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HomeMy WebLinkAbout10-07-2013-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, October 7, 2013 Regular Council Meeting Agenda 6:00 PM INVOCATION - Reverend Calvin Odhner, Morning Star Chapel, Milton, Georgia CALL TO ORDER 1) ROLL CALL 2) PLEDGE OF ALLEGIANCE (Led by Mayor Joe Lockwood) 3) APPROVAL OF MEETING AGENDA (Add or remove items from the agenda) (Agenda Item No. 13-221) 4) PUBLIC COMMENT 5) CONSENT AGENDA 1. Approval of the September 9, 2013 Work Session Meeting Minutes. (Agenda Item No. 13-222) (Sudie Gordon, City Clerk) MILTON CITY COUNCIL REGULAR COUNCIL MEETING OCTOBER 7 , 2013 Page 2 of 4 Persons needing special accommodations in order to participate in any City meeting should call 678-242-2500. 2. Approval of the September 16, 2013 Regular City Council Meeting Minutes. (Agenda Item No. 13-223) (Sudie Gordon, City Clerk) 3. Approval of a Professional Services Agreement between the City of Milton and Qk4, Inc. to Provide Right of Way Services for Intersection Improvements at the Hopewell Road – Birmingham Road Intersection. (Agenda Item No. 13-224) (Carter Lucas, Public Works Director) 4. Approval of the Acquisition of a 0.529 Acre Remainder Parcel at 13795 Birmingham Highway from Margaret E. Dimsdale for a Total Purchase Price of $30,000. (Agenda Item No. 13-225) (Carter Lucas, Public Works Director) 5. Approval of an Addendum to the Construction Services Agreement between the City of Milton and Baldwin Paving Company, Inc. for the FY 13 Road Reconstruction and Resurfacing Projects. (Agenda Item No. 13-226) (Carter Lucas, Public Works Director) 6. Approval of a Professional Services Agreement between the City of Milton and Atkins North America, Inc. to Provide Preliminary Engineering – Concept Phase for Crabapple Streetscape Project. (Agenda Item No. 13-227) (Carter Lucas, Public Works Director) 7. Approval of a Professional Services Agreement between the City of Milton and Pond & Company for SR 9 (Alpharetta Highway) at Bethany Bend Intersection Concept Study. (Agenda Item No. 13-228) (Carter Lucas, Public Works Director) 8. Approval of a Professional Services Agreement between the City of Milton and Industrial Facilities Solutions, LLC for Stormwater Structure Repairs on Mountain, Dorris and Darby Roads. (Agenda Item No. 13-229) (Carter Lucas, Public Works Director) 9. Approval of the Audit Engagement Letter with Mauldin & Jenkins, LLC to Audit the City’s Financial Statements for the Fiscal Year Ending September 30, 2013. (Agenda Item No. 13-230) (Stacey Inglis, Assistant City Manager) 6) REPORTS AND PRESENTATIONS 1. Presentation of State Certification Award to the City of Milton Police Department. (Presented by Mayor Joe Lockwood & Chief Billy Grogan of the Dunwoody Police Department) MILTON CITY COUNCIL REGULAR COUNCIL MEETING OCTOBER 7 , 2013 Page 3 of 4 Persons needing special accommodations in order to participate in any City meeting should call 678-242-2500. 7) FIRST PRESENTATION 1. Consideration of U13-02/VC13-03 – Deerfield Parkway (West Side), Crescent Communities, LLC. for a Use Permit to Allow the Construction of 256 Multi-family Residential Units and Related Accessory Uses (Sec. 64-1839) and a 2-part Concurrent Variance to 1) Provide 100% of the Site for Apartments (Chapter 64, Division 5.A, 4.6.6.a.ii) and 2) to Delete the Requirement to Provide a Minimum of 300 Cubic Feet of Separate Contiguous Storage Space Shall be Provided to Each Dwelling Unit. (Agenda Item No. 13-231) (Kathleen Field, Community Development Director) 2. Consideration of an Ordinance to Amend Chapter 2, Article VI, Administration-Financial Management Program Section 2-626(a)(2) to Provide for Piggybacking from Contracts of Other Public Entities. (Agenda Item No. 13-232) (Stacey Inglis, Assistant City Manager) 8) PUBLIC HEARING (None) 9) ZONING AGENDA (None) 10) UNFINISHED BUSINESS 1. Consideration of T13-02/VC13-05 - 13700 Highway 9 – New Cingular Wireless, PCS, LLC (a/k/a AT&T Mobility) Consideration of an Ordinance to Increase the Height of the Tower from 175 Feet to 185 Feet and a Two Part Concurrent Variance; 1) Reduce Tower Setbacks to Allow Existing Tower to be Set Back 26 Feet from Eastern Property Line and 20 Feet from Northern Property Line (all measured from centerline of tower) (Sec. 54-6 (d)(1). 2) Reduce the 20 Foot Required Landscape Strip to 10 Feet (currently existing) (Sec. 54-6 (e). (Agenda Item No. 13-216) (First Presentation at September 16, 2013 Regular Council Meeting) (Kathleen Field, Community Development Director) MILTON CITY COUNCIL REGULAR COUNCIL MEETING OCTOBER 7 , 2013 Page 4 of 4 Persons needing special accommodations in order to participate in any City meeting should call 678-242-2500. 11) NEW BUSINESS 1. Consideration of a Waiver of Conflict affirmatively waiving any actual or potential conflict related to Jarrard & Davis, LLP’s former service to the Charter Commission – upon which Mr. Wallace was a member - and Jarrard & Davis, LLP’s present representation of the City against New Providence, LLC, an entity with whom Ron Wallace may have an interest, and otherwise directs Jarrard & Davis, LLP to continue advancing the City’s interests in condemnation case, City of Milton v. 0.430 acres of land et al., Civil Action File No. 2013CV227053. (Agenda Item No. 13-233) (Ken Jarrard, City Attorney) 2. Consideration of a Resolution to Authorize the Mayor and City Council to Approve the Submission of the Letter of Interest for the Congestion Mitigation and Air Quality Program to the Atlanta Regional Commission in Partnership with Alpharetta, Georgia. (Agenda Item No. 13-234) (Chris Lagerbloom, City Manager) 3. Consideration of a Settlement from Consent Final Order and Judgment of the Condemnation of 0.430 Acres of Right of Way and 0.296 Acres of Permanent Construction and Maintenance Easement and 0.019 Acres of Temporary Construction Easement on Parcel 4 from New Providence LLC, and Arthur E. Ferdinand as Fulton County Tax Commissioner in the Amount of $125,000. (Agenda Item No. 13-235) (Ken Jarrard, City Attorney) 4. Consideration of a Resolution Appointing a Member to the City of Milton Design Review Board by Appointing a Board Member for District 1/ Post 2. (Agenda Item No. 13-236) (Mayor Joe Lockwood) 12) MAYOR AND COUNCIL REPORTS 13) STAFF REPORTS 14) EXECUTIVE SESSION (if needed) 15) ADJOURNMENT (Agenda Item No. 13-237) The minutes were provided electronically HOME OF ' N . FSTABL.ISHED 2006 TO: City Council CITY COUNCIL AGENDA ITEM DATE: September 26, 2013 FROM: City Manager AGENDA ITEM: Approval of a Professional Services Agreement between the City of Milton and Qk4, Inc. to Provide Right of Way Services for Intersection Improvements at the Hopewell Road — Birmingham Road Intersection. MEETING DATE: Monday, October 7, 2013 Regular City Council Meeting. BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: APPROVED CITY ATTORNEY APPROVAL REQUIRED: OYES CITY ATTORNEY REVIEW REQUIRED: OYES APPROVAL BY CITY ATTORNEY (APPROVED PLACED ON AGENDA FOR: /00-71-A REMARKS O NOT APPROVED () NO () NO () NOT APPROVED 60 © Your *** .:� Green` w ; c, -fl d ; Top:;oo PHONE: 678,242.25001 FAX: 678.242.2499 , c of Community th«5 info@cityofmiitonga.us I www.cityofmiltonga.us 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 To: Honorable Mayor and City Council Members From: Sara Leaders, PE – Transportation Engineer Date: Submitted on September 23, 2013 for the October 7, 2013 Regular Council Meeting Agenda Item: Approval of a Professional Services Agreement between the City of Milton and Qk4, Inc. to Provide Right of Way Services for Intersection Improvements at the Hopewell Road – Birmingham Road Intersection ____________________________________________________________________________ Department Recommendation: Staff is recommending approval of the Professional Services Agreement. Executive Summary: The Hopewell Road-Birmingham Road intersection was identified in the City of Milton Transportation Master Plan as one of the top priority intersections in the city. The consultant on the project is finalizing design and right of way plans. The City requested bids to provide right of way services for the project and received four bids. In accordance with the city’s standard procurement procedures written bids were solicited to secure a qualified consultant to complete this project. Qk4 was determined to be the lowest reliable bidder. Staff is recommending approval of the Professional Services Agreement with Qk4 in the amount of $37,000. Funding and Fiscal Impact: Funding for this project is available in the Hopewell @ Birmingham Intersection Improvement Capital account. Alternatives: N/A Legal Review: Jarrard & Davis – Paul Higbee 8/19/2013 Attachment(s): Professional Services Agreement PROFESSIONAL SERVICES AGREEMENT BIRMINGHAM ROAD AT HOPEWELL ROAD INTERSECTION IMPROVEMENTS RIGHT OF WAY SERVICES This Agreement made and entered into this _____ day of _____________, in the year 2013, 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 Qk4, Inc. (“Consultant”) having its principle place of business at 3169 Holcomb Bridge Road, Suite 455, Norcross, GA 30071. WHEREAS, the City requested bids, to solicit professional services for the acquisition of right of way for the Birmingham Rd at Hopewell Rd intersection improvements; and WHEREAS, based upon Consultant’s qualifications and bid to provide these services as required by the bid documents, the City has selected Consultant as the winning bidder, and WHEREAS, Consultant has agreed to perform such work as set forth in this Agreement, according to the terms and conditions provided in this Agreement; and WHEREAS, Consultant has familiarized itself with the nature and extent of the Contract Documents, the Project, and the Work, with all local conditions and federal, state and local laws, ordinances, rules and regulations in any manner that may affect cost, progress or performance of work, and Contractor is aware that he must be licensed to do business in the State of Georgia. NOW THEREFORE, the City and Consultant, in consideration of the mutual promises contained herein and other good and valuable consideration, the sufficiency of which is hereby acknowledged, agree as follows: 1.0 Contract Documents This Agreement and the following named Exhibits, attached hereto and incorporated herein by reference, constitute the “Contract Documents”: EXHIBIT A INVITATION TO BID/SCOPE OF WORK EXHIBIT B BID SUBMITTAL FORM/FEE SCHEDULE EXHIBIT C INSURANCE CERTIFICATE EXHIBIT D CONSULTANT AFFIDAVIT EXHIBIT E SUBCONSULTANT AFFIDAVIT 2 | Qk4 Professional Services Agreement To the extent that there may be any conflict among the Contract Documents, the provision operating most to the benefit of the City shall govern. 2.0 Scope of Work; Compensation 2.1 The Consultant agrees to provide all Services specified in Exhibit “A.” No payments will be made for unauthorized work. Invoices should be submitted to Rick Pearce, 13000 Deerfield Parkway, Milton GA 30004, for approval. Payment will be sent to the designated address by U. S. Mail only; payment will not be hand-delivered. 2.2 City agrees to pay Consultant for the services performed and costs incurred by Consultant upon the City’s certification that the services were actually performed and costs actually incurred in accordance with this Agreement. Compensation for services performed and, if applicable, reimbursement for costs incurred shall be paid to Consultant upon the City’s receipt and approval of an invoice, submitted upon completion of the Work, setting forth in detail the services performed and costs incurred. Invoices shall reflect charges incurred versus charges budgeted. The total amount paid under this Agreement for the Work shall not, in any case, exceed a Lump sum fee not to exceed $37,000 (the “Contract Price”) plus any additional per parcel services that may be required according to fees identified in Exhibit “B”, without prior written approval from the City. 2.3 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. 2.4 The City reserves the right to order changes in the Work to be performed under this Agreement by altering, adding to, or deducting from the Work. All such changes shall be incorporated in written change orders executed by the Consultant and the City. Such change orders shall specify the changes ordered and any necessary adjustment of compensation and completion time. If the Parties cannot reach an agreement on the terms for performing the changed work within a reasonable time to avoid delay or other unfavorable impacts as determined by the City in its sole discretion, the City shall have the right to determine reasonable terms and the Consultant shall proceed with the changed work. 2.5 Any work added to the scope of this Agreement by a change order shall be executed under all the applicable conditions of this Agreement. No claim for additional compensation or extension of time shall be recognized, unless contained in a written change order duly executed on behalf of the City and the Consultant. 2.6 The City Manager has authority to execute without further action of the Milton City Council, any number of change orders so long as their total effect does not materially alter the terms of this Agreement or materially increase the total amount to be paid under this Agreement. Any such change orders materially altering the terms of this Agreement or increasing the total amount to be paid under this Agreement in excess of $25,000, must be approved by resolution of the Milton City Council. 3 | Qk4 Professional Services Agreement 3.0 Independent Contractor 3.1. The Consultant is an independent Contractor. The Consultant is not an employee, agent or representative of the City of Milton. The Consultant shall obtain and maintain, at the Consultant’s expense, all permits, license or approvals that may be necessary for the performance of the services. 3.2 Inasmuch as the City of Milton and the Consultant are entities independent of one another, neither has the authority to bind the other to any third person or otherwise to act in any way as the representative of the other, unless otherwise expressly agreed to in writing signed by both parities hereto. The Consultant agrees not to represent itself as the City’s agent for any purpose to any 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. 4.0 Indemnification The Consultant covenants and agrees to take and assume all responsibility for the services rendered in connection with this Agreement. The Consultant shall bear all losses and damages directly or indirectly resulting to it on account of the performance or character of the services rendered pursuant to this Agreement. Consultant shall defend, indemnify and hold harmless the City, its officers, boards, commissions, elected and appointed officials, employees and agents from and against any and all claims, suits, actions, liability, judgments, damages, losses, and expenses, including but not limited to, attorney’s fees, which may be the result of willful, negligent or tortuous conduct arising out of the Work, performance of contracted services, or operations by the Consultant, any sub-consultant, anyone directly or indirectly employed by the Consultant or sub-consultant or anyone for whose acts the Consultant or sub-consultant may be liable, regardless of whether or not the offending act is caused in part by a party indemnified hereunder. Such obligation shall not be construed to negate, abridge, or otherwise reduce any other right or obligation of indemnity which would otherwise exist as to any party or person described in this provision. In any and all claims against the City or any of its agents or employees, by any employee of the Consultant, any sub-consultant, anyone directly or indirectly employed by the Consultant or sub-consultant or anyone for whose acts the Consultant or sub- consultant may be liable, the indemnification obligation set forth in this provision shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the Consultant or any sub-consultant under workers’ or workmen’s compensation acts, disability benefit acts or other employee benefit acts. This obligation to indemnify and defend the City, its members, officers, agents, employees and volunteers shall survive termination of this Agreement. 5.0 Insurance (1) Requirements: 4 | Qk4 Professional Services Agreement The Consultant shall have and maintain in full force and effect for the duration of this Agreement, insurance insuring against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Work by the Consultant, its agents, representatives, employees or sub-consultants. All policies shall be subject to approval by the City Attorney to form and content. These requirements are subject to amendment or waiver if so approved in writing by the City Manager. (2) Minimum Limits of Insurance: Consultant shall maintain limits no less than: (a) Comprehensive General Liability of $1,000,000 combined single limit per occurrence for bodily and personal injury, sickness, disease or death, injury to or destruction of property, including loss of use resulting there from. (b) Comprehensive Automobile Liability (owned, non-owned, hired) of $1,000,000 combined single limit per occurrence for bodily and personal injury, sickness, disease or death, injury to or destruction of property, including loss of use resulting there from. (c) Professional Liability of $1,000,000 limit for claims arising out of professional services caused by the Consultant's errors, omissions, or negligent acts. (d) Workers' Compensation limits as required by the State of Georgia and employers Liability limits of $1,000,000 per accident. (3) Deductibles and Self-Insured Retentions: Any deductibles or self-insured retentions must be declared to and approved by the City. (4) Other Insurance Provisions: The policy is to contain, or be endorsed to contain, the following provisions: (a) General Liability and Automobile Liability Coverage. (i) The City, its officials, employees, agents and volunteers are to be covered as insured as respects: liability arising out of activities performed by or on behalf of the Consultant; products and completed operations of the Consultant; premises owned, leased, or used by the Consultant; automobiles owned, leased, hired, or borrowed by the Consultant. The coverage shall contain no special 5 | Qk4 Professional Services Agreement limitations on the scope of protection afforded to the City, its officials, employees, agents or volunteers. (ii) The Consultant's insurance coverage shall be primary noncontributing insurance as respects to any other insurance or self-insurance available to the City, its officials, employees, agents or volunteers. Any insurance or self-insurance maintained by the City, its officials, employees or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. (iii) Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its officials, employees, agents or volunteers. (iv) Coverage shall state that the Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (v) Coverage shall be provided on a “pay on behalf” basis, with defense costs payable in addition to policy limits. There shall be no cross liability exclusion. (vi) The insurer agrees to waive all rights of subrogation against the City, its officials, employees, agents and volunteers for losses arising from work performed by the Consultant for the City. (vii) All endorsements to policies shall be executed by an authorized representative of the insurer. (b) Workers' Compensation Coverage. The insurer will agree to waive all rights of subrogation against the City, its officials, employees, agents and volunteers for losses arising from work performed by the Consultant for the City. (c) All Coverages. (i) The city shall be notified immediately by certified mail, return receipt requested, should any policy be suspended, voided, canceled, reduced in coverage or in limits. (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. 6 | Qk4 Professional Services Agreement (5) Acceptability of Insurers: Insurance is to be placed with insurers with an A.M. Bests' rating of no less than A:VII. (6) Verification of Coverage: Consultant shall furnish the City with certificates of insurance and endorsements to the policies evidencing coverage required by this clause prior to the start of work. The certificates of insurance and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificate of insurance and endorsements shall be on a form utilized by Consultant's insurer in its normal course of business and shall be received and approved by the City prior to execution of this Agreement by the City. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. The Consultant shall provide proof that any expiring coverage has been renewed or replaced at least two (2) weeks prior to the expiration of the coverage. (7) Sub-consultants: Consultant shall include all sub-consultants as insured under its policies or shall furnish separate certificates and endorsements for each sub-consultant. All coverage for sub-consultants shall be subject to all of the requirements stated in this Agreement, including but not limited to naming the parties as additional insured. (8) Claims-Made Policies: Consultant shall extend any claims-made insurance policy for at least six (6) years after termination or final payment under the Agreement, whichever is later. (9) City as Additional Insured and Loss Payee: The City shall be named as an additional insured and loss payee on all policies, except worker’s compensation and professional liability, required by this Agreement. 6.0 Term; Termination The term of this Agreement shall be from September 16, 2013 and shall terminate absolutely and without further obligation on the part of the City on December 31, 2013, provided that this Agreement, absent written notice of non-renewal provided by the City to Consultant at least thirty (30) days prior to December 31, 2013, shall automatically renew on January 1, 2014 to December 31, 2014. Except as otherwise provided for in Exhibit “A”, the City may terminate this Agreement upon a breach of any provision of this Agreement by Consultant and Consultant’s subsequent failure to cure such breach within fifteen (15) days of receipt from the 7 | Qk4 Professional Services Agreement City of a written notice of the breach. Title to any supplies, materials, equipment, or other personal property shall remain in the Consultant until fully paid by the City. 7.0 Compliance with All Laws and Licenses The Consultant must obtain all necessary licenses and comply with local, state and federal requirements. The Consultant shall comply with all laws, rules and regulations of any governmental entity pertaining to its performance under this Agreement. 8.0 Assignment The Consultant shall not assign or subcontract the whole or any part of this Agreement without the City of Milton’s prior written consent. 9.0 Amendments in Writing No amendments to this Agreement shall be effective unless it is in writing and signed by duly authorized representatives of the parties. 10.0 Expertise of Consultant Consultant accepts the relationship of trust and confidence established between it and the City, recognizing that the City’s intention and purpose in entering into this Agreement is to engage an entity with the requisite capacity, experience, and professional skill and judgment to provide the services in pursuit of the timely and competent completion of the Work undertaken by Consultant under this Agreement. 11.0 Governing Law This Agreement shall be governed in all respects by the laws of the State of Georgia. 12.0 Interpretation of Documents In the event of a conflict in language between this Agreement and any exhibit to this Agreement, the provisions most favorable to the City shall govern. 13.0 Entire Agreement This Agreement constitutes the entire Agreement between the parties with respect to the subject matter contained herein; all prior agreements, representations, statements, negotiations, and undertakings are suspended hereby. Neither party has relied on any representation, promise, nor inducement not contained herein. 14.0 Waiver of Agreement The City’s failure to enforce any provision of this Agreement or the waiver in a particular instance shall not be construed as a general waiver of any future breach or default. 8 | Qk4 Professional Services Agreement 15.0 Sovereign Immunity Nothing contained in this Agreement shall be construed to be a waiver of the City’s sovereign immunity or any individual’s qualified good faith or official immunities. 16.0 Notices All other notices, writings or correspondence as required by this Agreement shall be in writing and shall be deemed received, and shall be effective, when: (1) personally delivered, or (2) on the third day after the postmark date when mailed by certified mail, postage prepaid, return receipt requested, or (3) upon actual delivery when sent via national overnight commercial carrier to the Parties at the addresses given below, unless a substitute address shall first be furnished to the other Parties by written notice in accordance herewith: NOTICE TO THE CITY shall be sent to: City Manager City of Milton 13000 Deerfield Parkway, Suite 107F Milton, Georgia 30004 NOTICE TO THE CONSULTANT shall be sent to: Andrew C. Ballerstedt, PE Qk4, Inc. 3169 Holcomb Bridge Rd, Suite 455 Norcross, GA 30071 17.0 No Personal Liability No member, official or employee of the City shall be personally liable to the Consultant or any successor in interest in the event of any default or breach by the City or for any amount which may become due to the Consultant or successor or on any obligation under the terms of this Agreement. Likewise, Consultant’s performance of services under this Agreement shall not subject Consultant’s individual employees, officers or directors to any personal liability. The Parties agree that their sole and exclusive remedy, claim, 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. 18.0 Employment of Unauthorized Aliens Prohibited (1) E-Verify Affidavits It is the policy of the City of Milton that unauthorized aliens shall not be employed to perform work on City contracts involving the physical performance of services. Therefore, the City shall not enter into a contract for the physical performance of services within the State of Georgia, unless the Contractor shall provide evidence on City-provided forms, attached hereto as Exhibits “D” and “E” that it and Contractor’s subcontractors have within the previous twelve (12) month 9 | Qk4 Professional Services Agreement period conducted a verification of the social security numbers of all employees who will perform work on the City contract to ensure that no unauthorized aliens will be employed. The City Manager or his/her designee shall be authorized to conduct an inspection of the Contractor’s and Contractor’s subcontractors’ verification process to determine that the verification was correct and complete. The Contractor and Contractor’s subcontractors shall retain all documents and records of its verification process for a period of three (3) years following completion of the contract. This requirement shall apply to all contracts for the physical performance of services where more than three (3) persons are employed on the City contract. The City Manager or his/her designee shall further be authorized to conduct periodic inspections to ensure that no City Contractor or Contractor’s subcontractors employ unauthorized aliens on City contracts. By entering into a contract with the City, the Contractor and Contractor’s subcontractors agree to cooperate with any such investigation by making its records and personnel available upon reasonable notice for inspection and questioning. Where a Contractor or Contractor’s subcontractors are found to have employed an unauthorized alien, the City Manager or his/her designee may order the Contractor to terminate or require its subcontractor to terminate that person’s employment immediately and to report same to the Department of Homeland Security. The Contractor’s failure to terminate the employee, or otherwise cooperate with the investigation may be sanctioned by termination of the contract, and the Contractor shall be liable for all damages and delays occasioned by the City thereby. Compliance with the requirements of O.C.G.A. § 13-10-91 and Rule 300-10-1-.02 is mandatory. Contractor agrees that, in the event the Contractor employs or contracts with any subcontractor(s) in connection with this Agreement, the Contractor will secure from the subcontractor(s) such subcontractor(s’) indication of the above employee-number category that is applicable to the subcontractor. Contractor’s compliance with the requirements of O.C.G.A. § 13-10-91 and Rule 300-10-1-.02 shall be attested by the execution of the contractor’s affidavit attached as Exhibit “D.” The above requirements shall be in addition to the requirements of State and federal law, and shall be construed to be in conformity with those laws. 19.0 Title VI Compliance Requirements In accordance with Title VI of the Civil Rights Act, as amended, 42 U.S.C. § 2000d, section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6102, section 202 of the Americans with Disabilities Act of 1990, 42 U.S.C. § 12132, and all other provisions of Federal law, the Consultant agrees that, during performance of this Agreement, Consultant, for itself, its assignees and successors in interest, will not discriminate against any employee or applicant for employment, any subcontractor, or any supplier because of race, color, creed, national origin, gender, age or disability. In addition, Consultant agrees to comply with all applicable implementing regulations and shall include the provisions of this Section IV(R) in every subcontract for services contemplated under this Agreement. 10 1 Qk4 Professional. Services Agreemen -11 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. SIGNED, SEALED, AND DELIVERED j%%111111111 11., NOTARY SEAL �` Q` 0 My Commission ires:� T�� m �,- /LIC �NTY GIE: • Qk4, Inc.: By: Andrew C. Ballerstedt, PE Its: Vice President/Atlanta Regional Manager [AFFIX CORPORATE SEAL] CITY OF MILTON: By: Joe Lockwood Its: Mayor [CITY SEAL] QK4 Professional Services Agreement EXHIBIT "A" Invitation to Bid/Scope of Work HOME OF 'THEBEST QUALITY OF LIFE IN GEORGIA' M1 LTON4t ESTABLISHED 2006 ena ys � Longstreet Ra m ' Manx x& PROJECT LOCATION z CaurtryClub - Manor Bridya .21 ZF Birmingham -Rd Rogers Ra evr ell-Rtl�I . ,envN�-tl I a ➢i am 111%.Atlanta•N�Y Ra U Ory P cnr,� ` i Ur mo n - Ball I Memonal Alpharetta Park Country e Club mre r� The Trophy Club 0 Club Of Atlanta • Francis•Rtl i r,rass�;, Autumn I RoO.nn' n Crooked — Creek INTERSECTION IMPROVEMENT RIGHT OF WAY SERVICES BIDS DUE AUGUST 9, 2013 BY 5:00 PM BIRMINGHAM ROAD AT HOPEWELL ROAD City of Milton, Georgia Questions and Bid Responses to be submitted to: sara. leaders(? cityofmiltonga.us Bid response shall include signed and completed Bid Submittal Form (Page 7) and E -Verify Form (Page 8) © * You=.- �� PHONE: 678.242.2500 1 FAX: 678.242.2499 M a'Green ? * Certified info@cityofmiltonga.us I www.cityofmiltonga.us NMR Community k i,P f ePtling rhe Wety f0 SuInnditlP- I vin� 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 - CERTIFIED BRONZE - �''�6�``� 2 1 Right of Way Services PROJECT DESCRIPTION The intersection improvement project for Birmingham Road at Hopewell Road is located in North Fulton County in the City of Milton. The existing intersection is side stop controlled on Birmingham Road and free flow on Hopewell Road. Peak hour traffic congestion has been observed at this intersection and future traffic growth in this area will likely increase delay at this intersection. Due to this traffic congestion, the City identified this intersection for operational improvements. This project is for right of way and easement acquisition and services associated with the planned intersection improvements. The City is currently developing final plans for this project. The cover sheet of the working plan set is provided on page 6 to show location and preliminary parcel count. This project is 100% locally funded. SCOPE OF WORK The bidder shall have familiarized themselves with the work required, the bid documents, the project site, all laws, regulations and other factors affecting performance of the work, and have satisfied himself/herself of the expense and difficulties attending performance of the work. If bid is accepted, bidder shall enter into a contract to perform all work necessary to the successful completion of the contract; and to supply all required submittals as indicated or specified in the bid documents to be performed or furnished by bidder for the for the provided unit prices. THE BASE BID IS THE AMOUNT UPON WHICH THE BIDDER WILL BE FORMALLY EVALUATED AND WHICH WILL BE USED TO DETERMINE THE LOWEST RESPONSIBLE BIDDER. The costs for developing and delivering responses to this bid and any subsequent presentations as requested by the City are entirely the responsibility of the bidder. The City is not liable for any expense incurred by the bidder in the preparation of their bid. The City of Milton reserves the right to reject any or all bids, to waive technicalities and informalities, and to make award in the best interest of the City of Milton. The base bid may not be withdrawn or modified, except at the request of the City, for a period of sixty (60) days following receipt of the bids. This project shall be bid and awarded as a Unit Price contract. DESCRIPTION OF SERVICES All Consultants and/or Sub Consultants must be prequalified with GDOT for each Right of Way Service described in the scope below. Pre -Acquisition Pre -Acquisition Services may be required on this project. Any pre-acquisition activities shall be in conformance with Federal regulations. Services may include, but are not limited to the following: Coordination services A. This includes all pre-acquisition and acquisition coordination with the City 3 1 Right of Way Services B. Coordination may include but not limited to attending meetings (meetings for appraisals, negotiation, and legal to be included in per parcel fee for those tasks), status reports, invoicing, property owners meeting and any additional required forms and documents Determination of Level of Appraisal A. Prepare a detailed right of way cost estimate in spreadsheet format to be submitted to City with recommendations on level of appraisal for each parcel B. City will make determination of actual level of appraisal for each parcel Coordination of Title Services and Reports A. Consultant will coordinate with City Attorney for title services. Consultant will provide all applicable project and parcel information and request for updates to title as needed. City Attorney will provide the actual title services and reports. Schedule and Conduct Right of Way Property Owners Meeting A. In coordination with City Appraisals: Appraisal services required to determine market value of the unencumbered fee simple interest, easements and any other interests in the part taken plus any consequential damages, offset to the extent of special benefits in accordance with State law. The Consultant shall attend periodic meetings with the City regarding the status of the appraisal tasks. The services to be performed by the Consultant may include, but are not limited to the following: Databooks A. Preparation of Land Sales Databooks for project along with preliminary value ranges for the various property types. Self Contained Appraisals A. Appraise the market value of the unencumbered fee simple interest, easements and any other interests in the part taken plus any consequential damages, offset to the extent of special benefits, in accordance with State Law. The appraisals shall be prepared in conformance with Federal regulations. Individual appraisal reports shall be provided on the GDOT approved appraisal format. Additionally, the appraisals will be prepared in conformance with the Uniform Standards of Professional Appraisal Practice (USPAP) and in accordance with the Code of Ethics of the Appraisal Institute. Cost to Cure: Some parcels may require additional reports to determine costs to cure for items such as septic systems, parking, and trade fixtures. The fees for these additional reports will be negotiated on an as needed basis and added to the contract. Negotiation: Negotiation services are for the acquisition of right of way and easements for the above referenced project. The services to be performed by the Consultant may include, but are not limited to the following: Negotiation Package A. Upon receipt of approved appraisals or cost estimate/data book from the City, the Consultant shall prepare negotiation packages for owners to include the following: 4 1 Right of Way Services 1. Brochure entitled "What Happens When Your Property Is Needed for a Transportation Facility" 2. Receipt for Brochure 3. Offer Letter 4. Option & Plats 5. Statement of Estimated Values 6. Letter of Availability of Incidental Payments 7. Copies of plans with right-of-way and easements highlighted Negotiation Activity A. The Consultant should make all offers to purchase the required right of way and/or easements along with any other required payments to owners, tenants, or other parties having an approved monetary interest. All offers and benefits will be explained in detail and negotiation activities will be conducted in accordance with federal guidelines. Negotiation Activity shall include the following: 1. All owners should be contacted in person, if possible, at a time and place convenient to the owner. There shall be a sufficient number of personal contacts with each owner, in an attempt to secure a property settlement through negotiations, unless it is clearly apparent that continued negotiations would be unproductive. 2. The Consultant shall provide and explain to owners appropriate right of way plan sheet(s), cross-sections, driveway profiles and other construction information as requested by owners. 3. The Consultant will NOT provide owners with Appraisals under any circumstance, unless City gives permission. 4. Review and confirm with owner the accuracy of all information stipulated in the Preliminary Title Report. 5. If a settlement is reached at the offer amount, the Consultant will submit an option to the City for approval. If a counter offer is submitted by a property owner, Consultant will provide the necessary written justification for all approved settlements to designated official with the City. Under no circumstances will the Consultant have the authority to accept a settlement on behalf of the City, either monetarily or contractually. 6. Once an approved Option is obtained, Consultants must submit approved option along with all required supporting documentation to the City. 7. If a negotiated settlement cannot be reached, the Consultant shall turn the file over to the City for further action. B. The Consultant shall prepare and maintain a legible negotiation record on each property interest on which negotiation was attempted. The record should include the following: 1. Dates of negotiation or contact 2. Place of contact 3. Persons present 4. Offers made 5. Explanation of Right of Way and Construction plans 6. Counter-offers and recommendations regarding those counter-offers 7. Reasons why settlements could not be reached (if required) 8. Feedback and concerns from the property owner 5 1 Right of Way Services 9. Description of title problems and how they were solved (if required) 10. Signature of the negotiator for settled interests 11. Any other data pertinent to the negotiations 12. All related correspondence and reports in connection with and incidental to the parcel Individual Parcel Files A. The Consultant shall prepare and maintain individual parcel riles which includes the following: 1. Title reports 2. Appraisal reports / Approved cost estimates 3. Copies of all negotiation records 4. All required forms executed by property owners 5. Copies of all correspondence B. Files shall be available at any time for inspection by the City. All such information is the property of the City and shall be immediately delivered to the City upon request. Any information and/or knowledge gained from the appraisals, the acquisition and relocation on this project shall be kept confidential and not publicly disclosed without prior written authorization by the City. General Conditions: A. The Consultant shall attend periodic meetings with the City regarding the status of the negotiation tasks. B. The performance of all right of way services will be in full compliance with Title 49 Code of Federal Regulations, Part 24, Title 23 Code of Federal Regulations, Part 710, the Federal Uniform Act, all State Laws addressed in Georgia Code 22 and 32, and in accordance with the GDOT's Right of Way Manual of policies and procedures. C. If estimated fair market value changes at any time during the negotiation process, Consultant shall make a revised offer to owner. Closings Consultant will coordinate with City Attorney on parcel closings. City Attorney will perform closings. Consultant may be asked to attend closings if needed. Consultant will provide City Attorney with documents for closing of each parcel on the appropriate instruments/forms including: 1. Right -of -Way Deed/Permanent Easement/Temporary Easement/Driveway Easement 2. Settlement and Disbursement Statement 3. IRS 1099-5 Form 4. Owner's Affidavit 5. Final Title Certificate 6. Lien Releases Condemnations Consultant will coordinate with City Attorney on parcel condemnations. A. Consultant to include coordination costs for working with City Attorney B. Cost estimate may be listed as an hourly rate for petition preparation. r x t;$ o 3 xa� W o� �a#8# C �� i�oiHI�ap ¢ in N W uj p W Zn �y �$d8t�' H �m IR v w¢ C7 :x p W a o c3oi o v�y I(( __-___-_____ 1rr��I - v // O Q ------------ ----- �` /iz - o ZD - - _-- tmml LL- �� e CE � � \ $ z W � � S�•I N i, A $ I� J � � � � i •ra -_� �'�;,=' � \ � � ^�'i �3 ^moi � i LL- \ �'--- - h'9_N_ i �'> v /�� � cr- -- - - - / / ice• � Q cl'i N _ Eml Q I5•00 O` _ Z J ,,•oo _ ____� Q J LQ ,I 16 .00 LLJ t I p 3 U o I _ 1 of � U ooNNl '-o WW mH C 1y qwWW gj N o W Q� Q� ::� ::�Ln $W W m Y V i _ p _ i1c, tag - LLJ W IRli o3.5 3W zW QK4 Professional Services Agreement EXHIBIT `B" Fee Schedule BID SUBMITTAL FORM Birmingham Road at Hopewell Road Intersection Improvements Right of Way Services BIDDERS MUST RETURN THIS SHEET AS BID RESPONSE The undersigned bidder, having familiarized themselves with the work required, the bid documents, the project site, all laws, regulations and other factors affecting performance of the work, and having satisfied himself/herself of the expense and difficulties attending performance of the work; Hereby proposes and agrees, if this bid for the above named project is accepted to enter into a contract to perform all work necessary to the successful completion of the contract; and to supply all required submittals as indicated or specified in the ITB and the bid documents to be performed or furnished by bidder for the for the following unit prices: Right of Way Services Estimated Parcels Per Parcel Fee Estimated Total Pre-acquisition Services Coordination Services 16 $ 100 $ 1,600 Detailed ROW Cost Estimate 16 $ 235 $ 3,760 Title Coordination 16 $ 20 $ 320 Property Owners Meeting 16 $ 20 $ 320 Appraisals Project Data Book 1 $3,850 $ 3,850 388C 6 $1,200 $ 7,200 388N 1 $2,900 $ 2,900 Cost to Cure Special Reports to be added as needed N/A Negotiations Owner Interest/Easement 12 $1,200 $14,400 Driveway Easement Only 3 $ 150 $ 450 Government Parcel 1 $ 100 $ 100 Revised Offers 1 $ 100 $ 100 Closings Prepare Closing Documents 16 $ 100 $ 1,600 Condemnations Coordination 2 $ 200 $ 400 Prepare Petition (hourly rate) N/A N/A Estimated Project Total (Base Bid Amount) $ $37,000 Actual project total cost to be based on actual number of parcels required on each task at per parcel rates provided on this bid sheet. The number of parcels provided are estimates only. Print/Type Company Name Qk4, Inc. Authorized Signature Date August 81h, 2013 Print/Type Name and Title Andrew C. Ballerstedt, PE Vice-president EXHIBIT "D" CONTRACTOR AFFIDAVIT AND AGREEMENT STATE OF GEORGIA CITY OF MILTON By executing this affidavit, the undersigned contractor verifies its compliance with O.C.G.A. § 13-10-91, stating affirmatively that the individual, firm, or corporation which is 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 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: MSCH5710 eVerify Number June 121, 2008 Date of Authorization kQ 4, Inc. Name of Contractor Intersection Improvement Right of Way Services for Birmingham at Hopewell 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 onAutZ,19`h, 2013 in Norcross, Ga (st Signature of Authorized Officer or Agent Andrew C. Ballerstedt, PE Vice-president Printed Name and Title of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON TRIS THE_ AY OF ,fit ,2013. OTARY P LIC ;� .�� oMriiss .• /0• • 92'. m NOT My Conte sin? s HOME OF ` 1j ESTABLISHED 2006 TO: City Council CITY COUNCIL AGENDA ITEM DATE: September 26, 2013 FROM: City Manager AGENDA ITEM: Approval of the Acquisition of a 0.529 Acre Remainder Parcel at 13795 Birmingham Highway from Margaret E. Dimsdale for a Total Purchase Price of $30,000. MEETING DATE: Monday, October 7. 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 CITYATTORNEY REVIEW REQUIRED: O YES APPROVAL BY CITY ATTORNEY ()APPROVED PLACED ON AGENDA FOR: /o 073 REMARKS © yours PHONE: 678.242.2500 I FAX: 678.242.2499 info@cityofmiltonga.us 1 www.cityofmiltonga.us 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 O NOT APPROVED (XNO (XNO () NOT APPROVED J4 , Green 4► Community CERTIFIED BRONZE *Certified* Top.(Bo * City of + F0 0 L� To: Honorable Mayor and City Council Members From: Carter Lucas, PE, Public Works Director Date: Submitted on September 23, 2013 for the October 7, 2013 Regular Council Meeting Agenda Item: Approval of the Acquisition of a 0.529 Acre Remainder Parcel at 13795 Birmingham Highway from Margaret E. Dimsdale for a Total Purchase Price of $30,000 ____________________________________________________________________________ Department Recommendation: Approval. Executive Summary To provide for intersection improvements at the SR 372/New Providence Road/ Providence Road intersection the acquisition of permanent construction and maintenance easements severed the connection of this parcel from the parent parcel rendering the parcel unusable in its current configuration. The purchase price is $30,000. Funding and Fiscal Impact: Funding for this acquisition is available in the SR372/Birmingham Hwy at Providence Rd Intersection Improvement capital grant fund account. Alternatives: N/A Legal Review: N/A Concurrent Review: Chris Lagerbloom, City Manager Attachment(s): 1. Purchase Agreement AGREE ENT ` O PURCHASE REAL ESTATE GEORGIA, FULTON COUNTY CITY OF MILTON -Parcel 2 Remalrider For and In considerallon of the sum of One Dollar ($1,00), receipt whereof being acknowledged, the undersigned grants to City of Milton, an option to acquire the following described real estate: Right of Way and/or Easement rights through that tract or parcel of land located in Land Lot 847 of the _2nd_ district, _2nd Section of —Fulton County, Georgia, and being more particuiarly ( scribed on Exhibit "A" attached hereto and made a part hereof by reference. I � , For the sum of $ _,A08B:00_, the undersigned agrees to execute and deliver to City of Milton fee simple title to the lands owned by the undersigned as reflected on the attached Exhibit "A". * * * * * * k * * * * h * * * * * * * The following conditions are imposed upon the grant of this option: 1) 'This option shall extend for 90 days from this date. 2) The consideration recited is full payment for the rights conveyed outlined below: 0.626 ¢ Acres In Fee Simple Title (Area Shown colored to Yellow on attached Plat) 3) The undersigned shall obtain any releases from any parties having a claim or interest in the property described above. 4) Special Provisions, if any, are listed on Exhibit "B", which Is attached hereto and incorporated herein by reference. City agrees to close within B Months of Approved Agreement. THIS AGREEMENT IS BETWEEN THE CITY OF MILTON AND PROPERTY OWNER AND THE CITY WILL BE RESPONSIBLE FOR COMPENSATION TO THE OWNER. Witness my hand and seal this I Y day of �tl� �- _ �� S} l.1--1 Signed, Sealed and Delivered in the pres nc of. Witness � � ��►t►tf t l l rrr���� Notary f'Niblic f ` �p11R(4-,�'�. 01 °y pUSLIG . C. �+ ...... 10 ti� II�ONT Y 0 Ar�`,,�� a Z, �t,,- �o��:. (Seal) APPROVE -Ct lf.i'ON (Seal) EXHIBIT B 1. The City of Milton will have its surveyor stake the new boundary line between the remaining Dimsdale property and the parcel to be sold every twenty feet so that Owner (Margaret Dimsdale) may erect a fence on the new boundary line. This staking will be at no expense to Owner. 2. The purchase price for the property shall be $30,000.00. SEAL) i� Margaret Dimsdale Approved: City of Milton By (SEAL) HOME OF 'HE BEST O'11ALJY OF [-IFF IN GEORGIA' M T I LTON'11N ESTABLISHED 2006 TO: City Council CITY COUNCIL AGENDA ITEM DATE: September 26, 2033 FROM: City Manager AGENDA ITEM: Approval of an Addendum to the Construction Services Agreement between the City of Milton and Baldwin Paving Company, Inc. for the FY 13 Road Reconstruction and Resurfacing Projects. MEETING DATE: Monday, October 7, 2013 Regular City Council Meeting. BACKGROUND INFORMATION (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (APPROVED O NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: YES {) NO CITY ATTORNEY REVIEW REQUIRED: YES () NO APPROVAL BY CITY ATTORNEY (/APPROVED {) NOT APPROVED PLACED ON AGENDA FOR: 'l j d 0 713 REMARKS © YOUM PHONE: 678.242.25001 FAX: 678.242.2499 °.,�,a 'Green *Certified ; T�pa09 info@cityofmiltonga.us i www.cifyofmiltonga.us " Community 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 `EF r." `° Z� �g Page 1 of 1 To: Honorable Mayor and City Council Members From: Carter Lucas, Public Works Director Date: Submitted on September 23, 2013 for the October 7, 2013 Regular Council Meeting Agenda Item: Approval of an Addendum to the Construction Services Agreement between the City of Milton and Baldwin Paving Company, Inc. for the FY 13 Road Reconstruction and Resurfacing Projects ____________________________________________________________________________ Department Recommendation: Approval. Executive Summary: On July 15, 2013 the City Council approved a contract with Baldwin Paving Company, Inc. for the FY 13 Road Reconstruction and Resurfacing Projects. The contract was adjusted to bring the project back into budget by deferring a portion of the work on Dinsmore Road to FY14. With the adoption of the FY14 budget on October 1, 2013 the funds are now available to complete that work within the parameters of the original contract. Funding and Fiscal Impact: Funding for this project is available in the Capital Projects fund Pavement Management. Alternatives: N/A Legal Review: Jarrard & Davis, LLP – Paul Higbee, 9/19/2013 Concurrent Review: Chris Lagerbloom, City Manager Attachment(s): Addendum #1 1 ADDENDUM #1 FOR CONSTRUCTION SERVICES AGREEMENT FY13 RECONSTRUCTION & RESURFACING PROJECT WHEREAS, the City of Milton, Georgia and Baldwin Paving Company, Inc. have entered into a Construction Services Agreement (the “Agreement”) dated July 15, 2013, incorporated herein by reference, for road reconstruction and resurfacing; and WHEREAS, the parties desire to issue an addendum pursuant to Section 6 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 5 Contractor’s Compensation; Time and Method of Payment; Compensation of the Agreement is amended by replacing “…$2,500,000…” with “…$2,794,323.98…” 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 Change Order shall be attached to and form a part of said Agreement. 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. [SIGNATURES ON FOLLOWING PAGE] 2 Baldwin Paving Company, Inc. Signature: __________________________________ Printed Name: _______________________________ Title: ______________________________________ SIGNED, SEALED, AND DELIVERED in the presence of: _____________________________ Witness – Corporate Secretary _____________________________ 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: _____________________________ HOME OF ' 1. vii. ESTABLISHED 2006 TO: City Council CITY COUNCIL AGENDA ITEM DATE: September 26, 2013 FROM: City Manager AGENDA ITEM: Approval of a Professional Services Agreement between the City of Milton and Atkins North America, Inc. to Provide Preliminary Engineering — Concept Phase for Crabapple Streetscape Project. MEETING DATE: Monday, October 7, 2013 Regular City Council Meeting. BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: 0 APPROVED CITY ATTORNEY APPROVAL REQUIRED: {(YES CITY ATTORNEY REVIEW REQUIRED: x YES APPROVAL BY CITY ATTORNEY (APPROVED PLACED ON AGENDA FOR: 0 v7i 3 REMARKS {) NOT APPROVED O NO () NO () NOT APPROVED 44 © ' Your PHONE: 678.242.25001 FAX: 678.242.2499 4 infofcityofmiitonga.us I www.cityofmiitonga.us COl .M1.6nity 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 ""''- F° oR°"u i Certified* *;d* city of Ethic �j A To: Honorable Mayor and City Council Members From: Sara Leaders, PE – Transportation Engineer Date: Submitted on September 24, 2013 for the October 7, 2013 Regular Council Meeting Agenda Item: Approval of a Professional Services Agreement between the City of Milton and Atkins North America, Inc. to Provide Preliminary Engineering – Concept Phase for Crabapple Streetscape Project ____________________________________________________________________________ Department Recommendation: Staff is recommending approval of the Professional Services Agreement. Executive Summary: The City submitted a revised application for the proposed Crabapple Area Transportation Enhancement (TE) project in June 2011. The proposed TE project study area includes pedestrian streetscape improvements along Birmingham Highway, Broadwell Road, Mid Broadwell Road, Charlotte Drive, and Mayfield Road. Georgia Department of Transportation (GDOT) signed the MOU and issued a NTP on July 12, 2013. The City issued an RFQ and received 7 proposals. In accordance with the city’s standard procurement procedures and federal policies staff reviewed the submittals and is recommending approval of the Professional Services Agreement with Atkins for the concept phase in the amount of $28,500. The initial phase of this project will include master planning, conceptual design, and preparation of the GDOT concept report. Completing these services will better define the future phases of services that will be required and provide an economical approach to completing required future design services. Funding and Fiscal Impact: Funding for this project is available in the Crabapple Streetscape Capital Grant account. The City will fund 100% of preliminary engineering with the local match that will count toward the local requirement of 20% of the total project costs. Federal TE Grant funds will be used for construction. Legal Review: Jarrard & Davis – Paul Higbee 9/11/2013 Attachment(s): Professional Services Agreement MI_LTN1111�r �s�astisHen eau PROFESSIONAL SERVICES AGREEMENT CRABAPPLE STREETSCAPE This Agreement made and entered into this day of m the year 2013, 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 1070, Milton CIA 30004 and Atkins North America, Inc. ("Consultant") having its principle place of business at 1600 RiverEdge Parkway, Suite 600, Atlanta, Georgia 30328. WIIEREAS, the City issued a Request For Qualifications (Preliminary Engineering for Crabapple Streetscape Transportation Enhancement Project (PI 0011675)), to solicit bids for design services for streetscape improvements in the Crabapple area; and WHEREAS, based upon Consultant's qualifications to provide these services as required by the RFQ documents, the City has selected Consultant as the winning consultant, and WHEREAS, Consultant has agreed to perform such work as set forth in this Agreement, according to the terms and conditions provided in this Agreement; and WHEREAS, Consultant has familiarized itself with the nature and extent of the Contract Documents, the Project, and the Work, with all local conditions and federal, state and local laws, ordinances, rules and regulations in any manner that may affect cost, progress or performance of work, and Contractor is aware that he must be licensed to do business in the State of Georgia. NOW THEREFORE, the City and Consultant, in consideration of the mutual promises contained herein and other good and valuable consideration, the sufficiency of which is hereby acknowledged, agree as follows: 1.0 Contract Documents This Agreement and the following named Exhibits, attached hereto and incorporated herein by reference, constitute the "Contract Docurnents": EXHIBIT A REQUEST FOR QUALIFICATIONSISCOPE OF WORK EXHIBIT B RESPONSE TO BID/FEE SCHEDULE EXHIBIT C INSURANCE CERTIFICATE FXEHBIT D CONSULTANT AFFIDAVIT EXHIBIT E SUBCONSULTANT AFFIDAVIT To the extent that there may be any conflict among the Contract Documents, the provision operating most to the benefit of the City shall govern. 2.0 Scope of Work; Compensation 2.1 The Consultant agrees to provide all Services specified in Exhibit "A." No payments will be trade 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. 2.2 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 hump sura fee of $27,250 (the "Contract Price") plus expenses, estimated at $1,250, for the following tasks without prior written approval from the City. All expenses shall be paid at a direct cost based on invoices submitted with no mark up from the consultant. Task 1 - Streetscape Master Planning and Public Involvement; Task 2 - Concept Plan Report; Task 3 - Survey (Scope and fee to be determined at the completion of Task 2); Task 4 - Construction Documents (Scope and fee to be determined at the completion of Task 2); Task 5 - Right of Way Acquisition (Scope and fee to be determined at the completion of Task 2); Task G - Construction Administration (Scope and fee to be determined at the completion of Task 2). 2.3 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. 2.4 The City reserves the right to order changes in the Work to be performed under this Agreement by altering, adding to, or deducting from the Work. All such changes shall_ be incorporated in written change orders executed by the Consultant and the City. Such change orders shall specify the changes ordered and any necessary adjustment of compensation and completion time. If the Parties cannot reach an agreement on the terms for performing the changed work within a reasonable time to avoid delay or other unfavorable impacts as determined by the City in its sole discretion, the City shall have the right to determine reasonable terms and the Consultant shall proceed with the changed work. 2.5 Any work added to the scope of this Agreement by a change order shall be executed under all the applicable conditions of this Agreement. No claim for additional compensation or extension of time shall be recognized, unless contained in a written change order duly executed on behalf of the City and the Consultant. 2.6 The City Manager has authority to execute without further action of the Milton City Council, any number of change orders so long as Their total effect does not materially alter the temps of this Agreement or materially increase the total amount to be paid under this Agreement. Any such change orders materially altering the terms of this Agreement or increasing the total amount to be paid under this Agreement in excess of $25,000, must be approved by resolution of the Milton City Council. 3.0 Independent Contractor 3.1. The Consultant is an independent Contractor_ The Consultant is not an employee, agent or representative of the City of Milton. i ne Consultant shall obtain and maintain, at the Consultant's expense, all permits, license or approvals that may be necessary for the performance of the services. 3.2 Inasmuch as the City of Milton and the Consultant are entities independent of one another, neither has the authority to bind the other to any third person or otherwise to act in any way as the representative of the other, unless otherwise expressly agreed to in writing signed by both parities hereto. The Consultant agrees not to represent itself as the City's agent for any purpose to any 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. 4.0 Indemnification The Consultant covenants and agrees to take and assume responsibility for the services rendered in connection with this Agreement. The Consultant shall bear 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 hold harmless the City, its officers, boards, coma-nissions, elected and appointed officials, employees from and against liability, judgments, damages, losses, and expenses, including but not limited to, reasonable attorney's fees, but only to the extent caused by the willful, negligent or tortious 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 indemniftration obligation set forth in this provision shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the Consultant or any sub -consultant under workers' or workmen's compensation acts, disability benefit acts or other employee benefit acts. This obligation to indemnify and defend the City, its members, officers, agents, employees and volunteers shall survive termination of this Agreement. 5_0 Insurance (1) Requirements: The Consultant shall have and maintain in full force and effect for the duration of this Agreement, insurance insuring against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Work by the: Consultant, its agents, representatives, employees or sub -consultants- All policies shall be subject to approval by the City Attorney to form and content_ These requirements are subject to amendment or waiver if so approved in writing by the City Manager. (2) Minimum Limits of Insurance: Consultant shall maintain limits no less than: (a) Comprehensive General Liability of $1,000,000 combined single limit per occurrence for bodily and personal injury, sickness, disease or death, injury to or destruction of property, including loss of use resulting there from. (b) Comprehensive Automobile Liability (owned, non -owned, hired) of $1,000,000 combined single limit per occurrence for bodily and personal injury, sickness, disease or death, injury to or destruction of property, including loss of use resulting there from. (c) Professional Liability of $1,000,000 limit for claims arising out of professional services caused by the Consultant's errors, omissions, or negligent acts. (d) Workers' Compensation limits as required by the State of Georgia and employers Liability limits of $1,000,000 per accident_ (3) Deductibles and Self -Insured Retentions: Any deductibles or self-insured retentions must be declared to and approved by the City. (4) Other Insurance Provisions: The policy is to contain, or be endorsed to contain, the following provisions: (a) General Liability and Automobile Liability Coverage. (i) The City, its officials, employees, agents and volunteers are to be covered as insured as respects: liability arising out of activities performed by or on behalf of the Consultant; products and completed operations of the Consultant; premises owned, leased, or used by the Consultant; automobiles owned, leased, hired, or borrowed by the Consultant. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officials, employees, agents or volunteers. (ii) The Consultant's insurance coverage shall be primary noncontributing insurance as respects to any other insurance or self-insurance available to the City, its officials, employees, agents or volunteers. Any insurance or self-insurance maintained by the City, its officials, employees or volunteers shall be excess of the Consultants 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 wham claim is made or suit is brought, except with respect to the limits of the insurer's liability. (v) Coverage shall be provided on a "pay on behalf' basis, with defense costs payable in addition to policy limits. There shall be no cross liability exclusion. (vi) The insurer agrees to waive all rights of subrogation against the City, its officials, employees, agents and volunteers for losses arising from work performed by the Consultant for the City. (vii) All endorsements to policies shall be executed by an authorized representative of the insurer. (b) Workers' Compensation Coverage. The insurer will agree to waive All rights of subrogation against the City, its officials, employees, agents and volunteers for losses arising from work performed by the Consultant for the City. (c) All Coverages. (i) Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled, reduced in coverage or in limits except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City - (ii) Policies shall havc 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 Hunted 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 (6) Verification of Coverage: Consultant shall finnish 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 kmuunce and endorsements shall be on a form utilized by Consultant's insurer in its normal course of business and shall be received and approved by the City prior to execution of this Agreement by the City_ The City reserves the right to require complete, certified copies of all required insurance policies, at any time. The Consultant shall provide proof that any expiring coverage has been renewed or replaced at least two (2) weeks prior to the expiration of the coverage. (7) Sub -consultants: Consultant shall include all sub -consultants as insured under its policies or shall furnish separate certificates and endorsements for each sub -consultant. All coverage for sub -consultants shall be subject to all of the requirements staged in this Agreement, including but not limited to naming the parties as additional insured, where applicable. (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) 01y as Additional Insured and Loss Payee: Excluding Professional Liability, the City, shall be named as an additional insured and loss payee on all policies required by this Agreement_ 6.0 Term; Termination The term of this Agreement shall be from October 22, 2013 and shall terminate absolutely and without further obligation on the part of the City on December 31, 2013 and on December 31 of any renewal year, as described herein, 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 of any year, shall automatically renew on January 1 of the following year, and further provided that this Agreement shall terminate without renewal upon the completion of the project as specified herein. Except as otherwise provided for in Exhibit "A", the City may terminate this Agreement upon a breach of any provision of this Agreement by Consultant and Consultant's subsequent failure to cure such breach within fifteen (15) days of receipt from the City of a written notice of the breach_ Title to any supplies, materials, equipment, or other personal property shall remain in the Consultant until fully paid by the City. 7.0 Compliance with All Laws and Licenses The Consultant must obtain all necessary licenses and comply with local, state and federal requirements. The Consultant shall comply with all laws, rules and regulations of any governmental entity pertaining to its performance under this Agreement_ $_0 Assignment The Consultant shall not assign or subcontract the whole or any part of this Agreement without the City of Milton's prior written consent_ 9.0 Amendments in Writing No amendments to this Agreement shall be effective unless it is in writing and signed by duly authorized representatives of the parties. 10.0 Expertise of Consultant Consultant accepts the relationship of trust and confidence established between it and the City, recognizing that the City's intention and purpose in entering into this Agreement is to engage an entity with the requisite capacity, experience, and professional skill and judgment to provide the services in pursuit of the timely and competent completion of the Work undertaken by Consultant under this Agreement. 11.0 Governing Law This Agreement shall be governed in all respects by the laws of the State of Georgia 12.0 Interpretation of Documents In the event of a conflict in language between this Agreement and any exhibit to this Agreement, the provisions most favorable to the City shall govern. 13.0 Entire Agreement This Agreement constitutes the entire Agreement between the parties with respect to the subject matter contained herein; all prior agreements, representations. statements, negotiations, and undertakings are suspended hereby_ Neither party has relied on any representation, promise, nor hiducenent not conWred heiein. 14.0 Waiver of Agreement The City's failure to enforce any provision of this Agreement or the waiver in a particular instance shall not be construed as a general waiver of any future breach or default. 15.0 Sovereign Immunity Nothing contained in this Agreement shall be construed to be a waiver of the City's sovereign immunity or any individual's qualified good faith or official immunities. 16.0 Notices All other notices, writings or correspondence as required by this Agreement shall be in writing and shall be deemed received, and shall be effective, when: (1) personally delivered, or (2) on the third day after the postmark date when mailed by certified mail, postage prepaid, return receipt requested, or (3) upon actual delivery when sent via national overnight commercial carrier to the Parties at the addresses given below, unless a substitute address shall first be furnished to the other Parties by written notice in accordance herewith: NOTICE TO THE CITY shall be sent to: City Manager City of Milton 13000 Deerfield Parkway, Suite 107F Milton, Georgia 30004 NOTICE TO THE CONSULTANT shall be sent to: Atkins North America, Inc. 1600 RiverEdge Parkway, Suite 600 Atlanta, Georgia 30328 Attn: John Boudreau 17.0 No Personal Liability No member, official or employee of the City shall be personally liable to the Consultant or any successor in interest in the event of any default or breach by the City or for any amount which may become due to the Consultant or successor or on any obligation under the terms of this Agreement. Likewise, Consultant's performance of services under this Agreement shall not subject Consultant's individual employees, officers or directors to any personal liability. The Parties agree that their sole and exclusive remedy, claim, demand or suit shall be directed andlor asserted only against Consultant or the City, respectively, and not against any employee, officer, director, or elected or appointed official.. 18.0 Employment of Unauthorized Aliens Prohibited (1) E -Verify 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 "D" and `W' (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 "D", 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 (IRCA), P.L. 99-603, O.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 O.C.G.A. § 13-10-91 and Rule 304-10-1-.02 by the subcontractor's execution of the subcontractor affidavit, the form of which is attached hereto as Exhibit "E", 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 Q.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 d_C_G.A. § 13-10-91.] 500 or more employees. 100 or more employees. Fewer than 100 employees. Contractor hereby agrees that, in the event Contractor employs or contracts with any subcontractor(s) in connection with this Agreement 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_ 19.0 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 10 Americans Arith 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 est, will not discriminate against any employee or applicant for assignees and successors in inter employment, any subcontractor, or any supplier because of race, color, creed, nationorigin, gender, age or disability. In addition, Consultant agrees to comply with all aPP"Cable implementing regulations and shall include the provisions of this Section 19.0 in every subcontract for services contemplated under this Agreement. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed by their duly authorized officers as of the [lay and year set forth next to each signature. [SIGNATURES ON THE FOLLOWING PAGE] SIGNED SEALED AND DELIVERED In the presence of: tartness [[ arporate Secretary should attest) Rene de los Rios, Assistant Secretary Print Dant tary Public [NOTARY SEAL} My Commission Expires: f 2Gi Zo17 SIGNED SEALED AND DELIVERED In the presence of: Witness Notary Public [NOTARY SEAL} My Carnmissiorn Expires., Atkins h Ameri a, Inc. Sign re Donna M. Huey Print Name Senior Vice President Title — — ,��aaaauraya� _.40' o L 1'l AAi;S [AFF1Y+CIC1'Rq gym, a x� S�'AL :a 4 ; 1900 •.�calt�v*.•` • �� MILTON CITY COUNCIL: .Joe Lockwood, Mayor L] 12 EXHIBIT "A" REQUEST FOR QUALIFICATIONS/SCOPE OF WORK HOME OF', HE BEST QUALITY OF LIFE iN GEORGIA' tvii-I etTON* ESTABLISH EID 2006 CITY OF MILTON REQUEST FOR QUALIFICATIONS (THIS IS NOT AN ORDER) RFQ Number. RFQ Title: 13-PWIO Preliminary Engineering for Crabapple Streetscape Transportation Enhancement Proiect (PI 0011675) . Due Date and Time: July 10, 2013 Number of Pages: 35 Local Time: 2:Wpm ISSUINGDEPARTMENT INFORMATION Issue Date: June 17, 2013 City of Milton Phone: 578-242-2500 Public Works Department Fax: 678-242-2499 13000 Deerfield Pkwy, Suite 107G Website: www.cityofmiltonza us Milton Ga. 30004 INSTRUCTIONS TO OFFERORS Return Proposal to: Mark Face of EnvelopelPackage: Authorized Offeror Signatory: Please print name and sign in ink RFQ Number: 13-PW10 City of Milton Name of Company or Firm Atter: Rick Pearce, Purchasing Office Special Instructions: 13000 Deerfield Pkwy Deadline for Written Questions Suite 107G June 28, 2013 Milton, Ga. 30004 Email questions to Rick Pearce at ric"earce(a7 cityofm iltonfza.us 3MPORTANT:,,SEEBTANDARD TERMS AND CONDITIONS .. . OFFERORS MUST CONRLETE'T E FOLLOWING... Offeror Name/Address- Authorized Offeror Signatory: Please print name and sign in ink Offeror Phone Number: Offeror FAX Number: Offeror Federal I.D. Number: Offeror E-mail Address: `OFFWORS MUST RETURN THIS. COVE R.SHEET WITH RFQ RESPONSE youm PHONE, 678.242.25001 FAX: 678.242.2499 rAs[ ' � � *Certified €nfo(Ocifyofmiffonga.us j www.cifyofrniitonga.us a`"m Commun�t $�J Ech;ctlF 13000 Deerfield Parkway. Suite 107 1 Milton GA 30004 2 1 RFQ i 3-PWIO TABLE OF CONTENTS Offeror's RFQ Checklist Disclosure Foran Proposal Letter Schedule ofEvents Section 1: Project Overview and Inskuctions Section 2: RFQ Standard Infonnation Section 3: Scope of Project Section 4: Offeror Qualifications Section S: Evaluation Criteria Section b: Standard Contract Inforfnation Standard Contract 31 RFQ i 3 -PW I O QFFEROWS RFQ CHECKUST The 10 Most Critical Things to Keep in Mind When Responding to an RFQ for the City of Milton 1 _ Read the entire docutnent. Note critical items such as: mandatory requirements; supplies/services required; submittal dates; number of copies required for submittal; funding amount and source; contract requirements (i.e., contract performance security, insurance requirements, performance andfor reporting requirements, etc.). 2. Note the procurement officer's name, address, phone numbers and e-mail address. This is the only person you are allowed to communicate with regarding the RFQ and is an excellent source of information for any questions you may have 3. Attend the pre -proposal conference if one is offered_ These conferences provide an opportunity to ask clarifying questions, obtain a better understanding ofthe project, or to notify the City of any ambiguities, inconsistencies, or errors in the RFQ. 4_ Take advantage of the "question and answer?' period. Submit your questions to the procurement officer by the due date listed in the Schedule of Events and view the answers given in the formal "addenda" issued for the RFQ. All addenda issued for an RFQ are posted on the DDAS website at hftp://ssl.doas.state.ga.us/PRSapp/PR,_iudexjsp and on the City's website at bttp:llwww.cityofiniltonga.us will include all questions asked and answered concerning the RFQ. 5. Follow the format required in the RFQ when preparing your response. Provide point -by - point responses to all sections in a clear and concise manner. 5. Provide complete answers/descriptions. Read and answer all questions and requirements. Don't assume the City or evaluation committee will know what your company capabilities are or what items/services you can provide, even if you have previously contracted with the City_ The submittals are evaluated based solely on the information and materials provided in your response. 7. Use the forms provided, i.e., cover page, sample budget form, certification forms, etc. 8. Check the website for RFQ addenda_ Before submitting your response, check the DDAS website at http://ssl.doas.state.ga.us/PRSupp/PlUndex.isp and the City website at http://www.cityofmiltonga.us_to see whether any addenda were issued for the RFQ. if so, you must submit a signed cover sheet for each addendum issued along with your RFQ response. 9. Review and read the RFQ document again to make sure that you have addressed all requirements. Your original response and the requested copies must be identical and be complete. The copies are provided to the evaluation committee members and will be used to score your response. 10_ Submit your response on time. Note all the dates and times listed in the Schedule of Events and within the document, and be sure to submit all required items on time. Late submittal responses are never accepted. This checklist is provided for assistance only and should not be submitted with Qfferor's Response 41 R.=c a PW 10 HOME of THE BEST C�1ALff1 OF_.!! GEORG` AA I LTON'k tDz CITY OF NULTON DISCLOSURE FORM MUST BE RETURNED WITH PROPOSAL This form is for disclosure of campaign contributions and family mernber relations with City of Milton officials/employees- Please complete this form and return as part of your RFQ package when it is submitted_ Name of Offeror Name and the official position of the Milton Official to whom the campaign Contribution was made (Please use a separate farm for each official to whom a contribution has been made in the past two (2) y-) List the dollar amount/value and description of each campaign contribution made over the past two (2) years by the Applicant/Opponent to the named Milton Official. Amount(Value Description Please list any family member that is currently (or has been employed within the last 12 months) by the City of Milton and your relation: 5 1 RFC i3-P°Vg10 HOME OF JE GEST CJA fTY OF LIFE IN GE®RG:a' MILTON It ESTABLISHED 2006 RFQ# 13-PWIO PROPOSAL LETTER (Offeror to sign and return with proposal) We propose to furrkish and deliver any and all of the deliverables and services named in the Request for Qualifications (RFQ) — Preliminary Engineering for Crabapple Stireetscape Transportation Enhancement Project (PI 0011675)_ It is understood and agreed that we have read the City's specifications shown or referenced in the RFQ and that this proposal is made in accordance with the provisions of such specifications_ By our written signature on this proposal, we guarantee and certify that all items included meet or exceed any and all such City specifications_ We further agree, if awarded a contract, to deliver goods and services which meet or exceed the specifications. The City reserves the right to reject any or all proposals, waive technicalities, and informalities, and to make an award in the best interest of the city_ PROPOSAL SIGNATURE AND CERTIFICATION I understand collusive bidding is a violation of State and Federal Law and can result in fhes, prison sentences, and civil damage awards. I agree to abide by all conditions ofthe proposal and certify that I am authorized to sign for my company. I further certify that the provisions of the Official Code of Georgia Annotated, Sections 45-10-20 et seq. have not been violated and will not be violated in any respect. Authorized Signature Date Print/Type Print/ Type Company Mame Here 6 1 t FQ 13-PWIO SCHEDULE OF EVENTS F1tiM6NU1 RFQ Issue Date Deadline for Receipt of Written Questions Posting of Written Answers by City to Websites M 1 i DATE June 17, 2013 5 PM on June 28, 2013 on or about duly 3, 2013 No Later than 2 PM on July 10 2013 NOTE: PLEASE CHECK THE CITY WEBSITE (http:fJwww.£ityofmiltonga.os) OR THE DOAS WEBSITE (http:llssl.Boas.state.ga.us/PRSapp/PR_indea.jsp) FOR ADDENDA AND SCHEDULE UPDATES. 71 RFQ 13 -PW 10 SECTION 1: PROJECT OVERVIEW AND INSTRUCTIONS 1.0 BACKGROUND AND STATEMENT OF INTENT The City of Milton is requesting submittals from prequalified Georgia Department of Transportation consultants for the preliminary engineering phase of Crabapple Streetscape Transportation Enhancement (TE) Project (PI 0011675). All Offerors must comply with all general and special requirements of the RFQ information and instructions enclosed herein. The City intends to select a consultant through the Qualification Based Selection process. The selected consultant will work with and coordinate with Georgia Department ofTransportation and the City of Milton Public Works Department throughout the life of the project. Selected firm will be expected to provide services in accordance with the nrniect schedule established by the City of Milton. 1,1 SINGLE POINT OF CONTACT From the date this Request for Qualifications (RFQ) is issued until an offeror is selected, offerors are not allowed to communicate with any City staff or elected officials regarding this procurement, except at the direction of Rick Pearce. Any unauthorized contact may disqualify the offeror from further consideration. Contact information for the single point of contact is as follows: Procurement Office: Rick Pearce Address: 1.3000 Deerfield Parkway, Suite 107G, Milton, GA 30004 Telephone Number: 678-242-2511 E-mail Address: rickpeance@cityofiniltonga.us 1.2 REQUIRED REVIEW A. Review M. Offerors should carefully review the instructions; mandatory requirements, specifications, standard terms and conditions, and standard contract set out in this RFQ and promptly notify the procurement office identified above via e-mail of any ambiguity, inconsistency, unduly restrictive specifications, or error which they discover upon examination of this RFQ. B. Form of Questions. Offerors with questions or requiring clarification or interpretation of any section within this RFQ must submit their questions in writing via email to the procurement office referenced above on or before 5 PM on dune 28, 2013. Each question must provide clear reference to the section, page, and item in question. Questions received after the deadline may not be considered. C. City's Answers, The City will provide an official written answer to all questions on or about July 3. 2013. The City's response will be by formal written addendum. Any other form of interpretation, correction, or change to this RFQ will not be binding upon the City. Any formal written addendum will be posted alongside the posting of the RFQ at http:/Iwww.cityofmiltonga.us or http://ssl.doas.state.ga.us/PRSapp/PR,_index.isp. 8 1 RFQ i 3-?VVi O Offerors must sign and return any addendum with their RFQ response. D. Standard Contract. By submitting a response to this RPQ, offeror agrees to acceptance of the City°s standard contract. Much ofthe language included in the standard contract reflects requirements of state law_ Requests for exceptions to the standard contract terms, or any added provisions must be submitted to the procurement office referenced above by the date far receipt of written/e-mailed questions or with the offerors KFQ response and must be accompanied by an explanation of why the exception is being taken and what specific effect it will have on the offeror's ability to respond to the RFQ or perform the contract_ The City reserves the right to address non material, minor, insubstantial requests for exceptions with the highest scoring offeror during contract negotiation. Any material, substantive, important exceptions r ques and granted to the standard terms and conditions and standard contract language l will all addressed in any formal written addendum issued for this RFQ and will app y offerors submitting a response to this RFQ. E. Mandato R= ments_ To be eligible for consideration, an offeror must meet the intent of all mandatory requirements. The City will determine whether an offeror's RFQ response complies with the intent of the requirements. RFQ responses that do not meet the full intent of all requirements listed in this RFQ may be subject to point reductions during the evaluation process or may be deemed non-responsive. 1.3 Reserved 1.4 SUBNjn-MG A PROPOSAL Offerors must organize their proposal into sections that fallow the following format. A. Submittal Reu &ments. Proposals shall include the following: 1. City of Milton request for proposal cover page (information entered and signed: first page of this document) 2. City of Milton Disclosure form (signed) 3_ City of Milton Proposal letter (information entered) 4. Technical Proposal: Each Technical Proposal Shall be: a. Maximum of twenty 20 single sided pages (ten pages if double -sided) b. Minimum of 11 point font c_ Stapled or spiral -bound. No binders Each Technical Proposal Shall Contain: no lar a. Cover letter - introductory remarks and proposal summary - ger than two pages. b. Work Plan - Describe the firm's plans to provide the requested services - a narrative description of the proposed methodology to be used to accomplish the required tasks. Provide a schedule to complete all of the required tasks. 9 { RFQ 13-PW10 c. Background and Experience, Related Projects and References 1. Include a brief history of your firm, a list of any proposed subconsuitants, accompanied by their staff resumes, experience, and a description of the work they are proposing to provide on this project. 2. Description of -past and current projects or contracts similar to this project, including the degree of involvement of your firm and/or personnel assigned to the project. Note any projects that involved GDOT or TE funds. 3. Include names, titles, and all contact information for clients for whom your firm has performed similar work. 5. Applicable Addenda Acknowledgement Forms (if necessary) B. Failure to CoWly with Instructions. Offerors failing to comply with these instructions may be subject to point deductions. The City may also choose to not evaluate, may deem non-responsive, and/or may disqualify from further consideration any proposals that do not follow this RFQ format, are difficult to understand, are difficult to read, or are missing any requested information- C. nformation C. Co ies Required and Deadline for Receipt of Pro sals. One original and two (2) copies of each proposal (plus a CD) should be provided to the City. Proposals most be received at the receptionist's desk in Suite 107G prior to 2:00 PM, local tune, July 10, 2013. Emailed responses to re nests for proposals are not acceptable. Proposals will be opened at approximately 2:05 pm and names of offerors will be announced. D. Late Proposals. Regardless of cause, late proposals will not be accepted and will automatically be disqualified from further consideration. It shall be the ofTeror's sole risk to assure delivery to the receptionist's desk at the designated office by the designated time. Late proposals will not be opened and may be returned to the offeror at the expense of the offeror or destroyed if requested. 1.5 OFFEROR'S CERTIFICATION A. Understanding of 5vecifications and Requirements. By submitting a response to this RFQ, offeror agrees to an understanding of and compliance with the specifications and requirements described in this RFQ. B. Offer in Effect for 120 Days. A proposal may not be modified, withdrawn or canceled by the offeror for a 120 -day period following the deadline for proposal submission as defined in the Schedule of Events, or receipt of best and final offer, if required, and offeror so agrees in submitting the proposal. 1.6 COST OF PREPARING A PROPOSAL A. City Not Responsible for Preparation Costs. The costs for developing and delivering responses to this RFQ and any subsequent 10 ] REQ I a -PW 10 presentations of the proposal as requested by the City are entirely the responsibility of the offeror. The City is not liable for any expense incurred by the offeror in the preparation and presentation of their proposal. B. All Timely Submitted Materials Become City Property. All. materials submitted in response to this RFQ become the property of the City of Milton and are to be appended to any formal documentation, which would further define or expand any contractual relationship between the City and offeror resulting from this RFQ process. I 7 14FC, 13-F-V' ; SECTION 2. RFQ STANDARD INFORMATION 2.0 AUTHORITY This RFQ is issued under the authority of the City of Milton. The RFQ process is a procurement option allowing the award to be based on stated evaluation criteria. The RFQ states the relative importance of all evaluation criteria. No other evaluation criteria, other than as outlined in the RFQ, will be used. 2.1 OFFEROR COMPETITION The City encourages free and open competition among offerors. Whenever possible, the City will design specifications, proposal requests, and conditions to accomplish this objective, consistent with the necessity to satisfy the City's need to procure technically sound, cost- effective services and supplies. 2.2 RECEIPT OF PROPOSALS AND .PUBLIC INSPECTION A. Public Information. All information received in response to this RFQ, including copyrighted material, is deemed public information and will be made available for public viewing and copying after the time for receipt of proposals has passed, and the award has been made, with the following four exceptions: (1) bona fide trade secrets meeting confidentiality requirements that have been properly marked, separated, and documented; (2) matters involving individual safety as determined by the City of Milton, (3) any company financial information requested by the City of Milton to determine vendor responsibility, unless prior written consent has been given by the offeror; and (4) other constitutional protections. B. Procurement_ Officer Review of Proposals. Upon opening the proposals received in response to this RFQ, the procurement office will review the proposals and separate out any information that meets the referenced exceptions in Section 2.2(A) above, providing the following conditions have been met: 1. Confidential information is clearly markers and separated from the rest of the proposal - 2. An affidavit from an offeror's legal counsel attesting to and explaining the validity of the trade secret claim is attached to each proposal containing trade secrets. Please contact Rick Pearce for additional. information. Information separated out under this process will be available for review only by the procurement office, the evaluation committee members, and limited other designees. Offerors must be prepared to pay all legal costs and fees associated with defending a claim for confidentiality in the event of a "right to know" (open records) request from another party. 2.3 CLASSIFICATION AND EVALUATION OF PROPOSALS A. Initial Classification of Pr000sals as Responsive or Nonresponsive. Proposals may be found nonresponsive at any time during the evaluation process or contract negotiation, if any of the required information is not provided; the submitted price is found to be excessive or inadequate as measured by criteria stated 12 j RFQ 13 -PW 10 in the RFQ; or the proposal is not within the specifications described and required in the RFQ. If a proposal is found to be nonresponsive, it will not be Considered further. B. Determination ofRe_sgo iaiUility. The procurement office will determine if an offeror has met the standards of responsibility. Such a detexmination may be made at any time during the evaluation process and through contract negotiation if information surfaces that would result in a determination of nonresponsive_ C_ Evaluation offtmals. The evaluation committee will evaluate the remaining proposals and recommend whether to award the contract to the highest scoring offeror or, if necessary, to seek discussiontnegotiation in order to determine the highest scoring offeror_ All responsive proposals will be evaluated based on stated evaluation criteria. In scoring against stated criteria, the City may consider such factors as accepted industry standards and a comparative evaluation of all other qualified RFQ responses. These scores will be used to determine the most advantageous offering to the City. D. Completeness. of Proposals. Selection and award will be based on the offeror's proposal and other items outlined in this RFQ. Submitted responses may not include references to information located elsewhere, such as Internet websites or libraries, unless specifically requested. Information or materials presented by offerors outside the formal response or subsequent discussion/negotiation, if'requested, will not be considered, will have no bearing on any award, and may result in the offeror being disqualified from further consideration. E. {Qpport mjU for Discussivn/Negotiation apolor Oral PresentationlProduct Demonstration. After receipt of all. proposals and: prior to the determination of the award, the City may initiate discussions with one or more: offerors should clarification or negotiation be necessary. Offerors may also be required to make an oral presentation and/or product demonstration to clarify their RFQ response or to further define their offer. In either case, offerors should be prepared to send qualified personnel to Milton, Georgia to discuss technical and contractual aspects of the proposal. Oral presentations and product demonstrations, if requested, shall be at the offeror's expense. F. Evaluation Committee Recommendation for Contract Award. The evaluation committee will provide a written recommendation for contract award. G. Request for Documents Notice. Upon concurrence with the evaluation committee's recommendation for contract award, the procurement officer may issue a "Request for Documents Notice" to the highest scoring offeror to obtain the required insurance documents, contract performance security, and any other necessary documents. Receipt of the "Request 13 1 P=ct 13 -PW 10 for Documents Notice" does not constitute a contract and no work may begin until a contract signed by all parties is in place. H. Contract Negotiation. The procurement officer and/or city department representatives may begin contract negotiation with the responsive and responsible offeror whose proposal achieves the highest score and is, therefore, the most advantageous to the City. If contract negotiation is unsuccessful or the highest scoring offeror fails to provide necessary documents or information in a timely manner, or fails to negotiate in good faith, the City may terminate negotiations and begin negotiations with the next highest scoring offeror. 1. Contract Award. Contract award, if any, will be made to the highest scoring offeror who provides all required documents and successMy completes contract negotiation_ 2A RIGHTS RESERVED While the City has every intention to award a contract as a result of this REQ, issuance of the RFQ in no way constitutes a commitment by the City of Milton to award and execute a contract. Upon a determination such actions would be in its hest interest, the City, in its sole discretion, reserves the right to: I . Cancel or temainate this RFQ, 2. Reject any or all proposals received in response to this RFQ, 3. Waive any undesirable, inconsequential, or inconsistent provisions of this RFQ which would not have significant impact on any proposal, 4_ Not award if it is in the best interest of the City not to proceed with contract execution; or 5. If awarded, terminate any contract in accordance with the terms and conditions of the contract if the City determines adequate funds are not available_ 14 j RFQ 13-F41`t10 SECTION 3: SCOPE OF PROJECT 3.0 PROJECT LOCATION a � PROPOSED ROADWAYS ? Craeawy L R c _ _ i a - _ Bl[rL 1Ld i The projects proposed as part of the City's TE application include sidewalk along Mid Broadwell Road, Charlotte Drive and Mayfield Road and decorative lighting along Mayfield Road, Broadwell Road and Birmingham Highway. The exact scope will be determined with the concept report once cost estimates are prepared to determine the amount of work that can be completed within the budget- The budget for this project is $500,000 for construction- These projects are in line with the Crabapple Visioning Study, the Milton Comprehensive Transportation Plan, and planned transportation related projects in the area including Safe Routes to School and Intersection Improvements- The following tasks shall be included in the scope of -work: 3.1 GENERAL SCOPE OF SERVICES 1. It shall be the consultant's responsibility to design, prepare, assemble and coordinate the necessary documents to complete the project. The completed design must comply with all applicable local, state, and federal environmental laws and regulations. 2. This is a federal funded project that will follow the Georgia Department of Transportation's Plan Development Process. The design must comply with the latest Americans with Disabilities Act (ADA) requirements and the Georgia Department of Transportation's Standard Specifications for the preparation of roadway construction plans. 3. Consultant and/or subconsultants shall be GDOT prequalified in areas 1-06a —1.06g (environmental), 3.13 (pedestrian), 3.15 (lighting), and 5.01 (surveying) a - _ Bl[rL 1Ld i { �SM1 .a a � - ... (�'siw�ii7Y.q si'•p W-dy Nil 0, - sciHll .[s yq0 ' 1F;Q &alYl.dl'RC". �ti G a 9R8 rr f -s:.R P.4�R R S:Rpw _ LOCATION MAP The projects proposed as part of the City's TE application include sidewalk along Mid Broadwell Road, Charlotte Drive and Mayfield Road and decorative lighting along Mayfield Road, Broadwell Road and Birmingham Highway. The exact scope will be determined with the concept report once cost estimates are prepared to determine the amount of work that can be completed within the budget- The budget for this project is $500,000 for construction- These projects are in line with the Crabapple Visioning Study, the Milton Comprehensive Transportation Plan, and planned transportation related projects in the area including Safe Routes to School and Intersection Improvements- The following tasks shall be included in the scope of -work: 3.1 GENERAL SCOPE OF SERVICES 1. It shall be the consultant's responsibility to design, prepare, assemble and coordinate the necessary documents to complete the project. The completed design must comply with all applicable local, state, and federal environmental laws and regulations. 2. This is a federal funded project that will follow the Georgia Department of Transportation's Plan Development Process. The design must comply with the latest Americans with Disabilities Act (ADA) requirements and the Georgia Department of Transportation's Standard Specifications for the preparation of roadway construction plans. 3. Consultant and/or subconsultants shall be GDOT prequalified in areas 1-06a —1.06g (environmental), 3.13 (pedestrian), 3.15 (lighting), and 5.01 (surveying) a i { a � - - sciHll .[s i? i sn.+or G�we iR' � • S:Rpw The projects proposed as part of the City's TE application include sidewalk along Mid Broadwell Road, Charlotte Drive and Mayfield Road and decorative lighting along Mayfield Road, Broadwell Road and Birmingham Highway. The exact scope will be determined with the concept report once cost estimates are prepared to determine the amount of work that can be completed within the budget- The budget for this project is $500,000 for construction- These projects are in line with the Crabapple Visioning Study, the Milton Comprehensive Transportation Plan, and planned transportation related projects in the area including Safe Routes to School and Intersection Improvements- The following tasks shall be included in the scope of -work: 3.1 GENERAL SCOPE OF SERVICES 1. It shall be the consultant's responsibility to design, prepare, assemble and coordinate the necessary documents to complete the project. The completed design must comply with all applicable local, state, and federal environmental laws and regulations. 2. This is a federal funded project that will follow the Georgia Department of Transportation's Plan Development Process. The design must comply with the latest Americans with Disabilities Act (ADA) requirements and the Georgia Department of Transportation's Standard Specifications for the preparation of roadway construction plans. 3. Consultant and/or subconsultants shall be GDOT prequalified in areas 1-06a —1.06g (environmental), 3.13 (pedestrian), 3.15 (lighting), and 5.01 (surveying) 15 E RFC 13--PW3O d. At a minimum, the following standards shall be utilized for the project: a. Georgia Department of Transportation (GDOT) Design Policy Manual (current edition), and applicable addenda_ b. Georgia Department of Transportation (GDOT) Standards and Specifications (current edition), and applicable addenda_ c. AASHTO Standards, latest edition and applicable addenda, including Design of Pavement Structures, Policy on Geometric Design of Highways and Streets, Roadside Design Guide, and applicable addenda. d. Manual on Uniform. traffic Control Devices (MUTCD) current edition, and applicable errata_ e. City of Milton Code of Ordinances. SPECIFIC SCOPE OF SERvi10ES The consultant shall prepare a GDOT approved concept report, an approved cnvironmcntal document for a categorical exclusion (CE), a complete set of final plans, and right of way plans for this project. Public involvement may be required as part of environmental clearance and final plans. There are several federally funded projects within the study area and the city will provide all data available related to environmental resources and survey information. PHASE I - CONCEPT REPORT A concept report must be completed and approved by GDOT. The concept report documents the scope of the work to be completed using the awarded TE construction funds of $500,000_ Consultant shall review project locations identified in the City's TE application and recommend proposed locations within the project budget_ The consultant's recommendation shall meet the goal of connecting the existing Crabapple Area pedestrian network to the City of Alpharetta's existing sidewalk on Mid Broadwell Rd (east of Charlotte Drive). The concept report is used by the GDOT to communicate information about the proposed TE project. This communication makes various offices within GDOT aware of the project, its significant design features, and its relationship to the State Highway system. This information is critical to assure that proposed improvements to the State transportation system are implemented in a coordinated manner. A concept meeting is optional and is held at the discretion of the City and the GDOT TE Project Manager. For minor projects within or crossing GDOT ROW, the GDOT TE Project Manager, the consultant, and the City will discuss the need for the concept meeting to decide whether a concept meeting will be held. For projects outside GDOT ROW, a concept meeting may still be. necessary if there are important issues, such as utilities, railroads, or wetlands. The consultant is responsible for coordinating the concept meeting. The GDOT TE Project Manager will assist the consultant in identifying the appropriate GDOT staff to be invited to the meeting. At the meeting, the consultant should present the project concept and respond to questions. A draft concept report should be available prior to the concept meeting. Following the meeting, the consultant should work with the GDOT TE Project Manager to resolve outstanding issues and questions. 16 1 lel =Q 13 -PW i 0 The consultant will revise the concept report as appropriate and submit it to the GDOT TE Project Manager for review and approval. The concept report should be approved before submission of the environmental documents. PHASE H - ENVMONMENTAL CLEARANCE All TE projects are required to comply with the National Environmental Policy Act of 1969 (NEPA). Environmental compliance requires documentation of the TE project environmental effects and review by applicable Stats and Federal agencies. Since TE projects are designed to enhance the transportation system, most TE projects do not have significant adverse environmental impacts. Therefore, compliance and review will usually be accomplished using a Categorical Exclusion (CE) finding. Section 106 of the National Historic Preservation Act of 1956 requires all Federal agencies to consider ways to avoid or mitigate the adverse effects on historic properties whenever a federally funded project affects such properties. To implement this requirement, every TE project must be reviewed by the Department of Natural Resources, Historic Preservation Division (HPD). The HPD will have additional involvement in every project affecting historic resources. The HPD must be kept informed throughout all preconstruction and construction activities. The consultant should consult with the HPD during the earliest stages ofproject development_ The HPD staff will arrange a site visit to evaluate the project's historic resources and will guide the consultant through the Section 105 review process. The HPD staff can be contacted at 404-656-2840. A response from the HPD indicating that the TE project has no effect or no adverse effect must be received before the CE can be submitted for approval. The Section 106 review process takes approximately 45 days. The Consultant should complete the TE Project CE formE, sign it, and subunit it to the GDOT Project Manager for appropriate review and approval by the Federal Highway Administration. The City cannot proceed with property acquisition and construction work until the CE has been approved. The CE review and approval process takes approximately 30 days. Section 4(i) of the Department of Transportation Act of 1956, now codified as 49 U.S.C. Section 303 (also 23 U.S.C. 138), requires that projects using funds from the U.S. Department of Transportation avoid the use of land of a public parte, recreation area, wildlife or waterfowl refuge, or historic site unless there is no prudent and feasible alternative and the project includes all possible planning to minimize harm to the resource. The Federal Highway Administration has developed guidance on meeting the Section 4(f) requirements for TE projects in a very efficient and straightforward manner. if this project has involvement with lands protected by Section 4(f), consultant will coordinate with the GDOT Project Manager for assistance_ The CE cannot be approved until the Section 4(f} requirements have been satisfied. As part of the environmental phase of project development, the consultant should allow the general public the opportunity to comment on the proposed TE project. The consultant should hold or offer the opportunity for an informal public meeting, public information meeting, or public hearing. If six months have passed since the approval of the CE, an Environmental Validation Form must 17 k RFQ 3a- PV'0=0 be completed before TE funds can be authorized for either ROW or CST work. If the scope of work or ROW requirements has changed or if the environmental studies are not accurate based on current conditions. then an Environmental Reevaluation Form must be completed. The appropriate form should be completed and submitted to the GDOT TE Project Manager. PHASE III - COMPLETE DESIGN PLANS Consultant is responsible for furnishing the design and engineering services for preparation of preliminary plans, final construction plans, and for all matters related to the relocation of utilities. As part of the design phase, the consultant should consider allowing the public the opportunity to review and comment on the proposed design of the TE project. General and specific design criteria are found in the various GDOT approved design guidelines. The consultant must insure that the project meets GDOT design standards; the GDOT Standard Specifications for the Construction of Transportation Systems, 2001 Edition; applicable American Association of State Highway and Transportation Officials (AASHTO) Guidelines; and Americans with Disabilities Act (ADA) requirements and guidelines. Information on applicable design standards and specifications, the ADA, and requirements for plans for landscaping and for pedestrian and bicycles facilities is included in the Appendix. The consultant is expected to follow GDOT plan format as described in the Plan Presentation Guide. For projects not on the State Highway System (Off -System projects), the GDOT Project Manager will review the design plans. For Off -System projects involving bridges or retaining walls, the Office of Bridge Design will also review the design plans. The following review process is used for Off -System TE projects_ 1. The consultant will submit one copy of the 90% preliminary design plans for review by the GDOT TE Project Manager. The GDOT TE Project Manager will submit comments to the Sponsor within three weeks. One additional set of plans is needed if the HPD has requested an opportunity to review the 40% plans. The HPD has 30 days to review the plans. For projects having bridges or retaining wails, two additional sets of plans are needed for review by the GDOT Office of Bridge Design. The Bridge Office has six weeks to review the plans. 2. `lime consultant will submit to the GDOT TE Project Manager one set of revised plans after considering comments from previous reviews. Two additional sets are required if the Office of Bridge Design made comments on the original plans. The GDOT TE Project Manager will review and return the plans with comments within three weeks of the submittal date. The Bridge Office has six weeks to review the revised plans. The review cycle will be repeated until all reviewing offices have approved the plans. 3. The consultant will submit three sets of final construction pians to the GDOT Project Manager for formal approval. PHASE IV - RIGHT-OF-WAY PLANS The consultant shall prepare final right-of-way plans for the project using survey information. The consultant shall use the right-of-way checklist as shown in the GDOT'S Manual of Quality Standards for Consultant. Services, current edition, to complete the right of way plans_ Prior to submittal of right of way plans to GDOT, the consultant shall submit one (1 ) set of prints of the preliminary right-of-way plans to the City for review and comment. The consultant shall 18 { RFQ 13 -PW 10 revise the preliminary right-of-way plans in accordance with the City's comments and submit one (1) set of prints of the revised preliminary right -of --way plans along with the previously marked up prints for the City's review and comment- This process may take several iterations before the preliminary right-of-way plans can be approved to be submitted to GDOT. When the right-of-way plans are approved by the City and GDOT, they will become brown as Final Right -of -Way plans. The consultant shall be responsible for ensuring that the right -of way and construction plans reflect the current property, property owners, topography, and terrain data through the Final Right -of -Way plans approval. The consultant shall submit to the City in an electronic format dwg files and OUT files for each parcel for the City's use. The consultant shall stake all existing and right—of ! :gray anchor easement along the entire project limits and for each parcel where right of way or easement is required upon written "Notice to Proceed" by the City on this specific task. Notice to Proceed may be issued upon the City's approval of the right ofway plans. Right of way staking shall be completed in accordance with the following procedures: A. REQUIRED RIGHT-OF-WAY POINTS Place 60 penny nails with red flagging at all required right-of-way break points_ Place {Q penny nails with blue flagging at all property line intersections with the required right-of-way_ A guard stake shall be placed next to each point denoting the identification of the point_ Red flagging shall be placed on each guard stake. 1. Guard stakes shall read: "REQ'D R/ W" on one side of stake and should show the station and offset on the other side. 2. The maximum distance between right of way, property line, and easement stakes shall be 250 feet. Intermediate stakes may be required to achieve the distance. The location of the adjacent points (each side) shall be clearly visible from any given point. Flagging may be used as required to make this possible. B. EXISTING RIGHT-OF-WAY POINTS Wooden stakes shall be placed at all existing right-of-way points or existing easement points. Stakes at these points shall read: "EXIST R/W" or "EXIST EAS" on one side of the stake and shall show the station and offset on the other side. These stakes shall be flagged with white ribbon. NOTE: Do not place nails at existing right-of-way points. C. CONSTRUCTION EASEMENTS POINTS All easement break points shall be staked using wooden guard stakes flagged with yellow ribbon. The words "CONST EAS" shall be shown on one side of the stake and the station and offset shall be shown on the other side. Temporary driveway easements shall also be staked. D. STAKING ACCURACY The same survey accuracy standards apply for right-of-way staking as are defined in the Data Base Preparation Phase_ All points staked will be based on State Plane Coordinates_ No surface coordinates will be used. The consultant shall only revise the final right-of-way plans if approved or directed by the City and GDOT. The consultant shall expeditiously make all changes to the final right-of-way plans due to changes in the design only if requested to do so in writing by the City and GDOT. 19 1 R;Q 1 F'W 10 SECTION 4: OFFEROR QUALIFICATIONS 4.0 CITY'S RIGHT TO INVESTIGATE The City may make such investigations as deemed necessary to determine the ability of the offeror to provide the supplies and/or perform the services specified. 4.1 OFFEROR INFORMATIONAL REQUIREMENTS Fimns interested in providing the services described in this RFQ should be able to demonstrate experience in the areas described in Section 3. 20 1 R -Q , 3-PVV I If SECTION 5: EVALUATION CRITERIA 5.0 EVALUATION CRITERIA The evaluation committee will review and evaluate the offers according to the following criteria: • A selection team for the City will initially evaluate and score all technical proposals received - Proposals not meeting the minimum technical requirements and those who are non-responsive will not be considered. Proposal Evaluation Criteria • References, Background and Related Project Experience 60% + Work Plan 40% 21 j RFGr i 3 -FAN 110 SECTION 6: STANDARD CONTRACT INFORMATION 6.0 STANDARD CONTRACT The City's standard contract is attached to this document as Appendix A. Offerors should notify the City of any terms within the standard contract that either preclude them from responding to the RFQ. This notification must be made by the deadline for receipt of written/e-mailed questions or with the offeror's RFQ response. Any requests for material, substantive, important exceptions to the standard contract will be addressed in any formal written addendum issued by the procurement officer in charge of the solicitation- The City reserves the right to address any non -material, minor, insubstantial exceptions to the standard contract Ivith the highest scoring offeror at the time of contract negotiation. 6.1 ADDITIONAL CONTRACT PROVISIONS AND TERMS This RFQ and any addenda, the offeror's RFQ response, including any amendments, a best and final offer, any clarification question responses, and any negotiations shall be included in any resulting contract. The City's standard contract, attached as Appendix A, contains the contract terms and conditions which will form the basis of any contract negotiated between the City and the highest scoring offeror. The contract language contained in Appendix A does not define the total extent of the contract language that may be negotiated. In the event of a dispute as to the duties and responsibilities of the parties under this contract, the contract, along with any attachments prepared by the City, will govern in the same order of precedence as listed in the contract. 6.2 SUBCONTRACTORS The highest scoring offeror will be the prime consultant if a contract is awarded and shall be responsible, in total, for all work of any subcontractors_ All subcontractors, if any, must be listed in the proposal. The City reserves the right to approve all subcontractors_ The Consultant shall be responsible to the City for the acts and omissions of all subcontractors or agents and of persons directly or indirectly employed by such subcontractors, and for the acts and omissions of persons employed directly by the Consultant. Further, nothing contained within this document or any contract documents created as a result of any contract awards derived from this RFQ shall create any contractual relationships between any subcontractor and the City. 6.3 GENERAL INSURANCE REQUIREMENTS See sample contract. 6.4 COMPLIANCE WITH WORKERS' COMPENSATION ACT The Consultant is required to supply the City of Milton with proof of compliance with the Workers' Compensation Act while performing work for the City. Neither the Consultant nor its employees are employees of the City. The proof of insurance/exemption must be received by the City of Milton within 10 working days of the Request for Documents Notice and must be kept current for the entire term of the contract. CONTRACTS WILL NOT BE ISSUED TO VENDORS WHO FALL TD PROVIDE THE REQUIRED DOC]MWTATION W1TMN THE ALLOTTED TIME FRAME. 6.5 COMPLIANCE WITH LAWS The Consultant must, in performance of work under this contract, fully comply with all applicable 22 1 RFQ 13-PWI Q federal, state, or local laws, rules and regulations, including the Civil Rights Act of 1964, the Age Discrimination Act of 1975, the Americans with Disabilities Act of 1990, and Section 504 of the Rehabilitation Act of 1973. Any subletting or subcontracting by the Consultant subjects subcontractors to the same provision. The Consultant agrees that the hiring of persons to perform the contract will be made on the basis of merit and qualifications and there will be no discrimination based upon race, color, religion, creed, political ideas, sex, age, marital status, physical or mental disability, or national origin by the persons perfomning the contract. 6.6 CONTRACT TERMINATION See sample contract_ 23 1 RFQ i 3-FYV i ii STANDARD CONTRACT Included of Reference Only City reserves the right to make changes to this contract PROFESSIONAL SERVICES AGREEMENT I3 PWIO This Ag) eement made and entered into this day of , in the year 2013, by and between The City of Milton, Georgia (sometimes referred to herein as the "City'), having its principle place of business at 13000 Deer'ie& Parkwgjv Suite 107G, Milton GA 30004 and ,U7CYX ("Consultant') having its principle place of business at XXXVa WHER A the City issued a Request for Proposals (I3-PWIO X=), to solicit firms to provide design services, and WHEMS4 based upon Consultant's hid to provide 1= services as required by the hid documents, the City has selected Consultant as the winning bidder, and Wf LEREAS, Consultant has agreed to perform such work as set forth in this Agreement, according to the terms and conditions provided in this Agreement; and WHEREAS, Consultant has familiarized itself with the nature and extent of the Contract Documents, the Project, and the Work, with all Iocal conditions and federal, state and local laws, ordinances, rules and regulations in any manner that may affect cost progress or performance ofwark, and Consultant is aware that he must be licensed to do business in the State of Georgia NOW THEREFORE, the City and Consultant, in consideration ofthe mutual promises contained herein and other good and valuable consideration, the sufficiency of -which is hereby acknowledged, agree as follows: 1.0 Contract Documents This Agreement and the following named Exhibits, attached hereto and incorporated herein by reference, constitute the "Contract Documents": E MBIT A SCOPE OF WORKIREQUEST FDR PROPOSAL EXHIBIT B FEE SCHEDULEIRESPONSE TO RFQ EXHIBIT C INSURANCE CERTIFICATE EXHIBIT D CONSULTANT AFFIDAVIT EXHIBIT E SUBCONSULTANT AFFIDAVIT EXHIBIT F SAYE AFFIDAVIT To the extent that there may be any conflict among the Contract Documents, the provision operating most to the benefit of the City shall govern. 2.0 Scope of Work, Compensation 24 1 RFC 13 -PW 10 2.1 The Consultant agrees to provide all Services specified in Exhibit "A. " 1n addition to the tasks required by Exhibit "A " the Consultant shall provide a X CM.. No payments will be made for unauthorized work Invoices should be submitted to Rick Pearce, 13000 Deerfield Parkway, Milton GA 30001, for approval. Payment will be sent to the designated address by U S Hail only, payment will not be hand -delivered. 2.2 City agrees to pay Consultant for the services performed and costs incurred by Consultant upon the City's certfcation 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 fee of YXUff (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 to 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. 2.3 The City reserves the right to order changes in the Work to be performed under this- Agreement hisAgreement by altering, adding to, or deducting from the Work All such changes shall be incorporated in written change orders executed by the Consultant and the City. Such change orders shall speck the changes ordered and any necessary adjustment of compensation and completion time. If the Parties cannot reach an agreement on the terms for performing the changed work within a reasonable time to avoid delay or other unfavorable impacts as determined by the City in its sole discretion, the City shall have the right to determine reasonable terms and the Consultant shall proceed with the changed work 2.4 Any work added to the scope of this Agreement by a change order shall be executed under all the applicable conditions of this Agreement. No claim for additional compensation or extension of time shall be recognizeg unless contained in a written change order duly executed on behalf of rhe City and the Consultant. 2.5 The City Manager has authority to execute without further action of the Milton City Council, any number of change orders so long as their total effect does not materially alter the terms of this Agreement or materially increase the total amount to be paid under this Agreement: Any such change orders materially altering the terms of this Agreement or increasing the total amount to be paid under this Agreement in excess of $5, 000, must be approved by resolution of the Milton City Council. 3.0 Independent Contractor 3.1. The Consultant is an independent Contractor. The Consultant is not an employee, agent or representative of the City of Milton. The Consultant shall obtain and maintain, at the Consultant's expense, all permits, licenses or approvals that may be necessary for the performance of the services. 25 j RFtQ 13-PVV 10 3.2 Inasmuch as the City of Milton and the Consultant are entities independent of one another, neither has the authority to bind the other to any third person or othenvise 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 fidl liability for any contracts or agreements the Consultant enters into on behalf of the City of Milton without the express knowledge and prior written consent of the City. 4.0 Indemnification The Consultant ca ver,anIS and agrees to take and assume vii 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 indemnto 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 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 ogending act is caused in part by a party indemnijIed 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 he limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the Consultant or any sub -consultant under workers' or workmen's compensation acts, disability benefit acts or other employee benefit acts. This obligation to indemnify and defend the City, its members, officers, agents, employees and volunteers shall survive termination of this Agreement. 5.0 Insurance (I) 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 ifso approved in writing by the City Manager. (2) Minimum Limits oflnsurance: Consultant shall maintain limits no less than: (a) Comprehensive General Liability of $I,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 therefrom (b) Comprehensive Automobile Liability (owned, non-owned, hired) of $l, 000,000 combined single limit per occurrence for bodily and personal injury, sickness, disease or death, injury to or destruction of property, including loss of use resulting there from. (c) Professional Liability o. f $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 $I, 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) : ity. (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 Conwhani, premises owned, leaser,; 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 noncontribtaing 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. (N)Coverage shall state that the Consultant's insurance shall ripply separately to each insured against whom claim is made or suit is brought except with respect to the limits ofthe insurer's liability. (v) Coverage shall be provided on a pay on behal' 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 far losses arising from work performed by the Consultant far the City. {vii) All endorsements to policies shall be executed by an authorized representative of the insurer. (b) Workers' Com enation Covera e. 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 far the City. (c) All Coverages. 27 1 RFQ 43 -PW 10 (i) Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended= voided canceled, reduced in coverage or in limits except after thirty (30) days prior written notice by certified mail return receipt requested, has been given to the City. (ii) Policies shall have concurrent starting and ending dates. (iii) Policies shall include an endorsement incorporating the Indemnification obligations assumed by the Consultant under the terms of this Agreement including but not limited to Section 4 ofthis Agreement. (5) Acceptability of Insurers: Insurance is to be placed with insurers with an A.M. Bests'rating of no less than A: VII (6) Veri ication of Cove Mge__ 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 he 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. (I) Sub -consultants: Consultant shall include all sub -consultants as insured under its policies or shall furnish separate certificates and endorsements for each sub -consultant. All coverage for sub -consultants shall be subject to all of the requirements stated in this Agreement, including but not limited to naming the parties as additional insured (8) Claims -Made Policies: Consultant shall extend any claims -made insurance policy for at least six (6) years after termination or final payment under the Agreement, whichever is later. (9) Cia 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. 60 Term; Termination The term of this Agreement shall he from April 10, 2012 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 April 1, 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. The City may terminate this Agreement for convenience by providing at least thirty (30) days prior written notice of such 28 1 RFQ 13 -PW 10 termination to Consvitant. Title to arty supplies materials, equipment, or other personal property shall remain in the Consultant until fully paid by the City. 7.0 Compliance with All Laws and Licezrses The Consultant must obtain all necessary licenses and comply with local, state and federal requirements. The Consultant shall comply with all laws, rules and regulations of any governmental entity pertaining to its performance under this Agreement. 8.0 Assignment The Consultant shall rant assign or subcontract the whole or any part of this Agreement without the City of Milton's prior written consent_ 9.0 Amendments in Writing No amendments to this Agreement shall be effective unless it is in writing acrd signed by duly authorized representatives of the parties- 10.0 arties10.0 Expertise of Consultant Consultant accepts the relationship of trust and confidence established between it and the City, recognizing that the City's intention and purpose in entering into this Agreement is to engage an entity with the requisite capacity, experience, and professional skill and judgment to provide the services in pursuit of the timely and competent completion of the Work undertaken by Consultant under this Agreement. 11.0 Governing Law This Agreement shall be governed in all respects by the Imus of the State of Georgia. 12.0 Interpretation of Documents In the event of a conflict in language between this Agreement and any exhibit to this Agreement, the provisions most favorable to the City shall govern. 13.0 Entire Agreement ement between the parties with respect to the subject This Agreement constitutes the entire Agre matter contained herein; all prior agreements, representations, statements, negotiations, and undertakings are suspended hereby Neither party has relied on any representation, promise, nor inducement not contained herein. 14.0 Waiver of Agreement The City's failure to enforce any provision of this Agreement or the waiver in a particular instance .shall not he construed as a general waiver of any. future breach or default. 15.0 Sovereign Immunity Nothing contained in this Agreement shall be construed to be a waiver of the City's sovereign immunity or any individuaI's qualified good faith or official immunities. 16.0 Notices All other notices, writings or correspondence as required by this Agreement shall be in writing and shall be deemed received, and shall he effective, when- (1) personally delivered, or (2) on 29 ] R 13 -PW 10 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 CI:TYshall be sent to: Cit), Manager City of AfIIton 13000 Deerfield Parkway, Suite 107F Milton Georgia 30004 NOTICE TO THE CONSULTANT shall be sent to Attn: 17.0 No Personal Liability No member, official or employee of the City shall be personally liable to the Consultant or any successor in interest in the event of any default or breach by the City or for any amount which may become clue 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 andlor asserted only against Consultant or the City, respectively, and not against any employee, officer, director, or elected or appointed official. 18.0 Employment of Unauthorized Aliens Prohibited (1) E- Kefi& Affidavits It is the policy of the City of Milton that unauthorized aliens shall not be employed to perform work on City contracts involving the physical performance ofservices. Therefore, the City shall not enter into a contract for the physical performance of services within the State oj-Georgia, unless the Consultant shall provide evidence on City provided forms, attached hereto as Exhibits "D" and "E" that it and Consultant's sub -consultants have within the previous twelve (12) month period conducted a verification of the social security numbers of all employees who will perform work on the City contract to ensure that no unauthorized aliens will be employed. The City Manager or his/her designee shall be authorized to conduct an inspection of the Consultant's and Consultant's subcontractors' verification process to determine that the verification was correct and complete. The Consultant and Contractor's subcontractors shall retain all documents and records of its verification process for a period of three (3) years following completion of the contract. This requirement shall apply to all contracts for the physical performance of services where more than three (3) persons are employed on the City contract. The City Manager or his/her designee shall further be authorized to conduct periodic inspections to ensure that no City Consultant or Consultant's sub -Consultant employ unauthorized aliens on City contracts. By entering into a contract with the City, the Consultant and Consultant's subcontractors agree to cooperate with any such investigation by making its records and personnel available upon reasonable notice for inspection and questioning. inhere a Consultant or Consultant's sub -consultant are found to have employed an unauthorized alien, the City Manager or his/her designee may order the Consultant to terminate or require its sub- 30 1 RFC 13-M 10 Consultant to terminate that person's employment immediately and to report same to the Department of Homeland Security. The Consultant's failure to terminate the employee, or otherwise cooperate with the investigation may be sanctioned by termination of the contract. and the Consultant shall be liable for all damages and delays occasioned by the City thereby. Compliance with the requirements ofO. C G.A. § 13-10-91 and Rule 300-10-1-.02 is mandatory. Consultant agrees that, in the event the Consultant employs or contracts with any sub- consultant(s) in connection with this Agreement, the Consultant will secure from the sub,- consultant(s) such sub -consultant (s ) indication of the alcove employee -number category, that is applicable to the subcontractor Consultants compliance with the requirements of a C. G.A. § 13-10-91 and Rule 300-10-1-- 02 shall be attested by the execution of the consultant's affidavit attached as Exhibit "D. " The above requirements shall be in addition to the requirements of State and federal law, and shall be construed lobe in conformity with those laws. (2) SAVE Affidavit and Secure Verifiable Document Pursuant to O. C G A. § 5036-1, the City must obtain a SAYE Affidavit and a secure and verifiable document evidencing the Consultant's Iegal status in the Country each time that Consultant obtains a public benefit, including any contract, from the City. Consultant hereby verifies that it has, prior to executing this Agreement, executed a SAYE Affidavit (to be sworn under oath cinder criminal penalty of false swearing pursuant to Q.C. G.A. §16-10-71), a form of which is attached hereto as Exhibit "F", and submitted such affidavit to the City in person electronically, or by mail. Further, Consultant verifies that it has, prior to executing this Agreement, submitted a secure and verifiable document, evidencing the Consultant's legal status, to the City either in person or electronically (in compliance with the Uniform Electronic Transactions Act). Consultant verifies that it is in compliance with the Residency Status of an Applicant for Public Benefit, as required by the Georgia Security and Immigration Compliance Act (O.C.G.A. §50-36-1). The above requirements shall be in addition to the requirements of State and federal law, and shall be construed to be in conformity with those laws. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed by their duly authorized officers as of the day and year set forth next to each signature_ [SIGNATURE ON THE FOLLOWING PAGE] 31 j P, FO 13-PiN 10 WE Its: President & CEO [AFFMCORPORATE SEAL] SIGNED, SEE- nil AND DELIVERED in the Presence of. Witness Notary Public [NOTARY SEAL] My Commission Expires: CITY OF AM TON 0 Its: [CIITY SEAL) 32 } Rr-Q 13 -PW 10 =1131T "A" SCOPE OF WORIUREQUEST FOR PROPOSAL EXHIBIT "B" FEE SCHEDULE/RESPONSE TO RFQ EXHIBIT "C" INSURANCE CERTIFICATE 34 1 RFC 13 -PW 10 STATE OF GEORGIA CITY OFAHLTON SUBCONTRACTOR AFFIDAVIT By executing this affidavit, the undersigned subcontractor veries its compliance with Q. 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 tMUM on behatf of the City of Milton has registered with and isparticipating in a federal work authorization program, in accordance with the applicability provisions and deadlines established in QC G. A. § 13-10=91_ EE / Basic Pilot Program User 1`dentifrcation Number BY.- Authorized Officer or Agent Date Subcontractor Name Title of Authorized macer or Agent of Subcontracior Printed Name ofAuthorized Q#ker or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE DAY OF , 201 Notary Public My Commission Expires: 35 1 ?FQ 3 3-F-Wi 0 STATE OF GEORGIA C177OF NHLTON EXHIBIT "F„ SAVEAFFIDAVIT By executing this affidavit under oath, and as an applicant far a public benefit, as referenced in O C G A. § 50-36-1, from the City of Milton, the undersigned applicant 'ver fes one of the following with respect to my application for a public benefit: 1) I am a United States citizen. 2) I am a legal permanent resident of the United States_ 3) lam a qualified alien or non-immigrant under the Federal Immigration and Nationality Act with an alien number issued by the Department of Homeland Security or other federal immigration agency. My alien number issued by the Department of Homeland Security or other federal immigration agency is--- The s_The undersigned applicant also .hereby verifies that he or she is 18 years of age or older and has provided at least one secure and verifiable document, as required by O:C.G A. § 50-36-1(e)(1), with this affidavit: The secure and verifiable document provided with this affidavit can best be classified as: In making the above representation under oath, I understand that any person who knowingly and willfully makes a false, fictitious, or fraudulent statement or representation in an affidavit shall be guilty ofa violation of O.C.C. A. § 16-10-20, and face criminal penalties as allowed by such criminal statute. Executed in (city), (state). Signature of Applicant Printed Name of Applicant SUBSCRIBED AND SWORN BEFORE ME ON THIS THE DAY OF , 20 NOTARYPUBLIC My Commission Expires: EXHIBIT L4S" RESPONSE TO BID/FEE SCHEDULE AT K N S rW.ra, M� iL�.1F.-[rE:�CPaK,��y; Ril,<_utree.� �hdrltT7.770.9xxn�n wyYn.MtlCii'n ]1o!?d.SPI1V1Ydf�€Idr1YLYKd Se%ember 4.2D 19 Mr. roaster :jxr ; PE DircM: of PaWir'Wo ttg Cite Of kliftorr 13003 Dearlis:d Pa mvdy, Rate i GAG E iltorr. GA 3000-1 Re: Prq"91 fur Ptetiraunary planang and Enpmeerirva Sesvires for thr Crabapple 51ree4r L Trarlspana6M Erdrarrc-e� Ptoject {Pr 0411675) A&- 99 aPFit PraAPS ftle QPWVWnily to S.. Tdl tdsV-Vuyd $Drzhc Re*-bary ij*'n Erl*ccr•ig 3" ry ':Bsttrtrb-_Cr toppe'SSrL� TsZtR�16r1£ts7-i p��cl. AMtr ' piWe%sinrll: TKINS Ta31t i - Streetscape m asler pian 1 GnFsd lCt an ir1t131 k okof# r1 rjti,vi1Fr spc rsC r €ia#id kw steer t,a dery w rev nor pnv-it�t sa3pa. 2 Gr lea ex stng rAev;rr,t arse data Fnd pr6vious p Kris ci the GW alar. T-3 ArrFFry,, dirt n9 date or tr alfl ratans ani iitir+r3 nn r'49 pral7f7C erev-� m the �.rea r a e at.arant cbv rrwrrr rev Wiization ©'fans 2-W prpipr�rod arca C macre f,r{ri tv mA! "ble :il'IJr L—, Pati on pr4jeat 'flag --Er FAA- tltx.irgv,- 1 -S Ct,rvsr rt a v Salol Or ate I jgpu lusr, arni p, to denta[bsw ei ps �. ptbj} $ projet Oc rerrraOf 4G Of ally laSk- rnapfs i e -ad GthPd supporE 9i' 1 Marx re'rr'R¢ r> - a S6tws ,n rd rB;,`Dmrr t Pwas L, •haste -plan aha cao: ceptua ealtrZatC V umsiw crr wsi of ttr prop&srd w Mty-apa en'rGrY,-ements fur 1#10 P4gvn.! k -,its. '.5 =a ft-laihe fkstpublic input mooting during w -*b aspwii of f+E r-CpOWd Sft-e,scaW hNAF.,- Mar wif- ce presenlad a, id rSb�,.nL,*,gA 2nd hput attt a PC ie rauOnig into p!dormi dirertn and prof .r.! p[crifi@S. i 9 FvI the City 111111 prep~,rk g Famine qu•mdors itwW monkey:- to gwrrir *Ud t -un the :z,mmurnly, vo Sum La etrize am rtnricw coon tnUnify input v: Ili ONy prCier{ rr er floor the prcic: rneetfry wld , rKno survey. f}aWis5 rna�OBI a!9n and constrarbu•r rr,st estimate basad ar anrmv-*y rq�,A Task la -- concept roporj Saftdion the C,ty 1r PT—Pri p••7arites t'orldfrad In 1hu Streets,=6f94tar p�n AW i4o-mmon c>fa�irle[i ham s7e p Ihli: Input fl -09tlW a'td on. 1110 surveys. Afkbiis wilt prepa�o tfrs Urgerq Pa =BL --p1 rsjmrt. TaSkS may Eactuue: 2.1 R ODWO a carr -epi p,in and typino sovlions it usvauig ptt pDFjQu design &a-aurs and irnits of wmk surround -rip tha corridor. 22 DevWon ans refhR the preliminary, order of mx.^ni{thae, -,�= asfyy,dW for the proud sal.,raon. 2.3 C.nndt ct a des gn rEMa.v %work Sasso 1vk1. Cltj siarr and key s-_kof-o dre,b. 2.€ Present sireetscapa :mprc%r0MMha and fiml ro L-vFFw-wWz-js to City !eras. =a PreWire r,"raft o-tfa CO "CON f"sxrrl regLwod by GQd?. 2.6 Submit rim oamoept report to City arxi Goo r for review. 2-7 Rc-.POW 10 G1703 camrrenm and raa.brit t0 dAair GDOT app-y;-ej Anure tasks r- are tasks aa'eYicl l=d e+1h the Chy of MRan CrHha;apta Strommnq prtje01 x11 7r1�il (L, a detailed 3uPicy 0 lora rsjht-,Jl-My. toDogrWhy, an8? gXiStirlt) fewLrm to Ih= wwpy arna; r irironmunI„-J doom ®nitilon; preparation u, pratlminwy oo."tructic•e dravkIRg. rgtr ai :ray pa' -m, and firal consmxtivn [lams: aro mftr tas<s as r.4:; 11 Rwr,, t)y t)c appmietl projcc caxept report. AT K I N S Project scie-duce 144 Ir _d I anal: xkh U- Ul; al :+ion gs nrr s a rrwJWWY agree..apz;n ! oogeaLi e, late 7l a-, yq� *: I take fttkxb&iznr I", W ewmmke'I-PerGDOT oGmis It ries ar'(I g4vrwa1 p -C4: ns: hrnt mss. ih s prcem i; rat ra3h a e€x ca rol fdey tt� s, plcaG4, Ir.� j,_,. t r .ji t -v t one . Ere a lle aA*' kx3 svC OW -nit- vr;r srxvt In ens, n~ that pro1w. doxil.noe ara m el. Plemse; €ef� %aiirq w2 eciv-4&3E for f N- Km" on 7 Street apy pr.D1ect. Prefessimal fee Alk r<sx4 PWde j-0 abCyt for -he to cm [rig lum c :_NT- fabs: Falk i - e-mmpe luster pkm: $17,76U.00 Pk:s expenses estimated at: $750 -OD Task ii - Corcppx Pkpo& 59 58tr,oU eslirnaled at- SS6U.t3Q TOW Proposed Lutiy Sam Flee � M.501A0 VA.4 RLwIlk ym fzr M epporkw ty to grs>i63 the City of FA Ilan wiNj th s p-uXns:,l. We kirk fd iwd to --kkQ --El r+o€.i aced the My to Erjcnessfnily aorrplel^ ti .0 �Crabarpla Sir�tsrpg Tf-2rm adatrn=r1-arMfrr-t p•aL-:A. S•rr.Id ya�e hale a €y queaticns c r®giijo ad it'karue i'bxhn-' WL j T;w Ju not nuC iUu to contmi rig ar 77C'-833.4780 or a3` an -ail st 3oh€tttns�_�.� Jat•-JfJ. Br -,A- , RLA S rill+br'scter, Panrng :sid L�rK:sc:xu3 Rrrirt�ctu•p No Text FixthrX&I Qualifications for Professional Design Services —City of Milton Preliminary Engineering for Crabapple Streetscape Transportation Enhancement July 10, 2013 Plan Design Enable Contents City of Milton RFQ Cover Page ii City of Milton Disclosure Form iii City of Milton Proposal Letter iv Technical Proposal A Cover letter - 1 B Work Plan 3 C Background and Experience 1. Firm, Subconsultants, and Staff 11 2. Past and Current Project Information 18 3. References 19 Atkins I Preliminary Engineering for Crapappfe 5treetscape TE Project E OF ' -ti= BES] G4JALir' OF L2FE 'NA- i tT0 f LISHED 2006 Qualifications for City of Mifton J ii CITY OF MILTON REQUEST FOR QUALIFICATIONS cnmi IS NOT AN ORDER) RFQ Number: RFQ Title: 13-PWIU Prelindnary Engineering for Crabapple 5treetscape Transportation Enhancement Project I 001167 Due Date and Time: July 10, 2013 Number of Pages: 35 Local Time: 2:00unx ISSUING DEPARTMEW INFORMATION - Issue Date: June 17, 2013 City of Milton Phone: 678-242-2500 Public Works Department Fax: 678-242-2499 13000 Deerfield Pkwy, Scaife 107G Website: w3w.citvofm_iiton%a.us Milton Ga. 30404 Deadline for Written Questions INSTRUCTIONS TO OFFERORS Return Proposal to: Mark Face of Envelope/Package oriz Signatory; RFQ Number: 13-PW10 City of Milton Name of Company or Firm. Attn: Rick Pearce, Purchasing Office Special Instructions: 13000 Deerfield Pkwy Deadline for Written Questions Suite 107G .June 28, 2013 Milton, Ga. 30004 Exuail questions to Rick Pearce at Offeror E-mail Address: nick. arc ci ofn lton a.us IMPORTANT:. SE.E.-STANDARD TERMS; AND C0NDlT10NS . ..... . 0FFER0RS.MU9T COMPLETE THE FOI TOWING Offeror Name/Address: oriz Signatory; Atkins North America, Inc. 1600 RiverEdge Parkway, Suite 600 Jo n 13o eau, Senior Croup Manager Atlanta, GA 30328 tint name and sign in ink) Offeror Phone Number: ❑ eror FAX Number: 770.933.0284 0.933.0691 Offeror Federal I.D. Number: Offeror E-mail Address: 59-0896138 "ohn_boudreau ins lobal.com OFFRRORS, AVST RETURN THIS COVER SHEET'S rr14 RFQpESpONSE . PHONE: 678.242.2500 ! FAX: 678.242.2499 Grden 4v * Cemf k info®ci ofmilton o,us www.ci ofmiiton o.us Community C` "t fY 9 ! fY 9 Ethics t �nnn n�,�e eaav ne svx m s.ar-,Mny: :.,, sB1d-P�rSpata�cr5ui#�1Q7 4 1us�lF�_n Cs�x �p(y��._ �.fau�r�enu�...__ �}►X� Atkins j Preliminary Engineering for Crapapple Streetscape 7E Project Qualifications for City of Milton J iii HOME OF 'Tr iE LAS € QfIJk! ii f OF b E IN sr=. kGA, M I tTO N*t FSTABLISHFD 77 Cfi'Y OF MILTON DISCLOSURE FORINT MUST BE RETURNFD WITH PROPOSAL This form is for disclosure of campaign contributions and family member relations with City of Milton officialss'employees. Please complete this form and return as part of your RFQ package when it is submitted. Name of Offeror Atkins North erica, Inc. Name and the o c' position of the Milton Official to whom the campaign contribution was made (Please use a separate form for each official to whom a contribution has been made in the past two (2) Years.) NIA Inst the dollar amount/value and description of each campaign contribution made over the past two (2) years by the Applicant/Opponent to the named Milton Official. ArnountfValue Description NIA Please list any family member that is currently (or has been employed within the last 12 months) by the City of Milton and your relation: NIA Atkins I Prerrminary Engineering for Crapapple Streetscap2 TE Project Qualifications for City of Milton [ 1v HOME OF .- {_ OES1 C:jiz:_lr7 C3F LIFE IN GEORGIA' M1 LTON ESTAS Ll5 H F Q Rl;Q# 13-PWIO PROPOSAL LETTER (Offeror to sign and return with proposal) We -propose to finnish and deliver any and all of the deliverables and services named in the Request for Qualifications (RFQ) — Preliminary Engineering for Crabapple Sipe Transportation Enhancement Project (PI 0011675). It is understood and agreed that we have read the City's specifications shown or referenced in the RFQ and that this proposal is made in accordance with the provisions of such specifications. By our written signature on this proposal, we guarantee and certify that all items included meet or exceed any and all such City specifications. We further agree, if awarded a contract, to deliver goods and services which meet or exceed the specifications. The City reserves the right to reject any or all proposals, waive technicalities, and informalities, and to make an award in the gest interest of the city. PROPOSAL SIGNATURE AND CERTIFICATION I understand collusive bidding is a violation of State and Federal Law and can result in fines, prison sentences, and civil damage awards. I agree to abide by all conditions of the proposal and certify that I am authorized to sign for my company. I further certify that the provisions of the Official Code of Georgia Annotated, Sections 45-10-20 et. seq. have not been violated and will not be violated in any respect. Authozized Signatur�� Ave�4,lt • Date July 8, 2413 FrinuType Name (_LoU Boudreau, RLA, Senior Group Manager PrinVrype Company Name Here Atkins North America, Inc. Atkins I Preliminary Engineering for Crapapple Streetscape TE Project July 10, 2013 City of Milton Attn- Rick Pearce, Purchasing Office 13000 Deerfield Pkwy Suite 107G Milton, GA 30004 Atkins North America, Inc. 1600 RiverEdge Parkway, Suite 600 Atlanta, Georgia 30328 Telephone: +1.770.933.0280 www.atkinsgiobal.com/nQrthamerica Re: RFQ for Preliminary Engineering for Crabapple Streetscape Transportation Enhancement Project (PI 4011675). Dear Mr_ Pearce: Atkins appreciates the opportunity to submit this statement of qualifications and proposal for the Preliminary Engineering for the Crabapple streetscape Transportation project. For more than six decades, Atkins North America, Inc. (formerly P05&J) has been committed to deliver the highest level of professional services in a timely and cost effective manner. We understand the Crabapple Streetscape project will be financed through Transportation Enhancement funds. We understand that the City of Milton has the challenge to meet the needs of all of its residents in a safe, attractive, and environmentally sensitive manor while staying accountable to the community to use the funding wisely. Atkins has assembled a multidisciplinary team with the technical expertise, local knowl- edge, and commitment to provide quality and oast effective design solutions to assist the City of Milton to meet and exceed this challenge. The Atkins team includes engineers, landscape architects, surveyors, and construction administration personnel that are committed to ensure the success of this project. Joining the Atkins team as a subconsuitant is Womack / Lumsden and Associates LLC. Mr_ William Womack, PE, LEER AP, will act as lead electrical design engineer with over 35 years of experience. He has completed numerous streetscape and urban design projects throughout metro Atlanta and is well qualified to perform the full range of services required for City of Milton Crabapple streetscape project. Our submittal highlights our qualifications and experience in more detail. Atkins' project team offers the City of Milton the following benefits: Loral Commitment Atkins is invested and committed to City of Milton and the community. We propose a team of professionals that is located minutes from the City of Milton offices. We offer local knowledge and relationships as well as the ability to provide City staff with the personalized service they have come to expect from its consultant team. Outstanding service and breadth of resources Atkins has assisted municipal clients in meeting project challenges by providing the strengths of a multidisr cipIinary team, resources of a large engineering firm, and the responsiveness and service of a local office. Atkins' high volume of repeat business of 90 percent is a refection of our sincere commitment to client service. Our team of professionals, many of whom are recognized both locally and nationally as leaders in their fields of expertise, work together to provide complete clients services, from project initiation to project closeout. Our site streetscape and urban design experience throughout the southeast will benefit the City of Milton through our ability to deliver quality work that is creative, implementable, and cost effective. ATKINS Atkins' record of past performance Arians North America, Inc. 1600 RwetEdge Parkway, Suite 600 Atlanta, Georgia 30328 Telephone: +1.770.933.0280 www.atkinsgioW.coin/northarnerica The Atkins team selected for this project has led and completed numerous Transportation Enhancement proj- ects throughout the state of Georgia. We are frequently informed by our dients and contractors that our plans are consistently clearer and easier to understand than plans prepared by our competitors, which is a result of our constant push toward a high level of quality in all that we do_ Our related experience demonstrates Atkins urian design and streetscape qualifications. Our reputation is built upon quality service and a spirit of partner- ship we foster with our clients, regulators, and the public_ We thank you for the opportunity to share with you our team qualifications as they relate to this important project and look forward to discussing the project with you further. Should you have any questions or require additional information, please do not hesitate to contact me at 770.933.0280 or by email at john.boudreaug atkinsglobal.com. We look forward to discussing the Crabapple Streetscape project with you further. Sincere J D. Boudreau, RLA Group Manager, Planning and Landscape Architecture john. boudrea u@atkinsg lobal .corn Technical Proposal B - Work Plan Atkins has successfully completed numerous TE enhancement projects through the Georgia Department of Transportation (GIGOT) Plan Development Process and is very familiar with addressing both aesthetic and engineering issues associated with community enhancement projects of similar to the Crabapple 5treetscape Project- Atkins' past success is due, in part, to our strong approach to project management and our multidisciplinary in-house resources. Although many individuals will contribute their expertise to the project through the Atkins team, one point of contact ---the Atkins project manager ---will orchestrate the project from start to finish and will provide the community with continuity that is required to successfully complete the project improvements. Our Atlanta office has had over 30 years of completing and continues to successfully complete urban design projects in locations throughout the southeastern united States. Atkins shall design, prepare, assemble, and coordinate the necessary documents to complete the project. The completed design shall comply with all applicable local, state, and federal environmental laws and regulations including the GDOTs Plan Development Process, The latest Americans with Disabilities Ad (ADA) requirements, and the GDOT's Standard Specifications for the preparation of roadway construction plans. Atkins and its team is GDOT prequalified in areas 1.06a — 1.06g (environmental), 3.13 (pedestrian), 3.15 (lighting), and 5,01 (surveying) and at a minimum, the following standards shall be utilized for the project • GDOT Design Policy Manual (current edition), and applicable addenda. • GDOT Standards and Specifications (current edition), and applicable addenda. • AASHTO Standards, latest edition and applicable addenda, including Design of Pavement Structures, Policy on Geometric Design of Highways and Streets, Roadside Design Guide, and applicable addenda. • Manual on Uniform traffic Control Devices (MUTCD) current edition, and applicable errata. • City of Milton Code of Ordinances. Atkins Project Procedures • Project management. Atkins project manager, Mr. John Boudreau will monitor the progress of the project in-house using our Oracle software to track cost and hourly records to keep the proiect on schedule and on budget. Monthly progress reports will be submitted to the City throughout the life of the project, detailing the summary of work completed and the work anticipated for the next month, identifying action items, and updating the project schedule. These reports 411 coincide with the billing period_ • Meetings. Atkins understands the importance to maintain regular and frequent progress meetings. It is our intent to have scheduled progress meetings with the City of Milton project manager to review the current goals, objectives, and priorities that have been established and to assure that project stays on course and schedule. In addition, the purpose of the meetings will be to keep communication open throughout the entire design process and to discuss potential impacts, critical design solutions, and to receive future direction and input from the project manager and community. • Submittals. Interim submittals reflecting the progress of the project will be delivered to the City at the conceptual master plan stage, concept report, and at the 35, 60, and 90 percent construction document completion milestones. These submittals shall contain the information required by the GDOT-PDP guideline. • Quality control process. Atkins will utilize a five- step quality control (QC) review process which ensures that no document is delivered to a client without first being reviewed for completion and quality by a fellow professional. Responsible review participants include the lead technical professional (LTP) and the quality control reviewer (QCR). The process requires that the QCR must he qualified to have performed the work themselves. Following completion of a document and prior to delivery, the LTP stamps the document with a QC tracking stamp and initials the stamp showing the plans/documents as being ready for the QC review. The QCR then reviews the documents and marks proposed corrections or changes in red on the document, and then initial the tracking stamp showing the plans have been reviewed. After this step, the LTP and the QCR meet together to go over the proposed revisions at which point the LFP can Atkins I Preliminary Engineering for Crapapple 5treetscape TE Project Technical Proposal either concur with the changes or explain why the original is correct and ready for delivery. The LTP then initials the stamp showing concurrence. After any changes are completed as agreed to during the meeting, the LTP again s'sgms off an the plans indicating the changes have been made and that the plans or documents are once again ready for the QCR to verify that the required changes have been made and that the plans are ready for delivery_ Atkins QCR will be directed to pay particular attention to the constructability of the design and any bidding issues with the documents. Mr. Ronald Morris, a registered professional engineer with over 29 years of tranportation design experience with the Atkins Atlanta Office will he assigned the task of QCR for this project. Atkins Commitment Atkins' ability to perform successfully on this project is based on the experience and qualifications of our project team, our willingness to adapt to each project situation, and our commitment to client satisfaction. It is our desire to serve the City of Milton and to provide the highest level of service. As we have demonstrated on our past projects, Atkins will respond accordingly if we are Selected for this project by adhering to three principal requirements - Sufficient Staff Atkins proposes to complete the project from our Atlanta office with additional support from our teaming partners. The Atkins team offers an advantage of being able to provide a depth of additional staff resources to handle a diverse array of project requirements should they arise. Ability to Work Effectively Atkins will assign the appropriate individuals to the project and schedule assignments so each team member is available for work tasks when needed. We will also use our advanced project cost accounting system to monitor labor and direct costs on a weekly basis. Our ability to efficiently and effectively perform projects is evidenced by our history of completing projects on time and within budget. Commitment of Resources Commitment of resources is critical for accomplishing the work. Atkins makes this submittal with the understanding that our staff and equipment will be available to accomplish the work according to established Qua Iiiicat ors fc.r :_ � f ;. d timetables. Atkins will assign additional staff from within our team if needed to accomplish the work within the required schedule. Our current workload projections indicate continued financial stability, yet shove sufficient capacity to handle this contract for the City of Milton_ All members of our project team will be fully available on notice -to -proceed and will be committed to the proposed projects throughout their duration. Project Start -Up Upon receiving a notice to proceed, at the project kick- off meeting Atkins proposes to review the City and Community vision, goals, and objectives for the project. In addition Atkins will review with the City, a detailed work plan and the proposed schedule for the project - This may include discussing the known issues/concerns; review the details of the work plan and budgets, discuss existing relevant information from the City andfor current planning documents; finalize the timeline and Critical dates of the project schedule; determine the number and types of meetings; formats for deliverables; and agree on the implementation strategies. We will discuss the proposed timeline and the details for the City review and approval process. We will accept the staff input and begin discussions on the approved project budget, utility needslconditions, and review the required permits and the process for securing the permits. It is Atkins' intention to work closely with City during start-up to identify key "critical success factors" that will help this project achieve your desired outcome. We will begin by working closely with the City's project manager to identify specific issues while discussing various problem -solving approaches and phasing of the project. We are sensitive to the project schedule and will develop a clear understanding of critical path factors, programmatic issues, and existing site conditions with the City project manager and staff. --- ...— -- --------- -- --- . Atkins f Preliminary Engineering for Crapapple Streetscape TE Project Technical Proposal Phase I - Concept Report Task IA - Conceptual Faster Plan Through our streetscape and design experience, we believe that each community should have a unique sense of place and identity that is distinctively its own. Streetscape elements such as pedestrian scaled lights, paving materials, street trees, landscape planting, benches, trash receptacles, and other landscape amenities can help in reinforce a community's identity. Through our role in the Fulton County Program Management Services, we were active participants in the review and coordination of the streetscape design improvements at the intersection of Crabapple and Birmingham Highway. We understand that significant improvements have been implemented and realize that the Crabapple Streetscape Transportation Enhancement project is proposed to build upon the existing improvements. To determine the extent of the proposed Crabapple streetscape improvements, Atkins proposes to develop an overall Conceptual Master Plan for the project limits that are identified in the RFQ. The Conceptual Master Plan will help define the cost of the proposed improvements as well as assist the City in determining project priorities. With input from the community, Atkins will assist the City in prioritizing the proposed improvements for the Crabapple Streetscape project. 0 u r Master Plan design and phasing recommendations will be based on a thorough understanding of the existing site corridor, the Community and City input that has been received, and our past experience with similar streetscape projects with limited construction budgets. Atkins will prepare a preliminary estimate of construction costs that will assist the community in maximizing the use of available funding, set priorities for the streetscape improvements and identify future streetscape implementation opportunities. In preparing the Conceptual Master Plan, Atkins will conduct a visual on-site inspection and photo documentation of the project limits. Atkins' on-site inspection will examine the existing slope gradients drive interface, vehicle visibility, ADA compliance, pedestrian safety, existing intersection operations, existing utilities, potential utility conflicts and requirements, existing and potential right-of-way and easement requirements, existing vegetation and conceptual driveway tie-in locations. Atkins' Conceptual Master Plan will include pedestrian, vehicular, landscape, and site furnishing recommendations, design guidelines, and will identify 4u alificabors for City of Milton l 5 the GDOT design exceptions and design variance that maybe required. Atkins will prepare preliminary horizontal alignments, typical sections, and cross sections to i€€ustrate the proposed improvements. Atkins will document the Conceptual Master Plan recommendations, and concerns obtained from the on-site analysis and prepare a Final Report and presentation to review with the City and at a Public Open House Meeting and/or a Public Information Meeting. Atkins will attend meetings to present the information and to gather input, and to document the public input that has been received. Prior to preparing and submitting the Concept Report to GDOT, Atkins will review the public information and input with the City project manager and make the necessary adjustment to the proposed conceptual master plan for the Crahapple Streetscape_ Task IB - Concept Report From the approved Conceptual Master Pian, Atkins will develop a Concept Report that will be prepared to communicate information to the Georgia Department of Transportation (GDOT). The Concept Report identifies the proposed improvements, the proposed scope of work, identifies significant design features, and assures that the proposed improvements will be implemented in a coordinated manner with GDOT policies. Atkins will attend concept meetings, if required, to present the project to GDOT project manager and respond to questions as needed. Atkins will revise the Concept Report as appropriate and submit to GDOT for their review and approval- The Concept Report will document the scope of the work to be completed using the awarded TE construction funds of $500,000. Atkins shall review project locations identified in the City's TE application and recommend proposed locations within the project budget. Atkins' recommendation shall meet the goal of connecting the existing Crabapple Area pedestrian network to the City of Alpharetta's existing sidewalk on Mid Broadwell Rd (east of Charlotte Drive). Atkins will prepare a draft Concept Report prior to the concept meeting. Following the meeting, Atkins shall work with the GDOT TE Project Manager to resolve outstanding issues and questions. Atkins will revise the concept report as appropriate and submit it to the GDOT TE Project Manager for review and approval. Atkins I Prelim naq Engineering for Crapappie streetscape TE Project Technical Proposal Phase If - Environmental Clearance Task IIIA - Environmental Compliance Based on the approved Concept Report by GDOT, Atkins will prepare the Environmental Clearance (CE) documentation for the project to comply with the National Environmental Policy Act of 1969 (NEPA). Because this project is designed to enhance the transportation system, it is expected to not have significant adverse environmental impacts. Compliance and reviews of environmental impacts are usually accomplished using a Categorical Exclusion (CE) finding. Atkins will prepare the Environmental Clearance in accordance with Section 106 of the National Historic Preservation Act of 1966 and will either avoid or make mitigation recommendations to offset the adverse effects on historical properties. Atkins will provide the necessary documentation and worksheet to GDOT to coordinate with the Department of Natural Resources, Historical Preservation Division (HPD), for their review and approval. Atkins will coordinatewith GDOT's project manager and prepare Section 4(f) documentation and requirements so that the CE can be submitted for approval_ As part of the environmental phase of the project development, should it be required Atkins will coordinate additional public information meeting to comment on the proposed project. Atkins will coordinate with the City on the other federally funded projects within the study area and the City will provide all data available related to environmental resources and survey information. Environmental Compliance documentation typically includes: air quality assessment, noise assessment, historic/I06 streamlined report! worksheet, Ecology reportlworksheet & early notification letter, ecology worksheet, categorical exclusionlNEPA evaluation (for 4(f), land uses, commitment table, etc.), and environmental commitments table (green sheet). Task 116 - ]Environmental Clearance (re-evaluation) Atkins will prepare a one time periodic re-evaluation and environmental validation that is in accordance with GDOT requirements prior to the construction let date. Phase III - Complete Design Plans Upon approval of the Environmental Clearance, Atkins will proceed with the Complete Design Plans for the proposed project. Including the preparation of survey data, design and engineering services for the preparation of preliminary plans, right--of-way (ROW) plans, final construction plans, and coordination with utilities for the related matters associated with the project. As previously indicated, the project will be in accordance with GDOT Design Standards and the GDOT Standard Specifications for the Construction of Transportation. Systems 2001 Edition, applicable AASHTO Guidelines, and the ADA requirements and guidelines. The pians will fallow the GDOT pian format as described in the Plan Presentation Guide. In addition, Atkins will assist the City of Milton with the bid process, the preparation of ROW plans and, if required, assist in the necessary acquisitions of easements and or right-of-way. Atkins can also provide construction administration and management services that complies with GDOT requirements. We have adopted a uniform quality assurance/quality control program that is implemented in every stage of our projects, from survey to design, to engineering and project construction close- out. This process allows Atkins to monitor its progress and provide a project that is completed according to accepted standards, on time, and within budget. Based on an approved Concept Report and the Environmental Clearance, Atkins shall provide the following services as part of the Design Development phase of the project: Task IIIA - Prepare Field Survey Data Atkins will conduct a comprehensive inventory, analysis, and assessment of existing site conditions. In addition Atkins will prepare a site survey of the proposed project limits for the transportation enhancement project. The survey will be prepared to identify the potential existing conditions that may affect or influence the future design of the improvements within the corridor. Clerical staff will begin the property owner notification process by preparing the informational letters to be delivered to all property owners adjacent to the project corridor. We propose to meet and review with the City project manager the existing site conditions and survey; so there is a clear understanding of the site. Boundary Survey Survey crews will locate ROW and property evidence in the form of roadways, ROW monuments, property pins, fence lines, hedge rows, and other features which might indicate property dividing lines. Once the field data is processed, a licensed surveyor will utilize the located property evidence, along with research information, to determine ROW and property lines. A boundary survey will include a plat showing the parcel boundary, Atkins 1 Preliminary Engineering for Crapapple 5treetscape TE Project Technical Proposal improvements as requested by the City or County apparent encroachments along the boundary lines, and a legal description of the subject paree€_ Our personnel have also performed hundreds of ALTAIACSM land Tide surveys should the need arise. Topographic Survey As a beginning background map, Atkins crews will locate all above ground improvements within the project areas highlighted in the request for proposal. Sufficient grade breaks and spat shots will be taken to generate ]-foot contours across the site. Spot elevations will be shown on the survey in flat areas. Finished floor elevations of any onsite buildings will be obtained, but will be fimited to those floors which can be accessed from ground level doorways. Specimen trees will be located with accompanying diameter and designation according to the City of Milton standards. For topographic surveys of the wooded areas we will use conventional surveying techniques while in the open areas we will use 31) laser scanning, also known as High -Definition Scanning (HDS)_ All above ground and visible utilities will be located as part of this survey, This shall include utility poles, junction boxes, manholes, hand moles, valves, meters, hydrants, and traffic control cabinets. Overhead utility lines will be shown between utility poles and will include designation of the types of aerial utility lines. Sanitary and storm conveyance systems will include elevations at the top of each structure as well as pipe size, pipe material, and invert elevation of each connecting pipe. Depths of utilities will be approximated at bends, intersectjon points to facilitate 3D projection of the utilities to their actual depths. Connectivity of sanitary and storm systems will be shown to the next structure outside of the project area. All data will be imported into MicroStation and InRoads format in accordance with GDOT guidelines. All deliverables deliverables will follow the GDOT Electronic Data Guidelines. High -Definition Sunning Atkins will prepare a HDS is a non -intrusive means of rapidly collecting highly detailed and accurate as-buiFt (as -is) data. A 3D laser scanner emits a narrow eye - safe laser beam that "sweeps across" a target object, such as a parking lot, ball field or building, gathering literally millions of closely spaced (Zmm) measurements in a matter of minutes. These scanned measurements are collected and grouped into compressed point cloud databases that can be easily manipulated on Qualifications for City of Mii:_r i 7 standard desktop and laptop computers displaying a dense representation of the object. This data can be viewed, navigated and analyzed from any perspective within CAD. Leica laser scanners will be used to gather detailed three-dimensional geometry to ensure accuracy and increased productivity. All data will be verified and supplemented with conventional survey data to further ensure accuracy. Atkins has developed and implemented stringent procedures for optimizing productivity while maintaining the highest accuracy possible. The benefits of using HDS on any project include- ■ The most accurate and detailed data possible • 10-20 percent cost savings compared to conventional data collection methods ■ Quicker than conventional methods • Value-added benefit of acquiring large volumes of data that exceed project requirements on the first collection Task 3118 - Preliminary Plan Documents 35% and 60% Atkins will prepare Preliminary Pian documents including: cover sheet, index sheet and revision summary, general notes, typical sections, summary of quantities, detailed estimate, roadway/sidewalk Plans, layout plans, signing and marking plans, retaining wall plans, miscellaneous details sheets, drainage profiles, landscape and site furnishing plans, lighting plans, utility plans, roadway cross sections, and erosion control drawings and specifications. In addition Atkins shall conduct coordination meetings at a location provided by the City of Milton to review preliminary design pians, prepare constructability review of preli minary design plans ,prepare preliminary right-of-way plans and send to GDOT Office of Right -of -Way for comments, attend preliminary field plan review, prepare preliminary retaining wall design sent to GDOT Office of Bridge Design, prepare preliminary utility relocation plans and send to utility providers, and provide general project coordination with City of Milton and GDOT. Task IIIC - Final Plans 90%-100% Atkins will prepare Final Plan documents including: cover sheet, index sheet and revision summary, general notes, typical sections, summary of quantities, detailed estimate, roadway/sidewalk plans, layout plans, signing and marking plans, retaining wall plans, miscellaneous details Atkins j Preliminary Engineering for Crapapple streetscape TE Project Technical Proposal sheets, drainage profiles, landscape and site furnishing plans, lighting plans, utility plans, roadway cross sections, and erosion control drawings and specifications_ In addition Atkins shall conduct coordination meetings at a location provided by the City of Milton to review final design plans, prepare constructability review, prepare final right-of-way plans and send to GDOT Office of Right -of -Way for comments, attend final field plan review, prepare final retaining wall design sent to GDOT Office of Bridge Design, prepare final utility relocation plans and send second letter to utility providers, obtain utility agreements, (cost estimates if necessary) and provide general coordination with the City of Milton and GDOT. Phase IV - Right -of -Way Plans Task IIVA - Preliminary Right -of -Way Plaits and Field Staking Prior to submittal of right-of-way plans to GDOT, Atkins shall submit one (1) set of prints of the preliminary right-of-way pians to the City for review and comment. Atkins shall revise the preliminary right-of-way pians in accordance with the City's comments and submit one (1) set of prints of the revised preliminary right-of-way plans along with the previously marked up prints for the City's review and comment. Atkins understands that this process may take several iterations before the preliminary right-of-way plans can be approved to be submitted to GDOT. When the right-of-way plans are approved by the City and GDOT, they will become known as final right- of-way plans. Atkins shall be responsible for ensuring that the right of -way and construction plans reflect the current property owners, topography, and terrain data through the final right of -way plan's approval. Atkins shall submit to the City in an electronic format dwg files and OUT fifes for each parcel for the City's use. Atkins will prepare preliminary right-of-way pians for the City's review and approval prior to submitting to GDOT. Based on GDOT approval of the right-of-way plans, Atkins will then stake all existing and required rights- of-way and/or easement along the entire project limits and for each parcel where right-of-way or easement is required upon written "Notice to Proceed" by the City on this specific task. Notice to Proceed may be issued upon the City s approval of the right of way plans. Right of way staking shall be completed in accordance with the following procedures: As requested, Atkins shall place 60 penny nails with red flagging at all required right-of-way break points. Place 60 penny nails with ai= cat,o s lar City of miItop 8 blue flagging at all property line intersections with the required fight -of -way. A guard stake shall be placed next to each point denoting the identification of the point_ Red flagging shall be placed on each guard stake. Guard stakes shall read: "REQ'D R/W" on one side of stake and should show the station and offset on the other side. The maximum distance between right of way, property line, and easement stakes shall be 250 feet. Intermediate stakes may be required to achieve the distance. The location of the adjacent points (each side) shall be dearly visible from any given point. Flagging may be used as required to make this passible. Wooden stakes shall be placed at all existing right-of-way points or existing easement points. Stakes at these points shall read: "EXIST RMI" or "EXIST EAS' on one side of the stake and shall show the station and offset on the other side. These stakes shall be flagged: with white ribbon. CONSTRUCTION EASEMENTS POINTS, Alt easement break points shall be staked using wooden guard stakes flagged with yellow ribbon. The words "CONST EAS" shall be shown on one side of the stake and the station and offset shall be shown on the other side- Temporary driveway easements shall also be staked. The same survey accuracy standards apply for right-of-way staking as are defined in the Data Base Preparation Phase. All points staked will be based on State Plane Coordinates. No surface coordinates will be used. Task !VB - Final Right -of -Way Plans and Property Negotiations Based on the final negotiations with property owners, Atkins shall prepare final right-of-way plans. Atkins will also assist in preparing the ROW parcel exhibits and legal descriptions for future negotiations with property owners and potential acquisition. Atkins shall use the right-of- way checklist as shown in the GDOT'S Manual of Quality Standards for Consultant Services, current edition, to complete the right of way plans. if requested, Atkins will assist the City with preacquisition services, negotiations, preliminary title certificates, appraisals, specialty reports, closings including title updates and final titles. Cost Estimating Services Atkins personnel are dedicated to monitoring current construction tort trends, enabling us to provide accurate and up-to-date cost estimates to our clients_ Atkins' teams of engineers, landscape architects and architects have extensive experience in cost estimating and cost control services. This encompasses cost estimates from ... --- — - - - — ...... ....� Atkins I Preliminary Engineering for Crapappie 5treetscape TE Project Technical Proposal the conceptual to bidding stages, bidding strategies, comparative analysis, and value engineering. In preparing design development estintates, vve evaluate potential errors or omissions that may be costly after contract award. Atkins will also evaluate aftemativves and recommend alternate methods or rriaterials based an their relative economy and life cycle. Over his career, Mr John Boudreau has been responsible for the preparation of the cost estimates, budgets for complex multimillion dollar public and private projects. He has managed projects for municipalities with fixed project budgets. In 20112013, Atkins' team led by Mr. Boudreau completed the design of nearly 5 million dollars of public improvements and bid over 8 million dollars of municipal park and streetscape improvement projects. Mr. Boudreau is experienced in the GDOT's Plan Development Process and is accustomed to preparing detailed cost estimates through the design process. The projects completed in 2011-2013 include the following: 1. The Abernathy Road Greenway and Park The construct budget was $3,250,000.00,the bid amount was $3,223,317.00. The project is currently under construction. 2_ The Roswell Phase I and Phase II Streetscape projects including Joe Mack Park- the budget was $3,000,000.00, the bid and construction amount was $2,850,000.00. 3. tl lckory flat Streetscape and urban design project- The construction budget was $1,000,000.00, the bid and construction cost was $850,000.00. 4. Waleska Streetscape and urban design project The construction budget was $1,500,000.00, the hid and construction cost was $1,500,000,00. Mr. William Womack, Mr_ Richard Rohrer, and Ms. Kathy McCabe will all assist Mr. Boudreau in preparing detailed cost estimates for the Crabapple Streetscape project. All cost estimated vvill be reviewed for accuracy by an independent professional associated within Atkins. Phase V - Bidding Assistance If requested, the Atkins design team can assist City of Milton during the bidding process. We will compile deliverables to the City, including the final bid documents, project manual including specifications, and bid form, distribute bid documents to the City and potential bidders, compile and distribute the plan holders list, attend the pre-bid meeting with contractors, respond to any questions and requests for clarification that may arise, prepare written response to bidder questions and City, prepare addenda for review and approval by the City, review of bids for compliance with requirements, check bidder references, and make a recommendation of award. Phase VI - Construction Administration Services At Atkins, we believe that the team sealing the professional documents should be an integral part of construction process and we are committed to providing the construction administration services that is required to construction the project successfully and to the highest standards. This would include periodic site reviews at the appropriate time by the appropriate design professional including the design engineer, the landscape architects, and the structural engineer_ The design professionals are ready to be intimately involved in the construction oversight of the construction to make sure the proposed improvements are completed in accordance with the construction and bid documents - Dur team will start this coordination with the successful contractor by attending a pre -construction meeting. Our team will continue with a minimum of once per week construction meetings and at other critical points during the construction process_ Mr. Boudreau will direct the appropriate team member to the site at critical points to determine compliance with the construction bid documents, working with City staff and the contractor to resolve issues that may arise, provide clarification of request for infom-Cation, and providing recommendations to resolve potential conflicts that may arise. Atkins` team will review shop drawings and pay requests and provide final inspection punch lists and recommended approvals and or corrective actions during the construction process. After the first year of occupancy, Atkins will provide a warranty inspection of all disciplines with the City and the contractor. Atkins I Preliminary Engineering for Crapapple Streetscape TE Project ■■■ MEN ■■■ 1IIIIIIIIIIIIII—Fu ■■■■■:r7 ■i■■i ■■■M■:-.; ■oo" ■ ■■■■...■ ■■■■ .:-■ ■■■■C_.# ■■MM..:. ■ ■i■■ '.'■ ■■■■ .-:■ i■Ti... ■o .■m. ■■ ■■.. ■■ ■■ ■■ ME am ■■ ■■ ■■ ■■ ■■ w■ .■■ ■■ .■i . ■■ am No an ■■ .Mss== Mii Us ■■■■■■■■■ ■i■■ ■ ■i ■ ■1■■■ ■ ■■ ■ NONEIII ■■■■■ now ■■■■ ■ ■■■ ti■■■ M■■ ■■■ ■■ ■■ ■ ■■■ ■■■■■ ■ ■■■ ■i■■■■ ■■■ an ■■i ■■■ ■■■■■ ■un - ■■ ■i■ ■■■ ■■■■■■ ■ii ■ ■■NEW ■■ ■ ■ ■■■■ i ■i■ ■■■■i ■ ■■■ ■■■■■ ■ ■■ ■!�■■■ ■ ■■ i!■■■■■ mi■i■■■■■ ■■■■■■■ ■ �� ..� F.."a .r 4 .raee..�w.• § s_ sh y R 1 '� #i! Technical Proposal C - Background and Experience I - Firm. 5ubconsuitants, and staff Firrn overview Atkins North America, INC, (formerly PBS&7), is a leading provider of engineering, planning, architecture, construction management, environmental sciences, energy, and program management services for over 75 years. The company has grown and differentiated itself by developing strong technical skills, expanding its resources in emerging technologies, and combining its technical capabilities with a solid understanding of dients' business needs. As Atkins, we will continue to provide exceptional service with the same level of technical excellence, quality, and timely responsiveness from local staff. Atkins employs 17,500 professionals across North America, Europe, the Middle East, and Asia Pacific. Atkins has approximately 2,700 employees and 70 offices in the United States(wvvw.atkinsglobal.com/northamerica). Atkins local experience Atkins' local Atlanta office has over 250 individuals with various professional skills from surveying, engineering, transportation planning and design, structural engineers, planning, landscape architecture and environmental scientist Atkins staff has successfully completed more than 35 streetscape and urban design projects around the metropolitan Atlanta region and throughout the southeast over the past 30 years. Through careful analysis, creative design solutions, and successful public involvement, Atkins has assisted communities in establishing a vision and unique sense of place for their communities. We are also knowledgeable with the Georgia Department of Transportation policies and process required to complete TE projects. Atkins has successfully assisted many municipalities throughout metro Atlanta and Georgia, assisting them in realizing their project goals and objectives through the use and Implementation of TE -funded projects. A partial list of recent Georgia projects Is presented below. Subconsultant Womack Lumsden & Associates, LLC Womack Lumsden & Associates, LLC provides in house electrical design services. Areas of electrical technical expertise include high, medium and low voltage power distribution, power system coordination, lighting and emergency lighting, recreational lighting, sports lighting and lighting controls. Additional experience includes the design of miscellaneous systems, including fire alarm, telephone system rough -in, computer data systems, security systems and public address systems. Womack Lumsden & Assovates, LLC has been involved in Site Lighting Designs for over thirty-six years. Projects have ranged from streetscapes projects in downtown Atlanta to several miles of roadway lighting in different locations. Projects have been provided in many states. Womack Lumsden & Associates, LLC has provided lighting design services for over 100 projects, many in the State of Georgia, using the GDOT Standards. Womack Lurnsden & Associates, LLC provides every facet of project management including planning studies, system evaluations, energy studies, construction design, scheduling, cost estimat rig, engineering coordination, on-site inspections, and construction administration services_ Staff Joan Boudreau, RLA, Project Manager Mr. Boudreau will serve as project manager for this effort, an act as a single point of contact for City of Milton project manager. He has extensive experience in successfully leading and directing multidisciplinary projecttea ms. Mr. Boudreau has over 29 years of urban design and streetscape experience. He has successfully completed GDOT's Plan Development Process (PDP) and has successfully managed and designed over 20 federally funded urban design and streetscape projects. His project responsibilities will include project management, site assessment, the preparation of construction documents, cost estimating, permitting, and construction administration services. Mr_ Boudreau's experience includes: • City of Atlanta, Georgia, International Boulevard Master Plan and Streetscape Project - (TE) • City of Atlanta, Georgia, Luckie and Marietta Street Streetscape Projects - (TE) City of Canton, Georgia, Liveable Centers Initiative Master Plan - (LCI} • City of Canton, Georgia —Transportation Enhancement Projects including; Railroad Street, Waleska Street, Hickory Flat and Main Street Connector - ( LQ • City of College Park, Georgia, Transit Oriented Development (TOD) - LCI Master Plan. Atkins j Preliminary Engineering for Crapapple Streetscape TE Project Technical Proposal ■ City of Decatur, Georgia, Master Plan and Design Guidelines. ■ City of Decatur, Georgia, urban Design and Streetscape Proiects, including the Historic Courthouse, East and Vilest Ponce Deleon Avenue, Church Street Sycamore and Oakhurst - (LCI and TE) • Crty of Decatur, Georgia, MARTA Plaza- -Master pian and construction documents - (LCI) • City of Forsyth, Georgia, Streetscape Master Plan and Phase II enhancement project - (TE) • City of Marietta, Georgia, Roswell Streetscape LCI Projects, Phases 1, Ii and III - (LCI and TE) ■ City of Marietta, Georgia, Joe Mack Transit Plaza project - (LCI ) • City of Marietta. Georgia, Renaissance District Master Plan and Improvement projects ■ City of Powder Springs, Georgia, Community Wide and Downtown Master Plan • City of Powder Springs. Georgia, Lucille Creek and Wildhorse Greenway Projects - (TE) ■ City of Powder Springs, Georgia, Marietta and Dillard Street Streetscape projects - (TE) ■ City of Roswell, Georgia, Historic Canton Street Master Plan and Implementation Projects Phase 1& II • City of Sandy Springs, Georgia, Abernathy Road Linear Greenway Project • City of Sandy Springs, Georgia, Ridgeview Middle School Safety Project • City of Lawrenceville, Georgia, Historic Lawrenceville Downtown Redevelopment Master Plan and Phase I and II Streetscape projects - (TE) • City of Lithonia, Georgia, Master Plan and Streetscape Project ■ City of Newport News, Virginia, Jefferson Avenue Streetscape Project, Phase I & 11 • Cumberland CID, Cobb County, Georgia, Akers Mill Road Streetscape project - (TE) • Cobb County, Silver Cornet Trailheads, Mavell Road, Floyd Road and Atlanta Road, Cobb County, Georgia. • Dekalb County, Georgia, Georgia Perimeter College Transportation Enhancement Projects - (TE) ■ Evermore CID, Gwinnett County, Georgia, LCI Master Plan - (LCI) ■ Evermore CID, Gwinnett County, Highway 78 Corridor Improvement and Enhancement Project - (LCI) • Georgia Department of Transportation (GDOT) National Environmental Policy Act (NEPA) Task Order Services, Statewide, GA • Gwinnett Village CID, Norcross, Georgia, 1-85, Jimmy Carter and Buford Highway design services • Gwinnett County, Georgia, ivy Creek Greenway project • Savannah, Georgia, Gateways Master Alan and Streetscape Projects, Abercorn, MILK Boulevard, the Visitor Center and Gwinnett Avenue - (TE) • SC DOT- City of Blythewood, Fairfax and West Columbia Entrance Enhancement Projects - (TE) Kathy McCabe, PE, Senior Civil Engineer Ms. McCabe has over ten years of experience -Focused on site development processes; she has a detailed understanding of roadway design, storm drainage design, hydrology, water quality, detention pond, utility design and erosion control measures. Currerrtly, Ms. McCabe's responsibilities include coordinating detailed phases of site work, engineering design projects, preparation of construction documentation, specifications, permitting services and construction administration services. Ms. McCabe has assisted in preparing the construction documentation for several urban design and streetscape projects including: Abernathy Road Linear Greenway and Park in Sandy Springs Georgia, Canton Main Street Project, Waleska Street 5treet5cape and Hickory Fiat Streetscape project. Ms. McCabe will serve as the lead civil engineer for the project focusing on the storm water design, water quality measures, permitting and erosion control requirements. Ms, McCabe`s project experience includes: • City of Atlanta, Georgia, CDC Master Plan East Campus Labs, Building 18, 20, 21, 24, Clobal Communications and Training Facility, and Unified Streetscape Engineering • City of Canton, Georgia —Main Street Pedestrian Connector - (TE) Atkins I Preliminary Engineering for Crapapple Streetscape TE Project • City of Chamblee, Georgia, CLIC Campus Entrance Road and Bridge Designs • City of Forsyth, Georgia, CR 2711 Tift College Drive, City of Forsyth, Georgia - (TE) • City of Sandy Springs, Georgia. Abernathy Road Linear Greenway Project - (TE) ■ City of Sandy Springs, Georgia, Ridgeview Middle School Safety Project - (TE) • Gwinnett County, Georgia, Ivy Creek Greenway project Ronald Morris PE, Senior Group Manager and Engineer Mr. Morris has over 29 years of experience in cM1 engineering and roadway design projects. He is a registered civil engineer and serves as group manager for the Atlanta transportation design group_ lie has been the project manager and lead design engineer on numerous projects including., the Georgia Department of Transportation 117511-575 Northwest Coaridor Public- Private ublicPrivate Initiative, Statewide Transportation Services for Safety Projects (2003-2006) Statewide, DeKalb County's Homestead Option Sales Tax (HOST) Program Management Services, Fulton Country Transportation Program Management, and the Cobb County 1% SPLOST Transportation Program Management. Mr. Morris will be response for quality control and reviews for the Crapabble Streetscape project. Mr. Morris' project management experience includes: • Clayton County, Georgia, 1-75 South Managed Lanes from SR 54 North to Aviation Boulevard, GDOT • Cobb and Cherokee Counties, Georgia, 1-75/1-575 Northwest Corridor Public -Private Initiative, Georgia Department of Transportation (GDOT) • Cobb County, Georgia Mt. Wilkinson Pedestrian Bridge over 1-285 ■ Cobb County, Georgia Woodlawn Drive (from Lower Roswell Road to Johnson Ferry Road) • Cobb County, Georgia, Cobb County Department of Transportation Program Management • Cobb County, Georgia, Cumberland Boulevard Pedestrian Bridge over 1-285 Qualificat:ans for Ct.y o",!: __- { 13 • DeKalb County, Georgi, DeKalb County's Homestead Option Sales Tax (HOST) Program Management Services ■ Fayette County, Georgia, SR 74 Design, GDOT, • Fulton County, Georgia, Fulton County Transportation Program Management ■ Georgia, Statewide Bridge Work Order Services, GDOT • Georgia, Statewide Interstate Interchange Maintenance, GDOT • Georgia, Statewide Transportation Services for Safety Projects (2003— 2006), GDOT • Gwinnett County Georgia, Ronald Reagan Parkway ■ Gwinnett County, Georgia, Five Forks Trickum Road and Rockbridge Road Intersection Improvements ■ Gvvinnett County, Georgia, SR 316 Managed Lanes, GDOT • Lawrenceville, Georgia, McGinnis Ferry Road Extension • Lilbum, Georgia, Arcado Road Improvements • Macon, Georgia, 1-75IArkwright Road, GDOT ■ Paulding County, Georgia, Old Cartersville at East Paulding Drive and Dallas Acworth Road at Bobo Road Intersection Improvements ■ Roswell, Georgia Crabapple Road and Chaffin Road Intersection Improvements Richard Rohrer, RIA, Senior Landscape Architect Mr. Rohrer brings more than 23 years of experience in the design and management of major planning and landscape architectural projects across the country. He has assisted in the design of more than 10 urban design and streetscape projects throughout the country and has extensive experience leading and working as a team member on multidisciplinary project teams. Mr. #tohrer's project experience includes: • City of Arlington, Texas, Hike and Bike Master Plan • City of Brunswick, Georgia, Blueprint Brunswick Development Strategy and Master Plan • City of Canton, Georgia —Hickory Flat - (TE) Atkins I Preliminary Engineering for Crapapple Streetscape TE Project ■ City of Canton, Georgia —Main Street Pedestrian Connector - (TE) • City of Canton, Georgia—Waleska Street - (TE • City of College Paris, Georgia, Transit Oriented Development - (LCI) ■ City of Dahlonega, Georgia, Downtown Master Plan ■ City of Forsyth, Georgia, CR 2711 Tift College Drive, City of Forsyth, Georgia - (TE) • City of Marietta, Georgia, Roswell Streetscape LCI Projects - (LCI and TE) ■ City of Sandy Springs, Georgia, Abernathy Road Linear Greenway Project - (TE) • City of Newport News, Virginia, Jefferson Avenue Streetscape Project, Phase I & If • City of Norcross, Georgia, Streetscape Design Guidelines • Gwinnett County, Georgia, Ivy Creek Greenway project • SCDOT- City of Blythewood, Fairfax and West Columbia Entrance Enhancement Projects - (TE) Wendy Dyson, A1CP, Senior Transportation Planner Ms. Dyson is a senior planner with over 15 years of experience preparing NEPA and Section 106 documentation for transportation projects throughout the state of Georgia. She specializes in NEPA studies, coordinating sub -disciplines (history, archaeology, ecology, air/noise, hazardous materials, etc.) and developing final documentation in compliance with NEPA and all applicable environmental regulations required for federally funded transportation projects. Ms_ Dyson's project experience includes: 32 -County Area, Georgia, Southwest Georgia Interstate Study, GDOT • Atlanta, Georgia, GDOT Office of Environment, Community Impact Assessment, Environmental Justice, and Public I nvoNement Tra i n in g • Bibb County, Georgia, 1751Arkwright Road, Environmental Assessment, Air Quality Analysis, and Noise Impact Assessment, GDOT ■ Bibb County, Georgia, Pleasant Hill Mitigation Feasibility Study Q a' =ra'=cns Tar City of Miltcon l 14 • Chatham County, Georgia, Skidaway Road, Public Involvement ■ City of Johns Creels, Georgia, ITS Expansion Phase II • Clinch and Ware Counties, Georgia, US 84/SR 38 Widening and Improvements, GDOT • Cobh and Cherokee Counties, Georgia, 1-75 High - Occupancy Vehicle (HOV) Lanes Air Quality Impact Assessment and Noise Impact Assessment • Cobb County, Georgia, Cobb County Park -n -Ride Lots Environmental Assessment ■ Cobb County, Georgia, 1285/Atlanta Road Interchange Reconstruction Design Services, Cobb County Department of Transportation • Cobb County; Georgia, Queen Mill Road from SR 139 Mableton Parkway to 5R 8/US 78 Veterans Memorial Highway, Cobb County Department of Transportation • Colquitt and Tift Counties, Georgia, US 3i9/SR 35 Safety Improvements, GDOT • Columbia and Richmond Counties, Georgia, 1-20 and 1-520 Environmental Assessment, FONSI, and Noise Impact Assessment, GDOT • DeKalb County, Georgia, Ashford Dunwoody at 1-285 Air Quality Impact Assessment and Noise Impact Assessment • DeKalb County, Georgia, i_aVista Road at Frazier Road Intersection Improvements • DeKalb County, Georgia, Lithonia Industrial Boulevard Phase I, Environmental Assessment Reevaluation and Section 4(f) Evaluation • DeKalb County, Georgia, South Indian Creek/Redan Road and North/South Hairston Road Intersection Improvements • Gwinnett County, Georgia, SR 316 HOV Lanes and SR 120 and Collins Hill Road Interchange Reconfiguration • Jefferson County, Georgia, Buford Highway Corridor, Public involvement and Categorical Exclusion, US 11 SR 4 Widening, Environmental Assessment and Public Involvement, GDOT ■ Peach and Houston Counties, Georgia, SR 96, Environmental Assessment Atkins 1 Preliminary Engineering for Crapappie streetscape TE Project Technical Proposal Richard Grimsley, Perrn!Wng and Compliance Mr. Grimsley has served at Atkins for over 40 years of design assistance for numerous utility projects. In the last 5 years his responsibilities have include the permitting director for downs of Georgia environmental projects, including the Georgia Environmental Protection Division (EPD) and US Army Corps of Engineers (USACE)-wetland and preconstruction permits. Before construction begins, Mr. Grimsley and Ms_ McCabe will be responsible for meeting with the contractors and reviewing with them all of the erosion control and sediment control measures to be maintained to comply with federal, state and local regulations. Mr. Grimsley will assist in construction administration services and overseeing the erosion control measures are adequately maintained throughout the construction. Mr. GrimsWs project experience includes: ■ City of Buford, Georgia. Water Contingency Plan and Sanitary Sewer Rehabilitation Project • City of Covington, Newton County, Georgia, Permitter) the land Application System Spray Held, Highway 278 Water Main, and Alcovy Road Water Main • City of Dawsonville, Georgia, Etowah Water and Sewer Authority, Permitted the Etowah River Sanitary Sewer, Megal Sanitary Sewer and Reservoir for treatment plant • City of Marietta, Georgia, West Side Connector Water Main Replacement Design and Construction Phase Services ■ City of Marietta, Georgia_ Cobb County -Marietta Water Authority Multiple Projects • City of Powder Springs, Georgia, Plan Approval • City of Smyma, Powder Springs, Marietta, and Thomaston Georgia, Stormwater Management Plans • City of Woodstock, Georgia, Cherokee County Water and Sewerage Authority, Central Supply Reinforcement, Phases I and 11; Eagle Drive Water Main; SR 92 Utility Relocation (2005), and many other related projects • City of Woodstock, Georgia, Cherokee County Water and Sewerage Authority, Conagra Sanitary Sewer • City of Woodstock, Georgia, Cherokee County Water and Sewerage Authority, Little River Force Main • City of Woodstock, Georgia, Cherokee County Water and Sewerage Authority, Mill Creek Phase Five Sanitary Sewer Greg Garner RLS, Feld Survey and Easernerrt Plats Mr. Garner is a registered survey in the state of Georgia and has provided survey assistance for over 15 years of survey experience for private and public clients. He has completed surveys for urban design, recreational, commercial and residential projects. His survey expertise includes the preparation of boundary surveys, topographic surveys, real estate dosing surveys, ALTA surveys, and Construction surveys throughout the state of Georgia. Mr. Garner's project experience includes-- • ncludes-• Barrow and Jackson Counties, Georgia, 1-85 HOV Lanes, Georgia Department of Transportation (GDOT) • City of Atlanta, Georgia, 1Qth Street Streetscape • City of Atlanta, Georgia, Marietta Street and Centennial Olympic Park Drive Streetscape • City of Atlanta, Georgia, Simpson and West Peachtree Streets Streetscape • City of Augusta, Georgia, I-2011-520 Interchange and 1-20 Widening • City of Canton, Georgia, Main Street Connector Streetscape • City of Chamblee, Georgia, Chamblee Streetscape ■ City of Decatur, Georgia, LaVista Road Streetscape ■ City of Decatur, Georgia, Oakhurst Business District Pedestrian Streetscape Project ■ City of Marietta, Georgia, Roswell Street Streetscape • Clarendon County, South Carolina, 1-95 Pavement Resurfacing High -Definition Surveying (HDS) • Cobb and Cherokee Counties, Georgia, 1-7511-575 HOV Lanes • Cobb County, Georgia, Akers Mill Road Streetscape • DeKalb County, Georgia, Buford Highway Streetscape • Douglas County, Georgia, Duralee Lane Extension Traffic and Surveying Services • Gwinnett County, Georgia, McGinnis Ferry Road Extension Atkins I Preliminary Engineering for Crapapple Streetscape TE Project Technical Proposal • Gwinnett County, Georgia, McGinnis Ferry Road Extension ■ Gwinnett County, Georgia, SR 316 High -Occupancy - Vehicle Lane Design Services • Troup, Meriwether, and Coweta Counties, Georgia, 1-85 HHV Lanes Barry Brown, PE, Structurals Engineer Barry Brown, a senior group manager and structural engineer, has more than 27 years of experience as a structural engineer with extensive bridge experience including prestressed concrete, reinforced conrxete, steel beams and plate girders, trusses, and timber. His design experience indudes interchanges, high -occupancy vehicle (HDV) projects, bridge replacement and: rehabilitation projects, stream crossings, bridge widening projects, pedestrian bridges, retaining walls, and commercial and public building facilities. Mr. Brawn's project experience includes- • City of Atlanta, Georgia, 1-20A-285 West Strategic Implementation Plan • City of Macon, Georgia, 75 Widening from Pierce Avenue to Arkwright Road • Glynn County, Georgia, I-95 over South Brunswick River ■ Glynn County, Georgia, I-95 over SR 303 and Hillery Slough • Glynn County, Georgia, 1-95 over 1-95 over Turtle River Subconsultant William Womack, with Womack Lumsden & Associates, LLC (Electrical) Womack Lumsden & Associates, LLC is a professional electrical engineering consulting firm. William B. M. Womack, P.E. has over 37 years of experience and George W. Lumsden, P.E. has over 23 years of experience in the consulting engineering field. This includes engineering design, managerial and construction supervision experience on Streetscape, recreational fields, educational, industrial, commercial, process, distribution, medical, wastewater and design -build type projects. The firm's principals are presently registered in 33 states. Mr. Womack will be responsible for the evaluation and design of the electrical systems for the Milton Streetscape project. Mr. Womack's project experience includes: • City of Atlanta, Georgia, East Atlanta Village Streetscapes • City of Atlanta, Georgia, Emory Village Revitalization Project • City of Atlanta, Georgia, Georgia Perimeter College, Dunwoody Campus ■ City of Atlanta, Georgia, Historic Fourth Ward Park, Phase 1 • City of Atlanta, Georgia, Peachtree Street Phase Il • City of Atlanta, Georgia, Piedmont Avenue Streetscape Renovation and Piedmont Avenue Paris Access Projects ■ City of Atlanta, Georgia, Tenth Street Pedestrian Improvements City of Atlanta, Georgia, Tenth Street Streetscape Proiect ► City of Atlanta, Georgia, West Peachtree Street • City of Auburn, Alabama, Auburn Technology Park • City of Auburn, Alabama, Highway 29 Street lighting • City of Canton, Georgia: --Main Street Pedestrian Connector - (TE) ■ City of Dallas, Georgia, Historic Downtown Dallas Streetscapes Enhancements GDOT Project No. CM - 0004 -00(207) • City of Dalton, Georgia, Dalton Streetscape ■ City of Douglasville, Georgia, Downtown Douglasville Streetscape Improvements - (LCI FY03) • City of Douglasville, Georgia, Downtown Douglasville Streetscape Improvements - (TE FY02) ■ City of Duluth, Georgia, Duluth Town Green • City of Ellijay, Georgia, Ellijay Streetscape • City of Gainesville, Georgia Green Street Streetscapes • City of Greenville, South Carolina, East and West Court Street Atkins I Preliminary Engineering for Crapapple Streetscape TE Project '-,rCityof Milton 17 Technical Proposal Organizational chart In the organizational chart shown below, all Atkins team members are experts in their respective fields, have worked together as a team on previous streets ape projects, and were se!ected for their professional dedication to ensure the success and timely completion of the project_ City of Milton Project Manager John Boudreau, RLA Subconsultant - Womack Lumsden & Associates, LLC (Electrical) William Womack, PE Support Public Involvement John Boudreau, RLA Richard Rohrer III, RLA Civil Engineering Kathy McCabe, PE, LEEa AP Survey R. Greg Gamer, RLS, EIT Permitting and Compliance Richard Grimsley Construction Phase Services John Boudreau, RLA Richard Rohrer II1, RLA Kathy McCabe, P€, LEED AP Quality AssurancelControl Ronald H. Morris, PE Urban Design/ Landscape Architecture Richard Rohrer 111, RLA Chad Hayes Structural Engineering Bary Brown, PE NEPA/Environmental Permitting Wendy Dyson, A1CP Atkins I Preliminary Engineering for Crapapple Streetscape TE Project Technical Proposal 2 - Past and Current Project Information Atkins was the lead planning, landscape architecture, and engineering firm on the folloWng streetscape and urban design projects- * Abernathy Road Linear Greenway Phase V- City of Sandy Springs, GA -- locally and Transportation Enhancement (TE) funded ■ Akers Mill Road Streetscape. Phase I - Cumberland Cl D, Cobb County, GA - Locally funded ■ Akers Mill Road Streetscape Phase 11 - Cumberland CID and Cobb Department of Transportation, Cobb County, GA --LCI implementation project • Buford Highway Streetscape-- Cities of Chamblee and Doraville, GA - Transportabon Enhancement (TE) project • Buford Highway Streetscape- DeKalb Department of Transportation, GA - Federally -funded enhancement project • Canton Livable Centers Initiative Master Plan - City of Canton, GA - Livable centers initiative (LCI) study • Canton Main Street Pedestrian Connector -- City of Canton, GA -Transportation Enhancements (TE) project • Chamblee Tucker Pedestrian Improvements - City of Chamblee, GA - LCI implementation project • Decatur Downtown design Guidelines - City of Decatur, GA- LCI -related project • Decatur MARTA Station Plaza Improvements - City of Decatur, GA - LCI implementation project • Dillard Street pedestrian Improvements - City of Powder Springs, GA- Federally -funded enhancement project Downtown Canton Connector Streetscape Project -City of Canton, GA -Transportation Enhancement (TE) project • Downtown Decatur Streetscape Phase V -- City of Decatur, GA -Transportation Enhancements (TE) project ■ Downtown Decatur Streetscape­ Phase 1, 11, and III -City of Decatur -Transportation Enhancements (TE) project • Georgia Perimeter College Transportation Enhancements - Georgia Perimeter College, GA - Transportation Enhancements (TE) project ■ Gwinnett Village CID Interchanges and Medians Improvements - Gwinnett Village CID, Norcross, GA-- CID funded project on DDT ROW ■ Hickory Flat Streetscape - City of Canton, GA - LCI implementation project Atkins I Preliminary Engineering for Crapapple Streetscape TE Project Technical Proposal 3 - References Atkins' past performance has been recognoed and rewarded by our clients in that over 90 percent of our work comes from repeat clients. The following references are for projects similar to the City of Mikon`s T Streetscape Project, Atkins Mr. Hugh Saxon, Deputy City Manager City of Decatur P. O. Box 220, Decatur, GA 30031 678.553.6507 30352-4891 770.206.2012 ■ Abernathy Road Linear Greenway Improvements -Phases I thru IV (partial TE protect - $4 million) ■ RidgeView Middle School Sidewalk Project- (Local Funded -$500,000.00) Mr. David Pelton, PE Acting Associate Director of Public Works DeKalb County Transportation Division 1950 West Exchange Place, 4th Floor, Tucker, GA 30084 170.492.5223 • Phase I Master Plan and Historic Court House LaVista Road Sidewalks and Streetscape Improvements -Courthouse (T£ Implementations Project - $759,000.00) (LCI Implementation Project - $2.6 million) • Prase II and III East and West Ponce de Leon (TE Lithonia Community Improvements- gocally Funded - Implementation Project - $2,500.000.00) $1,000.000.00) • Phase IV MARTA Plaza Renovation (TE Implementation Project - $5,000,000.00) • Phase V Church Street (TE Implementation Project - $1, 500,000.00) • Oakhurst Business District Pedestrian Streetscape -(TE project - $1.5 million) Mr. Joby West, PE, City Engineer City of Canton 151 Elizabeth Street Canton, GA 30114 770.204,1521 ■ Downtown Main Street Streetscape -(Federally funded enhancement project - $1 million) ■ Railroad Street Streetscape (LCI Implementation Project - $2.2 million) • Hickory Flat Streetscape (LCI Implementation Project - $800,000) • Waleska Streetscape (LCI Implementation Project - $1.5 million) • Main Street Connector Streetscape (TE Implementation project - $1 million) Mr. Marty Martin, Manager, Construction Management/Project Management City of Sandy Springs 7840 Roswell Road, Building 500, Sandy Springs, GA Mr. Jim Wilgus, PE, City Engineer City of Marietta 205 Lawrence Street, Marietta, GA 30060 770.794.5648 ■ Roswell Street Streetscape, Phases I and II (LCI implementation Project - $2.6 million) • Renaissance District Pedestrian and Signage Project - ($600,000 -00) Subconsultant - Womack Lumsden & Associates, LLC Mr. Ray Strychalski Kimley-Horn and Associates, Inc. 817 West Peachtree Street, NW, The Biltmore, Suite 601 Atlanta, GA 30308 404,201-6125 Mr. Brad Jones Jacobs 6801 Governors Lake Parkway, Building 200 Norcross, GA 30071 678.333.0391 Mr. John Heath Heath & Lineback Engineers, Inc. 2390 Canton Road, Building 200 Marietta, GA 30066 770.424.1668 Atkins I Preliminary Engineering for Crapapple Streetscape TE Project EXHIBIT "C" INSURANCE CERTIFICATE '`'� CERTIFICATE OF LIABILITY INSURANCE INDICATED. NOTWITHSTANDING ANY REQUIREMENT. TERM OR GOt DfTION OE ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN- SIE OiSURANCE AFFOREIED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TI RMS EXCLUSIONS AND CONDITIONS OF SUCH POLICIES_ LNTS SHOWN MRY HAVE BEEN REDUCCEO BY PAID CLAIMS. gage 1 of 2 Ds/U6//200113 THIS CERTIFICATE IS ISSUED ASA MATTER OF INFORMATiOHONLYAHD CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIYELYAKEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOTCONSTTTU'TE ACONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER_ IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies)must be endorsed. If SIJ BROGATION IS WAIVED, subjectto the terms and conditions of the policy, certain policies may require an endorsement. A stateme nt On this certificate does not confer rights to the certificate holder in lieu of such ondorsament{s)- PROOUCER CQKrAGT Hillis of New York, Inc - c/o 26 century Blvd. Psi 877=a45 -7378 F" 888-467-2378 rtificatesawilli r. o. Bax 305191 Na,hville, 7.'N 37230-5191 11g5U S FFOROING CRVERAGE NAW -9 EACH COGURRENCE. f 1 00 M15takERAA Greenwich Insurance Company 2 23 22-001 roG4dRER8: American GuaraAtee & Liability insurance 36247-001 I SUREL Atkins North Amecicx, Inc. �1REIRC Underwriters at Lloyds 15792-001 2091 HIP 107th avenue Miaui, 8L 33172-2507— —" - rMSWREn R M341RER E PERSONAL aAOVINJURY f OD QQQ Contractual LiAbjjj&y COVERAGES i'F RTIFIr_ATF MI I YRFI2- 7 ft-a'r R a aQ MCI—MU u i i as o co. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE L13TED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE 1`04i THE POLECY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT. TERM OR GOt DfTION OE ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN- SIE OiSURANCE AFFOREIED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TI RMS EXCLUSIONS AND CONDITIONS OF SUCH POLICIES_ LNTS SHOWN MRY HAVE BEEN REDUCCEO BY PAID CLAIMS. 1ITR H5RTYPE OF INSURANCE AF1P R V0 ppX„y ypgL POLICtt EFF 41100=00=_ g/1/2013 POLICY EXP LdIrt3 A GENERAL LIABILITY Y Y CG9740901602 _019"UnMUL 4/1/2014 EACH COGURRENCE. f 1 00 ETO RENTED !SES Eaomnenae A_- 00 000 E7CA ora eraan] f , 0 COMMEF:CIAL GEN ERALLIA$IL1TY ][IVIED CLAIMS -MADE OCCUR 4X PERSONAL aAOVINJURY f OD QQQ Contractual LiAbjjj&y GENERAL AGGREGATE f 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS-COMPIOPAOG f 000 OQ POLICY FXPRO- .lFr.TLOC f A AUTOMOBILELIABILITY Y Y CAH740901702 /-1/2013 4/1/2014 OMUMILUSINGLELIMIT s 2,000,000 ANYA 'TO SODILYINJLRY(Perper ) 5 ALLOINNERMSCHEDULFD AUTOS AUTOS Ix BODI.YINJURY(Peraccid0nt) S HIRED AVTTSS�OSWNEn -PI: T1' OAhSAeE 5 tlenl $ 8 X LMERELLALIAS X OCCUR ,AUC924234901 /1/2013 4/1/2014 EACH OCCURRENCE 3 1 000 0 AGGREGATE i 1.1090,000 El(CESS LIA9 CLAIMS -MADE € DEO I X REfENTIONfyero f ,CWG'740901502 A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANY PROPRIETORIPARTNER1EXECUTIVE� OFFICERIMEMBER EXCLUDED? NIA Y /1/2013 4/1/2014 ]i A O ir E.L EACH ACCIDENT S 1,000 000 E,L. DISEASE - EA EMPLOYEE $ 1,000,000 .. ..._ .._ [gaiW�lo in NH11 !f yes. tles`�rre �ntlar OESCRIPTIONOFOPERATiONSbel. I E.i.-DISEASE-POLICYUmrr f 1,000,000 C JProfaaalana1, {B084111209P13 !4/1/2013 a 1/2014 $1,000,000 Bach Claim & Liability -Claims made`ilj j $1,000,000 Annual Aggregate } 11/11/ISGI Rrtrodata DESCRIPTION OF OPERATIONS I LOCATIONS!VEHICLES ORhAo 4101, Adda-1 R*ayrk$ SchedLde, if pM space k required) Professional Services Agreement Crabapple Streetecape Greenwich Inauran.Ce, CoMpanieei Best Rating A RV American Guarantee and Liability Insurance Company Seat Rating A+ XV Underwriters at Lloyd's Landon AM Hest Rating; A Xy. Professional Liability policy written on claims -made basis. CERTIFICATE HOLDER CANLFI I ATIAM C011:4203353 TPI:1610622 Cert:20318398 @11988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010105) The ACORD name and logo are registered marks of ACORD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE MTH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE City a£ Hilton 13000 Deerfield Parkway, Suite 1076 T Milton, GA 30004 A* C011:4203353 TPI:1610622 Cert:20318398 @11988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010105) The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: 33404588 LOCI: a ADDITIONAL REMARKS SCHEDULE Page-2-of 2 AGENCY Willis of New York, Inc. NAAlEDW&WRED Aurins Hord: America, Inc. 2001 NN 107th Avenue Hia=i, FL 33172-2507 FOL)CY MUNWEER See First Page CiJUa o NAIC CODE See First Rage OwEasmeewrr- See First Page THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUAi8FR_ 25 FORAM TITLE; CERTIFICATE OF LIABILITY INSURANCE There are no Deductibles or Self -Insured Retentions on the General Liability, Automobile Liability, Norksrs Compensation and Umbrella coverages. City of Hilton, its officials, emptoyees. agents and volunteers are included as Additional Insureds as respects to General Liability and Automobile Liability. General Liability and .automobile Liability shall be PrY and tion-Contributowith any other ii.'nsurance in farce for or which may be purchased by Ci Hilton. its officialry s, employees, agents and volunteers_ Waiver of Subrogation applies in favor of City of milton, its officials, employees, agents and volunteers with respects to General Liability, Automobile and Workers Compensation as permitted by law. AL;UKll lul{[uUnjuly C011:4243363 7p1:161U622 Cert:20318398 02008ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD EXHIBIT "D" CONTRACTOR AFFIDAVIT AND AGREEMENT STATE OF GEORGIA CITY OF MILTON By executing this affidavit, the undersigned contractor Verifies its compliance with O.C.G.A. § 13-10-91, stating affirmatively that the individual, firm, or corporation which is 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: 58042 eVerify Number October 4, 2007 Dale of Authorization Atkins North America, Inc. Name of Contractor Crabapple Streetscape 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 Sept, 13 , 2013 in Orl (city), FL(vcff}. Sign ure of Authorized Office or Agent Donna M. Huey, Senior Vice President 110 V-%r%O.- M- j Printed Name and Title of A horized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE 13 DAY Of Sept. - - _ ,201 3 . 4AIYU NOTARY PUBLIC Kirstin Copenhaver [NOTARY SEAL) NOTARY PUBLIC Cobb County, GEORGIA My Commission Expires My Commission Expires: 8/23/2015 HOME OF 'THE B. MILTO .. N ESTABLISHED 2006 TO: City Council CITY COUNCIL AGENDA ITEM DATE: September 26, 2013 FROM: City Manager AGENDA ITEM: Approval of a Professional Services Agreement between the City of Milton and Pond & Company for SR 9 (Alpharetta Highway) at Bethany Bend Intersection Concept Study, MEETING DATE: Monday, October 7, 2013 Regular City Council Meeting. BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: O APPROVED CITY ATTORNEY APPROVAL REQUIRED: YES CITY ATTORNEY REVIEW REQUIRED:/) YES APPROVAL BY CITY ATTORNEY kAPPROVED PLACED ON AGENDA FOR: REMARKS /00-713 © Your -- — PHONE: 578.242.25001 FAX: 678.242.2499 info@cityofmiltonga.us 1 www.cityofmiltonga.vs 13000 Deerfield Parkway, 5uite 107 1 Milton GA 30004 O NOT APPROVED O NO () NO () NOT APPROVED -Greenv Community CC-f�- ED 013',NZi #C miiied* Ta'_700 "y city Of 1 7 E&cs p c� To: Honorable Mayor and City Council Members From: Sara Leaders, PE – Transportation Engineer Date: Submitted on September 24, 2013 for the October 7, 2013 Regular Council Meeting Agenda Item: Approval of a Professional Services Agreement between the City of Milton and Pond & Company for SR 9 (Alpharetta Highway) at Bethany Bend Intersection Concept Study ____________________________________________________________________________ Department Recommendation: Staff is recommending approval of the Professional Services Agreement. 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 City received Federal funding to conduct a concept study, issued an RFQ and received 6 proposals. The goal of this concept study 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 alternatives. In accordance with the city’s standard procurement procedures and federal policies staff reviewed the submittals and is recommending approval of the Professional Services Agreement with Pond for the concept study in the amount of $73,710. Funding and Fiscal Impact: Funding for this project is available in the SR 9 at Bethany Bend Capital Grant account and 80% is reimbursable. Legal Review: Jarrard & Davis – Paul Higbee 9/19/2013 Attachment(s): Professional Services Agreement M1 ♦ 1EL 1 FUO *k ESTABLISHED Npb PROFESSIONAL SERVICES AGREEMENT SR 9 (ALPHARETTA HIGHWAY) AT BETHANY BEND INTERSECTION CONCEPTSTUDY This Agreement made and entered into this day of , in the year 2013, 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 Pond & Company ("Consultant") having its principle place of business at 3500 Parkway Lane, Suite 600, Norcross, Georgia 30092. WHEREAS, the City issued a Request For Qualifications (13-PWI1 SR 9 Alpharetta Highway at Bethany Bend Intersection Concept Study), to solicit proposals from qualified firms for professional services to develop a concept study for the intersection improvements at SR 9 and Bethany Bend; and WHEREAS, based upon Consultant's proposal to provide these services as required by the Request for Qualifications documents, the City has selected Consultant as the winning firm, and WHEREAS, Consultant has agreed to perform such work as set forth in this Agreement, according to the terms and conditions provided in this Agreement; and WHEREAS, Consultant has familiarized itself with the nature and extent of the Contract Documents, the Project, and the Work, with all local conditions and federal, state and local laws, ordinances, rules and regulations in any manner that may affect cost, progress or performance of work, and Contractor is aware that he must be licensed to do business in the State of Georgia. NOW THEREFORE, the City and Consultant, in consideration of the mutual promises contained herein and other good and valuable consideration, the sufficiency of which is hereby acknowledged, agree as follows: 1.0 Contract Documents This Agreement and the following named Exhibits, attached hereto and incorporated herein by reference, constitute the "Contract Documents": EXHIBIT A SCOPE OF WORK EXHIBIT B FEE SCHEDULE EXHIBIT C INSURANCE CERTIFICATE EXHIBIT D CONSULTANT AFFIDAVIT EXHIBIT E SUBCONSULTANT AFFIDAVIT To the extent that there may be any conflict among the Contract Documents, the provision operating most to the benefit of the City shall govern. 2.0 Scope of Work; Compensation 2.1 The Consultant agrees to provide all Services specified in Exhibit "A" and Exhibit `B." 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. 2.2 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. Reimbursable expenses shall be billed at the direct rate; no mark- up or administrative fees will be paid by the City. Mileage shall be billed at a rate no greater than the standard IRS mileage rate. 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 total fee of $73,710 (the "Contract Price") for the following tasks without prior written approval from the City. Task 1- Data Collection Task 2- Traffic Operations and Safety Assessment Task 3- Develop Improvement Scenarios Task 4- Environmental Screening Task 5- Prepare Improvement Scenarios Presentation and Concept Plans Task 6- Public Outreach Task 7- Concept Report and Deliverables 2.3 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. 2.4 The City reserves the right to order changes in the Work to be performed under this Agreement by altering, adding to, or deducting from the Work. All such changes shall be incorporated in written change orders executed by the Consultant and the City. Such change orders shall specify the changes ordered and any necessary adjustment of compensation and completion time. If the Parties cannot reach an agreement on the terms for performing the changed work within a reasonable time to avoid delay or other unfavorable impacts as determined by the City in its sole discretion, the City shall have the right to determine reasonable terms and the Consultant shall proceed with the changed work. 2.5 Any work added to the scope of this Agreement by a change order shall be executed under all the applicable conditions of this Agreement. No claim for additional compensation or extension of time shall be recognized, unless contained in a written change order duly executed on behalf of the City and the Consultant. 2.6 The City Manager has authority to execute without further action of the Milton City Council, any number of change orders so long as their total effect does not materially alter the terms of this Agreement or materially increase the total amount to be paid under this Agreement. Any such change orders materially altering the terms of this Agreement or increasing the total amount to be paid under this Agreement in excess of $25,000, must be approved by resolution of the Milton City Council. 3.0 Independent Contractor 3.1. The Consultant is an independent Contractor. The Consultant is not an employee, agent or representative of the City of Milton. The Consultant shall obtain and maintain, at the Consultant's expense, all permits, license or approvals that may be necessary for the performance of the services. 3.2 Inasmuch as the City of Milton and the Consultant are entities independent of one another, neither has the authority to bind the other to any third person or otherwise to act in any way as the representative of the other, unless otherwise expressly agreed to in writing signed by both parities hereto. The Consultant agrees not to represent itself as the City's agent for any purpose to any 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. 4.0 Indemnification The Consultant covenants and agrees to take and assume all responsibility for the services rendered in connection with this Agreement. The Consultant shall bear all losses and damages directly or indirectly resulting to it on account of the performance or character of the services rendered pursuant to this Agreement. Consultant shall defend, indemnify and hold harmless the City, its officers, boards, commissions, elected and appointed officials, employees and agents from and against any and all claims, suits, actions, liability, judgments, damages, losses, and expenses, including but not limited to, attorney's fees, which may be the result of willful, negligent or tortuous conduct arising out of the Work, performance of contracted services, or operations by the Consultant, any sub -consultant, anyone directly or indirectly employed by the Consultant or sub -consultant or anyone for whose acts the Consultant or sub -consultant may be liable, regardless of whether or not the offending act is caused in part by a parry indemnified hereunder. Such obligation shall not be construed to negate, abridge, or otherwise reduce any other right or obligation of indemnity which would otherwise exist as to any party or person described in this provision. In any and all claims against the City or any of its agents or employees, by any employee of the Consultant, any sub -consultant, anyone directly or indirectly employed by the Consultant or sub -consultant or anyone for whose acts the Consultant or sub - consultant may be liable, the indemnification obligation set forth in this provision shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the Consultant or any sub -consultant under workers' or workmen's compensation acts, disability benefit acts or other employee benefit acts. This obligation to indemnify and defend the City, its members, officers, agents, employees and volunteers shall survive termination of this Agreement. 5.0 Insurance (1) Requirements: The Consultant shall have and maintain in full force and effect for the duration of this Agreement, insurance insuring against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Work by the Consultant, its agents, representatives, employees or sub -consultants. All policies shall be subject to approval by the City Attorney to form and content. These requirements are subject to amendment or waiver if so approved in writing by the City Manager. (2) Minimum Limits of Insurance: Consultant shall maintain limits no less than: (a) Comprehensive General Liability of $1,000,000 combined single limit per occurrence for bodily and personal injury, sickness, disease or death, injury to or destruction of property, including loss of use resulting there from. (b) Comprehensive Automobile Liability (owned, non -owned, hired) of $1,000,000 combined single limit per occurrence for bodily and personal injury, sickness, disease or death, injury to or destruction of property, including loss of use resulting there from. (c) Professional Liability of $1,000,000 limit for claims arising out of professional services caused by the Consultant's errors, omissions, or negligent acts. (d) Workers' Compensation limits as required by the State of Georgia and employers Liability limits of $1,000,000 per accident. (3) Deductibles and Self -Insured Retentions: Any deductibles or self-insured retentions must be declared to and approved by the City. (4) Other Insurance Provisions: The policy is to contain, or be endorsed to contain, the following provisions: (a) General Liability and Automobile Liability Coverage. (i) The City, its officials, employees, agents and volunteers are to be covered as insured as respects: liability arising out of activities performed by or on behalf of the Consultant; products and completed operations of the Consultant; premises owned, leased, or used by the Consultant; automobiles owned, leased, hired, or borrowed by the Consultant. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officials, employees, agents or volunteers. (ii) The Consultant's insurance coverage shall be primary noncontributing insurance as respects to any other insurance or self-insurance available to the City, its officials, employees, agents or volunteers. Any insurance or self-insurance maintained by the City, its officials, employees or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. (iii) Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its officials, employees, agents or volunteers. (iv) Coverage shall state that the Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (v) Coverage shall be provided on a "pay on behalf' basis, with defense costs payable in addition to policy limits. There shall be no cross liability exclusion. (vi) The insurer agrees to waive all rights of subrogation against the City, its officials, employees, agents and volunteers for losses arising from work performed by the Consultant for the City. (vii) All endorsements to policies shall be executed by an authorized representative of the insurer. (b) Workers' Compensation Coverage. The insurer will agree to waive all rights of subrogation against the City, its officials, employees, agents and volunteers for losses arising from work performed by the Consultant for the City. (c) All Coverages. (i) Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled, reduced in coverage or in limits except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. (ii) Policies shall have concurrent starting and ending dates. (iii) Policies shall include an endorsement incorporating the Indemnification obligations assumed by the Contractor under the terms of this Agreement, including but not limited to Section 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 A: VII. (6) Verification of Coverage: Consultant shall furnish the City with certificates of insurance and endorsements to the policies evidencing coverage required by this clause prior to the start of work. The certificates of insurance and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificate of insurance and endorsements shall be on a form utilized by Consultant's insurer in its normal course of business and shall be received and approved by the City prior to execution of this Agreement by the City. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. The Consultant shall provide proof that any expiring coverage has been renewed or replaced at least two (2) weeks prior to the expiration of the coverage. (7) Sub -consultants: Consultant shall include all sub -consultants as insured under its policies or shall furnish separate certificates and endorsements for each sub -consultant. All coverage for sub -consultants shall be subject to all of the requirements stated in this Agreement, including but not limited to naming the parties as additional insured. (8) Claims -Made Policies: Consultant shall extend any claims -made insurance policy for at least six (6) years after termination or final payment under the Agreement, whichever is later. (9) City as Additional Insured and Loss Pam The City shall be named as an additional insured and loss payee on all policies required by this Agreement. 6.0 Term; Termination The term of this Agreement shall be from September 5, 2013 and shall terminate absolutely and without further obligation on the part of the City on December 31, 2013, provided that this Agreement, absent written notice of non -renewal provided by the City to Consultant at least thirty (30) days prior to December 31, 2013, shall automatically renew on January 1, 2014 to December 31, 2014. Except as otherwise provided for in Exhibit "A", the City may terminate this Agreement upon a breach of any provision of this Agreement by Consultant and Consultant's subsequent failure to cure such breach within fifteen (15) days of receipt from the City of a written notice of the breach. Title to any supplies, materials, equipment, or other personal property shall remain in the Consultant until fully paid by the City. 7.0 Compliance with All Laws and Licenses The Consultant must obtain all necessary licenses and comply with local, state and federal requirements. The Consultant shall comply with all laws, rules and regulations of any governmental entity pertaining to its performance under this Agreement. 8.0 Assignment The Consultant shall not assign or subcontract the whole or any part of this Agreement without the City of Milton's prior written consent. 9.0 Amendments in Writing No amendments to this Agreement shall be effective unless it is in writing and signed by duly authorized representatives of the parties. 10.0 Expertise of Consultant Consultant accepts the relationship of trust and confidence established between it and the City, recognizing that the City's intention and purpose in entering into this Agreement is to engage an entity with the requisite capacity, experience, and professional skill and judgment to provide the services in pursuit of the timely and competent completion of the Work undertaken by Consultant under this Agreement. 11.0 Governing Law This Agreement shall be governed in all respects by the laws of the State of Georgia. 12.0 Interpretation of Documents In the event of a conflict in language between this Agreement and any exhibit to this Agreement, the provisions most favorable to the City shall govern. 13.0 Entire Agreement This Agreement constitutes the entire Agreement between the parties with respect to the subject matter contained herein; all prior agreements, representations, statements, negotiations, and undertakings are suspended hereby. Neither party has relied on any representation, promise, nor inducement not contained herein. 14.0 Waiver of Agreement The City's failure to enforce any provision of this Agreement or the waiver in a particular instance shall not be construed as a general waiver of any future breach or default. 15.0 Sovereign Immunity Nothing contained in this Agreement shall be construed to be a waiver of the City's sovereign immunity or any individual's qualified good faith or official immunities. 16.0 Notices All other notices, writings or correspondence as required by this Agreement shall be in writing and shall be deemed received, and shall be effective, when: (1) personally delivered, or (2) on the third day after the postmark date when mailed by certified mail, postage prepaid, return receipt requested, or (3) upon actual delivery when sent via national overnight commercial carrier to the Parties at the addresses given below, unless a substitute address shall first be furnished to the other Parties by written notice in accordance herewith: NOTICE TO THE CITY shall be sent to: City Manager City of Milton 13000 Deerfield Parkway, Suite 107F Milton, Georgia 30004 NOTICE TO THE CONSULTANT shall be sent to: R. Brian Bolick, PE Pond & Company 3500 Parkway Lane, Suite 600 Norcross, Georgia 30092 17.0 No Personal Liability No member, official or employee of the City shall be personally liable to the Consultant or any successor in interest in the event of any default or breach by the City or for any amount which may become due to the Consultant or successor or on any obligation under the terms of this Agreement. Likewise, Consultant's performance of services under this Agreement shall not subject Consultant's individual employees, officers or directors to any personal liability. The Parties agree that their sole and exclusive remedy, claim, 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. 18.0 Employment of Unauthorized Aliens Prohibited (1) E-VerifyAffiidavits It is the policy of the City of Milton that unauthorized aliens shall not be employed to perform work on City contracts involving the physical performance of services. Therefore, the City shall not enter into a contract for the physical performance of services within the State of Georgia, unless the Contractor shall provide evidence on City -provided forms, attached hereto as Exhibits "D" and "E" that it and Contractor's subcontractors have within the previous twelve (12) month period conducted a verification of the social security numbers of all employees who will perform work on the City contract to ensure that no unauthorized aliens will be employed. The City Manager or his/her designee shall be authorized to conduct an inspection of the Contractor's and Contractor's subcontractors' verification process to determine that the verification was correct and complete. The Contractor and Contractor's subcontractors shall retain all documents and records of its verification process for a period of three (3) years following completion of the contract. This requirement shall apply to all contracts for the physical performance of services where more than three (3) persons are employed on the City contract. The City Manager or his/her designee shall further be authorized to conduct periodic inspections to ensure that no City Contractor or Contractor's subcontractors employ unauthorized aliens on City contracts. By entering into a contract with the City, the Contractor and Contractor's subcontractors agree to cooperate with any such investigation by making its records and personnel available upon reasonable notice for inspection and questioning. Where a Contractor or Contractor's subcontractors are found to have employed an unauthorized alien, the City Manager or his/her designee may order the Contractor to terminate or require its subcontractor to terminate that person's employment immediately and to report same to the Department of Homeland Security. The Contractor's failure to terminate the employee, or otherwise cooperate with the investigation may be sanctioned by termination of the contract, and the Contractor shall be liable for all damages and delays occasioned by the City thereby. Compliance with the requirements of O.C.G.A. § 13-10-91 and Rule 300-10-1-.02 is mandatory. Contractor agrees that, in the event the Contractor employs or contracts with any subcontractor(s) in connection with this Agreement, the Contractor will secure from the subcontractor(s) such subcontractor(s') indication of the above employee -number category that is applicable to the subcontractor. Contractor's compliance with the requirements of O.C.G.A. § 13-10-91 and Rule 300-10-1-.02 shall be attested by the execution of the contractor's affidavit attached as Exhibit "D." The above requirements shall be in addition to the requirements of State and federal law, and shall be construed to be in conformity with those laws. 19.0 Title VI Compliance Requirements In accordance with Title VI of the Civil Rights Act, as amended, 42 U.S.C. § 2000d, section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6102, section 202 of the Americans with Disabilities Act of 1990, 42 U.S.C. § 12132, and all other provisions of Federal law, the Consultant agrees that, during performance of this Agreement, Consultant, for itself, its assignees and successors in interest, will not discriminate against any employee or applicant for employment, any subcontractor, or any supplier because of race, color, creed, national origin, gender, age or disability. In addition, Consultant agrees to comply with all applicable implementing regulations and shall include the provisions of this Section IV(R) in every subcontract for services contemplated under this Agreement. IN WITNESS WHEREOF, the parties 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. [SIGNATURES ON THE FOLLOWING PAGE] Pond & Company By: R. Brian Bolick, PE Its: Vice President/Principal SIGNED, SEALED, AND DELIVERED ina prese ce of: Z"4pt. Roseana D. Richards Cprporate SecreAuy Notary roe+p• _ '•" ly ruoilc, Georg a [NOT SE i, Cherokee County My C,erpmifsion Expires My Commission [AFFIX CORPORATE SEAL] CITY OF MILTON: By: Joe Lockwood Its: Mayor [CITY SEAL] PROJECT LOCATION 1�I EXHIBIT "A" Scope of Work PROJECT I _ _- (� 9% Alpharetta Tidwell Rd �c 5erenede C, F°j y IL — —S N S ee ° T Webb Rd _ O d 1)ovev r`w . 3 tip � SLI ��� �� • \ — �^ /•.J �UIfCJ• J �_� e�9M1 Ln °C� � � J ~—;irtonl. ,.. hi -d i Trclllsy ae 0 c x O o 3e` � �a d °cam I PROJECT DESCRIPTION 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 CTP identified this intersection as having the second highest number of accidents in the City. Traffic studies of this intersection were analyzed in 2009 as part of the new Cambridge High School located at the intersection of Bethany Bend and Cogbum Road, approximately 0.5 miles from SR 9 at Bethany Bend. Recommendations for improvements have been explored but because of the current skew and development on all corners, a short term fix would be very difficult to construct. Ultimately, improvements to this intersection should address vehicular and freight operations, safety, and pedestrian/bicycle accessibility. GENERAL SCOPE OF SERVICES 1. It shall be the consultant's responsibility to design, prepare, assemble and coordinate the necessary documents to complete the project. The completed project must comply with all applicable local, state, and federal environmental laws and regulations. 2. This is a federal funded project that will follow the Georgia Department of Transportation's Plan Development Process. The design must comply with the latest Americans with Disabilities Act (ADA) requirements and the Georgia Department of Transportation's Standard Specifications for the preparation of roadway construction plans. 3. Consultant and/or subconsultants shall be GDOT prequalified in areas 1.02, 1.10 and 1.13 (planning), 1.06a —1.06g (environmental), 3.01 - 3.02 and 3.06 - 3.07 (design), and 3.13 (pedestrian) 4. At a minimum, the following standards shall be utilized for the project: a. Georgia Department of Transportation (GDOT) Design Policy Manual (current edition), and applicable addenda. b. Georgia Department of Transportation (GDOT) Standards and Specifications (current edition), and applicable addenda. c. AASHTO Standards, latest edition and applicable addenda, including Design of Pavement Structures, Policy on Geometric Design of Highways and Streets, Roadside Design Guide, and applicable addenda. d. Manual on Uniform traffic Control Devices (MUTCD) current edition, and applicable errata. e. City of Milton Code of Ordinances. SPECIFIC SCOPE OF SERVICES Consultant shall conduct an engineering and feasibility study to develop alternative concepts for the proposed intersection improvements at SR 9 (Alpharetta Highway) and Bethany Bend. 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 need to include design features that would be aesthetically pleasing and complement area and to develop in a way that is physically possible and cost effective. The costs to design and construct each concept as well as acquire property need to be estimated. The consultant should provide a complete set of concept plans and a GDOT approved concept report for this project. The engineering/design items include, but are not limited to, the following tasks: Task 1: Data Collection Collect the base data needed to analyze existing conditions and determine general travel characteristics in the vicinity of the intersection. The data to be collected or obtained includes: a. Average Daily Traffic (ADTs) volumes on all approaches to the intersection of SR 9 and Bethany Bend a. Include 24 hour volumes at shopping center on northwest comer of intersection driveway on Bethany Bend, CVS driveway on Bethany Bend, and Gas station driveways at SR 9 and full access driveway on Bethany Bend b. Turning movement counts at the intersection of SR 9 and Bethany Bend (peak hour and daily) c. Data as needed for the intersections of Bethany Bend at Morris Road/McGinnis Ferry Road, Bethany Bend at Cogburn Road, SR 9 at Creek Club Drive, and SR 9 at Deerfield Parkway d. Accident history around the intersection of SR 9 and Bethany Bend (within the past 5 years) e. Pedestrian features and facilities as proposed in the SR 9 Design Guidelines, SR 9 LCI Study, SR 9 North Visioning Study, and City of Milton Trail Master Plan (crosswalks, pedestrian actuated signals and sidewalks) f. Trip generation rates for area generators g. The City of Milton can provide the following mapping information to be used in concept layouts: a. 2 -foot aerial topography b. 2010 aerial photography c. Available survey data collected by GDOT as part of project PI 0007838 d. Consultant will be expected to review the aerial topography to confirm that it matches current conditions within the study area Task 2: Traffic Operations and Safety Assessment The data collected under Task 1 will be tabulated, summarized, analyzed, and assessed to identify base conditions and existing traffic operations. Analyses will include, but not limited to, intersection level of service calculations (overall and each direction for intersections), determination of roadway capacity, vehicular and pedestrian safety problems, and operating speeds and delay. Future (build year) traffic volumes, patterns and operating conditions will be calculated and compared with base year metrics. The assessment of traffic operations in the area will also include an estimation and simulation of traffic patterns based on the future project of traffic growth in the area. This task shall include a site distance evaluation for all legs of the existing and proposed intersection. Task 3: Develop Improvement Scenarios Based on the results of the traffic and safety assessment, at least three (3) possible scenarios for improving the intersection will be developed. Traffic flows will be developed based on the realignment scenario and intersections levels of service. Traffic modeling of the proposed scenarios may include, but not be limited to, a traffic signal warrant analysis and a roundabout analysis. The concept plans need to address possible relocation of underground utilities and any utilities that may need to be shifted to the new right-of-way for the road. Short term or phased recommended improvements shall be provided as part of this task. Task 4: Environmental Screening Consultant shall conduct an environmental screening of the project area. The improvement scenarios that are developed will determine the corridor to be studied. The following services will be provided: a. Review existing mapping of project area to identify potentially sensitive environmental concerns, including, but not limited to, historic resources, archaeological resources, jurisdictional wetlands/streams, state and federally protected threatened and endangered plan and wildlife species, and USTs. b. Review available land use and zoning data for the project area to identify sensitive land uses or conditions that should be considered in the proposed design. c. Visit project site to determine the presence of resources not previously documented. d. Prepare an environmental screening document detailing the findings of the background research and field surveys. Task 5: Prepare Improvement Scenarios Presentation and Concept Plans Prepare a schematic plan for the proposed intersection improvements that meets the project design objectives. The concept plans and presentation will include: a. Layout of the concept plans at a scale of 1" = 40', b. Typical cross section, including pedestrian and bicycle elements to be included on layout; c. 3-D visualization and simulation in format that can be loaded on project website and used at public meeting; d. Estimate property acquisition, including both partial and full property takes, and right-of- way costs for all alternatives; e. Estimate design and construction costs for all alternatives; f Summary of Traffic impact analysis of proposed concepts. Task 6: Public Outreach The project study will include a public outreach effort that will adhere to the principles of a Context Sensitive Solutions approach. It will include a public information meeting, survey/comment cards for the public meeting and the city's website, and project information, documents and plans for the project website. The public will be provided an on-going opportunity to provide input and comment on the project and concept alternatives. A public information meeting will be held to present all concept alternatives. The consultant will be required to attend and participate in the public information meeting; provide update and information regarding the study for posting on the city's website with clear links to any reports and documents prepared during the study as well as a way to comment on the study. Task 7: Concept Report and Deliverables A GDOT concept report will be prepared by the Consultant and reviewed and approved by the City and GDOT. The final report will be a synthesis of the data collection, analyses, assessments, public input and recommendations. Based on all of the information acquired during this process the Consultant shall provide a recommended alternative. Deliverables a. Traffic Impact and Safety Assessment Report b. Improvement Scenarios Summary c. Concept Plan Layouts d. Public Outreach Findings e. Final Feasibility Study and Recommended Alternative EXHIBIT "B" Fee Schedule EXHIBIT "C" Insurance Certificate EXHIBIT "D" CONTRACTOR AFFIDAVIT AND AGREEMENT STATE OF GEORGIA CITY OF MILTON By executing this affidavit, the undersigned contractor verifies its compliance with O.C.G.A. § 13-10-91, stating affirmatively that the individual, firm, or corporation which is 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 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: 1--50y-b eVerify Number Dec. ai , 2008 Date of Authorization Pond & Company Name of Contractor SR 9 at Bethany Bend Concept Study Name of Project City of Milton Name of Public Employer I hereby declare under penalty of perjury that the foregoing is true and correct. S Executed on §*t25, 2013 in NOY cI , re o uthorized O Icer or Agent • " Reswras x. adDr Name and Title of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE 2 DAY OF My Notary Public. Georgia Cherokee County My Corgmi;sion Expires EXHIBIT "E" 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 Pond & Company 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: N3 '�-) "� ( ) I hereby declare under penalty of perjury that the eVerify Number foregoing istrue and correct. p 1) r'zOl �� tedott F Yt ,25201`Sinw` (city Date of Authorization (state)). TTrame of Subcontractor S ture of Authorized Yfficerior A (� SR 9 at Bethany Bend Concept Study n r i +, (( c� n``ve Printed Name and Title 4f Auth rized Officer or Name of Project Agent City of Milton Name of Public Employer SUBSCRIBE SWORN BEFORE ME ON S T �1" DA�OF OI _ NOTARY PUBLIC [NOTARY SEAL) EFULTC ANNNOTNOMAS NCOUNTYF GEORGIA Expires April 5, 2018 HOME OF'HE BEST QUALITY OF LIFE. IN GEORGIA' I LTON11P ESTABLISHED 2006 TO: City Council CITY COUNCIL AGENDA ITEM DATE: September 26, 2013 FROM: City Manager AGENDA ITEM: Approval of a Professional Services Agreement between the City of Milton and Industrial Facilities Solutions, LLC for Stormwater Structure Repairs on Mountain, Dorris and Darby Roads. MEETING DATE: Monday, October 7, 2013 Regular City Council Meeting. BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (APPROVED O NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: YES () NO CITY ATTORNEY REVIEW REQUIRED. YES () NO APPROVAL BY CITY ATTORNEY APPROVED O NOT APPROVED PLACED ON AGENDA FOR: REMARKS 19-10youm *** PHONE: 678.242.25001 FAX: 678.242.2499 rte: w Green � ; 7�,t a ; T°p .100 info@cityofmiitonga.us I www.cityofmiltonga.us Coirnmunity �h,�i3 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 EP `"` "ArE V To: Honorable Mayor and City Council Members From: Carter Lucas, Public Works Director Date: Submitted on October 1, 2013 for the October 7, 2013 Regular Council Meeting Agenda Item: Approval of a Construction Services Agreement between the City of Milton and Industrial Facilities Solutions, LLC. for Stormwater System Repairs on Mountain Road, Dorris Road and Darby Road ____________________________________________________________________________ Department Recommendation: Approval. Executive Summary: The project is to make pipe repairs and install headwalls at three locations to provide better support for the ends of the pipes. Failure to perform these repairs at this time could result in further settlement and deterioration of the culverts at Dorris and Mountain Roads. The system on Darby road has become completely clogged with gravel being washed from the road surface and is no longer functional. This is a shallow 18” RCP system with some damage to the existing pipe and is more economical to replace than to attempt to clean and repair. In accordance with the city procurement procedures a Request for Bids was issued and 4 bids were submitted. Industrial Facilities Solutions, LLC was determined to be the lowest reliable bidder. Staff is recommending approval of a Construction Services Agreement with Industrial Facilities Solutions, LLC in the amount of $42,391. Table 1. Bid Summary Firm Bid Industrial Facilities Solutions, LLC $42,391 Tri Scapes, Inc. $64,405 D&H Construction Company $81,490 Georgia Development Partners, LLC $88,466.84 Funding and Fiscal Impact: Funding for this project is available in the Repair Major Stormwater Structures budget in the Public Works Department. Alternatives: There are no alternatives to this project. Legal Review: Jarrard & Davis, LLP – Paul Higbee, 9/3/2013 Concurrent Review: Chris Lagerbloom, City Manager Attachment(s): Construction Services Agreement MILT -11 o"' :� NX S CONSTRUCTION SERVICES AGREEMENT FOR Miscellaneous Stormwater System Improvements This Agreement (the "Agreement") to provide miscellaneous stormwater system improvements is made and entered into this —day of , 2013, by and between the CITY OF MILTON, a municipal corporation of the State of Georgia, acting by and through its governing authority, the Milton City Council (hereinafter referred to as the "City"), Industrial Facilities Solutions, LLC, a Georgia corporation with its principal place of business located at P.O. Box 618, Murrayville, Georgia 30564 (hereinafter referred to as the "Contractor"). WITNESSETH: WHEREAS, the City issued an Invitation to Bid for Miscellaneous Stormwater System Improvements; and WHEREAS, based upon Contractor's bid to construct the repairs as required by the bid documents, the City has selected Contractor as the winning bidder; and WHEREAS, Contractor has agreed to perform such work as set forth in this Agreement, according to the terms and conditions provided in this Agreement; and WHEREAS, Contractor has familiarized itself with the nature and extent of the Contract Documents, the Project, and the Work, with all local conditions and federal, state and local laws, ordinances, rules and regulations in any manner that may affect cost, progress or performance of work, and Contractor is aware that he must be licensed to do business in the State of Georgia. NOW THEREFORE, the City and Contractor, in consideration of the mutual promises contained herein and other good and valuable consideration, the sufficiency of which is hereby acknowledged, agree as follows: Section 1 Contract Documents The following documents are incorporated herein by reference and constitute the Contract Documents: A. This Agreement (18 Pages); B. Invitation to Bid ITB (68 Pages), attached hereto as Exhibit "A"; C. Bid from Contractor (1 Page), attached hereto as Exhibit `B"; D. Performance and Other Bonds, attached hereto collectively as Exhibit "C"; E. Non -collusion Affidavit of Prime Proposer, attached hereto as Exhibit "D", F. Contractor Affidavit and Agreement, attached hereto as Exhibit "E"; G. Subcontractor Affidavit, attached hereto as Exhibit "F"; H. Plans and specifications, attached hereto collectively as Exhibit "G", Final Affidavit, attached hereto as Exhibit "H", The following which may be delivered or issued after the Effective Date of the Agreement and are not attached hereto: All Written Amendments and other documents amending, modifying, or supplementing the Contract Documents if properly adopted in writing and executed by the Parties; and K. City of Milton Code of Ethics. In the event of any discrepancy among the Contract Documents, that provision that inures most to the benefit of the City, as determined by the City in its sole discretion, shall govern. Section 2 Project Description The scope of this project generally consists of repairs to stormwater structures a 3 locations; Mountain Road, Dorris Road and Darby Road as described in the Invitation to Bid provided herein as Exhibit "A". Section 3 The Work The Work is specified and indicated in the Contract Documents (the "Work"). In the event of any discrepancy among the Contract Documents, the provision operating most to the benefit of the City, as determined by the City in its sole discretion, shall govern. The Work previously described includes all material, labor, insurance, tools, equipment, and any other miscellaneous items necessary to complete the Work as described. Contractor shall complete the Work in strict accordance with the Contract Documents. Section 4 Contract Time This Contract shall take effect on . Contractor agrees to complete the Project within 21 calendar days from the date of Notice to Proceed. Every effort will be made by Contractor to shorten this period. 2 Section 5 Contractor's Compensation; Time and Method of Payment A. The total amount paid under this Agreement shall not, in any case, exceed $42,391, except as outlined in Section 6 below. City agrees to pay the Contractor for the work upon certification by the City that the Work was actually performed and costs actually incurred in accordance with the Agreement. This amount shall include all use, lease, or other taxes, and all expenses for personnel and equipment (including fuel) that Contractor will incur to provide the Work. Unless otherwise agreed in writing signed by both Parties, the compensation payable by the City to Contractor is limited to the price amount set forth in the Proposal Submittal Form, and City will not pay any other sum attributable to taxes, costs or expenses that Contractor may incur in providing the Work. B. Compensation for Work performed shall be paid to the Contractor upon receipt and approval by the City of invoices setting forth in detail the Work performed. Invoices shall be submitted on a monthly basis, and such invoices shall reflect charges incurred versus charges budgeted. Each invoice shall be accompanied by an Interim Waiver and Release upon Payment (or a Waiver and Release upon Final Payment in the case of the invoice for final payment) procured by the Contractor from all subcontractors in accordance with O.C.G.A. § 44-14-366. C. As long as the gross value of the completed work is less than 50% of the total contract amount and/or when satisfactory progress has not been achieved by the Contractor during any period for which payment is to be made, the City may retain a percentage of said payment, not to exceed ten percent (10%) of the maximum Contract Price to ensure performance of the Agreement. Said cause and progress shall be determined by the City, in its sole discretion, based on its assessment of any past performance of the Contractor and likelihood that such performance will continue. Upon completion of all contract requirements, retained amounts shall be paid promptly less any offsets or deductions authorized hereunder or by law. D. Any material deviations in tests or inspections performed, times or locations required to complete such tests or inspections and like deviations from the Work described in this Agreement shall be clearly communicated to the City before charges are incurred and shall be handled through change orders or construction change directives as described in Section 6 below. All invoices should be submitted to Rick Pearce (Budget and Procurement Coordinator), for approval. The City shall pay the Contractor within thirty (30) days after approval of the invoice by the City. No payments will be made for unauthorized work. Payment will be sent to the designated address by U.S. Mail only; payment will not be hand -delivered. E. The City may withhold payment or final payment for reasons including, but not limited to, the following: unsatisfactory job performance or progress, defective work, disputed work, failure to comply with material provisions of the 3 Agreement, third party claims filed or reasonable evidence that a claim will be filed or other reasonable cause. Section 6 Work Changes A. The City reserves the right to order changes in the Work to be performed under this Agreement by altering, adding to, or deducting from the Work. All such changes shall be incorporated in written change orders executed by the Contractor and the City. Such change orders shall specify the changes ordered and any necessary adjustment of compensation and completion time. If the Parties cannot reach an agreement on the terms for performing the changed work within a reasonable time to avoid delay or other unfavorable impacts as determined by the City in its sole discretion, the City shall have the right to determine reasonable terms and the Contractor shall proceed with the changed work. B. Any work added to the scope of this Agreement by a change order shall be executed under all the applicable conditions of this Agreement. No claim for additional compensation or extension of time shall be recognized, unless contained in a written change order duly executed on behalf of the City and the Contractor. C. The City Manager has authority to execute without further action of the Milton City Council, any number of change orders so long as their total effect does not materially alter the terms of this Agreement or materially increase the total amount to be paid under this Agreement. Any such change orders materially altering the terms of this Agreement or increasing the total amount to be paid under this Agreement in excess of $25,000, must be approved by resolution of the Milton City Council. Section 7 Covenants of Contractor. A. Ethics Code Contractor agrees that it shall not engage in any activity or conduct that would be in violation of the City of Milton Code of Ethics. B. Time is of the Essence Contractor specifically acknowledges that TIME IS OF THE ESSENCE for completion of the Project. C. Expertise of Contractor Contractor accepts the relationship of trust and confidence established between it and the City, recognizing that the City's intention and purpose in entering into this Agreement is to engage an entity with the requisite capacity, experience, and 4 professional skill and judgment to provide the services in pursuit of the timely and competent completion of the Work undertaken by Contractor under this Agreement. D. Budgetary Limitations Contractor agrees and acknowledges that budgetary limitations are not a justification for breach of sound principals of Contractor's profession and industry. Contractor shall take no calculated risk in the performance of the Work. Specifically, Contractor agrees that, in the event it cannot perform the Work within the budgetary limitations established without disregarding sound principals of Contractor's profession and industry, Contractor will give written notice immediately to the City. E. City's Reliance on the Work The Contractor acknowledges and agrees that the City does not undertake to approve or pass upon matters of expertise of the Contractor and that; therefore, the City bears no responsibility for Contractor's services performed under this Agreement. The Contractor acknowledges and agrees that the acceptance of Work by the City is limited to the function of determining whether there has been compliance with what is required to be produced under this Agreement. The City will not, and need not, inquire into adequacy, fitness, suitability or correctness of Contractor's performance. Contractor further agrees that no approval of designs, plans, specifications, or work by any person, body or agency shall relieve Contractor of the responsibility for adequacy, fitness, suitability, and correctness of Contractor's professional and industry standards or for performing services under this Agreement in accordance with sound and accepted professional and industry principals. F. Contractor's Reliance of Submissions by the City Contractor must have timely information and input from the City in order to perform the services required under this Agreement. Contractor is entitled to rely upon information provided by the City, but Contractor shall be required to provide immediate written notice to the City if Contractor knows or reasonably should know that any information provided by the City is erroneous, inconsistent, or otherwise problematic. G. Contractor's Representative �p A c? to B go0.1 b.) shall be authorized to act on Contractor's behalf with respect to the Work as Contractor's designated representative. 5 H. Assignment of Agreement The Contractor covenants and agrees not to assign or transfer any interest in, nor delegate any duties of this Agreement, without the prior express written consent of the City. I. Responsibility of Contractor and Indemnification of City The Contractor covenants and agrees to take and assume all responsibility for the services rendered in connection with this Agreement. The Contractor shall bear all losses and damages directly or indirectly resulting to it on account of the performance or character of the services rendered pursuant to this Agreement. Contractor shall defend, indemnify and hold harmless the City, its officers, boards, commissions, elected and appointed officials, employees and agents from and against any and all claims, suits, actions, liability, judgments, damages, losses, and expenses, including but not limited to, attorney's fees, which may be the result of willful, negligent or tortuous conduct arising out of the Work, performance of contracted services, or operations by the Contractor, any subcontractor, anyone directly or indirectly employed by the Contractor or subcontractor or anyone for whose acts the Contractor or subcontractor may be liable, regardless of whether or not the negligent act is caused in part by a party indemnified hereunder. Such obligation shall not be construed to negate, abridge, or otherwise reduce any other right or obligation of indemnity which would otherwise exist as to any party or person described in this provision. In any and all claims against the City or any of its agents or employees, by any employee of the Contractor, any subcontractor, anyone directly or indirectly employed by the Contractor or subcontractor or anyone for whose acts the Contractor or subcontractor may be liable, the indemnification obligation set forth in this provision shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the Contractor or any subcontractor under workers' or workmen's compensation acts, disability benefit acts or other employee benefit acts. This obligation to indemnify and defend the City, its members, officers, agents, employees and volunteers shall survive termination of this Agreement. Contractor shall not be required to indemnify the City or its officers, boards, commissions, elected or appointed officials, employees or agents against liability or claims for damages, losses, or expenses, 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. 0 J. Independent Contractor Contractor hereby covenants and declares that it is engaged in an independent business and agrees to perform the services as an independent contractor and not as the agent or employee of the City. The Contractor agrees to be solely responsible for its own matters relating to the time and place the services are performed; the instrumentalities, tools, supplies and/or materials necessary to complete the services; hiring of Contractors, agents or employees to complete the services; and the payment of employees, including compliance with Social Security, withholding and all other regulations governing such matters. The Contractor agrees to be solely responsible for its own acts and those of its subordinates, employees, and subcontractors during the life of this Agreement. Any provisions of this .Agreement that may appear to give the City the right to direct Contractor as to the details of the services to be performed by Contractor or to exercise a measure of control over such services will be deemed to mean that Contractor shall follow the directions of the City with regard to the results of such services only. The Contractor shall obtain and maintain, at the Contractor's expense, all permits, licenses, or approvals that may be necessary for the performance of the services. The Contractor shall furnish copies of all such permits, licenses, or approvals to the City of Milton Representative within ten (10) days after issuance. Inasmuch as the City of Milton and the Contractor are contractors independent of one another neither has the authority to bind the other to any third person or otherwise to act in any way as the representative of the other, unless otherwise expressly agreed to in writing signed by both parties hereto. The Contractor agrees not to represent itself as the City's agent for any purpose to any party or to allow any employee of the Contractor to do so, unless specifically authorized, in advance and in writing, to do so, and then only for the limited purpose stated in such authorization. The Contractor shall assume full liability for any contracts or agreements the Contract enters into on behalf of the City of Milton without the express knowledge and prior written consent of the City. K. Insurance (1) Requirements: The Contractor shall have and maintain in full force and effect for the duration of this Agreement, insurance insuring against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Work by the Contractor, its agents, representatives, employees or subcontractors. All policies shall be subject to approval by the City Attorney to form and content. These requirements are subject to amendment or waiver if so approved in writing by the City Manager. 7 (2) Minimum Limits of Insurance: Contractor shall maintain limits no less than: (a) Comprehensive General Liability of $1,000,000 combined single limit per occurrence for bodily and personal injury, sickness, disease or death, injury to or destruction of property, including loss of use resulting there from. (b) Comprehensive Automobile Liability (owned, non -owned, hired) of $1,000,000 combined single limit per occurrence for bodily and personal injury, sickness, disease or death, injury to or destruction of property, including loss of use resulting there from. (c) Professional Liability of $1,000,000 limit for claims arising out of professional services caused by the Contractor's errors, omissions, or negligent acts. (d) Workers' Compensation limits as required by the State of Georgia and employers Liability limits of $1,000,000 per accident. (3) Deductibles and Self -Insured Retentions: Any deductibles or self-insured retentions must be declared to and approved by the City. (4) Other Insurance Provisions: The policy is to contain, or be endorsed to contain, the following provisions: (a) General Liability and Automobile Liability Coverage. (i) The City, its officials, employees, agents and volunteers are to be covered as insured as respects: liability arising out of activities performed by or on behalf of the Contractor; products and completed operations of the Contractor; premises owned, leased, or used by the Contractor; automobiles owned, leased, hired, or borrowed by the Contractor. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officials, employees, agents or volunteers. (ii) The Contractor's insurance coverage shall be primary noncontributing insurance as respects to any other insurance or self-insurance available to the City, its officials, employees, agents or volunteers. Any insurance or self-insurance maintained by the City, its officials, employees or volunteers shall be excess of the Contractor's insurance and shall not contribute with it. (iii) Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its officials, employees, agents or volunteers. (iv) Coverage shall state that the Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (v) Coverage shall be provided on a "pay on behalf' basis, with defense costs payable in addition to policy limits. There shall be no cross liability exclusion. (vi) The insurer agrees to waive all rights of subrogation against the City, its officials, employees, agents and volunteers for losses arising from work performed by the Contractor for the City. (vii) All endorsements to policies shall be executed by an authorized representative of the insurer. (b) Workers' Compensation Coverage: The insurer will agree to waive all rights of subrogation against the City, its officials, employees, agents and volunteers for losses arising from work performed by the Contractor for the City. (c) All Coverages: (i) Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled, reduced in coverage or in limits except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. (ii) Policies shall have concurrent starting and ending dates. (iii) Policies shall include an endorsement incorporating the Indemnification obligations assumed by the Contractor under the terms of this Agreement, including but not limited to Section 7(I) of this Agreement. (iv) Policies shall include an endorsement incorporating the Indemnification obligations assumed by the Contractor under the terms of this Agreement, including but not limited to Section 7(I) of this Agreement. (5) Acceptability of Insurers: Insurance is to be placed with insurers with an A.M. Bests' rating of no less than A: VII. (6) Verification of Coverage: Contractor shall furnish the City with certificates of insurance and endorsements to the policies evidencing coverage required by this clause prior to the start of work. The certificates of insurance and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificate of insurance and endorsements shall be on a form utilized by Contractor's insurer in its normal course of business and shall be received and approved by the City prior to execution of this Agreement by the City. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. The Contractor shall provide proof that any expiring coverage has been renewed or replaced at least two (2) weeks prior to the expiration of the coverage. (7) Subcontractors: Contractor shall include all subcontractors as insured under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverage for subcontractors shall be subject to all of the requirements stated in this Agreement, including but not limited to naming the parties as additional insured. (8) Claims -Made Policies: Contractor shall extend any claims -made insurance policy for at least six (6) years after termination or final payment under the Agreement, whichever is later. (9) City as Additional Insured and Loss Payee: The City shall be named as an additional insured and loss payee on all policies required by this Agreement. L. Employment of Unauthorized Aliens Prohibited E -Verify Affidavits It is the policy of the City of Milton that unauthorized aliens shall not be employed to perform work on City contracts involving the physical performance of services. Therefore, the City shall not enter into a contract for the physical performance of services within the State of Georgia unless: (1) the Contractor shall provide evidence on City -provided forms, attached hereto as Exhibits "E" and "I"" (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 10 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 "E", 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 (IRCA), P.L. 99-603, O.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 O.C.G.A. § 13-10-91 and Rule 300-10-1-.02 by the subcontractor's execution of the subcontractor affidavit, the form of which is attached hereto as Exhibit "F", 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 11 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. /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. M. Records, Reports and Audits (1) Records: (a) Records shall be established and maintained by the Contractor in accordance with requirements prescribed by the City with respect to all matters covered by this Agreement. Except as otherwise authorized, such records shall be maintained for a period of three years from the date that final payment is made under this Agreement. Furthermore, records that are the subject of audit findings shall be retained for three years or until such audit findings have been resolved, whichever is later. (b) All costs shall be supported by properly executed payrolls, time records, invoices, contracts, or vouchers, or other official documentation evidencing in proper detail the nature and propriety of the charges. All checks, payrolls, invoices, contracts, vouchers, orders or other accounting documents pertaining in whole or in part to this Agreement shall be clearly identified and readily accessible. 12 (2) Reports and Information: Upon request, the Contractor shall furnish to the City any and all statements, records, reports, data and information related to matters covered by this Agreement in the form requested by the City. (3) Audits and Inspections: At any time during normal business hours and as often as the City may deem necessary, there shall be made available to the City for examination all records with respect to all matters covered by this Agreement. The Contractor will permit the City to audit, examine, and make excerpts or transcripts from such records, and to audit all contracts, invoices, materials, payrolls, records of personnel, conditions of employment and or data relating to all matters covered by this Agreement. N. Conflicts of Interest Contractor agrees that it shall not engage in any activity or conduct that would result in a violation of the City of Milton Code of Ethics. O. Confidentiality Contractor acknowledges that it may receive confidential information of the City and that it will protect the confidentiality of any such confidential information and will require any of its subcontractors, consultants, and/or staff to likewise protect such confidential information. The Contractor agrees that confidential information it receives or such reports, information, opinions or conclusions that Contractor creates under this Agreement shall not be made available to, or discussed with, any individual or organization, including the news media, without prior written approval of the City. The Contractor shall exercise reasonable precautions to prevent the unauthorized disclosure and use of City information whether specifically deemed confidential or not. P. Licenses, Certifications and Permits The Contractor covenants and declares that it has obtained all diplomas, certificates, licenses, permits or the like required of the Contractor by any and all national, state, regional, county, local boards, agencies, commissions, committees or other regulatory bodies in order to perform the services contracted for under this Agreement. All work performed by Contractor under this Agreement shall be in accordance with applicable legal requirements and shall meet the standard of quality ordinarily expected of competent professionals. Q. [RESERVED] R. Authority to Contract The Contractor covenants and declares that it has obtained all necessary approvals of its board of directors, stockholders, general partners, limited partners or similar 13 authorities to simultaneously execute and bind Contractor to the terms of this Agreement, if applicable. S. Ownership of Work All reports, designs, drawings, plans, specifications, schedules, work product and other materials prepared or in the process of being prepared for the services to be performed by the Contractor ("materials") shall be the property of the City and the City shall be entitled to full access and copies of all such materials. Any such materials remaining in the hands of the Contractor or subcontractor upon completion or termination of the work shall be delivered immediately to the City. The Contractor assumes all risk of loss, damage or destruction of or to such materials. If any materials are lost, damaged or destroyed before final delivery to the City, the Contractor shall replace them at its own expense. Any and all copyrightable subject matter in all materials is hereby assigned to the City and the Contractor agrees to execute any additional documents that may be necessary to evidence such assignment. T. Meetings The Contractor is required to meet with the City's personnel, or designated representatives, to resolve technical or contractual problems that may occur during the term of the contract, at no additional cost to the City. Meetings will occur as problems arise and will be coordinated by the City. The Contractor will be given a minimum of three full working days notice of meeting date, time, and location. Face-to-face meetings are desired. However, at the Contractor's option and expense, a conference call meeting may be substituted. Consistent failure to participate in problem resolution meetings, two consecutive missed or rescheduled meetings, or to make a good faith effort to resolve problems, may result in termination of the contract. Section 8 Covenants of the City A. Right of Entry The City shall provide for right of entry for Contractor and all necessary equipment along the Bethany Bend Road right-of-way, in order for Contractor to complete the Work. B. Cit, 's Representative Jim Seeba, PE shall be authorized to act on the City's behalf with respect to the Work as the City's designated representative 14 Section 9 Warranty Except as may be otherwise specified or agreed, the Contractor shall repair all defects in materials, equipment, or workmanship appearing within one year from the date of Final Completion of the Project at no additional cost to the City. An inspection shall be conducted by the City or its representative(s) near the completion of the one-year general warranty period to identify any issues that must be resolved by the Contractor. Section 10 Termination A. The City may terminate this Agreement for convenience at any time upon written notice to Contractor. In the event of a termination for convenience, Contractor shall take immediate steps to terminate work as quickly and effectively as possible and shall terminate all commitments to third -parties unless otherwise instructed by the City. Provided that no damages are due to the City for Contractor's failure to perform in accordance with this Agreement, the City shall pay Contractor for work performed to date in accordance with Section 5 herein. The City shall have no further liability to Contractor for such termination. B. The City may terminate this Agreement for cause if Contractor breaches any material provision of this Agreement. The City shall give Contractor seven (7) days written notice of its intent to terminate the Agreement and the reasons therefore, and, if Contractor, or its Surety, fails to cure the default within that period, the termination shall take place without further notice. The City shall then make alternative arrangements for completion of the Project and deduct the cost of completion from the unpaid Contract Price. The City will make no payment to the Contractor or its Surety until all costs of completing the Project are paid. If the unpaid balance of the amount due the Contractor, according to this agreement, exceeds the cost of finishing the Project, the Contractor or its Surety will receive the applicable funds due. If the costs of completing the Project exceed the unpaid balance, the Contractor or its Surety will pay the difference to the City. C. If the City terminates this Agreement for cause, and it is later determined that the City did not have grounds to do so, the termination will be treated as a termination for convenience under the terms of this Section (A) above. D. Upon termination, the Contractor shall: (1) promptly discontinue all services affected, unless the notice directs otherwise; and (2) promptly deliver to the City all data, drawings, reports, summaries, and such other information and materials as may have been generated or used by the Contractor in performing this Agreement, whether completed or in process, in the form specified by the City. E. The rights and remedies of the City and the Contractor provided in this Section are in addition to any other rights and remedies provided under this Agreement or at law or in equity. 15 Section 11 Miscellaneous A. Complete Agreement. This Agreement contains all of the understandings and agreements of whatsoever kind and nature existing between the parties hereto with respect to the subject matter contained herein. B. Governing Law. This Agreement shall be governed by and construed under the laws of the State of Georgia. C. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original, but all of which together shall constitute one and the same instrument. D. Invalidity of Provisions. Should any part of this Agreement for any reason be declared by any court of competent jurisdiction to be invalid, such decision shall not affect the validity of any remaining portion, which remaining portion shall continue in full force and effect as if this Agreement had been executed with the invalid portion hereof eliminated, it being the intention of the parties that they would have executed the remaining portion of this Agreement without including any such part, parts or portions which may for any reason be hereafter declared invalid. E. Notice. All notices requests, demands and other communications hereunder shall be in writing and shall be deemed received, and shall be effective when personally delivered or on the third day after the postmark date when mailed by certified mail, postage prepaid, return receipt requested or upon actual delivery when sent via national overnight commercial carrier to the parties at the addresses given below, unless a substitute address shall first be furnished to the other parties by written notice in accordance herewith: NOTICE TO CITY shall be sent to: City of Milton Attn: City Manager 13000 Deerfield Parkway, Suite 107F Milton, Georgia 30004 NOTICE TO CONTRACTOR shall be sent to: Industrial Facilities Solutions, LLC, P.O. Box 618, Murrayville, GA 30564 F. Sovereign Immunity. Nothing contained in this Agreement shall be construed to be a waiver of the City's sovereign immunity or any individual's qualified good faith or official immunities. 16 G. Force Majeure. Neither the City nor Contractor shall be liable for their respective non -negligent or non -willful failure to perform or shall be deemed in default with respect to the failure to perform (or cure a failure to perform) any of their respective duties or obligations under this Agreement or for any delay in such performance due to: (i) any cause beyond their respective reasonable control; (ii) any act of God; (iii) any change in applicable governmental rules or regulations rendering the performance of any portion of this Agreement legally impossible; (iv) earthquake, fire, explosion or flood; (v) strike or labor dispute, excluding strikes or labor disputes by employees and/or agents of Contractor; (vi) delay or failure to act by any governmental or military authority; or (vii) any war, hostility, embargo, sabotage, civil disturbance, riot, insurrection or invasion. In such event, the time for performance shall be extended by an amount of time equal to the period of delay caused by such acts and all other obligations shall remain intact. H. Headings. All headings herein are inserted only for convenience and ease of reference and are not to be considered in the construction or interpretation of any provision of this Agreement. I. Nondiscrimination. In accordance with Title VI of the Civil Rights Act, as amended, 42 U.S.C. § 2000d, section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6102, section 202 of the Americans with Disabilities Act of 1990, 42 U.S.C. § 12132, and all other provisions of Federal law, the Consultant agrees that, during performance of this Agreement, Consultant, for itself, its assignees and successors in interest, will not discriminate against any employee or applicant for employment, any subcontractor, or any supplier because of race, color, creed, national origin, gender, age or disability. In addition, Consultant agrees to comply with all applicable implementing regulations and shall include the provisions of this Section IV(R) in every subcontract for services contemplated under this Agreement. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed under seal as of the date first above written. [SIGNATURES ON FOLLOWING PAGE] 17 SIGNED, SEALED, AND DELIVERED In the presence of: IJI Witness (Corporate Secretary should attest) Print Name Notary Public [NOTARY SEAL] h:i ies';olu ' ns, LLC. • r Signa re P' Name �, Title [AFFIX CORPORATE SEAL] My Commission Expires: 0i.6 N I% MILTON MILTON CITY COUNCIL: Joe Lockwood, Mayor SIGNED. SEALED. AND DELIVERED In the presence of: Witness Notary Public [NOTARY SEAL] My Commission Expires: 18 [CITY SEAL] HOME OF' ESTABLISHED 2006 TO: City Council CITY COUNCIL AGENDA ITEM DATE: September 26, 2013 FROM: City Manager AGENDA ITEM: Approval of the Audit Engagement Letter with Mauldin & Jenkins, LLC to Audit the City's Financial Statements for the Fiscal Year Ending September 30, 2013. MEETING DATE: Monday, October 7, 2013 Regular City Council Meeting. BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (APPROVED CITY ATTORNEY APPROVAL REQUIRED., YES CITY ATTORNEY REVIEW REQUIRED: YES APPROVAL BY CITY ATTORNEY (APPROVED PLACED ON AGENDA FOR: )no7/3 REMARKS () NOT APPROVED (JNO (jNO () NOT APPROVED Youm _ w *C, -i fi.4* ioP 1©0 PHONE: 678.242.25001 FAX: 678.242.2499 Green City of infoOcityofmiltonga.us I www.c1tyofmiltonga.us COI11E111u1lI y 1 13000 Deerfield Parkwoy, Suite 107 1 Milton GA 30004 To: Honorable Mayor and City Council Members From: Stacey Inglis, Assistant City Manager Date: Submitted on September 5, 2013 for the October 7, 2013 Regular Council Meeting Agenda Item: Approval of the Audit Engagement Letter with Mauldin & Jenkins, LLC to Audit the City’s Financial Statements for the Fiscal Year Ending September 30, 2013 ____________________________________________________________________________________ Department Recommendation: The recommendation is to approve the attached engagement letter with Mauldin & Jenkins, LLC to audit the City’s financial statements for the fiscal year ending September 30, 2013. Executive Summary: According to O.C.G.A. 36-81-7, we are required to have an annual audit of the financial affairs and transactions of all funds and activities of the City. The audit engagement letter before you details the scope of services Mauldin & Jenkins, LLC will provide the City. As part of the engagement, they will audit the financial statements of the governmental activities, each major fund, and the required supplementary information. They will also provide a report on internal controls related to the financial statements and compliance with laws, regulations, and the provisions of contracts or grant agreements. Funding and Fiscal Impact: This is the second year of the five-year contract with Mauldin & Jenkins, LLC. The cost of the audit is $30,500 and has been included in the FY 14 Budget for your approval. Alternatives: Not approve and go back out to bid for auditing services. Legal Review: Approved by Paul Higbee (September 18, 2013) Concurrent Review: Chris Lagerbloom, City Manager Attachment(s): Audit Engagement Letter 1 September 19, 2013 Honorable Mayor and Members of the City Council and City Manager City of Milton, Georgia Attention: Stacey Inglis, Finance Manager 13000 Deerfield Parkway, Suite 107G Milton, Georgia 30004 We are pleased to confirm our understanding of the services we are to provide the City of Milton, Georgia (the City) for the year ended September 30, 2013. We will audit the financial statements of the governmental activities, each major fund, and the aggregate remaining fund information, including the related notes to the financial statements, which collectively comprise the basic financial statements, of the City of Milton, Georgia as of and for the year then ended. Accounting standards generally accepted in the United States of America provide for certain required supplementary information (RSI), such as management’s discussion and analysis (MD&A), to supplement the City’s basic financial statements. Such information, although not a part of the basic financial statements, is required by the Governmental Accounting Standards Board who considers it to be an essential part of financial reporting for placing the basic financial statements in an appropriate operational, economic, or historical context. As part of our engagement, we will apply certain limited procedures to the City’s RSI in accordance with auditing standards generally accepted in the United States of America. These limited procedures will consist of inquiries of management regarding the methods of preparing the information and comparing the information for consistency with management's responses to our inquiries, the basic financial statements, and other knowledge we obtained during our audit of the basic financial statements. We will not express an opinion or provide any assurance on the information because the limited procedures do not provide us with sufficient evidence to express an opinion or provide any assurance. The following RSI is required by generally accepted accounting principles and will be subjected to certain limited procedures, but will not be audited: 1. Management’s Discussion and Analysis (MD&A). 2. Schedule of Funding Progress – Retirement Plan. 3. Budgetary comparisons for the General Fund and any Major Special Revenue Funds. We have also been engaged to report on supplementary information other than RSI that accompanies the City’s financial statements. We will subject the following supplementary information to the auditing procedures applied in our audit of the financial statements and certain additional procedures, including comparing and reconciling such information directly to the underlying accounting and other records used to prepare the financial statements or to the 2 financial statements themselves, and other additional procedures in accordance with auditing standards generally accepted in the United States of America and will provide an opinion on it in relation to the financial statements as a whole: 1. Schedule of expenditures of federal awards. 2. Combining and individual fund statements. The following other information accompanying the financial statements will not be subjected to the auditing procedures applied in our audit of the financial statements, and our auditor’s report will not provide an opinion or any assurance on that other information: 1. Introductory section 2. Statistical section Audit Objectives The objective of our audit is the expression of opinions as to whether your basic financial statements are fairly presented, in all material respects, in conformity with U.S. generally accepted accounting principles and to report on the fairness of the supplementary information referred to in the second paragraph when considered in relation to the financial statements as a whole. The objective also includes reporting on -  Internal control related to the financial statements and compliance with the provisions of laws, regulations, contracts and grant agreements, noncompliance with which could have a material effect on the financial statements in accordance with Government Auditing Standards.  Internal control related to major programs and an opinion (or disclaimer of opinion) on compliance with laws, regulations, and the provisions of contracts or grant agreements that could have a direct and material effect on each major program in accordance with the Single Audit Act Amendments of 1996 and OMB Circular A-133, Audits of States, Local Governments, and Non-Profit Organizations. The reports on internal control and compliance will each include a paragraph that states that the purpose of the report is solely to describe (a) the scope of testing of internal control over financial reporting and compliance and the result of that testing and not to provide an opinion on the effectiveness of internal control over financial reporting or on compliance, (b) the scope of testing internal control over compliance for major programs and major program compliance and the result of that testing and to provide an opinion on compliance but not to provide an opinion on the effectiveness of internal control over compliance, and (c) that the report is an integral part of an audit performed in accordance with Government Auditing Standards in considering internal control over financial reporting and compliance and OMB Circular A-133 in considering internal control over compliance and major program compliance. The paragraph will also state that the report is not suitable for any other purpose. Our audit will be conducted in accordance with auditing standards generally accepted in the United States of America; the standards for financial audits contained in Government Auditing 3 Standards, issued by the Comptroller General of the United States; the Single Audit Act Amendments of 1996; and the provisions of OMB Circular A-133, and will include tests of accounting records, a determination of major program(s) in accordance with OMB Circular A- 133, and other procedures we consider necessary to enable us to express such opinions and to render the required reports. We cannot provide assurance that unmodified opinions will be expressed. Circumstances may arise in which it is necessary for us to modify our opinions or add emphasis-of-matter or other-matter paragraphs. If our opinions on the financial statements or the Single Audit compliance opinions are other than unmodified, we will discuss the reasons with you in advance. If, for any reason, we are unable to complete the audit or are unable to form or have not formed opinions, we may decline to express opinions or to issue a report as a result of this engagement. Management Responsibilities Management is responsible for the basic financial statements, schedule of expenditures of federal awards, and all accompanying information as well as all representations contained therein. Management is also responsible for identifying government award programs and understanding and complying with the compliance requirements, and for preparation of the sched ule of expenditures of federal awards in accordance with the requirements of OMB Circular A-133. As part of the audit, we will assist with preparation of your financial statements, schedule of expenditures of federal awards, and related notes. You will be required to acknowledge in the written representation letter our assistance with preparation of the financial statements and schedule of expenditures of federal awards and that you have reviewed and approved the financial statements, schedule of expenditures of federal awards, and related notes prior to their issuance and have accepted responsibility for them. You agree to assume all management responsibilities for any nonaudit services we provide; oversee the services by designating an individual, preferably from senior management, who possesses suitable skill, knowledge, or experience; evaluate the adequacy and results of the services; and accept responsibility for them. We will prepare the trial balance for use during the audit. Our preparation of the trial balance will be limited to formatting information into a working trial balance based on management’s chart of accounts and trial balances as provided by you. Management is responsible for establishing and maintaining effective internal controls, including internal controls over compliance, and for evaluating and monitoring ongoing activities, to help ensure that appropriate goals and objectives are met and that there is reasonable assurance that government programs are administered in compliance with compliance requirements. You are also responsible for the selection and application of accounting principles; for the preparation and fair presentation in the financial statements of the respective financial position of the governmental activities, each major fund, and the aggregate remaining fund information of the City of Milton, Georgia and the respective changes in financial position in conformity with U.S. generally accepted accounting principles; and for compliance with applicable laws and regulations and the provisions of contracts and grant agreements. Management is also responsible for making all financial records and related information available to us and for ensuring that management is reliable and financial information is reliable 4 and properly recorded. You are also responsible for providing us with (1) access to all information of which you are aware that is relevant to the preparation and fair presentation of the financial statements, (2) additional information that we may request for the purpose of the audit, and (3) unrestricted access to persons within the government from whom we determine it necessary to obtain audit evidence. Your responsibilities also include identifying significant vendor relationships in which the vendor has responsibility for program compliance and for the accuracy and completeness of that information. Your responsibilities include adjusting the financial statements to correct material misstatements and confirming to us in the written representation letter that the effects of any uncorrected misstatements aggregated by us during the current engagement and pertaining to the latest period presented are immaterial, both individually and in the aggregate, to the financial statements taken as a whole. You are responsible for the design and implementation of programs and controls to prevent and detect fraud, and for informing us about all known or suspected fraud affecting the government involving (1) management, (2) employees who have significant roles in internal control, and (3) others where the fraud could have a material effect on the financial statements. Your responsibilities include informing us of your knowledge of any allegations of fraud or suspected fraud affecting the government received in communications from employees, former employees, grantors, regulators, or others. In addition, you are responsible for identifying and ensuring that the entity complies with applicable laws, regulations, contracts, agreements, and grants. Additionally, as required by OMB Circular A-133, it is management's responsibility to follow up and take corrective action on reported audit findings and to prepare a summary schedule of prior audit findings and a corrective action plan. The summary schedule of prior audit findings should be available for our review subsequent to the start of fieldwork. You are responsible for preparation of the schedule of expenditures of federal awards in conformity with OMB Circular A-133. You agree to include our report on the schedule of expenditures of federal awards in any document that contains and indicates that we have reported on the schedule of expenditures of federal awards. You also agree to include the audited financial statements with any presentation of the schedule of expenditures of federal awards that includes our report thereon or make the audited financial statements readily available to intended users of the schedule of expenditures of federal awards no later than the date the schedule of expenditures of federal awards is issued with our report thereon. Your responsibilities include acknowledging to us in the written representation letter that (a) you are responsible for presentation of the schedule of expenditures of federal awards in accordance with OMB Circular A-133; (b) that you believe the schedule of expenditures of federal awards, including its form and content, is fairly presented in accordance with OMB Circular A-133; (c) that the methods of measurement or presentation have not changed from those used in the prior period (or, if they have changed, the reasons for such changes): and (d) you have disclosed to us any significant assumptions or interpretations underlying the measurement or presentation of the schedule of expenditures of federal awards. You are also responsible for the preparation of the other supplementary information, which we have been engaged to report on, in conformity with U.S. generally accepted accounting 5 principles. You agree to include our report on the supplementar y information in any document that contains and indicates that we have reported on the supplementary information. You also agree to include the audited financial statements with any presentation of the supplementary information that includes our report thereon or make the audited financial statements readily available to users of the supplementary information no later than the date the supplementary information is issued with our report thereon. Your responsibilities include acknowledging to us in the written representation letter that (a) you are responsible for presentation of the supplementary information in accordance with GAAP; (b) that you believe the supplementary information, including its form and content, is fairly presented in accordance with GAAP; (c) that the methods of measurement or presentation have not changed from those used in the prior period (or, if they have changed, the reasons for such changes): and (d) you have disclosed to us any significant assumptions or interpretations underlying the measurement or presentation of the supplementary information. Management is responsible for establishing and maintaining a process for tracking the status of audit findings and recommendations. Management is also responsible for identifying for us previous financial audits, attestation engagements, performance audits or other studies related to the objectives discussed in the Audit Objectives section of this letter. This responsibility includes relaying to us corrective actions taken to address significant findings and recommendations resulting from those audits, attestation engagements, performance audits, or studies. You are also responsible for providing management’s views on our current findings, conclusions, and recommendations, as well as your planned corrective actions, for the report, and for the timing and format for providing that information. With regard to the electronic dissemination of audited financial statements, including financial statements published electronically on your website, you understand that electronic sites are a means to distribute information and, therefore, we are not required to read the information contained in these sites or to consider the consistency of other information in the electronic site with the original document. Audit Procedures—General An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the financial statements; therefore, our audit will involve judgment about the number of transactions to be examined and the areas to be tested. An audit also includes evaluating the appropriateness of accounting policies used and the reasonableness of significant accounting estimates made by management, as well as evaluating the overall presentation of the financial statements. We will plan and perform the audit to obtain reasonable rather than absolute assurance about whether the financial statements are free of material misstatement, whether from (1) errors, (2) fraudulent financial reporting, (3) misappropriation of assets, or (4) violations of laws or governmental regulations that are attributable to the entity or to acts by management or employees acting on behalf of the entity. Because the determination of abuse is subjective, Government Auditing Standards do not expect auditors to provide reasonable assurance of detecting abuse. Because of the inherent limitations of an audit, combined with the inherent limitations of internal control, and because we will not perform a detailed examination of all transactions, there is a risk 6 that material misstatements or noncompliance may exist and not be detected by us, even though the audit is properly planned and performed in accordance with U.S. generally accepted auditing standards and Government Auditing Standards. In addition, an audit is not designed to detect immaterial misstatements or violations of laws or governmental regulations that do not have a direct and material effect on the financial statements or major programs. However, we will inform the appropriate level of management of any material errors, any fraudulent financial reporting or misappropriation of assets that come to our attention. We will also inform the appropriate level of management of any violations of laws or governmental regulations that come to our attention, unless clearly inconsequential, and of any material abuse that comes to our attention. We will include such matters in the reports required for a Single Audit. Our responsibility as auditors is limited to the period covered by our audit and does not extend to any later periods for which we are not engaged as auditors. Our procedures will include tests of documentary evidence supporting the transactions recorded in the accounts, and may include direct confirmation of receivables and certain other assets and liabilities by correspondence with selected individuals, funding sources, creditors, and financial institutions. We will request written representations from your attorneys as part of the engagement, and they may bill you for responding to this inquiry. At the conclusion of our audit, we will require certain written representations from you about the financial statements and related matters. Audit Procedures—Internal Control Our audit will include obtaining an understanding of the entity and its environment, including internal control, sufficient to assess the risks of material misstatement of the financial statements and to design the nature, timing, and extent of further audit procedures. Tests of controls may be performed to test the effectiveness of certain controls that we consider relevant to preventing and detecting errors and fraud that are material to the financial statements and to preventing and detecting misstatements resulting from illegal acts and other noncompliance matters that have a direct and material effect on the financial statements. Our tests, if performed, will be less in scope than would be necessary to render an opinion on internal control and, accordingly, no opinion will be expressed in our report on internal control issued pursuant to Government Auditing Standards. As required by OMB Circular A-133, we will perform tests of controls over compliance to evaluate the effectiveness of the design and operation of controls that we consider relevant to preventing or detecting material noncompliance with compliance requirements applicable to each major federal award program. However, our tests will be less in scope than would be necessary to render an opinion on those controls and, accordingly, no opinion will be expressed in our report on internal control issued pursuant to OMB Circular A-133. An audit is not designed to provide assurance on internal control or to identify significant deficiencies or material weaknesses. However, during the audit, we will communicate to management and those charged with governance internal control related matters that are required to be communicated under AICPA professional standards, Government Auditing Standards, and OMB Circular A-133. 7 Audit Procedures—Compliance As part of obtaining reasonable assurance about whether the financial statements are free of material misstatement, we will perform tests of the City of Milton, Georgia’s compliance with provisions of applicable laws, regulations, contracts and agreements, including grant agreements. However, the objective of those procedures will not be to provide an opinion on overall compliance and we will not express such an opinion in our report on compliance issued pursuant to Government Auditing Standards. OMB Circular A-133 requires that we also plan and perform the audit to obtain reasonable assurance about whether the auditee has complied with applicable laws and regulations and the provisions of contracts and grant agreements applicable to major programs. Our procedures will consist of tests of transactions and other applicable procedures described in the OMB Circular A- 133 Compliance Supplement for the types of compliance requirements that could have a direct and material effect on each of the City of Milton's major programs. The purpose of these procedures will be to express an opinion on the City of Milton's compliance with requirements applicable to each of its major programs in our report on compliance issued pursuant to OMB Circular A-133. Audit Administration, Fees, and Other We understand that your employees will prepare all cash or other confirmations we request and will locate any documents selected by us for testing. At the conclusion of the engagement, we will complete the appropriate sections of the Data Collection Form that summarizes our audit findings. It is management’s responsibility to submit the reporting package (including financial statements, schedule of expenditures of federal awards, summary schedule of prior audit findings, auditors’ reports, and corrective act ion plan) along with the Data Collection Form to the federal audit clearinghouse. We will coordinate with you the electronic submission and certification. If applicable, we will provide copies of our report for you to include with the reporting package you will submit to pass-through entities. The Data Collection Form and the reporting package must be submitted within the earlier of 30 days after receipt of the auditors’ reports or nine months after the end of the audit period, unless a longer period is agreed to in advance by the cognizant or oversight agency for audits. We will provide copies of our reports to the City of Milton, Georgia; however, management is responsible for distribution of the reports and financial statements. Unless restricted b y law or regulation, or containing privileged and confidential information, copies of our reports are to be made available for public inspection. The audit documentation for this engagement is the property of Mauldin & Jenkins and constitutes confidential information. However, pursuant to authority given by law or regulation, we may be requested to make certain audit documentation available to a federal agency providing direct or indirect funding, or the U.S. Government Accountability Office for purposes of a quality review of the audit, to resolve audit findings, or to carry out oversight responsibilities. We will notify you of any such request. If requested, access to such audit documentation will be provided under the supervision of Mauldin & Jenkins personnel. Furthermore, upon request, we may provide copies of selected audit documentation to the 8 aforementioned parties. These parties may intend, or decide, to distribute the copies or information contained therein to others, including other governmental agencies. The audit documentation for this engagement will be retained for a minimum of five years after the report release date or for any additional period requested by a regulatory body. If we are aware that a federal awarding agency, pass-through entity, or auditee is contesting an audit finding, we will contact the party (ies) contesting the audit finding for guidance prior to destroying the audit documentation. We expect to begin our audit on approximately January 27, 2014 and to issue our reports no later than March 31, 2014. Adam Fraley is the engagement partner and is responsible for supervising the engagement and signing the reports or authorizing another individual to sign them. Our fee for these services will be $30,500 for the year ended September 30, 2013. This fee includes consideration for the performance of a Single Audit of one major program and the reporting thereof. Our hourly rates vary according to the degree of responsibility involved and the experience level of the personnel assigned to your audit. Our invoices for these fees will be rendered as work progresses and are payable upon presentation. The above fees are based on anticipated cooperation from your personnel (including complete and timely receipt by us of the information on the client participation listing) and the assumption that unexpected circumstances (including scope changes) will not be encountered during the audit. If significant additional time is necessary, we will discuss it with management and arrive at a new fee estimate before we incur the additional costs. As a result of our prior or future services to you, we might be requested or required to provide information or documents to you or a third party in a legal, administrative, arbitration, or similar proceeding in which we are not a party. If this occurs, our efforts in complying with such requests will be deemed billable to you as a separate engagement. We shall be entitled to compensation for our time and reasonable reimbursement for our expenses (including legal fees) in complying with the request. For all requests we will observe the confidentiality requirements of our profession and will notify you promptly of the request. 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, we agree that, during performance of this agreement, we will not discriminate against any employee or applicant for employment or any supplier because of race, color, creed, national origin, gender, age or disability. In addition, we agree to comply with all applicable implementing regulations. It is your policy that unauthorized aliens shall not be employed to perform work on your contracts involving the physical performance of services. In order to comply with your policy, we are providing evidence on your forms, attached hereto as Exhibit “A” , that we 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 this contract to ensure that no unauthorized aliens will be employed. 9 We hereby verify that we have, prior to executing this Agreement, executed a notarized affidavit, the form of which is provided in Exhibit “A”, and submitted such affidavit to you. Further, we hereby agree to comply with the requirements of the federal Immigration Reform and Control Act of 1986 (IRCA), P.L. 99-603, O.C.G.A. § 13-10-91 and Rule 300-10-1-.02. Where we are 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 our verification process at any time to determine that the verification was correct and complete. We 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 we are 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 employ unauthorized aliens on your contracts. By entering into a contract with you, we agree to cooperate with any such investigation by making their records and personnel available upon reasonable notice for inspection and questioning. Where we are found to have employed an unauthorized alien, the City Manager or his/her designee may report same to the Department of Homeland Security. Our failure to cooperate with the investigation may be sanctioned by termination of the contract, and we shall be liable for all damages and delays occasioned by you thereby. We agree that the employee-number category designated below is applicable to us. ____ 500 or more employees. ___X_ 100 or more employees. ____ Fewer than 100 employees. We warrant that we will utilize no subcontractors in doing the work. 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. This Agreement is entered into as of the date both Parties have signed below. 10 We appreciate the opportunity to be of service to the City of Milton, Georgia and believe this letter accurately summarizes the significant terms of our engagement. If you have any questions, please let us know. If you agree with the terms of our engagement as described in this letter, please sign the enclosed copy and return it to us. Sincerely, MAULDIN & JENKINS, LLC Adam M. Fraley RESPONSE: This letter correctly sets forth the understanding of the City of Milton, Georgia. By: Title: 11 EXHIBIT “A” STATE OF GEORGIA COUNTY OF FORSYTH 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 engaged in the physical performance of services on behalf of Forsyth County 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 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: _________________________________ Federal Work Authorization User Identification Number _________________________________ Date of Authorization _________________________________ Name of Contractor _________________________________ Name of Project _________________________________ Name of Public Employer I hereby declare under penalty of perjury that the foregoing is true and correct. Executed on _____, ____, 201__ in _____ (City), __________ (State). 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 THIS THE ______ DAY OF ______________,201__. _________________________________ NOTARY PUBLIC [NOTARY SEAL] My Commission Expires: ________________________________ HOME OF ' ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council FROM: City Manager DATE: September 26, 2013 AGENDA ITEM: Consideration of U13-021VC13-03 — Deerfield Parkway (West Side), Crescent Communities, LLC. for a Use Permit to Allow the Construction of 256 Multi -family Residential Units and Related Accessory Uses (Sec. 64-1839) and a 2 -part Concurrent Variance to 1) Provide 100% of the Site for Apartments (Chapter 64, Division 5.A, 4.6.6.a. ii) and 2) to Delete the Requirement to Provide a Minimum of 300 Cubic Feet of Separate Contiguous Storage Space Shall be Provided to Each Dwelling Unit. MEETING DATE: Monday, October 7, 2013 Regular City Council Meeting. BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (APPROVED () NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: O YES XNO CITY ATTORNEY REVIEW REQUIRED. () YES K NO APPROVAL BY CITY ATTORNEY () APPROVED () NOT APPROVED PLACED ON AGENDA FOR: I 0 D7 11 REMARKS 144 PHONE: 678.242.25001 FAX: 678.242.2499 "G"reen AW : Cmi$ea*, Top 10° Community;; infoCcityofmiitonga.us i www.cityofmiltonga.us •.�..wk,M..�. ,..,, 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 - ceR= fico a"°"ze a ORDINANCE NO._______ PETITION NO. U13-02/VC13-03 STATE OF GEORGIA COUNTY OF FULTON AN ORDINANCE TO APPROVE A USE PERMIT (SECTION 64-1839) FOR A 256 UNIT DEVELOPMENT AT AN OVERALL DENSITY OF 12 UNITS PER ACRE LOCATED ON THE WEST SIDE OF DEERFIELD PARKWAY HAVING A FRONTAGE OF 1,599 FEET (22-5280-1047-026-2) BE IT ORDAINED by the City Council for the City of Milton, Georgia while in regular session on October 21, 2013 at 6:00 p.m. as follows: SECTION 1. That the Zoning Ordinance of the City of Milton be amended, to be changed so that the following property located on the west side of Deerfield Parkway with a frontage of 1,599 feet, consisting of a total of approximately 21.368 acres as described in the attached legal description, a Use Permit for Apartments with conditions, attached hereto and made a part herein; ALL THAT TRACT or parcel of land lying and being Land Lot 1114, 1047, 1113 of the 2nd District 2nd Section, City of Milton, Fulton County, Georgia; and SECTION 2. That the Use Permit for Apartments listed in the attached conditions of approval, be approved under the provisions of Chapter 64, Article IX, Division 5, Section 64-1839 of the Zoning Ordinance of the City of Milton with the approved concurrent variances; and SECTION 3. That the property shall be developed in compliance with the conditions of approval as attached to this ordinance. Any conditions hereby approved (including any site plan) do not authorize the violation of any district regulations; and SECTION 4. That all ordinances or part of ordinances in conflict with the terms of this ordinance are hereby repealed; and SECTION 5. This Ordinance shall become effective upon adoption by the Mayor and City Council and the signature of approval of the Mayor. ORDAINED this 21st day of October, 2013. _________________________________ Mayor Joe Lockwood Attest: ___________________________ Sudie AM Gordon, City Clerk (Seal) RECOMMENDED CONDITIONS If this petition is approved by the Mayor and City Council, it should be approved for a Use Permit for Apartments CONDITIONAL subject to the owner’s agreement to the following enumerated conditions. Where these conditions conflict with the stipulations and offerings contained in the Letter of Intent, these conditions shall supersede unless specifically stipulated by the Mayor and City Council. 1) To the owner’s agreement to restrict the use of the subject property as follows: a) No more than 256 total dwelling units at a maximum density of 12 units per acre based on the total acreage zoned, whichever is less. b) Unit size shall be 128 one bedrooms and 128 two bedrooms. c) The entire development shall be developed with apartments. (VC13-03 – Part 1) 2) To the owner’s agreement to abide by the following: a) To the revised site plan received by the Community Development Department on October 2, 2013. Said site plan is conceptual only and must meet or exceed the requirements of the Zoning Ordinance, all other applicable City ordinances and these conditions prior to the approval of a Land Disturbance Permit. In the event the Recommended Conditions of Zoning cause the approved site plan to be substantially different, the applicant shall be required to complete the concept review procedure prior to application for a Land Disturbance Permit. Unless otherwise noted herein, compliance with all conditions shall be in place prior to the issuance of the first Certificate of Occupancy. 3) To the owner’s agreement to the following site development considerations: a) To provide two bus shelters at MARTA bus stops without signage as approved by the City of Milton Design Review Board. b) To construct the buildings as depicted in the elevations and renderings dated September 17, 2013. c) To delete the requirement to provide a minimum of 300 cubic feet of separate contiguous storage space shall be provided for each dwelling unit. (VC13-03 – Part 2) d) Internal multi-use trails shall be a minimum of 10 feet wide or as approved by the Public Works Department. i. Internal multi-use trails shall be constructed of pervious materials as approved by the Community Development Department. 4) To the owner’s agreement to abide by the following requirements, dedication and improvements: a) Dedicate at no cost to the City of Milton prior to the approval of a Certificate of Occupancy, sufficient land as necessary to provide the following: i. Provide at least 12 feet of right-of-way from the back of curb of all abutting road improvements or 1 foot from the back of sidewalk, whichever is greater, along the entire property frontage, as well as allow the necessary construction easements while right-of-way is being improved. ii. Installation/modification of the following transportation infrastructure to be installed in accordance with Chapter 48 Streets, Sidewalks and Other Public Places of the City of Milton Code of Ordinances: 1. SB Right Turn Lanes on Deerfield Pkwy at all site driveways a. Any existing sidewalk or utilities in conflict with new turn lane location shall be relocated. b) Any new required entrances shall meet the City of Milton Code of Ordinances and AASHTO guidelines as approved by Milton Public Works and shall conform to the following: i. The Deerfield Pkwy driveways shall provide a minimum of 100 feet or the 95% queue length, whichever is greater, of uninterrupted access. This distance shall be measured from the edge of the thru lane on Deerfield Pkwy to the edge of any interior drive aisle or parking space. ii. Provide two full access drives and one right-in, right-out access on Deerfield Parkway. c) At the time of development of the property to the south (N/F Devender & Muralidhar Reddy), a 50-foot access easement is required along the southern driveway from Deerfield Pkwy right of way to the location on the south property line where inter-parcel access will be provided to the property to the south. i. Location of access to shared drive shall be at a minimum distance of the 95th percentile queue for the combined condition with future development or one hundred feet, whichever is greater. d) Provide a 50-foot access easement free of any structures or utilities for vehicular and pedestrian inter-parcel access on the northwest property line (N/F First Town, L.P.) as coordinated with property owner to the north and as approved by Milton Public Works. 5) To the owner’s agreement to abide by the following: a. The stormwater management facilities shall comply with the City of Milton stormwater requirements and shall utilize earthen embankments, where possible. Walled structures are not encouraged. If walled structures are proposed, they must meet the acceptable design standards of the Department of Community Development. i. Where side slopes for stormwater management facility are steeper than 4:1 the facility shall have a six foot high, five-board equestrian style fence with two inch by four inch welded wire constructed around it, or as may be approved by the Director of Community Development. REVISED SITE PLAN SUBMITTED ON OCTOBER 2, 2013 Page is too large to OCR. Page is too large to OCR. Page is too large to OCR. Page is too large to OCR. Page is too large to OCR. Page is too large to OCR. Page is too large to OCR. Page is too large to OCR. Page is too large to OCR. Page is too large to OCR. Page is too large to OCR. Prepared by the Community Development Department for the Mayor and City Council Meeting on October 7, 2013 (First Presentation) U13-02/VC13-03 Page 1 of 29 PETITION NUMBERS U13-02/VC13-03 Crescent Deerfield ADDRESS Deerfield Parkway West Side for approximately 1,599 feet DISTRICT, LAND LOT 2/2, 1113, 1114, 1047 OVERLAY DISTRICT Deerfield/SR 9 EXISTING ZONING Transect Zone – T6 PROPOSED USE PERMIT Apartments (Sec 64-1839) ACRES 21.368 EXISTING USE Undeveloped PROPOSED USE 256 unit multi-family development OWNER/PETITIONER Crescent Communities, LLC – Jay Curren ADDRESS 3340 Peachtree Road NE Suite 1460 Atlanta, GA 30305 REPRESENTATIVE Nathan V. Hendricks III ADDRESS 6085 Lake Forrest Drive, Suite 200 Atlanta, GA 30328 COMMUNITY DEVELOPMENT DEPARTMENT RECOMMENDATION U13-02 – DENIAL VC13-03, PARTS 1 AND 2 – DENIAL To request a Use Permit to develop a total of 256 residential units at an overall density of 12 units per acre. The applicant is also requesting the following two part concurrent variance, 1) To provide 100% of the site for apartments (Chapter 64, Division 5.A. 4.6.6.a .i) and 2) To delete the requirement to provide a minimum of 300 cubic feet of separate contiguous storage space shall be provided for each dwelling unit (Sec 64-1839(8.). Prepared by the Community Development Department for the Mayor and City Council Meeting on October 7, 2013 (First Presentation) U13-02/VC13-03 Page 2 of 29 PLANNING COMMISSION RECOMMENDATION – SEPTEMBER 25, 2013 U13-02 – DENIAL – 6-0 VC13-03, PARTS 1 AND 2 – DENIAL – 6-0 The Planning Commission made the following comments regarding their final vote to recommend denial of the Use Permit and two-part concurrent variance: 1) The proposed development doesn’t meet the requirement of the Form Based Code for mixed use and goes against all the work that the community has contributed to the Form Based Code. 2) Even though there is a high demand for apartments, the City’s vision is truly mixed use. Just because apartments are economically viable, we don’t want to give up the vision of the City. Prepared by the Community Development Department for the Mayor and City Council Meeting on October 7, 2013 (First Presentation) U13-02/VC13-03 Page 3 of 29 LOCATION MAP Prepared by the Community Development Department for the Mayor and City Council Meeting on October 7, 2013 (First Presentation) U13-02/VC13-03 Page 4 of 29 Hwy 9/GA 400 Master Plan, Livable Centers Initiative (LCI) Study. Prepared by the Community Development Department for the Mayor and City Council Meeting on October 7, 2013 (First Presentation) U13-02/VC13-03 Page 5 of 29 Prepared by the Community Development Department for the Mayor and City Council Meeting on October 7, 2013 (First Presentation) U13-02/VC13-03 Page 6 of 29 SITE PLAN SUBMITTED– AUGUST 6, 2013 Prepared by the Community Development Department for the Mayor and City Council Meeting on October 7, 2013 (First Presentation) U13-02/VC13-03 Page 7 of 29 REVISED SITE PLAN SUBMITTED– SEPTEMBER 18, 2013 Prepared by the Community Development Department for the Mayor and City Council Meeting on October 7, 2013 (First Presentation) U13-02/VC13-03 Page 8 of 29 REVISED SITE PLAN SUBMITTED– OCTOBER 2, 2013 (REVISED PARKING CALCULATIONS) Prepared by the Community Development Department for the Mayor and City Council Meeting on October 7, 2013 (First Presentation) U13-02/VC13-03 Page 9 of 29 Subject Site Looking north on Deerfield Pkwy Prepared by the Community Development Department for the Mayor and City Council Meeting on October 7, 2013 (First Presentation) U13-02/VC13-03 Page 10 of 29 Subject Site Looking From Deerfield Parkway Prepared by the Community Development Department for the Mayor and City Council Meeting on October 7, 2013 (First Presentation) U13-02/VC13-03 Page 11 of 29 SUBJECT SITE: A 21.368 acre site currently zoned T6 as depicted on the Regulating Plan for the Deerfield/Hwy 9 Overlay District Form Based Code which was approved by the Mayor and City Council on April 22, 2013. Staff notes that the Deerfield/Hwy 9 Form Based Code requires the following when an applicant requests to develop apartments: 4.6.6 – Specific to zones T4-Open, T5, T6 a. Apartments shall only be permitted subject to a use permit as follows: i. In buildings where the entire first Story is used for non- Residential Functions or residential lobbies, leasing offices, fitness centers, or multi-purpose rooms serving the Residential Function, or ii. On sites where more than 50% of the total floor area is dedicated to Office, Retail, or Lodging Functions. The site is currently undeveloped, wooded and contains an unnamed creek which flows along the northeastern property line, eventually draining into Lake Deerfield. There are two small areas of wetlands: one on the southwest property line and the other on the east property line both of which are not being disturbed. The site plan provides the appropriate state and city buffers. The property is part of the planned development of Deerfield, and is subject to the covenants of the development. The property is within the Regional Activity Center, Hwy 9/GA 400 Master Plan, Livable Centers Initiative (LCI) Study, approved on April 23, 2012. The applicant is requesting a Use Permit to develop 256 multi-family units consisting of 128 one bedroom units and 128 two bedroom units. In addition, the applicant has incorporated into the design the ability to locate and operate a community farmer’s market on the property. Previous Action on the Subject Site The applicant, Crescent Resources LLC (the current petition, U13-02/VC13-03 is filed under Crescent Communities LLC), previously requested to rezone from C-1 (Community Business) and O-I (Office-Institutional) to A (Medium Density Apartments). This request was denied by the Mayor and City Council on September 6, 2012. The applicant exercised their right to appeal the decision of the Mayor and City Council to the Fulton County Superior Court. On May 20, 2013, the Fulton County Superior Court ordered that the plaintiff’s application be remanded to the City of Milton to process a new application for a Use Permit for Apartments and other variances or warrants under the new Deerfield/Hwy 9 Form Based Code within 60 days of the said order. This is the reason that the applicant’s request has been filed for the same request on the subject site. Prepared by the Community Development Department for the Mayor and City Council Meeting on October 7, 2013 (First Presentation) U13-02/VC13-03 Page 12 of 29 SITE PLAN ANALYSIS Based on the applicant’s revised site plan submitted to the Community Development Department on October 2, 2013, Staff offers the following considerations: Deerfield/Hwy 9 Form Based Code Standards (Chapter 64, Division 5.A) Based on detailed review of the revised site plan and architectural elevations by City Staff, including the City Architect, the proposed 256 unit apartment development as shown on the site plan submitted to the Community Development Department on October 2, 2013 meets all the standards except for the item discussed below in VC13-03 – Part 1. It is Staff’s opinion that the site and architectural plans have accomplished the overall goal of “form based” development by meeting the multiple standards of the Code. Staff has included the architectural elevations at the end of the report. In addition, a condition has been included referencing the elevations if the Mayor and Council choose to approve the Use Permit. Staff will discuss parking and pedestrian inter-connectivity in more detail below. VC13-03 – Part 1 – To provide 100% of the site for Apartments The applicant is requesting a concurrent variance to Chapter 64, Division 5.A.4.6.6.a.i that requires the following: a. Apartments shall only be permitted subject to a use permit as follows: i. In buildings where the entire first Story is used for non-Residential Functions or residential lobbies, leasing offices, fitness centers, or multi-purpose rooms serving the Residential Function, or ii. On sites where more than 50% of the total floor area is dedicated to Office, Retail, or Lodging Functions. The applicant proposes the entire development be developed as Apartments. It is Staff’s opinion that the appl icant has not demonstrated that: 1) Relief if granted, would not offend the spirit or intent of this zoning ordinance. It is the intent for this area of Deerfield to be developed with higher densities so that a mix of uses can be provided for the use of current and future residents and employees. Within the Deerfield/Hwy 9 Form Based Code, the Intent states: “That the Deerfield Hwy 9 area is the focal point for high-quality, mixed- use development in the City of Milton as established in the Hwy 9/Georgia Prepared by the Community Development Department for the Mayor and City Council Meeting on October 7, 2013 (First Presentation) U13-02/VC13-03 Page 13 of 29 400 Master Plan Livable Centers Initiative and the City of Milton 2030 Comprehensive Plan” and additionally, “That within the Deerfield/Highway 9 area, ordinary activities of daily life should be able to occur within walking or bicycling distance of most dwellings.” 2) There are such extraordinary and exceptional situations or conditions pertaining to the particular piece of property that the literal or strict application of this zoning ordinance would create an unnecessary hardship due to size, shape or topography or other extraordinary and exceptional situations or conditions not caused by the variance applicant. The applicant states in the letter of intent that to meet the requirement stated above, that: “In order to provide such accessory nonresidential uses, such building space would be required to be developed at an economic loss, which would have the effect of having the development costs exceed the income that could be generated from any proposed development of the Property…..Finally, a hardship arises in providing for 50% of the total floor area as retail, office or lodging functions because there does not exist a market for such functions at this location.” It is Staff’s opinion that economic hardships do not meet the standard of the variance consideration outlined above. 3) Relief, if granted would not cause a substantial detriment to the public good and surrounding properties. By not implementing the requirement of mixed use for the site, it negates the Plan’s intent to ensure that ordinary activities of daily life should be able to occur within walking or bicycling distance of most dwellings and provide an overall cohesive development for live and work for the community. Thus, the requirement for the mixed use component when developing Apartments is required. Therefore, Staff recommends DENIAL of VC13-03 – Part 1. Prepared by the Community Development Department for the Mayor and City Council Meeting on October 7, 2013 (First Presentation) U13-02/VC13-03 Page 14 of 29 Apartment Development Standards for Use Permit (Section 64-1839) Required Standard Meets the Standard (1) Required off-street parking spaces shall be no greater than 400 feet away, as measured along a pedestrian walkway, from the door of the unit they serve. Yes 2) Apartment developments shall incorporate outdoor amenity spaces for the use of occupants, provided on the lot and available as passive or active recreational space by occupants, subject to the following: a. Outdoor amenity space shall be provided in the ratio of 75 square feet per dwelling unit. b. Outdoor amenity space may be met in one c ontiguous open area or in multiple open areas on the lot. To receive credit the area must be at least ten feet in both length and depth. c. Outdoor amenity space may be located at or above grade. d. Outdoor amenity space may be roofed but cannot be enclosed. e. Outdoor amenity space cannot be parked or driven upon, except for emergency access. f. In calculating the minimum outdoor amenity space requirement, the following can be included: swimming pools, paved surfaces and structures when they are a part of approved features such as gazebos, fountains, and plazas (but excluding any parking areas serving such approved features), ground-level active and passive recreational facilities, roof decks, and roof top gardens. g. In calculating the minimum outdoor amenity space requirement, civic spaces counting towards the minimum requirements of the applicable zoning district may not be included. 104 sq.ft/unit Yes Yes Yes Yes Yes Yes Yes 3) All outdoor amenity spaces and other landscaped areas shall be maintained by a professional landscaper. Yes 4) A minimum of 50 percent of dwelling units above the first -floor shall have balconies with a minimum floor dimension of six feet by ten feet. Yes 5) Adequate provision for the disposal of refuse shall be made within each apartment building, or such refuse shall be conveyed to a central point or points to facilitate collection. Disposal arrangements shall be the responsibility of the apartment building owner. Yes 6) Each dwelling unit shall have central heating and cooling facilities. Yes 7) Adequate laundry facilities consisting of automatic washing and clothes-drying machines in a common laundry room shall be provided, or a washer and dryer hook-up shall be installed in each dwelling unit. Yes 8) A minimum of 300 cubic feet of separate contiguous storage space shall be provided for each dwelling unit. No- See VC13- 03, Part 2 – see below Prepared by the Community Development Department for the Mayor and City Council Meeting on October 7, 2013 (First Presentation) U13-02/VC13-03 Page 15 of 29 VC13-03 – Part 2 - To delete the requirement to provide a minimum of 300 cubic feet of separate contiguous storage space shall be provided for each dwelling unit The applicant is requesting to delete the above required storage space for each dwelling unit. I t is Staff’s opinion that the applicant has not demonstrated that: 1) Relief if granted, would not offend the spirit or intent of this zoning ordinance. The Use Permit development standards for Apartments require a minimum of 300 cubic feet of separate storage space. The request does in fact offend the intent of the requirement by requesting that all of the storage space be deleted for each unit. 2) There are such extraordinary and exceptional situations or conditions pertaining to the particular piece of property that the literal or strict application of this zoning ordinance would create an unnecessary hardship due to size, shape or topography or other extraordinary and exceptional situations or conditions not caused by the variance applicant. It is Staff’s opinion that the number of units can be decreased to accommodate the additional square footage required by the requirement of providing 300 cubic feet of separate storage. 3) Relief, if granted would not cause a substantial detriment to the public good and surrounding properties. It is Staff’s opinion that this development standard facilitates an adequate storage area so that the storage of belongings will not occur on porches or balconies which would cause a negative impact on nearby occupants and properties. Thus, the development standard for providing storage space is required. Therefore, Staff recommends DENIAL of VC13-03 – Part 2. Pedestrian Circulation The proposed site plan indicates a comprehensive internal pedestrian network throughout the development via required sidewalks adjacent to the proposed roads and within the natural area to the north. Staff recommends that the paths within the natural area be constructed of pervious materials and be a minimum of 10 feet wide. In addition, there are sidewalks that provide connections with the pedestrian sidewalk on Deerfield Parkway where there are two existing MARTA bus stops available to residents and visitors. Staff will require that the applicant provide bus stop shelters without any signage to be installed at the designated MARTA bus stops along Deerfield Parkway. The pedestrian network Prepared by the Community Development Department for the Mayor and City Council Meeting on October 7, 2013 (First Presentation) U13-02/VC13-03 Page 16 of 29 and bus stop shelters will assist in meeting the vision of improved pedestrian inter- connectivity stated in the Hwy 9/Georgia 400 Master Plan Livable Centers Initiative. These additional requirements will be reflected in the Recommended Conditions. City Arborist Comments: The site appears to have been selectively timbered within the past 15 years or so. There are some nice mature hardwoods on the site but few of specimen size. There is a nice diversity of trees on site and with strong natural re-vegetation occurring on site with a mix of oaks, maples, sweet gums, tulip poplars, hickories, sourwoods and dogwoods. The plan shows preserving some of the mature trees in the northern part of the project. Per the revised site plan, the applicant indicates approximately ten specimen trees are proposed to be removed equating to 128.1 tree density units to be recompensed. Recompense required will be 183 – four inch caliper hardwood/canopy trees. Please see Page 2 of the site plan for details. Specimen trees removed or preserved may vary. Final count will be done during the Land Disturbance Permit process. A springhead is located near the southwestern property line. This 75 foot stream buffer will not be impacted, nor will another stream buffer located at the northeastern property line. Public Works Department – Transportation The results of the traffic study indicate that for both existing and future conditions, the intersection of Morris Rd at Deerfield Pkwy does not operate at an acceptable level of service in the peak hour. A project currently under construction by City of Milton for this intersection will improve the overall operations in the base and design years. This project was identified in the Milton Comprehensive Transportation Plan and the schedule progressed with the opening of the extension of Westside Pkwy. The City of Alpharetta is currently re- constructing the intersection of Windward Pkwy at Deerfield Pkwy as part of the Westside Pkwy extension volumes. The applicant updated the Traffic Study and there have been no significant changes in the results since the original study in 2012. Environmental Site Analysis The Environmental Site Analysis (ESA) report is sufficient and satisfies the requirement of Section 64.2126. A field survey of the site was conducted by Staff to verify areas addressed in the ESA report. The site does not contain floodplains, steep slopes, historical sites or sensitive plant and animal species. The site does contain a perennial stream and wetlands. The proposed development will not have any impact on the stream and wetlands. Prepared by the Community Development Department for the Mayor and City Council Meeting on October 7, 2013 (First Presentation) U13-02/VC13-03 Page 17 of 29 Fulton County Board of Education Staff has received an updated and more detailed report from the Fulton County Board of Education Planning Department as shown below. Fiscal Impact Model Below is the result of the Fiscal Impact Model specifically for the proposed project. The assumptions included that the first year of permit revenue was approximately $150,000 which included both building permit and land disturbance permit fees for the entire project. Prepared by the Community Development Department for the Mayor and City Council Meeting on October 7, 2013 (First Presentation) U13-02/VC13-03 Page 18 of 29 Prepared by the Community Development Department for the Mayor and City Council Meeting on October 7, 2013 (First Presentation) U13-02/VC13-03 Page 19 of 29 Public Involvement Community Zoning Information Meeting On August 27, 2013 the applicant was present at the Community Zoning Information Meeting held at the Milton City Hall. Ten people signed the sign in sheet. Attendees questioned why the development was back when it was denied last year. Staff addressed that concern. In addition, there were concerns about increased traffic, reduction in their home values, public safety, and required inter-connectivity to the Frys development. City of Milton Design Review Board Meeting Courtesy Review – September 9, 2013 The following comments were made at the meeting: 1. Delete interconnectivity requirement to the adjoining lot to the west (Fry’s) for pedestrian safety. 2. Update traffic study for Deerfield and consider adding a bike lane. 3. Preference for a flat roof in lieu of a low pitched roof (current roof pitch proposed 4:12). 4. Architectural character should replicate the Crabapple area vernacular. 5. Milton has established different development nodes, this site plan does a good job of representing the new block structure of T6 transect zone as outlined in the FBC. 6. Integrate some commercial uses on the ground floor – these uses should be placed in the entry block at a minimum. Suggested uses, Starbucks, laundry mat, deli, etc. These commercial/retail uses should be opened to the general public to help support their longevity. 7. Future re-use of the buildings must be considered; ground floor levels must be designed with bay sizes and column grids that would accommodate future conversion to commercial /retail applications. This includes the floor to floor height and exterior appearance, window placement awnings etc. 8. The cubic space storage requirement should be maintained as it offsets the problem of occupants utilizing the balconies for storage. Public Participation Plan and Report The applicant has met the requirements of the Public Participation Plan. The applicant submitted the first Plan Report on September 11, 2013 and an update will be required 7 days prior to the Mayor and City Council meeting. The Public Participation Meeting was held on September 9, 2013 at 6:00 p.m. There were four members of the community in attendance. Attached at the end of the report are the comments and responses from the applicant. Prepared by the Community Development Department for the Mayor and City Council Meeting on October 7, 2013 (First Presentation) U13-02/VC13-03 Page 20 of 29 USE PERMIT CONSIDERATIONS In the interest of the public health, safety and welfare, the Mayor and City Council may exercise limited discretion in evaluating the site proposed for a use that requires a Use Permit. In exercising such discretion pertaining to the subject use, the Mayor and City Council shall consider each of the following as outlined in Sec. 64-1552 of the Zoning Ordinance: Use Permit Considerations. Staff has reviewed said items pertaining to the subject use, and, offers the following comments: 1. Whether the proposed use is consistent with the land use or economic development plans adopted by the Mayor and City Council: The Hwy 9/Georgia 400 Master Plan identifies the subject site and surrounding area as a Regional Activity Center. This area is bounded by GA 400 to the east, Webb Road to the north, and the properties adjacent to Deerfield Parkway and Windward Parkway to the west and south. The intent of the Plan is to facilitate development with higher densities in the Regional Activity Area. This includes higher densities for residential, office, and commercial developed in a vertical mixed use development. The proposed development of 256 units, at 12 units per acre, with no other type of non-residential development is inconsistent with this plan for the area. 2. Compatibility with land uses and zoning districts in the vicinity of the property for which the use permit is proposed: The applicant is requesting a 256 unit, multi-family development at a density of 12 units per acre. As indicated below, the adjacent and nearby zonings are inconsistent with the proposed development. Staff notes that there are townhomes to the northeast but at a lower density of 7.39 units per acre which is incompatible with the requested 12 units per acre. The nearest multi-family development is on the north side of Webb Road and west of Deerfield Parkway. Prepared by the Community Development Department for the Mayor and City Council Meeting on October 7, 2013 (First Presentation) U13-02/VC13-03 Page 21 of 29 Existing uses and zoning of nearby property (See table below and following map) Location Parcel / Zoning Petition Zoning / Development Name Approved Density (sq ft per acre)/ Max Square Feet of Bldg/Height North 1 Z74-48 U98-39 (to exceed height) C-1 (Community Business) Portion of Deerfield Professional Offices and Bright Horizons Day Care None Stated U98-39 for 4 stories Northeast 2 Z74-47 U96-72 (to exceed height) O-I (Office-Institutional) Portion of Deerfield Professional Offices None Stated U96-72 for 6 stories East 3 Z03-08 TR (Townhouse Residential) Lake Deerfield 116 units / 7.39 units per acre Southeast 4 Z97-098 O-I (Office-Institutional) Verizon Wireless office buildings 11,500/437,000 South 5 Z97-123/96U-68 (to exceed height) O-I (Office-Institutional) Developed with offices and hotel 13,000/282,000 6 stories South 6 RZ07-19/U07-10 O-I (Office-Institutional) Undeveloped 7,565/23,000 70 feet with 3 stories above grade and one story below grade West 7 Z73-001 C-1 (Community Business) Wal-Mart / Fry’s Electronics None Stated Further West 8 RZ06-49 C-2 (Commercial) Cactus Car Wash 5,406/6,000 Prepared by the Community Development Department for the Mayor and City Council Meeting on October 7, 2013 (First Presentation) U13-02/VC13-03 Page 22 of 29 EXISTING USES MAP Prepared by the Community Development Department for the Mayor and City Council Meeting on October 7, 2013 (First Presentation) U13-02/VC13-03 Page 23 of 29 3. Whether the proposed use may violate local, state and/or federal statutes, ordinances or regulations governing land development: The proposed use is in violation of the Use Permit development standard that requires storage areas and in violation of the Deerfield/Hwy 9 Form Based Code that requires the development to provide a minimum of 50% of other uses other than apartments or the first floor to be non-residential. 4. The effect of the proposed use on traffic flow, vehicular and pedestrian, along adjoining streets: It is Staff’s opinion that the proposed use may cause an increased burden on the streets and transportation facilities, utilities, and schools. However, the increase should be mitigated with the Recommended Conditions that provides for inter-connectivity between uses. 5. The location and number of off-street parking spaces; The following chart illustrates the parking required by Section 64-1410 of the City of Milton Zoning Ordinance for the proposed uses: Bedroom Size/ Use Ratio Number Spaces Required 1 bedroom (128 units) 1.4/unit 180 2 bedroom (128 units) 2.0/unit 256 Amenity/Pool 6 per pool plus 1 per 15 dwelling units beyond 60 served 20 456 required 456 provided The table above indicates a total of 456 parking spaces required and provided in the revised site plan submitted on October 2, 2013. Staff notes that the revised site plan dated September18, 2013, presented at the Planning Commission reflected a total of 404 spaces on the site plan utilizing the allowable administrative reduction in parking spaces. Prepared by the Community Development Department for the Mayor and City Council Meeting on October 7, 2013 (First Presentation) U13-02/VC13-03 Page 24 of 29 6. The amount and location of open space: The proposed development meets the required amount and location of open space as listed in the development standards of the Use Permit for Apartments as well as the requirements of the Deerfield/Hwy 9 Form Based Code. 7. Protective screening: The proposed development meets the required amount and location of protective screening as required by the Deerfield/Hwy 9 Form Based Code. 8. Hours and manner of operation: The proposed development is a use that is utilized twenty-four hours a day. The applicant has stated that they will work with the City regarding the proposed farmer’s market and the specifics of how it would if operate if approved. 9. Outdoor lighting: In the applicant’s letter of intent, the applicant states that the development will be in strict compliance with the outdoor lighting standards contained in the Deerfield/Hwy 9 Form Based Code. 10. Ingress and egress to the property. The proposed development shows two entrances where the existing full accesses are located on Deerfield Parkway: one on the southern end of the property and one in the central area of the property. In addition, there is an additional right-in/right-out access on the northern end of the development. These entrances further the goal of inter-connectivity and discourage dead-end streets. The site plan provides an inter-parcel connection with the northwestern property line adjacent to the Fry’s Electronics parking lot. This type of connection is recommended and illustrated in the Hwy 9/GA 400 Master Plan and the Deerfield/Hwy 9 Form Based Code. The intent is to decrease the size of the “super block” to encourage vehicular inter-connectivity and enhance utilization of excess parking lots. In addition, the site plan indicates inter-parcel access along the southern property line to the undeveloped office property (RZ07-19). Pursuant to RZ07-19, inter-parcel access is required to the subject site. In addition, the latest request for the Zoning Modification pursuant to ZM10-03, Staff also included a condition requiring inter-parcel access for the proposed data center to the adjoining property to the south (RZ07-19). These access Prepared by the Community Development Department for the Mayor and City Council Meeting on October 7, 2013 (First Presentation) U13-02/VC13-03 Page 25 of 29 requirements will be reflected in the Recommended Conditions if the Mayor and City Council choose to approve this petition. CONCLUSION The proposed 256 multi-family development is inconsistent with the policies and intent of the City of Milton Hwy 9/GA 400 Master Plan and previous City Council action on the subject site. Therefore, Staff recommends DENIAL of U13-02. In addition, Staff recommends DENIAL for VC13-03, Parts 1 and 2. If the Mayor and City Council choose to approve these requests, a set of Recommended Conditions is provided. Prepared by the Community Development Department for the Mayor and City Council Meeting on October 7, 2013 (First Presentation) U13-02/VC13-03 Page 26 of 29 RECOMMENDED CONDITIONS If this petition is approved by the Mayor and City Council, it should be approved for a Use Permit for Apartments CONDITIONAL subject to the owner’s agreement to the following enumerated conditions. Where these conditions conflict with the stipulations and offerings contained in the Letter of Intent, these conditions shall supersede unless specifically stipulated by the Mayor and City Council. 1) To the owner’s agreement to restrict the use of the subject property as follows: a) No more than 256 total dwelling units at a maximum density of 12 units per acre based on the total acreage zoned, whichever is less. b) Unit size shall be 128 one bedrooms and 128 two bedrooms. c) The entire development shall be developed with apartments. (VC13-03 – Part 1) 2) To the owner’s agreement to abide by the following: a) To the revised site plan received by the Community Development Department on October 2, 2013. Said site plan is conceptual only and must meet or exceed the requirements of the Zoning Ordinance, all other applicable City ordinances and these conditions prior to the approval of a Land Disturbance Permit. In the event the Recommended Conditions of Zoning cause the approved site plan to be substantially different, the applicant shall be required to complete the concept review procedure prior to application for a Land Disturbance Permit. Unless otherwise noted herein, compliance with all conditions shall be in place prior to the issuance of the first Certificate of Occupancy. 3) To the owner’s agreement to the following site development considerations: a) To provide two bus shelters at MARTA bus stops without signage as approved by the City of Milton Design Review Board. b) To construct the buildings as depicted in the elevations and renderings dated September 17, 2013. c) To delete the requirement to provide a minimum of 300 cubic feet of separate contiguous storage space shall be provided for each dwelling unit. (VC13-03 – Part 2) Prepared by the Community Development Department for the Mayor and City Council Meeting on October 7, 2013 (First Presentation) U13-02/VC13-03 Page 27 of 29 d) Internal multi-use trails shall be a minimum of 10 feet wide or as approved by the Public Works Department. i. Internal multi-use trails shall be constructed of pervious materials as approved by the Community Development Department. 4) To the owner’s agreement to abide by the following requirements, dedication and improvements: a) Dedicate at no cost to the City of Milton prior to the approval of a Certificate of Occupancy, sufficient land as necessary to provide the following: i. Provide at least 12 feet of right-of-way from the back of curb of all abutting road improvements or 1 foot from the back of sidewalk, whichever is greater, along the entire property frontage, as well as allow the necessary construction easements while right-of-way is being improved. ii. Installation/modification of the following transportation infrastructure to be installed in accordance with Chapter 48 Streets, Sidewalks and Other Public Places of the City of Milton Code of Ordinances: 1. SB Right Turn Lanes on Deerfield Pkwy at all site driveways a. Any existing sidewalk or utilities in conflict with new turn lane location shall be relocated. b) Any new required entrances shall meet the City of Milton Code of Ordinances and AASHTO guidelines as approved by Milton Public Works and shall conform to the following: i. The Deerfield Pkwy driveways shall provide a minimum of 100 feet or the 95% queue length, whichever is greater, of uninterrupted access. This distance shall be measured from the edge of the thru lane on Deerfield Pkwy to the edge of any interior drive aisle or parking space. ii. Provide two full access drives and one right-in, right-out access on Deerfield Parkway. c) At the time of development of the property to the south (N/F Devender & Muralidhar Reddy), a 50-foot access easement is required along the southern driveway from Deerfield Pkwy right of way to the location on the south property line where inter-parcel access will be provided to the property to the south. Prepared by the Community Development Department for the Mayor and City Council Meeting on October 7, 2013 (First Presentation) U13-02/VC13-03 Page 28 of 29 i. Location of access to shared drive shall be at a minimum distance of the 95th percentile queue for the combined condition with future development or one hundred feet, whichever is greater. d) Provide a 50-foot access easement free of any structures or utilities for vehicular and pedestrian inter-parcel access on the northwest property line (N/F First Town, L.P.) as coordinated with property owner to the north and as approved by Milton Public Works. 5) To the owner’s agreement to abide by the following: a) The stormwater management facilities shall comply with the City of Milton stormwater requirements and shall utilize earthen embankments, where possible. Walled structures are not encouraged. If walled structures are proposed, they must meet the acceptable design standards of the Department of Community Development. i. Where side slopes for stormwater management facility are steeper than 4:1 the facility shall have a six foot high, five-board equestrian style fence with two inch by four inch welded wire constructed around it, or as may be approved by the Director of Community Development. Prepared by the Community Development Department for the Mayor and City Council Meeting on October 7, 2013 (First Presentation) U13-02/VC13-03 Page 29 of 29 WILSON BRICK & IRBY, L.L.C. OVERLOOK I, SUITE 700 2849 PACES FERRY ROAD ATLANTA, GEORGIA 30339 WWW.WB1LEGAL.COM �i3-o2� yei3 03 Via Hand Delivery ATTORNEYS AT LAW STEPHEN ROTHMAN SR0THMANff_ W BiLEGAL. COM_ DIRECT DIAL: (770) 803-3731 Mayor and City Council City of Milton c/o Kathleen Fields, Director Community Development Department 13000 Deerfield Parkway, Suite 107F Milton, Georgia 30004 October 1, 2013 RE: Petition Numbers U13-02NC13-03 Honorable Mayor and Member of Council: TELEPHONE {4041853.5050 FACSIMILE 1404} 853-1812 R"L-cj�'/Vleo ocr 0�, Zo 13 caM�UN r O'�� ��L TQ �V ELS 41E/V7. This firm represents Crescent Resources, LLC, now known as Crescent Communities, LLC, the owner and applicant of the application for the above -referenced Petitions. This submittal is to provide supplemental information and materials to respond to concerns and issues raised in the staff s analysis of the Application. The enclosed materials include the following: • Land Use Planning Study and Analysis prepared in August and September, 2013 regarding the Application prepared by Bill G. Huff, Jr. A1CP, CREA, GPA; and • Marketing and Development Analysis dated September 9, 2013 prepared by John A. Heagy, Ill, Senior Managing Director of Hines; and • Development and Financing Report dated September 25, 2013, prepared by John McRae, Managing Director, of CNL Financial Group; and • A history of the marketing efforts for the property which is the subject of the Application (the "Property") prepared by John S. Bell of Crescent Communities; Correspondence from Lamar Lambert, Engineering Administrator, Water Services Division, Fulton County, Georgia to Jared McKinnon dated May 31, 2013 confirming sewer availability and capacity (treatment and transmission) for the Property; • Verbatim minutes of the Zoning Agenda for the Regular Meeting of the Milton City Council for Monday, June 18, 2012; and WILSON BROCK & IRBY, L.L.C. October 1, 2013 Page 2 ► Report entitled "The Local Government Fiscal Impacts of Land Uses in the City of Milton" prepared by Jeffrey H. Dorfman, Ph.D. dated July 2012; and ■ City of Milton Staff Analysis and Recommendation For Petition Numbers RZ 12- 06NC 12-03 dated 611112012; and • North Fulton Office Study submitted in connection with 2012 rezoning application; and • Certified copy of the City's Zoning Ordinance, Resolution No. 12-04-218 A Resolution Adopting the Highway 91GA 400 Area Master Plan Livable Center Initiative Study (LCI), the 2030 City of Milton Comprehensive Plan dated 06-06-2011 (the "CDP") and the City's Highway 9/GA 400 Area Master Plan (the "LCI Study"); and - Report of the hearing of the City of Milton Planning Commission reviewing the Application held on Wednesday, September 25, 2013, and • Evaluation of increased construction costs to comply with the City of Milton Deerfield/Hwy 9 Overlay District, due to extraordinary topographic conditions of the Property. • A DVD containing the deliberations of the City Council and Mayor regarding Petition Numbers RZ12-06NC12-03 on August 20, 2012 and September 5, 2012. The documents attached are numbered sequentially from 00001 through 0000982. Number 4000982 is the above -referenced DVD contained in an envelope. Under separate cover, a traffic study and analysis of the Application was submitted directly from the Applicant's traffic consultant to the City's traffic analysis division. In addition, this letter is to clarify and respond to a specific factual error contained in the Community Development Department Analysis and Recommendations dated 9/19/2013 ("Staff Recommendations"). On page 23 of 29 of the Staff Recommendations, under Criteria 5 of the Special Use Permit considerations, the staff found that the Application proposed a total of 404 parking spaces and that the Applicant has requested an administrative variance to reduce the number of required parking spaces. This finding of fact is in error. The Applicant has not requested an administrative variance to reduce the number of required parking spaces at this time. The Application proposed 460 parking spaces, as shown on the site plan filed with the City, which is in excess of the 458 parking spaces required for the Application.. The Applicant was (and continues to be) willing to work with the City to reduce the amount of parking spaces required, if that is the City's desire. To that end, the Applicant prepared a revised site plan as requested by the staff to evaluate such a request. However, the WILSON BROCK & IRBY, L.L.C. October 1, 2013 Page 3 Applicant has not revised or amended its Application to seek an administrative variance. The Applicant proposes the full provision of required parking as shown on the site plan submitted with the Application containing 460 parking spaces and seeks no reduction in required parking. This letter is to request that the Staff Analysis and Recommendation be revised so as to correct the record by eliminating any reference to a request by the Applicant for an administrative variance and to reflect that the Application meets the parking requirement imposed by the Zoning Ordinance for the development proposed. Finally, by way of clarification, Crescent Resources, LLC has amended its Articles of Organization to change its name to Crescent Communities, LLC. The Secretary of State of Georgia issued a Certificate of Name Change effective April 1, 2013 certifying this fact. That certificate is enclosed herewith on numbered page 0000981. Crescent Resources, LLC and Crescent Communities, LLC are one and the same entity. As such, Crescent Resources, LLC is now known as Crescent Communities, LLC. In an abundance of caution, all constitutional notices submitted in the Petition on behalf of the Applicant are hereby asserted on behalf of Crescent Resources, LLC now known as Crescent Communities, LLC, as owner of the Property. The portions of the Zoning Ordinance of the City of Milton, on its face or as applied to the Property, which regulate or may regulate the Property so as to prohibit the Property's development and its intended use as proposed by the Owner and Applicant in this Application, or any part thereof, would be unconstitutional in that they would destroy the Owner's and the Applicant's property rights without first paying fair, adequate and just compensation for such rights, deny the Owner's and Applicant's right to the equal protection of the laws, and deny the Owner's and the Applicant's right to the protection of due process all as guaranteed by Article I, Section I, Paragraph I of the Constitution of the State of Georgia, Article 1, Section III, Paragraph I of the Constitution of the State of Georia, Article 1, Section 1, Paragraph Il of the Constitution of the State of Georgia and the 5" and 14th Amendments to the United States Constitution. Any action taken by the governing authority of the City of Milton to deny, prohibit or otherwise prevent the development and intended use of the Property as proposed and requested by the Owner and Applicant in this Application, or any part thereof, would constitute an arbitrary and capricious act without any rational basis therefore constituting an abuse of discretion in violation of the above -referenced constitutional provisions and guarantees. The imposition of any condition of approval which differs from conditions of approval requested by the Owner and Applicant would also constitute a violation of the Owner's and Applicant's constitutional rights in contravention of the above -referenced constitutional provisions and guarantees. The approval of the Special Use Permit without the simultaneous approval of the Concurrent Variances requested would also constitute a violation of the Owner's and Applicant's constitutional rights in contravention of the above -referenced constitutional provisions and guarantees. WH,sON BROCK & 1"Y, L.L.C. October 1, 2013 Page 4 Now therefore, the Owner and Applicant respectfully request that the Special Use Permit and Concurrent Variances be approved as submitted by the Applicant (including any amendments to the Application which may be submitted by the Applicant hereafter) in order that the Owner and Applicant be able to proceed with lawful use and development of the Property. Sincerely, WILSON BROCK & IRBY, L.L.C. Q �' �� q�" Stephen Rothman SR: Enclosures Page is too large to OCR. Page is too large to OCR. Page is too large to OCR. Page is too large to OCR. Page is too large to OCR. Page is too large to OCR. Page is too large to OCR. Page is too large to OCR. Page is too large to OCR. Page is too large to OCR. Page is too large to OCR. Page is too large to OCR. HOME OF' ESTAMISHED 2006 TO: City Council CITY COUNCIL AGENDA ITEM DATE: September 30, 2013 FROM: City Manager AGENDA ITEM: Consideration of an Ordinance to Amend Chapter 2, Article V1, Administration -Financial Management Program Section 2-626(a)(2) to Provide for Piggybacking from Contracts of Other Public Entities. MEETING DATE: Monday, October 7, 2013 Regular City Council Meeting. BACKGROUND INFORMATION: (Attach additional pages if See attached memorandum APPROVAL BY CITY MANAGER: APPROVED CITY ATTORNEY APPROVAL REQUIRED: y YES CITY ATTORNEY REVIEW REQUIRED: (KYES APPROVAL BY CITY ATTORNEY (APPROVED PLACED ON AGENDA FOR: /no7i3 REMARKS {) NOT APPROVED () NO O NO O NOT APPROVED © Youm GI een~ Ar *ccriifie4* �oP PHONE: 678.242.2500 j FAX: 578.242.2499 Community info(ocityofmiltonga.us j www.cifyofmlifonga.us �• , 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 To: Honorable Mayor and City Council Members From: Stacey Inglis, Assistant City Manager Date: Submitted on September 27, 2013 for the October 7, 2013 and October 21, 2013 Regular Council Meetings Agenda Item: Consideration of an Ordinance to Amend Chapter 2, Article VI, Administration-Financial Management Program Section 2-626(a)(2) to Provide for Piggybacking from Contracts of Other Public Entities Department Recommendation: Adopt the ordinance to amend Chapter 2, Article VI, Administration-Financial Management Program Section 2-626(a)(2) to provide for piggybacking from contracts of other public entities. Executive Summary: It has been determined that the purchasing policies only allow for piggybacking on other municipalities’ contracts – meaning other cities. We would like to expand that to include counties, authorities and school boards. Funding and Fiscal Impact: We would stand to gain better pricing and efficiencies in staff’s utilization of time. Alternatives: Leave the language as is. Legal Review: Ken Jarrard (approved via email on 9/27/13) Concurrent Review: Chris Lagerbloom, City Manager Attachment(s): Ordinance STATE OF GEORGIA COUNTY OF FULTON ORDINANCE NO. AN ORDINANCE TO AMEND CHAPTER 2, ARTICLE VI, ADMINISTRATION- FINANCIAL MANAGEMENT PROGRAM SECTION 2-626(a)(2) TO PROVIDE FOR PIGGYBACKING FROM CONTRACTS OF OTHER PUBLIC ENTITIES WHEREAS, Chapter 2, Article VI of the Code of Ordinances of the City of Milton, Georgia contains provisions allowing for the purchase of products or services by piggybacking off of other municipalities’ contracts; and WHEREAS, it has been determined that the term “municipality” refers specifically to other cities and excludes public entities such as counties, authorities and school boards; BE IT ORDAINED by the Mayor and Council of the City of Milton, Georgia while in a regul ar called council meeting on the 21st of October, 2013 at 6:00 p.m. as follows: SECTION 1. That the amendment to Section 2-626(a)(2), as reflected in the highlighted language, is hereby adopted and approved; and is attached hereto as if fully set forth herein; SECTION 2. All ordinances, parts of ordinances, or regulations in conflict herewith are repealed. SECTION 3. This Ordinance shall become effective upon its adoption. ORDAINED this the 21st day of October, 2013. ____________________________________ Joe Lockwood, Mayor Attest: ______________________________ Sudie AM Gordon, City Clerk (Seal) Sec. 2-626 (a) Source selection. Except as provided in this section, all vendor selections shall be made by the purchasing office. When making the vendor selection, the purchasing office will choose the lowest, best, responsible, responsive vendor. It is recognized that exceptional requirements may dictate that the USER is instrumental in selecting vendors. In such cases, it is necessary that this need be transmitted to the purchasing office with sufficient documentation as to the reason for the exception. This must be done in advance of any firm negotiations or commitment with the vendor. (1) In determining where to purchase products and services based on competitive prices and costs incurred in obtaining the purchase, the city shall purchase locally when all of these requirements are equal. (2) The city shall not make purchases of products or services from city employees or councilmembers or from businesses owned by members of these two groups unless specifically approved by the city council. The city shall have the right to piggyback from other municipality’s city, county, local authority and board of education contracts if the vendor will extend the same prices, terms, and conditions to the city. This source selection shall only be made available where competition was used by the other agency to secure the contract within the previous and only for a period of 12-months following entry into the contract by the other agency period and competition was sought. This provision shall not apply for any contract where state law mandates the city utilize its own competitive procurement process. HOME OF' MtLT'oN-* ESTABLISHED 2000 CITY COUNCIL AGENDA ITEM TO: City Council DATE: September 26, 2013 FROM: City Manager AGENDA ITEM: Consideration of T13-02NC13-05 - 13700 Highway 9 — New Cingular Wireless, PCS, LLC (a/k/a AT&T Mobility) Consideration of an Ordinance to Increase the Height of the Tower from 175 Feet to 185 Feet and a Two Part Concurrent Variance; 1) Reduce Tower Setbacks to Allow Existing Tower to be Set Back 26 Feet from Eastern Property Line and 20 Feet from Northern Property Line (all measured from centerline of tower) (Sec. 54-6 (d)(1). 2) Reduce the 20 Foot Required Landscape Strip to 10 Feet (currently existing) (Sec. 54-6 (e). MEETING DATE: Monday, October 7, 2013 Regular City Council Meeting. BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (APPROVED CITY ATTORNEY APPROVAL REQUIRED: YES CITY ATTORNEY REVIEW REQUIRED: OYES APPROVAL BY CITY ATTORNEY APPROVED PLACED ON AGENDA FOR: 100113 REMARKS () NOT APPROVED () NO () NO NOTAPPROVED 44 ©It Your :,,, Green : �nafwd { PHONE: 678,242.25001 FAX: 678.242.2499 w� Ory of infoQcityofmiltonga.us i www.clfyofmiltonga.us cOmm�n!ty Erj„ 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 - 1 R7irieo STATE OF GEORGIA ORDINANCE NO. COUNTY OF FULTON T13-02/VC13-05 AN ORDINANCE TO APPROVE A MODIFICATION TO AN EXISTING WIRELESS TELECOMMUNICATIONS TOWER LOCATED AT 13700 HIGHWAY 9 FROM 175 FEET TO 185 FEET AND TO APPROVE TWO CONCURRENT VARIANCES AS PERMITTED IN SEC 54-7(a)(7) OF THE CITY OF MILTON CODE OF ORDINANCES. BE IT ORDAINED by the City Council of the City of Milton, GA while in a regularly called council meeting on October 7, 2013 at 6:00 p.m. as follows: SECTION 1. That the modification to the existing wireless telecommunications tower located at 13700 Highway 9 and two part concurrent variance 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 7th day of October, 2013. __________________________________ Joe Lockwood, Mayor Attest: ___________________________ Sudie AM Gordon, City Clerk STATE OF GEORGIA ORDINANCE NO. COUNTY OF FULTON T13-02/VC13-05 Recommended conditions for T13-02/VC13-05 13700 Highway 9 Should the Mayor and City Council choose to approve the application, Staff recommends the following conditions(s): 1. The maximum height of the facility shall be 185 feet. 2. Provide a 26 foot setback from the eastern property line and a 20 foot setback from the northern property line (Sec 54-6(d)(1)). 3. Provide a 10 foot landscape strip around the leased area (Sec 54-6(e)). PETITION NUMBER: T13-02 (Modification) / VC13-05 PROPERTY INFORMATION ADDRESS 13700 Highway 9 DISTRICT, LAND LOT 2/2, 898 OVERLAY DISTRICT Deerfield/Hwy 9 Form Based Code EXISTING ZONING C-1 (Community Business) and Use Permit for a Self-Storage Facility ACREAGE 7.5 ACRES - 4,800 SQ. FT (Leased Area) EXISTING USE 175 foot tall telecommunications facility FUTURE LAND USE T-5 (FORM BASED CODE) DESIGNATION REQUESTED MODIFICATION:  Seeks to modify the telecommunications facility by increasing the height of the facility by 10 feet to 185 feet. REQUESTED CONCURRENT VARIANCE(S):  1) Reduce tower setbacks to allow existing tower to be setback 26 feet from the eastern property line and 20 feet from northern property line (Sec 54-6(d)(1)) and 2) Reduce the 20 foot required landscape strip to 10 feet (Currently existing) (Sec 54-6(e)). PETITIONER New Cingular Wireless PCS, LLC (a/k/a AT&T Mobility) 12555 Cingular Way, Suite 2440 Alpharetta, GA 30004 OWNER Your Extra Attic Alpharetta, LLC 104 West Candler Street Winder, GA 30680 ATTORNEY Ellen W. Smith, Esq. – Holt Ney Zatcoff & Wasserman, LLP 100 Galleria Parkway, Suite 1800 Atlanta, GA 30339 COMMUNITY DEVELOPMENT STAFF ANALYSIS Background: The subject site is an L-shaped tract with frontage on Highway 9, which is primarily used as a self-storage facility pursuant to zoning petitions RZ99-44 and U99-26. The existing telecommunications facility is located in the rear of the property, within a 4,800 square foot portion of the property and was permitted under Fulton County’s zoning ordinance in 2001. Based on the location within a non-residential zoning classification, it was approved administratively and is considered a “pre-existing tower” under Chapter 54 of the Code of Ordinances of the City of Milton. The existing facility currently supports four wireless carriers: Sprint, Clearwire, MetroPCS, and T-Mobile. SBA Communications (owns and manage the facility, pursuant to a ground lease agreement with the owner of the property, Your Extra Attic Alpharetta, LLC). AT&T has leased a portion of the site from SBA for the co- location of antennas on the tower structure and the location of accessory ground equipment. Modification Request: The applicant requests to increase the height from 175 feet to 185 feet which does not trigger any new Federal Aviation Administration (FAA) lighting requirements. The applicant has stated that this requested modification will negate the need for a new wireless communications tower within the City in this general vicinity. The radio-frequency analysis is attached for your review. Concurrent Variance Request: Staff notes that the proposed modification would be acceptable for expedited review and immediate building permit with the exception that the facility is a pre-existing tower and does not meet the all of the requirements of a wireless communications tower. Therefore, the applicant has requested a two part concurrent variance below: 1) Reduce tower setbacks to allow existing tower to be setback 26 feet from the eastern property line and 20 feet from northern property line (Sec 54-6(d)(1)) 2) Reduce the 20 foot required landscape strip to 10 feet (Currently existing) (Sec 54-6(e)). Staff notes that although this is a concurrent variance request per Chapter 54, Telecommunications, it is not required to show “hardship” but only to meet the procedural requirements of the Georgia Zoning Procedures Law which addresses advertising and public hearing requirements for the application. The Telecommunications ordinance allows the applicant to request a modification that will allow a separate wireless carrier to collocate on the facility and that the collocation would negate the need for a new facility in this area. Nevertheless, the applicant’s letter of intent states the following in accordance with the Application form requirements as follows: 1) Relief, if granted in the form of approving the modification and concurrent variances, would further (not offend) the spirit and intent of the Wireless Ordinance. Specifically, approval of the application serve a number of stated purposed of the Ordinance including, among others, minimizing the total number of towers and antennas within the city, promoting the joint use of existing tower sites among service providers, and enhancing the ability of providers of wireless communications services to deliver services to the community effectively and efficiently. See Wireless Ordinance Sec. 54-1(1), (8), and (9). 2) There are extraordinary and exceptional conditions pertaining to the Property, the Site and the Facility such that literal or strict application of the Ordinance would create an unnecessary hardship due to size and shape of the Property and caused by the existing location and design of the Facility that do not result from AT&T’s own actions. Most importantly, the location of the Fulton County water tanks prohibit AT&T’s collocation at an existing available height on the tanks and Fulton County’s own denial of AT&T’s ability to collocate on the tanks prohibit AT&T from serving its customers and deploying effective wireless service. 3) Relief, if granted, would not cause a substantial detriment to the public good or surrounding properties particularly because the facility has existed, with the existing setbacks and landscaping for a number of years. The modification to increase the height by less than 6% will have no detrimental impact on any surrounding property owner; instead, it will allow AT&T to serve its customers working, traveling and going to school in this surrounding area. 4) By approving this application, public safety, health and welfare are secured, and substantial justice will be done. Recommended conditions: Should the Mayor and City Council choose to approve the application, Staff recommends the following conditions(s): 1. The maximum height of the facility shall be 185 feet. 2. Provide a 26 foot setback from the eastern property line and a 20 foot setback from the northern property line (Sec 54-6(d)(1)). 3. Provide a 10 foot landscape strip around the leased area (Sec 54-6(e)). B e t h a n y B e n d B e t h a n y B e n d Cumming HwyCumming HwyCogburn RdCogburn RdBethany Bend Bethany Bend SS eerreennaaddee CC tt C C ee dd aarr FFaarrmmss CCtt BBaayyffiieelldd CCtt Wey c r o ft C irWeycroft C i rOakmeade TrceOakm eade TrceSS ..BBeett hh aa nn yy CCrreeeekk DDrr Le mbe th C tLembeth Ct KKeeyyiinngghhaa mm WW aayyNN ..BB ee tt hh aa nn yy CC rree ee kk DDrr AAllssttoonneeffiieelldd DDrr PPaarrkkbbrrooookk TTrrccee T h e H e r mit a g e D r T h e H e r mit a g e D r OO aa kk ss ii dd ee CC ii rr S o n e le y C tSoneley C t Subject Parcels Rivers & Streams Parcels Lakes & Ponds Milton City Limits Site Map T13-02 / VC13-05 13700 Hwy 9 North City of Milton September 2013 Date Created / Modified: 9/11/2013 City of Milton Department of IT - GIS G:\TaxCommunityDev\SiteMap\SiteMapT13-02_VC13-05_ap_v1.mxd 0 250 500 750 1,000125 Feet´ AG-1 CUP R-5A C-1 R-5 TR R-4A O-I B e t h a n y B e n d B e t h a n y B e n d Cumming HwyCumming HwyCogburn RdCogburn RdBethany Bend Bethany Bend SS eerreennaaddee CC tt C C ee dd aarr FFaarrmmss CCtt BBaayyffiieelldd CCtt Weyc roft C irWeycroft C irOakmeade TrceOakm eade TrceSS ..BBeett hh aa nn yy CCrreeeekk DDrr Le mbeth CtLembeth Ct KKeeyyiinngghhaa mm WW aayyAAllssttoonneeffiieelldd DDrr PPaarrkkbbrrooookk TTrrccee T h e H e r mit a g e D r T h e H e r mit a g e D r S o n e le y C tSoneley Ct SSpprriinnggbbrroo oo kk CC tt Subject Parcels Freeway/Highway Ramp Major Arterial/Collector Minor Arterial/Local Parcels Rivers & Streams Lakes & Ponds Milton City Limits Fulton County Boundary Agricultural (AG-1) Historic (H) Office and Institutional (O-I) Community Business (C-1) Community Business (C-2) Light Industrial (M-1) Industrial Park (M-1A) Heavy Industrial (M-2) Community Unit Plan (CUP) Neighborhood Unit Plan (NUP) Mixed Use (MIX) Single-Family Dwelling (R-1) Single-Family Dwelling (R-2) Single-Family Dwelling (R-2A) Single-Family Dwelling (R-3) Single-Family Dwelling (R-3A) Single-Family Dwelling (R-4) Single-Family Dwelling (R-4A) Single-Family Dwelling (R-5) Single-Family Dwelling (R-5A) Two Family Dwelling (R-6) Medium Density Apartment (A) Apartment Limited Dwelling (A-L) Townhouse Residential (TR) Mobile Home Park (MHP) Current Zoning T13-02 / VC13-05 13700 Hwy 9 North City of Milton September 2013 Date Created / Modified: 9/11/2013 City of Milton Department of IT - GIS G:\TaxCommunityDev\ZoningCase\CurrentZoning_T13-02_VC13-05_ap_v1.mxd 0 500 1,000 1,500250 Feet´ II[ I CI? IN _iii #1 JA E cs Eiz � � 5FP 1 fl 200i z� z � (y ^i �hQE[iOE, GfP7.fiE txr g I j °DRi`{�l All SFi�tSI e; :�:� � IEr•f �! G �e1�i�Tila! iPEE� s �� � i};fjj!:j 1Ei IN _iii #1 JA E .— Eiz ���� r �;l- i};fjj!:j 1Ei IN _iii #1 JA E .— In I d jet Ess j a a its 17 W 5 G r6�L�r x t3 q 6 i po rr"Sr ESE R y' a_� p r II � 8v cli v d o n !; ti � w ti v Lr a H a a W J a CO O Z r'19e:l a 170-oliloJoo MsL °� JyI Z w _ p a C6 � ��j ❑ 71, 0' na S Q a N O I�CWQ a(] zazo o 3 2 ss LU LL, _ LLI N7 G r6�L�r x t3 q 6 i po rr"Sr ESE R y' a_� p r II � 8v cli v d o n !; ti � w ti v Lr a H a a W J a CO O Z r'19e:l a 170-oliloJoo MsL r z r 41 Z w _ W a C6 71, 0' N � Q w F N O I�CWQ a(] zazo o 3 2 G r6�L�r x t3 q 6 i po rr"Sr ESE R y' a_� p r II � 8v cli v d o n !; ti � w ti v Lr a H a a W J a CO O Z r'19e:l a 170-oliloJoo MsL Attn: City of Milton, GA Reference: New Cingular Wireless PCS, LLC Site: GA4005 Site Address: 13700 Highway 9, Milton, Georgia 30044 Subject: City of Milton, GA Ordinance, Chapter 54 Telecommunications, Sec. 54-6 General Requirements, items 54-6(c)(6). To Whom It May Concern: In accordance with Ordinance Section 54-6(c)(6), the undersigned certifies that the modification of the wireless telecommunications facility is designed and will be constructed to meet all applicable and permissible local codes, ordinances, and regulations, including any and all applicable county, state and federal laws, rules, and regulations, including but not limited to the most recent editions of the National Electrical Safety Code and the National Electrical Code, as well as accepted and responsible workmanlike industry practices and recommended practices of the National Association of Tower rectors. By: Print Name: Title: [Affix GA 310 z V TI if wvt C5 i FDH Engineering, Inc., 6521 Meridien Drive Raleigh, NC 27616, Ph, 919.755.1012 Structural Analysis for SBA Network Services, Inc. 175' Monopole Tower wl Proposed 10' Extension SBA Site Name: Dodd Rd. SBA Site ID: GA46347-A-05 New Cingular Site ID: GA4005 FDH Project Number 1320351400 Analysis Results Tower Components 90.6% Sufficient Foundation 83.6% Sufficient Prepared By: Reviewed By: Andrew Reynolds, El Neil J. Kuplic, PE Project Engineer Vice President GA PE License No. PE020205 FDH Engineering, Inc. 6521 Meridien Drive Raleigh, NC 27616 (919) 755-1012 info@fdh-inc.com May 29, 2013 FORGE PRC J. Prepared pursuant to TWEfA-222-F Stnrcluraf Sfandards far SfeW Antenna Towers and Antenna Supporting Structures Document No. ENG -RPT -6015 Revision Date: 06.1711 `00 AT&T Mobility a'tOCL 5405 Windward Pkwy Alpharetta, GA 30004 New Cingular Wireless Site ID GA 4005 SBA Site Name: Dodd Road (SBA Site fD: GA46347-A-05) 13700 Highway 9, Milton, Georgia 30004 Demonstration of Collocation Opportunity and Avoidance of New Wireless Telecommunications Tower Personally appeared before me on this 4T" day of September, 2013, the undersigned officer, duly authorized to administer oaths, Lanre Ogun, who declares the following to be true and accurate: 1. My name is Lanre Ogun. I am over twenty-one (21) years of age and am competent to testify to the matters stated herein. The statements in this Affidavit are based upon my personal knowledge. 2. I am a Radio Frequency Engineer with AT&T Mobility which operates as New Cingular Wireless in the metro -Atlanta area ("AT&T'). My responsibilities include designing AT&T's wireless communications network as well as being the Lead Engineer for the entire Market as well as a Design Engineer for the On -Air and Future Builds we have in the entire state. I have been working in the field of radio frequency ("RF") planning, performance and optimization of wireless networks for the past 5+ years. 3. I have first-hand knowledge concerning the AT&T network throughout the City of Milton, Georgia. The new site is required to provide coverage for the areas around Commons Drive and Battle Creek Rd. A wireless telecommunications facility in this general area is essential to providing wireless services to Cambridge High School and the surrounding areas where AT&T currently has no or poor coverage due to lack of facilities. 4. Specifically, I have prepared and attached hereto as Exhibit A a propagation map reflecting the gaps and areas of insufficient coverage in AT&T's existing network. As shown on Exhibit A, AT&T has weak coverage in the areas immediately adjacent to Cambridge High School. 5. The location for new wireless facilities is selected based upon a comprehensive analysis of a target geographical area within which the proposed facility should be located in order to meet defined coverage objectives required by AT&T's network. In analyzing the target geographical with respect to these particular needs, AT&T assessed the following factors: - Aesthetic impact - Compatibility with existing land use & other zoning requirements - Site constructability - Suitability to meet RF propagation objectives - Willingness of landowner to lease land 6. Additionally, when reviewing a target area for the location of new wireless facilities, AT&T first looks to determine whether there are existing towers and structures on which it may collocate its facilities. In this case, there were two existing alternatives for collocation: (i) water tanks owned and operated by Fulton County, and (ii) an existing 175 -foot tower owned and operated by SBA Network Services, Inc. ("SBA"), and located at 13700 Highway 9, Milton, Georgia (the "SBA Tower'). 7. Fulton County declined to allow AT&T to collocate upon its water tanks. 8. The SBA Tower already has four wireless service providers located on it. The existing available height for collocation of AT&T's antennas on the SBA Tower is 138' feet. I have prepared and attach as Exhibit B a propagation map depicting coverage that would be provided if AT&T collocated on the SBA Tower at this existing available height assuming that the Fulton County water tanks did not exist. Exhibit B shows that but for the water tanks, AT&T could achieve coverage by collocating on the SEA Tower at an existing available height. However, the propagation tools that AT&T has available do not take into account these water tanks. Instead, analysis of the real world existing improvements indicates that AT&T's coverage would be extremely degraded (blocked) by these tanks. Accordingly, the existing availability is not sufficient to meet AT&T's needs. 9. Nevertheless, AT&T and SBA determined that if AT&T could extend the height of the SBA Tower by ten feet (10') (roughly a 6% increase in height), AT&T's coverage objectives could be met. Specifically, I have also prepared and attach as Exhibit C a propogation map depicting the coverage with this proposed modification to the SBA Tower. This Exhibit C clearly illustrates that the proposed modification will alleviate AT&T's existing coverage deficiencies. 10. The proposed ten -foot height extension of the SBA Tower will not trigger any new or heightened FAA lighting requirements. 11. There are no other structures within the target geographic area on which AT&T could collocate its antennas. AT&T's modification of the SBA Tower would obviate the need for a new wireless telecommunications tower in the City of Milton. 12. All of the propagation maps that are attached to this Affidavit were generated with a computer modeling program called Atoll. It takes into account number of variables including terrain, type of clutter (e.g. physical characteristics of an area that can impact and cause significant propagation losses in signal strength such as houses, structures, vegetation, trees and terrain), antenna height, available radio frequency and wireless equipment characteristics, before creating propagation prediction. The various parameters of the RF prediction model include terrain and clutter and are modified to more accurately reflect the actual terrain and topography of the specific location on the radio coverage predictions. In addition to the factors that are not shown on the plot, I reviewed the ability of a wireless cell site facility (WCF) at the location to handle the required call capacity or volume of calls and to provide the extent of data and other services required by AT&T customers. Coverage levels are set to ensure that greater than 95% of the locations in the coverage objective can expect signal strength sufficient to meet the design requirements. In other words, the design for this WCF is to ensure that 95% of the structures in the coverage objective area will receive AT&T service indoors. i {;. A'' f� "i' tiscs FCC approved E egE1C11Ci4S ns follows 13 b nd (RX 835-845; '1'X 843 -89ft B Sand (RX 846.50- 849.0 TX 891.50-894). 13 (RX 704-710; "1-. 734-740). A3. A4 (RX 850- 1860, 1"X 1930-1940). C (RX 710- j 16:'I'X 740-746). F (RX 890-1895: TX 1970— 14 5) and C ( RX 905-1910: TX 1985-149 ). 14, 1 4M submitting this Atiida,,�eorgia. in support of SBA's A lication for Expedited R View [o be submitted to the City of \1ilton. FURTHER AFFIANT SAI'l[Il NOT i Sworn io and subscribed before me ;epl 4 d'y of. 2013. Notary 1' [ .anre t7 [insert pri name] L - EMyF 1- � F• dam' � i� '� - �:r z � s ra •i �r f. n1 - - - - 1 �4, fIL • .r . 7 alL Exhibit B Coverage at available height of 13 9' (Note: Model cannot accurately predict the blockage caused by the water tanks located on the adjacent property) No Text " IF ' w. Tiowam , } ' .fir • �i. k i YallJ HOME OF ' 1 LTC ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: September 26, 2013 FROM: City Manager AGENDA ITEM: Consideration of a Waiver of Conflict affirmatively waiving any actual or potential conflict related to Jarrard & Davis, LLP's former service to the Charter Commission — upon which Mr. Wallace was a member - and Jarrard & Davis, LLP's present representation of the City against New Providence, LLC, an entity with whom Ron Wallace may have an interest, and otherwise directs Jarrard & Davis, LLP to continue advancing the City's interests in condemnation case, City of Milton v. 0.430 acres of land et al.. Civil Action File No. 2013CV227053. MEETING DATE: Monday, October 7, 2013 Regular City Council Meeting, BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: JJAPPROVED () NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: YES () NO CITY ATTORNEY REVIEW REQUIRED: YES O NO APPROVAL BY CITY ATTORNEY X APPROVED () NOT APPROVED PLACED ON AGENDA FOR.- REMARKS OR: REMARKS © Your _ PHONE: 678.242.2500 I FAX: 678.242.2494 rse� a "6,66 -en '� * �CRltjr� k 'eP'°° info®c'sfyofmiitongca.us www.cityofmiRonga.us Community E�h�s 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 - GEMTMEo s^o.:E - a WAIVER OF CONFLICT WHEREAS, the City of Milton, Georgia (the “City”) is a duly formed municipal corporation of the State of Georgia; WHEREAS, the City has filed an in rem condemnation petition in Fulton County Superior Court entitled City of Milton v. 0.430 acres of land et al., Civil Action File No. 2013CV227053; to acquire certain rights to land for purposes of constructing an intersection improvement at Birmingham Highway and Providence Road; WHEREAS, upon information and belief, Ron Wallace has an interest in the land obtained in the condemnation, and the award of just and adequate compensation therefore, either individually, or through New Providence, LLC, a named Condemnee may result in some benefit to Ron Wallace; WHEREAS, Ron Wallace served on the Charter Commission for the City of Milton, Georgia; WHEREAS, the City Attorney, Jarrard & Davis, LLP provided service and legal advice to the Charter Commission; WHEREAS, the Milton Charter Commission has been disbanded and is no longer in existence; WHEREAS, Ron Wallace’s prior membership on the Charter Commission and as a possible interest holder in the award of just and adequate compensation in the above referenced suit in Fulton County Superior Court, may give rise to the appearance of a conflict of interest with respect to Jarrard & Davis, LLP; and, WHEREAS, Jarrard & Davis, LLP’s role in providing legal guidance to the Charter Commission – as part of its duties as the City Attorney for Milton - acted wholly separate, apart and distinct, from Jarrard & Davis, LLP’s role in litigating the in rem condemnation action New Providence, LLC; WHEREAS, New Providence, LLC has its own attorneys in the in rem condemnation action; WHEREAS, Jarrard & Davis, LLP has advised that it can represent the interests of the City of Milton in the in rem condemnation against New Providence, LLC action zealously and ethically; and, WHEREAS, the City perceives no conflict of interest with respect to Jarrard & Davis, LLP’s former service to the Charter Commission – upon which Mr. Wallace sat – and in prosecuting the in rem condemnation action against an entity within which Mr. Wallace is a member. NOW THEREFORE, the City, having considered this issue, does hereby resolve as follows: 1. The City acknowledges Jarrard & Davis, LLP’s service to the Charter Commission, with such service provided by Jarrard & Davis, LLP in its capacity as City Attorney; 2. The City acknowledges that Ron Wallace served on the Charter Commission; 3. The City acknowledges that the Charter Commission is disbanded and no longer in existence; 4. The City acknowledges that Ron Wallace has an interest in New Providence, LLC; 5. The City acknowledges that these facts have been disclosed in an open session and that Jarrard & Davis, LLP has stipulated that it can represent the interests of the City zealously, and that Jarrard & Davis, LLP has no present attorney client relationship with Ron Wallace of any kind, and has never had such a relationship, except in the previous role of providing service to the Charter Commission; 6. The City finds and determines, upon having a full opportunity to consider these facts, that it does not perceive any conflict in Jarrard & Davis, LLP continuing its representation of the City in the in rem condemnation action; 7. The City affirmatively waives any actual or potential conflict related to Jarrard & Davis, LLP’s former service to the Charter Commission – upon which Mr. Wallace was a member - and Jarrard & Davis, LLP’s present representation of the City against New Providence, LLC, an entity with whom Ron Wallace may have an interest, and otherwise directs Jarrard & Davis, LLP to continue advancing the City’s interests in condemnation case, City of Milton v. 0.430 acres of land et al., Civil Action File No. 2013CV227053. ADOPTED AND APPROVED this 7th day of October, 2013. CITY OF MILTON, GEORGIA By: ________________________ Joe Lockwood, Mayor _____________________________ ___________________________ Councilmember Karen C. Thurman Councilmember Burt Hewitt _____________________________ ____________________________ Councilmember Matt Kunz Councilmember Joseph Longoria _____________________________ ____________________________ Councilmember Bill Lusk Councilmember Lance Large Attest: _______________________________ Sudie AM Gordon, City Clerk (SEAL) HOME OF ' ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council FROM: City Manager DATE: October 2, 2013 AGENDA ITEM: Consideration of a Resolution to Authorize the Mayor and City Council to Approve the Submission of the Letter of Interest for the Congestion Mitigation and Air Quality Program to the Atlanta Regional Commission in Partnership with Alpharetta, Georgia. MEETING DATE: Monday, October 7, 2013 Regular City Council Meeting. BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: 1 APPROVED CITY ATTORNEY APPROVAL REQUIRED: () YES CITY ATTORNEY REVIEW REQUIRED: () YES APPROVAL BY CITY ATTORNEY () APPROVED PLACED ON AGENDA FOR: /1907/3 REMARKS O NOT APPROVED (YNO { NO © Your PHONE: 678.24225001 FAX: 678.242.2499 infoftityofmiltonga.us i www.cityofmlltonga.us " C011'1MY.11'�y � Ei "{ _ ,.,,,, ,, ,,, , ;,,,, Ethers 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 CE -HEED ©R""zE e To: Honorable Mayor and City Council Members From: Chris Lagerbloom, City Manager Date: Submitted on October 2, 2013 for the October 7, 2013 Regular Council Meeting Agenda Item: Consideration of the Approval of a Resolution for Submission of a Letter of Interest for the Congestion Mitigation and Air Quality Program to the Atlanta Regional Commission in Partnership with Alpharetta, Georgia ____________________________________________________________________________ Department Recommendation: Approval of the resolution for the submission of a Letter of Interest for the Congestion Mitigation and Air Quality Program to the Atlanta Regional Commission in Partnership with Alpharetta, Georgia. Executive Summary: The Congestion Mitigation and Air Quality (CMAQ) Program is a federal funding program authorized as part of MAP-21. At the national and regional level, CMAQ is focused on reducing congestion and improving air quality in areas that do not meet the National Ambient Air Quality Standards for ozone, carbon monoxide, or particulate matter. As a region that is in nonattainment with these standards of the Clean Air Act, qualified projects in the region that meet program goals are eligible for federal funds. While the selection process is handled by the Atlanta Regional Commission (ARC), selected projects will be overseen by the Georgia Department of Transportation. This item was tabled in the City of Alpharetta at their September 16th City Council Meeting. Their directive was to speak with the City of Milton and seek our interest in a joint application. This project impacts both cities as it will ease the traffic congestion exiting Georgia State Route 400 northbound at Windward Parkway and will further ease westbound traffic to Deerfield Parkway. Based upon traffic assessments and traffic counts, it is reasonable for Milton to participate on a 40% basis. As with many grant applications, regional solutions are more favorably considered than one city applications. . The cities of Alpharetta and Milton desire to use this funding to bridge the funding gap for Windward Parkway, Phase II. The project proposed to improve the operations of the State Route 400 northbound exit lane in the evening peak hour by adding a left turn lane to create triple-left turns. In order to accommodate the triple-left turn lanes, Windward Parkway would also be widened from the northbound exit ramp intersection to the Westside Parkway/Deerfield Parkway intersection. In addition, a deceleration lane would be added along State Route 400 and the northbound exit ramp would be converted from a one-lane exit to a two-lane exit. The project concept has been developed and submitted to the Georgia Department of Transportation for approval. The environmental approval process is approximately 50% complete. The project is already partially funded through the North Fulton Community Improvement District and the Georgia Department of Transportation. The project is currently on hold, awaiting the execution of a Project Framework Agreement (PFA), because of a current budget shortfall. This CMAQ LOI requests the remaining money needed to cover the right-of- way and construction costs associated with this project. The Resolution, if approved grants permission to join with Alpharetta in submitting a letter of interest to the Atlanta Regional Commission. If granted, and if selected by the ARC to submit a full proposal, that proposal will once again come before the City Council for approval. Funding and Fiscal Impact: CMAQ requires at least 20% funding from local matches. A minimum funding level of $1,000,000 is anticipated for most awarded projects, but may be waived if minimal or no environmental and right-of-way activities are required. The cities of Alpharetta and Milton intend to use this grant to request the additional funding needed for Windward Parkway, Phase II. Total funding request $2,670,000. That will cover $950,000 for right-of-way expenses and $1,720,000 for construction expenses. The cities 20% match for this is: Alpharetta - $320,400 (60%) Milton - $213,600 (40%) Alternatives: The alternative is not to join with the City of Alpharetta in this letter of interest. Legal Review: None at this time Concurrent Review: Carter Lucas, PE – Public Works Director Attachment(s): Resolution Page 1 of 2 STATE OF GEORGIA COUNTY OF FULTON RESOLUTION NO. A RESOLUTION TO AUTHORIZE THE MAYOR AND CITY COUNCIL TO APPROVE THE SUBMISSION OF THE LETTER OF INTEREST FOR THE CONGESTION MITIGATION AND AIR QUALITY PROGRAM TO THE ATLANTA REGIONAL COMMISSION IN PARTNERSHIP WITH ALPHARETTA, GEORGIA WHEREAS, the Atlanta Regional Commission has made available funding through the Congestion Mitigation and Air Quality Program; and WHEREAS, such funds may be used to reduce congestion and improving air quality in areas that do not meet the National Ambient Air Quality Standards for ozone, carbon monoxide, or particulate matter; and WHEREAS, the first step in the application process is to submit a Letter of Interest; and WHEREAS, if approved, the second step will be the submission of a full proposal; and WHEREAS, the City of Milton desires to use funding from this program to help fund the construction of Windward Parkway, Phase II; and WHEREAS, evidence authorizing the acceptance of said Letter of Interest must be provided. NOW, THEREFORE BE IT SO RESOLVED, this 7th day of October, 2013, by the Mayor and Council of the City of Milton that the submission of the Letter of Interest for the Congestion Mitigation and Air Quality Program is hereby approved; and if selected to submit a full proposal by the Atlanta Regional Commission the project will once again come before City Council for approval. This 7th day of October, 2013. BE IT SO RESOLVED AND ORDAINED, this 7th day of October, 2013, by the Council of the City of Milton, Georgia. Page 2 of 2 CITY OF MILTON, GEORGIA By: ________________________ Joe Lockwood, Mayor ______________________________ ____________________________ Council Member Karen C. Thurman Council Member Burt Hewitt ______________________________ ____________________________ Council Member Matt Kunz Council Member Joseph Longoria ______________________________ ____________________________ Council Member Bill Lusk Council Member Lance Large Attest: _______________________________ Sudie AM Gordon, City Clerk HOME OF ' ESTABL151-IFD 2006 CITY COUNCIL AGENDA ITEM TO: City Council FROM: City Manager DATE: September 26, 2013 AGENDA ITEM: Consideration of a Settlement from Consent Final Order and Judgment of the Condemnation of 0.430 Acres of Right of Way and 0.296 Acres of Permanent Construction and Maintenance Easement and 0.019 Acres of Temporary Construction Easement on Parcel 4 from New Providence LLC, and Arthur E. Ferdinand as Fulton County Tax Commissioner in the Amount of $125,000. MEETING DATE: Monday, October 7, 2013 Regular City Council Meeting. BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: APPROVED O NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: 0 YES O NO CITY ATTORNEY REVIEW REQUIRED: 'lK YES () NO APPROVAL BY CITY ATTORNEY VAPPROVED O NOT APPROVED PLACED ON AGENDA FOR: �0-113 REMARKS I g]'* YOU nt PHONE: 678.242.25001 FAX: 678.242.2494 ewr Green � ; Cert�$ed ; Op 10° info@cityofmi. ltonga.us 1 www.cityofmiltonga.us wr�a Community t CItyd 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 `£a*'F'E° aA°"tl 'w 4P To: Honorable Mayor and City Council Members From: Carter Lucas, PE – Director of Public Works Date: Submitted on September 25, 2013 for the October 7, 2013 Regular Council Meeting Agenda Item: Settlement from Consent Final Order and Judgment of the Condemnation of 0.430 Acres of Right of Way and 0.296 Acres of Permanent Construction and Maintenance Easement and 0.019 Acres of Temporary Construction Easement on Parcel 4 from New Providence LLC; and Arthur E. Ferdinand as Fulton County Tax Commissioner in the Amount of $125,000. ____________________________________________________________________________ Department Recommendation: N/A Executive Summary: On February 8, 2013, the City filed a Petition and Declaration of Taking for Parcel #4 of the GDOT Project PI 0005448 Birmingham Hwy and Providence Road. Judgment was entered in the amount of $125,000 as just and adequate compensation in this case. Funding and Fiscal Impact: Funding for this acquisition is available in the SR372/Birmingham Hwy at Providence Rd Intersection Improvement capital grant fund account and 80% is reimbursable. Alternatives: N/A Legal Review: N/A Attachment(s): Consent Final Order and Judgment IN THE SUPERIOR COURT OF FULTON COUNTY STATE OF GEORGIA CITY OF MILTON, GEORGIA Condemnor, vs. 0.430 ACRES OF LAND IN FEE SIMPLE; 0.296 ACRES OF PERMANENT EASEMENT; 0.019 ACRES OF TEMPORARY EASEMENT FOR THE CONSTRUCTION OF DRIVEWAY; NEW PROVIDENCE, LLC, a Georgia Limited Liability Company; and ARTHUR E. FERDINAND, in his capacity as Fulton County Tax Commissioner Condemnees. CIVIL ACTION FILE NO. 13CV-227053 CONSENT FINAL ORDER AND JUDGMENT WHEREAS, Plaintiff/Condemnor City of Milton, Georgia filed a Petition and Declaration of Taking in the above referenced matter to 0.430 acres of land in fee simple, 0.296 acres of permanent easement, and 0.019 acres of temporary easement for the construction of driveway, particularly described in Appendix B to Exhibit A of the Petition (the "Property"); WHEREAS, the sum of Forty-five Thousand, Seven Hundred and no/100 Dollars ($45,700.00) was paid into the Registry of this Court by Condemnor as estimated total just and adequate compensation for the taking of the interests of the Condemnees in the Property; WHEREAS, Condemnee New Providence, LLC ("New Providence") and the Tax Commissioner for Fulton County have been properly served; Consent Final Order s Judgment 2013CV-227053 Page 2 WHEREAS, the Tax Commissioner has filed an Answer and may retain future claims for ad valorem taxes as they may become due on the remaining parcel but does not make any claim to the funds deposited or to be deposited into the registry of the Court for just and adequate compensation to New Providence; WHEREAS, the Tax Commissioner does not object to the release of any funds deposited or to be deposited into the registry of the Court to New Providence; WHEREAS, the City of Milton, agrees to deposit an additional Seventy-nine Thousand Three Hundred and no/100 Dollars ($79,300.00) into the Registry of the Court, to be made payable to New Providence, LLC along with the aforementioned initial deposit for a total sum of One Hundred Twenty Five Thousand and no/100 Dollars ($125,000.00) payable as just and adequate compensation to New Providence. WHEREAS, that in addition to payment of $125,000.00, just and adequate compensation includes a full access curb cut on Birmingham Road, a right -in and right - out access curb cut to Providence Road and a separate easement document from the City of Milton to New Providence for such right -in and right -out access on Providence Road, and WHEREAS, the Parties are desirous of resolving their disputes without further litigation and expense. NOW, THEREFORE, IT IS HEREBY ORDERED AND ADJUDGED that judgment be entered in the amount of $125,000.00 as just and adequate compensation in this case. The City of Milton shall tender into the registry of the Court $79,300.00 representing the difference between the amount of just and adequate compensation agreed upon and the amount deposited into the Court's registry. Upon the additional deposit of $79,300.00 by Consent Final Order & Judgment 2013CV-227053 Page 3 the City of Milton, the Clerk shall tender the sum of $125,000.00 payable to New Providence, LLC. FURTHER ORDERED that upon submission by New Providence, or its successor in interest, of an application for the development of the remainder of the subject property to the Community Development Department of the City of Milton pursuant to the procedures set forth in the Milton Code of Ordinances,., the City agrees to permit and otherwise authorize a right -in, right -out access points on Providence Road and a full access point on Birmingham Highway In furtherance of this paragraph, the City of Milton will coordinate with the Georgia Department of Transportation for pouring of access aprons, and the City will issue a separate easement document to New Providence or its successor in interest across the City's right of way to facilitate access. While the curb cuts are a part of just and adequate compensation, the City's obligation to provide same is subject to any controlling State or federal rule or regulation that may prohibit installation as presently contemplated by the parties. If a legal impediment occurs such that the curb cuts cannot be authorized and installed as contemplated in this Consent Order, the parties agree that settlement will not fail for lack of consideration nor shall New Providence be entitled to additional just and adequate compensation . ORDERED that upon payment of $125,000 from the registry of the Court to New Providence, the Clerk of this Court is hereby directed to mark the judgment satisfied With respect to the apron and curb cuts, those obligations shall remain executory and shall be enforceable by way of a motion to enforce filed with the Court. Jurisdiction over this matter shall remain vested in the Court for purposes of enforcement until such time as Consent Final Order o- Judgment 2013CV-227053 Page 4 the apron and curb cuts are installed, or until the parties stipulate such installation is prohibited by State or federal rules or regulations, whichever occurs first... . ORDERED that subject to the foregoing„ all appeals and claims previously filed in this action by any party stands dismissed with prejudice and with all costs of this action taxed against the City of Milton; and ORDERED that subject to the foregoing, all issues in this case, including but not limited to those of just and adequate compensation, the amount and description of the property taken, consequential damages, attorney fees, litigation expenses and any further damages sought or which could have been sought in this action by New Providence are concluded and New Providence shall have no further claim against The City of Milton with respect to this action and acquisition of real property rights. This day of , 2013. HONORABLE DORIS L. DOWNS Judge, Superior Court of Fulton County (SIGNATURES CONTINUE ON FOLLOWING PAGE) Consent Final Older & Judgment 2013CV-227053 Page 5 PREPARED AND CONSENTED TO BY: JARRARD & DAVIS, LLP CHRISTOPHER J. HAMILTON Georgia Bar No. 320853 105 Pilgrim Village Drive, Suite 200 Cumming, Georgia 30040 (678) 455-7150 — telephone (678) 455-7149 — facsimile Attorney for The City of Milton CONSENTED TO BY: CONSENTED TO BY: FULTON COUNTY OFFICE OF THE COUNTY ATTORNEY WILLIAM S. SAMS �,,��- eX pre- S --'S Georgia Bar No. 101051 fern NI SSi o,n PAT D. DIXON, JR. Georgia Bar No. 223387 141 Pryor Street, SW Atlanta, Georgia 30303 (404) 612-0246 — telephone (404) 730-6324 - facsimile Attorney for Arthur E. Ferdinand, Fulton County Tax Commissioner Bn AVE _C cs H CHRISTOPHE P. GALANEK Georgia Bar No. 282390 e s S 5 0 ,r, THERESA B. HUBBARD Georgia Bar No. 143176 One Atlantic Center, 14th Floor 1201 W. Peachtree Street, NW Atlanta, Georgia 30309 (404) 572-6979 - telephone (404) 572-6979 — facsimile Attorney for Condemnee New Providence, LLC HOME OF'THE BbT (�,,AL-I" )F Lji-r-hP�-::"1'\C�IA' MILTO _" N't ESTABLISHED 2006 TO: City Council CITY COUNCIL AGENDA ITEM DATE: October 2, 2013 FROM: City Manager AGENDA ITEM: Consideration of a Resolution Appointing a Member to the City of Milton Design Review Board by Appointing a Board Member for District 1/ Post 2. MEETING DATE: Monday, October 7, 2013 Regular City Council Meeting. BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: IX APPROVED O NOT APPROVED CITYATTORNEYAPPROVAL REQUIRED: O YES (XNO CITY ATTORNEY REVIEW REQUIRED: () YES 9 NO APPROVAL BY CITY ATTORNEY O APPROVED O NOT APPROVED PLACED ON AGENDA FOR: O O '7 13 REMARKS 14 youm APF C PHONE: 678.242.2500 1 FAX: 678.242.2499 ...�. Green ommunif info@cityofmlifongo.us I www.cityofmiltonga.us M:. ,.,y 13000 Deerfield Parkway, Soite 107 1 Milton GA 30004 `E"'"'E' 19KC4ZZ *an * Tpp ,IOU CxRified * Ciry of { Echics , 'yi O car STATE OF GEORGIA COUNTY OF FULTON RESOLUTION NO. A RESOLUTION APPOINTING A MEMBER TO THE CITY OF MILTON DESIGN REVIEW BOARD BY APPOINTING A BOARD MEMBER FOR DISTRICT 1/POST 2. BE IT RESOLVED by the City Council of the City of Milton, GA while in regular session on October 7, 2013 at 6:00 p.m. as follows: SECTION 1. That __________ __________ (District 1/Post 2) is hereby appointed for a term commencing October 7, 2013 and ending December 31, 2015; and, SECTION 2. That this Resolution shall become effective upon its adoption. RESOLVED this 7th day of October, 2013. Approved: ____________________________ Joe Lockwood, Mayor Attest: ______________________________ Sudie AM Gordon, City Clerk (Seal)