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HomeMy WebLinkAbout08-19-2013-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, August 19, 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. 13-185) 4) PUBLIC COMMENT 5) CONSENT AGENDA 1. Approval of the August 5, 2013 Regular City Council Meeting Minutes. (Agenda Item No. 13-186) (Sudie Gordon, City Clerk) MILTON CITY COUNCIL REGULAR COUNCIL MEETING AUGUST 19 , 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 an Agreement between the Georgia Department of Transportation and the City of Milton for Transportation Facility Improvements of SR 9 (Alpharetta Highway) at Bethany Bend Intersection Improvement Concept Study. (Agenda Item No. 13-187) (Carter Lucas, Public Works Director) 3. Approval of a Construction Services Agreement between the City of Milton and Superior Arbor Management, Inc. for the Removal and Disposal of Compromised Trees from the Public Right-of-Way at Various Locations. (Agenda Item No. 13-188) (Carter Lucas, Public Works Director) 4. Approval of a Services Agreement between the City of Milton and Emergency Communications Network, LLC. for the Provision of Emergency Notification Services to the Citizens of Milton. (Agenda Item No. 13-189) (Matt Marietta, Fire Marshal) 5. Approval of an Amendment to a Professional Services Agreement between the City of Milton and Tunnell-Spangler & Associates, Inc. (TSW) dated July 16, 2012 for the Purpose of Providing Coding Services for the Deerfield Form-Based Code Overlay Zone. (Agenda Item No. 13-190) (Kathleen Field, Community Development Director)` 6. Approval of Change Order #1 to the Professional Service Agreement between the City of Milton and Foresite Group, Inc. for the Master Planning, Public Involvement, Traffic Study and Design of Bell Memorial Park. (Agenda Item No. 13-191) (Jim Cregge, Parks and Recreation Director) 7. Approval of a Construction Services Agreement between the City of Milton and MRC Group LLC. for Sidewalk Trip Hazard Removal. (Agenda Item No. 13-192) (Carter Lucas, Public Works Director) 6) REPORTS AND PRESENTATIONS (None) 7) FIRST PRESENTATION 1. Consideration of an Ordinance to Amend Chapter 62, Article II, Taxicabs of the City of Milton Code. (Agenda Item No. 13-193) (Shawn McCarty, Police Captain) 8) PUBLIC HEARING (None) MILTON CITY COUNCIL REGULAR COUNCIL MEETING AUGUST 19 , 2013 Page 3 of 3 Persons needing special accommodations in order to participate in any City meeting should call 678-242-2500. 9) ZONING AGENDA 1. Consideration of RZ13-13 – Manor Bridge Road (South Side) and Hamby Road (Northeast Side) by Westminister Place, LLC to Rezone from AG-1 (Agricultural) to CUP (Community Unit Plan) to Develop 59 Single Family One (1) Acre Lots. (Agenda Item No. 13-180) (First Presentation at August 5, 2013 Regular City Council Meeting) (Kathleen Field, Community Development Director) 10) UNFINISHED BUSINESS 11) NEW BUSINESS 1. Consideration of a Resolution Accepting the Resignation of Council Member Lance Large, District 3/Post 2. (Agenda Item No. 13-194) (Ken Jarrard, City Attorney) 2. Consideration of a Resolution Appointing Fulton County Department of Elections to Act as the Municipal Election Superintendent for a City of Milton Special Election to be Held to Fill the Vacated District 3/Post 2 City Council Seat; Authorizing Fulton County Department of Elections, as Municipal Election Superintendent, to Call Said Special Election on Tuesday, November 5, 2013, Authorizing the City Clerk to Act as the Qualifying Officer to Provide Services in Regards to Qualifying Candidates for Election to Said Seat, and to Undertake any other such Duties as are Necessary to Accomplish the Holding of Said Special Election Setting the Date, Time and Fee for the Qualifying of Candidates; and for Other Purposes. (Agenda Item No. 13-195) (Ken Jarrard, City Attorney) 3. Consideration of an Ordinance to Amend the City of Milton Charter. (Agenda Item No. 13-196) (Discussed at the August 12, 2013 City Council Work Session) (Chris Lagerbloom, City Manager) 12) MAYOR AND COUNCIL REPORTS 13) STAFF REPORTS 14) EXECUTIVE SESSION (if needed) 15) ADJOURNMENT (Agenda Item No. 13-197) The minutes were provided electronically HOME OF `THE BEST QUALITY OF LIFE IN GEORGIA' MILTON* F.-ST11i1.15}1F1) 2006 CITY COUNCIL AGENDA ITEM TO: City Council FROM: City Manager DATE: August 9, 2013 AGENDA ITEM: Approval of an Agreement between the Georgia Department of Transportation and the City of Milton for Transportation Facility Improvements of SR 9 (Alpharetta Highway) at Bethany Bend Intersection Improvement Concept Study. MEETING DATE: Monday, August 19, 2013 Regular City Council Meeting. BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: APPROVED CITY ATTORNEY APPROVAL REQUIRED: O(YES CITY ATTORNEY REVIEW REQUIRED: OYES APPROVAL BY CITY ATTORNEY PLACED ON AGENDA FOR: REMARKS APPROVED d 2101 13 {} NOTAPPROVED (} NO { } NO (} NOTAPPROVED �� �� �* ir* r�W,oa PHONE. 678.242.25001 FAX: 678-242.2499 . 7,, -Green 4r , certified infoOcifyofmiltonga.us I www.cifyofmllfonga.us '"" Community ; 5 ; # 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 - zE ',"'�° "° `E - 1jr, To: Honorable Mayor and City Council Members From: Sara Leaders, PE, Transportation Engineer Date: Submitted on August 1, 2013 for the August 19, 2013 Regular Council Meeting Agenda Item: Approval of an Agreement between the Georgia Department of Transportation and the City of Milton for Transportation Facility Improvements of SR 9 (Alpharetta Highway) at Bethany Bend Intersection Improvement Concept Study ____________________________________________________________________________ Department Recommendation: Approval. Executive Summary: The SR 9 (Alpharetta Highway) at Bethany Bend Intersection Improvement Concept Study was an identified project from a recently completed Livable Centers Initiative plan in the area. Although several ideas for improving this intersection were considered as part of the LCI plan, the Milton Comprehensive Transportation Plan (CTP), and other traffic studies, a detailed intersection analysis and concept design was recommended to select the most appropriate improvement. The goal of this planning project is to assess the transportation impacts of various intersection improvement alternatives, determine the preferred location for the improvement, prepare mapping, identify environmental impacts and permits required to construct the project and prepare concept plans for three alternatives. The concept plans will include design features that would be aesthetically pleasing and complement area and to develop in a way that is physically possible and cost effective. Funding and Fiscal Impact: Funding for this project is available in the Capital Grant fund SR 9 at Bethany Bend account and 80% of the project is reimbursable. Alternatives: There are no alternatives to this project. Legal Review: Jarrard & Davis, LLP – Paul Higbee, 7/26/2013 Concurrent Review: Chris Lagerbloom, City Manager Attachment(s): Project Framework Agreement Project # 0012625 City of Milton Revised: 12/2011 1 AGREEMENT BETWEEN DEPARTMENT OF TRANSPORTATION STATE OF GEORGIA AND THE CITY OF MILTON FOR TRANSPORTATION FACILITY IMPROVEMENTS This Framework Agreement is made and entered into this _____ day of ____________, 20_ _, by and between the DEPARTMENT OF TRANSPORTATION, an agency of the State of Georgia, hereinafter called the "DEPARTMENT", and the CITY OF MILTON, acting by and through its Mayor and City Council, hereinafter called the "LOCAL GOVERNMENT". WHEREAS, the LOCAL GOVERNMENT has represented to the DEPARTMENT a desire to improve the transportation facility described in Attachment “A”, attached and incorporated herein by reference and hereinafter referred to as the "PROJECT"; and WHEREAS, the LOCAL GOVERNMENT has represented to the DEPARTMENT a desire to participate in certain activities, including the funding of certain portions of the PROJECT and the DEPARTMENT has relied upon such representations; and Project # 0012625 City of Milton Revised: 12/2011 2 WHEREAS, the DEPARTMENT has expressed a willingness to participate in certain activities of the PROJECT as set forth in this Agreement; and WHEREAS, the DEPARTMENT has provided an estimated cost to the LOCAL GOVERNMENT for its participation in certain activities of the PROJECT; and WHEREAS, the Constitution authorizes intergovernmental agreements whereby state and local entities may contract with one another “for joint services, for the provision of services, or for the joint or separate use of facilities or equipment; but such contracts must deal with activities, services or facilities which the parties are authorized by law to undertake or provide.” Ga. Constitution Article IX, §III, ¶I(a). NOW THEREFORE, in consideration of the mutual promises made and of the benefits to flow from one to the other, the DEPARTMENT and the LOCAL GOVERNMENT hereby agree each with the other as follows: 1. The LOCAL GOVERNMENT has applied for and received “Qualification Certification” to administer federal-aid projects. The GDOT Local Administered Project (LAP) Certification Committee has reviewed, confirmed and approved the certification for the LOCAL GOVERNMENT to develop federal project(s) within the scope of its certification using the DEPARTMENT’S Local Administered Project Manual procedures. The LOCAL GOVERNMENT shall contribute to the PROJECT by funding all or certain portions of the PROJECT costs for the preconstruction engineering (design) activities, Project # 0012625 City of Milton Revised: 12/2011 3 hereinafter referred to as “PE”, all reimbursable utility relocations, all non-reimbursable utilities owned by the LOCAL GOVERNMENT, railroad costs, right of way acquisitions and construction, as specified in Attachment “A”, affixed hereto and incorporated herein by reference. In addition, the September 17, 2010 Planning Office memorandum titled “Preliminary Engineering Oversight for Project Managers/Project Delivery Staff”, outlines the five (5) conditions when the LOCAL GOVERNMENT will be requested to fund the PE oversight activities at 100%, and is enclosed as Attachment “C” and incorporated herein by reference. Expenditures incurred by the LOCAL GOVERNMENT prior to the execution of this AGREEMENT or subsequent funding agreements shall not be considered for reimbursement by the DEPARTMENT. PE expenditures incurred by the LOCAL GOVERNMENT after execution of this AGREEMENT shall be reimbursed by the DEPARTMENT once a written notice to proceed is given by the DEPARTMENT. 2. The DEPARTMENT shall contribute to the PROJECT by funding all or certain portions of the PROJECT costs for the PE, right of way acquisitions, reimbursable utility relocations, railroad costs, or construction (specified in Attachment “A”) affixed hereto and incorporated herein by reference, and none of the five (5) conditions apply from the Planning Office memorandum dated September 17, 2010 (specified in Attachment “C”). 3. The DEPARTMENT shall provide a PE Oversight Estimate to the LOCAL GOVERNMENT, if appropriate, appended as Attachment “D” and incorporated by reference as if fully set out herein. The LOCAL GOVERNMENT will be responsible for Project # 0012625 City of Milton Revised: 12/2011 4 providing payment, which represents100% of the DEPARTMENT’s PE Oversight Estimate at the time of the Project Framework Agreement execution. If at any time the PE Oversight funds are depleted within $5,000 of the remaining PE Oversight balance and project activities and tasks are still outstanding, the LOCAL GOVERNMENT shall, upon request, make additional payment to the DEPARTMENT. The payment shall be determined by prorating the percentage complete and using the same estimate methodology as provided in Attachment “D”. If there is an unused balance after completion of all tasks and phases of the project, then pending a final audit, the remainder will be refunded to the sponsor. 4. It is understood and agreed by the DEPARTMENT and the LOCAL GOVERNMENT that the funding portion as identified in Attachment “A” of this Agreement only applies to the PE. The Right of Way and Construction funding estimate levels as specified in Attachment “A” are provided herein for planning purposes and do not constitute a funding commitment for right of way and construction. The DEPARTMENT will prepare LOCAL GOVERNMENT Specific Activity Agreements for funding applicable to other activities when appropriate. Further, the LOCAL GOVERNMENT shall be responsible for repayment of any expended federal funds if the PROJECT does not proceed forward to completion due to a lack of available funding in future PROJECT phases, changes in local priorities or Project # 0012625 City of Milton Revised: 12/2011 5 cancellation of the PROJECT by the LOCAL GOVERNMENT without concurrence by the DEPARTMENT. 5. In accordance with Georgia Code 32-2-2, the LOCAL GOVERNMENT shall be responsible for all costs for the continual maintenance and operations of any and all sidewalks and the grass strip between the curb and sidewalk within the PROJECT limits. The LOCAL GOVERNMENT shall also be responsible for the continual maintenance and operation of all lighting systems installed to illuminate any roundabouts constructed as part of this PROJECT. Furthermore, the LOCAL GOVERNMENT shall also be responsible for the maintaining of all landscaping installed as part of any roundabout constructed as part of this PROJECT. 6. Both the LOCAL GOVERNMENT and the DEPARTMENT hereby acknowledge that Time is of the Essence. It is agreed that both parties shall adhere to the schedule of activities currently established in the approved Transportation Improvement Program/State Transportation Improvement Program, hereinafter referred to as “TIP/STIP”. Furthermore, all parties shall adhere to the detailed project schedule as approved by the DEPARTMENT, attached as Attachment “B” and incorporated herein by reference. In the completion of respective commitments contained herein, if a change in the schedule is needed, the LOCAL GOVERNMENT shall notify the DEPARTMENT in writing of the proposed schedule change and the DEPARTMENT shall acknowledge the change through written response letter; provided that the DEPARTMENT shall have final authority for approving any change. Project # 0012625 City of Milton Revised: 12/2011 6 If, for any reason, the LOCAL GOVERNMENT does not produce acceptable deliverables in accordance with the approved schedule, the DEPARTMENT reserves the right to delay the PROJECT’s implementation until funds can be re-identified for right of way or construction phases, as applicable. 7. The LOCAL GOVERNMENT shall certify that the regulations for “CERTIFICATION OF COMPLIANCES WITH FEDERAL PROCUREMENT REQUIREMENTS, STATE AUDIT REQUIREMENTS, and FEDERAL AUDIT REQUIREMENTS” are understood and will comply in full with said provisions. 8. The LOCAL GOVERNMENT shall accomplish the PE activities for the PROJECT. The PE activities shall be accomplished in accordance with the DEPARTMENT's Plan Development Process hereinafter referred to as ”PDP”, the applicable guidelines of the American Association of State Highway and Transportation Officials, hereinafter referred to as “AASHTO”, the DEPARTMENT's Standard Specifications Construction of Transportation Systems, and all applicable design guidelines and policies of the DEPARTMENT to produce a cost effective PROJECT. Failure to follow the PDP and all applicable guidelines and policies will jeopardize the use of Federal Funds in some or all categories outlined in this agreement, and it shall be the responsibility of the LOCAL GOVERNMENT to make up the loss of that funding. The LOCAL GOVERNMENT’s responsibility for PE activities shall include, but is not limited to the following items: Project # 0012625 City of Milton Revised: 12/2011 7 a. Prepare the PROJECT Concept Report and Design Data Book in accordance with the format used by the DEPARTMENT. The concept for the PROJECT shall be developed to accommodate the future traffic volumes as generated by the LOCAL GOVERNMENT as provided for in paragraph 8b and approved by the DEPARTMENT. The concept report shall be approved by the DEPARTMENT prior to the LOCAL GOVERNMENT beginning further development of the PROJECT plans. It is recognized by the parties that the approved concept may be updated or modified by the LOCAL GOVERNMENT as required by the DEPARTMENT and re-approved by the DEPARTMENT during the course of PE due to updated guidelines, public input, environmental requirements, Value Engineering recommendations, Public Interest Determination (PID) for utilities, utility/railroad conflicts, or right of way considerations. b. Prepare a Traffic Study for the PROJECT that includes Average Daily Traffic, hereinafter referred to as “ADT”, volumes for the base year (year the PROJECT is expected to be open to traffic) and design year (base year plus 20 years) along with Design Hour Volumes, hereinafter referred to as “DHV”, for the design year. DHV includes morning (AM) and evening (PM) peaks and other significant peak times. The Study shall show all through and turning movement volumes at intersections for the ADT and DHV volumes and shall indicate the percentage of trucks on the facility. The Study shall also include signal warrant evaluations for any additional proposed signals on the PROJECT. c. Prepare environmental studies, documentation reports and complete Environmental Document for the PROJECT along with all environmental re- Project # 0012625 City of Milton Revised: 12/2011 8 evaluations required that show the PROJECT is in compliance with the provisions of the National Environmental Policy Act or the Georgia Environmental Policy Act as per the DEPARTMENT’s Environmental Procedures Manual, as appropriate to the PROJECT funding. This shall include any and all archaeological, historical, ecological, air, noise, community involvement, environmental justice, flood plains, underground storage tanks, and hazardous waste site studies required. The completed Environmental Document approval shall occur prior to Right of Way funding authorization. A re-evaluation is required for any design change as described in Chapter 7 of the Environmental Procedures Manual. In addition, a re- evaluation document approval shall occur prior to any Federal funding authorizations if the latest approved document is more than 6 months old. The LOCAL GOVERNMENT shall submit to the DEPARTMENT all studies, documents and reports for review and approval by the DEPARTMENT, the FHWA and other environmental resource agencies. The LOCAL GOVERNMENT shall provide Environmental staff to attend all PROJECT related meetings where Environmental issues are discussed. Meetings include, but are not limited to, concept, field plan reviews and value engineering studies. d. Prepare all PROJECT public hearing and public information displays and conduct all required public hearings and public information meetings with appropriate staff in accordance with DEPARTMENT practice. e. Perform all surveys, mapping, soil investigations and pavement evaluations needed for design of the PROJECT as per the appropriate DEPARTMENT Manual. Project # 0012625 City of Milton Revised: 12/2011 9 f. Perform all work required to obtain all applicable PROJECT permits, including, but not limited to, Cemetery, TVA and US Army Corps of Engineers permits, Stream Buffer Variances and Federal Emergency Management Agency (FEMA) approvals. The LOCAL GOVERNMENT shall provide all mitigation required for the project, including but not limited to permit related mitigation. All mitigation costs are considered PE costs. PROJECT permits and non-construction related mitigation must be obtained and completed 3 months prior to the scheduled let date. These efforts shall be coordinated with the DEPARTMENT. g. Prepare the stormwater drainage design for the PROJECT and any required hydraulic studies for FEMA Floodways within the PROJECT limits. Acquire of all necessary permits associated with the Hydrology Study or drainage design. h. Prepare utility relocation plans for the PROJECT following the DEPARTMENT's policies and procedures for identification, coordination and conflict resolution of existing and proposed utility facilities on the PROJECT. These policies and procedures, in part, require the Local Government to submit all requests for existing, proposed, and relocated facilities to each utility owner within the project area. Copies of all such correspondence, including executed agreements for reimbursable utility/railroad relocations, shall be forwarded to the DEPARTMENT's Project Manager and the District Utilities Engineer and require that any conflicts with the PROJECT be resolved by the LOCAL GOVERNMENT. If it is determined that the PROJECT is located on an on-system route or is a DEPARTMENT LET PROJECT, the LOCAL GOVERNMENT and the District Utilities Engineer shall ensure that permit applications are approved for each utility company in conflict with Project # 0012625 City of Milton Revised: 12/2011 10 the project. If it is determined through the DEPARTMENT’s Project Manager and State Utilities Office during the concept or design phases the need to utilize Overhead/Subsurface Utility Engineering, hereinafter referred to as “SUE”, to obtain the existing utilities, the LOCAL GOVERNMENT shall be responsible for acquiring those services. SUE costs are considered PE costs. i. Prepare, in English units, Preliminary Construction plans, Right of Way plans and Final Construction plans that include the appropriate sections listed in the Plan Presentation Guide, hereinafter referred to as ”PPG”, for all phases of the PDP. All drafting and design work performed on the project shall be done utilizing Microstation V8i and InRoads software respectively using the DEPARTMENT’s Electronic Data Guidelines. The LOCAL GOVERNMENT shall further be responsible for making all revisions to the final right of way plans and construction plans, as deemed necessary by the DEPARTMENT, for whatever reason, as needed to acquire the right of way and construct the PROJECT. j. Prepare PROJECT cost estimates for construction, Right of Way and Utility/railroad relocation at the following project stages: Concept, Preliminary Field Plan Review, Right of Way plan approval (Right of Way cost only), Final Field Plan Review and Final Plan submission using the applicable method approved by the DEPARTMENT. The cost estimates shall also be updated annually if the noted project stages occur at a longer frequency. Failure of the LOCAL GOVERNMENT to provide timely and accurate cost estimates may delay the PROJECT’s implementation until additional funds can be identified for right of way or construction, as applicable. Project # 0012625 City of Milton Revised: 12/2011 11 k. Provide certification, by a Georgia Registered Professional Engineer, that the Design and Construction plans have been prepared under the guidance of the professional engineer and are in accordance with AASHTO and DEPARTMENT Design Policies. l. Provide certification, by a Level II Certified Design Professional that the Erosion Control Plans have been prepared under the guidance of the certified professional in accordance with the current Georgia National Pollutant Discharge Elimination System. m. Provide a written certification that all appropriate staff (employees and consultants) involved in the PROJECT have attended or are scheduled to attend the Department’s PDP Training Course. The written certification shall be received by the Department no later than the first day of February of every calendar year until all phases have been completed. 9. The Primary Consultant firm or subconsultants hired by the LOCAL GOVERNMENT to provide services on the PROJECT shall be prequalified with the DEPARTMENT in the appropriate area-classes. The DEPARTMENT shall, on request, furnish the LOCAL GOVERNMENT with a list of prequalified consultant firms in the appropriate area-classes. The LOCAL GOVERNMENT shall comply with all applicable state and federal regulations for the procurement of design services and in accordance with the Brooks Architect-Engineers Act of 1972, better known as the Brooks Act, for any consultant hired to perform work on the PROJECT. Project # 0012625 City of Milton Revised: 12/2011 12 10. The DEPARTMENT shall review and has approval authority for all aspects of the PROJECT provided however this review and approval does not relieve the LOCAL GOVERNMENT of its responsibilities under the terms of this agreement. The DEPARTMENT will work with the FHWA to obtain all needed approvals as deemed necessary with information furnished by the LOCAL GOVERNMENT. 11. The LOCAL GOVERNMENT shall be responsible for the design of all bridge(s) and preparation of any required hydraulic and hydrological studies within the limits of this PROJECT in accordance with the DEPARTMENT’s policies and guidelines. The LOCAL GOVERNMENT shall perform all necessary survey efforts in order to complete the hydraulic and hydrological studies and the design of the bridge(s). The final bridge plans shall be incorporated into this PROJECT as a part of this Agreement. 12. The LOCAL GOVERNMENT unless otherwise noted in Attachment “A” shall be responsible for funding all LOCAL GOVERNMENT owned utility relocations and all other reimbursable utility/railroad costs. The utility costs shall include but are not limited to PE, easement acquisition, and construction activities necessary for the utility/railroad to accommodate the PROJECT. The terms for any such reimbursable relocations shall be laid out in an agreement that is supported by plans, specifications, and itemized costs of the work agreed upon and shall be executed prior to certification by the DEPARTMENT. The LOCAL GOVERNMENT shall certify via written letter to the DEPARTMENT’s Project Manager and District Utilities Engineer that all Utility owners’ exisiting and proposed facilities are shown on the plans with no conflicts 3 months prior Project # 0012625 City of Milton Revised: 12/2011 13 to advertising the PROJECT for bids and that any required agreements for reimbursable utility/railroad costs have been fully executed. Further, this certification letter shall state that the LOCAL GOVERNMENT understands that it is responsible for the costs of any additional reimbursable utility/railroad conflicts that arise during construction. 13. The DEPARTMENT will be responsible for all railroad coordination on DEPARTMENT Let and/or State Route (On-System) projects; the LOCAL GOVERNMENT shall address concerns, comments, and requirements to the satisfaction of the Railroad and the DEPARTMENT. If the LOCAL GOVERNMENT is shown to LET the construction in Attachment “A” on off-system routes, the LOCAL GOVERNMENT shall be responsible for all railroad coordination and addressing concerns, comments, and requirements to the satisfaction of the Railroad and the DEPARTMENT for PROJECT. 14. The LOCAL GOVERNMENT shall be responsible for acquiring a Value Engineering Consultant for the DEPARTMENT to conduct a Value Engineering Study if the total estimated PROJECT cost is $10 million or more. The Value Engineering Study cost is considered a PE cost. The LOCAL GOVERNMENT shall provide project related design data and plans to be evaluated in the study along with appropriate staff to present and answer questions about the PROJECT to the study team. The LOCAL GOVERNMENT shall provide responses to the study recommendations indicating whether they will be implemented or not. If not, a valid response for not implementing Project # 0012625 City of Milton Revised: 12/2011 14 shall be provided. Total project costs include PE, right of way, and construction, reimbursable utility/railroad costs. 15. The LOCAL GOVERNMENT, unless shown otherwise on Attachment “A”, shall acquire the Right of way in accordance with the law and the rules and regulations of the FHWA including, but not limited to, Title 23, United States Code; 23 CFR 710, et. Seq., and 49 CFR Part 24 and the rules and regulations of the DEPARTMENT. Upon the DEPARTMENT’s approval of the PROJECT right of way plans, verification that the approved environmental document is valid and current, a written notice to proceed will be provided by the DEPARTMENT for the LOCAL GOVERNMENT to stake the right of way and proceed with all pre-acquisition right of way activities. The LOCAL GOVERNMENT shall not proceed to property negotiation and acquisition whether or not the right of way funding is Federal, State or Local, until the right of way agreement named “Contract for the Acquisition of Right of Way” prepared by the DEPARTMENT’s Office of Right of Way is executed between the LOCAL GOVERNMENT and the DEPARTMENT. Failure of the LOCAL GOVERNMENT to adhere to the provisions and requirements specified in the acquisition contract may result in the loss of Federal funding for the PROJECT and it will be the responsibility of the LOCAL GOVERNMENT to make up the loss of that funding. Right of way costs eligible for reimbursement include land and improvement costs, property damage values, relocation assistance expenses and contracted property management costs. Non reimbursable right of way costs include administrative expenses such as appraisal, consultant, attorney fees and any in-house property management or staff expenses. The LOCAL GOVERNMENT Project # 0012625 City of Milton Revised: 12/2011 15 shall certify that all required right of way is obtained and cleared of obstructions, including underground storage tanks, 3 months prior to advertising the PROJECT for bids. 16. The DEPARTMENT unless otherwise shown in Attachment “A” shall be responsible for Letting the PROJECT to construction, solely responsible for executing any agreements with all applicable utility/railroad companies and securing and awarding the construction contract for the PROJECT when the following items have been completed and submitted by the LOCAL GOVERNMENT: a. Submittal of acceptable PROJECT PE activity deliverables noted in this Agreement. b. Certification that all needed rights of way have been obtained and cleared of obstructions. c. Certification that the environmental document is current and all needed permits and mitigation for the PROJECT have been obtained. d. Certification that all Utility/Railroad facilities, existing and proposed, within the PROJECT limits are shown, any conflicts have been resolved and reimbursable agreements, if applicable, are executed. If the LOCAL GOVERNMENT is shown to LET the construction in Attachment “A”, the LOCAL GOVERNMENT shall provide the above deliverables and certifications and shall follow the requirements stated in Chapters 10, 11, 12 and 13 of the DEPARTMENT”s Local Administered Project Manual. The LOCAL GOVERNMENT Project # 0012625 City of Milton Revised: 12/2011 16 shall be responsible for providing qualified construction oversight with their personnel or by employing a Consultant firm prequalified in Area Class 8.01 to perform construction oversight. The LOCAL GOVERNMENT shall be responsible for employing a GDOT prequalified consultant in area classes 6.04a and 6.04b for all materials testing on the PROJECT, with the exception of field concrete testing. All materials testing, including field concrete testing shall be performed by GDOT certified technicians who are certified for the specific testing they are performing on the PROJECT. The testing firm(s) and the individual technicians must be submitted for approval prior to Construction. 17. The LOCAL GOVERNMENT shall provide a review and recommendation by the engineer of record concerning all shop drawings prior to the DEPARTMENT review and approval. The DEPARTMENT shall have final authority concerning all shop drawings. 18. The LOCAL GOVERNMENT agrees that all reports, plans, drawings, studies, specifications, estimates, maps, computations, computer files and printouts, and any other data prepared under the terms of this Agreement shall become the property of the DEPARTMENT if the PROJECT is being let by the DEPARTMENT. This data shall be organized, indexed, bound, and delivered to the DEPARTMENT no later than the advertisement of the PROJECT for letting. The DEPARTMENT shall have the right to use this material without restriction or limitation and without compensation to the LOCAL GOVERNMENT. Project # 0012625 City of Milton Revised: 12/2011 17 19. The LOCAL GOVERNMENT shall be responsible for the professional quality, technical accuracy, and the coordination of all reports, designs, drawings, specifications, and other services furnished by or on behalf of the LOCAL GOVERNMENT pursuant to this Agreement. The LOCAL GOVERNMENT shall correct or revise, or cause to be corrected or revised, any errors or deficiencies in the reports, designs, drawings, specifications, and other services furnished for this PROJECT. Failure by the LOCAL GOVERNMENT to address the errors, omissions or deficiencies within 30 days of notification shall cause the LOCAL GOVERNMENT to assume all responsibility for construction delays and supplemental agreements caused by the errors and deficiencies. All revisions shall be coordinated with the DEPARTMENT prior to issuance. The LOCAL GOVERNMENT shall also be responsible for any claim, damage, loss or expense, to the extent allowed by law that is attributable to errors, omissions, or negligent acts related to the designs, drawings, specifications, and other services furnished by or on behalf of the LOCAL GOVERNMENT pursuant to this Agreement. 20. The DEPARTMENT shall be furnished with a copy of all contracts and agreements between the LOCAL GOVERNMENT and any other agency or contractor associated with construction activities. The DEPARTMENT’s Project Manager shall be the primary point of contact unless otherwise specified. 21. The LOCAL GOVERNMENT shall provide the DEPARTMENT with a detailed project schedule that reflects milestones, deliverables with durations for all pertinent Project # 0012625 City of Milton Revised: 12/2011 18 activities to develop critical path elements. An electronic project schedule shall be submitted to the Project Manager after execution of this agreement. This Agreement is made and entered into in FULTON COUNTY, GEORGIA, and shall be governed and construed under the laws of the State of Georgia. The covenants herein contained shall, except as otherwise provided, accrue to the benefit of and be binding upon the successors and assigns of the parties hereto. Project # 0012625 City of Milton Revised: 12/2011 19 IN WITNESS WHEREOF, the DEPARTMENT and the LOCAL GOVERNMENT have caused these presents to be executed under seal by their duly authorized representatives. DEPARTMENT OF TRANSPORTATION BY: _________________________ Commissioner ATTEST: ____________________________ Treasurer LOCAL GOVERNMENT NAME BY: _____________________________ Joe Lockwood Mayor Signed, sealed and delivered this _____ day of ________________, 20__, in the presence of: ______________________________ Witness ____________________________ Notary Public This Agreement approved by Local Government, the ______day of _____________, 20__. Attest ______________________________ Sudie Gordon, City Clerk FEIN: 51-0608862______________ Project # 0012625 City of Milton Revised: 12/2011 20 Attachment "A" Funding Sources and Distribution Percentage PE Amount Maximum PE Participation Amount ($) Participant PE Activity Sponsor Percentage Amount Participant Percentage Amount 1 80%$60,000.00 $60,000.00 Federal #DIV/0!$0.00 Federal 80%$60,000.00 2 0%$0.00 $0.00 State #DIV/0!$0.00 State 0%$0.00 3 20%$15,000.00 N/A Local 0%$0.00 Local 20%$15,000.00 4 0%$0.00 $0.00 Other #DIV/0!$0.00 Other 0%$0.00 Total 100%$75,000.00 #DIV/0!$0.00 100%$75,000.00 Percentage ROW Amount Maximum ROW Participation Amount ($) Participant Acquisition By:Acquisition Fund By:Utility Funding By:Railroad Funding By: 1 #DIV/0!$0.00 $0.00 Federal 2 #DIV/0!$0.00 $0.00 State 3 #DIV/0!$0.00 N/A Local 4 #DIV/0!$0.00 $0.00 Other Total #DIV/0!$0.00 100%100% Percentage CST Amount Maximum CST Participation Amount ($) Participant Letting By:Testing (Phase V) Funding By: Inspection (Phase VI) Funding By: 1 #DIV/0!$0.00 $0.00 Federal 2 #DIV/0!$0.00 $0.00 State 3 #DIV/0!$0.00 N/A Local 4 #DIV/0!$0.00 $0.00 Other Total #DIV/0!$0.00 100%100% Percentage TOTAL Amount Maximum Participation Amount ($)Participant 1 80%$60,000.00 $60,000.00 Federal 2 0%$0.00 $0.00 State 3 20%$15,000.00 N/A Local 4 0%$0.00 $0.00 Other Total 100%$75,000.00 The GDOT Oversight check shall be remitted to the District Planning and Programming Engineer along with the signed Project Framework Agreement (PFA). NOTE: Separate GDOT P.O.s will be established for each funding phase. government will only be reimbursed the percentage of the accrued invoiced amounts up to but not to exceed the maximum amount indicated. 2GDOT Oversight for PE (Phase I) is detailed in Attachment "D". GDOT Oversight for CST (Phase III)2 3 Right-of-Way and Construction amounts shown are for budget planning purposes only.Summary of Phases I Through IIISponsor: City of MiltonProject No.: 0012625 Local Government Local Government Preliminary Engineering - Phase I1 GDOT Oversight for PE (Phase I)2 Preliminary Engineering Grand Total (Phase I) Utility Relocation - Phase IV Attach "Project Manager" Project Charging Form for Approval Local GovernmentPreliminary Engineering Phase IRight of Way Phase IIConstruction Phase IIILocal Government Utility Phase IVConstruction Oversight Phases V & VILocal Government Grand Total - All Phases I through III Right of Way - Phase II3 Local Government Local Government Construction - Phase III3 Local Govt 1The maximum allowable GDOT participating amounts for PE phase are shown above. The local Project # 0012625 City of Milton Revised: 12/2011 21 ATTACHMENT “B” Project Timeline PI # 0012625 – City of Milton Proposed Project Timeline Environmental Phase Concept Phase Preliminary Plan Phase Right of Way Phase Deadlines for Execute Month/Year Month/Year Month/Year Month/Year Responsible Parties Agreement (Approve (Approve Env. (Authorize Right (Authorize Concept) Document) of Way funds) Const. funds) Annual Reporting Requirements The Local Government shall provide a written status report to the Department’s Project Manager with the actual phase completion date(s) and the percent complete/proposed completion date of incomplete phases. The written status report shall be received by the Department no later than the first day of February of every calendar year until all phases have been completed. Project # 0012625 City of Milton Revised: 12/2011 22 ATTACHMENT “C” Project # 0012625 City of Milton Revised: 12/2011 23 Project # 0012625 City of Milton Revised: 12/2011 24 ATTACHMENT “D” GDOT Oversight Estimate for Locally Administered Project Monday, July 01, 2013 11:53 AM PI Number Project Number County Project Length Miles Project Manager Project Cost Project Type Project Description Expected Life of Project Years Project Phase Oversight Hours Oversight Cost 1. Project Initiation 0 $ 0.00 2. Concept Development 0 $ 0.00 3. Database Preparation* 0 $ 0.00 4. Preliminary Design 0 $ 0.00 5. Environmental 0 $ 0.00 6. Final Design 0 $ 0.00 Travel Expenses $ - Total Oversight Estimate 0 $ 0.00 Percentage of Project Cost .00% 0012625 Fulton Busby, Jeremy Special Studies SR 9 @ CS 1326/Bethany Bend Road – Concept Study 1.00 0.4 $75,000 C:\Documents and Settings\vgavalas\My Documents\Oversight Estimate 0012625.dox GDOT Oversight Estimate for Consultant and Locally Administered Projects – Version 2.01 – September 2011 Project # 0012625 City of Milton Revised: 12/2011 25 ATTACHMENT “E” GEORGIA SECURITY AND IMMIGRATION COMPLIANCE ACT AFFIDAVIT Name of Contracting Entity: _________________________________________________________ Contract No. and Name: _________________________________________________________ _________________________________________________________ By executing this affidavit, the undersigned person or entity verifies its compliance with O.C.G.A. § 13-10-91, stating affirmatively that the individual, firm, or entity which is contracting with the Georgia Department of Transportation has registered with, is authorized to participate in, and is participating in the federal work authorization program commonly known as E-Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91. The undersigned person or entity further agrees that it will continue to use the federal work authorization program throughout the contract period, and it will contract for the physical performance of services in satisfaction of such contract only with subcontractors who present an affidavit to the undersigned with the information required by O.C.GA. § 13-10-91(b). The undersigned person or entity further agrees to maintain records of such compliance and provide a copy of each such verification to the Georgia Department of Transportation within five (5) business days after any subcontractor is retained to perform such service. _______________________________________ E-Verify / Company Identification Number _______________________________________ Signature of Authorized Officer or Agent _______________________________________ Date of Authorization _______________________________________ Printed Name of Authorized Officer or Agent _______________________________________ Title of Authorized Officer or Agent _______________________________________ Date SUBSCRIBED AND SWORN BEFORE ME ON THIS THE _____ DAY OF ______________________, 201_ ________________________________________ [NOTARY SEAL] Notary Public My Commission Expires: ___________________ Project # 0012625 City of Milton Revised: 12/2011 26 ATTACHMENT “F” TITLE VI INTRODUCTION As a sub-recipient of federal funds from Georgia Department of Transportation, all municipalities are required to comply with Title VI of the Civil Rights Act of 1964 which provides that: “No person in the United States shall, on the grounds of race, color, or national origin, be excluded from participation in, or be denied the benefits of, or be subjected To discrimination under any program or activity receiving federal assistance under This title or carried out under this title.” Additionally, the Civil Rights Restoration Act of 1987, expanded the definition of the terms “programs and activities” to include all programs or activities of federal recipients, subrecipients, and contractors, whether or not such programs and activities are federally assisted. The provisions of Title VI apply to all contractors, subcontractors, consultants and suppliers. And is a condition for receiving federal funds. All sub recipients must sign Title VI assurances that they will not discriminate as stated in Title VI of the Civil Rights Act of 1964. In the event that the sub recipient distributes federal aid funds to second tier entity, the sub- recipient shall include Title VI language in all written documents and will monitor for compliance. If, these assurances are not signed, the City or County government may be subjected to the loss of federal assistance. All sub recipients that receive federal assistance must also include Federal Highways Administrations 1273 in their contracts. The FHWA 1273 sets out guidance for ensuring non discrimination and encouraging minority participation and outreach. Enclosed you will find Title VI acknowledgment form and the Title VI assurances. The Title VI acknowledgment form and Title VI assurances must be signed by your local government official if it has not been signed. Project # 0012625 City of Milton Revised: 12/2011 27 ATTACHMENT “F” TITLE VI ACKNOWLEDGEMENT FORM The___________________________________ assures that no person shall on the grounds or race, color, national origin or sex as provided by Title VI of the Civil Rights Act of 1964, and the Civil Rights Restoration Act of 1987 be excluded from participation in, be denied the benefits of, or otherwise be subjected to discrimination under any City or County sponsored program or activity. The_______________________________ assures that every effort will be made to ensure non discrimination in all of its programs or activities, whether those programs are federally funded or not. Assurance of compliance therefore falls under the proper authority of the City Council or the County Board of Commissioners. The Title VI Coordinator or Liaison is authorized to ensure compliance with provisions of this policy and with the Law, including the requirements of 23 Code of Federal Regulations (CFR) 200 and 49 CFR 21. ____________________________________ _______________ Official Name and Title Date Citations: Title VI of the Civil Rights Act of 1964; 42 USC 2000d to 2000d-4;42 USC 4601to 4655;23 USC 109(h); 23 USC 324; DOT Order 1050.2; EO 12250; EO 12898; 28CFR 50.3 Other Nondiscrimination Authorities Expanded the range and scope of Title VI coverage and applicability The 1970 Uniform Act (42 USC 4601) Section 504 of the 1973 Rehabilitation Act (29 USC 790) The 1973 Federal-aid Highway Act (23 USC 324) The 1975 Age Discrimination Act (42 USC 6101) Implementing Regulations (49 CFR 21 & 23 CFR 200) Executive Order 12898 on Environmental Justice (EJ) Executive Order 13166 on Limited English Proficiency (LEP) 0 HOME OF 'THE.,._ST QUALITY OF LIFE IN GEORGIA' M1 ;LTON*k ESTASLISHEL} 2 CITY COUNCIL AGENDA ITEM TO: City Council FROM: City Manager DATE: August 9, 2013 AGENDA ITEM: Approval of a Construction Services Agreement between the City of Milton and Superior Arbor Management, Inc. for the Removal and Disposal of Compromised Trees from the Public Right -of -Way at Various Locations. MEETING DATE: Monday, August 19, 2013 Regular City Council Meeting. BACKGROUND INFORMA TION: [Attach additional pages if necessary] See attached memorandum APPROVAL BY CITY MANAGER. APPROVED () NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: K YES () NO CITY A TTORNEY REVIEW REQUIRED: 9 YES () NO APPROVAL BY CITY ATTORNEY APPROVED (} NOTAPPROVED PLACED ON AGENDA FOR: b 13 REMARKS ® You in- ,,-t PHONE: 678.242.25001 FAX: 678.242.2499 .Green Tap 3U6 info4cifyofmiifonga.us I www.cifyofmiltonga.us Community Qtt j e _� 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 �'0`L To: Honorable Mayor and City Council Members From: Roddy Motes, Public Works Manager Date: Submitted on August 5, 2013 for the August 19, 2013 Regular Council Meeting Agenda Item: Approval of a Construction Services Agreement between the City of Milton and Superior Arbor Management, Inc. for the Removal and Disposal of Compromised Trees from the Public Right-of-Way at Various Locations ____________________________________________________________________________ Department Recommendation: Approval. Executive Summary: This project will include the complete tree removal and disposal of preselected compromised trees from the public right-of–way at various locations. Funding and Fiscal Impact: Funding for this project is available in the Public Works Infrastructure/Tree Removal budget in the Public Works Department. Alternatives: None Legal Review: Ken Jarrard – Jarrard & Davis (7-26-13) Concurrent Review: Chris Lagerbloom, City Manager Attachment(s): Construction Services Agreement with Superior Arbor Management, Inc. HONA.F OF, MILTONIP. 11'AR11531 E h : Ax CONSTRUCTION SERVICES AGREEMENT — SHORT FORM AGREEMENTS $10,000.00 OR LESS Tree Removal This Services Agreement (the "Agreement") is made and entered into this V day of � , 2013, by and between the CITY OF MILTON, GEORGIA (hereinafter referred to as the "City"), an Superior Arbor Management Inc. (hereinafter referred to as the "Contractor") having its principal place of business at P.D. Box 69,Dawsonville Ga. 30534 WITNESSETH THAT: WHEREAS, the City desires to employ a contractor to perform the services described herein (the -Work'); and WHEREAS, Contractor has familiarized itself with the Contract Documents, as defined below, the Work, and with all local conditions and applicable federal, state and local laws, ordinances, rules and regulations. 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: This Agreement and the following named Exhibits, attached hereto and incorporated herein by reference, constitute the "Contract Documents": A -SCOPE OF WORK; EXHIBIT B -INSURANCE CERTFICATE; EXHIBIT C -CONTRACTOR AFFIDAVIT AND AGREEMENT; EXHIBIT D- SUBCONTRACTOR AFFIDAVIT To the extent that there may be any conflict among the Contract Documents, the provision operating most to the benefit of the City shall govern. Section 2. The Work: Contractor shall provide all Work described in the Contract Documents. 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. Unless otherwise stated in the Contract Documents, the Work shall include Contractor's provision of materials, labor, expenses, and any other cost or item necessary to complete the Work, which is generally described as the removal of marked trees as identified in Exhibit "A". Section 3. Contract Time: Contractor understands that time is of the essence of this Agreement and warrants that it will perform the Work in a prompt manner, which shall not impose delays on the progress of the Work. It shall commence Work pursuant to this Agreement on or before a date to be specified on a written "Notice to Proceed" from the City, and shall fully complete the Work within 14 business days of the "Notice to Proceed". Section 4. Work „Changes: Any changes to the Work requiring an increase in the Contract Price, as defined below, shall require a written change order executed by the City in accordance with its purchasing regulations. Section S. Compensation and Method of Payment: City agrees to pay Contractor for the services performed and costs incurred by Contractor upon the City's certification that the services were actually performed and costs actually incurred in accordance with this Agreement. Compensation for services performed and, if applicable, reimbursement for costs incurred shall be paid to Contractor upon the City's receipt and approval of an invoice, submitted upon completion of the Work, setting forth in detail the services performed and costs incurred. Invoices shall reflect charges incurred versus charges budgeted. The total amount paid under this Agreement for the Work shall not, in any case, exceed $4,650.00 (the "Contract Price"), except as outlined in Section 4 above. 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 principles of Contractor's industry, Contractor will give written notice thereof immediately to the City. Section 6. Covenants of Contractor A. Assignment of Agreement: 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. B. Responsibility of Contractor and Indemnification of City: Contractor covenants and agrees to take and assume all responsibility for the services rendered in connection with the Work. 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 tortious conduct arising out of the Work, performance of contracted services, or operations by Contractor, any subcontractor, anyone directly or indirectly employed by Contractor or subcontractor or anyone for whose acts Contractor or subcontractor may be liable, regardless of whether or not the negligent act is caused in part by a party indemnified hereunder. Contractor shall not be required to indemnify the City or its officers, boards, commissions, elected or appointed officials, employees or agents against liability or claims for damages, losses, or expenses, including attorney fees, arising out of bodily injury to persons, death, or damage to property caused by or resulting from the sole negligence of the City or its officers, boards, commissions, elected or appointed officials, employees or agents. C. lndenendent Contractor: Contractor hereby covenants and declares that it is engaged in an independent business and agrees to perform the Work as an independent contractor, not as agent or employee of City. Inasmuch as City and 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 by both parties. Contractor agrees not to represent itself as City's agent for any purpose to any party or to allow any employee to do so, unless specifically authorized, in advance and in writing, and then only for the limited purpose stated in such authorization. Contractor shall assume full liability for any contracts or agreements Contractor enters into on behalf of City without the express knowledge and prior written consent of City. D. Insurance: Contractor shall have and maintain in full force and effect for the duration of this Agreement, insurance approved by the City as shown on Exhibit "B". E. Licenses Certifications and Permits: Contractor covenants and declares that it has obtained and will maintain all diplomas, certificates, licenses, permits or the like required by any national, state, regional, City, and local boards, agencies, commissions, committees or other regulatory bodies to perform the Work. Contractor shall comply with applicable legal requirements and meet the standard of quality ordinarily expected of its industry. F. Ownership of Work: All reports, drawings, specifications, and other items prepared or in the process of being prepared for the Work by Contractor ("materials") shall be the property of the City and the City shall be entitled to full access and copies of all materials. All copyrightable subject matter in all materials is hereby assigned to the City and Contractor agrees to execute any additional documents necessary to evidence such assignment. G. Contractor's Representative: Timothy W Costley shall be authorized to act on Contractor's behalf with respect to the Work as Contractor's designated representative. H. Confidentiality: Contractor acknowledges that it may receive confidential information of the City and that it will protect the confidentiality of any such confidential information and will require any of its subcontractors, consultants, and/or staff to likewise protect such confidential information. 1. Meetinis: Contractor shall meet with 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 City. Section 7. Warranty: Contractor shall repair all defects in materials, equipment, or workmanship appearing 2 within one year from the date of completion of the Work at no additional cost to the City. Section 8. Termination_ The City may terminate this Agreement for convenience at any time upon written notice to Contractor. Provided that no damages are due to the City for Contractor's breach of this Agreement, the City shall pay Contractor for Work performed to date in accordance with Section 5 herein. Section 9. Miscellaneous A. Governing Law. This Agreement shall be governed by the laws of the State of Georgia. B. Counter. 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. C. 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. D. Employment of Unauthorized Aliens Prohibited: (1) E -Verify Affidavit It is the policy of the City of Milton that unauthorized aliens shall not be employed to perforin 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 un less: (1) the Contractor shall provide evidence on City -provided forms, attached hereto as Exhibits "C" (affidavits regarding compliance with the E -Verify program to be sworn under oath under criminal penalty of false swearing pursuant to O.C.G.A. § 16-10-71), that it and Contractor's subcontractors have conducted a verification, under the federal Employment Eligibility Verification ("EEV" or "E -Verify") program, of the social security numbers, or other identifying information now or hereafter accepted by the E -Verify program, of all employees who will perform work on the City contract to ensure that no unauthorized aliens will be employed, or (2) the Contractor provides evidence that it is not required to provide an affidavit because it is licensed pursuant to Title 26 or Title 43 or by the State Bar of Georgia and is in good standing as of the date when the contract for services is to be rendered. The Contractor hereby verifies that it has, prior to executing this Agreement, executed a notarized affidavit, the form of which is provided in Exhibit "C", and submitted such affidavit to City or provided the City with evidence that it is not required to provide such an affidavit because it is licensed and in good standing as noted in subsection (2) above. Further, Contractor hereby agrees to comply with the requirements of the federal Immigration Reform and Control Act of 1986 (IBCA), P.L. 99-603, D.C.G.A. § 13-10-91 and Rule 300-10-1-.02. In the event the Contractor employs or contracts with any subcontractor(s) in connection with the covered contract, the Contractor agrees to secure from such subcontractor(s) attestation of the subcontractor's compliance with 4.C.G.A. § 13-10-91 and Rule 300-10-1-.02 by the subcontractor's execution of the subcontractor affidavit, on a form to be provided by the citythe form of which is attached hereto as Exhibit "D", which subcontractor affidavit shall become part of the contractor/subcontractor agreement, or evidence that the subcontractor is not required to provide such an affidavit because it is licensed and in good standing as noted in subsection (2) above. If a subcontractor affidavit is obtained, Contractor agrees to provide a completed copy to the City within five (5) business days of receipt from any subcontractor. Where Contractor is required to provide an affidavit pursuant to O.C.G.A. § 13-10-91, the City Manager or his/her designee shall be authorized to conduct an inspection of the Contractor's and Contractor's subcontractors' verification process at any time to determine that the verification was correct and complete. The Contractor and Contractor's subcontractors shall retain all documents and records of their respective verification process for a period of three (3) years following completion of the contract. Further, where Contractor is required to provide an affidavit pursuant to O.C.G.A. § 13-10-91, the City Manager or his/her designee shall further be authorized to conduct periodic inspections to ensure that no City Contractor or Contractor's subcontractors employ unauthorized aliens on City contracts. By entering into a contract with the City, the Contractor and Contractor's subcontractors agree to cooperate with any such investigation by making their records and personnel available upon reasonable notice for inspection and questioning. Where a Contractor or Contractor's subcontractors are found to have employed an unauthorized alien, the City Manager or his/her designee may report same to the Department of Homeland Security. The Contractor's failure to cooperate with the investigation may be sanctioned by termination of the contract, and the Contractor shall be liable for all damages and delays occasioned by the City thereby. Contractor agrees that the employee -number category designated below is applicable to the Contractor. [Information only required if a contractor affidavit is required pursuant to O.C.G.A. § 13-10-91.] 500 or more employees. 100 or more employees. Vf Fewer than 100 employees. Contractor hereby agrees that, in the event Contractor employs or contracts with any subcontractor(s) in connection with this Agreement and where the subcontractor is required to provide an affidavit pursuant to O.C.G.A. § 13-10-91, the Contractor will secure from the subcontractor(s) such subcontractor(s') indication of the above employee -number category that is applicable to the subcontractor. The above requirements shall be in addition to the requirements of State and federal law, and shall be construed to be in conformity with those laws. E. Nondiscrimination. In accordance with Title VI of the Civil Rights Act, as amended, 42 U.S.C. § 20004, 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 (l) in every subcontract for services contemplated under this Agreement. 4 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed under seat as of the date first above written. Superior Arbor Management Inc. r Signature: GfI (9 r+, • ..S . Title: �K. rL •�.: t1.1.: aE: CITY OF MILTON, G EORG IA Joe Lock , Mayor Printed Name: L 0 STL2 y EXHIBIT "A" Scope of Work Tree Removal BIDS DUE July 12th, 2013 BY 7.:00 PM eneraf Description of Project Scope: Contractor to bid on the fallowing scope. Contractor is Fequaed to visit the Y,th a reoresentative from the Public Works Dept prior to submitting ora to confirm scope Cc -ractor is -_ -ns,btc for utility •ocates and co�rdinat or+ of work wltF ate impacted ubllhes ae,arascope of worn wti' C:on5,st ❑f removal of trees lacated in tttE right of way Re^-ove the marked trees at the follwving locations Webb Rd between State Rn Lite 9 and Cogburn Rd. Cog hurn Rd between Webb 8d and Bethany Bend - Hopewell Rd between Francis fid and the City Lim:t- :rnersigned. as brd•der- declares and -epresents that it has examrned the site of the worx arta informed elf•rhPrSell fully in regard to all condttiors riersaimng to the place where the work ;s to oe performed, including -a- :c•ndnicls affecting She cost of the work and the delivery, nandling arid storage of materials Ind equipment The _ -rammed and read the Biddinu Oocumenl and has satisf=eri hlmsetflherself that the Btading Document Is S acceptable re#lecrlen of me work .vh•c11 ,s rept ifsd to be performed and that the bidder ;s wi 111 ng and ..•.:•rrr all nF thr- wo rY. ne cacsa r• Tne nid1er Further rgrtifies that nn additional infx-notior ie requirod I rhe work snc!cnnpassed n;: Tivs tro withm lira cos; and schedule ist ibiishei7 and agreed upc i willmi 'r s L --)VM ,; nxas a+•ri T3rp,+.-s !F••dt if th 5 bid rs acc.QpteJ l- contract with the City aF Milton to orbvrde a�! labor marer,ads.-Yalupmc.rrt products transpartatior ar7 other facilities ana rarvices as necessary ec;a ed tC exr_�CrIIP and :'r.� f•el? the work in full it acr,,5rda,lr- Enc scnpe 7f winrk prnVrdad t(7 thr fl;1l cern of me r'y c,AsF or, Iti THE AMOUNT !JrON WHICH THE BIDDER Wit.; BF ;;::RF,"AL;Y FVALJATFD AND WtHICP SFD TO DETERMINE THE LOWEST RFSPONSiBLE Sinfl�� .r7F ❑ cL may not de Withdrawn Or m --3c fled. except at the request of Ihv try - a p rlod df sixty 1501 riays ng-eceipt of :he aids The C.Iy of ht,Rsn reserves the right Ij rrvjdr•`y r,e scuX•e Q" Vl;6 project al any Lime -,r- .^.rn+ e sa! on for scope changes writ be based an a negotrstea'ee. Base Bid. Amount 1.0 General Conditions al One lane cf tragic shall be open at all times Lane closures shall be restricted to the hours of 9 am to 4 pm. b1 Construction activity within 1000 feet on an occupied residence will be allowed Mon. -Fri between the hours o` 7 30 AM and 7 30 PM and Sat between 9 30 AM and 5:40 PM Construction activity more than 1000 feet from an occupied residence will be allowed Mon - Fn between the hours of 7 00 AM and 1000 PM and Sal between the hours of 8 30 AM and 6 00 Pial. ci Contractor must notify the City of Milton ;878) 242-2500. twenty-four (24) hours prior to beginning construction di Burial of materials is not permitted within the City of Milton All tree debris within the worx area shall be properly disposed of by the contractor. e1 The contractor is responsible for any damaged property which occurs as a result of this project The contractor shall replace any damaged property at his own expense. 2.0 Materials, Equipment and Employees al The contractor shall unless otherwise specified, supply and pay for all labor, transportation, materials. tools. apparatus. lights. power. Net sanitary facilities and incidenlals necessary for the completion of his work, and shall install. maintain and remove all equipment, other utensils or things. and be responsible for the safe. proper and lawful construction, maintenance and use of same. and shall construct in the best and most workmanlike manner a complete job and everything incidental thereto, stated in the specifications, or reasonably implied there from all in accordance with the contract documents b) No changes shall be made in the Work except upon written approval and change order of the city. c1 If at any time during the completion of the work covered by these contract documents. the conduct of any workman of the various crafts be adjudged a nuisance to the Owner or if any workman be considered detrimental to the work, the Contractor shall order such parties removed immedialely from the site d) The contractor shall designate a foreman/superintendent who shall direct the work, 3.0 Utilities ai The contractor shall be required to coordinate and manage any and all utility locates andOr relocations within the scope of this project. 4.0 Performance al The contractor will adhere to all current State and Federal construction safety regulations, including OSHA regulations The Contractor wilt conform to MUTCD and the State of Georgia Department of Transportation standards for traffic control The Contractor must maintain a safe work zone for their employees, pedestrians and vehicular transportation. All work shall be inspected and approved dy the City of Milton Department of Public Works IMDPWI 5.0 Safety Requirements a The Contraclor shall be responsible for the entire site and the construction of the same and provide all the necessary protections as required by laws or ordinances governing such conditions and as required by the Owner or Designer He shall be responsible for any damage to the Owner's property or that of others on the job. by himself, his personnel or his subcontractors and shall make good such damages. He shall be responsible for and pay for any claims against the Owner arising from such damages. bi The Contractor shall provide all necessary safety measi:res for the protection of all persons on the work Contractor shall clearly mark or post signs warning of hazards existing, and shall barricade excavations ani Page 2 of 3 similar hazards He shall protect against darnage or injury resulting from falling materials and he shall maintain all protective devices and signs throughout the progress of the work 6.0 Codes, Permits and Inspections a Trie Contractor siia:l cxtdin the required permits, if required, give all notices. and comply with all laws. ordinances. codes. rules and regulations hearing on the conduct of the work under this contract. if the Contractor observes that the drawings and specifications are at variance therewith, he shall promptly notify the Designer in writing If the Contractor performs any work knowing it to be contrary to such laws. ordinances, codes. rules and regulations and without such notice to the Owner. he shall bear all cost arising there from 7.0 Clean Lip ai The Contractor shall keep the sites and surrounding area reasonably free from rubbish at all times and shall remove debris from the site from time to time or when directed to do so by the Owner. Before final inspection and acceptance of the protect. the Contractor shall thoroughly clean the sites. and completely prepare the project and site for use by the Owner 8.0 Schedule a; Project shall start within 1 week of date of award and be completed in satisfactory manner, as deemed by MOPM withrn 2 weeks from date of award. with final inspection scheduled within 3 weeks from the date of award. Page 3 of 3 EXHIBIT "B" Insurance Certificate AC�RIJ® CERTIFICATE OF LIABILITY INSURANCE DATE IMMIDDIY 7/31/20133 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 INSURERfS), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: if the certificate holder is an ADDITIONAL INSURED, the pollcyfies) 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 Risk & Insurance Consultants, Inc 6400 Powers Ferry Rd., NW Suite 105 Atlanta GA 30339 CONTACT NAME: erY Ch1 Collins PHONE(404)459-597❑ IAJC N21, FAx [404]579-5936 E-MAILApcRFSS1 ccollins@riSkinSU]CanC0C0.COm INSURER 5 AFFORDIN G COVE RAG E NAIL P INSVRERA:St. Paul Mercury 24791 INSURED Superior Arbor Management, Inc PO Box 69 Dawsonville GA 30534 INSURERBAIIIerisafe Inc (American INSURER C: INSURER D: INSURER E INSURER F: COVERAGES CERTIFICATE NUMBER-CL1341004301 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE SEEN REDUCED BY PAID CLAIMS_ 3 NSR I L7 TYPE OF INSURANCE ADDL SUER POLICY NUMBER POLICY EFF MMfDDYEXP fYYYY LIMITS A GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE F—xl OCCUR 13000 Deerfield ZGL12T73928 /28/2013 /28/2014 EACH OCCURRENCE $ 1 , 000, 000 DAMAGE RTN7r5--- PREM( ET Ea occurrence $ 100,000 MEDEXP (Aayone person) $ 5,000 PERSONAL& ADV INJURY $ 1,000,000 Steve Molina/ROGGOW GENERAL AGGREGATE $ 2,000,000 GE N'L AGGREGATE LIMIT APPLIES PER X I POLICY PRO- LOC PRODUCTS - COM PIOP AGG S 2,000,000 $ A AUTOMOBILE LIABILITY ANY AUTO ALLOWNED SCHEDULED AUTOS X AUTOS X X NON -OWNED HIRED AUTOS AUTOS 750X342 / 28/2813 /28/2019 COMUINED SINGLE LIMIT Eaaccidem 11000,000 BODILY INJURY [Per person} $ BODILY INJURY [Per acrJdenl] $ PROPERTY DAMAGE $ a 'de E Uninsured motorist combined $ 1,000,000 A X UMBRELLA LIAR EXCESS LIAB X OCCUR CLAIMS -MADE ZUP12T73989 /28/2013 /28/2014 EACH OCCURRENCE $ 1,000,000 AGGREGATE $ 1,000,000 DED I X I RETENTIONS 10,000 $ B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y I N ANY PROPRiETOWPARTNERIEXEGl1TIVE EANIA OFFICERRNEMB ER EXCLUDED? [Mandatory in NH) If yes. describe under DESCRIPTION OF OPERATIONS below Vt9CGA2138762012 8/22/2012 8/22/2613 WC STATU- OTH- E.L. EACH ACC{DENT $ 100,000 E.L. DISEASE - EA EMPLOYE $ 10U'000 E L. DISEASE - POLICY LIMIT $ 500,000 DESCRIPTION OF OPERATIONS I LOCATIONS 1 VEHECLES (Attach AC ORD 101, Additional Rema rks Schedule, IF more space Is required) CERTIFICATE HOLDER CANCELLATION ACORD 25 (2010106) INSB25 nninn,) ni ©1988.2010 ACORD CORPORATION. All rights reserved. Tho ar'npn n�mo n—t I--- era renicFernrl r—L— of A!'n0n matthew, fallstrom@ cityofmi SHOULD ANY OF THE ABOVE DESCRIBED POLICIES 8E CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Milton, Georgia 13000 Deerfield Parkway AUTHORI2EDREPRESENTATIVE Shite 1070 Milton, GA 30004 Steve Molina/ROGGOW ACORD 25 (2010106) INSB25 nninn,) ni ©1988.2010 ACORD CORPORATION. All rights reserved. Tho ar'npn n�mo n—t I--- era renicFernrl r—L— of A!'n0n AOW POLICY FORM t_15T TRAVELERS Here's a list of all forms included in your policy, on the date shown below, These forms are listed in the same order as they appear in your policy. Title Form Number Edition Date Disclosure Notice Terrorism Risk Insurance Act Of 2002 DO101 01-08 Rejection Of Our Offer Of Coverage Renewal Certificate 40774 09-86 Policy Form List 40705 05-84 General Rules 40701 08-03 Georgia Required Endorsement 40518 05-07 What To Do If You Have A Loss 40814 08-03 Commercial General Liability Protection Coverage Summary 47110 01--96 Commercial General Liability Protection Estimated Premium 43492 04-94 Summary Commercial General Liability Protection 47500 01-01 Terrorism Risk Insurance Act Certified Acts Of Terrorism G0522 01-08 Exclusion Endorsement Limitation Of Coverage To First Manifested Bodily Injury Or G0683 06-04 Property Damage Endorsement Persons or Organizations for Your Work as Required by G0561 07-03 Written Contract Endorsement -Additional Protected Persons Asbestos Exclusion Endorsement G0468 03-02 Unsolicited Communication Exclusion Endorsement G0692 08-04 Described Projects Exclusion Endorsement G0171 01-96 Lead Exclusion Endorsement G0680 07-04 Mobile Equipment Subject To Compulsory Or Financial G0719 12-04 Responsibility Insurance Laws Or Scheduled Under Your Auto... Mold, Other Fungi, Or Bacteria Exclusion Endorsement G0492 04-02 Property Damage Change And Intellectual Property Exclusion G0467 07-01 Endorsement Silica Exclusion Endorsement G0685 07-04 puinsured Contractors Fremium Endorsement 47107 07-90 Property Damage Deductible Endorsement 43497 07-85 Described Products Or Completed Work Exclusion Endorsemont 47158 04-91 Described Work Exclusion Endorsement 43382 07-85 Employment -Related Practices Exclusion Endorsement 47153 09-01 Landscaper And Arborist Errors And Omissions Endorsement - G0544 03-03 With General Total And Each Event Sublimits Pesticide Or Herbicide Applicator Endorsement 43350 O1-96 Commercial General Liability Protection Coverage Summary 40502 01-80 Continued ?LEASE NOTE: This is a renewal of your policy. Some of the forms that make up your policy may not be attached. Only agreements or endorsements that are new ❑r have been changed are attached. Please refer to your previous policy for any forms listed here that are not attached. Name of Insured Policy Number zGL-12T73928-13-47 Effective Date 03128/13 SUPERIOR ARBOR MANAGEMENT, INC Processing We 03/30/13 14:49 001 40705 Ed. 5-B4 Form List (m 1984 The Travelers Indemnity Company. All rights reserved, Page I PERSONS OR ORGANIZATIONS FOR YOUR WORK AS REQUIRED BY WRITTEN CONTRACT ENDORSEMENT - ADDITIONAL PROTECTED PERSONS This endorsement changes your Commercial General Liability Protection. How Coverage Is Changed There are two changes, which are described below. t. The following is added to the Who is Protected Linder This Agreement section. This change adds certain Protected persons and limits their protection. Persons or organizations for your work as required by written contract. Any person or organization that: ■ is not otherwise a protected person under this agreement; and .you agree in a written contract for insurance to add as an additional Protected person under this agreement for your work; is a protected person. But only for covered injury or damage that results from your work for that person or organization. However, such person or organization is a protected person only for the lesser of: • the limits of coverage required by that written contract for insurance; or e the limits of coverage available under this agreement. But no such person or organization is a protected person for injury or damage that results from: * that person's or organization's sole negligence; or • the performance of, or failure to perform, architect, engineer, or surveyor professional services, if that person or organization is an architect, engineer, or surveyor. Written Contract for insurance means that part of any written contract or agreement in which you agree to add a person or organization as an additional protected person under this agreement that: *was made before; and ■ is in effect when; the bodily injury or property damage happens, or the personal irtjury offense or advertising injury offense is committed. Additionai protected person may also be called an additional insured in the written contract for insurance. We explain the terms: ■ your work in the Products and completed work total limit section; and ■ architect, engineer or surveyor professional services in the Contract liability exclusion. 2. The following is added to the Primary or excess other insurance section. This change broadens coverage for certain additional protected persons. If you specifically agree in a written contract that this insurance must be primary to and non-contributory with other insurance Issued directly to a person or organization that you agree in a written contract for insurance to add as an additional protected person under this agreement for your work, we'll apply this agreement as primary Insurance for, and we won't share with other insurance, any damages incurred by that additional protected person for; • covered bodily injury or property damage that happens after that written contract was made, or • covered personal injury or advertising injury that's caused by an offense committed after that written contract was made. Other Terms All other terms of your policy remain the same. G05E1 Ed. 7-03 • Endorsement o 2003 The St. Paul Travelers Companies, Inc. All Rights Reserved Page T of 7 EXHIBIT "C" CONTRACTOR AFFIDAVIT AND AGREEMENT STATE OF GEORGIA CITY OF MILTON By executing this affidavit, the undersigned contractor verities 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 on behalf of the City of Milton has registered with, is authorized to use and uses the federal work authorization program commonly known as E -Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91. Furthermore, the undersigned contractor will continue to use the federal work authorization program throughout the contract period and the undersigned contractor will contract for the physical performance of services in satisfaction of such contract only with subcontractors who present an affidavit to the contractor with the information required by 0.C.G.A. § 13-10-91[b]. Contractor hereby attests that its federal work authorization user identification number and date of authorization are as follows: 31.1&-1 q E- veairy Federal Work Authorization User Identification Number —5 Date of Authorization Superior Arbor Management Inc. Name of Contractor Tree Removal Name of Project City of Milton Name of Public Employer 1 hereby declare under penalty of perjury that the foregoing is true "Authorizedicer and correct.Executedon&A(stateSignature of 1 C (!L4.t Isecv-e; �c Printed Name and Title of Am horized Officer or Agent SUBSCRIBED SWORN BEFORE ME ON 7" �I� THE DAY OF ,201 UBLIC a,��i�fffal�I��r [NOTARY SEAL] ,a� Q`� - - - - ,,0,Orrr lot dp My Corm ionC-xpires: :UJ: ��rp,,i IES: EXHIBIT "D" SUBCONTRACTOR AFFIDAVIT STATE OF GEORGIA CITY OF MILTON By executing this affidavit, the undersigned subcontractor verifies its compliance with O.C.G.A. § 13-10-91, stating affirmatively that the individual, firm or corporation which is engaged in the physical performance of services under a contract with Superior Arbor Management Inc. on behalf of the City of Milton has registered with, is authorized to use and uses the federal work authorization program commonly known as E -Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91. Furthermore, the undersigned subcontractor will continue to use the federal work authorization program throughout the contract period, and the undersigned subcontractor will contract for the physical performance of services in satisfaction of such contract only with sub -subcontractors who present an affidavit to the subcontractor with the information required by O.C.G.A. § 13-10-91(b). Additionally, the undersigned subcontractor will forward notice of the receipt of an affidavit from a sub -subcontractor to the contractor within five (5) business days of receipt. If the undersigned subcontractor receives notice that a sub -subcontractor has received an affidavit from any other contracted sub -subcontractor, the undersigned subcontractor must forward, within five (5) business days of receipt, a copy of the notice to the contractor. Subcontractor hereby attests that its federal work authorization user identification number and date of authorization are as follows: Federal Work Authorization User Identification Number Date of Authorization Name of Subcontractor Name of Project City of Milton Name of Public Employer I hereby declare under penalty of perjury that the foregoing is true and correct. Executed on 201_ in {city), (state). Signature of Authorized Officer or Agent Printed Name and Title of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON'ITHIS THE DAY OF ,201 NOTARY PUBLIC (NOTARY SEAL] My Commission Expires: Lon, HOME OF `THEBEST QUALITY OF LIFE IN GEORGIA' 'M i LTONI E5 rAlil.lti1lr-1) 2006 TO: City Council CITY COUNCIL AGENDA ITEM DATE: August 9, 2033 FROM: City Manager AGENDA ITEM: Approval of a Services Agreement between the City of Milton and Emergency Communications Network, LLC. for the Provision of Emergency Notification Services to the Citizens of Milton. MEETING DATE: Monday, August 19, 2013 Regular City Council Meeting. BACKGROUND INFORMATION: [Attach additional pages if necessary] See attached memorandum APPROVAL BY CITY MANAGER: APPROVED () NOTAPPROVED CITY ATTORNEY APPROVAL REQUIRED: () YES XNO W O't --" j CI TY A TTORNEY RE VIEW REQ CARED: (} YES K_NO 12-012- 114( C-4 r y 6 ime APPROVAL BYCITYATTORNEY APPROVED (} NOT APPROVED PLACED ON AGENDA FOR: 016113 REMARKS 004 ® Yau�- PHONE: 678.242.25001 FAX: 678.242.2499. 'Green *c.ne�d* iop 3U1 Community C hk, infoi9cifyofmilfonga.us 1 www.cityofmiifonga.us 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 Page 1 of 2 To: Honorable Mayor and City Council Members From: Matt Marietta Date: Submitted on August 5, 2013 for the August 19, 2013 Regular Council Meeting Agenda Item: Approval of a Services Agreement between the City of Milton and Emergency Communications Network, LLC for the Provision of Emergency Notification Services to the Citizens of Milton ____________________________________________________________________________ Department Recommendation: Approve the amended contract providing electronic and telephonic emergency notification services to the citizens of Milton through Emergency Communications Network, LLC (ECN). Executive Summary: In 2012 the City of Milton entered into a contract with ECN, LLC for the provision of emergency notification services to the citizens of Milton. Since that time, the system has been used successfully for tornado warnings three times, and is now set up for an internal notification system within the fire department (other departments to be added). This system was originally deployed in August of 2012 to ensure coverage for our community as soon as possible. This early deployment resulted in a mismatch between their standard billing cycle and our fiscal year. In order to avoid an annual two month overlap, the contract has been amended (with the same terms) to put it on the same timeline as Milton’s fiscal year. Funding and Fiscal Impact: This will not affect funding in the fiscal year. Rather, it will align the contract with our budget cycle and provide an additional year of service at the initial discount price. This money is already anticipated in the M&O budget. Alternatives: There are no relevant alternatives. Legal Review: None. Page 2 of 2 Concurrent Review: Chris Lagerbloom, City Manager Attachment(s): ECN, LLC Agreement CODERED SERVICES AGREEMENT This CodeRED6 Services Agreement ("Agreement") is made and effective as of August 9. 2093 (the "Effective Date") by and between Emergency Communications Network, LLC. a Delaware Limited Liability Company ("Licensor") located at 9 Sunshine Boulevard, Ormond Beach, FL 32174 and the City of Milton, a body politic and corporate of the State of Georgia ("Licensee") located at 93000 Deerfield Parkway, Milton, GA 30004. Licensor is the owner of a service identified as "CodeRED(�) Emergency Notification System" (the "Service"), which is designed to allow authorized licensed users to have access 24 hours a day, 7 days a week for the purpose of generating high-speed notifications to targeted groups via an Internet -hosted software application. Licensee desires to utilize the Service for the purpose of communicating matters of public interest and concern. The parties agree as follows: 1. License: Licensor grants Licensee a non-exclusive and non -transferable license (the "License") to use the Service for Licensee's own purpose, in accordance with the terms of this Agreement. Licensor reserves the right to either charge additional fees or terminate this Agreement if other parties not contemplated in this Agreement are granted access to the Service by Licensee. Licensee assumes full and complete responsibility for the use of the Service by anyone whom Licensee permits to use the Service or who otherwise uses the Service through Licensee's access codes. Licensee may not assign, license, sublicense, rent, sell or transfer the License, the Service, those codes used to access the Service, or any rights under this Agreement. To access the Service, Licensor will provide Licensee with up to five 5 unique user name(s) and passwords). Additional users pass codes may be obtained at an additional annual fee as outlined in Exhibit A, attached hereto and incorporated by reference. 2. Ownership: Licensee also agrees that it shall not duplicate, translate, modify, copy, printout, disassemble, decompile or otherwise tamper with the Service or any software provided. The Licensee's License confers no title or ownership in the Service or its underlying technology. 3. Functionality: The Service provides the ability for Licensee to generate high-speed notifications to geographically selected calling areas and/or listed databases via an Internet -hosted software application. The Service utilizes an interactive voice response telephone service to record Licensee voice messages and initiate telephone call -out projects. Licensee's community database(s) shall be limited to containing contact data located within the geographic boundaries (determined by Lat/Lon coordinates) of the City of Milton. Georgia (the "Calling Area"). Licensee may only place calls via the system to telephone numbers assigned within the 48 contiguous United States of America. International call rates may be set by separate agreement. Any additional Service functions will be charged at the rates on Exhibit A. 4. Term: This Agreement, and the License extended herein, will continue for a period of three (3) years and sixty-one (69) days (the "Initial Term"} commencing on the Effective Date. Upon termination of this Agreement, whether by expiration of the Initial Term, any Renewal Term (as hereinafter defined) (the Initial Term and all Renewal Terms, collectively, the "Term") or as otherwise set forth herein, Licensee's access to the Service will be terminated and all System Minutes remaining on account shall transfer solely to Licensor, 6. Costs for the Service: During the Term of this Agreement, Licensee agrees to pay all costs and fees for utilizing the Service, as described in Exhibit A, and as set forth in this paragraph. Licensee understands and agrees that it will purchase prepaid minutes for the Service ("System Minutes"). Licensee further understands and agrees that whenever Licensee utilizes the Service, the actual calling minutes used by Licensee while utilizing the Service will be deducted from the balance of System Minutes remaining in Licensee's System Minutes account or bank. Licensee is responsible to maintain, at all times, a sufficient balance of System Minutes on account. Payment for the Service or System Minutes is due and payable upon receipt of invoice (RDI). Finance charges at a rate of 1% per month (12% per annum) will be charged on all balances outstanding beyond 60 days. All payments due under this Agreement shall be paid to: Emergency Communications Network, LLC at 9 Sunshine Blvd., Ormond Beach, FL 32174. Licensee understands and agrees that the prices set forth on Exhibit A are not final until this Agreement has been fully executed, and that it is at the Licensor's discretion to honor such prices in the event this Agreement has not been returned to the Licensor within 90 days from the date this Agreement was drafted for the Licensee. Emergency communications Network, LLC Page 1 of 6 Initials CodeRED® Services Agreement Licensor Licensee 6. Free Testing and Training Minute Blocks: Licensee is allotted free time on the system which runs the Service for the purpose of testing and training. Licensee understands and agrees that the following conditions must be met in order for Licensee to utilize the free minute bank specified in Exhibit A: a) Minutes used for testing and training will be deducted from Licensee's minute bank at the time of using the Service; b) Licensee must notify Licensor in writing within 60 days from the date the Service was used for testing or training, specifying qualified projects) and minutes used, to request that such minutes be designated as free minutes and restored to the minutes that were deducted from Licensee's System Minute bank. Licensee understands and agrees that, if Licensee fails to notify Licensor within 60 days of the use of the Service, the minutes used will not be eligible for restoration as free minutes, and will remain deducted from Licensee's System Minute bank as described above; c) Any unused minutes are not transferable, and shall only roll over by written agreement; and d) Licensor will have the final right to deem all free calling minutes eligible or ineligible for reimbursement under this paragraph. 7. Annual System Minute Bank Replenishment: For the first sixty one (fil) days of this Agreement, Licensee will have access to 8,356 System Minutes. Commencing on October 9. 2093 (the "Renewal Date"), Licensee will have access to 50,000 System Minutes. On each anniversary of the Renewal Date, for so long as this Agreement Is in effect, the System Minute bank will be refilled to 50.000 System Minutes. System Minutes are not transferable and do not rollover from year to year, unless otherwise paid for and agreed in writing. If the entire bank of System Minutes is exhausted during the given year, Licensee will be required to repurchase System Minutes according to the System Minute bank refill provisions described herein. 8. Discount Contract Extension: Upon completion of the Initial Term or any Renewal Term (as hereinafter defined) the Term of this Agreement will automatically extend for an additional three-year period (each a "Renewal Term"), except as otherwise set forth herein. This contract extension provision will continue to extend the Agreement by three (3) additional years at the end of the Initial Term or each three (3) year Renewal Term_ Either party may cancel this renewal provision by submitting written notice to the other no less than 30 days prior to the end of the then current Initial Term or Renewal Term. In the event the Agreement is renewed, such renewal shall trigger the following events on October 1" of every third year, commencing as of October 9, 2096 a) Licensee's System Minute bank will be replenished to the annual 50.00 minute balance; b) Licensor will update its systems to extend the active software License and associated access codes for three additional years of use; c) Licensor will invoice Licensee for additional year(s) of Service at the rate of thirty-six thousand dollars ($ 36,000) per three year Renewal Term which may be paid in installments of twelve thousand dollars ($92,000) per near, and d) Licensee agrees to pay the contract extension fee set forth in this paragraph for all years in the Renewal Term upon receipt of invoice from the Licensor, subject to the terms as set forth in paragraph 5. 9. Minute Bank Refill Feature: The parties recognize that Licensee may utilize the Service in a manner that results in Licensee exceeding the amount of prepaid System Minutes in Licensee's System Minute bank. In the event that using the Service completely exhausts Licensee's remaining prepaid System Minute bank, Licensor will immediately refill Licensee's System Minute bank with a block of 5,000 System Minutes, and will invoice Licensee for this block of minutes at the Additional System Minute price as indicated in Exhibit A. Licensee shall pay Licensor for all Additional System Minute blocks upon receipt of invoice from Licensor, subject to the same terms as set forth in paragraph 5. Licensee understands and agrees that it is required to Emergency Communications Network, LLC Page 2 of 6 Initials CodeRED® Services Agreement Licensor Licensee maintain a System Minutes balance in its System Minutes bank at all times, and agrees to purchase Additional System Minute blocks as needed in order to maintain a positive System Minute balance. The purpose of this refill feature is to ensure that calls being placed via the Service are not interrupted as the result of Licensee's depletion of its System Minutes. 10. Termination: Licensee or Licensor may terminate this Agreement at the completion of the Initial Term or the then -current Renewal Term by providing Licensor with no less than 30 days advance written notice prior to the end of the Term. Licensee understands and agrees that failure to provide notice as set forth herein shall result in automatic renewal. Upon termination of this Agreement, Licensee will return all Confidential Information (as hereinafter defined) and copies to Licensor. Licensor, in its sole discretion, may also terminate this Agreement: a) for any reason by providing no less than 30 days advance notice, and in such case, Licensor will refund to Licensee an amount equal to the lesser of the monthly -prorated balance of the annual fee based on the number of days left in the term of the Agreement or the value of the balance of System Minutes in Licensee's System Minute bank as calculated by multiplying the remaining System Minutes by the additional system minute price on Exhibit A; or b) immediately, and without further notice, as a result of Licensee's breach of this Agreement, and in such case, no fees paid hereunder shall be refunded. Upon termination, Licensee agrees to remove from Licensee's computer(s), and any computers within Licensee's control, any and all files and documents related to the Service_ 11. Copyright: Licensee understands and agrees that United States copyright laws and international treaty provisions protect the Service. Except for the limited License provided for herein, Licensor reserves all rights in and to the Service and all underlying data, compilations, and information maintained by Licensor relating to the Service, including but not limited to, the source or object code. Licensee shall not make any ownership, copyright or other intellectual property claims related to the Service or data processed through the Service. 12. Representations and Warranties: Licensee acknowledges and agrees that: (a) the Service is run by software that is designed to be active 24 hours per day, 365 days per year; software in general is not error - free and the existence of any errors in Licensee's software used in conjunction with the Service shall not constitute a breach of this Agreement; (b) in the event that Licensee discovers a material error which substantially affects Licensee's use of the Service, and Licensee notifies Licensor of the error, Licensor shall use reasonable measures to restore access to the Service, provided that such error has not been caused by incorrect use, abuse or corruption of the Service or the Service's software or by use of the Service with other software or on equipment with which it is incompatible by Licensee or a third party accessing the Service through Licensee's passcodes; (c) Licensee is responsible for maintaining access to the Internet in order to use the .Service; Licensor in no way warrants Licensee's access to the Internet via Licensee's Internet Service Provider(s); (d) Under certain rare instances not all technologies are compatible without manual intervention by both parties. Licensee agrees that its staff will cooperate with Licensor's staff to make necessary modifications to allow the Service to perform; and (e) the individual signing on behalf of Licensee is an authorized officer, employee, member, director or agent for Licensee and has full authority to cause Licensee to enter into and be bound by the terms of this Agreement and this Agreement fully complies with all laws, ordinances, rules, regulations, and governing documents by which Licensee may be bound. 13. Security: Licensor will use commercially reasonable practices and standards to secure and encrypt data transmissions. Licensee understands and acknowledges that Licensor is providing the Service on the World Wide Web through an "upstream" third party Internet Service Provider, utilizing public utility services which may not be secure. Licensee agrees that Licensor shall not be liable to Licensee in the event of any interruption of service or lack of presence on the Internet as a result of any disruption by the third party Internet Service Provider or public utility. Licensee agrees that Licensor cannot guarantee the integrity of any Licensee supplied or user supplied data. Any errors, duplications, or inaccuracies related to Licensee or user supplied data will be the responsibility of the Licensee. 14. Disclaimer: In no event (even should circumstances cause any or all of the exclusive remedies to fail their essential purpose, and even if Licensor has been advised of the possibility of such damages) shall Licensor, its officers, directors, managers, members employees or agents, be liable for any indirect, punitive, special, incidental or consequential damages of any nature (regardless of whether such damages are alleged to arise in contract, tort or otherwise), including, but not limited to, loss of anticipated profits or other economic loss in Emergency Communications Network, LLC Page 3 of 6 Initials CodeRED(D Services Agreement Licensor Licensee connection with or ensuing from the existence, furnishing, function, or Licensee's use of any item or products or services provided for in this Agreement. Licensee understands that the cumulative liability of Licensor for any and all claims relating to the Service provided by Licensor shall not exceed that total amount paid by Licensee for the most recent payment made by Licensee to Licensor. The Service is provided as -is, and Licensor disclaims all warranties, express or implied, and does not warrant for merchantability or fitness of a particular purpose. Licensee recognizes that once email and text messages have been released from Licensor's equipment, the ultimate delivery of the messages depends on the message recipient's local network. As a result Licensor cannot guarantee the delivery of email and text messages to a recipient. 15. Appropriate Use of The Service: To access the Service, Licensor will provide Licensee with unique user name(s) and password(s). Licensee agrees to maintain such user name(s) and password(s) as private and confidential information. Licensee agrees to use the Service in a way that conforms with all applicable laws and regulations. Licensee agrees not to initiate a call, such that the same call is to be delivered to two (2) or more lines of a business. Licensee specifically agrees not to make any attempt to gain unauthorized access to any of Licensor's systems or networks. Licensee agrees that Licensor shall not be responsible or liable for the content of the messages) created by Licensee, or by those who access the Service using Licensee's codes, or otherwise delivered by the Service on behalf of Licensee. Licensee agrees to be solely responsible for any and all liabilities, costs, and expenses, Including reasonable attorneys' fees arising from any violation of this Agreement by Licensee; from the content, placement, or transmission of any messages or materials sent or maintained through Licensee's accounts, or use of the Service through Licensee's account. Licensee shall be responsible for compliance with all applicable laws regarding outbound telemarketing, which may include, but are not limited to the Federal Telephone Consumer Protection Act of 1991, The Telemarketing and Consumer Fraud and Abuse Prevention Act of 1999 and the rules and regulations promulgated thereunder, as well as State and Local telemarketing laws and requirements. Licensee will be solely responsible and liable for any such violations, including but not limited to, all lawsuits, demands, liabilities, damages, claims, losses, costs or expenses, including attorneys' fees (whether by salary, retainer or otherwise), arising out of or resulting from, in whole or in part, a violation of such laws. 16. Confidentiality: Licensor acknowledges the confidential nature of Licensee and user supplied data and files that it is to prepare, process or maintain under this Agreement, and agrees to perform its duties in such a manner as to prevent the disclosure to the public or to any persons not employed by Licensor, any confidential data and files. Data collected by Licensor will remain secured on Licensor's equipment and will only be released upon mutual agreement by both parties or a court order of sufficient jurisdiction. Licensee understands and agrees that private citizens and other persons in the Calling Area may voluntarily contribute their contact information to be used in the Service, and that Licensor shall develop and maintain a database of such information, along with other information privately developed by Licensor (the "Data"). Licensee acknowledges and agrees that Licensor desires to maintain the privacy of the Data, and that Licensee shall take no steps to compromise the privacy of the Data. Licensee further acknowledges that Licensor shall disclose to Licensee certain confidential, proprietary trade secret information of Licensor (along with the Data, "Confidential Information"). Confidential Information may include, but is not limited to, the Service, computer programs, flowcharts, diagrams, manuals, schematics, development tools, specifications, design documents, marketing information, user data, Calling Area data, financial information or business plans. Licensee agrees that, at all times during and after the termination of this Agreement, Licensee will not, without the express prior written consent of Licensor, disclose any Confidential Information or any park thereof to any third party. Nothing in this Agreement will be deemed to require Licensor to disclose any Confidential Information to Licensee or to prohibit the disclosure of any information in response to a subpoena or other similar order by a court or agency. The Licensee will promptly notify the Licensor of the receipt of any subpoena or other similar order and of any request under the Public Information Act or any other similar law, and will assist Licensor in preventing the disclosure of the Confidential Information pursuant to same to the extent required by Licensor. Licensee's compliance with the Georgia Open Records Act shall not constitute a violation of this provision, provided any request made pursuant to such act is disclosed as set forth herein. 17. Entire Agreement: This Agreement supersedes all prior understandings or agreements, whether oral or written, on the subject matter hereof between the parties. Only a further writing that is duly executed by both parties may modify this Agreement. The terms and conditions of this Agreement will govern and supersede Emergency Communications Network, LLC Page 4 of 6 Initials CodeRED® Services Agreement Licensor Licensee any additional terms provided by Licensee, including but not limited to additional terms contained in standard purchase order documents and third party application terms, unless mutually agreed to, via written signature, by Licensor. The terms of this Agreement shall not be waived except by a further writing executed by both parties hereto. The failure by one party to require performance of any provision shall not affect that party's right to require performance at any time thereafter, nor shall any waiver under this Agreement constitute a waiver of any subsequent action. 18. Notices: All notices or requests, demands and other communications hereunder shall be in writing, and shall be deemed delivered to the appropriate party upon: (a) personal delivery, if delivered by hand during ordinary business hours; (b) the day of delivery if sent by U.S. Mail, postage pre -paid; (c) the day of -signed receipt if sent by certified mail, postage pre -paid, or other nationally recognized carrier, return receipt or signature provided and in each case addressed to the parties as follows: As to Licensor: Emergency Communications Network, LLC, 9 Sunshine Blvd. Ormond Beach, FL 32174 As to Licensee: City of Milton Attn: Chris LagerbloomlCify Manager. 13000 Deerfield Parkway, Milton, GA 30004. Either party may change the address provided herein by providing notice as set forth in this paragraph. 19. General: Each party to this Agreement agrees that any dispute arising under this Agreement shall be submitted, prior to the initiation of any litigation or other legal proceeding, to mediation according to the rules and regulations of, and administered by, the commercial mediation division of the American Arbitration Association, and that any agreement reached pursuant to such mediation may be enforced in any court of competent jurisdiction. If any dispute arises hereunder, the prevailing party shall be entitled to all costs and attorney's fees from the losing party for enforcement of any right included in this Agreement, whether in a Court of first jurisdiction and all Courts of Appeal. 20. Interpretation and Severability: In the event any provision of this Agreement is determined by a court of competent jurisdiction to be void, the remaining provisions of this Agreement shall remain binding on the parties hereto with the same effect as though the void provision(s) had been limited or deleted, as applicable. 21. Counterparts and Construction: This Agreement may be executed in counterparts, each of which shall constitute an original, with all such counterparts constituting a single instrument. The headings contained in this agreement shall not affect the interpretation of this Agreement and are for convenience only. Licensee agrees that this Agreement shall not be construed against the Licensor as the drafter, and that Licensee has read and understands this Agreement, and had the opportunity to review this Agreement with legal counsel. 22. Survival: Certain obligations set forth herein represent independent covenants by which either party hereto may be bound and shall remain bound regardless of any breach of this Agreement and shall survive termination of this Agreement. IN WITNESS WHEREOF, the parties execute this Agreement on the date(s) indicated below. Licensee: City of Milton. Georgia Signature: Printed Name: Title- Date: Emergency Communications Network, LLC Page 5 of 6 CodeRED® Services Agreement Licensor: Emergency Communications Network, LLC Signature: _ Printed Name: Title: Date: Initials Licensor Licensee Exhibit A — Service Charges Three (3) year, sixty-one (61) day Discount CodeRED Service Agreement $ 38.005.48 Payments for initial term due in four (4) installments as follows: $ 2,005.48 prior to the initiation of the Service $12,000.00 on or before October 1, 2013 $12,000.00 on or before October 1, 2014 $12,000.00 on or before October 1, 2015 Initial sixty-one (61) day period will include 8.356 CodeRED System Minutes. Remainder of Initial Term and each Renewal Term will include up to 50.000 Annual CodeRED System Minutes $ Included (see section 7) Additional System Minutes $ 0.33 per minute 500 minutes for testing and training $ No Charge (see section 6) Email and Text Messaging $ No Charge Up to 5 CodeRED user pass codes $ included Additional pass codes may be purchased for an annual fee of $150.00 per pass code. Initial Residential Database Upload $ Waived One (1) CodeRED distance training session $ Included Additional distance training sessions may be purchased for $150.00 per hour (one hour minimum) System usage will be charged against Prepaid System Minutes at actual minutes of time connected while delivering prerecorded System calls. All calls will be billed in 6 -second increments. Only connected calls (live connections, answering machine connections and fax tone connections) will result in connection charges being incurred. Database Accuracy Updates Licensor Supplied Database: "Database Accuracy Updates" ensure that the data population maintained by Licensor under this Agreement undergoes periodic accuracy checks using the Licensor's most current in- house compiled database including, but not limited to, household addresses and telephone numbers. It will be the sole responsibility of the Licensee to maintain database accuracy and request updates from the Licensor. One annual "Database Accuracy Update" will be performed by the Licensor upon request by the Licensee at no charge. Additional updates requested by Licensee will incur charges at the rate listed below after the update service is completed by Licensor. 3d per record in final updated database poputation. Licensee Supplied Database: A service labor fee of One Hundred Dollars ($100.00) per hour will be billed to Licensee for any data importing, manipulating, and loading any database supplied by Licensee or on Licensee's behalf to Licensor. $100 per hour for database maintenance Annual System Maintenance, including all Software Upgrades $ No Charge Emergency Communications Network, LLC Page 6 of 6 Initials CodeREDD Services Agreement Licensor Licensee HOME OF 'THE BEST QUALITY OF LIFE IN GEORGIA' MItTON*k ESTABLISHED 2006 TO: City Council CITY COUNCIL AGENDA ITEM DATE: August 9, 2013 FROM: City Manager AGENDA ITEM: Approval of an Amendment to a Professional Services Agreement between the City of Milton and Tunnels -Spangler & Associates, Inc. (TSW) dated July 16, 2012 for the Purpose of Providing Coding Services for the Deerfield Form -Based Code Overlay Zone. MEETING DATE: Monday, August 19, 2013 Regular City Council Meeting. BACKGROUND INFORMATION. (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: APPROVED () NOTAPPROVED CITY ATTORNEY APPROVAL REQUIRED: V) YES ()IVO Cl TY ATTORNEY REVIEW REQUIRED: 0 -YES () NO APPROVAL BY CITY ATTORNEY APPROVED {) NOTAPPROVED PLACED ON AGENDA FOR: ❑ j q '3 REMARKS lnYoum- PHONE: 67$.242.25001 FAX: 67$.242.2499 r•. .3reen : Cmif" `�* ro�iuu Community 4 r;;. info@cityofmiltonga.us I www.cityofmilionga.us - Cy.K1 F1@a 1) ZL-- e 13000 Deerfield Parkway, Suite 407 1 Milton GA 30004 To: Honorable Mayor and City Council Members From: Kathleen Field, Community Development Director Date: Submitted on August 6, 2013 for the August 19, 2013 Regular Council Meeting Agenda Item: Approval of an Amendment to a Professional Services Agreement between the City of Milton and Tunnell-Spangler & Associates, Inc. (TSW) dated July 16, 2012 for the Purpose of Providing Coding Services for the Deerfield Form-Based Code Overlay Zone Department Recommendation: Approval. Executive Summary: When the original Scope of Work for the coding of the Deerfield/Rt. 9 area was developed, the geographic area was much smaller. Through input from the Stakeholder Committee, it was agreed that the geographic area should be expanded. TSW originally thought that they would be able to complete the work scope for the originally quoted price of $23,000. Upon completion of the project, it was found that they had incurred a cost overage of $2,950. They are requesting reimbursement of this amount. Funding and Fiscal Impact: Not to exceed $2,950. Alternatives: N/A Legal Review: Paul Higbee, August 7, 2013 Concurrent Review: Chris Lagerbloom, City Manager Attachment(s): Amendment to Contract Page 1 of 2 AMENDMENT #1 FOR PROFESSIONAL SERVICES AGREEMENT Deerfield Form-Based Code Overlay Zone WHEREAS, the City of Milton, Georgia and Tunnell-Spangler & Associates, Inc. (“Consultant”). have entered into a Professional Services Agreement (the “Agreement”) dated July 16, 2012, incorporated herein by reference, for coding services related to the Deerfield Form-Based Code Overlay Zone; and WHEREAS, the parties desire to issue an amendment pursuant to Section 8 of the Agreement, it being to the mutual benefit of all parties to do so, as set forth herein for the reasons and consideration set forth herein. NOW THEREFORE, the parties hereto agree to amend the Agreement as follows: 1. Section 1.0 Scope of Work: Compensation; Compensation of the Agreement is amended by replacing “…$23,000…” with “…$25,950…” 2. It is agreed by the parties hereto that all of the other terms and conditions of the Agreement, including all unamended portions, shall remain in full force and effect other than as modified herein. Upon execution by all parties, this Amendment shall be attached to and form a part of said Agreement. IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be duly executed by their duly authorized officers as of the day and year set forth next to each signature. [SIGNATURES ON FOLLOWING PAGE] Page 2 of 2 Michael Elliott, Ph.D. Signature: __________________________________ Printed Name: _______________________________ Title: ______________________________________ _____________________________ Notary Public [NOTARY SEAL] My Commission Expires: _____________________________ CITY OF MILTON: ___________________________________ By: _____________________________ Its: _____________________________ [CITY SEAL] SIGNED, SEALED, AND DELIVERED in the presence of: _____________________________ Witness _____________________________ Notary Public [NOTARY SEAL] My Commission Expires: _____________________________ City of Milton PROFESSIONAL SERVICES AGREEMENT Deerfield Farm -Based Code Overlay Zane This Agreement made and entered into this 16th day of July, in the year 2012, by and between The City of Milton, Georgia (sometimes referred to herein as the "City"), having its principle place of business at 13000 Deerfield Parkway Suite 107G, Milton GA 30004 and Tunnel] -Spangler & Associates, Inc. ("Consultant") having its principle place of business at 1389 Peachtree Street NE, Ste 200, Atlanta, GA 30309. WHEREAS, the City of Milton will require certain professional public works services beginning on October 24, 2011; and WHEREAS, the City's Purchasing Policy authorizes the procurement of professional services contracts of $30,000.00 or less; and WHEREAS, the City has determined that this Agreement constitutes such professional services; NOW THEREFORE, in consideration of the mutual covenant and promises contained herein, the parties agree as follows: 1.0 Scope of Work; Compensation The Consultant agrees to provide all Services specified in Exhibit "A," attached hereto and incorporated herein by reference, for the compensation described therein. No payments will be made for unauthorized work. Invoices should be submitted to Rick Pearce, 13000 Deerfield Parkway, Milton GA 30004, for approval. Payment will be sent to the designated address by U. S. Mail only; payment will not be hand -delivered. City agrees to pay Consultant for the services performed and costs incurred by Consultant upon the City's certification that the services were actually performed and costs actually incurred in accordance with this Agreement. Compensation for services performed and, if applicable, reimbursement for costs incurred shall be paid to Consultant upon the City's receipt and approval of an invoice, submitted upon completion of the Work, setting forth in detail the services performed and costs incurred. Invoices shall reflect charges incurred versus charges budgeted. The total amount paid under this Agreement for the Work shall not, in any case, exceed a lump sum fee of $23,000 (the "Contract Price") without prior written approval from the City. Consultant shall take no calculated risk in the performance of the Work. Specifically, Consultant agrees that in the event it cannot perform the Work within the budgetary limitations established without disregarding sound principles of Consultant's industry, Consultant will give written notice thereof immediately to the City. �rciyOfmna, �7 2.0 Independent Contractor 2.1. The Consultant is an independent Contractor. The Consultant is not an employee, agent or representative of the City of Milton. The Consultant shall obtain and maintain, at the Consultant's expense, all permits, license or approvals that may be necessary for the performance of the services. 2.2 Inasmuch as the City of Milton and the Consultant are entities independent of one another, neither has the authority to bind the other to any third person or otherwise to act in any way as the representative of the other, unless otherwise expressly agreed to in writing signed by both parities hereto. The Consultant agrees not to represent itself as the City's agent for any purpose to any party or to allow any employee of the Consultant to do so, unless specifically authorized, in advance and in writing, to do so, and then only for the limited purpose stated in such authorization. The Consultant shall assume full liability for any contracts or agreements the Consultant enters into on behalf of the City of Milton without the express knowledge and prior written consent of the City. 3.4 Indemnification The Consultant covenants and agrees to take and assume all responsibility for the services rendered in connection with this Agreement. The Consultant shall bear all losses and damages directly or indirectly resulting to it on account of the performance or character of the services rendered pursuant to this Agreement. Consultant shall defend, indemnify and hold harmless the City, its officers, boards, commissions, elected and appointed officials, employees and agents from and against any and all claims, suits, actions, liability, judgments, damages, losses, and expenses, including but not limited to, attorney's fees, which may be the result of willful, negligent or tortuous conduct arising out of the Work, performance of contracted services, or operations by the Consultant, any sub -consultant, anyone directly or indirectly employed by the Consultant or sub -consultant or anyone for whose acts the Consultant or sub -consultant may be liable, regardless of whether or not the offending act is caused in part by a party indemnified hereunder. Such obligation shall not be construed to negate, abridge, or otherwise reduce any other right or obligation of indemnity which would otherwise exist as to any party or person described in this provision. In any and all claims against the City or any of its agents or employees, by any employee of the Consultant, any sub -consultant, anyone directly or indirectly employed by the Consultant or sub -consultant or anyone for whose acts the Consultant or sub - consultant may be liable, the indemnification obligation set forth in this provision shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the Consultant or any sub -consultant under workers' or workmen's compensation acts, disability benefit acts or other employee benefit acts. This obligation to indemnify and defend the City, its members, officers, agents, employees and volunteers shall survive termination of this Agreement. 4.0 Insurance (1) Requirements: The Consultant shall have and maintain in full force and effect for the duration of this Agreement, insurance insuring against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Work by the Consultant, its agents, representatives, employees or sub -consultants. All policies shall be subject to approval by the City Attorney to form and content. These requirements are subject to amendment or waiver if so approved in writing by the City Manager. 2 `�1 r0ty of Mallon (2) Minimum Limits of Insurance: Consultant shall maintain limits no less than: (a) Comprehensive General Liability of $1,000,000 combined single limit per occurrence for bodily and personal injury, sickness, disease or death, injury to or destruction of property, including loss of use resulting there from. (b) Comprehensive Automobile Liability (owned, non -owned, hired) of $1,040,000 combined single limit per occurrence for bodily and personal injury, sickness, disease or death, injury to or destruction of property, including loss of use resulting there from. (c) Professional Liability of $1,000,000 limit for claims arising out of professional services caused by the Consultant's errors, omissions, or negligent acts. (d) Workers' Compensation limits as required by the State of Georgia and employers Liability limits of $1,000,000 per accident. (3) Deductibles and Self -Insured Retentions: Any deductibles or self-insured retentions must be declared to and approved by the City. (4) Other Insurance Provisions: The policy is to contain, or be endorsed to contain, the following provisions: (a) General Liability and Automobile Liability Coverage. (i) The City, its officials, employees, agents and volunteers are to be covered as insured as respects: liability arising out of activities performed by or on behalf of the Consultant; products and completed operations of the Consultant; premises owned, leased, or used by the Consultant; automobiles owned, leased, hired, or borrowed by the Consultant. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officials, employees, agents or volunteers. (ii) The Consultant's insurance coverage shall be primary noncontributing insurance as respects to any other insurance or self-insurance available to the City, its officials, employees, agents or volunteers. Any insurance or self-insurance maintained by the City, its officials, employees or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. (iii) Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its officials, employees, agents or volunteers. (iv) Coverage shall state that the Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. A �r� can 04 MAM (v) Coverage shall be provided on a "pay on behalf' basis, with defense costs payable in addition to policy limits. There shall be no cross liability exclusion. (vi) The insurer agrees to waive all rights of subrogation against the City, its officials, employees, agents and volunteers for losses arising from work performed by the Consultant for the City. (vii) All endorsements to policies shall be executed by an authorized representative of the insurer. (b) Workers' Compensation Coverage. The insurer will agree to waive all rights of subrogation against the City, its officials, employees, agents and volunteers for losses arising from work performed by the Consultant for the City. (c) All Coverages. (i) 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 (34) 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 4 of this Agreement. (5) Acceptability of Insurers: Insurance is to be placed with insurers with an A.M. Bests' rating of no less than ANIL (G) Verification of Coverage: Consultant shall furnish the City with certificates of insurance and endorsements to the policies evidencing coverage required by this clause prior to the start of work. The certificates of insurance and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificate of insurance and endorsements shall be on a form utilized by Consultant's insurer in its normal course of business and shall be received and approved by the City prior to execution of this Agreement by the City. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. The Consultant shall provide proof that any expiring coverage has been renewed or replaced at least two (2) weeks prior to the expiration of the coverage. (7) Sub -consultants: Consultant shall include all sub -consultants as insured under its policies or shall furnish separate certificates and endorsements for each sub -consultant. All coverage for sub -consultants shall be n f(��ciyofMkn subject to all of the requirements stated in this Agreement, including but not limited to naming the parties as additional insured. (8) Claims -Made Policies: Consultant shall extend any claims -made insurance policy for at least six (6) years after termination or final payment under the Agreement, whichever is later. (9) City as Additional Insured and Loss Payee: The City shall be named as an additional insured and loss payee on all policies required by this Agreement. 5.0 Term; Termination The term of this Agreement shall be from and shall terminate absolutely and without further obligation on the part of the City on December 31, 2012, provided that this Agreement, absent written notice of non -renewal provided by the City to Consultant at least thirty (30) days prior to December 31, 2012, shall automatically renew on January 1, 2013 to December 31, 2013. The City may terminate this Agreement upon a breach of any provision of this Agreement by Consultant and Consultant's subsequent failure to cure such breach within fifteen (15) days of receipt from the City of a written notice of the breach. Title to any supplies, materials, equipment, or other personal property shall remain in the Consultant until fully paid by the City. 5.0 Compliance with All Laws and Licenses The Consultant must obtain all necessary licenses and comply with local, state and federal requirements. The Consultant shall comply with all laws, rules and regulations of any governmental entity pertaining to its performance under this Agreement. TO Assignment The Consultant shall not assign or subcontract the whole or any part of this Agreement without the City of Milton's prior written consent. 8.0 Amendments in Writing No amendments to this Agreement shall be effective unless it is in writing and signed by duly authorized representatives of the parties. 9.0 Expertise of Consultant Consultant accepts the relationship of trust and confidence established between it and the City, recognizing that the City's intention and purpose in entering into this Agreement is to engage an entity with the requisite capacity, experience, and professional skill and judgment to provide the services in pursuit of the timely and competent completion of the Work undertaken by Consultant under this Agreement. 5 �{ h �1� �ruy a Mi1w 10.0 Governing Law This Agreement shall be governed in all respects by the laws of the State of Georgia. 11.0 Interpretation of Documents In the event of a conflict in language between this Agreement and any exhibit to this Agreement, the provisions most favorable to the City shall govern. 12.0 Entire Agreement This Agreement constitutes the entire Agreement between the parties with respect to the subject matter contained herein; all prior agreements, representations, statements, negotiations, and undertakings are suspended hereby. Neither party has relied on any representation, promise, nor inducement not contained herein. 13.0 Waiver of Agreement The City's failure to enforce any provision of this Agreement or the waiver in a particular instance shall not be construed as a general waiver of any future breach or default. 14.0 Sovereign Immunity Nothing contained in this Agreement shall be construed to be a waiver of the City's sovereign immunity or any individual's qualified good faith or official immunities. 15.0 Notices All other notices, writings or correspondence as required by this Agreement shall be in writing and shall be deemed received, and shall be effective, when: (1) personally delivered, or (2) on the third day after the postmark date when mailed by certified mail, postage prepaid, return receipt requested, or (3) upon actual delivery when sent via national overnight commercial carrier to the Parties at the addresses given below, unless a substitute address shall first be furnished to the other Parties by written notice in accordance herewith: NOTICE TO THE CITY shall be sent to: City Manager City of Milton 13000 Deerfield Parkway, Suite 107F Milton, Georgia 30004 NOTICE TO THE CONSULTANT shall be sent to: Caleb Racicot, AICP Tunnell-Spang ler- Walsh & Associates 1389 Peachtree Street, NE, Ste 200 Atlanta, GA 30309 G n p t. Ciry of Milton 16.0 No Personal Liability No member, official or employee of the City shall be personally liable to the Consultant or any successor in interest in the event of any default or breach by the City or for any amount which may become due to the Consultant or successor or on any obligation under the terms of this Agreement. Likewise, Consultant's performance of services under this Agreement shall not subject Consultant's individual employees, officers or directors to any personal liability, The Parties agree that their sole and exclusive remedy, claim, demand or suit shall be directed and/or asserted only against Consultant or the City, respectively, and not against any employee, officer, director, or elected or appointed official. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed by their duly authorized officers as of the day and year set forth next to each signature. TUNNELL-SPANGLER-WALSH SD TES, INC. Signature: J Printed Name: RACt f Title: S Member/Manager SIGNED, SEALED, AND DELIVERED in the presence of: iNOTARY SEAL] My Commission. Expires: ELIZABETH W. WALSH NOTARY PUBLIC Cekalb County State of Georgia My Comm. Expires June 1, 2014 7 rcKy Df Wnn SIGNED, SEALED, AND DELIVERED in the presence of: c J�jj Notary Public [NOTARY SEAL] My Commission Expires: 1-26-14 n �c ly f Mala, CITY OF Its: Z 00kTY , Gs�a'� of 11 U L4 V �_r#ff Z 7S1 Fl n i�_ ii E# s.faie "INT ■+fes: ,., - ; 1*:* Exhibit "A" CITY OF MILTON PROPOSAL FOR DEERFIELD FORM -BASED CODE Submitted by: Tunnell-Spangler-Walsh & Associates July 16, 2612 Contact: Caleb Racicot, AICP Tunnell-Spangler-Walsh & Associates 1389 Peachtree Street NE, Ste 200 Atlanta, GA 30309 4041873-6730 cracicot@tsw-design.com July 16, 2012 Windward Parkway businesses Townhouses along Webb Road A mixed office and retail center on Highway 9 DEERFIELD FORM -BASED CODE PROPOSAL OVERVIEW Tunnell-Spangler-Walsh & Associates {TSW} is pleased to submit our pro- posal for preparing a form -based code for the Deerfield area of the City of Milton as shown in Attachment 1. TSW is a full service planning, archi- tecture, and landscape architecture firm specializing in customized design solutions that improve the quality of life in the communities we serve. Our planning studio focuses on area plans, policy studies, outreach, and form - based coding. TSW believes that our form -based coding experience makes us uniquely qualified to assist the City of Milton in moving the vision for Deerfield towards reality. Caleb Racicot, proposed Project Manager for this effort, has prepared nearly a dozen farm -based codes across the region, including several locally -calibrated SmartCodes. This puts us in a unique position to assist the City in crafting a workable code that meets local needs. APPROACH The following process is proposed for preparing a locally -calibrated Smart - Code for the Deerfield area of Milton. Task One: lssae Identification Two months This task will review recent planning efforts and existing regulations in the Deerfield area, and solicit stakeholder feedback on them. This shall serve as the basis for the draft code and regulating plan identified in Task Two. 1. Initial Team Meeting - Meet with City staff to review the effort and finalize the approach. Z. Existing Statutory Review - Gather and review existing regulations, policies, covenants, and projects in the area. The purpose of this shall be to identify elements that could be included in the proposed code, such as new streets, multi -use trails, open spaces, and similar features. 3. Desired Form Analysis - Review the Highway 9/Georgia 400 Area Master Plan LCI Study and quantify the metrics within it. 4. Stakeholder Committee Creation - Establish a code review com- mittee to guide the code revision process. Elected officials and major property owners should be encouraged to join. 5. Interviews -Conduct one day of interviews. At a minimum, these shall include developers, landowners, city officials and staff, and residents. 6. Stakeholder Committee Meeting #1 - Introduce the process, present the Crabapple Form -Based Code, and a review of interview findings. Submitted to: CITY OF MILTON Submitted by: TUNNELL-SPANGLER-WALSH & ASSOCIATES July 16, 2012 The LCI plan calls for increased housing and office development in Deerfield DEERFIELD FORM -BASED CODE PROPOSAL Task T'wo: Drab Code and Regulating Plan Two to three months During this task, TSW will convert the vision of Task One and the Draft Code Elements of Task Two into a draft ordinance with supporting maps. 7. Draft Code V.0 - Prepare the locally -calibrated SmartCode. In addi- tion to standard elements, such as zones, building heights, setbacks, use, parking, etc., the code shall also incorporate the following: i. Transfer of Development Rights (TDR). Ii. Architectural standards, which should be prepared based on exist- ing design standards. iii. Code translation sheets of proposed transect zones and districts showing their relationship to existing zoning. 8. Draft Regulating Plan V.0 - Prepare a Regulating Plan showing the district and any location -specific requirements. These may include thoroughfare locations, greenway trails, density sub-areas/T Zones, public spaces, pedestrian ways, TDR Sending and Receiving areas, and other geographically -specific elements. 9. Revise Code and Regulating Plan - Following City review and com- ment, prepare Draft Code V.1 and Regulating Plan V.I. Transmit to the code review committee. 10. Stakeholder Committee Meeting #2 - After the code review commit- tee has had time to thoroughly review the draft materials, a meeting will be held to discuss the code. 11. Code and Regulating Plan Revisions - Based on comments from the code review committee and City staff, prepare Draft Code V.2 and Draft Regulating Plan V.2. Transmit to the code review committee. 12. Stakeholder Committee Meeting #3 - After the code review commit- tee has had time to thoroughly review the revised materials, a meeting will be held to discuss them. 13. Revise Cade and Regulating Plan - Prepare Draft Code V.3 and Reg- ulating Plan V.3. 14. Public Information Meeting - Present the Draft Code V.3 and Draft Regulating Plan V.3 at a public information meeting. Solicit feedback from the public and other stakeholders. Submitted to: CITY OF MILTON Submitted by: TUNNELL-SPANGLER-WALSH & ASSOCIATES 2 July 16, 2012 DRAWING BY JAMES WASS( DEERFIELD FORM -BASED CODE PROPOSAL Milton Approval Process Three months During this task, TSW will work with the City of Milton to finalize the code. At a minimum this will include: 15. Planning Commission Work Session - Present the Draft Code V.3 and Regulating Plan V.3 for review and comment. 16. Design Review Board Meeting - Present Draft Code V.3 and Regulat- ing Plan V.3 for review and comment. 17. Revise Code and Regulating Plan - Prepare Draft Code VA and Reg- ulating Plan VA. 18. Planning Commission Meeting - Present Draft Code VA and Regu- lating Plan VA for approval. 19. Revise Code and Regulating Plan - Prepare Final Draft Code and Regulating Plan. 20. Council Work Session - Present Draft Code VA and Regulating Plan VA for review and comment. Make any changes requested. Deliverables As part of this TSW shall provide the following: ■ Draft SmartCode V.0 -VA (digitally; printed copies shall be provided by the City of Milton) • Draft Regulating Plan V.0 -VA (digitally; one poster -size printed copy, printed copies shall be provided by the City of Milton) • Final Draft SmartCode and Regulating Plan (digitally, and with the type and number of printed copies identified for drafts above) • PowerPoint Presentations (digitally) ASSUMPTIONS TSW's performance of the items above is dependant upon the following: • TSW assumes that the current vision for Deerfield will be maintained. • TS W will use a locally -cal ibrated SmartCode for the coding effort. • The City of Milton will arrange and advertise meetings, including space reservation and refreshments. • TSW shall have access to CIS data provided by the City of Milton. • Other consultants or legal counsel shall be retained by the City of Mil- ton, particularly those advising the City on TDR mechanisms. Submitted to: CITY OF MILTON Submitted by: Tt1NNELL-SPANGLER-WALSH & ASSOCIATES 3 STATE OF GEORGIA CITY OF MILTON EXHIBIT "C" CONTRACTOR AFFIDAVIT AND AGREEMENT By executing this affidavit, the undersigned contractor verifies its compliance with O.C.G.A. § 13-10-91, stating affirmatively that the individual, firm, or corporation which is contracting with the City of Milton has registered with and is participating in a federal work authorization program, in accordance with the applicability provisions and deadlines established in O. C. G.A. § 13-10-91. The undersigned further agrees that, should it employ or contract with any subcontractor(s) in connection with the physical performance of services pursuant to this contract with the City of Milton, contractor will secure from such subcontractor(s) similar verification of compliance with O.C.G.A. § 13-10-91 on the Subcontractor Affidavit provided in Rule 300-10-01-.08 in the form attached hereto as Exhibit "D" 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. ce (aq6 EEV /asic Pilot Progr User Identification Number BY: Authorized Officer or Agent Date Tunnell-Spangler-Walsh & Associates >rMi01Z Fr�n t 624L Title of Authorized Officer or Agent of Contractor C-AL.E-1-5 ?AC W CF Printed Name of Authorized Officer or Agent SUBSCRIBED AND SWORN BFI ORr ME ON HIS THE 1,Y OF _� , 201 NolCommi ub11 My 'on Expires: EMBETH W. WALSH NOTARY PUBLIC Dekalb County State of Georgie My Comm, Expires June 1, 2014 c)-n= a v � m r � �, C7 a � n� o � a cn .� MINIM us r] E a a a r 4 h M] Q Z ?� r v 2 v 73 > v �' �, r•-0 C7 0 m a m CD v N - s. mN :v C ` � • * t f 1 do 14 ■ ~■ ■ Opp, Irw v i 0 0 v ■ n 0 � r1 rl C1 nc��n� 0 0 rt _r a @ CD r° rA y F N : N F �. N — CD 4 � - 7 O f � 1 HOME OF `THE BEST QUALITY OF LIFE IN GFO?GIA' MILTOIN44,111 L�] A 13 L[ S I I 1 D 00(, CITY COUNCIL AGENDA ITEM TO: City Council FROM: City Manager DATE: August 9, 2013 AGENDA ITEM: Approval of Change Order #1 to the Professional Service Agreement between the City of Milton and Foresite Group, Inc. for the Master Planning, Public Involvement, Traffic Study and Design of Bell Memorial Park. MEETING DATE: Monday, August 19, 2013 Regular City Council Meeting. BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: 4APPROVED (} NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: )<YES (} NO CI TY A TTORNEY RF VIEW REQUIRED: ;RYES f) NO APPROVAL BY CITY ATTORNEY APPROVED (} NOT APPROVED PLACED ON AGENDA FOR: REMARKS ® .' youl PHONE: 678.242.25001 FAX: 678.242.2499 info0city0miltonga.us I www.cityofmlltonga.us 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 Green 4w Community cFC I i F L E 0 UR U.v GV * Crrtit'�cd � 'Wiroe�igu Cr6ics U71 To: Honorable Mayor and City Council Members From: Jim Cregge, Parks and Recreation Director Date: Submitted on August 9, 2013 for the August 19, 2013 Regular Council Meeting Agenda Item: Approval of Change Order #1 to the Professional Services Agreement between the City of Milton and Foresite Group, Inc. for the Master Planning, Public Involvement, Traffic Study and Design of Bell Memorial Park. ____________________________________________________________________________ Department Recommendation: Staff is recommending the approval of a change order to the Professional Service Agreement between the City of Milton and Foresite Group, Inc. for the master planning, public involvement, traffic study and design of Bell Memorial Park. Executive Summary: On March 18, 2013, a professional services agreement with Foresite Group, Inc. was approved to start the planning and concept drawings of Bell Memorial Park. Following multiple public meetings and an extended period of citizen input, a draft master plan was produced. That plan maximizes all of the land and presents a sizable cost. We are now taking all data gathered in the research, public input sessions and topography analysis and creating an alternate draft master plan, for the purpose of comparing and contrasting two design concepts. In addition, we are obtaining an estimate of the dollar value associated with both draft master plans in order to better prioritize the features and amenities that the park will ultimately have. Funding and Fiscal Impact: The fee of $8,700 is within the budgeted price that was planned for in the FY13 budget. This will be paid with available funds from the Parks and Trail Expansion line item in the FY13 Capital Expenditures budget. This contract will result in a two designs which will allow the Mayor and Council to choose the best option for the City. Page 1 of 2 Page 2 of 2 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 make a design decision based upon the current draft master plan. Legal Review: Paul Higbee – Jarrard & Davis August 8, 2013 Concurrent Review: Chris Lagerbloom, City Manager Attachment(s): 1) Addendum #1 for Professional Services Agreement Contract CHANGE ORDER #1 FOR PROFESSIONAL SERVICES AGREEMENT BELL MEMORIAL PARK WHEREAS, the City of Milton, Georgia (“City”) and Foresite Group, Inc. (“Consultant”) have entered into a Professional Services Agreement (the “Agreement”) dated March 18, 2013, incorporated herein by reference, for the master planning, public involvement, traffic study and design of Bell Memorial Park; and WHEREAS, the parties desire to issue a change order pursuant to Section 2 of the Agreement, it being to the mutual benefit of all parties to do so, as set forth herein for the reasons and consideration set forth herein. NOW THEREFORE, the parties hereto agree to amend the Agreement as follows: 1. The Scope of Work/Services to be provided by Consultant pursuant to Exhibit “A” and Exhibit “B,” as contemplated by Section 2.1 of the Agreement is amended by adding the following additional items thereto: ADDITIONAL MASTER PLAN - This phase will include the following tasks: • Consultant will develop a conceptual master plan layout based on the requirements from City review and comment. • Consultant will integrate City comments and revise the conceptual layouts into a Draft Master Plan. • Consultant will prepare a preliminary grading plan, and prepare preliminary storm water analysis for the Draft Master Plan to quantify earthwork, retaining walls, and storm water volumes. • Consultant will assemble: (1) itemized a la carte cost estimates for the Additional Draft Master Plan; and (2) itemized a la carte cost estimates for the previous Draft Master Plan. Meetings will include the following: • 1 meeting with the City to review concept layouts • 1 meeting with the City to review Draft Master Plan and itemized a la carte cost estimate(s) Page 1 of 3 Addendum #1 Page 2 of 3 Deliverables – • A black and white line drawing of the Draft Master Plan (PDF and hard copy) • A rendered drawing of the Draft Master Plan (PDF and hard copy) • (1) Construction Cost Estimate for the Additional Draft Master Plan (PDF and hard copy); and (2) for the previous Draft Master Plan (PDF and hard copy), to include itemized pricing structure for possible phasing and/or bid alternates 2. Section 2.2 Compensation and Method of Payment; Compensation of the Agreement is amended by replacing “…$54,100.00…” with “…$62,800.00…” 3. It is agreed by the parties hereto that all of the other terms and conditions of the Agreement, including all un-amended portions, shall remain in full force and effect other than as modified herein. Upon execution by all parties, this Change Order shall be attached to and form a part of said Agreement. [SIGNATURES ON THE FOLLOWING PAGE] Addendum #1 Page 3 of 3 IN WITNESS WHEREOF, the parties hereto have caused this Change Order to be duly executed by their duly authorized officers as of the day and year set forth next to each signature. Foresite Group, Inc. Signature: __________________________________ Printed Name: _______________________________ Title: ______________________________________ SIGNED, SEALED, AND DELIVERED in the presence of: _____________________________ Witness _____________________________ Notary Public [NOTARY SEAL] My Commission Expires: _____________________________ CITY OF MILTON: ___________________________________ By: _____________________________ Its: _____________________________ [CITY SEAL] SIGNED, SEALED, AND DELIVERED in the presence of: _____________________________ Witness _____________________________ Notary Public [NOTARY SEAL] My Commission Expires: _____________________________ 8735186_2.DOC          August 2, 2013    VIA EMAIL  Jim Cregge  City of Milton, Parks and Recreation  13000 Deerfield Parkway, Suite 107A  Milton, Georgia 30009  jim.cregge@cityofmiltonga.us     Re: Addendum #1 to Letter Agreement for Master Planning Services  Bell Memorial Park Expansion, Milton, Georgia  RFQ #13‐PR01    Dear Mr. Cregge:    Foresite Group, Inc. (“Foresite Group”) thanks you for the opportunity to submit this Addendum #1 to  our original Letter Agreement (“Letter Agreement”) to the City of Milton (“Client”).  The following  breakdown lists the services to be rendered that are out of the scope of the original Letter  Agreement, along with our fees to provide such services.    Project Understanding    We understand that the City of Milton is requesting one additional Draft Master Plan and an associated  cost estimate. The plan will include two rectangular multi‐purpose fields. One rectangular field will be  synthetic turf and the other rectangular field will be grass with a baseball field overlay. The plan will  include a total of 5 baseball fields, lighting for all fields, parking and required infrastructure. Other park  amenities such as walking trails, shade structures, new playgrounds, and specialty hardscape design may  be included as line items beyond the base budget.     At the end of this task, Foresite will provide a rendered Final Master Plan of the Draft Master Plan under  our original scope of services for City Council Approval.       SECTION 1  Scope of Services    PHASE 1: ADDITIONAL MASTER PLANS  This phase will include the following tasks:   We will develop a conceptual master plan layout based on the requirements above for Client  review and comment.   We will integrate Client comments and revise the conceptual layouts into a Draft Master Plan.   We will prepare a preliminary grading plan, and prepare preliminary stormwater analysis for the  Draft Master Plan to quantify earthwork, retaining walls, and stormwater volumes.  Fee Addendum 1: Bell Memorial Park Expansion Master Plan  Page 2  August 2, 2013  8735186_2.DOC   We will assemble (1) itemized a la carte cost estimate for the Additional Draft Master Plan and  (1) itemized a la carte cost estimate for the previous Draft Master Plan.    Meetings will include the following:   1 meeting with the Client to review concept layouts   1 meeting with the Client to review Draft Master Plan and itemized a la carte cost estimate(s)    Deliverables –    A black and white line drawing of the Draft Master Plan (PDF and hard copy)   A rendered drawing of the Draft Master Plan (PDF and hard copy)   (1) Construction Cost Estimate for the Additional Draft Master Plan (PDF and hard copy) and  (1)  for the previous Draft Master Plan (PDF and hard copy), to include itemized pricing structure for  possible phasing and/or bid alternates    SECTION 3  Fees      Task Task Fee    Phase 1 – Additional Master Plan $ 8,500.00  Reimbursable Expenses $ 200.00                                                                                Total  $8,700.00    An amount will be included in each invoice to cover certain other office expenses such as in‐house  duplicating, local mileage, telephone calls, facsimiles, and postage. Reimbursable expenses include  express mail, out‐of‐town mileage, reproduction of project drawings, and other direct.    Fees and expenses will be invoiced monthly based, as applicable, upon the percentage of services  completed or actual services performed and expenses incurred as of the billing period.  Payment will be  due within 28 calendar days of the date of the invoice.  Payments shall be made electronically or sent to  Foresite Group, Inc., 5185 Peachtree Pkwy Suite 240, Norcross GA 30092.      Fee Addendum 1: Bell Memorial Park Expansion Master Plan  Page 3  August 2, 2013  8735186_2.DOC    SECTION 4    2013 Hourly Rate Schedule  (To be Adjusted Annually)    Principal $ 180/hour  Practice Leader $ 160/hour  Division Director $ 150/hour  Program Manager $ 150/hour  Chief Engineer, P.E. $ 150/hour  Department Manager $ 140/hour  Senior Project Engineer, P.E. $ 140/hour  Senior Landscape Architect, RLA $   140/hour  Senior Project Manager $ 140/hour  Project Engineer, P.E. $ 125/hour  Project Landscape Architect, RLA $ 125/hour  Project Manager $ 125/hour  Project Analyst 3 $ 115/hour  Project Analyst 2 $ 105/hour  Project Analyst 1 $ 95/hour  Project Intern $ 65/hour    Senior Designer $ 105/hour  Designer II $ 95/hour  Designer I $ 85/hour  CAD Drafter II $ 80/hour  CAD Drafter I $ 75/hour    Graphic Designer $  90/hour  Administrative Assistant $ 65/hour  Fee Addendum 1: Bell Memorial Park Expansion Master Plan Page 4 August 2, 2013 If you agree to the terms of this Addendum and the Standard Terms and Conditions agreed to in the original contract describe above, please have an authorized representative sign two copies of this Letter Agreement in the spaces below. Retain one copy for your records and return the other to our office. We appreciate the opportunity to provide these services to you. Please do not hesitate to contact us if you have any questions or comments. Sincerely, FORESITE GROUP, NC. By: (for Erica Madsen) (Signature) Name: Erica S. Madsen, P.E. Title: Email: Date: Client: City of Milton By: Name: Title: Date: Project Manager emadsen@fg-inc.net August 2, 2013 (Signature) (Printed Name) ALL INVOICES SHALL BE SENT TO THE FOLLOWING ADDRESS: City of Milton Parks and Recreation Department 13000 Deerfield Parkway, Suite 107A Milton, GA Attn: Jim Cregge (Signature) W. Brant Aden, P.E. CEO baden@fg-inc.net August 2, 2013 ALL PAYMENTS SHALL BE SENT VIA EFT OR TO THE FOLLOWING ADDRESS: Foresite Group, Inc. 5185 Peachtree Pkwy Suite 240 Norcross, GA 30092 HOME OF `T IF BEST QUALITY OF LIFE IN GEORGIA.'I LTO -N ... .................. ...... ESI-ABL1Sl I ED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: August 13, 2013 FROM: City Manager AGENDA ITEM: Approval of a Construction Services Agreement between the City of Milton and MRC Group LLC. for Sidewalk Trip Hazard Removal. MEETING DATE: Monday, August 19, 2013 Regular City Council Meeting. BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (APPROVED () NOT APPROVED CI TY A TTORNEY A PPRO VAL REQUIRED: YES {) NO CITY A TTORNEY REVIEW REQUIRED:} YES {) NO APPROVAL BY CITY ATTORNEY KAPPROVED (} NOT APPROVED PLACED ON AGENDA FOR: 3 REMARKS gYoum —` PHONE: 678.242.2500 I FAX: 678.242.2499 Gfden * Ciry of '" op ioo inic(Ocityofmiltonga.us 1 www.cityoFmiHonga.us Co,mmun1 y Ethirs� 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 - CERI ED 9R0'J. -- ?j ArL To: Honorable Mayor and City Council Members From: Roddy Motes, Public Works Manager Date: Submitted on August 13, 2013 for the August 19, 2013 Regular Council Meeting Agenda Item: Approval of a Construction Services Agreement between the City of Milton and MRC Group LLC. for Sidewalk Trip Hazard Removal ____________________________________________________________________________ Department Recommendation: Approval. Executive Summary: This project will remove the trip hazards in the sidewalks located on Webb Road, Deerfield Road, and Morris Road. Funding and Fiscal Impact: Funding for this project is available in the Public Works Infrastructure/Sidewalks budget in the Public Works Department. Alternatives: None. Legal Review: Ken Jarrard – Jarrard & Davis (July 26, 2013) Concurrent Review: Chris Lagerbloom, City Manager Attachment(s): Construction Services Agreement for Sidewalk Trip Hazard Removal HOME or ' MILLONtSI CONSTRUCTION SERVICES AGREEMENT Sidewalk Trip Hazard Removal This Services Agreement (the "Agreement") is made and entered into this day of , 2013, by and between the CITY OF MILTON, GEORGIA (hereinafter referred to as the "City"), and MRC Group LLC. (hereinafter referred to as the "Contractor") having its principal place of business at 1711 Cove Point Gainesville, Georgia 30541 WITNESSETH THAT: WHEREAS, the City desires to employ a contractor to perform the services described herein (the "Work"); and WHEREAS, Contractor has familiarized itself with the Contract Documents, as defined below, the Work, and with all local conditions and applicable federal, state and local laws, ordinances, rules and regulations. 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: This Agreement and the following named Exhibits, attached hereto and incorporated herein by reference, constitute the "Contract Documents": A -SCOPE OF WORK; EXHIBIT BANSURANCE CERTFICATE; EXHIBIT C -CONTRACTOR AFFIDAVIT AND AGREEMENT; EXHIBIT D- SUBCONTRACTOR AFFIDAVIT To the extent that there may be any conflict among the Contract Documents, the provision operating most to the benefit of the City shall govern. Section 2. The Work: Contractor shall provide all Work described in the Contract Documents. 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. Unless otherwise stated in the Contract Documents, the Work shall include Contractor's provision of materials, labor, expenses, and any other cost or item necessary to complete the Work, which is generally described as the removal of marked sidewalk trip hazards as identified in Exhibit "A". Section 3. Contract Time: Contractor understands that time is of the essence of this Agreement and warrants that it will perform the Work in a prompt manner, which shall not impose delays on the progress of the Work. It shall commence Work pursuant to this Agreement on or before a date to be specified on a written "Notice to Proceed" from the City, and shall fully complete the Work within 14 business days of the "Notice to Proceed". Section 4. Work Changes: Any changes to the Work requiring an increase in the Contract Price, as defined below, shall require a written change order executed by the City in accordance with its purchasing regulations. Section 5. Compensation and Method of Payment: City agrees to pay Contractor for the services performed and costs incurred by Contractor upon the City's certification that the services were actually performed and costs actually incurred in accordance with this Agreement. Compensation for services performed and, if applicable, reimbursement for costs incurred shall be paid to Contractor upon the City's receipt and approval of an invoice, submitted upon completion of the Work, setting forth in detail the services performed and costs incurred. Invoices shall reflect charges incurred versus charges budgeted. The total amount paid under this Agreement for the Work shall not, in any case, exceed $2,450.00 (the "Contract Price"), except as outlined in Section 4 above. 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 principles of Contractor's industry, Contractor will give written notice thereof immediately to the City. Section 6. Covenants of Contractor A. Assignment of Agreement: 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. B. Responsibility of Contractor and Indemnification of Citx: Contractor covenants and agrees to take and assume all responsibility for the services rendered in connection with the Work. 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 tortious conduct arising out of the Work, performance of contracted services, or operations by Contractor, any subcontractor, anyone directly or indirectly employed by Contractor or subcontractor or anyone for whose acts Contractor or subcontractor may be liable, regardless of whether or not the negligent act is caused in part by a party indemnified hereunder. Contractor shall not be required to indemnify the City or its officers, boards, commissions, elected or appointed officials, employees or agents against liability or claims for damages, losses, or expenses, including attorney fees, arising out of bodily injury to persons, death, or damage to property caused by or resulting from the sole negligence of the City or its officers, boards, commissions, elected or appointed officials, employees or agents. C. Independent Contractor: Contractor hereby covenants and declares that it is engaged in an independent business and agrees to perform the Work as an independent contractor, not as agent or employee of City. Inasmuch as City and 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 by both parties. Contractor agrees not to represent itself as City's agent for any purpose to any parry or to allow any employee to do so, unless specifically authorized, in advance and in writing, and then only for the limited purpose stated in such authorization. Contractor shall assume full liability for any contracts or agreements Contractor enters into on behalf of City without the express knowledge and prior written consent of City. D. Insurance: Contractor shall have and maintain in full force and effect for the duration of this Agreement, insurance approved by the City as shown on Exhibit "B". E. Licenses, Certifications and Permits: Contractor covenants and declares that it has obtained and will maintain all diplomas, certificates, licenses, permits or the like required by any national, state, regional, City, and local boards, agencies, commissions, committees or other regulatory bodies to perform the Work. Contractor shall comply with applicable legal requirements and meet the standard of quality ordinarily expected of its industry. F. Ownership of Work: All reports, drawings, specifications, and other items prepared or in the process of being prepared for the Work by Contractor ("materials") shall be the property of the City and the City shall be entitled to full access and copies of all materials. Ali copyrightable subject matter in all materials is hereby assigned to the City and Contractor agrees to execute any additional documents necessary to evidence such assignment. G. Contractor's Representative: Mark Clement shall be authorized to act on Contractor's behalf with respect to the Work as Contractor's designated representative. H. Confidentiality: Contractor acknowledges that it may receive confidential information of the City and that it will protect the confidentiality of any such confidential information and will require any of its subcontractors, consultants, and/or staff to likewise protect such confidential information. 1. Meetings: Contractor shall meet with 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 City. Section 7. Warranty: Contractor shall repair all defects in materials, equipment, or workmanship appearing within one year from the date of completion of the Work at no additional cost to the City. 2 Section 8. Termination: The City may terminate this Agreement for convenience at any time upon written notice to Contractor. Provided that no damages are due to the City for Contractor's breach of this Agreement, the City shall pay Contractor for Work performed to date in accordance with Section 5 herein. Section 9. Miscellaneous A. Governing Law. This Agreement shall be governed by the laws of the State of Georgia. B. 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. C. Sovereign Immunitx. 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. D. Employment of Unauthorized Aliens Prohibited: (1) E -Verify Affidavit 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: (1) the Contractor shall provide evidence on City -provided forms, attached hereto as Exhibits "C" (affidavits regarding compliance with the E -Verify program to be sworn under oath under criminal penalty of false swearing pursuant to O.C.G.A. § 16-10-71), that it and Contractor's subcontractors have conducted a verification, under the federal Employment Eligibility Verification ("EEV" or "E -Verify") program, of the social security numbers, or other identifying information now or hereafter accepted by the E -Verify program, of all employees who will perform work on the City contract to ensure that no unauthorized aliens will be employed, or (2) the Contractor provides evidence that it is not required to provide an affidavit because it is licensed pursuant to Title 26 or Title 43 or by the State Sar of Georgia and is in good standing as of the date when the contract for services is to be rendered. The Contractor hereby verifies that it has, prior to executing this Agreement, executed a notarized affidavit, the form of which is provided in Exhibit "C", and submitted such affidavit to City or provided the City with evidence that it is not required to provide such an affidavit because it is licensed and in good standing as noted in subsection (2) above. Further, Contractor hereby agrees to comply with the requirements of the federal Immigration Reform and Control Act of 1986 (IBCA), P.L. 99-643, O.C.G.A. § 13-14-91 and Rule 300-10-1-.02. In the event the Contractor employs or contracts with any subcontractor(s) in connection with the covered contract, the Contractor agrees to secure from such subcontractor(s) attestation of the subcontractor's compliance with O.C.G.A. § 13-10-91 and Rule 340-10-1-.02 by the subcontractor's execution of the subcontractor affidavit, on a form to be provided by the city the form of which is attached hereto as Exhibit "D", which subcontractor affidavit shall become part of the contractor/subcontractor agreement, or evidence that the subcontractor is not required to provide such an affidavit because it is licensed and in good standing as noted in subsection (2) above. If a subcontractor affidavit is obtained, Contractor agrees to provide a completed copy to the City within five (5) business days of receipt from any subcontractor. Where Contractor is required to provide an affidavit pursuant to O.C.G.A. § 13-10-91, the City Manager or his/her designee shall be authorized to conduct an inspection of the Contractor's and Contractor's subcontractors' verification process at any time to determine that the verification was correct and complete. The Contractor and Contractor's subcontractors shall retain all documents and records of their respective verification process for a period of three (3) years following completion of the contract. Further, where Contractor is required to provide an affidavit pursuant to O.C.G.A. § 13-10-91, the City Manager or his/her designee shall further be authorized to conduct periodic inspections to ensure that no City Contractor or Contractor's subcontractors employ unauthorized aliens on City contracts. By entering into a contract with the City, the Contractor and Contractor's subcontractors agree to cooperate with any such investigation by making their records and personnel available upon reasonable notice for inspection and questioning. Where a Contractor or Contractor's subcontractors are found to have employed an unauthorized alien, the City Manager or his/her designee may report same to the Department of Homeland Security. The Contractor's failure to cooperate with the investigation may be sanctioned by termination of the contract, and the Contractor shall be liable for all damages and delays occasioned by the City thereby. Contractor agrees that the employee -number category designated below is applicable to the Contractor. [information only required if a contractor affidavit is required pursuant to O.C.G.A. § 13-10-91.1 500 or more employees. 100 or more employees. x Fewer than 100 employees. Contractor hereby agrees that, in the event Contractor employs or contracts with any subcontractor(s) in connection with this Agreement and where the subcontractor is required to provide an affidavit pursuant to O.C.G.A. § 13-10-91, the Contractor will secure from the subcontractor(s) such subcontractor(s) indication of the above employee -number category that is applicable to the subcontractor. The above requirements shall be in addition to the requirements of State and federal law, and shall be construed to be in conformity with those laws. E. 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 (F) in every subcontract for services contemplated under this Agreement. 4 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed under seal as of the date first above written. MRC Group LLC. Signature: �� Printed Name: Mark Clement Title: Owner [AFFIX CORPORATE SEAL] CITY OF MILTON, GEORGIA Joe Lockwood, Mayor ivi L kit S g canerr5urfr s Sidewalk Trip Hazard Removal BIDS DUE July 24th BY 5:40 PM Deerfield Parkway Webb Road Morris Road City of Milton, Georgia Page 1 of 6 Scope of Work The undersigned. as bidder- declares and represe^ts that it has examined the site of the work and informed himseiflherself fully in regard to all conditions pertaining to the place where the work is to be performed, including those _ondl` ons affecting the cost of the work and the delivery handling and storage of rnatenais and equipment. The bidder has examined and read the Bidding DocUmer4 and has satisfied himself/herself that the Bidding Document is zn adequate and acceptable reflection at the work which is required to be performed and that the bidder is willing and able to perform all of the ;vork necessary- Tris bidder further certifies tfiial no additional, information is required to complete the vcrk e icomppsaed by this hick vrithin :he cost and schedule established and agreed upon within this biddirnc Jocurner - The bidder proposes and agrees tha' r this bid is accepted to caDnt act with the City of Mil',vn to coviCe all construction. labor materials_ equ i pinent products. transportation. and other facilities and services as necessary andlor required to execute and complete the work in full in accordance wit'r. t`e s.Vpe of vvork provided to the full satisfaction cf ;ne'City. THE BASE SQ IS THE AMOUNT UPON VVHICH THE BIDDER WILL BE FORMALLY EVALtJATED- Q.ND WHICH'vVIL;_ BE USED Tg DETERMINE THE LOWEST RESPONSIBLE SiDDER. T he costs for developing and delivering responses to this bid and any subsequent pmseritat�orrs =s requested by the City are ent=re;y the r esponsibiRy of the bidder The City is not viable for anv axnense incurred by the bidder in the preparation. of their bid. The City of Mil -Loo. reserves the richt :o resect env a;, bids. to waive technicali`ies and i[1 Qrr i81lt GJ and to make award in the best interest ,,f the Cit} of Milton. The base bid may not be withdrawn or modi;ied, except at tine request of fie Ciiv for a period of sixty ^Ci days fallowing receipt of the bids This projec= shall be bid as Lump Sum contract RIDS DUE .duly 24th BY 5:00 PM Base Bid Amount _IPC GROUP I,l.,c fcompari _ _ :-- - _? —1-- Sianaturel i Dollar Amount in Numbers) TWO THOUSAND FOUR HUNDRED AND FIFTY DOLLARS Dollar Amount :n Words; ?age 2 or 6 -- I 1.0 General Conditions a) Construction activity within 1000 feet on an occupied residence will be allowed Mon. -Fri between the hours of 7:30 AM and 7:30 PM and Sat. between 8:30 AM and 5:00 PM. Construction activity more than 1000 feet From an occupied residence will be allowed Mon. - Fri. between the hours of 7100 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. ej The Contractor Affidavit and Agreement (eVerify) form attached hereto shall be completed and submitted with the bid. 2.0 Bonds a] In accordance with Q.C_G.A. 32-4-119 the contractor shalt provide the following bonds: 1. Performance and Payment Bonds, each in the amount of 100% of the hid amount_ 3.0 Material, Equipment and Employees ay All materials small 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 C iter. cj Products are generally specified by ASTM or other reference standard andlor by manufacturers name and model number or trade name. When specified only by reference standard, the Contractor may select any product meeting this standard, by any manufacturer. When several products or manufacturers are specified as being equally acceptable. the Contractor has the option of using any product and manufacturer combination listed. d) The contractor shall be aware that the cited examples are used only to denote the quality standard of product desired and that they do not restrict bidders to a specific brand, make, manufacturer or specific name; that they are used only to set forth and convey to bidders the general style. type, character and quality of product desired; and that equivalent products will be acceptable. Substitution of materials, items or equipment of equal or equivalent design shall be submitted to the City for approval or disapproval; such approval or disapproval shall be made by the City prior to the opening of bids. e) if at any time during the completion of the work covered by these contract documents, the conduct of any employee of the contractor or sub -contractors is considered by the City to detrimental to the work or reflect poorly upon the City; the Contractor shall order such parties removed immediately from the site. Page 3 of 6 fj The contractor shall designate a foremanfsuperintendent who shall direct the work. g} The contractor shall. unless otherwise specified, supply and pay for all labor, transportation. materials; tools, apparatus, lights, power, fuel, sanitary facilities and incidentals necessary for the completion of his work, and shall install, maintain and remove all equipment, other utensils or things, and be responsible for the safe, proper and lawful construction, maintenance and use of same, and shall construct in the best and most workmanlike manner. a complete job and everything incidental thereto, stated in the specifications, or reasonably implied there from, all in accordance with the contract documents. h} Sidewalk repair equipment and all other items incidental to the work shall not be stored on the sidewalk or on private property while not in use. Equipment may not be stored on lawn extension areas, unless permission is given by the Engineer in wri!ing i) A dust containment system may be utilized during the repair process to beep dust to a minimum. 4.0 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. 5.4 Performance a) The contractor should remove sidewalk trip hazards from the concrete walks by using either a water Lubricated. diamond blade. saw or a scarifier_ Other options may be considered on a case-by-case at the discretion of the city_ The final surface will have a smooth "non -slip' textured surface finish without any rough edges. The contractor shall ensure that each repair will have a zero point of differential between slabs and that each repair will be precisely flush woth the full width of the slab_ The final slope will be no steeper than a 112 slope in accordance with ADA repair guidelines_ b:r The Contractor shall comply with the Mt1T(.D and the State of Georgia Department of Transportation standards for traffic control_ c1 The Contractor shall obtain the required permits, if required, give all notices: and comply with all laws, ordinances. codes. rules and regulations hearing on the conduct of the work under ;his contract. if the Contractor observes that the drawings and specifications are at variance 'herewith. 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. 6.0 Safety Requirements aj 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. Page 4 of 6 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 failing materials and he shall maintain all protective devices and signs throughout the progress of the work. 7'.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 pro)ect, the Contractor shalt thoroughly clean the sites. and completely prepare the project and site for use by the City. 8.0 Schedule a) Project shall begin within 7 business days of the Notice to Proceed and be completed in satisfactory manner, as deemed by City, within 14 business days from the date of issuance of the Notice to Proceed. 9.0 Locations & Quantities All trip hazard locations are currently identified in green marking paint. a1 Deerfield Pkwy. has 53 total marked locations with 36 of the hazards being on 5 foot sidewalk and 17 hazards on 10 foot sections. b) Morris Rd. has 34 marked locations on a 5 foot sidewalk. cl Webb Rd. has 7 marked sections on a 5 foot sidewalk_ Page 5 of 6 EXHIBIT " " CONTRACTOR AFFIDAVIT AND AGREEMENT S'T'ATE OF GEORGIA CITY OF MILTON By executing, this affidavit, the undcrsigned contractor verities its compliance with O-C.G.A. § 13-10-91. stating affirmativeh• that the individual. firm. or corporation �Oiicli is engaged in the physical performcutce of services on behalf of the City of Milton his reeisiered with. is authorized to use and uses the federal work- authorizatien program commonly known as 1:-Wcrify, or any subsequent replacement program. in accordance with the applicable provision; and deadlines established in D.0 -&A. § 13-10-9 1 - Fur herntore. the undersigned contractor will continue to use the k'ederal work authorization program throughout the contract period anti the undersigned contrnctor will contract for the physicai performance of services in satisfaction of such contract only with subcontractors who present an affidavit to the contractor with the information required lav O.C.C.A. S 13-10-91(b). Contractor hareby attests that its federal wort; authorization user identification number and date ol'authorivation are its to11q«'S: G4 A,^Cp+/i lit 46-1069513 Executed on, 2011 in Federal Wort. Authorization tiset- Idciititicaiion stntey. Number v L 1-3 Signature of Authorized 66icer or A-ew Date of A40ri7ativn f MARK CLEMENT MRC GROUP LLC Printed Name and Title of :luthorized Officer or Name of Contractor – -- Agcnt COOKEVILLE HA _.............._._ -- .--____.-- SUBSCRIBED AND SN4.ORN BEFORE ME ON Name of Project -i'1ilS Tl -1H ` DAY OF 0ty of Milton —.201S. - Name of Public Employer Wi ti —a— I hereby declare under penalty of pe jury that the NCOARY PUBLIC liorc��oinu is trLfe and correct-NotaryPublic, Banks County, Ge "im My Contmicsion FxpiresMv Commi_ssipn.Expires October 14,'2016 [NOTARY SLAL] Page 6 of 6 Client#: 20968 OUTDSOI ACORD,CERTIFICATE CF LIABILITY INSURANCE DATE OF INSURANCE 7(39121DDrrvYr} r3v1�Q13 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT- If the certificate holder Is an ADDITIONAL INSURED, the policy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the Certificate holder In lieu of such endorsement(s). PRODUCER N9NlACT Leslie )li cClur9 Aid Turner Wood & Smith Insurance 770 536-0167 770-536-12B3o Exl : AE Nv 100 Brenau Avenue 1_. P.O. Box 1058 ADDRESS' PERSONAL &AUV INJURY S1,000,000 Gainesville, GA 30503 INSURERIS)AFFORDING COVERAGE NAIC ti INSURERA. Auto Owners Insurance Company 18988 PRODUCTS -COMPIOP AGC+ $1,000,000 INSURED MRC Group, LLC INSURERS: AUTOMOBILE LIABILITY x ANY AUTO ALL OWN ED AUTOS AUTOS X HIRED AUTOS X NON.OVYNED AUTOS 1711 Cave Point INSURER C INSURER D,. Gainesville, GA 30501 INSURER E : CEa acci=N1dent SINGLE LIMIT 300,QQQ INSURER F: BODILY BODILY INJURY (Per accident) i GUVERAGES CERTIFICATE NUMBER: i7FVISN716 NIIMAF:P- THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE, FOR THE POLICY PERIOD INDICATFM. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HFREiN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN RE=DUCED BY PAID CLAIMS. LTR TYPE OF INSURANCE I SR SUB POLICY NUMBER M LDICY EFF E LAW LIMITS A GENERALLIASIUTY X COMMERC601 GENERAL LIABILITY CLAIMS -MADE DIOCCUR 48361424 11212112012 1212112013 EEpACC�Hpp��3OEEC7CURRRENCE $1,000.000 PREA6M Ee o�m�i 0 s5o 000 MEQ EXP one Person) S5000 PERSONAL &AUV INJURY S1,000,000 GENERALAGGREGATE s2 000 000 GENt AGGREGATE LIMIT APPLIES PER: PRO POLICY LOC PRODUCTS -COMPIOP AGC+ $1,000,000 $ A AUTOMOBILE LIABILITY x ANY AUTO ALL OWN ED AUTOS AUTOS X HIRED AUTOS X NON.OVYNED AUTOS 4936142400 12J2112012 12121!2013 CEa acci=N1dent SINGLE LIMIT 300,QQQ BODILY INJURY (Per person) $ BODILY BODILY INJURY (Per accident) i DAMAGE PerOPERTY 111 S S _FIDED UMBRELLA LIAtiRoLcAcUR r7[CES9 LM' IMS-MA4E EACH OCCURRENCE S AGGREGATE i RETENTION $ $ A WORKERS COALPENSATION ARD EMPLOYERS' LIABILITIF ANY PROPRIETORlPARTNER1ExECUTNE Y 1 H OFFICEMMEMBER E7(CLDDED7 ❑ (Mandatory In NHE U6$. de=60 urder DESCRIPTION OF OPERATIONS k" N I A 48140039 212112012 12!21!201 j( S7ATU• OTH- E L. EACH ACCIDENT $100,000 E.L. nISFASE - EA EMPLOYEE $100,000 E.L. DISEASE - POLICY LIMIT S50'%000 DESCRIPTION OF OPERATIONS I LOCATIONS 1 VEHICLES [Attach ACORD 101. Addlikalal Rernarka Schudure, it more space Is required] Certificate holder is an additional on general liability ATIMA when required by a written contract. City of Wilton, GA Attn Matthew Failstrom 13000 Deerfield Parkway, Suite 107G Milton, GA 30004 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ©1988.2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010105) 1 of 1 The ACORD name and logo are registered marks of ACORD #5139150/M124252 DKS Aomcv 18-OB33-00 POLICY 122318-48361424 TURNER WOOD & SMITH AGENCY INC PO BOX 1058 GAINESVILLE, GA 30503 00-12-2013 Your agency's phone number is (770) 535-016 ARRC GROUP LLC DBA OUTDOOR SOLUTIONS CfO MARK CLEMENT 1711 COVE PT GAINESVILLE, GA 30501-1468 ,a (EL _Avne"ife Home Car Business Ae}L6Ro4n.lt 1 13563 f8-03€ P.O. Box 30680, LANSING, MtONI GAN 48905.8160 • 617.323-1200 AUTO -OWNERS INSURANCE COMPANY AUTO -OWNERS LIFE INSURANCE COMPANY HOME -OWNERS INSURANCE COMPANY OWNERS INSURANCE COMPANY PROPERTY -OWNERS INSURANCE COMPANY SOUTHERN -OWNERS INSURANCE COMPANY You may view your policy online at www.auto-owners.com. To enroll, use the policy number 48361424 and Personal 1D code 7X9 P4V 02V . Once enrolled, you may choose to stop receiving the paper policy in the mail. Thank you for allowing Auto -Owners to handle your insurance needs. Auto -Owners Insurance Group is financially sound with sufficient reserves to be ranked among the leaders in the in- dustry for financial security, Our A+ + (Superior) rating by the A.M. Best Company signifies that we have the finan- cial strength to provide the insurance protection you need. If your policy is an audited policy, the billing of the audit premium will be included in your regular premium billing account, This premium is due in full upon billing and failure to pay as billed may result in the cancellation of all policies on the billing account. If you have questions on your audit or about your Insurance needs, please contact your agent at the telephone number shown at the top of this letter. Auto -Owners Insurance - The "No Problem" People @ `******THISISNOTA BILL."***** IF ADDITIONAL PREMIUM IS OWED, A BILL WILL BE MAILED SEPARATELY. PLEASE PAY ANY UNPAID BILLS. — Serving Our Policyholders and Agents for More Than 90 Years — owners Page 1 55055 (7-87) Issued 08-12-2013 INSURANCE COMPANY TAILORED PROTECTION POLICY DECLARATIONS 6101 ANACAPRI BLVD., LANSING, MI 48917-3999 acakcv TURNER WOOD &SMITH AGENCY INC Change Endorsement Effective 07-30-2013 18-0833-00 MKT TERR 070 (770) 536-0161 POLICY NUMBER 122318-48361424-12 INSURED MRC GROUP LLC DBA OUTDOOR SOLUTIONS C/O MARK CLEMENT Company POLICY TERM ADDRESS 1711 COVE PT Bill 12:01 a.m. 12:01 a.m. GAINESVILLE. GA 30501-1468 12-21-2012 to 12-21-2013 DESCRIPTION OF CHANGE ADDED ADDITIONAL INSURED FORM 55202 ADD'L INS-EXCL PROD/COPS: CITY OF MILTON GA 13000 DEERFIELD PARKWAY SUITE 107G MILTON GA 30004 TRANSACTION NUMBER: 003 ENDORSEMENT PREMIUM: $20.00 ADDITIONAL (THIS IS NOT A BILL) Agency Cade 18-11833-00 policy Number 12231.8-48361L4Z4 COMMERCIAL GENERAL LIABIL1 Y 55902 (12-04) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED EXCLUSION - PRODUCTS -COMPLETED OPERATIONS This endorsement modifies Insurance provided under the following: OOMMERCIAL GENERAL LIABILITY COVERAGE PART. SCHEDULE Name of Person ar a(ganixatlon r<Additlonal insured): Gity of Milton GA 13000 Deerfield Parkway Suite 107G Milton GA 30004 (If no entry appears above, Information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) A. Under SECTION I - COVERAGES, COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABIL- ITY, 2. Excluslona, the following exclusion is added. 2, Exclusions This insurance does not apply to: The Additional Insured for the "products -cam- D. plated operations hazard", S. Under SECTION Il - WHO IS AN INSURED, the fol- lowing is added: The person or crganizatlon shown in the above Schedule Is an Additional Insured, but only with re- spect to liability arising out of 'your work" for that insured by or for you, C, tinder SECTION III - LIMITS OF INSURANCE, the following is added: The limits of liability for the Additional Insured are those specified in the written contract or agreement between the insured and the owner, lessee or con- tractor, not to exceed the limits provided In this policy. These limits are Inclusive of and not in ad- dition to the limits of Insurance shown in the Decla- rations. Under SECTION! IV - COMMERCIAL GENERAL LI- ABILITY CONDITIONS, 4. Other Insurance, the fol- lowing is added: This insurance is primary for the person or organ- ization shown In the Schedule, but only with respect to liability arising out of "your work" for that person or organization by or for you. Other Insurance available to the person or organization shown In the Schedule will apply as excess insurance and not contribute as primary insurance to the insurance provided by this endorsement. Includes copyrighted material of Insurance 5arvlces Office„ Inc., with its permission. Copyright, Insurance Services Office, Inc., 1984, 2003, Page 1 of 1 EXHIBIT "C" CONTRACTOR AFFIDAVIT ANIS 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 engaged in the physical performance of services on behalf of the City of Milton has registered with, is authorized to use and uses the federal work authorization program commonly known as E -Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in 0-C.G.A. § 13-10-91, Furthermore, the undersigned contractor will continue to use the federal work authorization program throughout the contract period and the undersigned contractor will contract for the physical performance of services in satisfaction of such contract only with subcontractors who present an affidavitto the contractor with the information required by O.C.G.A. § 13-10-91(b). Contractor hereby attests that its federal work authorization user identification number and date of authorization are as follows. 647043 Federal Work Authorization User Identification Number Date of Authorization MRC Group LLC. Name of Contractor Trip Hazard Removal Name of Project City of Milton Name of Public Employer I hereby declare under penalty of perjury that t foregoing is true and correct. R i nej V l � Ex,prt ed onwW 31, 2013 in (City), stat Signature of Authorized Officer or Agent Mait t f C r.0',"jiedPrinted Name and Title of Autho(Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE '31 DAY OF 3.1( ,2013. TA Y PUBLIC [NOT � IZE SLATE CIRSENHOUSE A�cjQTARY PUBLIC Hail County State of Georgia MX Commissio iJWpftmrn.. Expires March 25, 2017 LE HIOME OF `THEBE51 QUALITY OF LIFE IN GEORGIA'LTON* M1 TO: City Council FSTAlil.ISI I E1) 2000 CITY COUNCIL AGENDA ITEM DATE: August 9, 2013 FROM: City Manager AGENDA ITEM: Consideration of an Ordinance to Amend Chapter 52, Article II, Taxicabs of the City of Milton Code. MEETING DATE: Monday, August 19, 2013 Regular City Council Meeting. SACKGROUND 1NFORMA TION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER:X(APPROVED CITY ATTORNEY APPROVAL REQUIRED: 19 YES CITY ATTORNEY RE VIEW REQUIRED: )(YES APPROVAL BYCITYATTORNEY Y APPROVED PLACED ON AGENDA FOR: b $ Iq 13 F. -Ta- ,"MaW� () NOT APPROVED () NO () NO KI PHONE: 678.242.25001 FAX: 678.242.2499 �7°�L� ; cirvor ; rougo cin rid Community infoftityofmilfongo.us I www.cityofmiltonga.us .� :, r•:.,,,-�:.,,, ,...,.; k Lim. • — cf rirr:r a E45U ru z.r: — �}�iL 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 To: Honorable Mayor and City Council Members From: Captain Shawn McCarty Date: Submitted on July 31, 2013 for the August 19, 2013 Regular Council Meeting under First Presentation and on September 4, 2013 under Unfinished Business Agenda Item: Consideration of an Ordinance to Amend Chapter 62, Article II, Taxicabs of the City of Milton Code Department Recommendation: Approve Ordinance amending Chapter 62, Article II updating the language of the ordinance and updating changes in regards to taxicab permitting and necessary equipment. Executive Summary: The current ordinance needs to be amended to reflect current industry standards in regards to equipment and permitting. Funding and Fiscal Impact: None. Alternatives: Maintain Ordinance as it currently exists. Legal Review: Jarrard & Davis, Paul Higbee (7-30-2013) Concurrent Review: Chris Lagerbloom, City Manager Attachment(s): Proposed Ordinance. STATE OF GEORGIA COUNTY OF FULTON ORDINANCE NO. AN ORDINANCE TO AMEND CHAPTER 62, ARTICLE II, TAXICABS OF THE CITY OF MILTON CODE BE IT ORDAINED by the City Council of the City of Milton, GA while in a regularly called council meeting on __________ ___, 2013 at 6:00 p.m. as follows: SECTION 1. That the Ordinance relates to Amending Chapter 62, Article II, (Taxicabs) to amend the requirements for obtaining and maintaining a taxicab, is hereby adopted and approved; and is attached hereto as if fully set forth herein, and; SECTION 2. All ordinances, parts of ordinances, or regulations in conflict herewith are repealed. SECTION 3. That this Ordinance shall become effective upon its adoption. ORDAINED this the _____ day of __________, 2013. ____________________________________ Mayor Joe Lockwood Attest: ___________________________ Sudie AM Gordon, City Clerk (Seal) - THE CODE OF THE CITY OF MILTON, GEORGIA Chapter 62 - VEHICLES FOR HIRE ARTICLE II. - TAXICABS Milton, Georgia, Code of Ordinances Page 1 ARTICLE II. TAXICABS [2] Sec. 62-19. - Defined terms. Sec. 62-20. - Operators—Certificate of public necessity and convenience, occupation tax; regulations. Sec. 62-21. - Taxicabs—Permits; regulations. Sec. 62-22. - Drivers—Permits; regulations. Sec. 62-23. - Fares. Sec. 62-24. - Certificate/permit fees, duration. Sec. 62-25. - Operators responsible for violations by drivers. Sec. 62-26. - Denials; suspension or revocation; hearing. Sec. 62-27. - Violations; penalty. Sec. 62-19. Defined terms. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Driver means any person holding a current, valid driver permit issued by the city and who drives a taxicab operated by an operator. A driver may also be an operator. Driver permit means a driver permit issued by the city to a driver pursuant to this article. Operator means any person or entity operating a business with an office located within the corporate limits of the City of Milton and providing to the public the services of one or more taxicabs. A natural person who is an operator may also be a driver. Taxicab means any motor vehicle used in the business of transporting passengers for compensation and not having a fixed route or routes. The term "taxicab" does not include limousine carriers as contemplated by O.C.G.A. § 46 -7-85.11. Taxicab permit means a taxicab permit issued by the city to an operator pursuant to this article. Taximeter means a device that automatically calculates, at a predetermined rate, and indicates the charge for hire of a taxicab. The requirements of this article, including but not limited to driver permit and ta xicab permit requirements shall not apply to taxicabs whose presence in the city is limited solely either to: 1) passing through the city without picking up a passenger; or 2) dropping off a passenger whos e trip originated outside of the city. (Ord. No. 10-10-79, § 1, 10-18-2010) - THE CODE OF THE CITY OF MILTON, GEORGIA Chapter 62 - VEHICLES FOR HIRE ARTICLE II. - TAXICABS Milton, Georgia, Code of Ordinances Page 2 Sec. 62-20. Operators—Certificate of public necessity and convenience, occupation tax; regulations. (a) As contemplated by O.C.G.A. § 36-60-25, all operators shall apply for and obtain from the city: 1) a certificate of public necessity and convenience; and 2) an occupation tax certificate procured from the city community development department. Operators shall be subject to the city occupation tax provisions contained in chapter 12, article II of the Milton Code. (b) Applications for certificates of public necessity shall be submitted to the city police department. Applications shall be on the form provided by the city and additionally shall include, at a minimum: (1) A detailed description of the equipment and taxicabs to be used in the operator's business and the names of all drivers and employees thereof; and (2) The address and telephone number of the operator's office. (c) The following minimum criteria must be met by the applicant prior to the issuance of a certificate of public necessity and convenience or annual renewal thereof: (1) Establishment and maintenance of an office in a commercially-zoned area of the city. (2) Submission of a copy of the operator's cu rrent lease or proof of ownership regarding the operator's office. (3) Establishment and maintenance of a publicly-listed telephone number for the operator's office. (4) Maintenance on file with the city of the name, home address and home phone number of e ach current driver of all operator taxicabs. (5) Maintenance of lawful off-street parking capable of accommodating all operator taxicabs. (6) Maintenance of a file, for each taxicab, evidencing compliance with the requirements of section 62-21 below. (7) Possession of, and providing the city police department a copy of, a current policy of indemnity insurance with an insurance company active with the office of the Georgia Insurance and Fire Safety Commissioner, which policy shall comply with subsection 62-21(b)(1) below and shall have, at a minimum, the following limits for each operator taxicab: a. For bodily injury or death to each person: $50,000.00; b. For bodily injury or death to all persons sustained in any one accident: $50,000.00; and c. For injury to or destruction of personal property in any one accident: $25,000.00. Such policy shall be conditioned to protect the public against injury or damage proximately caused by the negligence or willful act of the operator and any and all driver(s) operating an operator taxicab(s). (Ord. No. 10-10-79, § 1, 10-18-2010) Sec. 62-21. Taxicabs—Permits; regulations. (a) No taxicab shall be operated in the city unless such taxic ab has a current, valid, city-issued taxicab permit decal affixed in a conspicuous location on the rear of the taxicab. (b) Applications for taxicab permits shall be made to the city police department and shall include, at a minimum, the following: Field Code Changed Field Code Changed Field Code Changed - THE CODE OF THE CITY OF MILTON, GEORGIA Chapter 62 - VEHICLES FOR HIRE ARTICLE II. - TAXICABS Milton, Georgia, Code of Ordinances Page 3 (1) A copy of a valid six-month auto insurance policy meeting state minimum requirements and the requirements of subsection 62-20(c)(7) above for each taxicab. (2) A copy of a certificate of inspect ion for each taxicab completed on the form provided by the city police department and issued by a National Institute for Automotive Service Excellence certified mechanic, which certificate shall be located inside the taxicab at all times. The certificate m ust be renewed every six months for each taxicab. (c) No taxicab permit shall be issued for any taxicab with a model year more than six eight years old. (d) No taxicab permit shall be issued for any taxicab having less than three doors, excluding the driver's door, for loading and unloading of passengers. (e) No taxicab permit shall be issued unless the taxicab shall be equipped with a taximeter meeting the requirements of this subsection. Taximeters shall only calculate fares on the basis of mileage, not time. Taximeters shall be fastened in front of the passenger's seat and be visible to the passenger at all times. After sundown, the face of the taximeter sh all be illuminated. The taximeter shall be operated mechanically by a mechanism of standard design and construction , driven either from the transmission or from one of the front wheels by a flexible and permanently attached driving mechanism. The taximeter shall be sealed at all points and connections which, if manipulated, would affect its correct reading and recording. (f) No taxicab permit shall be issued for any taxicab that does not have a dry compartment for the secure storage of passengers' luggage, which compartment shall be separate and apart from the passenger area. For the purposes of this subsection, the term "passenger area" shall be defined as the area designed to seat the operator and passengers while the taxicab is in operation and any area that is readily accessible to the operator or a passenger while in his or her seating position; provided, however, that such term, in a taxicab not equipped with a trunk, does not include any area behind the rearmost upright seat or not normally occupied b y the operator or passengers. (g) No taxicab permit shall be issued for any taxicab that does not bear on the outside thereof (use of magnetically-affixed equipment/information is expressly prohibited): (1) The taxicab permit decal required by this secti on. Said permit decal will be displayed at all times in the upper left corner of the rear window. Each taxicab will be assigned a numbered sticker and that sticker shall not be used on any other taxicab. (2) Fare information in compliance with section 62-23 below. (3) The name and business telephone number of the operator, which must be conspicuously displayed and permanently affixed to the taxicab. (4) A toplight on the roof which must be at least six four inches in height permanently affixed to the roof and bearing the term "taxi" or the operator name. (h) Operators and drivers shall ensure that taxicabs are maintained in a clean condition, free from foreign matter, trash, dirt and/or offensive odors. (i) The city police department may conduct random inspections of operator taxicabs to ensure the safety and welfare of the public and/or their compliance with this article. (Ord. No. 10-10-79, § 1, 10-18-2010) Sec. 62-22. Drivers—Permits; regulations. (a) No person shall operate an operator taxicab in the city without a city -issued driver permit on his or her person at all times while operating such taxicab. No driver permit shall be issued to any person unless such person shall: Field Code Changed Field Code Changed - THE CODE OF THE CITY OF MILTON, GEORGIA Chapter 62 - VEHICLES FOR HIRE ARTICLE II. - TAXICABS Milton, Georgia, Code of Ordinances Page 4 (1) Be in possession of a current, valid "Class C" Georgia driver's license; (2) Be competent to operate a motor vehicle; (3) Be familiar with the traffic laws and ordinances of the State of Georgia and the City of Milton; and (4) Provide authorization and any information necessary to enable the city police department to investigate the person's background, criminal history, and traffic record. (b) Drivers and operators shall at all times be responsible for ensuring that the following information is conspicuously located within the cabin of the taxicab: (1) A map or street guide of, at a minimum, the north metro Atlanta area, including the entire City of Milton, which map or street guide may be in electronic form. (2) The name and photograph of the driver. (3) A schedule of fares. (c) No person shall operate a taxicab in the city or be issued a driver permit if such person has been convicted of or has pled guilty or nolo contendere to three or more moving traffic violations in the preceding 12-month period. (d) No person shall operate a taxicab in the city or be issued a driver permit if such person has, within the past ten years, been convicted of or has pled guilty or nolo contendere to any of the following: (1) Any sexual offense as set out in O.C.G.A. title 16, chapter 6. (2) Driving under the influence of alcohol or drugs. (3) Any violation for driving with an open container of alcohol. (4) Any offense involving the Georgia Lottery. (5) Illegal possession or sale of drugs or alcohol. (6) Possession or receipt of stolen property. (7) Any act involving violence. (8) The violation of any law involving moral turpitude. (9) The violation of any statute or ordinance regarding alcoholic beverages. (10) Any offense of causing death by vehicle. (e) No driver shall refuse to accept a customer solely on the basis of race, color, national origin, religious belief, or gender. Drivers shall not refuse to accept a customer unless the customer is intoxicated, when such condition is made manifest by boistero usness, by indecent condition or act, or by vulgar, profane, loud, or unbecoming language, or is armed or otherwise obviously a danger to the personal safety of the driver or other customers. (f) No driver shall transport passengers numbering greater than the maximum number of persons specified for a taxicab by the taxicab's manufacturer. (Ord. No. 10-10-79, § 1, 10-18-2010) Sec. 62-23. Fares. Operators shall ensure that all taxicabs have posted conspicuously on the outside of each taxicab a schedule of fares. Taximeters must be operational, turned on and in use for each fare. Fares shall only be - THE CODE OF THE CITY OF MILTON, GEORGIA Chapter 62 - VEHICLES FOR HIRE ARTICLE II. - TAXICABS Milton, Georgia, Code of Ordinances Page 5 calculated based upon mileage, not time. Log sheets of each fare are to be kept and made available to the city upon request. Operators shall charge, for all taxi cabs, uniform fares to all customers. No operator shall charge any minimum fare in excess of $6.00. No change of a fare schedule by any operator shall take effect until after the operator provides at least 15 days' prior written notice of such schedule cha nge to the city police department. (Ord. No. 10-10-79, § 1, 10-18-2010) Sec. 62-24. Certificate/permit fees, duration. Annual fees for certificates of public necessity, driver permits, and taxicab permits shall be as set forth in appendix "A," fees and other charges, to the Milton Code. Annual renewal fees and applications are due to the city police department no later than March 31 of each year. All certificates of public necessity, driver permits, and taxicab permits shall be issued for no more than a o ne-year term and shall expire on April 5 of each year. Fees shall not be prorated. All operators and drivers shall comply with the citizenship/alien status requirements of O.C.G.A. § 50 -36-1. (Ord. No. 10-10-79, § 1, 10-18-2010) Sec. 62-25. Operators responsible for violations by drivers. To the extent permitted by law, operators shall be responsible for, and subject to citations for, violations of this article by drivers of their taxicabs, regardless of whether such drivers are direct employees or independent contractors of the operator. (Ord. No. 10-10-79, § 1, 10-18-2010) Sec. 62-26. Denials; suspension or revocation; hearing. (a) Application denials. Applications for a certificate of public necessity and convenience, driver permit, or taxicab permit (including annual renewals of same) shall be denied by the city police department for failure to comply with any requirement of this article. In the event that an application for a certificate of public necessity and convenience, driver permit, or taxicab permit is denied, the city police department shall provide the applicant with written notice of the denial. The notice of denial shall include the grounds for and date of the denial and shall be mailed to the applicant, at the address listed by the applicant on the application, on the date of denial by United States regular mail. The applicant, within 15 days of the date of the notice of denial, may make a written request to the city manager for a hearing before the mayor and city council for a review of su ch denial, and the city manager shall schedule the hearing for the next available regular meeting, after the notice period required by subsection (d) below, of the mayor and city council. (b) Suspension/revocation for violations of city regulations. Each certificate of public necessity and convenience, driver permit, or taxicab permit granted hereunder shall be subject to suspension or revocation for violation of any provision of this article. Suspensions may be with or without conditions and shall not exceed six months in duration. (c) City manager review of suspension/revocation. Whenever the city police department determines there is cause to suspend or revoke a certificate of public necessity and convenience, driver permit, or taxicab permit issued hereunder, the city police department shall notify the city manager of such cause. If the city manager, after review of the matter, determines that cause indeed exists for the matter to be brought before the mayor and city council, the city manager shall give the operator/driver notice of a hearing before the mayor and city council as provided in subsection (d) below. - THE CODE OF THE CITY OF MILTON, GEORGIA Chapter 62 - VEHICLES FOR HIRE ARTICLE II. - TAXICABS Milton, Georgia, Code of Ordinances Page 6 (d) Notice of hearing; contents. The city manager shall provide to the applicant, in the case of a denial, or holder of the suspended or revoked certificate of public necessity and convenience, driver permit, or taxicab permit at least ten days' prior written notice, by United States reg ular mail, of the hearing for the mayor and city council to consider the denial or whether to suspend or revoke the certificate of public necessity and convenience, driver permit, or taxicab permit. The ten -day written notice shall include, at a minimum, the following information: (1) The time, date, place, and purpose of such hearing; and (2) In the case of a suspension/revocation, a statement of the charges upon which such hearing will be held. (e) Hearing. After the city manager makes a recommendation t o the mayor and city council regarding a denial, or to suspend or revoke a license issued hereunder, the mayor and city council will conduct a hearing to receive and consider evidence relevant to the matter at hand. The mayor and the council members will have the right to ask questions at any time during the hearing. (1) At the hearing, the city manager or his or her designee proceeds first and presents all evidence and arguments in support of the recommendation to deny the application, or to suspend or revoke the certificate of public necessity and convenience, driver permit, or taxicab permit issued hereunder. (2) After the city manager makes his or her presentation, the applicant for or holder of the certificate of public necessity and convenience, driv er permit, or taxicab permit or their legal counsel may present evidence and arguments as to why the application should be granted or the certificate of public necessity and convenience, driver permit, or taxicab permit issued hereunder should not be suspended or revoked. (f) Grounds. After the hearing, the mayor and city council may uphold a denial, or suspend or revoke the certificate of public necessity and convenience, driver permit, or taxicab permit issued hereunder, if any of the grounds set forth in this subsection below exists: (1) The original certificate of public necessity and convenience, driver permit, or taxicab permit application, or any renewal application, contained materially false information, or the applicant deliberately sought to falsify information contained therein; (2) Regarding a denial, the application or applicant failed to meet any of the requirements of this article; (3) Failure to pay any fees, taxes or other charges imposed by the provisions of this article, the Milton Code, or state or federal law; (4) Failure to maintain all of the general qualifications applicable to the initial issuance of a certificate of public necessity and convenience, driver permit, or taxicab permit under this article; (5) Conviction of, or a guilty or nolo contendere plea to, three or more moving traffic violations in any 12-month period; (6) Refusing to accept a customer solely on the basis of race, color, national origin, religious belief, or gender in violation of subsection 62-22(e) above; (7) Allowing any required insurance coverage under this article to lapse; (8) Operating or allowing a driver to operate a taxicab in the city in violation of any provision of this article; (9) The operator, taxicab or driver is a threat or nuisance to the public health, safety or welfare; Field Code Changed - THE CODE OF THE CITY OF MILTON, GEORGIA Chapter 62 - VEHICLES FOR HIRE ARTICLE II. - TAXICABS Milton, Georgia, Code of Ordinances Page 7 (10) Not transporting a customer to his destination by the most direct rou te as is reasonable under the applicable circumstances; or (11) Any violation of any provision of this article. (g) Decision. The mayor and city council shall render a decision by majority vote of a quorum upon the conclusion of the hearing. The decision of the mayor and city council, including the reason(s) for the upholding of an application denial, or suspension or revocation, regarding a certificate of public necessity and convenience, driver permit, or taxicab permit, shall be transmitted in writing b y United States mail to the applicant for or holder of the certificate of public necessity and convenience, driver permit, or taxicab permit. (h) Appeals. The upholding by the mayor and city council of the denial of an application, or the suspension or revocation of a certificate of public necessity and convenience, driver permit, or taxicab permit, shall be final unless the applicant for or holder of the certificate of public necessity and convenience, driver permit, or taxicab permit files a petition for writ of certiorari with the Superior Court of Fulton County within 30 days of the date of the decision of the mayor and city council. (Ord. No. 10-10-79, § 1, 10-18-2010) Sec. 62-27. Violations; penalty. It shall be unlawful for any person to violate or fail to comply with any provision of this article. Violations of this article shall be punishable as provided for in section 1-5 of the Milton Code. (Ord. No. 10-10-79, § 1, 10-18-2010) FOOTNOTE(S): --- (2) --- Editor's note— Section 1 of Ord. No. 10 -10-79, adopted Oct. 18, 2010, amended art. II in its entirety to read as herein set out. Former art. II, §§ 62 -19—62-24 and 62-44—62-53 pertained to similar subject matter, and derived from Ord. No. 06-11-15, adopted Nov. 21, 2006; Ord. No. 07-04-22, adopted April 12, 2007; Ord. No. 07-05-29, adopted May 3, 2007; and Ord. No. 07-11-51, adopted Nov. 7, 2007. (Back) Field Code Changed M HOME OF 'THEBEST QUALITY OF LIFE IN GEORGIA' M1 LTONI!r ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council FROM: City Manager DATE: August 9, 2013 AGENDA ITEM: Consideration of RZ13-13 — Manor Bridge Road (South Side) and Hamby Road (Northeast Side) by Westminister Place, LLC to Rezone from AG -1 (Agricultural) to CUP (Community Unit Plan) to Develop 59 Single Family One (1) Acre Lots. MEETING DATE: Monday, August 19, 2013 Regular City Council Meeting. BACKGROUND INFORMA TION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: APPROVED (j NOTAPPROVED CITY ATTORNEY APPROVAL REQUIRED: () YES x NO CITY ATTORNEY REVIEW REQUIRED: () YES 0,NO APPROVAL BY CITY ATTORNEY ()APPROVED (j NOTAPPROVED PLACED ON AGENDA FOR: g r Q 3 REMARKS - 1 YOM- PHONE- PHONE: 678.242.2500 1 FAX: 678.242.2499cd ... niEnww >�E een * L-l'[Li--wd rovMoo infoacityofmiltonga.us I www.cltyofmiltonga.us Community 4� it' 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 `'`"1' ,LD `'"""z` - �a Westminster Place, LLC July 11, 2013 Robyn MacDonald City of Milton 13000 Deerfield Parkway Suite 107C Milton GA 30004 Re: RZ13-13 Dear Robyn: Please let this letter serve as written confirmation of Westminster Place, LLC to withdraw the above -referenced zoning. During this process, a potential purchaser has come and asked us to withdraw this application while they contemplate their approach to the project and the neighboring community. As a result of this request, we wish to withdraw the case without prejudice and without moving to the planning commission and subsequent council. Granting this request allows the interested purchaser to move forward without the distraction of any of the issues we have been working through over the last several months. We are aware that the application fee will not be refunded and any change to the current zoning of the subject property will require a new filing with the city and starting the process again. Thank you for your willingness to work with us on this. Please advise if you will need additional information. Sincerely, cv--I�r Corbitt Woods on behalf of Westminster Place, LLC de HOME OF 'THE BEST QUALITY OF LIFE IN GEORGIA' MILTON* ESTABLISHED 2006 TO: City Council CITY COUNCIL AGENDA ITEM DATE: August 12, 2013 FROM: City Manager AGENDA ITEM: Consideration of a Resolution Accepting the Resignation of Council Member Lance Large, District 3/Post 2. MEETING DATE: Monday, August 19, 2413 Regular City Council Meeting. BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: APPROVED CI TY ATTORNEY APPROVAL REQUIRED: [ YES CITY A TTORNEY REVIEW REQUIRED: YES APPROVAL BY CITY ATTORNEY PLACED ON AGENDA FOR REMARKS t APPROVED () NOT APPROVED () NO () NO (} NOT APPROVED D�rl9i3 n�� V�u YOUJM- s PHONE: 678.242.25001 FAX: 678.242.2499 rtieiuiiue�iE"ee17 ; CcrciFicd ; roaa info@ci ofmilfon a.us www.ci ofmilfon a.us Community ' 7 ' 1 n.TMo r,u war a, 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 -- CEATiFLEJ up°"xF - �s4� Page 1 of 2 STATE OF GEORGIA COUNTY OF FULTON RESOLUTION NO. A RESOLUTION ACCEPTING THE RESIGNATION OF COUNCIL MEMBER LANCE LARGE, DISTRICT 3/POST 2 WHEREAS, Lance Large has served the City of Milton since January 1, 2012 as a City Council member representing District 3/Post 2; and WHEREAS, during Council member Large’s tenure he faithfully served his constitutents; and WHEREAS, Council member Large has submitted a letter of resignation to the City Council (“Council”) with an effective date for said resignation being October 15, 2013; and WHEREAS, the Council accepts Council member Large’s resignation; and WHEREAS, O.C.G.A. § 45-5-1(a)(2) provides that all offices within the state shall be vacated by resignation, when accepted; and WHEREAS, Council member Large’s resignation, upon acceptance by the Council, is final and cannot be withdrawn even though the effective date of Council member Large’s resignation is for a future date; and WHEREAS, the Council desires to comply with all provisions of local and state law with respect to the resignation of Council member Large. NOW, THEREFORE, THE COUNCIL FOR THE CITY OF MILTON HEREBY ORDAINS THE FOLLOWING: SECTION 1: The above stated recitals are incorporated herein by this reference. SECTION 2: The Council accepts the non-revocable resignation of Council member Large, with an effective date of October 15, 2013, and hereby declares a vacancy, as a matter of law, for the District 3/Post 2 seat on the Council for the City of Milton. This vacancy shall be effective as of the date of this Resolution accepting Council member Large’s resignation as provided for at O.C.G.A. § 45-5-1(a)(2). SECTION 3: If any portion of this Resolution is found and determined to be invalid, the invalid portion shall be stricken herefrom and the remainder shall be in full force and effect. SECTION 4: This Resolution shall be in full force and effect from and after its passage and approval. Page 2 of 2 BE IT SO RESOLVED, this ___ day of ____________________, 2013, by the Council of the City of Milton, Georgia. Approved: __________________________________ Joe Lockwood, Mayor Attest: _________________________________ Sudie AM Gordon, City Clerk (Seal) Lance C. Large Milton Councilman District 3, Post 2 August 12, 2013 Mayor Joe Lockwood City of Milton Milton City Hall 13400 Deerfield Parkway Suite 107 Milton, Georgia 30004 Dear Mayor Lockwood: As verbally discussed at the August 5th Council meeting, it is with regret that I am writing to inform you of my decision to resign my position from the District 3/Post 2 seat on the Milton City Council. My resignation will become effective at midnight on October 15, 2013, and I intend to fulfill my obligations as a Council member until that date. My family will be relocating to Virginia and this will take me away from the community and render me ineligible to fulfill the obligations of my position as Councilmember. This resignation is tendered to the Council with the request that it be formally accepted by the City Council at the Council's upcoming August 19, 2013 regular meeting. I acknowledge that this resignation is final and non -revocable upon it being accepted by the Council. My time of service for the City of Milton has brought me great pride. It has been an honor serving the residents of District 3/Post 2. Sincerely, Lance C. Large cc: Milton City Council Chris Lagerbloom, City Manager 13770 Belleterre Drive, Milton GA 30004 . (v) 404.434.8642 , lclarge1@comcast.net IR HOME OF 'THEGEST QUALITY OF LIFE IN GEORGIA' M1 tTON* ESTABLISHED 2oo6 CITY COUNCIL AGENDA ITEM TO: City Council DATE: August 12, 2013 FROM: City Manager AGENDA ITEM: Consideration of a Resolution Appointing Fulton County Department of Elections to Act as the Municipal Election Superintendent for a City of Milton Special Election to be Held to Fill the Vacated District 3/Post 2 City Council Seat; Authorizing Fulton County Department of Elections, as Municipal Election Superintendent, to Call Said Special Election on Tuesday, November 5, 2013, Authorizing the City Clerk to Act as the Qualifying Officer to Provide Services in Regards to Qualifying Candidates for Election to Said Seat, and to Undertake any other such Duties as are Necessary to Accomplish the Holding of Said Special Election Setting the Date, Time and Fee for the Qualifying of Candidates; and for Other Purposes. MEETING DATE: Monday, August 19, 2013 Regular City Council Meeting. BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL B Y CITY MANAGER: APPROVED () NOT APPROVED C1 TY A TTORNEY APPRO VA L REQ UIRED: KYES NO CITY A TTORNEY REVIEW REQUIRED: {(YES NO APPROVAL 8 Y CITY ATTORNEY XAPPROVED () NOT APPROVED PLACED ON AGENDA FOR.- REMARKS OR.REMARKS PHONE: 678.242.2500 [ FAX: 67$.242.2499 green " ; c neof va ;opYfoo info@cityofmiltonga.us I www.e fyofmiltonga-us C mrnuni#y ah 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 GZR?PfeEv ORONLE - %,g 1 STATE OF GEORGIA COUNTY OF FULTON RESOLUTION NO. A RESOLUTION APPOINTING FULTON COUNTY DEPARTMENT OF ELECTIONS TO ACT AS THE MUNICIPAL ELECTION SUPERINTENDENT FOR A CITY OF MILTON SPECIAL ELECTION TO BE HELD TO FILL THE VACATED DISTRICT 3/POST 2 CITY COUNCIL SEAT; AUTHORIZING FULTON COUNTY DEPARTMENT OF ELECTIONS, AS MUNICIPAL ELECTION SUPERINTENDENT, TO CALL SAID SPECIAL ELECTION ON TUESDAY, NOVEMBER 5, 2013, AUTHORIZING THE CITY CLERK TO ACT AS THE QUALIFYING OFFICER TO PROVIDE SERVICES IN REGARDS TO QUALIFYING CANDIDATES FOR ELECTION TO SAID SEAT, AND TO UNDERTAKE ANY OTHER SUCH DUTIES AS ARE NECESSARY TO ACCOMPLISH THE HOLDING OF SAID SPECIAL ELECTION SETTING THE DATE, TIME AND FEE FOR THE QUALIFYING OF CANDIDIATES; AND FOR OTHER PURPOSES. WHEREAS, due to the recent resignation of Council Member Lance Large, effective ____________________, from his District 3/Post 2 seat on the City Council, it is necessary to hold a Special Election to fill his unexpired term – which ends December 31, 2015; and WHEREAS, because the effective date of resignation for Council member Large is more than six months prior to the end of his existing term, it is necessary that a special election be called to fill the remainder of the unexpired term; WHEREAS, such special election may be held on Tuesday, November 5, 2013 (O.C.G.A. 21-2-540(c)(1)(A)(iv); and WHEREAS, if necessary, a City of Milton run-off election is to be held on Tuesday, December 3, 2013; and WHEREAS, in accordance with O.C.G.A. § 21-2-70.1 and Sections 16-4 and 16-5 of the City of Milton Code of Ordinances, the governing authority of the City of Milton may authorize the Fulton County Department of Elections to conduct elections in the City of Milton and/or perform any and all functions required by the Georgia Election Code and Rules of the State Election Board; and WHEREAS, the governing authority of the City, in accordance with O.C.G.A. § 21-2-70.1(b), shall appoint the municipal election superintendent in a public meeting and the appointment shall be recorded in the minutes of said meeting; and 2 WHEREAS, pursuant to O.C.G.A. § 21-2-131(a)(1), the governing authority of any municipality, at least 35 days prior to a special election, shall fix and publish a qualifying fee for each municipal office to be filled in the upcoming election; and WHEREAS, further pursuant to O.C.G.A. § 21-2-131(a)(1), such fee shall be 3 percent of the total gross salary of the office paid in the preceding calendar year including all supplements authorized by law. NOW, THEREFORE, THE COUNCIL FOR THE CITY OF MILTON HEREBY ORDAINS THE FOLLOWING. SECTION 1: There shall be and is hereby called, as of the date of first publication of notice made by the Municipal Election Superintendent, whose appointment is hereby authorized, a Special Election to fill the position of City Council District 3/Post 2 on the Milton City Council (the “Special Election”), which is to be held in accordance with the Georgia Election Code and Rules of the State Election Board, on November 5, 2013, and if necessary a City of Milton Run- off Election on Tuesday, December 3, 2013. SECTION 2: In accordance with the provisions of this Resolution, the City Clerk acting as the qualifying officer for the Special Election, is authorized to undertake such duties as necessary to accomplish the holding of the Special Election, including the qualifying of candidates, and setting the date, time and fee for the qualifying of candidates. SECTION 3: The total gross salary for the District 3/Post 2 seat on the City Council of the City of Milton paid in the preceding year 2012 is $13,000.00 and thus the qualifying fee, based upon 3 percent, is set at $390.00. SECTION 4: Candidates shall qualify to fill the vacant District 3/Post 2 seat on the City Council by filing a Notice of Candidacy and Affidavit and paying the required fee to the Qualifying Officer, or designated agent, Monday, August 26, 2013 through August 30, 2013 between the hours of 8:30 a.m. and 4:30 p.m. Eastern Daylight Time at City Clerk’s Office, 13000 Deerfield Parkway, Suite 107 A/B, Milton, Georgia 30004. SECTION 5: Absentee Ballots may be requested from the Fulton County Department of Registration and Elections. Early/Advance voting will take place: Tuesday, October 15 through Friday, November 1, 2013 at the following locations only: Fulton County Government Center, 130 Peachtree Street, SW, Suite 2186, Atlanta, GA 30303; South Fulton Service Center 5600 Stonewall Tell Road, Room 108, College Park, GA 30349; City of Roswell City Hall, 38 Hill Street, 2nd Floor, Roswell, GA 30075; North Fulton Service Center, 7741 Roswell Road, NE, Room 232, Sandy Springs, GA 30328. SECTION 6: That all resolutions and parts of resolutions in conflict herewith be and are hereby repealed. 3 BE IT SO RESOLVED AND 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) HOME OF 'THE BEST QUALITY OF LIFE IN GEORGIA' MILTON*k 00000M FS [:AM.ISI-[FD 2006 TO: City Council CITY COUNCIL AGENDA ITEM DATE: August 9, 2013 FROM: City Manager AGENDA ITEM: Consideration of an Ordinance to Amend the City of Milton Charter. MEETING DATE: Monday, August 19, 2013 Regular City Council Meeting. BACKGROUND INFORMA TION: (Attach addifronaf pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: APPROVED CITY ATTORNEY APPROVAL REQUIRED: YES CITY ATTORNEY REVIEW REQUIRED: �j YES APPROVAL BY CITY ATTORNEY PLACED ON AGENDA FOR: REMARKS O -APPROVED (j NOTAPPROVED ()NO ()NO () NOTAPPROVED OSl9/3 op� ............ .. . ................ ® . YOUEM PHONE: 678.242.25001 FAX: 678.242.2499 infoftityofmiltonga.us I www.cifyofmiifonga.us 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 CGk� -v C Cfti11Ca opN,o, Community ' ��Ty °f — CFA 111`1 EO OFIONZE — 10 L� M 1 STATE OF GEORGIA COUNTY OF FULTON ORDINANCE NO. ______ AN ORDINANCE AMENDING THE CHARTER FOR THE CITY OF MILTON, GEORGIA WHEREAS, Article IX, Section II, Paragraph II of the Constitution of the State of Georgia, entitled Home Rule for Municipalities, allows the General Assembly of the State of Georgia to provide by law for the self-government of municipalities, which the General Assembly has done with The Municipal Home Rule Act of 1965, O.C.G.A. § 36-35-1, et seq.; and 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. § 36-35-3 provides that a municipal corporation may, as an incident of its home rule power, amend its charter, except where prohibited pursuant to O.C.G.A. § 36-35-6; and WHEREAS, the Council desires to amend the Charter of the City of Milton so as to update the Act to reflect the current state of the City governance, make certain other updates and corrections as deemed necessary by the Council, repeal conflicting laws, and for other purposes; and WHEREAS, the modifications provided for in this Ordinance are overwhelmingly the product of recommendations approved by a Charter Commission that was assembled in accordance with the dictates of the Charter, and that met and made formal recommendations of proposed Charter revisions in 2012; and WHEREAS, those Charter modifications that could only lawfully be undertaken by the General Assembly have already been adopted by the General Assembly, and the modifications reflected herein are those that can be lawfully completed by home rule; and WHEREAS, O.C.G.A. § 36-35-3 provides that, in order to amend its charter, a municipal corporation must duly adopt ordinances at two regular consecutive meetings of the municipal governing authority, not less than seven (7) nor more than sixty (60) days apart; WHEREAS, pursuant to O.C.G.A. § 36-35-3, a notice, containing a synopsis of the proposed amendment and stating that a copy of the proposed amendment is on file in the office of the clerk or the recording officer of the municipal governing authority and in the Office of the Clerk of the Superior Court of Fulton County for the purpose of examination and inspection by the public, shall be published in the official organ of the county of the legal situs of the municipal corporation or in a newspaper of general circulation in the municipal corporation once a week for three weeks within a period of 60 days immediately preceding its final adoption; and 2 WHEREAS, those requirements applicable to amendments to the charter of a municipal corporation by an ordinance duly adopted by the municipality’s governing authority as set forth in O.C.G.A. § 36-35-3 have been met and satisfied, and, specifically, notice of the consideration of this Ordinance has been advertised and this Ordinance has been duly adopted by the governing authority at two regularly consecutive meetings in compliance with O.C.G.A. § 36-35- 3; and WHEREAS, in this Ordinance, text that is underlined/bolded shall represent additions to the Charter; text that is stricken-through shall represent deletions from the Charter; and WHEREAS, a majority of the Council deems it to be in the best interests of the citizens of the City of Milton that the Act be further amended. NOW THEREFORE, the Council of the City of Milton hereby ordains that the Charter of the City of Milton shall be amended as follows: Section 1. Section 1.12(b)(38) is amended by striking it in its entirety and replacing it with a new Section 1.12(b)(38) to read as follows: Special areas of public regulation. To regulate or prohibit junk dealers, pawnshops, pain management clinics, the manufacture, sale, or transportation of intoxicating liquors, and the use of firearms; to regulate the transportation, storage, and use of combustible, explosive, and inflammable materials, the use of lighting and heating equipment, and any other business or situation which may be dangerous to persons or property; to regulate and control the conduct of peddlers and itinerant traders, theatrical performances, exhibitions, and shows of any kind, by taxing or otherwise; and to license, tax, regulate, or prohibit professional fortunetelling, palmistry, adult bookstores, adult entertainment, and massage parlors; Section 2. Section 2.10(b) is amended by striking it in its entirety and replacing it with a new Section 2.10(b) to read as follows: The mayor and councilmembers shall serve for terms of four years and until their respective successors are elected and qualified, except as otherwise provided in subsection (d) of Section 2.11 of this Charter. No person shall be eligible to serve as mayor or councilmember unless that person shall have been a resident of the Territory for 12 months immediately preceding the election of mayor or councilmembers, shall have attained the age of 21 years prior to the date of qualifying, and, in the case of councilmembers, has been a resident of the district from which he or she seeks election for six months at the time of qualifying for election; each such person shall continue to reside within the city and, in the case of councilmembers, within the district from which he or she was elected during said period of service and shall be registered and qualified to vote in municipal elections of this city. The mayor may reside anywhere within the city. No person's name shall be listed as a candidate on the ballot for election for either mayor or councilmember unless such person shall file a written notice with the clerk of said city that such person desires his or her name to be placed on said ballot as a 3 candidate either for mayor or councilmember. No person shall be eligible for the office of mayor or councilmember unless such person shall file said notice contained in this subsection within the time provided for in Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code." Section 3. Section 2.11(b) is amended by striking it in its entirety and replacing it with a new Section 2.11(b) to read as follows: All primaries and elections including, without limitation, the special election of 2006, to elect the first mayor and council, shall be held and conducted in accordance with Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code." Except as otherwise provided by this Charter, the city council shall, by ordinance, prescribe such rules and regulations it deems appropriate to fulfill any options and duties under the "Georgia Election Code." Section 4. Section 3.10(c) is amended by striking it in its entirety and replacing it with a new Section 3.10(c) to read as follows: Except for the office of city manager and the execute aide to the mayor, the city council, by ordinance resolution, may establish, abolish, merge, or consolidate offices, positions of employment, departments, and agencies of the city as it shall deem necessary for the proper administration of the affairs of the government of the city. The council shall prescribe the functions and duties of departments, offices, and agencies; may provide that the same person shall fill any number of offices or positions of employment; and may transfer or change the functions and duties of offices, positions of employment, departments, and agencies of the city. Section 5. Section 3.11(a) is amended by striking it in its entirety and replacing it with a new Section 3.11(a) to read as follows: The city council shall hold an organizational meeting at not later than the first regular meeting in January following an election. The meeting shall be called to order by the mayor-elect and the oath of office shall be administered to the newly elected mayor and councilmembers by a judicial officer authorized to administer the oaths required by Chapter 3 of Title 45 of the O.C.G.A. and the following oath: "I do solemnly (swear) (affirm) that I will faithfully perform the duties of (mayor) (councilmember) of this city and that I will support and defend the Charter thereof as well as the Constitution and laws of the State of Georgia and of the United States of America." Section 6. Section 3.16 is amended by striking it in its entirety and replacing it with a new Section 3.16 to read as follows: (a) Every proposed ordinance shall be introduced in writing and in the form required for final adoption. Any proposal for a new or amended ordinance shall be in writing and in the format required for final adoption. No 4 ordinance shall contain a subject which is not expressed in its title. The enacting clause shall be "The Council of the City of Milton hereby ordains …" and every ordinance shall so begin. (b) An A new or amended ordinance may be introduced proposed by the mayor or any councilmember and be read at a regular or special meeting of the city council. Ordinances shall be considered and adopted or rejected by the city council in accordance with the rules which it shall establish; provided, however, an ordinance shall not be adopted the same day it is introduced, except for emergency ordinances provided for in section 3.18 of this Charter. Upon introduction After adoption of any ordinance, the clerk shall, as soon as possible, distribute a copy to the mayor and to each councilmember and shall file a reasonable number of copies in the office of the clerk and at such other public places as the city council may designate forward an appropriately formatted version of the adopted ordinance to that entity or agency that the city has retained to facilitate the codification and online viewing and download of all city ordinances. Section 7. Section 3.19(b) is amended by striking it in its entirety and replacing it with a new Section 3.19(b) to read as follows: Copies of any Any adopted code of technical regulations shall be made available by the clerk for distribution or for purchase at a reasonable price. forwarded for online codification, viewing and download in the same manner as provided for ordinances in section 3.16(b) and shall otherwise be made available for review and copying upon request in accord with O.C.G.A. § 50-18-70, et seq. Section 8. Section 3.20(c) is amended by striking it in its entirety and replacing it with a new Section 3.20(c) to read as follows: The city council shall cause each ordinance and each amendment to this Charter to be promptly delivered in an appropriate format to that entity or agency that the city has retained to facilitate the codification and online viewing and download of all city ordinances, charter amendments, and technical regulations. Ordinances, charter amendments, and technical regulations shall otherwise be available in hard copy format for viewing and copying at the office of the city clerk in conformance with O.C.G.A. § 50-18-70, et seq. printed promptly following its adoption, and the printed ordinances and Charter amendments shall be made available for purchase by the public at reasonable prices to be fixed by the city council. Following publication of the first Code under this Charter and at all times thereafter, the ordinances and Charter amendments shall be made available, whether in electronic or hard copy format, printed in substantially the same style as the Code then in effect and shall be suitable in form for incorporation within the Code. The city council shall make such further arrangements as deemed desirable with reproduction and distribution of any changes in or additions to codes of technical regulations and other rules and regulations included in the Code. 5 Section 9. Section 3.22(b) is amended by striking it in its entirety and replacing it with a new Section 3.22(b) to read as follows: The mayor shall: (1) Preside at all meetings of the city council and participate therein as a voting member of the city council Preside at all meetings of the city council and participate therein as a voting member, and in the mayor’s absence the mayor pro tem shall preside as set forth in Section 3.30; (2) Be the head of the city for the purpose of service of process and for ceremonial purposes and be the official spokesperson for the city and the chief advocate of policy; (3) Have power to administer oaths and to take execute affidavits; (4) Sign as a matter of course on behalf of the city all written and approved contracts, ordinances, resolutions, and other instruments executed by the city which by law are required to be in writing. The City Council may delegate contract signing authority to the City Manager to the extent allowed by law; (5) See that all laws and ordinances of the city are faithfully executed; (6) Vote on any motion, resolution, ordinance, or other question before the council other than a veto override; (7) Obtain shortterm loans in the name of the city when authorized by the city council to do so; (8) Appoint Have the authority to appoint city council committees and appoint councilmembers to oversee and report on the functions of the various departments of the city, subject to confirmation by the city council; (9) Require the city manager to meet with him or her at a time and place designated for consultation and advice upon the affairs of the city; (10) Nominate the city manager, city attorney, chief judge of municipal court, city clerk, and city treasurer, subject to ratification by the city council; provided, however, that if the mayor's nomination is rejected by the city council or the mayor fails to offer a nomination, nominations may be offered by members of the city council; (11) Prepare or have prepared an agenda for each meeting of the city council which shall include all business submitted by the mayor, any councilmember, the city manager, and the city attorney; and (12) Fulfill and perform such other duties as are imposed by this Charter and duly adopted ordinances. 6 Section 10. Section 3.25(1) is amended by striking it in its entirety and replacing it with a new Section 3.25(1) to read as follows: Have the authority to hire persons to act as department heads or directors and fill other positions designated by ordinance or resolution and appoint and, when the city manager deems it necessary for the good of the city, suspend or remove all any city employees and administrative officers the city manager hires or appoints, except as otherwise provided by law or personnel ordinances adopted pursuant to this Charter. The city manager may authorize any administrative officer who is subject to the city manager's direction and supervision to exercise these powers with respect to subordinates in that officer's department, office, or agency; Section 11. Section 3.28 is amended by striking it in its entirety and replacing it with a new Section 3.28 to read as follows: Except for the purpose of inquiries and investigations under section 3.12 of this Charter, the city council or and its members shall deal with city officers and employees who are subject to the direction and supervision of the city manager solely through the city manager, and neither the city council nor its members shall give orders to any such officer or employee, either publicly or privately. Section 12. Section 3.29 is amended by striking it in its entirety and replacing it with a new Section 3.29 to read as follows: There shall be a mayor pro tempore elected from among the councilmembers by the city council at the first regular meeting of each calendar year. The mayor pro tempore serving on the effective date of this Act shall serve until the first regular meeting of the city council in 2014, at which time a successor shall be elected to serve for a term of one year. All subsequent successors shall be elected at the first regular meeting of the city council in each calendar year to serve until the first regular meeting of the city council in the immediately following calendar year. The mayor pro tempore shall continue to vote and otherwise participate as a councilmember. A vacancy in the position of mayor pro tempore resulting from the mayor pro tempore ceasing to serve as a councilmember or from any other cause shall be filled for the remainder of the unexpired term in the same manner as the original election at the next regularly scheduled Council meeting. Section 13. Section 4.10(e) is amended by striking it in its entirety and replacing it with a new Section 4.10(e) to read as follows: The city manager may suspend or terminate directors or department heads, so long as the city attorney reviews the facts supporting suspension or termination and concurs such action is appropriate before such action is taken. The director involved may appeal to the city council which, after hearing, may override the suspension. Any removal of a director shall be by the city council. 7 Section 14. Section 4.11(b) is amended by striking it in its entirety and replacing it with a new Section 4.11(b) to read as follows: All Every members of any appointed boards, commissions, and or authorities authority of the city shall be appointed by a majority vote of the city council for such terms of office and in such manner as shall be provided by ordinance. except whether other appointing authority, terms of office, or manner of appointment is prescribed by this Charter or by law. Except as Unless otherwise provided by ordinance or law, this Chapter or by law, each board, commission, or authority shall consist of seven (7) members with one member being appointed nominated by each member of the city council and the mayor. Unless otherwise provided by ordinance or law, there shall be no requirement that a board, commission or authority member reside in the district of the council member that nominates the member, but all members must be residents of Milton. Members appointed by the mayor may reside anywhere within the corporate limits of the city, but a member appointed by a member of the city council shall reside within the district of the councilmember who appointed such member. Section 15. Section 4.11(g) is amended by striking it in its entirety and replacing it with a new Section 4.11(g) to read as follows: Any member of a board, commission, or authority may be removed from office for cause by a vote by majority vote of the city council. Section 16. Section 4.12 is amended by striking it in its entirety and replacing it with a new Section 4.12 to read as follows: The mayor shall nominate and the city council shall confirm by a majority vote a city attorney who shall be a member of the State Bar of Georgia and shall have actively practiced law for at least one year 7 years. The city attorney shall serve at the pleasure of the city council. The city attorney shall be responsible for representing and defending the city in all litigation in which the city is a party, may be the prosecuting officer in the municipal court, shall attend the meetings of the council as directed, shall advise the city council, mayor, and other officers and employees of the city concerning legal aspects of the city's affairs, and shall perform such other duties as may be required by virtue of the position of city attorney. The city council shall provide for the compensation of the city attorney. Section 17. Section 6.24 is amended by striking it in its entirety and replacing it with a new Section 6.24 to read as follows: On or before a date fixed by the city council but not later than 60 30 days prior to the beginning of each fiscal year, the city manager shall submit to the city council a proposed operating budget for the ensuing fiscal year. The budget shall be accompanied by a message from the city manager containing a statement of the general fiscal policies of the city, the important features of the budget, explanations of major changes recommended for the next fiscal year, a general summary of the budget, and such other comments and information as the city manager may deem pertinent. The operating budget, the capital improvements 8 budget, the budget message, and all supporting documents shall be filed in the office of the city clerk and shall be open to public inspection. Section 18. Section 6.28(a) is amended by striking it in its entirety and replacing it with a new Section 6.28(a) to read as follows: On or before the date fixed by the city council, but not later than 60 30 days prior to the beginning of each fiscal year, the city manager shall submit to the city council a proposed capital improvements budget with any recommendations as to the means of financing the improvements proposed for the ensuing year. The city council shall have the power to accept, with or without amendments, or reject the proposed program and proposed means of financing. The city council shall not authorize an expenditure for the construction of any building, structure, work, or improvement, unless the appropriations for such project are included in the capital improvements budget, except to meet a public emergency as provided in section 3.17 [3.18] of this Charter. Section 19. Section 7.13 is amended by striking it in its entirety and replacing it with a new Section 7.13 to read as follows: (a) For the purposes of the referendum election provided for in section 7.14 of this Charter and for the purposes of the special election to be held on the Tuesday after the first Monday in November 2006, the qualified electors of the City of Milton shall be those qualified electors of Fulton County residing within the corporate limits of the City of Milton as described by section 1.11 of this Charter. At subsequent municipal elections, the qualified electors of the City of Milton shall be determined pursuant to the authority of Chapter 2 of Title 21 of the O.C.G.A., known as the "Georgia Election Code." (b) Only for the purpose of holding and conducting the referendum election provided for by section 7.14 of this Charter and only for the purpose of holding and conducting the special election of the City of Milton to be held on the Tuesday after the first Monday in November 2006, the election superintendent of Fulton County is vested with the powers and duties of the election superintendent of the City of Milton and the powers and duties of the governing authority of the City of Milton. Section 20. Section 7.14 is amended by striking it in its entirety and marking Section 7.14 “Reserved” as follows: Reserved. (a) Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Fulton County shall call a special election 9 for the purpose of submitting this Act to the qualified voters of the proposed City of Milton, as provided in section 7.13 of this Charter, for approval or rejection. The superintendent shall set the date of such election for the date of the general primary in 2006. The superintendent shall issue the call for such election at least 30 days prior to the date thereof. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Fulton County. The ballot shall have written or printed thereon the words: "( ) YES Do you approve the creation of the City of Milton and the property tax rate cap and the granting of the homestead exemptions described in the Act creating the City of Milton?" ( ) NO (b) All persons desiring to vote for approval of the Act shall vote "Yes," and those persons desiring to vote for rejection of the Act shall vote "No." If more than one-half of the votes cast on such question are for approval of the Act, it shall become of full force and effect; otherwise, it shall thereafter be void and of no force and effect. (c) The expense of the special election set forth in this section shall be borne by Fulton County. It shall be the duty of the superintendent to hold and conduct such election. It shall be his or her further duty to certify the result thereof to the Secretary of State. Section 21. Section 7.15 is amended by striking it in its entirety and replacing it with a new Section 7.15 to read as follows: (a) Sections 1.10 and 1.11 of this Act and those provisions of the Act necessary for the special election provided for in section 7.14 of this Charter shall become effective immediately upon this Act's approval by the Governor or upon its becoming law without such approval. (b) Those provisions of this Act necessary for the special election to be held on the Tuesday after the first Monday in November 2006, as provided by article II of this Charter, shall be effective upon the certification of the results of the referendum election provided for by section 7.14 of this Charter, if this Act is approved at such referendum election. (c) The remaining provisions of this Act shall become of full force and effect for all purposes on December 1, 2006., except that the initial mayor and councilmembers shall take office immediately following their election and by action of a quorum may prior to December 1, 2006, meet and take actions binding on the city. Section 22. Section 7.16 is amended by striking it in its entirety and marking Section 7.16 “Reserved” as follows: 10 Reserved. (a) A period of time will be needed for an orderly transition of various government functions from Fulton County to the City of Milton. Accordingly there shall be a transition period beginning on December 1, 2006, and ending at [12:00] midnight on November 30, 2008. During such transition period, all provisions of this Charter shall be effective as law, but not all provisions of this charter shall be implemented. (b) During such transition period, Fulton County shall continue to provide within the territorial limits of Milton all government services and functions which Fulton County provided in that area during 2005 and at the same actual cost, except to the extent otherwise provided in this section; provided, however, that upon at least 30 day's prior written notice to Fulton County by the City of Milton, responsibility for any such service or function shall be transferred to the City of Milton. Beginning December 1, 2006, the City of Milton shall collect taxes, fees, assessments, fines and forfeitures, and other moneys within the territorial limits of Milton in the same manner as authorized immediately prior to the effective date of this section; provided, however, that upon at least 30 day's prior written notice to Fulton County b y the City of Milton, the authority to collect any tax, fee, assessment, fine or forfeiture, or other moneys shall remain with Fulton County after December 1, 2006, until such time as Fulton County receives subsequent notice from the City of Milton that such authority shall be transferred to the City of Milton. (c) During the transition period, the governing authority of the City of Milton: (1) Shall hold regular meetings and may hold special meetings as provided in this Charter; (2) May enact ordinances and resolutions as provided in this Charter; (3) May amend this Charter by home rule action as provided by general law; (4) May accept gifts and grants; (5) May borrow money and incur indebtedness to the extent authorized by this Charter and general law; (6) May levy and collect an ad valorem tax for calendar years 2007 and 2008; (7) May establish a fiscal year and budget; (8) May create, alter, or abolish departments, boards, offices, commissions, and agencies of the city; appoint and remove officers and employees; and exercise all necessary or appropriate personnel and management functions; and (9) May generally exercise any power granted by this Charter or general law, except to the extent that a power is specifically and integrally related to the provision of a governmental service, 11 function, or responsibility not yet provided or carried out by the city. (d) Except as otherwise provided in this section, during the transition period the Municipal Court of the City of Milton shall not exercise its jurisdiction. During the transition period, all ordinances of Fulton County shall remain applicable within the territorial limits of Milton and the appropriate court or courts of Fulton County shall retain jurisdiction to enforce such ordinances. However, by appropriate agreement (and concurrent resolutions and ordinances if needed), Fulton County and [the City of] Milton may during the transition period transfer all or part of such regulatory authority and the appropriate court jurisdiction to the City of Milton. Any transfer of jurisdiction to the City of Milton during or at the end of the transition period shall not in and of itself abate any judicial proceeding pending in Fulton County or the pending prosecution of any violation of any ordinance of Fulton County. (e) During the transition period, the governing authority of [the City of] Milton may at any time, without the necessity of any agreement by Fulton County, commence to exercise its planning and zoning powers; provided, however, that the city shall give the county notice of the date on which the city will assume the exercise of such powers. Upon the governing authority of [the City of] Milton commencing to exercise its planning and zoning powers, the Municipal Court of the City of Milton shall immediately have jurisdiction to enforce the planning and zoning ordinances of the city. The provisions of this subsection shall control over any conflicting provisions of any other subsection of this section. (f) Effective upon the termination of the transition period, subsections (b) through (e) of this section shall cease to apply except for the last sentence of subsection (d) which shall remain effective. Effective upon the termination of the transition period, the City of Milton shall be a full functioning municipal corporation and subject to all general laws of this state. Section 23. Section 7.17 is amended by striking it in its entirety and replacing it with a new Section 7.17 to read as follows: It is the intention of the General Assembly that this Act be construed as directory rather than mandatory with respect to any date prescribed in this Act. If it is necessary to delay any action called for in this Act for providential cause, delay in securing approval under the federal Voting Rights Act, or any other reason, it is the intention of the General Assembly that the action be delayed rather than abandoned. Any delay in performing any action under this Act, whether for cause or otherwise, shall not operate to frustrate the overall intent of this Act. Without limiting the generality of the foregoing it is specifically provided that: (1) If it is not possible to hold the referendum election provided for in section 7.14 of this Act on the date specified in that section, then such referendum shall be held as soon thereafter as is reasonably practicable; and 12 (2) If it is not possible to hold the first municipal election provided for in section 2.11 of this Act on the date specified in that section, then there shall be a special election for the initial members of the governing authority to be held as soon thereafter as is reasonably practicable, and the commencement of the initial terms of office shall be delayed accordingly. Section 24. Section 7.18 is amended by striking it in its entirety and replacing it with a new Section 7.18 to read as follows: At the first regularly scheduled city council meeting in December, 2011, and every 5 years thereafter, five years after the inception of the City of Milton, the mayor and city council shall call for a Charter commission to review the city's experience and recommend to the General Assembly any changes to the City Charter. Members of the Charter commission shall be appointed as follows: one by the mayor, one by the city council, and one by each member of the Georgia House of Representatives and Senate whose district lies wholly or partially within the corporate boundaries of the City of Milton. All members of the Charter commission must reside in the City of Milton. The commission must complete the recommendations within six months of its creation. SEVERABILITY If any portion of this Ordinance or the application thereof shall be held invalid or unconstitutional, the other provisions of this Ordinance shall not be affected, and thus, the provisions of this Ordinance are declared severable. REPEALER Any other Ordinance, Resolution, or local law, or portion thereof, now in effect, that is in conflict with any of the provisions of this Ordinance is hereby repealed. EFFECTIVE DATE This Ordinance shall become effective when all required documents have been filed with the Secretary of State and in the Office of the Clerk of Superior Court of Fulton County as required by O.C.G.A. § 36-35-5. ADOPTION AT TWO CONSECUTIVE MEETINGS This Ordinance was adopted at two (2) regular consecutive meetings of the Council of the City of Milton held on ______________, 2013 and ______________, 2013, as required by O.C.G.A. § 36-35-3. BE IT SO ORDAINED, this ___ day of ____________________, 2013, by the Council of the City of Milton, Georgia. Approved: 13 _______________________ Joe Lockwood, Mayor Attest: ___________________________ Sudie Gordon, City Clerk (Seal)