) w w 1 0 w 0 > 0 0 0 E 0 Ir aaa uj MILTON't "TZ0 ES AKL5HED 2006 REVISED BID SCHEDULE This replaces the Bid Schedule in the original bid BID SCHEDULE HOPEWELL ROAD @ BETHANY BEND/BETHANY WAY INTERSECTION IMPROVEMENT PROJECT - UPDATED WITH ADDENDUM #1 Pay Description Unit Quantity Unit Price TOTAL Item # Y ITEMS TRAFFIC CONTROL - LS 1 150-1000 210-0100 GRADING COMPLETE LS 1 310-1101 GR AGGR BASE CRS, TN 3832 INCL MATL 318-3000 AGGR SURF CRS TN 293 RECYCLED ASPH 402-1812 CONC LEVELING, INCL TN 426 BITUM MATL & H LIME RECYCLED ASPH CONC 9.5 MM 402-3103 SUPERPAVE, TYPE II, GP TN 52 2 ONLY, INCL BITUM MATL & H -LIME RECYCLED ASPH CONC 25 MM 402-3121 SUPERPAVE, GP 1 OR TN 964 2, INCL BITUM MATL & H LIME RECYCLED ASPH CONC 12.5 MM 402-3130 SUPERPAVE, GP 2 TN 706 ONLY, INCL BITUM MATL & H LIME RECYCLED ASPH CONC 19 MM 402-3190 SUPERPAVE, GP 1 OR TN 482 2, INCL BITUM MATL & H LIME 71PaLTe 1TB21-11W08ddcuduIII �'I 413-0750 TACK COAT GL 434 4155 432-0206 MILL ASPH CONC SY PVMT, 1 '/2 IN DEPTH PLAIN PC CONC 430-0200 PVMT, CL 1 CONC, 10 SY 386 INCH THK 441-0016 DRIVEWAY CONCRETE, _ SY 913 6 IN TK 441-0016 CONCRETE SIDEWALK, SY 160 4 441-0301 CONC SPILLWAY, TP 1 EA 2 441-0754 CONCRETE MEDIAN, 7 SY 386 '/2 IN 441-4020 CONC VALLEY SY 339 GUTTER, 6 IN 441-5008 CONCRETE HEADER LF 402 CURB, 8 IN, TP 7 441-5008 CONCRETE HEADER LF 1939 CURB, 6 IN, TP 7 CONC CURB & 441-6216 GUTTER, 8 IN X 24 IN, TP LF 2221 2 PVMT REINF FABRIC 446-1100 STRIPS, TP 2, 18 IN LF 502 WIDTH 59 500-3201 CLASS B CONCRETE, CY RETAINING WALL 500-9999 CLASS B CONC, BASE CY 25 OR PVMT WIDENING 607-3000 STONE FACING SF 2500 608-1000 BRICK MASONRY CY 20 608-3000 BRICK PIER EA 2 608-3000 BRICK MAILBOX (SEE EA 1 PARCEL 5 PROVISIONS) 620-0100 TEMP BARRIER LF 358 CHANGEABLE 632-0003 MESSAGE SIGN, EA 4 PORTABLE, TYPE 3 643-0050 TEMPORARY FIELD LF 885 FENCE 8 1 P a g e 1TB21-PW08-Adclendum #I 9 1 P a g e 1TB21-PW08-Adclendum 41 TEMPORARY CH LK 643-1152 FENCE, 6', W/ BLACK LF 400 PRIVACY SCREEN 643-8200 BARRIER FENCE LF 325 (ORANGE), 4 FT 643-8210 FOUR BOARD LF 1045 WOODEN FENCE FOUR BOARD 643-8210 WOODEN FENCE WITH LF 902 WOVEN WIRE 643-8210 THREE BOARD LF 636 WOODEN FENCE FOUR BOARD FENCE 643-8210 GATE (8 FT WIDE) SEE EA 2 PARCEL 5 PROVISIONS 682-6218 CONDUIT NONMETAL, LF 100 TP 2,3/41N or, 8 'HANY OAK5 SUBDIVISIQN II 150-1000 TRAFFIC CONTROL LS 1 Asphalt Concrete 402-1802 Patching including TN 800 Bituminous Material & H Lime 3 in. 19mm Recycled Asphalt Concrete 9.5 MM 402-3103 Superpave GP 2 Only TN 1300 Including Bituminous Material and H -Lime 1.5 in. 432-5010 Mill Asphalt Conc SY 8600 Pvmt, Variable Depth 441-6012 Curb & Gutter Type 2 LF 200 Thermoplastic Solid 653-1704 Traffic Stripe, 24 IN LF 20 White ❑RAlNAGF 4 9 1 P a g e 1TB21-PW08-Adclendum 41 500 CLASS A CONCRETE:1 CY 1 550-1180 STORM DRAIN PIPE, 18 LF 1042 IN, H 1-10 STORM DRAIN PIPE, 24 550-1240 LF 224 IN, H 1-10 FLARED END SECTION 550-4218 EA 6 18 IN, STORM DRAIN 550-4224 FLARED END SECTION EA 1 24 IN, STORM DRAIN SY 603-1012 STN PLAIN RIP RAP, 12 50 95 603-2181 STN DUMPED RIP RAP, SY TP 3, 18 IN 50 603-7000 PLASTIC FILTER FABRIC RECONSTR CATCH SY EA 611-3000 1 BASIN, GROUP 1 ADJUST MANHOLE TO 611-8050 EA 1 GRADE 668-1100 CATCH BASIN, GP 1 EA 7 668-1110 CATCH BASIN, GP 1, LF 4 ADDL DEPTH 668-2100 DROP INLET, GP 1 EA 8 668-2105 DROP INLET, GP 1, EA 3 SPCL DES 668-2115 DROP INLET, GP 1, LF 1 SPCL DES, ADDL DEPTH 668-4300 STORM SEWER EA 4 MANHOLE, TP 1 STORM SEWER 668-4300 MANHOLE, TP 1, ADDL EA 6 DEPTH, CL 1 682-6108 CONDUIT, RIGID, % IN LF 150 101Page 1TB21-PW08-Add endum #I 11�Pa�� 1TB21-P�V08-Addendum #I WATER MAIN I 1 1 500-3101 CLASS A CONCRETE CY 3 600-0001 FLOWABLE FILL CY 10 611-8120 ADJUST WATER METER EA 2 BOX TO GRADE 611-8140 ADJUST WATER VALVE EA 2 BOX TO GRADE 670-1080 WATER MAIN, 8 IN, DIP LF 1020 S 670-1240 WATER MAIN, 24 IN, LF 1154 DIP 51 670-1500 CAP OR REMOVE EA 3 EXISTING WATER MAIN 670-2500 INSERTION VALVE (8-12 EA 3 670-2060 GATE VALVE, 6 IN EA 3 670-2080 GATE VALVE, 8 IN EA 3 670-2002 VALVE MARKER EA 3 669-3087 TAPPING SLEEVE & EA 3 VALVE ASSEMBLY 670-3108 TAPPING SLEEVE & EA 1 VALVE ASSEMBLY 670-4000 FIRE HYDRANT EA 2 669-5620 WATER SERVICE LINE, LF 100 3/4 IN 670-5010 SERVICE LINE, 1 LF 60 IN 670-5020 SERVICE LINE, 2 LF 40 IN 615-1000 12" STEEL CASING LF 174 JACK OR BORE 670-7000 STEEL CASING LF 174 670-9710 RELOCATE EXISTING EA 1 FIRE HYDRANT RELOCATE EXISTING 670-9720 WATER VALVE, INC EA 1 BOX RELOCATE EXISTING 670-9730 WATER METER, INC EA 5 BOX 11�Pa�� 1TB21-P�V08-Addendum #I 121Page 1'FB21-PW08-Addendum rtl REMOVE EXISTING FIRE 670-9920 EA 2 HYDRANT EMS MARKING TAPE LF 2174 771 MARKfN HIGHWAY SIGNS, TP 1 1636-1033 MATL, REFL SHEETING, SF 48 TP 9 HIGHWAY SIGNS, TP 1 636-1036 MATL, REEL SHEETING, SF 100 TP 11 GALV STEEL POSTS, TP 636-2070 LF 308 THERMOPLASTIC PVMT 653-0110 MARKING, ARROW, TP EA 5 lA — FISH HOOK THERMOPLASTIC PVMT 653-0120 MARKING, ARROW, TP EA 6 2 THERMOPLASTIC PVMT 653-0122 MARKING, ARROW, TP EA 2 2A —FISH HOOK THERMOPLASTIC PVMT 653-0296 MARKING, WORD, TP EA 4 15 THERMOPLASTIC SOLID 653-1501 TRAF STRIPE, 5 IN, LF 836 WHITE THERMOPLASTIC SOLID 653-1502 TRAF STRIPE, 5 IN, LF 3383 YELLOW THERMOPLASTIC SOLID 653-1704 TRAF STRIPE, 24 IN, LF 32 WHITE THERMOPLASTIC SOLID 653-1804 TRAF STRIPE, 8 IN, LF 179 WHITE THERMOPLASTIC SKIP 653-3501 TRAF STRIPE, 5 IN, GLF 423 WHITE THERMOPLASTIC SKIP 653-3502 TRAF STRIPE, 5 IN, GLF 422 YELLOW THERMOPLASTIC SKIP 653-4830 TRAF STRIPE, 18 IN, GLF 248 WHITE THERMOPLASTIC TRAF 653-6006 SY 145 STRIPING, YELLOW THERMOPLASTIC TRAF 653-6008 SY 179 STRIPING, WHITE 121Page 1'FB21-PW08-Addendum rtl RAISED PVMT MARKERS 654-1001 EA 130 TP 1 m 0 I 163-0232 TEMPORARY AC 2 GRASSING 163-0240 MULCH TN 61 163-0300 CONSTRUCTION EXIT EA 1 CONSTRUCT AND REMOVE RIP RAP 163-0527 CHECK DAMS, STONE EA 11 PLAIN RIP RAP/SAND BAGS CONSTR & REMOVE 163-0531 LS 1 SEDIMENT BASIN, TP 1 CONSTRUCT AND 163-0542 REMOVE STONE FILTER EA 4 RING CONSTRUCT AND 163-0550 REMOVE INLET EA 24 SEDIMENT TRAP MAINTENANCE OF 165-0010 TEMPORARY SILT LF 4871 FENCE, TP A MAINT TEMP SEDIMENT 165-0060 EA 1 BASIN MAINT OF 165-0101 EA 1 CONSTRUCTION EXIT 165-0105 MAINT OF INLET EA 24 SEDIMENT TRAP 165-01 1 1 MAINT STONE FILTER EA 4 RING WATER QUALITY 167-1000 MONITORING AND EA 6 SAMPLING 167-1500 WATER QUALITY MO12 INSPECTIONS 171-0010 TEMP SILT FENCE, TP A LF 4871 169-0005 DRY DETENTION BASIN EA 1 700-6910 PERMANENT AC 3 GRASSING 131Page 1TB21 -PW08-Ad dendum # I 700-7000 AGRICULTURAL LIME TN 10 700-8000 FERTILIZER MIXED TN 2 GRADE 700-8100 FERTILIZER NITROGEN LB 166 CONTENT 700-9300 SOD SY 1741 716-2000 EROSION CONTROL SY 631 MATS, SLOPES OUTLET CONTROL LS 1 STRUCTURE NELLIE R. STEVENS 702-0474 HOLLY / ILEX X 'NELLIE EA 10 R. STEVENS' 6' HT JAYBIRD GEORGIA OAK/ QUERCUS EA 3 GEORGIANA 'JAYBIRD' 4" CAL, 1 NUTTALL OAK / 702-0897 QUERCUS NUTTALLII, 4" EA 4 CAL, 1 BOTTLEBRUSH BUCKEYE 702-0043 / AESCULUS EA 42 PARVIFLORA, 7 GAL CINNAMON GIRL DISTYLIUM / DISTYLIUM EA 1 18 'CINNAMON GIRL' 'PIIDIST-V', 3 GAL DWARF FOTHERGILLA / 702-0723 FOTHERGILLA EA 95 GARDENII 'MT. AIRY', 3 GAL LIMELIGHT HYDRANGEA / 702-0341 HYDRANGEA EA 185 PANICULATA 'LIMELIGHT', 3 GAL SMALL -LEAF ARROWWOOD / 702-1095 VIBURNUM EA 96 OBOVATUM 'MRS. SHILLER DELIGHT', 3 GAL BLACK MOUNTAIN SPLITBEARD BLUESTEM / ANDOPOGON EA 67 TERNARIUS 'BLACK MOUNTAIN', 1 GAL 141Pagc ITB21-PW08-ALid Ut,au,n #I 702-0719 CAPE BREEZE SWITCH GRASS / PANICUM VIRGATUM 'CAPE BREEZE', 1 GAL EA 1 18 STANDING OVATION LITTLE BLUESTEM GRASS 702-1040 / SCHIZACHYRIUM EA 427 SCOPARIUM 'STANDING OVATION', 1 GAL 700 BERMUDA GRASS / SF 20200 CYNODON DACTYLON 702-9025 LANDSCAPE MULCH SY 4500 708-1000 PLANT TOPSOIL CY 1500 MISC RELOCATE SIGN FOR LS 1 PAMELOT FARMS SUB TOTAL BID ESTIMATE MISCELLANEOUS CONSTRUCTION $200,000 TOTAL HOPEWELL AT BETHANY BEND/WAY PROJECT SUPPLEMENTAL PRICE ITEMS IDENTIFIED IN ADDENDUM (SEE FIGURES IN ADDENDUM #1 FOR DETAILS OF WORK) 441-0016 PARCEL 3 DRIVEWAY LS 1 [MODIFICAITON(FIG3) 441-0016 PARCEL 6 DRIVEWAY LS 1 MODIFICATION (FIG 4) 441-0016 PARCEL 6 COMBO LS 1 DRIVEWAY (FIG 5) m Now GRADING COMPLETE 210-1000 INCLUDING EROSION LS 1 CONTROL FOR DRAINAGE WORK CLASS A CONCRETE, 500-3800 INCL REINF STEEL CY 6 (HEADWALLS, 550-1240 STORM DRAIN PIPE, 24 LF 124 IN, H 1-10 550-1360 STORM DRAIN PIPE, 36 LF 315 IN, H 1-10 668-2100 MEDIAN DROP INLETJ EA 1 SUPPLEMENTAL PRICING WILL NOT BE INCLUDED IN TOTAL BID PRICE 151Page 1TB21-PW08-Addendum #I MILTON At ESTABLiSHE❑ 2006 ACKNOWLEDGEMENT RECEIPT OF ADDENDUM #2 ITB 21-PW08 Upon receipt of documents, please email, fax or mail this page to: City of Milton Attn: Honor Motes, Purchasing Office 2006 Heritage Walk Milton, GA 30004 Phone: 678-242-2500 Fax: 678-242-2499 Email: honor.motes@cityofmilton-ga.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 ADDENDUM #2 Date IIPage ITB21 -PW08-Addendum #2 ADDENDUM #2 ITB 21-PW08 This Addendum forms a part of the contract documents and modifies the original ITB documents as noted below: Questions and Answers 1. If there a certain color for the stone for the Mailbox? To match the stone on the rest of the project. 2. Are any type of road closures permitted? Closures will be considered with an approved detour plan. 3. Which pattern for the colored stamped concrete? Cobble pattern 4. Class 1 is not an appropriate mix for this application can Class A be used instead? Yes 5. Is there a detail for the stamped concrete areas (color and pattern) that can be provided? Cobble pattern. Color will be submitted for approval. We use a dark brown color throughout the City. 6. Is this project to include resurfacing all roads located within the Bethany Oaks Subdivision? Yes 7. Assuming yes on the question above, Is the goal for the new asphalt to be flush with existing curb and gutter after resurfacing? Yes 8. Has there been any submitted utility adjustment schedules? Utility relocation and coordination is to be handled by the Contractor. 9. We noticed the proposed waterline work in the bid schedule but there are no separate water relocation plans. Please provide it. Water relocation is shown on the utility sheets. 21 Page ITB 21-PW08-Addendum #2 "EXHIBIT B" Bid Number: 21-PWOB Project Name: Hopewell Road @ Bethany Bend/Bethany Way Intersection I.mpravement Project T Due Date and Time: March 25, 2021 Number of Pages: 119 Local Time: 2:00 p.m. Issue Date: March 4, 2021 City of Milton Phone: 678-242-2500 Public Works Department Fax: 678-242-2499 2006 Heritage Walk Website: www.cifyofmiltonga.us Milton, GA 30004 ITB 21-PW08 1 I Page .CAP,% Electronic Submittal: **Bids must be Mark face of Envelope/Package: submitted electronically via Milton's Bid Number: 21-PW08 BidNet procurement portal/platform Name of Company or firm at www. cityofmiitonga. us if you have not registered as a vendor Special Instructions, via BidNet we encourage you to Deadline for Written Questions register. There is no cost to join, and March 16, 2021 at 5:00 p.m. you will be notified of any potential bid opportunities with the City of Submit questions online via the BidNet Milton as well as other agencies who Direct procurement portal at are part of the Georgia Purchasing www.cltyofmiltonga.us Group. Bidder Name/Address: �.i Authorized Bidder Sign2:.1 Please rint name tind sin Bidder FAX Number: � 7g - qq7- 31s72- _ Bidder Phone Number: � B{dder Federal I.D. Number: Bidder E-mail Address: r.„k,I�,�LQyp�r- 5$- 0 r� ITB 21-PW08 1 I Page .CAP,% E1i1�iP [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-PW08 Hopewell Road @ Bethany Bend/Bethany Way Intersection Improvement Project The Bidder has carefully examined and fully understands the Contract, Specifications, and other documents hereto attached, has made a personal examination of the Site of the proposed Work, has satisfied himself as to the actual conditions and requirements of the Work, and hereby proposes and agrees that if his bid is accepted, he will contract with the City of Milton in full conformance with the Contract Documents. Unless otherwise directed, all work performed shall be in accordance with the Georgia Department of Transportation Standard Specifications, Construction of Transportation Systems (current edition. It is the intent of this Bid to include all items of construction and all Work called for in the Specifications, or otherwise a part of the Contract Documents. In accordance with the foregoing, the undersigned proposes to furnish and construct the items listed in the attached Bid schedule for the unit prices stated. The Bidder agrees that the cost of any work performed, materials furnished, services provided or expenses incurred, which are not specifically delineated in the Contract Documents but which are incidental to the scope, intent, and completion of the Contract, shall be deemed to have been included in the prices bid. The Bidder further proposes and agrees hereby to promptly commence the Work with adequate forces within ten (10) calendar days from the Notice to Proceed, and to ITB 21-PW08 13 1 Page complete all Work as scheduled in Task Order(s) issued. If weather affects the required completion schedule, the City and selected Bidder will negotiate a new completion date. Attached hereto is an executed Bid Bond in the amount oft ILI(.- of • b5 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. 3 e}� Date viewed 3�t-S Bidder further declares that the full name and resident address of Bidder's Principal is as follows: Signed, sealed, and dated this 3QVk day of .µdKh ,207-0 Bidder Vencc-1 &w-P-jK1- . (Seal) Company Name Bidder Mailing Address:; Signature: Print Name: _F(k , u Title.: U . P. Trr.= & &r4z*ian ITB 21-PW08 14 1 Page MiLTQN* WAILISMI) MW ACKNOWLEDGEMENT RECEIPT OF ADDENDUM #1 ITB 21-PW08 . Upon receipt of documents, please email, fax or mail this page to: City of Milton Attn: Honor Motes, Purchasing Office 2006 Heritage Walk Milton, GA 30004 Phone: 678-242-2500 Fax: 678-242.2499 Email: honor.mates@cityofmlitongQ.us I hereby acknowledge receipt of documents pertaining to the above referenced ITB. COMPANY NAME: Vertical Ea lb, Inc CONTACT PERSON: Justin Thompson ADDRESS: 6025 Matt Hwy CITY: Cumming STATE: ZIP: 30028 PHONE: 770-888-2224 FAX: _ EMAIL ADDRESS: jthom son vertical-earth-com [y4-ve, - Tko-m� Signature ADDENDUM #1 3/24/2021 Date .:..-LT-oN.- 9S ABuSHO M ACKNOWLEDGEMENT RECEIPT OF ADDENDUM #2 1TB 21-PW08 Upon receipt of documents, please email, fax or mail this page to: City of Milton Attn: Honor Motes, Purchasing Office 2006 Heritage Walk Milton, GA 30004 Phone: 678-242-2500 Fax: 678-242-2499 Email: honor. motesfcltvofmiitonna.us I hereby acknowledge receipt of documents pertaining to the above referenced ITB. COMPANY NAME: Vertical Earth, Inc CONTACT PERSON: Justin Thompson ADDRESS: 6025 Matt Hwy CITY: Cumming STATE: GA PHONE: 770-888-2224 FAX: EMAIL ADDRESS: Signature ADDENDUM #2 ZIP: 30028 Jthompson@vertical-earth.com I T B 2 1 - P W 0 8 AddendL,m #2 3/30/2021 Date IIPage [BIDDERS MU$T RETURN THUE:-$000 �M dip, t NSq BID. BOND: CffY. of MILTON, GEORGIA BIDDER [Name and Address) Vertical Earth Incorporated, 6025 Matt I-lighw4y, Gurnrrun , GA 30028 SURETY, rNarne wvA Address of Principal Piece jill Business[: Westport Insurance Corporation. 1244 Main St. Ste. 800 Kansas City, MO 54105 OWNER (here lnatt.er referred to as the "City" (Name. and'Ai"ddros0- City of Mi1fon, GLIoryia ATTN: Purchasing Office 2006 Heritage Walk Milton;, Georgia 30004 M_ BID DUE DA T F: March 25, 2021 PROJECT (Brief Descript:oi� Including Location[: Bid #21-PVV08 Ho pewelI Road @ Bethany Beed/Bethany Way Intersection Improvement Project LQN- ❑ b0ND NUMBER: N/A DATE INof toter that Bid due nate:[: March 25,0"4 r=4 0"luauw•4 PENAL SUM; Five Portent 5°Io f the. Bid Ampunt S� �„d .r;M. IN WITNESS WHEREOF, Sureiy and Ridder, intending to be legally bound KeN4" the City, subject to the terms, printed below or ori the reverse side hereof, do e-ach cause this ?.id Bond J be rJuly executed on its behalf by its authorized officer, agent, or representative. BiDi3ER y'.%%114i0l1ll"""l Vertical Earth Inc orporalere �: � ►+i'�^ �� Westport insurance Corporation (Seal) Bidder's Nth m turety's Mame and Corporate Seo! = d �► t 0 Si We and Title; �r�," �� �( ``��ti Sicj-nature and Titllo, Gary Spuller Attorney-in-fact "' r�rrt�++►►� (Attwh Powor of Affarney.) p {, Attest. 4 5ignaiure and Tlf erftMq J1,6 • u -: Dana D. Rutledge, Witness SMSS RE CORPORATE;Ytli,.UnONS i�rowm AmmicAN spEaAuy wGR. ct- COWA14Y WASHINGTON ilii' nRNAT10NAL INSURANCES COMPANY WSSTPORT TN31-q.( VCE ODRPORA'1 ON G'FNERAIfOWER OF ATTORtO,'7' KNOW ALL, MRN BY TV F6B I'"=NT,",,, THAT c&Prta!#Fth.it� erlTedti� artd axigtirig itn irr lrri4t:. ot".tiY> $#afe of tgiw.l•iahip� i lid idwittlz.I } nimpial a Pia in lata City of C7i�ctl rid P ik stall is 2lih�rxiixl€atttti Il>etaau a +vompa s co don sAesd wvw.tgtti laws .0ftha:0W of Nj r ifiatq*hirc � ha.vittl{ its tmripfi �al1SCe in �4 01 . . Pttrk. lCatts situ} Cffaal7'brptitiori, �.ti 4te lams of lirahotes Sof >Yliasri, mid irtg ills O.ttral oQ$aa ht toe Ovcrlertd•Park, Kansas each does hereby-turakc..00mt tata-wW appoint, P -D. V ATM M PANHI YAMS. ALAN R. YAMS. NflCK&i't. t-•ANfa£t, WCRARL S: 5R3MNU. K1;VIN. YL t�TR�tI bQCftABL 1}AN184Nt4AAY:84�,t��st�ti� ,: BRIAN rc tttraRFS.ar.At m.w..: HARTLEY. ROBRRT N. RKYNOMS.-DANA ID. rtUI-61 0FLznd TINA MARV lorNmy lrNr 5 rVt Wj'y Nt trot and lawful AttoruGY0)-in•Faet, to Make, execute, xral and deliver, For arxl urs its behalf aril as its acl and deed, tkonds or other writings obligatcny iii Ific nurture of a bolxi on behalf ofeach of said Companies, as suety, on contracts of suretyship. as are mrtlt+y flit rt[lidsed rrr pernzittcd by law, regulation, ccunct or.o4scrwise, provided that no bond er Undartaktng Or contact or suielyship executed wtdet osis 80tbority shall exce0d the amount of ONE 11UNDRED TWMnTY FM 1vIII,LION ($125,000,000.00) DOLLA]IS This Power of Attomay is granted and is siKned by fscsuttile undet and by the usudi city of the following Resolutions adopted by the hoards of Directors of North Ana€ican Specialty InnnMe ConTany and Wasiurtgton Intematiortal Irmanoc Crunpany at meetrrtgst3dyl.c0edand hold on March 24, 2000 and Westport innimncz CAT"tation by written cmmhit cif its fixecutive Cemmiftee dated fitly Ix, 201 1. "RESOLVED, that any two of the President, any'senior Vice President, any Vice President, any Assistant Vice President, the Secretary or any Assistant Secretary be; and each or any of them hereby is authorized to execute a Power of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the Company f ands, undtxtakirngs and all contracts of surety., and that cath or any of them hereby is authorized to attest to the execution of any such Power of Atkirrtey and to attach theicin tite sea] of the Congwsy; and it is FURTHER RESOLVED, that the signature of such officers and.the seal of the Company may be affixed to any such.Power of Attomey or to any cartificute rcladrig tl=eto Iq fammil% and any such Power of Attorney stir certificate bearing 5ncii facsimile ggoatures or•fapsin0c seal shrill Ila tsirtding upon the C(Mpany whmi, so'afllxa aVd,jjn,ow fig= with nftrd io arty bond, utidei-Wring or c6tstrnet of stoety to whieh'it is attached." tN 1� �'SEAL : r� nest Coayooy 5 & 9mlor Pirf tnilAi� Gfrrlrii kSEAL gwkl�r tYYfi11!! sir 7�. i�r� 6:3ei4rYrmrrt�bbMlt�We�+nArurrnr.r�imaihri ➢k f s� rd . ie� sw pn vxr:RSwiMict.w Uft-wa xo rMrc+ y A.9eolar VicePneldesee drtn pKdgi mt,:� Ca�pry .. d;aerdarV1eeFMM0o dfW tl�t IN WITNESS WHEREOF, North American Specialty Insurance Company, Washington International Insurance Company and Westport Insurance Corporation have caused their official seals to be hereunto affixed, and these presents to be signed by their authorizedofficers this this 02 day of MAY .. � 20 18 North American Specialty Instrance Company Washington International Insurance Company State of Illinois Westport Insurance Corporation County of Cook ss: On this 02 day of MAY - , 2018, before me, a Notary Public personally appeared Steven. P. Anderson , Scruor Vice President of Wasovoo Inrorrtatiqul lnxtu we � rrirl Sorties Vice Presides oFNott?iAni+:ri4arr S�eCidlly q� t31t4i Sdtuor Vice l'raatdeti�.of Wcylprrt IttsrrilRtlte C'eniatali+ aitd��l 4 mor Vice Prasidant ti.f W hinytgn lrtlett >r = n'au1' Savior vice Pr d6lt of North American Specialty Insurance Company and Senior Vice President of Westport Insurance Corporation, personally known to me, who being by me duly sworn acknowledged that they signed the above Power of Attorney as officers of and acknowledged said utstriumnt to be the voluntary act and deed of their respective companies. , t dtntNr. Lf t - , . M. Kenny, Notary Public I, +'pffrey Gnidherg, , the duly elected Vice President and Assistant Secretary of North American Specialty insurance Company, Washington International Insurance Company and Westport lnatmn --1 Ccarpordion do Kmby certify that the above and foregoing is a true and correct copy of a Power of Attorney given by said North American Specialty Insurance Company, Washington International Insurance Company and Westport Insurance Corporation which is still in frill force and effect IN WITNESS WHEREOF, I have set my harm and affixed the seals of the Companies this 25th day of March 20 21 X. 00ik1e. vt.. i~M,tmcaa'U+i4-- Aw C"df Vft0moammomst Ww 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, return ITB 21-PW08 16 1 Page 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-PW08 171 Page [BIDDERS MUST RETURN THIS FORM WITH BID RESPONSE] QUALIFICATIONS SIGNATURE AND CERTIFICATION I certify that this offer is made without prior understanding, agreement, or connection with any corporation, firm, or person submitting a proposal for the some materials, supplies, equipment, or services and is in all respects fair and without collusion or fraud. I understand collusive bidding is a violation of State and Federal Law and can result in fines, prison sentences, and civil damage awards. I agree to abide by all conditions of the proposal and certify that I am authorized to sign this proposal for the proposer. I further certify that the provisions of the Official Code of Georgia Annotated, including but not limited to Title 32, Chapter 4, Article 4, Part 2 and Sections 45-10-20 et seq. have not been violated and will not be violated in any respect. __ Authorized Signature Dale, Print/Type Name.f / .$ R _ Print/Type Company Name Here1 ��- CORPORATE CERTIFICATE I _6r-&W'j0*WSSN certify that I am the Secretary of the Corporation named as Contractor in the foregoing bid; that !~W-14- 5 -*t5 _ who signed said bid in behalf of the Contractor, was then (title)_ M.P•Tr- �+ke 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 ear iR This 3ds day of t�c-�j 1120 Z- A INC 'o"" a rej 0- A:c s p = i AL �' w r ' i 1 C �. 44 • ITB 21-PW08 18 Page [BIDDERS MUST RETURN THIS -FORM WITH 811) RESPONSE] `LIST OF SUBCONTRACTORS do not , prepose te'subcont-ract some of the work on thli ,project. I propose te--Subcontrtaal-wwkto the fallowing subcontractors: Company Nome: 41f.;td AVIAnS a4f�r�-S -100,44&m Tr" h's Myt,— J_OL4 &Z?W T124'fe r; sir .4 JAS.;4. ITI 21 -PWO& 4 19 1 Flage [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: US 21 & eVerily Number Date of Authorization c• I Ewf t,, 7..0 Name of Contractor dopewetl Rp-gd-at'Se1rhany BencIffleffigny WQy intersection ImPfoied Name of Project CIN of Miton, G or. Ncime of Public Employer I hereby declare under penalty of perjury that the foregoing is true and correct. Executed onl r�,30 , 2ML in _(state). Signature of Au fficer or Agent f r ed Name and Title of Authorized Officer or Agent El[:c* 8t4LfS V. P. lcwx ` SUBSCRIBED ANI' SWORN EFORE ME ON THIS I H L .. nY OF AAAtrkk _.20WI. NOTARY PUBLIC1,��` r iNOTAPY f R ; My Com Ar(f - fr.Scou ���IJIIIiV1t�� ITB 21-PW08 20 1 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 Ver}' Cak • T*c . 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 N/Al 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: N10 re ITB 21-PW08 pi"" 21 1 Page REVISED BID SCHEDULE This replaces the Bid Schedule in the original bid BID SCHEDULE HOPEWELL ROAD 8 SEIHANY BEND/MHANY WAY INTERSECTION IMPROVEMENT PROJECT - UPDATED WITH ADDENDUM *1 PayI Description Unit l Quantify item 150-1000 $ TRAFFIC CONTROL - LS l 210-0100 $ 33.87 GRADING COMPLETE LS 1 310-1101 GR AGGR BASE CRS. TN 3832 INCL MATL 318-3000 AGGR SURF CRS TN 293 .RECYCLED ASPH 402-1812 CONC LEVELING, INCL TN 426 BITUM MATL & H LIME RECYCLED ASPH CONC 9.5 MM 402,3103 SUPERPAVE, TYPE II, GP TN 52 2 ONLY, INCL BITUM MATL 3. FI -LIME RECYCLED ASPH CONC 25 MM 4023121 SUPERPAVE, GP 1 OR TN 964 2. INCL BITUM MATL & H LIME RECYCLED ASPH CONC 12.5 MM 402-0130 SUPERPAVE, GP 2 TN 706 ONLY, INCL BITUM MATL & H LIME _ RECYCLED ASPH CONC 19 MM 402-3190 SUPERPAVE. GP 1 OR TN 482 2. INCL BITUM MATL & H LIME ITB2I-PWO8-Addendum 91 Unit Price TOTAL $ 71,145.00 $ 71,145.00 $ 541,478.84 $ 541,478.84 $ 33.87 $ $ $ $ 129,789.84 11,134.00 51,835.68 10,281.96 $ 38.00 $ 121.68 $ 197.73 $ 111.54 1 $ 107,524.56 $ 121.68 $ 85,906.08 $ 111.54 $ 53,762.28 7 1 P a g a 413-0750 TACK COAT GL 432-0206 MILL ASPH CONC SY 11,586.22 PVMT, 1 'A IN DEPTH 46,320.00 $ PLAIN PC CONC $ 43040200 PVMT, CL 1 CONC, 10 6Y $ INCH THK $ 441-0016 DRIVEWAY CONCRETE, SY $ 6 IN TK $ 441-0016 CONCRETE SIDEWALK. SY 4 IN 1,527.08 441-0301 CONC SPILLWAY, TP 1 EA 441-0754 CONCRETE MEDIAN, 7 SY $ 'h IN $ 441-4020 CONC VALLEY SY $ GUTTER, 6 IN $ 441-5008 CONCRETE HEADER LF CURB, 8 IN, TP 7 $ 441-5008 CONCRETE HEADER LF CURB, 6 IN, TP 7 CONC CURB & 441-6216 GUTTER, 8 IN X 24 IN, TP LF 2 PVMT REINF FABRIC 446-1100 STRIPS, TP 2,18 IN LF WIDTH 500-3201 CLASS B CONCRETE, CY RETAINING WALL 500-9999 CLASS B CONC, BASE CY OR PVMT WIDENING 607-3000 STONE FACING SF 608-1000 BRICK MASONRY CY 608-3000 BRICK PIER EA 608 3000 BRICK MAILBOX (SEE EA PARCEL 5 PROVISIONS 620.0100TEMP BARRIER LF CHANGEABLE 632-0003 MESSAGE SIGN, EA PORTABLE. TYPE 3 TEMPORARY HELD LF 643-0050 FENCE 434 $ - 4.06 4155 $ 2.79 386 913 160 2 386 339 402 1939 O�Pn V-1/7 59 m1• 1 358 4 885 $ $ $ 120.00 26.50 34.50 1,800.00 32.80 28.12 10.83 10.99 17.31 3.04 751.67 169.50 19.77 604.76 1,827.00 1,700.13 38.00 6,000.00 8.11 SB: 1,762.04 $ 1,760.30 11,592.45 SB: $ 11,586.22 $ 46,320.00 $ 24,194.50 $ 5,520.00 $ 3,600.00 $ 12,660.80 $ 9,532.68 $ 4,353.66 $ 21,309.61 $ 38,445.51 �k. 1,526.08 $ 1,527.08 $ 44,348.53 $ 4,237.50 $ �. 49,432.50 $ SB: 12, 195.2 2,085.15 $ 3,654.00 $ 1,700.13 $ 13,604.00 $ 24,000.00 SB: 7,17 7.35 $ 7,179.12 81Puge ITB21-PW08-Addendum �I 91Pagu ITB21-PW 08- Add cndam 0I TEMPORARY CH LK SB: 5.476-00 643-1152 FENCE, 6', W/ BLACK LF 400 $ 13.69 $ 5,475.60 PRIVACY SCREEN 6438400 'BARRIER FENCE LF $ 3.50 $ 1,137.50 ORA . 4 FT 643-8210 FOUR BOARb LF 1045 $ 15.21 $ 15,894.45 WOODEN FENCE FOUR BOARD SB: 16, 101 -50 6/34210 WOODEN FENCE WITH LF 902 $ 18.25 $ 16,463.30 WOVEN WIRE - -------S7,9-,031.20 6438210 THREE BOARD LF 636 $ 14.20 $ 9,028.66 WOODEN FENCE FOUR BOARD FELE 643-8210 (SATE (8 FT WIDE) SEE FA 2 $ 496.86 $ 993.72 PARCEL 5 PROVISIONS 682-6218 CONDUIT NONMETAL, I LF 100 $ 12.00 $ 1,200.00 TP 2, /. IN 150-1000 TRAFFIC CONTROL LS 1$ 5,500.00 =$5,500.00 Asphalt Concrete 402-1802 Patching including TN 800 $ 162.24 $ 129,792.00 Bituminous Material & H Lime 3 in. 1.9mm Recycled Asphalt< Concrete 9.5 MM 402-3103 Superpave GP 2 Only TN 1300 $ 111.54 $ 145,002.00 Including Bituminous Material and H -Lime 1.5 In. SB: 25,284.00 432-5010 M#I Asphalt Conc SY 8600 $ 2.94 $ 25,289.16 Pvmt, Variable Depth 441-6012 Curb b Gutter Type 2 LF 200 $ 17.31 $ 3,462.00 Thermoplastic Solid SB: 111.60 6531704 Traffic Stripe, 24 IN LF 20 $ 5.58 $ 111.54 White ism 91Pagu ITB21-PW 08- Add cndam 0I 101Pagv ITB21-P%'08-Add cndum 41 500 CLASS A CONCRETE CY 1 $ 250.00 $ 250.00 550-1180 STORM DRAIN PIPE, 18 LF 1042 $ 40,50 S 42,201.00 IN, H 1-10 DRAIN PIPE, 24 5R; 12.598.1� 550-1240 STORM LF 224 $ 56.02 $ 12,549.26 IN, H 1-10 550-4218 FLARED END SECTION EA 6 $ 1,216.80 $ 7,300.80 18 IN, STORM DRAIN 550-4224 FLARED END SECTION EA 1 $ 1,318.20 $ 1,318.20 24 IN, STORM DRAIN - SB: 1,805.00 603-1012 STN PLAIN RIP RAP, 12 SY 50 $ 36.10 $ 1,804.92 SB: 3,939.65 603-2181 STN DUMPED RIP RAP, SY 95 $ 41.47 $ 3,939.90 TP 3,18 IN 603-7000 PLASTIC FILTER FABRIC SY 50 $ 5.07 $ 253.50 611-3000 RECONSTR CATCH EA 1 $ 3,809.60 $ 3,809.60 BASIN, GROUP 1 61143050 ADJUST MANHOLE TO EA 1 $ 895.36 $ 895.36 GRADE 668-1100 CATCH BASIN, GP 1 EA 7 $ 3,809.60 $ 26,667.19 668-1110 CATCH BASIN, GP 1, LF 4 $ 334.62 $ 1,338.48 ADDL DEPTH 668-2100 DROP INLET, GP 1 EA 8 $ 2,681.02 $ 21,448.13 668-2105 DROP INLET, GP 1, EA 3 $ 2,456.92 $ 7,370.77 SPCL DES 66&21 15 DROP INLET, GP 1, LF 1 $ 244.37 $ 244.37 SPCL DES, ADDL DEPTH 668-4300 STORM SEWER EA 4 $ 2,336.26 $ 9,345.02 MANHOLE, TP 1 STORM SEWER SB: 1,879.98 668-4300 MANHOLE, TP 1, ADDL EA 6 $ 313.33 $ 1,879.96 rt DEPTH. CL 1 - - 150 $ 7.69 $ 1,152.92 682-6108 CONDUIT, RIGID, 3/, IN LF 101Pagv ITB21-P%'08-Add cndum 41 500-3101 CLASS A CONCRETE CY 3 $ 314.34 $ 943.02 6000001 FLOWABLE FILL CY 10 S - 230.18 $ : Z 301.80 `1,301.78 $ 1,622.40 611-8120 ADJUST WATER METER EA 2 $ 811.20 BOX TO GRADE _ 611-8140 ADJUST WATER VALVE EA 2 $ 507.00 $ 1,014.00 BOX TO GRADE I 670-10®0 WATER MAIN, 81N, DIP LF 1020 $ 92.27 $ 94,119.48 6701240 WATER MAIN, 241N, LF 1154 $ 131.82 $ 152,120.28 DIP 51 670-1500 CAP OR REMOVE EA 3 $ 1,622.40 $ 4,867.20 EXISTING WATER MAIN 670-2500 INSERTION VALVE 18-12 EA 3 $ 20,280.00 $ 60,840.00 6702060 GATE VALVE, 6 IN EA 3 $ 1,774.50 $ $ 5,323.50 16,061.76 6702080 GATE VALVE, 8 IN EA 3 $ 5,353.92 6702002 VALVE MARKER EA 3 $ 51.21 $ 153.62 669-3087 TAPPING SLEEVE & EA 3 S 7,250.10 $ 21,750.30 VALVE ASSEMBLY $ 7,250.10 6703108 TAPPING SLEEVE & EA 1 $ 7,250.10 VALVE ASSEMBLY $ 10,342.80 6704000 FIRE HYDRANT EA 2 $ 5,171.40 669-5620 WATER SERVICE LINE, LF 100 $ 14.20 $ 1,420.00 1,419.60 3/4 IN $ 1,521.00 SERVICE LINE, 1 LF 60 $ 25.35 6705010 IN $ 2,920.32 SERVICE UNE, 2 LF 40 $ 73.01 6705020 IN $ 44,109.00 615-1000 12" STEEL CASING LF 174 $ 253.50 JACK OR BORE 6707000 STEEL CASING LF 174 $ 91.26 $ 15,879.24 6709710 RELOCATE EXISTING EA 1 $ 3,549.00 $ 3,549.00 FIRE HYDRANT RELOCATE EXISTING 670-9720' WATER VALVE, INC EA 1 $ 2,129.40 $ 2,129.40 BOX RELOCATE EXISTING 670-9730 WATER METER, INC EA 5 $ 1,216.80 $ 6,084.00 BOX III Page ITB2I-PWO8- Addend um M1 670-9920 REMOVE EXISTING FIRE EA 2 HYDRANT EMS MARKING TAPE LF 2174 HIGHWAY SIGNS. TP 1 SB: 511.20 511.06 $ 636-1033 MAIL, REEL SHEETING, SF 48 TP 9 507.00 $ 608.40 $ HIGHWAY SIGNS, TP 1 636-1036 MATL, REFL SHEETING, SF 100 TP 11 $ SIT: 1,894.48 1,886.70 636-2070 GALV STEEL POSTS, TP LF 308 7 _ THERMOPLASTIC PVMT 653-0110 MARKING, ARROW, TP i EA 5 IIA - RSH HOOK _ THERMOPLASTIC PVMT 653-0120 MARKING, ARROW, TP EA 6 2 _ T_ THERMOPLASTIC PVMT 653-0122 MARKING, ARROW, TP EA 2 2A - FISH HOOK _ _ --L- THERMOPLASTIC PVMT 653-0296 MARKING, WORD, TP EA 4 15 _ THERMOPLASTIC SOLID 653-1501 TRAF STRIPE, 5 IN, LF 836 WHITE THERMOPLASTIC SOLID 653-1502 TRAF STRIPE, 5 IN, LF 3383 YELLOW THERMOPLASTIC SOLID 65&1704 TRAF STRIPE, 24 IN, LF 32 WHITE THERMOPLASTIC SOLID I 6531804 TRAF STRIPE, 8 IN, LF 179 -WUUE THERMOPLASTIC SKIP 653-3501 TRAF STRIPE, 5 IN, GLF 423 WHITE THERMOPLASTIC SKIP 653-3502 TRAF STRIPE, 5 IN, GLF 422 YELLOW THERMOPLASTIC SKIP 6534830 TRAF STRIPE, 18 IN, GLF 248 WHITE 5Y 145 THERMOPLASTIC TRAF 6536006 STRIPING, YELLOW SY 179 6536008 THERMOPLASTIC TRAF STRIPING, WHITE ITB21-PWO9- Addend um 0l $ 2,230.80 4.06 10.65 11.37 8.39 101.40 101.40 177.45 228.15 0.66 0.56 5.07 2.38 0.56 0.56 3.80 4.72 4.72 $ 4,461.60 8,826.44 8,817.74 $ SB: 511.20 511.06 $ SB: 1,13 7.00 1,136.69 $ Sli: 584.12 2,582.82 $ 507.00 $ 608.40 $ 354.90 $ 912.60 $ SB: 511.76 551.01 $ SIT: 1,894.48 1,886.70 $ 162.24 $ SB: 426.02 426.54 $ SB: 236.88 235.91 $ Sti; 236.32 235.35 $ SB: 942.40 943.02 SR: 684.40 $ 683.69 $ 844.00 121Pagc 654-1001 RAISED PVMT MARKERS EA 130 $ 5.07 $ 659.10 TP I 163-0232 TEMPORARY AC 2 $ 684.45 $ 1,368.90 GRASSING .42 163-0240 MULCH TN 61 $ 197.22 $ 12,030.60 163-0300 CONSTRUCTION EXIT EA 1 $ 1,500.00 $ 1,500.00 CONSTRUCT AND REMOVE RIP RAP 163.0527 CHECK DAMS, STONE EA 11 $ 557.70 $ 6,134.70 PLAIN RIP RAP/SAND BAGS _ 163-0531 CONSTR & REMOVELS 1 $ 12,525.74 $ 12,525.74 SEDIMENT BASIN, TP 1 CONSTRUCT AND I 163-0542 REMOVE STONE FILTER EA 4 $ 659.10 $ 2,636.40 RING -- CONSTRUCT AND 163-0550 REMOVE INLET EA 24 $ 278.85 $ 6,692.40 SEDIMENT TRAP MAINTENANCE OF gin: 4,iuy.uo 165-0010 TEMPORARY SILT LF 4871 $ 0.86 $ 4,198.31 FENCE TP A _ 1654)060 MAINT TEMP SEDIMENT EA 1 $ 7,500,00 $ 7,500.00 BASIN 165-0101 NSAINT OF EA 1 $ 850.00 $ 850.00 ; CONSTRUCTION EXIT 165-0105 MAINT OF INLET EA 24 $ 121.68 $ 2,920.32 SEDIMENT TRAP 1 165-0111 MAINT STONE FILTER EA 4 $ 295.00 $ 1,180.00 RING WATER QUALITY 167-1000 MONITORING AND EA 6 $ 202.80 $ 1,216.80 SAMPLING 167-1500 WATER QUALITY MO 12 $ 557.70 $ 6,692.40 INSPECTIONS �T. l T180.30f 1 171-0010 TEMP SILT FENCE, TP A LF 4871 $ 2.09 $ 10,174.74 169-0005 DRY DETENTION BASIN EA 1 $ 12,135.92 $ 12,135.92 700-6910 PERMANENT AC 3 $ 1,313.13 $ 3,939.39 GRASSING 131Pagc ITB21-PW08-Addendum #I 700-7000 AGRICULTURAL LIME TN 10 700.8000 FERTILIZER MIXED TN 2 32 252.49 GRADE $ 9,268.21 700-8100 FERTILIIER NITROGEN LB 166 $ CONTENT SOD SY 1741 700-9300 716-2000 EROSION CONTROL SY 631 $ MATS, SLOPES OUTLET CONTROL LS 1 5,025.54 STRUCTURE SB: 8,883.70 $ 48.02 $ 8,884.26 NELLIE R. STEVENS 702-0474 HOLLY / ILEX X 'NELLIE EA 10 R. VN'6'14T JAYBIRD GEORGIA OAK/ QUERCUS EA 3 GEORGIANA 'JAYBIRD' 4" CAL, 1 NUTTALL OAK / 702-0897 QUERCUS NUTTALLII, 4" EA 4 BOTTLEBRUSH BUCKEYE 702-0043 / AESCULUS EA 42 PARVIFLORA. 7 GAL _ CINNAMON GIRL DISTYLIUM / DISTYLIUM EA 118 'CINNAMON GIRL' 'PIIDIST-V'. 3 GAL _ DWARF FOTHERGILLA / 702-0723 FOTHERGILLA EA 95 GARDENII 'MT. AIRY', 3 GAL LIMELIGHT HYDRANGEA / 702-0341 HYDRANGEA EA 185 PANICULATA 3 GAL �UMELIGHT'. SMALL -LEAF ARROWWOOD / 702-1095 VIBURNUM, EA 96 OBOVATUM 'MRS. SHILLER DELIGHT', 3 GAL SPLIT BEARD BLUESTEM / ANDOPOGON EA 67 TERNARIUS 'BLACK I.--1i&-1, 1 r AI ITB 2 1 -P W 0'4-Addcn(Ium 4 1 $ 532.35 $ 5,323.50 $ 932.88 $ 1,865.76 $ 1.52 $ 32 252.49 $ 5.32 $ 9,268.21 $ 1.12 $ 703.82 $ 7,704.37 $ 7,704.37 SB: 4,966.08 $ 51.73 $ 4,966.49 SB: 1,630.78 $ 24.34 $ 1,630.51 141Paga SB: 5,196.80 $ 519.68 $ 5,196.75 SB: 2,485.32 $ 828.44 $ 2,485.31 SB: 3,295.52 $ 823.88 $ 3,295.50 SB: 4,305.84 $ 102.52 $ 4,305.65 SB: 6,311.82 $ 53.49 $ 6,311.64 SB: 5,025.50 $ 52.90 $ 5,025.54 SB: 8,883.70 $ 48.02 $ 8,884.26 SB: 4,966.08 $ 51.73 $ 4,966.49 SB: 1,630.78 $ 24.34 $ 1,630.51 141Paga CAPE BREEZE SWITCH GRADING COMPLETE SB: 764.46 702-0719 GRASS / PANICUM EA 18 $ 42.47 $ 764.39 VIRGATUM 'CAPE CONTROL FOR BREEZE' i GAL DRAINAGE WORK STANDING OVATION CLASS A CONCRETE, 500-3800 INCL REINF STEEL CY 6 $ 2,247.58 LITTLE BLUESTEM GRASS, 13,485.48 (HEADWALLS SB: 6,016.43 702-1040 / SCHIZACHYRIUM EA 427 $ 14.09 $ 6,018.39 SCOPARIUM 7,194.57 IN, H 1-10 _ f STORM DRAIN PIPE, 36 LF 315 $ 100.17 ,'STANDING OVATION', 550-1360 $ 31,553.87 IN, H 1-10 MEDIAN DROP INLET 'I GAL $ 2,641.07 $ 2,641.07 668-2100 11,9 1 zi.1 111 700 BERMUDA GRASS / Sr. 20200 $ 0.59 $ _ 11,880.02 CYNODON DACTYLON 702-9025 LANDSCAPE MULCH SY 4500 $ 4.31 $ 19,392.73 708-1000 PLANT TOPSOIL CY 1500 $ 30.42 $ 45,630.00 MISC RELOCATE SIGN FOR LS 1 $ 750.00 $ 750.00 PAMELOT FARMS SUB TOTAL BID ESTIMATE $ 2,635,232.99 MISCELLANEOUS CONSTRUCTION i $200,000 TOTAL HOPEWELL AT BETHANY $ 2,835,232.99 SEND/WAY PROJECT -- SUPPLEMENTAL PRICE ITEMS IDENT1 ED IN ADDENDUM (312 RGUln IN ADDENDUM Pl FOR DETAILS OF WORK) 441-0016 PARCEL 3 DRIVEWAY LS 1 $ 2,056.83 $ 2,056.83 MODIFICAITON FIG 31 441-0016 PARCEL 6 DRIVEWAY 11_ LS 1 $ 3,951.25 $ 3,951.25 MODIFICATION FIG 4 7441-0016 PARCEL 6 COMBO LS 1 $ 1,371.22 $ 1,371.22 DRIVEWAY IFIL 51 SUPPLEMENTAL PRICING VALL NOT BE INCLUDED IN TOTAL BID PRICE t~3IP+►8•v I r B 2 1 •PW08-Addcndum 4I GRADING COMPLETE 210-1000 INCLUDING EROSION LS 1 $ 5,995.00 $ 5,995.00 CONTROL FOR DRAINAGE WORK CLASS A CONCRETE, 500-3800 INCL REINF STEEL CY 6 $ 2,247.58 $ 13,485.48 (HEADWALLS 550-1240 STORM DRAIN PIPE, 24 LF 124 $ 58.02 $ 7,194.57 IN, H 1-10 _ f STORM DRAIN PIPE, 36 LF 315 $ 100.17 550-1360 $ 31,553.87 IN, H 1-10 MEDIAN DROP INLET EA 1 $ 2,641.07 $ 2,641.07 668-2100 SUPPLEMENTAL PRICING VALL NOT BE INCLUDED IN TOTAL BID PRICE t~3IP+►8•v I r B 2 1 •PW08-Addcndum 4I [BIDDERS MUST RETURN THIS FORM WITH BID RESPONSE) Bid Submittal Form - Hopewell Road @ Bethany Bend/Bethany Way Intersection Improvement Project (Total 10 Pages) Hopewell Road @ Bethany Bend/Bethany Way Intersection Improvement Project: Total Price: $ _ 2 , X35 , 23z . R9 "Correct bid total: $2,835,275.18 Print Bid Price tKm4nod Th;rN - Five Tr4mio.a d Yu-- tiv-ArQd-thl* a31A i.iiweb� '];_ ee--ft "Correct: Two Million, Fig il. Hundred Thirh= five• Thousand, Two Hundred Seventy-five dollars and Eighteen 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 V" C.l ADDRESS AUTHORIZE[ PRINT / TYPE NAMEQ TITLE V•-�ca..s�f��ion ITB 21-PW08 46 1 Page "EXHIBIT C" See Exhibit `A"" "EXHIBIT D.1" PERFORMANCE BOND CITY OF MILTON, GEORGIA Bond No. 2316422 KNOW ALL MEN BY THESE PRESENTS THAT Vertical Earth, Inc. (as CONTRACTOR, hereinafter referred to as the "Principal"), and Westport Insurance Corporation (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 Two Million, Eight Hundred Thirty-five Thousand, Two Hundred Seventy-five Dollars and Eighteen Cents Dollars ($2,835,275.18), 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 Hopewell Road at Bethany Bend/Bethany Way Intersection Improvement Project (hereinafter referred to as "the Project"), which agreement is incorporated herein by reference in its entirety (hereinafter referred to as the "Contract"). NOW THEREFORE, the conditions of this obligation are as follows: 1. That if the Principal shall fully and completely perform each and all of the terms, provisions and requirements of the Contract, including and during the period of any warranties or guarantees required thereunder, and all modifications, amendments, changes, deletions, additions, and alterations thereto that may hereafter be made, and if the Principal and the Contractor's Surety shall indemnify and hold harmless the City from any and all losses, liability and damages, claims, judgments, liens, costs and fees of every description, including but not limited to, any damages for delay, which the City may incur, sustain or suffer by reason of the failure or default on the part of the Principal in the 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. Attest: Date:' a" e CONTRACTOR ("Principal'): Vertical Earth, Inc. By: (signature) EUfol# 8acft (print) Title: V, p rr�..s�e ,,11111111,f, (SE` !��P0 �•�r Date: (signature) F� :�: �� 0, Uj" (print) �w°'• ti SFr •... • � ti CONTRACTOR'S SURETY: Westport Insurance Corporation By: e Gary Spuller (print) Title: Attorney-in-fact (SEAL) Attest: Date: I L,[.i tura) Dana D. Rutledge(print) Title: Witness Date: (ATTACH SURETY'S POWER OF ATTORNEY) SWISS RE CORPORATE SOLUTIONS NORTH AMERICAN SPECIALTY INSURANCE COMPANY WASHINGTON INTERNATIONAL INSURANCE COMPANY WESTPORT INSURANCE CORPORATION GENERAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, THAT North American Specialty Insurance Company, a corporation duly organized and existing under laws of the State of New Hampshire, and having its principal office in the City of Overland Park, Kansas and Washington International Insurance Company a corporation organized and existing under the laws of the State of New Hampshire and having its principal office in the City of Overland Park, Kansas, and Westport Insurance Corporation, organized under the laws of the State of Missouri, and having its principal office in the City of Overland Park, Kansas each does hereby make, constitute and appoint: P.D. YATES III, DANIEL YATES, ALAN R. YATES, MICHAEL L. ANGEL, MICHAEL S. BRICKNER, KEVIN M. NEIDERT, MICHAEL DAW SON, GARY SPULLER, BETSY J. HOLMES, BRIAN K. HUGHES, MARIE M. HARTLEY, ROBERT N. REYNOLDS, DANA D. RUTLEDGE, and TINA MARSH JOINTLY AND SEVERALLY Its true and lawful Attomey(s)-in-Fact, to make, execute, seal and deliver, for and on its behalf and as its act and deed, bonds or other writings obligatory in the nature of a bond on behalf of each of said Companies, as surety, on contracts of suretyship as are or may be required or permitted by law, regulation, contract or otherwise, provided that no bond or undertaking or contract or suretyship executed under this authority shall exceed the amount of: ONE HUNDRED TWENTY FIVE MILLION ($125,000,000.00) DOLLARS This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of Directors of North American Specialty Insurance Company and Washington International Insurance Company at meetings duly called and held on March 24, 2000 and Westport Insurance Corporation by written consent of its Executive Committee dated July 18, 2011. "RESOLVED, that any two of the President, any Senior Vice President, any Vice President, any Assistant Vice President, the Secretary or any Assistant Secretary be, and each or any of them hereby is authorized to execute a Power of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the Company bonds, undertakings and all contracts of surety, and that each or any of them hereby is authorized to attest to the execution of any such Power of Attorney and to attach therein the seal of the Company; and it is FURTHER RESOLVED, that the signature of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be binding upon the Company when so affixed and in the future with regard to any bond, undertaking or contract of surety to which it is attached." y„uiu NA ��N^t �+r7gF� By ', SScrcn - ersan.,en nr rec reu rn n as ngtem nternat tine nuance Company s. i SEAL & Senior Vice President of North American Specialty Insurance Company & Senior Vice President orwestport Insurance Corporation lly- •7�• „ Mike A, Ito, Sraiar Vice President of Washington Interna l lonnl Insurance C6rnpmy & Senior Vice President of North American Specially S„uirance Company & Senior Vice President of Westporz Insurance Corporation IN WITNESS WHEREOF, North American Specialty Insurance Company, Washington International Insurance Company and Westport Insurance Corporation have caused their official seals to be hereunto affixed, and these presents to be signed by their authorized officers this this 02 day of MAY .20 18 North American Specialty Insurance Company Washington International Insurance Company State of Illinois Westport Insurance Corporation County of Cook ss: On this 02 day of MAY , 20 18, before me, a Notary Public personally appeared Steven P. Anderson , Senior Vice President of Washington Intcrnalional Insurance Company and Senior Vice President of North American Specially Insurance Company and Senior Vice President of Westport lns.urancc Corporation and Michael A. Ito Senior Vice President of Washingtmi International Insurance Company and Senior Vice President of North American Specialty Insurance Company and Senior Vice President of Westport Insurance Corporation, personally known to me, who being by me duly sworn, acknowledged that they signed the above Power of Attorney as officers of and acknowledged said instrument to be the vnlnntnry not nnri riper] of their rpsnentive cmmnanies_ ❑FFIC L SEAL M. KENNY Notary public • Sule of Ilkliaris My c°, nim;'I�''” M. Kenny, Notary Public I, Jeffrey Goldberg , the duly elected Vice President and Assistant Secretary of North American Specialty Insurance Company, Washington International Insurance Company and Westport Insurance Corporation do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney given by said North American Specialty Insurance Company, Washington International Insurance Company and Westport Insurance Corporation which is still in full force and effect. IN WITNESS WHEREOF, I have set my hand and affixed the seals of the Companies this day of .20. Jeffrey Goldberg, Vice President & Assistant Secretary of Washington hllanfa}ional Insurance Company & North American Specialty htuunnce Company & Vice President & AssioW.SCGroiary of Westport Insurance Corporation "EXHIBIT D.2" PAYMENT BOND Bond No. 2316422 CITY OF MILTON, GEORGIA KNOW ALL MEN BY THESE PRESENTS THAT Vertical Earth, Inc. (as CONTRACTOR, hereinafter referred to as the "Principal"), and Westport Insurance Corporation (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 Two Million, Eight Hundred Thirty-five Thousand, Two Hundred Seventy-five Dollars and Eighteen Cents ($2,835,275.18), 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 Hopewell Road at Bethany Bend/Bethany Way Intersection Improvement Project (hereinafter referred to as "the Project"), which agreement is incorporated herein by reference in its entirety (hereinafter referred to as the "Contract"). NOW THEREFORE, the condition of this obligation is such that if the Principal shall promptly make payment to any Claimant, as hereinafter defined, for all labor, services, and materials used or reasonably required for use in the performance of the Contract, then this obligation shall be void; otherwise to remain in full force and effect. A "Claimant" shall be defined herein as any subcontractor, person, party, partnership, corporation, or other entity furnishing labor, services, or materials used or reasonably required for use in the performance of the Contract, without regard to whether such labor, services, or materials were sold, leased, or rented, and without regard to whether such Claimant is or is not in privity of the Contract with the Principal or any subcontractor performing work on the Project. In the event of any claim made by the Claimant against the City, or the filing of a lien against the property of the City affected by the Contract, the Contractor's Surety shall either settle or resolve the Claim and shall remove any such lien by bond or otherwise as provided in the Contract. The parties further expressly agree that any action on this Bond may be brought within the time allowed by Georgia law for suit on contracts under seal. IN WITNESS WHEREOF, the Principal and Contractor's Surety have hereunto mixed their corporate seals and caused this obligation to be signed by their duly authorized officers, as set forth below. [SIGNATURES ON FOLLOWING PAGE] Title: Date- C\ f CONTRACTOR: Vertical Earth, Inc. By: (signature) EQ�6K- gm�As (printed 1 1111111 Title: V. F. Tra4%s po-tb iw, � ...... J'>' Date: r; (signature) r''1111j 1111tO (printed) Attest: , ' r- r F L (signature) Dana D. Rutle ge (printed) Title Witness Date: CONTRACTOR'S SURETY: Westport Insurance Cporati L*- Gary S (printed) Title: Attorney-in-fact Date: (ATTACH SURETY'S POWER OF ATTORNEY) (SEAL) } SWISS RE CORPORATE SOLUTIONS NORTH AMERICAN SPECIALTY INSURANCE COMPANY WASHINGTON INTERNATIONAL INSURANCE COMPANY WESTPORT INSURANCE CORPORATION GENERAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, THAT North American Specialty Insurance Company, a corporation duly organized and existing under laws of the State of New Hampshire, and having its principal office in the City of Overland Park, Kansas and Washington International Insurance Company a corporation organized and existing under the laws of the State of New Hampshire and having its principal office in the City of Overland Park, Kansas, and Westport Insurance Corporation, organized under the laws of the State of Missouri, and having its principal office in the City of Overland Park, Kansas each does hereby make, constitute and appoint: P.D. YATES III, DANIEL YATES, ALAN R. YATES, MICHAEL L. ANGEL, MICHAEL S. BRICKNER, KEVIN M. NEIDERT, MICHAEL DAWSON, GARY SPULLER, BETSY J. HOLMES, BRIAN K. HUGHES, MARIE M. HARTLEY, ROBERT N. REYNOLDS, DANA D. RUTLEDGE, and TINA MARSH JOINTLY AND SEVERALLY Its true and lawful Attorney(s)-in-Fact, to make, execute, seal and deliver, for and on its behalf and as its act and deed, bonds or other writings obligatory in the nature of a bond on behalf of each of said Companies, as surety, on contracts of suretyship as are or may be required or permitted by law, regulation, contract or otherwise, provided that no bond or undertaking or contract or suretyship executed under this authority shall exceed the amount of ONE HUNDRED TWENTY FIVE MILLION ($125,000,000.00) DOLLARS This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of Directors of North American Specialty Insurance Company and Washington International Insurance Company at meetings duly called and held on March 24, 2000 and Westport Insurance Corporation by written consent of its Executive Committee dated July 18, 2011. "RESOLVED, that any two of the President, any Senior Vice President, any Vice President, any Assistant Vice President, the Secretary or any Assistant Secretary be, and each or any of them hereby is authorized to execute a Power of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the Company bonds, undertakings and all contracts of surety, and that each or any of them hereby is authorized to attest to the execution of any such Power of Attorney and to attach therein the seal of the Company; and it is FURTHER RESOLVED, that the signature of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be binding upon the Company when so affixed and in the future with regard to any bond, undertaking or contract of surety to which it is attached." Wllkakr 1019NAi Po�id� BY r'i '{ SEAL g SIerel5 n rsu, u rer er rn. or n< rut o aF ¢gto¢ ntnlnnna nteo surnCompany eA �} I &Senior Vice President of North American Specialty Insurance Company { i & Senior Vice President of Westport Insurance Corporation ~ ........... B Mike A. Ito, Senior Vice President of Washington International Insurance Company & Senior Vice President of North American Specialty lar.mance Company & Senior Vice President of Westport Insurance Carpuradmi IN WITNESS WHEREOF, North American Specialty Insurance Company, Washington International Insurance Company and Westport Insurance Corporation have caused their official seals to be hereunto affixed, and these presents to be signed by their authorized officers this this 02 day of MAY .20 18 , North American Specialty Insurance Company Washington International Insurance Company State of Illinois Westport Insurance Corporation County of Cook ss: On this 02 day of MAY 2018 before me, a Notary Public personally appeared Steven P. Anderson , Senior Vice President of Washington International Insurance Company and Senior Vice President of North American Specialty Insuranve Company and Senior Vice President of Westport Insurance Corporation and Michael A. It Senior Vice President of Washington Internutional .instirwee Company and Senior Vice President of North American Specialty Insurance Company and Senior Vice President of Westport Insurance Corporation, personally known to me, who being by me duly sworn, acknowledged that they signed the above Power of Attorney as officers of and acknowledged said instrument to be the vnlnnt�ry art anr9 rl—d of their rPcnPntivP emmnaniac I, ]cNrzy Goldberg , the duly elected Vice President and Assistant Secretary of North American Specialty Insurance Company, Washington International Insurance Company and Westport Insurance Corporation do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney given by said North American Specialty Insurance Company, Washington International Insurance Company and Westport Insurance Corporation which is still in full force and effect. IN WITNESS WHEREOF, I have set my hand and affixed the seals of the Companies this day of , 20 Jeffrey Goldberg, Vice Irncaldent & Assistant Secretary of Washington Mkmalional Insurance Company & North American Specialty huurn c Company & Vice President & Assistm%SeerMty of Westport Insurance Corporation M.KEkIiY[I1Pahl[c-SSMlI'PIilalli,i't ENoLa M. Kenny, Notary Public s or 0n'I'`"Y I, ]cNrzy Goldberg , the duly elected Vice President and Assistant Secretary of North American Specialty Insurance Company, Washington International Insurance Company and Westport Insurance Corporation do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney given by said North American Specialty Insurance Company, Washington International Insurance Company and Westport Insurance Corporation which is still in full force and effect. IN WITNESS WHEREOF, I have set my hand and affixed the seals of the Companies this day of , 20 Jeffrey Goldberg, Vice Irncaldent & Assistant Secretary of Washington Mkmalional Insurance Company & North American Specialty huurn c Company & Vice President & Assistm%SeerMty of Westport Insurance Corporation "EXHIBIT D.3" MAINTENANCE BOND CITY OF MILTON, GEORGIA KNOW ALL MEN BY THESE PRESENTS THAT Vertical Earth, Inc. (as CONTRACTOR, hereinafter referred to as the "Principal"), and (as SURETY COMPANY, hereinafter referred to as the "Contractor's Surety"), are held and firmly bound unto the City of Milton, Georgia (as OWNER, hereinafter referred to as the "City"), for the use and benefit of the City for maintenance of improvements as described below in the sum of (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 Hopewell Road at Bethany Bend/Bethany Way Intersection Improvement Project (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"): Vertical Earth, Inc. By: (signature) (print) Title: (SEAL) Attest: Date: Title: Date: Attest: Title: Date: (signature) (print) CONTRACTOR'S SURETY: By: Title: Date: (signature) (print) (ATTACH SURETY'S POWER OF ATTORNEY) (signature) (print) (SEAL) "EXHIBIT E" NONCOLLUSION AFFIDAVIT OF PRIME BIDDER STATE OF CTA COUNTY OF rtxs E[ltbf4- San's , being first duly sworn, deposes and says that: (1) He is _yP'rrnvaecn� (Owner, Partner ff"icer, epresentative, or Agent) of Vertical Earth, Inc. (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). 7�) Si ature -of Officer or Agent v. P Tr-.;-,. , etIiem %-*S Printed Name and Title of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE M ON THIS THE DAY OF Nolaf 1'}blj1 >,' My C', >Ly n�xpire rriiti "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 T or any of its subcontractors in connection with the construction of for City of Milton, Georgia have been paid and satisfied in full as of , 20 , and that there are no outstanding obligations or claims of any kind for the payment of which City of Milton, Georgia on the above named project might be liable, or subject to, in any lawful proceeding at law or in equity. Signature Title Personally appeared before me this day of , 20 , who under oath deposes and says that he is of the firm of , that he has read the above statement, and that to the best of his knowledge and belief same is an exact true statement. Notary Public [NOTARY SEAL] My Commission Expires "EXHIBIT G.1" STATE OF CTA COUNTY OF f�Isu� h CONTRACTOR AFFIDAVIT AND AGRK44"AIT 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 0.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: 7,13Z.t Ip Federal Work Authorization User Identification Number ba2w-i Date of Authorization Vertical Earth, Inc. Name of Contractor Hopewell Road at Bethany Bend/Bethany Way_ Intersection lmpravement 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 xd , 20 V in Cum&tlny (city), C1A, (state). Signature of Authorized Officer or Agent CIbID4 BQ*1r. V. P. raR ot-k Odan Printed Name and Title of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE DAY OF LAUR Notary Public ' No [NOTARY S r =,Ca - My Commis 0- _ `k. "EXHIBIT GZ" 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 Vertical Earth, Inc. on behalf of the City of Milton has registered with, is authorized to use, and uses the federal work authorization program commonly known as E -Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91. Furthermore, the undersigned subcontractor will continue to use the federal work authorization program throughout the contract period, and the undersigned subcontractor will contract for the physical performance of services in satisfaction of such contract only with sub -subcontractors who present an affidavit to the subcontractor with the information required by O.C.G.A. § 13-10-91(b). Additionally, the undersigned subcontractor will forward notice of the receipt of an affidavit from a sub -subcontractor to the contractor within five (5) business days of receipt. If the undersigned subcontractor receives notice that a sub -subcontractor has received an affidavit from any other contracted sub -subcontractor, the undersigned subcontractor must forward, within five (5) business days of receipt, a copy of the notice to the contractor. Subcontractor hereby attests that its federal work authorization user identification number and date of authorization are as follows: Federal Work Authorization User Identification Number Date of Authorization Name of Subcontractor Ilopewell Road at Bethany Bend/Bethany Way Intersection Improve_ ment Pr _ cct 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 H" The plans incorporated by reference in Exhibit "A" are incorporated herein by reference. (b=s,,Ilwww.cily.ofinittonga.us/Home/ShowDocument?id=4447) "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, and (2) Permitted Incomplete Work that will be completed by the date agreed upon by the Parties. 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 P Reserved "EXHIBIT K" Reserved "EXHIBIT U See Exhibit "A" "EXHIBIT M" Contractor Responsibility for Proiect and Worksite During Construction Maintenance of Worksite: The Contractor shall maintain the Project and the surrounding worksite from the Commencement Date until Final Completion of the Project. Such maintenance duties include, but shall not be limited to, continuous and effective prosecution of the Work day by day with adequate equipment and forces to ensure that the roadway or structures within the Project worksite are kept in satisfactory condition at all times. All existing guard rail, signs, pavement, pavement markings, bridge handrail, traffic control devices and other safety appurtenances that are not subject to removal or relocation in the completion of the Work shall also be maintained in a safe and satisfactory condition. The Contractor shall not allow vegetative growth at any time to obstruct signs, delineation, traffic movements, or sight distance. The Contractor shall, as necessary to keep the worksite clean and clear of all litter and debris, clean up and remove litter and debris. The Contractor shall, at intervals not to exceed 6 months, remove all weeds from around guard rail, barrier, poles, standards, utility facilities, and other structures, and cut or trim trees, bushes, or tall grass. These requirements shall apply to all areas within the Project worksite (i.e., the Project termini and lateral limits). All maintenance costs during construction and before the Work is accepted will be included in the Maximum Contract Price (and any individual flat fee or unit prices), and the Contractor will not be paid any additional compensation for such maintenance services. 2. Repair of Worksite and Private Property In the Case of Damage: From the Commencement Date until the Final Completion, the Contractor shall take every precaution against injury or damage to any part of the Project and the surrounding worksite by any cause whatsoever. The Contractor shall rebuild, repair, restore, and make good all injuries or damages to any portion of the Project or the worksite (with the exception of injury or damage caused by the sole negligence of the Owner) before Final Completion and shall bear the expense thereof. In case of suspension of Work from any cause whatsoever, the Contractor shall be responsible for the Project and shall take such precautions as may be necessary to prevent damage to the Project, provide for normal drainage and shall erect any necessary temporary structures, signs, or other facilities at its expense. Where the City elects to carry out a portion of the Work, in accordance with Section 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 Activi: 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: June 1, 2021 FROM: Steven Krokoff, City Manager AGENDA ITEM: Approval of a Construction Services Agreement between the City of Milton and Tri Scapes, Inc. for Cart Path Removal and Trail Construction at Former Milton Country Club. MEETING DATE: Monday, June 7, 2021 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 June 7, 2021 To: Honorable Mayor and City Council Members From: Sara Leaders, PE, Acting Public Works Director Date: Submitted on May 24, 2021 for the June 7, 2021 Regular Council Meeting Agenda Item: Approval of a Construction Services Agreement between the City of Milton and Tri Scapes, Inc. for Cart Path Removal and Trail Construction at Former Milton Country Club. _____________________________________________________________________________________ Project Description: The Contractor will be providing construction services for the removal of existing cart paths from easements and construction of a new gravel trail at the Former Milton Country Club. This work will also include the construction of a wooden boardwalk, concrete driveways at 2 locations for access to the trail, placement of sod, and mulch. This 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: 300-6210-541200001 Requisition Total: $969,478.32 Financial Review: Bernadette Harvill, May 24, 2021 Legal Review: Sam VanVolkenburgh, Jarrard & Davis, LLP – May 21, 2021 Concurrent Review: Steven Krokoff, City Manager Attachment: Construction Services Agreement 1 Construction Services Agreement | Version 1.0 CONSTRUCTION SERVICES AGREEMENT Path Removal & Trail Construction: Former Milton Country Club This Construction Services Agreement (the “Agreement”) is made and entered into this ___ day of ____________, 2021 (the “Effective Date”), by and between the CITY OF MILTON, GEORGIA, a municipal corporation of the State of Georgia, acting by and through its governing authority, the Mayor and Milton City Council (hereinafter referred to as the “City”), and Tri Scapes, Inc., a Georgia corporation (hereinafter referred to as the “Contractor”), collectively referred to herein as the "Parties”. 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 March 25, 2021, with subsequent addenda, 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-PW09 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. NOW THEREFORE, for and in consideration of the mutual promises, the public 2 Construction Services Agreement | Version 1.0 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 April 27, 2021, attached hereto as “Exhibit B”; C. Scope of Work, attached hereto as “Exhibit C”; D. Any 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. “Exhibit K” - reserved; 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. Section 2. Project Description; Architect; Engineer; Contract Administrator 3 Construction Services Agreement | Version 1.0 A. Project. A general description of the Project is as follows: services to provide for the removal and disposal of the concrete cart paths , construction of decomposed granite trail sections, and other construction items (driveway aprons, board fencing, and wooden boardwalk) at the Former Milton Country Club located in Milton, Georgia as specified in the construction plans and specifications as provided in Exhibit “A” (the “Project”). B. Architect/Engineer (if any). N//A 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 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. 4 Construction Services Agreement | Version 1.0 (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 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 5 Construction Services Agreement | Version 1.0 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 completion of and payment for all 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 five (5) business days of the Commencement Date provided by the City, and all Work shall be completed on or before 180 calendar days from the date of the Notice to Proceed issued by the City (the “Expected Date of Final Completion”). The Expected Date of Final Completion will be extended (without further compensation due to Contractor) in the event of unusually bad weather. If the Term of this Agreement continues beyond the calendar year in which this Agreement is executed, the Parties agree that this Agreement, as required by O.C.G.A. § 36-60-13, shall terminate absolutely and without further obligation on the part of the City on September 30 each fiscal year of the Term, and this Agreement shall automatically renew on October 1 of each subsequent fiscal year until the end of the Term, absent the City’s provision of written notice of non- renewal to Contractor at least five (5) calendar days prior to the end of the then current fiscal year. Title to any supplies, materials, equipment, or other personal property shall remain in Contractor until fully paid for by the City. B. Time is of the Essence; Liquidated Damages. Contractor specifically acknowledges that TIME IS OF THE ESSENCE of this Agreement and that City will suffer financial loss if the Work is not completed in accordance with the Expected Date of Final Completion deadline specified in Section 4(A) above and within the Contract Documents. This Agreement does not provide for liquidated damages. 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 6 Construction Services Agreement | Version 1.0 inadequate to regain scheduled progress to ensure timely completion of the entire Work or a separable portion thereof, the Contractor, when so informed by the City, shall immediately take action to increase the rate of work placement by: (1) An increase in working forces; (2) An increase in equipment or tools; (3) An increase in hours of work or number of shifts; (4) Expediting delivery of materials; and/or (5) Other action proposed if acceptable to City. Within five (5) calendar days after such notice from City that the Work is behind schedule, the Contractor shall notify the City in writing of the specific measures taken and/or planned to increase the rate of progress. The Contractor shall include an estimate as to the date of scheduled progress recovery. Should the City deem the plan of action inadequate, the Contractor shall take additional steps to make adjustments as necessary to its plan of action until it meets with the City’s approval and such approval is provided in writing by the City. D. Partial Occupancy or Use. The City may occupy or use any completed or partially completed portion of the Work at any stage when such portion is designated by separate agreement between the City and Contractor, provided such occupancy or use is consented to by the insurer and authorized by public authorities having jurisdiction over the Work. Such partial occupancy or use may commence whether or not the portion is substantially complete, provided the City and Contractor have accepted in writing the responsibilities assigned to each of them for payments, retainage, if any, security, maintenance, heat, utilities, damage to the Work and insurance, and have agreed in writing concerning the period for correction of the Work and commencement of warranties required by the Contract Documents. Consent of the Contractor to partial occupancy or use shall not be unreasonably withheld. Immediately prior to such partial occupancy or use, the City, Contractor and Contract Administrator shall jointly inspect the area to be occupied, or portion of the Work to be used, in order to determine and record the condition of the Work. Unless otherwise agreed upon, partial occupancy or use of a portion or portions of the Work shall not constitute acceptance of Work not complying with the requirements of the Contract Documents. Section 5. Contractor’s Compensation; Time and Method of Payment A. Maximum Contract Price. The total amount paid under this Agreement as compensation for Work performed and reimbursement for costs incurred shall not, in any case, exceed $969,478.32 (the “Maximum Contract Price”), except as outlined in Section 6 below. The compensation for Work performed shall be based upon the unit prices in Exhibit “B” times units actually provided. A $100,000 contingency has been incorporated into the Maximum Contract Price for units of work that exceed estimates set forth in the bid schedule. No add alternates have been selected. 7 Construction Services Agreement | Version 1.0 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 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 8 Construction Services Agreement | Version 1.0 long as their total effect does not materially alter the terms of this Agreement or materially increase the Maximum Contract Price, as set forth in Section 5(A) above. Any such Change Orders materially altering the terms of this Agreement, or any Change Order affecting the price where the Maximum Contract Price (as amended) is in excess of $50,000, must be approved by resolution of the Milton City Council. E. Minor Changes in the Work. The Contract Administrator will have the authority to order minor changes in the Work not involving adjustment in the Maximum Contract Price or extension of the Term and not inconsistent with the intent of the Contract Documents. Such changes shall be effected by written order signed by the Contract Administrator. The Contractor shall carry out such written orders promptly. If the minor changes subsequently may affect adjustments in the Maximum Contract Price or the Term, the changes shall then be converted to a written Change Order by the requesting Party. Section 7. Covenants of Contractor A. Ethics Code; Conflict of Interest. (i) Contractor agrees that it shall not engage in any activity or conduct that would result in a violation of the City of Milton Code of Ethics or any other similar law or regulation. Contractor certifies that to the best of his knowledge no circumstances exist which will cause a conflict of interest in performing the Work. Should Contractor become aware of any circumstances that may cause a conflict of interest during the Term of this Agreement, Contractor shall immediately notify the City. If the City determines that a conflict of interest exists, the City may require that Contractor take action to remedy the conflict of interest or terminate the Agreement without liability. The City shall have the right to recover any fees paid for services rendered by Contractor when such services were performed while a conflict of interest existed if Contractor had knowledge of the conflict of interest and did not 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 9 Construction Services Agreement | Version 1.0 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 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. 10 Construction Services Agreement | Version 1.0 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. (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 11 Construction Services Agreement | Version 1.0 would have been avoided if the Contractor had performed such obligations. (ii) Inspection of Prior Work. If part of the Contractor’s Work depends for proper execution or results upon construction or operations by a separate contractor, the Contractor shall, prior to proceeding with that portion of the Work, promptly report to the Contract Administrator apparent discrepancies or defects in such other construction that would render it unsuitable for such proper execution and results. Failure of the Contractor so to report shall constitute an acknowledgment that the City’s or separate contractor’s completed or partially completed construction is fit and proper to receive the Contractor’s Work, except as to defects not then reasonably discoverable, and Contractor shall be responsible for all costs and damages resulting from its failure to report reasonably discoverable defects. (iii) Contractor Requests for Information. If, with undue frequency (as determined by the City in its sole discretion), the Contractor requests information that is obtainable through reasonable examination and comparison of the Contract Documents, site conditions, and previous correspondence, interpretations or clarifications, the Contractor shall be liable to the City for reasonable charges from the Contract Administrator for the additional services required to review, research and respond to such requests for information. F. Supervision, Inspection and Construction Procedures. The Contractor shall supervise and direct the Work, using the Contractor’s best skill and attention. The Contractor shall be solely responsible for and have control over construction means, methods, techniques, sequences and procedures and for coordinating all portions of the Work under the Agreement, unless the Contract Documents give other specific instructions concerning these matters. If the Contract Documents give specific instructions concerning construction means, methods, techniques, sequences or procedures, the Contractor shall evaluate the jobsite safety therefor and, except as stated below, shall be fully and solely responsible for the jobsite safety for such 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 12 Construction Services Agreement | Version 1.0 adjacent thereto, such as trees, shrubs, lawns, walks, pavements, roadways, structures and utilities not designated for removal, relocation or replacement in the course of construction. The Contractor shall give notices and comply with applicable laws, ordinances, rules, regulations and lawful orders of public authorities bearing on safety of persons or property or their protection from damage, injury or loss. When use or storage of explosives or other hazardous materials or equipment or unusual methods are necessary for execution of the Work, the Contractor shall exercise utmost care and carry on such activities under supervision of properly qualified personnel. If reasonable precautions will be inadequate to prevent foreseeable bodily injury or death to persons resulting from a material or substance, including but not limited to asbestos or polychlorinated biphenyl (PCB), encountered on the Project site(s) by the Contractor, the Contractor shall, upon recognizing the condition, immediately stop Work in the affected area and report the condition to the City and Contract Administrator in writing. G. Tests and Inspections. Tests, inspections and approvals of portions of the Work required by the Contract Documents or by laws, or ordinances, rules, regulations or orders of public authorities having jurisdiction shall be made promptly at an appropriate time to avoid unreasonable delay in the Work. Unless otherwise provided, the Contractor shall make arrangements for such tests, inspections and approvals with an independent testing laboratory or entity acceptable to the City, or with the appropriate public authority, and shall bear all related costs of tests, inspections and approvals. The Contractor shall give the Contract Administrator timely notice of when and where tests and inspections are to be made so that the Contract Administrator may be present for such procedures. Required permits or certificates of testing, inspection or approval shall, unless otherwise required by the Contract Documents, be secured by the Contractor and delivered to the Contract Administrator within ten (10) calendar days of issuance. 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 13 Construction Services Agreement | Version 1.0 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 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. 14Construction Services Agreement | Version 1.0 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 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 Ryan Hogan 15 Construction Services Agreement | Version 1.0 Parties”) from and against any and all claims, suits, actions, judgments, injuries, damages, losses, costs, expenses and liability of any kind whatsoever, including, but not limited to, attorney’s fees and costs of defense (“Liabilities”), which may arise from or be the result of alleged willful, negligent, or tortious act or omission arising out of the Work, performance of contracted services, or operations by the Contractor, any subcontractor, anyone directly or indirectly employed by the Contractor or subcontractor, or anyone for whose acts the Contractor or subcontractor may be liable, regardless of whether or not the act or omission is caused in part by a party indemnified hereunder. This indemnity obligation does not include Liabilities caused by or resulting from the sole negligence of an Indemnified Party. Such obligation shall not be construed to negate, abridge, or otherwise reduce any other right or obligation of indemnity which would otherwise exist as to any party or person described in this provision. In any and all claims against an Indemnified Party, by any employee of the Contractor, its subcontractor, anyone directly or indirectly employed by the Contractor or subcontractor, or anyone for whose acts the Contractor or subcontractor may be liable, the indemnification obligation set forth in this provision shall not be limited in any way by any limitation on the amount or type of damages, compensation, or benefits payable by or for the Contractor or any subcontractor under workers’ or workmen’s compensation acts, disability benefit acts, or other employee benefit acts. This obligation to indemnify, defend, and hold harmless the Indemnified Party(ies) shall survive expiration or termination of this Agreement, provided that the claims are based upon or arise out of actions or omissions that occurred during the performance of this Agreement. P. Insurance. (1) Requirements: The Contractor shall have and maintain in full force and effect for the duration of this Agreement, insurance insuring against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Work by the Contractor, its agents, 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 16 Construction Services Agreement | Version 1.0 consultants and contractual liability (specifically covering the indemnity), broad-from property damage, and underground, explosion and collapse hazard. This coverage may be achieved by using an excess or umbrella policy. The policy or policies must be on “an occurrence” basis (“claims made” coverage is not acceptable). (b) Commercial Automobile Liability (owned, non-owned, hired): $1,000,000 (one million dollars) combined single limit per occurrence $2,000,000 (two million dollars) aggregate for comprehensive Commercial Automobile liability coverage (owned, non-owned, hired) including bodily and personal injury, sickness, disease or death, injury to or destruction of property, including loss of use resulting therefrom. (c) Professional Liability: $1,000,000 (one million dollars) limit Professional Liability policy for claims arising out of professional services and caused by the Contractor’s errors, omissions, or negligent acts (required if any professional services will be provided). (d) Workers’ Compensation and Employers’ Liability: Workers’ Compensation policy with limits as required by the State of Georgia and Employers’ Liability limits of $1,000,000 (one million dollars) per occurrence or disease. (If Contractor is a sole proprietor, who is otherwise not entitled to coverage under Georgia’s Workers’ Compensation Act, Contractor must secure Workers’ Compensation coverage approved by both the State Board of Workers’ Compensation and the Commissioner of Insurance. The amount of such coverage shall be the same as what is otherwise required of employers entitled to coverage under the Georgia Workers’ Compensation Act. Further, the Contractor shall provide a certificate of insurance indicating that such coverage has been secured and that no individual has been excluded from coverage.) (e) Builder’s Risk Insurance: Contractor shall provide a Builder’s Risk Insurance Policy to be made payable to the City and Contractor, as their interests may appear. The policy amount shall be equal to 100% of the Maximum Contract Price, written on a Builder’s Risk “All Risk,” or its equivalent. The policy shall provide, or be endorsed to provide, as follows: “The following may occur without diminishing, changing, altering or otherwise affecting the coverage and protection afforded the insured under this policy: i) Equipment may be delivered to the insured premises and installed in place ready for use; and ii) Partial or complete occupancy by City; and iii) Performance of Work in connection with construction operations insured by the City, by its agents or lessees, or other contractors of the City or using agency.” The insurance coverage shall include 17 Construction Services Agreement | Version 1.0 extended coverage, and providing coverage for transit, with sub- limits sufficient to insure the full replacement value of the property or equipment removed from its site and while located away from its site until the date of final acceptance of the Work. (f) Commercial Umbrella Liability Coverage: $__N/A_ per occurrence shall be provided and will apply over all liability policies, without exception, including but not limited to Commercial General Liability, Commercial Automobile Liability, Employers’ Liability, and Professional Liability. (3) Deductibles and Self-Insured Retentions: Any deductibles or self-insured retentions must be declared to and approved by the City in writing so that the City may ensure the financial solvency of the Contractor; self-insured retentions should be included on the certificate of insurance. (4) Other Insurance Provisions: Each policy shall contain, or be endorsed to contain, the following provisions respectively: (a) General Liability, Automobile Liability and Umbrella Liability Coverage. (i) Additional Insured Requirement. The City and City’s elected and appointed officials, officers, boards, commissioners, employees, representatives, consultants, servants, agents and volunteers (individually “Insured Party” and collectively “Insured Parties”) shall be named as additional insureds as respects: liability arising out of activities performed by or on behalf of the Contractor; products and completed operations of the Contractor; premises owned, leased, or used by the Contractor; automobiles owned, leased, hired, or borrowed by the Contractor. The coverage shall contain no special limitations on the scope of protection afforded to the Insured Parties. Nothing contained in this section shall be construed to require the Contractor to provide liability insurance coverage to any Insured Party for claims asserted against such Insured Party for its sole negligence. (ii) Primary Insurance Requirement. The Contractor’s insurance coverage shall be primary noncontributing insurance as respects to any other insurance or self-insurance available to the Insured Parties. Any insurance or self- insurance maintained by the Insured Parties shall be in excess of the Contractor’s insurance and shall not contribute with it. 18 Construction Services Agreement | Version 1.0 (iii) Reporting Requirement. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the Insured Parties. (iv) Separate Coverage. Coverage shall state that the Contractor’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to limits of insurance provided. (v) Defense Costs/Cross Liability. Coverage shall be provided on a “pay on behalf” basis, with defense costs payable in addition to policy limits. There shall be no cross liability exclusion. (vi) Subrogation. The insurer shall agree to waive all rights of subrogation against the Insured Parties for losses arising from Work performed by the Contractor for the City. (b) Workers’ Compensation Coverage: The insurer providing Workers’ Compensation Coverage will agree to waive all rights of subrogation against the Insured Parties for losses arising from Work performed by the Contractor for the City. (c) All Coverages: (i) Notice Requirement. Each insurance policy required by this Agreement shall be endorsed to state that coverage shall not be suspended, voided, or canceled except after thirty (30) calendar days prior written notice (or 10 calendar days if due to non-payment) has been given to the City. The City reserves the right to accept alternate notice terms and provisions, provided they meet the minimum requirements under Georgia law. (ii) Starting and Ending Dates. Policies shall have concurrent starting and ending dates. (iii) Incorporation 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 19 Construction Services Agreement | Version 1.0 no less than “A-” and with a financial rate of Class VII or greater. The Contractor shall be responsible for any delay resulting from the failure of its insurer to provide proof of coverage in the proscribed form. (6) Verification of Coverage: Contractor shall furnish to the City for City approval certificates of insurance and endorsements to the policies evidencing all coverage required by this Agreement prior to the start of work. Without limiting the general scope of this requirement, Contractor is specifically required to provide an endorsement naming the City as an additional insured when required. The certificates of insurance and endorsements for each insurance policy are to be on a form utilized by Contractor’s insurer in its normal course of business and are to be signed by a person authorized by that insurer to bind coverage on its behalf, unless alternate sufficient evidence of their validity and incorporation into the policy is provided. The City reserves the right to require complete, certified copies of all required insurance policies at any time. The Contractor shall provide proof that any expiring coverage has been renewed or replaced prior to the expiration of the coverage. (7) Subcontractors: Contractor shall either (1) ensure that its insurance policies (as described herein) cover all subcontractors and the Work performed by such subcontractors or (2) ensure that any subcontractor secures separate policies covering that subcontractor and its Work. All coverage for subcontractors shall be subject to all of the requirements stated in this Agreement, including, but not limited to, naming the Insured Parties as additional insureds. (8) Claims-Made Policies: Contractor shall extend any claims-made insurance policy for at least six (6) years after termination or final payment under the Agreement, whichever is later, and have an effective date which is on or prior to the Effective Date. (9) Progress Payments: The making of progress payments to the Contractor shall not be construed as relieving the Contractor or its subcontractor or insurance carriers from providing the coverage required in this Agreement. Q. Bonds. In public works construction contracts valued at more than one hundred thousand dollars ($100,000.00) or road construction/maintenance contracts valued at five thousand dollars ($5,000.00) or more, or in any other instance where the City has elected to include such bond requirements as exhibits to this Agreement, the Contractor shall provide Performance and Payment bonds as a condition of this Agreement. At the conclusion of the Work, Contractor shall also provide City with a maintenance bond in the amount of one-third (1/3) of the total amount paid under the Agreement, guaranteeing the repair or replacement caused by defective workmanship or materials for a period of two (2) years from the completion of the Work. Bonds shall be provided on the forms attached hereto as “Exhibits D.1, D.2, and D.3” and with a surety licensed to do business in Georgia and listed on the 20 Construction Services Agreement | Version 1.0 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. 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 21 Construction Services Agreement | Version 1.0 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.] ____ 500 or more employees. _X__ 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 22 Construction Services Agreement | Version 1.0 Contractor in accordance with applicable law and requirements prescribed by the City with respect to all matters covered by this Agreement. Except as otherwise authorized or required, such Records shall be maintained for at least three (3) years from the date that final payment is made to Contractor by City under this Agreement. Furthermore, Records that are the subject of audit findings shall be retained for three (3) years or until such audit findings have been resolved, whichever is later. (b) All costs claimed or anticipated to be incurred in the performance of this Agreement shall be supported by properly executed payrolls, time records, invoices, contracts, or vouchers, or other official documentation evidencing in proper detail the nature and propriety of the charges. All checks, payrolls, invoices, contracts, vouchers, orders, or other accounting documents pertaining in whole or in part to this Agreement shall be clearly identified and readily accessible. (2) Reports and Information: Upon request, the Contractor shall furnish to the City any and all Records in the form requested by the City. All Records stored on a computer database must be of a format compatible with the City’s computer systems and software. (3) Audits and Inspections: At any time during normal business hours and as often as the City may deem necessary, Contractor shall make available to the City or City’s representative(s) for examination all Records. The Contractor will permit the City or City’s representative(s) to audit, examine, and make excerpts or transcripts from such Records. Contractor shall provide proper facilities for City or City’s representative(s) to access and inspect the Records, or, at the request of the City, shall make the Records available for inspection at the City’s office. Further, Contractor shall permit the City or City’s representative(s) to observe and inspect any or all of Contractor’s facilities and activities during normal hours of business for the purpose of evaluating Contractor’s compliance with the terms of this Agreement. In such instances, the City or City’s representative(s) shall not interfere with or disrupt such activities. U. Confidentiality. Contractor acknowledges that it may receive confidential information of the City and that it will protect the confidentiality of any such confidential information and will require any of its subcontractors, contractors, and/or staff to likewise protect such confidential information. The Contractor agrees that confidential information it receives or such reports, information, opinions, or conclusions that Contractor creates under this Agreement shall not be made available to, or discussed with, any individual or organization, including the news media, without prior written approval of the City. Contractor shall exercise reasonable precautions to prevent the unauthorized disclosure and use of City information whether specifically deemed confidential or not. 23 Construction Services Agreement | Version 1.0 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. Key Personnel. RESERVED. X. Authority to Contract. The Contractor covenants and declares that it has obtained all necessary approvals of its board of directors, stockholders, general partners, limited partners, or similar authorities to simultaneously execute and bind Contractor to the terms of this Agreement, if applicable. Y. Ownership of Work. All reports, designs, drawings, plans, specifications, schedules, work product, and other materials, including those in electronic form, prepared or in the process of being prepared for the Work to be performed by the Contractor (“Materials”) shall be the property of the City, and the City shall be entitled to full access and copies of all Materials in the form prescribed by the City. Any Materials remaining in the hands of the Contractor or subcontractor upon completion or termination of the Work shall be delivered immediately to the City whether or not the Project or Work is commenced or completed, provided, however, that Contractor may retain a copy of any deliverables for its records. The Contractor assumes all risk of loss, damage or destruction of or to Materials. If any Materials are lost, damaged, or destroyed before final delivery to the City, the Contractor shall replace them at its own expense. Any and all copyrightable subject matter in all Materials is hereby assigned to the City, and the Contractor agrees to execute any additional documents that may be necessary to evidence such assignment. Z. Nondiscrimination. During the performance of this Agreement, the Contractor agrees as follows: 24 Construction Services Agreement | Version 1.0 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 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 25 Construction Services Agreement | Version 1.0 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. Contractors Assisting with Procurement. As required by O.C.G.A. § 36-80-28, if the Agreement requires the Contractor to prepare, develop, or draft specifications or requirements for a solicitation (including bids, requests for proposals, procurement orders, or purchase orders) or to serve in a consultative role during a bid or proposal evaluation or negotiation process: (a) the Contractor shall avoid any appearance of impropriety and shall follow all ethics and conflict-of-interest policies and procedures of the City; (b) the Contractor shall immediately disclose to the City any material transaction or relationship, including, but not limited to, that of the Contractor, the Contractor’s employees, or the Contractor’s agents or subsidiaries, that reasonably could be expected to give rise to a conflict of interest, including, but not limited to, past, present, or known prospective engagements, involvement in litigation or other dispute, client relationships, or other business or financial interest, and shall immediately disclose any material transaction or relationship subsequently discovered during the pendency of the Agreement; and (c) the Contractor agrees and acknowledges that any violation or threatened violation of this paragraph may cause irreparable injury to the City, entitling the City to seek injunctive relief in addition to all other legal remedies. Section 8. Covenants of the City A. Right of Entry. The City shall provide for right of entry for Contractor and Contractor’s equipment as required for Contractor to complete the Work; provided that Contractor shall not unreasonably encumber the Project site(s) with materials or equipment. B. City’s Representative. 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. 26 Construction Services Agreement | Version 1.0 B. Warranty. The Contractor warrants to the City and the Contract Administrator that materials and equipment furnished under the Agreement will be of good quality and new, unless otherwise required or permitted by the Contract Documents, that the Work will be free from defects not inherent in the quality required or permitted, and that the Work will conform to the requirements of the Contract Documents. Work not conforming to these requirements, including substitutions not properly approved and authorized, is considered defective. This warranty excludes remedy for damage or defect caused by abuse by the City or modifications to the Work not executed by the Contractor or an employee/subcontractor/sub-subcontractor thereof. Except as may be otherwise specified or agreed, the Contractor shall repair or replace all defects in materials, equipment, or workmanship appearing within two (2) year(s) (the “Maintenance Period”) from the date of Final Completion (as defined in “Exhibit I”, attached hereto and incorporated herein by reference) at no additional cost to the City. An inspection shall be conducted by the City or its representative(s) near the completion of the Maintenance Period to identify any issues that must be resolved by the Contractor. After the expiration of the Maintenance Period, City shall be responsible for repairing issues resulting from normal wear and tear and shall be responsible for general maintenance of the equipment; however, expiration of any Maintenance 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 Maintenance Period. City may purchase additional maintenance services from the Contractor upon a written proposal for such services being executed by authorized representatives of both Parties, and upon execution, such proposal for additional services shall be incorporated herein by this reference. Section 10. Termination A. For Convenience. The City may terminate this Agreement for convenience at any time upon providing written notice thereof to Contractor at least seven (7) calendar days in advance of the termination date. B. For Cause. The Contractor shall have no right to terminate this Agreement prior to completion of the Work, except in the event of City’s failure to pay the Contractor within thirty (30) calendar days of Contractor providing the City with notice of a delinquent payment and an opportunity to cure. The City may terminate this Agreement for cause as provided in Section 11 of this Agreement. The City shall give Contractor at least seven (7) calendar days’ written notice of its intent to terminate the Agreement for cause and the reasons therefor, and if Contractor, or its Surety, fails to cure the default within that period, the termination shall take place without further notice. The City shall then make alternative arrangements for completion of the Project. C. Statutory Termination. In compliance with O.C.G.A. § 36-60-13, this Agreement 27 Construction Services Agreement | Version 1.0 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. 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. 28 Construction Services Agreement | Version 1.0 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 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 29 Construction Services Agreement | Version 1.0 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 The City will be self-administering the construction. 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, 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 30Construction Services Agreement | Version 1.0 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, Georgia 30004 NOTICE TO CONTRACTOR shall be sent to: Tri Scapes, Inc. Attn: Rebecca Martin 1595 Peachtree Pkwy, Ste 204-396 Cumming, GA 30041 G.Waiver of Agreement. No failure by the City to enforce any right or power granted under this Agreement, or to insist upon strict compliance by Contractor with this Agreement, and no custom or practice of the City at variance with the terms and conditions of this Agreement shall constitute a general waiver of any future breach or default or affect the City’s right to demand exact and strict compliance by Contractor with the terms and conditions of this Agreement. Further, no express waiver shall affect any term or condition other than the one specified in such waiver, and that one only for the time and manner specifically stated. H. Survival. All sections of this Agreement which by their nature should survive termination will survive termination, including, without limitation, confidentiality Ryan Hogan 31 Construction Services Agreement | Version 1.0 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, 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 32 Construction Services Agreement | Version 1.0 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] CITY OF MILTON, GEORGIA By: Joe Lockwood, Mayor [CITY SEAL] Attest: Print Name: Its: City Clerk Approved as to form: City Attorney CONTRACTOR: Tri Scapes, Inc. By. _ Print Name: Rebecca Martin tt01111 /,�-I CII��N'JJJiiyyy�yyy111iii7��' President/` &- ..;e t. oi'�y�ration) JCQ'�' 1i' SiAI:� ' required if corpo'rati$n) ••. GERGt�`���; At eAtTitne'k9r,,,tlltO",, Print Name: ' Mitzi J. Chambers Its: Assistant Corporate Secretary ((Assistant) Corporate Secretary if corporation) Construction Services Agreement I Version 1.0 “EXHIBIT A” ITB 21-PW09 1 | Page Bid Number: 21-PW09 Project Name: Path Removal & Trail Construction: Former Milton Country Club Due Date and Time: April 27, 2021 Local Time: 2:00pm Number of Pages: 113 ISSUING DEPARTMENT INFORMATION Issue Date: March 25, 2021 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-PW09 Name of Company or Firm Special Instructions: Deadline for Written Questions April 15, 2021at 5:00 pm 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 CITY OF MILTON INVITATION TO BID (THIS IS NOT AN ORDER) ITB 21-PW09 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 Submittal Form (12 pages) 28 General Conditions 41 EPD Air Quality Rules 47 Sample Contract Agreement 48 ITB 21-PW09 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 ANSI / AF&PA NATIONAL DESIGN SPECIFICATION FOR WOOD CONSTRUCTION, 2012 EDITION ASCE/SEI: 7-16 "MINIMUM DESIGN LOADS FOR BUILDINGS AND OTHER STRUCTURES" PUBLISHED BY THE AMERICAN SOCIETY OF CIVIL ENGINEERS IBC: INTERNATIONAL BUILDING CODE, 2012 EDITION WITH 2014, 2015, 2017, & 2018 GEORGIA STATE AMENDMENTS -AASHTO / AMERICAN ASSOCIATION OF STATE HIGHWAY AND TRANSPORTATION OFFICIALS OSHA: Occupational Safety and Health Administration FHWA: Federal Highway Administration AASHTO: American Association of State Highway and Transportation Officials ITB 21-PW09 4 | Page Invitation to Bid 21-PW09 The City of Milton is accepting sealed bids from qualified firms for the Path Removal and Trail Construction: Former Milton Country Club for the Public Works Department in conformance with Title 32, Chapter 4, Article 4, Part 2 of the Official Code of Georgia Annotated. All work will be done in accordance with Georgia Department of Transportation’s (GDOT) Standard Drawings, Standard Specifications, and Pay Items Index as standards and specifications for the construction and completion of the work required. All bidders must comply with all general and special requirements of the bid information and instructions enclosed herein. Electronic bids will be received no later than 2:00 PM Local Time on April 27, 2021. 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 also be submitted online in the same manner listed above for bids. Deadline for questions is April 15, 2021 at 5:00 p.m. Official answers to questions and potential changes to the ITB (Addendums) will be posted at the same web locations as the ITB on or about April 20, 2021. 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- PW09) and bid name (Path Removal & Trail Construction: Former Milton Country Club) 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 ITB 21-PW09 5 | Page after the “Notice to Proceed” is issued. The time of completion for the project is to be determined prior to the issuance of the “Notice to Proceed.” If weather affects the required completion schedule, The City and selected contractor will negotiate a new completion date. Section 108.08 of the State of Georgia Department of Transportation Standard Specifications Construction of Transportation Systems (current edition) shall be applied. ITB 21-PW09 6 | Page SCHEDULE OF EVENTS FOR REFERENCE ONLY - DO NOT SUBMIT WITH BID RESPONSE EVENT DATE ITB Issue Date March 25, 2021 Deadline for Receipt of Written Questions 5 PM on April 15, 2021 Posting of Written Answers by City to Websites on or about April 20, 2021 ITB DUE No Later than 2:00 PM on April 27, 2021 Tentative Contract Award (on/about) May 10, 2021 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. ITB 21-PW09 7 | Page 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 Submittal Form (12 pages) 28 - 40 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 Path Removal & Tail Construction: Former Milton Country Club, ITB 21-PW09. No specification expressed or implied shall be construed as any type of restrictive specification that would limit competition. Unless clearly shown as “no substitute” or any words to that effect, any items in these contract documents which have been identified, described or referenced by a brand name or trade name are for reference only. Such identification is intended to be descriptive but not restrictive and is to indicate the general quality and characteristics of products that may be offered. Each bid item for which an equivalent item is proposed must be individually identified on the bid sheet with the following information: brand name, model or manufacturer’s number or identification regularly used in the trade. Photographs, specifications and cut sheets shall be provided of the proposed alternative. The City shall be the sole judge of the suitability of the proposed alternative and may consider function, design, materials, construction, workmanship, finishes, operating features, overall quality, local service facilities, warranty terms and service or other relevant features. The City reserves the right to cancel the contract at any time with 30 days written ITB 21-PW09 8 | Page notice. Title to any supplies, materials, equipment or other personal property shall remain the Contractors’ until fully paid for by the City. All items to be bid FOB, Milton, Georgia. No sales taxes are to be charged. Any damage to any building or traffic control device, or equipment incurred during the course of work shall be repaired at the contractor’s expense to the complete satisfaction of the City of Milton with no additional expense to the City. EVALUATION The City intends to evaluate the ITB on the lowest, responsible, and responsive bidder. To bid on this contract, the Contractor must be listed on the current Georgia Department of Transportation Pre-Qualified Contractors list. No exceptions. 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 10 days of Notice of Award, and at all times that this Contract is in force, the Contractor shall obtain, maintain and furnish the City Certificates of Insurance from licensed companies doing business in the State of Georgia with an A.M. Best Rating A-6 or higher and acceptable to the City. Insurance requirements are provided below and included in the CONTRACT AGREEMENT (Section 7.K). (1) Requirements: The Contractor shall have and maintain in full force and effect for the duration of this Agreement, insurance insuring against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Work by the Contractor, its agents, ITB 21-PW09 9 | Page representatives, employees or subcontractors. All policies shall be subject to approval by the City Attorney as to form and content. These requirements are subject to amendment or waiver if so approved in writing by the City. (2) Minimum Limits of Insurance: Contractor shall maintain the following insurance policies with limits no less than: (a) Comprehensive General Liability of $1,000,000 (one million dollars) limit per single occurrence, $2,000,000 (two million dollars) umbrella, including coverage for bodily and personal injury, sickness, disease or death, injury to or destruction of property, including loss of use resulting therefrom, vandalism, property loss and theft. (b) Comprehensive Automobile Liability (owned, non-owned, hired) of $1,000,000 (one million dollars) combined single limit per occurrence for bodily and personal injury, sickness, disease or death, injury to or destruction of property, including loss of use resulting therefrom. (c) Workers' Compensation limits as required by the State of Georgia and Employers Liability limits of $1,000,000 (one million dollars) per accident. (3) Deductibles and Self-Insured Retentions: Any deductibles or self-insured retentions must be declared to and approved by the City in writing. (4) Other Insurance Provisions: The policy is to contain, or be endorsed to contain, the following provisions: (a) General Liability and Automobile Liability Coverage. (i) The City and City Parties are to be covered as insureds. The coverage shall contain no special limitations on the scope of protection afforded to the City or City Parties. (ii) The Contractor’s insurance coverage shall be primary noncontributing insurance as respects to any other insurance or self-insurance available to the City or City Parties. Any insurance or self-insurance maintained by the City or City Parties shall be in excess of the Contractor’s insurance and shall not contribute with it. ITB 21-PW09 10 | Page (iii) Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City or City Parties. (iv) Coverage shall state that the Contractor’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (v) Coverage shall be provided on a “pay on behalf” basis, with defense costs payable in addition to policy limits. There shall be no cross-liability exclusion. (vi) The insurer agrees to waive all rights of subrogation against the City and City Parties for losses arising from Work performed by the Contractor for the City for General Liability coverage only. (b) Workers' Compensation Coverage: The insurer providing Workers’ Compensation Coverage will agree to waive all rights of subrogation against the City and City Parties for losses arising from Work performed by the Contractor for the City. (c) All Coverages: (i) Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled, reduced in coverage or in limits except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. (ii) Policies shall have concurrent starting and ending dates. (5) Acceptability of Insurers: Insurance is to be placed with insurers authorized to do business in the State of Georgia and with an A.M. Bests' rating of no less than A:VI. (6) Verification of Coverage: Contractor shall furnish the City with certificates of insurance and endorsements to the policies evidencing coverage required by this clause prior to the start of Work. The certificate of insurance and endorsements shall be on a form utilized by Contractor’s insurer in its normal course of business and shall be received and approved by the City within ten (10) days of the Notice of Award. The City reserves the right to require complete, certified copies of all required insurance policies, at any ITB 21-PW09 11 | Page 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. ITB 21-PW09 12 | Page 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-PW09 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-PW09 Path Removal & Trail Construction: Former Milton Country Club 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-PW09 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-PW09 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:_________________________ ITB 21-PW09 16 | Page Signature and Title: Signature and Title: Note: (1) Above addresses are to be used for giving any notice required by the terms of this Bid Bond. (2) Any singular reference to Bidder, Surety, the City or any other party shall be considered plural where applicable. 1. Bidder and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to pay to the City upon Default of Bidder the penal sum set forth on the face of this Bond. 2. Default of Bidder shall occur upon the failure of Bidder to deliver within the time required by the Bidding Documents (or any extension of that time agreed to in writing by the City) the executed Agreement required by the Bidding Documents and any performance and payment Bonds required by the Bidding Documents. 3. This obligation shall be null and void if: 3.1 The City accepts Bidder’s Bid and Bidder delivers within the time required by the Bidding Documents (or any extension of that time agreed to in writing by the City) the executed Agreement required by the Bidding Documents and any performance and payment Bonds required by the Bidding Documents; or 3.2 All Bids are rejected by the City; or 3.3 The City fails to issue a Notice of Award to Bidder within the time specified in the Bidding Documents (or any extension of that time agreed to in writing by Bidder and, if applicable, consented to by Surety when required by paragraph 5 hereof). 4. Payment under this Bond will be due and payable upon Default by Bidder within 30 calendar days after receipt by Bidder and Surety of a written Notice of Default from the City, which Notice will be given with reasonable promptness and will identify this Bond and the Project and include a statement of the amount due. 5. Surety waives notice of, as well as any and all defenses based on or arising out of, any time extension to issue a Notice of Award agreed to in writing by the City and Bidder, provided that the total time, including extensions, for issuing a Notice of Award shall not in the aggregate exceed 120 days from Bid due date without Surety’s written consent. 6. No suit or action shall be commenced under this Bond either prior to 30 calendar days after the Notice of Default required in paragraph 4 above is received by Bidder and Surety or later than one year after Bid due date. 7. Any suit or action under this Bond shall be commenced only in a court of competent jurisdiction located in the State of Georgia. ITB 21-PW09 17 | Page 8. Notices required hereunder shall be in writing and sent to Bidder and Surety at their respective addresses shown on the face of this Bond. Such notices may be sent by personal delivery, commercial courier or by United States Registered or Certified Mail, return receipt requested, postage pre-paid, and shall be deemed to be effective upon receipt by the party concerned. 9. Surety shall cause to be attached to this Bond a current and effective Power of Attorney evidencing the authority of the officer, agent or representative who executed this Bond on behalf of Surety to execute, seal and deliver such Bond and bind the Surety thereby. 10. This Bond is intended to conform to all applicable statutory requirements. Any applicable requirement of any applicable statute that has been omitted from this Bond shall be deemed to be included herein as if set forth at length. If any provision of this Bond conflicts with any applicable statute, then the provision of said statute shall govern and the remainder of this Bond that is not in conflict therewith shall continue in full force and effect. 11. The term “Bid” as used herein includes a Bid, offer or proposal, as applicable under the particular circumstances. 12. The terms of this Bid Bond shall be governed by the laws of the State of Georgia. ITB 21-PW09 18 | Page [BIDDERS MUST RETURN THIS FORM WITH BID RESPONSE] QUALIFICATIONS SIGNATURE AND CERTIFICATION I certify that this offer is made without prior understanding, agreement, or connection with any corporation, firm, or person submitting a proposal for the same materials, supplies, equipment, or services and is in all respects fair and without collusion or fraud. I understand collusive bidding is a violation of State and Federal Law and can result in fines, prison sentences, and civil damage awards. I agree to abide by all conditions of the proposal and certify that I am authorized to sign this proposal for the proposer. I further certify that the provisions of the Official Code of Georgia Annotated, including but not limited to Title 32, Chapter 4, Article 4, Part 2 and Sections 45-10-20 et seq. have not been violated and will not be violated in any respect. Authorized Signature______________________________Date_______________________ Print/Type Name______________________________________________________________ Print/Type Company Name Here_______________________________________________ CORPORATE CERTIFICATE I, ___________________________________, certify that I am the Secretary of the Corporation named as Contractor in the foregoing bid; that _______________________________________ who signed said bid in behalf of the Contractor, was then (title)_________________________ of said Corporation; that said bid was duly signed for and in behalf of said Corporation by authority of its Board of Directors, and is within the scope of its corporate powers; that said Corporation is organized under the laws of the State of _________________________________. This _________________ day of ________________, 20______ ______________________________________(Seal) (Signature) ITB 21-PW09 19 | Page [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-PW09 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 Path Removal & Trail Construction: Former Milton Country Club 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: _________________________________ ITB 21-PW09 21 | Page [BIDDERS MUST RETURN THIS FORM WITH BID RESPONSE] DISCLOSURE FORM This form is for disclosure of campaign contributions and family member relations with City of Milton officials/employees. Please complete this form and return as part of your bid package when it is submitted. Name of Bidder __________________________________________________ Name and the official position of the Milton Official to whom the campaign contribution was made (Please use a separate form for each official to whom a contribution has been made in the past two (2) years.) ________________________________________________________________ List the dollar amount/value and description of each campaign contribution made over the past two (2) years by the Applicant/Opponent to the named Milton Official. Amount/Value Description ________________ ___________________________________________ ________________ ___________________________________________ Please list any family member that is currently (or has been employed within the last 9 months) by the City of Milton and your relation: ________________ ___________________________________________ ___________________ ____________________________________________________ ITB 21-PW09 22 | Page PROJECT SPECIFICATIONS SCOPE OF WORK The City of Milton Public Works Department, (City), requests that interested parties submit formal sealed bids/proposals for the Path Removal and Trail Construction Project at the Former Milton Country Club. The scope of this project generally consists of the removing existing concrete cart paths and the construction of decomposed granite walking trails. LINK TO FINAL CONSTRUCTION PLANS: Final Construction Plans Path Removal and Trail Construction. https://www.cityofmiltonga.us/Home/ShowDocument?id=4610 Complete Removal and New Trail Construction (Total Project) - Removal of all concrete cart path referenced in the plans as project segments R1, R2, R3, R4, R5, D1, D2, D3, and D4 o Concrete cart path to be removed and properly disposed of offsite. o Backfill path area with suitable fill soil and permanent grass. o Backfill and smooth out any ruts or tire marks made during path removal and permanent grass in most cases using sod. o Path Removal that connects with Highgrove Road will need 2 10’ sections of 24” type 2 curb and gutter installed. - Construction of decomposed granite trail sections referenced in the plans as projects segments Trail 1, 2, 4 and 5 o Construction of new 10’ wide decomposed granite trail connections. o Construct concrete driveway aprons at the entrance to parking lot and at Highgrove Club Dr. o Construct 4 board horse fence along the frontage of Highgrove Club Dr and at other locations listed on the plan sheets. o Install storm drainpipe per plans and specifications. o Design Build an elevated wooden boardwalk. Bid Alternatives - The Contractor will be given multiple options to price that will complete different sections of the project. Each option will have varying amounts of trail removal and construction of new decomposed gravel trail ITB 21-PW09 23 | Page segments. Each option will have a corresponding plan sheet that will show the level of work necessary. The project specifications will not change between options. o Alternative 1 is the removal of segments R1, R2, and R4 and construction of segments Trail 1, 3, 4, 5, and 6. o Alternative 2 is the removal of segments R1, R2, R4, and R5 and construction of segments Trail 1, 3, 4, 5, and 7. o Alternative 3 is the removal of segments R1, R2, R3, and R4 and construction of segments Trail 1, 2, 4, 5, and 6. o Alternative 4 is the removal of segments R1, R2, R3, R4, and R5 and construction of segments Trail 1, 2, 4, 5, and 7. This project shall follow Georgia Department of Transportation Specifications. The most current GDOT Specifications and shelf Special Provisions apply to all work performed under this contract. In case of discrepancy between the unit price and the total price on the completed Bid Schedule, the unit price will prevail, and the total price will be corrected. To bid on this contract, the Contractor must be listed on the current Georgia Department of Transportation Pre-Qualified Contractors list. No exceptions. SPECIAL PROVISIONS All work associated with this contract shall meet the Georgia DOT standard specifications for construction materials, methods and procedures not specifically listed in this solicitation. The following are special provisions prepared specifically for this contract and may be in conflict with parts of the standard specifications. If conflicts are evident the special provisions shall take precedence over the standard specifications. Project plans were developed based on field run boundary survey and GIS 2-foot aerial topography. The maximum slope is 5% for the new trail. All elevations to be field verified in layout to ensure ADA compliance of design. Construction entrance/exit on Dinsmore Road may require the use of traffic control flaggers for safe ingress and egress of construction vehicles from the site ITB 21-PW09 24 | Page to the roadway. PROSECUTION AND PROGRESS The City desires to have all work completed by October 31, 2021. Please indicate on the Bid Sheet your projected response time and calendar days to complete the project. This information will be considered when awarding this contract. Construction shall begin no later than ten (10) calendar days following the Notice to Proceed. The Contractor will mobilize with sufficient forces such that all construction identified as part of this contract shall be substantially completed within the calendar days indicated on the Bid Schedule. Inclement weather days will not count against the available calendar days. Normal workday for this project shall be 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 City recognized holidays including Memorial Day, July 4th, Labor Day. Thanksgiving Day, and Christmas Day. The work will require bidder to provide all labor, administrative forces, equipment, materials and other incidental items to complete all required work. The City shall perform a Final Inspection upon completion of all work. The Contractor will be allowed to participate in the Final Inspection. All repairs shall be completed by the contractor at his expense prior to issuance of Final Acceptance. 10% retainage will be held from the total amount due the Contractor to the extent permitted by law. The Contractor shall provide all materials, labor, and equipment necessary to perform the work without delay unto completion. 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. DEVIATION OF QUANTITIES The quantities given are estimates only and will vary from those indicated. ITB 21-PW09 25 | Page 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. UTILITIES Contractor shall be responsible for coordinating any utility relocation necessary to the completion of the work. TEMPORARY TRAFFIC CONTROL The Contractor shall, at all times, conduct his work 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 control measures will be needed along the Dinsmore Road, Highgrove Road, and Highgrove Club Drive, frontages. Two-way traffic shall be maintained at all times unless otherwise specified or approved by the City. The Contractor shall furnish, install, and maintain all necessary and required barricades, signs, and other traffic control devices in accordance with the latest MUTCD and GDOT specifications, and take all necessary precautions for the protection of the workers and safety of the public. All personnel and equipment required for maintaining temporary traffic control, public convenience and safety will not be paid for separately and shall be incidental to other pay items. DECOMPOSED GRANITE TRAIL AND SHOULDER CONSTRUCTION Construction of decomposed granite trail sections referenced in the plans. The trail will be constructed as an ADA accessible trail with maximum vertical grade of 5%. The Contractor will build the trails according to plan and specifications. The trail cross section will consist two 4” lifts of GAB compacted to a 95% density to a depth of 8 inches and width of 10 feet. The trail surface will consist of two 2” lifts of ITB 21-PW09 26 | Page decomposed granite to a depth of 4” a width of 10’. The trail will be constructed on compacted subgrade which will be approved by the City before materials are added. All unsuitable materials shall be removed before adding any GAB. The shoulder area shall be top dressed with topsoil before grassing and all debris and rocks shall be removed. For slope and shoulder construction the Contractor can use materials harvested from the property. The Contractor will have the ability to take material from existing mounds along the trail. The Contractor will be responsible for establishing the proposed horizontal and vertical alignments necessary for establishing lines, slopes, and profile grades for proposed trail as well as centerline benchmarks for structures. The Contractor will set all stakes, templates, and other devices necessary to control the work. Contractor should maintain a 2% cross slope except in super elevated curve areas. This work shall be considered incidental and included in the bid price for other pay items. Contractor shall provide a smooth transition from the concrete surface to all decomposed gravel trail sections. CONCRETE PATH REMOVAL The Contractor will demo the existing concrete cart paths referenced in the plans as projects segments. The Contractor will follow the demo plans and remove the paths and properly dispose of the concrete. All remnants of concrete paths will be removed and cannot be used as hard fill anywhere on this project unless approved by City. Suitable fill will be used to fill the path voids. Fill can be used from other areas on the project or can be harvested from mounds existing on the property. Upon completion of path removal and backfill the area will be permanent grassed, and easement will be abandoned. Pricing for this line item will include all items called out in this provision. PROTECTION AND RESTORATION OF PROPERTY AND LANDSCAPE The Contractor shall be responsible for the preservation of all public and private property, crops, fishponds, trees, monuments, highway signs and markers, fences, grassed and sodded areas, 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 topsoil shall be placed in all disturbed areas before grassing. Contractor is ITB 21-PW09 27 | Page 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 will result in suspension of the work. 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. The Contractor will be responsible for constructing three (3) construction entrances for this project. There will also be tow (2) construction wet weather or wetlands crossing areas. Contractor will be responsible for constructing, maintaining, and removing these upon final acceptance. 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. ITB 21-PW09 28 | Page 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. ITB 21-PW09 29 | Page [BIDDERS MUST RETURN THESE SHEETS WITH BID RESPONSE] (12 PAGES) Bid Submittal Form Path Removal & Trail Construction: Former Milton Country Club 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 _______________________________________________________________________ **For the Bid Schedule on the following pages, fill out “Unit Price” column, “Total Amount” column and “Total Bid Price”. Actual price to the City will be based on actual quantity multiplied by the bid “Unit Price.” ITB 21-PW09 30 | Page [BIDDERS MUST RETURN THIS FORM WITH BID RESPONSE] BID SCHEDULE - PATH REMOVAL & TRAIL CONSTRUCTION: FORMER MILTON COUNTRY CLUB TOTAL BID ITEMS INDENTIFIED Pay Description Unit Quantity Unit Price TOTAL Item # 150- 1000 TRAFFIC CONTROL - LS 1 163- 0232 TEMPORARY GRASSING AC 12.5 163- 0300 CONSTRUCTION EXIT EA 3 163- 0240 MULCH TN 163- 0531 Construct and Remove Sediment Basin SD2 EA 1 163- 0550 CONSTRUCT AND REMOVE INLET SEDIMENT TRAP SD2-F EA 7 165- 0010 MAINTENANCE OF TEMPORARY SILT FENCE, TP A LF 1600 165- 0030 MAINTENANCE OF TEMPORARY SILT FENCE, TP C LF 14,350 165- 0101 MAINT OF CONSTRUCTION EXIT EA 3 167- 1000 WATER QUALITY MONITORING AND SAMPLING EA 2 167- 1500 WATER QUALITY INSPECTIONS MO 6 171- 0010 TEMP SILT FENCE, TP A LF 1600 171- 0030 TEMP SILT FENCE, TP C LF 14,350 210- 0100 GRADING COMPLETE LS 1 ITB 21-PW09 31 | Page 310- 6080 GR AGGR BASE CRS 8", INCL MATL TN 3300 318- 3000 DECOMPOSED GRANITE 4" TN 1650 441- 0016 DRIVEWAY CONCRETE, 6 IN TK SF 3827 441- 6012 CONC CURB & GUTTER, 6"X24", Tp 2 LF 40 500- 3800 CLASS A CONCTRETE, INCL REINF STEEL " HEADWALLS" CY 4 550- 1180 STORM DRAIN PIPE, 18 IN H 1-10 LF 45 550- 1480 STORM DRAIN PIPE, 48IN H 1-10 Stream Crossing LF 40 603- 1012 STN PLAIN RIP RAP, 12 IN Stream Crossing SY 100 603- 2181 STN DUMPED RIP RAP, TP 3, 18 IN SY 110 603- 2181 STN DUMPED RIP RAP, TP 3, 18 IN Channel Stabilization SY 175 603- 7000 PLASTIC FILTER FABRIC Channel Stabilization SY 175 610- 2815 REM CONC SIDEWALK SY 8250 611- 3000 RECONSTR CATCH BASIN, GROUP 1 Course stormwater repair EA 3 643- 8210 FOUR BOARD WOODEN FENCE WOVEN WIRE LF 500 643- 8210 FOUR BOARD FENCE GATE (10 FT WIDE) EA 2 668- 2100 DROP INLET GP1 LID ONLY EA 2 668- 2100 DROP INLET GP1 EA 3 668- 4300 STROM SEWER MANHOLE TP1 LID ONLY EA 1 ITB 21-PW09 32 | Page 700- 6910 PERMANENT GRASSING AC 12.5 700- 9300 SOD SY 27,000 716- 2000 EROSION CONTROL MATS, SLOPES SY 860 DESIGN AND CONSTRUCT WOODEN BOARDWALK LF 50 SUB TOTAL BID ESTIMATE MISCELLANEOUS CONSTRUCTION $ 100,000.00 BID TOTAL Total Bid for Path Removal & Trail Construction Project: Former Milton Country Club Total Price: $_________________________________________ Print Bid Price ____________________________________________ Number of days to complete project: __________________________________ ITB 21-PW09 33 | Page [BIDDERS MUST RETURN THIS FORM WITH BID RESPONSE] ALT 1 BID ITEMS INDENTIFIED Pay Description Unit Quantity Unit Price TOTAL Item # 150- 1000 TRAFFIC CONTROL - LS 1 163- 0232 TEMPORARY GRASSING AC 7 163- 0300 CONSTRUCTION EXIT EA 2 163- 0240 MULCH TN 163- 0529 CONSTRUCT AND REMOVE HAY BALES EA 18 163- 0531 Construct and Remove Sediment Basin SD2 EA 1 163- 0550 CONSTRUCT AND REMOVE INLET SEDIMENT TRAP EA 4 165- 0010 MAINTENANCE OF TEMPORARY SILT FENCE, TP A LF 900 165- 0101 MAINT OF CONSTRUCTION EXIT EA 2 167- 1000 WATER QUALITY MONITORING AND SAMPLING EA 2 167- 1500 WATER QUALITY INSPECTIONS MO 6 171- 0010 TEMP SILT FENCE, TP A LF 900 171- 0030 TEMP SILT FENCE, TP C LF 3550 210- 0100 GRADING COMPLETE LS 1 310- 6080 GR AGGR BASE CRS 8", INCL MATL TN 1600 ITB 21-PW09 34 | Page 318- 3000 DECOMPOSED GRANITE 4" TN 800 441- 0016 DRIVEWAY CONCRETE, 6 IN TK SF 3600 550- 1480 STORM DRAIN PIPE, 48IN H 1-10 Stream Crossing LF 20 603- 1012 STN PLAIN RIP RAP, 12 IN Stream Crossing SY 50 603- 2181 STN DUMPED RIP RAP, TP 3, 18 IN Channel Stabilization SY 175 603- 7000 PLASTIC FILTER FABRIC Channel Stabilization SY 175 610- 2815 REM CONC SIDEWALK SY 2400 611- 3000 RECONSTR CATCH BASIN, GROUP 1 Course stormwater repair EA 3 668- 2100 DROP INLET GP1 LID ONLY EA 2 668- 2100 DROP INLET GP1 EA 2 668- 4300 STROM SEWER MANHOLE TP1 LID ONLY EA 1 700- 6910 PERMANENT GRASSING AC 7 700- 9300 SOD SY 4500 716- 2000 EROSION CONTROL MATS, SLOPES SY 630 DESIGN AND CONSTRUCT WOODEN BOARDWALK LF 50 SUB TOTAL BID ESTIMATE MISCELLANEOUS CONSTRUCTION $ 100,000.00 BID ALT 1 BID TOTAL ITB 21-PW09 35 | Page ALT 2 BID ITEMS IDENTIFIED 150- 1000 TRAFFIC CONTROL - LS 1 210- 0100 GRADING COMPLETE LS 1 310- 6080 GR AGGR BASE CRS 8", INCL MATL TN 2200 318- 3000 DECOMPOSED GRANITE 4" TN 1100 441- 0016 DRIVEWAY CONCRETE, 6 IN TK SF 3600 610- 2815 REM CONC SIDEWALK SY 3750 550- 1480 STORM DRAIN PIPE, 48IN H 1-10 LF 40 603- 1012 STN PLAIN RIP RAP, 12 IN SY 100 603- 2181 STN DUMPED RIP RAP, TP 3, 18 IN SY 175 603- 7000 PLASTIC FILTER FABRIC SY 175 163- 0232 TEMPORARY GRASSING AC 8.5 163- 0300 CONSTRUCTION EXIT EA 3 163- 0240 MULCH TN 163- 0531 Construct and Remove Sediment Basin SD2 EA 1 163- 0550 CONSTRUCT AND REMOVE INLET SEDIMENT TRAP EA 4 163- 0550 CONSTRUCT AND REMOVE INLET SEDIMENT TRAP EA 4 165- 0010 MAINTENANCE OF TEMPORARY SILT FENCE, TP A LF 900 165- 0030 MAINTENANCE OF TEMPORARY SILT FENCE, TP AC LF 7400 ITB 21-PW09 36 | Page 165- 0101 MAINT OF CONSTRUCTION EXIT EA 2 167- 1000 WATER QUALITY MONITORING AND SAMPLING EA 2 167- 1500 WATER QUALITY INSPECTIONS MO 6 171- 0010 TEMP SILT FENCE, TP A LF 900 171- 0030 TEMP SILT FENCE, TP C LF 7400 668- 2100 DROP INLET GP1 LID ONLY EA 1 668- 2100 DROP INLET GP1 EA 1 668- 4300 STROM SEWER MANHOLE TP1 LID ONLY EA 1 700- 6910 PERMANENT GRASSING AC 8.5 700- 9300 SOD SY 9400 716- 2000 EROSION CONTROL MATS, SLOPES SY 630 SUB TOTAL BID ESTIMATE MISCELLANEOUS CONSTRUCTION $ 100,000.00 BID ALT 2 BID TOTAL ALT 3 BID ITEMS INDENTIFIED 150- 1000 TRAFFIC CONTROL - LS 1 163- 0232 TEMPORARY GRASSING AC 11 163- 0300 CONSTRUCTION EXIT EA 2 163- 0240 MULCH TN 163- 0531 Construct and Remove Sediment Basin SD2 EA 1 ITB 21-PW09 37 | Page 163- 0550 CONSTRUCT AND REMOVE INLET SEDIMENT TRAP SD2-F EA 7 165- 0010 MAINTENANCE OF TEMPORARY SILT FENCE, TP A LF 1600 165- 0030 MAINTENANCE OF TEMPORARY SILT FENCE, TP AC LF 3700 165- 0101 MAINT OF CONSTRUCTION EXIT EA 2 167- 1000 WATER QUALITY MONITORING AND SAMPLING EA 2 167- 1500 WATER QUALITY INSPECTIONS MO 6 171- 0010 TEMP SILT FENCE, TP A LF 1600 171- 0030 TEMP SILT FENCE, TP C LF 3700 210- 0100 GRADING COMPLETE LS 1 310- 6080 GR AGGR BASE CRS 8", INCL MATL TN 2850 318- 3000 DECOMPOSED GRANITE 4" TN 1425 441- 0016 DRIVEWAY CONCRETE, 6 IN TK SF 3827 500- 3800 CLASS A CONCTRETE, INCL REINF STEEL " HEADWALLS" CY 4 550- 1180 STORM DRAIN PIPE, 18 IN H 1-10 LF 45 550- 1480 STORM DRAIN PIPE, 48IN H 1-10 Stream Crossing LF 20 603- 1012 STN PLAIN RIP RAP, 12 IN Stream Crossing SY 50 603- 2181 STN DUMPED RIP RAP, TP 3, 18 IN SY 110 603- 2181 STN DUMPED RIP RAP, TP 3, 18 IN Channel Stabilization SY 175 ITB 21-PW09 38 | Page 603- 7000 PLASTIC FILTER FABRIC Channel Stabilization SY 175 610- 2815 REM CONC SIDEWALK SY 4100 611- 3000 RECONSTR CATCH BASIN, GROUP 1 Course stormwater repair EA 3 643- 8210 FOUR BOARD WOODEN FENCE LF 500 643- 8210 FOUR BOARD FENCE GATE (10 FT WIDE) EA 2 668- 2100 DROP INLET GP1 LID ONLY EA 2 668- 2100 DROP INLET GP1 EA 3 668- 4300 STROM SEWER MANHOLE TP1 LID ONLY EA 1 700- 6910 PERMANENT GRASSING AC 11 700- 9300 SOD SY 5700 716- 2000 EROSION CONTROL MATS, SLOPES SY 860 DESIGN AND CONSTRUCT WOODEN BOARDWALK LF 50 SUB TOTAL BID ESTIMATE MISCELLANEOUS CONSTRUCTION $ 100,000.00 BID ALT 3 BID TOTAL ALT 4 BID ITEMS INDENTIFIED 150- 1000 TRAFFIC CONTROL - LS 1 163- 0232 TEMPORARY GRASSING AC 12 163- 0300 CONSTRUCTION EXIT EA 3 ITB 21-PW09 39 | Page 163- 0240 MULCH TN 163- 0531 Construct and Remove Sediment Basin SD2 EA 1 163- 0550 CONSTRUCT AND REMOVE INLET SEDIMENT TRAP SD2-F EA 7 165- 0010 MAINTENANCE OF TEMPORARY SILT FENCE, TP A LF 1600 165- 0030 MAINTENANCE OF TEMPORARY SILT FENCE, TP C LF 11,100 165- 0101 MAINT OF CONSTRUCTION EXIT EA 3 167- 1000 WATER QUALITY MONITORING AND SAMPLING EA 2 167- 1500 WATER QUALITY INSPECTIONS MO 6 171- 0010 TEMP SILT FENCE, TP A LF 1600 171- 0030 TEMP SILT FENCE, TP C LF 11,100 210- 0100 GRADING COMPLETE LS 1 310- 6080 GR AGGR BASE CRS 8", INCL MATL TN 3300 318- 3000 DECOMPOSED GRANITE 4" TN 1650 441- 0016 DRIVEWAY CONCRETE, 6 IN TK SF 3827 500- 3800 CLASS A CONCTRETE, INCL REINF STEEL " HEADWALLS" CY 4 550- 1180 STORM DRAIN PIPE, 18 IN H 1-10 LF 45 550- 1480 STORM DRAIN PIPE, 48IN H 1-10 Stream Crossing LF 40 603- 1012 STN PLAIN RIP RAP, 12 IN Stream Crossing SY 100 ITB 21-PW09 40 | Page 603- 2181 STN DUMPED RIP RAP, TP 3, 18 IN SY 110 603- 2181 STN DUMPED RIP RAP, TP 3, 18 IN Channel Stabilization SY 175 603- 7000 PLASTIC FILTER FABRIC Channel Stabilization SY 175 610- 2815 REM CONC SIDEWALK SY 5500 611- 3000 RECONSTR CATCH BASIN, GROUP 1 Course stormwater repair EA 3 643- 8210 FOUR BOARD WOODEN FENCE LF 500 643- 8210 FOUR BOARD FENCE GATE (10 FT WIDE) EA 2 668- 2100 DROP INLET GP1 LID ONLY EA 2 668- 2100 DROP INLET GP1 EA 3 668- 4300 STROM SEWER MANHOLE TP1 LID ONLY EA 1 700- 6910 PERMANENT GRASSING AC 12 700- 9300 SOD SY 10,400 716- 2000 EROSION CONTROL MATS, SLOPES SY 860 DESIGN AND CONSTRUCT WOODEN BOARDWALK LF 50 SUB TOTAL BID ESTIMATE MISCELLANEOUS CONSTRUCTION $ 100,000.00 BID ALT 4 BID TOTAL ITB 21-PW09 41 | 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 ITB 21-PW09 42 | Page OF MILTON 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 ITB 21-PW09 43 | Page the reputation of the Bidder, his financial responsibility, and work of this type successfully completed. “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 ITB 21-PW09 44 | Page be accepted. 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 ITB 21-PW09 45 | Page Contract bonds shall be executed in quadruplicate.” 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 ITB 21-PW09 46 | Page 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. 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-PW09 47 | 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 ~ “EXHIBIT B” HOME OF M4 aar MAUTr OF UPE N GEC!'C MILTON11r?. MILTON INVITATION TO BID �:4Tnn!.ss s i is n rnoc, (I HIS IS NOT AN ORDER) Bid Number: Project Name: 21-PW09 Path Removal & Trail Construction: Former Milton Country Club Due Date and Time: Public Works Department April 27, 2021 Number of Pages: 113 Local Time: 2:00pm Milton, GA 30004 ISSUING DEPARTMENT INFORMATION Issue Date: March 25, 2021 City of Milton Phone: 678-242-2500 Public Works Department Fax: 678-242-2494 2006 Heritage Walk Website: www.cityofmiltonga.us Milton, GA 30004 Rebecca Martin President I CFO INSTRUCTIONS TO BIDDERS Electronic Submittal: **Bids must be Mark Face of Envelope/Package: submitted electronically via Milton's Bid Number: 21-PW09 BidNet procurement portal/platform at Name of Company or Firm www. cityofmiltongo. us (Ale se print name and sign in ink) Special Instructions: Rebecca Martin President I CFO If you have not registered as a vendor Deadline for Written Questions via BidNet we encourage you to April 15, 2021 at 5:00 pm register. There is no cost to join, and Bidder E-mail Address: you will be notified of any potential bid Submit questions online via the BidNet opportunities with the City of Milton as Direct procurement portal at well as other agencies who are part of www.cityofmi1ton9a.us the Georgia Purchasing Group. BIDDERS MUST COMPLETE THE FOLLOWING Bidder Name/Address: Aut , arized Bidder Signatory: Tri Scopes, Inc. 1595 Peachtree Parkway, Suite 204-396 Cumming, Georgia 30041 (Ale se print name and sign in ink) Rebecca Martin President I CFO Bidder Phone Number: Bidder FAX Number: 770-752-4698 770-752-6792 Bidder Federal LID. Number: Bidder E-mail Address: 58-2077615 rmartin@triscapes.com BIDDERS MUST RETURN THIS COVER SHEET WITH BID RESPONSE ITB 21-PWo9 1 I Page KA IL-ON T ES-rABLESIEED I406 [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-PW09 Path Removal & Trail Construction: Former Milton Country Club 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-PWD9 13 ) 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 Five percent of Dollars ($ (Five Percent of Amount Bid). total bid If this bid shall be accepted by the City of Milton and the undersigned shall fail to execute a satisfactory contract in the form of said proposed Contract, and give satisfactory Performance and payment Bands, 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. 1 (Q&A) Date viewed 04119/2021 Bidder further declares that the full name and resident address of Bidder's Principal is as follows: Signed, sealed, and dated this 27th Bidder Mailing Address: TO Scopes, Inc. day of April 20 21 �.�';�CAPj s7 1, 1595 Peachtree Parkway, Suite 204-396 Cumming. Georgia 30041 Signature. Print Name: •' 4- .••..i . •. t Bidder Tri Scopes, Ind (Saa .•uQ� or"r. b Company Named L . s t i w � 11111111111 Rebecca Martin Title: President I CFO ITB 21-PW09 14 1 Page MILTON*%k ESTAK 151 [ E D 2WO [BIDDERS MUST RETURN THESE SHEETS WITH BID RESPONSE] BID BOND CITY OF MILTON, GEORGIA BIDDER (Name and Address): Tri Scapes, lrlc, 1595 Peachtree Pkwy #204-396, Cumming GA 30041 SURETY (Name and Address of Principal Place of Business): Hartford Fire Insurance Company One Hartford Plaza, Hartford, Connecticut 06155 OWNER (hereinafter referred to as the "City" (Name and Address): City of Milton, Georgia ATTN: Purchasing Office 2006 Heritage Walk Milton, Georgia 30004 BID BID DUE DATE: 04/27/2021 PROJECT (Brief Description Including Location): Path Removal & Trail Construction BOND BOND NUMBER: n1a DATE ( Not later that Bid due date): 0412712021 PENAL SUM: Five Percent of Bid _ — 5% (Words) (Figures) IN WITNESS WHEREOF, Surety ond'INdder, intending to be legally bound hereby to the City, subject to the terms pt60l6�.qn the reverse side hereof, do each cause this Bid Bond to be duly Ne�ddcdpqjo a le half by its authorized officer, agent or representative. :` ``' BIDDER SUREfY Tri Scapes, Inc. ''•,'L � ' ; I) �.` Ha40r/J1sura ce Com eal) Bidder'�Name and Corpgfa a'Sealkw011% Surety'i NdrvWan4jV4wrqrf5I Signature and Title: Pre--i-lc-fl &60 Attest: y ITB 21-PWO9 By: I ZL4-'(Cf:� SignckJe and Title. risty Lackey, Attorney In Fact (Attach Power of Attorney) IN ntavlt4j Attest: 1 15 1 P a g e Signature and Title: Signature and Title: 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 Bidden 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 gid 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 Band will be due and payable upon Default by Bidder within 30 calendar days after receipt by Bidder and Surety of a written Notice of Default from the City, which Notice will be given with reasonable promptness and will identify this Bond and the Project and include a statement of the amount due. 5. Surety waives notice of, as well as any and all defenses based on or arising out of, any time extension to issue a Notice of Award agreed to in writing by the City and Bidder. provided that the total time, including extensions, for issuing a Notice of Award shall not in the aggregate exceed 120 days from Bid due date without Surety's written consent. 6. No suit or action shall be commenced under this Bond either prior to 30 calendar days after the Notice of Default required in paragraph 4 above is received by Bidder and Surety or later than one year after Bid due date. 7. Any suitor action under this Bond shall be commenced only in a court of competent jurisdiction located in the State of Georgia. ITB 21--PWO9 16 1 Page 8. Notices required hereunder shall be in writing and sent to Bidder and Surety at their respective addresses shown on the face of this Bond. Such notices may be sent by personal delivery, commercial courier or by United States Registered or Certified Mail, return receipt requested, postage pre -paid, and shall be deemed to be effective upon receipt by the party concerned 9, Surety shall cause to be attached to this Bond a current and effective Power of Attorney evidencing the authority of the officer, agent or representative who executed this Bond on behalf of Surety to execute, seal and deliver such Bond and bind the Surety thereby. 10. This Band 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. Q. The terms of this Bid Bond shall be governed by the laws of the State of Georgia. ITB 21-PW09 17 1 P a g e KNOW ALL PERSONS BY THESE PRESENTS THAT: Agency Name; POINTENORTH INSURANCE GROUP LLC A !p Code: 20-262197 Hartford Fire Insurance Company, a corporation duly organized under the lativs of the State of'Connecticut L IJ Hanford Casualty Insurance Company, a corporation duly organized under the laws of the State of Indiana Hartford Accident and Indemnity Company, a corporation duly organized under the laws of the State of Connecticut Hartford Underwriters Insurance Company, a corporation duly organized under the laws of the State of Connecticut Twin City Firs} Insurance Company, a corporation duly organized under the laws of the State of Indiana Hartford Insurance Company of Illinois, a corporation duly organized under the laws of the Stale of Illinois 0 Hartford Insurance Company of the Midwest, a corporation duly organized under the laws of the State of Indiana Hartford Insurance Company of the Southeast, a corporation duly organized under the laws of the State of Florida having their home office in Hartford, up to the amount of unlimited as Marilyn Brown, Keith H. Dillon, Christy Lackey, John Langsfeld, Fred R. Mitchell, William H. Skeeles, Rita L. Smith, Carolyp F. Smith of ATLANTA, Georgia and appoint., their true and lawful Attorneys) -in -Fact, each in their separate capacity if more than one is named above, to sign its name as surety(ies) only as delineated above by ®, and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. In Witness Whereof, and as authorized by a Resolution of the Board of Directors of the Companies on May 6, 2015 the Companies have caused these presents to be signed by its Senior Vice President and its corporate seals to be hereto affixed, duly attested by its Assistant Secretary. Further, pursuant to Resolution of the Board of Directors of the Companies, the Companies hereby unambiguously affirm that they are and will be bound by any mechanically applied signatures applied to this Power of Attorney. ;A 71 z 1Y7q 797Q16 A - //P 1, Y? �' John Gray, Assistant Secretary STATE OF CON NEC11CUi- SS. Hartford COUNTY OF HARTFORD M. Ross Fisher, Senior Vice President On this 5th day of January, 2018, before me personally came M- Ross Fisher, to me known, who being by me duly swam, did depose and say: that he resides in the County of Hartford, State of Connecticut; that he is the Senior lice President of the Companies, the corporations described in and which executed the above instrument; that he knows the seals of the said corporations; that the seals affixed to the said instrument are such corporate seals; that they were so affixed by authority of the Boards of Directors of said corporations and that he signed his name thereto by like authority. �,,X T.ily}� * SatWeen T. Maynard t4owy Public CERTIFICATE My Commission Expires July 31, 2021 1, the undersigned, Assistant Vice President of the Companies, DO HEREBY CERTIFY that the above and foregoing is a true and correct copy of the Power of Attomey executed by said Companies, which is still in full force effective as of 04/27/2021 Signed and sealed at the City of Hartford. YYt •r ��+,l1ry-i{moi 4 �HMr �!••s•"Yeari, � ids i MAMA �%R409_-" Kevin Heckman, Assistant Vice President Direct Inqulrles/Clat'ms to: THE HARTFORD 'OWER OF ATTORNEY BOND, T-12 Plaza HanfOnia ord, C n°ecticu 05155 Bond. Ciaims(atha hurt ford, tam calf: 888.266 -MO orfax_ 860-757-5885 KNOW ALL PERSONS BY THESE PRESENTS THAT: Agency Name; POINTENORTH INSURANCE GROUP LLC A !p Code: 20-262197 Hartford Fire Insurance Company, a corporation duly organized under the lativs of the State of'Connecticut L IJ Hanford Casualty Insurance Company, a corporation duly organized under the laws of the State of Indiana Hartford Accident and Indemnity Company, a corporation duly organized under the laws of the State of Connecticut Hartford Underwriters Insurance Company, a corporation duly organized under the laws of the State of Connecticut Twin City Firs} Insurance Company, a corporation duly organized under the laws of the State of Indiana Hartford Insurance Company of Illinois, a corporation duly organized under the laws of the Stale of Illinois 0 Hartford Insurance Company of the Midwest, a corporation duly organized under the laws of the State of Indiana Hartford Insurance Company of the Southeast, a corporation duly organized under the laws of the State of Florida having their home office in Hartford, up to the amount of unlimited as Marilyn Brown, Keith H. Dillon, Christy Lackey, John Langsfeld, Fred R. Mitchell, William H. Skeeles, Rita L. Smith, Carolyp F. Smith of ATLANTA, Georgia and appoint., their true and lawful Attorneys) -in -Fact, each in their separate capacity if more than one is named above, to sign its name as surety(ies) only as delineated above by ®, and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. In Witness Whereof, and as authorized by a Resolution of the Board of Directors of the Companies on May 6, 2015 the Companies have caused these presents to be signed by its Senior Vice President and its corporate seals to be hereto affixed, duly attested by its Assistant Secretary. Further, pursuant to Resolution of the Board of Directors of the Companies, the Companies hereby unambiguously affirm that they are and will be bound by any mechanically applied signatures applied to this Power of Attorney. ;A 71 z 1Y7q 797Q16 A - //P 1, Y? �' John Gray, Assistant Secretary STATE OF CON NEC11CUi- SS. Hartford COUNTY OF HARTFORD M. Ross Fisher, Senior Vice President On this 5th day of January, 2018, before me personally came M- Ross Fisher, to me known, who being by me duly swam, did depose and say: that he resides in the County of Hartford, State of Connecticut; that he is the Senior lice President of the Companies, the corporations described in and which executed the above instrument; that he knows the seals of the said corporations; that the seals affixed to the said instrument are such corporate seals; that they were so affixed by authority of the Boards of Directors of said corporations and that he signed his name thereto by like authority. �,,X T.ily}� * SatWeen T. Maynard t4owy Public CERTIFICATE My Commission Expires July 31, 2021 1, the undersigned, Assistant Vice President of the Companies, DO HEREBY CERTIFY that the above and foregoing is a true and correct copy of the Power of Attomey executed by said Companies, which is still in full force effective as of 04/27/2021 Signed and sealed at the City of Hartford. YYt •r ��+,l1ry-i{moi 4 �HMr �!••s•"Yeari, � ids i MAMA �%R409_-" Kevin Heckman, Assistant Vice President VA' 1 7 0�1 UTAOLISHM 200( [BIDDERS MUST RETURN THIS FORM WITH BID RESPONSE] QUALIFICATIONS SIGNATURE AND CERTIFICATION I certify that this offer is made without prior understanding, agreement, or connection with any corporation, firm, or person submitting a proposal for the some materials, supplies, equipment, or services and is in all respects fair and without collusion or fraud. I understand collusive bidding is a violation of State and Federal Low 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 Titl%,32,C apter 4, Article 4, Part 2 and Sections X15-10-20 et seq. have not been violated awill t be violat d 'n any respect. Authorized Signature - + . J C� Date 04/27/2021 Print/Type Name Rebecca Martin Print/Type Company Name Here Tri Scapes, Inc. CORPORATE CERTIFICATE Assistant Mitzi J. Chambers certify that I am the Secretary of the Corporation named as Contractor in the foregoing bid; that Rebecca Martin who signed said bid in behalf of the Contractor, was then (title)_. President I CFO 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 �ir11�rSrr�rrQr This, 27th day of ApriL-k46111 �`•. K.iALa"-ue-) I5ea R ' 1 (Signa ) ITB 21-PW09 ���'' r,;��,���'`"**` 18 Page M*94 1 ESTABI15EIED 2046 [BIDDERS MAST RETURN THIS FORM WITH BID RESPONSE] LIST OF SUBCONTRACTORS I do x , do not , propose to subcontract some of fhe work on this project. I propose to Subcontract work to the following subcontractors: The Erosion Company Company Name: Tri Scapes, Inc. ITB 21-P WO9 19 1 Page RR M 1 TONJ%� ESt'NSLIStIEr] di146 [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: 123889 eVerify Number 06/02/2008 Date of Authorization Tri Scopes, Inc. Name of Contractor Path Removal 8, Trail Construction: Former Milton Country Club Name of Project City of Milton. Georgia Nome of Public Employer I hereby declare under penalty of perjury that the foregoing is true and correct. Executed on 04 , 27, 20 21 in Cumming_ (city), GA (state). Signature of Authorized Officer or Agent Rebecca Martin, President I CFO PriItedame and Title of Authorized Officer or SUBSCRIBED AND SWORN BEFORE ME ON THISITHE 27th DAY OF And —120-2-1. ITB21-PW09 20 1 Page -N41 LTO ESTABU511U) 2005 [BIDDERS MUST RETURN THIS FORM WITH BID RESPONSE] DISCLOSURE FORM This form is for disclosure of campaign contributions and family member relations with City of Milton officials/employees. Please complete this form and return as part of your bid package when it is submitted. Name of Bidder Tri Scopes, Inc. Name and the official position of the Milton Official to whom the campaign contribution was made (Please use a separate form for each official to whom a contribution has been made in the past two (2) years.) None Dist 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 None 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: 21516W ITB 21-PW09 21 1 Page amltT(—)N%� FS AISLISHED 2006 [BIDDERS MUST RETURN THESE SHEETS WITH BID RESPONSE] (12 PAGES) Bid Submittal Form Path Removal & Trail Construction: Former Milton Country Club 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 points) within the time specified in the Bid Schedule. COMPANY Tri Scapes, Inc. FAIa]91 1595 Peachtree Pai AUTHORIZED SIGNATUR PRINT / TYPE NAME , Suite 204-396, Gumming, Georgia 30041 Rebecca Martin TITLE President CFQ **For the Bid Schedule on the following pages, fill out "Unit Price" column, "Total Amount" column and "Total Sid Price". Actual price to the City will be based on actual quantity multiplied by the bid "Unit Price." ITB 21-PW09 29 1 Page NA 1 1 -.,To T ES ADLISHED2004 [BIDDERS MUST RETURN THIS FORM WITH DID RESPONSE] BID SCHEDULE - PATH REMOVAL & TRAIL CONSTRUCTION: FORMER MILTON COUNTRY CLUB TOTAL BID ITEMS INDENTIFIED Pay it Description Unit Quantity TOTAL Item # Price 150 TRAFFIC CONTROL - LS 1 $ 3,000.00 $ 3,000.00 1000 163- TEMPORARY GRASSING AC 12.5 $ 1,140.00 $ 14.250.00 0232 163- CONSTRUCTION EXIT EA 3 $ 2,040.00 $ 6,120.00 0300 163 MULCH TN 1 $ 466.80 $ 466.80 0240 163- Construct and Remove EA 1 $ 6,000.00 $ 6,000.00 0531 Sediment Basin SD2 163 CONSTRUCT AND REMOVE INLET EA 7 $ 264.00 $ 1,848.00 0550 SEDIMENT TRAP SD2-F MAINTENANCE OF 165- TEMPORARY SILT LF 1600 $ 0.90 $ 1,440.00 0010 FENCE, TP A MAINTENANCE OF 165 0030 TEMPORARY SILT LF 14,350 $ 1,$0 $ 25,830.00 FENCE, TP C 165- MAINT OF EA 3 $ 450.00 $ 1,350.00 0101 CONSTRUCTION EXIT WATER QUALITY 167 1000 MONITORING AND EA 2 $ 1,080.00 $ 2,160.00 SAMPLING 167- WATER QUALITY MO 6 $ 450.00 $ 2.700.00 1500 INSPECTIONS 171- TEMP SILT FENCE, TP A LP 1600 $ 2.16 $ 3,456.00 0010 171 TEMP SILT FENCE, TP C LF 14,350 4.30 $ 61,705.00 0030 210- GRADING COMPLETE LS 1 $142,000.0$ 142,000.00 0100 ITB 21-PW09 30 1 Page 310- GR AGGR BASE CRS 8", TN 3300 39.66 $ 130,878.00 6080 INCL MATY $ 318- DECOMPOSED TN 1650 $ 60.00 $ 99,000.00 3000 GRANITE 4" 441- DRIVEWAY CONCRETE, SF 3827 $ 10.59 $ 40,527.93 0016 6 IN TK 441- CONC CURB & GUTTER, 1.F 40 26.25 $ 1,050.00 6012 6"X24", Tp 2 $ CLASS A CONCTRETE, 500 INCL REINF STEEL " CY 4 $ 2,015.63 $ 8,062.52 3800 HEADWALLS" 550- STORM DRAIN PIPE, 18 LF 45 $ 56.25 $ 2,531.25 1180 IN H 1-10 STORM DRAIN PIPE, 550- 48IN H 1-10 Stream LF 40 $ 198.75 $ 7:950.00 1480 Crossing 603- STN PLAIN RIP RAP, 12 SY 100 $ 28.59 $ 2,859.00 1012 IN Stream Crossing 603- STN DUMPED RIP RAP, SY 110 $ 46.88 $ 5,156.80 2181 TP 3, 18 IN STN DUMPED RIP RAP, 603- TP 3, 18 IN Channel SY 175 $ 60.00 $ 10,500.00 2181 Stabilization 603- PLASTIC FILTER FABRIC SY 175 16.88 $ 2,954.00 7000 Channel Stabilization $ 610- REM CONC SIDEWALK SY 8250 $ 4.88 $ 40,260.00 2815 RECONSTR CATCH 611- BASIN, GROUP 1 EA 3 $ 2,625.00 $ 7,875.00 3000 Course stormwater repair FOUR BOARD 643- WOODEN FENCE LF 500 $ 50.63 $ 25,315.00 8210 WOVEN WIRE 643- FOUR BOARD FENCE EA 2 $ 1,800.00 $ 3,600.00 8210 GATE (10 FT WIDE) 668- DROP INLET GPI LID EA 2 $ 2,156.25 $ 4,312.50 2100 ONLY 668- DROP INLET GPI EA 3 $ 3,600.84 $ 10,802.52 2100 668- STROM SEWER MANHOLE TP1 LID EA 1 $ 5,400.00 $ 5,400.00 4300 ONLY ITB 21-PWO9 31 1 Page 700+ PERMANENT GRASSING AC 12.5 $ 1,440.00 $ 18,000.00 6910 700- SOD SY 27,000 $ 5.21 $ 140,670,00 4300 716- EROSION CONTROL SY 860 $ 1.80 $ 1,548.00 2000 MATS, SLOPES DESIGN AND CONSTRUCT WOODEN LF 50 $ 558.00 $ 27,900.00 BOARDWALK SUB TOTAL BID ESTIMATE $ 869,478.32 MISCELLANEOUS CONSTRUCTION $ 100,000,00 BID TOTAL $ 969,478.32 Total Bid for Path Removal & Trail Construction Project: Former Milton Country Club Total Price: $ 969,478.32 Print Bid Price Nine hundred sixty-nine thousand, four hundred seventy-eight and 32/100 dollars Number of days to complete project: 180 calendar days ITB 21-PWD9 32 1 Page M.1110N'*�k Es-777141rD 2556 [BIDDERS MUST RETURN THIS FORM WITH BID RESPONSE] ALT 1 BID ITEMS INDENTIFIED Pay it Description Unit Quantity Price TOTAL Item # 150- TRAFFIC CONTROL - LS 1 3,000.00 $ 3,000.00 1000 163- TEMPORARY GRASSING AC 7 1,140.00 $ 7,980.00 0932 165 -CONSTRUCTION EXIT EA 2 2,040.00 $ 4,080.00 0300 163 MULCH TN 1 466.80 $ 466.80 0240 163- CONSTRUCT AND 0529 REMOVE HAY BALES EA 18 $ 348.00 $ 6,264.00 Consirict and 163- Remove Sediment EA 1 6,000.00 $ 6,000.00 0531 Basin SD2 CONSTRUCT AND 163- REMOVE INLET EA 4 264.00 $ 1,056.00 0550 SEDIMENTTRAP 165- MAINTENANCE OF 0010 TEMPORARY SILT LF 900 0.90 $ $10,00 FENCE, TP A 165- MAINT OF EA 2 450.00 $ 900.00 0101 CONSTRUCTION EXIT 167- WATER QUALITY 1000 MONITORING AND EA 2 1,080.00 $ 2,160.00 SAMPLING 167- WATER QUALITY MO 6 450.00 $ 2,700.00 1500 INSPECTIONS 171 TEMP SILT FENCE, TP A LF 900 2.16 $ 1,944.00 0010 171- TEMP SILT FENCE, TP C LF 3550 4.30 $ 15,265.00 0030 210- GRADING COMPLETE LS 1 68,080.00 $ 68,080.00 0100 310- GR AGGR BASE CRS 8", TN 1600 39.66 $ 63,456.00 6080 INCL MATL ITB 21-PW09 33 1 Page 318- DECOMPOSED 3000 GRANITE 4" TN 800 60.00 $ 48,000.00 441- DRIVEWAY CONCRETE, SF 3600 10.59 $ 38,124.00 0016 6 IN TK 550 STORM DRAIN PIPE, 48IN H 1-10 Stream LF 20 $ 198.75 $ 3,975.00 1480 Crossing 603. STN PLAIN RIP RAP, 12 SY 50 $ 28.59 $ 1,429.50 1012 IN Stream Crossing STN DUMPED RIP RAP, 403 TP 3, 16 IN Channel SY 175 60.00 $ 10,500.00 2181 Stabilization 603- PLASTIC FILTER FABRIC SY 175 16.88 $ 2,954.00 7000 Channel Stabilization 610 REM CONC SIDEWALK SY 2400 4.88 $ 11,712.00 2-815 RECONSTR CATCH 611- BASIN, GROUP 1 EA 3 2,625,00 $ 7,875.00 3000 Course stormwater repair 668- DROP INLET GPI LID EA 2 2,156.25 $ 4,312.50 2100 ONLY 666- DROP INLET GPI EA 2 3,600.84 $ 7,201.68 2100 668 STROM SEWER MANHOLE TP 1 LID EA 1 5,400.00 $ 5,400.00 4300 ONLY 700- 6910 PERMANENT GRASSING AC 7 1,440.00 $ 10,080.00 700- SOD SY 4500 5.21 $ 23,445.00 9300 716- EROSION CONTROL SY 630 1.80 $ 1,134.00 2000 MATS, SLOPES DESIGN AND CONSTRUCT WOODEN LF 50 $ 558.00 $ 27,900.00 BOARDWALK SUB TOTAL $ID ESTIMATE $ 388,204.48 MISCELLANEOUS $ l 00,000.00 CONSTRUCTION BID ALT I BID TOTAL $ 488,204.48 ITB 21-PWQ9 34 1 Page ALT 2 SID ITEMS IDENTIFIED 150 1000 TRAFFIC CONTROL - LS 1 3,000.00 $ 3,000.00 210- GRADING COMPLETE LS 1 93,602.00 $ 93,602.00 0100 310- GR AGGR BASE CRS 8!'o 6080 INCL MATL TN 2200 39.66 $ 87,252.00 318- DECOMPOSED TN 1100 $ 60.00 $ 66,000.00 3000 GRANITE 4" 441- DRIVEWAY CONCRETE, SF 3600 $ 10.59 $ 38,124.00 0016 6 IN TK 610- REM CONC SIDEWALK SY 3750 $ 4.88 $ 18,300.00 2815 550- STORM DRAIN PIPE, LF 40 $ 198.75 $ 7,950.00 1480 481N H 1-10 603- STN PLAIN RIP RAP, 12 1012 IN SY 100 28.59 $ 2,859.00 603- STN DUMPED RIP RAP, SY 175 46.88 $ 8,204.00 2181 TP 3, 18 IN 603 7000 PLASTIC FILTER FABRIC SY 175 16.88 $ 2,954.00 163- 0232 TEMPORARY GRASSING AC 8.5 $ 1,194.00 $ 10.149.00 163 CONSTRUCTION EXIT EA 3 2,040.00 $ 6,120.00 0300 163- MULCH TN 1 466.80 $ 466.80 0240 Construct and 163- Remove Sediment EA 1 6.000.00 $ 6,000.00 0531 Basin SD2 163 CONSTRUCT AND 0550 REMOVE INLET EA 4 264.00 $ 1,056.00 SEDIMENT TRAP CONSTRUCT AND 163- REMOVE INLET FA 4 264.00 $ 1,056.00 0550 SEDIMENT TRAP 165- MAINTENANCE OF 0010 TEMPORARY SILT LF 900 0.90 $ 810.00 FENCE, TP A 165_ MAINTENANCE OF 0030 TEMPORARY SILT LF 7400 1.80 $ 13,320,00 FENCE, TP AC ITB 21-PW09 35 1 Page 165- MAINT OF EA 2 450.001$ 900.00 0101 CONSTRUCTION EXIT TRAFFIC CONTROL - LS 1 3,000.00 $ 3,000.00 WATER QUALITY TEMPORARY GRASSING AC 11 1,140.00 167- MONITORING AND EA 2 1,080.00 $ 2,160.00 1000 SAMPLING 167- WATER QUALITY MO 6 450.00 $ 2,700.00 1500 INSPECTIONS 171 TEMP SILT FENCE, TP A LF 900 2.16 $ 1,944.00 0010 163- Remove Sediment EA 1 6.000.00 171 TEMP SILT FENCE, TP C LF 7400 4.30 $ 31,820.00 0030 668- DROP INLET GPI LID EA 1 2,156.25 $ 2,156.25 2100 ONLY 668- 2100 DROP INLET GP1 EA 1 3,600.84 $ 3,600.84 668- STROM SEWER 4300 MANHOLE TPI LID EA 1 5,400.00 $ 5,400.00 ON I -Y 700- PERMANENT GRASSING AC 8.5 $ 1,440.00 $ 12,240.00 6910 700- SOD SY 9400 5,21 $ 4$,974.00 9300 716- EROSION CONTROL SY 630 1.80 $ 1,134.00 2000 MATS, SLOPES SUB TOTAL BID ESTIMATE $ 480,251.89 MISCELLANEOUS CONSTRUCTION $ l aa,0aa.0a BID ALT 2 BID TOTAL $ 580,251.89 ALT 3 BID ITEMS 1NDENTIFIED 150- 1000 TRAFFIC CONTROL - LS 1 3,000.00 $ 3,000.00 163- 0232 TEMPORARY GRASSING AC 11 1,140.00 $ 12,540.00 163- CONSTRUCTION EXIT EA 2 2,040.00 $ 4,080.00 0300 163- MULCH TN 1 466.80 $ 466,80 0240 Construct and 163- Remove Sediment EA 1 6.000.00 $ 6,000.00 0531 Basin SD2 1TB 21-PW09 36 1 Page ITB 21-PW09 37 1 Page CONSTRUCT AND 163, REMOVE INLET EA 7 264.00 $ 1,848.00 0550 SEDIMENT TRAP SD2-F MAINTENANCE OF 165- TEMPORARY SILT LF 1600 0.90 $ 1,440.00 0010 FENCE, TP A MAINTENANCE OF 165 0030 TEMPORARY SILT LF 3700 1,80 $ 6,660.00 FENCE, TP AC 166- MAINT OF EA 2 450.00 $ 900,00 0101 CONSTRUCTION EXIT WATER QUALITY 167 MONITORING AND EA 2 1,080.00 $ 2,160.00 1000 SAMPLING 167- WATER QUALITY MO g 450.00 $ 2,700.00 1500 INSPECTIONS 171 TEMP SILT FENCE, TP A LF 1600 2.16 $ 3,456.00 0010 171- TEMP SILT FENCE, TP C i.F 3700 4.30 $ 15,910.00 0030 210- GRADING COMPLETE I_S 1 $ 1 16,802.00 $ 116,802.00 0100 310- GR AGGR BASE CRS 8", TN 2850 $ 39.66 $ 113,031.00 6080 INCL MATL 318- DECOMPOSED TN 1425 60,00 $ 85,500.00 3000 GRANITE 4" 441- DRIVEWAY CONCRETE, SF 3€321 10.59 $ 40,527.93 0016 6 IN TK 500 CLASS A CONCTRETE, INCL REINF STEEL " CY 4 2,015.63 $ 8,062.52 3800 HEADWALLS" 550- STORM DRAIN PIPE, 18 LF 45 46.88 $ 2,109.60 1180 IN H 1-10 550_ STORM DRAIN PIPE, 14BO 481N H 1-]0 Stream LF 20 $ 198.75 $ 3,975.00 Crossing 603- STN PLAIN RIP RAP, 12 SY 50 28.59 $ 1,429.50 1012 IN Stream Crossing 603- STN DUMPED RIP RAP, SY 110 46.88 $ 5,156.80 2181 TP 3, 18 IN STN DUMPED RIP RAP, 603- TP 3, 181N Channel SY 175 60.00 $ 10,500,00 2181 Stabilization ITB 21-PW09 37 1 Page 603- PLASTIC FILTER FABRIC SY 175 $ 16.88 $ 2,954.00 7000 Channel Stabilization 610- REM CONC SIDEWALK SY 4100 $ 4.88 $ 20,008.04 2815 0232 RECONSTR CATCH CONSTRUCTION EXIT EA 3 2,040.00 611- BASIN, GROUP 1 3000 Course stormwater EA 3 $ 2,625.00 $ 7,875.00 repair 643- FOUR BOARD LF 500 $ 50.63 $ 25,315.00 8210 WOODEN FENCE 643- FOUR BOARD FENCE 8210 GATE f 1 FT WIDE) EA 2 $ 1,800.00 $ 3,600.00 668- DROP INLET GPI LID EA 2 $ 2,156.25 $ 4,312,50 2100 ONLY 668 DROP INLET GPI EA 3 $ 3,600,84 $ 10,802.52 2100 STROM SEWER 668- MANHOLE TPI LID :EA 1 $ 5,400.00 $ 5,400,00 4300 ONLY 700 PERMANENT GRASSING AC 11 $ 1,440.00 $ 15,840.00 6910 700- SOD SY 5700 $ 5.21 $ 29,697.00 9300 716- EROSION CONTROL SY 860 $ 1.80 $ 1,548.00 2000 MATS, SLOPES DESIGN AND CONSTRUCT WOODEN LF 50 $ 558.00 $ 27,900.00 BOARDWALK SUBTOTAL BID ESTIMATE $ 603,507.17 MISCELLANEOUS $ 100,000.00 CONSTRUCTION BID ALT 3 BID TOTAL $ 703.507.17 ALT 4 BID ITEMS INDENTIFIED 150- TRAFFIC CONTROL - LS 1 3,000.00 $ 3.000.00 1000 163- TEMPORARY GRASSING AC 12 1,140.00 $ 13,680.00 0232 163, 0300 CONSTRUCTION EXIT EA 3 2,040.00 $ 6,120.00 ITB 21-PW09 38 1 Page 163- MULCH TN 1 $ 466.80 $ 466.80 0240 Construct and 163 Remove Sediment EA 1 $ 6,000.00 $ 6,000.00 0531 Basin SD2 CONSTRUCT AND 163- REMOVE INLET EA 7 264.00 $ 1,848.00 0550 SEDIMENT TRAP SD2-F MAINTENANCE OF 165- TEMPORARY SILT LF 1600 0.90 $ 1,440.00 0010 FENCE, TP A MAINTENANCE OF 165- TEMPORARYSILT LF 11,100 $ 1.80 $ 19,980.00 0030 FENCE, TP C 165- MAINT OF EA 3 450.00 $ 1.350.00 0101 CONSTRUCTION EXIT WATER QUALITY 167 1000 MONITORING AND EA 2 1,080,00 $ 2,160.00 SAMPLING 167- WATER. QUALITY MO 6 450.00 $ 2,700.00 1500 INSPECTIONS 171- TEMP SILT FENCE, TP A LF 1600 2.16 $ 3,456.00 0010 171 TEMP SILT FENCE, TP C LF 11,100 $ 4.30 $ 47,730.00 0030 210- GRADING COMPLETE LS ] $141,817.00 $ 141,817.00 0100 310- GR AGGR BASE CRS 8". TN 3300 39.66 $ 130,878.00 6080 INCL MATL 318- DECOMPOSED TN 1650 60.00 $ 99,000.00 3000 GRANITE 4" 441- DRIVEWAY CONCRETE, SF 3827 10.59 $ 40,527.93 0016 6 IN TK CLASS A CONCTRETE, 500 INCL REIN STEEL" CY 4 $ 2,015.63 $ 8,062.52 3800 HEADWALLS" 550- STORM DRAIN PIPE, 18 LF 45 56.25 $ 2531.25 1180 IN H 1-10 STORM DRAIN PIPE, 550 481N H 1-10 Stream LF .40 $ 198.75 $ 7,950.00 1480 Crossin 603- STN PLAIN RIP RAP, 12 SY 100 $ 28.59 $ 2,859.00 1012 IN Stream Crossing ITB 21-PWO9 39 1 Page 603- STN DUMPED RIP RAP, SY 110 $ 46.88 $ 5,156.80 2181 TP 3. 18 IN 603_ STN DUMPED RIP RAP, TP 3, 18 IN Channel SY 175 $ 60.00 $ 10,500.00 2181 Stabilization 603- PLASTIC FILTER FABRIC SY 175 $ 16.88 $ 2,954.00 7000 Channel Stabilization 610• REM CONC SIDEWALK SY 5500 $ 4.88 $ 26,840.00 2815 RECONSTR CATCH 611- BASIN, GROUP 1 EA 3 $ 2,625.00 $ 7,875.00 3000 Course stormwater re air 643- FOUR BOARD LF 500 $ 50.63 $ 25,315.00 8210 WOODEN FENCE 643- FOUR BOARD FENCE EA 2 $ 1.800.00 3.600.00 8210 GATE (10 FT WIDE) 668- DROP INLET GPI LID EA 2 $ 2,156.25 $ 4,312.50 2100 ONLY 668- DROP INLET GPI EA 3 $ 3,600.84 $ 10,802.54 2100 STROM SEWER 668- MANHOLETPI LID EA 1 $ 5,400.00 $ 5,400.00 4300 ONLY 700- PERMANENT GRASSING AC 12 $ 1,440.00 $ 17,280.00 6910 700- 9300 SOD SY 10,400 $ 5.21 $ 54,184.00 716- EROSION CONTROL SY 860 $ 1.80 $ 1,548.00 2000 MATS, SLOPES DESIGN AND CONSTRUCT WOODEN LF 50 $ 558.00 $ 27,900.00 BOARDWALK SUB TOTAL BID ESTIMATE $ 747,224.32 MISCELLANEOUS $ 100,000.00 CONSTRUCTION BID ALT 4 BID TOTAL $ 847,224.32 ITB 21-PW09 40 1 Page “EXHIBIT C” See Exhibit “A” No add alternates have been selected. “EXHIBIT D.1” PERFORMANCE BOND CITY OF MILTON, GEORGIA KNOW ALL MEN BY THESE PRESENTS THAT Tri Scapes, Inc. (as CONTRACTOR, hereinafter referred to as the “Principal”), and _____________________ (as SURETY COMPANY, hereinafter referred to as the “Contractor’s Surety”), are held and firmly bound unto City of Milton, Georgia (as OWNER, hereinafter referred to as the “City”), for the use and benefit of the City, in the sum of Nine Hundred Sixty-nine Thousand, Four Hundred Seventy-eight Dollars and Thirty-two Cents ($969,478.32), 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 Path Removal & Trail Construction: Former Milton County Club (hereinafter referred to as “the Project”), which agreement is incorporated herein by reference in its entirety (hereinafter referred to as the “Contract”). NOW THEREFORE, the conditions of this obligation are as follows: 1. That if the Principal shall fully and completely perform each and all of the terms, provisions and requirements of the Contract, including and during the period of any warranties or guarantees required thereunder, and all modifications, amendments, changes, deletions, additions, and alterations thereto that may hereafter be made, and if the Principal and the Contractor’s Surety shall indemnify and hold harmless the City from any and all losses, liability and damages, claims, judgments, liens, costs and fees of every description, including but not limited to, any damages for delay, which the City may incur, sustain or suffer by reason of the failure or default on the part of the Principal in the 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. CONTRACTOR (“Principal”): Tri Scapes, Inc. 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 D.2” PAYMENT BOND CITY OF MILTON, GEORGIA KNOW ALL MEN BY THESE PRESENTS THAT Tri Scapes, Inc. (as CONTRACTOR, hereinafter referred to as the “Principal”), and _______________________ (as SURETY COMPANY, hereinafter referred to as the “Contractor’s Surety”), are held and firmly bound unto 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 Nine Hundred Sixty-nine Thousand, Four Hundred Seventy-eight Dollars and Thirty-two Cents ($969,478.32), 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 Path Removal & Trail Construction: Former Milton Country Club (hereinafter referred to as “the Project”), which agreement is incorporated herein by reference in its entirety (hereinafter referred to as the “Contract”). NOW THEREFORE, the condition of this obligation is such that if the Principal shall promptly make payment to any Claimant, as hereinafter defined, for all labor, services, and materials used or reasonably required for use in the performance of the Contract, then this obligation shall be void; otherwise to remain in full force and effect. A “Claimant” shall be defined herein as any subcontractor, person, party, partnership, corporation, or other entity furnishing labor, services, or materials used or reasonably required for use in the performance of the Contract, without regard to whether such labor, services, or materials were sold, leased, or rented, and without regard to whether such Claimant is or is not in privity of the Contract with the Principal or any subcontractor performing work on the Project. In the event of any claim made by the Claimant against the City, or the filing of a lien against the property of the City affected by the Contract, the Contractor’s Surety shall either settle or resolve the Claim and shall remove any such lien by bond or otherwise as provided in the Contract. The parties further expressly agree that any action on this Bond may be brought within the time allowed by Georgia law for suit on contracts under seal. IN WITNESS WHEREOF, the Principal and Contractor’s Surety have hereunto affixed their corporate seals and caused this obligation to be signed by their duly authorized officers, as set forth below. [SIGNATURES ON FOLLOWING PAGE] CONTRACTOR: Tri Scapes, Inc. By: __________________________ (signature) __________________________ (printed) Title: __________________________ (SEAL) Date: __________________________ Attest: ______________________ (signature) ______________________ (printed) Title: _________________ Date:__________________ CONTRACTOR’S SURETY: _________________________ By: _________________________ (signature) _________________________ (printed) Title: _________________________ (SEAL) Date: __________________________ Attest: _____________________ (signature) _____________________ (printed) Title: ________________ Date:_________________ (ATTACH SURETY’S POWER OF ATTORNEY) “EXHIBIT D.3” MAINTENANCE BOND CITY OF MILTON, GEORGIA KNOW ALL MEN BY THESE PRESENTS THAT Tri Scapes, Inc. (as CONTRACTOR, hereinafter referred to as the “Principal”), and _________________________ (as SURETY COMPANY, hereinafter referred to as the “Contractor’s Surety”), are held and firmly bound unto the City of Milton, Georgia (as OWNER, hereinafter referred to as the “City”), for the use and benefit of the City for maintenance of improvements as described below in the sum of ________________________________________________ ($_________________________) (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 Path Removal & Trail Construction: Former Milton Country Club (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) years beginning on the date of final completion of the Project, repair and replace any defects arising from the Project in accordance with all applicable federal and state laws, with the Agreement, and with all applicable City regulations, including but not limited to the Code of Ordinances for the City of Milton, Georgia, in force as of the date of said approval. NOW THEREFORE, the conditions of this obligation are as follows: 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”): Tri Scapes, Inc. 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 Forsyth Rebecca Martin , being first duly sworn, deposes and says that: (1) He is PresidentjCFO (Owner, Partner, Officer, Representative, or Agent) of Tri Scapes, Inc. (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). j SUBSCRIBED AND SWORN BEFORE Signaturko�f Authorized Officer or Agent ME ON THIS THE 24th DAY OF Rebecca Martin, PresidentjCFO Mav 12021 . Printed Name and Title of Authorized Officer or — 2 Agent otat Y SEAL}s' CJ “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 Forsyth "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: 123689 Federal Work Authorization User Identification Number 06/02/2008 Date of Authorization Tri Scapes, Inc. Name of Contractor Path Removal & Trail Construction: Former Milton Country Club 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 May 24, 20 21 in Cumming (city), GA(stat ). Sig re of Authorized Officer or Agent Rebecca Martin, PresidentJCFO Printed Name and Title of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE 24th DAY OF “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 Tri Scapes, Inc. on behalf of the City of Milton has registered with, is authorized to use, and uses the federal work authorization program commonly known as E-Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91. Furthermore, the undersigned subcontractor will continue to use the federal work authorization program throughout the contract period, and the undersigned subcontractor will contract for the physical performance of services in satisfaction of such contract only with sub- subcontractors who present an affidavit to the subcontractor with the information required by O.C.G.A. § 13-10-91(b). Additionally, the undersigned subcontractor will forward notice of the receipt of an affidavit from a sub-subcontractor to the contractor within five (5) business days of receipt. If the undersigned subcontractor receives notice that a sub-subcontractor has received an affidavit from any other contracted sub-subcontractor, the undersigned subcontractor must forward, within five (5) business days of receipt, a copy of the notice to the contractor. Subcontractor hereby attests that its federal work authorization user identification number and date of authorization are as follows: _________________________________ Federal Work Authorization User Identification Number _________________________________ Date of Authorization _________________________________ Name of Subcontractor Path Removal & Trail Construction: Former Milton Country Club 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 H” The plans incorporated by reference in Exhibit “A” are incorporated herein by reference. Final Construction Plans Path Removal and Trail Construction. https://www.cityofmiltonga.us/Home/ShowDocument?id=4610 “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, and (2) Permitted Incomplete Work that will be completed by the date agreed upon by the Parties. 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” Reserved “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: June 1, 2021 FROM: Steven Krokoff, City Manager AGENDA ITEM: Approval of Grant Funding from the State of Georgia Criminal Justice Coordinating Council (CJCC)for Use of Force and De- escalation Training. MEETING DATE: Monday, June 7, 2021 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 June 7, 2021 X X To: Honorable Mayor and City Council Members From: Rich Austin, Chief of Police Date: Submitted on June 1, 2021 for the June 7, 2021 City Council Meeting Agenda Item: Approval of Grant Funding from the State of Georgia Criminal Justice Coordinating Council (CJCC) for Use of Force and De- escalation Training. _____________________________________________________________________________________ Department Recommendation: Approval. Executive Summary: On January 29, 2021, the Criminal Justice Coordinating Council (CJCC) announced they were accepting applications from state and local law enforcement agencies to support scenario-based, hands-on training for law enforcement officers in use of force or de-escalation. The Milton Police Department submitted a grant request under this program. The Milton Police Department sought funding for two training initiatives: 1. Use of Force/De-escalation Virtual Simulator- The purchase of a use of force/de- escalation simulator will provide the training opportunity for officers to conduct continuous use of force and de-escalation training. These simulators allow the instructor to control the scenarios so officers can focus on de-escalation tactics to diffuse potential use of force situations. 2. Defensive Tactics Training- While working with a community partner, it is our intent to provide defensive tactics training through a local martial arts gym. This training will also align with the departments wellness program by providing physical fitness training. Overall, the training will enhance officers’ defensive tactics to reduce officer and suspect injury through the use of proper techniques, thus minimizing the level of force needed to be employed. On May 25, 2021, the police department received notice that it had been awarded a grant in the amount of $119,323 to fund these initiatives. This grant award is effective June 1, 2021 until June 30, 2022. Page 2 of 3 This consent agenda item is a request for the approval to accept the grant funds. Funding and Fiscal Impact: This grant has no matching fund requirements. The police department will be reimbursed for expenses incurred related to this grant. Alternatives: Not accept grant funds Legal Review: Ken Jarrard – Jarrard & Davis (May 27, 2021) Concurrent Review: Steve Krokoff, City Manager Attachment(s): Award Letter Page 3 of 3 CITY COUNCIL AGENDA ITEM TO: City Council DATE: June 1, 2021 FROM: Steven Krokoff, City Manager AGENDA ITEM: Approval of Subdivision Plat and Revision MEETING DATE: Monday, June 7, 2021 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 June 7, 2021 X To: Honorable Mayor and City Council Members From: Robert Buscemi, Community Development Director Date: Submitted on June 1, 2021 for the June 7, 2021 Regular Council Meeting Agenda Item: Approval of Subdivision Plat and Revision ____________________________________________________________________________ Department Recommendation: To approve the subdivision related plats as stated below. Executive Summary: The Milton Subdivision Regulations require that the Mayor and City Council approve all Final Plats, final Plat Re-recording, Revisions and Minor Plats once the matter has been reviewed and certified by the Community Development Director in accordance with the Subdivision Regulations. 1. The minor plat for Big Ten Farm described herein consists of a 4.303-acre parcel located on Hopewell Road to be subdivided into 2 tracts. The size of Tract 1 will contain 2.746 acres and Tract 2 will contain 1.557 acres. Funding and Fiscal Impact: None. Alternatives: Do not approve. Legal Review: None – not required. Concurrent Review: Steven Krokoff, City Manager Consent Agenda Plats Staff Memo Page 2 of 5 Attachment(s): Plat List, Location Map, Plats Name of Development / Location Action Comments / # lots Total Acres Density 1. Big Ten Farm 2535 & 2545 Hopewell Road LL 678 Dist. 2 Sect. 2 Minor Plat Subdividing one parcel into 2 Tracts 4.303 Acres 1.46 Lots / Acre Consent Agenda Plats Staff Memo Page 3 of 5 Big Ten Farm Consent Agenda Plats Staff Memo Page 4 of 5 Big Ten Farm Consent Agenda Plats Staff Memo Page 5 of 5 Big Ten Farm CITY COUNCIL AGENDA ITEM TO: City Council DATE: June 1, 2021 FROM: Steven Krokoff, City Manager AGENDA ITEM: Proclamation Recognizing the Milton Police Department Chief’s Advisory Board for Excellence in Service to Our Community MEETING DATE: Monday, June 7, 2021 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: __________ June 7, 2021 X X X Recognition of the Milton Police Department Chief’s Advisory Board for Excellence in Service to Our Community WHEREAS, the City of Milton Police Department understands the vital importance of engaging with our community; and WHEREAS, the City of Milton Police Department invites regular and meaningful dialogue with a wide cross-section of citizens who – through their contribution – can help the Department best fulfill its mission vision, and values; and WHEREAS, as part of efforts to be proactive and innovative in its engagement, the Milton Police Department implemented a Chief’s Advisory Board; and WHEREAS, the Milton Police Chief’s Advisory Board has provided critical feedback and acted as a sounding board for the Chief of Police in matters of police initiatives and activities; and WHEREAS, members of the Milton Police Chief’s Advisory Board serve as ambassadors for the Milton Police Department to facilitate accurate, meaningful communication; WHEREAS, this relationship can serve efforts to reduce and prevent crime, to protect life and property, and to enhance the quality of life in Milton; and WHEREAS, Chief’s Advisory Board volunteers have given freely of their time and perspective in order to help the Chief of Police fulfill the Department’s goal of continual exceptional service to our citizens. NOW, THEREFORE, we, the Mayor and City Council of the City of Milton, hereby proclaim and recognize the Milton Police Department Chief’s Advisory Board members for their selfless volunteer service to our police department and our community. Given under our hand and seal of the City of Milton, Georgia on this _____ Day of June, 2021 _________________________________ Joe Lockwood, Mayor CITY COUNCIL AGENDA ITEM TO: City Council DATE: June 1, 2021 FROM: Steven Krokoff, City Manager AGENDA ITEM: Consideration of a text amendment RZ21-05 – Sec. 64-Article XIX Crabapple Form Based Code, 6-1 Definitions, Table 9 (As it relates to breweries/distilleries). MEETING DATE: Monday, June 7, 2021 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: __________ June 7, 2021 X X X X To: Honorable Mayor and City Council Members From: Robert Buscemi, Community Development Director Date: Submitted on May 18, 2021 for First Presentation on the May 24, 2021 and Zoning Agenda on the June 7, 2021 Regular City Council Meetings Agenda Item: Consideration of a text amendment RZ21-05 - Sec. 64-Article XIX Crabapple Form Based Code, 6-1 Definitions, Table 9 (As it relates to breweries/distilleries) _____________________________________________________________________________________ Department Recommendation: Approval Executive Summary: For purposes on this memo, when “brewery” is used, it is meant to include breweries, micro-breweries, distilleries, and micro-distilleries. When the Crabapple Form-Based Code was written, the growth of the brewery industry was not anticipated. As Milton has grown and developed, we have been approached by multiple breweries that would like to create a footprint in our city. We are presenting a way to allow breweries on most lots currently zoned for commercial development while ensuring proper oversight and not creating undue hardship for the new businesses. We recommend adding breweries, micro-breweries, distilleries, and micro-distilleries as definitions in the Crabapple Form-Based Code and Uses allowed by Warrant in the in zones T4-Open and T5 (see chart and maps below). Applicants would be required to submit the same information and pay the same fees as if they were applying for an administrative variance. The Warrant process ensures the professional oversight of the Community Development Director and gives he/she the responsibility to determine if the Use and land is appropriate. By making it a Warrant versus by a Primary Variance that is heard before the Board of Zoning Appeals, you remove the burden of a longer process and consideration of uses that are different than variance considerations. Recommended additions are in red on the respective charts below: Crabapple Form-Based Code – Table 9 d. Retail T2 T3 T4-R T4 T4-O T5 Where qualified, all uses licensed and/or permitted under chapter 4 R R R f. Other: Industrial T2 T3 T4-R T4 T4-O T5 Manufacturing W Micro-breweries and Micro-distilleries W W Breweries and Distilleries W W Recommended additional definitions are in red: 6.1 - DEFINITIONS Brewery means a domestic manufacturing facility for beer that is licensed by the state. Provided licenses are issued as required by the state and this chapter, a brewery is authorized to sell beer by the package or by the drink and to operate flight tastings on- premises of the brewery pursuant to state law. Distillery means a domestic manufacturing facility for distilled spirits that is licensed by the state. Provided that licenses are issued as required by this chapter, a distiller/distillery is authorized to sell distilled spirits by the package, by the drink and to operate flight tastings on-premises of the distillery as provided for and subject to the limitations of state law. Micro-brewery means a small-scale establishment in which not more than 15,000 barrels of craft beer are manufactured or brewed in a calendar year. Microbreweries sell to the public through wholesalers or directly to the consumer through carry-out package and/or on-site tap-room or tasting room sales. Microbreweries must comply with state law restrictions related to the quantities of alcoholic beverages that may be sold directly to the consumer at retail. Micro-distillery means a small-scale establishment in which not more than 15,000 barrels of distilled spirits are manufactured in a calendar year. Micro-distilleries sell to the public through wholesalers or directly to the consumer through carry-out package and/or on- site tasting room sales. Micro-distilleries must comply with state law restrictions related to the quantities of alcoholic beverages that may be sold directly to the consumer at retail. Below is a timeline of our process: • February 17 – Presentation at the Regular City Council Meeting • March 23 – CZIM • April 28 - Planning Commission – unanimous recommendation to approve • May 24 – First Presentation at Regular City Council Meeting Funding and Fiscal Impact: Potential increase in revenue as we create new opportunities for businesses to open in Milton. Alternatives: None. Legal Review: Paul Frickey, Jarrard & Davis – May 17, 2021 Concurrent Review: Steve Krokoff, City Manager Attachment(s): Redline RZ21-05 – Crabapple Ordinance RZ21-05 - Crabapple STATE OF GEORGIA ORDINANCE____ COUNTY OF FULTON RZ21-05 AN ORDINANCE TO AMEND SEC. 64-ARTICLE XIX CRABAPPLE FORM BASED CODE 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 June 7, 2021 at 6:00 p.m. as follows: SECTION 1. That the amendment of Sec. 64-Article XIX – Table 9, and 6-1 Definitions, to include breweries, micro-breweries, distilleries, and micro-distilleries as permitted uses 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 7th day of June, 2021. ____________________________________ Joe Lockwood, Mayor Attest: ___________________________ Tammy Lowit, City Clerk Prepared by the Economic Development Department for the City of Milton Mayor and City Council Meeting on June 7, 2021 (First Presentation on May 24, 2021) 5/19/2021 Page 1 of 2 RZ21-05 RZ21-05 TABLE 9: - Specific Function and Use (Crabapple Form Based Code) This table expands the categories of Table 8 to delegate specific Functions and uses within Transect Zones. R: ALLOWED BY RIGHT W: ALLOWED BY WARRANT U: ALLOWED BY USE PERMIT f. OTHER: INDUSTRIAL T2 T3 T4-R T4 T4-O T5 Heavy Industrial Facility Light Industrial Facility W Manufacturing W Micro-breweries and Micro-distilleries W W W Breweries and Distilleries W W W Catering R R Laundry and Dry Cleaning Distribution Center R Research Laboratory W Water Supply Facility Sewer and Waste Facility Electric Substation W W W W W W Telecommunications See Sec. 54 of the Code of the City of Milton Cremation Facility Warehouse Landscaping, Lawn Service R R Produce Storage Recycling Center 8 W Prepared by the Economic Development Department for the City of Milton Mayor and City Council Meeting on June 7, 2021 (First Presentation on May 24, 2021) 5/19/2021 Page 2 of 2 RZ21-05 Mini-Storage 6.1 - DEFINITIONS Brewery means a domestic manufacturing facility for beer that is licensed by the state. Provided licenses are issued as required by the state and this chapter, a brewery is authorized to sell beer by the package or by the drink and to operate flight tastings on-premises of the brewery pursuant to state law. Distillery means a domestic manufacturing facility for distilled spirits that is licensed by the state. Provided that licenses are issued as required by this chapter, a distiller/distillery is authorized to sell distilled spirits by the package, by the drink and to operate flight tastings on-premises of the distillery as provided for and subject to the limitations of state law. Micro-brewery means a small-scale establishment in which not more than 15,000 barrels of craft beer are manufactured or brewed in a calendar year. Microbreweries sell to the public through wholesalers or directly to the consumer through carry-out package and/or on-site tap-room or tasting room sales. Microbreweries must comply with state law restrictions related to the quantities of alcoholic beverages that may be sold directly to the consumer at retail. Micro-distillery means a small-scale establishment in which not more than 15,000 barrels of distilled spirits are manufactured in a calendar year. Micro-distilleries sell to the public through wholesalers or directly to the consumer through carry-out package and/or on-site tasting room sales. Micro- distilleries must comply with state law restrictions related to the quantities of alcoholic beverages that may be sold directly to the consumer at retail. CITY COUNCIL AGENDA ITEM TO: City Council DATE: June 1, 2021 FROM: Steven Krokoff, City Manager AGENDA ITEM: Consideration of a Text Amendment RZ21-06 - Sec. 64-Article XX Deerfield Form Based Code, 6-1 Definitions, Table 10 (As it relates to breweries/distilleries) MEETING DATE: Monday, June 7, 2021 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 June 7, 2021 X X X To: Honorable Mayor and City Council Members From: Robert Buscemi, Community Development Director Date: Submitted on May 18, 2021 for First Presentation on the May 24, 2021 and Zoning Agenda on the June 7, 2021 Regular City Council Meetings Agenda Item: Consideration of a Text Amendment RZ21-06 - Sec. 64-Article XX Deerfield Form Based Code, 6-1 Definitions, Table 10 (As it relates to breweries/distilleries) _____________________________________________________________________________________ Department Recommendation: Approval Executive Summary: For purposes on this memo, when “brewery” is used, it is meant to include breweries, micro-breweries, distilleries, and micro-distilleries. When the Deerfield Form-Based Code was written, the growth of the brewery industry was not anticipated. As Milton has grown and developed, we have been approached by multiple breweries that would like to create a footprint in our city. We are presenting a way to allow breweries on most lots currently zoned for commercial development while ensuring proper oversight and not creating undue hardship for the new businesses. We recommend adding breweries, micro-breweries, distilleries, and micro-distilleries as definitions in the Deerfield Form-Based Code and Uses allowed by Warrant in the in zones T4-Open, T5, and T6 (see chart and maps below). Applicants would be required to submit the same information and pay the same fees as if they were applying for an administrative variance. The Warrant process ensures the professional oversight of the Community Development Director and gives he/she the responsibility to determine if the Use and land is appropriate. By making it a Warrant versus by a Primary Variance that is heard before the Board of Zoning Appeals, you remove the burden of a longer process and consideration of uses that are different than variance considerations. Recommended additions are in red on the respective charts below: Deerfield Form-Based Code – Table 10 d. Retail T2 T3 T4 T4-P T4-O T5 T6 Where qualified, all uses licensed and/or permitted under chapter 4 R R R R R f. Other: Industrial T2 T3 T4-R T4 T4-O T5 T6 Manufacturing Micro-breweries and Micro-distilleries W W W Breweries and Distilleries W W W Recommended additional definitions are in red: 6.1 - DEFINITIONS Brewery means a domestic manufacturing facility for beer that is licensed by the state. Provided licenses are issued as required by the state and this chapter, a brewery is authorized to sell beer by the package or by the drink and to operate flight tastings on- premises of the brewery pursuant to state law. Distillery means a domestic manufacturing facility for distilled spirits that is licensed by the state. Provided that licenses are issued as required by this chapter, a distiller/distillery is authorized to sell distilled spirits by the package, by the drink and to operate flight tastings on-premises of the distillery as provided for and subject to the limitations of state law. Micro-brewery means a small-scale establishment in which not more than 15,000 barrels of craft beer are manufactured or brewed in a calendar year. Microbreweries sell to the public through wholesalers or directly to the consumer through carry-out package and/or on-site tap-room or tasting room sales. Microbreweries must comply with state law restrictions related to the quantities of alcoholic beverages that may be sold directly to the consumer at retail. Micro-distillery means a small-scale establishment in which not more than 15,000 barrels of distilled spirits are manufactured in a calendar year. Micro-distilleries sell to the public through wholesalers or directly to the consumer through carry-out package and/or on- site tasting room sales. Micro-distilleries must comply with state law restrictions related to the quantities of alcoholic beverages that may be sold directly to the consumer at retail. Below is a timeline of our process: • February 17 – Presentation at the Regular City Council Meeting • March 23 – CZIM • April 28 - Planning Commission – unanimous recommendation to approve • May 24 – First Presentation at Regular City Council Meeting Funding and Fiscal Impact: Potential increase in revenue as we create new opportunities for businesses to open in Milton. Alternatives: None. Legal Review: Paul Frickey, Jarrard & Davis – May 17, 2021 Concurrent Review: Steve Krokoff, City Manager Attachment(s): Redline RZ21-06 – Deerfield Ordinance RZ21-06 - Deerfield STATE OF GEORGIA ORDINANCE____ COUNTY OF FULTON RZ21-06 AN ORDINANCE TO AMEND SEC. 64-ARTICLE XX DEERFIELD FORM BASED CODE 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 June 7, 2021 at 6:00 p.m. as follows: SECTION 1. That the amendment of Sec. 64-Article XX Deerfield Form Based Code, 6-1 Definitions, Table 10, to include breweries, micro-breweries, distilleries, and micro-distilleries as permitted uses 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 7th day of June, 2021. ____________________________________ Joe Lockwood, Mayor Attest: ___________________________ Tammy Lowit, City Clerk Prepared by the Economic Development Department for the City of Milton Mayor and City Council Meeting on June 7, 2021 (First Presentation on May 24, 2021) 5/19/2021 Page 1 of 2 RZ21-06 RZ21-06 Table 10: - Specific Function and Use. This table expands the categories of Table 9 to delegate specific Functions and uses within Transect Zones. Additionally, the use allowances and requirements in Article IX (Administrative Permits and Use Permits) apply to this Article. R: ALLOWED BY RIGHT W: ALLOWED BY WARRANT U: ALLOWED BY USE PERMIT f. OTHER: INDUSTRIAL T2 T3 T4-R T4 T4-O T5 T6 Heavy Industrial Facility Light Industrial Facility Manufacturing Micro-breweries and Micro-distilleries W W W Breweries and Distilleries W W W Catering R R R Laundry and Dry Cleaning Distribution Center Research Laboratory W W Water Supply Facility W W W W W W W Sewer and Waste Facility Electric Substation W W W W W W W Telecommunications See Section 54 of the Code of the City of Milton Cremation Facility Warehouse Prepared by the Economic Development Department for the City of Milton Mayor and City Council Meeting on June 7, 2021 (First Presentation on May 24, 2021) 5/19/2021 Page 2 of 2 RZ21-06 Landscaping, Lawn Service R R R Produce Storage Recycling Center Mini-Storage R R R 6.1 - DEFINITIONS Brewery means a domestic manufacturing facility for beer that is licensed by the state. Provided licenses are issued as required by the state and this chapter, a brewery is authorized to sell beer by the package or by the drink and to operate flight tastings on-premises of the brewery pursuant to state law. Distillery means a domestic manufacturing facility for distilled spirits that is licensed by the state. Provided that licenses are issued as required by this chapter, a distiller/distillery is authorized to sell distilled spirits by the package, by the drink and to operate flight tastings on-premises of the distillery as provided for and subject to the limitations of state law. Micro-brewery means a small-scale establishment in which not more than 15,000 barrels of craft beer are manufactured or brewed in a calendar year. Microbreweries sell to the public through wholesalers or directly to the consumer through carry-out package and/or on-site tap-room or tasting room sales. Microbreweries must comply with state law restrictions related to the quantities of alcoholic beverages that may be sold directly to the consumer at retail. Micro-distillery means a small-scale establishment in which not more than 15,000 barrels of distilled spirits are manufactured in a calendar year. Micro-distilleries sell to the public through wholesalers or directly to the consumer through carry-out package and/or on-site tasting room sales. Micro- distilleries must comply with state law restrictions related to the quantities of alcoholic beverages that may be sold directly to the consumer at retail. CITY COUNCIL AGENDA ITEM TO: City Council DATE: June 1, 2021 FROM: Steven Krokoff, City Manager AGENDA ITEM: Consideration of RZ21-07 -14140 Freemanville Road by Vio Hodis to Rezone from AG-1 to CUP (Community Unit Plan) on 9.079 Acres to Develop a Six (6) Lot Single Family Residential Subdivision. – Applicant has Requested WITHDRAWAL and Planning Commission (PC) Recommended WITHDRAWAL. MEETING DATE: Monday, June 7, 2021 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 June 7, 2021 Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on June 7, 2021 (First Presentation on May 24, 2021) 5/19/2021 Page 1 of 17 RZ21-07 PETITION NUMBER RZ21-07 PROPERTY INFORMATION ADDRESS 14140 Freemanville Road DISTRICT, LAND LOT 2/2 771 OVERLAY DISTRICT Rural Milton EXISTING ZONING AG-1 (Agricultural) PROPOSED ZONING CUP (Community Unit Plan) ACRES 9.079 EXISTING USE One Single Family Residence PROPOSED USE Five Single Family Residential Units for a total of Six Units PETITIONER Vio Hodis, represented by Rhonda Ledbetter – Engineering 303 ADDRESS 108 Allen St, Cumming, GA 30040 OWNER Marty Lock ADDRESS 14140 Freemanville Road Milton, GA 30004 COMMUNITY DEVELOPMENT RECOMMENDATION RZ21–07 - WITHDRAWAL PLANNING COMMISSION RECOMMENDATION – APRIL 28, 2021 RZ21-07 – WITHDRAWAL – WITH A 7-0 VOTE The applicant requested to WITHDRAW the request on April 28, 2021. INTENT To rezone from AG-1 (Agricultural) to CUP (Community Unit Plan) on 9.079 acres to develop a six (6) lot single family residential subdivision (minimum 1 acre lots). Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on June 7, 2021 (First Presentation on May 24, 2021) 5/19/2021 Page 2 of 17 RZ21-07 LOCATION MAP Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on June 7, 2021 (First Presentation on May 24, 2021) 5/19/2021 Page 3 of 17 RZ21-07 CURRENT ZONING MAP Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on June 7, 2021 (First Presentation on May 24, 2021) 5/19/2021 Page 4 of 17 RZ21-07 2035 FUTURE LAND USE MAP Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on June 7, 2021 (First Presentation on May 24, 2021) 5/19/2021 Page 5 of 17 RZ21-07 SITE PLAN SUBMITTED ON JANUARY 25, 2021 SUBJECT SITE AND BACKGROUND: The subject site contains one existing single-family residence. The site is located within the “Agricultural, Equestrian, and Estate Residential” designation of the 2035 City of Milton Comprehensive Plan Map. The applicant is requesting to rezone to CUP (Community Unit Plan) to build 5 additional single-family residences and keep the existing single-family residence for a total of six single family residences at an overall density of .66 units per acre. SITE PLAN ANALYSIS Based on the applicant’s site plan submitted to the Community Development Department on January 25, 2021, Staff offers the following considerations: Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on June 7, 2021 (First Presentation on May 24, 2021) 5/19/2021 Page 6 of 17 RZ21-07 DEVELOPMENT STANDARDS – SEC. 64-897 - CUP (Community Unit Plan) Development Standards Proposed Development No building shall exceed 40 feet in height 40 feet (See height discussion below under Rural Milton Overlay District) Minimum lot area as specified in conditions The minimum lot size shown is one (1) acre Minimum CUP development size shall be five acres The CUP development size is 9.079 acres Maximum density allowed is 5 units per gross acre The density of the subject site is .66 units per acre Minimum lot width (at building line) per conditions 100 feet Minimum CUP development frontage shall be 35 feet 250 feet Minimum lot frontage shall be 20 feet adjoining a street 35 feet minimum Minimum heated floor area as specified in conditions 2,400 square feet Minimum perimeter setback as specified 50 feet The following are proposed building setbacks for individual lots (CUP allows for applicant to specify building setbacks): a) Front yard setback – 20 feet b) Side yard setback – 10 feet c) Side yard setback adjacent to a street – 20 feet d) Rear yard- 35 feet Rural Viewshed Pursuant to Sec. 64-897 (p), a rural viewshed is required for subdivisions containing more than three lots. The site plan submitted shows the required primary (40 foot) and secondary (20 foot) rural viewsheds. Staff notes that to install the new road, considerable grading within the entire depth of the viewshed on the southwest side of the new road is shown. No disturbance within the 40-foot primary and 20-foot secondary rural viewshed setback shall be Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on June 7, 2021 (First Presentation on May 24, 2021) 5/19/2021 Page 7 of 17 RZ21-07 allowed until a design review process is completed and the design of the rural viewshed is approved by the design committee. Development Plan Pursuant to Sec. 64-696 (g) requires that a request for a CUP (Community Unit Plan) that is not served by sanitary sewer shall provide a site plan to determine the maximum number of lots on the subject site as follows: The number of lots in a CUP development shall not exceed the number of lots that can be reasonably created within an AG-1 zoned development at the same site location. The following items shall be submitted to determine the lot yield for the subject property: (1) Indicate all bodies of water and the appropriate buffers; (2) Provide a level 3 soil analysis; (3) Provide a tree survey indicating specimen and heritage trees; (4) Indicate the configuration of lots and associated minimum building setbacks; and (5) Show approximate location of house footprint on each lot. Although the submitted plans meet the above requirements, neither versions of the development CUP or AG-1, comply with all the development requirements for the site. Below is the submitted AG-1 site plan for the site. The applicant has also provided a tree survey of the site. Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on June 7, 2021 (First Presentation on May 24, 2021) 5/19/2021 Page 8 of 17 RZ21-07 OTHER SITE PLAN CONSIDERATIONS Landscape Strips and Buffers The proposed development shall comply with Article III, Tree Preservation and Administrative Guidelines within the Zoning Ordinance, Sec. 64-237 (g) of the Zoning Ordinance which states “Unless otherwise specified, lots developed with single-family detached dwelling units are not required to provide landscape areas or zoning buffers”. Tree Canopy Ordinance Pursuant to Sec. 60-54, if this application is approved for CUP (Community Unit Plan), a minimum of 57% tree canopy coverage is required for the subdivision and individual lots. The applicant will be required to submit the appropriate tree canopy plan at the time of development permits. Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on June 7, 2021 (First Presentation on May 24, 2021) 5/19/2021 Page 9 of 17 RZ21-07 Steep Slopes – Sec. 64-2404 The City of Milton adopted a steep slopes ordinance in March of 2017 that applies to any development proposal for property with a natural slope of 33 percent or more with a minimum of 5,000 square feet or more of contiguous area. If a lot exceeds the 33 percent, then they are required to be a minimum of 1.5 acres in size. The submitted site plan indicates only one lot that has a natural slope (before grading) that exceeds 33 percent grade which is on lot #1. This lot is 1.73 acres in size which meets the ordinance. Staff notes that there are other areas on the site that after grading exceeds 33 percent but do not require a larger lot size. In general, although the site has some topographic challenges, it complies with the Steep Slope ordinance. Rural Milton Overlay District Below are requirements for the single-family type uses within the Overlay District. Stormwater Sec. 64-1141(b) Stormwater management facilities. (1) All facilities shall be in compliance with the Stormwater Management Manual (chapter 20, article IV of the City Code). (2) All facilities shall be designed to create a natural look. (3) Stormwater better site designs and nonstructural stormwater management practices shall be required unless allowed by the director of public works. (4) All detention facilities shall have a minimum ten-foot-wide landscape strip planted to buffer standards with evergreen plantings exterior to any required fence and/or required access area. (5) Detention facilities shall be located in the least conspicuous area of the site as engineering standards will allow. (6) The creation of shared stormwater management facilities are encouraged. The proposed stormwater management facility is in the least conspicuous area of the site and provides sufficient area around it for the ten-foot-wide landscape strip. The actual stormwater facility does not create a natural look as it utilizes a freestanding concrete retaining wall on three sides, which range in height from zero to six feet, to impound stormwater and therefore does not meet the requirements of the Rural Milton Overlay. Building Height (c) Height. Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on June 7, 2021 (First Presentation on May 24, 2021) 5/19/2021 Page 10 of 17 RZ21-07 (1) There shall be a maximum height limit of two stories with the maximum height of 28 feet from average finished grade to the bottom of the roof eave. (2) Notwithstanding the height limit in subparagraph (1) above, the maximum height may be increased in an amount based on the calculations shown as examples in Table 1; however, in no event shall the height be increased more than eight feet pursuant to this subsection (2). Although the application states that the height will not exceed 40 feet in height per the AG-1 (Agricultural) district, the above requirement supersedes the 40- foot maximum. All new structures will be required to meet the Rural Milton Overlay requirement for height. Environmental Site Analysis The applicant has submitted the required ESA and states that there are no wetlands, floodplain, no endangered wildlife species, or archaeological/historical sites. There is a stream and stream buffer as indicated on the site plan as well as slopes exceeding 25 percent and specimen trees. Staff has discussed the City of Milton’s Steep Slope Ordinance above within Other Site Plan Considerations. Fire Marshal -26’ BC/BC for step-curbing. 24’ BC/BC for rollback curbing. -Cul-de-sac 48’ BC radius minimum. -Show mail kiosk with one accessible space. -Show hydrant locations in accordance with appendices B and C of the IFC. -Flow test required at LDP. Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on June 7, 2021 (First Presentation on May 24, 2021) 5/19/2021 Page 11 of 17 RZ21-07 Fulton County Board of Education PUBLIC INVOLVEMENT On March 23, 2021 the applicant was present at the Community Zoning Information Meeting (CZIM) held at the Milton City Hall which was held in person and via Zoom. There were four people in attendance in person for the meeting and three via Zoom. Public Comments were the following: • Do not support development of subdivision but support large lots and horse farms. • Too much traffic already in this area and will need another roundabout. • Want to preserve the AG-1 zoning district. PUBLIC PARTICIPATION REPORT The applicant held their Public Participation meeting on Wednesday, April 15, 2021 between 6:30 pm and 7:30 pm at the Broadwell Pavilion and via Zoom. There was one resident in attendance that voiced her opposition to the Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on June 7, 2021 (First Presentation on May 24, 2021) 5/19/2021 Page 12 of 17 RZ21-07 proposed development and development in general. There was no one in attendance via Zoom. CITY OF MILTON DESIGN REVIEW BOARD COURTESY REVIEW – APRIL 13, 2021 Comments: • The DRB stated that they were not in support of the requested CUP and would recommend that it be denied since it would set a precedence for other properties to request a rezoning for a CUP. Standards of Review (Section 64-2104) Planning Staff shall, with respect to each zoning application, investigate and make a recommendation with respect to factors 1 through 7, below, as well as any other factors it may find relevant. 1. Whether or not the proposal will permit a use that is suitable in view of the use and development of adjacent and nearby Property? The proposed 6 lot single family residential subdivision developed at a density of .66 units per acre is inconsistent with adjacent and nearby properties that are zoned AG-1 (Agricultural) with larger estate lots or small farms located to the southeast, south, west, and north of the subject site. In addition, the use of a concrete retaining wall on three sides of the facility at the back of the parcel that is an integral part of the stormwater maintenance facility will have a negative impact on adjoining properties to the north. Existing uses and zoning of nearby property Location Zoning Petition Zoning / Name Approved Density North AG-1 (Agricultural) Large parcels ranging from 3 to 5 acres in size Northeast AG-1 (Agricultural) Chris Gray Minor Plat 1 unit per acre East AG-1 (Agricultural) Reddstone S/D 1 unit per acre South/ Southwest AG-1 (Agricultural) Large parcels ranging from 3 to 5 acres in size Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on June 7, 2021 (First Presentation on May 24, 2021) 5/19/2021 Page 13 of 17 RZ21-07 West AG-1 (Agricultural) Sycamore Farms Large parcels ranging from 7 to 20 acres 2. Whether or not the proposal will adversely affect the existing use or usability of adjacent or nearby property? It is Staff’s opinion that the proposal will adversely affect existing use or usability of the adjacent property to the north because of the concrete retaining wall that is part of the stormwater maintenance facility that is being proposed. 3. Whether the property to be affected by the proposal has a reasonable economic use as currently zoned? The subject site may have a reasonable use currently zoned AG-1 (Agricultural). 4. Whether the proposal will result in a use which will or could cause an excessive or burdensome use of existing streets, transportation facilities, utilities or schools? Staff does not anticipate a significant impact on public services or utilities. The estimated number of new students for the proposed rezoning which will have an impact on the Birmingham Falls Elementary, Northwestern Middle School, and Milton High School is minimal. The subdivision will have a minimal impact on existing streets, transportation facilities, or utilities. 5. Whether the proposal is in conformity with the policies and intent of the land use plan? 2035 City of Milton Comprehensive Future Land Use Plan: Agricultural, Equestrian, Estate Residential (AEE) / INCONSISTENT The site is located within the Central Milton Character Area and the CUP (Community Unit Plan) zoning district is not a compatible zoning district for the Agricultural, Equestrian, Estate Residential future land use designation. The AEE future land use consists of scattered single-family homes, each one at least one acre, but are typically on several acres. This land use Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on June 7, 2021 (First Presentation on May 24, 2021) 5/19/2021 Page 14 of 17 RZ21-07 promotes hobby farms, equestrian facilities, and large lot residential estates including minimum 3 acre lots on gravel roads. Proposed use/density: Single Family Residential at .66 units per acre Central Milton includes areas that are typical of the city’s distinct rural- residential land use pattern. Equestrian estates co-exist with low density residential land uses. Newer developments with private recreational amenities have integrated with older, established open road neighborhoods. New development should match the typical densities found within this area and should minimize undesirable impacts on surrounding rural/agricultural uses. Significant site features, such as view sheds and environmentally sensitive areas, should be enlisted as amenities that shape identity and character of new development within this character area. 6. Whether there are other existing or changed conditions affecting the use and development of the property which gives supporting grounds for either approval or disapproval of the proposal? The proposed subdivision includes concrete retaining walls that are part of the stormwater maintenance facility as well as significant grading within the rural viewshed are grounds for disapproval of the proposed rezoning from AG-1(Agricultural) to CUP (Community Unit Plan) with six single family residences. 7. Whether the zoning proposal will permit a use which can be considered environmentally adverse to the natural resources, environment and citizens of the City of Milton? The proposed rezoning for six single family residences will be environmentally adverse to the natural resources, environment and citizens of the City based on the difficult topography, proposed walled stormwater maintenance facility and grading within the rural viewshed to construct the new road. CONCLUSION Since the proposed CUP (Community Unit Plan) is not consistent with the 2035 Future Land Use Plan Map and the Rural Milton Overlay District requirement for stormwater facility, Staff recommends DENIAL of RZ21-07 to rezone from AG-1 (Agricultural) to CUP (Community Unit Plan). Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on June 7, 2021 (First Presentation on May 24, 2021) 5/19/2021 Page 15 of 17 RZ21-07 If the Mayor and City Council chooses to approve RZ21-07 a set of recommended conditions are included below. Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on June 7, 2021 (First Presentation on May 24, 2021) 5/19/2021 Page 16 of 17 RZ21-07 RECOMMENDED CONDITIONS If this petition is approved by the Mayor and City Council, the rezoning of property located on Freemanville Road should be approved for CUP (Community Unit Plan) CONDITIONAL subject to the owner’s agreement to the following enumerated conditions. Where these conditions conflict with the stipulations and offerings contained in the Letter of Intent, these conditions shall supersede unless specifically stipulated by the Mayor and City Council. 1) To the owner’s agreement to restrict the use of the subject property as follows: a) Single family detached dwellings and accessory uses and structures. b) No more than 5 total dwelling units at a maximum density of .55 unit per acre, whichever is less, based on the total acreage zoned. Approved lot/units totals are not guaranteed. The developer is responsible through site engineering (at the time of application for a Land Disturbance Permit) to demonstrate that all lots/units within the approved development meet or exceed all the development standards of the City of Milton. The total lot/units yield of the subject site shall be determined by this final engineering. 2) To the owner’s agreement to abide by the following: a) Substantial compliance with the revised site plan received by the Community Development Department on February 25, 2021 whereby the exact layout of the project may contain minor deviations approved by the Community Development Director provided the deviations remain consistent with the purpose and intent of the Council’s approval of the Use Permit. Notwithstanding the contents of the site plan, the project must meet or exceed the requirements of the Zoning Ordinance, all other applicable city ordinances and these conditions prior to the approval of a Land Disturbance Permit. The site plan may be revised with the approval of the Community Development Director in order to comply with city codes and zoning conditions. Unless otherwise noted herein, compliance with all conditions shall be in place prior to the issuance of the first Certificate of Occupancy. b) All areas which are not part of an individual lot and held in common Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on June 7, 2021 (First Presentation on May 24, 2021) 5/19/2021 Page 17 of 17 RZ21-07 shall be maintained by a mandatory homeowner’s association, whose proposed documents of incorporation shall be submitted to the Director of Community Development for review and approval prior to the recording of the first final plat. 3) To the owner’s agreement to the following site development considerations: a) Minimum lot size – 43,560 square feet (1 acre) b) Minimum lot width (at building line) – 100 feet c) Minimum lot frontage – 35 feet d) Minimum heated floor area per units – 2,400 square feet f) Minimum front yard setback – 20 feet g) Minimum side yard setback – 10 feet h) Minimum side yard setback adjacent to a street – 20 feet i) Minimum rear yard- 35 feet j) Minimum perimeter setback – 50 feet 4) To the owner’s agreement to abide by the following: a) Access to the site and frontage improvements shall be subject to the approval of City of Milton Department of Public Works, prior to the issuance of a Land Disturbance Permit or Certificate of Occupancy (whichever comes first). Entrance(s) and frontage improvements shall conform to Chapter 48 Streets, Sidewalks and Other Public Places of the City of Milton Code of Ordinances. b) The entire site will be required to comply with the City of Milton Stormwater Ordinance, Chapter 20 of the City Code. Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on June 7, 2021 (First Presentation on May 24, 2021) 5/19/2021 Page 1 of 17 RZ21-07 PETITION NUMBER RZ21-07 PROPERTY INFORMATION ADDRESS 14140 Freemanville Road DISTRICT, LAND LOT 2/2 771 OVERLAY DISTRICT Rural Milton EXISTING ZONING AG-1 (Agricultural) PROPOSED ZONING CUP (Community Unit Plan) ACRES 9.079 EXISTING USE One Single Family Residence PROPOSED USE Five Single Family Residential Units for a total of Six Units PETITIONER Vio Hodis, represented by Rhonda Ledbetter – Engineering 303 ADDRESS 108 Allen St, Cumming, GA 30040 OWNER Marty Lock ADDRESS 14140 Freemanville Road Milton, GA 30004 COMMUNITY DEVELOPMENT RECOMMENDATION RZ21–07 - WITHDRAWAL PLANNING COMMISSION RECOMMENDATION – APRIL 28, 2021 RZ21-07 – WITHDRAWAL – WITH A 7-0 VOTE The applicant requested to WITHDRAW the request on April 28, 2021. INTENT To rezone from AG-1 (Agricultural) to CUP (Community Unit Plan) on 9.079 acres to develop a six (6) lot single family residential subdivision (minimum 1 acre lots). Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on June 7, 2021 (First Presentation on May 24, 2021) 5/19/2021 Page 2 of 17 RZ21-07 LOCATION MAP Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on June 7, 2021 (First Presentation on May 24, 2021) 5/19/2021 Page 3 of 17 RZ21-07 CURRENT ZONING MAP Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on June 7, 2021 (First Presentation on May 24, 2021) 5/19/2021 Page 4 of 17 RZ21-07 2035 FUTURE LAND USE MAP Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on June 7, 2021 (First Presentation on May 24, 2021) 5/19/2021 Page 5 of 17 RZ21-07 SITE PLAN SUBMITTED ON JANUARY 25, 2021 SUBJECT SITE AND BACKGROUND: The subject site contains one existing single-family residence. The site is located within the “Agricultural, Equestrian, and Estate Residential” designation of the 2035 City of Milton Comprehensive Plan Map. The applicant is requesting to rezone to CUP (Community Unit Plan) to build 5 additional single-family residences and keep the existing single-family residence for a total of six single family residences at an overall density of .66 units per acre. SITE PLAN ANALYSIS Based on the applicant’s site plan submitted to the Community Development Department on January 25, 2021, Staff offers the following considerations: Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on June 7, 2021 (First Presentation on May 24, 2021) 5/19/2021 Page 6 of 17 RZ21-07 DEVELOPMENT STANDARDS – SEC. 64-897 - CUP (Community Unit Plan) Development Standards Proposed Development No building shall exceed 40 feet in height 40 feet (See height discussion below under Rural Milton Overlay District) Minimum lot area as specified in conditions The minimum lot size shown is one (1) acre Minimum CUP development size shall be five acres The CUP development size is 9.079 acres Maximum density allowed is 5 units per gross acre The density of the subject site is .66 units per acre Minimum lot width (at building line) per conditions 100 feet Minimum CUP development frontage shall be 35 feet 250 feet Minimum lot frontage shall be 20 feet adjoining a street 35 feet minimum Minimum heated floor area as specified in conditions 2,400 square feet Minimum perimeter setback as specified 50 feet The following are proposed building setbacks for individual lots (CUP allows for applicant to specify building setbacks): a) Front yard setback – 20 feet b) Side yard setback – 10 feet c) Side yard setback adjacent to a street – 20 feet d) Rear yard- 35 feet Rural Viewshed Pursuant to Sec. 64-897 (p), a rural viewshed is required for subdivisions containing more than three lots. The site plan submitted shows the required primary (40 foot) and secondary (20 foot) rural viewsheds. Staff notes that to install the new road, considerable grading within the entire depth of the viewshed on the southwest side of the new road is shown. No disturbance within the 40-foot primary and 20-foot secondary rural viewshed setback shall be Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on June 7, 2021 (First Presentation on May 24, 2021) 5/19/2021 Page 7 of 17 RZ21-07 allowed until a design review process is completed and the design of the rural viewshed is approved by the design committee. Development Plan Pursuant to Sec. 64-696 (g) requires that a request for a CUP (Community Unit Plan) that is not served by sanitary sewer shall provide a site plan to determine the maximum number of lots on the subject site as follows: The number of lots in a CUP development shall not exceed the number of lots that can be reasonably created within an AG-1 zoned development at the same site location. The following items shall be submitted to determine the lot yield for the subject property: (1) Indicate all bodies of water and the appropriate buffers; (2) Provide a level 3 soil analysis; (3) Provide a tree survey indicating specimen and heritage trees; (4) Indicate the configuration of lots and associated minimum building setbacks; and (5) Show approximate location of house footprint on each lot. Although the submitted plans meet the above requirements, neither versions of the development CUP or AG-1, comply with all the development requirements for the site. Below is the submitted AG-1 site plan for the site. The applicant has also provided a tree survey of the site. Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on June 7, 2021 (First Presentation on May 24, 2021) 5/19/2021 Page 8 of 17 RZ21-07 OTHER SITE PLAN CONSIDERATIONS Landscape Strips and Buffers The proposed development shall comply with Article III, Tree Preservation and Administrative Guidelines within the Zoning Ordinance, Sec. 64-237 (g) of the Zoning Ordinance which states “Unless otherwise specified, lots developed with single-family detached dwelling units are not required to provide landscape areas or zoning buffers”. Tree Canopy Ordinance Pursuant to Sec. 60-54, if this application is approved for CUP (Community Unit Plan), a minimum of 57% tree canopy coverage is required for the subdivision and individual lots. The applicant will be required to submit the appropriate tree canopy plan at the time of development permits. Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on June 7, 2021 (First Presentation on May 24, 2021) 5/19/2021 Page 9 of 17 RZ21-07 Steep Slopes – Sec. 64-2404 The City of Milton adopted a steep slopes ordinance in March of 2017 that applies to any development proposal for property with a natural slope of 33 percent or more with a minimum of 5,000 square feet or more of contiguous area. If a lot exceeds the 33 percent, then they are required to be a minimum of 1.5 acres in size. The submitted site plan indicates only one lot that has a natural slope (before grading) that exceeds 33 percent grade which is on lot #1. This lot is 1.73 acres in size which meets the ordinance. Staff notes that there are other areas on the site that after grading exceeds 33 percent but do not require a larger lot size. In general, although the site has some topographic challenges, it complies with the Steep Slope ordinance. Rural Milton Overlay District Below are requirements for the single-family type uses within the Overlay District. Stormwater Sec. 64-1141(b) Stormwater management facilities. (1) All facilities shall be in compliance with the Stormwater Management Manual (chapter 20, article IV of the City Code). (2) All facilities shall be designed to create a natural look. (3) Stormwater better site designs and nonstructural stormwater management practices shall be required unless allowed by the director of public works. (4) All detention facilities shall have a minimum ten-foot-wide landscape strip planted to buffer standards with evergreen plantings exterior to any required fence and/or required access area. (5) Detention facilities shall be located in the least conspicuous area of the site as engineering standards will allow. (6) The creation of shared stormwater management facilities are encouraged. The proposed stormwater management facility is in the least conspicuous area of the site and provides sufficient area around it for the ten-foot-wide landscape strip. The actual stormwater facility does not create a natural look as it utilizes a freestanding concrete retaining wall on three sides, which range in height from zero to six feet, to impound stormwater and therefore does not meet the requirements of the Rural Milton Overlay. Building Height (c) Height. Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on June 7, 2021 (First Presentation on May 24, 2021) 5/19/2021 Page 10 of 17 RZ21-07 (1) There shall be a maximum height limit of two stories with the maximum height of 28 feet from average finished grade to the bottom of the roof eave. (2) Notwithstanding the height limit in subparagraph (1) above, the maximum height may be increased in an amount based on the calculations shown as examples in Table 1; however, in no event shall the height be increased more than eight feet pursuant to this subsection (2). Although the application states that the height will not exceed 40 feet in height per the AG-1 (Agricultural) district, the above requirement supersedes the 40- foot maximum. All new structures will be required to meet the Rural Milton Overlay requirement for height. Environmental Site Analysis The applicant has submitted the required ESA and states that there are no wetlands, floodplain, no endangered wildlife species, or archaeological/historical sites. There is a stream and stream buffer as indicated on the site plan as well as slopes exceeding 25 percent and specimen trees. Staff has discussed the City of Milton’s Steep Slope Ordinance above within Other Site Plan Considerations. Fire Marshal -26’ BC/BC for step-curbing. 24’ BC/BC for rollback curbing. -Cul-de-sac 48’ BC radius minimum. -Show mail kiosk with one accessible space. -Show hydrant locations in accordance with appendices B and C of the IFC. -Flow test required at LDP. Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on June 7, 2021 (First Presentation on May 24, 2021) 5/19/2021 Page 11 of 17 RZ21-07 Fulton County Board of Education PUBLIC INVOLVEMENT On March 23, 2021 the applicant was present at the Community Zoning Information Meeting (CZIM) held at the Milton City Hall which was held in person and via Zoom. There were four people in attendance in person for the meeting and three via Zoom. Public Comments were the following: • Do not support development of subdivision but support large lots and horse farms. • Too much traffic already in this area and will need another roundabout. • Want to preserve the AG-1 zoning district. PUBLIC PARTICIPATION REPORT The applicant held their Public Participation meeting on Wednesday, April 15, 2021 between 6:30 pm and 7:30 pm at the Broadwell Pavilion and via Zoom. There was one resident in attendance that voiced her opposition to the Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on June 7, 2021 (First Presentation on May 24, 2021) 5/19/2021 Page 12 of 17 RZ21-07 proposed development and development in general. There was no one in attendance via Zoom. CITY OF MILTON DESIGN REVIEW BOARD COURTESY REVIEW – APRIL 13, 2021 Comments: • The DRB stated that they were not in support of the requested CUP and would recommend that it be denied since it would set a precedence for other properties to request a rezoning for a CUP. Standards of Review (Section 64-2104) Planning Staff shall, with respect to each zoning application, investigate and make a recommendation with respect to factors 1 through 7, below, as well as any other factors it may find relevant. 1. Whether or not the proposal will permit a use that is suitable in view of the use and development of adjacent and nearby Property? The proposed 6 lot single family residential subdivision developed at a density of .66 units per acre is inconsistent with adjacent and nearby properties that are zoned AG-1 (Agricultural) with larger estate lots or small farms located to the southeast, south, west, and north of the subject site. In addition, the use of a concrete retaining wall on three sides of the facility at the back of the parcel that is an integral part of the stormwater maintenance facility will have a negative impact on adjoining properties to the north. Existing uses and zoning of nearby property Location Zoning Petition Zoning / Name Approved Density North AG-1 (Agricultural) Large parcels ranging from 3 to 5 acres in size Northeast AG-1 (Agricultural) Chris Gray Minor Plat 1 unit per acre East AG-1 (Agricultural) Reddstone S/D 1 unit per acre South/ Southwest AG-1 (Agricultural) Large parcels ranging from 3 to 5 acres in size Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on June 7, 2021 (First Presentation on May 24, 2021) 5/19/2021 Page 13 of 17 RZ21-07 West AG-1 (Agricultural) Sycamore Farms Large parcels ranging from 7 to 20 acres 2. Whether or not the proposal will adversely affect the existing use or usability of adjacent or nearby property? It is Staff’s opinion that the proposal will adversely affect existing use or usability of the adjacent property to the north because of the concrete retaining wall that is part of the stormwater maintenance facility that is being proposed. 3. Whether the property to be affected by the proposal has a reasonable economic use as currently zoned? The subject site may have a reasonable use currently zoned AG-1 (Agricultural). 4. Whether the proposal will result in a use which will or could cause an excessive or burdensome use of existing streets, transportation facilities, utilities or schools? Staff does not anticipate a significant impact on public services or utilities. The estimated number of new students for the proposed rezoning which will have an impact on the Birmingham Falls Elementary, Northwestern Middle School, and Milton High School is minimal. The subdivision will have a minimal impact on existing streets, transportation facilities, or utilities. 5. Whether the proposal is in conformity with the policies and intent of the land use plan? 2035 City of Milton Comprehensive Future Land Use Plan: Agricultural, Equestrian, Estate Residential (AEE) / INCONSISTENT The site is located within the Central Milton Character Area and the CUP (Community Unit Plan) zoning district is not a compatible zoning district for the Agricultural, Equestrian, Estate Residential future land use designation. The AEE future land use consists of scattered single-family homes, each one at least one acre, but are typically on several acres. This land use Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on June 7, 2021 (First Presentation on May 24, 2021) 5/19/2021 Page 14 of 17 RZ21-07 promotes hobby farms, equestrian facilities, and large lot residential estates including minimum 3 acre lots on gravel roads. Proposed use/density: Single Family Residential at .66 units per acre Central Milton includes areas that are typical of the city’s distinct rural- residential land use pattern. Equestrian estates co-exist with low density residential land uses. Newer developments with private recreational amenities have integrated with older, established open road neighborhoods. New development should match the typical densities found within this area and should minimize undesirable impacts on surrounding rural/agricultural uses. Significant site features, such as view sheds and environmentally sensitive areas, should be enlisted as amenities that shape identity and character of new development within this character area. 6. Whether there are other existing or changed conditions affecting the use and development of the property which gives supporting grounds for either approval or disapproval of the proposal? The proposed subdivision includes concrete retaining walls that are part of the stormwater maintenance facility as well as significant grading within the rural viewshed are grounds for disapproval of the proposed rezoning from AG-1(Agricultural) to CUP (Community Unit Plan) with six single family residences. 7. Whether the zoning proposal will permit a use which can be considered environmentally adverse to the natural resources, environment and citizens of the City of Milton? The proposed rezoning for six single family residences will be environmentally adverse to the natural resources, environment and citizens of the City based on the difficult topography, proposed walled stormwater maintenance facility and grading within the rural viewshed to construct the new road. CONCLUSION Since the proposed CUP (Community Unit Plan) is not consistent with the 2035 Future Land Use Plan Map and the Rural Milton Overlay District requirement for stormwater facility, Staff recommends DENIAL of RZ21-07 to rezone from AG-1 (Agricultural) to CUP (Community Unit Plan). Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on June 7, 2021 (First Presentation on May 24, 2021) 5/19/2021 Page 15 of 17 RZ21-07 If the Mayor and City Council chooses to approve RZ21-07 a set of recommended conditions are included below. Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on June 7, 2021 (First Presentation on May 24, 2021) 5/19/2021 Page 16 of 17 RZ21-07 RECOMMENDED CONDITIONS If this petition is approved by the Mayor and City Council, the rezoning of property located on Freemanville Road should be approved for CUP (Community Unit Plan) CONDITIONAL subject to the owner’s agreement to the following enumerated conditions. Where these conditions conflict with the stipulations and offerings contained in the Letter of Intent, these conditions shall supersede unless specifically stipulated by the Mayor and City Council. 1) To the owner’s agreement to restrict the use of the subject property as follows: a) Single family detached dwellings and accessory uses and structures. b) No more than 5 total dwelling units at a maximum density of .55 unit per acre, whichever is less, based on the total acreage zoned. Approved lot/units totals are not guaranteed. The developer is responsible through site engineering (at the time of application for a Land Disturbance Permit) to demonstrate that all lots/units within the approved development meet or exceed all the development standards of the City of Milton. The total lot/units yield of the subject site shall be determined by this final engineering. 2) To the owner’s agreement to abide by the following: a) Substantial compliance with the revised site plan received by the Community Development Department on February 25, 2021 whereby the exact layout of the project may contain minor deviations approved by the Community Development Director provided the deviations remain consistent with the purpose and intent of the Council’s approval of the Use Permit. Notwithstanding the contents of the site plan, the project must meet or exceed the requirements of the Zoning Ordinance, all other applicable city ordinances and these conditions prior to the approval of a Land Disturbance Permit. The site plan may be revised with the approval of the Community Development Director in order to comply with city codes and zoning conditions. Unless otherwise noted herein, compliance with all conditions shall be in place prior to the issuance of the first Certificate of Occupancy. b) All areas which are not part of an individual lot and held in common Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on June 7, 2021 (First Presentation on May 24, 2021) 5/19/2021 Page 17 of 17 RZ21-07 shall be maintained by a mandatory homeowner’s association, whose proposed documents of incorporation shall be submitted to the Director of Community Development for review and approval prior to the recording of the first final plat. 3) To the owner’s agreement to the following site development considerations: a) Minimum lot size – 43,560 square feet (1 acre) b) Minimum lot width (at building line) – 100 feet c) Minimum lot frontage – 35 feet d) Minimum heated floor area per units – 2,400 square feet f) Minimum front yard setback – 20 feet g) Minimum side yard setback – 10 feet h) Minimum side yard setback adjacent to a street – 20 feet i) Minimum rear yard- 35 feet j) Minimum perimeter setback – 50 feet 4) To the owner’s agreement to abide by the following: a) Access to the site and frontage improvements shall be subject to the approval of City of Milton Department of Public Works, prior to the issuance of a Land Disturbance Permit or Certificate of Occupancy (whichever comes first). Entrance(s) and frontage improvements shall conform to Chapter 48 Streets, Sidewalks and Other Public Places of the City of Milton Code of Ordinances. b) The entire site will be required to comply with the City of Milton Stormwater Ordinance, Chapter 20 of the City Code. CITY COUNCIL AGENDA ITEM TO: City Council DATE: June 1, 2021 FROM: Steven Krokoff, City Manager AGENDA ITEM: Consideration of U21-01/VC21-03 - 2105 Bethany Way (containing multiple parcels) for a total of 18.07 acres by The PFAJ Revocable Trust Dated 2/17/2019 to Request a Use Permit for “Agricultural Related Activities”, Sec. 64-1797 and a Two-Part Concurrent Variance: 1) To allow the existing parking areas, wood pavilion, horse arenas, and driveways within the 100-foot activity setback (Sec. 64-1797(d)) 2) To allow the structures housing animals to be located within 100 feet of a property line (Sec. 64-1797(e)) MEETING DATE: Monday, June 7, 2021 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 June 7, 2021 X Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on June 7, 2021 (First Presentation May 24, 2021). 5/19/2021 Page 1 of 19 U21-01/VC21-03 Agricultural Related PETITION NUMBERS: U21-01/VC21-03 ADDRESS 2105 Bethany Way DISTRICT, LAND LOT 2/2 892 OVERLAY DISTRICT Rural Milton Overlay District EXISTING ZONING AG-1 (Agricultural) PROPOSED USE PERMIT Agricultural Related Activities, ACRES 18.027 EXISTING USES Single Family Residence, equestrian facility, winery PROPOSED USE Agricultural Related Activities OWNER/APPLICANT The PFAJ Revocable Trust dated 2.7.19 ADDRESS 2105 Bethany Way Milton, GA 30004 REPRESENTATIVE Ellen Smith, Parker Poe & Bernstein LLP 1075 Peachtree Street, Suite 1500 Atlanta, GA 30309 COMMUNITY DEVELOPMENT DEPARTMENT RECOMMENDATION U21-01 – DENIAL VC21-03, PARTS 1 AND 2 – DENIAL Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on June 7, 2021 (First Presentation May 24, 2021). 5/19/2021 Page 2 of 19 U21-01/VC21-03 Agricultural Related PLANNING COMMISSION RECOMMENDATION – APRIL 28, 2021 U21-01 – APPROVAL CONDITIONAL – Vote of 7-0 VC21-03, PARTS 1 AND 2 – APPROVAL – Vote of 7-0 The Planning Commission made the following recommended conditions in addition to conditions presented by Staff if the Mayor and City Council recommends approval of the request. 3) To the owner’s agreement to the following use requirements: b) There shall be no more than a total of 25 attendees per day, Monday through Friday and no more than a total of 50 attendees on Saturday and Sunday for camps, birthday parties, and educational events. d) Maximum continuous sound levels of 60 dBA and a maximum peak sound level of 75 dBA at property lines. Music associated with the activities shall only be allowed to be acoustical. Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on June 7, 2021 (First Presentation May 24, 2021). 5/19/2021 Page 3 of 19 U21-01/VC21-03 Agricultural Related LOCATION MAP Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on June 7, 2021 (First Presentation May 24, 2021). 5/19/2021 Page 4 of 19 U21-01/VC21-03 Agricultural Related EXISTING ZONING MAP Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on June 7, 2021 (First Presentation May 24, 2021). 5/19/2021 Page 5 of 19 U21-01/VC21-03 Agricultural Related 2035 FUTURE LAND USE MAP Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on June 7, 2021 (First Presentation May 24, 2021). 5/19/2021 Page 6 of 19 U21-01/VC21-03 Agricultural Related SITE PLAN SUBMITTED – FEBRUARY 25, 2021 Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on June 7, 2021 (First Presentation May 24, 2021). 5/19/2021 Page 7 of 19 U21-01/VC21-03 Agricultural Related SUBJECT SITE The subject site is zoned AG-1 (Agricultural) with a total of seven tax parcels totaling 18.027 acres. The applicant recently purchased 13760 Hopewell Road in which the City of Milton will be constructing a portion of the new roundabout at Hopewell Road and Bethany Bend. The site includes a single-family residence with a detached garage, an additional garage with a residence, a small cemetery, swimming pool, small wood pavilion used for entertainment, various barns, two uncovered horse arenas, vineyards, and other accessory structures. The Painted Horse Winery currently operates on the site which is allowed by right within the AG-1 zoning district. There is a tasting room located within the basement of the house as well as areas on the lawn behind the house to sit and listen to background music. There are vineyards located on the property as well. BACKGROUND AND REQUESTS Based on the applicant’s letter of intent, Ms. Pamela Jackson and her family acquired the first tracts of the property in 1991. In 1996, equine barns were built, and horses were moved in, and in 2003, The Farm at Pamelot, Inc. was formally incorporated. Starting in 1997, the Farm started hosting a variety of uses and events including equine breeding, boarding, and training, animal husbandry, an annual Easter egg hunt, ticketed live music events and various corporate events and weddings at the property, including using valet services as needed. Starting in 2002, and continuously since then, The Farm has hosted summer camp as a weeklong day camp for children, birthday parties and other boy and girl scout types of events. There have been a variety of ancillary uses to the farm (including various fruit tree and apiary agricultural uses) historically for more than twenty years. In 2018, Ms. Jackson planted her first vineyards, and in 2019, the Farm became licensed as the City’s and Fulton County’s first farm winery. The applicant states that an additional four acres of vineyards are being added this year. During the summer and fall of 2020, the City received various complaints regarding an increased number of visitors to the site, issues with off premise parking, and loud music coming from the property. The City asked to meet with Ms. Jackson and her legal counsel to discuss their programming on the property. The City (including the Community Development Director, Zoning Manager and City Attorney) met with Ms. Jackson and Ms. Smith her legal counsel three times total in November and December 2020. The applicant asserted that the activities that she was holding were uses that were “grandfathered” or potentially legally nonconforming uses and that she did not need Use Permits to bring the variety of uses in compliance with the City’s Zoning Ordinance. Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on June 7, 2021 (First Presentation May 24, 2021). 5/19/2021 Page 8 of 19 U21-01/VC21-03 Agricultural Related As stated in the applicant’s letter of intent “These applications are being filed submitted in good faith by Ms. Jackson, to further resolution of disputes between Ms. Jackson and the City regarding permitted and potentially legally nonconforming uses of the Property. These are being submitted without waiver by Ms. Jackson of her rights, claims, interests, or defenses with respect to prior, ongoing, or future events, uses or operations at or on the property and without admission by owner of the need for such permits or variances. “ On April 21, 2021, the applicant submitted a revised set of proposed conditions/uses for the Agricultural Related Activities. These will be discussed below within each appropriate topic. USE PERMIT CONSIDERATIONS In the interest of the public health, safety and welfare, the Mayor and City Council may exercise limited discretion in evaluating the site proposed for a use that requires a Use Permit. In exercising such discretion pertaining to the subject use, the Mayor and City Council shall consider each of the following as outlined in Sec. 64-1552 of the Zoning Ordinance: Use Permit Considerations. Staff has reviewed said items pertaining to the subject use, and offers the following comments: 1. Whether the proposed use is consistent with the land use or economic development plans adopted by the Mayor and City Council: The proposed development is within the Agricultural, Equestrian, Estate Residential (AEE) land use category on the City of Milton 2035 Comprehensive Plan Map contained in the City of Milton Comprehensive Plan Update 2016. The proposed use permit for Agricultural Related Activities is permitted in AG-1 (Agricultural). Although the proposed use permit is consistent with the land use plan, but when considering it concurrently with the already by right use of the farm winery and the equestrian related activities such as riding lessons and boarding of horses as well as the request of a Rural Event Facility for a maximum of 100 attendees Monday through Saturday, and lastly for the request of the Festivals or Events, Indoor/Outdoor with a maximum of 200 attendees at each event, the proposed Agricultural Related Activities Use Permit is not consistent with the following Plan Objectives: o We will seek opportunities to provide pleasant, accessible, public gathering places and parks throughout the community. o We will encourage development that is sensitive to the overall setting of the community and will contribute to our community’s sense of place. Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on June 7, 2021 (First Presentation May 24, 2021). 5/19/2021 Page 9 of 19 U21-01/VC21-03 Agricultural Related 2. Compatibility with land uses and zoning districts in the vicinity of the property for which the use permit is proposed: The adjacent uses to the north and northeast are large lots developed with single family residences as well as equestrian related facilities. Staff notes that a Festival, Event Indoor/Outdoor was approved at 13895 Hopewell Road to be used as a wedding facility in 2014 but has not been operated in that capacity. To the east are scattered single family residences and the Bethany Oaks Subdivision zoned AG-1 (Agricultural) and Northpark Subdivision. To the south are large lots developed with single family residences and equestrian related facilities. To the southwest is Cooper Sandy Subdivision zoned AG-1 developed with single family residences. To the west are large lots developed with single family residences and equestrian related facilities zoned AG-1. Based on these surrounding uses which include single family residences adjacent and nearby, the proposed Agricultural Related Activities Use Permit is not compatible with surrounding land uses since it would operate concurrently with the by right uses of the farm winery and the equestrian related activities including riding lessons, boarding of horses as well as the request of a rural event facility for a maximum of 100 attendees per event every day of the week, and lastly for the request of the Festivals or Events, Indoor/Outdoor with a maximum of 200 attendees at each event. The applicant has included a list of uses that they agree that shall not occur on the property which include, exotic animals, kennels or no overnight camps or events. These will be included in a set of conditions if the Mayor and City Council choose to approve the request. 3. Whether the proposed use may violate local, state and/or federal statutes, ordinances or regulations governing land development: The proposed use does appear to violate ordinances or regulations governing land development. 4. The effect of the proposed use on traffic flow, vehicular and pedestrian, along adjoining streets: The proposed use’s effect on the traffic flow, vehicular and pedestrian, along adjoining streets is impacted by not only the proposed use but the other by right activities of the farm winery, equestrian related activities including riding lessons, boarding of horses as well as the request of a Rural Event Facility for a maximum of 100 attendees per event every day of the week, and lastly for the request of the Festivals or Events, Indoor/Outdoor with a maximum of 200 attendees at each event. All of these activities Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on June 7, 2021 (First Presentation May 24, 2021). 5/19/2021 Page 10 of 19 U21-01/VC21-03 Agricultural Related collectively will cause a burden on the adjacent and nearby streets at various times and days of the week. 5. The location and number of off-street parking spaces: The locations of the off-street parking are scattered around the approximately 18 acres. There are twelve spaces near the western portion of the site and an additional six spaces to the north of the twelve. Based on aerials, the six spaces appear to be where trees would be cut but based on the overall tree canopy coverage, it would not impact the overall site if they were located there. In addition, there are 37 spaces located on the north, central and eastern portion of the site of which portions of these spaces are located within the required 100-foot setback for activity areas which includes parking. It appears that there is sufficient room to relocate the spaces that are within this 100-foot setback as required in Sec. 64-1797 (2)d. Staff notes that the Agricultural Related Activities use permit does not have a specific off-street parking requirement, but Staff will use the same requirement as a Rural Event Facility use permit which requires one space per 2.5 attendees. The applicant has indicated that the maximum number will be 100 and therefore, 40 parking spaces will be required. The by right activities such as the farm winery that currently operates during the following days and times; Thursdays, 1 pm – 6 pm Friday and Saturday 1 pm – 8 pm, and Sunday 1 pm – 5 pm and the Pamelot Farm that operates riding lessons and boarding require sufficient parking for their attendees. In addition, there are two additional use permits being requested, that if approved, may operate concurrently during the above activities which requires additional parking and would be a burden on the site. Lastly, based on the submitted site plan, it is difficult to determine where attendees can park especially in those instances when several events may occur at the same time. 6. The amount and location of open space: Although the site provides open space since there is approximately 18 acres including a stream that cuts through it and provides the required 75- foot buffer on either side of the creek as well as pastures, vineyards, and other open spaces, the site is not large enough in size to accommodate the proposed use as well as the other uses by right mentioned and the requested use permits for a Rural Event Facility and Festivals or Events, Indoor/Outdoor and not impact adjacent and nearby properties in a negative manner. Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on June 7, 2021 (First Presentation May 24, 2021). 5/19/2021 Page 11 of 19 U21-01/VC21-03 Agricultural Related 7. Protective screening: The existing vegetation that is located on the property and in most places located along or near its exterior property lines is not sufficient to ameliorate noise, light, and activity from the proposed use as well as collectively the other uses by right mentioned and the requested use permits for a Rural Event Facility and Festivals or Events, Indoor/Outdoor. 8. Hours and manner of operation: The applicant has proposed the following days, times of operation: Sunday through Saturday: 8:00 a.m. to 9:00 p.m. for the Agricultural Related Activities. Although these times are less than the allowed per the standards of the use permit, Staff will recommend that a further reduction in hours of operation occur on Sundays, which should be 10:00 a.m. to 7:00 p.m. on Sundays if the Mayor and City Council chooses to approve the request. 9. Outdoor lighting: The applicant has not indicated any additional lighting on the site except If lighting is required for life/safety and will comply with the Night Sky Ordinance. 10. Ingress and egress to the property: There are three existing curb cuts on the property along Bethany Way. The most western curb cut is located within the 100-foot activity area setback. A future curb cut will be built by the City at the time of the new roundabout is completed at Hopewell Road and Bethany Bend. As mentioned above, when considering not only the request for the Agricultural Related Activities as well as the by right use of the farm winery and equestrian related uses and the other two requested use permits for a Rural Event Facility and Festivals or Events, Indoor/Outdoor, the existing traffic on Bethany Way and Hopewell Road may be negatively impacted depending on the activities occurring at various times and days of the week on the site. Based on the evaluation of the above Use Permit Considerations, Staff recommends Denial of U21-01 for Agricultural Related Activities. Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on June 7, 2021 (First Presentation May 24, 2021). 5/19/2021 Page 12 of 19 U21-01/VC21-03 Agricultural Related SITE PLAN ANALYSIS Based on the applicant’s site plan submitted to the Community Development Department on February 25, 2021and revised set of proposed conditions/uses submitted on April 21, 2021, Staff offers the following considerations: U21-01/VC21-03 - Agricultural-related activities (Sec. 64-1797) It is the intent of this division to allow certain agricultural-related activities with a use permit in compliance with the development standards below to preserve the nature of agricultural areas. Such uses shall include, but not be limited to, petting zoo, educational tours, dude ranches, picnicking, and pay fishing. Required Standards Meets the Standard (1) Required districts. AG-1 Yes (2) Standards. a. Minimum lot size shall be five acres. Yes b. Permitted curb cut access shall not be from local streets. Yes c. Food services may be provided. Yes d. A minimum of 100-foot setback is required from all property lines for activity areas, including parking No/see concurrent variance below e. All structures housing animals shall be set back a minimum of 100 feet from all property lines. No/see concurrent variance below f. All parking and access areas must be of an all-weather surface. Yes g. A maximum continuous sound level of 60 dBA and a maximum peak sound level of 75 dBA shall not be exceeded at property lines of adjacent residential districts or AG-1 districts used for single-family dwellings. Yes h. Hours of operation shall commence no earlier than 6:00 a.m. and cease by 10:00 p.m. Yes i. If located adjacent to any residential district or an AG-1 district used for single-family dwellings, the minimum buffers and landscape strips required for the O-I district as specified in article III of this zoning ordinance shall be required. Yes j. Sanitary facilities or trash receptacles shall be located a minimum of 100 feet from a property line of any residential district and/or AG-1 district used for single-family dwellings. Yes Part 1 - 64-1797 (2)(d): Allow the existing parking areas, wood pavilion, horse arenas, and driveways within the 100-foot activity setback. Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on June 7, 2021 (First Presentation May 24, 2021). 5/19/2021 Page 13 of 19 U21-01/VC21-03 Agricultural Related The site plan indicates existing driveways, barns, portions of horse arenas and small fenced in areas primarily along the eastern portion of the site that are associated with equestrian uses. Staff recommends Denial of Part 1 of VC21-03 to allow the existing structures and activity areas to remain as shown on the site plan received by the Community Development Department on February 25, 2021 based on Staff’s recommendation that the proposed Use Permit for Agricultural Related Activities be denied. Part 2 - Sec. 64-1797 (e) - All structures housing animals shall be set back a minimum of 100 feet from all property lines. The site plan indicates structures housing animals within the minimum 100-foot setback on the site plan. They are small in size and located within the eastern portion of the property. Staff recommends DENIAL of VC21-03, Part 2 to allow the existing structures housing animals within the 100-foot setback to remain as shown on the site plan received by the Community Development Department on February 25, 2021 based on Staff’s recommendation that the proposed Use Permit for Agricultural Related Activities be denied. Rural Milton Overlay District The proposed site plan as shown meets the requirements of the Rural Milton Overlay District for Agricultural type uses pursuant to Sec. 64-1144. The applicant submitted a revised set of proposed conditions/uses for the Agricultural Related Activities on April 21, 2021 as outlined below: Uses: *Summer and other school children school break camps * Birthday parties *Agricultural/Farm/Equine-based Educational Events (boy / girl scouts or other community or church organized events) * Art-related Events (painting classes) *Limited farm animal petting (primarily associated with other events) no more than once per week for a limit of three (3) hours (the ‘barnyard experience’) * Events not expressly ancillary to single family residence, farm winery or equestrian permitted uses, but tied to agriculture Prohibited: *No Exotic Animals *No Kennel *No overnight camps or events Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on June 7, 2021 (First Presentation May 24, 2021). 5/19/2021 Page 14 of 19 U21-01/VC21-03 Agricultural Related Hours of Operation: *8:00 a.m. to 9:00 p.m. (reduction from § 64-1797 6:00 a.m. to 10:00 p.m.) Capacity Limitation: *Maximum attendees for a single event not to exceed 100 people *Children Camp/Birthday Party/Educational Event: maximum 35 children per event *Note: Section 64-1797 (g) provides maximum continuous sound levels of 60 dBA and a maximum peak sound level of 75 dBA at property lines. This will be met. Similarly, sanitary facilities and trash receptacles shall be located at least 100 feet from any property line as required by Section 64-1797(j). At the April 28, 2021 Planning Commission meeting, the applicant offered to reduce the number of attendees to be limited to a total of 25 attendees Monday through Friday and 50 attendees on Saturday and Sunday. City Arborist The canopy coverage calculations and any Specimen Tree recompense will be calculated when they submit for the land disturbance permit. The proposed parking locations do appear to involve tree removal but appears not to be any specimen trees involved. Based on the size of the parcel prior to a combination plat, the canopy coverage requirement will be 25%. Development Engineer Stormwater runoff from all new impervious surfaces created by the construction of new buildings, gravel parking areas and miscellaneous structures maybe managed by stormwater facilities located either within the parcel boundaries or a shared facility off-site. Fire Marshal -12,000 sq ft structure to be fully sprinklered. -Hydrant required within 100’ of remote FDC location. Show remote FDC location. -There must be a hydrant within 600’ of the proposed structure. -Show existing and proposed (if needed) hydrants. -Flow test required at LDP. -Fire access road shall extend to 150’ of all portions of the structure. -ADA accessibility. -Gravel drive 24’ width minimum. 20’-24’ is ok with fire lane signage every 50’ and on both sides of the road. -Gate width 15’ minimum with Knox switch access. -Auto turn apparatus from Bethany Bend to proposed structure. -Show accessible spaces in close proximity to proposed structure. Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on June 7, 2021 (First Presentation May 24, 2021). 5/19/2021 Page 15 of 19 U21-01/VC21-03 Agricultural Related -Incorporate a fire department turnaround since the new entrance does not appear to fully connect with the Bethany Way entrance. -Plan subject to an in-depth review at the time of application of LDP Transportation Site improvements including driveway locations, fencing and stormwater pond are to be coordinated with underway Hopewell Road at Bethany Bend/Way intersection improvement project. Environmental Site Analysis The Environmental Site Analysis (ESA) report was completed. On the site, there is a stream on the property which identifies the appropriate state and city buffers. Further, there are no floodplain, steep slopes, archeological/historical sites, endangered vegetation, or wildlife on the site. The applicant has not submitted tree survey but will be required to meet the Tree Canopy Ordinance at the time of Land Disturbance. Public Involvement Community Zoning Information Meeting On March 23, 2021, the applicant was present at the Community Zoning Information Meeting held at the Milton City Hall and via Zoom. There were approximately 8 members of the community who signed the attendance sheet. There appeared to be more in the audience. The meeting was also held via Zoom. • Traffic caused by the various current events and concern over the speed of existing traffic on Bethany Way. • Noise coming from music at the winery impacting enjoyment of nearby property owners. • Parking off site at the Bethany Oaks subdivision pool area. • Concerned with people leaving the venue intoxicated. • Do not mind the children related events like birthday parties, painting horses, day camps and equestrian related business. City of Milton Design Review Board Meeting Courtesy Review – April 13, 2021 The following comments were made at the meeting: • The majority of members expressed supporting the existing uses on the property such as the winery, equestrian related uses, children’s activities, but not to expand the uses as requested. Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on June 7, 2021 (First Presentation May 24, 2021). 5/19/2021 Page 16 of 19 U21-01/VC21-03 Agricultural Related Public Participation Plan and Report The applicant submitted the Public Participation Report on April 21, 2021. The public participation meeting was held on April 19, 2021 at 7:00 p.m. at 3105 Bethany Way. There were 16 people in attendance that signed the attendance sheet. Their concerns were the following: noise primarily during ticketed live events, traffic congestion, off-site parking at Bethany Oaks S/D swimming pool. Response from applicant were indicated on the Public Participation Report: measure noise levels at events, propose conditions to on-site parking. mitigate noise including additional limits on allowable dB, hours of operation, frequency of events, and numbers of ticketed attendees. Request on social media, through parking attendants and off-duty police for on-site parking. Attendees not to park off-site and coordinate with Bethany Oaks HOA. CONCLUSION The proposed Agricultural Related Activities Use Permit is inconsistent with the City of Milton Comprehensive Plan Update 2016 and Objectives, In addition, the proposed Agricultural Related Activities Use Permit is not compatible with surrounding land uses since it would operate concurrently with the by right uses of the farm winery and the equestrian related activities including riding lessons, boarding of horses as well as the request of a Rural Event Facility Use Permit for a maximum of 100 attendees per event every day of the week, and lastly for the request of the Festivals or Events, Indoor/Outdoor Use Permit with a maximum of 200 attendees at each event. Therefore, Staff recommends that U21-02 be DENIED. In addition, Staff recommends that VC21-03, Parts 1 and 2 be DENIED. If the Mayor and City Council choose to approve the requested use permit and concurrent variances, Staff has provided a set of recommended conditions below. Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on June 7, 2021 (First Presentation May 24, 2021). 5/19/2021 Page 17 of 19 U21-01/VC21-03 Agricultural Related Roundabout at Bethany Bend and Hopewell Road Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on June 7, 2021 (First Presentation May 24, 2021). 5/19/2021 Page 18 of 19 U21-01/VC21-03 Agricultural Related RECOMMENDED CONDITIONS If this petition is approved by the Mayor and City Council, a Use Permit would be approved for an Agricultural Related Activities (Sec 64-1797) subject to the owner’s agreement to the following enumerated conditions. 4) To the owner’s agreement to restrict the use of the subject property as follows: a) Agricultural Related Activities excluding Exotic Animals, Kennels, and overnight camps or events on 18.06 acres. 5) To the owner’s agreement to abide by the following: a) Substantial compliance with the Site Plan received by the Community Development Department on February 25, 2021, and whereby the exact layout of the project may contain minor deviations approved by the Community Development Director provided the deviations remain consistent with the purpose and intent of the Council’s approval of the Use Permit. Notwithstanding the contents of the site plan, the project must meet or exceed the requirements of the Zoning Ordinance, all other applicable city ordinances, and these conditions. The site plan may be revised with the approval of the Community Development Director in order to comply with city codes and zoning conditions. Unless otherwise noted herein, compliance with all conditions shall be in place prior to the issuance of the first Certificate of Occupancy. 6) To the owner’s agreement to the following use requirements: a) Days and hours of operation shall be the following: i. Monday through Saturday, 8:00 a.m. to 9:00 p.m. ii Sunday, 10:00 a.m. to 7:00 p.m. b) There shall be no more than a total of 25 attendees per day, Monday through Friday and no more than a total of 50 attendees on Saturday and Sunday for camps, birthday parties, and educational events. c) Limited farm animal petting (primarily associated with other events) no more than once per week for a limit of three (3) hours (the ‘barnyard experience’) Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on June 7, 2021 (First Presentation May 24, 2021). 5/19/2021 Page 19 of 19 U21-01/VC21-03 Agricultural Related d) Maximum sound of 50 db(A) up to 55 db(A) measured at the property lines. Music associated with the activities shall only be allowed to be acoustical. 7) To the owner’s agreement to the following site development considerations: a) Provide adequate temporary bathroom facilities, including handicapped accessible until which time permanent bathroom facilities can be provided. Said facilities shall be located at least 100 feet from any property line and out of view from Bethany Way or Hopewell Road. b) Trash receptacles shall be located at least 100 feet from any property line. c) Allow the existing parking areas, wood pavilion, horse arenas, and driveways within the 100-foot activity setback (Sec. 64-1797 (d)) (VC21-03, Part 1). d) Allow the structures housing animals to be located within 100 feet of a property line (Sec. 64-1797 (e)) (VC21-03, Part 2). 5) To the owner’s agreement to abide by the following requirements, dedication and improvements: a) Access to the site and frontage improvements shall be subject to the approval of City of Milton Department of Public Works, prior to the issuance of a Business License, Land Disturbance Permit, Subdivision Plat or Certificate of Occupancy (whichever comes first). Entrance(s) and frontage improvements shall conform to Chapter 48 Streets, Sidewalks and Other Public Places and Chapter 64 Zoning of the City of Milton Code of Ordinances. b) If at such time the Director of Public Works determines that the traffic generated by the site impacts the operations of Bethany Way or Hopewell Road, he/she may require the owner to conduct a traffic study to determine if the development warrants any additional improvements at no cost to the city. If improvements are determined to be warranted, owner shall install those at no cost to the city. c) A stormwater management concept plan shall be submitted and approved by Milton Public Works Department prior to submission of land disturbance application if required. Page 1 of 8 U21-01/VC21-03 ORDINANCE NO._______ PETITION NO. U21-01/VC21-03 STATE OF GEORGIA COUNTY OF FULTON AN ORDINANCE TO APPROVE A USE PERMIT FOR AGRICULTURAL RELATED ACTIVITIES (SEC. 64-1797) ON 18.027 ACRES LOCATED AT 2105 BETHANY WAY AND A CONCURRENT VARIANCE BE IT ORDAINED by the City Council for the City of Milton, Georgia while in regular session on June 7, 2021 at 6:00 p.m. as follows: SECTION 1. That the Zoning Ordinance of the City of Milton be amended, so that the property located at 2105 Bethany Way consisting of a total of 18.027 acres, as described in the legal description attached hereto as Exhibit “A”, be approved subject to the Conditions of Approval described in Exhibit “B”; and SECTION 2. That the Use Permit approved hereby is subject to the provisions of Sec. 64-1797 of the Zoning Ordinance of the City of Milton; and SECTION 3. That the Concurrent Variance (VC21-03) be approved as described in Exhibit “C”; and SECTION 4. That the property shall be developed in compliance with the Conditions of Approval as described as attached; provided that no uses or conditions hereby approved (including any site plan) shall authorize the violation of any district regulations or other zoning regulations other than as authorized by the Concurrent Variance as described in Exhibit “C” approved hereby; and SECTION 5. That all ordinances or parts of ordinances otherwise in conflict with the terms of this Ordinance are hereby repealed; and SECTION 6. This Ordinance shall become effective upon adoption by the Mayor and City Council and the signature of approval of the Mayor. ORDAINED this 7th day of June 2021. Page 2 of 8 U21-01/VC21-03 Approved: ______________________ Joe Lockwood, Mayor Attest: ________________________________ Tammy Lowit, City Clerk (Seal) Page 3 of 8 U21-01/VC21-03 Page 4 of 8 U21-01/VC21-03 Page 5 of 8 U21-01/VC21-03 EXHIBIT “B” RECOMMENDED CONDITIONS If this petition is approved by the Mayor and City Council, a Use Permit would be approved for an Agricultural Related Activities (Sec 64-1797) subject to the owner’s agreement to the following enumerated conditions. 1) To the owner’s agreement to restrict the use of the subject property as follows: a) Agricultural Related Activities excluding Exotic Animals, Kennels, and overnight camps or events on 18.027 acres. 2) To the owner’s agreement to abide by the following: a) Substantial compliance with the Site Plan received by the Community Development Department on February 25, 2021, and whereby the exact layout of the project may contain minor deviations approved by the Community Development Director provided the deviations remain consistent with the purpose and intent of the Council’s approval of the Use Permit. Notwithstanding the contents of the site plan, the project must meet or exceed the requirements of the Zoning Ordinance, all other applicable city ordinances, and these conditions. The site plan may be revised with the approval of the Community Development Director in order to comply with city codes and zoning conditions. Unless otherwise noted herein, compliance with all conditions shall be in place prior to the issuance of the first Certificate of Occupancy. 3) To the owner’s agreement to the following use requirements: a) Days and hours of operation shall be the following: i. Monday through Saturday, 8:00 a.m. to 9:00 p.m. ii Sunday, 10:00 a.m. to 7:00 p.m. b) There shall be no more than a total of 25 attendees per day, Monday through Friday and no more than a total of 50 attendees on Saturday and Sunday for camps, birthday parties, and educational events. c) Limited farm animal petting (primarily associated with other events) no more than once per week for a limit of three (3) hours (the ‘barnyard experience’) Page 6 of 8 U21-01/VC21-03 d) Maximum sound of 50 db(A) up to 55 db(A) at the property lines. Music associated with the activities shall only be allowed to be acoustical. 4) To the owner’s agreement to the following site development considerations: a) Provide adequate temporary bathroom facilities, including handicapped accessible until which time permanent bathroom facilities can be provided. Said facilities shall be located at least 100 feet from any property line and out of view from Bethany Way or Hopewell Road. b) Trash receptacles shall be located at least 100 feet from any property line. 5) To the owner’s agreement to abide by the following requirements, dedication and improvements: a) Access to the site and frontage improvements shall be subject to the approval of City of Milton Department of Public Works, prior to the issuance of a Business License, Land Disturbance Permit, Subdivision Plat or Certificate of Occupancy (whichever comes first). Entrance(s) and frontage improvements shall conform to Chapter 48 Streets, Sidewalks and Other Public Places and Chapter 64 Zoning of the City of Milton Code of Ordinances. b) If at such time the Director of Public Works determines that the traffic generated by the site impacts the operations of Bethany Way or Hopewell Road, he/she may require the owner to conduct a traffic study to determine if the development warrants any additional improvements at no cost to the city. If improvements are determined to be warranted, owner shall install those at no cost to the city. c) A stormwater management concept plan shall be submitted and approved by Milton Public Works Department prior to submission of land disturbance application if required. Page 7 of 8 U21-01/VC21-03 SITE PLAN SUBMITTED – FEBRUARY 25, 2021 Page 8 of 8 U21-01/VC21-03 EXHIBIT “C” APPROVED CONCURRENT VARIANCE (VC21-03) a) Allow the existing parking areas, wood pavilion, horse arenas, and driveways within the 100-foot activity setback (Sec. 64-1797 (d)) (VC21-03, Part 1). b) Allow the structures housing animals to be located within 100 feet of a property line (Sec. 64-1797 (e)) (VC21-03, Part 2). CITY COUNCIL AGENDA ITEM TO: City Council DATE: June 1, 2021 FROM: Steven Krokoff, City Manager AGENDA ITEM: Consideration Consideration of U21-02 – 2105 Bethany Way containing multiple parcels) for a Total of 18.07 Acres by The PFAJ Revocable Trust Dated 2/17/2019 to Request a Use Permit for Rural Event Facility, Sec. 64-1842. MEETING DATE: Monday, June 7, 2021 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: __________ June 7, 2021 X X X Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on June 7, 2021 (First Presentation - May 24, 2021) 5/19/2021 Page 1 of 19 U21-02 – Rural Event Facility PETITION NUMBERS: U21-02 ADDRESS 2105 Bethany Way DISTRICT, LAND LOT 2/2 892 OVERLAY DISTRICT Rural Milton Overlay District EXISTING ZONING AG-1 (Agricultural) PROPOSED USE PERMIT Rural Event ACRES 18.027 EXISTING USES Single Family Residence, equestrian facility, winery PROPOSED USE Rural event facility OWNER/APPLICANT The PFAJ Revocable Trust dated 2.7.19 ADDRESS 2105 Bethany Way Milton, GA 30004 REPRESENTATIVE Ellen Smith Parker Poe & Bernstein LLP 1075 Peachtree Street, Suite 1500 Atlanta, GA 30309 INTENT To request a Rural Event Facility on 18.027 acres. (Sec 64-1842) COMMUNITY DEVELOPMENT DEPARTMENT RECOMMENDATION U21-02 – DENIAL PLANNING COMMISSION RECOMMENDATION – APRIL 28, 2021 U21-02 – DENIAL – Vote of 6-1 (Middlebrooks in the negative) Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on June 7, 2021 (First Presentation - May 24, 2021) 5/19/2021 Page 2 of 19 U21-02 – Rural Event Facility LOCATION MAP Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on June 7, 2021 (First Presentation - May 24, 2021) 5/19/2021 Page 3 of 19 U21-02 – Rural Event Facility EXISTING ZONING MAP Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on June 7, 2021 (First Presentation - May 24, 2021) 5/19/2021 Page 4 of 19 U21-02 – Rural Event Facility 2035 FUTURE LAND USE MAP Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on June 7, 2021 (First Presentation - May 24, 2021) 5/19/2021 Page 5 of 19 U21-02 – Rural Event Facility SITE PLAN SUBMITTED – FEBRUARY 25, 2021 Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on June 7, 2021 (First Presentation - May 24, 2021) 5/19/2021 Page 6 of 19 U21-02 – Rural Event Facility SUBJECT SITE The subject site is zoned AG-1 (Agricultural) with a total of seven tax parcels totaling 18.027 acres. The applicant recently purchased 13760 Hopewell Road in which the City of Milton will be constructing a portion of the new roundabout at Hopewell Road and Bethany Bend. The site includes a single-family residence with a detached garage, an additional garage with a residence, a small cemetery, swimming pool, small wood pavilion used for entertainment, various barns, two uncovered horse arenas, vineyards, and other accessory structures. The Painted Horse Winery currently operates on the site which is allowed by right within the AG-1 zoning district. There is a tasting room located within the basement of the house as well as areas on the lawn behind the house to sit and listen to background music. There are vineyards located on the property as well. BACKGROUND Based on the applicant’s letter of intent, Ms. Pamela Jackson and her family acquired the first tracts of the property in 1991. In 1996, equine barns were built, and horses were moved in, and in 2003, The Farm at Pamelot, Inc. was formally incorporated. Starting in 1997, the Farm started hosting a variety of uses and events including equine breeding, boarding, and training, animal husbandry, an annual Easter egg hunt, ticketed live music events and various corporate events and weddings at the property, including using valet services as needed. Starting in 2002, and continuously since then, The Farm has hosted summer camp as a weeklong day camp for children, birthday parties and other boy and girl scout types of events. There have been a variety of ancillary uses to the farm (including various fruit tree and apiary agricultural uses) historically for more than twenty years. In 2018, Ms. Jackson planted her first vineyards, and in 2019, the Farm became licensed as the City’s and Fulton County’s first farm winery. The applicant states that an additional four acres of vineyards are being added this year. During the summer and fall of 2020, the City received various complaints regarding an increased number of visitors to the site, issues with off premise parking, and loud music coming from the property. The City asked to meet with Ms. Jackson and her legal counsel to discuss their programming on the property. The City (including the Community Development Director, Zoning Manager and City Attorney) met with Ms. Jackson and Ms. Smith her legal counsel multiple times during late 2020. Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on June 7, 2021 (First Presentation - May 24, 2021) 5/19/2021 Page 7 of 19 U21-02 – Rural Event Facility The applicant asserted that the activities that she was holding were uses that were “grandfathered” or potentially legally nonconforming uses and that she did not need Use Permits to bring the variety of uses in compliance with the City’s Zoning Ordinance. The City did not agree with the applicant’s conclusion and asked them to apply for the appropriate use permits that would potentially bring them in compliance if ultimately approved by the Mayor and City Council. As stated in the applicant’s letter of intent “These applications are being filed in good faith by Ms. Jackson, to further resolution of disputes between Ms. Jackson and the City regarding permitted and potentially legally nonconforming uses of the property. These are being submitted without waiver by Ms. Jackson of her rights, claims, interests or defenses with respect to prior, ongoing, or future events, uses or operations at or on the property and without admission by owner of the need for such permits or variances.” On April 21, 2021, the applicant submitted a revised set of proposed conditions/uses for the Rural Event Facility. These will be discussed below within each appropriate topic. USE PERMIT CONSIDERATIONS In the interest of the public health, safety and welfare, the Mayor and City Council may exercise limited discretion in evaluating the site proposed for a use that requires a Use Permit. In exercising such discretion pertaining to the subject use, the Mayor and City Council shall consider each of the following as outlined in Sec. 64-1552 of the Zoning Ordinance: Use Permit Considerations. Staff has reviewed said items pertaining to the subject use, and offers the following comments: 1. Whether the proposed use is consistent with the land use or economic development plans adopted by the Mayor and City Council: The proposed development is within the Agricultural, Equestrian, Estate Residential (AEE) land use category on the City of Milton 2035 Comprehensive Plan Map contained in the City of Milton Comprehensive Plan Update 2016. The proposed Use permit for a Rural Event Facility is permitted in AG-1 (Agricultural). Although the proposed use permit is consistent with the land use plan, but when considering it concurrently with the already by right use of the farm winery and the equestrian related activities such as riding lessons and boarding of horses as well as the request of Agricultural Related Activities with a maximum of 25 attendees Monday through Friday; 50 attendees on Saturday and Sunday, and lastly for the request of the Festivals or Events, Indoor/Outdoor with a maximum of 200 attendees at each event, the proposed Rural Event Facility Use Permit is not consistent with the following Plan Objectives: Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on June 7, 2021 (First Presentation - May 24, 2021) 5/19/2021 Page 8 of 19 U21-02 – Rural Event Facility o We will seek opportunities to provide pleasant, accessible, public gathering places and parks throughout the community. o We will encourage development that is sensitive to the overall setting of the community and will contribute to our community’s sense of place. 2. Compatibility with land uses and zoning districts in the vicinity of the property for which the use permit is proposed: The adjacent uses to the north and northeast are large lots developed with single family residences as well as equestrian related facilities. Staff notes that a Festival, Event Indoor/Outdoor was approved at 13895 Hopewell Road to be used as a wedding facility in 2014 but has not been operated in that capacity. To the east are scattered single family residences and the Bethany Oaks Subdivision zoned AG-1 (Agricultural) and Northpark Subdivision. To the south are large lots developed with single family residences and equestrian related facilities. To the southwest is Cooper Sandy Subdivision zoned AG-1 developed with single family residences. To the west are large lots developed with single family residences and equestrian related facilities zoned AG-1. Based on these surrounding uses which include single family residences adjacent and nearby, the proposed Rural Event Facility Use Permit is not compatible with surrounding land uses since it would operate concurrently with the by right uses of the farm winery and the equestrian related activities including riding lessons, boarding of horses as well as the request of Agricultural Related Activities with no more than a total of 25 attendees per day, Monday through Friday and no more than a total of 50 attendees on Saturday and Sunday and lastly for the request of the Festivals or Events, Indoor/Outdoor with a maximum of 200 attendees at each event. 3. Whether the proposed use may violate local, state and/or federal statutes, ordinances or regulations governing land development: The proposed use does appear to violate ordinances or regulations governing land development. 4. The effect of the proposed use on traffic flow, vehicular and pedestrian, along adjoining streets: The proposed use’s effect on the traffic flow, vehicular and pedestrian, along adjoining streets is impacted by not only the proposed use but the other by right activities of the farm winery, equestrian related activities Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on June 7, 2021 (First Presentation - May 24, 2021) 5/19/2021 Page 9 of 19 U21-02 – Rural Event Facility including riding lessons, boarding of horses as well as the request of the agricultural related activities with no more than a total of 25 attendees per day, Monday through Friday and no more than a total of 50 attendees on Saturday and Sunday, and lastly for the request of the Festivals or Events, Indoor/Outdoor with a maximum of 200 attendees at each event. All of these activities collectively will cause a burden on the adjacent and nearby streets at various times and days of the week. 5. The location and number of off-street parking spaces: The locations of the off-street parking are scattered around the approximately 18 acres. There are twelve spaces near the western portion of the site and an additional six spaces to the north of the twelve. Based on aerials, the six spaces appear to be where trees would be cut but based on the overall tree canopy coverage, it would not impact the overall site if they were located there. In addition, there are 37 spaces located on the north, central and eastern portion of the site of which portions of these spaces already exist and are located within the required 100-foot setback for parking. It appears that there is sufficient room to relocate the existing spaces that are within this 100-foot setback as well as relocate the proposed spaces outside of the 100-foot setback as required in Sec. 64-1842 (b)5. Staff notes that the Rural Event Facility use permit requires one space per 2.5 attendees. The applicant has indicated that the maximum number will be 100 and therefore, 40 parking spaces will be required. The by right activities such as the farm winery that currently operates during the following days and times; Thursdays, 1 pm – 6 pm Friday and Saturday 1 pm – 8 pm, and Sunday 1 pm – 5 pm and the Pamelot Farm that operates riding lessons and boarding require sufficient parking for their attendees. In addition, there are two additional use permits being requested, that if approved, may operate concurrently during the above activities which requires additional parking and would be a burden on the site. Lastly, based on the submitted site plan, it is difficult to determine where attendees can park especially in those instances when several events may occur at the same time. 6. The amount and location of open space: Although the site provides open space since there is approximately 18 acres including a stream that cuts through it and provides the required 75- foot buffer on either side of the creek as well as pastures, vineyards, and other open spaces, the site is not large enough in size to accommodate Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on June 7, 2021 (First Presentation - May 24, 2021) 5/19/2021 Page 10 of 19 U21-02 – Rural Event Facility the proposed use as well as the other uses by right mentioned and the requested use permits for an Agricultural Related Activities and Festivals or Events, Indoor/Outdoor. 7. Protective screening: The existing vegetation that is located on the property and in most places located along or near its exterior property lines is not sufficient to ameliorate noise, light, and activity from the proposed use as well as collectively the other uses by right mentioned and the requested use permits for a Rural Event Facility and Festivals or Events, Indoor/Outdoor. 8. Hours and manner of operation: The applicant has proposed the following days, times of operation: Sunday through Thursday, 9:00 a.m. to 10:00 p.m. Friday through Saturday, 9:00 a.m. to 11:00 p.m. Facility to be closed at 11:00 p.m. Music will end at 10 p.m. No more than four (4) events per week Staff is concerned with the evening times that allow events up to 11:00 p.m. on weekends and 10:00 p.m. on weekdays when the farm winery also is in operation during some of these times of operation as well as possibly the Agricultural Related Activities. If the Mayor and City Council chooses to approve this request, Staff will propose times of operation to cease one hour earlier then proposed by the applicant. 9. Outdoor lighting: The applicant has not indicated any additional lighting on the site except If lighting is required for life/safety and will comply with the Night Sky Ordinance. 10. Ingress and egress to the property: There are three existing curb cuts on the property along Bethany Way. The most western curb cut is located within the 100-foot activity area setback. A future curb cut will be built by the City at the time of the new roundabout is completed at Hopewell Road and Bethany Bend. As mentioned above, when considering not only the request for the Rural Event Facility as well as the by right use of the farm winery and equestrian related uses and the other two requested use permits for the Agricultural Related Facilities and Festivals or Events, Indoor/Outdoor, the existing traffic on Bethany Way and Hopewell Road may be negatively impacted Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on June 7, 2021 (First Presentation - May 24, 2021) 5/19/2021 Page 11 of 19 U21-02 – Rural Event Facility depending on the activities occurring at various times and days of the week on the site. Based on the evaluation of the above Use Permit Considerations, Staff recommends Denial of U21-02 for the Rural Event Facility. Site Plan Considerations Based on the site plan received on February 25, 2021 and revised proposed conditions and uses chart received on April 21, 2021 Staff offers the following site plan considerations. U21-02 – Rural Event Facility (Sec. 64-1842) Rural Event Facility means a permanently established facility to include indoor or outdoor and indoor/outdoor or both sites utilized on a regular or seasonal basis for public and private gatherings. The facility takes advantage of special rural characteristics such as natural features, historic structures and landscapes, special views, open vistas, or a secluded pastoral locale. Types of uses may include but are not limited to weddings, corporate events, retreats, community events, private parties, and family gatherings/reunions. Required Standards Meets the Standard (a) Required districts. AG-1, R-1, R-2, and R-2A Yes (b) Standards. 1. Minimum lot size shall be five acres. Yes 2. Permitted curb cut access shall not be from local streets. Yes 3. Parking. a. Parking areas for event attendees must be constructed of concrete, asphalt, and/or gravel or as approved by the department of public works or other materials that prevents erosion of the parking area. b. One parking space per 2.5 attendees is required. c. Parking areas shall be screened from roads and adjacent properties. Yes 4. Noise levels measured at the property line shall be in accordance with chapter 20, article VII, division 2 of the City Code. Yes 5. Activity areas such as outdoor dining, entertainment areas, including parking shall be at least 100 feet from any lot line unless the special event facility and adjacent lot are in single ownership. Yes 6. The maximum number of attendees and hours of operation will be evaluated by the mayor and city council on a case-by-case basis for each site to protect the public's health, safety and welfare. Yes 7. Tents used for any event may be set up no more than 24 hours in advance Yes Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on June 7, 2021 (First Presentation - May 24, 2021) 5/19/2021 Page 12 of 19 U21-02 – Rural Event Facility and must be taken down within 24 hours after such event. 8. Location and dimensions of undisturbed buffers, if needed to ameliorate the visual and audio effects of the facility, will be evaluated, and determined by mayor and city council on a case-by-case basis for each site. Yes 9. The design of newly constructed structures is to be consistent with the "building and other structure design (subsection 64-1142(f)) of the Rural Milton Overlay Zoning District. Yes The above development requirements are addressed within the Use Permit Considerations below with the exception of 4. Noise and 6. Number of Attendees. The applicant’s revised proposed conditions state the following regarding noise: Live music to end no later than 10:00 p.m. Maximum continuous sound levels of 60 dBA and a maximum peak sound level of 75 dBA at property lines. The City’s requirement for Noise is the noise control ordinance in Chapter 20 of the City Code. Regarding this situation, the following regulations apply: This is based on the definition of commercial establishments that would consider the Rural Event Facility as a commercial establishment. Sec. 20-661 .1. - Outdoor amplification and music at commercial establishments. (a) It shall be unlawful for any commercial establishment (including but not limited to a restaurant, bar, or nightclub) to operate or allow the operation of sound amplification equipment out of doors or directed out of doors or to allow live acoustic music out of doors or directed out of doors other than during the times listed below or so as to create sounds registering in excess of: (1) 85 dB(A) Sunday through Thursday between 8:00 a.m. and 9:00 p.m. (2) 60 dB(A) Sunday through Thursday between 9:00 p.m. and 2:00 a.m. the following day; (3) 85 dB(A) Friday or Saturday between 8:00 a.m. and 11:00 p.m.; or (4) 60 dB(A) between 11:00 p.m. and 2:00 a.m. the following day. For purposes of this section, hotels, motels, other short-term accommodations shall be considered residentially occupied property. (b)The decibel limits prescribed in this section shall be measured at the property line of the commercial property at which the sound is being generated. Although the proposed noise levels are below the maximum permitted, Staff recommends the following thresholds if the Mayor and City Council approve the request. Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on June 7, 2021 (First Presentation - May 24, 2021) 5/19/2021 Page 13 of 19 U21-02 – Rural Event Facility Maximum sound of 50 db(A) up to 55 db(A) at the property lines. In regard to the number of attendees, the applicant has proposed to have a maximum of 100 for any single event. The applicant submitted a revised set of proposed conditions/uses for the Rural Event Facility on April 21, 2021 as outlined below: Uses: Events not primarily associated with the agricultural operations, farm, equestrian or farm winery use of the property including, for example, weddings, corporate events (holiday parties, picnics, team building); yoga or other exercise / physical activity events; book clubs Restrictions on Uses *substantial compliance with site plan *substantial compliance with events traffic management (parking and circulation plan to be provided) Months, Days and Hours of Operation: *Sunday through Thursday, 9:00 a.m. to 10:00 p.m. *Friday through Saturday, 9:00 a.m. to 11:00 p.m. *Facility to be closed at 11:00 p.m. *No more than four (4) events per week Noise: *Live music to end no later than 10:00 p.m. *Maximum continuous sound levels of 60 dBA and a maximum peak sound level of 75 dBA at property lines [being reviewed to reduce] Alcohol: *Alcohol service shall cease 15 minutes before music or event ending. Police: *For any single event over 75 people, at least one off-duty police officer Capacity Limitations: *Attendees not to exceed 100 for any single event. Site Development Considerations: (a) provide adequate temporary bathroom facilities, including handicap accessible facilities outside of any required setbacks and in an inconspicuous area not visible from Bethany Way or Hopewell Road (b) no lighting except in accordance with night sky ordinance and as required for life/safety (c) if, at such time as the Director of Public Works determines that traffic generated by the property consistently adversely impacts the Hopewell Road / Bethany Way rights of way, he/she may require owner to conduct a traffic study to determine if any additional improvements are appropriate at no additional cost to the city. (d) Sanitary facilities and trash receptacles shall be located at least 100 feet from any property line Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on June 7, 2021 (First Presentation - May 24, 2021) 5/19/2021 Page 14 of 19 U21-02 – Rural Event Facility City Arborist The canopy coverage calculations and any Specimen Tree recompense will be calculated when they submit for the land disturbance permit. The proposed parking locations do appear to involve tree removal but appears not to be any specimen trees involved. Based on the size of the parcel prior to a combination plat, the canopy coverage requirement will be 25%. Development Engineer Stormwater runoff from all new impervious surfaces created by the construction of new buildings, gravel parking areas and miscellaneous structures maybe managed by stormwater facilities located either within the parcel boundaries or a shared facility off-site. Fire Marshal -12,000 sq ft structure to be fully sprinklered. -Hydrant required within 100’ of remote FDC location. Show remote FDC location. -There must be a hydrant within 600’ of the proposed structure. -Show existing and proposed (if needed) hydrants. -Flow test required at LDP. -Fire access road shall extend to 150’ of all portions of the structure. -ADA accessibility. -Gravel drive 24’ width minimum. 20’-24’ is ok with fire lane signage every 50’ and on both sides of the road. -Gate width 15’ minimum with Knox switch access. -Auto turn apparatus from Bethany Bend to proposed structure. -Show accessible spaces in close proximity to proposed structure. -Incorporate a fire department turnaround since the new entrance does not appear to fully connect with the Bethany Way entrance. -Plan subject to an in-depth review at the time of application of LDP Transportation Site improvements including driveway locations, fencing and stormwater pond are to be coordinated with underway Hopewell Road at Bethany Bend/Way intersection improvement project. Rural Milton Overlay District The proposed site plan as shown meets the requirements of the Rural Milton Overlay District for Agricultural type uses pursuant to Sec. 64-1144. Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on June 7, 2021 (First Presentation - May 24, 2021) 5/19/2021 Page 15 of 19 U21-02 – Rural Event Facility Environmental Site Analysis The Environmental Site Analysis (ESA) report was completed. On the site, there is a stream on the property which identifies the appropriate state and city buffers. Further, there are no floodplain, steep slopes, archeological/historical sites, endangered vegetation, or wildlife on the site. The applicant has not submitted but will be required to meet the Tree Canopy Ordinance at the time of Land Disturbance. Public Involvement Community Zoning Information Meeting On March 23, 2021, the applicant was present at the Community Zoning Information Meeting held at the Milton City Hall and via Zoom. There were approximately 8 members of the community who signed the attendance sheet. There appeared to be more in the audience. The meeting was also held via Zoom. • Traffic caused by the various current events and concern over the speed of existing traffic on Bethany Way. • Noise coming from music at the winery impacting enjoyment of nearby property owners. • Parking off site at the Bethany Oaks subdivision pool area. • Concerned with people leaving the venue intoxicated. • Do not mind the children related events like birthday parties, painting horses, day camps and equestrian related business. City of Milton Design Review Board Meeting Courtesy Review – April 13, 2021 The following comments were made at the meeting: • The majority of members expressed supporting the existing uses on the property such as the winery, equestrian related uses, children’s activities, but not to expand the uses as requested. Public Participation Plan and Report The applicant submitted the Public Participation Report on April 21, 2021. The public participation meeting was held on April 19, 2021 at 7:00 p.m. at 3105 Bethany Way. There were 16 people in attendance that signed the attendance sheet. Their concerns were the following: noise primarily during ticketed live events, traffic congestion, off-site parking at Bethany Oaks S/D swimming pool. Response from applicant were indicated on the Public Participation Report: measure noise levels at events, propose conditions to on-site parking. mitigate noise including additional limits on allowable dB, hours of operation, frequency Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on June 7, 2021 (First Presentation - May 24, 2021) 5/19/2021 Page 16 of 19 U21-02 – Rural Event Facility of events, and numbers of ticketed attendees. Request on social media, through parking attendants and off-duty police for on-site parking. Attendees not to park off-site and coordinate with Bethany Oaks HOA. CONCLUSION The proposed Rural Event Facility Use Permit is inconsistent with the City of Milton Comprehensive Plan Update 2016 and Objectives, In addition, the proposed Rural Event Facility Use Permit is not compatible with surrounding land uses since it would operate concurrently with the by right uses of the farm winery and the equestrian related activities including riding lessons, boarding of horses as well as the request of the Agricultural Related Activities Use Permit, and lastly for the request of the Festivals or Events, Indoor/Outdoor Use Permit with a maximum of 200 attendees at each event. Therefore, Staff recommends that U21-02 be DENIED. If the Mayor and City Council choose to approve the requested use permit, Staff has provided a set of recommended conditions below. Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on June 7, 2021 (First Presentation - May 24, 2021) 5/19/2021 Page 17 of 19 U21-02 – Rural Event Facility Roundabout at Bethany Bend and Hopewell Road Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on June 7, 2021 (First Presentation - May 24, 2021) 5/19/2021 Page 18 of 19 U21-02 – Rural Event Facility RECOMMENDED CONDITIONS If this petition is approved by the Mayor and City Council, a Use Permit would be approved for a Rural Event Facility (Sec. 64-1842) subject to the owner’s agreement to the following enumerated conditions. 1) To the owner’s agreement to restrict the use of the subject property as follows: a) Rural Event Facility on 18.027 acres. 2) To the owner’s agreement to abide by the following: a) Substantial compliance with the Site Plan received by the Community Development Department on February 25, 2021, and whereby the exact layout of the project may contain minor deviations approved by the Community Development Director provided the deviations remain consistent with the purpose and intent of the Council’s approval of the Use Permit. Notwithstanding the contents of the site plan, the project must meet or exceed the requirements of the Zoning Ordinance, all other applicable city ordinances, and these conditions. The site plan may be revised with the approval of the Community Development Director in order to comply with city codes and zoning conditions. Unless otherwise noted herein, compliance with all conditions shall be in place prior to the issuance of the first Certificate of Occupancy. 3) To the owner’s agreement to the following use requirements: a) Days and hours of operation shall be the following: i. Sunday through Thursday, 9:00 a.m. to 9:00 p.m. ii Friday through Saturday, 9:00 a.m. to 10:00 p.m. iii. Facility to be closed at 10:00 p.m. iv. All music will end at 9 p.m. v. No more than four (4) events per week vi. Alcohol service shall cease 15 minutes before event ending. b) There shall be no more than 100 attendees for any single event. c) Maximum sound of 50 db(A) up to 55 db(A) measured at the property lines. d) For any single event over 75 people, at least one off-duty police officer will be required. Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on June 7, 2021 (First Presentation - May 24, 2021) 5/19/2021 Page 19 of 19 U21-02 – Rural Event Facility 4) To the owner’s agreement to the following site development considerations: a) Provide adequate temporary bathroom facilities, including handicapped accessible until which time permanent bathroom facilities can be provided. Said facilities shall be located at least 100 feet from any property line and out of view from Bethany Way or Hopewell Road. b) Trash receptacles shall be located at least 100 feet from any property line 5) To the owner’s agreement to abide by the following requirements, dedication and improvements: a) Access to the site and frontage improvements shall be subject to the approval of City of Milton Department of Public Works, prior to the issuance of a Business License, Land Disturbance Permit, Subdivision Plat or Certificate of Occupancy (whichever comes first). Entrance(s) and frontage improvements shall conform to Chapter 48 Streets, Sidewalks and Other Public Places and Chapter 64 Zoning of the City of Milton Code of Ordinances. b) If at such time the Director of Public Works determines that the traffic generated by the site impacts the operations of Bethany Way or Hopewell Road, he/she may require the owner to conduct a traffic study to determine if the development warrants any additional improvements at no cost to the city. If improvements are determined to be warranted, owner shall install those at no cost to the city. c) A stormwater management concept plan shall be submitted and approved by Milton Public Works Department prior to submission of land disturbance application if required. Page 1 of 7 U21-02 ORDINANCE NO._______ PETITION NO. U21-02 STATE OF GEORGIA COUNTY OF FULTON AN ORDINANCE TO APPROVE A USE PERMIT FOR RURAL EVENT FACILITY (SEC. 64- 1842) ON 18.027 ACRES LOCATED AT 2105 BETHANY WAY BE IT ORDAINED by the City Council for the City of Milton, Georgia while in regular session on June 7, 2021 at 6:00 p.m. as follows: SECTION 1. That the Zoning Ordinance of the City of Milton be amended, so that the property located at 2105 Bethany Way consisting of a total of 18.027 acres, as described in the legal description attached hereto as Exhibit “A”, be approved subject to the Conditions of Approval described in Exhibit “B”; and SECTION 2. That the Use Permit approved hereby is subject to the provisions of Sec. 64-1842 of the Zoning Ordinance of the City of Milton; and SECTION 3. That the property shall be developed in compliance with the Conditions of Approval as described as attached; provided that no uses or conditions hereby approved (including any site plan) shall authorize the violation of any district regulations or other zoning regulations; and SECTION 4. That all ordinances or parts of ordinances otherwise in conflict with the terms of this Ordinance are hereby repealed; and SECTION 5. This Ordinance shall become effective upon adoption by the Mayor and City Council and the signature of approval of the Mayor. ORDAINED this 7th day of June 2021. Page 2 of 7 U21-02 Approved: ______________________ Joe Lockwood, Mayor Attest: ________________________________ Tammy Lowit, City Clerk (Seal) Page 3 of 7 U21-02 Page 4 of 7 U21-02 Page 5 of 7 U21-02 EXHIBIT “B” RECOMMENDED CONDITIONS If this petition is approved by the Mayor and City Council, a Use Permit would be approved for a Rural Event Facility (Sec. 64-1842) subject to the owner’s agreement to the following enumerated conditions. 1) To the owner’s agreement to restrict the use of the subject property as follows: a) Rural Event Facility on 18.027 acres. 2) To the owner’s agreement to abide by the following: a) Substantial compliance with the Site Plan received by the Community Development Department on February 25, 2021, and whereby the exact layout of the project may contain minor deviations approved by the Community Development Director provided the deviations remain consistent with the purpose and intent of the Council’s approval of the Use Permit. Notwithstanding the contents of the site plan, the project must meet or exceed the requirements of the Zoning Ordinance, all other applicable city ordinances, and these conditions. The site plan may be revised with the approval of the Community Development Director in order to comply with city codes and zoning conditions. Unless otherwise noted herein, compliance with all conditions shall be in place prior to the issuance of the first Certificate of Occupancy. 3) To the owner’s agreement to the following use requirements: a) Days and hours of operation shall be the following: i. Sunday through Thursday, 9:00 a.m. to 9:00 p.m. ii Friday through Saturday, 9:00 a.m. to 10:00 p.m. iii. Facility to be closed at 10:00 p.m. iv. All music will end at 9 p.m. v. No more than four (4) events per week vi. Alcohol service shall cease 15 minutes before event ending. b) There shall be no more than 100 attendees for any single event. c) Maximum sound of 50 db(A) up to 55 db(A) at the property lines. d) For any single event over 75 people, at least one off-duty police officer will be required. Page 6 of 7 U21-02 4) To the owner’s agreement to the following site development considerations: a) Provide adequate temporary bathroom facilities, including handicapped accessible until which time permanent bathroom facilities can be provided. Said facilities shall be located at least 100 feet from any property line and out of view from Bethany Way or Hopewell Road. b) Trash receptacles shall be located at least 100 feet from any property line 5) To the owner’s agreement to abide by the following requirements, dedication and improvements: a) Access to the site and frontage improvements shall be subject to the approval of City of Milton Department of Public Works, prior to the issuance of a Business License, Land Disturbance Permit, Subdivision Plat or Certificate of Occupancy (whichever comes first). Entrance(s) and frontage improvements shall conform to Chapter 48 Streets, Sidewalks and Other Public Places and Chapter 64 Zoning of the City of Milton Code of Ordinances. b) If at such time the Director of Public Works determines that the traffic generated by the site impacts the operations of Bethany Way or Hopewell Road, he/she may require the owner to conduct a traffic study to determine if the development warrants any additional improvements at no cost to the city. If improvements are determined to be warranted, owner shall install those at no cost to the city. c) A stormwater management concept plan shall be submitted and approved by Milton Public Works Department prior to submission of land disturbance application if required. Page 7 of 7 U21-02 SITE PLAN SUBMITTED – FEBRUARY 25, 2021 CITY COUNCIL AGENDA ITEM TO: City Council DATE: June 1, 2021 FROM: Steven Krokoff, City Manager AGENDA ITEM: Consideration of U21-03/VC21-04 – 2105 Bethany Way (containing multiple parcels for a Total of 18.07 Acres by the PFAJ Revocable Trust Dated 2/17/2019 to Request a Use Permit for Festivals or Events, Indoor/Outdoor, Sec. 64-1812 and the Following 7-Part Concurrent Variance. 1) To delete the requirement for an eight-foot-high 100-percent opaque fence adjacent to residential districts or AG-1 Districts used for single-family dwellings (Sec 64-1812(b)(2)) 2) To allow the existing parking within the 100 feet from a residential district or AG-1 districts used for single family dwellings (Sec 64-1812(b)(4)) 3) To eliminate the three-year period from the date of the city council’s approval (Sec 64-1812(b)(6)) 4) To allow the 10-foot-wide strip along all public streets to be planted with the existing landscaping/vegetation along Bethany Way and Hopewell Road (Sec 64-1142(a)(1)) 5) To reduce or eliminate the 75-foot-wide undisturbed buffer or alternative screening design, with a ten-foot improvement setback adjacent to all AG-1 zoning districts where existing structures, driveways, activity areas, and parking are shown on the site plan (Sec. 64-1142(a)(3)b.) ` 6) To eliminate sidewalks along Bethany Way and Hopewell Road (Sec. 64-1142(e)) 7) To allow for a lighting plan without light pole installation (Sec. 64-1142 (f)) MEETING DATE: Monday, June 7, 2021 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: __________ June 7, 2021 X X X Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on June 7, 2021 (First Presentation May 24, 2021). 5/19/2021 U21-03/VC21-04 Page 1 of 21 PETITION NUMBERS: U21-03/VC21-04 ADDRESS 2105 Bethany Way DISTRICT, LAND LOT 2/2 892 OVERLAY DISTRICT Rural Milton Overlay District EXISTING ZONING AG-1 (Agricultural) PROPOSED USE PERMIT Festivals or Events - Indoor/Outdoor ACRES 18.027 EXISTING USES Single Family Residence, equestrian facility, winery PROPOSED USES Festivals or Events – Indoor/Outdoor OWNER/APPLICANT The PFAJ Revocable Trust dated 2.7.19 ADDRESS 2105 Bethany Way Milton, GA 30004 REPRESENTATIVE Ellen Smith Parker Poe & Bernstein LLP 1075 Peachtree Street, Suite 1500 Atlanta, GA 30309 Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on June 7, 2021 (First Presentation May 24, 2021). 5/19/2021 U21-03/VC21-04 Page 2 of 21 COMMUNITY DEVELOPMENT DEPARTMENT RECOMMENDATION U21-03 - DENIAL VC21-04, Parts 1 THROUGH 7 - DENIAL PLANNING COMMISSION RECOMMENDATION – APRIL 28, 2021 U21-03 – DENIAL – VOTE OF 6-1 (Middlebrooks in the negative) VC21-04, Parts 1 THROUGH 7 – DENIAL – VOTE OF 6-1 (Middlebrooks in the negative) INTENT To request a Use Permit for Festivals or Events, Indoor/Outdoor, Sec. 64-1812 and the following 7-part concurrent variance to: 1) Delete the requirement for an eight-foot-high 100-percent opaque fence adjacent to residential districts or AG-1 Districts used for single-family dwellings (Sec. 64-1812 (b)(2)) 2) Allow the existing parking within the 100 feet from a residential district or AG-1 districts used for single family dwellings (Sec. 64-1812 (b)(4)) 3) Eliminate the three-year period from the date of the city council’s approval (Sec. 64-1812 (b)(6)) 4) Allow the 10-foot-wide strip along all public streets to be planted with the existing landscaping/vegetation along Bethany Way and Hopewell Road (Sec 64-1142 (a)(1)) 5) Reduce or eliminate the 75-foot-wide undisturbed buffer or alternative screening design, with a ten-foot improvement setback adjacent to all AG-1 zoning districts where existing structures, driveways, activity areas, and parking are shown on the site plan (Sec.64-1142 (3)b.) 6) Eliminate sidewalks along Bethany Way and Hopewell Road (Sec. 64-1142 (e)) 7) Allow for a lighting plan without light pole installation (Sec. 64-1142 (f)) Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on June 7, 2021 (First Presentation May 24, 2021). 5/19/2021 U21-03/VC21-04 Page 3 of 21 LOCATION MAP Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on June 7, 2021 (First Presentation May 24, 2021). 5/19/2021 U21-03/VC21-04 Page 4 of 21 EXISTING ZONING MAP Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on June 7, 2021 (First Presentation May 24, 2021). 5/19/2021 U21-03/VC21-04 Page 5 of 21 2035 FUTURE LAND USE MAP Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on June 7, 2021 (First Presentation May 24, 2021). 5/19/2021 U21-03/VC21-04 Page 6 of 21 SITE PLAN SUBMITTED – FEBRUARY 25, 2021 Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on June 7, 2021 (First Presentation May 24, 2021). 5/19/2021 U21-03/VC21-04 Page 7 of 21 SUBJECT SITE The subject site is zoned AG-1 (Agricultural) with a total of seven tax parcels totaling 17.82 acres. The applicant recently purchased 13760 Hopewell Road in which the City of Milton will be constructing a portion of the new roundabout at Hopewell Road and Bethany Bend. The site includes a single-family residence with a detached garage, an additional garage with a residence, a small cemetery, swimming pool, small wood pavilion used for entertainment, various barns, two uncovered horse arenas, vineyards, and other accessory structures. The Painted Horse Winery currently operates on the site which is allowed by right within the AG-1 zoning district. There is a tasting room located within the basement of the house as well as areas on the lawn behind the house to sit and listen to background music. There are vineyards located on the property as well. BACKGROUND Based on the applicant’s letter of intent, Ms. Pamela Jackson and her family acquired the first tracts of the property in 1991. In 1996, equine barns were built, and horses were moved in, and in 2003, The Farm at Pamelot, Inc. was formally incorporated. Starting in 1997, the Farm started hosting a variety of uses and events including equine breeding, boarding, and training, animal husbandry, an annual Easter egg hunt, ticketed live music events and various corporate events and weddings at the property, including using valet services as needed. Starting in 2002, and continuously since then, The Farm has hosted summer camp as a weeklong day camp for children, birthday parties and other boy and girl scout types of events. There have been a variety of ancillary uses to the farm (including various fruit tree and apiary agricultural uses) historically for more than twenty years. In 2018, Ms. Jackson planted her first vineyards, and in 2019, the Farm became licensed as the City’s and Fulton County’s first farm winery. The applicant states that an additional four acres of vineyards are being added this year. During the summer and fall of 2020, the City received various complaints regarding an increased number of visitors to the site, issues with off premise parking, and loud music coming from the property. The City asked to meet with Ms. Jackson and her legal counsel to discuss their programming on the property. The City (including the Community Development Director, Zoning Manager and City Attorney) met with Ms. Jackson and Ms. Smith her legal counsel multiple times during late 2020. Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on June 7, 2021 (First Presentation May 24, 2021). 5/19/2021 U21-03/VC21-04 Page 8 of 21 The applicant asserted that the activities that she was holding were uses that were “grandfathered” or potentially legally nonconforming uses and that she did not need Use Permits to bring the variety of uses in compliance with the City’s Zoning Ordinance. The City did not agree with the applicant’s conclusion and asked them to apply for the appropriate use permits that would potentially bring them in compliance if ultimately approved by the Mayor and City Council. As stated in the applicant’s letter of intent “These applications are being filed in good faith by Ms. Jackson, to further resolution of disputes between Ms. Jackson and the City regarding permitted and potentially legally nonconforming uses of the property. These are being submitted without waiver by Ms. Jackson of her rights, claims, interests, or defenses with respect to prior, ongoing or future events, uses or operations at or on the property and without admission by owner of the need for such permits or variances. “ On April 21, 2021, the applicant submitted a revised set of proposed conditions/uses for the Festivals or Events, Indoor/Outdoor. These will be discussed below within each appropriate topic. USE PERMIT CONSIDERATIONS In the interest of the public health, safety and welfare, the Mayor and City Council may exercise limited discretion in evaluating the site proposed for a use that requires a Use Permit. In exercising such discretion pertaining to the subject use, the Mayor and City Council shall consider each of the following as outlined in Sec. 64-1552 of the Zoning Ordinance: Use Permit Considerations. Staff has reviewed said items pertaining to the subject use, and offers the following comments: 1. Whether the proposed use is consistent with the land use or economic development plans adopted by the Mayor and City Council: The proposed development is within the Agricultural, Equestrian, Estate Residential (AEE) land use category on the City of Milton 2035 Comprehensive Plan Map contained in the City of Milton Comprehensive Plan Update 2016. The proposed use permit for Festivals or Events, Indoor/Outdoor is permitted in AG-1 (Agricultural). Although the proposed use permit is consistent with the land use plan, but when considering it concurrently with the already by right use of the farm winery and the equestrian related activities such as riding lessons and boarding of horses as well as the request of a Rural Event Facility for a maximum of 100 attendees Monday through Saturday, and lastly for the request of the Agricultural Related Activities Use Permit, the proposed Festivals or Events, Indoor/Outdoor Use Permit with a maximum of 200 attendees at each event is not consistent with the following Plan Objectives: Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on June 7, 2021 (First Presentation May 24, 2021). 5/19/2021 U21-03/VC21-04 Page 9 of 21 o We will seek opportunities to provide pleasant, accessible, public gathering places and parks throughout the community. o We will encourage development that is sensitive to the overall setting of the community and will contribute to our community’s sense of place. 2. Compatibility with land uses and zoning districts in the vicinity of the property for which the use permit is proposed: The adjacent uses to the north and northeast are large lots developed with single family residences as well as equestrian related facilities. Staff notes that a Festival, Event Outdoor/Indoor was approved at 13895 Hopewell Road to be used as a wedding facility in 2014 but has not been operated in that capacity. To the east are scattered single family residences and the Bethany Oaks Subdivision zoned AG-1 (Agricultural) and Northpark Subdivision. To the south are large lots developed with single family residences and equestrian related facilities. To the southwest is Cooper Sandy Subdivision zoned AG-1 developed with single family residences. To the west are large lots developed with single family residences and equestrian related facilities zoned AG-1. Based on these surrounding uses which include single family residences adjacent and nearby, the proposed Festivals or Events, Indoor/Outdoor Use Permit is not compatible with surrounding land uses since it would operate concurrently with the by right uses of the farm winery and the equestrian related activities including riding lessons, boarding of horses as well as the request of a Rural Event Facility for a maximum of 100 attendees per event every day of the week, and lastly for the request of the Agricultural Related Activities Use Permit. 3. Whether the proposed use may violate local, state and/or federal statutes, ordinances or regulations governing land development: The proposed use does appear to violate ordinances or regulations governing land development. 4. The effect of the proposed use on traffic flow, vehicular and pedestrian, along adjoining streets: The proposed use’s effect on the traffic flow, vehicular and pedestrian, along adjoining streets is impacted by not only the proposed use but the other by right activities of the farm winery, equestrian related activities including riding lessons, boarding of horses as well as the request of a Rural Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on June 7, 2021 (First Presentation May 24, 2021). 5/19/2021 U21-03/VC21-04 Page 10 of 21 Event Facility for a maximum of 100 attendees per event every day of the week, and lastly for the request of the Agricultural Related Activities. All of these activities collectively will cause a burden on the adjacent and nearby streets at various times and days of the week. 5. The location and number of off-street parking spaces: The location of the 55 off-street parking spaces is scattered around the approximate 18 acres. There are twelve spaces near the western portion of the site and an additional six spaces to the north of the twelve. Based on aerials, the six spaces appear to be where trees would be cut but based on the overall tree canopy coverage, it would not impact the overall site if they were located there. In addition, there are 37 spaces located on the north, central and eastern portion of the site of which portions of these spaces already exist and are located within the required 100-foot setback for parking. It appears that there is sufficient room to relocate the existing spaces that are within this 100-foot setback as well as relocate the proposed spaces outside of the 100-foot setback as required in Sec. 64-1842 (b)5. Staff notes that the use permit requires music festivals related seating to provide 2 spaces per 1,000 sq. ft. of seating area. The applicant has stated that there is 7,500 sq. ft. of seating area, which would require 15 parking spaces. The by right activities such as the farm winery that currently operates during the following days and times; Thursdays, 1 pm – 6 pm Friday and Saturday 1 pm – 8 pm, and Sunday 1 pm – 5 pm and the Pamelot Farm that operates riding lessons and boarding require sufficient parking for their attendees. In addition, there are two additional use permits being requested, that if approved, may operate concurrently during the above activities which requires additional parking and would be a burden on the site. Lastly, based on the submitted site plan, it is difficult to determine where attendees can park especially in those instances when several events may occur at the same time. 6. The amount and location of open space: Although the site provides open space since there is approximately 18 acres including a stream that cuts through it and provides the required 75- foot buffer on either side of the creek as well as pastures, vineyards, and other open spaces, the site is not large enough in size to accommodate the proposed use as well as the other uses by right mentioned and the Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on June 7, 2021 (First Presentation May 24, 2021). 5/19/2021 U21-03/VC21-04 Page 11 of 21 requested use permits for a Rural Event Facility and Agricultural Related Activities and not impact adjacent and nearby properties in a negative manner. 7. Protective screening: It is Staff’s opinion that existing vegetation that is located on the property and in most places located along or near its exterior property lines, is sufficient to provide screening for the proposed limited impact of the requested Use Permit. 8. Hours and manner of operation: The applicant has proposed the following days, times of operation: Only the following Saturdays, after which this Use Permit will terminate: (1) June 12, 2021 (2) July 13, 2021 (3) August 8, 2021 (4) September 18, 2021 (5) October 10, 2021 (6) November 14, 2021 (7) December 12, 2021 Musicians to arrive at 4:30 Gates to ticketed attendees to open at 5:00 p.m. Music to be performed between 6:00 p.m. to 10:00 p.m. Live music to end no later than 10:00 p.m. Facility to be closed at 11:00 p.m. If the Mayor and City Council chooses to approve this request, these days and times of operation will be included in the conditions. 9. Outdoor lighting: The applicant has not indicated any additional lighting on the site and has requested a concurrent variance to eliminate the lighting plan without light pole installation for the parking lots, except If lighting is required for life/safety and will comply with the Night Sky Ordinance. 10. Ingress and egress to the property: There are three existing curb cuts on the property along Bethany Way. The most western curb cut is located within the 100-foot activity area setback. A future curb cut will be built by the City at the time of the new roundabout is completed at Hopewell Road and Bethany Bend. As Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on June 7, 2021 (First Presentation May 24, 2021). 5/19/2021 U21-03/VC21-04 Page 12 of 21 mentioned above, when considering not only the request for the Festivals or Events, Indoor/Outdoor as well as the by right use of the farm winery and equestrian related uses and the other two requested use permits for a Rural Event Facility and Agricultural Related Activities, the existing traffic on Bethany Way and Hopewell Road may be negatively impacted depending on the activities occurring at various times and days of the week on the site. Based on the evaluation of the above Use Permit Considerations, Staff recommends Denial of U21-03 for the Festivals or Events, Indoor/Outdoor Use Permit. Site Plan Considerations Based on the site plan submitted to the Community Development Department on February 25, 2021 and the revised conditions and uses by the applicant on April 21, 2021, Staff offers the following site plan considerations. Festivals or events; indoor/outdoor (Section 64-1812) This section includes, but is not limited to, horse shows, carnivals, dog shows, arts and crafts shows, music festivals, etc. Required Standards Meets the Standard (a) Required districts. AG-1, O-I, MIX, C-1, C-2, M-1A, M-1, and M-2. Yes (b) Standards. (1) Permitted curb cut access shall not be from local streets. Yes (2) Eight-foot-high 100-percent opaque fencing shall be provided adjacent to residential districts or AG-1 districts used for single-family dwellings. No (3) Hours of operation shall be limited to 8:00 a.m. to 11:00 p.m. when adjacent to residential districts or AG-1 districts used for single-family dwellings. Yes (4) Activity areas, including parking, shall be at least 100 feet from a residential district or AG-1 districts used for single-family dwellings. No (5) A maximum continuous sound level of 60 dBA and a maximum peak sound level of 75 dBA shall not be exceeded at property lines of adjacent to land which is used for residential districts or AG-1 districts used for single-family dwelling purposes. Yes (6) The festival or event shall be limited to a three-year period from the date of the city council's approval not to exceed a total of 180 consecutive days in a calendar year. Yes, based on new request Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on June 7, 2021 (First Presentation May 24, 2021). 5/19/2021 U21-03/VC21-04 Page 13 of 21 Applicant’s request for Festivals or Events, Indoor/Outdoor Uses: Festivals or events including ticketed live music concerts and events that are not merely background accompaniment to augment the permitted agricultural operations, farm, equestrian or farm winery permitted uses; community events like an annual Easter egg hunt Restrictions on Uses *Maximum stage and area for ticketed live music events: (a) maximum 250 square feet for live music stage (wood pavilion shown on site plan), and (b) maximum 7,500 square foot area for live music lawn / concert attendees (including covered picnic / winery shelter) *substantial compliance with site plan *substantial compliance with events traffic management (parking and circulation plan to be provided) *No temporary tents over 400 square feet *No portable generators, portable electrical cables or other open temporary electrical systems on site *No pyrotechnics, fireworks or other open flame devices *Only food to be sold on site through ‘cue Barbecue *Only alcohol to be sold will be through ‘cue Barbecue off-site catering license (beer only) and through The Farm at Pamelot (farm winery wine only) *No temporary or other event signage to be used Months, Days and Hours of Operation: *Only the following Saturdays, after which this Use Permit will terminate: (1) June 12, 2021 (2) July 13, 2021 (3) August 8, 2021 (4) September 18, 2021 (5) October 10, 2021 (6) November 14, 2021 (7) December 12, 2021 *Musicians to arrive at 4:30 *Gates to ticketed attendees to open at 5:00 p.m. *Music to be performed between 6:00 p.m. to 10:00 p.m. *Facility to be closed at 11:00 p.m. Noise: *Live music to end no later than 10:00 p.m.** *Maximum continuous sound levels of 60 dBA and a maximum peak sound level of 75 dBA at property lines (§ 64-1812(b)(5)) *UNDER REVIEW TO LOWER Alcohol: *Alcohol service shall cease 15 minutes before music event ending. Police: *At least two off-duty police officers on site for each of the requested 7 events Capacity Limitations: *Attendees not to exceed 200 for any single event. Site Development Considerations: (a) provide adequate temporary bathroom facilities, including handicap accessible facilities outside of any required setbacks and in an inconspicuous area (b) no lighting except in accordance with night sky ordinance and as required for life/safety Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on June 7, 2021 (First Presentation May 24, 2021). 5/19/2021 U21-03/VC21-04 Page 14 of 21 (d) Sanitary facilities and trash receptacles shall be located at least 100 feet from any property line **Note: Section § 64-1812(b)(5) provides maximum continuous sound levels of 60 dBA and a maximum peak sound level of 75 dBA at property lines. Part 1 – Sec. 64-1812(b)(2): Delete the requirement for an eight-foot-high 100- percent opaque fence adjacent to residential districts or AG-1 Districts used for single-family dwellings. Staff recommends Denial of Part 1 of VC21-04 based on Staff’s recommendation that the proposed Use Permit for Festivals or Events, Indoor/Outdoor be denied. Part 2 – Sec. 64-1812 (b)(4): Allow the existing parking within the 100 feet from a residential district or AG-1 districts used for single family dwellings. Staff recommends Denial of Part 2 of VC21-04 based on Staff’s recommendation that the proposed Use Permit for Festivals or Events, Indoor/Outdoor be denied. Part 3 – Sec. 64-1812(b)(6): To eliminate the three-year period from the date of the city council’s approval. Staff recommends Denial of Part 3 of VC21-04 based on Staff’s recommendation that the proposed Use Permit for Festivals or Events, Indoor/Outdoor be denied. Rural Milton Overlay District The proposed site plan meets the requirements of the Rural Milton Overlay District as required pursuant to Sec. 64-1142 except for the following requested concurrent variance. This proposed Use Permit falls under the “Commercial” Type Uses in the Use Chart within the Rural Milton Overlay District and therefore the need to request the following concurrent variances. Part 4 – Sec. 64-1142(a)(1) – To allow the 10-foot-wide strip along all public streets to be planted with the existing landscaping/vegetation along Bethany Way and Hopewell Road. Staff recommends Denial of Part 4 of VC21-04 based on Staff’s recommendation that the proposed Use Permit for Festivals or Events, Indoor/Outdoor be denied. Part 5 - 64-1142(a)(3)(b): To reduce the 75-foot-wide undisturbed buffer or alternative screening design, with a ten-foot improvement setback adjacent to Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on June 7, 2021 (First Presentation May 24, 2021). 5/19/2021 U21-03/VC21-04 Page 15 of 21 all AG-1 zoning districts where existing structures, driveways, activity areas, and parking are shown on the site plan. Staff recommends Denial of Part 5 of VC21-04 based on Staff’s recommendation that the proposed Use Permit for Festivals or Events, Indoor/Outdoor be denied. Part 6 – (Sec. 64-1142(3)) To eliminate sidewalks along Bethany Way and Hopewell Road. Staff recommends Denial of Part 6 of VC21-04 based on Staff’s recommendation that the proposed Use Permit for Festivals or Events, Indoor/Outdoor be denied. Part 7 – (Sec. 64-1142 (f)): To allow for a lighting plan without light pole installation. Staff recommends Denial of Part 7 of VC21-04 based on Staff’s recommendation that the proposed Use Permit for Festivals or Events, Indoor/Outdoor be denied. City Arborist The canopy coverage calculations and any Specimen Tree recompense will be calculated when they submit for the land disturbance permit. The proposed parking locations do appear to involve tree removal but appears not to be any specimen trees involved. Based on the size of the parcel prior to a combination plat, the canopy coverage requirement will be 25%. Development Engineer Stormwater runoff from all new impervious surfaces created by the construction of new buildings, gravel parking areas and miscellaneous structures maybe managed by stormwater facilities located either within the parcel boundaries or a shared facility off-site. Fire Marshal -12,000 sq ft structure to be fully sprinklered. -Hydrant required within 100’ of remote FDC location. Show remote FDC location. -There must be a hydrant within 600’ of the proposed structure. -Show existing and proposed (if needed) hydrants. -Flow test required at LDP. -Fire access road shall extend to 150’ of all portions of the structure. -ADA accessibility. -Gravel drive 24’ width minimum. 20’-24’ is ok with fire lane signage every 50’ and on both sides of the road. Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on June 7, 2021 (First Presentation May 24, 2021). 5/19/2021 U21-03/VC21-04 Page 16 of 21 -Gate width 15’ minimum with Knox switch access. -Auto turn apparatus from Bethany Bend to proposed structure. -Show accessible spaces in close proximity to proposed structure. -Incorporate a fire department turnaround since the new entrance does not appear to fully connect with the Bethany Way entrance. -Plan subject to an in-depth review at the time of application of LDP Transportation Site improvements including driveway locations, fencing and stormwater pond are to be coordinated with underway Hopewell Road at Bethany Bend/Way intersection improvement project. Environmental Site Analysis The Environmental Site Analysis (ESA) report was completed. On the site, there is a stream on the property which identifies the appropriate state and city buffers. Further, there are no floodplain, steep slopes, archeological/historical sites, endangered vegetation, or wildlife on the site. The applicant has not submitted but will be required to meet the Tree Canopy Ordinance at the time of Land Disturbance. Public Involvement Community Zoning Information Meeting On March 23, 2021, the applicant was present at the Community Zoning Information Meeting held at the Milton City Hall and via Zoom. There were approximately 8 members of the community who signed the attendance sheet. There appeared to be more in the audience. The meeting was also held via Zoom. • Traffic caused by the various current events and concern over the speed of existing traffic on Bethany Way. • Noise coming from music at the winery impacting enjoyment of nearby property owners. • Parking off site at the Bethany Oaks subdivision pool area. • Concerned with people leaving the venue intoxicated. • Do not mind the children related events like birthday parties, painting horses, day camps and equestrian related business. City of Milton Design Review Board Meeting Courtesy Review – April 13, 2021 The following comments were made at the meeting: Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on June 7, 2021 (First Presentation May 24, 2021). 5/19/2021 U21-03/VC21-04 Page 17 of 21 • The majority of members expressed supporting the existing uses on the property such as the winery, equestrian related uses, children’s activities, but not to expand the uses as requested. Public Participation Plan and Report The applicant submitted the Public Participation Report on April 21, 2021. The public participation meeting was held on April 19, 2021 at 7:00 p.m. at 3105 Bethany Way. There were 16 people in attendance that signed the attendance sheet. Their concerns were the following: noise primarily during ticketed live events, traffic congestion, off-site parking at Bethany Oaks S/D swimming pool. Response from applicant were indicated on the Public Participation Report: measure noise levels at events, propose conditions to on-site parking. mitigate noise including additional limits on allowable dB, hours of operation, frequency of events, and numbers of ticketed attendees. Request on social media, through parking attendants and off-duty police for on-site parking. Attendees not to park off-site and coordinate with Bethany Oaks HOA. CONCLUSION The proposed Festivals or Events, Outdoor/Indoor Use Permit is inconsistent with the City of Milton Comprehensive Plan Update 2016 and Objectives, In addition, the proposed Use Permit is not compatible with surrounding land uses since it would operate concurrently with the by right uses of the farm winery and the equestrian related activities including riding lessons, boarding of horses as well as the request of a Rural Event Facility Use Permit for a maximum of 100 attendees per event every day of the week, and lastly for the request of the Agricultural Related Activities Use Permit. Therefore, Staff recommends that U21-03 be DENIED. In addition, Staff recommends that VC21-04, Parts 1 through 7 be DENIED. If the Mayor and City Council choose to approve the requested use permit and concurrent variances, Staff has provided a set of recommended conditions below. Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on June 7, 2021 (First Presentation May 24, 2021). 5/19/2021 U21-03/VC21-04 Page 18 of 21 RECOMMENDED CONDITIONS If this petition is approved by the Mayor and City Council, a Use Permit would be approved for Festivals or Events, Outdoor/Indoor (Sec. 64-1812) subject to the owner’s agreement to the following enumerated conditions. 1) To the owner’s agreement to restrict the use of the subject property as follows: a) Festivals or events, outdoor/indoor which shall cease operation after December 12, 2021. b) Existing structures indicated on the site plan but excluding structures associated with the winery. 2) To the owner’s agreement to abide by the following: a) Substantial compliance with the Site Plan received by the Community Development Department on February 25, 2021, and whereby the exact layout of the project may contain minor deviations approved by the Community Development Director provided the deviations remain consistent with the purpose and intent of the Council’s approval of the Use Permit. Notwithstanding the contents of the site plan, the project must meet or exceed the requirements of the Zoning Ordinance, all other applicable city ordinances and these conditions. The site plan may be revised with the approval of the Community Development Director in order to comply with city codes and zoning conditions. Unless otherwise noted herein, compliance with all conditions shall be in place prior to the issuance of the first Certificate of Occupancy. 3) To the owner’s agreement to the following use requirements: a) Months, Days, and hours of operation shall be the following: Only the following Saturdays, after which this Use Permit will terminate: (1) June 12, 2021 (2) July 13, 2021 (3) August 8, 2021 (4) September 18, 2021 (5) October 10, 2021 (6) November 14, 2021 (7) December 12, 2021 (8) Musicians to arrive at 4:30 Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on June 7, 2021 (First Presentation May 24, 2021). 5/19/2021 U21-03/VC21-04 Page 19 of 21 (9) Gates to ticketed attendees to open at 5:00 p.m. (10) Music to be performed between 6:00 p.m. to 10:00 p.m. (11) Live music to end no later than 10:00 p.m. (12) Facility to be closed at 11:00 p.m. (13) Alcohol service shall cease 15 minutes before music event ending. b) There shall be no more than 200 attendees at any given time for each concert/performance. c) At least two off-duty police officers on site for each of the requested 7 events. d) Stage and area for ticketed live music events: (1) Maximum 250 square feet for live music stage (wood pavilion shown on site plan). (2) Maximum 7,500 square foot area for live music lawn / concert attendees (including covered picnic / winery shelter). e) Only food and alcohol to be sold on site through ‘cue Barbecue off-site catering license (beer only) and through The Farm at Pamelot (farm winery wine only. f) Maximum sound of 50 db(A) up to 55 db(A) measured at the property lines. 4) To the owner’s agreement to the following site development considerations: a) Provide adequate temporary bathroom facilities, including handicapped accessible until which time permanent bathroom facilities can be provided. Said facilities shall be placed outside of any required setbacks and located in an inconspicuous area of the property. b) No temporary tents over 400 square feet. c) No portable generators, portable electrical cables, or other open temporary electrical systems on site. d) No pyrotechnics, fireworks, or other open flame devices. e) No temporary or other event signage to be used. f) No lighting except in accordance with night sky ordinance and as required for life/safety. Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on June 7, 2021 (First Presentation May 24, 2021). 5/19/2021 U21-03/VC21-04 Page 20 of 21 g) Sanitary facilities and trash receptacles shall be located at least 100 feet from any property line. h) Delete the requirement for an eight-foot-high 100-percent opaque fence adjacent to residential districts or AG-1 Districts used for single-family dwellings. (VC21-04, Part 1) i) To allow the 10-foot-wide strip along all public streets to be planted with the existing landscaping/vegetation along Bethany Way and Hopewell Road. (VC21-04, Part 4) j) To reduce the 75-foot-wide undisturbed buffer or alternative screening design, with a ten-foot improvement setback adjacent to all AG-1 zoning districts where existing structures, driveways, and activity areas, are shown on the site plan but relocating existing parking outside of the 75-foot-wide undisturbed buffer and ten-foot improvement setback. (VC21-04, Part 5) k) To eliminate sidewalks along Bethany Way and Hopewell Road. (VC21-04, Part 6) l) To allow for a lighting plan without light pole installation. (VC21-04, Part 7) 5) To the owner’s agreement to abide by the following requirements, dedication and improvements: a) Access to the site and frontage improvements shall be subject to the approval of City of Milton Department of Public Works, prior to the issuance of a Land Disturbance Permit or Certificate of Occupancy (whichever comes first). Entrance(s) and frontage improvements shall conform to Chapter 48 Streets, Sidewalks and Other Public Places of the City of Milton Code of Ordinances. b) If at such time the Director of Public Works determines that the traffic generated by the site impacts the operations of Bethany Way or Hopewell Road, he/she may require the owner to conduct a traffic study to determine if the development warrants any additional improvements at no cost to the city. If improvements are determined to be warranted, owner shall install those at no cost to the city. Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on June 7, 2021 (First Presentation May 24, 2021). 5/19/2021 U21-03/VC21-04 Page 21 of 21 c) A stormwater management concept plan shall be submitted and approved by Milton Public Works Department prior to submission of land disturbance application if required. Page 1 of 9 U21-03/VC21-04 ORDINANCE NO._______ PETITION NO. U21-03/VC21-04 STATE OF GEORGIA COUNTY OF FULTON AN ORDINANCE TO APPROVE A USE PERMIT FOR FESTIVALS OR EVENTS, INDOOR/OUTDOOR (SEC. 64-1812) ON 18.027 ACRES LOCATED AT 2105 BETHANY WAY AND 7-PART CONCURRENT VARIANCE BE IT ORDAINED by the City Council for the City of Milton, Georgia while in regular session on June 7, 2021 at 6:00 p.m. as follows: SECTION 1. That the Zoning Ordinance of the City of Milton be amended, so that the property located at 2105 Bethany Way consisting of a total of 18.027 acres, as described in the legal description attached hereto as Exhibit “A”, be approved subject to the Conditions of Approval described in Exhibit “B”; and SECTION 2. That the Use Permit approved hereby is subject to the provisions of Sec. 64-1812 of the Zoning Ordinance of the City of Milton; and SECTION 3. That the Concurrent Variance (VC21-04) be approved as described in Exhibit “C”; and SECTION 4. That the property shall be developed in compliance with the Conditions of Approval as described as attached; provided that no uses or conditions hereby approved (including any site plan) shall authorize the violation of any district regulations or other zoning regulations other than as authorized by the Concurrent Variance as described in Exhibit “C” approved hereby; and SECTION 5. That all ordinances or parts of ordinances otherwise in conflict with the terms of this Ordinance are hereby repealed; and SECTION 6. This Ordinance shall become effective upon adoption by the Mayor and City Council and the signature of approval of the Mayor. ORDAINED this 7th day of June 2021. Page 2 of 9 U21-03/VC21-04 Approved: ______________________ Joe Lockwood, Mayor Attest: ________________________________ Tammy Lowit, City Clerk (Seal) Page 3 of 9 U21-03/VC21-04 Page 4 of 9 U21-03/VC21-04 Page 5 of 9 U21-03/VC21-04 EXHIBIT “B” RECOMMENDED CONDITIONS If this petition is approved by the Mayor and City Council, a Use Permit would be approved for Festivals or Events, Outdoor/Indoor (Sec. 64-1812) subject to the owner’s agreement to the following enumerated conditions. 1) To the owner’s agreement to restrict the use of the subject property as follows: a) Festivals or events, outdoor/indoor which shall cease operation after December 12, 2021. b) Existing structures indicated on the site plan but excluding structures associated with the winery. 2) To the owner’s agreement to abide by the following: a) Substantial compliance with the Site Plan received by the Community Development Department on February 25, 2021, and whereby the exact layout of the project may contain minor deviations approved by the Community Development Director provided the deviations remain consistent with the purpose and intent of the Council’s approval of the Use Permit. Notwithstanding the contents of the site plan, the project must meet or exceed the requirements of the Zoning Ordinance, all other applicable city ordinances and these conditions. The site plan may be revised with the approval of the Community Development Director in order to comply with city codes and zoning conditions. Unless otherwise noted herein, compliance with all conditions shall be in place prior to the issuance of the first Certificate of Occupancy. 3) To the owner’s agreement to the following use requirements: a) Months, Days, and hours of operation shall be the following: Only the following Saturdays, after which this Use Permit will terminate: (1) June 12, 2021 (2) July 13, 2021 (3) August 8, 2021 (4) September 18, 2021 (5) October 10, 2021 (6) November 14, 2021 (7) December 12, 2021 Page 6 of 9 U21-03/VC21-04 (8) Musicians to arrive at 4:30 (9) Gates to ticketed attendees to open at 5:00 p.m. (10) Music to be performed between 6:00 p.m. to 10:00 p.m. (11) Live music to end no later than 10:00 p.m. (12) Facility to be closed at 11:00 p.m. (13) Alcohol service shall cease 15 minutes before music event ending. b) There shall be no more than 200 attendees at any given time for each concert/performance. c) At least two off-duty police officers on site for each of the requested 7 events. d) Stage and area for ticketed live music events: (1) Maximum 250 square feet for live music stage (wood pavilion shown on site plan). (2) Maximum 7,500 square foot area for live music lawn / concert attendees (including covered picnic / winery shelter). e) Only food and alcohol to be sold on site through ‘cue Barbecue off- site catering license (beer only) and through The Farm at Pamelot (farm winery wine only. f) Maximum sound of 50 db(A) up to 55 db(A) measured at the property lines. 4) To the owner’s agreement to the following site development considerations: a) Provide adequate temporary bathroom facilities, including handicapped accessible until which time permanent bathroom facilities can be provided. Said facilities shall be placed outside of any required setbacks and located in an inconspicuous area of the property. b) No temporary tents over 400 square feet. c) No portable generators, portable electrical cables, or other open temporary electrical systems on site. d) No pyrotechnics, fireworks, or other open flame devices. e) No temporary or other event signage to be used. Page 7 of 9 U21-03/VC21-04 f) No lighting except in accordance with night sky ordinance and as required for life/safety. g) Sanitary facilities and trash receptacles shall be located at least 100 feet from any property line. 5) To the owner’s agreement to abide by the following requirements, dedication and improvements: a) Access to the site and frontage improvements shall be subject to the approval of City of Milton Department of Public Works, prior to the issuance of a Land Disturbance Permit or Certificate of Occupancy (whichever comes first). Entrance(s) and frontage improvements shall conform to Chapter 48 Streets, Sidewalks and Other Public Places of the City of Milton Code of Ordinances. b) If at such time the Director of Public Works determines that the traffic generated by the site impacts the operations of Bethany Way or Hopewell Road, he/she may require the owner to conduct a traffic study to determine if the development warrants any additional improvements at no cost to the city. If improvements are determined to be warranted, owner shall install those at no cost to the city. Page 8 of 9 U21-03/VC21-04 SITE PLAN SUBMITTED – FEBRUARY 25, 2021 Page 9 of 9 U21-03/VC21-04 EXHIBIT “C” APPROVED CONCURRENT VARIANCE (VC21-04) a) Delete the requirement for an eight-foot-high 100-percent opaque fence adjacent to residential districts or AG-1 Districts used for single- family dwellings. (VC21-04, Part 1) b) To allow the 10-foot-wide strip along all public streets to be planted with the existing landscaping/vegetation along Bethany Way and Hopewell Road. (VC21-04, Part 4) c) To reduce the 75-foot-wide undisturbed buffer or alternative screening design, with a ten-foot improvement setback adjacent to all AG-1 zoning districts where existing structures, driveways, and activity areas, are shown on the site plan but relocating existing parking outside of the 75-foot-wide undisturbed buffer and ten-foot improvement setback. (VC21-04, Part 5) d) To eliminate sidewalks along Bethany Way and Hopewell Road. (VC21- 04, Part 6) e) To allow for a lighting plan without light pole installation. (VC21-04, Part 7) CITY COUNCIL AGENDA ITEM TO: City Council DATE: June 1, 2021 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 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 as Stated; to Supersede the Existing Emergency Ordinance; and for Other Purposes MEETING DATE: Monday, June 7 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: __________ X X June 7, 2021 X X 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 AS STATED; 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, 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 June 29, 2021; 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 June 7, 2021; WHEREAS, it is the intention of the City of Milton to readopt and reinstitute the Emergency Ordinance effective June 7, 2021 and extending through July 7, 2021, 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 COVID-19; 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 certain enumerated 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 June 7, 2021 until 11:59 p.m. on July 7, 2021; SECTION 3. That Sections 5 and 7 of the March 20, 2020 Emergency Ordinance are renewed and extended; 3 SECTION 4. That the City of Milton’s Reopening Plan was approved on May 18, 2020 and continues in full force and effect. SECTION 5. That during the term of this Emergency Ordinance, citizens shall be allowed to 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 6. That during the effective date of Emergency Ordinance, it is the expectation of the Mayor and Council that all agencies of the City will assemble live and in person to conduct City business. However, in the event that COVID-19 (either due to diagnosis or exposure of agency members) results in a quorum of agency members being unable to assemble in person, the Council does hereby authorize such agencies to meet via teleconference (virtually), with this Ordinance providing the requisite justification for such virtual/teleconference meeting. This accommodation is to ensure that the important business of the City continues. The Chair of the pertinent agency shall confer with the Mayor as to the necessity of conducting the meeting virtually, with it anticipated that the Mayor and the Chair will come to mutual agreement on the need to conduct a virtual meeting. If there is a disagreement, the Mayor shall make the final determination. The reason for meeting virtually (i.e., COVID-19 diagnosis or quarantine resulting in the inability to assemble a quorum) shall be entered upon the minutes when the agency assembles for its virtual meeting. SECTION 7. This New Emergency Ordinance shall become effective and operational commencing June 7, 2021 and shall expire at 11:59 p.m. on July 7, 2021, 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, and may be otherwise terminated as set forth in this paragraph. In the event that the Governor for the State of Georgia terminates the formal declaration of statewide emergency related to COVID-19, or the Governor’s statewide emergency declaration is allowed to lapse, then this New Emergency Ordinance and the City’s declaration of emergency associated therewith shall stand automatically terminated by either such event, it being the intent of the Mayor and Council that this New Emergency Ordinance shall run coterminous with the Governor’s declaration of statewide emergency. SO ORDAINED this ___th day of June 2021 by the Mayor and Council of the City of Milton, Georgia. 4 THE CITY OF MILTON, GEORGIA Joe Lockwood, Mayor Attest: Tammy Lowit, City Clerk CITY COUNCIL AGENDA ITEM TO: City Council DATE: June 1, 2021 FROM: Steven Krokoff, City Manager AGENDA ITEM: Consideration of a Resolution Authorizing Disposition of Certain Golf Cart Easements within the Former Milton Country Club Property MEETING DATE: Monday, June 7, 2021 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 June 7, 2021 To: Honorable Mayor and City Council Members From: Sara Leaders, PE, Acting Public Works Director Date: Submitted on May 24, 2021 for the June 7, 2021 Regular City Council Meeting Agenda Item: Consideration of a Resolution Authorizing Disposition of Certain Golf Cart Easements within the Former Milton Country Club Property _____________________________________________________________________________________ Department Recommendation: Approval Executive Summary: In January 2018, the City of Milton acquired approximately 137 acres of land formerly known as the Milton Country Club. Prior to the City’s acquisition, the Property was privately-owned and operated as a golf course that included a “golf cart easement” that traversed several privately-owned properties. (see survey attached hereto marked Exhibit A). On April 8, 2019, a resolution was approved to authorize disposition of certain golf cart easements. When developing plans for the Phase 1 construction project of golf cart path removal and new trail construction, there were additional lots identified with golf cart paths that were not included in the previous resolution. This Resolution will allow the City of Milton to convey the golf cart easements/existing golf cart paths depicted on Lot 68 of Wood Valley Subdivision, Unit One; Lots 34 and 35 of Wood Valley Subdivision, Unit Three, as well as a portion of easement extending onto property designated as tax parcel 22 441006251052 to the benefit of the abutting private property owners. Following the removal and stabilization work with the Phase 1 construction project, the City will quitclaim its easement interests in these golf cart paths, and a quitclaim deed will be delivered to each owner following recording. Funding and Fiscal Impact: N/A Legal Review: Sarah VanVolkenburgh, Jarrard & Davis, LLP – May 22, 2020 Concurrent Review: Steven Krokoff, City Manager Attachment(s): Resolution Page 1 of 3 STATE OF GEORGIA RESOLUTION NO. COUNTY OF FULTON A RESOLUTION TO DISPOSE OF CERTAIN GOLF CART EASEMENTS ACROSS PRIVATE PROPERTY PARCELS ABUTTING THE FORMER MILTON COUNTRY CLUB PROPERTY WHEREAS, on or about December 5, 2017, the City of Milton (the “City”) entered into an Agreement for Sale of Realty to acquire approximately 137 acres of land formerly known as the Milton Country Club (the “Property”); WHEREAS, on or about January 19, 2018, the City closed on its acquisition of the Property; WHEREAS, prior to the City’s acquisition, the Property was privately-owned and operated as a golf course; WHEREAS, when the golf course and surrounding residential subdivisions were initially developed, some of the abutting private property lots included a “golf cart easement” of varying width to allow golf course users limited access onto such parcels for golf course-related purposes (see survey attached hereto marked Exhibit A and by this reference incorporated herein); WHEREAS, the Official Code of Georgia Annotated (“O.C.G.A.”) § 36-37-6(g) provides, in part, that, “… the governing authority of any municipal corporation is authorized to sell and convey parcels of narrow strips of land, so shaped or so small as to be incapable of being used independently as zoned or under applicable subdivision or other development ordinances, or as streets, whether owned in fee or used by easement, to abutting property owners where such sales and conveyances facilitate the enjoyment of the highest and best use of the abutting owner’s property without first submitting the sale or conveyance to the process of an auction or the solicitation of sealed bids …”; WHEREAS, the City’s Charter provides, at Section 1.12 (Municipal Powers), at subsection (b)(21), in part, that the City is empowered, “To … dispose of … any real, personal, or mixed property, in fee simple or lesser interest, inside or outside the property limits of the city”; WHEREAS, the City does not use the Property as a golf course and no longer has any use for certain of these golf cart easements, as specified more fully below; WHEREAS, other than the City of Milton and the servient estate property owners, there are no other abutting owners with an interest in the subject easements; Page 2 of 3 WHEREAS, certain of the golf cart easements have no value to the City, and it is reasonable that the highest and best use is for the City to release such easements to the benefit of the private property parcel owners upon whose property such easements run; and, WHEREAS, this Resolution shall manifest the consent of the City of Milton to convey the easements specified below to the abutting property owners, and that such conveyance upon the terms set forth in this Resolution serves the best interest of the public health, welfare, and safety of the citizens of the City of Milton. NOW THEREFORE BE IT RESOLVED by the Mayor and Council of the City of Milton that, 1. The statements, representations, and affirmations in the Preamble to this Resolution are restated as if set forth verbatim and are correspondingly adopted. 2. The golf cart easements depicted on Lot 68 of Wood Valley Subdivision, Unit One; Lots 34 and 35 of Wood Valley Subdivision, Unit Three, as well as a portion of easement extending onto property designated as tax parcel 22 441006251052 by the Fulton County Tax Assessor’s Office, as more particularly shown on the survey attached at Exhibit A hereto, shall be released to the benefit of the abutting private property owners upon whose property such easements run. 3. The City Attorney shall prepare appropriate documentation for the Mayor to execute to release and quit claim any and all interest of the City (as Grantor) in such golf cart easements to the abutting private property owners (as Grantees) upon whose property such easements run. 4. The City Attorney shall cause such executed documents to be filed in the real property records of the Fulton County Superior Court Clerk’s office. 5. The City Attorney shall cause a copy of the recorded document to be mailed to each corresponding Grantee receiving the benefit of such release. SO RESOLVED, this 7th day of June, 2021. _______________________________ Joe Lockwood, Mayor Attest: __________________________ Tammy Lowit, City Clerk Page 3 of 3 Exhibit A Property Survey Depicting Golf Cart Easements Page is too large to OCR. Page is too large to OCR. Page is too large to OCR. Page is too large to OCR. Page is too large to OCR. CITY COUNCIL AGENDA ITEM TO: City Council DATE: June 1, 2021 FROM: Steven Krokoff, City Manager AGENDA ITEM: Consideration of the Issuance of an Alcohol Beverage License to Billy Allen’s, 3000 Heritage Walk, Suite 201, Milton GA 30004 MEETING DATE: Monday, June 7, 2021 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 June 7, 2021 To: Honorable Mayor and City Council Members From: Bernadette Harvill, Assistant City Manager Date: Submitted on June 1, 2021 for the June 7, 2021 Regular Council Meeting Agenda Item: Consideration of the Issuance of an Alcohol Beverage License to Billy Allen’s, 3000 Heritage Walk, Suite 201, Milton GA 30004 ____________________________________________________________________________________________ Department Recommendation: Approve the issuance of an alcohol beverage license for Billy Allen’s, for consumption on premises of wine, malt beverages and distilled Spirits for a limited food service restaurant. Executive Summary: City of Milton Code of Ordinances Chapter 4 allows for the issuance of alcohol beverage licenses to businesses that properly submit application for and meet all of the legal requirements to hold such license. This application is submitted due to the opening of a new establishment. A limited food service restaurant must derive at least 30 percent of its total annual gross food and beverage sales from the sale of prepared meals or food. A limited food service restaurant does not qualify to sell alcoholic beverages on Sunday and may not obtain a Sunday sales license. Staff has processed the application and recommends issuance of the applicable license for: Business Name: Billy Allen’s Contact Name: (William) Billy Allen Business Address: 3000 Heritage Walk, Suite 201, Milton GA 30004 Type of License: Consumption on Premises – Wine, Malt Beverages and Distilled Spirits for a Limited Food Service Restaurant Funding and Fiscal Impact: There is a positive fiscal impact of license fees and/or monthly excise taxes. Legal Review: Not required. Concurrent Review: Steven Krokoff, City Manager CITY COUNCIL AGENDA ITEM TO: City Council DATE: June 1, 2021 FROM: Steven Krokoff, City Manager AGENDA ITEM: Consideration of the Issuance of an Alcohol Beverage License to Milton & Mane LLC, 15800 Birmingham Hwy, Suite 601, Milton, GA 30004 MEETING DATE: Monday, June 7, 2021 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 06/07/2021 To: Honorable Mayor and City Council Members From: Bernadette Harvill, Assistant City Manager Date: Submitted on June 1, 2021 for the June 7, 2021 Regular Council Meeting Agenda Item: Consideration of the Issuance of an Alcohol Beverage License to Milton & Mane LLC, 15800 Birmingham Hwy, Suite 601, Milton, GA 30004 ____________________________________________________________________________________________ Department Recommendation: Approve the issuance of an alcohol beverage license for Milton & Mane, LLC for an incidental service license for wine and malt beverages. Executive Summary: City of Milton Code of Ordinances Chapter 4 allows for the issuance of alcohol beverage licenses to businesses that properly submit application for and meet all of the legal requirements to hold such license. This application is submitted due to the request to serve incidental wine and malt beverages. Incidental service license means an on-premises alcoholic beverage license for an establishment that does not sell food that was prepared on the premises and does not charge for any alcoholic beverage. An establishment that holds an incidental service license is limited to wine and beer; and is prohibited from allowing any individual to consume more than 16 ounces of wine or 24 ounces of beer on premises in a calendar day. The amount of money spent on alcoholic beverages by such establishment shall not exceed two percent of gross receipts. Staff has processed the application and recommends issuance of the applicable license for: Business Name: Milton & Mane, LLC Contact Name: Tanya Magnus Business Address: 15800 Birmingham Hwy, Suite 601, Milton, GA 30004 Type of License: Incidental Service License – Wine and Malt Beverages Funding and Fiscal Impact: There is a positive fiscal impact of license fees and/or monthly excise taxes. Legal Review: Not required. Concurrent Review: Steven Krokoff, City Manager