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Agenda Packet - CC - 10/18/2021
CITY COUNCIL REGULAR MEETING City Council Chambers, City Hall Monday, October 18, 2021 at 6:00 PM AGENDA Joe Lockwood, Mayor CITY COUNCIL DISTRICT 1 DISTRICT 2 DISTRICT 3 Peyton Jamison – Post 1 Laura Bentley – Post 1 Joe Longoria – Post 1 Carol Cookerly – Post 2 Paul Moore – Post 2 Rick Mohrig – Post 2 ___________________________________________________________________________________ INVOCATION 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. 21-307) 5) PUBLIC COMMENT (General) – 6) CONSENT AGENDA A. Approval of October 4, 2021 City Council Meeting Minutes. (Agenda Item No. 21-308) (Tammy Lowit, City Clerk) B. Approval of a Service Agreement between the City of Milton and ClearGov for Access to the ClearGov Platform: Budgeting, Digital Budget Book, and Transparency Modules. (Agenda Item No. 21-309) (Bernadette Harvill, Asst. City Manager) 1 CITY COUNCIL REGULAR MEETING - Monday, October 18, 2021 PAGE | 2 2006 Heritage Walk, Milton, GA 30004 ǀ 678.242.2500 ǀ www.cityofmiltonga.us C. Approval of a Professional Services Agreement with KCI Technologies, Inc. for Planning and Engineering Services to Support the Completion and Implementation of a Local Road Safety Plan. (Agenda Item No. 21-310) (Sara Leaders, Public Works Director) D. Approval of Subdivision Plats and Revisions. (Agenda Item No. 21-311) (Robert Buscemi, Community Development Director) 7) REPORTS AND PRESENTATIONS A. Proclamation Recognizing Breast Cancer Awareness Month. (Councilmembers Joe Longoria and Rick Mohrig) B. Presentation of Community Development Updates. (Robert Buscemi, Community Development Director) C. Discussion of Special Event(s) Permitting in Milton. (Anita Jupin, Special Events Coordinator) 8) FIRST PRESENTATION 9) PUBLIC HEARING 10) ZONING AGENDA 11) UNFINISHED BUSINESS A. Consideration of an Ordinance to Amend Chapter 4 and Appendix A of the Milton Code of Ordinances (Alcoholic Beverages) to Update Various Sections to Clarify Intent. (Agenda Item No. 21-301) (Bernadette Harvill, Asst. City Manager) Name of Development / Location Action Comments / # lots Total Acres Density 1. Lots 273 & 274 of Phase 2E2 of The Manor 16047 & 16059 Manor Club Dr. LL 368 Dist. 2 Sect. 2 Minor Plat Combine Lots 273 & 274 into one single residential lot 2.69 Acres 0.74 Lots / Acre 2. The Meadows Parkside (Large Lot) 14945 Freemanville Rd. LL 599 & 600 Dist. 2 Sect. 2 Minor Plat Create five (5) large lots ranging in size from 3.06 acres – 4.41 acres 16.83 Acres 0.29 Lots / Acre 2 CITY COUNCIL REGULAR MEETING - Monday, October 18, 2021 PAGE | 3 2006 Heritage Walk, Milton, GA 30004 ǀ 678.242.2500 ǀ www.cityofmiltonga.us 12) NEW BUSINESS A. Consideration of the Issuance of an Alcohol Beverage License to I Love NY Pizza of Milton d/b/a Milton Mediterranean Cuisine, 980 Birmingham Road, Suite 200, Milton, GA 30004. (Agenda Item No. 21-312) (Bernadette Harvill, Asst. City Manager) B. Consideration of a Resolution Adopting Council Approval of the 2021-2022 Waste Hauler list. (Agenda Item No. 21-313) (Robert Buscemi, Community Development Director) C. Consideration of a Construction Service Agreement Between the City of Milton and Advanced Sports Group to Construct Two Artificial Turf Fields at the Cox Road Athletic Complex. (Agenda Item No. 21-314) (Tom McKlveen, Parks and Recreation Manager) D. Consideration of Stormwater Complaint by Herman Irani Against the City of Milton Related to City of Milton Park Property. (Agenda Item No. 21-315) (Ken Jarrard, City Attorney) E. Consideration of a Resolution to Extend a Moratorium that was Approved on June 21, 2021 - for 60 Days - on the Acceptance of Alcohol Applications, Building Permit Applications, and Land Disturbance Permit Applications for Farm Wineries in the City of Milton. (Agenda Item No. 21-316) (Ken Jarrard, City Attorney) 13) MAYOR AND COUNCIL REPORTS 14) STAFF REPORTS A. Finance 15) EXECUTIVE SESSION (if needed) 16) ADJOURNMENT (Agenda Item No. 21-317) Persons needing special accommodations in order to participate in any City meeting should call 678.242.2500. 3 CITY COUNCIL AGENDA ITEM TO: City Council DATE: October 12, 2021 FROM: Steven Krokoff, City Manager AGENDA ITEM: Approval of a Service Agreement between the City of Milton and ClearGov for Access to the ClearGov Platform: Budgeting, Digital Budget Book, and Transparency Modules MEETING DATE: Monday, October 18, 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 October 18, 2021 X X X 4 Section 6, Item B. To: Honorable Mayor and City Council Members From: Bernadette Harvill, Assistant City Manager Date: Submitted on October 12, 2021 for the October 18, 2021 Regular City Council Meeting Agenda Item: Approval of a Service Agreement between the City of Milton and ClearGov for Access to the ClearGov Platform: Budgeting, Digital Budget Book, and Transparency Modules _____________________________________________________________________________________ Project Description: In 2020, staff researched financial budgeting and transparency platforms with similar offerings to the city’s previous provider, comparing web-based platform modules and pricing. The company that was able to provide all the requested options at the most economical price point was ClearGov. The ClearGov platform has been well received by staff as well as the public. The attached service agreement will provide the City access to the following tools with ClearGov for an additional five years (please note, staff is requesting the addition of the capital and personnel budgeting modules to allow for greater efficiency throughout the budgeting process): • ClearGov Transparency - a transparency portal that will provide the public with up-to-date financial information, demographics, department metrics, capital project data including project budgets, timelines, details, and updates • ClearGov Budgets (operational, capital, and personnel) – a budget portal that will provide improved interdepartmental communication and collaboration throughout the budget process with the ability to upload supporting documentation, lock fields, and track progress through an internal dashboard, a web-based platform that will eliminate potential spreadsheet formula and data migration errors and allow for forecasting options and the build out of multiple budget scenarios • ClearGov Digital Budget Book – this module will provide an all-digital/interactive budget book that is GFOA compliant; interested parties will be able to drill down into specific topics and print detailed information on selected areas of interest and the book will be mobile friendly and ADA optimized Procurement Summary: Purchasing method used: Multi Year Contract Account Number: 100-1510-523850102 - $25,000 (annual subscription fee) Requisition Total: $25,000.00 5 Section 6, Item B. Financial Review: Honor Motes, October 11, 2021 Legal Review: – Jeff Strickland, Jarrard & Davis, LLP – October 11, 2021 Concurrent Review: Steven Krokoff, City Manager Attachment(s): ClearGov Service Agreement and Milton’s Agreement Supplement 6 Section 6, Item B. 7 Section 6, Item B. 8 Section 6, Item B. 9 Section 6, Item B. 10 Section 6, Item B. 11 Section 6, Item B. 12 Section 6, Item B. 13 Section 6, Item B. 14 Section 6, Item B. 15 Section 6, Item B. 16 Section 6, Item B. "N/A" 17 Section 6, Item B. CITY COUNCIL AGENDA ITEM TO: City Council DATE: October 12, 2021 FROM: Steven Krokoff, City Manager AGENDA ITEM: Approval of a Professional Services Agreement with KCI Technologies, Inc. for Planning and Engineering Services to Support the Completion and Implementation of a Local Road Safety Plan MEETING DATE: Monday, October 18, 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: __________ October 18, 2021 X X X X 18 Section 6, Item C. To: Honorable Mayor and City Council Members From: Sara Leaders, PE, Public Works Director Date: Submitted on October 11, 2021 for the October 18, 2021 Regular City Council Meeting Agenda Item: Approval of a Professional Services Agreement with KCI Technologies, Inc. for Planning and Engineering Services to Support the Completion and Implementation of a Local Road Safety Plan _____________________________________________________________________________________ Project Description: The City of Milton began identification of a Local Road Safety Plan (LRSP) in 2019 that started from an initiative to collect traffic counts and conduct a citywide speed study. Preparing a LRSP provides an opportunity to address unique roadway safety needs while meeting the goals and objectives of the City’s 2021 Strategic Plan. The development of the LRSP follows a process that is tailored to the community’s needs and issues. A request for proposals was issued for planning and engineering services to support completion and implementation of a Local Road Safety Plan. The city reviewed four submittals for both qualifications and price and is recommending approval of the Professional Services Agreement with KCI Technologies, Inc. Procurement Summary: Purchasing method used: RFP Account Number: 100-4101-521200000 Requisition Total: $82,400.00 Financial Review: Bernadette Harvill, October 12, 2021 Legal Review: Jeff Strickland, Jarrard & Davis, LLP – October 7, 2021 Attachment(s): Professional Services Agreement 19 Section 6, Item C. 1 PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT is made and entered into this_____ day of _____________, 2021 (the “Effective Date”), by and between the CITY OF MILTON, GEORGIA, a municipal corporation of the State of Georgia, acting by and through its governing authority, the Mayor and City Council (hereinafter referred to as the “City”), and KCI TECHNOLOGIES, INC., a Delaware corporation, (herein after referred to as the "Consultant"), collectively referred to herein as the "Parties." WITNESSETH: WHEREAS, City desires to retain Consultant to provide certain services in the completion of a Project (defined below); and WHEREAS, City finds that specialized knowledge, skills, and training are necessary to perform the Work (defined below) contemplated under this Agreement; and WHEREAS, Consultant has represented that it is qualified by training and experience to perform the Work; and WHEREAS, Consultant desires to perform the Work as set forth in this Agreement under the terms and conditions provided in this Agreement; and WHEREAS, the public interest will be served by this Agreement; and WHEREAS, Consultant has familiarized itself with the nature and extent of the Agreement, the Project, and the Work, and with all local conditions and federal, state and local laws, ordinances, rules and regulations that may in any manner affect cost, progress or performance of Work. NOW, THEREFORE, for and in consideration of the mutual promises, the public purposes, and the acknowledgements and agreements contained herein, and other good and adequate consideration, the sufficiency of which is hereby acknowledged, the Parties do mutually agree as follows: I. SCOPE OF SERVICES AND TERMINATION DATE A. Agreement. The Agreement shall consist of this Professional Services Agreement and each of the Exhibits hereto, which are incorporated herein by reference, including: Exhibit “A” – City Solicitation Documents Exhibit “B” – Consultant Response/Proposal 20 Section 6, Item C. 2 Exhibit “C” – Scope of Work Exhibit “D” – Contractor Affidavit Exhibit “E” – Subcontractor Affidavit Exhibit “F” – Key Personnel B. Project Description. The “Project” at issue in this Agreement is generally described as: development of a Local Road Safety Plan with Consultant having the responsibility to design, prepare, assemble, and coordinate the necessary documents to complete the project. C. The Work. The work to be completed under this Agreement 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”). Unless otherwise stated in Exhibit “C”, the Work includes all material, labor, insurance, tools, equipment, machinery, water, heat, utilities, transportation, facilities, services and any other miscellaneous items and work necessary to complete the Work. Some details necessary for proper execution and completion of the Work may not be specifically described in the Scope of Work, but they are a requirement of the Work if they are a usual and customary component of the contemplated services or are otherwise necessary for proper completion of the Work. D. Schedule, Completion Date, and Term of Agreement. Consultant understands that time is of the essence of this Agreement and warrants and represents that it will perform the Work in a prompt and timely manner, which shall not impose delays on the progress of the Work. The term of this Agreement shall commence as of the Effective Date and this Agreement shall terminate upon completion of all Work, provided that certain obligations will survive termination/expiration of this Agreement (“Term”). Work related to developing the plan Tasks 1, 2, 3, and 4 shall proceed according to the schedule provided in Exhibit “G”, attached hereto and incorporated herein by reference, which provides that the Work shall be completed within 4.5 months from notice to proceed. Work related to future “Tasks” for services as data collection for emphasis areas, data analysis, engineering design to support strategies and project, and details for public education and media plan (Tasks 5-8), may be added at the discretion of the City with scope, timing and fees separately negotiated, which negotiations the parties anticipate will occur on or before April 30, 2022. If the Term of this Agreement is longer than one fiscal year, the Parties agree that this Agreement, as required by O.C.G.A. § 36-60-13, shall terminate absolutely and without further obligation on the part of City on September 30 each fiscal year of the Term, and further, that this Agreement shall automatically renew on October 1 of each subsequent fiscal year absent City’s provision of written notice of non-renewal to Consultant at least five (5) days prior to the end of the then current fiscal year. Title to any supplies, materials, equipment, or other personal property shall remain in Consultant until fully paid for by City. II. WORK CHANGES A. Change Order Defined. A “Change Order” means a written modification of the Agreement, signed by representatives of City and Consultant with appropriate authorization. B. Right to Order Changes. City reserves the right to order changes in the Work to 21 Section 6, Item C. 3 be performed under this Agreement by altering, adding to, or deducting from the Work. All such changes shall be incorporated in written Change Orders and executed by Consultant and City. Such Change Orders shall specify the changes ordered and any necessary adjustment of compensation and completion time. If the Parties cannot reach an agreement on the terms for performing the changed work within a reasonable time to avoid delay or other unfavorable impacts as determined by City in its sole discretion, City shall have the right to determine reasonable terms, and Consultant shall proceed with the changed work. C. Change Order Requirement. Any work added to the scope of this Agreement by a Change Order shall be executed under all the applicable conditions of this Agreement. No claim for additional compensation or extension of time shall be recognized, unless contained in a written Change Order duly executed on behalf of City and Consultant. D. Authority to Execute Change Order. The City Manager has authority to execute, without further action of the Mayor or City Council, any number of Change Orders so long as their total effect does not materially alter the terms of this Agreement or materially increase the Maximum Contract Price, as set forth in Section III(B) below. Any such Change Orders materially altering the terms of this Agreement, or any Change Order affecting the price where the Maximum Contract Price (as amended) is in excess of $50,000, must be approved by resolution of the Mayor and City Council. Amendments shall not result in a variance in price exceeding ten percent of the original contract amount. III. COMPENSATION AND METHOD OF PAYMENT A. Payment Terms. City agrees to pay Consultant for the Work performed and costs incurred by Consultant upon certification by City that the Work was actually performed and costs actually incurred in accordance with the Agreement. Compensation for Work performed and, if applicable, reimbursement for costs incurred shall be paid to Consultant upon City’s receipt and approval of invoices, setting forth in detail the services performed and costs incurred, along with all supporting documents requested by City to process the invoice. Invoices shall be submitted on a monthly basis, and such invoices shall reflect costs incurred versus costs budgeted. Any material deviations in tests or inspections performed, or times or locations required to complete such tests or inspections, and like deviations from the Work described in this Agreement shall be clearly communicated to City before charges are incurred and shall be handled through Change Orders as described in Section II above. City shall pay Consultant within thirty (30) days after approval of the invoice by City staff. B. Maximum Contract Price. The total amount paid under this Agreement as compensation for Work performed and reimbursement for costs incurred for Tasks 1-4 stated herein, shall not, in any case, exceed $82,400.00 (the “Maximum Contract Price”), except as outlined in Section II(C) above, and Consultant represents that this amount is sufficient to perform all of the Work set forth in and contemplated by this Agreement. The compensation for Work performed shall be based upon lump sum prices. The City, at its discretion, may choose to negotiate scope and fee for Tasks 5-8 under a change order or additional agreement. To the extent any additional Work is added on an hourly rate basis, the rates provided in Exhibit B shall govern. 22 Section 6, Item C. 4 C. Reimbursement for Costs. The Maximum Contract Price set forth in Section III(B) above includes all costs, direct and indirect, needed to perform the Work and complete the Project. IV. COVENANTS OF CONSULTANT A. Expertise of Consultant; Licenses, Certification and Permits. Consultant accepts the relationship of trust and confidence established between it and City, recognizing that City’s intention and purpose in entering into this Agreement is to engage an entity with the requisite capacity, experience, and professional skill and judgment to provide the Work in pursuit of the timely and competent completion of the Work undertaken by Consultant under this Agreement. Consultant shall employ only persons duly qualified in the appropriate area of expertise to perform the Work described in this Agreement. Consultant covenants and declares that it has obtained all diplomas, certificates, licenses, permits or the like required of Consultant by any and all national, state, regional, county, or local boards, agencies, commissions, committees or other regulatory bodies in order to perform the Work contracted for under this Agreement. Further, Consultant agrees that it will perform all Work in accordance with the standard of care and quality ordinarily expected of competent professionals and in compliance with all federal, state, and local laws, regulations, codes, ordinances, or orders applicable to the Project, including, but not limited to, any applicable records retention requirements and Georgia’s Open Records Act (O.C.G.A. § 50-18-71, et seq.). Any additional work or costs incurred as a result of error and/or omission by Consultant as a result of not meeting the applicable standard of care or quality will be provided by Consultant at no additional cost to City. This provision shall survive termination of this Agreement. B. Budgetary Limitations. Consultant agrees and acknowledges that budgetary limitations are not a justification for breach of sound principals of Consultant’s profession and industry. Consultant shall take no calculated risk in the performance of the Work. Specifically, Consultant agrees that, in the event it cannot perform the Work within the budgetary limitations established without disregarding sound principles of Consultant’s profession and industry, Consultant will give written notice immediately to City. C. City’s Reliance on the Work. Consultant acknowledges and agrees that City does not undertake to approve or pass upon matters of expertise of Consultant and that, therefore, City bears no responsibility for Consultant’s Work performed under this Agreement. Consultant acknowledges and agrees that the acceptance of Work by City is limited to the function of determining whether there has been compliance with what is required to be produced under this Agreement. City will not, and need not, inquire into adequacy, fitness, suitability or correctness of Consultant’s performance. Consultant further agrees that no approval of designs, plans, specifications or other work product by any person, body or agency shall relieve Consultant of the responsibility for adequacy, fitness, suitability, and correctness of Consultant’s Work under professional and industry standards, or for performing services under this Agreement in accordance with sound and accepted professional and industry principles. D. Consultant’s Reliance on Submissions by City. Consultant must have timely 23 Section 6, Item C. 5 information and input from City in order to perform the Work required under this Agreement. Consultant is entitled to rely upon information provided by City, but Consultant shall provide immediate written notice to City if Consultant knows or reasonably should know that any information provided by City is erroneous, inconsistent, or otherwise problematic. E.Consultant’s Representative. __________________ [INSERT NAME] shall be authorized to act on Consultant’s behalf with respect to the Work as Consultant’s designated representative, provided that this designation shall not relieve either Party of any written notice requirements set forth elsewhere in this Agreement. F.Assignment of Agreement. Consultant covenants and agrees not to assign or transfer any interest in, or delegate any duties of this Agreement, without the prior express written consent of City. As to any approved subcontractors, Consultant shall be solely responsible for reimbursing them, and City shall have no obligation to them. G.Responsibility of Consultant and Indemnification of City. Consultant covenants and agrees to take and assume all responsibility for the Work rendered in connection with this Agreement. Consultant shall bear all losses and damages directly or indirectly resulting to it and/or City on account of the performance or character of the Work rendered pursuant to this Agreement. Consultant shall indemnify and hold harmless City and City’s elected and appointed officials, officers, boards, commissions, employees, representatives, consultants, servants, agents, attorneys and volunteers (individually an “Indemnified Party” and collectively “Indemnified Parties”) from and against any and all claims, suits, actions, judgments, injuries, damages, losses, costs, expenses and liability of any kind whatsoever, including but not limited to attorney’s fees and costs of defense (“Liabilities”), to the extent Liabilities are caused by or result from the negligence, recklessness, or intentionally wrongful conduct of the Consultant or other persons employed or utilized by the Consultant in the performance of this Agreement. This indemnity obligation shall not be construed to negate, abridge, or otherwise reduce any other right or obligation of indemnity which would otherwise exist as to any party or person described in this provision. In any and all claims against an Indemnified Party, by any employee of Consultant, its subcontractor, anyone directly or indirectly employed by Consultant or subcontractor or anyone for whose acts Consultant or subcontractor may be liable, the indemnification obligation set forth in this provision shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for Consultant or any subcontractor under workers’ or workmen’s compensation acts, disability benefit acts or other employee benefit acts. This obligation to indemnify and hold harmless the Indemnified Party(ies) shall survive expiration or termination of this Agreement, provided that the claims are based upon or arise out of negligent or otherwise wrongful acts or omissions that occurred during the performance of this Agreement. H.Independent Contractor. Consultant hereby covenants and declares that it is engaged in an independent business and agrees to perform the Work as an independent contractor and not as the agent or employee of City. Nothing in this Agreement shall be construed to make Consultant or any of its employees, servants, or subcontractors, an employee, servant or agent of City for any purpose. Consultant agrees to be solely responsible for its own matters relating to the time and place the Work is performed and the method used to perform such Work; the Erick Fry 24 Section 6, Item C. 6 instrumentalities, tools, supplies and/or materials necessary to complete the Work; hiring of consultants, agents or employees to complete the Work; and the payment of employees, including benefits and compliance with Social Security, withholding and all other regulations governing such matters. Consultant agrees to be solely responsible for its own acts and those of its subordinates, employees, and subcontractors during the life of this Agreement. There shall be no contractual relationship between any subcontractor or supplier and City by virtue of this Agreement with Consultant. Any provisions of this Agreement that may appear to give City the right to direct Consultant as to the details of the services to be performed by Consultant or to exercise a measure of control over such services will be deemed to mean that Consultant shall follow the directions of City with regard to the results of such services only. It is further understood that this Agreement is not exclusive, and City may hire additional entities to perform the Work related to this Agreement. Inasmuch as City and Consultant are independent of each other, neither has the authority to bind the other to any third person or otherwise to act in any way as the representative of the other, unless otherwise expressly agreed to in writing signed by both Parties hereto. Consultant agrees not to represent itself as City’s agent for any purpose to any party or to allow any employee of Consultant to do so, unless specifically authorized, in advance and in writing, to do so, and then only for the limited purpose stated in such authorization. Consultant shall assume full liability for any contracts or agreements Consultant enters into on behalf of City without the express knowledge and prior written consent of City. I. Insurance. (1) Requirements: Consultant shall have and maintain in full force and effect for the duration of this Agreement, insurance insuring against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Work by Consultant, its agents, representatives, employees or subcontractors. All policies shall be subject to approval by City as to form and content. These requirements are subject to amendment or waiver if so approved in writing by the City Manager. (2) Minimum Limits of Insurance: Consultant shall maintain the following insurance policies with coverage and limits no less than: (a) Commercial General Liability coverage of at least $1,000,000 (one million dollars) combined single limit per occurrence and $2,000,000 (two million dollars) aggregate for comprehensive coverage including for bodily and personal injury, sickness, disease or death, injury to or destruction of property, including loss of use resulting therefrom. (b) Commercial Automobile Liability (owned, non-owned, hired) coverage of at least $1,000,000 (one million dollars) combined single limit per occurrence for comprehensive coverage including bodily and personal injury, sickness, disease or death, injury to or 25 Section 6, Item C. 7 destruction of property, including loss of use resulting therefrom. (c) Professional Liability of at least $1,000,000 (one million dollars) limit for claims arising out of professional services and caused by Consultant’s errors, omissions, or negligent acts. (d) Workers’ Compensation limits as required by the State of Georgia and Employers’ Liability limits of $1,000,000 (one million dollars) per occurrence or disease. (If Consultant is a sole proprietor, who is otherwise not entitled to coverage under Georgia’s Workers’ Compensation Act, Consultant must secure Workers’ Compensation coverage approved by both the State Board of Workers’ Compensation and the Commissioner of Insurance. The amount of such coverage shall be the same as what is otherwise required of employers entitled to coverage under the Georgia Workers’ Compensation Act. Further, Consultant shall provide a certificate of insurance indicating that such coverage has been secured and that no individual has been excluded from coverage.) (e) Commercial Umbrella Liability Coverage: $1,000,000 (one million dollars) per occurrence shall be provided and will apply over all liability policies, without exception, including but not limited to Commercial General Liability, Commercial Automobile Liability, Employers’ Liability, and Professional Liability. (3) Deductibles and Self-Insured Retentions: Any deductibles or self-insured retentions must be declared to and approved by City in writing so that City may ensure the financial solvency of Consultant; self-insured retentions should be included on the certificate of insurance. (4) Other Insurance Provisions: Each policy shall contain, or be endorsed to contain, the following provisions respectively: (a) General Liability, Automobile Liability and (if applicable) Umbrella Liability Coverage. (i) Additional Insured Requirement. City and City’s elected and appointed officials, officers, boards, commissioners, employees, representatives, consultants, servants, agents and volunteers (individually “Insured Party” and collectively “Insured Parties”) shall be named as additional insureds as respects: liability arising out of activities performed by or on behalf of Consultant; products and completed operations of Consultant; premises owned, leased, or used by Consultant; automobiles owned, leased, hired, or borrowed by Consultant. The coverage shall contain no special limitations 26 Section 6, Item C. 8 on the scope of protection afforded to the Insured Parties. Nothing contained in this section shall be construed to require the Consultant to provide liability insurance coverage to any Insured Party for claims asserted against such Insured Party for its sole negligence. (ii) Primary Insurance Requirement. Consultant’s insurance coverage shall be primary noncontributing insurance as respects to any other insurance or self-insurance available to the Insured Parties. Any insurance or self-insurance maintained by the Insured Parties shall be in excess of Consultant’s insurance and shall not contribute with it. (iii) Reporting Requirement. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the Insured Parties. (iv) Separate Coverage. Coverage shall state that Consultant’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to limits of insurance provided. (v) Defense Costs/Cross Liability. Coverage shall be provided on a “pay on behalf” basis, with defense costs payable in addition to policy limits. There shall be no cross liability exclusion. (vi) Subrogation. The insurer shall agree to waive all rights of subrogation against the Insured Parties for losses arising from Work performed by Consultant for City. (b) Workers’ Compensation Coverage. The insurer providing Workers’ Compensation Coverage will agree to waive all rights of subrogation against the Insured Parties for losses arising from Work performed by Consultant for City. (c) All Coverages. (i) Notice Requirement. Each insurance policy required by this Agreement shall be endorsed to state that coverage shall not be suspended, voided, or canceled except after thirty (30) calendar days prior written notice (or 10 calendar days if due to non-payment) has been given to City. City reserves the right to accept alternate notice terms and provisions, provided they meet the minimum requirements under Georgia law. 27 Section 6, Item C. 9 (ii) Starting and Ending Dates. Policies shall have concurrent starting and ending dates. (5) Acceptability of Insurers: The insurance to be maintained by Consultant must be issued by a company licensed or approved by the Insurance Commissioner to transact business in the State of Georgia. Such insurance policies shall be placed with insurer(s) with an A.M. Best Policyholder’s rate of no less than “A-” and with a financial rating of Class VII or greater. The Consultant shall be responsible for any delay resulting from the failure of its insurer to provide proof of coverage in the proscribed form. (6) Verification of Coverage: Consultant shall furnish to City for City approval certificates of insurance and endorsements to the policies evidencing all coverage required by this Agreement prior to the start of work. Without limiting the general scope of this requirement, Consultant is specifically required to provide an endorsement naming City as an additional insured when required. The certificates of insurance and endorsements for each insurance policy are to be on a form utilized by Consultant’s insurer in its normal course of business and are to be signed by a person authorized by that insurer to bind coverage on its behalf, unless alternate sufficient evidence of their validity and incorporation into the policy is provided. City reserves the right to require complete, certified copies of all required insurance policies at any time. Consultant shall provide proof that any expiring coverage has been renewed or replaced prior to the expiration of the coverage. (7) Subcontractors: Consultant shall either (1) ensure that its insurance policies (as described herein) cover all subcontractors and the Work performed by such subcontractors or (2) ensure that any subcontractor secures separate policies covering that subcontractor and its Work. All coverage for subcontractors shall be subject to all of the requirements stated in this Agreement, including, but not limited to, naming the Insured Parties as additional insureds. (8) Claims-Made Policies: Consultant shall extend any claims-made insurance policy for at least six (6) years after termination or final payment under the Agreement, whichever is later, and have an effective date which is on or prior to the Effective Date. (9) City as Additional Insured and Loss Payee: City shall be named as an additional insured and loss payee on all policies required by this Agreement, except City need not be named as an additional insured and loss payee on any Professional Liability policy or Workers’ Compensation policy. (10) Progress Payments: The making of progress payments to Consultant shall 28 Section 6, Item C. 10 not be construed as relieving Consultant or its subcontractors or insurance carriers from providing the coverage required in this Agreement. J. Employment of Unauthorized Aliens Prohibited – E-Verify Affidavit. Pursuant to O.C.G.A. § 13-10-91, City shall not enter into a contract for the physical performance of services unless: (1) Consultant shall provide evidence on City-provided forms, attached hereto as Exhibits “D” and “E” (affidavits regarding compliance with the E- Verify program to be sworn under oath under criminal penalty of false swearing pursuant to O.C.G.A. § 16-10-71), that it and Consultant’s subcontractors have registered with, are authorized to use and use the federal work authorization program commonly known as E-Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91, and that they will continue to use the federal work authorization program throughout the contract period, or (2) Consultant provides evidence that it is not required to provide an affidavit because it is an individual (not a company) licensed pursuant to Title 26 or Title 43 or by the State Bar of Georgia and is in good standing. Consultant hereby verifies that it has, prior to executing this Agreement, executed a notarized affidavit, the form of which is provided in Exhibit “D”, and submitted such affidavit to City or provided City with evidence that it is an individual not required to provide such an affidavit because it is licensed and in good standing as noted in sub-subsection (2) above. Further, Consultant hereby agrees to comply with the requirements of the federal Immigration Reform and Control Act of 1986 (IRCA), P.L. 99-603, O.C.G.A. § 13-10-91 and Georgia Department of Labor Rule 300-10-1-.02. In the event Consultant employs or contracts with any subcontractor(s) in connection with the covered contract, Consultant agrees to secure from such subcontractor(s) attestation of the subcontractor’s compliance with O.C.G.A. § 13-10-91 and Rule 300-10-1-.02 by the subcontractor’s execution of the subcontractor affidavit, the form of which is attached hereto as Exhibit “E”, which subcontractor affidavit shall become part of the Consultant/subcontractor agreement, or evidence that the subcontractor is not required to provide such an affidavit because it is an individual licensed and in good standing as noted in sub-subsection (2) above. If a subcontractor affidavit is obtained, Consultant agrees to provide a completed copy to City within five (5) business days of receipt from any subcontractor. Where Consultant is required to provide an affidavit pursuant to O.C.G.A. § 13-10-91, the City Manager or his/her designee shall be authorized to conduct an inspection of Consultant’s and Consultant’s subcontractors’ verification process at any time to determine that the verification was correct and complete. Consultant and Consultant’s subcontractors shall retain all documents and records of their respective verification process for a period of five (5) years following completion of the contract. Further, where Consultant is required to provide an affidavit pursuant to O.C.G.A. 29 Section 6, Item C. 11 § 13-10-91, the City Manager or his/her designee shall further be authorized to conduct periodic inspections to ensure that no City Consultant or Consultant’s subcontractors employ unauthorized aliens on City contracts. By entering into a contract with City, Consultant and Consultant’s subcontractors agree to cooperate with any such investigation by making their records and personnel available upon reasonable notice for inspection and questioning. Where Consultant or Consultant’s subcontractors are found to have employed an unauthorized alien, the City Manager or his/her designee may report same to the Department of Homeland Security. Consultant’s failure to cooperate with the investigation may be sanctioned by termination of the Agreement, and Consultant shall be liable for all damages and delays occasioned by City thereby. Consultant agrees that the employee-number category designated below is applicable to Consultant. [Information only required if a contractor affidavit is required pursuant to O.C.G.A. § 13-10-91.] [DESIGNATE/MARK APPROPRIATE CATEGORY] __X__ 500 or more employees. ____ 100 or more employees. ____ Fewer than 100 employees. Consultant hereby agrees that, in the event Consultant employs or contracts with any subcontractor(s) in connection with this Agreement and where the subcontractor is required to provide an affidavit pursuant to O.C.G.A. § 13-10-91, Consultant will secure from the subcontractor(s) such subcontractor(s’) indication of the above employee-number category that is applicable to the subcontractor. The above requirements shall be in addition to the requirements of state and federal law, and shall be construed to be in conformity with those laws. K.Records, Reports and Audits. (1) Records: (a)Books, records, documents, account legers, data bases, and similar materials relating to the Work performed for City under this Agreement (“Records”) shall be established and maintained by Consultant in accordance with applicable law and requirements prescribed by City with respect to all matters covered by this Agreement. Except as otherwise authorized or required, such Records shall be maintained for at least three (3) years from the date that final payment is made to Consultant by City under this Agreement. Furthermore, Records that are the subject of audit findings shall be retained for three (3) years or until such audit findings have been resolved, whichever is later. 30 Section 6, Item C. 12 (b) All costs claimed or anticipated to be incurred in the performance of this Agreement shall be supported by properly executed payrolls, time records, invoices, contracts, or vouchers, or other official documentation evidencing in proper detail the nature and propriety of the charges. All checks, payrolls, invoices, contracts, vouchers, orders or other accounting documents pertaining in whole or in part to this Agreement shall be clearly identified and readily accessible. (2) Reports and Information: Upon request, Consultant shall furnish to City any and all Records in the form requested by City. All Records provided electronically must be in a format compatible with City’s computer systems and software. (3) Audits and Inspections: At any time during normal business hours and as often as City may deem necessary, Consultant shall make available to City or City’s representative(s) for examination all Records. Consultant will permit City or City’s representative(s) to audit, examine, and make excerpts or transcripts from such Records. Consultant shall provide proper facilities for City or City’s representative(s) to access and inspect the Records, or, at the request of City, shall make the Records available for inspection at City’s office. Further, Consultant shall permit City or City’s representative(s) to observe and inspect any or all of Consultant’s facilities and activities during normal hours of business for the purpose of evaluating Consultant’s compliance with the terms of this Agreement. In such instances, City or City’s representative(s) shall not interfere with or disrupt such activities. L. Ethics Code; Conflict of Interest. Consultant agrees that it shall not engage in any activity or conduct that would result in a violation of the City of Milton Code of Ethics or any other similar law or regulation. Consultant certifies that to the best of its knowledge no circumstances exist which will cause a conflict of interest in performing the Work. Should Consultant become aware of any circumstances that may cause a conflict of interest during the Term of this Agreement, Consultant shall immediately notify City. If City determines that a conflict of interest exists, City may require that Consultant take action to remedy the conflict of interest or terminate the Agreement without liability. City shall have the right to recover any fees paid for services rendered by Consultant when such services were performed while a conflict of interest existed if Consultant had knowledge of the conflict of interest and did not notify City within five (5) business days of becoming aware of the existence of the conflict of interest. Consultant and City acknowledge that it is prohibited for any person to offer, give, or agree to give any City employee or official, or for any City employee or official to solicit, demand, accept, or agree to accept from another person, a gratuity of more than nominal value or rebate or an offer of employment in connection with any decision, approval, disapproval, recommendation, or preparation of any part of a program requirement or a purchase request, influencing the content of any specification or procurement standard, rendering of advice, investigation, auditing, or in any other advisory capacity in any proceeding or application, request for ruling, determination, claim or controversy, or other particular matter, pertaining to any program requirement or a 31 Section 6, Item C. 13 contract or subcontract, or to any solicitation or proposal therefor. Consultant and City further acknowledge that it is prohibited for any payment, gratuity, or offer of employment to be made by or on behalf of a sub-consultant under a contract to the prime Consultant or higher tier sub- consultant, or any person associated therewith, as an inducement for the award of a subcontract or order. M. Confidentiality. Consultant acknowledges that it may receive confidential information of City and that it will protect the confidentiality of any such confidential information and will require any of its subcontractors, consultants, and/or staff to likewise protect such confidential information. Consultant agrees that confidential information it learns or receives or such reports, information, opinions or conclusions that Consultant creates under this Agreement shall not be made available to, or discussed with, any individual or organization, including the news media, without prior written approval of City. Consultant shall exercise reasonable precautions to prevent the unauthorized disclosure and use of City information whether specifically deemed confidential or not. Consultant acknowledges that City’s disclosure of documentation is governed by Georgia’s Open Records Act, and Consultant further acknowledges that if Consultant submits records containing trade secret information, and if Consultant wishes to keep such records confidential, Consultant must submit and attach to such records an affidavit affirmatively declaring that specific information in the records constitutes trade secrets pursuant to Article 27 of Chapter 1 of Title 10, and the Parties shall follow the requirements of O.C.G.A. § 50-18-72(a)(34) related thereto. N. Key Personnel. All of the individuals identified in Exhibit “F”, attached hereto, are necessary for the successful completion of the Work due to their unique expertise and depth and breadth of experience. There shall be no change in Consultant’s Project Manager or members of the Project team, as listed in Exhibit “F”, without written approval of City. Consultant recognizes that the composition of this team was instrumental in City’s decision to award the Work to Consultant and that compelling reasons for substituting these individuals must be demonstrated for City’s consent to be granted. Any substitutes shall be persons of comparable or superior expertise and experience. Failure to comply with the provisions of this paragraph shall constitute a material breach of Consultant’s obligations under this Agreement and shall be grounds for termination. O. Meetings. Consultant is required to meet with City’s personnel, or designated representatives, to resolve technical or contractual problems that may occur during the Term of this Agreement at no additional cost to City. Meetings will occur as problems arise and will be coordinated by City. City shall inform Consultant’s Representative of the need for a meeting and of the date, time and location of the meeting at least three (3) full business days prior to the date of the meeting. Face-to-face meetings are desired. However, at Consultant’s option and expense, a conference call meeting may be substituted. Consistent failure to participate in problem resolution meetings, two consecutive missed or rescheduled meetings, or failure to make a good faith effort to resolve problems, may result in termination of this Agreement for cause. P. Authority to Contract. The individual executing this Agreement on behalf of 32 Section 6, Item C. 14 Consultant covenants and declares that it has obtained all necessary approvals of Consultant’s board of directors, stockholders, general partners, limited partners or similar authorities to simultaneously execute and bind Consultant to the terms of this Agreement, if applicable. Q. Ownership of Work. All reports, designs, drawings, plans, specifications, schedules, work product and other materials, including, but not limited to, those in electronic form, prepared or in the process of being prepared for the Work to be performed by Consultant (“Materials”) shall be the property of City, and City shall be entitled to full access and copies of all Materials in the form prescribed by City. Any Materials remaining in the hands of Consultant or subcontractor upon completion or termination of the Work shall be delivered immediately to City whether or not the Project or Work is commenced or completed; provided, however, that Consultant may retain a copy of any deliverables for its records. Consultant assumes all risk of loss, damage or destruction of or to Materials. If any Materials are lost, damaged or destroyed before final delivery to City, Consultant shall replace them at its own expense. Any and all copyrightable subject matter in all Materials is hereby assigned to City, and Consultant agrees to execute any additional documents that may be necessary to evidence such assignment. R. Nondiscrimination. In accordance with Title VI of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000d, section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6102, section 202 of the Americans with Disabilities Act of 1990, 42 U.S.C. § 12132, and all other provisions of Federal law, Consultant agrees that, during performance of this Agreement, Consultant, for itself, its assignees and successors in interest, will not discriminate against any employee or applicant for employment, any subcontractor, or any supplier because of race, color, creed or belief, political affiliation, national origin, gender, age or disability. In addition, Consultant agrees to comply with all applicable implementing regulations and shall include the provisions of this paragraph in every subcontract for services contemplated under this Agreement. S. 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. V. COVENANTS OF CITY 33 Section 6, Item C. 15 A. Right of Entry. City shall provide for right of entry for Consultant and all necessary equipment as required for Consultant to complete the Work; provided that Consultant shall not unreasonably encumber the Project site(s) with materials or equipment. B. City’s Representative. Sara Leaders shall be authorized to act on City’s behalf with respect to the Work as City’s designated representative on this Project; provided that any changes to the Work or the terms of this Agreement must be approved as provided in Section II above. VI. TERMINATION A. For Convenience. City may terminate this Agreement for convenience at any time upon providing written notice thereof at least seven (7) calendar days in advance of the termination date. B. For Cause. Consultant shall have no right to terminate this Agreement prior to completion of the Work, except in the event of City’s failure to pay Consultant within thirty (30) calendar days of Consultant providing City with notice of a delinquent payment and an opportunity to cure. In the event of Consultant’s breach or default under this Agreement, City may terminate this Agreement for cause. City shall give Consultant at least seven (7) calendar days’ written notice of its intent to terminate the Agreement for cause and the reasons therefor. If Consultant fails to cure the breach or default within that seven (7) day period, or otherwise remedy the breach or default to the reasonable satisfaction of City, then City may, at its election: (a) in writing terminate the Agreement in whole or in part; (b) cure such default itself and charge Consultant for the costs of curing the default against any sums due or which become due to Consultant under this Agreement; and/or (c) pursue any other remedy then available, at law or in equity, to City for such default. C. Statutory Termination. In compliance with O.C.G.A. § 36-60-13, this Agreement shall be deemed terminated as provided in I(D) of this Agreement. Further, this Agreement shall terminate immediately and absolutely at such time as appropriated or otherwise unobligated funds are no longer available to satisfy the obligation of City. D. Payment Upon Termination. Upon termination, City shall provide for payment to Consultant for services rendered and, where authorized, expenses incurred prior to the termination date; provided that, where this Agreement is terminated for cause, City may deduct from such payment any portion of the cost for City to complete (or hire someone to complete) the Work, as determined at the time of termination, not otherwise covered by the remaining unpaid Maximum Contract Price. E. Conversion to Termination for Convenience. If City terminates this Agreement for cause and it is later determined that City did not have grounds to do so, the termination will be converted to and treated as a termination for convenience under the terms of Section VI(A) above. F. Requirements Upon Termination. Upon termination, Consultant shall: (1) 34 Section 6, Item C. 16 promptly discontinue all services, cancel as many outstanding obligations as possible, and not incur any new obligations, unless the City directs otherwise; and (2) promptly deliver to City all data, drawings, reports, summaries, and such other information and materials as may have been generated or used by Consultant in performing this Agreement, whether completed or in process, in the form specified by City. G. Reservation of Rights and Remedies. The rights and remedies of City and Consultant provided in this Article are in addition to any other rights and remedies provided under this Agreement or at law or in equity. VII. MISCELLANEOUS A. Entire Agreement. This Agreement, including any exhibits hereto, constitutes the complete agreement between the Parties and supersedes any and all other agreements, either oral or in writing, between the Parties with respect to the subject matter of this Agreement. No other agreement, statement or promise relating to the subject matter of this Agreement not contained in this Agreement shall be valid or binding. This Agreement may be modified or amended only by a written Change Order (as provided in Section II above) or other document signed by representatives of both Parties with appropriate authorization. B. Successors and Assigns. Subject to the provision of this Agreement regarding assignment, this Agreement shall be binding on the heirs, executors, administrators, successors and assigns of the respective Parties. C. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Georgia without regard to choice of law principles. If any action at law or in equity is brought to enforce or interpret the provisions of this Agreement, the rules, regulations, statutes and laws of the State of Georgia will control. Any action or suit related to this Agreement shall be brought in the Superior Court of Fulton County, Georgia, or the U.S. District Court for the Northern District of Georgia – Atlanta Division, and Consultant submits to the jurisdiction and venue of such court. D. Captions and Severability. All headings herein are intended for convenience and ease of reference purposes only and in no way define, limit or describe the scope or intent thereof, or of this Agreement, or in any way affect this Agreement. Should any article(s) or section(s) of this Agreement, or any part thereof, later be deemed illegal, invalid or unenforceable by a court of competent jurisdiction, the offending portion of the Agreement should be severed, and the remainder of this Agreement shall remain in full force and effect to the extent possible as if this Agreement had been executed with the invalid portion hereof eliminated, it being the intention of the Parties that they would have executed the remaining portion of this Agreement without including any such part, parts, or portions that may for any reason be hereafter declared in valid. E. Business License. Prior to commencement of the Work to be provided hereunder, Consultant shall apply to City for a business license, pay the applicable business license fee, and maintain said business license during the Term of this Agreement, unless Consultant provides evidence that no such license is required. 35 Section 6, Item C. 17 F. Notices. (1) Communications Relating to Day-to-Day Activities. All communications relating to the day-to-day activities of the Work shall be exchanged between City’s Representative (named above) for City and Consultant’s Representative (named above) for Consultant. (2) Official Notices. All other notices, requests, demands, writings, or correspondence, as required by this Agreement, shall be in writing and shall be deemed received, and shall be effective, when: (1) personally delivered, or (2) on the third day after the postmark date when mailed by certified mail, postage prepaid, return receipt requested, or (3) upon actual delivery when sent via national overnight commercial carrier to the Party at the address given below, or at a substitute address previously furnished to the other Party by written notice in accordance herewith. NOTICE TO CITY shall be sent to: Procurement Manager City of Milton, Georgia 2006 Heritage Walk Milton, Georgia 30004 NOTICE TO CONSULTANT shall be sent to: KCI Technologies, Inc. Attn: Andrew Antweiler 2160 Satellite Blvd, Ste 130 Duluth, GA 30097 G. Waiver of Agreement. No failure by City to enforce any right or power granted under this Agreement, or to insist upon strict compliance by Consultant with this Agreement, and no custom or practice of City at variance with the terms and conditions of this Agreement shall constitute a general waiver of any future breach or default or affect City’s right to demand exact and strict compliance by Consultant with the terms and conditions of this Agreement. Further, no express waiver shall affect any Term or condition other than the one specified in such waiver, and that one only for the time and manner specifically stated. H. Survival. All sections of this Agreement which by their nature should survive termination will survive termination, including, without limitation, confidentiality obligations and insurance maintenance requirements. I. No Third Party Rights. This Agreement shall be exclusively for the benefit of the Parties and shall not provide any third parties with any remedy, claim, liability, reimbursement, cause of action or other right. 36 Section 6, Item C. 18 J. Sovereign Immunity; Ratification. Nothing contained in this Agreement shall be construed to be a waiver of City’s sovereign immunity or any individual’s qualified, good faith or official immunities. Ratification of this Agreement by a majority of the Mayor and City Council shall authorize the Mayor to execute this Agreement on behalf of City. K. No Personal Liability. Nothing herein shall be construed as creating any individual or personal liability on the part of any of City’s elected or appointed officials, officers, boards, commissions, employees, representatives, consultants, servants, agents, attorneys or volunteers. No such individual shall be personally liable to Consultant or any successor in interest in the event of any default or breach by City or for any amount which may become due to Consultant or successor or on any obligation under the terms of this Agreement. Likewise, Consultant’s performance of services under this Agreement shall not subject Consultant’s individual employees, officers, or directors to any personal contractual liability, except where Consultant is a sole proprietor. The Parties agree that, except where Consultant is a sole proprietor, their sole and exclusive remedy, claim, demand or suit for contractual liability shall be directed and/or asserted only against Consultant or City, respectively, and not against any elected or appointed official, officers, boards, commissions, employees, representatives, consultants, servants, agents, attorneys and volunteers. L. Counterparts; Agreement Construction and Interpretation. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, but all of which taken together shall constitute one and the same instrument. Consultant represents that it has reviewed and become familiar with this Agreement and has notified City of any discrepancies, conflicts or errors herein. In the event of a conflict in the terms of this Agreement and/or the exhibits attached hereto, the terms most beneficial to City shall govern. The Parties hereto agree that, if an ambiguity or question of intent or interpretation arises, this Agreement is to be construed as if the Parties had drafted it jointly, as opposed to being construed against a Party because it was responsible for drafting one or more provisions of the Agreement. In the interest of brevity, the Agreement may omit modifying words such as “all” and “any” and articles such as “the” and “an,” but the fact that a modifier or an article is absent from one statement and appears in another is not intended to affect the interpretation of either statement. Words or terms used as nouns in the Agreement shall be inclusive of their singular and plural forms, unless the context of their usage clearly requires contrary meaning. M. Force Majeure. Neither City nor Consultant shall be liable for its respective non- negligent or non-willful failure to perform or shall be deemed in default with respect to the failure to perform (or cure a failure to perform) any of its respective duties or obligations under this Agreement or for any delay in such performance due to: (i) any cause beyond its respective reasonable control; (ii) any act of God; (iii) any change in applicable governmental rules or regulations rendering the performance of any portion of this Agreement legally impossible; (iv) earthquake, fire, explosion or flood; (v) strike or labor dispute, excluding strikes or labor disputes by employees and/or agents of Consultant; (vi) delay or failure to act by any governmental or military authority; or (vii) any war, hostility, embargo, sabotage, civil disturbance, riot, insurrection or invasion. In such event, the time for performance shall be extended by an amount 37 Section 6, Item C. 38 Section 6, Item C. EXHIBIT “A” 39 Section 6, Item C. CITY OF MILTON REQUEST FOR PROPOSALS (THIS IS NOT AN ORDER) RFP Number: 21-PW15 RFP Title: Local Road Safety Plan Due Date and Time: July 1, 2021 at 2:00 pm EST **Pending updates relating to COVID-19 the City may conduct the bid opening via a virtual meeting. Responding Offerors will be emailed a meeting link should the need to hold this type meeting arise. Number of Pages: 55 ISSUING DEPARTMENT INFORMATION Issue Date: June 3, 2021 City of Milton Public Works Department 2006 Heritage Walk Milton, GA 30004 Phone: 678-242-2500 Website: www.cityofmiltonga.us INSTRUCTIONS TO CONSULTANTS Electronic Submittal: **Proposals 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 Proposal File/Package: RFP Number: 21-PW15 Name of Company or Firm Special Instructions: Deadline for Written Questions June 16, 2021 by 5:00 PM Submit questions online via the BidNet Direct procurement portal at www.cityofmiltonga.us IMPORTANT: SEE STANDARD TERMS AND CONDITIONS CONSULTANTS MUST COMPLETE THE FOLLOWING Consultant Name/Address: Authorized Consultant Signatory: (Please print name and sign in ink) Consultant Phone Number: Consultant FAX Number: Consultant Federal I.D. Number: Consultant E-mail Address: CONSULTANTS MUST RETURN THIS COVER SHEET WITH RFP RESPONSE 40 Section 6, Item C. 2 | RFP 21-PW15 TABLE OF CONTENTS Consultant’s RFP Checklist Disclosure Form Proposal Letter Contractor Affidavit and Agreement (eVerify) Schedule of Events Section 1: Project Overview and Instructions Section 2: RFP Standard Information Section 3: Scope of Project Section 4: Consultant Proposal Qualifications Section 5: Cost Proposal Section 6: Evaluation Criteria Section 7: Standard Contract Information Sample Standard Contract 41 Section 6, Item C. 3 | RFP 21-PW15 CONSULTANT’S RFP CHECKLIST The 10 Most Critical Things to Keep in Mind When Responding to an RFP for the City of Milton 1._______Read the entire document. Note critical items such as: mandatory requirements; supplies/services required; submittal dates; number of copies required for submittal; funding amount and source; contract requirements (i.e., contract performance security, insurance requirements, performance and/or reporting requirements, etc.). 2._______Note the procurement officer's name, address, phone numbers and e-mail address. This is the only person you are allowed to communicate with regarding the RFP and is an excellent source of information for any questions you may have. 3._______Attend the pre-qualifications conference if one is offered. These conferences provide an opportunity to ask clarifying questions, obtain a better understanding of the project, or to notify the City of any ambiguities, inconsistencies, or errors in the RFP. 4._______Take advantage of the “question and answer” period. Submit your questions to the procurement officer by the due date listed in the Schedule of Events and view the answers given in the formal “addenda” issued for the RFP. All addenda issued for an RFP are posted on the City’s website at http://www.cityofmiltonga.us will include all questions asked and answered concerning the RFP. 5._______Follow the format required in the RFP when preparing your response. Provide point-by- point responses to all sections in a clear and concise manner. 6._______ Provide complete answers/descriptions. Read and answer all questions and requirements. Don’t assume the City or evaluation committee will know what your company capabilities are or what items/services you can provide, even if you have previously contracted with the City. The submittals are evaluated based solely on the information and materials provided in your response. 7._______Use the forms provided, i.e., cover page, sample budget form, certification forms, etc. 8. _______Check the website for RFP addenda. Before submitting your response, check the City’s website at http://www.cityofmiltonga.us to see whether any addenda were issued for the RFP. If so, you must submit a signed cover sheet for each addendum issued along with your RFP response. 9. _______Review and read the RFP document again to make sure that you have addressed all requirements. Your original response and the requested copies must be identical and be complete. The copies are provided to the evaluation committee members and will be used to score your response. 10. _______Submit your response on time. Note all the dates and times listed in the Schedule of Events and within the document and be sure to submit all required items on time. Late submittal responses are never accepted. This checklist is provided for assistance only and should not be submitted with Consultant’s response. 42 Section 6, Item C. 4 | RFP 21-PW15 CITY OF MILTON DISCLOSURE FORM MUST BE RETURNED WITH PROPOSAL This form is for disclosure of campaign contributions and family member relations with City of Milton officials/employees. Please complete this form and return as part of your RFP package when it is submitted. Name of Consultant _____________________________________________________ Name and the official position of the Milton Official to whom the campaign contribution was made (Please use a separate form for each official to whom a contribution has been made in the past two (2) years.) _______________________________________________________________________ List the dollar amount/value and description of each campaign contribution made over the past two (2) years by the Applicant/Opponent to the named Milton Official. Amount/Value Description ________________ ___________________________________________ ________________ ___________________________________________ ________________ ___________________________________________ Please list any family member that is currently (or has been employed within the last 12 months) by the City of Milton and your relation: ________________ ___________________________________________ _________________ ___________________________________________ 43 Section 6, Item C. 5 | RFP 21-PW15 RFP 21-PW15 PROPOSAL LETTER MUST BE RETURNED WITH PROPOSAL We propose to furnish and deliver any and all of the deliverables and services named in the Request for Proposal (RFP) 21-PW15, Local Road Safety Plan It is understood and agreed that we have read the City’s specifications shown or referenced in the RFP and that this proposal is made in accordance with the provisions of such specifications. By our written signature on this proposal, we guarantee and certify that all items included meet or exceed any and all such City specifications. We further agree, if awarded a contract, to deliver goods and services which meet or exceed the specifications. The City reserves the right to reject any or all proposals, waive technicalities, and informalities, and to make an award in the best interest of the City. PROPOSAL SIGNATURE AND CERTIFICATION I understand collusive bidding is a violation of State and Federal Law and can result in fines, prison sentences, and civil damage awards. I agree to abide by all conditions of the proposal and certify that I am authorized to sign for my company. I further certify that the provisions of the Official Code of Georgia Annotated, Sections 45-10- 20 et. seq. have not been violated and will not be violated in any respect. Authorized Signature______________________________Date_______________________ Print/Type Name______________________________________________________________ Print/Type Company Name Here_______________________________________________ 44 Section 6, Item C. 6 | RFP 21-PW15 CONTRACTOR AFFIDAVIT AND AGREEMENT MUST BE RETURNED WITH PROPOSAL 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 Local Road Safety Plan 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: _________________________________ 45 Section 6, Item C. 7 | RFP 21-PW15 SCHEDULE OF EVENTS NOTE: PLEASE CHECK THE CITY WEBSITE (http://www.cityofmiltonga.us) FOR ADDENDA AND SCHEDULE UPDATES. Task Date Issue RFP June 3, 2021 Deadline for Questions June 16, 2021 by 5:00 p.m. EST Answers Posted by the City (Addendum) On or about, June 18, 2021 Proposals Due By 2:00 p.m. EST on July 1, 2021 Award Contract August 2, 2021 (proposed) 46 Section 6, Item C. 8 | RFP 21-PW14 SECTION 1: PROJECT OVERVIEW AND INSTRUCTIONS 1.0 BACKGROUND AND STATEMENT OF INTENT The City of Milton is requesting proposals from interested parties to provide planning and engineering services to support the completion of a Local Road Safety Plan. This will include the selection of emphasis areas, analyzing data, and summarizing findings. The Local Road Safety Plan will include multiple emphasis areas, and each will be identified with descriptions, goals, and strategies. All Consultants must comply with all general and special requirements of the RFP information and instructions enclosed herein. 1.1 SINGLE POINT OF CONTACT From the date this Request for Proposals (RFP) is issued until a Consultant is selected, Consultants are not allowed to communicate with any City staff or elected officials regarding this procurement, except at the direction of Honor Motes, Procurement Manager. Any unauthorized contact may disqualify the Consultant from further consideration. Contact information for the single point of contact is as follows: Procurement Office: Honor Motes, Procurement Manager Address: 2006 Heritage Walk, Milton, GA 30004 Telephone Number: 678-242-2507 E-mail Address: honor.motes@cityofmiltonga.us 1.2 REQUIRED REVIEW A. Review RFP. Consultants should carefully review the instructions; mandatory requirements, specifications, standard terms and conditions, and standard contract set out in this RFP and promptly notify the procurement officer identified above via e-mail of any ambiguity, inconsistency, unduly restrictive specifications, or error which they discover upon examination of this RFP. B. Form of Questions. Consultants with questions or requiring clarification or interpretation of any section within this RFP must submit their questions via the solicitation link on BidNet Direct, the procurement portal on the City’s website, on or before 5:00 PM (EST) on June 16, 2021. Each question must provide clear reference to the section, page, and item in question. Questions received after the deadline may not be considered. 47 Section 6, Item C. 9 | RFP 21-PW14 C. City’s Answers. The City will provide an official written answer to all questions on or about June 18, 2021. The City's response will be by formal written addendum. Any other form of interpretation, correction, or change to this RFP will not be binding upon the City. Any formal written addendum will be posted alongside the posting of the RFP at http://www.cityofmiltonga.us . Consultants must sign and return any addendum with their RFP response. D. Standard Contract. By submitting a response to this RFP, Consultant agrees to acceptance of the City’s standard contract. Much of the language included in the standard contract reflects requirements of state law. Requests for exceptions to the standard contract terms, or any added provisions must be submitted to the procurement office referenced above by the date for receipt of written/e-mailed questions or with the Consultant’s RFP response and must be accompanied by an explanation of why the exception is being taken and what specific effect it will have on the Consultant’s ability to respond to the RFP or perform the contract. The City reserves the right to address non-material, minor, insubstantial requests for exceptions with the highest scoring Consultant during contract negotiation. Any material, substantive, important exceptions requested and granted to the standard terms and conditions and standard contract language will be addressed in any formal written addendum issued for this RFP and will apply to all Professionals submitting a response to this RFP. E. Mandatory Requirements. To be eligible for consideration, a Consultant must meet the intent of all mandatory requirements. The City will determine whether a Consultant’s RFP response complies with the intent of the requirements. RFP responses that do not meet the full intent of all requirements listed in this RFP may be subject to point reductions during the evaluation process or may be deemed non-responsive. 1.3 NON-DISCRIMINATION All qualified applicants will receive consideration without regard to age, handicap, religion, creed or belief, political affiliation, race, color, sex or national origin. 48 Section 6, Item C. 10 | RFP 21-PW14 1.4 SUBMITTING PROPOSALS Consultants must organize their proposal into sections that follow the following format. A. Submittal Requirements. Proposals shall include the following: 1. City of Milton request for proposal cover page (information entered and signed: first page of this document) 2. City of Milton Disclosure form (signed) 3. City of Milton Proposal letter (information entered) 4. Technical Proposal: a. No more than eight (8) single sided pages 1. Cover page(s), table of contents, tabs, appendix, and required forms do not count toward the page limit b. Minimum of 11-point font Each Technical Proposal Shall Contain (8 pages): a. Cover letter – introductory remarks and proposal summary (1 page) b. Design Team – include project staffing, list any proposed subconsultants, qualifications of the design team, and what sets the team apart c. Work Plan – describe team’s plans to provide the requested services, and a description of proposed methodology to be used to accomplish the required tasks d. Project Schedule – provide schedule to complete initial tasks 1-4 and plan for advancing future implementation stages e. Related Projects and References – Describe any similar projects with references and the degree of involvement of the team 5. Key personnel resumes may be included in the appendix. Appendix items will not count toward page limit. Qualifications and related project information in the proposal will be used in the scoring. 6. Applicable Addenda Acknowledgement Forms (if necessary) Consultants must organize their proposal into sections that follow the format of Section 1.4, Section 5.0 and Section 6.0. B. Failure to Comply with Instructions. Consultants failing to comply with these instructions may be subject to point deductions. The City may also choose to not evaluate, may 49 Section 6, Item C. 11 | RFP 21-PW14 deem non-responsive, and/or may disqualify from further consideration any qualifications that do not follow this RFP format, are difficult to understand, are difficult to read, or are missing any requested information. C. Copies Required and Deadline for Receipt of Proposals. Proposals must be submitted electronically via Milton’s BidNet procurement portal/platform at www.cityofmiltonga.us . Proposals will be opened at approximately 2:30 p.m. and names of Firms will be announced. **Pending updates relating to COVID-19, the City may conduct the bid opening via a virtual meeting. Responding Consultants will be emailed a meeting link should the need to hold this type meeting arise. D. Late Proposals. Regardless of cause, late proposals will not be accepted and will automatically be disqualified from further consideration. It shall be the Consultant’s sole risk to assure proposals are submitted via the BidNet Direct procurement portal by the designated time. Late proposals will not be accepted. 1.5 CONSULTANT'S CERTIFICATION A. Understanding of Specifications and Requirements By submitting a response to this RFP, Consultant agrees to an understanding of and compliance with the specifications and requirements described in this RFP. B. Offer in Effect for 120 Days A proposal may not be modified, withdrawn or canceled by the Consultant for a 120-day period following the deadline for proposal submission as defined in the Schedule of Events, or receipt of best and final offer, if required, and Consultant so agrees in submitting the proposal. The City of Milton may, in the event the selected proposer fails to perform and/or the contract is terminated within forty-five days of its initiation, request the proposer submitting the next acceptable proposal to honor its proposal. 1.6 COST OF PREPARING PROPOSALS A. City Not Responsible for Preparation Costs. The costs for developing and delivering responses to this RFP and 50 Section 6, Item C. 12 | RFP 21-PW14 any subsequent presentations of the proposal as requested by the City are entirely the responsibility of the Consultant. The City is not liable for any expense incurred by the Consultant in the preparation and presentation of their proposals. B. All Timely Submitted Materials Become City Property. All materials submitted in response to this RFP become the property of the City of Milton and are to be appended to any formal documentation, which would further define or expand any contractual relationship between the City and Consultant resulting from this RFP process. SECTION 2: RFP STANDARD INFORMATION 2.1 AUTHORITY This RFP is issued under the authority of the City of Milton. The RFP process is a procurement option allowing the award to be based on stated evaluation criteria. The RFP states the relative importance of all evaluation criteria. No other evaluation criteria, other than as outlined in the RFP, will be used. 2.2 CONSULTANT COMPETITION The City encourages free and open competition among Consultants. Whenever possible, the City will design specifications, proposal requests, and conditions to accomplish this objective, consistent with the necessity to satisfy the City’s need to procure technically sound, cost-effective services and supplies. 2.3 RECEIPT OF PROPOSALS AND PUBLIC INSPECTION A. Public Information. All information received in response to this RFP, including copyrighted material, is deemed public information and will be made available for public viewing and copying after the time for receipt of qualifications has passed, and the award has been made, with the following four exceptions: (1) bona fide trade secrets meeting confidentiality requirements that have been properly marked, separated, and documented; (2) matters involving individual safety as determined by the City of Milton; (3) any company financial information requested by the City of Milton to determine vendor responsibility, unless prior written consent has been given by the Consultant; and (4) other constitutional protections. 51 Section 6, Item C. 13 | RFP 21-PW14 B. Procurement Officer Review of Proposals. Upon opening the submittals received in response to this RFP, the procurement office will review the proposals and separate out any information that meets the referenced exceptions in Section 2.2(A) above, providing the following conditions have been met: 1. Confidential information is clearly marked and separated from the rest of the submittal. 2. An affidavit from a Consultant’s legal counsel attesting to and explaining the validity of the trade secret claim is attached to each submittal containing trade secrets. Please contact Honor Motes, Procurement Manager, for additional information. Information separated out under this process will be available for review only by the procurement office, the evaluation committee members, and limited other designees. Consultants must be prepared to pay all legal costs and fees associated with defending a claim for confidentiality in the event of a “right to know” (open records) request from another party. 2.4 CLASSIFICATION AND EVALUATION OF PROPOSALS A. Initial Classification of Proposals as Responsive or Nonresponsive. Proposals may be found nonresponsive at any time during the evaluation process or contract negotiation, if any of the required information is not provided; the submitted price is found to be excessive or inadequate as measured by criteria stated in the RFP; or the qualification is not within the specifications described and required in the RFP. If a qualification is found to be nonresponsive, it will not be considered further. B. Determination of Responsibility. The procurement office will determine if a Consultant has met the standards of responsibility. Such a determination may be made at any time during the evaluation process and through contract negotiation if information surfaces that would result in a determination of nonresponsive. C. Evaluation of Proposals. The evaluation committee will evaluate the remaining proposals and recommend whether to award the contract to the highest scoring Consultant or, if necessary, to seek discussion/negotiation in order 52 Section 6, Item C. 14 | RFP 21-PW14 to determine the highest scoring Consultant. All responsive proposals will be evaluated based on stated evaluation criteria. In scoring against stated criteria, the City may consider such factors as accepted industry standards and a comparative evaluation of all other qualified RFP responses. These scores will be used to determine the most advantageous offering to the City. D. Completeness of Proposals. Selection and award will be based on the Consultant’s proposals and other items outlined in this RFP. Submitted responses may not include references to information located elsewhere, such as Internet websites or libraries, unless specifically requested. Information or materials presented by Consultants outside the formal response or subsequent discussion/negotiation, if requested, will not be considered, will have no bearing on any award, and may result in the Consultant being disqualified from further consideration. E. Opportunity for Discussion/Negotiation and/or Oral Presentation/Product Demonstration. After receipt of all proposals and prior to the determination of the award, the City may initiate discussions with one or more Consultants should clarification or negotiation be necessary. Consultants may also be required to make an oral presentation and/or product demonstration to clarify their RFP response or to further define their offer. In either case, Consultants should be prepared to send qualified personnel to Milton, Georgia to discuss technical and contractual aspects of the submittal. Oral presentations and product demonstrations, if requested, shall be at the Consultant’s expense. F. Best and Final Offer. The “Best and Final Offer” is an option available to the City under the RFP process which permits the City to request a “best and final offer” from one or more Consultants if additional information is required to make a final decision. Consultants may be contacted asking that they submit their “best and final offer,” which must include any and all discussed and/or negotiated changes. The City reserves the right to request a “best and final offer” for this RFP, if any, based on price/cost alone. G. Evaluation Committee Recommendation for Contract Award. The evaluation committee will provide a written recommendation for contract award. 53 Section 6, Item C. 15 | RFP 21-PW14 H. Request for Documents Notice. Upon concurrence with the evaluation committee’s recommendation for contract award, the procurement officer may issue a “Request for Documents Notice” to the highest scoring Consultant to obtain the required insurance documents, contract performance security, and any other necessary documents. Receipt of the “Request for Documents Notice” does not constitute a contract and no work may begin until a contract signed by all parties is in place. I. Contract Negotiation. The procurement officer and/or city department representatives may begin contract negotiation with the responsive and responsible Consultant whose submittal achieves the highest score and is, therefore, the most advantageous to the City. If contract negotiation is unsuccessful or the highest scoring Consultant fails to provide necessary documents or information in a timely manner, or fails to negotiate in good faith, the City may terminate negotiations and begin negotiations with the next highest scoring Consultant. J. Contract Award. Contract award, if any, will be made to the highest scoring Consultant who provides all required documents and successfully completes contract negotiation. 2.5 RIGHTS RESERVED While the City has every intention to award a contract as a result of this RFP, issuance of the RFP in no way constitutes a commitment by the City of Milton to award and execute a contract. Upon a determination such actions would be in its best interest, the City, in its sole discretion, reserves the right to: 1. Modify, cancel or terminate this RFP, 2. Reject any or all proposals received in response to this RFP, 3. Select a Consultant without holding interviews, 4. Waive any undesirable, inconsequential, or inconsistent provisions of this RFP which would not have significant impact on any submittal, 5. To request further documentation or information, and to discuss a RFP submittal for any purpose in order to answer questions or to provide clarification, 6. Award a portion of this RFP or not award any portion of this RFP if it is in the best interest of the City not to proceed with contract execution; or 7. If awarded, terminate any contract in accordance with the terms and conditions of the contract if the City determines adequate funds are not available. 54 Section 6, Item C. 16 | RFP 21-PW14 SECTION 3: SCOPE OF PROJECT 3.0 PROJECT LOCATION The Local Road Safety Plan (LRSP) will be evaluating the Citywide network of roadways and access points. Below is a map of the City from the 2016 Comprehensive Transportation Plan showing the roadway network identified through that planning effort. 55 Section 6, Item C. 17 | RFP 21-PW14 3.1 GENERAL SCOPE OF SERVICES It shall be the Consultant’s responsibility to design, prepare, assemble and coordinate the necessary documents to complete the project. The completed design must comply with all applicable local, state, and federal environmental laws and regulations. This project does not include federal funding and is not required to follow the Georgia Department of Transportation or Federal Highway Administration processes. Response to proposal may list any consultant and/or subconsultants GDOT prequalified applicable areas. At a minimum, the following standards shall be utilized for the project: a. Georgia Department of Transportation (GDOT) Design Policy Manual (current edition), and applicable addenda. b. Georgia Department of Transportation (GDOT) Standards and Specifications (current edition), and applicable addenda. c. AASHTO Standards, latest edition and applicable addenda, including Design of Pavement Structures, Policy on Geometric Design of Highways and Streets, Roadside Design Guide, and applicable addenda. d. Manual on Uniform Traffic Control Devices (MUTCD) current edition, and applicable errata. e. Federal Highway Administration Guides. f. City of Milton Code of Ordinances. 3.2 BACKGROUND The City of Milton began identification of a LRSP in 2019 that started from an initiative to collect traffic and conduct a citywide speed study. Preparing a LRSP provides an opportunity to address unique roadway safety needs while meeting the goals and objectives of the City’s 2021 Strategic Plan. The general objectives of the LRSP are to: • Develop strategies to ease those fears for maximum safety and efficiency based on combining Milton’s unique factors of the target areas • Use robust collection of both historical and contemporary data and perform engineering analysis • Outline improvement priorities on Milton roadways • Create design goals for future improvement projects that incorporate traffic calming principles in the planning process The development of the LRSP follows a process that is tailored to the community’s needs and issues. The process will further help the City Council to prioritize future safety improvements on the local streets. The scope of 56 Section 6, Item C. 18 | RFP 21-PW14 work identified in this RFP reflects this approach and will ensure the consultant’s work satisfactorily meets LRSP requirements. City planning documents and studies for consideration with LRSP Strategy • 2021 Strategic Plan Community Planning and Infrastructure • Planning the 2040 Comprehensive Plan • 2016 Comprehensive Plan • Diagnostic Report, A look at transportation in Milton since the 2009 CTP • 2016 Final Existing and Future Needs Assessment • 2016 Final Recommendations Report • 2018 North Fulton Comprehensive Transportation Plan Small Area Plans • Downtown Milton/Crabapple Placemaking Plan • Crabapple Livable Centers Initiative Study • Crabapple Visioning Study • Crabapple Form Based Codes • Deerfield/Ga. 9 Livable Centers Initiative Study • Deerfield/Ga. 9 Form Based Codes • Ga. 9 North Visioning Study • GA Hwy 9 Design Guidelines • Arnold Mill Visioning Study • Birmingham Crossroads Plan LRSP Vision and Mission The City has determined a vision and mission for the LRSP that aligns with the City’s 2021 Strategic Plan. • LRSP Vision Statement The City of Milton will have a transportation system that is safe, offers a diversity of travel, and that allows our citizens to traverse safely and calmly throughout our city. • LRSP Mission Statement The City of Milton proactively strives through our Local Road Safety Plan to address roadway concerns through a combination of engineering, enforcement, education, and emergency services to strategically make our roadways as safe as possible. Community Engagement and Survey The City of Milton has an engaged community. In early 2021, the City conducted a survey to gather data to learn the when, where and why there may be a fear of driving in the City of Milton. The SURVEY RESULTS are available for review in developing the LRSP and work plan. 57 Section 6, Item C. 19 | RFP 21-PW14 The stakeholders and partners will be engaged throughout the LRSP process and include: • Community • Milton Equestrian Committee • Public Works Staff • Police Department Traffic Staff • Fire Department Command Staff • Communications Department • Fulton County Schools • Georgia Department of Transportation • Federal Highway Administration (for guidance) Safety Data Analysis The City Police Department staff conducted an analysis of crash data and complaints with an analysis of types of crashes and causes. Some highlights of this data can be found in the City Council Update Presentation made in April 2021. The FIVE YEAR CRASH DATA is available for review in preparing the LRSP and work plan. 3.2 SPECIFIC SCOPE OF SERVICES Community Engagement The City intends to build on the extensive engagement efforts in the recent years and strengthen the relationship with the community and stakeholders. The Consultant will work with City staff to prepare a community engagement plan for the LRSP that includes coordination with the stakeholders and a timeline for reports to City Council with tasks 2, 3 and 4. The general proposal for community engagement shall be provided in the work plan in response to this RFP. Task 1 Safety Data Analysis with Context The City completed initial data screening using accident data over the last 5 years. The Consultant will combine the accident data with available land use and roadway data to analyze contributing factors and pull out the most pertinent trends. The planning documents and studies listed in Section 3.2 of this RFP will be used in this step which provides the planning background and existing efforts related to land use and roadway data. The Consultant may also consult the Police Department and other partners to gain better understanding of the trends and context. The Consultant will analyze the City’s roadway network to identify locations with the most risk factors. If necessary, the Consultant will carry out qualitative data collection efforts, such as walking audits and pop-up events with possible intercept surveys. The 58 Section 6, Item C. 20 | RFP 21-PW14 deliverables from this task will include Contextual/Roadway Data and Collision Analysis. Task 2 Validation of Emphasis Areas Emphasis areas will be locations where there is a presumed (perceived) road safety problem and can include intersections, commercial access, curves, or road segments. The survey results listed in Section 3.2 of this RFP and Task 1 deliverables will provide the basis for this task. Other locations to be considered as emphasis areas could include locations from: • Meetings with Partners and Stakeholders • Historical complaints • Review planning documents listed in Section 3.2 of this RFP • Identified and programmed improvement projects/locations Based on the evaluation and stakeholder input, the Consultant will identify the list of emphasis areas and recommend the high priority areas. Each area will be identified with a description and a goal. Task 3 will develop potential strategies to address concerns for each emphasis area. The deliverables for this task include evaluation and recommendation for high priority emphasis areas. The Consultant shall assist in presenting the emphasis area list to City Council before moving into the future tasks. Task 3 Choose Cost-Effective Solutions as Potential strategies This task includes developing a programmed list of strategies and projects for improvements. Strategies will use a combination of enforcement, education, engineering, and emergency services to take into consideration Milton’s unique qualities (horse trailers, working farms, etc.). Emphasis areas will include evaluation of appropriate speed limits as a strategy where applicable. There will be an overall strategy to detail a robust public education and media plan based on issues within emphasis areas or common themes across multiple areas. The deliverable for this task will include a presentation to City Council of strategies and projects tied to emphasis areas. Task 4 Report Documentation The Consultant will prepare a report summarizing the findings for all of the tasks involved in the LRSP. The report should document the actions for an improved safety experience and perception for all roadway users including motorists, pedestrians, bicyclists and personal transportation vehicles (PTVs) in the City of Milton. There will be an action plan to implement solutions with identified funding sources. The deliverable for this task will include a final report and presentation of the plan to City Council. 59 Section 6, Item C. 21 | RFP 21-PW14 Implementation of Cost-Effective Solutions – Future Tasks (5-8) Based on the emphasis areas, strategies and project recommendations, the City may negotiate future phases for data collection, data analysis, design services and public education to support implementation of cost-effective solutions. The Consultant shall be qualified, and this proposal shall demonstrate the ability to prepare all engineering/design and educational items including but are not limited to items specified in the Tasks 5-8 presented below. The future tasks will be addressed under a separate professional services agreement to include detailed scope and fee. This proposal shall serve as the method for procuring services needed for future Tasks 5-8 and the hourly rates submitted with this proposal will be used in the cost scoring portion of the evaluation. The expectation from the City is that Tasks 1-4 will be completed on or before October 31, 2021. The City, at its discretion, may choose to negotiate the scope and fees with the Consultant for the data collection, data analysis, design services and public education based on the emphasis area and strategy results of Tasks 1- 4. Task 5 Data Collection for Emphasis Areas There will be some data collected as part of prior tasks that provides a description, goal, concerns for each emphasis area. Additional data may be needed with future tasks to implement solutions. The data collected will provide a baseline and serve as a historic point for progress evaluation and future studies. Any traffic data collected in this task is to be validated based on GDOT count data and other traffic data sources to propose COVID adjustment factors if necessary. The data collection for each emphasis area shall include: • Current speed • Design speed (if known) • Traffic control devices (signals, flashers, stop signs, markings, etc.) • Geometric information o Roadway width o Shoulder width o Horizontal & vertical curves • Driveway density • Bike activity • Equestrian use/trailer movements • Traffic counts (annual average daily traffic, turning movements if applicable) • Area development type • Pedestrian activity 60 Section 6, Item C. 22 | RFP 21-PW14 • Vehicle classification • School presence Task 6 Data Analysis The data analysis will be utilized to support strategies for improvements and recommendations within the emphasis areas. Appropriate speed limits are a critical component of maintaining and supporting a safe local roadway. Data analysis will include components to evaluate speed limits using innovative data approaches. The data will be included in applications to GDOT for Radar enforceable speed limits. The following is a list of analysis tools: • USLimits2 software • Strava (bicycle mapping tool) o Other activity tracking applications may be explored to be coordinated with GDOT on determination of high pedestrian and bicycle usage areas • FHWA guides o Roadside Design Guide o Geometric Design of Highways and Streets o Local and Rural Road Safety Briefing Sheets: Local Road Safety Plans o Developing Safety Plans: A Manual for Local and Rural Road o Self-Enforcing Roadways • Crash History and Crash Diagrams Task 7 Engineering Design to Support Strategies and Projects This task includes engineering of design elements that incorporate traffic calming principles to address strategies and projects. The scope and locations are to be determined based on prior tasks. Task 8 Details for a public education and media plan This task would be prepared in coordination with the City Communications Department. The scope is to be determined based on prior tasks. SECTION 4: CONSULTANT PROPOSAL QUALIFICATIONS 4.0 CITY’S RIGHT TO INVESTIGATE The City may make such investigations as deemed necessary to determine the ability of the Consultant to provide the supplies and/or perform the services specified. 4.1 CONSULTANT INFORMAL REQUIREMENTS Consultants interested in providing the services described in this RFP should be able to demonstrate experience in the areas described in Section 3. 61 Section 6, Item C. 23 | RFP 21-PW14 SECTION 5: COST PROPOSAL ~ Page 1 of 2 ♦ MUST BE RETURNED WITH PROPOSAL IN A SEPARATE FILE ♦ The Consultant’s cost proposal shall be signed by an authorized agent of the company. Also, as requested below, include hourly rates for general job classes that will be used to establish fees for future Tasks 5-8. The undersigned Consultant, having familiarized themselves with the work required by the RFP, the solicitation documents, the site where the work is to be performed, all laws, regulations, and other factors affecting performance of the work, and having satisfied itself/himself/herself of the expense and difficulties attending performance of the work; hereby proposes and agrees, if this offer for the above named project is accepted to enter into a contract to perform all work necessary to the successful completion of the contract; and to supply all required submittals as indicated or specified in the RFP and the bid documents to be performed or furnished by Consultant for the total contract price of: Task 1 Price (Not to exceed) $________________________________ Task 2 Price (Not to exceed) $________________________________ Task 3 Price (Not to exceed) $________________________________ Task 4 Price (Not to exceed) $________________________________ TOTAL PRICE: (Not to Exceed) $__________________________________________ Print Total Price in Words _______________________________________________ 62 Section 6, Item C. 24 | RFP 21-PW14 SECTION 5: COST PROPOSAL ~ Page 2 of 2 ♦ MUST BE RETURNED WITH PROPOSAL IN A SEPARATE FILE ♦ Include hourly rates for general job classes that will be used to establish fees for future tasks 5-8. Billing Hourly Rates for the following job classes: Project Manager Planner/Engineer $_____/hr Design Engineer $_____/hr Design Technician $_____/hr Other Title (related to public education task) $_____/hr Composite Hourly Rates based on task expertise (use percentage of time across various job classes to determine an approximate hourly rate) Example: Technician $60/hr (60%), Engineer $90/hr (30%), Manager $120/hr (10%) = composite rate of $75/hr Collect data $_____/hr Analyze data $_____/hr Design strategies $_____/hr Public education $_____/hr Print/Type Company Name: _______________________________________________ Authorized Signature______________________________________________________ Date_____________________________________________________________________ Print/Type Name___________________________________________________________ Print/Type Title_____________________________________________________________ 63 Section 6, Item C. 25 | RFP 21-PW14 SECTION 6: EVALUATION CRITERIA 6.0 EVALUATION CRITERIA The evaluation committee will review and evaluate the proposals according to the following criteria: • A selection team for the City will initially evaluate and score all submittals received. • Proposals not meeting the minimum requirements and those who are non-responsive will not be considered. • Cost Proposals will be reviewed after the technical review process. Proposal Evaluation Criteria: Qualifications of the design team 30 pts. • Organization strength and stability • Education and experience of the assigned staff • Key personnel’s level of involvement • Proximity and availability of key personnel Work Plan 30 pts. • Community engagement • Project approach • Project innovations • Schedule Related Projects and References 30 pts. • Experience and technical competence on similar projects • Previous experience with City of Milton projects • Previous experience as a design team • Quality of the final work product • Ability to meet schedules Price (Section 5) 10 pts. 64 Section 6, Item C. 26 | RFP 21-PW14 1. Interviews and Product Demonstration If applicable, short-listed Firms will be invited to make a presentation to the City of Milton. At this time, they can provide live demonstrations and discuss the benefits with the City. A question and answer will follow the presentation. 2. Final Ranking Upon completion of the interviews and demonstrations, the evaluation committee will rank the short-listed proposals based on a combination of the evaluation scores. The City has the right to award this contract solely based upon review of the submitted proposals and subsequent negotiations. SECTION 7: STANDARD CONTRACT INFORMATION 7.0 STANDARD CONTRACT The City’s standard contract is attached to this document as Appendix A. Consultant should notify the City of any terms within the standard contract that preclude them from responding to the RFP. This notification must be made by the deadline for receipt of written/e-mailed questions or with the Consultant’s RFP response. Any requests for material, substantive, important exceptions to the standard contract will be addressed in any formal written addendum issued by the procurement officer in charge of the solicitation. The City reserves the right to address any non-material, minor, insubstantial exceptions to the standard contract with the highest scoring Consultant at the time of contract negotiation. 7.1 ADDITIONAL CONTRACT PROVISIONS AND TERMS This RFP and any addenda, the Consultant’s RFP response, including any amendments, a best and final offer, any clarification question responses, and any negotiations shall be included in any resulting contract. The City’s standard contract, attached as Appendix A, contains the contract terms and conditions which will form the basis of any contract negotiated between the City and the highest scoring Consultant. The contract language contained in Appendix A does not define the total extent of the contract language that may be negotiated. In the event of a dispute as to the duties and responsibilities of the parties under this contract, the contract, along with any attachments prepared by the City, will govern in the same order of precedence as listed in the contract. 65 Section 6, Item C. 27 | RFP 21-PW14 7.2 SUBCONTRACTOR The highest scoring Consultant will be the prime contractor if a contract is awarded and shall be responsible, in total, for all work of any sub-contractors. All sub-contractors, if any, must be listed in the proposals. The City reserves the right to approve all sub-contractors. The Contractor shall be responsible to the City for the acts and omissions of all sub-contractor or agents and of persons directly or indirectly employed by such sub-contractor, and for the acts and omissions of persons employed directly by the Contractor. Further, nothing contained within this document or any contract documents created as a result of any contract awards derived from this RFP shall create any contractual relationships between any subcontractor and the City. 7.3 GENERAL INSURANCE REQUIREMENTS See sample contract. 7.4 COMPLIANCE WITH WORKERS’ COMPENSATION ACT The Contractor is required to supply the City of Milton with proof of compliance with the Workers’ Compensation Act while performing work for the City. Neither the Contractor nor its employees are employees of the City. The proof of insurance/exemption must be received by the City of Milton within ten (10) working days of the Request for Documents Notice and must be kept current for the entire term of the contract. CONTRACTS WILL NOT BE ISSUED TO CONSULTANTS WHO FAIL TO PROVIDE THE REQUIRED DOCUMENTATION WITHIN THE ALLOTTED TIME FRAME. 7.5 COMPLIANCE WITH LAWS The Contractor must, in performance of work under this contract, fully comply with all applicable federal, state, or local laws, rules and regulations, including the Civil Rights Act of 1964, the Age Discrimination Act of 1975, the Americans with Disabilities Act of 1990, and Section 504 of the Rehabilitation Act of 1973. Any subletting or sub-contracting by the Contractor subjects sub-contractors to the same provision. The Contractor agrees that the hiring of persons to perform the contract will be made on the basis of merit and qualifications and there will be no discrimination based upon race, color, religion, creed, political ideas, sex, age, marital status, physical or mental disability, or national origin by the persons performing the contract. 7.6 CONTRACT TERMINATION See sample contract. 66 Section 6, Item C. ~ SAMPLE CONTRACT INTENTIONALLY OMITTED ~ 67 Section 6, Item C. RFP 21-PW15 Addendum #1 1 | P a g e ACKNOWLEDGEMENT RECEIPT OF ADDENDUM #1 RFP 21-PW15 Upon receipt of documents, please email, fax or mail this page to: City of Milton Attn: Honor Motes, Purchasing Office 2006 Heritage Walk Milton, GA 30004 Phone: 678-242-2500 Fax: 678-242-2499 Email: honor.motes@cityofmiltonga.us I hereby acknowledge receipt of documents pertaining to the above referenced RFP. COMPANY NAME: CONTACT PERSON: ADDRESS: CITY: STATE: ZIP: PHONE: FAX: EMAIL ADDRESS: Signature Date ADDENDUM #1 68 Section 6, Item C. RFP 21-PW15 Addendum #1 2 | P a g e ADDENDUM #1 RFP 21-PW15 This Addendum forms a part of the contract documents and modifies the original RFP documents as noted below: 1. Section 3.2, Page 19, Safety Data Analysis – Will the raw data and police reports from the FIVE YEAR CRASH DATA report be provided for analysis for the LRSP? Is this the only crash data source the City wants analyzed as part of the LRSP or are additional resources also expected to be utilized? ~ Redacted accident reports that represent the five-year crash data report will be provided. This is the only source that needs to be analyzed. 2. Does the City have an expectation of the number of locations (emphasis areas) to identify in Task 2? ~ The basis for the number of locations is found in the location specific comments collected as part of question 12 on pages 31-47 of the SURVEY RESULTS. There may be a few more additions and some of these identified locations can be grouped together into a single emphasis area. 3. Is the target completion date of 10/31/2021 stated on page 21 flexible? Can the consultant propose a recommended schedule to accommodate the tasks? ~ The target completion date for only Tasks 1-4 is 10/31/2021 based on the amount of data and survey results that has already been compiled by the City. There is some flexibility in the schedule and the consultant can propose a recommended schedule to accommodate the tasks. 4. Can the City confirm the roadway network is 93 miles (collector and above) streets? ~ The 93 miles does include the collector and above streets with some local roads that provide connection links. 69 Section 6, Item C. EXHIBIT “B” 70 Section 6, Item C. page ICity of Milton Local Road Safety Plan | RFP #21-PW15 RFP 21-PW15 LOCAL ROAD SAFETY PLAN PREPARED BY KCI Technologies Inc. PREPARED FOR City of Milton PRIMARY CONTACT Andrew Antweiler, PE, PTOE andrew.antweiler@kci.com 2160 Satellite Boulevard, Suite 130 Duluth, Georgia 30097 678.990.6200 71 Section 6, Item C. City of Milton Local Road Safety Plan | RFP #21-PW15 CITY OF MILTON REQUEST FOR PROPOSALS (THIS IS NOT AN ORDER) RFP Number: 21-PW15 RFP Title: Local Road Safety Plan Due Date and Time: July 1, 2021 at 2:00 pm EST **Pending updates relating to COVID-19 the City may conduct the bid opening via a virtual meeting. Responding Offerors will be emailed a meeting link should the need to hold this type meeting arise. Number of Pages: 55 ISSUING DEPARTMENT INFORMATION Issue Date: June 3, 2021 City of Milton Public Works Department 2006 Heritage Walk Milton, GA 30004 Phone: 678-242-2500 Website: www.cityofmiltonga.us INSTRUCTIONS TO CONSULTANTS Electronic Submittal: **Proposals 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 Proposal File/Package: RFP Number: 21-PW15 Name of Company or Firm Special Instructions: Deadline for Written Questions June 16, 2021 by 5:00 PM Submit questions online via the BidNet Direct procurement portal at www.cityofmiltonga.us IMPORTANT: SEE STANDARD TERMS AND CONDITIONS CONSULTANTS MUST COMPLETE THE FOLLOWING Consultant Name/Address: Authorized Consultant Signatory: (Please print name and sign in ink) Consultant Phone Number: Consultant FAX Number: Consultant Federal I.D. Number: Consultant E-mail Address: CONSULTANTS MUST RETURN THIS COVER SHEET WITH RFP RESPONSE PROPOSAL COVER SHEET KCI Technologies, Inc. 2160 Satellite Boulevard, Suite 130 Duluth, GA 30097 Erick Fry, PE 470.286.1289 N/A 52-1604386 andrew.antweiler@kci.com 72 Section 6, Item C. City of Milton Local Road Safety Plan | RFP #21-PW15 DISCLOSURE FORM4 | RFP 21-PW15 CITY OF MILTON DISCLOSURE FORM MUST BE RETURNED WITH PROPOSAL This form is for disclosure of campaign contributions and family member relations with City of Milton officials/employees. Please complete this form and return as part of your RFP package when it is submitted. Name of Consultant _____________________________________________________ Name and the official position of the Milton Official to whom the campaign contribution was made (Please use a separate form for each official to whom a contribution has been made in the past two (2) years.) _______________________________________________________________________ List the dollar amount/value and description of each campaign contribution made over the past two (2) years by the Applicant/Opponent to the named Milton Official. Amount/Value Description ________________ ___________________________________________ ________________ ___________________________________________ ________________ ___________________________________________ Please list any family member that is currently (or has been employed within the last 12 months) by the City of Milton and your relation: ________________ ___________________________________________ _________________ ___________________________________________ KCI Technologies, Inc. N/A N/A N/A N/A N/A 73 Section 6, Item C. City of Milton Local Road Safety Plan | RFP #21-PW15 PROPOSAL LETTER5 | RFP 21-PW15 RFP 21-PW15 PROPOSAL LETTER MUST BE RETURNED WITH PROPOSAL We propose to furnish and deliver any and all of the deliverables and services named in the Request for Proposal (RFP) 21-PW15, Local Road Safety Plan It is understood and agreed that we have read the City’s specifications shown or referenced in the RFP and that this proposal is made in accordance with the provisions of such specifications. By our written signature on this proposal, we guarantee and certify that all items included meet or exceed any and all such City specifications. We further agree, if awarded a contract, to deliver goods and services which meet or exceed the specifications. The City reserves the right to reject any or all proposals, waive technicalities, and informalities, and to make an award in the best interest of the City. PROPOSAL SIGNATURE AND CERTIFICATION I understand collusive bidding is a violation of State and Federal Law and can result in fines, prison sentences, and civil damage awards. I agree to abide by all conditions of the proposal and certify that I am authorized to sign for my company. I further certify that the provisions of the Official Code of Georgia Annotated, Sections 45-10- 20 et. seq. have not been violated and will not be violated in any respect. Authorized Signature______________________________Date_______________________ Print/Type Name______________________________________________________________ Print/Type Company Name Here_______________________________________________ KCI Technologies, Inc. Erick Fry, PE July 1, 2021 74 Section 6, Item C. page 1City of Milton Local Road Safety Plan | RFP #21-PW15 COVER LETTER July 1, 2021 City of Milton 2006 Heritage Walk Milton, Georgia 30004 RE: RFP #21-PW15 – LOCAL ROAD SAFETY PLAN Dear Selection Committee: The roadway network in the City of Milton should operate as efficiently and safety as possible. The network should also accommodate multiple travel modes and strategically be upgraded to calm traffic and reduce stress for users. KCI Technologies, Inc. (KCI) is excited about the opportunity to partner with City staff and stakeholders to advance the Local Road Safety Plan effort begun by the City. This is an opportunity to advance two components - Engineering and Education – of the four E’s in the LRSP mission statement. KCI’s team will be led by Andrew Antweiler, PE, PTOE, a proven transportation engineer and project manager. Andrew has a wide range of knowledge, having served as both a consultant and for local government, and understands the safety benefits of transportation alternatives. He is knowledgeable of the City of Milton streets and preferences from past and current transportation projects performed for the City. His experiences and creative solutions will be beneficial for guiding our team and serving as your project manager. KCI has specifically partnered with Media Relations Group, LLC who will provide fresh ideas for the community engagement component of this plan. Their professionals have performed educational campaigns and public outreach initiatives similar to the City’s vision of this plan. For example, the firm has been leading the FDOT District Six safety campaigns and outreach for several years. KCI is positioned to allocate resources to meet the demands of this important contract. Our team has both the depth and availability to complete the contract's requirements within the proposed schedule. If you have any questions or require additional information, please do not hesitate to contact me at 470.286.1289 or erick.fry@kci.com for further information. Thank you for your consideration, Erick Fry, PE Vice President 75 Section 6, Item C. page 2City of Milton Local Road Safety Plan | RFP #21-PW15 KCI Technologies, Inc. (KCI) is a 100% employee-owned, sub-chapter S corporation incorporated in 1955 in the state of Delaware. With revenues in excess of $344 million in 2020, the Engineering News-Record has consistently placed KCI among the top 100 consulting engineering firms in the country. Today, the employee-owned, multi-disciplined engineering firm employs more than 1,600 people operating in over 55 offices in 19 states. KCI has 157 employee-owners in its Georgia offices that bring tremendous depth and diversity of talent, local knowledge, and a strong commitment to providing innovation and technical excellence in delivering solutions. KCI is pre- qualified by the Georgia Department of Transportation in the relevant area classes and will be able to provide all the necessary services for this contract. Staff from our Duluth, Georgia office are uniquely suited to perform the services for this contract. Our team is easily accessible to the City, with key personnel available by virtual meetings and within a 35-minute drive to City Hall. Andrew Antweiler, PE, PTOE, will serve as the project manager. He can be reached at andrew. antweiler@kci.com or 470.286.1289. THE KCI TEAM Our proven team will serve as an extension of City’s staff and efficiently provide validation, brainstorming, and strategies. The KCI team will facilitate a series of meetings with City staff and stakeholders to identify recommendations which align with the LRSP vision and mission statements. KCI traffic and design staff regularly work together on transportation projects to identify a preferred alternative that balances the needs and the impacts. We understand there are tradeoffs to different types of improvements and we will advise the City on the merits of the alternatives. KCI has specifically partnered with Media Relations Group, LLC (MRG) to lead the community engagement component of this plan. Their professionals have performed educational campaigns and public outreach initiatives similar to the City’s vision of this plan. KCI and MRG are currently working together on projects in Florida. MRG is a Disadvantaged Business Enterprise (DBE) and minority business certified public involvement firm serving several states throughout the country, with staff that is experienced in developing public information/engagement campaigns for all phases of infrastructure project development. For over 22 years, MRG has served the Florida Department of Transportation (FDOT) in six of its seven districts, including Florida’s Turnpike. While their headquarters is located in Miami, they have staff working locally, including their Senior Graphic Designer. The leadership team frequently travels to the Metro Atlanta area, so they can be available for in-person meetings, as appropriate. Since inception, the firm has exceled in conventional communication tools; however, MRG hadsimplemented innovative strategies including, strategic communications based on extensive research, branding, online engagement and management, special event and strategic planning, mainstream media relations and community awareness, as well as video production, multimedia and social media/digital outreach and content strategies. MRG specializes in citywide municipality contracts, as well as bike/pedestrian safety and educational campaigns. For nearly 10 years, they have delivered life-saving education and outreach strategies for initiatives including the Put it Down Distracted Driving, Drive Safe Aggressive Driving, Ride Smart Motorcycle Safety and Alert Today, Alive Tomorrow campaigns for FDOT in South Florida. QUALIFICATIONS OF THE DESIGN TEAM DULUTHATLANTALAWRENCEVILLEGAINESVILLEFIRMWIDECONSTRUCTION 88 --4 556 TRANSPORTATION 25 6 --338 UTILITIES 2 -4 -432 SITE/SURVEY --25 -250 OTHER 3 ---87 SUBTOTAL 118 6 29 4 1663 Georgia Total 157STAFFING THE KCI TEAM ADVANTAGE • Will partner with city staff who are knowledgeable with the street and safety concerns • Quickly validate areas of concerns and analyze data • Experienced in similar traffic calming studies and brainstorm- ing creative yet feasible safety improvement alternatives • Will bring fresh ideas for the educational campaigns and public outreach initiatives 76 Section 6, Item C. page 3City of Milton Local Road Safety Plan | RFP #21-PW15 PROJECT ROLE KEY PERSONNEL EDUCATION/ EXPERIENCE LEVEL OF INVOLVEMENT AVAILABILITY Project Manager Andrew Antweiler, PE, PTOE BSCE & MSCE Georgia Tech; 19 years High - Lead 70% Andrew has successfully served as the project manager on multiple projects for cities, including the City of Gainesville, City of Alpharetta, and City of Johns Creek. He has performed numerous intersection and corridor assessments and complete street studies to enhance vehicular, pedestrian, bicycle, and transit mobility. Andrew is very knowledgeable in safety assessments and will lead the team. Traffic Alternatives Jonathan Cleghon, PE BSCE & MSCE University of Tennessee; 24 years High - Lead 60% Jonathan has 24 years of experience as a traffic engineer serving a variety of municipal and private clients including 17 years with the Metro Nashville Public Works Department. Over his career he has continually focused on safety for all transportation system users and specializes in countermeasures for improving bicycle and pedestrian safety and Vision Zero initiatives. Traffic Alternatives Charles Bailey, PE BSCE & MSCE Georgia Institute of Technology; 26 years Mid 60% Charles is very knowledgeable in identifying transportation improvement options. He currently provides traffic and safety engineering to local municipalities. His 19 years serving as the Traffic Engineering Division Direction for Gwinnett County DOT provides a wealth of experience. Roadway Design Lead Kerrie Boyette, PE BSCE Georgia Tech; 22 years Mid 60% Kerrie’s experience on intersection and roadway design projects gives her the ability to foresee the risks associated with alternatives. She will be involved in brainstorming alternatives and lead the roadway design efforts as part of future tasks. Community Engagement Lead Jeanette Gorgas BA Barry University; AA Miami-Dade Community College; 26 years High - Lead 60% Jeanette is proficient at leading a variety of public engagement efforts. Her efforts to facilitate stakeholder input will complement the technical work of the team. She has served as the lead source of information for many projects, creating developing community public relations and strategic communications strategies and programs. Our two firms will provide the services requested in tasks 1-4. For potential future tasks 5-8, the same two firms will provide the services. An additional subconsultant may be appropriate. For instance, future task 8 may lend itself to utilizing Graph Code to assist with video production and website material. Our project manager, Andrew Antweiler, was involved in the concept development and traffic analysis for TSPLOST Batch 1 Design Services and is currently the project manager leading the TSPLOST Batch 3 Design Services project. Additionally, based on his public-sector experience with the City of Roswell, Andrew understands the importance of meeting a community’s need for improved operations and safe mobility. Below please find information on the key team personnel, including their qualifications, experience, and planned level of involvement in this project. The team will be supported by additional engineers and staff throughout the project. QUALITY ASSURANCE AND CONTROL All services for this contract will be performed following KCI's ISO 9001:2015 certified Quality Management System and the specific procedures established in KCI's transportation discipline Quality Control Manuals. KCI has an established corporate quality management system designed to facilitate the delivery of consistent, high-quality services to our clients. Holly Painter will have primary QA/QC responsibility, with the assistance of a quality control team. Andrew and Holly will ensure that KCI and our subconsultants provide the City of Milton with work products that are complete, functional, and meet the task order requirements. 77 Section 6, Item C. page 4City of Milton Local Road Safety Plan | RFP #21-PW15 PROJECT APPROACH Our team recognizes the City has initiated many efforts regarding the LRSP – including identifying trends from a review of historical crash data, conducting the community road safety survey in January 2021, and past public engagement efforts as part of planning studies. Our approach is to pickup this information and advance two primary components - Engineering and Education – of the four E’s in the LRSP mission statement. We will incorporate input regarding enforcement and emergency services components provided by the City during the study. In reviewing the RFP information for task #1 through 4, our team formulated a plan based on the data inputs, the process, and the results. To the right is a simple-to-view explanation of our team’s proposed process and critical steps to complete each task. We anticipate some meetings with the city will be in-person and some will be virtual. A brief explanation of the tasks are provided on the following pages. SCHEDULE The KCI team recognizes the City’s interest to efficiently conduct tasks 1-4. With NTP anticipated at the beginning of August 2021, the KCI team recommends providing adequate time to engage with multiple stakeholders and prepare recommendations. We propose to complete tasks 1-4 within 4 1/2 months (by mid-December 2021). The ability to conduct a thorough, yet timely process, will allow the City to continue into implementation of the plan. Our team will take the lead from the City and can adjust the schedule to make sure adequate stakeholder input and considerations are incorporated into the final plan recommendations. TASK 1 – SAFETY DATA ANALYSIS WITH CONTEXT Our team proposes a kickoff meeting with City staff – including four key partners: public works, police, fire, and communications departments. This would allow confirming the data inputs, City’s understandings of trends, and refining the Community Engagement Plan. Based on the input from the meeting, our team will refine the Community Engagement Plan. WORK PLAN Involvement Duration (weeks) Brief Kickoff call with City PM City PM & KCI Team * INPUT - Kickoff meeting with City staff: discuss trends, refine the Community Engagement Plan 4 partners * Develop/refine the Community Engagement Plan KCI Team 2 Review Input Documentation KCI Team 1 Perform Crash Analysis KCI Team 2 Perform Review of Roadway Emphasis Areas KCI Team 1 Deliverable: Report documenting Data Analysis KCI Team 2 Complete Task 1 Beg. September Identify the list of Emphasis Areas KCI Team 1 Two meetings Mid September with agency stakeholders to discuss Emphasis Areas 7 partners 1 Refine list and prioritize Emphasis Areas KCI Team 1 Meeting with City staff to review 4 partners * Deliverable: Memo and PowerPoint Presentation KCI Team 1 Present to City Council (Work Session) October 11th City PM & KCI Team * Complete Task 2 Mid October Develop Strategies and Projects KCI Team 2 Evaluate Posted Speed Limits KCI Team 1 Identify public outreach and education campaigns KCI Team 2 Meeting with City staff to review 4 partners * Deliverable: Memo and PowerPoint Presentation KCI Team 1 Present to City Council (Work Session) November 8th City PM & KCI Team * Complete Task 3 Mid November Develop Action Plan KCI Team 1 Prepare draft report KCI Team 2 Meeting with City staff to review 4 partners * Finalize Material KCI Team 1 Deliverable: Final Report and PowerPoint Presentation KCI Team Present to City Council (Work Session) December 13th City PM & KCI Team * Complete Task 4 Mid December Complete all Task #1-4 4.5 MONTHS Action Plan The Process for Task #1-4 Identify educational campaigns Identify engineering safety countermeasure projects Identify design goals for future transportation projects Task 1 - Safety Data Analysis with Context Tasks Task 2 - Validation of Emphasis Areas Results of Task #1-4 Develop Strategies for 4 E's (Enforcement, Education, Engineering, Emergency Services) Task 3 - Choose Cost-Effective Solutions as Potential Strategies Task 4 - Report Documentation City's 2021 Strategic Plan LSRP Vision and Mission Statements City Planning Documents and Studies Community Engagement Survey (Early 2021) City Police Department Crash Analysis GDOT Crash Database Data Inputs to Task #1-4: 78 Section 6, Item C. page 5City of Milton Local Road Safety Plan | RFP #21-PW15 A review of the input documentation, as well as land use and roadway conditions will be performed. Trends and areas of concerns will be identified. A summary report will be prepared and include the review of historical crash data. For the crash review, we propose to utilize GDOT’s Numetric database for the most recent five- year period (2015-2019) to identify trends in addition to what the City has already summarized. The Numetric database is a robust data source with screening and mapping capability as well as the benefit of time efficiency. In preparing this response, we reviewed the Numetric data and found the following crash features could be beneficial to review: crash severity (KABCO scale), manner of collision, most harmful event, driver contributing factor, driver age, older driver related (55+), impaired driving related, roadway departure related, road surface condition, hit & run related, and ejection from vehicle. From the recent Medical District Roadway Safety Analysis study performed for the City of Sandy Springs, our team gained the insight that the study should focus on countermeasure identification at the higher injury severity locations – meaning the “K, A, B” crash types of the KABCO scale. These recommendations potentially have the highest Benefit/Cost ratios depending on the improvement cost. To supplement the crash review, the team will review the five-years of crash data reports provided by the City; however, a thorough/comprehensive review of 3,000+ individual crash records is not proposed – in part due to schedule. TASK 2 – VALIDATION OF EMPHASIS AREAS During this task the KCI team will identify the list of emphasis areas and then meet with agency stakeholders. We anticipate two meetings to capture input from these seven partners: public works, police, fire, communications, Fulton County public schools, Georgia DOT, and the Milton Equestrian Committee. We will then refine the list and develop a recommended prioritization of the list. A memo and PowerPoint presentation will be prepared to present the findings. This information will be reviewed by the four key partners prior to presenting to City Council at the October Work Session. TASK 3 - CHOOSE COST-EFFECTIVE SOLUTIONS AS POTENTIAL STRATEGIES This is when our team’s brainstorm and creative efforts are highlighted. We will develop both strategies and safety countermeasure projects to address the high priority emphasis areas. An initial list of potential ideas is found in this list. As part of this task, an initial evaluation of posted speed limits for select roads can be performed. A major component of this task is identifying public outreach and education campaigns. Media Relations Group has the depth of knowledge and understanding about the intricacies of working with municipalities such as the City of Milton. Based on their past experiences, they will identify strategies to engage elected officials, property owners, local businesses, and community partners/stakeholders such as the entities on the next page. To address emphasis area: Potential Educational Campaigns Potential list of strategies and safety countermeasure projects Raised median islands with horizontal deflection Speed feedback signs Review/reduce posted speed limits Run of the road crashes Add 1-2' paved shoulders Advance intersection warning signs (with street names for directional guidance) Curve warning signs / advisory speed signs Flashers at limited sight distance intersections/driveways Rebuild curves Vehicles speeds and intersection operations Roundabouts Median Refuge Islands RRFBs or Pedestrian Hybrid Beacons Modify traffic signal phasing/operation Pedestrians Sidewalks or trails Paved shoulders Bicycle lanes Horse riding along streets Designated crossings warning signage (areas, crossings) separate path from street Designated crossings Provide pedestrian access, sidewalks Bus stop locations Improved/enhanced school zones School buses Geometric improvements, roundabouts Policy change in public ROW Improvements at mailboxes Add lighting Enhanced pavement markings/reflectors Increased replacement of pavement markings Crashes involving wildlife/deer Yes Add warning signage/reminders in strategic (highly visible) locations Distracted drivers Yes Trucks Review and update truck route ordinance/provide truck route information to companies working/delivering in the area Initial list to be expanded upon during the study… School areas Crashes with mailboxes Nightime visibility Yes Vehicle speeds Yes Horizontal or vertical curves Pedestrians crossing street Bicyclists PTV (i.e. Golf Carts)Yes Yes Yes 79 Section 6, Item C. page 6City of Milton Local Road Safety Plan | RFP #21-PW15 MRG has proven to be innovative when developing collaterals, designing templates, graphics, infographics, and creating digital campaigns and ads. They provide a great deal of experience developing additional outreach tools including tip cards/handouts, educational door-hangers and eblasts, which have proven to be effective in creating public awareness. The images on the left are an example of en eblast sent out to inform the public of driving safety tips when in a work zone. Additionally, community events, such as the Milton Farmer’s Market, provide a great means to engage the community. Eblasts and social media content also serve as low-cost communication tools to spread information. Through discussions and coordination with the Communication Department, MRG will development a robust strategy for the community engagement plan. This will form the basis for performing the pro-active educational campaigns as part of future Task 8. The goal is to disseminate educational information to the community (public, media, and elected officials) and raise safety awareness to empower them to change current travel behaviors. The team also felt it important to state one of the strategy recommendations will be to champion multi-agency enforcement operations to distribute campaign materials and educate the public. The purpose of the operations is for the apprehension and/or citation of drivers and for public education and awareness of the dangers of driving under the influence, aggressive driving, distracted driving, speeding, and general traffic safety. To conclude task 3, a memo and PowerPoint presentation will be prepared to present the recommendations. This information will be reviewed by the four key partners prior to presenting to City Council at the November Work Session. TASK 4 – REPORT DOCUMENTATION. To complete the effort, our team will prepare a final report and PowerPoint presentation. The documentation will include an action plan and identifying potential funding sources. This information will be reviewed by the four key partners prior to presenting to City Council at the December Work Session. OPTIONAL ADDITIONAL SERVICES: ROADWAY GEOMETRIC DATA COLLECTION AND ANALYSIS. Based on the initial spatial review of different crash types, crashes occur fairly consistently throughout the roadway network. The development of the action plan will be relying on qualitative data. A potential innovative method to enhance the analysis of and prioritization of emphasis areas would include a quantitative analysis: KCI proposes to utilize our in house mobile LiDAR vehicle to collect a high density LiDAR point cloud of roadway geometric data. The LiDAR data would be extracted into three-point cross-section, from which a DEM (elevation model) would be created, and then GIS analysis can be performed for three features: horizontal alignment/curves, vertical curves, and superelevation. The data will be analyzed versus minimum geometric standards based on the posted speed limit to identify roadway locations of potential concern. The crash locations can be overlaid with the geometric data to validate the safety concerns. Our team has performed similar analysis with these tools as proposed; however, not this exact process. Therefore, we would propose a pilot study of 15 miles, monitor the progress and results, and discuss with the client the next step. We expect this would be a cost effective method to document roadway conditions and identify roadway features that may be contributing factors to crashes. Fulton County Schools Olde Blind Dog Cycling Club Georgia Bikes Police Department HOAs Milton Farmers Market Newspapers/ Publications/ Media Focus on Milton Facebook Group Citizens Government Academy Alive at 25 Driver Safety Program The Southern Bicycling Club Aggressive Driving Campaign eblast volume 20.1 For more information about the Drive Safe Campaign, please visit fdotmiamidade.com/drivesafe-md AGGRESSIVE DRIVING BE ALERTExpect anything to occur when entering a work zone DON’T TAILGATEUnexpected stops frequently occur in work zones DON’T SPEEDNote the posted work zone speed limits DON’T CHANGE LANESAny time saved just isn’t worth the risk MINIMIZE DISTRACTIONSAvoid changing radio stations and using cell phones EXPECT THE UNEXPECTEDKeep an eye out for workers and equipment SAFETY TIPSWORKZONE MOVE EARLY INTO OPEN LANES DURING WORK ZONE TRAFFIC SHIFTS BE ALERT WHEN TRAVELING ATNIGHT OR IN INCLEMENT WEATHER BE COURTEOUS TO OTHER DRIVERS • Obey all speed limits and signs• Be attentive and drive responsibly • Always use your turn signals • Pay attention to all signs 80 Section 6, Item C. page 7City of Milton Local Road Safety Plan | RFP #21-PW15 RELATED PROJECTS & REFERENCES PROJECT RELEVANCY • KCI performed traffic assessment of local street and identify feasible improvement options for City consideration CLIENT & REFERENCE City of Johns Creek Chris Haggard - Public Works Director 678.512.3200; chris.haggard@johnscreekga.gov KEY STAFF Andrew Antweiler, Jonathan Cleghon, Chuck Bailey DESCRIPTION Through KCI’s on-call contract with the City of Johns Creek, KCI was requested to perform a traffic calming assessment of Buice Road, from Jones Bridge Road to Old Alabama Road. The City routinely receives complaints from residents regarding speeding vehicles. Residential homes and subdivision entrances are located along this two-lane collector street. KCI performed traffic data collection, reviewed historical crash data, and provide recommendations for traffic calming measures along the two-lane street with a 45-mph posted speed limit. Traffic data collection was performed at eight locations to document existing volumes and speeds. KCI staff performed field observations and identified two potential traffic calming measures for the street conditions - raised median islands (horizontal deflection) at mid-block locations and roundabouts. The goal of these improvements is to reduce the ability for vehicles to travel at high speeds (i.e. 10+ mph above the speed limit). A report was prepared to summarize the data, analysis, and recommendations. Initial layouts for improvements were prepared to illustrate the project footprint. BUICE ROAD TRAFFIC CALMING STUDY PROJECT RELEVANCY • KCI performed a thorough field inventory of geometric conditions and historical crash review to inform the recommendations • Implementation funding options with GDOT Safety programs were investigated to leverage local funds CLIENT & REFERENCE City of Sandy Springs David Low - Project Manager 770.206.1451; dlow@sandyspringsga.gov KEY STAFF Andrew Antweiler, Kayla Ferguson, Daniel Swope, Chuck Bailey, Holly Painter, Erick Fry DESCRIPTION KCI provided a comprehensive roadway safety analysis at 11 intersections and four road segments in the Medical District. The study included an existing conditions analysis, detailed crash review, identification of needs, and development of roadway improvement concepts and multi-modal recommendations to improve safety. The team engaged major stakeholders including the three major hospitals and GDOT. The study initially identified 26 projects and developed a project fact sheet to summarize the recommendation and considerations for implementation. The study included developing concept layouts for two major projects along with cost estimates. The project recommendations were combined into 12 projects for easier implementation. MEDICAL DISTRICT ROADWAY SAFETY ANALYSIS RELATED PROJECTS AND REFERENCES. Our team has extensive experience working with local governments through on-call engineering services contracts or project solicitations. We understand the needs of our municipal clients and help them identify implementable solutions and achieve their goals. Below we have provided four similar assignments, which we believe illustrate our team's capability to conduct the requested services. 81 Section 6, Item C. page 8City of Milton Local Road Safety Plan | RFP #21-PW15 PROJECT RELEVANCY • Local County on-call contract for transportation/traffic services • Prepared Engineering and Traffic Investigation (ETI) reports to support posted speed limit change PROJECT RELEVANCY • Public education and safety campaign • Targeted at high crash volume intersections CLIENT & REFERENCE Florida Department of Transportation - District Six Carlos Sarmiento - Community Traffic Safety Program Coordinator 305.470.5437; carlos.sarmiento@dot.state.fl.us KEY STAFF Alicia Gonzalez, Jeanette Gorgas, Mary Gainor, Jorge Sotolongo DESCRIPTION This campaign focuses on the safety of pedestrians and bicyclists and is a dynamic and coordinated effort that includes many individuals and partners throughout the state. The long-term priority of the campaign is to increase awareness of pedestrian and bicycle laws and advise of the dangers of jaywalking and drivers not yielding to pedestrians when making left and right-hand turns. The key strategy of the annual campaign is to develop the local brand and strengthen the foundation of partners and community support to maximize communication resources and help spread the safety messages. Our team sought out partnerships with local municipalities, organizations, and academic institutions in order to reach the audience effectively through the distribution of collateral materials including an interactive email blast and social media messaging. ALERT TODAY, ALIVE TOMORROW CAMPAIGN CLIENT & REFERENCE Barrow County Jessica Jackson - Project Manager 770.307.3000; jjackson@barrowga.org KEY STAFF Chuck Bailey, Andrew Antweiler DESCRIPTION KCI was awarded Barrow County Professional Transportation/Traffic and Stormwater Engineering Services contract in 2019 and serves as their on-call consultant. To date, the KCI team has completed three task orders that include ETI-Speed Studies associated with Barrow County’s Speed Zone Ordinance and traffic studies at two locations based on citizen inquiries. We have two as-needed task orders to assist with construction engineering inspection (CEI) and traffic engineering support. The KCI staff has assisted with roadway and bridge maintenance suggestions on the CEI support task and recently completed review of two Traffic Impact Studies and a Hydrology Report submitted in conjunction with a Development Plan. We are currently preparing an as-built survey of an older detention pond and comparing it to the original design and current standards and providing recommendations to address any issues identified. TRAFFIC ENGINEERING ON-CALL PREVIOUS EXPERIENCE WITH CITY OF MILTON PROJECTS Our project manager, Andrew Antweiler, was involved in the concept development and traffic analysis for the TSPLOST Batch 1 Design Services contract and is familiar with the traffic conditions in the City of Milton. Currently, Andrew and Kerrie Boyette are working for the City performing engineering services for the TSPLOST Batch 3 Design Services contract. 82 Section 6, Item C. page 9City of Milton Local Road Safety Plan | RFP #21-PW15RFP 21-PW15 Addendum #1 1 | P a g e ACKNOWLEDGEMENT RECEIPT OF ADDENDUM #1 RFP 21-PW15 Upon receipt of documents, please email, fax or mail this page to: City of Milton Attn: Honor Motes, Purchasing Office 2006 Heritage Walk Milton, GA 30004 Phone: 678-242-2500 Fax: 678-242-2499 Email: honor.motes@cityofmiltonga.us I hereby acknowledge receipt of documents pertaining to the above referenced RFP. COMPANY NAME: CONTACT PERSON: ADDRESS: CITY: STATE: ZIP: PHONE: FAX: EMAIL ADDRESS: Signature Date ADDENDUM #1 ADDENDA ACKNOWLEDGMENT 2160 Satellite Boulevard, Suite 130 Erick Fry, PE / Vice President KCI Technologies, Inc. Duluth GA 30097 N/A678.990.6200 erick.fry@kci.com July 1, 2021 83 Section 6, Item C. page 10City of Milton Local Road Safety Plan | RFP #21-PW15 CONTRACTOR AFFIDAVIT6 | RFP 21-PW15 CONTRACTOR AFFIDAVIT AND AGREEMENT MUST BE RETURNED WITH PROPOSAL 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 Local Road Safety Plan 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: _________________________________ KCI Technologies, Inc. Erick Fry, PE / Vice President July July 1 1 21 21 Tampa FL November 26, 2021 113742 April 4, 2008 84 Section 6, Item C. page 11City of Milton Local Road Safety Plan | RFP #21-PW15 APPENDIX ● PRINCIPAL-IN-CHARGE Erick Fry, PE ●PROJECT MANAGER Andrew Antweiler, PE, PTOE* *Resume included in the following pages. ● QA/QC MANAGER Holly Painter, PE ● EDUCATION/COMMUNITY ENGAGEMENT Jeanette Gorgas* Lead Alicia Ana Gonzalez Dilcia Salinas Mary Gainor ● ENGINEERING TEAM ROADWAY ALTERNATIVES Jonathan Cleghon, PE* Lead Chuck Bailey, PE* Todd McDuffie* Kayla Ferguson, PE* Daniel Swope ROADWAY DESIGN Kerrie Boyette, PE* Lead Claudia Mancialls, PE Jerod June, PE Eric Rickert, PE At KCI, our team consists of highly qualified professionals who will provide advice, be trusted by your staff and partner agencies, and have the depth of resources to deliver results. Our multi-discipline team has worked together on similar designs and studies. Presented here is out team’s organizational chart. On the pages that follow, additional information is provided for key personnel, confirming their experience and expertise on similar projects. 85 Section 6, Item C. page 12City of Milton Local Road Safety Plan | RFP #21-PW15 CERTIFICATIONS & REGISTRATIONS PE / GA / 030653 PE / FL / 62568 PTOE EDUCATION MS / Civil Engineering / Georgia Institute of Technology BS / Civil Engineering / Georgia Institute of Technology MEMBERSHIPS Georgia Section of the Institute of Transportation Engineers - President Georgia Partnership for Transportation Quality - Traffic Subcommittee With extensive experience in various aspects of transportation planning and engineering, Andrew is highly qualified to serve as the project manager and traffic lead for this on-call traffic engineering project. Andrew’s skills will prove invaluable as he leads our team and assists in identifying improvement recommendations. Andrew has worked as both a consultant and in the public sector. During his seven years with the City of Roswell, Andrew managed projects ranging from planning studies, to complete street studies, to traffic operational studies, and roadway and signal design projects. As a consultant, his experience includes preparing traffic forecasting and traffic engineering studies for GDOT scoping and concept design projects, as well as traffic operations analysis, corridor studies, complete street projects, traffic impact studies, signal warrant analyses, mid- block pedestrian studies, roundabout feasibility studies, and safety analysis. Technically, Andrew is very knowledgeable with GDOT traffic forecasting, GDOT traffic engineering requirements, the GDOT ICE Policy, the GDOT Roundabout Analysis tool, as well as the GDOT PDP process. Andrew understands all of the steps involved in the life of a project and how to engage stakeholders and coordinate with agencies to get projects implemented. Further, he has managed design projects that have been locally funded as well as followed the GDOT PDP process. Andrew’s knowledge in many areas will prove beneficial in advising Dawson County as part of this on-call services contract. PROJECT EXPERIENCE City of Milton, TSPLOST Batch 3 Design Services. Milton, GA. Project Manager/Traffic Engineer. This project includes identifying transportation improvements at three unsignalized intersections for the City. KCI is performing operational analysis for up to three alternatives, including adding turn lanes, adding a traffic signal, or a roundabout. KCI is developing concept layouts for the preferred alternative which will be shared with adjacent property stakeholders and general public during a short public involvement process. The project will include developing construction cost estimates. Based on the selected alternative, the City may choose to proceed with the preliminary engineering. Gwinnett County Department of Transportation, Webb Ginn House at SR 20. Gwinnett County, GA. Traffic Engineer. KCI performed a review of operational and safety concerns along this residential minor arterial. Andrew led the crash review and provided traffic recommendations for the development of initial concept layouts. Concept layouts were developed along with probably costs for design and construction. Based on the study recommendations, traffic signal plans were prepared at one intersection. City of Gainesville, Lanier Avenue and Walker Street All Way Stop Study. Gainesville, GA. Project Manager. KCI provided the City of Gainesville a study determining whether the proposed unsignalized intersection warranted an all way stop. Traffic volumes were collected, and a crash review was performed. The findings concluded that the MUTCD volume warrants were not met and therefore the recommendation was to maintain the existing side-street stop control. ANDREW ANTWEILER, PE, PTOE PROJECT MANAGER 20 YEARS TOTAL EXPERIENCE “Andrew is a proven project manager, who oversaw planning and design projects while employed with the City of Roswell. His creative problem-solving skill set complements his technical analysis and understanding of the communities’ goals. He takes an active role in projects, partnering with his clients to provide guidance, then leading them towards an implementable solution. Andrew is easy to work with and responsive to his client’s needs. Roswell highly recommends Andrew for any project management or traffic engineering needs.” – Rob Dell-Ross, City of Roswell Deputy Transportation Director 86 Section 6, Item C. page 13City of Milton Local Road Safety Plan | RFP #21-PW15 CERTIFICATIONS & REGISTRATIONS PE / TN / 107340 EDUCATION MS / Civil Engineering / University of Tennessee BS / Civil Engineering / University of Tennessee MEMBERSHIPS Roundabouts, Mini-Roundabouts, and Traffic Circles - Member Institute of Transportation Engineers - Member American Public Works Association - Member Jonathan has 24 years of professional engineering and project management experience. Prior to joining KCI, Mr. Cleghon worked as a project engineer and program manager for Metro Nashville Public Works, where he was responsible for managing Metro’s $30 million annual sidewalk program along with a number of other high-profile ITS and traffic operations management programs. Additionally, during his tenure, he oversaw major capital projects, including Division Street extension and Korean Veterans Boulevard design and construction, two significant roadway improvements in downtown Nashville. Since joining KCI Jonathan has served as a senior project manager on a wide variety of traffic engineering projects including traffic signal design, traffic signal timing and optimization, complete street design, roundabout design, traffic calming design, temporary traffic control plans, safety studies, and a number of innovative bikeway designs. PROJECT EXPERIENCE Metropolitan Government of Nashville and Davidson County, 11th Avenue S. Corridor Study. Nashville, TN. Senior Project Manager. With the objective of mitigating effects of rapid development growth on public right-of-way operations in this highly-visited part of downtown Nashville, KCI developed a holistic set of guidelines that improve curbside management, enhance the safety of pedestrians, bicyclists, and other vulnerable roadway users, decrease the travel delay, create additional green spaces, improve parking efficiency, and provide residents and visitors with a more transit-friendly environment. Jonathan served as the project manager for this project. He worked on quality control procedures, transportation planning, community outreach, along with coordination with elected officials. Metro Nashville Public Works, Bike Feasibility Studies. Nashville, TN. Project Manager. KCI assisted Metro Nashville Public Works with the development of a pilot pedestrian and bicycle safety improvement program that identified high hazard locations within Nashville for both pedestrians and cyclists. Crashes were identified and mapped to highlight these locations, while a statistical analysis was performed to identify statistically significant relationships between various demographic and physical landscape variables that may be contributing to higher instances of crashes around the city. This pilot initiative also included the development of a pedestrian and bicycle safety countermeasures toolbox which includes a range of cost-effective, easily implementable countermeasures that can be employed in a short timeframe to improve roadway safety for all transportation system users. Jonathan served as the project manager on this project who worked on quality control, bikeway design, community outreach, and construction assistance. Belmont University, Belmont Bikeway. Nashville, TN. Project Manager. KCI is designing improvements along Belmont Boulevard that prioritize slower vehicular traffic, safety and access for pedestrians, and better use of space. A series of community meetings to develop improvement plans meet general consensus with the neighborhood resulted in consolidated crosswalk locations, medians, planters, curb extensions and buffers for bike lanes. JONATHAN CLEGHON, PE ROADWAY ALTERNATIVES LEAD 24 YEARS TOTAL EXPERIENCE 87 Section 6, Item C. page 14City of Milton Local Road Safety Plan | RFP #21-PW15 CERTIFICATIONS & REGISTRATIONS PE / GA / 25412 IAM Certificate in Asset Management - The Principles of Asset Management EDUCATION MSCE / Transportation Engineering / Georgia Institute of Technology BSCE / Civil Engineering / Georgia Institute of Technology Chuck is an accomplished professional engineer with over 26 years of experience in the conceptual planning, detailed design, complex installation, daily operation, and continued maintenance of traffic and ITS infrastructure. His duties include business development, marketing, and managing the traffic engineers and technicians within the Georgia Traffic/ITS Practice. Prior to joining KCI, Chuck served as the traffic engineering division director for the Gwinnett County Department of Transportation for over a decade. PROJECT EXPERIENCE Gwinnett County Department of Transportation, Simonton Road at Park Place Road - Design. Gwinnett County, GA. Lead Traffic Engineer. KCI was initially tasked with analyzing the intersection to determine if a roundabout would efficiently handle the future traffic demand and preparing a conceptual layout and probable construction cost. The traffic analysis indicated that a single-lane roundabout was the preferred alternative and improved the overall operation of the intersection. KCI then moved to the design phase of the project where our schedule had to be very aggressive to keep pace with the planned opening of the residential development. The KCI team completed the survey, SUE, traffic analysis, roadway design, and stormwater analysis for this project. Barrow County, Professional Transportation Traffic and Stormwater Engineering Services. Barrow County, GA. Project Manager. KCI was awarded Barrow County Professional Transportation/Traffic and Stormwater Engineering Services contract in 2019 and serves as their on-call consultant. To date, the KCI team has completed three task orders that include ETI-Speed Studies associated with Barrow County’s Speed Zone Ordinance and traffic studies at two locations based on citizen inquiries. We have two as-needed task orders to assist with construction engineering inspection (CEI) and traffic engineering support. The KCI staff has assisted with roadway and bridge maintenance suggestions on the CEI support task and recently completed review of two Traffic Impact Study’s and an Hydrology Report submitted in conjunction with a Development Plan. KCI is currently preparing an as-built survey of an older detention pond and comparing it to the original design and current standards and providing recommendations to address any issues identified. City of Sandy Springs, Roswell Road at Dalrymple Road, Sandy Springs, GA. Traffic Engineer. KCI is providing survey, traffic, SUE, transportation engineering design and related tasks for the intersection improvement project for the City of Sandy Springs. The scope of the project is for the southwest quadrant of the intersection of Dalrymple Road as Roswell Road. KCI is improving this leg of the intersection by the addition of a left turn lane to improve the storage of vehicles during peak rush hours. City of Roswell, Woodstock at SR92 Intersection Improvements and Multi-Use Trail. Roswell, GA. Traffic Engineer. As part of KCI’s ongoing on-call contract with the City of Roswell, KCI was assigned a task order to design a multi-use path on Woodstock Road at the intersection of SR 92, as well as improve the intersection by including an addition right turn lane onto the State Route. KCI was responsible for the survey database including SUE-QLB, concept development and geometric design, plan development, stormwater analysis, utility coordination, for the multi-use path/intersection project. CHARLES BAILEY, PE ROADWAY ALTERNATIVES 26 YEARS TOTAL EXPERIENCE 88 Section 6, Item C. page 15City of Milton Local Road Safety Plan | RFP #21-PW15 CERTIFICATIONS & REGISTRATIONS GDOT Worksite Erosion Control Supervisor (WECS) GSWCC Level 1a (Erosion Control) EDUCATION BS / Business Administration and Economics / Piedmont College Todd retired from GDOT as a district engineer. He spent most of his career at GDOT in District One, serving various positions from a signal engineer to a maintenance engineer, before becoming an area engineer and finally a district engineer. His years of experience dealing with local governments and GDOT employees, as well as his affiliation with multiple clubs and organizations, has proven his proficiency in speaking to large groups on technical matters. Todd has experience in maintenance, traffic operations and safety, construction, and permits. His years of experience and training in traffic safety, signing, and MUTCD with GDOT and local agencies allowed him to lead training sessions and public meetings. PROJECT EXPERIENCE Georgia Department of Transportation, District One Construction Engineering and Inspection Services Task Order Contract. District 1, GA. Construction Manager. This multi-year, $15 million contract includes numerous state route and interstate projects. KCI is providing specialized assistance in contract administration, traffic signal inspection, and plan review. This is the fourth time KCI has been awarded this contract. Todd manages staff and ensures proper project completion. Banks County, Banks County CEI Services. Banks County, GA. Project Manager. KCI provided on-call construction engineering and inspection services as part of an on-call agreement with Banks County. Todd served as the project manager for this project. He prepared project documents and plans for letting. Todd assisted the county with the letting process and award of project to the contractor. He also assisted in construction activities and inspection duties. Barrow County, 2019 Speed Study. Barrow County, GA. Project Manager. Todd served as the project manager for this contract. He collected field data and developed ETI’s for various roads to included in Counties speed zone ordinance. Habersham County, Habersham County Off System Safety Project. Habersham County, GA. Project Manager. KCI provided construction services for off-system safety projects in Habersham County. Todd served as the project manager on this project. He collected field data and developed the signing plan for various roads in the county which included all GDOT specs and maps for letting. Barrow County, Off-System Safety Program. Barrow County, GA. Project Manager. KCI performed evaluations and analyses to develop an off-system safety project in Barrow County. As part of this contract, KCI inspected roads, identified deficiencies and prepared an inventory of safety improvement needs. All documentation was submitted to GDOT for their review and consideration for funding and establishing a grant for needed improvements. This project was funded through the Off-System Safety Program or High-Risk Rural Route Program. Todd managed the project and put together the inventory and documents for submittal to GDOT. TODD MCDUFFIE ROADWAY ALTERNATIVES 34 YEARS TOTAL EXPERIENCE 89 Section 6, Item C. page 16City of Milton Local Road Safety Plan | RFP #21-PW15 CERTIFICATIONS & REGISTRATIONS PE / TN / 119144 EDUCATION BS / Civil and Environmental Engineering / Tennessee Technological University MS / Civil and Environmental Engineering, Transportation / Tennessee Technological University MEMBERSHIPS Institute of Transportation Engineers - Member American Society of Civil Engineers - Member National Transit Cooperative Research Program (TCRP) Committee Since starting her career with KCI, Kayla has worked on various statewide and community transportation plans throughout Tennessee, including TDOT’s Statewide Long Range Transportation Plan, Metro Nashville’s Downtown Multimodal Mobility Study, and the Nashville MPO Pedestrian and Bicycle Plan Update. She has extensive knowledge in GIS, TransCAD, and AutoCAD. She also has experience with traffic simulation software Synchro and SimTraffic. She is a member of the Institute of Transportation Engineers (ITE) and the American Society of Civil Engineers (ASCE). She recently served on a National Transit Cooperative Research Program Committee (Project H-54) on developing a Guide to Equity Analysis in Transportation Planning. PROJECT EXPERIENCE City of Sandy Springs, Medical District Roadway Safety Analysis. Sandy Springs, GA. Senior Engineer. KCI is providing a comprehensive roadway safety analysis at 11 intersections and four road segments in the Medical District. The study included an existing conditions analysis, detailed crash review, identification of needs, and development of roadway improvement concepts and multi-modal recommendations to improve safety. The team engaged major stakeholders including the three major hospitals and GDOT. The study initially identified 26 projects and developed a project fact sheet to summarize the recommendation and considerations for implementation. The study included developing concept layouts for two major projects along with cost estimates. The project recommendations are being finalized, which includes combining projects into 12 projects for easier implementation. Knoxville County Engineering & Public Works, Knox County Walk-to-School Trip Forecasts and Safety Engineering Assessment. Knoxville, TN. Project Engineer. Using an innovative GIS analysis, KCI developed walk-to-school trip estimates for all schools in the Knox County School (KCS) system and used these to prioritize the greatest pedestrian safety needs in the county. Phase 2 of the project expanded the initial analysis and included the further refinement of the prioritization and the development of concept plans for safety improvements at 14 KCS schools. Using both desktop and extensive in-field site investigations, KCI recommended capital improvements including sidewalks and multi-use trails with the goal of encouraging walk trips to schools by providing high quality and safe pedestrian infrastructure. Assisted in developing trip routing for students (K-12) traveling to their schools via the Knox County road network. Travel times were used to predict walking potential in areas surrounding schools which helped prioritize sidewalk infrastructure improvements. Knox County Procurement Division, Hardin Valley Mobility Study. Knox County, TN. Project Engineer. The Knoxville Regional Transportation Planning Organization (RTPO) contracted with KCI to take a closer look at the transportation implications of land use decisions in the area. The 12-month process included an analysis of historic development patterns, discernment of future growth in population and employment, determination of existing transportation deficiencies, projection of future needs, and identification of investments needed and their projected cost. KCI led an extensive and engaging stakeholder and public involvement process, and ultimately provided the RTPO with a list of potential projects—prioritized by cost and constructability—that will improve transportation safety, accessibility, and connectivity in the Hardin Valley study area. KAYLA FERGUSON, PE ROADWAY ALTERNATIVES 8 YEARS TOTAL EXPERIENCE 90 Section 6, Item C. page 17City of Milton Local Road Safety Plan | RFP #21-PW15 CERTIFICATIONS & REGISTRATIONS PE / GA / 029553 PE / FL / 75078 PE / NC / 33668 PE / SC / 26246 PE / VA / 0402044863 Graduate of ACEC Future Leaders Program GSWCC Level II Certified Erosion Control Design Professional EDUCATION BCE / Georgia Institute of Technology MEMBERSHIPS Graduate of ACEC Future Leaders Program Georgia Partnership for Transportation Quality - Program Delivery Subcommittee Kerrie is a senior project manager who has served as the lead design engineer on multiple projects for GDOT and local government agencies. She has comprehensive knowledge of developing risk-based project alternatives and, ultimately, approved concepts. Kerrie’s experience includes working on on-call contracts with GDOT, Gwinnett County, and the City of Johns Creek. She has a successful track record of managing large teams that include multiple subconsultants and both internal and external resources. PROJECT EXPERIENCE City of Sandy Springs, Roswell Road at Dalrymple Road. Sandy Springs, GA. QC/QA Lead. Under an on-call contract with the City, KCI is providing survey, traffic, SUE, transportation engineering design and related tasks for the intersection improvement project for the City of Sandy Springs. The scope of the project is for the southwest quadrant of the intersection of Dalrymple Road as Roswell Road. KCI is improving this leg of the intersection by the addition of a left turn lane to improve the storage of vehicles during peak rush hours. City of Johns Creek, Old Alabama Road Center Turn Lane. Johns Creek, GA. Project Manager. KCI completed the survey database and design for the construction of a center turn lane on Old Alabama Road between Breckenridge Close/Preston Oaks Drive and Madison Park/Carrington Lane as part of our on-call contract with the City of Johns Creek. This is an urban residential area with curb and gutter, sidewalks, and a closed longitudinal drainage system. City of Sandy Springs, Mount Vernon Highway Corridor - Johnson Ferry Road to the Sandy Springs MARTA Station. Sandy Springs, GA. QC/QA Lead. Under an on-call contract with the City, KCI has been contracted by the City of Sandy Springs to develop conceptual alternatives along Mount Vernon Corridor that facilitate multiple lanes, median widths, pedestrian access, transit mobility, smart corridor options, lighting and landscaping. The KCI team is providing design services, SUE, and utility coordination for this 1.5-milelong project in the heart of Sandy Springs along one of its busiest corridors. These improvements will provide added safety for turning by providing a two-way, left-turn lane at different segments with one lane in each direction. Gwinnett County Department of Transportation, Gwinnett County Scenic Highway/ SR 124. Gwinnett County, GA. Designer. KCI is providing the survey, SUE, and design services for this project. The project improvements consist of widening SR 124 to provide six travel lanes along SR 124, a raised median with turn lanes, operational improvements at intersections, and access modifications. Pedestrian improvements (sidewalks and a ten-foot wide shared-use path on one side) along portions of the project to accommodate pedestrians and bicyclists. Once the GDOT Concept Report is approved, KCI will prepare the construction plans. Kerrie served as a roadway design lead for this project. KCI is committed to providing innovative approaches such as continuous flow intersections and designs that are sensitive to these impacts while expediting the schedule to meet GCDOT’s needs. 22 YEARS TOTAL EXPERIENCE KERRIE BOYETTE, PE ROADWAY DESIGN 91 Section 6, Item C. page 18City of Milton Local Road Safety Plan | RFP #21-PW15 EDUCATION BA / Professional Studies / Specialization in Public Administration / Barry University AA / Communications / Miami-Dade Community College Jeanette is a bilingual public information and communications professional with more than 26 years of experience, working in various aspects of communications and television news media outlets. She has managed, or currently manages, multiple FDOT District Six, Miami-Dade County, Miami-Dade Water and Sewer (MD-WASD), Miami-Dade Department of Transportation & Public Works (MD-DTPW), Town of Medley, City of Miami Beach and more recently Village of Palmetto Bay contracts for MRG and serves as a senior community outreach specialist on multiple design-build, design and roadway construction projects at different levels. Jeanette has served as the lead source of information for many projects, creating developing community public relations and strategic communications strategies and programs. As lead community outreach specialist on this contract, along with her years of experience, dedication, and will, Jeanette consistently ensure contract compliance, manage budget, execute special projects and oversee all staff and work production. PROJECT EXPERIENCE Districtwide Communication Programs and Special Projects – Traffic Operations, FDOT District Six. Miami-Dade and Monroe Counties, Florida. Lead Community Outreach Specialist. For over five years, Jeanette has held the role of lead community outreach specialist (COS) on this multi-layered District Six contract, which includes multiple local outreach campaign plans encompassing both Miami-Dade and Monroe Counties. She is the main source for the acquisition and distribution of project related information throughout the life of the project and is responsible for developing and writing plans/proposals for future campaigns and disseminating collateral materials to the public using plain language. Jeanette effectively develops strategic alliances and corporate partnerships, as well as identifies effective educational campaign initiatives where she works closely with the media to help garner potential earned opportunities and interviews for further public outreach. 87 Avenue Bridge Public Involvement Support Services Contract, Village of Palmetto Bay. Miami-Dade County, Florida. Senior Communication Outreach Specialist. MRG staff provides public involvement support services to the Village of Palmetto Bay, which include public involvement/engagement and graphic design services, to bring awareness to the community of the proposed bridge over 87 Avenue, while expanding the Village’s social media presence. Jeanette serves as the senior communication outreach specialist for this project and acts as an extension to the Village staff. Some of her responsibilities will include, monitoring and periodic reporting of Village partner agencies social media messaging, stakeholder outreach and coordination, strategy meetings with Village Staff and media coordination, of which she has years of experience. SW 117 Avenue (Area N), Miami-Dade Water and Sewer Department. Miami-Dade County, Florida. Senior Public Information Officer. Jeanette served as the senior public information officer for this project where she was responsible for the day-to-day efforts and currently oversees the PI efforts for the installation of a six mile 48-inch water line along SW 117 Avenue from the Snapper Creek Canal to SW 152 Street and a 16-inch wastewater line on SW 127 Avenue from SW 88 Street to 108 Street, which started in July 2018. 26 YEARS TOTAL EXPERIENCE JEANETTE GORGAS EDUCATION/COMMUNITY ENGAGEMENT LEAD 92 Section 6, Item C. City of Milton Local Road Safety Plan | RFP #21-PW15 PRICE PROPOSAL23 | RFP 21-PW14 SECTION 5: COST PROPOSAL ~ Page 1 of 2 ♦ MUST BE RETURNED WITH PROPOSAL IN A SEPARATE FILE ♦ The Consultant’s cost proposal shall be signed by an authorized agent of the company. Also, as requested below, include hourly rates for general job classes that will be used to establish fees for future Tasks 5-8. The undersigned Consultant, having familiarized themselves with the work required by the RFP, the solicitation documents, the site where the work is to be performed, all laws, regulations, and other factors affecting performance of the work, and having satisfied itself/himself/herself of the expense and difficulties attending performance of the work; hereby proposes and agrees, if this offer for the above named project is accepted to enter into a contract to perform all work necessary to the successful completion of the contract; and to supply all required submittals as indicated or specified in the RFP and the bid documents to be performed or furnished by Consultant for the total contract price of: Task 1 Price (Not to exceed) $________________________________ Task 2 Price (Not to exceed) $________________________________ Task 3 Price (Not to exceed) $________________________________ Task 4 Price (Not to exceed) $________________________________ TOTAL PRICE: (Not to Exceed) $__________________________________________ Print Total Price in Words _______________________________________________ 34,400 16,400 20,800 10,800 82,400 eighty-two thousand four hundred dollars 93 Section 6, Item C. City of Milton Local Road Safety Plan | RFP #21-PW15 24 | RFP 21-PW14 SECTION 5: COST PROPOSAL ~ Page 2 of 2 ♦ MUST BE RETURNED WITH PROPOSAL IN A SEPARATE FILE ♦ Include hourly rates for general job classes that will be used to establish fees for future tasks 5-8. Billing Hourly Rates for the following job classes: Project Manager Planner/Engineer $_____/hr Design Engineer $_____/hr Design Technician $_____/hr Other Title (related to public education task) $_____/hr Composite Hourly Rates based on task expertise (use percentage of time across various job classes to determine an approximate hourly rate) Example: Technician $60/hr (60%), Engineer $90/hr (30%), Manager $120/hr (10%) = composite rate of $75/hr Collect data $_____/hr Analyze data $_____/hr Design strategies $_____/hr Public education $_____/hr Print/Type Company Name: _______________________________________________ Authorized Signature______________________________________________________ Date_____________________________________________________________________ Print/Type Name___________________________________________________________ Print/Type Title_____________________________________________________________ PRICE PROPOSAL 185 160 115 125 135 145 135 KCI Technologies, Inc. July 1, 2021 Erick Fry, PE Vice President ** ** Public Information Manager $286/hr Community Outreach Specialist, Senior $133/hr Community Outreach Specialist $95/hr Graphic Designer $98/hr Multi-Media Production & Innovation $116/hr 94 Section 6, Item C. ADDITIONAL INFORMATIONKCI is pleased to submit our answers to the City's questions for the shortlist portion of RFP 21-PW15. APPROACH TO SCOPINGQ1: In task 1, describe your understanding of the qualitative data collection and how this works into the plan beyond the analysis of crash data and 85th speed percentile. A strength of our team is experience preparing documentation to support speed limit changes for municipalities including Gwinnett County, Barrow County and the City of Gainesville. Todd McDuffie is a retired GDOT District Engineer who is experienced in preparing Engineering and Traffic Investigation reports to support speed zone ordinance request changes. Our approach includes having Todd and an engineer drive the streets and document the qualitative features – including what is the ‘comfortable speed’ to travel on the street. The field reviews are an important component in identifying potential strategies to address the communities’ concerns. Q2: Describe how future tasks 5 and 6 will build from the LRSP deliverables as part of tasks 1-4. If applicable, share an example from a LRSP that demonstrates this relationship. The roadway characteristics and crash data collected as part of Task 1 will be utilized in Task 6 for performing the USLimits2 analysis. Some additional data collection and data inputs will be needed as part of Task 5 for use in Task 6. Q3: Appropriate speed limits will be one of the high priority strategies that the LRSP should support. Describe your understanding of how the LRSP can support evaluation of speed limits. Include any strategies that can be presented to GDOT from the LRSP to support innovative considerations of speed limits. In our experience, preparing the ETI (Engineering and Traffic Investigation) report is the preferred method to document the request to change a posted speed limit from GDOT. The USLimits2 analysis is similar and may provide additional support to the request.; however, USLimits2 does not incorporate engineering judgment. Documentation of the road characteristics and the reasons (i.e. speeds, adjacent land uses, curves, traffic control, etc) make a stronger case for setting speed limits. Where USLimits2 results may be beneficial is it provides a more objective analysis based on set criteria. Q4: Describe some “cost-effective solutions” you see as a fit for the City of Milton. Our proposal included a list of potential strategies and safety countermeasures. Educational campaigns would be at the top of the list in terms of cost-effectiveness to address many emphasis areas. The next tier of solutions would be signage and pavement marking improvements. The geometric construction countermeasures will be effective yet cost the most. Q5: Beyond the community engagement we described in the RFP, do you have any additional proposals? Our approach is to utilize the survey results the City of Milton collected in early 2021 and the other studies and data as inputs into the LRSP. To provide an efficient schedule, no additional community engagement is proposed until after Task 1-4 are completed. The presentations at three key milestones to City Council will provide the opportunity to confirm the study is moving in the right direction. Our proposal (page 6) highlighted some innovative methods to reach the community – which we look forward to discussing with the Communications Department and the other three key partners involved in the study. SCHEDULE Q6: Once we award the contract (anticipated late September 2021), what is your availability to complete the plan? Our key personnel are ready and poised to begin tasks immediately. The availability of key personnel beginning in October is projected at: Project Manager – Andrew Antweiler – 75%Traffic Alternatives – Jonathan Cleghon – 65% Traffic Alternatives – Charles Bailey – 65% Roadway Design Lead – Kerrie Boyette – 60%Community Engagement Lead – Jeanette Gorgas – 70% Roadway Alternatives - Todd McDuffie - 50% Our staff will be responsive to the City of Milton throughout this contract when called upon. As stated in the proposal, we plan to complete tasks 1-4 within 4 1/2 months. The schedule can be adjusted to meet the City’s needs. COSTQ7: Do you have any suggested changes to our proposed scope to reduce cost? If so, describe proposal and cost savings amount. Our cost proposal for Tasks 1-4 was prepared with a not to exceed amount instead of lump sum. This provides a potential cost savings when some tasks may not require as much time as estimated or the City revises the scope in the middle of the project. A second potential cost savings is to conduct virtual calls for most of the City/consultant meetings. This will reduce travel time and travel expenses. It’s difficult to define the savings; however, it could be around $1,000-$2,000. Looking ahead to Task 8, our team member, Media Relations Group (MRG), is always thinking of innovative and cost-effective ways to inform the public. MRG has identified several cost effective, out-of-the-box activities to be used during the City’s communications phases: 1. Virtual Meetings: many residents find it easier to attend meetings virtually and it is less expensive for the City because you save the cost of printing materials, setting up the venue and expenses incurred at the venue. These meetings can also be recorded and made available in real time. 2. Social Media Campaigns: using social media messaging on various platforms you are able to spread your safety messages without the printing costs.3. Messaging Boards: these temporary traffic message boards can be placed at strategic locations throughout the City to spread the safety messages. 4. Earned Media: pitch a story for a local TV station or newspaper to reach mass audiences at no charge. Q8: Include cost per location to evaluate speed limit using Expert system approach. This should include collection of all data needed to input into the USLimits2 system and use of LRSP in support of this approach. This question refers to future Tasks 5 & 6. Performing the USLimits2 analysis for one road segment will consist of data collection, collecting input variables, and software usage. The data collection effort would include one 24-hour speed count. The effort to complete one road segment (with uniform characteristics) is estimated to cost $950. The deliverable will consist of a PDF of the USLimits2 report and a ‘text’ file which can be edited in the software. LOCAL ROAD SAFETY PLAN RFP 21-PW15 95 Section 6, Item C. ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? INSR ADDL SUBR LTR INSD WVD 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) 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 EACH OCCURRENCE $ DAMAGE TO RENTEDCLAIMS-MADE OCCUR $PREMISES (Ea occurrence) MED EXP (Any one person)$ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER:GENERAL AGGREGATE $ PRO-POLICY LOC PRODUCTS - COMP/OP AGGJECT OTHER:$ COMBINED SINGLE LIMIT $(Ea accident) ANY AUTO BODILY INJURY (Per person)$ OWNED SCHEDULED BODILY INJURY (Per accident)$AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $AUTOS ONLY 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 LIMITDESCRIPTION OF OPERATIONS below INSURER(S) AFFORDING COVERAGE NAIC # COMMERCIAL GENERAL LIABILITY Y / N N / A (Mandatory in NH) 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 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.ACORD 25 (2016/03) CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) $ $ $ $ $ The ACORD name and logo are registered marks of ACORD 9/30/2021 (302) 472-2914 19445 KCI Technologies, Inc. 2160 Satellite Boulevard, Suite 130 Duluth, GA 30097 16691 23841 A 1,000,000 X X GL 522-24-13 4/1/2021 4/1/2022 500,000 25,000 1,000,000 2,000,000 2,000,000 2,000,000A CA 448-95-82 4/1/2021 4/1/2022 10,000,000B TUU020292510 4/1/2021 4/1/2022 10,000,000 10,000 C WC 012-01-6190 4/1/2021 4/1/2022 1,000,000 N 1,000,000 1,000,000 Projects: RFP 21-PW15 City of Milton is Additional Insured under the General Liability where required by written contract. City of Milton 2006 Heritage Walk Milton, GA 30004 KCITECH-01 AMORRISON Lyons Insurance Agency, Inc. 501 Carr Road, Suite 301 Wilmington, DE 19809 Maureen Martin, AAI mmartin@lyonsinsurance.com National Union Fire Insurance Company of Pittsburgh, PA Great American Insurance Co. New Hampshire Insurance Company X X X X X X X X 96 Section 6, Item C. INSR ADDLSUBR 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 XL Specialty Insurance Co. 9/30/2021 CBIZ Insurance Services, Inc. 9755 Patuxent Woods Drive Suite 200 Columbia, MD 21046 Letha Lombardi 443-259-3237 certrequest@cbiz.com KCI Technologies, Inc. 2160 Satellite Blvd, Suite 130 Duluth, GA 30097 37885 A Professional Liability DPR9970024 12/15/2020 12/15/2021 $10,000,000 each claim $15,000,000 aggregate $500,000 deductible City of Milton 2006 Heritage Walk Milton, GA 300004 1 of 1 #S2891494/M2619540 KCITECClient#: 42475 0PAS Re: Job #RFP 21-PW15. 97 Section 6, Item C. EXHIBIT “C” Please see Exhibits A and B. Notwithstanding anything to the contrary in those exhibits, this initial Scope of Work includes Tasks 1-4 and excludes Tasks 5-8. 98 Section 6, Item C. EXHIBIT “D” STATE OF ____________ COUNTY OF ___________ CONTRACTOR AFFIDAVIT AND AGREEMENT By executing this affidavit, the undersigned contractor verifies its compliance with O.C.G.A. § 13-10-91, stating affirmatively that the individual, firm, or corporation which is engaged in the physical performance of services on behalf of the City of Milton, Georgia has registered with, is authorized to use and uses the federal work authorization program commonly known as E-Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91. Furthermore, the undersigned contractor will continue to use the federal work authorization program throughout the contract period and the undersigned contractor will contract for the physical performance of services in satisfaction of such contract only with subcontractors who present an affidavit to the contractor with the information required by O.C.G.A. § 13-10-91(b). Contractor hereby attests that its federal work authorization user identification number and date of authorization are as follows: _________________________________ Federal Work Authorization User Identification Number _________________________________ Date of Authorization KCI Technologies, Inc. Name of Contractor Local Road Safety Plan 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: _________________________________ Georgia Gwinnett Erick Fry / Vice President 8 October 21 April 4, 2008 113742 October 8 21 GADuluth January 1, 2024 99 Section 6, Item C. EXHIBIT “E” STATE OF _____________ COUNTY OF ___________ SUBCONTRACTOR AFFIDAVIT By executing this affidavit, the undersigned subcontractor verifies its compliance with O.C.G.A. § 13-10- 91, stating affirmatively that the individual, firm or corporation which is engaged in the physical performance of services under a contract with KCI Technologies, 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 Local Road Safety Plan 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 Florida Miami-Dade Media Relations Group, LLC Alicia Gonzalez / President October 11, 2021 October 11, 21 Miami FL 20-0118620 11th October 21 [NOTARY SEAL] My Commission Expires: March 29, 2025 ________ 100 Section 6, Item C. EXHIBIT “F” See “Project Staffing” component of Exhibit B. 101 Section 6, Item C. CITY COUNCIL AGENDA ITEM TO: City Council DATE: October 12, 2021 FROM: Steven Krokoff, City Manager AGENDA ITEM: Approval of Subdivision Plats and Revisions MEETING DATE: Monday, October 18, 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: __________ October 18, 2021 X X X 102 Section 6, Item D. To: Honorable Mayor and City Council Members From: Robert Buscemi, Community Development Director Date: Submitted on October 12, 2021 for the October 18, 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 (combination plat) for Lot 273 containing 1.17 acres & Lot 274 containing 1.52 acres of Phase 2E2 of The Manor totals 2.69 acres. The purpose of this plat is to combine Lots 273 & 274 into one single residential lot. 2. The Minor Plat for The Meadows Parkside (Large Lot) described herein consists of 16.83 acres located on Freemanville Rd to be subdivided into 5 tracts. This plat proposes five (5) large lots ranging in size from 3.06 acres – 4.41 acres. Funding and Fiscal Impact: None. Alternatives: Do not approve. Legal Review: None – not required. 103 Section 6, Item D. Consent Agenda Plats Staff Memo Page 2 of 8 Concurrent Review: Steven Krokoff, City Manager Attachment(s): Plat List, Location Map, Plats Name of Development / Location Action Comments / # lots Total Acres Density 1. Lots 273 & 274 of Phase 2E2 of The Manor 16047 & 16059 Manor Club Dr. LL 368 Dist. 2 Sect. 2 Minor Plat Combine Lots 273 & 274 into one single residential lot 2.69 Acres 0.74 Lots / Acre 2. The Meadows Parkside (Large Lot) 14945 Freemanville Rd. LL 599 & 600 Dist. 2 Sect. 2 Minor Plat Create five (5) large lots ranging in size from 3.06 acres – 4.41 acres 16.83 Acres 0.29 Lots / Acre 104 Section 6, Item D. Consent Agenda Plats Staff Memo Page 3 of 8 Lots 273 & 274 - Phase 2E2 of The Manor 105 Section 6, Item D. Consent Agenda Plats Staff Memo Page 4 of 8 Lots 273 & 274 - Phase 2E2 of The Manor 106 Section 6, Item D. Consent Agenda Plats Staff Memo Page 5 of 8 Lots 273 & 274 - Phase 2E2 of The Manor 107 Section 6, Item D. Consent Agenda Plats Staff Memo Page 6 of 8 The Meadows Parkside 108 Section 6, Item D. Consent Agenda Plats Staff Memo Page 7 of 8 The Meadows Parkside 109 Section 6, Item D. Consent Agenda Plats Staff Memo Page 8 of 8 The Meadows Parkside 110 Section 6, Item D. CITY COUNCIL AGENDA ITEM TO: City Council DATE: October 12, 2021 FROM: Steven Krokoff, City Manager AGENDA ITEM: Proclamation recognizing 2021 National Breast Cancer Awareness Month MEETING DATE: Monday, October 18, 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 October 18, 2021 X X 111 Section 7, Item A. 2021 National Breast Cancer Awareness Month WHEREAS, October is National Breast Cancer Awareness Month; and WHEREAS, breast cancer is the second most common cancer among women after skin cancer, accounting for about 30% of newly diagnosed cancers; and WHEREAS, approximately one in eight women will be diagnosed with breast cancer at some point in their life; and WHEREAS, over 280,00 women in the U.S. will be diagnosed with invasive breast cancer in 2021, with nearly 50,000 more having non-invasive breast cancer; and WHEREAS, the death rate for breast cancer for women in America is higher than any other cancer except for lung cancer, with about 43,600 projected to die from it this year alone; and WHEREAS, early detection can be critical, with those found to have an early, localized stage of breast cancer having a 99% five-year relative survival rate; and WHEREAS, monthly self-exams, including awareness of breasts’ altered appearance, discharge, pain, or cysts can be tell-tale signs; and WHEREAS, women should have annual mammograms and talk to a doctor about breast cancer whether or not they notice abnormalities, or if they have a family history of breast cancer; and WHEREAS, many lives can be saved through widespread awareness, education and screening programs. NOW, THEREFORE, we, the Mayor and City Council of the City of Milton, Georgia hereby dedicate and proclaim October as NATIONAL BREAST CANCER AWARENESS MONTH in the City of Milton and call this observance to the attention of all our citizens. Given under our hand and seal of the City of Milton, Georgia on this 18th day of October 2021. ________________________________ Joe Lockwood, Mayor 112 Section 7, Item A. CITY COUNCIL AGENDA ITEM TO: City Council DATE: October 12, 2021 FROM: Steven Krokoff, City Manager AGENDA ITEM: Consideration of an Ordinance to Amend Chapter 4 (Alcoholic Beverages) and Appendix A of the Milton Code of Ordinances to Update Various Sections to Clarify Requirements for Alcohol Beverage Licensing in the City of Milton (First Presentation on October 4, 2021) (Unfinished Business on October 18, 2021) MEETING DATE: Monday, October 18, 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: __________ October 18, 2021 X X X X 113 Section 11, Item A. To: Honorable Mayor and City Council Members From: Bernadette Harvill, Assistant City Manager Date: Submitted on October 14, 2021 for Unfinished Business on the October 18, 2021 Regular City Council Meeting Agenda Item: Consideration of an Ordinance to Amend Chapter 4 (Alcoholic Beverages) and Appendix A of the Milton Code of Ordinances to Update Various Sections to Clarify Requirements for Alcohol Beverage Licensing in the City of Milton. _____________________________________________________________________________________ Department Recommendation: Approval. Executive Summary: On September 20, 2021, staff presented recommended updates to chapter 4 (alcoholic beverages) to City Council. The enclosed edits reflect amendments that align with the guidance provided by Council at that meeting. These edits represent phase 1 of the update process; phase 2 will address Council feedback on consumption on-premises in establishments that do not qualify as eating establishments (50/50). A moratorium on these types of establishments has been requested while staff works to determine the best method of implementing Council’s vision for these types of establishments. The changes include (please note, there are no material changes from the First Presentation item approved by Council on October 4, 2021; any consistency or clarification edits which have been included are indicated with an underlined font below): Definition clarifications, additions, and removals: o Alcoholic beverage caterer Clarifying that both on-premises and off-premises retailers that are properly licensed are eligible to be alcoholic beverage caterers. The edits also include the addition of public functions on private property and city sponsored events o Ancillary tasting license Clarifying that hybrid and manufacturer license holders are eligible for ancillary tasting licenses in addition to retail package license holders o Brewpub Clarifying that this type of establishment must qualify as a brewer and an eating establishment o Bring your own beverage (BYOB) 114 Section 11, Item A. Clarifying that only standard consumption on-premises license holders and establishments that do not hold any alcoholic beverage license are eligible for a BYOB license o City food market Removal of this term – to be addressed in phase 2 of the chapter 4 edits o Courtyard market Removal of this term – to be addressed in phase 2 of the chapter 4 edits o Events facility Clarification that the term is synonymous with “special event facility” that is utilized throughout the ordinance as well as the addition of the conditional use permit category that was in place prior to the creation of the rural or agricultural event facility conditional use permit in chapter 64 o Farm winery Clarification that farm wineries must be in compliance with chapter 64 to ensure that applicants and staff are aware of this step prior to the issuance of an alcoholic beverage license o Flight tasting Creating a definition for flight tasting as it is referred to elsewhere in the ordinance o Food hall/food hall café Removal of this term – to be addressed in phase 2 of the chapter 4 edits o Free-standing vendor Edit the definition to allow these vendors to operate at permitted special event or city sponsored event only o Grocery store Adding a definition for this term as it appears elsewhere in the ordinance o Micro-brewery/micro-distillery Removing the work tasting room to create consistency throughout the rest of the ordinance. Tasting room will refer to a farm winery only, while tap room will be associated with a brewery or distillery o Senior living facility Addition of a definition for this term as it will be added in the staff recommendations for standard consumption on-premises eligible establishments Clarification of language to specify qualifying types of establishments o Tap-room Addition of a definition for this term as it is referenced elsewhere in the ordinance o Tasting room Addition of language requiring the tasting room to be located at least 100 yards from any adjacent residential property lines and no larger than 2,500 square feet in size Edits to specific code sections o Sec. 4-12 Remove the exception for sales by the package by anyone other than a holder of a retail package license at special and temporary events as it is not consistent with Council or staff intent 115 Section 11, Item A. o Sec. 4-36 Addition of a section to bring back the advertising requirements for new alcoholic beverage license applications o Sec. 4-70(a) Removal of the language referring to BYOB prohibition as this is inherent in the requirements for a BYOB (staff felt that the mention in some places and not others may be misleading). See Sec. 4-77 for additional deletions of similar language for other license types. Removal of the term city food market as this has been stricken from the ordinance to be addressed in phase 2 of the chapter 4 edits o Sec 4-70(b)(1) Clarification of what types of establishments qualify for a standard consumption on-premises license. Any other consumption on- premises establishments will be addressed in phase 2 of the chapter 4 edits Addition of limited food service restaurants and the term full service restaurant to create consistency throughout the ordinance o Sec. 4-70(b)(2) Clarification to the BYOB license for establishments with no pre- existing alcohol beverage license with reference to Sec. 4-88 for additional provisions (BYOB was listed several times in the ordinance and these edits as well as others later in the document will combine the sections into one area. Please also see Sec. 4-77 & Sec. 4-156 for additional revisions related to this edit) Removal of the reference to Courtyard market license as this has been stricken from the ordinance to be addressed in phase 2 of the chapter 4 edits Removal of reference to prior license types to be consistent with other edits to Sec. 4-70(b)(1) o Sec. 4-70(e) Clarification of the alcoholic beverage catering license section to coincide with the definition (also see Sec. 4-87) Clarification to the BYOB license for establishments with an existing standard consumption on-premises license with reference to Sec. 4-88 for additional provisions (BYOB was listed several times in the ordinance and these edits as well as others later in the document will combine the sections into one area) Change the word deliver to transport to create clarification recommended by legal (also see Sec. 4-87), add the word license to Sec. 4-70(e)(4) for consistency, clarify qualifying establishments for ancillary tasting permits to be consistent with other edits, and update the prerequisite table to be consistent with the content outlined throughout this section o Sec. 4-72 Clarification of who is eligible for a special event alcohol permit to coincide with other references throughout the ordinance Remove repetitive text o Sec. 4-77 Removal of the reference to a courtyard market license Removal of a sports complex as a qualifying establishment for a special events facility license as it contradicts the definition of special event facility o Sec. 4-84 116 Section 11, Item A. Addition of language that the holder of a hybrid license will receive an ancillary tasting license at no additional cost (this will still be a separate license revokable according to the rules of chapter 4, but the applicant will not have to pay the annual $100 fee) o Sec. 4-85 Addition of language to clarify that consumption on-premises can only occur inside or adjacent to the tasting room no to extend beyond 20 feet from the approved tasting room in any direction Addition of language that the holder of a hybrid license will receive an ancillary tasting license at no additional cost (this will still be a separate license revokable according to the rules of chapter 4, but the applicant will not have to pay the annual $100 fee) Removal of language referring to wedding or dining facilities and multiple licenses. Updates to the approved hours according to Council direction Addition of language in the hours section to clarify that the winery operation hours do not apply to harvesting, production, or manufacturing. o Sec. 4-86 Clarification that a separate Sunday sales license will be required for on-premises sales and off-premises sales. o Sec. 4-88 Updating hours for BYOB to clarify between a standard consumption on-premises establishment and one that does not hold any other alcohol beverage license Restricting BYOB to only these types of establishments Removing any reference to distilled spirits/allowing only beer and/or wine o Sec. 4-90 Clarify that a restaurant package sale license is a limited quantity add-on license and desire to sell more than one bottle and/or package will require the establishment to apply for a retail package license o Sec. 4-92 Remove the prohibition for sales in an establishment that also sells liquor by the package o Sec. 4-93 Clarification of allowed activities and distinction between what is allowed at a package store versus a manufacturer or hybrid license holder Distilled spirits only allowed at a distillery or micro-distillery Limits to quantities and types of alcohol to be sampled during a calendar day o Sec. 4-102 Addition of a section explaining requirements and prohibitions for liquor selling establishments o Sec. 4-125 Clarification of allowed hours of operation for each type of establishment o Sec. 4-152 Clarification that the provision for alcohol consumption outside of a retail package store has exceptions within the open container areas in the city’s “special districts” 117 Section 11, Item A. o Sec. 4-153 Removal of the requirement to apply separately for patio sales as this will be handled through the building permit and fire inspection processes Edits to Appendix A o Update craft beer and/or wine market license to reflect changes voted into law on September 20, 2021. o Remove edits to the manufacturing license fees to allow time to do additional comparisons to surrounding jurisdictions to be included in Phase 2 edits (staff is finding significant variances regarding fees for this license type and would like to review further) o Update the special event alcohol permit fees to create consistency with the catered event alcohol permit fees Funding and Fiscal Impact: The changes proposed should not impact revenues significantly as they are mainly clarifications to the intent not the costs associated with alcohol licensing with exception to the changes related to special event permitting which will bring those permit fees in line with the existing catered event permitting fees. Alternatives: Leave the ordinance as is or other Council directed action. Legal Review: Katie Taylor, Jarrard & Davis – September 28, 2021 Concurrent Review: Steve Krokoff, City Manager Attachment(s): Exhibit A: Chapter 4 – Redlined Copy Exhibit B: Appendix A – Redlined Copy 118 Section 11, Item A. Chapter 4 ‐ ALCOHOLIC BEVERAGES[1] Footnotes: ‐‐‐ (1) ‐‐‐ Editor's note— Ord. No. 20-12-462 , § 1(Exh. A), adopted Dec. 21, 2020, amended the Code by repealing ch. 4 in its entirety and enacting new provisions to read as herein set out. Former ch. 4, §§ 4- 1—4-4, 4-10—4-16, 4-20—4-25, 4-30—4-35, 4-40—4-43, 4-50—4-52, 4-60—4-64, 4-70, 4-71, 4-75—4- 85, 4-90—4-94, 4-100—4-102, 4-105—4-113, 4-120—4-122, 4-130—4-138, 4-140—4-143, 4-150—4- 153, 4-160—4-166, 4-170—4-174, 4-180—4-182, pertained to similar subject matter, and derived from Ord. No. 20-07-438 , § 1, adopted July 20, 2020; Ord. No. 20-09-453 , § 1, adopted Sept. 21, 2020; and Ord. No. 20-10-455 , § 1, adopted Oct. 5, 2020. See the Code Comparative Table for complete derivation. State Law reference— Constitutional grant of home rule powers, Ga. Const. art. IX, § II; statutory grant of home rule powers, O.C.G.A. § 36-35-1 et seq.; Georgia Alcoholic Beverage Code, O.C.G.A. § 3-1-1 et seq.; regulation of alcoholic beverages generally, O.C.G.A. § 3-3-1 et seq.; authority of local authorities to license and regulate alcoholic beverage sales, O.C.G.A. § 3-3-2; local regulation of sales on Sundays, O.C.G.A. § 3-3-7; prohibited acts on licensed premises, O.C.G.A. § 3-3-40 et seq.; malt beverages, O.C.G.A. § 3-5-1 et seq.; wine, O.C.G.A. § 3-6-1 et seq.; local licensing requirements for sale of malt beverages, O.C.G.A. § 3-5-40 et seq.; requirements for sale of wine, O.C.G.A. § 3-6-40; 3-4-49, 3-4-50, 3-4-80 et seq., 3-5-80 et seq., 3-6-60, 3-7-40 et seq.; Georgia Department of Revenue Regulations, Ga. Comp. R. & Reg. § 560-2-1 et seq. ARTICLE I. ‐ IN GENERAL Sec. 4‐1. ‐ Purposes. (a) Purposes. This chapter is adopted as part of a comprehensive plan designed for the purposes, among others, of: (1) Promoting the health and general welfare of the community; (2)Establishing reasonable and ascertainable standards for the regulation and control of the licensing and sales of alcoholic beverages; (3)Protecting and preserving schools and churches; and (4)Giving effect to land use and preserving certain residential areas, with reasonable consideration being given to, among other factors, the character of the areas and their peculiar suitability for particular uses, the congestion in the roads and streets, and the promotion of desirable living conditions and sustained stability of neighborhoods and property values. (b)Because the purposes of this chapter are not advanced when alcoholic beverages are provided to the general public under an appearance that such alcoholic beverages are not being sold but are being given away as part of a business operation or other activity, any person providing alcoholic beverages to the general public, whether for sale or otherwise, must be licensed by the city. ( Ord. No. 20-12-462 , § 1(Exh. A), 12-21-2020) Sec. 4‐2. ‐ Definitions. (a) Unless a contrary intention is clearly apparent from the context, any term used in this chapter shall have the same meaning as when used in a comparable provision of the Georgia Alcoholic Beverage Code (O.C.G.A. § 3-1-1 et seq., as amended) or the Georgia Department of Revenue Regulations (Ga. Comp. R. & Reg. § 560-2-1 et seq, as amended). Any terms used in this chapter not specifically Exhibit A 119 Section 11, Item A. defined herein shall be defined as set forth by state law or the Department of Revenue Regulations. Any use not expressly prohibited herein and allowed by state law and the Department of Revenue Regulations shall be allowed. To the extent that any definition herein is in conflict with definitions set forth in state law or the Georgia Department of Revenue Regulations, the state law and Department of Revenue terms, as amended, shall govern. (b) As used in this chapter, the singular and the plural shall each include the other, the masculine and feminine shall each include the other, and any verb tense may include any other verb tense. (c) As used in this chapter the term "may" is permissive and the term "shall" is mandatory. (d) The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Adult entertainment and adult entertainment establishment shall have the same meanings as set forth in section 64-1. adult entertainment establishments are prohibited from holding an alcoholic beverage license in the city. Alcohol means ethyl alcohol, hydrated oxide of ethyl, or spirits of wine, from whatever source or by whatever process produced. Alcoholic consumable means any product intended for human consumption that contains any measurable amount of alcohol as defined in this section, regardless of whether such consumable is in liquid or solid form. Alcohol consumables will be regulated by the city and shall be deemed to be included in any reference to any type of alcoholic beverage. Alcoholic beverage means and includes all alcohol, beer, wine, or liquor intended for human consumption. Any reference to alcoholic beverage in this chapter shall be deemed to include alcoholic consumables, regardless of whether such consumables are in liquid or solid form. Alcoholic beverage caterer means any standard on-premises consumption retailer or properly licensed off-premises package retailer properly licensed to provide alcohol for consumption at private functions on private property, public functions on private property, at city sponsored events, at special events, or at special events facilities. Ancillary tasting license means a license that is available to the holder of a retail package license, hybrid license, or manufacturing license andthat allows for on-premises tastings under limited conditions as provided for in this chapter. Applicant means the person, partner, firm, or corporation, as owner, or other entity (individually or collectively) making the application for the alcohol license, whether compensated or not. The term "applicant" shall include a licensee agent. Assembly hall or events facility means a room or building typically accommodating the gathering of persons for deliberation, legislation, worship or entertainment, including but not limited, to trade shows and other similar activities, as well as some social events such as receptions, meetings, banquets, conventions, parties, catered events or similar gatherings. The facility must be available to public or private groups of persons for monetary consideration on a rental, fee, percentage or similar basis; be used primarily for special occasions including but not limited to, the events mentioned in this definition; be open to or attended by invited or selected guests or paying patrons; and the premises shall contain a minimum occupancy load of 200 persons for each show, event, reception or activity as permitted by the fire marshal. Establishments that operate as an "assembly hall" or "events facility" shall not provide adult entertainment, either regularly or occasionally; nor shall any such establishment operate as a bar or nightclub. Bar means an establishment whose primary business is the provision of alcoholic beverages and not the consumption of food. A place that derives 75 percent or more total annual gross revenue from the sale of alcoholic beverages for consumption on-premises and does not meet the definition of any other establishment qualified to hold a license under this chapter will be presumed to be a bar. Bars are specifically prohibited in the city. This provision does not preclude a business that otherwise qualifies as an eating establishment or restaurant from including the word "bar" in its name, provided that the name must also be indicative of food service, such as "Joe's Sports Bar & Grille". 120 Section 11, Item A. Barrel, with respect to a brewery, means a vessel that is used to age, condition, and/or ferment beer which is 31 gallons or such other size authorized by the U.S. Alcohol and Tobacco Tax and Trade Bureau ("TTB"). Barrel, with respect to a distillery, means a vessel that is used to age/condition/ferment distilled spirits; a standard unit of measure is 53 gallons. Beer or malt beverage means any alcoholic beverage obtained by the fermentation of any infusion or decoction of barley, malt, hops, or any other similar product, or any combination of such products in water, containing not more than 14 percent alcohol by volume and including ale, porter, brown, stout, lager beer, small beer, and strong beer. The term does not include sake, also known as Japanese rice wine, which shares a similar manufacturing process to beer but has a higher percent of alcohol by volume. The term "beer" is used interchangeably throughout this chapter with "malt beverage," and any reference to beer or malt beverage shall be deemed to include alcoholic consumables that contain beer or malt beverage alcohol. Brewer means a manufacturer of beer, malt beverage, cider and/or similar alcoholic beverages. Brewery means a domestic manufacturing facility for beer that is licensed by the state. Provided licenses are issued as required by the state and this chapter, a brewery is authorized to sell beer by the package or by the drink and to operate flight tastings on-premises of the brewery pursuant to state law. Brewpub means any restaurant brewer that also qualifies as an eating establishment in which beer, wine and/or liquor are licensed to be sold for consumption on-premises and in which beer is manufactured or brewed, subject to the barrel production limitation prescribed in state law for retail consumption in and on premises. Bring your own beverage (BYOB) license means a license issued for any place of business open to the public or any private club that allows guests, patrons or members to bring their own beer and/or wine onto the premises for the guests' consumption. A BYOB license may be issued to establishments that hold a standard consumption on-premises licenses as well as to approved establishments that are not licensed to sell or serve alcoholic beverages. Building code means and includes all building, plumbing and electrical codes and any similar technical code of the city. Building official means the building official of the city as such position presently exists, or by whatever name the position may be designated in the future. The term building official will also be deemed to include any designee of the building official. Chief of police means the chief of police of the city as such position presently exists, or by whatever name the position may be designated in the future. The term chief of police will also be deemed to include any designee of the chief of police. City means the City of Milton, and when used in a geographical sense, means the territorial limits of the City of Milton. City food market means a retail market which (a) does not sell or offer for sale any of the following: gasoline, diesel fuel, tires, liquor, tobacco products, lottery tickets, or related games of chance or beer by the keg; (b) does not provide for the on-premises use of coin operated amusements; (c) at all times that it is open to the public, maintains an inventory of saleable food products, including meat, dairy, vegetable, fruit, dry goods, and beverages, with a minimum cumulative cost of goods sold of such food products of at least $125,000.00; (d) has an interior floor area of at least 4,500 square feet and not more than 20,000 square feet, of which more than 50 percent of such interior floor area is devoted to the display for sale of non-alcoholic beverage products; (e) employs not less than four individuals who work at least 35 hours per week on the premises, and (f) derives less than 20 percent of its gross receipts from the sale of beer and/or wine. City manager means the city manager as such position presently exists, or by whatever name the position may be designated in the future. The term city manager will also be deemed to include any designee of the city manager. 121 Section 11, Item A. College means only those state, county, city, church, or other higher education institutions that teach the subjects commonly taught in the common colleges of this state and shall not include private colleges where only specialized subjects such as law, stenography, business, music, art, medicine, dentistry, vocational occupations, and other special subjects are taught. Conviction means adjudication of guilt, plea of guilty, plea of nolo contendere or the forfeiture of a bond when charged with a crime, but shall not include a discharge under provisions of the State of Georgia First Offender Act. County means Fulton County, Georgia, and, when used in a geographical sense, means the territorial limits of Fulton County, Georgia. Courtyard market means a commercial or retail center consisting of one or more structures on one or more contiguous tracts or parcels of land, having a minimum of at least ten acres and at least 400,000 square feet of structures and having a minimum of 40,000 square feet of retail uses and not less than 45,000 square feet of outdoor areas used for public and private events, entertainment, farmer's markets, exhibitions, performances, shows, events, concerts and community events occurring on plazas, lawns, parks, rooftops, and streets (when not open to vehicular traffic) and sidewalks that are in the dominion and physical control of the owner of the courtyard market, the owner's agent, or the owner's lessee. No adult entertainment shall be permitted in a courtyard market. Craft beer means a beer brewed by an independent brewer with annual production not exceeding 6,000,000 barrels. Craft beer and/or wine market means a retail establishment whose primary purpose must be one of the following: (1) the sale of craft beers and/or wine for consumption off-premises or (2) the sale of craft beers and/or wine for consumption off-premises in conjunction with the sale of prepared food and/or groceries. Sales of craft beers and wines may be for consumption on-premises and/or package (including growlers or crowlers). See section 4-91 for additional requirements. Distance means the distance requirements, as prescribed by state law, for the sale of alcoholic beverages and the manner in which distances are measured. Distilled spirits, liquor, or spirituous liquor means any alcoholic beverage obtained by distillation or containing more than 24 percent alcohol by volume, including, but not limited to, all fortified wines. Any reference to distilled spirits, liquor, or spirituous liquor shall be deemed to include alcoholic consumables that contain distilled spirits or spirituous liquor. The terms distilled spirits, liquor, or spirituous liquor, when used in this chapter, shall all carry the same meaning. Distiller means a manufacturer of distilled spirits. Distillery means a domestic manufacturing facility for distilled spirits that is licensed by the state. Provided that licenses are issued as required by this chapter, a distiller/distillery is authorized to sell distilled spirits by the package, by the drink and to operate flight tastings on-premises of the distillery as provided for and subject to the limitations of state law. Domestic wine means any and all wines produced by a farm winery within this state. Throughout this chapter, any reference to wine shall be deemed to include alcoholic consumables that contain wine. Eating establishment shall have the same meaning as set forth by state law (O.C.G.A. § 3-3-7). An eating establishment may be licensed to sell beer, wine and/or liquor but must derive a minimum of 50 percent of its total annual gross food and beverage sales from the sale of prepared meals or food as required by state law. For brewpubs or other eating establishments that also sell beer and wine by the package, neither barrels of beer sold to licensed wholesalers pursuant to state law, package sales of beer and/or wine shall be used when determining the total annual gross food and beverage sales. Entertainment or live entertainment means music, comedy, readings, dancing, acting, organized fighting, or other entertainment, excluding adult entertainment, performed on the premises of a licensed establishment. This classification includes dancing by patrons to live or recorded music. Events facility or Special events facility shall have the same meaning as "assembly hall", or "rural or agricultural event facility", or “festivals or events, outdoor/indoor facility” as set forth in chapter 64section 122 Section 11, Item A. 64-1. Any establishment licensed as an events facility shall not provide adult entertainment either regularly or occasionally; nor shall any such establishment operate as a bar or nightclub. Farm winery or Georgia Farm Winery shall have the same meaning as set forth by state law. Provided that a license is issued as required by the state and under this chapter, a farm winery licensed by the city, and in compliance with all provisions of chapter 64, is authorized to sell Georgia wine at its premises by the package or for consumption on-premises as authorized by Georgia law. Fire marshal means the fire marshall of the city, as such position presently exists, or by whatever name the position may be designated in the future. The term fire marshal will also be deemed to include any designee of the fire marshall. Fixed salary means the amount of compensation paid to any member, officer, agent, or employee of a bona fide private club as may be fixed by its members out of the general revenue of the club and shall not include a commission on any profits from the sale of alcoholic beverages. For the purpose of this definition, tips or gratuities which are added to the bills under club regulations shall not be considered as profits from the sale of alcoholic beverages. Flight tasting means a single service of alcoholic beverages manufactured on the premises from which the consumer can sample for taste the products available from the manufacturer. Tastings shall not exceed two ounces per sample of beer/wine or one-half ounce of liquor, and no patron shall consume more than eight ounces of beer/wine or two ounces of liquor during a calendar day. No patron shall consume more than one type of alcohol at a tasting during a calendar day. Food caterer means any person that prepares food for consumption off the food caterer's premises. Food hall means a retail area that contains more than two food hall cafes, where a minimum of 65 percent of the area is dedicated to food hall cafes that provide prepared meals for consumption on the premises during the entire time that alcohol is sold and that share a common area with at least 40 seats at tables for the food hall café patrons collectively within a building, courtyard, or other contiguous space. Food hall café means a food and/or beverage vendor located within a food hall. A food hall café licensed under this chapter for on-premises consumption of alcohol may enter into an agreement with one or more food vendors within the same food hall to satisfy the requirements of meal service and the alcohol/food sales ratio required to be deemed an eating establishment. However, any food sales utilized by one establishment to meet the ratio cannot be used by another establishment for the same purpose. In order to qualify, any utilized food vendors must be (a) located in the same food hall as the licensed establishment; (b) generally incorporated into the operation of the licensed establishment; and (c) available, open, and prepared to serve food every hour that alcoholic beverages are offered for sale from any portion of the premises. Fortified wine means any alcoholic beverage containing more than 24 percent alcohol by volume made from fruits, berries, or grapes, either by natural fermentation or by natural fermentation with brandy added. "Fortified wine" includes, but is not limited to, brandy. Any reference to fortified wine in this chapter shall be deemed to include alcoholic consumables that contain fortified wine. For purposes of regulations contained in this chapter, fortified wine shall be deemed a distilled spirit. Free-standing vendor means any person that is permitted to sell alcoholic beverages from a cart, kiosk, or temporary structure for retail sales within an open container area or at a licensed permitted special event or city sponsored event. Full-service kitchen means a kitchen that consists of a commercial sink, a permanently installed stove, grill or other similar heating device that adequately and completely cooks prepared meals, and a refrigerator. Said kitchen must be approved by the county health department and city fire marshal. Golf course means a golf facility consisting of a clubhouse or a professional golf shop and a regulation or executive length golf course of at least nine holes, as recognized by the United States Golf Association, the Professional Golfers Association of America, and the Georgia State Golf Association. The term "golf course" does not include miniature golf. 123 Section 11, Item A. Groceries or grocery means saleable food products including meats, dairy, vegetables, fruit, dry good, and non-alcoholic beverages. Grocery store means a retail establishment which has a total retail floor space of at least 10,000 square feet of which at least 85 percent is reserved for the sale of food and other nonalcoholic items, conducts all of its sales inside the building containing its retail floor space, and meets such other criteria as may be required by the local governing authority of the county or city. Growler or crowler means a glass, ceramic, or metal container not to exceed 64 ounces that is filled by a licensee or employee of a licensee with craft beer from a keg and securely sealed for off-premises consumption. Growler/crowler shop means a retail establishment that only sells craft beer or wine or wine-based beverages in growlers or crowlers for off-premises consumption and no other alcoholic beverages. Establishments licensed as growler/crowler shops are not authorized to sell liquor and may not sell beer or wine for consumption on premises. Growler/crowler shops shall be no larger than 2,500 square feet and have no more than 40 different beers available at any given time. Provided that all distance and zoning requirements are met, growler/crowler shops are eligible to apply for an ancillary tasting license. Hard cider means an alcoholic beverage obtained by the fermentation of the juice of apples, containing not more than six percent of alcohol by volume, including, but not limited to, flavored or carbonated cider. For purposes of this chapter, hard cider shall be deemed a beer. Hotel means any building or other structure in which boarding or lodging is provided for fewer than 30 days. Motels meeting the qualifications set out in this definition for hotels shall be classified in the same category as hotels. Incidental service license means an on-premises alcoholic beverage license for an establishment that does not sell food that was prepared on the premises and does not charge for any alcoholic beverage. An establishment that holds an incidental service license is limited to wine and beer; and is prohibited from allowing any individual to consume more than 16 ounces of wine or 24 ounces of beer on premises in a calendar day. The amount of money spent on alcoholic beverages by such establishment shall not exceed two percent of gross receipts (gross receipts shall have the same meaning as provided in chapter 12). Interest means any pecuniary interest and any ownership interest, whether present or future, whole or partial, legal or beneficial, contingent or vested, direct or indirect, and any right, power, or authority of control. License means the authorization by the governing authority of the city to engage in the sale, consumption, or provision of alcoholic beverages as provided in this chapter. Where required by context, the word "license" includes a permit issued for a specific event or activity. Licensee means a person, real or artificial, to whom a license is issued or, in the case of a partnership or corporation, the term includes both the partnership or the corporation and the individual designated by such legal entity to serve as its license representative. Licensee agent means an individual person designated by a partnership or corporation to act as its representative/applicant and on its behalf on all matters related to the alcohol license. A licensee agent must have sufficient involvement with the partnership or corporation to have supervisory authority over the day-to-day operations of the licensed premises. For the purposes of this chapter, any reference to the term applicant or licensee also includes the licensee agent. Limited food service restaurant means any establishment that meets all of the requirements of a restaurant but does not meet the requirements of an eating establishment. A limited food service restaurant must derive at least 30 percent of its total annual gross food and beverage sales from the sale of prepared meals or food. Limited tap license means an on-premises alcoholic beverage license for an establishment that does not sell food prepared on the premises and that provides a limited selection of craft beers on tap for 124 Section 11, Item A. consumption on premises only. An establishment with a limited tap license is limited to having five or fewer beer taps. Establishments with a limited tap license must limit consumption for any individual to a maximum of 48 ounces within a calendar day and must obtain approval from the fire marshal and building official in accordance with applicable codes. Liter means the metric measurement currently used by the United States. Liquor. For purposes of this chapter, the term liquor may be used interchangeably with the terms distilled spirits and spirituous liquor and will be deemed to have the same meaning. Live entertainment or entertainment means music, comedy, readings, dancing, acting, organized fighting, or other entertainment, excluding adult entertainment, performed on the premises of a licensed establishment. This classification includes dancing by patrons to live or recorded music. Major shareholder means a person that owns or controls a 20 percent or more interest in a business establishment. Malt beverage means any alcoholic beverage obtained by the fermentation of any infusion or decoction of barley, malt, hops, or any other similar product or any combination of such products in water, containing not more than 14 percent alcohol by volume and including ale, porter, brown, stout, lager beer, small beer, and strong beer. The term does not include sake, also known as Japanese rice wine, which shares a similar manufacturing process to beer and malt beverages but which typically has more than 14 percent of alcohol by volume. The term malt beverage is used interchangeably with beer. Throughout this chapter, any reference to malt beverage shall be deemed to include beer and/or alcoholic consumables that contain malt beverages. Manufacturer means any maker, producer, or bottler of an alcoholic beverage. The term "manufacturer" also means: (1) In the case of distilled spirits or liquor, any person engaged in distilling, rectifying, or blending any distilled spirits; provided that a vintner that blends wine and distilled spirits to produce a fortified wine shall not be considered a manufacturer of distilled spirits or liquor; but will be considered a vintner; (2) In the case of beer, any brewer; and (3) In the case of wine, any vintner. Micro-brewery means a small-scale establishment in which not more than 15,000 barrels of craft beer are manufactured or brewed in a calendar year. Microbreweries sell to the public through wholesalers or directly to the consumer through carry-out package and/or on-site tap -room or tasting room sales. Microbreweries must comply with state law restrictions related to the quantities of alcoholic beverages that may be sold directly to the consumer at retail. Micro-distillery means a small-scale establishment in which not more than 15,000 barrels of distilled spirits are manufactured in a calendar year. Micro-distilleries sell to the public through wholesalers or directly to the consumer through carry-out package and/or on-site tasting tap room sales. Micro-distilleries must comply with state law restrictions related to the quantities of alcoholic beverages that may be sold directly to the consumer at retail. Nightclub means an establishment whose primary business is the provision of alcoholic beverages and live entertainment or patron dancing and not the consumption of food. A place that derives 75 percent or more of its total annual gross revenue from the sale of alcoholic beverages for consumption on-premises and cover charges or entry fees and does not meet the definition of any other establishment qualified to hold a license under this chapter will be presumed to be a nightclub. Nightclubs are prohibited in the city. Nonprofit civic organization means an organization which is an exempt organization under Section 501(c) or (d) of the Internal Revenue Code of 1986, as amended. Off-premises beer/wine retailer or store means any person that sells or provides beer and/or wine to the public in unbroken packages or in growlers or crowlers, not for consumption on-premises and not for resale. 125 Section 11, Item A. Off-premises distilled spirits retailer or store means any person that sells or provides to the public distilled spirits in unbroken packages, not for consumption on-premises and not for resale. On-premises consumption retailer means any person that sells or provides to the public alcoholic beverages for consumption on-premises, only to consumers and not for resale. Open container area means a specified area adjacent to and designated for common use by multiple eating establishments, food vendors or restaurants for their patrons. Unless otherwise provided, open container areas are restricted to the city's special districts and allow for limited outside consumption of alcoholic beverages. Outdoor dining area means an outdoor dining space in which an on-premises licensee serves food and beverages as part of the operation of the licensed premises. Except as otherwise provided, the outdoor dining area must be located immediately adjacent to the licensed premises. An outdoor dining area may include a patio, city approved sidewalk seating, or a designated dining area within the exclusive control of the licensee, and may be separated from the licensee's premises, if at all, only by a sidewalk. No part of an outdoor dining area shall be located within any public right-of-way without permission of the city. Package means a bottle, can, keg, barrel, or other original consumer container. The term "retail package alcoholic beverages" includes all alcoholic beverages in their original containers or in a growler or crowler and sold at retail to the final consumer and not for resale. Park means any public lands owned, controlled, or operated by the city, the state, or any county of the state, in and upon which play facilities are provided for the recreation and enjoyment of the general public. Person means any individual, firm, partnership, cooperative, nonprofit membership corporation, joint venture, association, company, corporation, agency, syndicate, estate, trust, business trust, receiver, fiduciary, legal entity, or other group or combination acting as a unit, body politic, or political subdivision, whether public, private or quasi-public. Police department means the chief of police and any police officers. Premises means the definite, closed, or partitioned-in location (whether room, shop, or building) wherein alcoholic beverages are sold, provided, or consumed pursuant to this chapter and in accordance with state law. Premises also includes any area (such as a sidewalk café, outdoor dining area, courtyard, or patio) immediately adjacent to the main licensed facility and located on property owned or leased by such licensee. Private club means any nonprofit association organized and existing under state law and exempt from federal income taxes pursuant to section 501(c) of the Internal Revenue Code, as amended, and which: (1) Has been in existence for at least one year prior to the filing of the application for a license pursuant to this chapter; (2) Has at least 75 regular dues-paying members; (3) Owns, hires, or leases a building or space within a building for the reasonable use of its members with: a. A suitable kitchen and dining room space and equipment; and b. A sufficient number of employees for cooking, preparing and serving meals for its members and guests; (4) Has no member, officer, agent, or employee directly or indirectly receiving, in the form of salary or other compensation, any profits from the sale of alcoholic beverages beyond a fixed salary. Registered agent means a natural person age 21 years or older and residing in Fulton County, or any county that borders Fulton County, who is designated by a licensed establishment to receive service of process on its behalf. Notice or demand required or permitted by law or under this chapter may be served upon the licensee, registered agent, or owner. 126 Section 11, Item A. Restaurant means any public place kept, used, maintained, advertised, and held out to the public as a place where meals are actually and regularly served to patrons, without sleeping accommodations, including a cafeteria, with such place being provided with an adequate and sanitary full service kitchen and dining room equipment, having employed therein a sufficient number and kind of employees to prepare, cook, and serve suitable food for its patrons. At least one meal per day shall be served at least six days per week, with the exception of holidays, vacations, and periods of redecorating, and the serving of those meals shall be a principal portion of the business conducted, with the serving of alcoholic beverages as only incidental thereto. The restaurant seating area must be at least 40 percent of the gross square footage of the restaurant facility. Seating space located outside of the main structure (i.e. patios, decks, etc.) shall not be included in calculating seating space. In order to be considered a "full service" restaurant, the business must also meet the requirements of an eating establishment. Senior living facility means a commercial establishment restricted to the housing and care of senior citizens. The facility must have a full-service kitchen and serve prepared meals daily. School, school building, or educational building for the purposes of determining distance requirements for the sale of alcoholic beverages shall mean a state, county, city, or church school building, or such buildings at such school in which are taught subjects commonly taught in the common schools and colleges of the state and which are public schools and private schools as defined in O.C.G.A. § 20-2-690(b). The term "school building" includes only those structures in which instruction is offered. Seller/server permit means an authorization granted to an individual by the city to cork, dispense, sell, serve, take orders, and/or mix alcoholic beverages in the city. Service area means the portion of an indoor recreational establishment located within the same building or structure and adjacent to an eating establishment, private club, or restaurant. To the extent that such eating establishment, private club, or restaurant holds an on-premises consumption alcoholic beverage license, the consumption of alcoholic beverages within the service area is permitted. Shopping center means a collection of multiple commercial establishments planned and developed as a unit for which common parking facilities are provided on the site. A shopping center shall also include a mall or strip center. Special district has the same meaning as provided in section 4-211107 of this chapter. Special event has the same meaning as provided in section 64-1. Special event alcohol permit means an alcoholic beverage permit issued for a specific location for a limited amount of time and a limited number of days. Specialty gift shop means any retail shop that deals in the sale of foods, specialty foods and gifts that derives not more than 15 percent of its gross sales from the sale of packaged gift baskets containing non- alcohol related items such as flowers, plants, food or similar items which also contain unbroken containers of beer and/or wine. To qualify for an off-premises alcohol license, a specialty shop must have an interior floor area of not more than 5,000 square feet (inclusive of storage), of which more than 60 percent of interior floor area is devoted to the display for sale of non-alcoholic beverages. A specialty gift shop may not offer check cashing services; maintain a drive-thru window; or maintain on the premises for sale any of the following: liquor, beers containing more than six percent alcohol by volume, gasoline, diesel fuel, tires, lottery tickets or related games of chance, or tobacco. Spirituous liquor. For purposes of this chapter, the term spirituous liquor may be used interchangeably with the terms distilled spirits and liquor and will be deemed to have the same meaning. Sports club means an association or corporation organized and existing under state law, organized and operated primarily to provide a location for the patrons thereof to engage in sporting events. (1) To qualify for an on-premises consumption retailer's license, a sports club must have been actively in operation within the city at least two years prior to an application for license under this chapter; provided, however, that the two-year operational requirement shall not apply to golf courses or golf club corporations where the selling or the serving of alcoholic beverages is to take place on the golf course premises. 127 Section 11, Item A. (2) A sports club organized or operated primarily for serving alcoholic beverages shall not qualify for licensing under this chapter and shall not be permitted to serve alcoholic beverages at any time. 3) Unless otherwise indicated, a sports club licensee shall comply with all other requirements imposed upon on-premises consumption retailers. Standard on-premises consumption retailer means any licensee holding a beer/wine/liquor consumption on-premises license or a beer/wine consumption on-premises license. Tap-room means a place on the premises of an establishment with a manufacturer license, where the beverages manufactured on-site are offered for sale for consumption on premises or flight tastings. Tasting room means an outlet for the promotion of wine produced by a Georgia Farm Winery by providing samples of such wine to the public and for the sale of such wine at retail for consumption on- premises and for sale in closed packages for consumption off-premises. Samples of wine may be given complimentary or for a fee. The tasting room must be located 100 yards from any adjacent residential property lines and no larger than 2,500 square feet in size. Tax means the tax imposed by the city upon any dealer in alcoholic beverages for each calendar month of the year. Temporary alcoholic beverage license means a license provided to an applicant that applies for an alcoholic beverage license, complies with the requirements set forth in this chapter, and who, in the city manager's discretion, appears to meet the criteria for receiving a license. Temporary licenses are intended to aid the applicant in opening for business within a short time after passing all required inspections. A temporary license is only valid for 90 days and may be revoked at any time. Underage person means an individual who is less than 21 years of age. Vendor means any establishment licensed to provide or sell alcoholic beverages at retail under this chapter. Wholesaler or wholesale dealer means any person that sells alcoholic beverages to other wholesale dealers, off-premises retail dealers, or on-premises consumption retailers. Wine or vinous beverage means any alcoholic beverage containing not more than 24 percent alcohol by volume made from fruits, berries, grapes, or honey either by natural fermentation or by natural fermentation with brandy added. These terms include, but are not limited to, all sparkling wines, champagnes, combinations of such beverages, vermouths, and special natural wines, rectified wines, other like products, and sake, which is an alcoholic beverage often manufactured through a process similar to that of beer but produced from rice and often containing greater than 14 percent alcohol by volume. These terms do not include cooking wine mixed with salt or other ingredients so as to render it unfit for human consumption as a beverage. A liquid shall first be deemed to be a wine at the point in the manufacturing process when it conforms to this definition. Throughout this chapter, any reference to wine shall be deemed to include alcoholic consumables that contain wine. Wine market shall have the same definition as set forth in the definition for craft beer and/or wine market. ( Ord. No. 20-12-462 , § 1(Exh. A), 12-21-2020) Sec. 4‐3. ‐ Jurisdiction. This chapter shall apply to the corporate limits of the city and outside the city limits in all territories to which the jurisdiction of the city extends. ( Ord. No. 20-12-462 , § 1(Exh. A), 12-21-2020) Sec. 4‐4. ‐ Severability. 128 Section 11, Item A. If any provision, clause, sentence or paragraph of this chapter, or the application thereof to any person or circumstances, shall be held invalid and unconstitutional, such invalidity shall not affect the other provisions or application of the provisions of this chapter which can be given effect without the invalid provisions or application and, to this end, the provisions of this chapter are hereby declared to be severable. ( Ord. No. 20-12-462 , § 1(Exh. A), 12-21-2020) Secs. 4‐5—4‐9. ‐ Reserved. ARTICLE II. ‐ LICENSING[2] Footnotes: ‐‐‐ (2) ‐‐‐ State Law reference— Powers of local governing authorities as to granting, refusing, suspension or revocation of licenses generally, O.C.G.A. § 3-3-2; display of license, O.C.G.A. § 3-3-3; local authorization and regulations for manufacture, distribution, and package sales of distilled spirits, sales near churches, schools, O.C.G.A. § 3-3-21; O.C.G.A. § 3-3-40 et seq.; maximum license fee for distilled spirits, O.C.G.A. § 3-4-48; local licenses for sale of distilled spirits by the drink, O.C.G.A. § 3-4-110; local license requirements and regulations for manufacture, distribution, and sale of beers, O.C.G.A. § 3-5-40 et seq.; municipal licenses for the sale of beers, O.C.G.A. § 3-5-42; restrictions on wholesale license fee, O.C.G.A. § 3-5-43; O.C.G.A. § 3-7-40; local licensing requirements for the sale of wine, O.C.G.A. § 3-6- 40; local authorization and regulation of the sale of alcoholic beverages in private clubs, O.C.G.A. § 3-7- 40 et seq.; false swearing, O.C.G.A. § 16-10-71. DIVISION 1. ‐ GENERALLY Sec. 4‐10. ‐ License is a privilege. (a) Granted by city council. Alcoholic beverages may be sold, provided or consumed to or by the public in the city under a license or permit granted by the city council or its designee upon the terms and conditions provided in this chapter. (b) Privilege. All licenses in this chapter shall be a mere grant of privilege to carry on the business during the term of the license, subject to all the terms and conditions imposed by this Code and state law. (c) Compliance with local, state and federal law required. Any holder of any alcoholic beverage license issued pursuant to this chapter is required to apply for and obtain an alcoholic beverage license from the state before any sales commence. Additionally, city licensees are required to display the license prominently at all times on the premises for which the license is issued and abide by all applicable local, state, and federal regulations and laws. ( Ord. No. 20-12-462 , § 1(Exh. A), 12-21-2020) Sec. 4‐11. ‐ License requirement; prohibitions for non‐licensed premises. (a) The manufacturing, distributing, and selling by wholesale or retail of alcoholic beverages shall not be conducted without a permit or license issued by the city. (b) It shall be prohibited for any person that performs or undertakes any type of operation or activity for which an occupation tax certificate is required to keep, possess, store, sell (at wholesale or retail), to provide to others, or to allow alcoholic beverages or consumables on the premises without appropriate, valid and current state and local licenses for such alcoholic beverages and/or consumables. This 129 Section 11, Item A. prohibition shall apply without regard to whether the alcoholic beverages or consumables are intended to be provided free of charge, as a part of any promotion by the owner of the premises or operator of the business, to be given as prizes in connection with any type of contests or raffles (which is prohibited under state law), or intended to be given as bonuses or inducements offered in connection with employment or the purchase of goods and/or services. (c) It shall be prohibited for any person to provide alcoholic beverages or consumables to the general public under the appearance that such alcoholic beverages or consumables are not being sold but are being given away. The sale to any member of the public of any ticket or the charging of any cover charge or fee, for admission to any event or premises where alcoholic beverages are available without further charge, as well as the sale of any ticket, stamp, token or similar item which may be redeemed or exchanged for alcoholic beverages or consumables is considered a "retail sale" of alcohol under this chapter and requires an alcoholic beverage license. (d) Any owner or tenant of a location or business, as well as any individual employed by such owner, tenant or business who is present at the time when alcoholic beverages or consumables are being provided by a non-licensed premises or location as described in this section, may be charged with violating the provisions of this chapter. ( Ord. No. 20-12-462 , § 1(Exh. A), 12-21-2020) Sec. 4‐12. ‐ Unlicensed sales or deliveries prohibited. (a) It shall be prohibited for any licensee under this chapter to make deliveries of any alcoholic beverage by the package beyond the boundaries of the premises covered by the license except as allowed by state law (O.C.G.A. § 3-3-10). Pursuant to O.C.G.A. § 3-3-10, any city-issued license that allows a retailer to sell alcoholic beverages in unbroken packages for consumption off the premises shall include the right to deliver malt beverages, wine, or liquor in unbroken packages lawfully sold to and purchased by an individual for personal use and not for resale, to the limited extent permitted by the provisions of O.C.G.A. § 3-3-10. Any violation of this provision may be enforced as an ordinance violation under this chapter, subject to the restrictions in O.C.G.A. § 3-3-10(h)(2). (b) It shall be prohibited for any licensee under this chapter to allow the sale or delivery of any alcoholic beverage by the drink to any area other than the premises covered by the license. (c) It shall be prohibited for unlicensed individuals to sell alcoholic beverages. (d) Sales by the package by anyone other than a holder of a retail package license are allowed only during special and temporary events approved pursuant to this chapter. ( Ord. No. 20-12-462 , § 1(Exh. A), 12-21-2020) Sec. 4‐13. ‐ Display of license required. The city alcoholic beverage license shall at all times be kept plainly exposed to view to the public at the licensed premises. ( Ord. No. 20-12-462 , § 1(Exh. A), 12-21-2020) Sec. 4‐14. ‐ Licensee and employees to be familiar with terms. Each alcoholic beverage dealer licensed under this chapter shall keep a copy of this chapter in the licensed premises and shall instruct any person working at the licensed premises with respect to the relevant terms of this chapter. Each licensee, the licensee's agents and employees selling alcoholic beverages shall at all times be familiar with the relevant terms of this chapter. 130 Section 11, Item A. ( Ord. No. 20-12-462 , § 1(Exh. A), 12-21-2020) Sec. 4‐15. ‐ Joint responsibility. Each partnership, corporation or entity shall be jointly responsible for the actions of its named licensee, its employees while acting in the scope of their employment, and the conduct of the licensed business. ( Ord. No. 20-12-462 , § 1(Exh. A), 12-21-2020) Sec. 4‐16. ‐ Effect on licenses held at time of adoption. All licensees holding a valid license for the manufacture, sale or provision of alcoholic beverages issued by the city at the time of the enactment of the ordinance from which this chapter derives shall be deemed to have complied with all requirements as to application and issuance of licenses under this chapter for the year of issuance. The licensees shall, however, meet all other requirements as to regulation and control as set forth in this chapter. ( Ord. No. 20-12-462 , § 1(Exh. A), 12-21-2020) Secs. 4‐17—4‐19. ‐ Reserved. DIVISION 2. ‐ QUALIFICATIONS Sec. 4‐20. ‐ Locations where permitted/prohibited. (a) No alcoholic beverages or consumables may be kept, possessed, stored, sold, provided, consumed, or allowed on the premises of an establishment licensed to conduct business in the city except at establishments holding an alcoholic beverage license under this chapter. (b) No person, entity or organization may provide alcoholic beverages or consumables to the general public, whether for sale or otherwise, without first obtaining an alcoholic beverage license under this chapter. (c) No license for alcoholic beverages shall be issued within the city for any establishment, event or location at which patrons are handling deadly weapons, including but not limited to, guns, knives, axes or arrows as a part of the business or event for which a permit is sought. ( Ord. No. 20-12-462 , § 1(Exh. A), 12-21-2020) Sec. 4‐21. ‐ Architectural and zoning standards. All premises for which an alcoholic beverage license is sought or has been issued shall comply with all state and/or city ordinance requirements regarding architectural and zoning standards. Failure to comply with said standards will subject the license to non-issuance, suspension or revocation. The city shall not be held responsible for licenses that are erroneously issued where architectural and zoning standards were not satisfied, and any fees paid by the licensee will be forfeited. ( Ord. No. 20-12-462 , § 1(Exh. A), 12-21-2020) Sec. 4‐22. ‐ Distance requirements. 131 Section 11, Item A. (a) No person knowingly and intentionally may sell or offer to sell: (1) Any liquor by the package in or within 100 yards of any church building or within 200 yards of any school building, educational building, school grounds, or college campus. (2) Any beer or wine by the package within 100 yards of any school building, school grounds, or college campus. This subparagraph shall not apply at any location for which a license has been issued prior to July 1, 1981, nor to the renewal of such license. Nor shall this subparagraph apply at any location for which a new license is applied for if the sale of beer or wine was lawful at such location at any time during the 12 months immediately preceding such application. Nothing in this subparagraph shall prohibit a grocery store licensed for the retail sale of only beer or wine for consumption off-premises from selling beer or wine within 100 yards of any school building, school grounds, or college campus, where so permitted by resolution or ordinance of the county or city. As used in this subparagraph, the term "grocery store" means a retail establishment which has a total retail floor space of at least 10,000 square feet of which at least 85 percent is reserved for the sale of food and other nonalcoholic items, conducts all of its sales inside the building containing its retail floor space, and meets such other criteria as may be required by the local governing authority of the county or city. (3) Any beer, wine, or liquor by the package within 100 yards of an alcoholic treatment center owned and operated by this state or any county or city government therein. This paragraph shall not apply to any business having a license in effect on July 1, 1981. As used in this subsection, the term "school building" or "educational building" shall apply only to state, county, city, or church school buildings and to such buildings at such other schools in which are taught subjects commonly taught in the common schools and colleges of this state and which are public schools or private schools as defined under state law. (b) Nothing contained in this section shall prohibit the licensing of the sale or distribution of alcoholic beverages for on-premises consumption by: (1) Hotels of 50 rooms or more which have been in continuous operation for a period of at least five years preceding July 1, 1981; (2) Bona fide private clubs, subject to licensing under this chapter; and (3) Licensees for the retail sale of alcoholic beverages for consumption on-premises only. (c) For purposes of this section, distances shall be measured by the most direct route of travel on the ground. (d) As used in this subsection, the term "housing authority property" means any property containing 300 housing units or fewer owned or operated by a housing authority created by Article 1 of Chapter 3 of Title 8, the "Housing Authorities Law." (e) No person knowingly and intentionally may sell any alcoholic beverages for consumption on the premises within 100 yards of any housing authority property. (f) Distance requirements for the sale of alcoholic beverages, and the manner in which distances shall be measured, shall be governed by state law. (g) Preexisting establishments. No location which is licensed to sell alcoholic beverages on the effective date of the ordinance from which this section is derived shall be denied continued operation under an existing license. (h) New church or schools or other restricted use. As to any location licensed in the future, if the distance requirements in this section are met at the time of issuance of any alcoholic beverage license, the subsequent opening and operation of a church or school or other restricted use facility within the distance prohibited in this section shall not prevent the continuance of an existing license or the issuance of a new license to any subsequent owner of such property. 132 Section 11, Item A. ( Ord. No. 20-12-462 , § 1(Exh. A), 12-21-2020) Sec. 4‐23. ‐ Applicant standards. (a) No license for alcoholic beverages issued pursuant to this chapter shall be granted to any person who is not: (1) At least 21 years of age; and (2) A United States citizen, legal permanent resident of the United States; or a qualified alien or non- immigrant under the Federal Immigration and Nationality Act with an alien number issued by the Department of Homeland Security or other federal immigration agency. (b) If the applicant is a partnership or corporation, the provisions of this section shall apply to all its partners, officers, and majority stockholders. Issuance of the license shall be as follows: (1) In the case of a corporation, the license shall be issued jointly to the corporation and the majority stockholder, if an individual. If the majority stockholder is not an individual, the license shall be issued jointly to the corporation and its designated applicant or licensee agent under the provisions of this chapter. (2) In the case of a partnership, the license shall be issued to the partnership and all the partners owning at least 20 percent of the partnership If no partner owns 20 percent of the partnership, then the general partner, managing partner or the partner with the greatest ownership will be licensed. (c) No person shall be granted any alcoholic beverage license unless it shall appear to the satisfaction of the city manager that neither such individual nor any person with 20 percent or more ownership in the entity, nor any officer or director of the corporation shall have been convicted of, entered a guilty plea or a plea of nolo contendere, or been released from parole or probation within a period of ten years immediately prior to the filing of such application, for: (1) Moral turpitude; (2) Illegal gambling; (3) Felony possession or sale of controlled substances; (4) Illegal possession or sale of alcoholic beverages, including the sale or transfer of alcoholic beverages to minors in a manner contrary to law; (5) Keeping a place of prostitution; (6) Pandering; (7) Pimping; (8) Public indecency; (9) Prostitution; (10) Solicitation of sodomy; or (11) Any sexually related crime. An applicant may establish the required lack of criminal history listed by providing an official Federal Clearance Letter from the Federal Court of the individual's state of residence or a criminal history report from a police department, sheriff's department or the official state crime investigation center in the individual's state of residence. The city manager may also require a criminal history consent form and/or an affidavit of criminal history to be completed and submitted by any individual. (d) It shall be prohibited for any city employee directly involved in the issuance of alcoholic beverage licenses under this chapter to have any whole, partial, or beneficial interest in any license to sell alcoholic beverages in the city. 133 Section 11, Item A. (e) No license for alcoholic beverages issued pursuant to this chapter shall be granted to any person who has had any alcoholic beverage license issued by any jurisdiction within the state revoked within two years prior to the filing of the application. (f) The city manager or city council may decline to issue an alcoholic beverage license when any person having any ownership interest in the operation of such place of business or having control over such place of business does not meet the same character requirements as set forth in this section for the licensee. (g) Corporate or business applicants shall be of good business reputation. (h) An alcoholic beverage license application may be denied to any applicant for any alcoholic beverage license where it appears that the applicant would not have adequate financial participation in the proposed business to direct and manage its affairs, where the applicant or the licensee agent does not have sufficient control over the operations of the business to assure compliance with the provisions of this chapter, or where it appears that the application is intended to be a mere surrogate for a person who would not otherwise qualify for a license for any reason whatsoever. ( Ord. No. 20-12-462 , § 1(Exh. A), 12-21-2020) Sec. 4‐24. ‐ Effect of prior criminal history; exceptions. (a) An applicant or licensee agent's first-time conviction for illegal possession of alcohol as a misdemeanor or violation of a city ordinance shall not, by itself, make an applicant/licensee agent ineligible for an alcoholic beverage license. (b) For purposes of this chapter, a conviction or plea of guilty or nolo contendere shall not be considered as to any offense for which a defendant was allowed to avail themselves of this state's first offender provisions, O.C.G.A. § 42-8-60 et seq.; provided, however, that any such offense may be considered where the defendant violated any term of probation imposed by the court granting first offender treatment or committed another crime and the sentencing court entered an adjudication of guilt as to the crime for which the defendant had previously been sentenced as a first offender. ( Ord. No. 20-12-462 , § 1(Exh. A), 12-21-2020) Sec. 4‐25. ‐ Pending application for business on prior licensed premises. Where there is a pending application for a new licensee or a change of ownership for a business that is to be located in premises that have been licensed within a year prior to the pending application, the new applicant may continue to sell alcohol in the same capacity as previously licensed pursuant to a management agreement with the existing licensee for a maximum period of 30 days beyond the sale or transfer of the licensed premises. However, the 30 days of operation under the management agreement shall be counted as the first month of sales for the purposes of calculating the alcohol license fees that are due. If a violation of this chapter occurs during the 30 days that the business is operating under a management agreement pursuant to this section, both the prior licensee and the new applicant can be charged and held liable. Moreover, any such violation may serve as grounds for denial of the new license. ( Ord. No. 20-12-462 , § 1(Exh. A), 12-21-2020) Secs. 4‐26—4‐29. ‐ Reserved. DIVISION 3. ‐ APPLICATION REQUIREMENTS Sec. 4‐30. ‐ Application requirements. 134 Section 11, Item A. (a) City form. All persons desiring to sell alcoholic beverages or desiring to obtain a BYOB license or any other license or permit provided for in this chapter shall make an application on the form prescribed by the city manager or his or her designee. (b) Contents. The application shall include, but not be limited to: (1) The name and address of the applicant/licensee agent; (2) The proposed business to be carried on and type of license desired; (3) If a partnership, the name and residence address of each partner; (4) If a corporation, the names of the officers; (5) The name and address of the registered agent for the service of the process; (6) The name of the manager; (7) The names of all shareholders holding more than 20 percent of any class of corporate stock, or any other entity having a financial interest in each entity which is to own or operate the establishment for which a license is sought; and evidence of compliance with any prior notice requirements, including but not limited to O.C.G.A. § 3-4-27 where applicable. (c) [Grand opening/annual promotion permits.] For grand opening/annual promotion permits, the detailed requirements of this section will not be applied and the only information required will be the name and address of the business, the name and address of the applicant, and the date, time and location of the event. (d) Financial information. All applicants shall furnish such financial and other information and records as may be required by the city manager to ensure compliance with the provisions of this chapter. Failure to furnish information and records pursuant to such request shall automatically serve to dismiss the application with prejudice. (e) Agreements. All agreements between and among any persons or stockholders of corporations or partners of partnerships applying for a license to sell or dispense any alcoholic beverages and which agreements reflect or control ownership, division of profits, sharing of revenues of any kind, including payment of rents, or which agreements reflect any other arrangements in connection with ownership, rents, profit sharing or income shall be in writing, and copies of all these agreements shall, upon request, be furnished to the city manager. (f) Survey. For businesses engaged in package sale of alcohol for off-premises consumption, the application shall have attached a survey (dated no more than 180 days prior to submission of the application to the city), certified by a registered surveyor of this state, showing a scaled drawing of the premises, the location on the premises where the applicant desires to operate an alcoholic beverage establishment, and the distance in linear feet measured pursuant to state law and section 4-22 of this chapter to the nearest church building, school building, educational building, school grounds or college grounds or college campus building. If the applicant is a new owner of an establishment at a location where the sale of alcoholic beverages was lawful at any time during the 12 months immediately preceding such application, a survey is not required. The city manager has the discretion to waive the survey requirement if it can otherwise be confirmed with clear evidence that there is no school, church, or other restricted facility in proximity to the proposed licensed premises. (g) Notary. All applications shall be sworn to by the applicant/licensee agent before a notary public or other officer empowered by law to administer oaths. (h) Consent. Each applicant/licensee agent authorizes the city and its agents to secure from any court, law enforcement agency, or other public agency his criminal and civil history and to use such information in determining whether the license applied for shall be issued. Each applicant, as a consideration of the application, further authorizes the city and its agents to use such information in any public hearing with respect to the license applied for, either before or after the issuance of the license. Each applicant waives any right that he or she would otherwise have to preclude the city or its agents from obtaining and using such information, and each applicant further waives any liability of the city or its agents for obtaining and using such information. 135 Section 11, Item A. (i) License fees. The application shall be accompanied by the prerequisite application non-refundable processing fee and license/permit fee(s) as established by the city council. Except for applications for permits, all licenses granted under this chapter shall be for the months remaining in the calendar year after application is made. License fees for new licenses granted shall be based on the number of months remaining in the calendar year; a partial month shall be counted as a full month. ( Ord. No. 20-12-462 , § 1(Exh. A), 12-21-2020) Sec. 4‐31. ‐ Separate application for each location and license type required. A separate license application is required for each location of sale and must identify the license category for which application is made. A separate license shall be obtained for each separate location. Locations will be deemed separate if they have different addresses or different entrances with separate trade names. The city may allow an applicant to utilize the same form for multiple alcoholic beverage license types at the same establishment or may require a separate application for the different license types. Under either circumstance, the city manager and city council will act upon each license type as a separate application. Pursuant to Ga. Comp. Rules and Regs. 560-2-3-.15, no establishment licensed to sell beer, wine, and/or liquor for consumption on-premises shall hold any license to sell liquor by the package for the same location. However, on-premises consumption retailers may, subject to the provisions of this chapter, also apply for and obtain a beer and/or wine package license, provided that all additional requirements are met and additional fees paid. ( Ord. No. 20-12-462 , § 1(Exh. A), 12-21-2020) Sec. 4‐32. ‐ Accurate application required; consequences for false or misleading statements or omissions. An applicant shall provide complete and accurate information in support of an application. Any material omission, false or misleading information contained in or omitted from an original, renewal or transfer application for an alcoholic beverage license under this chapter shall be cause for the denial thereof and, if any license has previously been granted, such circumstances shall constitute cause for revocation. ( Ord. No. 20-12-462 , § 1(Exh. A), 12-21-2020) Sec. 4‐33. ‐ Registered agent required. All licensed establishments must have and continuously maintain in Fulton County, or any county that borders Fulton County, a registered agent upon whom any process, notice or demand required or permitted by law or under this chapter required to be served upon the licensee or owner may be served. This person must be a resident of one of the aforesaid counties. The licensee shall file the name of such designated registered agent, along with the written consent of such individual to serve as the registered agent for the licensee, with the city manager on such form as he or she may prescribe. ( Ord. No. 20-12-462 , § 1(Exh. A), 12-21-2020) Sec. 4‐34. ‐ Non‐refundable processing fees. Each application or renewal for an alcohol license under this chapter shall be accompanied by non- refundable processing fees in an amount to be determined by the city council to defray processing, 136 Section 11, Item A. administrative, and investigative costs. Processing fees shall be paid at the time the application is filed. Any person applying for more than one license on a given application, to the extent that such is authorized by the city manager, shall pay only one set of processing fees. ( Ord. No. 20-12-462 , § 1(Exh. A), 12-21-2020) Sec. 4‐35. ‐ Withdrawal by applicant; refund of license fee deposit. (a) Any license application made pursuant to this chapter may be withdrawn by the applicant at any time. (b) If the application is withdrawn before the license is issued, any sums deposited as license fees will be refunded (without interest), less non-refundable processing fees. After issuance of the license, no refund will be made. No refunds shall be made under any circumstances for investigative and administrative expenses required in this chapter. (c) No license shall be renewed for less than a calendar year, and if an issued license is revoked or surrendered before the expiration of a calendar year, the licenses shall not be entitled to any refund. (d) Notwithstanding the foregoing provisions, the city council may approve a partial refund of the license fee paid to the city if the licensed business cannot continue to be operated due to any action taken by the city beyond the licensee's control (excluding a suspension, revocation or other disciplinary action). If a refund is approved by the city council, the refund shall be calculated as follows: (1) Three-fourths of the license fee if the licensee goes out of business during the first quarter of the calendar year. (2) One-half of the license fee if the licensee goes out of business during the second quarter of the calendar year. (3) One-fourth of the license fee if the licensee goes out of business during the third quarter of the calendar year. (4) No refund if the licensee goes out of business during the fourth quarter of the calendar year. ( Ord. No. 20-12-462 , § 1(Exh. A), 12-21-2020) Sec. 4‐36 - Notice requirements. (a) Posting on premises to be licensed. (1) Required; specifications. The applicant for an original license under this chapter shall, at his or her own expense, post a notice on the premises to be licensed. The notice shall be posted for at least 15 days prior to the date of the public hearing. The notice shall be on a sign having a surface of not less than 12 square feet. The notice shall be painted or printed in black letters at least three inches in height against a white background. The notice shall state: a. That an application for a license related to the sale or consumption of alcoholic beverages on the premises under this chapter has been filed with the city; b. The type of license applied for; c. The time and place of the public hearing to be held on such license application; and d. The name(s) in which the license is to be issued. (2) Placement. The advertisement shall be placed with the base of the sign not more than three feet from the ground on the most conspicuous part of the premises, facing the most frequently traveled road, street or highway abutting same, and not more than ten feet therefrom. 137 Section 11, Item A. (b) Publication. (1) Contents. The City Manager or his or her designee shall prepare and cause to be published a notice of each pending application, which notice shall include: a. The date the application will be considered by the city council; b. The location or street number of the premises where the applicant proposes to conduct activities permitted by this chapter; and c. The applicant's name. (2) Costs. The applicant shall pay the publication costs. (3) Newspaper of general circulation. The notice shall be published in a newspaper of general circulation within the city and shall appear once a week for two weeks immediately preceding consideration of the application by the city council. Secs. 4‐376—4‐39. ‐ Reserved. DIVISION 4. ‐ GRANT OR DENIAL OF APPLICATIONS; APPEALS Sec. 4‐40. ‐ Consideration of applications by chief of police and city manager. (a) Chief of police. Each application for an alcoholic beverage license shall be referred to the chief of police or his or her designee for investigation. The chief of police or his or her designee shall report the findings to the city manager. Such findings shall include a recommendation as to the qualifications of the applicant. At the discretion of the city manager or his/her designee, this step may be omitted for grand opening/annual promotion permits. (b) City manager. The city manager shall have the authority to: (1) Request additional written or investigative information from the applicant or city staff deemed necessary to consider an application prior to a decision; (2) Grant an applicant a temporary alcoholic beverage license, conditional licenses or any permit, consistent with the provisions of this chapter; (3) Submit an applicant's completed license application to the city council for hearing, along with a recommendation for approval; (4) Submit an applicant's request for "conditional approval prior to completion of proposed licensed premises", in accordance with section 4-43 of this chapter, to the city council for hearing, along with a recommendation for approval or denial; (5) Deny any application on the grounds that it is incomplete, fails to show the applicant has satisfied the qualifications set forth in this chapter or other provisions of this Code; shows the applicant, location, or application would not qualify under State law or Georgia Department of Revenue Regulations; or for other due cause; and (6) Receive and submit an applicant's appeal of the city manager's decision to deny the application to the city council for hearing, along with a copy of the city manager's decision; and (7) Receive an applicant's appeal of the police chief's decision to deny an alcohol/server permit under section 4-122(d) and submit such appeal to the city council for hearing, along with a copy of the police chief's decision. (8) With the exception of temporary alcoholic beverage licenses, conditional licenses, and all permits, no application for an original license shall be granted until a public hearing has been held before the city council as scheduled by the city manager or his or her designee. (c) Notice required. The city manager shall provide written notice to any applicant whose application is denied. Such written notification shall set forth in reasonable detail the reasons for such denial and 138 Section 11, Item A. shall advise the applicant of the right to an appeal before the city council with a right to present evidence and cross examine witnesses. Such notice shall be mailed by certified mail to the registered agent at the address provided and to the named licensee at the licensed premises. Delivery shall be deemed to take place on the third day following deposit in the United States mail. ( Ord. No. 20-12-462 , § 1(Exh. A), 12-21-2020) Sec. 4‐41. ‐ City council's consideration of applications; appeals. (a) Public hearings. The city council shall hold public hearings to (i) consider license applications and recommendations submitted from the city manager for action, and (ii) consider applicant appeals from decisions of the city manager to deny license applications or applicant appeals from decisions of the police chief to deny seller/server permits. Witnesses and evidence shall be presented by the city manager or his or her designee, and the licensee shall be entitled to present evidence and witnesses and cross-examine the city's witnesses. (b) Ten days' prior notice. Public hearings shall be scheduled by the city manager, who shall give at least ten days' prior written notice of the time, place, and purpose of the hearing, and a statement of the charges upon which the hearing before the city council shall be held. If to the licensee or licensee's agent, service of such notice shall be by personal service on the registered agent by the police department, code enforcement officer, or other city designee. If personal service fails, the notice shall be mailed by certified mail to the registered agent at the address provided, to the licensee, and to the licensee's employee. Delivery shall be deemed to take place on the third day following deposit in the United States mail. (c) [City council actions.] During or following the hearing, the city council may: (1) Request additional written or investigative information from the applicant, city manager, or city staff deemed necessary to consider an application prior to a decision; (2) Consider an application recommended for approval by the city manager and render a final determination approving or denying the application; (3) Hear any appeal from a decision of the city manager to deny an application and render a final determination upholding or overturning the city manager's decision; (4) Consider a recommendation from the city manager to grant or deny "conditional approval prior to completion of proposed licensed premises" consistent with section 4-43 of this chapter and render a final determination. (5) Deny any application on the grounds that it is incomplete, fails to show the applicant has satisfied the qualifications set forth in this chapter or other provisions of this Code; shows the applicant, location or application would not qualify under state law or Georgia Department of Revenue Regulations; or (6) For other due cause. (d) Notice required. The city council shall provide written notice to any applicant whose application is denied. Such written notification shall set forth in reasonable detail the reasons for such denial. Service of such notice shall be by personal service on the registered agent by the police department or code enforcement officer or other designee of the city manager. If personal service fails, the notice shall be mailed by certified mail to the registered agent at the address provided and to the named licensee at the licensed premises. Delivery shall be deemed to take place on the third day following deposit in the United States mail. (e) Appeal. Any decision by the city council denying an application shall be final unless the applicant applies to the Superior Court of Fulton County by filing a petition for writ of certiorari within 30 days of the decision rendered by the city council. 139 Section 11, Item A. (f) Reapplication permitted after one year. In all instances in which denial of an application is final under the provisions of this chapter, the applicant may not reapply for a license for the same location for at least one year from the date of such final denial. (g) Return of license fee upon denial. If the application is finally denied, and the applicant did not temporarily operate licensed premises under any provision of this chapter, the license fee, if paid at the time of application, shall be refunded. However, non-refundable processing fees and temporary license fees will not be refunded. If the applicant operated on prior licensed premises under section 4- 25 of this chapter while the application was pending, and the application is denied, the applicant shall be entitled to a pro rata refund of the license fee, if a license fee was paid at the time of application. ( Ord. No. 20-12-462 , § 1(Exh. A), 12-21-2020) Sec. 4‐42. ‐ Exercise of discretion. (a) The city manager and city council, in their discretion, shall consider the evidence, including any extenuating, aggravating or mitigation facts or circumstances that may affect or reflect upon the applicant, the application, and/or the proposed location of the business in light of this chapter. (b) If, after consideration of the evidence, the city council determines that stipulations or conditions should attach to a decision to approve an application, the city council shall provide for such conditions in its action. (c) In addition to all other authority to grant or deny a license, any application for a license may be denied by the city to safeguard the health, safety and welfare of the community. In making such a determination, the city council shall assess the extent to which the granting of the license or the continued holding of the license would contribute to issues, including but not limited to, littering, loitering or public consumption of alcoholic beverages in the area of the establishment, and the exposure of minors to the sale of alcoholic beverages because of the number of minors who frequent the establishment. ( Ord. No. 20-12-462 , § 1(Exh. A), 12-21-2020) Sec. 4‐43. ‐ Conditional approval prior to completion of proposed licensed premises. If a building intending to operate under this chapter is, at the time of the application for a license, not in existence or not yet completed, a license may be conditionally approved by the city manager or his/her designee for the location, provided the plans for the proposed building clearly show an intention to comply with all local, state, and federal requirements. No sales or consumption shall be allowed in the establishment until it has been completed in accordance with the plans and is in conformity with the requirements of this chapter, local ordinances and all state and federal laws and regulations. ( Ord. No. 20-12-462 , § 1(Exh. A), 12-21-2020) Secs. 4‐44—4‐49. ‐ Reserved. DIVISION 5. ‐ EXPIRATION, RENEWAL, FORFEITURE, AND TRANSFER Sec. 4‐50. ‐ Annual expiration; renewal requirements. (a) All licenses granted under this chapter shall expire on December 31 of each year. Licensees shall be required to file a renewal application accompanied by the requisite fee with the city manager on the form provided for a renewal license for the ensuing year. 140 Section 11, Item A. (b) The applicant for renewal shall be required to comply with all rules and regulations for the granting of licenses each year, including the submittal of the required forms, reports or other requested data establishing compliance with criminal history requirements of this chapter. (c) Alcoholic beverage license renewal applications and payments are due on or before November 15 of each year. Renewal applications and payments received between November 16 and December 15 are subject to a ten percent late fee, plus interest. (d) Licensees failing to renew their alcoholic beverage licenses on or before December 15 must reapply for an alcoholic beverage license. In such cases, the application will be treated as if no previous license had been held, including the need to review the investigative, zoning, and distance requirements. Under this situation, the applicant shall be required to pay the ten percent penalty, plus interest, along with other fees associated with a new application. The city shall not be responsible for the consequences of delays in the issuance of any license under this chapter. ( Ord. No. 20-12-462 , § 1(Exh. A), 12-21-2020) Sec. 4‐51. ‐ Automatic forfeiture of license for nonuse. (a) All holders of licenses under this chapter must, within six months after the issuance of said license, open for business the establishment referred to in the license. Failure to open the licensed establishment within six months after the issuance of such license shall serve as cause for the revocation of such license, and no refund of license fees or other related fees shall be made. A three- month extension to the original six-month period may be granted by the city manager if requested within the said six-month period in compliance with other sections of this chapter. (b) Any licensee under this chapter who shall for a period of three consecutive months after the license has been issued cease to operate the business and sale or service of the products authorized shall automatically forfeit the license without the necessity of any further action. ( Ord. No. 20-12-462 , § 1(Exh. A), 12-21-2020) Sec. 4‐52. ‐ Transferability of license. No alcoholic beverage license shall be transferable, except as otherwise provided in this section. (a) In the event of the death of a licensee, the establishment shall be allowed to continue to sell or serve alcoholic beverages, or otherwise continue to operate with a BYOB license, in accordance with this chapter, for a period of 45 days from the date of death, or until the expiration of the license, or until approval of a new licensee, whichever shall first occur; provided that no sale or on-premises consumption of alcoholic beverages shall be allowed until such time as a new application for a license is made. The application shall indicate that no change of ownership has occurred, except as allowed for in this section. Upon issuance of a new license, the authorization related to alcoholic beverages under the previous license shall be revoked by operation of law. No additional license fees shall be required during the period for which the original license was issued. (b) If a license is surrendered or a licensee severs his or her association with a licensed establishment but there is no change in ownership, the establishment may continue to sell or serve alcoholic beverages, or otherwise continue to operate with a BYOB license or other license issued under this chapter, in accordance with this chapter, for a period of 45 days from the date of surrender, or from the date determined by the city manager to be the date of severance; provided that no such establishment may sell or serve alcoholic beverages or otherwise operate pursuant to any license under this chapter until such time as a new application for a license is made. The application shall indicate that no change of ownership has occurred, except as allowed 141 Section 11, Item A. for in this section. Upon issuance of a new license, the authorization related to alcoholic beverages under the previous license shall be revoked by operation of law. No additional license fees shall be required during the period for which the original license was issued. (c) Nothing in this section shall prohibit one or more of the partners, members or shareholders holding a license from withdrawing from the partnership, corporation or entity in favor of one or more of the partners, members or shareholders who held an ownership interest at the time of the issuance of the license. This section shall not prohibit transfer of stock between persons who held stock in the corporation at the time of issuance of the license nor shall it prohibit transfers of stock which do not result in any person increasing his or her stock holdings to a total of ten percent or more of any class of stock. (d) Except as provided in subsections (a) through (c) of this section, any change in the ownership of any entity owning a licensed establishment shall cancel and revoke any license pursuant to this chapter automatically, without the necessity of any hearing. (e) Should a licensee wish to change its location, but continue to operate the same business, said licensee may make application to the city manager for a transfer of location. Should such a transfer of a location be approved, with no change of ownership of the business, the license fee paid for the previous license shall be applied to the new location. Each applicant for a transfer of location shall pay a transfer fee as set forth from time to time by city council ordinance. (f) Violation of this section may result in the suspension or revocation of the license being used and/or a fine on the new ownership and the old ownership as provided in this chapter. (g) If a violation of this section results in revocation of the license, no license will be issued to the old or the new owner in the city for one year from the date of such violation. ( Ord. No. 20-12-462 , § 1(Exh. A), 12-21-2020) Secs. 4‐53—4‐59. ‐ Reserved. DIVISION 6. ‐ SUSPENSION, REVOCATION, OTHER PENALTIES Sec. 4‐60. ‐ Suspension or revocation of license or permit; other penalties authorized. (a) The city council shall be authorized to suspend or revoke an alcoholic beverage license or permit or impose other penalties upon the licensee, licensee's employee, or licensee's agent under the conditions set forth in this chapter. However, no revocation, suspension or other penalty shall be imposed without first providing the notice, hearing, and appeal rights as more specifically provided in this chapter. (b) No alcoholic beverage license or permit, after having been issued, shall be suspended or revoked except for due cause. Sufficient grounds, or due cause, for the suspension or revocation of a license or the imposition of other penalties include, but are not limited to, the following: (1) The violation of the laws or ordinances regulating the business; (2) The violation of any local, state or federal law; (3) The violation of provisions of this chapter; (4) Any reason which would authorize the city to refuse the issuance of a license or permit; (5) Where a licensee has failed to open for business within six months after approval of the license; provided however, that prior to the expiration of such period, the city manager may extend the time in which a licensee is required to open for business by up to three months, upon the timely receipt of a written request from a licensee for such an extension; 142 Section 11, Item A. (6) After opening, where a licensee has ceased to operate the business for a period of three consecutive months; (7) Where a licensee's state license or permit for the sale of alcoholic beverages has been suspended or revoked; (8) Where a licensee or such licensee's employee or agent, has sold or served alcoholic beverages or allowed patrons to bring their own alcohol to the premises during a period of suspension; (9) Where a licensee has provided incomplete, fraudulent or untruthful information in the original application or renewal process for an alcoholic beverage license; (10) Where a licensee has failed to file necessary reports, failed to cooperate in any matter related to the license, failed to pay any fee, license fee, tax, fine or other amount due to the city under this chapter or any other licensing ordinance of the city, has failed to file a required return or to pay taxes imposed, or has failed to maintain any and all of the general qualifications applicable to the initial issuance of a license as set forth in this chapter; (11) Where a licensee, or such licensee's employee or agent, has served or sold any alcoholic beverage to any person that the licensee or the licensee's employee or agent knew or should have known to be under the age of 21 years; (12) Where a licensee, or such licensee's employee or agent, has served or sold any alcoholic beverage to any person that the licensee or the licensee's employee or agent knew or should have known to be in a state of intoxication at the time of service; (13) Where a licensee, or such licensee's employee or agent, has allowed any person to consume alcohol pursuant to a BYOB license when the licensee, licensee's employee or agent knew or should have known that such person was in a state of intoxication; (14) Where a licensee has violated any other law, ordinance or regulation governing the operation of establishments licensed to sell alcoholic beverages or which is reasonably related to the operation of such establishments; (15) Where a licensee, or such licensee's employee or agent, has violated any other provision of this alcoholic beverage chapter or state law; (16) Where a licensee or an individual or person with 20 percent or more ownership in the entity, or any officer or director of the licensee shall have a conviction for any of the following subsequent to issuance of the license: moral turpitude, illegal gambling, felony possession or sale of controlled substances, illegal possession or sale of alcoholic beverages, including the sale or transfer of alcoholic beverages to minors in a manner contrary to law; keeping a place of prostitution; pandering; pimping; public indecency; prostitution; solicitation of sodomy; or any sexually related crime. (17) In addition to all other authority to suspend or revoke a permit or license, any license may be suspended or revoked to safeguard the health, safety and welfare of the community. In making such a determination, the city council shall assess the extent to which the continued holding of the license would contribute to issues, including but not limited to, littering, loitering or public consumption of alcoholic beverages in the area of the establishment, and the exposure of minors to the sale of alcoholic beverages because of the number of minors who frequent the establishment. ( Ord. No. 20-12-462 , § 1(Exh. A), 12-21-2020) Sec. 4‐61. ‐ Notice of violations; city manager's authority. (a) Chief of police and finance director. The chief of police and finance director shall notify the city manager of violations by licensees, licensee's employees, or licensee's agents related to enforcement 143 Section 11, Item A. and administration of this chapter that reflect the failure to comply with the requirements of this chapter or state or federal law. (b) City manager. Upon information known to or received by the city manager that creates a reasonable belief that a licensee, licensee's employee, or licensee's agent has violated law or otherwise failed to comply with requirements of this chapter, the city manager shall have the responsibility and authority to: (1) Evaluate the severity of the situation and immediately ensure appropriate measures are taken with regard to any health, safety or welfare concerns to address any immediate threat of harm or damage based upon the information received; (2) Authorize any investigation needed on the part of appropriate persons, requesting additional written or investigative information from the licensee, city staff, or other authorities or persons deemed necessary to consider the actions or inactions of the licensee, licensee's employee, or licensee's agent; (3) After providing the licensee, licensee's employee, and/or licensee's agent with notice of violations and the opportunity to respond to the charges, and following the receipt and consideration of any response, the city manager shall determine whether due cause exists to recommend action against the licensee, licensee's employee or licensee's agent, up to and including revocation of the license or permit. (4) Upon a finding of due cause, the city manager shall provide written notice to the licensee, licensee's employee, and/or licensee's agent, as appropriate, setting forth in reasonable detail the facts upon which due cause exists to take action, the nature of the proposed action, and advising of the scheduling of a public hearing before the city council with a right to present evidence and cross examine witnesses. Such notice shall be mailed by certified mail to the registered agent at the address provided, to the named licensee at the licensed premises, and to any person alleged to have committed the violation. Delivery shall be deemed to take place on the third day following deposit in the United States mail. A copy of the notice shall also be provided to the city council. ( Ord. No. 20-12-462 , § 1(Exh. A), 12-21-2020) Sec. 4‐62. ‐ Conduct of public hearing by city council. (a) Public hearings. The city council shall hold public hearings to consider recommendations submitted from the city manager for action based on due cause for violations of a licensee, licensee's employee, or licensee's agent, based on due cause as described in of this chapter. Witnesses and evidence shall be presented on behalf of the city by the city manager or his or her designee, and the licensee, licensee's employee, or licensee's agent shall be entitled to present evidence and witnesses and to cross-examine the city's witnesses. (b) Ten days' prior notice. Public hearings shall be scheduled by the city manager, who shall give at least ten days' prior written notice to the licensee of the time, place, and purpose of the hearing, and a statement of the charges upon which the hearing before the city council shall be held in accordance with this section. If to the licensee or licensee's agent, service of such notice shall be by personal service on the registered agent by the police department, code enforcement officer, or other city designee. If to the licensee's employee, personal service shall be upon the employee. If personal service fails, the notice shall be mailed by certified mail to the registered agent at the address provided, to the licensee, and to the licensee's employee. Delivery shall be deemed to take place on the third day following deposit in the United States mail. (c) [Decision by city council.] Upon hearing the matter, the city council, shall render a decision as to whether due cause exists for action against the licensee, licensee's employee, or licensee's agent. If due cause exists, the city shall determine the appropriate penalty, up to and including suspension and/or revocation of a permit or license. 144 Section 11, Item A. (d) Appeal. Any decision by the city council denying an application shall be final unless the applicant applies to the Superior Court of Fulton County by filing a petition for writ of certiorari within 30 days of the decision rendered by the city council. (e) Reapplication permitted after one year. In all instances in which a license is revoked, the licensee may not reapply for a license for the same location for at least one year from the date of such final denial. (f) No return of license fee upon revocation. If the license is revoked, the licensee shall not be entitled to the return of all, or any portion of, the license fee. ( Ord. No. 20-12-462 , § 1(Exh. A), 12-21-2020) Sec. 4‐63. ‐ Exercise of discretion; consideration of mitigating factors. (a) Nothing in this section shall be deemed to require suspension or revocation of a license, and each violation should be considered at the discretion of the city council on a case by case basis. The city manager and city council, in their discretion, shall consider the evidence, including any extenuating, aggravating or mitigation facts or circumstances that may affect or reflect upon the applicant, the application, and/or the location of the business in light of this chapter. (b) Penalties for the licensee may be mitigated by the city council upon presentation of evidence that the licensee established practices and procedures to prevent the violation from occurring. Such mitigating factors may include: (1) Attendance at a responsible alcohol sales and service (RASS) workshop by the licensee and/or managers; (2) Implementation and components of written policies; (3) Evidence that employees have or do not have alcohol seller/server permits; (4) Evidence that the licensee conducts its own "secret shopper" or internal "sting" operations and the results therefrom; (5) Implementation and components of an employee training program; (6) Length of time in business; (7) Whether the ID was requested; (8) The degree to which the licensee has other procedures in place to monitor its alcohol servers/sellers for compliance; (9) Whether the licensee enforces a zero-tolerance policy in which employees are terminated for any knowing violation of this chapter; and (10) Other evidence demonstrating the licensee's efforts to comply with the ordinance and prevent illegal alcohol sales or service in the licensed establishment and the community at large. ( Ord. No. 20-12-462 , § 1(Exh. A), 12-21-2020) Sec. 4‐64. ‐ Consideration of progressive actions; mandatory penalties for sale or service to persons under 21; criminal penalties. (a) If a licensee is found to have violated any provision of this chapter, excluding selling or serving underage persons, the city shall ordinarily give consideration to the following progressive actions: (1) The first alleged violation in a 12-month period shall result in a mandatory hearing before the city council and the issuance of a warning or a license suspension for a period of up to 30 days if the violation is sustained. 145 Section 11, Item A. (2) The second alleged violation within a consecutive 12-month period shall result in a mandatory hearing before the city council and the issuance of a license suspension for a period of up to 60 days if the first and second violations were sustained. (3) The third alleged violation within a consecutive 12-month period shall result in a mandatory hearing before the city council and cause the revocation of the license and the inability of the licensee to obtain a license from the city for a term of up to three years from the date of revocation if the first, second, and third violations were sustained. (b) If a licensee or employee of such licensee has a conviction (including for purposes of this paragraph, a plea of nolo contendere or the forfeiture of bond) for the violation of O.C.G.A. § 3-3-23 or any section of this chapter relating to the sale or service of alcoholic beverages to any person under 21 years of age, the following minimum penalties shall apply: (1) The first conviction shall result in a mandatory hearing before the city council, a minimum fine of $500.00, and may result in a license suspension for a period of up to 30 days. (2) The second conviction within a consecutive 24-month period shall result in a mandatory hearing before the city council, a minimum fine of $750.00, and a license suspension for a minimum period between seven and 60 days. (3) The third conviction within a consecutive 24-month period shall result in a mandatory hearing before the city council, a minimum fine of $1,000.00, and revocation of the license absent a showing of mitigating circumstances deemed sufficient in the discretion of the city council to allow retention of the license. (c) Nothing contained in this chapter shall be construed to preclude the city council from suspending or revoking an alcoholic beverage license or alcohol seller/server permit for a period exceeding those described in this section if the city council determines in its discretion that such action is necessary and in the best interest of the public health, safety and welfare of the city. (d) For any license suspension of less than 30 days, the licensee will not be required to remove alcoholic beverages from the premises, but shall be required to secure with lock and chain, or similar locking mechanism, all refrigeration units containing alcoholic beverages, and remove non-refrigerated alcoholic beverages to an on-premises locked storage area or otherwise secure such beverages so that they are out of view and access of the public. (e) Actions taken by the city council shall be in addition to any criminal citation and prosecution by the city. Each violation of this chapter shall constitute a separate offense subject to a separate citation and penalties. Criminal penalties may result in a fine not to exceed $1,000.00, imprisonment not to exceed 60 days, or both. ( Ord. No. 20-12-462 , § 1(Exh. A), 12-21-2020) Secs. 4‐65—4‐69. ‐ Reserved. ARTICLE III. ‐ LICENSE TYPES AND SPECIAL PROVISIONS DIVISION 1. ‐ LICENSE TYPES Sec. 4‐70. ‐ Types of licenses and permits. Subject to satisfying the qualifications and requirements contained in this chapter and local, state and federal law, Applicants may apply for the licenses and permits identified in this chapter. (a) Off-premises licenses. Applicants that satisfy the applicable zoning and distance requirements may apply for a consumption off-premises license that includes one or more of the following types of retail package categories for off-premises licenses: 146 Section 11, Item A. (1) Retail package beer license. Allows retail sale of beer in the original package, growler or crowler. This license type would be available to the following types of qualified establishments: brewpubs, city food markets, craft beer and/or wine markets, growler/crowler shops, hotels, on-premises consumption licensees that would also like to sell beer by the package, and other general package establishments not specifically prohibited or specifically provided for under this chapter. Package beer license holders may not hold a BYOB license. (2) Retail package wine license. Allows retail sale of wine in the original package. This license type would be available to the following types of qualified establishments: city food markets, craft beer and/or wine markets, hotels, on-premises consumption licensees that would also like to sell wine by the package, and other general package establishments not specifically prohibited or specifically provided for under this chapter. Package wine license holders may not hold a BYOB license. (3) Retail package liquor license. Allows retail sale of liquor in the original package. This category of license shall only be available to be issued to an off-premises liquor retailer, distillery or micro-distillery. On-premises consumption licensees are prohibited from selling or providing liquor in the original package to patrons, except for distilleries and micro- distilleries. (4) Specialty gift shop license. Off-premises retail package license allows for the sale of beer and/or wine by the package for consumption off-premises. This license is available at a reduced rate due to the incidental nature of alcohol sales for this type of business. (b) On-premises licenses. Applicants that satisfy the applicable zoning requirements may apply for a consumption on-premises license that includes one or more of the following types of retail consumption categories of on-premises licenses: (1) Standard consumption on-premises licenses. a. Beer/wine/liquor consumption on-premises license. Allows retail sale of beer and/or, wine, and/or liquor for consumption on-premises. This license type would be available to the following types of qualified establishments that meet the criteria above: assembly halls, city food markets, eating establishments, events facilities, food hall cafes, free- standing vendors, golf courses, hotels, limited food service restaurants, restaurants, private clubs, sports clubs, and other establishments not prohibited under this chapter. To obtain this license, an enterprise must qualify as one of the followingeither: (i) qualify as an eating establishment; or (ii) derive a minimum of 30 percent of its total annual gross food and beverage sales from the sale of prepared meals or food and obtain a limited food service restaurant license. (i) eating establishment/full service restaurant (ii) golf course (iii) hotel (iv) limited food service restaurant (v) private club (vi) sports club (vii) special events facility (viii) senior living facility b. Beer and/or wine COP license. This license type would be available to the following types of qualified establishments that meet the criteria above: assembly halls, city food markets, eating establishments, events facilities, food hall cafes, free-standing vendors, golf courses, hotels, restaurants, private clubs, sports clubs, and other establishments not prohibited under this chapter. To obtain this license, an enterprise must either: (i) 147 Section 11, Item A. qualify as an eating establishment; or (ii) derive a minimum of 30 percent of its total annual gross food and beverage sales from the sale of prepared meals or food and obtain a limited food service restaurant license; or (iii) also obtain a craft beer and/or wine market license. (2) Limited consumption on-premises licenses. Allows limited sales and/or consumption of alcoholic beverages on premises for those establishments that do not otherwise in possession of one of the two on-premises licenses listed above qualify for a standard consumption on-premises license. These licenses are: a. BYOB license (no pre-existing alcohol beverage license). Allows an establishment that otherwise holds no alcohol beverage licenses to permit patrons to bring into the establishment unopened beer and/or wine for consumption on-premises (see section 4-88). b. Incidental service license. Allows an establishment that does not sell food that was prepared on the premises and does not charge for any alcoholic beverage to have beer/wine service and consumption. c. Limited tap license. Allows an establishment to sell a limited selection of craft beers on tap for consumption on premises. d. Courtyard market license. Allows a commercial or retail center to hold events or have free-standing vendors sell or serve alcohol within a designated courtyard area. de. Special events facility license. Allows an establishment to have staff or contractors (other than alcoholic beverage caterers) serve alcohol at special events. (c) Manufacturer licenses. The following licenses allow the manufacture of alcohol for consumption. Such licenses are not required for private production for private use and consumption of beer under O.C.G.A. § 3-5-4 or wine as permitted under O.C.G.A. § 3-6-3, and as otherwise expressly permitted by state law: (1) Manufacturer's license—Breweries and distilleries. The fees for such licenses will be set from time to time by the city council. (2) Manufacturer's license—Micro-breweries and micro-distilleries. The fees for such licenses will be set from time to time by the city council. (d) Hybrid manufacture—Sale licenses. The following licenses permit both manufacture and sale of alcohol at a facility, replacing the need for separate off-premises, on-premises and manufacturer licenses. (1) Brewpub license. Hybrid license allows an eating establishment that satisfies the definition and requirements of a brewpub to manufacture beer as well as sell beer by the drink for consumption on-premises and by the package for consumption off-premises. (2) Farm winery license. Hybrid license allows an establishment that satisfies the definition and requirements of a Georgia Farm Winery to sell wine at its premises by the package or for consumption on-premises as authorized by Georgia law. (e) Add-on services and specialty licenses. Applicants that are otherwise licensed under an off- premises, on-premises, manufacturer, or hybrid license may apply for the following supplemental licenses to provide additional services or specialty sales: (1) Sunday sales license. Separate alcoholic beverage license and payment of appropriate fees required for the Sunday sale of alcoholic beverages for consumption on-premises or by the package for off-premises consumption (to the extent allowed by state law). Farm wineries, distillers, and brewers are not required to obtain a separate Sunday sales license to provide alcohol on Sundays as long as they are operating in compliance with applicable local and state laws regarding the sale of alcoholic beverages. 148 Section 11, Item A. (2) Alcoholic beverage catering license. Allows a licensed standard on-premises consumption retailer or licensed off-premises package retailer qualified under state law to deliver transport and serve alcohol at locations other than its licensed facilityprivate functions on private property, public functions on private property, city sponsored events. special events, or special events facilities. This license does not eliminate the need for the alcoholic beverage caterer to obtain a catered events permit for each such catered event. (3) BYOB license (existing consumption on-premises licensees). Allows holders of an standard consumption on-premises license to permit a patron to bring into the establishment unopened beer and/or wine for consumption on-premises (see section 4-88). (4) Limited food service restaurant license. Allows the holder of an on-premises license to operate a restaurant with alcohol sales for consumption on-premises while not meeting the requirements of an eating establishment. (5) Restaurant package sale license. Allows holders of an on-premises license that qualifies as a restaurant to sell packaged beer and wine without the need for a separate off-premises license. (6) Craft beer and/or wine market. Allows certain holders of an off-premises license to sell craft beer and/or wine on-premises. (7) Growler/crowler license. Allows holders of an off-premises license to sell alcohol in growler/crowler packaging. (8) Ancillary tasting license. Allows holders of a retail package license, hybrid license, or manufacturing license an off-premises license to offer the public, at no charge, small quantities of alcohol for on-premises consumption as outlined in Sec. 4-93. (f) Summary of license types. (1) The following chart lists the license types and prerequisite underlying licenses: License Category License Name Prerequisite License Off‐premises package sales Package beer None Off‐premises package sales Package wine None Off‐premises package sales Package liquor None Off‐premises package sales Specialty gift shop None On‐premises consumption (standard) Beer/wine/liquor None if an eating establishment; otherwise this for qualifying establishments other than a limited food service restaurant which must be paired with a limited food service restaurant license and a special event facility which must be paired with a special event facility license. 149 Section 11, Item A. On‐premises consumption (standard) Beer/wine None if an eating establishment; otherwise this must be paired with a limited food service license. On‐premises consumption (limited) BYOB None On‐premises consumption (limited) Incidental service None On‐premises consumption (limited) Limited tap None On‐premises consumption (limited) Courtyard market None On‐premises consumption (limited) Special events facility None On‐premises consumption (standard) Manufacturing Brewery or distillery None Manufacturing Micro‐brewery or micro‐distillery None Hybrid Brewpub None Hybrid Farm winery None Add‐on Sunday sales Off‐premises package sales, on‐premises consumption (standard), on‐premises consumption (limited), or hybrid Add‐on Catering Off‐premises package sales or on‐premises consumption (standard) 150 Section 11, Item A. Add‐on BYOB On‐premises consumption (standard) or on‐premises consumption (limited) Add‐on Limited food service license On‐premises consumption (standard) Add‐on Restaurant package Sales On‐premises consumption (standard) Add‐on Craft beer and/or wine market Off‐premises package sales Add‐on Growler/crowler Off‐premises package sales Add‐on Ancillary tasting Off‐premises package sales, manufacturing or hybrid licenses (2) The fee for each license shall be set by resolution of the mayor and city council, and this fee shall remain in effect until modified or amended by subsequent resolution. ( Ord. No. 20-12-462 , § 1(Exh. A), 12-21-2020) Sec. 4‐71. ‐ Temporary alcoholic beverage license. Temporary alcoholic beverage licenses may be issued for a limited duration to an applicant whose application for a license appears on its face to meet all of the requirements of this chapter and the zoning ordinance. This license may be suspended or revoked if it is determined that the application or the applicant does not meet the city's requirements to hold an alcohol license. ( Ord. No. 20-12-462 , § 1(Exh. A), 12-21-2020) Sec. 4‐72. ‐ One‐time permits. Permits for service of alcohol may be issued for specific events of limited duration to applicants who lack a license allowing the sales, consumption, or service intended at the specific event. Permit fees and requirements may be waived by the city manager or his or her designee when such permits are for a city sponsored event, so long as the applicant shows proof of current alcohol licenses and pouring/server permits. The following permits may be issued: (a) Special event alcohol permit. (1) Existing on-premises licensee. Licensed standard on-premises consumption retailer or licensed off-premises package retailer that holds an alcoholic beverage catering license. (2) Non-licenseeNon-profit civic organization. (b) Grand opening/annual promotion permit. 151 Section 11, Item A. (c) Public facilities event alcohol permit. (d) Catered event permit. ( Ord. No. 20-12-462 , § 1(Exh. A), 12-21-2020) Secs. 4‐73—4‐74. ‐ Reserved. DIVISION 2. ‐ SPECIFIC REQUIREMENTS FOR CERTAIN LICENSE TYPES Sec. 4‐75. ‐ Reserved. Sec. 4‐76. ‐ License prohibited for liquor package sales in connection with certain establishments. No retail license for the sale of liquor by the package shall be allowed in or in connection with any business holding a license for any type of on-premises consumption. ( Ord. No. 20-12-462 , § 1(Exh. A), 12-21-2020) Sec. 4‐77. ‐ Limited sales or consumption on‐premises licenses. Certain establishments that do not possess a beer/wine/liquor consumption on-premises license or a beer/wine consumption on premises license may be qualified to obtain licenses that allow for limited service or sale of certain alcoholic beverages for on-premises consumption. See sec 4-88. as follows: (a) "Bring your own beverage" (BYOB) license (no pre-existing on-premises license). A "bring your own beverage" license is available to allow an otherwise qualified establishment upon a successful application and payment of appropriate fees to permit a patron to bring into the establishment unopened beer and/or wine for consumption on-premises. A BYOB license may be issued to eating establishments that hold on-premises consumption licenses as well as to approved establishments that are not licensed to sell or serve alcoholic beverages. Notwithstanding any other contrary provision of this chapter, a BYOB license may be issued and maintained at an approved establishment only under the following conditions. (1) The hours during which BYOB is allowed are limited to Monday through Saturday, from 9:00 a.m. until one hour before close. Sunday from 12:30 p.m. until one hour before close if the establishment qualifies as an eating establishment. If the establishment does not qualify as an eating establishment, alcoholic beverages may not be brought onto the premises of the establishment by patrons on Sundays. (2) Off-premises retailers who do not also hold an on-premises consumption license are not permitted to allow patrons to bring alcoholic beverages onto the premises for consumption and are not eligible to obtain a BYOB license. (3) Establishments that also hold an on-premises consumption license shall pay the same BYOB license fee as other BYOB establishments but will not receive a separate BYOB license. Instead, the BYOB approval will be noted on their on-premises license. (4) Establishments that do not otherwise serve or sell alcohol and meet all requirements for a BYOB license under this chapter will receive a separate BYOB license. BYOB licenses may only be issued to establishments in a zoning district that allows such use. (5) For purposes of this section, the term BYOB establishment shall not include a private hotel room or other similar guest room or a private club. (6) Further requirements and prohibitions for an establishment holding a BYOB license include the following: 152 Section 11, Item A. a. The establishment may not sell liquor by the package. b. The licensee must have an established policy pertaining to BYOB practices and may in its discretion charge a corkage fee and have available, either for a fee or not, barware such as glasses, ice buckets and bottle openers for the patrons' use. c. With the exception of situations where a patron has rented an entire section of the premises for a private function, BYOB beverages are limited to beer and wine. d. No alcohol may be brought onto the premises of a BYOB licensed establishment or consumed by a patron under 21 years of age. e. No alcohol may be brought onto the premises by a patron less than one hour prior to closing. f. All alcohol brought onto the premises by a patron must be removed from the premises or disposed of by the patron. g. Any beer or wine opened and not completely consumed at a business establishment pursuant to a BYOB license shall be properly disposed of and not kept on the premises. h. Employees of the establishment/licensee are prohibited from handling any patron's alcohol unless removing it to dispose of it. If a patron leaves the alcohol on the premises, it must be disposed of and not allowed to remain on the premises. (b) Incidental service license. An incidental service license is available to a qualified establishment upon a successful application and payment of appropriate fees to allow beer and/or wine consumption (but not sale) at an otherwise qualified establishment that does not sell food prepared on the premises and for which the service of food and beverage for consumption on- premises is not its primary business. A license may be issued and maintained at such an establishment only under the following conditions: (1) The establishment cannot charge for alcohol. (2) The service of alcohol is limited to beer and wine. (3) The licensee shall not allow consumption by any individual to exceed 16 ounces of wine or 24 ounces of beer within a calendar day. (4) Alcohol expenses shall not exceed two percent of gross receipts. (5) The hours during which beer and/or wine may be sold or consumed on the premises are limited to Monday through Saturday, from 9:00 a.m. until 10:00 p.m. (6) The establishment must meet the other qualifications and comply with the other provisions in this chapter that govern on-premises consumption dealers. (7) An establishment with an incidental service license is not eligible to also hold a package or BYOB license. (c) Limited tap license. A limited tap license is available to a qualified establishment upon a successful application and payment of appropriate fees to allow craft beer consumption at an otherwise qualified establishment that does not sell food prepared on the premises and for which the service of food and beverage is not its primary business. A license may be issued and maintained by such an establishment only under the following conditions: (1) The service of alcohol is limited to five or fewer beer taps. (2) The establishment must gain approval from the fire marshal and building official in accordance with applicable codes. (3) The licensee shall not allow consumption by any individual to exceed 48 ounces within a calendar day. 153 Section 11, Item A. (4) The hours during which beer may be sold or consumed on the premises are limited to Monday through Saturday, from 9:00 a.m. until 10:00 p.m. (5) The establishment must meet the other qualifications and comply with the other provisions on this chapter that govern on-premises consumption dealers. (6) A limited tap establishment is not eligible to also hold a package or BYOB license. (d) Courtyard market license: Allows owner or property manager of a commercial or retail center that meets the requirements of a courtyard market to hold events or have free-standing vendors sell or serve alcohol within a designated courtyard area on the licensed premises without being required to obtain a separate special event alcohol permit. The applicant for a courtyard market license shall show by plat or survey, submitted with the license application, the physical delineation of the area in which alcoholic beverages will be sold, consumed, and stored and such area shall be included as part of the premises as defined in this section. Licenses to sell alcoholic beverages for consumption on-premises as a courtyard market may only be issued to the owner or property manager of the courtyard market. (de) Special events facility license. (1) Where staff for a special events facility, or contractors hired by that facility who are not separately licensed alcoholic beverage caterers, will be dispensing or serving alcohol, the special events facility must obtain a separate license for on-premises consumption. (2) Where a caterer is hired and separately licensed, and where that caterer will be the only entity dispensing or serving alcohol, the special events facility need not obtain a separate license for on-premises consumption. (3) In order to be eligible for a consumption on-premises license, a special events facility must: a. Be available to public or private groups of persons; b. For monetary consideration on a rental, fee, percentage, or similar basis, be used primarily for special occasions, including but not limited to, receptions, meetings, banquets, conventions, parties, catered events, or similar gatherings; and c. Be open to or attended by invited or selected guests or paying patrons; or d. Be a sports complex situated in conformance with the city's zoning ordinances. ( Ord. No. 20-12-462 , § 1(Exh. A), 12-21-2020) Secs. 4‐78—4‐83. ‐ Reserved. Sec. 4‐84. ‐ Brewpubs. A limited exception to the provisions of this chapter which implement and enforce the three-tier system for the manufacture, distribution and sale of beer established under state law shall exist for owners and operators of brewpubs, subject to the following terms and conditions: (a) No individual or person shall be permitted to own or operate a brewpub without first obtaining a proper brewpub license from the city council and payment of appropriate fees pursuant to the procedures set forth in this chapter, and each brewpub licensee shall comply with all other applicable state and local license requirements. (b) In calculating the total annual gross food and beverage sales for any such establishment for the purpose of determining whether the establishment constitutes an eating establishment as defined herein and by state law, neither barrels of beer sold to licensed wholesale dealers for distribution to retailers, as authorized pursuant to O.C.G.A. § 3-5-36(2)(D), or retail sales by the package or growler or crowler, shall be included. 154 Section 11, Item A. (c) A brewpub licensed under this chapter may engage in the retail sale of beer for off-premises consumption, so long as beers sold by the package by the brewpub are manufactured on site, subject to the limitations of state law and this section. (d) A brewpub license authorizes the holder of such license to: (1) Manufacture on the licensed premises not more than 10,000 barrels of beer in a calendar year; (2) Sell directly to the public on its licensed premises up to 3,000 barrels of beer manufactured on such licensed premises per year provided that any such sales by the package directly to consumers shall not exceed a maximum of 288 ounces per consumer per day. (3) Operate a restaurant that shall be the sole retail outlet for such beer provided directly for on-premises consumption (not through a wholesaler). Such outlet may offer for sale any other alcoholic beverages produced by other manufacturers which are separately authorized for consumption on-premises by this article, including beer, wine and liquor, provided that such alcoholic beverages are purchased from a licensed wholesaler for consumption on- premises only; and, provided, further, that in addition to draft beer manufactured on the premises, each brewpub licensee shall offer for sale commercially available canned or bottled beer from licensed wholesalers for consumption on-premises only. (4) Such retail sales are permitted on the days and at the times that the retail sale of beer for consumption on-premises or by the package, as applicable, is authorized for other retailer licensees under this chapter. Under no circumstances shall such beer be sold by a licensed brewer to a licensed retailer or on-premises consumption retailer for the purpose of resale. (5) Notwithstanding any other provision of this section, the holder of a brewpub license is authorized to sell up to a maximum of 5,000 barrels annually of beer manufactured on the premises to licensed wholesale dealers for distribution to retailers and on-premises consumption retailers (6) Be issued a tasting license. The holder of a hybrid license will receive an ancillary tasting license at no additional cost. (e) Notwithstanding the foregoing provision, possession of a brewpub license shall not prevent the holder of such license from obtaining another license authorized under this chapter for the same premises. (f) A brewpub licensee shall not offer or permit any free sampling of beer by its patrons on the premises, except pursuant to the terms of its tasting license. (g) A brewpub licensee shall pay all state and local license fees and excise taxes applicable. (h) For the purposes of this section, the term "barrel" means 31 gallons of beer. (i) Except as set forth in this section, a brewpub license holder shall be subject to all provisions of this chapter. ( Ord. No. 20-12-462 , § 1(Exh. A), 12-21-2020) Sec. 4‐85. ‐ Farm wineries. (a) Any duly licensed farm winery may make retail sales of its wine, other Georgia wines, and wines produced or shipped from out of state as permitted under state law in an approved tasting room on the premises of the farm winery without additional license requirements. Nothing in this section shall be deemed to prohibit a farm winery from obtaining appropriate licenses or permits to allow special events on its premises and provide alcohol in conjunction with such licenses or permits as permitted by state law and city ordinances. 155 Section 11, Item A. (b) To obtain and maintain a license, a farm winery must be in compliance with chapter 64 of the City of Milton Code of Ordinances. (c) Permitted sales. A farm winery may sell its wine, other Georgia wines, and wines produced or shipped from out of state as permitted under state law at retail for consumption on-premises or in closed packages for consumption off-premises inside or adjacent to athe approved tasting room not to extend beyond 20 feet from the approved tasting room in any direction. or other facility on the premises of the winery for consumption on-premises and in closed packages for consumption off-premises. Other sales of alcohol may be as permitted by state law and city ordinances. (d) Tastings. Offering of samples free of charge shall require an ancillary tasting licenseThe holder of a hybrid license will receive an ancillary tasting license at no additional cost. (e) Licensee qualifications. The qualifications for the license for sale by farm winery tasting room shall be the same as set forth in this section. (f) Licenses issued. The alcoholic beverage licenses which are issued to farm wineries under a farm winery license issued under this chapter are: (1) Wholesaler of farm winery production. A farm winery shall be granted a wholesale license for sale and distribution as provided by O.C.G.A. § 3-6-21.1. Such license shall be issued upon application and payment of established fees and upon presentation of a receipt for payment of the state annual license tax as provided by the referenced code provisions in this section. (2) Retail package sales of wine. All sales shall be by and through the approved farm winery tasting room. at the site which said license is issued. (3) Farm winery tasting room for consumption on-premises sales of wine. Each license for the sale of wine for consumption on-premises shall require that all consumption shall be conducted inside, or adjacent to the approved tasting room (consumption shall not to extend beyond 20 feet from the approved tasting room in any direction). at the farm winery site for which said license is issued. This site shall include any wedding or dining facilities associated with the farm winery. Except as specifically set forth in this article, all such licenses remain subject to all other provisions of this chapter that govern on-premises consumption. (4) Multiple farms winery licenses. A farm winery may apply for and, if approved, may be issued multiple farm winery licenses as provided in this section for any single site. At the primary farm winery facility where the wine is produced, such site may be licensed for wholesale, retail package sales and consumption on-premises sales. For any site other than the primary farm winery facility where the wine is produced, up to the maximum number of such sites as may be permitted by state statute, such site may be licensed for retail package wine sales and consumption on- premises. (45) Special event alcohol permit or events facility license. Nothing in this section shall be deemed to prohibit a farm winery from obtaining appropriate licenses or permits to allow special events on its premises and provide alcohol in conjunction with such licenses as permitted by state law and city ordinances. (g) Ratio of sales. There shall be no specified or required ratio of alcohol sales to any other income for farm winery operations. (h) Hours and days of sale. Farm wineries shall be permitted to operate sell by the package, consume on-premises, and offer tastings only during the following hours and days of the week, as indicated (unless altered by the terms of a conditional use permit): (1) Monday through Saturday, from 911:00 a.m. until 108:00 p.m. (2) Sunday from 12:30 p.m. until 107:00 p.m. (3) The licensed business shall open its business each day it is open by not later than 5:00 p.m. 156 Section 11, Item A. (i) Applicable provisions. The provisions of this chapter regarding qualifications of the licensee and other matters shall apply to the issuance of the license for sale by a farm winery tasting room and the operation thereof. (j) Licensing limitations. The tasting license created in accord with this article shall be limited to the approved farm winery tasting rooms on-site, licensed by the State of Georgia in accord with O.C.G.A. § 3-6-21.1 et seq., and the licensee shall be permitted to perform only acts allowed in accord with such statutes. No license is hereby created authorizing any other tasting use. (k) Renewals. All applications for renewal of a farm winery license or licenses shall be accompanied by a copy of the current state license. Failure to present a valid copy of a current and valid state license may result in a refusal to renew the license. In addition, the licensee must provide a copy of the renewed State license by January 31st annually, ( Ord. No. 20-12-462 , § 1(Exh. A), 12-21-2020) Sec. 4‐86. ‐ Sunday sales. This license requires compliance with the requirements of state law with respect to the sale of alcoholic beverages on Sunday, and payment of the applicable fee. A separate Sunday sales license will be required for consumption on-premises licenses and consumption off-premises licenses. ( Ord. No. 20-12-462 , § 1(Exh. A), 12-21-2020) Sec. 4‐87. ‐ Alcoholic beverage caterers. (a) License and permit requirements for resident alcoholic beverage caterers. (1) Any licensed standard on-premises consumption retailer or licensed off-premises package retailer qualified under state law off-premises or on-premises alcohol beverage licensee within the city may apply for an alcoholic beverage catering license that, when utilized in compliance with state law and upon receipt of a catered event permit, permits the transport, delivery and sale of alcoholic beverages for service and consumption at private functions on private property, at duly licensed special events and at assembly halls or special events facilities. (2) Each catering license, authorized herein, shall be valid through December 31 for the year for which they are issued. The fee for each license shall be set by resolution of the mayor and city council, and this fee shall remain in effect until modified or amended by subsequent resolution. (b) It shall be prohibited for any person to engage in, carry on or conduct the sale or distribution of alcoholic beverages off-premises and in connection with the catered event or function without first having obtained a license and event permit as provided herein and as regulated by state law and the Georgia Department of Revenue. (c) Catered event permit approval. In order to distribute or sell beer, wine or liquor to or at a catered function within the city, a licensed alcoholic beverage caterer shall file an application for a catered event permit with the city manager or his or her designee. The application shall include the name of the caterer, the name, date, address and time of the event, the caterer's state and local license numbers and expiration dates, the quantity and type of alcoholic beverages to be transported and any other information the city deems necessary to review a request for such approval. There will be an annual fee set by city council for applications filed by resident caterers. Non-resident caterers must include with the application a copy of the caterer's current alcohol license and server permits from the non-resident caterer's home jurisdiction. For non-resident caterers, the fee for each permit shall be established from time to time by the mayor and city council as authorized by O.C.G.A. § 3-11-3 (or such fee as may be authorized by any future amendment or revision thereto). (d) A copy of the local and state alcoholic beverage catering licenses as well as the original catered event permit shall be kept in the vehicle transporting the alcoholic beverages to the catered event or function. 157 Section 11, Item A. (e) It shall be prohibited for a licensed alcoholic beverage caterer to distribute, sell, or otherwise dispense alcoholic beverages off-premises except as authorized by the alcoholic beverage catering license and catered event permit. A licensed alcoholic beverage caterer may sell or otherwise dispense only that which is authorized by its alcoholic beverage license. For example, if the alcoholic beverage caterer possesses a valid license to sell beer, it may sell or otherwise dispense only beer at the authorized catered event or function. (f) Bartenders and/or servers for licensed alcoholic beverage caterers must meet all state and local laws, age restrictions, and must obtain a server/seller alcohol permit required for alcohol. (g) Sunday sales. An alcoholic beverage caterer wishing to cater an event or function on Sunday must possess a valid Sunday sales license and comply with the requirements of state law with respect to the service of alcoholic beverages on Sunday. (h) Excise taxes are imposed upon the sale of alcoholic beverages by resident caterers as provided in this chapter. Excise taxes are imposed upon the total of individual alcoholic beverages served by a non-resident caterer in the amount set forth in this chapter and shall be paid within 30 days after the conclusion of the catered event or function. ( Ord. No. 20-12-462 , § 1(Exh. A), 12-21-2020) Sec. 4‐88. ‐ Bring your own beverage (BYOB) license (on‐premises licensees). (a) A "bring your own beverage" license is available to allow an otherwise qualified establishment upon a successful application and payment of appropriate fees to permit a patron to bring into the establishment unopened beer and/or wine for consumption on-premises. A BYOB license may be issued to eating establishments that hold a standard on-premises consumption licenses as well as to approved establishments that are not licensed to sell or serve alcoholic beverages. Notwithstanding any other contrary provision of this chapter, a BYOB license may be issued and maintained at an approved establishment only under the following conditions. (1) The hours during which BYOB is allowed are limited to Monday through Saturday, from 9:00 a.m. until one hour before close, but no later than 1:00 a.m.. Sunday from 121:300 pa.m. until one hour before close, but no later than 10:00 p.m. if the establishment qualifies as an eating establishment. Hours for establishments with no existing alcohol beverage license If the establishment does not qualify as an eating establishment, are limited to Monday through Saturday from 9:00 a.m. until one hour before close, but no later than 10:00 p.m. aAlcoholic beverages may not be brought onto the premises of the establishment by patrons on Sundays. (2) Prohibited at any establishment other than (1) a standard consumption on-premises license holder or (2) no alcohol beverage license. Off-premises retailers who do not also hold an on-premises consumption license are not permitted to allow patrons to bring alcoholic beverages onto the premises for consumption and are not eligible to obtain a BYOB license. (3) Establishments that also hold an on-premises consumption license shall pay the same BYOB license fee as other BYOB establishments. but will not receive a separate BYOB license. Instead, the BYOB approval will be noted on their on-premises license. (4) Establishments that do not otherwise serve or sell alcohol and meet all requirements for a BYOB license under this chapter will receive a separate BYOB license. BYOB licenses may only be issued to establishments in a zoning district that allows such use. (5) For purposes of this section, the term BYOB establishment shall not include a private hotel room or other similar guest room or a private club. (6) Further requirements and prohibitions for an establishment holding a BYOB license include the following: 158 Section 11, Item A. a.The establishment may not sell liquor by the package. b.The licensee must have an established policy pertaining to BYOB practices and may in its discretion charge a corkage fee and have available, either for a fee or not, barware such as glasses, ice buckets and bottle openers for the patrons' use. c.With the exception of situations where a patron has rented an entire section of the premises for a private function, BYOB beverages are limited to beer and wine. d.No alcohol may be brought onto the premises of a BYOB licensed establishment or consumed by a patron under 21 years of age. e.No alcohol may be brought onto the premises by a patron less than one hour prior to closing. f.All alcohol brought onto the premises by a patron must be removed from the premises or disposed of by the patron. g.Any beer or wine opened and not completely consumed at a business establishment pursuant to a BYOB license shall be properly disposed of and not kept on the premises. h.Employees of the establishment/licensee are prohibited from handling any patron's alcohol unless removing it to dispose of it. If a patron leaves the alcohol on the premises, it must be disposed of and not allowed to remain on the premises. ( Ord. No. 20-12-462 , § 1(Exh. A), 12-21-2020) Sec. 4‐89. ‐ Limited food service restaurant license. A supplemental limited food service restaurant license is required to sell alcohol for consumption on- premises at a limited food service restaurant. A limited food service restaurant must derive at least 30 percent of its total annual gross food and beverage sales from the sale of prepared meals or food. Limited food service restaurant do not qualify to sell alcoholic beverages on Sundays and may not obtain a Sunday sales license. ( Ord. No. 20-12-462 , § 1(Exh. A), 12-21-2020) Sec. 4‐90. ‐ Restaurant package sale license. (a)Sale of beer and/or wine for consumption off-premises sold by a restaurant licensed for on-premises consumption is subject to the following provisions: (1)Beer and/or wine shall be properly labeled in accordance with this chapter and state law; (2)Beer and/or wine purchases may only be made in conjunction with a food purchase; (3)No more than one bottle of wine and/or one package of beer may be sold to a legally aged patron (desire to sell more than this quantity will require a retail package license); and (4)The price of beer and/or wine for consumption off-premises must be the same as the price for beer and/or wine consumed on premises. (b)Wine that has been opened for consumption on the premises may be removed from the premises by the patron only when the licensee has complied with the "Merlot to Go" provisions of section 4-134 of this chapter and state law governing the same. This subsection does not apply to beer that has been opened for consumption on the premises; (c)Sales of beer and/or wine by the package may only be processed by employees or agents authorized by the licensee and meeting the qualifications of this chapter to sell alcoholic beverages; (d)Nothing in this section shall authorize, permit, or otherwise allow an on-premises consumption retailer to obtain a license as an off-premises liquor retailer. 159 Section 11, Item A. (e) Notwithstanding any of the provisions of this section, on-premises consumption retailers shall not sell beer or wine by the package for carryout purposes: (1) On any day or at any time when the sale of package beer or wine for carryout purposes is otherwise prohibited by law; or (2) At any location which is within distances to grounds or buildings where the sale of alcoholic beverages for carryout purposes is otherwise prohibited by law. ( Ord. No. 20-12-462 , § 1(Exh. A), 12-21-2020) Sec. 4‐91. ‐ Craft beer and/or wine market license. A craft beer and/or wine market license is available to a qualified establishment in conjunction with application and payment of appropriate fees to allow sales by the package and for consumption on- premises of craft beer and/or wine. Such license is available to an otherwise qualified establishment under the following conditions: (a) The establishment shall offer a minimum of 50 different beer and/or wine selections. (b) The establishment must meet the quantity restrictions and/or requirements as set forth in this chapter and specified by state law. The establishment shall meet all distance requirements for a consumption on-premises license as well as an off-premises beer and/or wine package license. (c) The primary purpose of the establishment must be one of the following: (1) the sale of craft beers and/or wine for consumption off-premises or (2) the sale of craft beers and/or wine for consumption off-premises in conjunction with the sale of prepared food and/or groceries. The establishment shall: (1) Have an interior floor space of which 60 percent or more is devoted to retail sales of craft beers and/or wine for consumption off-premises, food preparation, or grocery sales including shelving and displays; and (2) Maintain 60 percent of gross sales derived from retail package craft beer and or wine for off-premises consumption, prepared food and meals, groceries, or any combination thereof. (d) Sales of craft beers and wines may be for consumption on-premises and/or package (including growlers or crowlers). Although a craft beer and/or wine market is required to apply for a growler/crowler license in order to sell growlers or crowlers, the license fees for any such growler/crowler license will be waived for such establishments. (e) Craft beer and/or wine markets shall be permitted in areas currently zoned to allow for both on- premises and off-premises consumption and shall meet all distance requirements for both types of licenses. (f) Craft beers and wine consumed on the premises of a craft beer and/or wine market shall only be opened by the licensee or an employee of the craft beer and/or wine market. Craft beers and wine to be consumed on-premises shall not include growlers or crowlers or packaged beer. (g) No open containers of beer or wine shall be removed from the licensed premises unless otherwise specifically permitted by this chapter. (h) The sale of food is expressly permitted in a craft beer and/or wine market provided all applicable laws and regulations are complied with. (i) The hours during which beer and wine may be sold or consumed on the premises are limited to Monday through Saturday, from 9:00 a.m. until 10:00 p.m. (j) The craft beer and/or wine market license is a supplement to, and not a substitute for, the off- premises sales license that would be required for such establishment. An ancillary tasting license will also be required if tasting events will be held. 160 Section 11, Item A. (k) The establishment must gain approval from the fire marshal and building official in accordance with applicable codes. ( Ord. No. 20-12-462 , § 1(Exh. A), 12-21-2020) Sec. 4‐92. ‐ Growlers or crowlers. (a) The sale of growlers or crowlers requires a separate growler/crowler license. Brewpubs, craft beer and/or wine markets, eating establishments and restaurants may be licensed to sell growlers or crowlers if they meet all other requirements to hold an off-premises beer and/or wine package license. Establishments that sell liquor by the package are prohibited from also selling growlers or crowlers. (b) The filling of growlers or crowlers by means of a tapped keg shall not constitute the breaking of a package as contemplated by O.C.G.A. § 3-3-26 or this section. (c) Growlers or crowlers may only be filled from kegs procured by the licensee from a duly licensed wholesaler. (d) Only professionally sanitized and sealed growlers or crowlers may be filled and made available for retail sale. (e) Each growler or crowler must be securely sealed and removed from the premises in its original sealed condition. (f) As with any other off-premises package license, unless the licensee holds a separate on-premises consumption license, consumption on-premises is strictly prohibited. ( Ord. No. 20-12-462 , § 1(Exh. A), 12-21-2020) Sec. 4‐93. ‐ Ancillary tasting. (a) Ancillary tasting license. The holder of a hybrid or manufacturing license will receive an ancillary tasting license as part of its hybrid license at no additional cost. The holder of an off-premises retail license, manufacturing license or hybrid license may be eligible for a separate ancillary tasting license to provide samples of beer and/or wine it offers for sale by the package to patrons upon meeting all of the requirements specified in this chapter and paying the required fees. An ancillary tasting license may be utilized at an approved establishment only under the following conditions: (1) Sampling in a retail package store shall be on limited occasions when a patron requests a sample offered for sale within the premises or in conjunction with education classes and sampling designed to promote beer and/or wine appreciation and education. (2) Beer and/or wine tasting for patrons in a retail package store shall only be conducted at a counter area constituting no more than ten percent of the entire floor area of the premises. (3) Sampling for patrons shall not exceed two ounces per sample of beer/wine or one-half ounce of liquor, and no patron shall consume more than eight ounces of beer/wine or two ounces of liquor (or any proportional combination of the two)during a calendar day in any two-hour period. a. No patron shall consume more than one type of alcohol at a tasting during a calendar day. b. Liquor tasting are restricted to distilleries and micro-distilleries only. (4) Bottles shall be opened only by the licensee or an employee, and samples shall only be poured by the licensee and/or an employee. (5) No open containers of beer and/or wine shall be removed from the licensed premises. 161 Section 11, Item A. (6) The holder of an ancillary tasting license may conduct educational classes and sampling for classes. All conditions of sampling set forth in this section shall apply to such classes, except for the limitation on floor areas where the classes can be conducted. (7) Sampling and tasting is permitted within the enclosed portion of the premises. Sampling and tasting may be allowed in open areas, sidewalks, decks, patios, or similar unenclosed spaces on or about the premises of an establishment if written application is made to and approved by the city manager, or his or her designee, under such conditions as the city manager, or his or her designee, may deem appropriate for the protection of public health, safety and welfare including, but not limited to, maximum capacity, ingress and egress. The provisions of this article shall not be deemed to abrogate or otherwise impact any state law or local ordinance pertaining to public drunkenness, disorderly conduct, or similar laws. (8) The hours during which tastings may be conducted are limited to: a. Retail package stores: Monday through Saturday, from 9:00 a.m. until 10:00 p.m. b. Manufacturer license and hybrid license holders: must comply with hours of operation as outlined for each type of establishment. (9) This section is intended to be interpreted as a supplement to, and not to interfere with the requirements of, O.C.G.A. § 3-15-2. ( Ord. No. 20-12-462 , § 1(Exh. A), 12-21-2020) a Sec. 4‐94. ‐ Temporary alcoholic beverage licenses. (a) Authority. The city manager is authorized to issue temporary licenses for the sale of alcoholic beverages, either beer, wine and/or liquor, subject to the conditions set forth in this section. (b) Not to exceed 90 days; requirements. Temporary licenses may be issued for such period as may be determined by the city manager, not to exceed 90 days. No such license shall be issued unless: (1) An application for a license is filed with the city manager and payment in full of the fee thereof has been deposited with, and cleared, the city's financial institution. (2) The city manager is satisfied that the location for the proposed license substantially complies with the provisions of this chapter authorizing such license in the city. (3) The denial of a temporary license would create undue hardship upon the applicant, such as the closing of an existing business or delaying of the opening of a new business. (4) There is an agreement by the applicant that the temporary license may be revoked, with or without cause, by the city manager at any time. (c) Fee. The fee for issuance of a temporary license under this section shall be established from time to time by the city council. (d) Extension of temporary license. If, at least three business days prior to the expiration of a temporary license, the applicant requests and explains why an extension is needed, and the city manager finds the factual circumstances surrounding the request to support the granting of an extension; the city manager is authorized to extend the period of the temporary license up to an additional 60 days and charge an additional temporary license fee. Should an applicant have reason to seek an extension beyond the first extension of an additional 60 days and the city manager finds the factual circumstances surrounding the additional extension request to support the granting, then the city manager shall present the request to city council for consideration and approval or denial at the next regular session of city council. (e) No bearing on decision for license. The grant or denial of a temporary license under the provisions of this section shall not affect or have any bearing upon the grant or denial of a license. The city shall not 162 Section 11, Item A. be liable to the applicant if, for any reason, a license is not issued either prior to the expiration of the temporary license or not issued at all. ( Ord. No. 20-12-462 , § 1(Exh. A), 12-21-2020) DIVISION 3. ‐ SPECIFIC REQUIREMENTS FOR CERTAIN PERMIT TYPES Sec. 4‐95. ‐ Special event alcohol permits. (a) For existing consumption off-premises and/or on-premises licensed establishments that hold an alcoholic beverage catering license. A special event alcohol permit may be issued to any establishment licensed to sell alcoholic beverages for consumption off-premises or on-premises to allow such establishment to sell alcoholic beverages for sale or consumption within the fixed boundaries of the physical area where a special event is held; provided the term of such permit shall not exceed the time permitted by the approved special event permit issued under chapter 64. The licensee must submit an application and pay the required non-refundable fee, and, in relation to the special event alcohol permit, shall be required to comply with all licensing requirements associated with its consumption off- premises or on-premises license with the exception of the full-service kitchen requirement. Notwithstanding any other term or prohibition in this chapter, the holder of the special event alcohol permit may be authorized, upon terms and conditions identified by the city manager, to pour alcohol at the special event and allow open container consumption within the fixed boundaries of the physical area where the special event is to be held. An establishment that holds a current on-premises consumption license may not receive a special event alcohol permit for package sales for off-premises consumption. (b) For non-profit civic organizations. A special event alcohol permit may be issued to any non-profit organization for a period not to exceed the time permitted by the approved special event permit issued under chapter 64. The applicant must submit an application and pay the required non-refundable processing fee and shall be required to comply with all licensing requirements for a consumption on- premises establishment with the exception of the full-service kitchen requirement. Notwithstanding any other term or prohibition in this chapter, the holder of a special event alcohol permit may be authorized, upon terms and conditions identified by the city manager, to pour alcohol at the special event, sell sealed packaged beer and/or wine for off-premises consumption, and allow open container consumption within the fixed boundaries of the physical area where the special event is to be held. In the event that open container consumption is so authorized within the fixed boundaries of the physical area where the special event is to be held, any other holder of a consumption on-premises license whose licensed premises is located entirely within the fixed boundary of the special event site shall likewise be authorized to allow open container alcohol consumption within the special event boundary. This open container consumption accommodation shall only be authorized, if at all, during the term of the special event. (1c) [Pouring Permit not required.] Any employee or volunteer of a non-profit special event alcohol permit, working the special event in any position dispensing, selling, serving, taking orders or mixing alcoholic beverages shall not be required to obtain an alcohol seller/server permit for the special event, provided that no person under 18 years of age may dispense, serve, or take orders for alcoholic beverages. (2d) [Special event criteria.] The special event must meet the following criteria prior to the issuance of a special event alcohol permit: (1a) The event must have been permitted as an approved special event, as described in chapter 64, prior to the issuance of a special event alcohol permit. (b2) The special event must be associated with and benefit the cause of a non-profit charitable or civic organization. (e) Not to be issued for BYOB. BYOB is not allowed at any special event as defined in this chapter. 163 Section 11, Item A. (f) Chief of police's authority to revoke. The chief of police or his or her designee may immediately revoke any special event alcohol permit if it is determined continued alcohol sales may endanger the health, welfare, or safety of the public. (g) Indemnification required. As a condition on the issuance of a special event alcohol permit, the licensee shall indemnify and hold the city harmless from any and all claims, demands, or causes of action that may arise from activities associated with the special event. ( Ord. No. 20-12-462 , § 1(Exh. A), 12-21-2020) Sec. 4‐96. ‐ Grand opening/annual promotion permit. (a) Any establishment licensed to do business in the city and meeting all other location requirements to be open to the public may apply for a grand opening/annual promotion permit. Such permit allows the holder to provide beer and wine for consumption on-premises of its business establishment for a single four-hour period in any given year for the purpose of celebrating the business whether for a grand opening, anniversary, or other event. The establishment must abide by all other provisions of this chapter, including prohibitions against providing alcohol to minors and intoxicated patrons. The establishment may not receive money or donations for the alcohol served in accordance with such a permit. (b) Employees or volunteers of the grand opening/annual promotion permit, working the event in any position in any position dispensing, serving, taking orders, or mixing alcoholic beverages shall not be required to obtain an alcohol seller/server permit for the special event, provided that no person under 18 years of age may dispense, serve, or take orders for alcoholic beverages. ( Ord. No. 20-12-462 , § 1(Exh. A), 12-21-2020) Sec. 4‐97. ‐ Public facilities event alcohol permit. (a) Notwithstanding any other provision of this chapter to the contrary, a limited exception to allow the consumption of alcoholic beverages on public property shall exist for that person or entity possessing a public facilities event alcohol permit, as hereinafter defined. (b) For all purposes of this section, "public facilities" shall mean all facilities owned or leased by the city, except: (1) Any fire station; and (2) Any public safety facility. (c) Any person or entity desiring to engage in activities licensed by this section, shall make written application to the city manager or his or her designee for the appropriate public facilities event alcohol permit on forms prescribed by the city. All applications shall be accompanied by a public facilities event alcohol permit fee as established by the city council. Further, all applicants shall be required to provide a release and meet any other requirements established by the city manager as conditions of obtaining the public facilities event alcohol permit. (d) The city manager or his or her designee shall consider the following factors in determining whether to approve or deny an application for a public facilities event alcohol permit: (1) Expected time period in which the event will occur; (2) Whether the event will occur during daylight hours; (3) The number of people expected to attend the event; (4) Other activities scheduled to occur in the structure, facility or property at the time of the event; and 164 Section 11, Item A. (5) Any other factor weighing upon the health, safety or welfare of others. (e) If the application is denied, which denial shall be based upon the factors described above, or if the applicant withdraws the application prior to its approval, the license fee (without interest) shall be refunded. The application shall include but shall not be limited to: The name and address of the applicant, the date, address and times of the proposed event and the location of the public facility. All applications shall be sworn to by the applicant before a notary public or other officer authorized to administer oaths. (f) If such public facilities event alcohol permit is granted by the city manager or his or her designee, it shall be good only for the specified event at the specified address and times set forth in the application, not to exceed two days for a public park and one day for any other public facility. (g) A public facilities event alcohol permit for a public park shall permit the permit holder to serve and sell alcoholic beverages in a hospitality tent or similar structure previously approved by the fire marshal, and the alcoholic beverages may only be consumed on-premises of such hospitality tent or similar structure. (h) A public facilities event alcohol permit shall license the holder to serve and sell alcoholic beverages within the premises of the public facility. (i) A public facilities event alcohol permit shall only be issued to a caterer licensed under the provisions of this chapter, or to an individual who meets the character requirements of this chapter; provided, however, that no more than two permits per calendar year shall be issued to an individual who is not a licensed caterer. (j) The city manager shall have authority to prescribe forms for applications. Failure to furnish any requested data shall automatically serve to dismiss the application with prejudice. (k) Any untrue or misleading information contained in, or material statement omitted from, an original or renewal application for a public facilities event alcohol permit shall be cause for the denial or revocation thereof. (l) Except as set forth above in this section, a public facilities event alcohol permit holder must comply with all of the provisions set forth in this chapter. ( Ord. No. 20-12-462 , § 1(Exh. A), 12-21-2020) Sec. 4‐98. ‐ Catered event permit. See section 4-87. ( Ord. No. 20-12-462 , § 1(Exh. A), 12-21-2020) DIVISION 4. ‐ ADDITIONAL REQUIREMENTS FOR CERTAIN TYPES OF ALCOHOL SALES Sec. 4‐99. ‐ Package sales of distilled spirits. (a) No liquor by the package shall be sold at retail except in: (1) Retail establishments devoted exclusively to the retail sale of alcoholic beverages by the package; or (2) Retail establishments in which space has been set aside devoted exclusively to the retail sale of liquor by the package, with ingress and egress provided directly to and only to the exterior of the building in which the facility is located and not to any other enclosed part of the building in which the facility is located. 165 Section 11, Item A. (b) Nothing in this section shall prohibit the retail sale within these establishments of beer, wine, alcohol consumables, liquid commodities and/or mixes normally used in the preparation and serving of liquor. (c) Off-premises distilled spirits retailers shall indicate plainly, by tag or labels on the bottles or containers or on the shelf immediately below where the bottles or containers are placed, the prices of all liquor exposed or offered for sale. The retailer shall not display prices or brand names in such a way as to be visible from the outside of the establishment. ( Ord. No. 20-12-462 , § 1(Exh. A), 12-21-2020) Sec. 4‐100. ‐ Private clubs. (a) Private clubs may sell and dispense alcoholic beverages upon compliance with all applicable city ordinances and regulations governing the sale of such beverages and upon payment of such license fees and taxes as may be required by the existing ordinances, rules and regulations of the city. (b) No alcoholic beverage license shall be granted to a private club organized or operated primarily for the selling or serving of alcoholic beverages. (c) Veterans' organizations, fraternal organizations, and other nonprofit organizations currently having tax exempt status under either the United States Internal Revenue Code or the state income tax law shall not be required to operate a food establishment serving prepared food. However, any such organization selling or dispensing alcoholic beverages, or allowing BYOB, shall be subject to all ordinance regulations dealing with general licensing and consumption on-premises establishments. Unless specifically excepted, private clubs shall be governed by the same rules set forth in this chapter as other on-premises licensees. ( Ord. No. 20-12-462 , § 1(Exh. A), 12-21-2020) Sec. 4‐101. ‐ Hotels and in‐room service. (a) A hotel is eligible to obtain a consumption on-premises license only if the following requirements are met. The hotel must: (1) Be used and held out to the public as a place where food is served and consumed and sleeping accommodations are offered to guests or patrons for adequate pay; (2) Contain 50 or more rooms used for the sleeping accommodations of guests or patrons; and (3) Contain one or more public dining rooms, with adequate and sanitary full-service kitchen facilities. (4) A hotel may consist of a single building or may consist of two or more buildings located on the same premises and used in connection with the hotel operation. (5) A facility which is styled as a motel, motor lodge, inn, or other similar appellation may be licensed as a hotel if it meets the requirements of this chapter. (b) Notwithstanding any other provisions of this chapter to the contrary, any hotel (as the term "hotel" is commonly used and without regard to the requirements of this section), inn, or other establishment which offers overnight accommodations to the public for hire, may provide "in-room service" of alcoholic beverages if such establishment: (1) Holds a valid city consumption on-premises license; and (2) Has been authorized to provide in-room service by the state. (c) For the purposes of this section, the term "in-room service" consists of: 166 Section 11, Item A. (1) The delivery of alcoholic beverages in unbroken packages by an employee of the hotel to a registered guest's room or to a registered guest at any other location in the same building as the hotel when such alcoholic beverages have been ordered by the guest and when the guest shall be billed for the cost of such alcoholic beverages at the time of delivery and when the sale of such alcoholic beverages is completed at the time of delivery; and (2) The provision of a cabinet or other facility located in a hotel's guest room which contains alcoholic beverages and which is provided upon request of the guest and which is accessible by lock and key only to the guest and for which the sale of alcoholic beverages contained therein is final at the time requested except for a credit which may be given to the guest for any unused portion. (d) Except as otherwise provided in this section, in-room service of alcoholic beverages shall be subject to all restrictions and limitations in this chapter relative to the sale of alcoholic beverages. In-room service sales shall be authorized only on such days and only during such hours as provided for in this chapter for on-premises consumption. It shall be the responsibility of the licensee and its employees to ensure that any cabinet key for alcoholic beverages and any alcoholic beverages delivered to a room are provided only to someone who is above the legal drinking age of 21 years. (e) Liquor sold pursuant to this section shall not be sold in packages containing less than 50 milliliters each. (f) All alcoholic beverages sold pursuant to this section shall be purchased from a licensed wholesale dealer and shall be subject to all taxes imposed under this chapter, including the excise tax on the retail sale of by the drink of alcoholic beverages containing liquor. ( Ord. No. 20-12-462 , § 1(Exh. A), 12-21-2020) Sec. 4-102 -Liquor selling establishments (a) Must be in compliance with chapter 64, including the requirement of a warrant. (b) May not sell or offer to sell any of the following: 1. Tobacco, CBD or vape products 2. Lottery tickets 3. Games of chance 4. Video games Secs. 4‐1032—4‐105. ‐ Reserved. ARTICLE IV. ‐ OPEN CONTAINER AREAS IN SPECIAL DISTRICTS Sec. 4‐106. ‐ General provisions. The provisions of this article are intended to set forth exceptions and provisions applicable only to licensees whose establishments are located within the areas identified in the Crabapple District, Deerfield District, and Birmingham Crossroads District (as hereinafter defined) holding licenses to sell alcoholic beverages for consumption on-premises. Except as specifically set forth in this article, all such licenses remain subject to all other provisions of this chapter. 167 Section 11, Item A. ( Ord. No. 20-12-462 , § 1(Exh. A), 12-21-2020) Sec. 4‐107. ‐ Definition of special districts. For the purposes of this article only, the city's special districts are designated as follows: the Crabapple District, Deerfield District, and Birmingham Crossroads Districts (as shown in the attached maps) and are defined as follows: The area of the city identified as C1, MIX, T4, T4 Open, T4 Restricted, T5, T6, and adjacent CS transect zones in the applicable Form Based Code, excluding, in the Crabapple District, those parcels fronting Green Road and Arnold Mill Road. In the case of a licensed establishment whose main entrance is inside a special district, the entire licensed establishment shall be considered part of the special district, regardless of whether any portion of the licensed establishment is in a zoning district not included in the special district. ( Ord. No. 20-12-462 , § 1(Exh. A), 12-21-2020) Sec. 4‐108. ‐ Open container areas allowing outside consumption of alcoholic beverages. Notwithstanding any other provisions in this chapter, the following activities are specifically allowed within open container areas in the city's "special districts." (a) One drink on-street limit. Any establishment licensed to sell alcoholic beverages by the drink for consumption on-premises whose entrance is located in a special district is authorized to dispense an alcoholic beverage in a paper or plastic cup, or other container other than a can, bottle, or glass, for removal from the premises; provided, however, that no establishment shall dispense to any person more than one such alcoholic beverage at a time for removal from the premises, and no person shall remove at one time more than one such alcoholic beverage from the licensed premises. (b) Size limited to a maximum of 16 ounces. No container in which an alcoholic beverage is dispensed and removed from the licensed premises shall exceed 16 fluid ounces in size. No person shall hold in possession on the streets and sidewalks, in parks and squares, or in other public places within the defined area any open alcoholic beverage container which exceeds 16 fluid ounces in size. (c) Drinking from can, bottle, or glass prohibited. It shall be prohibited for any person to drink or attempt to drink any alcoholic beverage from a can, bottle, or glass, or to possess in an open can, bottle, or glass any alcoholic beverage on the streets, sidewalks, rights-of-way, and parking lots, whether public or private. (d) Purchase from licensed premises within defined districts. Alcoholic beverages consumed pursuant to this provision must be purchased from a licensed premisesconsumption on-premises establishment within the defined districts. A licensed premises will be deemed to be within the defined district if the entrance to the licensed premises is located within the district. ( Ord. No. 20-12-462 , § 1(Exh. A), 12-21-2020) Sec. 4‐109. ‐ No abrogation of other laws. The provisions of this article shall not be deemed to abrogate or otherwise impact any state law or local ordinance pertaining to public drunkenness, disorderly conduct, driving with an open container or under the influence of alcohol, or similar laws. ( Ord. No. 20-12-462 , § 1(Exh. A), 12-21-2020) 168 Section 11, Item A. Secs. 4‐110—4‐115. ‐ Reserved. ARTICLE V. ‐ ENFORCEMENT, REGULATIONS AND PROHIBITIONS, SELLER/SERVER PERMITS DIVISION 1. ‐ ENFORCEMENT. Sec. 4‐116. ‐ Enforcement by police department. Except as otherwise provided, the police department shall be responsible for the enforcement of the provisions of this chapter and applicable state law. ( Ord. No. 20-12-462 , § 1(Exh. A), 12-21-2020) Sec. 4‐117. ‐ Emergency suspension of sale and/or provision of alcoholic beverages. The city manager and chief of police are each authorized to suspend the sale and/or provision of alcoholic beverages under any license for any emergency situation when the official deems such suspension necessary for the protection of the public health, safety, or welfare. Such suspension may be made effective immediately and shall remain in force until the city manager or chief of police determines the emergency no longer exists or until the next meeting of the city council, at which time the city council shall decide whether the suspension shall cease or be extended. ( Ord. No. 20-12-462 , § 1(Exh. A), 12-21-2020) Sec. 4‐118. ‐ Inspection of licensed establishments. (a) Sworn officers of the police department shall have the authority to inspect establishments licensed under the city's alcoholic beverages ordinance during the hours in which the premises are open for business. These inspections shall be made for the purpose of verifying compliance with the requirements of this chapter and state law. (b) This section is not intended to limit the authority of any other city officer to conduct inspections authorized by other provisions of this chapter. ( Ord. No. 20-12-462 , § 1(Exh. A), 12-21-2020) Secs. 4‐119—4‐124. ‐ Reserved. DIVISION 2. ‐ OPERATING REGULATIONS Sec. 4‐125. ‐ Hours and days of sale. Alcoholic beverages shall only be permitted during the following hours and days of the week, as indicated for each respective license type: (a) Retail package beer and/or wine (off-premises consumption). Monday through Saturday 7:00 a.m. to 12:00 midnight. Sundays between the hours of 11:00 a.m. and 12:00 midnight with a valid Sunday sales license. (b) Retail package liquor or distilled spirits (off-premises consumption). Monday through Saturday 8:00 a.m. to 11:45 pm. Sundays between the hours of 11:00 a.m. and 12:00 midnight with a valid Sunday sales license. 169 Section 11, Item A. (c) Eating establishments, restaurants and other on-premises licenses not specifically designated in this section. Monday through Saturday, from 9:00 a.m. until 2:00 a.m. of the following day. Sunday from 11:00 a.m. until 2:00 a.m. of the following day; provided, however, any licensed establishment which serves alcohol on Sunday shall meet the minimum food sales requirements set forth under state law and possess a valid Sunday sales license. (d) Limited service restaurants. Monday through Saturday from 9:00 a.m. until 11:00 p.m. (ed) Ancillary tasting license and/or BYOB license. Monday through Saturday, from 9:00 a.m. until one hour before closing but no later than 1:00 a.m. Sundays between the hours of 11:00 a.m. and 10:00 p.m. (f) BYOB. Monday through Saturday, from 9:00 a.m. until one hour before close. Sundays from 11:00 a.m. until one hour before close, but no later than 10:00 p.m. if the establishment qualifies as an eating establishment. If the establishment does not qualify as an eating establishment, alcoholic beverages may not be brought onto the premises of the establishment by patrons on Sundays. (ge) Incidental service license, limited tap license, manufacturer license, craft beer and/or wine market, growler/crowler shops. Monday through Saturday from 9:00 a.m. until 10:00 p.m. Crowler/growler licensee may also serve on Sundays between the hours of 11:00 a.m. and 10:00 p.m. with a valid Sunday sales license. Incidental service license may serve on Sundays between the hours of 11:00 a.m. and 10:00 p.m. (hf) Farm winery. See sec 4-85 tasting license. Monday through Saturday, from 9:00 a.m. until 10:00 p.m. and Sunday from 11:00 a.m. until 12:00 midnight. (gi) Wholesalers. Monday through Saturday: 7:00 a.m. and 6:00 p.m. There shall be no sales of alcoholic beverages on Sunday by wholesalers. Unless otherwise provided for in this chapter, licensed premises shall close their premises to the public and clear the premises of patrons within 30 minutes after the time set in this section for discontinuance of the sale of alcoholic beverages on the premises. The licensed business shall open its business each day it is open by not later than 5:00 p.m. This section shall not apply to private clubs. ( Ord. No. 20-12-462 , § 1(Exh. A), 12-21-2020) State Law reference— Georgia Dept. of Rev. Regulations 560-2-3-.02. Sec. 4‐126. ‐ Maintenance and compliance of premises. (a) The licensed premises shall be kept clean and shall be in full compliance with all city regulations governing the conditions of the premises, including but not limited to, compliance with the applicable sections of this Code governing the conditions of premises used for the storage and sale of food for human consumption. (b) The licensee is required to maintain the exterior of the licensed premises, parking lot and all parts of the premises abutting public rights-of-way during all hours the business is open and to do an inspection of the premises within three hours after closing. The term "maintain" means keeping the defined areas free of bottles, cans, cups, trash and other litter. (c) All eating establishment and restaurant areas, including all tables, booths, and other areas where patrons are served and including all passageways for patrons, shall be kept clean and shall be sufficiently well illuminated so that they may be viewed by those on or about the premises. (d) The Fulton County Health Department is authorized to regularly inspect such licensed premises to determine that such licensed premises are in compliance with all county and state health rules and regulations and report any violations to the city manager or his or her designee. 170 Section 11, Item A. (e) City fire personnel are authorized to regularly inspect the premises to see that they are in compliance with all city, county, and state fire regulations and report any violation to the city manager or his or her designee. (f) The city community development department is authorized to regularly inspect the licensed premises to determine if the premises are in compliance with all technical codes of the city and county and report any violation to the city manager or his or her designee. (g) City police personnel shall periodically inspect the premises to determine if the licensed premises are in compliance with all provisions of this chapter and report any violation to the city manager or his or her designee. ( Ord. No. 20-12-462 , § 1(Exh. A), 12-21-2020) Sec. 4‐127. ‐ Advertising; signs; pricing. (a) No outdoor advertising or signs with respect to the promotions of the sale or service of alcoholic beverages, or the prices of such beverages, shall be permitted: (1) On the exterior of any retail package outlet; (2) On the premises of an on-premises consumption dealer; or (3) In the windows of any licensed establishment that may be viewed from outside. (b) No signs shall be erected anywhere in the city advertising or promoting the sale of alcoholic beverages, except that a store displaying its merchandise may in the same manner as such other merchandise is displayed, erect a sign indicating the counter on which the merchandise is displayed; provided the lettering of such signs does not exceed in size the lettering of such signs on other counters where other products are sold. The name, brand or type of alcoholic beverage served and the price per serving may be provided to patrons on a regular printed menu. (c) Alcoholic beverages may not be priced in any manner except as to single units or unbroken package quantities. ( Ord. No. 20-12-462 , § 1(Exh. A), 12-21-2020) Sec. 4‐128. ‐ Wholesaler and distributor registration and delivery requirements. All wholesalers or distributors shall register and pay appropriate fees with the city and comply with this chapter before they can sell or deliver any alcoholic beverages to any establishment in the city. Deliveries shall be made in a conveyance owned and operated by a wholesaler or distributor registered as set out in this chapter and shall at all times when deliveries are being made be subject to inspection by any and all duly authorized authorities of the city. Deliveries of any alcoholic beverages shall be limited to premises that are covered by a valid retail license. ( Ord. No. 20-12-462 , § 1(Exh. A), 12-21-2020) Sec. 4‐129. ‐ Storage of alcoholic beverages by retailers. All licensed retailers shall store all alcoholic beverages on the premises for which the license was issued, and at no other place. All alcoholic beverages shall be available at all times for inspection by authorized city officials. Any brand or type of alcoholic beverages found in any retailer's stock that was not delivered to the licensed premises by an authorized wholesaler or distributor shall be subject to immediate confiscation. 171 Section 11, Item A. ( Ord. No. 20-12-462 , § 1(Exh. A), 12-21-2020) Sec. 4‐130. ‐ Conflicts with wholesaler or manufacturer prohibited. No financial aid or assistance to any retail licensee hereunder from any wholesaler or manufacture of beer, wine or other alcoholic beverages shall be permitted. ( Ord. No. 20-12-462 , § 1(Exh. A), 12-21-2020) Sec. 4‐131. ‐ Requests for additional information. The city manager or his or her designee may request, from time to time, information concerning purchases and sales of alcoholic beverages from retailers and wholesalers. ( Ord. No. 20-12-462 , § 1(Exh. A), 12-21-2020) Sec. 4‐132. ‐ Single cans/bottles or other containers permitted for sale. Single cans or bottles or other containers of alcoholic beverages may be sold at retail. ( Ord. No. 20-12-462 , § 1(Exh. A), 12-21-2020) Sec. 4‐133. ‐ Tasting of samples by employees. Notwithstanding any contrary term or prohibition in this chapter, in any retail package liquor store in which alcoholic beverages are legally sold in unbroken packages, tasting of alcohol samples by retail dealers and their employees is permitted to the extent allowed by O.C.G.A. § 3-3-26. ( Ord. No. 20-12-462 , § 1(Exh. A), 12-21-2020) Secs. 4‐134—4‐139. ‐ Reserved. DIVISION 3. ‐ REGULATION OF EMPLOYEES; SELLER/SERVER PERMITS Sec. 4‐140. ‐ Licensee to identify employees involved with alcoholic beverages. It shall be the duty of the licensee to file with the city a list of the names, driver's license numbers, addresses and telephone numbers of all present employees who are involved with the sale and/or handling of alcoholic beverages. The list is due twice annually during the month of June and again during the month of December. ( Ord. No. 20-12-462 , § 1(Exh. A), 12-21-2020) Sec. 4‐141. ‐ Restrictions on employment of underage persons. (a) No licensee shall allow or require a person in such person's employment under 18 years of age to dispense, serve, sell, or take orders for any alcoholic beverages. It shall be prohibited for any person under the age of 18 years of age to dispense, serve, sell or take orders for any alcoholic beverages. All employees of retail package distilled spirits establishments must be at least 21 years of age. 172 Section 11, Item A. (b) This section shall not prohibit persons under 18 years of age who are employed in off-premises beer and/or wine package stores from selling or handling alcoholic beverages which are sold for consumption off-premises if there is, at all times during which any person under 18 years of age is working and during hours within which alcoholic beverages are sold, either the licensee or at least one employee over the age of 21 who has a valid alcohol permit and who is serving in a managerial capacity on the premises inside the building within which the alcoholic beverages are sold. (c) In the event a licensee employs persons under 21 years of age who will or may sell or handle alcoholic beverages, all such employees shall require proper age identification of any person attempting to purchase alcoholic beverages. ( Ord. No. 20-12-462 , § 1(Exh. A), 12-21-2020) Sec. 4‐142. ‐ Alcohol seller/server permits required; application process and conditions; appeals; training. The following regulations shall apply to all establishments holding an alcoholic beverage license other than non-profit special event alcohol permits and grand opening/annual promotion permits: (a) No person shall be employed or allowed to dispense, sell, serve, take orders, mix alcoholic beverages, or serve in any managerial position, by an establishment holding a license under this chapter until such person has been cleared by the chief of police or his or her designee, indicating that the person is eligible to hold an alcohol seller/server permit. (b) This section shall not be construed to include volunteer groups with nonprofit tax-exempt status from the Internal Revenue Service whose volunteer efforts financially benefit a nonprofit organization with no direct financial benefit, either by wages, tips or donations, to the individual volunteer. However, no volunteer under the age of 18 years shall be allowed to dispense, sell, serve, take orders or mix alcoholic beverages. Employees of a licensed establishment whose duties are limited solely to those of busboy, cook, or dishwasher shall also be excluded from this section. (c) No alcohol seller/server permit shall be issued until such time as a signed application has been filed with the city police department and upon paying a fee which shall be established by the city council, and a search of the criminal record of the seller/server is completed. The application shall include, but not be limited to, name, date of birth, and social security number. These applications and the resulting criminal investigative report shall be regarded as confidential and shall not be produced for public inspection without a court order. (d) The chief of police or his or her designee shall have a complete search made relative to any police record of the seller/server seeking a permit. If there is no record of a violation that would preclude the individual from selling or serving alcohol under this chapter, the chief of police or his or her designee shall approve the issuance of a permit to the person, stating that the person is eligible for sales and service of alcohol at the licensed location. If it is found that the person is not eligible, the chief of police or his or her designee shall notify the person, in writing, that he or she not eligible for an alcohol seller/server permit from the city, of the cause of such denial, and of the individual's right to appeal. Appeals shall be filed with the city manager and heard by the city council. (e) Crimes preventing the possession of an alcohol seller/server permit: Any individual seeking an alcohol seller/server permit shall submit to fingerprinting as part of a background investigation by the police department in connection with the application for the permit. No person shall be granted an alcohol seller/server permit who has, within five years of the date of applying for said permit, been convicted of or pled guilty or entered a plea of nolo contendere to any crime involving: moral turpitude, illegal gambling, felony possession or sale of controlled substances, illegal possession or sale of alcoholic beverages (including sale or transfer of alcoholic beverages to minors in manner contrary to law), keeping a place of 173 Section 11, Item A. prostitution, pandering, pimping, public indecency, prostitution, solicitation of sodomy, or any sexual related crime. No person shall be granted an alcohol seller/server permit who, at the time of applying for an alcohol seller/server permit, is then on parole or probation for any of the criminal offenses identified in this subsection. No person shall be granted an alcohol seller/server permit who has been convicted, plead guilty or entered a plea of nolo contendere to any federal, state, or local law for any felony within five years of the date of conviction and has not been released from parole or probation prior to the filing for application for such permit. For purposes of this chapter, a conviction or plea of guilt or nolo contendere shall not be considered as to any offense for which defendant who was allowed to avail himself or herself of the state first offender provisions, O.C.G.A. § 48-8-98 et seq.; provided, however, that any such offense shall not be ignored where the defendant violated any term of probation imposed by the court granting first offender treatment or committed another crime and the sentence in court entered an adjudication of guilt as to the crime for which the defendant had previously been sentenced as a first offender. (f)An alcohol seller/server permit shall be issued for a period of two calendar years from the date of the original application and shall be valid for use at any licensed establishment. The alcoholic beverage seller/server permit must be in the possession of the employee while the employee is working at the licensed establishment and shall be available for inspection by members of the police department or the city manager's staff. (g)No person shall be issued a permit if it is determined that the person falsified, concealed or covered up any material fact by any device, trick or scheme while making application to the city for an alcohol seller/server permit under this section. If it is determined that a person is in violation of this subsection and a permit is denied for this reason, then 30 calendar days must elapse from the date of notification per certified mailing before a new application and fee may be resubmitted. (h)All permits issued through administrative error can be terminated and seized by the chief of police or his or her designee or the city manager or his or her designee. (i)A replacement permit will be issued within 30 days of the original date, upon paying one-half of the fee charged for an original alcohol seller/server permit. After 30 days of original application date, a new application and fee must be submitted. (j)All permits issued under this chapter remain city property and shall be produced for inspection upon demand of any city police officer or code enforcement officer. No licensee shall allow any employee or manager required to hold an alcohol seller/server permit to work on the premises unless the employee or manager has in his or her possession a current valid city alcohol seller/server permit. For new employees, an application for a permit must be made within five calendar days of date of initial employment. Licensees are required by this chapter to inspect and verify that each employee has in his or her possession a valid city alcohol seller/server permit. Training of permit holders. (1)Licensees shall provide regular information, the establishment's alcohol sale/service policies, and training to all permit holders on the methods, procedures and measures to be taken in order to request, obtain and examine proper identification of patrons to be certain that such patrons are of legal age to purchase alcoholic beverages and do not appear to be legally intoxicated. Training shall also include the methods, procedures and measures to be taken in order to refuse sale/service to underage or intoxicated patrons. Training shall provide information to all permit holders on provisions of the law of this state and the city's ordinances regarding the prohibitions against providing alcoholic beverages to intoxicated and underage persons and the penalties for violating such laws and ordinances. (2)Detailed records of such training, including the content, date, time, persons attending and copy of any pre/post-test, shall be maintained for a minimum of 36 months after the training. 174 Section 11, Item A. Evidence of such training records shall be made available upon request for inspection by the city. (k)Any establishment that has agents or employees acting in violation of this section may receive a fine and/or license suspension or revocation as set forth in this chapter for violations of this chapter. (l)Any individual working in a licensed establishment without the required permit may be charged with a misdemeanor and penalized accordingly and may also be prohibited from applying for an alcohol seller/server permit within the city for a period of time up to 60 days in the discretion of city council. ( Ord. No. 20-12-462 , § 1(Exh. A), 12-21-2020) Secs. 4‐143—4‐149. ‐ Reserved. DIVISION 4. ‐ SALES AND CONSUMPTION REGULATIONS AND PROHIBITIONS Sec. 4‐150. ‐ Sales and consumption on public property. (a)Except as provided in this chapter, it shall be prohibited for any person to sell, serve, or otherwise dispense any alcoholic beverage in a street, sidewalk, alleyway, parking area, mall or other place commonly used by the public or in any other public place or on public property. (b)Private parties and organizations may secure a permit from the city manager as set forth in this chapter to serve, sell, or otherwise dispense alcoholic beverages on property owned or leased by the city to the extent authorized. ( Ord. No. 20-12-462 , § 1(Exh. A), 12-21-2020) Sec. 4‐151. ‐ Drinking in public places. (a)It shall be prohibited for any individual to drink or consume all or any part of an alcoholic beverage in or on any street, sidewalk, alleyway, parking area, mall, or other place commonly used by the public unless the place has been licensed or permitted for consumption or is located in a special district, subject to the limitations of the license, permit, or provisions of this chapter. (b)It shall be prohibited for any individual to drink or consume all or part of any alcoholic beverage while in any city park except during licensed special events or at licensed locations within such parks. (c)Nothing in this section shall be construed to (i) prohibit the sale and consumption of any alcoholic beverage at any duly licensed sports club, assembly hall, special event facility, or golf course owned or operated by the city, or (ii) prevent a licensee from preparing and serving alcoholic beverages to be consumed within an approved outdoor dining area as part of the operation of its business. To the extent that an approved outdoor dining area is located on a portion of a city sidewalk or is separated from the interior dining portion of the licensed premises by a city sidewalk, open containers of alcoholic beverages shall only be transported into or out of such outdoor dining area by the licensees' working employees as part of their work duties. ( Ord. No. 20-12-462 , § 1(Exh. A), 12-21-2020) Sec. 4‐152. ‐ Alcohol consumption near retail package stores. It shall be prohibited for any person to open or to consume all or any part of any type of alcoholic beverage within 100 feet of any retail store where alcoholic beverages are sold in package form or within 175 Section 11, Item A. the boundary lines of the property on which such retail store is located, whichever constitutes the greater distance. See Sec. 4-108 for exceptions within open container areas in the city’s “special districts”. ( Ord. No. 20-12-462 , § 1(Exh. A), 12-21-2020) Sec. 4‐153. ‐ Open areas and patio sales regulations. The consumption and/or sale of alcoholic beverages may be allowed in a licensed establishment's open areas, sidewalks, decks, patios or similar unenclosed spaces on, about or adjacent to the premises of an establishment licensed to sell alcohol for consumption on-premises if written application is made to and approved by the city manager, or his or her designee, under such conditions as the city manager, or his or her designee, may deem appropriate for the protection of public health, safety and welfare including, but not limited to, maximum capacity, ingress and egress. The provisions of this article shall not be deemed to abrogate or otherwise impact any state law or local ordinance pertaining to public drunkenness, disorderly conduct, or similar laws. ( Ord. No. 20-12-462 , § 1(Exh. A), 12-21-2020) Sec. 4‐154. ‐ Carry‐out of partially consumed bottles of wine permitted ("Merlot to Go" provision). (a) An eating establishment licensed to sell wine for consumption on-premises may permit guests, patrons or members to purchase the establishment's wine on the premises and leave with no more than one bottle of unfinished wine per legally aged patron as long as such bottle has been re-sealed and packaged in accordance with the provisions set forth in O.C.G.A. § 3-6-4. (b) Such partially consumed bottle of wine must be transported in accordance with O.C.G.A. § 40-6-253, "consumption of alcoholic beverage or possession of open container of alcoholic beverage in passenger area." However, nothing in this section shall be construed to prohibit the carrying out of beer or wine for consumption at a publicly owned or privately-owned golf course. (c) No licensee may allow patrons to remove partially consumed wine from their premises pursuant to this section without first providing written notice to and obtaining written approval from the city manager or his/her designee. This approval will only be provided to establishments that meet the requirements of an "eating establishment" under this chapter and state law. While an approved establishment may charge a "corkage fee" to patrons for the re-sealing and packaging of the wine, there will be no additional license fees assessed by the city for an establishment to be approved as a "Merlot to Go" establishment. ( Ord. No. 20-12-462 , § 1(Exh. A), 12-21-2020) Sec. 4‐155. ‐ Carry‐out of alcoholic beverages prohibitions. (a) Except as otherwise provided in this chapter, all alcoholic beverages sold or otherwise dispensed for consumption on the licensed premises shall be consumed only on the licensed premises. (b) Except as otherwise provided in this chapter, it shall be prohibited for any person to remove from the licensed premises any alcoholic beverages sold for consumption on-premises, and it shall be prohibited for the licensee to permit any person to remove from the licensed premises any alcoholic beverages sold for consumption on-premises except as otherwise permitted under this chapter. When prohibited, the licensee shall be responsible for ensuring that no person removes any alcoholic beverages from the premises in any type of container. (c) It shall be prohibited for any person purchasing alcoholic beverages for consumption on-premises to leave the premises without paying for such alcoholic beverages. 176 Section 11, Item A. (d) Except as otherwise provided in this chapter, it shall be prohibited for patrons to gather outside the establishment of a consumption on-premises licensee and consume alcoholic beverages. (e) Except as otherwise provided in this chapter, it shall be prohibited for the manager or any employee of a consumption on-premises licensee to allow patrons to gather outside the establishment and consume alcoholic beverages. ( Ord. No. 20-12-462 , § 1(Exh. A), 12-21-2020) Sec. 4‐156. ‐ BYOB prohibited except in licensed establishments. See section 4‐77(a) for establishments with no pre‐existing consumption on‐premises license and section 4‐88 for existing consumption on‐ premises licensees. (a) It is prohibited for any person to bring an alcoholic beverage into any business establishment (regardless of whether the establishment holds a license to sell or serve alcoholic beverages), unless such establishment holds a valid BYOB license. (b) Where an establishment holds a BYOB license, in addition to all requirements in place for holding such license, the following requirements/prohibitions apply: (1) The establishment may not sell liquor by the package. (2) The licensee must have an established policy pertaining to BYOB practices. (3) BYOB beverages are limited to beer and wine, unless a patron has rented an entire section of the premises for a private function. (4) No alcohol may be brought onto the premises or consumed by a patron under 21 years of age. (5) No alcohol may be brought onto the premises by a patron less than one hour prior to closing. (6) All alcohol brought onto the premises by a patron must be removed from the premises or disposed of by the patron. (7) Any beer or wine opened and not completely consumed at a business establishment pursuant to a BYOB license shall be properly disposed of and not kept on the premises. (8) Employees of the establishment/licensee are prohibited from handling any patron's alcohol unless removing it to dispose of it. If a patron leaves the alcohol on the premises, it must be disposed of and not allowed to remain on the premises. ( Ord. No. 20-12-462 , § 1(Exh. A), 12-21-2020) Sec. 4‐157. ‐ Prohibited sales to persons under 21 or intoxicated persons; Sunday and election day provisions. (a) No licensee shall permit on the licensed premises, the sale, barter, exchange, giving, providing or furnishing of alcoholic beverages to any person under 21 years of age. (b) No licensee shall permit on the licensed premises the sale, barter, exchange, giving, providing or furnishing of alcoholic beverages to any person who is in a state of noticeable intoxication. (c) No licensee shall permit the sale of alcoholic beverages on Sunday, except as otherwise provided by law or in this chapter. (d) No licensee shall permit the sale of alcoholic beverages on election days within 250 feet of any polling place or of the outer edge of any building within which such polling place is established on primary or election days. The sale of alcoholic beverages on election days is permitted to the extent authorized by state law, pursuant to O.C.G.A. § 3-3-20. 177 Section 11, Item A. ( Ord. No. 20-12-462 , § 1(Exh. A), 12-21-2020) Sec. 4‐158. ‐ Promotions and sales. (a) No licensee or employee or agent of a licensee, in connection with the sale or other disposition of alcoholic beverages for consumption on-premises, shall: (1) Offer or deliver any free alcoholic beverage to any person or group of persons. For the purpose of this section, "free" means free to the patron on behalf of the establishment. (2) Deliver more than two alcoholic beverages to one person at a time. For the purposes of this section, one alcoholic beverage shall be the equivalent of one 16-ounce beer, or one six-ounce glass of wine or one ounce of 100 proof spirits. a. Nothing herein shall prohibit a licensed establishment from offering a sampler of beer in containers not exceeding eight ounces. Each sampler shall not exceed four different types of beer. b. Nothing herein shall prohibit a licensed establishment from offering a sampler of wine in containers not exceeding three ounces. Each sampler shall not exceed four different types of wine. c. Nothing herein shall prohibit a licensed establishment from offering a sampler of liquor in containers not exceeding one-half ounce. Each sampler shall not exceed four different types of liquor. (3) Sell, offer to sell, or deliver to any person or group of persons any alcoholic beverage at a price less than 50 percent of the price regularly charged for such alcoholic beverage during the same calendar week, except at private functions not open to the public. (4) Sell, offer to sell, or deliver to any person or group of persons an unlimited number of alcoholic beverages during any set period of time for a fixed price, except at private functions not open to the public. (5) Sell, offer to sell, or deliver to any person or group of persons any alcoholic beverages on any one day at prices less than those charged the general public on that same calendar day, except at private functions not open to the public. (6) Sell, offer to sell, or deliver alcoholic beverages, including beer, in any container which holds more than 32 fluid ounces (0.947 liters), except to two or more legally aged persons at any one time. (7) Increase the volume of alcohol contained in a drink without increasing proportionately the price regularly charged for such alcoholic beverage during the same calendar week. (8) Encourage or permit on the licensed premises any game or contest which involves the drinking of alcoholic beverages or the awarding of alcoholic beverages as a prize. This subsection shall not apply to incidental service licenses. (b) Each licensee shall maintain a schedule of the price charged for all alcoholic beverages to be served and consumed on the licensed premises or in any room or part thereof. The schedule of prices shall be posted in a conspicuous manner so as to be in view of the paying public, and the schedule shall be effective for not less than one calendar week. (c) No licensee shall advertise or promote in any way, whether within or without the licensed premises, any of the practices prohibited under this section. (d) No provision of this section shall be construed to prohibit: (1) Offering free food or entertainment at any time; (2) Including an alcoholic beverage as part of a meal package; or 178 Section 11, Item A. (3) Selling or providing wine by the bottle or carafe when sold with meals or to more than one person. (e) The police department shall have the responsibility for the enforcement of this section. (f) No licensee may require the purchase of any alcoholic beverage as a part of or prerequisite to the purchase of any other product or service. If alcoholic beverages are included as part of a package of other goods and services, the alcoholic beverages must be priced separately and all patrons must be allowed to purchase the remaining goods and services without the alcoholic beverages at a price from which the full price of the alcoholic beverages has been deducted, provided, however, that this section shall not apply to incidental service licenses. (g) It shall be prohibited for any sales to be made outside of the area on or about the premises licensed for such sale except as permitted herein. For the purpose of this section, the term "sale" shall refer to the point at which there is an exchange of money for alcoholic beverages or when alcoholic beverages are left in the sole possession or control of a patron. Nothing in this section will be deemed to prohibit alcoholic beverages from being sold through a window of the premises when any such practice is otherwise permitted by state law. (h) It shall be prohibited for any person except a licensee, his or her manager, or agent in charge of the licensed premises, to carry into or have in his or her possession on any licensed premises, any alcoholic beverages provided that this section shall not apply to beverages sealed in their original container being brought onto the premises of private clubs or establishments with a BYOB license by a patron. ( Ord. No. 20-12-462 , § 1(Exh. A), 12-21-2020) Sec. 4‐159. ‐ Reserved. DIVISION 5. ‐ "UNDER 21" PROHIBITIONS Sec. 4‐160. ‐ Furnishing to, purchasing of alcoholic beverages by persons under 21 years of age prohibited; maintaining place where persons under 21 may purchase, drink, or possess alcoholic beverages prohibited. Refer to section 32-135 of the City of Milton Code of Ordinances, prohibited acts by persons under 21 years of age. ( Ord. No. 20-12-462 , § 1(Exh. A), 12-21-2020) Sec. 4‐161. ‐ Purchase, consumption, possession by or for underage persons. (a) It shall be prohibited for any person under 21 years of age to purchase, drink, consume or possess any alcoholic beverages except as provided under state law. (b) It shall be prohibited for any person to keep or maintain a place where persons under 21 years of age are knowingly allowed to come and purchase, drink, consume or possess any alcoholic beverage. (c) It shall be prohibited for any parent or other person to buy beer or other alcoholic beverages and furnish such beverage for consumption by any person under 21 years of age except as permitted under state law. (d) It shall be the responsibility of the alcoholic beverage licensee and his or her agents and employees to examine proper identification of patrons to be certain that such patrons are of legal age. ( Ord. No. 20-12-462 , § 1(Exh. A), 12-21-2020) 179 Section 11, Item A. Sec. 4‐162. ‐ Under‐age persons on licensed premises, employment of minors. No licensee who holds a license to sell or serve alcoholic beverages by the drink or who holds a BYOB license shall permit any person under 21 years of age to be in, frequent or loiter about the licensed premises unless such person is accompanied by a parent, legal guardian or spouse who is 21 years of age or older; provided, however, that such person shall be permitted in eating establishments or private clubs as defined herein without being accompanied by a parent, legal guardian or custodian, and provided further, that this section shall not apply to persons who are employees under this chapter. ( Ord. No. 20-12-462 , § 1(Exh. A), 12-21-2020) Sec. 4‐163. ‐ Misrepresentation of age by underage persons. It shall be prohibited for any person under the age of 21 years, to misrepresent his or her age in any manner whatsoever. ( Ord. No. 20-12-462 , § 1(Exh. A), 12-21-2020) Secs. 4‐164—4‐169. ‐ Reserved. DIVISION 6. ‐ ACTIVITIES PROHIBITED ON PREMISES Sec. 4‐170. ‐ Contents of bottles. It shall be prohibited for a licensee to add to the contents of liquor bottles or to refill empty alcoholic beverage bottles or in any other manner to misrepresent the quantity, quality or brand name of any alcoholic beverage. ( Ord. No. 20-12-462 , § 1(Exh. A), 12-21-2020) Sec. 4‐171. ‐ Solicitation prohibited. No establishment licensed under this chapter shall require, permit, suffer, encourage, or induce any employee or person to solicit in the licensed premises for himself or herself, or for any person other than the patron and guest of the patron, the purchase by the patron of any drink, whether an alcoholic beverage or nonalcoholic beverage or money with which to purchase the beverage; nor shall any licensee pay a commission or any other compensation to any person frequenting his or her establishment or to his or her agent or manager to solicit for himself or herself or for the others, the purchase by the patron of any drink, whether an alcoholic beverage or nonalcoholic beverage or money with which to purchase the beverage. ( Ord. No. 20-12-462 , § 1(Exh. A), 12-21-2020) Sec. 4‐172. ‐ Employees prohibited from mingling with patrons. (a) It shall be prohibited for any employees of a licensee under this chapter to dance or sit with patrons in the premises or for any patron to be permitted to purchase food or drink for such employees during such employees' working hours. (b) Alcoholic beverages shall only be served by the licensee or the licensee's employees or agents. (c) It shall be prohibited for any employee or agent of any licensee to consume alcoholic beverages on the premises of the licensee during such employee's or agent's working hours. 180 Section 11, Item A. ( Ord. No. 20-12-462 , § 1(Exh. A), 12-21-2020) Sec. 4‐173. ‐ Types of entertainment—Attire and conduct prohibited. (a) No person shall perform on a premises licensed hereunder acts of or acts which constitute or simulate: (1) Sexual intercourse, masturbation, sodomy, bestiality, oral copulation, flagellation, or any sexual acts which are prohibited by law; (2) The touching, caressing, or fondling of the breast, buttocks, anus, or genitals; or (3) The displaying of any portion of the female breast below the top of the areola or the displaying of any portion of any person's pubic hair, anus, cleft of the buttocks, vulva, or genitals. (b) No person shall use on licensed premises artificial devices or inanimate objects to perform, simulate, or depict any of the prohibited conduct or activities described in this section. (c) It shall be prohibited for any person to show, display, or exhibit, on licensed premises, any film, still picture, electronic reproduction, or any other visual reproduction or image of any act or conduct described in subsections (1) and (2) of this section. (d) Failure to comply with this section shall be considered as due cause to suspend, revoke or refuse to renew any license issued by the city pursuant to this chapter. ( Ord. No. 20-12-462 , § 1(Exh. A), 12-21-2020) Secs. 4‐174—4‐179. ‐ Reserved. ARTICLE VI. ‐ REPORTING, AUDITS, AND EXCISE TAXES DIVISION 1. ‐ GENERALLY Sec. 4‐180. ‐ Administration and enforcement of article. (a) The finance director or his or her designee shall administer and enforce the provisions of this article. (b) The city manager may promulgate rules and regulations for the enforcement of this article. (c) Every licensee engaging in the sale of mixed drinks shall keep such records, receipts, invoices, and other pertinent papers in such form as may be required by the city. (d) The city manager or his or her designee may examine the books, papers, records, financial reports, equipment, and facilities of any licensee engaging in the sale of any alcoholic beverage, retail or wholesale, in order to verify the accuracy of any return, or if no return is made to ascertain the amount of tax due. (e) In the administration of the provisions of this chapter, the city manager or his or her designee may require the filing of reports by any person or class of persons having in their possession or custody any information relating to purchases subject to taxation under this article. ( Ord. No. 20-12-462 , § 1(Exh. A), 12-21-2020) Sec. 4‐181. ‐ Audits. (a) If the city manager deems it necessary to conduct an audit of the records and books of a licensee, he or she shall notify the licensee of the date, time and place of the audit. The city manager may designate the city's finance director or other designee to perform any audit authorized in this Code. The licensee shall cooperate with the audit or forfeit any license issued under this chapter. 181 Section 11, Item A. (b) All establishments licensed under this chapter must maintain the following records for five years and make them available for audit at the licensed premises: (1) Monthly income or operating statements. (2) Daily sales receipts showing beer, wine, liquor and food sales separately (this requirement does not apply to package beer and wine licensees). (3) Daily cash register receipts such as Z tapes or guest tickets. (4) Monthly state sales and use tax reports. (5) Federal income tax return with all Form 1099s. (6) Any and all records utilized in calculating excise taxes as set forth in this chapter. (c) The city manager can waive all or some of the requirements of subsection (b) of this section if the city manager finds reasonable evidence to support the waiver. ( Ord. No. 20-12-462 , § 1(Exh. A), 12-21-2020) Sec. 4‐182. ‐ Reporting of food sales required. (a) Each holder of any alcoholic beverage license for which minimum food sales requirements apply, shall maintain on the premises and available for inspection at any time during business hours, records that document the establishment's sales in even dollars and as a percent of total revenue. These numbers shall include gross food sales in even dollars and as a percent of the total sales, gross alcoholic beverage sales in even dollars and as a percent of the total sales, the amount of tax at the percent required under this division, and any other information reasonably related to the operation of the business required by the city. A report reflecting the same shall also be provided to the city manager upon request and no more than 20 days after such request. (b) Failure to provide any and all of the information required by this section may result in penalties specified in this chapter, including but not limited to, penalties and interest on the amount of tax due and payable, suspension or revocation of the license, or fines. ( Ord. No. 20-12-462 , § 1(Exh. A), 12-21-2020) Sec. 4‐183. ‐ Tax levied; reporting requirements; duties of dealers and wholesalers; prohibited sales and deliveries; bonds; penalties. (a) Scope of section. In addition to all other taxes or license fees imposed upon retail dealers engaged in the city in the business of selling beer, wine and liquor, as defined under the laws of the state, there is imposed and levied upon all dealers described in this section within the city limits an excise tax, to be computed and collected as set forth in this article. (b) Amount of tax. The excise taxes on beer, wine, and liquor are set forth below and may be modified by the city council with such modifications set forth in a schedule of excise taxes on file in the city manager's office and the finance department. (c) Computation, payment, duties of wholesale dealer or distributor. The tax imposed in this article shall be computable and payable monthly. Each wholesale dealer or distributor selling, shipping or delivering beer, wine or liquor to any retail dealer in the city shall, as a condition to the privilege of carrying on the business: (1) Keep true and correct records of all sales, shipments or deliveries of such alcoholic beverages to any retail dealer in the city, such records to be for a period of five years for beer, wine, and liquor, and to be made available upon request to any duly authorized representative of the city. 182 Section 11, Item A. (2) Collect from each such retail dealer in the city limits at the time of delivery of the beer, wine, and liquor the amount of tax due under the terms of this article and to hold such amount in trust for the city until such amount is remitted to the city as provided in this section. (3) Except as provided in O.C.G.A. § 3-5-81 or other applicable state law, on or before the 20th day of each calendar month make a verified and comprehensive report to the city manager or his or her designee, which shall correctly show all sales and deliveries of beer, wine, and liquor to or for retail dealers in the city limits for the month immediately preceding such report. Such report shall show the name and address of each retail dealer, the quantities delivered to each retail dealer, the amount collected under the terms of this article, and such other information as may be called for by the city. This report shall be accompanied by remittance to the city for all taxes collected or due as shown on the report. (d) Noncompliance by wholesale dealer or distributor. If any wholesaler dealer or distributor fails or refuses to make the report provided for in this section, the city shall notify the party in writing; and if the reports are not made and the taxes remitted within five days from the date of notice, the city may prohibit said wholesaler or distributor from doing business in the city until the acts of noncompliance are cured. In addition, such a wholesaler must pay a late payment charge of 15 percent per month for each month of delinquency together with interest on the total amount due (including late payment fee) equal to one percent per month. (e) Prohibited retail sales. It shall be a violation of this section for any person to sell at retail within the city any beer, wine, or liquor on which the taxes provided for in this section have not been paid. This section shall also apply to farm wineries. (f) Prohibited deliveries. It shall be prohibited and a violation of this section for any wholesale dealer or distributor to deliver any beer, wine, or liquor to any retail dealer in the city without collecting the taxes provided for in this section at the time of delivery. (g) Violations and penalties. Any person violating any of the provisions of this section, or who shall assist any retail dealer in beer, wine, or liquor in the city to evade or avoid the payment of the taxes provided for in this section shall be punished as provided in this chapter and shall also be subject to having his/her license revoked. (h) Farm wineries. Wines sold at retail by a farm winery shall have levied thereon the excise tax that applies to wholesalers. farm wineries have a duty to keep accurate records as to what is sold at retail and what is sold at wholesale. (i) Distilleries. Liquor sold at retail by a distillery shall have levied thereon the excise tax that applies to wholesalers. Distilleries have a duty to keep accurate records as to what is sold at retail and what is sold at wholesale. (j) Breweries. Beer sold at retail by a brewery shall have levied thereon the excise tax that applies to wholesalers. Breweries have a duty to keep accurate records as to what is sold at retail and what is sold at wholesale. ( Ord. No. 20-12-462 , § 1(Exh. A), 12-21-2020) State Law reference— O.C.G.A. § 3-3-41; employee solicitation of patrons for drinks on- premises, O.C.G.A. § 3-3-42; display of prices of distilled spirits, O.C.G.A. § 3-4-26; levy of tax on sale of distilled spirits by the package authorized, O.C.G.A. § 3-4-80; sale of distilled spirits by the drink, O.C.G.A. § 3-4-90 et seq.; imposition of excise tax on malt beverages required, O.C.G.A. § 3-5-80; authorization to levy tax on wine, O.C.G.A. § 3-6-60. Sec. 4‐184. ‐ Per drink excise tax on distilled spirits to be collected and paid by on‐premises consumption retailers. 183 Section 11, Item A. (a)There is hereby levied and imposed a specific excise tax on the sale of liquor in the amount of three percent of the charge to the public (or the patron in the case of a catered event) for the beverage that contains the liquor; this does not include any sales tax. (b)The excise tax imposed in this subsection does not apply to the sale of fermented beverages made in whole or in part from malt or any similar fermented beverages made in whole or in part from fruit, berries or grapes either by natural fermentation or fermentation with brandy or any similar fermented beverage. (c)The excise taxes provided for in this section shall be imposed upon and shall be paid by the on- premises consumption licensee who sells liquor by the drink. (d)Each licensee selling liquor by the drink within the city shall file a report with the city by the 20th day of each month showing the preceding calendar month summary of the licensee's gross sales derived from the sale of liquor sold by the drink during the preceding month. (e)Each such licensee shall remit to the city by the 20th day of the month next succeeding the calendar month in which such sales were made the amount of excise tax due in accordance with this section. (f)Each licensee collecting the tax authorized by this section shall be allowed a percentage of the tax due and accounted for, and shall be reimbursed in the form of a deduction in submitting, reporting, and paying the amount due if the amount is not delinquent at the time of payment. The deduction amount authorized will be the rate authorized under O.C.G.A. § 48-8-50, as now written or hereafter amended; (currently the rate of deduction as authorized under O.C.G.A. § 48-8-50 is three percent of the total amount due). (g)Excise taxes received after the tenth day of the month shall be charged a 15 percent penalty plus interest (h)If the city manager or his/her designee deems it necessary to conduct an audit of the records and books of the licensee, he/she will notify the licensee and an agreed upon date and time will be arranged. If a date and time cannot be agreed upon, the city manager or his/her designee may set the date and time to occur anytime during the licensee's normal business hours. (i)In addition to any penalties otherwise set forth in this chapter, failure to properly complete or submit the required reports shall subject the licensee to a late filing penalty of $25.00 for each deficient reporting period. ( Ord. No. 20-12-462 , § 1(Exh. A), 12-21-2020) Sec. 4‐185. ‐ Excise tax on alcohol produced by brewpubs, breweries, micro‐breweries, distilleries and micro‐distilleries. (a)Every brewpub, brewery, micro-brewery, distillery and micro-distillery located within the city shall file a monthly report with the city manager or designee no later than the 20th day of each month, on such forms as the city manager or designee may prescribe, setting forth all alcohol produced during such preceding calendar month, to include beginning and ending inventories. Such report shall also indicate the total production of alcohol during the report period and the proper tax remittance for such production. Failure to properly complete or submit the required reports shall subject the licensee to a deficient or late filing penalty of $25.00 for each deficient reporting period. (b)There is levied an excise tax on all beer produced by a brewpub or brewery at the rate of $6.00 per half barrel (15½) gallons) and $12.00 per barrel (31 gallons). Where the beer is sold in bottles, cans, or other containers, except barrel or bulk containers, the levied tax shall be $0.05 per 12 ounces and a proportionate tax at the same rate on all fractional parts of 12 ounces. (c)There is levied an excise tax on all liquor produced by a distillery at the rate of $0.22 per liter or [$0.0065] per ounce. 184 Section 11, Item A. (d)Such tax shall be paid to the city no later than the 20th day of each month for the preceding month's production. A late payment penalty of 15 percent of the tax otherwise due plus interest shall be added to the amount due for any payment not received by the due date. ( Ord. No. 20-12-462 , § 1(Exh. A), 12-21-2020) Sec. 4‐186. ‐ Excise tax required on wholesalers. (a)There is levied an excise tax computed at the rate of $0.22 per liter or [$0.0065] per ounce which shall be paid to the governing authority on all wine and liquor sold by wholesalers to retailers in the city. Such tax shall be paid to the city by the wholesale distributor on all wine and liquor sold in the city as follows: (1)Each wholesaler selling, shipping, or in any way delivering wine or liquor to any licensees under this chapter, shall collect the excise tax at the time of delivery and shall remit the same to the city together with a summary of all deliveries to each licensee on or before the tenth day of the following month. (2)Excise taxes received after the 20th day of the month shall be charged a 15 percent penalty plus interest. (3)It shall be a violation of this chapter for any wholesaler to sell, ship or deliver in any manner any wine or liquor to a retail dealer without collecting such tax. (4)Upon each and every delivery by a licensed wholesaler to a licensed retailer, written records in triplicate shall be prepared, showing the quantities and brands of liquor delivered, together with the price thereof and the tax collected thereon. The original copy of such record shall be delivered by the wholesaler to the retailer simultaneously with each such delivery. The wholesaler shall retain the second copy of such record and shall keep it and have it available for inspection by authorized representatives of the city. If requested by an authorized representative of the city, a copy of such records shall be attached to any reports requested or required by the city. (5)It shall be a violation of this chapter for any retail dealer to possess, own, hold, store, display or sell any wine or liquor on which such tax has not been paid. Wholesalers collecting the tax authorized in this section shall be allowed a percentage of the tax due and accounted for and shall be reimbursed in the form of a deduction in submitting, reporting, and paying the amount due, if the amount is not delinquent at the time of payment. The rate of the deduction shall be at the same rate authorized for deductions from state tax under O.C.G.A. § 48-8-50, and any amendment thereto. (b)There is levied an excise tax on all beer sold by wholesalers to retailers in the city at the rate of $0.05 per 12-ounce container and $6.00 for each container of tap or draft beer of 15½ gallons and in similar proportion for bottles, cans and containers of various sizes as follows: Size of Container Tax Per Container 7‐ounce $0.0291 8‐ounce 0.0333 12‐ounce 0.0500 14‐ounce 0.0583 185 Section 11, Item A. 16‐ounce 0.0666 32‐ounce 0.1333 Half barrel (15½ gallons) 6.00 One barrel (31 gallons) 12.00 All provisions as to excise tax in this section shall apply to this tax on beer except the tax rate which is set out in this subsection and the reimbursement of three percent of the taxes collected which shall not apply to beer wholesalers. ( Ord. No. 20-12-462 , § 1(Exh. A), 12-21-2020) Secs. 4‐187—4‐189. ‐ Reserved. DIVISION 2. ‐ TAX RETURNS AND COLLECTION Sec. 4‐190. ‐ Tax delinquent on 21st day. The tax imposed under this chapter shall, for each month, become delinquent on the 21st day of each succeeding month. Any such delinquent tax shall bear interest at the rate of one percent per month, or fraction thereof, and a penalty of 15 percent of such delinquent tax shall be added and attached to the total amount of the fee. The city manager or designee is empowered to pursue any remedy or right of collection and payment of taxes lawfully levied by the city, as may be allowed under the laws of the state and the ordinances of the city. ( Ord. No. 20-12-462 , § 1(Exh. A), 12-21-2020) State Law reference— Authority to impose excise tax on sale of distilled spirits by the drink, O.C.G.A. § 3-4-131; Local excise tax on sale of distilled spirits, O.C.G.A. § 3-4-80; local excise tax on sale of malt beverages, O.C.G.A. § 3-5-80 et seq.; local excise tax on wine, O.C.G.A. § 3- 6-60 et seq. Sec. 4‐191. ‐ Deficiency assessment. (a)If the city has cause to believe that a return or the amount of tax paid to the city by a licensee is not proper, the city may compute and determine the amount due on the basis of any information available. One or more deficiency determinations may be made of the amount due for any month. (b)The amount of deficiency determination shall bear interest at a rate equal to the bank prime loan rate as posted by the Board of Governors of the Federal Reserve System in statistical review release H. 15 or any publication that may supersede it, plus three percent, to accrue monthly from the 20th day of the month after the close of the period for the tax due, which the amount or any portion thereof should have been returned until paid, in addition to any other penalties which may be imposed. Such annual interest rate shall be determined for each calendar year based on the first weekly posting of 186 Section 11, Item A. statistical release H.15 on or after January 1 of each year. For the purposes of this section, any period of less than one month shall be considered to be one month. (c) For any deficiency which is determined to be made due to fraud, or an intent to evade any provisions of this Article, a penalty of 25 percent of the deficiency shall be added thereto. (d) The city shall give notice of a deficiency determination to the licensee. The notice shall be served by personal service on the registered agent by a city police officer or code enforcement officer. If personal service fails, the notice shall be mailed by certified mail to the registered agent at the address provided and to the named licensee at the licensed premises. Delivery shall be deemed to take place on the third day following deposit in the United States mail. (e) Except in the case of fraud, intent to evade this chapter, or failure to make a return, every notice of deficiency determination shall be mailed within three years after the 20th day of the calendar month following the monthly period for which the amount is proposed to be determined, or within three years after the return is filed, whichever period should last expire. ( Ord. No. 20-12-462 , § 1(Exh. A), 12-21-2020) Sec. 4‐192. ‐ Failure to file return. (a) If any licensee fails to make a return, the city may make an estimate of the amounts of the gross receipts of the licensee, or as the case may be, of the amount of the total sales in the city which are subject to the tax. The estimate shall be made for the period in respect to which the licensee failed to make the return and shall be based upon any information which is or may come into the city's possession. Upon the basis of this estimate, the city shall compute and determine the amount required to be paid the city. One or more determinations may be made for each period. (b) If the failure of any person to file a return is due to fraud or intent to evade this chapter, a penalty of 25 percent of the amount required to be paid by the party shall be added thereto in addition to any other penalties which are imposed under this chapter. (c) The city shall promptly give to the party written notice of the deficiency in the manner specified by this chapter. (d) In the event that any person holding a retail license shall fail to file the required return or to pay the taxes imposed by this chapter, it shall be grounds for suspension or revocation of any retail license to sell alcoholic beverages in the city. ( Ord. No. 20-12-462 , § 1(Exh. A), 12-21-2020) Sec. 4‐193. ‐ Penalties and interest. (a) Any party who fails to pay the tax herein imposed by the city, or fails to pay any amount of such tax required to be paid by the party shall, in addition to the tax, pay interest on the outstanding tax obligation at the rate of one percent per month, or fraction thereof, from the date the tax payment was last due until payment is made. (b) Any party who fails to pay the tax herein imposed by the city, or fails to file any required tax return to the city, within the time required, shall pay a penalty of 15 percent of the tax and interest due the city. (c) In the event that any person holding a retail license shall fail or refuse to pay to the wholesaler selling to him or her alcoholic beverages the tax imposed by the city, the wholesaler shall immediately report such failure to pay to the finance department and shall make no further sales of any alcoholic beverages whatsoever to said retailer until receipt of written notification to do so from the city. In such event, the tax may be collected by the city by an action at law against the retailer. ( Ord. No. 20-12-462 , § 1(Exh. A), 12-21-2020) 187 Section 11, Item A. Sec. 4‐194. ‐ Actions for collections; overpayment. (a) At any time within three years after the delinquency of any amount due under this chapter, the city may bring an action in the courts of this state, any other state, or the United States in the name of the city to collect the amount delinquent, together with penalties, interest, court fees, filing fees, attorneys' fees, and other legal fees incident thereto. (b) Whenever any tax, penalty, or interest has been paid more than once or has been erroneously or illegally collected or received by the city, it may be offset against any future liability for the tax. (c) If the licensee determines that he has overpaid or paid more than once and such fact has not yet been determined by the city, the licensee shall have three years from the date of payment to file a claim with respect to such overpayment or double payments. Such claim shall be in writing and shall state the specific grounds upon which it is based. The claim shall be audited. If the city approves the claim, the excess amount paid may be credited against other amounts due from the licensee or refunded. ( Ord. No. 20-12-462 , § 1(Exh. A), 12-21-2020) Secs. 4‐195—4‐199. ‐ Reserved. ARTICLE VII. ‐ WHOLESALERS DIVISION 1. ‐ GENERALLY Sec. 4‐200. ‐ License required. (a) Any wholesale dealer in alcoholic beverages who is licensed by the State of Georgia and who has a place of business in the city shall procure a license under the same distance requirements and required hours and days of operation applicable to retail package licensees. The license fee for a resident wholesale dealer's license shall be set by the city council and approved by resolution. (b) Any wholesale dealer in alcoholic beverages who is licensed by the State of Georgia, who does not have a place of business in the city but who does business in the city, shall be registered in the city and subject to excise tax due from wholesale dealers pursuant to article VIII. Such registration shall be renewed annually with: (1) Submittal of annual renewal affidavit; (2) The presentation of satisfactory evidence that he understands the alcoholic beverage rules and regulations of the city and the conditions under which retail licenses are issued; and (3) A registration fee of $100.00 as authorized by O.C.G.A. § 3-5-43. ( Ord. No. 20-12-462 , § 1(Exh. A), 12-21-2020) Sec. 4‐201. ‐ Special provisions applicable to wholesale license. (a) Except as may be authorized under state law, no person who has any direct financial interest in any license for retail sale of any alcoholic beverages in the city shall be allowed to have any interest or ownership in any wholesale alcoholic beverage license issued by the city. (b) No retailer shall purchase any alcoholic beverage from any person other than a wholesaler licensed under this chapter. No wholesaler shall sell any alcoholic beverage to any person other than a retailer licensed under this chapter; provided, however, that this section shall not prohibit the purchase by one retailer of another retailer's entire stock in a bona fide purchase of an ongoing business. 188 Section 11, Item A. (c)No alcoholic beverage shall be delivered to any retail sales outlet in the city except by a duly licensed wholesaler. The name of the wholesale distributor shall be clearly marked on the delivery vehicle. ( Ord. No. 20-12-462 , § 1(Exh. A), 12-21-2020) Sec. 4‐202. ‐ Audits. If the city manager deems it necessary to conduct an audit of the wholesaler licensee's records and books, he or she shall notify the licensee of the date, time and place of the audit. ( Ord. No. 20-12-462 , § 1(Exh. A), 12-21-2020) Secs. 4‐203—4‐222. ‐ Reserved. 189 Section 11, Item A. Appendix A ‐ FEES AND OTHER CHARGES[1] FEES AND OTHER CHARGES Section Description Conditions Amount (in dollars) Chapter 4—Alcoholic Beverages 4‐30(i) License fees See chapter 4, article III, division 1 4‐34 Processing fee—Administrative $100.00/year 4‐36 (a) Posting on premises $200.00 4‐36(b) Publication Paid directly to sign vendor 4‐52(e) Transfer license fee $100.00 4‐64(b)1 Penalty for sale to underage persons For the first offense A minimum fine of $500.00 4‐64(b)2 Penalty for sale to underage persons For the second offense in 24‐month period A minimum fine of $750.00 4‐64(b)3 Penalty for sale to underage persons For the third offense in 24‐month period A minimum fine of $1,000.00 4‐64(e) Criminal penalties In addition to available actions, violators of chapter could be charged criminal penalties Not to exceed $1,000.00 Retail package license fees 4‐70(a) Wine $400.00/year 4‐70(a) Beers (including growlers) $400.00/year 4‐70(a) Wine and beers $800.00/year 4‐70(a) Liquor $3,000.00/year 4‐70(a) Wine, beers and liquor $3,800.00/year 4‐70(a) Specialty gift shop license (beer/wine) $100.00/year Exhibit B 190 Section 11, Item A. Consumption on Premises (Standard) 4‐70(b)(1) Wine See 4‐70(f) for prerequisites $650.00/year 4‐70(b)(1) Beers See 4‐70(f) for prerequisites $650.00/year 4‐70(b)(1) Wine and beers See 4‐70(f) for prerequisites $1,300.00/year 4‐70(b)(1) Liquor See 4‐70(f) for prerequisites $3,200.00/year 4‐70(b)(1) Wine, beers and liquor See 4‐70(f) for prerequisites $4,500.00/year Consumption on Premises (Limited) 4‐ 70(b)(2)(a) "Bring your own beverage" (BYOB) license (no pre‐existing on‐premises licensees) $100.00/year 4‐ 70(b)(2)(b) Incidental service license $100.00/year 4‐ 70(b)(2)(c) Limited tap license $325.00/year 4‐ 70(b)(2)(d) Courtyard market license $250.00/year 4‐ 70(b)(2)(e) Special events facility license $250.00/year Manufacturing 4‐70(c)(1) Manufacturer's License Brewery or distillery $500.00/year 4‐70(c)(2) Manufacturer's license micro‐ brewery or micro‐distillery $250.00/year Hybrid 4‐70(d)(1) Brewpub $1,650.00/year 4‐70(d)(2) Farm winery ‐ wholesale $400.00/year 191 Section 11, Item A. 4‐70(d)(2) Farm winery ‐ retail packages sales $400.00/year 4‐70(d)(2) Farm winery ‐ consumption on premises $650.00/year Add‐On License 4‐70(e)(1) Sunday sales license Retail package (standard) and Craft beer and/or wine market off‐premises retail package sales $250.00/year 4‐70(e)(1) Sunday sales license Consumption on premises (standard) $500.00/year 4‐70(e)(1) Sunday sales license (When added to crowler/growler license $25.00/year 4‐70(e)(2) Resident caterer license For currently licensed consumption on premises or retail package establishments $150.00/year 4‐70(e)(2) Non‐resident caterer license For authorized event $50.00/event 4‐70(e)(3) "Bring your own beverage" (BYOB) license (standard on‐ premises licensees) See 4‐70(f) for prerequisite license $100.00/year 4‐70(e)(4) Limited food service restaurant license See 4‐70(f) for prerequisite license $250.00/year 4‐70(e)(5) Restaurant package sale license See 4‐70(f) for prerequisite license $100.00/year 4‐70(e)(6) Craft beer and/or wine market license: wine only See 4‐70(f) for prerequisite license $260.00/year 4‐70(e)(6) Craft beer and/or wine market license: beer only See 4‐70(f) for prerequisite license $260.00/year 4‐70(e)(6) Craft beer and/or wine market license: beer and wine See 4‐70(f) for prerequisite license $520.00/year 4‐70(e)(7) Growler/crowler license See 4‐70(f) for prerequisite license $100.00/year 192 Section 11, Item A. 4‐70(e)(8) Ancillary tasting license See 4‐70(f) for prerequisite license $100.00/year Permits 4‐72(a) Special event alcohol permit For currently licensed establishments qualifying resident cateres $250.00 No fee 4‐72(a) Special event alcohol permit For qualifying non‐resident caterers $50.00/event 4‐72(a) Special event alcohol permit For non‐profit civic organizations $100.00 4‐72(b) Grand opening/annual promotions permit No fee 4‐72(c) Public facilities event alcohol permit $50.00/event 4‐72(d) Catered event alcohol permit For resident caterers No fee 4‐72(d) Catered event alcohol permit For non‐resident caterers $50.00/event Other 4‐94(c) Temporary alcoholic beverage license 25% of assessed annual fee 4‐99 Private clubs See section 4‐70 4‐100 Hotel and hotel in‐room service See section 4‐70 4‐128 Wholesaler license fee Located within the city limits Wine $400.00/year Beers $400.00/year Wine and beers $800.00/year Distilled spirits $3,000.00/year Wine, beers and distilled spirits $3,800.00/year 4‐128 Wholesaler license fee Located outside of the city limits 193 Section 11, Item A. Wine $100.00/year Beers $100.00/year Wine and beers $100.00/year Liquor $100.00/year Wine, beers and liquor $100.00/year 4‐142(c) Pouring permit Investigative fee $60.00/every 2 years 4‐142(i) Pouring permit replacement If within 30 days of original application date, then fee is $7.50. If after 30 days of original application, new application and fee must be submitted (see 4‐235). 4‐184(a) Excise tax on liquor by the drink 3% of the charge to the public for the beverage 4‐185(b) Excise tax on all beer produced by a brewpub, brewery, or micro‐brewery $6.00 per half barrel (15½ gallons) and $12.00 per barrel (31 gallons), $0.05 per 12 ounces and a proportionate tax at the same rate on all fractional parts of 12 ounces 4‐185(c) Excise tax on all liquor produced by a distillery or micro‐distillery $0.22 per liter or [$0.0065] per ounce, and a proportionate tax at the same rate on all fractional parts of a liter 4‐185(d) Penalty for late excise tax payment 15% of the tax otherwise due 4‐186(a) Wholesale excise tax on liquor $0.22 per liter of liquor, and a proportionate tax at the same rate on all fractional parts of a liter 4‐186(a) Wholesale excise tax on wine $0.22 per liter of wine, and a proportionate tax at the same rate on all fractional parts of a liter 4‐186(b) Wholesale excise tax on beers Container types When beers are sold in or from a barrel or bulk container $6.00 on each container sold containing not more than 15½ gallons and a proportionate tax at the same rate on all fractional parts of 12 ounces 194 Section 11, Item A. When beers are sold in bottles, cans, or other containers other than barrel or bulk containers $0.05 per 12 ounces and a proportionate tax at the same rate on all fractional parts of 12 ounces 4‐191(b) Interest on deficiency of wholesale or retail excise tax See section 4‐171(b) 4‐191(c) Penalty on deficiency due to fraud 25% of the amount required to be paid 4‐192(b) Penalty for failure to file return For any deficiency which is determined to be made due to fraud, or intent to evade this chapter 25% of the amount required to be paid 4‐193(b) Penalty for failure to pay tax Any party who fails to pay the tax herein imposed by the city, or fails to file any required tax return to the city, within the time required 15% of the tax, or amount of the tax and interest, due the city 195 Section 11, Item A. STATE OF GEORGIA ORDINANCE NO._____________ COUNTY OF FULTON AN ORDINANCE TO AMEND CHAPTER 4 OF THE MILTON CODE OF ORDINANCES (ALCOHOLIC BEVERAGES) AND APPENDIX A OF THE MILTON CODE OF ORDINANCES TO UPDATE AND CLARIFY REQUIREMENTS FOR ALCOHOLIC BEVERAGE LICENSING IN THE CITY OF MILTON The Council of the City of Milton hereby ordains, while in a regularly called council meeting on October 18, 2021 at 6:00 p.m., as follows: WHEREAS, the Code of the City of Milton, Georgia, contains a Chapter 4 addressing sale and consumption of alcoholic beverages (the “Alcohol Code”); WHEREAS, the City Council desires to amend various sections of the Alcohol Code pertaining to the requirements and licensing of establishments; to provide for and modify certain definitions; and for other purposes; and WHEREAS, the City Council desires to amend Appendix A (Fees and Other Charges) to the Code of the City of Milton to reflect the changes made to the Alcohol Code; NOW THEREFORE, THE COUNCIL OF THE CITY OF MILTON HEREBY ORDAINS as follows: SECTION 1. Chapter 4 of the Code of the City of Milton, Georgia is hereby amended by deleting the existing Chapter 4 and replacing it with the document attached hereto as Exhibit A. SECTION 2. Appendix A of the Code of the City of Milton, Georgia is hereby amended by deleting the fees pertaining the Chapter 4 and replacing them with the fees attached hereto as Exhibit B. SECTION 3. All ordinances, parts of ordinances, or regulations in conflict herewith are repealed. SECTION 4. This Ordinance shall become effective upon its adoption. [EXECUTED ON FOLLOWING PAGE] 196 Section 11, Item A. ORDAINED this the 18th day of October, 2021. ____________________________________ Joe Lockwood, Mayor Attest: ______________________________ Tammy Lowit, City Clerk 197 Section 11, Item A. Exhibit A 198 Section 11, Item A. Exhibit B 199 Section 11, Item A. CITY COUNCIL AGENDA ITEM TO: City Council DATE: October 12, 2021 FROM: Steven Krokoff, City Manager AGENDA ITEM: Consideration of the Issuance of an Alcohol Beverage License to I Love NY Pizza of Milton d/b/a Milton Mediterranean Cuisine, 980 Birmingham Road, Suite 200, Milton, GA 30004 MEETING DATE: Monday, October 18, 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 October 18, 2021 X X 200 Section 12, Item A. To: Honorable Mayor and City Council Members From: Bernadette Harvill, Assistant City Manager Date: Submitted on October 12, 2021 for the October 18, 2021 Regular Council Meeting Agenda Item: Consideration of the Issuance of an Alcohol Beverage License to I Love NY Pizza of Milton d/b/a Milton Mediterranean Cuisine, 980 Birmingham Road, Suite 200, Milton, GA 30004 ____________________________________________________________________________________________ Department Recommendation: Approve the issuance of an alcohol beverage license for I Love NY Pizza of Milton d/b/a Milton Mediterranean Cuisine, for consumption on premises of Wine, Malt Beverages and Distilled Spirits with Sunday Sales. Executive Summary: City of Milton Code of Ordinances Chapter 4 allows for the issuance of alcohol beverage licenses to businesses that properly submit application for and meet all of the legal requirements to hold such license. This application is submitted due to the opening of a new establishment. Staff has processed the application and recommends issuance of the applicable license for: Business Name: I Love NY Pizza of Milton d/b/a Milton Mediterranean Cuisine Contact Name: Celeste Jaime Business Address: 980 Birmingham Road, Suite 200, Milton, GA 30004 Type of License: Consumption on Premises – Wine and Malt Beverages and Distilled Spirits with Sunday Sales. Funding and Fiscal Impact: There is a positive fiscal impact of license fees and/or monthly excise taxes. Legal Review: Not required. Concurrent Review: Steven Krokoff, City Manager 201 Section 12, Item A. CITY COUNCIL AGENDA ITEM TO: City Council DATE: October 12, 2021 FROM: Steven Krokoff, City Manager AGENDA ITEM: Consideration of a Resolution for the City of Milton to Approve a New List of Waste Hauling Companies for 2021/2022 MEETING DATE: Monday, October 18, 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 October 18, 2021 X 202 Section 12, Item B. To: Honorable Mayor and City Council Members From: Robert Buscemi, Community Development Director Date: Submitted on October 12, 2021 for the October 18, 2021 Regular City Council Meeting Agenda Item: Consideration of a Resolution for the City of Milton to Approve a New List of Waste Hauling Companies for 2021/2022 _____________________________________________________________________________________ Department Recommendation: Approval. Executive Summary: Chapter 46, Section III of the City of Milton Code of Ordinances contains requirements for any waste haulers seeking to operate within the Milton city limits. These requirements include providing proof of insurance, paying infrastructure fees, and affirming by affidavit adherence to the solid waste ordinance. The companies listed here have met these requirements. There are several changes since the 2020/2021 list. Waste Management has acquired (formerly approved Milton hauler) Advanced Disposal; Red Oak Sanitation has acquired (formerly approved Milton hauler) Sanitation Solutions; GW Lovelace has gone out of business and has been removed from the list; and T N T Junk & Trash Removal has been added to the list. Funding and Fiscal Impact: N/A Alternatives: N/A Legal Review: Dennis Bost, Jarrard & Davis (September 3, 2021) Concurrent Review: Steve Krokoff, City Manager Attachment(s): Resolution 203 Section 12, Item B. Page 1 of 3 STATE OF GEORGIA RESOLUTION NO. ___________ COUNTY OF FULTON RESOLUTION OF THE CITY OF MILTON TO APPROVE A NEW LIST OF WASTE HAULING COMPANIES FOR 2021/2022 WHEREAS, Milton, Georgia (referenced herein as the “City”) maintains a Solid Waste Ordinance, codified in Chapter 46, Article III, of the Milton Code of Ordinances, and each “Section” referenced hereinafter is a reference to a Section located in Chapter 46; WHEREAS, Section 46-70 requires waste haulers to pay infrastructure maintenance fees to the City quarterly, in the amount of five percent (5%) of gross receipts; and WHEREAS, Section 46-72 provides that waste haulers must maintain a minimum coverage of: $1M for general liability per occurrence with a $2M aggregate; $1M for automobile liability per occurrence; and, $1M for umbrella coverage on both automobile liability and general liability; and WHEREAS, Section 46-123 provides that all waste haulers must file an affidavit to the City indicating their acceptance of the terms and provisions of this Ordinance and the request for contract; and WHEREAS, upon full compliance with the said “Sections” codified in Chapter 46, Article III, of the Milton Code of Ordinance, the City wishes to provide a list of proposed waste haulers, attached as “Exhibit A” hereto, to be approved by the City; and 204 Section 12, Item B. Page 2 of 3 NOW THEREFORE, BE IT RESOLVED, the Mayor and Council of the City of Milton, Georgia, pursuant to their authority do hereby adopt a “Resolution” as follows: 1. The list of proposed waste haulers, as detailed in “Exhibit A” attached hereto, for the 2021/2022, are hereby approved and affirmed. SO RESOLVED, the above Resolution was read and approved by the Mayor and Council of the City of Milton on the _______ day of _____________2021. Approved: __________________________________ Joe Lockwood, Mayor Attest: [CITY SEAL] ________________________________ City Clerk [“EXHIBIT A” BEGINS ON THE FOLLOWING PAGE] 205 Section 12, Item B. Page 3 of 3 “EXHIBIT A” 2021/2022 COUNCIL APPROVED WASTE HAULERS LIST American Disposal Service of Georgia, Inc., a Georgia corporation Arrow, Inc., a Georgia corporation Bossman Hauling and Sanitation, LLC, a Georgia limited liability company Custom Disposal Service, Inc., a Georgia corporation Grogan Disposal Company LLC, a Georgia limited liability company Henry Kincaid LLC, a Georgia limited liability company M & M Waste, Inc., a Georgia corporation Red Oak Sanitation, Inc., a Georgia corporation Republic Services, Inc., a Delaware corporation T N T Junk & Trash Removal LLC, a Georgia limited liability company Georgia Waste Systems, LLC, a Georgia limited liability company, an affiliate of Waste Management, Inc. headquartered in Houston, Texas Waste Pro USA, Inc., a Florida corporation 206 Section 12, Item B. CITY COUNCIL AGENDA ITEM TO: City Council DATE: October 12, 2021 FROM: Steven Krokoff, City Manager AGENDA ITEM: Consideration of a Construction Service Agreement Between the City of Milton and Advanced Sports Group to Construct Two Artificial Turf Fields at the Cox Road Athletic Complex MEETING DATE: Monday, October 18, 2021 City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: ___ APPROVED ___ NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: ___ YES ___ NO CITY ATTORNEY REVIEW REQUIRED: ___ YES ___ NO APPROVAL BY CITY ATTORNEY ___ APPROVED ___ NOT APPROVED PLACED ON AGENDA FOR: __________ X X X X October 18, 2021 207 Section 12, Item C. To: Honorable Mayor and City Council Members From: Tom McKlveen, Parks & Recreation Manager Date: Submitted on October 11, 2021 for the October 18, 2021 City Council Meeting Agenda Item: Consideration of a Construction Service Agreement Between the City of Milton and Advanced Sports Group to Construct Two Artificial Turf Fields at the Cox Road Athletic Complex _____________________________________________________________________________________ Project Description: Issue: The Parks and Recreation programs are currently over capacity at the high-quality, high-demand field space at our active parks. Background: At any given time, Monday through Thursday, between the hours of 5:30pm and 8pm, you’ll see multiple lacrosse and/or football teams practicing on a single artificial turf field at Bell Memorial Park. Often times, a field will be shared by 3-4 teams. While this is still safe, it’s not desired, as it hinders a team’s ability to practice all the elements of the sport due to the space restraint. As a result, the overall quality of the city program is diminished. Staff recommends two teams practice on an athletic field at one time. Field capacity issues at Bell Memorial Park are causing this crowding of the fields. Because those fields are artificial turf, our residents want to schedule all their practices on them. In the spring season, we have allocated one half of a turf field to the baseball program as the participation in baseball has been on a steady rise since 2015. Hopewell Youth Association, the City’s youth baseball provider had 850+ participants this past spring while the lacrosse programs added up to just over 500 participants. Each rectangular field can accommodate up to 270 kids, distributed evenly under the current practice structure for youth lacrosse. With one and half turf fields, we cannot accommodate all the lacrosse teams at Bell Memorial Park. The City of Milton does have access to additional athletic fields. These fields include the Cox Road Athletic Complex and the various IGA fields located on Fulton County School properties. All of these facilities have limitations -- high risk of rainouts, lack of field lighting and inaccessibility to quality restrooms. Most of those fields, including the Cox Road Athletic Complex do not have field fencing to keep the balls within the playing 208 Section 12, Item C. surface. A breakdown of the available rectangular fields are listed below, showing the limitations to each field. Location # of Grass Fields # of Turf Fields Limitations/Deficiencies Bell Memorial Park 0 2 None Cox Road Athletic Complex 2 ½ No field fencing, no netting, turf field is small Northwestern Middle School 3 0 No lights Birmingham Falls Elementary 1 0 No lights, Portable restroom Hopewell Middle School 1 0 No lights, portable restroom, parking issues, small field Cogburn Woods Elementary 1 0 No lights, portable restroom, small field The 2027 Comprehensive Parks & Recreation Master Plan states, “Out of the total of nine multi-purpose fields in the city inventory, seven are IGA fields at schools. None of the IGA fields are lit, nor do they have permanent restroom facilities. The level of service standards for sports fields typically assumes that the fields are lit and have restrooms in order to meet demand.” When in standard time (not daylight savings) the IGA fields are not suitable for half of the spring season and the conclusion of the fall season because there are not field lights. Lights can be rented with Fulton County School Board approval, but it is costly. And again, they are still natural grass. Staff Recommendation: To solve the issue, City staff along with the Parks & Recreation Advisory Board recommended enhancing the Cox Road Athletic Complex to be similar to the high- quality of facilities that we utilize at Bell Memorial Park. At the April 12, 2021 Regular Council Meeting, staff presented the concept of turfing the two fields at the Cox Road Athletic Complex. Council approved staff’s recommendation to move forward with the park improvements. In August, staff went out to public bid to turf the two multi-purpose fields, properly fence the fields, and install protective netting in the areas of the field with the most use. The solicitation returned three competitive bids for the project. After technical scoring from staff, Advanced Sports Group was the selected vendor. Overall, the project comes in a little under the original anticipated budget. Staff is recommending approval of the Construction Service Agreement. Financial Impact The project cost will be $1,436,416.41 The above cost includes artificial turf, fencing and netting for both fields, a natural infill material that creates a cooler surface for participant safety and football goal posts. 89.85% of the funding will come from IMPACT Fees, while the remaining balance will be funded by the Cox Road Athletic Complex capital account. 209 Section 12, Item C. Procurement Summary: Purchasing method used: RFP Account Number: 350-6110-541200004 $1,290,620.14 300-6110-541200004 $145,796.27 Requisition Total: $1,436,416.41 Financial Review: Bernadette Harvill, October 12, 2021 Legal Review: Dennis Bost, Jarrard & Davis, LLP – October 5, 2021 Attachment(s): Construction Service Agreement 210 Section 12, Item C. 1 Construction Services Agreement | Version 1.0 CONSTRUCTION SERVICES AGREEMENT Milton Parks & Recreation Cox Road Artificial Field Turfing 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 ADVANCED SPORTS GROUP, LLC, a Georgia limited liability company having a principal address located at 2105 Barrett Park Drive, Suite 106, Kennesaw, GA, 30144 (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 proposals for construction of the Project pursuant to the Request for Proposals, dated August 12, 2021, attached hereto as “Exhibit A” and incorporated herein by reference; and WHEREAS, the Contractor submitted a complete and timely proposal, attached hereto as “Exhibit B” and incorporated herein by reference, and met all proposal requirements such that the City awarded Project Number RFP 21-PR03 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 proposal, the City has selected Contractor as the successful proposer, and WHEREAS, Contractor desires to perform the Work as set forth in this Agreement under the terms and conditions provided in this Agreement; and WHEREAS, the public interest will be served by this Agreement; and WHEREAS, Contractor has familiarized itself with the nature and extent of the Contract 211 Section 12, Item C. 2 Construction Services Agreement | Version 1.0 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 Proposals, attached hereto as “Exhibit A”; B. Proposal Documents from Contractor, dated September 14, 2021, attached hereto as “Exhibit B”; C. Scope of Work, attached hereto as “Exhibit C”; D. Any required Performance Bond, Payment Bond, and Maintenance Bond attached hereto collectively as “Exhibits D.1, D.2, and D.3”; E. Noncollusion Affidavit of Prime Proposer, 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. Genral Conditions (if issued), attached hereto as “Exhibit L” ~ Reserved; M. upplementary Conditions (if issued), attached hereto as “Exhibit M” ~ Reserved; N. “Exhibit N” - Reserved; O. City of Milton Code of Ethics (codified in the official Code of the City of Milton); 212 Section 12, Item C. 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: design, size, and layout of two large fields, converting them to artificial turf with required and appropriate fencing and netting. The field must accommodate unified youth lacrosse on both fields, two baseball fields with dugouts, and a football field with football goal posts. Specific requirements are further detailed in “Exhibit C” (the “Project”). A third- party Architect or Engineer (as identified below) has not been retained related to this Project. B. Architect/Engineer (if any). (i) Architect [if applicable]. The Project has been designed by ____N/A_____ (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: __Tom Mcklveen, Parks and Recreation Manager __. Section 3. The Work A. The Work. The work to be completed under this Agreement 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”). 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 213 Section 12, Item C. 4 Construction Services Agreement | Version 1.0 Documents. In the event of any discrepancy among the terms of the various Contract Documents, the provision most beneficial to the City, as determined by the City in its sole discretion, shall govern. B. Notice to Proceed. The City will issue a Notice to Proceed, which Notice to Proceed shall state the dates for beginning Work (“Commencement Date”) and the “Expected Date of Final Completion” (as 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. 214 Section 12, Item C. 5 Construction Services Agreement | Version 1.0 The Contractor shall perform no portion of the Work for which the Contract Documents require submittal and review of Shop Drawings, Product Data, Samples or similar submittals until the respective submittal has been approved in writing by the Contract Administrator, provided that submittals that are not required by the Contract Documents may be returned without action. The Work shall be completed in accordance with approved submittals, provided that the Contractor shall not be relieved of responsibility for deviations from requirements of the Contract Documents by the Contract Administrator’s approval of Shop Drawings, Product Data, Samples or similar submittals, unless the Contractor has specifically informed the Contract Administrator in writing of such deviation at the time of submittal and (1) the Contract Administrator has given written approval to the specific deviation as a minor change in the Work, or (2) a written Change Order has been issued and approved to authorize the deviation. The Contract Administrator’s approval of the Shop Drawings, Product Data, Samples or similar submittals shall not relieve the Contractor of responsibility for errors or omissions therein. The Contractor shall, in writing or on resubmitted Shop Drawings, Product Data, Samples or similar submittals, direct the Contract Administrator’s attention to any additional revisions included other than those requested by the Contract Administrator on previous submittals. In the absence of such written notice drawing the Contract Administrator’s attention to such additional revisions, the 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 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 (“Term”) (provided that certain obligations, including but not limited to Warranty obligations, will survive termination/expiration of this Agreement). Contractor warrants and represents that it will perform its Work in a prompt and timely manner, which shall not impose delays on the progress of the Work. The Contractor shall commence Work pursuant to this Agreement within five (5) business days of the Commencement Date provided by the City, and the Parties intend that all Work shall be completed on or before March 1, 2022 (the “Expected Date of Final Completion”). Every effort will be made by Contractor to shorten this period. If the Term of this Agreement 215 Section 12, Item C. 6 Construction Services Agreement | Version 1.0 continues beyond the fiscal year in which this Agreement is executed, the Parties agree that this Agreement, as required by O.C.G.A. § 36-60-13, shall terminate absolutely and without further obligation on the part of the City on September 30 each fiscal year of the Term, and further, that this Agreement shall automatically renew on October 1 of each subsequent fiscal year absent the City’s provision of written notice of non-renewal to Contractor at least five (5) calendar days prior to the end of the then current fiscal year. Title to any supplies, materials, equipment, or other personal property shall remain in Contractor until fully paid for by the City. B. Time is of the Essence; Liquidated Damages. Contractor specifically acknowledges that TIME IS OF THE ESSENCE of this Agreement and that City will suffer financial loss if the Work is not completed in accordance with the deadlines specified in Section 4(A) above and within the Contract Documents. The City and Contractor also recognize the delays, expense, and difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by the City if the Work is not completed within the specified times. Accordingly, instead of requiring any such proof, the City and Contractor agree that, as liquidated damages for delay (but not as a penalty), the Contractor shall pay to the City _________N/A________ for each and every calendar day that expires after a deadline provided in the Contract Documents. C. Expediting Completion. The Contractor is accountable for completing the Work within the time period provided in the Contract Documents. If, in the judgment of 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 216 Section 12, Item C. 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 ONE MILLION FOUR HUNDRED THIRTY-SIX THOUSAND FOUR HUNDRED SIXTEEN AND 41/100 DOLLARS ($1,436,416.41) (the “Maximum Contract Price”), except as outlined in Section 6 below. The compensation for Work performed shall be based upon a lump sum fee consisting of the base bid including a Miscellaneous Construction Allowance of $100,000.00, for a total of $1,369,538.63, plus Bid Alternate GeoFill Top Dressing at a cost of $47,647.78 and Bid Alternate Total for Football Goal Posts for a cost of $19,230.00. The foregoing fees shall be included in the Maximum Contract Price figure 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 217 Section 12, Item C. 8 Construction Services Agreement | Version 1.0 extent, if any, that the City furnishes tangible personal property to Contractor for incorporation into the Project, Contractor shall be responsible for paying the amount of tax owed for such tangible personal property. Section 6. Change Orders A. Change Order Defined. A “Change Order” means a written modification of the Contract Documents, signed by representatives of the City and the Contractor with appropriate authorization. B. Right to Order Changes. The City reserves the right to order changes in the Work to be performed under this Agreement by altering, adding to, or deducting from the Work. All such changes shall be incorporated in written Change Orders and executed by the Contractor and the City. Such Change Orders shall specify the changes ordered and any necessary adjustment of compensation and completion time. If the Parties cannot reach an agreement on the terms for performing the changed work within a reasonable time to avoid delay or other unfavorable impacts as determined by the City in its sole discretion, the City shall have the right to determine reasonable terms, and the Contractor shall proceed with the changed work. C. Change Order Requirement. Any work added to the scope of this Agreement by a Change Order shall be executed under all the applicable conditions of this Agreement. No claim for additional compensation or extension of time shall be recognized, unless contained in a written Change Order duly executed on behalf of the City and the Contractor. D. Authority to Execute Change Order. The City Manager has authority to execute, without further action of the Milton City Council, any number of Change Orders so long as their total effect does not materially alter the terms of this Agreement or materially increase the Maximum Contract Price, as set forth in Section 5(A) above. Any such Change Orders materially altering the terms of this Agreement, or any Change Order affecting the price where the Maximum Contract Price (as amended) is in excess of $50,000, must be approved by resolution of the Milton City Council. No price variance hereunder shall exceed ten percent (10%) of the Maximum Contract Price. 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. 218 Section 12, Item C. 9 Construction Services Agreement | Version 1.0 Section 7. Covenants of Contractor A. Ethics Code; Conflict of Interest. (i) Contractor agrees that it shall not engage in any activity or conduct that would result in a violation of the City of Milton Code of Ethics or any other similar law or regulation. Contractor certifies that to the best of his knowledge no circumstances exist which will cause a conflict of interest in performing the Work. Should Contractor become aware of any circumstances that may cause a conflict of interest during the Term of this Agreement, Contractor shall immediately notify the City. If the City determines that a conflict of interest exists, the City may require that Contractor take action to remedy the conflict of interest or terminate the Agreement without liability. The City shall have the right to recover any fees paid for services rendered by Contractor when such services were performed while a conflict of interest existed if Contractor had knowledge of the conflict of interest and did not notify the City within five (5) business days of becoming aware of the existence of the conflict of interest. (ii) Contractor and the City acknowledge that it is prohibited for any person to offer, give, or agree to give any City employee or official, or for any City employee or official to solicit, demand, accept, or agree to accept from another person, a gratuity of more than nominal value or rebate or an offer of employment in connection with any decision, approval, disapproval, recommendation, or preparation of any part of a program requirement or a purchase request, influencing the content of any specification or procurement standard, rendering of advice, investigation, auditing, or in any other advisory capacity in any proceeding or application, request for ruling, determination, claim or controversy, or other particular matter, pertaining to any program requirement or a contract or subcontract, or to any solicitation or proposal therefor. The Contractor and the City further acknowledge that it is prohibited for any payment, gratuity, or offer of employment to be made by or on behalf of a sub-consultant under a contract to the prime Contractor or higher tier sub- consultant, or any person associated therewith, as an inducement for the award of a subcontract or order. B. Meetings. The Contractor is required to meet with the City’s personnel, or designated representatives, to resolve technical or contractual problems that may occur during the Term of this Agreement at no additional cost to the City. Meetings will occur as problems arise and will be coordinated by the City or the Contract Administrator. The Contractor will be given a minimum of three (3) full business days’ notice of meeting date, time, and location. Face-to-face meetings are desired. However, at the Contractor’s option and expense, a conference call meeting may be substituted. Consistent failure to participate in problem resolution meetings, two consecutive missed or rescheduled meetings, or failure to make a good faith effort to resolve problems, may result in termination of the contract for cause. 219 Section 12, Item C. 10 Construction Services Agreement | Version 1.0 C. Expertise of Contractor. Contractor accepts the relationship of trust and confidence established between it and the City, recognizing that the City’s intention and purpose in entering into this Agreement is to engage an entity with the requisite capacity, experience, and professional skill and judgment to provide the Work in pursuit of the timely and competent completion of the Work undertaken by Contractor under this Agreement. The Contractor agrees to use its best efforts, skill, judgment, and abilities to perform its obligations and to further the interests of City and the Project in accordance with City’s requirements and procedures, and Contractor shall employ only persons duly qualified in the appropriate area of expertise to perform the Work described in this Agreement. D. Proper Execution by Contractor. Contractor agrees that it will perform its services in accordance with the usual and customary standards of the Contractor’s profession or business and in compliance with all federal, state, and local laws, regulations, codes, ordinances, or orders applicable to the Project, including, but not limited to, O.C.G.A. § 50-5-63, any applicable records retention requirements, and Georgia’s Open Records Act (O.C.G.A. § 50-18-70, et seq.). Any additional work or costs incurred as a result of error and/or omission by Contractor as a result of not complying with the Contract Documents or not meeting the applicable standard of care or quality, including but not limited to those of repeated procedures and compensation for the Contract Administrator’s services or expenses, will be provided at Contractor’s expense and at no additional cost to the City. This provision shall survive termination of this Agreement. It is the Contractor’s responsibility to be reasonably aware of all applicable laws, statutes, ordinances, building codes, and rules and regulations. If the Contractor observes that portions of the Contract Documents are at variance therewith, the Contractor shall promptly notify the Contract Administrator and the City in writing of any portions of the Contract Documents that are at variance with the applicable laws, statutes, ordinances, building codes, and rules and regulations. The Contractor’s duties shall not be diminished by any approval by the City or Contract Administrator of Work completed or produced; nor shall any approval by the City or Contract Administrator of Work completed or produced release the Contractor from any liability therefor, it being understood that the City is ultimately relying upon the Contractor’s skill and knowledge in performing the Work required under the Contract Documents. Organization of the specifications into divisions, sections and articles, and arrangement of drawings shall not control the Contractor in dividing the Work among subcontractors or in establishing the extent of Work to be performed by any trade. E. Familiarity with the Work. (i) Contractor Familiarity with Work. Contractor represents that it has familiarized itself with the nature and extent of the Contract Documents, 220 Section 12, Item C. 11 Construction Services Agreement | Version 1.0 the Work, work site(s), locality, and all local conditions, laws and regulations that in any manner may affect cost, progress, performance, or furnishing of the Work. Since the Contract Documents are complementary, before starting each portion of the Work, the Contractor shall carefully study and compare the various Contract Documents, site conditions, authorities, tests, reports and studies relative to that portion of the Work, as well as the information furnished by the City, shall take field measurements of any existing conditions related to that portion of the Work, and shall observe any conditions at the Project site(s) affecting it. Contractor represents and agrees that it has correlated the results of all such observations, examinations, investigations, explorations, tests, reports, and studies with the terms and conditions of the Contract Documents. These obligations are for the purpose of facilitating construction by the Contractor and are not for the purpose of discovering errors, omissions, inconsistencies, or ambiguities in the Contract Documents; however, any errors, inconsistencies, omissions, or ambiguities discovered by the Contractor shall be reported promptly to the Contract Administrator and City in writing. Contractor represents that it has given the City written notice of all errors, omissions, inconsistencies, or ambiguities that the Contractor has discovered in the Contract Documents so far, and the written resolution thereof by the City is acceptable to the Contractor. Further, Contractor acknowledges that its obligation to give notice of all such errors, omissions, inconsistencies, or ambiguities shall be continuing during the Term of this Agreement. Any failure on the part of the Contractor to notify the Contract Administrator and City in writing of any errors, omissions, inconsistencies, or ambiguities in the Contract Documents that Contractor discovered or reasonably should have discovered shall result in a waiver and full release by the Contractor of any future arguments or defenses based on such errors, omissions, inconsistencies, or ambiguities against the City. Further, if the Contractor fails to perform its obligations pursuant to this paragraph, the Contractor shall pay such costs and damages to the City as would have been avoided if the Contractor had performed such obligations. (ii) Inspection of Prior Work. If part of the Contractor’s Work depends for proper execution or results upon construction or operations by a separate contractor, the Contractor shall, prior to proceeding with that portion of the Work, promptly report to the Contract Administrator apparent discrepancies or defects in such other construction that would render it unsuitable for such proper execution and results. Failure of the Contractor so to report shall constitute an acknowledgment that the City’s or separate contractor’s completed or partially completed construction is fit and proper to receive the Contractor’s Work, except as to defects not then reasonably discoverable, and Contractor shall be responsible for all costs and damages resulting from its failure to report reasonably discoverable defects. (iii) Contractor Requests for Information. If, with undue frequency (as determined by the City in its sole discretion), the Contractor requests 221 Section 12, Item C. 12 Construction Services Agreement | Version 1.0 information that is obtainable through reasonable examination and comparison of the Contract Documents, site conditions, and previous correspondence, interpretations or clarifications, the Contractor shall be liable to the City for reasonable charges from the Contract Administrator for the additional services required to review, research and respond to such requests for information. F. Supervision, Inspection and Construction Procedures. The Contractor shall supervise and direct the Work, using the Contractor’s best skill and attention. The Contractor shall be solely responsible for and have control over construction means, methods, techniques, sequences and procedures and for coordinating all portions of the Work under the Agreement, unless the Contract Documents give other specific instructions concerning these matters. If the Contract Documents give specific instructions concerning construction means, methods, techniques, sequences or procedures, the Contractor shall evaluate the jobsite safety therefor and, except as stated below, shall be fully and solely responsible for the jobsite safety for such means, methods, techniques, sequences, or procedures. If the Contractor determines that such means, methods, techniques, sequences or procedures may not be safe, the Contractor shall give timely written notice to the City and Contract Administrator and shall not proceed with that portion of the Work without further written instructions from the City or Contract Administrator as approved in writing by the City. The Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the performance of this Agreement. The Contractor shall take reasonable precautions for the safety of, and shall provide reasonable protection to prevent damage, injury or loss to: (a) employees and other persons who may be affected, (b) the Work and materials and equipment to be incorporated therein, whether in storage on or off the Project site(s), under care, custody or control of the Contractor or Contractor’s subcontractors or sub-subcontractors, and (c) other property at the Project site(s) or adjacent thereto, such as trees, shrubs, lawns, walks, pavements, roadways, structures and utilities not designated for removal, relocation or replacement in the course of construction. The Contractor shall give notices and comply with applicable laws, ordinances, rules, regulations and lawful orders of public authorities bearing on safety of persons or property or their protection from damage, injury or loss. When use or storage of explosives or other hazardous materials or equipment or unusual methods are necessary for execution of the Work, the Contractor shall exercise utmost care and carry on such activities under supervision of properly qualified personnel. If reasonable precautions will be inadequate to prevent foreseeable bodily injury or death to persons resulting from a material or substance, including but not limited to asbestos or polychlorinated biphenyl (PCB), encountered on the Project site(s) by the Contractor, the Contractor shall, upon recognizing the condition, immediately stop Work in the affected area and report the condition to the City and Contract Administrator in writing. 222 Section 12, Item C. 13 Construction Services Agreement | Version 1.0 G. Tests and Inspections. Tests, inspections and approvals of portions of the Work required by the Contract Documents or by laws, or ordinances, rules, regulations or orders of public authorities having jurisdiction shall be made promptly at an appropriate time to avoid unreasonable delay in the Work. Unless otherwise provided, the Contractor shall make arrangements for such tests, inspections and approvals with an independent testing laboratory or entity acceptable to the City, or with the appropriate public authority, and shall bear all related costs of tests, inspections and approvals. The Contractor shall give the Contract Administrator timely notice of when and where tests and inspections are to be made so that the Contract Administrator may be present for such procedures. Required permits or certificates of testing, inspection or approval shall, unless otherwise required by the Contract Documents, be secured by the Contractor and delivered to the Contract Administrator within ten (10) calendar days of issuance. H. Budgetary Limitations. Contractor agrees and acknowledges that budgetary limitations are not a justification for breach of sound principals of Contractor’s profession and industry. Contractor shall take no calculated risk in the performance of the Work. Specifically, Contractor agrees that, in the event it cannot perform the Work within the budgetary limitations established without disregarding sound principals of Contractor’s profession and industry, Contractor will give written notice immediately to the City. I. City’s Reliance on the Work. The Contractor acknowledges and agrees that the City does not undertake to approve or pass upon matters of expertise of the Contractor and that therefore, the City bears no responsibility for Contractor’s Work performed under this Agreement. The Contractor acknowledges and agrees that the acceptance of Work by the City is limited to the function of determining whether there has been compliance with what is required to be produced under this Agreement. The City will not, and need not, inquire into adequacy, fitness, suitability or correctness of Contractor’s performance. Contractor further agrees that no approval of designs, plans, or specifications by any person, body, or agency shall relieve Contractor of the responsibility for adequacy, fitness, suitability, and correctness of Contractor’s Work under professional and industry standards, or for performing services under this Agreement in accordance with sound and accepted professional and industry principles. J. Contractor’s Reliance on Submissions by the City. Contractor must have timely information and input from the City in order to perform the Work required under this Agreement. Contractor is entitled to rely upon information provided by the City, but Contractor shall be required to provide immediate written notice to the City if Contractor knows or reasonably should know that any information provided by the City is erroneous, inconsistent, or otherwise problematic. K. Uncovering and Correction of Work. If a portion of the Work is covered contrary to the Contract Administrator’s request or to requirements specifically expressed in the Contract Documents, it must, if required in writing by the Contract 223 Section 12, Item C. 224 Section 12, Item C. 15 Construction Services Agreement | Version 1.0 those of its subordinates, employees, and subcontractors during the life of this Agreement. There shall be no contractual relationship between any subcontractor or supplier and the City by virtue of this Agreement with the Contractor. Any provisions of this Agreement that may appear to give the City the right to direct Contractor as to the details of the services to be performed by Contractor or to exercise a measure of control over such services will be deemed to mean that Contractor shall follow the directions of the City with regard to the results of such services only. It is further understood that this Agreement is not exclusive, and the City may hire additional entities to perform Work related to this Agreement. Inasmuch as the City and the Contractor are independent of each other, neither has the authority to bind the other to any third person or otherwise to act in any way as the representative of the other, unless otherwise expressly agreed to in writing signed by both Parties hereto. The Contractor agrees not to represent itself as the City’s agent for any purpose to any party or to allow any employee of the Contractor to do so, unless specifically authorized, in advance and in writing, to do so, and then only for the limited purpose stated in such authorization. The Contractor shall assume full liability for any contracts or agreements the Contractor enters into on behalf of the City without the express knowledge and prior written consent of the City. O. Responsibility of Contractor and Indemnification of City. The Contractor covenants and agrees to take and assume all responsibility for the Work rendered in connection with this Agreement. The Contractor shall bear all losses and damages directly or indirectly resulting to it and/or the City on account of the performance or character of the Work rendered pursuant to this Agreement. To the fullest extent permitted by law, Contractor shall defend, indemnify, and hold harmless the City and the City’s elected and appointed officials, officers, boards, commissions, employees, representatives, consultants, servants, agents, attorneys and volunteers (individually an “Indemnified Party” and collectively “Indemnified Parties”) from and against any and all claims, suits, actions, judgments, injuries, damages, losses, costs, expenses and liability of any kind whatsoever, including, but not limited to, attorney’s fees and costs of defense (“Liabilities”), which may arise from or be the result of alleged willful, negligent, or tortious act or omission arising out of the Work, performance of contracted services, or operations by the Contractor, any subcontractor, anyone directly or indirectly employed by the Contractor or subcontractor, or anyone for whose acts the Contractor or subcontractor may be liable, regardless of whether or not the act or omission is caused in part by a party indemnified hereunder. This indemnity obligation does not include Liabilities caused by or resulting from the sole negligence of an Indemnified Party. Such obligation shall not be construed to negate, abridge, or otherwise reduce any other right or obligation of indemnity which would otherwise exist as to any party or person described in this provision. In any and all claims against an Indemnified Party, by any employee of the Contractor, its subcontractor, anyone directly or indirectly employed by the Contractor or subcontractor, or anyone for whose acts the Contractor or 225 Section 12, Item C. 16 Construction Services Agreement | Version 1.0 subcontractor may be liable, the indemnification obligation set forth in this provision shall not be limited in any way by any limitation on the amount or type of damages, compensation, or benefits payable by or for the Contractor or any subcontractor under workers’ or workmen’s compensation acts, disability benefit acts, or other employee benefit acts. This obligation to indemnify, defend, and hold harmless the Indemnified Party(ies) shall survive expiration or termination of this Agreement, provided that the claims are based upon or arise out of actions or omissions that occurred during the performance of this Agreement. P. Insurance. (1) Requirements: The Contractor shall have and maintain in full force and effect for the duration of this Agreement, insurance insuring against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Work by the Contractor, its agents, representatives, employees or subcontractors. All policies shall be subject to approval by the City as to form and content. These requirements are subject to amendment or waiver if so approved in writing by the City Manager. (2) Minimum Limits of Insurance: Contractor shall maintain the following insurance policies with coverage and limits no less than: (a) Commercial General Liability: $1,000,000 (one million dollars) combined single limit per occurrence $2,000,000 (two million dollars) aggregate comprehensive/extended/enhanced Commercial General Liability policy with coverage including bodily and personal injury, sickness, disease or death, injury to or destruction of property, including loss of use resulting therefrom, damage to premises/operations, products/completed operations, independent consultants and contractual liability (specifically covering the indemnity), broad-from property damage, and underground, explosion and collapse hazard. This coverage may be achieved by using an excess or umbrella policy. The policy or policies must be on “an occurrence” basis (“claims made” coverage is not acceptable). (b) Commercial Automobile Liability (owned, non-owned, hired): $1,000,000 (one million dollars) combined single limit per occurrence $2,000,000 (two million dollars) aggregate for comprehensive Commercial Automobile liability coverage (owned, non-owned, hired) including bodily and personal injury, sickness, disease or death, injury to or destruction of property, including loss of use resulting therefrom. (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 226 Section 12, Item C. 17 Construction Services Agreement | Version 1.0 negligent acts (required if any professional services will be provided). (d) Workers’ Compensation and Employers’ Liability: Workers’ Compensation policy with limits as required by the State of Georgia and Employers’ Liability limits of $1,000,000 (one million dollars) per occurrence or disease. (If Contractor is a sole proprietor, who is otherwise not entitled to coverage under Georgia’s Workers’ Compensation Act, Contractor must secure Workers’ Compensation coverage approved by both the State Board of Workers’ Compensation and the Commissioner of Insurance. The amount of such coverage shall be the same as what is otherwise required of employers entitled to coverage under the Georgia Workers’ Compensation Act. Further, the Contractor shall provide a certificate of insurance indicating that such coverage has been secured and that no individual has been excluded from coverage.) (e) Builder’s Risk Insurance: Contractor shall provide a Builder’s Risk Insurance Policy to be made payable to the City and Contractor, as their interests may appear. The policy amount shall be equal to 100% of the Maximum Contract Price, written on a Builder’s Risk “All Risk,” or its equivalent. The policy shall provide, or be endorsed to provide, as follows: “The following may occur without diminishing, changing, altering or otherwise affecting the coverage and protection afforded the insured under this policy: i) Equipment may be delivered to the insured premises and installed in place ready for use; and ii) Partial or complete occupancy by City; and iii) Performance of Work in connection with construction operations insured by the City, by its agents or lessees, or other contractors of the City or using agency.” The insurance coverage shall include extended coverage, and providing coverage for transit, with sub- 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. 227 Section 12, Item C. 18 Construction Services Agreement | Version 1.0 (4) Other Insurance Provisions: Each policy shall contain, or be endorsed to contain, the following provisions respectively: (a) General Liability, Automobile Liability and Umbrella Liability Coverage. (i) Additional Insured Requirement. The City and City’s elected and appointed officials, officers, boards, commissioners, employees, representatives, consultants, servants, agents and volunteers (individually “Insured Party” and collectively “Insured Parties”) shall be named as additional insureds as respects: liability arising out of activities performed by or on behalf of the Contractor; products and completed operations of the Contractor; premises owned, leased, or used by the Contractor; automobiles owned, leased, hired, or borrowed by the Contractor. The coverage shall contain no special limitations on the scope of protection afforded to the Insured Parties. Nothing contained in this section shall be construed to require the Contractor to provide liability insurance coverage to any Insured Party for claims asserted against such Insured Party for its sole negligence. (ii) Primary Insurance Requirement. The Contractor’s insurance coverage shall be primary noncontributing insurance as respects to any other insurance or self-insurance available to the Insured Parties. Any insurance or self- insurance maintained by the Insured Parties shall be in excess of the Contractor’s insurance and shall not contribute with it. (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. 228 Section 12, Item C. 19 Construction Services Agreement | Version 1.0 (vi) Subrogation. The insurer shall agree to waive all rights of subrogation against the Insured Parties for losses arising from Work performed by the Contractor for the City. (b) Workers’ Compensation Coverage: The insurer providing Workers’ Compensation Coverage will agree to waive all rights of subrogation against the Insured Parties for losses arising from Work performed by the Contractor for the City. (c) All Coverages: (i) Notice Requirement. Each insurance policy required by this Agreement shall be endorsed to state that coverage shall not be suspended, voided, or canceled except after thirty (30) calendar days prior written notice (or 10 calendar days if due to non-payment) has been given to the City. The City reserves the right to accept alternate notice terms and provisions, provided they meet the minimum requirements under Georgia law. (ii) Starting and Ending Dates. Policies shall have concurrent starting and ending dates. (iii) Incorporation of Indemnification Obligations. Policies shall include an endorsement incorporating the indemnification obligations assumed by the Contractor under the terms of this Agreement, including but not limited to Section 7(O) of this Agreement. (5) Acceptability of Insurers: The insurance to be maintained by Contractor must be issued by a company licensed or approved by the Insurance Commissioner to transact business in the State of Georgia. Such insurance shall be placed with insurer(s) with an A.M. Best Policyholder’s rating of 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 229 Section 12, Item C. 20 Construction Services Agreement | Version 1.0 policy is provided. The City reserves the right to require complete, certified copies of all required insurance policies at any time. The Contractor shall provide proof that any expiring coverage has been renewed or replaced prior to the expiration of the coverage. (7) Subcontractors: Contractor shall either (1) ensure that its insurance policies (as described herein) cover all subcontractors and the Work performed by such subcontractors or (2) ensure that any subcontractor secures separate policies covering that subcontractor and its Work. All coverage for subcontractors shall be subject to all of the requirements stated in this Agreement, including, but not limited to, naming the Insured Parties as additional insureds. (8) Claims-Made Policies: Contractor shall extend any claims-made insurance policy for at least six (6) years after termination or final payment under the Agreement, whichever is later, and have an effective date which is on or prior to the Effective Date. (9) Progress Payments: The making of progress payments to the Contractor shall not be construed as relieving the Contractor or its subcontractor or insurance carriers from providing the coverage required in this Agreement. Q. Bonds. In public works construction contracts valued at more than one hundred thousand dollars ($100,000.00) or road construction/maintenance contracts valued at five thousand dollars ($5,000.00) or more, or in any other instance where the City has elected to include such bond requirements as exhibits to this Agreement, the Contractor shall provide Performance, Payment, and Maintenance bonds on the forms attached hereto as “Exhibits D.1, D.2, and D.3” and with a surety licensed to do business in Georgia and listed on the Treasury Department’s most current list (Circular 570 as amended). Upon the request of any person or entity appearing to be a potential beneficiary of bonds covering payment of obligations arising under this Agreement, the Contractor shall promptly furnish a copy of the bonds or shall permit a copy to be made. R. Assignment of Agreement. The Contractor covenants and agrees not to assign or transfer any interest in, or delegate any duties of this Agreement, without the prior express written consent of the City. As to any approved subcontractors, the Contractor shall be solely responsible for reimbursing them, and the City shall have no obligation to them. S. Employment of Unauthorized Aliens Prohibited – E-Verify Affidavit. Pursuant to O.C.G.A. § 13-10-91, the City shall not enter into a contract for the physical performance of services unless: (1) the Contractor shall provide evidence on City-provided forms, attached hereto as “Exhibits G.1 and G.2” (affidavits regarding compliance with the E-Verify program to be sworn under oath under criminal penalty of false 230 Section 12, Item C. 21 Construction Services Agreement | Version 1.0 swearing pursuant to O.C.G.A. § 16-10-71), that it and its subcontractors have registered with, are authorized to use and use the federal work authorization program commonly known as E-Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91, and that they will continue to use the federal work authorization program throughout the contract period, or (2) the Contractor provides evidence that it is not required to provide an affidavit because it is an individual licensed pursuant to Title 26 or Title 43 or by the State Bar of Georgia and is in good standing. The Contractor hereby verifies that it has, prior to executing this Agreement, executed a notarized affidavit, the form of which is provided in “Exhibit G.1”, and submitted such affidavit to City or provided the City with evidence that it is an individual not required to provide such an affidavit because it is licensed and in good standing as noted in sub-subsection (2) above. Further, Contractor hereby agrees to comply with the requirements of the federal Immigration Reform and Control Act of 1986 (IRCA), P.L. 99-603, O.C.G.A. § 13-10-91 and Georgia Department of Labor Rule 300-10-1-.02. In the event the Contractor employs or contracts with any subcontractor(s) in connection with the covered contract, the Contractor agrees to secure from such subcontractor(s) attestation of the subcontractor’s compliance with O.C.G.A. § 13- 10-91 and Rule 300-10-1-.02 by the subcontractor’s execution of the subcontractor affidavit, the form of which is attached hereto as “Exhibit G.2”, which subcontractor affidavit shall become part of the contractor/subcontractor agreement, or evidence that the subcontractor is not required to provide such an affidavit because it is licensed and in good standing as noted in sub-subsection (2) above. If a subcontractor affidavit is obtained, Contractor agrees to provide a 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 231 Section 12, Item C. 232 Section 12, Item C. 23 Construction Services Agreement | Version 1.0 (2) Reports and Information: Upon request, the Contractor shall furnish to the City any and all Records in the form requested by the City. All Records stored on a computer database must be of a format compatible with the City’s computer systems and software. (3) Audits and Inspections: At any time during normal business hours and as often as the City may deem necessary, Contractor shall make available to the City or City’s representative(s) for examination all Records. The Contractor will permit the City or City’s representative(s) to audit, examine, and make excerpts or transcripts from such Records. Contractor shall provide proper facilities for City or City’s representative(s) to access and inspect the Records, or, at the request of the City, shall make the Records available for inspection at the City’s office. Further, Contractor shall permit the City or City’s representative(s) to observe and inspect any or all of Contractor’s facilities and activities during normal hours of business for the purpose of evaluating Contractor’s compliance with the terms of this Agreement. In such instances, the City or City’s representative(s) shall not interfere with or disrupt such activities. U. Confidentiality. Contractor acknowledges that it may receive confidential information of the City and that it will protect the confidentiality of any such confidential information and will require any of its subcontractors, contractors, and/or staff to likewise protect such confidential information. The Contractor agrees that confidential information it receives or such reports, information, opinions, or conclusions that Contractor creates under this Agreement shall not be made available to, or discussed with, any individual or organization, including the news media, without prior written approval of the City. Contractor shall exercise reasonable precautions to prevent the unauthorized disclosure and use of City information whether specifically deemed confidential or not. Contractor acknowledges that the City’s disclosure of documentation is governed by Georgia’s Open Records Act, and Contractor further acknowledges that, if Contractor submits records containing trade secret information and if Contractor wishes to keep such records confidential, Contractor must submit and attach to such records an affidavit affirmatively declaring that specific information in the records constitutes trade secrets pursuant to Article 27 of Chapter 1 of Title 10, and the Parties shall follow the requirements of O.C.G.A. § 50-18-72(a)(34) related thereto. V. Licenses, Certifications and Permits. The Contractor covenants and declares that it has obtained all diplomas, certificates, licenses, permits, or the like required of the Contractor by any and all national, state, regional, county or local boards, agencies, commissions, committees or other regulatory bodies in order to perform the Work contracted for under this Agreement; provided that some permits or 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 233 Section 12, Item C. 24 Construction Services Agreement | Version 1.0 proper execution and completion of the Work, which are customarily secured after execution of the Agreement and which are legally required. Contractor shall furnish copies of such permits, licenses, etc. to the City within ten (10) days after issuance. W. Key Personnel. 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 234 Section 12, Item C. 25 Construction Services Agreement | Version 1.0 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 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. Tom Mcklveen 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, 235 Section 12, Item C. 26 Construction Services Agreement | Version 1.0 and that the Work will conform to the requirements of the Contract Documents. Work not conforming to these requirements, including substitutions not properly approved and authorized, is considered defective. This warranty excludes remedy for damage or defect caused by abuse by the City or modifications to the Work not executed by the Contractor or an employee/subcontractor/sub-subcontractor thereof. Except as may be otherwise specified or agreed, the Contractor shall repair or replace all defects in materials, equipment, or workmanship appearing within __2____ year(s) (the “Warranty Period”) from the date of Final Completion (as defined in “Exhibit I”, attached hereto and incorporated herein by reference) at no additional cost to the City; the foregoing warranty is separate and additional to any other warranty, including but not limited to any product warranties related to the turf. Further, Contractor shall provide all maintenance services, including parts and labor, for __2____ 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. 236 Section 12, Item C. 27 Construction Services Agreement | Version 1.0 C. Statutory Termination. In compliance with O.C.G.A. § 36-60-13, this Agreement shall be deemed terminated as provided in Section 4(A) of this Agreement. Further, this Agreement shall terminate immediately and absolutely at such time as appropriated or otherwise unobligated funds are no longer available to satisfy the obligation of the City. D. Payment. Provided that no damages are due to the City for Contractor’s failure to perform in accordance with this Agreement, and except as otherwise provided herein, the City shall, upon termination for convenience or statutory termination, pay Contractor for Work performed prior to the date of termination in accordance with Section 5 herein. The City shall have no further liability to Contractor for such termination. At its sole discretion, the City may pay Contractor for additional value received as a result of Contractor’s efforts, but in no case shall said payment exceed any remaining unpaid portion of the Maximum Contract Price. If this Agreement is terminated for cause, the City will make no further payment to the Contractor or its Surety until the Project is completed and all costs of completing the Project are paid. If the unpaid balance of the amount due the Contractor, according to this Agreement, exceeds the cost of finishing the Project, City shall provide payment to the Contractor (or its Surety) for services rendered and expenses incurred prior to the termination date, provided that such payment shall not exceed the unpaid balance of the amount otherwise payable under this Agreement minus the cost of completing the Project. If the costs of completing the Project exceed the unpaid balance, the Contractor or its Surety shall pay the difference to the City. E. Assumption of Contracts. The City reserves the right in termination for cause to take assignment of all contracts between the Contractor and its subcontractors, vendors, and suppliers. The City will promptly notify the Contractor of the contracts the City elects to assume. Upon receipt of such notice, the Contractor shall promptly take all steps necessary to effect such assignment. F. Conversion to Termination for Convenience. If the City terminates this Agreement for cause and it is later determined that the City did not have grounds to do so, the termination will be converted to and treated as a termination for convenience under the terms of Section 10(A) above. G. 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 237 Section 12, Item C. 28 Construction Services Agreement | Version 1.0 provided under this Agreement or at law or in equity. Section 11. City’s Rights; Contractor Default A. City Rights Related to the Work. (i) City’s Right to Stop the Work. If the Contractor fails to correct Work which is not in accordance with the requirements of the Contract Documents, as required by the Contract Administrator, or persistently fails to carry out Work in accordance with the Contract Documents, the City may issue a written order to the Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, the right of the City to stop the Work shall not give rise to a duty on the part of the City to exercise this right for the benefit of the Contractor or any other person or entity. Such a stoppage of Work shall not extend the Expected Date of Final Completion of the Work. (ii) City’s Right to Carry Out the Work. If the Contractor defaults or neglects to carry out the Work in accordance with the Contract Documents and fails within a seven (7) calendar day period after receipt of written notice from the City to commence and/or continue correction of such default or neglect with diligence and promptness, the City may, without prejudice to other remedies the City may have, correct such deficiencies. In such case, an appropriate Change Order shall be issued deducting from payments then or thereafter due the Contractor the reasonable cost of correcting such deficiencies, including City’s expenses and compensation for the Architect/Engineer’s and/or Contract Administrator’s additional services (if any) made necessary by such default, neglect or failure. If payments then or thereafter due the Contractor are not sufficient to cover such amounts, the Contractor shall pay the difference to the City. B. Contractor Default. For the purposes of this Agreement, Contractor shall be in default if any of the following occur during the Term of this Agreement: (a) a failure to fulfill in a timely and proper manner Contractor’s obligations under this Agreement; (b) Contractor violates any of the material provisions, agreements, representations or covenants of this Agreement or any applicable city, state, or federal laws, which do not fall within the force majeure provisions of this Agreement; (c) the Contractor becomes insolvent or unable to pay its debts as they mature, or makes an assignment for the benefit of creditors, or files a bankruptcy petition under the United States 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. 238 Section 12, Item C. 29 Construction Services Agreement | Version 1.0 In the event of Contractor’s default under this Agreement, the City shall send written notice to the Contractor setting forth the specific instances of the default and providing the Contractor with at least seven (7) calendar days to cure or otherwise remedy the default to the reasonable satisfaction of the City. If the default is not remedied during the stated cure period, then the City may, at its election: (a) in writing terminate the Agreement in whole or in part; (b) cure such default itself and charge the Contractor for the costs of curing the default against any sums due or which become due to the Contractor under this Agreement; and/or (c) pursue any other remedy then available, at law or in equity, to the City for such default. Section 12. Construction Administration 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 239 Section 12, Item C. 240 Section 12, Item C. 31 Construction Services Agreement | Version 1.0 waiver shall affect any term or condition other than the one specified in such waiver, and that one only for the time and manner specifically stated. H. Survival. All sections of this Agreement which by their nature should survive termination will survive termination, including, without limitation, confidentiality obligations, warranties, and insurance maintenance requirements. I. Sovereign Immunity. Nothing contained in this Agreement shall be construed to be a waiver of the City’s sovereign immunity or any individual’s qualified good faith or official immunities. J. No Personal Liability. Nothing herein shall be construed as creating any individual or personal liability on the part of any of City’s elected or appointed officials, officers, boards, commissions, employees, representatives, consultants, servants, agents, attorneys or volunteers. No such individual shall be personally liable to the Contractor or any successor in interest in the event of any default or breach by the City or for any amount which may become due to the Contractor or successor or on any obligation under the terms of this Agreement. Likewise, Contractor’s performance of services under this Agreement shall not subject Contractor’s individual employees, officers, or directors to any personal liability, except where Contractor is a sole proprietor. The Parties agree that their sole and exclusive remedy, claim, demand, or suit shall be directed and/or asserted only against Contractor or the City, respectively, and not against any elected or appointed official, officers, boards, commissions, employees, representatives, consultants, servants, agents, attorneys and volunteers. K. Force Majeure. Neither the City nor Contractor shall be liable for their respective non-negligent or non-willful failure to perform or shall be deemed in default with respect to the failure to perform (or cure a failure to perform) any of their respective duties or obligations under this Agreement or for any delay in such performance due to: (i) any cause beyond their respective reasonable control; (ii) any act of God; (iii) any change in applicable governmental rules or regulations rendering the performance of any portion of this Agreement legally impossible; (iv) earthquake, 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. 241 Section 12, Item C. 32 Construction Services Agreement | Version 1.0 N. Successors and Assigns. Subject to the provision of this Agreement regarding assignment, each Party binds itself, its partners, successors, assigns, and legal representatives to the other Party hereto, its partners, successors, assigns, and legal representatives with respect to all covenants, agreements, and obligations contained in the Contract Documents. O. Agreement Construction and Interpretation. Contractor represents that it has reviewed and become familiar with this Agreement and has notified the City of any discrepancies, conflicts or errors in the Contract Documents. The Parties hereto agree that, if an ambiguity or question of intent or interpretation arises, this Agreement is to be construed as if the Parties had drafted it jointly, as opposed to being construed against a Party because it was responsible for drafting one or more provisions of the Agreement. In the interest of brevity, the Contract Documents may omit modifying words such as “all” and “any” and articles such as “the” and “an,” but the fact that a modifier or an article is absent from one statement and appears in another is not intended to affect the interpretation of either statement. P. Material Condition. Each term of this Agreement is material, and Contractor’s breach of any term of this Agreement shall be considered a material breach of the entire Agreement and shall be grounds for termination or exercise of any other remedies available to the City at law or in equity. Q. Use of Singular and Plural. Words or terms used as nouns in the Agreement shall be inclusive of their singular and plural forms, unless the context of their usage clearly requires contrary meaning. [SIGNATURES ON FOLLOWING PAGE] 242 Section 12, Item C. 243 Section 12, Item C. “EXHIBIT A” 244 Section 12, Item C. CITY OF MILTON REQUEST FOR PROPOSALS (THIS IS NOT AN ORDER) RFP Number: 21-PR03 RFP Title: Milton Parks & Rec Cox Road Artificial Field Turfing Due Date and Time: September 14, 2021 at 2:00 pm EST **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. Number of Pages: 113 ISSUING DEPARTMENT INFORMATION Issue Date: August 12, 2021 City of Milton Parks & Recreation Department 2006 Heritage Walk Milton, GA 30004 Phone: 678-242-2500 Website: www.cityofmiltonga.us INSTRUCTIONS TO OFFEROR 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: RFP Number: 21-PR03 Name of Company or Firm Special Instructions: Deadline for Written Questions August 30, 2021 by 5:00 PM Submit questions online via the BidNet Direct procurement portal at www.cityofmiltonga.us IMPORTANT: SEE STANDARD TERMS AND CONDITIONS OFFERORS MUST COMPLETE THE FOLLOWING Offeror Name/Address: Authorized Offeror Signatory: (Please print name and sign in ink) Offeror Phone Number: Offeror FAX Number: Offeror Federal I.D. Number: Offeror E-mail Address: OFFERORS MUST RETURN THIS COVER SHEET WITH RFP RESPONSE 245 Section 12, Item C. 2 | RFP 21-PR03 TABLE OF CONTENTS Offeror’s RFP Checklist Disclosure Form Proposal Letter Contractor Affidavit and Agreement (eVerify) Schedule of Events Section 1: Project Overview and Instructions Section 2: RFP Standard Information Section 3: Scope of Project Section 4: Offeror Proposal Qualifications Section 5: Cost Proposal Section 6: Evaluation Criteria Section 7: Standard Contract Information Appendix A: Two (2) Large Grass Fields Appendix B: Survey of Property Sample Standard Contract 246 Section 12, Item C. 3 | RFP 21-PR03 OFFEROR’S RFP CHECKLIST The 10 Most Critical Things to Keep in Mind When Responding to an RFP for the City of Milton 1._______Read the entire document. Note critical items such as: mandatory requirements; supplies/services required; submittal dates; number of copies required for submittal; funding amount and source; contract requirements (i.e., contract performance security, insurance requirements, performance and/or reporting requirements, etc.). 2._______Note the procurement officer's name, address, phone numbers and e-mail address. This is the only person you are allowed to communicate with regarding the RFP and is an excellent source of information for any questions you may have. 3._______Attend the pre-qualifications conference if one is offered. These conferences provide an opportunity to ask clarifying questions, obtain a better understanding of the project, or to notify the City of any ambiguities, inconsistencies, or errors in the RFP. 4._______Take advantage of the “question and answer” period. Submit your questions to the procurement officer by the due date listed in the Schedule of Events and view the answers given in the formal “addenda” issued for the RFP. All addenda issued for an RFP are posted on the City’s website at http://www.cityofmiltonga.us will include all questions asked and answered concerning the RFP. 5._______Follow the format required in the RFP when preparing your response. Provide point-by- point responses to all sections in a clear and concise manner. 6._______ Provide complete answers/descriptions. Read and answer all questions and requirements. Don’t assume the City or evaluation committee will know what your company capabilities are or what items/services you can provide, even if you have previously contracted with the City. The submittals are evaluated based solely on the information and materials provided in your response. 7._______Use the forms provided, i.e., cover page, sample budget form, certification forms, etc. 8. _______Check the website for RFP addenda. Before submitting your response, check the City’s website at http://www.cityofmiltonga.us to see whether any addenda were issued for the RFP. If so, you must submit a signed cover sheet for each addendum issued along with your RFP response. 9. _______Review and read the RFP document again to make sure that you have addressed all requirements. Your original response and the requested copies must be identical and be complete. The copies are provided to the evaluation committee members and will be used to score your response. 10. _______Submit your response on time. Note all the dates and times listed in the Schedule of Events and within the document and be sure to submit all required items on time. Late submittal responses are never accepted. This checklist is provided for assistance only and should not be submitted with Offeror’s response. 247 Section 12, Item C. 4 | RFP 21-PR03 CITY OF MILTON DISCLOSURE FORM MUST BE RETURNED WITH PROPOSAL This form is for disclosure of campaign contributions and family member relations with City of Milton officials/employees. Please complete this form and return as part of your RFP package when it is submitted. Name of Offeror _____________________________________________________ Name and the official position of the Milton Official to whom the campaign contribution was made (Please use a separate form for each official to whom a contribution has been made in the past two (2) years.) _______________________________________________________________________ List the dollar amount/value and description of each campaign contribution made over the past two (2) years by the Applicant/Opponent to the named Milton Official. Amount/Value Description ________________ ___________________________________________ ________________ ___________________________________________ ________________ ___________________________________________ Please list any family member that is currently (or has been employed within the last 12 months) by the City of Milton and your relation: ________________ ___________________________________________ _________________ ___________________________________________ 248 Section 12, Item C. 5 | RFP 21-PR03 RFP# 21-PR03 PROPOSAL LETTER MUST BE RETURNED WITH PROPOSAL We propose to furnish and deliver any and all of the deliverables and services named in the Request for Proposal (RFP) 21-PR03, Milton Parks & Recreation Cox Road Artificial Field Turfing. It is understood and agreed that we have read the City’s specifications shown or referenced in the RFP and that this proposal is made in accordance with the provisions of such specifications. By our written signature on this proposal, we guarantee and certify that all items included meet or exceed any and all such City specifications. We further agree, if awarded a contract, to deliver goods and services which meet or exceed the specifications. The City reserves the right to reject any or all proposals, waive technicalities, and informalities, and to make an award in the best interest of the City. PROPOSAL SIGNATURE AND CERTIFICATION I understand collusive bidding is a violation of State and Federal Law and can result in fines, prison sentences, and civil damage awards. I agree to abide by all conditions of the proposal and certify that I am authorized to sign for my company. I further certify that the provisions of the Official Code of Georgia Annotated, Sections 45-10-20 et. seq. have not been violated and will not be violated in any respect. Authorized Signature______________________________Date_______________________ Print/Type Name______________________________________________________________ Print/Type Company Name Here_______________________________________________ 249 Section 12, Item C. 6 | RFP 21-PR03 CONTRACTOR AFFIDAVIT AND AGREEMENT MUST BE RETURNED WITH PROPOSAL 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 Milton Parks & Rec Cox Rd Artificial Field Turfing 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: _________________________________ 250 Section 12, Item C. 7 | RFP 21-PR03 SCHEDULE OF EVENTS Task Date Issue RFP August 12, 2021 Deadline for Questions August 30, 2021 by 5:00 p.m. EST Answers Posted by the City (Addendum) On or about, September 2, 2021 Proposals Due By 2:00 p.m. EST on September 14, 2021 Award Contract October 18, 2021 (proposed) NOTE: PLEASE CHECK THE CITY WEBSITE (http://www.cityofmiltonga.us) FOR ADDENDA AND SCHEDULE UPDATES. 251 Section 12, Item C. 8 | RFP 21-PR03 SECTION 1: PROJECT OVERVIEW AND INSTRUCTIONS 1.1 SINGLE POINT OF CONTACT From the date this Request for Proposals (RFP) is issued until an Offeror is selected, Offerors are not allowed to communicate with any City staff or elected officials regarding this procurement, except at the direction of Honor Motes, Procurement Manager. Any unauthorized contact may disqualify the Offeror from further consideration. Contact information for the single point of contact is as follows: Procurement Office: Honor Motes, Procurement Manager Address: 2006 Heritage Walk, Milton, GA 30004 Telephone Number: 678-242-2507 E-mail Address: honor.motes@cityofmiltonga.us 1.2 REQUIRED REVIEW A. Review RFP. Offerors should carefully review the instructions; mandatory requirements, specifications, standard terms and conditions, and standard contract set out in this RFP and promptly notify the procurement officer identified above via e-mail of any ambiguity, inconsistency, unduly restrictive specifications, or error which they discover upon examination of this RFP. B. Form of Questions. Offerors with questions or requiring clarification or interpretation of any section within this RFP must submit their questions via the solicitation link on BidNet Direct, the procurement portal on the City’s website, on or before 5:00 PM (EST) on August 30, 2021. Each question must provide clear reference to the section, page, and item in question. Questions received after the deadline may not be considered. C. City’s Answers. The City will provide an official written answer to all questions on or about September 2, 2021. The City's response will be by formal written addendum. Any other form of interpretation, correction, or change to this RFP will not be binding upon the City. Any formal written addendum will be posted alongside the posting of the RFP at http://www.cityofmiltonga.us . Offerors must sign and return any addendum with their RFP response. D. Standard Contract. By submitting a response to this RFP, Offeror agrees to acceptance of the 252 Section 12, Item C. 9 | RFP 21-PR03 City’s standard contract. Much of the language included in the standard contract reflects requirements of state law. Requests for exceptions to the standard contract terms, or any added provisions must be submitted to the procurement office referenced above by the date for receipt of written/e-mailed questions or with the Offeror’s RFP response and must be accompanied by an explanation of why the exception is being taken and what specific effect it will have on the Offeror’s ability to respond to the RFP or perform the contract. The City reserves the right to address non-material, minor, insubstantial requests for exceptions with the highest scoring Offeror during contract negotiation. Any material, substantive, important exceptions requested and granted to the standard terms and conditions and standard contract language will be addressed in any formal written addendum issued for this RFP and will apply to all Professionals submitting a response to this RFP. E. Mandatory Requirements. To be eligible for consideration, a Offeror must meet the intent of all mandatory requirements. The City will determine whether a Offeror’s RFP response complies with the intent of the requirements. RFP responses that do not meet the full intent of all requirements listed in this RFP may be subject to point reductions during the evaluation process or may be deemed non-responsive. 1.3 NON-DISCRIMINATION All qualified applicants will receive consideration without regard to age, handicap, religion, creed or belief, political affiliation, race, color, sex, or national origin. 1.4 SUBMITTING PROPOSALS Offerors must organize their proposals into sections that follow the following format. A. Submittal Requirements. Proposals shall include the following: 1. City of Milton request for proposal cover page (information entered and signed: first page of this document) 2. City of Milton Disclosure form (signed) 3. City of Milton Proposal letter (information entered) 4. Technical Proposal: Each Technical Proposal Shall be: 1. No more than fifteen (15) single sided pages 253 Section 12, Item C. 10 | RFP 21-PR03 2. Cover page(s), table of contents, tabs, and required forms do not count toward the page limit a. Minimum of 11-point font Each Technical Proposal Shall Contain: a. Design/Construction Team – include project staffing, qualifications of the design/construction team, and what sets the team apart b. Site design and field layout c. Turf product details and specifications d. Work Plan – provide an anticipated project schedule, any anticipated challenges, and any innovative approaches e. Related Projects and References – List ten (10) similar projects, but describe in detail at least three (3) of those with references and the degree of involvement of team members f. Pricing (See Section 5.0) 5. Applicable Addenda Acknowledgement Forms (if necessary) Offerors must organize their proposal into sections that follow the format of Section 1.4 and Section 5.0. B. Failure to Comply with Instructions. Offerors failing to comply with these instructions may be subject to point deductions. The City may also choose to not evaluate, may deem non- responsive, and/or may disqualify from further consideration any qualifications that do not follow this RFP format, are difficult to understand, are difficult to read, or are missing any requested information. C. Copies Required and Deadline for Receipt of Proposals. Proposals must be submitted electronically via Milton’s BidNet procurement portal/platform at www.cityofmiltonga.us . Proposals will be opened at approximately 2:30 p.m. and names of Firms will be announced. **Pending updates relating to COVID-19, the City may conduct the bid opening via a virtual meeting. Responding Offerors will be emailed a meeting link should the need to hold this type meeting arise. D. Late Proposals. Regardless of cause, late proposals will not be accepted and will automatically be disqualified from further consideration. It shall be the Offeror’s sole risk to assure proposals are submitted via the BidNet Direct procurement portal by the designated time. Late proposals will not be accepted. 254 Section 12, Item C. 11 | RFP 21-PR03 1.5 OFFEROR'S CERTIFICATION A. Understanding of Specifications and Requirements By submitting a response to this RFP, Offeror agrees to an understanding of and compliance with the specifications and requirements described in this RFP. B. Offer in Effect for 120 Days A proposal may not be modified, withdrawn or canceled by the Offeror for a 120-day period following the deadline for proposal submission as defined in the Schedule of Events, or receipt of best and final offer, if required, and Offeror so agrees in submitting the proposal. The City of Milton may, in the event the selected proposer fails to perform and/or the contract is terminated within forty-five days of its initiation, request the proposer submitting the next acceptable proposal to honor its proposal. 1.6 COST OF PREPARING PROPOSALS A. City Not Responsible for Preparation Costs. The costs for developing and delivering responses to this RFP and any subsequent presentations of the proposal as requested by the City are entirely the responsibility of the Offeror. The City is not liable for any expense incurred by the Offeror in the preparation and presentation of their proposals. B. All Timely Submitted Materials Become City Property. All materials submitted in response to this RFP become the property of the City of Milton and are to be appended to any formal documentation, which would further define or expand any contractual relationship between the City and Offeror resulting from this RFP process. SECTION 2: RFP STANDARD INFORMATION 2.1 AUTHORITY This RFP is issued under the authority of the City of Milton. The RFP process is a procurement option allowing the award to be based on stated evaluation criteria. The RFP states the relative importance of all evaluation criteria. No other evaluation criteria, other than as outlined in the RFP, will be used. 255 Section 12, Item C. 12 | RFP 21-PR03 2.2 OFFEROR COMPETITION The City encourages free and open competition among Offerors. Whenever possible, the City will design specifications, proposal requests, and conditions to accomplish this objective, consistent with the necessity to satisfy the City’s need to procure technically sound, cost-effective services and supplies. 2.3 RECEIPT OF PROPOSALS AND PUBLIC INSPECTION A. Public Information. All information received in response to this RFP, including copyrighted material, is deemed public information and will be made available for public viewing and copying after the time for receipt of qualifications has passed, and the award has been made, with the following four exceptions: (1) bona fide trade secrets meeting confidentiality requirements that have been properly marked, separated, and documented; (2) matters involving individual safety as determined by the City of Milton; (3) any company financial information requested by the City of Milton to determine vendor responsibility, unless prior written consent has been given by the Offeror; and (4) other constitutional protections. B. Procurement Officer Review of Proposals. Upon opening the submittals received in response to this RFP, the procurement office will review the proposals and separate out any information that meets the referenced exceptions in Section 2.2(A) above, providing the following conditions have been met: 1. Confidential information is clearly marked and separated from the rest of the submittal. 2. An affidavit from a Offeror’s legal counsel attesting to and explaining the validity of the trade secret claim is attached to each submittal containing trade secrets. Please contact Honor Motes, Procurement Manager, for additional information. Information separated out under this process will be available for review only by the procurement office, the evaluation committee members, and limited other designees. Offerors must be prepared to pay all legal costs and fees associated with defending a claim for confidentiality in the event of a “right to know” (open records) request from another party. 256 Section 12, Item C. 13 | RFP 21-PR03 2.4 CLASSIFICATION AND EVALUATION OF PROPOSALS A. Initial Classification of Proposals as Responsive or Nonresponsive. Proposals may be found nonresponsive at any time during the evaluation process or contract negotiation, if any of the required information is not provided; the submitted price is found to be excessive or inadequate as measured by criteria stated in the RFP; or the qualification is not within the specifications described and required in the RFP. If a qualification is found to be nonresponsive, it will not be considered further. B. Determination of Responsibility. The procurement office will determine if an Offeror has met the standards of responsibility. Such a determination may be made at any time during the evaluation process and through contract negotiation if information surfaces that would result in a determination of nonresponsive. C. Evaluation of Proposals. The evaluation committee will evaluate the remaining proposals and recommend whether to award the contract to the highest scoring Offeror or, if necessary, to seek discussion/negotiation in order to determine the highest scoring Offeror. All responsive proposals will be evaluated based on stated evaluation criteria. In scoring against stated criteria, the City may consider such factors as accepted industry standards and a comparative evaluation of all other qualified RFP responses. These scores will be used to determine the most advantageous offering to the City. D. Completeness of Proposals. Selection and award will be based on the Offeror’s proposals and other items outlined in this RFP. Submitted responses may not include references to information located elsewhere, such as Internet websites or libraries, unless specifically requested. Information or materials presented by Offerors outside the formal response or subsequent discussion/negotiation, if requested, will not be considered, will have no bearing on any award, and may result in the Offeror being disqualified from further consideration. E. Opportunity for Discussion/Negotiation and/or Oral Presentation/Product Demonstration. After receipt of all proposals and prior to the determination of the award, the City may initiate discussions with one or more Offerors should clarification or negotiation be necessary. Offerors may also be 257 Section 12, Item C. 14 | RFP 21-PR03 required to make an oral presentation and/or product demonstration to clarify their RFP response or to further define their offer. In either case, Offerors should be prepared to send qualified personnel to Milton, Georgia to discuss technical and contractual aspects of the submittal. Oral presentations and product demonstrations, if requested, shall be at the Offeror’s expense. F. Best and Final Offer. The “Best and Final Offer” is an option available to the City under the RFP process which permits the City to request a “best and final offer” from one or more Offerors if additional information is required to make a final decision. Offerors may be contacted asking that they submit their “best and final offer,” which must include any and all discussed and/or negotiated changes. The City reserves the right to request a “best and final offer” for this RFP, if any, based on price/cost alone. G. Evaluation Committee Recommendation for Contract Award. The evaluation committee will provide a written recommendation for contract award. H. Request for Documents Notice. Upon concurrence with the evaluation committee’s recommendation for contract award, the procurement officer may issue a “Request for Documents Notice” to the highest scoring Offeror to obtain the required insurance documents, contract performance security, and any other necessary documents. Receipt of the “Request for Documents Notice” does not constitute a contract and no work may begin until a contract signed by all parties is in place. I. Contract Negotiation. The procurement officer and/or city department representatives may begin contract negotiation with the responsive and responsible Offeror whose submittal achieves the highest score and is, therefore, the most advantageous to the City. If contract negotiation is unsuccessful or the highest scoring Offeror fails to provide necessary documents or information in a timely manner, or fails to negotiate in good faith, the City may terminate negotiations and begin negotiations with the next highest scoring Offeror. J. Contract Award. Contract award, if any, will be made to the highest scoring Offeror who provides all required documents and successfully completes contract negotiation. 258 Section 12, Item C. 15 | RFP 21-PR03 2.5 RIGHTS RESERVED While the City has every intention to award a contract as a result of this RFP, issuance of the RFP in no way constitutes a commitment by the City of Milton to award and execute a contract. Upon a determination such actions would be in its best interest, the City, in its sole discretion, reserves the right to: 1. Modify, cancel or terminate this RFP, 2. Reject any or all proposals received in response to this RFP, 3. Select a Offeror without holding interviews, 4. Waive any undesirable, inconsequential, or inconsistent provisions of this RFP which would not have significant impact on any submittal, 5. To request further documentation or information, and to discuss a RFP submittal for any purpose in order to answer questions or to provide clarification, 6. Award a portion of this RFP or not award any portion of this RFP if it is in the best interest of the City not to proceed with contract execution; or 7. If awarded, terminate any contract in accordance with the terms and conditions of the contract if the City determines adequate funds are not available. 2.6 INSURANCE REQUIREMENTS Within ten (10) days of Notice of Award, and at all times that this Contract is in force, the Contractor shall obtain, maintain and furnish the City Certificates of Insurance from licensed companies doing business in the State of Georgia with an A.M. Best Rating A-6 or higher and acceptable to the City. Within ten (10) days of Notice of Award, and at all times that this Contract is in force, the Contractor shall obtain, maintain and furnish the City Certificates of Insurance from licensed companies doing business in the State of Georgia with an A.M. Best Rating A-6 or higher and acceptable to the City. Insurance requirements are provided below and included in the CONTRACT AGREEMENT (Section 7.K). (1) Requirements: The Contractor shall have and maintain in full force and effect for the duration of this Agreement, insurance insuring against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Work by the Contractor, its agents, representatives, employees or subcontractors. All policies shall be subject to approval by the City Attorney as to form and content. These requirements are subject to amendment or waiver if so approved in writing by the City. (2) Minimum Limits of Insurance: Contractor shall maintain the following insurance policies with limits no less than: 259 Section 12, Item C. 16 | RFP 21-PR03 (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. (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. 260 Section 12, Item C. 17 | RFP 21-PR03 (b) Workers' Compensation Coverage: The insurer providing Workers’ Compensation Coverage will agree to waive all rights of subrogation against the City and City Parties for losses arising from Work performed by the Contractor for the City. (c) All Coverages: (i) Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled, reduced in coverage or in limits except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. (ii) Policies shall have concurrent starting and ending dates. (5) Acceptability of Insurers: Insurance is to be placed with insurers authorized to do business in the State of Georgia and with an A.M. Bests' rating of no less than A:VI. (6) Verification of Coverage: Contractor shall furnish the City with certificates of insurance and endorsements to the policies evidencing coverage required by this clause prior to the start of Work. The certificate of insurance and endorsements shall be on a form utilized by Contractor’s insurer in its normal course of business and shall be received and approved by the City within ten (10) days of the Notice of Award. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. The Contractor shall provide proof that any expiring coverage has been renewed or replaced at least two (2) weeks prior to the expiration of the coverage. (7) Subcontractors: Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverage for subcontractors shall be subject to all of the 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. 261 Section 12, Item C. 18 | RFP 21-PR03 2.7 BONDING REQUIREMENTS Each proposal 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/offeror 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/Offeror shall be required to furnish PAYMENT AND PERFORMANCE BONDS for the faithful performance on the contract and a bond to secure payment of all claims for materials furnished and/or labor performed in performance of the project, both in amounts equal to one hundred percent (100%) of the base bid price. The Successful Bidder/Offeror shall also be required to furnish a MAINTENANCE BOND, in the amount of one-third (1/3) of the contract price, guaranteeing the repair or replacement caused by defective workmanship or materials for a period of two (2) years from the completion of construction. Bonds shall be issued by a corporate surety appearing on the Treasury Department’s most current list (Circular 570 as amended) and be authorized to do business in the State of Georgia. Bonds shall be on the forms provided by the City and subject to the review and approval of the City Attorney. Date of Bond must not be prior to date of Contract. If Contractor is a Partnership, all partners shall execute Bond. 262 Section 12, Item C. 19 | RFP 21-PR03 [BIDDERS/OFFERORS 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 Request for Proposals, the undersigned, hereinafter termed the Bidder/Offeror, 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 (RFP) Number 21-PR03 Milton Parks & Rec Cox Road Artificial Field Turfing The Bidder/Offeror 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/proposal 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/Proposal 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/Cost Proposal for the price stated. The Bidder/Offeror 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/proposal. 263 Section 12, Item C. 20 | RFP 21-PR03 The Bidder/Offeror 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 complete all Work as scheduled in Task Order(s) issued. If weather affects the required completion schedule, the City and selected Bidder/Offeror 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/proposal 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/Offeror acknowledges receipt of the following addenda: Addendum No. Date viewed _______________ _______________ _______________ _______________ Bidder/Offeror further declares that the full name and resident address of Bidder’s/Offeror’s Principal is as follows: Signed, sealed, and dated this _______ day of _____________, 20_____ Bidder /Offeror_______________________ (Seal) Company Name Bidder/Offeror Mailing Address: ___________________________________________ ___________________________________________ ___________________________________________ Signature: ________________________________________ Print Name: ______________________________________ Title: _____________________________________________ 264 Section 12, Item C. 21 | RFP 21-PR03 [BIDDERS MUST RETURN THESE SHEETS WITH BID RESPONSE] BID BOND CITY OF MILTON, GEORGIA BIDDER/OFFEROR (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/Offeror, 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/OFFEROR 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) 265 Section 12, Item C. 22 | RFP 21-PR03 Attest: Attest:_________________________ Signature and Title: Signature and Title: Note: (1) Above addresses are to be used for giving any notice required by the terms of this Bid Bond. (2) Any singular reference to Bidder, Surety, the City or any other party shall be considered plural where applicable. 1. Bidder/Offeror 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/Offeror shall occur upon the failure of Bidder/Offeror 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/Offeror’s Bid and Bidder/Offeror 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/Offeror within the time specified in the Bidding Documents (or any extension of that time agreed to in writing by Bidder/Offeror 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/Offeror within 30 calendar days after receipt by Bidder/Offeror 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/Offeror, 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/Offeror and Surety or later than one year after Bid due date. 266 Section 12, Item C. 23 | RFP 21-PR03 7. Any suit or action under this Bond shall be commenced only in a court of competent jurisdiction located in the State of Georgia. 8. Notices required hereunder shall be in writing and sent to Bidder/Offeror 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. SECTION 3: SCOPE OF PROJECT 3.0 MANDATORY REQUIREMENTS This section identifies all mandatory requirements which must be present in the proposal before further consideration will be given. Offeror must prepare and submit a response which references the page(s) of the Technical Response where satisfaction of the Mandatory Requirements is substantiated. This project will consist of the design, size, and layout of two large fields, converting them to artificial turf with required and appropriate fencing and netting. Maximizing the square footage of turf is desired. No relocation of field lights. The fields must accommodate the following sports with permanent lines: a. Unified Youth Lacrosse on both fields b. Two Baseball fields with dugouts (One being a 200’ field) c. Football on the larger field to the south i. Provide pricing for football goal posts, installed, as a bid alternate 267 Section 12, Item C. 24 | RFP 21-PR03 d. 11v11 soccer on both fields The Contractor must present a valid field design that best allows for field space and program utilization. This design shall include field layout, playable lines, turf colors, and appropriate spacing. This design will be approved and installed accordingly. The construction period will take place between the fall and spring seasons when the park is not utilized for recreational programming. The fall 2021 season will conclude in early November. 3.1 TWO (2) LARGE FIELDS - REQUIREMENTS After award it shall be the responsibility of the Contractor to provide the Owner’s Representative with CAD drawings of the facility for each step of the construction process. These include, but are not limited to: 1. Access/Demo Details 2. Grading Details 3. Drainage Details 4. Modular Wall Details 5. Perimeter/Fencing Details 6. Netting Details 7. Spectator Area Details 8. Seam Layout Details 9. Field Layout and Design Details 10. All Construction and Permitting Details Required for Project 11. Acquiring all Permitting shall be the Responsibility of the Contractor All drawings will be approved by the Owner’s Representative before construction commences. 3.2 SUBSURFACING & TURF CONSTRUCTION SPECIFICATIONS The following information is based on the minimum expectations for the base construction of the field. It is expected that the Contractor calls all variations out during the submittal response and planning of the project for proper approvals. All ancillary items pertaining to the field such as portable mounds, sport netting, or backstops, will be properly presented with options and a written explanation with the submittal response. Required Information on Construction: It is desired that the submitting contractor (Offeror) provide proof of construction of four (4) multipurpose field facilities. The Offeror must be or have a certified field builder involved in the construction process and show proof with the response. Offeror must also provide a list of a minimum of ten (10) synthetic turf fields constructed with a focus on as many projects within 200 miles of Milton, GA as possible. 268 Section 12, Item C. 25 | RFP 21-PR03 I. Scope These specifications are intended as a minimum guide for the design and construction of a free-draining base used in conjunction with synthetic turf installations. The design criteria described herein include: 1. Site evaluation 2. All required permitting to construct the fields 3. Final site grading and compaction of subgrade 4. Excavation of a perimeter drainage collector network and installation of the drainage grid system. 5. Installation of all perimeter edge detail as necessary. 6. Construction of a stable and permeable aggregate layer. Modifications to the design criteria described herein may become necessary depending on the product specifications, site location, soil conditions and county specifications and design practices. The final decision for the design should be left to the Owner’s Representative with recommendations from the preferred vendor. II. Site Evaluation Upon selection of the exact parameters for the turf field, the overall soil conditions and drainage properties of the location should be evaluated and documented in writing. During this initial inspection and consequent excavation, the presence of any pavement, wood, rock, ledge, water, or other debris should be reported. The awarded Contractor will retain a Geotechnical Engineer as necessary to make the final recommendation concerning the suitability of the site. Also, the Owner’s Representative should make the design recommendations for the final construction procedures in conjunction with the proper testing results. III. Excavation The field should have a maximum slope of 0.5% from end to end or midline to sidelines. A single benchmark must be established prior to any construction and maintained by a surveyor of record during the entire construction process. All excavated materials should, depending on its overall properties, be hauled away, or put aside for possible use as select-fill for balancing or final grading and clean-up of edge details. In the event of over-excavation, select-fill material shall be used to achieve design subgrade elevations. Select materials shall be composed of natural materials consisting of hard, durable particles of sand or stone together with silt and/or clay material, as determined by a Geotechnical Engineer if necessary. The Geotechnical Engineer will determine whether the materials in the excavated areas are suitable for use as select-fill. All unsuitable material shall be removed, and all new materials shall be approved by a Geotechnical Engineer, prior to use. 269 Section 12, Item C. 26 | RFP 21-PR03 If necessary, the subgrade shall be constructed using approved select-fill material. This material shall be placed in lifts not greater than 6" in depth. Each lift (layer or course) shall be compacted separately. The moisture in the soil, at the time of compaction, shall be uniformly distributed and should be within 90 and 120% range of the optimum. Within these limits, the Geotechnical Engineer will determine the proper moisture level to be used, by standard proctor. The select-fill material in the first layer shall be rolled until the course has been uniformly compacted to a minimum 95% of the maximum density. The second and succeeding courses shall be placed and mixed and then compacted as specified in the first course. The finished surface of the subgrade shall have a finished grade in accordance with the Owner’s Plans and Specifications. The subgrade shall be established to within a tolerance of +0 to -1/2" of the designed subgrade elevation. Proof roll and mark "soft spots" for additional compaction or correction. Use static tandem drum-type roller of not less than five (5) tons weight. Excavate perimeter drainage collector trenches 18" wide and 20" deep (minimum). The trenches should be excavated with a minimum of 0.5% slope starting from the low point of the drainage system at the outlet extending toward the high point(s). Design of the collector trenches should incorporate the following: 1. All loose debris shall be removed from the trenches. 2. The trenches shall be backfilled using premium materials and compacted by hand tamping (or equivalent machinery) to a minimum 95% of the maximum density. After proper excavation and compaction, an 8” deep x 10” wide perimeter curb shall be installed with a proper pressure treated turf attachment system at the proposed finish grade of the stone base. This will act as the means of adhesion to the edge for the finished turf system. The concrete will have a minimum of 3000 psi. The new fencing poles will be installed within this curbing system. All end posts and line posts must be set in proper foundations before forming. IV. Under Drain System The existing drainage system on the fields has failed. The City requires that any drainage that is required, be included in this scope. Permeable Liner Verify surface elevations of the finished subgrade. The surface elevations must conform to the elevations shown on Drawings to be provided before construction. Prior to under drain system construction, the subgrade surface is to be uniform and free of rocks, depressions, voids, and irregularities that might damage liner. Install 4-ounce 270 Section 12, Item C. 27 | RFP 21-PR03 nonwoven geotextile liner in accordance with the liner manufacture’s written recommendations. Liner shall be UV resistant and shall have the following minimum properties: Property Test Method Requirements Weight per 1,000 sq.ft. 42 lbs. Tensile Strength ASTM D751-88 10,000 psi % Elongation 40% Grab Tensile ASTM D751-89 220 lbs. Tongue Tear ASTM D751-89 62 lbs. Trapezoid Tear ASTM D751-89 37 lbs. Hydrostatic Bursting Point ASTM D751-89 123 lbs. Mullen Burst ASTM D751-89 250 lbs. Puncture FTMS 101 C 73 lbs. (Method 2065) Dimensional Stability ASTM D1204 3% 1. The liner should be placed in the perimeter trench first. The trench liner should be separate from the liner on the field. Overlap field and trench sections a minimum of 18" in the direction of water flow. 2. Overlap joints a minimum of eight inches. All seams shall be overlapped in direction the water flows. 3. Place a suitable amount of ballast on the liner to prevent movement by wind. The ballast shall be in a form which will not damage liner. 4. Direct loading on the fabric by traffic shall not be allowed. A minimum of 6" of material cover must be placed prior to traffic. 5. Punctured or torn fabric shall be repaired by overlapping additional fabric and jointing in accordance with manufacturer’s recommendations. 6. The liner must completely line perimeter trench in a continuous manner. Perimeter Collectors Drains Place a 10" O.D. perforated plastic drainpipe in the perimeter collector trenches. The centerline of the pipe shall coincide with the centerline of trench. The pipes shall be strong and capable of withstanding the anticipated loading without deformation. Each header should be designed to handle the maximum rainfall in that particular location. Collector headers must be drained to an acceptable, efficient storm sewer, or approved discharge outlet. Pre-manufactured fittings shall be used for all connections into the collector drainage network. Note: Aforementioned pipe sizes need to be verified to assure conformance with local drainage requirements. 271 Section 12, Item C. 28 | RFP 21-PR03 • A minimum of 2" clean, drainable crushed stone aggregate shall be placed in the bottom of the collector trenches, on top of the moisture barrier. The crushed aggregate should be compacted suitably. • Place a minimum of 4" clean, crushed aggregate on the sides of the under-drain pipes and headers, and 6" minimum of the aggregate on top of the pipe network. Compact suitably. V. Aggregate Layer for the Turf System A uniformly mixed processed stone shall be placed over the entire subbase which has been covered with the geotextile barrier and the composite drain system. The aggregate shall comprise of a minimum 6” of compacted, stable, permeable, and processed stone. At a minimum, there shall be 4” of 57 stone with another 2” of 89 stone. Care shall be taken to maintain the grade designed for the subbase. The capability of the processed stone drainage layer to meet the stability and permeability sieve requirement must be determined prior to installation. The processed stone layer shall be compacted to a minimum density of 90%. Material shall be a 100% fractured, by mechanical means, with elongated characters on each individual particle larger than 1/4". Material shall be devoid of mineral fines. All particles smaller than 1/4" shall be produced by manufactured means only. Rounded sands or aggregates are prohibited. Typical aggregate or aggregate blends found acceptable as a processed stone drainage course must conform to the following gradation: Sieve Sizes Sieve Metric (mm) Percent Passing by Weight 1 1/4" 38.1 100 1" 25.4 95 - 100 3/4" 19.0 80 - 100 5/8" 12.7 60 - 80 3/8" 9.52 30 - 50 No. 4 4.75 20 - 40 No. 8 2.38 10 - 30 No. 40 0.42 5 - 17 No. 200 75 mm 1 - 4 272 Section 12, Item C. 29 | RFP 21-PR03 VI. Properties and Installation of Permeable Processed Stone: Handling & Placement • Prior to aggregate placement, remove any excess or contaminated backfill from the drainage trenches. • Should any separation of the materials occur, during any stage of the spreading or stockpiling, the Contractor must immediately remove and dispose of segregated material and correct or change handling procedures to prevent any further separation. Double handling of materials is not allowed. • The Contractor shall utilize laser control equipment for the grading of the processed stone to ensure accuracy in the grade tolerances of +0" to -1/4". • The Contractor shall shape the complete surface of the processed stone from the required elevation and does not exceed a maximum deviation from grade of +0" to -1/4" in ten feet (10'), when measured in any direction using a 10' straight-edge. • Each layer must be spread uniformly with equipment that will not cause perceptible separation in gradation (segregation of the aggregates), preferably a self-propelled paving machine or small laser controlled low ground pressure (LPG) dozer. A cone laser will be required for proper grading of the site. Compaction and Planarity 1. Proof roll wherever possible and mark "soft spots" for additional compaction or correction. Use static tandem drum-type roller of not less than five (5) tons weight. Proof rolling operations must be performed in the presence of the retained Geotechnical Engineer or Owner’s Representative. 2. The finished surface shall not deviate (tolerance-to-grade) from designated compacted grade. This means that the surface shall not deviate more than 1/4" in 10' (any direction) when placed under a 10-foot straight edge. This tolerance is required over the entire field. Areas that deviate should be marked with spray paint and corrected with 3/8" limestone or granite chips and rolled tight to achieve proper density. Such remedial actions should be done by hand and rechecked by means of test procedures described above. After the Contractor has independently confirmed compliance with all the above tolerances (planarity and elevation), they shall notify the appropriate party and schedule a final inspection for approval. The Contractor shall make available an orbital laser system to the Owner’s Representative for the inspection process as required. Completion and Sign Off Before proceeding with the turf installation, the Field Project Manager must sign off and approve all site work and submit to site contractor and Owner’s Representative verifying compliance and acceptance of the completed work. 273 Section 12, Item C. 30 | RFP 21-PR03 Synthetic Turf Each Offeror may propose one system within their base bid and one as an alternate (as desired). All products submitted must have the following information provided with the Proposal: • Offered product(s) must adhere to proposed specifications and be of high quality with proof of use at the high school level or beyond for multipurpose use. • The City desires a dual fiber system that contains both slit film and monofilament fibers tufted into one system. • The face weight of the base bid must be a minimum of 46oz per square yard and the fiber length shall not exceed 2 ¼ inches. • The urethane coating on the turf shall be a minimum of 20oz per square yard. • Samples: Proposers must submit catalogue sheets and samples, illustrating details of finished product. • Provide substantiation that the proposed system does not violate any other manufacturer's patents, patents allowed, or patents pending. • Black crumb rubber infill shall be included in the base bid. o Green coated crumb rubber, such as CRM Chill Fill, must be bid as an alternate 3.3 FENCE AND NETTING Fencing Each field will have fencing consisting of 6’ height commercial nine (9) gauge black vinyl fencing with a minimum of two 12’ gates and four pedestrian gates at the perimeter of the fields. Netting One run of 200’ long, 20’ tall netting at the end of the field facing the parking lot. The other three “endzones” will have a minimum of 100’ long, 15’ tall netting installed. A diagram is provided in exhibit A. 274 Section 12, Item C. 31 | RFP 21-PR03 SECTION 4: OFFEROR PROPOSAL QUALIFICATIONS 4.0 CITY’S RIGHT TO INVESTIGATE The City may make such investigations as deemed necessary to determine the ability of the Offeror to provide the supplies and/or perform the services specified. 4.1 OFFEROR INFORMAL REQUIREMENTS Offerors interested in providing the services described in this RFP should be able to demonstrate experience in the areas described in Section 3. 275 Section 12, Item C. 32 | RFP 21-PR03 SECTION 5: COST PROPOSAL ~ (page 1 of 2) ♦ MUST BE RETURNED WITH PROPOSAL IN A SEPARATE FILE ♦ Milton Parks & Recreation Cox Road Artificial Field Turfing The Offeror’s cost proposal shall be signed by an authorized agent of the company. The undersigned Offeror, having familiarized themselves with the work required by the RFP, the solicitation documents, the site where the work is to be performed, all laws, regulations, and other factors affecting performance of the work, and having satisfied itself/himself/herself of the expense and difficulties attending performance of the work; Hereby proposes and agrees, if this offer for the above named project is accepted to enter into a contract to perform all work necessary to the successful completion of the contract; and to supply all required submittals as indicated or specified in the RFP and the bid documents to be performed or furnished by Offeror for the total contract price of: Print/Type Company Name: ___________________________________________________ Authorized Signature______________________________ Date_______________________ Print/Type Name_______________________________________________________________ Print/Type Title_________________________________________________________________ 276 Section 12, Item C. 33 | RFP 21-PR03 ♦ MUST BE RETURNED WITH PROPOSAL IN A SEPARATE FILE ♦ Bid Submittal Form – (page 2 of 2) Milton Parks and Recreation Cox Road Artificial Field Turfing Base Bid Total: ___________________________________________________ Base Bid Amount in Words: ___________________________________________________ • Number of days to fully complete project (exclude weather related days) _______________________ Bid Alternate Total (Chill Fill Turf Infill): _____________________________________ Bid Alternate Amount in Words: _______________________________________________ Bid Alternate Total (Alternative Turf Product): ___________________________________ Bid Alternate Amount in Words: _______________________________________________ Bid Alternate Total (Football Goal Posts): _______________________________________ Bid Alternate Amount in Words: _______________________________________________ 277 Section 12, Item C. 34 | RFP 21-PR03 SECTION 6: EVALUATION CRITERIA 6.0 EVALUATION CRITERIA The evaluation committee will review and evaluate the proposals according to the criteria listed below. • A selection team for the City will initially evaluate and score all submittals received. • Proposals not meeting the minimum requirements and those who are non-responsive will not be considered. • Cost Proposals will be reviewed after the technical review process. Proposal Evaluation Criteria: Artificial Turf Field Layout and Usability 30 pts • Inclusion of all required sports • Maximizing turf field square footage • Overall versatility of the design Artificial Turf Product 20 pts • Product meets the required specifications • Product quality • Product warranty Related Projects and References 15 pts • Experience and technical competence on similar projects • Previous experience as a design team • Quality of the final work product • Ability to meet schedules Past Experience with City of Milton 5 pts Price (Section 5) 30 pts 1. Interviews and Product Demonstration If applicable, short-listed Firms will be invited to make a presentation to the City of Milton. At this time, they can provide live demonstrations and discuss the benefits with the City. A question and answer will follow the presentation. 2. Final Ranking 278 Section 12, Item C. 35 | RFP 21-PR03 Upon completion of the interviews and demonstrations, the evaluation committee will rank the short-listed proposals based on a combination of the evaluation scores. The City has the right to award this contract solely based upon review of the submitted proposals and subsequent negotiations. SECTION 7: STANDARD CONTRACT INFORMATION 7.0 STANDARD CONTRACT The City’s standard contract is attached to this document as Appendix A. Offeror should notify the City of any terms within the standard contract that preclude them from responding to the RFP. This notification must be made by the deadline for receipt of written/e-mailed questions or with the Offeror’s RFP response. Any requests for material, substantive, important exceptions to the standard contract will be addressed in any formal written addendum issued by the procurement officer in charge of the solicitation. The City reserves the right to address any non- material, minor, insubstantial exceptions to the standard contract with the highest scoring Offeror at the time of contract negotiation. 7.1 ADDITIONAL CONTRACT PROVISIONS AND TERMS This RFP and any addenda, the Offeror’s RFP response, including any amendments, a best and final offer, any clarification question responses, and any negotiations shall be included in any resulting contract. The City’s standard contract, attached as Appendix A, contains the contract terms and conditions which will form the basis of any contract negotiated between the City and the highest scoring Offeror. The contract language contained in Appendix A does not define the total extent of the contract language that may be negotiated. In the event of a dispute as to the duties and responsibilities of the parties under this contract, the contract, along with any attachments prepared by the City, will govern in the same order of precedence as listed in the contract. 7.2 SUBCONTRACTOR The highest scoring Offeror will be the prime contractor if a contract is awarded and shall be responsible, in total, for all work of any sub-contractors. All sub- contractors, if any, must be listed in the proposals. The City reserves the right to approve all sub-contractors. The Contractor shall be responsible to the City for the acts and omissions of all sub-contractor or agents and of persons directly or indirectly employed by such sub-contractor, and for the acts and omissions of persons employed directly by the Contractor. Further, nothing contained within this document or any contract documents created as a result of any contract awards derived from this RFP shall create any contractual relationships between any subcontractor and the City. 279 Section 12, Item C. 36 | RFP 21-PR03 7.3 GENERAL INSURANCE REQUIREMENTS See sample contract. 7.4 COMPLIANCE WITH WORKERS’ COMPENSATION ACT The Contractor is required to supply the City of Milton with proof of compliance with the Workers’ Compensation Act while performing work for the City. Neither the Contractor nor its employees are employees of the City. The proof of insurance/exemption must be received by the City of Milton within ten (10) working days of the Request for Documents Notice and must be kept current for the entire term of the contract. CONTRACTS WILL NOT BE ISSUED TO OFFERORS WHO FAIL TO PROVIDE THE REQUIRED DOCUMENTATION WITHIN THE ALLOTTED TIME FRAME. 7.5 COMPLIANCE WITH LAWS The Contractor must, in performance of work under this contract, fully comply with all applicable federal, state, or local laws, rules and regulations, including the Civil Rights Act of 1964, the Age Discrimination Act of 1975, the Americans with Disabilities Act of 1990, and Section 504 of the Rehabilitation Act of 1973. Any subletting or sub-contracting by the Contractor subjects sub-contractors to the same provision. The Contractor agrees that the hiring of persons to perform the contract will be made on the basis of merit and qualifications and there will be no discrimination based upon race, color, religion, creed, political ideas, sex, age, marital status, physical or mental disability, or national origin by the persons performing the contract. 7.6 CONTRACT TERMINATION See sample contract. 280 Section 12, Item C. 37 | RFP 21-PR03 Appendix A: Two (2) Large Grass Fields 281 Section 12, Item C. 38 | RFP 21-PR03 282 Section 12, Item C. 39 | RFP 21-PR03 Appendix B: Survey of Property Full Scale Document https://www.cityofmiltonga.us/home/showdocument?id=4863&isPublished=False&t=6376187101 19572380 283 Section 12, Item C. ~ SAMPLE CONTRACT INTENTIONALLY OMITTED ~ 284 Section 12, Item C. RFP 21-PR03, Addendum #1 1 | Page ACKNOWLEDGEMENT RECEIPT OF ADDENDUM #1 RFP 21-PR03 Upon receipt of documents, please email, fax or mail this page to: City of Milton Attn: Honor Motes, Purchasing Office 2006 Heritage Walk Milton, GA 30004 Phone: 678-242-2500 Fax: 678-242-2499 Email: honor.motes@cityofmiltonga.us I hereby acknowledge receipt of documents pertaining to the above referenced RFP. COMPANY NAME: ___________________________________________ CONTACT PERSON: _________________________________________ ADDRESS: __________________________________________________ CITY: _________________ STATE: ____________ ZIP: _____________ PHONE: ______________________ FAX: _________________________ EMAIL ADDRESS: ___________________________________________ ____________________________________ ______________________ Signature Date ADDENDUM #1 285 Section 12, Item C. RFP 21-PR03, Addendum #1 2 | Page ADDENDUM #1 RFP 21-PR03 Questions and Answers This Addendum forms a part of the contract documents and modifies the original ITB documents as noted below: 1. Section 3.1.4 mentions Modular Wall Details but we see no reference to new or any indication of existing modular walls in RFP. Could you please provide clarification on this specification. The need for walls and design criteria will be determined by the Contractor during the design phase. 2. Are bidders required to submit a full design plan set with RFP response or will this be conducted post-award? Design set will be post award 3. Section 3.0 (paragraph 4) indicates that construction to start early to mid November 2021. Can you confirm that City of Milton will be able to obtain engineering and permitting approval in time to allow a construction start date of early to mid November 2021. Confirmed 4. 3.2.VI - Synthetic Turf: Bullet point #4 indicates bidders to submit physical samples with bid (in addition to catalogue sheets). Will City of Milton be waiving this requirement since RFP responses are to be submitted electronically only (Cover Page: Instructions To Offeror) Samples shall be dropped off or mailed to the Procurement Manager and received by COB on Friday, September 17. City Hall is located at 2006 Heritage Walk, Milton, GA 30004. Business hours are Monday – Friday from 8:30 a.m to 5:00 p.m. Offices are closed Monday, September 6th for Labor Day. 5. Is a topographic survey available? If not, will all offerors be required to carry cost of topographic survey in their Cost Proposal? The City does not have a topographic survey available, however, you can access a topographic map of the property on the City of Milton’s GIS page. Any additional topographic surveys needed should be included in the cost proposal. https://miltonga.maps.arcgis.com/apps/webappviewer/index.html?id=2a7e0100b7c 54cc1add11d06cd558254 6. Desired Field sizes? The City desires each field to be as large as reasonably possible, to accommodate more participants on the fields. No alterations to the existing field lights are accepted. 7. What is the minimum run out room around the field sidelines the city will accept? 10 feet? 8. Will stormwater detention, water quality, or rate runoff reduction be required? Yes 9. Clean out existing pond or leave as is? To be determined by the stormwater needs with the improvements to the park. 10. Any tree clearing or build what we can on existing grass flat areas? To be determined by the Contractor, in order to build the appropriate fields. 11. Who is the permitting agency for the LDP? City of Milton 12. Will there be any requirements to modify the entrance/exit of the park on Cox Road? No 13. Will sidewalk along the entire property frontage be required? No 14. The survey in the RFP was from 2015. Will the city be providing an updated survey along with topography and trees located? No 286 Section 12, Item C. RFP 21-PR03, Addendum #1 3 | Page 15. Will a boundary or tree survey be required, or can we just include the limits of disturbance for the fields? Limits of disturbance will be acceptable 16. Will any parking improvements be required? No improvements to the parking lot will be required, unless the field construction requires it. 17. Will handicap accessible routes be required around the fields? ADA accessibility to both fields will be required. 18. – (Section) 2.5 Rights Reserved, 6. …The City, in its sole discretion, reserves the right to award a portion of this RFP or not award any portion of this RFP if it is in the best interest of the City not to proceed with contract execution; o Is it the intent of the city to award only portions of the specified scope of work? The concern is that, if the contract is awarded with only a small amount of the specified scope of work, then the project might no longer offer value to bidders. And with the bid bond requirement, bidders would have no recourse. The plan is to move forward with the entire scope of work. Budget constraints would be the only factor that would reduce the scope of work. 19. – (section) 3.0 Mandatory Requirements, b. Two baseball fields with dugouts. o Is there any design input/criteria/location/extents information available on the dugouts or is design per each bidder? The bid does not have a required dugout specification. 20. – (section) 3.0 Mandatory Requirements - The construction period will take place between the fall and spring seasons when the park is not utilized for recreational programming. The fall 2021 season will conclude in early November. o Does this mean work can only be performed in the winter? o When does Spring season commence? Work will begin in November and continue until the project is complete. The spring season typically begins in mid-February. 21. – (section) 3.1 Two (2) Large Fields – Requirements, 4. Modular Wall Details o Is there any design input/criteria/location/extents information available on the modular wall or is design per each bidder? The need for walls and design criteria will be determined by the Contractor during the design phase. 22. – (section) 3.1 Two (2) Large Fields – Requirements, 7. Spectator Area Details o Is there any design input/criteria/location/extents information available on the spectator area or is design per each bidder? There are no specific criteria for spectator area details. This will be designed by the bidder. 23. – (section) 3.2 Subsurfacing & Turf Construction Specifications - All ancillary items pertaining to the field such as portable mounds, sport netting, or backstops, will be properly presented with options and a written explanation with the submittal response. o How many options of each type of system are desired? o Is there any design input/criteria/location/extents information available on the portable pitching mounds and/or backstops or is design per each bidder? Each bidder will submit their own design. There is no specified number of options that are required. 24. - Appendix B: Survey of Property o There is a url link to the scaled survey, yet the link does not work. Can the PDF (and CAD if available) version of the scaled survey be provided? – https://www.cityofmiltonga.us/home/showdocument?id=4864&t=63761871012037000 0 25. What storm water requirements will be required by the city? Must meet state and local stormwater permitting requirements. NOI will be issued through the City. 26. Is there a topo available? Answered in question #5 27. Do you want natural grass between the fields or matching synthetic turf? Natural grass between the fields is acceptable. 287 Section 12, Item C. RFP 21-PR03, Addendum #1 4 | Page 28. Do you want a seating area between the fields? Seating between the fields is not called out for in the bid. 29. Is the detention pond on the south end, to be cleaned out? To be determined by the stormwater needs with the improvements to the park. 30. What the desired turf footprint? As much square footage as reasonably achievable. 31. What are the dimensions of the field? To be determined by the bidder’s proposal. 32. What type of dugouts are you requiring? The bid does not have a required dugout specification. 33. Which fence line are you wanting to be replaced, there are a couple of different fences on the north end. No existing fencing should be removed, unless it is determined it needs to be removed for clearing and grading to increase the field size. 34. Assuming that the soil isn't suitable, are we to use cement stabilization? To be determined in the field as needed. *SEE REVISED COST PROPOSAL BELOW THAT REPLACES ORIGINAL IN RFP* 288 Section 12, Item C. RFP 21-PR03, Addendum #1 5 | Page ♦ MUST BE RETURNED WITH PROPOSAL IN A SEPARATE FILE ♦ REVISED – COST PROPOSAL Milton Parks & Recreation Cox Road Artificial Field Turfing Bid Submittal Form (page 1 of 2) The Offeror’s cost proposal shall be signed by an authorized agent of the company. The undersigned Offeror, having familiarized themselves with the work required by the RFP, the solicitation documents, the site where the work is to be performed, all laws, regulations, and other factors affecting performance of the work, and having satisfied itself/himself/herself of the expense and difficulties attending performance of the work; Hereby proposes and agrees, if this offer for the above named project is accepted to enter into a contract to perform all work necessary to the successful completion of the contract; and to supply all required submittals as indicated or specified in the RFP and the bid documents to be performed or furnished by Offeror for the total contract price of: Print/Type Company Name: ___________________________________________________ Authorized Signature______________________________ Date_______________________ Print/Type Name_______________________________________________________________ Print/Type Title_________________________________________________________________ 289 Section 12, Item C. RFP 21-PR03, Addendum #1 6 | Page ♦ MUST BE RETURNED WITH PROPOSAL IN A SEPARATE FILE ♦ REVISED – COST PROPOSAL Milton Parks and Recreation Cox Road Artificial Field Turfing Bid Submittal Form – (page 2 of 2) Base Bid Total: _________________________________ Miscellaneous Construction Allowance: $100,000.00 Base Bid Amount in Words: ___________________________________________________ (including Miscellaneous Construction Allowance) • Number of days to fully complete project (exclude weather related days) _______________________ Bid Alternate Total (Chill Fill Turf Infill): _____________________________________ Bid Alternate Amount in Words: _______________________________________________ Bid Alternate Total (Alternative Turf Product): ___________________________________ Bid Alternate Amount in Words: _______________________________________________ Bid Alternate Total (Football Goal Posts): _______________________________________ Bid Alternate Amount in Words: _______________________________________________ 290 Section 12, Item C. RFP 21-PR03, Addendum #2 1 | Page ACKNOWLEDGEMENT RECEIPT OF ADDENDUM #2 RFP 21-PR03 Upon receipt of documents, please email, fax or mail this page to: City of Milton Attn: Honor Motes, Purchasing Office 2006 Heritage Walk Milton, GA 30004 Phone: 678-242-2500 Fax: 678-242-2499 Email: honor.motes@cityofmiltonga.us I hereby acknowledge receipt of documents pertaining to the above referenced RFP. COMPANY NAME: ___________________________________________ CONTACT PERSON: _________________________________________ ADDRESS: __________________________________________________ CITY: _________________ STATE: ____________ ZIP: _____________ PHONE: ______________________ FAX: _________________________ EMAIL ADDRESS: ___________________________________________ ____________________________________ ______________________ Signature Date ADDENDUM #2 291 Section 12, Item C. RFP 21-PR03, Addendum #2 2 | Page ADDENDUM #2 RFP 21-PR03 Questions and Answers This Addendum forms a part of the contract documents and modifies the original ITB documents as noted below: REVISED DUE DATE: Friday, 9/17/21 at 2:00 p.m. The following questions were received in response to Addendum #1. Due to the need to clarify scope and issue a revised Cost Proposal with edits to the Bid Alternate, we are extending the due date for RFP submittals to Friday, September 17, 2021 at 2:00 p.m. 1. Q/A 1.: Since there will be no specification or requirement for the modular wall (“…need for walls and design criteria will be determined by the contractor during the design phase”) can we assume that any costs incurred to supply and install a modular wall – IF required – will be covered by the addition of the $100,000.00 Miscellaneous Construction Allowance? Yes 2. Q/A 27: “Natural grass between the fields is acceptable” – is this requirement for sod or will seed and straw be accepted? Sod is required. 3. Q/A 33. “No existing fencing should be removed…” – this answer seems to contradict the fencing specification called out in Section 3.3 (p. 30) of the original RFP. Could you please clarify what exactly the City of Milton is requesting from offerors in regards to the fencing specifications referenced here? Section 3.3 (p. 30) of RFP only refers to new fencing to be installed around new fields. 4. Chill Fill Turf Infill (Bid Alternate #1 – Bid Submittal Form p. 2) is a proprietary product manufactured and sold exclusively by a competing offeror – inclusion of this specific product puts all other offerors at a competitive disadvantage in that the infill specified is a sole source product available for purchase solely through one of the offerors that will be bidding on the project. – Bid Alternate has been updated to state “or equivalent product that promotes cooler surface temperature”. See revised Cost Proposal form below. *SEE REVISED COST PROPOSAL with EDITED BID ALTERANATE BELOW THAT REPLACES ORIGINAL IN RFP AND ADDENDUM #1* 292 Section 12, Item C. RFP 21-PR03, Addendum #2 3 | Page ♦ MUST BE RETURNED WITH PROPOSAL IN A SEPARATE FILE ♦ REVISED – COST PROPOSAL with Edited Bid Alternate Milton Parks & Recreation Cox Road Artificial Field Turfing Bid Submittal Form (page 1 of 2) The Offeror’s cost proposal shall be signed by an authorized agent of the company. The undersigned Offeror, having familiarized themselves with the work required by the RFP, the solicitation documents, the site where the work is to be performed, all laws, regulations, and other factors affecting performance of the work, and having satisfied itself/himself/herself of the expense and difficulties attending performance of the work; Hereby proposes and agrees, if this offer for the above named project is accepted to enter into a contract to perform all work necessary to the successful completion of the contract; and to supply all required submittals as indicated or specified in the RFP and the bid documents to be performed or furnished by Offeror for the total contract price of: Print/Type Company Name: ___________________________________________________ Authorized Signature______________________________ Date_______________________ Print/Type Name_______________________________________________________________ Print/Type Title_________________________________________________________________ 293 Section 12, Item C. RFP 21-PR03, Addendum #2 4 | Page ♦ MUST BE RETURNED WITH PROPOSAL IN A SEPARATE FILE ♦ REVISED – COST PROPOSAL with Edited Bid Alternate Milton Parks and Recreation Cox Road Artificial Field Turfing Bid Submittal Form – (page 2 of 2) Base Bid Total: _________________________________ Miscellaneous Construction Allowance: $100,000.00 Base Bid Amount in Words: ___________________________________________________ (including Miscellaneous Construction Allowance) • Number of days to fully complete project (exclude weather related days) _______________________ Bid Alternate Total (Chill Fill Turf Infill or equivalent product that promotes cooler surface temperature): ___________________________ Bid Alternate Amount in Words: _______________________________________________ Bid Alternate Total (Alternative Turf Product): ___________________________________ Bid Alternate Amount in Words: _______________________________________________ Bid Alternate Total (Football Goal Posts): _______________________________________ Bid Alternate Amount in Words: _______________________________________________ 294 Section 12, Item C. “EXHIBIT B” 295 Section 12, Item C. 296 Section 12, Item C. 297 Section 12, Item C. 298 Section 12, Item C. 299 Section 12, Item C. 300 Section 12, Item C. Addendum No. 4 - 09.15.2021 301 Section 12, Item C. 302 Section 12, Item C. 303 Section 12, Item C. 304 Section 12, Item C. 305 Section 12, Item C. 306 Section 12, Item C. 307 Section 12, Item C. 308 Section 12, Item C. 309 Section 12, Item C. City of Milton Parks & Rec Cox Road Artificial Field Turfing Request for Proposal No. 21-PR03 310 Section 12, Item C. TABLE OF CONTENTS ADVANCED SPORTS GROUP 0 1- Design & Construction Team 2- Site Design & Field Layout 3- Turf Product Details & Specs 4- Work Plan 5- Related Projects & References 6- Pricing 311 Section 12, Item C. DESIGN & CONSTRUCTION TEAM ADVANCED SPORTS GROUP 0 312 Section 12, Item C. Our mission is to build recreational spaces that help our communities live a happier and healthier life. Bringing over 20 years of experience to each project, Advanced Sports Group provides design consultation, permitting, estimating and overall project management to every job. We are a full service recreational General Contractor, capable of operating in over 30 states, creating facilities that families and athletes will enjoy for years to come. Through “Value Engineering”, we can help our clients creatively use their budget with no surprises and peace of mind. We truly care about the client’s resources and want to steward those to the best of our ability. For us, it’s important to build a team with the engineers, architects and owners to make the project a success. ASG is domestic Limited Liability Company, based in Georgia, and has very specialized in-house turnkey services. We strive every day to achieve our vision of becoming the most respected recreational General Contractor in the Southeast. Our team consists of 7 administrative staff and multiple field crews, working together to stay on schedule and make the build of your project smooth. The point of contact for any resulting contract will be based out of our office in Kennesaw, Georgia. OUR COMPANY ADVANCED SPORTS GROUP 0 313 Section 12, Item C. 0 Eighteen (18) Years construction experience as President/CEO, Superintendent, Project Manager, and Chief Estimator Scopes of work include:Residential, Heavy and Light Commercial, Grading/Utilities, Concrete ,General Contracting for DOT Work, Parks andRecreation, Distribution and Warehouse Facilities Certified Playground Safety Inspector 3 years experience as Project Manager Certified UAS Pilot 3 years experience as Project Coordinator Twenty five (25) years in the Grading Industry with experience as a Superintendent, Heavy Equipment Operator, and in Specialty Grading with GPS equipment Scopes of Work include: Clearing & Demolition, Mass & Fine Grading, Specialty Laser Grading and GPS Capabilities, Storm Pipe Installations, Utilities Eight (8) Years in constructing drainage base systems and turf installation Certified installer for Shaw Southwest Greens Completed an estimated 2,000,000+ square footage of turf installed over last four years in North and South Carolina, Tennessee, Alabama, Florida and Georgia Josh Maner, President, ASG Matt Duckworth, Senior Project Manager Charity Gherardini, Marketing Director & Project Manager Ashley Goodson, Superintendent TJ Pizano, Superintendent COMPANY EXPERIENCE ADVANCED SPORTS GROUP 314 Section 12, Item C. 0 General Contractor Advanced Sports Group, LLC casts a broad net in the sports field construction market. Bringing over 20 years of experience to each project, ASG provides design consultation, permitting, estimating and overall project management to every job. Our staff is capable of handling all scheduling, submittals, RFI’s, closeout documents, and billings to ensure a smooth process. Unique to ASG, we conduct specialty grading using our GPS/Laser-enabled equipment, which ensures unparalleled accuracy within all aspects of your sports field construction. STATEMENT OF QUALIFICATION ADVANCED SPORTS GROUP Turf Partner Through our strategic partnership with Shaw Sports Turf, ASG can provide full general contracting services, completing any project specific to the needs of your athletes and sports programs. Shaw has demonstrated industry leadership in both quality and innovation for more than two decades with over 3,000 successful installations, ranging from community parks to professional fields. Advanced Sports Group is proud to partner with Shaw Sports Turf all over the United States. General Contractor's License in over 30 states Certified Playground Safety Inspector UAS Part 107 Remote Pilot Certifications 315 Section 12, Item C. SITE DESIGN & FIELD LAYOUT ADVANCED SPORTS GROUP 0 0 0 316 Section 12, Item C. Milton Park Initial Layout Concept w/ Prelim Grading 2021-09-16 BREEDLOVELAND PLANNING Landscape Architects • Civil Engineers www.landplanning.net 11151110 1105 1100 1120 1125 Milton Park - Schematic Layout of Ball Fields * The topography in background is pulled from GIS for this Schematic Sketch FOOTBALL: South Field Football Field Regulation 100-Yard Field (120 yds including end zones), Coaches Boxes, Field Goal Posts with 10' runoff zone beyond. SOCCER: North and South Fields North Field: 185' Wide by 330' Long Soccer Field with 10' runoff zone beyond. South Field: 185' Wide by 360' Long Soccer Field with 10' runoff zone beyond. Field Markings may be adjusted during design to maximize size on football field while minimizing field marking conflicts. LACROSSE: North and South Fields North Field: 180' Wide by 330' Long Unified Youth Lacrosse Field with 10' runoff zone beyond. South Field: 180' Wide by 330' Long Unified Youth Lacrosse Field with 10' runoff zone beyond. Field Markings may be adjusted during design to maximize size on football field while minimizing field marking conflicts. BASEBALL: North and South Fields North Field: 200' Left Field Line and 180' Right Field Line to avoid conflict with lighting. Fence/Netting in Right Field may be added to mitigate shorter horizontal distance. South Field: 200' Left Field Line and 200' Right Field Line. If Slope is utilized here, some tree removal/ clearing would be required for a slope approximately 12' tall. If Wall is chosen, the wall would be approximately 7' to 8' tall in the corner. This would minimize required tree removal. Could also consider a combination of 4' tall MSE wall with limited additional clearing and slope. Existing Stormwater Management Facility Existing Parking To Remain.PROPERTY LINEPROPERTY LINEPROPERTY LINE 317 Section 12, Item C. TURF PRODUCT DETAILS AND SPECIFICATIONS ADVANCED SPORTS GROUP 0 0 0 (PHYSICAL SAMPLES WERE SHIPPED TO PROCUREMENT MANAGER.) 318 Section 12, Item C. LEGION™ 2.25// Linear Density - Denier Mono* Linear Density - Denier Tape* Thickness - Mono** Thickness - Tape** Break Strength - Mono & Tape*** Elongation - Mono & Tape Total Lead Content - Mono & Tape Total Product Weight**** Pile Yarn Fiber Weight** Primary Backing Weight** Secondary Backing Weight† Average Pile Height** Average Tuft Bind Strength Tufting Gauge Average Grab Tear Strength g-Max Pill Flammability Infiltrometer (Drainage) TEST SPECIFICATIONS 7,200 5,000 300 100 12 > 30 < 100 74 46 8 20 2.25 > 10 1/2 > 200 < 200 Pass > 25 Except where noted as a minimum or maximum, the above specifications are nominal. * All values are ± 8% ** All values are ± 5% *** All values are ± 25% **** All values are ± 10% † All values are ± 3 oz The colors shown are not intended for exact matching purposes, please refer to actual sample swatches for accurate hues. Denier Denier Microns Microns lbs/force % ppm oz / yd 2 oz / yd 2 oz / yd 2 oz / yd 2 inches lb / force inches lb / force in / hr UNIT FIELD/LIME/OLIVE ORANGE PURPLE FIELD/OLIVE/ FIELD GOLD BLACK FIELD/LIME/FIELD YELLOW GREY FIELD/OLIVE/ OLIVE VEGAS GOLD WHITE FIELD GREEN TAN CRIMSON LAGOON BLUE RED MEDIUM BLUE TERRA COTTA NAVY BLUE 319 Section 12, Item C. PO Box 2041 Dalton, GA 30722-2041 (706) 226-1400 tsioffice@optilink.us OUR LETTERS AND REPORTS APPLY ONLY TO THE SAMPLE TESTED AND ARE NOT NECESSARILY INDICATIVE OF THE QUALITIES OF APPARENTLY IDENTICAL OR SIMILAR PRODUCTS. THESE LETTERS AND REPORTS ARE FOR THE USE ONLY OF THE CLIENT TO WHOM THEY ARE ADDRESSED AND THEIR COMMUNICATION TO ANY OTHERS OR THE USE OF THE NAME TESTING SERVICES, INC. MUST RECEIVE OUR PRIOR WRITTEN APPROVAL. OUR REPORTS, LETTERS, NAME, SEALS, OR INSIGNIA ARE NOT UNDER ANY CIRCUMSTANCES TO BE USED IN ADVERTISING TO THE GENERAL PUBLIC. TEST MATERIAL: EXCELLENT:XXX GOOD:POOR:REJECTED: TESTING METHODS REQUESTED: Standard: Standard: Standard: Standard: Standard: Standard: Standard: Standard: Standard: Standard: Standard: SAMPLING PLAN: DEVIATION FROM TEST METHOD: Legion 2.25 46 n/a Requested By: Synthetic Turf Material Condition: Style: Roll #: Dates Received: Standard Test Method for Binding Sites per Unit Length or Width of Pile Yarn Floorcoverings Testing Services Inc. was instructed by the client to test for the following… ASTM D1907 ASTM D3218 ASTM D2256 ASTM D5848 Standard Test Method for Tuft Height of Pile Yarn Floorcoverings Standard Test Method for Tuft Bind of Pile Yarn Floorcoverings Standard Test Method for Breaking Strength of Textile Fabrics (Grab) Standard Test Method for Liner Density of Yarn by the Skein Method Standard Test Method for Specification of Polyolefin Monofilaments Standard Test Method for Tensile Properties of Yarns by the Single Strand Method Standard Test Method for Mass Per Unit Area of Pile Yarn Floorcoverings Test Method: Test Method: Test Method: Test Summary Report Number: Lab Test Number: Test Completion Date: Report Date: Material Type: Company: Address: 11/17/2017 Turf, 10/9/2017, 6/28/2019 Yarn 1/5/2018 Turf, 11/2/2017, 7/15/2019 Yarn Shaw Sports Turf 616 E. Walnut Ave Dalton, GA 30720 Drew McDowell 72507-01 2974-4793, 2963-4391, 3122-0590 12/28/2017 Turf, 11/2/2017, 7/12/2019 Yarn Test Method: Test Method: Test Method: Test Method: Test Method: ASTM D5823 ASTM D1335 ASTM D5034 ASTM D5793 • Specimen sampling is performed in the sampling department at TSI. • The sampling size of specimens is determined by the test method requirements. • In the event a specific sampling size is not called for, a determination will be made based on previous testing experience, and approved for use by an authorized manager. • All samples are subjected to the outside environmental conditions of temperature and relative humidly. • Sample requiring pre-determined exposure to specified environmental conditions based on a specific test method, take place in the departments in which they are tested State reason for any Deviation from, Additions to, or Exclusions From Test Method. None Standard Test Method for Impact Attenuation of Playing Surface Systems and MaterialsTest Method: Standard Test Method for Ignition Characteristics of Finished Textile Pile Yarn Floorcoverings Standard Test Method for Infiltration Rates of Soils in Field Using Double Ring Infiltrometer ASTM F355 ASTM D2859 ASTM D3385 Test Method: Test Method: 1 of 2 320 Section 12, Item C. PO Box 2041 Dalton, GA 30722-2041 (706) 226-1400 tsioffice@optilink.us OUR LETTERS AND REPORTS APPLY ONLY TO THE SAMPLE TESTED AND ARE NOT NECESSARILY INDICATIVE OF THE QUALITIES OF APPARENTLY IDENTICAL OR SIMILAR PRODUCTS. THESE LETTERS AND REPORTS ARE FOR THE USE ONLY OF THE CLIENT TO WHOM THEY ARE ADDRESSED AND THEIR COMMUNICATION TO ANY OTHERS OR THE USE OF THE NAME TESTING SERVICES, INC. MUST RECEIVE OUR PRIOR WRITTEN APPROVAL. OUR REPORTS, LETTERS, NAME, SEALS, OR INSIGNIA ARE NOT UNDER ANY CIRCUMSTANCES TO BE USED IN ADVERTISING TO THE GENERAL PUBLIC. TEST MATERIAL: EXCELLENT:XXX GOOD:POOR:REJECTED: Legion 2.25 46 n/a Requested By: Synthetic Turf Material Condition: Style: Roll #: Dates Received: Test Summary Report Number: Lab Test Number: Test Completion Date: Report Date: Material Type: Company: Address: 11/17/2017 Turf, 10/9/2017, 6/28/2019 Yarn 1/5/2018 Turf, 11/2/2017, 7/15/2019 Yarn Shaw Sports Turf 616 E. Walnut Ave Dalton, GA 30720 Drew McDowell 72507-01 2974-4793, 2963-4391, 3122-0590 12/28/2017 Turf, 11/2/2017, 7/12/2019 Yarn TEST SUMMARY: 16.22 lbs/force 37.60% 13.0 lbs/force 58.60% 3.0 stitches per 1"1/2" 3.65 lbs/ft² Rubber Mixed with 3.65 lbs/ft² Sand Uncertainty: Test Report Approval: Erle Miles, Jr. VP, Testing Services Inc TSi Accreditation: Our code # is: NVLAP 100108-0. TSi is a certified independent testing laboratory by the Synthetic Turf Council Our laboratory is ISO9001: 2008 Technical Testing of Textiles accredited. TEST METHOD TEST DESCRIPTION TEST RESULT - SLIT FILM Yarn Breaking Strength / ElongationASTM D2256Yarn TestingYarn Denier 5,026 Filament Thickness 0.0040" / 103 microns ASTM D1907 ASTM D3218 TEST METHOD TEST DESCRIPTION TEST RESULT - MONOFILAMENT Yarn TestingASTM D1907 Yarn Denier 7,775 ASTM D3218 Filament Thickness 0.01174" / 298 microns ASTM D2256 Yarn Breaking Strength / Elongation 71.55 oz/yd2 ASTM D5793 Stitch Count / Gauge ASTM D5848 Average Tuft Bind Strength ASTM D5848 Total Product Weight TEST METHOD TEST DESCRIPTION TEST RESULT 8 out of 8 passes ASTM F355a Gmax 44.85 oz/yd2 7.98 oz/yd2 18.72 oz/yd2 2.25" 16.3 lbs/force 313.0 lbs/force Infill System: 61 inches/hour We undertake all assignments for our clients on a best effort basis. Our findings and judgments are based on the information using the latest test methods available. TSI can only ensure the test results for the specific items tested. Unless otherwise noted in the deviations sections of this report, all tests performed are in compliance with stated test method. Pile Yarn Weight Primary Backing Weight Secondary Backing Weight Average Pile Height ASTM D1335 ASTM D5034 95 Avg Grab Tear Strength of L & W Direction ASTM D5848 ASTM D5848 ASTM D5823 ASTM D3385 Infiltrometer Drainage RateProduct TestingTEST METHOD TEST DESCRIPTION TEST RESULT PerformanceTestingASTM D2859 Pill Flammability 2 of 2 321 Section 12, Item C. Linear Density - Denier Mono* Linear Density - Denier Tape* Thickness - Mono** Thickness - Tape** Break Strength - Mono & Tape*** Elongation - Mono & Tape Total Lead Content - Mono & Tape Total Product Weight**** Pile Yarn Fiber Weight** Primary Backing Weight** Secondary Backing Weight† Average Pile Height** Average Tuft Bind Strength Tufting Gauge Average Grab Tear Strength g-Max Pill Flammability Infiltrometer (Drainage) TEST SPECIFICATIONS 7,200 5,000 300 100 12 > 30 < 100 69 41 8 20 2.0 > 10 1/2 > 200 < 200 Pass > 25 LEGION™ 2.0// Except where noted as a minimum or maximum, the above specifications are nominal. * All values are ± 8% ** All values are ± 5% *** All values are ± 25% **** All values are ± 10% † All values are ± 3 oz The colors shown are not intended for exact matching purposes, please refer to actual sample swatches for accurate hues. Denier Denier Microns Microns lbs/force % ppm oz / yd 2 oz / yd 2 oz / yd 2 oz / yd 2 inches lb / force inches lb / force in / hr UNIT FIELD/LIME/OLIVE ORANGE PURPLE FIELD/OLIVE/ FIELD GOLD BLACK FIELD/LIME/FIELD YELLOW GREY FIELD/OLIVE/ OLIVE VEGAS GOLD WHITE FIELD GREEN TAN CRIMSON LAGOON BLUE RED MEDIUM BLUE TERRA COTTA NAVY BLUE 322 Section 12, Item C. TSi TESTING SERVICES, INC. 817 SHOWALTER AVE., PO BOX 2041 DALTON, GA 30722‐2041 PHONE: (706)226‐1400 FAX: (706)226‐6118 OUR LETTERS AND REPORTS APPLY ONLY TO THE SAMPLE TESTED AND ARE NOT NECESSARILY INDICATIVE OF THE QUALITIES OF APPARENTLY IDENTICAL OR SIMILAR PRODUCTS. THESE LETTERS AND REPORTS ARE FOR THE USE ONLY OF THE CLIENT TO WHOM THEY ARE ADDRESSED AND THEIR COMMUNICATION TO ANY OTHERS OR THE USE OF THE NAME TESTING SERVICES, INC. MUST RECEIVE OUR PRIOR WRITTEN APPROVAL. THE REPORTS AND LETTERS, AND OUR NAME, OUR SEALS, OR OUR INSIGNIA ARE NOT UNDER ANY CIRCUMSTANCES TO BE USED IN ADVERTISING TO THE GENERAL PUBLIC. TEST MATERIAL: EXCELLENT:XXX GOOD:POOR:REJECTED: TESTING METHODS REQUESTED: Standard: Standard: Standard: Standard: Standard: Standard: Standard: Standard: Standard: Standard: Standard: SAMPLING PLAN: DEVIATION FROM TEST METHOD: Legion 2.0 41 ZG90761 Requested By: Synthetic Turf Material Condition: Style: Roll #: Dates Received: Standard Test Method for Binding Sites per Unit Length or Width of Pile Yarn Floorcoverings Test Method: Test Method: Testing Services Inc. was instructed by the client to test for the following… ASTM D1907 ASTM D3218 ASTM D2256 ASTM D5848 Standard Test Method for Tuft Height of Pile Yarn Floorcoverings Standard Test Method for Tuft Bind of Pile Yarn Floorcoverings Standard Test Method for Breaking Strength of Textile Fabrics (Grab) Standard Test Method for Liner Density of Yarn by the Skein Method Standard Test Method for Specification of Polyolefin Monofilaments Test Summary Report Number: Lab Test Number: Test Completion Date: Report Date: Material Type: Company: Address: 9/2/2015 Turf, 10/9/2017, 6/28/2019 Yarn 5/10/2016 Turf, 11/2/2017, 7/12/2019 Yarn Shaw Sports Turf 616 E. Walnut Ave Dalton, GA 30720 Drew McDowell 65424-01 2757-5434, 2963-4391, 3122-0590 10/30/2015 Turf, 11/2/2017, 7/12/2019 Yarn Standard Test Method for Tensile Properties of Yarns by the Single Strand Method Standard Test Method for Mass Per Unit Area of Pile Yarn Floorcoverings Test Method: Test Method: Test Method: Test Method: Test Method: Test Method: Test Method: Test Method: ASTM D5823 ASTM D1335 ASTM D5034 ASTM D5793 • Specimen sampling is performed in the sampling department at TSI. • The sampling size of specimens is determined by the test method requirements. • In the event a specific sampling size is not called for, a determination will be made based on previous testing experience, and approved for use by an authorized manager. • All samples are subjected to the outside environmental conditions of temperature and relative humidly. • Sample requiring pre-determined exposure to specified environmental conditions based on a specific test method, take place in the departments in which they are tested State reason for any Deviation from, Additions to, or Exclusions From Test Method. None Standard Test Method for Impact Attenuation of Playing Surface Systems and MaterialsTest Method: Standard Test Method for Ignition Characteristics of Finished Textile Pile Yarn Floorcoverings Standard Test Method for Infiltration Rates of Soils in Field Using Double Ring Infiltrometer ASTM F355 ASTM D2859 ASTM D3385 Form: Rev: Revision Date: 1 of 2 Release Date: Control Type: Electronic Expires 24 hours after: Oct. 3/24/2020 Printed copies are uncontrolled 323 Section 12, Item C. TSi TESTING SERVICES, INC. 817 SHOWALTER AVE., PO BOX 2041 DALTON, GA 30722‐2041 PHONE: (706)226‐1400 FAX: (706)226‐6118 OUR LETTERS AND REPORTS APPLY ONLY TO THE SAMPLE TESTED AND ARE NOT NECESSARILY INDICATIVE OF THE QUALITIES OF APPARENTLY IDENTICAL OR SIMILAR PRODUCTS. THESE LETTERS AND REPORTS ARE FOR THE USE ONLY OF THE CLIENT TO WHOM THEY ARE ADDRESSED AND THEIR COMMUNICATION TO ANY OTHERS OR THE USE OF THE NAME TESTING SERVICES, INC. MUST RECEIVE OUR PRIOR WRITTEN APPROVAL. THE REPORTS AND LETTERS, AND OUR NAME, OUR SEALS, OR OUR INSIGNIA ARE NOT UNDER ANY CIRCUMSTANCES TO BE USED IN ADVERTISING TO THE GENERAL PUBLIC. TEST MATERIAL: EXCELLENT:XXX GOOD:POOR:REJECTED: Legion 2.0 41 ZG90761 Requested By: Synthetic Turf Material Condition: Style: Roll #: Dates Received: Test Summary Report Number: Lab Test Number: Test Completion Date: Report Date: Material Type: Company: Address: 9/2/2015 Turf, 10/9/2017, 6/28/2019 Yarn 5/10/2016 Turf, 11/2/2017, 7/12/2019 Yarn Shaw Sports Turf 616 E. Walnut Ave Dalton, GA 30720 Drew McDowell 65424-01 2757-5434, 2963-4391, 3122-0590 10/30/2015 Turf, 11/2/2017, 7/12/2019 Yarn TEST SUMMARY: 16.22 lbs/force 37.60% 13.0 lbs/force 58.60% 3.0 stitches per 1"1/2" 2.88 lbs/ft² Rubber Mixed with 1.23 lbs/ft² Sand Uncertainty: Test Report Approval: Erle Miles, Jr. VP, Testing Services Inc TSi Accreditation: Our laboratory is accredited by the US Dept of Commerce, National Institute of Standards and Technology: ISO/IEC 17025:2005. Our code # is: NVLAP 100108-0. TSi is a certified independent testing laboratory by the Synthetic Turf Council 0.01174" / 298 microns ASTM D2256 Yarn Breaking Strength / Elongation TEST METHOD TEST DESCRIPTION TEST RESULT - SLIT FILM TEST METHOD TEST DESCRIPTION TEST RESULT Yarn Breaking Strength / ElongationASTM D2256Yarn TestingYarn Denier 5,026 Filament Thickness 0.0040" / 103 microns ASTM D1907 ASTM D3218 TEST METHOD TEST DESCRIPTION TEST RESULT - MONOFILAMENT Yarn TestingASTM D1907 Yarn Denier 7,775 ASTM D3218 Filament Thickness ASTM F355a Gmax 41.73 oz/yd2 8.16 oz/yd2 22.84 oz/yd2 2.0" 19.4 lbs/force 252.8 lbs/force 72.73 oz/yd2 ASTM D5793 Stitch Count / Gauge ASTM D5848 Average Tuft Bind Strength ASTM D5848 Total Product Weight Infill System: 68 inches/hour We undertake all assignments for our clients on a best effort basis. Our findings and judgments are based on the information using the latest test methods available. TSI can only Pile Yarn Weight Primary Backing Weight Secondary Backing Weight Average Pile Height ASTM D1335 ASTM D5034 115 Avg Grab Tear Strength of L & W Direction ASTM D5848 ASTM D5848 ASTM D5823 ASTM D3385 Infiltrometer Drainage RateProduct TestingTEST METHOD TEST DESCRIPTION TEST RESULT PerformanceTestingASTM D2859 Pill Flammability 8 out of 8 passes Form: Rev: Revision Date: 2 of 2 Release Date: Control Type: Electronic Expires 24 hours after: Oct. 3/24/2020 Printed copies are uncontrolled 324 Section 12, Item C. GREY PMS COOL GREY LEGION: HYBRID FIBER COLOR CHART // 866-703-4004 // www.shawsportsturf.com LAGOON BLUE FIELD GREEN MEDIUM BLUE PMS 2925 PMS 575 PMS 280 FIELD/OLIVE/FIELD TAN FIELD/LIME/FIELDFIELD/OLIVE/OLIVE PMS 575/PMS 7496 PMS 728 PMS 575/ PMS 7496PMS 575/PMS 385 GOLDORANGE YELLOW VEGAS GOLD PMS 143PMS 166 PMS 136 PMS 466 CRIMSONFIELD/LIME/OLIVE RED TERRA COTTA PMS 202PMS 575/PMS 7496/PMS 385 PMS 185 PMS 7526 NAVY BLUE PMS 289 BLACKPURPLE PMS 268 WHITE FIELD/LIME/LIME PMS 575/PMS 7496 MAROON PMS 7421 325 Section 12, Item C. COOLING TECHNOLOGY GEOFILL Sand/rubber playing surfaces utilizing Geofill as a top-dress have recorded temperatures that are 35º F cooler than traditional synthetic turf fields. Geofill is a 100% natural infill option, consisting of coconut husks and fibers. When used alone or in conjunction with other performance infills, it can cool a field by approximately 35º F in comparison to using rubber alone or other synthetic infills. HOW GEOFILL COOLS NATURALLY Heat from the sun warms the surface, causing water Geofill has absorbed to be released. This release is called evaporative cooling, the same process as how sweat cools the human body. V 3 V 3 GEOFILL RUBBER SAND www.shawsportsturf.com 326 Section 12, Item C. Field A Field BSurface Temperature (F)Surface Temperature (F)130 120 110 100 Surface Temp (Field A) = 131.75 | Group: ASurface Temp (Field B) = 98.13 | Group: B 165 140 115 90 0 Minutes 10 Minutes 20 Minutes Time Interval 153.3 104.3 102.6 119.7 121.8 113.6 30 Minutes 40 Minutes 50 Minutes 60 Minutes 122.5 105.5 92.7 96.6 103.8 102.8 106.1 102.6 SBR w/ Geofill Topdress SBR Only dressing on a sand/rubber artificial turf athletic field. One quarter pound of Geofill was used on Field B. Temperature readings were taken in the heat of the day, the median temperature showed a 32.5 degree delta evaporative cooling properties that enable a surface to naturally retain moisture and remain cooler. These graphics illustrate the results of a third party test administered on the same fields discussed in the chart above. This temperature was the initial reading on a dry field prior to any moisture being applied. As you can see the even without the presence of added moisture. Temperatures taken with an infrared thermometer on a dry surface. COOLING TECHNOLOGYGEOFILL SBR w/ Geofill TopdressSBR Only 153.3˚105.5˚ 153.3˚105.5˚ www.shawsportsturf.com The below charts illustrate a real life assessment of Shaw Sports Turf’s Geofill product when used as a top- with the top-dressed field yielding cooler results. Field A & B are located only a few miles from each other for adequate temperature comparison. Results show Geofill both as an infill and as a top-dressing employ GEOFILL Top-dress Test Results field top-dressed with Geofill maintains a cooler temperature SBR Only SBR w/ Geofill Top-dress GEOFILL Top-dress Temperature Change 327 Section 12, Item C. WORK PLAN ADVANCED SPORTS GROUP 0 0 0 328 Section 12, Item C. 2105 Barrett Park Drive suite 109, kennesaw, GA 30144 · 4707363313 Schedule - Gantt - Milton Parks 2021 2022 October November December January February March Design, Engineering, Review & Permitting Nov 1, 2021 18 days Thanksgiving Holiday Nov 25, 2021 2 days Design, Engineering, Review & Permitting Nov 29, 2021 6 days Equipment mobilization Dec 7, 2021 2 days Erosion Control Installation Dec 7, 2021 2 days Grass Stripping & Haul Off Dec 9, 2021 7 days Dirt Haul Off Dec 20, 2021 6 days Surveyors Stake Curb Dec 27, 2021 1 day Form Curb Dec 28, 2021 4 days Laser Grading Dec 28, 2021 4 days Netting Post Installation Jan 3, 2022 2 days Pour Curb Jan 3, 2022 4 days Perimeter Drain Installation Jan 7, 2022 6 days Fabric Install Jan 17, 2022 6 days Haul 57 Stone Jan 17, 2022 7 days Haul 89 stone Jan 24, 2022 5 days Box Drag Jan 31, 2022 1 day Obtain Planarity & Sign-off Feb 1, 2022 1 day Turf Delivery Feb 1, 2022 1 day Turf Installation Feb 2, 2022 13 days Core Drill & Install Fence Posts Feb 14, 2022 5 days Install Netting Feb 18, 2022 1 day Sod Installation Feb 21, 2022 3 days Address Punchout Items Feb 23, 2022 2 days Close Permits Feb 23, 2022 3 days Punchout Walk Feb 23, 2022 1 day Turnover Feb 28, 2022 1 day Title Start Workdays Design, Engineering, Review & Permitting Thanksgiving Holiday Design, Engineering, Review & Permitting Equipment mobilization Erosion Control Installation Grass Stripping & Haul Off Dirt Haul Off Surveyors Stake Curb Form Curb Laser Grading Netting Post Installation Pour Curb Perimeter Drain Installation Fabric Install Haul 57 Stone Haul 89 stone Box Drag Obtain Planarity & Sign-off Turf Delivery Turf Installation Core Drill & Install Fence Posts Install Netting Sod Installation Address Punchout Items Close Permits Punchout Walk Turnover 329Section 12, Item C. RELATED PROJECTS AND REFERENCES ADVANCED SPORTS GROUP 0 0 0 330 Section 12, Item C. Milton Public Safety Complex Milton High School Birmingham Falls Elementary School Cambridge High School Cogburn Woods Elementary School 331 Section 12, Item C. I. Inter Atlanta Football Club, Atlanta, Georgia (Arizona Avenue Soccer Complex) Contact- Scott Steiding, Board of Directors, Inter Atlanta Football Club Phone- 925-413-5208 Email- ssteiding@morrisonhershfield.com Address- 161 Arizona Avenue NE, Atlanta, GA 30307 Project completed: September 2019 Scope- Just under 290,000 sq ft, completed in Legion HP from ShawTurf with Geofill organic infill. Fields completed within 3 months. Cost- $775,000 Key Personnel involved: Josh Maner, TJ Pizano, Charity Gherardini Engineering: Breedlove Land Planning 332 Section 12, Item C. II. DeKalb County, Gresham Park Renovations, Atlanta, Georgia (2466 Bouldercrest Road, SE, Atlanta, GA 30316) Contact- Paige Singer, Division Manager, DeKalb County Parks & Recreation Phone- 404-324-1458 Email- pksinger@dekalbcountyga.gov Address- 1950 West Exchange Place, Tucker, Georgia 30084 Project completed: July 2021 (1st 2 fields), phase 2 completed by December 2021 and remaining to be completed in Spring 2022. Scope- 212,159 SF of Shaw Sports Turf TruHop 1.75 and Legion+ 2.0 Cost- $1,500,000 Key Personnel involved: Josh Maner, Matt Duckworth, TJ Pizano, Ashley Goodson Engineering: Breedlove Land Planning 333 Section 12, Item C. III. North Cobb Christian School Football Field (4500 Eagle Drive, Kennesaw, Georgia) Contact- Todd Clingman, Head of School Phone- 770-975-0252 Email- tclingman@ncchristian.org Address- 4500 Eagle Drive, Kennesaw, Georgia Project completed: August 2021 Scope- Just under 86,500 sq ft, completed in Legion+ 2.0 from ShawTurf. Cost- $370,752.42 Key Personnel involved: Josh Maner, Matt Duckworth, TJ Pizano, Charity Gherardini 334 Section 12, Item C. Additional Projects: Fullers Park multi-use field Marietta, GA Shorty Howell Park multi use field Duluth, GA 335 Section 12, Item C. Additional Projects: Hamilton Crossing multi-use field Cartersville, GA Burnt Hickory multi use field Dallas, GA 336 Section 12, Item C. Mt Paran Lacrosse/Soccer field Kennesaw, GA Additional Projects: Gary Pirkle Park multi use fields Sugar Hill, GA 337 Section 12, Item C. Mims Park Multi use field Mobile, AL Additional Projects: Lynch Park Baseball Field Newnan, GA 338 Section 12, Item C. Additional Projects: Burnt Hickory multi use field Dallas, GA 339 Section 12, Item C. PRICING ADVANCED SPORTS GROUP 0 0 0 (SEE REVISED-COST PROPOSAL WITH EDITED BID ALTERNATE ATTACHED IN SEPARATE FILE) 340 Section 12, Item C. 341 Section 12, Item C. 342 Section 12, Item C. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME:CONTACT (A/C, No):FAX E-MAILADDRESS: PRODUCER (A/C, No, Ext):PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES 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 rights to the certificate holder in lieu of such endorsement(s). 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. OTHER: (Per accident) (Ea accident) $ $ N / A SUBR WVD ADDL INSD 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. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED? (Mandatory in NH) DESCRIPTION OF OPERATIONS below If yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT EROTH-STATUTEPER LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION $ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCE DAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO-JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIRED AUTOS ONLY 10/5/2021 USI Insurance Services, LLC 8000 Norman Center Drive, Suite 400 Bloomington MN 55437 Tracy Dahmen 952-322-9045 952-945-9793 tracy.dahmen@usi.com Hartford Fire Insurance Company 19682 Twin City Fire Insurance Company 29459Advanced Sports Group, LLC 2105 Barrett Park Dr, Suite 107 Kennesaw GA 30144 Hartford Accident & Indemnity Company 22357 Lexington Insurance Company 19437 Endurance American Specialty Ins Co 41718 1592724770 B X 1,000,000 X 100,000 10,000 1,000,000 2,000,000 X Y Y 41ECSQU3472 7/24/2021 7/24/2022 2,000,000 A 1,000,000 X Y Y 41UENQU3473 7/24/2021 7/24/2022 D E X 10,000,000 X Y 018303358 ELD30011352600 9/22/2021 9/22/2021 Y 7/24/2022 7/24/2022 10,000,000 X 0 C B X N Y 41 WN QU3470 41 WBR QU3471 7/24/2021 7/24/2021 7/24/2022 7/24/2022 1,000,000 1,000,000 1,000,000 A Installation Floater Leased/ Rented Equipment Special Form Y Y Y Y 41UUMID6487 7/24/2021 7/24/2022 $1,000,000 $250,000 Ded: $2,500 Ded: $5,000 THE FOLLOWING ENDORSEMENTS APPLY TO THE NAMES/PROJECTS LISTED BELOW ONLY IF REQUIRED BY WRITTEN CONTRACT OR AGREEMENT: General Liability: Additional Insured including Primary/Noncontributory and Waiver of Subrogation per form HG00010916; Automobile Liability: Additional Insured including Primary/Noncontributory and Waiver of Subrogation per form HA99160312; Workers Compensation: Waiver of Subrogation per form WC000313; City of Milton 2006 Heritage Walk Milton GA 30004 343 Section 12, Item C. “EXHIBIT C” See Exhibits “A” and “B” 344 Section 12, Item C. 345 Section 12, Item C. 346 Section 12, Item C. 347 Section 12, Item C. 348 Section 12, Item C. 349 Section 12, Item C. 350 Section 12, Item C. 351 Section 12, Item C. 352 Section 12, Item C. 353 Section 12, Item C. 354 Section 12, Item C. 355 Section 12, Item C. 356 Section 12, Item C. “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 ______________________________ 357 Section 12, Item C. 358 Section 12, Item C. “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 Advanced Sports Group, 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 Milton Parks & Recreation Cox Road Artificial Field Turfing 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: _______________________________ 359 Section 12, Item C. “EXHIBIT H” See Exhibit “B” 360 Section 12, Item C. “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 361 Section 12, Item C. 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 362 Section 12, Item C. 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 363 Section 12, Item C. 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. 364 Section 12, Item C. “EXHIBIT J” Reserved 365 Section 12, Item C. “EXHIBIT K” The City will be administering the contract Itself 366 Section 12, Item C. “EXHIBIT L” Reserved 367 Section 12, Item C. “EXHIBIT M” Reserved 368 Section 12, Item C. “EXHIBIT N” Reserved 369 Section 12, Item C. CITY COUNCIL AGENDA ITEM TO: City Council DATE: October 12, 2021 FROM: Steven Krokoff, City Manager AGENDA ITEM: Consideration of Stormwater Complaint by Herman Irani Against the City of Milton Related to City of Milton Park Property MEETING DATE: Monday, October 18, 2021 City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: ___ APPROVED ___ NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: ___ YES ___ NO CITY ATTORNEY REVIEW REQUIRED: ___ YES ___ NO APPROVAL BY CITY ATTORNEY ___ APPROVED ___ NOT APPROVED PLACED ON AGENDA FOR: __________ X X X X October 18, 2021 370 Section 12, Item D. KEN E. JARRARD* ANGELA E. DAVIS CHRISTOPHER J. HAMILTON KENNETH P. ROBIN PATRICK D. JAUGSTETTER PAUL B. FRICKEY JEFFREY M. STRICKLAND Limited Liability Partnership 222 Webb Street Cumming, Georgia 30040 TELEPHONE: 678.455.7150 FACSIMILE: 678.455.7149 KJARRARD@JARRARD-DAVIS.COM *Also Admitted in Tennessee Ꞌ Also Admitted in Florida G. AARON MEYER MOLLY N. ESSWEIN PATRICK DOYLE DODSON* MELISSA A. KLATZKOWꞋ KAREN P. PACHUTA KATHLEEN A. TAYLOR DENNIS C. BOST PRIYA M. PATEL September 30, 2021 VIA U.S. MAIL Mr. Craig Long Craig Long, LLC 2450 Atlanta Highway Suite 1904 Cumming, GA 30040 Re: Ante Litem Notice – Herman Irani Craig: The City of Milton is in receipt of the second delivery of the ante litem on behalf of Mr. Irani. As discussed previously, it is the City’s respectful position that it can incur no liability with respect to conditions that exist, or are alleged to exist, on your client’s property related to stormwater runoff. The City’s property is unimproved and in its natural state. It is well established that: ‘Where two city lots adjoin, the lower lot owes a servitude to the higher, so far as to receive the water which naturally runs from it, provided the owner of the latter has done no act to increase such flow by artificial means.’ Goldsmith v. Elsas, May & Co., 53 Ga. 186; Hendrix v. McEachern, 164 Ga. 457(1), 139 S.E. 9. Cox v. Martin, 207 Ga. 442 (1950) That time-honored rule of law remains unabated. Because the City has not improved the parcel adjacent to your client, it remains our position that the City can incur no liability for the natural byproducts of stormwater runoff – assuming those are indeed occurring. Kindest regards. 371 Section 12, Item D. JARRARD & DAVIS, LLP Page 2 of 2 Sincerely, JARRARD & DAVIS, LLP /s/ Ken E. Jarrard KEJ/dkr Cc: Jeffrey Phillips, Gallagher Bassett (via email) Steve Krokoff, City Manager (via email) 372 Section 12, Item D. To: Steven Krokoff, City Manager From: Sara Leaders, PE, Acting Public Works Director Ken Kagy, PE, City Engineer Date: June 7, 2021 Subject: Review of Erosion on Birmingham Park Property _____________________________________________________________________________________ Executive Summary: Birmingham Park is a passive park property in the City of Milton that includes 203.44 Acres. An adjacent property owner at 301 McGarity Road (subject property) has made claims of erosion channels formed by intrusive downflow storm water runoff where the property borders Little River and that this erosion has resulted in lasting and continuing damage because of negligent maintenance of the City property and the river bordering the adjacent property. Public works staff evaluated the erosion complaint through various analysis described in this memo. There was no evidence of negligence or disturbance causing excessive stormwater runoff on the City property. Historical and Current Aerial Imagery: The Birmingham Park property draining to this portion of the Little River was evaluated for new land disturbance or additional impervious surface conditions. The site inspection results displayed no site land disturbance or man-produced site erosion issues. Research of the past 6 years of aerials for this portion of the Little River area was performed for land covered and new impervious surface and is provided in the attachments. This investigation showed the Birmingham Park area increased in vegetative cover with no additional impervious surface added during the last 6 years. The 6 years aerial review discovered new impervious surfaces from a swimming pool (2018) and a new residential home (2017) that were added on the Cherokee County side of the Little River. There were indications of tree reduction with the development of fields/pastures on the Cherokee side of the river. Additional impervious surface and reduced vegetative cover contributes to increased stormwater runoff that can be linked to local erosion issues. These areas are shown in the pictures below. 373 Section 12, Item D. Drainage Area Delineation and Site Inspection: A drainage area delineation map was prepared showing the portion of Birmingham Park property that drains to Little River along the subject property. Once the area was determined, staff conducted a site visit on May 27, 2021 to review this area. This drainage area maps and pictures from the site visit are shown below. As a passive park with natural surface trails, there is limited activity on the Birmingham Park property. There are no marked trails in this drainage area of the park although there are some apparent foot or horse paths. The map of marked trails is shown below. There were no signs of erosion from the trails or condition of the property. 374 Section 12, Item D. 375 Section 12, Item D. Looking south at the mid-point of drainage area Walking path on Milton park property Little River stream bank of subject property Standing on sandbar area looking onto Milton park 376 Section 12, Item D. Stream Conditions: The county line between Fulton and Cherokee is the Little River. From the site inspection, an evaluation of the two county’s boundary established by the Little River was completed for stream’s existing conditions. Single long-lived streams have three basic stages of evolution. Early-stage stream are defined by steep gradients with vertical erosion dominating steam changes. The surrounding landscape of early-stage streams show high hills, deep valleys, and prominent drainage divides. Middle-stage streams are characterized by longer drainage systems with more tributaries, moderate gradients. The lower gradients reduce the vertical erosion while increasing the stream lateral erosion. This creates meandering channels, wider floodplains, and broader flat valleys within otherwise hilly landscapes. Late- stage streams have low gradients and extensively developed meander belts characterized by wide floodplains and extensive systems of ox-bow lakes, and with backed swamps. The overall landscape is fairly flat. The Little River maturity is between a middle-stage and late-stage stream classification. The stream is characterized by wide floodplains, low gradient, and initial river sinuosity (curves), with point bars and cut banks. These types of stream channels migrate laterally across sites with very little vertical downcutting in the stream. These characteristics of the Little River stream are demonstrated in the attached pictures with a sand bar and a stream “cutbank” within the stream’s sinuosity (stream curve from aerial) at the inspection location. 377 Section 12, Item D. Recommendations: The assessment was made of the current erosion conditions of the Birmingham Park property. There are no recommended actions for the Birmingham Park property. 378 Section 12, Item D. 379 Section 12, Item D. 380 Section 12, Item D. 381 Section 12, Item D. CITY COUNCIL AGENDA ITEM TO: City Council DATE: October 12, 2021 FROM: Steven Krokoff, City Manager AGENDA ITEM: Consideration of a Resolution to Extend a Moratorium – for 60 Days - on the Acceptance of Alcohol Applications, Building Permit Applications, and Land Disturbance Permit Applications for Farm Wineries in the City of Milton MEETING DATE: Monday, October 18, 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 October 18, 2021 X 382 Section 12, Item E. To: Honorable Mayor and City Council Members From: Ken Jarrard, City Attorney Date: Submitted on October 13, 2021, for the October 18, 2021 Council Meeting Agenda: Consideration of a Resolution to Extend a Moratorium that was approved on June 21, 2021 – for 60 Days - on the Acceptance of Alcohol Applications, Building Permit Applications, and Land Disturbance Permit Applications for Farm Wineries in the City of Milton. Department Recommendation: The City Attorney recommends approval of the extension of the Moratorium for 60 days. Executive Summary: The City desires to modify the land use code regarding farm wineries to allow time for Staff to draft amendments to its land use code to preserve and maintain the status quo. The Mayor and City Council approved a Moratorium on the acceptance of various types of permits for Farm Wineries which at this time is permitted within the AG-1 Zoning District “by right” on June 21, 2021, for 120 days. Staff is still processing the text amendments and therefore, an extension is required. The Moratorium, as extended by this proposed Resolution, shall terminate on the earliest date of (1) January 19, 2022; (2) approval by the City of Milton of a new or extended moratorium after a public hearing; (3) the adoption of an amendment to the land use code regarding Farm Wineries, as contemplated herein; or (4) action by the City of Milton otherwise terminating the moratorium. Based on the schedule below, this process will be completed at the December 20, 2021, City Council Meeting. Staff has evaluated and gathered input regarding the proposed amendments. These amendments listed below will be processed with the following schedule 383 Section 12, Item E. Page 2 of 2 which is required by the City Zoning Ordinance and Georgia Zoning Procedures Act. RZ21-09 – A text amendment to create a new Use Permit – Farm Wineries (Sec. 64-1845) RZ21-10 – A text amendment to Sec. 64-1121 – “Allowed Use” Chart to amend the Use Chart as it relates to Farm Wineries RZ21-11 – A text amendment to Sec. 64-1 Definitions Schedule of meetings: Community Zoning Information Meeting (CZIM) – Tuesday, October 26, 2021 Planning Commission Meeting – Wednesday, November 17, 2021 Mayor and City Council Meeting – Monday, December 20, 2021 Funding and Fiscal Impact: There are none. Alternatives: The Mayor and City Council may choose not to approve the Resolution Legal Review: Paul Frickey, Jarrard & Davis (October 8, 2021) Concurrent Review: Steve Krokoff, City Manager Attachments: Resolution to Extend a Moratorium that was approved on June 21, 2021 – for 60 Days - on the Acceptance of Alcohol Applications, Building Permit Applications, and Land Disturbance Permit Applications for Farm Wineries in the City of Milton. 384 Section 12, Item E. STATE OF GEORGIA RESOLUTION NO. ___________ COUNTY OF FULTON RESOLUTION OF THE CITY OF MILTON EXTENDING AN EXISTING MORATORIUM ON THE ACCEPTANCE OF ALCOHOL APPLICATIONS, BUILDING PERMIT APPLICATIONS, AND LAND DISTURBANCE PERMIT (LDP) APPLICATIONS FOR FARM WINERIES WHEREAS, the City of Milton, Georgia (“City”) is a duly formed political subdivision of the State of Georgia, with all the powers attendant thereto; WHEREAS, the City desires to modify its land use code regarding farm wineries as a “by right” use; and WHEREAS, the City previously found that instituting and imposing a moratorium on the acceptance of alcohol applications, building permit applications, and LDP applications for Farm Wineries within the City would preserve and maintain the status quo, while allowing the City sufficient time to draft amendments to its land use code regarding farm wineries without such uses otherwise becoming vested while the land use code amendment process occurs; and, WHEREAS, on June 21, 2021, the City adopted a one-hundred twenty (120) day moratorium (ending October 19, 2021) barring the acceptance of alcohol applications, building permit applications, and LDP applications for Farm Wineries within the City of Milton (“Moratorium”); and WHEREAS, the City is still in the process of drafting and considering amendments to its land use code regarding farm wineries; and WHEREAS, the City conducted a public hearing on October 18, 2021 with respect to the possible extension of the Moratorium; and 385 Section 12, Item E. WHEREAS, the City finds that extending the Moratorium described above, until January 19, 2022, to be reasonably necessary, the least restrictive means available, a reasonable exercise of the County's police power, and in the best interests of the public health, safety, and welfare; NOW THEREFORE, BE IT RESOLVED, 1. The City of Milton hereby extends until January 19, 2022, the existing Moratorium barring the acceptance of alcohol applications, building permit applications, and LDP applications for Farm Wineries within the City of Milton; and 2. The Moratorium, as extended by this Resolution, shall terminate on the earliest date of (1) January 19, 2022; (2) approval by the City of Milton of a new or extended moratorium after a public hearing; (3) the adoption of an amendment to the land use code regarding Farm Wineries, as contemplated herein; or (4) action by the City of Milton otherwise terminating the moratorium. SO RESOLVED, the public health, safety and welfare demanding it, this 18th day of October, 2021 Approved: __________________________________ Joe Lockwood, Mayor Attest: [SEAL] ________________________________ City Clerk 386 Section 12, Item E.