LEGISLATION HISTORY BLUE BACK

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1 LEGISLATION HISTORY BLUE BACK CITY COUNCIL ATLANTA, GEORGIA A RESOLUTION BY COUNCILMEMBER KEISHA LANCE BOTTOMS AUTHORIZING THE MAYOR, OR HIS DESIGNEE, TO ENTER INTO AMENDMENT AGREEMENT NUMBER 28 WITH SD&C, INC. FOR FC-4943D, ANNUAL CONTRACT TO CONSTRUCT SIDEWALKS, DRIVEWAYS, CURBS, AND GUTTERS TO ADD FUNDING FOR THE DRAINAGE IMPROVEMENT PROJECTS LOCATED AT NISKEY LAKE TRAIL, MEREDITH DRIVE N.W., AND THE DRAINAGE GI PROJECT LOCATED AT WINALL DOWN ROAD AND VERMONT ROAD ON BEHALF OF THE DEPARTMENT OF PUBLIC WORKS, IN AN AMOUNT NOT TO EXCEED SEVEN HUNDRED FIFTY-FIVE THOUSAND TWO HUNDRED FIFTEEN DOLLARS AND NO CENTS ($755,215.00); WITH ALL CONTRACTED WORK TO BE CHARGED TO AND PAID FROM FUND, DEPARTMENT, ORGANIZATION AND ACCOUNT NUMBERS LISTED HEREIN; AND FOR OTHER PURPOSES. Workflow List: Clerk of Council Completed 11/18/2014 3:26 PM Atlanta City Council Completed 11/20/2014 1:43 PM City Utilities Committee Completed 11/24/2014 1:09 PM Atlanta City Council Completed 12/08/ :10 PM Mayor's Office Pending HISTORY: 11/17/14 Atlanta City Council REFERRED WITHOUT OBJECTION RESULT: REFERRED WITHOUT OBJECTION Next: 11/24/2014 9:30 AM 11/24/14 City Utilities Committee FAVORABLE RESULT: FAVORABLE [UNANIMOUS] Next: 12/1/2014 1:00 PM AYES: Archibong, Young Jr., Adrean, Sheperd, Wan ABSENT: Andre Dickens, Howard Shook 12/01/2014 Atlanta City Council ADOPTED RESULT: ADOPTED [11 TO 0] MOVER: Keisha Lance Bottoms, Councilmember, District 11 AYES: Norwood, Dickens, Smith, Winslow, Archibong, Wan, Shook, Moore, Martin, Bottoms, Sheperd EXCUSED: Michael Julian Bond AWAY: Kwanza Hall, Ivory Lee Young Jr., Yolanda Adrean Page 1 of 10

2 Certified by Presiding Officer Certified by Clerk Mayor s Action See Authentication Page Attachment Page 2 of 10

3 CITY COUNCIL ATLANTA, GEORGIA SPONSOR SIGNATURES Page 3 of 10

4 A RESOLUTION BY COUNCILMEMBER KEISHA LANCE BOTTOMS AUTHORIZING THE MAYOR, OR HIS DESIGNEE, TO ENTER INTO AMENDMENT AGREEMENT NUMBER 28 WITH SD&C, INC. FOR FC-4943D, ANNUAL CONTRACT TO CONSTRUCT SIDEWALKS, DRIVEWAYS, CURBS, AND GUTTERS TO ADD FUNDING FOR THE DRAINAGE IMPROVEMENT PROJECTS LOCATED AT NISKEY LAKE TRAIL, MEREDITH DRIVE N.W., AND THE DRAINAGE GI PROJECT LOCATED AT WINALL DOWN ROAD AND VERMONT ROAD ON BEHALF OF THE DEPARTMENT OF PUBLIC WORKS, IN AN AMOUNT NOT TO EXCEED SEVEN HUNDRED FIFTY-FIVE THOUSAND TWO HUNDRED FIFTEEN DOLLARS AND NO CENTS ($755,215.00); WITH ALL CONTRACTED WORK TO BE CHARGED TO AND PAID FROM FUND, DEPARTMENT, ORGANIZATION AND ACCOUNT NUMBERS LISTED HEREIN; AND FOR OTHER PURPOSES. WHEREAS, the City did solicit Bids for Contract No. FC Annual Contract to Construct Sidewalks, Driveways, Curbs and Gutters ("Contractors"); and WHEREAS, the Atlanta City Council adopted Resolution 09-R-1549 on September 21, 2009, and the Mayor approved the same on September 25, 2009 which authorized the Agreement for FC-4943D with SD&C, Inc.; and WHEREAS, the base term of the Contract was for a period of two (2) years, with two (2) one ( 1) year renewal options to be exercised at the sole discretion of the City effective October 2, 2009 through October 1, 2011; and WHEREAS, the Department of Public Works entered into Amendment Agreement Number 1 with SD&C, Inc. for FC-4943D, Annual Contract to Construct Sidewalks, Driveways, Curbs and Gutters ("Contract") via Resolution 09-R-1926 adopted by the City Council on November 16, 2009 and approved by the Mayor on November 24, 2009 in an amount not to exceed Six Hundred Fifty Four Thousand One Hundred Seventy Three Dollars and Seventy Eight Cents ($654,173.78); and WHEREAS, the Department of Public Works entered into Amendment Agreement Number 2 on the Contract with SD&C, Inc. via Resolution 1 0-R-1269 adopted by the City Council on July 19, 2010 and approved by the Mayor on July 27, 2010 in an amount not to exceed Seven Hundred Sixty One Thousand Three Hundred Twenty Nine Dollars and Six Cents ($761,329.06); and WHEREAS, the Department of Public Works entered into Amendment Agreement Number 3 on the Contract with SD&C. Inc. for certain Redevelopment projects along Peachtree Street and certain surrounding areas via Ordinance adopted by the City Council on October 18, Page 4 of 10

5 2010 and approved per City Charter Section on October 27, 2010 in an amount not to exceed Two Hundred Thousand Dollars ($200,000.00); and WHEREAS, the Department of Public Works entered into Amendment Agreement Number 4 on the Contract with SD&C, Inc., via Resolution 1 0-R-1826 adopted by the City Council on November 1, 2010 and approved per City Charter Section on November 10, 2010 in an amount not to exceed Six Hundred Thirty Nine Thousand Two Hundred Forty Six Dollars and Forty Two Cents ($639,246.42); and WHEREAS, the Department of Public W orb on the Contract with SD&C, Inc. via Resolution January 18, 2011 and approved per City Charter not to exceed One Million Five Hundred Dollars ($1,525,593.00); and into Amendment Agreement Number 5 1-R-0087 adopted by the City Council on on January 27, 2011 in an amount Five Thousand Five Hundred Ninety Three WHEREAS, the Department of Parks, Recreation, and Cultural AtTairs submitted Amendment Agreement Number 6 on the Contract with SD&C, Inc via Resolution 1 0-R-2223 in an amount not to exceed Sixty Four Thousand Nine Hundred Forty Seven Dollars and Fifty Cents ($64,947.50) but said legislation was not passed, and instead. was filed by the City Council on February 7, 2011; and WHEREAS, the Department of Public Works entered into Amendment Agreement Number 7 on the Contract with SD&C, Inc. via Resolution 11-R-1423 adopted by City Council on October 3, 2011 approved per City Charter Section on October 12, 2011 in an amount not to exceed Two Hundred Dollars ($200,000.00); and WHEREAS, the Department of Public Works entered into Amendment Number 8 on the Contract with SD&C, Inc. via Resolution 11-R-1501 adopted by the City Council on November 7, 2011 and approved per City Charter on 16, 2011 in an amount not to exceed Two Hundred Twenty Five Thousand Dollars ($225,00.00) and WHEREAS, the Chief Procurement Officer authorized a 90-day extension of the Contract on Page 5 of 10

6 September 27, 2011 giving a new expiration date of December ; and WHEREAS, the Department of Public Works entered into Renewal Agreement Number 1 with SD&C, Inc. for time only and to add "Brick" as an additional line item via Resolution 11-R-1735 adopted by the City Council on December 6, 2011 and approved by the Mayor on December 12, 2011 giving a new expiration date of December 29, 2012; and WHEREAS, the Department of Public Works entered into Renewal Agreement Number 2 with SD&C., Inc. for time only via Resolution 12-R-1361 adopted by the City Council on October 15, 2012 and approved per City Charter Section on October 24, 2012 giving a new expiration date of December 27, 2013; and WHEREAS, the Department of Public Works entered into Amendment Agreement Number 9 (Administrative Change Order) on the Contract with SD&C, Inc., in November 2012, which did not require legislative action, in an amount not to exceed Sixty Two Thousand Six Hundred Fifty Dollars and No Cents ($62,650.00); and WHEREAS, the Department of Public Works entered into Amendment Agreement Number 10 on the Contract with SD&C, Inc. via Resolution 12-R-1724 adopted by the City Council on November 19, 2012 and approved per City Charter Section on November 28, 2012 for Peyton Road embankment and flooding issues in an amount not to exceed Ninety Seven Thousand Three Hundred Thirty Five Dollars and No Cents ($97,335.00); and WHEREAS, the Department of Public Works entered into Amendment Agreement Number 11 (Administrative Change Order) on the Contract with SD&C, Inc., in December 2012, which did not require legislative action, in an amount not to exceed Thirty Thousand Six Hundred Twenty Five Dollars and No Cents ($30,625.00); and WHEREAS, the Department of Public Works entered into Amendment Agreement Number 12on the Contract with SD&C, Inc. via Resolution 12-R-1732 adopted by the City Council on December 3, 2012 and approved per City Charter Section on December 12, 2012 for to include additional unit price line items for bridges and to provide construction services for the Adams Drive Bridge Project in an amount not to exceed One Million Three Hundred Fifty Four Thousand Three Hundred Seventeen Dollars and Seventy Cents ($1,354,317.70); and Page 6 of 10

7 WHEREAS, the Department of Public Works entered into Amendment Agreement Number 13 on the Contract with SD&C, Inc., in an amount not to exceed Three Hundred Eighteen Thousand Dollars and No Cents ($318,000.00) via Resolution 13-R-0423 adopted by the City Council on March 18, 2013 approved per City Charter Section on March 27, 2013; and WHEREAS, the Department of Public Works entered into Amendment Agreement Number 14 (Administrative Change Order) on the Contract with SD&C, Inc., in January 2013, which did not require legislative action, in an amount not to exceed One Hundred Seventeen Thousand Nine Hundred Ninety Eight Dollars and Ten Cents ($117, ); and WHEREAS, the Department of Public Works entered into Amendment Agreement Number 15 (Administrative Change Order) on the Contract with SD&C, Inc., in March 2013, which did not require legislative action, in an amount not to exceed Thirty One Thousand Three Hundred Thirty One Dollars and Twenty Nine Cents ($31,331.29); and WHEREAS, the Department of Public Works entered into Amendment Agreement Number 16 on the Contract with SD&C, Inc. to include additional unit price line items for recycled concrete via Resolution 13-R-3008 adopted by the City Council on May 6, 2013 and approved per City Charter Section on May 15, 2013; and WHEREAS, the Department of Public Works entered into Amendment Agreement Number 17on the Contract with SD&C, Inc. to provide milling, resurfacing, pedestrian crossing, installation and ADA compliant services for 11 high priority bicycle improvement projects in an amount not to exceed Six Hundred Eighteen Thousand Two Hundred Fifteen Dollars and Forty Three Cents ($618,215.43) via Resolution 13-R-3156 adopted by the City Council on June 17, 2013 and approved per City Charter Section on June 26, 2013; and WHEREAS, the Department of Watershed Management entered into Amendment Agreement Number 18 on the Contract to provide milling, resurfacing and striping in an amount not to exceed Five Hundred Thirty Three Thousand Forty Eight Dollars and Ninety One Cents ($533,048.91) via Resolution 13-R-3241 adopted as amended by the City Council on June 3, 2013 and approved per City Charter Section on June 26, 2013; and WHEREAS, the Department of Watershed Management entered into Amendment Agreement Number 19 on the Contract to add additional funding for the Adams Drive Bridge Project in an Page 7 of 10

8 amount not to exceed Six Hundred Forty Five Thousand Six Hundred Eighty Two Dollars and Thirty Cents ($645,682.30) via Resolution 13-R-3526 adopted by the City Council on September 3, 2013 and approved per City Charter Section on September 12, 2013; and WHEREAS, the Department of Public works entered into Amendment Agreement Number 20 to extend the term of this Contract on a month to-month basis for a period not to exceed six ( 6) months via Ordinance adopted City Council on December 2, 2013 and approved per City Charter Section on 11, 2013 giving a new expiration date of June 26, 2014; and WHEREAS, the Department of Public works entered into Amendment Agreement Number 21 on this Contract to add additional funding for the Niskey Lake Trail Drainage Project in an amount not to exceed Sixty Thousand Nine Hundred Dollars and No Cents ($60,900.00) via Resolution 14-R-3393 adopted by the City Council on April 21, 2014 and approved per City Charter Section on April 30, 2014; and WHEREAS, the Department of Public works entered into Amendment Agreement Number 22 on this Contract for the Niskey Lake Trail Drainage Study, Niskey Lake Trail Culvert Repair and the Danforth Road Sidewalk Projects in an amount not to exceed Three Hundred Thirty Six Thousand One Hundred Sixty Five Dollars and No Cents ($335,165.00) via Resolution 14-R adopted by City Council on May 19, 2014 and approved per City Charter Section on May 28, 2014; and WHEREAS, the Department of Public works entered into Amendment Agreement Number 23 to extend the term of this Contract on a month- basis for a period not to exceed six ( 6) months via Ordinance adopted by the City Council on June and approved per City Charter Section on June 1 L 2014 giving a new expiration date of December 26, 2014; And WHEREAS, the Department of Public works submitted Amendment Agreement Number 24 on the Contract with SD&C Inc. via Resolution 14-R-3750 to add additional funding for Niskey Lake Trail and North Cherokee Trail Culvert Repair in an amount not to exceed One Hundred Fifty Thousand Dollars and No Cents ($150,000.00), but said legislation was not passed, and instead, was filed by the City Council on July 7, 2014; Page 8 of 10

9 WHEREAS, the Department of Public works entered into Amendment Agreement Number 25 on the Contract with SD&C, Inc., via Resolution 14-R-3820 for Annual Contract to Construct Sidewalks, Driveways, Curbs, and Gutters in an amount to exceed Eight Hundred Seventy Seven Thousand One Hundred Forty Seven Dollars and Forty Seven Cents ($877,147.47) adopted by the City Council on July 7, 2014 and approved per City Charter Section on July 16, 2014; and WHEREAS, the Department of Public Works entered into Amendment Agreement Number 26 on the Contract with SD&C, Inc., via Resolution 14-R-4227 for Annual Contract to Construct Sidewalks, Driveways, Curbs, and Gutters in an amount to exceed Two Hundred Thousand Dollars and No Cents ($200,000.00) adopted by the City Council on October 6, 2014 and approved per City Charter Section on October ; and WHEREAS, the Department of Public Works will enter into Amendment Agreement Number 27 for FC-4943D to extend the term of this Contract on a month-to-month basis for a period not to exceed six ( 6) months with the option to terminate at any time during the six month period conditioned upon giving SD&C, Inc. thirty days written notice of such early termination; and WHEREAS, the Department of Public Works desires to enter into Amendment Agreement Number 28 SD&C, Inc., for FC-4943D to add funding for the Drainage Improvement Project located at Niskey Lake Trail, Meredith Drive N.W., and the Drainage GI Project located at Winall Down Road and Vermont Road in an amount not to exceed Seven Hundred Fifty Five Thousand Two Hundred Fifteen Dollars and No Cents ($755,215.00); and WHEREAS, SD&C, Inc. has performed the contracted services satisfactorily; and WHEREAS, the Commissioner of the Department of Public Works recommends Amendment Agreement Number 28 for FC-4943D, Annual Contract to Construct Sidewalks, Driveways, Curbs and Gutters. THE CITY COUNCIL OF THE CITY OF ATLANTA, GEORGIA HEREBY RESOLVES, the Mayor, or his designee. is authorized to enter into Amendment Agreement Number 28 for FC-4943D, Annual Contract to Construct Sidewalks, Driveways, Curbs, and Gutters with SD&C, Inc. to add funding for the Drainage Improvement Project located at Niskey Lake Trail, Meredith Drive N.W., and the Drainage GI Project located at Winall Down Road and Page 9 of 10

10 Vermont Road in an amount not to exceed Seven Hundred Fifty Five Thousand Two Hundred Fifteen Dollars and No Cents ($755,215.00) on behalf of the Department of Public Works. BE IT FURTHER RESOLVED, that all contracted work shall be charged to and paid from the listed FDOA: 5052 (Water and Wastewater R&E) (DWM Water Linear Maint./Repair) (Facilitates Other Than Buildings) (Distribution) (Water Mains Various) (DWM RNE 9999) PTAEO: COA BE IT FURTHER RESOLVED, that the chief Procurement Officer is directed to assist the City Attorney in the preparation of the appropriate Agreement for execution by the Mayor, or his designee. BE IT FINALLY RESOLVED, that the Agreement shall not become binding upon the City, and the City shall incur no obligation or liability under it until it has been approved by the City Attorney as to form, executed by the Mayor, attested to by the Municipal Clerk and delivered to SD&C Inc. Page 10 of 10

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