Loading...
HomeMy WebLinkAbout12-02-2013-Packet Joe Lockwood, Mayor CITY COUNCIL Karen Thurman Matt Kunz Bill Lusk Burt Hewitt Joe Longoria Rick Mohrig CITY COUNCIL CHAMBERS City Hall, Suite 107E Monday, December 2, 2013 Regular Council Meeting Agenda 6:00 PM INVOCATION - Pastor Jeff Kane, C3 Church, Milton, Georgia CALL TO ORDER 1) ROLL CALL 2) PLEDGE OF ALLEGIANCE (Led by Mayor Joe Lockwood) 3) APPROVAL OF MEETING AGENDA (Add or remove items from the agenda) (Agenda Item No. 13-279) 4) PUBLIC COMMENT 5) CONSENT AGENDA 1. Approval of the November 13, 2013 Special Called Regular City Council Meeting Minutes. (Agenda Item No. 13-280) (Sudie Gordon, City Clerk) MILTON CITY COUNCIL REGULAR COUNCIL MEETING DECEMBER 2 , 2013 Persons needing special accommodations in order to participate in any City meeting should call 678-242-2500. 2. Approval of the November 18, 2013 Regular City Council Meeting Minutes. (Agenda Item No. 13-281) (Sudie Gordon, City Clerk) 3. Approval of a Professional Services Agreement between the City of Milton and Blount Construction, Inc. for Sidewalk & Curb Replacement at Deerfield Parkway, Webb Road, Morris Road, Fire Station #43 and Wyndham Farms Subdivision. (Agenda Item No. 13-282) (Carter Lucas, Public Works Director) 4. Approval of an Agreement between the Georgia Department of Transportation and the City of Milton for Transportation Facility Improvements of Multi-Use Trail Connection to Big Creek Greenway Scoping and Concept Study. (Agenda Item No. 13-283) (Carter Lucas, Public Works Director) 5. Approval of a Construction Services Agreement between the City of Milton and TriScapes, Inc. for Stormwater Pipe Repair on Bethany Road. (Agenda Item No. 13-284) (Carter Lucas, Public Works Director) 6. Consideration of the Approval of Canine Program Implementation Agreement. (Agenda Item No. 13-285) (Sam Trager, Human Resources Director) 6) REPORTS AND PRESENTATIONS 1. Recognition and Presentation of Milton “Five” Year Anniversary Service Award Pins. (Presented by Mayor Joe Lockwood) 7) FIRST PRESENTATION 1. Consideration of RZ13-16/VC13-06 – Northeast Corner of Bethany Bend and Cogburn Road by Arrowhead Real Estate Partners, LLC to Rezone from AG-1 (Agricultural) to NUP (Neighborhood Unit Plan) to Develop 28 Single Family Residences at a Density of 3.08 Units Per Acre and to Request the Following Concurrent Variance: To Reduce the Interior Building Separation from 14 Feet to 10 Feet for the Entire Development [Sec. 64-921(k)]. (Agenda Item No. 13-286) (Kathleen Field, Community Development Director) MILTON CITY COUNCIL REGULAR COUNCIL MEETING DECEMBER 2 , 2013 Persons needing special accommodations in order to participate in any City meeting should call 678-242-2500. 2. Consideration of U13-03/U13-07 – 13440 Cogburn Road by St. Francis Day School, Inc. for a Use Permit (Sec. 64-1831) to Increase the Area of the School and the Total Square Footage from 92,616 Square Feet to 109,116 Square Feet that Includes a Practice Gym and Two Maintenance Buildings. A Two-Part Concurrent Variance for the Following: 1) Buildings Shall be Set Back More Than 30 Feet from the Edge of the Required Landscape Strip or Easements [Sec. 64-1145(3)(b)]. 2) Buildings Shall Not be Oriented to a Public Street [Sec. 64-1145(2)(a)]. (Agenda Item No. 13-287) (Kathleen Field, Community Development Director) 3. Consideration of U13-04/VC13-04 – 13895 Hopewell Road by Jeff Runner for a Use Permit to Use the Existing House and Approximately Five Acres for a Special Event Facility (Sec. 64-1812). A Four-Part Concurrent Variance for the Following: 1) To Delete the 8 Foot High Opaque Fence Along the South Property Line [Sec. 64-1812 (b)(2)]. 2) To Delete the 75 Foot Undisturbed Buffer and 10 Foot Improvement Setback Along All Property Lines [Sec. 64-1141(3)(b)]. 3) To Delete the Three Year Period Requirement [Sec. 64-1812(b)(6)]. 4) To Allow Access from a Local Street [Sec. 64- 1812(b)(1)]. (Agenda Item No. 13-288) (Kathleen Field, Community Development Director) 8) PUBLIC HEARING (None) 9) ZONING AGENDA (None) 10) UNFINISHED BUSINESS 1. Consideration of an Ordinance Reaffirming and Establishing Chapter 46 of the Milton Code of Ordinances Governing Solid Waste Collection Services Within the City of Milton; Providing for the Scope and Nature of the Operation; Providing for the Disposal of Garbage, Solid Waste and Refuse, Requiring the Execution by Service Providers of a Non-Exclusive Agreement with the City of Milton; Providing Procedures for the Handling of Complaints; Providing for an Infrastructure Maintenance Fee; Requiring Indemnity Insurance; Providing for Revocation and Amendment; Prohibiting Assignment and Subletting Without Consent; Providing for Forfeiture; and for Making Other Provisions. (Agenda Item No. 13-273) (First Presentation at November 18, 2013 Regular Council Meeting) (Cindy Eade, Sustainability Coordinator) MILTON CITY COUNCIL REGULAR COUNCIL MEETING DECEMBER 2 , 2013 Persons needing special accommodations in order to participate in any City meeting should call 678-242-2500. 11) NEW BUSINESS (None) 12) MAYOR AND COUNCIL REPORTS 13) STAFF REPORTS 14) EXECUTIVE SESSION (if needed) 15) ADJOURNMENT (Agenda Item No. 13-289) The minutes were provided electronically MI. HOME OF ' FSTAtii{SH ED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: November 20, 2013 FROM: City Manager AGENDA ITEM: Approval of a Construction Services Agreement between the City of Milton and Blount Construction, Inc. for Sidewalk & Curb Replacement at Deerfield Parkway, Webb Road, Morris Road, Fire Station #43 and Wyndham Farms Subdivision. MEETING DATE: Monday, December 2, 2013 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER. VAPPROVED CITY ATTORNEY APPROVAL REQUIRED: YES CITY ATTORNEY REVIEW REQUIRED: YES APPROVAL BY CITY ATTORNEY APPROVED PLACED ON AGENDA FOR: 1-2,01 1-5 REMARKS () NOT APPROVED (} NO (} NO () NOT APPROVED © YQuin 49� C;LNui PHONE: 678.242.25001 FAX: 678.242.2499 Community �h«, inf0@cityofml1ltonga.us I www.cityofm1ffonga.us 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 Page 1 of 1 To: Honorable Mayor and City Council Members From: Carter Lucas, Public Works Director Date: Submitted on November 18, 2013 for the December 2, 2013 Regular Council Meeting Agenda Item: Approval of a Construction Services Agreement between the City of Milton and Blount Construction, Inc. for Sidewalk & Curb Replacement at Deerfield Parkway, Webb Road, Morris Road, Fire Station #43 and Wyndham Farms Subdivision ____________________________________________________________________________ Department Recommendation: Approval. Executive Summary: This project is for normal operational repairs to existing sidewalks. Two bids were received for this project. Table 1. Bid Summary Firm Bid Blount Construction $10,050 Baldwin Paving $24,200 Funding and Fiscal Impact: Funding for this project is available in the capital Infrastructure/Sidewalk budget in the Public Works Department. Alternatives: N/A Legal Review: Jarrard & Davis, LLP – Paul Higbee, 11/7/2013 Concurrent Review: Chris Lagerbloom, City Manager Attachment(s): Construction Services Agreement H(?kAL OF `Ti-'E!?S�GIlAi3iY r.r.0=:wi G"'F7PGq' �LTO ..� *t P'STAHIlyii F.l? 2705 CONSTRUCTION SERVICES AGREEMENT — Concrete Repair This Services Agreement (the "Agreement") is made and entered into this day of 2013, b and between the CITY OF MILTON, GEORGIA (hereinafter referred to as the "City"), and Blount Construction, Inc. (hereinafter referred to as the "Contractor") having its principal place of business at 1730 Sandy Plains Marietta, Georgia 30067 WITNESSETH THAT-. WHEREAS, the City desires to employ a contractor to perform the services described herein (the "Work"); and WHEREAS, Contractor has familiarized itself with the Contract Documents, as defined below, the Work, and with all local conditions and applicable federal, state and local laws, ordinances, rules and regulations. NOW THEREFORE, the City and Contractor, in consideration of the mutual promises contained herein and other good and valuable consideration, the sufficiency of which is hereby acknowledged, agree as follows: Section 1. Contract Documents: This Agreement and the following named Exhibits, attached hereto and incorporated herein by reference, constitute the "Contract Documents": EXHIBIT A -SCOPE OF WORK EXHIBIT B -INSURANCE CERTFICATE EXHIBIT C -CONTRACTOR AFFIDAVIT AND AGREEMENT EXHIBIT D- SUBCONTRACTOR AFFIDAVIT EXHIBIT E- BONDS To the extent that there may be any conflict among the Contract Documents, the provision operating most to the benefit of the City shall govern. Section 2. The Work: Contractor shall provide all Work described in the Contract Documents. In the event of any discrepancy among the Contract Documents, the provision operating most to the benefit of the City, as detertnined by the City in its sole discretion, shall govern. Unless otherwise stated in the Contract Documents, the Work shall include Contractor's provision of materials, labor, expenses, and any other cost or item necessary to complete the Work, which is generally described as the removal and replacement of concrete sidewalk, curb and gutter, and storm structures in the Wyndham Farms Subdivision and the Parking Lot Sidewalk at Fire Station #43 as identified in Exhibit "A". Section 3. Contract Time: Contractor understands that time is of the essence of this Agreement and warrants that it will perform the Work in a prompt manner, which shall not impose delays on the progress of the Work. It shall commence Work pursuant to this Agreement on or before a date to be specified on a written "Notice to Proceed" from the City, and shall fully complete the Work within 14 business days of the "Notice to Proceed". Section 4. Work Changes: Any changes to the Work requiring an increase in the Contract Price, as defined below, shall require a written change order executed by the City in accordance with its purchasing regulations. 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. Section 5. Compensation and Method of Payment: City agrees to pay Contractor for the services performed and costs incurred by Contractor upon the City's certification that the services were actually performed and costs actually incurred in accordance with this Agreement. Compensation for services performed and, if applicable, reimbursement for costs incurred shall be paid to Contractor upon the City's receipt and approval of an invoice, submitted upon completion of the Work, setting forth in detail the services performed and costs incurred. Invoices shall reflect charges incurred versus charges budgeted. The total amount paid under this Agreement for the Work shall not, in any case, exceed $10,050.00 (the "Contract Price"), except as outlined in Section 4 above. Contractor shall take no calculated risk in the performance of the Work. Specifically, Contractor agrees that in the event it cannot perform the Work within the budgetary limitations established without disregarding sound principles of Contractor's industry, Contractor will give written notice thereof immediately to the City. Section 6. Covenants of Contractor A. Assignment of Agreement: Contractor covenants and agrees not to assign or transfer any interest in, nor delegate any duties of this Agreement, without the prior express written consent of the City. B. Res onsibilit of Contractor and Indemnification of City: Contractor covenants and agrees to take and assume all responsibility for the services rendered in connection with the Work. Contractor shall bear all losses and damages directly or indirectly resulting to it on account of the performance or character of the services rendered pursuant to this Agreement. Contractor shall defend, indemnify and hold harmless the City, its officers, boards, commissions, elected and appointed officials, employees and agents from and against any and all claims, suits, actions, liability, judgments, damages, losses, and expenses, including but not limited to, attorney's fees, which may be the result of willful, negligent or tortious conduct arising out of the Work, performance of contracted services, or operations by Contractor, any subcontractor, anyone directly or indirectly employed by Contractor or subcontractor or anyone for whose acts Contractor or subcontractor may be liable, regardless of whether or not the negligent act is caused in part by a party indemnified hereunder. Contractor shall not be required to indemnify the City or its officers, boards, commissions, elected or appointed officials, employees or agents against liability or claims for damages, losses, or expenses, including attorney fees, arising out of bodily injury to persons, death, or damage to property caused by or resulting from the sole negligence of the City or its officers, boards, commissions, elected or appointed officials, employees or agents. C. Inde endent Contractor: Contractor hereby covenants and declares that it is engaged in an independent business and agrees to perform the Work as an independent contractor, not as agent or employee of City. Inasmuch as City and Contractor are contractors independent of one another, neither has the authority to bind the other to any third person or otherwise to act in any way as the representative of the other, unless otherwise expressly agreed to in writing by both parties. Contractor agrees not to represent itself as City's agent for any purpose to any party or to allow any employee to do so, unless specifically authorized, in advance and in writing, and then only for the limited purpose stated in such authorization, Contractor shall assume full liability for any contracts or agreements Contractor enters into on behalf of City without the express knowledge and prior written consent of City. D. Insurance: Contractor shall have and maintain in full force and effect for the duration of this Agreement, insurance approved by the City as shown on Exhibit `B". E. Licenses Certifications and Permits. Contractor covenants and declares that it has obtained and will maintain all diplomas, certificates, licenses, permits or the like required by any national, state, regional, City, and local boards, agencies, commissions, committees or other regulatory bodies to perform the Work. Contractor shall comply with applicable legal requirements and meet the standard of quality ordinarily expected of its industry, F. Ownership of Work: All reports, drawings, specifications, and other items prepared or in the process of being prepared for the Work by Contractor ("materials") shall be the property of the City and the City shall be entitled to full access and copies of all materials. All copyrightable subject matter in all materials is hereby assigned to the City and Contractor agrees to execute any additional documents necessary to evidence such assignment. G. Contractor's Representative: Bob Cathcart shall be authorized to act on Contractor's behalf with respect to the Work as Contractor's designated representative. H. Confidentiality: Contractor acknowledges that it may receive confidential information of the City and that it will protect the confidentiality of any such confidential information and will require any of its subcontractors, consultants, and/or staff to likewise protect such confidential information. I. Meetings. Contractor shall meet with City's personnel or designated representatives to resolve technical or contractual problems that may occur during the term of the contract, at no additional cost to City. Section 7. Warranty: Contractor shall repair all defects in materials, equipment, or workmanship appearing within one year from the date of completion of the Work at no additional cost to the City. Section S. Termination: The City may terminate this Agreement for convenience at any time upon written notice to Contractor. Provided that no damages are due to the City for Contractor's breach of this Agreement, the City shall pay Contractor for Work performed to date in accordance with Section 5 herein. Section 9. Miscellaneous A. Governing Law. This Agreement shall be governed by the laws of the State of Georgia B. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original, but all of which together shall constitute one and the same instrument. C Soverei n Immunit . Nothing contained in this Agreement shall be construed to be a waiver of the City's sovereign immunity or any individual's qualified good faith or official immunities. D. Employment of Unauthorized Aliens Prohibited: (1) E -Verify Affidavit It is the policy of the City of Milton that unauthorized aliens shall not be employed to perform work on City contracts involving the physical performance of services. Therefore, the City shall not enter into a contract for the physical performance of services within the State of Georgia unless: (I) the Contractor shall provide evidence on City -provided forms, attached hereto as Exhibits "C" (affidavits regarding compliance with the E -Verify program to be sworn under oath under criminal penalty of false swearing pursuant to O.C.G.A. § 16-10-71), that it and Contractor's subcontractors have conducted a verification, under the federal Employment Eligibility Verification ('TEV" or "E -Verify") program, of the social security numbers, or other identifying information now or hereafter accepted by the E -Verify program, of all employees who will perform work on the City contract to ensure that no unauthorized aliens will be employed, or (2) the Contractor provides evidence that it is not required to provide an affidavit because it is licensed pursuant to Title 26 or Title 43 or by the State Bar of Georgia and is in good standing as of the date when the contract for services is to be rendered, The Contractor hereby verifies that it has, prior to executing this Agreement, executed a notarized affidavit, the form of which is provided in Exhibit "C", and submitted such affidavit to City or provided the City with evidence that it is not required to provide such an affidavit because it is Iicensed and in good standing as noted in subsection (2) above. Further, Contractor hereby agrees to comply with the requirements of the federal Immigration Reform and Control Act of 1986 (IBCA), P.L. 99-603, 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, on a form to be provided by the citythe form of which is attached hereto as Exhibit "D", which subcontractor affidavit shall become part of the contractor/subcontractor agreement, or evidence that the subcontractor is not required to provide such an affidavit because it is licensed and in good standing as noted in subsection (2) above. If a subcontractor affidavit is obtained, Contractor agrees to provide a completed copy to the City within five (5) business days of receipt from any subcontractor. Where Contractor is required to provide an affidavit pursuant to O.C.G.A. § 13-10-91, the City Manager or his/her designee shall be authorized to conduct an inspection of the Contractor's and Contractor's subcontractors' verification process at any time to determine that the verification was correct and complete. The Contractor and Contractor's subcontractors shall retain all documents and records of their respective verification process for a period of three (3) years following completion of the contract. Further, where Contractor is required to provide an affidavit pursuant to O.C.G.A. § 13-10-91, the City Manager or his/her designee shall further be authorized to conduct periodic inspections to ensure that no City Contractor or Contractor's subcontractors employ unauthorized aliens on City contracts. By entering into a contract with the City, the Contractor and Contractor's subcontractors agree to cooperate with any such investigation by making their records and personnel available upon reasonable notice for inspection and questioning. Where a Contractor or Contractor's subcontractors are found to have employed an unauthorized alien, the City Manager or his/her designee may report same to the Department of Homeland Security. The Contractor's failure to cooperate with the investigation may be sanctioned by termination of the contract, and the Contractor shall be liable for all damages and delays occasioned by the City thereby. Contractor agrees that the employee -number category designated below is applicable to the Contractor. [Information only required if a contractor affidavit is required pursuant to O.C.G.A. § 13-10-91.] 500 or more employees. 100 or more employees. 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 Iaw, and shall be construed to be in conformity with those laws. 4 E. Nondiscrimination. In accordance with Title VI of the Civil Rights Act, as amended, 42 U.S.C. § 2000d, section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6102, section 202 of the Americans with Disabilities Act of 1990, 42 U.S.C. § 12132, and all other provisions of Federal law, the Consultant agrees that, during performance of this Agreement, Consultant, for itself, its assignees and successors in interest, will not discriminate against any employee or applicant for employment, any subcontractor, or any supplier because of race, color, creed, national origin, gender, age or disability. In addition, Consultant agrees to comply with all applicable implementing regulations and shall include the provisions of this Section (E) 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. Blount Construction, Inc. Signature: V ' Printed Name: Title: [AFFIX CORPORATE SEAL] CITY OF MILTON, GEORGIA Joe Lockwood, Mayor Bob Cathcart Vice -President EXHIBIT "A" Scope of Work Sidewalk & Curb Replacement BIpS ©[1E august 3rd BY 2:60 FM Deerfield Parkway Webb Rd Morris Rd Fire Station #43 Wyndham Farms Subdivision City of Milton, Georgia Page 2 cf 8 Scope Of Work The undersigned, as bidder, declares and represents that it has examined the site of the Work and Informed himseif/herself fully in regard to stl conditions pertaining to the place where the work is to be performed, inducting those conditions affecting the cost of she work and the delivery, handling and storage of materials and equipment. The bidder has examined and read the Bidding Document and has $05sfed hlmselflberseff that the Bidding Document is an adequate and acceptable reflection of the work which is required to be performed and that the bidder is wilFng and able to perform all of the work necessary. The bidder further certifies that no additional information is required to complete the won. encompassed by this bid within the cost and schedufe established and agreed upon Within this bidding dacument. The bidder proposes and aglow that if this bid is a, cepted to contract with.the City of Milton to provide all construction labor, materials, equipment, products, transportation, and other facilities and services as necessary ariWor required to execute and complete the work in full in accordance with the scope of work provided to the full satisfaction of the City_ THE BASE BID 1S THE AMOUNT UPON WHICH THE 1310DER WILL BE FORMALLY EVALUATED AND WHICH WILL BE USED TO DETERMINE THE LOWEST RESPONSIBLE BIDDER. The costs far developing and.dalivering responses to this bili and any subsegtsent presentations as requested by the Ciiy are entirely them. spcnsibility of the bidder. The City is rot liable for any expanse incurred by the bidder in the preparation of their bid. The City of Milton reserves the right to reject any or all Gads, to waive technie3hties and informalities, and to make award in the best Interest of the City of Milton. The base fold may not be withdrawn or modified. except at the request of the City, for a period ofshdy 160) days fot'owing reoeipt of the bids. This project sha,l be bid as Lump Sum contract BIDS DUB August 23rd BY 2:00 PM Page 2 of 8 1,0 General Conditions a) Construction activity within 1000 feet on an occupied residence will be allowed Mon. -Fri. between the hour; of 7:30 AM and 7:30 PM and Sat, between 8:30 AM and 5:00 PM. Construction activity more than 1000 feet from an occupied residence will be allowed Mon _- Fri. between the hours of 7.00 AAS and 10:00 PM and Sat. between the heurs of 8:30 AM and 6:00 PM. by Con:racior must notify the City of FA€fion (678) 242-2600, twenty-four (24) hours prier to beg*nring construction.. cj tiuria; of construction materials is not permitted within the City of Milton. All construction materials and debris within the work area shall be properly disposed of by the contractor. d) Contractor shall provide all nece=sary tools, equipment, labor and materials to perform all work as defined in the following scope and schedule. 2.0 Bonds a? In acoordance with.O.C.G A. 32.4-119, where the specicetions provided herein requires the construction, reconstruction or maintenance of a public road and the bid provided is in an amount. of $5,000 or more, the contractor shall provide the following bonds: I Performance and Payment Hands, each in the amount of 100% of the bid amount. 2. the City may require a Maintenance Bond in the amount of 113 of the.firral contract amount. 3.0 Material, Equipment and Emplayees a) All material's shad be new and of quailty specified except where reclaimed material is authorized herein and approved for use. Workmanship shall at all times be of a gredL ade voEved, and as stipulated in written accepted as the best practice of the particular trade irstandards of recognized orgenfzetivns or institutes of the respective trades except as exceeded or qualified by the specifications_ b) No changes shall be made in the Work except upon written approval and change. order of the City. cJ Products are generally specified by .OSTM or other reference standard and/or by manufacturer's name and model number or trade name_ When specified only by reference standard, the Contractor may select any product meeting this standard, by any manu€aclurer. When sevefel products or manufacturers are specified as being aquaily acceptable, the Contractor hes the option of using any product and manufacturer corrmbina(ien. listed, d) The contractor shati be aware that the cited examples are used only to denote the quality standard of product desired and that they do not restrCcl bidders to a speclficbrand, make, manufacturer or specific name. that they are Used only to set forth and convey to bidders the general style, type, character and quality of.product desired; andthatequivalant products will be acceptable. Substitution of materials, items of equipment ofequal of equivalent design &hail be submitted to the City for approval or disapproval: such approval or disapproval shall be made by the City prior to the coening of buds. Page 3 of 8 ej If at any time during the completion of the work covered by these contract documents. the conduct of any employee of the contractor 4r sub -contractors is considered by the City to detrimental to the work or reflect poody upon the City, the Contractor shell order such partfes removed -Immediatelyfrtxnthe site. f) The contractor shall designate a foremaMsuperinterident who shall direct the wort[ g) The contractor shall, unless otherwise specified, Supply and pay for all labor. transoorfatinn materials, toots, apparatus, tights, power, fuel: sanitary facilities and incidentals necessary far Vie completion of his work, and shail install, maintain and reniovv all equipment, other utansils or things, and be responsible for the safe, proper and lawful construction_ maintenance and use Of same, and shalt construct in the best and most workmaa"Uke manner, a cofnplete job ar?d everything Incidental there€o, stated in the specifications, or reasonably 1770lied there from, ail in accordance with the contract documents. h) Sidewalk repair equOment and all other dems iacidenfal to the work shall not be stared on the sidewalk or on private property while lot in use. Equipment may not be stared on lawn eMension areas, unless perraission is given by the Engineer in writing 4.0 Utilities a) The contractor shot€ be required to coordinate and manage any and ell utugy locates andlor relocations within the scope of this project. 5.0 performance a) The contracfor shall remove sidewalk trip hazards from concrete walks by using 1 of the following techniques a water lubricated, diamond blade, saw or a scarifier, The Final surface will have a smooth "non -slip" textured surface finish wilhouf any rough edges. The contractor shall ensure that each repair will have a zero pant of differentia# between slabs and that each repair will be Precisely -flush with the full width of the slab. The cut shall be smonfh, sJrp resistant ropair sfapa that w,il be equal to a 1. 12 slope as outlined in ADA repair guidelines b) The Contractor shall comply with the MUTCD and the State of Georgia department of Transportation standards for 1rai control. c) The Contractor shall obtain the required permits, if required, give all notices, and comply with al€ lays, ordinances, .codes, rules and regulations bearing on the conduct of the work under this contract, If the Contractor observes that the drawings and specifications are at variance therewith, he shall promptly notify the City in writing. IF the Contractor performs any work knowing.it to be contrary to such laws, ordinaricus, codes, rules and regulations, and wiihout such notice to the Ctty, he shall bear all cost arising there from. Page 4 of B 6.4 Safety Requirements a) The Contractor shall be responsible for the entire site and the construction of the same and provide all the necessary protections as required by laws or ordinances governing such conditions and as required by the City. Contractor shati be responsib3e for any damage caused either directly or indirectly ty himself, his personnel or his sub contractors, and shall Make good such damages b)The contractor shalt Compiy vrth ell current State and Federal construction safety regulations, inc`uding OSHA regulations. c) The Contractor must maintain a safe work zone far their employees, pedestrians, and vehicular transportation. Ail work shall be inspected and approved by the City of w1ilton Dopa:tnxent of Public Wcei<s (hippW). d) The Contractor shall provide all necessary safety measures for the protection of all persons on the work_ Contractor shall clearly mark or post signs warning of hazards exislirip, and shall barricade exoaralions and similar hazards. He shall Protect against damage or injury resuying from falling materials and he shat# maintain all protective dsvices and signs throughout the progress of the work. 7.0 Ciean-up a) The Contractor shalt keep the sites and surrounding area reasonably free from rubbish at all tunes And shall remove debris from the site from time to time or when directed to do so by the C ty. Befnls final inspediort eve acceptance of the project, the Contractor shall thoroughly clean the sites, and co rip!etaly prepare the prajest and site for use by the City. 8.0 Schedule a) Project shall begin within 7 business days of the Notice to proceed end be completed in satisfactory manner, as deemed by City, within t4 business days from the date of issuance of the Notice to Proceed. Page 5 of 3 8.0 Pricing of Locations & Quantities All areas to be replaced are marked with green paint Wyndham Farms Sidewalk Curb and Catch SubdivWon SY'S GuttetLF Eas€n Handica Ramps Lids yndham Farms i)r. _ 50 atdham Farms Way ? 84 Irjngfeld Croak Rd 43 2 �[af5ubdivE,ipii�f� . Sidewa€k Curb and Gutter Handicap Catch rVeld Parkwa STS LF Ram s Basin Lids Price l fo Webb Rd 25, 300 10 Rd to Morns Rd 7Cp 14 Total puce - :S2s . c-!ua?,: �a Sidewalk Curhand Gutter Handicap Catch "to Dec Deerfield to Sidewalk CurbandGdtter Handicap Catch Rd SY's LF Rams Basin Ljds Prise ev �ee�eld 250 140 Page 5 of 8 r€€u alai€on iKJ 51Rewalk Curb and Gutter LF Handicap Catch Basin Price SY's Ramps Lids Parking Lot. Sidewalk 67 10.0 Unit Pr€res 0a The City shall fi vlw theoptiono7 exercising any or all of the unit price; lis:+ below at any point -in tie project_ Ail unit price amounts shall be items fumishad and in.stafted bssed on the project specified materials. 1_ ---r - i7 scrlprian Un L3iSi+ g CONC SiDFWA! K, 4 IN 5Y ! S y CONC CURB & GUTTER, B iN X 24 IN, TP 2 LF E ?i a, 3 Saw -Cut Asphalt LF a Saw-Cui Concrete i LF - 5 Class 13 Concrete GY 7 Temporary Slope tlatEng SY _ 8 9 9.5 Mm SUPERPAVE ck Coat(CRS2H, S51 orAC30) T�T- TN GAL 5 •tea , �o j TYpe C Slit Fence LF Page 7 of 8 EXHIBIT `B" Insurance Certificate EXHTBIT "C° QO-INTRACTOR AFFTDAVrf AND AGRFFI4fFN STATE OF GEORGIA CITY OF MILTON By executing INS afdidavit. the umlasigned eontrtctor Verdes its Dalp6ance with O.0 -G rL § 13-10.91, S:.amg d3-:tmetit-ely that the ind;Mdwd. fird,, or corparation which is engaged in the physicr0. perfprmance of wrrices en bchalfof the City of N llo'r has registered with, is zurthorized to us-- and uses the federal work aaihorimtlon pmyrsm caminan{y kno5m nS F. -Verify, or wi Vuy strksequt:nt raplacmImt proyrant- in aetrndante sh €hhc appEieablc provisions rtntl deadline_c eglabdshed in CS,C.G:A..§ ;3.10-91. Funhermare, the under§igned Wntrrctc;r wi!f c0:1tim7e to use the 'feder 1 wxrk at:lhorirdtion program tlitough6.ut the M11=1 period and the undersigned contractor will conlraet for the phvAml performance of scrvices in salis&otion Of such eonrraet only ,5ith enrb omractms who present an affidavit to the contractor with the inforins4on regwred by O.C.G.A. § 13-10.91(b). contracto"V hereby atlests that its federal work awhorimtion vier ide liftnFan number and date of ainhurirmeon are as follows' ( / r d r Ewcutcr€ On ft 1r_ , a.t,, i01 to �� city), FcdCral work Authorixafion Uz a ]deciifieut:Ort G : (gram). P'Iambe Signalum of ASIWiftMr Agcm Date oC:qulharitum �o vice -?resident Primed'�aale and 7'illeofrl uthoriac30ffic illllitrr/ ?`ulna aff:'ontra,:[55r Agent s-"µ,AN.4r�i rAi�r !mne vfProject SURSCRIf3E.I] IND SWORD: BE p?E �Y � t Tii[S 1fEDA OF 'eta "t City nfMilton Name -of Public Employer Ehcrcbv dtalure undcrpcttaiiy vfperji7ry that the '), XR L /ii crjt]"0' fnFCgtling is Iruc and Correct. yy �rrr f! 3 i s i �' St ;.ty Cor::;ttission Farpirea:�J� `� NOTARY SEAL] Page S of 8 EXHIBIT"D" SUBCONTRACTOR AFFIDAVIT STATE OF GEORGIA CITY OF MILTON By executing this affidavit, the undersigned subcontractor verifies its compliance with O.C.G.A. § 13-10-91, stating affirmatively that the individual, firm or corporation which is engaged in the physical performance of services under a contract with Blount Construction, Inc. on behalf of the City of Milton has registered with, is authorized to use and uses the federal work authorization program commonly known as E -Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-1091. 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: ZZ I-/ Federal Work Authorization User Identification Number — / — z p C:� Date of Authorization Name of Subcontractor Name of Project Z o I > Cu A,..) Name of Public Employer I hereby declare under penalty of perjury that the foregoing is true and correct. Executed on Q -i', _Z_ 201 3 in A(stateSignatuuthorized OfficerorAgent Bob Cathcart Printed Name and Title of Authorized Officer or Agent— — SUBSCRIBED ANT SWORN BEFORE ME •L• DAY OF 201 5. �Etgrttttasrle. NOTARY P LIC��''� ��� E �Lil tsii eve �Gpp5SSf0%y CD a [NOTARY SEAL] r ,'G O `v;, 0 81 �G a Z My Commission Expires: �01 �jO/I _ '� Y� ftp Iro ���Bllll�tiyee�l EXHIBIT "E" PAYMENT AND PERFORMANCE BONDS HOMEOP M I LT+aN ESTABLISHED 2 6 Bond No. 105965775 PAYMENT BOND CITY OF MILTON, GEORGIA KNOW ALL MEN BY THESE PRESENTS THAT, Blount Construction, Inc. (as CONTRACTOR, hereinafter referred to as the "Principal"), and Travelers Casualty and Surety Company of America (as SURETY COMPANY, hereinafter referred to as the "CONTRACTOR'S SURETY"), are held and fundy bound unto the City of Milton, Georgia (as OWNER, hereinafter referred to as the "City"), for the use and benefit of any "Claimant," as hereinafter defined, in the sum of ten thousand fifty Dollars (S 10,050), lawful money of the United States of America, for the payment of which the Principal and the Contractor's Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has entered, or is about to enter, into a certain written agreement with the City, dated which is incorporated herein by reference in its entirety (hereinafter referred to as the "CONTRACT"), for the construction of a project ]mown as Concrete Repair (hereinafter referred to as "the PROTECT"). NOW THEREFORE, the condition of this obligation is such that if the Principal shall Promptly make payment to any Claimant, as hereinafter defined, for all labor, services and materials used or reasonably required for use in the performance of the Contract, then this obligation shall be void, otherwise to remain in full force and effect. A "Claimant" shall be defined herein as any Subcontractor, person, party, partnership, corporation or other entity furnishing labor, services or materials used or reasonably required for use in the performance of the Contract, without regard to whether such labor, services or materials were sold, leased or rented, and without regard to whether such Claimant is or is not in privity of the Contract with the Principal or any Subcontractor performing Work on the Project. In the event of any claim made by the Claimant against the City, or the filing of a Lien against the property of the City affected by the Contract, the Contractor's Surety shall either settle or resolve the Claim and shall remove any such Lien by bond or otherwise as provided in the Contract. The Parties further expressly agree that any action on this Bond may be brought within the time allowed by Georgia law for suit on contracts under seal. IN WITNESS WHEREOF, the Principal and Contractor's Surety have hereunto affixed their corporate seals and caused this obligation to be signed by their duly authorized officers on this day of 4::r-�G i , 2013. Blount Construction, Inc. By: C/,f Title; Bob Cathcart (SEAL) Vice -President (Signatures Continued on Next Page) Attest: Title: Michael B, Rogers VIs resident Date: la Z (Name of Contractor's Surety) Travelers Casualty and Surety Company of America IM Tit Attest: L Date: October 2, 2013 (ATTACH SURETY'S POWER OF ATTORNEY) TRAVELERSJ POWER OF ATTORNEY Farmington Casualty Company St. Paul Mercury Insurance Company Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company Fidelity and Guaranty Insurance Underwriters, Inc. Travelers Casualty and Surety Company of America St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company St. Paul Guardian Insurance Company Attorney -In -Fact No. 226756 Surety Bond No. or Project Description: Principal: Blount Construction Company, Inc. 105965775 Obligee: City of Milton, GA KNOW ALL MEN BY THESE PRESENTS: That St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company and St. Paul Mercury Insurance Company are corporations duly organized under the laws of the State of Minnesota, that Farmington Casualty Company, Travelers Casualty and Surety Company, and Travelers Casualty and Surety Company of America are corporations duly organized under the laws of the State of Connecticut, that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland, that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc. is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint Betsy J. Holmes, Brian K. Hughes, Karen A. Maynard, Kevin M. Neidert, Michael L. Angel, Michael S. Brickner, P.D. Yates III, P.D. Yates Jr., Daniel Yates, Alan R. Yates, Gary Spuller, Marie M. Hartley, Robert N. Reynolds, Dana D. Rutledge Michael B. Dawson, and W. Barry Dawson of the City of Atlanta, State of Georgia, their true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above, to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF, the Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this 7th day of June, 2013. Farmington Casualty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. St. Paul Fire and Marine Insurance Company SL Paul Guardian Insurance Company St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company y4 +ec*G�a° 1951 #Fa ;'..SI L +s;ar state of Connecticut City of Hartford ss. By: Robert L. Raney, Senior Vice President On this the 7th day of June, 2013, before me personally appeared Robert L. Raney, who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. In Witness Whereof, I hereunto set my hand and official seal. My Commission expires the 30th day of lune, 2016. 0 ws rr * kA ; -A, C �L� u L� Marie C. Tetreault, Notary Public HOneEOF' 'J .' j,I -Y ;F MILTONV S PERFORMANCE BOND CITY OF MILTON, GEORGIA Bond No. 105965775 KNOW ALL MEN BY THESE PRESENTS THAT Blount Construction, Inc. (as CONTRACTOR, hereinafter referred to as the "Principal"), and drs Casualty and Surety Company of America (as SURETY COMPANY, hereinafter referred to as the "CONTRACTOR'S SURETY"), are held and firmly bound unto the City of Milton, Georgia (as OWNER, hereinafter referred to as the "City"), for the use and benefit of any "Claimant," as hereinafter defined, in the sum of ten thousand fifty Dollars ($10,050), lawful money of the United States of America, for the payment of which the Principal and the Contractor's Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has entered, or is about to enter, into a certain written agreement with the City, dated the of , 2013 which is incorporated herein by reference in its entirety (hereinafter referred to as the `CONTRACT"), for the construction of a project !mown as Concrete Repair, (hereinafter referred to as "the PROJECT"). NOW THEREFORE, the conditions of this obligation are as follows: That if the Principal shall fully and completely perform each and all of the terms, provisions and requirements of the Contract, including and during the period of any warranties or guarantees required thereunder, and all modifications, amendments, changes, deletions, additions, and alterations thereto that may hereafter be made, and if the Principal and the Contractor's Surety shall indemnify and hold harmless the City from any and all losses, liability and damages, claims, judgments, liens, costs and fees of every description, including but not limited to, any damages for delay, which the City may incur, sustain or suffer by reason of the failure or default on the part of the Principal in the performance of any and all of the terms, provisions and requirements of the Contract, including all modifications, amendments, changes, deletions, additions, and alterations thereto and any warranties or guarantees required thereunder, then this obligation shall be void; otherwise to remain in full force and effect; 2. In the event of a failure of performance of the Contract by the Principal, which shall include, but not be limited to, any breach of default of the Contract, a. The Contractor's Surety shall commence performance of its obligations and undertakings under this Bond no later than thirty (30) days after written notice from the City to the Contractor's Surety; and b. The means, method or procedure by which the Contractor's Surety undertakes to perform its obligations under this Bond shall be subject to the advance written approval of the City. The Contractor's Surety hereby waives notice of any and all modifications, omissions, additions, changes and advance payments or deferred payments in or about the Contract, and agrees that the obligations undertaken by this Bond shall not be impairer{ in any manner by reason of any such modifications, omissions, additions, changes, and advance payments or deferred payments. The Parties further expressly agree that any action on this Bond may be brought within the time allowed by Georgia law for suit on contracts under seal. IN WITNESS WHEREOF, the principal and Contractor's Surety have hereunto affixed their corporate seals and caused this obligation to be signed by their duly authorized officers or attorneys -in - fact, this Z Aay of C dC—� 2413. Attest: Title: ` Michael B. Rogers sident Date: Attest - Date: October 2, 2013 Blount Construction, Inc. By: V` Title: Bob Cathcart (SEAL) Vice-Presi ent (Name of Contractor's Surety) Travelers Casualty and Surety mpany of America By: C� Title: Gary Speller, orney-in-fact (SEAL) (ATTACH SURETY'S POWER OF ATTORNEY TRAVELERSW POWER OF ATTORNEY Farmington Casualty Company St. Paul Mercury Insurance Company Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company Fidelity and Guaranty Insurance Underwriters, Inc. Travelers Casualty and Surety Company of America St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company St. Paul Guardian Insurance Company Attorney -In -Fact No. 226756 Surety Bond No. or Project Description: Principal: Blount Construction Company, Inc. 105955775 Obligee: City of Milton, GA KNOW ALL MEN BY THESE PRESENTS: That St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company and St. Paul Mercury Insurance Company are corporations duly organized under the laws of the State of Minnesota, that Farmington Casualty Company, Travelers Casualty and Surety Company, and Travelers Casualty and Surety Company of America are corporations duly organized under the laws of the State of Connecticut, that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland, that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc. is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint Betsy J. Holmes, Brian K. Hughes, Karen A. Maynard, Kevin M. Neidert, Michael L. Angel, Michael S. Brickner, P.D. Yates III, P.D. Yates Jr., Daniel Yates, Alan R. Yates, Gary Spulier, Marie M. Hartley, Robert N. Reynolds, Dana D. Rutledge Michael B. Dawson, and W. Barry Dawson of the City of Atlanta, State of Georgia, their true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above, to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF, the Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this 7th day of June, 2013. Farmington Casualty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. St. Paul Fire and Marine Insurance Company St. Paul Guardian Insurance Company St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company 12 State of Connecticut By:� City of Hartford ss. Robert L. Raney, Senior Vice President On this the 7th day of June, 2013, before me personally appeared Robert L. Raney, who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that he, as such, being authorized so to do, executed the Foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. In Witness Whereof, I hereunto set my hand and official seal. o r My Commission expires the 30th day of June, 2016. raw"L Marie C. Tetreault, Notary Public HOME OF ` :.r FSTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: November 20, 2013 FROM: City Manager AGENDA ITEM: Approval of an Agreement between the Georgia Department of Transportation and the City of Milton for Transportation Facility Improvements of Multi -Use Trail Connection to Big Creek Greenway Scoping and Concept Study. MEETING DATE: Monday, December 2, 2013 Regular City Council Meeting BACKGROUND iNFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: APPROVED CITY ATTORNEY APPROVAL REQUIRED: k) YES CITY ATTORNEY REVIEW REQUIRED: OYES APPROVAL BY CITY ATTORNEY APPROVED PLACED ON AGENDA FOR. D 2 3 REMARKS Your zotz ,. PHONE: 678.242.25001 FAX: 678.242.2499 MME+waeos WINNEA info@cityofmiltonga.us I www.cityofmiltonga.us 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 O NOT APPROVED () NO () NO () NOT APPROVED 9 ) 4 Green : .* * *. *Certified'` Tap 100 Community Ethics �. Ethic��f �i a M Page 1 of 2 To: Honorable Mayor and City Council Members From: Sara Leaders, PE, Transportation Engineer Date: Submitted on November 19, 2013 for the December 2, 2013 Regular Council Meeting Agenda Item: Approval of an Agreement between the Georgia Department of Transportation and the City of Milton for Transportation Facility Improvements of Multi-use Trail Connection to Big Creek Greenway Scoping and Concept Study ____________________________________________________________________________ Department Recommendation: Approval. Executive Summary Figure 1. Project Location The City of Milton completed a local Comprehensive Transportation Plan, North Fulton Comprehensive Transportation Plan, and Livable Centers Initiative that all looked at multi-use connections in areas of the City and regional connections. Milton’s Multi-use Trail Connection to the Big Creek Greenway is a project that creates multi-use connections in the Windward APPROX PROJECT STUDY AREA Page 2 of 2 Parkway Activity Center and surrounding areas between regional thoroughfare networks, schools, parks, senior centers, retail, MARTA bus routes, and greenways. The goal of this planning project is to assess the multi-use connection alternatives, determine the preferred location for the improvement, prepare mapping, identify environmental impacts and permits required to construct the project and provide a funding strategy. The concept plans will include design features that are aesthetically pleasing and complement the area and to develop in a way that is physically possible and cost effective. Approval of this agreement allows Georgia Department of Transportation (GDOT) to authorize funding and issue a notice to proceed to the City to begin the study. Funding and Fiscal Impact: Funding for this project will be available in the Capital Grant fund and 80% of the project is reimbursable. Alternatives: There are no alternatives to this project. Legal Review: Jarrard & Davis, LLP – Paul Higbee, 11/13/2013 Concurrent Review: Chris Lagerbloom, City Manager Attachment(s): 1. Project Framework Agreement PPrroojjeecctt ## 00001122888811 CCiittyy ooff MMiillttoonn Revised: 12/2011 11 AGREEMENT BETWEEN DEPARTMENT OF TRANSPORTATION STATE OF GEORGIA AND THE CITY OF MILTON FOR TRANSPORTATION FACILITY IMPROVEMENTS This Framework Agreement is made and entered into this _____ day of ____________, 20_ _, by and between the DEPARTMENT OF TRANSPORTATION, an agency of the State of Georgia, hereinafter called the "DEPARTMENT", and the CITY OF MILTON, acting by and through its Mayor and City Council, hereinafter called the "LOCAL GOVERNMENT". WHEREAS, the LOCAL GOVERNMENT has represented to the DEPARTMENT a desire to improve the transportation facility described in Attachment “A”, attached and incorporated herein by reference and hereinafter referred to as the "PROJECT"; and WHEREAS, the LOCAL GOVERNMENT has represented to the DEPARTMENT a desire to participate in certain activities, including the funding of certain portions of the PROJECT and the DEPARTMENT has relied upon such representations; and PPrroojjeecctt ## 00001122888811 CCiittyy ooff MMiillttoonn Revised: 12/2011 22 WHEREAS, the DEPARTMENT has expressed a willingness to participate in certain activities of the PROJECT as set forth in this Agreement; and WHEREAS, the DEPARTMENT has provided an estimated cost to the LOCAL GOVERNMENT for its participation in certain activities of the PROJECT; and WHEREAS, the Constitution authorizes intergovernmental agreements whereby state and local entities may contract with one another “for joint services, for the provision of services, or for the joint or separate use of facilities or equipment; but such contracts must deal with activities, services or facilities which the parties are authorized by law to undertake or provide.” Ga. Constitution Article IX, §III, ¶I(a). NOW THEREFORE, in consideration of the mutual promises made and of the benefits to flow from one to the other, the DEPARTMENT and the LOCAL GOVERNMENT hereby agree each with the other as follows: 1. The LOCAL GOVERNMENT has applied for and received “Qualification Certification” to administer federal-aid projects. The GDOT Local Administered Project (LAP) Certification Committee has reviewed, confirmed and approved the certification for the LOCAL GOVERNMENT to develop federal project(s) within the scope of its certification using the DEPARTMENT’S Local Administered Project Manual procedures. The LOCAL GOVERNMENT shall contribute to the PROJECT by funding all or certain portions of the PROJECT costs for the preconstruction engineering (design) activities, PPrroojjeecctt ## 00001122888811 CCiittyy ooff MMiillttoonn Revised: 12/2011 33 hereinafter referred to as “PE”, all reimbursable utility relocations, all non-reimbursable utilities owned by the LOCAL GOVERNMENT, railroad costs, right of way acquisitions and construction, as specified in Attachment “A”, affixed hereto and incorporated herein by reference. In addition, the September 17, 2010 Planning Office memorandum titled “Preliminary Engineering Oversight for Project Managers/Project Delivery Staff”, outlines the five (5) conditions when the LOCAL GOVERNMENT will be requested to fund the PE oversight activities at 100%, and is enclosed as Attachment “C” and incorporated herein by reference. Expenditures incurred by the LOCAL GOVERNMENT prior to the execution of this AGREEMENT or subsequent funding agreements shall not be considered for reimbursement by the DEPARTMENT. PE expenditures incurred by the LOCAL GOVERNMENT after execution of this AGREEMENT shall be reimbursed by the DEPARTMENT once a written notice to proceed is given by the DEPARTMENT. 2. The DEPARTMENT shall contribute to the PROJECT by funding all or certain portions of the PROJECT costs for the PE, right of way acquisitions, reimbursable utility relocations, railroad costs, or construction (specified in Attachment “A”) affixed hereto and incorporated herein by reference, and none of the five (5) conditions apply from the Planning Office memorandum dated September 17, 2010 (specified in Attachment “C”). 3. The DEPARTMENT shall provide a PE Oversight Estimate to the LOCAL GOVERNMENT, if appropriate, appended as Attachment “D” and incorporated by reference as if fully set out herein. The LOCAL GOVERNMENT will be responsible for PPrroojjeecctt ## 00001122888811 CCiittyy ooff MMiillttoonn Revised: 12/2011 44 providing payment, which represents100% of the DEPARTMENT’s PE Oversight Estimate at the time of the Project Framework Agreement execution. If at any time the PE Oversight funds are depleted within $5,000 of the remaining PE Oversight balance and project activities and tasks are still outstanding, the LOCAL GOVERNMENT shall, upon request, make additional payment to the DEPARTMENT. The payment shall be determined by prorating the percentage complete and using the same estimate methodology as provided in Attachment “D”. If there is an unused balance after completion of all tasks and phases of the project, then pending a final audit, the remainder will be refunded to the sponsor. 4. It is understood and agreed by the DEPARTMENT and the LOCAL GOVERNMENT that the funding portion as identified in Attachment “A” of this Agreement only applies to the PE. The Right of Way and Construction funding estimate levels as specified in Attachment “A” are provided herein for planning purposes and do not constitute a funding commitment for right of way and construction. The DEPARTMENT will prepare LOCAL GOVERNMENT Specific Activity Agreements for funding applicable to other activities when appropriate. Further, the LOCAL GOVERNMENT shall be responsible for repayment of any expended federal funds if the PROJECT does not proceed forward to completion due to a lack of available funding in future PROJECT phases, changes in local priorities or PPrroojjeecctt ## 00001122888811 CCiittyy ooff MMiillttoonn Revised: 12/2011 55 cancellation of the PROJECT by the LOCAL GOVERNMENT without concurrence by the DEPARTMENT. 5. In accordance with Georgia Code 32-2-2, the LOCAL GOVERNMENT shall be responsible for all costs for the continual maintenance and operations of any and all sidewalks and the grass strip between the curb and sidewalk within the PROJECT limits. The LOCAL GOVERNMENT shall also be responsible for the continual maintenance and operation of all lighting systems installed to illuminate any roundabouts constructed as part of this PROJECT. Furthermore, the LOCAL GOVERNMENT shall also be responsible for the maintaining of all landscaping installed as part of any roundabout constructed as part of this PROJECT. 6. Both the LOCAL GOVERNMENT and the DEPARTMENT hereby acknowledge that Time is of the Essence. It is agreed that both parties shall adhere to the schedule of activities currently established in the approved Transportation Improvement Program/State Transportation Improvement Program, hereinafter referred to as “TIP/STIP”. Furthermore, all parties shall adhere to the detailed project schedule as approved by the DEPARTMENT, attached as Attachment “B” and incorporated herein by reference. In the completion of respective commitments contained herein, if a change in the schedule is needed, the LOCAL GOVERNMENT shall notify the DEPARTMENT in writing of the proposed schedule change and the DEPARTMENT shall acknowledge the change through written response letter; provided that the DEPARTMENT shall have final authority for approving any change. PPrroojjeecctt ## 00001122888811 CCiittyy ooff MMiillttoonn Revised: 12/2011 66 If, for any reason, the LOCAL GOVERNMENT does not produce acceptable deliverables in accordance with the approved schedule, the DEPARTMENT reserves the right to delay the PROJECT’s implementation until funds can be re-identified for right of way or construction phases, as applicable. 7. The LOCAL GOVERNMENT shall certify that the regulations for “CERTIFICATION OF COMPLIANCES WITH FEDERAL PROCUREMENT REQUIREMENTS, STATE AUDIT REQUIREMENTS, and FEDERAL AUDIT REQUIREMENTS” are understood and will comply in full with said provisions. 8. The LOCAL GOVERNMENT shall accomplish the PE activities for the PROJECT. The PE activities shall be accomplished in accordance with the DEPARTMENT's Plan Development Process hereinafter referred to as ”PDP”, the applicable guidelines of the American Association of State Highway and Transportation Officials, hereinafter referred to as “AASHTO”, the DEPARTMENT's Standard Specifications Construction of Transportation Systems, and all applicable design guidelines and policies of the DEPARTMENT to produce a cost effective PROJECT. Failure to follow the PDP and all applicable guidelines and policies will jeopardize the use of Federal Funds in some or all categories outlined in this agreement, and it shall be the responsibility of the LOCAL GOVERNMENT to make up the loss of that funding. The LOCAL GOVERNMENT’s responsibility for PE activities shall include, but is not limited to the following items: PPrroojjeecctt ## 00001122888811 CCiittyy ooff MMiillttoonn Revised: 12/2011 77 a. Prepare the PROJECT Concept Report and Design Data Book in accordance with the format used by the DEPARTMENT. The concept for the PROJECT shall be developed to accommodate the future traffic volumes as generated by the LOCAL GOVERNMENT as provided for in paragraph 8b and approved by the DEPARTMENT. The concept report shall be approved by the DEPARTMENT prior to the LOCAL GOVERNMENT beginning further development of the PROJECT plans. It is recognized by the parties that the approved concept may be updated or modified by the LOCAL GOVERNMENT as required by the DEPARTMENT and re-approved by the DEPARTMENT during the course of PE due to updated guidelines, public input, environmental requirements, Value Engineering recommendations, Public Interest Determination (PID) for utilities, utility/railroad conflicts, or right of way considerations. b. Prepare a Traffic Study for the PROJECT that includes Average Daily Traffic, hereinafter referred to as “ADT”, volumes for the base year (year the PROJECT is expected to be open to traffic) and design year (base year plus 20 years) along with Design Hour Volumes, hereinafter referred to as “DHV”, for the design year. DHV includes morning (AM) and evening (PM) peaks and other significant peak times. The Study shall show all through and turning movement volumes at intersections for the ADT and DHV volumes and shall indicate the percentage of trucks on the facility. The Study shall also include signal warrant evaluations for any additional proposed signals on the PROJECT. c. Prepare environmental studies, documentation reports and complete Environmental Document for the PROJECT along with all environmental re- PPrroojjeecctt ## 00001122888811 CCiittyy ooff MMiillttoonn Revised: 12/2011 88 evaluations required that show the PROJECT is in compliance with the provisions of the National Environmental Policy Act or the Georgia Environmental Policy Act as per the DEPARTMENT’s Environmental Procedures Manual, as appropriate to the PROJECT funding. This shall include any and all archaeological, historical, ecological, air, noise, community involvement, environmental justice, flood plains, underground storage tanks, and hazardous waste site studies required. The completed Environmental Document approval shall occur prior to Right of Way funding authorization. A re-evaluation is required for any design change as described in Chapter 7 of the Environmental Procedures Manual. In addition, a re- evaluation document approval shall occur prior to any Federal funding authorizations if the latest approved document is more than 6 months old. The LOCAL GOVERNMENT shall submit to the DEPARTMENT all studies, documents and reports for review and approval by the DEPARTMENT, the FHWA and other environmental resource agencies. The LOCAL GOVERNMENT shall provide Environmental staff to attend all PROJECT related meetings where Environmental issues are discussed. Meetings include, but are not limited to, concept, field plan reviews and value engineering studies. d. Prepare all PROJECT public hearing and public information displays and conduct all required public hearings and public information meetings with appropriate staff in accordance with DEPARTMENT practice. e. Perform all surveys, mapping, soil investigations and pavement evaluations needed for design of the PROJECT as per the appropriate DEPARTMENT Manual. PPrroojjeecctt ## 00001122888811 CCiittyy ooff MMiillttoonn Revised: 12/2011 99 f. Perform all work required to obtain all applicable PROJECT permits, including, but not limited to, Cemetery, TVA and US Army Corps of Engineers permits, Stream Buffer Variances and Federal Emergency Management Agency (FEMA) approvals. The LOCAL GOVERNMENT shall provide all mitigation required for the project, including but not limited to permit related mitigation. All mitigation costs are considered PE costs. PROJECT permits and non-construction related mitigation must be obtained and completed 3 months prior to the scheduled let date. These efforts shall be coordinated with the DEPARTMENT. g. Prepare the stormwater drainage design for the PROJECT and any required hydraulic studies for FEMA Floodways within the PROJECT limits. Acquire of all necessary permits associated with the Hydrology Study or drainage design. h. Prepare utility relocation plans for the PROJECT following the DEPARTMENT's policies and procedures for identification, coordination and conflict resolution of existing and proposed utility facilities on the PROJECT. These policies and procedures, in part, require the Local Government to submit all requests for existing, proposed, and relocated facilities to each utility owner within the project area. Copies of all such correspondence, including executed agreements for reimbursable utility/railroad relocations, shall be forwarded to the DEPARTMENT's Project Manager and the District Utilities Engineer and require that any conflicts with the PROJECT be resolved by the LOCAL GOVERNMENT. If it is determined that the PROJECT is located on an on-system route or is a DEPARTMENT LET PROJECT, the LOCAL GOVERNMENT and the District Utilities Engineer shall ensure that permit applications are approved for each utility company in conflict with PPrroojjeecctt ## 00001122888811 CCiittyy ooff MMiillttoonn Revised: 12/2011 1100 the project. If it is determined through the DEPARTMENT’s Project Manager and State Utilities Office during the concept or design phases the need to utilize Overhead/Subsurface Utility Engineering, hereinafter referred to as “SUE”, to obtain the existing utilities, the LOCAL GOVERNMENT shall be responsible for acquiring those services. SUE costs are considered PE costs. i. Prepare, in English units, Preliminary Construction plans, Right of Way plans and Final Construction plans that include the appropriate sections listed in the Plan Presentation Guide, hereinafter referred to as ”PPG”, for all phases of the PDP. All drafting and design work performed on the project shall be done utilizing Microstation V8i and InRoads software respectively using the DEPARTMENT’s Electronic Data Guidelines. The LOCAL GOVERNMENT shall further be responsible for making all revisions to the final right of way plans and construction plans, as deemed necessary by the DEPARTMENT, for whatever reason, as needed to acquire the right of way and construct the PROJECT. j. Prepare PROJECT cost estimates for construction, Right of Way and Utility/railroad relocation at the following project stages: Concept, Preliminary Field Plan Review, Right of Way plan approval (Right of Way cost only), Final Field Plan Review and Final Plan submission using the applicable method approved by the DEPARTMENT. The cost estimates shall also be updated annually if the noted project stages occur at a longer frequency. Failure of the LOCAL GOVERNMENT to provide timely and accurate cost estimates may delay the PROJECT’s implementation until additional funds can be identified for right of way or construction, as applicable. PPrroojjeecctt ## 00001122888811 CCiittyy ooff MMiillttoonn Revised: 12/2011 1111 k. Provide certification, by a Georgia Registered Professional Engineer, that the Design and Construction plans have been prepared under the guidance of the professional engineer and are in accordance with AASHTO and DEPARTMENT Design Policies. l. Provide certification, by a Level II Certified Design Professional that the Erosion Control Plans have been prepared under the guidance of the certified professional in accordance with the current Georgia National Pollutant Discharge Elimination System. m. Provide a written certification that all appropriate staff (employees and consultants) involved in the PROJECT have attended or are scheduled to attend the Department’s PDP Training Course. The written certification shall be received by the Department no later than the first day of February of every calendar year until all phases have been completed. 9. The Primary Consultant firm or subconsultants hired by the LOCAL GOVERNMENT to provide services on the PROJECT shall be prequalified with the DEPARTMENT in the appropriate area-classes. The DEPARTMENT shall, on request, furnish the LOCAL GOVERNMENT with a list of prequalified consultant firms in the appropriate area-classes. The LOCAL GOVERNMENT shall comply with all applicable state and federal regulations for the procurement of design services and in accordance with the Brooks Architect-Engineers Act of 1972, better known as the Brooks Act, for any consultant hired to perform work on the PROJECT. PPrroojjeecctt ## 00001122888811 CCiittyy ooff MMiillttoonn Revised: 12/2011 1122 10. The DEPARTMENT shall review and has approval authority for all aspects of the PROJECT provided however this review and approval does not relieve the LOCAL GOVERNMENT of its responsibilities under the terms of this agreement. The DEPARTMENT will work with the FHWA to obtain all needed approvals as deemed necessary with information furnished by the LOCAL GOVERNMENT. 11. The LOCAL GOVERNMENT shall be responsible for the design of all bridge(s) and preparation of any required hydraulic and hydrological studies within the limits of this PROJECT in accordance with the DEPARTMENT’s policies and guidelines. The LOCAL GOVERNMENT shall perform all necessary survey efforts in order to complete the hydraulic and hydrological studies and the design of the bridge(s). The final bridge plans shall be incorporated into this PROJECT as a part of this Agreement. 12. The LOCAL GOVERNMENT unless otherwise noted in Attachment “A” shall be responsible for funding all LOCAL GOVERNMENT owned utility relocations and all other reimbursable utility/railroad costs. The utility costs shall include but are not limited to PE, easement acquisition, and construction activities necessary for the utility/railroad to accommodate the PROJECT. The terms for any such reimbursable relocations shall be laid out in an agreement that is supported by plans, specifications, and itemized costs of the work agreed upon and shall be executed prior to certification by the DEPARTMENT. The LOCAL GOVERNMENT shall certify via written letter to the DEPARTMENT’s Project Manager and District Utilities Engineer that all Utility owners’ exisiting and proposed facilities are shown on the plans with no conflicts 3 months prior PPrroojjeecctt ## 00001122888811 CCiittyy ooff MMiillttoonn Revised: 12/2011 1133 to advertising the PROJECT for bids and that any required agreements for reimbursable utility/railroad costs have been fully executed. Further, this certification letter shall state that the LOCAL GOVERNMENT understands that it is responsible for the costs of any additional reimbursable utility/railroad conflicts that arise during construction. 13. The DEPARTMENT will be responsible for all railroad coordination on DEPARTMENT Let and/or State Route (On-System) projects; the LOCAL GOVERNMENT shall address concerns, comments, and requirements to the satisfaction of the Railroad and the DEPARTMENT. If the LOCAL GOVERNMENT is shown to LET the construction in Attachment “A” on off-system routes, the LOCAL GOVERNMENT shall be responsible for all railroad coordination and addressing concerns, comments, and requirements to the satisfaction of the Railroad and the DEPARTMENT for PROJECT. 14. The LOCAL GOVERNMENT shall be responsible for acquiring a Value Engineering Consultant for the DEPARTMENT to conduct a Value Engineering Study if the total estimated PROJECT cost is $50 million or more. The Value Engineering Study cost is considered a PE cost. The LOCAL GOVERNMENT shall provide project related design data and plans to be evaluated in the study along with appropriate staff to present and answer questions about the PROJECT to the study team. The LOCAL GOVERNMENT shall provide responses to the study recommendations indicating whether they will be implemented or not. If not, a valid response for not implementing PPrroojjeecctt ## 00001122888811 CCiittyy ooff MMiillttoonn Revised: 12/2011 1144 shall be provided. Total project costs include PE, right of way, and construction, reimbursable utility/railroad costs. 15. The LOCAL GOVERNMENT, unless shown otherwise on Attachment “A”, shall acquire the Right of way in accordance with the law and the rules and regulations of the FHWA including, but not limited to, Title 23, United States Code; 23 CFR 710, et. Seq., and 49 CFR Part 24 and the rules and regulations of the DEPARTMENT. Upon the DEPARTMENT’s approval of the PROJECT right of way plans, verification that the approved environmental document is valid and current, a written notice to proceed will be provided by the DEPARTMENT for the LOCAL GOVERNMENT to stake the right of way and proceed with all pre-acquisition right of way activities. The LOCAL GOVERNMENT shall not proceed to property negotiation and acquisition whether or not the right of way funding is Federal, State or Local, until the right of way agreement named “Contract for the Acquisition of Right of Way” prepared by the DEPARTMENT’s Office of Right of Way is executed between the LOCAL GOVERNMENT and the DEPARTMENT. Failure of the LOCAL GOVERNMENT to adhere to the provisions and requirements specified in the acquisition contract may result in the loss of Federal funding for the PROJECT and it will be the responsibility of the LOCAL GOVERNMENT to make up the loss of that funding. Right of way costs eligible for reimbursement include land and improvement costs, property damage values, relocation assistance expenses and contracted property management costs. Non reimbursable right of way costs include administrative expenses such as appraisal, consultant, attorney fees and any in-house property management or staff expenses. The LOCAL GOVERNMENT PPrroojjeecctt ## 00001122888811 CCiittyy ooff MMiillttoonn Revised: 12/2011 1155 shall certify that all required right of way is obtained and cleared of obstructions, including underground storage tanks, 3 months prior to advertising the PROJECT for bids. 16. The DEPARTMENT unless otherwise shown in Attachment “A” shall be responsible for Letting the PROJECT to construction, solely responsible for executing any agreements with all applicable utility/railroad companies and securing and awarding the construction contract for the PROJECT when the following items have been completed and submitted by the LOCAL GOVERNMENT: a. Submittal of acceptable PROJECT PE activity deliverables noted in this Agreement. b. Certification that all needed rights of way have been obtained and cleared of obstructions. c. Certification that the environmental document is current and all needed permits and mitigation for the PROJECT have been obtained. d. Certification that all Utility/Railroad facilities, existing and proposed, within the PROJECT limits are shown, any conflicts have been resolved and reimbursable agreements, if applicable, are executed. If the LOCAL GOVERNMENT is shown to LET the construction in Attachment “A”, the LOCAL GOVERNMENT shall provide the above deliverables and certifications and shall follow the requirements stated in Chapters 10, 11, 12 and 13 of the DEPARTMENT’s Local Administered Project Manual. The LOCAL GOVERNMENT PPrroojjeecctt ## 00001122888811 CCiittyy ooff MMiillttoonn Revised: 12/2011 1166 shall be responsible for providing qualified construction oversight with their personnel or by employing a Consultant firm prequalified in Area Class 8.01 to perform construction oversight. The LOCAL GOVERNMENT shall be responsible for employing a GDOT prequalified consultant in area classes 6.04a and 6.04b for all materials testing on the PROJECT, with the exception of field concrete testing. All materials testing, including field concrete testing shall be performed by GDOT certified technicians who are certified for the specific testing they are performing on the PROJECT. The testing firm(s) and the individual technicians must be submitted for approval prior to Construction. 17. The LOCAL GOVERNMENT shall provide a review and recommendation by the engineer of record concerning all shop drawings prior to the DEPARTMENT review and approval. The DEPARTMENT shall have final authority concerning all shop drawings. 18. The LOCAL GOVERNMENT agrees that all reports, plans, drawings, studies, specifications, estimates, maps, computations, computer files and printouts, and any other data prepared under the terms of this Agreement shall become the property of the DEPARTMENT if the PROJECT is being let by the DEPARTMENT. This data shall be organized, indexed, bound, and delivered to the DEPARTMENT no later than the advertisement of the PROJECT for letting. The DEPARTMENT shall have the right to use this material without restriction or limitation and without compensation to the LOCAL GOVERNMENT. PPrroojjeecctt ## 00001122888811 CCiittyy ooff MMiillttoonn Revised: 12/2011 1177 19. The LOCAL GOVERNMENT shall be responsible for the professional quality, technical accuracy, and the coordination of all reports, designs, drawings, specifications, and other services furnished by or on behalf of the LOCAL GOVERNMENT pursuant to this Agreement. The LOCAL GOVERNMENT shall correct or revise, or cause to be corrected or revised, any errors or deficiencies in the reports, designs, drawings, specifications, and other services furnished for this PROJECT. Failure by the LOCAL GOVERNMENT to address the errors, omissions or deficiencies within 30 days of notification shall cause the LOCAL GOVERNMENT to assume all responsibility for construction delays and supplemental agreements caused by the errors and deficiencies. All revisions shall be coordinated with the DEPARTMENT prior to issuance. The LOCAL GOVERNMENT shall also be responsible for any claim, damage, loss or expense, to the extent allowed by law that is attributable to errors, omissions, or negligent acts related to the designs, drawings, specifications, and other services furnished by or on behalf of the LOCAL GOVERNMENT pursuant to this Agreement. 20. The DEPARTMENT shall be furnished with a copy of all contracts and agreements between the LOCAL GOVERNMENT and any other agency or contractor associated with construction activities. The DEPARTMENT’s Project Manager shall be the primary point of contact unless otherwise specified. 21. The LOCAL GOVERNMENT shall provide the DEPARTMENT with a detailed project schedule that reflects milestones, deliverables with durations for all pertinent PPrroojjeecctt ## 00001122888811 CCiittyy ooff MMiillttoonn Revised: 12/2011 1188 activities to develop critical path elements. An electronic project schedule shall be submitted to the Project Manager after execution of this agreement. This Agreement is made and entered into in FULTON COUNTY, GEORGIA, and shall be governed and construed under the laws of the State of Georgia. The covenants herein contained shall, except as otherwise provided, accrue to the benefit of and be binding upon the successors and assigns of the parties hereto. PPrroojjeecctt ## 00001122888811 CCiittyy ooff MMiillttoonn Revised: 12/2011 1199 IN WITNESS WHEREOF, the DEPARTMENT and the LOCAL GOVERNMENT have caused these presents to be executed under seal by their duly authorized representatives. DEPARTMENT OF TRANSPORTATION BY: _________________________ Commissioner ATTEST: ____________________________ Treasurer CITY OF MILTON BY: _____________________________ Joe Lockwood Mayor Signed, sealed and delivered this _____ day of ________________, 20__, in the presence of: ______________________________ Witness ____________________________ Notary Public This Agreement approved by the City of Milton, the ______day of _____________, 20__. Attest ______________________________ Sudie Gordon, City Clerk FEIN: 51-0608862 PPrroojjeecctt ## 00001122888811 CCiittyy ooff MMiillttoonn Revised: 12/2011 2200 Attachment "A" Funding Sources and Distribution Percentage PE Amount Maximum PE Participation Amount ($) Participant PE Activity Sponsor Percentage Amount Participant Percentage Amount 1 80%$200,000.00 $200,000.00 Federal #DIV/0!$0.00 Federal 80%$200,000.00 2 0%$0.00 $0.00 State #DIV/0!$0.00 State 0%$0.00 3 20%$50,000.00 N/A Local 0%$0.00 Local 20%$50,000.00 4 0%$0.00 $0.00 Other #DIV/0!$0.00 Other 0%$0.00 Total 100%$250,000.00 #DIV/0!$0.00 100%$250,000.00 Percentage ROW Amount Maximum ROW Participation Amount ($) Participant Acquisition By:Acquisition Funding By:Utility Funding By:Railroad Funding By: 1 #DIV/0!$0.00 $0.00 Federal 2 #DIV/0!$0.00 $0.00 State 3 #DIV/0!$0.00 N/A Local 4 #DIV/0!$0.00 $0.00 Other Total #DIV/0!$0.00 100%100% Percentage CST Amount Maximum CST Participation Amount ($) Participant Letting By:Testing (Phase V) Funding By: Inspection (Phase VI) Funding By: 1 #DIV/0!$0.00 $0.00 Federal 2 #DIV/0!$0.00 $0.00 State 3 #DIV/0!$0.00 N/A Local 4 #DIV/0!$0.00 $0.00 Other Total #DIV/0!$0.00 100%100% Percentage TOTAL Amount Maximum Participation Amount ($)Participant 1 80%$200,000.00 $200,000.00 Federal 2 0%$0.00 $0.00 State 3 20%$50,000.00 N/A Local 4 0%$0.00 $0.00 Other Total 100%$250,000.00 Local Government Grand Total - All Phases I through III Right of Way - Phase II3 Local Government Local Government Construction - Phase III3 Local Govt 1The maximum allowable GDOT participating amounts for PE phase are shown above. The local Preliminary Engineering Phase IRight of Way Phase IIConstruction Phase IIILocal Government Utility Phase IVConstruction Oversight Phases V & VISponsor: City of MiltonProject No.: 0012881 Local Government Local Government Preliminary Engineering - Phase I1 GDOT Oversight for PE (Phase I)2 Preliminary Engineering Grand Total (Phase I) Utility Relocation - Phase IV Attach "Project Manager" Project Charging Form for Approval Local Government The GDOT Oversight check shall be remitted to the District Planning and Programming Engineer along with the signed Project Framework Agreement (PFA). NOTE: Separate GDOT P.O.s will be established for each funding phase. government will only be reimbursed the percentage of the accrued invoiced amounts up to but not to exceed the maximum amount indicated. 2GDOT Oversight for PE (Phase I) is detailed in Attachment "D". GDOT Oversight for CST (Phase III)2 3 Right-of-Way and Construction amounts shown are for budget planning purposes only.Summary of Phases I Through III PPrroojjeecctt ## 00001122888811 CCiittyy ooff MMiillttoonn Revised: 12/2011 2211 ATTACHMENT “B” Project Timeline PI # 0012881 – City of Milton Proposed Project Timeline Environmental Phase Concept Phase Preliminary Plan Phase Right of Way Phase Deadlines for Execute Month/Year Month/Year Month/Year Month/Year Responsible Parties Agreement (Approve (Approve Env. (Authorize Right (Authorize Concept) Document) of Way funds) Const. funds) Annual Reporting Requirements The Local Government shall provide a written status report to the Department’s Project Manager with the actual phase completion date(s) and the percent complete/proposed completion date of incomplete phases. The written status report shall be received by the Department no later than the first day of February of every calendar year until all phases have been completed. PPrroojjeecctt ## 00001122888811 CCiittyy ooff MMiillttoonn Revised: 12/2011 2222 ATTACHMENT “C” PPrroojjeecctt ## 00001122888811 CCiittyy ooff MMiillttoonn Revised: 12/2011 2233 PPrroojjeecctt ## 00001122888811 CCiittyy ooff MMiillttoonn Revised: 12/2011 2244 ATTACHMENT “D” GDOT Oversight Estimate for Locally Administered Project Thursday, November 07, 2013 7:28 AM PI Number Project Number County Project Length Miles Project Manager Project Cost Project Type Project Description Expected Life of Project Years Project Phase Oversight Hours Oversight Cost 1. Project Initiation 0 $ 0.00 2. Concept Development 0 $ 0.00 3. Database Preparation* 0 $ 0.00 4. Preliminary Design 0 $ 0.00 5. Environmental 0 $ 0.00 6. Final Design 0 $ 0.00 Travel Expenses $ - Total Oversight Estimate 0 $ 0.00 Percentage of Project Cost .00% 0012881 Fulton James, Xavier Enhancement Cogburn Rd; Bethany Bend & Winward Parkway Connection @ 3 Locations 1.00 2.16 $250,000 C:\Documents and Settings\vgavalas\My Documents\Oversight Estimate 0012881.dox GDOT Oversight Estimate for Consultant and Locally Administered Projects – Version 2.01 – September 2011 PPrroojjeecctt ## 00001122888811 CCiittyy ooff MMiillttoonn Revised: 12/2011 2255 ATTACHMENT “E” GEORGIA SECURITY AND IMMIGRATION COMPLIANCE ACT AFFIDAVIT Name of Contracting Entity: _________________________________________________________ Contract No. and Name: _________________________________________________________ _________________________________________________________ By executing this affidavit, the undersigned person or entity verifies its compliance with O.C.G.A. § 13-10-91, stating affirmatively that the individual, firm, or entity which is contracting with the Georgia Department of Transportation has registered with, is authorized to participate in, and is participating in the federal work authorization program commonly known as E-Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91. The undersigned person or entity further agrees that it will continue to use the federal work authorization program throughout the contract period, and it will contract for the physical performance of services in satisfaction of such contract only with subcontractors who present an affidavit to the undersigned with the information required by O.C.GA. § 13-10-91(b). The undersigned person or entity further agrees to maintain records of such compliance and provide a copy of each such verification to the Georgia Department of Transportation within five (5) business days after any subcontractor is retained to perform such service. _______________________________________ E-Verify / Company Identification Number _______________________________________ Signature of Authorized Officer or Agent _______________________________________ Date of Authorization _______________________________________ Printed Name of Authorized Officer or Agent _______________________________________ Title of Authorized Officer or Agent _______________________________________ Date SUBSCRIBED AND SWORN BEFORE ME ON THIS THE _____ DAY OF ______________________, 201_ ________________________________________ [NOTARY SEAL] Notary Public My Commission Expires: ___________________ PPrroojjeecctt ## 00001122888811 CCiittyy ooff MMiillttoonn Revised: 12/2011 2266 ATTACHMENT “F” TITLE VI INTRODUCTION As a sub-recipient of federal funds from Georgia Department of Transportation, all municipalities are required to comply with Title VI of the Civil Rights Act of 1964 which provides that: “No person in the United States shall, on the grounds of race, color, or national origin, be excluded from participation in, or be denied the benefits of, or be subjected To discrimination under any program or activity receiving federal assistance under This title or carried out under this title.” Additionally, the Civil Rights Restoration Act of 1987, expanded the definition of the terms “programs and activities” to include all programs or activities of federal recipients, subrecipients, and contractors, whether or not such programs and activities are federally assisted. The provisions of Title VI apply to all contractors, subcontractors, consultants and suppliers. And is a condition for receiving federal funds. All sub recipients must sign Title VI assurances that they will not discriminate as stated in Title VI of the Civil Rights Act of 1964. In the event that the sub recipient distributes federal aid funds to second tier entity, the sub- recipient shall include Title VI language in all written documents and will monitor for compliance. If, these assurances are not signed, the City or County government may be subjected to the loss of federal assistance. All sub recipients that receive federal assistance must also include Federal Highways Administrations 1273 in their contracts. The FHWA 1273 sets out guidance for ensuring non discrimination and encouraging minority participation and outreach. Enclosed you will find Title VI acknowledgment form and the Title VI assurances. The Title VI acknowledgment form and Title VI assurances must be signed by your local government official if it has not been signed. PPrroojjeecctt ## 00001122888811 CCiittyy ooff MMiillttoonn Revised: 12/2011 2277 ATTACHMENT “F” TITLE VI ACKNOWLEDGEMENT FORM The___________________________________ assures that no person shall on the grounds or race, color, national origin or sex as provided by Title VI of the Civil Rights Act of 1964, and the Civil Rights Restoration Act of 1987 be excluded from participation in, be denied the benefits of, or otherwise be subjected to discrimination under any City or County sponsored program or activity. The_______________________________ assures that every effort will be made to ensure non discrimination in all of its programs or activities, whether those programs are federally funded or not. Assurance of compliance therefore falls under the proper authority of the City Council or the County Board of Commissioners. The Title VI Coordinator or Liaison is authorized to ensure compliance with provisions of this policy and with the Law, including the requirements of 23 Code of Federal Regulations (CFR) 200 and 49 CFR 21. ____________________________________ _______________ Official Name and Title Date Citations: Title VI of the Civil Rights Act of 1964; 42 USC 2000d to 2000d-4;42 USC 4601to 4655;23 USC 109(h); 23 USC 324; DOT Order 1050.2; EO 12250; EO 12898; 28CFR 50.3 Other Nondiscrimination Authorities Expanded the range and scope of Title VI coverage and applicability The 1970 Uniform Act (42 USC 4601) Section 504 of the 1973 Rehabilitation Act (29 USC 790) The 1973 Federal-aid Highway Act (23 USC 324) The 1975 Age Discrimination Act (42 USC 6101) Implementing Regulations (49 CFR 21 & 23 CFR 200) Executive Order 12898 on Environmental Justice (EJ) Executive Order 13166 on Limited English Proficiency (LEP) HOME OF ' ESTAkLISFiFD2000 CITY COUNCIL AGENDA ITEM TO: City Council DATE: November 21, 2013 FROM: City Manager AGENDA ITEM: Approval of a Construction Services Agreement between the City of Milton and TriScapes, Inc. for Stormwater Pipe Repair on Bethany Road. MEETING DATE: Monday, December 2, 2013 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (Y APPROVED O NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: �J YES () NO CITY ATTORNEY REVIEW REQUIRED: `K YES O NO APPROVAL BY CITY ATTORNEY APPROVED (} NOT APPROVED PLACED ON AGENDA FOR: � 2 a Zl 3 REMARKS ® Your PHONE: 678.242.25001 FAX: 678.242.2499 Green _ Z # artifod infoftityofmiltonga.us I www.cityofmiltonga.us Community 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 a Page 1 of 2 To: Honorable Mayor and City Council Members From: Carter Lucas, Public Works Director Date: Submitted on November 18, 2013 for the December 2, 2013 Regular Council Meeting Agenda Item: Approval of a Construction Services Agreement between the City of Milton and TriScapes, Inc. for Stormwater Pipe Repair on Bethany Road ____________________________________________________________________________ Department Recommendation: Approval. Executive Summary: This project is to repair a broken stormwater pipe on Bethany Road and install a headwall. Three bids were received for this project. Table 1. Bid Summary Firm Bid Triscapes $7,730 Strickland Pipeline $9,400 IFS $10,200 Funding and Fiscal Impact: Funding for this project is available in the capital Stormwater Maintenance budget in the Public Works Department. Alternatives: N/A Legal Review: Jarrard & Davis, LLP – Paul Higbee, 11/7/2013 Concurrent Review: Chris Lagerbloom, City Manager Page 2 of 2 Attachment(s): Construction Services Agreement M1 LTON*S CONSTRUCTION SERVICES AGREEMENT — SHORT FORM AGREEMENTS $10,000.00 OR LESS Bethany Road Stormwater Cross -Drain System improvements This Services Agreement (the "Agreement") is made and entered into this day of , 201, by and between the CITY OF MILTON, GEORGIA (hereinafter referred to as the "City"), and TRISCAPES, INC. (hereinafter referred to as the "Contractor") having its principal place of business at 380 Mullinax Road, Alpharetta, Georgia 30004. WITNESSETH THAT: WHEREAS, the City desires to employ a contractor to perform the services described herein (the "Work"); and WHEREAS, Contractor has familiarized itself with the Contract Documents, as defined below, the Work, and with all local conditions and applicable federal, state and local laws, ordinances, rules and regulations. NOW THEREFORE, the City and Contractor, in consideration of the mutual promises contai ned herein and other good and valuable consideration, the sufficiency of which is hereby acknowledged, agree as follows: Section 1. Contract Documents: This Agreement and the following named Exhibits, attached hereto and incorporated herein by reference, constitute the "Contract Documents": EXHIBIT A -SCOPE OF WORK; EXHIBIT B -INSURANCE CER.TFICATE; EXHIBIT C -CONTRACTOR AFFIDAVIT AND AGREEMENT; EXHIBIT D -SUBCONTRACTOR AFFIDAVIT (IF NECESSARY); EXHIBIT E -.BONDS To the extent that there may be any conflict among the Contract Documents, the provision operating most to the benefit of the City shall govern. Section 2. The Work: Contractor steal l provide all Work described in the Contract Documents. Irl the event of any discrepancy among the Contract Documents, the provision operating most to the benefit of the City, as detennisted by the City in its sole discretion, shall govern. Unless otherwise stated in the Contract Documents, the Work shall include Contractor's provision of materials, labor, expenses, and any other cost or item necessary to complete the Work, which is generally described as "re -setting" an existing dislodged storrnwater cross -drain pipe, and installation of a new headwall with erosion control near 12495 Bethany Road. Section 3. Contract Time: Contractor understands that time is of the essence of this Agreement and warrants that it will perform the Work in a prompt manner, which shall not impose delays on the progress of the Work. it shall commence Work pursuant to this Agreement on or before a date to be specified on a written "Notice to Proceed" from the City. and shall fully complete the Work within 10 business days of the "Notice to Proceed". Section 4. Work Changes: Any changes to the Work requiring an increase in the Contract Price, as defined below, shall require a written change order executed by the City in accordance with its purchasing regulations. Section 5. Compezrsation and Method of Payment: City agrees to pay Contractor for the services performed and costs incurred by Contractor upon the City's certification that the services were actually performed and costs actually incurred in accordance with this Agreement. Compensation for services performed and, if applicable, reimbursement for casts incurred shall be paid to Contractor upon the City's receipt and approval of an invoice, submitted upon completion of the Work, setting forth in detail the services performed and costs incurred. invoices shall reflect charges incurred versus charges budgeted. The total amount paid under this Agreement for the Work shall slot_ in any case, exceed 57,730 (the "Contract Price"), except as outlined in Section 4 above. Contractor shall take no calculated risk in the performance of the Work. Specifically, Contractor agrees that in the event it cannot perform the Work within the budgetary limitations established without disregarding sound principles of Contractor's industry, Contractor will give written notice thereof immediately to the City. Section (. Covenants of Contractor A. Assignment of AMe_ ent: Contractor covenants and agrees not to assign or transfer any interest in, nor delegate any duties of this Agreement, without the prior express written consent of the City. B. Resppnsibilityof Contractor and Indemnification of City: Contractor covenants and agrees to take and assume all responsibility for the services rendered in connection with the Work. Contractor shall bear all losses and damages directly or indirectly resulting to it on account of the performance or character of the services rendered pursuant to this Agreement. Contractor shall defend, indemnify and hold harmless the City, its officers, boards, commissions, elected and appointed officials, employees and agents from and against any and all claims, suits, actions, liability, judgments, damages, losses, and expenses. including but not limited to, attorney's fees, which may be the result of willful, negligent or tortious conduct arising out of the Work, performance of contracted services, or operations by Contractor, any subcontractor, anyone directly or indirectly employed by Contractor or subcontractor or anyone for whose acts Contractor or subcontractor may be liable, regardless of whether or not the negligent act is caused in part by a party indemnified hereunder. Contractor shall not be required to indemnify the City or its officers, boards, commissions, elected or appointed officials, employees or agents against liability or claims for damages, losses, or expenses, including attorney fees, arising out of bodily injury to persons, death, or damage to property caused by or resulting from the sale negligence of the City or its officers, hoards, commissions, elected or appointed officials, employees or agents. C. independent Contractor: Contractor hereby covenants and declares that it is engaged in an independent business and agrecs to perform the Work as an independent contractor, not as agent or employee of City. inasmuch as City and Contractor are contractors independent of one another, neither has the authority to bind the other to any third person or otherwise to act in any way as the representative of the other, unless otherwise expressly agreed to in writing by both parties. Contractor agrees not to represent itself as City's agent for any purpose to any party or to allow any employee to do so, unless specifically authori7ed, in advance and in writing, and then only for the limited purpose stated in such authorization. Contractor shall assume full liability for any contracts or agreements Contractor enters into on behalf of'City without the express knowledge and prior written consent of City. D. Insurance: Contractor shall have and maintain in full force and effect for the duration of this Agreement, insurance approved by the City as shown on Exhibit "B" E. Licenses, Certifications and Permits: Contractor covenants and declares that .it has obtained and will xnaintain all diplomas, certificates, licenses, permits or the like required by any national, state, regional, City, and local boards, agencies, commissions, committees or other regulatory bodies to perform the Work. Contractor shall comply with applicable legal requirements and meet the standard of quality ordinarily expected of its industry. F_ Ownership or Work: All reports, drawings, specifications, and other items prepared or in the process of being prepared for the Work by Contractor ("materials"} shall be the property of the City and the City shall be entitled to full access and copies of all materials. All copyrightable subject matter in all inaterials is hemby assigned to [tic City and Contractor agrees to execute any additional documents necessary to evidence such assignment. G. Contractor's Representative: Ryan Hogan shall be authorized to act on Contractor's behalf with respect to the Work as Contractor's designated representative. H. 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. I. mgetin s: Contractor shall meet with City's personnel or designated representatives to resolve technical or contractual problems that may occur during the terra of the contract, at no additional cost to City. 2 Section 7. Warranty+: Contractor shall repair all defects in materials, equipment, or workmanship appearing within one year from the date of Completion of the work at no additional cost to the City. Section 8. Termination: The City may terminate this Agreement for convenience at any time upon written notice to Contractor. Provided that no damages are due to the City for Contractor's breach of this Agreement, the City shall pay Contractor for Work perforined to date in accordance with Section S herein. Section 9. Miscellaneous A. Governing Law. This Agreement: shall be governed by the laws of the State of Georgia. B. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original, but all of which together shall constitute one and the same instrument. C. Sovereign Immunity. Nothing contained in this Agreement shall be construed to be a waiver of the City's sovereign immunity or any individual's qualified good faith or official immunities. D. Employment of Unauthorized Aliens_ Prohibited: (1) E -Verity Affidavit It is the policy of the City of Milton that unauthorized aliens shall not be employed to perform work on City contracts involving tate physical performance of services. Therefore, the City shall not enter into a contract for the physical performance of services within the State of Oieorgia unless: (1) the Contractor shall provide evidence on City -provided forms, attached hereto as Exhibits "C" and "D" (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 "ll -Verify") program, of the social security numbers, or other identifying information now or hereafter accepted by the E -Verify program., of all employees who will perform work on the City contract to ensure that no unauthorized aliens will be employed, or (2) the Contractor provides evidence that it is not required to provide an affidavit because it is licensed pursuant to Title 26 or Title 43 or by the State Bar of Georgia and is in good standing as of the date when the contract for services is to be rendered. The Contractor hereby verifies that it has, prior to executing this Agreement, executed a notarized affidavit, the form of which is provided in Exhibit "C", and submitted such affidavit to City or provided the City with evidence that it is not required to provide such an affidavit because it is licensed and in good standing as noted in subsection (2) above. Further, Contractor hereby agrees to comply with the requirements of the federal immigration Reform and Control Act of 1986 (IBCA), P.L. 99-603, 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 "D", which subcontractor affidavit shall became part of the contractorlsubcontractor agreement, or evidence that the subcontractor is not required to provide such an affidavit because 3 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 rcccipt from any subcontractor. NVhcrc 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 Contraum and Contractor's subcontractors agree to cooperate with any such investigation by making their records and personnel available Capon reasonable notice for inspection and questioning. Where a Contractor or Contractor's subcontractors are found to have employed an unauthorized alien_ the City Manager or his/her designee may report same to the Department of Homeland Security. The Contractor's failure to cooperate with the investigation may be sanctioned by termination of the contract, and the Contractor shall be liable for all damages and delays occasioned by the City thereby. Contractor agrees that the employee -number category designated below is applicable to the Contractor. [Information only required if a contractor affidavit is required pursuant to O.C.G.A. § 13-10-91.] 500 or more employees. 100 or more employees. x _ Fewer than 100 employees. Contractor hereby agrees that, in the event Contractor employs or contracts with any subcontractor(s) in connection with this Agreement and where the subcontractor is required to .provide an affidavit pursuant to O.C.G.A. § 13-10-91, the Contractor will secure ftom the subcontractor(s) such subcontractor(s') indication of the above employee -number category that is applicable to the subcontractor. The above requirements sltalt be in addition to the requirements of State and federal law, and sliall be construed to be in conformity with those Iaws. E. Nondiscrimination. In accordance with Title VI of the Civil Rights Act, as amended, 42 U.S.C. § 2000d, section 303 of the Age Discrimination Act of 1975, as amended, 42 IT9.C. § 6102, section 202 of the Americans with Disabilities Act of 1.490, 42 U.S.C. § 121.32, 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 E in every subcontract for services contemplated under this Agreement. 4 IN WITNESS WHEREOF, the parties have caused this Agreemmit to be executed under sea] as of the data first above written. TR[SCAPES, INC Signature: 12C. r Printed Name: Rebecca Martin Title: President CFa [AFFIX CORPORATE SEAL] CITY OF MTLTON, GEORGIA Jae Lockwood, Mayor EXHIBIT "A" Scope of Work The general scope of work will consist of "re -setting" an existing dislodged stormwater cross -drain pipe, and installation of a new headwall with erosion control near 72995 Bethany Road. Specifically, the repair protocol shall consist of the following: 1. Remove roadway fill in order to access drainage pipe. 2. Remove slope vegetation and other debris as required. 3. Reset alignment of existing concrete pipe, place and backfill slopes. 4. Piace new concrete headwall/wingwall at downstream end of pipe. 5. Add rip -rap plunge pool, & Smooth grades, grass and mulch disturbed area. 7. Provide appropriate erosion and sediment control measures during construction. EXHIBIT "C" CONTRACTOR AFFIDAVIT AND AGREEMENT STATE OF GEORGIA Cl'fY OF M.IL'1'O N By executing this affidavit, the undersigned contractor verifies its compliance with G.C.G.A. § 13-10-91, stating affirmatively that the individual, firm, or corporation which is engaged in the physical performance of services an 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 Q.C.G.A. § 13-10-91. Furthermore, the tindersigned contractor will continue to use the federal work authorization progmto 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 Q.C.G,A. § 13-10-91(b). Contractor hereby attiests drat its federal work authorization user identification number and date of authorization are as follows: 123689 eVerify Number 6/2/48 Date of Authorization l'RINCAPES, INC. Name of Contractor Bethany Road Stormwater Cross -Drain System Improvements Name of Project Ci fMilto Name of Public Employer I hereby declare under penalty of perjury that the foregoing is true and correct. Executed on Nov. __I_, 201 3 im—ing (city), GA stag]_ V119 . of Authorize Officer or Agent Rebecca Martin, President1CF0 Printed Name and Title of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON `1'H1S THE 7th DAY OF gowember 201 3. tv U rsiic tru►AMBE,Q'►�*. s dop 0. =Zia My COA 'on ]�s: O ►y,�r �. ���4►k�E COV.y��ti PAYMENT BOND #5000766 CITY OF MILTON, GEORGIA KNOW ALL MEN BY THESE PRESENTS THAT Tri Scapes, Inc. (as CONTRACTOR, hereinafter referred to as the "Principal"), and Tri Scapes, Inc FOCI Insurance Company (as SURETY COMPANY, hereinafter referred to as the "CONTRACTOR'S SURETY"), are held and firmly bound unto the City of Milton, Georgia (as OWNER, hereinafter referred to as the "City"), for the use and benefit of any "Claimant," as hereinafter defined, in the sum of seven thousand seven hundred thirty dollars and no cents ($7,730.00), lawful money of the United States of America, for the payment of which the Principal and the Contractor's Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has entered, or is about to enter, into a certain written agreement with the City, dated , which is incorporated herein by reference in its entirety (hereinafter referred to as the "CONTRACT"), for the construction of a project known as Bethany Road Stormwater Cross -Drain System Improvements (hereinafter referred to as `'the PROJECT"). NOW THEREFORE, the condition of this obligation is such that if the Principal shall promptly make payment to any Claimant, as hereinafter defined, for all labor, services and materials used or reasonably required for use in the performance of the Contract, then this obligation shall be void; otherwise to remain in full force and effect. A "Claimant" shall be defined herein as any Subcontractor, person, Party, partnership, corporation or other entity furnishing labor, services or materials used or reasonably required for use in the performance of the Contract, without regard to whether such labor, services or materials were sold, leased or rented, and without regard to whether such Claimant is or is not in privity of the Contract with the Principal or any Subcontractor performing Work on the Project. In the event of any claim made by the Claimant against the City, or the filing of a Lien against the property of the City affected by the Contract, the Contractor's Surety shall either settle or resolve the Claim and shall remove any such Lien by bond or otherwise as provided in the Contract. The Parties further expressly agree that any action on this Bond may be brought within the time allowed by Georgia law for suit on contracts under seal. IN WITNESS WHEREOF, the Principal and Contractor's Surety have hereunto affixed their corporate seals and caused this obligation to be signed by their duly authorized officers on this 12th day of November , 2013. Tri Scapes, Inc. 0 Title: eS 1614 V-,+ 4(f SEAL) (Signatures Continued on Next Page) Attest- Title:c r �r Date: 1'13-13 Attest: Date: 11/12/2013 (Nanxc of Contractor's Surety) 0 Title: Attorney In Fact (ATTACH SURETY'S POWER OF ATTORNEY) SEAL) PERFORMANCE BUND #5000766 CITY OF MILTON, GEORGIA KNOW ALL MEN BY THESE PRESENTS THAT Tri Scapes, Inc. (as CONTRACTOR, hereinafter referred to as the "Principal"), andFCCI Insurance Compan)(as SURETY COMPANY, hereinafter referred to as the "CONTRACTOR'S SURETY"), are held and firmly bound unto the City of Milton, Georgia (as OWNER, hereinafter referred to as the "City"), for the use and benefit of any "Claimant," as hereinafter defined, in the sum of seven thousand seven hundred thirty dollars and no cents ($7,7311.00), lawful money of the United States of America, for the payment of which the Principal and the Contractor's Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has entered, or is about to enter, into a certain written agreement with the City, dated the of , 2013 which is incorporated herein by reference in its entirety (hereinafter referred to as the "CONTRACT"), for the construction of a project known as Bethany Road Stormwater Cross -Drain System Improvements (hereinafter referred to as "the PROJECT"). NOW THEREFORE, the conditions of this obligation are as follows: 1. That if the Principal shall fully and completely perform each and all of the terms, provisions and requirements of the Contract. including and during the period of any warranties or guarantees required thereunder, and all modifications, amendments, changes, deletions, additions, and alterations thereto that may hereafter be made_ and if the Principal and the Contractor's Surety shall indemnify and hold harmless the City from any and all losses, liability and damages, claims, judgments, liens, costs and fees of every description, including but not limited to, any damages for delay, which the City may incur, sustain or sutt`er by reason of the failure or default on the part of the Principal in the performance of any and all of the terms, provisions and requirements of the Contract, including all modifications, amendments, changes, deletions, additions, and alterations thereto and any warranties or guarantees required thereunder, then this obligation shall be void; otherwise to remain in full force and effect; Z. In the event of a failure of performance of the Contract by the Principal, which shall include, but not be limited to, any breach of default of the Contract: a. The Contractor's Surety shall commence performance of its obligations and undertakings under this Bond no later than thirty {30} days atter written notice from the City to the Contractor's Surety; and b. The means, method or procedure by which the Contractor's Surety undertakes to perform its obligations under this Bond shall be subject to the advance written approval of the City. The Contractor's Surety hereby wares notice of any and all modifications, omissions, additions, changes and advance payments or deferred payments in or about the Contract, and agrees that the obligations undertaken by this Bond shall not be impaired in any manner by reason of any such modifications, omissions, additions, changes, and advance payments or deferred payments. The Parties further expressly agree that any action on this Bond may be brought within the time allowed by Georgia law for suit on contracts under seal. IN WITNESS WHEREOF, the principal and Contractor's Sorety have hereunto affixed their corporate seals and caused this obligation to be signed by their duly authorized officers or attorneys -in -fact, this 12th Attest: J r Title- Date: � �-6 —1 Attest: Date: 11/12/2413 day of November . 2013. Tri Scapes, ne. f � By: I Title: (SEAL) (Name of Contractor's S 7 Title: Attorney In Fact —(SEAL) (ATTACH SURETY'S POWER OF ATTORNEY) 10-009174 FCCI T1VSLE GROUP TPP I1dUTFC-I'1NG BUSINESS, PROPERTY AND PEDPLF GENERAL POWER OF ATTORNEY Know all men by these presents: That the FCCI Insurance Company, a Corporation organized and existing under the laws of the State of Florida (the "Corporation") does make, constitute and appoint: Kathy Embrey; Angie Ferguson; Karen Sue Haworth; Christy Lackey; Fred Mitchell Each, its true and lawful Attorney -In -Fact, to make, execute, seal and deliver, for and on its behalf as surety, and as its act and deed in all bonds and undertakings provided that no bond or undertaking or contract of suretyship executed under this authority shall exceed the sum of (not to exceed $5,000,000): $5,000,000.00 This Power of Attorney is made and executed by authority of a Resolution adopted by the Board of Directors- That resolution also authorized any further action by the officers of the Company necessary to effect such transaction. The signatures below and the seal of the Corporation may be affixed by facsimile, and any such facsimile signatures or facsimile seal shall be binding upon the Corporation when so affixed and in the future with regard to any bond, undertaking or contract of surety to which it is attached. In witness whereof, the FOCI Insurance Company has caused these presen s to be signed by its duly authorized officers and its corporate Seal to be hereunto affixed, this 22ND day of September 2011 . Attest: op res; o F .� Crai hn n, President �; SEAL , K Thom s .Koval Esq., SVP, Ge ounsel, FOCI nsur ce Company 1111„ Gov ment Affairs and Corporate Secretary T�oRtnP..' FCC} Insurance Company State of Florida County of Sarasota Before me this day personally appeared Craig Johnson, who is personally known to me and who executed the foregoing document for the purposes expressed therein. ARLENE CUEMAN My commission expires: 9/2512016 My �} 25,2016 _ .-. ..... _• No. EE 213092 Notary Public. State of Florida County of Sarasota Before me this day personally appeared Thomas A. Koval, Esq-, who is personally known to me and who executed the foregoing document for the purposes expressed therein. ARLENE UFA" M commission expires: 9/25/2016 N&Wy P"bk• Stage °1 FWO Y P Aly Gomm- EVM sept 25,201.6 No, EE 2130$2 Notary Public CERTIFICATE I, the undersigned Secretary of FOCI Insurance Company, a Florida Corporation, DO HEREBY CERTIFY that the foregoing Power of Attorney remains in full force and has not been revoked; and furthermore that the February 24, 2011 Resolution of the Board of Directors, referenced in said Power of Attorney, is now force. n Dated this�2 day of [C v'.� �`f ■�- Thom Koval, Esq., SVP, igral Counsel, Gov r ent Affairs and Corporate S—etTetary 1 HONA-3692 �NA-04, 11)12 . 101 n s �artlGard �C1953o LOr7ia1715 8 .sECt7Rn'pd,7taQrdph, 6[UP. bBCkt�� G11.'Jd. r:eai-sans+filse rt�k, ruin -reactive svatsrr�ark. and mrcrafext pr�rr{itrg ar.. b ,icer. � � "'� �E T u":..' :;; I ACQRl7® CERTIFICATE OF LIABILITY INSURANCE 1+VDDIYYYYj 11 2013 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S)I, AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terns and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsements). PRODUCER PointeNorth insurance Group, LLC P❑ Box 724728 Atlanta GA 31139 NAME: Angie Ferguson PHONE (770) 858-7540 FAiAJX N0. (7 71) 658-7545 n DRIL ,aferguson@pointenorthins-corn INSURE 5 AFFORDING COVERAGE NAIC iF INSURERA:zCOL - Association Casualty INSURED Tri Scapes, Inc. QR Martin 1595 Peachtree Pkwy #204-396 Cumming GA 30041 INSURERB:Columbia National Insurance Co 3.9640 INSURER c:Technology Insurance Company 2376 INSURER D: INSURER E INSURERF: COVERAGES CERTIFICATE NUMBER:CL137122572 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR T TYPEOFINSURANCE ADDLSUBR POLICY NUMBER LI EFF MAN POLICY EXP m"DIYYYY LIMITS GENERAL LIAMLITY William Skeeles/AF2 EACH OCCURRENCE $ 1,000,000 AG TO RENTED PREMIE $ 100,000 A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE OCCUR X Y MPGAOOOL)103106 2/1/2012 2/1 /2D 13 MEDEXP(Aryonepwsw) $ 51000 PERSONAL & ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMPIOP AGG $ 2,000,000 POLICY x PRO- jECT F7 LOC $ AUTOMOBILE LIABILITY Ea BINErD, IN LE LIMIT 1,000,000 BDDILYINJURY(Pefperson) $ AALL I ANY AUTO OWNED SCHEDULED AUTOSXY APGAD0000202065 12/1/2012 12/1/2013AUTOS 60pILY INJURY (Pefacciderrt) $ NON O MdED HIRED AUTOS AUTOS PROPERTY DAMA $ P r nt UninsLwWmotwistcombined $ 75,000 X UMBRELLA UAB x OCCUR EACH OCCURRENCE $ 5,000,000 AGC'REGATE $ 5,000,000 B EXCESS LIA8 CLAIMS -MADE DEO I X RETENTIONS 10,00 $ X UPGA25024 2/1/2012 2/1/2013 * WORKERS COPAPENSAnoN AND EMPLOYERS' LIABILITY Y I N y x STATU- I 0TH• Y LIMITS E.L. EACH ACCIDENT $ ], 000 000 ANY PRCPRIETORIPARTNERIEXECUTIVE e OFFICERnAZMER EXCLUDED? ❑ [Mandatory in NH] NIA C3325692 /1/2013 /1/2614 E.L. DISEASE - EA EMPLOYE $ 11000,000 H tlescnbe under DESCRIPTION OF OPERATIONS below -. E.L. DISEASE - POLICY LIMIT $ 1 000 000 A Inland Marine/Equipment MPGADDDD103106 2/1/2012 2/1/2013 12X60Mo61eof , $45,000 DESCRIPTION OF OPERAT DNS I LOCATIONS 1 VEHICLES IAtlach ACORD t01, Additions{ Reunarks Schete, if more space Is required] Project: Bethany Road Stormwater Cross -Drain System Improvements The City of Officials, employees, agents and volunteers are to be covered as insured as respects: liability arising out of activities preforemd 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. Coverage contains no special limitations on the scope of CERTIFICATE HOLDER CANCELLATION ACORD 25 (2010105) N5025Ignfnnx;i m ©1988-2010 ACORD CORPORATION. All rights reserved. Tho 11f npn nam^ Dna Innn aro raniafamA m2rire of APnDn SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Milton City Manager AUTHORIZED REPRESENTATIVE 13000 Deerfiled Pkwy, Ste 107F Milton, GA 30004 William Skeeles/AF2 ACORD 25 (2010105) N5025Ignfnnx;i m ©1988-2010 ACORD CORPORATION. All rights reserved. Tho 11f npn nam^ Dna Innn aro raniafamA m2rire of APnDn COMMENTS/REMARKS protection afforded to the city, its officials, employees, agents or volunteers. Coverage is primary and non contributory as respects to any other insurance or self insurance afforded to the city, its officials, employees, agents or volunteers shall be excess of the contractors insurance. Waiver of subrogation is provided where required by signed contract agreement. I OFREMARK COPYRIGHT 2000, AMS SERVICES INC. I 0 HOME OF ' ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: November 21, 2013 FROM: City Manager AGENDA ITEM: Consideration of the Approval of Canine Program Implementation Agreement. MEETING DATE: Monday, December 2, 2013 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: KAPPROVED CITY ATTORNEY APPROVAL REQUIRED: YES CITY ATTORNEY REVIEW REQUIRED: �j YES APPROVAL BY CITY ATTORNEY )(APPROVED PLACED ON AGENDA FOR: l 2 o z 1% REMARKS O NOT APPROVED O NO () NO g] Youlm 4052 Green -� *Crrtficd ',e't toP-wa PHONE: 678.242.25001 FAX: 678.2422499 PACE lWAAA' info@cityofmiltonga.us I www.cityofmilfonga.us [©mmunityof _� 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 _ `° as -"Z, a To: Honorable Mayor and City Council Members From: Sam Trager, Director of Human Resources Date: Submitted on 11/21/13 for the 12/2/13 Regular Council Meeting Agenda Item: Consideration of the Approval of Canine Program Implementation Agreement ____________________________________________________________________________ Department Recommendation: Adopt the attached agreement between the City of Milton and Officer Christopher Ward that establishes the canine program, Officer Ward’s responsibilities, ownership of the canine, and compensation for canine responsibilities. Executive Summary: With the acquisition of the new canine by the police department, it is necessary to establish an agreement between the City and the canine officer that details the items listed above. The agreement states that canine responsibilities are assigned by the Chief; the City will provide food, equipment and veterinary care; compensate the canine officer in compliance with the Fair Labor Standards Act; and ownership of the canine. Funding and Fiscal Impact: This is funded in the FY 2014 budget. Alternatives: Other Council directed action. Legal Review: Ken Jarrard – Jarrard & Davis 11/5/13. Concurrent Review: Chris Lagerbloom, City Manager Attachment(s): Canine Program Implementation Agreement CANINE PROGRAM IMPLEMENTATION AGREEMENT Comes now Christopher Ward, a duly authorized law enforcement officer serving on the City of Milton, Georgia Police Department (hereinafter "Ward") and the City of Milton, Georgia (hereinafter "City") and, based upon the mutual exchange of good and valuable consideration, the receipt and sufficiency of which are acknowledged by the signatures affixed below, do hereby agree to the following special terms and conditions based upon Ward's function as the Milton Police Department (hereinafter "Department") canine handler. TERMS AND CONDITIONS Modification of this Agreement. If, during the term of the Agreement, the parties should mutually agree to modify, amend, or alter the provisions of this Agreement in any respect, any such change shall be effective only if and when reduced to writing and executed by the authorized representatives of the parties using the same formalities as were used in approving this Agreement. 2. Establishment of a canine program. The Department has implemented a canine program as part of the law enforcement function of the Department. The Department has assigned the canine duties to Officer Ward ("Canine Officer"). The Department reserves the right to discontinue such assignment, discontinue the program, or reassign such duties to another Departmental employee as determined in the discretion of the Chief of Police. Should a discontinuation or reassignment occur, Officer Ward agrees to turn over all materials, equipment and the canine to the Department, as the Department will remain the sole owner of all property, equipment, and supplies utilized in the canine program. 3. Canine supplies. The Department agrees to fund and make available food and/or other equipment necessary for the upkeep of the canine, including necessary equipment, and veterinary care. The Canine Officer is not responsible for these expenses. 4. Canine vehicle. The Department agrees to pay the cost of operating and maintaining the canine squad car as a fleet vehicle for the purpose of patrolling, training, call out, court or any use related to Department business as determined to be necessary in the discretion of the Chief of Police. Ward agrees that the canine vehicle will only be used in accord with Milton Police Department Standard Operating Procedures. 5. Compensation for canine duties. The Department agrees to compensate Officer Ward for canine care duties, consisting of feeding, exercising, training, grooming, obtaining any required veterinary care, administering medicine, and cleaning up after the police dog — with a fixed time assigned for such functions of forty (40) minutes per day. The parties to this Agreement agree that forty (40) minutes per day assigned to the dog care function is reasonable and a close approximation to the actual time that will be spent on same; and that this allocation is fair and reasonable irrespective of the time actual expended on such functions. The parties further agree that for purposes of compensation and compliance with the Fair Labor Standard Act (FLSA), these forty (40) minutes per day will be compensated as Department -directed overtime at a rate of time and a half (1.5) of straight pay irrespective of how many hours are actually worked in the pay cycle. 6. Primary functions. Officer Ward understands and agrees that his primary function is that of a City of Milton Police Officer. In addition to canine duties, Officer Ward and the Department agree that Ward must maintain acceptable performance standards. Officer Ward and the Department further agree that failure to meet such performance standards can result in reassignment of the canine and Officer Ward's removal from any and all canine responsibilities in addition to further corrective or disciplinary action in accordance with the City of Milton's Personnel Policies and the agency's SOPS. 7. Property. The canine assigned to Officer Ward remains the sole property of the Milton Police Department during its entire life and is subject to regulations and conditions which the Chief of Police deems to be in the best interest of the Department and the canine. 8. No employment contract. This Agreement shall not be construed nor is it intended to constitute an employment contract by and between Ward and the Department or the City of Milton. Nothing in this agreement withstanding, Officer Ward shall remain an employee at will and shall be subject to discipline or termination in the discretion of the Chief of Police and in accordance with the Personnel Policies of the City of Milton and of the Milton Police Department. 9. Everify. It is the policy of the parties to this Agreement that unauthorized aliens shall not be employed to perform work on contracts entered into by the City of Milton involving the physical performance of services. However, with respect to this Agreement involving an employee with Milton, the parties hereby stipulate that Officer Ward — at the time of hiring in Milton — was subject to Everify compliance as a condition of employment. Therefore, it is the position of both parties that all requirements under Everify have been satisfied. 10. 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 parties hereto agrees that, during performance of this Agreement, neither Ward nor the City nor the Department, for itself, its assignees and successors in interest, will discriminate against any employee or applicant for employment, any subcontractor, or any supplier because of race, color, creed, national origin, gender, age or disability. Christopher Ward, Officer , Chief of Police // / 9-I-? Date 11JCA -1-S Date 11 (9 13 City Manager Date Date HOME OF' ESTABLISHED 2006 COUNCIL AGENDA ITEM TO: City Council DATE: November 18, 2013 FROM: City Manager AGENDA ITEM: Consideration of RZ1 3-161VC 13-06 — Northeast Corner of Bethany Bend and Cogburn Road by Arrowhead Real Estate Partners, LLC to Rezone from AG -1 (Agricultural) to NUP (Neighborhood Unit Plan) to Develop 28 Single Family Residences at a Density of 3.08 Units Per Acre and to Request the Following Concurrent Variance: To Reduce the Interior Building Separation from 14 Feet to 10 Feet for the Entire Development [Sec. 64-921(k)]. MEETING DATE: Monday, December 2, 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 j NO CITY ATTORNEY REVIEW REQUIRED: O YES j NO APPROVAL BY CITY ATTORNEY () APPROVED () NOT APPROVED PLACED ON AGENDA FOR,- REMARKS OR: REMARKS 17- 02 13 ©' youlm PHONE: 678.242.25001 FAX: 678.242.2499. 'GI'eeln info@cityotmiltonga.us # www.cityofmiltonga.us ' Community 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 a Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on December 2, 2013 (First Presentation) 11/25/2013 Page 1 of 33 RZ13-16 VC13-06 RZ13-16/VC13-06 PROPERTY INFORMATION ADDRESS Northeast corner of Bethany Bend and Cogburn Road DISTRICT, LAND LOT 2/2 832 OVERLAY DISTRICT SR9 Overlay EXISTING ZONING AG-1 (Agricultural) PROPOSED ZONING NUP (Neighborhood Unit Plan) ACRES 9.0911 EXISTING USE undeveloped PROPOSED USE 28 Single Family Residences PETITIONER Arrowhead Real Estate Partners LLC – Curtis Hicks ADDRESS 350 Research Ct, Suite 100 Norcross, GA 30092 404-867-8279 OWNER Cogburn and Bethany LLC ADDRESS 430 Tournament Players Drive Milton, GA 30004 404-456-3195 COMMUNITY DEVELOPMENT RECOMMENDATION RZ13-16 – APPROVAL CONDITIONAL VC13-06 – APPROVAL CONDITIONAL INTENT To rezone from AG-1 to NUP (Neighborhood Unit Plan) to develop 28 single family residences at a density of 3.08 units per acre and to request the following concurrent variance: To reduce the interior building separation from 14 feet to 10 feet for the entire development(Sec 64-921(k)). Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on December 2, 2013 (First Presentation) 11/25/2013 Page 2 of 33 RZ13-16 VC13-06 PLANNING COMMISSION RECOMMENDATION – November 20, 2013 RZ13-16 – DENIAL – 6-0 VC13-06 – DENIAL – 6-0 Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on December 2, 2013 (First Presentation) 11/25/2013 Page 3 of 33 RZ13-16 VC13-06 LOCATION MAP Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on December 2, 2013 (First Presentation) 11/25/2013 Page 4 of 33 RZ13-16 VC13-06 CURRENT ZONING MAP Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on December 2, 2013 (First Presentation) 11/25/2013 Page 5 of 33 RZ13-16 VC13-06 2030 FUTURE LAND USE MAP Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on December 2, 2013 (First Presentation) 11/25/2013 Page 6 of 33 RZ13-16 VC13-06 SITE PLAN SUBMITTED ON OCTOBER 2, 2013 Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on December 2, 2013 (First Presentation) 11/25/2013 Page 7 of 33 RZ13-16 VC13-06 REVISED SITE PLAN SUBMITTED ON NOVEMBER 12, 2013 Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on December 2, 2013 (First Presentation) 11/25/2013 Page 8 of 33 RZ13-16 VC13-06 GRADING PLAN SUBMITTED NOVEMBER 18, 2013 Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on December 2, 2013 (First Presentation) 11/25/2013 Page 9 of 33 RZ13-16 VC13-06 EXISTING SPECIMEN TREE SURVEY Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on December 2, 2013 (First Presentation) 11/25/2013 Page 10 of 33 RZ13-16 VC13-06 LANDSCAPE/BUFFER / FENCE DETAIL RECEIVED ON NOVEMBER 13, 2013 Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on December 2, 2013 (First Presentation) 11/25/2013 Page 11 of 33 RZ13-16 VC13-06 Proposed Architecture submitted on November 13, 2013 Proposed Architecture submitted on November 13, 2013 Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on December 2, 2013 (First Presentation) 11/25/2013 Page 12 of 33 RZ13-16 VC13-06 Proposed Architecture submitted on November 13, 2013 LOOKING AT SUBJECT SITE FROM THE SOUTH Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on December 2, 2013 (First Presentation) 11/25/2013 Page 13 of 33 RZ13-16 VC13-06 LOOKING AT SUBJECT SITE FROM THE SOUTH Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on December 2, 2013 (First Presentation) 11/25/2013 Page 14 of 33 RZ13-16 VC13-06 LOOKING WEST FROM SUBJECT SITE SUBJECT SITE The subject site contains 9.09 acres. The parcel is undeveloped with AG-1 zoning. A total of 28 single family residences are proposed. The applicant is requesting a rezoning to NUP (Neighborhood Unit Plan District) to build 28 single family residences at an overall density of 3.08 units per acre. HISTORY AND BACKGROUND Prior to the current request for 28 single family homes, the applicant submitted a prior plan pursuant to RZ12-17 for an assisted living facility and single family homes. The applicant withdrew the application to allow time for Staff to begin the Highway Nine North Visioning Study to further study the subject site as well as properties along Hwy 9 north of Bethany Bend. The Highway Nine North Visioning Study held the first meeting on February 6, 2013. After further evaluation of the situation, there was a need for a more detailed study of the subject site to help determine what types of uses would be Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on December 2, 2013 (First Presentation) 11/25/2013 Page 15 of 33 RZ13-16 VC13-06 appropriate. The City retained Dr. Michael Elliott of the Southeast Negotiation Network. Dr. Elliott interviewed members of the Stakeholders Committee which consisted of adjacent and nearby neighbors as well as the subject site’s owners. After these interviews, there were four meetings held to discuss and mediate a solution for the site. At the August 21, 2013 meeting, a consensus was agreed upon with the majority of the stakeholder members to develop the property with 28 single family residences. Staff held a technical meeting on September 19, 2013 for the stakeholders, developer, and property owners to discuss technical issues on the site. To help facilitate the discussion, the Public Works Director was present to answer questions regarding transportation and hydrology issues. The next step in the process was implementation. There were two paths that could take place. The first would be to wait for the Highway Nine North Study to be completed and then the subsequent Form Base Code created for the study area. This was estimated to take 6 to 9 months to complete. The alternative path would be to have the property owner/developer submit a rezoning plan based on the agreed upon use and density. Thus, the site plan submitted to the Community Development Department on October 2, 2013 was based on the discussions and agreement with the stakeholders. Subsequent to that site plan, a revised site plan was submitted on November 12, 2013 that reflected a minor change to the shape and location of the stormwater facility along the northeastern portion of the site based on more detailed study of the hydrology of the site. A grading plan was also submitted on November 18, 2013 to reflect this change. Staff has included the report from the August 21, 2013 stakeholders meeting and Technical Meeting on September 19, 2013 at the end of the Staff report, which outlines the agreed upon use, density and other conditions for the site. SITE PLAN ANALYSIS Based on the applicant’s revised site plan submitted to the Community Development Department on November 12, 2013, Staff offers the following considerations: Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on December 2, 2013 (First Presentation) 11/25/2013 Page 16 of 33 RZ13-16 VC13-06 DEVELOPMENT STANDARDS – SEC. 64-897 - NUP (Neighborhood Unit Plan) Development Standards Proposed Development No building shall exceed 40 feet in height 40 feet Minimum lot area – 4,000 square feet Exceeds the minimum. 4,750 square feet. Minimum NUP development size shall be four acres and Maximum size is twelve acres. The NUP development size is 9.0911 acres Maximum density allowed is 5 units per gross acre The density of the subject site is 3.08 units per acre Minimum lot width (at building line) none or as per conditions 47 feet as per Plan Minimum NUP development frontage shall be 20 feet adjoining a street Exceeds the minimum Minimum lot frontage shall be 20 feet adjoining a street 45 Feet Minimum heated floor area 1,000 Square feet 2,400 square feet as shown on the revised site plan received on November 12, 2013. Staff notes that during discussions with the community, the applicant stated that the house size would be approximately 2,800 square feet in size. Therefore, Staff will include the larger size in the Recommended Conditions. Minimum perimeter setback 40 feet adjacent to AG-1 Exceeds the minimum Minimum interior building separation is 14 feet 10 feet – Please see Concurrent Variance discussed below The following are proposed building setbacks and development standards for individual lots (NUP allows for applicant to specify building setbacks): a) Front yard setback – 20 feet b) Side yard setback – 5 feet c) Side yard setback adjacent to a street – 10 feet d) Rear yard- 20 feet e) Perimeter setback adjacent to AG-1 - 75 feet Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on December 2, 2013 (First Presentation) 11/25/2013 Page 17 of 33 RZ13-16 VC13-06 f) Landscape strips along Bethany Bend – 20 feet VC13-06 – Reduce the minimum building separation from 14 feet to 10 feet. The applicant is requesting this concurrent variance in order to develop the property in such a way to provide for the 75 foot undisturbed buffer and the 130 foot park. The buffer and park area provide additional transition from the proposed higher density residential to Oakstone Glen subdivision developed on minimum one acre lots. It is Staff’s opinion that by reducing the separation by 4 feet would not offend the spirit or intent of the zoning ordinance. Secondly, the 75 foot undisturbed buffer and park area consisting of over one acre are conditions pertaining to this particular piece of property that create an unnecessary hardship due to these requirements. Thirdly, if this reduction is granted, it would not cause a substantial detriment to the public good and surrounding properties based on the fact that the homes are oriented away from other developed lots. Lastly, the requested 10 feet separation is in compliance with City regulations regarding building code and public safety, health and welfare are secured. Therefore, it is Staff’s opinion that the proposed request for a concurrent variance to reduce the minimum building separation from 14 to 10 feet should be APPROVED CONDITIONAL. LANDSCAPE STRIPS AND BUFFERS Sites developed with single family residential are not required to provide for landscape strips and buffers. The proposed plan provides for a 20 foot landscape strip along Bethany Bend and Cogburn Road. In addition, a 75 foot natural undisturbed buffer and 10 foot improvement setback are provided along the north property line, except where the stormwater facility is located at the northeast corner of the property. The intent of this buffer is to provide a separation and screening to the Oakstone Glen subdivision. This buffer while it is intended to be undisturbed, where needed, additional plantings may be planted and will require the approval of the City Arborist. In addition, the proposed stormwater faclitiy is located within the undisturbed buffer. These requirements will be reflected in the Recommended Conditions. Staff notes that the applicant has designed their stormwater facility so as not to require a fence and 20 foot landscape strip around the entire facility. There may be a need for a fence where a portion of the facility may contain a wall on a small portion of the facility. The applicant has stated that it will be natural in appearance. Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on December 2, 2013 (First Presentation) 11/25/2013 Page 18 of 33 RZ13-16 VC13-06 OTHER SITE PLAN CONSIDERATIONS Pursuant to Sec 64-2392, the Zoning Ordinance requires sidewalks which shall be constructed in accordance with the Department of Public Works standard plan which requires sidewalks on both sides of the street. Within the City Code, Chapter 50, Subdivisions, it is required that sidewalks within residential subdivisions be a minimum of 5 feet in width with a minimum 2 foot beauty strip between the sidewalk and the curb. The site plan meets this requirement. In addition, the site plan shows compliance with the required Milton Trail along Bethany Bend and Cogburn Road. For this area of the City, the requirement is a 10 foot wide sidewalk. The applicant has agreed to relocate the existing above ground power line servicing 13695 Cogburn Road underground with a power easement and provide a power pole to service 13695 Cogburn Road. A condition to reflect this requirement is included in the Recommended Conditions. An equestrian style fence wrapped with hog wire with a maximum height of eight (8) feet will be required along the north property line or as needed to avoid specimen trees. A condition to reflect this requirement is included in the Recommended Conditions. ENVIRONMENTAL SITE ANALYSIS The Environmental Site Analysis (ESA) report is sufficient and satisfies the requirement of Section 64.2126. A field survey of the site was conducted by Staff to verify areas addressed in the ESA report. The proposed site does not contain wetlands, a stream, historical sites or sensitive plant and animal species. Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on December 2, 2013 (First Presentation) 11/25/2013 Page 19 of 33 RZ13-16 VC13-06 FULTON COUNTY BOARD OF EDUCATION Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on December 2, 2013 (First Presentation) 11/25/2013 Page 20 of 33 RZ13-16 VC13-06 FINANCIAL MODELING RESULTS Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on December 2, 2013 (First Presentation) 11/25/2013 Page 21 of 33 RZ13-16 VC13-06 CITY ARBORIST  Undisturbed buffer to be planted where sparsely vegetated.  Tree Protection/Landscape Plan required meeting the Tree Preservation Ordinance at the time of Land Disturbance Permit application.  Plan showing recompense tree replacement for specimen trees to be removed. (For required trees that site will not accommodate, dollar amount determined by city arborist will be placed into the city tree fund.)  Recompense calculations: To Be Removed Unit Value 31” Oak 15.6 39” Oak 24.9 29” Magnolia 13.8 54.3 units 4” Recompense tree = 0.7 units each 54.3/0.7 = 76 - 4” trees required to be planted on site or in lieu of planting, dollar amount to the city tree fund @ $500.00 per tree. Recompense trees will be in addition to trees required by zoning or conditions. FIRE MARSHAL After review by the Fire Marshal, there were no comments. PUBLIC WORKS DEPARTMENT • Current Site Plan does not include the following items: • 5’ landscape strip between sidewalk and curb • ROW at least 1’ behind sidewalk • Westbound right turn lane at new access driveway • No area for cross-access easement • Houses on east end of project may need to shift north to accommodate right of way reservation Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on December 2, 2013 (First Presentation) 11/25/2013 Page 22 of 33 RZ13-16 VC13-06 PUBLIC INVOLVEMENT On October 29, 2013 the applicant was present at the Community Zoning Information Meeting (CZIM) held at the Milton City Hall. There were two people from the community in attendance. One of the residents was concerned about the number of homes being proposed and distance between the homes. The other resident did not have any specific comments. PUBLI C PARTICIPATION REPORT The applicant held their Public Participation meeting on Thursday, November 07, 2013 and submitted their report within the required time prior to the Planning Commission Meeting. There were six members of the community present at the meeting. The following concerns were expressed regarding the proposed development:  The size, elevation, price point and location of the homes to be built.  The design of the park space on the corner.  Any required easements.  The location and size of the detention pond. The applicant made the following response to issues and concerns:  Photos of existing homes in the City of Milton were provided.  The developer is having a landscape design created for the green space.  The pond is being located and sized to create a minimum of impact on adjoining properties. CITY OF MILTON DESIGN REVIEW BOARD COURTESY REVIEW – November 5, 2013  Concerned about the density of the development.  Supports sidewalk along Bethany Bend.  Porches should be a minimum of 8’ wide.  The reality is that the subdivision will not only cater to empty nesters; there will be families with kids.  Share the project at the Highway 9 meeting was to be held on November 6, 2013. Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on December 2, 2013 (First Presentation) 11/25/2013 Page 23 of 33 RZ13-16 VC13-06 Standards of Review (Section 64-2104) Planning Staff shall, with respect to each zoning application, investigate and make a recommendation with respect to factors 1 through 7, below, as well as any other factors it may find relevant. 1. Whether or not the proposal will permit a use that is suitable in view of the use and development of adjacent and nearby Property? The proposed subdivision developed at a density of 3.08 units per acre provides a transition from the south where Cambridge High School is located to the north where the Oakstone Glen Subdivision and other scattered single family residences are located and developed with minimum one acre lots. To the southwest, Kings Ridge Christian School is located in the City of Alpharetta which also impacts the subject site. In addition, the 75 foot undisturbed natural buffer is located on the north to further ameliorate the proposed 28 lots. Lastly, the 130 foot greenway/passive park along the west property line will appear as a more natural view from Coburn Road. It is Staff’s opinion that the proposed use is suitable with adjacent and nearby developments and zonings if approved with Staff’s recommended conditions that reflect the undisturbed natural buffer and greenway/passive park. Existing uses and zoning of nearby property (See Map following table) Location Parcel / Zoning Petition Zoning / Name Approved Density/Min. Heated Floor Area North 1 AG-1 (Agricultural) Oakstone Glen Subdivision Min. 1 unit/acre Northeast 2 Z00-052 C-1 (Community Business) Kids “R” Kids Learning Center 4,771.25 square feet/acre Total of 14,600 total square feet with 240 students Farther North 3 AG-1 (Agricultural) Scattered homes Min. 1 unit/acre East 4 Z04-022 C-1 (Community Business) Retail Shopping Center 7,314.03 square feet/acre Southeast 5 Z99-77 C-1 (Community Business) Retail Shopping Center 7,846.04 square feet/acre South 6 05Z-115 CUP (Community Unit Plan) Cambridge High School 2.98 units/acre Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on December 2, 2013 (First Presentation) 11/25/2013 Page 24 of 33 RZ13-16 VC13-06 Southwest In Alpharetta 7 (AG-1) 05U-002 AG-1 (Agricultural) Kings Ridge Christian School 4,872.13 square feet per acre Total of 341,000 square feet West 8 AG-1 (Agricultural) Scattered residential Min. 1 unit/acre Northwest 9 R-2A (Residential) Scattered residential Min. 1 unit/acre Further Northwest 10 AG-1 (Agricultural) Devonshire Farms Subdivision Min. 1 unit/acre Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on December 2, 2013 (First Presentation) 11/25/2013 Page 25 of 33 RZ13-16 VC13-06 Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on December 2, 2013 (First Presentation) 11/25/2013 Page 26 of 33 RZ13-16 VC13-06 2. Whether or not the proposal will adversely affect the existing use or usability of adjacent or nearby property? It is Staff’s opinion that the proposal will have a minimal effect on the existing use or usability of the adjacent properties as described above if approved with the Recommended Conditions for 28 lots, 75 foot undisturbed buffer and an 130 foot wide park along Cogburn Road. 3. Whether the property to be affected by the proposal has a reasonable economic use as currently zoned? The subject site may have a reasonable use currently zoned AG-1 (Agricultural). 4. Whether the proposal will result in a use which will or could cause an excessive or burdensome use of existing streets, transportation facilities, utilities or schools? The applicant will be required to provide the transportation improvem ents listed in the Recommended Conditions. These improvements will help ameliorate the increased amount of traffic created by the proposed development. Based on the estimated enrollment numbers both Summit Hill and Cambridge High School have room for additional students while Hopewell Middle School is over capacity. 5. Whether the proposal is in conformity with the policies and intent of the land use plan? Proposed use/density: Single Family Residential at 3.08 units per acre Although the City of Milton 2030 Future Land Use Plan recommends Agricultural, Equestrian, Estate Residential on the site, it is Staff’s opinion that the proposed development provides an appropriate transition from the high intensity institutional use to the south, Cambridge High School, to the single family one acre lots to the north. In addition, the 2030 Future Land Use Plan recommended the following policy for the area: “Creating a Master Plan for the Highway 9 Corridor including Bethany Bend is a high priority for the community, and it is strongly Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on December 2, 2013 (First Presentation) 11/25/2013 Page 27 of 33 RZ13-16 VC13-06 recommended that development occur in this area only after the Master Plan has been adopted.” Staff notes that the owner and the applicant of the property has chosen the path of applying for a rezoning based on the negotiations discussed below instead of waiting for the Highway 9 North Visioning Study to be completed. Over the past months beginning in February, 2013, Staff has worked with the community as a whole and special interest areas to develop the Highway 9 North Visioning Study. The subject site is within the area to be evaluated. Staff has hosted several meetings with the Stakeholders of this Bethany Bend/Cogburn Road area and a professional mediator to assist the Staff in providing a land use recommendation for the subject site. The end result of the mediation with the Stakeholders and the property owner is the proposed 28 lot single family subdivision. 6. Whether there are other existing or changed conditions affecting the use and development of the property which gives supporting grounds for either approval or disapproval of the proposal? Since the adoption of the 2030 Future Land Use Plan, property to the south which was zoned for single family residential at a density of 2.98 units per acre, Fulton County Board of Education built Cambridge High School and associated uses. In addition, Kings Ridge Christian School located i n Alpharetta to the southwest was approved for a total of 341,000 square feet. These large institutional uses affect the future use and development of the subject site. It is Staff’s opinion that the proposed 28 single family residential development would provide an appropriate transition from the south and southwest to the north of the subject site where Oakstone Glen Subdivision and homes further north are developed with one acre lots. 7. Whether the zoning proposal will permit a use which can be considered environmentally adverse to the natural resources, environment and citizens of the City of Milton? The proposed use will not be environmentally adverse to the natural resources, environment and citizens of the City if developed with the recommended conditions. It is Staff’s opinion that the proposal will not adversely affect existing use or usability of the adjacent properties as described above. The proposed Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on December 2, 2013 (First Presentation) 11/25/2013 Page 28 of 33 RZ13-16 VC13-06 development provides a transition between the existing densities and uses. CONCLUSION Although the proposed request from AG-1 (Agricultural) to NUP (Neighborhood Unit Plan developed at 3.08 units per acre is not consistent with the City of Milton 2030 Comprehensive Plan Map designation of Agricultural, Equestrian, and Estate Residential, it provides an appropriate transition from Cambridge High School to the south to single family residential developments developed at one unit per acre. In addition, the 75 foot undisturbed buffer along the north property line and a park with over one acre provides additional buffering and transition for the area. Therefore, Staff recommends APPROVAL CONDITIONAL of RZ13-16 and VC13-06 to rezone from AG-1(Agricultural) to NUP (Neighborhood Unit Plan). Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on December 2, 2013 (First Presentation) 11/25/2013 Page 29 of 33 RZ13-16 VC13-06 RECOMMENDED CONDITIONS If this petition is approved by the Mayor and City Council, the rezoning of property located on Bethany Bend Road with a frontage of approximately 1,371 feet should be approved for NUP (Neighborhood Unit Plan) CONDITIONAL subject to the owner’s agreement to the following enumerated conditions. Where these conditions conflict with the stipulations and offerings contained in the Letter of Intent, these conditions shall supersede unless specifically stipulated by the Mayor and City Council. 1) To the owner’s agreement to restrict the use of the subject property as follows: a) Single family detached dwellings and accessory uses and structures. b) No more than 28 total dwelling units at a maximum density of 3.08 units per acre, whichever is less, based on the total acreage zoned. Approved lot/units totals are not guaranteed. The developer is responsible through site engineering (at the time of application for a Land Disturbance Permit) to demonstrate that all lots/units within the approved development meet or exceed all the development standards of the City of Milton. The total lot/units yield of the subject site shall be determined by this final engineering. 2) To the owner’s agreement to abide by the following: a) To the revised site plan received by the Community Development Department on November 12, 2013. Said site plan is conceptual only and must meet or exceed the requirements of the Zoning Ordinance, all other applicable City ordinances and these conditions prior to the approval of a Land Disturbance Permit. Unless otherwise noted herein, compliance with all conditions shall be in place prior to the issuance of the first Certificate of Occupancy. b) All areas which are not part of an individual lot and held in common shall be maintained by a mandatory homeowners association, whose proposed documents of incorporation shall be submitted to the Director of Community Development for review and approval prior to the recording of the first final plat. Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on December 2, 2013 (First Presentation) 11/25/2013 Page 30 of 33 RZ13-16 VC13-06 3) To the owner’s agreement to the following site development considerations: a) Minimum lot size – 4,750 square feet b) Maximum building height – 40 feet c) Minimum lot width– 47 feet d) Minimum lot frontage – 45 feet e) Minimum heated floor area per units – 2,800 square feet f) Minimum front yard setback – 20 feet g) Minimum side yard setback adjacent to street– 10 feet h) Minimum side yard setback– 5 feet i) Minimum rear yard setback- 20 feet j) Minimum interior building separation – 10 feet (VC13-06) k) Provide a 20 foot wide landscape strip along Bethany Bend and Cogburn Road interior to the 10 foot Milton Trail, landscape design along Bethany Bend and Cogburn Road shall be substantially consistent with the renderings submitted to the Community Development Department on November 13, 2013 or as approved by the Community Development Director with assistance from the City Architect. i) Provide an equestrian style, four or five board fence not to exceed 55 inches in height interior to the Milton Trail. ii) Provide a minimum five (5) foot pervious walkway along the front of homes adjacent to Bethany Bend Road (interior to equestrian fence) and provide interconnectivity with the Milton Trail as approved by the Community Development Director. l) Construction and design of residential structures shall be substantially consistent with the photos submitted to the Community Development Department on November 13, 2013 or as approved by the Community Development Director with assistance from the City Architect. All single family residential structures will be reviewed and approved by the Community Development Director with assistance from the City Architect. m) All front porches shall be a minimum of eight (8) feet in depth. n) All structures located on a corner shall provide additional architectural design of elevations facing the secondary street/driveway as approved by the Community Development Director with assistance from the City Architect. Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on December 2, 2013 (First Presentation) 11/25/2013 Page 31 of 33 RZ13-16 VC13-06 o) Provide a 75 foot undisturbed natural buffer along the north property line as depicted on the revised site plan submitted on November 12, 2013 except for the proposed stormwater facility. In addition, where necessary provide additional plantings in the buffer as approved by the City Arborist. p) Provide a maximum eight (8) foot equestrian style fence wrapped with hog wire along the north property line or as needed to avoid specimen trees. q) The subject site shall not be allowed to be a “sending” or “receiving” area for “Transfer of Development Rights. r) Grading shall be limited to areas shown on the grading plan received by the Community Development Department on November 18, 2013. 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 10 foot concrete trail and 5 foot landscape strip behind back of curb along entire property frontage of Bethany Bend 1) Proposed right-of-way shall be located no closer than one foot behind the back of sidewalk ii. Installation/modification of the following transportation infrastructure according to Chapter 48 Streets, Sidewalks and Other Public Places of the City of Milton Code of Ordinances : 1) West Bound Right Turn Lane on Bethany Bend at Cogburn Road a. Modification to signal mast arm (match existing in like kind) at northeast corner intersection to accommodate turn lane and sidewalk improvements 2) East Bound Left Turn Lane on Bethany Bend at new Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on December 2, 2013 (First Presentation) 11/25/2013 Page 32 of 33 RZ13-16 VC13-06 access drive 3) West Bound Right Turn Lane on Bethany Bend at new access drive b) Provide a 50 foot wide cross-access easement free of any structures or above ground utilities for future vehicular and pedestrian inter-parcel access on the east property line as required and approved by the City of Milton Public Works Department. c) Reserve for the City of Milton, sufficient land as necessary to provide for compliance with the Comprehensive Transportation Plan and the proposed intersection improvement project PI 0012625 SR 9 at Bethany Bend. Reservation shall be approved by City of Milton Public Works Department. d) The 130 foot wide greenway/passive park along Coburn Road shall remain undeveloped with residential structures and be included as “Common Area” in the final plat. In addition, the future owner shall make the “Common Area” a permanent conservation easement. e) Apply deed restrictions to the “Common Area” preventing future sewer easements through said property. f) Relocate above ground power line to an underground easement and new power pole to service 13965 Cogburn Road. 5) To the owner’s agreement to abide by the following: a. The stormwater management facilities shall utilize earthen embankments, where possible. Walled structures are not encouraged. If walled structures are proposed, they must meet the acceptable design standards of the City of Milton Department of Community Development and the Department of Public Works. i. Where side slopes for stormwater management facility are steeper than 4:1 the facility shall have a six foot high, five- board equestrian style fence with two inch by four inch welded wire constructed around it, or equivalent as may be approved by the City of Milton Public Works Departmen t. b. Owner shall be required to develop a stormwater management plan to maintain water quality and rate of runoff Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on December 2, 2013 (First Presentation) 11/25/2013 Page 33 of 33 RZ13-16 VC13-06 to protect neighboring persons and property from damage or loss resulting from excessive stormwater runoff, pollution, soil erosion or deposition upon private property or public streets or water transported silt and debris. Owner shall be required to have an approved stormwater concept plan prior to submission of a land disturbance permit application. HOME OF' IM I LTO Nft ESTABL[SHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: November 18, 2013 FROM: City Manager AGENDA ITEM: Consideration of U13 -03/U13-07 — 13440 Cog burn Road by St. Francis Day School, Inc. for a Use Permit (Sec. 64-1831) to Increase the Area of the School and the Total Square Footage from 92,616 Square Feet to 109,116 Square Feet that Includes a Practice Gym and Two Maintenance Buildings. A Two -Part Concurrent Variance for the Following: 1) Buildings Shall be Set Back More Than 30 Feet from the Edge of the Required Landscape Strip or Easements [Sec. 64-1145(3)(b)]. 2) Buildings Shall Not be Oriented to a Public Street [Sec. 64-1145(2)(a)]. MEETING DATE: Monday, December 2, 2013 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: XAPPROVED O NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: () YES (XNO CITY ATTORNEY REVIEW REQUIRED: () YES �) NO APPROVAL BY CITY ATTORNEY () APPROVED () NOT APPROVED PLACED ON AGENDA FOR. 17-02-1-3 REMARKS ! © Youlm PHONE: 678.242.25001 FAX: 678.242.2499 Gireeli1 info@cityofmiltonga.us I www.cityofmiltonga.us Community IQ, h,�`5 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 'O Prepared by the Community Development Department for the Mayor and City Council Meeting on December 2, 2013 (First Presentation) 11/25/2013 U13-03/VC13-07 Page 1 of 15 PETITION NUMBERS U13-03/VC13-07 ADDRESS 13440 Cogburn Road DISTRICT, LAND LOT 2/2, 967, 968, 977, 978 OVERLAY DISTRICT Northwest Fulton Overlay EXISTING ZONING AG-1 (Agricultural) and Use Permit for Private School and Recreational Fields PROPOSED USE PERMIT Private School (Sec 64-1831) ACRES 41.797 EXISTING USE Private School, Recreational Fields and Associated Structures PROPOSED USE Private School and Associated Structures OWNER/PETITIONER St. Francis Day School, Inc. Drew Buccellato, Headmaster ADDRESS 9375 Willeo Road Roswell, GA 30075 REPRESENTATIVE Dan Wintermeyer Urban Engineers, Inc. ADDRESS 1904 Monroe Drive, N.E. Suite 100 Atlanta, GA 30324 COMMUNITY DEVELOPMENT DEPARTMENT RECOMMENDATION U13-03- APPROVAL CONDITIONAL VC13-07 – PARTS 1 AND 2 – APPROVAL CONDITIONAL PLANNING COMMISSION RECOMMENDATION – NOVEMBER 20, 2013 U13-03- APPROVAL CONDITIONAL – 6-0 VC13-07 – PARTS 1 AND 2 – APPROVAL CONDITIONAL 6-0 A Use Permit to increase the area of the school and the total square footage from 92,616 square feet to 109,116 square feet that includes a practice gym and two maintenance buildings (Sec. 64-1831) and a two part concurrent variance for the following: 1) Buildings shall not be set back no more than 30 feet from the edge of the required landscape strip or easements (Sec 64-1145(3)(b)). 2) Buildings shall not be oriented to a public street (Sec 64- 1145 (2)(a)). Prepared by the Community Development Department for the Mayor and City Council Meeting on December 2, 2013 (First Presentation) 11/25/2013 U13-03/VC13-07 Page 2 of 15 LOCATION MAP Prepared by the Community Development Department for the Mayor and City Council Meeting on December 2, 2013 (First Presentation) 11/25/2013 U13-03/VC13-07 Page 3 of 15 Existing Zoning Map Prepared by the Community Development Department for the Mayor and City Council Meeting on December 2, 2013 (First Presentation) 11/25/2013 U13-03/VC13-07 Page 4 of 15 Future Land Use Map Prepared by the Community Development Department for the Mayor and City Council Meeting on December 2, 2013 (First Presentation) 11/25/2013 U13-03/VC13-07 Page 5 of 15 SITE PLAN SUBMITTED– SEPTEMBER 3, 2013 Prepared by the Community Development Department for the Mayor and City Council Meeting on December 2, 2013 (First Presentation) 11/25/2013 U13-03/VC13-07 Page 6 of 15 REVISED SITE PLAN SUBMITTED – NOVEMBER 11, 2013 Prepared by the Community Development Department for the Mayor and City Council Meeting on December 2, 2013 (First Presentation) 11/25/2013 U13-03/VC13-07 Page 7 of 15 REVISED SITE PLAN SUBMITTED – NOVEMBER 19, 2013 (Parking adjustment) Prepared by the Community Development Department for the Mayor and City Council Meeting on December 2, 2013 (First Presentation) 11/25/2013 U13-03/VC13-07 Page 8 of 15 SUBJECT SITE: The site consists of 41.797 acres developed as the St. Francis High School which was originally approved for a Use Permit for a Private School in 1997 pursuant to U97-062/VC97-247 for a maximum of 600 students and a Use Permit for Recreational Fields in 2002 pursuant to U02-033. Recently the school acquired a single family residence on the southern end of the subject site adjacent to Cogburn Road. In addition, the applicant is requesting to increase the area of the school and the total square footage from 92,616 square feet to 109,116 square feet to include a practice gym and two maintenance buildings. The request does not include any additional students. SITE PLAN ANALYSIS Based on the applicant’s revised site plan submitted to the Community Development Department on November 19, 2013, Staff offers the following considerations: School, private or special - Standards for Use Permit (Section 64-1831) Required Standard Meets the Standard 1) Minimum lot area shall be one acre. Yes 2) If located adjacent to a single-family dwelling district or AG-1 district used for single-family dwellings, the minimum landscape strips, buffers, and improvement setbacks required for the O-I district as specified in article III of this zoning ordinance shall be required. Yes, see NW Overlay Requirements below 3) Buildings, and refuse areas shall not be located within 100 feet of a residential district or AG-1 district used for single-family dwellings. Yes 4) Active outdoor recreation areas shall not be located within 100 feet of an adjoining residential district or use. Recreational fields, such as playing fields, that are accessory to the school do n ot require a separate use permit. Yes 5) Day care facilities in association with the school do not require a separate use permit. Not Applicable Par 6) Parking areas shall not be located within 50 feet of any residential district or AG-1 district used for single-family dwellings. Yes Prepared by the Community Development Department for the Mayor and City Council Meeting on December 2, 2013 (First Presentation) 11/25/2013 U13-03/VC13-07 Page 9 of 15 7) Student dropoff and vehicular turnaround facilities shall be provided on the site so that vehicles may re-enter the public street in a forward manner. Yes 8) Permitted curb cut access shall not be from a local street. Yes 9) In accordance with section 64-2131, submit a noise study report as required. Not Applicable Northwest Fulton Overlay District (Chapter 64, Division 6) The applicant is requesting the following two concurrent variances to the Northwest Fulton Overlay District: VC13-07 – Part 1 - Buildings shall be set back no more than 30 feet from the edge of the required landscape strip or easements (Sec 64-1145(3)(b)). The proposed new buildings are accessory buildings to be used for storage, locker rooms, and a practice gym, and therefore should not be required to be set back no more than 30 feet from the edge of the required landscape strip or easement. It is Staff’s opinion that the Northwest Fulton Overlay’s intent was not to require these ancillary buildings to a primary use, such as a private school , to be placed less than 30 feet from the edge of the landscape strip or easement. This placement would inadvertently give prominence to these ancillary buildings. By granting this variance, it would not offend the spirit or intent of the zoning ordinance. Secondly, based on the fact that this requirement if strictly applied, would create an unnecessary hardship because of an extraordinary situation not caused by the applicant. Thirdly, relief if granted would not cause a substantial detriment to the public good and surrounding properties. Lastly, the public safety, health and welfare are secured and substantial justice is done. Therefore, Staff recommends APPROVAL CONDITIONAL OF VC13-07 – PART 1. VC13-07 – Part 2 – Buildings shall not be oriented to a public street (Sec 64- 1145(2)(a)) The proposed new buildings are accessory buildings to be used for storage, locker rooms, and a practice gym and therefore should not be required to be oriented to a public street. It is Staff’s opinion that the Northwest Fulton Overlay’s intent was not to require these ancillary buildings to a primary use , such as a private school, to be oriented to a public street giving prominence to these ancillary buildings. By granting this variance, it would not offend the spirit or intent of the zoning ordinance. Secondly, based on the fact that this requirement, if strictly applied, would create an unnecessary hardship because of extraordinary situation not caused by the applicant. Thirdly, relief if granted would not cause a substantial detriment to the public good and surrounding Prepared by the Community Development Department for the Mayor and City Council Meeting on December 2, 2013 (First Presentation) 11/25/2013 U13-03/VC13-07 Page 10 of 15 properties. Lastly, the public safety, health and welfare are secured and substantial justice is done. Therefore, Staff recommends APPROVAL CONDITIONAL OF VC13-07 – PART 2. City Arborist Comments: The proposed expansion will not impact any specimen trees. Public Works Department The stormwater pond should be outside the required easement area. 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, steep slopes, historical sites or sensitive plant and animal species. The site does contain a perennial stream, wetlands and floodplain. The proposed development will not have any impact on the stream, wetlands or floodplain. Public Involvement Community Zoning Information Meeting On September 24, 2013 the applicant was present at the Community Zoning Information Meeting held at the Milton City Hall. One resident, the property owner to the south of the subject site, was in attendance. The original plan indicated a storage building adjacent to resident’s property. Since that time, the revised site plan has relocated the building away from his property. City of Milton Design Review Board Meeting Courtesy Review – October 1, 2013 The following comments were made at the meeting:  The DRB considers the school to be a good neighbor. Proposed additions would not produce a significant change. Public Participation Plan and Report The applicant has met the requirements of the Public Participation Plan. The applicant submitted the first Plan Report on October 15, 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 26, 2013 at 7:00 p.m. at the school library. There was no one in attendance. The applicant did speak to Mr. Edward Bachman on September 30, 2013 in which he expressed his concern regarding Prepared by the Community Development Department for the Mayor and City Council Meeting on December 2, 2013 (First Presentation) 11/25/2013 U13-03/VC13-07 Page 11 of 15 the location of the garages. In response, a revised site plan was submitted to relocate the garages away from Mr. Bachman’s home. 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 City of Milton 2030 Comprehensive Plan recommends the subject site as Agricultural, Equestrian, and Estate Residential. Private schools are an appropriate use within this land use category. 2. Compatibility with land uses and zoning districts in the vicinity of the property for which the use permit is proposed: The subject site is bound on three sides, with the exception of a single family residence on a portion of the south property line, to institutional uses. To the south and west is Cogburn Woods Elementary and to the north is the City of Alpharetta North Park. Further to the west is a single family subdivision within the City of Milton. 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 building placement and building orientation as required by the Northwest Fulton Overlay District but the applicant is requesting a two part concurrent variance to ask for relief of these standards. 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 will not negatively affect the streets and transportation facilities, utilities, and schools. 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: Prepared by the Community Development Department for the Mayor and City Council Meeting on December 2, 2013 (First Presentation) 11/25/2013 U13-03/VC13-07 Page 12 of 15 Number of Classrooms Ratio Number Spaces Required 36 10 per classroom 360 363 Provided Staff notes the proposed 4 new parking spaces are located in the appropriate area on the site. In addition, the revised site plan shows a total of 363 spaces provided. This is sufficient to meet the parking requirements. 6. The amount and location of open space; The site contains a sufficient amount of open space based on the site plan submitted. 7. Protective Screening; The site has the appropriate protective screening as required by the Zoning Ordinance or has previously been granted concurrent variances to reduce screening adjacent to other institutional uses zoned AG-1. 8. Hours and manner of operation; Normal school hours are between 8:30 a.m. and 3:00 p.m., Monday through Friday. Practice for various sports occurs up to 6:30 p.m., Monday through Friday. There are also Friday night football games throughout the season. 9. Outdoor lighting; The site plan does not indicate additional lighting, but existing and any future lighting shall conform to the Night Sky Ordinance. 10. Ingress and Egress to the property; There is one existing entrance and exit to the site off of Cogburn Road. Prepared by the Community Development Department for the Mayor and City Council Meeting on December 2, 2013 (First Presentation) 11/25/2013 U13-03/VC13-07 Page 13 of 15 CONCLUSION The proposed expansion for the private school is consistent with the City of Milton Future Land Use Plan Map and surrounding uses. The requested two part concurrent variance does not offend the spirit or intent of the Zoning Ordinance. Therefore, Staff recommends APPROVAL CONDITIONAL OF U13-03 AND VC13-07, PARTS 1 AND 2. Prepared by the Community Development Department for the Mayor and City Council Meeting on December 2, 2013 (First Presentation) 11/25/2013 U13-03/VC13-07 Page 14 of 15 RECOMMENDED CONDITIONS If this petition is approved by the Mayor and City Council, it should be approved for a Use Permit for a Private School (Sec 64-1831) 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) Restrict the use of the subject property to a private high school with 41 classrooms, a 19,955 square foot gymnasium, and accessory uses at an overall density of 2,370.9 gross square feet per acre zoned or a total gross floor area of 108,580 square feet, whichever is less. b) Restrict the number of students to 600. Grades shall be limited to the 9th through the 12th grade. c) Limit the height of all buildings to 2-stories or 40 feet, whichever is less (existing structures). 2) To the owner’s agreement to abide by the following: a) To the revised site plan received by the Community Development Department on November 19, 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) No more than 1 exit/entrance on Cogburn Road. b) To allow the location of a softball field and its accessory structures and a baseball field and its accessory structures in the front yard. (97VC -247 NFC) Prepared by the Community Development Department for the Mayor and City Council Meeting on December 2, 2013 (First Presentation) 11/25/2013 U13-03/VC13-07 Page 15 of 15 c) To allow proposed buildings numbered 1, 2, and 3 on the revised site plan submitted on November 19, 2013 to be set back more than 30 feet from the edge of the required landscape strip or easements. (VC13-07 – Part 1) d) To allow proposed buildings numbered 1, 2, and 3 on the revised site plan submitted on November 19, 2013 not to be oriented to a public street. (VC13-07- Part 2) 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 Business License, Land Disturbance Permit, Subdivision Plat or Certificate of Occupancy (whichever comes first), sufficient land as necessary to provide the following: i. Provide 20 foot permanent construction, maintenance, and access easement to the City of Milton adjacent to the Cogburn Rd right of way along entire property frontage for future multiuse trail . HOME OF ` ON*k ESTABLISHED 2000 CITY COUNCIL AGENDA ITEM TO: City Council DATE: November 18, 2013 FROM: City Manager AGENDA ITEM: Consideration of U13-041VC13-04 — 13895 Hopewell Road by Jeff Runner for a Use Permit to Use the Existing House and Approximately Five Acres for a Special Event Facility (Sec. 64-1812). A Four -Part Concurrent Variance for the Following: 1) To Delete the 8 Foot High Opaque Fence Along the South Property Line [Sec. 64-1812 (b)(2)]. 2) To Delete the 75 Foot Undisturbed Buffer and 10 Foot Improvement Setback Along All Property Lines [Sec. 64-1141(3)(b)]. 3) To Delete the Three Year Period Requirement [Sec. 64-1812(b)(6)]. 4) To Allow Access from a Local Street [Sec. 64-1812(b)(1)]. MEETING DATE: Monday, December 2, 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: O YES k NO CITY ATTORNEY REVIEW REQUIRED: () YES k NO APPROVAL BY CITY ATTORNEY O APPROVED O NOT APPROVED PLACED ON AGENDA FOR. f Z O Z 13 REMARKS © ' Yooln PHONE: 678.242.25001 FAX: 678.242,2499 Green V 'Certified* t�P 900 tY g j ty g c,om '1u.nity Ciryof infaC�ci ofmilton a.us www.ci ofmilton a.us E,�,; 13000 Deerfield Parkway, Suite 107 Milton GA 30004 Prepared by the Community Development Department for the Mayor and City Council Meeting on December 2, 2013 (First Presentation) 11/25/2013 U13-04/VC13-04 Page 1 of 24 PETITION NUMBERS U13-04/VC13-04 ADDRESS 13895 Hopewell Road DISTRICT, LAND LOT 2/2, 820, 837 OVERLAY DISTRICT Northwest Fulton Overlay EXISTING ZONING AG-1 (Agricultural) PROPOSED USE PERMIT Festivals or events, outdoor/indoor (Sec 64-1812) ACRES 4.697 EXISTING USE Single Family Residence, barn, and accessory structures PROPOSED USE Event Facility OWNER/PETITIONER Jeff Runner ADDRESS 75 Swan Center Drive Dawsonville, GA 30534 REPRESENTATIVE Scott Reece, Brumbelow-Reese & Associates ADDRESS 13685 Highway 9 Milton, GA 30004 COMMUNITY DEVELOPMENT DEPARTMENT RECOMMENDATION U13-04- APPROVAL CONDITIONAL VC13-04- PARTS 1 AND 3 – DENIAL VC13-04- PARTS 2 AND 4 APPROVAL CONDITIONAL A request for a Use Permit for a special event facility (Sec 64-1812) and a four part concurrent variance for the following: 1) To delete the 8 foot high opaque fence along the south property line. (Sec 64-1812(b)(2)) 2) To delete the 75 foot undisturbed buffer and 10 foot improvement setback along all property lines (Sec 64-1141 (3)(b)). 3) To delete the three year period requirement (Sec 64-1812 (b) (6)). 4) To allow access from a local street (Sec 64-1812 (b)(1)). Prepared by the Community Development Department for the Mayor and City Council Meeting on December 2, 2013 (First Presentation) 11/25/2013 U13-04/VC13-04 Page 2 of 24 PLANNING COMMISISON RECOMMENDATION – NOVEMBER 20, 2013 U13-04- APPROVAL CONDITIONAL – 6-0 VC13-04- PARTS 1, 2, AND 4 - APPROVAL CONDITIONAL 6-0 VC13-04- PART 3 – DENIAL 6-0 At the Planning Commission Meeting, there were four residents who spoke in opposition to the proposed Use Permit with the following issues: 1) The City needs to be very careful that if this event facility is approved, there would be others that will be requested in the area. 2) Oppose the use and the traffic it will produce. In addition would request that it be approved for only 100 people and that all activity cease at 10:00 pm. 3) The subject site is not a distinct tax parcel but part of another and there will be too much noise and light coming from the facility. 4) The facility would have a negative effect on the rural, low density development in the area. 5) Who would be enforcing the number of people permitted for each event? There were two residents who spoke in favor of the proposed Use Permit and stated the following: 1) They live behind the large equestrian barn. When they have had issues with the equestrian barn, the applicant has been cooperative in correcting their complaints. 2) They are in support of the request to help preserve the rural landscape in the area. 3) They are not concerned about noise or light as they can hear the Cambridge High School football games/band, and North Park games already from their backyard. After deliberations, the Planning Commission recommended the following to the Recommended Conditions and comments: 1) To approve VC13-04, Part 1, to delete the 8 foot high opaque fence with the following condition: “To delete the 8 foot high opaque fence along the south property line provided that Staff receives a letter stating support from the property owner affected.” 2) To deny VC13-04, Part 3 with the understanding that after the three year period, if the applicant has been compliant with the regulations and no Prepared by the Community Development Department for the Mayor and City Council Meeting on December 2, 2013 (First Presentation) 11/25/2013 U13-04/VC13-04 Page 3 of 24 issues pending, they can ask for the deletion of the three year limit at the renewal time. 3) To delete Condition 3.b. requesting a five foot high, equestrian style fence along the east property line for a distance of 454.33 feet, as recommended by Staff. 4) To change the number from 100 guests to 150 guests in Condition 1.c. 5) To condition that artificial noise must come from the west side of the house. Prepared by the Community Development Department for the Mayor and City Council Meeting on December 2, 2013 (First Presentation) 11/25/2013 U13-04/VC13-04 Page 4 of 24 LOCATION MAP Prepared by the Community Development Department for the Mayor and City Council Meeting on December 2, 2013 (First Presentation) 11/25/2013 U13-04/VC13-04 Page 5 of 24 Existing Zoning Map Prepared by the Community Development Department for the Mayor and City Council Meeting on December 2, 2013 (First Presentation) 11/25/2013 U13-04/VC13-04 Page 6 of 24 Future Land Use Map Prepared by the Community Development Department for the Mayor and City Council Meeting on December 2, 2013 (First Presentation) 11/25/2013 U13-04/VC13-04 Page 7 of 24 SITE PLAN SUBMITTED – SEPTEMBER 11, 2013 Prepared by the Community Development Department for the Mayor and City Council Meeting on December 2, 2013 (First Presentation) 11/25/2013 U13-04/VC13-04 Page 8 of 24 REVISED SITE PLAN SUBMITTED– SEPTEMBER 26, 2013 Prepared by the Community Development Department for the Mayor and City Council Meeting on December 2, 2013 (First Presentation) 11/25/2013 U13-04/VC13-04 Page 9 of 24 Parking Layout “A” submitted November 20, 2013 Prepared by the Community Development Department for the Mayor and City Council Meeting on December 2, 2013 (First Presentation) 11/25/2013 U13-04/VC13-04 Page 10 of 24 Parking layout “B” submitted November 20, 2013 Prepared by the Community Development Department for the Mayor and City Council Meeting on December 2, 2013 (First Presentation) 11/25/2013 U13-04/VC13-04 Page 11 of 24 Front of house to be used as the event facility Parking adjacent to house (east side) Prepared by the Community Development Department for the Mayor and City Council Meeting on December 2, 2013 (First Presentation) 11/25/2013 U13-04/VC13-04 Page 12 of 24 Gravel drive looking south (house to the right) View from subject site to the east (requested concurrent variance for the deletion of the 75 foot buffer) Prepared by the Community Development Department for the Mayor and City Council Meeting on December 2, 2013 (First Presentation) 11/25/2013 U13-04/VC13-04 Page 13 of 24 View from the pasture on the west side of house looking north View from pasture on the west side of house looking south Prepared by the Community Development Department for the Mayor and City Council Meeting on December 2, 2013 (First Presentation) 11/25/2013 U13-04/VC13-04 Page 14 of 24 View from back deck of house (west side) to the north View of driveway adjacent to south property line (request to delete fence along the left side of the driveway) Prepared by the Community Development Department for the Mayor and City Council Meeting on December 2, 2013 (First Presentation) 11/25/2013 U13-04/VC13-04 Page 15 of 24 View of out-building and enclosed barn looking north (proposed parking area) Prepared by the Community Development Department for the Mayor and City Council Meeting on December 2, 2013 (First Presentation) 11/25/2013 U13-04/VC13-04 Page 16 of 24 SUBJECT SITE: The subject site is zoned AG-1 (Agricultural) and developed with a single family residence, barn, out building, garage, pool, and pool house on 4.687 acres. SITE PLAN ANALYSIS Based on the applicant’s revised site plan submitted to the Community Development Department on September 26, 2013, Staff offers the following considerations: In the applicant’s revised letter of intent received by the Community Development Department on October 11, 2013, it states that the applicant proposes to host events in the range of 100 people to 200 people at most. The applicant proposes that the events will cease artificial noise at 10:00 P.M. The intent is to provide a facility for these events and showcase what is uniquely the City of Milton, while preserving green-space and rural/agricultural areas. The existing house, outbuildings, patios, drives, etc. will provide for the proposed use. Parking including handicapped will be handled on existing pavement/grassed areas and will meet the ratios provided by ordinance. The applicant states that he may construct a pavilion in the future if the need should arise. The driveway at 13895 Hopewell Road will be utilized for entrance only and the exiting of vehicles will be at the applicant’s property located at 13835 Hopewell Road to the south. This is based on the small size of the entrance and lack of site distance at the subject site. Festival or Events, outdoor/indoor Standards for Use Permit (Section 64-1812) Required Standard Meets the Standard 1) Permitted curb cut access shall be from local streets. No, See Concurrent Variance Part 4 Below 2) Eight-foot high 100 percent opaque fencing shall be provided adjacent to residential districts or AG-1 districts used for single- family dwellings. No, See Concurrent Variance Part 1 Below 3) Hours of operation shall be between 8:00 a.m. and 11:00 p.m. when adjacent to residential districts or AG-1 districts used for single- family dwellings. Yes 4) Activity areas, including parking, shall be at least 100 feet from a residential district or AG-1 districts used for single-family Yes Prepared by the Community Development Department for the Mayor and City Council Meeting on December 2, 2013 (First Presentation) 11/25/2013 U13-04/VC13-04 Page 17 of 24 dwellings. 5) A maximum continuous sound level of 60 dBA and a maximum peak sound level of 75 dBA shall not be exceeded at property lines of adjacent to land which is used for residential districts or AG-1 districts used for single-family dwelling purposes. Yes 6) The festival or event shall be limited to a th ree-year period from the date of the city council's approval not to exceed a total of 180 consecutive days in a calendar year. No, See Concurrent Variance Part 3 Below VC13-04, Part 1 - To delete the 8 foot high opaque fence along the south property line. (Sec 64-1812(b)(2)). The subject site’s driveway abuts the single family residence to the south. This driveway will be utilized for the ingress for the subject site which will impact the adjacent property negatively. Therefore, Staff recommends DENIAL of VC13-04, Part 1. VC13-04, Part 3 - To delete the three year period requirement (Sec 64-1812 (b) (6)). The applicant is requesting that the requirement limiting the use permit to a three-year period from the date of the City Council’s approval be deleted. It is Staff’s opinion that this time limitation is provided to allow each event or event facility to be evaluated by the Mayor and City Council on its impact on adjacent and nearby properties. The applicant may choose to reapply for the same use permit at the time the use permit expires. Therefore, Staff recommends DENIAL of VC13-04, Part 3. VC13-04, Part 4 - To allow access from a local street (Sec 64-1812 (b)(1)). The applicant is requesting not to comply with the standard that permitted curb cut access shall be from local streets. Hopewell Road is a minor arterial on the City of Milton Roadway Functional Classification Map and a collector on the GDOT Roadway Functional Classification and Traffic Control Map. It is Staff’s opinion that a proposed use such as an event facility should not be accessed from a local street. Based on these circumstances, it is Staff’s opinion that granting this variance would not offend the spirit or intent of the zoning ordinance. Secondly, based on the fact that this requirement, if strictly applied, would create an unnecessary hardship because of extraordinary situation not caused by the applicant. Thirdly, relief if granted would not cause a substantial detriment to the public good and surrounding properties. Lastl y, the public safety, health and welfare are secured and substantial justice is done. Therefore, Staff recommends APPROVAL CONDITIONAL OF VC13-04 – PART 4. Prepared by the Community Development Department for the Mayor and City Council Meeting on December 2, 2013 (First Presentation) 11/25/2013 U13-04/VC13-04 Page 18 of 24 Northwest Fulton Overlay District Although there are no new structures being proposed, based on the fact that the current use is a single family residence and the request is a non-residential use, the application comes under the purview of the Northwest Fulton Overlay District. The applicant is requesting the following concurrent variance. VC13-04, Part 2 - To delete the 75 foot undisturbed buffer and 10 foot improvement setback along all property lines (Sec 64-1141 (3)(b)). The applicant states in the revised letter of intent that the configuration of the venue property will allow for at least a 100 foot buffer (setback) for surrounding properties, except for the access drive affecting the property located at 13855 Hopewell Road. In addition, the applicant states that the intent is to preserve green space and rural/agricultural areas. Except for the property at 13855 Hopewell Road, all the adjoining properties are owned by the applicant. In addition, the distance between the subject site and properties owned by others ranges from 230 feet to 330 feet. Staff recommends that an equestrian style fence, five feet in height, be constructed along the east property line (labeled with a distance of 454.33 feet) and landscaping not to exceed the height of the fence, interior to the fence be added to provide a visual screen to prevent vehicular lights being seen from the adjacent Bethany Oaks Subdivision. Approval of landscape materials and landscape plan shall be approved by the City Arborist. This condition will be included in the Recommended Conditions and will provide protection for nearby properties and define the area in which people can circulate on the site defined as the event facility. Based on these circumstances, it is Staff’s opinion that the granting of this variance would not offend the spirit or intent of the zoning ordinance. Secondly, based on the fact that this requirement, if strictly applied would create an unnecessary hardship because of an extraordinary situation not caused by the applicant. Thirdly, relief if granted would not cause a substantial detriment to the public good and surrounding properties. Lastly, the public safety, health and welfare are secured and substantial justice is done. Therefore, Staff recommends APPROVAL CONDITION AL OF VC13-04 – PART 2. City Arborist The proposed Use Permit will not impact any trees on the site. Prepared by the Community Development Department for the Mayor and City Council Meeting on December 2, 2013 (First Presentation) 11/25/2013 U13-04/VC13-04 Page 19 of 24 Public Works Department There is not enough information provided on the plat at this time to determine the level of improvements required by these conditions related to access. Fire Marshal The event facility will be required to be sprinkl ed and provide handicapped accessibility. The ingress and egress is sufficient for emergency vehicles to provide services to the site. 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 use permit and existing structures do not have any impact on the stream or wetlands within the stream buffer. Public Involvement Community Zoning Information Meeting On September 24, 2013 the applicant was present at the Community Zoning Information Meeting held at the Milton City Hall. Sixteen people signed the sign in sheet. Attendees expressed concerns about the number of people attending events, the potential impact of noise and light, how many events will be scheduled, and the possibility of outside event structures . City of Milton Design Review Board Meeting Courtesy Review – October 1, 2013 The following comment was made at the meeting:  Concerned that the approval of this use will open the door for other uses that may inconvenience the neighbors. Public Participation Plan and Report The applicant submitted the Public Participation Report on November 18, 2013. The public participation meeting was held on October 9, 2013 at the representative’s office on Hwy 9. There were four residents in attendance. Their issues included the number of attendees, the hours of operation, noise concerns, and types of events. The applicant responded that the events would be weddings, anniversary, and similar parties; noise would not exceed the Prepared by the Community Development Department for the Mayor and City Council Meeting on December 2, 2013 (First Presentation) 11/25/2013 U13-04/VC13-04 Page 20 of 24 allowed DBA; the number of attendees would be 200 and events would cease at 11:00 pm. USE PERMIT CONSIDERATIONS In the interest of the public health, safety and welfare, the Mayor and City Council may exercise limited discretion in eval uating 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 proposed development is located in the Agricultural, Equestrian, Estate Residential (AEE) land use category in the City of Milton 2030 Comprehensive Plan Map. The proposed use permit is permitted in AG-1 (Agricultural) districts which is an acceptable zoning district for the AEE land use category. In addition, the following Plan Policy is consistent with the proposed use: “We will support programs that retain, expand and create businesses that provide a good fit for our community’s economy in terms of job skills required and links to existing businesses and locate them appropriately within the City.” 2. Compatibility with land uses and zoning districts in the vicinity of the property for which the use permit is proposed: The subject site is adjacent to a minor arterial to the west and agriculturally zoned property owned by the applicant to the north and east. If the required eight foot opaque fence is constructed ad jacent to the entrance driveway. The applicant has asked in the Letter of Intent to have a maximum of 200 guests but states that the typical event would have 100 guests. Staff will condition the maximum of 100 guests. I t is Staff’s opinion that event facility is compatible with adjacent and nearby properties if it is approved with the Recommended Conditions. 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 three of the Use Permit standards and one requirement of the Northwest Fulton Overlay District. The applicant is requesting a four part concurrent variance to come into compliance with these requirements. Prepared by the Community Development Department for the Mayor and City Council Meeting on December 2, 2013 (First Presentation) 11/25/2013 U13-04/VC13-04 Page 21 of 24 4. The effect of the proposed use on traffic flow, vehicular and pedestrian, along adjoining streets: The type of proposed use’s effect on the traffic flow, vehicular and pedestrian, along adjoining streets should be minimal as the frequency and timing occurs during off peak times during the weekend hours and not during the week. 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 use: Assembly, places without fixed seating Ratio Number Spaces Required Number Spaces Provided 2,600 square feet in the structure 1 per 35 feet in the largest assembly room 74 88 or 106 indicated on site plan The applicant submitted two parking plan options on November 20, 2013. It appears that Plan A indicates a total of 88 parking spaces, including Handicapped. Plan B indicates a total of 106 parking spaces. 6. The amount and location of open space: The proposed site provides for a large area of open space which primarily surrounds house and accessory structures. 7. Protective screening: The applicant requested a concurrent variance to delete the 75 foot undisturbed buffer and 10 foot improvement setback as discussed above. Staff is of the opinion that there is adequate protection in the distance from adjacent property owners with the exception to the residence directory to the south along the entrance driveway. In addition, Staff has included a condition to require a 5 foot equestrian style fence with landscaping not to exceed 5 feet interior to the fence to provide additional screening as approved by the City Arborist. Staff has recommended denial of the deletion of the 8 foot high opaque fence to provide the necessary screening for the property to the south. 8. Hours and manner of operation: Prepared by the Community Development Department for the Mayor and City Council Meeting on December 2, 2013 (First Presentation) 11/25/2013 U13-04/VC13-04 Page 22 of 24 The applicant has indicated that events will not produce artificial sound past 10 p.m. 9. Outdoor lighting: The applicant has not indicated any additional lighting on the site. If lighting is proposed, it must comply with the Night Sky Ordinance. 10. Ingress and egress to the property. There is not enough information provided on the plat at this time to determine the level of improvements required by these conditions related to access. CONCLUSION If approved with the Recommended Conditions, the proposed special event facility is consistent with the City of Milton 2030 Future Land Use Plan and Policies. Therefore, Staff recommends U13-02 be APPROVED CONDITIONAL. Regarding the Concurrent Variances, Staff recommends APPROVAL CONDITIONAL of VC13-04, Parts 2 and 4, and DENIAL OF VC13-04, PARTS 1 AND 3. Prepared by the Community Development Department for the Mayor and City Council Meeting on December 2, 2013 (First Presentation) 11/25/2013 U13-04/VC13-04 Page 23 of 24 RECOMMENDED CONDITIONS If this petition is approved by the Mayor and City Council, it should be approved for a Use Permit for Festivals or events, outdoor/indoor 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) The existing single family house and property within the 4.697 acre site utilized for events. b) The existing barn, out building, pool house, garage, shall not be expanded in size as depicted on the revised site plan received by the Community Development Department on September 26, 2013. c) The number of guests shall not exceed 100 people for a single event. 2) To the owner’s agreement to abide by the following: a) To the revised site plan received by the Community Development Department on September 26, 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 delete the 75 foot undisturbed buffer and 10 foot improvement setback along all property lines. (VC13-04, Part 2) b) Provide a five foot high, equestrian style fence along the east property line labeled 454.33 feet and a planted screen not to exceed five feet in height interior to the fence. Plant material and planting plan shall be approved by the City Arborist. Prepared by the Community Development Department for the Mayor and City Council Meeting on December 2, 2013 (First Presentation) 11/25/2013 U13-04/VC13-04 Page 24 of 24 c) Permitted curb cut access shall not be from a local street. (VC13-04, Part 4) d) Artificial sound emitting from the facility shall cease at 10:00 p.m. 4) To the owner’s agreement to abide by the following requirements, dedication and improvements: a) Access to the site shall be subject to the approval of City of Milton Public Works Department, prior to the issuance of a Business License, Land Disturbance Permit, Subdivision Plat or Certificate of Occupancy (whichever comes first). Entrance(s) shall conform to Chapter 48 Streets, Sidewalks and Other Public Places of the City of Milton Code of Ordinances, or be reconstructed to meet such criteria as required by the Department of Public Works. At a minimum the following shall apply: i. Driveway(s) shall meet required site distance and shall be certified by professional engineer ii. Driveway(s) shall meet minimum width requirements iii. Driveway(s) modifications shall include any required right of way reservation for future intersection improvement project at Hopewell Rd and Bethany Bend/Way m HOME OF' IF I3E'�. M I LT 0- N ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: November 18, 2013 FROM: City Manager AGENDA ITEM: Consideration of an Ordinance Reaffirming and Establishing Chapter 46 of the Milton Code of Ordinances Governing Solid Waste Collection Services Within the City of Milton; Providing for the Scope and Nature of the Operation; Providing for the Disposal of Garbage, Solid Waste and Refuse, Requiring the Execution by Service Providers of a Non -Exclusive Agreement with the City of Milton; Providing Procedures for the Handling of Complaints-, Providing for an Infrastructure Maintenance Fee; Requiring Indemnity Insurance; Providing for Revocation and Amendment; Prohibiting Assignment and Subletting Without Consent; Providing for Forfeiture; and for Making Other Provisions. MEETING DATE: Monday, December 2, 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: K YES () NO CITY ATTORNEY REVIEW REQUIRED: K) YES () NO APPROVAL BY CITY ATTORNEY APPROVED ( T APPROVED PLACED ON AGENDA FOR: l Z REMARKS 14N U4 -t- 91,10 your *** PHONE: 678.242.2500 I FAX: 678.242.2499 Green ; Certificd ► °u'°' Community info4cityofmiltonga.us I www.cityofmiltonga.us w c �V�h«s) y i 13000 Deerfield Parkway, Suite 107 Milton GA 30004 'g49 Page 1 of 2 To: Honorable Mayor and City Council Members From: Cindy Eade, Sustainability Coordinator Date: Submitted for the November 18, 2013 Regular Council Meeting for First Presentation and December 2, 2013 for Unfinished Business Agenda Item: Consideration of an Ordinance Reaffirming and Establishing Chapter 46 of the Milton Code of Ordinances Governing Solid Waste Collection Services within the City of Milton; Providing for the Scope and Nature of the Operation; Providing for the Disposal of Garbage, Solid Waste and Refuse; Requiring the Execution by Service Providers of a Non-Exclusive Agreement with the City of Milton; Providing Procedures for the Handling of Complaints; Providing for an Infrastructure Maintenance Fee; Requiring Indemnity Insurance; Providing for Revocation and Amendment; Prohibiting Assignment and Subletting without Consent; Providing for Forfeiture; and for Making Other Provisions. ________________________________________________________________ Department’s Recommendation Re-affirm the ordinance with no changes approving and establishing the regulation of solid waste collection services within the City of Milton, and direct City Staff to facilitate the contracting of such services to providers currently in operation and those who may become in operation. Executive Summary The original ordinance was passed on November 21, 2006 and has been approved each successive year since its original enactment. The City’s authority to enter into solid waste franchise agreements originates from this ordinance. This ordinance requires approval each year in order to continue the enforcement of our solid waste franchise agreements. The following companies are on the current list of approved haulers: Page 2 of 2 Commercial Haulers or Roll offs Residential Haulers Advanced Disposal (formerly CWS) American Disposal 1-800-Got Junk GW Lovelace Allegiance Sanitation Custom Disposal American Disposal Services Henry Edward Kincaid Arrow, Inc. Mass Services/The Dumpster Company Grogan’s Disposal Red Oak Sanitation M&M Waste Republic Services Mass Services/The Dumpster Co. Sanitation Solutions Republic Services Waste Management Waste Pro Waste Management Funding and Fiscal Impact The ordinance contains the requirement for an infrastructure maintenance fee to be paid to the city quarterly in the amount of 5% of gross revenues. Alternatives If not approved, the City would lose its authority to regulate solid waste collection within our corporate limits and the ability to collect franchise fees for the same activity, with the accompanying loss of revenue. Legal Review: Ken Jarrard, Jarrard & Davis – October 30, 2013 Concurrent Review Chris Lagerbloom, City Manager Kathleen Field, Community Development Director Stacey Inglis, Assistant City Manager Attachments Solid Waste Ordinance (Redline Version) STATE OF GEORGIA ORDINANCE NO. COUNTY OF FULTON Page 1 of 22 AN ORDINANCE REAFFIRMING AND ESTABLISHING CHAPTER 46 OF THE MILTON CODE OF ORDINANCES GOVERNING SOLID WASTE COLLECTION SERVICES WITHIN THE CITY OF MILTON; PROVIDING FOR THE SCOPE AND NATURE OF THE OPERATION; PROVIDING FOR THE DISPOSAL OF GARBAGE, SOLID WASTE AND REFUSE; REQUIRING THE EXECUTION BY SERVICE PROVIDERS OF A NON-EXCLUSIVE AGREEMENT WITH THE CITY OF MILTON; PROVIDING PROCEDURES FOR THE HANDLING OF COMPLAINTS; PROVIDING FOR AN INFRASTRUCTURE MAINTENANCE FEE; REQUIRING INDEMNITY INSURANCE; PROVIDING FOR REVOCATION AND AMENDMENT; PROHIBITING ASSIGNMENT AND SUBLETTING WITHOUT CONSENT; PROVIDING FOR FORFEITURE; AND FOR MAKING OTHER PROVISIONS. BE IT ORDAINED by the City Council of the City of Milton, GA while in a regularly called council meeting on December -2,, at 6:00 p.m. as follows: SECTION 1. The City of Milton (“City”) seeks to provide standards of operation, regulation, and oversight in the providing of solid waste services within the corporate city limits; SECTION 2. Pursuant to past iterations of this Ordinance, the City currently recognizes the following companies as “Approved Haulers” in the City limits: 1 -800-GOT-JUNK, Advanced Disposal, Allegiance Sanitation, American Disposal Services, Arrow Inc., Custom Disposal, Henry Edward Kincaid, Grogan’s Disposal, GW Lovelace, M&M Waste, The Dumpster Company, Red Oak Sanitation, Republic Services, Sanitation Solutions, Waste Management, and Waste Pro; SECTION 3. The City seeks to confirm the “Approved Haulers” list as long as the companies are found to be acting consistently with the Ordinance and recognizes that the City Council may seek to amend the Approved Haulers List as need arises and in accordance with the established Solid Waste Ordinance; SECTION 4. It is in the interest of the City and its citizens to offer companies currently providing such services a non-exclusive contract on such terms and conditions that will provide the City with the controls and options necessary to provide for the public good; SECTION 5. Chapter 46 of the Milton City Code of Ordinances, the Milton Solid Waste Ordinance, attached hereto as Exhibit A is hereby ratified, approved and affirmed, subject to those redline modifications set forth in attached Exhibit A; SECTION 6. All ordinances, parts of ordinances, or regulations in conflict herewith are rejected; SECTION 7. This Ordinance shall become effective upon its adoption; STATE OF GEORGIA ORDINANCE NO. COUNTY OF FULTON Page 2 of 22 ORDAINED this the 2nd day of December, 2013. _____________________________ Joe Lockwood, Mayor Attest: ___________________________ Sudie AM Gordon, City Clerk (Seal) STATE OF GEORGIA ORDINANCE NO. COUNTY OF FULTON Page 3 of 22 EXHIBIT A Chapter 46 - SOLID WASTE [46] (46) State Law reference— Solid waste management generally, O.C.G.A. § 12-8-20 et seq.; Georgia Comprehensive Solid Waste Management Act, O.C.G.A. § 12-9-1; hazardous waste management, O.C.G.A. § 12-8-79; local and regional solid waste plans, O.C.G.A. § 12 -8-31.1; tire disposal restrictions, O.C.G.A. § 12-8-40.1; yard trimmings and disposal restrictions, O.C.G.A. § 12-8-40.2; authorization for local government units to enforce collection of taxes, fees, or assessments for solid waste management, O.C.G.A. § 12-8-39.3; authority of local governments to adopt and enforce local regulations for the handling and disposal of solid waste, O.C.G.A. § 12-8-30.9; Litter Control Law, O.C.G.A. § 16-7-40; transporting garbage or waste across state or county boundaries pursuant to contract, O.C.G.A. § 36-1-16; Resource Recovery Development Authorities Law, O.C.G.A. § 36-63-1 et seq.; littering highways, O.C.G.A. § 40-6-249. ARTICLE I. - IN GENERAL ARTICLE II. - LITTERING ARTICLE III. - COLLECTION SERVICES ARTICLE I. - IN GENERAL Sec. 46-1. - Definitions. Sec. 46-2. - Purpose. Sec. 46-3. - Collection fees. Sec. 46-4. - Medical waste to be disposed of according to state and federal regulations. Secs. 46-5—46-23. - Reserved Sec. 46-1. - Definitions. For the purpose of this chapter, whenever inconsistent with the context, words used in the present tense include the future tense, words in the plural include the singular, words in the singular include the plural, and the use of any gender shall be applicable to all genders whenever the sense requires. The words "shall" and "will" are mandatory and the word "may" is permissive. Words not defined in this section or otherwise in this chapter shall be given their common and ordinary meaning. The following words, terms, phrases and their derivations shall, in this chapter, have the meaning given in this section. Approved container or approved bag or container or bag means those containers used in the collection of solid waste, as defined in this chapter, which have been approved by the company for use by both residential and commercial customers. STATE OF GEORGIA ORDINANCE NO. COUNTY OF FULTON Page 4 of 22 Area shall mean the area within the boundaries of the incorporated areas of the City of Milton, as they exist as of the effective date in addition to future boundary changes as outlined in [the term "city"]. City means the City of Milton, Georgia, an incorporated municipal government in Fulton County, State of Georgia. Boundaries defining the city limits may be changed via ordinances approved by the city council, for which any new boundary created shall be subject to this contract. Commercial unit shall mean any structure, whether freestanding or designed to serve multiple tenants, whose primary purpose is for conducting business. Company means any organization, firm, person, entity, corporation or other business that contracts with customers to provide for the collection and disposal of solid waste material as defined in this article, and including but not limited to construction/demolition debris, dead animals, garbage, waste, storm debris, yard trimmings, and recyclable material. Construction/demolition debris shall have the meaning set forth by the Georgia Department of Natural Resources, Environmental Protection Division (Georgia EPD Chapter 391-3-4.01(14)). Construction site shall mean any parcel of land or real property having land disturbance, clearing and grading, demolition, improvements and betterments, renovation, remodeling and/or new construction work performed thereon or about the real property or premises whether or not a land disturbance and/or building permit is required. Customer shall mean any firm, person, entity, corporation or organization that contracts with a company for the collection and disposal of solid waste material as defined in this chapter, and including, but not limited to, construction/demolition debris, dead animals, garbage, waste, storm debris, yard trimmings, and recyclable material. Dead animals shall mean animals or portions thereof equal to or greater than ten pounds in weight that have died from any cause, except those slaughtered or killed for human use. Effective date means any contract executed between the city and any company on or after December 1, 2009. Environmental laws means all applicable laws, directives, rules, ordinances, codes, guidelines, regulations, governmental, administrative or judicial orders or decrees or other legal requirements of any kind, including, without limitation, common law, whether currently in existence or hereafter promulgated, enacted, adopted or amended, relating to safety, preservation or protection of human health and the environment (including ambient air, surface water, groundwater, land, or subsurface strata) and/or relating to the handling, treatment, transportation or disposal of waste, substances or materials, including, without limitation, any matters related to releases and threatened releases of materials and substances. Garbage shall have the meaning set forth at Georgia Department of Natural Resources, Environmental Protection Division ("Georgia EPD Chapter 391-3-4-.01(21)). Gross receipts shall mean the total amount collected by the company from any and all STATE OF GEORGIA ORDINANCE NO. COUNTY OF FULTON Page 5 of 22 customers for services rendered under authority of this chapter as a result of charges for service. Gross receipts shall not include the infrastructure maintenance fee identified in this chapter. Hazardous materials means any pollutant, contaminant, hazardous or toxic substance, constituent or material, including, without limitation, petroleum products and their derivatives, or other substances, regulated under or pursuant to any environmental laws. The term "hazardous materials" also includes any pollutant, contaminant, hazardous or toxic substance, constituent or material, including, without limitation, petroleum products and their derivatives, or other substance that is, after the date first written above, deemed hazardous be any judicial or governmental entity, body or agency having jurisdiction to make that determination. Hazardous waste means any waste regulated under or pursuant to any environmental laws, including, but not limited to, any solid waste which has been defined as a hazardous waste in regulations promulgated by the Board of Natural Resources, Chapter 291-3-11. The term "hazardous waste" also includes hazardous materials and any waste that is, after the effective date of this agreement, deemed hazardous by any judicial or governmental entity, board, body or agency having jurisdiction to make that determination. The term "hazardous waste" will be construed to have the broader, more encompassing definition where a conflict exists in the definitions employed by two or more governmental entities having concurrent or overlapping jurisdiction over hazardous waste. Recycling shall have the meaning set forth at Georgia Department of Natural Resources, Environmental Protection Division ("Georgia EPD") Chapter 391-3-4-.01(57). Residential unit shall mean any structure, whether single family, multi-family, or otherwise whose primary purpose is for living. Solid waste means the collection of residential and commercial nonrecyclable waste, residential and commercial recyclable waste, and residential yard trimmings/waste. Term shall mean a period of one year from the effective date. Waste means all putrescible and nonputrescible solid, semi-solid, and liquid wastes, including residential or commercial garbage, trash, refuse, paper, rubbish, ashes, manure, vegetable or animal solid and semi-solid wastes, and other discarded solid and semi-solid wastes. Yard trimmings shall have the meaning set forth at Georgia Department of Natural Resources, Environmental Protection Division ("Georgia EPD") Chapter 391-3-4-.01(77). (Ord. No. 06-11-04, § 1, 11-21-2006; Ord. No. 07-11-54, § 1, 11-15-2007; Ord. No. 08- 11-30, § 1, 11-17-2008; Ord. No. 10-11-84, § 1, 11-15-2010) Sec. 46-2. - Purpose. This chapter regulates the collection and disposal of waste and garbage including, but not limited to, all waste byproducts of manufacturing or commercial establishments, cinders and ashes from commercial boilers, and cardboard and wooden boxes, crates and barrels, as well domestic waste including meat, vegetable and fruit scraps, cans, bottles, paper, cardboard, rags, ashes, and other such waste material ordinarily STATE OF GEORGIA ORDINANCE NO. COUNTY OF FULTON Page 6 of 22 disposed from residences, churches, schools, small business establishments, and other such places. (1) The term "garbage" does not include animals, fowl, and fish entrails, bones and carcasses whether in whole or in part, from business establishments such as slaughterhouses and meat and fish markets. Such material means "other waste." (2) The term "waste" also includes animal, fowl, and fish excrement, entrails, bones, carcasses in whole or in part and dead animals, and any other refuse material not otherwise classified herein. (Ord. No. 08-03-04, § 1(ch. 17, art. 1, § 1), 3-17-2008) Sec. 46-3. - Collection fees. All fees are listed in Sec. 46-70 Contract and Rental Fees. Sec. 46-4. - Medical waste to be disposed of according to state and federal regulations. Hospitals and health care professionals or other entities disposing of medical waste including, but not limited to, any device used to puncture or lacerate skin, shall be disposed of in a manner consistent with federal and state regulations. (Ord. No. 08-03-04, § 1(ch. 17, art. 1, § 4), 3-17-2008) Secs. 46-5—46-23. - Reserved ARTICLE II. - LITTERING Sec. 46-24. - Prohibited. Secs. 46-25—46-43. - Reserved. Sec. 46-24. - Prohibited. (a) Unlawful acts defined. (1) Public littering. It shall be unlawful for any person, in person or by his or her agent, employee, or servant, to cast, throw, sweep, sift, or deposit in any manner in or upon any public way or other public place in the city or the river, creek, branch, public water, drain, sewer, or receiving basin within the city's jurisdiction, any kind of leaves, dirt, rubbish, waste article, thing, or substance whatsoever, whether liquid or solid. Nor shall any person cast, throw, sweep, sift, or deposit any of the aforementioned items anywhere within the city's jurisdiction in such a manner that it may be carried or deposited in whole or in part, by the action of the sun, wind, rain, or snow, into any of the aforementioned places; provided that this section shall not apply to: a. The deposit of material under a permit authorized by any city ordinance; STATE OF GEORGIA ORDINANCE NO. COUNTY OF FULTON Page 7 of 22 b. Goods, wares, or merchandise deposited upon any public way or other public place temporarily, in the necessary course of trade, and removed therefrom within two hours after being so deposited; or c. Articles or things deposited in or conducted into the city sewer system through lawful drains in accordance with the city ordinances relating thereto. (2) Private littering. The acts described in subsection (a)(1) of this section shall also apply to acts committed to or against private property without the consent of the owner. (b) All business firms dispensing their product in cups, plates, wrappers, sacks, and other similar forms of containers shall provide adequate metal or plastic cont ainers upon the premises for collection of refuse. It shall be the express responsibility of all such business firms to collect all cups, plates, wrappers, sacks, and other similar forms of containers dispensed by said business that may discarded upon the premises or neighboring street and sidewalks. It further shall be the responsibility of said business to collect the aforementioned items from the premises of the neighboring property when the owners of the property specifically request and authorize the business personnel to enter upon their property for that purpose. (c) Any person who shall violate any of the provisions of, or who fails to perform any duty imposed by this section or who violates any order or determination of the department promulgated pursuant to this article shall be punished as directed by law, and in addition thereto, may be enjoined from continuing the violation. Each day a violation occurs shall constitute a separate offense. Any willful and wanton violation of this subsection resulting in the unlawful littering of the streets, sidewalks, and neighboring property shall be deemed a nuisance and on conviction thereof by the city court, the mayor and city council may after a notice and a hearing revoke the business license of the violator. (Ord. No. 08-03-04, § 1(ch. 17, art. 1, § 5), 3-17-2008) Secs. 46-25—46-43. - Reserved. ARTICLE III. - COLLECTION SERVICES DIVISION 1. - GENERALLY DIVISION 2. - CONTRACTUAL PROVISIONS DIVISION 3. - TERMINATION OF CONTRACT DIVISION 4. - ADDITIONAL PROVISIONS DIVISION 1. - GENERALLY Secs. 46-44—46-62. - Reserved. STATE OF GEORGIA ORDINANCE NO. COUNTY OF FULTON Page 8 of 22 Secs. 46-44—46-62. - Reserved. DIVISION 2. - CONTRACTUAL PROVISIONS Sec. 46-63. - Authority. Sec. 46-64. - Grant of nonexclusive contract. Sec. 46-65. - Term. Sec. 46-66. - Scope and nature of operation. Sec. 46-67. - Vehicles to be covered and identified. Sec. 46-68. - Regulation of containers. Sec. 46-69. - Disposal of refuse. Sec. 46-70. - Contract and rental fees. Sec. 46-71. - Compliance with law. Sec. 46-72. - Insurance provided by company. Sec. 46-73. - Indemnification and hold harmless. Sec. 46-74—46-92. - Reserved. Sec. 46-63. - Authority. The city is empowered to contract with one or several third parties to collect and dispose of all garbage, waste, commercial waste, and yard waste generated by the city. In addition, the city may sell franchise rights in garbage collection to third parties. (Ord. No. 08-03-04, § 1(ch. 17, art. 1, § 2), 3-17-2008) Sec. 46-64. - Grant of nonexclusive contract. The city shall hereby grant to companies a nonexclusive contract pursuant to the terms set forth herein to use the public streets, alleys, roads and thoroughfares within the city for the purpose of operating and engaging in the business of collecting and disposing of waste; including, but not limited to, contracting with customers and providing service pursuant to contract therefore, placing and servicing containers, operating trucks, vehicles and trailers, and such other operations and activity as are customary and/or incidental to such business and service. (Ord. No. 06-11-04, § 2, 11-21-2006; Ord. No. 07-11-54, § 2, 11-15-2007; Ord. No. 08- 11-30, § 2, 11-17-2008; Ord. No. 10-11-84, § 2, 11-15-2010) Sec. 46-65. - Term. The term of any agreement shall be for a period of one year beginning on the effective date of the contract execution and terminating on the first anniversary of said date. The company shall begin performance under this contract immediately after the effective date of the contract execution. (Ord. No. 06-11-04, § 3, 11-21-2006; Ord. No. 07-11-54, § 3, 11-15-2007; Ord. No. 08- 11-30, § 3, 11-17-2008; Ord. No. 10-11-84, § 3, 11-15-2010) Editor's note— Section 3 of Ord. No. 10-11-84, adopted Nov. 15, 2010, changed the title of § 46 -65 from "One year in length" to "Term." STATE OF GEORGIA ORDINANCE NO. COUNTY OF FULTON Page 9 of 22 Sec. 46-66. - Scope and nature of operation. (a) Residential and commercial refuse and waste. The company may collect and deliver for disposal all residential and commercial refuse and waste accumulated within the corporate limits of the city by the company's customers and the words "refuse", "garbage", "trash" and "waste" when used in this article are used for convenience and, unless the context shows otherwise, refer to yard trimmings, recycling, storm debris, garbage, and construction/demolition debris. The company will furnish the personnel and equipment to collect refuse, provide the services described herein, and as contracted for with its customers, in an efficient and businesslike manner. (b) Service provided. Company shall provide container, bin and other collection service for the collection of residential and commercial refuse and waste according to the individual customer agreements and applicable city regulations and shall make provision for the special collection of such refuse and waste upon request. The company shall cause or require its equipment, containers and bins to be kept and maintained in a manner to not cause or create a threat to the public health and shall keep the same in a good state of repair. (c) Collection operation. (a) Save and except as provided in this section, collection shall not start before 7:30 a.m. or continue after 7:30 p.m. at any location. Company may request variances to this collection period provided that collections: (i) are made in a manner that does not cause or result in loud noise; and (ii) that are made at a location which will not cause the disturbance of persons occupying the premises or neighboring property must first be confirmed prior to the request. All requests for variances of times must be submitted to the city manager, or his designee, and include documentation on the hardship created by the collection operation period. Should such a collection operation variance be granted and the city receives two complaints about the collection operation in any six-month time period, the city shall verify and substantiate the factual basis for any complaints. Should the complaints be substantiated, the collection operation variance will be revoked. The frequency of collection shall be determined by each individual customer agreement. (d) Holidays. The company shall observe such holidays as it, in its sole discretion, determines appropriate. Notification must be given by the company to it's customers of the holidays and resulting collection cycles. (e) All companies must maintain a local customer service telephone number while conducting business within the city. The telephone number must be publicly listed in a phone book and available through directory assistance. Each company providing trash receptacles, whether commercial or residential, must mark each receptacle with the company's name and telephone number in letters not less than four inches in height. Each company must provide a mechanism to accept, investigate, and respond to customer complaints. Companies are strongly encouraged to use multi-media devices including interactive websites, e-mail, fax, and automated telephone systems. Service calls received by the city as a result of noncompany performance will result in the consideration of revocation of a nonexclusive contract or the city's choice to not renew an existing agreement. (f) Any invoice, bill, statement, or other device intended to request remittance by the customer to the company of funds for payment of service shall include at a minimum, the company's telephone number and payment methods available to customers. STATE OF GEORGIA ORDINANCE NO. COUNTY OF FULTON Page 10 of 22 (g) All companies providing residential service or service to residential multi-family units must provide a recycling program to all customers. This program is intended to promote recycling programs throughout the city by reducing the amount of waste landfilled. Commodities may be commingled by the consumer and collected commingled by the hauler. Recycled commodities which must be offered in all programs are as follows: brown, clear, and green glass; steel and tin cans; aluminum cans, foil, pie pans, plastic items (#1, #2, and #3); cardboard, cereal boxes and any nonwaxed paper containers; brown paper grocery bags; newspapers; magazines; telephone books; junk mail; office papers; and school papers. Customers shall be charged for the recycling program by the company regardless of utilization of the service. Haulers are to include this service with their residential rate structure; however, the charge for recycling shall be shown separate from other services provided. (h) All companies providing commercial service must offer and promote a recycling program to all customers. This program is intended to promote recycling programs throughout the city by reducing the amount of waste landfilled. (i) All companies providing residential service must offer the collection of yard trimmings to all customers. This program is intended to assist in the collection and disposal of grass clippings; leaves; pine cones and needles; twigs, limbs, and trunks of trees meeting size limitations set by company; bushes, brush, and all other general debris generated from the maintenance of residential yards and lawns. (j) It shall be the company's obligation and responsibility to educate all customers on industry trends and best practices relating to solid waste collection, removal, and disposal. Such education programs must consist of the following elements: Recycling; holiday schedules; new customer information; and any service related items. All companies have the obligation to inform customers of any noncollected trash or items placed for collection by the customer but not covered under the agreement between the customer and the company. Further, it shall be the company's obligation and responsibility to educate customers on days of collection for each specific service provided. All education and communication between the company and customers should promote the placement of residential collectibles at the curb the night before pick-up. Receptacles, containers, or bagged materials shall not be left at the curb for longer than a 24-hour period. (Ord. No. 06-11-04, § 4, 11-21-2006; Ord. No. 07-11-54, § 4, 11-15-2007; Ord. No. 08- 11-30, § 4, 11-17-2008; Ord. No. 10-11-84, § 4, 11-15-2010) Sec. 46-67. - Vehicles to be covered and identified. (a) All vehicles used by company for the collection and transportation of refuse shall be covered at all times while loaded and in transit to prevent the blowing or scattering of refuse onto the public streets or properties adjacent thereto, and such vehicles shall be clearly marked with the company's name and telephone number in letters not less than four inches in height. (b) Company must provide a comprehensive and proactive driver safety education program which encourages safety on city streets. Such program must be demonstrated and conveyed to the city. Company must comply with all other regulatory agencies, both local, state, or otherwise with respect to commercial vehicle operation within the city. Service calls received by the city as a result of noncompany performance will result in STATE OF GEORGIA ORDINANCE NO. COUNTY OF FULTON Page 11 of 22 the consideration of revoking a nonexclusive contract or the city's choice to not renew an existing agreement. (c) Company must manage collection services delivered within the city to minimize the number of vehicles on city roads. Coordination between haulers and service providers is strongly encouraged to manage service vehicles on residential streets and neighborhoods. (d) Should company utilize "scout" trucks to facilitate collection in residential areas where it is not feasible to use standard collection vehicles, such vehicles must be covered at all times while loaded and in transit should they exceed 30 miles per hour or be driven more than 300 yards on a public street. (Ord. No. 06-11-04, § 5, 11-21-2006; Ord. No. 07-11-54, § 5, 11-15-2007; Ord. No. 08- 11-30, § 5, 11-17-2008; Ord. No. 10-11-84, § 5, 11-15-2010) Sec. 46-68. - Regulation of containers. The company may rent, lease, provide or define specifications for containers to any customer within the corporate limits of the city for refuse storage and collection purposes subject to the following requirements: (1) All containers shall be constructed and maintained according to industry practice; (2) All containers shall be equipped with stable covers to prevent blowing or scattering of refuse while being transported for disposal of their contents; (3) All containers, save and except those being used for the purpose of collecting and storing rubble, building and scrap construction materials, shall be equipped with covers suitable to prevent blowing or scattering refuse and access to the container by animals while the container is at the site designated by customer; (4) All containers shall be periodically cleaned, maintained, serviced and kept in a reasonably good state of repair, to prevent the unreasonable accumulation of refuse residues, to avoid excessive odor and harborage for rodents and flies resulting from excessive residues remaining after collection of containers; (5) All containers shall be clearly marked with the company's name and telephone number in letters not less than four inches in height; (6) All containers shall not be on public rights-of-way and shall be located so as to not interfere, block, obstruct or impede the normal use of any sidewalk, street, alley driveway or fire lane, or to block, obstruct or impede sight distance at street, road or alley intersections; (7) All containers, bins, or other collection instruments must be kept free from graffiti, rust, broken and nonoperational parts and pieces, and litter in and around the area; and (8) It shall be the responsibility of each company to educate their customers on the regulations of containers and maintain industry standards, policies, and procedures, which promote an aesthetically pleasing environment in and around all STATE OF GEORGIA ORDINANCE NO. COUNTY OF FULTON Page 12 of 22 refuse and waste containers and receptacles. (Ord. No. 06-11-04, § 6, 11-21-2006; Ord. No. 07-11-54, § 6, 11-15-2007; Ord. No. 08- 11-30, § 6, 11-17-2008; Ord. No. 10-11-84, § 6, 11-15-2010) Editor's note— Section 6 of Ord. No. 10-11-84, adopted Nov. 15, 2010, changed the title of § 46 -68 from "Container requirements" to "Regulation of containers." Sec. 46-69. - Disposal of refuse. The company will deliver all waste collected by it from it's customers within the city, except for materials which the company may select for recovery and recycling, to a disposal facility that is permitted by the EPD to accept such refuse and waste. Rules and regulations governing hours of operation and disposal practices at the disposal facility will be observed and followed by the company while engaged in the disposal of refuse pursuant to this article. Any items collected as part of a recycling program must be delivered to a facility where recovery and reuse occurs. Should any company choose to offload or dispose of materials collected by one vehicle into another for transport to the final disposal facility, company shall make every available effort to perform such refuse transfer on property owned by the company or privately owned property where the company has an agreement with the property owner to perform such activity. In the event any transfer occurs on public land, including streets, alleys, rights-of-ways, roads, thoroughfares, avenues, parkways, expressways, or other areas designed and designated for public travel, company shall make every effort available to clean the area after completion of the transfer to insure the area is maintained at the same or better level than if the area was not used for this activity. In the event the city receives complaints regarding this practice, company shall be required to cease from this activity at the location of the complaint. (Ord. No. 06-11-04, § 7, 11-21-2006; Ord. No. 07-11-54, § 7, 11-15-2007; Ord. No. 08- 11-30, § 7, 11-17-2008; Ord. No. 10-11-84, § 7, 11-15-2010) Sec. 46-70. - Contract and rental fees. Contract fee. The streets, rights-of-way, and public easements to be used by the company in the operation of its business within the boundaries of the city as such boundaries now exist and exist from time to time during the term of this contract, are valuable public properties acquired and maintained by the city at great expense to its taxpayers, and the city will incur costs to regulate and administer this article. In consideration of such benefits, costs and expenses, the company shall through the term of its contract collect an "infrastructure maintenance fee" equal to five percent of the company's gross receipts to customers within the city (exclusive of sales tax). The term "infrastructure maintenance fee" shall be used on all bills, invoices, or statements sent by any company to a customer under this article. This fee is applicable to haulers that are providing trash and recycling collection to residential accounts as well as haulers serving commercial accounts. (1) Fees paid. The infrastructure maintenance fee shall be payable quarterly to the city and delivered to the city in conjunction with a statement indicating the derivation and calculation of such payment. Each such quarterly payment shall be due on the fifteenth day of the second month following the end of the quarterly period for which said payment is due. The quarterly payments shall be due on STATE OF GEORGIA ORDINANCE NO. COUNTY OF FULTON Page 13 of 22 February 15, May 15, August 15, and November 15 of each year during the term hereof, with the February 15 payment being based upon the company's gross receipts during the calendar quarter ending the prior December 31 and being payment for the rights and privileges granted hereunder for said calendar quarter, the May 15 payment being based upon the company's gross receipts during the calendar quarter ending the prior March 31 and being payment for the rights and privileges granted hereunder for said calendar quarter, the August 15 payment being based upon the company's gross receipts during the calendar quarter ending the prior June 30 and being payment for the rights and privileges granted hereunder for said calendar quarter, and the November 15 payment bei ng based upon the company's gross receipts during the calendar quarter ending the prior September 30 and being payment for the rights and privileges granted hereunder for said calendar quarter. During the implementation of this article, all bills generated by companies after December 1, 2006, shall include the infrastructure maintenance fee. The city shall provide material relating to the education and marketing efforts of the infrastructure maintenance fee as well as provide education and training to company employees to ensure a consistent message is conveyed to constituents of the City of Milton. For purposes of verifying the amount of such fee, the books of the company shall at all reasonable times be subject to inspection by the duly authorized representatives of the city. If the infrastructure maintenance fee is not paid by the due date as set forth herein, the company from whom the fee was due shall be assessed and shall pay a late fee in the amount of 10% of the amount not timely paid. In addition, all amounts otherwise due, including late fees, shall accrue interest at the rate of 1.5% per calendar month beginning 30 days after the original due date. (2) No other rental fees. The contract fee shall be in lieu of any and all other city- imposed rentals or compensation or contract, privilege, instrument, occupation, excise or revenue taxes or fees and all other exactions or charges (except ad valorem property taxes, special assessments for local improvements, city sales tax, and such other charges for utility services imposed uniformly upon persons, firms or corporations then engaged in business within the city) or permits upon or relating to the business, revenue, installations and systems, fixtures, and any other facilities of the company and all other property of the company and its activities, or any part thereof, in the city which relate to the operations of the company pursuant to this article; provided, that this shall not be construed to prevent the company from being required to pay any and all applicable fees and charges in effect from time to time for dumping at a landfill or transfer station. (3) Credit for fees paid. Should the city not have the legal power to agree that the payment of the foregoing sums of money shall be in lieu of contracts, fees, street or alley rentals or charges, easement or ordinance fees or charges aforesaid, then city agrees that it will apply so much of said sums of money paid as may be necessary to company's obligations, if any, to pay any such contract, ordinance charges, other charges, fees, rentals, easement, taxes or charges. (4) Reporting. Any company providing service pursuant to this article or a resulting contract shall from time to time provide the city with the necessary statistics regarding waste collected and disposed which shall allow the city to comply with state reporting requirements. Such information shall be in the manner and format requested by the city and provide adequate details for the city to maintain compliance with local, state, federal, and all other guidelines relating to STATE OF GEORGIA ORDINANCE NO. COUNTY OF FULTON Page 14 of 22 solid waste collection, removal, and disposal. (5) Dedicated revenue. The infrastructure maintenance fee collected by the city under this article shall be dedicated to the following: (i) maintenance of the city's streets, corridors, alleys, thoroughfares, and transportation routes; (ii) administration of contract compliance between customers and companies where service is received as provided in this article; and (iii) collection of litter, trash and hazardous waste materials within the city. (Ord. No. 06-11-04, § 8, 11-21-2006; Ord. No. 07-11-54, § 8, 11-15-2007; Ord. No. 08- 11-30, § 8, 11-17-2008; Ord. No. 10-11-84, § 8, 11-15-2010) Editor's note— Section 8 of Ord. No. 10-11-84, adopted Nov. 15, 2010, changed the title of § 46 -70 from "Fees" to "Contract and rental fees." Sec. 46-71. - Compliance with law. The company shall conduct under this article in compliance with the material provisions of all applicable local, state and federal laws, rules and regulations, and with the general specifications contained in this article. (Ord. No. 06-11-04, § 9, 11-21-2006; Ord. No. 07-11-54, § 9, 11-15-2007; Ord. No. 08- 11-30, § 9, 11-17-2008; Ord. No. 10-11-84, § 9, 11-15-2010) Editor's note— Section 9 of Ord. No. 10-11-84, adopted Nov. 15, 2010, changed the title of § 46 -71 from "Compliance with local, state and federal regulations required" to "Contract and rental fees." Sec. 46-72. - Insurance provided by company. (a) Minimum coverage requirements. The company shall maintain throughout the term of its contract, property damage coverage, general liability insurance, and automobile liability insurance for any automobile owned or operated by company, with an insurance company authorized and licensed to do business in the State of Georgia and acceptable to the city, insuring against claims for liability and damages for the benefit of the city. The insurance shall include the city as an additional insured. General liability coverage insurance under this section shall be a minimum of $1,000,000.00 per occurrence with a $2,000,000.00 aggregate. Automobile liability insurance under this section shall, at a minimum, have limits of $1,000,000.00 for each occurrence. Additionally, umbrella coverage of $1,000,000.00 on both automobile liability insurance and general liability insurance is required. (b) Employer's liability. If the company is required by Georgia Statute, the company shall maintain throughout the term of the contract resulting from this article the requisite statutory workers' compensation insurance, and a minimum of $100,000.00 employer's liability insurance. Company shall be required to show compliance to this section by submitting documentation of such coverage from an approved carrier licensed in the State of Georgia, or documentation explaining the exemption from employer's liability insurance should they not meet the state requirements to carry such coverage. (c) Certificate of insurance. The insurance policy, or policies, obtained by the company in compliance with this section shall be approved by the city manager or his designee in the city manager's or his designee's reasonable discretion, and the certificate of insurance for the insurance policy shall be filed and maintained with the city during the STATE OF GEORGIA ORDINANCE NO. COUNTY OF FULTON Page 15 of 22 term of the contract resulting from this article with a copy of the endorsement required under subsection (d) to be attached or made a part of such certificate. (d) Endorsements. All insurance policies maintained pursuant to this article shall contain the following conditions by endorsement: (1) Additional insured. The city shall be an additional insured and the term "owner" and "city" shall include all authorities, boards, bureaus, commissions, divisions, departments and offices of the city and the individual members, officers, employees and agents thereof in their official capacities and/or while acting on behalf of the city. (2) Other insurance clause. The policy clause "other insurance" shall not apply to the city when the city is an insured on the policy. (3) No recourse. Companies issuing the insurance policies shall not recourse against the city for payment of any premium or assessment. (e) Increase requirements. The city may choose to amend this article to make reasonable adjustments to the insurance coverage and their limits when deemed necessary and prudent based upon changes in statutory law, court decisions, or the claims history of the industry. (Ord. No. 06-11-04, § 10, 11-21-2006; Ord. No. 07-11-54, § 10, 11-15-2007; Ord. No. 08-11-30, § 10, 11-17-2008; Ord. No. 10-11-84, § 10, 11-15-2010) Editor's note— Section 10 of Ord. No. 10-11-84, adopted Nov. 15, 2010, changed the title of § 46-72 from "Company to provide insurance" to "Insurance provided by company." Sec. 46-73. - Indemnification and hold harmless. The company agrees to indemnify, defend and save harmless the city, its agents, officers and employees, against and from any and all claims by or on behalf of any person, firm, corporation or other entity arising from any negligent act or omission or willful misconduct of the company, or any of its agents, contractors, servants, employees or contractors, and from and against all costs, counsel fees, expenses and liabilities incurred in or about any such claim or proceeding brought thereon. Promptly after receipt from any third party by city of a written notice of any demand, claim or circumstance that, immediately or with the lapse of time, would give rise to a claim or the commencement (or threatened commencement) of any action, proceeding or investigation (an "asserted claim") that may result in losses for which indemnification may be sought hereunder, the city shall give written notice thereof (the "claims notice") to the company provided, however, that a failure to give such notice shall not prejudice the city's right to indemnification hereunder except to the extent that the company is actually and materially prejudiced thereby. The claims notice shall describe the asserted claim in reasonable detail, and shall indicate the amount (estimated, if necessary) of the losses that have been or may be suffered by the city when such information is available. The company may elect to compromise or defend, at its own expense and by its own counsel, any asserted claim. If the company elects to compromise or defend such asserted claim, it shall, within 20 business days following its receipt of the claims notice (or sooner, if the nature of the asserted claim so required) notify the city of its intent to do so, and the city shall cooperate, at the expense of the company, in the compromise of, or defense against, such asserted claim. If the company elects not to compromise or STATE OF GEORGIA ORDINANCE NO. COUNTY OF FULTON Page 16 of 22 defend the asserted claim, fails to notify the city of its election as herein provided or contests its obligation to provide indemnification under this agreement, the city may pay, compromise or defend such asserted claim with all reasonable costs and expenses borne by the company. Notwithstanding the foregoing, neither the company nor the city may settle or compromise any claim without the consent of the other party; provided, however, that such consent to settlement or compromise shall not be unreasonably withheld. In any event, the city and the company may participate at their own expense, in the defense of such asserted claim. If the company chooses to defend any asserted claim, the city shall make available to the company any books, records or other documents within its control that are necessary or appropriate for such defense. (Ord. No. 06-11-04, § 11, 11-21-2006; Ord. No. 07-11-54, § 11, 11-15-2007; Ord. No. 08-11-30, § 11, 11-17-2008; Ord. No. 10-11-84, § 11, 11-15-2010) Editor's note— Section 11 of Ord. No. 10-11-84, adopted Nov. 15, 2010, changed the title of § 46 -73 from "Company to indemnify city; defense of suits" to "Indemnification and hold harmless." Secs. 46-74—46-92. - Reserved. DIVISION 3. - TERMINATION OF CONTRACT Sec. 46-93. - Forfeiture and terminating of contract. Sec. 46-94. - Transfer, sale or conveyance by company. Sec. 46-95. - Foreclosure. Sec. 46-96. - Receivership and bankruptcy. Secs. 46-97—46-115. - Reserved. Sec. 46-93. - Forfeiture and terminating of contract. (a) Material breach. In addition to all other rights and powers retained by the city under this article or otherwise, the city reserves the right to declare any resulting contract from this article forfeited and to terminate the contract and all rights and privileges of the company hereunder in the event of a material breach of the terms and conditions hereof. A material breach by company shall include, but shall not be limited to, the following: (1) Fees. Failure to pay the fees set out in section 46-70 (2) Telephone listings. Failure to keep and maintain a local telephone listing and office or answering service that is available by phone without long distance charge during regular business hours for service to the public, and which telephone or office shall, at minimum, provide and maintain the following services: a. Coordinate and provide information concerning deposits, payments and accounts to customers and prospective customers; b. Respond to customer and prospective customer questions and issues about billings, accounts, deposits and services; c. Coordination with the city with respect to private sector and public works STATE OF GEORGIA ORDINANCE NO. COUNTY OF FULTON Page 17 of 22 projects and issues related to or affecting the company's operation; and d. Immediate response, upon request, to police, fire and other emergency situations in which the public health and safety requires action with respect to or assistance regarding company's property. (3) Failure to provide service. Failure to materially provide the services provided for in this article; (4) Misrepresentation. Material misrepresentation of fact in the application for or negotiation of any contract resulting from this article; or (5) Conviction. Conviction of any director, officer, employee, or agent of the company of the offense of bribery or fraud connected with or resulting from the award of a contract from this article. (b) Operation information. Material misrepresentation of fact knowingly made to the city with respect to or regarding company's operations, management, revenues, services or reports required pursuant to this article. (c) Economic hardship. Company shall not be excused by mere economic hardship nor by misfeasance or malfeasance of its directors, officers or employees. (d) Forfeiture and proceedings. Any unwarranted and intentional neglect, failure or refusal of the company to comply with any material provision of this article or resulting contract within 30 days after written notice from city setting forth the specific provision and noncompliance, said notice to be mailed to company at its principal place of business by certified mail, return receipt requested, shall be deemed a breach of this article, and the city council, upon notice to company and hearing, may, for good cause declare a contract forfeited and exclude company from further use of the streets of the city under this article, and the company shall thereupon surrender all rights in and under this article and contract. (1) Proceedings. In order for the city to declare a forfeiture pursuant to subsections (a), (b), (c), (d), the city shall make a written demand that the company comply with any such provision, rule, order, or determination under or pursuant to this article. If such violation by the company continues for a period of 30 days following such written demand without written proof that the corrective action has been taken or is being actively and expeditiously pursued, the council may take under consideration the issue of termination of the resulting contract from this article. The city shall cause to be served upon company, at least 20 days prior to the date of such a council meeting, a written notice of intent to request such termination and the time and place of the meeting. Notice shall be given of the meeting and issue which the council is to consider. (2) Hearing. The council shall hear and consider the issue, hear any person interested therein, and shall determine whether or not any violation by the company has occurred. (3) Forfeiture. If the council shall determine that the violation by the company was the fault of company and within its control, the council may declare the contract forfeited and terminated, or the council may grant to company a period of time for STATE OF GEORGIA ORDINANCE NO. COUNTY OF FULTON Page 18 of 22 compliance. (Ord. No. 06-11-04, § 12, 11-21-2006; Ord. No. 07-11-54, § 12, 11-15-2007; Ord. No. 08-11-30, § 12, 11-17-2008; Ord. No. 10-11-84, § 12, 11-15-2010) Editor's note— Section 12 of Ord. No. 10-11-84, adopted Nov. 15, 2010, changed the title of § 46 -93 from "Forfeiture" to "Forfeiture and terminating of contract." Sec. 46-94. - Transfer, sale or conveyance by company. The company shall not transfer, assign, sell or convey any rights granted under any resulting contract from this article without the prior approval of the city council; provided that this section shall not apply to vehicles, replacements, maintenance, upgrades or modifications of equipment, machinery, containers and buildings by company for the purpose of maintaining and continuing its operation within the city; and provided further that company may, in its sole discretion and upon written notice to the city, transfer, assign, sell or convey their rights under this article to a wholly owned subsidiary of the company or to an affiliated entity that is under common control with company (i.e., has a common parent entity). (Ord. No. 06-11-04, § 13, 11-21-2006; Ord. No. 07-11-54, § 13, 11-15-2007; Ord. No. 08-11-30, § 13, 11-17-2008; Ord. No. 10-11-84, § 13, 11-15-2010) Editor's note— Section 13 of Ord. No. 10-11-84, adopted Nov. 15, 2010, changed the title of § 46 -94 from "Transfer, sale or conveyance by company prohibited; exceptions" to "Transfer, sale or conveyance by company." Sec. 46-95. - Foreclosure. upon the foreclosure or other judicial sale of all or a substantial part of the assets and property of the company used for and dedicated to providing service pursuant to this article, the company shall notify the city of such fact, and such notification shall by treated as a notification that a change in control of the company has taken place and the provisions of this article governing the consent of the council to such change in control of the company shall apply. Upon the foreclosure or judicial sale, or the leasing of all or a substantial part of the property and assets of the company dedicated to and used for the purposes of providing service pursuant to this article, without the prior approval of the council, the council may, upon hearing and notice, terminate any contract resulting from this article. (Ord. No. 06-11-04, § 14, 11-21-2006; Ord. No. 07-11-54, § 14, 11-15-2007; Ord. No. 08-11-30, § 14, 11-17-2008; Ord. No. 10-11-84, § 14, 11-15-2010) Editor's note— Section 14 of Ord. No. 10-11-84, adopted Nov. 15, 2010, changed the title of § 46 -95 from "Foreclosure or judicial sale" to "Foreclosure." Sec. 46-96. - Receivership and bankruptcy. Cancellation option. The council shall have the right to cancel any contract resulting from this article 120 days after the appointment of a receiver or trustee to take over and conduct the business of the company, whether in receivership, reorganization, bankruptcy, other action or preceding, whether voluntary or involuntary, unless such receivership or trusteeship shall have been vacated prior to the expiration of said 120 days, unless: STATE OF GEORGIA ORDINANCE NO. COUNTY OF FULTON Page 19 of 22 (1) Trustee compliance. Within 120 days after his election or appointment, such receiver trustee shall have fully complied with all the provisions of this article and remedied all defaults thereunder; or (2) Trustee agreement. Such receiver or trustee, within 120 days, shall have executed an agreement, duly-approved by the court having jurisdiction, whereby the receiver or trustee assumes and agrees to be bound by each and every provision of this article granted to the company. (Ord. No. 06-11-04, § 15, 11-21-2006; Ord. No. 07-11-54, § 15, 11-15-2007; Ord. No. 08-11-30, § 15, 11-17-2008; Ord. No. 10-11-84, § 15, 11-15-2010) Secs. 46-97—46-115. - Reserved. DIVISION 4. - ADDITIONAL PROVISIONS Sec. 46-116. - Retention of city police powers. Sec. 46-117. - Amendments of city ordinances and regulations. Sec. 46-118. - Taxes. Sec. 46-119. - Public necessity. Sec. 46-120. - No suspension of laws. Sec. 46-121. - Peaceful employment. Sec. 46-122. - Endorsements and records. Sec. 46-123. - Acceptance by company. Sec. 46-116. - Retention of city police powers. The city retains and reserves all of its police powers and the rights, privileges, and immunities that it now has under the law to regulate, patrol and police the streets and public ways within the city, and the granting of any contract as a result of this article shall in no way interfere with the improvements to, or maintenance of, any street, alley or public way, and the rights of the city to use said streets, alleys and public ways. (Ord. No. 06-11-04, § 16, 11-21-2006; Ord. No. 07-11-54, § 16, 11-15-2007; Ord. No. 08-11-30, § 16, 11-17-2008; Ord. No. 10-11-84, § 16, 11-15-2010) Sec. 46-117. - Amendments of city ordinances and regulations. The city reserves the right and power, pursuant to its police power, after due notice to company, to modify, amend, alter, change or eliminate any rules, regulations, fees, charges and rates of the city, and to impose such additional conditions, that are not inconsistent with the rights granted by this article, upon the company and all persons, firms or entities of the same class as the company, as may be reasonably necessary in the discretion of the city council to preserve and protect the public, health, safety and welfare and/or insure adequate service to the public. (Ord. No. 06-11-04, § 17, 11-21-2006; Ord. No. 07-11-54, § 17, 11-15-2007; Ord. No. 08-11-30, § 17 11-17-2008; Ord. No. 10-11-84, § 17, 11-15-2010) Editor's note— Section 17 of Ord. No. 10-11-84, adopted Nov. 15, 2010, changed the title of § 46- STATE OF GEORGIA ORDINANCE NO. COUNTY OF FULTON Page 20 of 22 117 from "Reservation to amend city ordinances and regulations" to "Amendments of city ordinances and regulations." Sec. 46-118. - Taxes. The company shall promptly pay all lawful ad valorem taxes, levies and assessments, if any, that are imposed upon the company. Absent an administrative or judicial challenge, or appeal, the failure to pay any such tax, levy or assessment shall be a breach of this article. (Ord. No. 06-11-04, § 18, 11-21-2006; Ord. No. 07-11-54, § 18, 11-15-2007; Ord. No. 08-11-30, § 18, 11-17-2008; Ord. No. 10-11-84, § 18, 11-15-2010) Editor's note— Section 18 of Ord. No. 10-11-84, adopted Nov. 15, 2010, changed the title of § 46- 118 from "Payment of taxes required" to "Taxes." Sec. 46-119. - Public necessity. The council hereby finds and declares that the public welfare, convenience and necessity require the service which is to be furnished by the company. (Ord. No. 06-11-04, § 19, 11-21-2006; Ord. No. 07-11-54, § 19, 11-15-2007; Ord. No. 08-11-30, § 19, 11-17-2008; Ord. No. 10-11-84, § 19, 11-15-2010) Editor's note— Section 19 of Ord. No. 10-11-84, adopted Nov. 15, 2010, changed the title of § 46 - 119 from "Disposal of solid waste deemed public necessity" to "Public necessity." Sec. 46-120. - No suspension of laws. All provisions of the ordinances of the city as now existing or as may be amended from time to time, and all provisions of the statutes of the State of Georgia applicable to general law cities shall be a part of any resulting contract from this article as fully as if the same had been expressly stated herein, and said the city retains and may exercise all of the governmental and police powers and all other rights and powers not directly inconsistent with the terms, conditions and provisions of this article. (Ord. No. 06-11-04, § 22, 11-21-2006; Ord. No. 07-11-54, § 22, 11-15-2007; Ord. No. 08-11-30, § 22, 11-17-2008; Ord. No. 10-11-84, § 22, 11-15-2010) Editor's note— Section 22 of Ord. No. 10-11-84, adopted Nov. 15, 2010, changed the title of § 46- 120 from "City ordinances and state law considered part of contract" to "No suspension of laws." Sec. 46-121. - Peaceful employment. From and after the effective date of this article, the city and the company shall be and are hereby authorized and entitled to act in reliance upon the terms, conditions and provisions of this article and any resulting contract and, subject thereto, the company shall collect rates for service, operate and conduct its business and work within the city, and enjoy the benefits and privileges of this article during the term hereof. (Ord. No. 06-11-04, § 23, 11-21-2006; Ord. No. 07-11-54, § 23, 11-15-2007; Ord. No. 08-11-30, § 23, 11-17-2008; Ord. No. 10-11-84, § 23, 11-15-2010) Editor's note— Section 23 of Ord. No. 10-11-84, adopted Nov. 15, 2010, changed the title of § 46- 121 from "City and company to rely on this chapter" to "Peaceful employment." STATE OF GEORGIA ORDINANCE NO. COUNTY OF FULTON Page 21 of 22 Sec. 46-122. - Endorsements and records. The city clerk is directed to make endorsements as appropriate over his/her official hand and the seal of the city on the form provided at the conclusion of this article, for the public record and convenience of the citizens, of the date upon which this article is finally passed and adopted. (Ord. No. 06-11-04, § 25, 11-21-2006; Ord. No. 07-11-54, § 25, 11-15-2007; Ord. No. 08-11-30, § 25, 11-17-2008; Ord. No. 10-11-84, § 25, 11-15-2010) Sec. 46-123. - Acceptance by company. Within 30 days after the passage of this article, or within 30 days of establishing a business within the corporate city limits, all companies operating a residential or commercial refuse waste service shall file with the city its acceptance of the terms and provisions of this article, and request for contract. The acceptance and request for contract shall be in writing on the company's letterhead and provide as follows: City of Milton Attention: City Manager 13000 Deerfield Parkway, Suite 107A/B Milton, GA 30004 ____________ (the "Company"), acting by and through an officer who is acting within its official capacity and authority, hereby accepts the City of Milton Solid Waste Ordinance to operate a refuse and solid waste collection and disposal system within the City as said Ordinance is set forth and provided herewith. The Company agrees to be bound and governed by each term, provision and condition of the Ordinance, to accept and to give the benefits provided by the Ordinance, and to perform each service and duty set forth and provided for in the Ordinance in a businesslike and reasonable manner and in compliance with the Ordinance. Company: ..... By: ..... Printed Name: ..... Title: ..... (Ord. No. 06-11-04, § 26, 11-21-2006; Ord. No. 07-11-54, § 26, 11-15-2007; Ord. No. 08-11-30, § 26, 11-17-2008; Ord. No. 10-11-84, § 26, 11-15-2010) Editor's note— Section 26 of Ord. No. 10-11-84, adopted Nov. 15, 2010, changed the title of § 46- 123 from "Written acceptance of company required" to "Acceptance by company." 46-124. – Decal STATE OF GEORGIA ORDINANCE NO. COUNTY OF FULTON Page 22 of 22 Upon satisfactory compliance with the requirements set forth in this Chapter in order to allow the company to collect and/or dispose of waste, garbage and/or refuse, the City shall issue to the company a decal designating the company as an approved Milton hauler in compliance with the City’s solid waste ordinance.