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HomeMy WebLinkAbout02-20-2013-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, February 20, 2013 Regular Council Meeting Agenda 6:00 PM INVOCATION - Pastor Jason Howard, Director of Adult Ministries with Stonecreek Church, Milton, Georgia 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. 13-038) 4) PUBLIC COMMENT 5) CONSENT AGENDA 1. Approval of the February 4, 2013 Regular City Council Meeting Minutes. (Agenda Item No. 13-039) (Sudie Gordon, City Clerk) MILTON CITY COUNCIL REGULAR COUNCIL MEETING FEBRUARY 20, 2013 Page 2 of 3 Persons needing special accommodations in order to participate in any City meeting should call 678-242-2500. 2. Approval of a Professional Services Agreement (Task Order) between the City of Milton and Stantec Consulting Services, Inc. for Additional Design Support for Birmingham Highway at Providence Road Intersection. (Agenda Item No. 13-040) (Carter Lucas, Public Works Director) 3. Approval of a Construction Services Agreement between the City of Milton and Engineered Restorations, Inc. for Bridge Deck Repairs to Wood Road Bridge over Chicken Creek. (Agenda Item No. 13-041) (Carter Lucas, Public Works Director) 4. Approval of a License Agreement and Email Distribution Agreement between the City of Milton and BrokerSavant, Inc. for Online Commercial Property Listings. (Agenda Item No. 13-042) (Jason Wright, Communications Manager) 6) REPORTS AND PRESENTATIONS 1. Proclamation Recognizing National Girl Scout Cookie Day 2013 (Presented by Mayor Joe Lockwood) 7) FIRST PRESENTATION (None) 8) PUBLIC HEARING (None) 9) ZONING AGENDA 1. Consideration of RZ12-15 - 15260 Hopewell Road by Reunion Park, LLC to Rezone from AG-1 (Agricultural) to H (Historic) District for the Existing Building to be Utilized as a Country Store on .5240 Acres. (Agenda Item No. 13- 032) (First Presentation at February 4, 2013 Regular Council Meeting) (Kathleen Field, Community Development Director) 10) UNFINISHED BUSINESS (None) 11) NEW BUSINESS 1. Consideration to Accept an Application for the Abandonment of a Portion of Black Oak Road. (Agenda Item No. 13-043) (Carter Lucas, Public Works Director) MILTON CITY COUNCIL REGULAR COUNCIL MEETING FEBRUARY 20, 2013 Page 3 of 3 Persons needing special accommodations in order to participate in any City meeting should call 678-242-2500. 2. Consideration of a Resolution Supporting Local Legislation by the Georgia House of Representatives and Senate Amending and Clarifying the City of Milton Charter. (Agenda Item No. 13-044) (Chris Lagerbloom, City Manager) 12) MAYOR AND COUNCIL REPORTS 13) STAFF REPORTS 14) EXECUTIVE SESSION (if needed) 15) ADJOURNMENT (Agenda Item No. 13-045) The minutes will be Provided electronically To: Honorable Mayor and City Council Members From: Sara Leaders, PE – Transportation Engineer Date: Submitted on February 8, 2013 for the February 20, 2013 Regular Council Meeting Agenda Item: Approval of a Professional Services Agreement (Task Order) Between the City of Milton and Stantec Consulting Services, Inc. for Additional Design Support for Birmingham Highway at Providence Road Intersection ______________________________________________________________________________ Executive Summary: Stantec, formerly Street Smarts, was selected as one of our on call planning and engineering consultants and they were approved by Mayor and Council on October 20, 2008. Stantec was selected for this task as the most qualified, already bid, on call consultant for this project. The work to be completed under this Agreement (the “Work”) is referenced in the Contract. Individual project work will be defined by task orders. This task order is subject to the terms and conditions of the Street Smarts - City master agreement dated November 12, 2008 and shall serve as authorization by the City of Milton to (“Consultant”) to perform the services described therein. This task order is for additional design services includes additional tasks for database preparation and the final plans phase of the roundabout intersection improvement project at Birmingham Hwy and Providence Rd. Funding and Fiscal Impact: The budget for this work will be from Capital Grant Fund (GDOT HPP Funds) and 80% is reimbursable from Federal Funds through GDOT. Legal Review: Paul Higbee, Jarrard & Davis on 1/31/13 Attachment(s): 13-SSI-01 HOME OF `THEBEST QUALITY OF LIFE IN GEORGIA' M1 LTONI ESTABLISHED 2006 PROFESSIONAL SERVICES AGREEMENT WITH STANTEC CONSULTING SERVICES, INC. DATED TASK ORDER 13 -SSI -01 ADDITIONAL DESIGN SUPPORT FOR BIRMINGHAM HWY AT PROVIDENCE RD INTERSECTION This TASK ORDER between the parties is entered into pursuant to the above referenced AGREEMENT (RFQ #08-001), incorporated herein by reference, and shall serve as authorization by City of Milton to Stantec Consulting Services Inc., successor in interest to Street Smarts, Inc. (referred to herein alternately as "Consultant" and "Stantec") to perform the services described herein pursuant to the terms and conditions, mutual covenants and promises provided herein and in the AGREEMENT (RFQ #08-001). Now therefore, the parties agree as follows: Description of PROJECT: The PROJECT consists of additional design services for intersection improvements to SR 372 Birmingham Hwy. @ CR 27 Providence/New Providence Rd. in North Fulton County, G.M.D. 121. Description of Work: The additional design services include additional tasks for database preparation phase and the final plans phase of the project. Additional easement staking on parcels 2 and 8 was requested as part of the settlement through right of way negotiation. This will be added part of the database preparation phase of the project. Design changes have been requested as part of right of way negotiation. These include revising the final plans to add driveways as requested, provide driveway profiles, provide exhibits for owners, adjust project limits, and adjust easement lines. Design Specifications and Guidelines The CONSULTANT shall coordinate the proposed services with any proposed construction plans and within the project limits. This TASK ORDER is subject to the terms and conditions of the original AGREEMENT (RFQ #08-001) entered between the parties. General Scope of Service: The WORK under this TASK ORDER is to be commenced upon CONSULTANT'S receipt from the City of a written "Notice to Proceed" (NTP) for each phase. The WORK will be completed within 12 months after Notice to Proceed. The CONSULTANT shall prepare a schedule showing milestone completion dates based on completing the WORK within 12 months (hereinafter referred to as the "Schedule for Completion"), excluding City review time. The Schedule for Completion will be revised to reflect the actual NTP date and will be updated as required throughout the project's duration. ©_y Your'- PHONE: 678.242.2500 1 FAX: 678.242.2499 ��m 'Green V *Certified* info@cityofmiltonga.us I www.cityofmiltonga.us WINNER Community I Eth;°f Leading the wayto 9usraiaabie LMmq 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 — CERTIFIED BRONZE — A 2 1 13 -SSI -01 Every 30 days commencing with the execution of this TASK ORDER, the CONSULTANT shall submit to the City a written report which shall include, but not be limited to, a narrative describing actual work accomplished during the reporting period, a description of problem areas, current and anticipated delaying factors and their impact, explanations of corrective actions taken or planned, and any newly planned activities or changes in sequence (hereinafter referred to as "Narrative Report"). No invoice for payment shall be submitted and no payment whatsoever will be made to the CONSULTANT until the Schedule for Completion, and the completion of Narrative Reports are updated and submitted to the City. In no event shall payment be made by the City to the CONSULTANT more often than once every 30 days. The CONSULTANT shall coordinate and attend periodic meetings with the CITY regarding the status of the TASK ORDER. The CONSULTANT shall submit to the City transmittals of all correspondence, telephone conversations, and minutes of project meetings. The fee shall be paid as provided in the AGREEMENT; however, CONSULTANT agrees that fees are earned pursuant to the WORK performed, which in no event shall exceed $7,373.97 the amount set forth in the attached Fee Schedule. Attachments: Attachment A — Fee Schedule CITY OF MILTON: COIF By: _ Title: Name: Date: 1-2 Title Name: / blby � Date: 'Z B EN r m � \ SS]nsrlOp \ / © m �C\j \ m \ SS +arylChie \ / © m $ 2 N 204*SS 7e h \ SyTch\ / CM m \ \ LO 2043:SS:Engineer c) m \ SS:Engineer t \ § 0 k 2 2 \ m \ / / q m m @ @ co SS +§m7 \ ƒ 2 \ k\F m Totals A f ( ( ��2200 § [ / E / § / / / § / 2 \ E \ / / QL § S \ 8 c. ƒ = 2 ¥ I [2 E35 n # d\//ƒ g / 7 3 y EI 2 /c . E 2 % na \ r � 204*SyMgr p % \ �C\j \ 7 204*SyPryl CM¥ q \ 73 $ 2 204*SS 7e h \ / mm \ \ 2043:SS:Engineer / / 2 2 \ \ / / 204*SS +§m7 / \ co IDS�2 k\F wRs Totals § / / / / § 2 \ E \ E QL f S 2 8 c. ca = 2 ¥ 2 [2 E35 d\//ƒ To: Honorable Mayor and City Council Members From: Carter Lucas, PE – Director of Public Works Date: Submitted on February 8, 2013 for the February 20, 2013 Regular Council Meeting Agenda Item: Approval of a Construction Services Agreement between the City of Milton and Engineered Restorations, Inc. for Bridge Deck Repairs on the Wood Road Bridge over Chicken Creek ______________________________________________________________________________ Department Recommendation: Approval. Executive Summary: This project is to perform routine maintenance to repair spalled areas on the Wood Road bridge deck over Chicken Creek. In accordance with the city procurement procedures 6 firms were solicited to secure a qualified contractor to complete this project. Engineered Restorations, Inc. was determined to be the lowest, reliable bidder. Staff is recommending approval of a Construction Services Agreement with Engineered Restorations, Inc. in the amount of $21,000.00. Firm Bid Engineered Restorations $ 21,000.00 Hitson Construction $ 63,000.00 Bellamy Bridge Builders No Bid Comanche Construction No Bid Rogers Bridge Company No Bid Sunbelt Structures No Bid Page 2 of 2 Funding and Fiscal Impact: Funding for this project is available in the Infrastructure/Bridge Replacement capital account. Alternatives: None. This is routine bridge maintenance per GDOT specifications. Legal Review: Paul Higbee – Jarrard & Davis (12/17/2012) Concurrent Review: Chris Lagerbloom – City Manager Attachment(s): Construction Services Agreement City of Milton CONSTRUCTION SERVICES AGREEMENT FOR Wood Road Bridge Deck Repairs This Agreement (the "Agreement") to provide bridge deck repairs is made and entered into this ay of 151,6, 2013, by and between the CITY OF MILTON, a municipal corporation of the State of Georgia, acting by and through its governing authority, the Milton City Council (hereinafter referred to as the "City"), Engineered Restorations, Inc. a Georgia corporation with its principal place of business located at 225 Buford Drive, Suite A, Lawrenceville, Georgia 30046(hereinafter referred to as the "Contractor"). WITNESSETH: WHEREAS, the City issued a Request For Bid for repairs to the Wood Road bridge deck; and WHEREAS, based upon Contractor's bid to construct and perform the repairs as required by the bid documents, the City has selected Contractor as the winning bidder, and WHEREAS, Contractor has agreed to perform such work as set forth in this Agreement, according to the terms and conditions provided in this Agreement; and WHEREAS, Contractor has familiarized itself with the nature and extent of the Contract Documents, the Project, and the Work, with all local conditions and federal, state and local laws, ordinances, rules and regulations in any manner that may affect cost, progress or performance of work, and Contractor is aware that he must be licensed to do business in the State of Georgia. NOW THEREFORE, the City and Contractor, in consideration of the mutual promises contained herein and other good and valuable consideration, the sufficiency of which is hereby acknowledged, agree as follows: Section I Contract Documents The following documents are incorporated herein by reference and constitute the Contract Documents: A. This Agreement ( 15 Pages); B. Request For Bid RFB (12 Pages), attached hereto as Exhibit "A"; C. Proposal and Bid from Contractor dated (4 Pages), attached hereto as Exhibit "B"; D. Performance and Other Bonds, attached hereto collectively as Exhibit "C"; E. Plans and specifications, attached hereto collectively as Exhibit "D", F. Contractor Affidavit and Agreement, attached hereto as Exhibit "E"; G. Subcontractor Affidavit, attached hereto as Exhibit "F"; H. Save Affidavit, attached hereto as Exhibit "G"; I. The following which may be delivered or issued after the Effective Date of the Agreement and are not attached hereto. All Written Amendments and other documents amending, modifying, or supplementing the Contract Documents if properly adopted in writing and executed by the Parties; and J. City of Milton Code of Ethics. In the event of any discrepancy among the Contract Documents, that provision that inures most to the benefit of the City, as determined by the City in its sole discretion, shall govern. Section 2 Project Description This project includes the sounding of the bridge and the removal and repair of all unsound surface concrete. Section 3 The Work The Work is specified and indicated in the Contract Documents (the "Work"). In the event of any discrepancy among the Contract Documents, the provision operating most to the benefit of the City, as determined by the City in its sole discretion, shall govern. The Work previously described includes all material, labor, insurance, tools, equipment, and any other miscellaneous items necessary to complete the Work as described. Contractor shall complete the Work in strict accordance with the Contract Documents. Section 4 Contract Time This Contract shall take effect on . Contractor agrees to complete the Project within 30 calendar days from the date of Notice to Proceed. Every effort will be made by Contractor to shorten this period. If the Term of this Agreement is longer than one year, the Parties agree that this Agreement, as required by O.C.G.A. § 35-60-13, shall terminate absolutely and without further obligation on the part of the City on December 31 each calendar year of the Term, and further, that this Agreement shall automatically renew on January 1 of each subsequent calendar year absent the City's provision of written notice of non -renewal to Consultant at least five (5) days prior to the end of the then current calendar year. Title to any supplies, materials, equipment, or other personal property shall remain with the Consultant until fully paid for by the City. Section 5 Contractor's Compensation; Time and Method of Payment Contractor shall be paid in one lump sum for the full agreed -to contract amount of $21,000. The City shall pay Contractor upon Final Completion of the Project as such is determined by the City, net thirty (30) days from the date of invoice. No payments will be made for unauthorized work. Upon the City's certification of Final Completion of the Project, an invoice should be submitted to Rick Pearce (Budget and Procurement Coordinator), for approval. 2 Payment will be sent to the designated address by U. S. Mail only; payment will not be hand - delivered. Section 6 Work Chanizes A. The City reserves the right to order changes in the Work to be performed under this Agreement by altering, adding to, or deducting from the Work. All such changes shall be incorporated in written change orders executed by the Contractor and the City. Such change orders shall specify the changes ordered and any necessary adjustment of compensation and completion time. If the Parties cannot reach an agreement on the terms for performing the changed work within a reasonable time to avoid delay or other unfavorable impacts as determined by the City in its sole discretion, the City shall have the right to determine reasonable terms and the Contractor shall proceed with the changed work. B. Any work added to the scope of this Agreement by a change order shall be executed under all the applicable conditions of this Agreement. No claim for additional compensation or extension of time shall be recognized, unless contained in a written change order duly executed on behalf of the City and the Contractor. C. The City Manager has authority to execute without further action of the Milton City Council, any number of change orders so long as their total effect does not materially alter the terms of this Agreement or materially increase the total amount to be paid under this Agreement. Any such change orders materially altering the terms of this Agreement or increasing the total amount to be paid under this Agreement in excess of $50,000, must be approved by resolution of the Milton City Council. Section 7 Covenants of Contractor. A. Ethics Code Contractor agrees that it shall not engage in any activity or conduct that would be in violation of the City of Milton Code of Ethics. B. Time is of the Essence Contractor specifically acknowledges that TIME IS OF THE ESSENCE for completion of the Project. C. Expertise of Contractor Contractor accepts the relationship of trust and confidence established between it and the City, recognizing that the City's intention and purpose in entering into this Agreement is to engage an entity with the requisite capacity, experience, and professional skill and judgment to provide the services in pursuit of the timely and competent completion of the Work undertaken by Contractor under this Agreement. D. Budgetary Limitations Contractor agrees and acknowledges that budgetary limitations are not a justification for breach of sound principals of Contractor's profession and industry. Contractor shall take no calculated risk in the performance of the Work. Specifically, Contractor agrees that, in the event it cannot perform the Work within the budgetary limitations established without disregarding sound principals of Contractor's profession and industry, Contractor will give written notice immediately to the City. E. City's Reliance on the Work The Contractor acknowledges and agrees that the City does not undertake to approve or pass upon matters of expertise of the Contractor and that; therefore, the City bears no responsibility for Contractor's services performed under this Agreement. The Contractor acknowledges and agrees that the acceptance of Work by the City is limited to the function of determining whether there has been compliance with what is required to be produced under this Agreement. The City will not, and need not, inquire into adequacy, fitness, suitability or correctness of Contractor's performance. Contractor further agrees that no approval of designs, plans, specifications, or work by any person, body or agency shall relieve Contractor of the responsibility for adequacy, fitness, suitability, and correctness of Contractor's professional and industry standards or for performing services under this Agreement in accordance with sound and accepted professional and industry principals. F. Contractor's Reliance of Submissions by the City Contractor must have timely information and input from the City in order to perform the services required under this Agreement. Contractor is entitled to rely upon information provided by the City, but Contractor shall be required to provide immediate written notice to the City if Contractor knows or reasonably should know that any information provided by the City is erroneous, inconsistent, or otherwise problematic. G. Contractor's Representative shall be authorized to act on ontractor's behalf with respect to the Work as Contractor's designated representative. H. Assignment of Agreement The Contractor covenants and agrees not to assign or transfer any interest in, nor delegate any duties of this Agreement, without the prior express written consent of the City. Responsibilily of Contractor and Indemnification of City The Contractor covenants and agrees to take and assume all responsibility for the 4 services rendered in connection with this Agreement. The Contractor shall bear all losses and damages directly or indirectly resulting to it on account of the performance or character of the services rendered pursuant to this Agreement. Contractor shall defend, indemnify and hold harmless the City, its officers, boards, commissions, elected and appointed officials, employees and agents from and against any and all claims, suits, actions, liability, judgments, damages, losses, and expenses, including but not limited to, attorney's fees, which may be the result of willful, negligent or tortuous conduct arising out of the Work, performance of contracted services, or operations by the Contractor, any subcontractor, anyone directly or indirectly employed by the Contractor or subcontractor or anyone for whose acts the Contractor or subcontractor may be liable, regardless of whether or not the negligent act is caused in part by a party indemnified hereunder. Such obligation shall not be construed to negate, abridge, or otherwise reduce any other right or obligation of indemnity which would otherwise exist as to any party or person described in this provision. In any and all claims against the City or any of its agents or employees, by any employee of the Contractor, any subcontractor, anyone directly or indirectly employed by the Contractor or subcontractor or anyone for whose acts the Contractor or subcontractor may be liable, the indemnification obligation set forth in this provision shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the Contractor or any subcontractor under workers' or workmen's compensation acts, disability benefit acts or other employee benefit acts. This obligation to indemnify and defend the City, its members, officers, agents, employees and volunteers shall survive termination of this Agreement. Contractor shall not be required to indemnify the City or its officers, boards, commissions, elected or appointed officials, employees or agents against liability or claims for damages, losses, or expenses, including attorney fees, arising out of bodily injury to persons, death, or damage to property caused by or resulting from the sole negligence of the City or its officers, boards, commissions, elected or appointed officials, employees or agents. Independent Contractor Contractor hereby covenants and declares that it is engaged in an independent business and agrees to perform the services as an independent contractor and not as the agent or employee of the City. The Contractor agrees to be solely responsible for its own matters relating to the time and place the services are performed; the instrumentalities, tools, supplies and/or materials necessary to complete the services; hiring of Contractors, agents or employees to complete the services; and the payment of employees, including compliance with Social Security, withholding and all other regulations governing such matters. The Contractor agrees to be solely responsible for its own acts and those of its subordinates, employees, and subcontractors during the life of this Agreement. Any provisions of this Agreement that may appear to give the City the right to direct Contractor as to the details of the services to be performed by Contractor or to exercise a measure of control over such services will be deemed to mean that Contractor shall follow the directions of the City with regard to the results of such services only. The Contractor shall obtain and maintain, at the Contractor's expense, all permits, licenses, or approvals that may be necessary for the performance of the services. The Contractor shall furnish copies of all such permits, licenses, or approvals to the City of Milton Representative within ten (10) days after issuance. Inasmuch as the City of Milton and the Contractor are contractors independent of one another neither has the authority to bind the other to any third person or otherwise to act in any way as the representative of the other, unless otherwise expressly agreed to in writing signed by both parties hereto. The Contractor agrees not to represent itself as the City's agent for any purpose to any party or to allow any employee of the Contractor to do so, unless specifically authorized, in advance and in writing, to do so, and then only for the limited purpose stated in such authorization. The Contractor shall assume full liability for any contracts or agreements the Contract enters into on behalf of the City of Milton without the express knowledge and prior written consent of the City. K. Insurance (1) Requirements: The Contractor shall have and maintain in full force and effect for the duration of this Agreement, insurance insuring against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Work by the Contractor, its agents, representatives, employees or subcontractors. All policies shall be subject to approval by the City Attorney to form and content. These requirements are subject to amendment or waiver if so approved in writing by the City Manager. (2) Minimum Limits of Insurance: Contractor shall maintain limits no less than: (a) Comprehensive General Liability of $1,000,000 combined single limit per occurrence for bodily and personal injury, sickness, disease or death, injury to or destruction of property, including loss of use resulting there from. (b) Comprehensive Automobile Liability (owned, non -owned, hired) of $1,000,000 combined single limit per occurrence for bodily and personal injury, sickness, disease or death, injury to or destruction of property, including loss of use resulting there from. (c) Professional Liability of $1,000,000 limit for claims arising out of professional services caused by the Contractor's errors, omissions, or negligent acts. (d) Workers' Compensation limits as required by the State of Georgia and employers Liability limits of $1,000,000 per accident. I (3) Deductibles and Self=Insured Retentions: Any deductibles or self-insured retentions must be declared to and approved by the City. (4) Other Insurance Provisions: The policy is to contain, or be endorsed to contain, the following provisions: (a) General Liability and Automobile Liability Coverage. (i) The City, its officials, employees, agents and volunteers are to be covered as insured as respects: liability arising out of activities performed by or on behalf of the Contractor; products and completed operations of the Contractor; premises owned, leased, or used by the Contractor; automobiles owned, leased, hired, or borrowed by the Contractor. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officials, employees, agents or volunteers. (ii) The Contractor's insurance coverage shall be primary noncontributing insurance as respects to any other insurance or self-insurance available to the City, its officials, employees, agents or volunteers. Any insurance or self-insurance maintained by the City, its officials, employees or volunteers shall be excess of the Contractor's insurance and shall not contribute with it. (iii) Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its officials, employees, agents or volunteers. (iv) Coverage shall state that the Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (v) Coverage shall be provided on a "pay on behalf' basis, with defense costs payable in addition to policy limits. There shall be no cross liability exclusion. (vi) The insurer agrees to waive all rights of subrogation against the City, its officials, employees, agents and volunteers for losses arising from work performed by the Contractor for the City. (vii) All endorsements to policies shall be executed by an authorized representative of the insurer. (b) Workers' Compensation Coverage: The insurer will agree to waive all rights of subrogation against the City, its officials, employees, agents and volunteers for losses arising from work performed by 7 the Contractor for the City. (c) All Coverages: (i) Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled, reduced in coverage or in limits except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. (ii) Policies shall have concurrent starting and ending dates. (iii) Policies shall include an endorsement incorporating the Indemnification obligations assumed by the Contractor under the terms of this Agreement, including but not limited to Section 7(I) of this Agreement. (iv) Policies shall include an endorsement incorporating the Indemnification obligations assumed by the Contractor under the terms of this Agreement, including but not limited to Section 7(I) of this Agreement. (5) Acceptability of Insurers: Insurance is to be placed with insurers with an A.M. Bests' rating of no less than A: VII. (6) Verification of Coverage: Contractor shall furnish the City with certificates of insurance and endorsements to the policies evidencing coverage required by this clause prior to the start of work. The certificates of insurance and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf: The certificate of insurance and endorsements shall be on a form utilized by Contractor's insurer in its normal course of business and shall be received and approved by the City prior to execution of this Agreement by the City. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. The Contractor shall provide proof that any expiring coverage has been renewed or replaced at least two (2) weeks prior to the expiration of the coverage. (7) Subcontractors: Contractor shall include all subcontractors as insured under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverage for subcontractors shall be subject to all of the requirements stated in this Agreement, including but not limited to naming the parties as additional insured. (8) Claims -Made Policies: Contractor shall extend any claims -made insurance policy for at least six (6) years after termination or final payment under the Agreement, whichever is later. (9) City as Additional Insured and Loss Payee: The City shall be named as an additional insured and loss payee on all policies required by this Agreement. L. Employment of Unauthorized Aliens Prohibited (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 "E" and "F" that it and Contractor's subcontractors have within the previous twelve (12) month period conducted a verification of the social security numbers of all employees who will perform work on the City contract to ensure that no unauthorized aliens will be employed. The City Manager or his/her designee shall be authorized to conduct an inspection of the Contractor's and Contractor's subcontractors' verification process to determine that the verification was correct and complete. The Contractor and Contractor's subcontractors shall retain all documents and records of its verification process for a period of three (3) years following completion of the contract. This requirement shall apply to all contracts for the physical performance of services where more than three (3) persons are employed on the City contract. The City Manager or his/her designee shall further be authorized to conduct periodic inspections to ensure that no City Contractor or Contractor's subcontractors employ unauthorized aliens on City contracts. By entering into a contract with the City, the Contractor and Contractor's subcontractors agree to cooperate with any such investigation by making its records and personnel available upon reasonable notice for inspection and questioning. Where a Contractor or Contractor's subcontractors are found to have employed an unauthorized alien, the City Manager or his/her designee may order the Contractor to terminate or require its subcontractor to terminate that person's employment immediately and to report same to the Department of Homeland Security. The Contractor's failure to terminate the employee, or otherwise cooperate with the investigation may be sanctioned by termination of the contract, and the Contractor shall be liable for all damages and delays occasioned by the City thereby. Compliance with the requirements of O.C.G.A. § 13-10-91 and Rule 300-10-1-.42 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 ❑.C.G.A. § 13-10-91 and Rule 300-10-1-.02 shall be attested by the execution of the contractor's affidavit attached as Exhibit "E." The above requirements shall be in addition to the requirements of State and federal law, and shall be construed to be in conformity with those laws. (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 "G", 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). M. Records, Reports and Audits (1) Records: (a) Records shall be established and maintained by the Contractor in accordance with requirements prescribed by the City with respect to all matters covered by this Agreement. Except as otherwise authorized, such records shall be maintained for a period of three years from the date that final payment is made under this Agreement_ Furthermore, records that are the subject of audit findings shall be retained for three years or until such audit findings have been resolved, whichever is later. (b) All costs shall be supported by properly executed payrolls, time records, invoices, contracts, or vouchers, or other official documentation evidencing in proper detail the nature and propriety of the charges. All checks, payrolls, invoices, contracts, vouchers, orders or other accounting documents pertaining in whole or in part to this Agreement shall be clearly identified and readily accessible. (2) Resorts and Information: Upon request, the Contractor shall furnish to the City any and all statements, records, reports, data and information related to matters covered by this Agreement in the form requested by the City. (3) Audits and Inspections: At any time during normal business hours and as often as the City may deem necessary, there shall be made available to the 10 City for examination all records with respect to all matters covered by this Agreement. The Contractor will permit the City to audit, examine, and make excerpts or transcripts from such records, and to audit all contracts, invoices, materials, payrolls, records of personnel, conditions of employment and or data relating to all matters covered by this Agreement. N. Conflicts of Interest Contractor agrees that it shall not engage in any activity or conduct that would result in a violation of the City of Milton Code of Ethics. O. Confidentiality Contractor acknowledges that it may receive confidential information of the City and that it will protect the confidentiality of any such confidential information and will require any of its subcontractors, consultants, and/or staff to likewise protect such confidential information. The Contractor agrees that confidential information it receives or such reports, information, opinions or conclusions that Contractor creates under this Agreement shall not be made available to, or discussed with, any individual or organization, including the news media, without prior written approval of the City. The Contractor shall exercise reasonable precautions to prevent the unauthorized disclosure and use of City information whether specifically deemed confidential or not. P. Licenses, Certifications and Permits The Contractor covenants and declares that it has obtained all diplomas, certificates, licenses, permits or the like required of the Contractor by any and all national, state, regional, county, local boards, agencies, commissions, committees or other regulatory bodies in order to perform the services contracted for under this Agreement. All work performed by Contractor under this Agreement shall be in accordance with applicable legal requirements and shall meet the standard of quality ordinarily expected of competent professionals. Q. [RESERVED] R. Authority to Contract The Contractor covenants and declares that it has obtained all necessary approvals of its board of directors, stockholders, general partners, limited partners or similar authorities to simultaneously execute and bind Contractor to the terms of this Agreement, if applicable. S. Ownership of Work All reports, designs, drawings, plans, specifications, schedules, work product and other materials prepared or in the process of being prepared for the services to be performed by the Contractor ("materials") shall be the property of the City and the City shall be entitled to full access and copies of all such materials. Any such 11 materials remaining in the hands of the Contractor or subcontractor upon completion or termination of the work shall be delivered immediately to the City. The Contractor assumes all risk of loss, damage or destruction of or to such materials. If any materials are lost, damaged or destroyed before final delivery to the City, the Contractor shall replace them at its own expense. Any and all copyrightable subject matter in all materials is hereby assigned to the City and the Contractor agrees to execute any additional documents that may be necessary to evidence such assignment. T. Meetings The Contractor is required to meet with the City's personnel, or designated representatives, to resolve technical or contractual problems that may occur during the term of the contract, at no additional cost to the City. Meetings will occur as problems arise and will be coordinated by the City. The Contractor will be given a minimum of three full working days notice of meeting date, time, and location. Face-to-face meetings are desired. However, at the Contractor's option and expense, a conference call meeting may be substituted. Consistent failure to participate in problem resolution meetings, two consecutive missed or rescheduled meetings, or to make a good faith effort to resolve problems, may result in termination of the contract. Section S Covenants of the City A. Right of Entry The City shall provide for right of entry for Contractor and all necessary equipment along the Bethany Bend Road right-of-way, in order for Contractor to complete the Work. B. City's Representative Carter Lucas, PE shall be authorized to act on the City's behalf with respect to the Work as the City's designated representative Section 9 Warranty Except as may be otherwise specified or agreed, the Contractor shall repair all defects in materials, equipment, or workmanship appearing within one year from the date of Final Completion of the Project at no additional cost to the City. An inspection shall be conducted by the City or its representative(s) near the completion of the one-year general warranty period to identify any issues that must be resolved by the Contractor. Section 10 Termination A. The City may terminate this Agreement for convenience at any time upon written notice to Contractor. In the event of a termination for convenience, Contractor shall take immediate steps to terminate work as quickly and effectively as possible and shall terminate all commitments to third -parties unless otherwise instructed by the City. Provided that no damages are due to the City for 12 Contractor's failure to perform in accordance with this Agreement, the City shall pay Contractor for work performed to date in accordance with Section 5 herein. The City shall have no further liability to Contractor for such termination. B. The City may terminate this Agreement for cause if Contractor breaches any material provision of this Agreement. The City shall give Contractor seven (7) days written notice of its intent to terminate the Agreement and the reasons therefore, and, if Contractor, or its Surety, fails to cure the default within that period, the termination shall take place without further notice. The City shall then make alternative arrangements for completion of the Project and deduct the cost of completion from the unpaid Contract Price. The City will make no payment to the Contractor or its Surety until all costs of completing the Project are paid. If the unpaid balance of the amount due the Contractor, according to this agreement, exceeds the cost of finishing the Project, the Contractor or its Surety will receive the applicable funds due. If the costs of completing the Project exceed the unpaid balance, the Contractor or its Surety will pay the difference to the City. C. If the City terminates this Agreement for cause, and it is later determined that the City did not have grounds to do so, the termination will be treated as a termination for convenience under the terms of this Section (A) above. D. Upon termination, the Contractor shall: (1) promptly discontinue all services affected, unless the notice directs otherwise; and (2) promptly deliver to the City all data, drawings, reports, summaries, and such other information and materials as may have been generated or used by the Contractor in performing this Agreement, whether completed or in process, in the form specified by the City. E. The rights and remedies of the City and the Contractor provided in this Section are in addition to any other rights and remedies provided under this Agreement or at law or in equity. Section 11 Miscellaneous A. Complete Agreement. This Agreement contains all of the understandings and agreements of whatsoever kind and nature existing between the parties hereto with respect to the subject matter contained herein. B. Governing Law. This Agreement shall be governed by and construed under the laws of the State of Georgia. C. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original, but all of which together shall constitute one and the same instrument. D. Invalidity of Provisions. Should any part of this Agreement for any reason be declared by any court of competent jurisdiction to be invalid, such decision shall not affect the validity of any remaining portion, which remaining portion shall continue in full force and effect as if this Agreement had been executed with the invalid portion hereof eliminated, it being the intention of the parties that they 13 would have executed the remaining portion of this Agreement without including any such part, parts or portions which may for any reason be hereafter declared invalid. E. Notice. All notices requests, demands and other communications hereunder shall be in writing and shall be deemed received, and shall be effective when personally delivered or on the third day after the postmark date when mailed by certified mail, postage prepaid, return receipt requested or upon actual delivery when sent via national overnight commercial carrier to the parties at the addresses given below, unless a substitute address shall first be furnished to the other parties by written notice in accordance herewith: NOTICE TO CITY shall be sent to: City of Milton Attn: City Manager 13000 Deerfield Parkway, Suite 107F Milton, Georgia 30004 NOTICE TO CONTRACTOR shall be sent to: Engineered Restorations, Inc. 225 Buford Drive, Suite A Lawrenceville, Georgia 30045 F. Sovereign Immunity. Nothing contained in this Agreement shall be construed to be a waiver of the City's sovereign immunity or any individual's qualified good faith or official immunities_ G. Force Majeure. Neither the City nor Contractor shall be liable for their respective non -negligent or non -willful failure to perform or shall be deemed in default with respect to the failure to perform (or cure a failure to perform) any of their respective duties or obligations under this Agreement or for any delay in such performance due to: (i) any cause beyond their respective reasonable control; (ii) any act of God; (iii) any change in applicable governmental rules or regulations rendering the performance of any portion of this Agreement legally impossible; (iv) earthquake, fire, explosion or flood; (v) strike or labor dispute, excluding strikes or labor disputes by employees and/or agents of Contractor; (vi) delay or failure to act by any governmental or military authority; or (vii) any war, hostility, embargo, sabotage, civil disturbance, not, insurrection or invasion. In such event, the time for performance shall be extended by an amount of time equal to the period of delay caused by such acts and all other obligations shall remain intact. H. Headings. All headings herein are inserted only for convenience and ease of reference and are not to be considered in the construction or interpretation of any provision of this Agreement. 14 IN WITNESS WHEREOF, the parties have caused this Agreement to he executed under seal as of the date first above written. SIGNED, SEALED, AND DELIVERED In the presence of: Witness (Corporate Secretary should attest) 1140 V4- 160 V Print Name Notary'Public [NOTARY SEAL] My Commission Expires: Engin ed Restorations, Inc. g ature Print Name /10 Title Q zo D •I� UST 18•; %'��G4•' �F (AFFIX CORPORATE SEAL] LU: �RpORA Te cr7 � Uj ap ITV. i�'•'• ••'��P• 111171110 MILTON CITY C IL: Joe Lockwood, ayar Notary Public [NOTARY SEAL] M�LCommission Expires: /� 2G, j°ilSV�G h r �' �/— EXHIBIT "A" REQUEST FOR BID i 'P Project R; c►t,,�, CLnk w 23 n f'hiilips f.dr P i [tnn LiS Rec Wood Road Bridge Resurfacing Project BIDS DUE December 11, 2012 BY 5:00 PM Wood Road City of Milton, Georgia Scope of Work The undersigned, as bidder, declares and represents that it has examined the site of the work and informed himself/herself fully in regard to all conditions pertaining to the place where the work is to be performed, including those conditions affecting the cost of the work and the delivery, handling and storage of materials and equipment. The bidder has examined and read the Bidding Document and has satisfied himself/herself that the Bidding Document is an adequate and acceptable reflection of the work which is required to be performed and that the bidder is willing and able to perform all of the work necessary. The bidder further certifies that no additional information is required to complete the work encompassed by this bid within the cost and schedule established and agreed upon within this bidding document. The bidder proposes and agrees that if this bid is accepted to contract with the City of Milton to provide all construction labor, materials, equipment, products, transportation, and other facilities and services as necessary and/or required to execute and complete the work in full in accordance with the scope of work provided to the full satisfaction of the City. THE BASE BID 1S THE AMOUNT UPON WHICH THE BIDDER WILL BE FORMALLY EVALUATED AND WHICH WILL BE USED TO DETERMINE THE LOWEST RESPONSIBLE BIDDER. The base bid may not be withdrawn or modified, except at the request of the City, for a period of sixty (60) days following receipt of the bids. This project shall be bid as Lump Sum contract. Submit any questions in writing to curter.lucas(a cityofiniltongu. us by Thursday, December 5, 2012. Return this sheet along with Exhibit "A" to carter.lucas@cityofwiltonga.us BIDS DUE DECEMBER 11, 2012 BY 5:00 PM Base Sid Amount (Company Name) (Signature) (Dollar Amount in Numbers) (Dollar Amount in Words) The City of Milton is requesting bids for the repair of the bridge deck on the Wood Road bridge over Chicken Creek. The entire bridge deck shall be sounded and ail unsound concrete shall be removed and patched in accordance with Georgia Department of Transportation Specifications the attached Special Provision 521-1000. The bridge is 120 feet long by 24.7 feet wide and was built in 1961. It is precast panel construction made up of 8 double tee precast panels_ 1.0 General Conditions a) Construction activity within 1000 feet on an occupied residence will be allowed Mon. -Fri. between the hours of 7:30 AM and 7:30 PM and Sat. between 8:30 AM and 5:00 PM. Construction activity more than 1004 feet from an occupied residence will be allowed Mon.- Fri. between the hours of 7:00 AM and 10:06 PM and Sat. between the hours of 8:30 AM and 6:00 PM. b) Contractor must notify the City of Milton (678) 242-2500, twenty-four (24) hours prior to beginning construction. c) Burial of construction materials is not permitted within the City of Milton. All construction materials and debris within the work area shall be properly disposed of by the contractor. d) Contractor shall provide all necessary tools, equipment, labor and materials to perform all work as defined in the following scope and schedule. e) All detours, lane closures, and traffic control shall be coordinated with the City of Milton. Include the cost of lane closures and traffic control in the price of the bid. It is intended that there will be as little disruption to the traveling public as practicable. One lane of traffic shall remain open at all times. Total closure of the bridge may be permitted on a restricted basis only with prior approval of the City of Milton. 2.0 Bonds a) In accordance with O.C.G.A. 324-119, where the specifications provided herein requires the construction, reconstruction or maintenance of public road and the bid provided is in an amount of $5,600 or more, the contractor shall provide the following bonds: 1. Performance and Payment bonds, each in the amount of 100% of the bid amount. 3.0 Insurance a) Requirements: The Contractor shall have and maintain in full force and effect for the duration of this Agreement, insurance insuring against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Work by the Contractor, its agents, representatives, employees or subcontractors. All policies shall be subject to approval by the City Attorney to form and content. These requirements are subject to amendment or waiver if so approved in writing by the City Manager. b) Minimum Limits of Insurance: Contractor shall maintain limits no less than: 1. 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_ 2. 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. 3. Professional Liability of $1,000,000 limit for claims arising out of professional services caused by the Contractor's errors, omissions, or negligent acts. 4. Workers' Compensation limits as required by the State of Georgia and employers Liability limits of $1,000,000 per accident. c) Deductibles and Self -Insured Retentions: Any deductibles or self-insured retentions must be declared to and approved by the City. d) Other Insurance Provisions: The policy is to contain, or be endorsed to contain, the following provisions: 1. General Liability and Automobile Liability Coverage. (i) The City, its officials, employees, agents and volunteers are to be covered as insured as respects: liability arising out of activities performed by or on behalf of the Contractor; products and completed operations of the Contractor; premises owned, leased, or used by the Contractor; automobiles owned, leased, hired, or borrowed by the Contractor. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officials, employees, agents or volunteers. (ii) The Contractor's insurance coverage shall be primary noncontributing insurance as respects to any other insurance or self-insurance available to the City, its officials, employees, agents or volunteers. Any insurance or self-insurance maintained by the City, its officials, employees or volunteers shall be excess of the Contractor's insurance and shall not contribute with it. (iii) Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its officials, employees, agents or volunteers. (iv) Coverage shall state that the Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (v) Coverage shall be provided on a "pay on behalf' basis, with defense costs payable in addition to policy limits. There shall be no cross liability exclusion. (vi) The insurer agrees to waive all rights of subrogation against the City, its officials, employees, agents and volunteers for losses arising from work performed by the Contractor for the City. (vii)All endorsements to policies shall be executed by an authorized representative of the insurer. 2. Workers' Compensation Coverage: The insurer will agree to waive all rights of subrogation against the City, its officials, employees, agents and volunteers for losses arising from work performed by the Contractor for the City. 3. All Coverages: (i) Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled, reduced in coverage or in limits except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. (ii) Policies shall have concurrent starting and ending dates. (iii) Policies shall include an endorsement incorporating the indemnification obligations assumed by the Contractor under the terms of this Agreement, including but not limited to Section 7(1) of this Agreement. (iv) Policies shall include an endorsement incorporating the indemnification obligations assumed by the Contractor under the terms of this Agreement, including but not limited to Section 7(1) of this Agreement. e) Acceptability of Insurers: Insurance is to be placed with insurers with an A.M. Bests' rating of no less than A: VII. f) Verification of Coverage: Contractor shall furnish the City with certificates of insurance and endorsements to the policies evidencing coverage required by this clause prior to the start of work. The certificates of insurance and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificate of insurance and endorsements shall be on a form utilized by Contractor's insurer in its normal course of business and shall be received and approved by the City prior to execution of this Agreement by the City. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. The Contractor shall provide proof that any expiring coverage has been renewed or replaced at least two (2) weeks prior to the expiration of the coverage. g) Subcontractors: Contractor shall include all subcontractors as insured under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverage for subcontractors shall be subject to all of the requirements stated in this Agreement, including but not limited to naming the parties as additional insured. h) Claims -Made Policies: Contractor shall extend any claims -made insurance policy for at least six (6) years after termination or final payment under the Agreement, whichever is later. i) City as Additional Insured and Noss Payee: The City shall be named as an additional insured and loss payee on all policies required by this Agreement. 4.0 Material, Equipment and Employees a) All materials shall be new and of quality specified, except where reclaimed material is authorized herein and approved for use. Workmanship shall at all times be of a grade accepted as the best practice of the particular trade involved, and as stipulated in written standards of recognized organizations or institutes of the respective trades except as exceeded or qualified by the specifications. b) No changes shall be made in the Work except upon written approval and change order of the City. c) Products are generally specified by ASTM or other reference standard and/or by manufacturer's name and model number or trade name. When specified only by reference standard, the Contractor may select any product meeting this standard, by any manufacturer. When several products or manufacturers are specified as being equally acceptable, the Contractor has the option of using any product and manufacturer combination listed. d) The contractor shall be aware that the cited examples are used only to denote the quality standard of product desired and that they do not restrict bidders to a specific brand, make, manufacturer or specific name; that they are used only to set forth and convey to bidders the general style, type, character and quality of product desired; and that equivalent products will be acceptable. Substitution of materials, items or equipment of equal or equivalent design shall be submitted to the City for approval or disapproval; such approval or disapproval shall be made by the City prior to the opening o€bids. e) If at any time during the completion of the work covered by these contract documents, the conduct of any employee of the contractor or sub -contractors is considered by the City to detrimental to the work or reflect poorly upon the City, the Contractor shall order such parties removed immediately from the site. f) The contractor shall designate a foreman/superintendent who shall direct the work. 5.0 Utilities a) The contractor shall be required to coordinate and manage any and all utility locates and/or relocations within the scope of this project. 6.0 Performance a) All work performed shall be in accordance the Georgia Department of Transportation Standard Specifications, latest edition, and Special Provision 52 1 -1000 as provided herein. Where any conflict may occur between the regulations the more stringent requirement shall apply unless otherwise directed in writing by the City. The entire bridge deck shall be sounded to determine areas of damaged concrete. All damaged areas shall be removed and repaired. b) The Contractor shall comply with the MUTCD and the State of Georgia Department of Transportation standards for traffic control. c) The Contractor shall obtain the required permits, if required, give all notices, and comply with all laws, ordinances, codes, rules and regulations bearing on the conduct of the work under this contract. If the Contractor observes that the drawings and specifications are at variance therewith, he shall promptly notify the City in writing. If the Contractor performs any work knowing it to be contrary to such laws, ordinances, codes, rules and regulations, and without such notice to the City, he shall bear all cost arising there from. 7.0 Safety Requirements a) The Contractor shall be responsible for the entire site and the construction of the same and provide all the necessary protections as required by laws or ordinances governing such conditions and as required by the City. Contractor shall be responsible for any damage caused either directly or indirectly by himself, his personnel or his sub -contractors, and shall make good such damages. b) The contractor shall comply with all current State and Federal construction safety regulations, including OSHA regulations. c) The Contractor must maintain a safe work zone for their employees, pedestrians, and vehicular transportation. All work shall be inspected and approved by the City of Milton Department of Public Works (MDPW). d) The Contractor shall provide all necessary safety measures for the protection of all persons on the work. Contractor shall clearly mark or post signs warning of hazards existing, and shall barricade excavations and similar hazards. He shall protect against damage or injury resulting from falling materials and he shall maintain all protective devices and signs throughout the progress of the work. 8.0 Wetlands and Stream Buffers a) No work shall be permitted within any designated wetland or stream buffer area without prior written approval of the City. Wetland areas and Stream buffers shall be designated by the City prior to the issuance of a notice to Proceed. 9.0 Clean-up a) The Contractor shall keep the sites and surrounding area reasonably free from rubbish at all times and shall remove debris from the site from time to time or when directed to do so by the City. Before final inspection and acceptance of the project, the Contractor shall thoroughly Glean the sites, and completely prepare the project and site for use by the City. 10.0 Schedule a) Project shall begin within 30 business days of the Notice to Proceed and be completed in satisfactory manner, as deemed by City, within 30 business days from the date of issuance of the Notice to Proceed. Date: October 31, 2012 DEPARTMENT OF TRANSPORTATION STATE OF GEORGIA SPECIAL PROVISION Wood Road Bridge City of Milton, Georgia SECTION 521 - PATCHING CONCRETE BRIDGE STRUCTURES 521.1 General Description This work includes patching of substructure or superstructure concrete bridge components by removing the broken, damaged, or disintegrated concrete, cleaning existing reinforcement, adding supplemental reinforcement when required, and patching with approved conventional or accelerated Portland cement concrete or rapid setting patching materials according to this Specification and as shown on the Plans. 521.1.01 Definitions General Provisions 101 through 150. "Sound" - the act of striking a concrete surface with a chipping hammer or similar tools to detect unsound concrete. 521.1.02 Related References A. Standard Specifications Section 500—Concrete Structures Section 504—Twenty-Four Hour Accelerated Strength Concrete Section 511 --Reinforcement Steel Section 853—Reinforcement and Tensioning Steel Section 886—Epoxy Resin Adhesives Section 934—Rapid Setting Patching Materials for Portland Cement Concrete B. Referenced Documents QPL 10 QPL 27 521.1.03 Submittals General Provisions 101 through 150. 521.2 Materials Ensure that the materials used to repair and patch bridge components meet the following requirements., A. Portland Cement Concrete Patching Materials Conventional Portland Cement Concrete (Repair Method 1) a. Use Class "A" or Class "AA" concrete or as indicated on the Plans. b. Meets the requirements of Section 500 of the Specifications. c. Use concrete manufactured at plants that qualify as approved sources according to the Standard Operating Procedure for Ready Mix Concrete. See QPL 10 for a list of approved plants. 2. Twenty -Four Hour Accelerated Strength Concrete (Repair Method 2) a. Meets the requirements of Section 504 of the Specifications, except that the use of a portable concrete mixer is required. B. Rapid Setting Patching Materials (Repair Method 3) 1. Use rapid setting patching materials meeting the requirements of Section 934. See QPL 27 for a list of approved patching materials. Patching materials not listed on QPL 27 will require testing and approval by the Office of Materials and Research before use. 2. When shown on the Plans, use Type 111 rapid setting patching material to patch vertical and overhead repair areas. 521.2.01 Delivery, Storage, and Handling General Provisions 101 through 150. 521.3 Construction Requirements 521.3.011 Personnel General Provisions 101 through 156. 521.3.02 Equipment To clean the repair areas, use air compressors equipped with traps that can remove surplus water and oil in the compressed air. Ensure that the compressor can deliver compressed air at a continuous pressure of at least 90 psi (620 kPa). The Engineer will check the compressed air daily for contamination. Do not use contaminated air. 521.3.03 Preparation A. Limits of Repair Contractor shall sound and determine the extent of all damaged areas and repair al l patches. Determine limits of patch repair as follows: 1. "Sound" concrete surface with visual defects to determine the limits of the damaged areas. Strike the surface with a chipping hammer or similar tools to detect unsound concrete. Concrete that is loose or exhibits a flat or hollow sound is considered unsound, Omit any defect for repair that is less than 1 in. by 6 in. by 0.5 in. (25 by 150 by 12 mm) deep. 2. Mark the limits of the defective areas on the concrete surface by making a rectangle 2 in. (50 mm) beyond the outer limits of the unsound concrete area as a guide for saw cuts. 3. Combine patched areas less than 6 in. (150 mm) from each other as one patch area. 4. Obtain approval from the Engineer on the limits of each repair prior to saw cutting. B. Concrete Removal 1. Saw the rectangular marked areas a minimum of 1 in. (25 mm) deep or as shown on the plans. Exercise extreme care not to saw or damage the reinforcing steel. 2. Remove unsound material within the sawed area to a minimum depth of 2 inches for unreinforced concrete or 0.5 mn (l2 mm) below the reinforcing steel or as shown an the Plans with power chipping or hand tools. Pneumatic hammers heavier than 15 lb. class nominal (30 lb. maximum) are not permitted. Exercise extreme care not to saw or damage the reinforcing steel. 3. Operate pneumatic hammers and chipping tools at an angle not to exceed 60 degrees relative to the surface of the concrete. After starting the too] in the vertical position, immediately tilt the too] to a 60 degree operating angle. 4. Do not damage or fracture the sound concrete substrate to be left on the bottom of the patch area. Do not use sharp pointed bits. C. Surface Preparation 1. Clean all exposed reinforcing steel of all rust and corrosive products including oil, dirt, concrete fragments, loose scale and any other coating of any character that would destroy or inhibit the bond with the patching material. 2. Immediately before placing the patching material, thoroughly clean the surfaces within the repair areas by sandblasting and air blasting to remove oil, dust, dirt, slurry from saw operation, and other contaminants. 3. Place fonnwork as required to complete patch repair. Provide access in formwork for placement of patch material. 4_ Ensure that the finished surface meets a surface tolerance of 1116 in. (1.5 mm)_ 5. Use approved measures as necessary to keep the adjacent concrete surfaces free of excess grout and other materials. 5213.04 Fabrication General Provisions 101 through 150. 521.3.05 Construction A. Concrete Patching Patch concrete safely and rapidly to minimize inconvenience to the traveling public. 1. Accomplish this work with other operations in progress within an area if possible. 2. Remove and replace completed patches that contain cracks, shrinkage, compression failures, or are damaged by construction or traffic before Final Acceptance at no cost to the Department. B. Placing Patching Material Only use Repair Method 1 with the class of concrete on bridge components designated on the Plans. Use Repair Method 2 unless the Engineer gives written approval to use Repair Method 3. Use Repair Method 1 and 2 when the average daily temperature is 50 'F (10 'C) or above. Use of Repair Method 3, if approved, is limited to the manufacturer's written recommendations. For the Following repair methods, begin the placement when the surface within the repair area is dry and thoroughly free of contaminants. I . Repair Method 1: Conventional Portland Cement Concrete a. Completely coat the concrete surface areas within the repair area with a film of Type II epoxy adhesive as specified in Section 886 approximately 10 to 20 mils (4.25 to 0.50 mm) thick or according to the manufacturer's written recommendations. b. Deposit the concrete in the repair area while the epoxy is still tacky. Vibrate it to form a dense, homogeneous mass of concrete that completely fills the patch area. C. Screed the concrete to the proper grade and do not disturb it until the water sheen disappears from the surface. d. Cover the concrete with wet burlap or membrane curing compound. Allow the curing to continue until the required minimum design compressive strength is achieved as designated by the class of concrete used or as shown on the Plans. Complete curing prior to transferring load to the repaired section. 2. Repair Method 2: Twenty -Four Hour Accelerated Strength Concrete a. Prepare, remove and place as outlined in Subsections 521.3.03 and 521.3.05.13 and 521.3.05.B.1. b. Mix the concrete on site in a portable mixer of adequate capacity. Obtain approval for the mix design and mixing method from the Office of Materials and Research. The material must meet a slump range of 1.0 to 3.0 in. (25 to 75 mm). 3. Rapid -Setting Patching Material a. In addition to the requirements outlined in Subsection 521.3.03, prepare the surfaces in the repair areas according to the manufacturer's written recommendations. b. Perform the patching material handling, mixing, placing, consolidating, finishing, and curing according to the manufacturer's written recommendations as approved by the Office of Materials and Research. C. Continue curing until a minimum design compressive strength of 3,000 psi (20 MPa) or as shown on the Plans is achieved. Complete curing prior to transferring load to the repaired section. C. Special Requirements The following special requirements apply to this work: I , During sandblasting, protect traffic in adjacent travel lanes. 2. After the sandblasting operations: a. Thoroughly clean the area to be repaired with compressed air. b. Remove sand from the sandblasting operation from adjacent concrete surfaces. 3. Do not "over -cut" concrete surfaces beyond marked areas whenever possible. 4. Remove saw slurry and other contaminates from the over -cutting. 5. Repair the over -cuts by filling full -depth with an approved low -viscosity epoxy compound using a Type II epoxy adhesive specified in Section 886. Make these repairs as soon as possible. 521.3.06 Quality Acceptance General Provisions 101 through 150. 521.3.07 Contractor Warranty and Maintenance General Provisions 161 through 150. 521.4 Measurement The area measured for payment is the number of square feet (meters) of patching complete in place and accepted. 521.4.01 Limits General Provisions 101 through 150. 521.5 Payment The area measured as specified above will be paid for on a lump sum basis for the completion of all work associated with the bridge deck repair. Payment is full compensation for equipment, tools, labor, incidentals to complete the work, including but not limited to: ■ Removing existing patching material or the spalled, broken, or damaged concrete ■ Cleaning the open area by sandblasting ■ Furnishing, placing, finishing, and curing the patching material ■ Supplemental reinforcement Payment will be made under: Item No. 521 Patching concrete bridge Per square foot (meter) 521.5.01 Adjustments General Provisions 101 through 150. EXHIBIT G°A" **** THIS FORM IS TO BE RETURNED WITH THE SID SHEET **** STATE OF GEORGIA CITY OF MILTON 10 ,7Tai Co] ;IM► 01011 IMMA i t►►111:T" R a 0171:1►h I 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 Basic Pilot Program User Identification Number BY: Authorized Officer or Agent Date Print Name of Firm Title of Authorized Officer or Agent of Contractor Printed Name of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE DAY OF , 201 Notary Public My Commission Expires: EXHIBIT "B" BID FROM CONTRACTOR EN0) 1NEERED Z R PCTnP ATXC-)NS INS I Waterproofing & Restoration - Structural & Architectural 225 Buford Drive • Lawrenceville, Georgia 30046 {770} 682-0650 Fax (770) 682-0403 December 10, 2012 Mr, Carter Lucas, PE Director of Public Works City of Milton, GA 13000 Deerfield Parkway, Suite 107G Milton, GA 30004 carter_Iucas clt ofmilton a.us Re: Wood Road Bridge Resurfacing Engineered Restorations, Inc. (ERI), a licensed Georgia General Contractor, Utility Contractor, and Engineering Firm is pleased to provide this proposal for the Wood Road Bridge Resurfacing Project. In addition to the above, ERI is a Prequalified Contractor with the Georgia Department of Transportation. Our bridge repair experience is extensive. In so far as the above project, we take no exceptions to the specifications, although due to the time of year and expected temperatures, we will most likely use either Repair Method 2 or Rapid Setting Patching Material. If repair Method 1 is used it would require overnight closures due to slow cure times. General rule for material selections: 1. Repair Method 2 + Use when the majority of areas are greater than 2" deep. + Use when material will reach initial cure at temperatures above 50°. Rapid Setting Patching Material + Use when majority of repair areas are less than 2". Extend with aggregate over 1" deep. + Use when temperatures may drop below 500 or above 400 during cure. Regardless, repairs to be made in accordance with current GDOT Standard Specifications. We understand that Payment and Performance Bonds will be required and have included this cost in our pricing. Please find attached a "Sample" or "Bid Purposes" Insurance Certificate. If you require any lames Parnell Sr. Project Manager r information, please contact me. 1V v Stopel of Work b qhdareigned, as bidder, declares and represoqts that. It has examined the site of the Wo rk and I fp -7d himselfftrself fully In regard to all bonditibns pertaining to the place where the Work is to be e a ad, Including those conditions affecting the,cost of the work and the delivery, handling and of materials and squ Ip ment. The bidder has examined and read the Bidding Doctment and has 6CLM811t Is an adequate acceptable reflection of the work F$ap.j� I himself1herself that the Bidding C, 11 of the work Is required to be performed and that the bid er Is willing and able to perform a ahieolssary, The bidder further certifies that nb additlonal ijkformatio6 is r6qujr�d to complete the work Mpassed by this bid within the cost and schadUe est I ablished and agreed d Upon within this bidding 6c 0�nt. h bidder r proposes and agrees that N this bid Is apapted to contract with the City of Milton to provide all 0 tctlon labor, materials, equipment, products transportatlon, and other facilities and services as r requ [red to execute and compl thewbrk in full in accordance with th� 'Scope of 'work a ' 1;dt,.the 'full satisfaction of the City BASE BID IS THE AMOUNT UPON WHICH TF15 BIDDER WILL BE FORMALLY EVALUATED AND 1,16�11 WILL BE USFD TO DETERMINE THE LOWEST'RF-SPONSIBLE Bibi)ER he; 1*'sa bid may not be withdrawn or modified, e eptattherequest ofthe rOlty,Tor aperI period of sixty (60) L �c I following receipt of the bids. inject shall be bld as; Lump Sum contract M qny questions In writing to carter.lucasICA '111 Iltbri a by Thursday, December 6, 21012. te Wn this sheet along with Exhibit 'WI� to ca-rter.lueas@cltyofm11tonga.us BIDS DUE DECEMPER '11, 2012 BY x:00 PM, Pi 01 Engi ne ered Restorations, 1 no. I me) Ignature) 21,000.00 Tollar Amount in Numbers) k Twenty One Thousand Dollars !(I1?ol1ar Amount In Words) 01 a DATE IMMiODNYYY1 AC40RVCERTIFICATE OF LIABILITY INSURANCE 11/1/2012 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the policy(les) 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 certlflcate holder in Ileu of such endo rsement(s). TACT PRODUCER NAME: Employer Services Group, Inc. t- . 678-672-2460 FAx (770)821-e-310 203 Bombay Lane pMA0. . stephania@cominsure.us R4sme11 GA, 34076 INSURERA:United S20cialtv Insurance Co. INSURED INSURERElGran a Mutual Insurance Co. 11982 Engineered Reatorations Inc. INSURERCRSUI 22314 225 Buford Dr. INSURER DBr'id efield Casualty Insurance 10335 INSURERE:I11iDOiB Union Insurance Co Lawrenceville GA 30046 INSURERP: COVERAGES CERTIFICATE NUIIRBER�2012-2013a REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PER 100 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 1S SUBJECT TO ALL THE TERMS. EXCLUSIONS ANTI CONDITIONS OF SUCH POLICIES. LJMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR R TYP£OFINSURANCE7V01231883 OUCYNUMBER A122M POLICY DNr LIMITS GENERALUABIUTY EACH OCCURRENCE Is 1,000,000 DA =70-17PI791T PREMISES rrenc S 50,000 X COMUrRCLAL GENERAL LIABILITY MED EXP Wq oneperwn) $ Exclude A Cl -AIMS -MADE � QCCUR 1/5/2012 1/5/2013 PERSONAL & ADV INJURY $ 1, 0D D , 0 00 GENERAL AGGREGATE S 2,000,000 GEMLAGGREGATE LIMIT APPLIESPER: PRODUCTS-COMPIOPAGG $ 2,000,000 $ POUCY X PRO LOC AUTOMOBELE lIAl3lLrfY OEa amldenlSiNGLE LIMIT1 00,000 BODILY INJURY (For per`wn) S 8 ANY AUTO ALLOWNEO X SCHERt1LELT PP2312977-07 11/5/207..2 1/5/2013 BODILY JNJU RY (Per acddwt) $ AUTOS AU70SNON-OEt7 X X PROPERTY DAMAGE $ " HIREDAUTOS AUTOS $ Unlnsuredrmleristcombined 500 000 ][ UMURELLA LIAB X OCCUR EACH OCCURRENCE S 10,000,000 AGGREGATE $ $10,000,000 C E%CESSLIAB CLAIMS-NA101- �HA061646 OE{7 x RETENTIONS lo $ 1/5j2012 11/5/2013 WORKERS COMPENSATION X 1hG STATU- OT - AND EMPLOYERS' LIAe1LITY ANY PROPRIETORMARTNERC-XECUTIVE E.L. EACH ACCIDENT S 500 000 EL DISEASE - EA EMPLOYE $ 500,000 D OFFICER(MEMSERWLUDE07 El {Mandatory In NH) NIA 93-01631 1/5/2012 11/5/2013 E.L"DISEASE - POLICY LIMIT S 500,000 If yyes aSelGeunder DESGIRJPTION OF OPI=RATIONS Glow E Professional /Pollution 24173574 003 1/5/2012 1/5/207.3 >=achclalm+Condi6m $2,000,000 General Aggregate $2,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ARach ACORD 401, Additional Remarks Schedule. If more space is requlred) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. For Bid Purposes AUTHORIZED REPRESENTATIVE Hales/SVT{ T r� ACORD 25 (2010106) Q 1988-2014 ACORD CORPORATION. All rights reserved. INSn25 ewinLrn m Tha Ae'r1RTT nam- and Innn aro ranIQtPrnrl marlrc of Ar`nprl sr" GEORGIA CITY 0E NIlLTON :.' CONTRACTOR AFIi ViI AND AGREEMENT By eic ilting this affidavit, the undersigned contractor r fie its compliance with O.C.G.A.'.§ J3-10-911' .. is the Cit of Milton has sta'ting,Armatively that the individual, firm, or corpo tion which contracting:with regi�0e4.with and is participating in a federal work a riAtion program, in accordance with the apiilioftity.provisions and deadlines established in 0, .G -TAI § 13-10-91. ' Tkie ;t ' Air'signed farther•agrees that, should it etriplay contract with any subcontractor(s) in connection with the.,physieal pexformance of services pursuant to this ttGraCt with the City of Milton, contractor will secure froir s .subcontractor(s) similar verification of corn liance:with O.C.G.A. § 13-10-91 on the Subcontractor Akda provided in Rule 300-10-01-.08 in the forms p videdby. the city. Cont�aotor furthei agrees to moi taiia'records of such compliance and provide a cc of each such verification to the City'dMilton at the tin t�e:stfbcontractor(s) is retained to perfoM such. ' i ons' ;bc i E) V J Program User Identifica�ionNr .Ii it)aorized Officer or Agent Date En' in' Bred Restorations, Inc. j Print Nim- e of Firm Ts le ,-01- iorixed Officer or Agent of Contractor `d. t I ,�•." `�'arneil 1 • Pr�atq� an16 of Authorized Officer or Agent ►�q!!!l11�� Arm swaRrl S6CiJBED�gsio B60, ME ON THIS THE 1� ,• o �. .• �]P,.YOF t)ecember — 3�" �OTAA? 1d•' 21712 p o 13 N; lio My doil?trussion Expires: • �'• C,, �, 1 �;�q1 ilk `•�':• I F EXHIBIT "C" BUNDS PERFORMANCE BOND CITY OF MILTON, GEORGIA Bond No. 7652922 KNOW ALL MEN BY THESE PRESENTS THAT Engineered Restorations, Inc. (as CONTRACTOR, hereinafter referred to as the "Principal"), and Westfield Insurance company (as SURETY COMPANY, hereinaftcr referred to as the "CONTRACTOR'S SURETY"), are held and firmly bound unto the City of Milton, Georgia (as OWNER, hereinafter referred to as the "City"), for the use and benefit of any "Claimant," as hereinafter defined, in the sum of twenty one thousand dollars and zero cents ($21,000), lawful money of the United States of America, for the payment of which the Principal and the Contractor's Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has entered, or is about to enter, into a certain written agreement with the City, dated the of , 201_ which is incorporated herein by reference in its entirety (hereinafter referred to as the "CONTRACT"), for the wnsvuction of a project known as Wood Road bridge deck repairs, (hereinafter referred to as "the PROJECT'. NOW THEREFORE, the conditions of this obligation are as follows: That if the Principal shall fully acid completely perfortna each and all of the terrns, provisions and requirements of the Contract, including and during the period of any warranties or guarantees required thereunder, and all modifications, amendments, changes, deletions, additions, and alterations thereto that may hereafter be made, and if the Principal and the Contractor's Surety shall indemnify and hold harmless the City from any and all losses, liability and damages, claims, judgments, liens, costs and fees of every description, including but not limited to, any damages for delay, which the City may incur, sustain or suffer by reason of the failure or default on the part of the Principal in the performance of any and all of the terms, provisions and requirements of the Contract, including all modifications, amendments, changes, deletions, additions, and alterations thereto and any warranties or guarantees required thereunder, then this obligation shall be void; otherwise to remain in full force and effect; �- In the event of a failure of performance of the Contract by the Principal, which shall include, but not be limited to, any breach of default of the Contract - a. The Contractor's Surety shall commence performance of its obligations and undertakings under this Bond no later than thirty (30) days after written notice from the City to the Contractor's Surety; and b. The means, method or procedure by which the Contractor's Surety undertakes to perform its obligations under this Bond shall be subject to the advance written approval of the City. The Contractor's Surety hereby waives notice of any and all modifications, omissions, additions, changes and advance payments or deferred payments in or about the Contract, and agrees that the obligations undertaken by this Bond shall not be impaired in any manner by reason of any such modifications, omissions, additions, changes, and advance payments or deferred payments. The Parties further expressly agree that any action on this Bond may be brought within the time allowed by Georgia law for suit on contracts under seal. IN WITNESS WHEREOF, the principal and Contractor's Surety have hereunto affixed their corporate seals and caused this obligation to be signed by their duly authorized officers or attorneys -in -fact, this 3� day of , AL3 . Date:_ x/53 , &J If F Attest: Date: January 14, 2013 EngifieetVd Restorations, Inc. o Rq T ►��i Y' kPZ cc f 31 i �,� ►'`►G E e i ► �R� (Name of Contractor's Surety) Westfield Insuran CoMpan By: Title: Gary Spuller, A❑rney in Fact (SEALL) (ATTACH SURETY'S POWER OF ATTORNEY) Genera! POWER NO. 1011352 14 Power Westfield Insurance Co. of Attorney Westfield National Insurance Co. CERTIFIED COPY Ohio Farmers Insurance Co. Westfield Center, Ohio Know All Men by These presents, That WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL, INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY, corporations, hereinafter referred to individually as a "Company- and collectively as 'Companies,' duly organized and existing under the Paws of the State of Ohio, and having Its principal office in Westfield Center, Medina County, Ohio, do by these presents make; constitute and appoint P. D. YATES, JR., P. D, YATES, III, ALAN R. YATES, KEVIN M. NEIDERT, MICHAEL L. ANGEL, KAREN A. MAYNARD, TAMARA HENDRIX, BETSY J. HOLMES, MARIE M. HARTLEY, MICHAEL S. BRICKMER, BRIAN K. HUGHES, EMMETT H. HALL, DANIEL YATES, GARY SPULLER, DANA D. RUTLEDGE, JOINTLY OR SEVERALLY of ATLANTA and State of GA its true and lawful Attorneys) -fn -Fact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bands, recagnizari"s, undertakings, or other instruments or contracts of suretyship - -- - -- •-•- - -- --- - - -- ---- --- --- ---- -- - - -- -- - LIMITATIOW THIS POWER OF ATTORNEY CANNOT BE USED TO EXECUTE NOTE GUARANTEE, MORTGAGE DEFICIENCY, MORTGAGE GUARANTEE, OR BANK DEPOSITORY BONDS. and to bind any of the Companies thereby as fully and to the same extent as it such bands were signed by the President, seaSed with the corporate seal of the applicable Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorneys) -in -Fact may do In the premises. Said appointment is made under and by authority of the following resolution adopted by the Board of Oirectors of each of the WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY: 'Be It Resolved, that the President, any Senior Executive, any Secretary or any Fidelity & Surety Operations Executive or other Executive shall be, and is hereby vested with full power and authority to appoint any one or more suitable persons as Attorney(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: The Attorney -fn -Fact may be given tulI power and authority for and in the name of and on behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognisances, contracts, agreements of indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attarney-in-Fact shall be as binding upon the Company as if signed by the President and sealed and attested by the Corporate Secretary." 'Ge It Further Resolved, that the signature of any such designated person and the seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by tacsimife, and any power of attorney or certificate bearing facsimile signatures or facsimile seal shalt be Valid aro binding upon the. Company with respect to any gond or undertaking to which it is attached." (Each adopted at a meeting held on February 8, 2000), In Witness Whereof, WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY have caused these presents to be signed by their Senior Executive and their corporate seals to be hereto affixed this 28th day of SEPTEMBER A -D., 2WEI . Corporate f'syAA"' h� .•'SynNq 'r'• +Noy WESTFIELD INSURANCE COMPANY Seals �� ...... VCS . .: �v ..........�`eG : '' �^ WESTFIELD NATIONAL INSURANCE COMPANY Affixed°'. �, ?a: •.� OHIO FARMERS INSURANCE COMPANY '_�=' �Ill11kT£1�'p�' a SEAL 1 � : m : ' a? 19419 ! /1 State of Om❑ By: County of Medina ss.: Richard L. Kinnaird, Jr., Senior Executive On this 28th day of SEPTEMBER A,D., 2008 , before me personalty came Richard L. Kinnaird, Jr. to me known, who, being by me duly sworn, did depose and say, that he resides in Medina, Ohio; that he is Senior Executive of WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY, the companies described in and which executed the above instrument: that he knows the seals of said Companies: that the seals affixed to said instrument are such corporate seals; that they were so affixed by order of the Boards of Directors of said Companies; and that he signed his name thereto by like order. Notarial .rr Seal RI A L Affixed William J. Kahelin, A ney at Law, Notary Public State of Ohio i r * p My Commission Does Not Expire JSec. 147.03 Chro Revised Code) County of Medina Ss.; �ti_TE O E R ori 3, Frank A. Carrino, Secretary of WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Companies, which is still In full force and affect: and furthermore, the resolutions of the Boards of Directors, set out in the Power of Attorney are in full force and effect. In Witness Whereof, I have hereunto set my hand and affixed the seals of said Companies at Westfield Center, Ohio, this 14th day of January A a. 2013' � SW "F P4 tiC]iv RLr ry k; ` g :i'� r �- UL tti �� SEAL Im= =e• Secretary Frank A, Carrino", secret BPOAC2 (combined) (06-02) PAYMENT BOND CITY OF MILTON, GEORGIA gond No. 7652922 KNOW ALL MEN BY THESE PRESENTS THAT Engineered Restorations, Inc. (as CONTRACTOR, hereinafter referred to as the "Principal"), and Westfield Insurance Company (as SURETY COMPANY, hereinafter referred to as the "CONTRACTOR'S SURETY"}, are held and firmly bound unto the City of Milton, Georgia (as OWNER, hereinafter referred to as the "City"), for the use and benefit of any "Claimant," as hereinafter defined, in the sum of twenty one thousand dollars and zero cents ($21,444), lawful money of the United States of America, for the payment of which the Principal and the Contractor's Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and scvcTadly, firmly by those presents. WHEREAS, the Principal has entered, or is about to enter, into a certain written agreement with the City, dated , which is incorporated herein by reference in its entirety (hereinafter relerred to as the "C:ONTRAUl"), for the construction of a project known as Wood Road Bridge deck repairs (hereinafter referred to as "the PROJECT"). NOW THEREFORE, the condition of this obligation is such that if the Principal shall promptly make payment to any Claimant, as hereinafter defined, for all labor, services and materials used or reasonably required for use in the performance of the Contract, then this obligation shall be void; otherwise to remain in full force and effect. A "Claimant" shall be defined herein as any Subcontractor, person, Party, partnership, Corporation or other entity furnishing labor, services or materials used or reasonably required for use in the performance of the Contract, without regard to whether such labor, services or materials were sold, leased or rented, and without regard to whether such Claimant is or is not in privity of the Contract with the Principal or any Subcontractor performing Work on the Project. In the event of anv claim made by the Claimant against the City, or the filing of a Lien against the property of the City affected by the Contract, the Contractor's Surety shall either settle or resolve the Claim and shall remove any such Lien by bond or otherwise as provided in the Contract. The Parties further expressly agree that any action on this Bond maty be brought within the time allowed by Georgia law far suit on contracts under seal. IN WITNESS WHEREOF, Ow .Principal mxd Conuactof's Surety leave hereunto aff xcd their corporate seals and caused this obligation to be signed by their duly authorized officers on this -31 day ofia, 24a13 . 1Cngineered Restorations, Inc. (Signatures CuntinuW on Next Page) Attest: Title: Date: Attest: �nkmialj -- Date. January 14, 2013 (Name of Contractor's Surety) Westfield Insurance Company B Title.- Gary spur, Attorney in Fact (SEAL) (ATTACH SURETY'S POWER OF ATTORNEY) EXHIBIT "D" PLANS AND SPECIFICATIONS All that work required by and included in Exhibit A *,** THIS FORM IS TO BE RET I) WITH THE BID SHEET** ST'AT. F GEORGIA i CITY* AInT0N :. CONTRACTOR AFFID VIT ANT] AGREEMENT By exeriuting this affidavit, the undersigned contractor�oriao� its compliance wi( 0.C.G.A. § ;13-10-9 1; sta�ln :awrinatively that the individual, firm, gr corp bort vvhieh is contxacting:with the City of Milton has icg-I tel'ed with and is participating in a federal work a fixation program, in accardance wi#b. thQ app l3c _t )Aty,pxovisions and deadlines established ts, Tiia i dersigned Awther, agrees that, should it employ c r contgact with any subcontractor(s) in connection with the•physi al performance of services pursuant to this cc ntraptiwfth the City of Mijtou, contractor will secure froth spc}r sui]catttxactor(s} similar vafi#ication of eornpliance:with O.C.G.A. § 13-10-91 onto o Subcontractor Affidatrpvided in Rule 300-10-61-.08 in the farm ovided by the city. Contactor furthel agrees to m$intaia records of such compliance and provide a cop of each such. vedficatio4 to the City of Milton at the tirhe tlae'Sttbcontractor(s) is retained to pexfom such se e. 169469��' i I Ep - Program User Identifioa�ion N her • 1 uthoxized Officer or Agent Date pmt Vole -of Firm 1 Tii.1e a#' utharized Officer or Agent of ec tractol jl We,RVamd of Authorized Officer or Agent sR18ED AND SWORN 1 films -ME ON THIS THE I T: ,Y0F December 1,2012 'Public (,'QIYS'illlsslon. Expires: 10 Im i i i STATE OF GEORGIA CITY OF MILTON EXHIBIT "F" SUBCONTRACTOR AFFIDAVIT By executing this affidavit, the undersigned subcontractor verifies its compliance with O.C.G.A. § 13-10-91, stating affirmatively that the individual, firm or corporation which is engaged in the physical performance of services under a contract with Engineered Restorations, Inc. 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. f 13-10-91. EEV 1 Basic Pilot Program User Identification Number BY: Authorized Officer or Agent Date Subcontractor Name Title of Authorized Officer or Agent of Subcontractor Printed Name of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE DAY OF , 201 Notary Public My Commission Expires: �WKVMITX" 001 -111TH -01 CITY OF MILTON EXHIBIT "G" 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) I am a United States citizen. 2) 1 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: 6k0 Lr -"4 OW/V srca Z/e -jy c 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��9•r,1.�dc�J� <.i �t (city), (state). ignature of Applicant Printed Name of Applicant SUBSCRIBED AND SWORN BEFORE ME 4 THIS THE ��►►++�++►, DAA a , 20'� `pRA RFF`f,,r yPiss�o�.,L<c` .. r� +-0 • d' } OT,gy NOTARY PUBLIC w ■ �' a My Commission Expires: y B��G U COPY ('I') F RSON-IrIAL SECURE ,SND V RIFIAE LE OCUM 1.14TS HELD I N CITY CLEF�ZK'S OFFICITOR To: Honorable Mayor and City Council Members From: Jason Wright, Communications Manager Date: Submitted on Feb. 4, 2013 for the Feb. 20, 2013 Regular Council Meeting Agenda Item: Approval of a License Agreement and Email Distribution Agreement between the City of Milton and BrokerSavant, Inc. for Online Commercial Property Listings. ______________________________________________________________________________ Department Recommendation: Approval. Executive Summary: At the behest of City Council, City Manager Chris Lagerbloom, Economic Development Manager William O’Connor and Communications Manager Jason Wright, with the aide of O’Connor, began researching commercial brokerage tools in order to fulfill the city’s strategic plan initiative of creating a climate for financial success. BrokerSavant will, for less than $1,000 a year, establish relationships with local commercial real estate brokers and list their properties online through a Web site linked to the city’s existing page. The site will look similar to the city’s page, and will be updated monthly with all commercial properties available in the City of Milton. City staff will not expend additional time or resources on the tool after launch. Once agreements are signed, it is built and placed on the city’s site through a link, then runs independently. Funding and Fiscal Impact: $996 a year. Funded through Hotel/Motel tax fund. Alternatives: Continue to not list commercial properties. Legal Review: Ken Jarrard – Jarrard & Davis (Jan. 31, 2013) Concurrent Review: Chris Lagerbloom, City Manager Attachment(s): E-mail and site contracts     BrokerSavant  License  Agreement       This   agreement   (“Agreement”)   is   entered   into   on   the   Agreement   Date   specified   below   by   and   between   BrokerSavant,   Inc.,   an   Illinois   Corporation   (“Company”)   and   the   Customer.   Unless   otherwise  specified,  capitalized  terms  have  the  meaning  provided  below  under  Business  Terms.   BrokerSavant  License.    As  of  the  Service  Commencement  Date,  provided  that  the  Customer  fully  satisfies  its   obligations  under  this  Agreement,  the  Company  shall  provide  access  to  and  use  of  the  indicated  Version  of  a  certain   application  (“BrokerSavant”),  on  a  non-­‐exclusive,  limited,  internal  use  only,  non-­‐transferrable  basis,  solely  for  use  by   Customer.    The  Customer  must  purchase  a  license  for  each  separate  website,  office,  and  division  that  will  be  utilizing   BrokerSavant.    The  Customer  shall  use  its  best  efforts  to  prevent  account  and/or  password  “sharing”  or  similar  methods.     From   time   to   time   the   Company   may   monitor   use   to   ensure   compliance   with   the   foregoing.     Customer   shall   not   sublicense  or  in  any  manner  allow  any  access  to  or  use  of  BrokerSavant  by  any  other  person.    Customer  acknowledges   and  agrees  that  it  shall  only  receive  a  license  and  that  no  ownership  or  other  right,  title,  or  interest,  in  whole  or  any  part,   in  BrokerSavant  is  conveyed.     Fee.  Customer   shall   pay   the   fee   (“Initial   Fee”)   and   thereafter   the   periodic   fee   (“Service   Fee”),   as   respectively   scheduled  below.  The  Service  Fee  is  subject  to  change  as  the    features,  services,  or  number  of  Customer’s  Users  as  the   parties  may  agree.   Customer’s  Confidential  Information.  The  Customer  may  during  the  course  of  discussions  with  the  Company  provide   certain  confidential  and/or  proprietary  information;  such  shall  not  be  disclosed  by  the  Company  except  as  expressly   permitted  in  writing  by  the  Customer  or  as  the  Company  may  be  compelled  under  legal  process  (in  which  event  the   Company  shall  dedicate  its  best  efforts  to  expeditiously  provide  notice  of  any  such  demands).   Support  Services;  Updates.  At   no   additional   cost   to   the   Customer,   the   Company   shall   provide   certain   limited   support  services  (“Support  Services”)  as  described  below.    Support  Services  do  not  include  support  for  any  software   other  than  BrokerSavant,  custom  configuration,  or  product  modification.    Further,  at  no  cost  to  the  Customer,  the   Company  may  from  time  to  time,  at  its  sole  discretion,  issue  updates,  patches,  and  similar  revisions  (“Updates”)  to  the   indicated  Version  of  BrokerSavant.    In  order  for  a  Customer  to  use  a  new  version  of  BrokerSavant,  the  parties  will  have   to  execute  a  new  license  agreement.    Upon  reasonable  notice  to  the  Customer,  the  Company  may  discontinue  Support   Services  for  older  versions  of  BrokerSavant.   Intellectual  Property.  The   BrokerSavant   application,   web   portal,   Updates,   the   phrase   “BrokerSavant,”   and   the   Company’s  other  trademarks,  service  marks,  logos,  user  and  training  materials,  pricing  schemes,  and  any  and  all  other   information  conveyed  by  the  Company  to  Customer  and/or  found  within  the  Company’s  website  and  application  are   proprietary  to  the  Company  and  are  protected  by  applicable  U.S.  and  international  patent,  copyright,  trademark  and   trade  secret  laws  and  shall  not  be  used  in  any  manner  except  as  expressly  provided  hereunder.    Customer  shall  not   attempt  to  modify,  translate,  reverse  engineer,  decrypt,  decompile,  disassemble,  create  derivative  works  based  upon,  or   otherwise  attempt  to  discover  the  source  code  or  underlying  ideas  or  algorithms  of  the  BrokerSavant  application  and/or   Updates,  or  otherwise  gain  access  to  BrokerSavant  other  than  through  the  customer  user  interface  established  by  the   Company.     Service  Interruptions.  The  Company  shall  use  commercially  reasonable  efforts  to  maintain  the  Customer’s  access  to   and  use  of  BrokerSavant;  notwithstanding  the  foregoing,  the  Company  expressly  does  not  warrant,  and  shall  not  be   liable   for,   any   interruptions   and   downtime.     The   Company   shall   also   not   be   liable   for   any   adverse   effects  on   the   Customer’s  existing  or  future  third  party  software,  hardware,  and  communications  services  caused  by  or  related  to   Customer’s  use  of  BrokerSavant.       Limited  Warranty;  Limitation  of  Liability.  THE  COMPANY  HEREBY  DISCLAIMS  ANY  AND  ALL  WARRANTIES  OF  ANY   NATURE,  TYPE,  AND/OR  EXTENT  WHATSOEVER,  INCLUDING  THAT  OF  MERCHANTABILITY,  FITNESS  FOR  ANY  PARTICULAR   PURPOSE,  AND  ANY  AND  ALL  OTHER  WARRANTIES  IMPLIED  BY  LAW.    NO  OTHER  PERSON,  INCLUDING  BUT  NOT  LIMITED   TO  PARTICULAR  USERS,  SHALL  BE  DEEMED  A  THIRD  PARTY  BENEFICIARY  UNDER  THIS  AGREEMENT.    ANY  AND  ALL   LIABILITY  BY  THE  COMPANY    SHALL  BE  LIMITED  TO  THE  REPLACEMENT  OF  ANY  DEFECTIVE  INDICATED  VERSION  OF       BROKERSAVANT  OR  SUBJECT  UPGRADE  OR,  AT  THE  COMPANY’S  SOLE  OPTION,    REFUND  OF  THE  INITIAL  FEE.    IN  NO   EVENT  SHALL  THE  COMPANY  BE  LIABLE  FOR  ANY  LOST  PROFITS,  CONSEQUENTIAL  DAMAGES,  PUNITIVE  DAMAGES,  AND   THE   COMPANY   SHALL   NOT   BE   LIABLE   FOR   NON-­‐PERFORMANCE   DUE   TO   REASONS   BEYOND   THE   COMPANY’S   REASONABLE  CONTROL.   Indemnification.  Customer   shall   indemnify,   defend,   and   hold   the   Company   and   its   officers,   directors,   shareholders,  employees,  and  agents  harmless  from  and  against  any  and  all  claims,  demands,  judgments,  losses,  and   costs  arising  from  (a)  breach  by  Customer  of  the  terms  of  this  Agreement,  and/or  (b)  any  claims  of  any  particular  Users   and  any  and  all  other  persons  claiming  by  and/or  through  Customer  against  the  Company,  including  but  not  limited  to   any  and  all  reasonable  attorneys’  fees  and  costs,  inclusive  of  any  appellate  litigation.    Subject  to  the  limitation  of  liability   above,  the  Company  shall  indemnify,  defend,  and  hold  the  Customer  and  any  and  its  officers,  directors,  members,   shareholders,  employees,  and  agents  harmless  from  and  against  any  and  all  claims,  demands,  judgments,  losses,  and   costs  arising  from  (a)  breach  by  Company  of  the  terms  of  this  Agreement,  and/or  (b)  any  claims  by  third  parties  alleging   any  infringement  of  intellectual  property  by  the  Company  as  to  the  indicated  version  of  BrokerSavant.   Survival.  The  parties’  respective  obligations  under  this  Agreement  regarding  intellectual  property,  limitations  of   warranty  and  liability,  and  indemnification  shall  survive  the  expiration  of  this  Agreement.   Assignment.  Customer  shall  not  assign,  sublicense,  pledge,  encumber,  commercially  share  or  in  any  manner  transfer   any  interest,  in  whole  or  any  part,  under  this  Agreement  without  the  express  written  consent  of  the  Company.   Promotion.  The   Company   may   refer   to   the   Customer   and   its   use   of   BrokerSavant   in   marketing   materials.     Notwithstanding  the  foregoing,  it  is  acknowledged  and  agreed  that  Customer’s  name  and  any  and  all  logos  and  other   trademarks  of  Customer  shall  remain  the  sole  and  exclusive  property  of  Customer.   Notice  of  Termination.    Provided  that  the  Customer  has  not  caused  a  default,  the  Customer  may  terminate  this   Agreement  at  any  time  after  delivering  thirty  (30)  days  written  notice  to  the  Company,  provided  that  the  Minimum  Term   has  expired;  in  the  event  that  such  Minimum  Term  has  not  expired,  Customer  may  terminate  with  payment  equal  to  the   number  of  full  or  partial  calendar  months  then  remaining  until  the  Minimum  Term  commitment  is  met  multiplied  by  the   monthly  equivalent  of  the  Service  Fee.    Upon  expiration  or  any  earlier  termination  of  this  Agreement,  for  any  reason   whatsoever,  the  Customer  shall  promptly  return  any  and  all  BrokerSavant  written  materials,  remove  BrokerSavant  from   all  of  its  computers  and  other  devices,  and  cease  any  and  all  access  to  and  use  of  BrokerSavant.   Breach  and  Remedies.  In  the  event  that  either  party  fails  to  fulfill  its  obligations  under  this  Agreement,  and  such  failure   continues  after  written  notice  in  excess  of  ten  (10)  days  in  the  case  of  monetary  breach  and  thirty  (30)  days  for  any  and   all  other  matters,  then  such  shall  be  deemed  a  default  hereunder,  and  the  aggrieved  party  shall  be  due  its  reasonable   attorneys’  fees  and  costs.  In  the  event  that  a  non-­‐monetary  breach  cannot  be  commercially  reasonably  remedied  within   such   thirty   days,   the   period   may   be   extend   as   reasonably   necessary,   provided   such   party   continues   to   dedicate   reasonable   efforts     to   secure   the   remedy   and   written   notice   thereof   is   provided   during   the   initial   30   day   period.       Customer  acknowledges  and  agrees  that  certain  actual  or  threatened  actions  may  result  in  damage  to  the  Company   which  would  not  be  adequately  remedied  solely  through  monetary  awards,  and  that  in  such  instances  injunctive  relief   may  be  additionally  demanded  by  the  Company.    In  the  event  that  the  Customer  fails  to  pay  the  Service  Fee  in  excess  of   sixty  (60)  days  after  the  Due  Date,  the  Company  may  suspend  access  to  BrokerSavant.   Notices.      Any  notices  desired  or  required  hereunder  shall  be  in  writing  and,  (a)  for  the  Company,  directed  to  2506  N.   Clark  St.  #417  Chicago,  IL  60614,  (b)  for  the  Customer,  directed  to  the  Customer’s  business  address  indicated  below,  or   such  other  addresses  as  may  be  required  by  the  parties  by  written  notice.    Notices  shall  be  served  by  facsimile   transmission,  deemed  delivered  if  served  on  a  business  day  before  2:00  p.m.  at  the  recipient’s  time  zone  (or  the  next   business  day  if  thereafter)  or  by  overnight  delivery  by  a  nationally  recognized  courier  service,  deemed  delivered  the  next   business  day. Complete  Agreement;  Amendments.  This  Agreement  represents  the  entirety  of  the  agreement  between  the  parties;   no  other  agreements,  promises,  or  inducements  exist.    No  purported  amendments  hereto  shall  be  effective  unless   reduced  to  writing  and  executed  by  the  parties.   Choice  of  Law;  Dispute  Resolution.  The  terms  of  this  Agreement  shall  be  governed  by  and  interpreted  under  the   laws  of  the  State  of  Illinois.    Any  and  all  disputes  shall  be  submitted  to  binding  arbitration  under  the  rules  of  the       American  Arbitration  Association,  with  any  and  all  proceeding  to  be  initiated  and  maintained  in  Chicago,  Illinois.    Any   and  all  arbitration  awards,  and  any  applications  for  injunctive  relief,  shall  be  subject  to  the  jurisdiction  of  the  Circuit   Courts  of  Cook  County,  Illinois.    The  prevailing  party  in  any  arbitration  and/or  other  judicial  proceeding  shall  be  due  its   reasonable  attorneys’  fees,  costs,  and  prejudgment  interest  at  the  then-­‐prevailing  legal  rate.   Business  Terms.     Agreement  Date:  2/1/13   Customer:  City  of  Milton     Customer  Site  Address:  http://www.cityofmiltonga.us/   Customer  Business  Address     (if  different):       City  of  Milton   13000  Deerfield  Parkway   Suite  107A   Milton,  GA  30004         Customer  Contact  Person     and  Telephone:     City  of  Milton   ATTN:  Jason  Wright   13000  Deerfield  Parkway   Suite  107A   Milton,  GA  30004   678-­‐242-­‐2523     Service  Commencement  Date:  2/1/13   Users:  One  User  (1)   BrokerSavant  Version   and   Description   of   Basic   Functionalities:     Version:    1     The  City  of  Milton’s  listings  will  be  accessible  via   http://www.cityofmiltonga.brokersavant.com  and  contain  The  City  of  Milton’s  existing   website  header  to  maintain  brand  consistency  across  web  pages.     ● It  will  be  The  City  of  Milton’s  responsibility  to  provide  navigation  to  this  new   page  from  the  existing  site.   ● Listings  will  include  the  following  default  display  details:    Preview  of  PDF,   Location  (Address,  City,  State,  Zip),  Size,  Category,  Broker  Name.   ● Listings  will  be  able  to  be  filtered  based  on  the  following  options:  Transaction   type,  Category,  Size,  City,  Broker  Name.   ● The  Company  will  provide  an  email  address  to  which  The  City  of  Milton  can   send  their  flyers  to  be  processed  and  added  to  BrokerSavant  (and  thus  The  City   of  Milton’s  site).       Initial  Fee  and  Due  Date:  $720,  2/1/13   Service  Fee  and  Due  Dates:  $720.00,  Annually.     ● Due  Annually  on  or  before  the  1st  of  each  year,  commencing  on  2/1/13,  based  upon   the  following  pricing  tiers.     ● For  each  User:  not  applicable   Minimum Term:Twelve (12) months following the Service Commencement Date Scope of Support Services:The Company shall provide the following Support Services, Monday - Friday, 9 am - 5 pm, excluding nationally-recognized holidays: • Flyer processing and loading via provided email address. Additional Terms: This Agreement is executed by the duly authorized representatives of the respective parties as of the Agreement Date. BrokerSavant Customer By: Claiborne R. Rankin, Jr Its: President/Secretary           BrokerSavant Email Distribution Agreement This E-Mail Distribution Agreement (“Agreement”) is entered into on the Agreement Date specified below by and between BrokerSavant, Inc., an Illinois Corporation doing business at 2506 N. Clark St., #417, Chicago, IL 60614 (“Company”) and the Customer. 1. BrokerSavant grants, and Customer accepts, the one year limited, non-exclusive, non-transferable rights described in this Agreement to cause the Company to send specified e-mail transmission(s) of a message (hereinafter “Dispatch”) on Customer’s behalf to the e-mail addresses (the “List”), and agreed to in a signed “Exhibit A”, derived from lists and databases of BrokerSavant and/or its licensors (“Owners”) following execution and delivery of this Agreement by Customer to BrokerSavant. 2. Customer agrees that the List is a valuable proprietary asset of Owners and remains at all times the exclusive property of the Owners and protected under copyright, trade secret and other intellectual property and proprietary rights laws, and by this Agreement. 3. The Dispatch will contain: (i) The Customer’s name and logo; (ii) A link to the Customer’s custom Marketing Engine Uploader URL to upload the user’s property documents; (iii) A unsubscribe link pursuant to the CAN SPAM Act (S.877) of 2003; 4. Each party shall, to the extent, if any, allowed by law, indemnify, defend and hold harmless the other party from and against any costs, losses, liabilities and expenses, including all court costs, reasonable expenses and reasonable attorneys’ fees that the party seeking indemnification may suffer, incur or be subjected to in connection with any legal action, proceeding, arbitration or other claim by a third party (including any governmental or regulatory authority), whether commenced or threatened, arising out of or as a result of the indemnifying party’s failure to comply fully with its obligations under the foregoing paragraphs (1) through (4). 5. In consideration of BrokerSavant’s undertakings, and the limited license granted to Customer, herewith, Customer shall pay BrokerSavant the license fee(s) specified and agreed to in “Exhibit A”. Customer is fully responsible for payment regardless of Customer’s use of any agency or list broker. BrokerSavant reserves all rights for collection from Customer. In the event of cancellation of Agreement by Customer prior to the expiration of the Minimum Term, Customer shall pay the Company cancellation fees in the amount of the Service Fee multiplied by the Minimum Term, less any Service Fees paid to date. Customer is responsible for any and all costs and expenses, including attorneys’ fees, incurred by BrokerSavant in enforcing this Agreement. 6. Indemnification by Customer. In addition to those provisions relating to compliance with commercial e-mail laws, Customer shall, to the extent, if any, allowed by law, indemnify, defend and hold harmless BrokerSavant and its List Owners and service providers (collectively, “BrokerSavant Indemnitees”) from and against any costs, losses, liabilities and expenses, including all court costs, reasonable expenses and reasonable attorney’s fees (collectively, “Losses”) that a BrokerSavant Indemnitee may suffer, incur or be subjected to as a result of or arising out of a breach of any warranty, representation or agreement made by Customer contained in this Agreement or by reason of any legal action, proceeding, arbitration or other claim by a third party, whether commenced or threatened, arising out of or as a result of any Prohibited Content contained in a Dispatch provided or approved by Customer in accordance with the terms of this Agreement. The indemnities included in this section shall apply to any information contained on any Internet web site to which recipients of a Dispatch are directed as a result of any links included in such Dispatch. 7. ALTHOUGH BROKERSAVANT USES REASONABLE EFFORTS TO MAINTAIN ACCURATE LISTS, NEITHER BROKERSAVANT NOR ITS AFFILIATES, LICENSORS, SUPPLIERS, SERVICE PROVIDERS OR AGENTS REPRESENT OR WARRANT THAT THE INFORMATION CONTAINED IN THE LIST IS COMPLETE OR FREE FROM ERROR, AND HEREBY EXPRESSLY DISCLAIM ANY LIABILITY TO ANY PERSON FOR ANY LOSS OR DAMAGE CAUSED BY ERRORS OR OMISSIONS IN THE LIST, WHETHER SUCH ERRORS OR OMISSION RESULT FROM NEGLIGENCE, ACCIDENT, OR ANY OTHER CAUSE. CUSTOMER UNDERSTANDS THAT, EXCEPT AS STATED HEREIN, BROKERSAVANT, ITS AFFILIATES, LICENSORS, SUPPLIERS AND AGENTS, MAKE NO WARRANTIES, EXPRESSED OR IMPLIED, WITH RESPECT TO THE LIST RECORDS OR THE SERVICES PROVIDED HEREUNDER AND SPECIFICALLY DISCLAIM ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. SUBJECT TO ITS EXPRESS INDEMNIFICATION OBLIGATIONS STATED HEREIN, BROKERSAVANT, ITS AFFILIATES, LICENSORS, SUPPLIERS, SERVICE PROVIDERS AND AGENTS’ SOLE LIABILITY FOR ANY DEFECT IN THE LIST RECORDS OR SERVICES PROVIDED HEREUNDER WILL BE LIMITED TO THE LICENSE FEE PAID FOR THE PART OF THE DATA THAT IS DEFECTIVE. 8. General Provisions. If any provision of this Agreement is adjudicated to be unenforceable or contrary to any applicable law or regulation, such provision shall be enforced to the maximum extent permitted by law and to effect the parties' fundamental intentions hereunder, and the remainder of this Contract shall continue in full force and effect. This Agreement shall be binding upon and inure to the benefit of the parties hereto, and their successors and permitted assigns. This Agreement is not assignable by either party. The Parties are independent contractors, and nothing contained herein shall be deemed to create a partnership, agency or employment relationship. This Agreement, including any Exhibits, sets forth the entire agreement between the parties on the subject hereof and supersedes any prior negotiations, understandings and agreements concerning such subject matter. No amendment or modification of this Agreement may be made except by a writing signed by both parties. The failure of either party to insist on the performance of any terms or conditions of this Agreement shall not be construed as a waiver of any rights granted hereunder or of the future performance of any such term or condition, and the obligations of the non-performing party with respect thereto shall continue in full force and effect. No failure or omission by either party in performing under this Agreement shall be deemed a breach nor create any liability if the same shall arise from any cause or causes beyond the reasonable control of such party, including but not limited to the following: acts of God, acts or omissions of any government or any officer, department, agency or instrument thereof; fire, storm, flood, earthquake, accident, acts of the public enemy, war, terrorism, rebellion, failure of telecommunications services, public utilities or an Internet brown out, insurrection, riot, invasion, strikes, or lockouts. 9. Customer has read, understands and agrees to be bound to the provisions in this E-Mail Distribution Agreement and the "Exhibit A", which address processing fees and terms of remuneration. Any modifications made hereto by Customer (other than by BrokerSavant) shall be considered a counteroffer by or on behalf of Customer and shall not be effective or binding upon BrokerSavant unless acknowledged and accepted in writing by an authorized representative of BrokerSavant, and in no event shall any other action or failure to act by BrokerSavant be construed as acceptance of or agreement to any such modifications. This Agreement is executed by the duly authorized representatives of the respective parties as of the Agreement Date. BrokerSavant Customer By: Claibome R. Rankin, Jr Its: CEO     BrokerSavant Exhibit A     Agreement Date: 2/1/13 Customer: City of Milton Customer Site Address: http://www.cityofmiltonga.us/ Customer Custom Marketing Engine Upload page: TBD Customer Business Address (if different): City of Milton ATTN: Jason Wright 13000 Deerfield Parkway Suite 107A Milton, GA 30004 678-242-2523 Customer Contact Person and Telephone: City of Milton ATTN: Jason Wright 13000 Deerfield Parkway Suite 107A Milton, GA 30004 678-242-2523 Service Commencement Date: 2/1/13 Designated Area: The City of Milton Distribution List: The List will include the following recipients: ● Commercial Real Estate Brokers with properties currently for sale or lease in Designated Area. ● Commercial Real Estate Brokers with properties recently for sale or lease in Designated Area that are now off-market. Distribution Frequency: Once (1x) per month Service Fee and Due Dates: $276.00, Annually ● Due Annually on or before the 1st of each year, commencing on 2/1/13. Minimum Term: Twelve (12) months following the Service Commencement Date Scope of Support Services: BrokerSavant shall maintain the integrity of the list in compliance with CAN SPAM Laws. Distribution List shall be updated monthly to import new contacts and remove unsubscribed or bounced contacts. Additional Terms: National Girl Scout Cookie Day 2013 WHEREAS, National Girl Scout Cookie Day is a day designed to celebrate the Girl Scout Cookie Program and the five basic skills girls learn by participating in the program: goal setting, decision making, money management, people skills, and business ethics; and WHEREAS, for more than 100 years, Girl Scouts has been engaged in girls’ lives serving as a resource and expert on their growth and development; and WHEREAS, through the Girl Scout Leadership Experience, girls in grades K-12 discover themselves and their values, connect with other girls, and take action to make the world a better place. NOW, THEREFORE, we, the Mayor and City Council of the City of Milton, do hereby applaud the commitment Girl Scouting has made to support the leadership development of girls in the State of Georgia and proclaim February 8, 2013, as NATIONAL GIRL SCOUT COOKIE DAY as part of the Girl Scout Cookie Program. Given under our hand and seal of the City of Milton, Georgia on this 20th day of February, 2013. _____________________________ Joe Lockwood, Mayor Prepared by the Community Development Department for the Mayor and City Council Meeting on February 20, 2013 *Based on a revised site plan and revised letter of intent received by the Community Development Department on January 9, 2013. RZ12-15 2/8/2013 Page 1 of 23 PETITION - RZ12-15 Milton Country Store PROPERTY INFORMATION ADDRESS 15260 Hopewell Road DISTRICT, LAND LOT 2/2 534 OVERLAY DISTRICT Northwest Fulton EXISTING ZONING AG-1(Agricultural) PROPOSED ZONING H (Historic) ACRES 0.5240 EXISTING USE 1,179 sq.ft. building PROPOSED USE General retail in 1,179 sq.ft. PETITIONER/OWNER Reunion Park, LLC ADDRESS 5780 Windward Parkway Alpharetta, GA 30004 678-624-2900 COMMUNITY DEVELOPMENT RECOMMENDATION – JANUARY 22, 2013 RZ12-15 – APPROVAL CONDITIONAL INTENT To rezone from AG-1 (Agricultural) to H (Historic) district to allow the existing 1,179 square foot building for a general store as described in the applicant’s revised letter of intent dated January 9, 2013. Prepared by the Community Development Department for the Mayor and City Council Meeting on February 20, 2013 *Based on a revised site plan and revised letter of intent received by the Community Development Department on January 9, 2013. RZ12-15 2/8/2013 Page 2 of 23 PLANNING COMMISSION RECOMMENDATION – JANUARY 22, 2012 RZ12-15 – APPROVAL CONDITIONAL (5-2) Commissioners Moore and Edwards voted in the negative. There were four citizens who spoke in opposition to the request stating the following: 1) Inconsistent with the Future Land Use Plan and AG-1 uses surrounding the site; 2) Hours of operation not addressed, proof of fuel tanks removed, site distance issues, traffic study not conducted on a good date, parking issues, not allow catering, delicatessen, and carry-out. The Planning Commission recommended Approval Conditional based on the following additional Recommended Conditions: 1) Satisfy the site distance for 45 mph; 2) Uses be the same as the prior use but does not include “delicatessen”, “catering”, “carry-out”, and “no food preparation on premises”; 3) The proposed signage proposed by the applicant not be approved but shall be consistent with the requirements of the sign ordinance. Prepared by the Community Development Department for the Mayor and City Council Meeting on February 20, 2013 *Based on a revised site plan and revised letter of intent received by the Community Development Department on January 9, 2013. RZ12-15 2/8/2013 Page 3 of 23 LOCATION MAP Prepared by the Community Development Department for the Mayor and City Council Meeting on February 20, 2013 *Based on a revised site plan and revised letter of intent received by the Community Development Department on January 9, 2013. RZ12-15 2/8/2013 Page 4 of 23 2030 FUTURE LAND USE PLAN MAP Prepared by the Community Development Department for the Mayor and City Council Meeting on February 20, 2013 *Based on a revised site plan and revised letter of intent received by the Community Development Department on January 9, 2013. RZ12-15 2/8/2013 Page 5 of 23 SITE PLAN SUBMITTED SEPTEMBER 4, 2012 Prepared by the Community Development Department for the Mayor and City Council Meeting on February 20, 2013 *Based on a revised site plan and revised letter of intent received by the Community Development Department on January 9, 2013. RZ12-15 2/8/2013 Page 6 of 23 REVISED SITE PLAN SUBMITTED JANUARY 9, 2013 Prepared by the Community Development Department for the Mayor and City Council Meeting on February 20, 2013 *Based on a revised site plan and revised letter of intent received by the Community Development Department on January 9, 2013. RZ12-15 2/8/2013 Page 7 of 23 SUBJECT BUILDING LOOKING NORTH SUBJECT BUILDING LOOKING WEST ALONG THOMPSON ROAD Prepared by the Community Development Department for the Mayor and City Council Meeting on February 20, 2013 *Based on a revised site plan and revised letter of intent received by the Community Development Department on January 9, 2013. RZ12-15 2/8/2013 Page 8 of 23 LOOKING NORTH AT THE INTERSECTION Prepared by the Community Development Department for the Mayor and City Council Meeting on February 20, 2013 *Based on a revised site plan and revised letter of intent received by the Community Development Department on January 9, 2013. RZ12-15 2/8/2013 Page 9 of 23 Existing uses and zoning of nearby property Location Zoning/ Petition Zoning / Name Approved Density/Min. Heated Floor Area North (AG-1) AG-1 (Agricultural) Various Single-Family Residential 1 unit/acre (Various sq.ft.) Northeast (AG-1) AG-1 (Agricultural) Various Single-Family Residential 1 unit/acre (Various sq.ft.) East (AG-1) AG-1 (Agricultural) Bell Memorial Park & Various Single-Family Residential 1 unit/acre (Various sq.ft.) Southeast (AG-1) AG-1 (Agricultural) Champions Overlook Subdivision 1 unit/acre (Est. 3,000 sq.ft.) South (AG-1) AG-1 (Agricultural) Various Single-Family Residential 1 unit/acre (Various sq.ft.) Northwest (AG-1) AG-1 (Agricultural) Various Single-Family Residential 1 unit/acre (Various sq.ft.) Prepared by the Community Development Department for the Mayor and City Council Meeting on February 20, 2013 *Based on a revised site plan and revised letter of intent received by the Community Development Department on January 9, 2013. RZ12-15 2/8/2013 Page 10 of 23 SUBJECT SITE: The subject site contains .5240 acre and the applicant is requesting to rezone to the H (Historic) district for the existing 1,179 square foot building, previously used as a country store. Specifically, the applicant has stated the following in his revised letter of intent* regarding the previous use of the structure. “Beginning in the late 1940’s to the early 1950’s, the store building at the northeast corner of the property was used as a general store and small town gathering place, while maintaining the rural atmosphere and charm of the area….Patrons came to the Hardeman Store to obtain grocery staples such as bread, eggs, flour and milk. The store carried items obtained locally, including fresh meat and vegetables, jellies and jams, cheese and baked goods. Reflecting the community it served, the store carried hardware, seed and feed and sundry items. The store also carried homemade sandwiches, hot coffee, and lunch items, and provided grocery delivery in the immediate area. Seasonal items, such as pumpkins, hay bales and pine straw, wreaths and Christmas trees were offered, and artfully displayed to draw in customers.” The revised letter of intent* further states, “ In keeping with these traditions, the following conditions of use of the store are requested: retail service commercial and accessory uses permitted in C-1 (Community Business) District, and consistent with historic use as a country store including catering, carryout and delivery; delicatessen; retail store or shop selling groceries, hardware, seed and feed, sundry items, homemade food, beverages, etc; but specifically excluding (a) those uses prohibited under Article VI, Section 64-395. (Uses prohibited in all zoning districts); (b) garage, automobile repair or automotive specialty shop; (c) convenience stores, and gas stations; (d) landscaping business or garden center; (e) financial establishment and (f) roadside vending.” BACKGROUND: Staff notes that on August 20, 2012, the Mayor and City Council designated the subject building as historic. This requirement must be met before request to rezone a building to the H (Historic) district can be submitted. Additionally, Section 64-953 (c) states: “The proposed historic use shall be limited to those historic structures identified on the subject property and may not be expanded.” Therefore, if this request is approved, a condition will be provided listing uses to be excluded based on the previous historic use of the structure. Prepared by the Community Development Department for the Mayor and City Council Meeting on February 20, 2013 *Based on a revised site plan and revised letter of intent received by the Community Development Department on January 9, 2013. RZ12-15 2/8/2013 Page 11 of 23 SITE PLAN ANALYSIS Based on the applicant’s revised site plan and revised letter of intent submitted to the Community Development Department on January 9, 2013, Staff offers the following considerations: Pursuant to Section 64-954, Development Standards for the H (Historic) District, the following is stated: “In order to allow for the unique nature of the properties receiving the H district classification, there are no district-specific-development standards. However, all other requirements of the subject property’s overlay district and the City of Milton Zoning Ordinance, including, but not limited to those identified in Section 64-955, shall be maintained. In addition, the Milton City Council shall consider the subject property’s overlay district and City of Milton Zoning Ordinance as it pertains to the proposed historic use, and may adopt reasonable conditions of zoning with respect to the following, without the need for a variance.” Per the following sections, the applicant and Staff are requesting the following conditions for the subject site as requested per a revised letter of intent received by the Community Development on January 9, 2013: 1. Section 64-1141 (3)(a): Reduce the 50 foot buffer and 10 foot improvement setback to a 10 foot landscape strip along the south property line of the property intersecting with Hopewell Road and running North 68 degrees 21 minutes 12 seconds West a distance of 89.69 feet. (Staff notes that this already mentioned in #3 below. Therefore this condition is not required.) 2. Sec. 64-1141(3)(a): Reduce the 50-foot buffer and 10-foot improvement setback to a 10-foot landscape strip along Thompson Road and a minimum 40-foot buffer at the easterly end to a 36-foot buffer on the westerly end along the south line of the Property (parallel to Thompson Road), running from the corner of an existing driveway North 80 degrees 44 minutes 27 seconds West 190.43 feet to the westerly property line.* (Shown on the site plan below as orange.) 3. Section 64-1141(3)(a): To delete the 50 foot buffer and 10 foot improvement setback along the southwest property line of property running from Hopewell Road North 68 degrees 10 minutes 12 seconds West 89.69 feet and North 21 degrees 34 minutes 48 seconds West 35.46 feet to the northerly line of an existing driveway for Outparcel 2 and North 60 degrees 44 minutes 57 seconds West 29.57 feet. (Shown on the site plan below as green.) 4. Section 64-1433(f))(1): To reduce the 25 foot setback for parking adjacent to residentially used property to 10 feet along the south property line. Staff notes Prepared by the Community Development Department for the Mayor and City Council Meeting on February 20, 2013 *Based on a revised site plan and revised letter of intent received by the Community Development Department on January 9, 2013. RZ12-15 2/8/2013 Page 12 of 23 that this zoning reference is taken from the C-1 (Community Business) district requirements. There currently is not a similar requirement for the H (Historic) district, but this will be included in the Conditions of Zoning. (Shown on the site plan below as green.) 5. Section 64-1145 (6)(c): To allow onsite parking located to the front of a building or between a building and the public right-of-way (Hopewell Road). 6. Section 64-1141 (1)(a): Provide a minimum 10 foot wide landscape strip along all public streets. (Shown on the site plan below as blue.) 7. The revised site plan received on January 9, 2013 still depicts a proposed porch on the south side of the building. Any additions from the original building that was approved as a historic structure are prohibited. Therefore, Staff will include a condition reflecting this prohibition. All the items listed above will be included in the Recommended Conditions. Prepared by the Community Development Department for the Mayor and City Council Meeting on February 20, 2013 *Based on a revised site plan and revised letter of intent received by the Community Development Department on January 9, 2013. RZ12-15 2/8/2013 Page 13 of 23 CONDITIONS EXHIBIT Prepared by the Community Development Department for the Mayor and City Council Meeting on February 20, 2013 *Based on a revised site plan and revised letter of intent received by the Community Development Department on January 9, 2013. RZ12-15 2/8/2013 Page 14 of 23 Signage The applicant has also requested to permit signage in keeping with the historical designation of the store building. These include projecting signage and wall sign logos, as seen in the photographs within the Letter of Intent dated September 4, 2012. Before installation of any signage, the owner must first obtain a Certificate of Appropriateness under Article XVIII of the Milton Zoning Ordinance. A Condition of Zoning will be included to reflect this request. Parking Requirements The site plan submitted indicates a total of 5 parking spaces of which one is handicap accessible located in front of the building.* The existing structure proposed for retail use is 1,179 square feet. Pursuant to Sec. 64-1410, Calculations, 4 spaces per 1,000 square feet are required. Based on this calculation, a total of 5 spaces are required. Traffic Study The applicant has supplied a traffic count that was conducted on December 17, 2012 which was a date approved by the Public Works Department. A copy of it is provided at the end of this report. Based on this count, the maximum number of cars that stacked on Thompson Road was six cars. This is an acceptable number of cars to meet the 300 feet or 95% queue distance as required by the Public Works Department. In addition, the revised site plan indicates a right in/right out only on Hopewell Road as well as the widening of the entrance/driveway for the full access on Thompson Road. The Public Works Department has included a condition for the driveways’ site distance shall be certified by a professional engineer. This condition, as well all of the Recommended Conditions must be met prior to the approval of a Certificate of Occupancy and Business License. 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. As mentioned above, the building was designated historic on August 20, 2012. Prepared by the Community Development Department for the Mayor and City Council Meeting on February 20, 2013 *Based on a revised site plan and revised letter of intent received by the Community Development Department on January 9, 2013. RZ12-15 2/8/2013 Page 15 of 23 Staff also notes that in the past the building has operated as a general store with gas pumps. According to the applicant, the tanks were removed prior to the purchase of the property. ARBORIST COMMENTS Based on the site plan and the tree survey provided, none of the trees will be impacted by the proposed uses. CITY OF MILTON FIRE MARSHAL There are no outstanding fire code issues associated with the proposed rezoning as they are now presented. DESIGN REVIEW BOARD MEETING COURTESY REVIEW – October 1, 2012 Concern for parking in front of the building. Check site distance. Signage should be historic in nature. All for making the building look historic in nature. PUBLIC INVOLVEMENT On September 25, 2012 the applicant was present at the Community Zoning Information Meeting (CZIM) held at the Milton City Hall. There were five members of the community in attendance. All the community members lived close to the property, and had concerns regarding traffic, more intensive commercial use of the property over time, and commercial spot zoning. Public Comments – Staff has not received any correspondence regarding this development. PUBLIC PARTICIPATION REPORT The applicant hosted a Public Participation Meeting on Wednesday, October 25, 2012 at the applicant’s office on Windward Parkway. The applicant has submitted a Public Participation Report on November 19, 2012 that currently includes the CZIM meeting. Prepared by the Community Development Department for the Mayor and City Council Meeting on February 20, 2013 *Based on a revised site plan and revised letter of intent received by the Community Development Department on January 9, 2013. RZ12-15 2/8/2013 Page 16 of 23 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? It is Staff’s opinion that the proposed general store will be suitable in view of the use and development of adjacent and nearby property. The site fronts on two roads to the North and East. To the South, a single family residence is located on the same parcel. The residentially used property to the West is located approximately 300 feet from the subject building with a 50 foot undisturbed buffer adjacent to it. 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 if approved with the Recommended Conditions. 3. Whether the property to be affected by the proposal has a reasonable economic use as currently zoned? The subject site may not have a reasonable use as currently zoned AG-1 (Agricultural) based on the small size of the building and its location at the intersection of two streets. 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? Based on the traffic counts provided by the applicant and review by the transportation department, Staff does not anticipate a significant impact on existing streets, transportation facilities, utilities, or schools as proposed if the required site improvements listed in the Recommended Conditions are made to the site. 5. Whether the proposal is in conformity with the policies and intent of the land use plan? Future Land Use Plan Map: Agricultural, Equestrian, Estate Residential Prepared by the Community Development Department for the Mayor and City Council Meeting on February 20, 2013 *Based on a revised site plan and revised letter of intent received by the Community Development Department on January 9, 2013. RZ12-15 2/8/2013 Page 17 of 23 Proposed use/density: General store / 2,250 square feet per acre The 2030 Future Land Use Plan Map suggests Agricultural, Equestrian, Estate Residential for the subject site and for properties surrounding the subject site, except for Bell Memorial Park to the southeast and the City of Milton Fire Station to the west. The proposed rezoning is consistent with the following Plan Policy if developed with the recommended conditions: “We will expand the identification, documentation, and protection of historic, cultural, and archaeological resources in the city, and when possible encourage access by the public.” 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 H (Historic) district structure will be utilized as a country store, and that type of use is not consistent with Agricultural, Equestrian, and Estate Residential. But the purpose of the H (Historic) district is intended to allow for a historic structure to be used, protected, renovated and preserved on its historic value to the community. It may allow a specific, previous use to continue in a structure where that use would be considered nonconforming as defined in the current City of Milton Zoning Ordinance. This designation will help preserve the rich traditions of history and culture evident in Milton’s original settlement. Therefore, Staff supports the approval of this request to rezone from AG-1 (Agricultural) to the H (Historic) district. 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. Prepared by the Community Development Department for the Mayor and City Council Meeting on February 20, 2013 *Based on a revised site plan and revised letter of intent received by the Community Development Department on January 9, 2013. RZ12-15 2/8/2013 Page 18 of 23 CONCLUSION Although the proposed rezoning is inconsistent with the Future Land Use Plan’s recommendation of Agricultural, Equestrian, and Estate Residential, it is Staff’s opinion that by rezoning it to H (Historic) it is consistent with the intent of the H (Historic) district to preserve the rich traditions of history and culture in Milton. In addition, Staff has included a set of Recommended Conditions that will ensure that the proposed general store will not have a negative impact on the surrounding community. Therefore, Staff recommends APPROVAL CONDITIONAL of RZ12-15 to rezone from AG-1 (Agricultural) to H (Historic) district. Prepared by the Community Development Department for the Mayor and City Council Meeting on February 20, 2013 *Based on a revised site plan and revised letter of intent received by the Community Development Department on January 9, 2013. RZ12-15 2/8/2013 Page 19 of 23 RECOMMENDED CONDITIONS If this petition is approved by the Mayor and City Council, it should be H (Historic) District 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) Country store and associated accessory uses on a .5240 acre including the existing 1,179 square foot structure and allowing only those uses that are specific to the previous historic use: retail store or shop selling groceries, hardware, seed and feed, sundry items, homemade food, beverages. Also permitted are seasonal items such as pumpkins, hay bales, pine straw, wreaths and Christmas trees so long as they are sold and displayed within the building or on the covered porch. The following uses shall be excluded; food preparation, garage, automobile repair or automotive specialty shop, gas station, landscaping business or garden center, financial establishment, drive through, commercial amusements, liquor sales and package stores, motels, hotels, adult oriented entertainment businesses including adult bookstores, adult entertainment or adult entertainment establishments as defined in Article 3.3.3., check cashing stores, coin operated laundries, video arcades, pool halls, nail salons, beauty salons, barber shops, flea markets, second hand surplus retail shops, roadside vending, roadside produce stands or seasonal business, precious metal sales, and billboards. 2) To the owner’s agreement to abide by the following: a) To the revised site plan received by the Community Development Department on January 9, 2013. Said site plan is site specific 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 or Certificate of Occupancy. Unless otherwise noted herein, compliance with all conditions shall be in place prior to the issuance of the Certificate of Occupancy. Prepared by the Community Development Department for the Mayor and City Council Meeting on February 20, 2013 *Based on a revised site plan and revised letter of intent received by the Community Development Department on January 9, 2013. RZ12-15 2/8/2013 Page 20 of 23 3) To the owner’s agreement to the following site development considerations: a) Provide a 10-foot landscape strip along Thompson Road and a minimum 40-foot buffer at the easterly end to a 36-foot buffer on the westerly end along the south line of the Property (parallel to Thompson Road), running from the corner of an existing driveway North 80 degrees 44 minutes 27 seconds West 190.43 feet to the westerly property line. b) Provide a 10 foot landscape strip along the following property lines as described as North 68 degrees 10 minutes 12 seconds West 89.69 feet and North 21 degrees 34 minutes 48 seconds West 35.46 feet to the northerly line of an existing driveway for Outparcel 2 and North 60 degrees 44 minutes 57 seconds 29.57 feet. c) Provide a 10 foot setback for parking adjacent to residentially used property along the south property line. d) To allow onsite parking located to the front of a building or between a building and the public right-of-way (Hopewell Road). e) Provide a 10 foot landscape strip along the frontages of Hopewell Road and Thompson Road. f) Shall be in compliance with the City of Milton Sign Ordinance (Chapter 64 of the City Ordinance) for all future signage. g) All improvements to the site, structure and signs shall be reviewed and granted a Certificate of Appropriateness by the City of Milton Historic Preservation Commission. h) The proposed porch on the south side of the building as depicted on the revised site plan dated January 9, 2013 shall not be constructed. 4) To the owner’s agreement to abide by the following requirements, dedication, and improvements: a) Access to the site shall be subject to the approval of City of Milton Department of Public Works, prior to the issuance of a Business License, Land Disturbance Permit, Subdivision Plat or Certificate of Occupancy (whichever comes first). Entrance(s) shall conform to Chapter 48 Streets, Sidewalks and Other Public Places of the City of Milton Code of Ordinances, or be reconstructed to meet such Prepared by the Community Development Department for the Mayor and City Council Meeting on February 20, 2013 *Based on a revised site plan and revised letter of intent received by the Community Development Department on January 9, 2013. RZ12-15 2/8/2013 Page 21 of 23 criteria as required by the Department of Public Works. At a minimum the following shall apply: i. Driveway(s) shall provide a minimum uninterrupted ingress/egress distance of 25 feet measured from the right-of-way line to the nearest edge of drive or parking space. ii. Driveway(s) site distance shall be certified by professional engineer. iii. If at such time the Director of Public Works determines that the traffic generated by the site exceeds the design criteria, he/she may require the owner to conduct a traffic study to determine if the development warrants any additional improvements at no cost to the city. If improvements are determined to be warranted, owner shall install those at no cost to the city. iv. Satisfy the site distance for the 45 mph speed limit. b) Dedicate at no cost to the City of Milton prior to the approval of a Business License, Land Disturbance Permit, Subdivision Plat or Certificate of Occupancy (whichever comes first), sufficient land as necessary to provide the following rights-of-way: i. Provide at least 10.5 feet of right-of-way from the back of curb of all abutting road improvements, and along the entire property frontage. ii. Provide right-of-way miter at intersection of Hopewell Road and Thompson Road. Prepared by the Community Development Department for the Mayor and City Council Meeting on February 20, 2013 *Based on a revised site plan and revised letter of intent received by the Community Development Department on January 9, 2013. RZ12-15 2/8/2013 Page 22 of 23 Exhibit “A” Prepared by the Community Development Department for the Mayor and City Council Meeting on February 20, 2013 *Based on a revised site plan and revised letter of intent received by the Community Development Department on January 9, 2013. RZ12-15 2/8/2013 Page 23 of 23 Page is too large to OCR. ORDINANCE NO._______ PETITION NO. RZ12-15 STATE OF GEORGIA COUNTY OF FULTON AN ORDINANCE TO REZONE FROM AG-1 (AGRICULTURAL) DISTRICT TO H (HISTORIC) DISTRICT FOR THE EXISTING STRUCTURE CONTAINING 1,179 SQUARE FEET ON A .5240 ACRE PARCEL OF LAND. BE IT ORDAINED by the City Council for the City of Milton, Georgia while in regular session on February 20, 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 the southwest corner of Hopewell and Thompson Roads, consisting of a total of approximately .5240 acre as described in the attached legal description, be rezoned to the H (Historic) District with conditions, attached hereto and made a part herein; ALL THAT TRACT or parcel of land lying and being Land Lot 534 of the 2nd District 2nd Section, City of Milton, Fulton County, Georgia; and SECTION 2. That the H (Historic) zoning listed in the attached conditions of approval, be approved under the provisions Chapter 64, Article VI, Division 26 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 20th day of February, 2013. _________________________________ Mayor Joe Lockwood Attest: ___________________________ Sudie AM Gordon, City Clerk (Seal) RECOMMENDED CONDITIONS RZ12-15 If this petition is approved by the Mayor and City Council, it should be H (Historic) District 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) Country store and associated accessory uses on a .5240 acre including the existing 1,179 square foot structure and allowing only those uses that are specific to the previous historic use: retail store or shop selling groceries, hardware, seed and feed, sundry items, homemade food, beverages. Also permitted are seasonal items such as pumpkins, hay bales, pine straw, wreaths and Christmas trees so long as they are sold and displayed within the building or on the covered porch. The following uses shall be excluded; food preparation, garage, automobile repair or automotive specialty shop, gas station, landscaping business or garden center, financial establishment, drive through, commercial amusements, liquor sales and package stores, motels, hotels, adult oriented entertainment businesses including adult bookstores, adult entertainment or adult entertainment establishments as defined in Article 3.3.3., check cashing stores, coin operated laundries, video arcades, pool halls, nail salons, beauty salons, barber shops, flea markets, second hand surplus retail shops, roadside vending, roadside produce stands or seasonal business, precious metal sales, and billboards. 2) To the owner’s agreement to abide by the following: a) To the revised site plan received by the Community Development Department on January 9, 2013. Said site plan is site specific 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 or Certificate of Occupancy. Unless otherwise noted herein, compliance with all conditions shall be in place prior to the issuance of the Certificate of Occupancy. 3) To the owner’s agreement to the following site development considerations: a) Provide a 10-foot landscape strip along Thompson Road and a minimum 40-foot buffer at the easterly end to a 36-foot buffer on the westerly end along the south line of the Property (parallel to Thompson Road), running from the corner of an existing driveway North 80 degrees 44 minutes 27 seconds West 190.43 feet to the westerly property line. b) Provide a 10 foot landscape strip along the following property lines as described as North 68 degrees 10 minutes 12 seconds West 89.69 feet and North 21 degrees 34 minutes 48 seconds West 35.46 feet to the northerly line of an existing driveway for Outparcel 2 and North 60 degrees 44 minutes 57 seconds 29.57 feet. c) Provide a 10 foot setback for parking adjacent to residentially used property along the south property line. d) To allow onsite parking located to the front of a building or between a building and the public right-of-way (Hopewell Road). e) Provide a 10 foot landscape strip along the frontages of Hopewell Road and Thompson Road. f) Shall be in compliance with the City of Milton Sign Ordinance (Chapter 64 of the City Ordinance) for all future signage. g) All improvements to the site, structure and signs shall be reviewed and granted a Certificate of Appropriateness by the City of Milton Historic Preservation Commission. h) The proposed porch on the south side of the building as depicted on the revised site plan dated January 9, 2013 shall not be constructed. 4) To the owner’s agreement to abide by the following requirements, dedication, and improvements: a) Access to the site shall be subject to the approval of City of Milton Department of Public Works, prior to the issuance of a Business License, Land Disturbance Permit, Subdivision Plat or Certificate of Occupancy (whichever comes first). Entrance(s) shall conform to Chapter 48 Streets, Sidewalks and Other Public Places of the City of Milton Code of Ordinances, or be reconstructed to meet such criteria as required by the Department of Public Works. At a minimum the following shall apply: i. Driveway(s) shall provide a minimum uninterrupted ingress/egress distance of 25 feet measured from the right-of-way line to the nearest edge of drive or parking space. ii. Driveway(s) site distance shall be certified by professional engineer. iii. If at such time the Director of Public Works determines that the traffic generated by the site exceeds the design criteria, he/she may require the owner to conduct a traffic study to determine if the development warrants any additional improvements at no cost to the city. If improvements are determined to be warranted, owner shall install those at no cost to the city. iv. Satisfy the site distance for the 45 mph speed limit. b) Dedicate at no cost to the City of Milton prior to the approval of a Business License, Land Disturbance Permit, Subdivision Plat or Certificate of Occupancy (whichever comes first), sufficient land as necessary to provide the following rights-of-way: i. Provide at least 10.5 feet of right-of-way from the back of curb of all abutting road improvements, and along the entire property frontage. ii. Provide right-of-way miter at intersection of Hopewell Road and Thompson Road. REVISED SITE PLAN SUBMITTED JANUARY 9, 2013 To: Honorable Mayor and City Council Members From: Carter Lucas, PE – Director of Public Works Date: Submitted on February 7, 2013 for the February 20, 2013 Regular Council Meeting Agenda Item: Consideration to Accept an Application for the Abandonment of a Portion of Black Oak Road ______________________________________________________________________________ Department Recommendation: Accept for further review. Executive Summary: Black Oak Road is a dead end gravel road located in the northeast quadrant of the city in land lots 183, 250 and 251 of the 2nd district, 2nd section. It is a 60 foot right of way that runs east, southeast from Hopewell Road approximately 1,750 feet and ends on the applicant’s tract of land. Currently 1,130 feet of the right of way, as measured from Hopewell Road, is maintained by the city. The applicant is requesting that approximately 1,000 feet of right of way on their property be abandoned for future development. The portion to be abandoned would only be that portion that enters the applicant’s property and access to all existing homes would remain. Black Oak Road Cherokee County Forsyth County Privatization-Abandonment Page 2 of 2 Under the current privatization ordinance each application received to abandon or privatize any right-of-way must first receive an initial hearing before the Mayor and City Council to determine whether or not to accept the application for processing. At this meeting the Mayor and City Council may decide to accept the application or deny the application without further discussion. Acceptance of the application by the council does not constitute final approval of the application or the abandonment of the public road or right-of-way, or any portion thereof, it merely allows the application to proceed through the process. At this stage staff has not made a determination of the merits of the application only that it meets the minimum requirements to begin the evaluation. It should be noted that the abandonment of a road or right of way requires that the City Council make a finding of one of the following with respect to the roadway in question: 1. That no substantial public purpose is served by it; or, 2. That its removal from the municipal street system is in the best public interest. If the Mayor and City Council approve the application to move forward it shall be the responsibility of the applicant to prove to the satisfaction of the city that one of these conditions has been met. The supporting information provided by the applicant will be made available for the Mayor and Council to review prior to the initial public hearing. Funding and Fiscal Impact: N/A Alternatives: Deny the acceptance of the application and maintain the right-of-way as necessary. Legal Review: N/A Concurrent Review: N/A Attachment(s): Application City of Milton Public Works Department Phone(678)242-2500 1a 171G 13000 Deerfield Parkway Suite 107G Milton, Georgia 30004 Applicatioii to Abandon a Public Right -of -Way This Application must be filed by a person having the authority to act on behalf of the community. Where a Home Owner Association (HOA) is required by Chapter 48 of the City of Milton Code of ordinances to file the application, it must be submitted by a member of the board authorized to act on behalf of the HDA. Where an HDA is not required by said ordinance to file, the application must be made by a person authorized to act on behalf of the petitioning organization. Section 1: Contact Information Applicant Name: The Ryland Group, Inc, (Nan- afHOA or lndiridnar) Lipscomb, Johnson, Sleister,Dailey & Smith, f.)rP Name: Joshua Scoggins Phone Number: 770-887-'7761 Position; Attorney for Ryland Address: 112 North Main Street Email Cumming, GA 30040 Section 2: Riaht-of-Way Information jscoggins@lipscombjohnson.com This application is submitted for (check one): XM Abandonment ❑ Privatization Right -of -Way Name or Subdivision Name: Slack Oak Road Width of Existing Right -of -Way: 6o feet Lineal Feet (measured along the centerline) to be Vacated :.g„Trcx 1 .400 feet Section 3: Reason for Abandonment This request for abandonment is being made based on a determination of the following (check one): fa That no substantial public purpose is served by the right-of-way; ❑ That the removal of the right-of-way from the municipal street system is in the best public interest. a. Please indicate the purpose for which the right-of-way is to be vacated: To facilitate the construction of a residential subdivision of single— family e a he lots. _ b. How is the right-of-way currently being used? The right—of—The right—of—wayis not currently currently being used. r City of Milton Pttblie Works Department Phonc (678) 242-2500 e. How many adjaccnt property owners will be affcctecl by ibis request? d, How clots the property owner propose to use flip right-of-way if abandoned'? 13000 Dccrlield Parkway Suite INN Miltmr, Gcorgia 30004 Me land currently coma — — -pa-rt of the sub❑4� fan., C. Arc there any p►tb11 tiliptacs or trtfiastntcture currently locatcd within the right-of-way? Cltcck all [lint aptrly: ❑ Cable Television ❑ Electric ❑ Gas ❑ Sanitary Sewer ❑ Stornttvater ❑ Telepholtc ❑ Water ❑ Other, }Tease describe: Section 4: Attachments and E110its o Plat of the existing subdivision, If Ilse right-of-way is not located in a platted subdivision (lien a nrap or sttrvey should be provided willr sufficient detail to (ICmO115irate EI>e location atul nature of tlta right -of - Way. Where a subdivision plat is not rcquired, a list of all affectccl property owners shall be provided, Section 5: Si nature of the A vlicaut The following signature signifies that all of the information provided ori this application is accuratc and coucct to the best of the applicant's knowledge, and Ilhat tate applicant has tIiorottghIy rcad and tsndcrstands all of flit application recpuiremmils. In addition, the aplrlicant fttrthcr certifies that they understand that it shall be the responsibility of the applicant to demonstrate compliance with the above conditions. The applicant is rcquired to submitall necessary supporting documentation to establish the facmal basis on which [his rcqucst is made. Any, and all, costs associated with Pro vicling this ii=formation is the sole responsibility of tlae applicant. Wx r r51gisrrrrr (1.4 ' r W h City of Milton Public Works Department Phone(678)242-2500 This completed application form should be sent to: City of Milton Department of Public Works 13000 Deerfield Parkway, Suite 107G Milton, GA 30004 Office Use Only Praiect Number: Date Application Received: Date Initial Council Consideration: Date Initial Public Hearing: Date Final Public Hearing: Petition Verified (Y/N): Date Complete: 13000 Deerfield Parkway Suite 107G Milton, Georgia 30004 LAW OFFICES LIPSCOMB, JOHNSON, SLEISTER, DAILEY & SMITH, LLP 112 NORTH MAIN STREET GUMMING, GEORGLA 30040 TELE PH0ME' 770-887-7761 EM0RY LIPS COM8 FAX: 770.889.8123 MICHAEL R. SLEISTER COY R. JOHNSON, P. C_ Of Counsel L. LEE OAILEY PUTNAM CLARK SMITH, P. C. 'Also Licensed in TN J. ETHAN UNDER1N0O0, P.C.' J08HUAA- SCOGGINS January 18, 2013 City of Milton, Georgia Department of Public Works 13000 Deerfield Parkway, Suite 107 Milton, Georgia 30004 Re: Application of The Ryland Group, Inc. for Abandonment of a Portion of Black Oak Road Our firm is representing The Ryland Group, Inc. ("Ryland") in connection with its purchase of 105.17 acres of land located in the City of Milton. Chapter 48, Article III, Division 2, Section 48- 158(a)(2)(d) requires all applicants for road abandonments to submit documentation establishing the factual basis upon which the abandonment request is made. This letter is intended to serve as the documentation required by the preceding Code section. Black Oak Road is a dirt road, purportedly sixty (60) feet wide, which connects to Hopewell Road and dead ends at a lake located on Ryland's property. Black Oak Road does not connect to any other road other than Hopewell Road. Black Oak Road currently serves several parcels of land which are more clearly depicted on the survey attached hereto as Exhibit "A." Ryland is proposing to develop its property into a single-family detached subdivision consisting of seventy-seven (77) lots. A copy of the conceptual site plan is attached hereto as Exhibit `B." Ryland is seeking abandonment of the portion of Black Oak Road highlighted in pink on Exhibit "A" in order to facilitate the development of its property. As you can see on the concept plan, Ryland's internal subdivision streets will connect directly onto Hopewell Road, thereby eliminating any public need for the abandoned segment. All of the property owners other than Ryland, who currently use Black Oak Road to access their properties will still be able to do so. The current owner of Ryland's property owns all of the property along both sides of Black Oak Road where the proposed abandonment will occur, and is therefore, the only property owner affected by the proposed abandonment. Based on the foregoing, we respectfully request that the City Council abandon the portion of Black Oak Road highlighted on Exhibit "A." Thank you for considering our request and please contact me if you have any questions or concerns. Kindest re arils, PoshuZ A. Scoggins Enclosures tv Qt >� �q0j 0� cj HOPE we, � � � � � r'J� I'J' JN N _ RoA� 60' R%Y A og avog TI,YAi ,fid o J ,8 l5•I , � �.�' ,f.� tl 57 n ; n (A e COLLET7 Nm ��N 1PF(1 /Z -OT] = m u N iiICH�OLS S gfL Ti L-�lp fi a �= a g Te G I� W 1}7,94' �t 5 00'1029 W T I D N s- 9n � N� > • m z z FULTON OOUNTY, GEORGIA AIII s {N � Una T - mN yy oil gig b m HSa�u VIM M R x yS�t $° ��� zh• � ata i�" � w . x� a N n N N 00' 7'31•E 267.12 — v GG�� nn n g Te G �GG�GGGG�-------=-6GGEI5GGI=g A BOUNDARY SURVEY FOR: FALLING WATER INVESMENTS N LL 182,183,249,250,251 - 2nd DISTRICT, 2nd SECTUN IF m FULTON OOUNTY, GEORGIA AIII BOUNDARY SURVEY Una - mN u;NS�Newulwntiw.w_o..N m HSa�u >n=mMmw��tamw inn;;n �p 1 Orb yLti ' z Vi p szl rt` N 6L� r C N ! sol L54 -- N 8� o N r 0 I� w , �0 � AkAGNETIC N nn n g Te g A BOUNDARY SURVEY FOR: FALLING WATER INVESMENTS N LL 182,183,249,250,251 - 2nd DISTRICT, 2nd SECTUN IF m FULTON OOUNTY, GEORGIA AIII BOUNDARY SURVEY HUSSEY, GAY, BELL & UEYQUNG ENGINEERS & SURVEYORS 625 Green Street N.E. Galnesvllle, Ga 30501 Tel. (770)53Fr1133 Fax C770Y53.-1134 EXHIBIT "8" �51 -g aes• i t=��.........:.••..:�....................;cixswi kilo '—Fe"" Mte '.�l__ PREC7 GfEN.�RY s� PLANR Engineering, inc. �$ F17R 4I NTA COuuEK- k 5e n6L EHd MN6 N6R AT SIOPENELL ROAD amo nn.cr a eraocc wwo suit£ c r FULTON COUNPY. CEORGU rxrscx�s. w 3oaT F-Afe I6Te] 23�-5PB'! Page 1 of 3 STATE OF GEORGIA COUNTY OF FULTON RESOLUTION NO. ______ A RESOLUTION SUPPORTING LOCAL LEGISLATION BY THE GEORGIA HOUSE OF REPRESENTATIVES AND SENATE AMENDING AND CLARIFYING THE CITY OF MILTON CHARTER THE COUNCIL OF THE CITY OF MILTON HEREBY RESOLVES while in regular session on the 18th day of February, 2013: WHEREAS, the City of Milton, Georgia is created and its powers derived from its Charter, which is approved by the State Legislature; and WHEREAS, a Charter Commission convened five years after Milton’s incorporation to provide recommendations for the Local Delegation to consider; specifically, their recommendations sought to clarify or amend sections determined to be ambiguous or in need of modification for operational reasons; and WHEREAS, certain clarifications or alterations are not included in this Resolution as they may be executed through the Mayor and City Council’s powers of home rule; and WHEREAS, there are five topics requiring action by the General Assembly; and WHEREAS, after input from many groups and individuals, including but not limited to, the Mayor and City Council, the Charter Commission, the Local Delegation, Milton Staff, the Milton City Attorney, the Milton Financial Advisor, Community Professionals and Milton Citizens, it is concluded local legislation is supported and warranted; and WHEREAS, the 2010 Census reveals electoral districts, as originally contemplated at the city’s incorporation, are now unbalanced due to substantial population growth and offer a potential threat to the fundamental freedom of fair and equal representation; and WHEREAS, in weighing those circumstances, Milton requests the Local Delegation consider redistricting the city by consolidating six districts into three, with two members of Council elected from each of the three districts serving staggered terms with a Mayor elected at large; and WHEREAS, the Charter provides for a Mayoral veto; and WHEREAS, as contemplated in the Charter, the strength of that Mayoral veto is ambiguous; to clarify, it has been interpreted by Legal Counsel that the threshold to overturn such a veto could be only a simple majority (the same threshold of Page 2 of 3 any vote), and because of this, the veto practically does not exist; thus, a stronger threshold to overturn is appropriate; and WHEREAS, the Charter specifies the millage rate cap is subject to modification if “approved by a majority of the eligible voters of the city by referendum” and contains ambiguity regarding the definition of eligible voters as indicated by the city attorney and legislative counsel of the Georgia General Assembly and the interpretation could subject the city to court challenge; and WHEREAS, the millage rate cap language in the Charter requires further clarification specifying that the qualified voters are the voters participating in a referendum, and it pertains to operating budget purposes; and WHEREAS, the original Charter adopted by the General Assembly creating Milton and approved by an overwhelming majority of voters did not contain term limits; and WHEREAS, there are more than 500 cities in the State of Georgia and research by the Georgia Municipal Association identified less than 25 of them had any term limit placed upon the Mayor or the City Council and only two cities with similar, but less restrictive, term limits; and WHEREAS, there is value in recognizing the elected historical experience of the Mayor and City Council and its support of effective and continuous municipal operations; and WHEREAS, in more closely aligning Milton with other cities in the State of Georgia and the Metro Atlanta region, limiting elected officials to three consecutive terms is reasonable; and WHEREAS, the Charter calls for the Mayor and City Council to select a Mayor Pro Tempore to act on behalf of the Mayor in his stead, and that the selection shall be from amongst themselves by majority vote; and WHEREAS, in order to not conflict with the staggered election cycle and allow rotation of the responsibility, we support the Mayor Pro Tempore term to be one year, elected by a majority vote of the Mayor and Council at their first regularly scheduled meeting of each calendar year. NOW, THEREFORE, BE IT RESOLVED BY THIS COUNCIL OF THE CITY OF MILTON, GEORGIA: 1. That this Resolution is intended to officially indicate the support of the Mayor and City Council for the modifications and clarifications needed in the Milton Charter; and Page 3 of 3 2. The Mayor and Council are appreciative of the Local Delegation for their desire to make modifications and clarifications to the Milton Charter when they are determined appropriate; and 3. The City Manager is directed to deliver this Resolution to the Local Delegation for their consideration. RESOLVED this 18th day of February, 2013. Approved: _______________________ Joe Lockwood, Mayor _____________________________ ____________________________ Karen Thurman, Councilmember Matt Kunz, Councilmember ______________________________ ____________________________ Bill Lusk, Councilmember Burt Hewitt, Councilmember ______________________________ ____________________________ Joe Longoria, Councilmember Lance Large, Councilmember Attest: ___________________________ Sudie AM Gordon, City Clerk (Seal)