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HomeMy WebLinkAboutAgenda Packet - CC - 08/02/20212006 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, August 2, 2021 Regular Council Meeting 6:00 PM INVOCATION – Father Reggie, St. Aidan’s Episcopal Church 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. 21-216) 5) PUBLIC COMMENT (General) MILTON CITY COUNCIL REGULAR COUNCIL MEETING AUGUST 2, 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 the July 7, 2021 City Council Meeting Minutes. (Agenda Item No. 21-217) (Tammy Lowit, City Clerk) 2. Approval of a Services Agreement between the City of Milton and Network Cabling Infrastructures, LLC for Low Voltage Data Cabling Installation in the Court Chamber. (Agenda Item No. 21-218) (Stacey Inglis, Deputy City Manager) 3. Approval of an Agreement between the City of Milton and Premier Events Regarding Event Logistics Management for Crabapple Fest. (Agenda Item No. 21-219) (Courtney Spriggs, Community Outreach Manager) 4. Approval of a Construction Services Agreement between the City of Milton and Meer Electrical Contractors, Inc. for the Purchase and Installation of a Natural Gas Generator and Automatic Transfer Switch at City Hall. (Agenda Item No. 21-220) (Sara Leaders, Acting Public Works Director) 5. Approval of a Task Order for BM&K, P.C. to Provide Construction Inspection Services for the Providence Park ADA Trail, Boardwalk, and Pier. (Agenda Item No. 21-221) (Sara Leaders, Acting Public Works Director) 6. Approval of a Task Order for BM&K, P.C. to Provide Construction Inspection Services for the Hopewell Road and Bethany Bend/Way Intersection Improvements. (Agenda Item No. 21-222) (Sara Leaders, Acting Public Works Director) 7. Approval of a Task Order for BM&K, P.C. to Provide Construction Inspection Services for the Former Milton Country Club Trail Construction and Cart Path Removal. (Agenda Item No. 21-223) (Sara Leaders, Acting Public Works Director) MILTON CITY COUNCIL REGULAR COUNCIL MEETING AUGUST 2, 2021 Page 3 of 5 Persons needing special accommodations in order to participate in any City meeting should call 678.242.2500. 8.Approval of a Task Order for BM&K, P.C. to Provide Pre- Construction Services for the Birmingham Road Middle Bridge Design. (Agenda Item No. 21-224) (Sara Leaders, Acting Public Works Director) 9.Approval of a Construction Services Agreement Between the City of Milton and Pencor, LLC for the Renovation of the Clubhouse at the Former Milton Country Club. (Agenda Item No. 21-225) (Bob Buscemi, Community Development Director) 10.Approval of Subdivision Plats and Revisions. (Agenda Item No. 21-226) (Robert Buscemi, Community Development Director) 7) REPORTS AND PRESENTATIONS 1.Proclamation Recognizing the Milton Mustangs Swim Team. (Mayor Joe Lockwood) 2.Presentation on the Draft Capital Improvements Element 2021 Annual Update. (Robert Buscemi, Community Development Director) 8) FIRST PRESENTATION Name of Development / Location Action Comments / # lots Total Acres Density 1.The Homestead Milton Hopewell Road LL 543-547, 606-609 & 617-618 Dist. 2 Sect. 2 Minor Plat Create thirty-two (32) large lots ranging in size from 3.04 acres – 10.33 acres 172.8 Acres 0.19 Lots / Acre 2.Providence Manor New Providence Road LL1067 Dist. 2 Sect. 2 Minor Plat Subdividing one parcel into 3 Tracts 3.0 Acres 1 Lot / Acre MILTON CITY COUNCIL REGULAR COUNCIL MEETING AUGUST 2, 2021 Page 4 of 5 Persons needing special accommodations in order to participate in any City meeting should call 678.242.2500. 9) PUBLIC HEARING 1. Consideration of an Ordinance of the Mayor and Council of the City of Milton, Georgia, to Establish the Ad Valorem Tax Rate of the City of Milton for Fiscal Year 2022; and for Other Purposes. (First Presentation at August 2, 2021 Special Called City Council Meeting) (First Public Hearing Held on August 2, 2021 Special Called City Council Meeting) (Agenda Item No. 21-227) (Bernadette Harvill, Asst. City Manager) 10) ZONING AGENDA 1. 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) (Deferred at June 7, 2021 City Council Meeting) (Deferred at July 19, 2021 City Council Meeting) (Robert Buscemi, Community Development Director) 2. 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) (Deferred at June 7, 2021 City Council Meeting) (Deferred at July 19, 2021 City Council Meeting) (Robert Buscemi, Community Development Director) MILTON CITY COUNCIL REGULAR COUNCIL MEETING AUGUST 2, 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 1. Consideration of an Ordinance of the City Council to Authorize Fulton County to Conduct the 2021 General Municipal Election. (Agenda Item No. 21-200) (First Presentation at July 7, 2021 City Council Meeting) (Deferred at July 19, 2021 City Council Meeting) (Ken Jarrard, City Attorney) 12) NEW BUSINESS 1. Consideration of a Resolution to Transmit the Draft City of Milton Comprehensive Plan 2040 to the Atlanta Regional Commission (ARC) and GA Department of Community Affairs (DCA). (Agenda Item No. 21-228) (Robert Buscemi, Community Development Director) 13) MAYOR AND COUNCIL REPORTS STAFF REPORTS (None) 14) EXECUTIVE SESSION (if needed) 15) ADJOURNMENT (Agenda Item No. 21-229) CITY COUNCIL AGENDA ITEM TO: City Council DATE: July 27, 2021 FROM: Steven Krokoff, City Manager AGENDA ITEM: Approval of a Services Agreement between the City of Milton and Network Cabling Infrastructures, LLC for Low Voltage Data Cabling Installation in the Court Chamber. MEETING DATE: Monday, August 2, 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 August 2, 2021 X To: Honorable Mayor and City Council Members From: Brooke Lappin, Clerk of Court Date: Submitted July 19, 2021 for the August 2, 2021 Regular City Council Meeting Agenda Item: Approval of a Services Agreement between the City of Milton and Network Cabling Infrastructures, LLC for Low Voltage Data Cabling Installation in the Court Chamber. _____________________________________________________________________________________ Department Recommendation: Approval Executive Summary: On August 24, 2021, the City of Alpharetta Municipal Court will relocate their court staff to the Milton Public Safety Complex. This will require some additional Data ports and power outlets to be installed in the Court Clerk area. Funding and Fiscal Impact: The total quoted price is $6,145.00 Procurement Summary: Purchasing method used: Sole Source (Include Sole Source Documentation) Account Number: 100-2650-521200000 Requisition Total: $6,145.00 Financial Review: Bernadette Harvill, July 21, 2021 Legal Review: Dennis Bost, Jarrard & Davis, LLP – July 16, 2021 Concurrent Review: Steve Krokoff, City Manager Attachment: Services Agreement HOME OF 'THF BEST QUALITY OF LIFE IN GEOR 0 1 LT- ON* SERVICES AGREEMENT — SHORT FORM Low Voltage Data Cabling Installation — Courtroom and Adjacent Offices This Services Agreement ("Agreement") is made and entered into this day of , 20 (the "Effective Date"), by and between the CITY OF MILTON, GEORGIA, a municipal corporation of the State of Georgia, acting by and through its governing authority, the Mayor and City Council, located at 2006 Heritage Walk, Milton, Georgia 30004 (hereinafter referred to as the "City"), and Network Cabling Infrastructures, LLC, a Georgia limited liability company, having its principal place of business at 4825 River Green Parkway, Duluth, Georgia 30096 (herein after referred to as the "Contractor"), collectively referred to herein as the "Parties." WITNESSETH: WHEREAS, City desires to retain a Contractor to provide services in the completion of a Project (defined below); and WHEREAS, Contractor has represented that it is qualified by training and experience to perform the Work (defined below) and desires to perform the Work under the terms and conditions provided in this Agreement; and NOW, THEREFORE, for and in consideration of the mutual promises, the public purposes, and the acknowledgements and agreements contained herein, and other good and adequate consideration, the sufficiency of which is hereby acknowledged, the Parties do mutually agree as follows: Section 1. Agreement. The Agreement shall consist of this Services Agreement and each of the Exhibits hereto, which are incorporated herein by reference, including: Exhibit "A" — Scope of Work Exhibit "B" — Insurance Certificate Exhibit "C" — Contractor Affidavit Exhibit "D" — Subcontractor Affidavit In the event of any discrepancy in or among the terms of the Agreement and the Exhibits hereto, the provision most beneficial to the City, as determined by the City in its sole discretion, shall govern. Section 2. The Work. A general description of the Project is as follows: provide installation of low voltage data cabling for the Milton Courtroom and adjacent offices at the Public Safety Complex. The Work to be completed under this Agreement (the "Work") includes, but shall not be limited to, the work described in the Scope of Work provided in Exhibit "A", attached hereto and incorporated herein by reference. Unless otherwise stated in Exhibit "A", the Work includes all material, labor, insurance, tools, equipment, machinery, water, heat, utilities, transportation, facilities, services and any other miscellaneous items and work necessary to complete the Work. Some details necessary for proper execution and completion of the Work may not be specifically described in the Scope of Work, but they are a requirement of the Work if they are a usual and customary component of the contemplated services or are otherwise necessary for proper completion of the Work. Section 3. Contract Term; Termination. Contractor understands that time is of the essence of this Agreement and warrants and impose reresents that it will perform the Work in a prompt and timely manner, which shall not pdelays on the progress of the Work. Contractor shall commence Work pursuant to this Agreement on or before the start date to be specified on a written "Notice to Proceed" issued by the City and shall fully complete the Work within fourteen (14) calendar days of the start date specified in the "Notice to Proceed". City may terminate this Agreement for convenience at any time upon providing written notice thereof to Contractor. As such, the parties acknowledge that this is not intended to be a "multi-year" contract under O.C.G.A. § 36-60-13(a). Provided that no damages are due to City for Contractor's breach of this Agreement, City shall pay Contractor for Work performed to date in accordance with Section 5 herein. Section 4. Work Changes. Any changes to the Work requiri ng an increase in the Maxirnurn Contract Price (defined below) shall require a written change order executed by the City in accordance with its purchasing regulations. 1 Section 5. Compensation and Method of Payment. The total amount paid under this Agreement as compensation for Work performed and reimbursement for costs incurred shall not, in any case, exceed $6,145.00 (the "Maximum Contract Price"), except as outlined in Section 4 above. The compensation for Work performed shall be based upon a flat fee and Contractor represents that the Contract Price is sufficient to perform all Work set forth in and contemplated by this Agreement. 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 principles of Contractors profession and industry, Contractor will give written notice immediately to City. City agrees to pay Contractor for the Work performed and costs incurred by Contractor upon certification by City that the Work was actually performed and costs actually incurred in accordance with the Agreement. No payments will be made for unauthorized work. Compensation for Work performed and reimbursement for costs incurred shall be paid to Contractor upon City's receipt and approval of invoices, setting forth in detail the services performed and costs incurred, along with all supporting documents required by the Agreement or requested by City to process the invoice. A single invoice shall be submitted at the conclusion of the Work. Section 6. Covenants of Contractor. A. Licenses, Certification and Permits. Contractor covenants and declares that it has obtained all diplomas, certificates, licenses, permits or the like required of Contractor by any and all national, state, regional, county, or local boards, agencies, commissions, committees or other regulatory bodies in order to perform the Work contracted for under this Agreement. Contractor shall employ only persons duly qualified in the appropriate area of expertise to perform the Work described in this Agreement. B. Expertise of Contractor; City's Reliance on the Work. Contractor acknowledges and agrees that City does not ndertake to approve or pass upon hatters of expertise of Contractor and that, therefore, City bears no responsibility for u Contractor's Work performed under this Agreement. City will not, and need not, inquire into adequacy, fitness, suitability or correctness of Contractor's performance. Contractor acknowledges and agrees that the acceptance or approval of Work by City is limited to the function of determining whether there has been compliance with what is required to be produced under this Agreement and shall not relieve Contractor of the responsibility for adequacy, fitness, suitability, and correctness of Contractor's Work under professional and industry standards. C. Contractor's Reliance on Submissions by City. Contractor must have timely information and input from City in order to perform the Work required under this Agreement. Contractor is entitled to rely upon information provided by City, but Contractor shall provide immediate written notice to City if Contractor knows or reasonably should know that any information provided by City is erroneous, inconsistent, or otherwise problematic. D. Contractor's Representative; Meetings. NCI LLC [INSERT NAME] shall be authori zed to act on Contractor's behalf with respect to the Work as Contractor's designated representative, provided that this designation shall not relieve either Party of any written notice requirements set forth elsewhere in this Agreement. Contractor shall meet with City's personnel or designated representatives to resolve technical or contractual problems that may occur during the Term of this Agreement at no additional cost to the City. E. Assignment of Agreement. Contractor covenants and agrees not to assign or transfer any interest in, or delegate any duties of, this Agreement, without the prior express written consent of the City. F. Responsibility of Contractor and Indemnification of City. Contractor covenants and agrees to take and assume all d damages resF onsibility for the Work rendered in connection with this Agreement. Contractor shall bear all losses an directly or indirectly resulting to it and/or City on account of the performance or character of the Work rendered pursuant to this Agreement. Contractor shall defend, indemnify and hold harmless City and City's elected and appointed officials, officers, boards, commissions, employees, representatives, Contractors, servants, agents, attorneys and volunteers (individually an "Indemnified Party" and collectively "Indemnified Parties") from and against any and all claims, suits, actions, judgments, injuries, damages, losses, costs, expenses and liability of any kind whatsoever, including but not limited to attorney's fees and costs of defense ("Liabilities"), which may arise from or be the result of an alleged willful, negligent or tortious act or omission arising out of the Work, performance of contracted services, or operations by Contractor, any subcontractor, anyone directly or indirectly employed by Contractor or subcontractor or anyone for whose acts or omissions Contractor or subcontractor may be liable, regardless of whether or not the act or omission is caused in part by a party 2 indemnified hereunder; provided that this indemnity obligation shall only apply to the extent Liabilities are caused by or result from the negligence, recklessness, or intentionally wrongful conduct of the Contractor or other persons employed or utilized by the Contractor in the performance of this Agreement. This 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. This obligation to indemnify, defend, and hold harmless the Indemnified Party(les) 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. G. Independent Contractor. Contractor hereby covenants and declares that it is engaged in an independent business and agrees to perform the Work as an independent contractor and not as the agent or employee of City. 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 and payment of Contractors, agents or employees to complete the Work, including benefits and compliance with Social Security, withholding and all other regulations governing such matters. Any provisions of this Agreement that may appear to give City the right to direct Contractor as to the details of the services to be performed by Contractor or to exercise a measure of control over such services will be deemed to mean that Contractor shall follow the directions of City with regard to the results of such services only. Inasmuch as City and Contractor are independent of each other, neither has the authority to bind the other to any third person or otherwise to act in any way as the representative of the other, unless otherwise expressly agreed to in writing signed by both Parties. Contractor agrees not to represent itself as City's agent for any purpose to any party or to allow any employee of Contractor to do so, unless specifically authorized, in advance and in writing, to do so, and then only for the limited purpose stated in such authorization. Contractor shall assume full liability for any contracts or agreements Contractor enters into on behalf of City without the express knowledge and prior written consent of City. H. Insurance. Contractor shall have and maintain in full force and effect for the duration of this Agreement, insurance of the types and amounts approved by the City, as shown on Exhibit "B", attached hereto and incorporated herein by reference. Contractor shall also ensure that any subcontractors are covered by insurance policies meeting the requirements specified herein and provide proof of such coverage. As it relates to any general liability, automobile liability or umbrella policies, and except where such requirement is specifically waived in writing by the City, Contractor shall ensure that its insurer waives all rights of subrogation against the City for losses arising from Contractor's Work and that the City and its officials, employees or agents are named as additional insureds. I. Employment of Unauthorized Aliens Prohibited — E -Verify Affidavit. Pursuant to O.C.G.A. § 13-10-91, City shall not enter into a contract for the physical performance of services unless. (1) Contractor shall provide evidence on City -provided forms, attached hereto as Exhibits "C" and "D" (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 Contractor's subcontractors have registered with, are authorized to use and use the federal work authorization program commonly known as ENerify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91, and that they will continue to use the federal work authorization program throughout the contract period, or (2) Contractor provides evidence that it is not required to provide an affidavit because it is an individual (not a company) licensed pursuant to Title 26 or Title 43 or by the State Bar of Georgia and is in good standing. Contractor hereby verifies that it has, prior to executing this Agreement, executed a notarized affidavit, the fore of which is provided in Exhibit "C", and submitted such affidavit to City or provided City with evidence that it is an individual not required to provide such an affidavit because it is licensed and in good standing as noted in sub -subsection (2) above. Further, 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. § 1340-91 and Georgia Department of Labor Rule 300-10-1-.02. In the event Contractor employs or contracts with any subcontractor(s) in connection with the covered contract, Contractor agrees to secure from such subcontractors) 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 "D", which subcontractor affidavit shall become part of the Contractor/subcontractor agreement, or evidence that the subcontractor is not required to provide such an affidavit because it is an individual licensed and in good standing as noted in sub -subsection (2) above. If a subcontractor affidavit is obtained, Contractor agrees to provide a completed copy to City within five (5) business days of receipt from any subcontractor. 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. 3 Contractor agrees that the employee -number category designated below is applicable to Contractor. [Information only required if a contractor affidavit is required pursuant to O.C.G.A. § 13-10-91.] [DESIGNATE/MARK APPROPRIATE CATEGORY] 500 or more employees. X 100 or more employees. Fewer than 100 employees. Contractor hereby agrees that, in the event Contractor employs or contracts with any subcontractors) in connection with this Agreement and where the subcontractor is required to provide an affidavit pursuant to O.C.G.A. § 13-10-91, Contractor will secure from the subcontractor(s) such subcontractor(s') indication of the above employee -number category that is applicable to the subcontractor. The above requirements shall be in addition to the requirements of state and federal law, and shall be construed to be in conformity with those laws. J. Ethics Code; Conflict of Interest. Contractor agrees that it shall not engage in any activity or conduct that would result in a violation of the City of Milton Code of Ethics or any other similar law or regulation. Contractor certifies that to the best of its knowledge no circumstances exist which will cause a conflict of interest in performing the Work. Contractor and City acknowledge that it is prohibited for any person to offer, give, or agree to give any City employee or official, or for any City employee or official to solicit, demand, accept, or agree to accept from another person, a gratuity of more than nominal value or rebate or an offer of employment in connection with any decision, approval, disapproval, recommendation, or preparation of any part of a program requirement or a purchase request, influencing the content of any specification or procurement standard, rendering of advice, investigation, auditing, or in any other advisory capacity in any proceeding or application, request for ruling, determination, claim or controversy, or other particular matter, pertaining to any program requirement or a contract or subcontract, or to any solicitation or proposal therefor. Contractor and City further acknowledge that it is prohibited for any payment, gratuity, or offer of employment to be made by or on behalf of a sub -Contractor under a contract to the prime Contractor or higher tier sub -Contractor, or any person associated therewith, as an inducement for the award of a subcontract or order. K. Confidentiality. Contractor acknowledges that it may receive confidential information of City and that it will protect the confidentiality of any such confidential information and will require any of its subcontractors, Contractors, and/ staff to likewise protect such confidential information. L. Authority to Contract. The individual executing this Agreement on behalf of Contractor covenants and declares that it has obtained all necessary approvals of Contractor's board of directors, stockholders, general partners, limited partners or similar authorities to simultaneously execute and bind Contractor to the terns of this Agreement, if applicable. M. Ownership of Work. All report s, designs, drawings, plans, specifications, schedules, work product and other materials, including, but not limited to, those in electronic form, prepared or in the process of being prepared for the Work to be performed by Contractor ("Materials") shall be the property of City, and City shall be entitled to full access and copies of all Materials in the form prescribed by City. Any and all copyrightable subject matter in all Materials is hereby assigned to City, and Contractor agrees to execute any additional documents that may be necessary to evidence such assignment. N. Nondiscrimination. In accordance with Title VI of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000d, section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6102, section 202 of the Americans with Disabilities Act of 1990, 42 U.S.C. § 12132, and all other provisions of Federal law, Contractor agrees that, during performance of this Agreement, Contractor, for itself, its assignees and successors in interest, will not discriminate against any employee or applicant for employment, any subcontractor, or any supplier because of race, color, creed 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. O. 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 4 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 7. Miscellaneous. A. Entire Agreement; Counterparts; Third Party Rights. This Agreement, including any exhibits hereto, constitutes the complete agreement between the Parties and supersedes any and all other agreements, either oral or in writing, between the Parties with respect to the subject matter of this Agreement. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, but all of which taken together shall constitute one and the same instrument. 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. B. Governing Law; Business License; Proper Execution. 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. 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. During the Tenn of this Agreement, Contractor shall maintain a business license with the City, unless Contractor provides evidence that no such license is required. Contractor agrees that it will perform all Work in accordance with the standard of care and quality ordinarily expected of competent professionals and in compliance with all federal, state, and local laws, regulations, codes, ordinances, or orders applicable to the Project, including, but not limited to, any applicable records retention requirements and Georgia's Open Records Act (O.C.G.A. § 50-18-71, et seq.). C. Captions and Severability. All headings herein are intended for convenience and ease of reference purposes only and in no way define, limit or describe the scope or intent thereof, or of this Agreement, or in any way affect this Agreement. D. Notices. All notices, requests, demands, writings, or correspondence, as required by this Agreement, shall be in writing and shall be deemed received, and shall be effective, when: (1) personally delivered, or (2) on the third day after the postmark date when mailed by certified mail, postage prepaid, return receipt requested, or (3) upon actual delivery when sent via national overnight commercial carrier to the Party at the address first given above or at a substitute address previously furnished to the other Party by written notice in accordance herewith. E. Waiver; Sovereign Immunity. No express or implied waiver shall affect any tern or condition other than the one specified in such waiver, and that one only for the tune and inanner specifically stated. Nothing contained in this Agreement shall be construed to be a waiver of City's sovereign iininunity or any individual's qualified, good faith or official immunities. F. A reement Construction and Interpretation; Invalidity of Provisions; Severability. Contractor represents that it has reviewed and become familiar with this Agreement and has notified City of any discrepancies, conflicts or errors herein. The Parties agree that, if an ambiguity or question of intent or interpretation arises, this Agreement is to be construed as if the Parties had drafted it jointly, as opposed to being construed against a Party because it was responsible for drafting one or more provisions of the Agreement. In the interest of brevity, the Agreement may omit modifying words such as "all" and "any" and articles such as "the" and "an," but the fact that a modifier or an article is absent from one statement and appears in another is not intended to affect the interpretation of either statement. 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. Ratification of this Agreement by a majority of the Mayor and City Council shall authorize the Mayor to execute this Agreement on behalf of City. IN WITNESS WHEREOF, City and Contractor have executed this Agreement, effective as of the Effective Date first 5 above written. [SIGNATURES ON FOLLOWING PAGE] Attest/Witness: Signature: Print Name: Bill Keppel Title: Project Manager CONTRACTOR: Network Cabling Infr Signature: Print Name: Donnie Richards Title: [CIRCLE ONE] President Member/Manager (LLC) (Assistant) Corporate Secretary (required if corporation) ctures, LLC CITY OF MILTON, GEORGIA RATIFIED BY COUNCIL By: Steven Krokoff, City Manager Attest: Signature: Print Name: Title: City Clerk Approved as to form: City Attorney 7 By: Joe Lockwood, Mayor [CITY SEAL] EXHIBIT "A" Network Cabling Infrastructures, LLC Website: www.ncicabling,com City of Milton RE. Milton PSC ATTN: Sargent Mulvey June 24, 2021 Scope of Work a Provide and install (20) CAT6 cables from court IDF to (10) locations, Cables will terminate to existing patch panel with green jacks to separate from city of Milton cables. J_ i_11 /4 1 4'�n 1 o Provide and install �1) 120v rucepdLaC:le. ® Provide and install (1) 6 -strand multimode fiber from court IDF to building MDF, Fiber will terminate to LC connectors, new fiber adapter panels will be provided. Provide labor and materials to relocate AV equipment to opposite side of Dias, General Qualifications/Exc{usions: 1. Cable lengths w{t! exceed AVIXA/TIA/EIA standards for data use. 2. Conduit pathways are exr__luciPrl frnm ifhiq qitnf_f. 3. Proposal is based on standard work hours, 7;00am to 5:0Opm, Monday through Friday. Pricing Summary: Description LV Cabling &Electrical To accept this proposal, please sign below: Sign: Title Date: Price $6,145.00 We thank you for the opportunity to continue to work with you on this project. This quote is valid for (30) days. If you have any questions, please do not hesitate to contact me. Sincerely, Bill Keppel Project Manager Network Cabling Infrastructures, LLC 301,Ke; !;eld)ncicablinn.�c� CELL: 678-687-2335 EXHIBIT "B" INSR ADDL SUBR LTR INSR WVD DATE (MM/DD/YYYY) PRODUCER CONTACT NAME: FAXPHONE (A/C, No):(A/C, No, Ext): E-MAIL ADDRESS: INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : POLICY NUMBER POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY)(MM/DD/YYYY) COMMERCIAL GENERAL LIABILITY AUTOMOBILE LIABILITY UMBRELLA LIAB EXCESS LIAB WORKERS COMPENSATION AND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) AUTHORIZED REPRESENTATIVE INSURER(S) AFFORDING COVERAGE NAIC # Y / N N / A (Mandatory in NH) ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? EACH OCCURRENCE $ DAMAGE TO RENTED $PREMISES (Ea occurrence)CLAIMS-MADE OCCUR MED EXP (Any one person)$ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ $ PRO- OTHER: LOCJECT COMBINED SINGLE LIMIT $(Ea accident) BODILY INJURY (Per person)$ANY AUTO OWNED SCHEDULED BODILY INJURY (Per accident)$AUTOS ONLY AUTOS AUTOS ONLY HIRED PROPERTY DAMAGE $AUTOS ONLY (Per accident) $ OCCUR EACH OCCURRENCE $ CLAIMS-MADE AGGREGATE $ DED RETENTION $$ PER OTH- STATUTE ER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ If yes, describe under E.L. DISEASE - POLICY LIMIT $DESCRIPTION OF OPERATIONS below POLICY NON-OWNED SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer any rights to the certificate holder in lieu of such endorsement(s). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: CERTIFICATE HOLDER CANCELLATION © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORDACORD 25 (2016/03) ACORDTM CERTIFICATE OF LIABILITY INSURANCE Zurich American Insurance Co Zurich American Insurance Company Atlantic Specialty Insurance Company 7/19/2021 Edgewood Partners Ins. Center 2405 Satellite Blvd., Ste. 200 Duluth, GA 30096 770 232-0202 Jackie Duplessy 678 475-3889 770 232-9202 jackie.duplessy@epicbrokers.com Network Cabling Infrastructures, LLC P.O. Box 2168 Duluth, GA 30096 16535 16535 27154 A X X X X X GLO452646200 03/01/2021 03/01/2022 2,000,000 500,000 10,000 2,000,000 4,000,000 4,000,000 B X X X BAP446539900 03/01/2021 03/01/2022 2,000,000 A X X AUC459444101 03/01/2021 03/01/2022 10,000,000 10,000,000 B N WC452646400 03/01/2021 03/01/2022 X 1,000,000 1,000,000 1,000,000 C Pollution Aggregate Deductible 793010056 03/01/2021 03/01/2022 $2,000,000 $6,000,000 $5,000 THIS CERTIFICATE OF INSURANCE REPRESENTS COVERAGE CURRENTLY IN EFFECT. SUBJECT TO POLICYS TERMS, EXCLUSIONS, AND CONDITIONS, PROVIDED OTHER POLICIES HAVE BEEN PLACED IN EXCESS POSITION. City of Milton, Georgia 2006 Heritage Walk Milton, GA 30004 1 of 1 #S2830039/M2588768 NETWINFRClient#: 94639 JDUP1 STATE OF Georgia COUNTY OF Gwinnett CTOR EXHIBIT "C" FIDAVIT AND AGRE By executing this affidavit, the undersigned contractor verifies its compliance with O.C.G.A. § 13-10-91, stating affirmatively that the individual, firm, or corporation which is engaged in the physical performance of services on behalf of the City of Milton, Georgia has registered with, is authorized to use and uses the federal work authorization program commonly known as E -Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. 13-10-91. Furthermore, the undersigned contractor will continue to use the federal work authorization program throughout the contract period and the undersigned contractor will contract for the physical performance of services in satisfaction of such contract only with subcontractors who present an affidavit to the contractor with the information required by O.C.G.A. § 13-10-91(b). Contractor hereby attests that its federal work authorization user identification number and date of authorization are as follows: 67400 Federal Work Authorization User Identification Number 9/24/2007 Date of Authorization Network Cablin>; Infrastructures, LLC Name of Contractor Low Voltage Data Cabling Installation for Courtroom and Adjacent Offices Name of Project City of Milton, Georgia Naive of Public Employer I hereby declare under penalty of perjury that the foregoing is true and correct. Executed on J u I y 19 20 21 in Duluth (city), GA (state). Si Donnie Richards Printed Name and Title of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE 9 �� DAY OF 20;0 . U kAOA. NOTARY PUBLIC 6�W Y�/�,4.1M L I N G E F E LT ;�orgp�, _ Notary Frlublic, Georgia *i---�*= BarrdwCounty My Commission Expires February 07, 2024 My Commission Expires: �I�-laoz� STATE OF _ COUNTY OF EXHIBIT "D" SUBCONTRACTOR AFFIDAVIT By executing this affidavit, the undersigned subcontractor verifies its compliance with13-10- 91, stating affirmatively that the individual, firm or corporation which is engaged in the physical performance of services under a contract with Network Cabling Infrastructes, LLC on behalf of the City of Milton, Georgia has registered with, is authorized to use and uses the federal work authorization program commonly known as E -Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in 0.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 lta�e Installati Courtroom and Adiacent Offices Name of Project City of Milton, Georgia Naive of Public Employer I hereby declare under penalty of perjury that the foregoing is true and correct. Executed on (city), (state). Signature of Authorized Officer or Agent Printed Name and Title of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE DAY OF 20 NOTARY PUBLIC [NOTARY SEAL] My Commission Expires: CITY COUNCIL AGENDA ITEM TO: City Council DATE: July 27, 2021 FROM: Steven Krokoff, City Manager AGENDA ITEM: Approval of an Agreement between the City of Milton and Premier Events Regarding Event Logistics Management for Crabapple Fest 2021. MEETING DATE: Monday, August 2, 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: __________ August 2, 2021 X X X X To: Honorable Mayor and City Council Members From: Courtney Spriggs, Community Outreach Manager Date: Submitted on July 26, 2021for the August 2, 2021 Regular Council Meeting Agenda Item: Approval of an Agreement between the City of Milton and Premier Events Regarding Event Logistics Management for Crabapple Fest 2021. ______________________________________________________________________________ Department Recommendation: Approval. Executive Summary: The City of Milton and Premier Events have entered into a partnership for the annual Crabapple Fest festival. The impetus of this partnership is the city’s need for professional help for logistics and vendor set-up and assistance at the festival. This document outlines the expectations and deliverables of that partnership, including Premier’s handling of vendors, equipment rentals, and logistics. Funding and Fiscal Impact: This is a budgeted item for FY 2021. The total cost for services is $7500.00. Alternatives: Denial of the contract, dissolution of the partnership. Legal Review: Dennis Bost– Jarrard & Davis (07/26/2021) Concurrent Review: Steven Krokoff, City Manager Stacey Inglis, Deputy City Manager Attachment(s): Agreement between the City of Milton and Premier Events Regarding Event Logistics Management for Crabapple Fest. Page 1 of 4 Premier Events 1825 MacArthur Blvd, Atlanta, GA 30318 Phone 404-262-1800  fax 404-720-0800 Prepared For: Client: Courtney Spriggs Company: The City of Milton Address: 2006 Heritage Walk, Milton, GA 30004 Phone: 678-242-2533 (O) Email: Courtney.Spriggs@cityofmiltonga.us Prepared By: Laura Valente Premier Events 1825 MacArthur Blvd Atlanta, GA 30318 PH: 770-241-4566 Email: laura@premiereventslive.com Name of Event: Crabapple Fest Date of Event: Saturday, October 2, 2021 Location: Crabapple Road - Milton Time: 10am – 5pm Anticipated Attendance: 30,000 Page 2 of 4 Premier Events 1825 MacArthur Blvd, Atlanta, GA 30318 Phone 404-262-1800  fax 404-720-0800 Crabapple Festival 2021 - Logistics GOALS: √ Provide a professional turn-key solution for event logistics planning and management √ Produce a professional, respected, and entertaining event for guests, vendors, sponsors, and participants EVENT SUMMARY: Crabapple Festival is a 1-day FREE admission community festival with approximately 100 vendors consisting of artist market vendors, food vendors, sponsors, and community partners. SCOPE OF SERVICES: The following is a proposed list of services to be provided by Prem ier Events. EVENT LOGISTICS MANAGEMENT • Provide event site map, and layout consulting to facilitate safe event site with efficient crowd flow and required space for all activities and service areas. The City of Milton will produce the event site map . • Compile event production timeline detailing event activities from load-in through completion of load-out. • The City of Milton will source and contract all required event rentals and logistic service providers. Premier Events will manage the pre-event communications to event rentals and logistic service providers and coordinate the execution of their services on-site. Event rentals and logistic services include but are not limited to: o Event rentals – tents, fencing, barricade, tables, chairs, event radios o Waste Management - Port-o-potties, waste management/clean-up/trash services o Production – stages, audio, lighting, etc. as needed for the event o Temporary power/generators Page 3 of 4 Premier Events 1825 MacArthur Blvd, Atlanta, GA 30318 Phone 404-262-1800  fax 404-720-0800 Crabapple Festival 2021 - Logistics • The City of Milton will secure all event sponsors, artist market and food vendors, and community partners. The City of Milton will provide participant contact information to Premier Events. Premier Events will manage pre-event communications to all participants and field inquiries and questions. Premier Events will develop a load-in/load-out kit for each participant type and distribute information and materials. • Attend pre-event meetings/conference calls as needed to plan and coordinate the overall event logistics plans. • Provide on-site event management, including pre-event site marking, managing Friday night and Saturday morning vendor load-in during all event hours, and through the completion of load out. Premier Events will serve as key contact for event logistics and troubleshooting. Premier Events will provide the following on-site staffing: o Friday – site marking Manager and 1 crew o Friday night load in – Manager and 3 crew o Saturday final load-in, during all event hours, and load-out – Manager and 3 crew CITY OF MILTON is responsible for the following elements: • Event permits • Street closures planning • Procuring event sponsors, food vendors, artist market vendors, community partners • Event map prep; Input from Premier Events • Sourcing and contracting with event logistic rentals and service providers; Premier Events to manage pre-event communications and on-sie execution • Event marketing • Planning and management of event security plan Page 4 of 4 Premier Events 1825 MacArthur Blvd, Atlanta, GA 30318 Phone 404-262-1800  fax 404-720-0800 Crabapple Festival 2021 - Logistics COMPENSATION: For services performed as detailed in this proposal, The City of Milton will pay Premier Events a fee of $7,500. Proposed Fee Schedule: 50% due upon contract acceptance 25% due on the event date 25% within 30 days after the event upon Premier Events submitting a final wrap up report to the City of Milton TERMS AND CONDITIONS: • Consulting fee includes general administrative costs that Premier Events will incur while completing the scope of work, such as phone, fax, copies, printing, office supplies, etc. • Consulting fee does not include costs related to event-specific costs (i.e. entertainment/talent fees, event rentals, 3rd party professional services, permit fees, security, catering, signage/décor, etc.). These costs are subject to the client's approval and, upon approval, is the client's financial responsibility. • At clients' request, Premier Events can pay third-party vendors and invoice the client to reimburse expenses. Premier Events will furnish supporting documentation of all invoices paid. This arrangement would be based on receipt of 50% deposit of projected expenses 30 days prior to the event and the balance of all remaining funds due on the event date. If any costs are determined based on final hours performed, Premier Events will furnish the client with a post-event report detailing all final costs for payment within 30 days post-event or as otherwise agreed to and accepted by both parties. Agreed and Accepted: CITY OF MILTON PREMIER EVENTS, LLC 1825 MacArthur Blvd Atlanta, GA 30318 Name: Name: Date Date CITY COUNCIL AGENDA ITEM TO: City Council DATE: July 27, 2021 FROM: Steven Krokoff, City Manager AGENDA ITEM: Approval of a Construction Services Agreement between the City of Milton and Meer Electrical Contractors, Inc for the Purchase and Installation of a Natural Gas Generator and Automatic Transfer Switch at City Hall. MEETING DATE: Monday, August 2, 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 August 2, 2021 X X X To: Honorable Mayor and City Council Members From: Sara Leaders, PE, Acting Public Works Director Date: Submitted on July 24, 2021 for the August 2, 2021 Regular City Council Meeting Agenda Item: Approval of a Construction Services Agreement between the City of Milton and Meer Electrical Contractors, Inc for the Purchase and Installation of a Natural Gas Generator and Automatic Transfer Switch at City Hall. _____________________________________________________________________________________ Project Description: The Contractor will furnish and install a 30kW natural gas generator and 200 amp automatic transfer switch at City Hall. This will provide redundant power to critical equipment at City Hall and allows for continued City operations in the event of a power outage. Procurement Summary: Purchasing method used: 3 Written Quotes ($5,000-$49,999) Account Number: 300-1565-542500000 Requisition Total: $41,746.61 Financial Review: Bernadette Harvill, July 27, 2021 Legal Review: Ken Jarrard, Jarrard & Davis, LLP – July 2, 2021 Attachment(s): Construction Services Agreement – City Hall Generator and Transfer Switch Installation 1 Construction Services Agreement | Version 1.0 CONSTRUCTION SERVICES AGREEMENT – SHORT FORM City Hall Generator and Transfer Switch Installation This Construction Services Agreement (the “Agreement”) is made and entered into this ___ day of ____, 20___ (the “Effective Date”), by and between the CITY OF MILTON, GEORGIA, a municipal corporation of the State of Georgia, acting by and through its governing authority, the Mayor and Milton City Council, located at 2006 Heritage Walk, Milton, GA 30004 (hereinafter referred to as the “City”), and Meer Electrical Contractors, Inc., a Georgia corporation, having its principal place of business at 405 Tidwell Dr, Alpharetta, GA 30004 (hereinafter referred to as the “Contractor”), collectively referred to herein as the "Parties”. WITNESSETH THAT: WHEREAS, the City desires to retain a contractor to perform services for the construction of a Project (defined below); and WHEREAS, Contractor has represented that it is qualified by training and experience to perform the Work (defined below) and desires to perform the Work under the terms and conditions provided in the Contract Documents (defined below). NOW THEREFORE, for and in consideration of the mutual promises, the public purposes, and the acknowledgements and agreements contained herein and other good and adequate consideration, the sufficiency of which is hereby acknowledged, the Parties hereto do mutually agree as follows: Section 1. Contract Documents: This Agreement along with the following documents, attached hereto (except as expressly noted otherwise below) and incorporated herein by reference, constitute the Contract Documents: A. Scope of Work, attached hereto as “Exhibit A”; B. Insurance Certificate, attached hereto as “Exhibit B”; C. Contractor Affidavit, attached hereto as “Exhibit C”; D. Subcontractor Affidavit, attached hereto as “Exhibit D” E. Maintenance Bond, attached hereto as “Exhibit E”; and F. City of Milton Code of Ethics (codified in the official Code of the City of Milton). 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. Section 2. The Work: A general description of the Project is as follows: purchase and installation of a natural gas generator with automatic transfer switch at the Milton City Hall, 2006 Heritage Walk, Milton GA 30004 (the “Project”). The Work to be completed under this Agreement (the “Work”) includes, but shall not be limited to, the work described in the Scope of Work provided in “Exhibit A”, attached hereto and incorporated herein by reference. 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. Section 3. Contract Term; Termination: Contractor understands that time is of the essence of this Agreement and warrants and represents that it will perform the Work in a prompt and timely manner, which shall not impose delays on the progress of the Work. Contractor shall commence Work pursuant to this Agreement on or before the start date to be specified on a written "Notice to Proceed" issued by the City and shall fully complete the Work withinone-hundred eighty (180) days of the start date specified in the "Notice to Proceed". The City may terminate this Agreement for convenience at any time upon providing written notice thereof to Contractor. Provided that no damages are due to the City for Contractor's breach of this Agreement, if the City terminates for convenience, the City shall pay Contractor for Work performed to date in accordance with Section 5 herein. Section 4. Work Changes: Any changes to the Work requiring an increase in the Contract Price (defined below) shall require a written change order executed by the City in accordance with its purchasing regulations. Section 5. Compensation and Method of Payment: The total amount paid under this Agreement as compensation for Work performed and reimbursement for costs incurred shall not, in any case, exceed $ 41,746.61 ("Contract Price"), except as outlined in (and authorized by) Section 4 above. The compensation for Work performed shall be based upon a flat fee, and Contractor represents that the Contract Price is sufficient to perform all of the Work set forth in and contemplated by this Agreement. 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 principles of Contractor's industry, Contractor will provide written notice thereof immediately to the City. City agrees to pay Contractor for the Work performed and costs incurred by Contractor upon the City's certification that the Work was performed and costs actually incurred in accordance with this Agreement. No payments will be made for unauthorized work. Compensation for Work performed and, if applicable, reimbursement for costs incurred shall be paid to Contractor upon the City's receipt and approval 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. In no event shall the City pay an aggregated amount that is more than $41,746.61 for the Work. Invoices shall be submitted upon the completion of the Project, and such invoice 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, as appropriate) procured by the Contractor from all subcontractors in accordance with O.C.G.A. § 44-14-366. Section 6. Covenants of Contractor: A. Ethics Code: Conflict of Interest. Contractor agrees that it shall not engage in any activity or conduct that would result in a violation of the City of Milton Code of Ethics or any other similar law or regulation. Contractor certifies that to the best of its knowledge no circumstances exist which will cause a conflict of interest in performing the services required by this Agreement. 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. Expertise of Contractor: 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 City will not, and need not, inquire into adequacy, fitness, suitability or correctness of Contractor's performance. The Contractor acknowledges and agrees that the acceptance or approval of any 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 and shall not relieve Contractor of the responsibility for adequacy, fitness, suitability, and correctness of Contractor's Work under professional and industry standards. Construction Services Agreement ( Version 1.0 C. 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. D. Contractor's Representative; Meetings. Peter Meer [INSERT NAME] shall be authorized to act on Contractor's behalf with respect to the Work as Contractor's designated representative. Contractor shall meet with City's personnel or designated representatives to resolve technical or contractual problems that may occur during the term of this Agreement at no additional cost to City. There is no hourly component under this Contract. E. 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. 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 and payment of subcontractors, agents, or employees to complete the Work, including compliance with Social Security, withholding, and all other regulations governing such matters. Any provisions of this Agreement that may appear to give the City the right 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. 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. F. Responsibility of Contractor and Indemnification of City. Contractor covenants and agrees to take and assume all responsibility for the Work rendered in connection with this Agreement. Contractor shall bear all losses and damages directly or indirectly resulting to it and/or the City on account of the performance or character of the Work rendered pursuant to this Agreement. 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 a 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 negligent 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. 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. The Contractor covenants that it has the financial solvency to fulfill this indemnity and hold harmless obligation. G. Insurance. Contractor shall have and maintain in full force and effect for the duration of this Agreement, insurance of the types and amounts approved by the City, as shown on Exhibit "B", attached hereto and incorporated herein by reference. Contractor shall also ensure that any subcontractors are covered by insurance policies meeting the requirements specified herein and provide proof of such coverage. As it relates to any general liability, automobile liability or umbrella policies, and except where such requirement is specifically waived in writing by the City, Contractor shall ensure that its insurer waives all rights of subrogation against the City for losses arising from Contractor's Work and that the City and its officials, employees or agents are named as additional insureds. Construction Services Agreement I Version 1.0 H. Assignment of Agreement. The Contractor covenants and agrees not to assign or transfer any interest in, nor delegate any duties of, this Agreement, without the prior express written consent of the City. I. Employment of Unauthorized Aliens Prohibited — E -Verb 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 `IC" and f°D" (affidavits 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 C", and submitted such affidavit to City or provided the City with evidence that it is not required to provide such an affidavit because it is an individual licensed and in good standing as noted in 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 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 D", 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 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. 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. 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.] [CHECK ONE] 500 or more employees. 100 or more employees. XX 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. J. 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. K. Licenses, Certifications and Permits. Contractor covenants and declares that it has obtained and will maintain 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. The Contractor shall secure and pay for the building permit and other permits and governmental fees, licenses and inspections necessary or customarily secured for proper execution and completion of the Work. L. Authority to Contract. The individual executing this Agreement on behalf of 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. Construction Services Agreement ( Version 1.0 M. 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 ("Materials") shall be the property of the City, and the City shall be entitled to full access and copies of all such Materials in the form prescribed by the City. 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. N. 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, or political affiliation, national origin, gender, age or disability. In addition, Contractor agrees to comply with all applicable implementing regulations and shall include the provisions of this paragraph in every subcontract for services contemplated under this Agreement. O. Consultants Assisting? with Procurement. As required by O.C.G.A. § 36-80-28, if the Agreement requires the Consultant to prepare, develop, or draft specifications or requirements for a solicitation (including bids, requests for proposals, procurement orders, or purchase orders) or to serve in a consultative role during a bid or proposal evaluation or negotiation process: (a) the Consultant shall avoid any appearance of impropriety and shall follow all ethics and conflict- of-interest policies and procedures of the City; (b) the Consultant shall immediately disclose to the City any material transaction or relationship, including, but not limited to, that of the Consultant, the Consultant's employees, or the Consultant's agents or subsidiaries, that reasonably could be expected to give rise to a conflict of interest, including, but not limited to, past, present, or known prospective engagements, involvement in litigation or other dispute, client relationships, or other business or financial interest, and shall immediately disclose any material transaction or relationship subsequently discovered during the pendency of the Agreement; and (c) the Consultant agrees and acknowledges that any violation or threatened violation of this paragraph may cause irreparable injury to the City, entitling the City to seek injunctive relief in addition to all other legal remedies. Section 7. Final Project Documents: Warranty: Prior to final payment, Contractor shall deliver to City copies of any 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. Contractor shall repair or replace all defects in materials, equipment, or workmanship appearing within one (1) year from the date of completion at no additional cost to the City. Section 8. Miscellaneous: A. Complete Agreement; Counterparts; Third PartRights. 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. 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. 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. B. Governing Law; Business License; Proper Execution. 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. 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. During the Term of this Agreement, Contractor shall maintain a business license with the City, unless Contractor provides evidence that no such license is required. 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 applicable 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.). Construction Services Agreement ( Version 1.0 C. Notices. All 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 first given above or at a substitute address previously furnished to the other Party by written notice in accordance herewith. D. Waiver, Sovereign Immunity. No express or implied waiver shall affect any term or condition other than the one specified in such waiver, and that one only to the extent specifically stated. 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. G. Agreement Construction and Interpretation; Invalidity of Provisions, Severability. Contractor represents that it has reviewed and become familiar with the Contract Documents, the nature and extent of 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. Contractor represents that it has given the City written notice of all conflicts, errors, or discrepancies that the Contractor has discovered in the Contract Documents, and the written resolution thereof by the City is acceptable to the Contractor. 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. 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. 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 CONTRACTOR: Meer rical Contractors, Inc. Signature: Print Name: Peter Meer Its: ] Presiders ice Presiders Corporation) Attest/Witne Signatur Print Na e: �(� �� o Its:LLI-42 JP ((Assistant) Corporate Secreta 4f corporation) CITY OF MILTON, GEORGIA Signature: Steven Krokoff, City Manager Attest: Signature: Print Name: Title: City Clerk Approved as to form: City Attorney [CORPORATE SEAL] (required if corporation) RATIFIED BY COUNCIL Signature: Joe Lockwood, Mayor [CITY SEAL] Construction Services Agreement I Version 1.0 G°EXHIBIT A" Mee rElectrij 405 Tidwell Dr. • Alpharetta, Georgia 30004 • 770-993-8028 City of Milton Attn: David Milton City Hall 25 INV 3 phase Natural Gas Generator ESTIMATE SHEET 6/30/2021 DESCRIPTION UNITS MATERIAL LABOR COST EACH COST TOTAL Install 30 kw 3phase 120/208 natural gas generator with 1 $27,554.84 $ 7,752.00 $ 35,306.84 $ 35,306.84 200 amp automatic transfer switch. Relocate circuits to existing panel to be generator panel Install gas line from existing meter to generator 1 $ - $ - $ 3,200.00 $ 3,200.00 Bore in conduit from out building to main building elec room 385 $ 1.58 $ 6.84 $ 8.42 $ 3,239.78 Note: This generator will operate all items on attached list $ - $ - $ - $ as well as back up A/C for IT room if added. Price includes $ - $ - $ - $ - automatic lock out for electric heat in IT room when on $ - $ - $ - $ - emergency power. $ - $ - $ - $ _ JOB TOTAL $ 41,746.61 AUTHORIZED SIGNATURE: CUSTOMER ACCEPTANCE: "Service is our most important product." Peter Meer Floor Location Main Electrical Room Room 116 City Hall Critical Equipment Breakers (Base Bid) # Panel Breakers Type Description Main L2S IN Server Room Electrical Panel US (Panel located in 2nd Floor Server Room) 1 Main Electrical Room 116 Main (AHU 2-1) HVAC Air Handler 1 Main Electrical Room 116 L1A 35 Lighting Emergency Lights 1 Main Electrical Room 116 LIA 45 Lighting ComDev Lights 1 Main Electrical Room 116 L1A 50 Lighting Inverter "E1" 1 Main Electrical Room 116 L1A 85 Lighting Emergency Lights 1 Main Electrical Room 116 L1B 2 IDF IDF/MDF Recept 1 Main Electrical Room 116 LIB 4 IN IDF/MDF Recept 1 Main Electrical Room 116 1113 6 IN IDF/MDF Recept 1 Main Electrical Room 116 1113 8 OF IDF/MDF Recept 1 Main Electrical Room 116 1113 10 1 IN IDF/MDF Recept 1 Main Electrical Room 116 116 12 IDF IDF/MDF Recept 1 Main Electrical Room 116 LIB 14 Work Space Power Finance Reception Recept 1 Main Electrical Room 116 1113 18 Work Space Power Finance Reception Recept 1 Main Electrical Room 116 1-113 20 Work Space Power ComDev Reception Recept 1 Main Electrical Room 116 1-113 22 Work Space Power ComDev Reception Recept 1 Main Electrical Room 116 L1C 1 Lighting Lobby Lights 1 Main Electrical Room 116 L1C 7 Lighting Finance Lights 1 Main Electrical Room 116 L1C 26 Fire Fire Alarm Bell 1 Main Electrical Room 116 L1C 28 Fire Fire Alarm Panel 2 Electric Room 225 LRA 13,15,17 HVAC CU - 2-1 2 Electric Room 225 LRA 37,39 HVAC HP -1 2 Electric Room 225 L2C 14 Fire Fire Alarm Panel 2 Electric Room 225 L2C 16 Fire Fire Supression System 2 Electric Room 225 L2C 18,20 Fire Fire System Air Compressor "EXHIBIT B" "EXHIBIT C" CONTRACTOR AFFIDAVIT AND AGREEMENT under O.C.G.A. § 13-10-91(b)(1) STATE OF Georgia COUNTY OF Fulton By executing this affidavit, the undersigned contractor verifies its compliance with O.C.G.A. § 13-10-91, stating affirmatively that the individual, firm or corporation which is engaged in the physical performance of services on behalf of the City of Milton, Georgia, has registered with, is authorized to use and uses the federal work authorization program commonly known as E -Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91. Furthermore, the undersigned contractor will continue to use the federal work authorization program throughout the contract period, and the undersigned contractor will contract for the physical performance of services in satisfaction of such contract only with subcontractors who present an affidavit to the contractor with the information required by O.C.G.A. § 13-10-91(b). Contractor hereby attests that its federal work authorization user identification number and date of authorization are as follows: 107624 Federal Work Authorization User Identification Number March 17, 2008 Date of Authorization Meer Electrical Contractors, Inc. Name of Contractor City Hall Generator and Transfer Switch Installation 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. Exe uted on Tw A/ 2 (, 202t in is c` ' (city), 4�� (state). Signature of Authorized Officer or Agent Peter Meer Vice President Printed Name and Title of Authorized Officer or Agent SUBSCRIBED AND $WORN BEFORE ME ON TS THE DAY OF N ARY PUBLIC My Commission Expires: D.Zla Z/aoa =County, IC RGIA02/27/2024 “EXHIBIT D” SUBCONTRACTOR AFFIDAVIT AND AGREEMENT under O.C.G.A. § 13-10-91(b)(3) 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 ___Meer Electrical Contractors, Inc.____ on behalf of the City of Milton, Georgia, has registered with, is authorized to use and uses the federal work authorization program commonly known as E-Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91. Furthermore, the undersigned subcontractor will continue to use the federal work authorization program throughout the contract period, and the undersigned subcontractor will contract for the physical performance of services in satisfaction of such contract 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 City Hall Generator and Transfer Switch Installation 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 My Commission Expires: _________________________________ "N/A" CITY COUNCIL AGENDA ITEM TO: City Council DATE: July 27, 2021 FROM: Steven Krokoff, City Manager AGENDA ITEM: Approval of a Task Order for BM&K, P.C. to Provide Construction Inspection Services for the Providence Park ADA Trail, Boardwalk, and Pier. MEETING DATE: Monday, August 2, 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 August 2, 2021 X To: Honorable Mayor and City Council Members From: Sara Leaders, PE, Acting Public Works Director Date: Submitted on July 24, 2021 for the August 2, 2021 Regular City Council Meeting Agenda Item: Approval of a Task Order to Provide Construction Inspection Services for the Providence Park ADA Trail, Boardwalk, and Pier _____________________________________________________________________________________ Project Description: The City of Milton issued an RFP for City Program Management Services including inspection services for construction projects. This task order for inspection services will ensure that construction activity carried out for the Providence Park ADA trail, boardwalk, and pier is in conformance with approved plans and permits issued by the City. The services to be provided under this task order shall ensure control of work on the project and shall provide for project inspection, oversight, and administration of the construction. Procurement Summary: Purchasing method used: Task Order Related to Original RFP Account Number: 300-6110-541200003 Requisition Total: $40,000 Financial Review: Bernadette Harvill, July 27, 2021 Legal Review: Ken Jarrard, Jarrard & Davis, LLP – July 2, 2021 Attachment: Task Order to Provide Construction Inspection Services for the Providence Park ADA Trail, Boardwalk, and Pier MI LTON'1P FS MI5HfD3 TASK ORDER TO PROVIDE CONSTRUCTION INSPECTION SERVICES FOR THE PROVIDENCE PARK ADA TRAIL, BOARDWALK, & PIER THIS TASK ORDER between the par es is entered into pursuant to the Professional Services Agreement (RFQ #17-PWOI), incorporated herein by reference, and shall serve as authorization by City of Milton to BM&K, P.C. (referred to herein alternately as "Consultant' and "BM&K") to perform the services described herein pursuant to the terms and conditions, mutual covenants and promises provided herein and in the Professional Services Agreement. NOW, THEREFORE, for and in consideration of the mutual promises, the public purposes, and the acknowledgements and agreements contained herein, and other good and adequate consideration, the sufficiency of which is hereby acknowledged, the Parties do mutually agree as follows: Description of Services: The City is requesting construction inspection services for the Providence Park ADA Trail, Boardwalk and Pier Project. The services to be provided under this task order shall ensure control of work on the project according to GDOT Section 105 and shall provide for part-time project inspection, oversight, and administration of the construction. Mandatory functions under this task order are certifying that all material conforms to the requirements of the contract, plans, and specifications; support in review of invoices, contractor progress reports, billing documents, and any other backup information on a monthly basis; maintaining accurate and thorough project records; and keeping a daily project diary for the project. Timing: This task order will be completed within 6 months of BM&K receiving a notice to proceed from the City. Compensation: This task order shall not exceed $40,000.00 and the underlying rates for all services to be provided are based upon those rates set forth in the Professional Services Agreement. Att achments: Exhibit "A" Overall Plan for Construction Exhibit "B" GDOT Section 105 Approved by City Council Mayor Date Approved as to form: City Attorney See following page for• additional signatures 2006 Heritage Walk Milton, GA 30004 P: 678.242.2500 � F: 678.242.2499 infoC�cityotmiltonga.us � www.cityotmiltonga.us O O © O MI LTON't E]TMMHFDN CITY OF MILTON: By: Name: Date: CO 13DMhNT• tom, Title: Nam : IC.j 2006 Heritage Walk Milton, GA 30004 P: 678.242.2500 � F: 678.242.2499 info@cityofmiltongq.us � www.cityofmiltongq.us O O © O Page is too large to OCR. Page 1 Section 105—Control of Work 105.01 Authority of the Engineer The Engineer will decide all questions that may arise as to the quality and acceptability of materials furnished, work performed, and the rate of progress of The Work; the interpretation of the Plans and Specifications, and all questions as to the acceptable fulfillment of the Contract on the part of the Contractor. The Engineer will determine the quantities of the several kinds of work performed and materials furnished which are to be paid for under the Contract and his determination shall be final. The Engineer will have the authority to suspend The Work wholly or in part due to the failure of the Contractor to correct conditions unsafe for the workmen or general public; for failure to carry out provisions of the Contract, or for failure to carry out orders; for such periods as he may deem necessary due to unsuitable weather; for conditions considered unsuitable for the prosecution of The Work; or for any other condition or reason deemed to be in the public interest. The Contractor may request and will receive written instructions from the Engineer upon any important items. After the Contract has been executed, and before work begins, the Engineer may designate a time and place to hold a Preconstruction Conference with the Contractor. At such time, the Contractor shall furnish the Engineer with a Progress Schedule as provided in Subsection 108.03 unless this schedule has been specifically exempted by Special Provision. The Contractor will also be given a decision on any alternate Traffic Control Plan that he may have previously submitted. Any matters pertaining to order of work, interpretation of Plans and Specifications, traffic control, utility adjustments, or others, may be discussed at the Preconstruction Conference. 105.02 Plans and Working Drawings Plans will show details of all structures, lines, grades, typical cross sections of the roadway, location and design of all structures, and a summary of Items appearing in the Proposal. The Plans will be supplemented by such working drawings as are necessary to adequately control the Work. Working drawings for structures shall be furnished by the Contractor and shall consist of such detailed Plans as may be required to adequately control The Work and which are not included in the Plans furnished by the Department. They shall include stress sheets, shop drawings, erection plans, falsework plans, cofferdam plans, bending diagrams for reinforcing steel or any other supplementary plans, or similar data required of the Contractor. All working drawings must be approved by the Engineer and such approval shall not operate to relieve the Contractor of any responsibility under the contract for the successful completion of The Work. The Contract Bid Prices shall include the cost of furnishing all working drawings. 105.03 Conformity with Plans and Specifications All Work performed and all materials furnished shall be in reasonably close conformity with the lines, grades, cross sections, dimensions, and material requirements, including tolerances, shown on the Plans or indicated in the Specifications. Plan dimensions and contract Specification values are to be considered as the target values to be strived for and complied with as the design values from which any deviations are allowed. It is the intent of the Specifications that the materials and workmanship shall be uniform in character and shall conform as nearly as realistically possible to the prescribed target value or to the middle portion of the tolerance range. The purpose of the tolerance range is to accommodate occasional minor variations from the median zone that are unavoidable for practical reasons. When either a maximum and minimum value or both are specified, the production and processing of the material and the performance of the work shall be so controlled that material or work will not be preponderantly of borderline quality or dimension. In the event the Engineer finds the materials or the finished product in which the materials are used not within reasonably close conformity with the Plans and Specifications, but that reasonably acceptable work has been produced, the Engineer shall then make a determination if the work shall be accepted and remain in place. In this event, except in cases where the appropriate price adjustments are provided for in the Specifications covering the materials and/or the finished product, a Supplemental Agreement will be executed documenting the basis of acceptance that will provide for an appropriate price EXHIBIT "B" Section 105—Control of Work Page 2 adjustment in the Contract Price for such work or materials as the Engineer deems necessary to conform to his determination based on engineering judgement. In the event the Engineer finds the materials or the finished product in which the materials are used or the work performed are not in reasonably close conformity with the Plans and Specifications, and have resulted in an inferior or unsatisfactory product, the work or materials shall be removed and replaced or otherwise corrected by and at the expense of the Contractor. 105.04 Coordination of Plans, Specifications, Supplemental Specifications, and Special Provisions These Standard Specifications, the Supplemental Specifications, the Plans, Special Provisions, and all supplementary documents are essential parts of the Contract, and a requirement occurring in one is as binding as though occurring in all. They are intended to be complementary and to describe and provide for a complete work. In cases of discrepancy, the governing descending order will be as follows: 1. Special Provisions 2. Project Plans including Special Plan Details 3. Supplemental Specifications 4. Standard Plans including Standard Construction Details 5. Standard Specifications Calculated dimensions will govern over scaled dimensions. The Contractor shall take no advantage of any apparent error or omission in the Plans or Specifications. In the event the Contractor discovers such an error or omission, he shall immediately notify the Engineer. The Engineer will then make such corrections and interpretations as may be deemed necessary for fulfilling the intent of the Plans and Specifications. A. Specifications of Other Organizations When work is specified to be done or when materials are to be furnished according to the published specifications of organizations other than the Department, the latest specifications published by those organizations at the time bids are received shall apply unless otherwise specified. AASHTO Interim Specifications and ASTM Tentative Specifications will be considered effective on date of issue. B. Item Numbers The first three digits of any Item Number in the itemized Proposal designates the Specification section under which the Item shall be constructed. 105.05 Cooperation by Contractor The Contractor will be supplied with a minimum of two sets of approved Plans and Contract assemblies including Special Provisions, one set of which the Contractor shall keep available on The Work at all times. The Contractor shall give the Work the constant attention necessary to facilitate the progress thereof, and shall cooperate with the Engineer, Inspectors, and other Contractors in every way possible. The Contractor shall have on The Work at all times, as his agent, a competent Superintendent, capable of reading and thoroughly understanding the Plans and Specifications, and thoroughly experienced in the type of work being performed, who shall receive instructions from the Engineer or his authorized representatives. The Superintendent shall have full authority to execute orders or directions of the Engineer without delay and to promptly supply such materials, equipment, tools, labor, and incidentals as may be required. Such superintendence shall be furnished irrespective of the amount of work sublet. Section 105—Control of Work Page 3 The Superintendent shall notify the Engineer prior to starting any Pay Item Work. The Prime Contractor shall coordinate and be responsible to the Engineer for all activities of subcontractors. 105.06 Cooperation with Utilities The Department will notify all utility companies, all pipeline owners, all railroad companies, or other parties affected of Award of the Contract, giving the name and address of the Contractor, and will assist the Contractor in arranging for all necessary adjustments of the public or private utility fixtures, pipe lines, and other appurtenances within or adjacent to the limits of construction. Water lines, gas lines, wire lines, service connections, water and gas meter boxes, water and gas valve boxes, light standards, cableways, signals, railroad facilities, and all other utility appurtenances within the limits of the proposed construction which are to be relocated or adjusted are to be moved by the owners at their expense, except as otherwise provided for in the Special Provisions or as noted on the Plans. It is understood and agreed that the Contractor has considered in his bid all of the permanent and temporary utility appurtenances in their present location or relocated positions, both as shown on the Plans, and that no additional compensation will be allowed for any delays, inconvenience, or damage sustained by him due to any interference from said utility appurtenances or the operation of moving them. Delays and interruptions to the controlling Item or Items of The Work are covered in Subsection 107.21.G. It shall be each utility owner’s responsibility to plan with the Contractor a schedule of operations which will clearly set forth at which stage of the Contractor’s operations the utility owner will be required to perform his removal and relocation work. 105.07 Cooperation Between Contractors The Department reserves the right at any time to Contract for and perform other or additional work on or near The Work covered by the Contract. When separate Contracts are let within the limits of any one Project, each contractor shall conduct his work so as not to interfere with or hinder the progress or completion of The Work being performed by other Contractors. Contractors working on the same Project shall cooperate with each other. Each Contractor involved shall assume all liability, financial or otherwise, in connection with his Contract and shall protect and save harmless the Department from any and all damages or claims that may arise because of inconvenience, delay, or loss experienced by him because of the presence and operations of other Contractors working within the limits of the same Project. The Contractor shall arrange his work and shall place and dispose of the materials being used so as not to interfere with the operations of the other contractors within the limits of the same Project. He shall join his work with that of the others in an acceptable manner and shall perform it in proper sequence to that of the others. At the request of the Structure Contractor, the Engineer will designate an area within the right-of-way, adjacent to each structure, to be reserved for use by the Structure Contractor for Storage of Equipment and Materials necessary to construct the particular structure. So long as he occupies this area, the Structure Contractor shall be responsible for its maintenance. The Structure Contractor must relinquish this area, however, as it becomes practical to utilize completed portions of the structure. 105.08 Construction Stakes, Lines and Grades (Subsection 105.08 Omitted) 105.09 Authority and Duties of the Resident Engineer The Resident Engineer, regardless of his administrative title, is the Engineer designated by the Department to be the direct representative of the Chief Engineer. The Resident Engineer has immediate charge of the engineering details of each construction Project, and is responsible for the administration and construction of the Project. Such administration includes Section 105—Control of Work Page 4 the designation of subordinates to represent him and make routine decisions. The Resident Engineer has the authority to reject defective material and to suspend any work that is being improperly performed. 105.10 Duties of the Inspector Inspectors employed by the Department are authorized to inspect all work done and materials furnished. Such inspection may extend to all or any part of The Work and to the preparation, fabrication, or manufacture of the materials to be used. The Inspector will not be authorized to alter or waive the provisions of the Contract. The Inspector will not be authorized to issue instructions contrary to the Plans and Specifications or to act as foreman for the Contractor. 105.11 Inspection of the Work All materials and each part of the detail of The Work shall be subject to inspection by the Engineer. The Engineer shall be allowed access to all parts of The Work and shall be furnished with such information and assistance by the Contractor as is required to make a complete and detailed Inspection. Upon the Engineer’s request, the Contractor, at any time before acceptance of The Work, shall remove or uncover such portions of the finished work as may be directed. After examination, the Contractor shall restore said portions of The Work to the standard required by the Specifications. Should The Work thus exposed or examined prove acceptable, the uncovering or removing and the replacing of the covering or making good of the parts removed will be paid for as Extra Work; but should the work so exposed or examined prove unacceptable, the uncovering, or removing and the replacing of the covering or making good of the parts removed will be at the Contractor’s expense. Any work done or materials used without supervision or inspection by an authorized Department representative may be ordered removed and replaced at the Contractor’s expense, unless the Department representative failed to inspect after having been given reasonable notice in writing that The Work was to be performed. When any unit of government or political subdivision or any railroad corporation is to pay a portion of the cost of The Work covered by the Contract, its respective representatives shall have the right to inspect The Work. Such inspection shall in no sense make any unit of government or political subdivision or any railroad corporation a party to the Contract and shall in no way interfere with the rights of either party hereunder. 105.12 Removal of Unacceptable and Unauthorized Work All work that does not conform to the requirements of the Contract will be considered unacceptable unless otherwise determined acceptable under the provisions in Subsection 105.03. Unacceptable work, whether the result of poor workmanship, use of defective materials, damage through carelessness, or any other cause found to exist prior to the Final Acceptance of The Work, shall be removed immediately and replaced in an acceptable manner. Except as elsewhere noted, no work shall be done without lines and grades having been given by the Engineer. Work done contrary to the instructions of the Engineer, work done beyond the lines shown on the Plans or as given, except as herein specified, or any Extra Work done without authority will be considered as unauthorized and will not be paid for under the provisions of the Contract. Work so done may be ordered removed or replaced at the Contractor’s expense. Upon failure on the part of the Contractor to comply forthwith with any order of the Engineer made under the provisions of this section, the Engineer will have authority to cause unacceptable work to be remedied or removed and replaced and to cause unauthorized work to be removed, and to deduct the costs from any monies due or to become due the Contractor. 105.13 Claims for Adjustments and Disputes Whenever the Contractor believes that it is or will be entitled to additional compensation, whether due to delay, extra work, breach of contract, or other causes, the Contractor shall follow the procedures set forth in this Sub-Section. Section 105—Control of Work Page 5 A. Claims For Acceleration The Department shall have no liability for any constructive acceleration. If the Department gives express written direction for the Contractor to accelerate its effort, then both parties shall execute a Supplemental Agreement as provided in Subsection 104.03. B. Claims For Delay and All Other Claims Except Acceleration 1. The Department shall have no liability for damages beyond those items which are specifically payable under this Sub-Section. 2. The Department will be liable only for those delay damages caused by or arising from acts or omissions on the part of the Department which violate legal or contractual duties owed to the Contractor by the Department. The Contractor assumes the risk of damages from all other causes of delay. 3. The parties recognize that delays caused by or arising from right of way problems, defects in plans or design, redesign, changes in the Work by the Department, the actions of suppliers or other Contractors, the shop-drawing approval process, injunctions, court orders and other such events, forces or factors are commonly experienced in highway construction work. Such delays shall not constitute breaches of the Contract. However, such delays may constitute a basis for a claim for delay damages, if found to be in accordance with Subsection 105.13.B.2 above and other provisions of the Contract, and/or a request for a time extension. 4. The term "delay" shall be deemed to mean any event, action, force or factor which extends the Contractor's time of performance. This Subsection is intended to cover all such events, actions, forces or factors, whether they be styled "delay," "disruption," "interference," "impedance," "hindrance", "impact" or otherwise. 5. Compliance with the provisions of this Subsection will be an essential condition precedent to any recovery of damages by the Contractor. 6. The following items, and only the following items, may be recoverable by the Contractor as "damages: a. Additional direct hourly rates paid to employees for job site labor, including payroll taxes, welfare, insurance, benefits and all other labor burdens. b. Documented additional costs for materials. c. Additional equipment costs, as determined in accordance with this Sub-Section. d. Documented costs of extended job-site overhead. (Not applicable for claims other than delay claims.) e. An additional 15 percent of the total of Subsections 105.13.B.6. a, b, c and d, which sum includes home office overhead and profit. f. Bond costs. g. Subcontractor costs, as determined by, and limited to, those items identified as payable under Subsection 105.13.B.6. a, b, c, d, e, and f. 7. For purposes of computing additional equipment costs, rates used shall be based on the Contractor's actual experienced cost for each piece of equipment. These rates shall be supported by equipment cost records furnished by the Contractor. In no case will equipment rates be allowed in excess of those determined utilizing the "Rental Rate Blue Book," with the appropriate adjustments noted in Subsection 109.05. 8. The parties agree that, in any claim for damages, the Department will have no liability for the following items of damages or expense: Section 105—Control of Work Page 6 a. Profit, in excess of that provided herein. b. Loss of profit. c. Labor inefficiencies, except as allowed under Subsection 105.13.B.6.a. d. Home office overhead in excess of that provided herein. e. Consequential damages, including but not limited to loss of bonding capacity, loss of bidding opportunities and insolvency. f. Indirect costs or expenses of any nature. g. Attorneys fees, claims preparation expenses, or costs of litigation. h. Interest of any nature. 9. NOTICE OF POTENTIAL CLAIM: In any case in which the Contractor believes that it will be entitled to additional compensation, the Contractor shall notify the Engineer in writing of its intent to claim such additional compensation. Such notice shall be given in order that the Department can assess the situation, make an initial determination as to who is responsible, and institute appropriate changes or procedures to resolve the matter. a. Claims for Delay - The Department shall have no liability for any delay which occurred more than one week prior to the filing of such written notice. Failure of the Contractor to give such written notice in a timely fashion will be grounds for denial of the claim. b. All Other Claims Except Acceleration and Delay - If the Contractor does not file such written notice before beginning the work out of which such claim arises, then the Contractor hereby agrees that it shall have waived any additional compensation for that work and the Contractor shall have no claim thereto. 10. RECORDS: After filing a "Notice of Potential Claim", the Contractor shall keep daily records of all labor, material, and equipment costs incurred for operations affected. These daily records shall identify each operation affected and the specific locations where work is affected. The Department will also keep records of all labor, material, and equipment used on operations affected. At the time and place, as designated by the Engineer, on Monday, or the first work day, of each week following the date of filing a "Notice of Potential Claim", the Contractor shall meet with the Department's representative and present the daily records for the preceding week. If the Contractor's records indicate costs greater than those kept by the Department, the Department will present its records to the Contractor. The Contractor shall notify the Engineer in writing within three (3) work days of any inaccuracies noted in, or disagreements with, the Department's records. Refusal or repeated failure by the Contractor to attend these weekly meetings and present its records will constitute a waiver by the Contractor of any objections as to the accuracy of the Department's records. When the Contractor makes an objection as to the accuracy of the Department's records, the Engineer shall review the matter, and correct any inaccuracies he finds in the Department's records. For purposes of computing damages, the Department's records will control. In the event the Contractor wishes to contest the accuracy of the Department's records, it may file a petition pursuant to Rule 672-1-.05 of the Official Rules and Regulations of the Department of Transportation. The decision of the Engineer, or, if contested, the decision of the Agency, will be final and binding upon the parties as to any objections to the accuracy of the Department's records, subject to the Contractor's right to judicial review under O.C.G.A. Section 50-13-19. 11. On a weekly basis after filing a "Notice of Potential Claim" for delay damages, the Contractor shall prepare and submit to the Engineer written reports providing the following information: Section 105—Control of Work Page 7 a. Potential effect to the schedule caused by the delay. b. Identification of all operations that have been delayed, or are to be delayed. c. Explanation of how the Department's act or omission delayed each operation, and estimation of how much time is required to complete the project. d. Itemization of all extra costs being incurred, including: 1) An explanation as to how those extra costs relate to the delay and how they are being calculated and measured. 2) Identification of all project employees for whom costs are being compiled. 3) Identification of all manufacturer's numbers of all items of equipment for which costs are being compiled. C. Required Contents of Claims All claims shall be submitted in writing, and shall be sufficient in detail to enable the Engineer to ascertain the basis and the amount of each claim. The claim submission shall include six (6) copies. All information submitted to the Department under this Subsection will be used exclusively for analyzing the claim, resolving the claim or any litigation which might arise from the claim. At a minimum, the following information shall be provided: 1. A description of the operations that were delayed, the reasons for the delay, how they were delayed, including the report of all scheduling experts or other consultants, if any. (Not applicable for claims other than delay claims) 2. An as-built chart, CPM scheme or other diagram depicting in graphic form how the operations were adversely affected. (Not applicable for claims other than delay claims except where an extension of time is sought) 3. A detailed factual statement of the claim providing all necessary dates, locations and items of work affected by the claim. 4. The date on which actions resulting in the claim occurred or conditions resulting in the claim became evident. 5. A copy of the "Notice of Potential Claim" filed for the specific claim by the Contractor. 6. The name, function, and activity of each Department official, or employee, involved in, or knowledgeable about facts that gave rise to such claim. 7. The name, function, and activity of each Contractor or Subcontractor official, or employee, involved in, or knowledgeable about facts that gave rise to such claim. 8. The identification of any pertinent documents, and the substance of any material oral communication relating to such claim. 9. A statement as to whether the additional compensation or extension of time sought is based on the provisions of the Contract or an alleged breach of Contract. 10. The specific provisions of the Contract which support the claim, and a statement of the reasons why such provisions support the claim. 11. The amount of additional compensation sought and a break-down of that amount into the categories specified as payable under Subsection 105.13.B.6, above. 12. If an extension of time is also sought, the specific days for which it is sought and the basis for such request. Section 105—Control of Work Page 8 D. Required Certification of Claims When submitting the claim, the Contractor shall certify in writing, under oath in accordance with the formalities required by Georgia law, as to the following: 1. That the claim is made in good faith. 2. That supportive data are accurate and complete to the Contractor's best knowledge and belief that the amount of the claim accurately reflects what the Contractor in good faith believes to be the Department's liability. The Contractor shall use the CERTIFICATE OF CLAIM form, which can be obtained from the Department, in complying with these requirements. E. Auditing of Claims All claims filed against the Department shall be subject to audit at any time following the filing of such claim, whether or not such claim is part of a suit pending in the courts of this State. The audit may be performed by employees of the Department or by an independent auditor on behalf of the Department. The audit may begin on ten days notice to the Contractor, Subcontractor, or Supplier. The Contractor, Subcontractor, or Supplier shall make a good faith effort to cooperate with the auditors. Failure to cooperate with the auditor shall constitute a waiver by the Contractor of the claim in its entirety. Failure of the Contractor, Subcontractor, or Supplier to maintain and retain sufficient records to allow the Department's auditor to verify the claim shall constitute a waiver of that portion of such claim that cannot be verified and shall bar recovery thereunder. If the claim is part of a suit pending in a court of this state or if the claim becomes a part of a suit in a court of this state, the questions of whether the Contractor has cooperated with the auditor or failed to maintain and retain sufficient records to allow the auditor to verify the claim shall be questions for determination by the judge without the assistance of a jury. Without limiting the generality of the foregoing, and as a minimum, the auditors shall have available to them the following documents: 1. Daily time sheets and foreman's daily reports. 2. Project payroll register. 3. Profit and loss statements for the Project. 4. Payroll tax returns. 5. Material invoices, purchase orders, and all material and supply acquisition contracts for the Project. 6. Material cost distribution worksheet for the Project. 7. Equipment records (list of company equipment, rates, etc.) 8. Vendor rental agreements, and subcontractor invoices. 9. Subcontractor payment certificates. 10. Canceled checks (payroll and vendors) for the Project. 11. Job cost report for the Project. 12. Job payroll ledger for the Project. 13. General ledger, general journal, (if used) and all subsidiary ledgers and journals together with all supporting documentation pertinent to entries made in these ledgers and journals. Section 105—Control of Work Page 9 14. Cash Disbursements journal for the Project. 15. Certified financial statements for all years reflecting the operations on this project. 16. Depreciation records on all company equipment whether such records are maintained by the company involved, its accountant, or others. 17. If a source other than depreciation records is used to develop costs for the Contractor's internal purposes in establishing the actual cost of owning and operating equipment, all such other source documents. 18. All documents which relate to each and every claim together with all documents which support the amount of damages as to each claim. 19. Worksheets used to prepare the claim establishing the cost components for items of the claim including, but not limited to, labor, benefits and insurance, materials, equipment, subcontractors, and all documents which establish the time periods, individuals involved, the hours and the rates for the individuals. F. Mediation After compliance by the Contractor with parts B., C., D. and E. of Subsection 105.13 and if the Contractor's claim has been disallowed in whole or in part, then the Contractor may, within 30 calendar days from receipt of the ruling of the Engineer, make a written request to the Engineer that the claim or claims be referred to mediation. If requested in accordance with this specification, mediation shall be granted by the Department. In which case, within 30 days of receipt by the Department of the Contractor's request for mediation, the Contractor and the Department will meet to select a mediator. The mediator will then schedule the mediation at a place, time, and earliest date agreeable to the Contractor and the Department. The Contractor and the Department mutually agree that mediation shall be a condition precedent to the filing of any lawsuit concerning claims or alleged breaches of the Contract. The costs and expenses of the mediator, selected by mutual agreement of the parties, will be divided equally between the Department and the Contractor. Each party to the mediation shall bear its own costs of preparing for and participating in the mediation. G. Remedies Exclusive In the event any legal action is instituted against the Department by the Contractor on account of any claim for additional compensation, whether on account of delay, acceleration, breach of contract, claimed extra work, or otherwise, the Contractor agrees that the Department's liability will be limited to those items which are specifically identified as payable in this Sub-Section. 105.14 Maintenance During Construction The Contractor shall maintain the project during construction and until the Project is accepted. This maintenance shall constitute the continuous and effective work prosecuted day by day, with adequate equipment and forces to the end that all areas of the project are kept in satisfactory condition at all times. The Contractor’s area of responsibility for maintenance is confined to the physical construction limits plus any areas affected by the Contractor’s activities. Once maintenance acceptance or final acceptance has been made, the Contractor is no longer responsible for damage to The Work other than that attributable to the Contractor’s actions or inadequate construction. In case of separate contracts, each Contractor shall be responsible for any damage to the completed work of others caused by his actions or negligence. Where the work of one Contractor has been accepted by the Department, the Contractor performing subsequent work in the area shall be responsible for the maintenance and protection of all work previously completed. If separate bridge contracts are let within the limits of a Roadway Project and the Bridge Contractor completes his Contract before the Roadway Contractor, the Bridge Contract may be accepted and the Roadway Contractor will be responsible for maintenance of the new bridge until it is opened to traffic. If the Roadway Contractor hauls materials across the bridge the Section 105—Control of Work Page 10 Roadway Contractor shall protect the endposts, deck surface, deck edges, joints, and all other vulnerable features of the bridge by use of adequate timber or earth cushions as directed by the Engineer. The Roadway Contractor shall repair all damage caused by such use, including resealing of joints and rerubbing of finish at his own expense. All cost of maintenance work during construction and before the Project is accepted shall be included in the Unit Prices Bid on the various Pay Items and the Contractor will not be paid an additional amount for such work except as provided in Subsection 104.05.B. The Contractor shall not allow vegetative growth at any time to obstruct signs, delineation, traffic movements, or sight distance. The Contractor shall at intervals not to exceed six months, clean up and remove litter and debris; remove weeds from around guardrail, 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 termini and lateral limits. 105.15 Failure to Maintain Roadway or Structures If at any time, the Contractor fails to comply with the provisions of Subsection 105.14, the Engineer will immediately notify the Contractor of such noncompliance. If the Contractor fails to remedy the unsatisfactory maintenance within 48 hours after receipt of such notice, the Engineer may immediately proceed to maintain The Work, and the entire cost of this maintenance will be deducted from monies due or to become due the Contractor under the Contract. As an alternative to the Engineer’s maintaining the Work, all the Items and quantities of work done, but not properly maintained, may be deducted from the current progress estimate, even if such Items have been paid for in a previous estimate. 105.16 Final Inspection and Acceptance Upon due written notice from the Contractor of substantial completion of the entire Project, the Engineer will determine if the Project is ready for a Final Inspection. The Engineer will have the final decision on when the Project is substantially complete and thereby ready for a Final Inspection. If the Engineer finds the Project substantially complete the Engineer will schedule the Final Inspection. If all construction provided for and contemplated by the Contract is found completed to the Engineer’s satisfaction and all documents required in connection with the Project have been submitted by the Contractor, the Engineer will make the Final Acceptance and notify the Contractor in writing of this acceptance. If, however, the Final Inspection discloses any work, in whole or part, as being unsatisfactory, the Engineer will provide the Contractor with a written punch-list that includes the necessary instructions for correction of same. The punch-list will also include any remaining work to be completed and any final reports and other documentation required to be submitted by the Contractor. The Contractor shall immediately comply with and execute such instructions. When all construction provided for and contemplated by the Contract is found completed to the Engineer’s satisfaction, including submission of any required documentation, the Engineer will make the Final Acceptance and notify the Contractor in writing of this acceptance. When the Contractor has finished a major portion of the Contract, the Contractor may request that a semi-final inspection be made. At the discretion of the Engineer, who shall be sole judge as to making the inspection, if the work is satisfactory, as described in the first paragraph of this Section, that portion of the Contract may be accepted, opened to traffic, if not already carrying traffic, and the Contractor relieved of the maintenance obligations as described elsewhere in these Specifications. Such partial acceptance shall in no way relieve the Contractor of responsibility for satisfactory completion of the Contract, or for failure of any portion of the accepted work prior to Final Acceptance of the Project. CITY COUNCIL AGENDA ITEM TO: City Council DATE: July 27, 2021 FROM: AGENDA ITEM: Steven Krokoff, City Manager Approval of a Task Order for BM&K, P.C. to Provide Construction Inspection Services for the Hopewell Road and Bethany Bend/Way Intersection Improvements. MEETING DATE: Monday, August 2, 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 August 2, 2021 X X X To: Honorable Mayor and City Council Members From: Sara Leaders, PE, Acting Public Works Director Date: Submitted on July 24, 2021 for the August 2, 2021 Regular City Council Meeting Agenda Item: Approval of a Task Order to Provide Construction Inspection Services for the Hopewell Road and Bethany Bend/Way Intersection Improvements. _____________________________________________________________________________________ Project Description: The City of Milton issued an RFP for City Program Management Services including inspection services for construction projects. This task order for inspection services will ensure that construction activity carried out for the Hopewell Road at Bethany Bend/Way intersection improvements is in conformance with approved plans and permits issued by the City. The services to be provided under this task order shall ensure control of work on the project and shall provide for continuous project inspection, oversight, and administration of the construction. Procurement Summary: Purchasing method used: Task Order Related to Original RFP Account Number: 335-4101-541400004 Requisition Total: $75,000 Financial Review: Bernadette Harvill, July 27, 2021 Legal Review: Ken Jarrard, Jarrard & Davis, LLP – July 2, 2021 Attachment: Task Order to Provide Construction Inspection for the Hopewell Road and Bethany Bend/Way Intersection Improvements MILTOR*4 MMUSHEDN TASK ORDER TO PROVIDE CONSTRUCTION INSPECTION SERVICES FOR THE HOPEWELL ROAD AND BETHANY BEND/WAY INTERSECTION IMPROVEMENTS THIS TASK ORDER between the parties is entered into pursuant to the Professional Services Agreement (RFQ #17-PW01), incorporated herein by reference, and shall serve as authorization by City of Milton to BM&K, P.C. (referred to herein alternately as "Consultant' and "BM&K") to perform the services described herein pursuant to the terms and conditions, mutual covenants and promises provided herein and in the Professional Services Agreement. NOW, THEREFORE, for and in consideration of the mutual promises, the public purposes, and the acknowledgements and agreements contained herein, and other good and adequate consideration, the sufficiency of which is hereby acknowledged, the Parties do mutually agree as follows: Description of Services: The City is requesting construction inspection services for the Hopewell Road and Bethany Bend/Way Intersection Project. The services to be provided under this task order involve ensuring that work on the project is performed in accordance withGDOT Section 105 and to provide for continuous project inspection, oversight and administration of the construction. Mandatory functions include performing materials testing and certifying that all material suppliers and materials conform to the requirements of the contract, plans, and specifications; support in review of invoices, contractor progress reports, billing documents, and any other backup information on a monthly basis; maintaining accurate and thorough project records; and keeping a daily project diary for the project. Timing: This task order will be completed by BM&K within 12 months of notice from the City to proceed. Compensation: This task order shall not exceed $75,000.00 and the underlying rates for all services to be provided are based upon those rates set forth in the Professional Services Agreement. Att achments: Exhibit "A" Overall Project Plan Exhibit "B" GDOT Section 105 Approved by City Council Mayor © O © O Approved as to form: City Attorney See following page for additional signatures 2006 Heritage Walk Milton, GA 30004 P: 678.242.2500 I F: 678.242.2499 info@cilyofmiltonga.uslwww.ci[yofmiltonga.us MI LTON'k E MLIfHED1 CITY OF MILTON: sy: Name: Date: CONSULTANT: 1..9 PC, e C sy:�xo Title: Name: Date: 2006 Heritage Walk Miiton, GA 30004 P: 678.242.2500 � F: 678.242.2499 info@ciiyofmiltonga.us � www.cilyofmiltonga.us O O © O EXHIBIT "A" Page 1 Section 105—Control of Work 105.01 Authority of the Engineer The Engineer will decide all questions that may arise as to the quality and acceptability of materials furnished, work performed, and the rate of progress of The Work; the interpretation of the Plans and Specifications, and all questions as to the acceptable fulfillment of the Contract on the part of the Contractor. The Engineer will determine the quantities of the several kinds of work performed and materials furnished which are to be paid for under the Contract and his determination shall be final. The Engineer will have the authority to suspend The Work wholly or in part due to the failure of the Contractor to correct conditions unsafe for the workmen or general public; for failure to carry out provisions of the Contract, or for failure to carry out orders; for such periods as he may deem necessary due to unsuitable weather; for conditions considered unsuitable for the prosecution of The Work; or for any other condition or reason deemed to be in the public interest. The Contractor may request and will receive written instructions from the Engineer upon any important items. After the Contract has been executed, and before work begins, the Engineer may designate a time and place to hold a Preconstruction Conference with the Contractor. At such time, the Contractor shall furnish the Engineer with a Progress Schedule as provided in Subsection 108.03 unless this schedule has been specifically exempted by Special Provision. The Contractor will also be given a decision on any alternate Traffic Control Plan that he may have previously submitted. Any matters pertaining to order of work, interpretation of Plans and Specifications, traffic control, utility adjustments, or others, may be discussed at the Preconstruction Conference. 105.02 Plans and Working Drawings Plans will show details of all structures, lines, grades, typical cross sections of the roadway, location and design of all structures, and a summary of Items appearing in the Proposal. The Plans will be supplemented by such working drawings as are necessary to adequately control the Work. Working drawings for structures shall be furnished by the Contractor and shall consist of such detailed Plans as may be required to adequately control The Work and which are not included in the Plans furnished by the Department. They shall include stress sheets, shop drawings, erection plans, falsework plans, cofferdam plans, bending diagrams for reinforcing steel or any other supplementary plans, or similar data required of the Contractor. All working drawings must be approved by the Engineer and such approval shall not operate to relieve the Contractor of any responsibility under the contract for the successful completion of The Work. The Contract Bid Prices shall include the cost of furnishing all working drawings. 105.03 Conformity with Plans and Specifications All Work performed and all materials furnished shall be in reasonably close conformity with the lines, grades, cross sections, dimensions, and material requirements, including tolerances, shown on the Plans or indicated in the Specifications. Plan dimensions and contract Specification values are to be considered as the target values to be strived for and complied with as the design values from which any deviations are allowed. It is the intent of the Specifications that the materials and workmanship shall be uniform in character and shall conform as nearly as realistically possible to the prescribed target value or to the middle portion of the tolerance range. The purpose of the tolerance range is to accommodate occasional minor variations from the median zone that are unavoidable for practical reasons. When either a maximum and minimum value or both are specified, the production and processing of the material and the performance of the work shall be so controlled that material or work will not be preponderantly of borderline quality or dimension. In the event the Engineer finds the materials or the finished product in which the materials are used not within reasonably close conformity with the Plans and Specifications, but that reasonably acceptable work has been produced, the Engineer shall then make a determination if the work shall be accepted and remain in place. In this event, except in cases where the appropriate price adjustments are provided for in the Specifications covering the materials and/or the finished product, a Supplemental Agreement will be executed documenting the basis of acceptance that will provide for an appropriate price EXHIBIT "B" Section 105—Control of Work Page 2 adjustment in the Contract Price for such work or materials as the Engineer deems necessary to conform to his determination based on engineering judgement. In the event the Engineer finds the materials or the finished product in which the materials are used or the work performed are not in reasonably close conformity with the Plans and Specifications, and have resulted in an inferior or unsatisfactory product, the work or materials shall be removed and replaced or otherwise corrected by and at the expense of the Contractor. 105.04 Coordination of Plans, Specifications, Supplemental Specifications, and Special Provisions These Standard Specifications, the Supplemental Specifications, the Plans, Special Provisions, and all supplementary documents are essential parts of the Contract, and a requirement occurring in one is as binding as though occurring in all. They are intended to be complementary and to describe and provide for a complete work. In cases of discrepancy, the governing descending order will be as follows: 1. Special Provisions 2. Project Plans including Special Plan Details 3. Supplemental Specifications 4. Standard Plans including Standard Construction Details 5. Standard Specifications Calculated dimensions will govern over scaled dimensions. The Contractor shall take no advantage of any apparent error or omission in the Plans or Specifications. In the event the Contractor discovers such an error or omission, he shall immediately notify the Engineer. The Engineer will then make such corrections and interpretations as may be deemed necessary for fulfilling the intent of the Plans and Specifications. A. Specifications of Other Organizations When work is specified to be done or when materials are to be furnished according to the published specifications of organizations other than the Department, the latest specifications published by those organizations at the time bids are received shall apply unless otherwise specified. AASHTO Interim Specifications and ASTM Tentative Specifications will be considered effective on date of issue. B. Item Numbers The first three digits of any Item Number in the itemized Proposal designates the Specification section under which the Item shall be constructed. 105.05 Cooperation by Contractor The Contractor will be supplied with a minimum of two sets of approved Plans and Contract assemblies including Special Provisions, one set of which the Contractor shall keep available on The Work at all times. The Contractor shall give the Work the constant attention necessary to facilitate the progress thereof, and shall cooperate with the Engineer, Inspectors, and other Contractors in every way possible. The Contractor shall have on The Work at all times, as his agent, a competent Superintendent, capable of reading and thoroughly understanding the Plans and Specifications, and thoroughly experienced in the type of work being performed, who shall receive instructions from the Engineer or his authorized representatives. The Superintendent shall have full authority to execute orders or directions of the Engineer without delay and to promptly supply such materials, equipment, tools, labor, and incidentals as may be required. Such superintendence shall be furnished irrespective of the amount of work sublet. Section 105—Control of Work Page 3 The Superintendent shall notify the Engineer prior to starting any Pay Item Work. The Prime Contractor shall coordinate and be responsible to the Engineer for all activities of subcontractors. 105.06 Cooperation with Utilities The Department will notify all utility companies, all pipeline owners, all railroad companies, or other parties affected of Award of the Contract, giving the name and address of the Contractor, and will assist the Contractor in arranging for all necessary adjustments of the public or private utility fixtures, pipe lines, and other appurtenances within or adjacent to the limits of construction. Water lines, gas lines, wire lines, service connections, water and gas meter boxes, water and gas valve boxes, light standards, cableways, signals, railroad facilities, and all other utility appurtenances within the limits of the proposed construction which are to be relocated or adjusted are to be moved by the owners at their expense, except as otherwise provided for in the Special Provisions or as noted on the Plans. It is understood and agreed that the Contractor has considered in his bid all of the permanent and temporary utility appurtenances in their present location or relocated positions, both as shown on the Plans, and that no additional compensation will be allowed for any delays, inconvenience, or damage sustained by him due to any interference from said utility appurtenances or the operation of moving them. Delays and interruptions to the controlling Item or Items of The Work are covered in Subsection 107.21.G. It shall be each utility owner’s responsibility to plan with the Contractor a schedule of operations which will clearly set forth at which stage of the Contractor’s operations the utility owner will be required to perform his removal and relocation work. 105.07 Cooperation Between Contractors The Department reserves the right at any time to Contract for and perform other or additional work on or near The Work covered by the Contract. When separate Contracts are let within the limits of any one Project, each contractor shall conduct his work so as not to interfere with or hinder the progress or completion of The Work being performed by other Contractors. Contractors working on the same Project shall cooperate with each other. Each Contractor involved shall assume all liability, financial or otherwise, in connection with his Contract and shall protect and save harmless the Department from any and all damages or claims that may arise because of inconvenience, delay, or loss experienced by him because of the presence and operations of other Contractors working within the limits of the same Project. The Contractor shall arrange his work and shall place and dispose of the materials being used so as not to interfere with the operations of the other contractors within the limits of the same Project. He shall join his work with that of the others in an acceptable manner and shall perform it in proper sequence to that of the others. At the request of the Structure Contractor, the Engineer will designate an area within the right-of-way, adjacent to each structure, to be reserved for use by the Structure Contractor for Storage of Equipment and Materials necessary to construct the particular structure. So long as he occupies this area, the Structure Contractor shall be responsible for its maintenance. The Structure Contractor must relinquish this area, however, as it becomes practical to utilize completed portions of the structure. 105.08 Construction Stakes, Lines and Grades (Subsection 105.08 Omitted) 105.09 Authority and Duties of the Resident Engineer The Resident Engineer, regardless of his administrative title, is the Engineer designated by the Department to be the direct representative of the Chief Engineer. The Resident Engineer has immediate charge of the engineering details of each construction Project, and is responsible for the administration and construction of the Project. Such administration includes Section 105—Control of Work Page 4 the designation of subordinates to represent him and make routine decisions. The Resident Engineer has the authority to reject defective material and to suspend any work that is being improperly performed. 105.10 Duties of the Inspector Inspectors employed by the Department are authorized to inspect all work done and materials furnished. Such inspection may extend to all or any part of The Work and to the preparation, fabrication, or manufacture of the materials to be used. The Inspector will not be authorized to alter or waive the provisions of the Contract. The Inspector will not be authorized to issue instructions contrary to the Plans and Specifications or to act as foreman for the Contractor. 105.11 Inspection of the Work All materials and each part of the detail of The Work shall be subject to inspection by the Engineer. The Engineer shall be allowed access to all parts of The Work and shall be furnished with such information and assistance by the Contractor as is required to make a complete and detailed Inspection. Upon the Engineer’s request, the Contractor, at any time before acceptance of The Work, shall remove or uncover such portions of the finished work as may be directed. After examination, the Contractor shall restore said portions of The Work to the standard required by the Specifications. Should The Work thus exposed or examined prove acceptable, the uncovering or removing and the replacing of the covering or making good of the parts removed will be paid for as Extra Work; but should the work so exposed or examined prove unacceptable, the uncovering, or removing and the replacing of the covering or making good of the parts removed will be at the Contractor’s expense. Any work done or materials used without supervision or inspection by an authorized Department representative may be ordered removed and replaced at the Contractor’s expense, unless the Department representative failed to inspect after having been given reasonable notice in writing that The Work was to be performed. When any unit of government or political subdivision or any railroad corporation is to pay a portion of the cost of The Work covered by the Contract, its respective representatives shall have the right to inspect The Work. Such inspection shall in no sense make any unit of government or political subdivision or any railroad corporation a party to the Contract and shall in no way interfere with the rights of either party hereunder. 105.12 Removal of Unacceptable and Unauthorized Work All work that does not conform to the requirements of the Contract will be considered unacceptable unless otherwise determined acceptable under the provisions in Subsection 105.03. Unacceptable work, whether the result of poor workmanship, use of defective materials, damage through carelessness, or any other cause found to exist prior to the Final Acceptance of The Work, shall be removed immediately and replaced in an acceptable manner. Except as elsewhere noted, no work shall be done without lines and grades having been given by the Engineer. Work done contrary to the instructions of the Engineer, work done beyond the lines shown on the Plans or as given, except as herein specified, or any Extra Work done without authority will be considered as unauthorized and will not be paid for under the provisions of the Contract. Work so done may be ordered removed or replaced at the Contractor’s expense. Upon failure on the part of the Contractor to comply forthwith with any order of the Engineer made under the provisions of this section, the Engineer will have authority to cause unacceptable work to be remedied or removed and replaced and to cause unauthorized work to be removed, and to deduct the costs from any monies due or to become due the Contractor. 105.13 Claims for Adjustments and Disputes Whenever the Contractor believes that it is or will be entitled to additional compensation, whether due to delay, extra work, breach of contract, or other causes, the Contractor shall follow the procedures set forth in this Sub-Section. Section 105—Control of Work Page 5 A. Claims For Acceleration The Department shall have no liability for any constructive acceleration. If the Department gives express written direction for the Contractor to accelerate its effort, then both parties shall execute a Supplemental Agreement as provided in Subsection 104.03. B. Claims For Delay and All Other Claims Except Acceleration 1. The Department shall have no liability for damages beyond those items which are specifically payable under this Sub-Section. 2. The Department will be liable only for those delay damages caused by or arising from acts or omissions on the part of the Department which violate legal or contractual duties owed to the Contractor by the Department. The Contractor assumes the risk of damages from all other causes of delay. 3. The parties recognize that delays caused by or arising from right of way problems, defects in plans or design, redesign, changes in the Work by the Department, the actions of suppliers or other Contractors, the shop-drawing approval process, injunctions, court orders and other such events, forces or factors are commonly experienced in highway construction work. Such delays shall not constitute breaches of the Contract. However, such delays may constitute a basis for a claim for delay damages, if found to be in accordance with Subsection 105.13.B.2 above and other provisions of the Contract, and/or a request for a time extension. 4. The term "delay" shall be deemed to mean any event, action, force or factor which extends the Contractor's time of performance. This Subsection is intended to cover all such events, actions, forces or factors, whether they be styled "delay," "disruption," "interference," "impedance," "hindrance", "impact" or otherwise. 5. Compliance with the provisions of this Subsection will be an essential condition precedent to any recovery of damages by the Contractor. 6. The following items, and only the following items, may be recoverable by the Contractor as "damages: a. Additional direct hourly rates paid to employees for job site labor, including payroll taxes, welfare, insurance, benefits and all other labor burdens. b. Documented additional costs for materials. c. Additional equipment costs, as determined in accordance with this Sub-Section. d. Documented costs of extended job-site overhead. (Not applicable for claims other than delay claims.) e. An additional 15 percent of the total of Subsections 105.13.B.6. a, b, c and d, which sum includes home office overhead and profit. f. Bond costs. g. Subcontractor costs, as determined by, and limited to, those items identified as payable under Subsection 105.13.B.6. a, b, c, d, e, and f. 7. For purposes of computing additional equipment costs, rates used shall be based on the Contractor's actual experienced cost for each piece of equipment. These rates shall be supported by equipment cost records furnished by the Contractor. In no case will equipment rates be allowed in excess of those determined utilizing the "Rental Rate Blue Book," with the appropriate adjustments noted in Subsection 109.05. 8. The parties agree that, in any claim for damages, the Department will have no liability for the following items of damages or expense: Section 105—Control of Work Page 6 a. Profit, in excess of that provided herein. b. Loss of profit. c. Labor inefficiencies, except as allowed under Subsection 105.13.B.6.a. d. Home office overhead in excess of that provided herein. e. Consequential damages, including but not limited to loss of bonding capacity, loss of bidding opportunities and insolvency. f. Indirect costs or expenses of any nature. g. Attorneys fees, claims preparation expenses, or costs of litigation. h. Interest of any nature. 9. NOTICE OF POTENTIAL CLAIM: In any case in which the Contractor believes that it will be entitled to additional compensation, the Contractor shall notify the Engineer in writing of its intent to claim such additional compensation. Such notice shall be given in order that the Department can assess the situation, make an initial determination as to who is responsible, and institute appropriate changes or procedures to resolve the matter. a. Claims for Delay - The Department shall have no liability for any delay which occurred more than one week prior to the filing of such written notice. Failure of the Contractor to give such written notice in a timely fashion will be grounds for denial of the claim. b. All Other Claims Except Acceleration and Delay - If the Contractor does not file such written notice before beginning the work out of which such claim arises, then the Contractor hereby agrees that it shall have waived any additional compensation for that work and the Contractor shall have no claim thereto. 10. RECORDS: After filing a "Notice of Potential Claim", the Contractor shall keep daily records of all labor, material, and equipment costs incurred for operations affected. These daily records shall identify each operation affected and the specific locations where work is affected. The Department will also keep records of all labor, material, and equipment used on operations affected. At the time and place, as designated by the Engineer, on Monday, or the first work day, of each week following the date of filing a "Notice of Potential Claim", the Contractor shall meet with the Department's representative and present the daily records for the preceding week. If the Contractor's records indicate costs greater than those kept by the Department, the Department will present its records to the Contractor. The Contractor shall notify the Engineer in writing within three (3) work days of any inaccuracies noted in, or disagreements with, the Department's records. Refusal or repeated failure by the Contractor to attend these weekly meetings and present its records will constitute a waiver by the Contractor of any objections as to the accuracy of the Department's records. When the Contractor makes an objection as to the accuracy of the Department's records, the Engineer shall review the matter, and correct any inaccuracies he finds in the Department's records. For purposes of computing damages, the Department's records will control. In the event the Contractor wishes to contest the accuracy of the Department's records, it may file a petition pursuant to Rule 672-1-.05 of the Official Rules and Regulations of the Department of Transportation. The decision of the Engineer, or, if contested, the decision of the Agency, will be final and binding upon the parties as to any objections to the accuracy of the Department's records, subject to the Contractor's right to judicial review under O.C.G.A. Section 50-13-19. 11. On a weekly basis after filing a "Notice of Potential Claim" for delay damages, the Contractor shall prepare and submit to the Engineer written reports providing the following information: Section 105—Control of Work Page 7 a. Potential effect to the schedule caused by the delay. b. Identification of all operations that have been delayed, or are to be delayed. c. Explanation of how the Department's act or omission delayed each operation, and estimation of how much time is required to complete the project. d. Itemization of all extra costs being incurred, including: 1) An explanation as to how those extra costs relate to the delay and how they are being calculated and measured. 2) Identification of all project employees for whom costs are being compiled. 3) Identification of all manufacturer's numbers of all items of equipment for which costs are being compiled. C. Required Contents of Claims All claims shall be submitted in writing, and shall be sufficient in detail to enable the Engineer to ascertain the basis and the amount of each claim. The claim submission shall include six (6) copies. All information submitted to the Department under this Subsection will be used exclusively for analyzing the claim, resolving the claim or any litigation which might arise from the claim. At a minimum, the following information shall be provided: 1. A description of the operations that were delayed, the reasons for the delay, how they were delayed, including the report of all scheduling experts or other consultants, if any. (Not applicable for claims other than delay claims) 2. An as-built chart, CPM scheme or other diagram depicting in graphic form how the operations were adversely affected. (Not applicable for claims other than delay claims except where an extension of time is sought) 3. A detailed factual statement of the claim providing all necessary dates, locations and items of work affected by the claim. 4. The date on which actions resulting in the claim occurred or conditions resulting in the claim became evident. 5. A copy of the "Notice of Potential Claim" filed for the specific claim by the Contractor. 6. The name, function, and activity of each Department official, or employee, involved in, or knowledgeable about facts that gave rise to such claim. 7. The name, function, and activity of each Contractor or Subcontractor official, or employee, involved in, or knowledgeable about facts that gave rise to such claim. 8. The identification of any pertinent documents, and the substance of any material oral communication relating to such claim. 9. A statement as to whether the additional compensation or extension of time sought is based on the provisions of the Contract or an alleged breach of Contract. 10. The specific provisions of the Contract which support the claim, and a statement of the reasons why such provisions support the claim. 11. The amount of additional compensation sought and a break-down of that amount into the categories specified as payable under Subsection 105.13.B.6, above. 12. If an extension of time is also sought, the specific days for which it is sought and the basis for such request. Section 105—Control of Work Page 8 D. Required Certification of Claims When submitting the claim, the Contractor shall certify in writing, under oath in accordance with the formalities required by Georgia law, as to the following: 1. That the claim is made in good faith. 2. That supportive data are accurate and complete to the Contractor's best knowledge and belief that the amount of the claim accurately reflects what the Contractor in good faith believes to be the Department's liability. The Contractor shall use the CERTIFICATE OF CLAIM form, which can be obtained from the Department, in complying with these requirements. E. Auditing of Claims All claims filed against the Department shall be subject to audit at any time following the filing of such claim, whether or not such claim is part of a suit pending in the courts of this State. The audit may be performed by employees of the Department or by an independent auditor on behalf of the Department. The audit may begin on ten days notice to the Contractor, Subcontractor, or Supplier. The Contractor, Subcontractor, or Supplier shall make a good faith effort to cooperate with the auditors. Failure to cooperate with the auditor shall constitute a waiver by the Contractor of the claim in its entirety. Failure of the Contractor, Subcontractor, or Supplier to maintain and retain sufficient records to allow the Department's auditor to verify the claim shall constitute a waiver of that portion of such claim that cannot be verified and shall bar recovery thereunder. If the claim is part of a suit pending in a court of this state or if the claim becomes a part of a suit in a court of this state, the questions of whether the Contractor has cooperated with the auditor or failed to maintain and retain sufficient records to allow the auditor to verify the claim shall be questions for determination by the judge without the assistance of a jury. Without limiting the generality of the foregoing, and as a minimum, the auditors shall have available to them the following documents: 1. Daily time sheets and foreman's daily reports. 2. Project payroll register. 3. Profit and loss statements for the Project. 4. Payroll tax returns. 5. Material invoices, purchase orders, and all material and supply acquisition contracts for the Project. 6. Material cost distribution worksheet for the Project. 7. Equipment records (list of company equipment, rates, etc.) 8. Vendor rental agreements, and subcontractor invoices. 9. Subcontractor payment certificates. 10. Canceled checks (payroll and vendors) for the Project. 11. Job cost report for the Project. 12. Job payroll ledger for the Project. 13. General ledger, general journal, (if used) and all subsidiary ledgers and journals together with all supporting documentation pertinent to entries made in these ledgers and journals. Section 105—Control of Work Page 9 14. Cash Disbursements journal for the Project. 15. Certified financial statements for all years reflecting the operations on this project. 16. Depreciation records on all company equipment whether such records are maintained by the company involved, its accountant, or others. 17. If a source other than depreciation records is used to develop costs for the Contractor's internal purposes in establishing the actual cost of owning and operating equipment, all such other source documents. 18. All documents which relate to each and every claim together with all documents which support the amount of damages as to each claim. 19. Worksheets used to prepare the claim establishing the cost components for items of the claim including, but not limited to, labor, benefits and insurance, materials, equipment, subcontractors, and all documents which establish the time periods, individuals involved, the hours and the rates for the individuals. F. Mediation After compliance by the Contractor with parts B., C., D. and E. of Subsection 105.13 and if the Contractor's claim has been disallowed in whole or in part, then the Contractor may, within 30 calendar days from receipt of the ruling of the Engineer, make a written request to the Engineer that the claim or claims be referred to mediation. If requested in accordance with this specification, mediation shall be granted by the Department. In which case, within 30 days of receipt by the Department of the Contractor's request for mediation, the Contractor and the Department will meet to select a mediator. The mediator will then schedule the mediation at a place, time, and earliest date agreeable to the Contractor and the Department. The Contractor and the Department mutually agree that mediation shall be a condition precedent to the filing of any lawsuit concerning claims or alleged breaches of the Contract. The costs and expenses of the mediator, selected by mutual agreement of the parties, will be divided equally between the Department and the Contractor. Each party to the mediation shall bear its own costs of preparing for and participating in the mediation. G. Remedies Exclusive In the event any legal action is instituted against the Department by the Contractor on account of any claim for additional compensation, whether on account of delay, acceleration, breach of contract, claimed extra work, or otherwise, the Contractor agrees that the Department's liability will be limited to those items which are specifically identified as payable in this Sub-Section. 105.14 Maintenance During Construction The Contractor shall maintain the project during construction and until the Project is accepted. This maintenance shall constitute the continuous and effective work prosecuted day by day, with adequate equipment and forces to the end that all areas of the project are kept in satisfactory condition at all times. The Contractor’s area of responsibility for maintenance is confined to the physical construction limits plus any areas affected by the Contractor’s activities. Once maintenance acceptance or final acceptance has been made, the Contractor is no longer responsible for damage to The Work other than that attributable to the Contractor’s actions or inadequate construction. In case of separate contracts, each Contractor shall be responsible for any damage to the completed work of others caused by his actions or negligence. Where the work of one Contractor has been accepted by the Department, the Contractor performing subsequent work in the area shall be responsible for the maintenance and protection of all work previously completed. If separate bridge contracts are let within the limits of a Roadway Project and the Bridge Contractor completes his Contract before the Roadway Contractor, the Bridge Contract may be accepted and the Roadway Contractor will be responsible for maintenance of the new bridge until it is opened to traffic. If the Roadway Contractor hauls materials across the bridge the Section 105—Control of Work Page 10 Roadway Contractor shall protect the endposts, deck surface, deck edges, joints, and all other vulnerable features of the bridge by use of adequate timber or earth cushions as directed by the Engineer. The Roadway Contractor shall repair all damage caused by such use, including resealing of joints and rerubbing of finish at his own expense. All cost of maintenance work during construction and before the Project is accepted shall be included in the Unit Prices Bid on the various Pay Items and the Contractor will not be paid an additional amount for such work except as provided in Subsection 104.05.B. The Contractor shall not allow vegetative growth at any time to obstruct signs, delineation, traffic movements, or sight distance. The Contractor shall at intervals not to exceed six months, clean up and remove litter and debris; remove weeds from around guardrail, 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 termini and lateral limits. 105.15 Failure to Maintain Roadway or Structures If at any time, the Contractor fails to comply with the provisions of Subsection 105.14, the Engineer will immediately notify the Contractor of such noncompliance. If the Contractor fails to remedy the unsatisfactory maintenance within 48 hours after receipt of such notice, the Engineer may immediately proceed to maintain The Work, and the entire cost of this maintenance will be deducted from monies due or to become due the Contractor under the Contract. As an alternative to the Engineer’s maintaining the Work, all the Items and quantities of work done, but not properly maintained, may be deducted from the current progress estimate, even if such Items have been paid for in a previous estimate. 105.16 Final Inspection and Acceptance Upon due written notice from the Contractor of substantial completion of the entire Project, the Engineer will determine if the Project is ready for a Final Inspection. The Engineer will have the final decision on when the Project is substantially complete and thereby ready for a Final Inspection. If the Engineer finds the Project substantially complete the Engineer will schedule the Final Inspection. If all construction provided for and contemplated by the Contract is found completed to the Engineer’s satisfaction and all documents required in connection with the Project have been submitted by the Contractor, the Engineer will make the Final Acceptance and notify the Contractor in writing of this acceptance. If, however, the Final Inspection discloses any work, in whole or part, as being unsatisfactory, the Engineer will provide the Contractor with a written punch-list that includes the necessary instructions for correction of same. The punch-list will also include any remaining work to be completed and any final reports and other documentation required to be submitted by the Contractor. The Contractor shall immediately comply with and execute such instructions. When all construction provided for and contemplated by the Contract is found completed to the Engineer’s satisfaction, including submission of any required documentation, the Engineer will make the Final Acceptance and notify the Contractor in writing of this acceptance. When the Contractor has finished a major portion of the Contract, the Contractor may request that a semi-final inspection be made. At the discretion of the Engineer, who shall be sole judge as to making the inspection, if the work is satisfactory, as described in the first paragraph of this Section, that portion of the Contract may be accepted, opened to traffic, if not already carrying traffic, and the Contractor relieved of the maintenance obligations as described elsewhere in these Specifications. Such partial acceptance shall in no way relieve the Contractor of responsibility for satisfactory completion of the Contract, or for failure of any portion of the accepted work prior to Final Acceptance of the Project. CITY COUNCIL AGENDA ITEM TO: City Council DATE: July 27, 2021 FROM: Steven Krokoff, City Manager AGENDA ITEM: Approval of a Task Order for BM&K, P.C. to Provide Construction Inspection Services for the Former Milton Country Club Trail Construction and Cart Path Removal. MEETING DATE: Monday, August 2, 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 August 2, 2021 X X X To: Honorable Mayor and City Council Members From: Sara Leaders, PE, Acting Public Works Director Date: Submitted on July 24, 2021 for the August 2, 2021 Regular City Council Meeting Agenda Item: Approval of a Task Order to Provide Construction Inspection Services for the Former Milton Country Club Trail Construction and Cart Path Removal. _____________________________________________________________________________________ Project Description: The City of Milton issued an RFP for City Program Management Services including inspection services for construction projects. This task order for inspection services will ensure that construction activity carried out for the Former Milton Country Club trail construction and cart path removal is in conformance with approved plans and permits issued by the City. The services to be provided under this task order shall ensure control of work on the project and shall provide for project inspection, oversight, and administration of the construction. Procurement Summary: Purchasing method used: Task Order Related to Original RFP Account Number: 300-6210-541200001 Requisition Total: $25,000 Financial Review: Bernadette Harvill, July 27, 2021 Legal Review: Ken Jarrard, Jarrard & Davis, LLP – July 2, 2021 Attachment: Task Order to Provide Construction Inspection Services for the Former Milton Country Club Trail Construction and Cart Path Removal MILTON*k ESTMHSHEDN TASK ORDER TO PROVIDE CONSTRUCTION INSPECTION SERVICES FOR THE FORMER MILTON COUNTRY CLUB TRAIL CONSTRUCTION AND CART PATH REMOVAL THIS TASK ORDER between the parties is entered into pursuant to the Professional Services Agreement (RFQ #17-PW01), incorporated herein by reference, and shall serve as authorization by City of Milton to BM&K, P.C. (referred to herein alternately as "Consultant" and "BM&K") to perform the services described herein pursuant to the terms and conditions, mutual covenants and promises provided herein and in the Professional Services Agreement, NOW, THEREFORE, for and in consideration of the mutual promises, the public purposes, and the acknowledgements and agreements contained herein, and other good and adequate consideration, the sufficiency of which is hereby acknowledged, the Parties do mutually agree as follows: Description of Services: The City is requesting construction inspection services for the Trail Construction and Cart Path Removal Project at the Former Milton Country Club. The services to be provided under this task order involve ensuring that work on the project is performed in accordance with GDOT Section 105 and to provide for part-time project inspection, oversight, and administration of the construction. Mandatory functions include certifying that all material conforms to the requirements of the contract plans, and specifications; support in review of invoices, contractor progress reports, billing documents, and any other backup information on a monthly basis; maintaining accurate and thorough project records; and keeping a daily project diary for the project. Timing: This task order will be completed by BM&K within 4 months of receiving notice from the City to proceed. Compensation: This task order shall not exceed $25,000.00 and the underlying rates for all services to be provided are based upon those rates set forth in the Professional Services Agreement. Att achments: Exhibit "A" Overall Plan for Construction Exhibit "B" GDOT Section 105 Approved by City Council Mayor Approved as to form: City Attorney Date See following page for additional signatures 2006 Heritage Walk Milton, GA 30004 P: 678.242.2500 I F: 678.242.2499 info@cityofmiltonga.uslwww.cityofmiltongo.us O O © O MILTON) 131"LISHFD Nq6 CITY OF MILTON: By: Name: Date: By: Title: amvF JA Date: 7'721 2006 Heritage Walk Milton, GA 30004 P: 678.242.2500 � F: 678.242.2499 infoOcilyofmiltonga.us � www.cityofmiltonga.us O O © O 18 17 16 15 2 1 3 4 14 11 13 POND POND (50' R/W)HIGHGROVE ROAD(50' R/W)HIGHGROVE CLUB DRIVEPRIVATE DRIVEPRIVATE DRIVESCALE 1"=300' 0 300 600 POND BRID G E (APPA R E N T V A RI A B L E R/ W) DINS M O R E R O A D REMOVAL O1 REMOVAL O2 REMOVAL O3 REMOVAL O4 TRAIL 1REMOVAL R1 REMOVAL R2TRAIL 4BOARDWALK T R A I L 5 R E M O V A L R 4 REM O V A L R 5 BID PROPOSAL 1A + 1B + 1C + 1D TRAIL 2 REMOVAL R3 TRAIL 7 EXISTING PATH REMOVAL NEW SURFACE TRAIL R RRRR R R RR R RRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRR RRR R R RRRRRRRRRRRRRRRR R R R R RR R R RRRRRR R RRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRR R RRRRR RRRR R R R RRRR R RRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRR R RR R R R R R R R R R R R R R R R R R R R R R R R R R R RRRRRRRRRRRRRRRRRRRR RRRRRRRRRRRRRRRRRRRRR RRRRRRRRRRR RR RRRRRRRRRRRRRRRRRRRRR RRRRRRRRRRRR R R R R R R R R R R R RRRRRR R RRRRRRRRRRRR R R R R R R R R R R R EXHIBIT "A" Page 1 Section 105—Control of Work 105.01 Authority of the Engineer The Engineer will decide all questions that may arise as to the quality and acceptability of materials furnished, work performed, and the rate of progress of The Work; the interpretation of the Plans and Specifications, and all questions as to the acceptable fulfillment of the Contract on the part of the Contractor. The Engineer will determine the quantities of the several kinds of work performed and materials furnished which are to be paid for under the Contract and his determination shall be final. The Engineer will have the authority to suspend The Work wholly or in part due to the failure of the Contractor to correct conditions unsafe for the workmen or general public; for failure to carry out provisions of the Contract, or for failure to carry out orders; for such periods as he may deem necessary due to unsuitable weather; for conditions considered unsuitable for the prosecution of The Work; or for any other condition or reason deemed to be in the public interest. The Contractor may request and will receive written instructions from the Engineer upon any important items. After the Contract has been executed, and before work begins, the Engineer may designate a time and place to hold a Preconstruction Conference with the Contractor. At such time, the Contractor shall furnish the Engineer with a Progress Schedule as provided in Subsection 108.03 unless this schedule has been specifically exempted by Special Provision. The Contractor will also be given a decision on any alternate Traffic Control Plan that he may have previously submitted. Any matters pertaining to order of work, interpretation of Plans and Specifications, traffic control, utility adjustments, or others, may be discussed at the Preconstruction Conference. 105.02 Plans and Working Drawings Plans will show details of all structures, lines, grades, typical cross sections of the roadway, location and design of all structures, and a summary of Items appearing in the Proposal. The Plans will be supplemented by such working drawings as are necessary to adequately control the Work. Working drawings for structures shall be furnished by the Contractor and shall consist of such detailed Plans as may be required to adequately control The Work and which are not included in the Plans furnished by the Department. They shall include stress sheets, shop drawings, erection plans, falsework plans, cofferdam plans, bending diagrams for reinforcing steel or any other supplementary plans, or similar data required of the Contractor. All working drawings must be approved by the Engineer and such approval shall not operate to relieve the Contractor of any responsibility under the contract for the successful completion of The Work. The Contract Bid Prices shall include the cost of furnishing all working drawings. 105.03 Conformity with Plans and Specifications All Work performed and all materials furnished shall be in reasonably close conformity with the lines, grades, cross sections, dimensions, and material requirements, including tolerances, shown on the Plans or indicated in the Specifications. Plan dimensions and contract Specification values are to be considered as the target values to be strived for and complied with as the design values from which any deviations are allowed. It is the intent of the Specifications that the materials and workmanship shall be uniform in character and shall conform as nearly as realistically possible to the prescribed target value or to the middle portion of the tolerance range. The purpose of the tolerance range is to accommodate occasional minor variations from the median zone that are unavoidable for practical reasons. When either a maximum and minimum value or both are specified, the production and processing of the material and the performance of the work shall be so controlled that material or work will not be preponderantly of borderline quality or dimension. In the event the Engineer finds the materials or the finished product in which the materials are used not within reasonably close conformity with the Plans and Specifications, but that reasonably acceptable work has been produced, the Engineer shall then make a determination if the work shall be accepted and remain in place. In this event, except in cases where the appropriate price adjustments are provided for in the Specifications covering the materials and/or the finished product, a Supplemental Agreement will be executed documenting the basis of acceptance that will provide for an appropriate price EXHIBIT "B" Section 105—Control of Work Page 2 adjustment in the Contract Price for such work or materials as the Engineer deems necessary to conform to his determination based on engineering judgement. In the event the Engineer finds the materials or the finished product in which the materials are used or the work performed are not in reasonably close conformity with the Plans and Specifications, and have resulted in an inferior or unsatisfactory product, the work or materials shall be removed and replaced or otherwise corrected by and at the expense of the Contractor. 105.04 Coordination of Plans, Specifications, Supplemental Specifications, and Special Provisions These Standard Specifications, the Supplemental Specifications, the Plans, Special Provisions, and all supplementary documents are essential parts of the Contract, and a requirement occurring in one is as binding as though occurring in all. They are intended to be complementary and to describe and provide for a complete work. In cases of discrepancy, the governing descending order will be as follows: 1. Special Provisions 2. Project Plans including Special Plan Details 3. Supplemental Specifications 4. Standard Plans including Standard Construction Details 5. Standard Specifications Calculated dimensions will govern over scaled dimensions. The Contractor shall take no advantage of any apparent error or omission in the Plans or Specifications. In the event the Contractor discovers such an error or omission, he shall immediately notify the Engineer. The Engineer will then make such corrections and interpretations as may be deemed necessary for fulfilling the intent of the Plans and Specifications. A. Specifications of Other Organizations When work is specified to be done or when materials are to be furnished according to the published specifications of organizations other than the Department, the latest specifications published by those organizations at the time bids are received shall apply unless otherwise specified. AASHTO Interim Specifications and ASTM Tentative Specifications will be considered effective on date of issue. B. Item Numbers The first three digits of any Item Number in the itemized Proposal designates the Specification section under which the Item shall be constructed. 105.05 Cooperation by Contractor The Contractor will be supplied with a minimum of two sets of approved Plans and Contract assemblies including Special Provisions, one set of which the Contractor shall keep available on The Work at all times. The Contractor shall give the Work the constant attention necessary to facilitate the progress thereof, and shall cooperate with the Engineer, Inspectors, and other Contractors in every way possible. The Contractor shall have on The Work at all times, as his agent, a competent Superintendent, capable of reading and thoroughly understanding the Plans and Specifications, and thoroughly experienced in the type of work being performed, who shall receive instructions from the Engineer or his authorized representatives. The Superintendent shall have full authority to execute orders or directions of the Engineer without delay and to promptly supply such materials, equipment, tools, labor, and incidentals as may be required. Such superintendence shall be furnished irrespective of the amount of work sublet. Section 105—Control of Work Page 3 The Superintendent shall notify the Engineer prior to starting any Pay Item Work. The Prime Contractor shall coordinate and be responsible to the Engineer for all activities of subcontractors. 105.06 Cooperation with Utilities The Department will notify all utility companies, all pipeline owners, all railroad companies, or other parties affected of Award of the Contract, giving the name and address of the Contractor, and will assist the Contractor in arranging for all necessary adjustments of the public or private utility fixtures, pipe lines, and other appurtenances within or adjacent to the limits of construction. Water lines, gas lines, wire lines, service connections, water and gas meter boxes, water and gas valve boxes, light standards, cableways, signals, railroad facilities, and all other utility appurtenances within the limits of the proposed construction which are to be relocated or adjusted are to be moved by the owners at their expense, except as otherwise provided for in the Special Provisions or as noted on the Plans. It is understood and agreed that the Contractor has considered in his bid all of the permanent and temporary utility appurtenances in their present location or relocated positions, both as shown on the Plans, and that no additional compensation will be allowed for any delays, inconvenience, or damage sustained by him due to any interference from said utility appurtenances or the operation of moving them. Delays and interruptions to the controlling Item or Items of The Work are covered in Subsection 107.21.G. It shall be each utility owner’s responsibility to plan with the Contractor a schedule of operations which will clearly set forth at which stage of the Contractor’s operations the utility owner will be required to perform his removal and relocation work. 105.07 Cooperation Between Contractors The Department reserves the right at any time to Contract for and perform other or additional work on or near The Work covered by the Contract. When separate Contracts are let within the limits of any one Project, each contractor shall conduct his work so as not to interfere with or hinder the progress or completion of The Work being performed by other Contractors. Contractors working on the same Project shall cooperate with each other. Each Contractor involved shall assume all liability, financial or otherwise, in connection with his Contract and shall protect and save harmless the Department from any and all damages or claims that may arise because of inconvenience, delay, or loss experienced by him because of the presence and operations of other Contractors working within the limits of the same Project. The Contractor shall arrange his work and shall place and dispose of the materials being used so as not to interfere with the operations of the other contractors within the limits of the same Project. He shall join his work with that of the others in an acceptable manner and shall perform it in proper sequence to that of the others. At the request of the Structure Contractor, the Engineer will designate an area within the right-of-way, adjacent to each structure, to be reserved for use by the Structure Contractor for Storage of Equipment and Materials necessary to construct the particular structure. So long as he occupies this area, the Structure Contractor shall be responsible for its maintenance. The Structure Contractor must relinquish this area, however, as it becomes practical to utilize completed portions of the structure. 105.08 Construction Stakes, Lines and Grades (Subsection 105.08 Omitted) 105.09 Authority and Duties of the Resident Engineer The Resident Engineer, regardless of his administrative title, is the Engineer designated by the Department to be the direct representative of the Chief Engineer. The Resident Engineer has immediate charge of the engineering details of each construction Project, and is responsible for the administration and construction of the Project. Such administration includes Section 105—Control of Work Page 4 the designation of subordinates to represent him and make routine decisions. The Resident Engineer has the authority to reject defective material and to suspend any work that is being improperly performed. 105.10 Duties of the Inspector Inspectors employed by the Department are authorized to inspect all work done and materials furnished. Such inspection may extend to all or any part of The Work and to the preparation, fabrication, or manufacture of the materials to be used. The Inspector will not be authorized to alter or waive the provisions of the Contract. The Inspector will not be authorized to issue instructions contrary to the Plans and Specifications or to act as foreman for the Contractor. 105.11 Inspection of the Work All materials and each part of the detail of The Work shall be subject to inspection by the Engineer. The Engineer shall be allowed access to all parts of The Work and shall be furnished with such information and assistance by the Contractor as is required to make a complete and detailed Inspection. Upon the Engineer’s request, the Contractor, at any time before acceptance of The Work, shall remove or uncover such portions of the finished work as may be directed. After examination, the Contractor shall restore said portions of The Work to the standard required by the Specifications. Should The Work thus exposed or examined prove acceptable, the uncovering or removing and the replacing of the covering or making good of the parts removed will be paid for as Extra Work; but should the work so exposed or examined prove unacceptable, the uncovering, or removing and the replacing of the covering or making good of the parts removed will be at the Contractor’s expense. Any work done or materials used without supervision or inspection by an authorized Department representative may be ordered removed and replaced at the Contractor’s expense, unless the Department representative failed to inspect after having been given reasonable notice in writing that The Work was to be performed. When any unit of government or political subdivision or any railroad corporation is to pay a portion of the cost of The Work covered by the Contract, its respective representatives shall have the right to inspect The Work. Such inspection shall in no sense make any unit of government or political subdivision or any railroad corporation a party to the Contract and shall in no way interfere with the rights of either party hereunder. 105.12 Removal of Unacceptable and Unauthorized Work All work that does not conform to the requirements of the Contract will be considered unacceptable unless otherwise determined acceptable under the provisions in Subsection 105.03. Unacceptable work, whether the result of poor workmanship, use of defective materials, damage through carelessness, or any other cause found to exist prior to the Final Acceptance of The Work, shall be removed immediately and replaced in an acceptable manner. Except as elsewhere noted, no work shall be done without lines and grades having been given by the Engineer. Work done contrary to the instructions of the Engineer, work done beyond the lines shown on the Plans or as given, except as herein specified, or any Extra Work done without authority will be considered as unauthorized and will not be paid for under the provisions of the Contract. Work so done may be ordered removed or replaced at the Contractor’s expense. Upon failure on the part of the Contractor to comply forthwith with any order of the Engineer made under the provisions of this section, the Engineer will have authority to cause unacceptable work to be remedied or removed and replaced and to cause unauthorized work to be removed, and to deduct the costs from any monies due or to become due the Contractor. 105.13 Claims for Adjustments and Disputes Whenever the Contractor believes that it is or will be entitled to additional compensation, whether due to delay, extra work, breach of contract, or other causes, the Contractor shall follow the procedures set forth in this Sub-Section. Section 105—Control of Work Page 5 A. Claims For Acceleration The Department shall have no liability for any constructive acceleration. If the Department gives express written direction for the Contractor to accelerate its effort, then both parties shall execute a Supplemental Agreement as provided in Subsection 104.03. B. Claims For Delay and All Other Claims Except Acceleration 1. The Department shall have no liability for damages beyond those items which are specifically payable under this Sub-Section. 2. The Department will be liable only for those delay damages caused by or arising from acts or omissions on the part of the Department which violate legal or contractual duties owed to the Contractor by the Department. The Contractor assumes the risk of damages from all other causes of delay. 3. The parties recognize that delays caused by or arising from right of way problems, defects in plans or design, redesign, changes in the Work by the Department, the actions of suppliers or other Contractors, the shop-drawing approval process, injunctions, court orders and other such events, forces or factors are commonly experienced in highway construction work. Such delays shall not constitute breaches of the Contract. However, such delays may constitute a basis for a claim for delay damages, if found to be in accordance with Subsection 105.13.B.2 above and other provisions of the Contract, and/or a request for a time extension. 4. The term "delay" shall be deemed to mean any event, action, force or factor which extends the Contractor's time of performance. This Subsection is intended to cover all such events, actions, forces or factors, whether they be styled "delay," "disruption," "interference," "impedance," "hindrance", "impact" or otherwise. 5. Compliance with the provisions of this Subsection will be an essential condition precedent to any recovery of damages by the Contractor. 6. The following items, and only the following items, may be recoverable by the Contractor as "damages: a. Additional direct hourly rates paid to employees for job site labor, including payroll taxes, welfare, insurance, benefits and all other labor burdens. b. Documented additional costs for materials. c. Additional equipment costs, as determined in accordance with this Sub-Section. d. Documented costs of extended job-site overhead. (Not applicable for claims other than delay claims.) e. An additional 15 percent of the total of Subsections 105.13.B.6. a, b, c and d, which sum includes home office overhead and profit. f. Bond costs. g. Subcontractor costs, as determined by, and limited to, those items identified as payable under Subsection 105.13.B.6. a, b, c, d, e, and f. 7. For purposes of computing additional equipment costs, rates used shall be based on the Contractor's actual experienced cost for each piece of equipment. These rates shall be supported by equipment cost records furnished by the Contractor. In no case will equipment rates be allowed in excess of those determined utilizing the "Rental Rate Blue Book," with the appropriate adjustments noted in Subsection 109.05. 8. The parties agree that, in any claim for damages, the Department will have no liability for the following items of damages or expense: Section 105—Control of Work Page 6 a. Profit, in excess of that provided herein. b. Loss of profit. c. Labor inefficiencies, except as allowed under Subsection 105.13.B.6.a. d. Home office overhead in excess of that provided herein. e. Consequential damages, including but not limited to loss of bonding capacity, loss of bidding opportunities and insolvency. f. Indirect costs or expenses of any nature. g. Attorneys fees, claims preparation expenses, or costs of litigation. h. Interest of any nature. 9. NOTICE OF POTENTIAL CLAIM: In any case in which the Contractor believes that it will be entitled to additional compensation, the Contractor shall notify the Engineer in writing of its intent to claim such additional compensation. Such notice shall be given in order that the Department can assess the situation, make an initial determination as to who is responsible, and institute appropriate changes or procedures to resolve the matter. a. Claims for Delay - The Department shall have no liability for any delay which occurred more than one week prior to the filing of such written notice. Failure of the Contractor to give such written notice in a timely fashion will be grounds for denial of the claim. b. All Other Claims Except Acceleration and Delay - If the Contractor does not file such written notice before beginning the work out of which such claim arises, then the Contractor hereby agrees that it shall have waived any additional compensation for that work and the Contractor shall have no claim thereto. 10. RECORDS: After filing a "Notice of Potential Claim", the Contractor shall keep daily records of all labor, material, and equipment costs incurred for operations affected. These daily records shall identify each operation affected and the specific locations where work is affected. The Department will also keep records of all labor, material, and equipment used on operations affected. At the time and place, as designated by the Engineer, on Monday, or the first work day, of each week following the date of filing a "Notice of Potential Claim", the Contractor shall meet with the Department's representative and present the daily records for the preceding week. If the Contractor's records indicate costs greater than those kept by the Department, the Department will present its records to the Contractor. The Contractor shall notify the Engineer in writing within three (3) work days of any inaccuracies noted in, or disagreements with, the Department's records. Refusal or repeated failure by the Contractor to attend these weekly meetings and present its records will constitute a waiver by the Contractor of any objections as to the accuracy of the Department's records. When the Contractor makes an objection as to the accuracy of the Department's records, the Engineer shall review the matter, and correct any inaccuracies he finds in the Department's records. For purposes of computing damages, the Department's records will control. In the event the Contractor wishes to contest the accuracy of the Department's records, it may file a petition pursuant to Rule 672-1-.05 of the Official Rules and Regulations of the Department of Transportation. The decision of the Engineer, or, if contested, the decision of the Agency, will be final and binding upon the parties as to any objections to the accuracy of the Department's records, subject to the Contractor's right to judicial review under O.C.G.A. Section 50-13-19. 11. On a weekly basis after filing a "Notice of Potential Claim" for delay damages, the Contractor shall prepare and submit to the Engineer written reports providing the following information: Section 105—Control of Work Page 7 a. Potential effect to the schedule caused by the delay. b. Identification of all operations that have been delayed, or are to be delayed. c. Explanation of how the Department's act or omission delayed each operation, and estimation of how much time is required to complete the project. d. Itemization of all extra costs being incurred, including: 1) An explanation as to how those extra costs relate to the delay and how they are being calculated and measured. 2) Identification of all project employees for whom costs are being compiled. 3) Identification of all manufacturer's numbers of all items of equipment for which costs are being compiled. C. Required Contents of Claims All claims shall be submitted in writing, and shall be sufficient in detail to enable the Engineer to ascertain the basis and the amount of each claim. The claim submission shall include six (6) copies. All information submitted to the Department under this Subsection will be used exclusively for analyzing the claim, resolving the claim or any litigation which might arise from the claim. At a minimum, the following information shall be provided: 1. A description of the operations that were delayed, the reasons for the delay, how they were delayed, including the report of all scheduling experts or other consultants, if any. (Not applicable for claims other than delay claims) 2. An as-built chart, CPM scheme or other diagram depicting in graphic form how the operations were adversely affected. (Not applicable for claims other than delay claims except where an extension of time is sought) 3. A detailed factual statement of the claim providing all necessary dates, locations and items of work affected by the claim. 4. The date on which actions resulting in the claim occurred or conditions resulting in the claim became evident. 5. A copy of the "Notice of Potential Claim" filed for the specific claim by the Contractor. 6. The name, function, and activity of each Department official, or employee, involved in, or knowledgeable about facts that gave rise to such claim. 7. The name, function, and activity of each Contractor or Subcontractor official, or employee, involved in, or knowledgeable about facts that gave rise to such claim. 8. The identification of any pertinent documents, and the substance of any material oral communication relating to such claim. 9. A statement as to whether the additional compensation or extension of time sought is based on the provisions of the Contract or an alleged breach of Contract. 10. The specific provisions of the Contract which support the claim, and a statement of the reasons why such provisions support the claim. 11. The amount of additional compensation sought and a break-down of that amount into the categories specified as payable under Subsection 105.13.B.6, above. 12. If an extension of time is also sought, the specific days for which it is sought and the basis for such request. Section 105—Control of Work Page 8 D. Required Certification of Claims When submitting the claim, the Contractor shall certify in writing, under oath in accordance with the formalities required by Georgia law, as to the following: 1. That the claim is made in good faith. 2. That supportive data are accurate and complete to the Contractor's best knowledge and belief that the amount of the claim accurately reflects what the Contractor in good faith believes to be the Department's liability. The Contractor shall use the CERTIFICATE OF CLAIM form, which can be obtained from the Department, in complying with these requirements. E. Auditing of Claims All claims filed against the Department shall be subject to audit at any time following the filing of such claim, whether or not such claim is part of a suit pending in the courts of this State. The audit may be performed by employees of the Department or by an independent auditor on behalf of the Department. The audit may begin on ten days notice to the Contractor, Subcontractor, or Supplier. The Contractor, Subcontractor, or Supplier shall make a good faith effort to cooperate with the auditors. Failure to cooperate with the auditor shall constitute a waiver by the Contractor of the claim in its entirety. Failure of the Contractor, Subcontractor, or Supplier to maintain and retain sufficient records to allow the Department's auditor to verify the claim shall constitute a waiver of that portion of such claim that cannot be verified and shall bar recovery thereunder. If the claim is part of a suit pending in a court of this state or if the claim becomes a part of a suit in a court of this state, the questions of whether the Contractor has cooperated with the auditor or failed to maintain and retain sufficient records to allow the auditor to verify the claim shall be questions for determination by the judge without the assistance of a jury. Without limiting the generality of the foregoing, and as a minimum, the auditors shall have available to them the following documents: 1. Daily time sheets and foreman's daily reports. 2. Project payroll register. 3. Profit and loss statements for the Project. 4. Payroll tax returns. 5. Material invoices, purchase orders, and all material and supply acquisition contracts for the Project. 6. Material cost distribution worksheet for the Project. 7. Equipment records (list of company equipment, rates, etc.) 8. Vendor rental agreements, and subcontractor invoices. 9. Subcontractor payment certificates. 10. Canceled checks (payroll and vendors) for the Project. 11. Job cost report for the Project. 12. Job payroll ledger for the Project. 13. General ledger, general journal, (if used) and all subsidiary ledgers and journals together with all supporting documentation pertinent to entries made in these ledgers and journals. Section 105—Control of Work Page 9 14. Cash Disbursements journal for the Project. 15. Certified financial statements for all years reflecting the operations on this project. 16. Depreciation records on all company equipment whether such records are maintained by the company involved, its accountant, or others. 17. If a source other than depreciation records is used to develop costs for the Contractor's internal purposes in establishing the actual cost of owning and operating equipment, all such other source documents. 18. All documents which relate to each and every claim together with all documents which support the amount of damages as to each claim. 19. Worksheets used to prepare the claim establishing the cost components for items of the claim including, but not limited to, labor, benefits and insurance, materials, equipment, subcontractors, and all documents which establish the time periods, individuals involved, the hours and the rates for the individuals. F. Mediation After compliance by the Contractor with parts B., C., D. and E. of Subsection 105.13 and if the Contractor's claim has been disallowed in whole or in part, then the Contractor may, within 30 calendar days from receipt of the ruling of the Engineer, make a written request to the Engineer that the claim or claims be referred to mediation. If requested in accordance with this specification, mediation shall be granted by the Department. In which case, within 30 days of receipt by the Department of the Contractor's request for mediation, the Contractor and the Department will meet to select a mediator. The mediator will then schedule the mediation at a place, time, and earliest date agreeable to the Contractor and the Department. The Contractor and the Department mutually agree that mediation shall be a condition precedent to the filing of any lawsuit concerning claims or alleged breaches of the Contract. The costs and expenses of the mediator, selected by mutual agreement of the parties, will be divided equally between the Department and the Contractor. Each party to the mediation shall bear its own costs of preparing for and participating in the mediation. G. Remedies Exclusive In the event any legal action is instituted against the Department by the Contractor on account of any claim for additional compensation, whether on account of delay, acceleration, breach of contract, claimed extra work, or otherwise, the Contractor agrees that the Department's liability will be limited to those items which are specifically identified as payable in this Sub-Section. 105.14 Maintenance During Construction The Contractor shall maintain the project during construction and until the Project is accepted. This maintenance shall constitute the continuous and effective work prosecuted day by day, with adequate equipment and forces to the end that all areas of the project are kept in satisfactory condition at all times. The Contractor’s area of responsibility for maintenance is confined to the physical construction limits plus any areas affected by the Contractor’s activities. Once maintenance acceptance or final acceptance has been made, the Contractor is no longer responsible for damage to The Work other than that attributable to the Contractor’s actions or inadequate construction. In case of separate contracts, each Contractor shall be responsible for any damage to the completed work of others caused by his actions or negligence. Where the work of one Contractor has been accepted by the Department, the Contractor performing subsequent work in the area shall be responsible for the maintenance and protection of all work previously completed. If separate bridge contracts are let within the limits of a Roadway Project and the Bridge Contractor completes his Contract before the Roadway Contractor, the Bridge Contract may be accepted and the Roadway Contractor will be responsible for maintenance of the new bridge until it is opened to traffic. If the Roadway Contractor hauls materials across the bridge the Section 105—Control of Work Page 10 Roadway Contractor shall protect the endposts, deck surface, deck edges, joints, and all other vulnerable features of the bridge by use of adequate timber or earth cushions as directed by the Engineer. The Roadway Contractor shall repair all damage caused by such use, including resealing of joints and rerubbing of finish at his own expense. All cost of maintenance work during construction and before the Project is accepted shall be included in the Unit Prices Bid on the various Pay Items and the Contractor will not be paid an additional amount for such work except as provided in Subsection 104.05.B. The Contractor shall not allow vegetative growth at any time to obstruct signs, delineation, traffic movements, or sight distance. The Contractor shall at intervals not to exceed six months, clean up and remove litter and debris; remove weeds from around guardrail, 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 termini and lateral limits. 105.15 Failure to Maintain Roadway or Structures If at any time, the Contractor fails to comply with the provisions of Subsection 105.14, the Engineer will immediately notify the Contractor of such noncompliance. If the Contractor fails to remedy the unsatisfactory maintenance within 48 hours after receipt of such notice, the Engineer may immediately proceed to maintain The Work, and the entire cost of this maintenance will be deducted from monies due or to become due the Contractor under the Contract. As an alternative to the Engineer’s maintaining the Work, all the Items and quantities of work done, but not properly maintained, may be deducted from the current progress estimate, even if such Items have been paid for in a previous estimate. 105.16 Final Inspection and Acceptance Upon due written notice from the Contractor of substantial completion of the entire Project, the Engineer will determine if the Project is ready for a Final Inspection. The Engineer will have the final decision on when the Project is substantially complete and thereby ready for a Final Inspection. If the Engineer finds the Project substantially complete the Engineer will schedule the Final Inspection. If all construction provided for and contemplated by the Contract is found completed to the Engineer’s satisfaction and all documents required in connection with the Project have been submitted by the Contractor, the Engineer will make the Final Acceptance and notify the Contractor in writing of this acceptance. If, however, the Final Inspection discloses any work, in whole or part, as being unsatisfactory, the Engineer will provide the Contractor with a written punch-list that includes the necessary instructions for correction of same. The punch-list will also include any remaining work to be completed and any final reports and other documentation required to be submitted by the Contractor. The Contractor shall immediately comply with and execute such instructions. When all construction provided for and contemplated by the Contract is found completed to the Engineer’s satisfaction, including submission of any required documentation, the Engineer will make the Final Acceptance and notify the Contractor in writing of this acceptance. When the Contractor has finished a major portion of the Contract, the Contractor may request that a semi-final inspection be made. At the discretion of the Engineer, who shall be sole judge as to making the inspection, if the work is satisfactory, as described in the first paragraph of this Section, that portion of the Contract may be accepted, opened to traffic, if not already carrying traffic, and the Contractor relieved of the maintenance obligations as described elsewhere in these Specifications. Such partial acceptance shall in no way relieve the Contractor of responsibility for satisfactory completion of the Contract, or for failure of any portion of the accepted work prior to Final Acceptance of the Project. CITY COUNCIL AGENDA ITEM TO: City Council DATE: July 27, 2021 FROM: AGENDA ITEM: Steven Krokoff, City Manager Approval of a Task Order for BM&K, P.C. to Provide Pre-Construction Services for the Birmingham Road Middle Bridge Design. MEETING DATE: Monday, August 2, 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 August 2, 2021 X X To: Honorable Mayor and City Council Members From: Sara Leaders, PE, Acting Public Works Director Date: Submitted on July 24, 2021 for the August 2, 2021 Regular City Council Meeting Agenda Item: Approval of a Task Order to Provide Pre-construction Services for the Birmingham Road Middle Bridge Design. _____________________________________________________________________________________ Project Description: The City of Milton issued a RFP for City Program Management Services including design, plan review and right of way acquisition services for infrastructure improvement projects. This task order is for pre-construction and right of way acquisition services for Birmingham Road Middle Bridge Project. The services to be provided under this task order are for concept validation with supplemental survey, design, plan review, right of way coordination, right of way acquisition, determination of value, negotiation, closing document preparation, and construction bid preparation. Procurement Summary: Purchasing method used: Task Order Related to Original RFP Account Number: 335-4101-541400009 Requisition Total: $50,000 Financial Review: Bernadette Harvill, July 27, 2021 Legal Review: Ken Jarrard, Jarrard & Davis, LLP – July 2, 2021 Attachment: Task Order to Provide Pre-construction Services for the Birmingham Middle Bridge Design MI LTON*k 15TMLISHID] TASK ORDER TO PROVIDE PRE -CONSTRUCTION SERVICES FOR THE BIRMINGHAM MIDDLE BRIDGE DESIGN THIS TASK ORDER between the parties is entered into pursuant to the Professional Services Agreement (RFQ #17-PW01), incorporated herein by reference, and shall serve as authorization by City of Milton to BM&K, P.C. (referred to herein alternately as "Consultant" and "BM&K") to perform the services described herein pursuant to the terms and conditions, mutual covenants and promises provided herein and in the Professional Services Agreement. NOW, THEREFORE, for and in consideration of the mutual promises, the public purposes, and the acknowledgements and agreements contained herein, and other good and adequate consideration, the sufficiency of which is hereby acknowledged, the Parties do mutually agree as follows: Description of Services: The City is requesting pre -construction and right of way acquisition services for the design of the Birmingham Road Middle Bridge Replacement Project. The services to be provided under this task order pertain to concept validation, construction plans and right of way. The concept validation will include securing a supplemental survey to update previous design files, an update to construction limits and concept layout, and preliminary right of way plans to begin pre- acquisition services. The basis for the concept validation will be the previous concept prepared by Moreland Altobelli Associates attached as Exhibit "A". The construction plan component of the services will involve preparing final construction plans and bid documents based on the validated concept layout. Right of way acquisition services shall include those services described in Exhibit "B". Timing: This as order will be completed by BM&K within 12 months of receiving notice fiom the City to proceed. Compensation: This task order shall not exceed $50,000.00 and the underlying rates for all services to be provided are based upon those rates set forth in the Professional Services Agreement. Att achments: Exhibit "A" Concept Report Exhibit "B" Scope of Services for Right of Way Acquisition Services Approved by City Council Mayor Approved as to form: City Attorney Date See following page for additional signatures 2006 Heritage Walk Milton, GA 30004 P: 678.242.2500 1 F: 678.242.2499 info@cityofmiltonga.us I www.cityofmilionga.us © O © O MI LTON*N ESTABLISHED Mph CITY OF MILTON: By: Name: Date: 2006 Heritage Walk Milton, GA 30004 P: 678.242.2500 � F: 678.242.2499 fnfoC�cltyofmiltonga.us � www.cllyofmiltonga.us Birmingham Road Bridge No.2 at Chicken Creek Tributary #8 Page 1 of 19 Moreland Altobelli Associates, Inc. Concept Report Birmingham Road Bridge 2 Tributary #8 of Chicken Creek City of Milton, Fulton County Georgia For: City of Milton Department of Public Works 13000 Deerfield Parkway Suite 107 Milton, Ga. 30004 Prepared By: Moreland Altobelli Associates, Inc. 327 Dahlonega Street, Suite 1401 Cumming, GA 30040 770-781-5531 Eric W. Brown, P.E. February 5, 2015 EXHIBIT "A" Birmingham Road Bridge No.2 at Chicken Creek Tributary #8 Page 2 of 19 Moreland Altobelli Associates, Inc. TABLE OF CONTENTS Introduction, drainage information, environmental information, existing bridge analysis, recommendations and crossing summary tables Page 2-4 Location and drainage basin map Page 5 Site survey (existing bridge) Page 6 FIRMette & FIS Profile Page 7-8 HEC-RAS information (Existing 100 year) Page 9-11 Alternative 1 bridge plan & hydraulic information (Future use 100 year) Page 12-15 Alternative 2 culvert plan & hydraulic information (Future use 100 year) Page 16-19 EXHIBITS Preliminary Plans • Existing conditions plan • Typical roadway section • Layout plan – alternative 1 • Layout plan – alternative 2 • Grading plan – alternative 1 • Grading plan – alternative 2 • Roadway profile – alternative 1 • Roadway profile – alternative 2 • Detour plan Cost estimates – alternatives 1, 2, 3 Geotechnical report Introduction The purpose of this report is to analyze the existing bridge hydraulics and to make recommendations for improvements at Birmingham Road over an unstudied portion of tributary 8 to Chicken Creek. Birmingham Road is a local collector road with no curb and gutter. The existing bridge to be replaced is located approximately 4,400 feet to the west of Hopewell Road. See page 5 for a location map and pages 7-8 for a FIRMette and FIS Profile. Three alternatives for the replacement of the existing bridge are considered in this report. The first alternative is to replace the existing bridge with a new PSC beam bridge structure. The second alternative is to replace the bridge with a multiple barrel box culvert. The third alternative is a core-slab bridge with MSE walls. A hydraulic evaluation, preliminary plans, and cost estimate will be performed for the first two alternatives and a preliminary cost estimate only for the third alternative. Drainage information A total of 514.2 acres drains to the existing bridge. The basin is partially developed with a mixture of medium density residential, pasture and wooded areas. The basin contains approximately 10% impervious area. A limited detail HEC-RAS flood model for the City of Milton was provided to MA. This model will serve as the basis for the hydraulic analysis for both alternatives. The 100 year existing peak flow at the bridge is 499.9 cfs and 606.3 cfs for the future use condition. See page 5 for the drainage basin map. Environmental information The proposed improvements will be subject to the Corps of Engineer permit review. The bridge alternative will have less impact on the existing stream channel. The project is considered maintenance of existing infrastructure. Stream mitigation and/or fees associated with mitigation will not be incurred because impacts to the existing stream will be less than 100 linear feet. Wetland impacts will be less than 0.1 acres. A stream buffer variance is not required for this project. Birmingham Road Bridge No.2 at Chicken Creek Tributary #8 Page 3 of 19 Moreland Altobelli Associates, Inc. Existing bridge analysis The existing bridge and roadway is overtopped during the 100 year storm event. The existing bridge does not have adequate capacity (flow area) to convey 100 year peak discharge. The HEC-RAS model indicates an overtopping depth of 4.4 feet at the low point of the road. The main cause for this is the elevation at King Lake causing a tailwater which is above the elevation of the road. The model is showing the lake ‘backing up” over the roadway. See page 9-11 for existing conditions data. Recommendations We recommend replacing the existing bridge with a triple 10’x10’ box culvert to be embedded 2’ to maintain the existing creek channel. The existing road will need to be raised 6’ feet at the deepest section to provide freeboard (prevent flooding of the roadway) for the major storm events. The raising of Birmingham Road will necessitate raising Manor Trace due to the proximity to the intersection. This will result in raising Manor Trace 465’ into the Hampton Manor Subdivision. The improvements and raising of both roads will ensure that both Birmingham Road and Manor Trace will not be overtopped during the storm events as modeled in HEC-RAS. Existing utilities at both Birmingham Road and Manor Trace will require relocation as a result of the proposed improvements. The project is located in an unstudied portion of a tributary to Chicken Creek. A base flood elevation has not been determined upstream of the project. A “no rise” scenario is provided in this analysis. An analysis of the 100 year future conditions storm event in the HEC-RAS model does not indicate overtopping of the proposed roadway in either the bridge or box culvert alternative. The box culvert alternative will be less expensive and can be installed in less time than the bridge alternatives. See the summary tables below for the proposed alternatives in the 100 year storm events. Refer to pages 12-19 for proposed conditions data. Table 1 - Summary of bridge replacement alternatives Alternative Estimated cost 1. 60’ PSC bridge $1,063,622. 2. (3) 10x10 box culvert $899,872. 3. 36’ Core-slab bridge $990,818. Table - Summary of 100 year data at Birmingham Road Crossing (Existing Cond.) Birmingham Rd Crossing 100 Year Peak Flow (cfs) 100 Year Headwater Elev. (ft.) Existing Roadway Low Point (ft.) Roadway Overtopping (ft.) Roadway Discharge (cfs) Existing concrete bridge 499.9 993.22 988.79 4.43 460 *606.3 993.36 988.79 4.57 562 *100 year future conditions peak flow from HEC-RAS model Birmingham Road Bridge No.2 at Chicken Creek Tributary #8 Page 4 of 19 Moreland Altobelli Associates, Inc. Table - Summary of 100 year data at Birmingham Road Crossing (Proposed Cond.) Birmingham Rd Crossing 100 Year Peak Flow (cfs) 100 Year Headwater Elev. (ft.) Proposed Roadway Low Point (ft.) Roadway Overtopping (ft.) Roadway Freeboard (ft) Proposed bridge 606.3* 993.51 994.0 0.0 0.49 Proposed box culvert 606.3* 993.52 994.0 0.0 0.48 *100 year future conditions peak flow from HEC-RAS model Birmingham Road Bridge No.2 at Chicken Creek Tributary #8 Page 5 of 19 Moreland Altobelli Associates, Inc. DRAINAGE BASIN MAP Birmingham Road Bridge No.2 at Chicken Creek Tributary #8 Page 6 of 19 Moreland Altobelli Associates, Inc. SITE SURVEY (Existing Bridge 2) Birmingham Road Bridge No.2 at Chicken Creek Tributary #8 Page 7 of 19 Moreland Altobelli Associates, Inc. FIRM Map Birmingham Road Bridge No.2 at Chicken Creek Tributary #8 Page 8 of 19 Moreland Altobelli Associates, Inc. FIS Profile (Flooding controlled by Chicken Creek/King Lake) Birmingham Rd (Beyond) Birmingham Road Bridge No.2 at Chicken Creek Tributary #8 Page 9 of 19 Moreland Altobelli Associates, Inc. EXISTING HEC-RAS INFORMATION (100YR) (1 of 3) Birmingham Road Bridge No.2 at Chicken Creek Tributary #8 Page 10 of 19 Moreland Altobelli Associates, Inc. EXISTING HEC-RAS INFORMATION (100YR) (2 of 3) Birmingham Road Bridge No.2 at Chicken Creek Tributary #8 Page 11 of 19 Moreland Altobelli Associates, Inc. EXISTING HEC-RAS INFORMATION (100YEAR) (3 of 3) Birmingham Road Bridge No.2 at Chicken Creek Tributary #8 Page 12 of 19 Moreland Altobelli Associates, Inc. ALTERNATIVE 1 (60’ PSC BRIDGE) Birmingham Road Bridge No.2 at Chicken Creek Tributary #8 Page 13 of 19 Moreland Altobelli Associates, Inc. HEC-RAS INFORMATION -100 YEAR ALT.1 - BRIDGE (1 of 3) Birmingham Road Bridge No.2 at Chicken Creek Tributary #8 Page 14 of 19 Moreland Altobelli Associates, Inc. HEC-RAS INFORMATION -100 YEAR ALT.1 - BRIDGE (2 of 3) Birmingham Road Bridge No.2 at Chicken Creek Tributary #8 Page 15 of 19 Moreland Altobelli Associates, Inc. HEC-RAS INFORMATION -100 YEAR ALT.1 - BRIDGE (3 of 3) Birmingham Road Bridge No.2 at Chicken Creek Tributary #8 Page 16 of 19 Moreland Altobelli Associates, Inc. ALTERNATIVE 2 (3) 10x10 BOX CULVERT) Birmingham Road Bridge No.2 at Chicken Creek Tributary #8 Page 17 of 19 Moreland Altobelli Associates, Inc. HEC-RAS INFORMATION -100 YEAR ALT. 2 - (3) 10x10 BOX CULVERT) (1 of 3) Birmingham Road Bridge No.2 at Chicken Creek Tributary #8 Page 18 of 19 Moreland Altobelli Associates, Inc. HEC-RAS INFORMATION -100 YEAR ALT. 2 - (3) 10x10 BOX CULVERT) (2 of 3) Birmingham Road Bridge No.2 at Chicken Creek Tributary #8 Page 19 of 19 Moreland Altobelli Associates, Inc. HEC-RAS INFORMATION -100 YEAR ALT. 2 - (3) 10x10 BOX CULVERT) (3 of 3) Page is too large to OCR. Page is too large to OCR. Page is too large to OCR. Page is too large to OCR. Page is too large to OCR. Page is too large to OCR. Page is too large to OCR. Page is too large to OCR. Page is too large to OCR. City of Milton - Birmingham Road ITEM CODE DESCRIPTION OF ITEM QUANTITY UNIT UNIT PRICE TOTAL COSTS General Temporary Construction Easement 55288 SF 0.60 $ 33,172.80 General Permanent Drainage Easement 10557 SF 1.20 $ 12,668.40 150-1000 Traffic Control 1 LS 25,000.00 $ 25,000.00 163-0232 Temporary Grassing 1 AC 1,000.00 $ 1,000.00 163-0300 Construction Exit 1 EA 1,500.00 $ 1,500.00 171-0030 Construct, maintain, remove temporary silt fence, TP C 1100 LF 4.00 $ 4,400.00 206-0002 Borrow Excavation, Include Material 5200 CY 10.00 $ 52,000.00 210-0100 Grading Complete 1 LS 150,000.00 $ 150,000.00 310-5080 Graded Aggregate Base 1000 TON 20.00 $ 20,000.00 402-1812 Recycled Asph Conc Leveling, Incl Bitum & Lim 340 TON 90.00 $ 30,600.00 402-3103 9.5 mm Asphalt Superpave, TP 2, GP 2 270 TON 90.00 $ 24,300.00 402-3190 19 mm Asphalt Superpave, Incl Bitum 220 TON 80.00 $ 17,600.00 413-1000 Bituminous Tack Coat 350 GAL 4.00 $ 1,400.00 432-5010 Mill Asph Conc Pvmt, Variable Depth 170 SY 5.00 $ 850.00 433-1000 Reinf Conc Approach Slab 200 SY 250.00 $ 50,000.00 441-0104 Concrete Sidewalk, 4"450 SY 30.00 $ 13,500.00 441-0106 Concrete Sidewalk, 6"90 SY 40.00 $ 3,600.00 441-0303 Concrete Spillway, TP 4 2 EA 1,750.00 $ 3,500.00 500-0100 Grooved Concrete 203 SY 12.00 $ 2,436.00 500-1006 Superstr Concrete, CL AA 75 EA 1,100.00 $ 82,500.00 500-2100 Concrete barrier 108 LF 72.00 $ 7,776.00 500-3800 Class A Concrete, incl reinf steel (bridge)31 CY 1,400.00 $ 43,400.00 500-3800 Class A Concrete, incl reinf steel (ret. wall)22 CY 1,400.00 $ 30,800.00 507-9003 PSC concrete beams, aashto type III 291 LF 180.00 $ 52,380.00 511-1000 Bar Reinf Steel 3642 LB 1.20 $ 4,370.40 511-3000 Superstr Reinf Steel 18348 LB 1.20 $ 22,017.60 520-1125 Piling In Place, Steel H, HP 12X53 382 LF 72.00 $ 27,504.00 540-1102 Removal of Existing Bridge 1LS 15,000.00 $ 15,000.00 550-1240 Storm Drainage 1LS 30,000.00 $ 30,000.00 603-2024 Stone Dumped Rip Rap, TP 1, 24"324 SY 41.08 $ 13,309.92 603-2180 Stone Dumped Rip Rap, TP 3, 12"500 SY 50.00 $ 25,000.00 603-7000 Plastic Filter Fabric, TP 3 824 SY 3.22 $ 2,653.28 634-1200 Right of Way Markers 12 EA 98.78 $ 1,185.36 636-1020 Highway Sign, TP1 12 SF 14.58 $ 174.96 636-2070 Galvanized Steel Posts, TP 7 48 LF 15.00 $ 720.00 636-5010 Delineator, TP 1 14 EA 20.00 $ 280.00 641-1100 Guardrail, T Beam 108 LF 55.00 $ 5,940.00 641-1200 Guardrail, W Beam 566 LF 25.00 $ 14,150.00 641-5001 Anchors TP 1 2 EA 1,500.00 $ 3,000.00 641-5012 Anchors TP 12 2 EA 3,000.00 $ 6,000.00 653-1501 Thermoplastic Solid St 5 inch White 500 LF 3.00 $ 1,500.00 653-1502 Thermoplastic Solid St 5 inch Yellow 500 LF 3.00 $ 1,500.00 657-1085 Preformed Solid 8", White/Black Contrast 254 LF 5.50 $ 1,397.00 657-2085 Preformed Solid 8", Yellow/Black Contrast 254 LF 5.50 $ 1,397.00 654-1001 Raised Pvmt Markers, TP 1 50 EA 4.12 $ 206.00 670-1100 Watermain, 8" - relocate 450 LF 50.00 $ 22,500.00 670-1100 Watermain, 10" - relocate 200 LF 55.00 $ 11,000.00 670-2080 Gate valve, 8" 2 EA 2,000.00 $ 4,000.00 670-2100 Gate valve, 10" 2 EA 2,500.00 $ 5,000.00 670-9710 Relocate existing hydrant 3 EA 2,500.00 $ 7,500.00 700-0200 Grassing Complete 1 LS 2,000.00 $ 2,000.00 700-9300 Landscaping; Replace entrance monument 1 LS 30,000.00 $ 30,000.00 716-2000 Erosion Control Mats 400 SY 3.00 $ 1,200.00 $ 924,888.72 $ 138,733.31 $ 1,063,622.03 Birmingham Rd #2 - 60' PSC Bridge SUBTOTAL COST => 15% TOTAL COST => PRELIMINARY COST ESTIMATE Bridge 2 - Item.xlsx 1 OF 1 2/5/2015 City of Milton - Birmingham Road ITEM CODE DESCRIPTION OF ITEM QUANTITY UNIT UNIT PRICE TOTAL COSTS General Temporary Construction Easement 55288 SF 0.60 $ 33,172.80 General Permanent Drainage Easement 10557 SF 1.20 $ 12,668.40 150-1000 Traffic Control 1 LS 25,000.00 $ 25,000.00 163-0232 Temporary Grassing 1AC 1,000.00 $ 1,000.00 163-0300 Construction Exit 1EA 1,500.00 $ 1,500.00 171-0030 Construct, maintain, remove temporary silt fence, TP C 1100 LF 4.00 $ 4,400.00 206-0002 Borrow Excavation, Include Material 5200 CY 10.00 $ 52,000.00 210-0100 Grading Complete 1LS 150,000.00 $ 150,000.00 310-5080 Graded Aggregate Base 1200 TON 20.00 $ 24,000.00 402-1812 Recycled Asph Conc Leveling, Incl Bitum & Lime 350 TON 90.00 $ 31,500.00 402-3103 9.5 mm Asphalt Superpave, TP 2, GP 2 300 TON 90.00 $ 27,000.00 402-3190 19 mm Asphalt Superpave, Incl Bitum 250 TON 80.00 $ 20,000.00 413-1000 Bituminous Tack Coat 400 GAL 4.00 $ 1,600.00 432-5010 Mill Asph Conc Pvmt, Variable Depth 170 SY 5.00 $ 850.00 540-1102 Removal of Existing Bridge 1LS 15,000.00 $ 15,000.00 550-1240 Storm Drainage 1LS 30,000.00 $ 30,000.00 603-2024 Stone Dumped Rip Rap, TP 1, 24"300 SY 41.08 $ 12,324.00 603-7000 Plastic Filter Fabric, TP 3 300 SY 3.22 $ 966.00 634-1200 Right of Way Markers 12 EA 98.78 $ 1,185.36 636-1020 Highway Sign, TP1 12 SF 14.58 $ 174.96 636-2070 Galvanized Steel Posts, TP 7 48 LF 15.00 $ 720.00 636-5010 Delineator, TP 1 14 EA 20.00 $ 280.00 641-1200 Guardrail, W Beam 566 LF 25.00 $ 14,150.00 641-5001 Anchors TP 1 2EA 1,500.00 $ 3,000.00 641-5012 Anchors TP 12 2EA 3,000.00 $ 6,000.00 653-1501 Thermoplastic Solid St 5 inch White 500 LF 3.00 $ 1,500.00 653-1502 Thermoplastic Solid St 5 inch Yellow 1300 LF 3.00 $ 3,900.00 654-1001 Raised Pvmt Markers, TP 1 50 EA 4.12 $ 206.00 670-1100 Watermain, 8" - relocate 450 LF 50.00 $ 22,500.00 670-1100 Watermain, 10" - relocate 200 LF 55.00 $ 11,000.00 670-2080 Gate valve, 8" 2 EA 2,000.00 $ 4,000.00 670-2100 Gate valve, 10" 2 EA 2,500.00 $ 5,000.00 670-9710 Relocate existing hydrant 3 EA 2,500.00 $ 7,500.00 700-0200 Grassing Complete 1LS 2,000.00 $ 2,000.00 700-9300 Landscaping: Replace entrance monument 1LS 30,000.00 $ 30,000.00 716-2000 Erosion Control Mats 400 SY 3.00 $ 1,200.00 Reinforced Concrete Box Triple 10x10 - precast 150 LF 1,200.00 $ 180,000.00 REINFORCED CONCRETE PARAPET/HEADWALL 85 LF $ 200.00 $ 17,000.00 REINFORCED CONCRETE WINGWALLS 50 CY $ 300.00 $ 15,000.00 FND BACKFILL MATERIAL, TYPE II 220 CY $ 60.00 $ 13,200.00 $ 782,497.52 $ 117,374.63 $ 899,872.15 Birmingham Rd #2 - (3) 10'x10' Precast Box Culvert SUBTOTAL COST => 15% CONTINGENCY= TOTAL COST => PRELIMINARY COST ESTIMATE Culvert 2 - Item.xlsx 1 OF 1 2/5/2015 City of Milton - Birmingham Road PRELIMINARY COST ESTIMATE ITEM CODE DESCRIPTION OF ITEM QUANTITY UNIT UNIT PRICE TOTAL COSTS General Temporary Construction Easement 55288 SF 0.60 $ 33,172.80 General Permanent Drainage Easement 10557 SF 1.20 $ 12,668.40 150-1000 Traffic Control 1 LS 25,000.00 $ 25,000.00 163-0232 Temporary Grassing 1AC 1,000.00 $ 1,000.00 163-0300 Construction Exit 1EA 1,500.00 $ 1,500.00 171-0030 Construct, maintain, remove temporary silt fence, TP C 1100 LF 4.00 $ 4,400.00 206-0002 Borrow Excavation, Include Material 5200 CY 10.00 $ 52,000.00 210-0100 Grading Complete 1 LS ########## $ 150,000.00 310-5080 Graded Aggregate Base 1000 TON 20.00 $ 20,000.00 402-1812 Recycled Asph Conc Leveling, Incl Bitum & Lim 340 TON 90.00 $ 30,600.00 402-3103 9.5 mm Asphalt Superpave, TP 2, GP 2 270 TON 90.00 $ 24,300.00 402-3190 19 mm Asphalt Superpave, Incl Bitum 220 TON 80.00 $ 17,600.00 413-1000 Bituminous Tack Coat 350 GAL 4.00 $ 1,400.00 432-5010 Mill Asph Conc Pvmt, Variable Depth 170 SY 5.00 $ 850.00 433-1000 Reinf Conc Approach Slab 200 SY 250.00 $ 50,000.00 441-0104 Concrete Sidewalk, 4"450 SY 30.00 $ 13,500.00 441-0106 Concrete Sidewalk, 6"90 SY 40.00 $ 3,600.00 441-0303 Concrete Spillway, TP 4 2EA 1,750.00 $ 3,500.00 ***CORE SLAB BRIDGE 1500 SF 110.00 $ 165,000.00 ***MSE RETAINING WALL 1800 SF 25.00 $ 45,000.00 540-1102 Removal of Existing Bridge 1LS 15,000.00 $ 15,000.00 550-1240 Storm Drainage 1LS 30,000.00 $ 30,000.00 603-2024 Stone Dumped Rip Rap, TP 1, 24"324 SY 41.08 $ 13,309.92 603-2180 Stone Dumped Rip Rap, TP 3, 12"500 SY 50.00 $ 25,000.00 603-7000 Plastic Filter Fabric, TP 3 824 SY 3.22 $ 2,653.28 634-1200 Right of Way Markers 12 EA 98.78 $ 1,185.36 636-1020 Highway Sign, TP1 12 SF 14.58 $ 174.96 636-2070 Galvanized Steel Posts, TP 7 48 LF 15.00 $ 720.00 636-5010 Delineator, TP 1 14 EA 20.00 $ 280.00 641-1100 Guardrail, T Beam 108 LF 55.00 $ 5,940.00 641-1200 Guardrail, W Beam 566 LF 25.00 $ 14,150.00 641-5001 Anchors TP 1 2EA 1,500.00 $ 3,000.00 641-5012 Anchors TP 12 2EA 3,000.00 $ 6,000.00 653-1501 Thermoplastic Solid St 5 inch White 500 LF 3.00 $ 1,500.00 653-1502 Thermoplastic Solid St 5 inch Yellow 500 LF 3.00 $ 1,500.00 657-1085 Preformed Solid 8", White/Black Contrast 254 LF 5.50 $ 1,397.00 657-2085 Preformed Solid 8", Yellow/Black Contrast 254 LF 5.50 $ 1,397.00 654-1001 Raised Pvmt Markers, TP 1 20 EA 4.12 $ 82.40 670-1100 Watermain, 8" - relocate 450 LF 50.00 $ 22,500.00 670-1100 Watermain, 10" - relocate 200 LF 55.00 $ 11,000.00 670-2080 Gate valve, 8" 2 EA 2,000.00 $ 4,000.00 670-2100 Gate valve, 10" 2 EA 2,500.00 $ 5,000.00 670-9710 Relocate existing hydrant 3 EA 2,500.00 $ 7,500.00 700-0200 Grassing Complete 1LS 2,000.00 $ 2,000.00 700-9300 Landscaping; Replace entrance monument 1LS 30,000.00 $ 30,000.00 716-2000 Erosion Control Mats 400 SY 3.00 $ 1,200.00 $ 861,581.12 $ 129,237.17 $ 990,818.29 Birmingham Rd #2 - 36' Core-slab Bridge SUBTOTAL COST => 15% CONTINGENCY= TOTAL COST => Bridge 2_CORE SLAB.xlsx 1 OF 1 2/5/2015 _MorelandAltobelliAssociates,Inc 2211 Bem er Ruin Road, Suite 190 • Noi4cross, Georgia 30071 • 7701263-5945 • Fax: 7701263-0166 • n7cr@niac i.net Thomas D. Moreland, PE Buddy Gratton, PE Vickie E. Moreland George M. Byrd, PE J. Holly Moreland NA Chairman/CEO President Executive Vice President/CFO Senior Vice President Vice President Richard C. BOUllaln, PE Henry E. Collins, Jr. Bradley M. Hale, PE Albert J. Joyner, Jr. L.N. Manchi, PE Joe McGrew, PE Vice President Vice President Vice President Vice President Vice President Vice President CULVERT FOUNDATION INVESTIGATION REPORT Birmingham Road, Milton, GA MAAI Project No. 14G104 (January 20, 2015) Project Information This report summarizes the results of geotechnical investigation performed for three proposed culverts along Birmingham Road in city of Milton, which are identified as Culvert #1 (1184-259-023), Culvert #2 (1184-259-024) and Culvert #3 (1184-259-025) (see attached Location Map). Field Investigation The field investigation consisted of performing two (2) Standard Penetration Test (SPT) borings at each proposed culvert location. SPT values were taken every 2.5 or 5 feet to the termination depths, groundwater level was measured prior to backfilling the borehole. Boring locations were indicated on the attached boring location map, subsurface soil properties and field SPT test results were summarized in the attached boring logs. It should be noted that ground elevation at each boring was arbitrarily set to 1000 feet in boring log, which is not the actual elevation, they must be verified during the construction. Culvert Foundation Recommendations The boring data indicate that loose clayey sand or sandy silt were encountered at proposed elevation of bottom of culvert #1, we recommend undercutting a minimum of 3 feet beneath the proposed bottom of culvert and replacing with GDOT Type II Foundation Backfill or equivalent. A layer of 12 -inch Type II Foundation Backfill material is also recommended to be placed at bottom for culvert #2 and #3. We recommend following soil parameters to be used in culvert design: Soil unit weight, y = 115 pcf Internal friction angle, Allowable Bearing capacity, q = 2000 psf Reported by Geotechnical Engineer Recycled Paper Engineering, Plamiing, Architecture, Land Acquisition, Surveying, Geotechuical, Environmental No Text cv z vi w Qqqt LO O' r CQ N � co J aow PQ vi O dam U N I Q �O� zr o Q � J W O E+ 0 E+ Moreland Altobelli TVA Associates, Inc. Boring B-1: Bent 1 Left 2211 Beaver Ruin Road, STE 190 Norcross, GA 30071 (Page 1 of 1) Birmingham Road Culvert, Milton, GA DATE COMPLETED :11/25/2014 SURFACE ELE. :1000 1184-259-023 HOLE DIAMETER : 5.5 inch DEPTH OF BORING :38' MA JOB NO, 14G104 DRILLING METHOD : CME 550 2.25" HSA w/ SPT DEPTH TO WATER 16' DRILLER : Environmental Exploration Inc. LOGGED BY :SBE Culvert #1 Sample Condition Sampler Type ® Remoulded SS Split Spoon ® Undisturbed ST Shelby Tube a) M Lost PS Piston Sampler 2 ta) C: Surf. U _ ® Rock Core DC Diamond Core Bar. o N Value Gra h p a) OR Elev. � n Z n a D) 0 1000 j DESCRIPTION m so 100 U) U)o 0 1000 Light brown clayey silt 2 998 3-3-2 5 SS 4--996 2-1-1 SS 2 6-994 1-2-2 4 SS ML 8--992 2-2-3 5 SS 10-990 12--988 14 986 1-2-1 SS 3 Grey clayey sand with gravel 16 9aa SC 18 982 1-2-1 3 SS 20-980 Grey gravely sand 22--978 SP 24--976 2-3-4 SS 7 Partially weathered rock with red clay 26--974 s 28--972 " 8-20-50/5" 100 SS 30-970 SP s 32--968 34--966 36--964 i 38--962 Auger refused @ 38 feet BGS 9 40 s6o J ' 42 Moreland Altobelli TVA Associates, Inc. Boring B-2: Bent 2 Right 2211 Beaver Ruin Road, STE 190 Norcross, GA 30071 (Page 1 of 1) Birmingham Road Culvert, Milton, GA DATE COMPLETED :11/25/2014 SURFACE ELE. :1000 1184-259-023 HOLE DIAMETER : 5.5 inch DEPTH OF BORING :40 MA JOB NO. 14G104 DRILLING METHOD : CME 550 2.25" HSA w/ SPT DEPTH TO WATER :18' DRILLER : Environmental Exploration Inc. LOGGED BY : SBE Culvert #1 Sample Condition Sampler Type ® Remoulded SS Split Spoon ® Undisturbed ST Shelby Tube a Lost PS Piston Sampler CL F a) > U o Ca N Value ' J C: Surf. _ ® Rock Core DC Diamond Core Bar. Graph a) a) Elev. � Z p Q 0 1000 ? DESCRIPTION m 0 50 100 g 0 1000 Brown sandy silt 2 888 5-2-1 3 SS 4--996 ML 4-3-4 SS 7 6--994 3-3-5 8 SS 8--992 Grey gravely sand 8-5-3 8 SS 10 990 12 988 14 ses SP 2-2-1 SS 3 16 984 18-982 1-1-2 3 SS 20-980 Grey gravely silty sand 22--978 SP 24--976 1-2-3 SS 5 Tan sandy silt 26 s7a s 28--972 n 3-5-4 9 SS 30-970 7 A 32--968 ML s 34--966 3-3-2 5 SS i " 36--964 i 38--962 5-3-5 8 SS 40-960 Boring terminated @ 40 feet BGS V 42 n .,J LO Q rn '. 00 00 CQ rm o� � 00 a ��r 0 J ao� w m f3 cm O caro CQ Q iao �z� Z Q J w O N 0 o \ N N Moreland Altobelli TVA Associates, Inc. Boring B-3: Bent 1 Left 2211 Beaver Ruin Road, STE 190 Norcross, GA 30071 (Pagel of 1) Birmingham Road Culvert, Milton, GA DATE COMPLETED :11125/2014 SURFACE ELE. : 1000 1184-259-024 HOLE DIAMETER : 5.5 inch DEPTH OF BORING :401 MA JOB NO, 14G104 DRILLING METHOD : CME 550 2.25" HSA w/ SPT DEPTH TO WATER :8' DRILLER : Environmental Exploration Inc. LOGGED BY :SBE Culvert #2 Sample Condition Sampler Type ® Remoulded SS Split Spoon ® Undisturbed ST Shelby Tube a) a Lost PS Piston Sampler = a) u U m N Value o a) c Surf. _ ® Rock Core DC Diamond Core Bar. o Graph p a) a) Elev. U 3 N E E n 0 1000 = DESCRIPTION in M 0 50 too cin ! 0-1000 Red/brown clayey silt 2 998 3-3-3 6 SS 4--996 2.1.2 SS 3 ML 6--994 1-2-1 3 SS 8--992 2 2-1-1 SS 10 990 Brown micacious sandy silt 2--988 ML 14-986 4-2-3 SS 5 Grey brown micacious clayey sand 16 s84 18 982 1-4-5 9 SS 20-980 SC 22--978 24--976 5-3-2 SS 5 Tan/grey micaceous silty sand 26--974 i SM 28--972 n 2-3-3 6 SS 30-970 Partially weathered rock 32--968 s 34--966 26-34-23 SS 57 SP r 36--964 38--962 2-4-20 24 SS 40 960 Boring terminated @ 40 feet BGS V 42 NAMoreland Altobelli Associates, Inc. 2211 Beaver Ruin Road, STE 190 Boring B-4: Bent 2 Right Norcross, GA 30071 (Page 1 of 1) Birmingham Road Culvert, Milton, GA DATE COMPLETED :11/25/2014 SURFACE ELE. :1000 1184-259-024 HOLE DIAMETER :5.5 inch DEPTH OF BORING :401 MA JOB NO, 14G104 DRILLING METHOD : CME 550 2.25" HSA w/ SPT DEPTH TO WATER :12.51 Culvert #2 DRILLER : Environmental Exploration Inc. LOGGED BY SBE a) 32 968 L LL c Surf. s Elev. m ai 1000 0 2 998 4--996 6--994 8--992 0-990 2--988 4--986 6--984 18 982 20-980 : Sample Condition Sampler Type ® Remoulded SS Split Spoon ® Undisturbed ST Shelby Tube Q U Lost PS Piston Sampler m N Value ~ o ami _ ® Rock Core DC Diamond Core Bar. Z Graph a`) a) J DESCRIPTION m � o eo 100 cin Red/brown clayey silt 4-2-35 SS 4-2-3 5 SS ML 3-2-3 5 SS 117 2-1-2 3 SS Brown sandy silt with gravels ML 22 978 24--976 26--974 Tan/grey sandy silty clay with gravels 28--972 30-970 SC 32 968 34--966 36--964 38--962 40-960 42 Partially weathered rock Boring terminated @ 40 feet BGS 448 12 I i I SS 32-20-35 55 � I SS 23-50/4" I 100 i i bl SS M 0 z W � Q U Z I o z � Q 0 O Q �N ul o =LO U'UN z ? I 00 E" O -� M m� F U W O a Moreland Altobelli TVA Associates, Inc. Boring M: Bent 1 Left 2211 Beaver Ruin Road, STE 190 Norcross, GA 30071 (Pagel of 1) Birmingham Road Culvert, Milton, GA DATE COMPLETED :11/25/2014 SURFACE ELE. :1000 1184-259-025 HOLE DIAMETER : 5.5 inch DEPTH OF BORING :38.5' MA JOB NO, 14G104 DRILLING METHOD : CME 550 2.25" HSA w/ SPT DEPTH TO WATER :15' DRILLER : Environmental Exploration Inc. LOGGED BY : SBE Culvert #3 Sample Condition Sampler Type ® Remoulded SS Split Spoon ® Undisturbed ST Shelby Tube ami Lost PS Piston Sampler :3 Q Ta) > LL C Surf. U _ ® Rock Core DC Diamond Core Bar. o N Valueo Gra h a`) W Elev. U 3 1= p E n 0 1000 j DESCRIPTION 0 50 100 in Ca in U) 0-1000 Red/brown clayey sand 2 998 6-4-4 8 SS SC 4--996 4-4-4 SS 8 Tan clayey silt with gravel 6--994 2-2-2 4 SS ML 8--992 5-3-7 10 SS 10 990 Brown clayey silt 12 988 14-986 2-3-6 SS 9 ML 16-984 18-982 5-7-6 13 SS 20-980 Weathered rock with red silty clay 22--978 24--976 5-5-3 SS 8 CL 26--974 i 28--972 n 4-3-7 10 SS 30-970 Partially weathered rock 32--968 34 966SP 3-50/5" SS 55 S i 36--964 i 38 962 50/1" 100 SS 7 Auger refused @ 38.5 feet BGS 40-960 V V ' 42 Moreland Altobelli N/A Associates, Inc. 2211 Beaver Ruin Road, STE 190 Boring B-6: Bent 2 Right Norcross, GA 30071 (Page 1 of 1) Birmingham Road Culvert, Milton, GA DATE COMPLETED :11/25/2014 SURFACE ELE. : 1000 1184-259-025 HOLE DIAMETER : 5.5 inch DEPTH OF BORING :385 MA JOB NO, 14G104 DRILLING METHOD : CME 550 2.25" HSA w/ SPT DEPTH TO WATER :15' Culvert #3 DRILLER : Environmental Exploration Inc. SBE ro u_ L E Surf, Elev. 36 ssa Q1000 0 � 1000 2 998 4 99s 6--994 8--992 0-990 12-988 4--986 16-984 18 982 20-980 22--+978 24 976 26 974 28?8j 972 2-6 4+ 96 3 36 ssa z 38--962 n N 40 960 h Y LOGGED BY : Sample Condition Sampler Type ® Remoulded SS Split Spoon ® Undisturbed ST Shelby Tube a Lost PS Piston Sampler > Value U N Vue ~ =F Rock Core DC Diamond Core Bar. o CL Z Graph (D (1) o CL CL DESCRIPTION m co o so 100 U) � �° Red/brown clayey sandy silt 6-5-2 7 SS ML 2-3-4 7 SS 4-3-5 8 SS Red clayey silt with sand ML 2-4-5 9 SS Brown silty sand SM 2-1-2 3 SS Tan/brown clayey sand with gravels 10-9-12 21 SS CL 50/3" 100 SS - Auger refused at 27 feet EXHIBIT “B” SCOPE OF SERVICES FOR RIGHT OF WAY ACQUISITION SERVICES General Conditions: A. The consultant shall attend periodic meetings with the city regarding the status of the right of way acquisition tasks. B. The performance of all right of way services will be in full compliance with Title 49 Code of Federal Regulations, Part 24, Title 23 Code of Federal Regulations, Part 710, the Federal Uniform Act, all State Laws addressed in Georgia Code 22 and 32, and in accordance with the GDOT’s Right of Way Manual of policies and procedures. C. Fees for acquisition/negotiation to be determined from rates in agreement and based on type of interest in property. D. Fees for valuation to be determined from rates in agreement and based on level agreed upon by the city. Pre-Acquisition Any pre-acquisition activities shall be in conformance with Federal regulations. Services may include, but are not limited to the following: Coordination services A. This includes all pre-acquisition and acquisition coordination with the city B. Coordination may include but not limited to review plans, coordinate plan revisions, review titles, attend meetings, prepare property management forms, prepare status reports, meet with appraisers to ride project, assign appraisals and monitor appraisals Determination of Value A. Prepare a detailed right of way cost estimate in spreadsheet format to be submitted to city B. Provide Project Inspection Checklist with recommendations on level of appraisal for each parcel C. City will make determination of actual level of appraisal for each parcel a. Appraisal services determine market value of the unencumbered fee simple interest, easements and any other interests in the part taken plus any consequential damages, offset to the extent of special benefits in accordance with State law. The services to be performed by the consultant may include Self Contained Appraisals at levels to be determined by the city. The appraisals shall be prepared in conformance with Federal regulations. Individual appraisal reports shall be provided on the GDOT approved appraisal format. Additionally, the appraisals will be prepared in conformance with the Uniform Standards of Professional Appraisal Practice (USPAP) and in accordance with the Code of Ethics of the Appraisal Institute. D. Some parcels may require additional reports to determine costs to cure for items such as septic systems, parking, and trade fixtures. The fees for these additional reports will be included as determined by the City at the rates that are part of the agreement. Coordination of Title Services and Reports A. Consultant will coordinate with City Attorney for title services. Consultant will provide all applicable project and parcel information and request for updates to title as needed. City Attorney will provide the actual title services and reports. Schedule and Conduct Right of Way Property Owners Meeting A. In coordination with city if required Negotiation: Negotiation services are for the acquisition of right of way and easements. The services to be performed by the Consultant at the rates in the agreement for type of interest and includes, but is not limited to the following: Negotiation Package A. Upon receipt of approved appraisals or cost estimate from the City, the Consultant shall prepare negotiation packages for owners to include the following: 1. Brochure entitled “What Happens When Your Property Is Needed for a Transportation Facility” 2. Receipt for Brochure 3. Offer Letter 4. Option & Plats 5. Statement of Estimated Values 6. Letter of Availability of Incidental Payments 7. Copies of plans with right-of-way and easements highlighted Negotiation Activity A. The Consultant should make all offers to purchase the required right of way and/or easements along with any other required payments to owners, tenants, or other parties having an approved monetary interest. All offers and benefits will be explained in detail and negotiation activities will be conducted in accordance with federal guidelines. Negotiation Activity shall include the following: 1. All owners should be contacted in person, if possible, at a time and place convenient to the owner. There shall be a sufficient number of personal contacts with each owner, in an attempt to secure a property settlement through negotiations, unless it is clearly apparent that continued negotiations would be unproductive. 2. The Consultant shall provide and explain to owners appropriate right of way plan sheet(s), cross-sections, driveway profiles and other construction information as requested by owners. 3. The Consultant will NOT provide owners with Appraisals under any circumstance, unless City gives permission. 4. Review and confirm with owner the accuracy of all information stipulated in the Preliminary Title Report. 5. If a settlement is reached at the offer amount, the Consultant will submit an option to the City for approval. If a counter offer is submitted by a property owner, Consultant will provide the necessary written justification for all approved settlements to designated official with the City. Under no circumstances will the Consultant have the authority to accept a settlement on behalf of the City, either monetarily or contractually. 6. Once an approved Option is obtained, Consultants must submit approved option along with all required supporting documentation to the City. 7. If a negotiated settlement cannot be reached, the Consultant shall turn the file over to the City for further action. B. The Consultant shall prepare and maintain a legible negotiation record on each property interest on which negotiation was attempted. The record should include the following: 1. Dates of negotiation or contact 2. Place of contact 3. Persons present 4. Offers made 5. Explanation of Right of Way and Construction plans 6. Counter-offers and recommendations regarding those counter-offers 7. Reasons why settlements could not be reached (if required) 8. Feedback and concerns from the property owner 9. Description of title problems and how they were solved (if required) 10. Signature of the negotiator for settled interests 11. Any other data pertinent to the negotiations 12. All related correspondence and reports in connection with and incidental to the parcel Individual Parcel Files A. The Consultant shall prepare and maintain individual parcel files which includes the following: 1. Title reports 2. Appraisal reports / Approved cost estimates 3. Copies of all negotiation records 4. All required forms executed by property owners 5. Copies of all correspondence B. Files shall be available at any time for inspection by the City. All such information is the property of the City and shall be immediately delivered to the City upon request. Any information and/or knowledge gained from the appraisals, the acquisition and relocation on this project shall be kept confidential and not publicly disclosed without prior written authorization by the City. Closings Consultant will coordinate with City Attorney on parcel closings. City Attorney will perform closings. Consultant may be asked to attend closings if needed. Consultant will provide City Attorney with documents for closing of each parcel on the appropriate instruments/forms including: 1. Right-of-Way Deed/Permanent Easement/Temporary Easement/Driveway Easement 2. Settlement and Disbursement Statement 3. IRS 1099-S Form 4. Owner’s Affidavit 5. Final Title Certificate 6. Lien Releases Condemnations Consultant will coordinate with City Attorney on parcel condemnations. A. The City will authorize the tasks of coordination and petition preparation that will be based on rates in agreement CITY COUNCIL AGENDA ITEM TO: City Council DATE: July 27, 2021 FROM: Steven Krokoff, City Manager AGENDA ITEM: Approval of a Construction Services Agreement between the City of Milton and Pencor, LLC for the Renovation of the Clubhouse at the Former Milton Country Club. MEETING DATE: Monday, August 2, 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: __________ August 2, 2021 X X X X To: Honorable Mayor and City Council Members From: Robert Buscemi, R.A. – Community Development Director Date: Submitted July 27, 2021 for the August 2, 2021 Regular City Council Meeting Agenda Item: Approval of a Construction Services Agreement Between the City of Milton and Pencor, LLC for the Renovation of the Clubhouse at the Former Milton Country Club. _____________________________________________________________________________________ Department Recommendation: Staff is recommending the approval of a Construction Services Agreement Between the City of Milton and Pencor, LLC for the Renovation of the Clubhouse at the Former Milton Country Club. Executive Summary: The Former Milton Country Club was acquired in 2018 which included 7 active acres with amenities including a pool, tennis courts and country club building. The building was in disrepair and needed renovation to better serve the citizens as Milton’s Community Center, which would be managed by the City’s Park and Recreation Department. New plans were created in compliance with the FMCC Master Plan. This Construction Services Agreement will renovate the interior and exterior of the building accordingly. Procurement Summary: Purchasing method used: Bid Award-ITB (Over $50,000) Account Number: 300-6110-541300102 Requisition Total: $849,844.00 Vendor: Pencor, LLC Financial Review: Bernadette Harvill, July 27, 2021 Legal Review: Dennis Bost – Jarrard & Davis, LLP – July 21, 2021 Concurrent Review: Steven Krokoff, City Manager Attachment: Construction Services Agreement 1 Construction Services Agreement | Version 1.0 CONSTRUCTION SERVICES AGREEMENT Former Milton Country Club Renovation This Construction Services Agreement (the “Agreement”) is made and entered into this ___ day of ____, 20___ (the “Effective Date”), by and between the CITY OF MILTON, GEORGIA, a municipal corporation of the State of Georgia, acting by and through its governing authority, the Mayor and Milton City Council (hereinafter referred to as the “City”), and PENCOR, LLC, a Georgia Limited Liability Company (hereinafter referred to as the “Contractor”), collectively referred to herein as the "Parties”. W I T N E S S E T H: WHEREAS, the City desires to retain a contractor to perform services for the construction of a Project, as defined below; and WHEREAS, the City solicited bids for construction of the Project pursuant to the Request for Bids, dated May 27, 2021, 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-PR01, Former Milton Country Club Renovation 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 2 Construction Services Agreement | Version 1.0 WHEREAS, Contractor has familiarized itself with the nature and extent of the Contract Documents, the Project, and the Work, and with all local conditions and federal, state and local laws, ordinances, rules and regulations that may in any manner affect cost, progress or performance of Work, and Contractor is aware that it must be licensed to do business in the State of Georgia. NOW THEREFORE, for and in consideration of the mutual promises, the public purposes, and the acknowledgements and agreements contained herein and other good and adequate consideration, the sufficiency of which is hereby acknowledged, the Parties hereto do mutually agree as follows: Section 1. Contract Documents This Agreement along with the following documents, attached hereto (except as expressly noted otherwise below) and incorporated herein by reference, constitute the “Contract Documents”: A. Request for Bids, attached hereto as “Exhibit A”; B. Bid Documents from Contractor, dated June 29, 2021, attached hereto as “Exhibit B”; C. Scope of Work, attached hereto as “Exhibit C”; D. Any required Performance Bond and/or Payment Bond, attached hereto collectively as “Exhibits D.1 and D.2”; E. Noncollusion Affidavit of Prime Bidder, attached hereto as “Exhibit E”; F. Final Affidavit, attached hereto as “Exhibit F”; G. Alien Employment affidavits, attached hereto as “Exhibits G.1 and G.2”; H. Plans, drawings and specifications, attached hereto collectively as “Exhibit H”; I. Additional Payment/Retainage Requirements, attached hereto as “Exhibit I”; J. “Exhibit J” ~ Reserved; K. Contract Administration provisions (if issued), attached hereto as “Exhibit K”; L. General Conditions (if issued), attached hereto as “Exhibit L”; M. “Exhibit M” ~ Reserved; N. “Exhibit N” ~ Reserved; O. City of Milton Code of Ethics (codified in the official Code of the City of Milton); 3 Construction Services Agreement | Version 1.0 P. 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 A. Project. A general description of the Project is as follows: full interior and exterior renovations to the Former Milton Country Clubhouse located at 1785 Dinsmore Road, Milton, Georgia 30004 (the “Project”). A third-party Architect or Engineer (as identified below) has been retained related to this Project. B. Architect/Engineer (if any). (i) Architect [if applicable]. The Project has been designed by Jericho Design Group (hereinafter referred to as the “Architect”). The Architect will have authority to act on behalf of the City only to the extent provided in the Contract Documents, unless otherwise modified in accordance with the provisions of this Agreement. (ii) Engineer [if applicable]. The Project has been designed by ____N/A__________________ (hereinafter referred to as the “Engineer”). The Engineer will have authority to act on behalf of the City only to the extent provided in the Contract Documents, unless otherwise modified in accordance with the provisions of this Agreement. C. Contract Administrator. The Contract Administrator for this Agreement shall be: Robert Buscemi, R.A., City Architect . Section 3. The Work A. The Work. The Work to be completed under this Agreement (the “Work”) includes, but shall not be limited to, the work described in the Scope of Work provided in “Exhibit 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 4 Construction Services Agreement | Version 1.0 determined by the City in its sole discretion, shall govern. B. Notice to Proceed. The City will issue a Notice to Proceed, which Notice to Proceed shall state the dates for beginning Work (“Commencement Date”) and the Expected Date of Final Completion (defined in Section 4(A) below). Unless otherwise approved, the Contractor shall perform its obligations under this Agreement as expeditiously as is consistent with reasonable skill and care and the orderly progress of the Work. C. Plans; Drawings and Specifications. The plans, drawings and specifications provided in “Exhibit H”, attached hereto, are hereby acknowledged by the Parties and incorporated herein by reference. D. Shop Drawings, Product Data, and Samples. Shop Drawings, Product Data, Samples and similar submittals are not Contract Documents, but must be in conformity therewith. The purpose of their submittal is to demonstrate, for those portions of the Work for which submittals are required by the Contract Documents, the way by which the Contractor proposes to conform to the information given and the design concept expressed in the Contract Documents. (i) “Shop Drawings” are drawings, diagrams, schedules and other data 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 5 Construction Services Agreement | Version 1.0 or similar submittals until the respective submittal has been approved in writing by the Contract Administrator, provided that submittals that are not required by the Contract Documents may be returned without action. The Work shall be completed in accordance with approved submittals, provided that the Contractor shall not be relieved of responsibility for deviations from requirements of the Contract Documents by the Contract Administrator’s approval of Shop Drawings, Product Data, Samples or similar submittals, unless the Contractor has specifically informed the Contract Administrator in writing of such deviation at the time of submittal and (1) the Contract Administrator has given written approval to the specific deviation as a minor change in the Work, or (2) a written Change Order has been issued and approved to authorize the deviation. The Contract Administrator’s approval of the Shop Drawings, Product Data, Samples or similar submittals shall not relieve the Contractor of responsibility for errors or omissions therein. The Contractor shall, in writing or on resubmitted Shop Drawings, Product Data, Samples or similar submittals, direct the Contract Administrator’s attention to any additional revisions included other than those requested by the Contract Administrator on previous submittals. In the absence of such written notice drawing the Contract Administrator’s attention to such additional revisions, the 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 the earlier of the Expected Date of Final Completion 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 the Parties intend that all Work shall be completed within ninety-four (94) days from the issuance of the Notice to Proceed by the City__ (the “Expected Date of Final Completion”). Every effort will be made by Contractor to shorten this period. If the Term of this Agreement continues beyond the calendar year in which this Agreement is executed, the Parties 6 Construction Services Agreement | Version 1.0 agree that this Agreement, as required by O.C.G.A. § 36-60-13, shall terminate absolutely and without further obligation on the part of the City on September 30 each fiscal year of the Term, and further, that this Agreement shall automatically renew on October 1 of each subsequent fiscal year absent the City’s provision of written notice of non-renewal to Contractor at least five (5) calendar days prior to the end of the then current fiscal. Title to any supplies, materials, equipment, or other personal property shall remain in Contractor until fully paid for by the City. B. Time is of the Essence; Liquidated Damages. Contractor specifically acknowledges that TIME IS OF THE ESSENCE of this Agreement and that City will suffer financial loss if the Work is not completed in accordance with the deadlines specified in Section 4(A) above and within the Contract Documents. The City and Contractor also recognize the delays, expense, and difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by the City if the Work is not completed within the specified times. Accordingly, instead of requiring any such proof, the City and Contractor agree that, as liquidated damages for delay (but not as a penalty), the Contractor shall pay to the City ____”N/A”________________and_00/100 Dollars ($_______.00) for each and every calendar day that expires after a deadline provided in the Contract Documents. C. Expediting Completion. The Contractor is accountable for completing the Work within the time period provided in the Contract Documents. If, in the judgment of the City, the Work is behind schedule and the rate of placement of work is inadequate to regain scheduled progress to ensure timely completion of the entire Work or a separable portion thereof, the Contractor, when so informed by the City, shall immediately take action to increase the rate of work placement by: (1) An increase in working forces; (2) An increase in equipment or tools; (3) An increase in hours of work or number of shifts; (4) Expediting delivery of materials; and/or (5) Other action proposed if acceptable to City. Within five (5) calendar days after such notice from City that the Work is behind schedule, the Contractor shall notify the City in writing of the specific measures taken and/or planned to increase the rate of progress. The Contractor shall include an estimate as to the date of scheduled progress recovery. Should the City deem the plan of action inadequate, the Contractor shall take additional steps to make adjustments as necessary to its plan of action until it meets with the City’s approval and such approval is provided in writing by the City. D. Partial Occupancy or Use. The City may occupy or use any completed or partially completed portion of the Work at any stage when such portion is designated by separate agreement between the City and Contractor, provided such occupancy or use is consented to by the insurer and authorized by public authorities having jurisdiction over the Work. Such partial occupancy or use may commence whether 7 Construction Services Agreement | Version 1.0 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 $_849,844.00__ (the “Maximum Contract Price”), except as outlined in Section 6 below. The compensation for Work performed shall be based upon a flat fee, and Contractor represents that the Maximum Contract Price is sufficient to perform all of the Work set forth in and contemplated by this Agreement. B. Additional Payment Requirements. Additional payment requirements are included 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 8 Construction Services Agreement | Version 1.0 A. Change Order Defined. A “Change Order” means a written modification of the Contract Documents, signed by representatives of the City and the Contractor with appropriate authorization. B. Right to Order Changes. The City reserves the right to order changes in the Work to be performed under this Agreement by altering, adding to, or deducting from the Work. All such changes shall be incorporated in written Change Orders and executed by the Contractor and the City. Such Change Orders shall specify the changes ordered and any necessary adjustment of compensation and completion time. If the Parties cannot reach an agreement on the terms for performing the changed work within a reasonable time to avoid delay or other unfavorable impacts as determined by the City in its sole discretion, the City shall have the right to determine reasonable terms, and the Contractor shall proceed with the changed work. C. Change Order Requirement. Any work added to the scope of this Agreement by a Change Order shall be executed under all the applicable conditions of this Agreement. No claim for additional compensation or extension of time shall be recognized, unless contained in a written Change Order duly executed on behalf of the City and the Contractor. D. Authority to Execute Change Order. The City Manager has authority to execute, without further action of the Milton City Council, any number of Change Orders so long as their total effect does not materially alter the terms of this Agreement or materially increase the Maximum Contract Price, as set forth in Section 5(A) above. Any such Change Orders materially altering the terms of this Agreement, or any Change Order affecting the price where the Maximum Contract Price (as amended) is in excess of $50,000, must be approved by resolution of the Milton City Council. E. Minor Changes in the Work. The Contract Administrator will have the authority to order minor changes in the Work not involving adjustment in the Maximum Contract Price or extension of the Term and not inconsistent with the intent of the Contract Documents. Such changes shall be effected by written order signed by the Contract Administrator. The Contractor shall carry out such written orders promptly. If the minor changes subsequently may affect adjustments in the Maximum Contract Price or the Term, the changes shall then be converted to a 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 9 Construction Services Agreement | Version 1.0 that may cause a conflict of interest during the Term of this Agreement, Contractor shall immediately notify the City. If the City determines that a conflict of interest exists, the City may require that Contractor take action to remedy the conflict of interest or terminate the Agreement without liability. The City shall have the right to recover any fees paid for services rendered by Contractor when such services were performed while a conflict of interest existed if Contractor had knowledge of the conflict of interest and did not notify the City within five (5) business days of becoming aware of the existence of the conflict of interest. (ii) Contractor and the City acknowledge that it is prohibited for any person to offer, give, or agree to give any City employee or official, or for any City employee or official to solicit, demand, accept, or agree to accept from another person, a gratuity of more than nominal value or rebate or an offer of employment in connection with any decision, approval, disapproval, recommendation, or preparation of any part of a program requirement or a purchase request, influencing the content of any specification or procurement standard, rendering of advice, investigation, auditing, or in any other advisory capacity in any proceeding or application, request for ruling, determination, claim or controversy, or other particular matter, pertaining to any program requirement or a contract or subcontract, or to any solicitation or proposal therefor. The Contractor and the City further acknowledge that it is prohibited for any payment, gratuity, or offer of employment to be made by or on behalf of a sub-consultant under a contract to the prime Contractor or higher tier sub- consultant, or any person associated therewith, as an inducement for the award of a subcontract or order. B. Meetings. The Contractor is required to meet with the City’s personnel, or designated representatives, to resolve technical or contractual problems that may occur during the Term of this Agreement at no additional cost to the City. Meetings will occur as problems arise and will be coordinated by the City or the Contract Administrator. The Contractor will be given a minimum of three (3) full business days’ notice of meeting date, time, and location. Face-to-face meetings are desired. However, at the Contractor’s option and expense, a conference call meeting may be substituted. Consistent failure to participate in problem resolution meetings, two consecutive missed or rescheduled meetings, or failure to make a good faith effort 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 10 Construction Services Agreement | Version 1.0 Contractor shall employ only persons duly qualified in the appropriate area of expertise to perform the Work described in this Agreement. D. Proper Execution by Contractor. Contractor agrees that it will perform its services in accordance with the usual and customary standards of the Contractor’s profession or business and in compliance with all federal, state, and local laws, regulations, codes, ordinances, or orders applicable to the Project, including, but not limited to, O.C.G.A. § 50-5-63, any applicable records retention requirements, and Georgia’s Open Records Act (O.C.G.A. § 50-18-70, et seq.). Any additional work or costs incurred as a result of error and/or omission by Contractor as a result of not complying with the Contract Documents or not meeting the applicable standard of care or quality, including but not limited to those of repeated procedures and compensation for the Contract Administrator’s services or expenses, will be provided at Contractor’s expense and at no additional cost to the City. This provision shall survive termination of this Agreement. It is the Contractor’s responsibility to be reasonably aware of all applicable laws, statutes, ordinances, building codes, and rules and regulations. If the Contractor observes that portions of the Contract Documents are at variance therewith, the Contractor shall promptly notify the Contract Administrator and the City in writing of any portions of the Contract Documents that are at variance with the applicable laws, statutes, ordinances, building codes, and rules and regulations. The Contractor’s duties shall not be diminished by any approval by the City or Contract Administrator of Work completed or produced; nor shall any approval by the City or Contract Administrator of Work completed or produced release the Contractor from any liability therefor, it being understood that the City is ultimately relying upon the Contractor’s skill and knowledge in performing the Work required under the Contract Documents. Organization of the specifications into divisions, sections and articles, and arrangement of drawings shall not control the Contractor in dividing the Work among subcontractors or in establishing the extent of Work to be performed by any trade. E. Familiarity with the Work. (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, 11 Construction Services Agreement | Version 1.0 and shall observe any conditions at the Project site(s) affecting it. Contractor represents and agrees that it has correlated the results of all such observations, examinations, investigations, explorations, tests, reports, and studies with the terms and conditions of the Contract Documents. These obligations are for the purpose of facilitating construction by the Contractor and are not for the purpose of discovering errors, omissions, inconsistencies, or ambiguities in the Contract Documents; however, any errors, inconsistencies, omissions, or ambiguities discovered by the Contractor shall be reported promptly to the Contract Administrator and City in writing. Contractor represents that it has given the City written notice of all errors, omissions, inconsistencies, or ambiguities that the Contractor has discovered in the Contract Documents so far, and the written resolution thereof by the City is acceptable to the Contractor. Further, Contractor acknowledges that its obligation to give notice of all such errors, omissions, inconsistencies, or ambiguities shall be continuing during the Term of this Agreement. Any failure on the part of the Contractor to notify the Contract Administrator and City in writing of any errors, omissions, inconsistencies, or ambiguities in the Contract Documents that Contractor discovered or reasonably should have discovered shall result in a waiver and full release by the Contractor of any future arguments or defenses based on such errors, omissions, inconsistencies, or ambiguities against the City. Further, if the Contractor fails to perform its obligations pursuant to this paragraph, the Contractor shall pay such costs and damages to the City as would have been avoided if the Contractor had performed such obligations. (ii) Inspection of Prior Work. If part of the Contractor’s Work depends for proper execution or results upon construction or operations by a separate contractor, the Contractor shall, prior to proceeding with that portion of the Work, promptly report to the Contract Administrator apparent discrepancies or defects in such other construction that would render it unsuitable for such proper execution and results. Failure of the Contractor so to report shall constitute an acknowledgment that the City’s or separate contractor’s completed or partially completed construction is fit and proper to receive the Contractor’s Work, except as to defects not then reasonably discoverable, and Contractor shall be responsible for all costs and damages resulting from its failure to report reasonably discoverable defects. (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 12 Construction Services Agreement | Version 1.0 supervise and direct the Work, using the Contractor’s best skill and attention. The Contractor shall be solely responsible for and have control over construction means, methods, techniques, sequences and procedures and for coordinating all portions of the Work under the Agreement, unless the Contract Documents give other specific instructions concerning these matters. If the Contract Documents give specific instructions concerning construction means, methods, techniques, sequences or procedures, the Contractor shall evaluate the jobsite safety therefor and, except as stated below, shall be fully and solely responsible for the jobsite safety for such means, methods, techniques, sequences, or procedures. If the Contractor determines that such means, methods, techniques, sequences or procedures may not be safe, the Contractor shall give timely written notice to the City and Contract Administrator and shall not proceed with that portion of the Work without further written instructions from the City or Contract Administrator as approved in writing by the City. The Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the performance of this Agreement. The Contractor shall take reasonable precautions for the safety of, and shall provide reasonable protection to prevent damage, injury or loss to: (a) employees and other persons who may be affected, (b) the Work and materials and equipment to be incorporated therein, whether in storage on or off the Project site(s), under care, custody or control of the Contractor or Contractor’s subcontractors or sub-subcontractors, and (c) other property at the Project site(s) or adjacent thereto, such as trees, shrubs, lawns, walks, pavements, roadways, structures and utilities not designated for removal, relocation or replacement in the course of construction. The Contractor shall give notices and comply with applicable laws, ordinances, rules, regulations and lawful orders of public authorities bearing on safety of persons or property or their protection from damage, injury or loss. When use or storage of explosives or other hazardous materials or equipment or unusual methods are necessary for execution of the Work, the Contractor shall exercise utmost care and carry on such activities under supervision of properly qualified personnel. If reasonable precautions will be inadequate to prevent foreseeable bodily injury or death to persons resulting from a material or substance, including but not limited to asbestos or polychlorinated biphenyl (PCB), encountered on the Project site(s) by the Contractor, the Contractor shall, upon 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, 13 Construction Services Agreement | Version 1.0 inspections and approvals. The Contractor shall give the Contract Administrator timely notice of when and where tests and inspections are to be made so that the Contract Administrator may be present for such procedures. Required permits or certificates of testing, inspection or approval shall, unless otherwise required by the Contract Documents, be secured by the Contractor and delivered to the Contract Administrator within ten (10) calendar days of issuance. H. Budgetary Limitations. Contractor agrees and acknowledges that budgetary limitations are not a justification for breach of sound principals of Contractor’s profession and industry. Contractor shall take no calculated risk in the performance of the Work. Specifically, Contractor agrees that, in the event it cannot perform the Work within the budgetary limitations established without disregarding sound principals of Contractor’s profession and industry, Contractor will give written notice immediately to the City. I. City’s Reliance on the Work. The Contractor acknowledges and agrees that the City does not undertake to approve or pass upon matters of expertise of the Contractor and that therefore, the City bears no responsibility for Contractor’s Work performed under this Agreement. The Contractor acknowledges and agrees that the acceptance of Work by the City is limited to the function of determining whether there has been compliance with what is required to be produced under this Agreement. The City will not, and need not, inquire into adequacy, fitness, suitability or correctness of Contractor’s performance. Contractor further agrees that no approval of designs, plans, or specifications by any person, body, or agency shall relieve Contractor of the responsibility for adequacy, fitness, suitability, and correctness of Contractor’s Work under professional and industry standards, or for performing services under this Agreement in accordance with sound and accepted professional and industry principles. J. Contractor’s Reliance on Submissions by the City. Contractor must have timely information and input from the City in order to perform the Work required under this Agreement. Contractor is entitled to rely upon information provided by the City, but Contractor shall be required to provide immediate written notice to the City if Contractor knows or reasonably should know that any information provided by the City is erroneous, inconsistent, or otherwise problematic. K. Uncovering and Correction of Work. If a portion of the Work is covered contrary to the Contract Administrator’s request or to requirements specifically expressed in the Contract Documents, it must, if required in writing by the Contract Administrator, be uncovered for examination by the Contract Administrator and be replaced at the Contractor’s expense without change in the Agreement Term. If a portion of the Work has been covered which the Contract Administrator has not specifically requested to examine prior to its being covered or which the Contract Documents did not require to remain uncovered until examined, the Contract Administrator may request to see such Work, and it shall be uncovered by the Contractor. If such Work is in accordance with the Contract Documents, costs of uncovering and replacement shall, by appropriate Change Order, be at the City's expense, which expense shall be agreed upon in writing prior to being incurred. If such Work is not in accordance with the Contract Documents, correction shall be at the Contractor's expense, unless the condition was caused by the City, in which event the City shall be responsible for payment of such costs including reasonable charges, if any, by the Contract Administrator for additional service, which expense shall be agreed upon in writing prior to being incurred. If the City prefers to accept Work that is not in accordance with the requirements of the Contract Documents, the City may do so instead of requiring its removal and correction, in which case the Maximum Contract Price will be reduced as appropriate and equitable. Such adjustment shall be effected whether or not final payment has been made. L. Clean Up. Contractor shall keep the Project site(s) and surrounding area free from accumulation of waste materials or rubbish caused by operations under this Agreement. At completion of the Work, the Contractor shall remove from and about the Project waste materials, rubbish, the Contractor's tools, construction equipment, machinery and surplus materials. If the Contractor fails to clean up as provided in the Contract Documents, the City may do so, and the cost thereof shall be charged to the Contractor. M. Contractor's Representative. 30.,r e� �'(ev\^ V [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 (-'011S`ll-l1Ct1011 SCI-VICCS i\�-)I-CC'IIIC It I A"CI-Slllll 15 Construction Services Agreement | Version 1.0 services only. It is further understood that this Agreement is not exclusive, and the City may hire additional entities to perform Work related to this Agreement. Inasmuch as the City and the Contractor are independent of each other, neither has the authority to bind the other to any third person or otherwise to act in any way as the representative of the other, unless otherwise expressly agreed to in writing signed by both Parties hereto. The Contractor agrees not to represent itself as the City’s agent for any purpose to any party or to allow any employee of the Contractor to do so, unless specifically authorized, in advance and in writing, to do so, and then only for the limited purpose stated in such authorization. The Contractor shall assume full liability for any contracts or agreements the Contractor enters into on behalf of the City without the express knowledge and prior written consent of the City. O. Responsibility of Contractor and Indemnification of City. The Contractor covenants and agrees to take and assume all responsibility for the Work rendered in connection with this Agreement. The Contractor shall bear all losses and damages directly or indirectly resulting to it and/or the City on account of the performance or character of the Work rendered pursuant to this Agreement. To the fullest extent permitted by law, Contractor shall defend, indemnify, and hold harmless the City and the City’s elected and appointed officials, officers, boards, commissions, employees, representatives, consultants, servants, agents, attorneys and volunteers (individually an “Indemnified Party” and collectively “Indemnified Parties”) from and against any and all claims, suits, actions, judgments, injuries, damages, losses, costs, expenses and liability of any kind whatsoever, including, but not limited to, attorney’s fees and costs of defense (“Liabilities”), which may arise from or be the result of alleged willful, negligent, or tortious act or omission arising out of the Work, performance of contracted services, or operations by the Contractor, any subcontractor, anyone directly or indirectly employed by the Contractor or subcontractor, or anyone for whose acts the Contractor or subcontractor may be liable, regardless of whether or not the act or omission is caused in part by a party indemnified hereunder. This indemnity obligation does not include Liabilities caused by or resulting from the sole negligence of an Indemnified Party. Such obligation shall not be construed to negate, abridge, or otherwise reduce any other right or obligation of indemnity which would otherwise exist as to any party or person described in this provision. In any and all claims against an Indemnified Party, by any employee of the 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 16 Construction Services Agreement | Version 1.0 omissions that occurred during the performance of this Agreement. P. Insurance. (1) Requirements: The Contractor shall have and maintain in full force and effect for the duration of this Agreement, insurance insuring against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Work by the Contractor, its agents, representatives, employees or subcontractors. All policies shall be subject to approval by the City as to form and content. These requirements are subject to amendment or waiver if so approved in writing by the City Manager. (2) Minimum Limits of Insurance: Contractor shall maintain the following insurance policies with coverage and limits no less than: (a) Commercial General Liability: $1,000,000 (one million dollars) combined single limit per occurrence $2,000,000 (two million dollars) aggregate comprehensive/extended/enhanced Commercial General Liability policy with coverage including bodily and personal injury, sickness, disease or death, injury to or destruction of property, including loss of use resulting therefrom, damage to premises/operations, products/completed operations, independent consultants and contractual liability (specifically covering the indemnity), broad-from property damage, and underground, explosion and collapse hazard. This coverage may be achieved by using an excess or umbrella policy. The policy or policies must be on “an occurrence” basis (“claims made” coverage is not acceptable). (b) Commercial Automobile Liability (owned, non-owned, hired): $1,000,000 (one million dollars) combined single limit per occurrence $2,000,000 (two million dollars) aggregate for comprehensive Commercial Automobile liability coverage (owned, non-owned, hired) including bodily and personal injury, sickness, disease or death, injury to or destruction of property, including loss of use resulting therefrom. (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 17 Construction Services Agreement | Version 1.0 otherwise not entitled to coverage under Georgia’s Workers’ Compensation Act, Contractor must secure Workers’ Compensation coverage approved by both the State Board of Workers’ Compensation and the Commissioner of Insurance. The amount of such coverage shall be the same as what is otherwise required of employers entitled to coverage under the Georgia Workers’ Compensation Act. Further, the Contractor shall provide a certificate of insurance indicating that such coverage has been secured and that no individual has been excluded from coverage.) (e) Builder’s Risk Insurance: Contractor shall provide a Builder’s Risk Insurance Policy to be made payable to the City and Contractor, as their interests may appear. The policy amount shall be equal to 100% of the Maximum Contract Price, written on a Builder’s Risk “All Risk,” or its equivalent. The policy shall provide, or be endorsed to provide, as follows: “The following may occur without diminishing, changing, altering or otherwise affecting the coverage and protection afforded the insured under this policy: i) Equipment may be delivered to the insured premises and installed in place ready for use; and ii) Partial or complete occupancy by City; and iii) Performance of Work in connection with construction operations insured by the City, by its agents or lessees, or other contractors of the City or using agency.” The insurance coverage shall include extended coverage, and providing coverage for transit, with sub- 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. 18 Construction Services Agreement | Version 1.0 (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. (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. 19 Construction Services Agreement | Version 1.0 (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 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 20 Construction Services Agreement | Version 1.0 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 on the forms attached hereto as “Exhibits D.1 and D.2” and with a surety licensed to do business in Georgia and listed on the Treasury Department’s most current list (Circular 570 as amended). Upon the request of any person or entity appearing to be a potential beneficiary of bonds covering payment of obligations arising under this Agreement, the Contractor shall promptly furnish a copy of the bonds or shall permit a copy to be made. R. Assignment of Agreement. The Contractor covenants and agrees not to assign or transfer any interest in, or delegate any duties of this Agreement, without the prior express written consent of the City. As to any approved subcontractors, the Contractor shall be solely responsible for reimbursing them, and the City shall have no obligation to them. S. Employment of Unauthorized Aliens Prohibited – E-Verify Affidavit. Pursuant to O.C.G.A. § 13-10-91, the City shall not enter into a contract for the physical performance of services unless: (1) the Contractor shall provide evidence on City-provided forms, attached hereto as “Exhibits G.1 and G.2” (affidavits regarding compliance with the E-Verify program to be sworn under oath under criminal penalty of false swearing pursuant to O.C.G.A. § 16-10-71), that it and its subcontractors have registered with, are authorized to use and use the federal work authorization program commonly known as E-Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91, and that they will continue to use the federal work authorization program throughout the contract period, or 21 Construction Services Agreement | Version 1.0 (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 completed copy to the City within five (5) business days of receipt from any subcontractor. Where Contractor is required to provide an affidavit pursuant to O.C.G.A. § 13-10- 91, the City Manager or his/her designee shall be authorized to conduct an inspection of the Contractor’s and Contractor’s subcontractors’ verification process at any time to determine that the verification was correct and complete. The Contractor and Contractor’s subcontractors shall retain all documents and records of their respective verification process for a period of five (5) years following completion of the contract. Further, where Contractor is required to provide an affidavit pursuant to O.C.G.A. § 13-10-91, the City Manager or his/her designee shall further be authorized to conduct periodic inspections to ensure that no City Contractor or Contractor’s subcontractors employ unauthorized aliens on City contracts. By entering into a contract with the City, the Contractor and Contractor’s subcontractors agree to cooperate with any such investigation by making their records and personnel available upon reasonable notice for inspection and questioning. Where a Contractor or Contractor’s subcontractors are found to have employed an unauthorized alien, the City Manager or his/her designee may report same to the Department of Homeland Security. The Contractor’s failure to cooperate with the investigation may be sanctioned by termination of the contract, and the Contractor shall be liable for all damages and delays occasioned by the City thereby. Contractor agrees that the employee-number category designated below is applicable to the Contractor. [Information only required if a contractor affidavit is required pursuant to O.C.G.A. § 13-10-91.] [DESIGNATE/MARK APPROPRIATE CATEGORY] 500 or more employees. 100 or more employees. Fewer than 100 employees. Contractor hereby agrees that, in the event Contractor employs or contracts with any subcontractor(s) in connection with this Agreement and where the subcontractor is required to provide an affidavit pursuant to O.C.G.A. § 13-10-91, the Contractor will secure from the subcontractor(s) such subcontractor(s') indication of the above employee -number category that is applicable to the subcontractor. The above requirements shall be in addition to the requirements of State and federal law and shall be construed to be in conformity with those laws. T. Records, Reports and Audits. (1) Records: (a) Books, records, documents, account legers, data bases, and similar materials relating to the Work performed for the City under this Agreement ("Records") shall be established and maintained by the Contractor in accordance with applicable law and requirements prescribed by the City with respect to all matters covered by this Agreement. Except as otherwise authorized or required, such Records shall be maintained for at least three (3) years from the date that final payment is made to Contractor by City under this Agreement. Furthermore, Records that are the subject of audit findings shall be retained for three (3) years or until such audit findings have been resolved, whichever is later. (b) All costs claimed or anticipated to be incurred in the performance of this Agreement shall be supported by properly executed payrolls, time records, invoices, contracts, or vouchers, or other official documentation evidencing in proper detail the nature and propriety of the charges. All checks, payrolls, invoices, contracts, vouchers, orders, or other accounting documents pertaining in whole or in part to this Agreement shall be clearly identified and readily accessible. (2) Reports and Information: Upon request, the Contractor shall furnish to the City any and all Records in the form requested by the City. All Records stored on a computer database must be of a format compatible with the City's computer systems and software. Construction Services Aureemcnt I Version 1.0 23 Construction Services Agreement | Version 1.0 (3) Audits and Inspections: At any time during normal business hours and as often as the City may deem necessary, Contractor shall make available to the City or City’s representative(s) for examination all Records. The Contractor will permit the City or City’s representative(s) to audit, examine, and make excerpts or transcripts from such Records. Contractor shall provide proper facilities for City or City’s representative(s) to access and inspect the Records, or, at the request of the City, shall make the Records available for inspection at the City’s office. Further, Contractor shall permit the City or City’s representative(s) to observe and inspect any or all of Contractor’s facilities and activities during normal hours of business for the purpose of evaluating Contractor’s compliance with the terms of this Agreement. In such instances, the City or City’s representative(s) shall not interfere with or disrupt such activities. U. Confidentiality. Contractor acknowledges that it may receive confidential information of the City and that it will protect the confidentiality of any such confidential information and will require any of its subcontractors, contractors, and/or staff to likewise protect such confidential information. The Contractor agrees that confidential information it receives or such reports, information, opinions, or conclusions that Contractor creates under this Agreement shall not be made available to, or discussed with, any individual or organization, including the news media, without prior written approval of the City. Contractor shall exercise reasonable precautions to prevent the unauthorized disclosure and use of City information whether specifically deemed confidential or not. Contractor acknowledges that the City’s disclosure of documentation is governed by Georgia’s Open Records Act, and Contractor further acknowledges that, if Contractor submits records containing trade secret information and if Contractor wishes to keep such records confidential, Contractor must submit and attach to such records an affidavit affirmatively declaring that specific information in the records constitutes trade secrets pursuant to Article 27 of Chapter 1 of Title 10, and the Parties shall follow the requirements of O.C.G.A. § 50-18-72(a)(34) related thereto. V. Licenses, Certifications and Permits. The Contractor covenants and declares that it has obtained all diplomas, certificates, licenses, permits, or the like required of the Contractor by any and all national, state, regional, county or local boards, agencies, commissions, committees or other regulatory bodies in order to perform the Work contracted for under this Agreement; provided that some permits or 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. 24 Construction Services Agreement | Version 1.0 W. Key Personnel. All of the individuals identified in “Exhibit J”, attached hereto, are necessary for the successful completion of the Work due to their unique expertise and depth and breadth of experience. There shall be no change in Contractor’s Project Manager or members of the Project team, as listed in “Exhibit J”, without written approval of the City. Contractor recognizes that the composition of this team was instrumental in the City’s decision to award the Work to Contractor and that compelling reasons for substituting these individuals must be demonstrated for the City’s consent to be granted. Any substitutes shall be persons of comparable or superior expertise and experience. Failure to comply with the provisions of this paragraph shall constitute a material breach of Contractor’s obligations under this Agreement and shall be grounds for termination. X. Authority to Contract. The Contractor covenants and declares that it has obtained all necessary approvals of its board of directors, stockholders, general partners, limited partners, or similar authorities to simultaneously execute and bind Contractor to the terms of this Agreement, if applicable. Y. Ownership of Work. All reports, designs, drawings, plans, specifications, schedules, work product, and other materials, including those in electronic form, prepared or in the process of being prepared for the Work to be performed by the Contractor (“Materials”) shall be the property of the City, and the City shall be entitled to full access and copies of all Materials in the form prescribed by the City. Any Materials remaining in the hands of the Contractor or subcontractor upon completion or termination of the Work shall be delivered immediately to the City whether or not the Project or Work is commenced or completed, provided, however, that Contractor may retain a copy of any deliverables for its records. The Contractor assumes all risk of loss, damage or destruction of or to Materials. If any Materials are lost, damaged, or destroyed before final delivery to the City, the Contractor shall replace them at its own expense. Any and all copyrightable subject matter in all Materials is hereby assigned to the City, and the Contractor agrees to execute any additional documents that may be necessary to evidence such assignment. Z. Nondiscrimination. In accordance with Title VI of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000d, section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6102, section 202 of the Americans with Disabilities Act of 1990, 42 U.S.C. § 12132, and all other provisions of Federal law, the Contractor 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. Consultants Assisting with Procurement. As required by O.C.G.A. § 36-80-28, if the Agreement requires the Consultant to prepare, develop, or draft specifications 25 Construction Services Agreement | Version 1.0 or requirements for a solicitation (including bids, requests for proposals, procurement orders, or purchase orders) or to serve in a consultative role during a bid or proposal evaluation or negotiation process: (a) the Consultant shall avoid any appearance of impropriety and shall follow all ethics and conflict-of-interest policies and procedures of the City; (b) the Consultant shall immediately disclose to the City any material transaction or relationship, including, but not limited to, that of the Consultant, the Consultant’s employees, or the Consultant’s agents or subsidiaries, that reasonably could be expected to give rise to a conflict of interest, including, but not limited to, past, present, or known prospective engagements, involvement in litigation or other dispute, client relationships, or other business or financial interest, and shall immediately disclose any material transaction or relationship subsequently discovered during the pendency of the Agreement; and (c) the Consultant agrees and acknowledges that any violation or threatened violation of this paragraph may cause irreparable injury to the City, entitling the City to seek injunctive relief in addition to all other legal remedies. Section 8. Covenants of the City A. Right of Entry. The City shall provide for right of entry for Contractor and Contractor’s equipment as required for Contractor to complete the Work; provided that Contractor shall not unreasonably encumber the Project site(s) with materials or equipment. B. City’s Representative. __Robert Buscemi, R.A.__ shall be authorized to act on the City’s behalf with respect to the Work as the City’s designated representative on this Project; provided that any changes to the Work or the terms of this Agreement must be approved as provided in Section 6 above. Section 9. Final Project Documents; Warranty A. Final Project Documents. Prior to final payment, Contractor shall deliver to City a written assignment of all warranties, guaranties, certificates, permits, and other documents, including without limitation, all contractors’ and manufacturers’ warranties. At such time, Contractor shall also deliver to the City copies of all as- built drawings, operations, and maintenance manuals, and any other pertinent documents relating to the construction and operation of the Work that is not otherwise in the possession of the City. B. Warranty. The Contractor warrants to the City and the Contract Administrator that materials and equipment furnished under the Agreement will be of good quality and new, unless otherwise required or permitted by the Contract Documents, that the Work will be free from defects not inherent in the quality required or permitted, and that the Work will conform to the requirements of the Contract Documents. Work not conforming to these requirements, including substitutions not properly approved and authorized, is considered defective. This warranty excludes remedy for damage or defect caused by abuse by the City or modifications to the Work not 26 Construction Services Agreement | Version 1.0 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 __1____ year(s) (the “Warranty Period”) from the date of Final Completion (as defined in “Exhibit I”, attached hereto and incorporated herein by reference) at no additional cost to the City. Further, Contractor shall provide all maintenance services, including parts and labor, for “n/a”____ year(s) (the “Maintenance Period”) from the date of Final Completion at no additional cost to the City. An inspection shall be conducted by the City or its representative(s) near the completion of the respective Warranty Period/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 Warranty Period or 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 Warranty Period or 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 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. 27 Construction Services Agreement | Version 1.0 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. Section 11. City’s Rights; Contractor Default A. City Rights Related to the Work. 28 Construction Services Agreement | Version 1.0 (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 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 29 Construction Services Agreement | Version 1.0 for the costs of curing the default against any sums due or which become due to the Contractor under this Agreement; and/or (c) pursue any other remedy then available, at law or in equity, to the City for such default. Section 12. Construction Administration If a Contract Administrator other than the City has been hired in relation to the Project, the Contract Administrator’s administration of the construction of the Project shall be as described in “Exhibit K”, attached hereto. The Contractor agrees to the construction administration provisions contained in “Exhibit K.” Section 13. Miscellaneous A. Complete Agreement. This Agreement, including all of the Contract Documents, constitutes the complete agreement between the Parties and supersedes any and all other agreements, either oral or in writing, between the Parties with respect to the subject matter of this Agreement. No other agreement, statement, or promise relating to the subject matter of this Agreement not contained in this Agreement or the Contract Documents shall be valid or binding. This Agreement may be modified or amended only by a written document signed by representatives of both Parties with appropriate authorization. B. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Georgia without regard to choice of law principles. If any action at law or in equity is brought to enforce or interpret the provisions of this Agreement, the rules, regulations, statutes and laws of the State of Georgia will control. Any action or suit related to this Agreement shall be brought in the Superior Court of Fulton County, Georgia or the U.S. District Court for the Northern District of Georgia – Atlanta Division, and Contractor submits to the jurisdiction and venue of such court. C. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original, but all of which together shall constitute one and the same instrument. D. Invalidity of Provisions; Severability. Should any article(s) or section(s) of this Agreement, or any part thereof, later be deemed illegal, invalid or unenforceable by a court of competent jurisdiction, the offending portion of the Agreement should be severed, and the remainder of this Agreement shall remain in full force and effect to the extent possible as if this Agreement had been executed with the invalid portion hereof eliminated, it being the intention of the Parties that they would have executed the remaining portion of this Agreement without including any such part, parts, or portions that may for any reason be hereafter declared invalid. E. Business License. Prior to commencement of the Work to be provided hereunder, Contractor shall apply to the City for a business license, pay the applicable business license fee, and maintain said business license during the Term of this Agreement, unless Contractor provides evidence that no such license is required. F. Notices. (1) Communications Relating to Day -to -Day Activities. All communications relating to the day-to-day activities of the Work shall be exchanged between _Robert Buscemi, R.A._ for the City and 1 n,t ::So61.sovk [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: Pencor, LLC Attn: John Treadway 625 Sienna Dr Cumming, Ga 30040 G. Waiver of Agreement. No failure by the City to enforce any right or power granted under this Agreement, or to insist upon strict compliance by Contractor with this Agreement, and no custom or practice of the City at variance with the terms and conditions of this Agreement shall constitute a general waiver of any future breach or default or affect the City's right to demand exact and strict compliance by Contractor with the terms and conditions of this Agreement. Further, no express waiver shall affect any term or condition other than the one specified in such waiver, and that one only for the time and manner specifically stated. H. Survival. All sections of this Agreement which by their nature should survive termination will survive termination, including, without limitation, confidentiality obligations, warranties, and insurance maintenance requirements. ('011MI-UCtl011 Services A-reement I Version 1.0 31 Construction Services Agreement | Version 1.0 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 in the Contract Documents. 32 Construction Services Agreement | Version 1.0 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 I� Joe Lockwood, Mayor [CITY SEAL] Attest: Print Name: Its: City Clerk Approved as to form: City Attorney CONTRACTOR: PENCOR, LLC By: Print Name. Its: [CIRCLE ONE] Member Manager (LLC) [CORPORATE SEAL] (required if corporation) Attest/Witness: Print Name: J 10 1 r �� Its: 141ckrw,,'ny > pec., r v ((Assistant) Corporate Secretary if corporation) Construction Services Agreemernt I Version 1.0 “EXHIBIT A” ITB 21-PR01 1 | Page Bid Number: 21-PR01 Project Name: Former Milton Country Club Renovation Due Date and Time: June 29, 2021 Local Time: 2:00pm Number of Pages: 92 ISSUING DEPARTMENT INFORMATION Issue Date: May 27, 2021 City of Milton Parks & Recreation 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-PR01 Name of Company or Firm Special Instructions: Deadline for Written Questions June 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-PR01 2 | Page Table of Contents Topic Page Definitions 3 Invitation to Bid 4 Schedule of Events 5 Bidding Instructions (What must be submitted) 6 Insurance/Bond Requirements 7 Bid Form and Addenda Acknowledgement 12 Bid Bond (3 pages) 14 Qualifications Signature and Certification 17 Corporate Certificate 17 List of Subcontractors 18 Contractor Affidavit and Agreement (eVerify) 19 Disclosure Form 20 Project Specifications 21 Bid Submittal Form (2 pages) 24 EPD Air Quality Rules 26 Sample Contract Agreement 27 ITB 21-PR01 3 | Page DEFINITIONS CY: Cubic Yard ADA: Americans with Disabilities Act EA: Each GAL: Gallon LF: Lineal Feet LM: Lineal Mile LS: Lump Sum SY: Square Yard TN: Ton 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 ITB 21-PR01 4 | Page Invitation to Bid 21-PR01 The City of Milton is accepting sealed bids from qualified firms for the Exterior and Interior Renovation of the Former Milton Country Club (clubhouse) for the Parks & Recreation Department. 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 June 29, 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 must also be submitted online in the same manner listed above for bids. Deadline for questions is June 15, 2021 at 5:00 p.m. Official answers to questions and potential changes to the ITB (Addendum) will be posted at the same web location as the ITB on or about June 22, 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 City’s website for potential updates. Please refer to Bid (21-PR01) and bid name (Former Milton Country Club Renovation) 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 the required completion schedule, The City and selected contractor will negotiate a new completion date. ITB 21-PR01 5 | Page SCHEDULE OF EVENTS FOR REFERENCE ONLY - DO NOT SUBMIT WITH BID RESPONSE EVENT DATE ITB Issue Date May 27, 2021 Deadline for Receipt of Written Questions 5:00 PM on June 15, 2021 Posting of Written Answers by City to Websites on or about June 22, 2021 ITB DUE No Later than 2:00 PM on June 29, 2021 Tentative Contract Award (on/about) July 19, 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-PR01 6 | 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) 12 - 13 3 Bid Bond (3 pages) 14 - 16 4 Qualifications Signature and Certification 17 5 List of Subcontractors 18 6 Contractor Affidavit and Agreement (eVerify) 19 7 Disclosure Form 20 8 Bid Submittal Form (2 pages) 24 - 25 INFORMATION AND INSTRUCTIONS The purpose of this solicitation is to enter into a lump sum price “purchasing contract” with one firm to be the primary supplier of the Former Milton Country Club Renovation, ITB 21-PR01. 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-PR01 7 | 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. 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, representatives, employees or subcontractors. All policies shall be subject to approval by the City Attorney as to form and content. These ITB 21-PR01 8 | Page requirements are subject to amendment or waiver if so approved in writing by the City. (2) Minimum Limits of Insurance: Contractor shall maintain the following insurance policies with limits no less than: (a) Comprehensive General Liability of $1,000,000 (one million dollars) limit per single occurrence, $2,000,000 (two million dollars) umbrella, including coverage for bodily and personal injury, sickness, disease or death, injury to or destruction of property, including loss of use resulting therefrom, vandalism, property loss and theft. (b) Comprehensive Automobile Liability (owned, non-owned, hired) of $1,000,000 (one million dollars) combined single limit per occurrence for bodily and personal injury, sickness, disease or death, injury to or destruction of property, including loss of use resulting therefrom. (c) Workers' Compensation limits as required by the State of Georgia and Employers Liability limits of $1,000,000 (one million dollars) per accident. (3) Deductibles and Self-Insured Retentions: Any deductibles or self-insured retentions must be declared to and approved by the City in writing. (4) Other Insurance Provisions: The policy is to contain, or be endorsed to contain, the following provisions: (a) General Liability and Automobile Liability Coverage. (i) The City and City Parties are to be covered as insureds. The coverage shall contain no special limitations on the scope of protection afforded to the City or City Parties. (ii) The Contractor’s insurance coverage shall be primary noncontributing insurance as respects to any other insurance or self-insurance available to the City or City Parties. Any insurance or self-insurance maintained by the City or City Parties shall be in excess of the Contractor’s insurance and shall not contribute with it. (iii) Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City or City Parties. ITB 21-PR01 9 | Page (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 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 ITB 21-PR01 10 | Page 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. 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-PR01 11 | 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-PR01 12 | 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-PR01 Former Milton Country Club Renovation 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-PR01 13 | 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 __________________ 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-PR01 14 | Page [BIDDERS MUST RETURN THESE SHEETS WITH BID RESPONSE] BID BOND CITY OF MILTON, GEORGIA BIDDER (Name and Address): SURETY (Name and Address of Principal Place of Business): OWNER (hereinafter referred to as the “City” (Name and Address): City of Milton, Georgia ATTN: Purchasing Office 2006 Heritage Walk Milton, Georgia 30004 BID BID DUE DATE: PROJECT (Brief Description Including Location): BOND BOND NUMBER: DATE (Not later that Bid due date): PENAL SUM: _______________________________________________________________________ (Words) (Figures) IN WITNESS WHEREOF, Surety and Bidder, intending to be legally bound hereby to the City, subject to the terms printed below or on the reverse side hereof, do each cause this Bid Bond to be duly executed on its behalf by its authorized officer, agent or representative. BIDDER SURETY (Seal) (Seal) Bidder’s Name and Corporate Seal Surety’s Name and Corporate Seal By: By: ___________________________ Signature and Title: Signature and Title: (Attach Power of Attorney) Attest: Attest:_________________________ Signature and Title: Signature and Title: ITB 21-PR01 15 | Page Note: (1) Above addresses are to be used for giving any notice required by the terms of this Bid Bond. (2) Any singular reference to Bidder, Surety, the City or any other party shall be considered plural where applicable. 1. Bidder and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to pay to the City upon Default of Bidder the penal sum set forth on the face of this Bond. 2. Default of Bidder shall occur upon the failure of Bidder to deliver within the time required by the Bidding Documents (or any extension of that time agreed to in writing by the City) the executed Agreement required by the Bidding Documents and any performance and payment Bonds required by the Bidding Documents. 3. This obligation shall be null and void if: 3.1 The City accepts Bidder’s Bid and Bidder delivers within the time required by the Bidding Documents (or any extension of that time agreed to in writing by the City) the executed Agreement required by the Bidding Documents and any performance and payment Bonds required by the Bidding Documents; or 3.2 All Bids are rejected by the City; or 3.3 The City fails to issue a Notice of Award to Bidder within the time specified in the Bidding Documents (or any extension of that time agreed to in writing by Bidder and, if applicable, consented to by Surety when required by paragraph 5 hereof). 4. Payment under this Bond will be due and payable upon Default by Bidder within 30 calendar days after receipt by Bidder and Surety of a written Notice of Default from the City, which Notice will be given with reasonable promptness and will identify this Bond and the Project and include a statement of the amount due. 5. Surety waives notice of, as well as any and all defenses based on or arising out of, any time extension to issue a Notice of Award agreed to in writing by the City and Bidder, provided that the total time, including extensions, for issuing a Notice of Award shall not in the aggregate exceed 120 days from Bid due date without Surety’s written consent. 6. No suit or action shall be commenced under this Bond either prior to 30 calendar days after the Notice of Default required in paragraph 4 above is received by Bidder and Surety or later than one year after Bid due date. 7. Any suit or action under this Bond shall be commenced only in a court of competent jurisdiction located in the State of Georgia. ITB 21-PR01 16 | 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-PR01 17 | 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-PR01 18 | 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-PR01 19 | 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 Former Milton Country Club Renovation 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-PR01 20 | 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-PR01 21 | Page PROJECT SPECIFICATIONS SCOPE OF WORK The City of Milton Parks & Recreation Department, (City), requests that interested parties submit formal sealed bids for the Former Milton Country Club Renovation (clubhouse building). The scope of this project generally consists of full interior and exterior renovations. LINK TO FINAL CONSTRUCTION PLANS: Former Milton Country Club Renovation. https://www.cityofmiltonga.us/Home/ShowDocument?id=4610  Renovation of the Former Milton Country Club - Existing demolitions of walls has been performed for preparation of the project. Removal of existing pipes still part of general contractor scope - Kitchen will only have patching of existing ceiling and to remain locked thereafter. - Removal of detreated existing sprinkler system in basement and installation of new in basement and first floor - Exterior scope of work to consist of removal of materials on Country Club and Pool Pump house. o Removal and replacement as per plan specifications:  Existing roof shingles, gutters, downspouts and damage fascia  Existing Columns  Existing Window Sashes ** Interior trim work to remain o Construct new ADA accessible pad and ramp - Interior scope of work to consist of new finishes, millwork and fixtures throughout o Construction of new partitions for new layout of spaces o Rear stair to be brought up to code for fire rating with new handrails for egress from basement o Construction of new restrooms with new plumbing fixtures, finishes, lockers, and other specialties. ITB 21-PR01 22 | Page o Construction of new art room with millwork storage o Installation of new doors throughout o Installation of new interior signage (Owner to provide plaque and General contractor to install. o Installation of new attic access ladders  Bid Alternatives o Alternative 1 to substitute Finish T-1 with T-2 (see plan specifications) 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. ITB 21-PR01 23 | Page 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. UTILITIES Contractor shall be responsible for coordinating any utility relocation necessary to the completion of the work. 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. 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-PR01 24 | Page [BIDDERS MUST RETURN THESE SHEETS WITH BID RESPONSE] Bid Submittal Form – (page 1 of 2) Former Milton Country Club Renovation 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-PR01 25 | Page [BIDDERS MUST RETURN THIS FORM WITH BID RESPONSE] Bid Submittal Form – (page 2 of 2) Former Milton Country Club Renovation Base Bid Total: ___________________________________________________ Base Bid Amount in Words: ___________________________________________________ • Number of days to fully complete project (exclude weather related days) _______________________ Bid Alternate Total: ______________________________________________ Bid Alternate Amount in Words: _______________________________________________ • Number of days to fully complete project (exclude weather related days) _______________________ ITB 21-PR01 26 | 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 ~ ITB 21-PR01, Addendum #1 1 | Page ACKNOWLEDGEMENT RECEIPT OF ADDENDUM #1 ITB 21-PR01 Upon receipt of documents, please email, fax or mail this page to: City of Milton Attn: Honor Motes, Purchasing Office 2006 Heritage Walk Milton, GA 30004 Phone: 678-242-2500 Fax: 678-242-2499 Email: honor.motes@cityofmiltonga.us I hereby acknowledge receipt of documents pertaining to the above referenced ITB. COMPANY NAME: ___________________________________________ CONTACT PERSON: _________________________________________ ADDRESS: __________________________________________________ CITY: ___________________ STATE: ____________ ZIP: _____________ PHONE: ______________________ FAX: _________________________ EMAIL ADDRESS: ____________________________________________ ____________________________________ ______________________ Signature Date ADDENDUM #1 ITB 21-PR01, Addendum #1 2 | Page ADDENDUM #1 ITB 21-PR01 Questions and Answers This Addendum forms a part of the contract documents and modifies the original ITB documents as noted below: 1. Are the trail & path drawings correct for the renovation of the Country Club? ~ No, the hyperlinks in the original ITB document were inserted incorrectly. The correct hyperlink to the plans for the renovations to the Former Milton Country Club (clubhouse building) are provided below. These replace the hyperlinks on page 21 of the solicitation document, ITB 21-PR01, Former Milton Country Club Renovation. Corrected plan link: https://www.cityofmiltonga.us/home/showdocument?id=4762&t=637577865708981382 Newly added: Pre-Bid Meeting/Job Site Walk Opportunity *** Additionally, a pre-bid meeting/job walk opportunity will be available on Wednesday, June 9, 2021 from 2:00 p.m. – 4:00 p.m. Questions will not be taken at this visit. All questions must be submitted online via the BidNet Direct procurement portal at www.cityofmiltonga.us ITB 21-PR01, Addendum #2 1 | Page ACKNOWLEDGEMENT RECEIPT OF ADDENDUM #2 ITB 21-PR01 Upon receipt of documents, please email, fax or mail this page to: City of Milton Attn: Honor Motes, Purchasing Office 2006 Heritage Walk Milton, GA 30004 Phone: 678-242-2500 Fax: 678-242-2499 Email: honor.motes@cityofmiltonga.us I hereby acknowledge receipt of documents pertaining to the above referenced ITB. COMPANY NAME: ___________________________________________ CONTACT PERSON: _________________________________________ ADDRESS: __________________________________________________ CITY: ___________________ STATE: ____________ ZIP: _____________ PHONE: ______________________ FAX: _________________________ EMAIL ADDRESS: ____________________________________________ ____________________________________ ______________________ Signature Date ADDENDUM #2 ITB 21-PR01, Addendum #2 2 | Page ADDENDUM #2 ITB 21-PR01 Questions and Answers This Addendum forms a part of the contract documents and modifies the original ITB documents as noted below: 1. All fire alarm devices are shown as existing to remain. This includes devices on walls that are not currently existing. Please clarify extent of new fire alarm work. ~ Fire alarms on existing walls to remain. Fire alarms on new walls to be provided as new. 2. D17/D1.01 indicates we are to remove magnolia tree and replace with a Japanese Maple. There are (4) existing magnolias in this area. Are we to remove and replace all (4) or only (1)? ~ Only the 1 Magnolia on the back as indicated nearest to the building is to be removed. 3. ID7.01 Are APCO signs required, or are similar acceptable? ~ Apco are basis of design. Submittal of Alternate is acceptable for approval by Architect and City. 4. Are Pool Storage 108 and Janitor's Closet inside Women 112 the only rooms to receive REF-1? Shading seems to indicate REF-1 on front porch, back porch, top of stair, and pool deck as well. ~ Revised ID-2.51 to show floor finish in Janitor Closet inside Womens 112. Only Storage 108 & Janitor Closet to receive REF-1 5. There is an existing metal awning on the pool side of the building not addressed in these drawings. It is attached over the siding being replaced. Are we to demo the awning? ~ Metal awning, including any associated electrical, is to be removed and discarded by Contractor. 6. D13/D1.01 Indicates we are to remove and replace damaged subfloor. Are we to assume prior repairs to floor joists are sufficient for loads/meet code? Structural drawings have not been provided. ~ Contractor to review any existing structural repairs and provide structural engineer confirmation as needed. 7. Key Note R-12 on A-1.02R calls for the pool pump house to receive new board and batten siding and new shingle roofing. Please provide information that will allow for quantifying these scope items. ~ Pool pump house work is not included in this bid. 8. Please provide the daily dollar amount of liquidated damages per Section 4, Paragraph D of the Sample Contract. ~ Daily Liquidated Damages are not applicable for this project. In actual contract this section/amount will be listed as “N/A”. ITB 21-PR01, Addendum #2 3 | Page 9. Please elaborate on the meaning of the words “PEBBLE STONE” in the callout at the bottom of the First Floor – Reference Plan on A-1.01R. ~ New “pebble stone” to be pebble gravel aggregate concrete mix separate pour from adjacent concrete. Wash off top after semi-cured. Match existing on site and city standard (photo included below). 10. Key Note R-10 on A-1.01 calls for preparing the area to receive a new 20-gallon Japanese maple. Who is responsible for providing this tree? ~ General Contractor to coordinate with their landscaping subcontractor to provide and install tree. 11. Will you provide a list of site visit attendees? ~ list of attendees is provided below: 12. What is the permitting authority? Will the building permit fee be waived? ~ No permitting fee required due to being a city project. 13. Roof plan (A.3-01) calls out GAF Timberline and elevation views show Owens Corning Duration. Please clarify. ~ Revised Sheet A-3.01 to reflect Owens Corning Duration specification. 14. Floor plan key notes R-3 and R-4 refers D5/A-5.01, but there is no D5/A-5.01. Please advise. ~ Revised Sheet A-3.01 Reference to D5 changed to D3/A-5.01. 15. In the floor plan key notes R-3 mentions new Japanese Maple. Is it included in the contractor’s work scope? ~ General Contractor to coordinate with their landscaping subcontractor to provide and install tree. 16. Elevation call out 7/ID7.01 in reference plan (A1/A-1.01R) and finish floor plan (1/ID-2.01) should be 8/ID2.51. ~ Removed reference 7/ID-7.01 on Sheets A-1.01R & 1/ID-2.01. *Revised reference 7/ID-7.01 on Sheet ID-2.01 to correct elevation view 8/ID-2.51. Macallan Works Pencor Construction Pencor Construction Morgan Mitchell Hogan Construction Carter Borden Reeves Young Karen Shabazz Barfield Holt Construction Bo Bolick GME Stone Corp Wade Chappell Chappell Construction Pencor Construction Multiplex Eric Antebi Everlast Construction Gary Frantz Prime Contractors Inc K-Team Engineering & Construction Laura Stijall Tony Johnson Stanley Kim Amar Kyle Martin Kel Sirmon ITB 21-PR01, Addendum #2 4 | Page 17. Accessory schedule calls out the locker with Z-tier, but elevation view shows flat double tier. 72” high locker on top of 1’-6” bench makes the top of the locker 7’- 6” that appears too high. Elevation view doesn’t show correct height of the locker. Please clarify. ~ Elevation 2/ID-2.51 and 3/ID-2.51 revised with 60” Height specified. Elevation graphics do not symbolize z-tier style, but specification is correct. -Accessory Schedule revised to reflect correct 60” height locker specification. 18. Will AHU-1/CU-1 be replaced? HVAC equipment schedule does not have it, but keynote 9 indicates it to be replaced. Please clarify. ~ AHU-1 and CU-1 should both be tagged as existing to remain. The keynote at CU-1 and M-1.01 should be a 6, not 9. 19. Electrical power plan and mechanical plans don’t match the ID and locations of exhaust fans. Please clarify. ~ Contractor to follow mechanical plans for correct location and tags on the fans. Refer to the electrical plans and notes for circuiting information. Note that there is no EF-4 on 1/E-1.01, and EF-4 should be tagged EF-3. **Revised sheets are included in this Addendum #2. A file (pdf) for the full of set plans including revisions has been also added to this Solicitation for reference. 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. “EXHIBIT B” BID NUMBER: 21-PROl PENCOR CONSTRUCTION HOME OFA"!', N S A. ! 1. rST'ARLIS}IED 2006 Bid Number: Project Name: 21-PR01 Former Milton Country Club Renovation Due Date and Time: Parks & Recreation Department June 29, 2021 Number of Pages: 92 Local Time: 2:00pm Milton, GA 30004 ISSUING; DEPARTMENT INFORMATION Issue Date: May 27, 2021 City of Milton Phone: 678-242-2500 Parks & Recreation Department Fax: 678-242-2499 2006 Heritage Walk Website: www.cityofmiltonga.us Milton, GA 30004 Bidder FAX Number: N/A INSTRUCTIONS TO BIDDERS Electronic Submittal: **Bids must be Mark Face of Envelope/Package: submitted electronically via Milton's Bid Number: 21-PR01 BidNet procurement portal/platform at Name of Company or Firm www.cityofmiltonga.us (Please print name on�,eign in mk) John Treadway Special Instructions: Bidder FAX Number: N/A If you have not registered as a vendor Deadline for Written Questions via BidNet we encourage you to June 15, 2021 at 5:00 pm register. There is no cost to join, and johnt@pencorconstruction.com 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.cityofmiltonga.us the Georgia Purchasing Group. BIDDERS MUST COMPLETE THE FOLLOWING Bidder Name/Address: Authorized Bidder Signatory: Pencor LLC _---" 625 Sienna Dr Cumming, GA 30040 (Please print name on�,eign in mk) John Treadway Bidder Phone Number: Bidder FAX Number: N/A 678-739-6202 Bidder Federal I.D. Number: Bidder E-mail Address: 81-2238636 johnt@pencorconstruction.com BIDDERS MUST RETURN THIS COVER SHEET WITH BID RESPONSE ITB 21 -PRO I 1 I Page MILTONft ESTABLISHED 2006 [BIDDERS MUST RETURN THIS FORM WITH BID RESPONSE] BID FORM and ADDENDA ACKNOWLEDGEMENT TO: PURCHASING OFFICE CITY OF MILTON MILTON, GEORGIA 30004 Ladies and Gentlemen: In compliance with your Invitation to Bid, the undersigned, hereinafter termed the Bidder, proposes to enter into a Contract with the City of Milton, Georgia, to provide the necessary machinery, tools, apparatus, other means of construction, and all materials and labor specified in the Contract Documents or as necessary to complete the Work in the manner therein specified within the time specified, as therein set forth, for: Bid Number 21-PR01 Former Milton Country Club Renovation 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 -PRO 1 12 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 None provided. Dollars ($ (Five Percent of Amount Bid). Performance and Payment Bond may be provided upon award. 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 1 5/28/2021 2 5/28/2021 3 6/22/2021 4 6/22/2021 Bidder further declares that the full name and resident address of Bidder's Principal is as follows: Signed, sealed, and dated this 29th day of Bidder Mailing Address: 625 Sienna Dr Cumming, GA 30040 June 2021 Bidder Pencor LLC (Seal) Company Name Signature: Print Name: John Treadway Title: Managing Director ITB 21 -PRO 1 13 1 Page M I LTc) Nip WARM S f 113 1, [BIDDERS MUST RETURN THESE SHEETS W1111 BID RESPONSE] BID BOND CITY OF MILTON, GEORGIA BIDDER (Name and Address): Pencor. 625 Sienna Dr. Cumming,GA 30040 SURETY (Name and Address of Principal Place of Business): r M' st In Houston.11 1 W 7. OWNER (hereinafter referred to as the "City" (Name and Address): City of Milton, Georgia ATTN: Purchasing Office 2006 Heritage Walk Wilton, Georgia 30004 BID BID DUE DATE: June 29, 2021 PROJECT (Brief Description Including Location): Former Country Club Renovation BOND BOND NUMBER: TBD DATE (Not later that Bid due date): June 29, 2021 PENAL SUM: FIVE PERCENT of Total Amount Bid _5% (Words) (Figures) IN WITNESS WHEREOF, Surety and Bidder, intending to be legally bound hereby to the City, subject to the terms printed below or on the reverse side hereof, do each cause this Bid Bond to be duly executed on its behalf by its authorized officer, agent or representative. BIDDER SURETY Pencor, LLC (Seal) Great Mi nsurance (Seal) rate Seal Sure nd orpor al By. d Si Tit]�1 roll, Auoi3�r in -Pati Bidder's a and Co By: Sign9fbre and Titl (Attaqme- Attest: Attest: *wr Signature and Tit e: /A^a� �, fe�v ITB 21-PRO1 �% Signa*n �, A==tManw 14 g e Page Note: (1) Above addresses are to be used for giving any notice required by the terms of this Bid Bond. (2) Any singular reference to Bidder, Surety, the City or any other party shall be considered plural where applicable. 1. Bidder and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to pay to the City upon Default of Bidder the penal sum set forth on the face of this Bond. 2. Default of Bidder shall occur upon the failure of Bidder to deliver within the time required by the Bidding Documents (or any extension of that time agreed to in writing by the City) the executed Agreement required by the Bidding Documents and any performance and payment Bonds required by the Bidding Documents. 3. This obligation shall be null and void if: 3.1 The City accepts Bidder's Bid and Bidder delivers within the time required by the Bidding Documents (or any extension of that time agreed to in writing by the City) the executed Agreement required by the Bidding Documents and any performance and payment Bonds required by the Bidding Documents; or 3.2 All Bids are rejected by the City, or 3.3 The City fails to issue a Notice of Award to Bidder within the time specified in the Bidding Documents (or any extension of that time agreed to in writing by Bidder and, if applicable, consented to by Surety when required by paragraph 5 hereof). 4. Payment under this Bond will be due and payable upon Default by Bidder within 30 calendar days after receipt by Bidder and Surety of a written Notice of Default from the City, which Notice will be given with reasonable promptness and will identify this Bond and the Project and include a statement of the amount due. 5. Surety waives notice of, as well as any and all defenses based on or arising out of, any time extension to issue a Notice of Award agreed to in writing by the City and Bidder, provided that the total time, including extensions, for issuing a Notice of Award shall not in the aggregate exceed 120 days from Bid due date without Surety's written consent. 6. No suit or action shall be commenced under this Bond either prior to 30 calendar days after the Notice of Default required in paragraph 4 above is received by Bidder and Surety or later than one year after Bid due date. 7. Any suit or action under this Bond shall be commenced only in a court of competent jurisdiction located in the State of Georgia. ITB 21 -PRO 1 15 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 shag 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 shag be governed by the laws of the State of Georgia. ITB 21 -PRO 1 16 1 Page POWER OF ATTORNEY Great Midwest Insurwice Company KNOW ALL MEN BY THESE PRESENTS, that GREAT MIDWEST INSURANCE COMPANY, a Texas Corporation, with its principal offu n Houston, TX, does hereby constitute and appoint: CHANCEY J. SHEPHERD, RACHEL FELL, KAYLAN FILA, BRITTANY TRIPLETT, JOSH BRIDGES, FELISA H. VAUGHAN, SHANNON MCCLOSKEY true and lawful Attomey(s)an-Fact to make, execute, seal and deliver for, and on its behalf as surety, any and all bonds, undertakings or tinge obligatory in nature of a bond. This authority is made under and by the authority of a resolution which was passed by the Board of Directors of GREAT NCE COMPANY, on the 1't day of October, 2018 as follows: Resolved, that the President, or any officer, be and hereby is, authorized to appoint and empower any representative of the Company or person or persons as Attorney -In -Fact to execute on behalf of the Company any bonds, undertakings, policies, contracts of indemnity or other igs obligatory in nature of a bond not to exceed Ten Million dollars ($10,000,000.00), which the Company might execute through its duly elected :rs, and aiiuc the seal of the Company therelo. Any said execution of such documents by an Aitomey-In-Fact shall be as binding upon the pany as if they had been duly executed and acknowledged by the regularly elected officers of the Company. Any Attorney -In -Fact, so appointed, be removed in the Company's sole discretion and the authority so granted may be revoked as specified in the Power of Attorney. Resolved, that the signature of the President and the seal of the Company may be affixed by facsimile on any power of attorney granted the signature of the Secretary, and the seal of the Company may be affixed by facsimile to any certificate of any such power and any suct ar or certificate bearing such facsimile signature and seal shall be valid and binding on the Company. Any such power so executed and sealec certificate so executed and sealed shall, with respect to any bond of undertaking to which it is attached, continue to be valid and binding on the IN WITNESS THEREOF, GREAT MIDWEST INSURANCE COMPANY, has caused this instrument to be signed by its President, and e Seal to be affixed this 11th day of February, 2021 viwo MIFF S" ACKNOWLEDGEMENT CrT:7zk'si_11CY"j=�iiaI;L1U:7_1;lei ,U_jl:11 BY 1404 4J _� Mark W. Haushill President On this 11th day of February, 2021, before me, personally came Mark W. Haushill to me known, who being duly swom, did depose that he is the President of GREAT MIDWEST INSURANCE COMPANY, the corporation described in and which executed the above instrun he executed said instrument on behalf of the corporation by authority of his office under the By-laws of said corporation. CHRISTINA BISHOP � %Nolary Public, Stato of Taxes BY Comm. Expires 04-14-2025 0 No1sxY ID 131090498 CERTIFICATE Christina Bishop Notary Public I, the undersigned, Secretary of GREAT MIDWEST INSURANCE COMPANY, A Texas Insurance Company, DO HEREBY CERTIFY original Power of Attorney of which the foregoing is a true and torr ct copy, is in full force and effect and has not been revoked and the resolut set forth are now in force. neo and Sealed at Houston, TX this " ` Da of d COWO PATE SM 9Y r%J t• — Leslie K. Shaunty_,- Secretary i. Any person who knowingly and with intimi to defraud any insurance company or other parson, files and application for insurance of clai any materially false Inforrttetlon, or conceals for the purpo" of misleading, Irrforrnatlon concerning any fact material therelo, commits Inv urance act, which is a crime and subjects such pereon to erk+nlrnd and civil pal rMUme. i ESTADLI5I IED 2004 [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. 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 1 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 vialat any respect. Authorized SignatureDate June 29, 2921 Zt.Print/Type Name John Treadway Print/Type Company Name Here Pencor LLC CORPORATE CERTIFICATE 1, Jeremy Taimanglo , certify that I am the Secretary of the Corporation named as Contractor in the foregoing bid; that John Treadway who signed said bid in behalf of the Contractor, was then (title) Managing Director 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 Georaia This 29th day of June , 20 21 '1 (Seal) (S nat re) ITB 21 -PRO 1 17 1 Page VITTONJ It ESTABLISHED 2006 [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: DEMOLITION SE Demolition Services LANDSCAPING New Leaf Lawn and Landscape CONCRETE Skyren Concrete Construction MISC METALS A&R Ironworks MILLWORK INTERIOR/EXTERIOR CARPENTRY BUILDING INSULATION ROOFING DOORS, FRAMES & HARDWARE DOOR INSTALLATION GARAGE DOOR GLASS & GLAZING WINDOWS DRYWALL & CEILINGS RESILIENT FLOORING & TILE PAINTING SIGNAGE MISC SPECIALTIES FIRE PROTECTION PLUMBING HVAC ELECTRICAL FIRE ALARM Viacon Inc. S & W Installs, LLC Foam First Insulators New Image Roofing Atlanta Thomas Group, Inc. FXA Doors and Hardware LLC Aaron Overhead Doors LLC Atlanta Interior Glazing Pella Windows and Doors of GA S & W Installs, LLC Atlanta Commercial Flooring American Cleaning & Coatings Inc. CanAm Signs & Imaging WCS LLC Century Fire Protection, LLC Intelligent Plumbing Iketown Mechanical Atlantech Electric Twelve & Associates, LLC ITB 21 -PRO 1 18 1 Page i ESDOLISIIED 2006 [BIDDERS MUST RETURN THIS FORM WITH BID RESPONSE] CONTRACTOR AFFIDAVIT AND AGREEMENT STATE OF GEORGIA CITY OF MILTON By executing this affidavit, the undersigned contractor verifies its compliance with O.C.G.A. § 13- 110-9i, 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. 1530349 eVerify Number April 5, 2019 Date of Authorization _P_encor LLC Name of Contractor Former Milton Country Club Renovation 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 June . 29, 20Z in Alpharetta (city), GA (state). Signature of Authorize fiver or Agent Printed Name or ie of Authorized Officer or Agent Jahn Treadway, Managing Director SUBSCRIBED AND SWORN BEFORE ME ON THIS THE 7_`i-" DAY OF,1-0N9, —,202.L. e <C K6TAO PUBLIC [NOTARY SEAL] My Commission Expires, 19 +`+11147TAIJ u fI1111 t/r�I ,o; �+{• F.XPIRF� GEORGIA t Much 09-10--4 ++� SON GO+•w'�: f ESTABLISHED 27 [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 Pencor LLC Name and the official position of the Milton Official to whom the campaign contribution was made (Please use a separate form for each official to whom a contribution has been made in the past two (2) years.) None List the dollar amount/value and description of each campaign contribution made over the past two (2) years by the Applicant/Opponent to the named Milton Official. Amount/Value Description None None None None 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: None None None None ITB 21-PR01 20 1 P a g ee k � ESTABLISHED 2006 [BIDDERS MUST RETURN THESE SHEETS WITH BID RESPONSE] Bid Submittal Form - (page 1 of 2) Former Milton Country Club Renovation 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 Pencor LLC ADDRESS 625 Sienna Dr, Cumming, GA 30040 AUTHORIZED SIGNATURE 4L, PRINT / TYPE NAME John Treadway TITLE Managing Director ITB 21 -PRO 1 24 1 Page MILTONIr, ESTABLISHLD 2006 [BIDDERS MUST RETURN THIS FORM WITH BID RESPONSE] Bid Submittal Form - (page 2 of 2) Former Milton Country Club Renovation Base Bid Total: $849,844.00 Eight Hundred Forty -Nine thousand eight hundred forty-four Base Bid Amount in Words: dollars and zero cents. • Number of days to fully complete project (exclude weather related days) 84 days -$1,775.00 Bid Alternate Total: Negative one thousand seven hundred seventy-five Bid Alternate Amount in Words: dollars and zero cents. • Number of days to fully complete project (exclude weather related days) 84 days ASSUMPTIONS & CLARIFICATIONS 1 New interior or exterior window treatments have not been specified or included. 2 The digital information board has not been specified or included. ITB 21 -PRO 1 25 1 Page INSR ADDL SUBR LTR INSR WVD DATE (MM/DD/YYYY) PRODUCER CONTACT NAME: FAXPHONE (A/C, No):(A/C, No, Ext): E-MAIL ADDRESS: INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : POLICY NUMBER POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY)(MM/DD/YYYY) COMMERCIAL GENERAL LIABILITY AUTOMOBILE LIABILITY UMBRELLA LIAB EXCESS LIAB WORKERS COMPENSATION AND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) AUTHORIZED REPRESENTATIVE INSURER(S) AFFORDING COVERAGE NAIC # Y / N N / A (Mandatory in NH) ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? EACH OCCURRENCE $ DAMAGE TO RENTED $PREMISES (Ea occurrence)CLAIMS-MADE OCCUR MED EXP (Any one person)$ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ $ PRO- OTHER: LOCJECT COMBINED SINGLE LIMIT $(Ea accident) BODILY INJURY (Per person)$ANY AUTO OWNED SCHEDULED BODILY INJURY (Per accident)$AUTOS ONLY AUTOS AUTOS ONLY HIRED PROPERTY DAMAGE $AUTOS ONLY (Per accident) $ OCCUR EACH OCCURRENCE $ CLAIMS-MADE AGGREGATE $ DED RETENTION $$ PER OTH- STATUTE ER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ If yes, describe under E.L. DISEASE - POLICY LIMIT $DESCRIPTION OF OPERATIONS below POLICY NON-OWNED SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer any rights to the certificate holder in lieu of such endorsement(s). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: CERTIFICATE HOLDER CANCELLATION © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORDACORD 25 (2016/03) ACORDTM CERTIFICATE OF LIABILITY INSURANCE Selective Way Insurance Company 07/20/2021 McGriff Insurance Services 741 West Lanier Avenue Suite 100 Fayetteville, GA 30214 GA Certificate Team 770 471-7100 877 657-1559 CertificatesGA@mcgriff.com Pencor, LLC 625 Sienna Drive Cumming, GA 30040 26301 A X X X X S2448564 07/08/2021 07/08/2022 1,000,000 500,000 15,000 1,000,000 3,000,000 3,000,000 A X X X X X S2448564 07/08/2021 07/08/2022 1,000,000 A X X X 0 S2448564 07/08/2021 07/08/2022 5,000,000 5,000,000 A N X WC9071687 07/08/2021 07/08/2022 X 1,000,000 1,000,000 1,000,000 ** See Attached Form ** CG7300 01/19 - ElitePac General Liability Extension Endorsement CG7921 01/19 - Additional Insured - Owners, Lessees Or Contractors - Completed Operations - Automatic Status When Required In Construction Agreement With You CA7809 11/17 - ElitePac Commercial Automobile Extension (See Attached Descriptions) City of Milton, Georgia 2006 Heritage Walk Milton, GA 30004 1 of 2 #S28420659/M28420541 79PENCOLLCClient#: 2181348 5AM 1 of 2 #S28420659/M28420541 SAGITTA 25.3 (2016/03) DESCRIPTIONS (Continued from Page 1) WC000313 04/84 - Waiver Of Our Right To Recover From Others Endorsement Project: Former Milton Country Club Renovation 2 of 2 #S28420659/M28420541 ElitePac® General Liability Extension Endorsement COMMERCIAL GENERAL LIABILITY CG 73 00 01 19 SUMMARY OF COVERAGES (including index) This is a summary of the various additional coverages and coverage modifications provided by this endorsement. No coverage is provided by this summary. Refer to the actual endorsement (Pages 3-through-9) for changes affecting your insurance protection. DESCRIPTION PAGE FOUND Additional Insureds - Primary and Non-Contributory Provision Page 8 Blanket Additional Insureds - As Required By Contract Page 5 Owners, Lessees or Contractors (includes Architects, Engineers or Surveyors Lessors of Leased Equipment Managers or Lessors of Premises Mortgagees, Assignees and Receivers Any Other person or organization other than a joint venture Grantors of Permits Broad Form Vendors Coverage Page 7 Damage To Premises Rented To You (Including Fire, Lightningor Explosion)Page 3 Electronic Data Liability ($100,000)Page 4 Employee Definition Amended Page 9 Employees As Insureds Modified Page 5 Employer’s Liability Exclusion Amended (Not applicable in New York)Page 3 Incidental Malpractice Exclusion modified Page 7 Knowledge of Occurrence, Claim, Suit or Loss Page 7 Liberalization Clause Page8 Mental Anguish Amendment (Not applicable to New York)Page 9 Newly Formed or Acquired Organizations Page 5 Non-Owned Aircraft Page 3 Non-Owned Watercraft (under 60 feet)Page 3 Not-for-profit Members - as additional insureds Page 5 Personal And Advertising Injury - Discrimination Amendment (Not applicable in New York)Page 8 Products Amendment (Medical Payments)Page 4 Supplementary Payments Amended - Bail Bonds ($5,000) and Loss of Earnings ($1,000)Page 4 Two or More Coverage Parts or Policies Issued By Us Page 8 Unintentional Failure to Disclose Hazards Page 8 Waiver of Transfer of Rights of Recovery (subrogation)Page 8 When Two or More Coverage Parts of this Policy Apply to a Loss Page 3 Copyright, 2018 Selective Insurance Company of America. All rights reserved.CG 73 00 01 19 Includes copyrighted material of Insurance Services Office, Inc., with its permission.Page 1 of 9 ˝¸˛ø˝ —˙˝¸˛ø˝ —˙˝¸˛ø˝ —˙˝¸˛ø˝ —˙˝¸˛ø˝ —˙˝¸˛ø˝ —˙˝¸˛ø˝ —˙˝¸˛ø˝ —˙˝¸˛ø˝ —˙˝¸˛ø˝ —˙˝¸˛ø˝ —˙˝¸˛ø˝ —˙˝¸˛ø˝ —˙˝¸˛ø˝ —˙˝¸˛ø˝ —˙˝¸˛ø˝ —˙˝¸˛ø˝ —˙˝¸˛ø˝ —˙˝¸˛ø˝ —˙˝¸˛ø˝ —˙˝¸˛ø˝ —˙˝¸˛ø˝ —˙˝¸˛ø˝ —˙˝¸˛ø˝ —˙˝¸˛ø˝ —˙˝¸˛ø˝ —˙˝¸˛ø˝ —˙˝¸˛ø˝ —˙˝¸˛ø˝ —˙˝¸˛ø˝ —˙˝¸˛ø˝ —˙˝¸˛ø˝ —˙˝¸˛ø˝ —˙˝¸˛ø˝ —˙˝¸˛ø˝ —˙ Pencor, LLC S2448564 THIS PAGE IS INTENTIONALLY LEFT BLANK. Copyright, 2018 Selective Insurance Company of America. All rights reserved.CG 73 00 01 19 Includes copyrighted material of Insurance Services Office, Inc., with its permission.Page 2 of 9 ˝¸˛ø˝ —˙˝¸˛ø˝ —˙˝¸˛ø˝ —˙˝¸˛ø˝ —˙˝¸˛ø˝ —˙˝¸˛ø˝ —˙˝¸˛ø˝ —˙˝¸˛ø˝ —˙˝¸˛ø˝ —˙˝¸˛ø˝ —˙˝¸˛ø˝ —˙˝¸˛ø˝ —˙˝¸˛ø˝ —˙˝¸˛ø˝ —˙˝¸˛ø˝ —˙˝¸˛ø˝ —˙˝¸˛ø˝ —˙˝¸˛ø˝ —˙˝¸˛ø˝ —˙˝¸˛ø˝ —˙˝¸˛ø˝ —˙˝¸˛ø˝ —˙˝¸˛ø˝ —˙˝¸˛ø˝ —˙˝¸˛ø˝ —˙˝¸˛ø˝ —˙˝¸˛ø˝ —˙˝¸˛ø˝ —˙˝¸˛ø˝ —˙˝¸˛ø˝ —˙˝¸˛ø˝ —˙˝¸˛ø˝ —˙˝¸˛ø˝ —˙˝¸˛ø˝ —˙˝¸˛ø˝ —˙ ElitePac® General Liability Extension Endorsement COMMERCIAL GENERAL LIABILITY CG 73 00 01 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies the insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART The SECTIONS of the Commercial General Liability Coverage Form identified in this endorsement will be amended as shown below. However, if (a) two or more Coverage Parts of this policy, or (b) two or more forms or endorsements within the same Coverage Part apply to a loss,coverage provision(s) with the broadest language will apply, unless specifically stated otherwise within the particular amendment covering that loss. With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. COVERAGES - Amendments SECTION I - COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY EXCLUSIONS Employer’s Liability Amendment (This provision is not applicable in the State of New York). The following is added to Exclusion e.Employer’s Liability under COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY, 2. Exclusions: This exclusion also does not apply to any “temporary worker”. Non-Owned Aircraft, Auto or Watercraft A.Paragraph (2)of Exclusion g. Aircraft, Auto Or Watercraft under COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY, 2. Exclus- ions is deleted in its entirety and replaced with the following: (2)A watercraft you do not own that is: (a)Less than 26 feet long and not being used to carry persons or property for a charge; or (b)At least 26 feet, but less than 60 feet long, and not being used to carry persons or property for a charge. Any person is an insured who uses or is responsible for the use of such watercraft with your expressed or implied consent. However, if the insured has any other valid and collectible insurance for “bodily injury” or “property damage” that would be covered under this provision, or on any other basis, this coverage is then excess, and subject to Condition 4. Other Insurance, b. Excess Insurance under SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS. B.The following is added to Exclusion g. Aircraft, Auto Or Watercraft under COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY, 2. Exclusions: This exclusion doesnot apply to: (6) Any aircraft, not owned or operated by any insured, which is hired, chartered or loaned with a paid crew. However, if the insured has any other valid and collectible insurance for “bodily injury” or “property damage” that would be covered under this provision, or on any other basis, this coverage is then excess, and subject to Condition 4. Other Insurance, b. Excess Insurance under SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS. Damage To Premises Rented to You A. The last paragraph of Paragraph 2. Exclusions under COVERAGE A BODILY INJURY AND PROPERTY DAMAGE is deleted in its entirety and replaced with the following: Exclusions c. through n.do not apply to damage by fire, lightningor explosion to premises rented to you or temporarily occupied by you with the permission of the owner. A separate limit of insurance applies to this coverage as described in SECTION III - LIMITS OF INSURANCE. Copyright, 2018 Selective Insurance Company of America. All rights reserved.CG 73 00 01 19 Includes copyrighted material of Insurance Services Office, Inc., with its permission.Page 3 of 9 ˝¸˛ø˝ —˙˝¸˛ø˝ —˙˝¸˛ø˝ —˙˝¸˛ø˝ —˙˝¸˛ø˝ —˙˝¸˛ø˝ —˙˝¸˛ø˝ —˙˝¸˛ø˝ —˙˝¸˛ø˝ —˙˝¸˛ø˝ —˙˝¸˛ø˝ —˙˝¸˛ø˝ —˙˝¸˛ø˝ —˙˝¸˛ø˝ —˙˝¸˛ø˝ —˙˝¸˛ø˝ —˙˝¸˛ø˝ —˙˝¸˛ø˝ —˙˝¸˛ø˝ —˙˝¸˛ø˝ —˙˝¸˛ø˝ —˙˝¸˛ø˝ —˙˝¸˛ø˝ —˙˝¸˛ø˝ —˙˝¸˛ø˝ —˙˝¸˛ø˝ —˙˝¸˛ø˝ —˙˝¸˛ø˝ —˙˝¸˛ø˝ —˙˝¸˛ø˝ —˙˝¸˛ø˝ —˙˝¸˛ø˝ —˙˝¸˛ø˝ —˙˝¸˛ø˝ —˙˝¸˛ø˝ —˙ B. Paragraph 6.under SECTION III - LIMITS OF INSURANCE is deleted in its entirety and replaced withthe following: 6.Subject to Paragraph 5. above, the most we will pay under COVERAGE A for damages because of “property damage” to any one premises, while rented to you, orin the case of damage caused by fire, lightningor explosion, while rented to you or temporarily occupied by you with permission of the owner, for all such damage caused by fire, lightningor explosionproximately caused by the same event, whether such damage results from fire, lightning or explosion or any combination of thethree, is the amount shown inthe Declara- tions for the Damage To Premises Rented To You Limit. C. Paragraph a.of Definition 9. “Insured contract” under SECTION V - DEFINITIONS is deleted in its entirety and replaced with the following: a.A contract for a lease of premises. However, that portion of the contract for a lease of premises thatindemnifies any person or organization for damage by fire, lightning or explosion to premises while rented to you or temporarily occupied by you with the permission of the owner is not an “insured contract”; Electronic Data Liability A.Exclusion p.Access or Disclosure Of Confidential Or Personal Information And Data-related Liability under COVERAGE ABODILY INJURY AND PROPERTY DAMAGE LIABILITY, 2. Exclusions is deleted in its entirety and replaced by the following: p.Access or Disclosure Of Confidential Or Personal Information And Data-related Liability Damages arising out of: (1)Any access to or disclosure of any person’s or organization’sconfidential or personal information, including patents, trade secrets, processing methods, customer lists, financial information, credit card information or any other type of nonpublic information; or (2)The loss of, loss of use of, damage to, corruption of, inability to access, or inability to manipulate “electronic data” that does not result from physical injury to tangible property. This exclusion applies even if damages are claimed for notification costs, credit monitoring expenses, forensic expenses, public relations expenses or any other loss, cost or expense incurred by you or others arising out of that which is described in Paragraph (1)or (2) above. B.The following paragraph is added to SECTION III - LIMITS OF INSURANCE: Subject to 5. above, the most we will pay under COVERAGE A for “property damage” because of all loss of “electronic data” arising out of any one “occurrence” is a sub-limit of $100,000. SECTION I - COVERAGE C MEDICAL PAYMENTS EXCLUSIONS Any Insured Amendment Exclusion a. Any Insured under COVERAGE C MEDICAL PAYMENTS, 2. Exclusions is deletedin its entirety and replaced with the following: a.Any Insured To any insured. This exclusion does not apply to: (1) “Not-for-profit members”; (2)“Golfing facility” members who are not paid a fee, salary, or other compensation;or (3) “Volunteer workers”. This exclusion exception does not apply if COVERAGE C MEDICAL PAYMENTS is excluded by another endorsement to this Coverage Part. Product Amendment Exclusion f. Products-Completed Operations Hazard under COVERAGE C MEDICAL PAYMENTS, 2. Exclusions is deleted in its entirety and replaced with the following: f.Products-Completed Operations Hazard Included within the “products-completed operations hazard”. This exclusiondoes not apply to “your products” sold for use or consumption on your premises, while such products are still on your premises. This exclusion exception, does not apply if COVERAGE C MEDICAL PAYMENTS is excluded by another endorsement to this CoveragePart. SECTION I - SUPPLEMENTARY PAYMENTS - COVERAGES A AND B Expenses For Bail Bonds And Loss Of Earnings A. Subparagraph 1.b. under SUPPLEMENTARY PAYMENTS - COVERAGES A AND B is deleted in its entirety and replaced with the following: b.Up to $5,000 forcost of bail bonds required because ofaccidents or traffic law violations arising out of the use of any vehicle to which Bodily Injury Liability Coverage applies. We do not have to furnish these bonds. Copyright, 2018 Selective Insurance Company of America. All rights reserved.CG 73 00 01 19 Includes copyrighted material of Insurance Services Office, Inc., with its permission.Page 4 of 9 ˝¸˛ø˝ —˙˝¸˛ø˝ —˙˝¸˛ø˝ —˙˝¸˛ø˝ —˙˝¸˛ø˝ —˙˝¸˛ø˝ —˙˝¸˛ø˝ —˙˝¸˛ø˝ —˙˝¸˛ø˝ —˙˝¸˛ø˝ —˙˝¸˛ø˝ —˙˝¸˛ø˝ —˙˝¸˛ø˝ —˙˝¸˛ø˝ —˙˝¸˛ø˝ —˙˝¸˛ø˝ —˙˝¸˛ø˝ —˙˝¸˛ø˝ —˙˝¸˛ø˝ —˙˝¸˛ø˝ —˙˝¸˛ø˝ —˙˝¸˛ø˝ —˙˝¸˛ø˝ —˙˝¸˛ø˝ —˙˝¸˛ø˝ —˙˝¸˛ø˝ —˙˝¸˛ø˝ —˙˝¸˛ø˝ —˙˝¸˛ø˝ —˙˝¸˛ø˝ —˙˝¸˛ø˝ —˙˝¸˛ø˝ —˙˝¸˛ø˝ —˙˝¸˛ø˝ —˙˝¸˛ø˝ —˙ B. Subparagraph 1.d. under SUPPLEMENTARY PAYMENTS - COVERAGES A AND B is deleted in its entirety and replaced with the following: d.All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or “suit”, including actual loss of earnings up to $1,000 a day because of time off from work. SECTION II - WHO IS AN INSURED - Amendments Not-for-Profit Organization Members The following paragraph is added to SECTION II - WHO IS AN INSURED: If you are an organization other than a partnership, joint venture, or a limited liability company, and you are a not- for-profit organization,the following are included as additional insureds: 1.Your officials; 2.Your trustees; 3.Your members; 4.Your board members; 5.Your commission members; 6.Your agency members; 7.Your insurance managers; 8.Your elective or appointed officers; and 9.Your “not-for-profit members”. However only with respect to their liability for your activities or activities they perform on your behalf. Employees As Insureds Modified A.Subparagraph 2.a.(1)(a)under SECTION II - WHO IS AN INSURED does not apply to “bodily injury” to a“temporary worker” caused by a co-“employee” who is not a “temporary worker”. B.Subparagraph 2.a.(2)under SECTION II - WHO IS AN INSURED does not apply to “property damage” tothe property of a “temporary worker” or “volunteer worker” caused by a co-“employee” who is not a “temporary worker” or “volunteer worker”. C.Subparagraph 2.a.(1)(d) under SECTION II - WHO IS AN INSURED does not applyto “bodily injury” caused by cardio-pulmonary resuscitation or first aid services administered by a co-“employee”. With respect to this provisiononly, Subparagraph (1) of Exclusion 2. e. Employer’s Liability under SECTION I - COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY does not apply. Newly Formed Or Acquired Organizations A. Subparagraph 3.a.under SECTION II - WHO IS AN INSURED is deleted in its entirety and replaced with the following: a. Coverage under this provision isafforded only untilthe 180th day after you acquire or form the organizationor the end of the policy period, whichever is earlier. However, COVERAGE A does not apply to “bodily injury” or “property damage” that occurred before you acquired or formedthe organization. B. The following paragraph is added to SECTION II - WHO IS AN INSURED,Paragraph 3: If you are engaged in the business of con- struction of dwellings three stories or less in height, or other buildings three stories or less in height and less than 25,000 square feet in area, you will also be an insured with respect to “your work” only, for the period of time described above, for your liability arising out of the conduct of any partnership or joint venture of which you are or were a member, even if that partnership or joint venture is not shown as a Named Insured. However, this provision only applies if you maintain or maintained an interest of at least fifty percent in that partnership or joint venture for the period of that partnership or joint venture. This provision does not apply to any partnership or joint venture that has been dissolved or otherwise ceased to function for more than thirty-six months. With respect to the insurance provided by this provision, Newly Formed or Acquired Organizations, the following is added to SECTION IV - COMMERCIAL GENERAL LIABILITY, Paragraph 4. Other Insurance, Subparagraph b. Excess Insurance: The insurance provided by this provision, Newly Formed or Acquired Organizations,is excess over any other insurance available to the insured, whether primary, excess, contingent or on any other basis. (All other provisions of this section remain unchanged) Blanket Additional Insureds - As Required By Contract Subject to the Primary and Non-Contributory provision set forth in this endorsement, SECTION II - WHO IS AN INSURED is amended to include as an additional insured: A. Owners, Lessees or Contractors/Architects, Engineers and Surveyors 1.Any person or organization for whomyou are performing operations when you and such person or organization have agreed in a written contract, written agreement or written permit that such person or organization be added as an additional insured on your commercial general liability policy; and Copyright, 2018 Selective Insurance Company of America. All rights reserved.CG 73 00 01 19 Includes copyrighted material of Insurance Services Office, Inc., with its permission.Page 5 of 9 ˝¸˛ø˝ —˙˝¸˛ø˝ —˙˝¸˛ø˝ —˙˝¸˛ø˝ —˙˝¸˛ø˝ —˙˝¸˛ø˝ —˙˝¸˛ø˝ —˙˝¸˛ø˝ —˙˝¸˛ø˝ —˙˝¸˛ø˝ —˙˝¸˛ø˝ —˙˝¸˛ø˝ —˙˝¸˛ø˝ —˙˝¸˛ø˝ —˙˝¸˛ø˝ —˙˝¸˛ø˝ —˙˝¸˛ø˝ —˙˝¸˛ø˝ —˙˝¸˛ø˝ —˙˝¸˛ø˝ —˙˝¸˛ø˝ —˙˝¸˛ø˝ —˙˝¸˛ø˝ —˙˝¸˛ø˝ —˙˝¸˛ø˝ —˙˝¸˛ø˝ —˙˝¸˛ø˝ —˙˝¸˛ø˝ —˙˝¸˛ø˝ —˙˝¸˛ø˝ —˙˝¸˛ø˝ —˙˝¸˛ø˝ —˙˝¸˛ø˝ —˙˝¸˛ø˝ —˙˝¸˛ø˝ —˙ 2.Any other person or organization, including any architects, engineers or surveyors not engaged by you,whom you are required to add as an additional insured under your policyin the contract or agreement in Paragraph 1. above: Suchperson or organization is an additional insured only with respect to liability for “bodily injury”, “property damage” or “personal and advertising injury” caused, in whole or in part, by: a.Your acts or omissions; or b.The acts of omissions of those acting on your behalf; in the performance of your ongoing operations performed for the additional insuredin Paragraph 1., above. However, this insurance does not apply to: “Bodily injury”,“property damage” or “personal and advertising injury” arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services by or for you, including: a.The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifi- cations; and b.Supervisory, inspection, architectural or engineering activities. Professional services do not include services within construction means, methods, techniques, sequences and procedures employed by you in connection with your operations in your capacity as aconstruction contractor. A person or organization’s status as an additional insured under this endorsement ends when your operations for the person or organization described in Paragraph 1. above are completed. B.Other Additional Insureds Any of the followingpersons or organizations with whom youhave agreed in a written contract, written agreement or written permit that such persons or organizations be added as an additional insured on your commercial general liability policy: 1.Lessors of Leased Equipment Any person or organization from whom you lease equipment, but only with respect to liability for “bodily injury”,“property damage” or “per- sonal and advertising injury” caused, in whole or in part, by your maintenance, operation or use of equipment leased to you by such person or organization. With respect to the insurance afforded to these additional insureds, this insurance does not apply to any “occurrence” which takes place after the equipment lease expires. 2. Managers or Lessors of Premises Any person or organization from whom you lease premises, but only with respect to liability arising out of the ownership, maintenance or use of that part of the premises leased to you. This insurance does not apply to any “occur- rence” which takes place after you cease to be a tenant ofthat premises. 3. Mortgagees, Assignees or Receivers Any person or organization with respect to their liability as mortgagee, assignee or receiver and arising out of the ownership, maintenance or use of your premises. This insurance does not apply to any “occurrence” which takes place after the mortgage is satisfied, or the assignment or receivership ends. 4. Any Person or Organization Other Than A Joint Venture Any person or organization (other than a joint venture of which you are a member), but only with respect to liability for “bodily injury”, “property damage” or “personal and advertising injury” caused, in whole or in part, by your acts or omissions or the acts of omissions of those acting on your behalf in the performance of your ongoing operations or in connection with property owned by you. 5.State or Governmental Agency or Political Subdivision - Permits or Authorizations Any state or governmental agency or subdivision or political subdivision, but only with respect to: a.Operations performedby you or on your behalf for which the state or governmental agency or subdivision or political subdivision has issued a permit or authorization; or b.The following hazards for which the state or governmental agency or subdivision or political subdivision has issued a permit or authorization in connection with premises you own, rent or control and to which this insurance applies: Copyright, 2018 Selective Insurance Company of America. All rights reserved.CG 73 00 01 19 Includes copyrighted material of Insurance Services Office, Inc., with its permission.Page 6 of 9 ˝¸˛ø˝ —˙˝¸˛ø˝ —˙˝¸˛ø˝ —˙˝¸˛ø˝ —˙˝¸˛ø˝ —˙˝¸˛ø˝ —˙˝¸˛ø˝ —˙˝¸˛ø˝ —˙˝¸˛ø˝ —˙˝¸˛ø˝ —˙˝¸˛ø˝ —˙˝¸˛ø˝ —˙˝¸˛ø˝ —˙˝¸˛ø˝ —˙˝¸˛ø˝ —˙˝¸˛ø˝ —˙˝¸˛ø˝ —˙˝¸˛ø˝ —˙˝¸˛ø˝ —˙˝¸˛ø˝ —˙˝¸˛ø˝ —˙˝¸˛ø˝ —˙˝¸˛ø˝ —˙˝¸˛ø˝ —˙˝¸˛ø˝ —˙˝¸˛ø˝ —˙˝¸˛ø˝ —˙˝¸˛ø˝ —˙˝¸˛ø˝ —˙˝¸˛ø˝ —˙˝¸˛ø˝ —˙˝¸˛ø˝ —˙˝¸˛ø˝ —˙˝¸˛ø˝ —˙˝¸˛ø˝ —˙ (1)The existence, maintenance, repair, construction, erection or removal of advertising signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoist away openings, sidewalk vaults, street banners or decorations and similar exposures; (2)The construction, erection or removalof elevators; or (3)The ownership, maintenance or useof anyelevators covered by this insurance. This insurance does not apply to: (a)“Bodily injury”or “property damage” arising out of operations performed for the federal government, state or municipality; or (b)“Bodily injury” or “property damage” included within the “products- completed operations hazard”. With respect to Paragraphs 2. through 4., this insurance does not apply to structural alterations, new construction or demolition operations performed by or on behalf of such person or organization. The provisions of this coverage extension do not apply unless the written contract or written agreement has beensigned by the Named Insuredor written permit issued prior to the “bodily injury” or “property damage” or “personal and advertising injury”. Broad Form Vendors Coverage Subject to the Primary and Non-Contributory provision set forth in this endorsement, SECTION II - WHO IS AN INSURED is amended to include as an additional insured any person or organization (referred to below as vendor) for whom you have agreed in a written contract or written agreement to provide coverage as an additional insured under your policy. Such person or organization is an additional insured only with respect to “bodily injury” or “property damage” arising out of “your products” which are distributed or sold in the regular course of the vendor’s business. However, the insurance afforded the vendor does not apply to: a.“Bodily injury” or “property damage” for which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement; however this exclusion does not apply to liability for damages that the vendor would have in the absence of the contract or agreement; b.Any express warranty unauthorized by you; c.Any physical or chemical change in the product made intentionally by the vendor; d.Repackaging, unless unpacked solely for the purpose of inspection, demonstration, testing, or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container; e.Any failure to make such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business in connection with the sale of the product; or f.Products which, after distribution or sale by you, have been labeled or re-labeled or used as a container, part of ingredient of any other thing or substance by or for the vendor; however this insurance does not apply to any insured person or organization, from who you have acquired such products, or any ingredient, part or container, entering into, accompanying or con- taining such products. The provisions of this coverage extension do not apply unless the written contract or written agreement has beensigned by the Named Insuredprior to the “bodily injury” or “property damage”. Incidental Malpractice Subparagraph 2.a.(1)(d)under SECTION II - WHO IS AN INSURED is deleted in its entirety and replaced with the following: (d)Arising out of his or her providing or failing to provide professional health care services. This does not apply to nurses, emergency medical technicians or paramedics if you are notin the business or occupation of providing any such professional services. This also does not apply to “bodily injury” caused by cardio-pulmonary resuscitation or first aid services administered by a co-“employee”. This provision does not apply ifyou are aSocial Service or Senior Living risk. SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS - Amendments Knowledge Of Occurrence, Claim, Suit Or Loss The following is added to Paragraph 2. Duties in the Event of Occurrence, Offense, Claim or Suit under SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS: The requirements under this paragraphdo not apply until after the “occurrence” or offense is known to: 1.You, if you are an individual; 2.A partner, if you are a partnership; Copyright, 2018 Selective Insurance Company of America. All rights reserved.CG 73 00 01 19 Includes copyrighted material of Insurance Services Office, Inc., with its permission.Page 7 of 9 ˝¸˛ø˝ —˙˝¸˛ø˝ —˙˝¸˛ø˝ —˙˝¸˛ø˝ —˙˝¸˛ø˝ —˙˝¸˛ø˝ —˙˝¸˛ø˝ —˙˝¸˛ø˝ —˙˝¸˛ø˝ —˙˝¸˛ø˝ —˙˝¸˛ø˝ —˙˝¸˛ø˝ —˙˝¸˛ø˝ —˙˝¸˛ø˝ —˙˝¸˛ø˝ —˙˝¸˛ø˝ —˙˝¸˛ø˝ —˙˝¸˛ø˝ —˙˝¸˛ø˝ —˙˝¸˛ø˝ —˙˝¸˛ø˝ —˙˝¸˛ø˝ —˙˝¸˛ø˝ —˙˝¸˛ø˝ —˙˝¸˛ø˝ —˙˝¸˛ø˝ —˙˝¸˛ø˝ —˙˝¸˛ø˝ —˙˝¸˛ø˝ —˙˝¸˛ø˝ —˙˝¸˛ø˝ —˙˝¸˛ø˝ —˙˝¸˛ø˝ —˙˝¸˛ø˝ —˙˝¸˛ø˝ —˙ 3.An “executive officer” or insurance manager, if you are a corporation; 4.Your members, managers or insurance manager, if you are a limited liability company; or 5.Your elected or appointed officials, officers, members, trustees, board members, commission members, agency members, or your administrator or your insurance manager if you are an organization other than a partnership, joint venture, or limited liability company. Primary and Non-Contributory Provision The following is added to Paragraph 4. Other Insur- ance, b.ExcessInsurance under SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS: This insurance is primary to and we will not seek contribution from any other insurance available to an additional insured under this policy provided that: (1)The additional insured is a Named Insured under such other insurance;and (2)You have agreed in a written contract, written agreement orwritten permit that this insurance would be primary and would not seek contribution from any other insuranceavailable to the additional insured. Unintentional Failure To Disclose Hazards The following is added to Paragraph 6. Representations under SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS: However, if you should unintentionally fail to disclose any existing hazards in your representations to us at the inception date of the policy, or during the policy period in connection with any additional hazards, we shall not deny coverage under this Coverage Part based upon such failureto disclose hazards. Waiver Of Transfer Of Rights Of Recovery The following is added to Paragraph 8. Transfer of Rights Of Recovery Against Others To Us under SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS: We will waive any right of recovery we may have against a person or organization because of payments we make for “bodily injury” or “property damage” arising out of your ongoing operations or “your work” done under a written contract or written agreement and included in the “products-completed operations hazard”, if: 1.You have agreed to waive any right of recovery against that person or organization ina written contract or written agreement; 2. Such person or organization isan additional insured on your policy; or 3.You have assumed the liability of that person or organization in that same contract, and it is an “insured contract”. The section above only applies to that person or organization identified above, and only if the “bodily injury” or “property damage” occurs subsequent to the execution of the written contract or written agreement. Liberalization The following condition is added to SECTION IV - COMMERCIALGENERAL LIABILITY CONDITIONS: If we revise this Coverage Part to provide more coverage without additional premium charge, subject to our filed company rules, your policy will automatically provide the additional coverage as of the day the revision is effective in your state. Two or More Coverage Parts or Policies Issued By Us (This provision is not Applicable in the state of New York or Wisconsin). The following condition is added to SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS: It is our intention that the various coverage parts or policies issued to you by us, or any company affiliated with us,do not provide any duplication or overlap of coverage. We have exercised diligence to draft our coverage parts and policies to reflect this intention. However, if the facts and circumstances that will respond to any claim or “suit” give rise to actual or claimed duplication or overlap of coverage between the various coverage parts or policies issued to you by us or any company affiliated with us, the limit of insurance under all such coverage parts or policies combined shall not exceed the highest applicable limit under this coverage, or any one of the other coverage forms or policies. This condition does not apply to any Excess or Umbrella policy issued by us specifically to apply as excess insurance over this coverage part or policy to which this coveragepart is attached. SECTION V - DEFINITIONS Discrimination (This provision does not apply in New York). A.The following is added to Definition 14. “Personal and advertising injury”: “Personal and advertising injury” also means “discrimination” that results in injury to the feelings or reputation of a natural person, however only if such “discrimination” or humiliation is: 1.Not done by or at the direction of: a.The insured; or Copyright, 2018 Selective Insurance Company of America. All rights reserved.CG 73 00 01 19 Includes copyrighted material of Insurance Services Office, Inc., with its permission.Page 8 of 9 ˝¸˛ø˝ —˙˝¸˛ø˝ —˙˝¸˛ø˝ —˙˝¸˛ø˝ —˙˝¸˛ø˝ —˙˝¸˛ø˝ —˙˝¸˛ø˝ —˙˝¸˛ø˝ —˙˝¸˛ø˝ —˙˝¸˛ø˝ —˙˝¸˛ø˝ —˙˝¸˛ø˝ —˙˝¸˛ø˝ —˙˝¸˛ø˝ —˙˝¸˛ø˝ —˙˝¸˛ø˝ —˙˝¸˛ø˝ —˙˝¸˛ø˝ —˙˝¸˛ø˝ —˙˝¸˛ø˝ —˙˝¸˛ø˝ —˙˝¸˛ø˝ —˙˝¸˛ø˝ —˙˝¸˛ø˝ —˙˝¸˛ø˝ —˙˝¸˛ø˝ —˙˝¸˛ø˝ —˙˝¸˛ø˝ —˙˝¸˛ø˝ —˙˝¸˛ø˝ —˙˝¸˛ø˝ —˙˝¸˛ø˝ —˙˝¸˛ø˝ —˙˝¸˛ø˝ —˙˝¸˛ø˝ —˙ b.Anyone considered an insured under SECTION II - WHO IS AN INSURED; 2.Not done intentionally to cause harm to another person. 3.Not directly or indirectly related to the em- ployment, prospective employment or termi- nation of employment of any person or persons by any insured. 4. Not arising out of any “advertisement” by the insured. B.The following definition is added to SECTION V - DEFINITIONS: “Discrimination” means: a.Any act or conduct that would be considered discrimination under any applicable federal, state, or local statute, ordinance or law; b.Any act or conduct that results in disparate treatment of, or has disparate impact on, a person, because of that person’s race, religion, gender, sexual orientation, age, disability or physical impairment; or c.Any act or conduct characterized or interpreted as discrimination by a person based on that person’s race, religion, gender, sexual orienta- tion, age, disability or physical impairment. It does not include acts or conduct characterized or interpreted as sexual intimidation or sexual harass- ment, or intimidation or harassment based on a person’s gender. Electronic Data The following definition is added to SECTION V - DEFINITIONS: “Electronic data” means information, facts or programs stored as or on, created or used on, or transmitted to or from computer software,including systems and applications software, hard or floppy disks, CD-ROMS, tapes, drives, cell, dataprocessing devicesor any other media which are usedwith electronically controlled equipment.For the purpose of theElectronic Data Liability coverage provided by this endorsement, Definition 17. “Property damage” is deleted in its entirety andreplaced by the following: 17.“Property damage” means: a.Physical injury to tangible property, including all resultingloss of use of that property. All such loss of use shall be deemed to occur at the time of the physical injury that caused it;or b. Loss of, loss of use of, damage to, corruption of, inability to access, or inability to properly manipulate “electronic data”, resulting from physical injury to tangible property.All such loss of “electronic data” shall be deemed to occur at the time of the “occurrence” that caused it. For the purpose of the Electronic Data Liabilitycoverage provided by this endorsement,“electronic data” is not tangible property. Employee Amendment Definition 5. “Employee” under SECTION V - DEFINI- TIONS is deleted in its entirety and replaced by the following: 5.“Employee” includes a “leased worker”, or a “temporary worker”. If you are a School, “Employee” also includes a student teacher. Golfing Facility The following definition is added to SECTION V - DEFINITIONS: “Golfing facility” means a golf course, golf club, driving range, or miniature golf course. Mental Anguish Amendment (This provision does not apply in New York). Definition 3. “Bodily injury” under SECTION V - DEFINITIONS is deleted in its entirety and replaced with the following: 3.“Bodily injury” means bodily injury,sickness or disease sustained by a person, including death resulting from any of these at any time. This includes mental anguish resulting from any bodily injury, sickness or disease sustained by a person. (In New York, mental anguish has been determined to be “bodily injury”). Not-for-profit Member The following definition is added to SECTION V - DEFINITIONS: “Not-for-profit member” means a person who is a member of a not-for-profit organization, including clubs and churches, who receives no financial or other compensation. Copyright, 2018 Selective Insurance Company of America. All rights reserved.CG 73 00 01 19 Includes copyrighted material of Insurance Services Office, Inc., with its permission.Page 9 of 9 ˝¸˛ø˝ —˙˝¸˛ø˝ —˙˝¸˛ø˝ —˙˝¸˛ø˝ —˙˝¸˛ø˝ —˙˝¸˛ø˝ —˙˝¸˛ø˝ —˙˝¸˛ø˝ —˙˝¸˛ø˝ —˙˝¸˛ø˝ —˙˝¸˛ø˝ —˙˝¸˛ø˝ —˙˝¸˛ø˝ —˙˝¸˛ø˝ —˙˝¸˛ø˝ —˙˝¸˛ø˝ —˙˝¸˛ø˝ —˙˝¸˛ø˝ —˙˝¸˛ø˝ —˙˝¸˛ø˝ —˙˝¸˛ø˝ —˙˝¸˛ø˝ —˙˝¸˛ø˝ —˙˝¸˛ø˝ —˙˝¸˛ø˝ —˙˝¸˛ø˝ —˙˝¸˛ø˝ —˙˝¸˛ø˝ —˙˝¸˛ø˝ —˙˝¸˛ø˝ —˙˝¸˛ø˝ —˙˝¸˛ø˝ —˙˝¸˛ø˝ —˙˝¸˛ø˝ —˙˝¸˛ø˝ —˙ This page has been left blank intentionally. ADDITIONAL INSURED — OWNERS, LESSEES OR CONTRACTORS — COMPLETED OPERATIONS — AUTOMATIC STATUS WHEN REQUIRED IN CONSTRUCTION AGREEMENT WITH YOU COMMERCIAL GENERAL LIABILITY CG 79 21 01 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A.SECTION II — WHO IS AN INSURED is amended to include as an additional insured: 1.Any person or organization for whom you are performing or have performed operations when you and such person or organization have agreed in a written contract, written agreement or written permit that such person or organization be added as an additional insured on your commercial general liability policy; and 2.Any other person or organization, including any architects, engineers or surveyors not engaged by you, whom you are required to add as an additional insured under your policy in the contract or agreement in Paragraph 1.above: Such person or organization is an additional insured only with respect to liability for “bodily injury” or “property damage” caused, in whole or in part, by “your work” performed for that additional insured and included in the “products-completed operations hazard”. B.With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to: “Bodily injury”,“property damage” or “personal and advertising injury” arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including: (1)The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (2)Supervisory, inspection, architectural or engineering activities. This coverage shall be excess with respect to the person or organization included as an additional insured by its provisions; any other valid and collectible insurance that person or organization has shall be primary with respect to this insurance, unless this coverage is required to be primary and/ornot contributory in the contract or agreement referred to above. Copyright, 2018 Selective Insurance Company of America. All rights reserved.CG 79 21 01 19 Includes copyrighted material of Insurance Services Office, Inc., with its permission.Page 1 of 1 ˝¸˛ø˝ —˙˝¸˛ø˝ —˙˝¸˛ø˝ —˙˝¸˛ø˝ —˙˝¸˛ø˝ —˙˝¸˛ø˝ —˙˝¸˛ø˝ —˙˝¸˛ø˝ —˙˝¸˛ø˝ —˙˝¸˛ø˝ —˙˝¸˛ø˝ —˙˝¸˛ø˝ —˙˝¸˛ø˝ —˙˝¸˛ø˝ —˙˝¸˛ø˝ —˙˝¸˛ø˝ —˙˝¸˛ø˝ —˙˝¸˛ø˝ —˙˝¸˛ø˝ —˙˝¸˛ø˝ —˙˝¸˛ø˝ —˙˝¸˛ø˝ —˙˝¸˛ø˝ —˙˝¸˛ø˝ —˙˝¸˛ø˝ —˙˝¸˛ø˝ —˙˝¸˛ø˝ —˙˝¸˛ø˝ —˙˝¸˛ø˝ —˙˝¸˛ø˝ —˙˝¸˛ø˝ —˙˝¸˛ø˝ —˙˝¸˛ø˝ —˙˝¸˛ø˝ —˙˝¸˛ø˝ —˙˝¸˛ø˝ —˙ S2448564 Pencor, LLC This page has been left blank intentionally. ElitePac® Commercial Automobile Extension COMMERCIAL AUTO CA 78 09 11 17 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Business Auto Coverage Form apply unless modified by the endorsement. AMENDMENTS TO SECTION II - LIABILITY COVER- AGE A. If this policy provides Auto Liability coverage for Owned Autos, the following extensions are applica- ble accordingly: NEWLY ACQUIRED OR FORMED ORGANIZA- TIONS The following is added to SECTION II, A.1. - Who Is An Insured: Any organization you newly acquire or form, other than a partnership, joint venture or limited liability company over which you maintain ownership or majority interest, will qualify as a Named Insured if there is no similar insurance available to that organi- zation. However: 1. Coverage under this provision is afforded only until the 180th day after you acquire or form the organization or the end of the policy period, whichever is earlier; 2. Coverage does not apply to “bodily injury” or “property damage” resulting from an “accident” that occurred before you acquired or formed the organization. No person or organization is an “insured” with re- spect to the conduct of any current or past partner- ship, joint venture or limited liability company that is not shown as a Named Insured in the Declarations. EXPENSES FOR BAIL BONDS AND LOSS OF EARNINGS Paragraphs (2) and (4) of SECTION II, A.2.a. - Supplementary Payments are deleted in their entirety and replaced with the following: (2) Up to the Limit of Insurance shown on the ElitePac Schedule for the cost of bail bonds (in- cluding bonds for related traffic law violations) required because of an “accident” covered under this policy. We do not have to furnish these bonds. (4) All reasonable expenses incurred by the “insured” at our request. This includes actual loss of earnings because of time off from work, which we will pay up to the Limit of Insurance shown on the ElitePac Schedule. EMPLOYEE INDEMNIFICATION AND EMPLOY- ER’S LIABILITY AMENDMENT The following is added to SECTION II, B.4. - Exclusions: This exclusion does not apply to a “volunteer work- er” who is not entitled to workers compensation, disability or unemployment compensation benefits. FELLOW EMPLOYEE COVERAGE The Fellow Employee Exclusion, SECTION II, B.5. - is deleted in its entirety. CARE, CUSTODY OR CONTROL AMENDMENT The following is added to SECTION II, B.6. - Exclusions: This exclusion does not apply to property owned by anyone other than an “insured”, subject to the follow- ing: 1. The most we will pay under this exception for any one “accident” is the Limit of Insurance stat- ed in the ElitePac Schedule; and 2. A per “accident” deductible as stated in the ElitePac Schedule applies to this exception. B. If this policy provides Auto Liability coverage for Owned Autos or Non-Owned Autos, the following extension is applicable accordingly: LIMITED LIABILITY COMPANIES The following is added to SECTION II, A.1. - Who Is An Insured: If you are a limited liability company, your members and managers are “insureds” while using a covered “auto” you don’t own, hire or borrow during the course of their duties for you. BLANKET ADDITIONAL INSUREDS - As Required By Contract The following is added to SECTION II, A.1. - Who Is An Insured: Copyright, 2017 Selective Insurance Company of America. All rights reserved. CA 78 09 11 17 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 1 of 5 Pencor, LLC S2448564 Any person or organization whom you have agreed in a written contract, written agreement or written permit that such person or organization be added as an additional “insured” on your policy. Such person or organization is an additional “insured” only with respect to liability for “bodily injury” or “property damage” caused, in whole or in part, by your owner- ship, maintenance or use of a covered “auto”. This coverage shall be primary and non-contributory with respect to the additional “insured”. This provision only applies if: 1. It is required in the written contract, written agreement or written permit identified in this sec- tion; 2. It is permitted by law; and 3. The written contract or written agreement has been executed (executed means signed by a named insured) or written permit issued prior to the “bodily injury” or “property damage”. C. If this policy provides Auto Liability coverage for Non- Owned Autos, the following extension is applicable accordingly: EMPLOYEES AS INSUREDS If this policy provides Auto Liability coverage for Non-Owned Autos, the following is added to SECTION II, A.1. - Who Is An Insured: Any “employee” of yours is an “insured” while using a covered “auto” you don’t own, hire or borrow in your business or your personal affairs. An “employee” of yours is an “insured” while operat- ing an “auto” hired or rented under a contract or agreement in that “employee’s” name with your per- mission, while performing duties related to the con- duct of your business. AMENDMENTS TO SECTION III - PHYSICAL DAMAGE COVERAGE If this policy provides Comprehensive, Specified Causes of Loss or Collision coverage, the following extensions are applicable for those “autos” for which Comprehen- sive, Specified Causes of Loss or Collision coverage is purchased: TOWING AND LABOR SECTION III, A.2. - Towing is deleted in its entirety and replaced with the following: We will pay all reasonable towing and labor costs up to the maximum Limit of Insurance shown on the ElitePac Schedule per tow each time a covered “Private Passen- ger Auto”, “Social Service Van or Bus” or “Light Truck” is disabled and up to the maximum Limit of Insurance per tow each time a covered “Medium Truck”, “Heavy Truck” or “Extra Heavy Truck” is disabled. For labor charges to be eligible for reimbursement the labor must be performed at the place of disablement. This coverage extension does not apply to Emergency Services Organizations and Governmental Entities. GLASS BREAKAGE DEDUCTIBLE The following is added to SECTION III, A.3. - Glass Breakage - Hitting A Bird Or Animal - Falling Objects or Missiles: If damaged glass is repaired rather than replaced, no deductible will apply for such repair. This extension does not apply to Emergency Services Organizations and Governmental Entities. ADDITIONAL TRANSPORTATION EXPENSES SEC- TION III, A.4.a. - Transportation Expenses is deleted in its entirety and replaced with the following: We will pay up to the maximum Limit of Insurance shown on the ElitePac Schedule for temporary transportation expenses that you incur because of any “loss” to a cov- ered “auto”, but only if the covered “auto” carries the coverages and meets the requirements described in 1. or 2. below: 1. We will pay temporary transportation expenses for total theft of a covered “auto”. We will only pay for such expenses incurred during the period beginning 24 hours after the theft and ending, regardless of the policy’s expiration, when the covered “auto” is re- turned to use or we pay for its “loss”. 2. For “loss” other than total theft of a covered “auto” under Comprehensive or Specified Causes of Loss Coverage, or for any “loss” under Collision Coverage to a covered “auto”, we will only pay for those tem- porary transportation expenses incurred during the policy period beginning 24 hours after the “loss” and ending, regardless of the policy’s expiration, with the lesser of the number of days reasonably required to repair or replace the covered “auto” or 30 days. Paragraph 2. of this extension does not apply while there are spare or reserve “autos” available to you for your operations. This coverage extension does not apply to Emergency Services Organizations and Governmental Entities. HIRED AUTO PHYSICAL DAMAGE COVERAGE The following is added to SECTION III, A.4. - Coverage Extensions: Physical Damage coverage is hereby extended to apply to Physical Damage “loss” to “autos” leased, hired, rent- ed or borrowed without a driver. We will provide cover- age equal to the broadest coverage available to any covered “auto” shown in the Declarations. But, the most we will pay for “loss” to each “auto” under this coverage extension is the lesser of: Copyright, 2017 Selective Insurance Company of America. All rights reserved. CA 78 09 11 17 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 2 of 5 1. The Limit of Insurance stated in the ElitePac Sched- ule; or 2. The actual cash value of the damaged or stolen property as of the time of the “loss”; or 3. The actual cost of repairing or replacing the dam- aged or stolen property with other property of like kind and quality. A part is of like kind and quality when it is of equal or better condition than the pre- accident part. We will use the original equipment from the manufacturer when: (a) The operational safety of the vehicle might otherwise be impaired; (b) Reasonable and diligent efforts to locate the appropriate rebuilt, aftermarket or used part have been unsuccessful; or (c) A new original equipment part of like kind and quality is available and will result in the lowest overall repair cost. For each leased, hired, rented or borrowed “auto” our obligation to pay “losses” will be reduced by a deductible equal to the highest deductible applicable to any owned “auto” for that coverage. No deductible will be applied to “losses” caused by fire or lightning. SECTION IV, B.5. Other Insurance Condition, Para- graph 5.b. is deleted in its entirety and replaced by the following: For Hired Auto Physical Damage Coverage, the follow- ing are deemed to be covered “autos’” you own: 1. Any covered “auto” you lease, hire, rent, or borrow; and 2. Any covered “auto” hired or rented by your “em- ployee” under a contract or agreement in that “employee’s” name, with your permission, while performing duties related to the conduct of your business. However, any “auto” that is leased, hired, rented or borrowed with a driver is not a covered “auto”. This coverage extension does not apply to Emergency Services Organizations and Governmental Entities. HIRED AUTO LOSS OF USE COVERAGE The following is added to SECTION III, A.4. - Coverage Extensions: We will pay expenses for which you are legally responsi- ble to pay up to the Limit of Insurance shown on the ElitePac Schedule per “accident” for loss of use of a leased, hired, rented or borrowed “auto” if it results from an “accident”. This coverage extension does not apply to Emergency Services Organizations, Governmental Entities, and Schools. AUTO LOAN/LEASE GAP COVERAGE (Not Applica- ble in New York) The following is added to SECTION III, A.4. - Coverage Extensions: In the event of a total “loss” to a covered “auto” we will pay any unpaid amount due on the lease or loan for a covered “auto”, less: 1. The amount paid under the Physical Damage Cover- age Section of the policy; and 2. Any: a. Overdue lease/loan payments at the time of “loss”; b. Financial penalties imposed under a lease for excessive use, abnormal wear and tear, high mileage or similar charges; c. Security deposits not refunded by the lessor or financial institution; d. Costs for extended warranties, credit life, health, accident, or disability insurance purchased with the loan or lease; and e. Carry-over balances from previous leases or loans. You are responsible for the deductible applicable to the “loss” for the covered “auto”. PERSONAL EFFECTS The following is added to SECTION III, A.4. - Coverage Extensions: If this policy provides Comprehensive Coverage for a covered “auto” you own and that covered “auto” is stolen, we will pay up to the Limit of Insurance shown on the ElitePac Schedule, without application of a deducti- ble, for lost personal effects that were in the covered “auto” at the time of theft. Personal effects do not include jewelry, tools, money, or securities. This coverage is excess over any other collectible insurance. AIRBAG COVERAGE The following is added to SECTION III, B.3.a. - Exclu- sions: Mechanical breakdown does not include the accidental discharge of an airbag. This coverage extension does not apply to Emergency Services Organizations and Governmental Entities. EXPANDED AUDIO, VISUAL, AND DATA ELEC- TRONIC EQUIPMENT COVERAGE SECTION III, B.4. - Exclusions This exclusion does not apply to the following: 1. Global positioning systems; 2. “Telematic devices”; or 3. Electronic equipment that reproduces, receives or transmits visual or data signals and accessories used with such equipment, provided such equipment is: Copyright, 2017 Selective Insurance Company of America. All rights reserved. CA 78 09 11 17 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 3 of 5 a. Permanently installed in or upon the covered “auto” at the time of the “loss”; b. Removable from a housing unit that is perma- nently installed in the covered “auto” at the time of the “loss”; c. Designed to be solely operated by use of power from the “auto’s” electrical system; or d. Designed to be used solely in or upon the covered “auto”. For each covered “loss” to such equipment, a deductible of $50 shall apply, unless the deductible otherwise appli- cable to such equipment is less than $50, at which point the lower deductible, if any, will apply. COMPREHENSIVE DEDUCTIBLE - LOCATION TRAC KING DEVICE The following is added to SECTION III, D. - Deductible: Any Comprehensive Coverage Deductible shown in the Declarations will be reduced by 50% for any “loss” caused by theft if the covered “auto” is equipped with a location tracking device and that device was the sole method used to recover the “auto”. PHYSICAL DAMAGE LIMIT OF INSURANCE SECTION III, C. - Limit Of Insurance is deleted in its entirety and replaced with the following: The most we will pay for a “loss” in any one “accident” is the lesser of: 1. The actual cash value of the damaged or stolen property as of the time of the “loss”; or 2. The cost of repairing or replacing the damaged or stolen property with other property of like kind and quality. This coverage extension does not apply to Emergency Services Organizations and Governmental Entities. AMENDMENTS TO SECTION IV - BUSINESS AUTO CONDITIONS DUTIES IN THE EVENT OF ACCIDENT, CLAIM, SUIT OR LOSS The following is added to SECTION IV, A.2.a. - Duties In The Event Of Accident, Claim, Suit Or Loss: The notice requirements for reporting “accident” claim, “suit” or “loss” information to us, including provisions related to the subsequent investigation of such “acci- dent”, claim, “suit” or “loss” do not apply until the “accident”, claim, “suit” or “loss” is known to: 1. You, if you are an individual; 2. A partner, if you are a partnership; 3. An executive officer or insurance manager, if you are a corporation; 4. Your members, managers or insurance manager, if you are a limited liability company; 5. Your elected or appointed officials, trustees, board members or your insurance manager, if you are an organization other than a partnership, joint venture or limited liability company. But, this section does not amend the provisions relating to notification of police or protection or examination of the property that was subject to the “loss”. WAIVER OF SUBROGATION SECTION IV, A.5. - Transfer Of Rights Of Recovery Against Others To Us is deleted in its entirety and replaced with the following: We waive any right of recovery we may have against any person or organization because of payments we make for “bodily injury” or “property damage” resulting from the ownership, maintenance or use of a covered “auto” but only when you have assumed liability for such “bodily injury” or “property damage” in an “insured con- tract”. In all other circumstances, if a person or organiza- tion to or for whom we make payment under this Cover- age Form has rights to recover damages from another, those rights are transferred to us. MULTIPLE DEDUCTIBLES The following is added to SECTION IV, A. - Loss Conditions: If a “loss” from one event involves two or more covered “autos” and coverage under Comprehensive or Specified Causes of Loss applies, only the highest applicable deductible will be applied. CONCEALMENT, MISREPRESENTATION OR FRAUD The following is added to SECTION IV, B.2. - Conceal- ment, Misrepresentation Or Fraud: If you should unintentionally fail to disclose any existing hazards in your representations to us prior to the incep- tion date of the policy or during the policy period in connection with any newly discovered hazards, we will not deny coverage under this Coverage Form based upon such failure. POLICY PERIOD, COVERAGE TERRITORY SECTION IV, B.7. - Policy Period, Coverage Territory is deleted in its entirety and replaced with the following: Under this Coverage Form, we cover “accidents” and “losses” occurring: a. During the policy period shown in the Declarations; and b. Within the “Coverage Territory”. Copyright, 2017 Selective Insurance Company of America. All rights reserved. CA 78 09 11 17 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 4 of 5 We also cover “loss” to or “accidents” involving a cov- ered “auto” while being transported between any of these places. TWO OR MORE COVERAGE FORMS OR POLICIES ISSUED BY US - DEDUCTIBLES The following is added to SECTION IV, B.8. - Two Or More Coverage Forms Or Policies Issued By Us: If a “loss” covered under this Coverage Form also in- volves a “loss” to other property resulting from the same “accident” that is covered under this policy or another policy issued by us or any member company of ours, only the highest applicable deductible will be applied. AMENDMENTS TO SECTION V - DEFINITIONS BODILY INJURY INCLUDING MENTAL ANGUISH (Not Applicable in New York) The definition of bodily injury is deleted in its entirety and replaced by the following: “Bodily injury” means bodily injury, sickness, or disease sustained by a person, including death resulting from any of these. “Bodily injury” includes mental anguish resulting from bodily injury, sickness or disease sus- tained by a person. ADDITIONS TO SECTION V - DEFINITIONS COVERAGE TERRITORY “Coverage Territory” means: 1. The United States of America (including its territories and possessions), Canada and Puerto Rico; and 2. Anywhere in the world, except for any country or jurisdiction that is subject to trade or other economic sanction or embargo by the United States of America, if a covered “auto” is leased, hired, rented, or borrowed without a driver for a period of 30 days or less, and the insured’s responsibility to pay “dam- ages” is determined in a “suit” on the merits in and under the substantive law of the United States of America (including its territories and possessions), Puerto Rico, or Canada, or in a settlement we agree to. If we are prevented by law, or otherwise, from defending the “insured” in a “suit” brought in a location described in Paragraph 2. above, the insured will conduct a defense of that “suit”. We will reimburse the “insured” for the rea- sonable and necessary expenses incurred for the de- fense of any such “suit” seeking damages to which this insurance applies, and that we would have paid had we been able to exercise our right and duty to defend. EXTRA HEAVY TRUCK “Extra Heavy Truck” means a truck with a gross vehicle weight rating of 45,001 pounds or more. HEAVY TRUCK “Heavy Truck” means a truck with a gross vehicle weight rating of 20,001 pounds to 45,000 pounds. LIGHT TRUCK “Light Truck” means a truck with a gross vehicle weight rating of 10,000 pounds or less. MEDIUM TRUCK “Medium Truck” means a truck with a gross vehicle weight rating of 10,001 pounds to 20,000 pounds. PRIVATE PASSENGER AUTO “Private Passenger Auto” means a four-wheel “auto” of the private passenger or station wagon type. A pickup, panel truck or van not used for business is included within the definition of a “private passenger auto”. SOCIAL SERVICE VAN OR BUS “Social Service Van or Bus” means a van or bus used by a government entity, civic, charitable or social service organization to provide transportation to clients inci- dental to the social services sponsored by the organiza- tion, including special trips and outings. TELEMATIC DEVICE “Telematic Device” includes devices designed for the collection and dissemination of data for the purpose of monitoring vehicle and/or driver performance. This in- cludes Global Positioning System technology, wireless safety communications and automatic driving assistance systems, all integrated with computers and mobile com- munications technology in automotive navigation sys- tems. VOLUNTEER WORKER “Volunteer worker” means a person who performs busi- ness duties for you, for no financial or other compensa- tion. Copyright, 2017 Selective Insurance Company of America. All rights reserved. CA 78 09 11 17 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 5 of 5 This page has been left blank intentionally. WC 00 03 13 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This endorsement changes the policy to which it is attached effective on the inception date of the policy unless a different date is indicated below. (The following “attaching clause” need be completed only when this endorsement is issued subsequent to preparation of the policy.) This endorsement, effective on at 12:01 A.M., standard time, forms a part of (DATE) Policy No. Endorsement No. Premium (if any) $ of the (NAME OF INSURANCE COMPANY) issued to Authorized Representative We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us. This agreement shall not operate directly or indirectly to benefit any one not named in the Schedule. Schedule Any party for whom you have agreed via written contract to waive subrogation prior to any loss. This waiver is not applicable in any jurisdiction where prohibited by statute or regulation. Copyright 1983 National Council on Compensation Insurance. WC 00 03 13 (04/84) This page has been left blank intentionally. “EXHIBIT C” See Exhibit “A” “EXHIBITS D.1 AND D.2” BOND NO.: GM 208319 "EXHIBIT DX' PERFORMANCE BOND CITY OF MILTON, GEORGIA KNOW ALL MEN BY THESE PRESENTS THAT Pencor, LLC (as CONTRACTOR, hereinafter referred to as the "Principal"), and Great Midwest Insurance Company (as SURETY COMPANY, hereinafter referred to as the "CONTRACTOR'S SURETY"), are held and firmly bound unto City of Milton, Georgia (as OWNER, hereinafter referred to as the "City"), for the use and benefit of the City, in the sum of _Eight Hundred Forty-nine Thousand, Eight Hundred Forty-four Dollars ($ 849,844.00), lawful money of the United States of America, for the payment of which the Principal and the Contractor's Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has entered, or is about to enter, into a certain written agreement with the City for the construction of a project known as _Former Milton Country Club Renovation (ITB 21 -PRO D_ (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: (signature) reA� --,�"j (printed) Title: /,�A7;^Y D,rrc*vr Date: `i) CONTRACTOR: PENCOR LL By: (signature) (printed) Title: FeSjjejq� (SEAL) Date: CONTRACTOR'S SURETY: Great y: (signature) Rachel F I (printed) - Title: Attorney -in ac (SEAL) Date: Attest: "(signature) --_ — Kayla la (printed) Title: Account Manager Date: Z (ATTACH SURETY'S POWER OF ATTORNEY) BOND NO.: GM 208319 "EXHIBIT D.2" PAYMENT BOND CITY OF MILTON, GEORGIA KNOW ALL MEN BY THESE PRESENTS THAT Pencor, LLC (as CONTRACTOR, hereinafter referred to as the "Principal"), and Great Midwest Insurance Company (as SURETY COMPANY, hereinafter referred to as the "CONTRACTOR'S SURETY"), are held and firmly bound unto City of Milton, Georgia (as OWNER, hereinafter referred to as the "City"), for the use and benefit of any "Claimant," as hereinafter defined, in the sum of _Eight Hundred Forty-nine Thousand, Eight Hundred Forty-four Dollars ($849,844.00), lawful money of the United States of America, for the payment of which the Principal and the Contractor's Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has entered, or is about to enter, into a certain written agreement with the City for the construction of a project known as _Former Milton Country Club Renovation (ITB 21 -PRO 1)_ (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 ("Principal"): PENCOR, LLC Title: Attest: Date: (signature) w.. (Print) Title: AAA ^n', �`J �xrCvNr Date: C3 )_ I A est. y (signature) Kaylan ila (print) Title: Account Manager Date: Is - ) Z (signature) �^ *1 6e (print) (SEAL) CONTRACTOR'S SURETY: Great Midwest Insurance (signature) Fell f (, J' (print) Title: Attomey-in-Fact Date: r (ATTACH SURETY'S POWER OF ATTORNEY) POWER OF ATTORNEY Great Midwest Insurance Company KNOW ALL MEN BY THESE PRESENTS, that GREAT MIDWEST INSURANCE COMPANY, a Texas Corporation, with its principal offil in Houston, TX, does hereby constitute and appoint: CHANCEY J. SHEPHERD, RACHEL FELL, KAYLAN FILA, BRITTANY TRIPLETT, JOSH BRIDGES, FELISA H. VAUGHAN, SHANNON MCCLOSKEY its true and lawful Attorney(s)-In-Fact to make, execute, seal and deliver for, and on its behalf as surety, any and all bonds, undertakings or writings obligatory in nature of a bond. This authority is made under and by the authority of a resolution which was passed by the Board of Directors of GREAT INSURANCE COMPANY, on the 151 day of October, 2018 as follows: Resolved, that the President, or any officer, be and hereby is, authorized to appoint and empower any representative of the Company or other person or persons as Attorney -In -Fact to execute on behalf of the Company any bonds, undertakings, policies, contracts of indemnity or other writings obligatory in nature of a bond not to exceed Ten Million dollars ($10,000,000.00), which the Company might execute through its duly elected officers, and affix the seal of the Company thereto. Any said execution of such documents by an Attomey-In-Fact shall be as binding upon the Company as if they had been duly executed and acknowledged by the regularly elected officers of the Company. Any Attorney -In -Fact, so appointed, may be removed in the Company's sole discretion and the authority so granted may be revoked as specified in the Power of Attorney. Resolved, that the signature of the President and the seal of the Company may be affixed by facsimile on any power of attorney granted, and the signature of the Secretary, and the seal of the Company may be affixed by facsimile to any certificate of any such power and any such power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company. Any such power so executed and sealed and certificate so executed and sealed shall, with respect to any bond of undertaking to which it is attached, continue to be valid and binding on the Company. IN WITNESS THEREOF, GREAT MIDWEST INSURANCE COMPANY, has caused this instrument to be signed by its President, and its Seal to be affixed this 11th day of February, 2021. �sva GREAT MIDWEST INSURANCE COMPANY jWCa0,TFSfAt re BY Mark W. Haushill President �Ts�roH�� ACKNOWLEDGEMENT On this 11th day of February, 2021, before me, personally came Mark W. Haushill to me known, who being duly sworn, did depose and say that he is the President of GREAT MIDWEST INSURANCE COMPANY, the corporation described in and which executed the above instrument; that he executed said instrument on behalf of the corporation by authority of his office under the By-laws of said corporation. ���... CHRISTINA BISHOP >=s Notary Public. Stets of Taxes Comm. Expires 04-t4-2026 yaitS Notary ID 131090488 CERTIFICATE BY Christina Bishop Notary Public I, the undersigned, Secretary of GREAT MIDWEST INSURANCE COMPANY, A Texas Insurance Company, DO HEREBY CERTIFY that the original Power of Attorney of which the foregoing is a true and correct copy, is in full force and effect and has not been revoked and the resolutions as set forth are now in force. Signed and Sealed at Houston, TX this 2 Day of A 20 ��A SSS �er8v�t,�,�F IV i ,wCaATF SE..t Ti BY f^�% .V" h /! � N - i ti " Leslie K. Shaunty, —t Secretary�r 1 ts:bN "WARNING: Any person who knowingly and with intent to defraud-arx insurame company or other person, files and application for insurance of claim containing any materially false information, or coAppals for the purpose of onisleading, information concerning any fact material thereto, commits a fraudulent insurance act, which is a crime and subjects, such person to criminal and civil penalties. "EXHIBIT E" NONCOLLUSION AFFIDAVIT OF PRIME BIDDER STATE OF G- -, te COUNTY OF Va. �f n h •1 Alp r e a `7- , being first duly sworn, deposes and says that: (1) He is ,l evv+' (Owner, Partner, Officer, Representative, o(Agent))f _Pencor, LLC (the ` idder) 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 h directly or indirectly violated any law, ordinance or regulation related to the Bid. SUBSCRIBED AND SWORN BEFORE Signature of Authdri&d Officer or Agent ME ON THIS THE &�2-G- DAY OF ,ohr• \ C w /mann ; n I D! rc .4vr Printed Name and Title of Authorize Officer or Agent Q Notary Public [NOTARY SEAL] KAREN A ARTERBURN NOTARY PUBLIC Fulton County State of Georgia My Comm. Expires May 13, 2022 My Commission Expires: “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 ______________________________ "EXHIBIT G.1" STATE OF COUNTY OF rF',r�;�•�� 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: 1S 304'1 Federal Work Authorization User Identification Number 4 - 5 - 2011 Date of Authorization Pencor, LLC Name of Contractor Former Milton Country Club Renovation Name of Project City of Milton, Georgia Name of Public Employer KAREN A ARTERBURN NOTARY PUBLIC Fulton County State of Georgia My Comm. Expires May 13, 2022 I hereby declare under penalty of perjury that the foregoing is true and correct. Executed on %� , 20-7-I in A f (city), GA (state}. zmgnarure or tiumortzea kirrtcer or Agent ��� � �co�•�wr �y , /i/�anno�; n � j'� �r< c�tv l Printed Name and Title of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE DAY OF 20,7-1. r Notary Public [NOTARY SEAL] My Commission Expires: “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 __Pencor, LLC_______on behalf of the City of Milton has registered with, is authorized to use, and uses the federal work authorization program commonly known as E-Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91. Furthermore, the undersigned subcontractor will continue to use the federal work authorization program throughout the contract period, and the undersigned subcontractor will contract for the physical performance of services in satisfaction of such contract only with sub-subcontractors who present an affidavit to the subcontractor with the information required by O.C.G.A. § 13-10-91(b). Additionally, the undersigned subcontractor will forward notice of the receipt of an affidavit from a sub-subcontractor to the contractor within five (5) business days of receipt. If the undersigned subcontractor receives notice that a sub-subcontractor has received an affidavit from any other contracted sub-subcontractor, the undersigned subcontractor must forward, within five (5) business days of receipt, a copy of the notice to the contractor. Subcontractor hereby attests that its federal work authorization user identification number and date of authorization are as follows: _________________________________ Federal Work Authorization User Identification Number _________________________________ Date of Authorization _________________________________ Name of Subcontractor Former Milton Country Club Renovation 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” See Exhibit “A” “EXHIBIT I” ADDITIONAL PAYMENT TERMS A. Defined Terms. Terms used in this Agreement shall have their ordinary meaning, unless otherwise defined below or elsewhere in the Contract Documents. (i) “Substantial Completion” means when the Work or designated portion thereof is complete in accordance with the Contract Documents so that any remaining Work includes only (1) Minor Items that can be completed or corrected within the following thirty (30) calendar days, (2) Permitted Incomplete Work that will be completed by the date agreed upon by the Parties, and (3) any Warranty Work. Substantial Completion shall require complete operation of all applicable building systems including, but not limited to, mechanical, electrical, plumbing, fire protection, fire alarm, telecom, data, security, elevators, life safety, and accessibility (if any). (ii) “Minor Item” means a portion or element of the Work that can be totally complete within thirty (30) calendar days. (iii) “Permitted Incomplete Work” means Work that is incomplete through no fault of the Contractor, as determined by the City in its sole discretion. (iv) “Final Completion” means when the Work has been completed in accordance with terms and conditions of the Contract Documents. B. Payment for Work Completed and Costs Incurred. City agrees to pay the Contractor for the Work performed and costs incurred by Contractor upon certification by the Contract Administrator and the City that the Work was actually performed and costs actually incurred in accordance with this Agreement. Payment shall be based on the value of the Work completed, as provided in the Contract Documents, plus the value of materials and equipment suitably stored, insured, and protected at the construction site, and, only if approved in writing by the City (which approval shall be given at the sole discretion of the City), such materials and equipment suitably stored, insured, and protected off site at a location approved by the City in writing, less retainage (as described below). Compensation for Work performed and reimbursement for costs incurred shall be paid to the Contractor upon receipt and approval by the City of invoices setting forth in detail the Work performed and costs incurred, along with all supporting documents required by the Contract Documents or requested by the City to process the invoice. Invoices shall be submitted on a monthly basis, and such invoices shall reflect costs incurred versus costs budgeted. Each invoice shall be accompanied by an Interim Waiver and Release upon Payment (or a Waiver and Release upon final payment in the case of the invoice for final payment) procured by the Contractor from all subcontractors in accordance with O.C.G.A. § 44-14-366. The City shall pay the Contractor within thirty (30) calendar days after approval of the invoice by City staff, less any retainage as described in Section D below. No payments will be made for unauthorized work. Payment will be sent to the designated address by U. S. Mail only; payment will not be hand-delivered, though the Contractor may arrange to pick up payments directly from the City or may make written requests for the City to deliver payments to the Contractor by Federal Express delivery at the Contractor’s expense. C. Evaluation of Payment Requests. The Contract Administrator will evaluate the Contractor’s applications for payment and will either issue to the City a Certificate for Payment (with a copy of the Contractor’s application for payment) for such amount as the Contract Administrator determines is properly due, or notify the Contractor and City in writing of the Contract Administrator’s reasons for withholding certification in whole or in part. The Contract Administrator may reject Work that does not conform to the Contract Documents and may withhold a Certificate of Payment in whole or in part, to the extent reasonably necessary to protect the City. When the reasons for withholding certification are removed, certification will be made for amounts previously withheld. Even following a Certificate of Payment, the City shall have the right to refuse payment of any invoice or part thereof that is not properly supported, or where requests for payment for Work or costs are in excess of the actual Work performed or costs incurred, or where the Work product provided is unacceptable or not in conformity with the Contract Documents, as determined by the City in its sole discretion. The City shall pay each such invoice or portion thereof as approved, provided that neither the approval or payment of any such invoice, nor partial or entire use or occupancy of the Project by the City, shall be considered to be evidence of performance by the Contractor to the point indicated by such invoice, or of receipt or acceptance by the City of Work covered by such invoice, where such work is not in accordance with the Contract Documents. D. Final Payment and Retainage. The City and Contractor shall comply with the provisions of O.C.G.A. § 13-10-80. The Contractor through each invoice may request payment of no more than ninety percent (90%) of that portion of the Work completed during the term covered by such invoice until fifty percent (50%) of the Maximum Contract Price, as may be adjusted, is due and the manner of completion of the Work and its progress are reasonably satisfactory to the City. Payment for the remaining ten percent (10%) of Work completed and covered by such invoices shall be retained by the City until Substantial Completion. Once fifty percent (50%) of the Maximum Contract Price, as may be adjusted, is due and the manner of completion of the Work and its progress are reasonably satisfactory to the City, no additional retainage shall be withheld, except as provided below. All amounts retained by the City shall be held as a lump sum until Substantial Completion of the Work, regardless of earlier completion of individual component(s) of the Work; provided, however, that, at the discretion of the City and with the written approval of the Contractor, the retainage of each subcontractor may be released separately as the subcontractor completes his or her work. If, after discontinuing the retention, the City determines that the Work is unsatisfactory or has fallen behind schedule, retention may be resumed at the previous level. If retention is resumed by the City, the Contractor and subcontractors shall be entitled to resume withholding retainage accordingly. At Substantial Completion of the Work and as the Contract Administrator determines the Work to be reasonably satisfactory, the City shall, within 30 days after the invoice and other appropriate documentation as may be required by the Contract Documents are provided to the City, pay the retainage to the Contractor. If at that time there are any remaining incomplete Minor Items or Permitted Incomplete Work, an amount equal to 200 percent of the value of each Minor Item or Permitted Incomplete Work, as determined by the Contract Administrator in its sole discretion, shall be withheld until such item, items or work are completed. The reduced retainage shall be shared by the Contractor and subcontractors as their interests may appear. The Contractor shall, within ten (10) days from its receipt of retainage from the City, pass through payments to subcontractors and shall reduce each subcontractor’s retainage in the same manner as the Contractor’s retainage is reduced by the City; provided, however, that the value of each subcontractor’s work complete and in place equals fifty percent (50%) of his or her subcontract value, including approved Change Orders and other additions to the subcontract value; provided, further, that the work of the subcontractor is proceeding satisfactorily and the subcontractor has provided or provides such satisfactory reasonable assurances of continued performance and financial responsibility to complete his or her work including any warranty work as the Contractor in his or her reasonable discretion may require, including, but not limited to, a payment and performance bond. The subcontractor shall, within ten (10) days from the subcontractor’s receipt of retainage from the Contractor, pass through payments to lower tier subcontractors and shall reduce each lower tier subcontractor’s retainage in the same manner as the subcontractor’s retainage is reduced by the Contractor; provided, however, that the value of each lower tier subcontractor’s work complete and in place equals fifty percent (50%) of his or her subcontract value, including approved Change Orders and other additions to the subcontract value; provided, further, that the work of the lower tier subcontractor is proceeding satisfactorily and the lower tier subcontractor has provided or provides such satisfactory reasonable assurances of continued performance and financial responsibility to complete his or her work including any warranty work as the subcontractor in his or her reasonable discretion may require, including, but not limited to, a payment and performance bond. Final payment of any retained amounts to the Contractor shall be made after certification by the Contract Administrator that the Work has been satisfactorily completed and is accepted in accordance with the Agreement and Contract Documents. Neither final payment nor any remaining retainage shall become due until the Contractor submits to the Contract Administrator (1) an affidavit that payrolls, bills for materials and equipment, and other indebtedness connected with the Work for which the City or City property might be responsible or encumbered (less amounts withheld by City) have been paid or otherwise satisfied, (2) a certificate evidencing that insurance, required by the Contract Documents to remain in force after final payment, is currently in effect and will not be canceled or allowed to expire until at least thirty (30) calendar days prior written notice has been given to the City; (3) a written statement that the Contractor knows of no substantial reason that the insurance will not be renewable to cover the period required by the Contract Documents, (4) consent of surety, if any, to final payment, (5) a release or waiver of liens, claims, security interests, and encumbrances by all subcontractors and material suppliers, and (6), if required by the City, other data establishing payment or satisfaction of obligations, such as receipts, to the extent and in such form as may be designated by the City. If a subcontractor or material supplier refuses to furnish a release or waiver as required by the City, the Contractor may furnish a bond satisfactory to the City to indemnify the City against such lien. If such lien remains unsatisfied after payments are made, the Contractor shall refund to the City all money that the City may be compelled to pay in discharging such lien, including all costs and reasonable attorneys’ fees. Acceptance of final payment by the Contractor, a subcontractor or material supplier shall constitute a waiver of claims by that payee, except those claims previously made in writing and identified by that payee as unsettled at the time of final application for payment. “EXHIBIT J” Reserved “EXHIBIT K” The City will be Administering the Contract Itself “EXHIBIT L” See Exhibit “A” “EXHIBIT M” Reserved “EXHIBIT N” Reserved CITY COUNCIL AGENDA ITEM TO: City Council DATE: July 27, 2021 FROM: Steven Krokoff, City Manager AGENDA ITEM: Approval of Subdivision Plats and Revisions MEETING DATE: Monday, August 2, 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 August 2, 2021 X X To: Honorable Mayor and City Council Members From: Robert Buscemi, Community Development Director Date: Submitted on July 27, 2021 for the August 2, 2021 Regular Council Meeting Agenda Item: Approval of Subdivision Plats and Revisions. ____________________________________________________________________________ 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 The Homestead Milton described herein consists of 172.8 acres located on Hopewell Road and is formerly known as The Trophy Club Golf Course. This plat proposes thirty-two (32) large lots ranging in size from 3.04 acres – 10.33 acres. 2. The minor plat for Providence Manor described herein consists of a 3.0 acre parcel located on New Providence Road to be subdivided into three (3) one- acre tracts. 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 18 Attachment(s): Plat List, Location Map, Plats Name of Development / Location Action Comments / # lots Total Acres Density 1.The Homestead Milton Hopewell Road LL 543-547, 606-609 & 617-618 Dist. 2 Sect. 2 Minor Plat Create thirty-two (32) large lots ranging in size from 3.04 acres – 10.33 acres 172.8 Acres 0.19 Lots / Acre 2.Providence Manor New Providence Road LL1067 Dist. 2 Sect. 2 Minor Plat Subdividing one parcel into 3 Tracts 3.0 Acres 1 Lot / Acre Consent Agenda Plats Staff Memo Page 3 of 18 The Homestead Milton Consent Agenda Plats Staff Memo Page 4 of 18 The Homestead Milton Consent Agenda Plats Staff Memo Page 5 of 18 Consent Agenda Plats Staff Memo Page 6 of 18 Consent Agenda Plats Staff Memo Page 7 of 18 Consent Agenda Plats Staff Memo Page 8 of 18 Consent Agenda Plats Staff Memo Page 9 of 18 Consent Agenda Plats Staff Memo Page 10 of 18 Consent Agenda Plats Staff Memo Page 11 of 18 Consent Agenda Plats Staff Memo Page 12 of 18 Consent Agenda Plats Staff Memo Page 13 of 18 Consent Agenda Plats Staff Memo Page 14 of 18 Consent Agenda Plats Staff Memo Page 15 of 18 Consent Agenda Plats Staff Memo Page 16 of 18 Consent Agenda Plats Staff Memo Page 17 of 18 New Providence Manor Consent Agenda Plats Staff Memo Page 18 of 18 CITY COUNCIL AGENDA ITEM TO: City Council DATE: July 27, 2021 FROM: Steven Krokoff, City Manager AGENDA ITEM: Proclamation Recognizing the 2021 Milton Mutangs Swim Team. MEETING DATE: Monday, August 2, 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 August 2, 2021 Proclamation Recognizing the 2021 Milton Mustangs Swim Team WHEREAS, the Milton Mustangs Swim Team has been training and competing out of the City Pool since the summer of 2018, soon after the City purchased the former Milton Country Club; and WHEREAS, the program has grown significantly since its inception, from 87 swimmers in its first year to over 200 for this past season; and WHEREAS, these scores of young athletes, between the ages of 5 and 18, develop skills, stamina and character as members of the Mustangs team; and WHEREAS, their success and growth is made possible by adults who help run the program led by Milton residents Beth Wilson and Stephanie Mynatt, who have been volunteer organizers from the beginning; and WHEREAS, the Milton Mustangs team went undefeated this summer, winning all five of their meets to become 2021 Dual Meet Divisional Champions; and WHEREAS, swimmers broke 24 individual event records and 10 relay records for the Mustangs program during the 2021 season; and WHEREAS, the Milton Mustangs had 33 individual and relay participants in the Divisional Meet at the Georgia Tech Aquatic Center, finishing in the top 10 among 44 teams; and NOW, THEREFORE, we, the Mayor and City Council of the City of Milton, hereby recognize and honor the 2021 Milton Mustangs Swim Team and congratulate them for their hard work and achievement. Given under our hand and seal of the City of Milton, Georgia, on this ____ day of August, 2021. ____________________________________ Joe Lockwood CITY COUNCIL AGENDA ITEM TO: City Council DATE: July 27, 2021 FROM: Steven Krokoff, City Manager AGENDA ITEM: Consideration of an Ordinance of the Mayor and Council of the City of Milton, Georgia, to Establish the Ad Valorem Tax Rate of the City of Milton for Fiscal Year 2022; and for Other Purposes. MEETING DATE: Monday, August 2, 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: __________ August 2, 2021 X X X To: Honorable Mayor and City Council Members From: Bernadette Harvill, Assistant City Manager Date: Submitted on July 27, 2021 for the August 2, 2021 Special Called City Council Meeting (First Presentation) and August 9, 2021 Special Called City Council Meeting (Unfinished Business) Agenda Item: Consideration of an Ordinance of the Mayor and Council of the City of Milton, Georgia, to Establish the Ad Valorem Tax Rate of the City of Milton for Fiscal Year 2022; and for Other Purposes. Executive Summary: The City has advertised and enclosed an ordinance based on a Maintenance and Operating (M&O) millage rate of 4.731 mills, which maintains the same millage rate used to calculate Milton property tax bills for each tax year from 2007 to 2020 (excluding 2018). We are also proposing a bond millage rate of 0.487 mills for the General Obligation Bond, Series 2017 (i.e. greenspace bond) that was approved through referendum on the November 2016 ballot. This will cover the fifth year of debt service payments totaling $1,711,375. The Fulton County consolidation and evaluation of digest for tax year 2021 reflects taxable assessments for real and personal property at $3,419,917,902 net of exemptions (please note HB710 passed in 2018 created a new floating exemption based on the consumer price index for properties with a current homestead exemption including the primary residence and five (5) contiguous acres of land which has more than doubled the City’s exemptions). The State of Georgia requires two calculations when comparing year over year tax collection rates. The calculation of percentage increase/decrease in property taxes involves the calculation of a rollback rate. The rollback rate takes reassessments of existing real property and other net changes to the digest, such as new construction, into consideration (please see advertisement #1 enclosed). According to this calculation, maintaining a 4.731 M&O millage rate represents an increase of 6.08% from the updated 2020 digest figures provided by Fulton County. The main factor causing this increase is the reassessment of existing real property and the related impact of the floating exemption calculation related to these reassessments. The second calculation (advertisement #2 enclosed) represents the five-year history of levy. This formula compares taxes levied year over year without consideration of the impacts related directly to reassessments of existing real property. The result is a 9.3% increase year over year levy anticipation (based on a 100% collection rate) for the 2021 tax year when compared to the updated figures for 2020. Motor vehicle assessed values in 2021 are $10,894,780 and have decreased by 25% since 2020. This decline is a result of HB386, which is phasing out motor vehicle taxes (or the “birthday tax”) and replacing it with the title ad valorem tax (TAVT). The TAVT is a one-time title fee that is paid on all vehicle sales. It is not a property tax and is, therefore, not included in the tax digest. Funding and Fiscal Impact: The total amount of property taxes to be levied for M&O purposes, excluding motor vehicle tax, is roughly $13.9 million (this amount is based on a 100% collection rate). The FY 2022 budget anticipates year one collections totaling $13,111,743, or 97%, for real property (a 5% increase from FY 2021’s amendment budget) and $194,308, or 65%, for personal property (a 2% decrease from FY 2021’s amended budget). Historically, Milton has experienced a collection rate of approximately 97% of the projected real property digest in year one of collections. Alternatives: Other Council directed action. Legal Review: Not required. Concurrent Review: Steve Krokoff, City Manager Page 1 of 2 STATE OF GEORGIA ORDINANCE NO. COUNTY OF FULTON AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE CITY OF MILTON, GEORGIA, TO ESTABLISH THE AD VALOREM TAX RATE OF THE CITY OF MILTON FOR FISCAL YEAR 2022; AND FOR OTHER PURPOSES WHEREAS, the Charter of the City of Milton, Georgia authorizes the City to levy and provide for the assessment of ad valorem property taxes on all property subject to taxation; and WHEREAS, the Charter of the City of Milton, Georgia provides that the valuation of all property subject to taxation by the City shall be determined according to the tax digest prepared by the Fulton County Board of Tax Assessors; and WHEREAS, the Mayor and City Council, after hearing and after duly considering all such relevant evidence, testimony and public comments, has determined that it is in the best interests of, and necessary to meet the expenses and obligations of, the City of Milton, Georgia to set a levy in the amount of $5.218 on each $1,000.00 of taxable value for all property subject to ad valorem taxation by the City; now BE IT ORDAINED by the Mayor and City Council of the City of Milton, Georgia as follows: SECTION I: The ad valorem tax rate for the City of Milton, Georgia for the 2022 fiscal year, on property subject to ad valorem taxation by the City is hereby fixed at $5.218 on forty percent (40%) of each $1,000.00 of property subject to ad valorem tax by the City. SECTION II: Said rate of $5.218 on forty percent (40%) of each $1,000.00 of taxable property is hereby levied as follows: (a) For General Government purposes $4.731 on forty percent (40%) of each $1,000.00 of taxable property. (b) For the purpose of retiring outstanding General Obligation bonds, $0.487 on forty percent (40%) of each $1,000.00 of taxable property. SECTION III: All ordinances and parts of ordinances in conflict herewith are hereby repealed. Page 2 of 2 ORDAINED this the ____day of ________, 2021. ____________________________________ Joe Lockwood, Mayor Attest: ___________________________ Tammy Lowit, City Clerk (SEAL) IncorporatedCity of Milton2016 2017 2018 2019 2020 2021Real & Personal2,436,165,041 2,501,923,182 3,002,308,260 3,159,080,577 3,191,486,149 3,419,917,902Motor Vehicle55,613,700 38,158,500 26,535,480 19,364,570 14,490,680 10,894,780Mobile Homes000000Timber – 100%000000Heavy Duty Equipment0211,374 61,46376,149225,8480Gross Digest2,491,778,741 2,540,293,056 3,028,905,203 3,178,521,296 3,206,202,677 3,430,812,682Less M&O Exemptions165,583,140 169,475,550 196,963,090 533,271,000 523,537,893 499,563,498Net M&O Digest2,326,195,601 2,370,817,506 2,831,942,113 2,645,250,296 2,682,664,784 2,931,249,184Gross M&O Millage Rate8.3428.2447.4178.1718.3437.727Less Millage Rate Rollbacks (LOST)3.6113.5133.0273.4403.6122.996Net M&O Millage Rate4.7314.7314.394.7314.7314.731Bond Millage Rate00.3210.6710.5880.5380.487Total City Millage Rate 4.7315.0525.0615.3195.2695.218M&O Taxes Levied11,005,231 11,216,338 12,432,226 12,514,679 12,691,687 13,867,740Bond Taxes Levied0761,032 1,900,233 1,821,658 1,655,748 1,601,485Total City Taxes Levied11,005,231 11,977,370 14,332,459 14,336,337 14,347,435 15,469,225Net M&O Taxes $ Increase379,417 211,106 1,215,888 82,453 177,008 1,176,053 Net M&O Taxes % Increase3.6%1.9%10.8%0.7%1.4%9.3%CITY OF MILTONNOTICEThe City of Milton does hereby announce that the millage rate will be set at a meeting to be held at City Hall Council Chambers, 2006 Heritage Walk, Milton, Georgia on August 9, 2021 immediately following the Work Session at 6:00 PM and pursuant to the requirements of O.C.G.A § 48-5-32 does hereby publish the following presentation of the current year’s tax digest and levy, along with the history of the tax digest and levy for the past five years.Current 2021 Tax Digest and Five Year History of LevyAll calculations are based upon a 100% collection rate. Figures for 2016-2020 have been updated to reflect the most recent consolidation and evaluation of digest provided by Fulton County for each year, and 2021 figures are based on current estimates provided by Fulton County. Advertisement #2 CITY OF MILTON NOTICE OF PROPERTY TAX INCREASE AS REQUIRED BY STATE LAW The City of Milton has tentatively adopted a millage rate which will require an increase in property taxes by 6.08 percent. All concerned citizens are invited to the public hearings on this tax increase to be held at the City of Milton Council Chambers, 2006 Heritage Walk, Milton, Georgia, 30004, on the following dates and times: August 2, 2021 at 9:00 AM August 2, 2021 at 6:00 PM August 9, 2021 immediately following the work session at 6:00 PM This tentative increase will result in a millage rate of 4.731 mills, an increase of 0.271 mills. Without this tentative tax increase, the millage rate will be no more than 4.460 mills. The proposed tax increase for a home with a fair market value of $575,000 is approximately $62.33 and the proposed tax increase for non-homestead property with a fair market value of $600,000 is approximately $65.04. CITY OF MILTON NOTICE OF PROPERTY TAX INCREASE DETAILED EXPLANATION For the 2021 tax year, staff will be presenting the current/capped millage rate option of 4.731 mills, which the City has had in place since incorporation (with the exception of tax year 2018), as well as the rollback millage rate option of 4.460 mills to the City Council. Please note, the legally advertised rate above excludes the separately calculated greenspace bond millage rate. Actual changes in property values will not be available until the City receives the official property digest from the Fulton County Tax Commissioner. Advertisement #1 CITY COUNCIL AGENDA ITEM TO: City Council DATE: July 27, 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)) (First Presentation at May 24, 2021 City Council Meeting) (Deferred at June 7, 2021 City Council Meeting) (Deferred at July 19, 2021 City Council Meeting) MEETING DATE: Monday, August 2, 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 August 2, 2021 X Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on July 19, 2021 (Deferred June 7, 2021, First Presentation May 24, 2021). 7/15/2021 Page 1 of 20 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 July 19, 2021 (Deferred June 7, 2021, First Presentation May 24, 2021). 7/15/2021 Page 2 of 20 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. MAYOR AND CITY COUNCIL RECOMMENDATION – JUNE 7, 2021 U21-01 – DEFERRAL – The motion passed (5-2). Councilmember Moore and Councilmember Bentley opposed the motion. VC21-03, PARTS 1 AND 2 – DEFFERAL – The motion passed (5-2). Councilmember Moore and Councilmember Bentley opposed the motion. Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on July 19, 2021 (Deferred June 7, 2021, First Presentation May 24, 2021). 7/15/2021 Page 3 of 20 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 July 19, 2021 (Deferred June 7, 2021, First Presentation May 24, 2021). 7/15/2021 Page 4 of 20 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 July 19, 2021 (Deferred June 7, 2021, First Presentation May 24, 2021). 7/15/2021 Page 5 of 20 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 July 19, 2021 (Deferred June 7, 2021, First Presentation May 24, 2021). 7/15/2021 Page 6 of 20 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 July 19, 2021 (Deferred June 7, 2021, First Presentation May 24, 2021). 7/15/2021 Page 7 of 20 U21-01/VC21-03 Agricultural Related REVISED SITE PLAN SUBMITTED - MAY 25, 2021 Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on July 19, 2021 (Deferred June 7, 2021, First Presentation May 24, 2021). 7/15/2021 Page 8 of 20 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. Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on July 19, 2021 (Deferred June 7, 2021, First Presentation May 24, 2021). 7/15/2021 Page 9 of 20 U21-01/VC21-03 Agricultural Related 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. 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. Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on July 19, 2021 (Deferred June 7, 2021, First Presentation May 24, 2021). 7/15/2021 Page 10 of 20 U21-01/VC21-03 Agricultural Related 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 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 Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on July 19, 2021 (Deferred June 7, 2021, First Presentation May 24, 2021). 7/15/2021 Page 11 of 20 U21-01/VC21-03 Agricultural Related 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 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 Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on July 19, 2021 (Deferred June 7, 2021, First Presentation May 24, 2021). 7/15/2021 Page 12 of 20 U21-01/VC21-03 Agricultural Related 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. 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 July 19, 2021 (Deferred June 7, 2021, First Presentation May 24, 2021). 7/15/2021 Page 13 of 20 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 Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on July 19, 2021 (Deferred June 7, 2021, First Presentation May 24, 2021). 7/15/2021 Page 14 of 20 U21-01/VC21-03 Agricultural Related Part 1 - 64-1797 (2)(d): Allow the existing parking areas, wood pavilion, horse arenas, and driveways within the 100-foot activity setback. 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 Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on July 19, 2021 (Deferred June 7, 2021, First Presentation May 24, 2021). 7/15/2021 Page 15 of 20 U21-01/VC21-03 Agricultural Related *No overnight camps or events 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 July 19, 2021 (Deferred June 7, 2021, First Presentation May 24, 2021). 7/15/2021 Page 16 of 20 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 July 19, 2021 (Deferred June 7, 2021, First Presentation May 24, 2021). 7/15/2021 Page 17 of 20 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 July 19, 2021 (Deferred June 7, 2021, First Presentation May 24, 2021). 7/15/2021 Page 18 of 20 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 July 19, 2021 (Deferred June 7, 2021, First Presentation May 24, 2021). 7/15/2021 Page 19 of 20 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 revised Site Plan received by the Community Development Department on May 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 July 19, 2021 (Deferred June 7, 2021, First Presentation May 24, 2021). 7/15/2021 Page 20 of 20 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 July 19, 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 19th day of July 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 revised Site Plan received by the Community Development Department on May 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 REVISED SITE PLAN SUBMITTED – MAY 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: July 27, 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. (First Presentation at May 24, 2021 City Council Meeting) (Deferred at June 7, 2021 City Council Meeting) (Deferred at July 19, 2021 City Council Meeting) MEETING DATE: Monday, August 2, 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: __________ August 2, 2021 X X X Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on July 19, 2021 (Deferred - June 7, 2021, First Presentation - May 24, 2021) 7/15/2021 Page 1 of 21 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) Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on July 19, 2021 (Deferred - June 7, 2021, First Presentation - May 24, 2021) 7/15/2021 Page 2 of 21 U21-02 – Rural Event Facility COMMUNITY DEVELOPMENT DEPARTMENT RECOMMENDATION U21-02 – DENIAL PLANNING COMMISSION RECOMMENDATION – APRIL 28, 2021 U21-02 – DENIAL – Vote of 6-1 (Middlebrooks in the negative) MAYOR AND CITY COUNCIL RECOMMENDATION – JUNE 7, 2021 U21-02 – DEFERRAL – The motion passed (5-2). Councilmember Moore and Councilmember Bentley opposed the motion. Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on July 19, 2021 (Deferred - June 7, 2021, First Presentation - May 24, 2021) 7/15/2021 Page 3 of 21 U21-02 – Rural Event Facility LOCATION MAP Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on July 19, 2021 (Deferred - June 7, 2021, First Presentation - May 24, 2021) 7/15/2021 Page 4 of 21 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 July 19, 2021 (Deferred - June 7, 2021, First Presentation - May 24, 2021) 7/15/2021 Page 5 of 21 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 July 19, 2021 (Deferred - June 7, 2021, First Presentation - May 24, 2021) 7/15/2021 Page 6 of 21 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 July 19, 2021 (Deferred - June 7, 2021, First Presentation - May 24, 2021) 7/15/2021 Page 7 of 21 U21-02 – Rural Event Facility REVISED SITE PLAN SUBMITTED – MAY 25, 2021 Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on July 19, 2021 (Deferred - June 7, 2021, First Presentation - May 24, 2021) 7/15/2021 Page 8 of 21 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 July 19, 2021 (Deferred - June 7, 2021, First Presentation - May 24, 2021) 7/15/2021 Page 9 of 21 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 July 19, 2021 (Deferred - June 7, 2021, First Presentation - May 24, 2021) 7/15/2021 Page 10 of 21 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 July 19, 2021 (Deferred - June 7, 2021, First Presentation - May 24, 2021) 7/15/2021 Page 11 of 21 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 July 19, 2021 (Deferred - June 7, 2021, First Presentation - May 24, 2021) 7/15/2021 Page 12 of 21 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 July 19, 2021 (Deferred - June 7, 2021, First Presentation - May 24, 2021) 7/15/2021 Page 13 of 21 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 July 19, 2021 (Deferred - June 7, 2021, First Presentation - May 24, 2021) 7/15/2021 Page 14 of 21 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 July 19, 2021 (Deferred - June 7, 2021, First Presentation - May 24, 2021) 7/15/2021 Page 15 of 21 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 July 19, 2021 (Deferred - June 7, 2021, First Presentation - May 24, 2021) 7/15/2021 Page 16 of 21 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 July 19, 2021 (Deferred - June 7, 2021, First Presentation - May 24, 2021) 7/15/2021 Page 17 of 21 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 July 19, 2021 (Deferred - June 7, 2021, First Presentation - May 24, 2021) 7/15/2021 Page 18 of 21 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 July 19, 2021 (Deferred - June 7, 2021, First Presentation - May 24, 2021) 7/15/2021 Page 19 of 21 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 July 19, 2021 (Deferred - June 7, 2021, First Presentation - May 24, 2021) 7/15/2021 Page 20 of 21 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 revised Site Plan received by the Community Development Department on May 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 July 19, 2021 (Deferred - June 7, 2021, First Presentation - May 24, 2021) 7/15/2021 Page 21 of 21 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 July 19, 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 19th day of July 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 revised Site Plan received by the Community Development Department on May 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. Page 6 of 7 U21-02 d) For any single event over 75 people, at least one off-duty police officer will be required. 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 REVISED SITE PLAN SUBMITTED – MAY 25, 2021 CITY COUNCIL AGENDA ITEM TO: City Council DATE: July 27, 2021 FROM: Steven Krokoff, City Manager AGENDA ITEM: Consideration of an Ordinance of the City Council to Authorize Fulton County to Conduct the November 2, 2021 General Municipal Election. (Deferred at July 19, 2021 City Council Meeting) MEETING DATE: Monday, August 2, 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 August 2, 2021 X X X To: Honorable Mayor and City Council Members From: Tammy Lowit, City Clerk Date: Submitted on June 28, 2021 for the July 7, 2021 Regular City Council Meeting (First Presentation) and July 19, 2021 Regular City Council Meeting (Unfinished Business) Agenda Item: Consideration of an Ordinance of the City Council to Authorize Fulton County to Conduct the November 2, 2021 General Municipal Election. Project Description: On November 2, 2021, an election will be held in the City of Milton to elect the Mayor and City Councilmembers for District1/Post 1, District 2/Post 1 and District 3/Post 1. O.C.G.A. §21-2-45 provides that a municipality may authorize and contract with a county to conduct elections. Approval of this ordinance will establish authority that the Mayor is authorized to enter into a contract with Fulton County to conduct this election. A copy of the Intergovernmental Agreement is attached to the ordinance and incorporated herein. Financial Review: The General Election fee of $155,039.00 includes $84,671 for the November 2, 2021 General Election and the amount of $70,368 for a potential run-off election to be held on November 30, 2021. In odd-numbered years when the municipalities and school districts hold regularly scheduled and special elections, the municipalities (including the City) and school districts will pay a no-refund, flat rate of $2.96 per registered voter for the election. If a run-off is required, the municipalities (including the City) and school districts will pay a no refund, flat rate of $2.46 per registered voter. This fee will be paid to Fulton County in advance of the election and maintained by Fulton County in a separate election account. Bernadette Harvill (July 2, 2019) Page 2 of 2 Legal Review: Sam VanVolkenbergh, Esq., Jarrard & Davis, LLC (May 22, 2021) Attachment(s): • Ordinance of the City Council to Authorize Fulton County to Conduct Election • Intergovernmental Agreement for the Provision of Election Services between Fulton County, Georgia and the City of Milton, Georgia Page 2 of 2 Attachment(s): • Ordinance of the City Council to Authorize Fulton County to Conduct Election • Intergovernmental Agreement for the Provision of Election Services between Fulton County, Georgia and the City of Milton, Georgia Page 1 of 2 STATE OF GEORGIA ORDINANCE NO. COUNTY OF FULTON AN ORDINANCE OF THE CITY COUNCIL TO AUTHORIZE FULTON COUNTY TO CONDUCT ELECTION THE COUNCIL OF THE CITY OF MILTON HEREBY ORDAINS, while in regular session on July 19, 2021 at 6:00 p.m. as follows: WHEREAS, on November 2, 2021, an election will be held in the City of Milton to elect the Mayor and City Council Members for District 1/Post 1, District 2/Post 1, and District 3/Post 1; and WHEREAS, O.C.G.A. § 21-2-45 provides that a municipality may authorize and contract with a county to conduct elections: NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF MILTON, and it is hereby ordained and established by authority of the same, that: 1. The Mayor is authorized to enter into a contract with Fulton County to conduct this election, which contract is attached hereto and incorporated herein. 2. All ordinances, parts of ordinances, or regulations in conflict herewith are repealed as of the effective date of this Ordinance. 3. Should any section of this Ordinance be declared invalid or unconstitutional by any court of competent jurisdiction, such declaration shall not affect the validity of the Ordinance as a whole or any part thereof which is not specifically declared to be invalid or unconstitutional. Page 2 of 2 4. This Ordinance shall take effect and be in force from and after the date of its adoption, the public welfare demanding it. The above Ordinance having been read according to law is hereby approved by the Mayor and Council of the City of Milton, Georgia on this 19th day of July 2021. Joe Lockwood, Mayor Attest: ______________________________ (SEAL) Tammy Lowit, City Clerk ______________________________ _______________________________ Peyton Jamison, Mayor Pro Tem Paul Moore, Councilmember (District 1/Post 1) (District 2/Post 2) ______________________________ _______________________________ Carol Cookerly, Councilmember Joseph Longoria, Councilmember (District 1/Post 2) (District 3/Post 1) __________________________ _______________________________ Laura Bentley, Councilmember Rick Mohrig, Councilmember (District 2/Post 1) (District 3/Post 2) INTERGOVERNMENTAL AGREEMENT FOR THE PROVISION OF ELECTION SERVICES BETWEEN FULTON COUNTY, GEORGIA and CITY OF MILTON, GEORGIA THIS INTERGOVERNMENTAL AGREEMENT is entered into this ____ day of ______________, 2021, between Fulton County, Georgia (“County”), a political subdivision of the State of Georgia, and the City of Milton, Georgia (“City”), a municipal corporation lying wholly or partially within the County. WHEREAS, the parties to this Agreement are both governmental units; and WHEREAS, the County and the City desire to maintain a mutually beneficial, efficient and cooperative relationship that will promote the interests of the citizens of both jurisdictions; and WHEREAS, the City desires to contract with the County to conduct this election for the citizens of the City pursuant to the applicable laws of the State of Georgia; and WHEREAS, the City and the County are authorized by Art. IX, Sec. III, Par. I of the Constitution of the State of Georgia to contract for any period not exceeding fifty (50) years for the provision of facilities or services which they are authorized by law to provide, including an agreement for the conduct of the City elections; and WHEREAS, O.C.G.A. § 21-2-45(c) authorizes the governing authority of any municipality to contract with the county within which that municipality wholly or partially lies to conduct any or all elections; and WHEREAS, pursuant to O.C.G.A. § 21-2-45(c), a municipality may by ordinance authorize a county to conduct such election(s), and the City has adopted such an ordinance; and WHEREAS, the Fulton County Board of Registration and Elections (“BRE”) has jurisdiction over the conduct of primaries and elections and the registration of electors in the County; and WHEREAS, the BRE, among other things, is responsible for the selection and appointment of the elections Superintendent, who selects, appoints, and trains poll workers for elections; NOW THEREFORE, in consideration of the following mutual obligations, the County and City agree as follows: Page 2 of 13 ARTICLE 1 CONDUCT OF ELECTIONS 1.1 This Agreement will govern the conduct of any and all elections which the City requests the County to conduct, including any and all runoffs which may be necessary. It is the intent of the parties that City elections be conducted in compliance with all applicable federal, state and local legal requirements. 1.2 For each City election, City, at its sole option, shall submit to County a request in the form attached hereto as Exhibit A. Requests must be made in conformance with O.C.G.A § 21-2- 540, now and as it may be amended hereafter, to the address specified in the Notice Section below. If a timely request is not made, the County shall have no obligation to conduct the City election which was the subject of the request. 1.3 In the event any special City election becomes necessary, the City and the County shall confer and determine a mutually convenient date as allowed by law to conduct any such election. ARTICLE 2 TERM OF AGREEMENT This Agreement shall commence on the date that it is executed by or on behalf of the governing authority of Fulton County, Georgia and will terminate on December 31, 2021, unless otherwise terminated as set forth herein. ARTICLE 3 DUTIES AND RESPONSIBILITIES Pursuant to this Agreement, each party shall provide the following enumerated services for the election to be held November 2, 2021: 3.1 Upon receipt of request to perform a City election, and the agreement to conduct a City election, the County through the Superintendent or their designee(s) shall be responsible for: a) Designating early and advance voting sites and hours; b) Placing the City’s candidate(s) on the electronic and printed ballots for City elections after qualifying; c) Placing the City’s referendum question(s) on the ballot for a City election after timely written notice from the City is received by the County (which such notice shall include all necessary details and information); d) Hiring, training, supervising and paying poll officers and absentee ballot clerks; e) Preparing and submitting to the City Clerk, as required by state law O.C.G.A. § 21-2-224(e), now and as it may be amended hereafter, a list of electors. Page 3 of 13 f) Performing duties of elections Superintendent, and absentee ballot clerk for the November 2, 2021 City General election; g) Performing logic and accuracy testing as required by Subject 183-1-12 of the Official Compilation of Rules and Regulations of the State of Georgia, now and as it may be hereafter amended; h) Providing staff, equipment and supplies for conducting the November 2, 2021 City General election at City polling places on City election days and for conducting recounts as may be required; i) Certifying City election returns as required by state law O.C.G.A. § 21-2-493, now and as it may be amended hereafter, and submitting certified City election returns to the Georgia Secretary of State and City Clerk or as otherwise directed; j) Upon a change in City precincts or voter districts, notifying City residents of any change in voting districts and/or municipal precincts; and 3.2 The City shall be responsible for: a) Recommending early voting sites and hours of operation to the County. b) Adopting Election resolutions pursuant to O.C.G.A. § 21-2-45(c), now and as it may be amended hereafter, and calls for special City elections as required by O.C.G.A. § 21-2-540, now and as it may be amended hereafter; c) Preparing qualifying materials for potential candidates and performing qualifying of candidates, including any write-in candidates, for City elections as required by state law, specifically O.C.G.A. § 21-2-130 et seq., now and as it may be amended hereafter; d) Placing advertisements in the City’s legal organ regarding calls for City elections, as required by state law O.C.G.A. § 21-2-540, now and as it may be amended hereafter; e) Fixing and publishing the qualifying fee as required by state law under O.C.G.A. § 21-2-131, now and as it may be amended hereafter; f) Collecting and retaining the qualifying fee as required by state law O.C.G.A. § 21-2-131, now and as it may be amended hereafter; g) Performing filing officer duties as required by the Georgia Government Transparency and Campaign Finance Commission for any and all state reports filed by the candidates or committees in conjunction with City elections to ensure compliance with Title 21, Chapter 5 of the Official Code of Georgia; Page 4 of 13 h) If the City desires to review and verify the accuracy of the voter list(s) for City residents, it must do so not less than 30 days prior to Election Day; i) Providing the County with an electronic copy of referendums that must be placed on a ballot; j) Reviewing ballot proofs and notifying County of corrections or approval within twenty-four (24) hours of receiving proofs for candidate listings; and k) Otherwise cooperating with the County in the performance of this Agreement and providing the County such documentation and information as it may reasonably request to facilitate the performance of its duties under this Agreement. ARTICLE 4 COMPENSATION AND CONSIDERATION 4.1 For City elections that are to be conducted contemporaneously with a countywide General Election, pursuant to this Agreement and to action of the Board of Commissioners on August 3, 2016, the City will not be charged for the cost of said election. 4.2 In odd-numbered years when the municipalities and school districts hold regularly scheduled and special elections, the municipalities (including the City) and school districts will pay a no refund, flat rate of $2.96 per registered voter for the election. If a run-off is required, the municipalities (including the City) and school districts will pay a no refund, flat rate of $2.46 per registered voter. The payment of these per registered voter amounts is inclusive of the provision of 10 early voting sites. Additional early voting sites could require additional payment. In odd-numbered years, the municipalities (including the City) and school districts will coordinate with Fulton County in setting the dates of elections so as to mitigate the financial burden being shifted to Fulton County for the conduct of elections. The City will pay the cost of such election and run-off election (if applicable) based on the rates stated above and the calculated contribution prepared in accordance with the form attached hereto as Exhibit B. ARTICLE 5 LEGAL RESPONSIBILITIES 5.1 The City shall be solely responsible for any liability resulting from any claims or litigation arising from or pertaining to any City election, except claims or litigation regarding the acts of agents or employees of the County, the County Board of Registration and Elections, and the County Election Superintendent in connection with any City Election held pursuant to this Agreement. The City agrees to reimburse the County for all costs, including, but not limited to, court costs and attorney fees for the County Attorney or outside counsel, incurred by the County as a result of any such claim or litigation. The City shall make payment of such reimbursements Page 5 of 13 to the County within thirty (30) days of receipt of any invoice for reimbursement from the County. 5.2 In the event that a City election is contested, the City shall be solely responsible for any liability resulting from any claims or litigation arising from or pertaining to any contested City election, except claims or litigation regarding the acts of agents or employees of the County, the County Board of Registrations and Elections, and the County Election Superintendent in connection with any City Election held pursuant to this Agreement. The City agrees to reimburse the County for all costs incurred in responding to the election challenge, including, but not limited to, attorney’s fees for the County Attorney or outside counsel and all expenses associated with the election challenge and any appeals thereafter. The City shall make payment of such reimbursements to the County within thirty (30) days of receipt of any invoice for reimbursement from the County. If a second election is required, such election will constitute a City Election under this Agreement and shall be conducted in accordance with the terms of this Agreement. 5.3 To the extent allowed by law, the City agrees to defend and hold harmless the County with respect to any claim, demand, action, damages, judgment, cost and/or expenses (including, without limitation, reasonable attorney’s fees and legal expenses) to which the County may be subjected as a consequence of or as a result of any error, omission, tort, intentional tort, willful misconduct, or any other negligence on the part of the City and/or its employees. 5.4 To the extent allowed by law, the County agrees to defend and hold harmless the City with respect to any claim, demand, action, damages, judgment, cost and/or expenses (including, without limitation, reasonable attorney’s fees and legal expenses) to which the City may be subjected as a consequence of or as a result of any error, omission, tort, intentional tort, willful misconduct, or any other negligence on the part of the County and/or its employees. 5.5 It is the intent of the parties to be covered under the auspices of any applicable immunity granted by law. 5.6 Should it be necessary to comply with legal requirements that any of the County’s personnel shall be sworn in as a temporary officer or employee of the City, such formality shall be observed without limitation. ARTICLE 6 EMPLOYMENT STATUS 6.1 All County personnel assigned under this Agreement are and will continue to be employees of the County for all purposes, including, but not limited to: duties and responsibilities, employee benefits, grievance, payroll, pension, promotion, annual or sick leave, standards of performance, training, workers compensation and disciplinary functions. 6.2 All County personnel assigned under this Agreement are and will continue to be part of the Fulton County Department of Registration and Elections and under the supervision of the Superintendent. 6.3 All City personnel assigned under this Agreement are and will continue to be employees of the City. Page 6 of 13 ARTICLE 7 RECORDKEEPING AND REPORTING 7.1 The County Registration and Elections Department is the central repository for all departmental records and makes available public records as defined and required by the Georgia Open Records Act, O.C.G.A. § 50-18-70, et seq., O.C.G.A. § 21-2-51 and O.C.G.A. § 21-2-72, now and as they may be amended hereafter. During the term of this Agreement, the County will continue to comply with the applicable provisions of the Georgia Open Records Act and the Georgia Election Code. 7.2 Except as limited by any provision of state or federal law, the City may request, review and access data and County records at a mutually agreed upon time to ensure compliance with this Agreement. ARTICLE 8 E-VERIFY AND TITLE VI Each party agrees that it will comply with all E-Verify and Title VI requirements and execute any documents reasonably required related to such compliance. Further, each party agrees that any contracts let for work completed pursuant to this Agreement shall contain all required E-verify and Title VI requirements under applicable law. ARTICLE 9 AUTHORIZATION Each of the individuals executing this Agreement on behalf of his or her respective party agrees and represents to the other party that he or she is authorized to do so and further agrees and represents that this Agreement has been duly passed upon by the required governmental agency or council in accordance with all applicable laws and spread upon the minutes thereof. The parties hereto agree that this Agreement is an intergovernmental contract and is entered into pursuant to Article IX, Section III, Paragraph I of the Constitution of the State of Georgia 1983. Further, the Fulton County Board of Registration and Elections has reviewed and approved this Agreement and has authorized its Chairman and its Chief Administrative Officer to execute any ancillary documents required to complete the November 2021 General Election, including but not limited to the Notice of the Call of the General Election and the Notice of the General Election. ARTICLE 10 TERMINATION AND REMEDIES Either party may unilaterally terminate this Agreement, in whole or in part, for any reason whatsoever or no reason at all, by notice in writing to the other party delivered at least thirty (30) days prior to the effective date of the termination. Page 7 of 13 ARTICLE 11 NOTICES All required notices shall be given by certified first class U.S. Mail, return receipt requested. The parties agree to give each other non binding duplicate facsimile notice. Future changes in address shall be effective upon written notice being given by the City to the County Elections Superintendent or by the County to the Municipal Clerk via certified first class U.S. mail, return receipt requested. Notices shall be addressed to the parties at the following addresses: If to the County: Fulton County Board of Registration and Elections Attn: Director 130 Peachtree St SW, Suite 2186 Atlanta, Georgia 30303 Facsimile: 404.730.7024 With a copy to: Fulton County Office of the County Attorney Attn: County Attorney 141 Pryor Street SW, Suite 4038 Atlanta, Georgia 30303 Facsimile: 404.730.6540 If to the City: City Clerk City of Milton 2006 Heritage Walk Milton, GA 30004 With a copy to: City Attorney Jarrard & Davis, LLP 222 Webb Street Cumming, GA 30040 Attn: Ken Jarrard ARTICLE 12 NON-ASSIGNABILITY Neither party shall assign any of the obligations or benefits of this Agreement. Page 8 of 13 ARTICLE 13 ENTIRE AGREEMENT The parties acknowledge, one to the other, that the terms of this Agreement constitute the entire understanding and Agreement of the parties regarding the subject matter of the Agreement. This Agreement constitutes the entire understanding and agreement between the Parties concerning the subject matter of this Agreement, and supersedes all prior oral or written agreements or understandings. No representation oral or written not incorporated in this Agreement shall be binding upon the City or the County. All parties must sign any subsequent changes in the Agreement. ARTICLE 14 SEVERABILITY, VENUE AND ENFORCEABILITY If a court of competent jurisdiction renders any provision of this Agreement (or portion of a provision) to be invalid or otherwise unenforceable, that provision or portion of the provision will be severed and the remainder of this Agreement will continue in full force and effect as if the invalid provision or portion of the provision were not part of this Agreement. No action taken pursuant to this Agreement should be deemed to constitute a waiver of compliance with any representation, warranty, covenant or agreement contained in this Agreement and will not operate or be construed as a waiver of any subsequent breach, whether of a similar or dissimilar nature. This Agreement is governed by the laws of the state of Georgia without regard to conflicts of law principles thereof. Should any party institute suit concerning this Agreement, venue shall be in the Superior Court of Fulton County, Georgia. Should any provision of this Agreement require judicial interpretation, it is agreed that the court interpreting or construing the same shall not apply a presumption that the terms hereof shall be more strictly construed against one party by reason of the rule of construction that a document is to be construed more strictly against the party who itself or through its agent prepared the same, it being agreed that the agents of all parties have participated in the preparation hereof. ARTICLE 15 BINDING EFFECT This Agreement shall inure to the benefit of, and be binding upon, the respective parties’ successors. ARTICLE 16 COUNTERPARTS This Agreement may be executed in several counterparts, each of which shall be an original, and all of which shall constitute but one and the same instrument. Page 9 of 13 IN WITNESS WHEREOF, the City and County have executed this Agreement through their duly authorized officers on the day and year first above written. FULTON COUNTY, GEORGIA APPROVED AS TO SUBSTANCE: (Seal) ____________________________________ Chair, Board of Commissioners Attest: ______________________________ Clerk to Commission Date: ___________________ ATTEST: ___________________________________ APPROVED AS TO FORM: ___________________________________ Fulton County Attorney’s Office APPROVED AS TO SUBSTANCE: ___________________________________ Richard Barron Director, Fulton County Department of Registration and Elections Page 10 of 13 SIGNATURES APPEAR ON THE FOLLOWING PAGE Page 11 of 13 CITY OF MILTON, GEORGIA ____________________________ ________________________________ Mayor City Clerk (SEAL) Date: _______________________ APPROVED AS TO FORM: _____________________________ City Attorney Page 12 of 13 EXHIBIT A As per the Agreement executed on ___________________, the City of Milton, hereby requests that Fulton County conduct its General Election on November 2, 2021 within the boundary of Fulton County. The last day to register to vote in this election is October 4, 2021. The list of early voting locations will be forthcoming. This ____________ day of ___________, 2021. __________________________________ (SEAL) City Clerk The Fulton County Board of Registrations and Elections agrees to conduct the City of Milton General Election on November 2, 2021, within the boundary of Fulton County. This ____________ day of ___________, 2021. __________________________________ (SEAL) Elections Superintendent Fulton County Board of Registration and Elections Page 13 of 13 EXHIBIT B CITY OF MILTON FLAT RATE CONTRIBUTION Election November 2, 2021 General November 30, 2021 Runoff Citywide Number of Active Registered Voters (as of 3.23.2021) 28,605 28,605 Cost Per Voter $2.96 $2.46 Total Cost $84,671 $70,368 Grand Total $155,039.00 CITY COUNCIL AGENDA ITEM TO: City Council DATE: July 27, 2021 FROM: Steven Krokoff, City Manager AGENDA ITEM: Consideration of a Resolution to Transmit the Draft City of Milton Comprehensive Plan 2040 to the Atlanta Regional Commission (ARC) and GA Department of Community Affairs (DCA). MEETING DATE: Monday, August 2, 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 August 2, 2021 X X To: Honorable Mayor and City Council Members From: Robert Buscemi, Community Development Date: Submitted on July 27, 2021 for the August 2, 2021 Council Regular Meeting Agenda Item: Consideration of a Resolution to Transmit the Draft City of Milton Comprehensive Plan 2040 to the Atlanta Regional Commission (ARC) and GA Department of Community Affairs (DCA). _____________________________________________________________________________________ Department Recommendation: Approval. Executive Summary: The City of Milton adopted its 2030 Comprehensive Plan Update 2016 on October 17, 2016. Per the regional and State planning requirements, the City is required to prepare and submit a five-year update of its Comprehensive Plan by October 31, 2021. With the assistance of TSW planning consultant Laura Richter, Community Development Staff, and the Comprehensive Plan Advisory Committee (CPAC), the planning process got underway in November 2020 beginning with a Public Kick-Off Meeting on December 10, 2020. Subsequent CPAC meetings and community engagements and events were held to discuss and gather feedback. A total of eight CPAC Work sessions, two Virtual Public Workshops, two Pop-Up Events, three Community Education Sessions, and Draft Plan Open House were completed. Further, the Draft Comprehensive Plan 2040 was presented and discussed at the June 21, 2021 joint CPAC and City Council work session. The required 30 day public comment period was held from June 26th to July 26th, 2021. Feedback derived from the work session and public comment period were considered by CPAC and resulted in the revised Draft Plan dated July 30, 2021. Funding and Fiscal Impact: None Alternatives: None Legal Review: Paul Frickey, Jarrard & Davis (07-16-2021) Concurrent Review: Steve Krokoff, City Manager Attachment(s): Draft Comprehensive Plan 2040 Resolution to Transmit the Plan STATE OF GEORGIA COUNTY OF FULTON RESOLUTION NO. A RESOLUTION AUTHORIZING THE TRANSMITTAL OF A DRAFT CITY OF MILTON COMPREHENSIVE PLAN 2040 TO THE ATLANTA REGIONAL COMMISSION FOR REGIONAL AND STATE REVIEW WHEREAS, the City of Milton has completed the Draft City of Milton Comprehensive Plan 2040 as the State required five-year update; and WHEREAS, a 16-person Comprehensive Plan Advisory Committee (CPAC), plus two City Council liaisons, were appointed by the Mayor and Council to review and assist in the development of the Draft City of Milton Comprehensive Plan 2040; and WHEREAS, the preparation of the City’s Comprehensive Plan 2040 was initiated in the Summer of 2020 with the assistance of Tunnell-Spangler-Walsh & Associates (TSW), using funds provided by the City of Milton. WHEREAS, the document was prepared by TSW with funds provided by the City of Milton, in accordance with the Standards and Procedures for Local Comprehensive Planning established by the Georgia Planning Act of 1989, and the required public hearings were held on December 10, 2020 and August 2, 2021. BE IT THEREFORE RESOLVED that the City Council does hereby authorize the transmittal of the draft City of Milton Comprehensive Plan 2040 (a copy of which is attached hereto as Exhibit “A”) to the Atlanta Regional Commission for Regional and State review, as per the requirements of the Georgia Planning Act of 1989. RESOLVED this 2nd day of August 2021. _________________________ Joe Lockwood, Mayor Attest: _____________________________ Tammy Lowit, City Clerk August 2, 2021 Atlanta Regional Commission 229 Peachtree Street Suite 100 Atlanta, GA 30303 RE: Comprehensive Plan Update Submittal The City of Milton has completed an update of its comprehensive plan and is submitting it with this letter for review by the Atlanta Regional Commission and the Department of Community Affairs. I certify that we have held the required public hearings and have involved the public in development of the plan in a manner appropriate to our community’s dynamics and resources. Evidence of this has been included with our submittal. I certify that appropriate staff and decision-makers have reviewed both the Regional Water Plan covering our area and the Rules for Environmental Planning Criteria (O.C.G.A. 12-2-8) and have taken them into consideration in formulating our plan. In addition to the comprehensive plan, the City of Milton is additionally taking measures to finish their annual CIE Annual Update. Included in this comprehensive plan submittal is a draft of the CIE Annual Update, which will be formally submitted to the Department of Community of Affairs for a separate review on August 17, 2021. If you have any questions concerning our submittal, please contact Jackie Lim with the City of Milton at 678-242-2513 or jackie.lim@cityofmiltonga.us. Sincerely, Joe Lockwood Mayor, City of Milton *PLEASE NOTE: Draft Comprehensive Plan 2040 Attached in Separate Folder Link on Website Calendar dated 8/2/2021