Loading...
HomeMy WebLinkAbout07-01-2013-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, July 1, 2013 Regular Council Meeting Agenda 6:00 PM INVOCATION - Remco Brommet, Chaplain for City of Milton Police and Fire CALL TO ORDER 1) ROLL CALL 2) PLEDGE OF ALLEGIANCE (Led by Mayor Joe Lockwood) 3) APPROVAL OF MEETING AGENDA (Add or remove items from the agenda) (Agenda Item No. 13-156) 4) PUBLIC COMMENT 5) CONSENT AGENDA 1. Approval of the June 17, 2013 Regular City Council Meeting Minutes. (Agenda Item No. 13-157) (Sudie Gordon, City Clerk) MILTON CITY COUNCIL REGULAR COUNCIL MEETING JULY 1, 2013 Page 2 of 3 Persons needing special accommodations in order to participate in any City meeting should call 678-242-2500. 2. Approval of a Construction Services Agreement Between the City of Milton and Tri Scapes, Inc. for Darby Road Culvert Replacement. (Agenda Item No. 13-158) (Carter Lucas, Public Works Director) 3. Approval of a Construction Services Agreement Between the City of Milton and Tri Scapes, Inc. for the Installation of a Vehicle Gate and a Pervious Driveway at Friendship Community Park. (Agenda Item No. 13-159) (Jim Cregge, Parks & Recreation Director) 6) REPORTS AND PRESENTATIONS 1. Proclamation Recognizing MDA Firefighter Appreciation. (Presented by Mayor Joe Lockwood) 7) FIRST PRESENTATION 1. Consideration of RZ13-14 – 13175 Hopewell Road, Duke Land Group, LLC, to Rezone from AG-1 (Agricultural) to R-3 (Residential) to Develop 11 Single Family Lots on 9.04 Acres. (Agenda Item No. 13-160) (Kathleen Field, Community Development Director) 2. Consideration of an Ordinance to Amend Chapter 10, Buildings and Building Regulations, to Provide for Enforcement of Certain Applicable Codes Relative to the Safe Use of Real Property in Accordance with Georgia Law; to Repeal any Conflicting Provisions; and for Other Purposes. (Agenda Item No. 13-161) (Ken Jarrard, City Attorney) 3. An Ordinance To Amend Chapter 54, Telecommunications Sections 54-3, 54-5(A), 54- 6(f), 54-7(a)(1), and 54-7(a)(2) to Include the Definition of “Modification(s)”, to Revise Maximum Telecommunication Tower Heights, and to Provide for an Expedited Variance Process. (Agenda Item No. 13-162) (Ken Jarrard, City Attorney) 8) PUBLIC HEARING (None) 9) ZONING AGENDA (None) MILTON CITY COUNCIL REGULAR COUNCIL MEETING JULY 1, 2013 Page 3 of 3 Persons needing special accommodations in order to participate in any City meeting should call 678-242-2500. 10) UNFINISHED BUSINESS 1. 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) (First Presentation at the June 17, 2013 Regular Council Meeting) (Kathleen Field, Community Development Director) 11) NEW BUSINESS 1. Ratification of Modifications to the Milton Strategic Plan 2012-2015 Clarifying Key Stakeholders. (Agenda Item No. 13-163) (Chris Lagerbloom, City Manager) 12) MAYOR AND COUNCIL REPORTS 13) STAFF REPORTS 1. Council Update on EMS Transport. (Chris Lagerbloom, City Manager) 14) EXECUTIVE SESSION (if needed) 15) ADJOURNMENT (Agenda Item No. 13-164) The minutes will be Provided electronically Ro HOME OF 'THE BEST QUALITY OF LIFE IN GEORGIA' MILTON, - TO: City Council ESTABLISHED 2606 CITY COUNCIL AGENDA ITEM DATE: June 21, 2013 FROM: City Manager AGENDA ITEM: Approval of a Construction Services Agreement Between the City of Milton and Tri Scapes, Inc. for Darby Road Culvert Replacement_ MEETING DATE: Monday, July 1, 2013 Regular City Council Meeting. BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (APPROVED CITY A TTORNEY APPRO VAL REQUIRED: IYES CITY ATTORNEY REVIEW REQUIRED: 0 YFS APPROVAL B Y CITY A TTORNEY ( APPROVED PLACED ON AGENDA FOR: 0,70( is REMARKS O NOT APPROVED () NO () NO () NOT APPROVED ® YouEM` *** re n * Certified * 1aj SOD PHONE: 678.242.25001 FAX: 678.242.2499 �,� C;tv„r infoftityofmiltongams I www.cityofmiltonga.us cO,mmuril y 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 1A` To: Honorable Mayor and City Council Members From: Carter Lucas, Public Works Director Date: Submitted on June 24, 2013 for the July 1, 2013 Regular Council Meeting Agenda Item: Approval of a Construction Services Agreement between the City of Milton and Tri Scapes, Inc. for Darby Road Culvert Replacement. ____________________________________________________________________________ Department Recommendation: Approval. Executive Summary: This project generally consists of the removal of the existing headwalls and metal pipe culvert on Darby Road and replacement with a new 48” concrete pipe culvert, new stone headwalls and associated erosion and sediment control and roadwork. The existing culvert, headwalls and roadway shoulders at this location have partially failed requiring the emergency closure of the road due to safety concerns. Failure to perform these repairs at this time would require permanent closing of the road to vehicular traffic. In accordance with the city procurement procedures 3 written bids were solicited to secure a qualified contractor to complete this project. Tri Scapes, Inc. was determined to be the lowest reliable bidder. Staff is recommending approval of a Construction Services Agreement with Tri Scapes, Inc. in the amount of $19, 425.00. Table 1. Bid Summary Firm Bid Tri Scapes, Inc. $19,425 Strickland Pipeline/Construction $26, 500 Blount Construction, Inc. $47,903 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 1-51..,8 U"IIWlOOI. CONSTRUCTION SERVICES AGREEMENT FOR Darby Road Culvert Replacement This Agreement (the -Agreement ") to provide a cu lvert and head wall rep lacement on Darb y Road is made and entered into this _ day of -,2013, by and between the CITY OF MILTON, a municipal corporation of the State of Georgia, acting by an d through its governing authority, the Milton City Counci l (hereinafter referred to as the -City "), Tri Scapes, Inc ., a Georgia corporation with its pri ncipal place of business located at 380 Mullinax Ro ad, Alpharetta , Georgia 30004 (hereinafter re ferred to as the -Contractor"). WIT N E SSE T H: WHEREAS, the City has requested bids for an emergency repair for a stonn drainage failure; and WHEREAS, based upon Contractor's bid to perfonn the emergency repairs as required by the bid documents, th e Ci ty has selected Contractor as the winning bidder, and WHEREAS , Contractor has agreed to perfonn such work as set forth in this Agreement, according to the tenns and conditions provided in this Agreement; and WHEREAS , Contractor has fami li arized it self with the nature and extent of the Contract Documents, the Project, and the Work, with all local conditions and federal , state an d !ocallaws, ordinances, rul es and regulat ions in any manner that ma y affect cost, progress o r perfonnance of work, and Contractor is aware that he must be li censed to do business in the State of Georgia. NOW THEREFORE , the City and Contractor, in consideration of the mutual promi ses contained herein and other good and valuable consideration, the sufficiency of w hich is hereby acknowledged , agree as follows: Section 1 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 (5 Pages), attac hed hereto as Exhibit -A n; C. Bid from Contractor dated June 12 ,20 13 (I Pages), attached hereto as Exhibit -an; D. Perfonnance and Other Bonds, attached hereto collectively as Exhibit -C n; E. No n-collu sion Affidavit of Prime Proposer, attached hereto as Exhibit -0", F. Contractor Affidavit and Agreement , attached hereto as Exhibit "-E "; G. Subcontract or Affidavit, attached hereto as Exhibit rIO; H. Save Affidavit , attached hereto as Exhibit -G n; I. Plans and specification s, attached hereto co ll ec ti vely as Exhibit tI ". J. Final A ffidavit, attached hereto as Exhibit J ", K. The follo wing which may be delivered or issued after the Effective Date of the Agreement and are not attached here to: All Written Amendments and other documents amending, modifying, or su pplementing the Contract Documents if properly adop ted in writing and executed by the Parti es; 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 detennined by the City in it s so le di scretion , sha ll govern . Section 2 Project Description The scope of this project generally consists of the removal of the existing headwall and culvert and replacement with a 48" RCP , headwa ll and assoc iated erosion and sedimen t contro l and roadwork . Section 3 The Work The Work is s pecified and indicated in the Contract Documents (the -Work"). In the event of any di screpancy among the Contract Documents, the provisi on operating most to the benefit of the City. as detennined by the City in its so le di scretion , shall govern. The Work previousl y described includes all material , labor, in suran ce, tools, equipment, and any other miscellaneous item s necessary to complete the Work as described. Contractor s hall complete the Work in strict accordance with the Co ntract Document s. Section 4 Contract Time This Contract shall take effect on _____ . Contractor agrees to complete the 2 Project within 15 calendar days from the d ate of Notice to Proceed. Every effort w ill be mad e by Con tractor to sho rt en thi s period. Section 5 A. B. c. D. Contractor's Compensation; Time and Method of Payment The total amoun t paid under this Agreement shall not, in any case, exceed $19 ,425 , except as outlined in Section 6 below. City agrees to pay the Contractor fo r the work upon certification by the City that the Work was actual1y p erfonned and costs actually incurred in accordance with the Agreement. This amo unt shall include all use,lease, or other ta xes, and all expenses for personnel and eq uipment (includ ing fuel) that Co ntr acto r will incur to provide the Work. Unless otherwise agreed in writing signed by both Parties, the compensation payable by the City to Con tracto r is limited to the price amount set forth in the Propo sal Submittal Fonn. and City will not pay any other sum attributable to taxes, costs or expenses that Contractor may incur in pro vi ding the Work. Compen sat io n for Work perfonned s hall be paid to the Co ntractor upon receipt and approval by th e City of invoices setting forth in detail the Work perfonned. Invoices shall be subm itted on a monthly basis, and such invoices shall reflect charges incurred versus charges budgeted. Each invoice shall be accompanied b y an Interim Waiver and Release upon Payment (or a Waiver and Release upon Final Paymen t in the case of the invoice for final payment) procured by the Contracto r from all subcontractors in accordance with O.C.G.A. § 44-14-366. As long as the gross value of the completed wo rk is le ss than 50% of the total contract amount and/or when satisfactory progress has not been achieved by the Contracto r during any period for which payment is to be made, the City may retain a percentage of sai d payment , not to exceed ten percent (10%) of the maximum Con tract Price to ensure perfonnance of the Agreement. Said cause and progress shall be detennined by the Ci ty, in its sole discretion, based on its assess ment of any past perfonnance of the Contra ctor and likelihood that such perfonnance wi ll continue. Upon completion of all contract requirements, retained amounts shall be paid promptly less any offsets or deductions authorized hereunder or by law. Any material deviation s in tests or in spections perfonned, times or locations required to complete such tests or in spection s and like deviations from the Work described in this Agreement shal l be clearly communicated to the C ity before charges are in curred and shall be handled through change orders or construction change directives as described in Section 6 below. All invoices s hould be submitted to Rick Pearce (Budget and Procurement Coordinator), for approval. The City shall pay the Contracto r within thirty (30) da ys after approval of the invoice by the Cit y. No paymen ts will be m ade for unauthorized work. Payment will be sent to the designated address by u.S. Mail only; payment will not be hand-delivered. 3 E. Section 6 A. B. c. Section 7 A. The City may w ithhold payment or final payment for reasons induding, but not limited to , the following: unsatisfactory job perfonnance or progress, d efecti ve work , disputed work, failure to comply with material provisions of the Agreement, third party claims filed or reasonable evidence that a claim w ill be filed or other reasonable cause. Work Changes The Ci t y reserves the right to order changes in the Work to be perfonned under th is Agreeme nt by a ltering, a dding to , or deducting from th e Work. A ll s uch changes shall be incorporated in written change orders executed by the Contractor and the C ity. S uch 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 tenns for perfonning the changed work w ithin a rea sonable time to avoid delay o r other unfavorable impacts as determined by the C ity in its sole discretion, th e City shall have the right to determine re asonabl e terms and the Contractor shall proceed with the changed work. Any work added to the scope of this Agreement by a change order shall be executed under all the applicable conditions of thi s Agreement. No claim for ad di tional compensation or ex tension of time shall be recognized, unless cont a ined in a written change order duly executed o n behalf of the City and the Cont ractor. The C ity Manager has authority to execute without further action of the M ilton Ci ty Coun ci l, 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 thi s Agreement. Any such change orders m ateriall y altering the tenns of thi s Agreement or increasing the to tal amount to be paid under thi s Agreement in excess of $ 10,000, must be approved by reso lution of the M ilton City Council. Covenants of Contractor. Ethics Code Contractor agrees that it shall not engage in any activity or conduct that would be in violation of the C ity of M ilto n 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. Ex pertise of Co ntractor Contracto r accepts the relat io nship of trust and confidence established between it an d th e City, re cognizing that th e Cit y's intention and purpose in entering into thi s Agreement is to engage an entity with th e requisite cap acity, experience, and profess ional sk ill and judgment to provide the serv ices in pursu it of the t imel y and competent completion o f the Work undertaken b y Co ntractor under th is Agreement. D. Budgetary Limitati o ns Contracto r agrees and acknowledges that bud getary limitations are not a j ustification for breach of s ound principal s of Contractor's profession and industry . C ontractor shall take no calculated ri sk in the perfonnance of the Work. Specifically, Co ntractor agrees that , in th e e vent it cannot perfonn the Work within th e bu dgetary limitation s established without di sr egardin g sou nd principals of Co ntractor 's profes sion and indu stry , Co ntractor will give written noti c e immed iate ly to the City. E. Ci t y'S Reliance on the Work The Co ntract or ackno w ledges and agrees that the C ity does not undertake to approve or pass upon matters of expertise of the Contractor and that ; therefo re, the City bears no res pon s ibilit y for Co ntr ac tor 's services perfonned under thi s Agreement. The Contrac tor acknowledges and agrees that the acceptance of Work b y the City is li mited to the functi o n of det e nnining w hether there has been comp li ance with w hat is required to be produ ce d under thi s Agreement. The City will not, an d need not, inquire into adequacy, fitne ss, suitabilit y or co rrectn ess of Contract o r 's perfonnanc e. Contractor further agrees that no approval of designs , plans, specifications, or work by an y person, body or agency shall relie ve Contrac tor of the re s ponsibility for adequa cy, fitn ess, suitability. and correctness of Contractor's professio nal and indu stry s tandard s or for perfonning services under thi s Agreement in accordance w ith so und and accep ted professi onal and indu stry prin ci pal s. F. Contracto r's Re liance of Submissions b y the City Co ntractor must have timel y infonnation and input from the City in order to perfo nn the services required under this Agreement. Co ntractor is ent itl ed to rely upon illfonll 3tioll provided by the C i ty, but Cuntractur shall bt: rt:quired to prov ide immed iate written notice to the Ci ty if Contractor kno ws or reaso nably should know that any infonnati on provided by th e Cit y is erroneous, inconsistent, or otherwi se problematic. 5 G. Contractor's Representative s hall be authorized to act on -;;-'-'-'''f'''''-'-;-';'-'CT.01f!-w-'I''·th;-re-s-p-e-ct:-t:-o-'t:;-h-e-'W'-;-o-;rk as Contractor's designated representati ve. H. Assignment of Agreement The Contractor covenants and agrees not to assign or transfer any interest in , nor delegate any d uties of this Agreement, without the prior express written consent of the Cit y. I. Responsibility of Co ntractor and Indemnification of C ity The Contractor covenant s and agrees to take and ass ume all responsibility for the services rendered in connection with this Agreement. The Contractor s hall bear all losses and damages directly or indirectl y resulting to it on account of the perfonnance or character of the services rendered pursuant to this Agreement. Contrac tor shall defend, indemnify and hold hannless the City, its officers, boards, commissions, elected and appointed officials, employees and agents fro m and against any and all claims, sui ts , actions, liabil ity, judgments, damages, losses, and expenses, including but not limited to , attorney's fees, wh ich may be the result of wi llful , negligent or tortuous conduct arising out of the Work, perfonnance of contracted services, or operations by th e Contractor, any subcon tracto r, anyone directly or indirectly employed by the Contractor or subcontractor or anyone for whose acts the Contractor or su bcontractor 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 ob li gation of indemnity which would otherwise ex ist as to any party or person desc ribed in this provision. In any and a ll claims against the Ci ty or any of its agents or employees , by any employee of the Contracto r, any subcontractor, anyone directly or ind irectly employed by the Contracto r or su bcontractor or anyone for who se acts the Co ntracto r or s ub con tractor may be li able, the indemnificati o n ob li gation set forth in thi s provision shall not be limited in any way by any limitation on the amount or type of damages, co mpen sation or benefits payable by or for the Contractor or any subcon tractor under workers ' or workmen's compensation acts, disability benefit acts or other employee benefit acts . This obligation to indemn ify and defend the City, its members, officers, agen ts, employees and vol unteers shall survive tennination o f this Agreement. Contractor shall not be required to indemnify the City or it s officers , boards, commissions, elected or appo int ed officials, employees or agents against liability or claims for damages , losses, or expenses, 6 including attorney fees , arising out of bodily injury to persons, death, or damage to property caused by o r res ulting from the so le negligence of the City or its officers, boards, commissions, e lected or appointed offic ials, emplo yees or agents. J. Independent Co ntractor Contractor hereby covenants and declares that it is engaged in an independent business and agrees to perfonn the services as an independent contractor and not as th e agent or employee of the C ity. The Contractor agrees to be solely respo ns ibl e for it s own matters r e lat in g to the time and place the services are perfonned; the ins trumentalities, tools, supplies and/or material s necessary to complete the services; hiring of Contractors, agents or employees to complete the services; and the payment of emplo yees , includin g compli ance w ith Social Security, withho ld ing and a ll other regulation s governing s uch matters. The C ontractor agrees to be solely responsible for its own acts and those of its s ubo rdinates, employees, and subcontractors during the life of this Agreement. Any provision s of this Agreement that may appear to g ive the City the right to direct Contractor as to the detai ls of the services to be performed by Contractor or to exerci s e a measure of control over s uch services will be deemed to m ean that Contractor shall follow the direction s of the City with regard to the results of such services only. The Co ntract or shall obtain and maintain, at the Contractor's expense, all pennits, licen ses, or appro vals that may be neces sary for the perfonnance of the services. The Contractor shall furnish copies of all s uch pennits, licenses, or approval s to the City of Milton Representative within te n (10) days after issuance. Inasmuch as the City of Milton and the Contractor are contr actors independent of one another neither has the authori ty to bind the other to any third person or otherwise to act in any way as the representa t ive of the other, unless o therwi s e expressly agreed to in writing signed by both parties hereto. The Contractor agrees not to repres ent itself as the C ity 's agent for any purpose to any party or to allow an y 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 s hall assume full1iability for any contracts or agreements the Contract enters into on behalf of th e City of Milton without the express know ledge and prior written consent of the City. K. Insurance (I) Requirements: The Contractor sha ll h ave and maintain in full force and effect for the duration of th is Agreement , insurance insuring against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Work by the Contractor, its agents , representati ves, employees or subcontractors. A ll policies shall be subject to approval by the C ity Attorney to fonn and 7 content. These requirements are s ubj ect to amendment or waiver if so appro ved in wri ting by the C ity Manager. (2) Mini mu m Li mi ts of In surance: Con tractor s h a ll m aintain limits no less than: (a) Comprehensive General Liability of $1 ,000,000 co mbined s in g le limi t per occ urrence for b odil y and personal injury. sickness, di sease o r death , injury to or d estru ction of property, including loss of use res ult ing th ere from. (b) Com prehens iv e Aut omobi le Liabi li ty (owned, non -owned, hired) of$I,OOO ,OOO combined s ingle lim it per occurrence for bod il y and perso nal injury, s ickness, d isease or death , inj ury to or d estructi on of p ro pert y, including lo ss of u se resulting there from. (c) Profess io nal Liabi li ty of $1,000,000 limit for claims a ri s ing out of professional services cau sed by the Contracto r 's errors, o mis s io ns, or n egligen t ac ts. (d ) Workers' Compensati o n limit s as required b y the S tate of Georgia and employers Liabi li ty limits o f $1 ,000,000 per acc ident. (3) Deductibl es and Self-Insured Retentions: Any deductib les o r se lf-in su red retentio ns must be declared to and approved b y the C ity. (4) Other Insurance Provisions: The policy is to co n tain , or be endorsed to conta in, the fo ll owi ng prov isio ns: (a) General Liability and Automobile Liability Coverage. (i) The C it y, its offic ials, em plo yees, agents and volunteers are to b e covered as insured as respects: liability arising out of acti v ities perfonned by o r on behal f of the Contractor; prod uc t s an d comp leted operations of th e Contractor ; premises owned, leased , or used by the Co ntractor; au tomobiles owned , leased , h ired, or borrowed by th e Contractor. The coverage shall conta in no special limitations on the scope of protection afforded to the C ity, its offici a ls, employees, agenL s or vo l unleers. (ii ) Th e Co ntrac to r's insurance coverage s hall be p rim a r y non contributi ng in suran ce as respects to any o ther in s urance o r self-ins urance avai lab le to the C ity. its officials, employees, agents o r vo lunt eers. Any ins uran ce or se lf-insurance maintain ed by th e Ci ty, its officials, 8 employees or volunteers shall be excess of th e Contractor's insurance and sha ll not contribute with it. (iii) Any failure to comply wi th reporting provisions of the policies shall not affect coverage provided to the City. its officials, employees, age nt s or vol unteers .. (iv) Coverage s hall state th at the Contracto r 's in s urance sh a ll apply separately to each in s ured against whom claim is made or suit is brought, except with respect to the limits of the insurer's li ab ility. (v) Coverage s hall be provided on a -pay on behalf" basis, w ith defense costs payable in addition to policy limit s. There shall be no cross liabilit y exclusion. (vi) The in surer agrees to waive all rights of subrogat ion against the City, its officials, employees, agents and vo lun teers for losses arising from work perfonned by the Contractor for the C ity. (vii) A ll endorsements to polici es shall be executed by an authorized representative of the insurer. (b) Workers' Compensation Coverage: The in surer wi ll agree to waive all rights of s ubrogation against the Cit y, its officials, employees, agents and vo luntee rs for losses arising from work perfonned by the Contractor for the C ity . (cJ All Coverages: (1) Each insuran ce pol icy required by thi s clause s hall be endorsed to state that coverage sh all not be suspended , voi ded, canceled , reduced in coverage or in limit s except after thirty (30) days prior wri tt en notice by certified mail, return receipt requested , has been given to th e C it y . (i i) Policies shall have concurrent starti ng and ending dates. (iii) Policies shall include an endorsement incorporating lhe Indemnification obligations assumed by the Contractor under the tenns of this Agreement, including but not limited t o Section 7(1) of this Agreement. (iv) Poli c ies shall include an endorsement in corporating the Indemnification obligations assumed by the Contractor 9 under the tenns of this Agreement, including but not limited to Section 7(1) of this Agreement. (5) Acceptability of In surers: In surance is to be placed with insurers with an A.M. Bests' rating of no less than A: VII. (6) Verification of Coverage: Co ntractor s hall furni s h the Ci ty wi th certificates of in s urance an d endorsements to the policies evidencing coverage required by thi s clause prior to the start of work. The certificates of insuran ce and endorsements for each in s uran c e polic y are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certific ate of insurance and endorsements sha ll be on a fonn utili zed by Contrac tor 's in su rer in its nonnal course of busi ne ss and shall be received and approved b y the City prior to execution of this Agreement by the City. The C ity reserves the right to require complete, certified copies of all required in surance policies, at an y time. The Contractor shall pro vide proo f that any expiring coverage has been renewed or replaced at leas t two (2) weeks prior to the expiration of the coverage. (7) Subcontractors: Contractor s hall include all s ubcontractors as in s ured under its policies or s hall furnish separate certificates and endorsements for each subcontractor. All coverage for subcontractors shall be su bject to all of the requirements stated in this Agreement, including but not limited to naming the parti es as additional insured. (8) C laim s-Made Policies: Contractor shall extend any claims-made in surance po licy for at least six (6) years after tennination or final payment under the Agreement , whichever is later. (9) City as Additional Insured and Loss Payee: The City s h all be named as an additional insured and lo ss payee on all policies required b y this Agreement. L. Employment of Unauthorized Aliens Prohibited (1) E-Verify Affidavits It is the policy o f the City of Milton that unauthori zed aliens shall not be employed to perfonn work on City contracts involving the physical perfonnance of services. Therefore, the City shall not enter into a contract for the physical perfonnance of services within the State of Georgia, unless the Contractor shall provide evidence on City-provided fonns, attached hereto as Exhibits '""E nand r" that it and Contractor's subcontractors have within the previous twelve (12) month period conducted a verification of the social security numbers of all employees who will perform work on the City contract to ensure that no 10 unauthorized aliens will be employed. The City Manager or hislher designee shall be authorized to conduct an inspection of the Contractor's and Contractor's subcontracto rs' verification process to detennine that the verification was correct and complete. The Contractor and Contractor's subcontractors s hall retain all document s and records of its ve rification process for a period of three (3) years following completion of the contract. This requirement shall apply to all contracts for th e physical perfonnance of services whe re more than three (3) persons are employed on the City contract. The City Man ager or hi s/her designee shall further be authorized to conduct periodic insp ec tions to ensure that no Cit y Contra ctor or Contractor 's s ubcontracto rs employ unauthorized aliens on City contracts . By entering into a contract with the C ity, the Contractor and Contractor's subcontractors agree to cooperate with an y such in vestigation by making its records and pers onnel available upon reasonable notice for inspection and questioning. Where a Contractor or Contractor's s ubcontractors are found to have emplo y ed an unauthori zed alien , the City Manager or hislher designee may order the Contractor to tenninate or require it s s ubcontractor to tenninate that person '8 employment immediately and to report s ame to the Department of Homeland Security. The Contractor's failure to terminate th e employee, or otherwise cooperate with the inves tigation ma y be sanctioned by tennination of the contract, and the Contractor s hall be liable for all damages a nd delays occasioned by the City thereby. Compliance with the requirements of O .C .G.A. § 13-10-91 and Rule 300-10-1-.02 is mandatory. Contractor agrees that , in the event the C ontractor employs or contracts with any s ubcontractor(s) in connection with this Agreement, the Contractor will secure from the s ubcontractor(s) s uch subcontractor(s ') indication of the above employee-number category that is applicable to the subcontractor. C ontractor 's compliance with the requirements of O.C.O.A. § 13-10-91 and Rule 300-10-1-.02 s hall be attested by th e execution of the contractor's affidavit attached as Exhibit ~. II The above re quirements shall be in addition to the requirements of State and federal law, and shall be construed to be in confonnity with those laws. (2) SAVE Affidavit and Secure Verifiable Document Pursuant to O.C .G.A. § 50-3 6-1 , the City mu st obtain a SAVE Affidavit and a s ecure 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 \I criminal penalty of false swearing pu rsuant to O.C.G.A. § 16-10-71 ), a fonn of which is attached hereto as Exhibit -G il , and submitted such affidavit to the City in person . electronically. or by mail. Further, Co ntrac tor verifies that it has , prior to execut ing th is Agreement , submitted a secure and verifiab le document, evidencing the Contractor's le gal status, to the City either in person or electronically (in compliance with the Unifonn Electronic Transactions Act). Contractor verifies that it is in compliance w ith the Residency Statu s of an Applicant for Public Benefit, as required by the Georgia Security and Immi gration Comp lian ce Act (D.C.G.A. § 50-36-1). M. Records Reports and Audits (I) Records: (a) Records shall be estab li shed and maintained by the Contra ctor in accordance with requirements prescribed by the City with respect to a ll matters covered by thi s Agreement. Except as otherwise authorized, such reco rd s sha ll be maintained for a period of three years from the date that final payment is made under this Agreement. Furthennore, records that are th e subject of audit findings shall be retained for three years or until s uch aud it findings have been resolved, whichever is later. (b) All costs sha ll be supported by properly executed payrolls, time records , in vo ic es, cont racts, or vouchers, or other official documentation evide nc in g in proper detail the nature and propriety of the charges. All checks , payrolls, invoices , contracts, vouchers, orders or other acco unting documents pertaining in whole or in part to this Agreement shall be clearly identified and readily access ibl e. (2) Reports and Infonnation: Upon request, the Con tractor shall furnish to the City any and all statements, records, reports, d ata and in fonna tio n related to matters covered by this Agreement in the fonn requested by the City. (3) Audits and In spections: At any time during nonnal business hours and as often as th e City may deem necessary, there shall be made available to the City for examination all records with respect to a ll matters covered by this Agreement. The Contractor wi ll pennit the City to audit, examine, and make ex cerpts or transcript s from such records, and to audit all contracts, invoices, materials, payrolls, records of personnel, conditions of empl oyment and or data relating to a ll matters covered by this Agreement. N. Confl icts of Interest Contractor agrees that it shall not engage in any activity or conduct that wou ld 12 result in a violation of the City of Milton Code of Ethics. O. Confidentialit y Contractor ackno wledges that it may receive co nfiden tial informati o n of the C it y and th at it wi ll pro te ct the confidenti ality of an y such confidential information and w ill require an y of its subcon tractors, consultants , and/o r staff to lik ewise protect s uch confidential informati o n. The Co ntrac tor agrees that confident ial information it recei ves or s uch report s, inform ati on, opi ni o ns or concl usions that Con tra cto r creates u nder thi s Agreem ent shall not be m ade ava il able to, or discussed with , an y ind iv idual o r organization, includi ng the news media , w ithou t prior written appro val of the Ci ty. The Contractor s hall exercise reasonable precaut ions to prevent the unauthori zed d is clo sure and use of C ity information whether specificall y deemed con fid ential or not. P. Licenses Certifications and Permits The Contractor covenants and declares that it has o btained a ll diplomas , certificates, li censes, permi ts or the like r equired of th e Contractor by any and all nati on al , state, regional, county, local board s, a genci es , commissions, committees or other regulatory bodies in order to perform the servic es contracted for under thi s Agreement. All work performed by Co nt rac tor und e r thi s Agreement shall be in a cco rdance with applicable le gal requirements a nd sha ll meet the standard of quality ordinari ly expected of competent pro fess ionals. Q. [RESERVED] R. Authority to Co ntract The Co ntract or covenant s and declares that it has ob tained all necessary approvals of its board o f d ir ecto rs, stockho lders, general partners, lim ited partners o r si milar au thorities to simultaneously e xec ute and bind Co ntractor to th e terms of th is Agreement, ifapplicable. S. Ownership of Wo rk All reports, des ign s, drawings, plans , spec ificat ions, sc hedul es, work product and other material s prepared or in the process of being prepared for the services to be performed by the Co ntract o r (-material s IT) shall be th e prope rt y of the C i ty and the Ci ty shall be entitled to full access and copies of all such materi a ls . Any such materials rem aining in the hands of the Contractor or sub co ntra ctor upon co mpletion or te rmination of the work sha ll be delivered imm ediately to the C it y. The Contracto r assumes all risk ofloss, damage or destruc t ion of or to s uc h materials. If any materials are lo st, damaged or d estroyed before final delivery to the City, the Co ntrac tor shall replace them at its own ex pense. Any and a ll copyrightabl e s ubject matter in all materials is hereby ass igned to the Ci t y and th e 13 Contractor agrees to execute an y additional doc uments that may be necessary to evidence suc h ass ignment. T. Meetings Section 8 A. The Co ntractor is required to meet wi th th e City's perso nnel , or designated representatives, to resol ve tec hnical or contractual problem s tha t may occur during the term of the contract, at no additional cost to the C it y. Meetings w ill occur as prob lems ari se and will be coordinated b y the C it y. The Contractor will be given a mi nimum oftmee full working days notice of meeting date, time, and locat ion . F ~ce -t o-face meetings are d es ired . Ho wever, at the C ontractor's option an d expense, a conference call meeting may be s ub stituted . Consistent fai lure to participate in prob lem resolution meetin gs, two consecuti ve mi ssed o r resc heduled meetings , or to make a good faith effort to reso l ve prob lem s, may result in term inati o n of the contract. Covenants of the Citv Right of Ent rv The Cit y sha ll pro vi de for right of entry fo r Co ntra cto r and all necess ary equipment al ong the Bethany Bend Road right-of-way, in ord er for Contractor to complete the Work. B. Ci ty's Represe ntative Section 9 Jim Se eba . PE shall be authorized to act on the City's behal f with respect to the Work as the City 's design ated representative Warranty Except as may b e ot herwise s pecified or agreed , the Contractor shall repair a ll defect s in m aterials, equipm en t , or workmanship appearing within one year from the date of Final Completion of the Project at no additional cost to the City. An in s pection s hall be conducted b y the C it y or its re pr ese ntative(s) near the completion of the one-year general warranty period to identi fy any iss ue s that must be resolved b y the Co ntra ctor. Section 10 A. Termination T he Cit y ma y terminate thi s Agreement for convenience at any time upon written notice to Co ntractor. In the event of a tennination for conveni ence, Contractor sh all tak e immediate steps to tenninate wor k as quickl y and effectively as possib le and shall tenninate all co mmitments to third -parti es un less otherwise instructed by the C ity. Pro vi ded that no damages are due to the City for Contractor's fa ilure to perform in accordance with thi s Agreement, the City shall 14 B. c. D. E. Section 11 A. B. c. D. pay Contractor for work perfonned to date in accordance with Sec tion 5 herei n. The C ity shall have no further liabilit y to Con trac tor for s uch te nnination. T h e C ity may terminate th is Agreement fo r cause if Contractor breaches a n y mate rial provision of this Agreement. The City s h a ll g ive Contract or seven (7) days w ritten notice of its int e nt to tenninate the Agreement and the reasons therefo re . and . if Contracto r, or its S uret y, fail s to cure the d e fault within that p eriod, th e termination s hall take place wi th out furth er notice. The C it y shall then make alternati ve arrangements for complet ion of the Project and deduct the cost of completion fro m the unpaid Contra ct Price . The C ity will make no paym ent to the Contract or o r its Surety until a ll costs of comple tin g the Project are paid. If the unpaid balance of t h e amount due the C o ntractor, according to this agreement, exceed s the cost of fini shin g th e Project , the Contracto r or i ts Surety w ill receive the applicable funds d ue. If the costs of completin g th e Proj ect exceed th e unpaid balance, the Co ntractor or its Surety will pay the difference to the City. If the Ci ty term inates this Agreement for cause, and it is la ter detennined th at th e C ity did n ot have grounds to d o so, th e tennination will be treated as a tennination for co nvenience under the term s of this Secti o n (A) ab ove . Upon termin atio n , the Contractor shall: (I) promptl y d is co ntinue all services affected, unless the no tice directs otherwise; and (2) promptly d e li ver to the Ci ty all data, drawi ngs, reports, s ummari es, and such other informati o n an d m a teri als as ma y have been generated or used by the Contractor in performing this Agreem ent, whether completed or in process, in the fonn s pecified by the Cit y. The rights and remedies of the C ity and the Contractor provided in thi s Section are in addition to any other rights and remedi es provided under this Agreement or at law or in equity. Miscellaneous Complete Agreem ent. T hi s Agreem ent contains all of the und erstandin gs and agreements o f whatsoeve r kind a nd nature existing bet w een the parties her eto w ith respect t o the subject matter contained herein. G o vern ing Law. This Agreem ent shall be governed b y and construed under the laws o f the State of Georgia. Co un t~mart s. This Agr~~m~nt may b~ executed in an y number of counterparts, each of w hich s h all be deemed to be an o rigi nal, but a ll of w hi ch to g ether s h all co nstitute one and the same in strument. Inv alidity of Provisions. Sho uld a ny part of this Agreement for any reason be declared b y any court of competent juri sd ic tion to be inval id, such deci s io n s hall not affect the va lid ity of any rem aini ng portion, w hich remaining portio n s hall 15 con tinue in full force and effect as if this Agreement had been executed w ith the invalid port ion hereof e liminated, it being the intent ion of the parties that they would have executed the rem aining portion of thi s Agreement without including an y s uch part , parts or portio ns wh ich may for an y reason be hereafter declared invalid. E. Not ice. All notices requests, demand s and other communications hereunder s hall be in writing and shall be deemed rece ived, and shall be effective when personall y de li vered or on the third day after the postmark d ate when mai led b y certified mail , postage prepaid , return receip t reques ted or upon actual delivery when sent via nat ional o vernight commercial carrier to the parties at the addresses given below , unless a substitute add ress sha ll first be furnished to the o ther parties by written notice in accordan ce herewith: NOTICE TO CITY sha ll be sen t to : City o f Milton Attn: City Manager 13000 Deerfield Parkway, Suite 107F Milton , Georgia 30004 NOTICE TO CONTRACTOR s hall be sent to: /J uJ ~~~;P pe}~.~d<~~~n;;, ~:::~::'~~a ;~~~_ UU· (l".YMn''''J fM 30eAf i F. Sovereign Immu nity. Noth ing contained in thi s Agreement sh all be construed to be a wa iver of the City'S sovereign immuni t y o r any indi vidual 's qual ifi ed good faith o r offici al immunities. G. Force Ma jeure. Neither the C ity nor Co ntractor s hall be li able for the ir respective non -neglige nt o r no n-wi llful fai lure to perform or shall be deemed in d efault with respect to the fai lure to perform (or cure a failure to perform) any of their respective duties or obligations und er this Agreement or for any de lay in such perfonnance d ue to: (i) any cause beyond their respective reasonable control ; (ii) any ac t of God; (iii) any change in applicab le governmental ru les or regulations renderi ng the perfo rmance of any portion of this Agreement lega ll y impossible; (iv) earthq uake, fire, explosion or fl ood; (v) stri ke o r labor dispute, excluding strik es or lab or di s putes by emp loyees and/or agents of Contractor; (vi) delay o r failure to act by an y go vernmental or military autho rity ; or (vii) a n y war, ho s tility, embargo , sabo tage, civi l disturbance, rio t, in surrection or invasion. In s uch eve nt , the time for pcrfonnance shall be extended b y an amount of time equal to the period of dela y caused by such acts and all other obli gations s h all remain intact. H. Headings. All headings herein are inserted only for convenience and ease of 16 reference a nd are not to be considered in the construction or interpretation of any provision of this Agreement. L Nond iscrim ina tion. In accordance with Title V I of the C ivil Rights Act . as amended, 42 U.S.C. § 2000d , section 303 of the Age Discrimination Act o f 1975, as amended. 42 U.S.C. § 6102, sec tion 202 of the Americans with Disabilities Act of 19 90, 42 U.s.C. § 12132, and all other provisions of Federal law , the Consultant agrees that , during performance of this Agreement, Co nsultant, for itself, its assignees and successors in interest, w ill not discriminate against any employee o r app li cant for employment, any subcontractor, or any supp lier because of race, co l or, creed, natio nal origin, gender, age or disability. In addition, Consu ltant agrees to co mpl y with all applicable implementing re gulati ons and shall include th e provisions of this Section IV(R) in every subcontract for services contemplated under this Agreement. IN WITNESS WHEREOF, the parties have caused thi s Agreement to be executed under seal as of the date first above written. [SIGNATURES ON FOLLOWING PAGE] 17 SIG If S ALED AND DELIVERED In tl of: Witne ss (Corpora te Sec re taI)' sh o ul d att est) Q l!Vl ,'\ tl4ffi D SIGNED, SEALED, AND DELIVERED [n the presence of: W itness N otary Pub lic [N OTARY S EAL) My Co mm ission Exo ires: Tri3Z/;:: ~. Signatu re ]ebe"",,-" MUb o Pnnt Name Pres i cI<;IAt Ie Eo Title I [AFF IX CORPORAT E SEAL) MILTON CITY COUNCIL: Joe Lo ck wood, Mayor 18 EXHIBIT -A " REQUEST FQR BID Darby Road II Storm Drain System Improvements BIDS DUE June 12, 2012 BY 1:00 PM II General Description of Project Scope: This project includes the installa tion of a new s to rm c ross-drain pipe syste m on Darby Road includ ing new rubbl e headwalls o n both the upstrea m and downstream e nds. The scope include s the removal an d prope r d isposal o f the existi ng pipe an d headwall, in stallation of approximate ly 32 If of 48" Rep, construction o f new headwall s at both ends, associated roadside ditching, backfill , reco nstruction of gravel road bcd, and e ros ion and se di men t control . Any new pipe syste ms, headwalls, roadway fill, slopes, and road bed sha ll be re-constructed in accordance with GDOT and Milton standards. The road shal1 be re-paved (within the impacted area) with 8" GAB, 2 " b i nder, and 1-1/2 " lopping or in accordance wit h Milto n standards. Th e co ntraclor will be required LO provide a perfonnan ce and paymenl bond and a slandard COn(raCl with the City of Milton . Th e cost of providing such bonds should be included in bid price total. Th e undersigned, as bidder, decla res and rep resents that it has examined the s it e of the work and informed himselflherself full y in regard to a ll cond itions perta ining to the p la ce where the work is to be performed, including those conditions affec tin g Ihe c ost of the work and Ihe de livery, handling and storage o f materia ls and equipment. The bidder has examined and read the Bidding Document and has satisfied himseWherself that the Bidding Document is an adequate and acceptable reflectio n of th e work which is required to be performed and that the bidder is willing and able to pe rform all of th e wo rk nec essary. The bidder further certifies that no additional informatio n is requ ired to complete the wo rk encompassed by this bid within the cos t and schedule estab li shed and agreed upon wit hin thi s bidding document. Th e bidde r proposes and agrees that if this bid is accepted to contract with the Ci ty o f Mihon to pro vi de a ll construction labo r, materials, equipment , products, transportati o n, and ot her facilitie s and selV ices as necessary and/or required to execute and comp lete Ih e work in full in a cco rdance with the scope of work prov ided to the fu ll sa tisfaction of the city. THE BASE BID IS THE AMOUNT UPON WHICH THE BlDDER WILL BE FORMALLY EVALUATED AND WHICH WI L L BE USED TO DETERMINE THE LOWEST RESPONSIB L E BIDDER. The base bid may not be wilhdrawn or modified, except at th e request oflhe city, for a period of sixty (60) da ys followin!! receiot of the bids. Base Bid Amount $ (Do llar Am o un t in Numbers) (Company Name) (Signature) (Pri nted Name) 1.0 General Conditions a) Contractor respons ib le for v is it ing the si te prior to bid d ue date to verify scope. b) ConS lru ction act ivi ty within 1000 fee t on an occup ied residence will be all owed Mon.-Fri. be tw een the hours of 7:30 AM and 7:30 P M and Sal. between 8:30 AM and 5;00 PM . Constru ctio n a c tivi ty mo re than 1000 feet from a n occupied residence wi ll be allowed Mon .-Fri. be tween the ho urs of 7:00 AM and 10:00 PM an d Sa l. be tween the hours of8:30 AM a nd 6:00 P M. c) Contrac tor must no ti fy th e Ci ty of Milton (678) 242-2500, twe nty-four (24) hours prior to beg inn ing co nstructi o n. d) Buri a l of construc tion ma te ria ls is not permitted within the Cit y o f Mi lt on. All co nslruction materials and debris wi thin th e wo rk area s hall be properl y di sposed of by t he con tracto r. e) The contrac to r is responsible for any damaged property w hic h occurs as a result of this proj ect. The contractor sha ll rep la ce any damaged property at his own expense . f) Unless otherw ise sta led, the City shall provide all necess ary permits and easements associa ted wi th thi s project pri or to issuance of the Not ice to Proceed . 2.0 Materials, Equipment and Employees a) The contractor shall , unless otherwise spec ifi ed, s uppl y and pay for all labor, tran s portation , materia ls, tools, apparatus, light s, po wer, fuel , sanitary faciliti es and incidental s necessary for the completion of his wo rk , and s hall in stall , maintain and remove all equipment of th e construction, other utensils o r things , a nd be res pon s ibl e for the safe, proper and lawful con struction , maintenance and use of same, and s hall construct in the bes t and most workmanlike manner, a complete job and everything incidental thereto , as shown on the plan s, stated in the specifications , or reasonabl y impli ed there fro m, al1 in accordance with the contract do c ument s. b) All materials shall be new and o f quality specified, except where reclaimed m ateri al is authorized herein and approved for use. Workman ship s hall at all times be of a grade ac ce pted as the best practice of th e particul ar trad e involved, and as s tipulated in written standards of recogni z ed organizations o r institutes of the re specti ve trades except as exceeded or qualified by the specifi cations. c) No changes sha ll be made in the Work except upon written appro val and chan ge order of the ci ty. d) Products are generall y specified by ASTM or other referen ce sta ndard andlo r by manufacturer's name and mode l numb er or trade name. When s pecifi e d only by reference standa rd, the Contractor may select an y product meeting thi s standard, b y any manufacturer. When seve ral products or manufacturers are s pecified as being equ ally acceptable, the Co ntracto r has th e option of us ing any product and manufacturer combination listed. Ho wever, the contractor shall be aware that the cited ex amples are used only to d e note the quality s tandard of product desired and that the y do not res trict b idders to a specific bra nd , make , manufacturer or specific name; that th ey are used only to set forth and convey to bidders th e general style , typ e, character and quality of product desired; and that equivalent pro ducts will be acceptable. Substituti o n of materials, item s or equipment of equal o r equivalent design s hall be sub mitted to the architect or engineer for approval or di sapprova l; such approval or disapproval sha ll 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 vario us crafts be adjudged a nuisance to the Owner or if any workman be considered detrimental to the work, the Contractor shall o rder such parties removed immed iately from the site. f) The contractor shall designate a foreman/superintendent who s hall direct the work. 3 .0 Erosion and Sediment Control a) The co ntractor will provide sui table eros ion and sedim enl control measu res so as to prevent sediment from leaving the s ite. Maintenance of erosion and sediment control measures is required at all times. The contractor shall have certified erosi on and sedimen t control personn el o n sit e al all times. All NPOES , GSWCC and City of Millon guidel ines shou ld be fo ll owed. b) All erosion and se dimenl control work shall be perfonned in accordance with th e s tandards provided in the Geo rgi a ManuaJ for Erosion and Sedimen t Control in Georgia, la test edi tion. c) Provide double row of T ype C si ll fen ce al o ng the down slope side of all disturbed areas. All barriers shall be in plac e prior 10 any lan d di sturbing activit ie s. d) S ilt fences and hay ba le barriers shall be cleaned or replaced and maintained in functiona l conditi on un til pennanenl erosion control measures are established. All silt fences and other temporary measu res will be removed by the contractor/developer when th e s ite is stab le. e) Silt fence fabri c shall be co mpri sed of Ga. Departm ent of Transportation qua lified products Sec t ion 171 , type -C '~ for s ilt fen ce fabric. Type -A" si lt fence fabri c and construction may be allowed with prior written approvaJ from th e land development in spec tor. f) T e mp:>rary vegetation and/o r heavy mulch will be used to st abili ze areas. In no case shall a s it e be le ft bare for more than fo urteen (14 ) days . g) No clearing beyond th e limits o f di sturb an ce shown o n the approved plans shall be allowed withou t ap prov al. h) Provide malting, temp:>rary and pennanent seeding of all slope fa ces. i) Provi de a minimum of!;l inch of mulching, temp:>rary and pennanent seeding of a ll othe r dis turbed areas. 4.0 Earthwork a) The area within the typical g rading section shall be cleared of all trees, brush, stumps, lo gs , grass roots, vegetable matter, poles, stubs, rubbish , refu se dumps, sawdust piles, and all other matter resting o n or protruding through the original ground surface or appearing or bein g placed on th e area within th e typica l grading section befmt: final acceptance of work. b) All depress ions be low th e g round surface c ontaining water s hall be drained, unsuitabl e mat erial rem oved and fill e d with suitable material and co mpa cte d to the ground su rface before the em bankment proper is begun . Any area dee med jurisdict io nal under federal, s tat e or local regulations shall obta in required approvals or pennits prior to any land di stu rbing act ivit ies in those area s. c) Sub-grade preparati on shall be in acc o rdan ce with GOOT specifi cations and these regulati ons. d) If any sections of the sub-grade are composed of topsoi l, organ ic, o r other unsuitable or unstable materia l, such mate ria l shal l be removed and re pl aced with suitable materi al and then thoroughly compacted as speci fied for fi ll or stabil ized w ith sto ne o r a geo-texti le or goo-grid. e) F ill shall be placed in unifonn, horizontal layers not more tha n 8" thick (l oose measuremen t). Moisture content shall be adjuste d as necessary to compac t mat eria l to 95% maximum laborat ory dry densi ty as detennined by AASHTO method T-99. t) After the earthwork has been com pl eted. all sto nn drai nage, water, and sanitary sewer u tililies have been installed wit h in the right-of-way as ap propriate, and the bac kfill in all suc h ditches thoroughly co mpacted , the sub-grade s hall be brought to the lin es, grades, and typical roadway sec ti o n s ho wn on the plans. g) Provisio ns shall be made by the contrac tor to ensure adequate drainage and preve nt possible damage to the work area. s.o Utilities a) The contra c tor shall be re quired to coordinate and manage any and a ll uti lity locates and/or relocations within the scope of th is project. 6.0 Performance a) A ll work perfonned shall be in acco rd ance C ity of Milton Co ns tru ction Standards. The co n tractor will adh ere to all current State and Federal cons tructi on safety regu lations, incl udi ng OS HA regula ti o ns . The Contra c tor will co nfonn to MUTCD and th e State of Geo rgia Departmen t of Transportation standards for traffic co ntrol. The Co ntracto r mu st mainta in a safe work zone for the ir e mployees, pedestrians, and vehicular transportation. All work s hall be inspected an d approved by the City of M ilton Depart ment of Pu bli c Works (M DP W). 7.0 SAFETY REQUIREMENTS a) T he Contractor shall be responsible for the entire sit e and the constructi o n of the same a nd provide all the necessary protections as required b y laws o r ordinances governing s uch cond iti o ns 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 j ob, by himself, h is perso nnel or hi s s ubcontractors, and shall make good such dam ages. He sh all be responsi ble fo r and p ay for any claims again s t th e Owner arising from such dam ages. b) T he Contractor shall provide all necessary safety meas ures for the protection of all persons on the work. Contractor shall clearly mark or post signs warn ing of h azard s exi sting, an d sha ll barricade excavation s and similar hazards. He shall protect again st damage o r injury resu ltin g from falling materi al s and he shall maintain all protective devices an d sign s thro ugh ou t the progress of the wo rk . 8.0 Wetlands and Stream Buffers a) No wo rk s hall be pennitted within any designated wet land or stream buffer area w ithout pri or approva l of the City of Milton. Weiland areas and Stream buffers s hall be designated by the Ci ty o f Mi lton prior to the issuance of a notice to P roceed. 9.0 CODES, PERMITS AND INSPECTIONS a) T he Contractor shall obt ain the required permits, if required , give all n otic es, and comp ly wi th all laws, ord inances, codes, rules and re gu lations bearing on the conduct of th e work under this contract. If th e Con tractor observes that the drawings and speci fi cations are at variance therewith , he shall promptly notify the Designer in writ ing . If the Contractor perfonn s an y work knowing it to be contrary to s uch laws, ordinances, codes, rules and regulations, and without such notice to the Owner, he s hall bear all cos t arising there from. 10.0 CLEAN UP a) The Contractor shall keep the si tes and su rrounding area reasonabl y free fro m rubbi s h at all times and shall remove debri s from the sit e from time to time or when directed to do so b y the Owner. Before final inspection and ac ceptance of the project, th e Contractor shall thoroughl y clean the sites , a nd completely p rep are the project and s it e for use b y th e Owner. 11.0 Schedule a) Project shall start with in I week of date of award and be compl eted in sa tis fac to ry manner, as deemed b y MDPW , with in 3 wee ks fro m date of a ward , with fmal inspection sched uled w ithi n 3 weeks from the date of award. 12.0 Additional Scope Information a) Contractor respons ib le for utilit y coordinatio n and an y necessary re-Iocati ons. b) The Ci ty has closed the road for the dura ti on of th is project. c) Contrac tor respo n sible for structural design of rubble h eadwall s. d) Rubble headwall shall have a le vel top surface set approximately 4 feet above top o f 48 "pipe, an d shall ex tend in a perpendicular line across s tream bed approxi mat e ly 15 If o n b oth up stream a nd downstream ends o f pi pe. See Fulto n County sta nda rd d etail drawings fo r specifi cations. e) Contractor responsible for providing suitab le backfill ma teria ls, and compaction for roa dbed a nd shou lders in th e v ici nity o f the pipe. Q Contra ctor responsible for a pp ropria te e ro s ion and sediment control. g) The 32 If of 48 "rep shall be centered along ex istin g road cen te rline . h) Upon completi on of backfill the contractor shall re -establi sh gravel roadbed . The roadbed shall be re- cons tructed usi ng GAB at same width as e xistin g ro a d. i) The contractor shaH re-work roads ide ditches in the vicin it y o f the pipelheadwall so th a t runoff is directed into strea m and away from impac ting headwalls . Rip-rap may be required for stabilizati o n of ditches in this area . EXHIBIT -B" BID FROM CONTRACTOR Darby Road Storm Drain System Improvements I BIDS DUE June 12, 2012 BY 1:00 PM ! General Description of Proj ect Scope: This project includes the insta llation of a new storm cross-drain pipe system on Darby Road induding new rubbl e headwalls on both the upstream and dow nstream ends . The scope includes the re moyal and Pfoper disposal of the e:w;isting pipe and headwall. ins ta llation of approxlmately 32 If of 48" Rep. construction of new headwalls at both ends. associated roadsid e ditching, backf~l. reconstruction of gravel ro ad bed. and erosion and sediment con trol Any new pipe systems, headwalls, roadway fi ll , slopeS, and road bed shall be re-construcled in accordance wi th GOOT and Milton standards. The road sha ll be fe-paved (with in the impacted area) with 8"GAB, 2"binder, and 1- 1I2"topping or in accordance with Mil ton standards. The contractor wiN be required to provide a performance and payment bond and a standard contract with the City of Millon. The cost 01 providing wen bonds should be included in bid price total. The undersigned , as bidoef, dedams and represents that it has examined the site of the work and infOfmed himselflherself full y in regard to all conditions pertaining 10 the pl ace where the work is to be perlonned . including those conditions affecting the cost of the WQfk and the delivery, handling and storage of mat erials and equipment. The bidder has examined and re acl the Bidding Document and has satisfied himselflherself that the B idding Document is an aclequale and acceptable reflection of the worlt which is required to be perfonned and that the bidder is wiliing and a ble to perform all of the work necessal)'. The bidder further certifIeS that no add it iooal in fOfma tion is required 10 comple te the WQfk encomp assed by this bid within the cost and schedule established and agreed upon within this bidd ing document. The bidder pmposes and agrees tha t if this bid is accepted to contract with the Cit y of Milton to provide ali constructlon labor. materials, equ ipm en t. products, tr ansportation, a nd other fa cil ities and serviCes as necessary andlor requ ired to execute and complete the work in full in accordance with the scope of WQfk provided to the luli satisfaction of the ci ty. THE BASE BID IS THE AMOUNT UPON W HICH T HE BIDDER WILL BE FORMALLY EVALUATED AND WHICH Will BE USED TO DETERM INE THE LOWEST RESPONSIBLE BIOOER. The base bid may not be withd ra wn or modified , except at the request of the city, (Of a period of sixty (60) days fo llowing receipt of the bid s . EXHIBIT -C" BONDS PAYMENT BOND #5000750 CITY OF MILTON, GEORGIA KNOW ALL MEN BY THESE PRESENTS THAT Tri Scapes, Inc. (as CONTRACTOR, hereinafter re ferred to as the "Principal "), and _________ _ FCC I Insurance Company ______________ (as SURETY COMPANY , hereinafter referred to as the "CON T RACTOR 'S SURETY"), ar e he ld and finnly bound u nto the City of Milto n, Georgia (as OWNE R , hereinafter referred to as the "City"), for the u se and be nefit of an y "Claimant ," as hereinafter defined , in the sum of nineteen thousand four h u n d r ed twenty fi ve dollars and no ce nts ($19,425.00), lawful mo ney of the United States of Ame r ica , for the pa yment of which the Pr inc ipal and the Contractor's Suret y bind themselves, their he i rs , executors, administrat or s, successors a nd ass igns, jointl y and seve ra ll y, firmly by these presents. WHEREAS, t he Princi pa l has entered, or is about to enter, into a certain w r itten agreement w ith the Ci ty, dated _______ , which is incorporated herein by reference in it s entirety (hereinafte r referred to as the "CONTRACT"), for the construction of a project known as Darby Road Culvert Replacement (hereinafter refe rred to as "the PROJECT "). NOW THEREFORE, the conditio n of this obligat ion is such that if the P rin c ipal shall promptly make payment to any Claimant, as here inafter defined, for a ll labor, serv ices and materials used or reasonab ly requ ired fo r use in the perfonnance of t he Contract, t hen this obl igation shall be void; otherwise to remain in fu ll fo rce an d effect. A "Claimant" shall be defined herein as a ny S u bcontractor, person, Party, partnershi p, corporation or other e ntity furn ishing labor, services or ma terials us ed or reasonably req ui r ed for use in the pe rfo nnance of the Contract , without regard to wh ether s uch labor, services o r materials were sold , leased or rented , and without regard to whether such C laimant is or is n ot in privity of the Contract with the Princ i pal or any Subcontractor performing Work on t he Proj ect. In the event of any claim made b y the Cla imant aga ins t th e City, or the fi lin g of a Lien against the property of the Ci ty affected by the Contract, the Contractor's Surety sh all eith e r ~ett l e o r res olve the Claim and shall remove any such Lien b y bond o r otherwise as pro v ided in the Contract. Th e Parties further ex press ly agr ee that any action on th is B ond ma y be brought wi th in the time allowed by Georg ia law for suit o n contracts under seal. IN WITNESS W HEREOF, the Principal and Contractor's Sure ty have hereunto affixed their corporate seals and caused this obligation to be signed by their duly aut horized office r s o n this __ dayof ___________ ,2013. Tri Scapes, Inc. B y: Title:---'~--'~.=.e"'_51"'d'_'e_"'\-'-t-_____ (SEAL ) (S ignatures Continued on Next Page) T itle: gec ''''TIt'j D ate: ______ _ (Name of Contractor's Surety) Title: A tt orney In Fact (SEAL) D ate: ______ _ (ATTAC H SURETY'S POWER OF ATTaR EY) PERFORMANCE BOND #5000750 CITY OF MILTON, GEORG I A KNOW ALL MEN BY THESE PRESENTS THAT Tri Scapes, I n c. (as CONTRACTOR, hereinafter referre d to as the "Pr incipal"), a nd FeC I Insurance Compan Y (as SURETY CO MPA NY, herei nafter referred to as the "CONTRACTOR'S SURETY"), are held and firm ly bound unto the Ci ty of Mi lt on, Georgia (as OWNER, hereina ft er refe rred to as the "City "), for the use and b ene fi t of any "Claimant," as hereinafter defined, in the sum of nineteen th ousand four hundred twenty fi ve dolla rs and no cent s ($19,425.00), lawful money of the United S tates of America, for the paymen t o f which the Princ ipal an d th e Con t ractor's Surety bind them se lves, their heirs , ex ecutors, admi nistra tors, succ ess ors and assign s, j o intly and severa lly, finnl y by the se presents. W H EREAS, the Pr inci pal has entered, or is about to e nter, in to a certain written agreement with the C ity , dated the __ of _______ , 2013 which is incorporated herein by referen ce in its en tirety (hereinafter referred to as the "CONTRACT'), for the construction ofa project known as Darby Road Culvert Replacement , (hereinafter referred to as "the P RO JECT'). I. NOW THEREFORE, the co nd it ions o f th is ob li ga ti on are as follows: That if the P ri nc ipa l sha ll fu ll y and com p letely perfo rm each an d all o f the terms, provisions and requi rements of the Contract, incl uding and d uring th e period of any warranties o r guaran tees required there un der, a nd al l mod ifications, amend ments, ch anges , de letions, add itions, and alteratio ns the reto th at may hereafter be ma d e, and if the Principal and the Con tracto r's Surety sha ll 2. indemnify and hold hannless the City from any and a ll los ses, li ab ility and damages, claims, judgments, lien s, costs an d fees o f every d escri ptio n , including but not limi ted to, any damages for delay, which the City may incur, sustai n o r suffer by reason of the fa ilure or default on th e part of the P r incipal in t he per formance of any and all of the tenus, pro visions and requirements of the Contract, in cl uding all modific atio ns, amendments, cha nge s, deletions, additions, and alteratio ns thereto and any warrantie s or guarantees required thereunder, the n this obligation sha ll be void; otherwise to remain in fu ll force and effect; In the event o f a failure of perfonnance of the Contract by the Princ i pal, w hich sha ll include, bu t n ot be lim ited to, any breach of default of the Contract: a. The Contractor's Suret y shall commence performance of its obligation s and undertaki ngs under this Bond no later than thirty (30) days after written notice from the City to t he Contractor's Surety; an d b. The means, method or procedure by whic h the Cont ractor's Surety undertakes to perform its obl igations under th is Bond sha l l be s u bject to the advance written approval o f the C ity. The Contrac tor 's Surety he re by waives notice of any and all modifications, omissions, addition s, c hanges and advance payments or deferred payments in or abou t the Contract, and agree s that the o bligati ons unde rt aken by this Bond s hall not be im paired i n any manner by reason of any such modification s, omissions, additions, changes, and advance payments or de ferred payments. The Pa rt ie s further expressly agree that any action o n t his Bond may be brought w ithin th e t ime a ll owed by Georgia law for su it on contracts under seal. IN WITNESS W HEREOF, the principa l and Contractor's Surety have hereunto affixed thei r corporate se als and caused this obliga tion to be signed by their duly authorized officers or attorn eys -in-faet, th is __ day of ________ " 20 13. B y::~~~~~~~~~_ Title: ~(es:cl4 r-(SEAL) Dale : ______ _ (Name of Contractor's Surety) Title: A ttorney In Fact (S EA L) Date: ______ _ (ATTACH SURETY'S POWER OF ATTORNEY) 10-005960 F FCCL,1101-ill PROTECTING isustNrss. PR0I'H1VrYANu t'E( l'LE GENERAL POWER OF ATTORNEY I Know all men by these presents: That the FCC] Insurance Company, a Corporation organized and existing under the laws of the State of Florida (the "Corporation") does make, constitute and appoint: Kathy Embrey; Angie Ferguson', Karen Sue Haworth', Fred Mitchell ffEach, its true and lawful Attorney -in -Fact, to make, execute, seal and deliver, for and on its behalf as surety, and pas its act and deed in all bonds and undertakings provided that no bond or undertaking or contract of suretyship executed under this authority shall exceed the sum of (not to exceed $2,500,000): $2,500,000.00 This Power of Attorney is made and executed by authority of a Resolution adopted by the Board of Directors. That resolution also authorized any further action by the officers of the Company necessary to effect such transaction. In witness whereof, the FCCI Insurance Company has caused thesepresen s to be signed by its duly authorized officers and its corporate Seal to be hereunto affixed, this 22"° day of September 2011 . Attest: -- � •5?AhiC C0 .• „-- . '� : 'C� ark ••.?rfl•. - Crai hn n, President �: r�. v : Tho s A. Koval Esq., SVP, Ge ounsel FcClYnsurance Company SEAL = and Corporate Secretary 1994 FCC! Insurance Company Al State of Florida ..,,... County of Sarasota Before me this day personally appeared Craig Johnson, who is personally known to me and who executed the t�. foregoing document for the purposes expressed therein. .9 x la,A>rE CUIaMAH e Nay pU�. State 0fFlmidaMY commission expires. 9i25l2016 My C—, Ex*.. S"L 25, 2016 No. EE 21W92 Notary Public State of Florida County of Sarasota Before me this day personally appeared Thomas A. Koval Esq., who is personally known to me and who executed the foregoing document for the purposes expressed therein. A LENE CUEMAN M commission expires: 9/25/2016 Notary PL"C. state of Rworia Y p C—, My iso- ESE 2i 092 25. 2016 Notary Public CERTIFICATE I, the undersigned Secretary of FCCI Insurance Company, a Florida Corporation, DO HEREBY CERTIFY that the foregoing Power of Attorney remains in full force and has not been revoked; and furthermore that the February 24, 2011 e Resolution of the Board of Directors, referenced in said Power of Attorney, is now In force. Dated this day of I'zi .a rj w.... ;.. e En, l Tho A. oval Esq., Cor e Secretary : Toru-35,92-NA4J4. sire � `yEns�nuF sry'e �P `o Q = aocaSard X04545 Contains a securrtypinlograpfi, a1; e paekoaugdl maInk t-sonsdivi, uwj-reacfive kal2rJi?a?A. ana mrcrotaxtprrr il7i.q on t0fder, " H Ea. d"Y� EXHIBIT -Df, NONCOLLUSION AF F IDAVIT Or PRIME PROPOSER STATE OF GEORGIA CITY OFMILTON J �cbe-fte- IV�r-4,] , being first duly sworn, deposes and says that: (i �He is ReS 1 f (Owner, Partner, Officer, Representative, or Agent) of Tri Scapes, 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. } Proposer:wa h,�ctly or indirectly violated O.C.G.A. § 3b -91-21(d). � Signature of Authorized fficer or Agent Printed Name and Title of uthorized Officer or Agent SUBSCRIBED AND SWC TO BEFORE ME THIS + 4k DAY OF �• , 201 Notary' is My Commission Expires 7j-/ el _/ Date EXHIBIT -Ell 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 ABasic Pilot PrograrniUser Identification Number 1 14 v B uthorized Offior Agent Date Tri Scapes, Inc. r 5iC O Title of A uthori Ad Officer or Agent of Contractor Printed Name of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON IS THE DAY OF , 2013 Notary PuVic `,• \, "'ssrgy''°,,, ., *. '- My Comrnissip i L s: q W -� Cl -1(: ` n 4 ta�T'4'�1- it a'0���' ����� 00 i !dam 1�1tti EXHIBIT -FO SUBCONTRACTOR AFFIDAVIT STATE OF GEORGIA CITY OF MILTON aj�+ 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 Tri Scapes, 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. § 13-14-91. EEV 1 Basic Pilot Program User Identification Number BY: Authorized 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 , 20 13 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 application for a public benefit: 1) X I am a United States citizen. 2) I 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 -3b -1(e)(1), with this affidavit. The secure and verifiable document provided with this affidavit can best be classified as: CTex C- J3rr Vers L. t�.,s� 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 �� ► (city), (state). I Sign atur of Applicant Webec c,t la,G -r41J Printed Name of Applicant SUBSCRIBED AND SWORN BEFORE ME ON THIS THE DAY OF 20 ` k�V r NdTAid PUBLIC = mfr �dT'4��ot�N My Commission Expires: •,�f rJ iN�iiiN�4 ti EXHIBIT -H PLANS AND SPECIFICATIONS See invitation to hid. EXHIBIT -I FINAL AFFIDAVIT TO CITY OF MILTON, GEORGIA 1, , hereby certify that all suppliers of materials, equipment and service, subcontractors, mechanics, and laborers employed by Tri Scapes, Inc. or any of its subcontractors in connection with the construction of the Darby Road Culvert Replacement 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 Tri Scapes, Inc. that he has read the above statement and that to the best of his knowledge and belief same is an exact true statement. Notary Public [NOTARY SEAL] My Commission Expires np In- AF '4 Ro CERTIFICATE OF LIABILITY INSURANCE YYI FE06118113 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 770-434-8440 W. S. Pharr and Company 770-434-0146 P.O. Box 725269 Atlanta, GA 31139 Fred Mitchell " "�• PHONE FAX AJc NON: E-MAIL SSr PRODUCER TRIC -1 INSURERS AFFORDING COVERAGE MAIC 7 INSURED Tri Scapes, Inc. QR Martin Nursery, Inc 1595 Peachtree Pkwy #204-396 Cumming, GA 30041 INSURERA:ASSOCiation Casualty Insurance 35629 INSURERB:Columbia National Insurance Co 19640 INSURER C:Technology Insurance Company 42376 INSURER 0: INSURER E COVERAGES CFRTIFICATF NI IMRFR- DCVLCtAki Kit HUIRI=v• 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 ADL SU P LICYN POLICY EFF POLICY EXP LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,00 pREMkSES I Eavccurrance $ 100,00 C X COMMERCIALGENERALLIABILITY CLAIMS -MADE a OCCUR X X CMPGA0103106 92701172 1Vol 113 MED EXP [Any one person] $ 5,00 PERSONAL S ADW INJURY $ 1,00o,004 X Per Project GFNERALAGGREGATE $ 2,000,00 GEN'L AGGREGATE LIMIT APPLIES PER, PRODUCTS - COMPIOP AGG $ 2,D00,00 POLICY X 5'4 LOC Emp Ben. 5 1M12 A AUTOMOBILE LIABILITY X ANY AUTO ALL OWNED Auros SCHEDULED AUTOS X HIRED AUTOS X CAPGA0202065 PHYSICAL DAMAG E SCHEDULED VEHICLESPROPERTY ACV/DEDUCTIBLES 12101J12 12J01113 COMBINED SINGLE LIMIT $ 1,D00,00 (Ea accident) BODILY INJURY [Per person] E BODILY INJURY (Per accident) s DAMAGE S (Peraccident) X NON-OWNEDAUTOS $2,000 COMP 1$2,000 COL s s X UMBRELLA LIAO )[ OCCUR EACH OCCURRENCE s 5,000,00 AGGREGATE S 5,000,00 E EXCESS LIAB CLAIMS -MADE CUPGA25024 12101112 12101113 DEDUC'nSLE $ $ X RETENTION 10,000 C WORKERS COMPENSATIONX AND EMPLOYERS' LIABILITYLIM,TO ANY PROPRIETORIPARTNERIEXECUTIvE YIi OFFICERIMEMBER EXCLUDED? (Nandatoryin NH) it yyas, describe under ITE CRIPTION OF OPERATIONS below N 1 A X C3325692 07101113 07101114 WCSTATU- OTH- E.L. EACH ACCIDENT S 1,000,00 E.L. DISEASE -EA EMPLOYE s 1,000,004 E.L. DISEASE - POUCY LIMIT S 1,000,0 A Property Section 12101112 12/41113 Schedule On Flit A Equipment Floater ICMPGA0103106 CMPGA0103106 12101112 1 12101/13 LeasJRent 200,00 DESCRIPTION OF OPERATIONS I LOCATIONS 1 VEHICLES IAdach ACORD I01, Additional Remarks Schedule, If mare space is roquiredl Darby Raod Culvert Replacement City of iltonl its offioaalsr employees, agents and volunteers are listed as additional its on arimary and non-contributory basis as respects to General Liability and Auto Liability. *** SEE NEXT PAGE *** CF-PTIFICATF HOLDFR f'ANf'FI I ATInN CITYM12 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Ci Of Milton City THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 13000 Deerfield Parkway 107 Milton, GA 30004 AUTHORIZED REPRESENTATIVE ©1988-2009 ACORD CORPORATION. Ail rights reserved. ACORD 25 (2009109) The ACORD name and logo are registered marks of ACORD NOTEPAD: oral Lial: /er of su HOLDER CODE CITYMI2 INSUREU'S NAME Tri Scapes, Inc. OR Martin rage i ncIudes; completed operations; i is in favor of City of Milton, its officials A volunteers as respects to General Liability and on. TRISCA CP ID: AF PAGE PATE 06/18113 COPY OF PERSONAL SECURE AND VERIFIABLE DOCUMENTS HELD IN CITY CLERK'S OFFIC E HOME OF 'THE BEST QUALITY OF LIFE IN GEORGIA' MILTO-N* LS EABLISHH) 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: June 21, 2013 FROM: City Manager AGENDA ITEM: Approval of a Construction Services Agreement Between the City of Milton and Tri Scapes, Inc. for the Installation of a Vehicle Gate and a Pervious Driveway at Friendship Community Park. MEETING DATE: Monday, July 1, 2013 Regular City Council Meeting. BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY Cl TYMANAGER: 0, APPROVED (} NOTAPPROVED CITY ATTORNEY APPROVAL REQUIRED: fi� YES () NO C1 TY A TTORNEY RE VIE W RE Q U1RED: g YES () NO APPROVAL BY CITY ATTORNEY O APPROVED (} NOT APPROVED PLACED ON AGENDA FOR: b'7 01 13 REMARKS q kol ® You=- PHONE: 678.242.25041 FAX: 678.242.2499 Green info®cityotmiltonga.us I www.cifyofmilfonga.us C0mI'1'tunity 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 - "Mfflto *CCT[uiE[i'k Tap�3 " c�of Page 1 of 2 To: Honorable Mayor and City Council Members From: Jim Cregge, Parks and Recreation Director Date: Submitted on June 17, 2013 for the July 1, 2013 Regular Council Meeting Agenda Item: Consideration of the Approval of a Contract Agreement between the City of Milton and Tri Scapes, Inc. for the Installation of a Vehicle Gate and a Pervious Driveway at Friendship Community Park. ____________________________________________________________________________ Department Recommendation: Staff is recommending the approval of a Contract Agreement between the City of Milton and Tri Scapes, Inc. for the installation of a vehicle gate and a pervious driveway at Friendship Community Park. Executive Summary: When Friendship Community Park was designed and built, there were no stated plans to hold events at the park that required deliveries of equipment by large trucks. The recent Earth Day event required a large piece of equipment to be delivered. The ADA access ramp is not suited for this type of delivery. Additional events planned for July 2013 require even larger trucks to have access to the park. This request will fund the installation of a 16’ sliding gate and a pervious driveway that is rated to withstand the projected weight of equipment being delivered. Please see the attached power point presentation. Funding and Fiscal Impact: The fee of $15,142.50 is the result of competitive bidding. This will be paid with available funds from the Parks and Trail Expansion appropriation in the Capital Project fund. Alternatives: There are two alternatives. The first is to negotiate a similar contract with an alternative service provider. The second is to take no action and either reduce the scope and scale of special events at Friendship Community Park or risk injuring people and/or damaging the park while attempting to deliver large objects to the park. Page 2 of 2 Legal Review: Paul Higbee – Jarrard & Davis June 6, 2013 Concurrent Review: Chris Lagerbloom Carter Lucas Attachment(s): 1) Tri Scapes, Inc Contract Agreement and SAVE Affidavit (3 copies) 2) Request to Modify Friendship Community Park Power Point Presentation 1 CONSTRUCTION SERVICES AGREEMENT FOR FRIENDSHIP COMMUNITY PARK VEHICLE GATE ADDITION This Agreement (the “Agreement”) to provide a truck delivery gate and pervious driveway is made and entered into this ___ day of ____, 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”), Tri Scapes, Inc., a Georgia corporation with its principal place of business located at 1595 Peachtree Parkway, Suite 204-396, Cumming, GA 30041 (hereinafter referred to as the “Contractor”). W I T N E S S E T H: WHEREAS, the City issued an Invitation to Bid for the Friendship Community Park Vehicle Gate Addition; and WHEREAS, based upon Contractor’s bid to construct the vehicle gate and pervious driveway 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 1 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 (9 Pages), attached hereto as Exhibit “A”; 2 C. Bid from Contractor dated June 5, 2013 (1 Page), attached hereto as Exhibit “B”; D. Exhibit “C” (reserved); 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”; I. Exhibit “H” (reserved), 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 Project Description The scope of this project generally consists of the addition of a new 16’ vehicle gate and a pervious driveway at Friendship Community Park to allow the delivery of large equipment delivered by a tractor trailer, in accordance with the bid specifications. Section 3 The Work The Work is specified and indicated in the Contract Documents (the “Work”). In the event of any discrepancy among the Contract Documents, the provision operating most to the benefit of the City, as determined by the City in its sole discretion, shall govern. The Work previously described includes all material, labor, insurance, tools, equipment, and any other miscellaneous items necessary to complete the Work as described. Contractor shall complete the Work in strict accordance with the Contract Documents. Section 4 Contract Time This Contract shall take effect immediately upon issuance of a Notice to Proceed. 3 Contractor agrees to complete the Project in accordance with the bid document schedule and within 45 calendar 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 $15,142.50, 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 O.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 will be sent to the designated address by U.S. Mail only; payment will not be hand-delivered. 4 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 $50,000, must be approved by resolution of the Milton City Council. Section 7 Covenants of Contractor. A. Ethics Code Contractor agrees that it shall not engage in any activity or conduct that would be in violation of the City of Milton Code of Ethics. B. Time is of the Essence Contractor specifically acknowledges that TIME IS OF THE ESSENCE for completion of the Project. 5 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. 6 G. Contractor’s Representative Ryan Hogan shall be authorized to act on Contractor’s behalf with respect to the Work as Contractor’s designated representative. H. Assignment of Agreement The Contractor covenants and agrees not to assign or transfer any interest in, nor delegate any duties of this Agreement, without the prior express written consent of the City. I. Responsibility 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 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, 7 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. J. Independent Contractor Contractor hereby covenants and declares that it is engaged in an independent business and agrees to perform the services as an independent contractor and not as the agent or employee of the City. The Contractor agrees to be solely responsible for its own matters relating to the time and place the services are performed; the instrumentalities, tools, supplies and/or materials necessary to complete the services; hiring of Contractors, agents or employees to complete the services; and the payment of employees, including compliance with Social Security, withholding and all other regulations governing such matters. The Contractor agrees to be solely responsible for its own acts and those of its subordinates, employees, and subcontractors during the life of this Agreement. Any provisions of this Agreement that may appear to give the City the right to direct Contractor as to the details of the services to be performed by Contractor or to exercise a measure of control over such services will be deemed to mean that Contractor shall follow the directions of the City with regard to the results of such services only. The Contractor shall obtain and maintain, at the Contractor’s expense, all permits, licenses, or approvals that may be necessary for the performance of the services. The Contractor shall furnish copies of all such permits, licenses, or approvals to the City of Milton Representative within ten (10) days after issuance. Inasmuch as the City of Milton and the Contractor are contractors independent of one another neither has the authority to bind the other to any third person or otherwise to act in any way as the representative of the other, unless otherwise expressly agreed to in writing signed by both parties hereto. The Contractor agrees not to represent itself as the City’s agent for any purpose to any party or to allow any employee of the Contractor to do so, unless specifically authorized, in advance and in writing, to do so, and then only for the limited purpose stated in such authorization. The Contractor shall assume full liability for any contracts or agreements the Contract enters into on behalf of the City of Milton without the express knowledge and prior written consent of the City. K. Insurance (1) Requirements: The Contractor shall have and maintain in full force and effect for the duration of this Agreement, insurance insuring against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Work by the Contractor, its agents, representatives, employees or subcontractors. All policies shall be subject to approval by the City Attorney to form and 8 content. These requirements are subject to amendment or waiver if so approved in writing by the City Manager. (2) Minimum Limits of Insurance: Contractor shall maintain limits no less than: (a) Comprehensive General Liability of $1,000,000 combined single limit per occurrence for bodily and personal injury, sickness, disease or death, injury to or destruction of property, including loss of use resulting there from. (b) Comprehensive Automobile Liability (owned, non-owned, hired) of $1,000,000 combined single limit per occurrence for bodily and personal injury, sickness, disease or death, injury to or destruction of property, including loss of use resulting there from. (c) Professional Liability of $1,000,000 limit for claims arising out of professional services caused by the Contractor’s errors, omissions, or negligent acts. (d) Workers' Compensation limits as required by the State of Georgia and employers Liability limits of $1,000,000 per accident. (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, 9 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 limited to Section 7(I) of this Agreement. (iv) Policies shall include an endorsement incorporating the Indemnification obligations assumed by the Contractor 10 under the terms of this Agreement, including but not limited to Section 7(I) of this Agreement. (5) Acceptability of Insurers: Insurance is to be placed with insurers with an A.M. Bests' rating of no less than A: VII. (6) Verification of Coverage: Contractor shall furnish the City with certificates of insurance and endorsements to the policies evidencing coverage required by this clause prior to the start of work. The certificates of insurance and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificate of insurance and endorsements shall be on a form utilized by Contractor’s insurer in its normal course of business and shall be received and approved by the City prior to execution of this Agreement by the City. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. The Contractor shall provide proof that any expiring coverage has been renewed or replaced at least two (2) weeks prior to the expiration of the coverage. (7) Subcontractors: Contractor shall include all subcontractors as insured under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverage for subcontractors shall be subject to all of the requirements stated in this Agreement, including but not limited to naming the parties as additional insured. (8) Claims-Made Policies: Contractor shall extend any claims-made insurance policy for at least six (6) years after termination or final payment under the Agreement, whichever is later. (9) City as Additional Insured and Loss Payee: The City shall be named as an additional insured and loss payee on all policies required by this Agreement. L. Employment of Unauthorized Aliens Prohibited (1) E-Verify Affidavits It is the policy of the City of Milton that unauthorized aliens shall not be employed to perform work on City contracts involving the physical performance of services. Therefore, the City shall not enter into a contract for the physical performance of services within the State of Georgia, unless the Contractor shall provide evidence on City-provided forms, attached hereto as Exhibits “E” and “F” that it and Contractor’s subcontractors have within the previous twelve (12) month period conducted a verification of the social security numbers of all employees who will perform work on the City contract to ensure that no 11 unauthorized aliens will be employed. The City Manager or his/her designee shall be authorized to conduct an inspection of the Contractor’s and Contractor’s subcontractors’ verification process to determine that the verification was correct and complete. The Contractor and Contractor’s subcontractors shall retain all documents and records of its verification process for a period of three (3) years following completion of the contract. This requirement shall apply to all contracts for the physical performance of services where more than three (3) persons are employed on the City contract. The City Manager or his/her designee shall further be authorized to conduct periodic inspections to ensure that no City Contractor or Contractor’s subcontractors employ unauthorized aliens on City contracts. By entering into a contract with the City, the Contractor and Contractor’s subcontractors agree to cooperate with any such investigation by making its records and personnel available upon reasonable notice for inspection and questioning. Where a Contractor or Contractor’s subcontractors are found to have employed an unauthorized alien, the City Manager or his/her designee may order the Contractor to terminate or require its subcontractor to terminate that person’s employment immediately and to report same to the Department of Homeland Security. The Contractor’s failure to terminate the employee, or otherwise cooperate with the investigation may be sanctioned by termination of the contract, and the Contractor shall be liable for all damages and delays occasioned by the City thereby. Compliance with the requirements of O.C.G.A. § 13-10-91 and Rule 300-10-1-.02 is mandatory. Contractor agrees that, in the event the Contractor employs or contracts with any subcontractor(s) in connection with this Agreement, the Contractor will secure from the subcontractor(s) such subcontractor(s’) indication of the above employee-number category that is applicable to the subcontractor. Contractor’s compliance with the requirements of O.C.G.A. § 13-10-91 and Rule 300-10-1-.02 shall be attested by the execution of the contractor’s affidavit attached as Exhibit “E.” The above requirements shall be in addition to the requirements of State and federal law, and shall be construed to be in conformity with those laws. (2) SAVE Affidavit and Secure Verifiable Document Pursuant to O.C.G.A. § 50-36-1, the City must obtain a SAVE Affidavit and a secure and verifiable document evidencing the Contractor’s legal status in the Country each time that Contractor obtains a public benefit, including any contract, from the City. Contractor hereby verifies that it has, prior to executing this Agreement, executed a SAVE Affidavit (to be sworn under oath under 12 criminal penalty of false swearing pursuant to O.C.G.A. § 16-10-71), a form of which is attached hereto as Exhibit “G”, and submitted such affidavit to the City in person, electronically, or by mail. Further, Contractor verifies that it has, prior to executing this Agreement, submitted a secure and verifiable document, evidencing the Contractor’s legal status, to the City either in person or electronically (in compliance with the Uniform Electronic Transactions Act). Contractor verifies that it is in compliance with the Residency Status of an Applicant for Public Benefit, as required by the Georgia Security and Immigration Compliance Act (O.C.G.A. § 50-36-1). M. Records, Reports and Audits (1) Records: (a) Records shall be established and maintained by the Contractor in accordance with requirements prescribed by the City with respect to all matters covered by this Agreement. Except as otherwise authorized, such records shall be maintained for a period of three years from the date that final payment is made under this Agreement. Furthermore, records that are the subject of audit findings shall be retained for three years or until such audit findings have been resolved, whichever is later. (b) All costs shall be supported by properly executed payrolls, time records, invoices, contracts, or vouchers, or other official documentation evidencing in proper detail the nature and propriety of the charges. All checks, payrolls, invoices, contracts, vouchers, orders or other accounting documents pertaining in whole or in part to this Agreement shall be clearly identified and readily accessible. (2) 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 13 result in a violation of the City of Milton Code of Ethics. O. Confidentiality Contractor acknowledges that it may receive confidential information of the City and that it will protect the confidentiality of any such confidential information and will require any of its subcontractors, consultants, and/or staff to likewise protect such confidential information. The Contractor agrees that confidential information it receives or such reports, information, opinions or conclusions that Contractor creates under this Agreement shall not be made available to, or discussed with, any individual or organization, including the news media, without prior written approval of the City. The Contractor shall exercise reasonable precautions to prevent the unauthorized disclosure and use of City information whether specifically deemed confidential or not. P. Licenses, Certifications and Permits The Contractor covenants and declares that it has obtained all diplomas, certificates, licenses, permits or the like required of the Contractor by any and all national, state, regional, county, local boards, agencies, commissions, committees or other regulatory bodies in order to perform the services contracted for under this Agreement. All work performed by Contractor under this Agreement shall be in accordance with applicable legal requirements and shall meet the standard of quality ordinarily expected of competent professionals. Q. (Reserved) R. Authority to Contract The Contractor covenants and declares that it has obtained all necessary approvals of its board of directors, stockholders, general partners, limited partners or similar authorities to simultaneously execute and bind Contractor to the terms of this Agreement, if applicable. S. Ownership of Work All reports, designs, drawings, plans, specifications, schedules, work product and other materials prepared or in the process of being prepared for the services to be performed by the Contractor (“materials”) shall be the property of the City and the City shall be entitled to full access and copies of all such materials. Any such materials remaining in the hands of the Contractor or subcontractor upon completion or termination of the work shall be delivered immediately to the City. The Contractor assumes all risk of loss, damage or destruction of or to such materials. If any materials are lost, damaged or destroyed before final delivery to the City, the Contractor shall replace them at its own expense. Any and all copyrightable subject matter in all materials is hereby assigned to the City and the 14 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 for Contractor and all necessary equipment along the Bethany Bend Road right-of-way, in order for Contractor to complete the Work. B. City’s Representative Jim Cregge 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 5 herein. The City shall have no further liability to Contractor for such termination. B. The City may terminate this Agreement for cause if Contractor breaches any material provision of this Agreement. The City shall give Contractor seven (7) days written notice of its intent to terminate the Agreement and the reasons therefore, and, if Contractor, or its Surety, fails to cure the default within that period, the termination shall take place without further notice. The City shall then make alternative arrangements for completion of the Project and deduct the cost of completion from the unpaid Contract Price. The City will make no payment to the Contractor or its Surety until all costs of completing the Project are paid. If the unpaid balance of the amount due the Contractor, according to this agreement, exceeds the cost of finishing the Project, the Contractor or its Surety will receive the applicable funds due. If the costs of completing the Project exceed the unpaid balance, the Contractor or its Surety will pay the difference to the City. C. If the City terminates this Agreement for cause, and it is later determined that the City did not have grounds to do so, the termination will be treated as a termination for convenience under the terms of this Section (A) above. D. Upon termination, the Contractor shall: (1) promptly discontinue all services affected, unless the notice directs otherwise; and (2) promptly deliver to the City all data, drawings, reports, summaries, and such other information and materials as may have been generated or used by the Contractor in performing this Agreement, whether completed or in process, in the form specified by the City. E. The rights and remedies of the City and the Contractor provided in this Section are in addition to any other rights and remedies provided under this Agreement or at law or in equity. Section 11 Miscellaneous A. Complete Agreement. This Agreement contains all of the understandings and agreements of whatsoever kind and nature existing between the parties hereto with respect to the subject matter contained herein. B. Governing Law. This Agreement shall be governed by and construed under the laws of the State of Georgia. C. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original, but all of which together shall constitute one and the same instrument. D. Invalidity of Provisions. Should any part of this Agreement for any reason be declared by any court of competent jurisdiction to be invalid, such decision shall not affect the validity of any remaining portion, which remaining portion shall 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: Tri Scapes, Inc.1595 Peachtree Parkway, Suite 204-396, Cumming, GA 30041 F. Sovereign Immunity. Nothing contained in this Agreement shall be construed to be a waiver of the City’s sovereign immunity or any individual’s qualified good faith or official immunities. G. Force Majeure. Neither the City nor Contractor shall be liable for their respective non-negligent or non-willful failure to perform or shall be deemed in default with respect to the failure to perform (or cure a failure to perform) any of their respective duties or obligations under this Agreement or for any delay in such performance due to: (i) any cause beyond their respective reasonable control; (ii) any act of God; (iii) any change in applicable governmental rules or regulations rendering the performance of any portion of this Agreement legally impossible; (iv) earthquake, fire, explosion or flood; (v) strike or labor dispute, excluding strikes or labor disputes by employees and/or agents of Contractor; (vi) delay or failure to act by any governmental or military authority; or (vii) any war, hostility, embargo, sabotage, civil disturbance, 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. 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 17 provision of this Agreement. 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 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 TRI SCAPES, INC. ___________________________________ Signature _______________________________________________ Print Name _______________________________________________ Title [AFFIX CORPORATE SEAL] SIGNED, SEALED, AND DELIVERED In the presence of: _____________________________ Witness (Corporate Secretary should attest) _______________________________________ Print Name _____________________________ Notary Public [NOTARY SEAL] My Commission Expires: __________________ MILTON CITY COUNCIL: Joe Lockwood, Mayor ___________________________________ [CITY SEAL] SIGNED, SEALED, AND DELIVERED In the presence of: _____________________________ Witness _____________________________ Notary Public [NOTARY SEAL] My Commission Expires: __________________ EXHIBIT “A” REQUEST FOR BID Friendship Community Park Vehicle Gate Addition 12785 Birmingham Highway City of Milton, Georgia BIDS DUE JUNE 5, 2013 BY 2:00 PM Page 2 of 9 Bid Response The undersigned, as bidder, declares and represents that it has examined the site of the work and informed himself/herself fully in regard to all conditions pertaining to the place where the work is to be performed, including those conditions affecting the cost of the work and the delivery, handling and storage of materials and equipment. The bidder has examined and read the Bidding Document and has satisfied himself/herself that the Bidding Document is an adequate and acceptable reflection of the work which is required to be performed and that the bidder is willing and able to perform all of the work necessary. The bidder further certifies that no additional information is required to complete the work encompassed by this bid within the cost and schedule established and agreed upon within this bidding document. The bidder proposes and agrees that if this bid is accepted to contract with the City of Milton to provide all construction labor, materials, equipment, products, transportation, and other facilities and services as necessary and/or required to execute and complete the work in full in accordance with the scope of work provided to the full satisfaction of the City. THE BASE BID IS THE AMOUNT UPON WHICH THE BIDDER WILL BE FORMALLY EVALUATED AND WHICH WILL BE USED TO DETERMINE THE LOWEST RESPONSIBLE BIDDER. The costs for developing and delivering responses to this bid and any subsequent presentations as requested by the City are entirely the responsibility of the bidder. The City is not liable for any expense incurred by the bidder in the preparation of their bid. The City of Milton reserves the right to reject any or all proposals, to waive technicalities and informalities, and to make award in the best interest of the City of Milton. The base bid may not be withdrawn or modified, except at the request of the City, for a period of sixty (60) days following receipt of the bids. This project shall be bid as a Lump Sum contract. BIDS DUE JUNE 5, 2013 BY 2:00 PM Base Bid Amount (Company Name) (Signature) $ (Dollar Amount in Numbers) (Dollar Amount in Words) Page 3 of 9 1.0 Introduction a) Friendship Community Park (FCP) is located at 12785 Birmingham Highway, Milton, GA 30004. The park frontage is on the west side, along Birmingham Highway. Crabapple Crossing Elementary School (CCES) is on the south and east sides of the park. Northwestern Middle School (NMS) is on the northern border of the park. b) This project proposes to add a vehicle gate at the north entrance to the park, immediately west of the existing pedestrian gate. Instead of pouring more concrete, we want to use a porous grass paver driveway system to maintain the park’s appearance. The gate is intended to permit the delivery of large objects for special events by tractor trailers on an occasional basis. 2.0 General Conditions a) Construction activity within 1000 feet on an occupied residence will be allowed Mon.-Fri. between the hours of 7:30 AM and 7:30 PM and Sat. between 8:30 AM and 5:00 PM. Construction activity more than 1000 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. b) Contractor must notify the City of Milton (678) 242-2500, twenty-four (24) hours prior to beginning construction. c) Burial of construction materials is not permitted within the City of Milton. All construction materials and debris within the work area shall be properly disposed of by the contractor. d) Contractor shall provide all necessary tools, equipment, labor and materials to perform all work as defined in the following scope and schedule. 3.0 Warranty a) The contractor shall provide the following warranty: 1. The gate must have a one (1) year warranty and the driveway must have a two (2) year warranty starting from the date of final acceptance of the project 4.0 Material, Equipment and Employees a) All materials shall be new and of quality specified, except where reclaimed material is authorized herein and approved for use. Workmanship shall at all times be of a grade accepted as the best practice of the particular trade involved, and as stipulated in written standards of recognized organizations or institutes of the respective trades except as exceeded or qualified by the specifications. b) No changes shall be made in the Work except upon written approval and change order of the City. Page 4 of 9 c) Products are generally specified by ASTM or other reference standard and/or by manufacturer’s name and model number or trade name. When specified only by reference standard, the Contractor may select any product meeting this standard, by any manufacturer. When several products or manufacturers are specified as being equally acceptable, the Contractor has the option of using any product and manufacturer combination listed. d) The contractor shall be aware that the cited examples are used only to denote the quality standard of product desired and that they do not restrict bidders to a specific brand, make, manufacturer or specific name; that they are used only to set forth and convey to bidders the general style, type, character and quality of product desired; and that equivalent products will be acceptable. Substitution of materials, items or equipment of equal or equivalent design shall be submitted to the City for approval or disapproval at the time the bid is submitted. e) If at any time during the completion of the work covered by these contract documents, the conduct of any employee of the contractor or sub-contractors is considered by the City to detrimental to the work or reflect poorly upon the City, the Contractor shall order such parties removed immediately from the site. f) The contractor shall designate a foreman/superintendent who shall direct the work. 5.0 Erosion and Sediment Control a) 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. b) Provide double row of Type “A” silt fence along the down slope side of all disturbed areas. All barriers shall be in place prior to any land disturbing activities. c) 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. d) Silt fence fabric shall be comprised of Ga. Department of Transportation qualified products Section 171, type “A”, for silt fence fabric. e) 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. f) No clearing beyond the limits of disturbance identified at the site meeting and also depicted in the two (2) photographs attached with this document shall be allowed without approval. g) Provide sod for all of the disturbed areas. 6.0 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. Page 5 of 9 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 GDOT 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 AASHTO 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. 7.0 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. 8.0 Performance a) All work performed shall be in accordance City of Milton Subdivision Construction Standards and these requirements. Where any conflict may occur between the regulations the more stringent requirement shall apply unless otherwise directed in writing by the City. b) The Contractor shall comply with the MUTCD and the State of Georgia Department of Transportation standards for traffic control. c) The Contractor shall obtain the required permits, if required, give all notices, and comply with all laws, ordinances, codes, rules and regulations bearing on the conduct of the work under this contract. If the Contractor observes that the drawings and specifications are at variance therewith, he shall promptly notify the City in writing. If the Contractor performs any work knowing it to be contrary to such laws, ordinances, codes, rules and regulations, and without such notice to the City, he shall bear all cost arising there from. d) The Contractor shall provide proof of complete payment to all subcontractors with the request for payment from the City. Page 6 of 9 9.0 Safety Requirements a) The Contractor shall be responsible for the entire site and the construction of the same and provide all the necessary protections as required by laws or ordinances governing such conditions and as required by the City. Contractor shall be responsible for any damage caused either directly or indirectly by himself, his personnel or his sub-contractors, and shall make good such damages. b) The contractor shall comply with all current State and Federal construction safety regulations, including OSHA regulations. c) The Contractor must maintain a safe work zone for their employees, pedestrians, and vehicular transportation. All work shall be inspected and approved by the City of Milton Department of Public Works (MDPW). d) The Contractor shall provide all necessary safety measures for the protection of all persons on the work. Contractor shall clearly mark or post signs warning of hazards existing, and shall barricade excavations and similar hazards. He shall protect against damage or injury resulting from falling materials and he shall maintain all protective devices and signs throughout the progress of the work. 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 City. 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 City. 11.0 Schedule a) Project shall begin within 3 business days of the Notice to Proceed and be completed in satisfactory manner, as deemed by City, and in accordance with the phase schedule defined in section 11.0 Scope of Work 12.0 Scope of Work a) Scope of Work 1) The work will be performed in two phases: Phase 1 is the installation of the gate. Phase 2 is the installation of the porous grass paver driveway system. The gate work must be completed by Friday, July 12 to permit a truck delivery on Saturday, July 13. The contractor shall complete the porous grass paver driveway system between Monday, July 15 and Friday, July 19, weather permitting. As an option, the contractor can complete all of Phase 1 and all of Phase 2, except the laying of the sod, by July 12. In this option, the sod must be installed between Monday, July 15 and Friday, July 19, weather permitting. Page 7 of 9 2) The scope of work involves the following specific steps. i. Fence Removal – Existing fencing is to be removed starting from the west post (post to remain) of the pedestrian gate and proceeding approximately 16 feet west. At the point the fence fabric is cut, it is to be secured to a new post, which is to be provided and set by the contractor. The fence post must match the existing posts in material, size and color and must have a cap on top. ii. All trees, shrubs and brush are to be removed on both sides of the fence to clear a path for the driveway. Existing vegetation shall not be disturbed outside of the project area, iii. The contractor will provide and install a non-motorized, cantilevered, sliding gate that provides a full 16 feet of clear access. The gate must match the material and appearance of the existing fence and it is the contractor’s responsibility to research and verify this. The gate must be lockable. The gate shall slide to a closed position against the post of the existing pedestrian gate. The gate must have a large rubber wheel on the front. A ground based track is not permitted. iv. The posts for the existing pedestrian gate are missing top caps. Provide and install caps that match the color, material and style of the existing post caps within the park. v. A new porous grass paver driveway system will be installed on both sides of the gate. The driveway will be a porous pavement structure to support the weight of a tractor trailer estimated at 60,000 lbs. Products such as GrassPave2 from Invisible Structures, Inc. or Urban Green Grass Pavers from Contech Construction Products, Inc. are acceptable. The bidder may submit an alternate product; however, it will be incumbent on the bidder to prove that the product submitted meets or exceeds the specifications of the listed product options. vi. The porous grass paver driveway system will be completed using sod to match the existing grass at the park. Hydro seeding and straw are not permitted. vii. The approximate dimension of the driveway on the FCP side is 16 feet wide x 21 feet long. The approximate dimension of the driveway on the NWS side is 16 feet wide x 32 feet long. Please note these dimensions are approximate and the bidder is responsible for performing actual measurements. The owner will not be responsible for discrepancies between these approximate dimensions and the actual dimensions. viii. On the FCP side, the porous grass paver driveway system will extend from the gate on the north side to the concrete walk on the south side and to the concrete walk on the east. An appropriate defining edge will be provided on the west edge of the ramp. Page 8 of 9 ix. On the NWS side, the porous grass paver driveway system will extend from the gate on the south side to the asphalt parking lot on the north side and to the concrete walk on the east side. An appropriate defining edge will be provided on the west edge of the ramp. x. There is an existing irrigation system sprinkler head on the park side of the gate on the opposite side of the sidewalk where the driveway will end. This sprinkler head or the line that may be in the way of a large vehicle’s path. The Contractor must be prepared to relocate this sprinkler head to a safer location. In addition, a tap of the existing irrigation system must be made to extend the irrigation system to be able to support the grass in the driveway. xi. Create and deliver to the owner as-built drawings and documentation within 14 days of completion. The as built drawings are to be a marked up set of drawings depicting the new gate and driveway, typical sections and appropriate specifications for the driveway construction. b) Timing 1) The timing of this project is critical. The project shall commence within 72 hours of written notice to proceed is delivered. Work will be completed in accordance with the phase schedule defined above. c) Bid Submission 1) Bid responses are due on June 5, 2013 at 2:00 PM in a sealed envelope to the attention of Jim Cregge, director of Parks and Recreation. If the bidder is proposing an alternate grass paver grid system than what has been specified, a 12 inch x 12 inch sample of the grass paver grid system that the bidder proposes as well as sufficient technical information and specifications for the city to determine if the product is equal or better than those specified herein to use must be included in the bid submission. 2) All bid responses must include a description of the typical section with specifications of depth and type of materials. 3) Please include CONTRACTOR AFFIDAVIT AND AGREEMENT with bid response 13.0 Site Visit and Q & A a) There will be a site visit on Wednesday May 29 at 9:00 AM. This site visit is HIGHLY RECOMMENDED for all bidders. Any questions and answers discussed at this meeting will be documented and distributed to all bidders, Questions asked outside of the site visit are to be sent via email to jim.cregge@cityofmiltonga.us and will be accepted up to May 31, 2013 at 2:00 PM EXHIBIT "A" STATE OF GEORGIA CITY OF MILTON CONTRACTOR AFFIDAVIT ANDAGREEMENT By executing this affidavit, the undersigned contractor verifies its compliance with O.C.G.A. § 13-10-91, stating affirmatively that the individual, firm, or corporation which is contracting with the City of Milton has registered with and is participating in a federal work authorization program, in accordance with the applicability provisions and deadlines established in O.C.G.A. § 13-10-91. The undersigned further agrees that, should it employ or contract with any subcontractor(s) in connection with the physical performance of services pursuant to this contract with the City of Milton, contractor will secure from such subcontractor(s) similar verification of compliance with O.C.G.A. § 13-10-91 on the Subcontractor Affidavit provided in Rule 300-10-01-.08 in the form provided by the City. Contractor further agrees to maintain records of such compliance and provide a copy of each such verification to the City of Milton at the time the subcontractor(s) is retained to perforin such service. 1236,99 EEV'1 B sic jPilot Progra jjUs Identification Number r BY: Authorized Officer or Agent Date Tri Scapes, Inc. Print Contractor Name President; CFC Title of Authorized Officer or Agent of Contractor Rebecca Martin Printed Name of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE 5t:h DAY OF Tune 201 3 of 9 EXHIBIT -B,, BID FROM CONTRACTOR Bid Response The undersigned, as bidder, declares and represents that it has examined the site of the work and informed himself/herself fully in regard to all conditions pertaining to the place where the work is to be performed, including those conditions affecting the cost of the work and the delivery, handling and storage of materials and equipment. The bidder has examined and read the Bidding Document and has satisfied himself/herself that the Bidding Document is an adequate and acceptable reflection of the work which is required to be performed and that the bidder is willing and able to perform all of the work necessary. The bidder further certifies that no additional information is required to complete the work encompassed by this bid within the cost and schedule established and agreed upon within this bidding document_ The bidder proposes and agrees that if this bid is accepted to contract with the City of Milton to provide all construction labor, materials, equipment, products, transportation, and other facilities and services as necessary and/or required to execute and complete the work in full in accordance with tho scope of work provided to the full satisfaction of the City. THE BASE BID IS THE AMOUNT UPON WHICH THE BIDDER WILL RE FORMALLY EVALUATED AND WHICH WILL BE USED TO DETERMINE THE LOWEST RESPONSIBLE BODER. The costs for developing and delivering responses to this bid and any subsequent presentations as requested by the City are entirely the responsibility of the bidder. The City is not liable for any expense incurred by the bidder in the preparation of their bid. The City of Milton reserves the right to reject any or all proposals, to waive technicalities and informalities, and to make award in the bast interest of the City of Milton. The base bid may not be withdrawn or modified, except at the request of tho City, for a period of sixty (60) days following receipt of the bids. This project shall be bid as a Lump Sum contract. BIDS DUE JUNE 5, 2073 BY 2;00 RM Base Bid Amount Tri Scapes, Inc. (Coml Name) rlz -�(Sig) 15,142.50 (Dollar Amount in !Numbers) Fifteen thousand, one hundred forty-two and 50/100 dollars ------ (Dollar Amount in Words) Page 2 of 9 EXHIBI`I, -c-, (RESERVED) EXHIBIT -D,- NONCOLLUSION D,- NONC:OLLUSION AFFIDAVIT OF PRIME PROPOSER STATE OF GEORGIA CITY OF MILTON e. ;JeG G I V `a 60 _ , being first duly sworn, deposes and says that: (1 )�He is re_ 1 C / 0 1z-,,+ F0 ,(Owner, Partner, Officer, Representative, or Agent) of TRI SCAPES, 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, (5) 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. d) Proposer has not/ irectly or indirectly violated O.C.G.A. § 36-91-21(d). of Authorized Officer or Agent ROCC(1- IWW�Vl- P(e-,i CIP-4 0 F-0 Printed Name and Title of Authorizedfficer or Agent SUBSCRIBED AND SWORN TO BEFORE ME THIS y DAY OF ;� �,� , 2Qi �, CHA No is �: epTA►4r Q My Commission Expires _ 7-/ ci- 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 11 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. /'�Z � �' cc E Basic Pilot Prog Usgr Identification Number BY: Authorized Of cer or Agent Date TRI SCAPES, INC. Title of Authorized Officer or Agent of Contractor J"'fLce-- Aar-rn Printed Name of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE DAY OF t ►►►t�tE�1tr k] r N❑ P tic My Commission Expires: �� �� EXHIBIT -FPO 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 perforinance of services under a contract with TRI SCAPES, 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. /V/I+ EEV Basic Pilot Program User Identification Number BY: Authorized 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 -Glt 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 application for a public benefit: I am a United States citizen. 2} I 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)(1), with this affidavit. The secure and verifiable document provided with this affidavit can best be classified as: In making the above representation under oath, I understand that any person who knowingly and willfully makes a false, fictitious, or fraudulent statement or representation in an affidavit shall be guilty of a violation of O.C.G.A. § 16-10-20, and face criminal penalties as allowed by such criminal statute. Executed in &YY1 rh V1�, (city), [sP (state}. I � Signalure of Applicant Printed Name of Applicant G 1111 SUBSCRIBED AND SWORNf1 BEFORE ME ON THIS THE ��. , S FiQ ��♦ DAY OF20 ;�``�� Li►riL Lr� re 1. NO A U13LIC y�+ 1 44 F My Commission Expires: -7- 1 C - hLd` Q rll8liilll EXHIBIT `HH (RESERVED) EXHIBIT -P FINAL AFFIDAVIT TO CITY OF MILTON, GEORGIA I, , hereby certify that all suppliers of materials, equipment and service, subcontractors, mechanics, and laborers employed by TRI SCAPES, INC. or any of its subcontractors in connection with the construction of the Deerfield Parkway -Morris Road Intersection Improvements 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 TRI SCAPES, INC. that he has read the above statement and that to the best of his knowledge and belief same is an exact true statement. Notary Public [NOTARY SEAL] My Commission Expires HOME OF 'THE BEST QUALITY OF LIFE IN GEORGIA' MILTON TO: City Council ESI:A31ISIIFD-2006 CITY COUNCIL AGENDA ITEM DATE: June 21, 2013 FROM: City Manager AGENDA ITEM: Proclamation Recognizing MDA Firefighter Appreciation. MEETING DATE: Monday, July 1, 2013 Regular City Council Meeting. BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: V4APPROVED (} NOT APPROVED CITY A TTORNEY APPRO VAL REQUIRED: (} YES K NO CITY ATTORNEY REVIEW REQUIRED: (} YES KNO APPROVAL BY CITY ATTORNEY () APPROVED () NOTAPPROVED PLACED ON AGENDA FOR: REMARKS b�7o113 PHONE: 678.242.25001 FAX: 675.242.2499 ' Green -or *c�nirea ,, infoCalai ofmiifon a.us www.oit ofmiiton a.us ' Community � rh;� k h' 9 Y 9 13000 Deerfield Porkway, Suite 107 1 Milton GA 30004 - CEA'IF`fu "p""`F - Sa L MDA City of Milton Firefighter Appreciation WHEREAS, dedicated and selfless firefighters in Milton provide vital and lifesaving services to the citizens of their community; and WHEREAS, at a moment’s notice, these men and women risk their lives subduing fires and rescuing those trapped in infernos, as well as saving citizens from emergencies that could have been deadly situations; and WHEREAS, Georgia firefighters contribute significantly to the continued well-being of Georgians through their outstanding commitment to community service. Their sense of duty and responsibility is evidenced by their hundreds of volunteer hours in annual boot drives to collect funds to fight Muscular Dystrophy; and WHEREAS, firefighters in the City of Milton unselfishly donate their time and energy to supporting the Muscular Dystrophy Association, raising more than $350,000 over our seven year partnership; and WHEREAS, many of Milton’s most deserving citizens have benefited from the funds raised by firefighters in the “Fill-the-Boot” Campaign, and these public servants make invaluable contributions to our community in all the tasks they perform; NOW, THEREFORE, we, the Mayor and City Council of the City of Milton, hereby proclaim June through September, as “MDA Firefighter Appreciation” time in the City of Milton and encourage all citizens of Milton, Georgia to recognize and support the efforts of these firefighters on behalf of MDA. Given under our hand and seal of the City of Milton, Georgia on this 1st day of July, 2013. _________________________ Mayor Joe Lockwood HOME OF `THE BEST QUALITY OF LIFE IN GEORGIA' M M ILTON* ESlAIiLISI €ED 2006 TO: City Council CITY COUNCIL AGENDA ITEM DATE: June 21, 2013 FROM: City Manager AGENDA ITEM: Consideration of RZ13-14 — 13175 Hopewell Road, Duke Land Group, LLC, to Rezone from AG -1 (Agricultural) to R-3 (Residential) to Develop 11 Single Family Lots on 9.04 Acres. MEETING DATE: Monday, July 1, 2013 Regular City Council Meeting. BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: VAPPROVED CITY ATTORNEY APPROVAL REQUIRED: () YES CITY ATTORNEY REVIEW REQUIRED; () YES () NOTAPPROVED K NO 0 NO APPROVAL BY CITY ATTORNEY ()APPROVED (} NOT APPROVED PLACED ON AGENDA FOR: 0 -7 01 13 REMARKS 41 ... . .. ..... . .. ............. ® You(n fir. ~` tOfI ' �'�� * C.e,tifwd * 'foN�100 mmunity PHONE. 678.242.25001 FAX: 67$.242.2499 oCiryof C «. infoC�cityvfmilfonga.us 1 www.�Ityofmiltonga.us �>,..�-,,.::,:..:,�.�.•,..�: � ,lr� 13000 Deerfield Parkway. Suite 107 1 Milton GA 30004 - CEFIT IrlEU DA01ZF 1}� Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on July 1, 2013 (First Presentation) 6/21/2013 Page 1 of 22 RZ13-14 RZ13-14 PROPERTY INFORMATION ADDRESS 13175 Hopewell Road DISTRICT, LAND LOT 2/2 1037 OVERLAY DISTRICT Northwest Fulton EXISTING ZONING AG-1 (Agricultural) PROPOSED ZONING R-3 (Residential) ACRES 9.04 EXISTING USE One single family residence PROPOSED USE 11 Single Family Residential Units PETITIONER Duke Land Group, LLC ADDRESS 4828 Ashford Dunwoody Road, Suite 400, Atlanta, GA 30338 REPRESENTATIVE Scott Reece Brumbelow - Reese & Associates, Inc. 13685 Highway 9, Milton GA 30004 PHONE 770-475-6817 COMMUNITY DEVELOPMENT RECOMMENDATION – MAY 22, 2013 RZ13-14 – DENIAL INTENT To rezone from AG-1 (Agricultural) to R-3 (Residential) to develop 11 single family lots on 9.04 acres. Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on July 1, 2013 (First Presentation) 6/21/2013 Page 2 of 22 RZ13-14 PLANNING COMMISSION RECOMMENDATION – MAY 22, 2013 RZ13-14 – DEFER 30 TO 60 DAYS TO ALLOW FURTHER DISCUSSIONS BETWEEN THE STAFF AND THE APPLICANT REGARDING CONDITIONS OF ZONING 5-1 (Commissioner Burchett voted in the negative) Since the last meeting, the applicant’s representative met with the Public Works Director to discuss City right-of-way and cul-de-sac requirements for the proposed extension of Newtown Drive. The applicant has submitted a revised site plan dated June 17, 2013 which reflect the agreed upon changes. In addition, the locations of the proposed stormwater facility(ies) have been discussed with the Public Works Director and final location will be determined after further engineering is completed and prior to the issuance of a Land Disturbance Permit. The applicant has indicated a common area along Hopewell Road to allow for preservation of trees as recommended by the Design Review Board. The existing lot and common area comprise a total of 0.84 acres along Hopewell Road. Staff reflects the past policy for one acre lots along Hopewell Road in the Recommended Conditions. Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on July 1, 2013 (First Presentation) 6/21/2013 Page 3 of 22 RZ13-14 LOCATION MAP Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on July 1, 2013 (First Presentation) 6/21/2013 Page 4 of 22 RZ13-14 CURRENT ZONING MAP Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on July 1, 2013 (First Presentation) 6/21/2013 Page 5 of 22 RZ13-14 CITY OF MILTON 2030 COMPREHENSIVE FUTURE LAND USE MAP Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on July 1, 2013 (First Presentation) 6/21/2013 Page 6 of 22 RZ13-14 REVISED SITE PLAN SUBMITTED JUNE 17, 2013 Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on July 1, 2013 (First Presentation) 6/21/2013 Page 7 of 22 RZ13-14 SITE PLAN SUBMITTED ON APRIL 2, 2013 Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on July 1, 2013 (First Presentation) 6/21/2013 Page 8 of 22 RZ13-14 Looking north along Hopewell Road at subject site Inter-parcel access from Milton Place into subject site Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on July 1, 2013 (First Presentation) 6/21/2013 Page 9 of 22 RZ13-14 SUBJECT SITE AND BACKGROUND: The subject site contains 9.04 acres. It is developed with a single family residence zoned AG-1 (Agricultural) that will be demolished for the proposed development. The site is located within the “Agricultural, Estate Residential, and Equestrian” designation of the City of Milton 2030 Comprehensive Plan Map. The applicant is requesting a rezoning to R-3 (Residential) to develop 11 single family residences at an overall density of 1.22 units per acre. SITE PLAN ANALYSIS Based on the applicant’s revised site plan submitted to the Community Development Department on June 17, 2013, Staff offers the following considerations: DEVELOPMENT STANDARDS – SEC. 64-508 R-3 (Single Family Dwelling District) Development Standards Proposed Development No building shall exceed 40 feet in height None indicated Minimum front yard – 50 feet 50 feet Minimum side yard as follows: Adjacent to interior line: 10 feet Adjacent to street: 20 feet 10 feet 20 feet Minimum rear yard – 35 feet 35 feet Minimum lot area – 18,000 sq.ft. 18,000 sq.ft. Minimum lot width shall be 100 ft. 100 feet Minimum lot frontage shall be 35 feet adjoining a street 35 feet Minimum heated floor area shall be as follows: For two-story dwelling: 1,320 sq.ft. or For more than two story dwelling: 1,320 square feet with 900 square feet on ground floor. Per the letter of intent – 2,500 sq.ft. Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on July 1, 2013 (First Presentation) 6/21/2013 Page 10 of 22 RZ13-14 LANDSCAPE STRIPS AND BUFFERS The proposed development shall comply with Article III, Tree Preservation and Administrative Guidelines within the Zoning Ordinance, Sec. 64-237 (g) of the Zoning Ordinance which states “Unless otherwise specified, lots developed with single-family detached dwelling units are not required to provide landscape areas or zoning buffers”. Staff notes that a 20-foot landscape strip and fencing are required around all detention ponds. The site plan does not indicate the required landscape strip and fencing. The fencing shall be a 6-foot high, five-board equestrian style fence with two inch by four inch welded wire constructed around it. OTHER SITE PLAN CONSIDERATIONS Pursuant to Sec 64-2392, the Zoning Ordinance requires sidewalks which shall be constructed in accordance with the Department of Public Works standard plan which requires sidewalks on at least one side of the street. Within the City Code, Chapter 50, Subdivisions, it is required that sidewalks within residential subdivisions be a minimum of 5 feet in width with a minimum 2 foot beauty strip between the sidewalk and the curb. The site plan does not indicate the required sidewalks, but a condition is included to provide a sidewalk on at least one side of the street. The applicant has submitted a letter requesting that public sanitary sewer be served to the subject site. It is attached at the end of the Staff report for review. The subject site is not included in the Intergovernmental agreement between Fulton County and the City of Milton to provide sewer service within certain properties of the City of Milton. Staff notes, that without the service of public sewer to the site, the requested minimum 18,000 square foot lots cannot be developed but minimum one acre lots served by individual septic systems can be developed. ENVIRONMENTAL SITE ANALYSIS The Environmental Site Analysis (ESA) report is sufficient and sati sfies the requirement of Sec. 64-2126. A field survey of the site was conducted by Staff to verify areas addressed in the ESA report. The proposed site does not contain Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on July 1, 2013 (First Presentation) 6/21/2013 Page 11 of 22 RZ13-14 wetlands, historical sites or sensitive plant and animal species. The applicant has stated the following in regards to the site: “There is a stream flowing through the eastern portion of the property that has been located and the City buffers have been incorporated into the proposed site plan. Wetlands located on the site are located within the banks of the stream and will be protected by the buffers. The property contains a slope exceeding 25 percent west of the stream. If constructed, the subdivision would have to gain approval of a 3 phase erosion control plan and best management practices to mitigate any damage to the steep slope.” ARBORIST COMMENTS The site is heavily wooded predominately with pines in the area of proposed disturbance. There are more hardwoods approaching the stream to the east. There are two specimen trees located on site of which one shown to be removed. Specimen poplar tree 48”dbh (diameter at breast height) = 37.8 units will require 54- four inch trees. This tree is a multi-trunked and in good condition. If the tree was a single trunk, Staff would request re-configuration of the lot to preserve it, but given the position on the site and is multi-trunked, removal and recompense is acceptable. CITY OF MILTON FIRE MARSHAL A diameter of 86 feet is required for the cul -de-sac for fire apparatus. The revised site plan dated June 17, 2013 meets this requirement. Further evaluation of the plan will be made at the time of the Land Disturbance Permit application. Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on July 1, 2013 (First Presentation) 6/21/2013 Page 12 of 22 RZ13-14 FULTON COUNTY BOARD OF EDUCATION Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on July 1, 2013 (First Presentation) 6/21/2013 Page 13 of 22 RZ13-14 FINANCIAL MODELING RESULTS Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on July 1, 2013 (First Presentation) 6/21/2013 Page 14 of 22 RZ13-14 PUBLIC INVOLVEMENT On April 24, 2013 the applicant was present at the Community Zoning Information Meeting (CZIM) held at the Milton City Hall. There was no one in attendance for the subject site. Public Comments – Staff has not received any phone calls or e-mails regarding this petition. PUBLIC PARTICIPATION REPORT Staff received the report on May 10, 2013. The applicant’s Public Participation Meeting was held on April 30, 2013 between 5:30 pm and 8:00 pm at the Brumbelow-Reese offices located on Hwy 9. There were four residents in attendance at the meeting. They were concerned about the size and price of the proposed homes; public versus private road; and clearing along the south property line. In response, the applicant stated that Fuqua & Associates will be building the homes and showed examples of the construction. In addition, they discussed the building setback lines and that Newtown Drive is a public street. CITY OF MILTON DESIGN REVIEW BOARD COURTESY REVI EW – MAY 7, 2012  Preserve trees along Hopewell Road or replant trees if needed. Standards of Review (Section 64-2104) Planning Staff shall, with respect to each zoning application, investigate and make a recommendation with respect to factors 1 through 7, below, as well as any other factors it may find relevant. 1. Whether or not the proposal will permit a use that is suitable in view of the use and development of adjacent and nearby Property? The proposed 11 lot single family residential subdivision developed at a density of 1.22 units per acre is consistent with the adjacent development to the south; Milton Place zoned R-3 pursuant to RZ03-41 approved at a density of 1.67 units per acre. To the southeast is Coventry within the City of Alpharetta zoned R-5 (Residential) pursuant to RZ93-75 at a density of 2.92 units per acre. To the east is Hopewell Plantation within the City of Alpharetta and Milton, zoned AG-1 (Agricultural). To the north and west, there are scattered single family residences zoned AG-1 (Agricultural) that Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on July 1, 2013 (First Presentation) 6/21/2013 Page 15 of 22 RZ13-14 require minimum one acre lots. It is Staff’s opinion that although the proposed use and density is suitable with adjacent properties to the south and southeast, it is not suitable for properties to the north, northeast and east. In addition, the lot abutting Hopewell Road is not one acre in size as approved for other rezoning petitions along Hopewell Road (Please see chart on page 14). The other lot adjacent to Hopewell Road is proposed as a detention area. Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on July 1, 2013 (First Presentation) 6/21/2013 Page 16 of 22 RZ13-14 Existing uses and zoning of nearby property Location Parcel / Zoning Petition Zoning / Name Approved Density/Min. Heated Floor Area North 1 AG-1 (Agricultural) Single Family Residences 1 u/a Further North 2 RZ96-98 R-2A (Single Family Residential) Hopewell Close S/D 1 u/a 2,800 s.f. 1 acre lots along Hopewell Road East 3 (Milton/Alpharetta) AG-1 (Agricultural) Hopewell Plantation 1 u/a Southeast 4 RZ93-75 (Alpharetta) R-5 (Single Family Residential) Conventry S/D 2.92 u/a 1,400 s.f South 5 RZ03-122/ RZ03-41 R-3 (Single Family Residential) Milton Place (Under Development) 1.64 u/a 2,750 s.f. 1.67 u/a 2,750 s.f. 1 acre lots along Hopewell Rd. Further South 6 RZ95-21 R-3 (Single Family Residential) Hopewell Place S/D 2 u/a 1,800 s.f. 1 acre lots along Hopewell Rd. Southwest 7 RZ04-144/ RZ05-135 CUP (Community Unit Plan) Vickery Crest S/D (Under Development) 1 u/a Min 18,000sq.ft. lots / 2,500 s.f. 1.88 u/a Min 15,000 sq.ft. lots/ 2,500 s.f. 1 acre lots along Hopewell Rd. West 8 AG-1 (Agricultural) Single Family Residences 1 u/a Northwest 9 RZ94-127 R-2A (Residential) Brookshade S/D .98 u/a 2,500 sq.ft. 1 acre lots along Hopewell Rd. Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on July 1, 2013 (First Presentation) 6/21/2013 Page 17 of 22 RZ13-14 EXISTING USES LOCATION MAP Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on July 1, 2013 (First Presentation) 6/21/2013 Page 18 of 22 RZ13-14 2. Whether or not the proposal will adversely affect the existing use or usability of adjacent or nearby property? It is Staff’s opinion that the proposal may adversely affect existing use or usability of the adjacent properties to the north as described above. The proposed development does not provide a transition between the existing densities and uses to the north, northeast, and west. 3. Whether the property to be affected by the proposal has a reasonable economic use as currently zoned? The subject site may have a reasonable use currently zoned AG-1 (Agricultural). 4. Whether the proposal will result in a use which will or could cause an excessive or burdensome use of existing streets, transportation facilities, utilities or schools? Staff does not anticipate a significant impact on public services or utilities. Comments from the Fulton County Board of Education are included in the report as it relates to the estimated number of new students for the proposed rezoning which will have an impact on the elementary and middle schools. There is an existing curb cut on Hopewell Road via Newtown Drive that currently serves the Milton Place subdivision. The additional 11 lots will require the applicant to construct a left turn lane on Hopewell Road into the Newtown Drive. It is Staff’s opinion that the proposal will not cause a burden on transportation facilities if approved with the Recommended Conditions. 5. Whether the proposal is in conformity with the policies and intent of the land use plan? City of Milton 2030 Comprehensive Land Use Plan Map – Agricultural, Equestrian, and Estate Residential Proposed use/density: Single Family Residential at 1.22 units per acre/INCONSISTENT Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on July 1, 2013 (First Presentation) 6/21/2013 Page 19 of 22 RZ13-14 The Plan Map recommends Agricultural, Equestrian, and Estate Residential for the subject site and the properties to the north and west, but Medium Density Residential to the southwest, south, and further north. The proposed R-3 (Single Family Residential ) development is inconsistent with the 2030 Comprehensive Land Use Plan Map and with previous policy to require one acre lots adjacent to Hopewell Road. 6. Whether there are other existing or changed conditions affecting the use and development of the property which gives supporting grounds for either approval or disapproval of the proposal? Although the proposed development is consistent with the adjacent development, Milton Place, it is inconsistent with the Plan Map recommendation of Agricultural, Equestrian and Estate Residential which requires minimum one acre lots and previous policy for one acre lots adjacent to Hopewell Road. Based on these facts, it is grounds to recommend DENIAL of RZ13-14. 7. Whether the zoning proposal will permit a use which can be considered environmentally adverse to the natural resources, environment and citizens of the City of Milton? The proposed use will not be environmentally adverse to the natural resources, environment and citizens of the City due to the required development regulations as it pertains to stormwater facilities and tree recompense and landscape requirements. CONCLUSION The proposed 11 lot single family subdivision is inconsistent with the City of Milton’s 2030 Comprehensive Land Use Plan Map for “Agricultural, Equestrian, and Estate Residential”. Therefore, Staff recommends DENIAL of RZ13-14 to rezone from AG-1(Agricultural) to R-3 (Single Family Residential). A set of Recommended Conditions are included if the Mayor and City Council chooses to approve this petition. Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on July 1, 2013 (First Presentation) 6/21/2013 Page 20 of 22 RZ13-14 RECOMMENDED CONDITIONS If this petition is approved by the Mayor and City Council, the rezoning of property located at 13175 Hopewell Road with a frontage of approximately 411 feet it should be approved for R-3 (Single Family Residential) CONDITIONAL subject to the owner’s agreement to the following enumerated conditions. Where these conditions conflict with the stipulations and offerings contained in the Letter of Intent, these conditions shall supersede unless specifically stipulated by the Mayor and City Council. 1) To the owner’s agreement to restrict the use of the subject property as follows: a) Single family detached dwellings and accessory uses and structures. b) No more than 11 total dwelling units at a maximum density of 1.22 units per acre, whichever is less, based on the total acreage zoned. Approved lot/unit totals are not guaranteed. The developer is responsible through site engineering (at the time of application for a Land Disturbance Permit) to demonstrate that all lots/units within the approved development meet or exceed all the development standards of the City of Milton. The total lot/unit yield of the subject site shall be determined by this final engineering. 2) To the owner’s agreement to abide by the following: a) To the revised site plan received by the Community Development Department on June 17, 2013. Said site plan is conceptual only and must meet or exceed the requirements of the Zoning Ordinance, all other applicable city ordinances and these conditions prior to the approval of a Land Disturbance Permit. Unless otherwise noted herein, compliance with all conditions shall be in place prior to the issuance of the first Certificate of Occupancy. b) All areas which are not part of an individual lot and held in common shall be maintained by a mandatory homeowners association, whose proposed documents of incorporation shall be submitted to the Director of Community Development for review and approval prior to the recording of the first final plat. Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on July 1, 2013 (First Presentation) 6/21/2013 Page 21 of 22 RZ13-14 3) To the owner’s agreement to the following site development considerations: a) Minimum one acre lot developed for single family residences along Hopewell Road. b) Minimum heated floor area per unit – 2,500 square feet 4) To the owner’s agreement to abide by the following requirements, dedication, and improvements: a) Extend 5’ concrete sidewalk that currently exists along the frontage of Milton Place subdivision along the entire frontage of the proposed development and provide for necessary drainage improvements. b) Provide a southbound left turn lane on Hopewell Road at Newtown Drive in accordance with Chapter 48 Streets, Sidewalks and Other Public Places of the City of Milton Code of Ordinances. c) Maintain 50’ right-of-way throughout the subdivision. d) Provide 5 foot sidewalk with 2 foot beauty strip on at least one side of internal streets. e) Dedicate, at no cost to the city, at least 10.5 feet of right-of-way from the back of curb of all abutting road improvements, along the entire property frontage, as well as allow the necessary construction easements while right-of-way is being improved. i.) Proposed right-of-way shall be located no closer than one foot behind the back of sidewalk. 5) To the owner’s agreement to abide by the following: a) Prior to the application for a land Disturbance Permit, the developer/engineer shall submit to the Department of Community Development a Stormwater Concept Plan. The plan shall comply with the requirements of the Stormwater Division of Chapter 20 Environment of the City of Milton Code of Ordinances. Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on July 1, 2013 (First Presentation) 6/21/2013 Page 22 of 22 RZ13-14 b) The stormwater management facilities shall utilize earthen embankments, where possible. Walled structures are not encouraged. If walled structures are proposed, they must meet the acceptable design standards of the City of Milton Department of Community Development and the Department of Public Works. i. Where side slopes for stormwater management facility are steeper than 4:1 the facility shall have a six foot high, five-board equestrian style fence with two inch by four inch welded wire constructed around it, or equivalent as may be approved by the City of Milton Public Works Department. c) Prior to issuance of a Land Disturbance Permit, an amended “Intergovernmental Agreement for Extraterritorial provision of Sewer Service by Fulton County to Certain Property Located within the City of Milton” indicating sewer service to this parcel described as 13174 Hopewell Road (Parcel ID 22 495010370209) must be approved by the Milton City Council and the Fulton County Board of Commissioners. BRUMBELOW-REESE & ASSOCIATES, INC. Land Surveyors, Land Planners, Development Consultants 13685 Highway 9 Alpharetta, Georgia 30004 Phone 770-475-6817 Fax 770-569-4948 Email: brassinc@comcast.net March 18, 2013 City of Milton, Mayor and City Council 13000 Deerfield Parkway, Suite 107C Milton, GA 30004 Re: Sewer Connection at 13175 Hopewell Rd Dear Mayor and Council: We are representing the owner of the property located at 13175 Hopewell Road in a rezoning so she may effectively market her property. In our meetings with staff, it was brought to our attention that a new "Sewer Map" was in use and this property was not included in "sewered" properties. There is an existing sewer line that crosses the entire length of the property and was in place prior to the creation of the City of Milton. There is a manhole and projected sewer tie-in on the south property line of our property which was intended to be extended to subject property. This property appears to be situated on an island, as properties to the North, East, South, and West have all been developed with sewer. This property would all be served via gravity to the manhole located on the South property lune. This was historically the standard used by Fulton County as to sewer connectivity and was adopted by the City of Milton along with all other ordinances at the City's inception. The Fulton County Health Department guidelines require that a proposed residential subdivision must be tied to sewer if located within 1000 feet of public sewer if accessible via gravity flow. We are attaching copies of the FCHD guidelines and the Fulton Co. sewer as -built maps. We are respectfully asking that the "sewer map" be amended to include this property. Please contact us if we may clarify or answer any questions. Sincerely, jBRZLOW-FSE & ASSOCIATES, INC. cott D. Reece Field Supervisor G:\Land Projects\2012-250\documents\Sewer Letter.doc property4.php _2 _2 �2 1 —4054-4d53---__------__1 -/III f--11AO4 ,835.1 _52375 r'r '2425.2465.2 Lakes/Rivers from US Census Dept, may not match parcels exactly L-= 2012+ Parcel Sales = 2011 Parcel Sales I7--1 2010 Parcel Sales p 620 1240 1660 2460 ft Parcel: 22 495010370209 Acres: 0 HERRING SUSAN D - $ 199,100 13175 HOPEWELL RD $ 214,200 0 on 2010-08-27 Reason=U Qua]=T 0 P O BOX 67 $ 413,300 CALUMET, M149913 http://qpubiic9.qpublic.net/property4.php 3340.- 70 75 130 0 !665- 00 411 The Fulton County Assessor's Office makes every effort to produce me most accurate unUimduun PUoW-c. — —r-- - -•- -•I--- - - - --- herein, its use or interpretation. The assessment infatuation is from the last certified taxroll. All data is subject to change before the next certified taxmll. PLEASE NOTE THAT THE PROPERTY APPRAISER MAPS ARE FOR ASSESSMENT PURPOSES ONLY NEITHER FULTON COUNTY NOR ITS EMPLOYEES ASSUMI RESPONSIBILITY FOR ERRORS OR OMISSIONS ---THIS IS NOT A SURVEY --- Date printed: 03118/13: 12:45:27 1 of 1 3/18/2013 12:44 PM • ;.- � to •". .lin t�.�_ ! r__.�... 05 t tioeQ. t `— •r �,.--ems .--_-__ -' �. — •" DDoc 7 �`^ ^... ti...v-�. _ d `tiff 4•N J j� f9 C M Z5 / ,/'..r i ��_.......�r„•,,.^., (".^ ��-'��" _- l t arm `� � :' � U i i f-..-- ~ ... : I ��'�./�- `�"� �� " Il • - � _�-.=-Wee N O Ali -!tr / % -I � i ( i l ! tt\\ j� � �I i t `' � �� �, •O C 5 m a L_ I\((i \ \ •1v,I• �\j—? as IV?dOH }ham^' OL� C _ _ � i � -��—Vis,-.. ,..-.�-•.� ._r-- � : i ����� � � E N _+ � \ 'tet .` �` '•� t� 1 <.• ` / t •' / 'R FULTCN CCUNTY CODE OF LAWS TITLE 30 HEALTH 'and WELFARE BOARD OF HEALTH REGULATIONS SECTIM 30 -2 -7 - SEWAGE DISPOSAL Ado -pt -ea by,, the :Lean: o=l=M sslo,r Jtriz 2,. 1982:.:: rAiTen.de Septexrhe ` 7 988 Sec. 30-2-7-4 (3) CONNECTION TO SEWER cont. (5) EASEMENT DEDICATION. The owner or agent for the owner agrees in writing to provide all necessary easements at no cost for future public sewer at time of approval as. required by the appropriate governmental jurisdiction. (6) PAYMENT OF FEES. The owner or agent for the owner pays all necessary fees (including assessments and tap on) at the time of approval as required by the appropriate governmental jurisdiction. (4) RESIDENTIAL DEVELOPMENT. A public or comnunity sewerage system shall be considered available if it is within a specified distance of the nearest property line at the time of application or wili be available within a set time period (as determined by appropriate governmental jurisdiction). The distance indicated in Tile_ L shall be measured along the appropriate natural drainage course (gravity flaa) and based on the number of lots indicated on the preliminary plat. Also included in accordance with Table B are conditions of approval for the various "TYPES" of residential developments stipulating the construction, design and easements determined to be necessary by the Health Department and as re- quired by the appropriate governmental jurisdiction. (A)' TYPE A" RESIDENTIAL DEVE'LOPNIENT SEWER AVAILABILITY A public or community sewerage system is avail at,, tireaf amlig,alion in accordance with Table B as determined by the appropriate governmental jurisdiction. CONDITIONS OF APPROVAL: .INDIVIDUAL LOT AREA < 2 ACRES PAGE 31 The owner/developer shall be required to extend the sewer outfall from the point of availability throughout the development, con - s c -w struct a collector system to serve the development and to connect a C-" the collector system to the public or community sewerage system. 4th ���� • ' •r The owner/developer shall be required to extend the sewer outfall le W rk from the point of availability throughtout the development and Fq' P. provide a collector system design including easements to the appropriate governmental jurisdiction. (B); TYPE "B" RESIDENTIAL DEVELOPMENT SEWER AVAILABILITY A public or ccyturnlnity sew�era_ae_s�stem will be available wjr— 3 years,.fzpm..the,time of application in accordance with Table B as determined by the appropriate governmental jurisdiction. EE TABLE B MANDATORY CONNECTION CRITERIA RESIDENTIAL DEVELOPMENT Number of Tats Distance to Public or Conmunity Sewerage System (feet) 6 < x < 25 1000 (6V 6 eAVI TY 1'6-O vV J 25 < x < 50 1500 x > 50 2000 TABLE C SEPARATION DISTANCE REQUIREMENTS REFERENCE ITEM (MINIMUM SEPARATION (FEET) MINIMUM SEPARATION (FEET) SEPTIC TANK ABSORPTION FIELD Bored Wells, Springs (Existing, 50* 100* Proposed or Abandoned) Drilled Wells (Existing, 25 50* Proposed or Abandoned) Suction Water Lines 50_00 Pressure Water Lines 10 10** Lakes, Ponds, Streams, Waterways 25 50 Edge Of Drainage Ditch (Draw) 15 15 Edge Of ElTbankment 15 15 Retaining Wall (Uphill) 15 15 Retaining Wall (Downhill) 5 5 Building/Structure 10 10 Pool Wall 10 1-0 Edge Of Pavement 5 5 Property Line (Public Vater) 10 10 Property Line 10 10 (Individual Water Supplies) 50 50 Retention, Detention Ponds 15 15 (100 Year Pond Elevation) Illegal Trash Pits *** 15 15 * Minimum separation distances from the septic tank and absorption field and abandoned wells may be reduced to twenty-five (25) feet if the aban- doned well is filled and compacted (in three (3) foot layers maximum) with clay material approved by the Health Department. The top of the abandoned well shall also be sealed and capped as approved by the Health Department. ** Pressure water lines may be allowed in the cover over the system but not in the absorption field trench if approved by the Health Department. *** No trash pits shall be allowed on lots (residential or commercial) where an onsite sewage management system(s) is proposed unless approved by the Health Department and the appropriate governmental jurisdiction. Health Department approval of any trash pit shall be limited only to its location relative to the proposed location of the onsite system(s). See Detail B. (37) Page 1 of 7 STATE OF GEORGIA ORDINANCE NO. COUNTY OF FULTON PETITION NO. RZ13-14 AN ORDINANCE TO REZONE FROM AG-1 (AGRICULTURAL) TO R-3 (SINGLE FAMILY RESIDENTIAL) FOR AN 11 LOT SINGLE FAMILY SUBDIVISION PROPERTY LOCATED AT 13175 HOPEWELL ROAD CONTAINING 9.045 ACRES BE IT ORDAINED by the City Council for the City of Milton, Georgia while in regular session on July 15, 2013 at 6:00 p.m. as follows: SECTION 1. That the Zoning Ordinance of the City of Milton be amended, and the official maps established in connection therewith be changed so that the following property located at 13175 Hopewell Road, consisting of a total of approximately 9.045 acres as described in the attached legal description, be rezoned to the R-3 (Single Family Residential) District with conditions, attached hereto and made a part herein; ALL THAT TRACT or parcel of land lying and being Land Lot 1037 of the 2nd District 2nd Section, City of Milton, Fulton County, Georgia; and SECTION 2. That the R-3 (Single Family Residential) zoning listed in the attached conditions of approval, be approved under the provisions Chapter 64, Article VI, Division 6 of the Zoning Ordinance of the City of Milton; and SECTION 3. That the property shall be developed in compliance with the conditions of approval as attached to this ordinance. Any conditions hereby approved (including any site plan) do not authorize the violation of any district regulations; and SECTION 4. That the official maps referred to, on file in the Office of the City Clerk, be changed to conform with the terms of this ordinance; and SECTION 5. That all ordinances or part of ordinances in conflict with the terms of this ordinance are hereby repealed; and SECTION 6. This Ordinance shall become effective upon adoption by the Mayor and City Council and the signature of approval of the Mayor. Page 2 of 7 ORDAINED this 15th day of July, 2013. Approved: ______________________________ Joe Lockwood, Mayor Attest: ________________________________ (SEAL) Sudie Gordon, City Clerk Page 3 of 7 RECOMMENDED CONDITIONS If this petition is approved by the Mayor and City Council, the rezoning of property located at 13175 Hopewell Road with a frontage of approximately 411 feet it should be approved for R-3 (Single Family Residential) CONDITIONAL subject to the owner’s agreement to the following enumerated conditions. Where these conditions conflict with the stipulations and offerings contained in the Letter of Intent, these conditions shall supersede unless specifically stipulated by the Mayor and City Council. 1) To the owner’s agreement to restrict the use of the subject property as follows: a) Single family detached dwellings and accessory uses and structures. b) No more than 11 total dwelling units at a maximum density of 1.22 units per acre, whichever is less, based on the total acreage zoned. Approved lot/unit totals are not guaranteed. The developer is responsible through site engineering (at the time of application for a Land Disturbance Permit) to demonstrate that all lots/units within the approved development meet or exceed all the development standards of the City of Milton. The total lot/unit yield of the subject site shall be determined by this final engineering. 2) To the owner’s agreement to abide by the following: a) To the revised site plan received by the Community Development Department on June 17, 2013. Said site plan is conceptual only and must meet or exceed the requirements of the Zoning Ordinance, all other applicable city ordinances and these conditions prior to the approval of a Land Disturbance Permit. Unless otherwise noted herein, compliance with all conditions shall be in place prior to the issuance of the first Certificate of Occupancy. b) All areas which are not part of an individual lot and held in common shall be maintained by a mandatory homeowners association, whose proposed documents of incorporation shall be submitted to the Director of Community Development for review and approval prior to the recording of the first final plat. 3) To the owner’s agreement to the following site development considerations: a) Minimum one acre lot developed for single family residences along Hopewell Road. Page 4 of 7 b) Minimum heated floor area per unit – 2,500 square feet 4) To the owner’s agreement to abide by the following requirements, dedication, and improvements: a) Extend 5’ concrete sidewalk that currently exists along the frontage of Milton Place subdivision along the entire frontage of the proposed development and provide for necessary drainage improvements. b) Provide a southbound left turn lane on Hopewell Road at Newtown Drive in accordance with Chapter 48 Streets, Sidewalks and Other Public Places of the City of Milton Code of Ordinances. c) Maintain 50’ right-of-way throughout the subdivision. d) Provide 5 foot sidewalk with 2 foot beauty strip on at least one side of internal streets. e) Dedicate, at no cost to the city, at least 10.5 feet of right-of-way from the back of curb of all abutting road improvements, along the entire property frontage, as well as allow the necessary construction easements while right-of-way is being improved. i.) Proposed right-of-way shall be located no closer than one foot behind the back of sidewalk. 5) To the owner’s agreement to abide by the following: a) Prior to the application for a land Disturbance Permit, the developer/engineer shall submit to the Department of Community Development a Stormwater Concept Plan. The plan shall comply with the requirements of the Stormwater Division of Chapter 20 Environment of the City of Milton Code of Ordinances. b) The stormwater management facilities shall utilize earthen embankments, where possible. Walled structures are not encouraged. If walled structures are proposed, they must meet the acceptable design standards of the City of Milton Department of Community Development and the Department of Public Works. i. Where side slopes for stormwater management facility are steeper than 4:1 the facility shall have a six foot high, five- board equestrian style fence with two inch by four inch Page 5 of 7 welded wire constructed around it, or equivalent as may be approved by the City of Milton Public Works Department. c) Prior to issuance of a Land Disturbance Permit, an amended “Intergovernmental Agreement for Extraterritorial provision of Sewer Service by Fulton County to Certain Property Located within the City of Milton” indicating sewer service to this parcel described as 13174 Hopewell Road (Parcel ID 22 495010370209) must be approved by the Milton City Council and the Fulton County Board of Commissioners. Page 6 of 7 REVISED SITE PLAN SUBMITTED ON JUNE 17, 2013 Page 7 of 7 Page is too large to OCR. Mo. HOME OF 'TH1=BEST QUALITY OF LIFE IN GEORGIA'LTON)---- M1 TO: City Council ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM DATE: June 25, 201 3 FROM: City Manager AGENDA ITEM: Consideration of an Ordinance to Amend Chapter 10, Buildings and Building Regulations, to Provide for Enforcement of Certain Applicable Codes Relative to the Safe Use of Real Property in Accordance with Georgia Law; to Repeal any Conflicting Provisions; and for Other Purposes. MEETING DATE: Monday, July 1, 2013 Regular City Council Meeting. BACKGROUND INFORMA TION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (APPROVED () NOT APPRO VED CI TY A TTORNE Y A PPRO VAL REQUIRED: 0 YES () NO CITY ATTORNEY REVIEW REQUIRED: A YES () NO APPROVAL BY CITY ATTORNEY P APPRO VED { j NOT APPROVED PLACED ON AGENDA FOR: O 7 o t J3 REMARKS 4 youcm PHONE: 47$.242,2500 9 .Green FAX: 67$.242.249Community eiryd� info@cifyofmiltonga.us I www.cifyofmIItonga.us 5 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 - QLRTiFIED BRoHXE - Ei 1 STATE OF GEORGIA COUNTY OF FULTON ORDINANCE NO. AN ORDINANCE TO AMEND CHAPTER 10, BUILDINGS AND BUILDING REGUALTIONS, TO PROVIDE FOR ENFORCEMENT OF CERTAIN APPLICABLE CODES RELATIVE TO THE SAFE USE OF REAL PROPERTY IN ACCORDANCE WITH GEORGIA LAW; TO REPEAL ANY CONFLICTING PROVISIONS; AND FOR OTHER PURPOSES. BE IT ORDAINED by the City of Milton, Georgia while in a regularly called council meeting on _____________ at 6:00 p.m. as follows: WHEREAS, O.C.G.A. § 36-35-3, provides that the governing authority of each municipal corporation shall have legislative power to adopt clearly reasonable ordinances, resolutions and regulations relating to its property, affairs, and local government for which no provision has been made by general law and which are not inconsistent with the Constitution or any charter provision applicable thereto; and WHEREAS, O.C.G.A. § 36-61-11 authorizes any municipality, by ordinance, to require the repair, closing, or demolition of dwellings or other structures intended for human habitation which are, as defined in the ordinance, unfit for human habitation or which may imperil the health, safety, or morals of the occupants thereof or of surrounding areas; and WHEREAS, Chapter 2 of Title 41 provides that certain provisions should be included in a City’s ordinance to enforce provisions related to abatement of nuisances; and WHEREAS, the City wishes to exercise its authority in adopting this Ordinance consistent with such requirements to assist in the Code Enforcement process. NOW, THEREFORE, the Council of the City of Milton, Georgia hereby ordains that: Section 1. Sections 106.2, 106.3, 107.1, 107.2, 107.3, 107.5, 109.1 through 109.6, and 110.1 through 110.4 of Ordinance Number 06-12-76, adopted December 21, 2006 and codified in Chapter 10 of the Code of Ordinances as Sections 10-241, 10-242, 10- 244, and 10-245, are hereby stricken in their entirety and reserved, and in lieu thereof, the language attached hereto as Exhibit A and incorporated herein by reference as if fully set forth herein is hereby adopted and approved, and shall be codified as Article 4 in Chapter 10 (Buildings and Maintenance) of the Code of Ordinances. 2 Section 2. Sections 104.1 of Ordinance Number 06-12-76, adopted December 21, 2006 and codified as Sections 10-232, is hereby stricken in its entirety and replaced with the following: “The provisions of this article shall be enforced as provided in Article 4 of this chapter.” Section 3. Sections 108.1 through 108.5 of Ordinance Number 06-12-76, adopted December 21, 2006 and codified as Section 10-243, are here by stricken in their entirety and replaced with the language provided in Exhibit B attached hereto and incorporated herein by reference as if fully set forth herein, which language is hereby adopted and approved. Section 4. Section 10-267(d)(2) of Ordinance Number 12-11-154, adopted November 19, 2012 and codified as Section 10-267(d)(2), is hereby stricken and replaced with the following language: “Upon the failure of the owner or agent having charge of a property to cut and destroy weeds after service of a notice of violation, he or she shall be subject to prosecution in accordance with Article 4 of this chapter and as prescribed by the authority having jurisdiction.” Section 5. Article 4, Section 1 of Ordinance Number 07-02-09, adopted February 15, 2007 and codified as Section 10-165(b) through (f), is hereby stricken in its entirety and replaced with the following language: “(b) Enforcement of this provision shall occur as provided in Article 4 of this chapter.” Section 6. All other ordinances shall continue in full force and effect and shall remain unaffected, except where such ordinance, or part thereof, conflicts herewith, in which case such ordinance, or part thereof, is hereby repealed. Section 7. It is the express intent of the Council of the City of Milton, Georgia that this Ordinance be consistent with both federal and State law concerning the City’s abatement of nuisances. If any provision of this Ordinance or the application thereof to any person or circumstance is held invalid, the invalidity shall not affect other provisions or applications of the Ordinance which can be given effect without the invalid provision or application, and to this end the provision of this Ordinance are declared severable. Section 8. That this Ordinance shall become effective upon its adoption. 3 BE IT ORDAINED this ____ day of __________________, 2013, by the Council of the City of Milton, Georgia. Approved: ________________________________ Joe Lockwood, Mayor Attest: ______________________________ Sudie AM Gordon, City Clerk (SEAL) 4 Exhibit A Section 1. Incorporation of State Law The City of Milton hereby incorporates the Abatement of Nuisances in Cities and Counties, O.C.G.A. § 41-2-5 through 41-2-17, into this adoption of law. Section 2. Purpose and Findings The purpose of this Ordinance is to establish uniform regulations and procedures for the determination and remedy of a nuisance as defined in Section 6 of this Ordinance. It is found and declared that in the City of Milton, Georgia there is the existence or occupancy of dwellings or other buildings, structures, or properties which are unfit for human habitation or for residential, commercial, industrial, or business occupancy or use and not in compliance with the applicable state minimum standard codes as adopted by ordinance or operation of law or any optional building, fire, life safety, or other codes relative to the safe use of real property and real property improvements adopted by ordinance in the City of Milton; or general nuisance law and which constitute a hazard to the health, safety, and welfare of the people of the City of Milton; and that a public necessity exists for the repair, maintenance, closing, or demolition of such dwellings, buildings, structures, or properties. It is found and declared that in the City of Milton, Georgia, where there is in existence a condition or use of real estate which renders adjacent real estate unsafe or inimical to safe human habitation, such use is dangerous and injurious to the health, safety, and welfare of the people of the City of Milton and a public necessity exists for the repair of such condition or the cessation of such use which renders the adjacent real estate unsafe or inimical to safe human habitation. Whenever there exists in the City of Milton dwellings, buildings, structures, or properties which are unfit for human habitation or for commercial, industrial, or business uses due to dilapidation and not in compliance with applicable codes; which have defects increasing the hazards of fire, accidents, or other calamities; which lack adequate ventilation, light, or sanitary facilities; or where other conditions exist rendering such dwellings, buildings, structures, or properties unsafe or unsanitary, or dangerous or detrimental to the health, safety, or welfare, or otherwise inimical to the welfare of the residents of the City of Milton, or vacant, dilapidated dwellings, buildings, structures, or properties in which drug crimes are being committed, the City of Milton may exercise its police power to repair, maintain, close, or demolish the aforesaid dwellings, buildings, structures, or properties in the manner provided in this Ordinance, and as authorized by O.C.G.A. §§ 41-2-8 to 41-2-17. This Ordinance may be applied to private property where there exists an endangerment to the public health or safety as a result of unsanitary or unsafe conditions to those persons residing or working in the vicinity. A finding by any governmental health department, health officer, building inspector, or code enforcement officer that such property is a health or safety hazard shall constitute prima-facie evidence that said property is in violation of this section. 5 Section 3. Definitions Except as otherwise provided herein, all words shall have the customary dictionary meaning. The present tense includes the future tense; the singular shall include the plural, and the plural the singular; and the use of masculine or feminine gender is for convenience only, and the use of each shall include the other. As used in this Ordinance, the term: (a) “Applicable codes” means (i) any optional housing or abatement standard provided in Chapter 2 of Title 8, Official Code of Georgia, as adopted by ordinance or operation of law, or other property maintenance standards as adopted by ordinance or operation of law, or general nuisance law, relative to the safe use of real property; (ii) any fire or life safety code as provided for in Chapter 2 of Title 25, Official Code of Georgia; and (iii) any building codes adopted by local ordinance prior to October 1, 1991, or the minimum standard codes provided in Chapter 2 of Title 8, Official Code of Georgia, after October 1, provided that such building or minimum standard codes for real property improvements shall be deemed to mean those building or minimum standard codes in existence at the time such real property improvements were constructed unless otherwise provided by law. (b) “Closing” means causing a dwelling, building, structure, or property to be vacated and secured against unauthorized entry. (c) “Drug crime” means an act which is a violation of Article 2 of Chapter 13 of Title 16, Official Code of Georgia, known as the “Georgia Controlled Substances Act.” (d) “Dwellings, buildings, structures, or properties” means any building or structure or part thereof used and occupied for human habitation or commercial, industrial, or business uses, or intended to be so used, and includes any outhouses, improvements, and appurtenances belonging thereto or usually enjoyed therewith and also includes any building or structure of any design and any associated property. However, as used in this Ordinance, the term “dwellings, buildings, structures, or properties” shall not mean or include any farm, any building, structure, or property located on a farm, or any agricultural facility or other building or structure used for the production, growing, raising, harvesting, storage, or processing of crops, livestock, poultry, or other farm products. (e) “Governing authority” means the Council of the City of Milton, Georgia charged with governing the municipality. (f) “Interested parties” means: (i) Owner; (ii) Those parties having an interest in the property as revealed by a certification of 6 title to the property conducted in accordance with the title standards of the State Bar of Georgia; (iii) Those parties having filed a notice in accordance with Code Section 48-3-9; (iv) Any other party having an interest in the property whose identity and address are reasonably ascertainable from the records of the petitioner or records maintained in the county courthouse or by the clerk of the court. Interested parties shall not include the holder of the benefit or burden of any easement or right of way whose interest is properly recorded which interest shall remain unaffected; and (v) Persons in possession of said property and premises. (g) “Municipality” means the City of Milton. (h) “Owner” means the holder of the title in fee simple and every mortgagee of record. (i) “Public authority” means any member of a governing authority, any housing authority officer, or any officer who is in charge of any department or branch of the government of the City of Milton or the state relating to health, fire, or building regulations or to other activities concerning dwellings, buildings, structures, or properties in the municipality. (j) “Public Officer” means the officer or officers who are authorized to exercise the powers prescribed by this Ordinance or any agent or designee of such officer or officers. (k) “Repair” means altering or improving a dwelling, building, structure, or property so as to bring the structure or property into compliance with the applicable codes in the jurisdiction where the property is located and the cleaning or removal of tall grass, weeds, debris, trash, and other materials present and accumulated which create a health or safety hazard in or about any dwelling, building, structure, or property. (l) “Resident” means any person residing in the City of Milton on or after the date on which the alleged nuisance arose. Section 4. Public Nuisance; Duty of Owner of Dwelling, Building, Structure or Property Every owner of every dwelling, building, structure, or property within the City of Milton, Georgia, has the duty to construct and maintain such dwelling, building, structure, or property in conformance with the applicable City of Milton Ordinances or other applicable codes which regulate and prohibit activities on property and which declare it to be a public nuisance to construct or maintain any dwelling, building, structure, or property in violation of such codes or ordinances. 7 Section 5. Designation and Authority of Public Officers (a) Designation of Public Officers. The building official, also referred to herein as Public Officer, and their designees are all designated and appointed to exercise the powers presented by this Ordinance. (b) Powers of Enforcement Authorized. The Public Officer is hereby authorized to exercise such powers as may be necessary or convenient to carry out and effectuate the purpose and provisions of this Ordinance and O.C.G.A. §§ 41-2-8 through 41-2-17, including the following additional powers: (i) To investigate the dwelling conditions in the City of Milton in order to determine which dwellings, buildings, structures, or properties therein are unfit for human habitation or are unfit for current commercial, industrial, or business use or are vacant, dilapidated, and being used in connection with the commission of drug crimes; (ii) To administer oaths and affirmations, to examine witnesses, and to receive evidence; (iii) To enter upon premises for the purpose of making examinations; provided, however, that such entries shall be made in such manner as to cause the least possible inconvenience to the persons in possession and shall follow applicable due process of law; (iv) To appoint and fix the duties of such officers, agents, and employees as he deems necessary to carry out the purposes of this Ordinance; (v) To delegate any of his functions and powers under this Ordinance to such officers and agents as he may designate; and (vi) To consult with any engineers or other qualified professionals in carrying out the functions and powers of this Ordinance. (c) Standards for Determining Violation. The Public Officer may determine, under existing ordinances, that a dwelling, building, structure, or property is unfit for human habitation or is unfit for its current residential, commercial, industrial, or business use if he finds that conditions exist in such building, dwelling, structure, or property which are dangerous or injurious to the health, safety, or morals of the occupants of such dwelling, building, structure, or property; of the occupants of neighborhood dwellings, buildings, structures, or properties; or of other residents of the City of Milton. Such conditions may include the following (without limiting the generality of the foregoing): (i) Defects therein increasing the hazards of fire, accidents, or other calamities; (ii) Lack of adequate ventilation, light, or sanitary facilities; (iii) Dilapidation; (iv) Disrepair; 8 (v) Structural defects; and (vi) Uncleanliness constituting an unsanitary condition. The Public Officer may determine that a dwelling, building, or structure is vacant, dilapidated, and being used in connection with the commission of drug crimes upon, among other things, personal observation or report of a law enforcement agency and evidence of drug crimes being committed. Section 6. Enforcement Procedures (a) Filing of Request; Investigation. Whenever a request is filed with the Public Officer by a public authority or by at least five residents of the City of Milton charging that any dwelling, building, structure, or property is unfit for human habitation or for commercial, industrial, or business use and not in compliance with applicable codes; is vacant and being used in connection with the commission of drug crimes; or constitutes an endangerment to the public health or safety as a result of unsanitary or unsafe conditions, the Public Officer shall make an investigation or inspection of the specific dwelling, building, structure or property. (b) Issuance of Notice or Filing of Complaint. If the Public Officer’s investigation or inspection identifies that any dwelling, building, structure, or property is unfit for human habitation or for commercial, industrial, or business use and not in compliance with applicable codes; is vacant and being used in connection with the commission of drug crimes; or constitutes an endangerment to the public health or safety as a result of unsanitary or unsafe conditions, the Public Officer shall notify the Council of such finding and shall either issue a 30-day notice to comply or file a complaint in rem as indicated below. (c) Issuance of Thirty-Day Notice. The Public Officer may issue and cause to be served via certified and regular mail upon the owner and any interested parties notice that the dwelling, building, structure, or property is unfit for human habitation or for commercial, industrial, or business use and not in compliance with applicable codes; is vacant and being used in connection with the commission of drug crimes; or constitutes an endangerment to the public health or safety as a result of unsanitary or unsafe conditions. The notice shall instruct the owner to repair, alter, improve, vacate and close or demolish said dwelling, building, structure, or property within 30 days of the date the notice is mailed via regular delivery. (d) Filing a Complaint. If the dwelling, building, structure or property is not repaired, altered, improved, vacated and closed or demolished within 30 days, or, if the Public Official determines that it is in the best interest of the City to proceed without first issuing a 30-day notice, the Public Official may issue a complaint in rem against the lot, tract, or parcel of real property on which such dwelling, building or structure is situ ated or where such public health hazard or general nuisance exists and shall cause summons and a copy 9 of the complaint to be served on the interested parties for such dwelling, building, structure, or property. (e) Contents of Complaint. The complaint shall (i) Identify the subject real property by appropriate street address and official tax map reference; (ii) Identify the owner and other interested parties; (iii) State with particularity the factual basis for the action; and (iv) Contain a statement of the action sought by the Public Officer to abate the alleged nuisance. Unless specifically authorized by the Council, demolition shall not be sought for any dwelling, building, structure or property that is occupied or has exceptional historical, architectural or social uniqueness or significance. (f) Service of Complaint. Complaints issued by a Public Officer shall be served in the following manner: (i) At least 14 days prior to the date of the hearing, the Public Officer shall mail copies of the complaint by certified mail or statutory overnight delivery, return receipt requested, to all interested parties whose identities and addresses are reasonably ascertainable. Copies of the complaint shall also be mailed by first- class mail to the property address to the attention of the occupants of the property, if any, and shall be posted on the property within three business days of filing the complaint and at least 14 days prior to the date of the hearing. (ii) For interested parties whose mailing address is unknown, a notice stating the date, time, and place of the hearing shall be published in the newspaper in which the sheriff’s advertisements appear in such county once a week for two consecutive weeks prior to the hearing. (iii) At the time of filing the complaint in the City of Milton Municipal Court, a notice of lis pendens shall be filed in the office of the Fulton County Clerk of Superior Court. Such notice shall have the same force and effect as other lis pendens notices provided by law. (iv) Orders and other filings made subsequent to service of the initial complaint shall be served in this manner on any interested party who answers the complaint or appears at the hearing. Any interested party who fails to answer or appear at the hearing shall be deemed to have waived all further notice in the proceedings. (g) Issuance of Summons; Hearing. The summons shall notify the owner and other interested parties that a hearing will be held before the City of Milton Municipal Court, at the date and time certain and at a place within the City of Milton. Such hearing shall be 10 held not less than 15 days nor more than 45 days after the filing of said complaint in the proper court. The owner and other interested parties shall have the right to file an answer to the complaint and to appear in person or by attorney and offer testimony at the time and place fixed for hearing. (h) Issuance of Order by Court. If, after such notice and hearing, the court determines that the dwelling, building, structure, or property in question is unfit for human habitation or is unfit for its current commercial, industrial, or business use and not in compliance with applicable codes; is vacant and being used in connection with the commission of drug crimes; or constitutes an endangerment to the public health or safety as a result of unsanitary or unsafe conditions, the court shall state in writing findings of fact in support of such determination and shall issue and cause to be served upon the interested parties that have answered the complaint or appeared at the hearing an order requiring the property to be repaired so as to comply with all applicable codes and requiring any building, dwelling, or structure to be repaired or demolished in accordance with the following: (i) If the repair, alteration, or improvement of the said dwelling, building, structure, or property can be made at a reasonable cost in relation to the present value of the dwelling, building, or structure, requiring the owner, within the time specified in the order, to repair, alter, or improve such dwelling, building, structure, or property so as to bring it into full compliance with the applicable codes relevant to the cited violation and, if applicable, to secure the structure so that it cannot be used in connection with the commission of drug crimes; or (ii) If the repair, alteration, or improvement of the said dwelling, building, structure, or property in order to bring it into full compliance with applicable codes relevant to the cited violations cannot be made at a reasonable cost in relation to the present value of the dwelling, building, or structure, requiring the owner, within the time specified in the order, to vacate and close or demolish and remove such dwelling, building, or structure and all debris from the property. For the purposes of this section, the court shall make its determination of “reasonable cost in relation to the present value of the dwelling, building, structure, or property” without consideration of the value of the land on which a structure is situated; provided, however, that costs of the preparation necessary to repair, alter, or improve a structure or property to bring it into compliance may be considered. Income and financial status of the owner shall not be a factor in the court’s determination. The present value of the structure and the costs of repair, alteration, or improvement may be established by affidavits of real estate appraisers with the Georgia appraiser classification as provided in Chapter 39A of Title 43, qualified building contractors, or qualified building inspectors without actual testimony presented. Costs of repair, alteration, or improvement of the structure or property shall be the cost necessary to bring the structure or property into compliance with the applicable codes relevant to the cited violations in force in the City of Milton. 11 (i) Noncompliance with the Order. If the owner fails to comply with an order to repair, vacate and close, or demolish the dwelling, building, structure, or property, the Public Officer or his designee may cause such dwelling, building, structure, or property to be repaired, altered, or improved or to be vacated and closed or demolished. Such abatement action shall commence within 270 days after the expiration of time specified in the order for abatement by the owner. Any time during which such action is prohibited by a court order issued pursuant to O.C.G.A. § 41-2-13 or any other equitable relief granted by a court of competent jurisdiction shall not be counted toward the 270 days in which such abatement action must commence. The Public Officer, or his designee, shall cause to be posted on the main entrance of the building, dwelling, or structure a placard with the following words: “This building is unfit for human habitation or commercial, industrial, or business use and does not comply with the applicable codes or has been ordered secured to prevent its use in connection with drug crimes or constitutes an endangerm ent to public health or safety as a result of unsanitary or unsafe conditions. The use or occupation of this building is prohibited and unlawful.” (j) Demolition Procedure. If the Public Officer has the structure demolished, reasonable effort shall be made to salvage reusable materials for credit against the cost of demolition. The proceeds of any moneys received from the sale of salvaged materials shall be used or applied against the cost of the demolition and removal of the structure, and proper records shall be kept showing application of sales proceeds. Any such sale of salvaged materials may be made without the necessity of public advertisement and bid. The Public Officer and City of Milton are relieved of any and all liability resulting from or occasioned by the sale of any such salvaged materials, including, without limitation, defects in such salvaged materials. (k) Recovery of Costs of Abatement. The amount of the cost of repair, closure or demolition, including all court costs, appraisal fees, administrative costs incurred by the tax collector or city revenue officer, and all other costs necessarily associated with the abatement action, including restoration to grade of the real property after demolition, shall be a lien against the real property upon which such cost was incurred. Said lien shall attach to the real property upon the filing of a certified copy of the order requiring repair, closure, or demolition in the office of the Fulton County Clerk of Superior Court and shall relate back to the date of the filing of the lis pendens notice required under O.C.G.A. § 41-2-12(c). The Fulton County Clerk of Superior Court shall record and index such certified copy of the order in the deed records of the county and enter the lien in the general execution docket. The lien shall be superior to all other liens on the property, except liens for taxes to which the lien shall be inferior, and shall continue in force until paid. After filing a certified copy of the order with the Fulton County Clerk of Superior Court and final determination of costs, fees, and expenses incurred in accordance with this section, the Public Officer shall transmit to the tax collector or revenue officer a 12 statement of the total amount due and secured by said lien, together with copies of all notices provided to interested parties. The statement of the Public Officer shall be transmitted within 90 days of completion of the repairs, demolition, or closure. It shall be the duty of the tax collector or revenue officer, who is responsible or whose duties include the collection of municipal taxes, to collect the amount of the lien in conjunction with the collection of ad valorem taxes on the property and to collect the amount of the lien as if it were a real property ad valorem tax, using all methods available for collecting real property ad valorem taxes, including specifically Chapter 4 of Title 48, Official Code of Georgia; provided, however, that the limitation of O.C.G.A. § 48-4-78 which requires 12 months of delinquency before commencing a tax foreclosure shall not apply. A county tax commissioner shall collect and enforce municipal liens imposed pursuant to this Ordinance in accordance with O.C.G.A. § 48-5-359.1. The tax collector or revenue officer shall remit the amount collected to the City Council for the City of Milton. Enforcement of liens pursuant to this section may be initiated at any time following receipt by the tax collector or revenue officer of the final determination of costs in accordance with this section. The unpaid lien amount shall bear interest and penalties from and after the date of final determination of costs in the same amount as applicable to interest and penalties on unpaid real property ad valorem taxes. An enforcement proceeding pursuant to O.C.G.A. § 48-4-78 for delinquent ad valorem taxes may include all amounts due under this section. The redemption amount in any enforcement proceeding pursuant to this section shall be the full amount of the costs as finally determined in accordance with this section together with interest, penalties, and costs incurred by the governing authority, tax collector, or revenue officer in the enforcement of such lien. Redemption of property from the lien may be made in accordance with the provisions of O.C.G.A. §§ 48-4-80 and 48-4-81. If legally possible and the property is still in existence, t he City Council may waive and release any such lien imposed on property upon the owner of such property entering into a contract with the city agreeing to a timetable for rehabilitation of the real property or the dwelling, building, or structure on the property and demonstrating the financial means to accomplish such rehabilitation. (l) Appeal; Injunction. Review of a court order requiring the repair, alteration, improvement, closure or demolition of a dwelling, building, structure, or property shall be by direct appeal to the superior court under Code Section 5-3-29. Any person affected by an order issued by the Public Officer may petition to the Fulton County Superior Court for an injunction restraining the Public Officer from carrying out the provisions of the order, and the court may, upon such petition, issue a temporary injunction restraining the Public Officer pending the final disposition of the cause; provided, however, that such person shall present such petition to the court within 15 days of the posting and service of the order of the Public Officer. De novo hearings shall 13 be held by the court on petitions within 20 days. The court shall hear and determine the issues raised and shall enter such final order or decree as law and justice may require; provided, however, that it shall not be necessary to file bond in any amount before obtaining a temporary injunction under this section. Section 7. Posting of Notices on Dwellings and Other Structures Intended for Human Habitation (a) The Public Officer may post a notice of non-compliance and of actions taken by code enforcement officials or the court with respect thereto, and the fixing of penalties for the defacing, destruction, or removal of such notices; provided that no such notices shall be posted on any property then designated by proper governmental authority for acquisition by eminent domain. 14 Exhibit B (a) Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning: Structure unfit for human occupancy shall have the same meaning as provided in Article 4 of this Chapter. Unlawful structure means a structure: (1) Found in whole or in part to be occupied by more persons than permitted under this code; or (2) Erected, altered or occupied contrary to law. Unsafe equipment includes any boiler, heating equipment, elevator, moving stairway, electrical wiring or device, flammable liquid containers or other equipment on the premises or within the structure which is in such disrepair or condition that the equipment is a hazard to the life, health, property or safety of the public or occupants of the premises or structure. Unsafe structure means: (1) One that is found to be dangerous to the life, health, property or safety of the public or the occupants of the structure by not providing the minimum safeguards to protect or warn occupants in the event of fire; (2) Because such structure contains unsafe equipment; or (3) Is so damaged, decayed, dilapidated, structurally unsafe or of such faulty construction or unstable foundation, that partial or complete collapse is possible. (b) Condemnation finding. When a structure or equipment is found by the building official or his or her designee to be unsafe, or when a structure is found unfit for human occupancy, or is found unlawful, such structure shall be condemned pursuant to the provisions of Article 4 of this Chapter. STATE OF GEORGIA COUNTY OF FULTON ORDINANCE NO. AN ORDINANCE TO AMEND CHAPTER 54, TELECOMMUNICATIONS SECTIONS 54-3, 54-5(A), 54-6(f), 54-7(a)(1), AND 54-7(a)(2) TO INCLUDE THE DEFINITION OF “MODIFICATION(S)”, TO REVISE MAXIMUM TELECOMMUNICATION TOWER HEIGHTS, AND TO PROVIDE FOR AN EXPEDITED VARIANCE PROCESS BE IT ORDAINED by the City of Milton, GA while in a regularly called council meeting on _______ at 6:00 p.m., as follows: SECTION 1. That the amendment to Section 54-3, setting forth a definition for the term “modification” or “modifications,” is hereby adopted and approved; and is attached hereto as if full set forth herein; and SECTION 2. That the amendment to Section 54-5(a), as reflected in the highlighted language, is hereby adopted and approved; and is attached hereto as if fully set forth herein; and SECTION 3. That the amendment to Section 54-6(f), by inserting the modification to the table as reflected in the attached highlighted chart, is hereby adopted and approved; and is made a part hereof as if full set forth herein; and SECTION 4. That the amendment to Section 54-7(a)(1), as reflected in the highlighted language, is hereby adopted and approved; and is attached as if fully set forth herein; and SECTION 5. That the addition of Section 54-7(a)(2), as reflected in the highlighted language, is hereby adopted and approved, and is attached as if fully set forth herein; and SECTION 6. All ordinances, parts of ordinances, or regulations in conflict herewith are repealed; and SECTION 7. That this ordinance amendment shall become effective upon its adoption. ORDAINED this _____ day of ___________________, 2013. Approved: ____________________________________ Joe Lockwood, Mayor Attest: _____________________________________ (SEAL) Sudie AM Gordon Sec. 54-3. Definitions. For the purposes of this chapter, and where not inconsistent with the context of a particular section, the defined terms, phrases, words, abbreviations, and their derivations shall have the meaning given in this section. When not inconsistent with the context, words in the present tense include the future tense, words used in the plural number include words in the singular number, and words in the singular number include the plural number. The word "shall" is always mandatory, and not merely directory. As used in this chapter, the following terms shall have the meanings ascribed below: Abandonment means the intent to abandon or discontinue operations as evidenced by voluntary conduct such as written notice to the city to stop using the facility or failure to use a wireless telecommunications facility for a period of six months or more. Accessory facility or structure means an accessory facility or structure serving or being used in conjunction with the wireless telecommunications facilities, and located on the same property or lot as the wireless telecommunications facilities, including but not limited to: utility or transmission equipment storage equipment storage sheds or cabinets. Accessory use means a tower and/or antenna is considered a principal use if located on any lot or parcel of land as the sole or primary structure, and is considered an accessory use if located on a lot or parcel shared with a different existing primary use or existing structure. Antenna means a system of electrical conductors that transmit and/or receive electromagnetic waves or radio frequency or other wireless signals. Such shall include, but not be limited to radio, television, cellular, paging, personal telecommunications services (PSC), microwave telecommunications and services not licensed by the FCC, but not expressly exempt from the city's siting, building and permitting authority. Antenna array means a single set or group of antennas and their associated mounting hardware, transmission lines or other appurtenances which share a common attachment device such as a mounting frame or mounting support. Applicant means a person or entity submitting an application for a wireless telecommunications facility, including the property owner, antenna support structure owner, and any proposed tenants for the facility. Attached wireless telecommunications facility means an antenna or antenna array that is secured to an existing building or structure (except an antenna support structure) with any accompanying pole or device which attaches it to the building or structure, together with transmission cables, and an equipment cabinet, which may be located either on the roof or inside/outside of the building or structure. An attached wireless telecommunications facility is considered to be an accessory use to the existing principal use on a site. Co-location means a situation in which two or more wireless personal service providers place a wireless telecommunications antenna or antennas and feed lines on a common antenna support structure or other structure on which there is an existing antenna array. Concealed means a wireless telecommunications facility that is disguised, hidden, part of an existing or proposed structure or placed within an existing or proposed structure, to include antennas, ancillary structures, and utilities. Coverage means the geographic area reached by an individual wireless telecommunications facility installation. Directional antenna means an antenna or array of antennas designed to concentrate a radio signal in a particular area. Effective radio power (ERP) means the product of the antenna power input and the numerically equal antenna power gain. FAA means the Federal Aviation Administration. FCC means the Federal Communications Commission. Geographic search area (GSA) means an area designated by a wireless provider or operator for a new base station, produced in accordance with generally accepted principles of wireless engineering. Guy tower means a tower supported, in whole or in part, by guy wires and ground anchors. Height. See "Structure height." Historic structures means structures in Milton which have been formally designated as a historic structure as designated by the City Historic Preservation Commission or Georgia Historic Preservation Division of the Department of Natural Resources or the United States Department of the Interior; have sufficient historic merit as determined by the city council and the historic preservation commission so as to require preservation. Lattice tower means a guyed or self-supporting, open frame structure that has three or four sides used to support telecommunications equipment. Low power mobile radio service telecommunications facility means an unmanned facility which consists of equipment for the reception, switching and transmission of low power mobile radio service communications. Such facilities may be elevated, either building-mounted or ground-mounted; transmitting and receiving antennas; low power mobile radio service base equipment; or interconnection equipment. The facility types include: roof and/or building mounted facilities, freestanding low power mobile radio service facilities, and micro-cell or repeater facilities. Low power telecommunications facility means an unmanned facility consisting of equipment for the reception, switching and/or receiving of wireless telecommunications operating at 1,000 watts or less effective radiated power (ERP) including, but limited to the following: (1) Point-to-point microwave signals. (2) Signals through FM radio transmitters. (3) Signals through FM radio boosters under ten watts ERP. (4) Cellular, enhanced specialized mobile radio (ESMR), paging services and personal communications networks (PCN). (5) Private, low power mobile radio services which include industrial, land transportation, emergency public safety and government, automatic vehicle monitoring, personal mobile (CB's) and HAM operators. Low power telecommunications facility accessory building means an unmanned building used to house equipment related to a communications facility. Low power commercial radio mobile network means a system of low power commercial telecommunications facilities which allows wireless conversation to occur from site to site. Existing tower map refers to the siting map prepared by staff and approved by city council to identify existing sites where wireless telecommunications facilities are located as may be amended from time to time. Such map may be derived from propriety information submitted by wireless providers (see Map 1). Micro-cell means a low power mobile radio service telecommunications facility used to provide increased capacity in high call-demand areas or to improve coverage to weak areas. Micro-cells communicate with the primary low power mobile radio service facility in a coverage area via fiber optic cable or microwave. The typical coverage area for a micro-cell is a one-mile radius or less. Microwave antenna means a dish-like antenna used to link communications sites by wireless transmission of voice or data. Modification or Modifications shall have the same meaning as in O.C.G.A. 36-66B-3(7), except that modifications may also include: (i) an increase in structure height of a pre-existing tower up to 30% so long as such height increase does not trigger FAA lights requirements; or (ii) the removal and replacement of a pre-existing tower with a tower at the same location that may be up to 30% taller so long as any such structure height increase does not trigger FAA lighting requirements. Any modification under (i) or (ii) may only occur upon a demonstration deemed sufficient to the director that increasing structure height will allow collocation on the tower by a separate wireless service provider and that such collocation will obviate the need for a new wireless telecommunications facility in Milton. Any modification under (ii) shall, to the extent reasonably practicable, match the general design aesthetic of the pre-existing tower with an emphasis placed on stealth technology, though the director shall be authorized to allow reasonable changes in tower design to accommodate technology advances or engineering loading requirements. Any modification in compliance with (i) and (ii) shall authorize a corresponding percentage increase in the size of the associated equipment compound. Monopole means a cylindrical, self-supporting, i.e., not supported by guy wires, communications tower constructed of a single spire, used to support telecommunications equipment. Omni-directional antenna means an antenna that is equally effective in all directions, the size of which varies depending on the frequency and gain for which it is designed. Ordinary maintenance means the normal repair and maintenance of a telecommunications facility without adding, removing or changing any components of a telecommunications facility. Maintenance includes inspections, testing and modifications that maintain functional use, aesthetic and structural integrity. Ordinary maintenance includes replacing antennas and accessory equipment on a like-for-like basis within an existing telecommunications facility, strengthening the support structure's foundation or of the support structure itself, and relocating the antennas of approved telecommunications facilities to different height levels on an existing monopole or tower upon which they are currently located. Planning and zoning. See "Community development." Planning commission means the City of Milton Planning Commission. Preexisting towers and preexisting antennae means any tower or antenna for which a building permit or special use permit has been properly issued prior to the effective date of this chapter, including permitted towers or antennas that have not yet been constructed so long as such approval is current and not expired. Radiofrequency engineer means a radiofrequency expert with specialized training and experience in the development and analysis of telecommunication networks and facilities, or a professional engineer licensed in the State of Georgia and experienced in the telecommunications field; however, in the event that this chapter requires an engineering certification regarding structural loading or other certification associated with the safety or integrity of structures, a certification by a professional engineer licensed in the State of Georgia shall be required. Repeater means a low power mobile radio service telecommunications facility used to extend coverage of cell areas to areas not covered by the originating facility. Residential district shall mean any zoning district in the City of Milton that allows single- family residential uses as a permitted use. Currently this includes all zoning districts except C-1, C-2, M-1A, M-1 and M-2. Roof and/or building-mounted telecommunications facility means a wireless telecommunications facility in which antennas are supported entirely by a building other than a building accessory to a telecommunications facility and do not significantly change the profile of the existing structure and are not readily noticeable to the untrained eye. Existing structures include buildings, water tanks, towers, and utility poles. Such facilities may include micro-cell and/or repeater facilities. Scenic view means a wide angle or panoramic field of sight that may include natural and/or manmade structures and activities. A scenic view may be from a stationary viewpoint or be seen as one travels along a roadway, waterway, or path. A view may be to a far away object, such as a mountain, or a nearby object. Screening means the use of design, existing buildings and structures, existing buffers and proposed vegetation and color to obscure a wireless telecommunications facility. Sectorized panel antennas means an array of antennas, usually rectangular in shape, used to transmit and receive telecommunications signals. Separation means the vertical distance between one carrier's antenna array and the antenna array of another carrier. Siting means the method and form of placement of a wireless telecommunications facility on a specific area of a property. Stealth technology installation means manmade trees, clock towers, bell steeples, light poles and similar alternative-design structures, that in the opinion of the city council, are compatible with the natural setting and surrounding structures, and effectively camouflage or conceal the presence of antennas or towers. EXAMPLES OF STEALTH TECHNOLOGY Structure height means the distance measured vertically from the average ground elevation adjacent to the structure being measured to the highest point when positioned for operation. The height of a tower includes the height of any antenna positioned for operation attached to the highest point on the tower. Technically feasible and viable means capable of being provided through technology which has been demonstrated in actual applications (not simply through tests or experiments) to operate in a workable manner. Telecommunications facility means a telecommunications tower, monopole tower, antenna or any and all buildings, structures, or other supporting equipment used in connection with a telecommunications tower, monopole tower, or antenna. Tower means any structure designed primarily for the purpose of supporting one or more antennas used for transmitting or receiving analog, digital, microwave, cellular, telephone, personal wireless service or similar forms of electronic communication, including self- supporting lattice towers, guy towers or monopole towers constructed as a freestanding structure or in association with a building or other permanent structure. Towers include radio and television transmission towers, microwave towers, common-carrier towers, cellular and digital telephone towers, alternative tower structures, and the like. Whip antenna means an antenna that is cylindrical in shape. Whip antennas can be directional or omni-directional; size varies with the frequency and gain for which they are designed. Wireless service provider means any private or public entity engaged in the transfer of information over a distance without the use of electrical conductors. Wireless telecommunications facility (WTF) means a staffed or unstaffed commercial facility for the transmission and/or reception of radio frequency signals, or other wireless communications, and usually consisting of an antenna or groups of antennas, transmission cables and equipment enclosures, and may include an antenna support structure. The following nonexclusive list shall be considered a wireless telecommunications facility: new and existing antenna support structures, replacement antenna support structures, collocations on existing antenna support structures, attached wireless telecommunications facilities and concealed wireless telecommunications facilities. Also see "Telecommunications facility." WTF. See "Wireless telecommunications facility." (Ord. No. 10-08-70, § 1, 8-9-2010) Sec. 54-5. General requirements. (a) An application for a telecommunications facility permit shall be required for the construction or placement of all new wireless telecommunications facilities and attached wireless telecommunication facilities. The building permit process for collocations or modifications as defined in O.C.G.A. § 36-66B-3 and subsection 54-3 and as set forth in O.C.G.A. § 36- 66B-4(a) shall be governed by subsection 54-7(a) and no further requirements of this section shall be applicable unless a concurrent variance accompanying an application for modification is requested. If a concurrent variance associated with a modification is requested, subsection 54-7(a)(2) shall receive compliance. Permits for all other telecommunications facilities shall be processed in accord with subsection 54-7(b). Telecommunications facility permits shall be reviewed by the mayor and city council in accordance with the standards set forth in this chapter. Approval of any application for the construction of a new tower or placement of an antenna (exempting antenna placement on a previously approved wireless support structure as defined at O.C.G.A. § 36-66B-3(9) or modification of wireless facilities as defined at O.C.G.A. § 36-66B-3(8)) shall be based on consideration of the following factors: (1) Demonstrated need for proximity to residential structures and residential district boundaries; (2) Demonstrated need for the proposed height of the tower; (3) Minimal impact on the use of adjacent properties; (4) Surrounding topography, tree coverage and foliage that buffer the potential visual impact of the telecommunications facility; (5) Design of the facility, with particular reference to design characteristics which have the effect of reducing or eliminating visual obtrusiveness, to include consideration of stealth technology installations; (6) Proposed ingress and egress; (7) Availability of suitable existing towers, other structures, or alternative/emerging technologies (microcells) not requiring the use of towers or structures. (8) Demonstrated need for the telecommunications facility at the specified site. (9) With reference to the City of Milton Existing Tower Map, as amended. Sec. 54-6. Development requirements for towers. (f) All new towers must meet the following maximum heights and be designed and built in a manner that allows other entities to co-locate on the structure using the following guidelines: MAXIMUM TELECOMMUNICATIONS TOWER HEIGHTS Zoning District Two Users Three Users Four Users O-I 120′ 150′ 150′ C-1/C-2/M-1/M-1A/M- 2/A/AL/AG-1 120′ 150′ 150′ Modification to Pre- existing towers Up to 30% increase* Up to 30% increase* Up to 30% increase* *30% maximum increase in tower height shall be measured from height of pre-existing tower. In no event may height increase trigger FAA lighting requirements. Sec. 54-7. Approval process. (a) The following uses are subject to expedited approval, which shall be defined as approval within 60 days of receiving applications, supporting engineering certifications and lease approval, if any, without the necessity of public hearing: (1) Collocation on a previously approved wireless support structure as defined at O.C.G.A. § 36-66B-3(8) or modification of wireless facilities as defined at O.C.G.A. § 36-66B-3(9). However, with respect to applications for collocation that do not independently satisfy the definition of modification, if any of the following apply: a. The proposed collocation increases the overall height or width of the wireless support structure to which the wireless facilities are to be attached; b. The proposed collocation increases the dimensions of the equipment compound approved by the local governing authority; c. The proposed collocation does not comply with applicable conditions of approval, if any, applied to the initial wireless facilities and wireless support structure, as well as any subsequently adopted amendments to such conditions of approval; and d. The proposed collocation exceeds the applicable weight limits for the wireless support structure, as demonstrated by a letter from a structural engineer licensed to practice in this state; then expedited permitting under subsection 54-7(a) shall not apply and the applicant shall be required to utilize subsection 54-7(b). (2) If a proposed modification will result in a buffer encroachment, tower setback encroachment, or other condition on property requiring a variance from any of the provisions of Chapter 54 (other than allowed modified height and associated equipment compound increases), then the applicant shall be required to tender a variance request as part of the modification application. The variance request will be considered by the mayor and city council concurrently with the request for modification, and notwithstanding any provision of Chapter 64 regarding the processing or advertising of variances, a request for variance made hereunder shall only be required to adhere to the procedural requirements of the State of Georgia Zoning Procedures Law, O.C.G.A. 36-66-1, et. seq. HOME OF 'THEBEST QUALITY OF LIFE IN GEORGIA' MI LTON* ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: June 21, 2013 FROM: City Manager AGENDA ITEM: HD13-01 — Consideration of an Ordinance for Historic Designation of the Property Located at 15690 Hopewell Road (The Hopewell House). MEETING DATE: Monday, July 1, 2013 Regular City Council Meeting. BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: ,APPROVED () NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: (YES ()NO CITY A TTORNEY REVIEW REQUIRED.- ()(YES () NO APPROVAL BY CITY ATTORNEY JAPPROVED (} NO T APPRO VED PLACED ON AGENDA FOR: Q 70 1 13 REMARKS ® Youm- � PHDNE: 678.242.2500 1 FAX: 678.242.2499 •Green *Certified*f0a Community h info®cityofmiltonga.us I www.c1tyofm11tonga.us 7/y��ry ► —..-, �,,,,�.. I,Df - 13000 Deerfield Parkway Site 07 1 Milton GA 30004 " C€RTMEO 13R9NZF - ff 1 6/24/13 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 6/24/13 AERIAL VIEW/SITE LOCATION MAP COMMUNITY DEVELOPMENT STAFF ANALYSIS STAFF CONTACT: ANGELA RAMBEAU 678.242.2539 3 6/24/13 LOCATION— Located within Land Lot 403, at the NW corner of Birmingham Road and Hopewell Road. LEGAL DESCRIPTION---- 4 6/24/13 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 intact, 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 6/24/13 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 intact 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 intact 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 6/24/13 Exterior site plan, as is 1 2,3 4,5 6 8 7 6/24/13 View 1--Existing house, 2012 8 6/24/13 View 2, side porch and master bedroom addition View 3, Side view 9 6/24/13 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 6/24/13 View 6 Garage/shed 11 6/24/13 View 7, side of house, from southwest View 8 , Back of house, facing north 12 6/24/13 13 6/24/13 The interior of one of the parson's rooms 14 6/24/13 One of the original 'pens' with original fireplace and floors The other 'pen' and original fireplace 15 6/24/13 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 15th day of July, 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 15th day of July, 2013. Approved: _______________________ Joe Lockwood, Mayor Attest: _______________________________ Sudie AM Gordon, City Clerk (SEAL) HOME OF'THE BEST QUALITY OF LIFE IN GEORGIA' MILTON*k ESTABLISH. ED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: June 21, 2013 FROM: City Manager AGENDA ITEM: Ratification of Modifications to the Milton Strategic Plan 2012-2015 Clarifying Key Stakeholders. MEETING DATE: Monday, July 1, 2013 Regular City Council Meeting. BACKGROUND INFORMATION: (Attach additional pages it necessary) See attached memorandum APPROVAL BY CITY MANAGER: YAPPROVED (} NO T APPRO VED CITY A TTORNEY APPRO VAL REQUIRED: (} YES x NO CITY ATTORNEY REVIEW REQUIRED: { } YES �No APPROVAL BY CITY ATTORNEY () APPROVED (} NOTAPPROVED PLACED ON AGENDA FOR: d7a/ 13 PHONE: 678.242.25001 FAX: 67$.242.2499 ••�• 'Green ` : ceMirled ; ' info@ci ofmilton a.us www.ci ofmiiton a.us ' Carmmunity i E E fY 9 I tY s •� 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 Page 1 of 2 To: Honorable Mayor and City Council Members From: Chris Lagerbloom, City Manager Date: Submitted on June 19, 2013 for the July 1, 2013 Regular Council Meeting Agenda Item: Ratification of Modifications to the Milton Strategic Plan 2012-2015 Clarifying Key Stakeholders. ____________________________________________________________________________ Department Recommendation: Ratification of the modifications made to the Strategic Plan 2012-2015 document as recommended by Council during the May 2013 Strategic Plan Workshop. Executive Summary: Council and Staff met on May 3, 2013 to review the Strategic Plan 2012-2015. Based on recommendations made during the workshop, the following changes have been made to the document: Stakeholder group “Families (including youth)” has been changed to “Residential Community”. Stakeholder group “Equestrian Community” has been changed to “Rural Land Owners”. In addition, Stakeholder Champion names were also updated to reflect current staff assignments. Funding and Fiscal Impact: None Alternatives: Leave Strategic Plan Document in its original state. Legal Review: N/A Concurrent Review: Chris Lagerbloom, City Manager Strategic Plan 2012-2015 Changes Page 2 of 2 Attachment(s): Strategic Plan 2012-2015 document Page 1 of 3 STATE OF GEORGIA COUNTY OF FULTON RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COUNCIL TO ADOPT THE CHANGES TO THE CITY OF MILTON STRATEGIC PLAN 2012-2015 DOCUMENT THE COUNCIL OF THE CITY OF MILTON HERBY RESOLVES while in regular session on the 1st day of July 2013 as follows: WHEREAS, the Mayor and Council met for a Strategic Plan Workshop on May 3, 2013 to review the Strategic Plan 2012-2015; and WHEREAS, the Mayor and Council reviewed the plan document and made recommendations for changes; and WHEREAS, the Mayor and Council have determined that two of the three stakeholder groups’ names should be changed to be a more accurate reflection of who they are; and WHEREAS, the Mayor and Council have determined that “Residential Community” should replace the current stakeholder name of “Family (including youth)”; and WHEREAS, the Mayor and Council have determined that “Rural Land Owners” should replace the current stakeholder name of “Equestrian Community”; and WHEREAS, the Mayor and Council have determined that the names of the Stakeholder Champions should accurately reflect the current Champions; NOW, THEREFORE, LET IT BE RESOLVED, the Mayor and Council of the City of Milton does hereby approve the changes to the City of Milton Strategic Plan 2012-2015 document (exhibit A). Page 2 of 3 RESOLVED this 1st day of July, 2013. Approved: _______________________ Joe Lockwood, Mayor Attest: ___________________________ Sudie AM Gordon, City Clerk (SEAL) Page 3 of 3 EXHIBIT A 1 Revised June 2013 2 To: The Citizens of the City of Milton, Georgia City Staff It is with great pride that I present to you the City of Milton’s first strategic plan, the result of literally hundreds of hours of hard work, spirited debate and valuable input from residents, volunteers, staff and my fellow elected officials. A special thank you goes out to Alysin and Frank Foster of the Centre for Strategic Management for their calm and measured guidance throughout this process. I’d like you to notice a few things about this document as you read through it to give you a deeper understanding of this process and end product. 1. The purpose of a strategic plan is to provide city staff a road map for successfully navigating the priorities agreed upon (in as much as that is possible) by the community. It gives large sign posts and directions – but doesn’t trace every step. Thus, you’ll notice this plan is not incredibly specific about how the strategies outlined will be fully implemented into City Hall culture. This will be the purpose of departmental plans, which will be created for the next three budget years based on this document. I think you’ll find in the next three years that what we set out to accomplish in this plan will come to fruition, and that this document won’t simply gather dust. 2. This strategic plan covers three years: 2012 to 2015. If you do not see an issue covered extensively in the document, it is likely that goal could not be accomplished in this specific time frame. The strategic plan also doesn’t supersede those long-term issues – rather, these shorter spans of work will often complement those bigger tasks. Traffic is a good example. We know traffic is an issue in many parts of Milton. However, this long- term issue is covered extensively in the City of Milton Comprehensive Transportation Plan and tangentially in the City of Milton Comprehensive Plan (both available online). By identifying that we want to “Provide Responsive and Responsible Government” over the next three years, we are committing ourselves to executing those long term plans, which represent community desires. 3. The stakeholders outlined in the plan were identified by myself and the City Council as those most affected by our work in the next three years. Exclusion of a specific group does not mean they are not vital components to the health of Milton, rather that they likely would be more affected by longer- term planning documents. With that said, please take a few minutes to see what our hard-working moderators, volunteers and staff have created. I think everyone can agree that most, if not all, of the strategies included in the plan are what’s best for our city. And remember – it doesn’t end here. There’s always work to be done, and I’m confident our city will always provide the great minds to see it completed. Sincerely, Joe Lockwood Mayor, City of Milton 3 To: The Citizens of the City of Milton, Georgia The Honorable Mayor Joe Lockwood and Members of Council City Staff Longer-term planning is important so that direction can be set – and progress can be documented. It is for this reason we challenged ourselves to complete and deliver Milton’s first strategic plan. The result is a plan I am honored to deliver to the City of Milton. Throughout the Strategic Planning process, we often asked ourselves the question, “Why plan?” The answer always came back to two tenets: direction and vision. This plan has purpose if it brings value to the key stakeholders and is utilized to promote the direction and vision agreed upon by citizens and elected officials. It is for that reason our work isn’t done. Instead, we must remain vigilant that our operations align with the mission, vision and values of the City of Milton outlined in this plan. As we undertake this mission, I am excited for the opportunity to: challenge the status quo; figure out ways in which we can work smarter; understand the paths to engage and communicate with each other better; and find ways to build upon the success of the last couple years. The City of Milton is committed to executing the strategies outlined in this plan. This document, and others, will directly tie into future budgeting and decision making. The Milton management team supports this plan’s direction and looks forward to delivering on its promise. I want to take the time to thank the Strategic Planning Team. Hours of hard work, solid debate, open dialogue and willingness to accept feedback brought this process to where it is today. I especially want to take the opportunity to offer a special thanks to the citizen volunteers who gave of their time and talents to work on this plan. Rita, Mike, Carrie, Jack and Cliff – thank you! So, I say, we have a plan, let us move forward. Sincerely, Christopher J. Lagerbloom City Manager 4 Table of Contents Introduction 5 Executive Summary 6 Strategic Management Process 8 Strategic Planning Team 9 Strategic Plan 10 Appendix Current Critical Issues 18 Current Sources/Uses of Funding 22 Current State Assessment 24 Key Success Measure Glossary 28 Strategic Direction Alignment Matrix 31 Epilogue 33 5 INTRODUCTION It is truly a unique opportunity in the State of Georgia to be able to create a new city. The City of Milton, along with two other North Fulton County cities, was able to do just that recently. With any start-up effort of this magnitude, there is a need for much planning. Over the last four years, the City of Milton has laid much of that ground work with the development of many plans that the City has completed or will be completing very soon. Comprehensive planning, transportation planning, pavement management planning and planning to meet the safety needs of the community are also very much a part of how we look toward the future. By design, each of these plans work in concert to chart a true direction for Milton. With a need to somehow tie all of these various plans together, The Milton City Council held a Strategic Focusing Retreat on 4/23/10 with the facilitation assistance of Alysin and Frank Foster of the Centre for Strategic Management to set the future strategic direction for the City for the next 3-5 years. At their Retreat, the Council considered the City’s many stakeholders – all were important and all had compelling needs. Knowing that they could not meet every stakeholder’s needs effectively with there being only so much time, energy and resources they could devote, they asked themselves, “To whom can the City of Milton bring the greatest value over the next three years?” After much discussion and deliberation, the Council officially identified the following stakeholders as the key focus of the City’s time, energy and resources for their 2012 -2015 Strategic Plan: - Residential Community* - Business Community - Rural Land Owners* The Council also validated the Vision that was created during the early formation of the City, and passed it along to the Planning Team to craft a Mission and a roadmap of priorities to achieve the Council’s desired strategic direction for the next 3-5 years. UPDATE *May 2013 Strategic Plan Workshop with Council and Staff: To more accurately portray the stakeholder groups: “Families (including youth) became “Residential Community” and the “Equestrian Community” became “Rural Land Owners”. 6 EXECUTIVE SUMMARY Under the leadership of the City Manager, the City of Milton held its first Strategic Planning session on 11/17/10. The Strategic Planning Team selected by the Council to develop the Plan was comprised of several city staff members, joined by citizen representatives who advocated for the various stakeholder groups. The Planning Team met for approximately 6 months to create a strategic roadmap for 2012 -2015 as the Council had requested. During the six months of meetings, the Team systematically, through a Strategic Management Process, laid out their steps to the Plan, including: - Scanning the internal and external environment for current trends, clues, and indications of events or factors that might have an impact on the successful execution of the Strategic Plan. - Validating the identified key stakeholders’ needs and requirements and how the successful achievement of the Plan could add value to each of these stakeholders over the next three years. - Validating the Council’s Vision and crafting a Mission which helps set the future direction for the Plan, and ultimately for the City. - Conducting comparison research of other cities across the nation to learn from and which “Best Practices” could be gleaned. - Looking at themselves honestly and assessing their current strengths, weaknesses, opportunities and threats for achieving their desired Vision and Mission. - Crafting 5 Core Strategies that would mobilize the City to action and that would close the gap between where the City is today and where they aspire to be in the future to achieve the Vision and Mission they see. - Identifying the necessary high level Strategic Actions that would make the strategies come alive and engage the City and community in executing them. - Adopting a set of Core Values which will help guide the City’s day-to-day behavior, decision- making, and interactions with others. - Identifying areas for strategic measurement that establish the baselines for their measures. This management tool assists the Council and Administration in gauging whether they are on track for achieving their Vision and Mission, adding value to the key stakeholders, and holding themselves accountable. - Soliciting feedback on whether the evolving Plan was on track and gathering new input into the Strategic Plan through stakeholder focus groups, namely the Home Owners’ Association Presidents, the Horse Council, The Business Alliance, City-appointed Boards & Committees, and the employees of the City of Milton. They also held a feedback and input session for the Community-at-Large. All input was considered by the Planning Team. Those contributions that were strategic in nature were incorporated into the Strategic Plan and those that were more about day-to-day operations will be considered and detailed in the development of the various Department Plans of the City Administration. 7 - Setting the stage for resource decisions for a multi-year budget process so the City can be held accountable for outcomes involving the expenditure of taxpayer funds. - Presenting the Mayor and Council with drafts of the Plan to review and provide feedback. As a second step to this process, operational plans defining the “how to’s” will be detailed and completed within the individual city departments. A Plan is only as good as its execution. To keep the outcomes of this Strategic Plan dynamic, viable, relevant, and continually adding value, its implementation will include detailed Departmental Plans, regular Council review and Administration monitoring, and periodic on-going feedback from key stakeholders. 8 Strategic Management Process The Strategic Management Process Strategic Thinking is about clarifying the Direction and Vision of the whole organization – and its success measures and goals. It asks Five Strategic Thinking Questions – in sequence: PHASE A: Where do we want to be? PHASE B: How will we know when we get there? PHASE C: Where are we now? PHASE D: How do we get there? PHASE E: Ongoing: What will/may change in your environment in the future? The City’s Core Planning Team gave very thoughtful consideration to each one of the 5 phases of the Strategic Management Process as graphically depicted in the model below: Property of the Centre for Strategic Management and all Rights are Reserved -2011 9 2012 – 2015 Strategic Planning Team City Council Members Joe Lockwood – Mayor Karen Thurman – District 1 Julie Zahner Bailey – District 2 William C. “Bill” Lusk – District 3 Burt Hewitt – District 4 Joe Longoria – District 5 Alan Tart – District 6 Core Planning Team Members Community Members Jack Flowers – Milton Citizen, Member of Horse Council Clifford Jones – Principal, Milton High School Michael McAlpin – Milton Citizen Carrie Schwimmer – Milton Branch Manager, RBC Bank U.S.A. Rita Young – Milton Citizen; All About Developmental Disabilities, Inc. City Administration Chris Lagerbloom – City Manager Cyndee Bonacci – Director, Parks and Recreation Robert Edgar – Fire Chief Deborah Harrell – Police Chief Stacey Inglis – Director, Finance Carter Lucas – Director, Public Works Sam Trager – Director, Human Resources Lynn Tully – Director, Community Development Jason Wright – Communications Manager Sudie Gordon – City Clerk Linda Matthews – Executive Aide Strategic Plan Facilitators Alysin & Frank Foster – Centre for Strategic Management 10 City of Milton 2012 – 2015 Strategic Plan (Revised Draft – 05/22/11)) Vision: “Milton is a distinctive community embracing small-town life and heritage while preserving and enhancing our rural character. “ Mission: “The City of Milton will provide opportunity and value in a responsive and responsible environment through active partnerships with the community and its stakeholders.” Key Stakeholders for the 2012 – 2015 Strategic Plan:  Residential Community*  The Business Community  Rural Land Owners The City of Milton Council, Administration and Staff embrace the following Core Values that they will strive to live by, incorporate into their decision making and keep in the forefront in the way they treat their stakeholders. The City of Milton’s Strategic Direction is established in its Vision and Mission Statements. They define the City’s focus and the value they want bring over the next three years. The City Council gave careful consideration to all of those who have the greatest stake in the Plan’s success and identified three key stakeholders for the next three years. It is important to note there are many other important stakeholders who make our community complete, but given a finite amount of time, energy and resources they can be committed for the life of this short, three-year plan, the following Key Stakeholders were identified. UPDATE *May 2013 Strategic Plan Workshop with Council and Staff: To more accurately portray the stakeholder groups: “Families (including youth) became “Residential Community” and the “Equestrian Community” became “Rural Land Owners”. 11 Core Values: The City of Milton’s core values: Innovation: We proactively explore new modes and models of conducting public service and utilize, among other avenues, partnerships with local governments, schools and community groups, all while remaining committed to providing cutting-edge, budget-conscious solutions to community needs. Quality: We take the time and effort to produce results that reflect and perpetuate the community’s pride in Milton’s natural beauty and standard of living in all aspects of local government, from staff’s daily interactions with residents, to large-scale building projects, to long-range planning and policy decisions. Integrity: We conduct all business according to the most stringent ethical standards, manifesting the public’s need for honest, open representation and service. Transparency: We are motivated by the desire to improve the lives of residents and, in order to promote participation by the citizens and accountability in our actions, committed to maintaining a visible and predictable environment. Respect: We conduct each citizen and staff encounter with esteem for the sense of worth or excellence deserving of the individual in order to build better communication and stronger relationships. Fiscal Responsibility: We maintain a balanced budget that exhibits a continuing commitment to accurately and ethically generating revenue, maximizing resources and monitoring spending. Professional Development: We place the needs, welfare and well-being of our employees in the highest regard because we recognize people are our most precious and vital resource. After conducting a Current State Assessment, the Planning Team was able to identify “gaps” between the value they want to bring to their stakeholders and where they assess their current ability to deliver on that value. The Current State Assessment (S.W.O.T.) revealed Strengths that could be built upon over the next three years, Weaknesses they might have to overcome, Opportunities they may want to leverage, and/or potential Threats that may get in the way of the City being able to successfully achieve its Plan for their stakeholders. The following Strategies and Strategic Action Items were identified to help “close the gap” between where they are now and the value they want to bring their stakeholders. They focused on the “critical-few” strategies that would have the greatest impact and over which they had the most control or ability to influence. These Strategies will be assessed on an on- going basis to ensure they are continuing to be effective, efficient and having the intended impact. Strategy Champions have been identified to ensure the implementation of each strategy keeps moving forward. 12 Core Strategies: Strategy: Build Relationships Strategy Definition: Build lasting relationships that create and maintain Milton’s sense of community. Strategy Champions: Jason Wright & Jim Cregge Strategic Action Items: Strengthen Public Relations  Increase marketing and promotion: o Market the City as a reprieve from other local areas. o Create campaign to claim and identify with Milton. o Promote Milton to Milton (internal to Milton). o Implement a Milton “claim to fame” (attract controlled growth). o Continue to promote city’s attractiveness to citizens (what we are doing well). o Keep citizens informed of Milton’s actions. o Promote community events – art shows, concerts, lectures, and family-oriented activities.  Increase communication: o Promote and develop opportunities for citizen communication. o Communicate city’s goals at non-city/community events. o Create feedback loops.  Send out “How are we doing” surveys yearly.  Create comment cards and place them in city hall. o Communicate better between groups – community and employees. o Hold Open Houses at City Hall and other locations. o Engage citizens through common social networks. o Create a Milton “welcome” package through partnership with the Business Alliance. Bolster Community Collaboration  Foster and explore new and existing relationships with private entities to deliver services.  Foster and explore new and existing public partnerships. o Develop joint use, recreation areas, and facilities with schools.  Develop relationship with areas that might be under-represented, i.e. high density areas.  Publish partnerships with local non-governmental agencies and other governments.  Continue outreach to horse community and other groups that enhance Milton’s unique nature. 13 Citizen Engagement  Develop programs to keep volunteer base engaged.  Develop a Citizens Academy to educate on the function and capabilities of government o Department workshops.  Continue to encourage diverse perspectives.  Implement Hometown Heroes program. Strategy: Promote the Equestrian Lifestyle Strategy Definition: Supporting both equestrian culture and community through preservation and promotion. Strategy Champions: Robert Edgar & Jason Wright Strategic Action Items: Promote and Retain the Equestrian Culture and Community  Increase awareness of equestrian community.  Include equestrian uses in the city-wide trail plan.  Co-sponsor equestrian-related events.  Establish infrastructure requirements and development standards that are equestrian-friendly. Strategy: Protect and Preserve Open Space Strategy Definition: Actively promote the rural character of Milton through protection, preservation and acquisition of open space. Strategy Champions: Kathy Field & Deborah Harrell Strategic Action Items: Open Space Protection  Begin a “Greenspace Fund” for purchase of greenspace properties. *  Study the implementation of Conservation Subdivision Regulations. *  Define a Rural Protection Area. * Open Space Preservation  Create an Open Space Preservation Plan. *  Develop a Transfer of Development Rights Policy. * * These were extracted from the Comprehensive Plan 14 Strategy: Provide Responsible and Responsive Government Strategy Definition: Provide quality services in a fiscally responsible environment while maximizing resources. Strategy Champions: Carter Lucas & Sam Trager Strategic Action Items: Engage in Proactive Planning  Review and update existing ordinances.  Study Best Practices of other organizations.  Follow the Comprehensive Plan. * o Implement the Transportation Master Plan on schedule. ** o Avoid density in rural areas and encourage development in areas identified by the Comprehensive Plan. * o Build upon the positive attributes of the different areas of Milton. *  Continue to evaluate City facilities.  Develop and implement a Parks and Recreation Comprehensive Master Plan.  Update and begin implementation of city-wide trail plan.  Develop programs, activities, and events based on the 2010 Parks and Recreation Needs Assessment.  Develop and implement an infrastructure needs plan. ** o Implement continuous road improvements. o Improve transit opportunities. o Coordinate with state on traffic issues. o Utilize technology infrastructure to add efficiency. Provide Quality Services  Emphasize customer service.  Make services easily accessible and efficient.  Determine service standards for each department. o Develop, track and publish benchmarking statistics. o Develop corresponding levels of staffing. o Recruit and retain highly qualified staff. o Provide professional development opportunities  Ensure open access to all government documents. Seek Innovative Funding Strategies  Research new grant opportunities.  Evaluate current fee structure and study user fees. 15  Identify sustainable revenue sources.  Evaluate revenue enhancement opportunities.  Plan capital improvements funding source. * These were extracted from the Comprehensive Plan. ** These were extracted from the Transportation Master Plan Strategy: Structure Economic Growth Strategy Definition: Create a climate for economic success. Strategy Champions: Stacey Inglis & Kathy Field Strategic Action Items: Plan for Sustainable Growth  Conduct business development outreach.  Plan for appropriate growth.  Track and publish appropriate growth statistics.  Provide initiatives to promote development of commercially zoned areas that are vacant in accordance with the Comprehensive Plan.* Promote and Support Local Businesses  Promote Milton businesses to Milton residents and other Milton businesses. o Publish and distribute “Shop Local” guides.  Promote the city for business and real estate opportunities. * These were extracted from the Comprehensive Plan To assess whether they are on track with their Plan and continuing to add value to its stakeholders in terms of the services and processes as outlined, the City of Milton established its Key Success Measures. They are quantifiable expression of the outcomes of the Mission Statement. These measures were developed from the perspective of four critical areas: Financial, Key Stakeholders, Employees and Business/Process Improvement. They will be continuously monitored on a regular basis throughout the 2012-2015 Strategic Plan horizon. 16 Key Success Measures:  Growth in business receipts  Organizational cost to serve per citizen  Average scores from Satisfaction surveys, for each of the following stakeholders: o Residential Community* o Business owners o Rural Land Owners*  Number of business permits  Annual participation rate in official City/Partner sponsored events (Festivals, Concerts, etc.)  Number of new business start-ups  Amount of protected “Greenspace” acreage UPDATE *May 2013 Strategic Plan Workshop with Council and Staff: To more accurately portray the stakeholder groups: “Families (including youth) became “Residential Community” and the “Equestrian Community” became “Rural Land Owners”. 17 APPENDIX 18 Current Critical Issues 19 Critical Current & Future Issues for the City of Milton The Strategic Planning Team considered the current and future issues impacting the City of Milton. In doing so, the Team was able to be more anticipatory and have a better grounding in what the stakeholders will need and want from them going forward. These considerations could have a bearing on the successful achievement of the Strategic Plan and the delivery of value for the stakeholders.  Identity of Milton – what is Milton? / Old Milton-New Milton / 2 Milton’s (East & West) – what can be the balance between the 2/ random boundaries / the transition has been smooth, have not noticed any change in service level since became a city / lack of architectural consistency / citizens sleep here, but how many work, shop, do their daily business in Milton? / level of service expectations / Dynamic tension between the various parts of Milton – common ground  High expectations of citizens  Preservation of true agricultural areas – rural, pastoral / passionate about conservation  Traffic patterns  Transportation – no major thoroughfares  Zoning  Council support for the Plan  Construction of a new City Hall  Parks & Recreation – create & build / trails  Greenspace  Sustainability – environmental, economic, community, organizational / not at top of city’s agenda  Creating a downtown 20  Economic development – few commercial areas – Crabapple, Birmingham Crossing / empty commercial and retail buildings / lengths of commutes to work / impact on ISO rating / no local Chamber or Rotary  Rural Land Owner* – who are they? Number of farms, number of horses and amount of money they bring to the community / what percentage of the population do they represent? / what are their needs: how similar, how different / what is their true nature? *UPDATE During the May 2013 Strategic Plan Workshop with Council and Staff it was determined that “Rural Land Owners” best describes this group.  Definition of “growth” – “0” growth / density / encroachment on the equestrian areas / diversity  Education – co-exist / partner / implications of having a 2nd high school / shared resources  Length of planning processes – e.g. (3) years on the Comprehensive Plan / feeling a little “planned out”  Public safety – implications of future development on resources / implications for community planning /expansion of services / resources, e.g. special events  Creation of Milton County  Financial status of the city – need for critical infrastructure improvements, e.g. roads, bridges / not prepared for growth it has experienced / budget constraints / preserve what we have / no utilities / will hit a “cap” on the number of partners we can partner with  Technology – need to be technology-friendly as a community / demand and requirements for more data / more people using it / more complex / new entrants will want access to their business, City Hall / greater access from home & their cars / need for more power lines / sun- setting of old technology / outgrown current & wear and tear / ability to expand capabilities to accommodate new technologies, e.g. fiber optics, VOIP, cell towers, Wi-Fi coverage  Shift in pace – scrambling / patching / start-up mode vs. taking stock of what we have / finally feeling settled  Input participation – high expectations / how really representative was the input on the Comprehensive Plan? 21  City Administration – lean / smart / talented / technically skilled / hard-working / a tad cautious / good stewards / competitive pay and benefits / no real morale issues / not rooted in tradition, e.g. the way we have always done it / attracted by the challenge of its newness / opportunity to be “pioneers” / co-located / good collaboration between departments / cohesive / make sacrifices for one another  Coordination of plans – strategic plans with Comprehensive Plan / Transportation Plans / Trail Plans, etc. 22 Current Sources/Uses of Funding 23 Current Sources/Uses of Funding Sources of Funding Uses of Funding Current State Assessment (S.W.O.T.) Property Taxes 8,663,691$ 49.8% Other Taxes Local Option Sales Tax 3,540,000 Franchise Fees 1,700,000 Insurance Premium Tax 850,000 Business & Occupation Tax 578,000 Motor Vehicle Tax 450,000 Alcohol Beverage Excise Tax 281,000 Intangible Tax 160,000 Real Estate Transfer Tax 37,000 7,596,000 43.7% Licenses & Permits 263,750 1.5% Charges for Services 318,000 1.8% Fines & Forfeitures 502,500 2.9% Investment Income 15,000 0.1% Miscellaneous Revenue 37,802 0.2% Total Revenue 17,396,743$ 100.0% Mayor & Council 166,912 1.0% City Clerk 224,741 1.3% City Manager 297,343 1.7% General Admin 548,694 3.2% Finance 517,011 3.0%Legal 240,000 1.4% IT 525,571 3.0% HR 238,606 1.4% Risk Mgmt 175,621 1.0% PI & Mktg 85,371 0.5% Court 226,604 1.3% Police 2,524,380 14.5% Fire 4,196,653 24.1% EMS 136,881 0.8% Public Works 1,513,980 8.7% Parks & Rec 357,374 2.1% Comm Dev 652,724 3.8% Debt Service 716,543 4.1% Other Financing Uses 4,051,734 23.3% Fire 4,196,653$ 24.1% Other Financing Uses 4,051,734 23.3% Police 2,524,380 14.5% Public Works 1,513,980 8.7% Debt Service 716,543 4.1% Community Development 652,724 3.8% General Administration 548,694 3.2% IT 525,571 3.0% Finance 517,011 3.0% Parks & Recreation 357,374 2.1% City Manager 297,343 1.7% City Clerk 224,741 1.3% Legal 240,000 1.4% Human Resources 238,606 1.4% Municipal Court 226,604 1.3% Risk Management 175,621 1.0% Mayor & Council 166,912 1.0% EMS Operations 136,881 0.8% Public Info & Marketing 85,371 0.5% Total 17,396,743$ 100.00% 24 25 City of Milton Strategic Planning Current State Assessment S.W.O.T. Updated 02-23-11 By conducting a Current State Assessment, the Planning Team was able to identify “gaps” between the value they want to bring to the stakeholders and where they assess the City’s current ability to deliver on that value. The Current State Assessment (S.W.O.T.) revealed Strengths that could be built upon over the next three years, Weaknesses they might have to overcome, Opportunities they may want to leverage, and/or potential Threats that may get in the way of the City being able to successfully achieve its Plan for its stakeholders. The Current State Assessment helps the Team to identify Strategies and Strategic Action Items that will help “close the gap” between where the City is now and the value they want to bring its stakeholders in the future. STRENGTHS  The City of Milton doesn’t needlessly waste money  Fiscally conservative  Being geographically located next to established amenities, so we don’t have to provide everything  Demographics  Lack of development  One of last open spaces in metro area  There is a good mix of housing in the City. Just about any type housing someone is looking for is available.  Schools  Low Crime  Citizen Involvement  Uniqueness/Different  Access to 400  City is located near just about anything a resident could need. Shopping, highways, restaurants and reasonable access to a major airport.  Current political climate  Strong governmental leadership (elected officials and employees)  Senior staff is capable  Willingness to address community needs  Willingness to seek out input from the community  Partnerships with schools, communities and other governments  Open local government  The organization is small enough that it is easy to distinguish who is in charge  Focus on planning first  Relatively new residential infrastructure  Personal contact with citizens 26  Services offered by the City seem to be viewed positively by the community  Staffing is adequate to address identified priorities  City staff has good motivation from an energized public.  We try to provide good customer service – response to citizens.  Compared to other municipalities, Milton municipal taxes are relatively low. WEAKNESSES  Limited funding and revenue  Greenspace, parks and roads aren’t funded to full potential because of lack of funding  Lack of recreation opportunities (though that is now changing)  Difficult for city to increase millage rate  Traffic  Main arteries of city are through other jurisdictions – can't control traffic  Lack of downtown community/identity  There is no central district, place to gather. Sometimes unable to understand conflicting community priorities  Some view the Fulton County taxes as high  Not able to always provide level of service expected  There are expectations from residents for a higher level of service than provided by Fulton County pre-incorporation. Millage rate set to provide same level of services provided by Fulton County  Not actively attracting commercial businesses  Lack of mass transit options  Required legal and legislative process slows things.  Perceived as not being business-friendly  Current ordinances unable to protect greenspace, identified as a priority OPPORTUNITIES  Modest growth  Growth space and open land  Need to keep moving forward  The City is still young – can plan for future and change direction  Willing volunteers  Public trust  Have time to think through growth  Need to have citizen buy-in  Use of strong staff  Receptive council  New facilities  New parks  Planned developments  Partnerships  Technology 27 THREATS  Economy  Weak tax base  Urban sprawl  Disconnect among groups may create community friction  Lack of revenue sources  Budget  Comparisons to adjoining municipalities  Each group may have different needs - diversity may pit groups against each other. Example: equestrian vs. non-equestrian  Unknown changes in the political climate  Differing views for what is considered “progress”  Perception of government  Changes at State Capitol  Inability for the city to raise taxes  Changing leadership of elected officials  Potential loss of public support for the new city  Regulatory mandates  Increased demands on the city and staff with a constrained budget Additional Reflections from Comparison City Research and Team Reflections  There is no draw to come to Milton unless you live here  There are some who don’t want to make it easy to get through Milton, e.g. as a pass -through on your way to one of the neighboring cities  There is no historic attraction in Milton  We are here, but people don’t know we are / we lack an identity  We lack a centralized equestrian “voice”  Where is Milton’s end-game? / What does it want to end up being?  Use our growth as a strength  We have great proximity to GA 400 and other amenities / we are conveniently located no further than 6 miles from everything; thus we may not be able to draw people here; it may be sufficient to just have access to these amenities) 28 Key Success Measure Glossary 29 City of Milton 2012 – 2015 Strategic Plan Key Success Measure Glossary The “Key Success Measure Glossary” describes how the Key Success Measures are being defined, what the targets or trends will be, if known, how the data is being calculated to determine the measure, and the source from which that data will be drawn. Success Measure Target / Trend Calculation Source of Data Financial Success Measures  Growth in Business Receipts  Year 2012 - 20131  Year 2013 – 20142  Year 2014 – 20153 Occupational tax revenue Community Development Data 2. Organizational Cost to Serve per Citizen  Year 2012 - 20131  Year 2013 – 20142  Year 2014 – 20153 Projected spending vs. Actual spending General fund budget divided by population  Budget  2010 Census data adjusted annually based on Community Development estimates Key Stakeholder Measures 1. Average Scores from Satisfaction Surveys: 2. Residential Community 3. Business Owners 4. Rural Land Owners  Year 2012 - 20131  Year 2013 - 20142  Year 2014 - 20153 Percentages from surveys Survey results 30 Internal Business/Process Improvements 1. Number of Business Permits  Year 2012 - 20131  Year 2013 - 20142  Year 2014 - 20153 Net number of new business permits Community Development Data 2. Annual participation rate in official City/Partner sponsored events (Festivals, Concerts, etc.)  Year 2012 - 20131  Year 2013 - 20142  Year 2014 - 20153 Track separately the number of events and estimated number of attendees Parks & Recreation Data 3. Number of “New Business Startups”  Year 2012 - 20131  Year 2013 - 20142  Year 2014 - 20153 Number of new business (non- renewal) permits issued Community Development Data 4. Amount of protected “Greenspace” acreage  Year 2012 - 20131  Year 2013 - 20142  Year 2014 - 20153 Total acres of protected common or public greenspace – whether public or private ownership Community Development & GIS data Foot Notes:  Year 2012 - 20131 - Baseline to be established in the first Plan year  Year 2013 - 20142 - Target to be determined once baseline has been established  Year 2014 - 20153 - Target to be determined based upon target/trend established the previous year 31 Strategic Direction Alignment Matrix 32 Strategic Direction Alignment Matrix For the 2012-2015 Strategic Plan horizon, the following “Strategic Direction Alignment Chart” further details the City of Milton’s Vision, Mission and how they align with each of the Strategies and the Key Success Measures. Our Vision Statement: “Milton is a distinctive community embracing small-town life and heritage while preserving and enhancing our rural character.” Our 3 Year Mission Statement: “The City of Milton will provide opportunity and value in a responsive and responsible environment through active partnerships with the community and its stakeholders.” Build Relationships Protect and Preserve Open Space Provide Responsible and Responsive Government Promote the Equestrian Lifestyle Structuring Economic Growth Build lasting relationships that create and maintain Milton’s sense of community  Strengthen Public Relations  Bolster Community Collaboration  Citizen Engagement Key Success Measures  Average Scores from Satisfaction Surveys: o Residential Community o Business Owners o Rural Land Owners  Annual participation rate in official City/Partner sponsored events  Number of “New Business Startups” Actively promote the rural character of Milton through protection, preservation and acquisition of space  Open Space Protection  Open Space Preservation Key Success Measures  Average Scores from Satisfaction Surveys: o Residential Community o Business Owners o Rural Land Owners  Amount of protected “Greenspace” acreage Provide quality services in a fiscally responsible environment while maximizing resources  Engage in Proactive Planning  Provide Quality Services  Seek Innovative Funding Strategies Key Success Measures  Organizational Cost to Serve per Citizen  Average Scores from Satisfaction Surveys: o Citizen o Business Owners o Rural Land Owners Supporting both equestrian culture and community through preservation and promotion  Promote and Retain the Equestrian Culture and Community Key Success Measures  Average Scores from Satisfaction Surveys: o Equestrian Community  Amount of protected “Greenspace” acreage Create a climate for economic success  Plan for Sustainable Growth  Promote and Support Local Businesses Key Success Measures  Growth in Business Receipts  Average Scores from Satisfaction Surveys: o Citizen o Business Owners  Number of Business Permits  Number of “New Business Startups” 33 Epilogue It has been an honor and a privilege to have worked with the City of Milton on its first Strategic Plan. As the City closes out this phase of its work, we are reminded of a famous quote: “The only limits to our realization of tomorrow will be our doubts of today. Let us move forward.” Franklin D. Roosevelt We wish the City of Milton well as it embarks upon the journey of implementation towards the realization of its desired outcomes. Regards, Alysin & Frank Foster Centre for Strategic Management Conyers, GA (678) 458-4780