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10-17-11 Packet
Page 1 of 4 Milton City Hall City Council Chambers 13000 Deerfield Parkway, Suite E Milton, GA 30004 Persons needing special accommodations in order to participate in any City meeting should call 678-242-2500. CITY OF MILTON, GEORGIA Joe Lockwood, Mayor CITY COUNCIL Karen Thurman Julie Zahner Bailey Bill Lusk Burt Hewitt Joe Longoria Alan Tart Monday, October 17, 2011 Regular Council Meeting Agenda 6:00 PM INVOCATION - Reverend Larry Eubanks CALL TO ORDER 1) ROLL CALL 2) PLEDGE OF ALLEGIANCE (Led by the Mayor) 3) APPROVAL OF MEETING AGENDA (Add or remove items from the agenda) (Agenda Item No. 11- 219) 4) PUBLIC COMMENT 5) CONSENT AGENDA 1. Approval of the September 19, 2011 Regular Council Minutes. (Agenda Item No. 11- 220) (Sudie Gordon, City Clerk) 2. Approval of the October 3, 2011 Regular Council Minutes. (Agenda Item No. 11- 221) (Sudie Gordon, City Clerk) MILTON CITY COUNCIL REGULAR MEETING AGENDA OCTOBER 17, 2011 Page 2 of 4 Milton City Hall City Council Chambers 13000 Deerfield Parkway, Suite E Milton, GA 30004 Persons needing special accommodations in order to participate in any City meeting should call 678-242-2500. 3. Approval of Financial Statements for the Period Ending January, 2011. (Agenda Item No. 11- 222) (Stacey Inglis, Finance Director) 4. Approval of a Professional Services Agreement Between the City of Milton and Brumbelow-Reese & Associates, Inc. for a Right-of-Way Survey at the Intersection of Deerfield Parkway and Morris Road. (Agenda Item No. 11- 223) (Carter Lucas, Public Works Director) 5. Approval of a Construction Services Agreement Between the City of Milton and Hames Residential Properties, LLC (DBA Direct Build) for Various Repairs to the Hopewell House Property. (Agenda Item No. 11- 224) (Carter Lucas, Public Works Director) 6. Approval of a Construction Services Agreement Between the City of Milton and Strickland Pipeline and Construction, Inc. for Construction of Drainage Improvements between Dinsmore Road and Scarlet Oak Trail. (Agenda Item No. 11- 225) (Carter Lucas, Public Works Director) 7. Approval of a Construction Services Agreement Between the City of Milton and Reynolds Inliner, LLC for Hopewell Road Drainage Improvements. (Agenda Item No. 11- 226) (Carter Lucas, Public Works Director) 8. Approval of a Professional Services Agreement Between the City of Milton and Moreland Altobelli Associates, Inc. for Professional Park Planning Services Including Comprehensive Park System Master Plan, Birmingham Park Master Plan Update and Milton Trail Plan Update. (Agenda Item No. 11- 227) (John Rebar, Parks and Recreation Director) 6) REPORTS AND PRESENTATIONS 1. Proclamation Honoring Milton High School’s Top Graduation Test Score (Presented by Mayor Joe Lockwood) 2. Zack and Thomas Eller “Adopt A Shelter Pet” Day Proclamation (Presented by Councilmember Julie Zahner Bailey) 7) FIRST PRESENTATION (None) MILTON CITY COUNCIL REGULAR MEETING AGENDA OCTOBER 17, 2011 Page 3 of 4 Milton City Hall City Council Chambers 13000 Deerfield Parkway, Suite E Milton, GA 30004 Persons needing special accommodations in order to participate in any City meeting should call 678-242-2500. 8) PUBLIC HEARING ALCOHOL BEVERAGE LICENSE APPLICATIONS 1. Approval of the Issuance of an Alcohol Beverage License to Red Sky at Night, d/b/a Zola Italian Bistro located at 2955 Bethany Bend, Suites 300 & 400, Milton, Georgia 30004. The Applicant is John E. Schiveree for Consumption on Premises - Wine, Malt Beverages & Distilled Spirits. (Agenda Item No. 11- 228) (Stacey Inglis, Finance Director) 2. Approval of the Issuance of an Alcohol Beverage License to El Molcajete Mexican Restaurant, Inc. located at 14155 Highway 9, Suite 500, Milton, Georgia 30004. The Applicant is Miguel Garcia for Consumption on Premises – Wine, Malt Beverages & Distilled Spirits. (Agenda Item No. 11- 229) (Stacey Inglis, Finance Director) 9) ZONING AGENDA 1. RZ11-16 – Approval of An Ordinance to Amend Section Chapter 64, Article XVIII, of The City Of Milton Zoning Ordinance (Chapter 64 of The City Code of Ordinances) to Amend The Historic Preservation Commission Ordinance. (Agenda Item No. 11- 215) (First Presentation at October 3, 2011 Regular Council Meeting) (Discussed at October10, 2011 Work Session) (Kathleen Field, Community Development Director) 10) UNFINISHED BUSINESS (None) 11) NEW BUSINESS 1. Approval of A Grant Application to the Department of Homeland Security for the Assistance to Firefighters Grant Program Sponsored by FEMA for the Purchase of Fitness Equipment for the Fire Stations to Support Our Wellness Initiative. (Agenda Item No. 11- 230) (Matt Marietta, Fire Marshal) 2. Approval of A Grant Application to the Department of Homeland Security for the Assistance to Firefighters Grant Program Sponsored by FEMA for the Purchase of a Multi-Purpose Pumper-Rescue. (Agenda Item No. 11- 231) (Matt Marietta, Fire Marshal) MILTON CITY COUNCIL REGULAR MEETING AGENDA OCTOBER 17, 2011 Page 4 of 4 Milton City Hall City Council Chambers 13000 Deerfield Parkway, Suite E Milton, GA 30004 Persons needing special accommodations in order to participate in any City meeting should call 678-242-2500. 12) MAYOR AND COUNCIL REPORTS 13) STAFF REPORTS 14) EXECUTIVE SESSION (if needed) 15) ADJOURNMENT (Agenda Item No. 11-232) The minutes will be Provided electronically City of Milton 13000 Deerfield Parkway Suite 107G Milton, Georgia 30004 To: Honorable Mayor and City Council Members From: Stacey Inglis, Finance Director Date: October 17, 2011 City Council Meeting Agenda Item: Financial Status Report for Period 4 – January 2011 OVERVIEW and FINANCIAL HIGHLIGHTS: General Fund Revenue collections for the General Fund are 8.7% higher than anticipated for the fourth period of the fiscal year. This is due mainly to the prior year property tax collections being well above what is expected for January. Total expenditures to‐date are $4,569,072 and are 6.4% less than expected for this period of the fiscal year. Capital Project Fund Expenditures within this fund continue to occur on a project‐by‐project basis. With a total project expenditure budget of $9,540,001, capital expenditures‐to‐date total $1,175,836. FINANCIAL OPERATIONS: Tree Replacement Fund: Balance: $12,625 Sidewalk Replacement Fund: Balance: $80,308 1 of 9 City of Milton STATEMENT OF REVENUES & EXPENDITURES General Fund For the Period Ending January 2011 Actual Budgeted Variance over/(under)Actual Budgeted Variance over/(under) Property Tax 8,607,691 127,013 202,200 (75,187) 1,055,841 922,200 133,641 Motor Vehicle Tax 450,000 38,795 37,500 1,295 132,119 112,500 19,619 Intangible Tax 160,000 23,608 13,333 10,275 57,956 40,000 17,956 Real Estate Transfer Tax 37,000 3,288 3,083 205 9,064 9,250 (186) Franchise Fees 1,700,000 293,492 289,000 4,492 293,492 289,000 4,492 Local Option Sales Tax 3,540,000 375,463 295,000 80,463 907,421 796,500 110,921 Alcohol Beverage Excise Tax 280,000 26,846 23,333 3,513 71,245 70,000 1,245 Business & Occupation Tax 550,000 44,020 45,833 (1,813) 46,632 45,833 798 Insurance Premium Tax 850,000 - - - - - - Financial Institution Tax 26,000 - - - - - - Penalties & Interest 59,000 7,156 5,767 1,390 16,793 17,467 (674) Alcohol Beverage Licenses 150,000 35,200 30,000 5,200 124,350 120,000 4,350 Other Non-Business Permits/Licenses 15,750 960 1,313 (353) 2,946 5,250 (2,304) Zoning & Land Disturbance Permits 23,000 360 1,917 (1,557) 3,185 7,667 (4,482) Building Permits 75,000 12,050 6,250 5,800 43,408 25,000 18,408 Intergovernmental Revenue - - - - - - - Other Charges for Service 318,000 22,631 22,750 (119) 77,832 106,000 (28,168) Municipal Court Fines 502,500 29,659 41,875 (12,216) 124,295 167,500 (43,205) Interest Earnings 15,000 2,225 1,250 975 12,244 5,000 7,244 Contributions & Donations - - - - - - - Other Revenue 37,802 0 - 0 39,299 37,802 1,497 Other Financing Sources - - - - - - - Total Revenue 17,396,743 1,042,767 1,020,404 22,362 3,018,121 2,776,969 241,152 Actual Budgeted Variance over/(under)Actual Budgeted Variance over/(under) Mayor and Council 166,912 9,587 11,889 (2,302) 53,748 57,948 (4,200) Clerk of the Council 224,741 14,392 17,567 (3,175) 68,942 74,449 (5,507) City Manager 297,343 20,484 22,645 (2,162) 89,310 96,243 (6,933) General Administration 548,694 42,750 45,725 (2,975) 205,592 182,898 22,694 Finance 517,011 31,001 49,007 (18,006) 154,815 152,196 2,620 Legal 240,000 18,178 20,000 (1,822) 28,871 40,000 (11,129) Information Technology 525,571 19,560 39,280 (19,720) 164,905 194,750 (29,844) Human Resources 238 606 16 275 18 586 (2 311)70 854 78 924 (8 070) Revenue Annual Budget Current Month Year-to-Date Operating Expenditures Annual Budget Current Month Year-to-Date Human Resources 238,606 16,275 18,586 (2,311) 70,854 78,924 (8,070) Risk Management 175,621 13,638 14,635 (997) 54,924 58,540 (3,616) General Government Buildings - - - - 18,875 - 18,875 Public Information & Marketing 85,371 5,586 6,273 (687) 25,874 28,264 (2,390) Municipal Court 226,604 15,778 16,948 (1,170) 70,926 73,853 (2,927) Police 2,524,380 189,923 196,870 (6,947) 779,613 836,062 (56,448) Fire 4,196,653 312,719 327,271 (14,552) 1,398,243 1,389,904 8,339 EMS Operations 136,881 11,021 11,407 (386) 44,083 45,627 (1,544) Public Works 1,513,980 128,576 123,350 5,226 308,450 503,534 (195,084) Parks & Recreation 357,374 20,853 28,540 (7,688) 72,197 118,628 (46,431) Community Development 652,724 53,624 50,484 3,140 227,231 216,011 11,220 Debt Service - Capital Lease Payment 716,543 716,541 716,543 (2) 716,541 716,543 (2) Operating Transfers to Other Funds 3,918,284 - - - 15,076 15,668 (592) Operating Reserve 133,450 - - - - - - Total expenditures 17,396,743 1,640,484 1,717,020 (76,536) 4,569,072 4,880,042 (310,970) Net Income/(Loss)(597,717)(1,550,951) 2 of 9 Original Budgeted Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES Milton Roundup Vendor Fee -$ -$ 1,050$ 1,050$ Milton Roundup Sponsor 10,000 - 2,000 (8,000) Contributions & Donations 2,000 - - (2,000) Interest Revenues - - - - T-shirt Sales 500 - 126 (374) Mayor's Run 2,000 441 441 (1,559) Total revenues 14,500$ 441$ 3,617$ (10,883)$ EXPENDITURES Current: Special Events 49,500$ -$ 21,020$ 28,480$ Total Expenditures 49,500$ -$ 21,020$ 28,480$ OTHER FINANCING SOURCES (USES) Transfers in from Hotel/Motel Tax Fund 35,000$ 6,890$ 10,506$ (24,494)$ Total other financing sources and uses 35,000$ 6,890$ 10,506$ (24,494)$ Net change in fund balances -$ (6,896)$ Fund balances - beginning 44,203 Fund balances - ending -$ 37,307$ City of Milton Special Events Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended January 31, 2011 3 of 9 Original Budgeted Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES Cash Confiscations -$ -$ -$ -$ Interest Revenues - 2 17 17 Budgeted Fund Balance 2,800 - - (2,800) Total revenues 2,800$ 2$ 17$ (2,783)$ EXPENDITURES Current: Police 2,800$ -$ -$ 2,800$ Total Expenditures 2,800$ -$ -$ 2,800$ OTHER FINANCING SOURCES (USES) Transfers in from General Fund -$ -$ -$ -$ Total other financing sources and uses -$ -$ -$ -$ Net change in fund balances -$ 17$ Fund balances - beginning - 7,520 Fund balances - ending -$ 7,537$ City of Milton Confiscated Assets Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended January 31, 2011 4 of 9 Original Budgeted Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES Wireless 911 Fees 700,000$ 121,742$ 193,844$ (506,156)$ Total revenues 700,000$ 121,742$ 193,844$ (506,156)$ EXPENDITURES Current: Public Safety 627,787$ 147,187$ 277,988$ 349,799$ Total Expenditures 627,787$ 147,187$ 277,988$ 349,799$ OTHER FINANCING USES Unallocated 72,213$ -$ -$ (72,213)$ Total other financing sources and uses 72,213$ -$ -$ (72,213)$ Net change in fund balances -$ (84,143)$ Fund balances - beginning - 340,333 Fund balances - ending -$ 256,190$ City of Milton E-911 Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended January 31, 2011 5 of 9 Original Budgeted Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES Intergovernmental Revenues SAFER Grant 50,032$ 15,076$ 15,076$ (34,956)$ Total revenues 50,032$ 15,076$ 15,076$ (34,956)$ EXPENDITURES Current: General Administration 3,350$ -$ -$ 3,350 Fire 128,153 - 30,152 98,001 Public Works - - - - Community Development - - - - Total Expenditures 131,503$ -$ 30,152$ 101,351$ Excess of revenues over expenditures (81,471) 15,076 (15,076) 66,395 OTHER FINANCING SOURCES (USES) Transfers in from General Fund 81,471$ -$ 15,076$ (66,395)$ Total other financing sources and uses 81,471$ -$ 15,076$ (66,395)$ Net change in fund balances - - Fund balances - beginning 3,423 Fund balances - ending -$ 3,423$ City of Milton Operating Grant Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended January 31, 2011 6 of 9 Original Budgeted Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES Taxes Hotel/Motel Taxes 35,000$ 6,890$ 10,506$ (24,494)$ Total revenues 35,000$ 6,890$ 10,506$ (24,494)$ OTHER FINANCING SOURCES/(USES) Transfers out to General Fund -$ -$ -$ -$ Transfers out to Special Events Fund 35,000 6,890 10,506 45,506 Total other financing sources and uses 35,000$ 6,890$ 10,506$ 45,506$ Net change in fund balances - - Fund balances - beginning - - Fund balances - ending -$ -$ City of Milton Hotel/Motel Tax Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended January 31, 2011 7 of 9 Original Budgeted Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES Charges for Service Infrastructure Maintenance Fee 65,000$ 12,151$ 12,335$ (52,665)$ Landfill Host Fees 155,000 18,026 18,026 (136,974) Tree Recompense 12,625 - - (12,625) HYA Fees 20,000 - - (20,000) Interest Revenue 2,000 - - (2,000) Realized Gain or Loss on Investments 2,000 - - (2,000) Sidewalk Replacement Account 70,558 - 9,750 (60,808) Total revenues 327,183 30,176$ 40,110$ (287,073)$ EXPENDITURES Capital Outlay City Council 425,000$ -$ 68,900$ 356,100$ General Admin 15,000 - - 15,000 Finance 44,475 9,487 10,334 34,141 IT 46,000 - 21,330 24,670 Police 212,613 1,200 22,660 189,953 Fire 463,688 29,380 74,544 389,144 Public Works 6,136,118 31,241 921,528 5,214,590 Parks & Recreation 1,857,798 2,999 55,987 1,801,811 Community Development 339,309 - 553 338,757 City of Milton Capital Project Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended January 31, 2011 Total Capital Outlay 9,540,001$ 74,306$ 1,175,836$ 8,364,165$ Excess of revenues over expenditures (9,212,818) (44,130) (1,135,725) (8,651,238) OTHER FINANCING SOURCES/(USES) Transfers in from General Fund 3,598,573$ -$ -$ (3,598,573)$ Unallocated (98,933) - - 98,933 Budgeted Fund Balance 5,713,178 - - (5,713,178) Total other financing sources and uses 9,212,818 - - (9,212,818) Net change in fund balances - (1,135,725) Fund balances - beginning 5,940,006 Fund balances - ending -$ 4,804,281$ 8 of 9 Original Budgeted Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES Intergovernmental Revenues GDOT HPP Funds 3,365,794$ -$ -$ (3,365,794)$ LCI Funds 100,000 - - (100,000) GA Urban Forestry Grant 20,000 - - (20,000) MARTA Grant 613,000 - 100,000 (513,000) Interest Revenues - - - - Total revenues 4,098,794$ -$ 100,000$ (3,998,794)$ EXPENDITURES Capital Outlay Public Works 4,473,608$ 7,256$ 316,269$ 4,157,339$ Community Development 150,000 - - 150,000 Total Capital Outlay 4,623,608$ 7,256$ 316,269$ 4,307,339$ Excess of revenues over expenditures (524,814) (7,256) (216,269) 308,545 OTHER FINANCING SOURCES (USES) Transfers in from General Fund 238,240$ -$ -$ (238,240)$ Budgeted Fund Balance 286,574 - - (286,574)$ Total other financing sources and uses 524,814$ -$ -$ (524,814)$ Net change in fund balances - (216,269) Fund balances - beginning 880,161 Fund balances - ending -$ 663,892$ City of Milton Capital Grant Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended January 31, 2011 9 of 9 City of Milton 13000 Deerfield Parkway Suite 107C Milton, Georgia 30004 To: Honorable Mayor and City Council Members From: Carter Lucas, PE – Public Works Director Date: October 3, 2011 for the October 17, 2011 Council Meeting Agenda Item: Approval of a Professional Services Agreement Between the City of Milton and Brumbelow-Reese & Associates, Inc. for a Right-of-Way Survey at the Intersection of Deerfield Parkway and Morris Road Background: The city was approached by the local business community regarding the intersection of Deerfield Parkway and Morris Road to discuss potential intersection improvements at that location. Discussion: The intersection of Deerfield Parkway and Morris Road is a large intersection that is currently controlled by a stop sign on Morris Road and the side street leading to the adjacent office building. During the afternoon rush hour Morris Road has a significant number of left turning vehicles that creates a delay in that movement due to the volume of traffic on Deerfield Parkway. The city was approached by the local businesses to see if there were any intersection improvements that could be made to help facilitate the flow of traffic at this intersection in a safe and effective manner. In order to fully evaluate any potential improvements at this location a survey of the intersection is required. In accordance with the standard city purchasing policy three bids were received for this project and Brumbelow-Reese & Associates, Inc. was the lowest, responsive bid. Staff is recommending approval of the professional services contract with Brumbelow-Reese & Associates, Inc. in the amount of $3,500. Legal Review: Paul Higbee, Jarrard & Davis on 9/16/2011 Attachments: 1. Professional Services Agreement 1 SERVICES AGREEMENT – SHORT FORM AGREEMENTS $10,000.00 OR LESS Deerfield Parkway at Morris Road Intersection Survey This Services Agreement (the “Agreement”) is made and entered into this ____ day of _________, 2011, by and between the CITY OF MILTON, GEORGIA (hereinafter referred to as the “City”), and Brumbelow-Reese & Associates, Inc. (hereinafter referred to as the “Contractor”). WITNESSETH THAT: WHEREAS, the City desires to employ a contractor to perform the services described herein (the “Work”); and WHEREAS, Contractor has familiarized itself with the Contract Documents, as defined below, the Work, and with all local conditions and applicable federal, state and local laws, ordinances, rules and regulations. NOW THEREFORE, the City and Contractor, in consideration of the mutual promises contained herein and other good and valuable consideration, the sufficiency of which is hereby acknowledged, agree as follows: Section 1. Contract Documents: This Agreement and the following named Exhibits, attached hereto and incorporated herein by reference, constitute the “Contract Documents”: EXHIBIT A WORK DESCRIPTION EXHIBIT B INSURANCE CERTIFICATE To the extent that there may be any conflict among the Contract Documents, the provision operating most to the benefit of the City shall govern. Section 2. The Work: Contractor shall provide all Work described in the Contract Documents. Unless otherwise stated in the Contract Documents, the Work shall include Contractor’s provision of materials, labor, expenses, and any other cost or item necessary to complete the Work, which is generally described as a survey of the intersection of Morris Road and Deerfield Parkway in Milton, Georgia and as described in Exhibit A. Section 3. Contract Time: Contractor understands that time is of the essence of this Agreement and warrants that it will perform the Work in a prompt manner, which shall not impose delays on the progress of the Work. It shall commence Work pursuant to this Agreement on or before a date to be specified on a written “Notice to Proceed” from the City, and shall fully complete the Work within 14 calendar days of the “Notice to Proceed”. Section 4. Work Changes: Any changes to the Work requiring an increase in the Contract Price, as defined below, shall require a written change order executed by the City in accordance with its purchasing regulations. Section 5. Compensation and Method of Payment: City agrees to pay Contractor for the services performed and costs incurred by Contractor upon the City’s certification that the services were actually performed and costs actually incurred in accordance with this Agreement. Compensation for services performed and, if applicable, reimbursement for costs incurred shall be paid to Contractor upon the City’s receipt and approval of an invoice, submitted upon completion of the Work, setting forth in detail the services performed and costs incurred. Invoices shall reflect charges incurred versus charges budgeted. The total amount paid under this Agreement for the Work shall not, in any case, exceed $3,500 (the “Contract Price”), except as outlined in Section 4 above. Contractor shall take no calculated risk in the performance of the Work. Specifically, Contractor agrees that in the event it cannot perform the Work within the budgetary limitations established without disregarding sound principles of Contractor’s industry, Contractor will give written notice thereof immediately to the City. Section 6. Covenants of Contractor A. Assignment of Agreement: Contractor covenants and agrees not to assign or transfer any interest in, nor 2 delegate any duties of this Agreement, without the prior express written consent of the City. B. Responsibility of Contractor and Indemnification of City: Contractor covenants and agrees to take and assume all responsibility for the services rendered in connection with the Work. Contractor shall bear all losses and damages directly or indirectly resulting to it on account of the performance or character of the services rendered pursuant to this Agreement. Contractor shall defend, indemnify and hold harmless the City, its officers, boards, commissions, elected and appointed officials, employees and agents from and against any and all claims, suits, actions, liability, judgments, damages, losses, and expenses, including but not limited to, attorney’s fees, which may be the result of willful, negligent or tortious conduct arising out of the Work, performance of contracted services, or operations by Contractor, any subcontractor, anyone directly or indirectly employed by Contractor or subcontractor or anyone for whose acts Contractor or subcontractor may be liable, regardless of whether or not the negligent act is caused in part by a party indemnified hereunder. This obligation to indemnify and defend the City, its members, officers, agents, employees and volunteers shall survive termination of this Agreement. Contractor shall not be required to indemnify the City or its officers, boards, commissions, elected or appointed officials, employees or agents against liability or claims for damages, losses, or expenses, including attorney fees, arising out of bodily injury to persons, death, or damage to property caused by or resulting from the sole negligence of the City or its officers, boards, commissions, elected or appointed officials, employees or agents. C. Independent Contractor: Contractor hereby covenants and declares that it is engaged in an independent business and agrees to perform the Work as an independent contractor, not as agent or employee of City. Inasmuch as City and Contractor are contractors independent of one another, 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 by both parties. Contractor agrees not to represent itself as City’s agent for any purpose to any party or to allow any employee to do so, unless specifically authorized, in advance and in writing, and then only for the limited purpose stated in such authorization. Contractor shall assume full liability for any contracts or agreements Contractor enters into on behalf of City without the express knowledge and prior written consent of City. D. Insurance: Contractor shall have and maintain in full force and effect for the duration of this Agreement, insurance approved by the City as shown on Exhibit B. E. Licenses, Certifications and Permits: Contractor covenants and declares that it has obtained and will maintain all diplomas, certificates, licenses, permits or the like required by any national, state, regional, City, and local boards, agencies, commissions, committees or other regulatory bodies to perform the Work. Contractor shall comply with applicable legal requirements and meet the standard of quality ordinarily expected of its industry. F. Ownership of Work: All reports, drawings, specifications, and other items prepared or in the process of being prepared for the Work by Contractor (“materials”) shall be the property of the City and the City shall be entitled to full access and copies of all materials. All copyrightable subject matter in all materials is hereby assigned to the City and Contractor agrees to execute any additional documents necessary to evidence such assignment. G. Contractor’s Representative: Scott Reese shall be authorized to act on Contractor’s behalf with respect to the Work as Contractor’s designated representative. H. 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, consultants, and/or staff to likewise protect such confidential information. I. Meetings: Contractor shall meet with City’s personnel or designated representatives to resolve technical or contractual problems that may occur during the term of the contract, at no additional cost to City. Section 7. Warranty: Contractor shall repair all defects in materials, equipment, or workmanship appearing within one year from the date of completion of the Work at no additional cost to the City. Section 8. Termination: The City may terminate this Agreement for convenience at any time upon written 3 notice to Contractor. Provided that no damages are due to the City for Contractor’s breach of this Agreement, the City shall pay Contractor for Work performed to date in accordance with Section 5 herein. Section 9. Miscellaneous A. Governing Law. This Agreement shall be governed by the laws of the State of Georgia. B. 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. C. 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. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed under seal as of the date first above written. Brumbelow-Reese & Associates, Inc. Signature: _______________________________ Printed Name: _______________________________ Title: ___________________________ [AFFIX CORPORATE SEAL] CITY OF MILTON, GEORGIA _______________________________ Joe Lockwood, Mayor 4 Exhibit A Scope of Services for Right-of-Way Survey for Intersection Improvements at Deerfield Parkway and Morris Road The City of Milton is looking for firms interested in providing surveying services for proposed intersection improvements at the intersection of Deerfield Parkway and Morris Road. If your firm is interested, please provide a written bid to Carter Lucas via email (carter.lucas@cityofmiltonga.us) by Thursday, September 15, 2011 at 5 PM. The project involves providing a field run survey to facilitate the evaluation intersection improvements at Deerfield Parkway and Morris Road. All information will be collected by a field run survey and shall be sufficient to describe approximately 400 feet of right-of-way (measured from the center of the intersection) along all legs of Deerfield Parkway and Morris Road and to the end of the entrance drive to the office building on the west approach (approx. 160 feet). The project limits will be considered to be the entire width of the right-of-way. The survey shall include, at a minimum, the following information: a. Right-of-way location, b. All improvements within the project limits, including, but not limited to edge of pavement, utilities, sidewalk, drainage structures, curb and gutter, etc…., c. All drainage structures within the project limits. At a minimum identify the pipe size, pipe material, upstream and downstream inverts, end treatments (end of pipe, headwall, etc…). d. Adjacent property owners and property boundary locations, e. The character and location of all walls, fences, buildings, poles, and other visible improvements within the project or within twenty-five feet of the project, f. Driveways, alleys or other means of access on or crossing the project or within twenty-five feet of the project, g. Substantial, visible improvements (in addition to buildings) such as billboards, signs, parking structures, swimming pools, etc..., h. Topographic survey with a minimum of 2 foot topographic contour intervals. Contours shall extend a minimum of twenty-five feet beyond the project limits, i. Provide spot elevations at all critical points such as drainage breaks, high points, low points, edge of pavement etc…, j. Location and type of all overhead and underground utilities within the project limits which may include, but not be limited to, all manholes, catch basins, valve vaults or other surface indications of subterranean uses. Because of the limited time frame involved in preparing this survey identify all utilities possible and qualify the survey as necessary. 5 k. Ponds, lakes, springs, defined drainage channels or rivers bordering, running through or within twenty-five feet of the premises being surveyed shall be shown, l. The location of any specimen tree within 100 feet of the project limits. Specimen trees will include any beech or magnolia or walnut tree 24” dbh or greater, any other hardwood or pine 27”dbh or greater and any dogwood, redbud or sourwood 8” dbh or greater. Call out tree type, size and show location. Provide digital files of survey (DGN or DWG format tied to state plane coordinates and including Benchmark data and datum information) and 3 hard copies of survey signed and sealed by a professional land surveyor licensed and qualified to do business in the State of Georgia. No right of way plats, staking of centerline or right of way easement staking are included in this proposal. It is anticipated that a Notice to Proceed will be issued on, or about, September 19, 2011 and all survey work shall be complete and product delivered to the city no later than September 30, 2011. 6 Exhibit B Insurance Certificate City of Milton 13000 Deerfield Parkway Suite 107C Milton, Georgia 30004 To: Honorable Mayor and City Council Members From: Carter Lucas, PE – Public Works Director Date: October 3, 2011 for the October 17, 2011 Council Meeting Agenda Item: Approval of a Construction Services Agreement Between the City of Milton and Hames Residential Properties, LLC (DBA Direct Build) for Various Repairs to the Hopewell House Property Background: The city purchased the property at 15690 Hopewell Road. This contract provides for general maintenance to the house to keep it in good repair. Discussion: This contract is for general repairs and maintenance to the property to keep the structure in good repair. Activities include, pressure washing and painting the structure, replacement of rotting siding, replacement of broken doors and windows, etc… In accordance with the standard city purchasing policy three bids were received for this project and Hames Residential Properties, LLC was the lowest, responsive bid. Staff is recommending approval of the construction services contract with Hames Residential Properties in the amount of $8,742.83. Legal Review: Paul Higbee, Jarrard & Davis on 9/16/2011 Attachments: 1. Construction Services Agreement n %rcity of Milton CONSTRUCTION SERVICES AGREEMENT — SHORT FORM AGREEMENTS $10,000.00 OR LESS Hopewell House Repairs This Services Agreement (the "Agreement") is made and entered into this day of September, 2011, by and between the CITY OF MILTON, GEORGIA (hereinafter referred to as the "City"), and Hames Residential Properties, LLC (DBA Direct Build) (hereinafter referred to as the "Contractor"). WITNESSETH THAT: WHEREAS, the City desires to employ a contractor to perform the services described herein (the "Work"); and WHEREAS, Contractor has familiarized itself with the Contract Documents, as defined below, the Work, and with all local conditions and applicable federal, state and local laws, ordinances, rules and regulations. NOW THEREFORE, the City and Contractor, in consideration of the mutual promises contained herein and other good and valuable consideration, the sufficiency of which is hereby acknowledged, agree as follows: Section 1. Contract Documents: This Agreement and the following named Exhibits, attached hereto and incorporated herein by reference, constitute the "Contract Documents": EXHIBIT A WORK DESCRIPTION; EXHIBIT B INSURANCE; EXHIBrf C CONTRACTOR AFFIDAVIT AND AGREEMENT; AND EXHIBIT D SUBCONTRACTOR AFFIDAVIT. To the extent that there may be any conflict among the Contract Documents, the provision operating most to the benefit of the City shall govern. Section 2. The Work: Contractor shall provide all Work described in the Contract Documents. In the event of any discrepancy among the Contract Documents, the provision operating most to the benefit of the City, as determined by the City in its sole discretion, shall govern. Unless otherwise stated in the Contract Documents, the Work shall include Contractor's provision of materials, labor, expenses, and any other cost or item necessary to complete the Work, which is generally described as exterior restoration work at 15690 Hopewell Road and as more particularly described in Exhibit A. Section 3. Contract Time: Contractor understands that time is of the essence of this Agreement and warrants that it will perform the Work in a prompt manner, which shall not impose delays on the progress of the Work. It shall commence Work pursuant to this Agreement on or before a date to be specified on a written "Notice to Proceed" from the City, and shall fully complete the Work within 30 days of the "Notice to Proceed". Section 4. Work Changes: Any changes to the Work requiring an increase in the Contract Price, as defined below, shall require a written change order executed by the City in accordance with its purchasing regulations. Section 5. Compensation and Method of Payment: City agrees to pay Contractor for the services performed and costs incurred by Contractor upon the City's certification that the services were actually performed and costs actually incurred in accordance with this Agreement. Compensation for services performed and, if applicable, reimbursement for costs incurred shall be paid to Contractor upon the City's receipt and approval of an invoice, submitted upon completion of the Work, setting forth in detail the services performed and costs incurred. Invoices shall reflect charges incurred versus charges budgeted. The total amount paid under this Agreement for the Work shall not, in any case, exceed $8,742.83 (the "Contract Price"), except as outlined in Section 4 above. Contractor shall take no calculated risk in the performance of the Work. Specifically, Contractor agrees that in the event it cannot perform the Work within the budgetary limitations established without disregarding sound principles of Contractor's industry, Contractor will give written notice thereof immediately to the City. Section 6. Covenants of Contractor A. Assignment of Agreement: Contractor covenants and agrees not to assign or transfer any interest in, nor delegate any duties of this Agreement, without the prior express written consent of the City. B. Responsibility of Contractor and Indemnification of City: Contractor covenants and agrees to take and assume all responsibility for the services rendered in connection with the Work. Contractor shall bear all losses and damages directly or indirectly resulting to it on account of the performance or character of the services rendered pursuant to this Agreement. Contractor shall defend, indemnify and hold harmless the City, its officers, boards, commissions, elected and appointed officials, employees and agents from and against any and all claims, suits, actions, liability, judgments, damages, losses, and expenses, including but not limited to, attorney's fees, which may be the result of willful, negligent or tortious conduct arising out of the Work, performance of contracted services, or operations by Contractor, any subcontractor, anyone directly or indirectly employed by Contractor or subcontractor or anyone for whose acts Contractor or subcontractor may be liable, regardless of whether or not the negligent act is caused in part by a party indemnified hereunder. Contractor shall not be required to indemnify the City or its officers, boards, commissions, elected or appointed officials, employees or agents against liability or claims for damages, losses, or expenses, including attorney fees, arising out of bodily injury to persons, death, or damage to property caused by or resulting from the sole negligence of the City or its officers, boards, commissions, elected or appointed officials, employees or agents. C. Independent Contractor: Contractor hereby covenants and declares that it is engaged in an independent business and agrees to perform the Work as an independent contractor, not as agent or employee of City. Inasmuch as City and Contractor are contractors independent of one another, 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 by both parties. Contractor agrees not to represent itself as City's agent for any purpose to any party or to allow any employee to do so, unless specifically authorized, in advance and in writing, and then only for the limited purpose stated in such authorization. Contractor shall assume full liability for any contracts or agreements Contractor enters into on behalf of City without the express knowledge and prior written consent of City. D. Insurance: Contractor shall have and maintain in full force and effect for the duration of this Agreement, insurance approved by the City as shown on Exhibit B. E. Licenses. Certifications and Permits: Contractor covenants and declares that it has obtained and will maintain all diplomas, certificates, licenses, permits or the like required by any national, state, regional, City, and local boards, agencies, commissions, committees or other regulatory bodies to perform the Work. Contractor shall comply with applicable legal requirements and meet the standard of quality ordinarily expected of its industry. F. Ownership of Work: All reports, drawings, specifications, and other items prepared or in the process of being prepared for the Work by Contractor ("materials") shall be the property of the City and the City shall be entitled to full access and copies of all materials. All copyrightable subject matter in all materials is hereby assigned to the City and Contractor agrees to execute any additional documents necessary to evidence such assignment. G. Contractor's Representative: shall be authorized to act on Contractor's behalf with respect to the Work as Contractor's designated representative. H. 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, consultants, and/or staff to likewise protect such confidential information. I. Meetines: Contractor shall meet with City's personnel or designated representatives to resolve technical or contractual problems that may occur during the term of the contract, at no additional cost to City. Section 7. Warranty: Contractor shall repair all defects in materials, equipment, or workmanship appearing within five years from the date of completion of the Work at no additional cost to the City. Section 8. Termination: The City may terminate this Agreement for convenience at any time upon written notice to Contractor. Provided that no damages are due to the City for Contractor's breach of this Agreement, the City shall pay Contractor for Work performed to date in accordance with Section 5 herein. Section 9. Miscellaneous A. Governing Law. This Agreement shall be governed by the laws of the State of Georgia. B. 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. C. 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. D. E -Verification. Contractor shall provide evidence on the forms attached hereto as Exhibits "C" and "D" that it and Contractor's subcontractors conduct verification of employees as required by O.C.G.A. § 13-10-91 and related rules promulgated by the Georgia Department of Labor or the Georgia Department of Transportation. The City Manager or his/her designee shall be authorized to conduct inspections of the Contractor's and Contractor's subcontractors' verification process to determine that the verification was correct and complete. Compliance with the requirements of O.C.G.A. § 13-10-91 and related rules promulgated by the Georgia Department of Labor or the Georgia Department of Transportation, as applicable, is mandatory. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed under seal as of the date first above written. 1 [Hames Residenfial Contr rs, Signature: ki Title: 1"'Ovh� kzkVt i [AFFIX CORPORATE SEAL] CITY OF MILTON, GEORGIA Joe Lockwood, Mayor Printed Name: 1ZG `2 tLT A rVI El EXHIBIT "A" Scope of Work Prepared an 8/9/2011 Direct Build 8735 Card rerryorn,e.Jonrrscreek,G.30022 WWW.DIRECT-BUILD.NET (o'nOA42-1002 (f)770a420054 Work Order 1 Specifications Quote # City of Milton-o1B Rep I Es/ RSIRS/PK KJ RandySthwarb, 4044242970 DIr City of Milton Date: 8/8/2611 ruart4er o°wJOB: Carriage House Repairs 15690 Hopewell Road Milton Ga reddvus Alto. Roddy Motes 678-242-2563 F 678-242-2499 This quote is proposed based upon work requested by the purchaser. The pricing is good for a 30 day period, and amounts shall be paid as listed. Thank you for the opportunity to serve you. Amount Building Permit Apply for and attain building permit for project TBD includes permitfoes and drawings as needed per local issuing authority Note: building permit is homeowner optional Demo / Haul Off / Cleanup cleaning 8 work prep to be done throughout project with a final clean all dump fees included for hauled off materialsldebris 374.85 N, 1 of 3 5 Prepared on 8/9/2011 Exterior Supply Labor and Material to Complete the Following Replace one Bottom Sash of 26 x 5.6 Cottage style SSB Window 3,539.03 (Recommend changing both upper and lower sash together with dual pane glass and SOL similar to other window replacements Single Sash Replacement will not seal as well) Remove and replace 2 Window Sill Nosings using Composite Material Remove and replace up to 161ft of Donner Fascia Board Remove and Replace one 60"x 50" Dual Pane Tempered SOL Fixed Glass wdw Remove and Replace one 3A 4 Panel Wood Exterior Door Unit Repair Small 24" Roof Eyebrow with Metal Remove and replace up to 48 Ift (3Pcs) of Pine Lap Siding Remove and replace 2 Vertical Batten Strips up to 16 Ift total Painting Power Wash Entire House Scrape Loose Paint 4,828.95 Reglaze with compound SSB Window mulls as needed Prime all raw wood with oil base primer Paint Exterior with Porter High Hide Finish Unpainted Exterior doors with Teake Oil Page 2 of 3 0 Prepared m 8{4(2011 Notes; This job includes all material and labor Workmanship warranty guaranteed by Direct Build licensed contractors S Year guarantee on the completed work; repair free of charge during this period due to failure of workmanship Total 1.) Job Mobilization 200/6 2.) Repairs Complete 4010 3.) Completion of Job- 40% The completion draw is to be paid upon job completion. Payment for completed draws must be paid prior to commencement of future work. Signature Is required prior to mobilization of job. City of Milian Page 3 of 3 Oat. 8 742.83 EXHIBIT "B" Insurance Certificate STATE OF GEORGIA CITY OF MILTON EXHIBIT "C" 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 contracting with the City of Milton has registered with and is participating in a federal work authorization program, in accordance with the applicability provisions and deadlines established in O.C.G.A. § 13-10-91. The undersigned further agrees that, should it employ or contract with any subcontractor(s) in connection with the physical performance of services pursuant to this contract with the City of Milton, contractor will secure from such subcontractor(s) similar verification of compliance with O.C.G.A. § 13-10-91 on the Subcontractor Affidavit provided in Rule 300-10-01-.08 in the form attached hereto as Exhibit "D." Contractor further agrees to maintain records of such compliance and provide a copy of each such verification to the City of Milton at the time the subcontractor(s) is retained to perform such service. EEV / Basic BY: Authorized— Date [[Hames Resident e ' LLC] Title of Authorized Officer 4 Agent of Contractor Printed Name of Authorized Officer or Agent ............ SUBSCRIBED AND SWORN `�� oNrussi•.,9 g BEFO ON THIS THE 12 DA OF w 201 e w* V. 9; S o s -- WN z ® .Z :vG�$CIG : �Q ,�. My ommission Ex ' ublic«s'�'.`� ey, 1Gl ® 9 City of Milton 13000 Deerfield Parkway Suite 107C Milton, Georgia 30004 To: Honorable Mayor and City Council Members From: Carter Lucas, PE – Public Works Director Date: October 3, 2011 for the October 17, 2011 Council Meeting Agenda Item: Approval of a Construction Services Agreement Between the City of Milton and Strickland Pipeline and Construction, Inc. for Construction of Drainage Improvements between Dinsmore Road and Scarlet Oak Trail Background: This project is being completed in response to a complaint received regarding drainage from the right-of-way of Dinsmore Road. Following a legal review of the facts of the case it has been determined that the city should proceed with the construction. Discussion: In this case the drainage from a portion of Dinsmore Road flows overland from the Dinsmore right-of-way across the property located at 640 Scarlet Oak Trail. The resident has claimed that the drainage from the right-of-way has caused damaged to the property and septic system serving the property. It has been determined by a legal review that the city should proceed with a resolution which involves the construction of a drainage ditch along Dinsmore Road and the installation of a storm drain line to convey the runoff from Dinsmore Road to the drainage system along Scarlet Oak Trail. In accordance with the standard city purchasing policy five bids were received for this project and Strickland Pipeline and Construction, Inc. was the lowest, responsive bid. Staff is recommending approval of the construction services contract with Strickland Pipeline and Construction, Inc. in the amount of $37,424. Legal Review: Paul Higbee, Jarrard & Davis on 9/12/2011 Attachments: 1. Construction Services Agreement CONSTRUCTION SERVICES AGREEMENT FOR Drainage Improvements – 640 Scarlett Oak Trail This Agreement (the “Agreement”) to provide drainage improvements is made and entered into this ___ day of ____, 2011, by and between the CITY OF MILTON, a municipal corporation of the State of Georgia, acting by and through its governing authority, the Milton City Council (hereinafter referred to as the “City”), Strickland Pipeline and Construction, Inc., a Georgia corporation with its principal place of business located at 1009 Upper Burris Road, Canton, Georgia 30114-4157 (hereinafter referred to as the “Contractor”). W I T N E S S E T H: WHEREAS, the City issued a Request For Bid (640 Scarlett Oak Trail Storm Drain System Improvements), to solicit bids for intersection improvements at various locations within the city; and WHEREAS, based upon Contractor’s bid to construct and to install the storm drain line as required by the bid documents, the City has selected Contractor as the winning bidder, and WHEREAS, Contractor has agreed to perform such work as set forth in this Agreement, according to the terms and conditions provided in this Agreement; and WHEREAS, Contractor has familiarized itself with the nature and extent of the Contract Documents, the Project, and the Work, with all local conditions and federal, state and local laws, ordinances, rules and regulations in any manner that may affect cost, progress or performance of work, and Contractor is aware that he must be licensed to do business in the State of Georgia. NOW THEREFORE, the City and Contractor, in consideration of the mutual promises contained herein and other good and valuable consideration, the sufficiency of which is hereby acknowledged, agree as follows: Section 1 Contract Documents The following documents are incorporated herein by reference and constitute the Contract Documents: A. This Agreement ( 16 Pages); B. Request For Bid RFB (7 Pages), attached hereto as Exhibit “A”; C. Proposal and Bid from Contractor dated (1 Page), attached hereto as Exhibit “B”; D. Performance and Other Bonds, attached hereto collectively as Exhibit “C”; E. Plans and specifications, attached hereto collectively as Exhibit “D”, F. Contractor Affidavit and Agreement, attached hereto as Exhibit “E”; G. Subcontractor Affidavit, attached hereto as Exhibit “F”; H. The following which may be delivered or issued after the Effective Date of the Agreement and are not attached hereto: All Written Amendments and other documents amending, modifying, or supplementing the Contract Documents if properly adopted in writing and executed by the Parties; and I. City of Milton Code of Ethics. In the event of any discrepancy among the Contract Documents, that provision that inures most to the benefit of the City, as determined by the City in its sole discretion, shall govern. Section 2 Project Description The Project is defined generally as follows and more particularly defined in Exhibit “A” and the construction drawing prepared by Wolverton & Associates, dated 8/15/2011: 1. Construct ditch adjacent to Dinsmore Road. 2. Install drop inlet and approximately 303 lf of 18 CMP along the property line. 3. Install manhole with top set flush with existing grade. 4. Install approximately 24 lf of 18” CMP to tie to the existing drop inlet. 5. Contractor shall provide all erosion and sediment control measures as required. 6. Contractor shall all precautions necessary not to disturb existing vegetation and shall replace in kind any and all vegetation disturbed in the execution of this contract. Section 3 The Work The Work is specified and indicated in the Contract Documents (the “Work”). In the event of any discrepancy among the Contract Documents, the provision operating most to the benefit of the City, as determined by the City in its sole discretion, shall govern. The Work previously described includes all material, labor, insurance, tools, equipment, and any other miscellaneous items necessary to complete the Work as described. Contractor shall complete the Work in strict accordance with the Contract Documents. Section 4 Contract Time This Contract shall take effect on ___________. Contractor agrees to complete the Project within 30 calendar days from the date of Notice to Proceed. Every effort will be made by Contractor to shorten this period. Section 5 Contractor’s Compensation; Time and Method of Payment Contractor shall be paid in one lump sum for the full agreed-to contract amount of $37,424 less the 10% ($3,742.40) contingency. The City shall pay Contractor upon Final Completion of the Project as such is determined by the City, net thirty (30) days from the date of invoice. No payments will be made for unauthorized work. Upon the City’s certification of Final Completion of the Project, an invoice should be submitted to Rick Pearce (Budget and Procurement Coordinator), for approval. Payment will be sent to the designated address by U. S. Mail only; payment will not be hand-delivered. Section 6 Work Changes A. 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 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. B. 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. C. 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 total amount to be paid under this Agreement. Any such change orders materially altering the terms of this Agreement or increasing the total amount to be paid under this Agreement in excess of $10,000, must be approved by resolution of the Milton City Council. Section 7 Covenants of Contractor. A. Ethics Code Contractor agrees that it shall not engage in any activity or conduct that would be in violation of the City of Milton Code of Ethics. B. Time is of the Essence Contractor specifically acknowledges that TIME IS OF THE ESSENCE for completion of the Project. 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 services in pursuit of the timely and competent completion of the Work undertaken by Contractor under this Agreement. D. 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. E. 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 services 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, specifications, or work by any person, body or agency shall relieve Contractor of the responsibility for adequacy, fitness, suitability, and correctness of Contractor’s professional and industry standards or for performing services under this Agreement in accordance with sound and accepted professional and industry principals. F. Contractor’s Reliance of Submissions by the City Contractor must have timely information and input from the City in order to perform the services 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. G. Contractor’s Representative ___________________________________ shall be authorized to act on Contractor’s behalf with respect to the Work as Contractor’s designated representative. H. Assignment of Agreement The Contractor covenants and agrees not to assign or transfer any interest in, nor delegate any duties of this Agreement, without the prior express written consent of the City. I. Responsibility of Contractor and Indemnification of City The Contractor covenants and agrees to take and assume all responsibility for the services rendered in connection with this Agreement. The Contractor shall bear all losses and damages directly or indirectly resulting to it on account of the performance or character of the services rendered pursuant to this Agreement. Contractor shall defend, indemnify and hold harmless the City, its officers, boards, commissions, elected and appointed officials, employees and agents from and against any and all claims, suits, actions, liability, judgments, damages, losses, and expenses, including but not limited to, attorney’s fees, which may be the result of willful, negligent or tortuous conduct arising out of the Work, performance of contracted services, or operations by the Contractor, any subcontractor, anyone directly or indirectly employed by the Contractor or subcontractor or anyone for whose acts the Contractor or subcontractor may be liable, regardless of whether or not the negligent act is caused in part by a party indemnified hereunder. 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 the City or any of its agents or employees, by any employee of 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, 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 and defend the City, its members, officers, agents, employees and volunteers shall survive termination of this Agreement. Contractor shall not be required to indemnify the City or its officers, boards, commissions, elected or appointed officials, employees or agents against liability or claims for damages, losses, or expenses, including attorney fees, arising out of bodily injury to persons, death, or damage to property caused by or resulting from the sole negligence of the City or its officers, boards, commissions, elected or appointed officials, employees or agents. J. Independent Contractor Contractor hereby covenants and declares that it is engaged in an independent business and agrees to perform the services as an independent contractor and not as the agent or employee of the City. The Contractor agrees to be solely responsible for its own matters relating to the time and place the services are performed; the instrumentalities, tools, supplies and/or materials necessary to complete the services; hiring of Contractors, agents or employees to complete the services; and the payment of employees, including compliance with Social Security, withholding and all other regulations governing such matters. The Contractor agrees to be solely responsible for its own acts and those of its subordinates, employees, and subcontractors during the life of this Agreement. 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. The Contractor shall obtain and maintain, at the Contractor’s expense, all permits, licenses, or approvals that may be necessary for the performance of the services. The Contractor shall furnish copies of all such permits, licenses, or approvals to the City of Milton Representative within ten (10) days after issuance. Inasmuch as the City of Milton and the Contractor are contractors independent of one another 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 Contract enters into on behalf of the City of Milton without the express knowledge and prior written consent of the City. K. 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 Attorney 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 limits no less than: (a) Comprehensive General Liability of $1,000,000 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 there from. (b) Comprehensive Automobile Liability (owned, non-owned, hired) of $1,000,000 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 there from. (c) Professional Liability of $1,000,000 limit for claims arising out of professional services caused by the Contractor’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 per accident. (3) Deductibles and Self-Insured Retentions: Any deductibles or self-insured retentions must be declared to and approved by the City. (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, its officials, employees, agents and volunteers are to be covered as insured 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 City, its officials, employees, agents or volunteers. (ii) The Contractor’s insurance coverage shall be primary noncontributing insurance as respects to any other insurance or self-insurance available to the City, its officials, employees, agents or volunteers. Any insurance or self-insurance maintained by the City, its officials, employees or volunteers shall be 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, its officials, employees, agents or volunteers. (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, its officials, employees, agents and volunteers for losses arising from work performed by the Contractor for the City. (vii) All endorsements to policies shall be executed by an authorized representative of the insurer. (b) Workers' Compensation Coverage: The insurer will agree to waive all rights of subrogation against the City, its officials, employees, agents and volunteers 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. (iii) 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(I) of this Agreement. (5) Acceptability of Insurers: Insurance is to be placed with insurers with an A.M. Bests' rating of no less than A: VII. (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 certificates of insurance and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. 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 prior to execution of this Agreement by the City. 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 insured 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 insured. (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. L. Employment of Unauthorized Aliens Prohibited It is the policy of the City of Milton that unauthorized aliens shall not be employed to perform work on City contracts involving the physical performance of services. Therefore, the City shall not enter into a contract for the physical performance of services within the State of Georgia, unless the Contractor shall provide evidence on City-provided forms, attached hereto as Exhibits “E” and “F” that it and Contractor’s subcontractors have within the previous twelve (12) month period conducted a verification of the social security numbers of all employees who will perform work on the City contract to ensure that no unauthorized aliens will be employed. The City Manager or his/her designee shall be authorized to conduct an inspection of the Contractor’s and Contractor’s subcontractors’ verification process to determine that the verification was correct and complete. The Contractor and Contractor’s subcontractors shall retain all documents and records of its verification process for a period of three (3) years following completion of the contract. This requirement shall apply to all contracts for the physical performance of services where more than three (3) persons are employed on the City contract. 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 its 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 order the Contractor to terminate or require its subcontractor to terminate that person’s employment immediately and to report same to the Department of Homeland Security. The Contractor’s failure to terminate the employee, or otherwise cooperate with the investigation may be sanctioned by termination of the contract, and the Contractor shall be liable for all damages and delays occasioned by the City thereby. Compliance with the requirements of O.C.G.A. § 13-10-91 and Rule 300-10-1-.02 is mandatory. Contractor agrees that, in the event the Contractor employs or contracts with any subcontractor(s) in connection with this Agreement, the Contractor will secure from the subcontractor(s) such subcontractor(s’) indication of the above employee-number category that is applicable to the subcontractor. Contractor’s compliance with the requirements of O.C.G.A. § 13-10-91 and Rule 300-10-1-.02 shall be attested by the execution of the contractor’s affidavit attached as Exhibit “E.” 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. M. Records, Reports and Audits (1) Records: (a) Records shall be established and maintained by the Contractor in accordance with requirements prescribed by the City with respect to all matters covered by this Agreement. Except as otherwise authorized, such records shall be maintained for a period of three years from the date that final payment is made under this Agreement. Furthermore, records that are the subject of audit findings shall be retained for three years or until such audit findings have been resolved, whichever is later. (b) All costs shall be supported by properly executed payrolls, time records, invoices, contracts, or vouchers, or other official documentation evidencing in proper detail the nature and propriety of the charges. All checks, payrolls, invoices, contracts, vouchers, orders or other accounting documents pertaining in whole or in part to this Agreement shall be clearly identified and readily accessible. (2) Reports and Information: Upon request, the Contractor shall furnish to the City any and all statements, records, reports, data and information related to matters covered by this Agreement in the form requested by the City. (3) Audits and Inspections: At any time during normal business hours and as often as the City may deem necessary, there shall be made available to the City for examination all records with respect to all matters covered by this Agreement. The Contractor will permit the City to audit, examine, and make excerpts or transcripts from such records, and to audit all contracts, invoices, materials, payrolls, records of personnel, conditions of employment and or data relating to all matters covered by this Agreement. N. Conflicts of Interest Contractor agrees that it shall not engage in any activity or conduct that would result in a violation of the City of Milton Code of Ethics. O. 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, consultants, 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. The Contractor shall exercise reasonable precautions to prevent the unauthorized disclosure and use of City information whether specifically deemed confidential or not. P. Compliance with Laws Regulating Illegal Aliens The United States Congress enacted the Immigration Reform and Control Act of 1986 (IRCA), P.L. 99-603, which required the former Immigration and Naturalization Service (now the Department of Homeland Security) to establish a system for verifying the immigration status of non-citizen applicants for, and recipients of, certain types of federally funded benefits, and to make the system available to Federal, State, and local benefit-issuing agencies and institutions that administer such benefits. The Contractor covenants and declares that it is enrolled in the Basic Employment Verification Pilot Program, and that it has verified the employment eligibility of all its employees utilizing such program. Contractor shall likewise require all subcontractors or sub-consultants to verify the employment eligibility of all their respective employees utilizing the Basic Employment Verification Pilot Program. Contractor shall provide documentation prior to commencing work under this Agreement, in a form acceptable to the City of Milton, affirming the Contractor’s compliance with this Section. Q. 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, local boards, agencies, commissions, committees or other regulatory bodies in order to perform the services contracted for under this Agreement. All work performed by Contractor under this Agreement shall be in accordance with applicable legal requirements and shall meet the standard of quality ordinarily expected of competent professionals. R. Key Personnel All of the individuals identified in Exhibit “G” are necessary for the successful prosecution 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 “G”, 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 section shall constitute a material breach of Contractor’s obligations under this Agreement and shall be grounds for termination. Contractor shall not subcontract with any third party for the performance of any portion of the Work without the prior written consent of the City. Contractor shall be solely responsible for any such subcontractors in terms of performance and compensation. S. 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. T. Ownership of Work All reports, designs, drawings, plans, specifications, schedules, work product and other materials prepared or in the process of being prepared for the services 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 such materials. Any such materials remaining in the hands of the Contractor or subcontractor upon completion or termination of the work shall be delivered immediately to the City. The Contractor assumes all risk of loss, damage or destruction of or to such 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. U. 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 the contract, at no additional cost to the City. Meetings will occur as problems arise and will be coordinated by the City. The Contractor will be given a minimum of three full working 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 to make a good faith effort to resolve problems, may result in termination of the contract. Section 8 Covenants of the City A. Right of Entry The City shall provide for right of entry for Contractor and all necessary equipment in order for Contractor to complete the Work. B. City’s Representative Jim Seeba shall be authorized to act on the City’s behalf with respect to the Work as the City’s designated representative Section 9 Warranty Except as may be otherwise specified or agreed, the Contractor shall repair all defects in materials, equipment, or workmanship appearing within one year from the date of Final Completion of the Project at no additional cost to the City. An inspection shall be conducted by the City or its representative(s) near the completion of the one-year general warranty period to identify any issues that must be resolved by the Contractor. Section 10 Termination A. The City may terminate this Agreement for convenience at any time upon written notice to Contractor. In the event of a termination for convenience, Contractor shall take immediate steps to terminate work as quickly and effectively as possible and shall terminate all commitments to third-parties unless otherwise instructed by the City. Provided that no damages are due to the City for Contractor’s failure to perform in accordance with this Agreement, the City shall pay Contractor for work performed to date in accordance with Section 5 herein. The City shall have no further liability to Contractor for such termination. B. The City may terminate this Agreement for cause if Contractor breaches any material provision of this Agreement. The City shall give Contractor seven (7) days written notice of its intent to terminate the Agreement and the reasons therefore, 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 and deduct the cost of completion from the unpaid Contract Price. The City will make no payment to the Contractor or its Surety until 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, the Contractor or its Surety will receive the applicable funds due. If the costs of completing the Project exceed the unpaid balance, the Contractor or its Surety will pay the difference to the City. C. 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 treated as a termination for convenience under the terms of this Section (A) above. D. Upon termination, the Contractor shall: (1) promptly discontinue all services affected, unless the notice 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. E. The rights and remedies of the City and the Contractor provided in this Section are in addition to any other rights and remedies provided under this Agreement or at law or in equity. Section 11 Miscellaneous A. Complete Agreement. This Agreement contains all of the understandings and agreements of whatsoever kind and nature existing between the parties hereto with respect to the subject matter contained herein. B. Governing Law. This Agreement shall be governed by and construed under the laws of the State of Georgia. 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. Should any part of this Agreement for any reason be declared by any court of competent jurisdiction to be invalid, such decision shall not affect the validity of any remaining portion, which remaining portion shall continue in full force and effect 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 which may for any reason be hereafter declared invalid. E. Notice. All notices requests, demands and other communications hereunder shall be in writing and shall be deemed received, and shall be effective when personally delivered or on the third day after the postmark date when mailed by certified mail, postage prepaid, return receipt requested or upon actual delivery when sent via national overnight commercial carrier to the parties at the addresses given below, unless a substitute address shall first be furnished to the other parties by written notice in accordance herewith: NOTICE TO CITY shall be sent to: City of Milton Attn: City Manager 13000 Deerfield Parkway, Suite 107F Milton, Georgia 30004 NOTICE TO CONTRACTOR shall be sent to: Strickland Pipeline and Construction, Inc. 1009 Upper Burris Road Canton, Georgia 30114-4157 F. 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. G. 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. H. Headings. All headings herein are inserted only for convenience and ease of reference and are not to be considered in the construction or interpretation of any provision of this Agreement. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed under seal as of the date first above written. [SIGNATURES ON FOLLOWING PAGE] Strickland Pipeline and Construction, Inc.: ___________________________________ By: _____________________________ Its: _____________________________ [CORPORATE SEAL] SIGNED, SEALED, AND DELIVERED In the presence of: _____________________________ Witness _____________________________ Notary Public [NOTARY SEAL] My Commission Expires: __________________ MILTON CITY COUNCIL: Joe Lockwood, Mayor ___________________________________ [CITY SEAL] SIGNED, SEALED, AND DELIVERED In the presence of: _____________________________ Witness _____________________________ Notary Public [NOTARY SEAL] My Commission Expires: __________________ Secretary of Owner should attest Give proper title of each person-executing affidavit. Attach seal as required. Executed in Triplicate _______________________________ of 3 EXHIBIT “A” REQUEST FOR BID EXHIBIT “B” BID FROM CONTRACTOR EXHIBIT “C” BONDS PAYMENT BOND CITY OF MILTON, GEORGIA KNOW ALL MEN BY THESE PRESENTS THAT Strickland Pipeline and Construction, Inc. (as CONTRACTOR, hereinafter referred to as the “Principal”), and ______________________ _________________________________________(as SURETY COMPANY, hereinafter referred to as the “CONTRACTOR’S SURETY”), are held and firmly bound unto the City of Milton, Georgia (as OWNER, hereinafter referred to as the “City”), for the use and benefit of any “Claimant,” as hereinafter defined, in the sum of thirty seven thousand four hundred twenty four Dollars ($37,424), lawful money of the United States of America, for the payment of which the Principal and the Contractor’s Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has entered, or is about to enter, into a certain written agreement with the City, dated , which is incorporated herein by reference in its entirety (hereinafter referred to as the “CONTRACT”), for the construction of a project known as 640 Scarlett Oak Trail Drainage Improvements (hereinafter referred to as “the PROJECT”). NOW THEREFORE, the condition of this obligation is such that if the Principal shall promptly make payment to any Claimant, as hereinafter defined, for all labor, services and materials used or reasonably required for use in the performance of the Contract, then this obligation shall be void; otherwise to remain in full force and effect. A “Claimant” shall be defined herein as any Subcontractor, person, Party, partnership, corporation or other entity furnishing labor, services or materials used or reasonably required for use in the performance of the Contract, without regard to whether such labor, services or materials were sold, leased or rented, and without regard to whether such Claimant is or is not in privity of the Contract with the Principal or any Subcontractor performing Work on the Project. In the event of any claim made by the Claimant against the City, or the filing of a Lien against the property of the City affected by the Contract, the Contractor’s Surety shall either settle or resolve the Claim and shall remove any such Lien by bond or otherwise as provided in the Contract. The Parties further expressly agree that any action on this Bond may be brought within the time allowed by Georgia law for suit on contracts under seal. IN WITNESS WHEREOF, the Principal and Contractor’s Surety have hereunto affixed their corporate seals and caused this obligation to be signed by their duly authorized officers on this day of , 2011. (Strickland Pipeline and Construction, Inc.) By: Title: (SEAL) (Signatures Continued on Next Page) Attest: ______________________ Title:_________________ Date:__________________ (Name of Contractor’s Surety) By: Title: (SEAL) Attest: _____________________ Date:_________________ (ATTACH SURETY’S POWER OF ATTORNEY) PERFORMANCE BOND CITY OF MILTON, GEORGIA KNOW ALL MEN BY THESE PRESENTS THAT Strickland Pipeline and Construction, Inc. (as CONTRACTOR, hereinafter referred to as the “Principal”), and (as SURETY COMPANY, hereinafter referred to as the “CONTRACTOR’S SURETY”), are held and firmly bound unto the City of Milton, Georgia (as OWNER, hereinafter referred to as the “City”), for the use and benefit of any “Claimant,” as hereinafter defined, in the sum of thirty seven thousand four hundred twenty four Dollars ($37,424), lawful money of the United States of America, for the payment of which the Principal and the Contractor’s Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has entered, or is about to enter, into a certain written agreement with the City, dated the of , 2011 which is incorporated herein by reference in its entirety (hereinafter referred to as the “CONTRACT”), for the construction of a project known as 640 Scarlett Oak Trail Drainage Improvements, (hereinafter referred to as “the PROJECT”). NOW THEREFORE, the conditions of this obligation are as follows: 1. That if the Principal shall fully and completely perform each and all of the terms, provisions and requirements of the Contract, including and during the period of any warranties or guarantees required thereunder, and all modifications, amendments, changes, deletions, additions, and alterations thereto that may hereafter be made, and if the Principal and the Contractor’s Surety shall 28 indemnify and hold harmless the City from any and all losses, liability and damages, claims, judgments, liens, costs and fees of every description, including but not limited to, any damages for delay, which the City may incur, sustain or suffer by reason of the failure or default on the part of the Principal in the performance of any and all of the terms, provisions and requirements of the Contract, including all modifications, amendments, changes, deletions, additions, and alterations thereto and any warranties or guarantees required thereunder, then this obligation shall be void; otherwise to remain in full force and effect; 2. In the event of a failure of performance of the Contract by the Principal, which shall include, but not be limited to, any breach of default of the Contract: a. The Contractor’s Surety shall commence performance of its obligations and undertakings under this Bond no later than thirty (30) days after written notice from the City to the Contractor’s Surety; and b. The means, method or procedure by which the Contractor’s Surety undertakes to perform its obligations under this Bond shall be subject to the advance written approval of the City. The Contractor’s Surety hereby waives notice of any and all modifications, omissions, additions, changes and advance payments or deferred payments in or about the Contract, and agrees that the obligations undertaken by this Bond shall not be impaired in any manner by reason of any such modifications, omissions, additions, changes, and advance payments or deferred payments. The Parties further expressly agree that any action on this Bond may be brought within the time allowed by Georgia law for suit on contracts under seal. IN WITNESS WHEREOF, the principal and Contractor’s Surety have hereunto affixed 29 their corporate seals and caused this obligation to be signed by their duly authorized officers or attorneys-in-fact, this day of , 2011. (Strickland Pipeline and Construction, Inc.) By: ___________ Title: (SEAL) Attest: _____________________ Title:________________ Date:_________________ (Name of Contractor’s Surety) By:____ _____ Title: (SEAL) Attest: _____________________ Date:_________________ (ATTACH SURETY’S POWER OF ATTORNEY) 30 EXHIBIT “D” PLANS AND SPECIFICATIONS 31 EXHIBIT “E” STATE OF GEORGIA CITY OF MILTON 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 contracting with the City of Milton has registered with and is participating in a federal work authorization program, in accordance with the applicability provisions and deadlines established in O.C.G.A. § 13-10-91. The undersigned further agrees that, should it employ or contract with any subcontractor(s) in connection with the physical performance of services pursuant to this contract with the City of Milton, contractor will secure from such subcontractor(s) similar verification of compliance with O.C.G.A. § 13-10-91 on the Subcontractor Affidavit provided in Rule 300-10-01-.08 in the form attached hereto as Exhibit “F” Contractor further agrees to maintain records of such compliance and provide a copy of each such verification to the City of Milton at the time the subcontractor(s) is retained to perform such service. ________________________________________ EEV / Basic Pilot Program User Identification Number ________________________________________ BY: Authorized Officer or Agent Date (Strickland Pipeline and Construction, Inc.) _________________________________________ Title of Authorized Officer or Agent of Contractor _________________________________________ Printed Name of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE _____ DAY OF ______________________, 2011 ________________________________________ Notary Public My Commission Expires: ___________________ 32 EXHIBIT “F” STATE OF GEORGIA CITY OF MILTON 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 (name of contractor) on behalf of the City of Milton has registered with and is participating in a federal work authorization program, in accordance with the applicability provisions and deadlines established in O.C.G.A. § 13-10-91. ________________________________________ EEV / Basic Pilot Program User Identification Number ________________________________________ BY: Authorized Officer or Agent Date ________________________________________ (Subcontractor Name) _________________________________________ Title of Authorized Officer or Agent of Subcontractor _________________________________________ Printed Name of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE _____ DAY OF ______________________, 2011 _________________________________________ Notary Public My Commission Expires: City of Milton 13000 Deerfield Parkway Suite 107C Milton, Georgia 30004 To: Honorable Mayor and City Council Members From: Carter Lucas, PE – Public Works Director Date: October 3, 2011 for the October 17, 2011 Council Meeting Agenda Item: Approval of a Construction Services Agreement Between the City of Milton and Reynolds Inliner, LLC for Hopewell Road Drainage Improvements Background: During routine stormwater inspections it was found that the road shoulder and 42” CMP at this location were in need of repair. The shoulder and upstream end of the pipe were repaired by Blount Construction Company, Inc. under a previous contract. The cured in-place lining is the second phase of the two-phase project to complete the repairs to the culvert. Discussion: There is a 42” CMP culvert under Hopewell Road at this location. The first phase of the project removed the damaged upstream pipe section, replaced the upstream section and repaired the slope. This second phase of the project will use a cured in-place liner the line the existing pipe and tie that pipe to the newly installed upstream pipe section. The cured in-place liner repairs the existing deteriorated corrugated metal pipe and restores the structural stability of the pipe without having to close and open cut the road. In accordance with the city purchasing policy Reynolds Inliner, LLC was selected as the primary contractor for this type of specialty work. The bid was based on an existing on-call services contract awarded by the Clayton County Water Authority under a competitive bid scenario. Staff is recommending approval of the construction services contract with Reynolds Inliner, LLC. in the amount of $19,755.50. Legal Review: Paul Higbee, Jarrard & Davis on 9/27/2011 Attachments: 1. Construction Services Agreement City of Milton CONSTRUCTION SERVICES AGREEMENT FOR Hopewell Road Drainage Improvements — Pipe Lining This Agreement (the "Agreement') to provide intersection pedestrian improvements is made and entered into this 3 day of t��-� f 2011, by and between the CITY OF MILTON, a municipal corporation of the State of Georgia, acting by and through its governing authority, the Milton City Council (hereinafter referred to as the "City"), and Reynolds Inliner, LLC, a foreign limited liability company with its principal place of business located at 4520 North State Road 37 Orleans, IN 47452 (hereinafter referred to as the "Contractor"). WITNESSETH: WHEREAS, the Clayton County Water Authority issued a Request for Bid for Cured in Place Pipe Rehabilitation, to solicit bids for an annual contract to provide these services throughout the county; and WHEREAS, because the purchasing policy of the City of Milton, Georgia allows contracts to be awarded by piggy -backing off of contracts awarded in other jurisdictions, the City has selected Contractor to provide the services outlined in this agreement, and WHEREAS, Contractor has agreed to perform such work as set forth in this Agreement, according to the terms and conditions provided in this Agreement; and WHEREAS, Contractor has familiarized itself with the nature and extent of the Contract Documents, the Project, and the Work, with all local conditions and federal, state and local laws, ordinances, rules and regulations in any manner that may 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, the City and Contractor, in consideration of the mutual promises contained herein and other good and valuable consideration, the sufficiency of which is hereby acknowledged, agree as follows: Section 1 Contract Documents The following documents are incorporated herein by reference and constitute the Contract Documents: A. This Agreement ( 16 Pages); B. Clayton County Water Authority Contract (21 Pages), attached hereto as Exhibit "A"; C. Proposal and Bid from Contractor dated (1 Page), attached hereto as Exhibit "B"; D. Performance and Other Bonds, attached hereto collectively as Exhibit "C"; E. Exhibit "D", [RESERVED] F. Contractor Affidavit and Agreement, attached hereto as Exhibit "E"; G. Subcontractor Affidavit, attached hereto as Exhibit "F"; H. The following which may be delivered or issued after the Effective Date of the Agreement and are not attached hereto: All Written Amendments and other documents amending, modifying, or supplementing the Contract Documents if properly adopted in writing and executed by the Parties; and I. City of Milton Code of Ethics. In the event of any discrepancy among the Contract Documents, that provision that inures most to the benefit of the City, as determined by the City in its sole discretion, shall govern. Section 2 Proieet Description The Project is defined generally as follows: 1. Clean existing 42" CMP under Hopewell Road in accordance with manufacturer's recommendations to install the cured in-place liner. 2. Install 20mm liner through 821f of 42" CMP and RCP where required. 3. Reset top of existing manhole used to access the culvert. 4. Contractor shall provide all erosion and sediment control measures as required. 5. Contractor shall all precautions necessary not to disturb existing vegetation and shall replace in kind any and all vegetation disturbed in the execution of this contract. Section 3 The Work The Work is specified and indicated in the Contract Documents (the "Work"). In the event of any discrepancy among the Contract Documents, the provision operating most to the benefit of the City, as determined by the City in its sole discretion, shall govern. The Work previously described includes all material, labor, insurance, tools, equipment, and any other miscellaneous items necessary to complete the Work as described. Contractor shall complete the Work in strict accordance with the Contract Documents. Section 4 Contract Time Contractor agrees to complete the Project within 30 calendar days from the date of Notice to Proceed. Every effort will be made by Contractor to shorten this period. Section 5 Contractor's Compensation, Time and Method of Payment Contractor shall be paid in one lump sum for the full agreed -to contract amount of $19,999.00. The City shall pay Contractor upon Final Completion of the Project as such is determined by the City, net thirty (30) days from the date of invoice. No payments will be made for unauthorized work. Upon the City's certification of Final Completion of the Project, an invoice should be submitted to Rick Pearce (Budget and Procurement Coordinator), for approval. Payment will be sent to the designated address by U. S. Mail only; payment will not be hand - delivered. Section 6 Work Changes A. 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 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. B. 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. C. 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 total amount to be paid under this Agreement. Any such change orders materially altering the terms of this Agreement or increasing the total amount to be paid under this Agreement in excess of $10,000, must be approved by resolution of the Milton City Council. Section 7 Covenants of Contractor. A. Ethics Code Contractor agrees that it shall not engage in any activity or conduct that would be in violation of the City of Milton Code of Ethics. B. Time is of the Essence Contractor specifically acknowledges that TIME IS OF THE ESSENCE for completion of the Project. 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 services in pursuit of the timely and competent completion of the Work undertaken by Contractor under this Agreement. D. 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. E. 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 services 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, specifications, or work by any person, body or agency shall relieve Contractor of the responsibility for adequacy, fitness, suitability, and correctness of Contractor's professional and industry standards or for performing services under this Agreement in accordance with sound and accepted professional and industry principals. F. Contractor's Reliance of Submissions by the Cit Contractor must have timely information and input from the City in order to perform the services 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. G. Contractor's Representative Shannon Herford shall be authorized to act on Contractor's behalf with respect to the Work as Contractor's designated representative. H. Assignment of Agreement The Contractor covenants and agrees not to assign or transfer any interest in, nor delegate any duties of this Agreement, without the prior express written consent of the City. Responsibility of Contractor and Indemnification of City_ The Contractor covenants and agrees to take and assume all responsibility for the services rendered in connection with this Agreement_ The Contractor shall bear all losses and damages directly or indirectly resulting to it on account of the performance or character of the services rendered pursuant to this Agreement. Contractor shall defend, indemnify and hold harmless the City, its officers, boards, commissions, elected and appointed officials, employees and agents from and against any and all claims, suits, actions, liability, judgments, damages, losses, and expenses, including but not limited to, attorney's fees, which may be the result of willful, negligent or tortuous conduct arising out of the Work, performance of contracted services, or operations by the Contractor, any subcontractor, anyone directly or indirectly employed by the Contractor or subcontractor or anyone for whose acts the Contractor or subcontractor may be liable, regardless of whether or not the negligent act is caused in part by a party indemnified hereunder. 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 the City or any of its agents or employees, by any employee of 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, 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 and defend the City, its members, officers, agents, employees and volunteers shall survive termination of this Agreement. J. Independent Contractor Contractor hereby covenants and declares that it is engaged in an independent business and agrees to perform the services as an independent contractor and not as the agent or employee of the City. The Contractor agrees to be solely responsible for its own matters relating to the time and place the services are performed; the instrumentalities, tools, supplies and/or materials necessary to complete the services; hiring of Contractors, agents or employees to complete the services; and the payment of employees, including compliance with Social Security, withholding and all other regulations governing such matters. The Contractor agrees to be solely responsible for its own acts and those of its subordinates, employees, and subcontractors during the life of this Agreement. 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. The Contractor shall obtain and maintain, at the Contractor's expense, all permits, licenses, or approvals that may be necessary for the performance of the services. The Contractor shall furnish copies of all such permits, licenses, or approvals to the City of Milton Representative within ten (10) days after issuance. Inasmuch as the City of Milton and the Contractor are contractors independent of one another 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 Contract enters into on behalf of the City of Milton without the express knowledge and prior written consent of the City. K. Insurance (1) R uirements: 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 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 limits no less than: (a) Comprehensive General Liability of $1,000,000 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 there from. (b) Comprehensive Automobile Liability (owned, non -owned, hired) of $1,000,000 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 there from. (c) Professional Liability of $1,040,000 limit for claims arising out of professional services caused by the Contractor'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 per accident. (3) Deductibles and Self -Insured Retentions: Any deductibles or self-insured retentions must be declared to and approved by the City. (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, its officials, employees, agents and volunteers are to be covered as insured 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 City, its officials, employees, agents or volunteers. (ii) The Contractor's insurance coverage shall be primary noncontributing insurance as respects to any other insurance or self-insurance available to the City, its officials, employees, agents or volunteers. Any insurance or self-insurance maintained by the City, its officials, employees or volunteers shall be 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, its officials, employees, agents or volunteers. (iv) Coverage shall state that the Contractor's insurance shall apply separately to each insured against whore 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, its officials, employees, agents and volunteers for losses arising from work performed by the Contractor for the City. (vii) All endorsements to policies shall be executed by an authorized representative of the insurer. (b) Workers' Compensation Coverage: The insurer will agree to waive all rights of subrogation against the City, its officials, employees, agents and volunteers 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. (iii) 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(I) of this Agreement. (5) Acceptability of Insurers: Insurance is to be placed with insurers with an A.M. Bests' rating of no less than A: VII. (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 certificates of insurance and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. 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 prior to execution of this Agreement by the City. 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 insured 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 insured. (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. L. Employment of Unauthorized Aliens Prohibited It is the policy of the City of Milton that unauthorized aliens shall not be employed to perform work on City contracts involving the physical performance of services. Therefore, the City shall not enter into a contract for the physical performance of services within the State of Georgia, unless the Contractor shall provide evidence on City -provided forms, attached hereto as Exhibits "E" and "F" that it and Contractor's subcontractors have within the previous twelve (12) month period conducted a verification of the social security numbers of all employees who will perform work on the City contract to ensure that no unauthorized aliens will be employed. The City Manager or his/her designee shall be authorized to conduct an inspection of the Contractor's and Contractor's subcontractors' verification process to determine that the verification was correct and complete. The Contractor and Contractor's subcontractors shall retain all documents and records of its verification process for a period of three (3) years following completion of the contract. This requirement shall apply to all contracts for the physical performance of services where more than three (3) persons are employed on the City contract. 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 its 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 order the Contractor to terminate or require its subcontractor to terminate that person's employment immediately and to report same to the Department of Homeland Security. The Contractor's failure to terminate the employee, or otherwise cooperate with the investigation may be sanctioned by termination of the contract, and the Contractor shall be liable for all damages and delays occasioned by the City thereby. Compliance with the requirements of Q.C.G.A. § 13-10-91 and Rule 300-10-1-.02 is mandatory. Contractor agrees that, in the event the Contractor employs or contracts with any subcontractor(s) in connection with this Agreement, the Contractor will secure from the subcontractor(s) such subcontractor(s') indication of the above employee -number category that is applicable to the subcontractor. Contractor's compliance with the requirements of a.C.G.A. § 13-10-91 and Rule 300-10-1-.02 shall be attested by the execution of the contractor's affidavit attached as Exhibit "E." 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. M. Records Reports and Audits (1) Records: (a) Records shall be established and maintained by the Contractor in accordance with requirements prescribed by the City with respect to all matters covered by this Agreement. Except as otherwise authorized, such records shall be maintained for a period of three years from the date that final payment is made under this Agreement. Furthermore, records that are the subject of audit findings shall be retained for three years or until such audit findings have been resolved, whichever is later. (b) All costs shall be supported by properly executed payrolls, time records, invoices, contracts, or vouchers, or other official documentation evidencing in proper detail the nature and propriety of the charges. All checks, payrolls, invoices, contracts, vouchers, orders or other accounting documents pertaining in whole or in part to this Agreement shall be clearly identified and readily accessible. (2) Reports and Information: Upon request, the Contractor shall furnish to the City any and all statements, records, reports, data and information related to matters covered by this Agreement in the form requested by the City. (3) Audits and Inspections: At any time during normal business hours and as often as the City may deem necessary, there shall be made available to the City for examination all records with respect to all matters covered by this Agreement. The Contractor will permit the City to audit, examine, and make excerpts or transcripts from such records, and to audit all contracts, invoices, materials, payrolls, records of personnel, conditions of employment and or data relating to all matters covered by this Agreement. N. Conflicts of Interest Contractor agrees that it shall not engage in any activity or conduct that would result in a violation of the City of Milton Code of Ethics. 0. 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, consultants, 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. The Contractor shall exercise reasonable precautions to prevent the unauthorized disclosure and use of City information whether specifically deemed confidential or not. P. Compliance with Laws Regulating Illegal Aliens The United States Congress enacted the Immigration Reform and Control Act of 1986 (IRCA), P.L. 99-603, which required the former Immigration and Naturalization Service (now the Department of Homeland Security) to establish a system for verifying the immigration status of non -citizen applicants for, and recipients of, certain types of federally funded benefits, and to make the system available to Federal, State, and local benefit -issuing agencies and institutions that administer such benefits. The Contractor covenants and declares that it is enrolled in the Basic Employment Verification Pilot Program, and that it has verified the employment eligibility of all its employees utilizing such program. Contractor shall likewise require all subcontractors or sub -consultants to verify the employment eligibility of all their respective employees utilizing the Basic Employment Verification Pilot Program. Contractor shall provide documentation prior to commencing work under this Agreement, in a form acceptable to the City of Milton, affirming the Contractor's compliance with this Section. Q. 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, local boards, agencies, commissions, committees or other regulatory bodies in order to perform the services contracted for under this Agreement. All work performed by Contractor under this Agreement shall be in accordance with applicable legal requirements and shall meet the standard of quality ordinarily expected of competent professionals. R. Key Personnel [Reserved] S. 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 hind Contractor to the terms of this Agreement, if applicable. T. Ownership of Work All reports, designs, drawings, plans, specifications, schedules, work product and other materials prepared or in the process of being prepared for the services 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 such materials. Any such materials remaining in the hands of the Contractor or subcontractor upon completion or termination of the work shall be delivered immediately to the City. The Contractor assumes all risk of loss, damage or destruction of or to such 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. U. 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 the contract, at no additional cost to the City. Meetings will occur as problems arise and will be coordinated by the City. The Contractor will be given a minimum of three full working 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 to make a good faith effort to resolve problems, may result in termination of the contract. Section 8 Covenants of the City A. Right of Entry The City shall provide for right of entry for Contractor and all necessary equipment along the Hopewell Road right-of-way, in order for Contractor to complete the Work. B. City's Representative Jim Seeba, PE shall be authorized to act on the City's behalf with respect to the Work as the City's designated representative Section 9 Warranty Except as may be otherwise specified or agreed, the Contractor shall repair all defects in materials, equipment, or workmanship appearing within one year from the date of Final Completion of the Project at no additional cost to the City. An inspection shall be conducted by the City or its representative(s) near the completion of the one-year general warranty period to identify any issues that must be resolved by the Contractor. Section 14 Termination A. The City may terminate this Agreement for convenience at any time upon written notice to Contractor. In the event of a termination for convenience, Contractor shall take immediate steps to terminate work as quickly and effectively as possible and shall terminate all commitments to third -parties unless otherwise instructed by the City. Provided that no damages are due to the City for Contractor's failure to perform in accordance with this Agreement, the City shall pay Contractor for work performed to date in accordance with Section 5 herein. The City shall have no further liability to Contractor for such termination. B. The City may terminate this Agreement for cause if Contractor breaches any material provision of this Agreement. The City shall give Contractor seven (7) days written notice of its intent to terminate the Agreement and the reasons therefore, 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 and deduct the cost of completion from the unpaid Contract Price. The City will make no payment to the Contractor or its Surety until 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, the Contractor or its Surety will receive the applicable funds due. If the costs of completing the Project exceed the unpaid balance, the Contractor or its Surety will pay the difference to the City. C. 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 treated as a termination for convenience under the terms of this Section (A) above. D. Upon termination, the Contractor shall: (1) promptly discontinue all services affected, unless the notice 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. E. The rights and remedies of the City and the Contractor provided in this Section are in addition to any other rights and remedies provided under this Agreement or at law or in equity. Section 11 Miscellaneous A. Complete Agreement. This Agreement contains all of the understandings and agreements of whatsoever kind and nature existing between the parties hereto with respect to the subject matter contained herein. B. Governing Law. This Agreement shall be governed by and construed under the laws of the State of Georgia. 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. Should any part of this Agreement for any reason be declared by any court of competent jurisdiction to be invalid, such decision shall not affect the validity of any remaining portion, which remaining portion shall continue in full force and effect 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 which may for any reason be hereafter declared invalid. E. Notice. All notices requests, demands and other communications hereunder shall be in writing and shall be deemed received, and shall be effective when personally delivered or on the third day after the postmark date when mailed by certified mail, postage prepaid, return receipt requested or upon actual delivery when sent via national overnight commercial carrier to the parties at the addresses given below, unless a substitute address shall first be furnished to the other parties by written notice in accordance herewith: NOTICE TO CITY shall be sent to: City of Milton Attn: City Manager 13000 Deerfield Parkway, Suite 107F Milton, Georgia 30004 NOTICE TO CONTRACTOR shall be sent to: Reynolds Inliner, LLC 4520 North State Road 37 Orleans, IN 47452 F, 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. G. 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. H. Headings. All headings herein are inserted only for convenience and ease of reference and are not to be considered in the construction or interpretation of any provision of this Agreement. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed under seal as of the date first above written. [SIGNATURES ON FOLLOWING PAGE] Reynolds Inline C: By: Shanw x rford Its: District Manager [CORPORATE SEAL} SIGNED, SEALED, AND DELIVERED In the presence of: Witness Notary Public [NOTARY SEAL) My Commission Expires: KALIMAH L-SA1VMAD NOTARY PUBLIC MILTON CITY COUNCIL: COBB COUNTY Joe Lockwood, Mayor STA're OF GEORGIA My Commission expires June 18, 2815 [CITY SEAL] SIGNED. SEALED. AND DELIVERED In the presence of: Witness Notary Public [NOTARY SEAL] My Commission Expires: Secretary of Owner should attest Give proper title of each person -executing affidavit. Attach seal as required. Executed in Triplicate of 3 EXHIBIT "A" Clayton County Water Authority Contract Clayton County Water Authority Annual Contract for Stormwater Cured In Place Pipe Rehabilitation Septembe' 2010 Division 3 Contract Forms Section 1: Agreement Form STATE OF GEORGIA COUNTY OF CLAYTON AGREEMENT FOR ONGOING PROVISION OF GOODS AND SERVICES This Agreement made and entered into this � � day of 20 tO between the Clayton County Water Authority (hereinafter "the Authority") and %-k-`"' ., (hereinafter "the contractor"), wltnesseth: WHEREAS, the Authority is contracting with the Contractorfor the provision of certain goods and services described below for the term specified herein; NOW THEREFORE, the parties agree as follows: DESCRIPTION OF GOODS AND SERVICES: the Contractor shall provide the following goods and services to the Authority in such quantities as the Authority requires: Complete Annual Contract for Stormwater Cured in Place Pipe Rehabilitation as described in the Request for Pica, dated September 2010. 2. CONS: The Authority shall pay the Contractor the prices as stipulated in the Bid Price Quotation hereto attached as full compensation relative to the Bid dated October 14, 2010 and above described goods and services. The Authority shall pay the Contractor upon receipt of a pay application and acceptance of the individual project work order. Each pay application for payment must be submitted to CCVVA in such a form and matter, and with such supporting data and content as the CCWA may require. After which payment will be made within thirty days. 3. TERM OF AGREEMENT: The term of this Agreement shall commence on the 1st cLay of January 2011. The Agreement shall remain in effect until April 30 2412. 3-1A Clayton County Water Authority September 201 p Annual Contract for Stormwater Cured In Place Pipe Rehabilitation Division 3 Contract Forms Section 1: Agreement Form 4. RENEWAL PROVISIONS: The Agreement may be renewed for the second and for third year by mutual written consent by both parties with no changes in the terms and conditions. 5. WARRANTY ON SERVICES RENDERED: The Contractor warrants its workmanship to be free from defects for a period of two (2) years from the date of final acceptance, The Contractor further warrants that its workmanship will conform to all specifications and will perform as specified. Upon receipt of written notice of a defect in workmanship, the Contractor shall repair the defect in a timely manner at no expense to the Authority, E, WARRANTY ON GOODS PROVIDED: The Contractor warrants its goods for a period of two (2) years from the date of final acceptance. Furthermore, the Contractor warrants that goods ordered to specifications will conform thereto and to any drawings, sarnpies, or other description furnished or adopted by the Author7ty, and will be ft and sufficient for the purpose intended; and that ali goods are merchantable, of good material and workmanship, and free from defect. Such warranties, togetherwith the Contractor's service warranties and guarantees, if any shall survive inspection, test, acceptance of, and payment for the goods and shall run to the Authority, its successors, assigns, customers at any tier, and ultimate user and joint users. Notices of any defect or nonconformity shall be given by the Authority to the Contractor within fifteen (95) months after acceptance by ultimate user; provided however that in the event the goods are designed by the Contractor; notice must be given within three (3) years after acceptance by ultimate user. The rights and remedies of the Authority concerning latent defects shall exist indefinitely, and shall not be affected in clause. The Authority may, at its option, and in addition 3-1,2 Clayton County Water Authority September 2010 Annua; Contract for Stormwater Cured In Place Pipe Rehabilitation Division 3 Contract Forms Section 1: Agreement Form to other remedies available at law, either (i) return for credit, (ii) require prompt correction or replacement of the defective or nonconforming goods; or (iii) have the defective items corrected or replaced at the Contractor's expense and deduct the cost thereof from any monies due the Contractor. The return to the Contractor of any defective or nonconforming goods and delivery to the Authority of any corrected or replaced goods shall be at the Contractor's expense, Goods required to be corrected or replaced shall be at the Contractor's expense, Goods required to be corrected or replaced shall be subject to the provision of this paragraph and the paragraph of this Agreement entitled "inspection" on the same manner and to the same extent as goods originally delivered under this Agreement. In addition to correcting or replacing any defective or nonconforming goods, the Contractor shall also reimburse the Authority for alt costs and expenses incurred by the Authority in connection with inspection and discovery of the defects, identifying and correcting the cause of such defects and all other activities reasonably undertaken by the Authority to obtain conforming goods or attempting to obtain from the ultimate user a waiver to permit the defective goods to be used with all or part of the defective conditions, GOODS SUPPLIED BY CCWA (a) In the event CCWA discovers that it has supplied materials other than Appropriate Materials ("Inappropriate Materials") to the Contractor, CCWA shall provide written notice of such situation to the Contractor. (b) In the event that CCWA supplies to the Contractor Inappropriate Materials and the Contractor utilizes the Inappropriate Materials in supplying all or any part of the services contemplated by this Agreement, the Contractor shall be 3-1.3 Clayton County Water Authority September 2010 Annual Contract for Stormwater Cured In Place Pipe Rehabilitation Division 3 Contract Forms Section 1: Agreement Form paid the applicable bid prices and/or percentage of the lump sum bid prices as described in Paragraph 2 for such services as if such services had been performed with Appropriate Materials, except forany such services rendered after the Contractor's receipt of written notice from CCWA that Inappropriate Materials have been supplied by CCWA to the Contractor, for which services the Contractor shall receive no compensation. In no event shall payments made to the Contractor pursuant to the subparagraph (b) result in the Contractor receiving payments in excess of unit bid prices andlor lump sum bid prices as described in paragraph 2, (0) The Contractor, upon written request by CCWA, shall remove all Inappropriate Materials, supplied by CCWA, previously installed and install Appropriate Materials, supplied by CCWA in their place. In addition, the Contractor shall be paid as compensation for these additional services an amount equal to the amount described in subparagraph (b) above. In no event shall the additional consideration contemplated under this subparagraph (D) exceed unit bid prices and/or lump sum bid prices as described in paragraph 2. 7. INSPECTION: The Authority shall have the right to inspect the goods supplied hereunder at any time during the manufacture or fabrication thereof at the Contractor's facilities or elsewhere. Such inspection may include, without limitation, raw materials, components, work in process, and completed products as well as drawings, specifications, and released data. Final inspection and acceptance shall be after delivery to the delivery point designated by the Authority. If any inspection or test is made by the Authority at the Contractor's facility or elsewhere, the Contractor 3-1A Clayton County Water Authority Septembe r 2010 Annua' Contract for Stormwater Cured In Place Pipe Rehabilitation Division 3 Contract Forms Section 1: Agreement Form shall provide reasonable facilities and assistance for the inspection personnel. The Authority may reject all goods supplied hereunder, which are found to be defective. Goods so rejected may be returned to the Contractor at the Contractor's expense. No inspection, examination or test, regardless of extensiveness or type, and no approval give in connection with any such inspection, examination or test, whether under this Agreement or another contract forthe same or similargoods, shall relieve it, of any obligation to comply fullywith all requirements of this Agreement, including the obligation to produce gods that conform to all requirements of the drawings, specifications and any other Contract Documents. At the Authority's request, the Contractor shall repair or replace defective goods at the Contractor's expense. Failure to inspect goods; failure to discover defects in goods or payment for goods shah not constitute acceptance or Limit any of the Authority's rights, inc€uding without limitation those under the WARRANTY provisions of this Agreement. In the event inspection reveals a defeat or defects and schedule urgency requires that the defect or defects be corrected by the Authority to support production, all cost of such correction, including without limitation installation and removal, will be charged to the Contractor; such charges wi11 also include time and material and appropriate indirect and overhead expenses. The Contractor shall maintain in inspection system acceptable to the Authority covering the goods furnished hereunder. 8. CONTRACTOR'S AFFIDAVITS AND CONSENT OF SURETY: The Contractor shall issue a "Standard Contractor's Affidavit I nterim Waiver and Release Upon Payment" and a "Standard Contractor's Affidavit Unconditional Waiver and Release upon F=inal Payment" provided by the Authority before receiving any interim or final payment far any services performed. Additionally the Contractor must submit a "Consent of 3-1.5 Clayton County Water Authority September 2010 Annual Contract for Stormwater Cured In Place Pipe Rehabilitation Division 3 Contract Forms Section 1: Agreement Form Surety" before receiving the payment for any services performed that require payment and performance bonds. 9. ASSIGNMENT AND SUBCONTRACTING: The Contractor shall not assign this Agreement or any portion of this Agreement, nor shall the Contractor sub Contract for goods or completed or substantially completed services purchased hereunder without the prior express written consent of the Authority, No assignment or subcontract by the Contractor: including any assignment or subcontract to which the Authority consents, shall in any way relieve the Contractor from complete and punctual performance of this Agreement, including without limitation all of the Contractor's obligations under the WARRANTY provisions of this Agreement. 10. TH E AUTHORITY'S ASSISTANCE AND COOPERATION: During the Contractor's performance of this Agreement, the Authcrity may, but has no obligation to, provide assistance to, or cooperate with, the Contractor in activities that facilitate the proper performance and completion of this Agreement by the Contractor. Such assistance and cooperation may include without limitation: (i) providing engineering or other analysis or advice on correcting problems; iii} refraining from strict enforcement of time schedule requirements under this Agreement; (iii) permitting use of test materials or documentation not performed or produced underthis Agreement. Such assistance or cooperation by the Authority shall not be construed, and the Contractor agrees that it will not claim that any such assistance or cooperation operates, to relieve the Contractor from complete, proper and punctual performance of al the Contractors obligations under this Agreement. 11. WORK ON THE AUTHORITY'S DESIGNATED PERMISI<S: In the event that the Contractor, the Contractor's employees or agents orthe Contractor's subcontractors 3-1.6 Clayton County Water Authority 5eatemher 2010 Annual Contract for Stormwater Cured In Place Pipe Rehabilitation Division 3 Contract Forms Section 1: Agreement Form enter the Authority's designated premises for any reason in connection with this Agreement, the Contractor and such other parties shall observer all security requirements and all plant safety, plant protection, and traffic regulations. The Contractor shall defend, indemnify, and hold the Authority harmless from all claims, actions, demands, foss, and causes of action, arising from injury, including death, to any person, or damage to any property, when such injury or damage results in whole or in part from the acts or omissions of the Contractor, the Contractor's employees or agents or the Contractor's subcontractor, save and except damage caused by the sole negligence of the Authority. The Contractor; and any subcontractor's used by the Contractor in connection with this Agreement, shall carry Workmen's Compensation and Employees' Liability Insurance to cover the Contractor's and any subcontractor's legal liability on account of accidents to their employees. The Contractor and any subcontractor shall carry adequate Comprehensive General Liability and adequate Comprehensive Automobile Liability Insurance covering accidents to their employees. The Contractor and any subcontractor shall carry adequate Comprehensive General Liability and adequate Comprehensive Automobile Liability Insurance covering legal liability of the Contractor and any subcontractor on account of accidents arising out of the operations of the Contractor or any subcontractor and resulting in bodily injury, inciuding death, being sustained by any person or persons, or in any damage to property. At the Authority's request, the Contractor shall furnish to the Authority certificates from the Contractor's insurers showing such coverage in effect and agreeing to give the Authority ten (10) days; prior written notice of cancellation of the coverage. 12. RISK MANAGEMENT REQUIREMENTS: The Contractor shall abide by the 3-1.7 Clayton County Water Authority September 2010 Annual Contract for Stormwater Cured In Place Pipe Rehabil'tation Division 3 Section 1: Agreement (Form Contract Forms Authority's applicable Risk Management Requirements, attached to this Agreement as Exhibit A and herby incorporated into this Agreement. 13. HOLD HARMLESS AGREEMENT: To the fullest extent permitted by law, the Contractor shall indemnify and hold harmless the Authority, and its employees from and against claims, damages, losses and expenses, including but not limited to attorneys fees, arising out of or resulting from performance of this Agreement, provided that such claim, damage, loss or expense is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the performance of the Agreement itself) including loss of use resulting thereof, but only to the extent caused in whole or in pat by negligent acts or omissions of the Contractor, a Subcontractor, anyone directly or indirectly employed by them or anyone for whose acts they may be liable, regardless of whether or not such claim, damage, loss or expense is caused in part by a party indemnified hereunder. Such obligation shall not be construed to negate, abridge, or reduce other rights or obligations of indemnity, which would otherwise exist as to a party or a person described in the paragraph. I n claims against any person or entity indemnified under this paragraph by an employee of the Contractor, a Subcontractor, anyone directly or indirectly employed bythem or anyone for whose acts they may be liable, the indemnification obligation under this paragraph shall not be limited by a limitation on amount or type of damages, compensation or benefits payable by or for the Contractor or any Subcontractor under worker's or workmen's compensation acts, disability benefit acts or other employee benefit acts. 14. TERMINATION FOR DEFAULT: 3.1.8 Clayton County Water ALithority September 2014 Annual Contract for Stormwater Cured In Place Pipe Rehabilitation Division 3 Contract Forms Section 1: Agreement Farm (a) The Authority may, subject to the provisions of subparagraph (c) below, by written notice of default to the Contractor, terminate the whole or any part of this Agreement in any one of the following circumstances; (i) if the Contractor fails to perform this Agreement within the time specified herein or any extension thereof; or (ii) if the Contractor fails to perform any of the other provisions of this Agreement, or so fails to make progress as to endanger performance of this Agreement in accordance with its terms, and does not cure such failure within a period of ten (1 0) days or longer period (as the Authority may authorize in writing) after receipt of notice from the Authority specifying such failure, (b) In the event the Authority terminates this Agreement in whole or in part as provided in subparagraph (a) above, the Authority may procure, upon such terms and in such manner as the Authority may deem appropriate, services, similar to those so terminated, and the Contractor shall he liable to the Authority for any Excess costs for the same, including without limitation all cost and expenses of the type specified in the "WARRANTY' paragraph of this Agreement; provided, that the Contractor shall continue the performance of this Agreement to the extent not terminated hereunder. (c) Except with regard to defaults of subcontractors, the Contractor shall not be liable for any excess costs if the failure to perforin this Agreement arises out of causes beyond the control and without the fault of negligence of the Contractor such causes may include, but are not limited to, acts of God, or of the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, flood, epidemics, quarantine restrictions, strikes, freight embargoes, and unusually severe weather, but in every case the failure to perform must be 3.1.9 Clayton County Water Authority September 2010 Annual Contract for 5tormwater Cured In Place Pipe Rehabilitation Division 3 Contract Forms Section 1: Agreement Form beyond the control and without the fault or negligence of the Contractor. If the failure to perform is caused by the default of a subcontractor, and if such default arises out of causes beyond the control of both the Contractor and the subcontractor, and without the fault of negligence of either of them, the Contractor shall not be liable for any excess costs for failure to perform, unless the services to be furnished by the subcontractor were obtainable from other sources in sufficient time to permit the Contractor to meet the required delivery schedule. The term "subcontractor" shall mean subcontractor at any tier. (d) If, after notice of termination of this Agreement under the provisions of this paragraph, it is determined for any reason that the Contractorwas not in default under the provisions above or that the default was excusable under the provisions of this paragraph, the rights and obligations of the parties shalt be the same as if the notice of termination has been issued pursuant to the "Termination for Convenience" paragraph of this Agreement. (e) The rights and remedies of the Authority provided in this paragraph shall not be exclusive and are in addition to any other rights and remedies provided by law or under this Agreement 15. TERMINATION FOR CONVENIENCE: The Authority may at any time by written notice terminate all or any part of this Agreement for the Authority's convenience. if this Agreement is terminated, in whole or in part, for the Authority's convenience, the Contractor shall be paid an amount, to be mutually agreed upon, which shall be adequate to cover the actual and reasonable cost paid by the Contractor for the actual goods and labor reasonably used by the Contractorto perform the work under this Agreement to the effective date of termination, plus a reasonable profit thereon; 3-1.10 Clayton Co.lmty Water Authority September 2010 Annual Contract for Stormwater Cured In Place Pipe Rehabilitation Division 3 Contract Forms Section 1: Agreement Form provided that no amount shall be paid to the Contractor for (i) any anticipatory profits related to work under this Agreement not yet performed, or (ii) costs incurred due to the Contractor's failure to terminate work as ordered on the effective date of termination. In no event shall the total amount paid under the provisions of this paragraph exceed the prices set forth in this Agreement for the work terminated. 15. DISPUTES: Pending resolution of any dispute hereunder, the Contractor shall proceed diligently with the performance of work in accordance with the Authority's direction. 17. NOTICES: All notices required or permitted to be given hereunder shall be deemed to be properly given if delivered in writing personally or sent by United States certified or registered mail addressed to the contractor or the Authority, as the case may be, with postage thereon fully prepaid. The effective time shall be a the time of maifing 18. ATTORNEYS FEES: The Contractor shall pay reasonable attorney's fees to the Authority should the Authority be required to incur attorney's fees in enforcing the provisions of this Agreement or in the collection of any monies herein required to be paid by the Contractor to the Authority. (Signatures on Next Page) 3-x.11 Clayton County Water Authority September 2010 Annual Contraot for Storrnmter Cured In Place Pipe Rehabilitation Division 3 Contract Forms Section 1: Agreement Form IN WITNESS WHEREOF this 1 their seals the day and year above first written. Executed on behalf of; day of 20ILI said parties have hereunto set CLAYTON COUNTY WATER AUTHORITY BY; �'�ILA ATTEST: AqU� TITLE: G- c -n -1-.-1 '1-0-.r.rx J "e.r _O&Aux DATE: — ( Z' ATTEST: LINDA C. ANDR DATE: I )- -`? -11) THE CONTRACTOR BYE TITLE-. IAMY PUPIEE, PIMSIUMU 3-1.12 Clayton County Water Authority Annual Contract for Stormwater Cured In Place Pipe Rehabilitation September 2010 Division 3 Contract Forms Section 1: Agreement Form EXHIBIT A CLAYTON COUNTY WATER AUTHORITY RISK MANAGEMENT REQUIREMENTS CONTRACTS FOR UP TO $40,000 CONTRACTS FOR MORE THAN $40,000 Surety Performance and Payment Bonds in the Authority's discretion where the contract amount is greater than $40,000. Insurance Required (Only if Contractor or any agent or employee of Contractor will be: Driving a vehicle during the performance of the contract; acting on behalf of the Clayton County Water Authority or performing any part of the contract on the premises of the Clayton County Water Authority.) Worker's Compensation --Worker's Compensation coverage on a statutory basis for the State of Georgia with an Employer's Liability limit of $104,000 each Accident, Disease $100,000 each employee, 5504,000 Disease policy limit. Automobile Liability - Automobile liability coverage for owned, hired and non -owned vehicles in the amount of $500,000 combined single limit. Commercial GeneraI Liability — Coverage to be provided on "occurrence" not °claims made" basis. The coverage is to include Contractual liability, Per Project Limit of Liability, losses caused by Explosion, Collapse and Underground ('xcu") perils, the "Clayton County Water Authority" is to be added as an Additional Insured and Products and Completed Operations coverage is to be maintained for three (3) years following completion of work. Surety Performance and Payment Bonds each in the amount of at least the total amount payable by the terms of the contract. Insurance Required (Only if Contractor or any agent or employee of Contractor will be: Driving a vehicle during the performance of the contract; acting on behalf of the Clayton County Water Authority or performing any part of the contract on the premises of the Clayton County Water Authority.) Worker's Compensation --- Worker's Compensation coverage on a statutory basis for the State of Georgia with an Employer's Liability limit of $1.000,000. The increased Employer's Liability limit may be provided by an Umbrella or Excess Liability policy. Automobile Liability - Automobile liability coverage for owned, hired and non -owned vehicles in the amount of $1,000,000 combined single limit. Commercial General Liability -- Coverage to be provided on "occurrence" not "claims made" basis. The coverage is to include Contractual liability, Per Project Limit of Liability, losses caused by Explosion, Collapse and Underground ("xcu") perils, the "Clayton County Water Autho rity" is to be added as an Additional Insured and Products and Completed Operations coverage is to be maintained for three (3) years following completion of work. 3-1.1 Clayton County Water Authority September 2010 Annual Contract for Stormwater Cured In Place Pipe Rehabilitation Division 3 Contract Forms Section 1: Agreement Form LIMITS OF LIABILITY: $1,000,000 Per Occurrence 51,000,000 Personal and Advertising $50,000 Fire Damage* $5,000 Medical Payments* $1,000,000 General Aggregate $1,000,DOO Products/Completed Operations per Occurrence and Aggregate *These are automatic minimums CONTRACTS FOR UP TO $40,000 CONTRACTS FOR MORE THAN $40,000 Owner's Protective Lia biIity — The Authority Management may, in its discretion, require Owner's Protective Liability in same situations. Umbrella and/or Excess Liability -- The umbrella or Excess Liability Policy may be used to combine with underlying policies to obtain the limits required. The Management of the Authority may elect to require higher limits. Owner's Protective Liability — The Authority Management may, it) its discretion, require Owner's Protective Liability in some situations. Before the state of any work, the Contractor shall furnish to the Clayton County Water Authority: 1. Certificates of Insurance manifesting that the applicable above mentioned requirements have been met. All certificates are to contain - The Name of the Insurance Company Policy Number • Policy Inception and Expiration Dates • Name and Address of Agent • Limits of Liability * Type of Insurance Coverage • Any amendment that expands or reduces standard Insurance Service Office (ISO) policy coverage * Statement that the policy applies to the project number or job concerned 3-1.2 Clayton County Water Authority September 2010 Annual Contract for 5tormwater Cured in Place Pipe Rehabilitation Division 3 Contract Form Section 1: Agreement Farm • Attach a copy of Endorsement that shows that each of the policies have been amended to provide thirty (30) days notice to certificate holders prior to termination or non -renewal and that the General Liability Policy has been endorsed to show certificate holder as additional insured, An Endorsement incorporating the Hold Harmless Agreement assumed by the Contractor under the terms of this contract, The Contractor shall be wholly responsible for securing Certificates of Insurance coverage as set forth above from all Subcontractors who are engaged in this work. END OF SECTION 3-1.3 Clayton County Water AulhoNty September 201ti Annual Contract for 5torrnwater Cured In Place Plpe Rehabilitation Division 2 Bid Re uirements Section 5: Bid Form Bid of _.. REYNot ms iirLim. LLc (Hereinafter "bidder"), organized and existing under the laws of the State of JUDIAnn doing business as LIMITED LIABILITY coxroxAxzora (insert "a corporation," "a partnership," or "an individual" or such other business entity designation as Is applicable). To the Clayton County Water Authority (hereinafter "Owner"). In compliance with the Request for Bids, Bidder hereby proposes to perform all Work for Annual Contract for Stormwater Cured In Place _Pipe, Rehabilitation in strict accordance with the Contract Documents as enumerated in the Request for Bids, within the time set forth therein, and at the prices stated below, By submission of this bid, Bidder certifies, and in the case of joint bid each party thereto certifies as to the party's own organization that #his bid has been arrived at independently, without consultation, communication, or agreement as to any matter relating to this bid with any other Bidder or with any competitor. Bidder also certifies compliance with the Instructions to Bidders. In submitting this bid, Bidder certifies Bidder is quallfed to do business in the state of Georgia as required by laws, rules, and regulations or, if allowed by statute, covenants to obtain such qualification prior to contract award. CONTRACT EXECUTION AND BONDS: The undersigned Bidder agrees, if this bid is accepted, to enter into an ,agreement with OWNER on the form included in the Documents to perform and fumish Work as specified or indicated in the Documents for the Contract price derived from the bid and within the times indicated herein and in accordance with the other terms and conditions of the Documents. Bidder accepts the terms and conditions of the Documents. INSURANCE; Bidder further agrees that bid amount(s) stated herein includes specific consideration for the specified insurance coverages, CONTRACT TIME: Bidder hereby agrees to commence work by executing the agreement within fourteen (14) 2-5.1 Clayton County Water Authority September 2090 Annual Contract for St4nnwater Cured In Place Pipe Rehabllitatlon Division 2 Bid Fie uiremente Section 5: Bid Form calendar days of Notice of Award or as specified by CCWA. Each individual project work order shall be completed within the time period as agreed to by both parties at the time of the individual project work Girder issuance, if said work is not completed within the time frame stated on the individual project work order, the Contractor shall be liable to pay to the Owner, as liquidated damages the amount of $250.00 per calendar d ay for each and every day or part of a day thereafter that said work remalns substantially incomplete for that particular individual project work order. The undersigned proposes to complete, in all respects, sound, complete and conformable with this Contract Document the following work for the following amounts. FAY ITEM SCHEDULE STORMWATER CURED IN PLACE PIPE REHABILITATION CLAYTON COUNTY WATER AUTHORITY ITEM NO. DESCRIPTION UNIT UNIT PRICE (in Figures) 1 2 3 4 5 Mobilization Emergency Mobilization County Traffic Control Plan State Traffic Control Plan Desi in calculations stamped by a Professional Engineer EA EA EA EA EA ¢ $ 1,504.00 $ 1,500.00 $ 1,400.00 $ 2 000.00 $ 250.00 6 Heavy Cleaning - up to 18 -Inch diameter LF $ 1.50. 7 Heavy Cleaning - larger than 18 -inch to 244nch diameter LF $ x.00 8 Heavy Cleaning - larger than 24 -inch to 36 -inch diameter LF $ a.SO 9 Heavy Cleaning - larger than 36 -inch to 48 -inch diameter LF $ 15.00 10 Heavy Cleaning - larger than 48 -Inch to 6D -inch diameter LF $ 20.00 11 12 13 Root Removal - up to 18 -Inch diameter Root Removal - larger than 18 -in ct: to 24 -inch diameter Root Removal - larger than 24 -inch to 36 -Inch diameter LF LF LF $ 2.00 $ 2, 00 $ 2-00, 14 Root Removal - larger than 36 -inch to 48-1nch diameter LF $ 2.00 15 Root Removal - larger than 48 -inch to 60 -Inch diameter Chernical Grouting LF $ 2,00 16 - additional mobillxaation EA $ i.,a0a.o0 2-5.2 Clayton County Water Authority September 2010 Annual Contract for 9tormwater Cured In Place Pipe Rehabilitation Division 2 Bid Re uirements Section 5: Bid Form 17 - grout application GAL $ 85.00 18 Pro liner- up to 18 -inch diameter LF $ -- 6-o0 19 ire Iiner-iargerthan 18 -inch to 24 -inch diameter ! LF LF $ 8.00 $ 11.00 iO Pre liner- larger than 24 -inch to 36 -inch diameter ; 21 Pre liner- larger than 36 -inch to 48 -Inch diameter LF $ J-3. 50 22 Pre Ilner- larger than 484nch to 60 -inch diameter LF $ 16.50 23 Bypass Pumping - 4 -inch pump DAY $ soo.00 24 Bypass Pumping - 6 -Inch pump DAY $ 1200.00 23 Bypass Pumping - 8 -inch pump DAY $ 1soo.00- 26 Bypass Pumping - 10 -inch pump DAY $ 5000.00 27 Bypass Pumping - 12 -inch pump DAY $ 7000.00 28 Cementious Grouting DY 29 - additional mobilization EA $ i-noo.co- 3Q 15 -inch dlameter Polnt Repair EA $ 1600.00, 31 18.1nch diameter Poln# Repair EA $ 1600.00 32 21 -inch diameter Point Repair EA $ _160000- 33 24 -Inch diameter Point Repair EA $ 2704.40 , 34 30 -inch diameter Point Repair EA $ 2240.00 35 36 -inch diameter Point Repair EA $ 280❑ -00 36 42 -Inch diameter Paint Repair EA $ 2$00.00 37 48 -inch diameter Point Repair EA $ 2ao0,00 38 54 -inch diameter Point Repair EA $ 3x00. o4 39 60 -inch diameter Point Repair - -- EA $ 3800.06 40 GIPP 15 -inch pipe (9.0 mm base thickness) LF $ 50.00 41 - addltional cost for each 1.5 mm change from base 1.35 thickness LF $ 42 GIPP 18 -inch pipe (9.0 mm base thickness) LF $ 63.00 43 - additional cost for each 1,5 mm change from base 2.00 thickness LF $ , 44 GIPP 21 -inch pipe (10.5 mm base thickness) LF $ 72.00 45 - additional cost for each 1.5 mm change from base 2.40 thickness LF $ 46 GIPP 24 -inch pipe (I2.0 m base thlckness) LF $ 90.40 47 - additional cost for each 1.5 mm change from base LF $ 3.00 thickness 48 CIDP 30 -inch pipe (15.6 mm base thickness) LSF $ no. 00 49 - additional cost for each 1.5 tom change from base thickness LF $ 3.50 50 GIPP 36 -inch pipe (15.6 mm base thickness) LF $ 140.00 2-5.3 Clayton County water Authority September 2010 Annual Contract for 5tormwater Cured In Place Plpe Rehab9itation Division 2 Bid Requirements Section 5: Bid Form 5,1 - additional cost for each 1,5 mm change from base thickness LF $ 4.04 52 CIPP 42 -inch pipe (18.0 mm base thickness) LF $ 185.40 53 - additional cost for each 1.5 mm change from base thickness LF $ 4.25 544 CIPP 413 -inch pipe (21.4 mm base thickness) LF $ 220.04 55 - additional cost for each 1.5 Mm change from b ----, ase thickness LF 5.20 56 61PP 64 -inch pipe (24,0 mm base thickness) LF $ 5� - additional cost for each 1.5 mm change from base i z75 00 -7-00thickness LF$ 58 CIPP 60 -inch pipe (28,0 nam base thickness) I LIF $ 345.04 - additional cast for each 1.5 mm change from base i thickness LF $ 9.44 59 Supplemental Laboratory Testing 60 - Sampling and Testing up to 15 -inch nominal diameter EA $ 254.04 i 61 - Sam plIng and Testing larger than 15 -inch nominal diameter EA 254.44 62 - Thickness Sampling and Testing larger than 15 -inch diameter EA $ 504.40 63 Supplemental CCN Inspection _ LF $ 3.44 ADDENDA: Bidder acknowledges receipt of the following Addenda: #i DATED 1-415 1 203-0 SURE'L'Y: If Bidder is awarded an 'individual project work order that is $140,00() or more in value the Contractor under this construction contract for this Bid, will be required to provide Performance and Payment Bands prior to the commencement of that individual project work order. Such work small not commence until proper approval of such bonds has been given by CGWA. 2-5.4 Clayton County Water Autihodty September 2010 Annual Contract fDr S'ormwater Cured In Placa Pipe Rehabilitation Division 2 Bid Requirements Section S: Bid Form Submitted by; T REMLD5 7 HLIN t, LLC (NAME OF BIDDER) By: (SIGNA RE) 1,AnY PUME, PMSMFM (TITLE) ac•MUR 14, 2010 (DA TE) (SEAL_) (ATTEST) (ADDRESS) LMA C. AMRY, IVISMATZVE ASSISTAu"P 812,865.3232 (PHONE NUMBER) 812.865.3075 (FALX NUMBER) uc30J.7.35 (LICENSE NUMBER) (if applicable) - 1purlee@reynoldeitne.com (E-MAIL ADDRESS) TEND OF SECTION 2-5,5 Clayton County Water Authority Annual Contract for 5tormwater Cured In Place Pipe Rehabilitation September 2010 Division 3 Contract Forms Section 4: Cath of Successful Bidder STATE OF INDIANA COUNTY 4F ORA=E Personally appeared before the undersigned officer duly authorized by law to administer oaths 10 *046) 0 IRM C 100 Mam-00A who, after being first duly sworn, depose and say that they are all the officers, agents, persons or employees who have acted for or represented REMUS IMLINER, LLC in proposing or procuring the Contract with the Clayton County Water Authority on the following Project: Annual Contract for Stormwater Cured In Place Pipe Rehabilitation and that said LARRY PURLEE. PRESIDENT has not by (himself, themselves) or through any persons, officers, agents or employees prevented or attempted to prevent by any means whatsoever competition in such bidding; or by any means whatsoever prevented or endeavored to prevent anyone from making a proposal therefore, or induced or attempted to induce another to withdraw a bid for said work. ATTEST: By: O�_ Name ALICIA GIESLER Title: AsslsTmT sEGidL'TARY By: REYNOLDS IHLIM LLC der Name iA LEE Title: PRESIDM Sworn to and subscribed before me this 24TH day of NOmmER 2g ao . Notary Public: U& P, Lm My Commission expires: END OF SECTION 2/512Gl7 L1�111'1' .UN AG. ANLRY ��dngo (,Qliilt]� My Ca.......r, Expiras r�., r©bruary 5, 2017 3-4.1 91116/201 0 EXHIBIT `B" BID FROM CONTRACTOR PROPOSAL Date: 912312011 To: Mr. Carter Lucas, PE Project: Hopewell Rd 42" CIDP City of Milton Owner: City of Milton Bid Date: 912312011 We are pleased to provide the following pricing for the subject project Please contact us if you at 678.735.0033 if you have any questions or require additional information. BID EST UNIT EXTENDED ITEM DESCRIPTION UNIT QTY PRICE PRICE 3 County Traffic Contro EA 1 $ 1,400.00 $ 1,400.00 9 Heavy Cleaning 36 to 48" LF 82 $ 15.00 $ 1,230.00 21 €'rellner 36 to 48" LF 82 $ 13.50 $ 1,107.00 52 CIDP 42" (18mm Base) LF 82 $ 185.00 $ 15,170.00 53 Additional 1,5mm Thickness LF 82 $ 4.25 $ 348.50 fit Thickness Testing X15" EA 1 $ 500.00 $ 500.00 TOTAL ESTIMATED CONTRACT Stipulations: Ownerto Prow'de a(Inecessary access, easements, andpormits. Restoration, grading, and final dress by others. Reynolds Inliner, LLC 2090 Tucker Industrial Road, Suite A-1, Tucker, GA 30084 Phone: 678.735.0033 Fax: 678.935.5090 $ 19, 755. so EXHIBIT "C" BONDS TRAVELERS September 27th, 2011 City of Milton 13000 Deerfield Parkway, Suite 107G Milton, GA 30004 RE: REYNOLDS INLINER, LLC PROJECT: Cured In -Place Pipe Lining Under Hopewell Road BOND NO.: 145681961 To Whom It May Concern: Bond & Financial Products 7465 W. 132°d Street Overland Park, KS Phone: (913)442-5392 Fax: (866)842-3972 This letter will serve to confirm, that as the surety representative of the Travelers Casualty and Surety Company of America, the surety company listed on the above referenced Performance and Payment Bonds and corresponding powers of attorney, it is acceptable to the surety for a representative of either City of Milton or engineer to date the bonds and corresponding powers of attorney. At the time the bonds were issued, it had been determined a contract date had not been issued; therefore if there is not a contract date, we are unable to date the bonds and corresponding powers of attorney. If you have any questions or concerns relating to this matter, please feel free to give us a call. TRAVELERS CASUALTY AND SURETY CU PANY OF AMERICA (::5Mitchell, Attorney -in -Fact TJM:dy Enclosure .�4 POWER OF ATTORNEY TRQVELE" ►�p S J Farmington Casualty Company 5t. Paul Mercury Insurance Company Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company Fidelity and Guaranty Insurance Underwriters, Inc. Travelers Casualty and Surety Company of America St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company St. Paul Guardian Insurance Company Attorney -In Fact No. 220048 Certificate No. 0 0 4 `i ? 2 7 6 2 KNOW ALL MEN BY THESE PRESENTS: That St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company and St. Paul Mercury Insurance Company are corporations duly organized under the laws of the State of Minnesota, that Farmington Casualty Company, Travelers Casualty and Surety Company, and Travelers Casualty and Surety Company of America are corporations duly organized under the laws of the State of Connecticut, that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of tate State of Maryland, that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc.. is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint Deborah A. Yates, Steven M. Garrett, William A. Kantlehner III, Thomas J. Mitchell, Jeffrey A. Brown, Diane L. Phelps, S. Annette Mullet, Roger A. Neal, and Linda Kapfhammer of the City of Louisville . State of Kentucky their true and lawful Attorneyisl-in-Fact. each in their separate capacity if more than one is named above, to sign. execute, seal and acknowledge any and all bonds, recognisances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performmru:e of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law,. Not limited to a specific dollar amount. IN WITNESS WHEREOF, the Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this day of August 2011 Farmington Casualty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. St. Paul Fire and Marine Insurance Company St. Paul Guardian Insurance Company 12th St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company -_Y • °[' 6r'. ^. P ........... ay e1� mL it `C O g 6 Y PPA �'r V ii O 7e ��77 WCIXiF1'1R4iEn ?'� m€ ��°R A)rs� trtr; i 9 8 2 ❑ z •_ . n g a HARiFlpHO, t Hi9'rFaiCl, � d b State of Connecticut City of Hartford ss. By: Georgi Thompson,nJ President On this the 12th day of August 2011 before me personally appeared George W. Thompson, who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that he, as such. being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himseIf as a duly authorized ofticer. In Witness Whereor, I hereunto set my hand and official seal.fo* W wr V My Commission expires the 30th day of June, 2016. `G * Marie C. Tetreault Notary Public 56440-6-11 Printed in U.S.A. WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER Bond No. 105681961 PERFORMANCE BOND CITY Of MILTON, GEORGLA XNOW ALL MEN BY THESE PRESENTS THAT Reynolds lnliner, LLC (as Travelers Casualty and Surety Company of America Construction Services, Travelers Sona & Financial Products CONTRACTOR. bereiaafmr.m,%rred to as the"Principal„), and one Tower square, (as Hart or , CT 06183 SURETY COMPANT, heieitwfter referred to as the "CON` R C"[`O 'S SURETY"), are held and fun-dy hound unto the City sof Milton, Georgia (as OWNER, heTeixAxer reftnyd to as the "City"), for the use and benefit trf any "Claimant," as herei.nafwx defined, in the sum sof nineteen thousand nine hundred ninety-nine Dollars ($19,000.40), lawful ixmey of the Unite States of America, for the payment of which the Pdn6pal and the Contractor's Surety bind themselves, their heirs, exect,itors, administrators, and asci, -n5, jointly and severally, firmly by these presents - WHEREAS, S, the Prindpal har, entered, or is about to enter, into a. cextain writtm agreement with the City, dated the 2 of Oc.k- c " ,:2011 11 whioh is incorporated hff,mia by reference in its entirety (hereinafter referrers to as the "CONTRACT"). for the Qonstmetion of a project known as Cured in-place pipe lining under ffopewell Road, (berei.nsfter referwd to as "the PROJECT"). NOW THEREFORE, the condition of this obligation ore as follows, That if the Principal shall fully and cumpletcly perform each and all of the terms, provisions and requirements of the Contract, including and during The period of any wwanties or guarantees required thexe=dcr, and all modifications, uneudrnents, changes, deletions, additions, and alterations thereto that may herr,aft -he uratic, and if the Principal and the Contractor's Satery shall Bond No. 105581.961 indemnify and hold harmless the City from any and all losses, liability and damages, claims, ,judgments, liens, costs and fees of every description, including but not limited to, any damages for delay, which the City may incur, sustain or suffer by reason of The failure or default on the part of the Prix,cipal to the performance of any and all of the terra, provisions and requirements of the Contract, including all modifications, amendments, changes, deletions, additions, and alterations thereto and any warranties or guamatees required thereunder, then this obligation shall be void; otherwise to remain in full Force and effect; 2. In the event of a failure of performance of the Contract by the Principal, which shall include, but not be limited to, any breach of default ref the Contract: a. The Contractor's Surety shall commence performance of its obligations and undertakings under this Brand no later than thirt`_v (3C) clays after written notice from the City to the Contractor's Surety, and b. The means, method or procedure by which the Contractor's Surety undertakes to perform its obligations under this bond shall be subject to the advance written approval of the City. The Contracwr's Surety hereby waives notice of any and all modifications, omissions, additions, changes and advance payments or deferred payments in or about the Contract, and agrees that the obligations undtrtakeu by this Bond shall not be impaired in any manner by reason of any such modifications, omissions, additions, changes, and advance payments or deterred payments, The Parties further expressly agree that any action on this Bond may be brought within the time allowed by Creorgia law for suit on contracts under seal. IN WITNESS W]HREQF, the principal and Contractor's Surety have hereunto affixed 25 Bond No. 105681961 their corporate seals and caused this obligation to be signed by their duly authorized officers Dr attorneys -in -fact, thisAday of , 2011. Attest: G..r tic: m Date: q, Attest: AdHa M. Russe bate: (Reynolds Inliner, LLC.) gay: r Title: 1 i i (SEAL) (Narae of Contractor's Surety) Travelers Casualty and Surety Company of America ❑ as �7. Mitchell Title A t rney-Tn.Fact {A17 Gary D. Eklund Marsh U S A 3560 Lenox Road NE Suite 2400 Atlanta, GA 30326 (ATTACH S=Y' S POWER OP A i TORNF-Y) COUNTERSIGNED Z ■ �A. POWER OF ATTORNEY TRAVELERSJ Farmington Casualty Company St. Paul Mercury Insurance Company Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company Fidelity and Guaranty Insurance Underwriters, Inc. Travelers Casualty and Surety Company of America St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company St. Paul Guardian Insurance Company Attorney -In Fact No. 220048 CertiCcate No. 0044721 67 KNOW ALL MEN BY THESE PRESENTS: That St. Paul Fine and Marine Insurance Company, St. Paul Guardian Insurance Company and St. Paul Mercury Insurance Company are corporations duly organized under the laws of the State of Minnesota, that Farmington Casualty Company, Travelers Casualty and Surety Company. and Travelers Casualty and Surety Company ofAmerica are corporations duly organized under the laws of the State of Connecticut, that United States Fidelity and Guaranty Company is a corporation duly organised under the laws of the State of Maryland, that Fidelity and Guaranty Insurance Company is a corporation duly organized under the Iaws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc., is a corporation duly organized under the laws of the State of Wisconsin {herein collectively called the "Companies" ), and that the Companies do hereby make, constitute and appoint Deborah A. Yates, Steven M. Garrett, William A. Kantiehner III, Thomas J. Mitchell, Jeffrey A. Brown, Diane L. Phelps, S, Annette Mullet, Roger A. Neal, and Linda Kapfhammer of the City of Loui.,wille , State of Kentucky , their true and lawful Attorneys) -in -Fact, each in their separate capacity if more than one is named above, to sign, execute, seal and acknowledge any and all bonds, recognizances. conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. Not limited to a specific dollar amount. IN WITNFSS WHEREOF, the Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this day of August 201 1 Farmington Casualty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. St. Paul Fire and Marine Insurance Company St. Paul Guardian Insurance Company 12th St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company pASG,{[ L�kf �6 tiT�..�Rs6 R�1HSlryj 3P SV Riyp WA SLBpIy �tY� OS n Ci •'."n/NWIF� P ��fCpRCOR,�te-y W-�puaq�:A; � r���� � I ��� �; n a+ -a n CONN• 9�1�LAWf. A8 m t89ii � �,5 y � 7?��1 a SEAL�e y•881Ci.:'s Y a �y . ��'� ?� N �s��nNc'�c y°'1$, '��� moo'[ ..•ate i• �.+� �; v�`� State of Connecticut City of Hanford ss. I3y: Georg ' Thompson,nie,r 'ice Mesiden� On this the 12th day of August 2011 before me personally appeared George W. Thompson, who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters. Inc., St. Paul Fire and Marine insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that he, as such, being authorized so to do. executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. o ew* In Witness Whereof, I hereunto set my hand and official seal. )n & wk 0. - LJ My Commission expires the 30th day of June, 2016. Marie C. Tetreau It, Notary Public 58440-6-11 Printed in U.S.A. WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER Bond Na. 105681961 PAYM NT BOND CITY OF MMTON, GEORGIA. KNOW ALL MEN BY TIME PRESEN IS THAT Reynolds Miner, LLC (as CO NTRACT R, ber.inafter referred to as the `Trincipal"), and -- Travelers Casualty and Surety Company of America Construction Services, Travelers Bond & Financial Products One mower Square, Hartford, CT ❑6.1838 0 `ilrETY COMPAI F`i�, bereinafter ref=d to as the `'CONTRACTOR'S SURETY"), are: h4rAd and firraly bound punto the City of Milton. Georgia (as OWNRI . bercinafter referred to as thn "City";, for The rase and beatefit of any " Claitant," as hereinafter defined, in the sum of nmete a thousand nine hundred nintty- nine Dollars ($19,999.0()), lawful money of the United Stated of America, for th3 payment of which the Principal and tha Contractor's Starety bind thernsclve,,% their heirs, execut4ors, aduibiistrstors, succossois and assigns, jointly orad severally, fu-nly by Chest~ presents. WHEREAS, the Principal has entered, ar is about to eutcr, into a certain written agreement with the City, darexi I VI S i 11. , which is incorporated herein by reference in i s enti y (hereinafter referred to as the "CONTRACT"), for the construction of a project known as Cured in-place pipe lining harder Hopewell Road (kerewafter referred to as "tlie PROJECT-), NOW THEREFORE, the condition of this obligation is such that if the Principal shall prornpdy snake payrns,nt to any Claimant, as fleminafter defined, for all labor, services and materials used € r reasonably required for use in the performance of the Contract, then this obligation shall bt void; otherwise to zemain in full farce and effect. A "Claimant' shall lac defined lrcrein as any Subcotatractor, person., Party, partnership, Bond No. 105681961 corporation or other entity furnishing labor, wnrices or m terisls used or reasonably required for use in the performance of the Contract, without regard to whether such la. or, services or rnateHzIs were sold, Leased or rented, and without regard to wheflw such Claimant is or is not in privity of the Contract with the Principal or any Subcontractor performing Work or; the Prejcm In The event of any claim. Made by (be Claimant against (he City, or the filing of a Licit against the properly of the City affected by the Contract, the Contractor's Surety shall either settle or resolve the Claim and shall mmove any such Lien by hoed or otherwise as provided in the Contract, The k' tics further expressly agrex that any action on this Fiona may be, brought witLn the time allowed by Georgia lair for shit on contracts under seal. IN WUNESS WHEREOF, the l'rmmpal and C€ nu-aacxor's S=ty have herreur:to afficod their corporate seals and caused this obligation to be Signed by their duly autborized officer an t � day Of - �:�..... , 2011, 77 �J 1 Title: � 1 TYl[1 3e r (SEAL) (Signatures Continued on next Page) Atter Date: 01 ? c, • { L Attest! 1� 1• Anna M. Russe Date: Bond No. 105581.961 (NAME of Contractor's Surety) Travelers Casualty and Surety Company of America 6JThony<s/J. Mitchell Title:Att r y -In -Fact i, k'EAT.,} Gary D. Eklund Marsh U 5 A 3560 Lenox Road NE Suite 2400 Atlanta, GA 30326 (AM"SUt SURETY'S POWER OF ATTORNEY) COUNTERSIGNED Sy': In RAIDNT AGENT a�R POWER OF ATTORNEY TRA yl► ELERS J Farmington Casualty Company St. Paul Mercury Insurance Company Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company Fidelity and Guaranty Insurance Underwriters, Inc. Travelers Casualty and Surety Company of America St. Paul Fire and Marine insurance Company United States Fidelity and Guaranty Company St. Paul Guardian Insurance Company Attorney -In Fact No. 220048 Certificate No. 0 0 4 4 7 2 7 6 6 KNOW ALL MEN BY THESE PRESENTS: That St. Paul Fire and Marine Insurance Company, St- Paul Guardian Insurance Company and St. Paul Mercury Insurance Company are corporations duly organized under the laws of the State of Minnesota, that Farmington Casualty Company, Travelers Casualty and Surety Company, and Travelers Casualty and Surety Company of America are corporations duly organized under the laws of the State of Connecticut, that United States Fidelity and Guaranty Company 1s a corporation duly organized under the laws of the State of Maryland, that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc., is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies"). and that the Companies do hereby make. constitute and appoint Deborah A. Yates, Steven M. Garrett, William A. Kantlehner ill, Thomas J. Mitchell, Jeffrey A. Brown, Diane L. Phelps, S. Annette Mullet, Roger A. Neal, and Linda Kapthammer of the City of _ L.ouisville , State of Kentucky , their true and lawful Attorneys) -in -Fact, each in their separate capacity if more than one is named above, to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. Not limited to a specific dollar amount. IN WITNESS WHEREOF, the Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this day of August 2011 Farmington Casualty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. St. Paul Fire and Marine insurance Company St. Paul Guardian Insurance Company State of Connecticut City of Hartford ss. 12th St. Paul Mercury insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company Goo p�p�p, ;Fe F Rm7 y li}� 13y: Georg Thompson, nior ice President Oil this the 12th day of August 2011 before me personally appeared George W. Thompson, who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company. St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that he. as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. ew* In Witness Whereof, I hereunto set my hand and officialseal-My Commission expires the 30th day of June, 2D16. htaric C- Tecreaultr Notary Pubiic 58440-6-11 Printed in U.S.A. WARNING: THIS POWER OF ATTORNEY 18 INVALID WFrHOUT THE RED BORDER EXHIBIT "D" f RESERV_ EDl 27 EXHIBrr "E" STATE OF GEORGIA CITY OF MILTON 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 contracting with the City of Milton has registered with and is participating in a federal work authorization program, in accordance with the applicability provisions and deadlines established in O.C.G.A. § 13-10-91. The undersigned further agrees that, should it employ or contract with any subcontractor(s) in connection with the physical performance of services pursuant to this contract with the City of Milton, contractor will secure from such subcontractor(s) similar verification of compliance with O.C.G.A. § 13-10-91 on the Subcontractor Affidavit provided in Rule 300-10-01-.08 in the form attached hereto as Exhibit "F" Contractor further agrees to maintain records of such compliance and provide a copy of each such verification to the City of Milton at the time the subcontractor(s) is retained to perform such set -vice. 47111 EEV 1 Basic Pii gram ser Identification Number BY: AuthoiLAgent Date n(Reyzalds District Manager Title of Authorized Officer or Agent of Contractor Shannon Herford Printed Name of Authorized Officer or Agent SUBSCRIBID AND SWORN AM RE - ON THIS THE DAY 2011 _ R / I 1 --- C Notary Public My Commission Expires: 28 STATE OF GEORGIA CITY OF MILTON EXHIBIT "F" 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 itz the physical performance of services under a contract with (name of contractor) on behalf of the City of Milton has registered with and is participating in a federal work authorization program, in accordance with the applicability provisions and deadlines established in O.C.G.A. § 13-I0-91. 20235482 E4orized roc rani User entification Number B Off r A ogent Date North American Pipeline Management, Inc_ (Subcontractor Name) President Title of Authorized Officer or Agent of Subcontractor Dorelly A. Herford Printed Name of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFRE ME ON TKIS THF, ?0 _ DAY OF Notary Public My Gam & i r�!QTARY PUBLIC ,""'BB COUNTY i ATE OF GEORGIA Cunri,ission Expires June 1$, 2015 29 CERTIFICATE The undersigned, Steven F. Crooke, hereby certifies that he is the duly elected, qualified, and acting Secretary of Reynolds, Inc., an Indiana corporation (the "Company"), and as such is familiar with the books and records of said Company, and does hereby certify that the resolutions set forth below were adopted by Minutes of Action Taken in Lieu of a Meeting of the Board of Directors of said Company by written consent, dated as of August 1, 2011, that the following is a true and correct copy of such resolutions as they appear in the minute books of the Company, and that such resolutions are in full force and effect Authority To Enter Into Contracts WHEREAS, the directors deem it in the best interests of the Company to state the bid, contract and purchase order limits of the various officers and employees of the Company. Now, TnEREFoRE, BE IT RESOLVED, that effective as of March 1, 2010, and in lieu of all previous actions of the Board of Directors, the authority of the following officers and employees of the Company to (i) accept customer purchase orders and affix the corporate seal thereon; (ii) issue bids and/or enter into contracts with customers; and (iii) enter into contracts with venders in connection with the sale of the Company's products and services and the purchase of supplies and equipment (other than purchases of capital equipment), in the name of and on behalf of the Company, shall be for an amount up to and including the amount set forth beside each of their titles in the following schedule: Title Amount Chief Executive Officer....................................................................... $15,000,000 President.............................................................................................. $10,000,000 Vice President........................................................................................ $5,000,000 Assistant Division Manager, District Manager or Branch Manager..... $1,000,000 FURTHER RESOLVED, that the chief executive officer, president or vice president of the Company may delegate the authority to enter into contractual commitments which they are authorized to execute pursuant to these resolutions to any other officer, assistant division manager, district manager, branch manager or other employee of the Company and may, as requested by any third party, indicate such delegation by addressing a letter or other written document to such third party, FURTHER RESOLVED, that prior to execution thereof, pursuant to the preceding resolution, any contract in excess of the authorized limits granted herein must be approved by any two members of the Board of Directors; provided, however, that the execution of any contract in accordance with the preceding resolution may be considered by all third parties to be conclusive evidence that all appropriate authority pursuant to these resolutions has been granted. FURTHER RESOLVED, that the secretary, any assistant secretary, or any other officer of the Company be, and they hereby are, authorized to certify a copy of these resolutions, and any customer of the Company is hereby authorized to rely upon said certificate as so presented. IN WITNEss WHEREOF, Steven F. Crooke has hereunto set his hand and affixed the corporate seal of Reynolds, Inc. this 66 day of September, 2011. z C'Steven F. Crooke, Secretary se •, •..... +rr *. City of Milton PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT is effective as of this day of , 2011, by and between the CITY OF MILTON, a municipal corporation of the State of Georgia, acting by and through its governing authority, the Mayor and Council of the City of Milton ("City"), and Moreland Altobelli Associates, Inc. a Georgia Corporation, ("Consultant"), collectively referred to as the "Parties". WITNESSETH THAT: WHEREAS, the City desires to retain Consultant to provide certain services generally described as FY 11 Professional Parks and Rec Planning Services (Multiple Contracts) 11-PR02; and WHEREAS, the City finds that specialized knowledge, skills, and training are necessary to perform the Work contemplated under this Agreement; and WHEREAS, the Consultant has represented that it is qualified by training and experience to perform the Work; and WHEREAS, the Consultant desires to perform the Work under the terms and conditions set forth in this Agreement; and WHEREAS, the public interest will be served by this Agreement; and NOW, THEREFORE, the Parties hereto do mutually agree as follows: I. SCOPE OF SERVICES AND TERMINATION DATE A. Pro'ect Description FYI Professional Parks and Rec Planning Services (Multiple Contracts) 11-PR02. B. The Work The Work to be completed under this Agreement (the "Work") is described in Exhibit A, attached hereto and incorporated herein by reference, and the Consultant's response (Exhibit B, attached hereto and incorporated herein by reference). In the event of a conflict among the terms of this Agreement, Exhibit A and Exhibit B, the terra that is most advantageous to the City shall govern. This obligation of Consultant includes, but is not limited to, compliance with all applicable standards, orders, or requirements issued under Section 306 PG. 1 Ciry or mdk of the Clean Air Act (42 U.S.C. 1857(h)), Section 508 of the Clean Water Act (33 U.S.C. 1368), Executive Order 11738, Environmental Protection Agency regulations (40 CFR Part 15), and mandatory standards and policies relating to energy efficiency that are contained in Georgia's energy conservation plan issued in compliance with the Energy Policy and Conservation Act (Pub. L. 94-163, 89 Stat. 871). C. Schedule, Completion Date, and Term of Agreement Consultant warrants and represents that it will perform its services in a prompt and timely manner, which shall not impose delays on the progress of the Work. This Agreement shall commence as of the date first written above, and the Work shall be completed on or before (90) days thereafter. The completion date can only change if mutually agreed to by both parties. II. WORK CHANGES A. 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 executed by the Consultant 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 Consultant shall proceed with the changed work. B. 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 Consultant. C. The City Manager has authority to execute without further action of the City of Milton Mayor and 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 total amount to be paid under this Agreement, as set forth in Section III(B) below. Any such change orders materially altering the terms of this Agreement or increasing the total amount to be paid under this Agreement in excess of $25,000 must be approved by resolution of the City of Milton Mayor and Council. III. COMPENSATION AND METHOD OF PAYMENT A. City agrees to pay the Consultant for the services performed and costs incurred by Consultant upon certification by the City that the services were actually performed and costs actually incurred in accordance with the Agreement. Compensation for services performed and reimbursement for costs incurred shall be paid to the Consultant upon receipt and approval by the City of invoices setting forth in detail the services performed and costs incurred. Invoices shall be submitted on a monthly basis, and such invoices shall PG. 2 � Cigpl Migon reflect charges incurred versus charges budgeted. Any material deviations in tests or inspections performed, 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 handle through change orders as described in Section II above. The City shall pay the Consultant within thirty (30) days after approval of the invoice by City staff. B. The total amount paid under this Agreement as compensation for services performed and reimbursement for costs incurred shall not, in any case, exceed $42,500 except as outlined in Section II(C) above. The compensation for services performed shall be based upon a flat fee. C. Reimbursement for costs incurred shall be limited as follows. Long distance telephone and telecommunications, facsimile transmission, normal postage and express mail charges, photocopying time shall be at cost. Supplies and outside services, transportation, lodging, meals and authorized subcontracts shall be at cost plus no more than a 10% administrative burden. Automobile mileage shall be no more than the current deductible rate set by the Internal Revenue Service. IV. COVENANTS OF CONSULTANT A. Expertise of Consultant Consultant 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 services in pursuit of the timely and competent completion of the Work undertaken by Consultant under 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 principals of Consultant's profession and industry, Consultant will give written notice immediately to the City. C. City's Reliance on the Work The Consultant acknowledges and agrees that the City does not undertake to approve or pass upon matters of expertise of the Consultant and that; therefore, the City bears no responsibility for Consultant's services performed under this Agreement. The Consultant acknowledges and agrees that the acceptance of PG. 3 Crty d Milm designs, plans, and specifications 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 Consultant's performance. Consultant further agrees that no approval of designs, plans, or specifications by any person, body or agency shall relieve Consultant of the responsibility for adequacy, fitness, suitability, and correctness of Consultant's professional and industry standards or for performing services under this Agreement in accordance with sound and accepted professional and industry principals. D. Consultant's Reliance of Submissions by the City Consultant must have timely information and input from the City in order to perform the services required under this Agreement. Consultant is entitled to rely upon information provided by the City, but Consultant shall be required to provide immediate written notice to the City if Consultant knows or reasonably should know that any information provided by the City is erroneous, inconsistent, or otherwise problematic. E. Consultant's Representative Chris Kingsbury, RLA shall be authorized to act on Consultant's behalf with respect to the Work. as Consultant's designated representative. F. Assignment of Agreement The Consultant covenants and agrees not to assign or transfer any interest in, nor delegate any duties of this Agreement, without the prior express written consent of the City. As to any approved subcontractors, the Consultant shall be solely responsible for reimbursing them and the City shall have no obligation to them. G. Responsibility of Consultant and Indemnification of City The Consultant covenants and agrees to take and assume all responsibility for the services rendered in connection with this Agreement. The Consultant shall bear all losses and damages directly or indirectly resulting to it on account of the performance or character of the services rendered pursuant to this Agreement. Consultant shall defend, indemnify and hold harmless the City, its officers, boards, commissions, elected officials, employees and agents from and against any and all claims, suits, actions, liability, judgments, damages, losses, and expenses, including but not limited to, attorney's fees, which may be the result of willful, negligent or tortious conduct arising out of the Work, performance of contracted services, or operations by the Consultant, any subcontractor, anyone directly or indirectly employed by the Consultant or subcontractor or anyone for whose acts the Consultant or subcontractor may be liable, regardless of whether or not the offending act is caused in part by a party indemnified hereunder. 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 the City or any of its agents or employees, by any employee of the Consultant, any subcontractor, anyone directly or indirectly employed by the Consultant or subcontractor or anyone for whose acts the 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 the Consultant or any subcontractor PG. 4 Cay 01 mll under workers' or workmen's compensation acts, disability benefit acts or other employee benefit acts. This obligation to indemnify and defend the City, its members, officers, agents, employees and volunteers shall survive termination of this Agreement. H. Independent Contractor Consultant hereby covenants and declares that it is engaged in an independent business and agrees to perform the services as an independent contractor and not as the agent or employee of the City. The Consultant agrees to be solely responsible for its own matters relating to the time and place the services are performed; the instrumentalities, tools, supplies and/or materials necessary to complete the services; hiring of Consultants, agents or employees to complete the services; and the payment of employees, including compliance with Social Security, withholding and all other regulations governing such matters. The Consultant agrees to be solely responsible for its own acts and those of its subordinates, employees, and subcontractors during the life of this Agreement. Any provisions of this Agreement that may appear to give the 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 the City with regard to the results of such services only. I. Insurance (1) Requirements: The 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 the Consultant, its agents, representatives, employees or subcontractors. All policies shall be subject to approval by the City Attorney 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 limits no less than: (a) Comprehensive General Liability of $1,000,000 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 there from. (b) Comprehensive Automobile Liability (owned, non -owned, hired) of $1,000,000 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) Professional Liability of $1,000,000 limit for claims arising out of professional services caused by the Consultant's errors, omissions, or negligent acts. (d) Workers' Compensation limits as required by the State of Georgia and employers PQ 5 C4 Of Mi1w Liability limits of $1,000,000 per accident. (3) Deductibles and Self -Insured Retentions: Any deductibles or self-insured retentions must be declared to and approved by the City. (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, its officials, employees, agents and volunteers are to be covered as insured as respects: liability arising out of activities performed by or on behalf of the Consultant; products and completed operations of the Consultant; premises owned, leased, or used by the Consultant; automobiles owned, leased, hired, or borrowed by the Consultant. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officials, employees, agents or volunteers. (ii) The Consultant's insurance coverage shall be primary noncontributing insurance as respects to any other insurance or self-insurance available to the City, its officials, employees, agents or volunteers. Any insurance or self-insurance maintained by the City, its officials, employees or volunteers shall be excess of the Consultant'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, its officials, employees, agents or volunteers. (iv) Coverage shall state that the Consultant'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, its officials, employees, agents and volunteers for losses arising from work performed by the Consultant for the City. (vii) All endorsements to policies shall be executed by an authorized representative of the insurer. (b) Workers' Compensation Coverage. PG. 6 The insurer will agree to waive all rights of subrogation against the City, its officials, employees, agents and volunteers for losses arising from work performed by the Consultant 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. (iii) 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(G) of this Agreement. (5) Acceptabilily of Insurers: Insurance is to be placed with insurers with an A.M. Bests' rating of no less than A: VII. (6) Verification of Coverage: Consultant 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 certificates of insurance and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificate of insurance and endorsements shall be on a form utilized by Consultant's insurer in its normal course of business and shall be received and approved by the City prior to execution of this Agreement by the City. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. The Consultant 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: Consultant shall include all subcontractors as insured 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 insured. (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. (9) City as Additional Insured and Loss Payee: PG. 7 1(cnr or The City shall be named as an additional insured and loss payee on the general liability policy required by this Agreement. J. Employment of Unauthorized Aliens Prohibited It is the policy of City that unauthorized aliens shall not be employed to perform work on City contracts involving the physical performance of services. Therefore, the City shall not enter into a contract for the physical performance of services within the State of Georgia, unless the Contractor shall provide evidence on City -provided forms, attached hereto as Exhibits "D" and "E" that it and Contractor's subcontractors have within the previous twelve (12) month period conducted a verification of the social security numbers of all employees who will perform work on the City contract to ensure that no unauthorized aliens will be employed. The City Manager or his/her designee shall be authorized to conduct an inspection of the Contractor's and Contractor's subcontractors' verification process to determine that the verification was correct and complete. The Contractor and Contractor's subcontractors shall retain all documents and records of its verification process for a period of three (3) years following completion of the contract. This requirement shall apply to all contracts for the physical performance of services where more than three (3) persons are employed on the City contract. 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 its 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 order the Contractor to terminate or require its subcontractor to terminate that person's employment immediately and to report same to the Department of Homeland Security. The Contractor's failure to terminate the employee, or otherwise cooperate with the investigation may be sanctioned by termination of the contract, and the Contractor shall be liable for all damages and delays occasioned by the City thereby. Compliance with the requirements of Q.C.G.A. § 13-10-91 and Rule 300-10-1-.02 is mandatory. Contractor's compliance with the requirements of D.C.G.A. § 13-10-91 and Rule 300-10-1-.02 shall be attested by the execution of the contractor's affidavit attached as Exhibit "D." 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) Records shall be established and maintained by the Consultant in accordance with requirements prescribed by the City with respect to all matters covered by this Agreement. Except as otherwise authorized, such records shall be maintained for a period PG. 8 of three years from the date that final payment is made under this Agreement. Furthermore, all records shall be retained for three years after final payment and closing of all other pending matters or until any audit findings have been resolved, whichever is later. (b) All costs shall be supported by properly executed payrolls, time records, invoices, contracts, or vouchers, or other official documentation evidencing in proper detail the nature and propriety of the charges. All checks, payrolls, invoices, contracts, vouchers, orders or other accounting documents pertaining in whole or in part to this Agreement shall be clearly identified and readily accessible. (2) Reports and Information: Upon request, the Consultant shall furnish to the City any and all statements, records, reports, data and information related to matters covered by this Agreement in the form requested by the City. (3) Audits and Inspections: At any time during normal business hours and as often as appropriate, the City, the Federal Highway Administration, the Comptroller General of the United States, or any of their duly authorized representatives shall have access to any books, documents, papers, and records of Consultant that are directly pertinent to this Agreement for the purpose of making audit, examination, excerpts, and transcripts of same. L. Conflicts 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. M. Confidentiality Consultant 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, consultants, and/or staff to likewise protect such confidential information. The Consultant agrees that confidential information it 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 the City. The Consultant shall exercise reasonable precautions to prevent the unauthorized disclosure and use of City information whether specifically deemed confidential or not. N. Compliance with Laws Regulating Illegal Aliens The United States Congress enacted the Immigration Reform and Control Act of 19$5 (IBCA), P.L. 99- 603, which required the former Immigration and Naturalization Service (now the Department of Homeland PG. 9 -"C .. 4 cnr of en�iwn Security) to establish a system for verifying the immigration status of non -citizen applicants for, and recipients of, certain types of federally funded benefits, and to make the system available to Federal, State, and local benefit -issuing agencies and institutions that administer such benefits. The Consultant covenants and declares that it is enrolled in the Basic Employment Verification Pilot Program, and that it has verified the employment eligibility of all its employees utilizing such program. Consultant shall likewise require all subcontractors or sub -consultants to verify the employment eligibility of all their respective employees utilizing the Basic Employment Verification Pilot Program. Consultant shall provide documentation prior to commencing work under this Agreement, in a farm acceptable to the City, affirming the Consultant's compliance with this Section. U. Licenses, Certifications and Permits The Consultant covenants and declares that it has obtained all diplomas, certificates, licenses, permits or the like required of the Consultant by any and all national, state, regional, City, local boards, agencies, commissions, committees or other regulatory bodies in order to perform the services contracted for under this Agreement. All work performed by Consultant under this Agreement shall be in accordance with applicable legal requirements and shall meet the standard of quality ordinarily expected of competent professionals. P. Key Personnel All of the individuals identified in Exhibit "C" are necessary for the successful prosecution 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 "C", without written approval of the City. Consultant recognizes that the composition of this team was instrumental in the City's decision to award the work to Consultant 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 section shall constitute a material breach of Consultant's obligations under this Agreement and shall be grounds for termination. Consultant shall not subcontract with any third party for the performance of any portion of the Work without the prior written consent of the City. Consultant shall be solely responsible for any such subcontractors in terms of performance and compensation. Q. Authority to Contract The Consultant 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 Consultant to the terms of this Agreement, if applicable. R. Ownership of Work All reports, designs, drawings, plans, specifications, schedules, work product and other materials prepared or in the process of being prepared for the services to be performed by the Consultant ("materials") shall be the property of the City and the City shall be entitled to full access and copies of all such materials. Any such materials remaining in the hands of the Consultant or subcontractor upon completion or PG. 10 termination of the work shall be delivered immediately to the City. The Consultant assumes all risk of loss, damage or destruction of or to such materials. if any materials are lost, damaged or destroyed before final delivery to the City, the Consultant shall replace them at its own expense. Any and all copyrightable subject matter in all materials is hereby assigned to the City and the Consultant agrees to execute any additional documents that may be necessary to evidence such assignment. S. Federal Funding Requirements City shall have available all administrative, contractual, and legal remedies in any instance where Consultant violates or breaches the terms of this Agreement, and Consultant shall be liable for any applicable and appropriate sanctions and penalties for same. Consultant must comply with all applicable Georgia Department of Transportation and Atlanta Regional Commission reporting requirements and regulations. Consultant must comply with all applicable Georgia Department of Transportation and Atlanta Regional Commission requirements and regulations pertaining to copyrights and rights in data, and to patent rights with respect to any discovery or invention which arises or is developed in the course of or under this Agreement. V. COVENANTS OF THE CITY A. Richt of Entry The City shall provide for right of entry for Consultant and all necessary equipment to the City of Milton, in order for Consultant to complete the Work. B. City's Representative John Rebar shall be authorized to act on the City's behalf with respect to the Work as the City's designated representative. PG. 11 UIV or Millon VI. TERMINATION A. The City shall have the right to terminate this Agreement for convenience by providing written notice thereof at least five (5) calendar days in advance of the termination date. The Consultant shall have no right to terminate this Agreement prior to completion of the Work, except in the event of the City's failure to pay the Consultant within thirty (30) days of Consultant providing the City with notice of a delinquent payment and an opportunity to cure. B. Upon termination, City shall provide for payment to the Consultant for services rendered and expenses incurred prior to the termination date. C. Upon termination, the Consultant shall: (1) promptly discontinue all services affected, unless the notice 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 Consultant in performing this Agreement, whether completed or in process, in the form specified by the City. D. The rights and remedies of the City and the Consultant provided in this Section are in addition to any other rights and remedies provided under this Agreement or at law or in equity. FOR DEFAULT E. The City may, subject to the provisions of subparagraph (G) below, by written notice of default to the Consultant, terminate the whole or any part of this Agreement in any one of the following circumstances: (i) if the Consultant fails to perform this Agreement within the time specified herein or any extension thereof; or (ii) if the Consultant fails to perform any of the other provisions of this Agreement, or so fails to make progress as to endanger performance of this Agreement in accordance with its terms, and does not cure such failure within a period of ten (10) days, or such longer period as the City may authorize in writing, after receipt of notice from the City specifying such failure. F. In the event the City terminates this Agreement in whole or in part as provided in subparagraph (E) above, the City may procure, upon such terms and in such manner as the City may deem appropriate, services similar to those so terminated, and the Consultant shall be liable to the City for any excess costs for the same; provided, that the Consultant shall continue the performance of this Agreement to the extent not terminated hereunder. PG. 12 -'C. 1 cmaM� � A) G. Except with respect to defaults of subcontractors, the Consultant shall not be liable for any excess costs if the failure to perform this Agreement arises out of causes beyond the control and without the fault or negligence of the Consultant Such causes may include, but are not limited to, acts of God, or of the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, flood, epidemics, quarantine restrictions, strikes, freight embargoes, and unusually severe weather, but in every case the failure to perforin must be beyond the control and without the fault or negligence of the Consultant If the failure to perform is caused by the default of a subcontractor, and if such default arises out of causes beyond the control of both the Consultant and the subcontractor, and without the fault or negligence of either of them, the Consultant shall not be liable for any excess costs for failure to perform, unless the services to be furnished by the subcontractor were obtainable from other sources in sufficient time to permit the Consultant to meet the required delivery schedule. The term "subcontractor" shall mean a subcontractor at any tier. H. If, after notice of termination of this Agreement under the provisions of paragraph (E) above, it is determined for any reason that the Consultant was not in default under the provisions above, or that the default was excusable under the provisions of this Agreement, the rights and obligations of the parties shall be the same as if the notice of termination had been issued pursuant to the "Termination for Convenience" provisions of this Agreement. I. The rights and remedies of the City provided above shall not be exclusive and are in addition to any other rights and remedies provided by law or under this Agreement. VII. NO PERSONAL LIABILITY No member, official or employee of the City shall be personally liable to the Consultant 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 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 liability. The Parties agree that their sole and exclusive remedy, claim, demand or suit shall be directed and/or asserted only against Consultant or the City, respectively, and not against any employee, officer, director, or elected or appointed official. VIII. ENTIRE AGREEMENT This Agreement 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 PG. 13 Cuy d Munn contained in this Agreement 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. IX. 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. X. APPLICABLE LAW 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. XI. CAPTIONS AND SEVERABILITY The caption or headnote on articles or sections of this Agreement are intended for convenience and reference purposes only and in no way define, limit or describe the scope or intent thereof, or of this Agreement nor in any way affect this Agreement. Should any article(s) or section(s), or any part thereof, later be deemed 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. XII. BUSINESS LICENSE Prior to commencement of the services to be provided hereunder, Consultant, if appropriate, shall apply to the City for a business license, pay the applicable business license fee, and maintain said business license during the term of this Agreement. PG. 14 ' „Gly a} Millan r! ly /:/ I1_maill I Cy *1 A. Communications Relating to Daily Activities All communications relating to the day-to-day activities of the Work shall be exchanged between John Rebar for the City and Chris Kingsbury, RLA for the Consultant. B. Official Notices All other notices, 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 Parties at the addresses given below, unless a substitute address shall first be furnished to the other Parties by written notice in accordance herewith: NOTICE TO THE CITY shall be sent to: City Manager City of Milton 13000 Deerfield Parkway, Suite 107f Milton, Georgia 30004 NOTICE TO THE CONSULTANT shall be sent to: Buddy Gratton, PE President Moreland Altobelli Associates, Inc. 2211 Beaver Ruin Road, Suite 190 Norcross, GA 30071 XIV. WAIVER OF AGREEMENT The City's failure to enforce any provision of this Agreement or the waiver in a particular instance shall not be construed as a general waiver of any future breach or default. XV. 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. XVI. FORCE MAJEURE PG. 1s C4.1 MR" Neither the City nor Consultant 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: (a) any cause beyond their respective reasonable control; (b) any act of God; (c) any change in applicable governmental rules or regulations rendering the performance of any portion of this Agreement legally impossible; (d) earthquake, fire, explosion or flood; (e) strike or labor dispute, excluding strikes or labor disputes by employees and/or agents of CONSULTANT; (f) delay or failure to act by any governmental or military authority; or (g) 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. IN WITNESS WHEREOF the City and the Consultant have executed this Agreement effective as of the date the City Manager executes this Agreement on behalf of the City. [SIGNATURES ON FOLLOWING PAGE] Ci[y of MiKan PG. 16 Ap raved as to form: r City Attorney CONSULTANT: - — ---- "j— V",p dP Attest: 5r?rNp-ar�. [AFFIX CORPORATE SEAL] SIGNED, SEALED, AND DELIVERED in the presence of: Witness Notary Public [NOTARY SEAL] My Commission Expires:'-�-ap� CITY OF MILTON By: Its: �7 c ry a mdm OEBORXK MOAN NOTARY PUBLIC Gwinnen County State of Georgie Comm. Expires August 15, 2014 [CITY SEAL] PG. 17 SIGNED, SEALED, AND DELIVERED in the presence of.- Witness f: Witness Notary Public [NOTARY SEAL] My Commission Expires: PG. 18 � cinra Honoring Milton High School’s Top Graduation Test Score WHEREAS, Milton High School is an often-celebrated and highly decorated institution of learning that consistently brings accolades to the City of Milton and its families and youth in academics, arts and athletics; and WHEREAS, The school is also a touchstone of the community, educating the children of this area for 90 years and fostering generations of leaders that have made the cities of Milton and Alpharetta leaders in business and standard of living ; and WHEREAS, In the 2011 state Graduation Test, Milton High’s seniors not only beat out their fellow North Fulton schools, but schools all across the county with a score of 94.1; and WHEREAS, More than a third of those students passed the test at an honors level, the highest achievement offered by the state; and WHEREAS, This is yet another accolade highlighting the excellence of Milton’s student body, a reflection of the importance of education and achievement in the families of the City of Milton; and WHEREAS, Under the tutelage of Milton High School’s large, diverse and unparalleled staff led by Principal Cliff Jones, such excellence has become the standard for the school and the mark by which others are measured; NOW, THEREFORE, we, the Mayor and City Council of the City of Milton, Georgia hereby dedicate and proclaim Monday, October 17, 2011 as Milton High School achievement day in the City of Milton and call this observance to the attention of all of our citizens. Given under my hand and seal of the City of Milton, Georgia on this 17th day of October, 2011. _________________________________ Joe Lockwood, Mayor (Seal) Zack and Thomas Eller “Adopt A Shelter Pet” Day WHEREAS, The City of Milton respects and shares the concerns of residents regarding homeless pets and the importance of having safe homes and shelters for these animals; and WHEREAS, There are 12 million homeless pets in shelters in the United States, and of those 100,000 are euthanized in the metro Atlanta area every year; and WHEREAS, October is National Adopt-A-Shelter Dog Month and provides a positive opportunity to bring awareness to the issue and needs of homeless pets and local shelters; and WHEREAS, Zack and Thomas Eller have dedicated their lives to the safety, rescue and welfare of animals by establishing Woof „Em Down Dog Biscuits in spring 2007, which has gone on to donate more than $13,000 to homeless pet shelters; and WHEREAS, In 2006, Zack earned the President‟s Volunteer Service Award, with Thomas following in 2007 and both receiving the award for the last four years; and WHEREAS, In 2008, Zack and Thomas were chosen by Disney‟s Wondertime Magazine and the non-profit Points of Light Foundation as grand prize winners in the “Littlest Volunteers” contest; and WHEREAS, In 2008, the brothers were also awarded the “Shining World Compassion Award”; and WHEREAS, Zack was named middle school honoree in the “Prudential Spirit of Community” Awards and given the 2009 “Young Hero of North Fulton” Award from the Roswell Rotary Club, plus a citizenship award from the Daughters of the American Revolution; and WHEREAS, Zack was a finalist for the 2010 Humane Teen of the Year Award and received an honorable mention from the Humane Society of the United States and won the local “Kohl‟s Kids Who Care” contest; and WHEREAS, The brothers continue their volunteer work both with Woof „Em Down and other endeavors, including Zack recently running the Milton Market, which had its most successful summer yet, and serving on the City of Milton community builder grant selection committee; and WHEREAS, Zack and Thomas Eller are outstanding examples of young students, leaders and volunteers residing in the City of Milton setting a positive example for other youth in the community. Their efforts have helped to motivate other young people in their respective schools and community to get involved and volunteer on behalf of homeless pets and other initiatives, as well. Now, therefore, We, the Mayor and City Council of the City of Milton, Georgia, hereby dedicate Monday, October 17 officially as “Zack and Thomas Eller Adopt A Shelter Pet Day” in the City of Milton, Georgia. . Given under my hand and seal of the City of Milton, Georgia on this 17th day of October, 2011. (Seal) ______________________ Joe Lockwood, Mayor City of Milton 13000 Deerfield Parkway, Suite 107, Milton, Georgia 30004 1 To: Honorable Mayor and City Council Members From: Stacey Inglis, Finance Director Date: October 17, 2011 City Council Meeting Agenda Item: Approval of the Issuance of an Alcohol Beverage License to Red Sky at Night d/b/a/ Zola Italian Bistro City Manager’s Office Recommendation: Approve the issuance of an Alcohol Beverage License to Red Sky at Night d/b/a Zola Italian Bistro for consumption on premises of wine, malt beverages, and distilled spirits. Background: City of Milton Ordinance Chapter 4 allows for the issuance of Alcohol Beverage Licenses to businesses that properly submit application for and meet all the legal requirements to hold such permit. Discussion: Staff has processed the application for the following business and recommends issuance of the applicable license: Business Name: Red Sky at Night d/b/a Zola Italian Bistro Owner(s) Name: John E. Schiveree Business Address: 2955 Bethany Bend, Suites 300 & 400, Milton, GA 30004 Type of License to be Issued: Consumption on Premises – Wine, Malt Beverages, & Distilled Spirits Concurrent Review: Chris Lagerbloom, City Manager Deb Harrell, Chief of Police Kathleen Field, Director of Community Development City of Milton 13000 Deerfield Parkway, Suite 107, Milton, Georgia 30004 1 To: Honorable Mayor and City Council Members From: Stacey Inglis, Finance Director Date: October 17, 2011 City Council Meeting Agenda Item: Approval of the Issuance of an Alcohol Beverage License to El Molcajete Mexican Restaurant, Inc City Manager’s Office Recommendation: Approve the issuance of an Alcohol Beverage License to El Molcajete Mexican Restaurant, Inc for consumption on premises of wine, malt beverages, and distilled spirits. Background: City of Milton Ordinance Chapter 4 allows for the issuance of Alcohol Beverage Licenses to businesses that properly submit application for and meet all the legal requirements to hold such permit. Discussion: Staff has processed the application for the following business and recommends issuance of the applicable license: Business Name: El Molcajete Mexican Restaurant, Inc Owner(s) Name: Miguel Garcia Business Address: 14155 Highway 9, Ste 500, Milton, GA 30004 Type of License to be Issued: Consumption on Premises – Wine, Malt Beverages, & Distilled Spirits Concurrent Review: Chris Lagerbloom, City Manager Deb Harrell, Chief of Police Kathleen Field, Director of Community Development City of Milton 13000 Deerfield Parkway, Suite 107 Milton, GA 30004 1 To: Honorable Mayor and City Council Members From: Kathleen Field, Community Development Director Date: October 3, 2011 for the October 17, 2011, City Council Meeting (October 10, 2011 Work Session) Agenda Item: RZ11-16 - Text Amendment to Article XVIII, “Historic Preservation Commission” to the City of Milton Zoning Ordinance CMO (City Manager’s Office) Recommendation: The Mayor and City Council to hear and approve the attached text amendment, Article 18, “Historic Preservation Commission” of the City of Milton Zoning Ordinance. Background: In 2007, a passionate group of residents presented to the Community Development Department a draft ordinance for the creation of a Historic Preservation Commission (HPC) to help preserve the sites catalogued by the Georgia Department of Natural Resources and Fulton County in a 1996 survey. The Mayor and City Council established the Historic Preservation Committee in December of 2008 to develop an ordinance, along with Staff, to preserve Milton’s historic resources. After deliberation by the Historic Preservation Committee, City Staff, and the City of Milton Planning Commission, Article 18 of the City of Milton Zoning Ordinance “Historic Preservation Commission” was adopted by the City of Milton Mayor and City Council on June 21, 2010. After such time, the Mayor and City Council dissolved the existing Historic Preservation Committee and created the Historic Preservation Commission (HPC) as mandated by the Historic Preservation Commission Ordinance. The first official meeting of the HPC was in February 2011. The Commission submitted the HPC Ordinance to the Georgia Historic Preservation Division on April 22, 2011 for their review and received comments from the Georgia Historic Preservation Division on May 2, 2011. The HPC met with Leigh Burns from the Georgia Historic Preservation Division on May 24, 2011 to discuss her comments and recommendations to the City’s HPC Ordinance. Discussion: The following items were issues with the HPC Ordinance based on discussions with Leigh Burns and subsequently changes were approved by the HPC: Removal of all references to the H (Historic) Zoning District (Ordinance does not address land use) Add more definitions Reduce the size of the Historic Preservation Commission (deleted ex-officio members) Removal of all references to “historical site of interest” City of Milton 13000 Deerfield Parkway, Suite 107 Milton, GA 30004 2 Removal of references to erecting “markers” at historical sites. Strengthened language for retaining outside professional help Reduce number of days the HPC has to recommend and transmit their decision to the Mayor and City Council regarding a Certificate of Appropriateness. The Historic Preservation Commission met to discuss the proposed changes to the Ordinance. A draft of the changes was approved as recommended by the State. Based on the policy approved by the Mayor and City Council, any major text amendments to the Zoning Ordinance should be reviewed together with the appropriate committee/commission and the Planning Commission. A joint work session was held on August 24, 2011 with the HPC and the Planning Commission to discuss the proposed changes. The Planning Commission was in support of the proposed changes. At the September 27, 2011 Planning Commission meeting they recommended approval of the proposed changes except with a change to Sec. 64-2455 (a) on page 9 with a vote of 6-1 (Commissioner Creamer voting in the negative). Staff notes that after further discussions with the Staff liaison to the Historic Preservation Commission, it was determined that this proposed change is inconsistent with the remainder of the ordinance and should not be amended as proposed by the Planning Commission. A red lined version is provided that represents changes recommended by the State Historic Preservation Division; red lines with yellow highlights represent recommended changes by the Planning Commission. In addition a clean version is also provided for your convenience. Alternatives: The Mayor and City Council may choose to approve, deny or defer the Text Amendment to amend Article 18, “Historic Preservation Commission” to the City of Milton Zoning Ordinance. Concurrent Review: Chris Lagerbloom, City Manager Ken Jarrard, City Attorney Page 1 of 13 RZ11-16 Text Amendment to HPC – Prepared for the October 17, 2011 Mayor and City Council Meeting (Changes by the State shown in Red, changes from Planning Commission shown highlighted in yellow) Sec. 64-2451. - Purpose. In support and furtherance of its findings and determination that the historical, cultural, and aesthetic heritage of the City of Milton, Georgia is among its most valued and important assets and that the preservation of this heritage is essential to the promotion of the health, prosperity, and general welfare of the people; In order to maintain historic structures and to protect and enhance local historical and aesthetic attractions to residents and tourists and thereby promote and stimulate business; In order to enhance the opportunities for federal or state tax benefits under relevant provisions of federal or state law; and In order to provide for designation, protection, preservation, and rehabilitation of historic properties and to participate in federal or state programs to do the same; The Milton City Council, Milton, Georgia hereby declares it to be the purpose and intent of this article to establish a uniform procedure for use in providing for the identification, protection, enhancement, perpetuation, and use of places, properties, sites, buildings, structures, objects, and landscape features having special historical, cultural, archeological, or aesthetic interest or value, in accordance with the provisions of the article. (Ord. No. 10-06-65, § I, 6-25-2010) Sec. 64-2452. - Definitions. [The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a differen t meaning:] Application for designation means a formal request in writing in a form specified by the historic preservation commission that the historic preservation commission consider a property for possible designation as a historic property or historic district. Building means any structure with a roof, designed or built for the support, enclosure, shelter, or protection of persons, animals, chattels, or property of any kind. Certificate of appropriateness means a document evidencing approval by the historic preservation commission of an application to make a material change in the appearance of a designated historic property or of a property located within a designated historic district. Contributing means a building, structure, object, site or work of art that adds to the historic architectural qualities or archaeological values for which the district is significant because it was present during the period of significance, relates to the documented significance of the district, and possesses historic integrity or is capable of yielding important information about the period of significance. Designation means a decision by the City of Milton to designate a property as a "historic property" or as a "historic district" and thereafter prohibit all material change in appearance of such property or within such district prior to the issuance of a certificate of appropriateness by the Historic Preservation Commission of the City of Milton. Design Review Board (DRB) means a Board consisting of seven City of Milton residents, and / or business owners who review all plans for development in the City, except for single family residences for compliance with the standards of the Zoning Ordinance prior to the approval of a building permit, primary variance and land disturbance permit and for both the residential and nonresidential structures for a demolition permit. Exterior architectural features means the architectural style, general design, and general arrangement of the exterior of a building, structure, or object, including but not limited to the kind or texture Page 2 of 13 RZ11-16 Text Amendment to HPC – Prepared for the October 17, 2011 Mayor and City Council Meeting (Changes by the State shown in Red, changes from Planning Commission shown highlighted in yellow) of the building material and the type and style of all windows, doors, signs, and other appurtenant architectural fixtures, features, details, or elements relative to the foregoing. Exterior environmental features means all aspects of the landscape or the development or appearance of a site which affect the historical character of the property. Historic means belonging to the past; of what is important or famous in the past; A historic resource should be at least 50 years old, and should retain a high degree of integrity that is comprised of seven qualities: location, design, setting, materials, workmanship, feeling, and association. Historic district means a geographically definable area, urban or rural, possessing a significant concentration, linkage, or continuity of sites, buildings, structures, works of art, or objects, or a combi nation thereof, which (1) have special character or special historical or aesthetic interest or value; (2) represent one or more periods or styles or architecture typical of one or more eras in the history of Milton, Fulton County, Georgia, or the nation; and (3) cause such area, by reason of such factors, to constitute a visibly perceptible section of the City of Milton. A district may also comprise individual elements separated geographically but linked by association or history. A historic district shall further mean an area designated by the Milton City Council as a historic district pursuant to the criteria established in subsection 64-2454(b) of this article. Historic property means an individual building, structure, site, or object designated by the Milton City Council as a historic property pursuant to the criteria established in subsection 64-2454(c) of this article. Material change in appearance means a change that will affect the exterior architectural or environmental features of a historic property or any building, structure, site, object, or landscape feature within a historic district, such as: (1) A reconstruction or alteration of the size, shape, or façade of a historic property, including but not limited to, relocation of any doors or windows or removal or alteration of any architectural features, details, or elements; (2) Demolition or relocation of a historic structure; (3) Commencement of excavation for construction purposes; (4) A change in the location or removal of advertising visible from the public right-of-way; or (5) The erection, alteration, restoration, or removal of any building or structure within a historic property or district, including but not limited to walls, fences, steps and pavements, or other appurtenant features, except exterior paint alterations. Non-contributing means a classification applied to an individual property located within a designated historic district, signifying that the property does not contribute to the distinctive character of the district. Such properties are subject only to the provisions of t his chapter regarding new construction, including general landscape character, and only when the amount of new construction equals or exceeds twenty-five percent (25%) of the land area or building ground floor area of the property at the time of its identification as noncontributing. Non-historic means the resource does not meet the criteria for local landmark designation and therefore does not have potential for designation. Object means a material thing of functional, aesthetic, cultural, historical, or scientific value that may be, by nature or design, movable yet related to a specific setting or environment. Page 3 of 13 RZ11-16 Text Amendment to HPC – Prepared for the October 17, 2011 Mayor and City Council Meeting (Changes by the State shown in Red, changes from Planning Commission shown highlighted in yellow) Site means the location of a significant event, a prehistoric or historical occupation or activity, or a building or structure, whether standing, ruined, or vanished where the location itself maintains historical, or of archeological value regardless of the value of any existing structure. Structure means a work of interdependent and inter-related parts in a definite pattern of organization. A manmade object; it may be large or small in scale. (Ord. No. 10-06-65, § II, 6-25-2010) Sec. 64-2453. - Creation of a historic preservation commission. (a) Creation of the historic preservation commission. There is hereby created a commission whose title shall be "Milton Historic Preservation Commission" (hereinafter ("HPC"). (b) HPC members: Numbers, appointment, terms, and compensation. The HPC shall consist of seven members appointed by the Milton City Council with appointing council member’s term. All members shall be residents of the City of Milton and shall be persons who have demonstrated special interest, experience, or education in history, architectural history, or the preservation of historic resources. Each appointee shall reside anywhere within the limits of the City of Milton, and not be bound to a councilperson's respective council district. One member of the Milton Design Review Board ("DRB"), as designated by the DRB, shall serve as an ex-officio member of the HPC. In addition, two ex-officio members may be appointed to the HPC by majority vote of the HPC and will serve at the discretion of the HPC. These additional ex-officio members are not required to own property in the city limits, and do not need to be residents of the City of Milton, but have expressed interest in the surrounding communities and are regarded as valuable sources of information by consensus of the official members of the HPC. Ex-officio members of the HPC shall not have voting rights and shall not be counted for the purpose of determining whether a quorum of HPC members exists at any HPC meeting. To the extent an individual is available and willing to serve in the City of Milton, at least one official, voting HPC member shall be appointed from among professionals in the disciplines of architecture, history, architectural history, planning, archeology, building construction, real property appraisal, or related professions. HPC members shall not receive a salary, although they may be reimbursed for expenses with the prior approval of the city manager. (c) Statement of the HPC's powers. The HPC shall be authorized to: (1) Prepare and maintain an inventory of all property within the City of Milton having the potential for designation as historic; (2) Recommend to the Milton City Council specific districts, sites, buildings, structures, or objects to be designated by ordinance as a historic property or a historic district; (3) Consider for approval proposals/recommendations for possible rezoning of p roperty to the historic ("H") zoning designation as provided for in subsection 64-2454(d)(2)a., based on historic value to the community and otherwise in accord with the requirements of the historic ("H") zoning designation in the Milton Zoning Code. Page 4 of 13 RZ11-16 Text Amendment to HPC – Prepared for the October 17, 2011 Mayor and City Council Meeting (Changes by the State shown in Red, changes from Planning Commission shown highlighted in yellow) (34) Review applications for Certificates of Appropriateness, and grant or deny same in accordance with the provisions of this article; (45) Recommend to the Milton City Council that any designation of a historic property or historic district be revoked or removed; (56) Restore or preserve any historic properties acquired by the City of Milton, subject to funding availability and with the prior approval of the Milton City Council; (67) Promote the acquisition by the City of Milton of facade easements and conservation easements as appropriate, in accordance with the provisions of the Georgia Uniform Conservation Easement Act of 1992 (O.C.G.A. §§ 44-10-1 through 44-10-5); (78) Conduct educational programs on historic properties located within the City of Milton and on general historic preservation activities; (89) Make such investigations and studies of matters relating to historic preservation including consultation with historic preservation experts, as the Milton City Council or the HPC itself may, from time to time, deem necessary or appropriate for the purposes of preserving historic resources; (910) Research local, state, federal, or private funds for historic preservation, and make recommendations to the Milton City Council concerning the most appropriate use of any funds acquired; (1011) Recommend to the Milton City Council possible historic resource incentive programs for their review; (1112) Submit to the Historic Preservation Division of the Georgia Department of Natural Resources a list of designated historic properties or historic districts; (1213) Perform historic preservation activities as the official agency of the Milton Historic Preservation Program; (1314) Retain persons with professional expertise to carry out specific tasks, as needed, subject to funding availability to approval by the Milton City Council; (1415) Receive donations, grants, funds, or gifts of historic property and acquire and sell historic properties provided the Milton City Council has provided prior consent to do so and all state and local laws regarding local government property disposition are followed. The receipt of donations, grants, funds, or gifts shall be accepted only if such acceptance does not violate the City of Milton Code of Ethics; (1516) Review and make comments to the Historic Preservation Division of the Georgia Department of Natural Resources concerning the nomination of properties within its jurisdiction to the National Register of Historic Places; (1617) Participate in private, state, and federal historic preservation programs and with the approval of the Milton City Council enter into contractual agreements to do the same.; and (18) Recommend to the Milton City Council such sites, buildings, structures, or objects that shall be considered a "historical site of interest" and by Milton City Council resolution shall Page 5 of 13 RZ11-16 Text Amendment to HPC – Prepared for the October 17, 2011 Mayor and City Council Meeting (Changes by the State shown in Red, changes from Planning Commission shown highlighted in yellow) adopt such designation. The Milton City Council will provide and appropriate historical marker to be displayed at the designated site. (d) HPC's power to adopt rules and standards. The HPC shall adopt rules and standards for the transaction of business and for consideration of applications for designations and certificates of appropriateness, such as by-laws and design guidelines not inconsistent with this article. The HPC shall have the flexibility to adopt such rules and standards without amendment to this article. The HPC shall provide for the time and place of regular meetings and a method for the calling of special meetings, consistent with the Georgia Open Meetings Act. The HPC shall select such officers as it deems appropriate from among its members. A quorum shall consist of a majority of voting members. All rules shall be ratified by the Milton City Council before becoming effective. (e) Conflict of interest. The HPC shall be subject to all conflict of interest laws set forth in the Georgia Statutes and in the City of Milton Charter. (f) HPC's authority to receive funding from various sources. The HPC shall have the authority to accept donations and shall ensure that these funds do not displace appropriated governmental funds. The HPC shall be subject to and comply with the Milton Ethics Code. (g) Records of HPC meetings. A public record shall be kept of the HPC's resolutions, proceedings, and actions. Reports to the Milton City Council will also be made on a regular and timely basis. (Ord. No. 10-06-65, § III, 6-25-2010) Sec. 64-2454. - Recommendation and designation of historic properties. (a) Preliminary research by HPC. (1) HPC's mandate to conduct a survey of local historical resources: The HPC shall compile and collect information on historic resources with the City of Milton. Records shall be stored in the City of Milton storage area. (2) HPC's power to recommend districts and buildings to the Milton City Council for designation: The HPC shall present to the Milton City Council recommendations for historic districts and properties. The HPC shall consider for approval proposals/recommendations for possible rezoning of property to the historic ("H") zoning designation as provided for in subsection (d)(2)a., based on historic value to the community and otherwise in accord with the requirements of the historic ("H") zoning designation in the Milton Zoning Code. (3) HPC's documentation of proposed designation: Prior to the HPC's recommendation to the Milton City Council of a property or district for historic designation, the HPC shall prepare a report for nomination consisting of: a. A detailed physical description of the proposed historic property or historic district; and b. A statement of the historical, cultural, architectural, and/or aesthetic significance of the proposed historic property or historic district; and c. A map showing district boundaries and classification (i.e., contributing, noncontributing) of individual properties therein, or showing boundaries of individual properties; and Page 6 of 13 RZ11-16 Text Amendment to HPC – Prepared for the October 17, 2011 Mayor and City Council Meeting (Changes by the State shown in Red, changes from Planning Commission shown highlighted in yellow) d. A statement justifying the boundaries of the proposed property or district; and e. Representative photographs of the proposed property or district. (b) Designation of historic district. (1) Criteria for selection of historic districts: A historic district is a geographically definable area, urban or rural, possessing a significant concentration, linkage, or continuity of sites, buildings, structures, works of art, or objects, or a combination thereof, which (1) have special character or special historical or esthetic interest or value; (2) represent one or more periods or styles or architecture typical of one or more eras in the history of Milton, the State of Georgia, or the nation; and (3) cause such area, by reason of such factors, to constitute a visibly perceptible section of the City of Milton. A district may also comprise individual elements separated geographically but linked by association or history. A historic district is deemed worthy of preservation by reason of value to the nation, the State of Georgia, or the City of Milton for one or more of the following reasons: a. It possesses an outstanding example of structures representative of its era; or b. It contains the few remaining examples of a past architectural style or type over 50 years old; or c. It is a place associated with an event or persons of historic or cultural significance to the City of Milton, State of Georgia, or the region; or d. It is the site of natural, archeological, or aesthetic interest that contributes to the cultural or historical development and heritage of the municipality, county, state, or region. (2) Boundaries of a historic district: Boundaries of a historic district shall be included in the separate ordinances designating such districts and shall be shown on the official zoning map of the City of Milton, Georgia. (3) Evaluation of properties within historic districts: individual properties within historic districts shall be classified as: a. Contributing (contributes to the district); or b. Noncontributing (Does not contribute to the district as provided for in subsection (b)(1) of this section). (c) Designation of historic property. (1) Criteria for selection of historic properties: An individual b uilding, structure, site or object deemed worthy of preservation by reason of value to the nation, the State of Georgia, or the City of Milton for one or more of the following reasons: a. It is an outstanding example of a structure representative of its era; or b. It is one of the few remaining examples of a past architectural style or type over 50 years old; or c. Page 7 of 13 RZ11-16 Text Amendment to HPC – Prepared for the October 17, 2011 Mayor and City Council Meeting (Changes by the State shown in Red, changes from Planning Commission shown highlighted in yellow) It is a place associated with an event or persons of historic or cultural significance to the City of Milton, State of Georgia, or the region; or d. It is the site of natural, archeological, or aesthetic interest that contributes to the cultural or historical development and heritage of the municipality, county, state, or region. (2) No building, structure, site or object shall be eligible to be designated as a historic property unless it existed on the same property since the incorporation of the City of Milton. (d) Historic ("H") zoning designation. (1) Purpose: This base zoning designation allows for a historic property to be used, protected, renovated and preserved. It may allow a specific, previous use to continue in a structure where that use would be considered nonconforming as defined in the Milton Zoning Code. Creation of the historic ("H") zoning designation shall be in accord with the ordinary procedures and processes for zoning district creation in the City of Milton, and the final decision regarding the components and uses authorized by and in the historic ("H") zoning district shall remain exclusively with the Milton City Council. (2) Approval process: a. Designation is proposed per subsection 64-2424(e)(1) followed by formal approval of the HPC, except that when the proposal originates in the HPC or the Milton City Council no additional HPC approval shall be required prior to commencement of the formal zoning process; b. The property owner shall follow the process for rezoning as established by article 28 [XIV] of the zoning chapter. (ed) Requirement for adopting an ordinance for the designation of historic districts and, historic properties,. and historic zoning. (1) Application for designation of historic districts, or properties or historic zoning: Proposals may be submitted by the Milton City Council, via majority vote, or by the HPC via a majority of that commission, or: a. For historic districts—A historical society, neighborhood association, or the owners of a group of properties; b. For historic properties—A historical society, neighborhood association, or the property owner;. c. For a historic zoning designation—A historical society, neighborhood association, or the property owner. (2) Required components of a designation ordinance: Any ordinance designating any property or district as historic shall: a. Page 8 of 13 RZ11-16 Text Amendment to HPC – Prepared for the October 17, 2011 Mayor and City Council Meeting (Changes by the State shown in Red, changes from Planning Commission shown highlighted in yellow) List each property in a proposed historic district or describes the proposed individual historic property; b. Set forth the name(s) of the owner(s) of the designated property or properties; c. Require that a certificate of appropriateness be obtained from the HPC prior to any material change in appearance of the designated property; and d. Require that the property or district be shown on the official zoning map of the City of Milton, Georgia and kept as a public record to provide notice of such designation. (3) Require public hearings: The HPC and the Milton City Council shall hold a joint public hearing at a special or regular HPC meeting on any proposed ordinance for the designation of any historic district or property. Notice of the hearing shall be published in at least three consecutive issues of the newspaper utilized by Milton as the legal organ, and written notice of the hearing shall be mailed not less than ten or more than 20 days prior to the date set for the public hearing. A notice sent via the United States mail to the last-known owner of the property shown on the City of Milton tax digest and a notice sent via attention of the occupant shall constitute legal notification to the owner and occupant under this section. (4) Notification of historic preservation division: No less than 30 days prior to making a recommendation on any ordinance designating a property or district as historic, the HPC must submit the report, required in subsection 64-2454(a)(3), to the historic preservation division of the department of natural resources. (5) Recommendations on proposed designations: A recommendation to affirm, modify or withdraw the proposed ordinance for designation shall be made by the HPC within 15 days following the joint public hearing and shall be in the form of a resolution to the Milton City Council. (6) Milton City Council action on the HPC's recommendation: Following receipt of the HPC recommendation, the Milton City Council may adopt the ordinance for designation as proposed, may adopt the ordinance with any amendments it deems necessary, or reject the ordinance. (7) Notification of adoption of ordinance for designation: Within 30 days following the adoption of the ordinance for designation by the Milton City Council, the owners and occupants of each designated historic property, and the owner(s) and occupants of each building, structure, or site located within a designated historic district, shall be given written notification of such designation by the Milton City Council, which notice shall apprise said owners and occupants of the necessity of obtaining a certificate of appropriateness prior to undertaking any material change in appearance of the historic property designated or within the historic district designated. A notice sent via the United States mail to the last- known owner of the property shown on the City of Milton tax digest and a notice sent via United States mail to the address of the property to the attention of the occupant shall constitute legal notification to the owner and occupant under this a rticle. (8) Notification of other agencies regarding designation: The HPC shall notify all necessary agencies within the City of Milton of the ordinance for designation. (9) Moratorium on applications for alteration or demolition while ordinance for designation is pending: If an ordinance for designation is being considered, the hpc shall notify the permitting division of the community development department. No permit of any kind shall Page 9 of 13 RZ11-16 Text Amendment to HPC – Prepared for the October 17, 2011 Mayor and City Council Meeting (Changes by the State shown in Red, changes from Planning Commission shown highlighted in yellow) be issued for work which would constitute a material change in the appearance of a structure, site, or landscaping within the designated area until the proposed ordinance is enacted or rejected by the city council. The HPC must recommend via resolution an ordinance for designation to the city council within 45 days of the permitting division denying a building permit based on the moratorium. (Ord. No. 10-06-65, § IV, 6-25-2010) Sec. 64-2455. - Application to HPC for certificate of appropriateness. (a) Approval of material change in appearance involving historic properties. After the designation by ordinance of a historic property or of a historic district, no material change in the appearance of such historic property, or of a contributing or noncontributing building, structure, site or object within such historic district shall occur or be permitted to be made by the owner or occupant thereof unless or until the application and approval of a certificate of appropriateness. For noncontributing building when the amount of new construction equals or exceeds 25% of the land area or building ground floor area of the property at the time of its identification as noncontributing. Certificates of appropriateness for material changes in historic properties and material changes to contributing buildings, structures, sites, or objects in historic districts shall be issued by the HPC in accord with the process set forth below. A certificate of appropriateness for noncontributing buildings, structures, sites or objects within a historic district shall be considered by the DRB after a public hearing and otherwise in accord with ordinary and normal DRB processes and procedures. A building permit shall not be issued without a certificate of appropriateness. (STAFF NOTES THAT THE ABOVE RED LINED DELETIONS AND ADDITIONS HIGHLIGHTED IN YELLOW WERE RECOMMENDED BY THE PLANNING COMMISSION BUT AFTER FURTHER DISCUSSION WITH STAFF, THE ABOVE CHANGES ARE NOT CONSISTENT WITH THE ORDINANCE AND THEREFORE STAFF RECOMMENDS THAT THE ABOVE RED LINE CHANGES NOT BE APPROVED.) A certificate of appropriateness shall be required before construction can begin even in cases where a building permit is not required. (b) Submission of plans to HPC. An application for a certificate of appropriateness shall be accompanied by drawings, photographs, plans and documentation required by the HPC. (c) Interior alterations. In its review of applications for certificates of appropriateness the HPC shall not consider interior arrangement or use having no effect on exterior architectural features. (d) Technical advice. The HPC shall have the power to seek technical advice from outside its members on any application. (e) Public hearings on applications for certificates of appropriateness, notices, and right to be heard. The HPC shall hold a public hearing at which each proposed certificate of appropriateness is discussed. Notice of the hearing shall be published in the newspaper utilized by Milton as the legal organ and written notice of the hearing shall be made by the HPC to all owners and occupants of the subject property. The written and published notice shall be provided in the same manner and time frame as notices as required by the Georgia Zoning Procedures Law. The HPC shall provide the property owner and/or applicant an opportunity to be heard at the certificate of appropriateness hearing. (f) Acceptable HPC response to applications for certificates of appropriateness. HPC action: The HPC may (i) approve the application for a certificate of appropriateness as proposed; (ii) approve the certificate of appropriateness with any modifications it deems necessary; or (iii) r eject it. (1) Page 10 of 13 RZ11-16 Text Amendment to HPC – Prepared for the October 17, 2011 Mayor and City Council Meeting (Changes by the State shown in Red, changes from Planning Commission shown highlighted in yellow) The HPC shall approve the application and issue a certificate of appropriateness if it finds that the proposed material change(s) in the appearance would not have a substantial adverse effect on the aesthetic, historic, or architectural sign ificance and value of the historic property or the historic district. In making this determination, the HPC shall consider, in addition to any other pertinent factors, the following criteria: a. Reconstruction, alteration, new construction or renovation: Whether the proposed actions conform in design, scale, building material, setback and site features and to the United States Secretary of the Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings. b. Relocation: 1. The historic character and aesthetic interest of the building, structure, or object contributes to its present setting; 2. Whether there are definite plans for the area to be vacated and what the effect of those plans on the character of the surrounding area will be; 3. Whether the building, structure, or object can be moved without significant damage to its physical integrity; 4. Whether the proposed relocation area is compatible with the historical and architectural character of the building, structure, site, or object. c. Demolition: 1. The historic, scenic, or architectural significance of the building, structure, site, or object; 2. The importance of the building, structure, site, or object to the ambiance of the area; 3. The difficulty or impossibility of reproducing such a building, structure, site, or object because of its design, texture, material, detail, or unique location; 4. Whether the building, structure, site, or object is one of the last remaining examples of its kind in the neighborhood or the city; 5. Whether there are definite plans for use of the property if the proposed demolition is carried out, and what the effect of those plans on the character of the surrounding area would be; 6. Whether reasonable measures can be taken to save the building, structure, site, or object from collapse; 7. Whether the building, structure, site, or object is capable of earning reasonable economic return on its value. (g) Undue hardship. When, by reason of unusual circumstances, the strict application of any provision of the ordinance would result in the exceptional practical difficulty or undue economic hardship upon any owner of a specific property, the commission, in passing upon appli cations, shall have the power to recommend to the Milton Mayor and City Council to vary or modify strict provisions, so as Page 11 of 13 RZ11-16 Text Amendment to HPC – Prepared for the October 17, 2011 Mayor and City Council Meeting (Changes by the State shown in Red, changes from Planning Commission shown highlighted in yellow) to relieve such difficulty or hardship; provided such variances, modifications, interpretations shall remain in harmony with the general purpose and intent of said provisions, so that the architectural or historical integrity, or character of the property, shall be conserved and substantial justice done. In granting variances, the Milton Mayor and City Council may impose such reasonable and additional stipulations and conditions as will, in its judgment, best fulfill the purpose of this article. An undue hardship shall not be a situation of the person's own making. (h) Deadline for approval or rejection of application for certificate of appropriateness. (1) The HPC shall approve or reject an application for a certificate of appropriateness within 45 days after the filing thereof by the owner or occupant of a historic property, building, structure or site. Evidence of approval shall be by a certificate of appropriateness issued by the HPC. Notice of the issuance or denial of a certificate of appropriateness shall be sent by United States certified mail to the applicant and all other persons who have requested such notice in writing filed with the HPC. (2) Should the HPC fail to approve or reject an application for certificate of appropriateness within 45 days the application shall be deemed automatically approved. (i) Necessary action to be taken by HPC upon rejection of application fo r certificate of appropriateness. (1) In the event the HPC rejects an application, it shall state its reasons for doing so, and shall transmit a record of such actions and reasons, in writing, to the applicant. The HPC may suggest alternative courses of action it thinks proper if it disapproves of the application submitted. The applicant, if he or she so desires, may make modifications to the plans and may resubmit the application at any time after making said modifications. (2) In cases where the application covers a material change in the appearance of a structure which would require the issuance of a building permit, the rejection of the application for a certificate of appropriateness by the HPC shall be binding upon the building inspector or other administrative officer charged with issuing building permits and, in such a case, no building permit shall be issued. (j) Requirement of conformance with certificate of appropriateness. (1) All work performed pursuant to an issued certificate of appropriate ness shall conform to the requirements of such certificate. In the event work is performed not in accordance with such certificate, the HPC may request that the city obtain a cease and desist order from the appropriate tribunal and all work shall cease. (2) The Milton City Council may, of its own initiative or at the request of the HPC, initiate any appropriate action or proceeding in a court of competent jurisdiction to prevent any material change in appearance of a designated historic property, except those changes made in compliance with the provisions of this ordinance or to prevent any illegal act or conduct with respect to such historic property. (k) Certificate of appropriateness void if construction not commenced. (1) A Certificate of appropriateness shall become void unless construction has commenced within six months of date of issuance. (2) Page 12 of 13 RZ11-16 Text Amendment to HPC – Prepared for the October 17, 2011 Mayor and City Council Meeting (Changes by the State shown in Red, changes from Planning Commission shown highlighted in yellow) A certificate of appropriateness shall expire after 18 months unless said certificate is renewed. A certificate may be renewed for a single 18 -month period. A renewal must be sought prior to the expiration of the original certificate. (l) Recording an application for certificate of appropriateness. The HPC shall keep a public record of all applications for certificate of appropriateness, and of all the HPC's proceedings in connection with said application. These records shall be maintained at city hall. (m) Acquisition of property. The HPC may, where such action is authorized by the Milton City Council and is reasonably necessary or appropriate for the preservation of a historic property, enter into negotiations with the owner for the acquisition by gift, purchase, exchange, or otherwise, to the property or any interest therein. If property is conveyed based upon the efforts of the HPC, the property interest shall be conveyed in the name of the City of Milton, Georgia. (n) Appeals. Any person adversely affected by any determination made by the HPC relative to the issuance or denial of a certificate of appropriateness may appeal such determination to the Milton City Council. Any such appeal must be filed with the Milton City Council within 15 days after the issuance of the determination pursuant to subsection (g) of this section. The Milton City Council may approve, modify, or reject the determination made by the HPC, if the governing body finds that the HPC abused its discretion in reaching its decision. Appeals from decisions of the Milton City Council may be taken to the Superior Court of Fulton County via a writ of certiorari. (Ord. No. 10-06-65, § V, 6-25-2010) Sec. 64-2456. - Maintenance of historic properties; Building and zoning code provision. (a) Ordinary maintenance or repair. Ordinary maintenance or repair of any exterior architectural or environmental feature in or on a historic property to correct deterioration, decay, or to sustain the existing form, and that does not involve a material change in design, material, or outer appearance thereof, does not require a certificate of appropriateness. (b) Failure to provide ordinary maintenance or repair. Property owners of historic properties or properties within historic districts shall not allow their buildings to deteriorate by failing to provide ordinary maintenance or repair. The HPC shall be charged with the following responsibilities regarding deterioration by neglect: (1) The HPC shall monitor the condition of historic properties and existing buildings in historic districts to determine if they are being allowed to deteriorate by neglect. Such conditions as broken windows, doors and openings which allow the elements and vermin to enter, and the deterioration of a building's structural system shall constitute failure to provide ordinary maintenance or repair. (2) In the event the HPC determines a failure to provide ordinary maintenance or repair, the HPC will notify the owner of the property and set forth the steps which need to be taken to remedy the situation. The owner of such property will have 30 days in which to do this. A building permit may be required to accomplish the necessary remedial measures. (3) In the event that the condition is not remedied in 30 days, the owner shall be sanctioned as provided in section 64-2457 of this article and, upon approval of the Milton City Council, the HPC may perform such maintenance or repair as is necessary to prevent deterioration by neglect. The owner of the property shall be liable for the cost of such maintenance and repair performed by the HPC and shall reimburse the City o f Milton for same. In the event reimbursement does not occur, the Milton City Council shall have the right to recover same using all available legal means, including the placement of liens on the property in accordance with law. (c) Page 13 of 13 RZ11-16 Text Amendment to HPC – Prepared for the October 17, 2011 Mayor and City Council Meeting (Changes by the State shown in Red, changes from Planning Commission shown highlighted in yellow) Affirmation of existing building and zoning codes. Nothing in this article shall be construed as to exempt property owners from complying with existing city or county building and zoning codes. (Ord. No. 10-06-65, § VI, 6-25-2010) Sec. 64-2457. - Penalty provisions. A person, firm, corporation or other entity commits an offense if he/she/it violates this article. Each day the offense continues constitutes a separate offense. The following penalties, which are nonexclusive, and the exercise of one or more of which shall not preclude exercise of the others, shall be imposed on those persons or entities found to have violated this article: (1) The same penalties as set forth in the zoning chapter of the city for all violations of requirements set forth in the said zoning chapter; or (2) The penalties set forth in chapter 12 of the Code of Ordinances of the city for nonzoning violations. (3) Restrictions on future development. If a historic property is demolished or relocated without a certificate of appropriateness, or in the event the plans are changed for the property from which the resource was removed without approval of the changed plans by the HPC, then the following restrictions, in addition to any other penalties or remedies set forth in this article, shall be applicable to the site where the structure or property was formerly located: a. No building or other permits will be issued for construction on the site, with the exception of a permit to restore such structure or property after obtaining a certificate of appropriateness, for a period of five years after the date of such demolition or removal. b. No permits shall be issued by the city for any curb cuts on the site for a period of five years from and after the date of such demolition or removal. c. No parking lot for vehicles shall be operated whether for remuneration or not on the site for a period of five years from and after the date of such demolition and removal. d. The owner of the site shall maintain the site in a clean and orderly state and shall properly maintain all existing trees and landscaping on the site. When these restrictions become applicable to a particular site, the building official shall cause to be filed a verified notice thereof in the Real Property Records of Fulton County and such restrictions shall then be binding on future owners of the property. (4) Civil action. As an additional remedy in addition to the penalties stated above, the city attorney for the City of Milton or his or her designee shall have the power to take all necessary civil action to enforce the provisions hereof and to request appropriate legal or equitable remedies or relief. (Ord. No. 10-06-65, § VIII, 6-25-2010) STATE OF GEORGIA ORDINANCE____ COUNTY OF FULTON RZ11-16 AN ORDINANCE TO AMEND SECTION CHAPTER 64, ARTICLE XVIII, OF THE CITY OF MILTON ZONING ORDINANCE (CHAPTER 64 OF THE CITY CODE OF ORDINANCES) TO AMEND THE HISTORIC PRESERVATION COMMISSION ORDINANCE BE IT ORDAINED by the City Council of the City of Milton, GA while in a regularly called council meeting on October 17, 2011 at 6:00 p.m. as follows: SECTION 1. That the Ordinance relates to Amending Chapter 64, Article XVIII, to amend various portions of this article including definitions, size of the Historic Preservation Commission, retaining outside professional help, and reducing the days to transmit decisions to the Mayor and City Council is hereby adopted and approved; and is attached hereto as if fully set forth herein, and; SECTION 2. All ordinances, parts of ordinances, or regulations in conflict herewith are repealed. SECTION 3. That this Ordinance shall become effective upon its adoption. ORDAINED this the 17th day of October, 2011. ___________________________________ Joe Lockwood, Mayor Attest: ___________________________ Sudie AM Gordon, City Clerk (Seal) City of Milton 13000 Deerfield Parkway, Milton, Georgia 30004 1 To: Honorable Mayor and City Council Members From: Matt Marietta, Fire Marshal Date: Submitted on September 26, 2011 for the October 17, 2011 Regular Council Meeting Agenda Item: Approval of a Grant Application to the Department of Homeland Security for the Assistance to Firefighters Grant Program Sponsored by FEMA for the Purchase of Fitness Equipment for the Fire Stations to Support our Wellness Initiative City Manager’s Office Recommendation Adopt the attached resolution approving the submission to the Department of Homeland Security’s “Assistance to Firefighters” grant program authorizing the request for funding to provide fitness equipment for the fire stations. This project is in support of the Wellness Initiative begun and funded in the Fire Department in 2010 and represents the next step in this process of aligning our standards with NFPA guidelines for Firefighter wellness. Background The purpose of the “Assistance to Firefighters Grant” (AFG) is to award grants directly to fire departments to enhance their abilities to equip field personnel in the performance of their general duties. The program allows fire service agencies to apply for various capital budget items, including firefighter safety and wellness initiatives/equipment. Discussion While being able to provide the best possible emergency services to the citizens and visitors of Milton is a top priority, it is also important to remember that our most important assets in providing that service are our firefighters! Firefig hting is strenuous physical work and places considerable strain on the body, and because of our small department size, firefighters often do not have a deep relief factor on the fire-ground. It also involves high levels of emotional stress. In order to meet the unique physical demands of firefighting and to perform firefighting in a safe manner, firefighters must be physically fit. To support this goal, this grant would place workout and fitness equipment in all four stations (three current and the one in the Highway 9 corridor). The equipment would consist of a multi-system weight machine with weights and a Stairmaster step mill to increase cardio and muscle. The Keiser Force Machine and equipment will be used to conduct yearly physical assessments and new candidate assessments. This project would align with our firefighter wellness program that we undertook in FY 2010 which was designed on NFPA 1500 and 1582 and was budgeted to be a phased roll-out (we had no program in 2009). It began with establishing a baseline and routine physical program. After the physical, a PT period was mandated for every shift. We planned for the fitness City of Milton 13000 Deerfield Parkway, Milton, Georgia 30004 2 equipment this fiscal year and to introduce the annual physical agility testing for the entire department next year. The effect of this grant will be to allow us to implement this intermediate and critical step in the wellness program and provide the firefighters an in-territory (in fact, in the county for one station) location to prepare for that test. The effect will allows us to complete the full rollout of the physical fitness program. Funding and Fiscal Impact This item was first drafted as a new initiative request for FY 2012, but due to budget constraints, we were not able to fund it this year. This request is an attempt to ensure that we meet our wellness goals (and the deployment of the new Hwy 9 station) while seeking alternative funding means. The total grant request is for $35,200 and there would be a 10% match. Alternatives Currently firefighters have a limited amalgam of donated-used equipment in its stations. We could continue to seek donations from the general public to support this initiative. We can also fund this amount as a new initiative in FY 2013. Concurrent Review Chris Lagerbloom, City Manager Bob Edgar, Fire Chief STATE OF GEORGIA RESOLUTION NO. FULTON COUNTY A RESOLUTION OF THE MAYOR AND CITY COUNCIL TO APPROVE THE SUBMISSION OF A GRANT APPLICATION TO THE DEPARTMENT OF HOMELAND SECURITY FOR THE ASSISTANCE TO FIREFIGHTERS GRANT PROGRAM TO PURCHASE FITNESS EQUIPMENT FOR THE FIRE STATIONS TO SUPPORT OUR WELLNESS INITIATIVE WHEREAS, the Department of Homeland Security makes available funding under the Assistance to Firefighters Grant (AFG) program; and WHEREAS, such funds are awarded directly to fire departments to enhance their ability to protect first responders and the public by funding support materials and equipment; and WHEREAS, the primary goal of the AFG grant program is to assist local fire departments’ capabilities by providing equipment to endure that departments have adequate protection from fire and fire related hazards and that firefighters health and safety is maximized; and WHEREAS, the funding, if awarded, shall be used to purchase four identical sets of fitness equipment to be used in conjunction with our on-going wellness initiative; and WHEREAS, evidence authorizing the acceptance of said application may be provided to assist in the application process. NOW, THEREFORE BE IT SO RESOLVED, this 17th day of October, 2011 by the Mayor and Council of the City of Milton that the submission of the Department of Homeland Security’s Assistance to Firefighters Grant application is hereby approved; and if awarded the Mayor is hereby authorized to execute the award package with directives under the Department of Homeland Security. ______________________________ Attest: Joe Lockwood, Mayor Sudie AM Gordon, City Clerk (Seal) City of Milton 13000 Deerfield Parkway, Milton, Georgia 30004 1 To: Honorable Mayor and City Council Members From: Matt Marietta, Fire Marshal Date: Submitted on September 26, 2011 for the October 17, 2011 Regular Council Meeting Agenda Item: Approval of a Grant Application to the Department of Homeland Security for the Assistance to Firefighters Grant Program Sponsored by FEMA for the Purchase of a Multi-Purpose Pumper-Rescue. City Manager’s Office Recommendation Adopt the attached resolution approving the submission to the Department of Homeland Security’s “Assistance to Firefighters” grant program authorizing the request for funding for a multi-purpose pumper-rescue to station in the proposed Fire Department Headquarters on Highway 9 beginning in FY 2013. Background The purpose of the “Assistance to Firefighters Grant” (AFG) is to award grants directly to fire departments to enhance their abilities to equip field personnel in the performance of their general duties. The program allows fire service agencies to apply for various capital budget items, including vehicles and suppression equipment. Discussion This project is a proactive attempt to expand our response capability in the Highway 9 corridor. It anticipates the construction of a new station and simultaneous seeks to address the recommendations of ISOs standards from our last evaluation in 2010. We can provide the most flexible, cost effective, and ISO-beneficial service with a pump capable apparatus with certain equipment in the Highway 9 vicinity. A review of our response records indicates that the consistent plurality of our calls are EMS related. Because of the nature of privately provided ambulance service in Fulton County, having a quick response EMS unit in our fleet is very important to providing life-saving service to the Milton community. This proposed capital purchase will provide us with a smaller, more economically efficient and versatile apparatus to base out of the new Highway 9 station. The unit is intended to provide transport capable EMS- Rescue capacity while simultaneously providing a limited pumper/fire fighting system that can provide first response fire suppression capabilities. On larger incidents, it can then double as an essential platform for the NFPA recommended firefighter rescue teams (RIT) through its paramedic-trained personnel and the ability to establish its own water supply (e.g. an independent hose line dedicated to rescue services) in accordance with the NFPA standard. The AFG program (which has provided us to date with approximately $350,000 in grant funds with the SAFER Grant for hiring/salaries of three of our current firefighters and a refit of our apparatus with smoke extractors with an eye on the safety of our staff and the environment) will City of Milton 13000 Deerfield Parkway, Milton, Georgia 30004 2 fund a select number of vehicles out of its AFG program, including pumper/rescue apparatus. Several items are taken into consideration in this process including age of the current fleet, which apparatus type is being requested, and the city’s population density. The grant requests funding for the new apparatus to be placed in the station slated to be built on Highway 9 based on our identified gap in protection in this area and the possibility that an award will fr ee the City’s funds for hiring purposes. Funding and Fiscal Impact The grant request is for the apparatus only, which we have a general quote for a piece of equipment that meets all of our needs at $335,000. If funded, the City will follow normal government RFP/RFQ protocols and ensure that the least expensive vehicle that meets the established criteria is purchased. There is a 10% match associated with this award. The benefits of this project surpass the cost because of the unique configuration of the apparatus. It will also be more fuel efficient and cut environmental impact by limiting mileage traveled to answer calls in the “downtown” (since it will be stationed there and not coming in from the more rural areas) and using less fuel than a full sized engine. It will also be in a good position to provide the critical ALS step in saving a person’s life. Alternatives The City may opt to continue with the level of service it currently provides and fill the need sout of its own capital project fund. Concurrent Review Chris Lagerbloom, City Manager Bob Edgar, Fire Chief STATE OF GEORGIA RESOLUTION NO. FULTON COUNTY A RESOLUTION OF THE MAYOR AND CITY COUNCIL TO APPROVE THE SUBMISSION OF A GRANT APPLICATION TO THE DEPARTMENT OF HOMELAND SECURITY FOR THE ASSISTANCE TO FIREFIGHTERS GRANT PROGRAM TO PURCHASE A MULTI-PURPOSE RESCUE-PUMPER WHEREAS, the Department of Homeland Security makes available funding under the Assistance to Firefighters Grant (AFG) program; and WHEREAS, such funds are awarded directly to fire departments to enhance their ability to protect first responders and the public by funding support materials and equipment; and WHEREAS, the primary goal of the AFG grant program is to assist local fire departments’ capabilities by providing essential equipment to respond to emergencies, assuring that departments have adequate protection from fire and fire related hazards; and WHEREAS, the funding, if awarded, shall be used to purchase a rescue-pumper fire apparatus to support Milton Fire Department fire suppression operations in the Highway 9 area and throughout the City; and WHEREAS, evidence authorizing the acceptance of said application may be provided to assist in the application process. NOW, THEREFORE BE IT SO RESOLVED, this 17th day of October, 2011 by the Mayor and Council of the City of Milton that the submission of the Department of Homeland Security’s Assistance to Firefighters Grant application is hereby approved; and if awarded the Mayor is hereby authorized to execute the award package with directives under the Department of Homeland Security. ______________________________ Attest: Joe Lockwood, Mayor Sudie AM Gordon, City Clerk (Seal)