PLEASE NOTE: This and other city meetings may be audio and/or videotaped for broadcast, transcription and/or archival purposes. As set forth in the
Americans with Disabilities act (ADA) of 1992, the City of Duluth government does not discriminate on the basis of disability in the admission or access to or treatment of employment in its programs or activities, and complies with the requirements contained in section 35.107 of the Department of Justice regulations. Any requests for reasonable accommodations required by individuals to fully participate in any open meeting, program, or activity of the City of Duluth government should be made seven days prior to the event. Inquiries should be directed to the ADA Coordinator in the Planning Department, located at 3167 Main Street, Duluth, GA. 30096, telephone (770) 476-1790.
SUMMARY: Earlier this year the Council awarded a contract to 5 Seasons Mechanical to complete a test and balance of the HVAC system at the Public
Safety Building. The project also required the contractor to replace 15 controllers that were identified as not working. The 15 controllers have been replaced and the contractor is now recommending the 35 remaining controllers also be replaced. The contractor has noted the existing 35 controllers are no longer supported by the system program software and as a result adjustments are limited.
SUMMARY: As the next step in the process, the Rogers Bridge project delivery team is preparing to let the project to construction in the spring of
2020. As with previous phases, this phase will require an intergovernmental agreement (IGA) between the City of Duluth and our partner agencies - City of Johns Creek, Gwinnett County, and Fulton County.
In March of 2019, Council approved funding for Phase 1 Design, Permitting and Construction documents for the Rogers Bridge trailhead restroom and
park parking. The completed geotechnical study indicated a suitable site for the trailhead/restroom facility that will be centrally located between the two large pavilions, close to the bridge site, and adjacent to the walking path and playground. The proposed parking sites will service both pavilions while maintaining green-space.
Gwinnett County is open to amending both IGAs for this purpose, should Council wish to do so. Staff will need to know which projects are a priority
at this time, and which projects will remain on the to-do list for future funding. In the event money is not be shifted between 2014 and 2017 SPLOST budget agreements, staff will need to know which fund-able projects to move forward with at this time.
Staff provided two (2) presentations to Council in 2018 related to on-street parking in residential districts. The outcome of those discussions was
to publish an article in Duluth Life related to parking regulations in the City of Duluth. While the article was well received by the community, on street parking in neighborhoods continues to be an issue expressed by many residents.
This INTERGOVERNMENTAL AGREEMENT ( Agreement ) is made and entered into as of the ___day of __________, 2019, by and between the CITY OF DULUTH,
GEORGIA, a municipal corporation in the State of Georgia ( DULUTH ), the CITY OF JOHNS CREEK, GEORGIA, a municipal corporation in the State of Georgia ( JOHNS CREEK ), FULTON COUNTY, a political subdivision of the State of Georgia ( FULTON ), and GWINNETT COUNTY, a political subdivision of the State of Georgia ( GWINNETT ).
A. DULUTH, JOHNS CREEK, FULTON and GWINNETT, each individually, agree to
contribute equally to meet the matching fund requirements and any shortfall required for Project Approval by the Georgia Department of
Transportation. This total match amount is estimated at THREE HUNDRED AND FIFTY THOUSAND DOLLARS ( 350,000.00) each. This amount represents a good faith estimate based on the project scope and anticipated construction bids. Actual construction bids will not be known until they are opened, after advertisement.
E. At project completion, DULUTH will reconcile actual unit cost items and prorate
lump sum items, as needed, based upon actual units installed during construction of the project to determine DULUTH s, JOHNS CREEK s, FULTON s and
GWINNETT s actual share of the project cost. DULUTH will reimburse JOHNS CREEK, FULTON, and GWINNETT for any project cost savings or invoice JOHNS CREEK, FULTON, and GWINNETT for any project cost overruns attributable to the project as described in this agreement and based upon the advances described in Section 3A above. DULUTH will reimburse JOHNS CREEK, FULTON, and GWINNETT for any project cost savings within sixty (60) days of project close out. If it is necessary for DULUTH to invoice JOHNS CREEK, FULTON, and GWINNETT for project cost overruns, JOHNS CREEK, FULTON, and GWINNETT will reimburse DULUTH within sixty (60) days of the invoice.
the parties hereto and supersedes any and all prior agreements, negotiations, and communications between the four parties hereto for this project.
Notwithstanding the foregoing, DULUTH, JOHNS CREEK, FULTON and GWINNETT agree to remain bound by the previous intergovernmental agreements to provide funding for preconstruction efforts with regard to this project.
Unless otherwise specifically provided herein, nothing in this Agreement is intended to create any rights in any individual, firm, corporation, or
entity not a party to this Agreement. DULUTH, JOHNS CREEK, FULTON and GWINNETT shall not indemnify or hold harmless any other party s agents, officers, servants, or employees, past and present, in connection with this Agreement. Each party hereto shall assume and defend at its own cost, any suit, action or other proceeding brought against it arising from any actions taken by that party s agents, officers, servants, and employees in furtherance of the projects. To the extent it is able under the terms of its agreements with GDOT and FHWA relating to this project, DULUTH will request that any contractor retained or selected by DULUTH to provide services related to the project contemplated in this Agreement, indemnify and hold harmless DULUTH, JOHNS CREEK, FULTON, and GWINNETT as well as their commissioners, officers, officials, employees, and agents, from and against any and all loss and/or expense which they or any of them may suffer or pay as a result of claims or suits due to, because of, or arising out of any and all such injuries, deaths and/or damage. Any contractor retained by DULUTH if requested, may be required to assume and defend at the contractor s own expense, any suit, action or other legal proceedings arising there from in which DULUTH, JOHNS CREEK, FULTON, and GWINNETT, and/or their commissioners, officers, officials, employees, and agents, are named as a party, and the contractor may be required to satisfy, pay, and cause to be discharged of record any judgment
which may be rendered against DULUTH, JOHNS CREEK, FULTON, and GWINNETT or their commissioners, officers, officials, employees, and agents, arising
there from. To the extent it is able under the terms of its agreements with GDOT and FHWA relating to this project DULUTH will ensure that the provisions of this Article are included in all contracts and subcontracts relating to the construction of this project.
Prior to beginning work, DULUTH shall cause its contractors to obtain and furnish certificates of insurance in which DULUTH, JOHNS CREEK, FULTON, and
GWINNETT are named as an Additional Insured. Minimum coverage amounts will be based on FHWA and/or GDOT requirements. If FHWA and/or GDOT do not provide minimum requirements for the construction contract for this project, the following minimum amounts of insurance will be required prior to the undertaking of any of the activities contemplated under this Agreement, as applicable:
i. Workers Compensation Employer s Liability Insurance. Workers Compensation Insurance in compliance with the applicable Workers Compensation Act(s)
of the state(s) wherein the work is to be performed or where jurisdiction could apply in amounts required by statutes. Employer s Liability Insurance, with limits of liability of not less than 1,000,000 per accident for bodily injury or disease.
ii. Commercial General Liability Insurance, including contractual liability insurance, products and completed operations, personal injury, bodily
injury, property damage and advertising injury, and any other type of liability for which this Contract applies with limits of liability of not less than 1,000,000 each occurrence/ 2,000,000 policy aggregate for personal injury, bodily injury, and property damage. Commercial General Liability Insurance shall be written on an occurrence form. Insurance shall not contain Exclusion- Explosion, Collapse and Underground Property Damage
v. Contractors Pollution Legal Liability Insurance and/or Asbestos Legal Liability Insurance applicable to the work to be performed with limits not
less than 2,000,000 per occurrence or claim/ 2,000,000 policy aggregate. Insurance policy shall not contain lead-based paint or asbestos exclusions. If the services involve mold identification/remediation, the Contractors Pollution Liability policy shall not contain a mold exclusion, and the definition of Pollution shall include microbial matter, including
vi. Professional (Errors and Omissions) Liability Insurance- Insurance appropriate to the Contractor s profession with limits of liability of not
less than 3,000,000 per occurrence or claim / 3,000,000 policy aggregate. Coverage shall be sufficiently broad to respond to the duties and obligations as is undertaken by Contractor in this Contract. The policy shall be amended to include independent contractors providing professional services on behalf of or at the direction of the Contractor. The definition of Contractual Liability shall be amended to state that liability under a contract of professional services is covered. The Contractor shall ensure that coverage under this policy continues for a period of thirty-six (36) months after completion of services.
Insurance shall be maintained in full force and effect during the life of this Agreement and until final completion of the work contemplated under
this Agreement. The scope and coverage of the insurance protection shall extend beyond the completion of the project until the expiration of any applicable statutes of limitations. DULUTH shall retain the right to satisfy any or all of its insurance obligations under this Agreement by means of a Self-Funded Plan or Program. Nothing herein shall be construed as a waiver of either party s sovereign immunity as a governmental body, or waiver of any governmental immunities available to its officers, officials, employees or agents.
Authorized representatives of JOHNS CREEK, FULTON, and GWINNETT may at all reasonable times, upon reasonable notice, review and inspect the
activities and data collected under the terms of this Agreement and any amendments thereto, including but not limited to, all reports, drawings, studies, specifications, estimates, maps and computations prepared by or for DULUTH or its contractors.
DULUTH shall keep accurate records with regard to the activities conducted under this Agreement and submit to JOHNS CREEK, FULTON, and GWINNETT upon
request, such information as is required in order to ensure compliance with this agreement.
This Agreement is entered into solely for the benefit of DULUTH, JOHNS CREEK, FULTON, and GWINNETT and no other person or entity shall be considered
a third-party beneficiary by virtue of this Agreement or otherwise entitled to enforce the terms of this Agreement for any reason whatsoever.
Section 14 Assignment; Binding Effect.
The rights and obligations of the Parties under this Agreement are personal and may not be assigned without the prior written consent of DULUTH,
JOHNS CREEK, FULTON, and GWINNETT. Subject to the foregoing, this Agreement shall be binding upon and enforceable against, and shall inure to the benefit of, the parties hereto and their respective successors and permitted assigns.
Section 15 Notices
All notices, certificates or other communications hereunder shall be sufficiently given