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Home My WebLink About01-23-2013-Packet Joe Lockwood, Mayor CITY COUNCIL Karen Thurman Matt Kunz Bill Lusk Burt Hewitt Joe Longoria Lance Large CITY COUNCIL CHAMBERS City Hall, Suite 107E Wednesday, January 23, 2013 Regular Council Meeting Agenda 6:00 PM INVOCATION - Remco Brommet, Chaplain for City of Milton Police and Fire 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. 13-014) 4) PUBLIC COMMENT 5) CONSENT AGENDA 1. Approval of the December 17, 2012 Regular Council Minutes. (Agenda Item No. 13-015) (Sudie Gordon, City Clerk) 2. Approval of the Financial Statements for the Period Ending December, 2012. (Agenda Item No. 13-016) (Stacey Inglis, Assistant City Manager) MILTON CITY COUNCIL REGULAR COUNCIL MEETING JANUARY 23, 2013 Page 2 of 3 Persons needing special accommodations in order to participate in any City meeting should call 678-242-2500. 3. Approval of a Construction Services Agreement between the City of Milton and Strickland Pipeline and Construction, Inc. for Demolition of Structures at 13690 State Highway 9. (Agenda Item No. 13-017) (Carter Lucas, Public Works Director) 4. Approval of a Professional Services Agreement between the City of Milton and Gresham, Smith and Partners for Concept Plans for Hopewell Road-Bethany Bend/Way Intersection Improvements. (Agenda Item No. 13-018) (Carter Lucas, Public Works Director) 6) REPORTS AND PRESENTATIONS 1. Proclamation Recognizing SkillsUSA Charter Day at Cambridge High School. (Presented by Mayor Joe Lockwood) 7) FIRST PRESENTATION (None) 8) PUBLIC HEARINGS (None) 9) ZONING AGENDA 1. Consideration of RZ12-16/VC12-06 - 12855 Hopewell Road, Beazer Homes, to rezone from AG-1 (Agricultural) to NUP (Neighborhood Unit Plan) to develop 29 single family homes at a density of 4.18 units per acre. A 2 part concurrent variance, 1) Reduce the periphery setback from 40 feet to 25 feet along the east and north property lines and 7 feet along the south property line (Sec 64-921(i)). 2) To allow sidewalks along only one side of the street on the interior of the development (Sec 64-2393). (Agenda Item No. 13-019 ) (Kathleen Field, Community Development Director) 10) UNFINISHED BUSINESS 1. Consideration of a Resolution Electing Absent Municipality Status Regarding All Future LOST Proceedings Related to and Triggered by the 2010 Census. (Agenda Item No. 12-328) (Deferred at January 7, 2013 Regular Council Meeting) (Chris Lagerbloom, City Manager) MILTON CITY COUNCIL REGULAR COUNCIL MEETING JANUARY 23, 2013 Page 3 of 3 Persons needing special accommodations in order to participate in any City meeting should call 678-242-2500. 11) NEW BUSINESS 1. Consideration of the Approval of a Resolution to Set Qualifying Fees for the 2013 Municipal Elections. (Agenda Item No. 13-020) (Chris Lagerbloom, City Manager) 2. Consideration of a Resolution to Amend Resolution No. 07-11-04 Changing Authorized Signers and Bank Account Information for the Georgia Fund 1 State Investment Pool Account. (Agenda Item No. 13-021) (Stacey Inglis, Assistant City Manager) 3. Consideration and Possible Approval of a Settlement Agreement between the City of Milton and Action Outdoor Advertising JV, LLC; KH Outdoor, LLC; Covenant Media of Georgia, LLC and Granite State Outdoor Advertising, Inc. Over Pending, Threatened, and Adjudicated Litigation Related to Applications for Billboards within the Corporate Boundaries of Milton where such Applications were Submitted to Fulton County Government prior to the City of Milton’s Incorporation. (Agenda Item No. 13-022) (Ken Jarrard, City Attorney) 12) MAYOR AND COUNCIL REPORTS 13) STAFF REPORTS 14) EXECUTIVE SESSION (if needed) 15) ADJOURNMENT (Agenda Item No. 13-023) The minutes will be Provided electronically To: Honorable Mayor and City Council Members From: Stacey Inglis, Assistant City Manager Date: Submitted on January 16, 2013 for the January 23, 2013 Regular Council Meeting Agenda Item: Financial Statements for Period 3 – December 2012 Overview and Financial Highlights: General Fund Revenue collections for the General Fund are 2.3% over what is anticipated for the third period of the fiscal year. Total expenditures to-date are $3,642,689 and are 4.1% 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 $12,708,731, capital expenditures-to-date total $2,510,199. 1 City of Milton STATEMENT OF REVENUES & EXPENDITURES General Fund For the Period Ending December 2012 Actual Budgeted Variance over/(under)Actual Budgeted Variance over/(under) Property Tax 8,048,100 143,237 128,000 15,237 143,237 128,000 15,237 Motor Vehicle Tax 550,000 46,699 45,833 866 107,266 91,667 15,600 Intangible Tax 200,000 21,168 16,667 4,502 46,074 33,333 12,741 Real Estate Transfer Tax 40,000 3,277 3,333 (57) 7,718 6,667 1,052 Franchise Fees 1,700,000 - - - - - - Local Option Sales Tax 4,000,000 329,929 333,333 (3,405) 662,019 666,667 (4,648) Alcohol Beverage Excise Tax 280,000 25,770 23,333 2,437 50,787 46,667 4,121 Business & Occupation Tax 585,000 10,892 5,850 5,042 12,159 5,850 6,309 Insurance Premium Tax 1,500,000 - - - - - - Financial Institution Tax 30,000 - - - - - - Penalties & Interest 36,200 6,348 3,017 3,331 15,093 6,158 8,935 Alcohol Beverage Licenses 134,000 17,035 6,700 10,335 131,450 127,300 4,150 Other Non-Business Permits/Licenses 9,400 405 700 (295) 2,391 2,172 219 Zoning & Land Disturbance Permits 27,500 1,965 2,292 (327) 9,257 6,875 2,382 Building Permits 240,000 29,550 20,000 9,550 97,674 60,000 37,674 Other Charges for Service 412,470 32,069 33,211 (1,142) 85,217 97,618 (12,401) Municipal Court Fines 461,000 25,033 38,417 (13,383) 58,516 115,250 (56,734) Interest Earnings 15,000 2,287 - 2,287 5,704 3,750 1,954 Contributions & Donations - - - - 3,317 - 3,317 Other Revenue 25,440 1,895 625 1,270 2,757 6,360 (3,603) Other Financing Sources 44,000 2,800 800 2,000 6,934 11,000 (4,066) Total Revenues 18,338,110 700,359 662,111 38,249 1,447,570 1,415,333 32,237 Actual Budgeted Variance over/(under)Actual Budgeted Variance over/(under) Mayor and Council 188,877 16,684.78 14,698 1,986 37,873 38,499 (626) Clerk of the Council 244,172 14,461.37 17,089 (2,627) 51,400 54,207 (2,807) City Manager 306,572 20,602.73 20,926 (323) 70,326 74,466 (4,140) General Administration 39,664 670.82 2,704 (2,033) 12,175 14,611 (2,436) Finance 487,331 34,976.62 30,854 4,122 116,894 108,950 7,945 Legal 230,000 13,728.39 19,167 (5,438) 13,728 19,167 (5,438) Information Technology 611,976 47,109.67 46,886 223 171,131 175,192 (4,060) Human Resources 258,354 16,045.34 16,605 (560) 55,470 55,058 412 Risk Management 195,015 - - - - - - General Government Buildings 352,402 35,713.50 35,714 - 44,107 43,914 193 Public Information & Marketing 148,224 5,984.36 8,626 (2,642) 21,956 30,265 (8,308) Municipal Court 237,712 15,341.33 16,897 (1,556) 48,058 55,041 (6,983) Police 3,012,510 188,515.04 203,265 (14,750) 598,937 649,335 (50,398) Fire 4,574,364 300,969.92 297,970 3,000 1,104,658 1,117,424 (12,766) EMS Operations 132,250 11,020.83 11,021 (0) 33,062 33,063 (0) Public Works 1,643,698 118,923.36 149,978 (31,055) 271,405 308,405 (37,000) Parks & Recreation 581,826 29,940.64 41,426 (11,486) 63,861 82,410 (18,550) Community Development 906,467 59,705.86 62,699 (2,993) 196,750 202,343 (5,593) Debt Service - Capital Lease Payment 90,770 - - - 90,769 90,769 - Operating Transfers to Other Funds 6,024,288 - - - 489,572 489,572 - Operating Reserve 142,422 - - - - - - Total expenditures 20,408,894 930,395 996,525 (66,131)3,492,133 3,642,689 (150,556) Net Income/(Loss)(2,070,784)(230,035)(2,044,563) Revenues Annual Budget Current Month Year-to-Date Operating Expenditures Annual Budget Current Month Year-to-Date 2 Original Budgeted Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES Milton Roundup Vendor Fee 1,275$ 570$ 570$ (705)$ Earth Day Vendor Fee 1,500 - - (1,500) Interest Revenues 100 4 11 (89) Milton Roundup Sponsor 5,000 - 10,881 5,881 Earth Day Sponsor 2,000 1,000 1,000 (1,000) Concert Sponsor - - - - Mayor's Run Sponsor 1,500 - (1,500) Donations/Better World Books - - - - T-shirt Sales - - - - Mayor's Run Reg. Fees 2,250 - - (2,250) Roundup Food Sales - - 642 642 Total revenues 13,625$ 1,575$ 13,105$ (520)$ EXPENDITURES Current: Special Events 59,925$ 5,339$ 33,956$ 25,969$ Total Expenditures 59,925$ 5,339$ 33,956$ 25,969$ OTHER FINANCING SOURCES (USES) Transfers in from Hotel/Motel Tax Fund 30,000$ 4,170$ 9,365$ (20,635)$ Total other financing sources and uses 30,000$ 4,170$ 9,365$ (20,635)$ Net change in fund balances (16,300)$ (11,486)$ City of Milton Special Events Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended December 31, 2012 3 Original Budgeted Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES Cash Confiscations/State Funds -$ -$ -$ -$ Cash Confiscations/Fed Funds/US Marshal - - - - Cash Confiscations/HIDTA - - - Interest Revenues/State Funds - 3 8 8 Interest Revenues/Federal Funds - 2 7 Realized Gain on Investments/State Funds - - - Budgeted Fund Balance - - - - Total revenues -$ 5$ 15$ 8$ EXPENDITURES Current: Police -$ -$ -$ -$ Total Expenditures -$ -$ -$ -$ OTHER FINANCING SOURCES (USES) Transfers in from General Fund -$ -$ -$ -$ Total other financing sources and uses -$ -$ -$ -$ Net change in fund balances -$ 15$ City of Milton Confiscated Assets Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended December 31, 2012 4 Original Budgeted Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES Wireless 911 Fees 785,000$ 33,127$ 68,085$ (716,915)$ Interest Revenue 680 87 206 (474) Total revenues 785,680$ 33,213$ 68,291$ (717,389)$ EXPENDITURES Current: Public Safety 993,599$ 1,600$ 266,699$ 726,900$ Total Expenditures 993,599$ 1,600$ 266,699$ 726,900$ OTHER FINANCING USES Unallocated -$ -$ -$ -$ Total other financing sources and uses -$ -$ -$ -$ Net change in fund balances (207,919)$ (198,409)$ City of Milton E-911 Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended December 31, 2012 5 Original Budgeted Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES Intergovernmental Revenues SAFER Grant -$ -$ -$ -$ Bulletproof Vest Program - - - - Byrne-JAG Grant - - - - GDCC Mini Grants 10,800 342 342 (10,458) FRESH Grant - - - - Interest Revenues - 0 1 1 Total revenues 10,800$ 343$ 343$ (10,457)$ EXPENDITURES Current: General Administration 17,230$ 1,168$ 4,517$ 12,713 Fire 142,994 - - 142,994 Parks & Recreation - - - - Total Expenditures 160,224$ 1,168$ 4,517$ 155,707$ Excess of revenues over expenditures (149,424) (825) (4,174) 145,250 OTHER FINANCING SOURCES (USES) Transfers in from General Fund 149,424$ -$ -$ (149,424)$ Total other financing sources and uses 149,424$ -$ -$ (149,424)$ Net change in fund balances - (4,174) City of Milton Operating Grant Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended December 31, 2012 6 Original Budgeted Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES Taxes Hotel/Motel Taxes 50,000$ 4,170$ 9,365$ (40,635)$ Total revenues 50,000$ 4,170$ 9,365$ (40,635)$ OTHER FINANCING SOURCES/(USES) Transfers out to General Fund 20,000$ -$ -$ (20,000)$ Transfers out to Special Events Fund 30,000 4,170 9,365 (20,635) Total other financing sources and uses 50,000$ 4,170$ 9,365$ (40,635)$ Net change in fund balances - - City of Milton Hotel/Motel Tax Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended December 31, 2012 7 Original Budgeted Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES Charges for Service Infrastructure Maintenance Fee 60,000$ 3,000$ 3,000$ (57,000)$ Sidewalk Replacement Account - - - - Crabapple Paving Fee - 1,050 2,100 2,100 Traffic Calming - - 5,800 5,800 Tree Recompense - - 2,500 2,500 Landfill Host Fees 80,000 - - (80,000) HYA Fees 10,000 - - (10,000) Interest Revenue 5,000 388 1,472 (3,528) Realized Gain or Loss on Investments - - - - Insurance Proceeds/Public Works - - - - Atlanta HIDTA Stipend 3,000 - - (3,000) Capital Lease Proceeds - - - - Total revenues 158,000 4,438$ 14,872$ (143,128)$ EXPENDITURES Capital Outlay City Council 114,226$ 3,495$ 22,997$ 91,229$ IT - - - - Police 1,267,758 - - 1,267,758 Fire 993,117 - - 993,117 Public Works 7,756,040 1,020,538 1,511,865 6,244,175 Parks & Recreation 2,512,523 2,077 955,145 1,557,378 Community Development 65,067 17,174 20,192 44,875 Total Capital Outlay 12,708,731$ 1,043,284$ 2,510,199$ 10,198,532$ Excess of revenues over expenditures (12,550,731) (1,038,846) (2,495,328) (10,341,660) OTHER FINANCING SOURCES/(USES) Transfers in from General Fund 4,879,890$ -$ 406,658$ (4,473,233)$ Unallocated (141,471) - - 141,471 Total other financing sources and uses 4,738,419 - 406,658 (4,331,762) Net change in fund balances (7,812,312) (2,088,670) City of Milton Capital Project Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended December 31, 2012 8 Original Budgeted Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES Intergovernmental Revenues CDBG 170,000$ -$ -$ (170,000)$ GDOT HPP Funds 7,538,427 - - (7,538,427) LCI Funds 100,000 - - (100,000) GA Urban Forestry Grant - 20,000 20,000 20,000 MARTA Grant 177,355 - - (177,355) Deerfield @ Morris Grant 350,000 - - (350,000) SR 9 @ Bethany Bend Grant 60,000 - - (60,000) GDOT-Signage/Landscaping 9,000 - - (9,000) Interest Revenues 1,500 204 550 (950) Total revenues 8,406,282$ 20,204$ 20,550$ (8,385,732)$ EXPENDITURES Capital Outlay Public Works 10,152,651$ 59,060$ 237,681$ 9,914,970$ Community Development 869,000 - - 869,000 Total Capital Outlay 11,021,651$ 59,060$ 237,681$ 10,783,970$ Excess of revenues over expenditures (2,615,369) (38,856) (217,132) 2,398,237 OTHER FINANCING SOURCES (USES) Transfers in from General Fund 994,974$ -$ 82,915$ (912,060)$ Total other financing sources and uses 994,974$ -$ 82,915$ (912,060)$ Net change in fund balances (1,620,395) (134,217) City of Milton Capital Grant Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended December 31, 2012 9 To: Honorable Mayor and City Council Members From: Carter Lucas, PE – Public Works Director Date: Submitted on January 16, 2013 for the January 23, 2013 Regular Council Meeting Agenda Item: Approval of a Construction Services Agreement between the City of Milton and Strickland Pipeline and Construction, Inc. for Demolition of Structures at 13690 State Highway 9 Department Recommendation: Approval. Executive Summary: This contract is for the removal of three structures located on the site of the future Public Safety facility at 13690 State Highway 9. These structures will need to be removed prior to construction of the facility. The structures are not currently maintained and the removal is intended to reduce any potential liability for the city and to remove these unmaintained structures from the business corridor. In accordance with the city procurement procedures 4 bids were solicited to secure a qualified contractor to complete this project. Strickland Pipeline and Construction, Inc. was determined to be the lowest, reliable bidder. Staff is recommending approval of a Construction Services Agreement with Strickland Pipeline and Construction, Inc. in the amount of $9,000.00. Firm Bid Strickland Pipeline and Construction $ 9,000.00 The Wrecking Crew $ 12,750.00 Southern Demolition $ 13,800.00 Jim Sims $ 10,200.00 Page 2 of 2 Funding and Fiscal Impact: Funding for this project is available in the capital Building/Future City Facilities fund. Alternatives: Leave the structures in place and expend funds to maintain them to some degree prior to future demolition. Legal Review: Paul Higbee – Jarrard & Davis (January 8, 2013) Concurrent Review: Chris Lagerbloom, City Manager Attachment(s): Construction Services Agreement City of K lton CONSTRUCTION SERVICES AGREEMENT — SHORT FORM AGREEMENTS S10,000.00 OR I,ESS Building Demolition at 13690 State Highway 9 This Services Agreement (the "Agreement-) is made and entered into this 1��' of bN and between the CITY OF MILTON, GEORGIA {hereinafter referred to as the -City-). and Strickland 1'ipeli.ne and Construction. Inc., a Georgia corporation with its principal place of business located at 125 l;quest Drive. Canton. Georgia 30115 (hereinafter referred to as the "ContractoC) WITNESSETH THAT: WHEREAS. the City desires to employ a contractor to perform the services described herein (the --Work'-): and WHEREAS. Contractor has familiarized itself %rith the Contract Documents, as defined below, the Work. and with all local conditions and applicable federal. state and local laws, ordinances. rules and re'RilatlOnS. NOW THEREFORE. the City and Contractor. in consideration of the mutual promises contained herein and other Mood and valuable consideration. the sufficiency of which is hereby acknowledged. agree as Follows: Section 1. Contract ❑ocumeats: This Agreement and the following named Exhibits, attached hereto and inco4wrated herein by reference. constitute the "Contract Documents": FXI 11R1T A -SCOPE OF WORK: EXHIBIT BANSURANCE CERTFiCATE. FXHIBIT C -CONTRAC'T'OR AFF II,7AV IT AND AGREEMI-`NT. IXIII13IT D -SUBCONTRACTOR AFFIDAVIT: EX1-11131T E-SAVL'• AFFIDAVIT To the extent that there may be any conlliet among the Contract Documents, the provision operating most to the benefit of the City shall goy'ern. Section Z. The Work: Contractor shall provide all Work described in the Contract Documents. In the event of any discrepancy among the Contract Documents, the provisioi] operating most to the benefit of the City, as determined by the City in Its sole dlscretloi]. shall govern. Unless otherwise stated in the Contract Documents. the Work shall include Contractor's Provision of materials, labs}r, expenses, and any other cost or iter; necessary to complete the Work, «hick is generally described as demolition of three (3 ) buildings located ern the property at 13690 State Highway 9 in accordance with the requirements of the scope of work provided 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 oft the progress of the Werk. It shall commence Work pursuant to this Aoreen]eitt on or before a date to be specified un at written "Notice to Proceed" from the Cit, and shall fully cgntp[etc the Work within iii r.tlendar clays of the -Notice to Proceed". Section 4. Work Chances: Any chances to the Werk requiring an increase in the Contract Price, as defined below, shall require a ��rinen change order executed by the City in accordance with its purchasing regulations. Section 5. Compensation and Method of l'ayrnent: City agrees to pay Contractor for the services performed and costs incurred by Contractor upon the C JI -Cs certification that the services were actually perfon]]cd and costs actually incurred in accordance with this Agreement. Compensation for services performed and, if applicable. reimhtirsen]ent for casts incurred shall be paid to Contractor upon the City's receipt and approval of an invoice. submitted upon completion of the Work. settin,- forth in detail the services perfonned and costs incurred. Invoices shall rellect charges incurred versus charges budgeted. '['he total amount paid under this Aureesnent for the Work .,hall sant, in any case, exceed 9.tiUU (.the "Contract Price'"), except as outlined ill Section 4 above. Contractor shall take no calculated risk in the performance of the Work. Specifically, Conlractor agrees that in the event it cannot perform. the Work within the budgetary limitations established without disregardino sound principles of Contractor's industry. Contractor will sgrive written notice thereof ilnniediatei €o the City - Section ti. Covenants of Contractor A. Assignment of rN1 rccnient: Contractor covenants and agrees not to assign or transfer any interest in. nor delegate any duties of this Aureement. without the prior express v4ritterl consent of the City. 13. Responsibility of Contractor and Indemnification of Citi: Contractor covenams and agrees to take and assumttc all responsibility for the services rendered in connection w•itlt the Work. Contractor shall bear all losses and datttages directly or indirectly resulting to it on account of the performance or character of the services rendered pursuant to this A.,reentent. Contractor shall defend, indcntnily and held harmless the City, its officers, beards, commissions_ elected and appointed officials. employees and agents from and against any and all claims_ suits. actions_ habmllty. 'ud-ments, dama�-es. losses. and expenses_ including, brit not limited to, attol"ttev''s tees, which may be the result of willful, negligent or tortious conduct arising out of [Ile Lkk'ork, performance of contracted services" or operations by Contractor, any subc:nntractor, 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 hart by a party indemnified hereunder. Contractor shall not be required to indemnify the City or its officers_ boards. cotnnilssions. elected or appointed officials_ ernployees or agents against liability or claitns for daniagc s. losses, or expenses, includingattorney fees_ arising ❑ut of bodily injury to persons, death, or datnage to property caused by or resulting from mitt sole negligence of the City- or its officers. boards, connnissions. elected or appointed officials. employees or agents. C. Independent Contractor. Contractor hereby covenants and declares that it is engaged in an independent business and aw'rces to perlorm the Work as all independent contractor" not as agent or employee ot'City. Inasmuch as City and Contractor are contractors indeperndent 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 bolh 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. ultless specifically authorized. in advance and in writing, and thetl only for the linlited purpose stated in such authorization. Contractor shall assume full liability for any contracts or agreements Contractor enters itito on behalf of City without the express knowledge and prior written consent of City. d. Insurance: Contractor shall have and maintain in sill] force and effect for the duration of this Agreement, insurance approved by the City as shown on Exhibit -13" 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 nanivual. 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. dra%�ings, specifications, and other items prepared or in the process of being prepared for the Work by Contractor ("materials'_) shill be the property of the City and the City shall be entitled to lull 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 dol'tlmCI1tS necessary to evidence such assignment. G. Contractor's Representative: be authorized to act oil Contractor's behalf cv ith respect to the Work as Contractors 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 ittfonnation and will require any of its subcontractors_ consultants. anchor staff to likewise protect such confidential Information. 1. [VreLIJ11gS: k. ontrtlCLUr snai l ithcct mien L liy s pc rsonncl nr aeshgnlltCCi 1'Cpresentattyt:s in I-esnlyc technical or contraCtual problems that may occur during the terns of•the Contract- at do additional cast to City. Section 7. Warranty: Contractor shall repair all defects in materials• equipment. or %vorkmanship appearing vviIll in one year froln the date ofcompletioil of the Work at no add ItionaI cost to the CIN. Section N. Termination: The Ci€ , Wray• tenninate this A-reentent for convenience at any lime upon written notice to Contractor. Provided that no danlaties are due to the Citi' for Contractors breach of this Agreement, the City steal l pay Contractor fair Work performed to date in accordance with Section 5 herein. Section 9. Miscellaneous A. Governing -Law. This Agreement shall be overned by the laws of the State of Georgia. B. Counterparts. This Agreement maV be exeCtlted in any number of cotrnterparts• each of which shall be deenled to bean original, but all of which together Allall constitute one and the salhle intr sunlcslt. C. Sovereign ]11 muPltV- Nothing contained in this Agreement shall he construed to be a waiver of the City's sovereign immunity or an), Ind iv idiial's quaIitled good faith or offiiiai 1I111nunIties. D. Gmnlo meth of Unauthorized A.liem Prohibited (1) E -Verify Affidavit It is the policy of City that Unauthorized aliens shall not be employed to perforin work on City Contracts involving the physical performance of services. I'herefore- 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 oil C ity-provided forms. attached hereto as Exhibits -'C"' and "f)" (affidavits regarding compliance with the E -Verify prograhn to be sworn under oath under criminal penalty of false swearim, pursuant to O.C.G.A. § 16-10-71). that it and Contractor's subcontractors have within the previous t eIve (12) month period conducted a verification, under the tederal Employment Eligibility Verification ("EEV'- or "E-Verify-)plclgranr, of tkte social security nt3mbers_ or ether icfentityint't information now nr hereafter- accepted by the E -Verily prograde. of all 1:11 ploxccs- x,010 will perform work on the City contract to ensure that no urtauthorircd aliens will be employed. I'Irc Contractor li-ereby verities that it has. prior to executing this Agreement. executed a notarized affidavit. the forret of which is provided in Exhibit "C-.- and submitted such affidavit to City. to the event the Contractor enhploys ol• c0lltracts .Vibe any subcontractor(s) in connection with the covered contract. the Contractor agrees to secure From such subCcanita�Tkr(s) attestation of the subcontractors compliance with O.C.G.A. ` 13-10-91 and Rule -300-710,4-:-02 tsy the subcontractor's execution of the subcontractor affidavit, the form of which is attached hereto a� I=-xhihit "LF -1 and such subcontractor affidavit shall become part of the contractor/subcontl-actor agreement. Flit-ther,.Contractor agrees to provide completed Copies of Exhibit "D" to the City within five; (5.) business days of rcceiPr fr6iii any subcontractor. The City :Manager Or his/her designee shall be authorized to conduct an inspection of the Contractor's and Contractors subcontractors verification process at any time to determine that the verification was correct and complete. The Contractor and Contractor's subcontractors shall retain all documents and records of their respective verificatiolt process for a period of three (3) years fol Iowin- completion of the 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 empI0%- unauthorized aliens oil City contracts. By entering into a contract with the City, the Contractor and Contractors subcontractors agree to cooperate with any such investigation by making their records and personnel available upon reasonable notice for inspection Anil questioning. Where a Contractor or C'ontractor's subcontractors are found to leave employed an unauthorized alien - the City Manauer or his/her designee may report same to the Department of Homeland Security. The Contractor's fallure to cooperate with the investigation may be sanctioned by termination of the contract. and the Contractor shall be liable for all damn -es and delays occasioned by the Ciro thereby . Ct}ntractor hereby agrees to comply with the requirements of the federal Immigration Reform and Control Act of 1986 (tRCA), P.L. 99-603, O-C,G.A. 5 13 -JO -91 and Rule . 00-10-1-.02. Comtractor's compiiam:e �kilh the requirements of O.C.G.A. § I3-lU-91 and Rule 300-10-1-.02 sliall be attested by the UNCCOU011 of the cotttractWs affidavit- attached hereto as Exhibit -C- and incorporated herein by this referel,ce. The above requirements shall be in addition to the requirements of State and federal law- and shall be construed to be in cc nibrntih with those laws. (2) SAVE Affidavit and Secure verifiable Document Pursuant to O.C.G.A. § 50-36-1, the City must obtain a SAVE Affidavit and a secure and verifiable doeulncllt evidencing the Contractor's legal status in the Country each tinic that Contractor obtains a public benefit. includiltu any contract. from the City. Contractor hereby verities that it has. prior to erecntina this Agreement. executed a SAVE Affid-twit (to be sworn under oath under criminal penalty of false swearing}rtlrsuaEtl to C3.C:.G.A. Ib-lt]- l )_ a torn, of tivltich is attached hereto as Exhibit "L'-- and submitted Such affidavit to the City in persotl. clectronicall_�, or by mail. further. Contractor verities that it has. prier 10 eXecutin" this Agreement, submitted a secure and verifiable document. evidencing the Contractor's legal status. to the City either it, person or electronically (in compliance With the Uniform Electronic Fransactions Act). Contractor verifies that it is in col"pliance with the Residence Sta€us ofan Applicant lox Public Benefit, as reyuiml by the Georgia Security and ll]tliligrat€on Compliance Act ((l -t .G.A. § 50-36-1 ). IN WITNESS WHEREOF- [lie parties have caused this Agreement to be executed under tical as of the date firs( abcwe written. Strickland Pipeline and Cmistruction, lltc. Signature: - [AH -IX COR:PORA,m SEAL] CITY flf`M-1-IrTON, GEORGIA - Joe Lockwood, Mayor Primed Name: 4 1.0 General Conditions a) COIISIMIC rill activit)• Within 1000 f•er on an oc•cupiedrevidenc•e will he allosswd :Atari. -Fri. bertirien the hours of "-3(1. E:LI and 7:30 PM and Sint. between 8.30 .A,ll and 5:00 Pill, Construction ac•tn•ii' ►pure than ldlfl0 tet ii•oln rill Occupiedresidence brill be aldnu'cr1 ;llruz- Fri, hen'een the hours of 7:UU ,4A1 cord 10:00 PAt and Sat. berwee n the hours ref 8:30 t:lt and 6.00 PAA h) Contractor must ►totter the City of ?Millar+ f678) '4' --MO. ru•enrt• fo ur (?-d) hours prior to beginning constritclion. c) Burial of construction materials is not permitted tislihin the C'i1v of Afilrun..4It constructioot Inateriits rind debris it, ahhi the stork'meat shall be properh• disposed c j'li►• the c unN t►c7oo. J) The contractor is reslhansible iir• a►n' him aged prop (-.r[t• ►s•hic•h occurs as a result v_J-this project. T he contractor slit rd! r'eplac'e arni' damaged prope r•tv at his Own expense. c1 Unless mher►vise stated. the Cits .shall proi 'h le all rtecessark ' permits crud easements cusocit: rled ►lith this pruiec't prior it P issuance of the Notice to Proceed 1) The city• reserves the right to remove en it' materials ftoin the project site prior- to dent olition activities. 1.0 MateriaLs, Equipment wid F.rnpinvees a) The cuniractur shall, unless othernrise sper'?fed supph• and pay for rill labor, transportation, materials. tools, appar•altrs. light.', plower, ftel. saniutn• facilities and rnvidentais necessanr.for the completiun of his work, and shall install, maintain and remove till equipment of the construction, other trlensifs or things, and he responsible. jnr the raft. proper and lmtfrl construction. maintenance and use nfsame, and shall construct i►t the best and most workmanlike manner, a complete joh and eventJhing incidental thereto, as shown on lire plans, stated ill the specdficarions, or reasonabl}• implied there f tomb, all in accordance with the contract documents. b) No c:hani es shall be oracle in the Work except upon written approval and change order of the city. ci /fat tun, tante daring the cunctructton and completion of the work covered by these contract documents, the conduct of aon' svurk►nan of the varitnes c'rgfts be adjtrelged a nuisance to the avner or iagv work ma►t be considered detrimental to the svor•k, the Contractor shall order such parties removed inumediatelv.fi'um the site. ill The contractor shall designate a fat enurth .rtrprh i►rternlerrt who shall direct the work. 2.0 Asbestos Ahatenent at 7 h contractor shall remove trod dispose of all ushemos material. .4 1/ 1vaste inater'ial shall he transpor led to an approved EP,4 Cer7{fied (.'lass 1 Landfill permitted to accept asbestos. The contractor shall also be responsible fur' preparing; unci submitting all nec'essmy doenmentr to the Georgia Environmental Proieciiun Division for the I0 dnv demolition notice. 3.0 Rodent Eradication a) Pre -demolition. the selected contractor shrill diligenrlY eradicate all rodents and vermith bejure demolition andprrovirle a rodent letter /i•onr at certified exterminator. 4.0 Demolition trttd Debris Removal rrl Two structures remain u►r the propernv. u single star• frame house and associated shedlgarage buildh g. The selected comractor shall be responsible firr demolishing the structures and foundations and removal of till trash and debris fi•um the proiec.'r area in arc:ordance it-ith local. stale ctnd_federal regulatintt.s. EXHIBIT "A" Scope of Work SECTION]: SCOPE OF PROJECT Bid Form Deitiolition of Stmetitres tit 1.3690 State fligfi>< iry 9 General Description U • Prn ect Scope The Ciiv uj A ilton is solicitirr,�, giroles fi•u►n qualified d vendors to provide the fr,llritritkkr: Asbestos ;1hatemeni, i're-detncrlition ratdent eradic otion and letter; Demolition crud rentoral ref ul! str'trrterres a►lel furrudatiun,s of 13690 State Fliglnetat• 9.:11iltun, Georgia 30004. Dispose►l of all trash and debris: Grade and install erawon ee.f Reef1 it) eersrua s !silt fence, N11V I V L11 Id sced disIarbed cereus rNn site. Tlae IIridersrvfed. ers hhkle r, eJechlrey r.a+rcl represettts 1/1 (it if hits �,rafnittcd thv site ref the is'ork (int! i►ffuvin e°et hints elPhe'r.se t fnlle' it re:,*a•d to till co) it ikons 11erfaitIinx lu the place isItere the ee•ork is ta, he per jur•nte•c1. including those cundrtiotrs r{f]e'i;iin; the crest of /ht, u-ork and fire delirern•, heandlin eerie! .steerage of materials a►fd equipment- The? bidder' hers eXaMiteeel and rear! the Bidding Drx•unrent tine! has s•aI4f ied himse lf-herself that file Bidding Due•u►ne lII is uta crclrytrrrre errxl ac'e:eptable� rrjlecttan ref the is ork it-11ich is required to he perjortned and that the hidder is ti+,•illinw and trhli to perlrn•►n all ref rhe work necessm-l'- The hiddcw jiwther certifles chat no trdeltticrttal i+fj:+r►ntrtienr is regfrrr,!d to cu►npMte the' icenk enconfpa.ssed by this hid eti•rthr►� tete cost and schedule established and agreed upon within this hiddhrg clocunfettf- The bidder proposes and Ligrees theft if this hid is accepted to aemiracl 1+ ith the 0tv of Milton to provide all c onstrtrcrion lahor, rntalertals, equipment, products, tran.Pporiall.on, and other fucilirres erred .senriCe_V rt_s n(!(.vssw-v andlur requiredl to execute and ecrinplete the work in full in accordance with the stupe: a j -work provided to tlfe full suiirjiactir7rf elf file c'ih•. THF B.4S[: BIL) IS THE .4.110U. -'T 1 Pt N id'111C:11 THE BIDDER iVILL IIF FUR:1WLY Ei ALU_! TED A.VD WHICH KILL BE U.1 FD 1-0 0ET1:R;11111E THE 1.t)4 -'EST R1:SP0A`. IBLE BIDDER - The have hid rnar not be wifildraxn or niodified. except cit rhe: request of the city. fiew a period gfsirlv (60) datix fa1lo1riPi,9 red•eipf erfthe hrcLs_ Base Bill Amount S • (Dollen: irftatr►rt itr .'�tnnher•.$) 1—Wo-irtpcnn' :dame) i {$i�ttuliarc'1 - I� Wrflned ,timet 5 J 10.0 Crudes, Permits and Inspections c►t Fhe Contractor shall Obtain the requiredpermits, if required,, give ull notices, and comph• with all lairs, urdimances. codes. Arles and rc_neleations hea-i►;g on the conduct vf-the work udder this contr•ua- 1J they Contractor observes thea the drairhr gs and specs icutions are u1 variance therewith, he shall prompt!►' nntlfi• the Cirr in wririr g- If the Contractor petlurms an). work knowing it to be cuntrw3- to such laws, ordinances, codes, rules and regulations, and x•ithow .such notice io the Ow. he shall been" all cost arising therefrom. h1 The CLnntrYWIM' .shenil obtain a budding derunlilion permil ]rota the tits' unci pruvide all required documentation to obtain the pernnit but it, ill tint he charged the permit fee and shall nut include that•1e e in the base Laid. c•1 The contractor is respo?nsihle Jbr uhrctinirl;, all rcgawed inspectia►i.c 11.0 Clear Up ae1 The Contractor shall keep the .sites and surrumiding area rubbish rat all tinnes and shall remove debris konn the site kom liars to tine ur when directed to do so bi- the Cin% B3 Ibre final inspection and acceptance qf• the project. the Contractor shrill thoronghty clean the site. and campleieh• prepare the ppiect and .site for use ht' the 12.11 Vchedule al Pre jest shall stun with in 10 Calendar of dale oj• cnrard erred be compleled in scu4firctuan• rncr►erner•- as deem eel hi- AOPll', irithin 30 calendur dais f•nm elate e f'aweird 13. U Detri WDrasvings (See Attacit ed) ;�.::.. 'rte.. ^' i•' ..w- �.; �.�. REMOVE OVE SHED _ _=�---�- -... -��---..-. �'- -• _ _ ��.=fix _ �... ------------- - R -MOVE ONE STORY FRAME BUILDING 5.0 ,Erosion and .Sediment Control atl The cowractor titi'ill t►rvriclr srrlt[thlt erosion andsc dimeut itullr'rrl rrlrusrrt rs so as 1rum lf'[IIIRr ! I/Ic site_ :L Aliaterrcarice of erelsion and sedunerit corrtrv! wviisures is reytaired w all times. 1hc, cturlrare•rorshall hiii-e c•ertiiied err >. ion 41) let sediment control per:snrmel o►► .site air all rimes. : IIt 2VI'DES• GS IIVC card Cin ' of .1liltr-jrr guidelines sh ►rrl,1 be -followed hl All erosion and wflime w corrtr•al wfwk .shall he per jiw tree! ire ttceordance 3vith flue stuntlaar•ais provided it) the Georgian Al omal for Er•oshw and Sedimew f_'orrtrol in Georgia. latest edition. c1 Provide it s•i►tgle ruiy of Tt pe C ,silt•Jertee alo►rg the thm-11 slope side Ul till disturbed areeis..411 harriers shall he lir place prior to ally landtimurhirr; uctn•ities- e(1 Silt fence�v and hm• hale harriers .shall be cleumed or replaced arird maimained in yUnctiemal tondithm until pet•r►rernem erosion corurol measures cure estuhlishe( .411 .silt jinces ant/ other temporary mefisure's tit -ill hc• remen•ce1 ha 11rc• cu►rrrarrar'drrelol7e► when the site. is stable - e) .silt fence frhric shall he comprised gj•titr_ Department [+f Trcrosporiution etuulified products Sec•tirz►r I' I. O.pe ''C lite sift fc�rue jcrhric- Tvpe ".!" silt f8t7cc fabric cruel eonstruction nun- be allowedivith prior written appra,vul from the land ch-relopmtnt inspector. jr Temp+w4uy i•vgctation and or hea-ty trrukh will he used to slabili_c areas. Ire no case stroll a site he 1eJ[ hau'e.lirr inure tlum 11,jurrec►t 1141 (ho's- r 1'u clearitw hey mid the limils of distrrrhance shown on the .shall he allowed withamt approval hr Provide mraithke. tempurar v andpermanrertt sevdit;v elf all stripe laces. i) Provide a rminimim? oj•?_ inch g1'nlulct hk(;, tempor•rrrt arrelper►nttr►unt secdi►rg of all rtther disfto'hezl a►•Nats_ 6.D Utilities crr The contructeir ,shall he required to coordinate and nrumkize° tum, arrd till rrtifin• locates andlor disconnections within the scope a/ Ihir project prior 10 wsr derrrolition activitic•.s•. 8.0 Performance 0) All work pe►jirrmed .Shull he in ere•eordance C'itY of 44iltan Construction i andar ik The contractor will adhere to all earre►rt State and Federal construction sa fqv rtgqu utic.ns, including OS11:4 regulations- The C'onlractor will conIf'01M to :1IUTC:U arra! iha: Stutz rrff:e°nr;�ia lJelrurnae►tt cf !"ru►rsrt+urtutiurt sturtdurclslnr trtJfrc corrtrul. The C'urtlrc+cYrrr iritis[ maintain a suje work _one frrr their employees, pedestrians, emel vehicular transportation- All work shrill be inspected and arppruti-ed by tit City of :ifiltott Department of Piihlie 11'orks (XIDP11'i. 9.0 Safety Requirements al T e f'omractor shall he responsiblefin- the entire site and the construction of the sante and prmIde all the nec-essan' proteelions as required by lairs or ordincurses governing such cunditioo.s wul as required b*v the Ch[ner or Designer. tle shall he responsible/or urtti• damage to the Owner's proper►v or that of'others on the joh, ht• hirnNelf lis pc•rsatate•l r.,r Itis stthco►rtraclors, andshall make good sash damages. He shall be responsible far and pm' lirr wit• c lemns ageunst the Chimer ur•isirtg ji'om .such damages. ht The C'ontrctctur shall provide all necessaw sufen• measures fir the protection of -all persons cru the work- Contractor shall .-le,iriv in (irk or past signs iveir) iug of hacards existir;g, curt! shall burriccidN ext cn atirrrrs and .similar het_errtls- He shall protect agaanst damage or injrny marterials and lie shtall maimaiit all pro rive devices Bind signs throughout the progress of the work. 7 TABLE OF CONTENTS 1.O INTRODUCTION .............. ......... ....... ............ .......... ....... .............. .............. - .......... ..1 1.1 PURPOSE AND SCOPE.... ...... .................................. ........... - 1 1-2 WARRANTY .............. ........ ..................... ............... ......... - ....1 2.O BUILDING CHARACTERISTICS AND INFORMATION.... ....................................... 1 3.0 ASBESTOS INSPECTION PROCEDURES.............................................................2 4.O SUSPECTED ASBESTOS CONTAINING BUILDING MATERIALS .........................2 5.O LABORATORY ANALYSIS.................. ............. - ................... .......................... 3 5.1 BULK ANALYSIS...-- ...................... _........ ............. ---................ ................. ...... 3 5.2 POINT COUNT................................................................. ............................ 3 6.0 FINDINGS ....... .............................. .................._............... -...... .............. -............... 3 TOSUMMARY..... ... ....... ....................... ....................... ........... ............................... -4 8.0 REGULATORY INFORMATION ............ ................... .................... - ... ...................... 4 9.0 CONTROLLING AGENCIES ...................... .......... ............. - ............... ................ 5 LIST OF APPENDICES APPENDIX 1 USGS SITE LOCATION MAP SAMPLE LOCATION PLAN APPENDIX 2 LABORATORY DATA APPENDIX 3 QUALIFICATIONS APPENDIX 4 UES GENERAL. CONDIITONS u UNIVERSAL ENGINEERING SCIENCES COMPREHENSIVE ASBESTOS SURVEY Existing Residential Structure 13590 State Highway 9 Milton, Fulton County, Georgia UES Project No. 1530.100004'1.0000 Report No. 869124 December 9, 2010 Prepared For.- City ar: City of Milton 13000 Deerfield Parkway Suite 107G Milton, Georgia 30004 Prepared Sy_ Universal Engineering Sciences, Inc 3040 Business Park Drive, Smite F Norcross, Georgia 30071 (770) 242-6438 Report Preparation- PattyMuthuswarny, E.I. Projec Engineer EPA-Accreditec Inspector # 11962 Senior Review: 2" � �') _-; L� Scat', D- Thornson, P.E Branch Manager Atlarta Regional Office CONSULTANTS: Geotechnical Engineering • Environmental Engineering • Construction Materials Testing Threshold Inspection • Private Provider Inspection OFFICES: Clarmon% i -L • Daytora Beach, FL • DeBary, FL 1 Fora Llyers, r • Gainesville, FL Hfji^y+vcod, FL • Jacksamce, FL - Nucross. GA . i4. FL Orlando, FL - Pa In Coast, FL - Fensacc a, FL - Rockledge. FL - Sa,asot a, FL • S.. Augus'-ire, FL • Ta qa, FL - West Palm Beach. FL UES Project No. 1630 1000041.0000 Report No. 869124 December 9, 2010 The structure is constructed with concrete masonry block wails that support a wood framed structure. The exterior walls are covered with exterior wail paneling. The interior walls are primarily wood paneling and drywall. The ceilings were primarily plain drywall with some of the ceilings being patterned. The interior den wall was wood on one side wall Insulation and covered with wall paneling on the other sides. The floors are covered with wood, carpet; floor tile and sheet flooring. The attic was all wood with no insulation, The roofing material was metal. A storage shed located near the residential structure was all wood with exterior walls covered with wall paneling. A well house was noted near the residential structure made of wood with asphalt shingle roofing material. 3.0 ASBESTOS INSPECTION PROCEDURES Three forms of ACBMs are typically found in buildings: (1) sprayed or troweled -ort surfacing materials; (2) thermal systems insulation (insulation on pipes and boilers); and (3) miscellaneous materials such as wallboard, adhesives, ceiling tiles, and floor tiles. A wall -through inspection was conducted on November 23, 2010 to identify these and other materials present within the buildings. The field inspection was performed by Ms. Patty P. Muthuswamy; inspector accredited according to the Code of federal Regulations Title 40, Part 763 (40 CPR 763-AHERA). Refer to Appendix 3 for qualifications of inspectors. After a preliminary walk-through of the building: a detailed observation was conducted to evaluate the location and extent of the suspected ACBMs. Please refer to the Sample Location Plan located in Appendix 1. Once identified, these materials were categorized into homogeneous areas containing materials of the same type, age, visual appearance, texture, composition, etc. Random; and in some cases, judgmental samples of each homogeneous area material were then collected. The physical condition and potential for disturbance and damage of each material was assessed. In addition, a tactile inspection of the materials was performed to evaluate friability. If the material, when dry can be crumbled, pulverized or reduced to powder by hand pressure, it is considered friable. 4.0 SUSPECT ASBESTOS CONTAINING BUILDING MATERIALS Based on UES' visual sur~tey of the structure, twenty-five (26) building material samples were obtained. Table I presents a summary of the materials suspected of containing asbestos. Page 2 of 5 ES Project No. 1630 1000041.0000 Report No. 889124 December 9, 2010 1.0 INTRODUCTION This report presents the results of asbestos containing building material (ACBM) evaluation survey performed oil an approximately 1.568 square foot single-family residential structure located at 13690 State Highway 9 in Milton, Fulton County, Georgia. Please refer to the Delorme Site Location Map and the Sample Location map located in Appendix 1. The work was conducted in accordance with the scope of work defined in Universal Engineering Sciences, Inc. (UES) Proposal No. 1630.11 10.00002 dated November 9, 2010 and UES general conditions included in Appendix 4. 1,1 Purpose and Scope I'he purpose of this study was to perform an evaluation for the presence of ACBM within the single family residential structure. The activities and procedures used to accomptish this task were as follows: Walked -through and observed accessib€e areas of the structure to identify, locate and assess suspected ACBM. 2. Collected bulk samples of each suspect ACBM and analyzed the collected samples using Polarized Light Microscopy {PLM} for presence of asbestos fibers. 1.2 Warranty The field and laboratory results reported herein are considered sufficient in detail and scope to determine the presence of accessible and/or exposed suspect ACBMs in the structure. UES warrants that the findings contained herein have been prepared in general accordance with accepted practices as applied by similar professionals in the industry_ Changes in the state of the art or in applicable regulations cannot be anticipated and have not been addressed in this report. The survey and analytical methods have been used to provide the client with information regarding the presence of accessible and/or exposed suspect ACBMs existing in the structure at the time of inspection. Tesi results are valid only for the materials tested. There is a distinct possibility that conditions may exist which could not be identified within the scope of the study or which were not apparent during the site visit. The inspection covered only those areas, which were exposed andlor physically accessible to the inspector. The study is also limited to the information available from the client at the time it was conducted. No other warranties are expressed or implied. 2.0 BUILDING CHARACTERISTICS AND INFORMATION The existing residential structure is approximately 1.568 square foot single-farrAy residence with a crawl space. The ranch style structure was constructed in 1947 according to the Fulton County Assessor's Office. Page 1 of 5 El Table 1l Summary of Asbestos-Containin Homogeneous. Material ocationtsj Material No. . UFS Project No. 1630.1 C0004 0000 Report No. 869124 December 9, 2010 Materials NESHAP Estimated Classification' .:: ©uailtitV G, n, Entire exteric� - h of the House and 5 Wall Paneling Entire exterior of Category it 2,300 SF the Storage shed Non -Friable separate structure)__ _ Note: Estimated quantities are based on the floor plan foot print obtained from Fulton County Board of Assessor's. No attempts were made to estimate total wall square foctage It is important to note that. OSHA regulations are applicable to these samples- For a copy of the laboratory report, refer to Appendix 2. The above estimated quantities are for reference only should not be relied on for bid purposes. Actual numbers used for bidding purposes should be calculated by asbestos abatement contractors using field measurements. Should suspect ACBMs not identified in this report be encountered during demolition, an accredited inspector, according to Federal Regulation 40 CFR, 763 (AHERA) should be allowed to visually inspect these ACBMs and collect additional samples for analyses. 7.0 SUMMARY Based on the laboratory analysis report, asbestos -containing wall paneling were identified in the residential structure to contain greater than one percent (>1%) asbestos. According to the National Emission Standard for Hazardous Airborne Pollutants (NESHAP), 40 CFR Part 61, Subpart M, these materials are considered to be ACBMs. 8.0 REGULATORY INFORMATION The demolition of buildings containing AC8Ms is regulated under the NESHAP statute. The NESHAP regulations require notification to the controlling agency and removal of all regulated asbestos containing materials (RACM) prior to demolition. RACM is defined as (1) friable asbestos material, (2) Category I non -friable asbestos containing material that has become friable, (3) Category I non -friable asbestos containing material that will be or has been subjected to sanding, grinding, cutting, or abrading, or (4) Category 11 non -friable asbestos containing material that has a high probability of becoming or has become crumbled, pulverized, or reduced to powder by the forces expected to act on the material in the course of demolition operations regulated by NESHAP- Renovation or demolition activities in a building that contains Asbestos Containing Material (ACM) or Presumed Asbestos Containing Material (PACM) are also regulated under the OSHA Asbestos Construction Standard (29 CFR 1926.1101), The OSHA standard requires the building owner to inform their employees who will work in or adjacent to areas containing ACM or PACM, perspective employers applying or bidding for work whose employees reasonably can be expected to work in or adjacent to are Page 4 of 5 5.0 LABORATORY ANALYSIS 5.1 BULK ANALYSIS The samples of the suspected ACBM collected during the field inspection were transported with chain -of -custody documentation to Analytical Environmental Services (AES) in Atlanta, Georgia for laboratory analysis. AES is accredited by the National Voluntary Laboratory Accreditation Prograrn (NVLAP). which is administered by the National Institute of Standards and Technology. These samples were analyzed for the presence of asbestos fibers using PLM. The analyses were performed according to EPA Method 600/R-931116, July 1993- 5.2 POINT COUNT Samples of the suspect ACMs collected during the field inspections were not point counted as part of this survey - 6.0 FINDINGS Laboratory analyses of the samples collected from the structures located oil the subject property identified the following ACBMs detailed in Table W u Page 3 of 5 IDES ProjeG: No. 163011000041.0000 Report No. $G9124 Der..ernber 9, 2010 Table I Suspect Homogenous ACBMs Visually Identif led Hom g s Sample Numbers Material Description Sampling Location _._ •. Material No..: .;: 1 HSA DW-01 to HSA ❑VV-U51 Dry.vall/,]tint Compound Living Room, Bed #1, 3 'd 92, Bed 43 and f=ormal Dining 2 HSA FT-01 to HSA FT-03 Patterned Floor Tile Kitmen 3 HAS C1-01 to HAS C1-09 Ceiling Insulation Den 4 HSA PC-01 to HSA PC-03 Patterned Ceiling Bed #3 Don, Einti re exterior of the House and 5 NSA WP-01 to NSA WP-09 Wall Paneling Entire exterior of the Storage shed (separate structure) _}i Hoof of the We:l House •' € _ HSA R-01 to R-03 Shingles & Felt 4i se arate structire] 5.0 LABORATORY ANALYSIS 5.1 BULK ANALYSIS The samples of the suspected ACBM collected during the field inspection were transported with chain -of -custody documentation to Analytical Environmental Services (AES) in Atlanta, Georgia for laboratory analysis. AES is accredited by the National Voluntary Laboratory Accreditation Prograrn (NVLAP). which is administered by the National Institute of Standards and Technology. These samples were analyzed for the presence of asbestos fibers using PLM. The analyses were performed according to EPA Method 600/R-931116, July 1993- 5.2 POINT COUNT Samples of the suspect ACMs collected during the field inspections were not point counted as part of this survey - 6.0 FINDINGS Laboratory analyses of the samples collected from the structures located oil the subject property identified the following ACBMs detailed in Table W u Page 3 of 5 APPENDIX 1 :IES P oject Nn. 1630.1400041.0000 Report No. 869124 December 9, 2010 containing ACM or PACM, all employers of employees on multi employer work sites who will be performing work with or adjacent to areas containing asbestos, and tenants who will occupy areas containing ACM or PACM, of the presence, location, and quantity of ACM or PACM at the work sites in their buildings and facilities. Further, the OSHA standard (29 CFR 1926.1101) requires employers who discover ACM or PACM to convey information concerning the presence, location and quantity of such newly discovered ACM or PACM to other employers or employees working at the work site within 24 hours of discovery. While OSHA says the notification can be written or personal communication, there are many advantages to written communication. The OSHA construction standard (29 GFR 1926.1101) also contains specific training, work practices, procedures, engineering controls, notifications, permissible exposure limits, personal protection, record keeping, and a multitude of other requirements for the demolition, renovation. construction, alterations, repair, maintenance of structures, substrates or portions there of that contain asbestos. 9.0 CONTROLLING AGENCIES The controlling agency for the coordination of projects involving asbestos removal or demolition for the subject property is the Georgia Environmental Protection Division, Georgia Department of Natural Resources, Lead -Based Paint and Asbestos Program, 4244 International Parkway, Suite 104, Atlanta, Georgia 30354,. The contact person is Mr. Jaynes Jackson at (404) 363-7041 or Ms. Lisa Davidson at (404) :362-2585. Paqe 5 of 5 R-01, WELL R•02 HOUSE 'Y R-03 WP-IIfi S STORAGE SHED 13690 STATE FfM 9 _ W0.06 7W Da. BATH A2 `+_... BED 32 `• C1-0 I BATH V 1 HE❑ 91 ❑W-05 CLO bLO x+1.02 KITCHEN y _15F i=i -02 DW -04 DW -01 FORMAL �' F.UO TSIDE DINING + 00EN PC -01 WP -02 C-01 I FTS 1 DECO( BED 93 LIVING DEN PC -03 V1ff' q DEN WP -03 PC102 11. WP -04 i CI.01 CI -024 `CLQ �r LQ 1C. 1, WP -06 ENTRANCE STATE ROUTE 9 -e� APPROXIMATE SAMPLE LOCATIONS RAS f LA YO 11 .. 20LJNI"e A'S S=c �C:AI Frs L COMPREHENSIVE ASBESTOS SURVEY EXISTING RESIDENTIAL STRUCTURE 13690 STATE HIGHWAY 9 MILTON, FULTON COUNTY, GEORGIA ASBESTOS SAMPLE LOCATION MAP UNIVERSAL _ - ENCINEEWNC SC.EEN[;ES DRAWN e"� �jv •.c e 12/8-/10 CHECKED LST: SI y E3ATf: SCALE: ,d5 SHOtiNf•1 r=�•�:E�i •.o. r63p.ro4C0a1.GD00� REPORF "1�')';'L PkGE ND: I--2 _ Regional Map f T� Site Location Map_ o • jl r I i .1 1 r i 1 I - M•Ery:llMi kryp %! 1 dv Z e9 4 f N� - Ua:ause subxrc1, 1 ccnao 92ON0el.crm,•[J 4W Eu7 1:m ltw -0ul • rre w.del=e cc rn 1.-'rl 1•l. F' "'4; C] 3T 3 Zi,Dm `,I- v ASBESTOS SURVEY FOR: i CITY OF MILTON Five Acre Property 13690 State Highway 9 1 DRAWN BY, SSDATE : 12!2110 - - -- _ ....._... _..� 1 Millon, FUlton Co., Georgia CHECKED BY: PM DATE: 1212110 it f — SCALE: NTS FIGURE: 1-1 ENGINEERING DELORME SITE LOCRTION MAP -- PROD NO: 1630 3003011.0000 REPORT NJ_$G9i24 Laboratory Re5011rCeS and SOlut€Orts, 111C{ 31C 153 51b Street Ashville, Alabama 35953 (205) 594 - 7670 CHAIN OF CUSTODY BULK ASBESTOS ANALYSIS Client Narne: tJnlvorsai Enalnearing Sc1gita3 Phone: L77I] 242 - 6438 f 6 12-1 W) Page j oi< L Address: 3940 8ustn s ark Drive _ FAX' _ tM 242�-G9g0 -- Gily,State, Zip: Nocross Geo is 30 7 Project Name: t Contact; S •IL tr,j l Project Number: _ o a�] Sampler's Name; Sampling Daie: __l3Li (,212 Relinquished 8y: alalrlme: Q � D /,o Racelved ©y: _. Date/Time* Relinquished 6y: w - Dalerrime: Receivad 9y: -- : -- yf Datel Time: I ahlTwrinlnn AZI ADalal Tinte: Qthcd or Siti meet: /D a,," Nage 1 OF ,fir ■ Ir4wirdR fl HIM ■■�_ • ■� 1f no ■ No . f . ! ■ ■■■ asVol� ■■■ ■■ as ®C .MEN. IMENE a■ ■■■� Relinquished 8y: alalrlme: Q � D /,o Racelved ©y: _. Date/Time* Relinquished 6y: w - Dalerrime: Receivad 9y: -- : -- yf Datel Time: I ahlTwrinlnn AZI ADalal Tinte: Qthcd or Siti meet: /D a,," Nage 1 OF APPENDIX 2 ALES FCIiCn[ Tame: Pruicci Riame: L ALYTICAL ENVIRONMENTAL SERVICES, INC. Bulk Sample Summary Report Universal Eirgitmering Sciences, Inc. KwLrf'\j l.ab IOP 102082,0 8 -Dix -10 AES Jab'`lumber: 101217£ Proilm Number: [ lirn t 1 i3 A E.5 ] A Location Ishr5lns 11 'neral I'i rccutr .e Cununrnls l_i690 5R 9 DW -01 1012176- Living Rm 1 Drywall - A ND ND ND N❑ ND ND 112tint f iclu3ed as binder UO I A ('-npi1 Laver: l 13 690 SR 9 I)W-01 1012170- Livinig Rin 1 Di-3wall - Jtl.n n€� Nn NI) 001A Ctnpd a! c1•: ? 13690 NR 9 11W-02 1012176- HW a 1 / 1)rvLkalt Jt Clnlxt ND vu ND ND Nu ND faint included as bindur 002A 136(0 SR 9 OW -02 1012176- Rid k 1 i 1)rywaII JEC:n_'.d 111 N€l N1) v;l r 111 002A :s}•er: 13690 SR 9 OW -n; 1(11217(1- Lied 42117ry'wall A Cn1pi VIS ND NO NL) ND tiI] Paim included as bitudcr 003A I 13690 SR'] f3�h'-f.!? 1012176- Red 1121 l]t�ywa]I Jt Cmpd ND IVU N€] N[] D03A IND IND Layer- 2 13610 Sit 9 17W-04 10121711- 13ed 1131 T),lvalI -It Cmpd till Nil t: F) ND TAD ND Paint included as binder nnan I Laver: 1 13 690 5R 9 t7W-(},1 16112176- Red 43 1)ry1w111 ]: Cutpd hl) ND it VI1 wu NIy 004A Lav cr: 2 13690 sit H T)W_05 1012176- Formai lining 117rpW1111 R ` viy N+) x- f, ti1) ND faint incIktded wi bin&r 0{15A Ctnp:i .aper: 1 SRIe: Cil-Cl1}'54[116, A%1- antoslte, Ci Cremdulvc, Al aaiuoliu. iii-r:clNahte, AN'=sn•iulplly€ 1c 1-13r tcemr+el:-s X11 RW samples, ser the i+ldiv i d11a1 analysis sheds_ No = N❑nc Dd'_"tcll I'l.�S is rux Cam's€CWIl ' Fellable In &,Whitt sinal: umcentrutlnr s vt asbss:us in flan[ Clee end 5vitilar ronMablr malerra's tJro-uuauIlvc ILM is u.ircn'iv [air Uvly +ncll:ud tler r�1 he uceil w de[e1luule IFe xrcilasivc asl7csres uN7a+rt II is ecru ficd by Ox slprau kms bclvw ilia: thV l3bura'a+y Ili, No cd 15, Medi led by the Nation: lnsn:utc of Stands d� and Teclumt,-Ty- fur Marued LIg!tt t4tCrnscapY;11Lhll2naly�rs nr-d:r the MN Ividiv1I Aabe :m Bulk SvnplcQaaliry Ass:runco l'ny;ram_ I-.11—Mary 11) 102082.9 A!I percentages gir est k I C try s isuelly "Iimaled volume. All wftly3cs ase perferined in acccMail cc -Wi the EPA Wesllod far she lbelcrmnvaion of Asbestos 1.1 RkIlk Srl:ldMg 1.1alermis. EPArG00+R-93;: l6, 1aly 1993 " Th,s 1 :un +o+Ist nut he rc p; xdmv l cwupt in full atCxxO thu +pprova1 of AP AlyI Ical Ln+Irurmensul Service, I1w- l'IxseIcst sesulis apply only 1" 111 .:aaptes acnnlly tcslcd 1 Mirronn:thst: � i abok Vira Ruiz QC: AnalyA- Yelena 1`llanilla Page 3 of 8 Laboratory Resources and Solutions, Inc. Nage_ &o 2- 163 5th Scree: Ashville, Alabama 35953 (205) 594 - 7674 CHAIN OF CUSTODY BULK ASBESTOS ANALYSIS Client Name: Universal Engineering Sciences Phone: 17701 242 -(439 Address: LCL40 Buslnsss_P �k-drive - .-- ---_. _ f=ax: _ 7701) 242 - 6980 _ City,State, Zip: Norcross Gen fa 30071 Project Nalne: Contact: + ] Project NUMber: /G� . 1Uf2�d1 • ❑000 Sampler's h'anie: aml]fift� Dale: 2-f�1 [2 Relmquished Sy' J a�el rime: ' -- [ � _ /p' IC) L� p", ReceiVed By: Time: Relinquished By: Calefrtme: nate! Tinto' - Page 2 of 8 Sample lq Sample LocaUonloarcllptlflrl Ana+ys Req. Turnaround Time Comments For Lab Only I 3 1- o s PL �y� �...... 14 0— r 5 6 _ s 15 -- 17 18 - 20 Relmquished Sy' J a�el rime: ' -- [ � _ /p' IC) L� p", ReceiVed By: Time: Relinquished By: Calefrtme: nate! Tinto' - Page 2 of 8 ANALYTICAL ENVIRONMENTAL SERVICES, INC. IL• - Bulk Sample Summary Report +! Lab IDA 102082-0 � ■ S 3 -Dec -IU Client Name: Uiiiii'tilxal Engineering Sciences, Inc. AFS Job Number: 1012176 Proiccl Nat:tla: PilsjectNumher: Client IU IFhk;5 IT] Location �sheslus 7•fincral PCI•CC111R a comments ['ll A�1 L'N Al Ti (• 13690 SR 9 Cl -02 1012176- Rett :13 1 Pml Ceiling ND iJD NJ) Kls ND Nk3 Paiklt incluJcd as dine€c. 010A IND IND 1141) IND IND 1 Livor: I 13690 SR t) C"? 10 12 176- Den !Ceiling InsuIitinn IND I Nn NP ND I NU I Nfl [1111:1 Layer 2 13690 SR 4 PC-fl1 1012 I-76- Rett :13 1 Pml Ceiling ND iJD NJ) Kls ND Nu— Paiklt incluJcd as dine€c. UIIA 1 I IND 1 .ati er: I 13690 Sgt 9 PC -01 1012 i 7O- I Pot i6 / P:slt. Ceiling; �D Nl} tyll V11 NU ND Pa1nt include[( as bind:r ()I i A aper: 2 j I?690 SIt 9 PC -L)1 1012171- Bed 931 Patt. Ceiling NO NU ND ND ND til) faint included as binder 011A 1 IND 1 1.uycr 13690 Sit 9 PC -01 1012176- Tied 1131 Patt. CciIing r' I) I NJ) Nil NJ) NU I N1) 01. 1A ay e:: 4 1369D SR 9 PC -02 1012176--1 lic3 ?-i 1 I'att- C'ciiillg NO ND Nil NU N❑ til) Pail:i 111c1uaeil s• hindci- 012A 1 1 1.ayer: I 13690 SK 9 PC -02 1012176- 1ikA 93 1 Pati. Cc: ilig ND I Nn ND ND WD Nn Paint inaltuded as hind -- 012A 13690 SR 9 PC -03 1012176- 1 II d P31 Putt, Ceiling NIS N'D NIS ND NJ) Nli Paint included as binder 013A .a�•cr: 1 Pete; Cit=di ysatilc. A.Wamostte, CRS �:,;c�ilulrlr. AC-aclirAte, iH-tre: nulrir, A: "mthup:tylite 1'^E cry ummte ,m Ihr'avlp'c s, sre thr indi t•idual ac.dys:s shmm N0 - Nunr ncireled NAT is rri f -A.1 in rlcicutrig staal: calictumnons of asbestos ir.:lour. dies at:d siulilm 00-nfrlat:Ie mill(: -lags. [ 1E::mii1XiVe -1 E -M tis cur tvly rh_ n:1iy mrlbA that =n be used to ,ktrE nlinc the umcluiit-e aclreslns somata It ss ccm ficd b%, !!c sfpra:,-, L,:).- .}.;,! it. t.L"atwy Edntarrcd :s —Wild by the Na7wci Iastiluw �f Sian:Eards and Tcch1,01CFy for Pnlarn[d Liijii MicrosmjW (110.1)arraiJsis undcrOlt: LPal h,krno Aahcslnv15,A tiamttie Chall Py Assuramc PrnR.rn, 1-aIL^:alnN it) IWORM All �m ri, erg site y nsuaty mtsmated soitane NI analyses are pe:{m med in acco: dmcc wish the EPA ".%I mhod res liK t7etmnimtien of Ashestas in B.1k ri.tdding Matcriats, I-I'.VF.lxtr R-91 l Pfi, July 1943' TI— Icpon ....ast no 5e repraluccd etim}rt ut rut! without rLe apl— J of An;klyt ieal F.lri1"It nc15t%j SCMI:c.lre 7h1sc IcA ricAm al,ply „W t inn saatples iv:midiy tcslcd t Nfiernanalyst: r dvzk Vora N:lir QC:.lnalysl: Yelena Kllanina Page 5 of 8 A N A 1, YTI C AL ENV I RO N IM VNI'A 1, S ER V IC FS, I N C. Bull: Sample Summary Report 1-1b I Im I (1' 109,141 ALE S 9 -Dec -M Cient Namc: Ullitles',S.11 EllginM-iilv SIAMCCS. 111C. Xjmhcr. I(I 12176 Client 117 iF.S lll 1.0cati F3 M r c11 A 13090 Lit'-) 4)W-05 Formal Dik,Jog i Dlykl,afl JL i.l,l M) M) NEI ND 141) Lafki-: 2 I I,f,90 SP, 9 FT -ill I o 1217(,- Kildiun I Flovy Tile N11 NJ) NMS17 VIM.' 13(,!?o sit 9 F1 -01 1o12176- Floor] ile N -F, ND ND ND j,41) I'L41) I D,,irk Laver ()OOA I 13690 SR) FT -01- 1 717(,- K iiIwn I Floor 111 u ND NI) I'm) villyl 0117A 9 Fr -{.12 10112170- Kitchen) Hcor'Filr, Ti) ND ND ND vii ND Dark nrowti L%AaNzic 007A Laver 2 13690 SR 9 Ff-03 101217()- Khdm) I 1:100rTilc i) Ns) 7 N0 NO ::It N F) villyl I IOSA NIP ND N,-1 L) ll aik Brcj��,n 1% askic 13690 SR 9 FY 1012176- ND 'ay ej-: 2 13690 S R 1) CP) 1 1012176- 009A 1300 SR 9 CI -01 10ND 12176- IJ09A Noiv C11 F or c,111, rjl, e.v% Ma• scc Ov. 1 ndt vido, I an'.jj. +L, Sker. t, N,,- D.!—wd Pi %I oitr .11)1v in &1�clmg ,-Iiall a Lsi1-mo% is floor liTe3 Ili $j:ILIIIAC ioo,fimblt itiat m ialz Q%jj.;31llAT1N V 11;M 1. j ., a.,. , t:on ji1v. sji, .r, k, , -ii car .d T-1 Oj-.jVV;! M-M;walysis widu tk LPA !mtcrjm. As�cgLiz Ej.11, Sa.nplc Qw1m As.jr.wN Ub�avmv lu W-0824. Ar 'Xal460 j4lvcn are by Yl mall1: Whir; acct! vu Imir. Ali jtmiysts v a p -i'. onn ad P31 PA 'til Otil%Xd ful' lil C Udl enim mil inn Of AOkolus B jib b141 1di 158 -% Wei 1 A-4. [:S'. WWR•9 . 1 Ay. I -,,j TI, t. rep..rt naiu —I Lvj-, d ill—1 d. app. -0v11 110MIU111.11 Sciv:cc. !Ini: T-flse IcAl -C ;,:7s lrpi) U:ily w line sTtl:A,:S azitialTv I'micd QCAnal"I: Virg Reif Khammu Page 4 of 3 ANALYTICAL ENVIRONMENTAL SERVICES, INC. k ` Rulk Sample Summary Report NES [Tient Ni nye: L[Iiversal Engineering Sciences, Itic. A€:S Job NUmbel•_ Proiccl Name: - Project Numbor: 1 ah €1)4 111'0$24} R- Due- 10 101207E Client II} AES 113 Locatitsn AsheslosAlinernI !'crcelEta c 'Comments Eti1 C.R t � F 13690 SR 9 1VP•04 I012176- f.veriorI W--dI Pan eIing NF1 N 7 tin N1 Nf) x.11 Pain[ ittclttded as hinder 0. 7A I I I I 1 1 ar ef: 3 1.1690 tilt 9 WP -OS 1012176- 1"Ki Cl- il+:-I 11':111 PifiteIIIIL 25 1 NI) I Nn I ,n NE) I NF) 1':tin: inellldei' its hftldL'r U1311 ,a,, cr: 1 13690 SR 9 WP -06 1012176 Exterior i Will Panefind 25 ND N❑ Nn Rt] Nf] Pain[ ittclttded as hinder 0199 I I I 1 1 al .11,0.. 2 11690 SR 1] lli'P-06 1012176- E-,aelit±rI Wall Pandilir N.t I Nu N11 N1) Na NO 0111x1 13690 SR 9 WP -07 ![712176- Smage ShedI W a I I Paneling 25 -4D tan N❑ Nt] Nu PaiILE included as bittdrr i)20A alcr: 1 1:,690 SR 9 WP -07 1012176- Storage Shed I Wall Paneling , `n Ntz [+u Ni) ND Nn 020A _oyer: 2 13690 SR 9 WP -U8 101 )1-)6- SLoragc Shcd, Wait 1'anOmF.. ,4 Nit rrn rin N11 NDP;tint it:rhtded as binder n21:'t -aver: 13690 SR 9 WP -08 10112176-TU,hcd I W a I I 1'aneliIIg n>> yn xn N17 N❑ I E? (121A al .11,0.. 2 13690 SR 9 WP -011 1012176 Stu-gc Shcd J Wall Paneling =5 ND Nu IND Nu NO I 11ajmt included as E1:luicr 022A a7•er: I lln:r C14= chn•soti:c, AM aW054t, t"Rctdnhl e, AC-uzirohre. TR -trot na'ne. AN-snthupkyl vie For cern fit cifiS on the samples, we the Ind lr ldual an slysrs shcctx 4n = N— [der.,-urd PI M is 1101 CM I%dh4Valty rcliablr III dc,,wtlry .rn,dl can_ensiRumps oraxinans In flour tiles and smidor verrmE" inmeimis Quanutats sc TFM is cuuenth, th; only :Iic Ilmd foal earl be uv d to del cm. enc the cauchrsi rc a5 hc%Ivs �mncm II is ecnibcd by tile wptka:tuCi helm Ihit Il:e is bot atrn5 idenutred is at.rcd,led in- it lc Na1•unal Iustuute 4S1NOW& and Technology IbI Fecal ind Li Vii Mmc %u ,py (PLMl arlaf) sli under the I:Pri Intm ltt Asbe nos BU tk Smapic QLaddy- A swt a=ce Program. LaY]ME ory EQ 102092-0 All PCr. ,taEes 8,%uI � I e by visually rst.tnaud t Nl�itc rill analyses arc Ems few coed its wmdanee with tic EPA 'Muthad Sot lilt Fk!umir at km of asbestos In SI.:Ik BMldMe. NIa:cn afs, k=Pa•'6D� H--`•': `. 7uly I7"-1' Thls re, art:nust nn[ k rertrx:ured r —Ti in frill wit haul :he app"%a111 r A11alyuc ) E:RV m-111cntal Seel U. 1-,t Tf r•• t< . r • ,.Ir. , I•,I% to dle s.)mplcs awznally Icvd Ir. NIicruanalvsf: I1 , .1 A A�i 11A QC Analyst: 1'Irit RuiII Yokm] ltillanfna Page 7 of a ANALYTICAL ENVIRONMENTAL SIl RVICFS.INC. Bulk Sample Summary Rulon ;:b 11.)V W21?S,_0 Client tit. -1t_ Univer-sal Engilfeel' 119 Sdellzes, hr. AFS Joh. N:lnthel': 1012176 i'ra;ccL N:nrC: PTO i,eL Nt1111bt!Y. TC hent if) Location I.h�c�tn'"�'�"=.l nls C'fl 113 Cat �ti 1 1160 l `R 9 F'C'-1113 1[112176_ 13rd +�? i Patt- C'eili1% P ND iii) Nth tit) ND Paint inrll:ded as bi;z k r 013A €.3119[1 5111 9 91'-0! 10 1217 I)cn ; 11':111 Farlclinp {:n NEI YD N1) '.') Paint irtcistdted ay 11: 11 o: 4A Layer: ! 13(,911 SR01L'P-[]1 1012176- nc:l; Wall Patlding. M)JFl t:D NO IND IND Cl i=1rl t r. _ 13..kli] SR c) 111'1'-Cx 11,1217l)- I''-111 WL)II Pallel;7TI, tis) ND IND 01.1A .1st e:•: 3 _1 II 1369n It 9 W1'-0' ;[]12176 17a: l �'tralEl Pancling '; N ND ND t❑ til] I'alut wch:dcd as hinder 01iA 13( y,} SR 9 W1'-02 1012176- Dc r Wail Panclinlr� t 11 1111 U i�U yU tilt 111 SA 1:3L•I;t} 5r{ 9 Vv'N-I.}? 1012176- 1]cn I Rall E'ancling ND N 1 Ttif) till 01 SA 1:3$z1(I SIt 11 W N -{?3 10121776-1}(11114' 311 l'an :illg �� NI) hE) tiD IND N:) 1'::u,: tla�uidetl a+billd r 016A .31•c:l•: 1 1 1 13690 SR 9 WP -04 101217tr- h%wriari Wall Pancline (ll"+A 27 ND NO I VU i ND f Nil I Paint it d i&d as binder Nwe1 C 1:=C mstnde•, .ix I•T'nmositc. CR-=: ida[ac. .••.-"�tnnoElic, TR`ilc,Iwhic. AN °a:vhnllliy[itc ! or c n::Ilctil. on dx sce tilt tbl'l adna[ aval7 , ,ncrls N1 T) is.me Herr led i'l lS i snot cP14416rent I Iel.ahlc II, cetera:IV. ta,i[1 co n[ enua. vu.0 of ashy stns is {l oqr Ii[r:; asli s -Intl ai r,.1: G:ai,!0 111:I1cfWiy U0se4'I,ll11c s:ur-.en11r tier ote, mciilad t4al e:m he dscj: to icern;,mc Ih. cace;usnc;ui:euas CUINrIII 1: Is cewFcd 1`y tha stenzn¢es below tkat Ihe• iabo alery tdellnf:-d is a.el Cl; Eed hp rhe i9 111 lust OUEC uI SLmaUnh s:w Tecluwtg5 fw ?olavzzd Lit'}!l %La -&copy IPLM I ansll� ;s �necrdw LPA Ilumm Aslstus Erik Smnplc L,lualn}• e1ssl:raitec i':.,yrva Latlalacnl} t;) l[I?o[{=_p Al }Krcrle:al:r� INLCIc air by % I e:I:-liy csl: wmcd 101wu4:. Ail analyses tic prrC,aued itl;14cf)Ida[Icr wk h the GPA "4l cta ad titr:hu Dcwrninalioti of i'sbcf-lIs .r• III M Bad I&ki, ilalcmil s• 3:1' A.'41 Pj,lfi i?i I Ir., lnly 1993 " This rc�Ii I[I usr im Wi ep: dnccd mcpt ir. r'.Ili -idol us 113c ANk-I F A.-lyt l.:.d E[n•tr�plrclu.d Sr:-�•ac, In:.. Thcsc Icet resldts apple ••r LIw sautPiES aCtuai ly Icatcd. QC: Analyst-. 1ilCl'tl:in;ill�Si: j � !j� r !J!I fj ' Y�iCai: Khalliml v Ira 12111 N,:qe 6 of B ANALYTICAI. E\1rIRON;MEN'I AL SERVICES, INC. Awk- *' a Bulk Sample Surrrmar4 Report [ ,i>, ID,,; 102W92-0 Client flame: Universal Lngineering Sciences, Inc. AEN Job tiumLl er: 1[}12174 k!Ik Project Pante: i'toject \unlE:r; ('!fent It AE5 f[3 Locationrzltinrrsl Percrrsln cF Continents bnl ('R lti 136/45119 W1'-09 11112176 Stt)ragc Shed! Wa1! P ieI inn. N1.1 1 ND I NO I nll till ND 022A 13690 SR') R-01 10 12 176- Rauf!A;pbalt Sl:in2k: - x13 IN 1) Nil hl_1 VD ND E123A 1 I I3690 RR 9 R-02 1012176- 024A: CE : I 1-1OY1 11 jR tl R-11 3 1(' 12176- 1 1 2311 Rouff AsphaIt Shin,,lcs Ria11•I Aaphilll SIIiIWIL�ti I►`lf�ti�'tifl►ll� W �6'll�tii�] M) I iND IND i ND 1 ND I ND 1�4,i4 IF)sor.[C, ANI-amul Tr. CR-.iaer3n;I:-, AC• aat.'rLO [e. 1 k'Ir Bindli:C. AN a:uiiophANH Fmcumntds un lix sa,np'os, we thr audit i&A anal} z:.s tilaerz ND=NDaleDe. [ct "I U li PIQI c•:kl5iiietl[1p rdia!:3: m drre[[rrpy:r711 TEM A atl:T[ntly rhr only 111CINW1 -Isar :All Ire I.Wcd :n JCrPI UMe Iiir aoli.:I4aire asL es[as con:e:n. 1, c v ficd 6y lb- sg:xatores lx6E that :hr Wvsr.MFy rd-vl'c l i. ae.:rediteil I -y rlx NM lnaa! 1--itIve of Sl7:7dar:is -J TechnoluZ.y riu oltli're3 Light Mwosul)y I?L%1i=illy'Sle Ovule: [hr iiP1% [PMIIII A$licstOS fiallc SaigPle dlwi.y Assulancc Program, Lubcra[ary 10 i[]_p8Z41 All :r: vllgts r; ivcll'lu 1,r '6511,1 1}' CSnpi lCll uhmic All m Ayres arc perionned in azDi dl9CC wnh thu LPA "Oerllod Em dm ;k[en:»nnli0n0f,' hW:ms i !tl;lk f 3iiild1u8 M.lerial s, E?A1i NR -7311 10, July 1Y)3 lns rep•:I .rii:l cool Ile rcpnatil.rd nrepr in I[i lr 17. .NT I lu Argw wA at' Analg cal n0ronllir10 Sel III Inr. 31:ric :cat irstdts apF:y' oiuy nlhr ran.;Hes aaaaay srsttl t �fiernanalysl� '0 dv� Lira Ruii QC Ana }yst: Yuh: [a Kharlino Pane a of 8 APPpmni ! d ■ 'R V 1 R [1 F ..fit_ - - "k ✓r �rn:3�r:rr�:=:.. ".:=: _3.r�^-.'e^;. w:,.!iii.U'e•.-.al-.-��=ti+_":J�^•i�±'•--'�. --j+��'_-..��."��:":s ::...-nw-" .�,�._ . The Environmental Institute 5aci �i S ecurii Muthuswamy- urnber - XKX-XX-3728 Y Universal Er gmaeri:rg Sciences - 3040 Business Park Drive - Norcross, Georgia 30071 Has completed coursework and satisfactorily passed ars examination that meets all Gritef7a required for EPAIAHLRAIASHARA (TSCA Title ll) Approved Reaccreditation and NESHAP Regulations Training Asbestos in Buildings: Inspector Refresher April 27, 2010 Cczrso Date April 27, 210 Exam;nation Date Aord 26, 201 Da�,id I.N. Hogue - PrincipA instructor!'€'raining hEanage Rachel G- MCCain - Exa A inislrator 11962 Certificate tr'urnber (Approved by the ABIH Certification Maintenance Committee for 112 CM point) (American Indoor Air Quality Council Re -certification Credit Registration #09011202) (Florida Provider Registration Number 4001342 -Course 90002805) TEI - 1841 West Oak Parkway, Suite F - Marietta. Georgia 30€}62 - (770) 427-3600 - wwwAoi-ati.corn ❑PPPl1 nI 4 Universal Engineering Sciences, inc. GENERAL CONDiTIONS SECTION 1: RESPONSIEILITIES 3.1 Unhersaf cngrrrPerrg Sciences. Frio., he.etafore referred to as the Consu'law. has the responsibility for providing the services described ur:der the Scope of Services secficrl The work is to be performed according to acrepted s.andards of care and is to be completed in a Ifine y manner. The term Consultant" as used herein incluces all of Umve,saf,Engrneerinq Sc'ences, Inc's agents, ernp{oyees, professional staff, and suk cunkractors. 1.2 The Client or a :July auth+]rired represenlative is :aspnnsible for providing the Cersultant v.Mh a aks ar einderstarding of the project nature and scope. The Client shall sucp!y the Cor.sullant with sufficient and adequate information, mciudrmg. but net timited to, maps, site plans, reports, surveys and designs, to al:ow the Consultant to properly cumpfete the specilred services. The Client small also commcraic ile changes in the na[ure and scope of the project as soon as psrssfcle durtrig perfufroarce of the work sa that the changes can be incorporated into the +mtk product. SECTfON 2: STANDARD OF CARE I .1 Scruices r:erforrried by the Consultant under Ibis Agret.-ape" are expected by Eliz: Client to Ge conducted in a manner consist -3rd with the level of care and ekili ord'narily exercised by members of the Consultant's profess on praclicir�g t.nri!r aiporanedusly under similar conditicrs in 11^e locality of the project. tie other via rnanly, oxpress rrr in ptied, is made. 22 The Clienl recognizes that subsurface ccndiWns may vay From [base obse-wed at larati= whore borings, surveys, or other expioralia:tis ;are made, and that site conditions may change with lime _ C:ata, interpretalions, and recommend atians by the Conscltarlt vritl i>e based solely on information available to the Consultant at the lime of service. The Corsul[ant s responsible For those data. interpreiations, and recommendations. out YaH nc! ba respons.ble for other parlies' Interpretations cr use of the inlorma[im developed. SECTION 3: SITE ACCESS AND SITE CONDITIONS 3. t Client will grant or obtain f,ee access to the sale for all equipment and personriA nE_essary for the Con->utlant to perform the work sr,t'orth in this A;jmenn!rnt. i1'e Ment will sutify any and all possessors of the project --tie that Client Ids granted Consultant tree access to lhc° site. (rrr; Consultant will lake rP..asnnable precautl, ns to rrim.mize damage to the site, but it is understood by Cl:earl Ilial. in the normal course of V.m, same :.carnage xray occis. ar•d aha wrfeetion W s:ir;h dairage is not part of his Agreemk"it .rrAns so specified in the Piuposal. -32 The Client is responsible for the accuracy of Inratir:ns For ail siibb[ nanean s:rtrct fres and ufili::es. 1 he Consultant ~will take reascrnaWe precautions to avoid kriuvrn sunter-anean slruclures, and the Client vraives arty china main: t CansrrtFaril, and ag-aes ic. deferd, ineomnify. and hold Consultant harmless from any e'aim or habVi[y for it jury or loss, including costs of atefPIise. aris ng frarn dan3agc done to sut7terra:lea i sbuCiuras arid utilities not idenbf!ed or accvrately located. In add if ion, Client agrees to eampensaI& Con sullant. for any !irrTo sprnt or expenses ncurred by Consultant in defense of any such claim Mr, cernpansation to to bast"d upon ConsWant's prevailing fnii: schedule and expense roimhursement policy_ SE=CTION 4: SAMPLE OWNERSHIP AND DISPOSAL f. i Si.iI or wa teT sarnpiez outainea fro nn tate project during per furnaaricri of the vwork shall renrairr trr_ property of the Client. 4.2 The Cons:iltant vii'l dispose of or regio to Client all remaining soils and rock samples &D days after submiss*ori of report covering those samples. Further storage or ;rarsfer of samples car. be niade at Ctserifs PkYcnse upon Client's priur wrilten request. 1.3 Samples whim are contam'nated by petroleum products nr other chemical wash wail tie returned to Clien, fur treatment or disposal, consistent vrith all apprr:^r!ate federai, slate, or vocal regulations. SECTION 5: SELLING ANO PAYMENT 5.1 Consultant %-All submit invoices to Client monthly or open ccmplelicn at serdices. Invoices will show charges for different persannel and axperl_se classifications. 5.2 Payme-iI is due 30 days after prese taholl of invoice grid Is past due 31 days from invoice date. Client agrees to pay a finance charge of one and one-half percenl (1 V. %) per nlonth. or the maxi mum rate aiiovied by Iaw, ori past due accounts 53 if the Consultant incurs any expenses m collect overdue billings on invoices, Ire sums paid by tfie Cansultenl Ior reasonable a:torriLIK tees. court costs, Consultant's lime, Consultant's expenses, and interest will be due anil awing by [he Client. SECTION 6: OWNERSHIP OF DOCUMENTS 6-1 Al reports, boring lags. field data, held motes, lanaratory test data, calrulalions. eslirrmntes, and other documents prepared by Me Cunsultaril, as instruments of service. shal: remain the properly of the Consultant. 6.2 Clic:rl agrees that alt reparts and other -work furnWied to Itie Glten l or his averts, which are not paid for, yr i be returned upon demar•d and will not be used by :� u4ent far any purpose 6.3 T he Cc:r, ultaril w4l. rc'air- all pemner,: records ralatic4 to the services performed for a period o' live years fdilowing submLssion of I''v report, during which period the mooxds will be made available to the Qlent M all reasonable litres. SECTION 7: DISCOVERY OF UNANTICIPATED HAZARDOUS MATERIALS Client warrants that a reasonable effort has hee�ri maao to inform Cdns:ntart of imovvn or s,, sperled hazarcous matar a:s on or rear the project site. 7.2 U:.der this agreemert. the term ^azardous materia:s include hazardous matenai•s (40 GFR 172.{31), hazardous wastes (40 CFR 261.2), hzr3sdaus substances (40 CFR 300, 6). petro'eu— orod uCls, polycniorinated b phenyls, ar•,•a asbestos 7.3 Hazardous materials naay exist at a Sita +~baro there is ria reason to tetievp !hr:y could or shautd be prestinl CunsulI2nf and CiienI agree 11 'al Zile discovery of unarti dpatw haLafoous nia,e lals Cions.!Iuke5 a Mangeid Cond.tion mafCatmg a renegotiation of the scope Ct nwark- ConSJltant and Client also agree that the discovery of unanUopa'ed haaardnus rlaterials nay make it necessary for Consu.tant to take immediate measures if; protect health 2110 safety. Giierr agrees to nrrnprnsale Consu:lart for any equifirnerr; deccntarr natier. ter other costs incident to'he discovery of unanticipated hazardous v,as:e '-4 Consultant agrees to nclify Client wrien unaMcipated hazatdaus rrateria's u+ suspeuted hazardous rtiaterials are cru:nunterec. Client agrees to make any diseiosures required by raw to the appropriate governing agencies. Client atso Fgrees to hold Consultant harmiess Irrr any and all corlsegoences of disc-osares made by Consultant which are required by governing law. In the event the project site is not Awned by Client. Client recognizes that it is the C!ien!'s responsrhility to inform t`•z pfoperty owner of `V? d scovery of unanticipated hazardous materials or ;vspecle hazardous rnatednla 5 Notwithstanding any other provision of lhr. AgreemeM. Client waives any claim ago nal f:nnsul".ant. and to lite maximum extent pereritied by lav, agfee5 to defend. lridernnfry, and save Consultant harmless from any claim, I,ability, andlor defense costs for injury of loss arising Ecom C'onsultant's discovery of unartlicipaleci hazards{is materials or suspected hazardous rnalerials including any costs urealed by delay of ;he project and any cost associated with passible roduction of the property's value- Client wilt he responsible for ult,rnatc disposal of any samples secured by the Consultant which are found to be conlanuna:ed. SECTION 8: RiSK ALLOCATION (bust select a or b beton• if neither is selected a sh3rr prevail) LJ a -la Clie=nt agrees !hal LAI115l]{fart'3 liability for any damayc ore act:uurit of any error, orniss:Iln or othor professional rcgligence will he li iti cl ,n a stem rot !o exceed $50,0301 ar Culr>ultanl's fee, Whichever Z greater- Client agrees that the foregoing limits of liability extend to a1! of consultant's em=ployees and lrufr-ssianals who perform any services for Client. If Client prefers to have Ngher Itmits en professio�la- fiat>iEity. Consultant agrees !a inarsase the limits up to a maxfrnitrr of $1,1100,000.06 upon Clients' wrillen request at the time of acceplinc our proposal D.-ovided that Ci!ernt agfees to pay an additional rnnsirlt ratirrn of four percent al t! -re total fee, or 5400-06, wh;citvvei is greater- ;he additional dia,ge for the higher linhi:ity iimils is hecantr: of the greater risk assumed and is not slrir-ly a charge for additional Professional fiat}ellty ir•surance. LJ a -lb Client agrees that Corsultar. I s :inbil;ty or any clarnagr.• nn ar,corrit of any error, omissiOr. or other protessio,ial i egtigence vii 11 be limited to a sum not to exceed_ or C'uysullanl•s fee, whichever is gr+'aler Client agrees that the foregoing limits of liability extend to all r,[ Cc7nsirllanl's imp€oyees and professEnnarls wnn ppr4omi any services for [:first;l. SECTION 9: INSURANCE 9.11 The Consultant represents ar'.d warrants that it and its atgenLs, staff and Consultants employed by it. is and are praterled by worker --s c,ompen3ation inst;ranca and lha! Censuilanl has such coverage +ender plib!tr. liability and properly dan+age Insurance fta:icies which loo Consultant deems to be adequate. CerliIll cates for all such policiE ti re' ir!suran re shall be provided to Client upon request in wriling. WIhin Ilie limits and conditions of such insurance, Consullanl arrees to indemnity ano save Client harmless from and again&, loss. Carnage, or liahirity arising ,ron1 negligent acts by Consullant- its agents, staff, and ranstrltants employed by it. The Consultant shall no! be responsible for any loss, damage or 1lat,dity beyonri the atllounts, limiIs, and eanditio-1 of such insurance or I,-. e limi! s des^ribad in Seetlon A. %.&.i&eve: is less. The Client agrees to defend, indemnify and save Cor-sultant her nlpss `or loss, darn.agc or liability arising Imin acts by Clien(, Client's agent, staff, and utter consullarts employed by Client SECTION 10! DISPUTE RESOLUTION 10.1 All Claims, disputes, and other matters in controversy between Consu:lant and Client arising out of nr in any way related to this Agreelrent will be submriled to Aalternative dispcte res-3tution (AQR} such as mediation ardfor arbilraliCn, before and as a condition precedent to other remedies provided try law - 10.2 If a dispute a' lav,- arises related to the services provided under this ATeemertl and that dispute equires Iitigabec instead of AUR as provided above. 11`1.er:. raj the claim will be bmugN onrd lrir�d in judiCiai lur.sd:ciron at the Cau:t of the Wunly wl.err, { onsuEtar: s principal pl000 of business is located and Client waives the right to remove the act. on to any other county or judicial jurlsdfclion. and (b} The prevailing party will be entrilen to recovery of al: reasonaole costs iilc.f-red, including staff bine, court Costs, attorneys' fees, and other claim related expenses. SECTION 11: TERMINATION 11 1 This agreement may be terminaled by ether party k; sun seven (7) days .%Frillan rnt.ce in the event of substantial failure by the other party to perform in accordance with the terms hereof- Such termina:ion shall not be effnctive if that s!!bstanlia! failure has been remedied before expiration of the period specified in rhe written rnGce In the event or tem^1ina'rnn, Cnzsultart sh@lk be }laid for services pencrmed to the lerrnination notice date plus reasonable termination expenses. 11-2 ht the event of lerrltinaticn, or suspension for more than :%rae (3) months. pricer to ConlpEeti:ln of all reports C0nternplated by the Agrnenmrt. Consultant may completo such anafyzes and records as are necessary to complete his Ples and may also complete a report on the services performed to the date of notice a; lermina:icrt er suspension- The expense of Icieninalioi: or suspens!on shall inc udn all direr.: ens€& of ConsuttanL in completing such analyses, records and reports. SECTION 12: ASSIGNS 12.1 r1either ine Client nor the Consultant may delegale, assign, sublet cr t,anlfcr hly dUlies Of interest in Ibis Agreern?nt without the written consent n` the other party. SECTION 13- GOVERNING _I_AW,4NI7 Z RVIVAL. 1 1.1 The laws of the SLate of Flor'da wilt tguverr tyre validity cf these Terror, ;heir interpre:atian and performance- 13-2 U any of the provisions contained in this Agcr,emenl are held illegal, invalid, or umentCrcuablC, the enforceabil.ty of the temairrng provisions will nal be unpaired- Limita;ion5 of liability and indemnities vwill survive termination of this AgFee, nem for any cause. Rev. 09.09110 Appendix A: Contractor Affidavit and Agreement **** THIS FORM AWS T BE SUBMITTED WITH THE BID EXHIBIT TTA TF_ OF GEORGi.A CIT)' OF.1IILTON CONTRACTOR, t FF1 DA VI VITAND .A GREE❑IE N Io' S►- excculi►rg this aftielarit, the undersig►red c:antrac•!or 1•cri/ies its compliance with QC'. GA § 13-10-91, stati►rg qI irmalivety that IN inellt'ielrral. firm, or e•rrrprralion which is contracting with the C'iR• rrf Afillon has registered wilh and is parlicipalh► L- in 41.I derel u'rwli autlrro-Laliun program. in accordance with Me appliccrhilirvprovisions and deadlines evahlished in U.C'_(L-1- § 13-10-9L The undersigned fia'ther agrees !Ileo. should it ernplo►' ur cantraGt x'i!h turf sulsconlractur(si i►r corniccitem tirith Ilse ph1•sical lwgortnance ofservic'es pursuersn it) this c'Urrlr'c!e'! with the Ofv r f A illon. cowractor sri11 secure f►(nn srtc'lr aahe'urrlrerclax (.sJ similar verification of campliance still! C1.C'.G A- §13-10-01 on !!re Subcn►rtrcrc' Or rlffidcrrit prorided in Rirle 300-10-01-.08 in lite /grin provided h_i' floe c'itr. Conirac tur f i►rlher- ag►•ees w maintain rec•urds oj'such ce,n+pliance anti pre vide a cupY of each such verificatiu►r f e I Ill On, of tlitllnn at 112c• ti► c tilt, suhCoo ltrac'lor(s) is retained to perfnr►n such Service. I:F.J`;= Bus�rP7fila! 1'!•as3►Krrr2,E�crldz►► ' c'crt Olr;Vunrbr►• 13 }':: I rrllruri=�f 1]�'rt er or _ !gent! Dote Prim onlo-ac'lur r1'ante 5y 1 rile• of ulhorr_ed () icer ur .Agent gj'Cunlraclar � �(2, ' w Printed flame e f.Authori_ed 0#1111, err : agent SI 7BSCRIBED.A ND SWORN 1 A elf 04'S 7 YOF .201 .velu► ' zrhli �L�i�srti� r �r,. 11.1• C rrrirgion F Aires: i,GH 2014 da��iSl!^i8 =z��t r - - Appendix g_Asbes#os Study —----- -----� STATE OF GEORGIA CITY OF MILTON EXHIBIT 46695 CONTRACTOR AFFIDAVIT AND AGREEMENT By exectttirrg this affidavit, the unders1g,tted contractor verifies its compliance with O.C.G.A. § 13 - 10-9 1 . stating affirmatively that the individual, firth. or corporation which is contracting kith the City of Mi[toll has registered with and is participating in a federal w work authorization program. in accordance with the applicability provisions and deadlines established in U_C-G.A. � 13-1()-9l _ The ttr3dcrsigned further agrees that, should it employ or contract with any subcontractor(s) in connection with the physical pertbrtnance Of services purstiant 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 300-10-0148 in the ibrrn attached hereto as Exhibit '-D" Contractor litrther agrees to maintain records of such compliance and provide a copy of each such veritic_alion to the City of'Milton at the time the: subcontractor(s) is retained to perform such service. E;I;V 1 Basic Pilot i rog.r• n . er Id ffication Number BY: Attth c Nicer or Agent Date Strickland Pipeline and Construction. Inc. Title ofAuthorized Officer or Agent off Contractor Printed :Mame of Authori .ed Officer or Anent SUBSCRIBED AND SWORN �-Ii: 11.�[I: C)N "i'i iI�'Y OF �� 2U 1 r� Notar . ub is ply Co .nis si 1 xpires: ti i� _ EXHIBIT "6" Insurance Certificate No Text .411%. � CERTIFICATE OF LIA THIS CERTIFICATE 1S ISSUED AS A MATTER OF INFORMATION ONL CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMENS BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITL REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMFUKIAN1: It the certificate holder is an ADDITIONAL INSURED, the the terms and conditions of the policy, certain policies may require an I certificate holder in lieu of such endoMement(s). PRODUCER STARR-MATHEWS AGENCY P. 0. Sox 1990 Cartersville, GA 30120 INSURED Strickland Pipeline & Construction, Inc 125 Equest Drive Canton, GA 30114 COVERAGI±S ('PPTICIr'ATF NIIIRADC04`T.T 941 final ABILITY INSURANCEDATEIMMIDDmm} 12/17/2012 Y AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS , EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES TE A CONTRACT BETWEEN THE ISSUING iNSURER(S), AUTHORIZED policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to mdarsement. A statement on this certificate does not confer rights to the co EncT Sandra Miller AH6He I. (770) 386-0466 FAX No. (770)386-3164 'FAIL . sti>_iZler@starrtnat_]aews. eom INSURER AFFORDING COVERAGE NA3C # INsuRERA.Westfield Insurance Co- 24112 INSURER B 'Builders Insurance Group INSURER C INSURER D INSURER E INSURER F THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES" LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, iNSR g gR LTR TYPE OF iNSURANCE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Milton POLICY NUMBER MiIO�LICY EFF MPMIDU EXP LIMITS 13000 Deerfield Pkwy GENERAL LIABILITY Milton, GA 30004�� CWP3625803 1112012 /1/2013 EACH OCCURRENCE S 1,000,000 A X COMMERCIAL GENERAL LIABILITY CLAIM&MADE I—XI OCCUR x A NTE° PREMISES ce$ 300,400 MED EXP (Any oneperson) S 10,000 PERSONAL & ADV INJURY S 1 00 0 0 QQ , , GENERAL AGGREGATE $ 2,400,000 GENT AGGREGATE DMiT APPLIES PER: T POLICY PRO- JECTLOC PRODUCTS - COMPIOP AGG 5 2,000,000 5 A AUTOMOBILE LIABILITY ANY AUTO CWP3625803 /1/2012 /1/2013 COMBINED SINGLE LIMrr 1 000 000 BODILY INJURY (Per person) $ Ix ALL OWNED SCHEDULED AUTOS AUTOS BODILY INJURY (Par accident) 5 HIRED AUTOS $ AUTOSNON-O AUTDS PROPERTY DAMAGE Per "dens $ Uninsured nvionst comnined $ x UMBRELLA LLA¢ $ OCCUR 3625803 /1/2012 /1/2013 EACH OCCURRENCE $ 1,000,000 A EXCESS LIA6 CLAIMS -MADE AGGREGATE yr 1_000,000 DED I I RETENTION S$ B WORKERS COMPENSATION AND EMPLOYERS' LiASILRY YIN ANY PROPRIETORIPARTHERIEXECUTIVE (IRanddat ry In NH) CLUDEA7 FYI If describe under RIPTION OF OPERATIONS below NIA f A 0135124-00 0/8/2012 °/812013WC STATLL OTH- x E.L. EACH ACC IDE34T 5 50❑ 400 E.L. DISEASE - EA EMPLOY $ 500,000 E1"DISEASE - POLICY LIMIT $ 50D Q00 fL2D ipment Leased or 3625803 11/2012 /1/2013 $300,000 ted From Others DEWRIPTiON OF OPERATIONS I LOCATIONS 1 VEHICLES {Attach ACORD 407, Addllhpnal Remarks Schedule, it.pre space i. raqulred) City of Milton is added as an additional insured under General Liability. jim. seeba@ci tyofmil tonga. u SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Milton ACCORDANCE WITH THE POLICY PROVISIONS- Attn: City Manager AUTHORIZED REPRESENTATIVE 13000 Deerfield Pkwy Suite 107G Milton, GA 30004�� Robert NScGlon/SAM s. cu tZU FWJV;�-I (9 1UMS-ZU1U AC:ORD CORPORATION. All rights reserved. IAISf19i nn+nnr) m The mor6e of ArniOn STATE OF GEORGIA. CITY OF MILTON EXHIBIT"U„ SUBCONTRACTOR AFFIDAVIT By executin+- this affidavit, the uneiel-si�,ned subcontractor verities its compliance: with O.C.G.A. ti 13-10- 9 1, 3-10- 91, swim" affirmatively that the individual, firm or corporation which is en -at, rd in the physical pt:rformance ofservices under a contract Stl-]'ck,I and Pipeline and Construction, Inc. on behalfof the City of ]Milton has registered with and k participating in a federal work authorization program, in accordance with the applicability provisions and deadlines established in O.C.G.A. ti 13-10-91 . EEV / Basic Pilot Program User Identification Number BY: Authorized Officer or A-ent Date (Subcontractor Name) 1-itle of Authorized Officer or Agent of Subcontractor Printed Name of Authorized Officer or Agent SUBSCRIBED AND SWORN BEI-ORL lull; ON "MIS T1-11~ DAY OF .201 Notary Public Ity Commission Expires: STATE OF GEORGIA CITY OF MILTON EX111113IT " l:" SAVE AFFIDAVIT By executing this affidavit under oath. and as an applicant for a public benefit. as referenced itl O.C.G.A. § '50-36-1. from the City of Miltos;. the Undersigned applicant verities one tai the fc�!low n�, %pith respect lt1 nl application for a public benefit: 1 I am a tinited States citizen. 2 y 1 ani a legal permanent resident of the United States. ;) _i am a qualified alien or neon -immigrant under the f=ederal Immigration and Nationality Act with an alien numher issued by the Department of 1 ic,tlleland Security or other federal 1I11111tgration agency. NIv alien number Issued by the Department of Ilo,nclantl Security or other federal immigration agcncy is: _- The undersigned applicant also hereby verifies that he or she IS 18 years of age or older and has provided at least one secure and verifiable document. as required by O.C.G.A. y _5D -3)6-1(e)(1). with this affidavit . The secure and verifiable dOCUment provided witil this affidavit can hest be classified as: In making the above representation under oath_ I understand that any person y%llo knowingly aril will Lullv makes a la1SC, fictitious, or fraudulent statement or representation in an affidavit shall be guilty of' vit,lation of ❑.C.Ci.A. ti 16-117-20, and lace criminal penalties as allo■%cd by such criminal statute. Executed ill �.__ ._ �ctty}, _�_ _(state). Sign ure t Lp scant i700 Printcd Name of App cant SLMSCRIBED AND SWORN F3l~:l;ORE ME ON THIS TI IF j DAY O 'd l7. I"A Y Ftl13LIC lulu Ct3n1111ission Expires: To: Honorable Mayor and City Council Members From: Carter Lucas, PE – Public Works Director Date: Submitted on January 16, 2013 for the January 23, 2013 Regular Council Meeting Agenda Item: Approval of a Professional Services Agreement between the City of Milton and Gresham, Smith and Partners for Concept Plans for Hopewell Road-Bethany Bend/Way Intersection Improvements Department Recommendation: Approval. Executive Summary: The Hopewell Road-Bethany Bend-Bethany Way intersection was identified in the City of Milton Transportation Master Plan as one of the top priority intersections in the city. In addition, because of the proximity of the Hopewell Road-Redd Road intersection that has been included in this study too. This project will provide the basis for future design and construction of intersection improvements at these locations and includes the following tasks: Task 1: Traffic data collection; Task 2: Property research; Task 3: Property and topographical survey mapping; Task 4: Traffic operations and safety assessment; Task 5: Develop improvement scenarios; Task 6: Prepare reports and concept plans; Task 7: Public outreach; Task 8: Final report and public presentation. A request for proposals was issued for these services in accordance with the city’s standard purchasing policy. The city reviewed the submittals for both qualifications and price and is recommending approval of the Professional Services Agreement with Gresham, Smith and Partners in the amount of $42,500. Page 2 of 2 Funding and Fiscal Impact: Funding for this project is available in the capital Hopewell @ Bethany’s Intersection Improvement fund. Alternatives: None. Legal Review: Paul Higbee – Jarrard & Davis (1-11-2013) Concurrent Review: Chris Lagerbloom, City Manager Attachment(s): Professional Services Agreement h City of Milton A(S) PROFESSIONAL SERVICES AGREEMENT CONCEPTUAL DESIGN FOR THE INTERSECTION OF HOPEWELL ROAD AND BETE ANY13ENDIWAY This Agreement made and entered into this day of , in the year 2012, by and between The City of Milton, Georgia (sometimes referred to herein as the "City"), having its principle place of business at 13000 Deerfield Parkway Suite 107G, Milton GA 30004 and Gresham, Smith and Partners, a Tennessee General Partnership, ("Consultant") having its principle place of business at 2325 Lakeview Parkway, Suite 400, Alpharetta, Georgia 30009. WHEREAS, the City issued a Request for Proposal (13-PWI Concept Pan for Hopewell Road -Bethany Bend/Way Intersection Improvements), to solicit professional services for the development of concept designs for the intersections of Hopewell Road and Bethany Bend, Hopewell Road and Bethany Way and Hopewell Road and Redd Road; and WHEREAS, based upon Consultant's qualifications and bid to provide these services as required by the RFP documents, the City has selected Consultant as the winning bidder, and WHEREAS, Consultant has agreed to perform such work as set forth in this Agreement, according to the terms and conditions provided in this Agreement; and WHEREAS, Consultant 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 Consultant, in consideration of the mutual promises contained herein and other good and valuable consideration, the sufficiency of which is hereby acknowledged, agree as follows: 1.0 Contract Documents This Agreement and the following named Exhibits, attached hereto and incorporated herein by reference, constitute the "Contract Documents": EXHIBIT A REQUEST FOR PROPOSALISCOPE OF WORK EXHIBIT B RESPONSE TO RFP/FEE SCHEDULE EXHIBIT C INSURANCE CERTIFICATE EXHIBIT D CONSULTANT AFFIDAVIT EXHIBIT E SUBCONSULTANT AFFIDAVIT EXHIBIT F SAVE 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. 2.0 Scope of Work; Compensation The Consultant agrees to provide all Services specified in Exhibit "A." No payments will be made for unauthorized work. Invoices should be submitted to Rick Pearce, 13000 Deerfield Parkway, Milton GA 30004, for approval. Payment will be sent to the designated address by U. S. Mail only; payment will not be hand -delivered. City agrees to pay Consultant for the services performed and costs incurred by Consultant 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 Consultant 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 a Lump sum fee not to exceed $42,500 (the "Contract Price") without prior written approval from the City. Consultant shall take no calculated risk in the performance of the Work, Specifically, Consultant agrees that in the event it cannot perform the Work within the budgetary limitations established without disregarding sound principles of Consultant's industry, Consultant will give written notice thereof immediately to the City. 3.0 Independent Contractor 3.1. The Consultant is an independent Contractor, The Consultant is not an employee, agent or representative of the City of Milton. The Consultant shall obtain and maintain, at the Consultant's expense, all permits, license or approvals that may be necessary for the performance of the services. 3.2 Inasmuch as the City of Milton and the Consultant are entities 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 parities hereto. The Consultant agrees not to represent itself as the City's agent for any purpose to any parry or to allow any employee of the Consultant to do so, unless specifically authorized, in advance and in writing, to do so, and then only for the limited purpose stated in such authorization. The Consultant shall assume full liability for any contracts or agreements the Consultant enters into on behalf of the City of Milton without the express knowledge and prior written consent of the City. 4.0 Indemnification 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 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 Consultant, any sub -consultant, anyone directly or indirectly employed by the Consultant or sub -consultant or anyone for whose acts the Consultant or sub -consultant 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 sub -consultant, anyone directly or indirectly employed by the Consultant or sub -consultant or anyone for whose acts the Consultant or sub - consultant 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 sub -consultant 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. 5.0 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 sub -consultants. 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 there from. (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 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. 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) The city shall be notified immediately by certified mail, return receipt requested, should any policy be suspended, voided, canceled, reduced in coverage or in limits. (S) 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: 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) Sub -consultants: Consultant shall include all sub -consultants as insured under its policies or shall furnish separate certificates and endorsements for each sub -consultant. All coverage for sub -consultants 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; The City shall be named as an additional insured and loss payee on all policies, except worker's compensation and professional liability, required by this Agreement. 6.0 Term; Termination The term of this Agreement shall be from January 7, 2013 and shall terminate absolutely and without further obligation on the part of the City on December 31, 2013, provided that this Agreement, absent written notice of non -renewal provided by the City to Consultant at least thirty (30) days prior to December 31, 2013, shall automatically renew on January 1, 2014 to December 31, 2014. Except as otherwise provided for in Exhibit "A", the City may terminate this Agreement upon a breach of any provision of this Agreement by Consultant and Consultant's subsequent failure to cure such breach within fifteen (15) days of receipt from the City of a written notice of the breach. Title to any supplies, materials, equipment, or other personal property shall remain in the Consultant until fully paid by the City. 7.0 Compliance with All Laws and Licenses The Consultant must obtain all necessary licenses and comply with local, state and federal requirements. The Consultant shall comply with all laws, rules and regulations of any governmental entity pertaining to its performance under this Agreement, 8.0 Assignment The Consultant shall not assign or subcontract the whole or any part of this Agreement without the City of Milton's prior written consent. 9.0 Amendments in Writing No amendments to this Agreement shall be effective unless it is in writing and signed by duly authorized representatives of the parties. 10.0 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. 11.0 Governing Law This Agreement shall be governed in all respects by the laws of the State of Georgia. 12.0 Interpretation of Documents In the event of a conflict in language between this Agreement and any exhibit to this Agreement, the provisions most favorable to the City shall govern. 13.0 Entire Agreement This Agreement constitutes the entire Agreement between the parties with respect to the subject matter contained herein; all prior agreements, representations, statements, negotiations, and undertakings are suspended hereby. Neither party has relied on any representation, promise, nor inducement not contained herein. 14.0 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. 15.0 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. 16.0 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: Gresham, Smith and Partners 2325 Lakeview Parkway, Suite 400 Alpharetta, Georgia 30009 Attn: Kent Black, PE 17.0 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, dernand 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. 18.0 Employment of Unauthorized Aliens Prohibited (1) E -Verify Affidavits 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 "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 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 "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. (2) SAVE Affidavit and Secure Verifiable Document Pursuant to O.C.G.A. § 50-36-1, the City must obtain a SAVE Affidavit and a secure and verifiable document evidencing the Contractor's legal status in the Country each time that Contractor obtains a public benefit, including any contract, from the City. Contractor hereby verifies that it has, prior to executing this Agreement, executed a SAVE Affidavit (to be sworn under oath under criminal penalty of false swearing pursuant to O.C.G.A. § 16-10-71), a form of which is attached hereto as Exhibit "F", and submitted such affidavit to the City in person, electronically, or by mail. Further, Contractor verifies that it has, prior to executing this Agreement, submitted a secure and verifiable document, evidencing the Contractor's legal status, to the City either in person or electronically (in compliance with the Uniform Electronic Transactions Act). Contractor verifies that it is in compliance with the Residency Status of an Applicant for Public Benefit, as required by the Georgia Security and Immigration Compliance Act (O.C.G.A. § 50-36-1). 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. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed by their duly authorized officers as of the day and year set forth next to each signature. Gresham, Smith and Partners, a Tennessee General Partnership Signature It., 1 Print Flame SeC.i ee *r! J 6� Title [AFFIX CORPORATE SEAL] SIGNED, SEALED, AND DELIVERED in the presence of: Co orate cretary {�11f111 111 11►��, A YC �4i NotaryPublic ,�p�'STATE Dg�.��- OF [NOTARY SEAL] _ :TENNESSEE NOTARY •�"•. My Commission Expires: y� PUBLII C�'• d''r} , -N-'��, CITY OF MILTON: By: Joe Lockwood Its: Mayor [CITY SEAL] Exhibit "C" Insurance Certificate NORN 'A��...�� CERTIFICATE OF LIABILITY INSURANCE DATE (MMI � 2/51r512012 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING ENSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: if the Certificate holder is an ADDITIONAL INSURED, the policy(ios) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s)- CON PRODUCER (901) 820-0400 NAME CT Noreen K. Nelson _ Crow Friedman GroupPHONE FAX 5111 Wheelis Or. E•MA1L. ext 615 383-0072 Ali, No : 615 297-4020 ADDRESS: norecn@crowfriedman.com Memphis, TN 38117 P ()UVC R— CUSTOMER ID#:GRES SM1-01 INSURER(SJ AFFOROING COVERAGE ! NAIC li INSURED Gresham Smith and Partners INSURER A:XL Specialty Insurance Company 137885 511 Union Street INSURER 8, Suite 1400 INSURER _C - Nashville, TN 37219 1NSURER0: INSURER £ : INSURER F: COVERAGES CERTIFICATF NIIMRFR, F2FVIS1[ iIJ MI IMAPP, -11-IIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIO[; INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDI PION OF ANY CONTRACT OR OTHER DOCUMEN F WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY TI IE POLICIES DESCRIBED HEREIN IS SUBJECT TO All -1FiF. Ti PNAy- EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. IINNSR 7ypE OF INSURANCE ADD SLB POLICY EFF POLICY EXP LTR SR Va POLICY NUMBER MMID01YYYY MMlO°lYYYY LIMITS ACCORDANCE WITH T14>; POLICY PROVISIONS— GENERAL LIABILITY AUTHORIZED REPRESENTATIVE Milton, GA 30004- L' ti EACH OCCURRENCE 15 COMMERCIAIGENERAL LIABILITY CLAIMS -MADE F] OCCUR PREMISES Ea occurrence)_ S S MED EXP (Any one pors_on) PERSONAL &ADV INJURY S - 0ENERN. AGGREGATE 5 GEVIL AGGRE GATE LIMIT APPLIES PER: PRODUCTS - GOMPIOP AGG $ PR LOC POLICY I LOC 5 AUTOMOBILE LIABILITY COMBINE] SINGLE LIMIT {Ea accidenl) S AN Y AU TO - 1300I1 -Y INJURY ;Per person} S ALL OWNED AU 105 130171LY INJUE3Y {}'er accident) SCHEDULED AUTOS PROPERTY DAMAGE HIRED AUTOS (ner accident} 1 NON -OWNED AUTOS --- is UMBRELLA LIAR OCCUR EAC(I O_CCUIIRENCE $ EXCESS LIAB CLAIMS -MADE AGGREGATE $ DEUUCTIBLE is T RETENTION S g i WORKERS COMPENSATION I WC STATU- OTH- ANI] EMPLOYERS' LIABILITY i Y t N i ANY PROPRIETORIPARTNERIEXECUTIVE OFFICER)MEMBER EXCLUOEOI FNIA TORY Im jT _ ER -I--------- - 5 - - -- ---- -- E.L. EACII ACCIrJENT ---_..----- --1— E. L. 1)1 -SEAS E - EA EMPLOYE -- (Mandatory In NH) $ If yes, describe under OESCRIPTION OF OPERATIONS helow $ ---- E.L. DISEASE - POLICY LIMIT A Professional Liability DPR9695686 8/1/2012 811/2013 Each Claim $1,000,Q00 A r (Professional Liability �DPR9695686 8/1/2012 811/2013 Annual Aggregate 3�,ODu,DVD _ DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Addilicn:ii Remarks Schcdule, if more space Is req«ired) (Project: City of Milton Conceptual Design for the Intgersection of Hopewell Road and Bethany BendlWay. GS&P Project No. 19258.48 I ULMI IFICAI L HULDER rA%Ir'FI I ATinm (01Pi8s-LUU9 ACORD CORPORATION. All rights reserved. ACORD 25 (2009109) The ACORD name and logo are registered marks of ACORD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED 2EFORE City of Milton THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED N Attn: City Manager ACCORDANCE WITH T14>; POLICY PROVISIONS— 13000 Deerfield Pkwy., Ste. 107F AUTHORIZED REPRESENTATIVE Milton, GA 30004- L' ti (01Pi8s-LUU9 ACORD CORPORATION. All rights reserved. ACORD 25 (2009109) The ACORD name and logo are registered marks of ACORD Client#: 3609 GRBSSMI ACORD-, CERTIFICATE OF LIABILITY INSURANCE DATE (MM)DWYYYY) 112105/12 CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCERT AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy[ies] must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this Certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTANAME: - Joyce Clark The Crichton Group PHONE 615 383-9761 T FAx 615 38.3-4628 A1C, No, Ext i C, N4�_ 3011 Armory Drive Suite 250 _ — - _ E-MAIL ADDREss: JclarlC@Ctljw.ne# Nashville, TN 37204 "---^' }( CDMMERCIAL GENERAL LIABILITY CLAIMS -MADE rx] OCCUR INS URER(S) AFFORDING COVERAGE NAIC k _ INSURERA, Hartford Casualty Ins. Co A IY_942_4._ INSURED INSURER B: Hartford Ins CO of Midwest A 371 478 A Gresham, Smith and Partners PERSONAL &ADV INJURY _ $1,000,000 1400 Nashville City Center 1NsuRER c ; 511 Union Street INSURER D_-- — ------ --- - - -- - _ - Nashville, 7N 37219 [N -SURER E--..._...- - — ----- -- ---- - ---- - — - I INSURER F COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED AROVE PORTHE HE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO VWIICH -PHIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSR SUBR WVD POLICY NUMBER 20UUNTWO356 T POLICY EFF �M IDDIYYYJ POLICY EXP MM1oWYYYYj LIMITS $'13.0 0 0 09Q A GENERAL LIABILITY 0710112012 0710112013 -- EACH OCCURRENCE_ }( CDMMERCIAL GENERAL LIABILITY CLAIMS -MADE rx] OCCUR s300,000__ $10,000 PREMISS [Ea occu n ncej MEO EXP (Any one person) PERSONAL &ADV INJURY _ $1,000,000 $2,000,000 y - GENERALAGGREGA[•E GEN'LAGGREGATE LIMI7APPLIESPER- PRODUCTS - COMPIOI�AGG s2,000,000 POLICY X PROJECT LOC 5 B AUTOMOBILE LIABILITY ' 20UUNTWO356 __ 0710112012 07/01/201 COMBINED SINGLE LIMIT CE,. ccidenq —__ _*1,000,000 BODILY INJURY {Per person) X ANY AUTO 5 ALL OWNEDSCHEDULED AUTOS AUTOS $ BODILY INJURY (Per accidenly X X NON-DWNED HIRED At AV705 _ PROPERTY DAMAGE Per accident s -- A X UMBRELLA LIAR X OCCUR 20XHUPB5535 7/0112012 0710112013 EACH OCCURRENCE 35,000,000 EXCESS LIAR CLAIMS -MADE _ 2QWEFCZQ945 - 0710112012 AGGREGATE $5 O00 000 DED I X RETENTION $10 000 g T_� WC STAT__161 H- - X .LJMl1E - IER E.L. EACH ACCIDENT $1 OQQQUQ �--•- --- - -- - - 1,00 -r---- - WORKERS COMPENSATION Q AND EMPLOYERS' LIABILITY YIN ANY PROP RIETORIPARTNERIEXECUT[VE ❑FFICERIMEMBER EXCLUDED? NIA 071011201 (Mandatory in NN) If yes, describe under DES CRIPTIOf4 OF OPERATIONS below I I E.L. DISEASE- EA EMPLOYEE $1,000,000 - - ------- E.L. DISEASE -POLICY Llk•I1T $1,009 �{]Q{I -- — __._ I - _ DESCRIPTION OF OPERATIONS 7 LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) Project Name: City of Milton Conceptual Design for the Intersection of Hopewell Road and Bethany BendlWay GS&P Project No. 19258.48 Any person or organization is included as an Additional Insured with respect to General Liability for Bodily Injury, Property Damage or Personal and Advertising Injury caused, in whole or in part, by acts or (See Attached Descriptions) CERTIFICATE HOLDER CANCELLATION City of Milton City Manager SHOULD ANY OF THE ABOVE DESCRIBE[) POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 13000 Deerfield Parkway ACCORDANCE WITH THE POLICY PROVISIONS. Suite 107F AUTHORIZED REPRESENTATIVE Milton, GA 30004 © 1988-2010 ACORD CORPORATION. All rights reservej, ACORD 25 {2010)05] 1 of 2 The ACORD name and logo are registered marks of ACORD #5243471 f M227409 J SC DESCRIPTIONS (Continued from Page 1) )missions or the acts or omissions of those acting on behalf of the Named Insured in the performance of :mgoing operations; in connection with premises owned by or rented to the Insured; or in connection with nsured's work and included within the Products -Completed Operations hazard, but only if the written ;ontract or agreement requires the insured to provide this coverage to the Additional Insured. 3eneral Liability is primary and non-contributory to any insurance carried by the person or organization, if the written contract or written agreement requires the Famed Insured's General Liability insurance to be primary or primary and non-contributory. If an architect, engineer or surveyor is included as an Additional Insured, this insurance does not apply to the rendering of, or failure to render, professional services by or for the Named Insured. The General Liability Insurer waives any right of recovery it may have against the Additional Insured, when the Named Insured has agreed in a written contract, executed prior to a loss, requiring such waiver and caused in whole or in part by the Named Insured's operations, work, teased premises, or leased equipment. The Workers' Compensation policy includes a Waiver of Subrogation in favor of the Certificate Holder only to the extent that the Named Insured performs work under a written contract that requires the Certificate Holder to obtain this agreement from the Insurer, and where permitted by law. The Workers' Compensation policy includes statutory coverage for all states, EXCEPT: Nb, OH, WA and WY. Any person or organization required to be included as Additional Insured for Automobile Liability is included to the extent they qualify as an Insured under the policy. A Waiver of Subrogation is included under Automobile Liability in favor of any person or organization that is required in a written contract, executed prior to a loss, to be provided a Waiver of Subrogation under Automobile Liability. Subject to all of the terms, conditions, exclusions and definitions of the above referenced policies as issued by the carriers). SAGITTA 25.3 (2010105) 2 of 2 #5243471 IM227409 EXHIBIT "D" 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 provided by the City. 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 1 BasickiA PJron lWifientifIcation Number BY: Aut1lo3 ized Officer or Agent Date Gresham, Smith and Partners �n-1 or V1 Lt-�r� SiC�enf Title of Authorized Officer or Agent of Contractor l ty. -� L. rU 1 G U( - Printed Name of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME 4 THIS THE CIDAY OF _ !']p�, , 2012 IAI L I I& k), Notary Public My Commission Expires: ��%%ItIIIir�� BE lyp ��►r ' t • dW In A 9 PUS& coo► .� �_lb .,fr i At CpUN i�`�; STATE OF GEORGIA CITY OF MILTON EXHIBIT "E" 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 ox corporation which is engaged in the physical performance of services under a contract with Gresham, Smith and Partners 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 - 15-75iL4 12A.i-- HEV 1 Basic Pilot Program User Identification Number e, BY: Authorized Officer or Agent Date �e She t' -4-- Assc)rL aj�es Irc Print Subcontractors Name - V�ce- Prete►'� e-rct _ Title of Authorized Officer or Agent of Subcontractor Printed Name of Authorized Officer or Agent SUBSCRIBED AND SWORN .+�+w""""'►� BEFORE ME ON 'PHIS THE �,�'''t4 AND DAY OF J' ;u,� p Rr Notary Public POE300 My Commission Expires: -tet - Zc7 E r''•�Sr; t EXHIBIT "F" SAVE Affidavit By executing this affidavit under oath, and as an applicant for a public benefit, as referenced in O.C.G.A. § 50-36-1, from the City of Milton, the undersigned applicant verifies one of the following with respect to my application for a public benefit: 1) V"' I am a United States citizen. 2) I am a legal permanent resident of the United States. 3) I am a qualified alien or non-immigrant under the Federal Immigration and Nationality Act with an alien number issued by the Department of Homeland Security or other federal immigration agency. My alien number issued by the Department of Homeland Security or other federal immigration agency is: The undersigned applicant also hereby verifies that he or she is 18 years of age or older and has provided at least one secure and verifiable document, as required by O.C.G.A. § 50-36-1(e)(1), with this affidavit. The secure and verifiable document provided with this affidavit can best be classified as: In making the above representation under oath, I understand that any person who knowingly and willfully makes a false, fictitious, or fraudulent statement or representation in an affidavit shall be guilty of a violation of O.C.G.A. § 16-10-20, and face criminal penalties as allowed by such criminal statute. Executed in(city), gnature of Applicant stn+ L. blaaC Printed Name of Applicant SUBSCRIBED AND SWORN BEFORE ME ON THIS THE 1+%DAY OF 2012 , ,►►r►+r11r11 BEH�-�-* fAik 1V TARY PUBLIC •��P••'(ARY� • v My Commission Expires: -¢u., T.[�� f ? 2� % 0 :� - O = �$� = C? �'�.� o\) ��t� 1111111c Recognizing SkillsUSA Charter Day at Cambridge High School WHEREAS, SkillsUSA is the second largest Career Technical Student Organization in the United States, with chapters in all 50 states and some U.S. territories such as Guam, the Philippines, and Puerto Rico; and WHEREAS, The club was formed in 1965 by students and teachers looking to provide leadership to youth looking for jobs in technical professions ; and WHEREAS, SkillsUSA trains students in specific technical skills as well as soft skills critical to the local and state economy; and WHEREAS, SkillsUSA at Cambridge High School is being chartered by Dr. Tom Washburn and his leadership team consisting of Blake Jones (President) Aumber Sharma (Vice-President), Leocadia Tchouaffe (Treasurer),Gabriella Fleck (Secretary), Curtis Johnson (Reporter) and Brett Warech (Parliamentarian); and WHEREAS, SkillsUSA promotes the enhancement of leadership skills by attending leadership training at the local, state and national level as well as improving leadership skills in all students by hosting leadership events at the school level. By participation in such events, this organization is able to fulfill its motto “Preparing for leadership in the world of work”; and WHEREAS, SkillsUSA is a valuable asset to Cambridge High School and the City of Milton through the support of community and charities; and WHEREAS, SkillsUSA prepares students as lifelong learners and highly skilled workers through competitions and study; and WHEREAS, SkillsUSA at Cambridge High School is supported by state director, Ashley Brown, principal, Dr. Ed Spurka, and advisor, Dr. Tom Washburn. NOW, THEREFORE, we, the Mayor and City Council of the City of Milton, hereby dedi cate Wednesday, Jan. 23, 2013 as SKILLS USA CHARTER DAY in the City of Milton, Georgia. Given under our hand and seal of the City of Milton, Georgia on this 23rd Day of January, 2013. (Seal) _______________________ Joe Lockwood Mayor Prepared by the Community Development Department for the Mayor and City Council Meeting on January 23, 2013 1/10/2013 Page 1 of 24 RZ12-16/VC12-06 RZ12-16/VC12-06 PROPERTY INFORMATION ADDRESS 12855 Hopewell Road DISTRICT, LAND LOT 2/2 1108, 1109 OVERLAY DISTRICT Northwest Fulton EXISTING ZONING AG-1 (Agricultural) PROPOSED ZONING NUP (Neighborhood Unit Plan) ACRES 6.931 EXISTING USE One single family residence PROPOSED USE 29 Single Family Residential Units PETITIONER Beazer Homes - Steve Check ADDRESS 6755 Shiloh Road East, Suite 101 Alpharetta, GA 30005 770-781-0617 REPRESENTATIVE Nathan V. Hendricks III PHONE 404-255-5161 INTENT To rezone from AG-1 (Agricultural) to NUP (Neighborhood Unit Plan) to develop 29 single family detached homes on 6.931 acres at an overall density of 4.18 units per acre. The applicant is requesting the following two part concurrent variance: 1) Reduce the periphery setback from 40 feet to 25 feet along the east and north property lines and 7 feet along the south property line (Sec 64-921(i)). 2) To allow sidewalks along only one side of the street on the interior of the development (Sec 64-2393). Prepared by the Community Development Department for the Mayor and City Council Meeting on January 23, 2013 1/10/2013 Page 2 of 24 RZ12-16/VC12-06 COMMUNITY DEVELOPMENT RECOMMENDATION – DECEMBER 19, 2012 RZ12-16 – APPROVAL CONDITIONAL VC12-06 – PART 1 – DENIAL ALONG THE EAST PROPERTY LINE VC12-06 PART 1 – APPROVAL ALONG THE SOUTH AND NORTH PROPERTY LINES VC12-06 PART 2 – DENIAL PLANNING COMMISSION RECOMMENDATION – DECEMBER 19, 2012 RZ12-16 – DENIAL (7-0) VC12-06 – PARTS 1 AND 2 - DENIAL (7-0) At the Planning Commission meeting, there were ten residents who spoke in opposition to the proposed rezoning. The Planning Commission recommended denial based on the proposed 4.16 units per acre which is higher than the surrounding single family subdivisions in the area. Staff notes that during the applicant’s presentation, they asked that the minimum heated floor area be increased in the Recommended Conditions from 2,000 square feet to 2,700 square feet. This has been reflected in the Recommended Conditions. The applicant was in agreement with Staff’s Recommended Conditions with the exception of 3j and 3k requiring rear loaded, alley access lots for lots 20 through 29 and construction of sidewalks for both sides of the streets for the entire development, respectively. The applicant was also in agreement to provide the required 40 foot periphery building setback along the east property line which was included in VC12-06, Part 1. Prepared by the Community Development Department for the Mayor and City Council Meeting on January 23, 2013 1/10/2013 Page 3 of 24 RZ12-16/VC12-06 LOCATION MAP Prepared by the Community Development Department for the Mayor and City Council Meeting on January 23, 2013 1/10/2013 Page 4 of 24 RZ12-16/VC12-06 CURRENT ZONING MAP Prepared by the Community Development Department for the Mayor and City Council Meeting on January 23, 2013 1/10/2013 Page 5 of 24 RZ12-16/VC12-06 GA 400/HWY 9 LCI PLANNING STUDY Transition Area Low Scale Primarily residential (likely senior, attached, and small lot single family) with limited neighborhood serving retail office Maintain lower scale development with appropriate buffers to residential neighborhoods Encourage linear paths along roadways Limit setbacks from Hwy 9 where practical Require parking lot and right of way landscaping Prepared by the Community Development Department for the Mayor and City Council Meeting on January 23, 2013 1/10/2013 Page 6 of 24 RZ12-16/VC12-06 SITE PLAN SUBMITTED ON NOVEMBER 6, 2012 Prepared by the Community Development Department for the Mayor and City Council Meeting on January 23, 2013 1/10/2013 Page 7 of 24 RZ12-16/VC12-06 LOOKING WEST FROM THE SITE (VICKERY CREST S/D) Prepared by the Community Development Department for the Mayor and City Council Meeting on January 23, 2013 1/10/2013 Page 8 of 24 RZ12-16/VC12-06 LOOKING SOUTH FROM THE SITE (ALPHARETTA) Prepared by the Community Development Department for the Mayor and City Council Meeting on January 23, 2013 1/10/2013 Page 9 of 24 RZ12-16/VC12-06 LOOKING EAST FROM THE SITE LOOKING SOUTHWEST FROM THE SITE Prepared by the Community Development Department for the Mayor and City Council Meeting on January 23, 2013 1/10/2013 Page 10 of 24 RZ12-16/VC12-06 Existing uses and zoning of nearby property Location Parcel / Zoning Petition Zoning / Name Approved Density/Min. Heated Floor Area North 1 AG-1 (Agricultural) Single Family Residence 1 u/a North 2 RZ95-21 R-3 (Single Family Residential) Hopewell Place 2 u/a 1,800 s.f. Further North 3 RZ03-122/ RZ03-41 R-3 (Single Family Residential) Milton Place Subdivision (Under Development) 1.64 u/a 2,750 s.f. 1.67 u/a 2,750 s.f. East 4 RZ98-81 CUP(Community Unit Plan) Southfield Subdivision 2.5 u/a 1,700 s.f. Further East 5 RZ93-75 (City of Alpharetta) R-15 (Single Family Residential) Gatewood Subdivision 2.92 u/a 1,400 s.f Further Southeast 6 RZ88-84 M-1 (Light Industrial) Self Storage 13,757 s.f./acre 2 stories Further Southeast 7 (City of Alpharetta) C-2 (Commercial) Undeveloped N/A Southeast 8 (City of Alpharetta) C-2 (Commercial) Senior Living Facility with 133 units (Under Development) 3.98 acres Further South 9 (City of Alpharetta) R-8A Orchards at Hopewell Subdivision 5.51 u/a West 10 AG-1 (Agricultural) Scattered Single Family Residences 1 u/a Northwest 11 RZ04-144/ RZ05-135 CUP (Community Unit Plan) Vickery Crest Subdivision Under Development 1 u/a Min 18,000sq.ft. lots / 2,500 s.f. 1.88 u/a Min 15,000 sq.ft. lots/ 2,500 s.f. Prepared by the Community Development Department for the Mayor and City Council Meeting on January 23, 2013 1/10/2013 Page 11 of 24 RZ12-16/VC12-06 EXISTING USES LOCATION MAP Prepared by the Community Development Department for the Mayor and City Council Meeting on January 23, 2013 1/10/2013 Page 12 of 24 RZ12-16/VC12-06 SUBJECT SITE AND BACKGROUND: The subject site contains 6.931 acres. It is developed with a single family residence zoned AG-1 (Agricultural) that will be demolished for the proposed development. The site is located within the “Transition” designation of the GA 400/Hwy 9 Master Plan Livable Centers Initiative (LCI). The applicant is requesting a rezoning to NUP (Neighborhood Unit Plan) to develop 29 single family residences at an overall density of 4.18 units per acre. In addition, the applicant is requesting a two part concurrent variance to reduce the perimeter setback for a NUP from 40 feet to 25 feet along the east and north property lines and 7 feet along the south property line. The second request is to allow sidewalks along only one side of the street on the interior of the development. SITE PLAN ANALYSIS Based on the applicant’s site plan submitted to the Community Development Department on November 6, 2012, Staff offers the following considerations: DEVELOPMENT STANDARDS – SEC. 64-921 NUP (Neighborhood Unit Plan) Development Standards Proposed Development No building shall exceed 40 feet in height None indicated Minimum lot area per unit shall be 4,000 square feet The minimum lot size shown is 5,000 square feet Minimum NUP development size shall be four acres and Maximum NUP size shall be twelve acres The NUP development size is 6.931 acres Maximum density allowed is 5 units per gross acre The density of the subject site is 4.18 units per acre Minimum lot width (at building line) per conditions 52 feet Minimum development frontage shall be 35 feet Exceeds the minimum Minimum lot frontage shall be 20 feet adjoining a street 52 feet Minimum heated floor area per unit shall be 1,000 square feet 2,000 square feet (Revised to 2,700 sq.ft.) Prepared by the Community Development Department for the Mayor and City Council Meeting on January 23, 2013 1/10/2013 Page 13 of 24 RZ12-16/VC12-06 Minimum perimeter setback for the entire development shall be 40 feet – 25 feet along east and north property line and 7 feet along south and property line (Applicant has asked for Concurrent Variance for these property lines.) The following are proposed building setbacks for individual lots (NUP allows for applicant to specify building setbacks): a) Front yard setback – 10 feet b) Side yard setback – 0-7 feet with 14 feet minimum between structures c) Side yard setback adjacent to a street – 7 feet d) Rear yard- 15 feet Staff recommends that lots numbered 20 through 29 be alley accessed lots. This type of design will further create a walkable, village type community that will provide an alternative subdivision design for the area where there are typical suburban single family designs. This requirement will be included in the recommended conditions. Part 1 of VC12-06 - Reduce the periphery setback from 40 feet to 25 feet along the east and north property lines and 7 feet along the south property line (Sec 64-921(i)) In regards to the request to reduce the periphery setback along the east property line adjacent to the existing subdivision, the applicant has not submitted credible evidence that: 1) Relief, if granted, would not offend the spirit or intent of this zoning ordinance and 2) There are such extraordinary and exceptional situations or conditions pertaining to the particular piece of property that the literal or strict application of this zoning ordinance would create an unnecessary hardship due to size, shape or topography or other extraordinary and exceptional situations or conditions not caused by the applicant. Therefore, Staff recommends DENIAL of Part 1 - VC12-06 along the east property line. The applicant has also requested that the periphery setback along the south property line be reduced from 40 feet to 7 feet and the north property line to 25 feet. Staff notes that the adjacent property to the south is within the City of Milton, but has been designated as a no access easement with a minimum width of 50 feet and increasing in width going to the east. This property is owned by the Hopewell Road Properties, LLC which is under development for the senior living facility within the City of Alpharetta. In regards to the north property line, Prepared by the Community Development Department for the Mayor and City Council Meeting on January 23, 2013 1/10/2013 Page 14 of 24 RZ12-16/VC12-06 there is a small strip of land adjacent to the entrance to Southfield that is a part of a lot within that subdivision. There are no improvements on this portion of the parcel and appears as though the applicant’s property abuts the Southfield subdivision access road. Based on these facts, 1) Relief, if granted, would not offend the spirit or intent of this zoning ordinance and 2) There are such extraordinary and exceptional situations or conditions pertaining to the particular piece of property that the literal or strict application of this zoning ordinance would create an unnecessary hardship due to size, shape or topography or other extraordinary and exceptional situations or conditions not caused by the applicant. Therefore, Staff recommends APPROVAL CONDITIONAL of Part 1 – VC12-06 along the south and north property lines. LANDSCAPE STRIPS AND BUFFERS The proposed development shall comply with Article III, Tree Preservation and Administrative Guidelines within the Zoning Ordinance, Sec. 64-237 (g) of the Zoning Ordinance which states “Unless otherwise specified, lots developed with single-family detached dwelling units are not required to provide landscape areas or zoning buffers”. Staff notes that a 20-foot landscape strip and fencing are required around all detention ponds. The site plan does not indicate the required landscape strip and fencing. The fencing shall be a 6-foot high, five-board equestrian style fence with two inch by four inch welded wire constructed around it. OTHER SITE PLAN CONSIDERATIONS Part 2 of VC12-062 - To allow sidewalks along only one side of the street on the interior of the development (Sec 64-2393). Pursuant to Sec 64-2392 of the Zoning Ordinance requires sidewalk and shall be constructed in accordance with the Department of Public Works standards plans which requires sidewalks on both sides of the street. Within the City Code, Chapter 50, Subdivisions, it is required that sidewalks within residential subdivisions be a minimum of 5 feet in width and a minimum 2 foot beauty strip between the sidewalk and the curb. The applicant’s letter of intent states “...to delete sidewalks along one side of the internal streets in order to provide more green space and planting area” although it is Staff’s opinion that sidewalks be provided to both sides of a street to encourage a pedestrian friendly and safe environment for the residents. Accordingly, the applicant has not submitted credible evidence that: 1) Relief, if granted, would not offend the spirit or intent of this zoning ordinance and 2) There are such extraordinary and exceptional Prepared by the Community Development Department for the Mayor and City Council Meeting on January 23, 2013 1/10/2013 Page 15 of 24 RZ12-16/VC12-06 situations or conditions pertaining to the particular piece of property that the literal or strict application of this zoning ordinance would create an unnecessary hardship due to size, shape or topography or other extraordinary and exceptional situations or conditions not caused by the applicant. Therefore, Staff recommends DENIAL of Part 2 - VC12-06. A sidewalk is shown on the site plan along the right-of-way of Hopewell Road. Alpharetta has indicated that the sidewalk adjacent to the senior living facility along Hopewell Road will be provided to the property line of the proposed subdivision. ENVIRONMENTAL SITE ANALYSIS The Environmental Site Analysis (ESA) report is sufficient and satisfies the requirement of Section 64.2126. A field survey of the site was conducted by Staff to verify areas addressed in the ESA report. The proposed site does not contain wetlands, floodplains, streams, steep slopes, historical sites or sensitive plant and animal species. ARBORIST COMMENTS Site has about 75% tree coverage, mostly that of young pine trees. There are several specimen trees on the site. No state waters were determined to exist. Recompense will be required and appears that all should be able to be placed on the site. Placement and species selected for recompense shall be approved by the city arborist. Additional measures may be required should trees not be provided with adequate growing area. 127.0 Tree Density Units (TDUs) shall be maintained/provided Specimen trees to be preserved or recompensed: 8” dogwood (2) 10” dogwood 27” oak 30” oak (2) CITY OF MILTON FIRE MARSHAL Prepared by the Community Development Department for the Mayor and City Council Meeting on January 23, 2013 1/10/2013 Page 16 of 24 RZ12-16/VC12-06 Based on the width of the pavement curb to curb of 24 feet, no on-street parking will be permitted. Further evaluation of the plan will be made at the time of the Land Disturbance Permit application. PUBLIC WORKS DEPARTMENT Subdivision regulations require a minimum of a 100' radius at the centerline of all curves. The curve near the stormwater facility does not appear to meet that standard. FULTON COUNTY BOARD OF EDUCATION Prepared by the Community Development Department for the Mayor and City Council Meeting on January 23, 2013 1/10/2013 Page 17 of 24 RZ12-16/VC12-06 FINANCIAL MODELING RESULTS Prepared by the Community Development Department for the Mayor and City Council Meeting on January 23, 2013 1/10/2013 Page 18 of 24 RZ12-16/VC12-06 PUBLIC INVOLVEMENT On November 28, 2012 the applicant was present at the Community Zoning Information Meeting (CZIM) held at the Milton City Hall. There were twelve residents from the community in attendance. Public Comments – Staff has received several e-mails regarding this development which are included at the end of the report. PUBLIC PARTICIPATION REPORT The applicant submitted their report to the Community Development Department on December 7, 2012. There were four residents who attended the Public Participation Meeting held on December 5, 2012 at the Kroger Meeting Room on Hwy 9. The only concern the residents voiced was the concurrent variance to reduce the periphery setback from 40 feet to 25 feet. The applicant will be revisiting this issue to see if the setback can be increased. CITY OF MILTON DESIGN REVIEW BOARD COURTESY REVIEW – DECEMBER 4, 2012 Comments: Why are you requesting sidewalks only on one side for internal streets? Standards of Review (Section 64-2104) Planning Staff shall, with respect to each zoning application, investigate and make a recommendation with respect to factors 1 through 7, below, as well as any other factors it may find relevant. 1. Whether or not the proposal will permit a use that is suitable in view of the use and development of adjacent and nearby Property? The proposed 29 lot single family residential subdivision developed at a density of 4.18 units per acre provides a transition from the south with the senior living facility under development within the City of Alpharetta toward the medium density single family residential to the north and east at 2 units per acre and 2.5 units per acre respectively. It is Staff’s opinion that the proposed use is suitable with adjacent and nearby developments and zonings if approved with Staff’s recommended conditions. Prepared by the Community Development Department for the Mayor and City Council Meeting on January 23, 2013 1/10/2013 Page 19 of 24 RZ12-16/VC12-06 2. Whether or not the proposal will adversely affect the existing use or usability of adjacent or nearby property? It is Staff’s opinion that the proposal will not adversely affect existing use or usability of the adjacent properties as described above. The proposed development provides a transition between the existing densities and uses. 3. Whether the property to be affected by the proposal has a reasonable economic use as currently zoned? The subject site may have a reasonable use currently zoned AG-1 (Agricultural). 4. Whether the proposal will result in a use which will or could cause an excessive or burdensome use of existing streets, transportation facilities, utilities or schools? Staff does not anticipate a significant impact on public services or utilities. Comments from the Fulton County Board of Education are included in the report as it relates to the estimated number of new students for the proposed rezoning which will have an impact on the elementary and middle schools. The applicant will be required to provide the transportation improvements listed in the recommended conditions. These improvements will help ameliorate the increased amount of traffic created by the proposed development. 5. Whether the proposal is in conformity with the policies and intent of the land use plan? GA 400/Hwy 9 LCI Planning Study: Transition Proposed use/density: Single Family Residential at 4.18 units per acre The GA 400/Hwy 9 LCI Planning Study approved by the Mayor and City Council on April 23, 2012 suggests “Transition” for the subject site and the properties to the east to the north, south, and west. The proposed NUP (Neighborhood Unit Plan) development conforms to the suggested policies and intent of the GA 400/Hwy 9 LCI Plan as described in the Prepared by the Community Development Department for the Mayor and City Council Meeting on January 23, 2013 1/10/2013 Page 20 of 24 RZ12-16/VC12-06 graphic below if developed with the recommended conditions. Prepared by the Community Development Department for the Mayor and City Council Meeting on January 23, 2013 1/10/2013 Page 21 of 24 RZ12-16/VC12-06 6. Whether there are other existing or changed conditions affecting the use and development of the property which gives supporting grounds for either approval or disapproval of the proposal? The proposed development provides a transition in densities from the south to the north. If developed with the recommended conditions, it is consistent with the GA 400/Hwy 9 LCI Planning Study recommendation of “Transition” for the subject site. “Transition” is also recommended to the south and east of the subject site. Based on these facts, it is grounds to recommend approval for the proposed NUP (Neighborhood Unit Pan) if developed with the recommended conditions. 7. Whether the zoning proposal will permit a use which can be considered environmentally adverse to the natural resources, environment and citizens of the City of Milton? The proposed use will not be environmentally adverse to the natural resources, environment and citizens of the City due to the required development regulations as it pertains to stormwater facilities and tree recompense and landscape requirements. CONCLUSION The proposed 29 lot single family subdivision, if developed with the recommended conditions, is consistent with the GA400/SR 9 LCI Planning Study’s suggestion for “Transition”. Therefore, Staff recommends APPROVAL CONDITIONAL of RZ12-16 to rezone from AG-1(Agricultural) to NUP (Neighborhood Unit Plan). Staff recommends DENIAL of VC12-16, Part 1, along the east property line and APPROVAL CONDITIONAL along the south and north property lines. In addition, Staff recommends DENIAL of VC12-16, Part 2. Prepared by the Community Development Department for the Mayor and City Council Meeting on January 23, 2013 1/10/2013 Page 22 of 24 RZ12-16/VC12-06 RECOMMENDED CONDITIONS If this petition is approved by the Mayor and City Council, the rezoning of property located at 12855 Hopewell Road with a frontage of 790.86 feet it should be approved for NUP (Neighborhood Unit Plan) CONDITIONAL subject to the owner’s agreement to the following enumerated conditions. Where these conditions conflict with the stipulations and offerings contained in the Letter of Intent, these conditions shall supersede unless specifically stipulated by the Mayor and City Council. 1) To the owner’s agreement to restrict the use of the subject property as follows: a) Single family detached dwellings and accessory uses and structures. b) No more than 29 total dwelling units at a maximum density of 4.18 units per acre, whichever is less, based on the total acreage zoned. Approved lot/unit totals are not guaranteed. The developer is responsible through site engineering (at the time of application for a Land Disturbance Permit) to demonstrate that all lots/units within the approved development meet or exceed all the development standards of the City of Milton. The total lot/unit yield of the subject site shall be determined by this final engineering. 2) To the owner’s agreement to abide by the following: a) To the site plan received by the Community Development Department on November 6, 2012. Said site plan is conceptual only and must meet or exceed the requirements of the Zoning Ordinance, all other applicable city ordinances and these conditions prior to the approval of a Land Disturbance Permit. Unless otherwise noted herein, compliance with all conditions shall be in place prior to the issuance of the first Certificate of Occupancy. b) All areas which are not part of an individual lot and held in common shall be maintained by a mandatory homeowners association, whose proposed documents of incorporation shall be submitted to the Director of Community Development for review and approval prior to the recording of the first final plat. Prepared by the Community Development Department for the Mayor and City Council Meeting on January 23, 2013 1/10/2013 Page 23 of 24 RZ12-16/VC12-06 3) To the owner’s agreement to the following site development considerations: a) The minimum lot size - 5,000 square feet b) Minimum lot width (at building line) – 52 feet c) Minimum heated floor area per unit – 2,700 square feet d) Minimum perimeter setback along the south property line – 7 feet (VC12-16, Part 1) e) Minimum perimeter setback along the north property line – 25 feet (VC12-16, Part 1) f) Front yard setback – 10 feet g) Side yard setback – 0-7 feet with 14 feet minimum between structures h) Side yard setback adjacent to a street – 7 feet i) Rear yard- 15 feet j) Lots numbered 20 through 29 on the site plan submitted November 6, 2012 shall be rear loaded, alley access lots. k) Construct sidewalks for both sides of streets for the entire development per City Code Chapter 50, Subdivisions 4) To the owner’s agreement to abide by the following requirements, dedication, and improvements: a) Dedicate at no cost to the City of Milton prior to the approval of a Certificate of Occupancy, sufficient land as necessary to provide the following: i. Provide at least 10.5 feet of right-of-way from the back of curb of all abutting road improvements, along the entire property frontage, as well as allow the necessary construction easements while right-of-way is being improved. 1) Proposed right-of-way shall be located no closer than one foot behind the back of sidewalk. ii. Provide pedestrian improvements along entire property frontage or abutting road improvements, whichever is greater, according to cross sections in Chapter 50 Subdivision Regulations of the City of Milton Code of Ordinances and as approved by the City of Milton Public Works Department. All proposed infrastructure improvements (i.e. sidewalk, curb and gutter, etc…) shall tie to the existing facilities on adjacent Prepared by the Community Development Department for the Mayor and City Council Meeting on January 23, 2013 1/10/2013 Page 24 of 24 RZ12-16/VC12-06 properties as required by the City of Milton Public Works Department. iii. Installation/modification of the following transportation infrastructure according to Chapter 48 Streets, Sidewalks and Other Public Places of the City of Milton Code of Ordinances: 1) NB Right Turn Lane on Hopewell Rd at new access drive 2) SB Left Turn Lane on Hopewell Rd at new access drive 5) To the owner’s agreement to abide by the following: a. The stormwater management facilities shall utilize earthen embankments, where possible. Walled structures are not encouraged. If walled structures are proposed, they must meet the acceptable design standards of the City of Milton Department of Community Development and the Department of Public Works. i. Where side slopes for stormwater management facility are steeper than 4:1 the facility shall have a six foot high, five- board equestrian style fence with two inch by four inch welded wire constructed around it, or equivalent as may be approved by the City of Milton Public Works Department. b. Owner shall be required to develop a stormwater management plan to maintain water quality and rate of runoff to protect neighboring persons and property from damage or loss resulting from excessive stormwater runoff, pollution, soil erosion or deposition upon private property or public streets or water transported silt and debris. Owner shall be required to have an approved stormwater concept plan prior to submission of a land disturbance permit application. A_0 jQJ IME �j, MIN luldlit 4 Urz a �7r (I M fir• ,off4 4� 64 rill t'4L)", ' �'j I Y :1= I f __t� _.� . . . . . . . . . . A& 1^61 urall ��I� ��II � Ig � ibl� �. `ice' ' i vz�, mg j is M. "IN PIK SO-- MR. Tw WE M111 I Is - T OMNI Mau PIN INIMS. IRS mmumf =WWR I WOM 3 M., W.... 1111 W.- ART81. �,16i 1IIH z li I_I ,I p=f= r r I -d II �:� .. .. hl � � T--..� _ • 1 1111110111,1111 M1111 design group Fm ��I� ��II � Ig � ibl� �. `ice' ' i vz�, mg j is M. "IN PIK SO-- MR. Tw WE M111 I Is - T OMNI Mau PIN INIMS. IRS mmumf =WWR I WOM 3 M., W.... 1111 W.- ART81. �,16i 1IIH z li I_I ,I p=f= r r I -d II �:� .. .. hl � � T--..� _ • 1 1111110111,1111 M1111 design group Robyn Macdonald From: Chris Lagerbloom Sent: Wednesday, December 12, 2012 7:58 AM To: Anu Behara; Joe Lockwood; Burt Hewitt; Karen Thurman; Matt Kunz; Bill Lusk; .Joe Longoria; Lance Large; Board of Zoning Appeals; Design Review Board; Planning Commission Cc: Robyn Macdonald Subject: RE: Comments regarding Milton Case # RZ12-16!VC12-06 (12855 Hopewell Road) Mr. and Ms. Behara, Good morning. Thank you for your comments. They will be captured in the staff report we provide to the Mayor and Council as they weigh their decision in this case. Please let me know if you have any questions. Chris Christopher J. Lagerbloom City Manager 13000 Deerfield Parkway, Suite 107A Milton, GA 30004 Office — 678-242-2488 www. city ofmiltonga. us Want to stay on top of what's going on in the City? Sign up for our e -Newsletter! Have a problem, question, comment, complaint or compliment? We avant to hear about it! For prompt assistance, call 678.242.2500 or e-mail us at infoft6tyofmiiton9a.us, From: Anu Behara [mailto:anu.hehara mail.com] Sent: Tuesday, December 11, 2012 1:06 PM To: Joe Lockwood; Chris Lagerbloom; Burt Hewitt; Karen Thurman; Matt Kunz; Bill Lusk; Joe Longoria; Lance Large; Board of Zoning Appeals; Design Review Board; Planning Commission Subject: Comments regarding Milton case # RZ12-16JVC12-06 (12855 Hopewell Road) Mayor. Councilpersons. and members of the Board of Zoning Appeals, Board of Design, and Planning Committee: On November 13, 2012, we received a notice from the City regarding a petition from Beazer Homes (case # RZ12-161VC12-06) to rezone 12855 Hopewell Road from AG -1 to a Neighborhood Unit Plan to develop 29 homes at a density of 4.18 units per acres and, as a concurrent variance, to reduce the setback from 40 feet to 20 feet. In response to the above we had a few concerns and comments...We are at 865 Southfield lane, behind the east side of the property line affected by this petition, we do oppose this rezoning petition.Should the rezoning be granted we do ask that the builder reconsider with a new acceptable plan that makes more sensible use of the space available with much less impact on the current area residents: fewer houses, larger lots, setbacks larger than 40' (as opposed to cutting down on the setback) We are proud to be homeowners/citizens in the City of Milton and we know that the City will make the best decision as far as rezoning this part of land. Thank you for your time and we hope you will consider serious concerns regarding this matter. Sincerely, MuraliKrishna & Anupama Behara 865 Southfield Ln. Milton, GA 30004 Robyn Macdonald From: Jeanette Powers Dean ettegpowers@gmail .corn] Sent: Saturday, December 08, 2012 6:30 PM To: Kathleen Field Cc: Robyn Macdonald Subject: Proposed Beazer Developed along Hopewell Road We are homeowners in the Southfield Subdivision located on Hopewell Road in Alpharetta, and we feel that the proposed Beazer Development along Hopewell Road will bring additional traffic congestion at the corner of Hopewell and Vaughn, in addition to the Cottonwood Estates which is already under construction. It is already difficult to maneuver onto Main Street at the intersection of Vaughn and Main Street, especially during peak hours. In addition, allowing only 25 ft. setback along the eastern border will significantly diminish the quality and value of the existing homes in Southfield; a 40 ft_ setback was understood to be the minimum. An additional 29 homes in this location will creat overcrowding in this area. This is a small community and it would overcrowd the area and the roads needed to be travelled for work and school. We respectfully submit these concerns for your consideration regarding this proposal. Sincerely, Thomas & Jeanette Powers 730 Southfield Lane Alpharetta, GA 30004 Sent from my iPad 1 Robyn Macdonald From: Chris Lagerbloom Sent: Wednesday, December 05, 2012 8.52 AM To: vaidehi dhutia; Joe Lockwood; Burt Hewitt; Karen Thurman; Matt Kunz, Bill Lusk; Joe Longoria; Lance Large Cc: Kathleen Field; Robyn Macdonald Subject: RE: Comments regarding Milton case # R712-161VC12-06 (12855 Hopewell Road) Mr. and Ms. Dhutia, Good morning. Thank you for your comments. We have them captured and they will be included in our staff report on this case as it moves forward toward a decision by the Mayor and Council. Please let me know if you have any questions. Chris city Of XI Christopher J. Lagerbloom City Manager 13000 Deerfield Parkway, Suite 107A Milton, GA 30004 Office — 678-242-2488 www. city ofmiitonga. gas Want to stay on top of what's going on in the City? Sign up for our e -Newsletter! Have a problem, question, comment, complaint or compliment? We want to hear about it! For prompt assistance, call 678.242.2500 or e-mail us at info(cDcityofmi[tong a.us. .. ........ From: vaidehi dhutiaEmailto:rnitasvaidehil,&yahoo.com] Sent: Monday, December 03, 2012 11:09 PM To: Joe Lockwood; Chris Lagerbloom; Burt Hewitt; Karen Thurman; Matt Kunz; Bill Lusk; Joe Longoria; Lance Large; Board of Zoning Appeals; Design Review Board; Planning Commission Subject: Comments regarding Milton case # RZ12-15/VC12-06 (12855 Hopewell Road) Dear Mayor, Councilpersons, and members of the Board of Zoning Appeals, Board of Design, and Planning Committee: We are writing this to share with you our dissapointment and disapproval of the petion from Beazer Homes (case # RZ12-16NC12-48) to rezone 12855 Hopewell Road from AG -1 to a Neighborhood Unit Plan to develop 29 homes at a density of 4.18 units per acres and, as a concurrent variance to reduce the setback form 46 feet to 26 feet. We believe that the City of Milton provides a high quality of life, and growth based on "quality" developments. Our family and our neighbourhood prides on that "quality" of the City of Milton. The proposed 29 homes in the small parcel of land and to cut the setback by 40% is in no way reflective of this quality that the City provides. We strongly oppose this petition and request that the City reject the rezoning petition, until a better proposal is offered to them which will satisfy the residents of Milton. Sincerely, Sanjay and Mita Dhutia 855 Southfield Ln. Milton, GA 30004 Robyn Macdonald From: Chris Lagerbloom Sent: Wednesday, December 05, 2012 8:41 AM To: jimlawlor@comcast.net Cc: Elected Officials; Robyn Macdonald; Kathleen Field Subject: RE: 29 Homes on Hopewell Mr. Lawler, Good morning. Thank you for your comments and for being involved. I am copying this email to the Mayor and Council and your remarks will be captured in our staff report as well. Please let me know if you have any questions as this moves forward toward a decision. Chris " r Giay of VAM. Christopher J. Lagerhloorn City Manager 13000 Deerfield Parkway; Suite 107A Milton, GA 30004 Office — 678-242-2488 www.cit ofmilton a.us Want to stay on top of what's going on in the City? Sign up for our e-Newsletterl Have a problem, question, comment, complaint or compliment? We truant to hear about it! For prompt assistance, call 678.242.2500 or e-mail us at infoAcityofmiltonga us. From; jimlaw1or2comcast.nei [ma ilto:jimlawlorCcbcomcast.net] Sent: Wednesday, December 05, 2012 8:22 AM To: Chris Lagerbloom Subject: 29 Homes on Hopewell Chris, As a resident of the Southfield neighborhood (900 Southfield Lane), I attended last weeks meeting concerning the building of a neighborhood that will consist of 29 homes built on what amounts to less than a 7 acre plot. While I feel like this density goes completely against everything that I thought the City of Milton desired from their vision, I am more concerned with the fact that the builder seems to want to make us believe that the encroachment to the backs of our property will be minimal. When I built and bought in the neighborhood some 10 112 years ago, the desire and ability to look at "woods" was one of the main attracitons to the area to myself and wife. To allow the builder to what is in essence get his "variance" and build some 25 feet from my back yard is unacceptable. When 1 asked the lead project manager (who claims he too lives in Milton) if he either A) looks at someone directly in his back yard or 6} would desire to look at someone in his back yard, he was non-responsive as he too, moved to and lives in this part of N. Fulton county for the same reason as I moved here over 10 years ago. I'm not saying for them to not build something to help with our tax basis, but how about 18-20 homes and not only not encroach on our "entrance driveway" to the subdivision, the back yards of the property owners currently in Southfield, but Hopewell Road itself. Greed is driving the desire to cram 29 homes in such a small space, taking up every bit of privacy that we currently have. Respectfully, Jim Lawlor 900 Southfield Lane Milton, GA. 30004 770-442-8996 If you could as well forward this to the rest of the Milton City Council..... Thanks Robyn Macdonald From: Frangois Coulombe [francols.coulombe@gmail.com] Sent: Tuesday, December 04, 2612 7:32 PM To: Chris Lagerbloom Cc: Joe Lockwood; Burt Hewitt; Karen Thurman; Matt Kunz; Bill Lusk; Joe Longoria; Lance Large: Robyn Macdonald; Kathleen Field Subject: Re: Comments regarding Milton case # RZ12-16NC12-06 (12855 Hopewell Road) Chris, Thanks for the acknowledgement. All we can ask is that our serious concerns be conveyed and given due consideration in the decision process. We appreciate your confirmation that they are, and are hopeful that the City will stand for with it is rightfully known for: sensible and smart development. Regards, Francois Coulombe & Anita Karve On Dec 4, 2012, at 7:12 PM, Chris Lagerbloom <C:hris.Lagerbloom cityofiniItonga.Lis> wrote: Francois, Good evening. My apologies. Information moves so fast these days. Yes, staff has your comments captured and they will be a part of our report to the Mayor and Council. Thank you so much for being involved. Chris Frangois Coulombe <francois.couiomb0gmail.com> wrote: The comments below were sent 5 days ago to City of Milton people who are, I believe, involved in the decision-making process for case # RZ12-16IVC12-06 To date, I have not received any type of acknowledgement of receipt, and confirmation that the feedback is being considered by the powers -that be in the decision process. Can you confirm that it has been received and is being provided to, and considered by, those who will make decisions regarding that case? attended the design review board meeting tonight and while I am hopeful that comments received such as mine are being considered, I did not hear any questions or concern from the Board, to the developer, that indicate that the comments/concerns received are being reviewed or seriously considered. Perhaps the comments and opinions provided by residents are being considered later in the process. Hopefully, that is the case Sincerely, Francois On Thti, Nov 29, 2012 at 3:09 PM, )~ran�ois Coulornbe <lrancois.couloII7be'_i ;'rnail.com> w=rote: Mayor, Councilpersons, and members of the Board of Zoning Appeals, Board of Design, and Planning Committee: On November 13, 2012, we received a notice from the City regarding a petition from Beazer Homes (case # RZ12-161VC12-06) to rezone 12855 Hopewell Road from AG -1 to a Neighborhood Unit Plan to develop 29 homes at a density of 4.18 units per acres and, as a concurrent variance, to reduce the setback from 40 feet to 20 feet. We also attended the Community Zoning information meeting held on November 28, and plan to attend upcoming meetings on this case. Our residence is at 890 Southfield Lane, directly behind the east side of the property line affected by this petition, so it should come as no surprise that we strongly oppose the rezoning petition from the developer; and should it be granted, we oppose any decrease to the current setback. The City of Milton prides itself, rightfully so, on its quality of life, controlled development, slow growth, rural feel, and having a very sensible approach to development. The plan and request presented by Beazer Homes goes against everything that Milton represents and stands for. Squeezing 29 homes in a sliver of land situated between a well -traveled road, an established neighborhood, and a retirement home with almost 120 units is anything but a sensible approach to development. In fact, it's so far from sensible that to properly squeeze this medium -density development, it has been deemed necessary by the developer to cut the setback by 40%. This is not what the residents directly on the property line bargained for, or expected, when they purchased homes and moved in the Southfield neighborhood. And we'd surmise that this is not in line with what Milton residents expect from their City. Our suggestion is that the City reject the rezoning petition. Not all parcels of land in Milton need to be developed. If the City feels that it is imperative that this relatively small piece of land be a residential area, we suggest that it rejects the rezoning petition and requires the developer to present, for evaluation and review by the City and citizens, a new, acceptable plan that makes more sensible use of the space available with much less impact on the current area residents. fewer houses, larger lots, setbacks larger than 40' (as opposed to cutting down on the setback), etc. Thank you for taking into consideration our serious concerns regarding this matter. Sincerely, Frangois Coulombe and Anita Karve 890 Southfield Ln. Milton, GA 34004 Robyn Macdonald From: Chris Lagerbloom Sent: Tuesday, December 04, 2012 7:14 PM To: Francois Coulombe Cc: Joe Lockwood; Burt Hewitt; Karen Thurman: Matt Kunz; Bill Lusk; Joe Longoria, Lance Large; Robyn Macdonald; Kathleen Field Subject: Re: Comments regarding Milton case # RZ12-16NC12-06 (12855 Hopewell Road) Francois, Good evening. My apologies. Information moves so fast these days. Yes, staff has your comments captured and they will be a part of our report to the Mayor and Council. Thank you so much for being involved Chris Frangois Coulombe <francois.coulombe mail_com> wrote: The comments below were sent 5 days ago to City of Milton people who are, I believe, involved in the decision-making process for case # RZ12-161VC12-06. To date, I have not received any type of acknowledgement of receipt, and confirmation that the feedback is being considered by the powers -that be in the decision process. Can you confirm that it has been received and is being provided to, and considered by, those who will make decisions regarding that case? I attended the design review board meeting tonight and while I am hopeful that comments received such as mine are being considered, I did not hear any questions or concern from the Board, to the developer, that indicate that the comments/concerns received are being reviewed or seriously considered. Perhaps the comments and opinions provided by residents are being considered later in the process. Hopefully, that is the case Sincerely, Francois On Thu, Nov 29, 2012 at 3:09 PM, Pran�ois Coulombe cfrancois.coulomben mail.com> wrote: Mayor, Councilpersons, and members of the Board of Zoning Appeals, Board of Design, and Planning Committee: On November 13, 2012, we received a notice from the City regarding a petition from Beazer Homes (case # RZ12- 16NC12-06) to rezone 12855 Hopewell Road from AG -1 to a Neighborhood Unit Plan to develop 29 homes at a density of 4.18 units per acres and, as a concurrent variance, to reduce the setback from 40 feet to 20 feet. We also attended the Community Zoning information meeting held on November 28, and plan to attend upcoming meetings on this case. Our residence is at 890 Southfield Lane, directly behind the east side of the property line affected by this petition, so it should come as no surprise that we strongly oppose the rezoning petition from the developer, and should it be granted, we oppose any decrease to the current setback. The City of Milton prides itself, rightfully so, on its quality of life, controlled development, slow growth, rural feel, and having a very sensible approach to development. The plan and request presented by Beazer Homes goes against everything that Milton represents and stands for. Squeezing 29 homes in a sliver of land situated between a well -traveled road, an established neighborhood, and a retirement home with almost 120 units is anything but a sensible approach to development. In fact, it's so far from sensible that to properly squeeze this medium -density development, it has been deemed necessary by the developer to cut the setback by 40W This is not what the residents directly on the property line bargained for, or expected, when they purchased homes and moved in the Southfield neighborhood. And we'd surmise that this is not in line with what Milton residents expect from their City. Our suggestion is that the City reject the rezoning petition. Not all parcels of land in Milton need to be developed. If the City feels that it is imperative that this relatively small piece of land be a residential area, we suggest that it rejects the rezoning petition and requires the developer to present, for evaluation and review by the City and citizens, a new, acceptable plan that makes more sensible use of the space available with much less impact on the current area residents: fewer houses, larger lots, setbacks larger than 40' (as opposed to cutting down on the setback), etc. Thank you for taking into consideration our serious concerns regarding this matter. Sincerely, Frangois Coulombe and Anita Karve 890 Southfield Ln_ Milton, GA 34004 Robyn Macdonald From: Chris Lagerbloom Sent: Sunday, December 02, 2012 9:42 AM To: Madhur Jain; Joe Lockwood; Burt Hewitt; Karen Thurman; Matt Kunz; Bill Lusk; Joe Longoria; Lance Large Cc: Robyn Macdonald Subject: RE: Comments regarding Milton case # RZ12-161VC12-06 (12855 Hopewell Road) Mr. and Ms. Jain, Good morning. Thank you for your comments. We will capture them and they will become a part of our staff report to the Mayor and Council. Please let me know if you have any questions. Chris Christopher J. Lagerbloom City of Milton City Manager From: Madhur Jain [ejainm@yahoo.com] Sent: Friday, November 30, 2012 2:05 PM To: Joe Lockwood; Chris Lagerbloom; Burt Hewitt; Karen Thurman; Matt Kunz; Bill Lusk; Joe Longoria; Lance Large; Board of Zoning Appeals; Design Review Board; Planning Commission Subject: Comments regarding Milton case # RZ12-161VC12-06 (12855 Hopewell Road) Mayor, Councilpersons, and members of the Board of Zoning Appeals, Board of Design, and Planning Committee: On November 13, 2012, we received a notice from the City regarding a petition from Beazer Homes (case #RZ12-16/VC12-06) to rezone 12855 Hopewell Road from AG -1 to a Neighborhood Unit Plan to develop 29 homes at a density of 4.18 units per acres and, as a concurrent variance, to reduce the setback from 40 feet to 20 feet. our residence is at 940 Southfield Lane, directly behind the east side of the property line affected by this petition, so it should come as no surprise that we strongly oppose the rezoning petition from the developer, and should it be granted, we oppose any decrease to the current setback. The City of Milton prides itself, rightfully so, on its quality of life, controlled development, slow growth, rural feel, and having a very sensible approach to development. The plan and request presented by Beazer Homes goes against everything that Milton represents and stands for. Squeezing 29 homes in a sliver of land situated between a well -traveled road, an established neighborhood, and a retirement home with almost 120 units is anything but a sensible approach to development. In fact, it's so far from sensible that to properly squeeze this medium - density development, it has been deemed necessary by the developer to cut the setback by 40%. This is not what the residents directly on the property line bargained for, or expected, when 1 they purchased homes and moved in the Southfield neighborhood. And we'd surmise that this is not in line with what Milton residents expect from their City. Our suggestion is that the City reject the rezoning petition. Not all parcels of land in Milton need to be developed. If the City feels that it is imperative that this relatively small piece of land be a residential area, we suggest that it rejects the rezoning petition and requires the developer to present, for evaluation and review by the City and citizens, a new, acceptable plan that makes more sensible use of the space available with much less impact on the current area residents: fewer houses, larger lots, setbacks larger than 40' (as opposed to cutting down on the setback), etc. Thank you for taking into consideration our serious concerns regarding this matter. Sincerely, Madhur and Meena ]ain 940 Southfield Ln. Milton, GA 30004 2 Robyn Macdonald From: G Hudgins [geraldhudgins@att.net] Sent: Wednesday, November 21, 2012 9:47 AM To: Robyn Macdonald Subject: Comments on Case RZ12-161VC12-06 (Beazer Hames at 12855 Hopewell Road) Hello Robyn, I am out of town on business travel during the week and will likely not be able to attend any of the public meetings in November and December. However, please ensure: that my comments are considered, I live in Vickery Crest Subdvision at 12792 Donegal lane, Milton, GA 30004_ The proposed subdivision by Beazer Homes will be very close to the Vickery Crest neighborhood as well as Milton Place Subdivison. The density requirements of Vickey Crest are on record as follows: VicKgQLQ rest units _perAcre Phase 1 = 1.425 Units/Acre Phase 2 = 1.806 Units/Acre Phase 3 = 0.934 Units/Acre Future Phase = 0.815 Units/Acre All Phases = 1.366 Units/Acre Homes in Vickery Crest range from $450,000 to $750,000 price range and most have approximately 4,000 square feet up to 5,500 square feet. I am opposed to the proposed Beazer Homes development located at 12855 Hopewell Road for the following reasons: I 1. The proposed density of 29 single family homes at 4.18 units per acre is much too dense and does not fit the historical zoning density in the area for Vickery Crest and Milton Place, also located on Hopewell Road. 2. The proposed density will create a number of negative issues for the local area such as excessive water run-off issues and greater traffic entering and exiting Hopewell Road (29 homes x 2.5 cars per home = 73 additional vehicles). 3. Traffic speeds are already too high on Hopewell Road, and crossing Hopewell Road is dangerous for pedestrians. Cars are often traveling at speeds of over 45 mph in this residential area. Adding more homes and cars will only make the traffic in the area of Hopewell Road, Vaughn Drive, and Highway 9 even worse. Pedestrian crosswalks and sidewalks will need to be installed from Vickery Crest up to Vaughn Road to make the area safer for all the residents. Additionally, a trafic light will be needed at Moth ends of Vaughn Drive. 4. The 29 homes will likely be much smaller than homes in Vickery Crest and Milton Place, potentially creating demographic and economic disparities within the immediate area. As noted by mistakes made by Gwinnett County and Henry County commissioners, allowing for such disparities in housing density adjacent (or within walking distance) to other larger, nicer homes, creates problems with traffic flow, crime, property valuations, and watershed issues. Overtime, the zero lot line, cluster homes are more likely to fall into foreclosure, disrepair, and create a public nuisance for local police and area residents. 5. The proposed 29 homes will be within a short walking distance of a Marta stop on Highway 9Naughn Road, further emphasizing the desirability of these homes to persons of lower socio- economic status and impacting the quality of life desired by Milton residents in Vickery Crest and Milton Place. 5. Small, cluster homes within walking distance of Marta will add further strain on the high-quality Milton/Alpharetta school system and resources. Additionally, based on experiences from Gwinnett and Henry Counties, a development such as this will eventually migrate toward frequent police calls, drug and gang violence, and deterioration in the immediate area of Milton. 7. While Milton may see an increased tax base, collectibility of those residential property taxes will be quesionable given socio-economic factors, future foreclosure rates, bankruptcies, etc. 2 7. Lastly, Beazer Homes is a large, publicly traded entity, that cares mainly about their financial return to shareholders. Beazer has no incentive to worry about the impact that their high density neighborhood will have on Milton's socio-economic status, impact on infrastructure, impact on emergency personnel (911, police, fire, and schools). Thank you for considering my views and for preserving the qualities and vision of Milton, GA. To ensure my comments are received and considered, thank you kindly for acknowledging receipt. Sincerely, Gerald Hudgins 12792 Donegal Lane 3 Robyn Macdonald From: KEVIN SOX [box_k@bellsouth.net] Sent: Wednesday, December 19, 2012 4:52 PM To: Robyn Macdonald; Jason Wright Subject: Beazer Rezoning I am one of the 36 homeowners that in Vickery CrestlMilton Place that are opposed to the Beazer Rezoning. It is disappointing that the initial recommendation of approval does not take into consideration any of our concerns. While I understand that this piece of land is zoned as "Transitional", it is inconsistent with the neighboring communities. - Lots Bordering Hopewell Road. In our subdivision, along with all of the others in the general vicinity, any lots that are along hopewell road have a minimum square footage of 1 Acre. This is true for Vickery Crest, Southfield, Milton Place, Hopewell Place - The reasoning given is that this plot of land transitions from "High" Density to "Lower Density", however the majority of the neighborhoods to the South and North are at a much lower density than the proposed neighborhood. If you drive North from Downtown Alpharetta as the road changes from Canton to Hopewell, almost all the lots are much larger/less dense. - There is no Transition considered West in this report. All mentions are for the South and East (which are all in Alpharetta) As stated, our neighborhood (Vickery Crest) was required to have the lots touching hopewell place road to be 1 acre. However, this subdivision will be directly across the street. So, the transition would be to go from 1 acre on the left side of the street to 119th of an acre on the right side of the street. We should not have one side of the street held to one standard, and the other side held to a completely different standard. the LCI study should have taken this into consideration. However, there is a inclusion of properties to the East. However, the inclusion of properties to the east does not make sense as they are not accessed from hopewell road. These are properties that are entered via Hwy 9 or other method. So, why would these be listed? To get to the properties would require going to Hopewell, making a left on vaughan and then taking another left on hwy 9. The roads are clear borders that separate these areas_ You can't go directly East from this property. You can go directly West across the street into our neighorhood which has between 1 and 2 homes per acre. - The zoning for the existing neighborhoods should have clearly set the standard for future development. By requiring one side have all lots 15,000 sq ft plus and acre lots on the road backing up to Hopewell set the standard. Future development should adhere to this. How can we say that it is transitional to go from Low Density to High Density within the matter of feet? (Just by Crossing the road) By putting 1 acre border lots next to 119 acre is not transitional. Our lots and the border lots were zoned for a specific purpose of keeping the feel of Milton. - The neighborhoods that are denser all reside in Alpharetta. The reason that people choose Milton over Alpharetta is that there was an understanding that Milton would limit high density neighborhoods. This is the reason I bought in Milton. I started looking in Alpharetta, but choose Milton after seeing the traffic, congestion etc. - The property that is being used as comparison for high density should is one plot out of the entire hopewell road (and it is in alpharetta). If any of the homeowners had any idea that the High Density Senior Center was going in, it woudl have been opposed as well. So, the "High" Density is a building that is not even complete. The area in consideration should really be up and down hopewell road starting in Milton. There is nothing remotely close to this evel of density on Hopewell Road in Milton. - Adding this density will cause further issues at Hwy 9 and Vaughan. It is already almost impossible to make a left, before the addition of the senior center and this proposed neighborhood. Furthermore, the recently approved apharetta zoning of 1/3rd acre lots will lead to congestion all in the same areas as well. In speaking of the Alpharetta rezoning, many people in alphraretta were upset that these lots were less than an acre. 1 - The wishes of all the neighboring subdivisions need to be considered. From what I can tell, everyone in these surrounding neighborhoods are all opposed to this density at its current proposal. - This will be the first thing people see in Milton driving in. Milton is known for rural feel, lower density. Please read the -following comments on the Alpharetta Zoning_ The voices of the area need to be taken into consideration. http•1lrh)#comm__ents Robvn Macdonald From: Pittman, Jim Upittman@a esitenn.com] Sent: Tuesday, December 18, 2012 3:55 PM To: Robyn Macdonald Subject: OPPOSED TO RZ12-16NC12-66 Dear Robyn Macdonald RE:RZ 12-16IVC 12-06 12855 Hopewell Road Beazer Homes I must speak in vugosition to the above application as it clearly violates several zoning principles of the "Milton Lakes" area and more specifically, Hopewell Road. In addition, it violates "smart" growth policies, zoning standards and aesthetic issues of this area, namely the following: • Violates "transitional" zoning of the area by creating a much higher density subdivision at the "gateway" of Milton on Hopewell Road where one is clearly not warranted based on transitional zoning from either north to south or east to west in Milton ■ OVERALL TRANSITIONAL ZONING EAST OF HOPEWELL ROAD —FROM SOUTH TO NORTH ■ i.Southfield- 2.5 units/acre ■ ii. Hopewell Place 1.66 units/acre-R-3 • iii. Hopewell Close 1.09 units/acre-R-2A ■ Places higher density housing right in the middle of land currently zoned AG -I ...i.e. "spot zoning" ■ Violates the standard of one acre minimum size lots along Hopewell Road by "skirting" this long held zoning standard with an "open common" area in front of the subdivision. ■ Disrupts the aesthetics of the Hopewell Road corridor by stacking NINE homes behind the above mentioned "common area" ■ Violates most of the guidelines set forth in Milton's 2030 Comprehensive Plan on their own website. Namely the following: ■ "Redevelopment of the area to include higher densitymulti -family residential uses should be minimized, and new residential development should primarily match the mix of housing types and styles of established neighhorhoods in this character area." ■ Development should be well designed and blend into existing neighborhoods and buffers should separate more intense areas of development from nearby neighborhoods or other lower intensity areas. New development on the edge of urbanized areas should minimize undesirable impacts on surrounding residential uses. The Milton Lakes character area contains a diversity of residential lot sizes, and future residential development should reflect an average of the current diversity of densities and housing patterns. 1 Enhancements such as scenic corridor overlays and bicycle and pedestrian trail options may augment existing development and mitigate the effects of sprawling development. The area is clearly suited for R-3 zoning or a NUP with a density of 2.5 units/acre or less, based on the sourronding property zoning and lot densities based on previous zoning decisions made by Fulton County Planning and Board of Commissioner decisions regarding transitional zoning along Hopewell Road. I ask you to support me, and other neighbors who I'm sure have voiced their opposition, in our efforts to reject this type of zoning and not set a precedent with higher density land use that could cause a ripple effect on the west side of Hopewell Road. Thank you. Jim Pittman 620 Hopewell Oaks Circle Milton, GA 30004 Hopewell Place subdivision December 13, 2012 Milton City Hall Attn: Milton Planning Commission 13000 Deerfield Parkway Suite 107 Milton, GA 30004 pc@cityofmilton a.us Re: Beazer Homes rezoning request and proposed community at 12855 Hopewell Road Dear Planning Commission Members, Please accept this letter indicating our opposition to the proposed Beazer Homes rezoning request and community on Hopewell Road. The homeowners of Milton Place and Vickery Crest listed below oppose for the following reasons: 1. Inconsistent with Desires of the Community People choose to relocate to Milton specifically for the lower density as well as the overall feel of the community ("country" feel, open spaces, horse farms, trees, etc.). Several of us moved from the east side of Alpharetta into Milton specifically for the lower density and to escape the traffic and congestion. Several of us moved from other parts of Atlanta for the same reasons. A high density community goes against the whole reason that people have moved to the area. This was recently demonstrated by the community uproar in regards to another builder's proposed community off of Mayfield Road. The builder desired to develop 1/3 rd acre lots which was met with heavy opposition from a number of communities. Ultimately, the Alpharetta City Council went against the Alpharetta Planning/Zoning Commission and agreed to the 1/3 rd acre lot size, but it has caused a big stir as a number of citizens felt that the Alpharetta City Council did not represent the desires of the community. Page 1 of 9 2. Traffic We are concerned about the additional traffic the proposed community will cause on Hopewell Road and nearby intersections, such as Vaughn Road and Hopewell Road, Vaughn Road and Hwy 9, Canton Street and Hopewell Road and Canton Street and Hwy 9. Those intersections are already extremely busy and will be getting busier with the completion of the retirement community under construction at the corner of Hopewell Road and Vaughn Road. Adding more traffic will only make congestion worse. 3. Location The location of the proposed community is at an entry point into Milton and near a "Welcome To Milton" sign. We feel it is critical to maintain the overall look and feel of Milton as people enter our community. A high density development does not represent Milton, and putting a high density development right as people cross into Milton gives everyone a first impression that does not represent Milton as it was formed. 4. Property Value Impact We are concerned about the negative impact a high density development will have on the value of our homes. The density of the proposed community is significantly higher than our neighborhoods, as well as the surrounding neighborhoods. Beazer has listed the community density as 4.18 units per acre -- 29 proposed units on 6.931 acres -- slightly less than 0.25 per acre per unit. However, we estimate that once roads, common areas, setbacks, a deceleration lane and water drainage/retention are taken in to consideration (we are estimating 3 acres), the average lot size will actually be closer to 0.14 acre. 6.931 acres — 3 acres of roads, etc. = 3.931 acres. 3.931 acres divided by 29 proposed lots = 0.14 acres per lot, or 6,098 square feet per lot — close to the minimum lot size of 5,000 square feet Beazer has discussed. This is significantly lower than the averages in our neighborhoods -- see below table. Page 2 of 9 Notes: Data pulled on 12/12/12 from Fulton County board of Assessors webpage for hordes listed at the bottom of this letter_ • square footage not avaliabie for 6 of 14 homes - theyare exrWded from square foot average " 2 of 22 homes had no data a vaiiaWe -they are ex€iuded from abiave; of femaining 20 in camp€e, .square footage ,oras not avaiIable cur 11- they are excludL-d from squarefom average """ Stated minimums for lot size and home square footage, our estimate Of average acreage per above 5. Future Development The vacant land across from the proposed Beazer community and adjacent to Vickery Crest is an unknown future risk in our opinion. Additionally, both Milton Place and Vickery Crest have roads that dead end in to vacant adjacent land. Newtown Drive in Milton Place dead ends in to the vacant property to the north, and Donegal Lane in Vickery Crest dead ends in to vacant property to both the south and north. These vacant pieces of property represent the potential for other future high-density communities near, and some actually within, our neighborhoods — additional inconsistencies with the desires of the community, more traffic and decreased desirability of our neighborhoods. Recommendations In order to preserve the look and feel of Milton and more closely match the surrounding neighborhoods, we would request that any potential development in the area have the following attributes: a. Minimum lot size of R-15 (15,000 sq. ft.) (vs. proposed 5,000 sq. ft.) b. Minimum home square footage of 3,000 sq. ft. (vs. proposed 2,000 sq. ft.) Page 3 of 9 9 of Hames in Sample Avg land Sq Ft Avg Acreage Avg ices Sq Ft Milton Place 14 21,562 0.50 3.,744 Vickery Crest 20 18,sw 0.43 4,56E Beazer proposed 29 5,000 0.14 estimated 2,000 Notes: Data pulled on 12/12/12 from Fulton County board of Assessors webpage for hordes listed at the bottom of this letter_ • square footage not avaliabie for 6 of 14 homes - theyare exrWded from square foot average " 2 of 22 homes had no data a vaiiaWe -they are ex€iuded from abiave; of femaining 20 in camp€e, .square footage ,oras not avaiIable cur 11- they are excludL-d from squarefom average """ Stated minimums for lot size and home square footage, our estimate Of average acreage per above 5. Future Development The vacant land across from the proposed Beazer community and adjacent to Vickery Crest is an unknown future risk in our opinion. Additionally, both Milton Place and Vickery Crest have roads that dead end in to vacant adjacent land. Newtown Drive in Milton Place dead ends in to the vacant property to the north, and Donegal Lane in Vickery Crest dead ends in to vacant property to both the south and north. These vacant pieces of property represent the potential for other future high-density communities near, and some actually within, our neighborhoods — additional inconsistencies with the desires of the community, more traffic and decreased desirability of our neighborhoods. Recommendations In order to preserve the look and feel of Milton and more closely match the surrounding neighborhoods, we would request that any potential development in the area have the following attributes: a. Minimum lot size of R-15 (15,000 sq. ft.) (vs. proposed 5,000 sq. ft.) b. Minimum home square footage of 3,000 sq. ft. (vs. proposed 2,000 sq. ft.) Page 3 of 9 c. Lots touching Hopewell Road should be a minimum of 1 acre to match zoning requirements of Vickery Crest and Milton Place d. Homes should be at least three sides brick with the remaining side Hardiplank or similar material — no vinyl siding e. Fences should be consistent with the surrounding developments, including both materials and construction f. Parking : no on -street parking overnight; motor homes, boats, trailers, etc. to be garaged g. A heavily landscaped {tall trees, shrubs, etc.) buffer or berm between Hopewell Road and the community h. Deceleration or turn in lane to prevent traffic congestion and to ensure the safety of children waiting for the school bus in summary, we feel the Beazer community as proposed is not consistent with the desires of the Milton community, will most certainly increase traffic congestion, and will negatively impact the desirability of living in Milton and our neighborhoods in particular given our proximity. We have put forth recommendations that we feel would bring consistency to the area and would welcome the opportunity to collaborate further with the Planning Commission and/or Beazer. Thank you for considering our concerns. Regards, Milton Place Homeowners Anthony and Dee Canitano 2317 Milton Place Anthon .J.Canitano delta.com Page 4 of 9 Will and Jodi Cannady 383 Atkinson Dr. itcannady@hotmail.com Anthony and Tiana Budion 2244 Milton Place abudion@hotrnail.com John and Tali Duncan 2357 Milton Place kabutsi(d)hargraV com Joe and Sherrie Gardner 2344 Milton Place Joe.Gardner@rndc-usa.com Matt and Marie Hobbs 2337 Milton Place Matthobbs0l@gmaii.com John and Haley Lenker 2254 Milton Place lenk@iohnlenker.com Tim and Tricia ❑Mara 2334 Milton Place Tim.omara@suntrust.com Nandu and Vidya Padmanabhan 2327 Milton Place nandu77 r mail.com Alpesh and Bina Shah 2314 Milton Place sumdil4@ya_hoo.com Page 5 of 9 Carl and Lynn Sickles 2237 Milton Place svpursuit19979Vahoo.com Kris and Terri Straw 2297 Milton Place Autizer95Pyahoo.com Ken and Tracy Welsh 2354 Milton Place ken.w.welsh@gmail.com Henry and Amy Ajibowo 2267 Milton Place bowomiPyahoo.com Vickery Crest Homeowners Jonathan & Meredith Ginn 232 Woodliff Ct. Jonathanginn@comcast.net Rich & Nicole Younger 242 Woodliff Court youngers02@gmail.com Kevin & Nicole Box 252 Woodliff Court box k@bellsouth.net Casey & Beth Quinn 262 Woodliff Court Elizabeth uinn8n ahoo.corn Page 6 of 9 Jeremy & Kristen Bennett 272 Woodliff Court -1134[37 aol.com Bakari Morgan 239 Woodliff Court bakmorgan@izmaii.com Alan & Carrie Grottie 220 Woodliff Court a rattle@ mail.co _ Kevin & Sharon Graham 417 Woodliff Place kgmedia@gmail.com Ranadheer Palwai 423 Woodliff PL anukreddv@gmail.com Nikhil Josh 12752 Donegal Lane nikios us(@Yahoo.com Sudeep Telang & Deepa Telang 12762 Donegal Lane sudeepte,,Iang@gm.ail..com .Jason and Karen Cornell 12772 Donegal Lane cornelll arnail.com Page 7 of 9 Jimmy and Tammy Dugger 12782 Donegal Lane tammyOug,ger2yahoo.com Scott & Jessica Ramskogler 12822 Donegal Lane c smith Pbel[south.net Robert & Terri Parker 12832 Donegal Lane parkerterril@gma_il.com Mark & Jenny Montobbio 12845 Donegal Lane Jmontobbio@bel Isouth._net A.T. & Leslie Gimbel 720 Hopewell Place Dr atgimbel@yahoo.com Navin Prabhu and Archana Prabhu 725 Hopewell place Dr prabhunavin_@gmai l.corn Steve and Erin Rybos 219 Woodliff Ct. steven.rybos@gmail.com Jeffrey & Athena Hsu 249 Woodliff Ct ihsu 02@hotmaii.com Page 8 of 9 Gerald and Kendra Hudgins 12792 Donegal Lane eraldhud ins att.net David and Amanda Marsden 12802 Donegal Lane davidrrnarLden@Emaii.com Cc: Milton City Council Karen Thurman -- karen.thurman@cityofmiltonga.us Matt Kunz -- matt. kunz cit ofmilton a.us William Lusk -- bill.lusk@cityofmiltonga._us Burt Hewitt -- burt.hewitt@cityofmiltonga.us Joe Longoria -- loe.lonoria@cityflfmiltonRa.us Lance Large -- lance.large@cityofmiltonga.us Mayor Joe Lockwood -- Ioe.Iackwood@citvafmiltona.us Planning Commission Staff Contact Robyn MacDonald -- robyn.macdonald@cityofmiltonga.us Page 9 of 9 ORDINANCE NO._______ PETITION NO. RZ12-16/VC12-06 STATE OF GEORGIA COUNTY OF FULTON AN ORDINANCE TO REZONE FROM AG-1 (AGRICULTURAL) TO NUP (NEIGHBORHOOD UNIT PLAN) FOR A 29 LOT SINGLE FAMILY SUBDIVIISION PROPERTY LOCATED AT 12855 HOPEWELL ROAD HAVING A FRONTAGE OF 790.86 FEET CONTAINING 6.931 ACRES BE IT ORDAINED by the City Council for the City of Milton, Georgia while in regular session on January 23, 2013 at 6:00 p.m. as follows: SECTION 1. That the Zoning Ordinance of the City of Milton be amended, and the official maps established in connection therewith be changed so that the following property located at 12855 Hopewell Road with frontage of 790.86 feet, consisting of a total of approximately 6.931 acres as described in the attached legal description, be rezoned to the NUP (Neighborhood Unit Plan) District with conditions, attached hereto and made a part herein; ALL THAT TRACT or parcel of land lying and being Land Lot 1108 and 1109 of the 2nd District 2nd Section, City of Milton, Fulton County, Georgia; and SECTION 2. That the NUP (Neighborhood Unit Plan) zoning listed in the attached conditions of approval, be approved under the provisions Chapter 64, Article VI, Division 24 of the Zoning Ordinance of the City of Milton; and SECTION 3. That the property shall be developed in compliance with the conditions of approval as attached to this ordinance. Any conditions hereby approved (including any site plan) do not authorize the violation of any district regulations; and SECTION 4. That the official maps referred to, on file in the Office of the City Clerk, be changed to conform with the terms of this ordinance; and SECTION 5. That all ordinances or part of ordinances in conflict with the terms of this ordinance are hereby repealed; and SECTION 6. This Ordinance shall become effective upon adoption by the Mayor and City Council and the signature of approval of the Mayor. ORDAINED this 23rd day of January, 2013. Approved: ______________________ Joe Lockwood, Mayor Attest: ________________________________ Sudie Gordon, City Clerk (Seal) CONDITIONS OF APPROVAL RZ12-16/VC12-06 If this petition is approved by the Mayor and City Council, the rezoning of property located at 12855 Hopewell Road with a frontage of 790.86 feet it should be approved for NUP (Neighborhood Unit Plan) CONDITIONAL subject to the owner’s agreement to the following enumerated conditions. Where these conditions conflict with the stipulations and offerings contained in the Letter of Intent, these conditions shall supersede unless specifically stipulated by the Mayor and City Council. 1) To the owner’s agreement to restrict the use of the subject property as follows: a) Single family detached dwellings and accessory uses and structures. b) No more than 29 total dwelling units at a maximum density of 4.18 units per acre, whichever is less, based on the total acreage zoned. Approved lot/unit totals are not guaranteed. The developer is responsible through site engineering (at the time of application for a Land Disturbance Permit) to demonstrate that all lots/units within the approved development meet or exceed all the development standards of the City of Milton. The total lot/unit yield of the subject site shall be determined by this final engineering. 2) To the owner’s agreement to abide by the following: a) To the site plan received by the Community Development Department on November 6, 2012. Said site plan is conceptual only and must meet or exceed the requirements of the Zoning Ordinance, all other applicable city ordinances and these conditions prior to the approval of a Land Disturbance Permit. Unless otherwise noted herein, compliance with all conditions shall be in place prior to the issuance of the first Certificate of Occupancy. b) All areas which are not part of an individual lot and held in common shall be maintained by a mandatory homeowners association, whose proposed documents of incorporation shall be submitted to the Director of Community Development for review and approval prior to the recording of the first final plat. 3) To the owner’s agreement to the following site development considerations: a) The minimum lot size - 5,000 square feet b) Minimum lot width (at building line) – 52 feet c) Minimum heated floor area per unit – 2,700 square feet d) Minimum perimeter setback along the south property line – 7 feet (VC12-16, Part 1) e) Minimum perimeter setback along the north property line – 25 feet (VC12-16, Part 1) f) Front yard setback – 10 feet g) Side yard setback – 0-7 feet with 14 feet minimum between structures h) Side yard setback adjacent to a street – 7 feet i) Rear yard- 15 feet j) Lots numbered 20 through 29 on the site plan submitted November 6, 2012 shall be rear loaded, alley access lots. k) Construct sidewalks for both sides of streets for the entire development per City Code Chapter 50, Subdivisions 4) To the owner’s agreement to abide by the following requirements, dedication, and improvements: a) Dedicate at no cost to the City of Milton prior to the approval of a Certificate of Occupancy, sufficient land as necessary to provide the following: i. Provide at least 10.5 feet of right-of-way from the back of curb of all abutting road improvements, along the entire property frontage, as well as allow the necessary construction easements while right-of-way is being improved. 1) Proposed right-of-way shall be located no closer than one foot behind the back of sidewalk. ii. Provide pedestrian improvements along entire property frontage or abutting road improvements, whichever is greater, according to cross sections in Chapter 50 Subdivision Regulations of the City of Milton Code of Ordinances and as approved by the City of Milton Public Works Department. All proposed infrastructure improvements (i.e. sidewalk, curb and gutter, etc…) shall tie to the existing facilities on adjacent properties as required by the City of Milton Public Works Department. iii. Installation/modification of the following transportation infrastructure according to Chapter 48 Streets, Sidewalks and Other Public Places of the City of Milton Code of Ordinances: 1. NB Right Turn Lane on Hopewell Rd at new access drive 2. SB Left Turn Lane on Hopewell Rd at new access drive 5) To the owner’s agreement to abide by the following: a. The stormwater management facilities shall utilize earthen embankments, where possible. Walled structures are not encouraged. If walled structures are proposed, they must meet the acceptable design standards of the City of Milton Department of Community Development and the Department of Public Works. i. Where side slopes for stormwater management facility are steeper than 4:1 the facility shall have a six foot high, five-board equestrian style fence with two inch by four inch welded wire constructed around it, or equivalent as may be approved by the City of Milton Public Works Department. b. Owner shall be required to develop a stormwater management plan to maintain water quality and rate of runoff to protect neighboring persons and property from damage or loss resulting from excessive stormwater runoff, pollution, soil erosion or deposition upon private property or public streets or water transported silt and debris. Owner shall be required to have an approved stormwater concept plan prior to submission of a land disturbance permit application. SITE PLAN SUBMITTED NOVEMBER 6, 2012 Page 1 of 2 STATE OF GEORGIA COUNTY OF FULTON RESOLUTION NO. A RESOLUTION ELECTING ABSENT MUNICIPALITY STATUS REGARDING ALL FUTURE LOST PROCEEDINGS RELATED TO AND TRIGGERED BY THE 2010 CENSUS WHEREAS, Fulton County, Georgia and all of the municipalities located therein , including the City of Milton, are currently in the process of trying to reach amicable resolution with respect to each respective jurisdictions Local Option Sales Tax distribution, in accord with O.C.G.A. 48-8-80, et.seq.; and WHEREAS, in the absence of such amicable resolution, it may be necessary for either Fulton County or any of the qualified municipalities to petition the Fulton County Superior Court seeking court assisted resolution of all those issues remaining in dispute (“Baseball Arbitration”) (O.C.G.A. 48-8-89 (d)(4)(A)); and WHEREAS, this Baseball Arbitration procedure contemplates that both the County and those qualified municipalities representing no less than fifty percent of the aggregate municipal population of all qualified municipalities within the County shall ‘separately’ submit to the judge and the other parties a written best and final offer specifying the distribution the tax proceeds (O.C.G.A. 48-8-89 (d)(4)(B)); and WHEREAS, in addition, any qualified municipality that is not a party to the offer contemplated in O.C.G.A. 48-8-89(d)(4)(B), and who represent at least one half of the aggregate municipal population of all remaining qualified municipalities, is authorized to separately submit to the judge a written best and final offer (O.C.G.A. 48-8-89(d)(4)(C)); and WHEREAS, any offer contemplated in either O.C.G.A. 48-8-89(d)(4)(B) and (C) “shall take into account” the allocation required for any absent municipality (O.C.G.A. 48-8- 89(d)(4)(D)); and WHEREAS, O.C.G.A. 48-8-89(b), provides that an absent municipality shall be entitled to a percentage of that portion of the remaining proceeds which each such municipality shall receive, which percentage shall not be less than that proportion which each absentee municipality’s population bears to the total population of all qualified municipalities within the special district multiplied by that portion of the remaining proceeds which are received by all qualified municipalities within the special district; and WHEREAS, as noted by the Georgia Attorney General, an absent municipality cannot be forced under O.C.G.A. 48-8-89 to accept a smaller percentage of the LOST proceeds distributed to all the qualified municipalities in the county than the percentage that the absent municipality’s population is of the total population of all such qualified municipalities, regardless of whether that distribution is pursuant to a negotiated certificate or is based instead on an order by a superior court judge when the necessary parties are unable to agree. (See, May 10, 2012 Unofficial Opinion of the State Attorney General, attached hereto as Exhibit A); and Page 2 of 2 WHEREAS, based upon the City of Milton’s population percentage of the entire total population of all qualified municipalities within Fulton County, the City Council believes that there is no practical or legal advantage to the City of Milton assuming any posture other than that of an absentee municipality; and WHEREAS, the Mayor and City Council desire for and hereby elect to become an “absent municipality” for purposes of future LOST proceedings, including Baseball Arbitration, related to and triggered by the 2010 census. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF MILTON, GEORGIA, that the City elects to be an “absent municipality” for purposes of future LOST proceedings, including Baseball Arbitration, related to and triggered by the 2010 census; and BE IT FURTHER RESOLVED, that the City Clerk is directed to provide copies of this Resolution to the mayor of each municipality located within Fulton County, to the Fulton County Board of Commissioners, and to the Georgia Department of Revenue. RESOLVED this _____ day of ____________, 2013. Approved: _______________________ Joe Lockwood, Mayor Attest: ___________________________ Sudie AM Gordon, City Clerk SAMUEL S. OLENS ATTORNEY GENERAL David B. Davidson, Esq. City Attorney 38 Hill Street Roswell, Georgia. 30075 GEORGIA DEPARTMENT OF LAW 40 CAPITOL SQUARE SW ATLANTA, GA 30334-1300 UNOFFICIAL OPINION l'1 Yl, Ie'd mt) _ It 146-3Lf www.law.ga.gov (404)656-3300 Re: An absent municipality cannot be forced under O. C. G.A. § 48-8-89 to accept a smaller percentage of the local option sales and use tax proceeds distributed to all qualified municipalities in the county than the percentage the absent municipality's population is of the total population of all such qualified municipalities. Dear Mr. Davidson: As the City of Roswell's attorney, you have asked for this office's opinion about how to calculate the minimum share of local option sales and use tax ("LOST") proceeds to which an absent qualified municipality is entitled under O.C.G.A. § 48-8-89. Your question has been prompted by upcoming, statutorily -mandated negotiations between Fulton County and its qualified municipalities regarding those distributions. See O.C.G.A. § 48-8-89(d)(1) ("A certificate providing for the distribution of [LOST monies] shall expire on December 31 of the second year following the year in which [a] decennial census is conducted. No later than December 30 of [such] second year ... , a new distribution certificate meeting the requirements for certificates specified by subsection (b) of this Code section shall be filed with ... the [Revenue] commissioner.") For the reasons discussed below, it is my unofficial opinion that an absent municipality cannot be forced under O.C.G.A. § 48-8-89 to accept a smaller percentage of the LOST proceeds distributed to all the qualified municipalities in the county than the percentage that the absent municipality's population is of the total population of all such qualified municipalities, regardless of whether that distribution is pursuant to a negotiated certificate or is based instead on an order by a superior court judge when the necessary parties are unable to agree. The State Revenue Commissioner administers and collects LOSTs, which are levied pursuant to Article 2 of Chapter 8 of Title 48, for the use and benefit of the county and each qualified municipality located wholly or partially therein. O.C.G.A. § 48-8-87. See generally O.C.G.A. § 48-8-80 (defining "qualified municipality"). "One percent of the amount collected [by the Commissioner is] paid into the general fund of the state treasury in order to defray the costs of administration," O.C.G.A. § 48-8-89(a)(1), and "the remaining proceeds ... [are] distributed to ... each qualified municipality ... and ... the county[.]" O.C.G.A. § 48-8-89(a)(2). The Commissioner makes those distributions "in accordance with a certificate ... executed [on] David B. Davidson, Esq. Page 2 behalf of each [affected city and county] ... and which ... specif[ies] by percentage that portion of the remaining proceeds ... each such political subdivision shall receive." O.C.G.A. § 48-8-89(b). However, not every qualified municipality has to agree to a LOST distribution certificate in order for that certificate to be effective. [I]f the combined total of the populations of all such absent municipalities is less than one-half of the aggregate population of all qualified municipalities .... the submitting political subdivisions shall, [on] behalf of the absent municipalities, specify a percentage of that portion of the remaining proceeds which each such municipality shall receive, which percentage shall not be less than that proportion which each absent municipality's population bears to the total population of all qualified municipalities ... multiplied by that portion of the remaining proceeds which are received by all qualified municipalities[.]" O.C.G.A. § 48-8-89(b). See generally City of Winder v. Collins, 259 Ga. 570, 571 (1989) ("[T]he act ... protects the majority from a possible minority holdout .... The act also protects the qualified minority municipalities by guaranteeing them a proportional share of the proceeds of the local taxes which their citizens approved and will be forced to pay even if the minority municipalities cannot reach an agreement with the majority.") As previously noted, a LOST distribution certificate must be renegotiated by a county and its qualified municipalities following a decennial census. "The eligible political subdivisions shall commence [those] renegotiations at the call of the county governing authority before July 1 of the second year following the year in which the census is conducted." O.C.G.A. § 48-8-89(d)(2). See also id. ("If the county governing authority does not issue the call by that date, any eligible municipality may[.]"). If the respective governing authorities are unable to reach an agreement within 60 days after renegotiations begin, the parties must "submit the dispute to nonbinding arbitration, mediation, or ... other means of resolving conflicts." O.C.G.A. § 48-8-89(d)(3). Should those efforts not produce an agreement within another 60 days, any party "may file a petition in superior court of the county seeking resolution of the items remaining in dispute." O.C.G.A. § 48-8-89(d)(4)(A). Once in superior court, "the county and qualified municipalities representing at least one-half of the aggregate municipal population of all qualified municipalities ... shall separately submit to the judge ... a written best and final offer specifying the distribution of the tax proceeds." O.C.G.A. § 48-8-89(d)(4)(B).1 Each such offer "shall take into account the allocation required for any absent municipalities in accordance with subsection (b) of [Code Section 48-8-89]." O.C.G.A. § 48-8-89(d)(4)(D). The judge is required 1 "[Q]ualified municipalities that are not represented in the offer from the qualified munici-palities representing at least one-half of the aggregate municipal population" may elect to join with the county in making an offer. O.C.G.A. § 48-8-89(d)(4)(B). In addition, "[a]ny qualified municipality or municipalities ... who are not a party to [another] offer ... , and who represent at least one-half of the aggregate municipal population of all qualified municipalities who are not a parry to [another] offer ... , shall be authorized to separately submit [their own offer] to the judge." O.C.G.A. § 48-8-89(d)(4)(C). UNOFFICIAL OPINION David B. Davidson, Esq. Page 3 to "adopt the best and final offer of one of the parties," enter a final order containing,the new distribution certificate, and transmit a copy of it to the Revenue Commissioner. Id. Under the statutes cited above, an absent municipality cannot be forced under O.C.G.A. § 48-8-89 to accept a smaller percentage of the LOST proceeds distributed to all the qualified municipalities in the county than the percentage that the absent municipality's population is of the total population of all such qualified municipalities, regardless of whether that distribution is pursuant to a negotiated certificate or is based instead on an order by a superior court judge when the necessary parties are unable to agree. See generally City of Atlanta v. Collins, 262 Ga. 261, 263-64 (1992) ("[O]nly the portion of a city's population that resides within the special tax district is included when calculating a municipality's pro rata share of the local option sales tax proceeds in that district.") To illustrate how O.C.G.A. § 48-8-89 works in practice, consider the following example, where City A, Absent City B, and Absent City C are all the municipalities in the county in which a LOST is imposed and each is a "qualified municipality": Political Subdivision % of Coun1y Papulation County 20% (unincorporated) City A 42% Absent City B 15% Absent City C 23% Because the population of City A is more than 50% of the population of all the qualified municipalities in the county, City A and the county are allowed by O.C.G.A. § 48-8-89 to execute a certificate for distributing LOST proceeds on behalf of all the affected jurisdictions. Assume City A and the county are proposing that the county receive 35% of the proceeds remaining after the Revenue Commissioner subtracts his portion. In that case all the qualified municipalities would share 65% of those remaining LOST proceeds. Absent City B's population is 18.75% (i.e., 15% - 80%) of the population of all the qualified municipalities, so that city's percentage of the remaining LOST proceeds cannot be less than 12.1875% (i.e., 18.75% x 65%). Similarly, Absent City C's percentage of the remaining LOST proceeds must be at least 18.6875% (i.e., [23% - 80%] x 65%). That would leave City A with 34.125% of the remaining LOST proceeds (i.e., 100% - 35% - 12.1875% - 18.6875%, which also equals [42% - 80%] x 65%). To put dollar amounts with this example, assume that in a particular year there will be $100 million in LOST proceeds remaining after the Revenue Commissioner's share is taken out. If the distribution certificate uses the percentages set out above, Absent City B's share of the $100 million would be 12.1875%, or $12,187,500. (Looked at differently, Absent City B would be entitled to 18.75% of the $65 million that all the qualified municipalities would share, which also equals $12,187,500.) For their part, City A and Absent City C would receive $34,125,000 and $18,687,500, respectively, and the county would get the rest (i.e., $35 million). UNOFFICIAL OPINION David B. Davidson, Esq. Page 4 Therefore, it is my unofficial opinion that an absent municipality cannot be forced under O.C.G.A. § 48-8-89 to accept a smaller percentage of the local option sales and use tax proceeds distributed to all qualified municipalities in the county than the percentage the absent municipality's population is of the total population of all such qualified municipalities. Issued this Ir.. day of 2012. G� Sincerely, 4- c SAMUEL S. GLENS Attorney General Prepared by: Warren R. Calvert Senior Assistant Attorney General UNOFFICIAL OPINION To: Honorable Mayor and City Council Members From: Sudie Gordon, City Clerk Date: Submitted on January 14, 2013 for the January 23, 2013 Regular Council Meeting Agenda Item: Consideration of the Approval of A Resolution to Set Qualifying Fees for the 2013 Municipal Elections ___________________________________________________________________________ Department Recommendation: Approve the Resolution to Set Qualifying Fees for the 2013 Municipal Elections. Executive Summary: The City of Milton is committed to conducting City business in a manner that complies with all legal requirements, fosters citizen confidence in City government, and promotes efficient and effective government operations. Funding and Fiscal Impact: In compliance with House Bill 1470, the City of Milton will be holding elections for Council Seats from the Mayor, District 1, District 3, and District 5 in 2013. Georgia Election Code Section 21-2-131(a) (1) provides that qualifying fees shall be fixed not later than February 1 st of any year in which a general election is to be held, and State law provides that such fees shall be three percent of the total gross salary of the office paid in the preceding year if a salaried office. The following qualifying fees shall apply to candidates seeking municipal office in the election to be held on November 5, 2013: Mayor $690 and City Councilmember $390.00. A copy of the Resolution shall be published in the newspaper of general circulation following its adoption. Alternatives: N/A Legal Review: Concurrent Review: Chris Lagerbloom, City Manager Attachment(s): Resolution of the City of Milton, Georgia to Set Qualifying Fees for Municipal Elections Page 1 of 2 STATE OF GEORGIA RESOLUTION NO. FULTON COUNTY RESOLUTION OF THE CITY OF MILTON, GEORGIA TO SET QUALIFYING FEES FOR MUNICIPAL ELECTIONS The Council of the City of Milton hereby resolves while in regular session on the 23rd day of January, 2013 at 6:00 pm: WHEREAS, effective January 1, 1999, the Georgia Municipal and Georgia Election Codes were combined into one known as the Georgia Election Code; and WHEREAS, such Code provides at § 21-2-131(a)(1) that qualifying fees shall be fixed no later than February 1 of any year in which a general election is to be held; and WHEREAS, State law provides that such fees shall be three percent (3%) of the total gross salary of the office paid in the preceding year of a salaried office; and WHEREAS, in compliance with House Bill 1470, the City of Milton will be holding elections for Council Seats for Mayor and District 1, District 3, and District 5 in 2013; and WHEREAS, the Internal Revenue Service has held that Councilmembers hold salaried positions; NOW, THEREFORE, the Mayor and Council of the City of Milton, Georgia, pursuant to their authority do hereby adopt a Resolution as follows: 1. The following qualifying fees shall apply to candidates seeking municipal office in the election to be held November 5, 2013: Mayor - $690.00 City Councilmember - $390.00 2. Let a copy of this Resolution be published in a newspaper of general circulation following its adoption. Page 2 of 2 The above Resolution was read and approved by the Mayor and Council of the City of Milton on the 23rd day of January, 2013. ______________________________ Joe Lockwood, Mayor Attest: Sudie AM Gordon, City Clerk (Seal) To: Honorable Mayor and City Council Members From: Stacey Inglis, Assistant City Manager Date: Submitted on January 9, 2013 for the January 23, 2013 Regular Council Meeting Agenda Item: Consideration of a Resolution to Amend Resolution No. 07-11-14 Changing Authorized Signers and Bank Account Information for the Georgia Fund 1 State Investment Pool Account Department Recommendation: Adopt amendment to resolution 07-11-14 changing the authorized signers and bank account information for the Georgia Fund 1 state investment pool account. Executive Summary: The Georgia Fund 1 is a public sector mutual fund for Georgia cities, counties, and school districts and was created to allow local governments to consolidate and invest idle funds. The City has participated in Georgia Fund 1 since November 2006. Any changes to this account must be done through an amendment to any previously adopted resolution. The most recently adopted resolution (Resolution No. 07-11-14) for the Georgia Fund 1 was dated November 1, 2007. Since then, position titles and people have changed. We are also transitioning our banking services from Bank of North Georgia to SunTrust Bank. The amended resolution presented for consideration removes Jeanette Marchiafava and adds Sudie Gordon as an authorized signer; updates Chris Lagerbloom’s and my information; and changes the City’s bank account information. Funding and Fiscal Impact: There is no impact. Alternatives: There isn’t an alternative to changing/updating the account information. Legal Review: None necessary Concurrent Review: Chris Lagerbloom, City Manager Attachment(s): Resolution For Customer Use: I have an existing Acct. # 2330 This resolution is for: New Account Change to Existing Acct. # 2330 STATE OF GEORGIA COUNTY OF FULTON RESOLUTION NO. A RESOLUTION TO AMEND RESOLUTION NO. 07-11-14 AUTHORIZING DEPOSITS INTO THE GEORGIA FUND 1 STATE INVESTMENT POOL FOR INVESTMENT PURPOSES WHEREAS, Ga. Code Ann. §§36-83-1 to 36-83-8 authorizes Georgia local governments and other authorized entities to invest funds through the local government investment pool; and WHEREAS, from time to time it may be advantageous to the City of Milton, Georgia to deposit funds available for investment in Georgia Fund 1 (hereinafter referred to as the local government investment pool) as it may deem appropriate; and WHEREAS, to provide for the safety of such funds deposited in the local government investment pool, investments are restricted to those enumerated by Ga. Code Ann. §36-83-8 under the direction of the State Depository Board, considering first the probable safety of capital and then the probable income to be derived; and WHEREAS, such deposits must first be duly authorized by the governing body of the local government or authorized entity and a certified copy of the resolution authorizing such investment filed with the Director of the Office of Treasury and Fiscal Services; and WHEREAS, such resolution must name the official(s) authorized to make deposits or withdrawals of funds in the local government investment pool; and WHEREAS, Ga. Code Ann. §36-83-8 requires a statement of the approximate cash flow requirements of the participating government pertaining to the funds to accompany the authorization to invest such funds at the time such deposits are duly authorized; NOW, THEREFORE BE IT RESOLVED by the Mayor and City Council that funds of the City of Milton may be deposited from time to time in the manner prescribed by law and the applicable policies and procedures for the local government investment pool. BE IT FURTHER RESOLVED THAT: 1. Any one of the following individuals shall be authorized to deposit and/or withdraw funds from the local government investment pool on behalf of such government or other authorized entity (if a listed individual is employed by an entity other than the depositor, indicate employer): Chris Lagerbloom, City Manager, City of Milton, 678.242.2500, chris.lagerbloom@cityofmiltonga.us Stacey Inglis, Assistant City Manager, City of Milton, 678.242.2508, stacey.inglis@cityofmiltonga.us Sudie AM Gordon, City Clerk, City of Milton, 678.242.2522, sudie.gordon@cityofmiltonga.us 2. All withdrawals from the local government investment pool shall be wired to the following participant’s demand deposit account: SunTrust Bank City of Milton Depository Account (Local Bank Name) (Account Title) X X For OTFS Use Only: Acct Approved Auth Entered. Audit Wire Instructions Addr Entered Wire Templates Approval: AD1 AD2 Res. form 2000A 061000104 1000137235791 Alpharetta, Georgia (ABA Number) (Account Number) (City, State) 3. The local government investment pool shall mail the monthly statements of account to: Stacey Inglis, Assistant City Manager (Attention) 13000 Deerfield Pkwy, Suite 107G (Address) Milton, GA 30004 (City, State & Zip) 4. Changes in the above authorization shall be made by cancellation or replacement resolution delivered to the Office of Treasury and Fiscal Services. Until such a replacement resolution is received by the Office of Treasury and Fiscal Services, the above authorized individuals, local government demand account instructions and statement mailing address(es) shall remain in full force and effect. 5. The following schedule represents the period in which existing balances are currently expected to remain invested in the local government investment pool: 30% 30 days or less; 30% more than 30 days but less than 90 days; 40% 90 days or longer. 100 % Entered at City of Milton, Georgia this day of 20 . (Signature of Head of Governing Authority) Joe Lockwood (Please Print or Type - Head of Governing Authority) Mayor (Title) Sworn to and subscribed before me this day of 20 . (Notary Public) Please complete and return an original copy to: NOTARY SEAL Georgia Fund 1 Office of Treasury and Fiscal Services 200 Piedmont Avenue Suite 1204, West Tower Atlanta, GA 30334-5527 Telephone: (404) 651-8964 or (404) 656-2993 Toll Free: (800) 222-6748 Fax: (404) 656-9048 Georgia Fund 1 (local government investment pool) deposits are not guaranteed or insured by any bank, the Federal Deposit Insurance Corporation (FDIC), the Federal Reserve Board, the State of Georgia or any other agency. SETTLEMENT AGREEMENT This Settlement Agreement ("Agreement") is made and entered into this day of , 2012, by and among Action Outdoor Advertising JV, LLC; KH Outdoor, LLC; Covenant Media of Georgia, L.L.C., and Granite State Outdoor Advertising, Inc. and their principals, members, employees, affiliates, successors, subsidiaries and assignees, and any entity owned or controlled by them (collectively referred to as "Advertisers") and the City of Milton, Georgia ("City"). Collectively these entities are referred to herein as "Parties," and in the singular as a "Party." WHEREAS, Advertisers filed outdoor advertising sign permit applications with Fulton County, Georgia between 2003 and 2006 for sixteen locations which were then in unincorporated Fulton County but which are now in the City as a result of the incorporation of the City on December 1, 2006; and WHEREAS, litigation (to which all Parties hereto are parties) arose regarding these applications styled Action Outdoor Advertising, LLC et al. v. Fulton County, et al. in Fulton County, Georgia Superior Court (Case Nos: 2005CV10977, 2005CV107555, 2005CV109918, 2006CV114781 and 2006CV117063) (hereinafter the "Lawsuit") resulting in an order entered by the Superior Court of Fulton County on May 27, 2010 ruling that Advertisers have a vested right under their applications to build the signs described therein and further ruling that Advertisers' vested rights continue notwithstanding the subsequent creation of the City; and 2 WHEREAS, the aforesaid order was affirmed by the Supreme Court of Georgia on June 13, 2011 in Case Nos. SllA0023 and SllAOlOl; and WHEREAS, there is also litigation related to signage brought by Covenant Media of Georgia, L.L.C. against the City of Milton, styled 2007CV129817. That litigation, too, shall stand resolved and subject to dismissal based upon this Settlement Agreement. For purposes of this Settlement Agreement 2007CV129817 shall fall within the definition of “the Lawsuit,” as that term is used herein; WHEREAS, certain other disputes have arisen or might arise in the future between the Parties regarding the matters in the Lawsuit and because the Parties wish to settle the pending Lawsuit and any and all disputes or claims between them in their entirety, they enter into this Agreement. THEREFORE, in light of the foregoing and based upon the exchange of valuable consideration by and among the Parties to this Agreement - including the Cities' agreement with respect to the signs referenced herein and the waiver of certain legal claims by Advertisers as set forth below - the Parties to this Agreement hereby agree to a mutual release of any and all claims, future or current, arising from or otherwise related to the Lawsuit, as follows: 1. With respect to the Lawsuit, each of the respective Parties to this Agreement hereby mutually releases and forever discharges each of the other Parties to this Agreement and all of such parties' successors, assigns, agents, affiliates, officers, directors, employees, representatives, insurers, and attorneys from any and all claims, 3 debts, liabilities, demands, obligations, damages, costs, expenses, attorneys’ fees, actions and causes of action, of every nature, character and description known or unknown, which any of the respective Parties to this Agreement, now own or hold or may have any time heretofore owned or held, or may at any time own or hold against any other Party to this Agreement, excepting enforcing this Agreement. 2. Subject to the terms hereof, by signing this Agreement the Advertisers withdraw any and all pending and prior sign permit applications they previously submitted to Fulton County for locations which are now within the limits of the City. 3. Advertisers further agree to the f ollowing: (a) Advertisers waive all attorney’s fees, expenses and damages claims against the City relating to any and all issues and claims presented in or arising out of the Lawsuit; and (b) Advertisers u n i l a t e r a l l y a n d v o l u n t a r i l y agree that no sign built pursuant to this Agreement will be utilized to post messages advertising (1) adult entertainment establishments, strip clubs, exotic massage parlors, adult video or book stores, or similar businesses; (2) abortion services; (3) any activity or product that is illegal under Georgia or federal law; and (4) any material which is obscene as such term is defined in O.C.G.A. § 16- 20-80. 4 4. The City will allow the construction of the following signs on the following conditions: (a) The Advertisers shall have the right to construct four (4) new back-to-back or "V" shaped electronic LED multi- message sign structures within the City. The Advertisers shall select among the parcels identified in the five (5) nodes depicted on Exhibit A attached hereto in determining where to erect these four (4) sign structures; provided however that only a single sign may be erected per node and in no event may more than four (4) sign structures be built. Any single sign constructed in nodes 2, 3, 4, and 5 may be up to 10' 6" x 36' in size. A sign constructed in node 1 may be up to 14' x 48' in size. Notwithstanding the Advertisers’ selection of location, only four (4) sign structures may be constructed. There is no time limit on the date by which these signs must be constructed in order to be in compliance with this Agreement and Milton will issue a City sign permit, at no cost to Advertisers, for the signs contemplated in this Agreement. Moreover, while the Advertisers will tender a sign permit application prior to erection of any signs and Milton will process same within 10 business days of receipt, due to this being an agreement to resolve litigation there are certain provisions of the Milton sign code that have no application. Specifically, the Advertisers shall have no obligation to comply with Milton code sections 64-2267(2), (4), (9), and (10) when tendering a sign permit application. With respect to the Milton sign code requirement for a site plan, a scaled site plan (to include an owner survey and/or tax Formatted: Font color: Text 1 Formatted: Font color: Text 1 5 plat) shall be sufficient so long as it accurately depicts the location of the proposed sign, the sign fall zone, and any structures within the fall zone. Each new sign pole shall be set back at least ten feet from the right of way and no part of the sign structure shall extend into the right-of-way. In the event a sign is constructed as a "V" shaped sign as that term is commonly understood in the outdoor advertising industry (an example of a standard “V” shaped sign is attached hereto as Exhibit “B”), the angle of the "V" shall not exceed sixty degrees. The height of each sign may be up to 70 feet, except a sign in node no. 1 on State Highway 400 may be up to 145 feet in height. The Advertisers will endeavor in good faith to build the signs as low (i.e., reduced height of the sign) as practicable to allow the signs to be visible to motorists given existing and anticipated vegetation and structures, but this determination shall be made in the Advertisers' sole discretion. TREE PRESERVATION With respect to the Advertisers’ compliance with the City’s Tree Preservation Ordinance, the Parties stipulate to the following: 1. That the Advertisers agree that the City has in effect certain regulations pertaining to the protection and safeguarding of trees, and that it is imperative that those regulations receive substantial compliance within the context of carrying out the terms of this Settlement Agreement. 2. The City agrees that this settlement is the product of successful legal theories asserted by the Advertisers against a sign code in effect prior to the creation of Milton, and Formatted: Font color: Text 1 Formatted: Font color: Text 1 Formatted: Font color: Text 1 6 that the Advertisers are thereby entitled to the erection of certain signs as a result of that legal action and that the City is not in a position to deny an entitlement to some amount of signage. 3. That the Parties mutually agree that this settlement represents a compromise by both sides and that the number and location of signs implicated by this settlement was the product of substantial negotiation aimed at harmonizing (1) the Advertisers legal right to signage based upon their success in the referenced legal actions; and (2) the City’s interest in complying with the court decree but otherwise minimizing the impact of same on its citizens. 4. The City acknowledges that in order to carry out the terms of this Settlement Agreement, the Advertisers will be required to physically construct the signs, which means (a) having sufficient ground for a construction staging area, (b) having sufficient ingress and egress to the staging area and the physical sign location, and (c) ensuring the constructed sign(s) have a viable viewing corridor visible to motoring traffic. 5. The City acknowledges that the elements identified in paragraph 4 may involve the removal and/or disturbance of trees for the viewing corridor, ingress/egress area, physical construction site, and the construction staging area. Such possible tree removal necessarily implicates the City’s Tree Preservation Ordinance. Nodes 1 and 5 6. Based upon the above considerations, the City agrees that for signage in nodes 1 and 5, the City will (1) have the City arborist survey the property and review those areas 7 that will comprise the physical site of the sign, the construction staging area, the ingress/egress area, and the viewing corridor, (2) promptly make a determination as to what steps, if any, must be taken for compliance with the City’s Tree Preservation Ordinance, (3) work with the Advertisers to ensure that substantial compliance with the City’s Tree Preservation Ordinance can be accomplished promptly, efficiently, at the lowest cost, and in a manner recognizing that the Tree Preservation Ordinance must not serve as a roadblock to compliance with the court’s directive and the intent of this compromise agreement. 7. The Advertisers agree that with respect to nodes 1 and 5, they will utilize best efforts, in conjunction with the City arborist, to not locate the physical sign, the ingress/egress area, the construction staging area, or the view corridor, at a location implicating any specimen trees or the critical root path of any specimen trees. The Advertisers further agree that to the extent remedial measures are required under the Tree Preservation Ordinance; the Advertisers will either undertake additional plantings or agree to pay recompense to the City in an amount to be determined by the City arborist, with the City arborist’s recompense determination rendered in accord with the good faith instructions of paragraph 6. 8. It is understood by and between the parties that a possible site plan for nodes 1 and 5 may be in substantial conformity with Exhibits B and C. Nodes 2, 3, and 4 9. With respect to nodes 2, 3, and 4, the Advertisers agree to comply with the Tree 8 Preservation Ordinance. All Nodes 10. With respect to all nodes under this Agreement, the City agrees to honor any ‘line-of-sight easements between the Advertisers and affiliated or nearby property owners as contemplated in Section 60-23(1) of the Milton Code such that the pruning of trees and vegetation that interfere with such lines-of-sight easements shall be authorized without obtaining a City permit. The Advertisers shall use good faith efforts to minimize the number of trees removed for these purposes and shall secure permission from the underlying property owner prior to such removal. (b) The LED component of each such sign shall be operated in accordance with the terms and conditions of this Agreement; provided, however, nothing herein shall require these signs to be constructed as LED electronic multi-message signs. At the election of Advertisers any sign face may be constructed as a trivision, LED or static sign face. The LED component of each of the aforesaid signs shall be operated consistent with the applicable requirements of the Control of Outdoor Advertising Act, O.C.G.A. § 32-6-72, et seq. and any applicable regulations promulgated by the Georgia Department of Transportation; provided, however, in the event of any conflict between applicable state laws and regulations and the provisions of this Agreement, the more restrictive provisions shall control. There shall be no motion, flashing or animation on each sign other than the change of the message. There shall be no sound or video 9 streaming. Any LED signs erected under this Agreement shall not operate at a brightness level in excess of 0.30 footcandles (under measurement conditions) above ambient light levels as measured at a distance of 250 feet. (c) To the extent that Advertisers are required to obtain permits from the Georgia Department of Transportation (GDOT) for the construction and alteration of these signs, the City agrees to execute and deliver to Advertisers the GDOT standard application forms for outdoor advertising structures and electronic or mechanical multi- message structures within ten (10) business days of the City's receipt thereof from Advertisers, accompanying each form with a statement that "the posting of the outdoor advertising sign as proposed is permitted pursuant to the terms of a legally binding settlement agreement between the City of Milton and the applicant" or containing similar language if requested by GDOT. (d) This Agreement provides non-expiring authorization for the construction activities described herein and no City permits or permit fees or renewal fees shall be required. Any sign erected pursuant to this Agreement shall be deemed by Milton to have been legally erected. Prior to the initial posting of any paid advertising on the signs following the construction allowed hereby, Advertisers shall provide the City a certificate from a licensed structural engineer Certifying the safety of the sign and sign structure. Footing inspections may be performed by a licensed engineer in lieu of a City inspector. (e) The rights granted hereunder are for the sole benefit of Advertisers and their successors and assigns and no rights shall inure hereunder to the landowners on which 1 0 the signs described herein shall exist, unless any of the parties shall become the landowner (or easement owner) of any of the tracts on which the signs shall be erected. 5. The City hereby warrants and affirms that the Advertisers have the right to erect four (4) sign structures upon the terms and conditions in paragraph 4. The City makes no representations or warranties regarding any other regulatory or private party approvals necessary for such construction, other than those required by the City. Any other regulatory or private party approvals shall remain the sole responsibility of the Advertisers and shall not impact or otherwise interfere with the conclusive and binding nature of this Agreement. It is not the intent of this Agreement to place the Advertisers in a superior position to any other recipient of a sign permit duly issued., Any signs constructed pursuant to this Settlement Agreement shall be deemed to have been legally erected but immediately non-conforming. It is further agreed between the City and the Advertisers that Section 64-2297(c)(1) of the Milton Code shall have no application to the signs at issue in this Agreement as the signs are not “on-premise” signs. 6. All Parties agree that the existence and terms of this Agreement will be kept confidential to the extent permitted by law. However, it is understood and agreed that this Settlement Agreement must be approved at an open meeting of the City Council and the material terms announced to the Council during that meeting. 7. 1 1 This Agreement sets forth all, and is intended to be an integration of all, of the covenants, promises, agreements, warranties and representations among the Parties hereto, and, other than as expressly set forth herein, there are no covenants, promises, agreements, warranties, representations or other understandings, oral or written, express or implied, among the Parties relating to any and all disputes that exist or might exist between the Parties. This Agreement constitutes the entire Agreement between them. This Agreement may only be amended by a written instrument executed by all parties. 8. This Agreement represents the compromise of doubtful claims and IS not an admission of liability by any Party. 9. This instrument may be executed in separate counterparts a nd shall become effective when such separate counterparts have been exchanged among the Parties. 10. No presumption against or in favor of any Party or person shall apply due the drafting of this documents. 11. This Agreement shall be governed by the substantive and procedural laws of the State of Georgia. Any suit brought to enforce any provisions of this Agreement must be brought in the courts of Fulton County, Georgia. 1 2 12. Each of the Parties hereby warrants to the other Parties that the undersigned have the authority to execute this Agreement and to bind the respective Parties to this Agreement. 13. Advertisers may assign their rights hereunder, but in no event shall any such assignment work to change the number or available sign locations as otherwise provided in this Agreement. 14. The rights of Advertisers established herein are vested property rights and are not affected by existing conflicting laws or ordinances or laws or ordinances enacted after the date hereof. 15. This Agreement represents the Agreement of the Parties in compromise of their disputed claims, notwithstanding that it may conflict with existing City ordinances governing signs. To the extent of conflict between the Agreement and City sign ordinance regulations, the provisions of this Agreement shall prevail and be controlling. The undersigned have hereunto set their hands and seals as of the date set forth above. ACTION OUTDOOR ADVERTISING JV, LLC 1 3 Title: Title: Title: By:_ ,_ ________________________ KH OUTDOOR, LLC By: ------------------------------ GRANITE STATE OUTDOOR ADVERTISING, INC. By: _ ----------------------------------- (CORPORATE SEAL) COVENANT MEDIA OF GEORGIA, LLC By:________________________________________ Title:______________________________________ (CORPORATE SEAL) CITY OF MILTON, GEORGIA By: _ Mayor 1 4 Attest: City Clerk (CITY SEAL) Approved as to form: City Attorney k:\2605\55\Settlement Agreement (Milton) CITY OF MILTON LOCATION POOL NODE # 1 – SR 400 W/S N/O WINDWARD PARKWAY 1. 13560 MORRIS ROAD – REAR OF OFFICE COMPLEX 2. MORRIS RD, S/O 13560 MORRIS RD. PARCEL #22544011160372 3. 13085 MORRIS RD. – SR 400 FRONTAGE 4. 13125 MORRIS RD – SR 400 FRONTAGE 5. 1800 DEERFIELD POINT – SR 400 FRONTAGE NODE # 2 – HWY 9 N/O WINDWARD PARKWAY 1. 12872/12890 HWY 9 – FORMERLY MCMILLAN STRIP CENTERS NODE # 3 – HWY 9 S/O WINDWARD PARKWAY 1. 633 N. MAIN STREET – CLOSED BEVERAGE BUSINESS – WATERCREST 2. 621/611 N. MAIN STREET – VACANT BUILDINGS 3. 612 N. MAIN STREET – VACANT LOT S/O PUBLIC STORAGE NODE #4 – HWY 9 S/O BETHANY BEND ROAD 1. 13674 HWY 9 - SWEETLAND 2. 13690 HWY 9 – CITY OWNED 3. 13700 HWY 9 – PENN HODGE (QUE) 4. 13784 HWY 9 – VACANT N/O QUE NODE #5 – SR 140 (ARNOLD MILL RD. 1. 13450 ARNOLD MILL ROAD - GUNBY CONSTRUCTION 2. 13625 ARNOLD MILL ROAD – VACANT (BARTENFELD) 3. 13705 ARNOLD MILL ROAD – VACANT WITH OLD BUILDING (CHADWICK)