Loading...
HomeMy WebLinkAbout06-17-2013-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 Monday, June 17, 2013 Regular Council Meeting Agenda 6:00 PM INVOCATION - Patrick Abent, Inner Quest Church, Milton, Georgia. CALL TO ORDER 1) ROLL CALL 2) PLEDGE OF ALLEGIANCE (Led by Mayor Joe Lockwood) 3) APPROVAL OF MEETING AGENDA (Add or remove items from the agenda) (Agenda Item No. 13-144) 4) PUBLIC COMMENT 5) CONSENT AGENDA 1. Approval of the June 3, 2013 Regular City Council Meeting Minutes. (Agenda Item No. 13-145) (Sudie Gordon, City Clerk) MILTON CITY COUNCIL REGULAR COUNCIL MEETING JUNE 17, 2013 Page 2 of 4 Persons needing special accommodations in order to participate in any City meeting should call 678-242-2500. 2. Approval of the June 10, 2013 Work Session Meeting Minutes. (Agenda Item No. 13-146) (Sudie Gordon, City Clerk) 3. Approval of the Financial Statements for the Period Ending May, 2013. (Agenda Item No. 13-147) (Stacey Inglis, Assistant City Manager) 4. Approval of the following plats: Name of Development Action Comments Braeburn aka Office Village Final plat revision Add buildings 80 & 90 Charles E. Smith Minor subdivision plat revision Revise property lines American Family Care Minor subdivision plat revision Revise drainage easement Kingsley Estates – Phase I – Unit 2 C Final Plat Create 11 lots David Chatham & Rhonda B. Chatham Minor plat revision Combine parcels Jackson Estates (formerly known as Art Worley Subdivision) Final plat revision Revise property line lots 1 and 2 Deerfield Green III Final plat revision Revise lot lines 544-592 & 592-506, revise DE lots 540-544, remove B.L. lots 558, 562,570, 574 William Flanigan Minor plat re-plat Revise property lines The Shops at Windward Village Final plat revision Add tract E (Agenda Item No. 13-148) (Kathleen Field, Community Development Director) 5. Approval of a Construction Services Agreement Between the City of Milton and Strickland Pipeline and Construction, Inc. for Miscellaneous Bridge Repairs. (Agenda Item No. 13-149) (Carter Lucas, Public Works Director) 6. Approval of a Settlement from Consent Final Order and Judgment of the Condemnation of 0.411 Acres of Right of Way and 0.390 Acres of Permanent Construction and Maintenance Easement and 0.015 Acres of Temporary Construction Easement at 14000 New Providence Road from Randy O. Miller; Nancy C. Rolnick n/k/a Nancy Feldman; Gary Donner; Sheila Donner; Howard B. Workman; Ronald D. Balser; H. Stephen Merlin and Lawton M. Nease, III, as Trustees of J. Gordon Beckham, Jr., Trust Created Under Trust Agreement dated December 16, 1987; Self Realization Fellowship, an Ecclesiastic Association of the State of California; Jeff Van Tosh; and Arthur E. Ferdinand as Fulton County Tax Commissioner in the Amount of $50,000. (Agenda Item No. 13-150) (Carter Lucas, Public Works Director) MILTON CITY COUNCIL REGULAR COUNCIL MEETING JUNE 17, 2013 Page 3 of 4 Persons needing special accommodations in order to participate in any City meeting should call 678-242-2500. 7. Approval of an Intergovernmental Agreement for the Provision of Animal Control Services Between the City of Milton and Fulton County. (Agenda Item No. 13-151) (Stacey Inglis, Assistant City Manager) 6) REPORTS AND PRESENTATIONS (None) 7) FIRST PRESENTATION 1. Consideration of HD13-01 – Consideration of an Ordinance for Historic Designation of the Property Located at 15690 Hopewell Road (The Hopewell House). (Agenda Item No. 13-152) (Joint Public Hearing by Historic Preservation Commission and City Council held on May 20, 2013) (Kathleen Field, Community Development Director) 8) PUBLIC HEARING (None) 9) ZONING AGENDA 1. Consideration of RZ13-11 – To Adopt a New Use Permit within Article IX, Division 5, Miscellaneous Uses, Section 64-1840 – Rowhouses (Townhouses). (Agenda Item No. 13-135) (First Presentation at June 3, 2013 Regular Council Meeting) (Discussed at June 10, 2013 Work Session) (Kathleen Field, Community Development Director) 2. Consideration of RZ13-12 – To Amend Chapter 64, Zoning Ordinance, Article I, in General, Section 64-1 Definitions as it Pertains to Rowhouses (Townhouses). (Agenda Item No. 13-136) (First Presentation at June 3, 2013 Regular Council Meeting) (Discussed at June 10, 2013 Work Session) (Kathleen Field, Community Development Director) MILTON CITY COUNCIL REGULAR COUNCIL MEETING JUNE 17, 2013 Page 4 of 4 Persons needing special accommodations in order to participate in any City meeting should call 678-242-2500. 10) UNFINISHED BUSINESS 1. Consideration of an Ordinance to Amend Chapter 4, Alcoholic Beverages, Sec. 4-168, Temporary Special Event License (Pouring Permit) to Allow, During the Term of a Special Event, Open Container Consumption Within the Fixed Boundaries of the Physical Area Where the Special Event is Authorized by Licensed Premises Located Entirely Within that Fixed Boundary. (Agenda Item No. 13-137) (First Presentation at June 3, 2013 Regular Council Meeting) (Discussed at June 10, 2013 Work Session) (Ken Jarrard, City Attorney) 2. Consideration of an Ordinance of the City Council to Authorize Fulton County to Conduct Election. (Agenda Item No. 13-138) (First Presentation at June 3, 2013 Regular Council Meeting) (Ken Jarrard, City Attorney) 11) NEW BUSINESS 1. Consideration of the Approval of an Agreement Between the City of Milton and Crabapple Community Association Regarding Responsibilities and Obligations Related to Co-hosting of the Crabapple Fest. (Agenda Item No. 13-153) (Ken Jarrard, City Attorney) 2. Consideration of a Resolution Appointing a Member to the City of Milton Construction Board of Adjustment and Appeals by Appointing a Board Member for District 5. (Agenda Item No. 13-154) (Mayor Joe Lockwood) 12) MAYOR AND COUNCIL REPORTS 13) STAFF REPORTS 14) EXECUTIVE SESSION (if needed) 15) ADJOURNMENT (Agenda Item No. 13-155) The minutes will be Provided electronically HOME OF 'I Z i=w Bks � L�:JAE.11 Y OF LIFE [N C�1 ORGIA' M I LTON% TO: City Council ESTABLISHED 260G CITY COUNCIL AGENDA ITEM DATE: June 10, 2013 FROM: City Manager AGENDA ITEM: Approval of the Financial Statements for the Period Ending May, 2013. MEETING DATE: Monday, June 17, 2013 Regular City Council Meeting. BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (JPPROVED {} NOTAPPROVED CITY A TTORNEY APPROVAL REQUIRED: () YES (,y,NO r C1 TY A TTORNEY REVIEW REQUIRED: { } YES { j' fVO APPROVAL BY CITY ATTORNEY () APPROVED () NOTAPPROVED PLACED ON AGENDA FOR: REMARKS: Your PHONE: 678.242.25001 FAX: 678.242.2499 nwe� -Greeny ; ee*1C*; rov,?po infoOci ofmilton a.us www.cRyofmiifongn.us " -_ ___ Community �'ryDf 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 - °Ei"m"° apow i� To: Honorable Mayor and City Council Members From: Stacey Inglis, Assistant City Manager Date: Submitted on June 13, 2013 for the June 17, 2013 Regular Council Meeting Agenda Item: Financial Statements for Period 8 – May 2013 Overview and Financial Highlights: General Fund Revenue collections for the General Fund are 3.4% over what is anticipated for the eighth period of the fiscal year. Total expenditures to-date are $12,476,129 and are 4.8% less than expected for this period of the fiscal year. Capital Project Fund Expenditures within this fund continue to occur on a project-by-project basis. With a total project expenditure budget of $12,627,728, capital expenditures-to-date total $2,996,854. City of Milton STATEMENT OF REVENUES & EXPENDITURES General Fund For the Period Ending May 2013 Actual Budgeted Variance over/(under)Actual Budgeted Variance over/(under) Property Tax 8,333,100 12,832 12,819 13 330,588 324,100 6,488 Motor Vehicle Tax 550,000 69,995 45,833 24,162 380,269 320,833 59,436 Intangible Tax 200,000 24,381 16,667 7,715 152,712 116,667 36,046 Real Estate Transfer Tax 50,000 6,146 4,167 1,979 31,774 29,167 2,607 Franchise Fees 1,800,000 26,642 - 26,642 964,338 1,035,000 (70,662) Local Option Sales Tax 4,000,000 326,761 333,333 (6,573) 2,342,894 2,333,333 9,560 Alcohol Beverage Excise Tax 280,000 23,105 23,333 (229) 168,724 163,333 5,390 Business & Occupation Tax 585,000 16,058 11,700 4,358 592,527 585,000 7,527 Insurance Premium Tax 1,500,000 - - - - - - Financial Institution Tax 33,900 - - - 33,918 33,900 18 Penalties & Interest 40,550 4,421 3,379 1,042 34,082 27,033 7,049 Alcohol Beverage Licenses 134,000 - - - 141,100 134,000 7,100 Other Non-Business Permits/Licenses 9,400 1,530 700 830 8,528 6,272 2,256 Zoning & Land Disturbance Permits 44,500 1,100 3,708 (2,608) 70,310 29,667 40,644 Building Permits 340,000 51,345 28,333 23,012 275,252 226,667 48,585 Other Charges for Service 355,470 39,497 28,386 11,111 308,561 258,122 50,439 Municipal Court Fines 361,000 34,866 30,083 4,783 220,064 240,667 (20,603) Interest Earnings 13,000 1,351 - 1,351 14,155 8,667 5,488 Contributions & Donations 4,675 175 390 (215) 4,850 3,117 1,733 Other Revenue 45,408 1,495 2,289 (794) 33,490 30,272 3,218 Other Financing Sources 44,000 6,835 800 6,035 27,409 29,333 (1,924) Total Revenues 18,724,003 648,536 545,920 102,615 6,135,544 5,935,149 200,395 Actual Budgeted Variance over/(under)Actual Budgeted Variance over/(under) Mayor and Council 188,877 8,638.71 9,621 (983) 115,708 121,235 (5,527) City Clerk 218,385 13,367.38 17,203 (3,836) 123,837 141,053 (17,215) City Manager 288,157 21,001.61 20,596 405 177,372 185,003 (7,631) General Administration 39,664 1,614.45 2,764 (1,149) 21,459 23,476 (2,018) Finance 491,538 30,902.32 33,752 (2,849) 321,462 328,998 (7,536) Legal 230,000 20,822.90 19,167 1,656 112,694 115,000 (2,306) Information Technology 631,976 31,893.98 52,616 (20,722) 416,142 421,748 (5,606) Human Resources 289,026 22,317.61 22,006 311 166,066 173,767 (7,701) Risk Management 195,015 - - - 175,218 190,717 (15,499) General Government Buildings 352,402 35,713.50 37,412 (1,698) 225,262 238,634 (13,372) Public Information & Marketing 172,990 12,970.19 11,962 1,008 91,314 106,725 (15,411) Municipal Court 238,324 15,734.96 18,386 (2,651) 143,230 152,633 (9,403) Police 3,050,934 184,801.47 230,622 (45,821) 1,800,370 1,957,042 (156,672) Fire 4,644,572 335,331.04 388,744 (53,413) 2,851,221 3,053,541 (202,320) EMS Operations 132,250 11,020.83 11,021 (0) 88,167 88,167 (0) Public Works 1,730,612 107,814.98 159,189 (51,374) 917,122 1,008,886 (91,763) Parks & Recreation 585,444 41,505.25 46,479 (4,974) 229,250 278,655 (49,405) Community Development 936,621 70,488.63 72,227 (1,738) 586,977 597,670 (10,694) Economic Development 39,673 2,891.56 2,966 (74) 21,806 25,379 (3,573) Debt Service - Capital Lease Payment 90,770 - - - 90,769 90,769 - Operating Transfers to Other Funds 6,992,474 - - - 3,800,683 3,800,683 - Operating Reserve 145,472 - - - - - - Total expenditures 21,685,176 968,831 1,156,733 (187,901)12,476,129 13,099,781 (623,651) Net Income/(Loss)(2,961,173)(320,296)(6,340,585) Fund Balance - Beginning 10,103,680 10,103,680 Fund Balance - Ending 7,142,507 3,763,095 Revenues Annual Budget Current Month Year-to-Date Operating Expenditures Annual Budget Current Month Year-to-Date 2 Original Budgeted Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES Milton Roundup Vendor Fee 1,275$ -$ 570$ (705)$ Earth Day Vendor Fee 1,500 - 1,350 (150) Interest Revenues 100 2 24 (76) Milton Roundup Sponsor 5,000 - 10,881 5,881 Earth Day Sponsor 2,000 - 4,500 2,500 Concert Sponsor - - - - Mayor's Run Sponsor 1,500 - 2,250 750 Donations/Better World Books - - - - T-shirt Sales - - - - Mayor's Run Reg. Fees 2,250 - 1,590 (660) Roundup Food Sales - - 642 642 Total revenues 13,625$ 2$ 21,808$ 8,183$ EXPENDITURES Current: Special Events 59,925$ 5,194$ 43,737$ 16,188$ Total Expenditures 59,925$ 5,194$ 43,737$ 16,188$ OTHER FINANCING SOURCES (USES) Transfers in from Hotel/Motel Tax Fund 30,000$ 1,951$ 30,000$ -$ Total other financing sources and uses 30,000$ 1,951$ 30,000$ -$ Net change in fund balances (16,300)$ 8,071$ Fund balances - beginning 38,475 38,475 Fund balances - ending 22,175$ 46,547$ City of Milton Special Events Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended May 31, 2013 3 Original Budgeted Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES Cash Confiscations/State Funds -$ -$ -$ -$ Cash Confiscations/Fed Funds/US Marshal - - - - Cash Confiscations/HIDTA - 446 26,100 Interest Revenues/State Funds - 3 25 25 Interest Revenues/Federal Funds - 2 16 Realized Gain on Investments/State Funds - - - Budgeted Fund Balance - - - - Total revenues -$ 451$ 26,141$ 25$ EXPENDITURES Current: Police -$ 600$ 5,684$ (5,684)$ Total Expenditures -$ 600$ 5,684$ (5,684)$ OTHER FINANCING SOURCES (USES) Transfers in from General Fund -$ -$ -$ -$ Total other financing sources and uses -$ -$ -$ -$ Net change in fund balances -$ 20,457$ Fund balances - beginning 89,080 89,080 Fund balances - ending 89,080$ 109,537$ City of Milton Confiscated Assets Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended May 31, 2013 4 Original Budgeted Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES Wireless 911 Fees 785,000$ 45,122$ 435,811$ (349,189)$ Interest Revenue 680 34 383 (297) Total revenues 785,680$ 45,156$ 436,194$ (349,486)$ EXPENDITURES Current: Public Safety 993,599$ 1,600$ 511,637$ 481,962$ Total Expenditures 993,599$ 1,600$ 511,637$ 481,962$ OTHER FINANCING USES Unallocated -$ -$ -$ -$ Total other financing sources and uses -$ -$ -$ -$ Net change in fund balances (207,919)$ (75,443)$ Fund balances - beginning 790,699 790,699 Fund balances - ending 582,780$ 715,256$ City of Milton E-911 Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended May 31, 2013 5 Original Budgeted Amounts Amended Budgeted Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES Intergovernmental Revenues SAFER Grant -$ -$ -$ -$ -$ Bulletproof Vest Program - - - - - Byrne-JAG Grant - - - - - GDCC Mini Grants 10,800 21,942 - 21,942 0 GEMA Grant - 754 - 754 (0) FRESH Grant - - - - - Interest Revenues - - 0 4 4 Total revenues 10,800$ 22,696$ 0$ 22,700$ 4$ EXPENDITURES Current: General Administration 17,230$ 6,058$ -$ 6,055$ 3 Police - 377 - 377 0 Fire 142,994 112,821 - 71,021 41,800 Parks & Recreation - - - - - Total Expenditures 160,224$ 119,256$ -$ 77,453$ 41,803$ Excess of revenues over expenditures (149,424) (96,560) 0 (54,753) 41,807 OTHER FINANCING SOURCES (USES) Transfers in from General Fund 149,424$ 96,560$ -$ 71,555$ (25,005)$ Total other financing sources and uses 149,424$ 96,560$ -$ 71,555$ (25,005)$ Net change in fund balances - - 16,802 Fund balances - beginning 3,101 3,101 3,101 Fund balances - ending 3,101$ 3,101$ 19,903$ City of Milton Operating Grant Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended May 31, 2013 6 Original Budgeted Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES Taxes Hotel/Motel Taxes 50,000$ 5,561$ 33,610$ (16,390)$ Total revenues 50,000$ 5,561$ 33,610$ (16,390)$ OTHER FINANCING SOURCES/(USES) Transfers out to General Fund 20,000$ 3,610$ 3,610$ (16,390)$ Transfers out to Special Events Fund 30,000 1,951$ 30,000$ - Total other financing sources and uses 50,000$ 5,561$ 33,610$ (16,390)$ Net change in fund balances - - Fund balances - beginning - - Fund balances - ending -$ -$ City of Milton Hotel/Motel Tax Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended May 31, 2013 7 Original Budgeted Amounts Amended Budgeted Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES Charges for Service Infrastructure Maintenance Fee 60,000$ 60,000$ 7,441$ 39,020$ (20,980)$ Sidewalk Replacement Account - - - - - Crabapple Paving Fee - 2,100 1,050 4,200 2,100 Traffic Calming - 5,800 - 5,800 - Tree Recompense - 2,500 - 2,500 - Landfill Host Fees 80,000 80,000 - 39,610 (40,390) HYA Fees 10,000 10,000 - - (10,000) Interest Revenue 5,000 5,000 194 2,311 (2,689) Realized Gain or Loss on Investments - - - - - Insurance Proceeds/Public Safety - 10,154 - 10,154 0 Insurance Proceeds/Public Works - - - - - Atlanta HIDTA Stipend 3,000 3,000 - - (3,000) Capital Lease Proceeds - - - - - Total revenues 158,000 178,554 8,686$ 103,595$ (74,959)$ EXPENDITURES Capital Outlay City Council 78,172$ 78,172$ -$ 41,734$ 36,438$ Police 1,267,759 2,027,913 34,156 209,977 1,817,936 Fire 993,117 993,117 - 63,766 929,351 Public Works 7,054,689 6,961,400 90,799 1,338,600 5,622,800 Parks & Recreation 2,498,907 2,498,907 - 1,307,035 1,191,872 Community Development 65,069 67,569 - 35,742 31,827 Total Capital Outlay 11,957,713$ 12,627,078$ 124,954$ 2,996,854$ 9,630,224$ Excess of revenues over expenditures (11,799,713) (12,448,524) (116,269) (2,893,259) (9,705,183) OTHER FINANCING SOURCES/(USES) Transfers in from General Fund 4,879,890$ 5,799,751$ -$ 3,111,906$ (2,687,845)$ Unallocated (141,471) (141,471) - - 141,471 Total other financing sources and uses 4,738,419 5,658,280 - 3,111,906 (2,546,374) Net change in fund balances (7,061,294) (6,790,244) 218,647 Fund balances - beginning 6,878,897 6,878,897 6,878,897 Fund balances - ending (182,397)$ 88,653$ 7,097,545$ City of Milton Capital Project Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended May 31, 2013 8 Original Budgeted Amounts Amended Budgeted Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES Intergovernmental Revenues CDBG 170,000$ 170,000$ -$ -$ (170,000)$ LMIG Funds - 248,811 - 248,811 0 GDOT HPP Funds 7,559,147 7,559,147 - 231,213 (7,327,934) LCI Funds 100,000 100,000 - - (100,000) GA Urban Forestry Grant - - - 20,000 20,000 MARTA Grant 177,355 177,355 - - (177,355) Deerfield @ Morris Grant 350,000 - - - - SR 9 @ Bethany Bend Grant 60,000 60,000 - - (60,000) GDOT-Signage/Landscaping 9,000 9,000 - - (9,000) Interest Revenues 1,500 1,500 39 867 (633) Total revenues 8,427,002$ 8,325,813$ 39$ 500,891$ (7,824,922)$ EXPENDITURES Capital Outlay Public Works 10,091,046$ 10,091,046$ 584,696$ 1,659,112$ 8,431,934$ Community Development 869,000 869,000 - - 869,000 Total Capital Outlay 10,960,046$ 10,960,046$ 584,696$ 1,659,112$ 9,300,934$ Excess of revenues over expenditures (2,533,044) (2,634,233) (584,657) (1,158,221) 1,476,012 OTHER FINANCING SOURCES (USES) Transfers in from General Fund 994,974$ 1,096,163$ -$ 617,222$ (478,941)$ Total other financing sources and uses 994,974$ 1,096,163$ -$ 617,222$ (478,941)$ Net change in fund balances (1,538,070) (1,538,070) (540,998) Fund balances - beginning 1,608,410 1,608,410 1,608,410 Fund balances - ending 70,340$ 70,340$ 1,067,411$ City of Milton Capital Grant Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended May 31, 2013 9 9 HOME OF `THE BEST QUALITY OF LIFE IN GEORGIA' - M ILTO .. N*k ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM T0: City Council DATE: June 10, 2013 FROM: City Manager AGENDA ITEM: Approval of the fallowing plats: Name of Development Action Comments Braeburn aka Office Village Final plat revision Add buildings 80 & 90 Charles E. Smith Minor subdivision plat revision Revise property lines American Family Care Minor subdivision plat revision Revise drainage easement Kingsley Estates — Phase I — Unit 2 C Final Plat Create 1 i lots David Chatham & Rhonda B. Chatham Minor plat revision Combine parcels Jackson Estates (formerly known as Art Worley Subdivision) Final plat revision Revise property line lots 1 and 2 Deerfield Green Ill Final plat revision Revise lot lines 544-592 & 592-506, revise DE lots 540-544, remove S.L. lots 558, 562,570, 574 William Flanigan Minor plat re -plat Revise property lines The Shops at Windward Village I Final plat revision Add tract E MEETING DATE: Monday, June 17, 2013 Regular City Council Meeting. BACKGROUND INFORMATION: (Attach additional pages it necessary) See attached memorandum r APPROVAL BY CITY MANAGER: (J APPROVED { } NOT APPROVED CITY A TTORNEY APPRO VAL REQUIRED: (J YES NO CI TY A TTORNEY REVIEW REQUIRED: { J YES (-KN O Page 1 of 2 APPROVAL BY CITY A TTORNEY ()APPROVED () NOT APPROVED PLACED ON AGENDA FOR: (� 0-2 /}/� n REMARKS: Page 2 of 2 To: Honorable Mayor and City Council Members From: Kathy Field, Community Development Director Date: Submitted on May 27, 2013 for the June 17, 2013 Regular Council Meeting Agenda Item: Approval of Subdivision Plats ____________________________________________________________________________ Department Recommendation: To approve the subdivision related plats and revisions stated below. Executive Summary: The Milton Subdivision Regulations require that the Mayor and City Council approve all Final Plats, Final Plat Re-recording, Revisions, and Minor Plats once the matter has been reviewed and certified by the Community Development Director in accordance with the Subdivision Regulations. The following Final Plats, Final Plat Re-recording, Revisions, and Minor Plats have been reviewed and certified by the Community Development Director in accordance with the City’s Subdivision Regulations: Name of Development Action Comments Braeburn aka Office Village Final plat revision Add buildings 80 & 90 Charles E. Smith Minor subdivision plat revision Revise property lines American Family Care Minor subdivision plat revision Revise drainage easement Kingsley Estates – Phase I – Unit 2 C Final Plat Create 11 lots David Chatham & Rhonda B. Chatham Minor plat revision Combine parcels Jackson Estates (formerly known as Art Worley Subdivision) Final plat revision Revise property line lots 1 and 2 Deerfield Green III Final plat revision Revise lot lines 544-592 & 592-506, revise DE lots 540-544, remove B.L. lots 558, 562,570, 574 William Flanigan Minor plat re-plat Revise property lines The Shops at Windward Village Final plat revision Add tract E Plat Revision Staff Memo 2 Funding and Fiscal Impact: None Alternatives: Do not approve. Legal Review: None Concurrent Review: Chris Lagerbloom, City Manager Attachment(s): None HOME OF ' ozQUALITY OF LIFE IN GEORGIA' M I L -ST TO.N*k ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: June 10, 2013 FROM: City Manager AGENDA ITEM: Approval of a Construction Services Agreement Between the City of Milton and Strickland Pipeline and Construction, Inc. for Miscellaneous Bridge Repairs. MEETING DATE: Monday, June 17, 2013 Regular City Council Meeting. BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: {'APPROVED CITYATTORNEY APPROVAL REQUIRED: WYES CITY ATTORNEY REVIEW REQUIRED: (/YES APPROVAL B Y CITY A TTORNEY ()`APPROVED PLACED ON AGENDA FOR: REMARKS: ® .. You In PHONE: 678.242.25X I FAX: 678.242.2499 info4cifyofmiitonga.us I www.cityofmilfongo.us 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 {) NOTAPPROVED {) NO {) NO (} NOTAPPROVED IN1Ap Glider Community -- CkF1 ilil Z DRO NZF * Circi[tc,i * rdP�iaa Ethics UE Page 1 of 2 To: Honorable Mayor and City Council Members From: Carter Lucas, Public Works Director Date: Submitted on June 6, 2013 for the June 17, 2013 Regular Council Meeting Agenda Item: Approval of a Construction Services Agreement between the City of Milton and Strickland Pipeline and Construction, Inc. for Miscellaneous Bridge Repairs at Three Bridges Located on Hamby Road, Cogburn Road and Wood Road. ____________________________________________________________________________ Department Recommendation: Approval. Executive Summary: The project is to make various repairs to the bridge abutments at three bridge locations to provide better support for the bridge structures and pavement. Maintenance and repairs are being conducted on Cogburn Road and Hamby Road in advance of proposed new paving contracts to be awarded within the next 60 days. Failure to perform these repairs at this time could result in further settlement and deterioration of the supporting soils for the bridge and road surface. In accordance with the city procurement procedures 3 written bids were solicited to secure a qualified contractor to complete this project. Strickland Pipeline and Construction, Inc. was determined to be the lowest reliable bidder. Staff is recommending approval of a Construction Services Agreement with Strickland Pipeline and Construction, Inc. in the amount of $15,500.00. Table 1. Bid Summary Firm Bid Strickland Pipeline/Construction $15,500 Cook Construction $15,800 Blount Construction $17,680 Page 2 of 2 Funding and Fiscal Impact: Funding for this project is available in the Infrastructure/Bridge Replacement budget in the Public Works Department. Alternatives: There are no alternatives to this project. Legal Review: Jarrard & Davis, LLP – Paul Higbee, 4/15/2013 Concurrent Review: Chris Lagerbloom, City Manager Attachment(s): Construction Services Agreement •.+F C•F i� I V I Ii I I ICS CONSTRUCTION SERVICES AGREEMENT FOR MISCELLANEOUS BRIDGE REPAIRS This Agr ent (the "Agreement") to provide miscellaneous bridge repairs is made and entered into thisday nt�l.�y 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"), and Strickland Pipeline and Construction, Inc., a Georgia corporation with its principal place of business located at 125 Equest Drive, Canton, Georgia 30115 (hereinafter referred to as the "Contractor"). WITNESSETH: WHEREAS, the City issued an Request For Bid for Miscellaneous Bridge Repairs at various locations within the City; and WHEREAS, based upon Contractor's bid to construct and to provide the bridge improvements 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 (18 Pages); B. Invitation to Bid ITB (7 Pages), attached hereto as Exhibit "A"; C. Bid from Contractor dated April 2, 2013 (1 Pages), attached hereto as Exhibit «$". 9 D. Performance and Other Bonds, attached hereto collectively as Exhibit "C"; E. Non -collusion Affidavit of Prime Proposer, attached hereto 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"; Plans and specifications, attached hereto collectively as Exhibit "H", J. Final Affidavit, attached hereto as Exhibit "I", K. 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 L. City of Milton Code of Ethics. In the event of any discrepancy among the Contract Documents, that provision that inures most to the benefit of the City, as determined by the City in its sole discretion, shall govern. Section 2 Proieet Description This project consists of various repairs to bridge abutments at three locations; Hamby Road (east) Bridge, Cogburn Road Bridge and Wood Road Bridge (west). The contractor is responsible for all erosion and sediment control measures and for re -shaping the shoulders and slopes. 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. 2 Section 4 Contract Time This Contract shall take effect on . Contractor agrees to complete the Project within 21 caiendear days from the date of Notice to Proceed. Every effort will be made by Contractor to shorten this period. Section 5 Contractor's Compensation; Time and Method of Payment A. The total amount paid under this Agreement shall not, in any case, exceed 15,500.00, except as outlined in Section 6 below. City agrees to pay the Contractor for the work upon certification by the City that the Work was actually performed and costs actually incurred in accordance with the Agreement. This amount shall include all use, lease, or other taxes, and all expenses for personnel and equipment (including fuel) that Contractor will incur to provide the Work. Unless otherwise agreed in writing signed by both Parties, the compensation payable by the City to Contractor is limited to the price amount set forth in the Proposal Submittal Form, and City will not pay any other sum attributable to taxes, costs or expenses that Contractor may incur in providing the Work. B. Compensation for Work performed shall be paid to the Contractor upon receipt and approval by the City of invoices setting forth in detail the Work performed. Invoices shall be submitted on a monthly basis, and such invoices shall reflect charges incurred versus charges budgeted. Each invoice shall be accompanied by an Interim Waiver and Release upon Payment (or a Waiver and Release upon Final Payment in the case of the invoice for final payment) procured by the Contractor from all subcontractors in accordance with D.C.G.A. § 44-14-366. C. As long as the gross value of the completed work is less than 50% of the total contract amount and/or when satisfactory progress has not been achieved by the Contractor during any period for which payment is to be made, the City may retain a percentage of said payment, not to exceed ten percent (10%) of the maximum Contract Price to ensure performance of the Agreement. Said cause and progress shall be determined by the City, in its sole discretion, based on its assessment of any past performance of the Contractor and likelihood that such performance will continue. Upon completion of all contract requirements, retained amounts shall be paid promptly less any offsets or deductions authorized hereunder or by law. D. Any material deviations in tests or inspections performed, times or locations required to complete such tests or inspections and like deviations from the Work described in this Agreement shall be clearly communicated to the City before charges are incurred and shall be handled through change orders or construction change directives as described in Section 6 below. All invoices should be submitted to Rick Pearce (Budget and Procurement Coordinator), for approval. The City shall pay the Contractor within thirty (30) days after approval of the invoice by the City. No payments will be made for unauthorized work. Payment 3 will be sent to the designated address by U.S. Mail only; payment will not be hand -delivered. E. The City may withhold payment or final payment for reasons including, but not limited to, the following: unsatisfactory job performance or progress, defective work, disputed work, failure to comply with material provisions of the Agreement, third party claims filed or reasonable evidence that a claim will be filed or other reasonable cause. Section 6 Work Changes A. The City reserves the right to order changes in the Work to be performed under this Agreement by altering, adding to, or deducting from the Work. All such changes shall be incorporated in written change orders executed by the Contractor and the City. Such change orders shall specify the changes ordered and any necessary adjustment of compensation and completion time. If the Parties cannot reach an agreement on the terms for performing the changed work within a reasonable time to avoid delay or other unfavorable impacts as determined by the City in its sole discretion, the City shall have the right to determine reasonable terms and the Contractor shall proceed with the changed work. B. Any work added to the scope of this Agreement by a change order shall be executed under all the applicable conditions of this Agreement_ No claim for additional compensation or extension of time shall be recognized, unless contained in a written change order duly executed on behalf of the City and the Contractor. C. The City Manager has authority to execute without further action of the Milton City Council, any number of change orders so long as their total effect does not materially alter the terms of this Agreement or materially increase the total amount to be paid under this Agreement. Any such change orders materially altering the terms of this Agreement or increasing the total amount to be paid under this Agreement in excess of $10,000, must be approved by resolution of the Milton City Council. Section 7 Covenants of Contractor. A. Ethics Code Contractor agrees that it shall not engage in any activity or conduct that would be in violation of the City of Milton Code of Ethics. B. Time is of the Essence Contractor specifically acknowledges that TIME IS OF THE ESSENCE for completion of the Project. 4 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. 5 G. Contractor's Representative O+W9f-7,7 � shall be authorized to act on Contractor's behal with respect to the Work as Contractor's designated representative. H. Assignment of Agreement The Contractor covenants and agrees not to assign or transfer any interest in, nor delegate any duties of this Agreement, without the prior express written consent of the City. I. Responsibilily of Contractor and Indemnification of City_ The Contractor covenants and agrees to take and assume all responsibility for the services rendered in connection with this Agreement. The Contractor shall bear all losses and damages directly or indirectly resulting to it on account of the performance or character of the services rendered pursuant to this Agreement. Contractor shall defend, indemnify and hold harmless the City, its officers, boards, commissions, elected and appointed officials, employees and agents from and against any and all claims, suits, actions, liability, judgments, damages, losses, and expenses, including but not limited to, attorney's fees, which may be the result of willful, negligent or tortuous conduct arising out of the Work, performance of contracted services, or operations by the Contractor, any subcontractor, anyone directly or indirectly employed by the Contractor or subcontractor or anyone for whose acts the Contractor or subcontractor may be liable, regardless of whether or not the negligent act is caused in part by a party indemnified hereunder. Such obligation shall not be construed to negate, abridge, or otherwise reduce any other right or obligation of indemnity which would otherwise exist as to any party or person described in this provision. In any and all claims against the City or any of its agents or employees, by any employee of the Contractor, any subcontractor, anyone directly or indirectly employed by the Contractor or subcontractor or anyone for whose acts the Contractor or subcontractor may be liable, the indemnification obligation set forth in this provision shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the Contractor or any subcontractor under workers' or workmen's compensation acts, disability benefit acts or other employee benefit acts. This obligation to indemnify and defend the City, its members, officers, agents, employees and volunteers shall survive no 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 7 claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Work by the Contractor, its agents, representatives, employees or subcontractors. All policies shall be subject to approval by the City Attorney to form and content. These requirements are subject to amendment or waiver if so approved in writing by the City Manager. (2) Minimum Limits of Insurance: Contractor shall maintain limits no less than: (a) Comprehensive General Liability of $1,000,000 combined single limit per occurrence for bodily and personal injury, sickness, disease or death, injury to or destruction of property, including loss of use resulting there from. (b) Comprehensive Automobile Liability (owned, non -owned, hired) of $1,000,000 combined single limit per occurrence for bodily and personal injury, sickness, disease or death, injury to or destruction of property, including loss of use resulting there from. (c) Professional Liability of $1,040,040 limit for claims arising out of professional services caused by the Contractor's errors, omissions, or negligent acts. (d) Workers' Compensation limits as required by the State of Georgia and employers Liability limits of $1,000,000 per accident. (3) Deductibles and Self -Insured Retentions: Any deductibles or self-insured retentions must be declared to and approved by the City. (4) Other Insurance Provisions: The policy is to contain, or be endorsed to contain, the following provisions: (a) General Liability and Automobile Liability Coverage. (i) The City, its officials, employees, agents and volunteers are to be covered as insured as respects: liability arising out of activities performed by or on behalf of the Contractor; products and completed operations of the Contractor; premises owned, leased, or used by the Contractor; automobiles owned, leased, hired, or borrowed by the Contractor. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officials, employees, agents or volunteers. (ii) The Contractor's insurance coverage shall be primary noncontributing insurance as respects to any other insurance or self-insurance available to the City, its officials, employees, agents or volunteers. Any insurance or self-insurance maintained by the City, its officials, employees or volunteers shall be excess of the Contractor's insurance and shall not contribute with it. (iii) Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its officials, employees, agents or volunteers. (iv) Coverage shall state that the Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (v) Coverage shall be provided on a "pay on behalf' basis, with defense costs payable in addition to policy limits_ There shall be no cross liability exclusion. (vi) The insurer agrees to waive all rights of subrogation against the City, its officials, employees, agents and volunteers for losses arising from work performed by the Contractor for the City. (vii) All endorsements to policies shall be executed by an authorized representative of the insurer. (b) Workers' Compensation Coverage: The insurer will agree to waive all rights of subrogation against the City, its officials, employees, agents and volunteers for losses arising from work performed by the Contractor for the City. (c) All Coverages: (i) Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled, reduced in coverage or in limits except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. (ii) Policies shall have concurrent starting and ending dates. (iii) Policies shall include an endorsement incorporating the Indemnification obligations assumed by the Contractor under the terms of this Agreement, including but not Z 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. (S) 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 City that unauthorized aliens shall not be employed to perform work on City contracts involving the physical performance of services. Therefore, the City shall not enter into a contract for the physical performance of services within the State of Georgia unless the Contractor 10 shall provide evidence on City -provided forms, attached hereto as Exhibits "F" and "G" (affidavits regarding compliance with the E -Verify program to be sworn under oath under criminal penalty of false swearing pursuant to O.C.G.A. § 16-10-71), that it and Contractor's subcontractors have within the previous twelve (12) month period conducted a verification, under the federal Employment Eligibility Verification ("EEV" or "E - Verify") program, of the social security numbers, or other identifying information now or hereafter accepted by the E -Verify program, of all employees who will perform work on the City contract to ensure that no unauthorized aliens will be employed. The Contractor hereby verifies that it has, prior to executing this Agreement, executed a notarized affidavit, the form of which is provided in Exhibit "F", and submitted such affidavit to City. In the event the Contractor employs or contracts with any subcontractor(s) in connection with the covered contract, the Contractor agrees to secure from such subcontractor(s) attestation of the subcontractor's compliance with O.C.G.A. § 13-10-91 and Rule 300-10-1- .02 by the subcontractor's execution of the subcontractor affidavit, the form of which is attached hereto as Exhibit "G", and such subcontractor affidavit shall become part of the contractor/subcontractor agreement. Further, Contractor agrees to provide completed copies of Exhibit "G" to the City within five (5) business days of receipt from any subcontractor. The City Manager or his/her designee shall be authorized to conduct an inspection of the Contractor's and Contractor's subcontractors' verification process at any time to determine that the verification was correct and complete. The Contractor and Contractor's subcontractors shall retain all documents and records of their respective verification process for a period of three (3) years following completion of the Agreement. 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 their 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 report same to the Department of Homeland Security. The Contractor's failure to cooperate with the investigation may be sanctioned by termination of the Agreement, and the Contractor shall be liable for all damages and delays occasioned by the City thereby. Contractor hereby agrees to comply with the requirements of the federal Immigration Reform and Control Act of 1986 (IBCA), P.L. 99-603, O.C.G.A. § 13-10-91 and Rule 300-10-1-.02. Contractor's compliance I with the requirements of O.C.G.A. § 13-10-91 and Rule 300-10-1-A2 shall be attested by the execution of the contractor's affidavit, attached hereto as Exhibit "F" and incorporated herein by this reference. Contractor agrees that the employee number category designated below is applicable to the Contractor. 500 or more employees 100 or more employees Fewer than 100 employees. Contractor hereby agrees that, in the event 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. 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 "H", 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 12 accordance with requirements prescribed by the City with respect to all matters covered by this Agreement. Except as otherwise authorized, such records shall be maintained for a period of three years from the date that final payment is made under this Agreement. Furthermore, records that are the subject of audit findings shall be retained for three years or until such audit findings have been resolved, whichever is later. (b) All costs shall be supported by properly executed payrolls, time records, invoices, contracts, or vouchers, or other official documentation evidencing in proper detail the nature and propriety of the charges. All checks, payrolls, invoices, contracts, vouchers, orders or other accounting documents pertaining in whole or in part to this Agreement shall be clearly identified and readily accessible. (2) Reports and Information: Upon request, the Contractor shall furnish to the City any and all statements, records, reports, data and information related to matters covered by this Agreement in the form requested by the City. (3) Audits and Inspections: At any time during normal business hours and as often as the City may deem necessary, there shall be made available to the City for examination all records with respect to all matters covered by this Agreement. The Contractor will permit the City to audit, examine, and make excerpts or transcripts from such records, and to audit all contracts, invoices, materials, payrolls, records of personnel, conditions of employment and or data relating to all matters covered by this Agreement. N. Conflicts of Interest Contractor agrees that it shall not engage in any activity or conduct that would result in a violation of the City of Milton Code of Ethics. 0. Confidentiality Contractor acknowledges that it may receive confidential information of the City and that it will protect the confidentiality of any such confidential information and will require any of its subcontractors, consultants, and/or staff to likewise protect such confidential information. The Contractor agrees that confidential information it receives or such reports, information, opinions or conclusions that Contractor creates under this Agreement shall not be made available to, or discussed with, any individual or organization, including the news media, without prior written approval of the City. The Contractor shall exercise reasonable precautions to prevent the unauthorized disclosure and use of City information whether specifically deemed confidential or not. 13 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. Key Personnel All of the individuals identified in I-xliibit "Y' [NEED TO ADD IF USED] are necessary for the successful prosecution of the Work due to their unique expertise and depth and breadth of experience. There shall be no change in Contractor's Project Manager or members of the project team, as listed in Exhibit "d", without written approval of the City. Contractor recognizes that the composition of this team was instrumental in the City's decision to award the Work to Contractor and that compelling reasons for substituting these individuals must be demonstrated for the City's consent to be granted. Any substitutes shall be persons of comparable or superior expertise and experience. Failure to comply with the provisions of this section shall constitute a material breach of Contractor's obligations under this Agreement and shall be grounds for termination. Contractor shall not subcontract with any third party for the performance of any portion of the Work without the prior written consent of the City. Contractor shall be solely responsible for any such subcontractors in terms of performance and compensation. 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 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 14 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 8 Covenants of the City A. Right of Entry The City shall provide for right of entry in order for Contractor to complete the Work. B. Ci 's Re resentative lames Seehr shall be authorized to act on the City's behalf with respect to the Work as the City's designated representative Section 9 Warranty Except as may be otherwise specified or agreed, the Contractor shall repair all defects in materials, equipment, or workmanship appearing within one year from the date of Final Completion of the Project at no additional cost to the City. An inspection shall be conducted by the City or its representative(s) near the completion of the one-year general warranty period to identify any issues that must be resolved by the Contractor_ Section 10 Termination A. The City may terminate this Agreement for convenience at any time upon written notice to Contractor. In the event of a termination for convenience, Contractor shall take immediate steps to terminate work as quickly and effectively as possible and shall terminate all commitments to third -parties unless otherwise instructed by the City. Provided that no damages are due to the City for Contractor's failure to perform in accordance with this Agreement, the City shall 15 pay Contractor for work performed to date in accordance with Section S 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 fiirther 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 16 continue in full force and effect as if this Agreement had been executed with the invalid portion hereof eliminated, it being the intention of the parties that they would have executed the remaining portion of this Agreement without including any such part, parts or portions which may for any reason be hereafter declared invalid. E. Notice. All notices requests, demands and other communications hereunder shall be in writing and shall be deemed received, and shall be effective when personally delivered or on the third day after the postmark date when mailed by certified mail, postage prepaid, return receipt requested or upon actual delivery when sent via national overnight commercial carrier to the parties at the addresses given below, unless a substitute address shall first be furnished to the other parties by written notice in accordance herewith: NOTICE TO CITY shall be sent to: City of Milton Attn: City Manager 13000 Deerfield Parkway, Suite 107F Milton, Georgia 30004 NOTICE TO CONTRACTOR shall be sent to: Strickland Pipeline and Construction, Inc. 125 Equest Drive Canton, Georgia 30115 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) strife or labor dispute, excluding strikes or labor disputes by employees and/or agents of Contractor; (vi) delay or failure to act by any governmental or military authority; or (vii) any war, hostility, embargo, sabotage, civil disturbance, riot, insurrection or invasion. In such event, the time for performance shall be extended by an amount of time equal to the period of delay caused by such acts and all other obligations shall remain intact. 17 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. Nondiscrimination. In accordance with Title Vi of the Civil Rights Act, as amended, 42 U.S.C. § 2000d, section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6102, section 202 of the Americans with Disabilities Act of 1990, 42 U.S.C. § 12132, and all other provisions of Federal law, the Consultant agrees that, during performance of this Agreement, Consultant, for itself, its assignees and successors in interest, will not discriminate against any employee or applicant for employment, any subcontractor, or any supplier because of race, color, creed, national origin, gender, age or disability. In addition, Consultant agrees to comply with all applicable implementing regulations and shall include the provisions of this Section IV(R) in every subcontract for services contemplated under this Agreement. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed under seal as of the date first above written. [SIGNATURES ON FOLLOWING PAGE] 18 SIGNED, SEALED, AND DELIVERED In the presence of: ���/651-`" Witness (Co rate Secreta should attest) Print Name JN P lic 9�■tt'64 r [NOTARY SEA,} My Commission Y.Dzes'BoRz'I� • ` SIGNED SEALED AND DELIVERED In the presence of: Witness Notary Public [NOTARY SEAL] My Commission Expires: Stri ip in d ns on, Inc. Signature Print Dame Title [AFFIX CORPORATE SEAL] MILTON CITY COUNCIL: Joe Lockwood, Mayor 19 [CITY SEAL] EXHIBIT "A" REQUEST FOR SID Miscellaneous Bridge Repairs F --BIDS DUE April 2, 2013 BY 1:00 PM General Description of Prolect Scope: Contractor to bid on the following scope (See also Location Map and Detailed Scope of Work). Contractor required visiting the sites prior to submitting bid to confirm scope. Performance bonds and payment bonds are required for this project. The general scope of work will consist of slope grading and stabilization around three bridges located in the City of Milton; Hamby Road (East), Cogburn Road (North), and Wood Road (West) as shown on the attached location map. The undersigned, as bidder, declares and represents that it has examined the site of the work and informed himself/herself fully in regard to ail 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 IS 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. The City of Milton reserves the right to modify the scope of this project at any time. Appropriate compensation for scope changes will be based on a negotiated fee. Base Bid Amount (Dotlar Amount in Numbers) (Company Name) (Signature) (Printed Name) 1.0 General Conditions a) One lane of traffic shall be open at all times. Lane closures shall be restricted to the hours of 9 am to 4 pm. b) 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 1400 feet from an occupied residence will be allowed Mon.- Fri. between the hours of 7.00 AM and 10:00 PM and Sat. between the hours of 8:30 AM and 6:00 PM. c) Contractor must notify the City of Milton (678) 242-2500, twenty-four (24) hours prior to beginning construction. d) 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. e) The contractor is responsible for any damaged property which occurs as a result of this project. The contractor shall replace any damaged property at his own expense. f) Unless otherwise stated, the City shall provide all necessary permits and easements associated with this project prior to issuance of the Notice to Proceed. g) There shall be no changes made to the Scope of Work without prior approval from the City PWD. 2.0 Materials, Equipment and Employees a) The contractor shall, unless otherwise specified, supply and pay for all labor, transportation, materials, tools, apparatus, lights, power, fuel, sanitary facilities and incidentals necessary for the completion of his work, and shall install, maintain and remove all equipment of the construction, other utensils or things, and be responsible for the safe, proper and lawful construction, maintenance and use of same, and shall construct in the best and most workmanlike manner, a complete job and everything incidental thereto, as shown on the plans, stated in the specifications, or reasonably implied there from, all in accordance with the contract documents. b) 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. c) No changes shall be made in the Work except upon written approval and change order of the city. d) 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_ However, 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 architect or engineer for approval or disapproval; such approval or disapproval shall be made by the architect or engineer prior to the opening of bids. e) If at any time during the construction and completion of the work covered by these contract documents, the conduct of any workman of the various crafts be adjudged a nuisance to the Owner or if any workman be considered detrimental to the work, the Contractor shall order such parties removed immediately from the site. f) The contractor shall designate a foremanlsuperintendent who shall direct the work. 3.0 Erosion and Sediment Control a) The contractor will provide suitable erosion and sediment control measures so as to prevent sediment from leaving the site. Maintenance of erosion and sediment control measures is required at all times. The contractor shall have certified erosion and sediment control personnel on site at all times. All NPDES, GSWCC and City of Milton guidelines should be followed. b) All erosion and sediment control work shall be performed in accordance with the standards provided in the Georgia Manual for Erosion and Sediment Control in Georgia, latest edition. c) Provide double row of Type C silt fence along the down slope side of all disturbed areas. All barriers shall be in place prior to any land disturbing activities. d) Silt fences and hay bale barriers shall be cleaned or replaced and maintained in functional condition until permanent erosion control measures are established. All silt fences and other temporary measures will be removed by the contractor/developer when the site is stable. e) Silt fence fabric shall be comprised of Ga. Department of Transportation qualified products Section 171, type , for silt fence fabric. Type "A" silt fence fabric and construction may be allowed with prior written approval from the land development inspector. f) Temporary vegetation and/or heavy mulch will be used to stabilize areas. In no case shall a site be left bare for more than fourteen (14) days. g) No clearing beyond the limits of disturbance shown on the approved plans shall be allowed without approval. h) Provide matting, temporary and permanent seeding of all slope faces. i) Provide a minimum of %2 inch of mulching, temporary and permanent seeding of all other disturbed areas_ 4.0 Earthwork a) The area within the typical grading section shall be cleared of all trees, brush, stumps, logs, grass roots, vegetable matter, poles, stubs, rubbish, refuse dumps, sawdust piles, and all other matter resting on or protruding through the original ground surface or appearing or being placed on the area within the typical grading section before final acceptance of work. b) All depressions below the ground surface containing water shall be drained, unsuitable material removed and filled with suitable material and compacted to the ground surface before the embankment proper is begun. Any area deemed jurisdictional under federal, state or local regulations shall obtain required approvals or permits prior to any land disturbing activities in those areas. c) Sub -grade preparation shall be in accordance with GDDT specifications and these regulations. d) If any sections of the sub -grade are composed of topsoil, organic, or other unsuitable or unstable material, such material shall be removed and replaced with suitable material and then thoroughly compacted as specified for fill or stabilized with stone or a geo-textile or geo-grid. e) Fill shall be placed in uniform, horizontal layers not more than 8" thick (loose measurement). Moisture content shall be adjusted as necessary to compact material to 95% maximum laboratory dry density as determined by AASHTQ method T-99. f) After the earthwork has been completed, all storm drainage, water, and sanitary sewer utilities have been installed within the right-of-way as appropriate, and the backfill in all such ditches thoroughly compacted, the sub -grade shall be brought to the lines, grades, and typical roadway section shown on the plans. g) Provisions shall be made by the contractor to ensure adequate drainage and prevent possible damage to the work area. 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 City of Milton Construction Standards. The contractor will adhere to all current State and Federal construction safety regulations, including OSHA regulations. The Contractor will conform to MUTCD and the State of Georgia Department of Transportation standards for traffic control. 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). 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 Owner or Designer. He shall be responsible for any damage to the Owner's property or that of others on the job, by himself, his personnel or his subcontractors, and shall make good such damages. He shall be responsible for and pay for any claims against the Owner arising from such damages. b) 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 approval of the City of Milton. Wetland areas and Stream buffers shall be designated by the City of Milton prior to the issuance of a notice to Proceed. 9.0 CODES, PERMITS AND INSPECTIONS a) 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 Designer 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 Owner, he shall bear all cost arising there from. 10.0 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 Owner. Before final inspection and acceptance of the project, the Contractor shall thoroughly clean the sites, and completely prepare the project and site for use by the Owner. 11.0 Schedule a) Project shall start within 1 week of Notice to Proceed and shall be completed in satisfactory manner, as deemed by MDPW, within 3 weeks from the Notice to Proceed. 12.0 Scope of Work (Additional Details): Cogburn Road (North) Bridge: A portion of the southeast corner of the bridge abutment has eroded near the end bent. The scope of work shall consist of placement of concrete (or flowable fill material) in the eroded void space located at the southeast abutment. The slopes around the repaired area shall be filled, compacted, raked and smoothed. Hamby Road Bridge (East): The scope of work for the Hamby Road Bridge (East) consists of slope and shoulder repairs at the west stream bank below the bridge and extending to the area around the west end bent. The backfill material behind the existing stone retaining wall located beneath the bridge on the west stream bank has washed out. The scope of work shall consist of fill replacement and stream bank stabilization. • Excavate material behind the existing retaining wall to expose base of wall. Place #57 stone backfill (wrapped in engineering fabric) along the base, such that water will infiltrate and drain through openings located at the base of the wall. • Backfill and compact soils to the top of the existing wall and extend backfill slopes up stream bank to the bottom of the west bridge end bent. In addition, eroded areas around the end bent should also be filled. The stream bank slopes and all filled areas shall be compacted, raked and smoothed. Wood Road Bridge (West): The scope of work for the Wood Road Bridge (West) consists of removing the original wood pilings which were left in place when the bridge deck was reconstructed. The existing wood pilings are to be cut near the existing grade level, removed and disposed. 12.0 Detail/Drawings (See Attached) - y A o y .a;ror Err flE ❑r dory Fla r rfp -a a C` Gtr 1/dM� b 0lsm0rr9aam R6 i r Pa r 'WOW nt YJar;�c Nix Ry s� 172 9 N S v rr qrn� oldw c Hamhv Rd (East) a Milton na. 4�` tian clx Rn �t Td A»rumrr Wood Rd N. fieVdsPa�' V1 n (West) o S L � 7iC11-1 IWy [S `4�t� g pro.—At Cogbum Rd 6c 'A r nm� Ndrrrn6_ civ olth ) c o tlplE��r i n9� C � Redd lad 1 Ad e P % R 3r � Aa6isCvfti 'a su'nrrn�Rd N4 lkm LOCATION rutAPmi imi _ tijG 34.138043 Lorwitade:-Hi.2933i5 ". n - EXHIBIT "B" BID FROM CONTRACTOR Miscellaneous Bridge Repairs BIDS DUE April 2, 2013 BY 1:00 PM General Descri tion c+f Prolac! Scope: Contractor to bid on the following scope (See also Location Map and Detailed Scope of Work)[ Contfactor required visiting the sites prior to submitting bid to confirm scope Performance bonds and payment bonds are required for this project - The general scope of work Wdl 001151st of slope grading and stabilization around three bridges located to the City of Milton. Hamby Road (East), Cogburn Road (North). and Wood Road (West) as shown on the attached location map - The undersigned. as bidder, declares and represents that it has examined the site of the work and informed hrmselflherself 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 delrvery, handling and storage of materials and equipment The bidder has examined and read the Bidding Document and has satisfied himselMlherse€f 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 wflrk 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 andlor required to execute and complete the work in full in accordance with the scope of work provided to the frill satisfaction of the city THE BASE BID IS 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 (601 days following receipt of the bids. The City of Milton reserves the right to modify the scope of this project at any time. Appropriate compensation for scope changes will be based on a negotiated fee Bass Bid Amount (Dollar Amount in Numbers) (Company {dame) {signature) r Printed Name) EXHIBIT "C" BONDS Bond Number: 66159574 PERFORMANCE BOND CITY OF AULTON, GEORGIA "'OW ALL MEN BY 7HES.E PRESENTS THAT Strickland Pipeline and Canstructiom Inc. (as CONTRACTOR, hereinafter referred to as the "Principal"), and Auto -Owners Insurance Company (as SURE -'Y COMPANY, hereinafter referred to as the "CONTRACTOR'S SURETY"), are held and firmly bound wito 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 fifteen thousand five hundred dollars and no cents ($15,500.00), lawful money of the United States of America, for the payment of which the Principal and the Contractor's Surety, bind thcrosc]vM 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 mitten agreement with the City, dated thc1-2)of 2013 which is incorporated herein by reference in its entirety (hereinafter referred to as the "CON'IRACr), for the wristruction of a project known as Miscellaneous Bridge Repairs, (hereinafter referred to as "the PROJEC'P'). NOW THEREFORE, the conditions of this obligation are as follows: I . That if the Principal shall fully and completely perform each and all of the terms, provisions and requirements of the Contract, including and during the period of any warranties or guarantees required thereunder, and all modifications, amendments, changes. deletions, additions, Kind alterations thereto that may hereafter be made, and ifthe Principal and the Contractor`s Surety shall indemnify and hold harmless the Cit}, 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 de:fatdt 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; otherMse to rernain in full force and effect; 2. In the event of a failure of performance of the Contract by the Principal, ufiich 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 tlm thirty {30} days after written notice from the City to the Contractor's Surety; anti b. The means, mrthod 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 aere cs that the obligations undertakers by this Bond shall not be impaired in any manner by rm%on of any such modifications, omissions, additions, changes, and advance: payments or deferred payrnents. 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 cruder seal, IN WITNESS WHEREOF, the principal and Contractor's Suret4v have hereuntoaffixed their corporate seals and caused this obligation to be signed by their duly authorized officers or attorneys -in -fact, this day of M &I/, 2013. Attest: Title: S� Date• Q� j Attest: Melissa Potts nate: Strickland Pipeline and Constructiori, Inc. kv: Title: _ -(SEAL) Auto -Owners Insurance Company (Name of Contractor's Surety) TitleMarvala Erinkitola, Attorney -In -Fact {SEA.L) (A'17ACH SURETY'S POWER OF ATTORNEY) Bond Number: 66159574 PAYMENT BOND CITY OF MILTON, GEORGIA KNOW ALL AIM BY THESE PRF.SVN7S THAT Strickland Pipeline acid C=onstruction, inc. (as CONTRACTOR, hereinafter referred to as the "Principal')- and Auto -Owners lnsuranec Comnanv �._.... _. _ has SURETY COMPANY, hereinafter- referred ereinafterreferred to as the "CONTRACTOR'S SURETY"). are held and firmly bound unto the City of Milton, Georgia (as OWNER, hcrcinaftcr referrod to as the "City), for the use and benefit of any "Claimant," as hereinafter defined, in the suns of fifteen thousand five hundred dollars and no c=ents (S 15,500.00), lavNU money of the United States of America, for the Payment of which the Principal and the Contractor's Surety biud themselves, their heirs, executors, administrators, successors and assigns, jointly and scve nilly, firmly by these presents. WHEREAS, the Principal has entered, or is about to enter, into a certain written agreement with the City, dated . which is incorporated herein by reference in its entirety (hereinafter referred to as the "CONTRACV), for the construction of a project known as Miscellaneous Bridge Repairs (he=reinafter referred to as "the PROJF,CT") NO' IV THEREFORE, the condition of this obligation is such that if the Principal shall promptly make payment to arsy C=laimant 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 v=oid; otherwise to remain in full force and effect. A "Claimant" shall he defined herein as any Suheontractor, person; Party, partnership, corporation or other entity furnishing labor, services or inaterials used or reasonably require=d for use in the performance of the Contract, without regard to ►whether such labor. services or materials were sold, leased or rented, and mithout regard to whether such Claimant is or is not in Privity Of the Contract with the Principal or any Subcontractor perforating Work on the Project, In the evens of any claim made by the Claimant against the City, of 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 othenNise as provided in the Contract - Ile Parties further expressly agree that any action an this Bond may be brought within the time allowed by Georgia law for sent on contracts under seal, IN VI'ITNFSS WHFREOF, the Principal and Contractor's Surety have hereunto affixed their corporate seals and caused this obligation to be siLmed by their duly authorised officers on this day of , 2013. Strickland Pipeline and Construction, Inc. By: Title:_ Ongl --(SEAL) (Signatures Continued on Next Page) Attest: Tide: Date: ?!� Attest: Melissa Potts Date: Auto-Owners Insurance Company (Name of Contractor's Surety) $y�: Title Marvala Erinkitola, Attorney-In-FRAL) (ATTACH SURh— Y'S POWER OF ATTORNEY) DATE AND ATTACH TO ORIGINAL BOND AUTO -OWNERS INSURANCE COMPANY LANSING, MICHIGAN POWER OF ATTORNEY MO.65 159574 KNOW ALL MEN BY THESE PRESENTS: That the AUTO -OWNERS INSURANCE COMPANY AT LANSING, MICHIGAN, a Michigan Corporation, having its principal office at Lansing, County of Eaton, State of Michigan, adopted the following Resolution by the directors of the Company on January 27.1971 . to wit: "RESOLVED. Thai the President or any Vice President or Secretary or Assistant Secretary of the Company shall have the power and authority to appoint Attorneys -in -fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity, and other writings obligatory in the nature thereof. Signatures of officers and seal of Company imprinted on such powers of attorney by facsimile shall have same force and effect as if manually affixed. Said officers may at any time remove and revoke the authority of any such appointee." Does hereby constitute and appoint MARVALA ERINKITOLA its true and lawful attorney (s) -in -fact, to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof, and the execution of such instrument(s) shall be as binding upon the AUTO -OWNERS INSURANCE COMPANY AT LANSING, MICHIGAN as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at its principal office. IN WITNESS WHEREOF, the AUTO -OWNERS INSURANCE COMPANY AT LANSING, MICHIGAN, has caused this to be signed by its authorized officer this 2nd day of November, 2012 Kenneth R. Schroeder Senior Vice President STATE OF MICHIGANls,. COUNTY OF EATON J �t1DR P7nsr.nrniauc••, On this 2nd day of November, 201 Z before me personally came Kenneth R. Schroeder, to me known, who being duly sworn, did :`oouwn or urow depose and say that they are Kenneth R. Schroeder, Senior Vice President of AUTO -OWNERS INSURANCE COMPANY, the corporation described in and which executed the above instrument, that they know the seal of said corporation, that the seal affixed to said instrument is N; ��...d.a.z such Corporate Seal, and that they received said instrument on behalf of the corporation by authority of their office pursuant to a Resolution roT •.., `ate of the Hoard of Directors of said corporation. My commision expires January 1st 2014 Amanda Lamp Notary Public STATE OF MICHIGAN }ss. COUNTY OF EATON I, the undersigned First Vice President, Secretary and General Counsel of AUTO -OWNERS INSURANCE COMPANY, do hereby certify that the authority to issue a power of attorney as outlined in the above board of directors resolution remains in full force and effect as written and has not been revoked and the resolution as set forth are now in force. Signed and sealed at Lansing, Michigan. Dated this day of ..... f William F. Woodbury, First Vice Pr ident, Secretary and General Counsel 2940 t11-12] Prinl Date- 05/1712013 Print Time 11:31:08 AM EXHIBIT "D" NONCOLLUSION AFFIDAVIT OF PRIME PROPOSER STATE OF GEORGIA CITY OF MILTON Cj /Oeing first duly sworn, deposes and says that: (1) He is It (Owner, Partner, Officer, Representative, or Agent) of Strickland Pipeline and Construction, Inc. (the "Proposer") that has submitted the attached Proposal; (2) He is fully informed respecting their preparation and contents of the attached Proposal and of all pertinent circumstances respecting such Proposal; (3) Such Proposal is genuine and is not a collusive of sham Proposal; (4) Neither the said Proposer nor any of its officers, partners, owners, agents, representatives, employees, or parties in interest, including this affidavit, has in any way colluded, conspired, connived, or agreed, directly or indirectly, with any other Proposer, firm or person to submit a collusive or sham Proposal in connection with the Contract for which the attached Proposal has been submitted to or refrain from proposing in connection with such Contract, or has in any collusion or communication or conference with any other Proposer, firm or person to fix the price or prices in the attached Proposal or of any other Proposer, or to secure through any collusion, conspiracy, connivance or unlawful agreement any advantage against the City or any person interested in the proposed Contract; and, (S) The price or prices quoted in the attached Proposal are fair an proper and are not tainted by any collusion, conspiracy, connivance, or unlawful agreement on the part of the Proposer or any of its agents, representatives, owners, employees, or parties in interest, including this affidavit. CL) oposer hasoectly o directly violated O.C.G.A. § 36-91-21 (d). Signa ure of ed Officer or Agent PrinteaName and Tide of Authorized Officer or Agent SUBSCRIBED AND SWORN TO BEFORE ME THIS-111:--:�f]AY OF , 20_LL GF ORS) ARIL 14, 201-4 +��gQ + E e.O-0�*� V24 1,, +- rq-. -zcr�- - My Commission Expires Date EXHIBIT "E" CONTRACTOR AFFIDAVIT AND AGREEMENT STATE OF GEORGIA CITY OF MILTON By executing this affidavit, the undersigned contractor verifies its compliance with O.C.G.A. § 13-10-91, stating affirmatively that the individual, firm, or corporation which is contracting with the City of Milton has registered with and is participating in a federal work authorization program, in accordance with the applicability provisions and deadlines established in O.C.G.A. § 13-10-91. The undersigned further agrees that, should it employ or contract with any subcontractor(s) in connection with the physical performance of services pursuant to this contract with the City of Milton, contractor will secure from such subcontractor(s) similar verification of compliance with O.C.G.A. § 13-10-91 on the Subcontractor Affidavit provided in Rule 300-10-01-.08 in the form attached hereto as Exhibit "F" Contractor further agrees to maintain records of such compliance and provide a copy of each such verification to the City of Milton at the time the subcontractor(s) is retained to perform such service. EEV 1 B of Fro ram ser Identific on Number BY: Authorized MWCr or Agent Date Error! Reference source not found. Title offAuthorized Officer or Agent of Contractor a4ac- til b s Printed Name of Authdrized Officer or Agent SUBSCRIBED AND SWORN B ORE ME ON THIS THE DAY OF 2013 .%'`a►►illri��''# 0XAU ML'I 1k ''t No Pu is .,� My C mmission Ex fres: - C�'Cs1p'••! tots ►►►' EXHIBIT "F" SUBCONTRACTOR AFFIDAVIT STATE OF GEORGIA CITY OF MILTON 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 Strickland Pipeline and Construction, 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. § 13-10-91. EEV 1 Basic Pilot Program User Identification Number BY: Authorizer) Officer or Agent Date Print 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 . 2013 Notary Public My Commission Expires: EXHIBIT "G" SAVE Affidavit STATE OF GEORGIA CITY OF MILTON 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 applic tion for a public benefit: 1) I am a United States citizen. 2) 1 am a legal permanent resident of the United States. 3) 1 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)(l ), with this affidavit. The secure and verjAable document provided with this affidavit can best be classified as: In making the above representation under oath, I understand that any person who knowingly and willfully makes a false, fictitious, or fraudulent statement or representation in an affidavit shall be guilty of a violation of O.C.G.A. § 16-10-20, and face criminal penalties as allowed by such criminal statute. Executed in (city), (state). Signature of Apyloq� Printed ame of Appl' ant SUBSCRIBED AND SWORN FARE MN T S THE� � � AY OU , 20 GNuMC,��'*!•� A - O A4 PUBLIC 'dam ++RO�� EXHIBIT "H" PLANS AND SPECIFICATIONS Provided in Exhibit "A" EXHIBIT " I" FINAL AFFIDAVIT TO CITY OF MILTON, GEORGIA I, , hereby certify that all suppliers of materials, equipment and service, subcontractors, mechanics, and laborers employed by Strickland Pipeline and Construction, Inc. or any of its subcontractors in connection with the construction of the Miscellaneous Bridge Repairs for the City have been paid and satisfied in full as of 20 , and that there are no outstanding obligations or claims of any kind for the payment of which the City on the above named project might be liable, or subject to, in any lawful proceeding at law or in equity. Signature Title Personally appeared before me this day of , 20 , who under oath deposes and says that he is of the firm of Strickland Pipeline and Construction, Inc., that he has read the above statement and that to the best of his knowledge and relief same is an exact true statement. Notary Public f NOTARY SEAL] My Commission Expires A� �® CERTIFICATE OF LIABILITY INSURANCE 5/15/2Q13YY) 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(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER COME'NTACT Sandra Miller N PHONE No (770)386-0466 fAJ FAX (770)366-3164 STARR-MATHEWS AGENCY P. p- Box 1990 _iAlc. E-MAIL .ami11er@starrmathews.com Cartersville, GA 30120 INSURER(S) AFFORDING COVERAGE NAIC# INSURERA:Westfield Insurance Co 24112 /1/2013 INSURED 1NSURERBIBuilders Insurance Group 10744 INSURER C: Strickland Pipeline & Construction. Inc INSURER D: 125 Equest Drive Canton, GA 30114 INSURER E: INSURER F : COVERAGES CERTIFICATE NUMBER:2013-2014 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER T' W POLICY OLI C YYYY POLIO YYYY FxP LIMITS LTR ACCORDANCE WITH THE POLICY PROVISIONS. G EN E RAL LIA DIU TY AUTHORIZED REPRESENTATIVE Suite 107G Milton, GA 30004 EACH OCCURRENCE 5 1,000,000 A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE 11OCCUR X WP3625B03 /1/2013 5/1/2014 DAMMISES AGTED 300,000 PRE S(E.Ea . occurrence $ M ED EXP (Any one person) $ 10,000 PERSONAL &ADV INJURY $ 1,000,000 GENERALAGGsEGATE $ 2,000,000 GEN'LAGGREGATEUMITAPPLIESPER: PRODUCT S- COM P/OPAGG $ 2,000,000 X1 POLICY F PRT LOC $ AUTOMOBILE LIABILITY EMEIINEDDI SINGLE LIMIT i 000 000 BODILY INJURY (Per person) $ A X ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS X WP3625803 5/1/2013 5/1/2014 BODILY INJURY (Per accident) S X NON -OWNED HIRED AUTOS X AUTOS PROPERTY [DAMAGE Per amdenl S S X UMB RE LLA UAB X OCCUR EACH OCCURRENCE $ 1,000,000 A EXCESS LIAB CLAIMS -MADE CVP3625803 /1/2013 5/1/2014 AGGREGATE S 1, 000, 000 DED I I RETENTION $ S B WORKERS COMPENSATION AND EMPLOYERS' LIARIUTY YIN X WC STATU- OTH- E.L. EACH ACCIDENT $ 500,000 ANY PROPRIETOR?PART NERIEXECUTIVE ❑ OPNCERIMEMBEREXCLUDED? y (Mandatory In NH) N0. ! CV0135124-00 0/8/2012 10/8/2013 E.L. DISEASE • EA EMPLOYEE $ 500,000 If yes, describe under E.L. DISEASE - POLICY LIMIT $ 500,000 DESCRIPTION OF OPERATIONS below A Leased/Rented Equipment CWP3625803 _ 1112013 /1/2014 $ 300,000 DESCRIPTION OF OPERATIONS i LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more Space Is required) City of Milton is added as an additional insured under General Liability and Auto. CERTIFICATE HOLDER CANCELLATION Carter. Lucas@cityofmiltong SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPERATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Milton ACCORDANCE WITH THE POLICY PROVISIONS. 13000 Deerfield Pkwy AUTHORIZED REPRESENTATIVE Suite 107G Milton, GA 30004 Robert McGlon/SAkf ACORD 25 (2010105) N q 112 i f7n f rw -;i m ©1588-2010 ACORD CORPORATION. All rights reserved. Tho At j 10n nmr„o ­ri 1- are r nlc}ererl martrc of ArriQn W E S T F I E L D COMMERCIAL PACKAGE POLICY 32 I N S U RAN C la RENEWAL COMMON POLICY DECLARATIONS S118eng Knowledge. Building TwAP COh�PANY PROVIDING COVERAGE' WESTFIELd INSURANCE CUMPANY....... NAMED INSURED AND MAILING ADDRESS STRICKLAND PIPELINE & CONSTRUCTION INC 125 EQUEST DRIVE CANTON GA 30115 AGENCY 110-0122.0 I PROD. 1 000 STARR-MATHEWS AGENCY, INC. P.O. BOX 1990 CARTERSVILLE GA 30120-1684 TELEPHONE 770-386-0466 Policy Number: CWP 3 625 803 .I1. WIC Account Number: 1000105424 M Policy From 05/01/13 at 72:01 A.M. Standard Time at your Period To as/01/14 mailing address shown above. rti......................... i' Business: RES WATER MAIN CONSTRUCTION Named Insured is: Corporatifln .. .. ... ... ... ....... ............ In return for the payment of the premium, and subject to all terms of this has policy, we agree with you to provide the insurance as stated in this policy. }i4 THIS POLICY CONSISTS OF THE FOLLOWING COVERAGE PARTS COMMERCIAL PROPERTY COVERAGE PART $ COMMERCIAL GENERAL LIABILITY COVERAGE PART $ COMMERCIAL AUTO COVERAGE PART $ COMMERCIAL INLAND MARINE COVERAGE PART $ COMMERCIAL UMBRELLA COVERAGE PART $ TERRORISM INSURANCE COVERAGE $ Policy Annual Premium $ Total Advance Annual Policy Premium $ The above is a summary of your coverages. For more detail, please refer to the individual coverage parts inside your policy. Forms and. EndorsementsIapplicable to all coverage parts: 11,001,9 0488.*, IL0017 1198-, ID7004 0411*, IL4003 0908*, IL0262 0908*. COUNTERSIGNED: ......... .U.;t�-- ...... Date AutEoized Representative LIMITS OF INSURANCE -- General Aggregate Limit (Other Than• Products/Completed Operations) $2,090,000 Products/Completed Operations Aggregate Limit $2,000,000 Personal & Advertising Injury Limit (Per Person Or Organization) $1,000,000 Each Occurrence Limit f $1,900,000 Damage to Premises Rented to You Limit (Any One Premises) $500,000 - Medical Expense Limit (Any One Person) $15,004.... 'DOTAL ADVANCE ANNUAL GENERAL LIABILITY PREMIUM Deductible Liability Insurance Applies .. .. . Forms And !indorsements Applicable To This Coverage Part: CG0300A 0196*, C90001 1207*, IL0021 0908*, CG7000 7.298*, CG2503 0549*, CO2504A 0509*, CG2147 1207*, CG0068 0509*, CG2170 0108*, CG2426 0704*, CG2186 1204*, CG2196 0305*, C07017 1299*, CG2279 0798*, CC -7007 0105*, CG3201 1204*■ CG7143 1112*, CG2010 0704*. f WESTFIELD INSURANCF 32 RENEWAL Sharing Knowledge, building Trust" GENERAL LIABILITY DECLARATIONS ... . . . .. COMPRNY PROVIDING OVERA CGE . . . . . . . . . . WESTF I ELD INSURANCE COMPANY IS i w NAMED INSURED AND WAILING ADDRESS AGENCY 10-01210 PROD, 004 ,4 STRICKLAND PIPELINE & CONSTRUCTION INC STARR-MATHEWS AGENCY, INC. P.D. BOX 1990 M1�y, �PytiY 125 EQIIEST DRIVE CANTON GA 3 0115 CAR'TERSVILLE GA 30120-1684 TELEPiiDI3E 770-385-0456 }Iti��wr; ?i�s4 _�.. Policy Number: CWP 3 625 803 .11_ WIC Account Number: 1090105424 M Policy From 05/01/13 Period To x5/01/14 at 92:01 A -M. Standard Time at your mailing g address shown above. lu+j . • ....... .................................... .......................... LIMITS OF INSURANCE -- General Aggregate Limit (Other Than• Products/Completed Operations) $2,090,000 Products/Completed Operations Aggregate Limit $2,000,000 Personal & Advertising Injury Limit (Per Person Or Organization) $1,000,000 Each Occurrence Limit f $1,900,000 Damage to Premises Rented to You Limit (Any One Premises) $500,000 - Medical Expense Limit (Any One Person) $15,004.... 'DOTAL ADVANCE ANNUAL GENERAL LIABILITY PREMIUM Deductible Liability Insurance Applies .. .. . Forms And !indorsements Applicable To This Coverage Part: CG0300A 0196*, C90001 1207*, IL0021 0908*, CG7000 7.298*, CG2503 0549*, CO2504A 0509*, CG2147 1207*, CG0068 0509*, CG2170 0108*, CG2426 0704*, CG2186 1204*, CG2196 0305*, C07017 1299*, CG2279 0798*, CC -7007 0105*, CG3201 1204*■ CG7143 1112*, CG2010 0704*. f COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. XVESTFrrLD sm - SERiES COMMERCIAL GENERAL LIABILITY ARTISAN CONTRACTORS ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM Coverage afforded under this expanded coverage endorsement does not apply to any person or organ- ization covered as an additional insured on any other endorsement now or hereafter attached to this Coverage Form. SCHEDULE The coverage provided by this endorsement is summarized below and is intended to provide a general coverage description only. For the details effecting each coverage please refer to the terms and condi- tions in this endorsement. A, Expected or Intended Injury Reasonable force B. Non -Owned Watercraft Increased to 60 feet. C. Ramage To Property - Borrowed Equipment D. Damage To Premises Rented To You E. Damage To Your Work F. Voluntary Property Damage G. Care, Custody Or Control H. Supplementary Payments • Bail Bonds- $2,500 • Loss of Earnings- $1,000 I. Additional Insureds - Automatic Status • State or Governmental Agency or Subdivision or Political Subdivision • Controlling Interest • Managers or Lessors of Premises • Mortgagee, Assignee or Receiver • Owners or Other Interests From Whom Land Has Been Leased • Co -Owners of Insured Premises • Lessor of Leased Equipment • Vendors J. Who Is An Insured broadened • Joint Ventures 1 Partnership 1 Limited Liability Company • Health Care Professionals (Incidental Medical Malpractice) • Individual Owners of Building are Insured's • Newly Formed or Acquired Entities. K. Knowledge and Notice of Occurrence L. Other Insurance Condition Amended M. Unintentional Failure To Disclose Hazards N. Waiver of Transfer Of Rights Of Recovery Against Others To Us - Automatic Status O. Liberalization P. Definitions • Bodily Injury redefined A. EXPECTED OR INTENDED INJURY Under SECTION I, COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY, Item 2. exclusion a, is replaced with the following: a. Expected or Intended Injury "Bodily Injury" or "property damage" expected or intended from the standpoint of the insured. This ex- clusion does not apply to "bodily in- jury" or "property damage" resulting from the use of reasonable force for the purpose of protecting persons or property. CG 7143 11 12 Page 1 of 8 B. NON -OWNED WATERCRAFT Under SECTION I, COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY, Item 2. Exclusions g.2(a) is re- placed with the Following: (a) Less than 60 feet long; and C. DAMAGE TO PROPERTY - BORROWED EQUIPMENT Under SECTION I, COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY, Item 2. Exclusions j. is deleted and replaced by the following: Damage To Property (1) Property you own, rent or oc- cupy (2) Premises you sell, give away or abandon, if the "property dam- age" arises out of any part of those premises; (3) Property loaned to you; (4) Personal property in the care, custody or control of the in- sured; (5) That particular part of any real property on which you or any contractors or subcontractors working directly or indirectly on your behalf are performing op- erations, if the "property dam- age" arises out of those operations; or (6) That particular part of any real property that must be restored, replaced, or repaired because "your work" was incorrectly performed on it. Paragraphs (1), (3) and (4) of this exclusion do not apply to: (i) "property damage" to tools or equipment loaned to you if the tools or equipment are not being used to per- form operations at the time of loss; or (ii) "property damage" (other than damage by fire) to premises rented to you or temporarily occupied to you with the permission of the owner or to the con- tents of premises rented to you for a pe- riod of 7 or fewer con- secutive days. A separate limit of insur- ance applies to Dam- age To Premises Rented To You as de- scribed in Section III - Limits Of Insurance, Paragraph (2) of this exclusion does not apply if the premises are "your work" and were not occupied, rented or held for rental by you beyond one year from the date "your work" was completed. Paragraph (2) of this exclusion does not apply if the premises are your work" and were never occupied, rented or held for rental by you. Paragraphs (3), (4), (5) and (6) of this exclu- sion do not apply to liability assumed under a sidetrack agreement. Paragraph (6) of this exclusion does not apply to "property damage" included in the "products -completed operations hazard." D. DAMAGE TO PREMISES RENTED TO YOU Under SECTION I - COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY, item 2. Exclusions, the last para- graph of Item 2. Exclusions is replaced with the following: Exclusion c. through n. do not apply to dam- age by fire or explosion to premises while rented to you or temporarily occupied by you with permission of the owner. A separate limit of insurance applies to this coverage as de- scribed in Section III - LIMITS OF INSUR- ANCE. E. DAMAGE TO YOUR WORK Under SECTION 1, COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY, Item 2. Exclusions I. is deleted and replaced by the following: Damage To Your Work "Property damage" to "your work" arising out of it and included in the "products -completed operations hazard". This exclusion does not apply if the damaged work or the work out of which the damage arises was performed on you behalf by a subcontractor. This exclusion only applies to that particular part of "your work" out of which the damage arises. Under SECTION I, COVERAGES, the following are added: F. VOLUNTARY PROPERTY DAMAGE Insuring Agreement We will pay, at your request, for "prop- erty damage" to property of others caused by you, or while in your proc- ession, arising out of your business op- erations. CG 7143 11 12 Page 2 of 8 2. Exclusions Coverage for Voluntary Property Damage does not apply to: a. "Loss" of property at premises owned, rented, leased, operated or used by you; b. "Loss" or property while in transit; c. "Loss" of property owned by, rented to, leased to, borrowed by or used by you; d. The cost of repairing or replacing; (1) "Your work" defectively or in- correctly done by you; or (2) "Your product" manufactured sold or supplied by you; unless the "property damage" is caused directly by you after delivery of "your product" or completion of "your work" and resulting from a subsequent undertaking. e. "Loss" of property caused by or arising out of the "products - completed operations hazard." The most we will pay under Voluntary Property Damage for "loss" arising out of any one "occurrence" is $250. The most we will pay for the sum of all "losses" under this coverage is $1,000 3. Deductible We will not pay for "loss" in any one ,occurrence" until the amount of "loss" exceeds $250. We will then pay the amount of "loss" in excess of $250, up to the applicable limit of liability. 4. Actual Cost In the event of a covered "loss", you shall, if requested by us, replace the damaged property or furnish the labor and materials necessary for repairs thereto at your actual cost, excluding profit or overhead charges. G. CARE, CUSTODY OR CONTROL Insuring Agreement We will pay those sums the insured be- comes legally obligated to pay as dam- ages because of "property damage" to property of others while in your care, custody or control or property as to which you are exercising physical control if the "property damage" arises out of your business operations. 2. Exclusions Coverage for Care, Custody and Control does not apply to: a. "Property damage" to property at any premises owned, rented, leased, operated or used by you; b. "Property damage" to property while in transit: c. The cost of repairing or replacing; (1) "Your work" defectively or in- correctly done by you; or (2) "Your product" manufactured or sold by you; unless the "property damage" is caused directly by you after delivery of "your product" or completion of "your work" and resulting from a subsequent undertaking. "Property damage" to property caused by or arising out of the "products -completed operations hazard". The most we will pay under Care Cus- tody or Control for "property damage" is $2.500 for each "occurrence". The most we will pay for the sum of all damages because of "property damage" under this coverage is $5,000. 3. Deductible We will not pay for "property damage" in any one "occurrence" until the amount of "property damage" exceeds $250. We will then pay the amount of "property damage" in excess of $250, up to the ap- plicable limit of liability. 4. Actual Cost In the event of covered "property dam- age" you shall, if requested by us, re- place the property or furnish the labor and materials necessary for repairs thereto, at your actual cost, excluding profit or overhead charges. H. SUPPLEMENTARY PAYMENTS Under SECTION I - SUPPLEMENTARY PAY- MENTS COVERAGES A AND B, item 1.b. is replaced with the following: Up to $2,500 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the "Bodily Injury" Liability Coverage applies. We do not have to furnish these bonds. CG 7143 11 12 Page 3of8 Under SECTION I - SUPPLEMENTARY PAY- MENTS COVERAGES A AND B, item 1.d. is replaced with the following: d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or "suit", including actual loss of earnings up to $1,000 a day because of time off from work. ADDITIONAL INSUREDS - AUTOMATIC STA- TUS SECTION 11 - WHO IS AN INSURED is amended to include as an insured any person or organization (called additional insured) described in paragraphs a. through g, below whom you are required to add as an addi- tional insured on this policy under a written contract or written agreement. However the written contract or written agreement must be: 1. Currently in effect or becoming effective during the term of the policy; and 2. Executed prior to the "bodily injury", .'property damage" or "personal injury and advertising injury", but Only the following persons or organizations are additional insureds under this endorse- ment and coverage provided to such addi- tional insureds is limited as provided herein: a. State or Governmental Agency or Subdivision or Political Subdivisions A state or governmental agency or subdivision or political subdivision subject to the following provisions: (1) This insurance applies only with respect to the following hazards for which the state or govern- mental agency or subdivision or political subdivision has issued a permit or authorization in connection with premises you own, rent or control and to which this insurance applies; (a) The existence, repair main- tenance, erection, con- struction, or removal of advertising signs, awnings canopies, cellar entrances, coal holes, driveways, manholes marquees, hoistaway openings, side- walk vaults, street banners, or decorations and similar exposures; or (b) The construction, erection, or removal of elevators. (2) This insurance applies only with respect to operations performed by you or on your behalf for which the state or governmental agency or subdivision or poli- tical subdivision has issued a permit or authorization. This insurance does not apply to "bodily injury," "property dam- age" or "personal and advertis- ing injury" arising out of operations performed for the federal government, state or municipality. b. Controlling Interest Any person or organizations with a controlling interest in you but only with respect to their liability arising out of: (1) Their financial control of you; or (2) Premises they own, maintain or control while you lease or oc- cupy these premises. This insurance does not apply to structural alterations, new con- struction and demolition operations performed by or for such additional insured. c. Managers or Lessors of Premises A manager or lessor of premises but only with respect to liability arising out of the ownership, maintenance or use of that specific part of the premises leased to you and subject to the following additional exclu- sions: This insurance does not apply to: (1) Any "occurrence" which takes place after you cease to be a tenant in that premises; or (2) Structural alterations, new con- struction or demolition oper- ations performed by or on behalf of such additional in- sured. d. Mortgagee, Assignee or Receiver A mortgagee, assignee or receiver but only with respect to their liability as mortgagee, assignee or receiver and arising out of the ownership, maintenance, or use of a premises by you. This insurance does not apply to structural alterations, new con- struction or demolition operations performed by or for such additional insured. CG 7143 11 12 Page 4 of 8 e. Owners Or Other Interests From Whom Land Has Been Leased An owner or other interest from whom land has been leased by you but only with respect to liability aris- ing out of the ownership, mainte- nance or use of that specific part of the land leased to you and subject to the following additional exclu- sions: This insurance does not apply to: (1) Any "occurrence" which takes place after you cease to lease that land; or (2) Structural alterations, new con- struction or demolition oper- ations performed by or on behalf of such additional in- sured, Co-owner of Insured Premises A co-owner of a premises co -owned by you and covered under this in- surance but only with respect to the co-owners liability as co-owner of such premises. g. Lessor of Equipment Any person or organization from whore you lease equipment. Such person or organization are insureds only with respect to their liability arising out of the maintenance, op- eration or use by you of equipment leased to you by such person or or- ganization. A person's or organiza- tion's status as an insured under this endorsement ends when their writ- ten contract or written agreement with you For such leased equipment ends. With respect to the insurance af- forded these additional insureds, the following exclusions apply: This insurance does not apply: (1) To any "occurrence" which takes place after the equipment lease expires; or (2) To "bodily injury", "property damage", or "personal and ad- vertising injury" arising out of the sole negligence of such ad- ditional insured. Any insurance provided to an addi- tional insured designated under par- agraphs a. through g. above does not apply to "bodily injury" or "prop- erty damage" included within the "products -completed operations hazard". h. Vendors Any person(s) or organization(s) with whom you agree in a written contract or agreement to name as an additional insured but only with respect to "bodily injury" or "prop- erty damage" arising out of "your products" which are distributed or sold in the regular course of the vendors business, subject to the fol- lowing additional exclusions: (1) The insurance afforded the ven- dor does not apply to: (a) "Bodily injury" or "property damage" for which the ven- dor is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the vendor would have in the absence of the contract or agreement; (b) Any express warranty un- authorized by you; (c) Any physical or chemical change in the product made intentionally by the vendor; (d) Repackaging, except when unpacked solely for the purpose of inspection dem- onstration, testing, or the substitution of parts under instructions from the man- ufacturer, and the repack- aged in the original container; (e) Any failure to make such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertake to make in the usual course of business in connection with the distribution or sale of the products; (f) Demonstration, installation, servicing or repair oper- ations, except such oper- ations performed at the vendor's premises in con- nection with the sale of the product; CG 7143 11 12 Page 5 of 8 (g) Products which, after dis- tribution or sale by you, have been labeled or rela- beled or used as a con- tained, part or ingredient of any other thing or sub- stance by or for the vendor; or (h) "Bodily injury" or "property damage" arising out of the sole negligence of the ven- dor for its own acts or omissions or those of its employees or anyone else acting on its behalf. How- ever, this exclusion does not apply to: (i) The exceptions con- tained in subpara- graphs 4 and 6; or (ii) Such inspections, ad- justments, tests or ser- vicing as the vendor has agreed to make or normally undertake to make in the usual course of business, in connection with the distribution or sale of the products. (2) This insurance does not apply to any insured person or organ- ization from whom you have ac- quired such products, or any ingredient, part or contained, entering into accompanying or containing such products. As respects the coverage provided under this provision, Paragraph 4.b.(1) of SECTION IV - COMMERCIAL GENERAL LIABILITY CONDI- TIONS is deleted and replaced with the fol- lowing: 4. Other Insurance b. Excess Insurance (1) This insurance is excess over: Any other insurance naming the additional insured as an insured whether primary, excess, con- tingent or on any other basis unless a written contract or written agreement specifically requires that this insurance be either primary or primary and noncontributing. Where re- quired by written contractor written agreement, we will con- sider any other insurance main- tained by the additional insured for injury or damage covered by this endorsement to be excess and noncontributing with this insurance. J. WHO IS AN INSURED BROADENED Under SECTION II - WHO IS AN INSURED the following is added to item 1: Joint Ventures 1 Partnership 1 Lim- ited Liability Company Coverage You are an insured when you had an Interest in a joint venture, partner- ship or limited liability company which is terminated or ended prior to or during this policy period but only to the extent of your interest in such joint venture, partnership or limited liability company. This cov- erage does not apply: (1) Prior to the termination date of any joint venture, limited liability company or partnership; or (2) If there is other valid and collectible insurance purchased specifically to insure the joint venture, legal liability company or partnership. Under SECTION II - WHO 1S AN INSURED, 2.a.(1)(d) is deleted and replaced with the fol- lowing: (d) Arising out of his or her providing or tailing to pro- vide professional health care services. This does not apply to nurses, emergency medical technicians or paramedics employed by you to provide health care services, but only if you are not in the business or occupation of providing such professional services. Under SECTION II - WHO IS AN INSURED the following is added: For COVERAGE A and COVERAGE B only, the owner of any building leased to you, but only if the building owner is a shareholder in your corporation or a partner in your partnership insured by this policy, and only with respect to li- ability arising out of the ownership, maintenance or use of that part of the premises leased to you. However, this insurance does not apply: a. To any "occurrence" or offense which takes place after you cease to be a tenant in the premises, or CG 7143 11 12 Page 6 of 8 To structural alterations, new con- struction or demolition operations performed by or on behalf of the building owner. Under SECTION II - WHO IS AN INSURED, 3.a. is deleted and replaced with the following: a. Coverage under this provision is af- forded only until the end of the policy period or the next anniversary of this policy's effective date after you ac- quire or form the organization whichever is earlier. Under SECTION 11 - WHO IS AN INSURED the last paragraph in this section is deleted and replaced with the following: Except as provided in 3. above, no per- son or organization is an insured with respect to the conduct of any current or past joint venture, limited liability com- pany or partnership that is not shown as a named insured in the Declarations. K. KNOWLEDGE AND NOTICE OF OCCURRENCE Under SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS, 2. Duties in the Event of Occurrence, Offense, Claim Or Suit, the following is added: e. The requirement in Condition 2.a. applies only when the "occurrence" or offense is know to: (1) You, if you are an individual; (2) A partner, if you are a partner- ship; (3) An "executive officer" or insur- ance manager, if you are a cor- poration; or (4) A manager, if you are a limited liability company. The requirement in Condition 2.b. will not be breached unless the breach accurs after such claim or "suit" is know to: (1) You, if you are an individual,- (2) ndividual;(2) A partner, if you are a partner- ship; (3) An "executive officer" or insur- ance manager, if you are a cor- poration; or (4) A manager, if you are a limited liability company. g. Your rights under this Coverage Part will not be prejudiced if you fail to give us notice of an "occurrence," offense, claim, or "suit" and that failure is solely due to your reason- able belief that the "bodily injury" or "property damage" is not covered under this Coverage Part. However, you shall give written notice of this .occurrence," offense, claim, or "suit" to us as soon as you are aware this insurance may apply to such "occurrence," offense, claim, or "suit." L. OTHER INSURANCE CONDITION AMENDED When required by written contract with any additional insured owner, lessee, or contrac- tor to provide insurance on a primary and noncontributory basis, Condition 4. of Section IV - Commercial General Liability Conditions is deleted and replaced by the following: 4. Otherinsurance If other valid and collectible insurance is available For a loss we cover under Cov- erage A or B of this Coverage Part, our obligations are limited as Follows: a. Primary Insurance This insurance is primary and non- contributory except when b, below applies. b. Excess Insurance This insurance is excess over any of the other insurance, whether pri- mary, excess, contingent, or on any other basis: (1) That is Fire, Extended Coverage, Builders Risk, Installation Risk, or similar coverage for "your work"; (2) That is Fire insurance for prem- ises rented to you or temporar- ily occupied by you with permission of the owner; or (3) If the loss arises out of the maintenance or use of aircraft, "autos," or watercraft to the ex- tent not subject to Exclusion g. of Section 1 - Coverage A. (4) If the loss is caused by the sole negligence of any additional in- sured, owner, lessee, or con- tractor. When this insurance is excess, we will have no duty under Coverage A or B to defend the insured against any "suit" if any other insurer has a duty to defend the insured against that "suit." If no other defends, we will undertake to do so, but we will be entitled to the other insured's rights against all those other insur- ers. CG 1143 11 12 Page 7 of 8 When this insurance is excess over other insurance, we will pay only aur share of the amount of loss, if any, that exceeds the sum of: (1 ) The total amount that all such other insurance would pay for the loss in the absence of this insurance; and (2) The total of all deductibles and self-insured amounts under all that other insurance. We will share the remaining loss, if any, with any other insurance that is not described in this Excess Insur- ance provision and was not bought specifically to apply in excess of the limits of Insurance shown in the declarations of this Coverage Part. M. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS Under SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS, item 6. Represen- tations, the following is added: d. Your failure to disclose all hazards or prior "occurrences" existing as of the inception date of this policy shall not prejudice the coverage afforded by this policy, provided such failure to disclose all hazards or prior "oc- currences" is not intentional. N. WAIVER OF TRANSFER OF RIGHTS OF RE- COVERY AGAINST OTHERS TO US AUTO- MATIC STATUS Under SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS, item 8. Transfer Of Rights Of Recovery Against Others To Us is deleted and replaced by the following: We waive any right of recovery we may have against any person or organization with re- spect to which the insured has waived its right of recovery. It is further agreed that work commenced un- der letter of intent or work order, sub�J' ct to subsequent reduction to writing, witF� cus- tomers whose customary written contracts would require a waiver of recovery rights against them also falls within this blanket waiver of recovery rights. O. LIBERALIZATION If we adopt a change in our forms or rules which would broaden coverage for contrac- tors under this coverage form without an ad- ditional premium charge, your policy will automatically provide the additional cover- ages as of the date the broadened coverage is effective in your state. P. DEFINITIONS Under SECTION V - DEFINITIONS, item 3. is deleted and replaced with the following: 3. "Bodily Injury" means bodily injury, disa- bility, sickness, or disease sustained by a person, including death resulting from any of these at any time. "Bodily injury" includes mental anguish or other mental injury resulting from "bodily injury". CG 7143 11 12 Page 8 of 8 POLICY NUMBER: CWP 3625803 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): Location(s) Of Covered Operations All persons or organizations when you have All Locations agreed in writing in a contract or agreement that such persons or organizations be added as an additional insured. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II - Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", '.property damage" or "personal and adver- tising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing oper- ations for the additional insured(s) at the location(s) designated above. B. With respect to the insurance afforded to these additional insureds, the following addi- tional exclusions apply: This insurance does not apply to "bodily in- jury" or "property damage" occurring after: 1. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the addi- tional insured(s) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or or- ganization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. ® ISO Properties, Inc., 2004 CG 20 10 07 04 POLICY NUMBER: CWP 3625803 COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM SCHEDULE Name of Person or Organization: CITY OF MILTON 13000 DEERFIELD PARKWAY SUITE 107G MILTON GA 30004 (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement). SECTION II - LIABILITY COVERAGE A. Who Is An Insured is amended to include as an insured the person(s) or organization(s) shown in the Schedule, but only with respect to their liability arising out of conduct of an "insured" and only to the extent of that liability for the auto shown in the schedule. 0 Insurance Services office, Inc., 2009 CA 70 67 03 10 COPY OF PERSONAL SECURE AND VERIFIABLE DOCUMENTS HELD IN CITY CLERK'S OFFIC E HOME OF `THE BEST QUALITY OF LIFE IN GEORGIA' M I tTON* ESTABLISHED 2005 CITY COUNCIL AGENDA ITEM TO: City Council FROM: City Manager DATE: June 10, 2013 AGENDA ITEM: Approval of a Settlement from Consent Final Order and Judgment of the Condemnation of 0.411 Acres of Right of Way and 0.390 Acres of Permanent Construction and Maintenance Easement and 0.015 Acres of Temporary Construction Easement at 14000 New Providence Road from Randy O. Miller; Nancy C. Rolnick nikla Nancy Feldman; Gary Donner; Sheila Donner; Howard B. Workman; Ronald D. Balser; H. Stephen Merlin and Lawton M. Nease, III, as Trustees of J. Gordon Beckham, Jr., Trust Created Under Trust Agreement dated December 16, 1987; Self Realization Fellowship, an Ecclesiastic Association of the State of California; Jeff Van Tosh; and Arthur E. Ferdinand as Fulton County Tax Commissioner in the Amount of $50,000. MEETING DATE: Monday, June 17, 2013 Regular City Council Meeting. BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: 1` j APPROVED (} NOT APPROVED C1 TY A TTORNEY APPROVAL REQUIRED: (} YES (_010 CITYATTORNEY REVIEW REQUIRED: () YES (AO APPROVAL BY CITY ATTORNEY PPRO VED (j NOT APPRO VED PLACED ON AGENDA FOR: La 1 ! � � 13 a -1607'a ® Ynu(M- PHONE: 678.242.25001 FAX: 678.242.2499 info(§cityofm1Ifonga.us I www.cityotmIHonga.us 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 :an .,G•7116e n -or Community �--ctr����iraunvvze.. * * rop�iao city �f # syBLc M To: Honorable Mayor and City Council Members From: Carter Lucas, PE – Director of Public Works Date: Submitted on June 6, 2013 for the June 17, 2013 Regular Council Meeting Agenda Item: Settlement from Consent Final Order and Judgment of the Condemnation of 0.411 Acres of Right of Way and 0.390 Acres of Permanent Construction and Maintenance Easement and 0.015 Acres of Temporary Construction Easement at 14000 New Providence Road from Randy O. Miller; Nancy C. Rolnick n/k/a Nancy Feldman; Gary Donner; Sheila Donner; Howard B. Workman; Ronald D. Balser; H. Stephen Merlin and Lawton M. Nease, III, as Trustees of J. Gordon Beckham, Jr., Trust Created Under Trust Agreement dated December 16, 1987; Self Realization Fellowship, an Ecclesiastic Association of the State of California; Jeff Van Tosh; and Arthur E. Ferdinand as Fulton County Tax Commissioner in the Amount of $50,000. ____________________________________________________________________________ Department Recommendation: N/A Executive Summary: On January 29, 2013, the City filed a Petition and Declaration of Taking for Parcel #6 of the GDOT Project PI 0005448 Birmingham Hwy. and Providence Road. Judgment was entered in the amount of $50,000 as just and adequate compensation in this case. Funding and Fiscal Impact: Funding for this acquisition is available in the SR372/Birmingham Hwy. at Providence Rd. Intersection Improvement Capital Grant Fund Account and 80% is reimbursable. Alternatives: N/A Legal Review: N/A Attachment(s): Consent Final Order and Judgment IN THE SUPERIOR COURT OF FULTON COUNTY STATE OF GEORGIA City Of Milton, Georgia ) ) ) Condemnor, ) CIVIL ACTION FILE ) NO. 2013-CV-226581 vs. ) ) 0.411 acres of Fee Simple, 0.390 acres of Permanent ) Easement; and 0.015 Acres of Temporary Easement ) for the construction of driveways and Randy O. Miller; ) Nancy C. Rolnick n/k/a Nancy Feldman; ) Gary Donner ; Sheila Donner; Howard B. Workman; ) Ronald D. Balser; H. Stephen Merlin and ) Lawton M. Nease, III, as Trustees of J. Gordon ) Beckham, Jr., Trust Created Under Trust Agreement ) dated December 16, 1987; Self Realization ) Fellowship, an Ecclesiastic Association of the State ) of California; Jeff Van Tosh; and Arthur E. Ferdinand ) as Fulton County Tax Commissioner. ) ) Condemnees. ) CONSENT FINAL ORDER AND JUDGMENT WHEREAS, on January 29, 2013, Plaintiff/Condemnor City of Milton, Georgia (“Condemnor”) filed a Petition and Declaration of Taking in the above referenced matter to 0.411 acres of fee simple, 0.390 acres of permanent easement and 0.015 acres of temporary easement for the construction of drives, particularly described in Appendix B to Exhibit A of the Petition (the “Property”); WHEREAS, the sum of Thirty-Three Thousand Fifty and no/100 Dollars ($33,050.00) was paid into the Registry of this Court by Condemnor on said date, the date CONSENT FINAL ORDER AND JUDGMENT CIVIL ACTION FILE NO.: 2013-CV-226581 Page 2 of 4 of taking, as estimated total just and adequate compensation for the taking of the interests of the Condemnees in the Property; WHEREAS, all condemnees other than the Tax Commissioner for Fulton County are represented by Attorney Jon Gottlieb, and have been served or have acknowledged service of summons and process in this matter and are herein referred to collectively as “Primary Condemnees”; WHEREAS, the Tax Commissioner has filed an Answer and may retain future claims for ad valorem taxes as they may become due on the remaining parcel but does not make any claim to the funds deposited or to be deposited into the registry of the Court for just and adequate compensation to the Primary Condemnees; WHEREAS, the Tax Commissioner does not object to the release of any funds deposited or to be deposited into the registry of the Court to the Primary Condemnees; WHEREAS, the Condemnor and Primary Condemnees have agreed that Fifty- Thousand Dollars ($50,000.00) represents just and adequate compensation for the interests taken; NOW, THEREFORE, IT IS HEREBY ORDERED AND ADJUDGED that judgment be entered in the amount of $50,000.00 as just and adequate compensation in this case. The Condemnor shall tender into the registry of the Court $16,950.00 representing the difference between the amount of just and adequate compensation agreed upon and the amount deposited into the Court’s registry. CONSENT FINAL ORDER AND JUDGMENT CIVIL ACTION FILE NO.: 2013-CV-226581 Page 3 of 4 IT IS FURTHER ORDERED that upon the additional deposit of $16,095.00 by the Condemnor, the Clerk shall tender the sum of $50,000.00 payable to the trust account of Attorney Jon Gottlieb, for distribution to the Primary Condemnees. IT IS FURTHER ORDERED that upon payment of said sum to Attorney Gottlieb the Clerk of this Court is hereby DIRECTED to mark the judgment satisfied and to move this case to the closed docket, said sum representing total just and adequate compensation due for the Condemned Property and rights acquired from the Condemnees as well as any and all damage sustained by the Condemnees because of the subject condemnation; IT IS FURTHER ORDERED that upon payment of the aforementioned just and adequate compensation all appeals and claims previously filed in this action by Condemnees shall be dismissed with prejudice and with all costs of this action taxed against the Condemnor; and IT IS FURTHER ORDERED that upon payment of the aforementioned just and adequate compensation all issues in this case, including but not limited to those of just and adequate compensation, the amount and description of the property taken, consequential damages, attorney fees, litigation expenses and any further damages sought or which could have been sought in this action by Condemnees are concluded and Condemnees shall have no further claim against Condemnor with respect to this action. CONSENT FINAL ORDER AND JUDGMENT CIVIL ACTION FILE NO.: 2013-CV-226581 Page 4 of 4 SO ORDERED this ______ day of ________, 2013. _______________________________________ HONORABLE ALFRED J. DEMPSEY, JR. Judge, Superior Court of Fulton County PREPARED AND CONSENTED CONSENTED TO BY: TO BY: JARRARD & DAVIS, LLP FULTON COUNTY OFFICE OF THE COUNTY ATTORNEY ________________________________ _____________________________ CHRISTOPHER J. HAMILTON . WILLIAM S. SAMS Georgia Bar No. 320853 Georgia Bar No. 101051 PATRICK D. DIXON, JR. Georgia Bar No. 223387 105 Pilgrim Village Drive, Suite 200 141 Pryor Street, SW Cumming, Georgia 30040 Atlanta, Georgia 30303 (678) 455-7150 – telephone (404) 612-0246 – telephone (678) 455-7149 – facsimile (404) 730-6324 - facsimile Attorney for Condemnor Attorney for Arthur E. Ferdinand, Fulton County Tax Commissioner CONSENTED TO BY: FLYNN & GOTTLIEB, P.A. ________________________ JON A. GOTTLIEB Georgia Bar No. 303060 800 Johnson Ferry Road, N.E. Atlanta, GA 30342-1417 404-497-8000 Attorney for Condemnees HOME OF 'THF RFST OtJALITY ,7F L.IFE IN GFOP(,IA' M-1 LTONI% ESTABLISHED 2000 TO: City Council CITY COUNCIL AGENDA ITEM DATE: June 10, 2013 FROM: City Manager AGENDA ITEM: Approval of an Intergovernmental Agreement for the Provision of Animal Control Services Between the City of Milton and Fulton County. MEETING DATE: Monday, June 17, 2013 Regular City Council Meeting. BACKGROUND WFORMATON: (Attach additional pages ifriecessary) See attached memorandum APPROVAL BY CITY MANAGER: ff-�PPROVED { J NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: (-�"YE5 () NO CITY ATTORNEY REVIEW REQUIRED: (-) YES () NO APPROVAL BY CITY ATTORNEY (,�'APPROVED {) NOT APPROVED PLACED ON AGENDA FOR: (P 7j'Q '6 REMARKS C -Green .� PFfQf►tf?: 47$.2 2.2500 E FAX. 678.242.2499 Commune y ciryof infa@cityofrnlltonga.us www.cityofmiitongq.us .� '—,- ,b-'TPL y CERTIFIED sa°nrE - 13000 Deerfield Parkway, Suite 107 1 Milton GA 300d4 - Page 1 of 2 To: Honorable Mayor and City Council Members From: Stacey Inglis, Assistant City Manager Date: Submitted on June 10, 2013 for the June 17, 2013 Regular Council Meeting Agenda Item: Approval of an Intergovernmental Agreement for the Provision of Animal Control Services Between the City of Milton and Fulton County ____________________________________________________________________________ Department Recommendation: Approval of the Intergovernmental Agreement (IGA) with Fulton County for Animal Control Services. Executive Summary: Fulton County currently provides animal control services for the City of Milton through an IGA. This IGA is scheduled to renew effective July 1, 2013. Services include investigation of cruelty complains and animal bites, response to citizens’ requests, and to provide facilities to house homeless animals. The cost of the 2013 IGA, $34,269.41, has increased by 34 percent from 2012. The new calculations are based on Milton’s volume of calls, vehicle replacement costs, Fulton County’s capital improvement plan and maintenance costs for the shelter as part of the County’s indirect cost/overhead. The costs are spread over a five-year period. Funding and Fiscal Impact: Funding is provided under the Police budget, “Maintenance Contracts”. A budget amendment of $4,235.61 will need to be brought before council at a later date due to the rate increase. Alternatives: None Legal Review: Paul Higbee – Jarrard & Davis (June 10, 2013) IGA Fulton County Animal Services Staff Memo Page 2 of 2 Concurrent Review: Stacey Inglis, Assistant City Manager Attachment(s): IGA and Cost Chart INTERGOVERNMENTAL AGREEMENT FOR THE PROVISION OF ANIMAL CONTROL SERVICES BETWEEN FULTON COUNTY, GEORGIA AND MILTON, GEORGIA THIS INTERGOVERNMENTAL AGREEMENT ("Agreement"), by and between Fulton County, Georgia ("County") and the City of Milton, Georgia ("City") within Fulton County is entered into this day of , 2013. WHEREAS, Fulton County, Georgia is a constitutionally created political subdivision of the State of Georgia; and WHEREAS, the Georgia Constitution, ARTICLE IX, Section 2, Paragraph 3, except as otherwise provided by law, prohibits cities and counties from exercising governmental authority within each other's boundaries except by Intergovernmental Agreement; and WHEREAS, the County and City desire to enter into an Intergovernmental Agreement for the County to respond to citizens' requests for animal control services twenty-four (24) hours per day within the corporate limits of the City; and WHEREAS, there is a need to control rabies, investigate cruelty complaints, and investigate animal bites within the corporate limits of the City upon request of the City; and WHEREAS, the County has the capacity to provide such services through a contract with an approved animal control services vendor; and WHEREAS, the City wishes to purchase animal control services within its corporate limits and delegate response to animal control complaints by its citizens twenty-four (24) hours per day, such response to be made in accordance with the terms of the animal services contract; and WHEREAS, the County wishes to provide such services to the City through a contract with an approved animal control services vendor under the direction and control of the County; NOW THEREFORE, in consideration of the following mutual obligations, the County and City agree as follows: ARTICLE 1 PURPOSE AND INTENT 1.1 The County agrees to provide animal control services through a contract with an animal control services vendor within the corporate limits of the City. 1.2 The County agrees to provide a response to requests for animal control services within the City in accordance with the time periods specified in the County's contract with its approved animal control services vendor. 1.3 The County agrees to provide rabies control services within the corporate limits of the City upon request of the City and in accordance with the approved contract with the animal control services vendor. ARTICLE 2 II - WiTZTi4 9 01 D13 I OW1 I 2.1 The term of this Agreement is for one (1) year commencing on July 1, 2013 and concluding on June 30, 2014. At the conclusion of this term, the City will be solely responsible for providing all animal control services within its boundaries, with the exception of state mandated rabies control response which the County will continue to provide unless the term of the Agreement is extended in accordance with the terms of this Agreement. This Agreement may be extended for additional terms by mutual agreement approved by both governing bodies. ARTICLE 3 COMPENSATION AND CONSIDERATION 3.1 During the first term of this agreement and each subsequent term thereafter, the cost to the City will be based on the classification and location of calls received by the animal control services vendor during the previous year with the payment amount determined by the following formula: Payment Amount = Y (A) (C/TC) Y = Percentage of response NOT related to state mandated county rabies control responses. A = Annualized Contract Award Amount plus Indirect Cost (Applicable County Full Cost Plan) C = Number of responses to requests for animal control service within the City or unincorporated Fulton County TC = Total number of responses for each municipality and Fulton County 2 The payment amount for each municipality and Fulton County and an example calculation is included (Attachment 1). 3.2 The City shall be responsible for paying fifty percent (50%) of the total compensation amount due under this Agreement at commencement of this Agreement. The commencement of the Agreement shall occur on the first day of the term of the Agreement. Upon commencement of the Agreement and prior to performing animal control services herein, the County will invoice the City in an arnount that equals fifty percent (50%) of the total compensation due under the Agreement. The invoice will include compensation under the Agreement for six months of animal control services. Payment will be due within sixty (60) days of the invoice date and should be sent to the Fulton County Finance Department, Treasury Division, Suite 7001, 141 Pryor Street, SW, Atlanta, GA 30303. Failure to remit payment to Fulton County within sixty (60) days of the invoice date may result in suspension of services to the City until such time as the payment is received or termination of the Agreement. ARTICLE 4 ANIMAL CONTROL SERVICES 4.1 The County agrees to contract with an animal control services vendor to provide animal control services within the County, including within the boundaries of the City. 4.2 The City recognizes the County will provide animal control services through a contract awarded to an independent animal control services vendor selected by the County Board of Commissioners. 4.3 The County and the City recognize that the City shall have the right to request of the County that it assign tasks to the animal control services vendor pursuant to this agreement. Supervision and the means by which tasks are accomplished shall be the responsibility of the County through the animal control services contract administrator. ARTICLE 5 RECORD KEEPING AND REPORTING 5.1 The County agrees to provide the City with all reports stipulated in the animal control service vendor's contract and access to records the vendor is required to maintain in accordance with the vendor's contract. ARTICLE 6 TERMINATION 6.1 The parties agree that the City may, upon sixty (60) days written notice to the County, terminate this agreement upon its determination it wishes to provide its own animal control services. The parties agree that the County may, upon sixty (60) days written notice to the City, terminate this agreement which would require the City to provide its own animal control services, except for state mandated rabies control. 3 ARTICLE 7 EVENT OF DEFAULT AND REMEDY 7.1 An event of default shall occur if the County fails to provide animal control services as stipulated in the current animal control service vendor's contract, through an animal control services vendor as selected by the County Board of Commissioners or the City shall be in default if the City fails to pay the initial fifty percent (50%) of the total contract amount or any subsequent payment due pursuant to Article 3 of this Agreement. 7.2 If the City fails to cure an Event of Default within thirty (30) days, then the city agrees that it will be responsible for providing its own animal control services at its own cost and expense and that any outstanding payments or amounts due to the County will constitute liquidated damages, and not a penalty, under this Agreement. 7.3 if the County defaults, the County agrees that the City may provide animal control services, as stipulated in the current animal control services vendor's contract, in any manner the City decides, with the County to bear all reasonable and necessary costs associated with the City providing those services during the Term of Agreement. Payment by the County to the City will be made within sixty (60) days of receipt of a City invoice. 7.4 If one or more Events of Default listed in this Article shall occur, the party suffering from the default shall provide written notice of default within thirty (30) days to the defaulting party. After receiving notice of default, the party in default shall have thirty (30) days to cure any default. If the default is not cured within thirty (30) days, the party that is not in default may terminate the Agreement. ARTICLE S ENTIRE AGREEMENT 8.1 It is understood that the terms of this agreement include all of the agreements made by the County and the City without regard to any oral conversations which may have taken place prior to execution or subsequent thereto and that any changes shall be made in writing and agreed to by both parties. 2 ARTICLE 9 SEVERABILITY 9.1 If a court of competent jurisdiction renders any provision of this Agreement (or portion of a provision) to be invalid or otherwise unenforceable, that provision or portion of the provision will be severed and the remainder of this Agreement will continue in full force and effect as if the invalid provision or the invalid portion of the provision were not part of the Agreement. ARTICLE IQ NOTICES 10.1 Notices sent by mail will be deemed to be received upon deposit in the mail, properly addressed. Notices sent by certified or registered mail will be deemed to be received upon the date of the acknowledgement. Notices sent by facsimile will be deemed to be received upon successful transmission to the proper facsimile number. Notices delivered by hand -delivery will be deemed to be received upon acceptance by the respective party or its agent. 10.2 Either party may, at any time, change its respective address or facsimile number by sending written notice to the other party of the change. 10.3 For all notices to City the address will be as noted on the signature page for each respective city: For all notices to County the address will be: Fulton County Office of the County Manager 141 Pryor Street Atlanta, GA 30303 5 IN WITNESS WHEREOF, the City and County have executed this Agreement through their duly authorized officers on the day and year first above written. FULTON COUNTY, GEORGIA John Eaves Chair Fulton County Board of Commissioners Approved as to Form: Office of the Fulton County Attorney ATTEST: Mark Massey Clerk SEAL Fulton County Board of Commissioners Approved as to Content: Animal ervices Contract Administrator [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] 0 CITY OF MILTON, GEORGIA Joe Lockwood Mayor Municipal Clerk SEAL Approved as to Form: City Attorney City Manager City of Milton Milton City Hall 13000 Deerfield Parkway Suite 107 Milton, GA 30004 Facsimile: (678).242.2499 Attention: The Honorable Joe Lockwood, Mayor [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] 7 E n < v MA O C;:Q Ln -0 m T m n n n 2 > Ln C S W Ln N Q �1 A N W Q o F-• d W o H Ln N W N 0 W p A N Oi N O 00 o Q O V 0 Q N M 0 N A Ln V V Ln 0 O W Ln 00 M a N O dl n totH o LA 0 d a °, Q. Fb ❑ W W N w 0 W d 4 O Ln 0 O O N w O N O O 0 A o az V N N oo N V oo n M w w� T i..) `M n o N .rt -F sv — f.n ❑ N w rD 0 W F, W A [� ❑❑ W tD @ A a O ❑ Ln N Z ft ,+ a M 1 ` V 3 rD CD rn M 0 rD rn M M O W tc A I j W' V W W W�o c ai Q CL i Lo 00 .+ r] rn C Q m Ln cn to X"Ln Lo 00 W � Lo N ni n f° m X, CL 0 — =3o v 0 T 3 C n {D -r m0 y 7, — Z;r+ n r+ -0 ❑ o.I r -r 7 th � r=r ❑ W '+ n 5� a� 0 Ln ❑ ifF rD N � Ln Ln CD rD H N :� C �1 O N NCL' 0 C o V N F-+ A A N A 00 CO V F-+ m N I--� Cn LI7 .nrt. G w y rp ❑ CD I O 0v I-- V N N 00 P.] V a) O Ln a) = N fC6 N V a) 0 A O 0) N 61 p N V lD V O [J'1 C rD N MA fD S W Ln N Q �1 A N W Q o F-• d W o H Ln N W N 0 W p A N Oi N O 00 o Q O V 0 Q N M 0 N A Ln V V Ln 0 O W Ln 00 M a N O dl n totH o LA 0 d a °, Q. Fb ❑ W W N w 0 W d 4 O Ln 0 O O N w O N O O 0 MA S W Ln N Cfl w N W W W Ln O Q 00 N 0o Ln Ln a) -1 V A oo A o az V N N oo N V oo n M w w� i..) `M m o o :J A w f.n �D M - J 4:- 0 0 W F, W A A I--+ W tD Ln A a Cc V Ln N Z ft ,+ a M Lo a V Ln rn M 0 rn M M O W tc A I j 00 V W W W�o �o �h N Lo 00 .+ r] rn C Q 0 Ln cn to La Lo 00 W � Lo N w MA OFFICE OF THE FULTGN COUNTY MANAGER Fulton County Government Center 141 Pryor Street SW, Suite 10061 Atlanta, Georgia 30303 W -P ' 'la y 2[ux w r P -A R, David Ware Interim County Manager June 4, 2013 Honorable Mayor Joe Lockwood City of Milton 13000 Deerfield Parkway, Suite 107-A Milton, Georgia 30004 Dear Mayor Lockwood: telephone 404-612-0235 facsimile 404-893-1700 email david.warega fultoncountyga.gov The new intergovernmental Agreement (IGA) and cost calculations for animal services beginning on July 1, 2013 are attached. In an effort to improve the service delivery to our County in general, and your city in particular, we need to implement some changes. These changes will more accurately reflect the actual costs that the County incurs to provide animal services and allow us to continue to provide the level of service that our constituents expect. As before the cost calculations are based on each City's volume of calls and the contract award amount plus indirect costs. The new IGA's will include vehicle replacement costs, the County's capital improvement plan and maintenance costs for the shelter as part of the County's indirect cost/overhead. The costs are spread out over a five year period that includes: Vehicle replacement total over 5 years 5 -year capital improvement plan Annual maintenance cost The Fulton County Animal Services Facility, built in 1978, is rapidly deteriorating, outsized, out of compliance with current standards for animal facilities and does not permit the County to meet the changing needs of our populations. A recent facility condition assessment indicated significant deficiencies with the existing facility. In addition, the costs for maintaining the animal control vehicles has exceeded the costs of purchasing new vehicles, all factors that required the aforementioned changes. I have instructed Oliver R. Delk, Animal oliver-delk@fultoncountyga,gov to contact your office to questions you may have regarding this matter. Services Administrator, (404) 513-1216, schedule a meeting to discuss with you any New Intergovernmental Agreement (IGA) June 4, 2013 Page 2 of 2 Pages Attachments cc: Oliver R. Delk, Animal Services Administrator Nicole Ware, Staff Attorney Felicia Strong -Whitaker, Interim Purchasing Director Sharon Whitmore, Deputy Finance Director Chris Lagerbloom, City Manager R\Interim County Man ageAAnimai Contro116.4.13 Animal Services New IGA for City of Milton.docx LD HOME OF'THE BEST QUALITY OF LIFE IN GEORGIA' MltToNr TO: City Council ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM DATE: June 10, 2013 FROM: City Manager AGENDA ITEM: Consideration of HD13-01 — Consideration of an Ordinance for Historic Designation of the Property Located at 15690 Hopewell Road (The Hopewell House). MEETING DATE: Monday, June 17, 2013 Regular City Council Meeting. BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (4APPROVED (} NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: () YES () NO CITY ATTORNEY REVIEW REQUIRED: () YES () NO APPROVAL BY CITY ATTORNEY (} APPROVED () NOTAPPROVED PLACED ON AGENDA FOR: (e f I "1 t i 3 REMARKS ® Youfm_ r PHONE: 678.242.25001 FAX: 678.242.2499 r w� -Green -^� * CcrciRcd : r°"{d° Community c'tyof Infogcityofmilfongmus 1 www.cityofmilfonga.us „:,..,,,.:::..,,....,..:,; �h1�5 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 `S}o`s 1 6/11/13 HISTORIC PRESERVATION STAFF REPORT NOMINATED PROPERTY INFORMATION PROPERTY NAME HOPEWELL HOUSE ADDRESS 15690 HOPEWELL ROAD DISTRICT, LAND LOT 2/2, 403 OVERLAY DISTRICT NORTHWEST FULTON EXISTING ZONING AG-1 / C-1 ACREAGE 2.50 NOMINATOR(S) City of Milton Historic Preservation Commission ADDRESS 13000 Deerfield Parkway Milton, GA 30004 PHONE 770.242.2539 PROPERTY OWNER(S) City of Milton ADDRESS 13000 Deerfield Parkway Milton, GA 30004 PHONE 678.242.2500 2 6/11/13 AERIAL VIEW/SITE LOCATION MAP COMMUNITY DEVELOPMENT STAFF ANALYSIS STAFF CONTACT: ANGELA RAMBEAU 678.242.2539 3 6/11/13 LOCATION— Located within Land Lot 403, at the NW corner of Birmingham Road and Hopewell Road. LEGAL DESCRIPTION---- 4 6/11/13 SITE— Currently a vacant, two story single family home, this is the site of one of the oldest, fully intact structures in the Atlanta area. The original structure, a double pen house, with two external parson’s rooms and a front porch, was constructed in the early to mid 1800’s. Used as a home by its various owners, it was also a stop on the Marietta to Dahlonega mail route created in 1848. The Parson’s rooms most likely served as lodging for travelers and traders passing through the area. Located at the NW corner of Hopewell and Birmingham Roads, the majority of the 2.5 acre site is zoned AG-1, with a small square of C-1 zoning directly at the intersection. CONDITION— The existing structure is in excellent condition, including the original floors, walls and ceilings of the original structure. AGE— The exact construction date of the original structure is not known. There is no mention of a structure on the original deed to Thomas Holcombe, when the site and the surrounding 40 acres of former Cherokee Indian land were portioned off as part of the 1832 /33 Gold Lottery. The house was probably constructed in the early 1840’s. In the interior, the large beams and chimney stack are examples of building styles common to that time. In 1848, the State Legislature created a twice a week mail ‘hack’ from Marietta to Dahlonega, and the house was a documented stop on the route. The original house had an external, separate kitchen off the back, which was eventually enclosed by a dogtrot breezeway, probably in the 1960’s. The house was enlarged and renovated again in the 1980’s with the enclosure of the front porch, and the addition of a rear porch, and the addition of a second story. INTEGRITY OF HISTORIC FEATURES— The structure is in its original location, fronting what was the Old Birmingham Trail. The original rooms or ‘pens’ contain the original heart of pine floors, walls and ceiling. The original fireplaces and chimneys are in tack, as well. The ceiling treatment, painted in the 1950’s, has been preserved. CONTRIBUTING ELEMENTS—  The original double pen house, exterior parson’s rooms and front porch—all thought to be original to the house.  The dogtrot breezeway and enclosed kitchen structure. NONCONTRIBUTING ELEMENTS—  The second story.  The rear porch and master bedroom.  The metal roof. STATEMENT OF SIGNIFICANCE— 5 6/11/13 The City of Milton Historic Preservation Ordinance offers several reasons why a site may be deemed worthy of preservation by reason of value to the City of Milton. …It possesses an outstanding example of structures representative of its era. The original structure is one of the oldest, still in-tack structures in Georgia. Built in the early 1800’s by some of the first settlers to the area, the original structure is believed to have been constructed in the single pen or double pen style, both prominent types of folk architecture. Folk architecture is distinguished from vernacular and traditional architecture by the likelihood that the structures were designed and built without the assistance of formally schooled and professional trained architects. In traditional double pen structures, both pens were built at the same time, often with a passage in the shared interior wall. Although two front doors were not needed, builders retained the tradition followed when a single room (single pen) structure was enlarged with a mirrored room, creating a double pen. These houses were one room deep, usually one story high, incorporated porches, and had steeply sloped roofs to shed rainwater. The subject structure follows these classic lines, and also includes two parsons’ rooms, one attached to each ‘pen’ that open from the front porch. The parson’s rooms were most likely used to house travelers, without disturbing the family in the house. The original rooms or ‘pens’ contain the original heart of pine floors, walls and ceiling. The original fireplaces and chimneys are in tack, as well. The ceiling treatment, painted in the 1950’s, has been preserved. …It is the site of natural, archeological, or aesthetic interest that contributes to the cultural or historical development and heritage of the municipality, county, state or region. The area was originally part of the Cherokee Indian nation. In 1829, gold was discovered in the area, and the following year, Congress passed the Indian Removal Act, which authorized U.S. president Andrew Jackson to negotiate removal treaties with Native American tribes. In May 1833, 40 acres which encompassed the current site were deeded to Thomas Holcombe by the Georgia legislature, as part of the Gold Lottery. The Old Birmingham Trail, which later became Hopewell Road, ran through the property, and over the adjoining creek. The original structure, circa early 1800’s is believed to have been used as a stop on the twice a week mail delivery route created in 1848. The original structure is a rare example of an in tack structure constructed by hand in the early 1800’s, when this area was considered wilderness. To think that a family has lived in, and entertained visitors in, this house for over 170 years is pretty remarkable. It is an excellent example of early 1800’s construction methods, and the original construction materials have weathered the years beautifully. 6 6/11/13 Exterior site plan, as is 1 2,3 4,5 6 8 7 6/11/13 View 1--Existing house, 2012 8 6/11/13 View 2, side porch and master bedroom addition View 3, Side view 9 6/11/13 View 4, recent additions, from southeast (All the recent additions have vertical board and batten siding as opposed to horizontal wood lap siding) View 5, recent additions, view from the northeast 10 6/11/13 View 6 Garage/shed 11 6/11/13 View 7, side of house, from southwest View 8 , Back of house, facing north 12 6/11/13 13 6/11/13 The interior of one of the parson's rooms 14 6/11/13 One of the original 'pens' with original fireplace and floors The other 'pen' and original fireplace 15 6/11/13 Ceiling decoration Page 1 of 6 STATE OF GEORGIA ORDINANCE NO. COUNTY OF FULTON HD13-01 AN ORDINANCE TO DESIGNATE HOPEWELL HOUSE PROPERTY AS A HISTORIC PROPERTY; TO PRESCRIBE THE BOUNDARIES OF SUCH HISTORIC PROPERTY; TO REQUIRE A CERTIFICATE OF APPROPRIATENESS FROM THE CITY OF MILTON HISTORIC PRESERVATION COMMISSION PRIOR TO ANY MATERIAL CHANGE IN THE EXTERIOR APPEARANCE OF THE HISTORIC PROPERTY AS SHOWN ON THE OFFICIAL ZONING MAP OF THE CITY; REPEALING CONFLICTING ORDINANCES; TO PROVIDE FOR SEVERABILITY; TO PROVIDE FOR AN EFFECTIVE DATE; AND FOR OTHER PURPOSES THE COUNCIL OF THE CITY OF MILTON HEREBY ORDAINS while in regular session on the _____ day of ______________, 2013 as follows: WHEREAS, the Council of the City of Milton, Georgia (“City Council”) has established the Milton Historic Preservation Commission (“Commission”) in and for the City by its Historic Preservation Ordinance Number 12-04-133 (“HPC Ordinance”) on April 23, 2012; and WHEREAS, pursuant to its purposes under the HPC Ordinance establishing the Commission, the Commission has recommended to the Council the establishment of a historic property in the City; and WHEREAS, the Commission’s recommendation to the City Council of the historic property comes after an application for designation; and WHEREAS, the Commission and the City Community Development Department Staff have prepared a report setting forth the physical description of the proposed historic property; a statement of significance; a statement of justification for the proposed property; a map showing the property boundaries and classification of individual structures therein; and Page 2 of 6 WHEREAS, the City Council upon consideration of the report of the Community Development Staff and recommendation of the Commission finds that the proposed historic property is a geographically definable area containing buildings, structures, sites, objects, landscape features or works of art or a combination thereof which are an outstanding example of a structure representative of an era, or one of the few remaining examples of a past architectural style, or a site or structure associated with an event or person of historic or cultural significance, or a site of natural or aesthetic value that is continuing to contribute to the historical or cultural development and heritage; and WHEREAS, the hereinafter described land should be designated as a local historic property within the City of Milton, Georgia. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Milton, Georgia, as follows: SECTION 1 PURPOSE In support and furtherance of its findings and determination that the historical, cultural, and aesthetic heritage of the City of Milton, Georgia is among its most valued and important assets and that the preservation of this heritage is essential to the promotion of the health, prosperity, and general welfare of the people; and in order to maintain historic structures and to protect and enhance local historical and aesthetic attractions to residents and tourists and thereby promote and stimulate business; and in order to enhance the opportunities for federal or state tax benefits under relevant provisions of federal or state law; and in order to provide for designation, protection, preservation, and rehabilitation of historic properties and to participate in federal or state programs to do the same; and in accordance with the HPC Ordinance to establish a Historic Preservation Commission in the city, to provide for issuance of a Certificate of Appropriateness, to provide for an appeals procedure, to repeal conflicting ordinances, and for other purposes; Page 3 of 6 The City Council hereby declares it to be the purpose and intent of this ordinance to designate a historic property in a geographically definable area containing buildings, structures, sites, objects, landscape features or works of art or a combination thereof which are an outstanding example of a structure representative of an era, or one of the few remaining examples of a past architectural style, or a site or structure associated with an event or person of historic or cultural significance, or a site of natural or aesthetic value that is continuing to contribute to the historical or cultural development and heritage of the City of Milton, Georgia. SECTION 2 DESIGNATION OF PROPERTY AND BOUNDARY DESCRIPTION From and after the passage of this Ordinance the following described land as shown on the attached map is and shall be designated locally as historic for the City of Milton, Georgia and be included within the H-Historic district pursuant to the Zoning Ordinance. Page 4 of 6 Physical Boundary Description Page 5 of 6 SECTION 3 HISTORIC PROPERTY AND OWNERSHIP THEREOF The owner of the property located at 15690 Hopewell Road, which is to be locally designated as historic, is shown on the current tax records to be The City of Milton, Georgia. SECTION 4 HISTORIC PROPERTY BOUNDARIES ON THE OFFICIAL ZONING MAP Upon designation, the Historic Property shall be shown on the official zoning maps of the City of Milton, Georgia and kept as a public record to provide notice of such designation. SECTION 5 CERTIFICATE OF APPROPRIATENESS Upon the effective date of this Ordinance no material change in the exterior appearance of any structure, site, object or work of art upon the designated Historic Property shall be made or be permitted to be made by the owner or occupant thereof, unless or until the application for a Certificate of Appropriateness has been submitted to and approved by the City of Milton Historic Preservation Commission. SECTION 6 REPEAL OF CONFLICTING PROVISIONS All Ordinances and parts of Ordinances in conflict herewith are hereby repealed. SECTION 7 SEVERABILITY If any portion of this Ordinance shall be held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect or impair the remaining portions unless is clearly appears that such other parts are wholly and necessarily dependent upon the part held to be invalid or unconstitutional. Page 6 of 6 SECTION 8 EFFECTIVE DATE The effective date of this Ordinance shall be upon approval by the Council of the City of Milton, Georgia. SO ORDAINED this _____ day of ___________________, 2013. Approved: _______________________ Joe Lockwood, Mayor Attest: _______________________________ Sudie AM Gordon, City Clerk (SEAL) HOME OF `I;-ir r3E f QUA Liri Or LIFE IN GEORGIA' M I LTON' ESTABLISHED 2006 TO: City Council CITY COUNCIL AGENDA ITEM DATE: June 10, 2013 FROM: City Manager AGENDA ITEM: Consideration of RZ13-11 — To Adopt a New Use Permit within Article IX, Division 5, Miscellaneous Uses, Section 64-1840 — Rowhouses (Townhouses). MEETING DATE: Monday, June 17, 2013 Regular City Council Meeting. BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (I'APPROVED () NOTAPPROVED CI TY ATTORNEY APPROVAL REQUIRED: (SES () NO CITY A TTORNEY REVIEW REQUIRED: (,IY�ES () NO APPROVAL BY CITY ATTORNEY (PPROVED () NOT APPROVED PLACED ON AGENDA FOR REMARKS {PP -71/3 4e ° You cm PHONE: 678.242.2600 1 FARC: 678.242.2499 , ''Green -,v **c..,ifZ ; rop4qu Community h u info@cityofmlltanga.us 1 www.cityofmiltonga.us'. , 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 To: City of Milton Planning Commission From: Kathleen Field, Community Development Director Date: Submitted May 23, 2013 for the June 17, 2013 Regular Meeting (June 3, 2013 First Presentation and June 10, 2013 for Council Work Session) Re: RZ13-11 – To adopt a new Use Permit within Article IX, Division 5, Miscellaneous Uses, Section 64-1840 – Rowhouses (Townhouses) RZ13-12 – To amend Chapter 64, Zoning Ordinance, Article 1. In General, Sec 64-1 Definitions as it pertains to Rowhouses (Townhouses) Department Recommendation: The Community Development Department recommends approval of the above listed text amendments as discussed below. Executive Summary: The current Deerfield/Hwy 9 Form Based Code allows for the development of Rowhouses (Townhouses) with a Use Permit within certain Transect Zones and developed within a mixed use development. The required Use Permit does not apply to the Crabapple Form Based Code based on the fact that it has been determined there should be higher density residential promoted in the Crabapple area. In addition, there are areas in the Deerfield/Hwy 9 that are encouraged to develop mixed use developments where Rowhouses (Townhouses) are only a portion of the overall development. A new Use Permit for Rowhouse (Townhouse) is needed. The attached proposed Use Permit meets this requirement. Staff notes that the normal public hearing process is required and is NOT an Administrative Use Permit. In addition, Staff has included “Rowhouse” to be synonymous with “Townhouse” and amended the definition to be consistent with the existing definition within the Form Based Code definitions. Funding and Fiscal Impact: None anticipated. Alternatives: There are no alternatives to approving this text amendment. Legal Review: Paul Frickey - Jarrard & Davis (June, 2013) Concurrent Review: None Attachment(s): Text Amendment and Ordinance for RZ13-11 and RZ13-12 STATE OF GEORGIA ORDINANCE NO. COUNTY OF FULTON RZ13-11 AN ORDINANCE TO ADOPT A NEW USE PERMIT WITHIN ARTICLE IX, DIVISION 5, MISCELLANEOUS USES, SECTION 64-1840 – ROWHOUSES (TOWNHOUSES), CHAPTER 64 OF THE CITY OF MILTON ZONING ORDINANCE (CHAPTER 64 OF THE CITY CODE OF ORDINANCES) BE IT ORDAINED by the City Council of the City of Milton, GA while in a regularly called council meeting on June 17, 2013 at 6:00 p.m. as follows: SECTION 1. That the Ordinance relates to adopting a new Use Permit within Article IX, Division 5, Miscellaneous Uses, Section 64-1840 – Rowhouses (Townhouses), and; SECTION 2. That by adopting this new Use Permit, will provide additional development standards to be followed within the Deerfield/Hwy 9 Form Based Code Overlay District, and; SECTION 3. Is hereby adopted and approved; and is attached hereto as if fully set forth herein, and; SECTION 4. All ordinances, parts of ordinances, or regulations in conflict with the terms of this ordinance are hereby repealed. SECTION 5. That this Ordinance shall become effective upon its adoption. ORDAINED this the 17th day of June, 2013. ________________________________ Joe Lockwood, Mayor ___________________________ Sudie AM Gordon, City Clerk (Seal) RZ13-11 – Text Amendment prepared for the Mayor and City Council Meeting on June 17, 2013 (Edits by the City Attorney are highlighted in yellow) Sec. 64-1840 Rowhouses/Townhouses (a) Required districts. Rowhouses/Townhouses in the Deerfield/Hwy 9 Form-Based Code Overlay District shall only be permitted subject to the issuance of a Use Permit. (b) Rowhouse/Townhouse as defined in Article 6, Definition of Terms in the Deerfield/Hwy 9 Form-Based Code Overlay District. (cb) Standards. (1) Rowhouses/Townhouses shall not be located adjacent to properties designated T-2 as designated on the Regulating Plan. (2) The maximum number of attached Rowhouse/Townhouse units in a building shall be eight. (3) Rowhouses /Townhouses in the Deerfield/Hwy 9 Form Based Code Overlay District shall conform to Article XX Section 4.6.6.b. Rowhouses/Townhouses shall only be permitted subject to use permit, and only on sites where more than 50% of the total floor area is dedicated to Office, Retail, or Lodging Functions within the T4-Open, T5, and T6 Transect Zones. (4) Rowhouses /Townhouses in the Deerfield/Hwy 9 Form Based Code Overlay District shall conform to Article XX. 4.16.7.v. Rowhouse/Townhouse rooflines shall exhibit differentiated architectural features such as gables, pyramidal, and hip. Rooflines shall be varied. Mansard roofs are not permitted. (5) Rowhouses /Townhouses in the Deerfield/Hwy 9 Form Based Code Overlay District shall conform to Article XX. 4.16.8. Facades shall have windows and doors that equal at least 20% of the Facade area, with each floor calculated independently. This percentage may be reduced by Warrant where a façade is not visible from a public Thoroughfare, Civic Space, or Open Parking. (6) No more than three adjacent Rowhouse/Townhouse units shall have identical Facades. Differentiation between adjacent Facades may be accomplished by a change in materials, building height, color, roof form or setbacks, provided that the appearance of a separate building is achieved. (7) Rowhouses/Townhouses located in any T-Zone shall comply with the Facade standards set forth in Section 4.16.5 for Commercial, Mixed-Use, and Apartment buildings or Section 4.16.9(b) for Single-Family houses. RZ13-11 – Text Amendment prepared for the Mayor and City Council Meeting on June 17, 2013 Sec. 64-1840 Rowhouses/Townhouses (a) Rowhouses/Townhouses in the Deerfield/Hwy 9 Form-Based Code Overlay District shall only be permitted subject to the issuance of a Use Permit. (b) Standards. (1) Rowhouses/Townhouses shall not be located adjacent to properties designated T-2 as designated on the Regulating Plan. (2) The maximum number of attached Rowhouse/Townhouse units in a building shall be eight. (3) Rowhouses /Townhouses in the Deerfield/Hwy 9 Form Based Code Overlay District shall conform to Article XX Section 4.6.6.b, (4) Rowhouses /Townhouses in the Deerfield/Hwy 9 Form Based Code Overlay District shall conform to Article XX. 4.16.7.v. (5) Rowhouses /Townhouses in the Deerfield/Hwy 9 Form Based Code Overlay District shall conform to Article XX. 4.16.8. HOME OF `THE BEST QUALITY OF LIFE IN GEORGIA' MILTON* TO: City Council ESTABLISHED 2606 CITY COUNCIL AGENDA ITEM DATE: June 10, 2013 FROM: City Manager AGENDA ITEM: Consideration of RZ13-12 — To Amend Chapter 64, Zoning Ordinance, Article I, in General, Section 64-1 Definitions as it Pertains to Rowhouses (Townhouses). MEETING DATE: Monday, June 17, 2013 Regular City Council Meeting. BACKGROUND INFORMATION: (Attach additionalpages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: { APPROVED {} NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: (I'YES () NO CITY ATTORNEY REVIEW REQUIRED: {I'YES () NO APPROVAL BY CITY ATTORNEY (?AI PROVED () NOTAPPROVED PLACED ON AGENDA FOR: U j 1 -1rI3 40 ,--t REMARKS PHONE: 678.242.2500 1 FAX: 678.242.2499 r '-Green � * C�rtifi�Yl * ap ieo .. .... comm ufr�ty Cthiu Info@cifyofmilfonga.us I wwwx3yofmilfongams ,,.,-,,ox.,, 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 -CER""`° UFt 0 N z v To: City of Milton Planning Commission From: Kathleen Field, Community Development Director Date: Submitted May 23, 2013 for the June 17, 2013 Regular Meeting (June 3, 2013 First Presentation and June 10, 2013 for Council Work Session) Re: RZ13-11 – To adopt a new Use Permit within Article IX, Division 5, Miscellaneous Uses, Section 64-1840 – Rowhouses (Townhouses) RZ13-12 – To amend Chapter 64, Zoning Ordinance, Article 1. In General, Sec 64-1 Definitions as it pertains to Rowhouses (Townhouses) Department Recommendation: The Community Development Department recommends approval of the above listed text amendments as discussed below. Executive Summary: The current Deerfield/Hwy 9 Form Based Code allows for the development of Rowhouses (Townhouses) with a Use Permit within certain Transect Zones and developed within a mixed use development. The required Use Permit does not apply to the Crabapple Form Based Code based on the fact that it has been determined there should be higher density residential promoted in the Crabapple area. In addition, there are areas in the Deerfield/Hwy 9 that are encouraged to develop mixed use developments where Rowhouses (Townhouses) are only a portion of the overall development. A new Use Permit for Rowhouse (Townhouse) is needed. The attached proposed Use Permit meets this requirement. Staff notes that the normal public hearing process is required and is NOT an Administrative Use Permit. In addition, Staff has included “Rowhouse” to be synonymous with “Townhouse” and amended the definition to be consistent with the existing definition within the Form Based Code definitions. Funding and Fiscal Impact: None anticipated. Alternatives: There are no alternatives to approving this text amendment. Legal Review: Paul Frickey - Jarrard & Davis (June, 2013) Concurrent Review: None Attachment(s): Text Amendment and Ordinance for RZ13-11 and RZ13-12 STATE OF GEORGIA ORDINANCE NO. COUNTY OF FULTON RZ13-12 AN ORDINANCE TO AMEND SECTION 64-1 OF THE CITY OF MILTON ZONING ORDINANCE (CHAPTER 64 OF THE CITY CODE OF ORDINANCES) AS IT PERTAINS TO “ROWHOUSES (TOWNHOUSES)” CONTAINED WITHIN THIS SECTION BE IT ORDAINED by the City Council of the City of Milton, GA while in a regularly called council meeting on June 17, 2013 at 6:00 p.m. as follows: SECTION 1. That the amendment of Section 64-1, definitions of the City of Milton Zoning Ordinance is hereby adopted and approved; and is attached hereto as if fully set forth herein, and; SECTION 2. All ordinances, parts of ordinances, or regulations in conflict herewith are repealed. SECTION 3. That this Ordinance shall become effective upon its adoption. ORDAINED this the 17th day of June, 2013. ______________________________ Mayor Joe Lockwood Attest: ___________________________ Sudie AM Gordon, City Clerk (Seal) RZ13-12 – Text Amendment Prepared for the City of Milton Mayor and City Council Meeting on June 17, 2013 Sec. 64-1 Definitions Dwelling unit, townhouse, A single family dwelling that shares a party wall with another of the same type and occupies the full Frontage Line. The term dwelling unit, townhouse and dwelling unit, rowhouse are synonymous. Dwelling unit, rowhouse. See Dwelling unit, townhouse. RZ13-12 – Text Amendment Prepared for the City of Milton Mayor and City Council Meeting on June 17, 2013 (Edits by the City Attorney are highlighted in yellow) Sec. 64-1 Definitions Dwelling unit, townhouse, means a dwelling unit in a row of at least three such units in which each unit has its own front and rear access to the outside, no unit is located over another unit, and each unit is separated from any other unit by one or more vertical common walls. A single family dwelling that shares a party wall with another of the same type and occupies the full Frontage Line. The term dwelling unit, townhouse and dwelling unit, rowhouse are synonymous. Dwelling unit, rowhouse. See Dwelling unit, townhouse. 59 HOME OF 'THE BEST QUALITY OF L:i r JN GEORGIA' M . 11 .. TON% ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: June 10, 2013 FROM: City Manager AGENDA ITEM: Consideration of an Ordinance to Amend Chapter 4, Alcoholic Beverages, Sec. 4-168, Temporary Special Event License (Pouring Permit) to Allow, During the Term of a Special Event, Open Container Consumption Within the Fixed Boundaries of the Physical Area Where the Special Event is Authorized by Licensed Premises Located Entirely Within that Fixed Boundary. MEETING DATE: Monday, June 17, 2013 Regular City Council Meeting. BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: () APPROVED () NOTAPPROVED CITY ATTORNEY APPROVAL REQUIRED: ( j YES () NO CITY ATTORNEY REVIEW REQUIRED: (,) YES { } NO APPROVAL BY CITY ATTORNEY "APPROVED ()NOTAPPROVED PLACED ON AGENDA FOR: REMARKS (400 XY f ® You PHONE: 678.242.2500 j FAX: 678.242.2499 r eE'mw�w -).G een Community c«yam info@cityofmiltonga.us 1 www.cityofmiHonga.us �. „ h�, • ,.x� ,,.�e rel - 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 'g` Page 1 of 2 To: Honorable Mayor and City Council Members From: Jason Wright, Communications Manager Date: Submitted on May 15, 2013 for the June 6, 2013 Regular Council Meeting (June 13, 2013 Council Work Session and June 17, 2013 Regular Council Meeting) Agenda Item: Consideration of an Ordinance to Amend Chapter 4, Alcoholic Beverages, Sec. 4- 168, Temporary Special Event License (Pouring Permit) to Allow, During the Term of a Special Event, Open Container Consumption within the Fixed Boundaries of the Physical Area where the Special Event is Authorized by Licensed Premises Located Entirely within that Fixed Boundary ______________________________________________________________________________ Department Recommendation: The Communications (including Special Events) Department recommends approval of the above listed text amendment as discussed below. Executive Summary: The Crabapple Fest, to be held Saturday, Oct. 5, 2013 will be a partnership between the non- profit Crabapple Community Association and City of Milton. This expanded festival will include both the 10,000-person antique and art festival and the 3,000-person Milton Roundup entertainment stage, children’s activities and games spread out over Crabapple and Broadwell roads. Organizers of the festival have requested a mechanism by which the businesses located within the special event boundary could, during the hours of festival operation, sell alcoholic beverages for open air consumption. The City Attorney has drafted language so that only the licensed businesses located entirely within the boundaries of a special event would be able to sell alcohol. They would need first to be licensed to sell alcohol at their physical location and apply for the special event permit. This ordinance could be used to allow other special event consumption, as well, as downtown brew fests and other such festivals have proven popular in the surrounding community. Page 2 of 2 Funding and Fiscal Impact: None anticipated. Alternatives: There are no alternatives to approving this text amendment. Legal Review: Ken Jarrard – Jarrard & Davis (May, 2013) Concurrent Review: None Attachment(s): Text amendment and Ordinance. STATE OF GEORGIA COUNTY OF FULTON ORDINANCE NO. AN ORDINANCE TO AMEND CHAPTER 4, ALCOHOLIC BEVERAGES SEC. 4-168, TEMPORARY SPECIAL EVENT LICENSE (POURING PERMIT) TO ALLOW, DURING THE TERM OF A SPECIAL EVENT, OPEN CONTAINER CONSUMPTION WITHIN THE FIXED BOUNDARIES OF THE PHYSICAL AREA WHERE THE SPECIAL EVENT IS AUTHORIZED BY LICENSED PREMISES LOCATED ENTIRELY WITHIN THAT FIXED BOUNDARY BE IT ORDAINED by the City Council of the City of Milton, GA while in a regularly called council meeting on June 17, 2013 at 6:00 p.m. as follows: SECTION 1. That the amendment of Section 4-168, temporary special event license (pouring permit) is hereby adopted and approved; and is attached hereto as if fully set forth herein; and SECTION 2. All ordinances, parts of ordinances, or regulations in conflict herewith are repealed; and SECTION 3. That this ordinance shall become effective upon its adoption. ORDAINED this 17th day of June, 2013. Approved: ____________________________________ Joe Lockwood, Mayor Attest: ___________________________ Sudie AM Gordon, City Clerk (Seal) PART II - CODE OF ORDINANCES Chapter 4 - ALCOHOLIC BEVERAGES ARTICLE VIII. - REGULATIONS Milton, Georgia, Code of Ordinances Page 1 ARTICLE III. - TEMPORARY AND SPECIAL EVENTS LICENSES Sec. 4-167. - Temporary licenses. Sec. 4-168. - Temporary special event license (pouring permit). Secs. 4-169—4-177. - Reserved. Sec. 4-167. - Temporary licenses. (a) Authority. The city manager is hereby authorized to issue temporary licenses for the sale of alcoholic beverages, either malt beverages and wine or distilled spirits, subject to the conditions set forth in this section. (b) Not to exceed 60 days; requirements. Temporary licenses may be issued for such period as may be determined by the city manager, not to exceed 60 days. No such license shall be issued unless: (1) A written application for the same is filed with the city manager. (2) An application for a permanent license, together with payment in full of the fee thereof, has been deposited with the city manager. (3) The city manager is satisfied that the location for the proposed license substantially complies with the provisions of this section authorizing such license in the city. (4) The denial of a temporary license would create undue hardship upon the applicant, suc h as the closing of an existing business or delaying of the opening of a new business. (5) There is payment of the fee prescribed by this section. (6) There is an agreement by the applicant that the temporary license may be revoked, with or without cause, by the city manager at any time. (c) Fee. The fee for issuance of a temporary license under this section shall be as established from time to time by the city council. (d) No bearing on decision for permanent license. The grant or denial of a temporary license under the provisions of this section shall not affect or have any bearing upon the grant or denial of a permanent license. (Ord. No. 06-11-13, § 1(ch. 7, art. 1, § 6), 11-21-2006; Ord. No. 07-11-53, § 1(ch. 7, art. 1, § 6), 12- 6-2007; Ord. No. 11-08-108, § 1, 8-1-2011) Sec. 4-168. - Temporary special event license (pouring permit). (a) Not to exceed ten days; application; fee; requirements. A temporary pouring permit may be issued to any person for a period not to exceed ten days in any one year for an approved special event. The person must make an application and pay the fee that may be required from time to time by city council ordinance and shall be required to comply with all the general ordinances and the licensing and regulations for a consumption on the premises establishment with the exception of the full-service PART II - CODE OF ORDINANCES Chapter 4 - ALCOHOLIC BEVERAGES ARTICLE VIII. - REGULATIONS Milton, Georgia, Code of Ordinances Page 2 kitchen requirement. Notwithstanding any other term or prohibition in this Ordinance, the holder of a Temporary special event license may be authorized, upon terms and conditions identified by the City Manager, to pour alcohol at the special event and allow open container consumption within the fixed boundaries of the physical area where the special event is to be held. In the event that open container consumption is so authorized, any other holder of an on-premise consumption license whose licensed premise is located entirely within the fixed boundary of the special event site shall likewise be authorized to allow open container alcohol consumption within the special event boundary. This open container consumption accommodation shall only be authorized, if at all, during the term of the special event. (b) Not to be issued for brown bagging. Brown bagging is not allowed at any special event as defined in this chapter. (c) Criteria for issuance. The special event must meet the following criteria prior to the issuance of a license to sell alcoholic beverages: (1) The event must have been permitted as an approved special event through the city's community development department prior to the issuance of a temporary pouring permit. (2) The special event must be associated with and benefit the cause of a charitable or civic organization. (3) The special event must receive approval from the city police department on crowd control and security measures. (4) The special event must receive approval from the city department of transportation, traffic operations section, on traffic control measures. (5) The location at which the special event is to take place must be properly zoned and approved by the city planning and community development departments. (6) The premises at which the special event is to take place must be approved by the city manager. (c) Employee or volunteer excepted. Any employee or volunteer of the special event licensee, working the special event in any position dispensing, selling, serving, taking orders or mixing alcoholic beverages shall not be required to obtain a pouring permit for the special event. (d) Police chief's authority to revoke. The police chief or his or her designee may immediately revoke any temporary license for a special event if it is determined continued alcohol sales may endanger the health, welfare or safety of the public. (e) Indemnification required. As a condition on the issuance of a temporary special event license, the licensee shall indemnify and hold the city harmless from claims, demand or cause of action which may arise from activities associated with the special event. (Ord. No. 06-11-13, § 1(ch. 7, art. 7, § 6), 11-21-2006; Ord. No. 07-11-53, § 1(ch. 7, art. 7, § 6), 12- 6-2007; Ord. No. 11-08-108, § 1, 8-1-2011) Secs. 4-169—4-177. - Reserved. E HOME OF `THE BEST QUALITY OF LIFE IN GEORGIA' N41 tTON t ESTABLISHED 2006 TO: City Council CITY COUNCIL AGENDA ITEM DATE: June 10, 2013 FROM: City Manager AGENDA ITEM: Consideration of an Ordinance of the City Council to Authorize Fulton County to Conduct Election. MEETING DATE: Monday, June 17, 2013 Regular City Council Meeting. BACKGROUND INFORMA TION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (APPROVED { j NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: (AYES () NO CITY ATTORNEY REVIEW REQUIRED: (-k'ES () NO APPROVAL BY CITY ATTORNEY (),APPROVED {} NOTAPPROVED PLACED ON AGENDA FOR: [® ( f I k-3 -4v-1t— REMARKS 4—1t— REMARKS You ,.�: a Green PHONE: 678.242.25001 FAX: 678.242.2499 tommuni C`ry °r info4city0miltonga.us Iwww.cityofmilfonga.us _ M,�,.,o�„�.ve ,. rhe 4; o; 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 - CERTIFLEO BEQNZE 8 Page 1 of 1 To: Honorable Mayor and City Council Members From: Sudie Gordon, City Clerk Date: Submitted on May 20, 2013 for the June 3, 2013 Regular Council Meeting (First Presentation) and June 17, 2013 Regular Council Meeting (Unfinished Business) Agenda Item: Consideration of an Ordinance of the City Council to Authorize Fulton County to Conduct Election ____________________________________________________________________________ Department Recommendation: Approve the attached ordinance authorizing Fulton County to Conduct Election. Executive Summary: On November 5, 2013, an election will be held in the City of Milton to elect the Mayor and City Councilmembers for District 1/Post 1, District 2/Post 1 and District 3/Post 1. O.C.G.A. §21-2-5 provides that a municipality may authorize and contract with a county to conduct elections. Approval of this ordinance will establish authority that the Mayor is authorized to enter into a contract with Fulton County to conduct this election. A copy of the contract is attached to the ordinance and incorporated therein. Funding and Fiscal Impact: The General Election fee of $70,029.17 and General Run-Off Election fee of $33,612.42 will be included in the FY2014 budget. This fee will be maintained by Fulton County in a separate election account. Within 120 days after the election or run-off election, Fulton County will furnish a refund of any excess fees. Alternatives: N/A Legal Review: Ken Jarrard – Jarrard & Davis (May 15, 2013) Concurrent Review: Ken Jarrard, City Attorney Chris Lagerbloom, City Manager Attachment(s):  Ordinance of the City Council to Authorize Fulton County to Conduct Election  Agreement between the City of Milton and Fulton County Authorizing Fulton County to Conduct Election Page 1 of 2 STATE OF GEORGIA COUNTY OF FULTON ORDINANCE NO. 13-06-262 AN ORDINANCE OF THE CITY COUNCIL TO AUTHORIZE FULTON COUNTY TO CONDUCT ELECTION BE IT ORDAINED by the City Council of the City of Milton, GA while in regular session on June 17, 2013 at 6:00 p.m. as follows: WHEREAS, on November 5, 2013, an election will be held in the City of Milton to elect the Mayor and City Council members for District 1/Post 1, District 2/Post 1, and District 3/Post 1; and WHEREAS, O.C.G.A. § 21-2-45 provides that a municipality may authorize and contract with a county to conduct elections: 1. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF MILTON, and it is hereby ordained and established by authority of the same, that the Mayor is authorized to enter into a contract with Fulton County to conduct this election approved by the Georgia Secretary of State, which contract is attached hereto and incorporated herein. 2. All ordinances, parts of ordinances, or regulations in conflict herewith are repealed as of the effective date of this Ordinance. 3. Severability. Should any section of this Ordinance be declared invalid or unconstitutional by any court of competent jurisdiction, such declaration shall not affect the validity of the Ordinance as a whole or any part thereof which is not specifically declared to be invalid or unconstitutional. Page 2 of 2 4. This Ordinance shall take effect and be in force from and after the date of its adoption, the public welfare demanding it. The above Ordinance having been read according to law is hereby approved by the Mayor and Council of the City of Milton, Georgia on this 17th day of June, 2013. Joe Lockwood, Mayor Attest: ______________________________ Sudie AM Gordon, City Clerk ______________________________ _______________________________ Karen Thurman, Councilmember Burt Hewitt, Councilmember (District 1/Post 1) (District 1/Post 2) ______________________________ _______________________________ Bill Lusk, Councilmember Matt Kunz, Councilmember (District 2/Post 1) (District 2/Post 2) __________________________ _______________________________ Joe Longoria, Councilmember Lance Large, Councilmember (District 3/Post 1) (District 3/Post 2) GEORGIA FULTON COUNTY: THIS AGREEMENT entered into between the City of Milton, a municipal corporation lying wholly or partially within the County of Fulton, Georgia, hereinafter referred to as "City", and FU LTON COUNTY, apolitical subdivision of the State of Georgia hereinafter referred to as "County". WITNESSETH: WHEREAS, City in the performance of its governmental functions will hold the election hereinafter described; and, WHEREAS, under the provisions of the Georgia Municipal Election Code, particularly Section 21-2-45(c) of the Official Code of Georgia, Annotated, City may by ordinance authorize County to conduct such election and City has heretofore adopted such an ordinance: NOW, THEREFORE, in consideration of the premises contained herein, it is hereby agreed as follows; 1. This contract shall govern the conduct of the following election hereinafter referred to as "election," City of Milton General Election to be held on Novembers, 2013 and the City of Milton General Runoff Election to be held on December 3, 2013. 1 N The Fulton County Board of Registration and Elections shall operate as the "Superintendent" of the aforementioned election and shall perform any and all functions of the City or any of its officials in connection with the conduct of such election or runoff thereof, except as hereinafter provided. 3. The cost of such elections shall be in accordance with the budget attached hereto as Exhibit "A" and made a part hereof by reference. City agrees to pay County the original sum of $70,029.17 for the City of Milton General Election and $33,612.42 for the City of Milton General Runoff Election, to be maintained in a separate election account with all expenses and charges in connection with the election to be recorded and paid from said account. City shall remit said funds to County upon execution of this contract by all parties involved. Within one hundred twenty (120) days after the date of the election or any run- off election related thereto, whichever is last to occur, County shall furnish to City a complete statement showing all costs and expenses incurred in the election and refund any excess in the election account or collect any deficit which may be in said account. After this time, all other invoices (reasonably incurred with respect to the election) received will be forwarded to the City for payment. 2 Ej The County shall not be financially responsible for any liability resulting from or furnishing of any services in the form of legal opinions or defenses in connection with any litigation arising by reason of the election. All legal services and defenses of litigation required by any Board or person arising from the afore -mentioned election(s) under this contract shall be furnished by the City Attorney for the City. Should the City Attorney for any reason fail to provide the legal services referred to in this paragraph, the Superintendent shall have authority to engage the Fulton County Legal Department at the expense of the City; provided, however, that all requests for legal assistance by the County from the City Attorney to provide such service shall be communicated in writing before the City will be obligated to pay for legal services under this paragraph; provided, further, that the failure of the City Attorney's office to respond to a request made hereunder, within a reasonable time, shall be deemed to be a refusal to furnish such services. County shall notify City in writing of its determination that the City has failed to respond as contemplated hereinabove before incurring legal fees on its own behalf forwhich the City shall be responsible. 5. All decisions concerning the qualifications of candidates shall be determined by the Clerk of Council of the City of Milton in accordance with the provisions of the Municipal Election Code and the Code of Ordinances of the City. 3 M* Should it be necessary to comply with legal requirements that any of the County's personnel shall be sworn in as a temporary officer or employee of the City, such formality shall be observed without limitation. 7. To the extent allowed by law, the CITY agrees to indemnify, defend and hold harmless FULTON COUNTY with respect to any claim, demand, action, damages, judgment, cost and/or expenses (including, without limitation, reasonable attorney's fees and legal expenses) to which FULTON COUNTY may be subjected as a consequence of or as a result of any error, omission, tort, intentional tort, willful misconduct, or any other negligence on the part of the CITY andlor its employees. LM To the extent allowed by law, FULTON COUNTY agrees to indemnify, defend and hold harmless the CITY with respect to any claim, demand, action, damages, judgment, cost and/or expenses (including, without limitation, reasonable attorney's fees and legal expenses) to which the CITY may be subjected as a consequence of or as a result of any error, omission, tort, intentional tort, willful misconduct, or any other negligence on the part of the FULTON COUNTY and/or its employees. 4 IN WITNESS WHEREOF, the parties have hereunto set their hands and affixed their seals pursuant to resolutions of their governing bodies duly adapted and entered on the Minutes thereof. CITY OF MILTON (Seal) Attest: Mayor City Cleric APPROVED A5 TO FORM: City Attorney 5 CONTRACTNOV13.MILT FULTON COUNTY APPROVED AS TO SUBSTANCE: (Seal) Chair, Board of Commissioners Attest: Clerk to Commission APPROVED AS TO FORM: County Attorney (Seal) Fulton County Board of Registration & Elections 6 MILTON GENERAL ELECTION - NOVEMBER 5, 2013 EXHIBIT "A" Projected Cost 350-265-2683-1001 SALARIES - OVERTIME (prorated) Admin./Elections/Registration/1.T./ Public Safety/Election Day $4,752.00 350-265-2683-1004 SALARIES - TEMPORARY (prorated) Admin Assts, Drivers, Pall Worker Instructors System Specialists, Record & Document Specialists $27,093.00 1010 SOCIAL SECURITY -SALARIES $31,845.00 $1,970.00 1011 SOCIAL SECURITY -MEDICARE $31,845.00 $460.40 1460 UNEMPLOYMENT INS $31,845.00 $60.00 350-265-2683-1120 RENTAL EQUIPMENT (prorated) Vans, Radios, Tables, Chairs, Cell Phones TOTAL 1120 - RENTAL EQUIPMENT $2,079.00 350-265-2683-1121 RENTAL BUILDINGS Public and Private Facilities TOTAL RENTAL BUILDINGS $1,900.04 350-265-2683-1159 HOURLY FEE PERSONNEL Poll Workers - Training Class Fee $30 3 Dual Manager(s) - $275 plus $30 training fee $915.00 8 Chief Mgr(s) - $250 Pius $30 training fee $2,240.00 22 Asst Mgr(s) - $200 plus $30 training fee $5,060.00 77 Clerk(s) - $175 plus $30 training fee $15,785.00 Election Night Workers @ variable rates (prorated) $686.42 TOTAL 1159 HOURLY FEE PERSONNEL $24,686.42 350-265-2683-1160 PROFESSIONAL SERVICES (prorated) Election Day Technicians & Attorney Fees/Misc TOTAL 1160 PROFESSIONAL SERVICES $733.00 350-265-2683-1178 FEES (prorated) BRE Board Meeting Fees ($50 *5 BRE Members * 2 mtgs) TOTAL BOARD FEES $20.00 350-265-2683-1342 ADVERTISING (prorated) Advertisment of legal notices TOTAL ADVERTISING $10.00 MILTON GENERAL ELECTION -NOVEMBERS, 2013 EXHIBIT "A" 350-265-2683-1346 MILEAGE (prorated) TOTAL 1346 MILEAGE $10.00 350-265-2683-1452 VEHICLE SUPPLIES (prorated) Gasoline TOTAL 1452 VEHICLE SUPPLIES $269.40 350-265-2683-1456 POSTAGE (prorated) Mailing of Absentee Ballots Letters to voters, candidates, poll workers Mailing of Precinct Cards TOTAL POSTAGE $788.00 350-265-2683-1459 PRINTING & BINDING (prorated) Opening & Closing Instructions and SOVC's TOTAL 1459 PRINTING & BINDING $1,014.00 350-265-2683-1461 PHOTOCOPIES (prorated) Sample Ballots & Letter of Instructions TOTAL 1461 PHOTOCOPIES $154.00 350-265-2683-1462 OFFICE SUPPLIES (prorated) Office Supplies, L&A Test Desks, Sample & Ballot Cards TOTAL 1462 OFFICE SUPPLIES $2,105.75 350-265-2683-1475 STOCKPAPER $75.00 350-265-2683-1501 INSURANCE -HEALTH $510.00 350-265-2683-1505 INSURANCE -LIFE $30.00 350-265-2683-1510 INSURANCE -DENTAL $60.00 350-265-2683-1512 INSURANCE -VISION $10.00 350-265-2683-1522-RETIREMATCH $140.00 350-265-2683-1525 PENSION EMPLOYEES $860.00 350-265-2683-1527 DC- CNTR-EPLR $194.00 350-265-2683-1529 DC-CNTR- 2% $50.00 $1,850.00 TOTAL FRINGE BENEFITS GRAND TOTAL MILTON GENERAL ELECTION NOV. 5, 2013 $70,029.17 MILTON GENERAL RUNOFF ELECTION - DECEMBER 3, 2013 EXHIBIT "A" Projected Cost 350-265-2684-1001 SALARIES - OVERTIME (prorated) Admin./Elections/Registration/I.T./ Public Safety/Election Day $2,502.00 350-265-2684-1404 SALARIES - TEMPORARY (prorated) Admin Assts, Drivers, Poll Worker Instructors System Specialists, Record & Document Specialists $10,566.00 1010 SOCIAL SECURITY -SALARIES $13,068.00 $810.00 1011 SOCIAL SECURITY -MEDICARE $13,068.00 $190.00 1060 UNEMPLOYMENT INS $13,068.00 $30.00 330-265-2684-1120 RENTAL EQUIPMENT (prorated) Vans, Radios, Tables, Chairs, Cell Phones TOTAL 1120 - RENTAL EQUIPMENT $1,181.00 350-265-2684-1121 RENTAL BUILDINGS Public and Private Facilities TOTAL RENTAL BUILDINGS $1,900.00 350-265-2684-1159 HOURLY FEE PERSONNEL Poll Workers 3 Dual Manager(s) @ $275 $825.00 8 Chief Mgr(s) @ $250 $2,000.00 22 Asst Mgr(s) @ $200 $4,440.00 33 Clerk(s) @ $175 $5,775.00 Election Night Workers @ variable rates (prorated) $686.42 TOTAL 1159 HOURLY FEE PERSONNEL $13,686.42 350-265-2684-1160 PROFESSIONAL SERVICES (prorated) Election Day Technicians & Attorney Fees/Mise TOTAL 1160 PROFESSIONAL SERVICES $520.00 350-265-2684-1178 FEES (prorated) BRE Board Meeting Fees ($50 *5 BRE Members * 2 mtgs) TOTAL BOARD FEES $20.00 350-265-2684-1342 ADVERTISING (prorated) Advertisment of legal notices TOTAL ADVERTISING $10.00 MILTON GENERAL RUNOFF ELECTION - DECEMBER 3, 2013 EXHIBIT "A" 350-265-2684-1346 MILEAGE (prorated) TOTAL 1346 MILEAGE $10.00 350-265-2684-1452 VEHICLE SUPPLIES (prorated) Gasoline TOTAL 1452 VEHICLE SUPPLIES $204.00 350-265-2684-1456 POSTAGE (prorated) Mailing of Absentee Ballots Letters to voters, candidates, pall workers Mailing of Precinct Cards TOTAL POSTAGE $281.00 350-265-2684-1459 PRINTING & BINDING (prorated) Opening & Closing Instructions and SOVC's TOTAL 1459 PRINTING & BINDING $44.00 350-265-2684-1461 PHOTOCOPIES (prorated) Sample Ballots & Letter of instructions TOTAL 1461 PHOTOCOPIES $35.00 350-265-2684-1462 OFFICE SUPPLIES (prorated) Office Supplies, L&A Test Desks, Sample & Ballot Cards TOTAL 1462 OFFICE SUPPLIES $620.00 350-255-2684-1475 STOCKPAPER $13.00 350-265-2684-1501 INSURANCE -HEALTH $270.00 350-265-2684-1505 INSURANCE -LIFE $20.00 350-265-2684-1510 INSURANCE -DENTAL $30.00 350-265-2684-1512 INSURANCE -VISION $10.00 354-265-2684-1522-RETIREMATCH $80.00 350-265-2684-1525 PENSION EMPLOYEES $450.00 350-265-2684-1527 DC- CNTR-EPLR $100.00 350-265-2684-1529 DC-CNTR- 2% $30.00 TOTAL FRINGE BENEFITS $590.00 GRAND TOTAL MILTON GEN RO ELECTION DEC. 3, 2013 1 $33,612.42 FULTON COUNTY BOARD OF REGISTRATION AND ELECTIONS 141 PRYOR STREET, S.W., SUITE 4075 !� ^ '• ATLANTA, GA 30303-3460 ,1 404-612-7020 �� f•J- a FULTUH COUNTY April 30, 2013 Ms. Sudie Gordon City Clerk City of Milton 13000 Deerfield Parkway, Suite 107 Milton, Georgia 30004 Dear Ms. Gordon: RECEIVER ` MAy-92013 CrrY CLERK CITY of mu Tom As requested by your municipality, Fulton County Department of Registration and Elections is prepared and willing to perform the City of Milton General Election on November 5, 2013. There are three (3) original contracts enclosed with the projected cost. If, after reviewing the projected cost for your jurisdiction, you decide to seek election services from another source, please let our office know. All three (3) copies of the contract will need to be signed by the appropriate authority in your municipality. The projected cost is based upon Fulton County Department of Registration and Elections conducting ten (1o) municipal elections and potentially six (b) runoffs. All three (3) executed Agreements must be received in our office no later than close of business on June 3, 2013, in order that we may submit your executed Agreement(s) to the Fulton County Board of Registration and Elections and the Board of Commission for their approval prior to the election. Once approved by the Board of Commission, we will submit a fully -executed Agreement back to you for your records. In addition, please submit copies of the following with the executed Agreements and your check made payable to "Fulton County Director of Finance:" 9 Publication of the Call, qualifying dates and fees 9 Copy of City Charter ➢ Resolution calling the election �= Copy of ordinance authorizing Fulton County to conduct the 2013 Municipal General Election Ms. Sudie Gordon April ga, 201$ Page 2 At or before noon on the third day after the deadline for qualifying, the certified list of qualified candidates should be submitted to this office. Please include the following with your certified list of candidates: A copy of the Notice of Candidacy and Affidavit showing how the candidate desires his/her name to appear on the ballot Number of candidates to be elected per office Indicate whether the election will be a plurality or majority vote The list should be in the order that the off ce(s) are to appear on the ballot and the candidates names should be in alphabetical order by last name within each office. Indicate the incumbent(s) if applicable Your timely attention and cooperation on this matter is greatly appreciated. Should you have questions or need additional information, please do not hesitate to contact Ms. Brenda McCloud, Administrative Coordinator or Mr. Dwight Brower, Elections Chief at 404-512-7020. Sincerely, Sharon E. Mitchell, Interim Director Department of Registration and Elections SEM/bem Enclosures MYOOCUMENMELECTIOMELECTION111CONTLTRU MILTON HOME QF 'l' I I•; i ".I .::',L'TY OF LIFE IN GEGR(_ 1.'. � -MI LTONI ESTABLISHED 2006 TO: City Council CITY COUNCIL AGENDA ITEM! DATE: June 10, 2013 FROM: City Manager AGENDA ITEM: Consideration of the Approval of an Agreement Between the City of Milton and Crabapple Community Association Regarding Responsibilities and Obligations Related to Co -hosting of the Crabapple Fest. MEETING DATE: Monday, June 17, 2013 Regular City Council Meeting. BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: i) APPROVED (} NOTAPPROVED CI TY A TTORNEY A PPRO VAL REQUIRED: ( YES () NO CI TY ATTORNEY REVIEW REQUIRED: (-�-YES () NO APPROVAL BY CITY ATTORNEY (YA�PPROVED PLACED ON AGENDA FOR: REMARKS �� Irl1i� () NOTAPPROVED ® '' Your 4 +7 4 * p ioa PHONE: 67$.242.25001 FAX: 678.242.2499 � re e n x cercilied infoOcifyofmiltonga.us I www.cifyofmiltonga.us Community 13000 Deerfield Parkway, Sulte 107 1 Milton GA 30004 Page 1 of 2 To: Honorable Mayor and City Council Members From: Jason Wright, Communications Manager Date: Submitted on June 6 for the June 17 Regular Council Meeting Agenda Item: Consideration of the Approval of an Agreement Between the City of Milton and Crabapple Community Association Regarding Responsibilities and Obligations Related to Co-hosting of the Crabapple Fest Department Recommendation: Approval. Executive Summary: The City of Milton and non-profit Crabapple Community Association (“CCA”) have entered into a partnership to combine the Milton Roundup and Crossroads at Crabapple Antique and Art Festival to create “The Crabapple Fest.” The impetus of this partnership is the low attendance and high cost of the Milton Roundup and the need for professional help in regards to logistics, advertising and public safety due to the antique fest’s popularity and size. Ultimately the parties wish to create a yearly destination festival in the heart of historic downtown Crabapple to compliment the vision of “downtown Milton” as the city grows. This document outlines the expectations and deliverables of that partnership, including CCA’s handling of vendors, Milton’s handling of children’s activities and sponsors, and shared responsibilities of volunteerism. (To be read into record at meeting) Additionally, it should be disclosed that a member of the Planning Commission, Peyton Jamison, is currently serving as the president of Crabapple Community Association. This could present a potential conflict; however, this conflict is not an issue, as Mr. Jamison is not involved in negotiation or approval of the contract by the City, he does not receive any City funds through execution of this contract, and the Code provides that the City may enter into contracts involving services with a business which is the only available source for such services, and Crabapple Community Association is the only entity that hosts this type of festival in downtown Crabapple. To avoid the appearance of impropriety, Lisa Renko, vice president of the Crabapple Community Association and president of the festival, has signed the contract. Page 2 of 2 Funding and Fiscal Impact: Funding for this festival will be achieved by combining the existing special event fund line items for the antique festival donation ($3,500) and Milton Roundup ($23,800). This cost will be offset with sponsorships we conservatively estimate to be in excess of $12,000. Alternatives: Denial of the contract, dissolution of the partnership. Legal Review: Elizabeth Whitworth – Jarrard & Davis (May 30, 2013) Concurrent Review: Attachment(s): Contract with supporting documents. AGREEMENT BETWEEN THE CITY OF MILTON AND CCA REGARDING RESPONSIBILITIES AND OBLIGATIONS RELATED TO CO -HOSTING OF THE CRABAPPLE FEST THIS AGREEMENT is effective as of this day of , 20 , by and between CITY OF MILTON, a political subdivision of the State of Georgia, acting by and through its governing authority, the May or and City Council for the City of Milton ("City"), and Crabapple Community Association, Inc., a Georgia corporation, ("CCA"), collectively referred to as the "Parties." WITNESSETH THAT: WHEREAS, the City and CCA desire to co -host a festival to be known as the Crabapple Fest and to specify each party's responsibilities and obligations related thereto; and WHEREAS, the City previously hosted the Milton Round Up, a festival focusing on, among other things, Milton heritage, children's activities, and music; and WHEREAS, the CCA previously hosted the Crossroads at Crabapple Antique and Art Festival focusing on, among other things, antique vendor sales; and WHEREAS, the City and CCA have determined that it would be mutually beneficial to share in the cost of hosting festival by combining the two previously existing festivals into one festival to be known as Crabapple Fest, as both Parties would benefit from maximum community branding, cost sharing, increased festival attendance, and enhanced benefits to community commerce; and WHEREAS, the City is authorized by Article IX, Section 2, Paragraph III of the Constitution of the State of Georgia to provide and fund recreational programs; and WHEREAS, the City will receive a substantial benefit from consolidating its efforts with those of CCA, as the City will be able to co -host a much larger festival than was previously possible with greater recreational opportunities for Milton's citizens; and WHEREAS, the public interest will be served by this Agreement, as the City of Milton would receive a substantial benefit through CCA's providing funding, personnel and administrative assistance in co -hosting a much larger community festival; NOW, THEREFORE, for and in consideration of the mutual promises, the public purposes, and the acknowledgements and agreements contained herein, together with other good and adequate consideration, the sufficiency of which is hereby acknowledged, the Parties hereto do mutually agree as follows: I. SCOPE OF SERVICES AND TERMINATION DATE A. Proiect Description The Parties will work cooperatively to co -host a festival in downtown Crabapple, which festival shall be known as Crabapple Fest (the "Festival"). B. Party Obligations and Responsibilities 1. City Obligations and Responsibilities The City shall be responsible for providing all labor and funding associated with the following in co -hosting the Festival: a. Logistics — The City shall be responsible for coordinating any logistics associated with closing roads and providing security for the Festival, including but not limited to closing Crabapple Road (from Itasca Walk to Broadwell Road) and Broadwell Road (from Crabapple Road to Broadwell Avenue) where the Festival will occur and providing a police presence at the Festival. b. Kids Activity Area — The City shall be responsible for organizing and running the kids activity area, which shall be located toward the center of the Festival and shall include space sufficient for children's activities consistent or similar to those previously provided at the Milton Round Up. C. Sponsorships — The City shall be responsible for and authorized to obtain sponsorships to fund its portion of any costs associated with co -hosting the Festival. The City shall make a good faith effort to secure as many sponsorships as possible to offset the public funds needed to be expended on the festival. Any sponsors providing one thousand dollars ($1,000) or more in sponsorship shall be allowed to have a booth at the Festival. d. Vendor Solicitation and Recruitment (Other than Antique/Art/Food Vendors Recruited by CCA) — The City will maintain a record of all participating vendors (other than antique, art and food vendors recruited by CCA) that the City recruits to participate in the Festival, which record shall include the name, address, and phone number of the vendor, any amounts payable or outstanding from such vendor, the vendor terms, the vendor class (if any), and any other vendor information deemed necessary. The City may set a fee for participation by such vendors, which fee shall not exceed one hundred dollars ($100.00) (provided that any vendor may choose to make a donation in excess of such amount and the City need not charge any vendor fee if the City so chooses). Any amounts outstanding to be collected from such vendors (other than antique, art and food vendors recruited by CCA) shall be the 2 responsibility of the City. e. Publicity and Communications — The City shall coordinate any publicity and communications associated with the Festival, including but not limited to written flyers, pamphlets and advertisements, signage, broadcast media, etc. f. Budget and Finances — The City shall set the Festival budget and keep records of all finances related to the Festival. The City shall provide a copy of any financial statements or other financial reports completed in relation to the Festival to CCA for consideration in Post -Event Evaluation/Summary/Appreciation. 2. CCA Obligations and Responsibilities CCA will be responsible for providing all labor and funding associated with the following in co -hosting the Festival: a. Vendor Solicitation and Recruitment (Antique/Art/Food Vendors Recruited by CCA) — CCA shall be responsible for soliciting and recruiting antique, art, and food vendors for the festival. CCA will maintain a record of all participating antique, art and food vendors recruited by CCA to participate in the Festival, which record shall include the name, address, and phone number of the vendor, any amounts payable or outstanding from such vendor, the vendor terms, the vendor class (if any), and any other vendor information deemed necessary. Any amounts outstanding to be collected from any antique, art and food vendors recruited by CCA shall be the responsibility of CCA. b. Vendor Management and Communications — CCA shall be responsible for managing the involvement of and communicating with any and all antique, art, and food vendors recruited by CCA; provided that any fee charged by CCA to vendors to participate in the Festival shall not exceed two hundred twenty-five dollars ($225.00) (provided that any vendor may choose to make a donation in excess of such amount). The Parties agree that any revenue collected from fees charged to antique, art and food vendors recruited by CCA shall be designated to the CCA's fundraising account. C. Vendor Tents — CCA will provide vendors recruited by CCA and whose booths are located on Crabapple Road with white tents for their booths/vendor stands. (All other vendors will be responsible for providing their own tents for their booths/vendor stands.) d. Revenue Reporting — Once the Festival is complete, CCA will provide the City with a report specifying all revenues and/or other monies collected in relation to the Festival, including but not limited to those designated for community programs. 3. Joint Obligations and Responsibilities of both the City and CCA CCA will be responsible for providing all labor and funding associated with the following in co -hosting the Festival: a. Volunteer Recruitment and Coordination — The City and CCA shall work together to recruit and coordinate volunteers to plan for and staff the Festival. b. Post -Event Evaluation/Summary/Appreciation — The City and CCA shall work together to evaluate the success of the Festival once complete. 4. All Other Obligations The Parties will negotiate in good faith to equitably assign any obligations or responsibilities not specifically assigned herein, and the labor and funding associated therewith, as such obligations and responsibilities are identified. C. No Admission for Attendees. The Parties agree that there shall be no admission fee charged to members of the public who attend the Festival. D. Schedule. The Parties anticipate that the Festival will be held on Saturday, October 5, 2013. This Agreement will terminate upon completion of Post -Event Evaluation, Summary and Appreciation activities following the Festival, which the Parties expect to be completed within five (5) weeks of the Festival. II. MISCELLANEOUS A. Amendments This Agreement may be amended only upon execution of an amendment by both of the Parties hereto. B. Indemnification of the City The CCA shall bear all losses and damages directly or indirectly resulting to it and/or the 4 City on account of CCA's performance of this Agreement. CCA shall defend, indemnify and hold harmless the City, its officers, boards, commissions, elected and appointed officials, employees, servants, volunteers and agents (hereinafter referred to as "City Parties") from and against any and all claims, injuries, suits, actions, judgments, damages, losses, costs, expenses and liability of any kind whatsoever, including but not limited to, attorney's fees and costs of defense, (hereinafter "Liabilities") which may be the result of willful, negligent or tortious conduct arising out of CCA's performance of this Agreement or operations by the CCA, any CCA contractor, anyone directly or indirectly employed by the CCA or a CCA contractor or anyone for whose acts the CCA or a CCA contractor may be liable. This indemnity obligation does not include Liabilities caused by or resulting from the sole negligence of the City or City Parties. 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 City Parties, by any employee or representative of the CCA, any CCA contractor, anyone directly or indirectly employed by the CCA or a CCA contractor or anyone for whose acts the CCA or a CCA contractor 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 CCA or any CCA contractor under workers' or workmen's compensation acts, disability benefit acts or other employee benefit acts. This obligation to indemnify, defend, and hold harmless the City and City Parties shall survive expiration or termination of this Agreement, provided that the claims are based upon or arise out of actions that occurred during the performance of this Agreement. C. Insurance The CCA shall have and maintain in full force and effect for the duration of this Agreement commercially reasonable insurance insuring against claims for injuries to persons or damages to property which may arise from or in connection with the performance of this Agreement by CCA, its agents, representatives, employees or contractors. Insurance is to be placed with insurers with an A.M. Bests' rating of no less than ANII. The City and City Parties are to be covered as additional insureds in such policies. Further, during the term of this Agreement, 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. CCA shall furnish the City with certificates of insurance and endorsements to the policies evidencing coverage required by this Article. The certificate of insurance and endorsements shall be on a form utilized by CCA'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 CCA shall provide proof that any expiring coverage has been renewed or replaced at least two (2) weeks prior to the expiration of the coverage. These requirements are subject to amendment or waiver if so approved in writing by the City Manager. D. Employment of Unauthorized Aliens Prohibited (1) E -Verify Affidavit — 5 Pursuant to O.C.G.A. § 13-10-91(b)(5), and as it is the City's understanding that CCA has no employees and does not intend to hire any employees for the purpose of performance of this Agreement, CCA must provide a copy of the state issued driver's license or state issued identification card (from a state approved by Georgia's Attorney General) of an individual authorized to act on behalf of CCA and a copy of the state issued driver's license or identification card (from a state approved by Georgia's Attorney General) of each independent contractor utilized in the satisfaction of part or all of this Agreement (provided that no vendor shall be deemed to be an employee or independent contractor of CCA or of the City, as such vendors are not required to provide any service to the CCA or the City and are simply authorized to participate as a vendor in the Festival). In the event CCA later determines that it will hire employees to satisfy or complete the physical performance of services under this Agreement, it shall first be required to comply with the affidavit requirements described in O.C.G.A. § 13-10- 91. (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 CCA's legal status in the Country each time that CCA obtains a public benefit, including any contract, from the City. CCA 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 "A",and submitted such affidavit to the City in person, electronically, or by mail. Further, CCA verifies'that it has, prior to executing this Agreement, submitted a secure and verifiable document, evidencing the CCA's legal status, to the City either in person or electronically (in compliance with the Uniform Electronic Transactions Act). CCA 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). E. Records, Reports and Audits (1) Records: (a) Records shall be established and maintained by the CCA 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 evaluation of the Project is complete. (b) All costs shall be supported by properly executed invoices, contracts, or vouchers, or other official documentation evidencing in proper detail the nature and propriety of the charges. All invoices, contracts, vouchers, orders or other accounting documents pertaining in whole or in part to this Agreement shall be clearly identified and readily accessible. (2) Reports and Information: 6 Upon request, the CCA shall furnish to the City any and all statements, records, reports, data and information related to matters covered by this Agreement in the form requested by the City. (3) Audits and Inspections: At any time during normal business hours and as often as the City may deem necessary, there shall be made available to the City for examination all records with respect to all matters covered by this Agreement. The CCA will permit the City to audit, examine, and make excerpts or transcripts from such records, and to audit all contracts, invoices, materials, or data relating to all matters covered by this Agreement. F. Conflicts of Interest CCA 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. G. Confidentiality CCA 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 contractors and/or staff/volunteers to likewise protect such confidential information. The CCA agrees that confidential information it receives or such reports or information that CCA 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 CCA shall exercise reasonable precautions to prevent the unauthorized disclosure and use of City information whether specifically deemed confidential or not. CCA acknowledges that the City's disclosure of documentation is governed by Georgia's Open Record's Act. H. Authority to Contract The CCA covenants and declares that it has obtained all necessary approvals of its board of directors or similar authority to simultaneously execute and bind CCA to the terms of this Agreement, if applicable. Ratification of the agreement by a majority of the board of commissioners shall be authority for the Chairman to execute this Agreement on behalf of the board but shall not preclude execution by the full board. I. Nondiscrimination In accordance with Title VI of the Civil Rights Act, as amended, 42 U.S.C. § 2000d, section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6102, section 202 of the Americans with Disabilities Act of 1990, 42 U.S.C. § 12132, and all other provisions of Federal law, the CCA agrees that, during performance of this Agreement, CCA, for itself, its assignees and successors in interest, will not discriminate against any employee or applicant for 7 employment, any contractor, or any supplier because of race, color, creed, national origin, gender, age or disability. In addition, CCA agrees to comply with all applicable implementing regulations and shall include the provisions of this Section II(I) in every contract for services contemplated under this Agreement. III. TERMINATION The City shall have the right to terminate this Agreement for convenience by providing written notice thereof at least thirty (30) calendar days in advance of the termination date. Upon termination, the CCA shall promptly discontinue all work that would incur additional liability or obligation on the City, unless the notice directs otherwise. The rights and remedies of the City and CCA provided in this Article are in addition to any other rights and remedies provided under this Agreement or at law or in equity, including but not limited to the right to terminate this Agreement for cause. IV. NO PERSONAL LIABILITY Nothing herein shall be construed as creating any individual or personal liability on the part of any City Party. No City Party shall be personally liable to the CCA or any successor in interest in the event of any default or breach by the City or for any amount which may become due to the CCA or successor or on any obligation under the terms of this Agreement. Likewise, CCA's performance of services under this Agreement shall not subject CCA's individual employees, officers or directors to any personal liability. The Parties agree that their sole and exclusive remedy, claim, demand or suit shall be directed and/or asserted only against CCA or the City, respectively, and not against any employee, officer, director, or elected or appointed official. V. ENTIRE AGREEMENT This Agreement constitutes the complete agreement between the Parties and supersedes any and all other agreements, either oral or in writing, between the Parties with respect to the subject matter of this Agreement. No other agreement, statement or promise relating to the subject matter of this Agreement not contained in this Agreement shall be valid or binding. This Agreement may be modified or amended only by a written document signed by representatives of both Parties with appropriate authorization. VI. SUCCESSORS AND ASSIGNS; ASSIGNMENT This Agreement shall be binding on the heirs, executors, administrators, successors and assigns of the respective Parties, provided that no Party may assign this Agreement without prior written approval of the other Party. VII. APPLICABLE LAW If any action at law or in equity is brought to enforce or interpret the provisions of this Agreement, the rules, regulations, statutes and laws of the State of Georgia will control. Any action or suit related to this Agreement shall be brought in the Superior Court of Fulton County, Georgia. VIII. CAPTIONS AND SEVERABILITY The caption or headnote on articles or sections of this Agreement are intended for convenience and reference purposes only and in no way define, limit or describe the scope or intent thereof, or of this Agreement nor in any way affect this Agreement. Should any article(s) or section(s), or any part thereof, later be deemed unenforceable by a court of competent jurisdiction, the offending portion of the Agreement should be severed, and the remainder of this Agreement shall remain in full force and effect to the extent possible. IX. NOTICES A. Communications Relating to Day -to -Day Activities All communi ation elating to the day-to-day activities concerning the Project shall be exchanged between 0or the City and I,VA _ N14for CCA. B. Official Notices All other notices, requests, demands, writings, or correspondence, as required by this Agreement, shall be in writing and shall be deemed received, and shall be effective, when: (1) personally delivered, or (2) on the third day after the postmark date when mailed by certified mail, postage prepaid, return receipt requested, or (3) upon actual delivery when sent via national overnight commercial carrier to the Parties at the addresses given below, or at a substitute address previously furnished to the other Parties by written notice in accordance herewith: NOTICE TO THE CITY shall be sent to: City Manager City of rMiltpn l NOTICE TO THE CCA shall be sent to: Aw iy I CTNV, (-A gbnb Li Future changes in address shall be effective only upon written notice being given by the City to CCA or by CCA to City Manager via one of the delivery methods described in this Section. XIV. WAIVER OF AGREEMENT I No failure by the Parties to enforce any right or power granted under this Agreement, or to insist upon strict compliance with this Agreement, and no custom or practice of the Parties at variance with the terms and conditions of this Agreement shall constitute a general waiver of any future breach or default or affect the Parties' right to demand exact and strict compliance with the terms and conditions of this Agreement. XV. NO THIRD PARTY RIGHTS This Agreement shall be exclusively for the benefit of the Parties and shall not provide any third parties with any remedy, claim, liability, reimbursement, cause of action or other right. XVI. 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. XVII. FORCE MAJEURE Neither the City nor CCA shall be liable for their respective non -negligent or non -willful failure to perform or shall be deemed in default with respect to the failure to perform (or cure a failure to perform) any of their respective duties or obligations under this Agreement or for any delay in such performance due to: (a) any cause beyond their respective reasonable control; (b) any act of God; (c) any change in applicable governmental rules or regulations rendering the performance of any portion of this Agreement legally impossible; (d) earthquake, fire, explosion or flood; (e) strike or labor dispute, excluding strikes or labor disputes by employees and/or agents of CCA; (f) delay or failure to act by any governmental or military authority; or (g) any war, hostility, embargo, sabotage, civil disturbance, riot, insurrection or invasion. In such event, the time for performance of this Agreement shall be renegotiated in good faith between the Parties to reasonably account for such circumstances, and all other obligations shall remain intact. IN WITNESS WHEREOF the City and CCA have executed this Agreement effective as of the date the last Party executes this Agreement. [SIGNATURES ON FOLLOWING PAGE] 10 Approved as to form: City Attorney SIGNED, SEALED, AND DELIVERED in the presence of: F111,11 "K %ang �J Ilk ss • ..• [NOTARY SEAL] My Co in sion Expires: 11 lS /( CCA: -'Lao By: Its: CITY OF MILTON By: Its: SIGNED, SEALED, AND DELIVERED in the presence of- Witness £ Witness Notary Public [NOTARY SEAL] My Commission Expires: [CITY SEAL] EXHIBIT "A" SAVE Affidavit By executing this affidavit under oath, and as an applicant for a City contract, a public benefit, as referenced in O.C.G.A. § 50-36-1, from City of Milton, the undersigned applicant, acting on behalf of , verifies one of the following with respect to my application for a public benefit: 1) ✓ I am a United States citizen. 2) I am a legal permanent resident of the United States. 3) I am a qualified alien or non-immigrant under the Federal Immigration and Nationality Act with an alien number issued by the Department of Homeland Security or other federal immigration agency. My alien number issued by the Department of Homeland Security or other federal immigration agency is: The undersigned applicant also hereby verifies that he or she is 18 years of age or older and has provided a copy of at least one secure and verifiable document to the City, 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: 99,1 VCU l l&VSE (e.g., driver's license, passport, etc.). 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 M I L1-0 r SUBSCRIBED AND SWORN BEFORE ME ON THIS THE _q�kPAY OF �UN� , 20 13 My C(inmission Expires: (city), ( (state). Signature of Applicant Printed Name of Applicant -A,�0., jOE1SS1/11��i r :y BUGQ 0 w ��'•� C? -j••www�ww•w• O �� 12 to HOME OF' SHE BEST QUALITY OF LIFE IN GEORGIA' M I LTON ES I-ABLIS H ED 2006 TO: City Council CITY COUNCIL AGENDA ITEM DATE: June 10, 2013 FROM: City Manager AGENDA ITEM: Consideration of a Resolution Appointing a Member to the City of Milton Construction Board of Adjustment and Appeals by Appointing a Board Member for District 5. MEETING DATE: Monday, June 17, 2013 Regular City Council Meeting. BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER. WAPPROVED CITY ATTORNEY APPROVAL REQUIRED: () YES CITY ATTORNEY REVIEW REQUIRED: () YES () NOTAPPROVED (I -No i� { } NO APPROVAL BYCITYATTORNEY () APPROVED (} NOTAPPROVED PLACED ON AGENDA FOR: �[ [ -1 ` 1 �3 REMARKS K Your �- PHONE: 678.242.25001 FAX: 678.242.2499 mawpw Ween ; Cen4fied * ro oda Community Info@cltyofmiltonga.us 1 www.cityofmtitonga.us , 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 - CERTIFIED snoHrF --- e� STATE OF GEORGIA COUNTY OF FULTON RESOLUTION NO. A RESOLUTION APPOINTING A MEMBER TO THE CITY OF MILTON CONSTRUCTION BOARD OF ADJUSTMENT AND APPEALS BY APPOINTING A BOARD MEMBER FOR DISTRICT 5 BE IT RESOLVED by the City Council of the City of Milton, GA while in regular session on June 17, 2013 at 6:00 p.m. as follows: SECTION 1. That __________ __________ (District 5) is hereby appointed for a term commencing June 17, 2013 and ending December 31, 2013; and, SECTION 2. That this Resolution shall become effective upon its adoption. RESOLVED this 17th day of June, 2013. Approved: ____________________________ Joe Lockwood, Mayor Attest: ______________________________ Sudie AM Gordon, City Clerk (Seal)