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HomeMy WebLinkAboutAgenda Packet CC - 08/04/2014 - Agenda Packet Joe Lockwood, Mayor CITY COUNCIL Karen Thurman Matt Kunz Bill Lusk Burt Hewitt Joe Longoria Rick Mohrig CITY COUNCIL CHAMBERS City Hall, Suite 107D Monday, August 4, 2014 Regular Council Meeting Agenda 6:00 PM INVOCATION - Remco Brommet, Chaplain for City of Milton Police and Fire CALL TO ORDER 1) ROLL CALL 2) PLEDGE OF ALLEGIANCE (Led by Mayor Joe Lockwood) 3) APPROVAL OF MEETING AGENDA (Add or remove items from the agenda) (Agenda Item No. 14-214) 4) PUBLIC COMMENT 5) CONSENT AGENDA 1. Approval of the June 16, 2014 City Council Regular Meeting Minutes. (Agenda Item No. 14-215) (Sudie Gordon, City Clerk) MILTON CITY COUNCIL REGULAR COUNCIL MEETING AUGUST 4 , 2014 Page 2 of 4 Persons needing special accommodations in order to participate in any City meeting should call 678-242-2500. 2. Approval of the July 7, 2014 City Council Regular Meeting Minutes. (Agenda Item No. 14-216) (Sudie Gordon, City Clerk) 3. Approval of a Professional Services Agreement between the City of Milton and Timothy Haahs & Associates, Inc. to Provide Professional Architectural Services for the Planning of Parking Facilities in the Crabapple Area. (Agenda Item No. 14-217) (Carter Lucas, Public Works Director) 4. Approval of a Professional Services Agreement between the City of Milton and Moreland Altobelli Associates, Inc. Birmingham Road Bridge Design (3 locations). (Agenda Item No. 14-218) (Carter Lucas, Public Works Director) 5. Approval of a Professional Services Agreement between the City of Milton Layne Inliner, LLC for Cured-In-Place Pipe Lining: Nix Road and Glencreek Way. (Agenda Item No. 14-219) (Carter Lucas, Public Works Director) 6. Approval of a Settlement on the Consent Final Order and Judgment of the Condemnation of 0.277 Acres of Right of Way, 0.119 acres of Temporary Construction Easement and 0.030 Acres of Temporary Driveway Easement at Parcel 4 on Hopewell Road from Robert R. Grisel, Mortgage Electronic Registration Systems, Inc., Branch Banking and Trust Company and Arthur E. Ferdinand as Fulton County Tax Commissioner in the Amount of $25,000. (Agenda Item No. 14-220) (Carter Lucas, Public Works Director) 7. Approval of a Professional Services Agreement between the City of Milton and Tunnell, Spangler & Associates, Inc. for the Purpose of Providing Professional Planning Services for the Arnold Mill Corridor and Route 9 North Study Areas. (Agenda Item No. 14-221) (Kathleen Field, Community Development Director) MILTON CITY COUNCIL REGULAR COUNCIL MEETING AUGUST 4 , 2014 Page 3 of 4 Persons needing special accommodations in order to participate in any City meeting should call 678-242-2500. 8. Approval of the Following Subdivision Plats: Name of Development Action Comments Blue Valley Phase I Revision 1. Add lot 98 2. Correct area of 2.59 acre common area Heritage at Crabapple Revision 1. Correct side setback on west line of lot 49 2. Revise lot lines of lots 45 &46 to create an additional common area 3. Adjust private D.E. across lots 45,46 and common area Two Fields Farm Minor Subdivision Plat Create two lots Deerfield Green Phase IV Final Plat Create 81 lots Cochran Place Minor Subdivision Plat Create two lots Hayfield Subdivision Extension (Phase II) Final plat Create 21 lots (Agenda Item No. 14-222) (Kathleen Field, Community Development Director) 6) REPORTS AND PRESENTATIONS 1. Discussion of Park Field Surfaces. (Carter Lucas, Public Works Director and Jim Cregge, Parks & Recreation Director) 7) FIRST PRESENTATION 1. Consideration of U14-01/VC14-02 – 14505 Batesville Road, by LRF Milton, LLC – To Operate a bed and breakfast (Sec. 64-1802) with Four Guest Rooms within an Existing Home and a Concurrent Variance to Increase the Building Setback along Batesville Road from 20 Feet to 400 Feet [Sec. 64-1145(3)(a)]. (Agenda Item No. 14-223) (Kathleen Field, Community Development Director) 2. Consideration of RZ14-12 – To Amend Article XIX – Crabapple Form Based Code. (Agenda Item No. 14-224) (Kathleen Field, Community Development Director) 3. Consideration of RZ14-13 – To Amend Article XX – Deerfield Form Based Code. (Agenda Item No. 14-225) (Kathleen Field, Community Development Director) MILTON CITY COUNCIL REGULAR COUNCIL MEETING AUGUST 4 , 2014 Page 4 of 4 Persons needing special accommodations in order to participate in any City meeting should call 678-242-2500. 8) PUBLIC HEARING THIRD PUBLIC HEARING 1. Consideration of an Ordinance of the Mayor and Council of the City of Milton, Georgia to Establish the Ad Valorem Tax Rate of the City of Milton for Fiscal Year 2014, and for Other Purposes. (Agenda Item No. 14-194) (First Presentation at July 7, 2014 Regular City Council Meeting) (First Public Hearing Held at July 7, 2014 Regular City Council Meeting) (Second Public Hearing Held at July 21, 2014 Regular City Council Meeting) (Stacey Inglis, Assistant City Manager) 9) ZONING AGENDA (None) 10) UNFINISHED BUSINESS 1. Consideration of an Ordinance of the Mayor and Council of the City of Milton, Georgia to Establish the Ad Valorem Tax Rate of the City of Milton for Fiscal Year 2014, and for Other Purposes. (Agenda Item No. 14-194) (First Presentation at July 7, 2014 Regular City Council Meeting) (First Public Hearing Held at July 7, 2014 Regular City Council Meeting) (Second Public Hearing Held at July 21, 2014 Regular City Council Meeting) (Third Public Hearing Held at August 4, 2014 Regular City Council Meeting) (Stacey Inglis, Assistant City Manager) 11) NEW BUSINESS (None) 12) MAYOR AND COUNCIL REPORTS 13) STAFF REPORTS 14) EXECUTIVE SESSION (if needed) 15) ADJOURNMENT (Agenda Item No. 14-226) The minutes were provided electronically HOME OF ' FSTAM ISH ED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: July 29, 2014 FROM: City Manager AGENDA ITEM: Approval of a Professional Services Agreement between the City of Milton and Timothy Haahs & Associates, Inc. to Provide Professional Architectural Services for the Planning of Parking Facilities in the Crabapple Area. MEETING DATE: Monday, August 4, 2014 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: {APPROVED () NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: YES () NO CITY ATTORNEY REVIEW REQUIRED: YES {) NO APPROVAL BY CITY ATTORNEY APPROVED () NOT APPROVED PLACED ON AGENDA FOR: 080,04 REMARKS Q04 ©-*YouEM*** PHONE: 678.242.25001 FAX: 678.242.2499 Gi eed info@cityofmiltonga.us I www.cltyofmlltonga.us u� rte® Communityi 13000 Deerfield Parkway, Suite 107 I Milton GA 30004 Page 1 of 1 To: Honorable Mayor and City Council Members From: Carter Lucas, Public Works Director Date: Submitted on July 29, 2014 for the August 4, 2014 Regular Council Meeting Agenda Item: Approval of a Professional Services Agreement between the City of Milton and Timothy Haahs & Associates, Inc. to Provide Professional Architectural Services for the Planning of Parking Facilities in the Crabapple Area ____________________________________________________________________________ Department Recommendation: Approval. Executive Summary: With the development of City Hall and new transportation facilities in the Crabapple area the need for parking will become critical to the development of the downtown Crabapple area. This study will provide the land planning, feasibility and cost evaluations of various parking alternatives for the area. Funding and Fiscal Impact: Cost not to exceed $7,500. Funding for this project is available in the Capital Projects fund. Alternatives: There are no alternatives to this project. Legal Review: Jarrard & Davis, LLP – Paul Higbee, 7/15/2014 Concurrent Review: Chris Lagerbloom, City Manager Attachment(s): Professional Services Agreement MEOPTHE Hol V l� 1 ALTON*kFu ESTABLISHED 2006 PROFESSIONAL SERVICES AGREEMENT Crabapple Area Parking Planning Services This Professional Services Agreement (the "Agreement") is made and entered into this I b 1� day of 2014, by and between the CITY OF MILTON, GEORGIA (hereinafter referred to as the "(Aty"), and Timothy Haahs & Associates, Inc. (hereinafter referred to as the "Consultant"). WITNESSETH THAT: WHEREAS, the City desires to employ a Consultant to perform the services described herein (the "Work"); and WHEREAS, Consultant 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 Consultant, in consideration of the mutual promises contained herein and other good and valuable consideration, the sufficiency of which is hereby acknowledged, agree as follows: Section 1. Contract Documents: This Agreement and the following named Exhibits, attached hereto and incorporated herein by reference, constitute the "Contract Documents": EXHIBIT A WORK DESCRIPTION EXHIBIT B INSURANCE CERTIFICATE EXHIBIT C CONSULTANT AFFIDAVIT AND AGREEMENT EXHIBIT D SUBCONTRACTOR AFFIDAVIT To the extent that there may be any conflict among the Contract Documents, the provision operating most to the benefit of the City shall govern. Section 2. The Work: Consultant shall provide all Work described in the Contract Documents. Unless otherwise stated in the Contract Documents, the Work shall include Consultant's provision of materials, labor, expenses, and any other cost or item necessary to complete the Work, which is generally described as a parking assessment and report for the Crabapple area as further detailed in Exhibit "A". Section 3. Contract Time: Consultant 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 45 days of the "Notice to Proceed". Section 4. Work Changes: Any changes to the Work requiring an increase in the Contract Price, as defined below, shall require a written change order executed by the City in accordance with its purchasing regulations. Section 5. Compensation and Method of Payment: City agrees to pay Consultant for the services performed and costs incurred by Consultant upon the City's certification that the services were actually performed and costs actually incurred in accordance with this Agreement. Compensation for services performed and, if applicable, reimbursement for costs incurred shall be paid to Consultant upon the City's receipt and approval of an invoice, submitted upon completion of the Work, setting forth in detail the Page 1 of 6 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, $7,500 (the "Contract Price"), except as outlined in Section 4 above. Consultant shall take no calculated risk in the performance of the Work. Specifically, Consultant agrees that in the event it cannot perform the Work within the budgetary limitations established without disregarding sound principles of Consultant's industry, Consultant will give written notice thereof immediately to the City. Section 6. Covenants of Consultant A. Assigmnent of Agreement: Consultant covenants and agrees not to assign or transfer any interest in, nor delegate any duties of this Agreement, without the prior express written consent of the City. B. Responsibility of Consultant and Indemnification of City: Consultant covenants and agrees to take and assume all responsibility for the services rendered in connection with the Work. Consultant shall bear all losses and damages directly resulting to it on account of the negligent performance or character of the services rendered pursuant to this Agreement. Consultant shall defend, indemnify and hold harmless the City, its officers, boards, commissions, elected and appointed officials, employees and agents from and against any and all claims, suits, actions, liability, judgments, damages, losses, and expenses, including but not limited to, reasonable attorney's fees, which are the result of willful or negligent acts, or tortious conduct to the extent arising out of the negligent performance of contracted services, or operations by Consultant, any sub -consultant, anyone directly employed by Consultant or sub -consultant or anyone for whose negligent acts Consultant or sub -consultant may be liable, regardless of whether or not the negligent act is caused in part by a party indemnified hereunder. Consultant shall not be required to indemnify the City or its officers, boards, commissions, elected or appointed officials, employees or agents against liability or claims for damages, losses, or expenses, including attorney fees, arising out of bodily injury to persons, death, or damage to property caused by or resulting from the sole negligence of the City or its officers, boards, commissions, elected or appointed officials, employees or agents. C. Independent Consultant: Consultant hereby covenants and declares that it is engaged in an independent business and agrees to perform the Work as an independent Consultant, not as agent or employee of City. Inasmuch as City and Consultant are parties 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. Consultant 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. Consultant shall assume full liability for any contracts or agreements Consultant enters into on behalf of City without the express knowledge and prior written consent of City. D. Insurance: Consultant 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: Consultant 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. Consultant shall comply with applicable legal requirements and meet the standard of quality ordinarily expected of its industry. Page 2 of 6 F. Ownership of Work: All reports, drawings, specifications, and other items prepared or in the. process of being prepared for the Work by Consultant ("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 Consultant agrees to execute any additional documents necessary to evidence such assignment. G. Consultant's Representative: Michael Martindill shall be authorized to act on Consultant's behalf with respect to the Work as Consultant's designated representative. H. Confidentiality: Consultant 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 sub -consultants, consultants, and/or staff to likewise protect such confidential information. I. Meetings: Consultant 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. Standard of Care: In providing services under this Agreement, the Consultant shall perform in a manner consistent with that degree of care and skill ordinarily exercised by members of the same profession currently practicing under similar circumstances at the same time and in the same or similar locality. Section 8. Termination: The City may terminate this Agreement for convenience at any time upon written notice to Consultant. Provided that no damages are due to the City for Consultant's breach of this Agreement, the City shall pay Consultant for Work performed to date in accordance with Section 5 herein. Section 9. Miscellaneous A. Governing Law. This Agreement shall be governed by the laws of the State of Georgia. B. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original, but all of which together shall constitute one and the same instrument. C. Sovereign 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. E -Verify Affidavits. It is the policy of the City of Milton that unauthorized aliens shall not be employed to perform work on City contracts involving the physical performance of services. Therefore, the City shall not enter into a contract for the physical performance of services within the State of Georgia unless: (1) the Consultant 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 Consultant's subcontractors have conducted a verification, under the federal Employment Eligibility Verification ("EEV" or "E - Verify") program, of the social security numbers, or other identifying information now or hereafter accepted by the E -Verify program, of all employees who will Page 3 of 6 perform work on the City contract to ensure that no unauthorized aliens will be employed, or (2) the Consultant 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 Consultant 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, Consultant 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 Consultant employs or contracts with any subcontractor(s) in connection with the covered contract, the Consultant 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 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, Consultant agrees to provide a completed copy to the City within five (5) business days of receipt from any subcontractor. Where Consultant 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 Consultant's and Consultant's subcontractors' verification process at any time to determine that the verification was correct and complete. The Consultant and Consultant'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 Consultant 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 Consultant or Consultant's subcontractors employ unauthorized aliens on City contracts. By entering into a contract with the City, the Consultant and Consultant's subcontractors agree to cooperate with any such investigation by making their records and personnel available upon reasonable notice for inspection and questioning. Where a Consultant or Consultant'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 Consultant's failure to cooperate with the investigation may be sanctioned by termination of the contract, and the Consultant shall be liable for all damages and delays occasioned by the City thereby. Consultant agrees that the employee -number category designated below is applicable to the Consultant. [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. Page 4 of 6 Consultant hereby agrees that, in the event Consultant 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 Consultant will secure from the subcontractor(s) such subcontractor(s') indication of the above employee -number category that is applicable to the subcontractor. The above requirements shall be in addition to the requirements of State and federal law, and shall be construed to be in conformity with those laws. E. Nondiscrimination. In accordance with Title VI of the Civil Rights Act, as amended, 42 U.S.C. § 2000d, section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6102, section 202 of the Americans with Disabilities Act of 1990, 42 U.S.C. § 12132, and all other provisions of Federal law, the Consultant agrees that, during performance of this Agreement, Consultant, for itself, its assignees and successors in interest, will not discriminate against any employee or applicant for employment, any subcontractor, or any supplier because of race, color, creed, national origin, gender, age or disability. In addition, Consultant agrees to comply with all applicable implementing regulations and shall include the provisions of this Section 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. [SIGNATURES ON THE FOLLOWING PAGE] Page 5 of 6 Timothy Haahs & Associates, Inc. . 7- '1,- DI a x z Ti othy H. Haa s, President Attest: 94 J i J. Ha hs, Secretary CITY OF MILTON, GEORGIA Joe Lockwood, Mayor [AFFIX CORPORATE SEAL] Page 6 of 6 Exhibit "A" Work Description Ju[y3,2014' Ms. Kalhteen iietd: i►ecforof`GomnnnaE.,l iiii l4 pmertf c�ty:at;rurnein; 13Dm Deerfietd t'arkvrpy 8u0:1;07F Mi1Fan �A-,3000¢ RE: Park'wgPllann-wg:Serwkes: D6wnk iiin M06 -n. Pear Thanla far including, us on your. femni As we discussed;, please find he Min oyr. mop g, paridng concepts and proviefing peaking: planning serades forthe new Downtown Wom Whaf,anezc l" project? $t:OPE'OF:WOItIE 1. WorUng fromihe'master plan developed by -Sob B sceM! and infeodrig with ycai Chris and,Cv ter develop porfail garage concepts that wil'* cn two. -to threesites fo ite,,hew:Dom-fown hAiltan': 2 Rased on the identified site(sj,-deveiop canceptucdsbewhesfor 0 new Garage tha t ivi a[usirate oi-htOfldM mnembef'cf levek, number of sptrCes:and fFie, potentiol,for adding a, greitindtioor liner (lR das&ed 3 MeetwithBoisHu3eenii{aneiaiheisj#ad>(cuss'curideasfcrp[aoemeM,shared ire. arohitectur street gexinecfions, a_ nd t�e integreai[on o€csthet uses adjd&gn ta:the garage succi as retail ©r office_. #; Provide our apmrgrr oaf p►o1 ialbte corisfruc#ion .oasts ope"Or!g CirW. , res, and �ff costs.fo;Fielp rri the development of_ f a project pro #aina. 5. Provide eutrecommendations and pwspectWwon financing .bcih pubJia and ra pmte..and itie cipocrkn hies for delivenng'the garage using'a puk ScJpnvate gartnershjps 6 Assemlate aE of our inforination into a report and share the sarne vWKyou for reVWWrond dacuss gn_. s,%ft yop to dlscuss::ourfind ngsand recommehdaficnson how icL move forivaref: F L Alt IIIflG I Ei1 13114E E 511 1I G I Aft 0 1= 17 E C T IJ R F I r-t,7,H1 rl r, My 3,2014 PagE 2 PROFES90MAI FEE W e.v.6 perlOCM the work described herein for *e Jump sum fee of 47—Ka. AMUOWA'HON Trw UnP the aabovei s saWbotory, jok-we sign.: rehun one copy as .our r to p---d- Narnelfflik. Date: W you have. any questions, pleamfeel fme. to. contact MF.-. We look fofWCrd;to - A.A'H*bL-1. D-Marlindill Vice Pies f TImHai. p"s Exhibit "B" Insurance Certificate EXHIBIT "C" CONTRACTOR AFFIDAVIT AND AGREEMENT STATE OF GEORGIA CITY OF MILTON By executing this affidavit, the undersigned contractor verifies its compliance with O.C.G.A. § 13-10-91, stating affirmatively that the individual, firm, or corporation which is engaged in the physical performance of services on behalf of the City of Milton has registered with, is authorized to use and uses the federal work authorization program commonly known as E -Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91. Furthermore, the undersigned contractor will continue to use the federal work authorization program throughout the contract period and the undersigned contractor will contract for the physical performance of services in satisfaction of such contract only with subcontractors who present an affidavit to the contractor with the information required by O.C.G.A. § 13-10-91(b). Contractor hereby attests that its federal work authorization user identification number and date of authorization are as follows: 35 1 Daa eVerify Number F// (' //o Date of Authorization Timothy Haahs & Associates, h►c. Name of Contractor Crabapple Area Parking Planning Services Name of Project City of Milton Name of Public Employer I hereby declare under penalty of perjury that the foregoing is trw and correct. Executed on Ott II201-4in tiLl (city), rA (state). J afore of Autho ' ed Officer or Agent Jdn i s . I-- a a h, VP/Gro Printed Name and Title of Authorized Officer or Agent SUBSCRI3EI),A�JD(per IDSWORN BEFORE ME ON THIS THE J AY OF 2O1µ.. / C.� NOTARY PVC [NOTARYSEAL] COMMONWEALTH OF PENNSYLVANIA Notarial Seal Ashley Mdiugh, Notary Public My omnn y a�Montgom� County bVres May 3, 2015 k A ON OF ARIES <51311S 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 Timothy Haahs & Associates, Inc. on behalf of the City of Milton has registered with, is authorized to use and uses the federal work authorization program commonly known as E -Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91. Furthermore, the undersigned subcontractor will continue to use the federal work authorization program throughout the contract period, and the undersigned subcontractor will contract for the physical performance of services in satisfaction of such contract only with sub -subcontractors who present an affidavit to the subcontractor with the information required by O.C.G.A. § 13-10-91(b). Additionally, the undersigned subcontractor will forward notice of the receipt of an affidavit from a sub -subcontractor to the contractor within five (5) business days of receipt. If the undersigned subcontractor receives notice that a sub -subcontractor has received an affidavit from any other contracted sub -subcontractor, the undersigned subcontractor must forward, within five (5) business days of receipt, a copy of the notice to the contractor. Subcontractor hereby attests that its federal work authorization user identification number and date of authorization are as follows: eVerify Number Date of Authorization Name of Subcontractor Crabapple Area Parking Planning Services Name of Project City of Milton Name of Public Employer I hereby declare under penalty of perjury that the foregoing is true and correct. Executed on 201 in (city), (state). Signature of Authorized Officer or Agent Printed Name and Title of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE DAY OF ,201 NOTARY PUBLIC [NOTARY SEAL] My Commission Expires: M HOME OF ' ESTABLISH ED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: July 28, 2014 FROM: City Manager AGENDA ITEM: Approval of a Professional Services Agreement between the City of Milton and Moreland Altobelli Associates, Inc. Birmingham Road Bridge Design (3 locations) MEETING DATE: Monday, August 4, 2014 Regular City Council Meeting BACKGROUND INFORMATION. (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: AAPPROVED () NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: (WYES () NO CITY ATTORNEY REVIEW REQUIRED: R YES O NO APPROVAL BY CITY ATTORNEY XAPPROVED () NOT APPROVED PLACED ON AGENDA FOR: REMARKS YOUEM * * 2ilict� * FOP.tOU PHONE: 678.242.25001 FAX: 678.242.2499 Green_ v city e Ethics �� - infoftityofmiltonga.us I www.ciN'ILDLIH Community 1fyofmilfonga.us 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 To: Honorable Mayor and City Council Members From: Carter Lucas, PE - Public Works Director Date: Submitted on July 23, 2014 for the August 4, 2014 Regular Council Meeting Agenda Item: Approval of a Professional Services Agreement between the City of Milton and Moreland Altobelli Associates, Inc. Birmingham Road Bridge Design (3 locations) ____________________________________________________________________________ Department Recommendation: Approval. Executive Summary: The project is to perform survey and engineering services for the concept design of the replacement of 3 bridges located on Birmingham Road in the City of Milton. All 3 of these bridges have structural deficiencies and restricted hydraulic and vehicular capacities. Replacement of these bridges will permit better vehicular and pedestrian traffic movements and will provide for a safer transportation system. In accordance with the city procurement procedures a Request for Proposals (with a separate sealed bid price) was advertised for 2 weeks. There were 11 firms which submitted proper responses to the advertisement. The submittals were reviewed, evaluated and scored by Public Work staff. After consideration of firm qualifications and price, Moreland Altobelli Associates, Inc. was determined to be the firm with the highest overall score (and also the lowest bid price). The bid price for performing the specified scope of services was $51,615.00. Staff is recommending approval of a Professional Services Agreement with Moreland-Altobelli Associates, Inc. in the amount of $51,615.00. Page 2 of 2 Proposal Bid Evaluation Summary Firm Cost ($) Total Score URS 98,774 81.06 Columbia Engineering 139,846 74.23 Stantec 116,788 73.55 Moreland Altobeli 51,615 87.00 Hatch Mott McDonald 79,374 72.76 Heath & Lineback 69,400 75.09 TY Lin 164,800 63.33 KCI 141,877 61.60 Keck and Wood 195,000 58.62 Long Engineering 159,900 55.07 Crescent View Engineering 199,687 51.96 Funding and Fiscal Impact: Funding for this project is available in the Public Works Capital budget. Alternatives: None. Legal Review: Jarrard & Davis, LLP – Paul Higbee, 7/15/2014 Concurrent Review: Chris Lagerbloom – City Manager Attachment(s): Professional Services Agreement HOME OF' THE BEST QUALITY OF LIFE IN GEORGIA' AA I Lro IN ON ESTABLISHED 2006 PROFESSIONAL SERVICES AGREEMENT BIRMINGHAM ROAD BRIDGE DESIGN 3 LOCATIONS This Agreement made and entered into this day of , in the year 2014, by and between The City of Milton, Georgia (sometimes referred to herein as the "City"), having its principle place of business at 13000 Deerfield Parkway Suite 107G, Milton GA 30004 and Moreland Altobelli Associates, Inc. ("Consultant") having its principle place of business at 2211 Beaver Ruin Road, Suite 190, Norcross, Georgia 30071. WHEREAS, the City issued a Request for Proposals, to solicit professional bridge design services at three locations along Birmingham Road; and WHEREAS, based upon Consultant's bid to provide the services as required by the RFP documents, the City has selected Consultant as the winning bidder, and WHEREAS, Consultant has agreed to perform such work as set forth in this Agreement, according to the terms and conditions provided in this Agreement; and WHEREAS, Consultant has familiarized itself with the nature and extent of the Contract Documents, the Project, and the Work, with all local conditions and federal, state and local laws, ordinances, rules and regulations in any manner that may affect cost, progress or performance of work, and Consultant is aware that he must be licensed to do business in the State of Georgia. NOW THEREFORE, the City and Consultant, in consideration of the mutual promises contained herein and other good and valuable consideration, the sufficiency of which is hereby acknowledged, agree as follows: 1.0 Contract Documents This Agreement and the following named Exhibits, attached hereto and incorporated herein by reference, constitute the "Contract Documents": EXHIBIT A REQUEST FOR BID/SCOPE OF WORK EXHIBIT B RESPONSE TO BID/FEE SCHEDULE EXHIBIT C CONSULTANT AFFIDAVIT EXHIBIT D SUBCONSULTANT AFFIDAVIT EXHIBIT E TITLE VI REQUIREMENTS To the extent that there may be any conflict among the Contract Documents, the provision operating most to the benefit of the City shall govern. 2.0 Scope of Work; Compensation 2.1 The Consultant agrees to provide all Services specified in Exhibit "A." No payments will be made for unauthorized work. Invoices should be submitted to Rick Pearce, 13000 Deerfield Parkway, Milton GA 30004, for approval. Payment will be sent to the designated address by U. S. Mail only; payment will not be hand -delivered. 2.2 City agrees to pay Consultant for the services performed and costs incurred by Consultant upon the City's certification that the services were actually performed and costs actually incurred in accordance with this Agreement. Compensation for services performed and, if applicable, reimbursement for costs incurred shall be paid to Consultant upon the City's receipt and approval of an invoice, submitted upon completion of the Work, setting forth in detail the services performed and costs incurred. Invoices shall reflect charges incurred versus charges budgeted. The total amount paid under this Agreement for the Work shall not, in any case, exceed a lump sum fee of $51,615 (the "Contract Price") for the following tasks without prior written approval from the City. Task 1- Field Run Survey Task 2- Geotechnical Investigation Task 3- Preliminary Engineering and Design Task 4- Concept Report Task 5 -Final Engineering Design and Construction Documents (Not Included at this time) Task 6 -Right of Way Acquisition Services (Not Included at this time) 2.3 Consultant shall take no calculated risk in the performance of the Work. Specifically, Consultant agrees that in the event it cannot perform the Work within the budgetary limitations established without disregarding sound principles of Consultant's industry, Consultant will give written notice thereof immediately to the City. 2.4 The City reserves the right to order changes in the Work to be performed under this Agreement by altering, adding to, or deducting from the Work. All such changes shall be incorporated in written change orders executed by the Consultant and the City. Such change orders shall specify the changes ordered and any necessary adjustment of compensation and completion time. If the Parties cannot reach an agreement on the terms for performing the changed work within a reasonable time to avoid delay or other unfavorable impacts as determined by the City in its sole discretion, the City shall have the right to determine reasonable terms and the Consultant shall proceed with the changed work. 2.5 Any work added to the scope of this Agreement by a change order shall be executed under all the applicable conditions of this Agreement. No claim for additional compensation or extension of time shall be recognized, unless contained in a written change order duly executed on behalf of the City and the Consultant. 2.6 The City Manager has authority to execute without further action of the Milton City Council, any number of change orders so long as their total effect does not materially alter the terms of this Agreement or materially increase the total amount to be paid under this Agreement. 2 Any such change orders materially altering the terms of this Agreement or increasing the total amount to be paid under this Agreement in excess of $25,000, must be approved by resolution of the Milton City Council. 3.0 Independent Contractor 3.1. The Consultant is an independent Contractor. The Consultant is not an employee, agent or representative of the City of Milton. The Consultant shall obtain and maintain, at the Consultant's expense, all permits, license or approvals that may be necessary for the performance of the services. 3.2 Inasmuch as the City of Milton and the Consultant are entities independent of one another, neither has the authority to bind the other to any third person or otherwise to act in any way as the representative of the other, unless otherwise expressly agreed to in writing signed by both parties hereto. The Consultant agrees not to represent itself as the City's agent for any purpose to any party or to allow any employee of the Consultant to do so, unless specifically authorized, in advance and in writing, to do so, and then only for the limited purpose stated in such authorization. The Consultant shall assume full liability for any contracts or agreements the Consultant enters into on behalf of the City of Milton without the express knowledge and prior written consent of the City. 4.0 Indemnification The Consultant covenants and agrees to take and assume all responsibility for the services rendered in connection with this Agreement. The Consultant shall bear all losses and damages directly or indirectly resulting to it on account of the performance or character of the services rendered pursuant to this Agreement. Consultant shall defend, indemnify and hold harmless the City, its officers, boards, commissions, elected and appointed officials, employees and agents from and against any and all claims, suits, actions, liability, judgments, damages, losses, and expenses, including but not limited to, attorney's fees, which may be the result of willful, negligent or tortious conduct arising out of the Work, performance of contracted services, or operations by the Consultant, any sub -consultant, anyone directly or indirectly employed by the Consultant or sub -consultant or anyone for whose acts the Consultant or sub -consultant may be liable, regardless of whether or not the offending act is caused in part by a party indemnified hereunder. Such obligation shall not be construed to negate, abridge, or otherwise reduce any other right or obligation of indemnity which would otherwise exist as to any party or person described in this provision. In any and all claims against the City or any of its agents or employees, by any employee of the Consultant, any sub -consultant, anyone directly or indirectly employed by the Consultant or sub -consultant or anyone for whose acts the Consultant or sub - consultant may be liable, the indemnification obligation set forth in this provision shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the Consultant or any sub -consultant under workers' or workmen's compensation acts, disability benefit acts or other employee benefit acts. This obligation to indemnify and defend the City, its members, officers, agents, employees and volunteers shall survive termination of this Agreement. 3 5.0 Insurance (1) Requirements: The Consultant shall have and maintain in full force and effect for the duration of this Agreement, insurance insuring against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Work by the Consultant, its agents, representatives, employees or sub -consultants. All policies shall be subject to approval by the City Attorney to form and content. These requirements are subject to amendment or waiver if so approved in writing by the City Manager. (2) Minimum Limits of Insurance: Consultant shall maintain limits no less than: (a) Comprehensive General Liability of $1,000,000 combined single limit per occurrence for bodily and personal injury, sickness, disease or death, injury to or destruction of property, including loss of use resulting there from. (b) Comprehensive Automobile Liability (owned, non -owned, hired) of $1,000,000 combined single limit per occurrence for bodily and personal injury, sickness, disease or death, injury to or destruction of property, including loss of use resulting there from. (c) Professional Liability of $1,000,000 limit for claims arising out of professional services caused by the Consultant's errors, omissions, or negligent acts. (d) Workers' Compensation limits as required by the State of Georgia and employers Liability limits of $1,000,000 per accident. (3) Deductibles and Self -Insured Retentions: Any deductibles or self-insured retentions must be declared to and approved by the City. (4) Other Insurance Provisions: The policy is to contain, or be endorsed to contain, the following provisions: (a) General Liability and Automobile Liability Coverage. 4 (i) The City, its officials, employees, agents and volunteers are to be covered as insured as respects: liability arising out of activities performed by or on behalf of the Consultant; products and completed operations of the Consultant; premises owned, leased, or used by the Consultant; automobiles owned, leased, hired, or borrowed by the Consultant. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officials, employees, agents or volunteers. (ii) The Consultant's insurance coverage shall be primary noncontributing insurance as respects to any other insurance or self-insurance available to the City, its officials, employees, agents or volunteers. Any insurance or self-insurance maintained by the City, its officials, employees or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. (iii) Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its officials, employees, agents or volunteers. (iv) Coverage shall state that the Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (v) Coverage shall be provided on a "pay on behalf' basis, with defense costs payable in addition to policy limits. There shall be no cross liability exclusion. (vi) The insurer agrees to waive all rights of subrogation against the City, its officials, employees, agents and volunteers for losses arising from work performed by the Consultant for the City. (vii) All endorsements to policies shall be executed by an authorized representative of the insurer. (b) Workers' Compensation Coverage. The insurer will agree to waive all rights of subrogation against the City, its officials, employees, agents and volunteers for losses arising from work performed by the Consultant for the City. (c) All Coverages. (i) Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled, reduced in coverage or in limits except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. (ii) Policies shall have concurrent starting and ending dates. (iii) Policies shall include an endorsement incorporating the Indemnification obligations assumed by the Consultant under the terms of this Agreement, including but not limited to Section 4 of this Agreement. (5) Acceptability of Insurers: Insurance is to be placed with insurers with an A.M. Bests' rating of no less than ANIL (6) Verification of Coverage: Consultant shall furnish the City with certificates of insurance and endorsements to the policies evidencing coverage required by this clause prior to the start of work. The certificates of insurance and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificate of insurance and endorsements shall be on a form utilized by Consultant's insurer in its normal course of business and shall be received and approved by the City prior to execution of this Agreement by the City. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. The Consultant shall provide proof that any expiring coverage has been renewed or replaced at least two (2) weeks prior to the expiration of the coverage. (7) Sub -consultants: Consultant shall include all sub -consultants as insured under its policies or shall furnish separate certificates and endorsements for each sub -consultant. All coverage for sub -consultants shall be subject to all of the requirements stated in this Agreement, including but not limited to naming the parties as additional insured. (8) Claims -Made Policies: Consultant shall extend any claims -made insurance policy for at least six (6) years after termination or final payment under the Agreement, whichever is later. (9) City as Additional Insured and Loss Page: The City shall be named as an additional insured and loss payee on all policies required by this Agreement. RJ 6.0 Term; Termination The term of this Agreement shall be from the date the city issues a Notice to Proceed and shall terminate absolutely and without further obligation on the part of the City on December 31, 2014, provided that this Agreement, absent written notice of non -renewal provided by the City to Consultant at least thirty (30) days prior to December 31, 2014, shall automatically renew on January 1, 2015 to December 31, 2015. Except as otherwise provided for in Exhibit "A", the City may terminate this Agreement upon a breach of any provision of this Agreement by Consultant and Consultant's subsequent failure to cure such breach within fifteen (15) days of receipt from the City of a written notice of the breach. Title to any supplies, materials, equipment, or other personal property shall remain in the Consultant until fully paid by the City. 7.0 Compliance with All Laws and Licenses The Consultant must obtain all necessary licenses and comply with local, state and federal requirements. The Consultant shall comply with all laws, rules and regulations of any governmental entity pertaining to its performance under this Agreement. 8.0 Assignment The Consultant shall not assign or subcontract the whole or any part of this Agreement without the City of Milton's prior written consent. 9.0 Amendments in Writing No amendments to this Agreement shall be effective unless it is in writing and signed by duly authorized representatives of the parties. 10.0 Expertise of Consultant Consultant accepts the relationship of trust and confidence established between it and the City, recognizing that the City's intention and purpose in entering into this Agreement is to engage an entity with the requisite capacity, experience, and professional skill and judgment to provide the services in pursuit of the timely and competent completion of the Work undertaken by Consultant under this Agreement. 11.0 Governing Law This Agreement shall be governed in all respects by the laws of the State of Georgia. 12.0 Interpretation of Documents In the event of a conflict in language between this Agreement and any exhibit to this Agreement, the provisions most favorable to the City shall govern. 13.0 Entire Agreement This Agreement constitutes the entire Agreement between the parties with respect to the subject matter contained herein; all prior agreements, representations, statements, negotiations, and undertakings are suspended hereby. Neither party has relied on any representation, promise, nor inducement not contained herein. 14.0 Waiver of Agreement The City's failure to enforce any provision of this Agreement or the waiver in a particular instance shall not be construed as a general waiver of any future breach or default. 15.0 Sovereign Immunity Nothing contained in this Agreement shall be construed to be a waiver of the City's sovereign immunity or any individual's qualified good faith or official immunities. 16.0 Notices All other notices, writings or correspondence as required by this Agreement shall be in writing and shall be deemed received, and shall be effective, when: (1) personally delivered, or (2) on the third day after the postmark date when mailed by certified mail, postage prepaid, return receipt requested, or (3) upon actual delivery when sent via national overnight commercial carrier to the Parties at the addresses given below, unless a substitute address shall first be furnished to the other Parties by written notice in accordance herewith: NOTICE TO THE CITY shall be sent to: City Manager City of Milton 13000 Deerfield Parkway, Suite 107F Milton, Georgia 30004 NOTICE TO THE CONSULTANT shall be sent to: Moreland Altobelli Associates, Inc. 2211 Beaver Ruin Road Suite 190 Norcross, Georgia 30071 17.0 No Personal Liability No member, official or employee of the City shall be personally liable to the Consultant or any successor in interest in the event of any default or breach by the City or for any amount which may become due to the Consultant or successor or on any obligation under the terms of this Agreement. Likewise, Consultant's performance of services under this Agreement shall not subject Consultant's individual employees, officers or directors to any personal liability. The Parties agree that their sole and exclusive remedy, claim, demand or suit shall be directed and/or asserted only against Consultant or the City, respectively, and not against any employee, officer, director, or elected or appointed official. 18.0 Employment of Unauthorized Aliens Prohibited (1) E -Verify Affidavit It is the policy of the City of Milton that unauthorized aliens shall not be employed to perform work on City contracts involving the physical performance of services. Therefore, the City shall not enter into a contract for the physical performance of services within the State of Georgia unless: (1) the Consultant 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 Consultant's subcontractors have conducted a verification, under the federal Employment Eligibility Verification ("EEV" or "E - Verify") program, of the social security numbers, or other identifying information now or hereafter accepted by the E -Verify program, of all employees who will perform work on the City contract to ensure that no unauthorized aliens will be employed, or (2) the Consultant 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 Consultant 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, Consultant hereby agrees to comply with the requirements of the federal Immigration Reform and Control Act of 1986 (IRCA), P.L. 99-603, O.C.G.A. § 13-10-91 and Rule 300-10-1-.02. In the event the Consultant employs or contracts with any subcontractor(s) in connection with the covered contract, the Consultant 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 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, Consultant agrees to provide a completed copy to the City within five (5) business days of receipt from any subcontractor. Where Consultant 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 Consultant's and Consultant's subcontractors' verification process at any time to determine that the verification was correct and complete. The Consultant and Consultant'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 Consultant 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 Consultant or Consultant's subcontractors employ unauthorized aliens on City contracts. By entering into a contract with the City, the Consultant and Consultant's subcontractors agree to cooperate with any such investigation by making their records and personnel available upon reasonable notice for inspection and questioning. Where a Consultant or Consultant'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 Consultant's failure to cooperate with the investigation may be sanctioned by termination of the contract, and the Consultant shall be liable for all damages and delays occasioned by the City thereby. Consultant agrees that the employee -number category designated below is applicable to the Consultant. [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. Consultant hereby agrees that, in the event Consultant 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 Consultant will secure from the subcontractor(s) such subcontractor(s') indication of the above employee -number category that is applicable to the subcontractor. The above requirements shall be in addition to the requirements of State and federal law, and shall be construed to be in conformity with those laws. 19.0 Nondiscrimination In accordance with Title VI of the Civil Rights Act, as amended, 42 U.S.C. § 2000d, section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6102, section 202 of the 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 19.0 in every subcontract for services contemplated under this Agreement. The parties also agree to comply with the requirements contained in Exhibit "E," attached hereto and incorporated herein by reference. IN IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed by their duly authorized officers as of the day and year set forth next to each signature. [SIGNATURES ON THE FOLLOWING PAGE] II belli Associates, D. Moreland, [AFFIX CORPORATE SEAL] SIGNED SEALED AND DELIVERED In the presence of: Attest: Vickie E. Moreland, Secretary : �a\E�'LE T•4.0 � E7�J1x88 Notary Public i GEORGIA x an [NOTARY SEAL] SEC. My Commission Expires: MILTON CITY COUNCIL: Joe Lockwood, Mayor [CITY SEAL] SIGNED, SEALED, AND DELIVERED In the presence of: Witness Notary Public [NOTARY SEAL] My Commission Expires: 12 EXHIBIT "A" REQUEST FOR BID/SCOPE OF WORK HOME OF 'THE BEST QUALITY OF LIFF IN GEORGIA' MIL TON I * ESTABLISHED its IT OF AULTON REQUEST FOR PROPOSALS (TRIS IS NOT AN ORDER) RFP Number: RFP Title: 14-PW7 Professional Design Services — Birmingham Road Bridges (3) Due Date and Time: Public Works Department May 27, 2014 Number of Pages: 32 Local Time: 2:00pm Milton, Ga. 30004 ISSLiING DEPARTMENT INFORMATION Issue Date: May 5, 2014 City of Milton Phone: 678-242-2500 Public Works Department Fax: 678-242-2499 13000 Deerfield Pkwy, Suite 107G Website: www.cityofmiltonga.us Milton, Ga. 30004 Deadline for Written Questions INSTRUCTIONS TO OFFERORS Return Proposal to: Mark Face of Envelope/Package: Offeror Phone Number: RFP Number: 14-PW7 City of Milton Name of Company or Firm Attn: Rick Pearce, Purchasing Special Instructions: Office Deadline for Written Questions 13000 Deerfield Pkwy May 16, 2014 Suite 107G Email questions to Rick Pearce at Milton, Ga. 30004 rick.pearceAcityofmiltonga.us IMPOR'T'ANT: SEE, STANDARD TERMS AND CONDITIONS OFFERORS MUST COMPLETE THE FOLLOWING Offeror Name/Address: Authorized Offeror Signatory: (Please print name and sign in ink) Offeror Phone Number: Offeror FAX Number: Offeror Federal I.D. Number: Offeror E-mail Address: OFFERORS MUST RE'T'URN THIS COVER SHEET WITH RFP RESPONSE you PHONE: 678.242.25001 FAX: 678.2422494 Green *Cif * InfoOcityoimitiongmus j www.cttyofrnli#anga.us cQmmuni ; 33000 Deerfteld Parkway, Suite 107 1 Milton GA 30004 2 1 RFP 14-PW7 TABLE OF CONTENTS Offeror's RFP Checklist Disclosure Form Proposal Letter Schedule of Events Section 1: Project Overview and Instructions Section 2: RFP Standard Information Section 3: Scope of Project Section 4: Offeror Qualifications Section 5: Cost Proposal Section 6: Evaluation Criteria Section 7: Standard Contract Information Standard Contract 3 j RFP 14-PW7 OFFEROWS RFP CHECKLIST The 10 Most Critical Things to Keep in Mind When Responding to an RFP for the City of Milton 1. Read the entire document. Note critical items such as: mandatory requirements; supplies/services required; submittal dates; number of copies required for submittal; funding amount and source; contract requirements (i.e., contract performance security, insurance requirements, performance and/or reporting requirements, etc.). 2. Note the procurement officer's name, address, phone numbers and e-mail address. This is the only person you are allowed to communicate with regarding the RFP and is an excellent source of information for any questions you may have. 3. Attend the pre -proposal conference if one is offered. These conferences provide an opportunity to ask clarifying questions, obtain a better understanding of the project, or to notify the City of any ambiguities, inconsistencies, or errors in the RFP. 4. Take advantage of the "question and answer" period. Submit your questions to the procurement officer by the due date listed in the Schedule of Events and view the answers given in the formal "addenda" issued for the RFP. All addenda issued for an RFP are posted on the DOAS website at http://ssI.doas.state.ga.us/PRSapp/PR index.jsp and on the City's website at http://Yvvw.cityofmiltonga.us will include all questions asked and answered concerning the RFP. 5. Follow the format required in the RFP when preparing your response. Provide point -by - point responses to all sections in a clear and concise manner. 6. Provide complete answers/descriptions. Read and answer all questions and requirements. Don't assume the City or evaluation committee will know what your company capabilities are or what items/services you can provide, even if you have previously contracted with the City. The submittals are evaluated based solely on the information and materials provided in your response. 7. Use the forms provided, i.e., cover page, sample budget form, certification forms, etc. 8. Check the website for RFP addenda. Before submitting your response, check the DOAS website at http://ssl.doas.state.ga.us/PRSapp/PR_index.jsp and the City website at http://www.cityofmiltonga.us-to see whether any addenda were issued for the RFP. If so, you must submit a signed cover sheet for each addendum issued along with your RFP response. 9. Review and read the RFP document again to make sure that you have addressed all requirements. Your original response and the requested copies must be identical and be complete. The copies are provided to the evaluation committee members and will be used to score your response. 10. Submit your response on time. Note all the dates and times listed in the Schedule of Events and within the document, and be sure to submit all required items on time. Late submittal responses are never accepted. This checklist is provided for assistance only and should not be submitted with Offeror's Response 4 1 RFP 14-PW7 HOME OF'THE 9FST Oi3,a LWY OF LIFE IN' GEORGIAt N) ESTABLISHED 2006 CITY OF MILTON DISCLOSURE FORM MUST BE RETURNED WITH BID This form is for disclosure of campaign contributions and family member relations with City of Milton officials/employees. Please complete this form and return as part of your RFP package when it is submitted. Name of Offeror Name and the official position of the Milton Official to whom the campaign contribution was made (Please use a separate form for each official to whom a contribution has been made in the past two (2) years.) List the dollar amount/value and description of each campaign contribution made over the past two (2) years by the Applicant/Opponent to the named Milton Official. Amount/Value Description Please list any family member that is currently (or has been employed within the last 12 months) by the City of Milton and your relation: 5 1 RFP 14-PW7 HOME OF 'THE BEST QUALITY CSL LIFE IN GEORGIA' MILION*k ESTABLISHED 2006 RFP# I4-PW4 PROPOSAL LETTER (Bidder to sign and return with proposal) We propose to furnish and deliver any and all of the deliverables and services named in the Request for Proposal (RFP) - Professional Design Services — Birmingham Road Bridges. It is understood and agreed that we have read the City's specifications shown or referenced in the RFP and that this proposal is made in accordance with the provisions of such specifications. By our written signature on this proposal, we guarantee and certify that all items included meet or exceed any and all such City specifications. We further agree, if awarded a contract, to deliver goods and services which meet or exceed the specifications. The City reserves the right to reject any or all proposals, waive technicalities, and informalities, and to make an award in the best interest of the city. PROPOSAL SIGNATURE AND CERTIFICATION I understand collusive bidding is a violation of State and Federal Law and can result in fines, prison sentences, and civil damage awards. I agree to abide by all conditions of the proposal and certify that I am authorized to sign for my company. I further certify that the provisions of the Oficial Code of Georgia Annotated, Sections 45-10-20 et. seq. have not been violated and will not be violated in any respect. Authorized Signature Date Print/Type Name. Print/Type Company Name Here 6 1 RFP 14-PW7 SCHEDULE OF EVENTS EVENT RFP Issue Date Deadline for Receipt of Written Questions Posting of Written Answers by City to Websites RFP DUE DATE May 5.2014 5 PM on ME 16.2014 on or about May 20. 2014 No Later than 2 PM on May 27, 2414 NOTE: PLEASE CHECK THE CITY WEBSITE (http://Www.cityofmiltonga.us) OR THE DOAS WEBSITE (http://ssl.doas.state.ga.us/PRSapp/PR_index.jsp) FOR ADDENDA AND SCHEDULE UPDATES. 7 1 RFP 14-PW7 SECTION 1: PROJECT OVERVIEW AND INSTRUCTIONS 1.0 BACKGROUND AND STATEMENT OF INTENT The City of Milton is accepting sealed Proposals from qualified firms to provide Professional Design Services — Birmingham Road Bridges (3). All Offerors must comply with all general and special requirements of the RFP information and instructions enclosed herein. 1.1 SINGLE POINT OF CONTACT From the date this Request for Proposal (RFP) is issued until an offeror is selected, offerors are not allowed to communicate with any City staff or elected officials regarding this procurement, except at the direction of Rick Pearce. Any unauthorized contact may disqualify the offeror from further consideration. Contact information for the single point of contact is as follows: Procurement Office: Rick Pearce Address: 13000 Deerfield Parkway, Suite 107G, Milton, GA 30004 Telephone Number: 678-242-2511 E-mail Address: rick.pearcc@cityofrniltonga.us 1.2 REQUIRED REVIEW A. Review RFP. Offerors should carefully review the instructions; mandatory requirements, specifications, standard terms and conditions, and standard contract set out in this RFP and promptly notify the procurement office identified above via e-mail of any ambiguity, inconsistency, unduly restrictive specifications, or error which they discover upon examination of this RFP. B. Form of Questions. Offerors with questions or requiring clarification or interpretation of any section within this RFP must submit their questions in writing via email (preferred), or faxed to the procurement office referenced above on or before 5 PM on May 16, 2014. Each question must provide clear reference to the section, page, and item in question. Questions received after the deadline may not be considered. C. City's Answers. The City will provide an official written answer to all questions on or about May 20, 2014. The City's response will be by formal written addendum. Any other form of interpretation, correction, or change to this RFP will not be binding upon the City. Any formal written addendum will be posted alongside the posting of the RFP at http://www.cityofmiltonga.us or http://ssl.doas.state.ga.us/PRSapp/PR—index.jsp. Offerors must sign and return any addendum with their RFP response. D. Standard Contract. By submitting a response to this RFP, offeror agrees to acceptance of the City's standard contract. Much of the language included in the standard contract reflects requirements of state law. Requests for exceptions to the standard contract terms, or any added provisions must be submitted to the procurement office referenced above 8 1 RFP 14-PW7 by the date for receipt of written/e-mailed questions or with the offeror's RFP response and must be accompanied by an explanation of why the exception is being taken and what specific effect it will have on the offeror's ability to respond to the RFP or perform the contract. The City reserves the right to address non -material, minor, insubstantial requests for exceptions with the highest scoring offeror during contract negotiation. Any material, substantive, important exceptions requested and granted to the standard terms and conditions and standard contract language will be addressed in any formal written addendum issued for this RFP and will apply to all offerors submitting a response to this RFP. E. Mandatory Requirements. To be eligible for consideration, an offeror must meet the intent of all mandatory requirements. The City will determine whether an offeror's RFP response complies with the intent of the requirements. RFP responses that do not meet the full intent of all requirements listed in this RFP may be subject to point reductions during the evaluation process or may be deemed non-responsive. 1.3 Reserved 1.4 SUBNHTTING A PROPOSAL A. Submittal Requirements. Proposals shall include the following: 1. City of Milton request for proposal cover page (information entered and signed: first page of this document) 2. City of Milton Disclosure form (signed) 3. City of Milton Proposal letter (information entered) 4. Technical Proposal: Each Technical Proposal Shall be: a. No more than eight (8) single sided pages (four pages if double sided) 1. Cover page(s), table of contents, tabs, and required forms do not count toward the page limit b. Minimum of 11 point font c. Stapled or spiral -bound. No binders Each Technical Proposal Shall Contain: a. Design Team (2 pages) — include project staffing, qualifications of the design team, and what sets the team apart b. Work Plan (3 pages) — provide an anticipated project schedule, any anticipated challenges, and any innovative approaches c. Related Projects and References (3 pages) 1. Describe at least 3 similar projects with references and the degree of involvement of the team d. Pricing (See Section 5) 5. Applicable Addenda Acknowledgement Forms (if necessary) Offerors must organize their proposal into sections that follow the format of Section 1.4 and Section 5.0. 7 1 RFP 14-PW7 B. Failure to Comply with Instructions. Offerors failing to comply with these instructions may be subject to point deductions. The City may also choose to not evaluate, may deem non-responsive, and/or may disqualify from further consideration any proposals that do not follow this RFP format, are difficult to understand, are difficult to read, or are missing any requested information. C. Copies Required and Deadline for Receipt of Proposals. One original and two (2) copies of each proposal (plus a CD) should be provided to the City. Proposals must be received at the receptionist's desk prior to 2:00 PM, local time, May 27. 2014. Emailed responses to requests for proposals are not acceptable. Proposals will be opened at approximately 2:05 pm and names of offerors will be announced. D. Late Proposals. Regardless of cause, late proposals will not be accepted and will automatically be disqualified from further consideration. It shall be the offeror's sole risk to assure delivery to the receptionist's desk at the designated office by the designated time. Late proposals will not be opened and may be returned to the offeror at the expense of the offeror or destroyed if requested. 1.5 OFFEROR'S CERTIFICATION A. Understanding of Specifications and Requirements. By submitting a response to this RFP, offeror agrees to an understanding of and compliance with the specifications and requirements described in this RFP. B. Offer in Effect for 120 Days. A proposal may not be modified, withdrawn or canceled by the offeror for a 120 -day period following the deadline for proposal submission as defined in the Schedule of Events, or receipt of best and final offer, if required, and offeror so agrees in submitting the proposal. 1.6 COST OF PREPARING A PROPOSAL A. City Not Responsible for Preparation Costs. The costs for developing and delivering responses to this RFP and any subsequent presentations of the proposal as requested by the City are entirely the responsibility of the offeror. The City is not liable for any expense incurred by the offeror in the preparation and presentation of their proposal. B. All Timely Submitted Materials Become City Property All materials submitted in response to this RFP become the property of the City of Milton and are to be appended to any formal documentation, which would further define or expand any contractual relationship between the City and offeror resulting from this RFP process. 10 1 RFP 14-PW7 SECTION 2: RFP STANDARD INFORMATION 2.0 AUTHORITY This RFP is issued under the authority of the City of Milton. The RFP process is a procurement option allowing the award to be based on stated evaluation criteria. The RFP states the relative importance of all evaluation criteria. No other evaluation criteria, other than as outlined in the RFP, will be used. 2.1 OFFEROR COMPETITION The City encourages free and open competition among offerors. Whenever possible, the City will design specifications, proposal requests, and conditions to accomplish this objective, consistent with the necessity to satisfy the City's need to procure technically sound, cost- effective services and supplies. 2.2 RECEIPT OF PROPOSALS AND PUBLIC INSPECTION A. Public Information. All information received in response to this RFP, including copyrighted material, is deemed public information and will be made available for public viewing and copying after the time for receipt of proposals has passed, and the award has been made, with the following four exceptions: (1) bona fide trade secrets meeting confidentiality requirements that have been properly marked, separated, and documented; (2) matters involving individual safety as determined by the City of Milton; (3) any company financial information requested by the City of Milton to determine vendor responsibility, unless prior written consent has been given by the offeror; and (4) other constitutional protections. B. Procurement Officer Review of Proposals. Upon opening the proposals received in response to this RFP, the procurement office will review the proposals and separate out any information that meets the referenced exceptions in Section 2.2(A) above, providing the following conditions have been met: 1. Confidential information is clearly marked and separated from the rest of the proposal. 2. The proposal does not contain confidential material in the cost or price section. 3. An affidavit from an offeror's legal counsel attesting to and explaining the validity of the trade secret claim is attached to each proposal containing trade secrets. Please contact Rick Pearce for additional information. Information separated out under this process will be available for review only by the procurement office, the evaluation committee members, and limited other designees. Offerors must be prepared to pay all legal costs and fees associated with defending a claim for confidentiality in the event of a "right to know" (open records) request from another party. 2.3 CLASSIFICATION AND EVALUATION OF PROPOSALS A. Initial Classification of Proposals as Responsive or Nonresponsive. Proposals may be found nonresponsive at any time during the evaluation process or contract negotiation, if any of the required information is not provided; the II j RFP 14-PW7 submitted price is found to be excessive or inadequate as measured by criteria stated in the RFP; or the proposal is not within the specifications described and required in the RFP. If a proposal is found to be nonresponsive, it will not be considered further. B. Determination of ResponsibilL,. The procurement office will determine if an offeror has met the standards of responsibility. Such a determination may be made at any time during the evaluation process and through contract negotiation if information surfaces that would result in a determination of nonresponsive. C. Evaluation of Proposals. The evaluation committee will evaluate the remaining proposals and recommend whether to award the contract to the highest scoring offeror or, if necessary, to seek discussion/negotiation or a best and final offer in order to determine the highest scoring offeror. All responsive proposals will be evaluated based on stated evaluation criteria. In scoring against stated criteria, the City may consider such factors as accepted industry standards and a comparative evaluation of all other qualified RFP responses in terms of differing price, quality, and contractual factors. These scores will be used to determine the most advantageous offering to the City. D. Completeness of Proposals. Selection and award will be based on the offeror's proposal and other items outlined in this RFP. Submitted responses may not include references to information located elsewhere, such as Internet websites or libraries, unless specifically requested. Information or materials presented by offerors outside the formal response or subsequent discussion/negotiation or "best and final offer," if requested, will not be considered, will have no bearing on any award, and may result in the offeror being disqualified from further consideration. E. Opportunity for Discussion/Negotiation and/or Oral Presentation/Product Demonstration. After receipt of all proposals and prior to the determination of the award, the City may initiate discussions with one or more offerors should clarification or negotiation be necessary. Offerors may also be required to make an oral presentation and/or product demonstration to clarify their RFP response or to further define their offer. In either case, offerors should be prepared to send qualified personnel to Milton, Georgia to discuss technical and contractual aspects of the proposal. Oral presentations and product demonstrations, if requested, shall be at the offeror's expense. F. Best and Final Offer. The "Best and Final Offer" is an option available to the City under the RFP process which permits the City to request a "best and final offer" from one or more offerors if additional information is required to make a final decision. Offerors may be contacted asking that they submit their "best and final offer," which must include any and all discussed and/or negotiated changes. The City reserves the right to request a "best and final offer" for this RFP, if any, based on price/cost alone. 12 1 RFP 14-PW7 G. Evaluation Committee Recommendation for Contract Award. The evaluation committee will provide a written recommendation for contract award. H. Request for Documents Notice. Upon concurrence with the evaluation committee's recommendation for contract award, the procurement officer may issue a "Request for Documents Notice" to the highest scoring offeror to obtain the required insurance documents, contract performance security, and any other necessary documents. Receipt of the "Request for Documents Notice" does not constitute a contract and no work may begin until a contract signed by all parties is in place. I. Contract Neeotiation. The procurement officer and/or city department representatives may begin contract negotiation with the responsive and responsible offeror whose proposal achieves the highest score and is, therefore, the most advantageous to the City. If contract negotiation is unsuccessful or the highest scoring offeror fails to provide necessary documents or information in a timely manner, or fails to negotiate in good faith, the City may terminate negotiations and begin negotiations with the next highest scoring offeror. J. Contract Award. Contract award, if any, will be made to the highest scoring offeror who provides all required documents and successfully completes contract negotiation. 2.4 RIGHTS RESERVED While the City has every intention to award a contract as a result of this RFP, issuance of the RFP in no way constitutes a commitment by the City of Milton to award and execute a contract. Upon a determination such actions would be in its best interest, the City, in its sole discretion, reserves the right to: 1. Cancel or terminate this RFP, 2. Reject any or all proposals received in response to this RFP, 3. Waive any undesirable, inconsequential, or inconsistent provisions of this RFP which would not have significant impact on any proposal, 4. Not award if it is in the best interest of the City not to proceed with contract execution; or 5. If awarded, terminate any contract in accordance with the terms and conditions of the contract if the City determines adequate funds are not available. 13 1 RFP 14-PW7 SECTION 3: SCOPE OF PROJECT 3.1 PROJECT LOCATION wb yte fog* 14 1 RFP 14-PW7 3.2 PROJECT SCOPE OF SERVICES The City of Milton (City), is seeking the services of a professional engineering consultant to prepare survey, geotechnical, and concept engineering design services for the removal/replacement of three (3) bridges/culverts located on Birmingham Road. In general this project consist of conducting the necessary geotechnical investigations, surveying and engineering services necessary to prepare 3concept design reports (1 per bridge/culvert). Note: These bridges and nearby road surfaces may currently be located below the 100 yearflood level. The design criteria for the new bridge%ulvert systems require that the bridges/roadway will not be overtopped during the 100 year flood. The consultant shall conduct the necessary computations and prepare the necessary hydrologic/hydraulic studies required to insure compliance with this requirement. Also, the design will include any associated modifications to nearby roadways, subdivision entrances, utilities, driveways, etc. within the construction zone. As such, the survey also requires collecting the necessary data on all affected features. The preparation of construction drawings, specifications, and accompanying engineering documents to permit and remove/replace 3 bridges on Birmingham Road will be prepared at a later time and are described herein. The consultant shall demonstrate the ability to complete all tasks outlined in this RFP and provide reference projects which demonstrate successful completion of similar projects Described below is overall project scope of services to be provided. The engineering/design items include but are not limited to the following: Task 1: Survey Provide a field run survey to facilitate the design of the project. The project limits will be considered to be from the edge of pavement on the opposite of the road to the edge of the right- of-way on the project side of the road, plus a minimum of 25 feet outside the right of way. Sufficient survey shall be obtained to cover all areas needed for easement or right of way acquisition as necessary to complete the project. The survey database shall include, at a minimum, the following information: a. Right-of-way location, b. All improvements within the project limits (or on other affected properties), including, but not limited to edge of pavement, utilities, sidewalk, drainage structures, curb and gutter, etc...., c. All drainage structures within the project limits (or on other affected properties). At a minimum obtain the necessary specific information regarding the existing bridges, identify pipe sizes, pipe materials, upstream and downstream inverts, end treatments (end of pipe, headwall, etc...). d. Adjacent property owners and property boundary locations, e. The character and location of all walls, fences, buildings, poles, and other visible improvements within the project or within twenty-five feet of the project, 15 1 RFP 14-PW7 f. Driveways, alleys or other means of access on or crossing the project or within twenty- five feet of the project, g. Substantial, visible improvements (in addition to buildings) such as billboards, signs, parking structures, swimming pools, etc..., h. Topographic survey with a minimum of 2 foot topographic contour intervals of the affected area. i. Provide spot elevations at all critical points such as bridges, drainage breaks, high points, low points, edge of pavement, buildings, etc..., j. Location and type of all overhead and underground utilities within the project limits which may include, but not be limited to, all manholes, catch basins, valve vaults or other surface indications of subterranean uses. k. Ponds, lakes, springs, defined drainage channels or rivers bordering, running through or within twenty-five feet of the premises being surveyed shall be shown, I. The location of any specimen tree within 50 feet of the project limits. Specimen trees will include any beech or magnolia or walnut tree 24" dbh or greater, any other hardwood or pine 27"dbh or greater and any dogwood, redbud or sourwood 8" dbh or greater. Call out tree type, size and show location. Provide digital files of survey (DWG format tied to state plane coordinates and including Benchmark data and datum information) and 3 hard copies of survey signed and sealed by a professional land surveyor licensed and qualified to do business in the State of Georgia. The consultant shall be required to notify all property owners, in writing, of the impending surveys, prior to starting any surveying activities on their property. A copy of the notification shall be provided to the city. All coordinates are to be on the specified State Plane, Georgia Coordinate System of 1985 - NAD 83/94 adjustment. All vertical traverses shall use the North American Vertical Datum (NAVD) of 1988. Task 2: Geotechnical Investigation and Report Consultant shall arrange and provide for a geotechnical investigation and report for each bridge/culvert location. A report of conditions, limitations and recommendations shall be provided as part of this proposal and shall be sufficient to complete concept and final design services. Task 3: Preliminary Engineering and Design Service Engineering and design services shall be completed to the extent that the concept design plan and concept report can be completed. The design services shall include the following as necessary; a. conduct necessary hydrologic and hydraulic studies; including no -rise study w/certification, scour analysis, bridgeiculvert and pipe hydraulics, etc. b. grading and drainage plans, 16 1 RFP 14-PW7 c. roadway and drainage profiles, d. layout plan, e, roadway cross sections and paving plans, f. erosion and sediment (SWPPP plan) control plans, g. utility locations (includes all submissions and coordination) h. traffic control plans and detour route consideration, i. consideration of any environmental issues, j. consideration of requirements for any necessary environmental permits (i.e. wetlands, stream buffer variances), k. easement and right of way considerations. The design specifications for this project should meet GDOT and City of Milton standards. Consultant to provide an itemized construction cost estimate for each bridge location. The City of Milton can provide the following information in support of this project: a. 2 -foot aerial topography, b. 2012 aerial photography, c. "Future Conditions" Flood Plain Model (HECRAS) for this area. Task 4: Concept Plan and Report Preparation The consultant shall prepare a preliminary concept plan and report (s) for each bridge/culvert Iocation. The concept plan reports shall include all alternative considerations, cost estimates for alternative and concept plans for the selected alternative. The concept plan report shall include summaries of the hydraulic evaluations, plan and profiles of the concept plan, cross-sections of the right-of-way, etc. The concept plan report should also address any unique environmental issues and any permits which may be required to complete and implement the final design. Task 5: Final Engineering Design Services/Construction Documents Task 5 is not to be included in the cost proposal. The City may choose to negotiate the rates to complete this task with the selected consultant upon completion of the concept plan report or at a later date. Consideration will be given during the selection process to those firms that can complete this task. The design services shall include all construction drawings and specifications necessary for the construction of each bridge as an independent project. In addition, the design services include preparation of all required permit documents (such as wetlands, stream buffer variances, etc.). The consultant shall make application for said permits and shall obtain these permits as part of their services. There shall be 3 sets of plans (1 per bridge) and specifications provided which shall, at a minimum, include the following: a. conduct necessary hydrologic and hydraulic studies; including no -rise study w/certification, scour analysis, bridge/culvert and pipe hydraulics, etc. 17 1 RFP 14-PW7 b. grading and drainage plans, c. roadway and drainage profiles, d. layout plan, e. roadway cross sections and paving plans, f. erosion and sediment (SWPPP plan) control plans, g. utility locations (services to include all submissions and coordination efforts), h. traffic control plans and detour routes as may be necessary, i. staking and layout plans, j. tree protection plans (if required), k. any required environmental studies, 1. obtain any necessary environmental permits (i.e. wetlands, stream buffer variances), in. construction details, n. right of way plans and easement and right of way exhibits as necessary. Easement and right of way exhibits may be priced on a per parcel basis and should include a legal description. The price submitted for this bid should include (separately) a per parcel price for preparation of these documents. The City will make arrangements for obtaining these easements. The design specifications for this project should meet GDOT and City of Milton standards. Consultant to provide an itemized construction cost estimate for each bridge location. The consultant shall be qualified and the proposal shall demonstrate the ability to prepare a complete set of construction drawings. The engineering/design items include, but are not limited to, site plans, grading and drainage plans, utility plans, erosion, sedimentation and pollution prevention pians, road and drainage profiles, hydrology and stormwater management plans, etc... Provide digital files of engineering drawings (DWG format tied to state plane coordinates and including Benchmark data and datum information) and 3 hard copies of the drawings signed and sealed by a professional engineer licensed and qualified to do business in the State of Georgia. Task 6: Right -of -Way and Easements Task b is not to be included in the cost proposal. The City may choose to negotiate the rates to complete this task with the selected consultant upon completion of the concept plan report or at a later date. Consideration will be given during the selection process to those firms that can complete this task. The consultant will provide for easement and right-of-way appraisals and acquisitions necessary to complete these projects. Prices shall be negotiated on a per parcel basis. The City of Milton can provide the following information in support of this project: a. 2 -foot aerial topography, b. 2012 aerial photography, c. "Future Conditions" Flood Plain Model (HECRAS) for this area. 18 1 RFP 14-PW7 SECTION 4: OFFEROR QUALIFICATIONS 4.0 CITY'S RIGHT TO INVESTIGATE The City may make such investigations as deemed necessary to determine the ability of the offeror to provide the supplies and/or perforin the services specified. 4.1 OFFEROR INFORMATIONAL REQUIREMENTS Firms interested in providing the services described in this RFP should be able to demonstrate experience in the areas described in Section 3. 19 1 RFP 14-PW7 SECTION 5: COST PROPOSAL HOME OF 'THE BEST QUALITY OF ;,IFF. IN GEORGIA' T 'r ,-.,,u'N*t ESTABLISHED 2005 MUST BE RETURNED WITH PROPOSAL One (1) original and two (2) copies shall be submitted in a separate sealed envelope before the required deadline. The offerors cost proposal shall be signed by an authorized agent of the company. There is no maximum page limit to section 5. The undersigned bidder, having familiarized themselves with the work required by the RFP, the bid documents, the site where the work is to be performed, all laws, regulations, and other factors affecting performance of the work, and having satisfied itself/himself/herself of the expense and difficulties attending performance of the work; Hereby proposes and agrees, if this bid for the above named project is accepted to enter into a contract to perform all work necessary to the successful completion of the contract; and to supply all required submittals as indicated or specified in the RFP and the bid documents to be performed or furnished by bidder for the total contract price of.- Total f Total Price Print Total Price in Words Print/Type Company Name Here: Authorized Signature Date Print/Type Name Print/Type Title 20 j RFP 14-PW7 SECTION 6: EVALUATION CRITERIA 6.0 EVALUATION CRITERIA The evaluation committee will review and evaluate the offers according to the following criteria: • A selection team for the City will initially evaluate and score all technical proposals received. • Proposals not meeting the minimum technical requirements and those who are non-responsive will not be considered. • Cost Proposals will be reviewed after the technical review process. Proposal Evaluation Criteria Qualifications of the design team 25 pts. • Organization strength and stability • Education and experience of the assigned staff • Key personnel's level of involvement • Proximity and availability of key personnel Work Plan 20 pts. • Project approach • Public involvement • Project innovations • Schedule Related Projects and References 30 pts. • Experience and technical competence on similar projects • Previous experience with City of Milton projects • Previous experience as a design team • Quality of the final work product • Ability to meet schedules Price (Section 5) 25 pts. 21 1 RFP 14-PW7 SECTION 7: STANDARD CONTRACT INFORMATION 7.0 STANDARD CONTRACT The City's standard contract is attached to this document as Appendix A. Offerors should notify the City of any terms within the standard contract that either preclude them from responding to the RFP or add unnecessary cost. This notification must be made by the deadline for receipt of written/e-mailed questions or with the offeror's RFP response. Any requests for material, substantive, important exceptions to the standard contract will be addressed in any formal written addendum issued by the procurement officer in charge of the solicitation. The City reserves the right to address any non -material, minor, insubstantial exceptions to the standard contract with the highest scoring offeror at the time of contract negotiation. 7.1 ADDITIONAL CONTRACT PROVISIONS AND TERMS This RFP and any addenda, the offeror's RFP response, including any amendments, a best and final offer, any clarification question responses, and any negotiations shall be included in any resulting contract. The City's standard contract, attached as Appendix A, contains the contract terms and conditions which will form the basis of any contract negotiated between the City and the highest scoring offeror. The contract language contained in Appendix A does not define the total extent of the contract language that may be negotiated. In the event of a dispute as to the duties and responsibilities of the parties under this contract, the contract, along with any attachments prepared by the City, will govern in the same order of precedence as listed in the contract. 7.2 SUBCONTRACTORS The highest scoring offeror will be the prime consultant if a contract is awarded and shall be responsible, in total, for all work of any subcontractors. All subcontractors, if any, must be listed in the proposal. The City reserves the right to approve all subcontractors. The Consultant shall be responsible to the City for the acts and omissions of all subcontractors or agents and of persons directly or indirectly employed by such subcontractors, and for the acts and omissions of persons employed directly by the Consultant. Further, nothing contained within this document or any contract documents created as a result of any contract awards derived from this RFP shall create any contractual relationships between any subcontractor and the City. 7.3 GENERAL INSURANCE REQUIREMENTS See sample contract. 7.4 COMPLIANCE WITH WORKERS' COMPENSATION ACT The Consultant is required to supply the City of Milton with proof of compliance with the Workers' Compensation Act while performing work for the City. Neither the Consultant nor its employees are employees of the City. The proof of insurance/exemption must be received by the City of Milton within 10 working days of the Request for Documents Notice and must be kept current for the entire term of the contract. CONTRACTS WILL NOT BE ISSUED TO VENDORS WHO FAIL TO PROVIDE THE REQUIRED DOCUMENTATION WITHIN THE ALLOTTED TIME FRAME. 7.5 COMPLIANCE WITH LAWS The Consultant must, in performance of work under this contract, fully comply with all applicable 22 1 RFP 14-PW7 federal, state, or local laws, rules and regulations, including the Civil Rights Act of 1964, the Age Discrimination Act of 1975, the Americans with Disabilities Act of 1990, and Section 504 of the Rehabilitation Act of 1973. Any subletting or subcontracting by the Consultant subjects subcontractors to the same provision. The Consultant agrees that the hiring of persons to perform the contract will be made on the basis of merit and qualifications and there will be no discrimination based upon race, color, religion, creed, political ideas, sex, age, marital status, physical or mental disability, or national origin by the persons performing the contract. 7.6 CONTRACT TERMINATION See sample contract. 23 ( RFP 14-PW3 STANDARD CONTRACT Included for Reference Only City reserves the right to make changes to this contract PROFESSIONAL SERVICES A GREEMENT 14 -PTI' This Agreement made and entered into this day of in the year 2014, by and between Tile City of Milton, Georgia (sometimes referred to herein as the "City'), having its principle place of business at 13000 Deerfield Parkway Suite 107G, Milton GA 30004 and X)= (`Consultant') having its principle place of business at XXXX,jX. WHEREAS, the City issued a Request for Proposal (14-PWAXEM, to solicit firms to provide design services; and WHEREAS, based upon Consultant's bid to provide X= services as required by the bid documents, the City has selected Consultant as the winning bidder, and WHEREAS, Consultant has agreed to perform such work as set forth in this Agreement, according to the terms and conditions provided in this Agreement; and WHEREAS, Consultant has familiarLed itself with the nature and extent of the Contract Documents, the Project, and the Work, with all local conditions and federal, state and local laws, ordinances, rules and regulations in any manner that may affect cost, progress or performance of work and Consultant is aware that he must be licensed to do business in the State of Georgia. NOW THEREFORE, the City and Consultant, in consideration of the mutual promises contained herein and other good and valuable consideration, the sufficiency of which is hereby acknowledged, agree as follows: 1.0 Contract Documents This Agreement and the following named Exhibits, attached hereto and incorporated herein by reference, constitute the "Contract Documents": EXHIBIT A SCOPE OF WORKIREQUEST FOR QUALIFICATIONS EXHIBIT B FEE SCHEDULE/RESPONSE TO RFO EXHIBIT C INSURANCE CERTIFICATE EXHIBIT D CONSULTANT AFFIDAVIT EXHIBIT E S UB CONS UL TA NT AFFIDAVIT EXHIBIT F SAVE AFFIDAVIT To the extent that there may be any conflict among the Contract Documents, the provision operating most to the benefit of the City shall govern. 2.0 Scope of Work; Compensation 2.1 The Consultant agrees to provide all Services specified in Exhibit "A. " In addition to the tasks required by Exhibit "A" the Consultant shall provide a XXXXX. No payments will be made for unauthorized work. Invoices should be submitted to Rick Pearce, 13000 Deerfield Parkway, Milton GA 30004, for approval. Payment will be sent to the designated address by U. S. Mail only; payment will not be hand -delivered. 2.2 City agrees to pay Consultant for the services performed and costs incurred by Consultant upon the City's certification that the services were actually performed and costs actually incurred in accordance with this Agreement. Compensation for services performed and, if applicable, reimbursement for costs incurred shall be paid to Consultant upon the City's receipt and approval of an invoice, submitted upon completion of the Work, setting forth in detail the services performed and costs incurred. Invoices shall reflect charges incurred versus charges 24 1 RFP 14-PW3 budgeted. The total amount paid under this Agreement for the Work shall not, in any case, exceed a fee of XXXXX (the "Contract Price'), without prior written approval from the City. Consultant shall take no calculated risk in the performance of the Work. Specifically, Consultant agrees that in the event it cannot perform the Work within the budgetary limitations established without disregarding sound principles of Consultant's industry, Consultant will give written notice thereof immediately to the City. 2.3 The City reserves the right to order changes in the Work to be performed under this Agreement by altering, adding to, or deducting from the Work. All such changes shall be incorporated in written change orders executed by the Consultant and the City. Such change orders shall specify the changes ordered and any necessary adjustment of compensation and completion time. If the Parties cannot reach an agreement on the terms for performing the changed work within a reasonable time to avoid delay or other unfavorable impacts as determined by the City in its sole discretion, the City shall have the right to determine reasonable terms and the Consultant shall proceed with the changed work 2.4 Any work added to the scope of this Agreement by a change order shall be executed under all the applicable conditions of this Agreement. No claim for additional compensation or extension of time shall be recognised, unless contained in a written change order duly executed on behalf of the City and the Consultant. 2.5 The City Manager has authority to execute without further action of the Milton: City Council, any number of change orders so long as their total effect does not materially alter the terms of this Agreement or materially increase the total amount to be paid under this Agreement. Any such change orders materially altering the terms of this Agreement or increasing the total amount to be paid under this Agreement in excess of S5,000, must be approved by resolution of the Milton City Council. 3.0 Independent Contractor 3.1. The Consultant is an independent Contractor. The Consultant is not an employee, agent or representative of the City of Milton. The Consultant shall obtain and maintain, at the Consultant's expense, all permits, licenses or approvals that may be necessaryfor the performance of the services. 3.2 Inasmuch as the City of Milton and the Consultant are entities independent of one another, neither has the authority to bind the other to any third person or otherwise to act in any way as the representative of the other, unless otherwise expressly agreed to in writing signed by both parities hereto. The Consultant agrees not to represent itself as the City's agent for any purpose to any party or to allow any employee of the Consultant to do so, unless specifically authorised, in advance and in writing, to do so, and then only for the limitedpurpose stated in such authorisation. The Consultant shall assume full liabilityfor any contracts or agreements the Consultant enters into on behalf of the City of Milton without the express knowledge and prior written consent of the City. 4.0 Indemnification The Consultant covenants and agrees to take and assume all responsibility for the services rendered in connection with this Agreement. The Consultant shall bear all losses and damages directly or indirectly resulting to it on account of the performance or character of the services rendered pursuant to this Agreement. Consultant shall defend, indemnify and hold harmless the City, its officers, boards, commissions, elected and appointed officials, employees and agents from and against any and all claims, suits, actions, liability, judgments, damages, losses, and expenses, including but not limited to, attorney's fees, which may be the result of willr 1, negligent or tortious conduct arising out of the Work, performance of contracted services, or operations by the Consultant, any sub - consultant, anyone directly or indirectly employed by the Consultant or sub -consultant or anyone for whose acts the Consultant or sub -consultant may be liable, regardless of whether or not the offending act is caused in part by a party indemnified hereunder. Such obligation shall not be construed to negate, abridge, or otherwise reduce any other right or obligation of indemnity which would otherwise exist as to any party or person described in this provision. In any and all claims against the City or any of its agents or employees, by any employee of the Consultant, any sub -consultant, anyone directly or indirectly employed by the Consultant or sub -consultant or anyone for whose acts the Consultant or sub -consultant may be liable, the indemnification obligation set forth in this provision shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the Consultant or any sub -consultant under workers' or workmen's compensation acts, disability benefit acts or other employee benefit acts. This obligation to indemnify and defend the City, its members, officers, agents, employees and volunteers shall survive termination of this Agreement. 25 ( RFP 14-PW3 5.0 Insurance (1) Requirements: The Consultant shall have and maintain in full force and effect for the duration of this Agreement, insurance insuring against claimsfor injuries to persons or damages to property which may arise from or in connection with the performance of the Work by the Consultant, its agents, representatives, employees or sub -consultants. All policies shall be subject to approval by the City Attorney to form and content. These requirements are subject to amendment or waiver if so approved in writing by the City Manager. (2) Minimum Limits oflnsurance: Consultant shall maintain limits no less than: (a) Comprehensive General Liability of $1,000,000 combined single limit per occurrence for bodily and personal injury, sickness, disease or death, injury to or destruction of property, including loss of use resulting therefrom. (b) Comprehensive Automobile Liability (owned, non -owned, hired) of $1,000,000 combined single limit per occurrence for bodily and personal injury, sickness, disease or death, injury to or destruction of property, including loss of use resulting therefrom. (c) Professional Liability of $1,000,000 limit for claims arising out of professional services caused by the Consultant's errors, omissions, or negligent acts. (d) Workers' Compensation limits as required by the State of Georgia and employers Liability limits of $1,000, 000 per accident. (3) Deductibles and Self -Insured Retentions: Any deductibles or self-insured retentions must be declared to and approved by the City. (4) Other Insurance Provisions: The policy is to contain, or be endorsed to contain, the following provisions: (a) General Liability and Automobile Liability Covera. (i) The City, its officials, employees, agents and volunteers are to be covered as insured as respects: liability arising out of activities performed by or on behalf of the Consultant; products and completed operations of the Consultant; premises owned, leased, or used by the Consultant, automobiles owned, leased, hired or borrowed by the Consultant. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officials, employees, agents or volunteers. (ii) The Consultant's insurance coverage shall be primary noncontributing insurance as respects to any other insurance or self-insurance available to the City, its officials, employees, agents or volunteers. Any insurance or self-insurance maintained by the City, its officials, employees or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. (iii) Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its officials, employees, agents or volunteers. (iv) Coverage shall state that the Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (v) Coverage shall be provided on a "pay on behalf' basis, with defense costs payable in addition to policy limits. There shall be no cross liability exclusion. (vi) The insurer agrees to waive all rights of subrogation against the City, its officials, employees, agents and volunteers for losses arising from work performed by the Consultant for the City. (vii)A11 endorsements to policies shall be executed by an authorized representative of the insurer. (b) Workers' Compensation Coverage. The insurer will agree to waive all rights of subrogation against the City, its officials, employees, agents and volunteers for losses arising from work performed by the Consultant for the City. (c) All Coverages. (i) Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled, reduced in coverage or in limits except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. (ii) Policies shall have concurrent starting and ending dates. (iii) Policies shall include an endorsement incorporating the Indemnification obligations assumed by the Consultant under the terms of this Agreement, including but not limited to Section 4 of this Agreement. 26 1 RFP 14-PW3 (5) Acceptability oflnsturers: Insurance is to be placed with insurers with an A.M. Bests'rating of no less than A: VII. (6) Verification ofCoveMge: Consultant shall furnish the City with certificates of insurance and endorsements to the policies evidencing coverage required by this clause prior to the start of work. The certificates of insurance and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The cert f tate of insurance and endorsements shall be on a form utilized by Consultant's insurer in its normal course of business and shall be received and approved by the City prior to execution of this Agreement by the City. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. The Consultant shall provide proof that any expiring coverage has been renewed or replaced at least two (2) weeks prior to the expiration of the coverage. (7) Sub -consultants: Consultant shall include all sub -consultants as insured under its policies or shall furnish separate certificates and endorsements for each sub -consultant. All coverage for sub -consultants shall be subject to all of the requirements stated in this Agreement, including but not limited to naming the parties as additional insured. (8) Claims -Made Policies: Consultant shall extend any claims -made insurance policy for at least six (6) years after termination or final payment under the Agreement, whichever is later. (9) Citv as Additional Insured and Loss Payee: The City shall be named as an additional insured and loss payee on all policies required by this Agreement. 6.0 Term; Termination The term of this Agreement shall be from April 10, 2012 and shall terminate absolutely and without further obligation on the part of the City on December 31, 2012, provided that this Agreement, absent written notice of non- renewal provided by the City to Consultant at least thirty (30) days prior to December 31, 201Z, shall automatically renew on January 1, 2013 to April 1, 2013. The City may terminate this Agreement upon a breach of any provision of this Agreement by Consultant and Consultant's subsequent failure to cure such breach within fifteen (15) days of receipt from the City of a written notice of the breach. The City may terminate this Agreement for convenience by providing at least thirty (30) days prior written notice of such termination to Consultant. Title to any supplies, materials, equipment, or other personalproperty shall remain in the Consultant untilfiilly paid by the City. 7.0 Compliance with All Laws and Licenses The Consultant must obtain all necessary licenses and comply with local, state and federal requirements. The Consultant shall comply with all laws, rules and regulations of any governmental entity pertaining to its performance under this Agreement. 8.0 Assignment The Consultant shall not assign or subcontract the whole or any part of this Agreement without the City of Milton's prior written consent. 9.0 Amendments in Writing No amendments to this Agreement shall be effective unless it is in writing and signed by duly authorized representatives of the parties. 10.0 Expertise of Consultant Consultant accepts the relationship of trust and confidence established between it and the City, recognizing that the City's intention and purpose in entering into this Agreement is to engage an entity with the requisite capacity, experience, and professional skill and judgment to provide the services in pursuit of the timely and competent completion of the Work undertaken by Consultant under this Agreement. 11.0 Governing Law This Agreement shall be governed in all respects by the laws of the State of Georgia. 27 j RFP 14-PW3 12.0 Interpretation of Documents In the event of a conflict in language between this Agreement and any exhibit to this Agreement, the provisions most favorable to the City shall govern. 13.0 Entire Agreement This Agreement constitutes the entire Agreement between the parties with respect to the subject matter contained herein; all prior agreements, representations, statements, negotiations, and undertakings are suspended hereby. Neither party has relied on any representation, promise, nor inducement not contained herein. 14.0 Waiver of Agreement The City's failure to enforce any provision of this Agreement or the waiver in a particular instance shall not be construed as a general waiver of any future breach or default. 15.0 Sovereign Immunity Nothing contained in this Agreement shall be construed to be a waiver of the City's sovereign immunity or any individual's qualified good faith or official immunities. 16.0 Notices All other notices, writings or correspondence as required by this Agreement shall be in writing and shall be deemed received, and shall be effective, when: (1) personally delivered, or (2) on the third day after the postmark date when mailed by certified mail, postage prepaid, return receipt requested, or (3) upon actual delivery when sent via national overnight commercial carrier to the Parties at the addresses given below, unless a substitute address shall first be furnished to the other Parties by written notice in accordance herewith: NOTICE TO THE CITY shall be sent to: City Manager City of Milton 13000 Deerfield Parkway, Suite 107F Milton, Georgia 30004 NOTICE TO THE CONSULTANT shall be sent to: Attn: 17.0 No Personal Liability No member, official or employee of the City shall be personally liable to the Consultant or any successor in interest in the event of any default or breach by the City or for any amount which may become due to the Consultant or successor or on any obligation under the terms of this Agreement. Likewise, Consultant's performance of services under this Agreement shall not subject Consultant's individual employees, officers or directors to any personal liability. The Parties agree that their sole and exclusive remedy, claim, demand or suit shall be directed and/or asserted only against Consultant or the City, respectively, and not against any employee, officer, director, or elected or appointed official. 18.0 Employment of Unauthorized Aliens Prohibited (1) E- Verify 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 peifortnance of services within the State of Georgia unless: (1) the Contractor shall provide evidence on City provided forms, attached hereto as Exhibits "D" and "E" (affidavits regarding compliance with the E -Verb program to be sworn under oath under criminal penalty of false swearing pursuant to O.C.G.A. § 16-10-71), that it and Contractor's subcontractors have conducted a verification, under the federal Employment Eligibility Verification ("EEV" or "E -Verb') program, of the social security numbers, or other identifying information now or hereafter accepted by the E- Verify program, of all employees who will petform work on the City contract to ensure that no unauthorized aliens will be employed, or 28 1 RFP 14-PW3 (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 "D ", and submitted such affidavit to City or provided the City with evidence that it is not required to provide such an affidavit because it is licensed and in good standing as noted in subsection (2) above. Further, Contractor hereby agrees to comply with the requirements of the federal Immigration Reform and Control Act of 1986 (IRCA), P.L. 99-603, 0. 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 "E", which subcontractor affidavit shall become part of the contractor/subcontractor agreement, or evidence that the subcontractor is not required to provide such an affidavit because it is licensed and in good standing as noted in subsection (2) above. If a subcontractor affidavit is obtained, Contractor agrees to provide a completed copy to the City within five (5) business days of receipt from any subcontractor. Where Contractor is required to provide an affidavit pursuant to O. C. G.A. § 13-10-91, the City Manager or his/her designee shall be authorized to conduct an inspection of the Contractor's and Contractor's subcontractors' verification process at anytime 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 unauthorised 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 law, and shall be construed to be in conformity with those laws. 19.0 Nondiscrimination In accordance with Title VI of the Civil Rights Act, as amended, 42 U.S.C. § 2000d, section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6102, section 202 of the Americans with Disabilities Act of 1990, 42 U.S.C. § 12132, and all other provisions of Federal law, the Consultant agrees that, duringperformance of this Agreement, Consultant, for itself, its assignees and successors in interest, will not discriminate against any 29 1 RFP 14-PW3 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 19.0 in every subcontract for services contemplated under this Agreement. IN WITNESS tl'HEREOF, the parties hereto have caused this Agreement to be duly executed by their duly authorized officers as of the day and year set forth next to each signature. By: Its: President & CEO SIGNED, SEALED, AND DELIVERED in the presence of.- Witness f Witness Notary Public [NOTARY SEAL] My Commission Expires: [AFFIX CORPORATE SEAL] CITY OF MILTON: By: Its [CITY SEAL] 30 1 RFP 14-PW3 EXHIBIT "A" SCOPE OF WORKIREQUEST FOR QUALIFICATIONS EXHIBIT "B" FEE SCHEDULE/RESPONSE TO RFQ EXHIBIT "C" INSURANCE CERTIFICATE 31 1 RFP 14-PW3 EXHIBIT "D" CONTRACTOR AFFIDA VITAND AGREEMENT STATE OF GEORGIA CITY OF MILTON By executing this affidavit, the undersigned contractor verifies its compliance with O.C.G.A. § 13-10-91, stating affirmatively that the individual, firm, or corporation which is engaged in the physical performance of services on behalf of the City of Milton has registered with, is authorized to use and uses the federal work authorization program commonly known as E -Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91. Furthermore, the undersigned contractor will continue to use the federal work authorization program throughout the contract period and the undersigned contractor will contract for the physical performance of services in satisfaction of such contract only with subcontractors who present an affidavit to the contractor with the information required by O.C.G.A. § 13-10-91(b). Contractor hereby attests that its federal work authorisation user identification number and date of authorization are as follows: eVerify Number Date of Authorisation Name of Contractor Name of Project City of Milton Name of Public Employer I hereby declare under penalty ofperjury that the foregoing is true and correct. Executed on _, 201_ in (city), (state). Signature ofAuthorized Officer or Agent Printed Name and Title ofAuthori_ed Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE DAYOF 201 . A70TARYPUBLIC [NOTARY SEAL] My Commission Expires. 32 1 RFP 14-PW3 EXHIBIT `B" SUBCONTRACTOR AFFIDAVIT STATE OF GEORGL4 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 petformance of services under a contract with Contractor Name on behalf of the City of A4'ilton has registered with, is authorized to use and uses the federal work authorization program commonly known as E -Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C. G.A. § 13-10-91. Furthermore, the undersigned subcontractor will continue to use the federal work authorization program throughout the contract period, and the undersigned subcontractor will contract for the physical performance of set -vices 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 (3) 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: I hereby declare under penalty of perjury that the foregoing is true and correct. eVerify Number Executed on 201_ in (city), (state). Date ofAuthori=ation Signature ofAuthorized Officer or Agent Name of Subcontractor Printed Name and Title of Authorized Officer or Name of Project Agent City o Milton Name of Public Employer SUBSCRIBED AND SWORN BEFORE ME ON THIS THE DAY OF 201—. NOTARY P UBLIC [NOTARY SEAL] My Commission Expires: I LTC NIr- uunusmozm ACKNOWLEDGEMENT RECEIPT OF ADDENDUM #1 RFP 14-PW7 Upon receipt of documents, please email, fax or mail this page to: City of Milton Attn: Rick Pearce, Purchasing Office 13000 Deerfield Pkwy Suite 107G Milton, GA 30004 Phone: 678-242-2511 Fax: 678-242-2499 Email: rick.nearce(i4cityofmiltonaa.us I hereby acknowledge receipt of documents pertaining to the above referenced RFP. COMPANY NAME: CONTACT PERSON: CITY: STATE: PHONE: FAX: EMAIL ADDRESS: Signature Date ADDENDUM #1 ZIP: RFP 14-PW7 Addendum 41 Page 1 of 2 DUE TO THE DEPARTMENT OF ADMINISTRATIVE SERVICES (DOAS) WEBSITE BEING UNAVAILABLE FOR SEVERAL DAYS, THE FOLLOWING IS THE NEW SCHEDULE OF EVENTS: SCHEDULE OF EVENTS EVENT RFP Issue Date Deadline for Receipt of Written Questions Posting of Written Answers by City to Websites RFP DUE DATE Mav 5.2014 5 PM on ME 23.2014 on or about May 27.2014 No Later than 2 PM on JUNE 3, 2014 NOTE: PLEASE CHECK THE CITY WEBSITE (http://www.cityofmiltonga.us) OR THE WAS WEBSITE (http://ssl.doas.state.ga.us/PRSapp/PR_index.jsp) FOR ADDENDA AND SCHEDULE UPDATES. RFP 14-PW7 Addendum #1 Page 2 of 2 `ILTO UIMIISt1ID Soo ACKNOWLEDGEMENT RECEIPT OF ADDENDUM #2 RFP 14-PW7 Upon receipt of documents, please email, fax or mail this page to: City of Milton Attn: Rick Pearce, Purchasing Office 13000 Deerfield Pkwy Suite 107G Milton, GA 30004 Phone: 678-242-2511 Fax: 678-242-2499 Email: rick.nearce(a0ityofmiltonaa.us I hereby acknowledge receipt of documents pertaining to the above referenced RFP. COMPANY NAME: CONTACT PERSON: ADDRESS: CITY: STATE: ZIP: PHONE: FAX: EMAIL ADDRESS: Signature Date ADDENDUM #2 RFP 14-PW7 Addendum #2 Page 1 of 5 Questions and City of Milton Answers Section 3.2—Task 3: Should the hydraulic and hydrological studies and reports be developed in accordance with GDOT guidelines? Will GDOT be performing a review of the hydraulic and hydrological reports? Is a GDOT prequalification in 4.04 Hydraulic and Hydrological Studies (Bridges) required for this project? No (all three questions). Section 3.2—Task 3, a.: If these bridges currently overtop during the 100 -year event, it maybe difficult to develop a no -rise condition and no overtopping without extremely large bridges. Is a no - rise condition the only option the City would pursue? The "no -rise" statement refers to existing conditions; therefore most replacement structures will meet this criterion. Ideally, the chosen plan will minimize upstream and downstream flood levels during extreme flood events. Some of these bridges may overtop during extreme flood events. This study will address alternative means to elevate the structures and roadways out of the flood zones (if possible). A preferred design will be chosen by the City from one, or more, alternative plans developed by the consultant. Section 3.2: Current FEMA Mapping indicates Bridge MLT05 is in a mapped area with a watershed less than 1 square mile, Bridge MLT04 is at the upper limit of a Zone AE related to the flood pool of King Lake, and Bridge 121-5003-0 is in a Zone A. Are there existing HEC -RAS models available for any of these crossings? Yes. Will the City provide for temporary traffic control during the borings (police car, etc.)? 01 I understand for the width of survey for each location will be from the edge of pavement on one side of the road to 25 feet past the right of way on the opposite side. Do need to have property information/right-of-way shown for the "non -surveyed" side? The survey requirements are explained in Task 1 which states the consultant shall "provide a field run survey to facilitate the design of the project". For a bridge replacement and road improvement project these survey requirements will require survey information on both sides of the road as needed. RFP 14-PW7 Addendum #2 Page 2 of 5 What about the existing invert on the "non -surveyed" side? I assume this will be required? The survey requirements are explained in Task 1 which states the consultant shall "provide a field run survey to facilitate the design of the project". For a bridge replacement and road improvement projects these survey requirements will require survey information on both sides of the road as needed. How far in each direction from the structure will be required for your concept. How far along each road do you want to include inside the limits. Ex 200' from cl of culvert, or 200' past a bridge approach, etc. Also, this is a factor in how much property database required. The survey requirements are explained in Task 1 which states the consultant shall "provide a field run survey to facilitate the design of the project". The amount of survey information will vary per bridge location, depending on conditions. For the hydrology portion, do you need a flood section at each side of the bridge/culvert, and 500' upstream and downstream with sections at 100' intervals?(GDOTspec) This project will not require GDOT specifications on the hydrology/hydraulic portion. The hydro portion of this concept report should be sufficient for the purpose of defining the planned bridge/road improvements. This includes sufficient analysis to insure that there we be a "no -rise" in flood levels compared to the existing conditions. A description of this methodology and a summary of the results shall be provided in the final concept submittal. Do we need to carry flood sections at these points to 2' above the flood elevation? If so, what elevation at each of these crossings would we need to carry the flood sections out to? Same response as above. During the final design phase (should you be selected) a complete H/H submittal will be required for each bridge location. I'm assuming the deliverable to be in AutoCAD 2014 format or Civil 3D? AutoCAD 2010. Being a concept plan, the survey information is more relevant at this point. What CAD standards are to be used in the deliverable; does the City have a specific template they use? No Do you require the survey contractor to be GDOT pre -qualified such as 5.01, 5.02, 5.03, or 5.08? No Do you require marking and surveying subsurface utilities? If so, what level will you require? GA UPC One Call Dig Ticket E For this concept ohose Or, a full QL-B SUE investigation. RFP 14-PW7 Addendum #2 Page 3 of 5 Is there additional merits in having WBE or MBE participation? No The note under Section 3.2 (Project Scope of Services) on Page 14 of the RFP states, in relevant part, the following: The consultant shall conduct the necessary computations and prepare the necessary hydrologicjhydraulic studies required to insure compliance with this requirement. Use of the term "insure" implies that the Consultant is responsible for guaranteeing the compliance with such requirements, which is an uninsurable risk and may be outside of the control of the Consultant. Please confirm that use of this term does not require the Consultant to guarantee compliance with such requirements, but requires the Consultant to perform the services set forth under the RFP (and any resulting Contract) in accordance with that degree of care and skill ordinarily exercised under similar conditions by members of Consultant's profession practicing in the same field at the same time or similar locality (the "Standard of Care"). Additionally, to the extent that the terms "ensure", "assure", "insure", "guarantee", "certify", "warrant" and the like appear in the RFP and any resulting Contract, please confirm these terms shall mean providing such services in compliance with the Standard of Care, and that nothing in this RFP (or any resulting Contract) will require a level of performance higher than the Standard of Care. The tasks associated with this initial phase of this project are those required for the development of a recommended Concept Plan for the replacement of 3 bridges. The H/H studies required are those deemed necessary by the Professional Engineering firm required to complete this preliminary concept design study. The term "insure" refers to the level a confidence normally associated with a contract with a Professional Engineering firm providing these services. The necessary level of effort and Standard of Care necessary to provide these services should be understood by the selected consultant. Will the City consider modifying the proposed indemnification provision set forth in Section 4.0 of the Standard Contract on Page 24 of the RFP such that: (i) it is based on claims, actions, liabilities, losses claimed by third parties for any injury to persons or property; and (ii) it only requires the Consultant to indemnify the County to the proportionate extent such claims, actions, liabilities, losses arise from the Consultant's negligence? This Standard Contract forth is one that has been approved by the City Attorney and is utilized by the various City Departments. Once selected, the consultant may discuss any modifications to this contract with our legal staff. Should the limits of the survey be from a minimum of 25' outside of the R/W to 25' outside of the R/W on the opposite side of the roadway? RFP 14-PW7 Addendum #2 Page 4 of 5 At a minimum, yes. However, the extent of the survey should include all areas which have an impact on the design. For instance, a road may need to be elevated, which may require modification of a driveway, or a subdivision entrance. The survey information must be sufficient to complete the evaluation of the concept plan. Why is preliminary engineering included in the scope of services? Preliminary engineering should include the following: sufficient hydrologic/hydraulic analysis, traffic considerations, constructability, scheduling, costs, road alignment considerations, etc. Are all tasks under this heading really needed for an approved Concept Report? Yes Should an environmental screening be included? Only as a very basic consideration. This project is for the replacement of existing public infrastructure, and as such it may be exempt from many environmental permitting requirements. However, some permits may be required for constructing some alternatives (i.e. culverts). The permit requirements should be considered, along with other factors, in selecting a concept plan. RFP 24-PW7 Addendum #2 Page 5 of 5 EXHIBIT "B" RESPONSE TO BIDIFEE SCHEDULE 19�. SECTION 5: COST PROPOSAL MUST BE RETURNED WITH PROPOSAL One (1) original and two (2) copies shall be submitted in a separate sealed envelope before the required deadline. The offerors cost proposal shall be signed by an authorized agent of the company. There is no maximum page limit to section 5. The undersigned bidder, having familiarized themselves with the work required by the RFP, the bid documents, the site where the work is to be performed, all laws, regulations, and other factors affecting performance of the work, and having satisfied itself/himself/herself of the expense and difficulties attending performance of the work; Hereby proposes and agrees, if this bid for the above named project is accepted to enter into a contract to perform all work necessary to the successful completion of the contract; and to supply ail required submittals as indicated or specified in the RFP and the bid documents to be performed or furnished by bidder for the total contract price of: Total Price $ $51,615 Print Total Price in Fords Fifty -One Thousand Six -Hundred and Fifteen Dollars Print/Type Company Name Here: Moreland Altobelli Associates, Inc. Authorized Signature Print/Type Name Thomas Moreland Print/Type Title. Chairman/CEO 6-2-14 EXHIBIT "C" CONTRACTOR AFFIDAVIT AND AGREEMENT STATE OF GEORGIA CITY OF MILTON By executing this affidavit, the undersigned contractor verifies its compliance with O.C.G.A. § 13-10-91, stating affirmatively that the individual, firm, or corporation which is engaged in the physical performance of services on behalf of the City of Milton has registered with, is authorized to use and uses the federal work authorization program commonly known as E - Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91. Furthermore, the undersigned contractor will continue to use the federal work authorization program throughout the contract period and the undersigned contractor will contract for the physical performance of services in satisfaction of such contract only with subcontractors who present an affidavit to the contractor with the information required by O.C.G.A. § 13-10-91(b). Contractor hereby attests that its federal work authorization user identification number and date of authorization are as follows: 5?=�a eVerify Number q �I C) Date of Authorization Moreland Altobelli Associates, Inc. Name of Contractor Birmingham Road Bridge Design Name of Project City of Milton Name of Public Employer I hereby declare under penalty of perjury that the foregoing is true and correct. croS 5 N� Executed o,\ k�dh, 201± in Signature of Authorized Officer or Agent Printed Name and Title of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ��4•►►►►,,►� ON THIS THE I �i� DAY OF a�EI.LE 7,4A •,. J�S� ,201 % 40 �10T. ••�� NOTARY PUBLIC [NOTARY SEAL] My Commission Expires: EXPtRES GEORGIA DEC.26.2D15 ' 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 Moreland Altobelli Associates, Inc. on behalf of the City of Milton has registered with, is authorized to use and uses the federal work authorization program commonly known as E -Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91. Furthermore, the undersigned subcontractor will continue to use the federal work authorization program throughout the contract period, and the undersigned subcontractor will contract for the physical performance of services in satisfaction of such contract only with sub -subcontractors who present an affidavit to the subcontractor with the information required by O.C.G.A. § 13-10- 91(b). Additionally, the undersigned subcontractor will forward notice of the receipt of an affidavit from a sub -subcontractor to the contractor within five (5) business days of receipt. If the undersigned subcontractor receives notice that a sub -subcontractor has received an affidavit from any other contracted sub -subcontractor, the undersigned subcontractor must forward, within five (5) business days of receipt, a copy of the notice to the contractor. Subcontractor hereby attests that its federal work authorization user identification number and date of authorization are as follows: eVerify Number Date of Authorization Name of Subcontractor Birmingham Road Bridge Design Name of Project City of Milton Name of Public Employer I hereby declare under penalty of perjury that the foregoing is true and correct. Executed on , _, 201_ in (city), (state). Signature of Authorized Officer or Agent Printed Name and Title of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE DAY OF NOTARY PUBLIC [NOTARY SEAL] My Commission Expires: EXHIBIT "E" During the performance of this contract, the contractor, for itself, its assignees, and successors in interest (hereinafter referred to as the "Consultant"), agree as follows: 1. Compliance with Regulations The Consultant shall comply with the Regulations relative to nondiscrimination in federally - assisted programs of the Department of Transportation (hereinafter referred to as DOT), Title 49, Code of Federal Regulations, part 21, as they may be amended from time to time, (hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this contract. 2. Nondiscrimination The Consultant, with regard to the work performed by it during the contract, shall not discriminate on the grounds of race, color, sex, or national origin in the selection and retention of subcontractors, including procurement of materials and leases of equipment. The Consultant shall not participate either directly or indirectly in discrimination prohibited by Section 21.5 of the Regulations, including employment practices when the contract covers a program set forth in Appendix B of the Regulations. 3. Solicitations for Subcontracts, Including Procurement of Materials and Equipment In all solicitations either by competitive bidding or negotiations made by the Consultant for work to be performed under a subcontract, including procurement of materials or leases of equipment, each potential subcontractor or supplier shall be notified by the Consultant of the Consultant's obligations under this contract and the Regulations relative to nondiscrimination on the ground of race, color, sex, or national origin. 4. Information and Reports The Consultant shall provide all information and reports required by the Regulations or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information and its facilities as may be determined by the (Recipient) or the Federal Highway Administration to be pertinent to ascertain compliance with such Regulations, orders, and instructions. Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish this information, the Consultant shall so certify to the (Recipient), or the Federal Highway Administration as appropriate, and shall set forth what efforts it has made to obtain the information. 5. Sanctions for Noncompliance In the event of the Consultant's noncompliance with the nondiscrimination provisions of this contract, the (Recipient) shall impose such contract sanctions as it or the Federal Highway Administration may determine to be appropriate, including, but not limited to: Withholding of payments to the Consultant under the contract until the Consultant complies; and/or Cancellation, termination, or suspension of the contract, in whole or in part. 6. Incorporation of Provisions The Consultant shall include the provisions of paragraphs (1) through (6) in every subcontract, including procurement of materials and leases of equipment, unless exempt by the Regulations, or directives issued pursuant thereto. The Consultant shall take such action with respect to any subcontractor or procurement as the (Recipient) or the Federal Highway Administration may direct as a means of enforcing such provisions including sanctions for noncompliance: Provided, however, that in the event a Consultant becomes involved in, or is threatened with, litigation with a subcontractor or supplier as a result of such direction, the Consultant may request the (Recipient) enter into such litigation to protect the interests of the state and, in addition, the Consultant may request the United States to enter into such litigation to protect the interests of the United States. Client#: 1652465 11MORELAALT ACORDTM CERTIFICATE OF LIABILITY INSURANCE D CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, 7/16/2/DD/YYYY) 7/16/2014 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: BB&T Insurance Services, Inc. PHONE 770 664-6818 FAX 88 Ext): AIC, No : $'$27'9$70 AICA P.O. Box 2190 Lo, Alpharetta, GA 30023 ADDRESS: EACH OCCURRENCE $ INSURER(S) AFFORDING COVERAGE NAIC # Phone - 770-664-6818 INSURER AAmerisure Mutual Insurance Co. 23396 INSURED INSURER B Moreland Altobelli Associates Inc DAMAGSE TO RENTED PREMI ES Ea occurrence $ 2211 Beaver Ruin Road INSURER C: CLAIMS -MADE F—I OCCUR Suite 190 INSURER D: Norcross, GA 30071 INSURER E: PERSONAL & ADV INJURY $ INSURER F: COVERAGES CERTIFICATE NUMBER: 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 CONTRACTOR 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 LTR TYPE OF INSURANCE ADDL INSR SUBR WVD POLICY NUMBER POLICY EFF MMIDD/YYYY POLICY EXP MM/DD/YYYY LIMITS GENERAL LIABILITY EACH OCCURRENCE $ COMMERCIAL GENERAL LIABILITY DAMAGSE TO RENTED PREMI ES Ea occurrence $ MED EXP (Any one person) $ CLAIMS -MADE F—I OCCUR PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ POLICY 7 PROJECT LOC $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident $ _ BODILY INJURY (Per person) $ ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS BODILY INJURY (Per accident) S HIRED AUTOS NON -OWNED AUTOS PROPERTY DAMAGE $ Per accident S UMBRELLA LIAB HCLAIMS-MADE OCCUR EACH OCCURRENCE $ AGGREGATES __FD_ED_F7 EXCESS LIAB RETENTION $ $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICERIMEMBER EXCLUDED?FYI N I A WC2088691 8/01/2013 08/01/201 X WCSTATU- OTH- T RY LIMIT,9 E.L. EACH ACCIDENT $1,000,000 E.L. DISEASE - EA EMPLOYEE $1,000,000 (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) RE: Birmingham Road Bridge Design 3 Locations. The City of Milton, Georgia 13000 Deerfield Parkway Suite 107G Alpharetta, GA 30004 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE All riahts reserved ACORD 25 (2010/05) 1 of 1 The ACORD name and logo are registered marks of ACORD #S12681860/M10883028 DWH This page has been left blank intentionally. '4 RiX CERTIFICATE OF LIABILITY INSURANCE ATE 77,16/2014(MM/DDNYYY) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER (770)939-3231 Ext. Manry &Heston, Inc. Joe Bradley PO PO Box 49607Atlanta, CONTACT NAME:PHONE FAX E-MAIL t {A/G ----- GA 30359 INSURERS AFFORDING COVERAGE NAIC # INSURER A: TRAVELERS INDEMNITY COMPANY (A+; XV) 25658 INSURED MORELAND ALTOBELLI ASSOCIATES, INC. INSURERB:MARKEL INSURANCE COMPANY (A; XIV) 38970 2211 BEAVER RUIN ROAD INSURER C: SUITE 190 INSURER D: NORCROSS, GA 30071 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: RFVIRICIN NuMPIPp- 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. lNSR LTR TYPE OF INSURANCE A DL SU R POLICY NUMBER MM DD/YYYY ICY EFF MM/DDNYYY LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE F_x1OCCUR DAMAGETO PREMISES ENEaRoccurTEDrence $ 100,000 MED EXP (Any one person) $ 5,000 A X CONTRACTUAL LIAB X Y 630-8014N34A 08/01/13 08/01/14 PERSONAL &ADV INJURY $ 1,000,000 X INDEPENDENT CONTRACTOR GENERAL AGGREGATE $ 2,000,000 GE AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ 2,000,000 POLICY)( PRO. LOC JECT $ A AUTOMOBILE X XALL LIABILITY ANY AUTO OWNED I SCHEDULED AUTOS AUTOS X Y 810-8014N34A 08/01/13 08/01/14 COMBINED SINGLE LIMIT E,..1,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ X NON -OWNED HIRED, X AUTOS PROPERTY DAMAGE Per accident $ UMBRELLA LIAB HX OCCUR EACH OCCURRENCE $ 3,000,000 AGGREGATE $ 3,000,000 A EXCESS LIAB CLAIMS -MADE X Y CUP-8014N34A 08/01/13 08/01/14 DED I X 1 RETENTION $ 0 $ WORKERS COMPENSATION 77T WC STATU• OTH- ER AND EMPLOYERS' LIABILITY Y / NI ANY PROPRIETOR/PARTNER/EXECUTIVEE.L. OFFICERIMEMBER EXCLUDED? F_� N / A EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ (Mandatory In NH) If es, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ PROFESSIONAL LIABILITY OCCURRENCE 1,000,000 B AE -822247 09/15/13 09/15/14 AGGREGATE 2,000,000 DEDUCTIBLE 100,000 DESCRIPTION OF OPERATIONS / LOCATIONS! VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) RIGHT OF WAY COVERAGE - $25,000 DEDUCTIBLE THIS CERTIFICATE OF INSURANCE REPRESENTS COVERAGE CURRENTLY IN EFFECT AND MAY OR MAY NOT BE IN COMPLIANCE WITH ANY WRITTEN CONTRACT. RE: BIRMINHAM ROAD BRIDGE DESIGN 3 LOCATIONS ADDDITIONAL INSURED(S) INCLUDING ONGOING AND COMPLETED OPERATIONS/PRIMARY & NON-CONTRIBUTORY/WAIVER(S) OF SUBROGATION APPLY WHEN REQUIRED BY A WRITTEN CONTRACT IN FAVOR OF: THE CITY OF MILTON, GEORGIA, ITS OFFICIALS, EMPLOYEES, AGENTS AND VOLUNTEERS. 30 DAY NOTICE OF CANCELLATION APPLIES PER (continued on form 101) CERTIFICATE HOLDER CANCELLATION THE CITY OF MILTON, GEORGIA 13000 DEERF 1 ELD PARKWAY SUITE 1070 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. MILTON GA 30004 AUTHORIZED REPRESENTATIVE ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: LOC #: ACORL.�° ADDITIONAL REMARKS SCHEDULE Page of AGENCY NAMEDINSURED POLICY NUMBER CARRIER NAIC CODE EFFECTIVE DATE: THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: CERTIFICATE OF LIABILITY INSURANCE (continued from form 25) FORMS) ATTACHED. ACORD 101 (2008/01) Q 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ 0[CAREFULLY. This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART GENERAL DESCRIPTION OF COVERAGE—Thiaendorsement broadens coverage. However, coverage for any injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to this Coverage Part, and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement. The following listing is a general cover- age description only. Limitations and exclusions may apply to these coverages, Read all the provisions of this en- dorsement and the rest of your policy carefully to determine rights, duties, and what is and is not covered, ovar'agedoacriptionop|y.Lim1taUionaondaxo|uuionomayopp|ytothaaeoovanogea.RandaUthepxoviuionoofthiaen- domementond1heneainfyourpo|icyosxehuUytodotenninedghto.du8ae.andwhatisondianotcovered. A. Broadened Named Insured B. Incidental Medical Malpractice C. Reasonable Foroe—Bodi|y Injury Or Property Damage D. Non'Dwned\Naterureft— Increased To Up To 75 feet E. Aircraft Chartered With Pilot F. Extension Of Coverage — Oameya To Premises Rented To You G. Personal Injury —Assumed byContract H. Increased Supplementary Payments L Additional Insured — Owner, Manager Or Lessor OfPremises J. Additional |noured—LooaorOfLueaedEquip- ment PC Additional Insured — State Or Political Subdivisiona—PennhsRelatingToPremisoo L. Additional Insured — State Or Political Subdivisions — Permits Relating ToOperations A. BROADENED NAMED INSURED —UNNAMED SUBSIDIARIES The Named Insured |nItem 1.ofthe Declarations imamended oofollows: The person or organization named in Item 1. of the Declarations and any organization, other than o pmdnemhip, joint venture, limited liability com- pany or \ruei, of which you are the sole owner or in which you maintain the majority ownership in- terest on the effective date of the policy. How- M. Who Is An Insured — Newly Acquired Or Formed Organizations N. Injury To Co -Employees And Co -Volunteer Workers 0. Medical Payments Limit P. Knowledge And Ncd|ma Of Occurrence Or Offense Q. Other Insurance Condition R. Unintentional Omission S. Waiver Of Transfer Of Rights Of Recovery Against Others To Um When Required By Contract T. Amended Bodily Injury Definition U. Amended Insured Contract Definition — Rail- road Easement V. Addition|Definition—VVrittenContractRe- ever, coverage for any such additional organiza- tion will cease as of the date, if any, during the policy pariod, that you no longer are the sole owner of, or maintain the majority ownership in- terest in. such organization. B. INCIDENTAL MEDICAL MALPRACTICE 1. The following iaadded tothe definition cf^oc' ourrenoe"intheDEF|N{T|(3NSSeohon: Unless you are in the business or occupation ofproviding professional health care services, "occurrence" also means an act or omission CGD41SUSUOVRev.1n-oa @)2O08The Travelers Companies, Inc. Page of COMMERCIAL GENERAL LIABILITY committed bvany of your "employees" who is employed by you as m registered nurse, U- oenmnd practical nuxae, emergency medical technician or paramedic, in providing or failing to provide "incidental medical services" or "Good Samaritan services" toe ponmn, 2. The following is added to the DEFINITIONS Section: o, "Incidental medical services" means medical, surgical, dental, |oboratory, x-ray or nursing uem|ce, tnaokmen1, advice or instruction: the related furnishing of hood or beverages; the furnishing or dispens- ing of drugs or medical supplies or appli- ances; enoam�n,OrsJeid . b. "Good Samaritan services" means those medical services rendered orprovided in an emergency and for which no remu- neration is demanded or received. emu'nenetionisdamondedorraceived. 3. The following is added to Paragraph 2.m.(1) of SECTION H—WHO |8 AN INSURED Paragraphs (1)(m)' (b)` (c)and(d)above do not apply toany ofyour "emp|oyeoe''who are employed by you as a ,e0|etmnad nurse, li- censed practical nume, emergency medical technician or paramedic but only while per- forming the services er-fonningtheeen/ioea described in Paragraph 1.above and while acting within the scope nf their employment by you. Any such "employ- ees" rendering "Incidental mad|oe| services" or"Good Samaritan aemioeu''will be deemed to be acting within the scope of their employ- ment by you, mp|oy'mantbyyou. 4. The huUnwinQ exclusion is added to Para- graph 2. Exclusions of SECTION / — COV- ERAGES — COVERAGE A QV'ERAGES—COVERAGE& BODILY INJURY AND PROPERTY DAMAGE LIABILITY: Sale of Pharmaceuticals "Bodily injury" orarising ' out ufthe willful violation ofapenal statute or ordinance relating to the sale nfpharmaceuti- cals oommkted byo,with the knowledge or consent of the insured, for "bodily injury" that arises out ofproviding or failing to provide "incidental medical ser- vices" or orvioea"or "Good Samaritan aemioeo", except for insurance purchased specifically byyou to apply in excess of the Limits of Insurance shown in the Declarations for this Coverage Part, 6. The following is added to Paragraph 6. of SECTION III — LIMITS OF INSURANCE: For the purposes ofdetermining the applica- ble Each Occurrence Limit, all related acts ur omissions committed byany ofyour ''emp|oy- eau" in providing orfailing to provide,inciden- ta| medical services" or"Good Samaritan ser- vices" to any one person will be deemed to be er-vioem^honnyoneperson*iUbedeamedhzbe one "occurrence". C. REASONABLE FORCE PROPERTY DAMAGE — EXCEPTION TQEXPECTED 8R INTENDED |N - JURY EXCLUSION The following nap|eoaa Exclusion o., Expected Or Intended Injury, in Paragraph 2.ofSECTION |— COVERAGES — COVERAGE A BODILY IN- JURY AND PROPERTY DAMAGE LIABILITY: o. Expected 8rIntended Injury QrDamage "Bodily injury" or"property damage" expected or intended from the standpoint of the in- sured. This exclusion does not apply to"bod- i|yin/ury''or"property damage" resulting from the use of naoaonob|e force in protect any person orproperty. D. NON -OWNED WATERCRAFT — INCREASED TDOPTQ75FEET 1. The following nap|aoaa Paragraph (2) of Ex- clusion g, Aircraft, Auto Or VWotononaft. in Paragraph 2. of SECTION | —COVERAGE8 — COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY: (2) Awatercraft you donot own that is: (m) Less than 75feet long; and (b) Not being used tocarry any person or property for acharge, l -'—o----~~ The 10SECTION U—VVH{3 S. ThahoUowing�edded\oPonaQroph4.b`Ex^ |SAN cess |nsunmnow. of SECTION |V — COM- MERCIAL INSURED: GENEFAL LIABILITY C0N[W. Any person who, with your expressed min- TIONS: plied consent, either uses oriuresponsible for the use ofo nonmxned watercraft that is |ma� This insurance is e%000m over any valid and than 75feet and not being used to carry per - collectible "other insurance", whether primary, son or property for n charge is included as an axneaa, contingent or on any other basis, that insured under this Coverage Part, |mavailable toyou u,any ofyour "amp|oyeea" Page 2of8 @2UnoThe Travelers Companies, Inc, CG; D4 150508<nev.10-08> E AIRCRAFT CHARTERED WITH PILOT The following is added to Exclusion g., Ainznmft' Auto 8rWatercraft, |nParagraph 2.ofSECTION | —COVERAGE8 — COVERAGE A BODILY |N - JURY AND PROPERTY DAMAGE LIABILITY: This exclusion does not apply to an aircraft that (a) Chartered with opilot tnany insured; and (b) Not owned byany insured. F. EXTENSION OF COVERAGE — DAMAGE TO PREMISES RENTED TO YOU 1. The following replaces the last paragraph of SECTIONl—CQVERAGES—COVEHAGEA BODILY INJURY AND PROPERTY DAM- AGE LIABILITY: Exclusions c.through n. do not apply to dam- age to am'mgeto preno|aaa while rented to you, ortem- porarily occupied by you with panniaainn of the owner, caused by: a. Fire; b. Explosion; c. Lightning; d. Smoke resulting from such fire, expl000n. or lightning; or e. Water, A separate limit ofinsurance applies to this coverage as described inSECTION III —LIM- ITS COMMERCIAL GENERAL LIABILITY ofthe owner, caused by: fire; explosion; light- ning; smoke resulting from such fire, explo- sion, or lightning; or water, The Damage To Premises Rented ToYou Limit will apply toall "property demaga"proximately caused bythe same "oonUroanoe", whether such damage results from: [ire; explosion; lightning; smoke resulting from such fira, explosion, or light- ning, or water; o; any combination of any of these causes, The Cmn/ago To Pvaniueo Rented To You Limit will bathe higher of: o. $300.000; or b. The amount shown for the Damage To Premises Rented To You Limit in the Declarations for this Coverage Part. 4. The following nep|moea Paragraph a. of the definition of "insured contract" in the DEF)N}' T|ONG Section: m. A contract for e |auae of prem|oao. How- ever, that portion of the uon1noc1 for o lease of premises that indemnifies any person or organization for damage to premises vvhi|a rented to you, or tempo- rarily occupied annpo',ari|yocuupiad Uyyou with permission of the mmner, caused by: fine; explosion; lightning; smoke resulting from such fire, explosion, or lightning; or water is not an "insured contract"; G. PERSON/\L INJURY — ASSUMED BY CON- TRACT 2. The insurance under this Provision F. does The following replaces Exclusion a,Contractual not apply todamage Vo premises while rented Liability in Paragraph 2. of SECTION I — COV - to you, or temporarily occupied by you with ERAGES — COVERAGE B PERSONAL AND permission ofthe owner, caused by: ADVERTISING INJURY LIABILITY: o. Rupture, bursting` or operation of pres- sure relief devices oam'yunane|iefdemioao b. Rupture or bursting due to expansion or ovma|Ung of the nnnbanta of any building or otruo\una. caused by or resulting from wa- ter; ter'or c. Explosion of steam bni|o,e, steam pipes, steam engines, or steam turbines, 3. The following nep|ooau Paragraph G, of SEC. TION III — LIMITS 8FINSURANCE "Advertising injury" for which the insured has as- sumed |ietd|dy in e contract o, agreement. This exclusion does not apply to liability for damages that the insured would have in the absence of the contract oragreement, H. INCREASED SUPPLEMENTARY PAYMENTS 1. The following rap|euem Paragraph I.b. of SUPPLEMENTARY PAYMENTS — COVER- AGES A AND B of SECTION | — COVER- AGES: Subject to 5. above, the Damage To Prem- b' Up to $2,500 for cost of bail bonds o+ isesRentedTVYouUmit|othe most we will quined because of accidents mtraffic law pay under Coverage A for the aum of all violations arising out of the use of any damages because of "property damage" to vehicle trwhich the Bodily Injury Liability any one premises while rented to you. or Coverage applies. We do not have tofur- temporarily occupied by you with permission niohthese bonds. CGD410U5U8VRev10-m@2008The Travelers Companies. Inc. Page 3of8 COMMERCIAL GENERAL LIABILITY 2. The following replaces Paragraph 1.d' of SUPPLEMENTARY PAYMENTS—COVER, AGES A AND 8 of SECTION / — COVER- AGES: d. All naoonneb|e expenses incurred by the insured mtour request to assist us in the investigation or defense of the o|m|m or "su|f", including actual loss ufearnings up to $500 o day because of time off from work. i ADDITIONAL INSURED — OWNER, MANAGER 8RLESSOR 0FPREMISES 1. The following ieadded toSECTION ||—WHO |GANINSURED: Any person or organization that you have ognaad in o "written contract requiring insur- ance" to naur-nncm"ho include as an additional insured on this Coverage Part |aan inyured, but: m. Only with respect to liability for "bodily in' r "property damage" that occurs, or "personal injury" oeuwad by an cffonao committad, after you have entered into that "written contract requiring |nsurunoo"; and b Only ifthe "bodily injury", °proporty dam- age" or "personal injury" is oeuaed, in whole or in poM' by acts or omissions of you or any person or organization per- forming operations on your bnhalf, and arises out of the ownership, maintenance oruse ofthat part ofany premises leased toyou under that "written contract requir- ing insunonce" 2. The insurance provided tosuch additional in- sured under this Provision L is subject to the following provisions: e. The limits cfinsurance afforded nnsuch additional insured shall be the limits which you agreed (oprovide in the "writ- ten contract requiring insurance", or the limits shown in the Declarations for this Coverage Part, whichever are less; and b. The insurance afforded tosuch additional insured does not apply to: (1) Any "bodily injury" or "property dem' oga"thatoouum. or "personal injury" caused by an offense committed, af- ter you f-teryou cease to be otenant in that premises-, (2) Any structural aUeok|mnu, now con- struction or demolition operations performed by or on behalf of such additional insured; or (3) Any premises for which coverage is excluded by another endorsement to this Coverage Part, 3. This Provision [ does not apply on any basis to any person or organization for which cov- erage aaonadditional insured specifically is added byanother endorsement |othis Cover- age Port. J. ADDITIONAL INSURED — LESSOR GFLEASED EQUIPMENT 1. The following iaadded toSECTION U—WHO IS AN INSURED: Any person or organization that you have agreed in a "written contract requiring insur- ance" to nour'mnoa"to include as an additional insured on this Coverage Part iaoninsured, but: a. Only with respect to liability for "bodily in- jury" or "property damage" that occurs, or "personal injury" caused by an offense committed, after you have entered into that "written contract requiring inounanoo"; and b Only if the "bodily hnjury" "property dam- age" or "personal injuryr is caused, in whole o, in part, by acts nromissions of you or any person or organization per- forming operations on your behalf, in the mointenance, operation or use of equip- ment leased to you by such additional in- sured, 2. The insurance provided to such additional in- sured under this Provision J. is subject to the following provisions: a. The limits ofinsurance afforded \osuch additional insured uhoU be the limits which you agreed to provide in the "writ- ten contract requiring inaunmnm*". or the limits shown in the Declarations for this Coverage Port' whichever are less: and b. The insurance afforded tosuch additional insured does not apply: (1) To any "bodily injury" or "property damage" that occurs, or "personal in- jury" caused by an offense commit- ted, after the equipment lease ex- pires; or (2) If the equipment is leased with on operator. Page 4of8 Cc' z0n8The Travelers Companies, Inc, CGD415D5O8(Rev,10-08) 3. This Provision J.does not apply onany basis to any person or organization for which cov- erage as an additional ov-erogaeonnmddh|one| insured specifically is added byanother endorsement tothis Cover- age Pnrt. K. &QQ|T|QNAL INSURED —5TATE OR POLITI- CAL SUBDIVISIONS — PERMITS RELATING TB PREMISES The following is added to SECTION |} —VVHO IS AN|N3URED: Any state orpolitical subdivision that has issued m permit in connection with premises owned oroc- cupied by, or rented or loaned to, you, is on in- sured, but only with respect to "bodily in]ury'. "property damage". "personal injury" or "advertis- ing injury" arising out of the existence, ownership, use, maintananoe, repair, construction, erection or removal of advertising signs, ewnin0o, cano- pies, cellar entrances, oVa| holes, dhwawaya, mmnho|aa, monqueaa, hoist away openings, side- walk vaults, elevators, street banners ordecora- tions for which that m1m8e or political subdivision has issued such permit, L. ADDITIONAL INSURED — STATE OR P0L|T|- CALSUBDIVISIONS —PERMITS RELATING TO OPERATIONS The fb||ovvinQ is added to SECTION |i —VVHQ IS AN INSURED, Any state cxpolitical subdivision that has issued o permit ismninsured, but only with respect 1o"bod- il/inj . "property damage", "personal injury" or "advertising injury" arising out ofoperations per- formed by you or on your behalf for which that state or p8||tioy/ subdivision has issued such permit. However, nosuch state orpolitical subdi- vision is an insured for: ubdi'vio|mn|eaninouredfor 1. "Bodily injury", "property damage", "personal injury" nr"advertising injury" arising out ofop- erations performed for that state or political subdivision; or 2' "Bodily injury" cx "property damage" included within the "pnoducta—comp|atod operations hazard". M. WHO IS AN INSURED — NEWLY ACQUIRED OR FORMED ORGANIZATIONS COMMERCIAL GENERAL LIABILITY dod.whichever isearlier. Any such newly ac- quired orformed organization that you report in writing to us within 180 days after you ac- quire orform the organization will be covered under this provision until the end ofthe policy padod, even if there are more than 180 days remaining until the end of the policy period. N. INJURY TO CO -EMPLOYEES AND CO - VOLUNTEER WORKERS The following is added to SECTION || —WH0 IS 1. Your "employees" are insureds with respect to "bodily injury' to s co-'emp|oyee" in the course of the co -"employee's" employment by you, nrtoyour "volunteer workers" while per- forming duties related tothe conduct ofyour bumineaa, provided that this coverage for your "employees" duae not apply to oCte nutoida the scope oftheir employment byyou orwhile performing duties unrelated to the conduct of your business. 2. Your "volunteer workers" are insureds with respect to "bodily injury" to a oe'vo|un(an, work&' while performing duties related hothe conduct of your businoao, or to your ''emp|oy' aau" in the course of the ,employee's" em- ployment by you, provided that this coverage for your "volunteer workers" does not apply while performing duties unrelated tnthe con- duct o/your business, 3. 8ubponognspNc 2.o.(1)(m), (b) and (o) and 3.e. of SECTION U—WHO IS AN INSURED do not apply to "bodily injur/'for which insur- ance is provided by paragraph 1. or 2. above. naur-anoeiep,ovidedbypaxegroph1.or2.above O. MEDICAL PAYMENTS LIMIT The following replaces paragraph 7. of SECTION III — LIMITS 0FINSURANCE: Subject to S. above the Medical Expense Limit is the most we will pay under Coverage {} for all medical expenses because of "bodily injury" sus- tained by any one person, and will be the higher of: b. The amount shown on the Declarations for Medical Expense Limit, The following replaces Paragraph 4.a.ofSEC- P. KNOWLEDGE AND NOTICE OF OCCUR - TION 11 —WHO IS AN INSURED: CCOR'TIONP—VVMQU8AN|NSUREQ: REMCE{}BOFFENSE a. Coverage under this provision imafforded only The following ioadded toParagraph 2.Duties In until the 180h day after you acquire or form The Event of Occurrence, Offense, C|o|rn Or the organization or the end of the policy pe - CG D4 15 05 08 (Rev, 10-08 a' CGD410O5O8VRev10-08 @2O08The Tro, mmCumpanieo.Inc Page 5of8 COMMERCIAL GENERAL LIABILITY Suit ofSECTION |V—COMMERCIAL GENERAL anme" by the method described in c. LIABILITY CONDITIONS: below. Notice of an "occurrence" or of on offense which b. Excess Insurance may result in m claim must be given as aocm as This insurance ioexcess over any of practicable after knowledge ofthe ''ocournenoo"or the ''other iDaunanoe", whether pri- of#naa has been reported to you, one of your marK nxoeme, contingent or on any "executive offioevs�' (if you are a uorpuration), one other basis: of your partners who is an individual (if you are o (1) That is Fine, Extended (}ovanege partnership), one ofyour managers (if you are a Builder's Risk, Installation Risk, limited liability oompany), one of your trustees ` or similar coverage for "your who is an individual (if you are o trmst), or on work"; "employee" (such auon insurance, loss control or risk riokmanageror administrator) designated by you (2) That is Fire insurance for prem - tog��mu^ch nodue� iseo rented toyou or temporarily occupied by you with permission Knowledge by any other "employee" of an "occur- ofthe owner, renue" or offense does not imply that you also (3) That is insurance purchased by have such knowledge, you to cover your liability as a Notice of an ''ouourn*nma~ or of an offense which tenant for "property damage" to may result |kaclaim will bodeemed tobegiven premises rented 10You ortempo- as soon as practicable to us |fitiu given in good nad|y occupied by you with per - er-foithoaauonaapnau1icmb|a1oyourvvorkara'uom- faith as soon as practicable to your workers' com- mission of the owner: or panoet|on, ouo|denL or health insurer. This op' (4) If the |oaa arises out of the main - plies only if you subsequently give notice of the 1enanoe or use of aircraft, 'hocunence` oroffense hu us as soon as pra/ti "aubom", or watercraft to the ex- x' cable oob|omMeryou.oneofyVur"emecukivaoffioere"(if tent not subject (oExclusion g.of you are a uorpormUon), one of your partners who Section | — Coverage A— Bodily is an individual (if you are portnacohip), one of Injury And Property Damage L|' your managers (if you are Um|ksd Uob|U(y oom' ability; or msny).one oyyour trustees who iaanindividual (if (5) That is available to the insured you are otrun[). oron"emp|nyae" (such as an in- when the insured is an additional uunanue, loss control orrisk manager o,adminie' insured under any other po|ioy, ira1or)designated byyou to give such not|oedim' including any umbrella orexcess ouvexa that the "occurrence" or offense may in' policy. vo|vethis policy, When this insurance is excess, we Q. OTHER INSURANCE CONDITION will have no duty under Coverages A 1. The following replaces Paragraph 4.` Other or B.to defend the insured against "suit" Insurance of SECTION |\/— COMMERCIAL any if any provider of "other in- LIABILITY CONDITIONS: euronoo'' h�aa du�y�odefend�ha in- sured aga|not that ''euif'. If no pro - 4. OtharInsunanca vidor of "other insurance" defends, |fvalid and collectible "other insurance" ia «vewill undertake 1odoso, but wawill available to the insured for a |ooa we be entitled to the inoured'a rights cover under Coverages /\ or B of this oQeinai all those providers of ''cdhar Covet -age Part, our obligations are limited insurance". mmfui|owo: When this insurance is oxcaaa over a" Primary Insurance "other inmurenue", we will pay only our share ofthe amount ofthe |oam' if This insurance is primary o«coP( any, that exceeds the sum of: when b. below applies. If this inoup once is primmry, our obligations are (1) The \(tm| amount that all such not affected unless any ofthe "other "other insurance" would pay for innurmnoe" is also primary. Then, we the |oao in the absence of this in' will share with all that "other insur- surance; and Page 0of8 Oc2Ou0The Travelers Companies, Inc. CGQ41SU5O8(Rev.10-08) C8 The total of all deductible and self-insured amounts under that "other insurance", We will share the remaining loss, if any, with any "other insurance" that im not described in this Exmaoo Insur- ance provision, nour-anoaprovia|on, c. Method Of Sharing If all of the "other insurance" permits contribution by equal shares, we will follow this method also, Under this approach each provider ofinsurance contributes equal amounts until ithas paid its applicable limit of insurance or none of the |nom remains, which- ever comes first, vhich'everoomeafirsd. If any of the "other insurance" does not permit contribution by equal aharee, we will contribute by limits. Under this method, the share of each provider ofinsurance is based on the noUn of its applicable limit of insur- ance nmuFonco to the total applicable limits of insurance of all providers of insur- ance. 2. The following definition isadded to SECTION "Other insurance": a. Means |nauronoa, or the funding of |naaea, that iaprovided by, through orcm behalf of (1) Another insurance company; (%) Us or any ofour affiliated insurance compaMies, except when the Non cumulation ofEach Occurrence Limit section ofParagraph 5' ofLIMITS QF INSURANCE (Section |||)orthe Non cumulation of Personal andAdvorha- ino Injury limit sections ofParagraph 4. of LIMITS OF INSURANCE (Sec- tion (3) Any risk retention group; Wl Any self-insurance method or pro- gram, other than any funded by you and over which this Coverage FoM applies; or (5) Any similar risk transfer or risk monagement method, - COMMERCIAL GENERAL LIABILITY |nouranue shown on the Declarations of this Coverage Part, R. UNINTENTIONAL OMISSION 1. The following isadded toParagraph 6.Rep- resentations of SECTION 0—COMMER- CIAL GENERALLiAR|UTYCONDITN]N8: The unintentional omission of, or uninten- tional error in, any information provided by you which we relied upon in issuing this policy shall not prejudice your rights under this in- surance. 2. This Provision R. does not affect our right to collect additional premium or to exercise our right of cancellation or nonrenewal in accor- dance with applicable insurance laws or regu- |ationa. S. WAIVER OF TRANSFER OF RIGHTS OF RE- COVERY AGAINST OTHERS TO US WHEN REQUIRED BY CONTRACT The following is added to Paragraph 0.Transfer of Rights ufRecovery Against Others to Us of SECTION |V — COMMERCIAL GENERAL LI- ABILITY CONDITIONS: |'A8|L|TYCON0T|[}NS: We waive any rights of recovery we may have against any person o, organization because o/ payments we make for "bodily injury". "property damoga","personal irjury''or"advertising in]ury" arising out of: 1. Premises owned by you, temporarily occu- pied byyou with permission of the owner` or leased orrented 1oyou; 2. Ongoing operations performed by you, or on your boha|f, under o contract or ogmomerd with that person urorganization; 3. "YourwoW': or 4. ^Yourproducts7. We waive these rights only where you have agreed todos000 part ofa "written contract re- quiring insurance" entered into by you before, and *qu|hnginourence^enievedinVobyyoubefnna.and in effect when, the "bodily injury" or "property damage" occurs, or the "personal injury" uUenma or"advertising injury" offense iacommitted. T. AMENDED BODILY INJURY DEFINITION The following replaces the definition of "bodily injury" inthe DEFINITIONS Section: b. Does not include umbrella insurance, or "Bodily injury" means bodily injury, mental an - excess insurance, that you`h' g«ish mental injury, shock, fright, disability,disability,disability,hu' oifioo|k/toopply|nnxuesnoftheLimits of mUiation' sickness ordisease sustained byaper- CG COMMERCIAL GENERAL LIABILITY son, including death resulting from any of these at "Written contract requiring insurance" means that any time. part of any written contract or written agreement U. AMENDED INSURED CONTRACT DEFINITION under which you are required to include a person — RAILROAD EASEMENT or organization as an additional insured on this Coverage Part, provided that the "bodily injury" 1. Subparagraph c. of the definition of "insured and "property damage" occurs, and the "personal contract" in the DEFINITIONS Section is re- placed by the following: injury" is caused by an offense committed: c. Any easement or license agreement; a. After the signing and execution of the contract or agreement by you; 2. Subparagraph f.(1) of the definition of "in- b. While that pari of the contract or agreement is sured contract" in the DEFINITIONS Section in effect; and is deleted. V. ADDITIONAL DEFINITION —WRITTEN CON - c. Before the end of the policy period. TRACT REQUIRING INSURANCE The following definition is added to the DEFINI- TIONS Section: Page 8 of 8 © 2008 The Travelers Companies, Inc. CG D4 15 05 08 (Rev. 10-08) COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED - WRITTEN CONTRACTS (ARCHITECTS, ENGINEERS AND This endorsement modifiooinsurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART 1. The following isadded hnSECTION |!— WHO B ANINSURED: Any person or organization that you agree in m �whUoncontract requiring insurance" Uoinclude oa anadditional insured onthis Coverage Part, but: o. Only with respect to liability for "bodily injury". "property damage" or"personal injury";and b^ If, and only to the extant that, the injury or damage is caused by ads or omissions of you uryour subcontractor in the performance of "your work" to which the "written contract requiring innunynuo" applies. The person or organization does not qualify aoanadditional insured with respect to the independent acts oromissions ofsuch person ororganization. The insurance provided tosuch additional insured is limited as follows: c. In the event that the LhnUo of Insurance of this Coverage Part shown inthe Declarations exceed the limits of liability required by the "written contract requiring insurance". the in- surance provided to the additional insured shall helimited tothe limits mfliability required by that ^vvrkhan contract requiring insurance". This endorsement shall not increase the limits of insurance described in Section ||| — Limits Of|nouusnua. d. This insurance does not apply tothe render- ing endepinQ of or failure to render any "professional aanicom" or construction management errors or omissions. n. This insurance does not apply to "bodily in- jury" or "property damage" caused by "your work" and included in the "products - completed operations hazard" unless ihe "vvdMan contract requiring insurance" specifi- cally requires you toprovide such coverage for that additional insured, and then the insur- ance provided to the additional insured up- pikaa only to such "bodily injury" or "property damage" that occurs before the end ofthe pe- riod ofbme for which the "written contract re- quiring insurance" requires you to provide such coverage nrthe end ofthe policy period, whichever iaearlier. 2. The following is added to Paragraph 4.a. ofSEC- TION |V—COMMERCIAL GENERAL LIABILITY C(J00!T|QNS: The insurance provided tothe additional insured is oxoeoo over any valid and collectible "other in' auoanoa^, whether primary. excess, contingent or on any other basia, that is available tothe addi- tional insured for a loss we cover. However, if you ddi'Uona|insunadfora|ooavveoover.HmwoVer.ifyou specifically agree inthe "written contract requiring insurance" that this insurance provided tothe ad- ditional insured Under this Coverage Port mnust apply on o primary basis or primary and non- contributory basis, this insurance is primary to "'other insurance" available to the additional in- ouredwhich covers that person nrorganization oe a named insured for such |oms, and we will not share with that "other insurance". But this insur- ance naupanoe provided tothe additional insured still is ex- cess over any valid and co||eodb|a "other insur- ance", nauponue,. whether primory, exoeao, contingent or on any other banin, that in available to the additional insured when that person or organization is an additional insured under any "other insurenoe" 3. The following iaadded toSECTION |V~~COM- MERCIAL GENERAL LIABILITY CONDITIONS: Duties Of&nAdditional Insured As o condition of coverage provided tothe addi- tional insured: ddi'(iona|inauned: a. The additional insured must give us written notice as soon as practicable of on "occur- rence" oocupronoo" or an offense which may nynu(t in e claim. To the extent poesib|e, such notice should include: {GD41404 08 Qm008The Travelers Companies, Inc. Page 1of2 COMMERCIAL GENERAL LIABILITY i. How, when and where the "occurrence" or offense took place; ii. The names and addresses of any injured persons and witnesses; and iii. The nature and location of any injury or damage arising out of the 'occurrence" or offense. b. If a claim is made or "suit" is brought against the additional insured, the additional insured must: L Immediately record the specifics of the claim or "suit" and the date received; and ii. Notify us as soon as practicable. The additional insured must see to it that we receive written notice of the claim or "suit" as soon as practicable. c. The additional insured must immediately send us copies of all legal papers received in con- nection with the claim or "suit", cooperate with us in the investigation or settlement of the claim or defense against the "suit", and oth- erwise comply with all policy conditions, d. The additional insured must tender the de- fense and indemnity of any claim or "suit" to any provider of other insurance which would cover the additional insured for a loss we cover. However, this condition does not affect whether this insurance provided to the addi- tional insured is primary to that other insur- ance available to the additional insured which covers that person or organization as a named insured. 4. The following is added to the DEFINITIONS Sec- tion: "Written contract requiring insurance" means that part of any written contract or agreement under which you are required to include a person or or- ganization as an additional insured on this Cover- age Part, provided that the "bodily injury" and "property damage" occurs and the "personal in- jury" is caused by an offense committed: a. After the signing and execution of the contract or agreement by you; b. While that part of the contract or agreement is in effect; and c. Before the end of the policy period Page 2 of 2 Q 2008 The Travelers Companies, Inc. CCs D4 14 04 08 COMMERCIAL GENERAL LIABILITY I OL 101.113 9 This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART GENERAL DESCRIPTION OF COVERAGE—Thiaandorsementbmadenscovemge.However.covecage for any injury, damage or nxed|oo| expenses described in any of the provisions of this endorsement may be excluded o, limited by another endorsement to this Coverage Part, and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such on endorsement. The following listing is general cover- age description only, Limitations and exclusions may apply to these coverages. Read all the provisions of this en- dorsementondthoneatofyourpo|ioyoarefu||ytodeianninehghto.duUex`endwhatiaondimnotoovered. A. Broadened Named Insured El Incidental Medical Malpractice C. ReaaonobleFmom—Bodi|y|njuryQrPmpmdy Damage D. Non -Owned VVaternreft— Increased To Up To 75 feet E. Aircraft Chartered With Pilot F. Extension Of Coverage — Damage To Premises Rented ToYou G. Personal Injury —Assumed byContract H. Increased Supplementary Payments ]. Additional Insured — Owner, Manager Or Lessor OfPremises J. Additional Insured — Lessor Of Lonaad Equip- ment K. Additional Insured — State Or Political Subdivisions — Permits Relating ToPremises L. Additional Insured ~- State Or Political Subdivisinna—PennitaRo|sUingToOperations PROVISIONS A. BROADENED NAMED INSURED — UNNAMED SUBSIDIARIES The Named Insured in Item 1.ofthe Declarations isamended oafollows: The person ororganization nornad in Item 1. of the Declarations and any organization, other than a partnership, 'oink venture, limited liability com- pany or trust, of which you are the ao|o owner or in vvh|oh you maintain the majority ownership in- terest on the effective data of the policy. How- M. Who Is An insurod—Newly Acquired Or Formed Organizations N. Injury To Go -Employees And Co -Volunteer Workers Ck Medical Payments Limit P. Knowledge And Notice Of Occurrence Or Offense Q. Other Insurance Condition RL Unintentional Omission S. Waiver Of Transfer Of Rights Of Recovery Against Others To Us When Required By Contract T. Amended Bodily Injury Oefini\|nn U. Amended Insured Contract Definition — Rail- road Eouamant V. Additional Definition —VVhtten Contract Re- quiring Insurance a'quiring|Dounanoa ever, coverage for any such additional organiza- tion will cease as of the do\e, if any, during the policy pehod, that you no longer are the sole owner of, or maintain the majority ownership in- terest in, such organization. B. INCIDENTAL MEDICAL MALPRACTICE 1. The following ieadded <othe definition nf"mo' curnynua"intheDEF|M|T|<3NSSeotinn: Unless you are in the business oroccupation of providing professional health care services, "occurrence" also means an act or omission CGD415 05 08yRo,10-08 @20OoThe Travelers cunnpanas, Inc. Page of COMMERCIAL GENERAL LIABILITY corrit-nitted byany ofyour "emp|uyee"who is employed by you as m registered nurse, li- censed pnmcAioo| nurse, emergency medical technician orparamedic, |nproviding orfailing to provide "incidental medical services" or "Good Samaritan services" ioeperson, 2. The following is added to the DEFINITIONS Section: m. "Incidental medical serviced' means medical, surgical, dental, |eborehory, x-ray or nursing aenjoa` treatment, advice or instruction; the related furnishing of food or be/onsgaa: the furnishing or dispens- ing ofdrugs or medical supplies or appli- ances; orfirst aid. h. "Good Samaritan services" means those medical services rendered or provided in C on annergenoy and for which no remu- neration iodemanded orreceived. 3. The ho||ovWnA is added to Paragraph 2.m.(1) of SECTION U—WHO |SA0INSURED Paragraphs (1)(a),(b)^(c) and ¢Uabove do not apply tuany ofyour "emp|oynes°who are employed by you as o registered nurse, li- censed pnootiuo| nurse, emergency medical technician mFparamedic but only while per- forming the aerv|oaa described in Paragraph 1.above and while acting within the scope u/ their employment by you. Any such "employ- ees" rendering "incidental medical oam|oes�' or "Good Samaritan services" will be deemed to be acting within the scope of their employ- ment by you, mp|oy'mantbyyou. 4. The following exclusion is added to Para- graph 2. Exclusions of SECTION | — COV- ERAGES — OV`ERAGES— COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY: Sale of Pharmaceuticals "Bodily injury" or "arising out ofthe willful violation ofopenal statute or ordinance relating tothe sale ofpharmaceuti- cals oummbkad bvorwith the knowledge or consent o[the insured, for "bodily injury" that arises out of providing or failing to provide "Incidental medical ser- vices" or "Good Samaritan oemicus', except for insurance purchased specifically byyou to apply in mxoeoe of the Limits of Insurance shown in the Declarations for this Coverage Part. G. The following is added to Paragraph S. of SECTION III — LIMITS OFINSURANCE: For the purposes of determining the applica- ble Each Occurrence Limit, all related acts u, omissions committed by any of your ''employ- ees" in providing urfailing to provide ''|no|dan- to| medical eemioas�'or"Good Samaritan ser- vices" to any one person will be deemed to be er-v|ceu^{oanyonepensonvvi||badeemedtobe one "occurrence". REASONABLE FORGE PROPERTY DAMAGE — EXCEPTION TO EXPECTED OR INTENDED IN- JURY EXCLUSION The following replaces Exclusion a.`Expected Or Intended Injury, in Paragraph 2. of SECTION | — COVERAGES — COVERAGE /\ BODILY IN- JURY AND N~JURY/\ND PROPERTY DAMAGE LIABILITY: e. Expected 8rIntended Injury OvDamage "Bodily injury" or"property damage" expected or intended from the standpoint of the in- sured. This exclusion does not apply 10 "bod- ily injury" or "property damage" resulting from 'bnd'i|yin]Vry^o,"propedydamaga"veeu|Ungfnom the use of reasonable force to protect any person orproperty. D. NON -OWNED WATERCRAFT — INCREASED T8UPT37SFEET 1. The following nap|emaa Paragraph (2) of Ex- clusion g.. Aircraft, Auto Or Watercraft, in Paragraph 2' of SECTION | —COVERA8E8 — COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY: (2)Awatercraft you donot own that is: (a) Less than 75feet long; and (b) Not being used (ucarry any person or property for acharge. 2. The foUuwng�added toGECTN UVU —HQ 5.Th$fn|�Vvng�addod;opu�graph4.b..Ex~ |8&NINSURED: '{� cess Insurance, of SECTION |V — COM- MERCIAL GENERAL LIABILITY CONDI. Any person who, with your expressed or im' T|ONS: plied consent, either uses uriaresponsible for the use of nonmwnedwatercraft that im less This insurance is exmaae over. any valid and than 75 feet and not being used to carry per - collectible "other insurance". whether primary, son orproperty for o charge is included osan excess, contingent ornnany other basis, that insured Linder this Coverage Part, isavailable tuyou orany cfyour "mmp|oyeas" Page 2of8 Oc 2008 The Travelers Companies, Inc. CGD415 05 08<Rev.10-08 COMMERCIAL GENERAL LIABILITY E. AIRCRAFT CHARTERED WITH PILOT ofthe owner, caused by: fire; explosion; light - The fd|owi is added to Exclusion Q`. Aircraft, n|nQ, smoke moulting from such fire, expk, Auto0rVVatercnzft.|nPeragrmph2.ofSECT|[>N mion.ovlightning; orwater, The Damage To | — COVERAGES — COVERAGE A BOD/LY |N' pram|aea Rented To You Limit will apply ioall JURY AND PROPERTY DAMAGE LIABILITY: "property damage" proximately caused bythe This exclusion does not apply to an aircraft that same "ocour»nnua'", whether such damage is: results from: fire; explosion: lightning; smoke resulting from such fine, explosion, or light - (a) Chartered with a pilot to any insured; and |0it'(o)Chartenadwithapi|ct&oanyinauved;and n|ng|orwater; orany combination o[any of (b) Not owned byany insured. these causes, F EXTENSION OFCOVERAGE — DAMAGE T0 PREMISES RENTED TO YOU 1. The following replaces the last paragraph of SECTION |— COVERAGES — COVERAGE A BODILY INJURY AND PROPERTY DAM- AGE LIABILITY: Exclusions c.through n.donot apply todam- age \o premises while vented to you, ortem- porarily occupied by you with permission of the owner, caused by: m. Fire; b. Explosion; c. Lightning; d. Smoke resulting from such fire, explosion, or lightning; or e. Water. A separate limit of insurance applies to this coverage amdescribed in SECTION M|—LIM- ITS 2. The insurance under this Provision F does not apply todamage topremises while rented N you, or temporarily occupied by you with permission ofthe owner, caused by: a. Rupture, bUrst|ng, or operation of pres- sure relief devices; . b. Rupture or bursting due boexpansion or swelling ofthe contents ofany building or structure, caused bymrresulting from wa- ter; or m'ter;or o. Explosion of steam boUam, steam pipes, steam engines, orsteam turbines, 3. The following replaces Paragraph 6. ofSEC- TION U|—LIMITS Of INSURANCE The Damage To Premises Rented To You Limit will be the higher of: o. $300,000; or b. The amount shown for the Damage To Premises Rented To You Limit in the Declarations for this Coverage Part. 4. The following replaces Paragraph m. of the definition of "insured contract" in the DEFINI- TIONS a. Acontmct for alease ofpremises. How- ever, that portion of the contract for e lease of premises that indemnifies any person or organization for damage to prennieea vvhi|a nsr8ad to you, or tempo- rarily occupied ampo'rori|yocoupied byyou with permission of the ownar, caused by: fire; explosion; lightning; smoke resulting from such fina, explosion, or lightning,* or water is not an "insured contract"; G. PERSONAL INJURY — ASSUMED BY CON- TRACT The following replaces Exclusion e.,Contractual Liability in Paragraph 2. of SECTION | — COV- ERAGES — COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY: "Advertising injury" for whioh the insured has as- sumed liability in o contract or agreement. This exclusion does not apply to liability for damages that the insured would have in the absence of the contract oragreement. H. INCREASED SUPPLEMENTARY PAYMENTS 1. The following rap|moaa Paragraph 1.b. of SUPPLEMENTARY PAYMENTS — COVER- AGES A AND B of SECTION | — COVER - Subject 10 SL abcwa' the ~~'~*^To Prem - b. Up to $2500 for cost of bail bonds o+ �ae RamAad To You Limit isthe most we will' quined because of accidents or traffic |e* pay Undo[ Coverage A for the sum of all violations arising out of the use of any doDnmgeo because of "property damage" to vehicle towhich the Bodily Injury Liability any one premises while rented to you. or Coverage applies, VVedonot have tnfur- temporarily occupied by you with permission nimhtheae bonds, CGD41S05 08 (Rev. 10-08) g2008 The Travelers Conipani es, Inc. Page 3of8 COMMERCIAL GENERAL LIABILITY 2. The following replaces Paragraph 1.d. of SUPPLEMENTARY PAYMENTS — COVER. AGES AMND B of SECTION | —COVER' AGES: d. All reasonable expenses incurred by the insured atour request to oaaie1 us in the investigation or defense of the claim or ,muif. including actual |oya of earnings up to $500 e day because of time off from work. |. ADDITIONAL INSURED — OWNER, MANAGER {}RLESSOR OFPREMISES I. The following iaadded toBECTION||—WHO IS AN INSURED: Any person or organization that you have agreed in o '\wh#on contract requiring insur- ance" to nsur-ancc''to include eoen additional insured on this Coverage Part isan insured, but: o. Only with respect to liability for "bodily in- jury" or "property damage" that n']ury"or"p[opertydamage°thmt occurs, or "personal injury" caused by an offense committed, after you have entered into that "written contract requiring inounmnoe"; and b Only if the "bodily |njury","property dam- age" or "personal injury" is oauued, in whole or in port, by acts or omissions of you or any person or organization per- forming operations on your behalf, and mr|aeo out of the ownership, maintenance oruse ofthat part ofany premises leased to you under that "written contract requir- ing 2. The insurance provided 1osuch additional in- sured under this Provision i is subject to the following provisions: a. The limits ofinsurance afforded iosuch additional insured shall be the limits which you ognaod to provide in the "writ- ten coo1naoi requiring inounance", or the Unlita shown in the Declarations for this Coverage Pert, whichever are less; and b. The insurance afforded tosuch additional insured does not apply to: (1) Any "bodily injury" or "property dam- age" that occurs, or "personal injury" caused bymnoffense committed, af- ter you f-1eryou cease to be atenant inthat premises; (2) Any structural a|banatione, new con- struction or danno||1|on operations performed by or on behalf of such additional insured; or (3) Any premises for which coverage is excluded by another endorsement ho this Coverage Pmrt, 3. This Provision i does not apply on any basis to any person or organization for which cov- erage auanadditional insured specifically ia added byanother endorsement tothis Cover- age Part, cwer-aAePad. J. ADDITIONAL INSURED —LESSOR {DFLEASED EQUIPMENT i. The following is added to SECTION || — WHO |SANINSURED: Any person or organization that you have agreed in a "written contract requiring insur- ance" to neur'once''to include as an additional insured on this Coverage Part is an inaued, but: m. Only with respect to liability for "bodily in- jury" or "property damage" that occurs, or n']ury'o,°propadydamoge"thatocouro.or "personal injury" caused by an offense oommitted, after you have entered into that "written contract requiring inauvenoe"; and b. Only if the "bodily injury" dam- age" or "personal injury" is caused, in whole or in part, by acts oromissions of you or any person or organization per- forming eptorm|ng operations on your behalf, in the maintenance, operation or use of equip- ment leased to you by such additional in- sured. 3. The insurance provided to such additional in- sured under this Provision J. is subject n'aunedunderthisProvainnJ.isaubjemt to the following provisions: e. The limits ofinsurance afforded h»such additional insured aho|| be the limits which you agreed to provide in the "writ- ten contract requiring insurance", or the limits shown in the Declarations for this Coverage Part, whichever are less: and b. The insurance afforded tosuch additional insured does not apply: (1) To any "bodily injury" or "property damage" that occurs, or"personal in- jury" caused by an offense commit - led, after the equipment |enea ex- pires-, or (2) If the equipment is |emaod with an Page 4of8 @ 2008 The Travelers Companies, Inc- {GD4150508(Rev. 10-08) 3. This Provision J.does not apply onany basis to any person morganization for which cov- erage asanadditional insured specifically is added byanother endorsement tothis Cover- age Pmrt. K. ADDITIONAL INSURED — STATE Q)RPOLITI- CAL SUBD|V}S\C}NS—PER00|T8RELAT\NGT@ PREMISES The following iuadded toSECTION U—WHO |S Any state orpolitical subdivision that has issued a permit in connection with premises owned or oc- cup|edby, or rented orloaned to, you, is an in- aunad, but only with noupec1 to "bodily injury", "property damage", "personal injury" or''edvartia' |ng|njury"arioinQnu|oftheex|stmnce.mwnerohip` use, maintenance, napair, construction, erection or removal of advertising signo, awninga, onno- piea, cellar enknanmoa, oou| ho|ay, driveways, manho|eo, manquoem, hoist away openings, side- walk vaults, eksyskona, street banners ordecora- tions for which that g{sda or political subdivision has issued such permit. L. ADDITIONAL INSURED — STATE OR PQL|T{- CALSUBDIVISIONS —PERMITS RELATING TO OPERATIONS The following is added to SECTION If —VVHU IS ANINSURED: Any state orpolitical subdivision that has issued a permit ioaninsured, but only with respect to"bod- ily injury", bnd'i|y|'ump. "property damage", "personal injury" or "advertising injury" arising out ofoperations per- formed by you o, on your behalf for which that state or political subdivision has issued such permit However, no such state or pu|i1iom| subdi- vision is an insured for: 1. "Bodily injury", "property damage", "personal injury" or "advertising injury" oha|ng out ofop- erations performed for that eieta or political subdivision; or 2. "Bodily injury" or "property damage" included within the "products —comp|ofad operations hazard". M. WHO IS AN INSURED — NEWLY ACQUIRED OR FORMED ORGANIZATIONS The hz||mming nep|eoas Paragraph 4.o. ofSEC- TION U—WHO |SANINSURED: COMMERCIAL GENERAL LIABILITY hod.whichever ioearlier. Any such newly ac- quired or formed organization that you report in writing to us within 180 days after you ac- quire orform the organization will be covered under this provision until the end ofthe policy period, even if there are more than 180 days remaining until the end o[the policy period, N. INJURY TO CO -EMPLOYEES AND CO - VOLUNTEER WORKERS The following isadded hoSECTION U—WHO 0 1. Your "employees" are insureds with respect to "bodily injury' to o co -"employee" in the course ufthe oo'°emp|oyea's"employment by you, or to your "volunteer workers" while per- forming duties related to the conduct of your business, provided that this coverage for your "amp|oyeea" duaa not apply lu acts outside the scope oftheir employment byyou orwhile perfbrming duties unrelated tothe conduct of your business. 2. Your "volunteer workers" are insureds with respect to "bodily injury" to o co -"volunteer worker" while performing duties related to the conduct ofyour business, ortoyour ''emp|oy' ena" in the course of the "employee's" em- ployment by you, provided that this coverage for your "volunteer workona" does not apply while performing duties unrelated tothe con- duct ofyour business, 3. Subparagraphs 2.a.(1)(m)' (b) and (o) and S.o.nfSECTION U—WHO |SANINSURED do not apply to "bodily injury" for which insur- ance is provided by paragraph 1. or 2. above, nmur'enceisprovidedbypanoQreph1.or2.mbove, 0\ MEDICAL PAYMENTS LIMIT The following replaces paragraph 7.*fSECTION III — LIMITS OFINSURANCE: Subject to 5. above, the Medical Expense Limit is the most we will pay under Coverage C for all nnad|oa| expenses because of "bodily injury" sus- tained byany one panson, and will be the higher of. b. The amount shown or) the Declarations for Medical Expense Limit. P. KNOWLEDGE AND NOTICE OF OCCUR- RENCE []ROFFENSE a, Coverage under this provision isafforded only The following is added iuParagraph 2.Duties (n until the 180h day after you acquire or form The Evantof Ocounenoe, Qfensu, Claim Or the organization or the and of the policy pe - CG D4 15 05 08 (Rev. 10-08) e'CGD41SD5Q8(Fm,.1O-00) @ou0oThe Travelers Companies. Inc. Page of COMMERCIAL GENERAL LIABILITY Suit ofSECTION [V—COMMERCIAL GENERAL omm"bythe method described |nc. LIABILITY CONDITIONS: below. Notice of an "occurrence" urufon offense which b. Excess Insurance may neou|| in o claim must be given as soon as This insurance iaexcess over any of practicable after knowledge nfthe ''000urnanoe"or the "other inmunsnos'', whether pd - offense has been reported to you, one of your mery, axueae, contingent or on any `'execu\ivaofficers" (if you are auorporation).one other basis: of your partners who is an individual (if you are e (1) That is Fire, Extended Coverage, vorage one of your managers (if you are a 'partnership), Builder's R'ah Installation Risk,|imi|ed liability mumpany), one of you, trustees or similar coverage �x "your who is on individual (if you are a truo(), or an vorW';^amp|oyee"(ouoheman insurance, loss control or risk manager oradministrator) designated by you prem - (2> That |a Fire insurance for pr�m' io give such nckioe� iueo rented to you or temporarily occupied bvyou with permission Knowledge byany other "emp|oyaa''ofau''ocouF of the owner; nanoe' or offense does not imply that you also (3) That is insurance purchased by have such knowledge. you to cover your liability as o Notice of an "occurrence" orofen offense which tenant for "property damoge" to may result in a claim will be deemed to be given premises rented kzyou ortempo- as soon as practicable to us if itiogiven in good nah|y occupied by you with per - er-faithe0000naapnoctimab|ob»ymurwurkerm'onm' faith as soon as practicable to your workers' com- mission nfthe owner; m[ panma1inn, accident, or health insurer. This ep- (4) |fthe loss arises out ofthe main - plies only if you subsequently give notice of the tenmnoe or use of o|nonaft. °000urrenca" o,offense toua aasoon aa pnaud' "au0oo", or waK*noro0 to the ex - x'cab|aoDe,you.nneofynur"exeoukivoofficers"(if cable after you, one of your "executive officers" (if tent not subject toExclusion g.of you are oorporat|on), one of your partners who Section | — Coverage A— Bodily is an individual (if you are a partnership), one of Injury And Property Damage L| - your managers (if you are o ||nm|tod liability oom' ability; or peny),one cf yourtrustees who iaanindividual (if (5) That is available to the insured you are trust), or an "employee" (such as an in' when the insured is on additional oununma. loss control orrisk manager oradminis' insured under any other po|ioy, tna8zr)designated byyou to give such notice dia- including any umbrella orexcess covers that the "oouurnan*y" or offense may in- policy. vo|vothis policy, When this insurance ioexcess, we Q. OTHER INSURANCE CONDITION will have noduty under Coverages A 1. The following replaces Paragraph 4.. Other or B to defend the insured against Insurance ofSECTION |\/—COMMERCIAL any ''auif'ifany provider cf"other in - GENERAL LIABILITY C[>ND|T|{}NS' uunenoa'' hes o duty tudefend the in- sured ouned ogainst that "suit", If no pro - 4. Qthor|nsurmnoe v|der of "other insurance" defends, |fvalid and collectible "other insurance" |a wowill undertake tudoso, but w*will available to the insured for m |ooa we be entitled to the inaumd's dOhda cover under Coverages /\ or B of this against all those providers of "other Coverage Part, our obligations are limited insurance". as follows: When this insurance is excess over a. Primary Insurance "other inuuranoa'', we will pay only This |nayuanoa is primary except our�h�nonf�hoamoun�of�he|mao � ' when b. below applies. If this insup ony, that ` � anoe is primary, our obligations are (1) The total amount that all such not affected un|aoo any of the "other "other insurance" would pay for inaurance" is also primary. Thon, we the loss inthe absence ofthis in - will share with all that "other inmur- aunanca;and Page Sof8 @28neThe Travelers Companies, Inc. CGD415O5O8(Rov10-ou} (2) The total of all deductible and self-insured amounts under that "other insurance". We will share the remaining |oaa, if any, with any "other insurance" that ia not described in this Excess Insur- ance provision, neupanceproviaion, o. Method Of Sharing If all of the "other insurance" penndo contribution byequal shares, wewill follow this method also, Under this approach each providerof insurance contributes equal amounts until ithas paid its applicable limit of insurance or none of the loss remains, which- ever comes first. hioh'avorcomasfiroi. If any of the "other insurance" does not permit contribution by equal sharea, we will contribute by limits. Under this method, the share ofeach provider ofinsurance is based on the ratio of its applicable limit of insur- ance nsupance to the tcko| applicable limits of insurance of all providers of insur- ance. nouponce. 2. The following definition isadded toSECTION "Other insurance": Means inauranma, or the funding of losses, that kaprovided by, through cvon behalf of: (1) Another insurance company; (J) Us or any of our affiliated insurance companies, except when the Non cumulation of Each Occurrence Limit section ofParagraph S.nfLIMITS (3F INSURANCE (Section 171) or the Non cumulation of Personal and Advertis- ing Injury limit mectinnaofParagraph 4. of Uh0|TS OF INSURANCE (Sec- tion 111) applies; (3) Any risk retention group; (4) Any self-insurance method or pro- gram, other than any funded by you and over which this Coverage Port applies; o, (5) Any similar risk transfer or risk man' agement method, COMMERCIAL GENERAL LIABILITY Insurance shown onthe Declarations of this Coverage Part, FL UNINTENTIONAL OMISSION 1. The following is added toParagraph 6.Rep- resentations of SECTION Il/ — COMMER- CIAL GENERAL LIABILITY CONDITIONS: The unintentional omission of, or uninten- tional error in, any information provided by you which wmrelied upon inissuing this policy shall not prejudice your rights under this in- surance, 2. This Provision R. does not affect our right to collect additional premium or to exercise our right of cancellation or nonrenewal in oucor- donoowithmpp|icab|ainsumnco|ewoornagu' S. WAIVER OFTRANSFER Qf RIGHTS OF BE- C0VERY AGAINST OTHERS TO UQ WHEN REQUIRED BY CONTRACT The following isadded toParagraph 8. Transfer ofRights of Recovery Against Others toUaof SECTION K/ — COMMERCIAL GENERAL L|- Neweive any rights of recovery we may have against any person or organization because of payments we make for "bodily injury", "property damage", "personal injury" nr"advertising injury" arising out of: 1. Pverniaao owned by you. temporarily occu- pied by you with permission of the owner. or leased orrented tuyou; Ongoing operations performed by you, or on your behalf, under ocontract oragreement with that person or organization; 3. "Your work", or 4. "Your products", We waive these rights only where you have agreed to do so as part ofe "written contract re- quiring insurance" entered into byyou bofore, and in effect when, the "bodily injury" or "property damage" occurs, or the "personal injury" offense nr"advertising injury" offense iacommitted. T. AMENDED BODILY INJURY DEFINITION The following replaces the definition of "bodily injury" in the DEFINITIONS Section: b' Dues not include umbrella insurance, or "Bodily injury" means bodily injury, mental en ' guish' mental injury, shock, fright, cUmnb'|dy` hu - excess |Daunonoe, that you bought spe- cifically to apply pe'uifiueUytVapp|y in axoano of the Limits of mi|imhon, a|okneaa or disease sustained by m per - CG D4 150508(Fm,.10-0e) @2uO8The Travelers Companies, Inc Page of COMMERCIAL GENERAL LIABILITY son, including death resulting from any of these at "Written contract requiring insurance" means that any time. part of any written contract or written agreement U. AMENDED INSURED CONTRACT DEFINITION under which you are required to include a person — RAILROAD EASEMENT or organization as an additional insured on this Coverage Part, provided that the "bodily injury" 1. Subparagraph c. of the definition of "insured and "property damage" occurs, and the "personal contract" in the DEFINITIONS Section is re- placed by the following: injury" is caused by an offense committed: c. Any easement or license agreement; a. After the signing and execution of the contract or agreement by you; 2. Subparagraph f.(1) of the definition of "in- b. While that part of the contract or agreement is sured contract" in the DEFINITIONS Section in effect: and is deleted. V. ADDITIONAL DEFINITION —WRITTEN CON - c. Before the end of the policy period. TRACT REQUIRING INSURANCE The following definition is added to the DEFINI- TIONS Section: Page 8 of 8 © 2008 The Travelers Companies, Inc. CG D4 15 05 08 (Rev. 10-08) COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY, 0 18 LV901 io INN kozla " " a .4. 1, W :1"&-' A This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART I. The following he added to SECTION H —VVHO IS ANYN8URBD: Any person ororganization that you agree ina lwntte0contract requiring insurance" boinclude on anadditional insured onthis Coverage Part, but: a. Only with respect to liability for "bodily injury", "property damage" or "personal injury"; and b. If, and only tothe extent that the injury or damage is caused by acts or oninmpnm of you oryour subcontractor in the performance of"your work" to which the "written contract requiring insurance" applies. The person or organization does not qualify an additional insured with respect tothe independent acts or omissions of such person or organization. The insurance provided toSuch additional insured islimited asfollows: c. In the event that the L(nn8u of Insurance of this Coverage Part shown in the Declarations exceed the limits of liability required by the "whtton contract requiring insurance". the in- surance provided to the additional insured shall belimited tnthe limits ofliability required bythat "written contract requiring iOeuranoo''. This endorsement shall not increase the limits of insurance described in Section U| — Limits Of Insurance. dL This insurance does not apply tothe render- ing of or failure to render any "professional aandoeo or construction management errors or omissions. e. This insurance does not apply to "bodily in' jury" or"property damage" caused by "your work" and included in the "products - completed operations hazard" unless the '\written contract requiring insurance" specifi- cally requires you to provide such coverage for that additional insured, and then the insur- ance provided to the additional insured up - plies only to such "bodily injury" or "property damage" that occurs before the end ofthe pe- riod of time for which the "written contract re- quiring insurance" requires you to provide such coverage orthe end o(the policy period, whichever isearlier. 2. The following is added to Paragraph 4.e. ofSEC- TION |V—COMMERCIAL GENERAL LIABILITY CONDITIONS: The insurance provided tuthe additional insured is oxoeea over any valid and collectible ~otherin- aunonce". whether primary, exceoo, contingent or on any other baaiu, that is available to the addi- tional insured for a loss we cover. However, if you ddi'Uona|inGUnBdfo[8|oaoweCnvor.MowoVe[.|fyou specifically agree inthe "written contract requiring insurance" that this insurance provided tnthe ad- ditional insured under this Coverage Port muat apply on a primary basis oro primary and non- contributory baais, this insurance is primary to "other insurance" available to the additional in- sured which covers that person urorganization aa a named insured for such |oae' and we will not share with that "other inaurance"But this insur- ance provided nyupanoeprovided to the additional insured still is ex- cess over any valid and collectible "other insur- ance", nsupance". whether primory, exceao, contingent or an any other basis, that is available to the additional insured when that person or organization is an additional insured under any "other innunance" 3. The following is added to SECTION |\/— COM- MERCIAL GENERAL LIABILITY CONDITIONS: Duties OfAmAdditional Insured Aa o condition of coverage provided to the addi- tional a The additional insured must give us written notice as soon as pxochoab|a of an "occur- rence" oucupnanne^ or an offense which may result in o o|eim. To the extent poesib|e, such notice should include: {GD41404 08 Q 2008The Travelers Companies, Inc. Page 1of2 COMMERCIAL GENERAL LIABILITY L How, when and where the 'occurrence" or offense took place; ii. The names and addresses of any injured persons and witnesses; and iii. The nature and location of any injury or damage arising out of the 'occurrence" or offense. b. If a claim is made or "suit" is brought against the additional insured, the additional insured must: L Immediately record the specifics of the claim or "suit" and the date received; and ii. Notify us as soon as practicable. The additional insured must see to it that we receive written notice of the claim or "suit" as soon as practicable. c. The additional insured must immediately send LIS copies of all legal papers received in con- nection with the claim or "suit", cooperate with us in the investigation or settlement of the claim or defense against the "suit", and oth- erwise comply with all policy conditions. d. The additional insured must tender the de- fense and indemnity of any claim or "suit" to any provider of other insurance which would cover the additional insured for a loss we cover. However, this condition does not affect whether this insurance provided to the addi- tional insured is primary to that other insur- ance available to the additional insured which covers that person or organization as a named insured. 4. The following is added to the DEFINITIONS Sec- tion: "Written contract requiring insurance" means that part of any written contract or agreement under which you are required to include a person or or- ganization as an additional insured on this Cover- age Part, provided that the "bodily injury" and "property damage" occurs and the "personal in- jury" is caused by an offense committed: a. After the signing and execution of the contract or agreement by you; b. While that part of the contract or agreement is in effect; and c. Before the end of the policy period. Page 2 of 2 02008 The Travelers Companies, Inc. CG D4 14 04 08 POLICY NUMBER: P-630-8014N34A-PHX-13 ISSUE DATE: 7/16/14 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED ENTITY - NOTICE OF CANCELLATIONMONRENEWAL PROVIDED BY US This endorsement modifies insurance provided under the following: ALL COVERAGE PARTS INCLUDED IN THIS POLICY SCHEDULE CANCELLATION: Number of Days Notice of Cancellation: 30 NONRENEWAL: PERSON OR ORGANIZATION: THE CITY OF MILTON GEORGIA ADDRESS: 13000 DEERFIELD PARKWAY SUITE 1076 MILTON, GEORGIA 30004 PROVISIONS: Number of Days Notice of Nonrenewal: A. If we cancel this policy for any statutorily permit- ted reason other than nonpayment of premium, and a number of days is shown for cancellation in the schedule above, we will mail notice of cancel- lation to the person or organization shown in the schedule above. We will mail such notice to the address shown in the schedule above at least the number of days shown for cancellation in the schedule above before the effective date of can- cellation. B. If we decide to not renew this policy for any statu- torily permitted reason, and a number of days is shown for nonrenewal in the schedule above, we Will mail notice of the nonrenewal to the person or organization shown in the schedule above. We will mail such notice to the address shown in the schedule above at least the number of days shown for nonrenewal in the schedule above be- fore the expiration date. IL T4 0012 09 0 2009 The Travelers Indemnity Company Page 1 of 1 POLICY NUMBER: P-810-8014N34A-PHX-13 ISSUE DATE: 7116114 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED ENTITY - NOTICE OF CANDELLATIONMONRENEWAL PROVIDED BY US This endorsement modifies insurance provided under the following: ALL COVERAGE PARTS INCLUDED IN THIS POLICY SCHEDULE CANCELLATION: Number of Days Notice of Cancellation: 30 NONRENEWAL: PERSON OR ORGANIZATION: THE CITY OF MILTOIN, GEORGIA ADDRESS: 13000 DEERFIELD PARKWAY SUITE 107G MILTON, GA 30004 PROVISIONS: Number of Days Notice of Nonrenewal: A. If we cancel this policy for any statutorily permit- ted reason other than nonpayment of premium, and a number of days is shown for cancellation in the schedule above, we will mail notice of cancel- lation to the person or organization shown in the schedule above. We will mail such notice to the address shown in the schedule above at least the number of days shown for cancellation in the schedule above before the effective date of can- cellation. B. If we decide to not renew this policy for any statu- torily permitted reason, and a number of days is shown for nonrenewal in the schedule above, we will mail notice of the nonrenewal to the person or organization shown in the schedule above. We will mail such notice to the address shown in the schedule above at least the number of days shown for nonrenewal in the schedule above be- fore the expiration date. L T4 GO 12 09 0 2009 The Travelers Indemnity Company Page 1 of 1 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 Moreland Altobelli Associates, Inc. on behalf of the City of Milton has registered with, is authorized to use and uses the federal work authorization program commonly known as E -Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91. Furthermore, the undersigned subcontractor will continue to use the federal work authorization program throughout the contract period, and the undersigned subcontractor will contract for the physical performance of services in satisfaction of such contract only with sub -subcontractors who present an affidavit to the subcontractor with the information required by O.C.G.A. § 13-10- 91(b). Additionally, the undersigned subcontractor will forward notice of the receipt of an affidavit from a sub -subcontractor to the contractor within five (5) business days of receipt. If the undersigned subcontractor receives notice that a sub -subcontractor has received an affidavit from any other contracted sub -subcontractor, the undersigned subcontractor must forward, within five (5) business days of receipt, a copy of the notice to the contractor. Subcontractor hereby attests that its federal work authorization user identification number and date of authorization are as follows: ';4K75 9 r-� eVerify Number %J04J()q Date of Authorization � C Name of Subcontractor Birmineham Road Bridge Desi Name of Project City of Milton Name of Public Employer I hereby declare under penalty of perjury that the foregoing is true and correct. 'N0rCX'o<'5 Executed on. j A k , 201+ in (city), C tate/ Signature of Authorized Officer or A ent k r I Sue eoohr'N' )Olent- Printed Name and Title of Autlorized Officer or " •' , Agent ��„E TAP- •,� SUBSCRIBED AND SWORN BEFORE ME ON THIS THE J� DAY OF 201. 3—Q- 'IMTARY PUBLIC [NOTARY SEAL] My Commission Expires: I& '< 0 1 � S ?N p`��Y,•y ' GIA • = GEOg' zo�5 �� G �•• 101 HOME OF'Tr�F i FS"f ,�UAi.ITY c:'>F DIFF IV t FU S !�' -NA I I -TO N11IN ESTABLISHED 2005 CITY COUNCIL AGENDA ITEM TO: City Council DATE: July 28, 2014 FROM: City Manager AGENDA ITEM: Approval of a Construction Services Agreement between the City of Milton and Layne Inliner, LLC for Cured -In -Place Pipe Lining: Nix Road and Glencreek Way. MEETING DATE: Monday, August 4, 2014 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: XAPPROVED (j NOTAPPROVED CITY ATTORNEY APPROVAL REQUIRED: � YES O NO CITY ATTORNEY REVIEW REQUIRED.- YES (j NO APPROVAL BY CITY ATTORNEY APPROVED O NOT APPROVED PLACED ON AGENDA FOR: I Q 604 14 REMARKS 44 ® ► You= PHONE: 678.242.25001 FAX: 678.242,2499 Gieen : a"'fw ; info@cityofmiltonga.us i www.cityofmiitonga.us ++ice Community ?rkEty;;GS 13000 Deerfield Parkway, Suite 107 I Milton GA 30004 To: Honorable Mayor and City Council Members From: Carter Lucas, PE-Public Works Director Date: Submitted on July 24, 2014 for the August 4, 2014 Regular Council Meeting Agenda Item: Approval of a Construction Services Agreement between the City of Milton and Layne Inliner, LLC for Cured-In-Place Pipe Lining: Nix Road and Glencreek Way. ____________________________________________________________________________ Department Recommendation: Approval. Executive Summary: The project is to perform construction services for Cured-In-Place Pipe Lining: Nix Road and Glencreek Way in the City of Milton. In total, there are five (5) – 60” diameter storm drain pipes that are structurally deficient and are in need of repair. Repair (cured-in-place pipe lining) will restore these conduits to their original structural and hydraulic capacity. This method of repair will eliminate the need to remove and replace the conduits, roadway fill and paved surfaces. Compared to other repair/replacement methods of construction, this method of repair will also minimize the time required for lane/road closure. In accordance with the city procurement procedures an Invitation to Bid was advertised for two weeks. There were three firms which submitted proper responses to the Invitation. The submittals were reviewed, evaluated and scored by Public Work staff. After consideration of firm qualifications and price, Layne Inliner, LLC was determined to be the firm with the lowest qualified bid. The bid price for performing the specified sc ope of services was $252,261.90. Staff is recommending approval of a Construction Services Agreement with Layne Inliner, LLC in the amount of $252,261.90. Page 2 of 2 Proposal Bid Evaluation Summary Firm Cost ($) Layne Inliner, LLC 252,261.90 IPR Southeast, LLC 415,250.00 AM-Liner East, Inc. 890,000.00 Funding and Fiscal Impact: Funding for this project is available in the Public Works Capital budget. Alternatives: None. Legal Review: Jarrard & Davis, LLP – Paul Higbee, 7/16/2014 Concurrent Review: Chris Lagerbloom – City Manager Attachment(s): Construction Services Agreement CONSTRUCTION SERVICES AGREEMENT FOR Cured -In -Place Pipe Lining: Nix Road and Glencreek Way This Agreement (the "Agreement") to provide Cured -In -Place Pipe Lining at Nix Road and Glencreek Way is made and entered into this _ day of , 2014, by and between the CITY OF MILTON, a municipal corporation of the State of Georgia, acting by and through its governing authority, the Milton City Council (hereinafter referred to as the "City"), Layne Inliner, LLC , a Georgia limited liability company with its principal place of business located at 2090 Tucker Industrial Road, Suite A-1, Tucker, Georgia 30084 (hereinafter referred to as the "Contractor"). WITNESSETH: WHEREAS, the City issued an Invitation to Bid for Cured -In -Place Pipe Lining: Nix Road and Glencreek Way WHEREAS, based upon Contractor's bid to complete cured -in-place pipe lining for 5 — 60 inch diameter pipes as required by the bid documents, the City has selected Contractor as the winning bidder, and WHEREAS, Contractor has agreed to perform such work as set forth in this Agreement, according to the terms and conditions provided in this Agreement; and WHEREAS, Contractor has familiarized itself with the nature and extent of the Contract Documents, the Project, and the Work, with all local conditions and federal, state and local laws, ordinances, rules and regulations in any manner that may affect cost, progress or performance of work, and Contractor is aware that he must be licensed to do business in the State of Georgia. NOW THEREFORE, the City and Contractor, in consideration of the mutual promises contained herein and other good and valuable consideration, the sufficiency of which is hereby acknowledged, agree as follows: Section 1 Contract Documents The following documents are incorporated herein by reference and constitute the Contract Documents: A. This Agreement (! , Pages); B. Invitation to Bid ITB (59 Pages), attached hereto as Exhibit "A"; C. Bid from Contractor dated June 24, 2014 (1 Pages), attached hereto as Exhibit «B". D. Performance and Other Bonds, attached hereto collectively as Exhibit "C"; E. Non -collusion Affidavit of Prime Proposer, attached hereto as Exhibit "D", F. Contractor Affidavit and Agreement, attached hereto as Exhibit "E"; G. Subcontractor Affidavit, attached hereto as Exhibit "F"; H. Plans and specifications, attached hereto collectively as Exhibit "G", 1. Final Affidavit, attached hereto as Exhibit "H", J. The following which may be delivered or issued after the Effective Date of the Agreement and are not attached hereto: All Written Amendments and other documents amending, modifying, or supplementing the Contract Documents if properly adopted in writing and executed by the Parties; and K. City of Milton Code of Ethics. In the event of any discrepancy among the Contract Documents, that provision that inures most to the benefit of the City, as determined by the City in its sole discretion, shall govern. Section 2 Proiect Description The scope of this project generally consists of the installation of Cured -In -Place Pipe Lining at 5 — 60 inch diameter pipes located on Nix Road and Glencreek Way in the City of Milton. The cured -in-place pipe lining process will eliminate the need to install new pipe systems and to re -construct new roadway fill and driving surfaces. Section 3 The Work The Work is specified and indicated in the Contract Documents (the "Work"). In the event of any discrepancy among the Contract Documents, the provision operating most to the benefit of the City, as determined by the City in its sole discretion, shall govern. The Work previously described includes all material, labor, insurance, tools, equipment, and any other miscellaneous items necessary to complete the Work as described. Contractor shall complete the Work in strict accordance with the Contract Documents. Section 4 Contract Time 2 This Contract shall take effect on . Contractor agrees to complete the Project within 75 calendar days from the date of Notice to Proceed. Every effort will be made by Contractor to shorten this period. Section 5 Contractor's Compensation; Time and Method of Payment A. The total amount paid under this Agreement shall not, in any case, exceed $252,261.90 except as outlined in Section 6 below. City agrees to pay the Contractor for the work upon certification by the City that the Work was actually performed and costs actually incurred in accordance with the Agreement. This amount shall include all use, lease, or other taxes, and all expenses for personnel and equipment (including fuel) that Contractor will incur to provide the Work. Unless otherwise agreed in writing signed by both Parties, the compensation payable by the City to Contractor is limited to the price amount set forth in the Proposal Submittal Form, and City will not pay any other sum attributable to taxes, costs or expenses that Contractor may incur in providing the Work. B. Compensation for Work performed shall be paid to the Contractor upon receipt and approval by the City of invoices setting forth in detail the Work performed. Invoices shall be submitted on a monthly basis, and such invoices shall reflect charges incurred versus charges budgeted. Each invoice shall be accompanied by an Interim Waiver and Release upon Payment (or a Waiver and Release upon Final Payment in the case of the invoice for final payment) procured by the Contractor from all subcontractors in accordance with O.C.G.A. § 44-14-366. C. As long as the gross value of the completed work is less than 50% of the total contract amount and/or when satisfactory progress has not been achieved by the Contractor during any period for which payment is to be made, the City may retain a percentage of said payment, not to exceed ten percent (10%) of the maximum Contract Price to ensure performance of the Agreement. Said cause and progress shall be determined by the City, in its sole discretion, based on its assessment of any past performance of the Contractor and likelihood that such performance will continue. Upon completion of all contract requirements, retained amounts shall be paid promptly less any offsets or deductions authorized hereunder or by law. D. Any material deviations in tests or inspections performed, times or locations required to complete such tests or inspections and like deviations from the Work described in this Agreement shall be clearly communicated to the City before charges are incurred and shall be handled through change orders or construction change directives as described in Section 6 below. All invoices should be submitted to Rick Pearce (Budget and Procurement Coordinator), for approval. The City shall pay the Contractor within thirty (30) days after approval of the invoice by the City. No payments will be made for unauthorized work. Payment will be sent to the designated address by U.S. Mail only; payment will not be hand -delivered. 3 E. The City may withhold payment or final payment for reasons including, but not limited to, the following: unsatisfactory job performance or progress, defective work, disputed work, failure to comply with material provisions of the Agreement, third party claims filed or reasonable evidence that a claim will be filed or other reasonable cause. Section 6 Work Changes A. The City reserves the right to order changes in the Work to be performed under this Agreement by altering, adding to, or deducting from the Work. All such changes shall be incorporated in written change orders executed by the Contractor and the City. Such change orders shall specify the changes ordered and any necessary adjustment of compensation and completion time. If the Parties cannot reach an agreement on the terms for performing the changed work within a reasonable time to avoid delay or other unfavorable impacts as determined by the City in its sole discretion, the City shall have the right to determine reasonable terms and the Contractor shall proceed with the changed work. B. Any work added to the scope of this Agreement by a change order shall be executed under all the applicable conditions of this Agreement. No claim for additional compensation or extension of time shall be recognized, unless contained in a written change order duly executed on behalf of the City and the Contractor. C. The City Manager has authority to execute without further action of the Milton City Council, any number of change orders so long as their total effect does not materially alter the terms of this Agreement or materially increase the total amount to be paid under this Agreement. Any such change orders materially altering the terms of this Agreement or increasing the total amount to be paid under this Agreement in excess of $50,000, must be approved by resolution of the Milton City Council. Section 7 Covenants of Contractor. A. Ethics Code Contractor agrees that it shall not engage in any activity or conduct that would be in violation of the City of Milton Code of Ethics. B. Time is of the Essence Contractor specifically acknowledges that TIME IS OF THE ESSENCE for completion of the Project. C. Expertise of Contractor 11 Contractor accepts the relationship of trust and confidence established between it and the City, recognizing that the City's intention and purpose in entering into this Agreement is to engage an entity with the requisite capacity, experience, and professional skill and judgment to provide the services in pursuit of the timely and competent completion of the Work undertaken by Contractor under this Agreement. D. Budgetary Limitations Contractor agrees and acknowledges that budgetary limitations are not a justification for breach of sound principals of Contractor's profession and industry. Contractor shall take no calculated risk in the performance of the Work. Specifically, Contractor agrees that, in the event it cannot perform the Work within the budgetary limitations established without disregarding sound principals of Contractor's profession and industry, Contractor will give written notice immediately to the City. E. City's Reliance on the Work The Contractor acknowledges and agrees that the City does not undertake to approve or pass upon matters of expertise of the Contractor and that; therefore, the City bears no responsibility for Contractor's services performed under this Agreement. The Contractor acknowledges and agrees that the acceptance of Work by the City is limited to the function of determining whether there has been compliance with what is required to be produced under this Agreement. The City will not, and need not, inquire into adequacy, fitness, suitability or correctness of Contractor's performance. Contractor further agrees that no approval of designs, plans, specifications, or work by any person, body or agency shall relieve Contractor of the responsibility for adequacy, fitness, suitability, and correctness of Contractor's professional and industry standards or for performing services under this Agreement in accordance with sound and accepted professional and industry principals. F. Contractor's Reliance of Submissions b the he City Contractor must have timely information and input from the City in order to perform the services required under this Agreement. Contractor is entitled to rely upon information provided by the City, but Contractor shall be required to provide immediate written notice to the City if Contractor knows or reasonably should know that any information provided by the City is erroneous, inconsistent, or otherwise problematic. G. Contractor's Representative sist'i e.® it shall be authorized to act on Contractor's behalf with respect to the Work as Contractor's designated representative. H. Assignment of Agreement The Contractor covenants and agrees not to assign or transfer any interest in, nor delegate any duties of this Agreement, without the prior express written consent of the City. I. Responsibility of Contractor and Indemnification of City The Contractor covenants and agrees to take and assume all responsibility for the services rendered in connection with this Agreement. The Contractor shall bear all losses and damages directly or indirectly resulting to it on account of the performance or character of the services rendered pursuant to this Agreement. Contractor shall defend, indemnify and hold harmless the City, its officers, boards, commissions, elected and appointed officials, employees and agents from and against any and all claims, suits, actions, liability, judgments, damages, losses, and expenses, including but not limited to, attorney's fees, which may be the result of willful, negligent or tortuous conduct arising out of the Work, performance of contracted services, or operations by the Contractor, any subcontractor, anyone directly or indirectly employed by the Contractor or subcontractor or anyone for whose acts the Contractor or subcontractor may be liable, regardless of whether or not the negligent act is caused in part by a party indemnified hereunder. Such obligation shall not be construed to negate, abridge, or otherwise reduce any other right or obligation of indemnity which would otherwise exist as to any party or person described in this provision. In any and all claims against the City or any of its agents or employees, by any employee of the Contractor, any subcontractor, anyone directly or indirectly employed by the Contractor or subcontractor or anyone for whose acts the Contractor or subcontractor may be liable, the indemnification obligation set forth in this provision shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the Contractor or any subcontractor under workers' or workmen's compensation acts, disability benefit acts or other employee benefit acts. This obligation to indemnify and defend the City, its members, officers, agents, employees and volunteers shall survive termination of this Agreement. Contractor shall not be required to indemnify the City or its officers, boards, commissions, elected or appointed officials, employees or agents against liability or claims for damages, losses, or expenses, 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. 6 Independent Contractor Contractor hereby covenants and declares that it is engaged in an independent business and agrees to perform the services as an independent contractor and not as the agent or employee of the City. The Contractor agrees to be solely responsible for its own matters relating to the time and place the services are performed; the instrumentalities, tools, supplies and/or materials necessary to complete the services; hiring of Contractors, agents or employees to complete the services; and the payment of employees, including compliance with Social Security, withholding and all other regulations governing such matters. The Contractor agrees to be solely responsible for its own acts and those of its subordinates, employees, and subcontractors during the life of this Agreement. Any provisions of this Agreement that may appear to give the City the right to direct Contractor as to the details of the services to be performed by Contractor or to exercise a measure of control over such services will be deemed to mean that Contractor shall follow the directions of the City with regard to the results of such services only. The Contractor shall obtain and maintain, at the Contractor's expense, all permits, licenses, or approvals that may be necessary for the performance of the services. The Contractor shall furnish copies of all such permits, licenses, or approvals to the City of Milton Representative within ten (10) days after issuance. Inasmuch as the City of Milton and the Contractor are contractors independent of one another neither has the authority to bind the other to any third person or otherwise to act in any way as the representative of the other, unless otherwise expressly agreed to in writing signed by both parties hereto. The Contractor agrees not to represent itself as the City's agent for any purpose to any party or to allow any employee of the Contractor to do so, unless specifically authorized, in advance and in writing, to do so, and then only for the limited purpose stated in such authorization. The Contractor shall assume full liability for any contracts or agreements the Contract enters into on behalf of the City of Milton without the express knowledge and prior written consent of the City. K. Insurance (1) Requirements: The Contractor shall have and maintain in full force and effect for the duration of this Agreement, insurance insuring against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Work by the Contractor, its agents, representatives, employees or subcontractors. All policies shall be subject to approval by the City Attorney to form and content. These requirements are subject to amendment or waiver if so approved in writing by the City Manager. 7 (2) Minimum Limits of Insurance: Contractor shall maintain limits no less than: (a) Comprehensive General Liability of $1,000,000 combined single limit per occurrence for bodily and personal injury, sickness, disease or death, injury to or destruction of property, including loss of use resulting there from. (b) Comprehensive Automobile Liability (owned, non -owned, hired) of $1,000,000 combined single limit per occurrence for bodily and personal injury, sickness, disease or death, injury to or destruction of property, including loss of use resulting there from. (c) Professional Liability of $1,000,000 limit for claims arising out of professional services caused by the Contractor's errors, omissions, or negligent acts. (d) Workers' Compensation limits as required by the State of Georgia and employers Liability limits of $1,000,000 per accident. (3) Deductibles and Self -Insured Retentions: Any deductibles or self-insured retentions must be declared to and approved by the City. (4) Other Insurance Provisions: The policy is to contain, or be endorsed to contain, the following provisions: (a) General Liability and Automobile Liability Coverage. (i) The City, its officials, employees, agents and volunteers are to be covered as insured as respects: liability arising out of activities performed by or on behalf of the Contractor; products and completed operations of the Contractor; premises owned, leased, or used by the Contractor; automobiles owned, leased, hired, or borrowed by the Contractor. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officials, employees, agents or volunteers. (ii) The Contractor's insurance coverage shall be primary noncontributing insurance as respects to any other insurance or self-insurance available to the City, its officials, employees, agents or volunteers. Any insurance or self-insurance maintained by the City, its officials, employees or volunteers shall be excess of the Contractor's insurance and shall not contribute with it. (iii) Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its officials, employees, agents or volunteers. (iv) Coverage shall state that the Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (v) Coverage shall be provided on a "pay on behalf' basis, with defense costs payable in addition to policy limits. There shall be no cross liability exclusion. (vi) The insurer agrees to waive all rights of subrogation against the City, its officials, employees, agents and volunteers for losses arising from work performed by the Contractor for the City. (vii) All endorsements to policies shall be executed by an authorized representative of the insurer. (b) Workers' Compensation Coverage: The insurer will agree to waive all rights of subrogation against the City, its officials, employees, agents and volunteers for losses arising from work performed by the Contractor for the City. (c) All Coverages: (i) Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled, reduced in coverage or in limits except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. (ii) Policies shall have concurrent starting and ending dates. (iii) Policies shall include an endorsement incorporating the Indemnification obligations assumed by the Contractor under the terms of this Agreement, including but not limited to Section 7(1) of this Agreement. (iv) Policies shall include an endorsement incorporating the Indemnification obligations assumed by the Contractor under the terms of this Agreement, including but not 9 limited to Section 7(I) of this Agreement. (5) Acceptability of Insurers: Insurance is to be placed with insurers with an A.M. Bests' rating of no less than A: VII. (6) Verification of Coverage: Contractor shall furnish the City with certificates of insurance and endorsements to the policies evidencing coverage required by this clause prior to the start of work. The certificates of insurance and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificate of insurance and endorsements shall be on a form utilized by Contractor's insurer in its normal course of business and shall be received and approved by the City prior to execution of this Agreement by the City. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. The Contractor shall provide proof that any expiring coverage has been renewed or replaced at least two (2) weeks prior to the expiration of the coverage. (7) Subcontractors: Contractor shall include all subcontractors as insured under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverage for subcontractors shall be subject to all of the requirements stated in this Agreement, including but not limited to naming the parties as additional insured. (8) Claims -Made Policies: Contractor shall extend any claims -made insurance policy for at least six (6) years after termination or final payment under the Agreement, whichever is later. (9) City as Additional Insured and Loss Payee: The City shall be named as an additional insured and loss payee on all policies required by this Agreement. L. Employment of Unauthorized Aliens Prohibited E -Verify Affidavits It is the policy of the City of Milton that unauthorized aliens shall not be employed to perform work on City contracts involving the physical performance of services. Therefore, the City shall not enter into a contract for the physical performance of services within the State of Georgia unless: (1) the Contractor shall provide evidence on City -provided forms, attached hereto as Exhibits "E" and "F" (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 10 subcontractors have conducted a verification, under the federal Employment Eligibility Verification ("EEV" or "E -Verify") program, of the social security numbers, or other identifying information now or hereafter accepted by the E -Verify program, of all employees who will perform work on the City contract to ensure that no unauthorized aliens will be employed, or (2) the Contractor provides evidence that it is not required to provide an affidavit because it is licensed pursuant to Title 26 or Title 43 or by the State Bar of Georgia and is in good standing as of the date when the contract for services is to be rendered. The Contractor hereby verifies that it has, prior to executing this Agreement, executed a notarized affidavit, the form of which is provided in Exhibit "E", and submitted such affidavit to City or provided the City with evidence that it is not required to provide such an affidavit because it is licensed and in good standing as noted in subsection (2) above. Further, Contractor hereby agrees to comply with the requirements of the federal Immigration Reform and Control Act of 1986 (IRCA), P.L. 99-603, O.C.G.A. § 13-10-91 and Rule 300-10-1-.02. In the event the Contractor employs or contracts with any subcontractor(s) in connection with the covered contract, the Contractor agrees to secure from such subcontractor(s) attestation of the subcontractor's compliance with O.C.G.A. § 13-10-91 and Rule 300-10-1-.02 by the subcontractor's execution of the subcontractor affidavit, the form of which is attached hereto as Exhibit "F", which subcontractor affidavit shall become part of the contractor/subcontractor agreement, or evidence that the subcontractor is not required to provide such an affidavit because it is licensed and in good standing as noted in subsection (2) above. If a subcontractor affidavit is obtained, Contractor agrees to provide a completed copy to the City within five (5) business days of receipt from any subcontractor. Where Contractor is required to provide an affidavit pursuant to O.C.G.A. § 13- 10-91, the City Manager or his/her designee shall be authorized to conduct an inspection of the Contractor's and Contractor's subcontractors' verification process at any time to determine that the verification was correct and complete. The Contractor and Contractor's subcontractors shall retain all documents and records of their respective verification process for a period of three (3) years following completion of the contract. Further, where Contractor is required to provide an affidavit pursuant to O.C.G.A. § 13-10-91, the City Manager or his/her designee shall further be authorized to conduct periodic inspections to ensure that no City Contractor or Contractor's subcontractors employ unauthorized aliens on City contracts. By entering into a contract with the City, the Contractor and Contractor's subcontractors agree to cooperate with any such investigation by making their records and personnel available upon reasonable notice for inspection and questioning. Where a Contractor or Contractor's subcontractors are found to have employed an unauthorized alien, the City Manager or his/her designee may report same to the Department of Homeland Security. The Contractor's failure to cooperate with the investigation may be sanctioned by termination of the contract, and the Contractor shall be liable for all damages and delays occasioned by the City thereby. Contractor agrees that the employee -number category designated below is applicable to the Contractor. [Information only required if a contractor affidavit is required pursuant to O.C.G.A. § 13-10-91.] 500 or more employees. 100 or more employees. Fewer than 100 employees. Contractor hereby agrees that, in the event Contractor employs or contracts with any subcontractor(s) in connection with this Agreement and where the subcontractor is required to provide an affidavit pursuant to O.C.G.A. § 13-10-91, the Contractor will secure from the subcontractor(s) such subcontractor(s') indication of the above employee -number category that is applicable to the subcontractor. The above requirements shall be in addition to the requirements of State and federal law, and shall be construed to be in conformity with those laws. M. Records, Reports and Audits (1) Records: (a) Records shall be established and maintained by the Contractor in accordance with requirements prescribed by the City with respect to all matters covered by this Agreement. Except as otherwise authorized, such records shall be maintained for a period of three years from the date that final payment is made under this Agreement. Furthermore, records that are the subject of audit findings shall be retained for three years or until such audit findings have been resolved, whichever is later. (b) All costs shall be supported by properly executed payrolls, time records, invoices, contracts, or vouchers, or other official documentation evidencing in proper detail the nature and propriety of the charges. All checks, payrolls, invoices, contracts, vouchers, orders or other accounting documents pertaining in whole or in part to this Agreement shall be clearly identified and readily accessible. 12 (2) Reports and Information: Upon request, the Contractor shall furnish to the City any and all statements, records, reports, data and information related to matters covered by this Agreement in the form requested by the City. (3) Audits and Inspections: At any time during normal business hours and as often as the City may deem necessary, there shall be made available to the City for examination all records with respect to all matters covered by this Agreement. The Contractor will permit the City to audit, examine, and make excerpts or transcripts from such records, and to audit all contracts, invoices, materials, payrolls, records of personnel, conditions of employment and or data relating to all matters covered by this Agreement. N. Conflicts of Interest Contractor agrees that it shall not engage in any activity or conduct that would result in a violation of the City of Milton Code of Ethics. O. Confidentiality Contractor acknowledges that it may receive confidential information of the City and that it will protect the confidentiality of any such confidential information and will require any of its subcontractors, consultants, and/or staff to likewise protect such confidential information. The Contractor agrees that confidential information it receives or such reports, information, opinions or conclusions that Contractor creates under this Agreement shall not be made available to, or discussed with, any individual or organization, including the news media, without prior written approval of the City. The Contractor shall exercise reasonable precautions to prevent the unauthorized disclosure and use of City information whether specifically deemed confidential or not. P. Licenses, Certifications and Permits The Contractor covenants and declares that it has obtained all diplomas, certificates, licenses, permits or the like required of the Contractor by any and all national, state, regional, county, local boards, agencies, commissions, committees or other regulatory bodies in order to perform the services contracted for under this Agreement. All work performed by Contractor under this Agreement shall be in accordance with applicable legal requirements and shall meet the standard of quality ordinarily expected of competent professionals. Q. Key Personnel All of the individuals identified in Fxhibit -J- [NFFD TO Ann IF USED] are necessary for the successful prosecution of the Work due to their unique expertise 13 and depth and breadth of experience. There shall be no change in Contractor's Project Manager or members of the project team, as listed in Exhibit "J", without written approval of the City. Contractor recognizes that the composition of this team was instrumental in the City's decision to award the Work to Contractor and that compelling reasons for substituting these individuals must be demonstrated for the City's consent to be granted. Any substitutes shall be persons of comparable or superior expertise and experience. Failure to comply with the provisions of this section shall constitute a material breach of Contractor's obligations under this Agreement and shall be grounds for termination. Contractor shall not subcontract with any third party for the performance of any portion of the Work without the prior written consent of the City. Contractor shall be solely responsible for any such subcontractors in terms of performance and compensation. R. Authority to Contract The Contractor covenants and declares that it has obtained all necessary approvals of its board of directors, stockholders, general partners, limited partners or similar authorities to simultaneously execute and bind Contractor to the terms of this Agreement, if applicable. S. Ownership of Work All reports, designs, drawings, plans, specifications, schedules, work product and other materials prepared or in the process of being prepared for the services to be performed by the Contractor ("materials") shall be the property of the City and the City shall be entitled to full access and copies of all such materials. Any such materials remaining in the hands of the Contractor or subcontractor upon completion or termination of the work shall be delivered immediately to the City. The Contractor assumes all risk of loss, damage or destruction of or to such materials. If any materials are lost, damaged or destroyed before final delivery to the City, the Contractor shall replace them at its own expense. Any and all copyrightable subject matter in all materials is hereby assigned to the City and the Contractor agrees to execute any additional documents that may be necessary to evidence such assignment. T. Meetinizs The Contractor is required to meet with the City's personnel, or designated representatives, to resolve technical or contractual problems that may occur during the term of the contract, at no additional cost to the City. Meetings will occur as problems arise and will be coordinated by the City. The Contractor will be given a minimum of three full working days notice of meeting date, time, and location. Face-to-face meetings are desired. However, at the Contractor's option and expense, a conference call meeting may be substituted. Consistent failure to participate in problem resolution meetings, two consecutive missed or 14 rescheduled meetings, or to make a good faith effort to resolve problems, may result in termination of the contract. Section 8 Covenants of the City A. Right of Entry The City shall provide for right of entry for Contractor and all necessary equipment along the Bethany Bend Road right-of-way, in order for Contractor to complete the Work. B. City's Representative Jim Seeba shall be authorized to act on the City's behalf with respect to the Work as the City's designated representative Section 9 Warranty Except as may be otherwise specified or agreed, the Contractor shall repair all defects in materials, equipment, or workmanship appearing within one year from the date of Final Completion of the Project at no additional cost to the City. An inspection shall be conducted by the City or its representative(s) near the completion of the one-year general warranty period to identify any issues that must be resolved by the Contractor. Section 10 Termination A. The City may terminate this Agreement for convenience at any time upon written notice to Contractor. In the event of a termination for convenience, Contractor shall take immediate steps to terminate work as quickly and effectively as possible and shall terminate all commitments to third -parties unless otherwise instructed by the City. Provided that no damages are due to the City for Contractor's failure to perform in accordance with this Agreement, the City shall pay Contractor for work performed to date in accordance with Section 5 herein. The City shall have no further liability to Contractor for such termination. B. The City may terminate this Agreement for cause if Contractor breaches any material provision of this Agreement. The City shall give Contractor seven (7) days written notice of its intent to terminate the Agreement and the reasons therefore, and, if Contractor, or its Surety, fails to cure the default within that period, the termination shall take place without further notice. The City shall then make alternative arrangements for completion of the Project and deduct the cost of completion from the unpaid Contract Price. The City will make no payment to the Contractor or its Surety until all costs of completing the Project are paid. If the unpaid balance of the amount due the Contractor, according to this agreement, exceeds the cost of finishing the Project, the Contractor or its Surety will receive 15 the applicable funds due. If the costs of completing the Project exceed the unpaid balance, the Contractor or its Surety will pay the difference to the City. C. If the City terminates this Agreement for cause, and it is later determined that the City did not have grounds to do so, the termination will be treated as a termination for convenience under the terms of this Section (A) above. D. Upon termination, the Contractor shall: (1) promptly discontinue all services affected, unless the notice directs otherwise; and (2) promptly deliver to the City all data, drawings, reports, summaries, and such other information and materials as may have been generated or used by the Contractor in performing this Agreement, whether completed or in process, in the form specified by the City. E. The rights and remedies of the City and the Contractor provided in this Section are in addition to any other rights and remedies provided under this Agreement or at law or in equity. Section 11 Miscellaneous A. Complete Agreement. This Agreement contains all of the understandings and agreements of whatsoever kind and nature existing between the parties hereto with respect to the subject matter contained herein. B. Governing Law. This Agreement shall be governed by and construed under the laws of the State of Georgia. C. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original, but all of which together shall constitute one and the same instrument. D. Invalidity of Provisions. Should any part of this Agreement for any reason be declared by any court of competent jurisdiction to be invalid, such decision shall not affect the validity of any remaining portion, which remaining portion shall continue in full force and effect as if this Agreement had been executed with the invalid portion hereof eliminated, it being the intention of the parties that they would have executed the remaining portion of this Agreement without including any such part, parts or portions which may for any reason be hereafter declared invalid. E. Notice. All notices requests, demands and other communications hereunder shall be in writing and shall be deemed received, and shall be effective when personally delivered or on the third day after the postmark date when mailed by certified mail, postage prepaid, return receipt requested or upon actual delivery when sent via national overnight commercial carrier to the parties at the addresses given below, unless a substitute address shall first be furnished to the other parties by written notice in accordance herewith: 16 NOTICE TO CITY shall be sent to: City of Milton Attn: City Manager 13000 Deerfield Parkway, Suite 107F Milton, Georgia 30004 NOTICE TO CONTRACTOR shall be sent to: Mr. James Layne Inliner, LLC, Layne Inliner, LLC, 2090 Tucker Industrial Road, Suite A-1, Tucker, GA 30084 F. Sovereign Immunity. Nothing contained in this Agreement shall be construed to be a waiver of the City's sovereign immunity or any individual's qualified good faith or official immunities. G. Force Maieure. Neither the City nor Contractor shall be liable for their respective non -negligent or non -willful failure to perform or shall be deemed in default with respect to the failure to perform (or cure a failure to perform) any of their respective duties or obligations under this Agreement or for any delay in such performance due to: (i) any cause beyond their respective reasonable control; (ii) any act of God; (iii) any change in applicable governmental rules or regulations rendering the performance of any portion of this Agreement legally impossible; (iv) earthquake, fire, explosion or flood; (v) strike or labor dispute, excluding strikes or labor disputes by employees and/or agents of Contractor; (vi) delay or failure to act by any governmental or military authority; or (vii) any war, hostility, embargo, sabotage, civil disturbance, riot, insurrection or invasion. In such event, the time for performance shall be extended by an amount of time equal to the period of delay caused by such acts and all other obligations shall remain intact. H. Headings. All headings herein are inserted only for convenience and ease of reference and are not to be considered in the construction or interpretation of any provision of this Agreement. 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 17 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 I in every subcontract for services contemplated under this Agreement. During the performance of this Agreement, the Consultant, for itself, its assignees, and successors in interest also agrees as follows: 1. Compliance with Regulations The Consultant shall comply with the Regulations relative to nondiscrimination in federally -assisted programs of the Department of Transportation (hereinafter referred to as DOT), Title 49, Code of Federal Regulations, part 21, as they may be amended from time to time, (hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this contract. 2. Nondiscrimination The Consultant, with regard to the work performed by it during the contract, shall not discriminate on the grounds of race, color, sex, or national origin in the selection and retention of subcontractors, including procurement of materials and leases of equipment. The Consultant shall not participate either directly or indirectly in discrimination prohibited by Section 21.5 of the Regulations, including employment practices when the contract covers a program set forth in Appendix B of the Regulations. 3. Solicitations for Subcontracts, Including Procurement of Materials and Equipment In all solicitations either by competitive bidding or negotiations made by the Consultant for work to be performed under a subcontract, including procurement of materials or leases of equipment, each potential subcontractor or supplier shall be notified by the Consultant of the Consultant's obligations under this contract and the Regulations relative to nondiscrimination on the ground of race, color, sex, or national origin. 4. Information and Reports The Consultant shall provide all information and reports required by the Regulations or directives issued pursuant thereto, and shall pen -nit access to its books, records, accounts, other sources of information and its facilities as may be determined by the (Recipient) or the Federal Highway Administration to be pertinent to ascertain compliance with such Regulations, orders, and instructions. Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish this information, the Consultant shall so certify to the (Recipient), or the Federal Highway Administration as appropriate, and shall set forth what efforts it has made to obtain the information. 5. Sanctions for Noncompliance In the event of the Consultant's noncompliance with the nondiscrimination provisions of this contract, the (Recipient) shall impose such contract sanctions as it or the Federal Highway Administration may determine to be appropriate, including, but not limited to: a. Withholding of payments to the Consultant under the contract until the Consultant complies; and/or b. Cancellation, termination, or suspension of the contract, in whole or in part. 6. Incorporation of Provisions The Consultant shall include the provisions of paragraphs (1) through (6) in every subcontract, including procurement of materials and leases of equipment, unless exempt by the Regulations, or directives issued pursuant thereto. The Consultant shall take such action with respect to any subcontractor or procurement as the (Recipient) or the Federal Highway Administration may direct as a means of enforcing such provisions including sanctions for noncompliance: Provided, however, that in the event a Consultant becomes involved in, or is threatened with, litigation with a subcontractor or supplier as a result of such direction, the Consultant may request the (Recipient) enter into such litigation to protect the interests of the state and, in addition, the Consultant may request the United States to enter into such litigation to protect the interests of the United States. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed under seal as of the date first above written. [SIGNATURES ON FOLLOWING PAGE] 19 Layne Inliner, LL j"'.e Signat Print Na e k� e,! Title SIGNED, SEALED, AND DELIVERED In the presence of: Witness (Cot rate Secretary should attest) AGt:9 Gt Print Name Notary Public [NOTARY SEAL] Mv Commission Expires: 5 -I�-'-acl�; SIGNED, SEALED, AND DELIVERED In the presence of: Witness Notary Public [NOTARY SEAL] My Commission Expires: [AFFIX CORPORATE SEAL] MILTON CITY COUNCIL: Joe Lockwood, Mayor 20 [CITY SEAL] EXHIBIT "A" REQUEST FOR BID a 211Payge 14 -Ptd' CITY OF MILTON INVITATION TO BID (THIS IS NOT AN ORDER) Bid Number: Project Name: 14-PW8 Cured -In -Place Pipe Lining: Nix Road and Glencreek Way Due Date and Time: City of Milton June 24, 2014 Local Time: 2:00pm Number of Pages: 62 ISSUING DEPARTMENT INFORMATION Issue Date: June 2, 2014 City of Milton Public Works Department Phone: 678-242-2500 13000 Deerfield Pkwy, Suite 107G Fax: 678-242-2499 Milton, Ga. 30004 Website: www.cityofmiltonga.us INSTRUCTIONS TO BIDDERS Return Submittal to: Mark Face of Envelope/Package: Bidder Phone Number: Bid Number: 14-PW8 City of Milton Name of Company or Firm Attn: Rick Pearce, Purchasing Office 13000 Deerfield Pkwy Special Instructions: Suite 107G Deadline for Written Questions Milton, Ga. 30004 June 13, 2014, 5 pm Email questions to Rick Pearce at rick.pearce(kcityofnd1tonga.us BIDDERS MUST COMPLETE THE FOLLOWING Bidder Name/Address: Authorized Bidder Signatory: (Please print name and sign in ink) Bidder Phone Number: Bidder FAX Number: Bidder Federal I.D. Number: Bidder E-mail Address: BIDDERS MUST RETURN THIS COVER SHEET WITH BID RESPONSE 221I'aye 14-P\A'8 Table of Contents Topic Pate Invitation to Bid 3 Bidding Instructions (What must be submitted) 4 Insurance/Bond Requirements 5 Bid Form and Addenda Acknowledgement 9 Bid Bond 11 Qualifications Signature and Certification 14 Corporate Certificate 14 List of Subcontractors 15 Contractor Affidavit and Agreement (eVerify) 16 Bid Submittal Form 17 Disclosure Form 18 General Conditions 19 EPD Air Quality Rules 24 Project Specifications 25 Schedule of Events 33 Sample Contract Agreement 34 23111agc 14-P\V8 �,,.,. CITY OF MILTON Invitation to Bid 14-PW8 The City of Milton is accepting sealed bids from qualified firms for the Cured -In -Place Pipe Lining: Nix Road and Glencreek Way for the Public Works Department in conformance with Title 32, Chapter 4, Article 4, Part 2 of the Official Code of Georgia Annotated. All work will be done in accordance with Georgia Department of Transportation's (GDOT) Standard Drawings, Standard Specifications, and Pay Items Index as standards and specifications for the construction and completion of the work required. All bidders must comply with all general and special requirements of the bid information and instructions enclosed herein. Sealed bids will be received no later than 2:00 PM Local Time on June 24, 2014. Sealed bids shall be submitted to: City of Milton Attn: Rick Pearce, Purchasing Office 13000 Deerfield Pkwy Suite 107G Milton, Ga. 30004. At approximately 2:10 PM Local Time on the day bids are received the bids will be publicly opened and the bidder's name and total bid amount will be read aloud at: City of Milton Courthouse 13000 Deerfield Parkway, Suite 107E, Milton, GA 30004. Bids received after the above time or in any other location other than the Purchasing Office will not be accepted. Bids shall be presented in a sealed envelope with the bid number (14-PW8) and the name of the company or firm submitting clearly marked on the outside of the envelope. ONE (1) ORIGINAL (PAPER) AND TWO (2) COPIES (PAPER) AND A PDF COPY OF THE BID ON CD MUST BE SUBMITTED. Bids will not be accepted verbally, by fax, or email. Questions must be in writing. For questions, please email Rick Pearce at rick.pearce@cityofmiltonga.us. Deadline for questions is June 13, 2013 at 5:00pm. Official answers to questions and potential changes to the ITB (Addendums) will be posted at the same web locations as the ITB on or about June 16, 2013. Any other form of interpretation, correction, or change to this ITB will not be binding upon the City. It is the bidder's responsibility to check the websites for potential updates. Please refer to Bid (14-PW8) and bid name Cured -In -Place Pipe Lining: Nix Road and Glencreek Way when requesting information. The City of Milton reserves the right to reject any or all bids and to waive technicalities and informalities, and to make award in the best interest of the City of Milton. The selected contractor must be able to start work within ten (10) calendar days after the "Notice to Proceed" is issued. The time of completion for the project is sixty (60) calendar days from the date of the "Notice to Proceed." If weather affects the required completion schedule, The City and selected contractor will negotiate a new completion date. Section 108.08 of the State of Georgia Department of Transportation Standard Specifications Construction of Transportation Systems (current edition) shall be applied. 241P14-P\V8 BIDDING INSTRUCTIONS FAILURE TO RETURN THE FOLLOWING BID DOCUMENTS COULD RESULT IN THE BID BEING DEEMED NON-RESPONSIVE AND BEING REJECTED: Item Description Page(s) 1 Filled out and Signed Invitation to Bid Cover Sheet 1 2 Bid Form and Addenda Acknowledgement (2 pages) 9-10 3 Bid Bond (3 pages) 11-12-13 4 Qualification Signature and Certification 14 5 List of Subcontractors 15 6 Contractor Affidavit and Agreement (eVerify) 16 7 Bid Submittal Form (3 pages) 17 8 Disclosure Form 18 9 Qualification sheet listing projects and references as stipulated in this document. i Use your own form INFORMATION AND INSTRUCTIONS The purpose of this solicitation is to enter into a lump sum "purchasing contract" with one firm to be the primary supplier of the Cured -In -Place Pipe Lining: Nix Road and Glencreek Way, 14- PW8. No specification expressed or implied shall be construed as any type of restrictive specification that would limit competition. The City reserves the right to cancel the contract at any time with 30 days written notice. Title to any supplies, materials, equipment or other personal property shall remain the Contractors' until fully paid for by the City. All items to be bid FOB, Milton, Georgia. No sales taxes are to be charged. Any damage to any building or traffic control device, or equipment incurred during the course of work shall be repaired at the contractor's expense to the complete satisfaction of the City of Milton with no additional expense to the City. EVALUATION The City intends to evaluate the ITB on the lowest, best, responsible, and responsive vendor. 251Page 14-P\V8 INSURANCE REQUIREMENTS Within 10 days of Notice of Award, and at all times that this Contract is in force, the Contractor shall obtain, maintain and furnish the City Certificates of Insurance from licensed doing business in the State of Georgia with an A.M. Best Rating A-6 or higher and acceptable to the City. Insurance requirements are provided below and included in the CONTRACT AGREEMENT (section K). (1) Requirements: The Contractor shall have and maintain in full force and effect for the duration of this Agreement, insurance insuring against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Work by the Contractor, its agents, representatives, employees or subcontractors. All policies shall be subject to approval by the City Attorney as to form and content. These requirements are subject to amendment or waiver if so approved in writing by the City. (2) Minimum Limits of Insurance: Contractor shall maintain the following insurance policies with limits no less than: (a) Comprehensive General Liability of $1,000,000 (one million dollars) limit per single occurrence, $2,000,000 (two million dollars) umbrella, including coverage for bodily and personal injury, sickness, disease or death, injury to or destruction of property, including loss of use resulting therefrom, vandalism, property loss and theft. (b) Comprehensive Automobile Liability (owned, non -owned, hired) of $1,000,000 (one million dollars) combined single limit per occurrence for bodily and personal injury, sickness, disease or death, injury to or destruction of property, including loss of use resulting therefrom. (c) Workers' Compensation limits as required by the State of Georgia and Employers Liability limits of $1,000,000 (one million dollars) per accident. (3) Deductibles and Self -Insured Retentions: Any deductibles or self-insured retentions must be declared to and approved by the City in writing. (4) Other Insurance Provisions: The policy is to contain, or be endorsed to contain, the following provisions: (a) General Liability and Automobile Liability Coverage. (i) The City and City Parties are to be covered as insureds. The coverage shall contain no special limitations on the scope of protection afforded to the City or City Parties. (ii) The Contractor's insurance coverage shall be primary noncontributing insurance as respects to any other insurance or self-insurance available to 2611'as,e 14-P�\'8 the City or City Parties. Any insurance or self-insurance maintained by the City or City Parties shall be in excess of the Contractor's insurance and shall not contribute with it. (iii) Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City or City Parties. (iv) Coverage shall state that the Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (v) Coverage shall be provided on a "pay on behalf' basis, with defense costs payable in addition to policy limits. There shall be no cross liability exclusion. (vi) The insurer agrees to waive all rights of subrogation against the City and City Parties for losses arising from Work performed by the Contractor for the City for General Liability coverage only. (b) Workers' Compensation Coverage: The insurer providing Workers' Compensation Coverage will agree to waive all rights of subrogation against the City and City Parties for losses arising from Work performed by the Contractor for the City. (c) All Coverages: (i) Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled, reduced in coverage or in limits except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. (ii) Policies shall have concurrent starting and ending dates. (5) Acceptability of Insurers: Insurance is to be placed with insurers authorized to do business in the State of Georgia and with an A.M. Bests' rating of no less than A: Vl. (6) Verification of Coverage: Contractor shall furnish the City with certificates of insurance and endorsements to the policies evidencing coverage required by this clause prior to the start of Work. The certificate of insurance and endorsements shall be on a form utilized by Contractor's insurer in its normal course of business and shall be received and approved by the City within ten (10) days of the Notice of Award. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. The Contractor shall provide proof that any expiring coverage has been renewed or replaced at least two (2) weeks prior to the expiration of the coverage. (7) Subcontractors: Contractor shall include all subcontractors as insureds under its policies 2711'age 14 -PW or shall furnish separate certificates and endorsements for each subcontractor. All coverage for subcontractors shall be subject to all of the requirements stated in this Agreement, including but not limited to naming the Parties as additional insureds. (8) Claims -Made Policies: Contractor shall extend any claims -made insurance policy for at least six (6) years after termination or final payment under the Agreement, whichever is later. (9) City as Additional Insured and Loss Payee: The City shall be named as an additional insured and loss payee on all policies required by this Agreement, except the City need not be named as an additional insured and loss payee on any Workers' Compensation policy. BONDING REQUIREMENTS Each bid must be accompanied with a BID BOND (bond only: certified checks or other forms are not acceptable) in an amount equal to five percent (5%) of the base bid, payable to the City of Milton. Said bid bond guarantees the bidder will enter into a contract to construct the project strictly within the terms and conditions stated in this bid and in the bidding and contract documents, should the construction contract be awarded. The Successful Bidder shall be required to furnish PAYMENT AND PERFORMANCE BONDS for the faithful performance on the contract and a bond to secure payment of all claims for materials furnished and/or labor performed in performance of the project, both in amounts equal to one hundred percent (100%) of the contract price. Bonds shall be issued by a corporate surety appearing on the Treasury Department's most current list (Circular 570 as amended) and be authorized to do business in the State of Georgia. Bonds shall be on the forms provided by the City and subject to the review and approval of the City Attorney. Date of Bond must not be prior to date of Contract. If Contractor is a Partnership, all partners shall execute Bond. OATH Prior to commencing the Work, the successful bidder shall execute a written oath as required by O.C.G.A. §§ 32-4-122 and 36-91-21(e). COST OF PREPARING A BID The costs for developing and delivering responses to this ITB and any subsequent presentations 28111a,e 14-P'"rN of the proposal as requested by the City are entirely the responsibility of the bidder. The City is not liable for any expense incurred by the bidder in the preparation and presentation of their proposal. All materials submitted in response to this ITB become the property of the City of Milton. 291Pa-,e 14 -Ptd,` [BIDDERS MUST RETURN THESE SHEETS WITH BID RESPONSE] (2 PAGES) BID FORM and ADDENDA ACKNOWLEDGEMENT TO: PURCHASING OFFICE CITY OF MILTON MILTON, GEORGIA 30004 Ladies and Gentlemen: In compliance with your Invitation To Bid, the undersigned, hereinafter termed the Bidder, proposes to enter into a Contract with the City of Milton, Georgia, to provide the necessary machinery, tools, apparatus, other means of construction, and all materials and labor specified in the Contract Documents or as necessary to complete the Work in the manner therein specified within the time specified, as therein set forth, for: Bid Number 14-PW8 Cured -In -Place Pipe Lining: Nix Road and Glencreek Way The Bidder has carefully examined and fully understands the Contract, Specifications, and other documents hereto attached, has made a personal examination of the Site of the proposed Work, has satisfied himself as to the actual conditions and requirements of the Work, and hereby proposes and agrees that if his bid is accepted, he will contract with the City of Milton in full conformance with the Contract Documents. Unless otherwise directed, all work performed shall be in accordance with the Georgia Department of Transportation Standard Specifications, Construction of Transportation Systems (current edition). All materials used in the process of completion of the work included in the Contract will be furnished from Georgia Department of Transportation certified suppliers only. It is the intent of this Bid to include all items of construction and all Work called for in the Specifications, or otherwise a part of the Contract Documents. In accordance with the foregoing, the undersigned proposes to furnish and construct the items listed in the attached plans for the lump sum price stated. The Bidder agrees that the cost of any work performed, materials furnished, services provided or expenses incurred, which are not specifically delineated in the Contract Documents but which are incidental to the scope, intent, and completion of the Contract, shall be deemed to have been included in the prices bid for the various items scheduled. The Bidder further proposes and agrees hereby to promptly commence the Work with adequate forces and equipment within ten (10) calendar days from receipt of Notice to Proceed and to 3011'a -e 14-11\V8 Al complete all Work within sixty (60) calendar days from the Notice to Proceed. If weather affects the required completion schedule, The City and selected Bidder will negotiate a new completion date. Attached hereto is an executed Bid Bond in the amount of Dollars ($ (Five Percent of Amount Bid). If this bid shall be accepted by the City of Milton and the undersigned shall fail to execute a satisfactory contract in the form of said proposed Contract, and give satisfactory Performance and Payment Bonds, or furnish satisfactory proof of carriage of the insurance required within ten days from the date of Notice of Award of the Contract, then the City of Milton may, at its option, determine that the undersigned abandoned the Contract and there upon this bid shall be null and void, and the sum stipulated in the attached Bid Bond shall be forfeited to the City of Milton as liquidated damages. Bidder acknowledges receipt of the following addenda: Addendum No. Date viewed Bidder further declares that the full name and resident address of Bidder's Principal is as follows: Signed, sealed, and dated this day of 120 Bidder (Seal) Company Name Bidder Mailing Address: Signature: Print Name: Title: 311Page l i -11\V8 '4� [BIDDERS MUST RETURN THESE SHEETS WITH BID RESPONSE] (3 PAGES) BID BOND CITY OF MILTON, GEORGIA BIDDER (Name and Address): SURETY (Name and Address of Principal Place of Business): OWNER (hereinafter referred to as the "City'' (Name and Address): City of Milton, Georgia ATTN: Purchasing Office 13000 Deerfield Parkway, Suite 107G Milton, Georgia 30004 BID BID DUE DATE: PROJECT (Brief Description Including Location): BOND BOND NUMBER: DATE (Not later that Bid due date): PENAL SUM: (Words) (Figures) IN WITNESS WHEREOF, Surety and Bidder, intending to be legally bound hereby to the City, subject to the terms printed below or on the reverse side hereof, do each cause this Bid Bond to be duly executed on its behalf by its authorized officer, agent or representative. BIDDER Bidder's Name and Corporate Seal By: Signature and Title: Attest: Signature and Title: Note: (1) (2) Seal) SURETY Surety's Name and Corporate Seal By: Signature and Title: (Attach Power of Attorney) Attest: Signature and Title: Seal) Above addresses are to be used for giving any notice required by the terms of this Bid Bond. Any singular reference to Bidder, Surety, the City or any other party shall be 321Pa—e 14 -PWS considered plural where applicable. 1. Bidder and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to pay to the City upon Default of Bidder the penal sum set forth on the face of this Bond. 2. Default of Bidder shall occur upon the failure of Bidder to deliver within the time required by the Bidding Documents (or any extension of that time agreed to in writing by the City) the executed Agreement required by the Bidding Documents and any performance and payment Bonds required by the Bidding Documents. This obligation shall be null and void if: 3.1 The City accepts Bidder's Bid and Bidder delivers within the time required by the Bidding Documents (or any extension of that time agreed to in writing by the City) the executed Agreement required by the Bidding Documents and any performance and payment Bonds required by the Bidding Documents; or 3.2 All Bids are rejected by the City; or 3.3 The City fails to issue a Notice of Award to Bidder within the time specified in the Bidding Documents (or any extension of that time agreed to in writing by Bidder and, if applicable, consented to by Surety when required by paragraph 5 hereof). 4. Payment under this Bond will be due and payable upon Default by Bidder within 30 calendar days after receipt by Bidder and Surety of a written Notice of Default from the City, which Notice will be given with reasonable promptness and will identify this Bond and the Project and include a statement of the amount due. 5. Surety waives notice of, as well as any and all defenses based on or arising out of, any time extension to issue a Notice of Award agreed to in writing by the City and Bidder, provided that the total time, including extensions, for issuing a Notice of Award shall not in the aggregate exceed 120 days from Bid due date without Surety's written consent. 6. No suit or action shall be commenced under this Bond either prior to 30 calendar days after the Notice of Default required in paragraph 4 above is received by Bidder and Surety or later than one year after Bid due date. 7. Any suit or action under this Bond shall be commenced only in a court of competent jurisdiction located in the State of Georgia. 8. Notices required hereunder shall be in writing and sent to Bidder and Surety at their respective addresses shown on the face of this Bond. Such notices may be sent by personal delivery, commercial courier or by United States Registered or Certified Mail, return receipt requested, postage pre -paid, and shall be deemed to be effective upon receipt by the party concerned. 9. Surety shall cause to be attached to this Bond a current and effective Power of Attorney evidencing the authority of the officer, agent or representative who executed this Bond on behalf of Surety to execute, seal and deliver such Bond and bind the Surety thereby. 10. This Bond is intended to conform to all applicable statutory requirements. Any applicable requirement of any applicable statute that has been omitted from this Bond shall be deemed to be included herein as if set forth at length. If any provision of this Bond conflicts with any applicable statute, then the provision of said statute shall govern and the remainder of this Bond that is not in conflict therewith shall continue in full force and effect. 11. The term "Bid" as used herein includes a Bid, offer or proposal, as applicable under the particular circumstances. 12. The terms of this Bid Bond shall be governed by the laws of the State of Georgia. i 341Page [BIDDERS MUST RETURN THIS SHEET WITH BID RESPONSE] QUALIFICATIONS SIGNATURE AND CERTIFICATION I certify that this offer is made without prior understanding, agreement, or connection with any corporation, firm, or person submitting a proposal for the same materials, supplies, equipment, or services and is in all respects fair and without collusion or fraud. I understand collusive bidding is a violation of State and Federal Law and can result in fines, prison sentences, and civil damage awards. I agree to abide by all conditions of the proposal and certify that I am authorized to sign this proposal for the proposer. I further certify that the provisions of the Official Code of Georgia Annotated, including but not limited to Title 32, Chapter 4, Article 4, Part 2 and Sections 45-10-20 et seq. have not been violated and will not be violated in any respect. Authorized Signature Print/Type Name Print/Type Company Name Here Date CORPORATE CERTIFICATE I, , certify that I am the Secretary of the Corporation named as Contractor in the foregoing bid; that who signed said bid in behalf of the Contractor, was then (title) of said Corporation; that said bid was duly signed for and in behalf of said Corporation by authority of its Board of Directors, and is within the scope of its corporate powers; that said Corporation is organized under the laws of the State of This (Signature) day of , 20 �� ��,351Page [BIDDERS MUST RETURN THIS SHEET WITH BID RESPONSE] LIST OF SUBCONTRACTORS I do , do not , propose to subcontract some of the work on this project. I propose to Subcontract work to the following subcontractors: Company Name: 361Pa�� [BIDDERS MUST RETURN THIS SHEET WITH BID RESPONSE] EXHIBIT 'IF" STATE OF GEORGIA CITY OF MILTON CONTRACTOR AFFIDAVIT AND AGREEMENT By executing this affidavit, the undersigned contractor verifies its compliance with O.C.G.A. § 13-10-91, stating affirmatively that the individual, firm, or corporation which is contracting with the City of Milton has registered with and is participating in a federal work authorization program, in accordance with the applicability provisions and deadlines established in O.C.G.A. § 13-10-91. The undersigned further agrees that, should it employ or contract with any subcontractor(s) in connection with the physical performance of services pursuant to this contract with the City of Milton, contractor will secure from such subcontractor(s) similar verification of compliance with O.C.G.A. § 13-10-91 on the Subcontractor Affidavit provided in Rule 300-10-01-.08 in the form attached hereto as Exhibit "G." Contractor further agrees to maintain records of such compliance and provide a copy of each such verification to the City of Milton at the time the subcontractor(s) is retained to perform such service. EEV / Basic Pilot Program User Identification Number BY: Authorized Officer or Agent Date Print Contractor Name Title of Authorized Officer or Agent of Contractor Printed Name of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE DAY OF , 201 Notary Public My Commission Expires: 37(Pag [BIDDERS MUST RETURN THESE SHEETS WITH BID RESPONSE] Bid Submittal Form Cured -In -Place Pipe Lining Nix Road and Glencreek Way The undersigned, as bidder, declares and represents that it has examined the site of the work and informed himself/herself fully in regard to all conditions pertaining to the place where the work is to be performed, including those conditions affecting the cost of the work and the delivery, handling and storage of materials and equipment. The bidder has examined and read the Bidding Document and has satisfied himself/herself that the Bidding Document is an adequate and acceptable reflection of the work which is required to be performed and that the bidder is willing and able to perform all of the work necessary. The bidder further certifies that no additional information is required to complete the work encompassed by this bid within the cost and schedule established and agreed upon within this bidding document. Hereby proposes and agrees, if this bid for the above named project is accepted to enter into a contract to perform all work necessary to the successful completion of the contract; and to supply all required submittals as indicated or specified in the ITB and the bid documents to be performed or furnished by bidder for the for the total contract price of: Total Base Bid Price (Lump Sum) $ Print Dollar Amount COMPANY ADDRESS AUTHORIZED SIGNATURE PRINT / TYPE NAME TITLE i;. r 381Pa-ge [BIDDERS MUST RETURN THIS SHEET WITH BID RESPONSE] DISCLOSURE FORM This form is for disclosure of campaign contributions and family member relations with City of Milton officials/employees. Please complete this form and return as part of your bid package when it is submitted. Name of Bidder Name and the official position of the Milton Official to whom the campaign contribution was made (Please use a separate form for each official to whom a contribution has been made in the past two (2) years.) List the dollar amount/value and description of each campaign contribution made over the past two (2) years by the Applicant/Opponent to the named Milton Official. Amount/Value Description Please list any family member that is currently (or has been employed within the last 9 months) by the City of Milton and your relation: 391Pa Je GENERAL CONDITIONS Unless otherwise directed, all work performed under this contract shall be in accordance with the Georgia Department of Transportation Standard Specifications, Construction of Transportation Systems (current edition), and Special Provisions modifying them, except as noted below. SECTION 101 DEFINITION AND TERMS Section 10 1. 14 Delete as written and substitute the COMMISSIONER following: DIRECTOR OF PUBLIC WORKS, CITY OF MILTON Section 101.22 Delete as written and substitute the DEPARTMENT following: PUBLIC WORKS DEPARTMENT CITY OF MILTON Section 101.24 Delete as written and substitute the ENGINEER following: DIRECTOR OF PUBLIC WORKS, CITY OF MILTON, ACTING DIRECTLY OR THROUGH A DULY AUTHORIZED REPRESENTATIVE OF THE DIRECTOR Section 101.84 Add: DIRECTOR OF PUBLIC WORKS CITY OF MILTON SECTION 102 BIDDING REQUIREMENTS AND CONDITIONS Section 102.05 EXAMINATION OF PLANS, Add the following paragraph: SPECIFICATIONS, SPECIAL PROVISIONS, AND SITE OF THE WORK "The City will not be responsible for Bidders' errors or misjudgment, nor for any information on local conditions or general laws and regulations." Section 102.07 REJECTION OF PROPOSALS Add the following subparagraphs "I. The City reserves the right to reject any and all bids, to waive technicalities, and to make an award as deemed in its best interest. It is understood that all bids are made subject to this Agreement, that the City reserves the right to award the bid to 401P<i4� Section 102.08 PROPOSAL GUARANTY Add Section 102.15 ADDENDA AND INTERPRETATION Section 102.09 DELIVERY OF PROPOSALS: the lowest, responsible Bidder, and in arriving at this decision, full consideration will be given to the reputation of the Bidder, his financial responsibility, and work of this type successfully completed. "J. The City also reserves the right to reject any and all bids from any person, firm, or corporation who is in arrears in any debt or obligation to The City of Milton, Georgia." Substitute the following for the first sentence "No bid will be considered unless it is accompanied by an acceptable bid bond an amount not less than five percent (5%) of the amount bid and made payable to City of Milton, Georgia, Such Bid Bond shall be on the forms provided by the City." Delete in its entirety and substitute the following: Bids shall be submitted on the Bid Form provided by the City. The bid package as described in Notice to Contractors, Page 1 must be submitted with the bid. Failure to do so could result in the omission of pertinent documents and the rejection of the apparent low bid." Add the following as 102.15: "No interpretation of the meaning of the Contract Documents will be made orally to any Bidder. Any request for such interpretation should be in writing addressed to the Purchasing Department, The City of Milton 13000 Deerfield Pkwy., Suite 107G Milton, Ga. 30004. TEL. 678/242-2500, FAX 678/242-2499.Each such interpretation shall be given in writing, separately numbered and dated, and furnished to each interested Bidder. Any request not received 41 (Pae. SECTION 103 Section 103.02 AWARD OF CONTRACT Section 103.05 REQUIREMENTS OF CONTRACT BONDS Section 103.07 FAILURE TO EXECUTE CONTRACT in time to accomplish such interpretation and distribution will not be accepted. AWARD OF AWARD AND EXECUTION OF CONTRACT Delete in its entirety and substitute the following: "The contract, if awarded, shall be awarded to the lowest responsible bidder. The City of Milton reserves the right to exercise exclusive discretion as to the responsibility of any bidder. The contract shall be executed on the forms attached, will be subject to all requirements of the Contract Document, and shall form a binding Contract between the contracting parties." Delete in its entirety and substitute the following: "At the time of the execution of the contract, and as a part thereof, the successful bidder shall furnish Contract Bond Below: Performance Bond in the full amount of the contract. Payment Bond in the full amount of the contract. Maintenance bond in the amount of one-third (1/3) of the contract. Delete in its entirety and substitute the following: "Failure to execute the Contract Performance, Payment or Maintenance Bonds, or furnish satisfactory proof of carriage of the insurance required within ten days after the date of Notice of Award of the Contract, may be just cause for the annulment of the award and for the forfeiture of the proposal guaranty to the City of Milton, not as a penalty, but as liquidation of damages sustained. At the discretion of the City, the award may then be made to the next lowest bidder, may be ,''!� 42 1 P a c re -advertised, or may be constructed by City forces. The Contract and Contract bonds shall be executed in quadruplicate." SECTION 107 LEGAL REGULATIONS AND RESPONSIBILITY TO THE PUBLIC Section 107.18 ACQUISITION OF RIGHT OF WAY Section 107.21 CONTRACTORS RESPONSIBILITY FOR UTILITY PROPERTY AND SERVICE SECTION 109 Section 109.07 PARTIAL PAYMENTS Section 109.08 FINAL PAYMENT Add the following paragraph: "The Contractor shall inspect all easements and rights-of-way to ensure that the City has obtained all land and rights-of-way necessary for completion of the Work to be performed pursuant to the Contract Documents. The Contractor shall comply with all stipulations contained in easements acquired by the Department." Add the following sentence to Paragraph A: "The Contractor is responsible for the location of above and below ground Utilities and structures which may be affected by the Work." MEASUREMENT AND PAYMENT Delete the first sentence of the Second Paragraph under `A. General" As long as the gross value of completed work is less than 50% of the total Contract amount, or if the Contractor is not maintaining his construction schedule to the satisfaction of the Engineer, the Department shall retain 10% of the gross value of the work that has been completed as indicated by the current estimate certified by the Engineer for payment. Delete in its entirety and substitute the following. "Final Payment: Upon completion by the Contractor of the work, including the receipt �� 431Parc of any final written submission of the Contractor and the approval thereof by the Department, the CITY will pay the Contractor a sum equal to 100 percent (100%) of the compensation set forth herein, less the total of all previous partial payments, paid or in the process of payment. The Contractor agrees that acceptance of this final payment shall be in full and final settlement of all claims arising against the CITY for work done, materials furnished, costs incurred, or otherwise arising out of this Agreement and shall release the CITY from any and all further claims of whatever nature, whether known or unknown for and on account of said Agreement, and for any and all work done, and labor and materials furnished, in connection with same." .' kr 44 1 P a ***NOTICE TO CONTRACTORS*** EPD AIR QUALITY RULES ON OPEN BURNING REFER TO CHAPTER 391-3-1-02-05 For additional/information, please contact: Georgia Department of Natural Resources Environmental Protection Division Air Protection Branch 4244 International Parkway, Suite 120 Atlanta, GA 30354 404/363-7000; 404/362-2534 — FAX 451Pa c Project Specifications 1.0 General Conditions a) General Description of Project Scope: Contractor to bid on the following scope (See also Location Map and Detailed Scope of Work). Contractor required to visit the sites prior to submitting bid to confirm scope. The general scope of work will consist of Cured -In -Place Pipe lining on 4 pipes at two locations in the City of Milton; 1) Nix Road (approximately 30-35 if of 60 in diameter pipe), 2) Glencreek Way; 4 — 60"diameter pipes approximately 95 if in length, each). Note: The sizes, lengths, and conditions of these pipes must be verified by the contractor by way of field inspection prior to submittal of bids. The contractor will be required to perform any necessary remedial measures prior to proper application of the CIPP lining. b) One lane of traffic shall be open at all times. Lane closures shall be restricted to the hours of 9 am to 4 pm. c) Construction activity within 1000 feet on an occupied residence will be allowed Mon. -Fri. between the hours of 7:30 AM and 7:30 PM and Sat. between 8:30 AM and 5:00 PM. Construction activity more than 1000 feet from an occupied residence will be allowed Mon.- Fri. between the hours of 7:00 AM and 10:00 PM and Sat. between the hours of 8:30 AM and 6:00 PM. d) Contractor must notify the City of Milton (678) 242-2500, twenty-four (24) hours prior to beginning construction. e) Burial of construction materials is not permitted within the City of Milton. All construction materials and debris within the work area shall be properly disposed of by the contractor. f) The contractor is responsible for any damaged property which occurs as a result of this project. The contractor shall replace any damaged property at his own expense. g) Unless otherwise stated, the City shall provide all necessary permits and easements associated with this project prior to issuance of the Notice to Proceed. h) There shall be no changes made to the Scope of Work without prior approval from the City PWD, 2.0 Materials, Equipment and Employees a) The contractor shall, unless otherwise specified, supply and pay for all labor, transportation, materials, tools, apparatus, lights, power, fuel, sanitary facilities and incidentals necessary for the completion of his work, and shall install, maintain and remove all equipment of the construction, other utensils or things, and be responsible for the safe, proper and lawful construction, maintenance and use of same, and shall construct in the best and most workmanlike manner, a complete job and everything incidental thereto, as shown on the plans, stated in the specifications, or reasonably implied there from, all in accordance with the contract documents. '�4* 46 I I' , = e b) All materials shall be new and of quality specified, except where reclaimed material is authorized herein and approved for use. Workmanship shall at all times be of a grade accepted as the best practice of the particular trade involved, and as stipulated in written standards of recognized organizations or institutes of the respective trades except as exceeded or qualified by the specifications. c) No changes shall be made in the Work except upon written approval and change order of the city. d) Products are generally specified by ASTM or other reference standard and/or by manufacturer's name and model number or trade name. When specified only by reference standard, the Contractor may select any product meeting this standard, by any manufacturer. When several products or manufacturers are specified as being equally acceptable, the Contractor has the option of using any product and manufacturer combination listed. However, the contractor shall be aware that the cited examples are used only to denote the quality standard of product desired and that they do not restrict bidders to a specific brand, make, manufacturer or specific name; that they are used only to set forth and convey to bidders the general style, type, character and quality of product desired; and that equivalent products will be acceptable. Substitution of materials, items or equipment of equal or equivalent design shall be submitted to the architect or engineer for approval or disapproval; such approval or disapproval shall be made by the architect or engineer prior to the opening of bids. e) If at any time during the construction and completion of the work covered by these contract documents, the conduct of any workman of the various crafts be adjudged a nuisance to the Owner or if any workman be considered detrimental to the work, the Contractor shall order such parties removed immediately from the site. f) The contractor shall designate a foreman/superintendent who shall direct the work. 3.0 Erosion and Sediment Control a) The contractor will provide suitable erosion and sediment control measures so as to prevent sediment from leaving the site. Maintenance of erosion and sediment control measures is required at all times. The contractor shall have certified erosion and sediment control personnel on site at all times. All NPDES, GSWCC and City of Milton guidelines should be followed. b) All erosion and sediment control work shall be performed in accordance with the standards provided in the Georgia Manual for Erosion and Sediment Control in Georgia, latest edition. c) Provide double row of Type C silt fence along the down slope side of all disturbed areas. All barriers shall be in place prior to any land disturbing activities. 471I'a`Te d) Silt fences and hay bale barriers shall be cleaned or replaced and maintained in functional condition until permanent erosion control measures are established. All silt fences and other temporary measures will be removed by the contractor/developer when the site is stable. e) Silt fence fabric shall be comprised of Ga. Department of Transportation qualified products Section 171, type "C", for silt fence fabric. Type "A" silt fence fabric and construction may be allowed with prior written approval from the land development inspector. f) Temporary vegetation and/or heavy mulch will be used to stabilize areas. In no case shall a site be left bare for more than fourteen (14) days. g) No clearing beyond the limits of disturbance shown on the approved plans shall be allowed without approval. h) Provide matting, temporary and permanent seeding of all slope faces. i) Provide a minimum of 1/z inch of mulching, temporary and permanent seeding of all other disturbed areas. 4.0 Earthwork a) The area within the typical grading section shall be cleared of all trees, brush, stumps, logs, grass roots, vegetable matter, poles, stubs, rubbish, refuse dumps, sawdust piles, and all other matter resting on or protruding through the original ground surface or appearing or being placed on the area within the typical grading section before final acceptance of work. b) All depressions below the ground surface containing water shall be drained, unsuitable material removed and filled with suitable material and compacted to the ground surface before the embankment proper is begun. Any area deemed jurisdictional under federal, state or local regulations shall obtain required approvals or permits prior to any land disturbing activities in those areas. c) Sub -grade preparation shall be in accordance with GDOT specifications and these regulations. d) If any sections of the sub -grade are composed of topsoil, organic, or other unsuitable or unstable material, such material shall be removed and replaced with suitable material and then thoroughly compacted as specified for fill or stabilized with stone or a geo-textile or geo-grid. e) Fill shall be placed in uniform, horizontal layers not more than 8" thick (loose 4811'a,.' measurement). Moisture content shall be adjusted as necessary to compact material to 95% maximum laboratory dry density as determined by AASHTO method T-99. f) After the earthwork has been completed, all storm drainage, water, and sanitary sewer utilities have been installed within the right-of-way as appropriate, and the backfill in all such ditches thoroughly compacted, the sub -grade shall be brought to the lines, grades, and typical roadway section shown on the plans. g) Provisions shall be made by the contractor to ensure adequate drainage and prevent possible damage to the work area. 5.0 Utilities a) The contractor shall be required to coordinate and manage any and all utility locates and/or relocations within the scope of this project. 6.0 Performance a) All work performed shall be in accordance City of Milton Construction Standards. The contractor will adhere to all current State and Federal construction safety regulations, including OSHA regulations. The Contractor will conform to MUTCD and the State of Georgia Department of Transportation standards for traffic control. The Contractor must maintain a safe work zone for their employees, pedestrians, and vehicular transportation. All work shall be inspected and approved by the City of Milton Department of Public Works (MDPW). 7.0 Safety Requirements a) The Contractor shall be responsible for the entire site and the construction of the same and provide all the necessary protections as required by laws or ordinances governing such conditions and as required by the Owner or Designer. He shall be responsible for any damage to the Owner's property or that of others on the job, by himself, his personnel or his subcontractors, and shall make good such damages. He shall be responsible for and pay for any claims against the Owner arising from such damages. b) The Contractor shall provide all necessary safety measures for the protection of all persons on the work. Contractor shall clearly mark or post signs warning of hazards existing, and shall barricade excavations and similar hazards. He shall protect against damage or injury resulting from falling materials and he shall maintain all protective devices and signs throughout the progress of the work. 8.0 Wetlands and Stream Buffers a) No work shall be permitted within any designated wetland or stream buffer area without prior approval of the City of Milton. Wetland areas and Stream buffers shall be designated by the City of Milton prior to the issuance of a notice to Proceed. 9.0 Codes, Permits, and Inspections a) The Contractor shall obtain the required permits, if required, give all notices, and comply with all laws, ordinances, codes, rules and regulations bearing on the conduct of the work under this contract. If the Contractor observes that the drawings and specifications are at �'' 49 1 P a :- variance therewith, he shall promptly notify the Designer in writing. If the Contractor performs any work knowing it to be contrary to such laws, ordinances, codes, rules and regulations, and without such notice to the Owner, he shall bear all cost arising there from. 10.0 Clean up a) The Contractor shall keep the sites and surrounding area reasonably free from rubbish at all times and shall remove debris from the site from time to time or when directed to do so by the Owner. Before final inspection and acceptance of the project, the Contractor shall thoroughly clean the sites, and completely prepare the project and site for use by the Owner. 11.0 Schedule a) Project shall start within 2 weeks of Notice to Proceed and shall be completed in satisfactory manner, as deemed by MDPW, within 4 weeks from the Notice to Proceed. 12.0 Scope of Work (Additional Details): Nix Road: This is an existing 60 inch diameter CMP. The estimated length is 30 to 35 feet. The lower portion of the pipe has corroded and there are some voids below the pipe. The scope of work includes any necessary repairs to accommodate the CIPP lining process. Glencreek Way: This is an existing 4 -barrel, 60 inch CMP system. The lower portions of the pipes have, or are beginning to, corrode. Each pipe has an estimated length of 95 If. The scope of work includes any necessary repairs to accommodate the CIDP lining process. 12.0 Detail/Drawings (See Attached) 50 1 P -i c 5 11 P a e Nn krr 'y N EIX RD. D Milton N 1 rznc R N. GLENCREEK WAY ON 4!L, It f{eId F?, 4rY m*- ;kO IV 10 Alpharetta 1 kni LOCATION MAP z 536 L ... it.4�:1-84G27119-5m3i 5 11 P a e Photographs L i i Glencreek Way — Downstream Face i 6 Glencreek Way — Upstream Face -- - --lPl 52111agye ,V�l T �.�. ...r. r- ;6 Nix Road — Upstream Face -- —�, 531Pa-'.e SCHEDULE OF EVENTS FOR REFERENCE ONLY - DO NOT SUBMIT WITH BID RESPONSE Event: Release of ITB Deadline for Written Questions Date: 6/2/2014 6/13/2013 @ 5:00 PM *Submit via E -Mail to Rick Pearce of Purchasing Office City of Milton Addendum (on or about) 6/16/2013 (Official answers to questions and potential changes to ITB. Addendum will be posted at the same web locations as the ITB) Bids due 6/24/2014 @ 2:OOPM Bids are due to: City of Milton Attn: Rick Pearce, Purchasing Office 13000 Deerfield Pkwy Suite -107G Milton, Ga. 30004 Tentative Contract Award (On/about) Notice to Proceed Issued (On/about) 7/23/2014 7/24/2014 �, 541Page Reference Only Subject to change SAMPLE CONSTRUCTIONAGREEMENT This Construction Agreement (the "Agreement ") is made and entered into this day of ,20 , by and between the City of Milton, a political subdivision of the State of Georgia, acting by and through its governing authority, the Citv of Milton Mayor and Council (hereinafter referred to as the 'City'), and AXLUU, a with its principal place of business located at YVVV-V-VX (hereinafter referred to as the "Contractor) (collectively referred to herein as the "Parties'). WITNESSETH: WHEREAS, the Citv issued a Invitation to Bid, dated , for services generally described as XY—KV ,,• and WHEREAS, the City f nds that specialized knowledge, skills, and training are necessary to perforin the Work contemplated under this Agreement; and WHEREAS, Contractor has represented that it is qualified by training and experience to perform the Work-,- and ork;and 617HERL4S, based upon Contractor's bid in response to the Invitation to Bid for , the Citv has selected Contractor as the successful proposer; and WHEREAS, Contractor has agreed to perform such Work as set forth in this Agreement, according to the terms and conditions provided in this Agreement; and WHEREAS, Contractor has familiarized itself with the nature and extent of the Contract Documents, the Project, and the Work, with all local conditions and federal, state and local laws, ordinances, rules and regulations in anv manner that may affect cost, progress orperformance of the Work, and Contractor is aware that it must be licensed to do business in the State of Georgia. NOW THEREFORE, the City and Contractor, in consideration of the mutual promises, public purposes, and the acknowledgements and agreements contained herein and other good and valuable consideration, the sufficiency of which is hereby acknowledged, agree as follows: Section 1. Contract Documents The following documents, attached hereto (except as expressly noted otherwise below) are incorporated herein by reference and constitute the Contract Documents: L. This Agreement; M. Invitation to Bid (and other bid related documents) attached hereto as Exhibit "A " (including the Project Specifications); N. Bid Documents f rom Contractor dated attached hereto as Exhibit 'B "I - 0. ; O. Performance Bond, Payment Bond and Maintenance Bond, attached hereto collectively as Exhibit "C" P. Non -collusion Affidavit of Prime Proposer, attached hereto as Exhibit "D "; 551Paf�e Q. Final Affidavit, attached hereto as Exhibit "E "; R. Alien Employment affidavits attached hereto as Exhibits "F" and "G K SA PE affidavit attached hereto as Exhibit `H"; J. Key Personnel, attached hereto as Exhibit "J"; K The following which may be delivered or issued after the Effective Date of the Agreement and are not attached hereto: All Written Amendments and other documents amending, modifying, or supplementing the Contract Documents if properly adopted in writing and executed by the Parties. Section Z. Proiect Description The Project is defined generally as follows:. Section 3. The Work The Work is specified and indicated in the Contract Documents (the "Work'). The TPork previously described includes all material, labor, insurance, tools, equipment, and any other miscellaneous items necessary to complete the Work as described. Contractor shall complete the Work in strict accordance with the Contract Documents (including, but not limited to, the Project Specifications attached hereto and incorporated herein by reference). In the event of arty discrepancy among the terms of the various Contract Documents, the provision most beneficial to the City, as determined by the City in its sole discretion, shall govern. The City will issue a Notice to Proceed, which Notice to Proceed shall state the dates for beginning Work and for achieving Final Completion of Work. Work shall commence within ten (10) days of the City's issuance of the Notice to Proceed. Section 4. Contract Time Contractor warrants and represents that it will perform the Work in a prompt and timely manner, which shall not impose delays on the progress of the Work. Contractor agrees to complete the Project within XXXX days fi•om the date of the City's issuance of a written Notice To Proceed Section 5. Contractor's Compensation; Time and Method of Payment The total amount paid under this Agreement shall not, in arty case, exceed , except as outlined in Section 6 below. The compensation for Work performed shall be based upon the amount of debris removed pursuant to the Bid Submittal Form, attached hereto as part of Exhibit B and incorporated herein by reference. This amount shall include all use, lease, or other taxes, and all expenses for personnel and equipment (including fitel) that Contractor will incur to provide the Work. Unless otherwise agreed in writing signed by both Parties, the compensation payable by the City to Contractor is limited to the unit price amount set forth in the Bid Submittal Form, and City will not pay any other sum attributable to taxes, costs or expenses that Contractor may incur in providing the Work. City agrees to pay the Contractor for the debris removed upon certification by the City that the Work was actually performed and costs actually incurred in accordance with the Agreement. Compensation for Workperformed shall be paid to the Contractor upon receipt and approval by the City of invoices setting forth in detail the Work performed. Invoices shall be submitted on a monthly basis, and such invoices shall reflect charges incurred versus charges budgeted. Each invoice shall be accompanied by an Interim Waiver and Release upon Payment (or a Waiver and Release upon Final Payment in the case of the invoice for final payment) procured by the Contractor from all subcontractors in accordance with 0. C. G.A. § 44-14-366. For reasonable cause and/or when satisfactory progress has not been achieved by the Contractor during any period for which payment is to be made, the City may retain a percentage of said payment, not to exceed ten :''!� 56 111 a g percent (10%) of the maximum Contract Price to ensure performance of the Agreement. Said cause and progress shall be determined by the City, in its sole discretion, based on its assessment of anv past performance of the Contractor and likelihood that such performance will continue. Upon completion of all contract requirements, retained amounts shall be paid promptly less any offsets or deductions authorized hereunder- or by law. Any material deviations in tests or inspections performed, times or locations required to complete such tests or inspections and like deviations from the Work described in this Agreement shall be clearly communicated to the City before charges are incurred and shall be handled through change orders or construction change directives as described in Section 6 below. The City shall pay the Contractor within thirty (30) days after approval of the invoice by the Citv. No payments will be made for unauthorized work. Payment will be sent to the designated address by U.S. Mail only; payment will not be hand -delivered, though the Contractor may arrange to pick up payments directly from the City or may make written requests for the City to deliver payments to the Contractor by Federal Express delivery at the Contractor's expense. The City may withhold payment or final payment for reasons including, but not limited to, the following: unsatisfactory job performance or progress, defective work, disputed work, failure to comply with material provisions of the Agreement, third party claims filed or reasonable evidence that a claim will be filed or other reasonable cause. Section 6. Work Changes A. "Change order " means a written modification of the Contract Documents, signed by the City, and the Contractor. B. the City reserves the right to order changes in the Work to be performed under this Agreement by altering, adding to, or deducting from the Work. All such changes shall be incorporated in written change orders and executed by the Contractor and City. Such change orders or construction change directives shall specify the changes ordered and any necessary adjustment of compensation and completion time. If the Parties cannot reach an agreement on the terms for performing the changed Work within a reasonable time to avoid delay or other unfavorable impacts as determined by the City in its sole discretion, the City shall have the right to determine reasonable terms, and the Contractor shall proceed with the changed Work. C. Anv Work added to the scope of this Agreement by a change order- or construction change directive shall be executed under all the applicable conditions of this Agreement. No claim for additional compensation or extension of time shall be recognized, unless contained in a written change order or construction change directive duly executed on behalf of the City and the Contractor. D. The City Manager has authority without further action of the Mayor or Council to execute any number of change orders or construction change directives 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 or construction change directives materially altering the terms of this Agreement or increasing the total amount to be paid under this Agreement in excess of ,$10,000.00, must be approved by the City ofMilton Mayor and Council. Section 7. Covenants of Contractor. C. Ethics Code Contractor agrees that it shall not engage in any activity or conduct that would be in violation of the Citv of Milton Code of Ethics or any other similar law or regulation. D. Time is of the Essence Contractor specifically acknowledges that TIME IS OF THE ESSENCE for completion of the Project. 571Pae C. Expertise of Contractor Contractor accepts the relationship of trust and confidence established between it and the City, recognizing that the City's intention and purpose in entering into this Agreement is to engage an entity with the requisite capacity, experience, and professional skill and judgment to provide the services in pursuit of the timely and competent completion of the Work undertaken by Contractor under this Agreement. The Contractor agrees to use its best efforts, skill, judgment, and abilities to perform its obligations and to fitrther the interests of the City and the Project in accordance with the City's requirements and procedures. Contractor represents that it has familiarized itself with the nature and extent of the Contract Documents, the Work, work site(s), locality, and all local conditions, laws and regulations that in any manner may affect cost, progress, performance, or fitrnishing of the Work. Contractor further represents and agrees that it has correlated the results of such observations, examinations, investigations, explorations, tests, reports, and studies with the terms and conditions of the Contract Documents. Contractor represents that it has given the Citv written notice of all conflicts, errors, or discrepancies that the Contractor has discovered in the Contract Documents, and the written resolution thereof by the City is acceptable to the Contractor. Contractor agrees that it will perform its services in accordance with the usual and customary standards of the Contractor's profession or business and in compliance with all applicable federal, state, and local laws, regulations, codes, ordinances, or orders applicable to the Project. Further, the Contractor agrees to beat- the fill cost of correcting the Contractor's negligent or improper Work, the negligent or improper work of its contractors and subcontractors, and any harm caused by such negligent Work. The Contractor's ditties shall not be diminished by any approval by the City of Work completed or produced; nor shall the Contractor be released from any liability by any approval by the City of Work completed or produced, it being understood that the City is ultimately relving upon the Contractor's skill and knowledge in performing the Work required under the Contract Documents. In the event that during the course of performing the Work, the Contractor discovers or reasonably should discover that there exists in any of the Contract Documents that is, in the Contractor's opinion, unsuitable, improper, or inaccurate for the putpose for which the document or data is furnished, Contractor shall promptly inform the City of such inaccuracies, improprieiy, issues or concerns. D. Budgetag Limitations Contractor agrees and acknowledges that budgetary limitations are not a justification for breach of sound principals of Contractor's profession and industry. Contractor shall take no calculated risk in the performance of the Work Specifically, Contractor agrees that, in the event it cannot perform the Work within the budgetary limitations established without disregarding sound principals of Contractor's profession and industry, Contractor will give written notice immediately to the City. E. City's Reliance on the Work The Contractor acknowledges and agrees that the City does not undertake to approve or pass upon matters of expertise of the Contractor and that therefore, the City bears no responsibilityfor Contractor's services performed under this Agreement. The Contractor acknowledges and agrees that the acceptance of Work by the City is limited to the fimction of determining whether there has been compliance with what is required to be produced under this Agreement. The City will not, and need not, inquire into adequacy, fitness, suitability or correctness of Contractor's performance. Contractor further agrees that no approval of designs, plans, specifications, or Work by any person, body or agency shall relieve Contractor of the responsibility for adequacy, ���� 581Pac fitness, suitability, and correctness of Contractor's Work under professional and industry standards or for performing services under this Agreement in accordance with sound and accepted professional and industry principals. F. Contractor's Reliance on Submissions by the City Contractor must have timely information and input from the City in order to perform the Work required under this Agreement. Contractor is entitled to rely upon information provided by the City, but Contractor shall be required to provide immediate written notice to the City if Contractor knows or reasonably should know that any information provided by the City is erroneous, inconsistent, or otherwise problematic. G. Contractor's Representative shall be authorized to act on Contractor's behalf with respect to the Work as Contractor's designated representative. K Assignment ofAgreement The Contractor covenants and agrees not to assign or transfer any interest in, nor delegate anv duties of this Agreement, without the prior express written consent of the City. As to any approved subcontractors, the Contractor shall be solely responsible for reimbursing them, and the City shall have no obligation to them. Responsibility of Contractor and Indemnification of Citv The Contractor covenants and agrees to take and assume all responsibility for the Work rendered in connection with this Agreement. The Contractor shall bear all losses and damages directly or indirectly resulting to it and/or the City on account of the performance or character of the Work rendered pursuant to this Agreement. Contractor shall defend, indemnify and hold harmless the City, its officers, boards, commissions, elected and appointed officials, employees, servants, volunteers and agents (hereinafter referred to as "City Parties') from and against any and all claims, injuries, suits, actions, judgments, damages, losses, costs, expenses and liability of any kind whatsoever, including but not limited to, attorney's fees and costs of defense (hereinafter collectively "Liabilities'), which may be the result of willfid, negligent or tortious conduct arising out of the Work, performance of contracted services, or operations by the Contractor, arry subcontractor, anyone directly or indirectly employed by the Contractor or subcontractor or anyone for whose acts the Contractor or subcontractor may be liable, regardless of whether or not the negligent act is caused in part by a party indemnified hereunder. This indemnity obligation does not include Liabilities caused by or resulting from the sole negligence of the City or City Parties. Such obligation shall not be construed to negate, abridge, or otherwise reduce any other right or obligation of indemnity which would otherwise exist as to any party or person described in this provision. In any and all claims against the City or City Parties, by any employee of the Contractor, any subcontractor, anyone directly or indirectly employed by the Contractor or subcontractor or anyone for whose acts the Contractor or subcontractor may be liable, the indemnification obligation set forth in this provision shall not be limited in anv way by any limitation on the amount or type of damages, compensation or benefits payable by or for the Contractor or any subcontractor under workers' or workmen's compensation acts, disability benefit acts or other employee benefit acts. This obligation to indemnify, defend, and hold harmless the City and City Parties shall survive termination of this Agreement, provided that the claims are based upon or arise out of actions that occurred during the performance of this Agreement. J Independent Contractor Contractor hereby covenants and declares that it is engaged in an independent business and agrees to perform the Work as an independent contractor and not as the agent or employee of the ��'#* 591Page City. The Contractor agrees to be solely responsible for its own matters relating to the time and place the Work is performed; the instrumentalities, tools, supplies and/or materials necessary to complete the Work; hiring of subcontractors, agents or employees to complete the Work; and the payment of employees, including compliance with Social Security, withholding and all other regulations governing such matters. The Contractor agrees to be solely responsible for its own acts and those of its subordinates, employees, and subcontractors during the life of this Agreement. Any provisions of this Agreement that may appear to give the City the right to direct Contractor as to the details of the services to be performed by Contractor or to exercise a measure of control over such services will be deemed to mean that Contractor shall follow the directions of the City with regard to the results of such services only. Inasmuch as the City and the Contractor are independent of each other, neither has the authority to bind the other to any third person or otherwise to act in anv wav as the representative of the other, unless otherwise expressly agreed to in writing signed by both Parties hereto. The Contractor agrees not to represent itself as the City's agent for any purpose to any party or to allow anv employee of the Contractor to do so, unless specifically authorized, in advance and in writing, to do so, and then onlv for the limited purpose stated in such authorization. The Contractor shall assume full liability for any contracts or agreements the Contractor- enters into on behalf of the City without the express knowledge and prior written consent of the City. K Insurance (1) Requirements: The Contractor shall have and maintain in fidl force and effect for the duration of this Agreement, insurance insuring against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Work by the Contractor, its agents, representatives, employees or subcontractors. All policies shall be subject to approval by the City Attorney as to form and content. These requirements are subject to amendment or waiver if so approved in writing by the City. (2) Minimum Limits of Insurance: Contractor shall maintain the following insurance policies with limits no less than: (a) Comprehensive General Liability of $1,000,000 (one million dollars) limit per single occurrence, $2,000,000 (two million dollars) umbrella, including coverage for bodily and personal injury, sickness, disease or death, iryury to or destruction of property, including loss of use resulting therefrom, vandalism, property loss and theft. (b) Comprehensive Automobile Liability (owned, non -owned, hired) of $1,000,000 (one million dollars) combined single limit per occurrence for bodily and personal injury, sickness, disease or death, injury to or destruction of property, including loss of use resulting therefrom. (c) Workers' Compensation limits as required by the State of Georgia and Employers Liability limits of $1,000,000 (one million dollars) per accident. (3) Deductibles and Self -Insured Retentions: Any deductibles or self-insured retentions must be declared to and approved by the City in writing. (4) Other Insurance Provisions: The policy is to contain, or be endorsed to contain, the following provisions: (a) General Liability and Automobile Liability Coverage. (i) The City and City Parties are to be covered as insureds. The coverage shall contain no special limitations on the scope of protection afforded to the City or City Parties. 601Pa-, (ii) The Contractor's insurance coverage shall be primary noncontributing insurance as respects to anv other- insurance or self-insurance available to the City or City Parties. Any insurance or sed insurance maintained by the City or City Parties shall be in excess of the Contractor's insurance and shall not contribute with it. (iii) Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City or City Parties. (iv) Coverage shall state that the Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (v) Coverage shall be provided on a "pay on behalf" basis, with defense costs payable in addition to policy limits. There shall be no cross liability exclusion. (vi) The insurer agrees to waive all rights of subrogation against the City and City Parties for losses arising from Work perforated by the Contractor for the City for General Liability coverage only. (b) Workers' Compensation Covera e: The insurer providing Workers' Compensation Coverage will agree to waive all rights of subrogation against the Citv and City Parties for losses arising from Work performed by the Contractor for the City. (c) All Coverages: (i) Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled, reduced in coverage or in limits except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. (ii) Policies shall have concurrent starting and ending dates. (5) Acceptability of Insurers: Insurance is to be placed with insurers authorized to do business in the State of Georgia and with an A.M. Bests' rating of no less than A: VI. (6) Verification of Coverage: Contractor shall furnish the Citywith certificates of insurance and endorsements to the policies evidencing coverage required by this clause prior to the start of Work. The certificate of insurance and endorsements shall be on a form utilized by C'ontractor's insurer in its normal course of business and shall be received and approved by the City within ten (10) days of the Notice of Award. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. The Contractor shall provide proof that any expiring coverage has been renewed or replaced at least two (2) weeks prior to the expiration of the coverage. (7) Subcontractors: Contractor shall include all subcontractors as insureds tinder its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverage for subcontractors shall be subject to all of the requirements stated in this Agreement, including but not limited to naming the Parties as additional insureds. (8) Claims -Made Policies: Contractor shall extend any claims -made irtsurance policy for at least six (6) years after termination, or final payment under the Agreement, whichever is later. 611 TI (9) City as Additional Insured and Loss Pavee: The City shall be named as an additional insured and loss payee on all policies required by this Agreement, except the City need not be named as an additional insured and loss payee on any Workers' Compensation policy. L. Bonds The Contractor shall provide Performance and Payment bonds on the forms attached hereto as Exhibit "C" and with a surety licensed to do business in Georgia. Upon the request of any person or entity appearing to be a potential beneficiary of bonds covering payment of obligations arising under the Agreement, the Contractor shall promptly furnish a copy of the bonds or shall permit a copy to be made. M. Employment of Unauthorized Aliens Prohibited (I) E- Verify Affidavit It is the poliev of City that unauthorized aliens shall not be employed to perform work ori Citv contracts involving the physical performance of services. Therefore, the City shall not enter into a contract for the physical performance of services within the State of Georgia unless the Contractor shall provide evidence on Cityprovided forms, attached hereto as Exhibits "F" and "G" (affidavits regarding compliance with the E -Verify program to be sworn under oath under criminal penalty of false swearing pursuant to O.C.G.A. § 16-10-71), that it and Contractor's subcontractors have within the previous twelve (12) month period conducted a verification, under the federal Employment Eligibility Verification ("EEV" or "E-Verif ') program, of the social security numbers, or other identifying it formation now or hereafter accepted by the E- Verify program, of all employees who will perform work on the Citv contract to ensure that no unauthorized aliens will be employed. The Contractor hereby verifies that it has, prior to executing this Agreement, exeetrted a notarized affidavit, the form of which is provided in Exhibit "F", and submitted such affidavit to City. In the event the Contractor employs or contracts with any subcontractor(s) in connection with the covered contract, the Contractor- agrees to secure from such subcontractor(s) attestation of the subcontractor's compliance with O.C.G.A. § 13-10-91 and Rule 300-10-1-.02 by the subcontractor's execution of the subcontractor affidavit, the form of which is attached hereto as Exhibit "G ", and such subcontractor affidavit shall become part of the contractor/subcontractor agreement. Further, Contractor agrees to provide completed copies of Exhibit "G" to the City within five (5) business days of receipt from any subcontractor. The Citv Manager or kis/her designee shall be authorized to conduct an inspection of the Contractor's and Contractor's subcontractors' verification process at any time to determine that the verification was correct and complete. The Contractor and Contractor's subcontractors shall retain all documents and records of their respective verification process for a period of three (3) years following completion of the Agreement. The City Manager or his/her designee shall fin-ther be authorized to conduct periodic inspections to ensure that no City Contractor or Contractor's subcontractors employ unauthorized aliens on Citv contracts. By entering into a contract with the City, the Contractor and Contractor's subcontractors agree to cooperate with any such investigation by making their records and personnel available upon reasonable notice for inspection and questioning. Where a Contractor or Contractor's subcontractors are found to have employed an unauthorized alien, the City Manager or his/her designee may report same to the Department of Homeland Security. The Contractor's failure to cooperate with the investigation may be sanctioned by termination of the Agreement, and the Contractor shall be liable for all damages and delays occasioned by the City thereby. 621I'Cie ontractor hereby agrees to comply with the requirements of the federal Immigration Reform and Control Act of 1986 (IRCA), P.L. 99-603, O.C.G.A. § 13-10-91 and Rule 300-10-1-.02. Contractor's compliance with the requirements of O.C'.G.A. § 13-10-91 and Rule 300-10-1-.02 shall be attested by the execution of the contractor's affidavit, attached hereto as Exhibit "F" and incorporated herein by this reference. Contractor agrees that the employee number category designated below is applicable to the Contractor. 500 or more employees 100 or more employees Fewer than 100 employees. Contractor hereby agrees that, in the event Contractor employs or contracts with any subcontractor(s) in connection with this Agreement, the Contractor will secure from the subcontractor(s) such subcontractor(s ) indication of the above employee number category that is applicable to the subcontractor. The above requirements shall be in addition to the requirements of State and federal law, and shall be construed to be in conformity with those laws. (2) SAVE Affidavit and Secure Verifiable Document Pursuant to O.C.G.A. § 50-36-1, the Citv must obtain a SA VE Affidavit and a secure and verifiable document evidencing the Contractor's legal status in the Countty each time that Contractor obtains a public benefit, including any contract, from the City. Contractor hereby verifies that it has, prior to executing this Agreement, executed a SAVE Affidavit (to be sworn under oath under criminal penalty of false swearing pursuant to O. C. G.A. § 16-10-71), a form of which is attached hereto as Exhibit "H and submitted such affidavit to the Citv in person, electronically, or by mail. Further, Contractor verifies that it has, prior to executing this Agreement, submitted a secure and verifiable document, evidencing the Contractor's legal status, to the City either in person or electronically (in compliance with the Uniform Electronic Transactions Act). Contractor verifies that it is in compliance with the Residency Status of an Applicant for Public Benefit, as required by the Georgia Security and Immigration Compliance Act (O.C.G.A. § 50-36-1). N. Records. Reports and Audits (1) Records: (a) Records shall be established and maintained by the Contractor in accordance with requirements prescribed by the Citv with respect to all matters covered by this Agreement. Except as otherwise authorized, such records shall be maintained for a period of three years from the date that final payment is made under this Agreement. Furthermore, records that are the subject of audit findings shall be retained for three years or until such audit findings have been resolved, whichever is later. (b) All costs shall be supported by properly executed payrolls, time records, invoices, contracts, or vouchers, or other official documentation evidencing in proper detail the nature and propriety of the charges. All checks, payrolls, invoices, contracts, vouchers, orders or other accounting documents pertaining in whole or in part to this Agreement shall be clearly identified and readily accessible. ,� 631Pa`7e (2) Reports and Information: Upon request, the Contractor shall fan-nish to the City any and all statements, records, reports, data and information related to matters covered by this Agreement in the form requested by the City. (3) Audits and Inspections: At any time during normal business hours and as often as the Cit, may deem necessarv, there shall be made available to the City for examination all records with respect to all matters covered by this Agreement. The Contractor will permit the City to audit, examine, and make excerpts or transcripts from such records, and to audit all contracts, invoices, materials, payrolls, records of personnel, conditions of employment and or data relating to all matters covered by this Agreement. O. Conflicts of Interest Contractor agrees that it shall not engage in any activity or conduct that would result in a violation of the City of Milton Code of Ethics or any other similar- law or regulation. P. Confidentiality Contractor acknowledges that it may receive confidential information of the Citv and that it will protect the confidentiality of anv such confidential information and will require any of its subcontractors, consultants, and/or staff to likewise protect such confidential information. The Contractor agrees that confidential information it receives or such reports, information, opinions or conclusions that Contractor creates under this Agreement shall not be made available to, or discussed with, any individual or organization, including the news media, without prior written approval of the City. The Contractor shall exercise reasonable precautions to prevent the unauthorized disclosure and use of City information whether specifically deemed confidential or not. Contractor acknowledges that the City's disclosure of documentation is governed by Georgia's Open Record's Act, and Contractor further acknowledges that if Contractor submits records containing trade secret information, and if Contractor wishes to keep such records confidential, Contractor must submit and attach to such records an affidavit affirmatively declaring that specific information in the records constitutes trade secrets pursuant to Article 27 of Chapter 1 of Title 10, and the Parties shall follow the requirements of O.C.G.A. § 50-18-72(a)(34) related thereto. Q. Licenses, Certifications and Permits The Contractor covenants and declares that it has obtained all diplomas, certificates, licenses, permits or the like required of the Contractor by any and all national, state, regional, City, local boards, agencies, commissions, committees or other regulatory bodies in order to perform the Work contracted for ander this Agreement. Further, before commencing Work, Contractor, at its own expense, will obtain all licenses, permits or other governmental authorizations needed to perform the Project ("Licenses'), including but not limited to any permits required by the EPA or the Georgia Environmental Protection Division, if any, and shall furnish copies of such permits to the City within ten (10) days of issuance. Contractor fitrther agrees to maintain such Licenses and comply with the terms of all such Licenses throughout the term of this Agreement. All Work performed by Contractor tinder this Agreement shall be in accordance with applicable legal requirements and shall meet the standard of quality ordinarily expected of competent professionals. R. Hazardous Waste Contractor is obligated to handle all household hazardous waste and asbestos containing materials in accordance with applicable federal, state and local regulations, properly document those operations, and transport such hazardous waste to an appropriate landfill or disposal site. - r 641Page Contractor is further responsible for all tipping fees and all other- related costs associated with such disposal of hazardous waste. All other hazardous waste material shall be reported to the City for coordination with U.S. Environmental Protection Agencv or the Georgia Environmental Protection Division of the Georgia Department of Natural Resources. S. Kev Personnel 11 of the individuals identified in Exhibit V" are necessary for the successful prosecution of the Work due to their unique expertise and depth and breadth of experience. There shall be no change in Contractor's Project Manager or members of the project team, as listed in Exhibit V ", without written approval of the City. Contractor recognizes that the composition of this team was instrumental in the City's decision to award the Work to Contractor and that compelling reasons for substituting these individuals must be demonstrated for the City's consent to be granted. Any substitutes shall be persons of comparable or superior expertise and experience. Failure to comply with the provisions of this section shall constitute a material breach of Contractor's obligations under- this Agreement and shall be grounds for termination. Contractor- shall not subcontract with any third parry for the performance of any portion of the Work without the prior written consent of the City. Contractor shall be solelv responsible for any such subcontractors in terms ofperformance and compensation. T. Authoritv to Contract The Contractor covenants and declares that it has obtained all necessary approvals of its board of directors, stockholders, general partners, limited partners or similar authorities to simultaneously execute and bind Contractor to the terms of this Agreement, if applicable. U Ownership of Work All reports, designs, drawings, plans, specifications, schedules, work product and other materials prepared or in the process of being prepared for the services to be performed by the Contractor ("Materials') shall be the property of the City, and the City shall be entitled to fit// access and copies of all such Materials. Any such Materials remaining in the hands of the Contractor or subcontractor upon completion or termination of the Work shall be delivered immediately to the City. The Contractor assumes all risk of loss, damage or destruction of or to such Materials. If any Materials are lost, damaged or destroyed before final delivery to the City, the Contractor shall replace them at its own expense. Any and all copyrightable subject matter in all Materials is herebv assigned to the City and the Contractor agrees to execute any additional documents that may be necessary to evidence such assignment. V. Meetinzs The Contractor is required to meet with the City's personnel, or designated representatives, to resolve technical or contractual problems that may occur during the term of the Agreement, at no additional cost to the City. Meetings will occur as problems arise and will be coordinated by the City. The Contractor- will be given a minimum of three fadl working days notice of meeting date, time, and location. Face -to face meetings are desired. However, at the Contractor's option and expense, a conference call meeting may be substituted. Consistent failure to participate in problem resolution meetings, two consecutive missed or rescheduled meetings, or to make a good faith effort to resolve problems, may result in termination of the Agreement. Section 8. Covenants of the City B. �ht of Entry The City shall provide for right of entry for Contractor in order for Contractor to complete the Wo rk. lir 651Pa« B. Citv's Representative ,KKKVXX shall be authorized to act on the City's behalf with respect to the Work as the City's designated representative; provided any changes to the Work or the terms of this Agreement must be approved as provided in Section 6 above. Section 9. [Intentionally Omitted] Section 10. Termination A. Termination for Convenience: i. The City may terminate this Agreement for convenience at any time upon providing written notice to Contractor. H. In the event of a termination for convenience, Contractor shall take immediate steps to terminate Work as quickly and effectively as possible and shall terminate all commitments to third parties runless otherwise instructed by the City. iii. Provided that no damages are due to the City for Contractor's failure to perform in accordance with this Agreement, the Citv shall pay Contractor, in accordance with Section 5 herein, for all debris that is loaded and disposed and for other Work that is performed by 6:00 PAd on the day following Contractor's receipt of City's notice of termination. The City shall have no fitrther liability to Contractor for such termination. Further, and at its sole discretion, the City may pay Contractor for additional value received as a result of Contractor's efforts, but in no case shall the City's total payment for the Work exceed the maximum Contract Price agreed to herein. B. Termination for Cause. i. The City may terminate this Agreement for cause if Contractor breaches any material provision of this Agreement. The City shall give Contractor sever: (7) days written notice of its intent to terminate the Agreement and the reasons therefore, and, if Contractor, or its Surety, fails to cure the default within that period, the termination shall take place without fitrther- notice. ii. The City shall then make alternative arrangements for completion of the Project. The City will make no payment to the Contractor or its Surety until all costs of completing the Project are paid. If the per unit price charged by the replacement contractor exceeds the per unit price charged by the Contractor, as provided in this Agreement„ the Contractor or its Surety will pay the difference to the City to finish the Project. C. If the City terminates this Agreement for- cause, and it is later determined that the Citv did not have grounds to do so, the termination will be treated as a termination for convenience under the terms of Section 10(A) above. D. Upon termination, the Contractor shall: (1) promptly discontinue all services affected, unless the notice directs otherwise; and (2) promptly deliver to the City all data, drawings, reports, suininaries, and such other information and materials as nnav have been generated or used by the Contractor in performing this Agreement, whether completed or in process, in the form specified by the Citv. E. The rights and remedies of the City and the Contractor provided in this Section are in addition to any other rights and remedies provided under this Agreement or at law or in equity. Section 11. No Personal Liability Nothing herein shall be construed as creating anv individual or personal liability on the part of any City Party. No City Party shall be personally liable to the Contractor or any successor in interest in the event of any default or breach by the City or fon- any amount which may become due to the Contractor or 661Pa,c successor or on any obligation under the terms of this Agreement. Likewise, Contractor's performance of services under this Agreement shall not subject Contractor's individual employees, officers or directors to any personal liability. The Parties agree that their sole and exclusive remedv, claim, demand or suit shall be directed and/or asserted onlv against Contractor or the City, respectively, and not against any employee, officer, director, or elected or appointed official. Section 12. Miscellaneous A. Complete Agreement. This Agreement constitutes the complete agreement between the Parties and supersedes anv and all other agreements, either oral or in writing, between the Parties with respect to the subject matter of this Agreement. No other agreement, statement or promise relating to the subject matter of this Agreement not contained in this Agreement shall be valid or binding. This Agreement may be modified or amended only by a written document signed by representatives of both Parties with appropriate authorization. B. Successors and Assigns. Subject to the provision of this Agreement regarding assignment, this Agreement shall be binding on the heirs, executors, administrators, successors and assigns of the respective Parties, provided that no party may assign this Agreement without prior written approval of the other party. C. Governing Law. This Agreement shall be governed by and construed under the laws of the State of Georgia. If any action at law or inequity is brought to enforce or interpret the provision of this Agreement, the rules, regulations, statutes and laws of the State of Georgia will control. Any action or writ related to this Agreement shall be brought in the Superior Court of Fulton County, Georgia. D. Counterparts. This Agreement rimy be executed in. an v 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. E. Invaliditv of Provisions. Should any part of this Agreement for any reason be declared by any court of competent jurisdiction to be invalid, such decision shall not affect the validity of arty remaining portion, which remaining portion shall continue in full force and effect as if this Agreement had been executed with the invalid portion hereof eliminated, it being the intention of the Parties that thev would have executed the remaining portion of this Agreement without including any such part, parts or portions which may for any reason be hereafter declared invalid. F. Notice. All notices, requests, demands and other communications hereunder shall be in writing and shall be deemed received, and shall be effective, when: (1) personally delivered, or (2) on the third day after the postmark date when mailed by certified mail, postage prepaid, return receipt requested, or (3) upon actual delivery when sent via national overnight commercial carrier to the Parties at the addresses given below, or at a substitute address previously furnished to the other Parties by written notice in accordance herewith: NOTICE TO CITY shall be sent to: City ofMilton 13000 Deerfield Parkway Suite 107 City Manager Milton, GA 30004 NOTICE TO CONTRACTOR shall be sent to: G. Sovereign Immunity. Nothing contained in this Agreement shall be construed to be a waiver of the City's sovereign immunih, or any individual's qualified good faith or official immunities. 671Pa`i� H. Force Maieure. Neither the City nor Contractor shall be liable for their respective non -negligent or non-wildittl failure to perform or shall be deemed in default with respect to the failure to perform (or cure a failure to perform) anv of their respective duties or obligations under this Agreement or for any delay in such performance due to: (i) any cause beyond their respective reasonable control; (ii) any act of God; (iii) any change in applicable governmental rules or regulations rendering the performance of any portion of this Agreement legally impossible; (iv) earthquake, fire, explosion or flood; (v) strike or labor dispute, excluding strikes or labor disputes by employees and/or agents of Contractor; (vi) delay or failure to act by any governmental or military authority; or (vii) any war, hostility, embargo, sabotage, civil disturbance, riot, insurrection or invasion. In such event, the time for performance shall be extended by an amount of time equal to the period of delay caused by such acts. Any additional reasonable costs incurred by Contractor as a result of such extension may be added to the Contract Price subject to the terms of Section 6 and approval of a Change Order relating to same. All other obligations shall remain intact. L Headings. The caption or headnote on articles or sections of this Agreement are intended for convenience and ease of reference purposes only and in no way define, limit or describe the scope or intent thereof, or of this Agreement nor in any way affect this Agreement. J. 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 Contractor agrees that, during performance of this Contract, Contractor, 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, Contractor agrees to comply with all applicable implementing regulations and shall include the provisions of this Section 12(J) in every subcontract for services contemplated tinder this Agreement. K. Waiver. No failure by the City to enforce any right or power granted under this Agreement, or to insist upon strict compliance by Contractor with this Agreement, and no custom or practice of the City at variance with the terms and conditions of this Agreement shall constitute a general waiver of any future breach or default or affect the City's right to demand exact and strict compliance by the Contractor with the terms and conditions of this Agreement. L. No Third Party Rights. This Agreement shall be exclusively for the benefit of the Parties and shall not provide any third parties with any remedy, claim, liability, reimbursement, cause of action or other right. IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed tinder seal as of the date first above written. CONTRACTOR: By: Attest: ignature) 7rint) Y [AFFLE CORPORATE SEAL] SIGNED, SEALED, AND DELIVERED in the presence of 68 1 f a ,. �: E Nevary Public [NOTARY SEAL] Aly Commission Expires: [SIGNATURES CONTINUED ON THE FOLLOWING PAGE] Approved as to form.- City orm:City Attorney CITY OF MILTON [CITYSEAL] SIGNED, SEALED, AND DELIVERED in the presence of.- Witness fWitness Notary Public [NOTARY SEAL] My Commission Expires: --- - -- kr 69 1 P a g e EXHIBIT "A" [Insert Invitation to Bid/ EXHIBIT "B" [Insert Bid Documents) ORIGINA "i `' �(\�`�j�j-,'si{ 7t CITY OF MILTON -� tj INVITATION TO BI.D (THIS IS NOT AN ORDER) Bid Number: Project Name: 14-PI"78 Cured -In -Place Pipe Lining: Nix Road and Glencreek Way Due Date and Tinie: Mark Face of Envelope/Package: June 24, 2014 Local Time: 2:00pm � j Number of Pazes: 62 - Name of Company or Firm ISSUING DEPARTN ENT L\i T,()RN1A?Oiti — — Issue Date: -- _ --- _.-- June 2, 2014 Special Instructions: Citi of .Milton Public «'orks Department Phone: 678-242-2500 13000 Deerfield Pkwy, Suite 1070 Fax: 678-242-2499 Milton, Ga. 30004 Website: www.city-ofmiltongams INSTRUCTIONS TO BIDDERS ` Return Submittal to: Mark Face of Envelope/Package: Bid number: 14-PW8 City of Milton Name of Company or Firm Attn: Rick Pearce, Purchasing Ofiicc 13000 Deerfield Pk -w Special Instructions: Suite 107G I Deadline for Written Questions Milton, Ga. 30004 .bine 13, 201.4, 5 pm Eniall questions to hick Pearce at I BIDDERS MUST COt1PLE'lE THE FOLI.r-MTK_G Bidder NamcrAddress: Layne Inliner, LLC 2090 Tucker Industrial Road, Suite A-1 Tucker, GA 30084 Bidde. Phone dumber: Bidder Federal I.D. i'T a n:ber: _ 01-0684682 BIDDERS MUST RETURN THIS COWER S'. Audi Bidddee 'ig y: �L- j ( a;e prim n:nr. xn ;ign inink, Carl C. Smith -Branch Manager _ + Bidder FAX Number. 678-935-5090 Bidder I: -mail Address: carl.smith layne.com _ WITH BID RESPONSE l4-1111' [BIDDERS MUST RETURN THESE SHEETS WITH BID RESPONSE] . (2 PAGES) BID FORM and ADDENDA ACKNOWLEDGEMENT TO: PURCHASING OFFICE CITY OF MILTON MILTON, GEORGIA 30004 Ladies and Gentlemen: In compliance with your Invitation To Bid, the undersigned, hereinafter termed the Bidder, proposes to enter into a Contract with the City of Milton, Georgia, to provide the necessary machinery, tools, apparatus, other means of construction, and all materials and labor specified in the Contract Documents or as necessary to complete the Work in the manner therein specified within the time specified, as therein set forth, for; Bid Number 14-�PW8 Cared -In -Place Pipe Lining: Nix Road and Glencreek Way The Bidder has carefully examined and fully understands the Contract, Specifications, and other documents hereto attached, has made a personal examination of the Site of the proposed Work, has satisfied himself as to the actual conditions and requirements of the Work, and hereby proposes and agrees that if his bid is accepted, he will contract with the City of Milton in full conformance with the Contract Documents. Unless otherwise directed, all work performed shall be in accordance with the Georgia Department of Transportation Standard Specifications, Construction of Transportation Systems (current edition). All materials used in the process of completion of the work included in the Contract will be furnished from Georgia Department of Transportation certified suppliers only. It is the intent of this Bid to include all items of construction and all Work called for in the Specifications, or otherwise a part of the Contract Documents. In accordance with the foregoing, the undersigned proposes to furnish and construct the items listed in the attached plans for the lump sum price stated. The Bidder agrees that the cost of any work performed, materials furnished, services provided or expenses incurred, which are not specifically delineated in the Contract Documents but which are incidental to the scope, intent, and completion of the Contract, shall be deemed to have been included in the prices bid for the various items scheduled. The Bidder further proposes and agrees hereby to promptly commence the Work with adequate forces and equipment within ten (10) calendar days from receipt of Notice to Proceed and to IOJPage 14-PW8 complete all Work within sixty (60) calendar days from the Notice to Proceed. If weather affects the required completion schedule, The City and selected Bidder will negotiate a new completion date, Attached hereto is an executed Bid Bond in the amount of 5% of Bid Amount Dollars ($ (Fire Percent of Amoun.t Bid). If this bid shall be accepted by the City of Milton and the undersigned shall fail to execute a satisfactory contract in the form of said proposed Contract, and give satisfactory Performance and Payment Bonds, or furnish satisfactory proof of carriage of the insurance required within ten days from the date of Notice of .Award of the Contract; then the City of Milton may, at its option, determine that the undersigned abandoned die Contract and there upon this bid shall be null and void, and the surn stipulated in the attached Bid Bond shall be forfeited to the City of Milton as liquidated damages. Bidder acknowledges receipt of the following addenda: Addendum NO. Bidder further declares that the full name and resident address of Bidder's Principal is as follows: a Signed, sealed, and dated this day of !jv� , 20 Bidder Mailing Address: Layne Inliner. LLC_ 2090 Tucker Industrial Road. Suite A-1 Tucker. Ce�otgia 30084 Signature Bidder Lase Inliner. LLC_ ., Company Name Print Name: Carl C. Smith Title: Branch Manager (Seal) i�l...11WS r,,I1li 1� } F.BI:I)I)F•I:tS N'ITH BID I_ ES11U- SE (3 PatzF�;) BID BOND CITY OF MILTON, CLORGI� BIDDER Vam; — and Adrress': Layne Ir_liner, LLC, 2090 Tucker Industrial Road, Suite A-1, Tucker, GA 30084 SURETY N:ne end A212n.ss of P-4nciphl Plaoe of Businass): Travelers Casualty and Surety Company of America, One Tower Square, Hartford, CT 05193 E ere rim11"r t: a5 1he City` '"Nar::., : id Address" Cit D`M.irvn, Ueor tr AT -,Vii;' r: ssr�O c 13 ON Deezfte d Parkway, Su -e 107Cit 1:on,Geo^ :a3X04 BID € D DUE DATT: June 24th, 2014 PROTECT (Br`c-'Desoriptioi. Includinx Location): CIPP Nix Road and Glencreek Way / Milton, Georgia--- B OND 30ND'_ UM13ER: N/A DATE fact later' Cact Bid date date;; June 24th, 2014 PS AL SUM: Five Percent of the Amount of the Bid - - ------- ------- ------ �.;" titre..,; IN WIT ESS VIHEREOF, Surety and Biddcr, intending to be lageuy bound 'hereby to the City, subjecr to thu terra printed below or ou the reverse side hereof, do e o-11 cause this Bic Bond to be duty executed on its behalf by its au- .o-ized cf c2r, age :t or rerescmanve, r-111)DER SURETY Layne Inliner, LLC Travelers Casualty and Surety ��<<"•• Company of America _i>ti^lir Ei dde/�''ahte a: C ^retic Sc.. -------�'' t. By: `t=latut'rsard7ie: 5i:a.a n ''1_t:c: William Kantlehner, II7 Attorne IJFaact 'At:sei; ^k f Au.xney'.. J Ades:; atlt7e mad �. �t_.C: + i G l4�,1r� -"+t �ilil arr �tld T:i(c-. —. Debar h A. Yates Attorney -in -Fact Above addresses are to be, used for givi:rg any notice required by d!C terms ::f this B;d Bond. (2) Aivn singular relerenm- :o Biddor, Surcty, the City or any ofjl :" par y s}laii h:' n=E i\; considered plural where applicable, 1. Bidder and Surety, jointly and severally, bind themselves, their heirs, executors, a&ninistrators, suecesaors and assigns to pay to the City upon Defal►lt of Bidder the penal sura set forth on the face of this Bond. 2. Default of Bidder shall occur upon the failure of Bidder to deliver within the time required by the Bidding Doewnents (or my extension of that time agreed to in writing by the City) the exeouted Agreement required by the, Bidding Documents and any performance and payment .Bonds required by the Bidding Documents, This obligation shall be null and void if-, 3.1 The City accepts Bidder's Bid and Bidder delivers within the time required by the Bidding Documents (oar any extension of that time agreed to in writing by the City) the executed Agreement regrured by fine Bidding Documents and -any performanco and payment Bonds required by the .Bidding Documents; or 312 AU Bids are rejected by the City; or 3.3 The City Falls to issue a Notice of Awaxd to Bidder within the time specified in the Bidding Documents (or any extension of that time agreed to in writing by Bidder and, if applicable, consented to by Surety when required by paragraph S hereof). 4. Payment tinder this Bond will be due and payable upon Default by Kidder within 30 calendar days after receipt by Bidder and Surety of a written Notice of Default from the City, which Notice will be given with reasonable promptness and will idmtify this Bond and the Project and include a statement of the amount due, 5. Surety waives notice of, as well as any aad all defenses based on or arising out of; any time extension to issue a Notice of Award agreed to in writing by the City and Bidder, provided that the total time, including extensions, for is5uhig a Notice of Award shall not in the aggregate exceed 120 days from Bid due date without Surety's written consent, d. No suit or action shall be commenced under this Bond either prior to 30 oalendar days ager the Notice of Default required in paragraph 4 above is received by Bidder and Surety or later than one year after Bid due date. 7, Any suit or action under this Bond shall be commenced only in a court of competent jurisdiction located in the State of Georgia, 8, Notices requiredhereunder shall be in writing and sent to Bidder and Surety at their respective addresses shown on the face of this Bond. Such notices may be swat by personal delivery, commercial courier or by United States Registered or Certified Mail, return receipt mquested, postage pre -paid, and shall be doomed to be effective upozx receipt by the party concerned.. 9, Surety shall cause to be attached, to this Bond a current and eff'eotivo Power of Attomey evidencing the authority of the officer, agent or representative who executed this Bond on behalf. of Surety to exoeu.te, seal and deliver such 233ond and bind the Sutety thereby,. 10. This Fond is intended to conform to all applicable statutory requiretrrelits, Any applicable requirement of any applicable statute that has been omitted fiom this Dond shall be deemed to be included herein as if set forth at length If any provision of this Bond conflicts With any applicable statute, then the provision of said statute shall govern and tre remainder of this Bond that is not in conflict therewith shall continue in full force and effect, 1L. The term "Bid" as used herein includes a Bid, offer or proposal, as 1ppilcable under the particular circumstances. 12. The terms o rthis Bid Bond shall be governed by the laws of the "State of Georgia. 1.T, -!i* 14111aga 12F iU"TOPN IS INVALID WITHOUT THE RED BORDER TRAVELERS' ' I'ar',,,il tt,n t"t nmpml} St.Panl at'rtrur, Inst„:,,,,. !lall: Fidelih and Cuara,?n ln,urancr Company •hra, c"t I idrlitand G11,11ano Irsuran,e Undt•:',criters, Inc. frareh., np:un of, ;tncrica M. Paid Fire and Mar!Ilr 111st','ancr ('omPain I'nited {:..:•, -Intl Gtlaran{} ("(rllpau� Paul l:uardian 1111:lrancr {'r:nrylau} I':('t`t'tilscate \n. 0 0 5 8 5 3 5 3 9 j.• •..i lt•: +tl.! 1II{'i 1{1� IIII-:SF: 1'ItT'��:-: �, _.•; - ..' ,.�,�, �. v ":,.:i :•r•:..I:d `.:.Ire :' �r„ ', �.. � ......-.:-�. v. ...• - it:.?•�.:. L :u. �..:.uirc Ci! 1. i'. -[.rd :it a.a :ii:Int t , , . !. _ :.I ;..., I.' .. , I., _. .. �...: ,�, .. ..'�i, ! � ,:i: 1,'.'. .. 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[ill, Apr i l =s) 14 -._.._.._.__... _ u ou castlaltN C ompant St. Paul Mo-cun Insurance Compall ,iity and Guarant} Insurancc ( ompanN Iratelvrh C:t.,uall, and Suret1 Cnillpal,t . and Guaranty I1lStl1-a1'Ce Underm r11:•rs. 111c. 1raletl'rs C:sllalt} and Su ret.i Companl 1:1 .kin'rka P mil Fire and Marine Insurance Company L sited Slates Fidtlitti and Glia aut} C nnlpzmi and guardian Insurance IL ompan} ' �'`` '�y„°'�W��!' ��.--'-My� ,:.';,r . F:`'^; ;s�4�"� � •'•� vs;rva..,,.. h` � •aa �s.�a�, cE,jSYgi:L^C �'�Y'rtFATE'J 1 f -'�, \ i � �[9 URAL.-r^i "���pp4CR9 �; ^ V�HtuT'fCFG,• 7'�'YJFir'trD,t� 63 ?�C•'Y�r,'ry\�� o 1951 41 t ;o SfiAI , ctK+rt G II aw,fIl o d 1 ✓f ;!1 r %K Pillidt Ill 4th April 2014 >:, ... ':r: t+1—_--...—._� . hrft,rc mr }�.:•nnai!t ::!,,>::u•al IZ:�Lcrt 1., i;.c? . •.t L,, :,c,rc•':, Irt!�.•:I 'lint,.li to >::Ir r \ icc P1 11 ,+; i x11:?irleI"I1 caxmit'' COtnP:mt. 1-idchl\ and Gwiraun lu.aurancc C-111mm. Fidclit.:ur4 I u.tr:,l:i, ta,a:aace t 1 ter,` nc�:.. h'... SI. 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(• Inn. pv:!,,,.: , {!urciu 0.+111 1:?ctl h, ,i t,in: n i :!ht!(01 tilt c,•Iporaflcm, h, 111111,61 a, a dill, mitholl ' •.i 1;1 :'. !r t,i'•:. �r'l]t•t'i't,!. : , .. ti. ,,. ., .Ilt� ` .,, l.�. t... —--___-\�/� /1 ,� [� � ►�/1 ��'t�J�� l l'c't't : :, ;�•t I.•.� ..•.i 11 ' 'i ,.t �' �•* 1, ,� ..u•. � Itu: ?let ;i )d!.!: .( i, l:t:'. _'i, li• � "-- - -`-- ---'''----._.__..__.-... _. ___.. bVAP lir f- THS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER [BIDDERS 11IUs-r RE-TURN-1.1IIS SHEET WI"1'1`1 BID RESPONSE] Qt; ALIFICATIONS SIGNATURE AND CERTIFICATION I certify that this offer is made without p,ior understanding, agreement, or connection with any corporation, firm, or person submitting a proposal for the same materials, supplies, equipment, or services and is in all respects fair and without collision or fraud. I understand collusive bidding is a violation of State and Federal Law and can result in fines, prison sentences, and civil damage awards. I agree to abide by all conditions of the proposal and certify that i am authorized to sign this proposal for the proposer. I further certify that the provisions of the Official Code of Georgia Annotated, including but not limited to Title 32, Chapter 4, Article 4, Part 2 and Sections 45-10-20 et sed. have not been violated and will not be violated in any respect. Authorized Signature Print/Type Name_ Carl C. Smith Date Print/'Type Company Namc Here Layne InGner, LLC CORPORATE CERTIFICATE I, Alicia Crandjall certify that t am the Secretary of the Corporation namcd as Contractor in the foregoing bid; that Carl C. Smith Who signed said bid in behalf of the Contractor, was then (title) Branch Manager (>f said Corporation; that said bid was duly signed for and in behalf of said Corporation by artithority of its Board of Directors, and is within the scope of its corporate powers; that said �'orporation is organized under the laws of the State of day of ti rt' - 20 1 Lit t 1Y1�r��t (Sea:) t Signatuir) - [.BIDDERS MUST RETURN THIS SHEET WITH BID RESPONSE] LIST OF SUBCONTRACTORS I do X , do not , propose to subcontract some of the work on this project, I propose to Subcontract work to the following subcontractors; Company Name: Layne Inliner, LLC K.<V� 161Page [BIDDERS MUST RETURN THIS SHEET WITH BID RESPONSE] EXHIBIT "F" CONTRAC'.I OR AFFIDAVIT AND AGREEMENT STATE OF GEORGIA CITT OF bIILTON By �,..; affidavit, the undersigned contractor verifies its co:npliarcc with O.C.G.: , J-) I, staring iif llI'Lia`, ? .r'." •;'d::5,, ' rm, or corporation which is engaged ill the physi.a: perfc "."' •e o services on beha:'ci ttl. iS f S:n'.i Cid tit'llll, l5 atltl Q1'1Zdd t0 USC alk, USCS the fdd : _, '—flcrization hCo�lcln c r any subsequent replacement program, Zi'.Cr.fd :e 'tit'ti2 the applicable protisi;�r._ a::,! a lishe i'n U.C,U.A. 1? -IG -91. Furtherino:e., the undersigned colds ;or will coutirue w use r'le ;e��:'tri t- 2..L:c)!' td!:UP. oro`raIr, thrgUghOUt the CO•iltraCt period and the undcrsig-ec contracto wlil contract for t: ,e physical ocrformar.ce of .ereices in satisfaction of such contract only with StfnCC .^araC`i'CS ti°hi. Dresem an aiiida.it to t"=-ontractor :,: the inforination required b} O.C.G.A. $ i3-IC-9liLi Contractor here'"i% a:tests , :rt its federal work authorization user identification nurnber and date of auti:orizatiou are as f Nott;; 4711.1 eVeriffi• NUrnbcr _.June 1,2007 Date of Authorization Layne Inliner, LLC Manic of Contractor CIDP- Nix Road and Glencr•eek Wav Name of Project City of Mitrgn Nagle of Public r:nipioyei I hereby declare u�id er penalty of per:ury that the foregoing is true and correct. Signature of Aulthorized Officer or At,ent Carl C. Smith_,_Braench Managern i'rinted Mame alid "hidof Autli'orizcd Office,- or Agent SUBSCRIBEll AXD S'WFORN BEFORI bi- OM TI IIS IHE:' ;`i riD �YOF C= C� NOTARY PUBLIC [NO l'''\RY S1 xl'! _�fLli}a0.1 17 111 a t: [BIDDERS M ST RETURN TI -IES +' SHEETS '4 IT11 BID RFSPONSI ] Bid Submittal Form Cured -Iii -Place Pipe Lining Nix Road and Glenereek Way The undersigned, as bidder, declares and represents that it has examined the site of the cork and informed himself/lterself hilly in retard to all conditions pertaining to the place where the work is to be performed, including those conditions affecting the cost of the work and the delivery, handling and storage of materials and equipment. The bidder has examined and read the Bidding Document and has satisfied himself%herself that the Bidding Document is an adequate and acceptable reflection of the wo.k which is required to be performed and that the bidder is willing and able to perform at of the work necessary. The bidder further certifies that no additional inro:ntation is required to complete the work encompassed by this bid within the cost and schedule established and a -reed noon within this bidding document. The bidder is solely responsible for the accuracy of any infotnnation placed on this bid sheet. Clerical or mathematical errors are insufficient reason to void a successful bid; ltowet,er, the bidder may withdraw a bid. in N.vrititig, prior to the established bid due date and time without penalty, The bidder hereby proposes and agrees, if this bid for the above named project is accepted to enter into a contract to perform all work necessary to the successful completion of the contract; and to supply all required submittals as indicated or specified in the ITB and the bid documents to be performed or furnished by bidder for the for the total contract price of. T otal Bike Bid Write (Lump Sial) S 252,261.90 Print Dollar Aniount TWO HUNDRED FIFTY TWO THOUSAND TWO HUNDRED SIXTY ONE DOLLARS & 90/100s ------------------- C OMPA.NY Layne Iniiner, LLC ADDRESS ALiI'HORIZED SIGNATURF PRINT / TN'PE -NANIE Car! -L_ -Smith.. TITLE ----- =nth Manager Tucker, Georgia 30084 (BIDDERS MUST RETURN THIS SHEET WITH BID RESPONSE] DISCLOSURE FORM This form is for disclosure of campaign contributions and family member relations with City of Milton officials/employees, Please complete this form and return as part of your bid package when it is submitted. Name of Bidder _ Layne Iniiner, LLC Name and the official position of the Milton Official to whom the campaign contribution was made (Please use a separate form for each official to whom a contribution has been made in the past two (2) years.) N/A List the dollar amount/value and description of each campaign contribution made over the past two (2) years by the Applicant/Opponent to the named Milton Official. Amount/Value Description 0 N/A Please list any family member that is currently (or has been omployed within the last 9 months) by the City of Milton and your relation; NONE -M7, 1911)a�e I 111:( F.1111 O ADDIAM N1 �' I"1 13 14-PNVs 1 ... t:, .. a ,i:5� -, ?�. I'rIl':!r( 1'il;,iii. itlA. •�I' lil.iii f!Y)< 1a.1'... 1., �•icl..t�carrru�•it�ufn�il•„ I (lc)ctnnents pct taiuin,; I+% Ow :;11o\ r�lcrtf+ rc l ft'. Layne lnCner, LLC Carl C. Smith 2090 Tucker Industrai Road. Suite A-1 Tucker Georgia 30054 678-735-0033 678-935-5090 carl.smith@layne.com 6/24,2014 Addendum #2 Questions and Cit, (A'MiNon loi,,NN (2.-, Will the En-Ineer/Owner provide the budget for this project" When does the Owner expect to issue NTP` 111 11 ( tlIn the Rid i.11 c L!:)I,-% After bids are received on 6-24-14 how Ion(, -should it take for the City of Milton to issue a notice to proceed and execute contracts'? bid, Li: -e e� ,i C I),I-,C III-,: �, III ro,21 1, ) b." City Colr- L At that t :,m i! VIT ;v ill 1),: Is there a certain (late that you need to have this work completed'? ITB 14-PW8 Addendum #2 Page 2 of 2 ACKNOWLEDGEMENT RE+CEIPT OF ADDENDUM #1 ITB 14-PW8 Upon receipt of documents, please email, fax or mail this page to: City of Milton Attn: Rick Pearce, Purchasing Office 13000 Deerfield Pkwy Suite 107G Wilton, GA 30004 Phoac: 678-242-2511 Fax: 678-242-2499 Email: rick.nearce�i)citvofFril!oncra.ii5 rackno4.viedge receipt of documents pertaining to the above referenced ITB. COMPA Y NiVNIE: Layne !n!iner, LLC CONTACT PERSON: Cad C. Smith ADDRESS: _ 2090 Tucker Industrial Road. Suite A-1 CITY: Tucker STATE: Georgia _ ZIP: __ 30084 PHONE: 678-735-0033 FAX: 678-935-5090 E4•I.4,W ADDREW sari gmithnlavna rnm 6/24/2014 Signature Date ADDEI\DUNI #1 ITB 14-PVV8 Addendunn 411 P<l f., 1 n; 2 Addendum #1 Clarification of ITB 14-PW8 14 -PWS: Cure In Place Pipe Lining: Nix Road and Glencreek Way. 1. It is the intent of this project to provide too- the reconstruction of pipelines and conduits by the installation of a resin -impregnated flexible tube, which is tightly forined to the original conduit. The resin is cured using either hot water under hydrostatic pressure or steam pressure Within the tube. The Cured -In -Place Pipe (CIPP) will be continuous and tight fitting. ?. There are 4 pipe sections where CIPP lining is required for this project, I on Nix Road and 4 on Glencreek Way in the City of Milton. GA. 3. Required Specifications for CIIP materials and installation for this project are as follows: This specification references standards from the American Society for Testing and Alaterials: ASTiv1 F1216 (Rehabilitation of Existing Pipelines and Conduits by the Inversion and Curing of a Resin -Impregnated Tube), ASTM F1743 (Rehabilitation of Existing Pipelines and Conduits by Pulled -in -Place Installation of Cured -in -Place Thermosetting Resin Pipe (CIPP)), ASTM D5813 (Cured -in -Place Thermosetting Resin Sewer Pipe), ASTivt D790 (Test Methods for Flexural Properties of Un -reinforced and Reinforced Plastics and Electrical Insulating Materials), and D2990 (Tensile, Compressive, and Flexural Creep and Creep -Rupture of Plastics) which are made a part hereof by such reference and shall be the latest edition and revision thereof. 4. The work shall be completed within ("90) calendar days from the "Notice to Proceed". 5. The contractor shall be able to demonstrate successful completion of at least 500,000 linear feet of CIIP over the past 10 years. The contractor shall also be able to demonstrate successful installation of at least 5 projects Where a similarly sized (60 inches in diameter or greater) conduit was lined. ITB 14-PW8 Addendum #1 Page 2 of 2 Ly� in/iner Our Family of Compa�ies Our Product — Inliner' CIPP Our ManUfacturer — Liner Products Our Diversity Our Cost Control Layne Christensen Company has a rich and diverse history dating back to 1882 where we began as a domestic water -well drilling company in South Dakota. From those humble roots coupled with over 130 years of experience, we have evolved into a global water management, construction and drilling company and are recognized as one of the world's leading providers of responsible solutions for water, mineral and energy resources. Innovation and vision throughout our history has led to our broad range of services that meet the needs of our various clients and provide stability in an ever changing environment. Today we continue our legacy of value, innovation and results through our dedication to our core values of safety, sustainability, integrity and excellence. ye ' in/iner i i � s With over 4,500 permanent employees operating in more than 80 integrated offices and project sites worldwide, Layne is well positioned to serve municipalities and industries throughout the world. Layne's success is depicted below: 1,000 � THOUSAND 10 C.UBIC METERS PLAN B WORKED! f� 50,000 WATER WELLS /f 50 MILLION METERS 3.11000 Our solutions give clients a single point of accountability for even the most complex projects and enable us to deliver the highest levels of both quality and economic efficiency. While our services are impeccable, it is people and our solutions that make us truly remarkable. (.Lat2e) in/iner Layne offers its rehabilitation services through Layne Inliner. As a ane licensed installer and owner of the Inliner trenchless sewer relining 1infiner process, Layne Inliner has successfully installed more than 17.6 million feet of CIPP throughout the United States. Pipe diameters have ranged from 6 to 90 -inch and have included traditional round as well as odd shaped piping. Layne's installation techniques and the lining tube manufacturing are both ISO 9001:2008 certified bringing an added element of quality control to both the design and installation of our projects. Layne Inliner extends our CIPP outside of the mainline with our Inserv• and Inseal' products for lateral lining. Inserv' allows for complete lining of the lateral and Inseal completes the lining operations by providing a watertight seal at the mainline/latera; interface. Layne was the first U.S. licensee of the Inliner'' technology in 1991 and now owns and manages Inliner Technologies. This allows us to work with resin and catalyst specialists, equipment manufacturers, and a network of licensees to continue to refine and enhance the CIPP product and industry as a whole. Inlineri" CIPP is unique in the fact that the technology, liner tube manufacturer and largest installation contractor are all housed within the same parent organization. Our unique family of companies is presented below. Our F;imily of Companies Multi -disciplined provider of [�neJ water. mineral and energy solutions ``. 11 1 Layne's full service a'c nD rehabilitationin/iner Technology company 41 liner rp Liner and liner manufacturer prOCiLEt') With this organizational structure we are able to provide our clients singe -source accountability as well as added Quality assurance and control when it comes to CIPP. This structure also gives us a wide variety of full service construction options and the in-house capability to handle almost any construction situatic y2e) in/iner Our Product - Inliner CIPP Inliner' CIPP has been used in the United States since 1986. As of early 2014, over 18 million feet of Inliner' has been installed in storm sewers, sanitary sewers, and more aggressive industrial applications. The product is designed in accordance with ASTM F1216 and meets all requirements of ASTM F1216 and ASTM F1743. The Inliner" CIPP technology is housed within Inliner Technologies, LLC. Inliner Technologies is dedicated to the Inliner' product and is continually evaluating potential improvements through its extensive research and development efforts. Personnel from Inliner Technologies are involved in the ASTM committees and with research studies happening at a variety of universities ensuring our product meets today's standards and sets the standards for tomorrow. 16 The Inliner` product uses three different resin systems — a J polyester (both neat and enhanced), vinyl ester and epoxy — depending on the nature of the piping environment. We limit our resin suppliers so we better contro! the variables entering our CIPP and ensure a uniform, quality product. The Inliner" product has a 50 -year design life and the in-service product provides a full flow capacity equal to at least 100 percent of the original pipe's full flow capacity, provided the pipe has not collapsed to a level making capacity recapturing impossible. Our IVic.nufacturer -- Line. Products The 119,000 square foot Liner Products facility manufactures all inversion tubes, pulled -in-place tubes and calibration hoses for the Inliner«; process. - Since being acquired by Layne in 1999, Liner Products has manufactured ►i - !; i►,.: dry: over 30 million feet of polyester felt cured -in-place tubing. The centrally .-+l• located manufacturing facility ships liner tubes all across the country to a network of Inliner licensees as well as to a variety of other customers...:�9 The liner manufacturing group has been with Inliner:71' since the 1980s, was acquired by Layne in 1999 and subsequently' renamed Liner Products. Liner Products is an ISO 9001:2008 certified manufacturing facility that was modified specifically 4 for manufacturing CIPP tube products. This certification ensures quality tube manufacturing and design meeting or ``• . t exceeding all aspects of ASTM D5813, ASTM F1216, and ASTM F1743. Our Diversity Perhaps the strongest aspect that Layne Inliner brings to the table i� diversity in rehabilitation solutions. While we focus on our inliner' we are committed to full service system renewal. We have in house capabilities for complete Janssen lateral renewal, slip lining, excavat and replacement, full service manhole renewal with cementitious al epoxy products and a variety of other rehabilitation methods. We c complete our own cleaning, televising and bypassing operations. We have the capabilities to wetout in one of our controlled facilities or we can become mobile and successfully complete over -the -hole wetouts of our lining tubes. We are well versed in and understand the benefits and limitations of water, steam and ultraviolet light curing of CIPP liners. Our toolbox is full of products and techniques ensuring that we can meet the needs of our clients in an efficient and cost-effective manner. �yR� in/iner We have the experience and are prepared to utilize a wide variety of construction methodologies including: ■ Traditional design -bid -build • Design -propose -bid • Design -build or "Find -and -Fix" ■ Fast-track construction Al J _ •tip, ��./ s No matter what or how complex the rehabilitation project is, Layne Inliner has the solution in house or the external relationships in place to be able to deliver solutions. r 4J 's � Inliner Layne Inliner has successfully installed rnore than 17.6 million feet of CIPP. Below is a highlight of the CIPP installed by diameter. Layne Inliner has experience executing projects of nearly every size. Diameter/Siza Installed CIPP 4"- 14 13,710,800 15" 971,238 13,311 13' - 1 820,966 51,922 21' 213,241 1.5 -22, 7,863 658.632 - 9.844 27 76,804 28" - 31" 420.861 33" 45,916 36" 357,398 37" - 4' 31,739 42" 99,699 43" - 47" 1,909 130,316 49" 5-"' 2,480 54" 52,252 3511- 59" 10,436 50' 25,230 61' - 71" 15,319 72' 7,726 13' - 23' 1,437 84" 1,609 90, 943 24" x 36" 148 28'" x 48" 156 39" x 30" 1,266 45" x 36' 1,120 43" x 6t' 485 51"352 352 52" x 49" 1,501 5o"x SJ' 380 418 844 57" x 43 " 58" x 36' 60" x 40" 474 62" x 50" 695 66" x 53" 2,049 66" x 60" 536 78" x 68" 520 ('Lat�rte ,rezllner 5120 Selkirk Drive, Suite 140 1011 West Harry Birn riOam, AL 43252 Wichita, KS 67213 Phone: 205.408.5949 Phone: 316.269.1057 Colorado Office Maryland Office 7915 Cherrywood Loop 6303 Macaw Court Kiosre, CO 80117 Elkridge, MD 21075 Phone: 303.646.1200 Phone: 301.486.7570 Clearwater, Florida Office Maine Office 14413 62°8 Street North 195A Norrid,ewock Road Clearwater, FL 33760 Fairfield, ME 04937 Phone: 727.530.7577 Phone: 207.453.9900 Ft. Lauderdale, Florida Office North Carolina Office 1117 Northwest 55`t Street 1030 Goodrich Drive Ft. Lauderdale, FL 33309 Charlotte, NC 28273 Phone: 954.561.0942 Phone: 704.504.8464 Sanford, Florida Office Ohio Office 2531 Jewett Lane 4143 Weaver Court Sanford, FL 32771 Hilliard, OH 43026 Phone: 407.472.0014 Phone: 614.529.6440 Georgia Office Texas Office 2090 Tucker Industrial Road. Suite A-1 4701 Decker Drive Tucker, GA 30084 Baytown, TX 77520 Phone: 678.735.0033 Phone: 281.838.1500 Ind!, 4521 Orle Pho kLayR un/iner There are many variables that must fall into place to make any job a success. It is Layne`s belief that quality of the product and services offered not be jeopardized. ISO Layne is ISO 9001:2008 certified as a designer and installer of the Inliner'f. O 1 product. In addition our lining tube manufacturing facility 90 �l •11�It��i .�.1. is also ISO 9001:2008 This dual certification brings an QUALITY added element of quality control to the Inliner' product that begins the day the raw materials arrive and continues ASSURANCE on through final post televising. This quality standard and our commitment to detail holds our product and services to the highest standards in the industry. Our policy on all projects is `quality at work". If your product is not of the highest qua:ity you surely will not survive the test of time and we intend to be heavily involved in the rehabilitation industry for years to come. Layne is also committed tc fixing and repairing problems that may arise. Every contractor has construction issues requiring attention. We believe in, and stand behind our products and services and will rectify problems in the rare event it be required. Our Cost Control Layne is continuously striving to be a cost efficient, high quality provider of infrastructure renewal products and services. We have the mechanisms in place to help our clients control costs by providing quality services at reasonable, competitive costs. We are committed to providing reputable, dedicated personnel so that our projects will be completed on schedule and within budget and strive to make them exceed the expectations of our clients. We ensure that effective communication is employed and all parties involved are informed of project schedules and specifics. This minimizes administrative and management time and establishes "peace of mind" on projects as they occur. 5Lyn in/iner Layne has expertise, experience and resources available to respond to our client's renewal needs. We can self- perform or build a team to cover all aspects of rehabilitation and ancillary restoration in a timely and efficient manner. We feel we have much to offer and are committed to providing our clients with reliable, expert construction designed to provide the world's sewer systems with another lifetime of service. WHY LAYNE INLINER? ■ Customer -Oriented Experience — In-house, licensed design professionals — Skilled technical, operations and management personnel ■ Proven Renewal Technology: — More than 20 years of CIPP installation experience — More than 18 million feet of Inliner CIPP installed ■ Single -Source Accountability / Vertical Integration — We own the technology, manufacture AND install the product -- Diversity in offerings: The "RIGHT" technology not just "A" single solution ■ ISO 9001:2008 Certified -- Liner tube manufac:ti.:ring,; cic:sign AND installation ■ Innovative: Lead Today—Shapc.: Trornorrow OF Project Efficiencies Through Responsiveness and Cost -Effective Solutions Z Reliable Contracting with Globally Recognized Solutions Provider — Layne is more than just CIPP COMPANY NAME: I Layne Inliner LLC A-PPLICATION FOR PREQUALZFICATION BID MOH -14 B. l" t•oj ect No. 2 • r :•IS M•u.rr .• .. �,. �Inhlsl • r : r Project Owner: City Address: 38 Contact Person: Contact Person. Projeot IEngineon Citi Address: 387 Contact Person: Contact Person' Contract Bid Amount: $ Unit P 'c Final Contract Amount. S $00, 00 To Date Contract Completion Time: �,stablished Days: 3 years Aotti al Cornpletlon Days; 10131/2014 Contract Dates: Notice to Proceed: 10/21/2009 Final Completion Date:.1 /31/2014 Completed under the MES Permit for Storm 'Water Discharges from Construction Activities; _ x No Yes, indicate type of penrat held by your company: Primary Secondary Tertlan Permit #: sectlan A - Did this project include the ixotallation of 36 inch or less storm sewers? __X—Yos N0 _--J—# runs Slid dais project include the installation ofgraater than 36 inch storm sewers? __Yes Nom# runs Section D: Did this prolect include to installation of cured in place pipe linor (water and/or sieam cured) of storm sewers`l ,._c _Yes 'No 2700 LF _ 8 #Line Sections Aid Osis project Include perfatttting cured in place pipe linor installation with a final contract amount of at laest $100,0002--X--yes —No Section C: Did this project include the Installation of cured in place pipe ]leer (ultra violont cured)? X es — _No LF Section D. Did this project Include the installation of centrifugally oast pipe proj,4cts?_ x Yes No Section M Did this project include the Installation of slip liner projects? Yes --Y._ No Were you the primary couiraotor for this project? _x'_ Yes No %of work perfkmed 60010 Sf not; ante the priM_—Ly aar; cacicr:.. Describe the project in terms of degree of diffloulty, problems encountered, etc, Under this cnrtfr l wP hayP cmmplaPPri 4 r =txi tl I cast -p-3 lart �tS* _• . PQ7 COIVII?ANY NAME: ,Lam-, Inliner LLC APPLICATION FOR PR*EQIUALIFICATION DID #BLa38-14 C. Project No, 3 PrPjact Natno: Gwinnett Coztnt Annual Storrn Water Rehah Location: Gwinnett Counkv GA Project Owner: Gwinnett Count BOA; Address: 75 L Agl.�yDriva Lawrenoville GA ,30046 ContactPersan: Jlprm Water Dept _-- - Contact Person Telephone; -tt78) 409-64Q6 Project Engineer; _ Same as Above Address: Contact Person; Contaot Poison Telephone: Contraat Bid Amount; $ 5 Million Final ContractAntount: S 9 Million Contract Completion Time; Established Days: _ 3 years .A.otual Completion Days: 3 Contract Datas: Notice to Proceed: 4/06 Final Completion Date; 4/Q9 Completed under the NPDES Perruit for Storm Water Disoharges faorn Construction Activities: x No Yes, indicate type of pernslt held by your company: _ Primaxy _ Secondary !Tertiary Permit #: Sootion A: DId this project include the installation of 36 inch or less storm sewers? ___x„Yes No 3+ # runs Did this project include the installation of greater than 36 inch storm sewers? YesNom} # runs Section B. Did -this project include the installation of cured in place pipe liner (water and/or steam cured) of storm sewers? __y___,Yas —No 31s00 LF 10 4 Lime Stotions Did this pxoject include performing cured in place pipe livor installation with a #haul contract amount of at least $10(),000? x Yes NP Section C: Did this project include the installation of cured in place pipe liner (ultraviolont cured)? Yes x P (o LF Section ll: Did this project include the installation of coatrifttgally cast pipe projects?— Yes x No Section E: Did this project include the installation of slip liner projects? Yes x No Were you the primary oortuactor for this project? x Yes No % of work porforrned 70% If riot, state the,vrimary contractor: Dtacrlbe the project in terms of degree of difficulty, problems encountered, etc. PQ8 COMPANYNAM)Q1: APPLICATION FOR M9QUALIFICATION BID #BL038-1.4 D. Project No. 4 Project Name:_ 2010 CDBG I&I Se�yer and Stort li,;povements — Location: Pejham. GA _ project owner. City of Pelha Address; E$ Hand A• Contact Person; Citi Ii Coniact Parson Telephone: Project Engineer: Stevenson & Address; . 150f HiLy Contact Person: Brent ]BrerZt ] Contact Person Telephone: Contract Bid Amount: $ $294,000.00 Final Contract Amount: $ 8294,000.00 Contract Ccmpleticrn Time: Establisbed Days: 120 Actual Completion Days: 9f)_ Contract Dates; Notice to Proceed: 7/p,01 j Final Completion Date: 10/2011 Completed under the NPiDES permit for Storm Water Discharges Amen Construction Activities: x No —Yes, indiceto typo of permit hold by your cormpany; Primary Secondary _—Tertiary Permit #: Section A: Did this project include the installation of 36 bion or less storm sewers? _-x_Ycs No �1_4 runs Did this project include the installation of greater than 36 inch storm sewers?—Yes No ff runs Section; B: Did this project include the installation of cured In plaoe pipe Iiner (water and/or sto an cured) of stoirri sowers? Yes x No _ LF # Lille Sections Did this project include performing cured in place pipe liner Installation with a final contract amount of at least $100,0009 yes No Soetion C: Did this project include the installation of cured in place pipe liner (ultra violent cured)? Yes x No LF section D. Did this project include the Installation of centrMgally cast pipe projects?—Yds x No Section F. Did this pmjeot include the installation of slip Brier projects? Yes_ x No Were you the prirnaiy contractor for this project? x Yes No % of work performed 70% r; i,ot state tho prim=iry .Describe the project in terms of degree of difficulty, problems enuountored, oto, PQ9 COMPANYNAME, ap — Tilliner l,r,C APPLICATION VOR PAEQUALIEICATION BID #BL038.14 E, I'roj ect No, 5 ProjaotNamas Orange County Florida Storm Sewer Rehab Location: Orange County, ET, Project Owner; Orange County Florida Address: 40QE. South Street 2nd 'Plnnr, Qrlanrin T1 22802 Contact Parsoti:Scbmidt Contact Parson Telopholao:Q 836,5635 Project Si*iean Same as Above Address; Contact Person: Contaot Person Telephone; Contract Bid Amount: $ 10 Million FIaal Contract Amount: $ 56,86$,121.70 -- _ Contract Completion Time: Established Days: 11 Years A.otual CcmpletionDays: 11 Year, Contract Dates: Notice to Proceed: .01/15/00 ft2d Completion Bate: 1Q/16/2011 Completed under the NPDES Permit for Storm Water Discharges from Construction Activities: No Yes, Indicate type of permit hold by your company: Primary Secondary Tertiary Permit #: Section A: Did thisprojeot inoludo the installation of 36 inch or less storm sewers? 'Yes x No # runs Did this project include the installation of greater than 36 inch storm sewers? _;Yes x No # runs Section 13: Did this project include the installation of Gured in plaoe pipe liner (water and/or steam cured) of storm sewers? x Yes No Aja 00t,F 1000 # iirie Suctions Did this project include performing cured in place pipe liner installation with a final coutraot amount of at least $100,0007 x Yes No Section G: Did this project uiclude the installation of cured in place pipe linos (ultra violent cured)? Yes u _No LF Section D: Did this project Include the installation of centrifugally cast pipe projects?_, Yes x No Section U. Did this project include the installation, of slip liner projects? Ye's_ x No Were you the printitty contractor for this project? X Yes No % of work performed 80% if not, st ate 1lm nrilmiry, no ifeaAka; Describe the prrtjeot in terms of degree of dif 1culty, problems ericotintored, etc. PQ 10 COMPANY NAME: Layne Inliner LLC APPLICATION FOR PIRI QUALM XCATION 13ID #BL03844 F. Project No. 6 Project Name: 10" Brouse Avenue Sewar b in.g__.. Location. Indianapolis IN Projeot0%a0r: Cut tens _Rnerg)z Group Address: 2020 Ngrth Meridlah Street, Indianapolis, TN,69D7. contact limon: Roger Hanan Contact Person Telephotte: C1 171 49,9-'i9R5 Projaat Engineer: Saine As Above Address: Contact Person: Contact Person Telephone; _ Contract Bid Amount, S 229,439.00 Final Contract Amount: $ 9,7.9 410 Qn Contract Completion Tirriv Established hays: 45 .A.ctuaI Completion Days: 40 Contract Dates: Notice to Proceed: Feb. 13 Final Completion Date; Air, 13 Campieted under the NPDES Permit for Storm Water'Dischargss from Construction Activities: x No Yes, indicato type of permit held by yom company; PrImary Secondary _Tertiary Permit f#: Section A: Did this project include the installatioxi of 36 inch or lass storm sewers? _ Yes x No # Imna Did this project Include the installation of greater than 36 Inch storm sewers? _Yes x _NO�# runs Section 13: Did this project iaoludc the Installation of cured In place pipe liner (water and/or steam cured) of storm sewers? Yes x No LF # kine Sections Did this project include performing oured in place pipe liner Installation with a final contract atnount of at least $100',0007_•, _,Yes No Section C: Did this projeot include the installation of oured In place pipe ilrrot (ultra violent cured)? __x_Yes No 3,000 LF Section A: Did this projeot include the installation, of coWxifi:gally cast pipe projects?_ Yes x No Section Gr: Did this proj sot include the installation of slip liner projeots? ^ Yes x 110 Were you the primal-,/ contractor for this Project? 'Yes No % of work parformed 100 ilct. state.th�, Prim ny 0 ntractrr' �....._.... Describe the proimot In terms of degree of dlffloulty, problems encountered, etc. PQ 11 EXHIBIT "C" PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS THAT CONTRACTOR, hereinafter referred to as the "Principal"), and (as (as SURETY COMPANY, hereinafter referred to as the "CONTRACTOR'S SURETY'), are held and firmly bound unto the City of Milton, Georgia (as OWNER, hereinafter referred to as the "City'), for the use and benefit of any "Claimant, " as hereinafter defined, in the sum of Dollars ($ ), 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 20 which is incorporated herein by reference in its entiretv (hereinafter referred to as the "CONTR4CT'), for the construction ofa project known as (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; 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 �;. 711Pagc 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 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 Surety have hereunto affixed their corporate seals and caused this obligation to be signed by their duly authorized officers or attorneys -in fact, this day of 20 CONTRACTOR ("Principal") By: Title: Attest: (signature) [AFFIX CORPORATE SEAL] (print) Title: Date: /SIGNATURES CONTINUE ON FOLLOWING PAGE) (signature) (print) 721Pau'c Attest: (signature) (print) Title: Date: CONTRACTOR'S SURETY: BY: Title: (A TTA CH SURETY'S POWER OF ATTORNEY) (signature) (print) (SEAL) �',' 731Pa�-, PAYMENT BOND CITY OF MILTON, GEORGIA KNOW ALL MEN BY THESE PRESENTS THAT (as CONTRACTOR, hereinafter referred to as the "Principal'), and (as SURETY COMPANY, hereinafter referred to as the "CONTR4CTOR'S SURETY'), are held and firmly boundunto 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 sun: Of Dollars ($ ), latiifrd 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 entiretv (hereinafter referred to as the "CONTRACT'), for the construction of a project known as , (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 frill 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 fisrther expressly agree that any action on this Bond may be brought within the time allowed by 741Pa-e 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 20 Attest: Title: Date: Attest: Title: Date: CONTRACTOR: BY: Title: (signature) (printed) CONTRACTOR SURETY.• ME Title: (signature) (printed) (A TTA CHSURE TY'S P01VER OF ATTORNEY) (signature) (printed) (SEAL) (signature) (printed) (SEAL) STATE OF GEORGIA City of Milton EXHIBIT "D" NONCOLL USION AFFIDA VIT OF PRIME PROPOSER being first didy sworn, deposes and says that: (1) He is (Owner, Partner, Officer, Representative, or Agent) of XKKKKK)= (the "Proposer') that has submitted the attached Bid; (2) He is filly informed respecting their preparation and contents of the attached Bid and of all pertinent circumstances respecting such Bid; (3) Such Bid is genuine and is not a collusive ofsham Bid; (4) Neither the said Proposer nor arty of its officers, partners, owners, agents, representatives, employees, orparties in interest, including this affidavit, has in arty way colluded, conspired, connived, or agreed, directly or indirectly, with anv other Proposer, firm or person to submit a collusive or sham Bid in connection with the Contract for which the attached Bid has been submitted to or refrain front proposing in connection with such Contract, or has in arty collusion or communication or conference with arty other Proposer, firm orperson to fix the price or prices in the attached Bid or of any other Proposer, or to secure through any collusion, conspiracv, connivance or unlawfurl agreement any advantage against the City or any person interested in the proposed Contract; and, (S) The price or prices quoted in the attached Bid are fair an proper and are not tainted by any collusion, conspiracy, connivance, or unlawful agreement on the part of the Proposer or any of its agents, representatives, owners, employees, or parties in interest, including this affidavit. (6) Proposer has not directly or indirectly violated O.C. G.A. § 36-91-21(d). Signature ofAuthorized Officer or Agent Printed Name and Title of Authorized Officer or Agent SUBSCRIBED AND SWORN TO BEFORE ME THIS DAY OF , 20 Notary Public My Commission Expires Date (SEAL) 761Pa Te EXHIBIT "E" FINAL AFFIDAVIT TO CITY OF MILTON, GEORGIA I, hereby certify that all suppliers of materials, equipment and service, subcontractors, mechanics, and laborers emploved by UCVYXXX. or any of its subcontractors in connection with the construction of the KKX� for the City have been paid and satisfied in full as of 20 , and that there are no outstanding obligations or claims of anv kind for the payment of which the City on the above named project might be liable, or subject to, in any lawful proceeding at law or in equity. Signature Title Personally appeared before me this day of , 20 , who under oath deposes and says that he is of the firm of XYXX-YXYXX. that he has read the above statement and that to the best of his knowledge and belief same is an exact true statement. Notary Public [NOTARY SEAL] My Commission Expires 1, 'c 771Pa<?e EXHIBIT "F" STATE OF GEORGIA CITY OF MILTON CONTRACTOR AFFIDAVIT AND AGREEMENT By executing this affidavit, the undersigned contractor verifies its compliance with O.C. G.A. § 13-10-91, stating affirmatively that the individual, firm, or corporation which is engaged in the physical performance of services on behalf of the City has registered with, is authorized to use and uses the federal work authorization program commonly known as E -Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in 0.C.G.A. § 13-10-91. Furthermore, the undersigned contractor will continue to use the federal work authorization program throughout the contract period, and the undersigned contractor will contract for the physical performance of services in satisfaction of such contract only with subcontractors who present an affidavit to the contractor with the information required by O. C. G.A. § 13-10-91(b), a form of which is attached hereto as Exhibit "G ". Contractor hereby attests that its federal work authorization user identification number and date of authorization are as follows. Federal Work -Authorization User Identification Number Date ofAuthorization Name of Contractor Name of Project Name of Public Employer I hereby declare under penalty ofperjury that the foregoing is true and correct. Executed on , 201_ in (city), (state). Signature of Authorized Officer or Agent Printed Name and Title of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE DAY OF 201—. Notary Public [NOTARY SEAL] Niv Commission Expires: I: * 781Page EXHIBIT "G" STATE OF GEORGIA CITY OF MILTON SUBCONTRACTOR AFFIDAVIT 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 (name of contractor) on behalf of the City has registered with, is authorized to use and uses the federal work authorization program commonly known as E -Verify, or any subsequent replacement program, , in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91. Furthermore, the undersigned subcontractor will continue to use the federal work- authorization orkauthorization 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 business days of receipt. If the undersigned subcontractor receives notice that a sub - subcontractor has received all affidavit from anv other contracted sub -subcontractor, the undersigned subcontractor must forward, within five business days of receipt, a copy of the notice to the contractor. Subcontractor hereby attests that its federal work authorization user identification number and date of authorization are as follows: Federal Work Authorization User Identification Number Date of Authorization Name of Subcontractor Name of Project Name of Public Employer I hereby declare under penalty of perjury that the foregoing is true and correct. Executed on , 201 in (city), (state). Signature of Authorized Officer or Agent Printed Name and Title ofAuthorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE DAYOF 201 Notary Public [NOTARY SEAL] My Commission Expires: EXHIBIT "H" SAVE Affidavit By executing this affidavit under oath, and as an applicant for a city contract, a public benefit, as referenced in O.C.G.A. § 50-36-1, from the City of Milton, the undersigned applicant, acting on behalf of , verifies one of the following with respect to my application for a public benefit: 1) 1 am a United States citizen. 2) I am a legal permanent resident of the United States. 3) I am a qualified alien or non-immigrant under the Federal Immigration and Nationality Act with an alien number issued by the Department of Homeland Security or other federal immigration agency. My alien number issued by the Department of Homeland Security or other federal immigration agency is: The undersigned applicant also hereby verifies that he or she is 18 years of age or older- and has provided a copy of at least one secure and verifiable document to the City, as required by 0.CG.A. § 50-36-1(e)(1), with this affidavit. The secure and verifiable document provided with this affidavit can best be classified as: In making the above representation under oath, I understand that any person who knowingly and willfully makes a false, fictitious, or fraudulent statement or representation in an affidavit shall be guilty of a violation of 0.CG.A. § 16-10-20, and face criminal penalties as allowed by such criminal statute. Executed in SUBSCRIBED AND SWORN BEFORE 11 E ON THIS THE _ DAY OF 20 NOTARYPUBLIC My Commission Expires: (city), (state). Signature of Applicant Printed Name of Applicant �� i` 801f'a�e EXHIBIT "I" [RESER VED] EXHIBIT "J" KEY PERSONNEL [Insert Key Personnel/ END SAMPLE CONTRACT ;5 7' r 811Paye Addendum 14-PW8: Cure In Place Pipe Lining: Nix Road and Glencreek Way 1. It is the intent of this project to provide for the reconstruction of pipelines and conduits by the installation of a resin -impregnated flexible tube, which is tightly formed to the original conduit. The resin is cured using either hot water under hydrostatic pressure or steam pressure within the tube. The Cured -In -Place Pipe (CIPP) will be continuous and tight fitting. 2. There are 4 pipe sections where CIPP lining is required for this project; 1 on Nix Road and 4 on Glencreek Way in the City of Milton, GA. Required Specifications for CIIP materials and installation for this project are as follows: This specification references standards from the American Society for Testing and Materials: ASTM F1216 (Rehabilitation of Existing Pipelines and Conduits by the Inversion and Curing of a Resin -Impregnated Tube), ASTM F1743 (Rehabilitation of Existing Pipelines and Conduits by Pulled -in -Place Installation of Cured -in -Place Thermosetting Resin Pipe (CIPP)), ASTM D5813 (Cured -in -Place Thermosetting Resin Sewer Pipe), ASTM D790 (Test Methods for Flexural Properties of Un -reinforced and Reinforced Plastics and Electrical Insulating Materials), and D2990 (Tensile, Compressive, and Flexural Creep and Creep -Rupture of Plastics) which are made a part hereof by such reference and shall be the latest edition and revision thereof. 4. The work shall be completed within (90) calendar days from the "Notice to Proceed". 5. The contractor shall be able to demonstrate successful completion of at least 500,000 linear feet of CIIP over the past 10 years. The contractor shall also be able to demonstrate successful installation of at least 5 projects where a similarly sized (60 inches in diameter or greater) conduit was lined. Il,:*.' 82 1 P �� �r EXHIBIT "B" BID FROM CONTRACTOR JBIDDERS SITT-F.'I'S WITH 131D RESPONSE] Bid Submittal Forin Currd-h-lllace Pipe Lining Nix Roid aud Glericvvek NVay The as ltd, Err, re -;Ewes aad IL,!( it has.ILC S*,[-- of Lie ,k o -a and it'. ", to ull carni atica, t1 cair.ir,L to tar place w1wn, Elie,vork- is to be puXtruk, co:-.dizioru on coo or to wk cmd to Mau, Larch ir. acd sto,c nl lrriats and The bidder 'us cxmii.,%d ay.d read he J3,.dTrj=! Docwi-eti* std Lis sati.v.f.'ed himsWerM Mt t c M?din7, D&-Llll--Crlt -.;.471 unci wl,.:6 is nt(111`7,-.d tO be p rinz< azd Im at th a d w -A ari.e perlo-r. of t`:e wurk nccessnry. The 'bidL'a ft:.rt.h.-:- ceri 111t!., t'::1[ 11L, act aii-iori'll, ul%olup.,,sed b, y 111C Cost S50102 upol' v,,jtM:-- doemaw. MW is a[ -,y illf-m-ti"allor, plaGT.; kill bit;' Ot. c11f1 a t am go vmmdml Immm to vmd a Rucusu III howsur, tt d i:2 1;'ri-i-1,11:' P:jcly to hid Lic da!:. ,.11.d Time remit j. 2, Clis bie. fo-- !I,', [Cl Pmhm"E MA nwelary to th3 suoussfld wSpAcri colic ccavic-, atic sAmck"m Tdowd Ej t.)-, f"113 azid [he 1,:d f, - -*F, '.t) bc by f6r 1w fo.- t.,-- [:�Lal c:-)Til-..ct ;"I" TOGI We Bid Price (Lump Su un) S252 2-3 1.'K) Print DoRar Amount FL III'' At D Flat ED SIXTY OtIC E;(,"-, RS & ----------- - ------- AF3D UP— T,-A`vlE i 171.` --ErmvrmaMlw�,,,�: — EXHIBIT "C" BONDS CITY OF MILTON, GEORGIA BOND NO.: 106100319 ICNO'GW ALL MEN BY THESE PRESENTS THAT Layne Inliner, LLC (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 firmly bound unto the City of Milton, Georgia (as OV lrNER, hereinafter referred to as the "City"), for the use and benefit of any "Claimant," as hereinafter defined, in the sum of two hundred fifty two thousand two hundred sixty one dollars and ninety cents ($252,261.90) 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 Cured -In -Place Pipe Lining: Nix Road and Glencreek Way (hereinafter referred to as "the PROJECT"), NOW THEREFORE, the condition of this obligation is such that if the Principal shall promptly make payrnent 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 BOND NO.: 106100319 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 NNWREOF, 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 2014. Layne Inliner, LLC (Signatures Continued on Next Page) BOND NO.: 106100319 Attest: Title: , 0 rP Ta Date: (Name of Contractor's Surety) Travelers Casualty and Surety Company of America 0, —roltr— By: 14 1' A. Kantlehner, III Title: Attorney -in -Fact {SEAL} /I st: 4A eborah A. Ga D. Eklund Marsh U S A Date:3560 Lenox Road, NE Suite 2400 Atlanta, GA 30326 (ATTACH SURETY'S POWER OF ATTORNEY) OF ATTORN RED BORDER �A POWER OF ATTORNEY TRAVELERSJ 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. 227601 Certificate No. 005853843 KNOW ALL MEN BY THESE PRESENTS: That Farmington Casualty Company, 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 are corporations duly organized under the laws of the State of Connecticut, 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 Deborah A. Yates, Steven M. Garrett, William A. Kantlehner III, Thomas J. Mitchell, Jeffrey A. Brown, Diane L. Phelps, S. Annette Mullet, Roger A. Neal, Linda Kapfhammer, and Stuart P. Peterson of the City of Louisville , State of Kentucky , their true and lawful Attomey(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. Not limited to a specific dollar amount. IN WITNESS WHEREOF, the Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this day of April 2014 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 4th St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company \I.N.. NSG 1H Sliq '•. P,,IY 40V. TY y a v'=, o 5 Ci Gica4 n 4 9$� rC0PCOR4�.1s P4,: 1982 0 X977 FORMED - m f;m 3'W:�oa��AA>fi�= 'moi NARTFORD. < J'tNgTFOtfl,t �3 a c+rcr'- i r 1951 g �� CONN. n CONN• u, 9896 a 2 bby I.N �(� A� V F ...... L? d: �.. .: d b D 'r....✓'`lM1`' `Jd ,�{� State of Connecticut City of Hartford ss. By: Robert L. Raney, Kior Vice President On this the 4th day of April 2014 , 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 June, 2016. pl/BU�s 58440-8-12 Printed in U.S.A. WAA Marie C. Tetreault, Notary Public WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER PERFORMANCE BOND CITY OF MILTON, GEORGIA BOND NO.: 106100319 KNOW ALL MEN BY THESE PRESENTS THAT Layne Inliner, LLC (as Travelers Casualty and Surety CONTRACTOR, hereinafter referred to as the "Principal"), and 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 two hundred fifty two thousand two hundred sixty one dollars and ninety cents ($252,261.90), 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 , 2014 which is incorporated herein by reference in its entirety (hereinafter referred to as the "CONTRACT"), for the construction of a project known as Cured -In -Place Pipe Lining; Nix Road and. Glcncreek Way, (hereinafter referred to as "the PROJECT"). NOW THEREFORE, the conditions of this obligation are as follows: 3. 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 BOND NO.: 106100319 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; 4. 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 impaired in any manner by reason of any such modifications, omissions, additions, changes, and advance payments or M BOND NO.: 106100319 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 day of , 2014. 1 st• ^ t ra Yat s Date: Layne Inliner, LLC (Name of Contractor's Surety) Travelers Casualty and Surety Compflc}y/%f Ameri ca Kantlehner, III in -Fact A Gary D. Eklund Marsh U S A 3560 Lenox Road, NE Suite 2400 Atlanta, GA 30326 (ATTACH SURETY'S POWER. OF ATTORNEY) 91 SEAL) BOND NO: 106100319 92 OF ATTORNEY IS .AE POWER OF ATTORNEY TRAVELERSJ 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. 227601 Certificate No. 005853842 KNOW ALL MEN BY THESE PRESENTS: That Farmington Casualty Company, 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 are corporations duly organized under the laws of the State of Connecticut, 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 Deborah A. Yates, Steven M. Garrett, William A. Kantlehner III, Thomas J. Mitchell, Jeffrey A. Brown, Diane L. Phelps, S. Annette Mullet, Roger A. Neal, Linda Kapfhammer, and Stuart P. Peterson of the City of Louisville , State of Kentucky , their true and lawful Attomey(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 writin_s 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. Not limited to a specific dollar amount. IN WITNESS WHEREOF, the Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this 4th day of April 2014 State of Connecticut City of Hartford ss. 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 �z ,•y�:��.e �e.°+9m�<;:€ .1111E C,101 0i - 6w Py HrA�cR1oTV FNAONlRy.oD�, 9 ` ��F/ip�4aCv9oT�'wFn`rWCq�.Wtr.,i n�o�°i�ac9oT�8Y9 a�6 prto� < a�! � d;••... `:oaf > a e; X9+.1 •�S� �� By: Aza� Robert L. Raney,enior Vice President On this the 4th day of April 2014 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. G• 1 r In Witness Whereof, I hereunto set my hand and official seal.*fl My Commission expires the 30th day of June, 2016. 58440-8-12 Printed in U.S.A. OF ATTORNEY IS INVALID WITHOUT THE Marie C. Tetreault, Notary Public BOND NO.: 106100319 CITY OF MILTON, GEORGIA KNOW ALL MEN BY THESE PRESENTS THAT Layne Inllner, LLC (as CONTRACTOR, hereinafter referred to as the "Principal' located at 2090 Tucker Industrial Travelers Casualty and Surety Road, Suite A-1, Tucker, GA 30084, and 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 the City for maintenance of Improvements as described below in the sum of two hundred fifty two thousand two hundred sixty one dollars and ninety cents ($252,261.90), 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 "Agreement"), for the construction of certain Improvements as contemplated by that Project for Cured -in -Place Pipe Lining; Nix Road and Glencreek Way (hereinafter referred to as the "Project"); and WHEREAS, said Project is to be approved by the City of Milton, under the terms that a maintenance bond is required of said Principal and good and sufficient surety payable to the City, and conditioned that the Principal shall, for a period of two (2) years beginning on maintain all improvements ("Improvements") involved in said Project in accordance with all applicable federal and state laws, with the Agreement, and with all applicable City regulations, including but not limited to the Code of Ordinances for the City of 93 BOND NO.: 106100319 Milton, Georgia, in force as of the date of said approval. NOW TIIER.EFORE, the conditions of this obligation are as follows: 1. That if the Principal shall maintain the Improvements as described above; 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 costs of maintenance of Improvements, 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 described herein, then this obligation shall be void; otherwise to remain in full force and effect; 2. In the event of a failure of performance by the Principal; 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; 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 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 WI3EREOF, 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 , 20 [SIGMATURES ON THE FOLLOWING PAGE] 94 BOND NO.: 106100319 Attest: By: IPA, A Name, Title: Cre�0., �1 Date: Lap By: Nana (SEAL) (Naive of Con)tactor's Surety) c' Attest: By: Name, lltle: Deborah rn _ s, Attoey-in-Fact Date: (ATTACH SURETY'S POWER OF ATT NEY) j 14 Gary D. Eklund Marsh U S A 3560 Lenox Road, NE Suite 2400 Atlanta, GA 30326 Tr Casu and Surety Company of America By: � Na1ne, 1 lliam A. Kantelhner, III, Attorney -in -Fact (SEAL) 95 POWER OF � POWER OF ATTORNEY TRAVELERSJ 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. 227601 Certificate No. 005853841 KNOW ALL MEN BY THESE PRESENTS: That Farmington Casualty Company, 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 are corporations duly organized under the laws of the State of Connecticut, 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 Deborah A. Yates, Steven M. Garrett, William A. Kantlehner III, Thomas J. Mitchell, Jeffrey A. Brown, Diane L. Phelps, S. Annette Mullet, Roger A. Neal, Linda Kaptliammer, and Stuart P. Peterson of the City of Louisville , State of Kentucky , their true and lawful Attomey(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. Not limited to a specific dollar amount. IN WITNESS WHEREOF, the Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this 4th day of April 2014 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 GPSUq( �$,�,p'��y VFIRE $ \�N ANG •''� q'q P,IIA pw..w �' y0�'0� a� Ci" e9� G c i'A, QC. ..... .59 �P;...........v4�•.' "� NU SG .W¢SUBdry� F�O�StYNy�C tis �� f� M a P. «ORPORAjf�y P�! PPORq 1 9 8 2 0 �ORPDNAIEDrf'•�„ = a HARTFORD. < �• t6tRrFOPO,' �i °�Dn n Sa 1977 1951,, �>;SEALo1 !�SEAL3 CONN. g 3 caw. /e o lass y `c+ a oti�r •-... :: t f s • :' D > r g\ l�F ��< s N ltd v >' • L _ o.••...........a Oa 'h• "••.•" .•1 1 . A d A �S �A State of Connecticut City of Hartford ss. By: Robert L. Raney, enior Vice President On this the 4th day of April 2014 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. ' G•*fl� My Commission expires the 30th day of June, 2016. p(�11G * Marie C. Tetreault, Notary Public Com$ 58440-8-12 Printed in U.S.A. WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER TRAVELERS.11 ' July 22nd, 2014 City of Milton 13000 Deerfield Pkwy Suite 107G Milton, GA 30004 RE: LAYNE INLINER, LLC PROJECT: CIPP NIX ROAD AND GLENCREEK WAY BID NO. 14 -PWS BOND NO.: 106100319 To Whom It May Concern: Bond & Financial Products 7465 W. 132°' Street Overland Park, KS Phone: (913)402-5436 Fax: (913)402-5457 This letter will serve to confirm that as the surety representative of the Travelers Casualty and Surety Company of America, the surety company listed on the above referenced Performance, Payment and Maintenance bonds, it is acceptable to the surety for a representative of either the City of Milton or engineer to date the bonds and corresponding powers of attorney. At the time the bonds were issued, it had been determined a contract date had not been issued; therefore, if there is not a contract date, it is standard industry practice not to date the bonds and corresponding powers of attorney prior to the contract date. If you have any questions or concerns relating to this matter, feel free to contact our office at the address/telephone number listed below. TRAVELERS CASUALTY AND SURETY ZCOPANY OF AMERICA William A. Kantlehner, III, Authorized Surety Representative C/o Garrett-Stotz Company 1601 Alliant Avenue Louisville, KY 40299-6338 PH: (502)415-7000 FAX: (502)415-7002 WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER POWER OF ATTORNEY TRAVELERSJ 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. 2227601005853840Certificate No. KNOW ALL MEN BY THESE PRESENTS: That Farmington Casualty Company. 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 are corporations duly organized under the laws of the State of Connecticut, 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 Deborah A. Yates, Steven M. Garrett, William A. Kantlehner III, Thomas J. Mitchell, Jeffrey A. Brown, Diane L. Phelps, S. Annette Mullet, Roger A. Neal, Linda Kapthammer, and Stuart P. Peterson of the City of Louisville , State of Kentucky , 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. Not limited to a specific dollar amount. IN WITNESS WHEREOF. the Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this day of April 2014 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 4th St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company �NsTYA s"�nNer JF1......URq•..E JPt NpSyy�� ^O5 eo (', � 6 YfCORFORAtED � Ta � COR POR��f'�mt aW`�GpRPOHAl yC+t = G �.� � h�\OYY• HARTFORD K 3'f YASrr'OFCI,'+BD = 5 .N. C[Y:M . Y in 1896 -r F'y �N a!� t� � SU E G a• y :........ 'J'� r � �d�; dD \s .-­Z ..•r� State of Connecticut City of Hartford ss. By: Robert L. Raney, enior Vice President On this the 4th day of April 2014 , 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. et* In Witness Whereof, I hereunto set my hand and official seal.2,t My Commission expires the 30th day of June, 2016, 58440-8-12 Printed in U.S.A. WARNING: THIS POWER OF ATTORNEY INVALID WITHOUT THE RED Marie C. Tetreault. Notary Public CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDD/YYYY) 3/1/2014 L 7/23/2014 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Lockton Companies 444 W. 47th Street, Suite 900 Kansas City MO 64112-1906 (816) 960-9000 CONTACT NAME: PHONE No, Ext A/c, No ADDRESS: INSURERS AFFORDING COVERAGE NAIC # LIMITS INSURER A: Zurich American Insurance COm anv 16535 INSURER B: INSURED LAYNE INLINER, LLC 426 2090 TUCKER INDUSTRIAL RD., STE. A-1 INSURER C : TUCKER, GA 30084 INSURER D: 5/1/2013 INSURER E: EACH OCCURRENCE S 2,000,000 INSURER F: CLAIMS -MADE OCCUR r[CV101UN NUIYIt$MK: AAAAAAX 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 LTR TYPE OF INSURANCE ADD L INSD SUBR WVD POLICY NUMBER POLICY EFF MM/DD/YYYY POLICY EXP MMIDD/YYYY LIMITS A X COMMERCIAL GENERALLIABILITY Yr Y GLO5817438-00 5/1/2013 8/1/2014 EACH OCCURRENCE S 2,000,000 CLAIMS -MADE OCCUR DAMAGE TO RENTED PREMISES Ea occurrence s 500,000 X CONTRACTUAL MED EXP (Any oneperson) S 10,000 X X.C.IUCOVERAGE PERSONAL &ADV INJURY S 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE S 5,000,000 }{ POLICY❑ JECT LOC PRODUCTS - COMP/OP AGG S 5,000,000 OTHER S A AUTOMOBILE LIABILITY Y Y BAP 58174.337-00 7/1/2013 8/1/2014 Ee aoadeDtSINGLE LIMIT 5 5,000,000 X ANY AUTO BODILY INJURY (Per person) S XXXXXXX ALL OWNED SCHEDULED AUTOS AUTOS BODILY INJURY (Per accident S XXXXXXX HIRED AUTOS NON -OWNED AUTOS PROPERTY DAMAGE (Per accident) S XXXXXXX $XXXXXXX UMBRELLA LIABH OCCUR EACH OCCURRENCE S XXXXX} x EXCESS LIAB CLAIMS -MADE NOT APPLICABLE AGGREGATE S XXXXxxx DED I I RETENTIONS S A A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN Y WC 5317439-00 (AOS) 3/1/3013 8/1/2014 X STATUTE I OTH- A ANYPROPRIETOR/PARTNERIEXECUTIVE OPFICER/MEMBER EXCLUDED? N N/A WC 5817440-00 (WI) STOPGAP(ND,OH,WA,WY) 5/1/2013 5/1%2015 8/1/2014 5/1/2014 E.L. EACH ACCIDENT $ 5,000,000 (Mandatory in NH( If yes, describe under E.L. DISEASE - EA EMPLOYEE S 5,000,000 DESCRIPTION OF OPERATIONS below E . DISEASE - POLICY LIMIT 5,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, may be attached if more space is required) RE: CIPP AT NIX ROAD AND GLENCREEK WAY, BID 414 -PWS — MILTON, GEORGIA; THE CITY OF MILTON, ITS OFFICIALS, EMPLOYEES, AGENTS AND VOLUNTEERS ARE INCLUDED AS ADDITIONAL INSUREDS AS RESPECTS GENERAL LIABILITY AND AUTOMOBILE LIABILITY ON A PRIMARY NON-CONTRIBUTORY BASIS IF REQUIRED BY SIGNED, WRITTEN CONTRACT. A WAIVER OF SUBROGATION APPLIES IF REQUIRED BY SIGNED, WRITTEN CONTRACT AND WHERE ALLOWED BY LAW. r'=0r1CtrAre unr 13040267 CITY OF MILTON 13000 DEERFIELD PKWY, SUITE 107G MILTON GA 30004 ACORD 25 (2014/01) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. I he AGORD name and logo are registered marks of ACORD TION. All rights reserved A� Ro CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDD[rM) 8/1/2014 7/23/2014 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Lockton Companies 444 W. 47th Street, Suite 900 NAME: Kansas City MO 64112-1906 arc. No, Ext : A/C, No): 816 960-9000 E-MAIL ADDRESS: INSURED LAYNE INLINER, LLC INSURER A : STEADFAST INSURANCE >052 2090 TUCKER INDUSTRIAL ROAD, SUITE A-1 INSURER B: TUCKER GA 30084 INSURER C THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE ED NAMED ABOVE FOR E POLICY INSURHPERIOD 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, R TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP INSD WVD POLICY NUMBER MM/DD1YYYY MM/DDIYYYY LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE S XXXrx'X}�X ::p CLAIMS -MADE OCCUR NOT APPLICABLE DAMAGE TO RENTED PREMISES Ea occurrence S XXXXXXX GEN'L AGGREGATE LIMIT APPLIES PER: LICY❑ JRO- PRO- ElLOC 1O0PITHER AUTOMOBILE LIABILITY ANY AUTO AUTOS NED AUTOS R SCHEDULED HIRED AUTOS NON -OWNED AUTOS UMBRELLA LIAB OCCUR EXCESS LIAB CLAIMS DED RETENTION S ANY PROPRIETOR/PARTNERiEXECUTIVE OFFICERIMEMBER EXCLUDED? (Mandatory in NH) If Yes, describe under DESCRIPTION OF OPERATIONS below A PROFESSIONAL LIABILITY YIN ❑ NIA NOT APPLICABLE NOT APPLICABLE NOT APPLICABLE N IN I PEC 7968651-15 MED EXP (Any one person) S PERSONAL & ADV INJURY S GENERAL AGGREGATE S PRODUCTS - COMP/OP AGG S S COMBINED SINGLE LIMIT Ea accident S BODILY INJURY (Per person) S BODILY INJURY (Per accident $ PROPERTY DAMAGE S 1Per accident S EACH OCCURRENCE S b,GGREGATE s 5 STATUTE OTH- :.L. EACH ACCIDENT c 5/1/2013 18/1/2014 S1.000,000 EACH OCC.: S1,000,000 AGGREGATE. DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, may be attached if more space is required) RE: CIPP AT NIX ROAD AND GLENCREEK WAY, BID m14-PW8 — MILTON, GEORGIA. TE HOL SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 13040268 AUTHORIZED REPRESENTATIVE CITY OF MILTON 13000 DEERFIELD PKWY, SUITE 107G MILTON GA 30004 ACORD 25 (2014/01)Aq �_ r -2014 AC D ORPORATION. All rights reserved The ACORD name and logo are registered marks of ACORD No Text EXHIBIT "D" NONCOLLUSION AFFIDAVIT OF PRIME PROPOSER STATE OF GEORGIA CITY OF MILTON Carl C. Smith , being first duly sworn, deposes and says that: (1) He is Branch Manager (Owner, Partner, Officer, Representative, or Agent) of Layne Inliner, LLC (the "Proposer") that has submitted the attached Proposal; (2) He is fully infonned respecting their preparation and contents of the attached Proposal and of all pertinent circumstances respecting such Proposal; (3) Such Proposal is genuine and is not a collusive of sham Proposal; (4) Neither the said Proposer nor any of its officers, partners, owners, agents, representatives, employees, or parties in interest, including this affidavit, has in any way colluded, conspired, connived, or agreed, directly or indirectly, with any other Proposer, firm or person to submit a collusive or sham Proposal in connection with the Contract for which the attached Proposal has been submitted to or refrain from proposing in connection with such Contract, or has in any collusion or communication or conference with any other Proposer, firm or person to fix the price or prices in the attached Proposal or of any other Proposer, or to secure through any collusion, conspiracy, connivance or unlawful agreement any advantage against the City or any person interested in the proposed Contract; and, (5) The price or prices quoted in the attached Proposal are fair an proper and are not tainted by any collusion, conspiracy, connivance, or unlawful agreement on the part of the Proposer or any of its agents, representatives, owners, employees, or parties in interest, including this affidavit. Al Proposer has ot%directly or indirectly violated 0.C.G.A. § 36-91-21(d). Signature of Authorized Officer or Agent Carl C. Smith . Branch Manager Printed Name and Title of Authorized Officer or Agent SUBSCRIBF�D ND SWO TO BEFORE iVIE. TI -1 19-V AY OF , 20� ;i Notary Public My Commission Expires Date 96 (SEAL) EXHIBIT "E" CONTRACTOR AFFIDAVIT AND AGREEMENT STATE OF GEORGIA CITY OF MILTON By executing this affidavit, the undersigned contractor verifies its compliance with O.C.G.A. § 13-10-91, stating affirmatively that the individual, firm, or corporat`.on which is engaged in the physical performance of services on behalf of the City of Milton has registered with, is authorized to use and uses the federal work authorization program commonly known as E -Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91. Furthermore, the undersigned contractor will continue to use the federal work authorization program throughout the contract period and the undersigned contractor will contract for the physical performance of services in satisfaction of such contract only with subcontractors who present an affidavit to the contractor with the information required by O.C.G.A. § 13-10-9l(b). Contractor hereby attests that its federal work authorization user identification number and date of authorization are as follows: 47111 1 hereby declare under penalty of pedu y that the eVerify Number foregoing is true and correct. Exec . 4 on July ��, 301_ in Tucke(city), July 1, 2007 state). Date of Authorization Lame Inliner, LLC Signature of Authorized Officer or Agent Name of Contractor Carl C. Smith, Branch Manager Cured -In -Place Pipe Lining: Printed Name and Title of Authorized Officer or Nix Road and Glencreelc Way Agent Name of Project City of Milton._. SUBSCRIBED AIJD SWORN BEFORE ME ON Name of Public Employer THIS T rd DAjY OF 'J u 201 _ _ c��-- N ARY PUBLIC_ [NOTARY SEAL] My Commission Expires: 97 HOME OF' M I t:tON* ESTABLISHED 2046 CITY COUNCIL AGENDA ITEM TO: City Council DATE: .duly 28, 2014 FROM: City Manager AGENDA ITEM: Approval of a Professional Services Agreement between the City of Milton and Tunnell, Spangler & Associates, Inc. for the Purpose of Providing Professional Planning Services for the Arnold Mill Corridor and Route 9 North Study Areas MEETING DATE: Monday, August 4, 2014 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: PPPROVEDr, () NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: YES ONO CITY ATTORNEY REVIEW REQUIRED: YES ONO APPROVAL BY CITY ATTORNEY { APPROVED () NOT APPROVED PLACED ON AGENDA FOR: REMARKS 0 tb0 q 14 4%4 10 You GM a ., ,r PHONE: 678.242.25001 FAX: 678.242.2499 Green l*s� livni , opiou info@cityofmilionga.us I www.6tyofmiltonga.us N„I LDH FI Community iIJ�,, 11-1 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 To: Honorable Mayor and City Council Members From: Kathleen Field, Director of Community Development Date: Submitted on July 18, 2014 for the August 4, 2014 Regular Council Meeting Agenda Item: Approval of a Professional Services Agreement between the City of Milton and Tunnell, Spangler & Associates, Inc. for the Purpose of Providing Professional Planning Services for the Arnold Mill Corridor and Route 9 North Study Areas ____________________________________________________________________________ Department Recommendation: Approval. Executive Summary: Upon completion and approval of the recent Arnold Mill and Rt. 9 North Visioning Plans, it has been determined that a form-based overlay zone should be developed for the purpose of implementing these Plans. The firm of Tunnell, Spangler & Associates, Inc., regional experts in form-based zoning ordinances, has the required expertise to provide the professional services needed for such a task. The work to be completed under this Agreement (the “Work”) is referenced in the Contract as “Exhibit A”. Key tasks to be completed under this contract include: undertake issue identification and analysis; develop for community review and input, a draft Code and Regulating Plan; and, subsequent to review and comment, provide a final Draft SmartCode and Regulating Plan. Funding and Fiscal Impact: Not to exceed $27,000. Alternatives: None. Legal Review: Ken Jarrard – Jarrard & Davis (July 22, 2014) Concurrent Review: Chris Lagerbloom Attachment(s): Contract HOME OF 'THEE BEST QUALITY OF LIFE IN GEORGIA' MILTIONIt ESTARLISII ED 2W6 PROFESSIONAL SERVICES AGREEMENT Arnold Mill Road and SR 9 North Form -Based Code Overlay Zone This Agreement trade and entered into this day of , in the year 2014, by and between The City of Milton, Georgia (sometimes referred to herein as the "City"), having its principle place of business at 13000 Deerfield Parkway Suite 107-G, Milton GA 30004 and Tunnell, Spangler & Associates, Inc. ("Consultant") having its principle place of business at 1389 Peachtree Street, NE. Suite 200, Atlanta, GA 30309. WHEREAS, the City of Milton will require certain professional public works services beginning on July 28, 2014; and WHEREAS, the City's Purchasing Policy authorizes the procurement of professional services contracts of $30,000.00 or less; and WHEREAS, the City has determined that this Agreement constitutes such professional services; NOW THEREFORE, in consideration of the mutual covenant and promises contained herein, the parties agree as follows: 1.0 Scope of Work; Compensation 1.1 The Consultant agrees to provide all Services specified in Exhibit "A", attached hereto and incorporated herein by reference. No payments will be made for unauthorized work. Invoices should be submitted to Rick Pearce, 13000 Deerfield Parkway, Milton GA 30004, for approval. Payment will be sent to the designated address by U. S. Mail only; payment will not be hand -delivered. 1.2 City agrees to pay Consultant for the services performed and costs incurred by Consultant upon the City's certification that the services were actually performed and costs actually incurred in accordance with this Agreement. Compensation for services performed and, if applicable, reimbursement for costs incurred shall be paid to Consultant upon the City's receipt and approval of an invoice, submitted upon completion of the Work, setting forth in detail the services performed and costs incurred. Invoices shall reflect charges incurred versus charges budgeted. The total amount paid under this Agreement for the Work shall not, in any case, exceed a lump sum fee of $27,000 (the "Contract Price") for the following tasks without prior written approval from the City. Task 1- Issue Identification Task 2- Draft Code and Regulating Plan Task 3- Milton Approval Process 1.3 Consultant shall take no calculated risk in the performance of the Work. Specifically, Consultant agrees that in the event it cannot perform the Work within the budgetary limitations established without disregarding sound principles of Consultant's industry, Consultant will give written notice thereof immediately to the City. 1.4 The City reserves the right to order changes in the Work to be performed under this Agreement by altering, adding to, or deducting from the Work. All such changes shall be incorporated in written change orders executed by the Consultant and the City. Such change orders shall specify the changes ordered and any necessary adjustment of compensation and completion time. If the Parties cannot reach an agreement on the terms for performing the changed work within a reasonable time to avoid delay or other unfavorable impacts as determined by the City in its sole discretion, the City shall have the right to determine reasonable terms and the Consultant shall proceed with the changed work. 1.5 Any work added to the scope of this Agreement by a change order shall be executed under all the applicable conditions of this Agreement. No claim for additional compensation or extension of time shall be recognized, unless contained in a written change order duly executed on behalf of the City and the Consultant. 1.6 The City Manager has authority to execute without further action of the Milton City Council, any number of change orders so long as their total effect does not materially alter the terms of this Agreement or materially increase the total amount to be paid under this Agreement. Any such change orders materially altering the terms of this Agreement or increasing the total amount to be paid under this Agreement in excess of $10,000, must be approved by resolution of the Milton City Council. 2.0 Independent Contractor 2.1. The Consultant is an independent Contractor. The Consultant is not an employee, agent or representative of the City of Milton. The Consultant shall obtain and maintain, at the Consultant's expense, all permits, license or approvals that may be necessary for the performance of the services. 2.2 Inasmuch as the City of Milton and the Consultant are entities independent of one another, neither has the authority to bind the other to any third person or otherwise to act in any way as the representative of the other, unless otherwise expressly agreed to in writing signed by both parities hereto. The Consultant agrees not to represent itself as the City's agent for any purpose to any party or to allow any employee of the Consultant to do so, unless specifically authorized, in advance and in writing, to do so, and then only for the limited purpose stated in such authorization. The Consultant shall assume full liability for any contracts or agreements the Consultant enters into on behalf of the City of Milton without the express knowledge and prior written consent of the City. 3.0 Indemnification The Consultant covenants and agrees to take and assume all responsibility for the services rendered in connection with this Agreement. The Consultant shall bear all losses and damages directly or indirectly resulting to it on account of the performance or character of the services rendered pursuant to this Agreement. Consultant shall defend, indemnify and hold harmless the City, its officers, boards, commissions, elected and appointed officials, employees and agents from and against any and all claims, suits, actions, liability, judgments, damages, losses, and expenses, including but not limited to, attorney's fees, which may be the result of willful, negligent or tortuous conduct arising out of the Work, performance of contracted services, or operations by the Consultant, any sub -consultant, anyone directly or indirectly employed by the Consultant or sub -consultant or anyone for whose acts the Consultant or sub -consultant 2 may be liable, regardless of whether or not the offending act is caused in part by a parry indemnified hereunder. Such obligation shall not be construed to negate, abridge, or otherwise reduce any other right or obligation of indemnity which would otherwise exist as to any party or person described in this provision. In any and all claims against the City or any of its agents or employees, by any employee of the Consultant, any sub -consultant, anyone directly or indirectly employed by the Consultant or sub -consultant or anyone for whose acts the Consultant or sub -consultant may be liable, the indemnification obligation set forth in this provision shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the Consultant or any sub -consultant under workers' or workmen's compensation acts, disability benefit acts or other employee benefit acts. This obligation to indemnify and defend the City, its members, officers, agents, employees and volunteers shall survive termination of this Agreement. 4.0 Insurance (1) Requirements: The Consultant shall have and maintain in full force and effect for the duration of this Agreement, insurance insuring against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Work by the Consultant, its agents, representatives, employees or sub -consultants. All policies shall be subject to approval by the City Attorney to form and content. These requirements are subject to amendment or waiver if so approved in writing by the City Manager. (2) Minimum Limits of Insurance: Consultant shall maintain limits no less than: (a) Comprehensive General Liability of $1,000,000 combined single limit per occurrence for bodily and personal injury, sickness, disease or death, injury to or destruction of property, including loss of use resulting there from. (b) Comprehensive Automobile Liability (owned, non -owned, hired) of $1,000,000 combined single limit per occurrence for bodily and personal injury, sickness, disease or death, injury to or destruction of property, including loss of use resulting there from. (c) Professional Liability of $1,000,000 limit for claims arising out of professional services caused by the Consultant's errors, omissions, or negligent acts. (d) Workers' Compensation limits as required by the State of Georgia and employers Liability limits of $1,000,000 per accident. (3) Deductibles and Self -Insured Retentions: Any deductibles or self-insured retentions must be declared to and approved by the City. (4) Other Insurance Provisions: 3 The policy is to contain, or be endorsed to contain, the following provisions: (a) General Liability and Automobile Liability Coverage. (i) The City, its officials, employees, agents and volunteers are to be covered as insured as respects: liability arising out of activities performed by or on behalf of the Consultant; products and completed operations of the Consultant; premises owned, leased, or used by the Consultant; automobiles owned, leased, hired, or borrowed by the Consultant. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officials, employees, agents or volunteers. (ii) The Consultant's insurance coverage shall be primary noncontributing insurance as respects to any other insurance or self-insurance available to the City, its officials, employees, agents or volunteers. Any insurance or self- insurance maintained by the City, its officials, employees or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. (iii) Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its officials, employees, agents or volunteers. (iv) Coverage shall state that the Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (v) Coverage shall be provided on a "pay on behalf' basis, with defense costs payable in addition to policy limits. There shall be no cross liability exclusion. (vi) The insurer agrees to waive all rights of subrogation against the City, its officials, employees, agents and volunteers for losses arising from work performed by the Consultant for the City. (vii) All endorsements to policies shall be executed by an authorized representative of the insurer. (b) Workers' Compensation Coverage. The insurer will agree to waive all rights of subrogation against the City, its officials, employees, agents and volunteers for losses arising from work performed by the Consultant for the City. (c) All Coverages. (i) Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled, reduced in coverage or in limits except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. 4 (ii) Policies shall have concurrent starting and ending dates. (iii) Policies shall include an endorsement incorporating the Indemnification obligations assumed by the Contractor under the terms of this Agreement, including but not limited to Section 4 of this Agreement. (5) Acceptability of Insurers: Insurance is to be placed with insurers with an A.M. Bests' rating of no less than AXII. (6) Verification of Coverage: Consultant shall furnish the City with certificates of insurance and endorsements to the policies evidencing coverage required by this clause prior to the start of work. The certificates of insurance and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificate of insurance and endorsements shall be on a form utilized by Consultant's insurer in its normal course of business and shall be received and approved by the City prior to execution of this Agreement by the City. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. The Consultant shall provide proof that any expiring coverage has been renewed or replaced at least two (2) weeks prior to the expiration of the coverage. (7) Sub -consultants: Consultant shall include all sub -consultants as insured under its policies or shall furnish separate certificates and endorsements for each sub -consultant. All coverage for sub - consultants shall be subject to all of the requirements stated in this Agreement, including but not limited to naming the parties as additional insured. (8) Claims -Made Policies: Consultant shall extend any claims -made insurance policy for at least six (6) years after termination or final payment under the Agreement, whichever is later. (9) City as Additional Insured and Loss Pam The City shall be named as an additional insured and loss payee on all policies required by this Agreement. 5.0 Term; Termination The term of this Agreement shall be from July 28, 2014 and shall terminate absolutely and without further obligation on the part of the City on December 31, 2014, provided that this Agreement, absent written notice of non -renewal provided by the City to Consultant at least thirty (3 0) days prior to December 31, 2014, shall automatically renew on January 1, 2015 to November 1, 2015. The City may terminate this Agreement upon a breach of any provision of this Agreement by Consultant and Consultant's subsequent failure to cure such breach within fifteen (15) days of receipt from the City of a written notice of the 5 breach. Title to any supplies, materials, equipment, or other personal property shall remain in the Consultant until fully paid by the City. 6.0 Compliance with All Laws and Licenses The Consultant must obtain all necessary licenses and comply with local, state and federal requirements. The Consultant shall comply with all laws, rules and regulations of any governmental entity pertaining to its performance under this Agreement. 7.0 Assignment The Consultant shall not assign or subcontract the whole or any part of this Agreement without the City of Milton's prior written consent. 8.0 Amendments in Writing No amendments to this Agreement shall be effective unless it is in writing and signed by duly authorized representatives of the parties. 9.0 Expertise of Consultant Consultant accepts the relationship of trust and confidence established between it and the City, recognizing that the City's intention and purpose in entering into this Agreement is to engage an entity with the requisite capacity, experience, and professional skill and judgment to provide the services in pursuit of the timely and competent completion of the Work undertaken by Consultant under this Agreement. 10.0 Governing Law This Agreement shall be governed in all respects by the laws of the State of Georgia. 11.0 Interpretation of Documents In the event of a conflict in language between this Agreement and any exhibit to this Agreement, the provisions most favorable to the City shall govern. 12.0 Entire Agreement This Agreement constitutes the entire Agreement between the parties with respect to the subject matter contained herein; all prior agreements, representations, statements, negotiations, and undertakings are suspended hereby. Neither party has relied on any representation, promise, nor inducement not contained herein. 13.0 Waiver of Agreement The City's failure to enforce any provision of this Agreement or the waiver in a particular instance shall not be construed as a general waiver of any future breach or default. 14.0 Sovereign Immunity 2 Nothing contained in this Agreement shall be construed to be a waiver of the City's sovereign immunity or any individual's qualified good faith or official immunities. 15.0 Notices All other notices, writings or correspondence as required by this Agreement shall be in writing and shall be deemed received, and shall be effective, when: (1) personally delivered, or (2) on the third day after the postmark date when mailed by certified mail, postage prepaid, return receipt requested, or (3) upon actual delivery when sent via national overnight commercial carrier to the Parties at the addresses given below, unless a substitute address shall first be furnished to the other Parties by written notice in accordance herewith: NOTICE TO THE CITY shall be sent to: City Manager City of Milton 13000 Deerfield Parkway, Suite 107F Milton, Georgia 30004 NOTICE TO THE CONSULTANT shall be sent to: Caleb Racicot, AICP Tunnell, Spangler & Associates, Inc. 1389 Peachtree Street, Suite 200 Atlanta, GA 30309 16.0 No Personal Liability No member, official or employee of the City shall be personally liable to the Consultant or any successor in interest in the event of any default or breach by the City or for any amount which may become due to the Consultant or successor or on any obligation under the terms of this Agreement. Likewise, Consultant's performance of services under this Agreement shall not subject Consultant's individual employees, officers or directors to any personal liability. The Parties agree that their sole and exclusive remedy, claim, demand or suit shall be directed and/or asserted only against Consultant or the City, respectively, and not against any employee, officer, director, or elected or appointed official. 17.0 Employment of Unauthorized Aliens Prohibited (1) E -Verify Affidavit It is the policy of the City of Milton that unauthorized aliens shall not be employed to perform work on City contracts involving the physical performance of services. Therefore, the City shall not enter into a contract for the physical performance of services within the State of Georgia unless: (1) the Contractor shall provide evidence on City -provided forms, attached hereto as Exhibits "B" and "C" (affidavits regarding compliance with the E -Verify program to be sworn under oath under criminal penalty of false swearing pursuant to O.C.G.A. § 16-10-71), that it and Contractor's subcontractors have conducted a verification, under the federal Employment Eligibility Verification ("EEV" or "E -Verify") program, of the social security numbers, or other identifying information now or hereafter accepted by the E -Verify program, of all 7 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 "B", and submitted such affidavit to City or provided the City with evidence that it is not required to provide such an affidavit because it is licensed and in good standing as noted in subsection (2) above. Further, Contractor hereby agrees to comply with the requirements of the federal Immigration Reform and Control Act of 1986 (IRCA), P.L. 99-603, O.C.G.A. § 13-10-91 and Rule 300-10-1-.02. In the event the Contractor employs or contracts with any subcontractor(s) in connection with the covered contract, the Contractor agrees to secure from such subcontractor(s) attestation of the subcontractor's compliance with O.C.G.A. § 13-10-91 and Rule 300-10-1-.02 by the subcontractor's execution of the subcontractor affidavit, the form of which is attached hereto as Exhibit "C", which subcontractor affidavit shall become part of the contractor/subcontractor agreement, or evidence that the subcontractor is not required to provide such an affidavit because it is licensed and in good standing as noted in subsection (2) above. If a subcontractor affidavit is obtained, Contractor agrees to provide a completed copy to the City within five (5) business days of receipt from any subcontractor. Where Contractor is required to provide an affidavit pursuant to O.C.G.A. § 13-10-91, the City Manager or his/her designee shall be authorized to conduct an inspection of the Contractor's and Contractor's subcontractors' verification process at any time to determine that the verification was correct and complete. The Contractor and Contractor's subcontractors shall retain all documents and records of their respective verification process for a period of three (3) years following completion of the contract. Further, where Contractor is required to provide an affidavit pursuant to O.C.G.A. § 13-10-91, the City Manager or his/her designee shall further be authorized to conduct periodic inspections to ensure that no City Contractor or Contractor's subcontractors employ unauthorized aliens on City contracts. By entering into a contract with the City, the Contractor and Contractor's subcontractors agree to cooperate with any such investigation by making their records and personnel available upon reasonable notice for inspection and questioning. Where a Contractor or Contractor's subcontractors are found to have employed an unauthorized alien, the City Manager or his/her designee may report same to the Department of Homeland Security. The Contractor's failure to cooperate with the investigation may be sanctioned by termination of the contract, and the Contractor shall be liable for all damages and delays occasioned by the City thereby. Contractor agrees that the employee -number category designated below is applicable to the Contractor. [Information only required if a contractor affidavit is required pursuant to O.C.G.A. § 13-10- 91.1 500 or more employees. 100 or more employees. X Fewer than 100 employees. Contractor hereby agrees that, in the event Contractor employs or contracts with any subcontractor(s) in connection with this Agreement and where the subcontractor is required to provide an 8 affidavit pursuant to O.C.G.A. § 13-10-91, the Contractor will secure from the subcontractor(s) such subcontractor(s') indication of the above employee -number category that is applicable to the subcontractor. The above requirements shall be in addition to the requirements of State and federal law, and shall be construed to be in conformity with those laws. 18.0 Nondiscrimination In accordance with Title VI of the Civil Rights Act, as amended, 42 U.S.C. § 2000d, section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6102, section 202 of the 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 18.0 in every subcontract for services contemplated under this Agreement. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed by their duly authorized officers as of the day and year set forth next to each signature. [SIGNATURES ON THE FOLLOWING PAGE] 0 TUNNELL, SPANGLER & ASSOCIATES, INC. William T. Tunnell, President [AFFIX CORPORATE SEAL] SIGNED, SEALED, AND DELIVERED In the presence of: Attest: Jerry W. Spangler, Secretary Print Name Notary Public [NOTARY SEAL] My Commission Expires: MILTON CITY COUNCIL: Joe Lockwood, Mayor [CITY SEAL] SIGNED SEALED AND DELIVERED in the presence of: Witness Notary Public [NOTARY SEAL] My Commission Expires: 10 EXHIBIT "B" STATE OF GEORGIA CITY OF MILTON CONTRACTOR AFFIDAVIT AND AGREEMENT By executing this affidavit, the undersigned contractor verifies its compliance with O.C.G.A. § 13-10-91, stating affirmatively that the individual, firm, or corporation which is engaged in the physical performance of services on behalf of the City of Milton has registered with, is authorized to use and uses the federal work authorization program commonly known as E -Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91. Furthermore, the undersigned contractor will continue to use the federal work authorization program throughout the contract period and the undersigned contractor will contract for the physical performance of services in satisfaction of such contract only with subcontractors who present an affidavit to the contractor with the information required by O.C.G.A. § 13-10-91(b). Contractor hereby attests that its federal work authorization user identification number and date of authorization are as follows: Federal Work Authorization User Identification Number Date of Authorization Name of Contractor Name of Project Name of Public Employer I hereby declare under penalty of perjury that the foregoing is true and correct. Executed on _, 201_ in (city), (state). Signature of Authorized Officer or Agent Printed Name and Title of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE DAY OF ,201 . NOTARY PUBLIC [NOTARY SEAL] My Commission Expires: EXHIBIT "C" STATE OF GEORGIA CITY OF MILTON SUBCONTRACTOR AFFIDAVIT 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 Tunnell, Spangler & Associates, Inc. on behalf of the City of Milton has registered with, is authorized to use and uses the federal work authorization program commonly known as E -Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10- 91. Furthermore, the undersigned subcontractor will continue to use the federal work authorization program throughout the contract period, and the undersigned subcontractor will contract for the physical performance of services in satisfaction of such contract only with sub -subcontractors who present an affidavit to the subcontractor with the information required by O.C.G.A. § 13-10-91(b). Additionally, the undersigned subcontractor will forward notice of the receipt of an affidavit from a sub -subcontractor to the contractor within five (5) business days of receipt. If the undersigned subcontractor receives notice that a sub -subcontractor has received an affidavit from any other contracted sub -subcontractor, the undersigned subcontractor must forward, within five (5) business days of receipt, a copy of the notice to the contractor. Subcontractor hereby attests that its federal work authorization user identification number and date of authorization are as follows: Federal Work Authorization User Identification Number Date of Authorization Name of Subcontractor Name of Project Name of Public Employer I hereby declare under penalty of perjury that the foregoing is true and correct. Executed on 201_ in (city), (state). 12 Signature of Authorized Officer or Agent Printed Name and Title of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE DAY OF ,201_. NOTARY PUBLIC [NOTARY SEAL] My Commission Expires: Exhibit "A" CE Y-. aw F,M1 LA TO - 4 -.. ARNOLD MILL ROAD AND STATE ROUTE 9 NORTH FORM -BASED CODES PROPOSAL 1389 Peachtree Street NE, Suite 200 Atlanta, GA 30309 Contact: Caleb Racicot Phone: 404.873.6730 x131 cracicot@tsw-design.com www.tsw-design.com July 10, 2014 July 10, 2014 Submitted to: CITY OF MILTON Submitted by: TSW FORM -BASED CODES PROPOSAL OVERVIEW TSW is pleased to submit our proposal for preparing two form -based codes for the Arnold Mill Road and State Route 9 North areas of the City of Milton as shown in Attachment 1 and 2. TSW is a full service planning, architecture, and landscape architecture firm specializing in customized design solutions that improve the quality of life in the communities we serve. Our planning studio focuses on area plans, policy studies, out- reach, and form -based coding. TSW believes that our form -based coding experience makes us uniquely qualified to assist the City of Milton in moving the vision for Arnold Mill Road and State Route 9 North towards reality. Caleb Racicot, proposed Project Manager for this effort, has prepared nearly a dozen form -based codes across the region, including several locally -calibrated Smart - Codes. This puts us in a unique position to assist the City in crafting a workable code that meets local needs. APPROACH The following process is proposed for preparing a locally -calibrated SmartCode for the Arnold Mill Road and State Route 9 North areas. Task One: Issue Identification Two months This task will review recent planning efforts and existing regulations in the Arnold Mill Road and State Route 9 North areas, and solicit stake- holder feedback on them. This shall serve as the basis for the draft codes and regulating plans identified in Task Two. 1. Initial Team Meeting- Meet with City staff to review the effort and finalize the approach. 2. Existing Statutory Review - Gather and review existing regulations, policies, covenants, and projects in the areas. The purpose of this shall be to identify elements that could be included in the proposed codes, such as new streets, multi -use trails, open spaces, and sim- ilar features. 3. Desired Form Analysis -Review the Arnold Mill Road Visioning Study and the State Route 9 North Vision Plan and quantify the metrics within them. This shall include defining potential locally -calibrated transect zones, densities, heights, and other elements. 1 July 10, 2014 Task 7 Uraft de and Regulating Plan Two months FORM -BASED CODES PROPOSAL During this task, TSW will convert the vision of Task One and the Draft Code Elements of Task Two into a two draft ordinances (one per area) with supporting maps. 4. Draft Code V.O - Prepare two locally -calibrated SmartCodes. In addition to standard elements, such as zones, building heights, setbacks, use, etc., the codes shall also incorporate the following: i. Transfer of Development Rights (TDR). ii. Architectural standards. iii. Code translation sheets of proposed transect zones and districts showing their relationship to ex- isting zoning. S. Draft Regulating Plan V.0 -Prepare two Regulating Plans showing the districts and any location -specific requirements. These may include thoroughfare locations, greenway trails, density sub-areas/T-Zones, public spaces, pedestrian ways, TDR Sending and Receiving areas, and other geographically -specific elements. 6. Revise Codes and Regulating Plans - Following City review and comment, prepare Draft Codes V.1 and Regulating Plans V.1. 7. Public Information Meetings - Present the Draft Code V.1 and Draft Regulating Plan V.1 at two public information meetings (one per area). Solicit feedback from the public and other stakeholders. S. Revise Codes and Regulating Plans - Following the Public Information Meetings, prepare Draft Codes V.2 and Regulating Plans V.2. Tack Three: Milton Approval Process One to two months During this task, TSW will work with the City of Milton to finalize the codes. At a minimum this will include: 9. Planning Commission Work Sessions - Present the Draft Codes V.2 and Regulating Plan V.2 for review and comment at two separate work sessions. 10. Revise Codes and Regulating Plans - Prepare Draft Codes V.3 and Regulating Plan V.3. 11. Council Work Sessions - Present Draft Codes V.3 and Regulating Plans V.3 for review and comment at two separate work sessions. Make any changes requested in V.4 for official adoption. 12. Additional Code and Regulating Plan Revisions - Make additional changes to Draft Codes and Regu- lating Plans as requested by City of Milton staff during the official adoption process. 13. Other Form -Based Code Revisions - Work with City staff to make minor revisions to the existing Cra- bapple and Deerfield form -based codes. Incorporate revised common text into the Arnold Mill Road and State Route 9 North area form -based codes. Submitted to: CITY OF MILTON 2 Submitted by: TSW July 10, 2014 DRAWING BY JAMES WASSE Submitted to: CITY OF MILTON Submitted by: TSW FORM -BASED CODES PROPOSAL 14. Additional Meetings - Attend additional meetings or prepare ad- ditional presentations beyond those noted herein, as requested by the City of Milton Deliverables As part of this TSW shall provide the following: • Draft SmartCodes V.0 -V.4 for each area (digitally; printed copies shall be provided by the City of Milton) • Draft Regulating Plans V.0 -V.4 for each area (digitally; one poster -size printed copy, printed copies shall be provided by the City of Milton) • Final Draft SmartCode and Regulating Plan for each area (digitally, and with the type and number of printed copies identified for drafts above) • PowerPoint Presentations (digitally) ASSUMPTIONS TSW's performance of the items above is dependant upon the following: • TSW assumes that the current visions of the Arnold Mill Road Vision- ing Study and the State Route 9 North Vision Plan will be maintained. • TSW will use a locally -calibrated SmartCode for the coding effort. • The City of Milton will arrange and advertise meetings, including space reservation and refreshments. • TSW shall have access to GIS data provided by the City of Milton. • Other consultants or legal counsel shall be retained by the City of Milton. FEES & TERMS Fees for work outlined are as follows: • Sub -Tasks 1 through 13 will be billed hourly not exceed twenty sev- en thousand dollars and zero cents ($27,000.00). • Sub Task 14 will be billed hourly. Fees will be invoiced according to the schedule in Attachment 3. REIMBURSABLE EXPENSES The fees above include all expenses. July 10, 2014 Attachment 1 FORM -BASED CODES PROPOSAL Arnold PAP Rd- CW;- P" CoaracW At" Munn Plow" �� lUpupipll� Submitted to: CITY OF MILTON Submitted by: TSW 4 July 10, 2014 Attachment 2 FORM -BASED CODES PROPOSAL Submitted to: CITY OF MILTON $ Submitted by: TSW c Crookod G°o^Crack�cti. dF°nra... Way Five Acre*o[h [Je c Estates ; �'aauYr• G Nar.10*d Rd 7 .0w x i u n 0o gc? reserveKannwifa ' �pe°QT re o`k �y oi4 �rc'A + ArchQa7• C[� fo A. O�ydMA1r• a, Gal[.en Or ti re Farm. WAYLake 4. v Laurel s e 0 o f Onkstone 3 p r' 3 ucu�a• c, Glan p� So" 2. Wyndham BelleMead! 9a+f.�.rr• Pr 3 Farms Bellaterre c ! C•eaf rams C[ p.nnrraya �i Msolo camblidge High SChnW m LCI Area Alpharetta y' Bethany Creek Submitted to: CITY OF MILTON $ Submitted by: TSW July 10, 2014 Attachment 3 FORM -BASED CODES PROPOSAL 1389 Peachtree street, NE 2014 HOURLY FEE SCHEDULE Suite 200 All fees will be invoiced monthly, according to the hourly fee schedule Atlanta, GA 30309 then in effect. Our current fee schedule is as follows: Phone: 404.873.6730 Fax: 404.874.6471 Principals www.tsw-design.com William T. Tunnell $175/hour Principals: Jerry W. Spangler $175/hour William Tunnell Thomas H. Walsh $175/hour Jerry Spangler Thomas Walsh Caleb P. Racicot $125/hour Caleb Racicot Adam H. Williamson $120/hour Adam Williamson Associates: Planning & Landscape Architecture Bryan Bays Bryan Bays $120/hour Rebekah Calvert Ben Woodrow Giles Woody Giles $100/hour Heather Hubble David Lintott $90/hour David Lintott Jia Li $90/hour Rebekah Calvert $90/hour Garrett Hyer $85/hour Sarah McColley $80/hour Peyton Peterson $80/hour Laura Richter $75/hour Ryan Snodgrass $75/hour Architecture Heather Hubble $90/hour Lionel Johnson $75/hour Colin Hadaway $75/hour John Hand $70/hour Graphics Cindy R. Cox $1 10/hour Submitted to: CITY OF MILTON 6 Submitted by: TSW EXHIBIT B STATE OF GEORGIA CITY OF MILTON CONTRACTOR AFFIDAVIT AND AGREEMENT By executing this affidavit, the undersigned contractor verifies its compliance with O.C.G.A. § 13-10-91, stating affirmatively that the individual, firm, or corporation which is contracting with the City of Milton has registered with and is participating in a federal work authorization program, in accordance with the applicability provisions and deadlines established in O.C.G.A. 13-10-91. The undersigned contractor also verifies that it will continue to use the federal work authorization program throughout the contract period, The undersigned further agrees that, should it employ or contract with any subcontractor(s) in. connection with the physical performance of services pursuant to this contract with the City of Milton, contractor will secure from such subcontractor(s) similar verification of compliance with O.C.G.A. § 13-10-91. Contractor further agrees to maintain records of such compliance and provide a copy of each such verification to the City of Milton at the time the subcontractor(s) is retained to perform such service. The contractor hereby attests that its federal work authorization user identification number and date of authorization are as follows: 208896 Federal Work Authorization User Identification Number April 2009 Date of Authorization Tunnell-Spangler-Walsh & Associates (TSW) Name of Contractor Arnold Mill Road and State Route 9 North Form -Based Codes Name of Project I hereby declare under penalty of perjury that the foregoing is true and correct. Executed on Ju ly 90 2094 Banta cit ), Georgia (state). Signature of Authorized Officer or Agent Caleb Racicot Senior Principal Printed Name and Title of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE T6 DAY OF , 201. I NOTARY PU IC [NOTARY SEAL Nly 06 rnnissi Expires ELIZABETH W. WAL.SH NOTARY PUBLle Felton County State of Georgla My Comm. Expires Janu4ry 7, 2018 EXHIBIT C ,aco�zra CERTIFICATE OF LIABILITY INSURANCEDATE(MWDD/YYYY) TYPE OF INSURANCE ADDL INSR 07/01/ 0 1 4 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Risk Management Department Aon Risk Services Northeast, Inc. New York NY Office 199 Water Street PHONE FAX (A/C, No, Ext): 865 443-8489 A1C, No): 800 889-0021 AIL ADDRESS: work.cDmpgDtrineLcorn DAMAGE TO RENTED New York, NY 10038-3551 INSURERJSI AFFORDING COVERAGE NAIC # INSURED INSURER A: Commerce 8 Industry Ins Co 19410 TriNet HR Corporation and all its affiliates and subsidiaries` INSURER B: Illinois National Ins Co 23817 Tunnell, Spangler & Assoc. Inc (Endorsed as alternate employer) COMMERCIAL GENERAL LIABILITY INSURER C: Ins Co State of Penn 19429 9000 Town Center Parkway INSURER D: Nat'l Union Fire Ins Co 19445 Bradenton, FL 34202 INSURER E: New Hampshire Ins Co 23841 PREMISES (Eaoocurrenw) INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED AUOVL FUR I HE PULKt Y PERIOD INDICATED. NOTWITHSTANDING ANY REOUIREMENT, 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. Limits shown are as requested INSR LTR TYPE OF INSURANCE ADDL INSR SUBR WVD POLICY NUMBER POLICY EFF (MMIDDIYYYY) POLICY EXP (MMIDD(YYYY) LIMITS GENERAL LIABILITY EACH OCCURRENCE DAMAGE TO RENTED COMMERCIAL GENERAL LIABILITY PREMISES (Eaoocurrenw) CLAIMS -MADE CCUR ED EXP (Any one perwn) ERSONAL 8 ADV INJURY GENERAL AGGREGATE GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS -COMPIOP AGG POLICY= PROJECT =LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMST Each accident ANY AUTO BODILY INJURY (Per person) ALL OWNED SCHEDULED BODILY INJURY(Per AUTOS AUTOSaccident) PROPERTY DAMAGE (Per ccident HIREDAUTOS NON -OWNED AUTOS UMBRELLA LIABOCCUR ACH OCCURRENCE EXCESS LIAR H CLAIMS -MADE RETENTION$ LGREGATEQED EWORKERS E COMPENSATION AND EMPLOYERS' LIABILITY Y1 N ANY PROPRIETORIPARTNERIEXECUTIVE ❑ OFRCERIMEMBER EXCLUDED? (Mandatory in INH).L.DISEASE- NIA X 060324240 CO 060324205 GA 07-01-2014 07-01-2014 07-01-2015TU- 07-01-2015 i MIT$ OTH- Eft L.L. LACH ACCIDENT $2,Of10,n0(� EA EMPLOYEE $2,000,000 If yes. describe under DESCRIPTION OF OPERATIONS below L. DISEASE- POLICY LIMIT $2'000'000 See attached Waiver of Subrogation in favor of the certificate hdder �. ESCRIPTION OF OPERATIONS 1 LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more space is required): 97R81 DHI TriNet HR II, Inc. and TriNet HR V, Inc. <eia:�1171F1�>fI�:C11w� h,1►C"a4W_\IL110 City of Milton, Georgia Attn: Kathleen Field 13000 Deerfield Pkwy Ste 107F Milton, GA 30004-5025 ti�inn�rlrll��I���rI�[III�II`urll)�'u��rllrr�nf ri SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE rw IVI-V-0 wW.. ea tzeiwenl 1ne A(;VRo name and logo are registered marks of ACORD 71998-2G10 ACORD CORPORATION. All right. reserved. WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 00 03 13 (Ed. 4-84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule City of Milton, Georgia Attn: Kathleen Field 13000 Deerfield Pkwy Ste 107F Milton, GA 30004-5026 TriNet Client Number_ 97R81 DHI Client Name: Tunnell, Spangler & Assoc. Inc This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective See Accompanying Certificate Policy No. Endorsement No. Insured TriNet, HR Corp. See Accompanying Certificate Premium and all affiliates & subsidiaries Insurance Company See Accompanying Certificate WC 00 03 13 (Ed. 4-84) F00191-9788 0 1983 National Council on Compensation Insurance. Countersigned by _ a'" I►a HOME OF' MILTON-% ESTAM-l[SHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: July 28, 2014 FROM: City Manager AGENDA ITEM: Approval of Subdivision Plats. MEETING DATE: Monday, August 4, 2014 Regular City Council Meeting BACKGROUND INFORMATION. (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: APPROVED () NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: (} YES 0 NO CITY ATTORNEY REVIEW REQUIRED: () YES KNO APPROVAL BY CITY ATTORNEY () APPROVED () NOT APPROVED PLACED ON AGENDA FOR: b Q 1 REMARKS ©� Your ------_- PHONE: 678.242.25001 FAX: 678.242.2499 UB Green .v info@cltyofmiltonga.us I www.cityofmlltonga.us WILDUFr Community 73000 Deerfield Parkway, Suite 107 1 Milton GA 30004 To: Honorable Mayor and City Council Members From: Kathy Field, Community Development Director Date: Submitted on July 21, 2014 for the August 4, 2014 Regular Council Meeting Agenda Item: Approval of Subdivision Plats ____________________________________________________________________________ Department Recommendation: To approve the subdivision related plats and revisions as stated below. Executive Summary: The Milton Subdivision Regulations require that the Mayor and City Council approve all Final Plats, final Plat Re-recording, Revisions and Minor Plats once the matter has been reviewed and certified by the Community Development Director in accordance with the Subdivision Regulations. Name of Development Action Comments Blue Valley Phase I Revision 1. Add lot 98 2. Correct area of 2.59 acre common area Heritage at Crabapple Revision 1. Correct side setback on west line of lot 49 2. Revise lot lines of lots 45 &46 to create an additional common area 3. Adjust private D.E. across lots 45,46 and common area Two Fields Farm Minor Subdivision Plat Create two lots Deerfield Green Phase IV Final Plat Create 81 lots Cochran Place Minor Subdivision Plat Create two lots Hayfield Subdivision Extension (Phase II) Final plat Create 21 lots Plat Revision Staff Memo Funding and Fiscal Impact: None Alternatives: Do not approve Legal Review: None – not required. Concurrent Review: Chris Lagerbloom, City Manager Attachment(s): None op HOME OF ' FSTABI ISFIF. D 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: July 30, 2014 FROM: City Manager AGENDA ITEM: Approval of a Settlement on the Consent Final Order and Judgment of the Condemnation of 0.277 Acres of Right of Way, 0.119 acres of Temporary Construction Easement and 0.030 Acres of Temporary Driveway Easement at Parcel 4 on Hopewell Road from Robert R. Grisel, Mortgage Electronic Registration Systems, Inc., Branch Banking and Trust Company and Arthur E. Ferdinand as Fulton County Tax Commissioner in the Amount of $25,000. MEETING DATE: Monday, August 4, 2014 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additionl pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: �JAPPROVED O NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED:) YES {) NO CITY ATTORNEY REVIEW REQUIRED: it YES () NO APPROVAL BY CITY ATTORNEY fiPPROVED' ) OT APPROVED PLACED ON AGENDA FOR: REMARKS ®0 YOU( PHONE: 678.242.2500 j FAX: 678.242.2499 Green" - V *U r fled * Tap tuU Community tnfoCcityofmittonga.us www.cityofmiltonga.us "^'T�"; inns t %-0, �rl~ 13000 Deerfield Porkway, 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 July 30, 2014 for the August 4, 2014 Regular Council Meeting Agenda Item: Approval of a Settlement on the Consent Final Order and Judgment of the Condemnation of 0.277 Acres of Right of Way, 0.119 acres of Temporary Construction Easement and 0.030 Acres of Temporary Driveway Easement at Parcel 4 on Hopewell Road from Robert R. Grisel, Mortgage Electronic Registration Systems, Inc., Branch Banking and Trust Company and Arthur E. Ferdinand as Fulton County Tax Commissioner in the Amount of $25,000. ____________________________________________________________________________ Department Recommendation: Approval. Executive Summary: On September 27, 2013, the City filed a Petition and Declaration of Taking for Parcel #4 of the intersection improvements at the intersection of Hopewell, Cogburn and Francis Roads. Settlement was entered in the amount of $25,000 as just and adequate compensation in this case. Funding and Fiscal Impact: $12,250 has been paid to the court at the time of the filing of the condemnation action and the remaining $12,750 will need to be transferred from the general fund to cover the remaining costs of the acquisition. Alternatives: There are no alternatives to this project. Legal Review: Jarrard & Davis, LLP – Chris Hamilton, 7/29/2014 Concurrent Review: Chris Lagerbloom, City Manager Attachment(s): Consent Final Order and Judgment IN THE SUPERIOR COURT OF FULTON COUNTY STATE OF GEORGIA CITY OF MILTON, GEORGIA : : Condemnor, : : : vs. : Civil Action :: : File No. 2013CV-237064 : 0.277 acres of land in fee simple; 0.119 Acres of : Temporary Easement for the construction of : slopes; and 0.006 Acres of Temporary Easement : for the construction of driveway; and 0.024 Acres : of Temporary Easement for the construction of : driveway and Robert R. Grisel; Mortgage Electronic : Registration Systems, Inc.; Branch Banking and : Trust Company; and Arthur E. Ferdinand, in his : official capacity as Fulton County Tax Commissioner : : Condemnees. : CONSENT FINAL ORDER AND JUDGMENT WHEREAS, on September 27, 2013, Plaintiff/Condemnor City of Milton, Georgia (“Condemnor”) filed a Petition and Declaration of Taking in Civil Action File No. 2013CV- 237064 (the “Petition”) in reference to certain property which is more particularly described in Appendix B to Exhibit A of the Petition (the “Property”) and incorporated herein by reference; WHEREAS, the sum of Twelve Thousand Two Hundred and Fifty and 00/100 Dollars ($12,250.00) was paid into the Registry of this Court by Condemnor on said date, the date of taking, as estimated total just and adequate compensation for the taking of the interests of the Condemnees in the Property; CONSENT FINAL ORDER AND JUDGMENT CIVIL ACTION FILE NO.: 2013CV-237064 Page 2 of 6 WHEREAS, all parties required by law to be served in this action have been served; WHEREAS, Condemnees Robert B. Grisel (“Grisel”) and Mortgage Electronic Registration Systems, Inc. (“MERS”) timely filed notices of appeal of just and adequate compensation, WHEREAS, Condemnee Branch Banking and Trust Company (“BB&T”) filed an Answer and Affirmative Defenses, a Notice of Claim of Interest, and Notice of Appeal in Response to Condemnor’s Petition, WHEREAS, Condemnee BB&T subsequently filed a Notice of Disclaimer of Interest in Funds and Notice of Withdrawal of Appeal of Sufficiency of Amounts Paid by Condemnor into the Registry of the Court but therein reserved any and all other rights, privileges, and defenses which may belong or be available to BB&T in connection with the above-styled action. WHEREAS, Condemnees Grisel and MERS desire to withdraw their respective appeals and accept, for purposes of settlement and compromise, one single sum of $25,000.00 to be distributed between the two parties according to the terms of the security agreement between the parties as set forth in the Security Deed, Deed Book 38467, Page 294, Fulton County Superior Court Clerk’s Real Estate Records. WHEREAS, the City of Milton is prepared to tender $12,750.00 into the registry of the Court which added to the amount initially deposited into the registry of the Court at the time the Petition was filed equals $25,000.00 CONSENT FINAL ORDER AND JUDGMENT CIVIL ACTION FILE NO.: 2013CV-237064 Page 3 of 6 WHEREAS, Condemnee BB&T does not object to any of the foregoing recitals, seeks no further recompense in this case, and agrees that by payment of said sums to Condemnees Grisel and MERS, any and all other rights, privileges, and defenses which may belong or be available to BB&T in connection with the above-styled action are fully released; NOW, THEREFORE, IT IS HEREBY ORDERED AND ADJUDGED that judgment be entered in the amount of $25,000.00 as just and adequate compensation in this case. The City of Milton will expeditiously tender the remaining $12,750.00 into the Registry of the Court. IT IS FURTHER ORDERED AND ADJUDGED that upon entry of this Consent Final Order and Judgment and upon receipt of the $12,750.00 from the City of Milton, the Clerk is ordered to immediately pay the full sum of $25,000.00 to “Baker, Donelson, Bearman, Caldwell & Berkowitz, P.C. in trust for Mortgage Electronic Registration Systems, Inc.” and subject to the terms of the aforementioned Security Deed between MERS and Grisel. IT IS FURTHER ORDERED that, upon payment of said sum to the Condemnees found to be entitled thereto, the Clerk of this Court be, and is hereby DIRECTED to mark the judgment satisfied and to move this case to the closed docket, said sum representing total just and adequate compensation due for the Condemned Property and rights acquired from the Condemnees as well as any and all damage sustained by the Condemnees because of the subject condemnation; CONSENT FINAL ORDER AND JUDGMENT CIVIL ACTION FILE NO.: 2013CV-237064 Page 4 of 6 IT IS FURTHER ORDERED that all appeals and claims previously filed in this action by all Condemnees are hereby dismissed with prejudice and with all costs of this action taxed against the Condemnor; and IT IS FURTHER ORDERED that all issues in this case, including but not limited to those of just and adequate compensation, the amount and description of the property taken, consequential damages, attorney fees, litigation expenses, equitable rights and any further damages sought or which could have been sought in this action by Condemnees are concluded and Condemnees shall have no further claim against Condemnor with respect to this action. SO ORDERED this ______ day of __________, 2014 ________________________________ HONORABLE KELLY A. LEE Judge, Superior Court of Fulton County CONSENTED TO & PREPARED BY: _________________________________ Christopher J. Hamilton, Esq. Jarrard & Davis, LLP Georgia Bar No. 320853 105 Pilgrim Village Drive Cumming, Georgia 30040 (678) 455-7150 – telephone (678) 455-7149 – facsimile CONSENT FINAL ORDER AND JUDGMENT CIVIL ACTION FILE NO.: 2013CV-237064 Page 5 of 6 chamilton@jarrard-davis.com Attorney for City of Milton, Georgia CONSENT FINAL ORDER AND JUDGMENT CIVIL ACTION FILE NO.: 2013CV-237064 Page 6 of 6 CONSENTED TO: ________________________________ George R. Grisel, Pro Se. 14750 Hopewell Road Alpharetta, Georgia 30040 _________________________________ Ivy N. Cadle, Eq. Baker, Donelson, Bearman, Caldwell & Berkowitz, P. C. Georgia Bar No. 353227 P. O. Box 5047 Macon, Georgia 31208-5047 (478) 750-0777 (telephone) (478) 750-1777 (facsimile) icadle@bakerdonelson.com Attorney for Mortgage Electronic Registration Systems, Inc. _________________________________ Kimberly A. Wright, Esq. McCalla Raymer, LLC Georgia Bar No. 510370 900 Holcomb Woods Parkway Roswell, Georgia 30076 (678) 281-6492 – telephone & fax kw7@mccallaraymer.com Attorney for Branch Banking and Trust Company ------------------------------------------------------ William S. Sams, Esq. Office of the Fulton County Attorney Georgia Bar No. 101051 141 Pryor Street SW, Suite 4038 Atlanta, Georgia 30303 (404) 612-0261 william.sams@fultoncountyga.gov Attorney for Arthur E. Ferdinand, Fulton County Tax Commissioner HOME OF' M I t:tON* ESTABLISHED 2046 CITY COUNCIL AGENDA ITEM TO: City Council DATE: .duly 28, 2014 FROM: City Manager AGENDA ITEM: Approval of a Professional Services Agreement between the City of Milton and Tunnell, Spangler & Associates, Inc. for the Purpose of Providing Professional Planning Services for the Arnold Mill Corridor and Route 9 North Study Areas MEETING DATE: Monday, August 4, 2014 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: PPPROVEDr, () NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: YES ONO CITY ATTORNEY REVIEW REQUIRED: YES ONO APPROVAL BY CITY ATTORNEY { APPROVED () NOT APPROVED PLACED ON AGENDA FOR: REMARKS 0 tb0 q 14 4%4 10 You GM a ., ,r PHONE: 678.242.25001 FAX: 678.242.2499 Green l*s� livni , opiou info@cityofmilionga.us I www.6tyofmiltonga.us N„I LDH FI Community iIJ�,, 11-1 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 To: Honorable Mayor and City Council Members From: Kathleen Field, Director of Community Development Date: Submitted on July 18, 2014 for the August 4, 2014 Regular Council Meeting Agenda Item: Approval of a Professional Services Agreement between the City of Milton and Tunnell, Spangler & Associates, Inc. for the Purpose of Providing Professional Planning Services for the Arnold Mill Corridor and Route 9 North Study Areas ____________________________________________________________________________ Department Recommendation: Approval. Executive Summary: Upon completion and approval of the recent Arnold Mill and Rt. 9 North Visioning Plans, it has been determined that a form-based overlay zone should be developed for the purpose of implementing these Plans. The firm of Tunnell, Spangler & Associates, Inc., regional experts in form-based zoning ordinances, has the required expertise to provide the professional services needed for such a task. The work to be completed under this Agreement (the “Work”) is referenced in the Contract as “Exhibit A”. Key tasks to be completed under this contract include: undertake issue identification and analysis; develop for community review and input, a draft Code and Regulating Plan; and, subsequent to review and comment, provide a final Draft SmartCode and Regulating Plan. Funding and Fiscal Impact: Not to exceed $27,000. Alternatives: None. Legal Review: Ken Jarrard – Jarrard & Davis (July 22, 2014) Concurrent Review: Chris Lagerbloom Attachment(s): Contract HOME OF 'THEE BEST QUALITY OF LIFE IN GEORGIA' MILTIONIt ESTARLISII ED 2W6 PROFESSIONAL SERVICES AGREEMENT Arnold Mill Road and SR 9 North Form -Based Code Overlay Zone This Agreement trade and entered into this day of , in the year 2014, by and between The City of Milton, Georgia (sometimes referred to herein as the "City"), having its principle place of business at 13000 Deerfield Parkway Suite 107-G, Milton GA 30004 and Tunnell, Spangler & Associates, Inc. ("Consultant") having its principle place of business at 1389 Peachtree Street, NE. Suite 200, Atlanta, GA 30309. WHEREAS, the City of Milton will require certain professional public works services beginning on July 28, 2014; and WHEREAS, the City's Purchasing Policy authorizes the procurement of professional services contracts of $30,000.00 or less; and WHEREAS, the City has determined that this Agreement constitutes such professional services; NOW THEREFORE, in consideration of the mutual covenant and promises contained herein, the parties agree as follows: 1.0 Scope of Work; Compensation 1.1 The Consultant agrees to provide all Services specified in Exhibit "A", attached hereto and incorporated herein by reference. No payments will be made for unauthorized work. Invoices should be submitted to Rick Pearce, 13000 Deerfield Parkway, Milton GA 30004, for approval. Payment will be sent to the designated address by U. S. Mail only; payment will not be hand -delivered. 1.2 City agrees to pay Consultant for the services performed and costs incurred by Consultant upon the City's certification that the services were actually performed and costs actually incurred in accordance with this Agreement. Compensation for services performed and, if applicable, reimbursement for costs incurred shall be paid to Consultant upon the City's receipt and approval of an invoice, submitted upon completion of the Work, setting forth in detail the services performed and costs incurred. Invoices shall reflect charges incurred versus charges budgeted. The total amount paid under this Agreement for the Work shall not, in any case, exceed a lump sum fee of $27,000 (the "Contract Price") for the following tasks without prior written approval from the City. Task 1- Issue Identification Task 2- Draft Code and Regulating Plan Task 3- Milton Approval Process 1.3 Consultant shall take no calculated risk in the performance of the Work. Specifically, Consultant agrees that in the event it cannot perform the Work within the budgetary limitations established without disregarding sound principles of Consultant's industry, Consultant will give written notice thereof immediately to the City. 1.4 The City reserves the right to order changes in the Work to be performed under this Agreement by altering, adding to, or deducting from the Work. All such changes shall be incorporated in written change orders executed by the Consultant and the City. Such change orders shall specify the changes ordered and any necessary adjustment of compensation and completion time. If the Parties cannot reach an agreement on the terms for performing the changed work within a reasonable time to avoid delay or other unfavorable impacts as determined by the City in its sole discretion, the City shall have the right to determine reasonable terms and the Consultant shall proceed with the changed work. 1.5 Any work added to the scope of this Agreement by a change order shall be executed under all the applicable conditions of this Agreement. No claim for additional compensation or extension of time shall be recognized, unless contained in a written change order duly executed on behalf of the City and the Consultant. 1.6 The City Manager has authority to execute without further action of the Milton City Council, any number of change orders so long as their total effect does not materially alter the terms of this Agreement or materially increase the total amount to be paid under this Agreement. Any such change orders materially altering the terms of this Agreement or increasing the total amount to be paid under this Agreement in excess of $10,000, must be approved by resolution of the Milton City Council. 2.0 Independent Contractor 2.1. The Consultant is an independent Contractor. The Consultant is not an employee, agent or representative of the City of Milton. The Consultant shall obtain and maintain, at the Consultant's expense, all permits, license or approvals that may be necessary for the performance of the services. 2.2 Inasmuch as the City of Milton and the Consultant are entities independent of one another, neither has the authority to bind the other to any third person or otherwise to act in any way as the representative of the other, unless otherwise expressly agreed to in writing signed by both parities hereto. The Consultant agrees not to represent itself as the City's agent for any purpose to any party or to allow any employee of the Consultant to do so, unless specifically authorized, in advance and in writing, to do so, and then only for the limited purpose stated in such authorization. The Consultant shall assume full liability for any contracts or agreements the Consultant enters into on behalf of the City of Milton without the express knowledge and prior written consent of the City. 3.0 Indemnification The Consultant covenants and agrees to take and assume all responsibility for the services rendered in connection with this Agreement. The Consultant shall bear all losses and damages directly or indirectly resulting to it on account of the performance or character of the services rendered pursuant to this Agreement. Consultant shall defend, indemnify and hold harmless the City, its officers, boards, commissions, elected and appointed officials, employees and agents from and against any and all claims, suits, actions, liability, judgments, damages, losses, and expenses, including but not limited to, attorney's fees, which may be the result of willful, negligent or tortuous conduct arising out of the Work, performance of contracted services, or operations by the Consultant, any sub -consultant, anyone directly or indirectly employed by the Consultant or sub -consultant or anyone for whose acts the Consultant or sub -consultant 2 may be liable, regardless of whether or not the offending act is caused in part by a parry indemnified hereunder. Such obligation shall not be construed to negate, abridge, or otherwise reduce any other right or obligation of indemnity which would otherwise exist as to any party or person described in this provision. In any and all claims against the City or any of its agents or employees, by any employee of the Consultant, any sub -consultant, anyone directly or indirectly employed by the Consultant or sub -consultant or anyone for whose acts the Consultant or sub -consultant may be liable, the indemnification obligation set forth in this provision shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the Consultant or any sub -consultant under workers' or workmen's compensation acts, disability benefit acts or other employee benefit acts. This obligation to indemnify and defend the City, its members, officers, agents, employees and volunteers shall survive termination of this Agreement. 4.0 Insurance (1) Requirements: The Consultant shall have and maintain in full force and effect for the duration of this Agreement, insurance insuring against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Work by the Consultant, its agents, representatives, employees or sub -consultants. All policies shall be subject to approval by the City Attorney to form and content. These requirements are subject to amendment or waiver if so approved in writing by the City Manager. (2) Minimum Limits of Insurance: Consultant shall maintain limits no less than: (a) Comprehensive General Liability of $1,000,000 combined single limit per occurrence for bodily and personal injury, sickness, disease or death, injury to or destruction of property, including loss of use resulting there from. (b) Comprehensive Automobile Liability (owned, non -owned, hired) of $1,000,000 combined single limit per occurrence for bodily and personal injury, sickness, disease or death, injury to or destruction of property, including loss of use resulting there from. (c) Professional Liability of $1,000,000 limit for claims arising out of professional services caused by the Consultant's errors, omissions, or negligent acts. (d) Workers' Compensation limits as required by the State of Georgia and employers Liability limits of $1,000,000 per accident. (3) Deductibles and Self -Insured Retentions: Any deductibles or self-insured retentions must be declared to and approved by the City. (4) Other Insurance Provisions: 3 The policy is to contain, or be endorsed to contain, the following provisions: (a) General Liability and Automobile Liability Coverage. (i) The City, its officials, employees, agents and volunteers are to be covered as insured as respects: liability arising out of activities performed by or on behalf of the Consultant; products and completed operations of the Consultant; premises owned, leased, or used by the Consultant; automobiles owned, leased, hired, or borrowed by the Consultant. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officials, employees, agents or volunteers. (ii) The Consultant's insurance coverage shall be primary noncontributing insurance as respects to any other insurance or self-insurance available to the City, its officials, employees, agents or volunteers. Any insurance or self- insurance maintained by the City, its officials, employees or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. (iii) Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its officials, employees, agents or volunteers. (iv) Coverage shall state that the Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (v) Coverage shall be provided on a "pay on behalf' basis, with defense costs payable in addition to policy limits. There shall be no cross liability exclusion. (vi) The insurer agrees to waive all rights of subrogation against the City, its officials, employees, agents and volunteers for losses arising from work performed by the Consultant for the City. (vii) All endorsements to policies shall be executed by an authorized representative of the insurer. (b) Workers' Compensation Coverage. The insurer will agree to waive all rights of subrogation against the City, its officials, employees, agents and volunteers for losses arising from work performed by the Consultant for the City. (c) All Coverages. (i) Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled, reduced in coverage or in limits except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. 4 (ii) Policies shall have concurrent starting and ending dates. (iii) Policies shall include an endorsement incorporating the Indemnification obligations assumed by the Contractor under the terms of this Agreement, including but not limited to Section 4 of this Agreement. (5) Acceptability of Insurers: Insurance is to be placed with insurers with an A.M. Bests' rating of no less than AXII. (6) Verification of Coverage: Consultant shall furnish the City with certificates of insurance and endorsements to the policies evidencing coverage required by this clause prior to the start of work. The certificates of insurance and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificate of insurance and endorsements shall be on a form utilized by Consultant's insurer in its normal course of business and shall be received and approved by the City prior to execution of this Agreement by the City. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. The Consultant shall provide proof that any expiring coverage has been renewed or replaced at least two (2) weeks prior to the expiration of the coverage. (7) Sub -consultants: Consultant shall include all sub -consultants as insured under its policies or shall furnish separate certificates and endorsements for each sub -consultant. All coverage for sub - consultants shall be subject to all of the requirements stated in this Agreement, including but not limited to naming the parties as additional insured. (8) Claims -Made Policies: Consultant shall extend any claims -made insurance policy for at least six (6) years after termination or final payment under the Agreement, whichever is later. (9) City as Additional Insured and Loss Pam The City shall be named as an additional insured and loss payee on all policies required by this Agreement. 5.0 Term; Termination The term of this Agreement shall be from July 28, 2014 and shall terminate absolutely and without further obligation on the part of the City on December 31, 2014, provided that this Agreement, absent written notice of non -renewal provided by the City to Consultant at least thirty (3 0) days prior to December 31, 2014, shall automatically renew on January 1, 2015 to November 1, 2015. The City may terminate this Agreement upon a breach of any provision of this Agreement by Consultant and Consultant's subsequent failure to cure such breach within fifteen (15) days of receipt from the City of a written notice of the 5 breach. Title to any supplies, materials, equipment, or other personal property shall remain in the Consultant until fully paid by the City. 6.0 Compliance with All Laws and Licenses The Consultant must obtain all necessary licenses and comply with local, state and federal requirements. The Consultant shall comply with all laws, rules and regulations of any governmental entity pertaining to its performance under this Agreement. 7.0 Assignment The Consultant shall not assign or subcontract the whole or any part of this Agreement without the City of Milton's prior written consent. 8.0 Amendments in Writing No amendments to this Agreement shall be effective unless it is in writing and signed by duly authorized representatives of the parties. 9.0 Expertise of Consultant Consultant accepts the relationship of trust and confidence established between it and the City, recognizing that the City's intention and purpose in entering into this Agreement is to engage an entity with the requisite capacity, experience, and professional skill and judgment to provide the services in pursuit of the timely and competent completion of the Work undertaken by Consultant under this Agreement. 10.0 Governing Law This Agreement shall be governed in all respects by the laws of the State of Georgia. 11.0 Interpretation of Documents In the event of a conflict in language between this Agreement and any exhibit to this Agreement, the provisions most favorable to the City shall govern. 12.0 Entire Agreement This Agreement constitutes the entire Agreement between the parties with respect to the subject matter contained herein; all prior agreements, representations, statements, negotiations, and undertakings are suspended hereby. Neither party has relied on any representation, promise, nor inducement not contained herein. 13.0 Waiver of Agreement The City's failure to enforce any provision of this Agreement or the waiver in a particular instance shall not be construed as a general waiver of any future breach or default. 14.0 Sovereign Immunity 2 Nothing contained in this Agreement shall be construed to be a waiver of the City's sovereign immunity or any individual's qualified good faith or official immunities. 15.0 Notices All other notices, writings or correspondence as required by this Agreement shall be in writing and shall be deemed received, and shall be effective, when: (1) personally delivered, or (2) on the third day after the postmark date when mailed by certified mail, postage prepaid, return receipt requested, or (3) upon actual delivery when sent via national overnight commercial carrier to the Parties at the addresses given below, unless a substitute address shall first be furnished to the other Parties by written notice in accordance herewith: NOTICE TO THE CITY shall be sent to: City Manager City of Milton 13000 Deerfield Parkway, Suite 107F Milton, Georgia 30004 NOTICE TO THE CONSULTANT shall be sent to: Caleb Racicot, AICP Tunnell, Spangler & Associates, Inc. 1389 Peachtree Street, Suite 200 Atlanta, GA 30309 16.0 No Personal Liability No member, official or employee of the City shall be personally liable to the Consultant or any successor in interest in the event of any default or breach by the City or for any amount which may become due to the Consultant or successor or on any obligation under the terms of this Agreement. Likewise, Consultant's performance of services under this Agreement shall not subject Consultant's individual employees, officers or directors to any personal liability. The Parties agree that their sole and exclusive remedy, claim, demand or suit shall be directed and/or asserted only against Consultant or the City, respectively, and not against any employee, officer, director, or elected or appointed official. 17.0 Employment of Unauthorized Aliens Prohibited (1) E -Verify Affidavit It is the policy of the City of Milton that unauthorized aliens shall not be employed to perform work on City contracts involving the physical performance of services. Therefore, the City shall not enter into a contract for the physical performance of services within the State of Georgia unless: (1) the Contractor shall provide evidence on City -provided forms, attached hereto as Exhibits "B" and "C" (affidavits regarding compliance with the E -Verify program to be sworn under oath under criminal penalty of false swearing pursuant to O.C.G.A. § 16-10-71), that it and Contractor's subcontractors have conducted a verification, under the federal Employment Eligibility Verification ("EEV" or "E -Verify") program, of the social security numbers, or other identifying information now or hereafter accepted by the E -Verify program, of all 7 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 "B", and submitted such affidavit to City or provided the City with evidence that it is not required to provide such an affidavit because it is licensed and in good standing as noted in subsection (2) above. Further, Contractor hereby agrees to comply with the requirements of the federal Immigration Reform and Control Act of 1986 (IRCA), P.L. 99-603, O.C.G.A. § 13-10-91 and Rule 300-10-1-.02. In the event the Contractor employs or contracts with any subcontractor(s) in connection with the covered contract, the Contractor agrees to secure from such subcontractor(s) attestation of the subcontractor's compliance with O.C.G.A. § 13-10-91 and Rule 300-10-1-.02 by the subcontractor's execution of the subcontractor affidavit, the form of which is attached hereto as Exhibit "C", which subcontractor affidavit shall become part of the contractor/subcontractor agreement, or evidence that the subcontractor is not required to provide such an affidavit because it is licensed and in good standing as noted in subsection (2) above. If a subcontractor affidavit is obtained, Contractor agrees to provide a completed copy to the City within five (5) business days of receipt from any subcontractor. Where Contractor is required to provide an affidavit pursuant to O.C.G.A. § 13-10-91, the City Manager or his/her designee shall be authorized to conduct an inspection of the Contractor's and Contractor's subcontractors' verification process at any time to determine that the verification was correct and complete. The Contractor and Contractor's subcontractors shall retain all documents and records of their respective verification process for a period of three (3) years following completion of the contract. Further, where Contractor is required to provide an affidavit pursuant to O.C.G.A. § 13-10-91, the City Manager or his/her designee shall further be authorized to conduct periodic inspections to ensure that no City Contractor or Contractor's subcontractors employ unauthorized aliens on City contracts. By entering into a contract with the City, the Contractor and Contractor's subcontractors agree to cooperate with any such investigation by making their records and personnel available upon reasonable notice for inspection and questioning. Where a Contractor or Contractor's subcontractors are found to have employed an unauthorized alien, the City Manager or his/her designee may report same to the Department of Homeland Security. The Contractor's failure to cooperate with the investigation may be sanctioned by termination of the contract, and the Contractor shall be liable for all damages and delays occasioned by the City thereby. Contractor agrees that the employee -number category designated below is applicable to the Contractor. [Information only required if a contractor affidavit is required pursuant to O.C.G.A. § 13-10- 91.1 500 or more employees. 100 or more employees. X Fewer than 100 employees. Contractor hereby agrees that, in the event Contractor employs or contracts with any subcontractor(s) in connection with this Agreement and where the subcontractor is required to provide an 8 affidavit pursuant to O.C.G.A. § 13-10-91, the Contractor will secure from the subcontractor(s) such subcontractor(s') indication of the above employee -number category that is applicable to the subcontractor. The above requirements shall be in addition to the requirements of State and federal law, and shall be construed to be in conformity with those laws. 18.0 Nondiscrimination In accordance with Title VI of the Civil Rights Act, as amended, 42 U.S.C. § 2000d, section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6102, section 202 of the 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 18.0 in every subcontract for services contemplated under this Agreement. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed by their duly authorized officers as of the day and year set forth next to each signature. [SIGNATURES ON THE FOLLOWING PAGE] 0 TUNNELL, SPANGLER & ASSOCIATES, INC. William T. Tunnell, President [AFFIX CORPORATE SEAL] SIGNED, SEALED, AND DELIVERED In the presence of: Attest: Jerry W. Spangler, Secretary Print Name Notary Public [NOTARY SEAL] My Commission Expires: MILTON CITY COUNCIL: Joe Lockwood, Mayor [CITY SEAL] SIGNED SEALED AND DELIVERED in the presence of: Witness Notary Public [NOTARY SEAL] My Commission Expires: 10 EXHIBIT "B" STATE OF GEORGIA CITY OF MILTON CONTRACTOR AFFIDAVIT AND AGREEMENT By executing this affidavit, the undersigned contractor verifies its compliance with O.C.G.A. § 13-10-91, stating affirmatively that the individual, firm, or corporation which is engaged in the physical performance of services on behalf of the City of Milton has registered with, is authorized to use and uses the federal work authorization program commonly known as E -Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91. Furthermore, the undersigned contractor will continue to use the federal work authorization program throughout the contract period and the undersigned contractor will contract for the physical performance of services in satisfaction of such contract only with subcontractors who present an affidavit to the contractor with the information required by O.C.G.A. § 13-10-91(b). Contractor hereby attests that its federal work authorization user identification number and date of authorization are as follows: Federal Work Authorization User Identification Number Date of Authorization Name of Contractor Name of Project Name of Public Employer I hereby declare under penalty of perjury that the foregoing is true and correct. Executed on _, 201_ in (city), (state). Signature of Authorized Officer or Agent Printed Name and Title of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE DAY OF ,201 . NOTARY PUBLIC [NOTARY SEAL] My Commission Expires: EXHIBIT "C" STATE OF GEORGIA CITY OF MILTON SUBCONTRACTOR AFFIDAVIT 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 Tunnell, Spangler & Associates, Inc. on behalf of the City of Milton has registered with, is authorized to use and uses the federal work authorization program commonly known as E -Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10- 91. Furthermore, the undersigned subcontractor will continue to use the federal work authorization program throughout the contract period, and the undersigned subcontractor will contract for the physical performance of services in satisfaction of such contract only with sub -subcontractors who present an affidavit to the subcontractor with the information required by O.C.G.A. § 13-10-91(b). Additionally, the undersigned subcontractor will forward notice of the receipt of an affidavit from a sub -subcontractor to the contractor within five (5) business days of receipt. If the undersigned subcontractor receives notice that a sub -subcontractor has received an affidavit from any other contracted sub -subcontractor, the undersigned subcontractor must forward, within five (5) business days of receipt, a copy of the notice to the contractor. Subcontractor hereby attests that its federal work authorization user identification number and date of authorization are as follows: Federal Work Authorization User Identification Number Date of Authorization Name of Subcontractor Name of Project Name of Public Employer I hereby declare under penalty of perjury that the foregoing is true and correct. Executed on 201_ in (city), (state). 12 Signature of Authorized Officer or Agent Printed Name and Title of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE DAY OF ,201_. NOTARY PUBLIC [NOTARY SEAL] My Commission Expires: Exhibit "A" CE Y-. aw F,M1 LA TO - 4 -.. ARNOLD MILL ROAD AND STATE ROUTE 9 NORTH FORM -BASED CODES PROPOSAL 1389 Peachtree Street NE, Suite 200 Atlanta, GA 30309 Contact: Caleb Racicot Phone: 404.873.6730 x131 cracicot@tsw-design.com www.tsw-design.com July 10, 2014 July 10, 2014 Submitted to: CITY OF MILTON Submitted by: TSW FORM -BASED CODES PROPOSAL OVERVIEW TSW is pleased to submit our proposal for preparing two form -based codes for the Arnold Mill Road and State Route 9 North areas of the City of Milton as shown in Attachment 1 and 2. TSW is a full service planning, architecture, and landscape architecture firm specializing in customized design solutions that improve the quality of life in the communities we serve. Our planning studio focuses on area plans, policy studies, out- reach, and form -based coding. TSW believes that our form -based coding experience makes us uniquely qualified to assist the City of Milton in moving the vision for Arnold Mill Road and State Route 9 North towards reality. Caleb Racicot, proposed Project Manager for this effort, has prepared nearly a dozen form -based codes across the region, including several locally -calibrated Smart - Codes. This puts us in a unique position to assist the City in crafting a workable code that meets local needs. APPROACH The following process is proposed for preparing a locally -calibrated SmartCode for the Arnold Mill Road and State Route 9 North areas. Task One: Issue Identification Two months This task will review recent planning efforts and existing regulations in the Arnold Mill Road and State Route 9 North areas, and solicit stake- holder feedback on them. This shall serve as the basis for the draft codes and regulating plans identified in Task Two. 1. Initial Team Meeting- Meet with City staff to review the effort and finalize the approach. 2. Existing Statutory Review - Gather and review existing regulations, policies, covenants, and projects in the areas. The purpose of this shall be to identify elements that could be included in the proposed codes, such as new streets, multi -use trails, open spaces, and sim- ilar features. 3. Desired Form Analysis -Review the Arnold Mill Road Visioning Study and the State Route 9 North Vision Plan and quantify the metrics within them. This shall include defining potential locally -calibrated transect zones, densities, heights, and other elements. 1 July 10, 2014 Task 7 Uraft de and Regulating Plan Two months FORM -BASED CODES PROPOSAL During this task, TSW will convert the vision of Task One and the Draft Code Elements of Task Two into a two draft ordinances (one per area) with supporting maps. 4. Draft Code V.O - Prepare two locally -calibrated SmartCodes. In addition to standard elements, such as zones, building heights, setbacks, use, etc., the codes shall also incorporate the following: i. Transfer of Development Rights (TDR). ii. Architectural standards. iii. Code translation sheets of proposed transect zones and districts showing their relationship to ex- isting zoning. S. Draft Regulating Plan V.0 -Prepare two Regulating Plans showing the districts and any location -specific requirements. These may include thoroughfare locations, greenway trails, density sub-areas/T-Zones, public spaces, pedestrian ways, TDR Sending and Receiving areas, and other geographically -specific elements. 6. Revise Codes and Regulating Plans - Following City review and comment, prepare Draft Codes V.1 and Regulating Plans V.1. 7. Public Information Meetings - Present the Draft Code V.1 and Draft Regulating Plan V.1 at two public information meetings (one per area). Solicit feedback from the public and other stakeholders. S. Revise Codes and Regulating Plans - Following the Public Information Meetings, prepare Draft Codes V.2 and Regulating Plans V.2. Tack Three: Milton Approval Process One to two months During this task, TSW will work with the City of Milton to finalize the codes. At a minimum this will include: 9. Planning Commission Work Sessions - Present the Draft Codes V.2 and Regulating Plan V.2 for review and comment at two separate work sessions. 10. Revise Codes and Regulating Plans - Prepare Draft Codes V.3 and Regulating Plan V.3. 11. Council Work Sessions - Present Draft Codes V.3 and Regulating Plans V.3 for review and comment at two separate work sessions. Make any changes requested in V.4 for official adoption. 12. Additional Code and Regulating Plan Revisions - Make additional changes to Draft Codes and Regu- lating Plans as requested by City of Milton staff during the official adoption process. 13. Other Form -Based Code Revisions - Work with City staff to make minor revisions to the existing Cra- bapple and Deerfield form -based codes. Incorporate revised common text into the Arnold Mill Road and State Route 9 North area form -based codes. Submitted to: CITY OF MILTON 2 Submitted by: TSW July 10, 2014 DRAWING BY JAMES WASSE Submitted to: CITY OF MILTON Submitted by: TSW FORM -BASED CODES PROPOSAL 14. Additional Meetings - Attend additional meetings or prepare ad- ditional presentations beyond those noted herein, as requested by the City of Milton Deliverables As part of this TSW shall provide the following: • Draft SmartCodes V.0 -V.4 for each area (digitally; printed copies shall be provided by the City of Milton) • Draft Regulating Plans V.0 -V.4 for each area (digitally; one poster -size printed copy, printed copies shall be provided by the City of Milton) • Final Draft SmartCode and Regulating Plan for each area (digitally, and with the type and number of printed copies identified for drafts above) • PowerPoint Presentations (digitally) ASSUMPTIONS TSW's performance of the items above is dependant upon the following: • TSW assumes that the current visions of the Arnold Mill Road Vision- ing Study and the State Route 9 North Vision Plan will be maintained. • TSW will use a locally -calibrated SmartCode for the coding effort. • The City of Milton will arrange and advertise meetings, including space reservation and refreshments. • TSW shall have access to GIS data provided by the City of Milton. • Other consultants or legal counsel shall be retained by the City of Milton. FEES & TERMS Fees for work outlined are as follows: • Sub -Tasks 1 through 13 will be billed hourly not exceed twenty sev- en thousand dollars and zero cents ($27,000.00). • Sub Task 14 will be billed hourly. Fees will be invoiced according to the schedule in Attachment 3. REIMBURSABLE EXPENSES The fees above include all expenses. July 10, 2014 Attachment 1 FORM -BASED CODES PROPOSAL Arnold PAP Rd- CW;- P" CoaracW At" Munn Plow" �� lUpupipll� Submitted to: CITY OF MILTON Submitted by: TSW 4 July 10, 2014 Attachment 2 FORM -BASED CODES PROPOSAL Submitted to: CITY OF MILTON $ Submitted by: TSW c Crookod G°o^Crack�cti. dF°nra... Way Five Acre*o[h [Je c Estates ; �'aauYr• G Nar.10*d Rd 7 .0w x i u n 0o gc? reserveKannwifa ' �pe°QT re o`k �y oi4 �rc'A + ArchQa7• C[� fo A. O�ydMA1r• a, Gal[.en Or ti re Farm. WAYLake 4. v Laurel s e 0 o f Onkstone 3 p r' 3 ucu�a• c, Glan p� So" 2. Wyndham BelleMead! 9a+f.�.rr• Pr 3 Farms Bellaterre c ! C•eaf rams C[ p.nnrraya �i Msolo camblidge High SChnW m LCI Area Alpharetta y' Bethany Creek Submitted to: CITY OF MILTON $ Submitted by: TSW July 10, 2014 Attachment 3 FORM -BASED CODES PROPOSAL 1389 Peachtree street, NE 2014 HOURLY FEE SCHEDULE Suite 200 All fees will be invoiced monthly, according to the hourly fee schedule Atlanta, GA 30309 then in effect. Our current fee schedule is as follows: Phone: 404.873.6730 Fax: 404.874.6471 Principals www.tsw-design.com William T. Tunnell $175/hour Principals: Jerry W. Spangler $175/hour William Tunnell Thomas H. Walsh $175/hour Jerry Spangler Thomas Walsh Caleb P. Racicot $125/hour Caleb Racicot Adam H. Williamson $120/hour Adam Williamson Associates: Planning & Landscape Architecture Bryan Bays Bryan Bays $120/hour Rebekah Calvert Ben Woodrow Giles Woody Giles $100/hour Heather Hubble David Lintott $90/hour David Lintott Jia Li $90/hour Rebekah Calvert $90/hour Garrett Hyer $85/hour Sarah McColley $80/hour Peyton Peterson $80/hour Laura Richter $75/hour Ryan Snodgrass $75/hour Architecture Heather Hubble $90/hour Lionel Johnson $75/hour Colin Hadaway $75/hour John Hand $70/hour Graphics Cindy R. Cox $1 10/hour Submitted to: CITY OF MILTON 6 Submitted by: TSW EXHIBIT B STATE OF GEORGIA CITY OF MILTON CONTRACTOR AFFIDAVIT AND AGREEMENT By executing this affidavit, the undersigned contractor verifies its compliance with O.C.G.A. § 13-10-91, stating affirmatively that the individual, firm, or corporation which is contracting with the City of Milton has registered with and is participating in a federal work authorization program, in accordance with the applicability provisions and deadlines established in O.C.G.A. 13-10-91. The undersigned contractor also verifies that it will continue to use the federal work authorization program throughout the contract period, The undersigned further agrees that, should it employ or contract with any subcontractor(s) in. connection with the physical performance of services pursuant to this contract with the City of Milton, contractor will secure from such subcontractor(s) similar verification of compliance with O.C.G.A. § 13-10-91. Contractor further agrees to maintain records of such compliance and provide a copy of each such verification to the City of Milton at the time the subcontractor(s) is retained to perform such service. The contractor hereby attests that its federal work authorization user identification number and date of authorization are as follows: 208896 Federal Work Authorization User Identification Number April 2009 Date of Authorization Tunnell-Spangler-Walsh & Associates (TSW) Name of Contractor Arnold Mill Road and State Route 9 North Form -Based Codes Name of Project I hereby declare under penalty of perjury that the foregoing is true and correct. Executed on Ju ly 90 2094 Banta cit ), Georgia (state). Signature of Authorized Officer or Agent Caleb Racicot Senior Principal Printed Name and Title of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE T6 DAY OF , 201. I NOTARY PU IC [NOTARY SEAL Nly 06 rnnissi Expires ELIZABETH W. WAL.SH NOTARY PUBLle Felton County State of Georgla My Comm. Expires Janu4ry 7, 2018 EXHIBIT C ,aco�zra CERTIFICATE OF LIABILITY INSURANCEDATE(MWDD/YYYY) TYPE OF INSURANCE ADDL INSR 07/01/ 0 1 4 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Risk Management Department Aon Risk Services Northeast, Inc. New York NY Office 199 Water Street PHONE FAX (A/C, No, Ext): 865 443-8489 A1C, No): 800 889-0021 AIL ADDRESS: work.cDmpgDtrineLcorn DAMAGE TO RENTED New York, NY 10038-3551 INSURERJSI AFFORDING COVERAGE NAIC # INSURED INSURER A: Commerce 8 Industry Ins Co 19410 TriNet HR Corporation and all its affiliates and subsidiaries` INSURER B: Illinois National Ins Co 23817 Tunnell, Spangler & Assoc. Inc (Endorsed as alternate employer) COMMERCIAL GENERAL LIABILITY INSURER C: Ins Co State of Penn 19429 9000 Town Center Parkway INSURER D: Nat'l Union Fire Ins Co 19445 Bradenton, FL 34202 INSURER E: New Hampshire Ins Co 23841 PREMISES (Eaoocurrenw) INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED AUOVL FUR I HE PULKt Y PERIOD INDICATED. NOTWITHSTANDING ANY REOUIREMENT, 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. Limits shown are as requested INSR LTR TYPE OF INSURANCE ADDL INSR SUBR WVD POLICY NUMBER POLICY EFF (MMIDDIYYYY) POLICY EXP (MMIDD(YYYY) LIMITS GENERAL LIABILITY EACH OCCURRENCE DAMAGE TO RENTED COMMERCIAL GENERAL LIABILITY PREMISES (Eaoocurrenw) CLAIMS -MADE CCUR ED EXP (Any one perwn) ERSONAL 8 ADV INJURY GENERAL AGGREGATE GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS -COMPIOP AGG POLICY= PROJECT =LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMST Each accident ANY AUTO BODILY INJURY (Per person) ALL OWNED SCHEDULED BODILY INJURY(Per AUTOS AUTOSaccident) PROPERTY DAMAGE (Per ccident HIREDAUTOS NON -OWNED AUTOS UMBRELLA LIABOCCUR ACH OCCURRENCE EXCESS LIAR H CLAIMS -MADE RETENTION$ LGREGATEQED EWORKERS E COMPENSATION AND EMPLOYERS' LIABILITY Y1 N ANY PROPRIETORIPARTNERIEXECUTIVE ❑ OFRCERIMEMBER EXCLUDED? (Mandatory in INH).L.DISEASE- NIA X 060324240 CO 060324205 GA 07-01-2014 07-01-2014 07-01-2015TU- 07-01-2015 i MIT$ OTH- Eft L.L. LACH ACCIDENT $2,Of10,n0(� EA EMPLOYEE $2,000,000 If yes. describe under DESCRIPTION OF OPERATIONS below L. DISEASE- POLICY LIMIT $2'000'000 See attached Waiver of Subrogation in favor of the certificate hdder �. ESCRIPTION OF OPERATIONS 1 LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more space is required): 97R81 DHI TriNet HR II, Inc. and TriNet HR V, Inc. <eia:�1171F1�>fI�:C11w� h,1►C"a4W_\IL110 City of Milton, Georgia Attn: Kathleen Field 13000 Deerfield Pkwy Ste 107F Milton, GA 30004-5025 ti�inn�rlrll��I���rI�[III�II`urll)�'u��rllrr�nf ri SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE rw IVI-V-0 wW.. ea tzeiwenl 1ne A(;VRo name and logo are registered marks of ACORD 71998-2G10 ACORD CORPORATION. All right. reserved. WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 00 03 13 (Ed. 4-84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule City of Milton, Georgia Attn: Kathleen Field 13000 Deerfield Pkwy Ste 107F Milton, GA 30004-5026 TriNet Client Number_ 97R81 DHI Client Name: Tunnell, Spangler & Assoc. Inc This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective See Accompanying Certificate Policy No. Endorsement No. Insured TriNet, HR Corp. See Accompanying Certificate Premium and all affiliates & subsidiaries Insurance Company See Accompanying Certificate WC 00 03 13 (Ed. 4-84) F00191-9788 0 1983 National Council on Compensation Insurance. Countersigned by _ a'" I►a HOME OF' MILTON-% ESTAM-l[SHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: July 28, 2014 FROM: City Manager AGENDA ITEM: Approval of Subdivision Plats. MEETING DATE: Monday, August 4, 2014 Regular City Council Meeting BACKGROUND INFORMATION. (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: APPROVED () NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: (} YES 0 NO CITY ATTORNEY REVIEW REQUIRED: () YES KNO APPROVAL BY CITY ATTORNEY () APPROVED () NOT APPROVED PLACED ON AGENDA FOR: b Q 1 REMARKS ©� Your ------_- PHONE: 678.242.25001 FAX: 678.242.2499 UB Green .v info@cltyofmiltonga.us I www.cityofmlltonga.us WILDUFr Community 73000 Deerfield Parkway, Suite 107 1 Milton GA 30004 To: Honorable Mayor and City Council Members From: Kathy Field, Community Development Director Date: Submitted on July 21, 2014 for the August 4, 2014 Regular Council Meeting Agenda Item: Approval of Subdivision Plats ____________________________________________________________________________ Department Recommendation: To approve the subdivision related plats and revisions as stated below. Executive Summary: The Milton Subdivision Regulations require that the Mayor and City Council approve all Final Plats, final Plat Re-recording, Revisions and Minor Plats once the matter has been reviewed and certified by the Community Development Director in accordance with the Subdivision Regulations. Name of Development Action Comments Blue Valley Phase I Revision 1. Add lot 98 2. Correct area of 2.59 acre common area Heritage at Crabapple Revision 1. Correct side setback on west line of lot 49 2. Revise lot lines of lots 45 &46 to create an additional common area 3. Adjust private D.E. across lots 45,46 and common area Two Fields Farm Minor Subdivision Plat Create two lots Deerfield Green Phase IV Final Plat Create 81 lots Cochran Place Minor Subdivision Plat Create two lots Hayfield Subdivision Extension (Phase II) Final plat Create 21 lots Plat Revision Staff Memo Funding and Fiscal Impact: None Alternatives: Do not approve Legal Review: None – not required. Concurrent Review: Chris Lagerbloom, City Manager Attachment(s): None HOME OF ` MI LTON* ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: July 29, 2014 FROM: City Manager AGENDA ITEM: Consideration of U14-01NC14-02 — 14505 Batesville Road, by LRF Milton, LLC — To Operate a bed and breakfast (Sec. 64-1802) with Four Guest Rooms within an Existing Home and a Concurrent Variance to Increase the Building Setback along Batesville Road from 20 Feet to 400 Feet [Sec. 64-1145(3)(a)]. MEETING DATE: Monday, August 4, 2014 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: X, APPROVED () NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: O YES XNO CITY ATTORNEY REVIEW REQUIRED: () YES KNO APPROVAL BY CITY ATTORNEY () APPROVED () NOT APPROVED PLACED ON AGENDA FOR. 4 REMARKS Your _- _� * * * PHONE: 678.242.25001 FAX: 678.242.2499 Green ? ; ce« r �.� " Community infoCcityofmiltonga.us I www.cityofmiitonga.us ' 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on August 18, 2014 7/29/2014 U14-01/VC14-02 Page 1 of 13 PETITION NUMBERS U14-01/VC14-02 ADDRESS 14505 Batesville Road DISTRICT, LAND LOT 2/2, 661, 662, 663, 706, 707, 708 OVERLAY DISTRICT Northwest Fulton Overlay (At the time of Submittal) EXISTING ZONING AG-1 (Agricultural) PROPOSED USE PERMIT Bed and Breakfast (Sec 64-1802) ACRES 80.12 EXISTING USE Single Family Residence, barn, and accessory structures PROPOSED USE Bed and breakfast with four break rooms OWNER/PETITIONER LRF Milton, LLC ADDRESS 14505 Batesville Road Milton, GA 30004 REPRESENTATIVE Richard Allan Kaye, Esq. ADDRESS 1600 Parkwood Circle Atlanta, GA 30339 To operate a bed and breakfast (Sec 64-1802) with four guest rooms within an existing home and a concurrent variance to increase the building setback along Batesville Road from 20 feet to 400 feet (Sec 64-1145(3)(a)) Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on August 18, 2014 7/29/2014 U14-01/VC14-02 Page 2 of 13 COMMUNITY DEVELOPMENT DEPARTMENT RECOMMENDATION U14-01- APPROVAL CONDITIONAL VC14-02- APPROVAL CONDITIONAL PLANNING COMMISSION RECOMMENDATION U14-01- APPROVAL CONDITIONAL – 6-0 VC14-02- APPROVAL CONDITIONAL – 6-0 Staff notes that there were two residents of the Valmont subdivision who came to speak in opposition to the proposed bed and breakfast. Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on August 18, 2014 7/29/2014 U14-01/VC14-02 Page 3 of 13 LOCATION MAP Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on August 18, 2014 7/29/2014 U14-01/VC14-02 Page 4 of 13 Existing Zoning Map Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on August 18, 2014 7/29/2014 U14-01/VC14-02 Page 5 of 13 Future Land Use Map Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on August 18, 2014 7/29/2014 U14-01/VC14-02 Page 6 of 13 SITE PLAN SUBMITTED – MAY 28, 2014 Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on August 18, 2014 7/29/2014 U14-01/VC14-02 Page 7 of 13 SUBJECT SITE: The subject site is zoned AG-1 (Agricultural) and developed with a 10,500 square foot single family residence and other accessory structures built between 1910 and the present on 80.12 acres. SITE PLAN ANALYSIS Based on the applicant’s revised site plan submitted to the Community Development Department on May 28, 2014, Staff offers the following considerations: In the applicant’s letter of intent received by the Community Development Department on May 28, 2014, it indicates that the applicant seeks a Use Permit for a Bed and Breakfast within the 10,500 square foot house to be in conjunction with a future wedding event facility. Staff notes that the request for the Rural Event Facility Use Permit will come before the Planning Commission on August 27, 2014 for review. Only this structure will be utilized as a bed and breakfast and not any of the other buildings on the approximate 80 acre farm. Further, the applicant states the following, “It is the applicant’s intent to preserve the nature of the property and showcase its beauty.” Bed and Breakfast (Section 64-1802) Required Standard Meets the Standard 1) A minimum of two guestrooms and a maximum of five guestrooms are permitted. Requesting four guest rooms/Yes 2) No parking in the minimum front yard. Parking is located outside of the minimum front yard/ Yes 3) The bed and breakfast shall be owner occupied. The applicant has indicated that the owner will be residing in the bed and breakfast/ Yes 4) Permitted curb cut access shall not be from a local street. Access is from Batesville Road and is not a local street/Yes 5) The minimum landscape and buffer areas shall be required as specified in article III of this zoning ordinance for the AG-1 agricultural district. The Northwest Fulton Overlay requires 10 foot landscape strip along road frontages and a 75 foot undisturbed buffer and 10 foot improvement setback adjacent to the north and west property lines (Sec 64-1141 (3)(b)) . There is sufficient room to meet these requirements/Yes 6) Parking requirements shall be the same as hotel/motel as specified in article VIII of this zoning ordinance. See explanation below/ Yes 7) Identification or advertising signs shall be limited to four square feet in surface area and four feet in height Yes Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on August 18, 2014 7/29/2014 U14-01/VC14-02 Page 8 of 13 Northwest Fulton Overlay District 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 proposed use and development is in conformance with the requirements of the Northwest Fulton Overlay with the exception of the building setback discussed below. The applicant is requesting the following concurrent variance. VC14-02 - To increase the building setback along Batesville Road from 20 feet to 400 feet (Sec 64-1145(3)(a)) Based on the date of application, the proposed Use Permit for a bed and breakfast is required to follow the Northwest Fulton Overlay as it was written prior to the amendments approved by the Mayor and City Council on June 16, 2014. The bed and breakfast is proposed to be within the existing10,500 square foot home located approximately 400 feet from Batesville Road. The Northwest Fulton Overlay District requires non-residential buildings to be located 20 feet from the edge of the required landscape strip or easement. I t 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 based on the location of the structure prior to the adoption of the Overlay. 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 VC14-02. City Arborist The proposed Use Permit will not impact any specimen trees based on the fact that there will be minimal improvements to the site . Fire Marshal The bed and breakfast will be required to be sprinkled 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 was completed as required by the Zoning Ordinance. On the site, wetlands, floodplain, streams including the Little Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on August 18, 2014 7/29/2014 U14-01/VC14-02 Page 9 of 13 River. In addition there are specimen trees but will not be impacted by the development. There are no slopes exceeding 25 percent, endangered vegetation or wildlife on the site. Public Involvement Community Zoning Information Meeting On June 24, 2014 the applicant was present at the Community Zoning Information Meeting held at the Milton City Hall. There was no one else in attendance at the meeting. City of Milton Design Review Board Meeting Courtesy Review – July 8, 2014 The following comments were made at the meeting:  This is a good use of the property.  The proposal fits the rural character of Milton. Public Participation Plan and Report The applicant submitted the Public Participation Report on June 23, 2014. The public participation meeting was held on June 17, 2014 at 7:00 p.m. at the proposed site. There were no members of the community to attend the meeting. 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 proposed development is located in the Agricultural, Equestrian, Estate Residential (AEE) land use category on the City of Milton 2030 Comprehensive Plan Map. The proposed use permit is permitted in the AG-1 (Agricultural) district which is an acceptable zoning district for the AEE land use category. In addition, the following Plan Policies are consistent with the proposed use: Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on August 18, 2014 7/29/2014 U14-01/VC14-02 Page 10 of 13 “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.” “We will encourage the preservation of natural resources areas and preserve contiguous green open spaces development of land in appropriate designated areas as development occurs.” ”We will encourage development that is sensitive to the overall setting of the community and will contribute to our community’s character and sense of place.” 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 the Little River which is the border between the City of Milton and Cherokee County. To the north and east there are single family residential subdivisions with minimum one acre lots. To the south is the Atlanta National Golf Club. It is Staff’s opinion that the bed and breakfast 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 one requirement of the Northwest Fulton Overlay District. The applicant is requesting a concurrent variance to come into compliance with the requirement. 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 typically 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: Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on August 18, 2014 7/29/2014 U14-01/VC14-02 Page 11 of 13 Hotels and Motels Ratio Number Spaces Required Number Spaces Provided 4 rooms 1 per room 4 8 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: Based on the site plan submitted, there is adequate area to provide the required 75 foot undisturbed buffer and 10 foot improvement setback. In addition, there is already a requirement of a 50 undisturbed buffer and 25 foot non improvement setback along the Little River on the west boundary of the site. 8. Hours and manner of operation: The applicant has not indicated hours of operation. Staff makes the assumption that the house will be accessible twenty-four hours a day to serve their guests. 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. The proposed ingress and egress to the bed and breakfast is via Batesville Road. CONCLUSION If approved with the Recommended Conditions, the proposed bed and breakfast is consistent with the City of Milton 2030 Future Land Use Plan and Policies. Therefore, Staff recommends U14-01 be APPROVED CONDITIONAL. Regarding the Concurrent Variance, Staff recommends APPROVAL CONDITIONAL of VC14-02. Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on August 18, 2014 7/29/2014 U14-01/VC14-02 Page 12 of 13 RECOMMENDED CONDITIONS If this petition is approved by the Mayor and City Council, it should be approved for a Use Permit for a Bed and Breakfast 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 accessory buildings shall not be expanded in size as depicted on the site plan received by the Community Development Department on May 28, 2014. b) The number of guest rooms shall not exceed four (4) within the 10,536 square foot house depicted on the site plan received by the Community Development Department on May 28, 2014. 2) To the owner’s agreement to abide by the following: a) To the site plan received by the Community Development Department on May 28, 2014. 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) Provide a 400 foot building setback for the house utilized as the bed and breakfast along Batesville Road. (VC14-02) 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 Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on August 18, 2014 7/29/2014 U14-01/VC14-02 Page 13 of 13 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. ORDINANCE NO._______ PETITION NO. U14-01/VC14-02 STATE OF GEORGIA COUNTY OF FULTON AN ORDINANCE TO APPROVE A USE PERMIT (SECTION 64-1802) FOR A BED AND BREAKFAST ON 80.12 ACRES LOCATED AT 14505 BATESVILLE ROAD BE IT ORDAINED by the City Council for the City of Milton, Georgia while in regular session on August 18, 2014 at 6:00 p.m. as follows: SECTION 1. That the Zoning Ordinance of the City of Milton be amended, to be changed so that the following property located at 14505 Batesville Road, consisting of a total of approximately 80.12 acres as described in the attached legal description, a Use Permit for a bed and breakfast with conditions, attached hereto and made a part herein; ALL THAT TRACT or parcel of land lying and being Land Lots 661, 662, 663, 706, and 707 of the 2nd District 2nd Section, City of Milton, Fulton County, Georgia; and SECTION 2. That the Use Permit for a bed and breakfast listed in the attached conditions of approval, be approved under the provisions of Chapter 64, Article IX, Division 5, Section 64-1802 of the Zoning Ordinance of the City of Milton with the approved concurrent variance; and SECTION 3. That the property shall be developed in compliance with the conditions of approval as attached to this ordinance. Any conditions hereby approved (including any site plan) do not authorize the violation of any district regulations; and SECTION 4. That all ordinances or part of ordinances in conflict with the terms of this ordinance are hereby repealed; and SECTION 5. This Ordinance shall become effective upon adoption by the Mayor and City Council and the signature of approval of the Mayor. ORDAINED this 18th day of August, 2014. _________________________________ Mayor Joe Lockwood Attest: ___________________________ Sudie AM Gordon, City Clerk (Seal) RECOMMENDED CONDITIONS If this petition is approved by the Mayor and City Council, it should be approved for a Use Permit for a Bed and Breakfast 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 accessory buildings shall not be expanded in size as depicted on the site plan received by the Community Development Department on May 28, 2014. b) The number of guest rooms shall not exceed four (4) within the 10,536 square foot house depicted on the site plan received by the Community Development Department on May 28, 2014. 2) To the owner’s agreement to abide by the following: a) To the site plan received by the Community Development Department on May 28, 2014. 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) Provide a 400 foot building setback for the house utilized as the bed and breakfast along Batesville Road. (VC14-02) 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. SITE PLAN SUBMITTED MAY 28, 2014 HOME OF ' ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: July 29, 2014 FROM: City Manager AGENDA ITEM: Consideration of RZ14-12 — To Amend Article XIX — Crabapple Form Based Code. MEETING DATE: Monday, August 4, 2014 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 () NO CITY ATTORNEY REVIEW REQUIRED. YES O NO APPROVAL BY CITY ATTORNEY APPROVED ( NOT APPROVED PLACED ON AGENDA FOR: d ll? � REMARKS Your PHONE: 678.242.25001 FAX: 678.242.2494 Green'- V ; Certified* r.io C'icy of � info@cityofmiltonga.us I www.cityofmiltonga.us11„�L® Community �rh;ts F 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 To: The Honorable Mayor and City Council From: Kathleen Field, Community Development Director Date: Submitted July 30, 2014 for the August 18, 2014 Regular Meeting (August 4, 2014 First Presentation and August 11, 2014 for Council Work Session) Re: Consideration of RZ14-12 – Crabapple Form Based Code and RZ14-13 – Deerfield Form Based Code - Text Amendments Department Recommendation: The Community Development Department recommends approval of the proposed text amendments as discussed below. Executive Summary: The proposed amendments to both of the form based codes are virtually identical. There are two primary issues that are addressed in the amendments. 1) To clarify that the properties located within the boundaries of both the Crabapple and Deerfield/Hwy 9 Form Based Codes are subject solely to their respective ordinances and not subject to the remainder of the Zoning Ordinance, unless expressly indicated in their respective ordinances. In order to accomplish this, we suggest revisions be made to both the Form Based Codes. Listed below are the pages where edits were made for this purpose: RZ14-12 - Crabapple Form Based Code  Page 3 – Article 1.1.o, Article 1.2.4, Article 1.3.1, Article 1.3.3, Article 1.3.5  Page 9 – Article 2.1.2, Article 2.1.3, Article 2.1.4, Article 2.2.2  Page 10 – Article 2.3.1  Page 15 – Article 4.1.1  Page 16 – Article 4.1.3  Page 30 – Article 6.1.1  Page 31 – Definitions  Pages 38 through 41 – Article 7.1.1 2 RZ14-13 – Deerfield/Hwy 9 Form Based Code  Page 3 – Article 1.1.o, Article 1.2.4, Article 1.3.1, Article 1.3.3, Article 1.3.5  Page 10 - Article 2.1.2  Page 11 - Article 2.2.2, Article 2.2.2.i  Page 18 – Article 4.1.1  Page 19 – Article 4.1.3  Page 37 – Article 5.1.1  Page 38, Page 39, - Definitions 2) To clarify the ability of the City to “sell” their development rights to others. This was accomplished by amending the definition of “Transfer of Development Rights” on page 36 of the Crabapple FBC and page 43 of the Deerfield/Hwy 9 FBC. The last amendment is to delete the requirement of half-round gutters within the Crabapple Form Based Code. Over the past two years since the adoption of the ordinance, every builder has requested a warrant for this requirement. It is still an option but not required. Staff proposes to allow “ogee” gutters which are the typical type of gutter installed on homes. This is only found in the Crabapple FBC and is on page 27. The Planning Commission reviewed both text amendments on July 23, 2014 and unanimously recommended Staff’s proposed amendments. Funding and Fiscal Impact: None anticipated. Alternatives: The Mayor and City Council may approve the amendment as proposed and/or recommend further amendments to the text amendments discussed. Legal Review: Paul Frickey and Larry Ramsey - Jarrard & Davis (July, 2014) Concurrent Review: Community Development Staff Attachment(s): Text Amendments and Ordinances for RZ14-12 and RZ14-13 - THE CODE OF THE Chapter 64 - ZONING ARTICLE XIX. CRABAPPLE FORM-BASED CODE RZ14-12 – Text Amendment prepared for the City of Milton Mayor and City Council Meeting on 7/29/2014 August 4, 2014 (First Presentation) Page 1 ARTICLE XIX. CRABAPPLE FORM-BASED CODE [9] ARTICLE 1. - GENERAL ARTICLE 2. - REGULATING PLANS ARTICLE 3. - PUBLIC STANDARDS ARTICLE 4. - BUILDING SCALE PLANS ARTICLE 5. - STANDARDS AND TABLES ARTICLE 6. - DEFINITION OF TERMS ARTICLE 7. - ARCHITECTURAL STYLES FOOTNOTE(S): --- (9) --- Editor's note— Printed herein is the Form -Based Code of the City of Milton, Georgia, being Ordinance No. 12-06-136, as adopted on June 18, 2012. Amendments to the Form -Based Code are indicated by parenthetical history notes following amended sections. The absence of a history note indicates that the section remains unchanged from the original Form -Based Code ordinance. Obvious misspellings and punctuation errors have been corrected without notation. Additions made for clarity are indicated by brackets. (Back) - THE CODE OF THE Chapter 64 - ZONING ARTICLE XIX. - CRABAPPLE FORM-BASED CODE ARTICLE 1. GENERAL RZ14-12 – Text Amendment prepared for the City of Milton Mayor and City Council Meeting on 7/29/2014 August 4, 2014 (First Presentation) Page 2 ARTICLE 1. GENERAL 1.1 INTENT 1.2 CODE APPLICABILITY 1.3 TRANSECT ZONES AND SPECIAL DISTRICTS 1.4 PROCESS 1.5 WARRANTS AND VARIANCES 1.6 DENSITY CALCULATIONS 1.7 TRANSFER OF DEVELOPMENT RIGHTS 1.1 INTENT The intent and purpose of this code is to enable and support the implementation of the following policies: a. That Crabapple is an important center for high-quality, mixed-use development in the City of Milton as established in the Crabapple Visioning Study and the City of Milton 2030 Comprehensive Plan. b. That within Crabapple, ordinary activities of daily life should occur within walking or bicycling distance of most dwellings. c. That interconnected networks of thoroughfares should be designed to disperse traffic and reduce the length of automobile trips. d. That a range of housing options should be provided to accommodate different needs in the community. e. That development should be concentrated in areas served by existing infrastructure and discouraged in areas lacking it. f. That development patterns should enable children to walk or bicycle to school. g. That a range of open spaces including parks, squares, p laygrounds, and preserved rural areas should be distributed throughout Crabapple. h. That buildings and landscaping should contribute to the physical definition of thoroughfares as civic places. i. That development should adequately accommodate automobiles while respecting the pedestrian and the spatial form of public areas. j. That community design should reinforce safe environments, but not at the expense of accessibility. k. That architecture and landscape design should grow from the local climate, topography, history, and building practices. l. That civic buildings and public gathering places should be provided as locations that reinforce community identity and support self -governance. - THE CODE OF THE Chapter 64 - ZONING ARTICLE XIX. - CRABAPPLE FORM-BASED CODE ARTICLE 1. GENERAL RZ14-12 – Text Amendment prepared for the City of Milton Mayor and City Council Meeting on 7/29/2014 August 4, 2014 (First Presentation) Page 3 m. That civic buildings should be distinctive and appropriate to a role more important than the other buildings that constitute the fabric of the area. n. That the preservation and renewal of historic buildings should be facilitated. o. That the harmonious and orderly growth of Crabapple should be secured through form -based codes rather than traditional zoning. 1.2 CODE APPLICABILITY 1.2.1 Capitalized terms used throughout this code may be defined in Article 6 Definitions of Terms or Article 7 Architectural Styles. Article 6 contains regulatory language that is integral to this code. Those terms not defined in Article 6 and Article 7 shall be accorded their commonly accepted meanings. In the event of conflicts between these definitions and those of Section 64-1 of this zoning ordinance, those of this code shall take precedence when applied to the regulations found herein. 1.2.2 The metrics of Article 5 Standards and Tables are an integral part of this code. However, the diagrams and illustrations that accompany them should be considered advisory, with the exception of those in Table 12 Definitions Illustrated, which are legally binding. 1.2.3 Where in conflict, numerical metrics shall take precedence over graphic metrics. 1.2.4. The provisions of this code are intended to replace the previous requirements set forth in Chapter 64 of the Code of the City of Milton, unless otherwise indicated in this code. 1.3 TRANSECT ZONES AND SPECIAL DISTRICTS 1.3.1 The regulations set forth in this form-based code shall apply to all property located within the boundaries identified in the Crabapple Regulating Plan adopted concurrently herewith, which shall be kept on file with the Community Development Department, and which is hereby incorporated by reference. The Crabapple Regulating Plan shall also be shown on the Official Zoning Maps of the City of Milton, Georgia as an overlay district in compliance with Section 64-1026 of this zoning ordinance. 1.3.2 To reflect a variety of development patterns this code includes Transect Zones, Civic Zones, and Special Districts, the locations for which are set forth within the Crabapple Regulating Plan or an approved Infill Regulating Plan. 1.3.3 The standards for Transect Zones and Civic Zones shall be as s et forth in Articles 3, 4, and 5 of this code. 1.3.4 The standards for Transect Zone T4 shall also apply to zones T4 -Restricted and T4-Open except as specifically indicated. 1.3.5 Areas that, by their intrinsic character, cannot conform to the requirem ents of any Transect Zone are designated as Special Districts. Special Districts shall be governed by standards approved by the Mayor and City Council at the time of their designation as Special Districts, which standards may be specifically prepared for the particular Special District or may be the same standards as described elsewhere in this code if specifically identified by the Mayor and Council as being applied to the Special District Special Districts shall be governed by the standards of the base zo ning as indicated on the Crabapple Regulating Plan, except as otherwise specifically identified in Article 3. - THE CODE OF THE Chapter 64 - ZONING ARTICLE XIX. - CRABAPPLE FORM-BASED CODE ARTICLE 1. GENERAL RZ14-12 – Text Amendment prepared for the City of Milton Mayor and City Council Meeting on 7/29/2014 August 4, 2014 (First Presentation) Page 4 1.4 PROCESS 1.4.1 Projects that require no Variances or Warrants, or only Warrants, from the requirements of this code shall be processed administratively without further recourse to public consultation except as established below for the city design review board or the historic preservation commission, as applicable as set forth by Section 64-1120 or Article XVIII of this zoning ordinance. 1.4.2 Except as established below for historic districts, the city design review board, as set forth in Section 64- 1120 of this zoning ordinance, shall review all plans for development except detached single - family residential in this district for compliance with the standards herein prior to the approval of a land disturbance permit, building permit, or demolition permit for both residential and nonresidential structures. 1.4.3 Within historic districts or properties, the historic preservation commission, as set forth in Article XVII of this zoning ordinance, shall review plans for all development in this district for compliance with the standards herein prior to the approval of a land disturbance permit, building permit, or demolition permit for both residential and nonresidential structures. Where a site partially occupies a historic district, the historic preservation commission's review shall be limited to the portion within said district. 1.5 WARRANTS AND VARIANCES 1.5.1 There shall be two types of deviation from the requirements of this code: Warrants and Variances. Whether a deviation requires a Warrant or Variance shall be determined by the community development director except where specifically prescribed in this code. 1.5.2 A Warrant is a ruling that would permit a practice that is not consistent with a specific provision of this code but is justified by its intent. A Warrant shall be processed as an administrative variance under Section 64-1885 by the community development director. 1.5.3 Warrants relating to a physical element or metric of this code shall be based upon credible submitted evidence demonstrating that: a. Approval, if granted, would not offend the spirit or intent of this code as set forth in Section 1.1 Intent; b. There are such extraordinary and exceptional situations or conditions pertaining to the particular piece of property that the literal or strict application of this code would create an unnecessary hardship due to size, shape or topography or other extraordinary and exceptional situations or conditions not caused by the applicant; c. Relief, if granted would not cause a substantial detriment to the public good and surrounding properties; and d. That the public safety, health and welfare are secured, and that substantial justice is done. 1.5.4 Warrants relating to a use shall be based upon the considerations for use permits established in Section 64-1552. 1.5.5 A Variance is any ruling on a deviation other than a Warrant. A Variance shall be processed as a primary variance by the board of zoning appeals as described in Section 64-1888. 1.5.6 If a Warrant or Variance is requested in conjunction with an application for an Infill Regulating Plan, the mayor and city council shall process the requested warrants and variances as a concurrent variance. - THE CODE OF THE Chapter 64 - ZONING ARTICLE XIX. - CRABAPPLE FORM-BASED CODE ARTICLE 1. GENERAL RZ14-12 – Text Amendment prepared for the City of Milton Mayor and City Council Meeting on 7/29/2014 August 4, 2014 (First Presentation) Page 5 1.5.7 With respect to the review of Variances, the city design review board shall only make recommendations. 1.5.8 No Warrants or Variances may be issued for the following standards and requirements: a. The minimum Base Densities. (See Table 10 section a.) b. The permission to build Accessory Buildings. 1.6 DENSITY CALCULATIONS 1.6.1 All areas of a site shall be considered cumulatively the Gross Site Area. 1.6.2 Density shall be expressed in building units per acre as specified for each Transect Zone by Table 10 section a. 1.6.3 The maximum Density of a site shall be calculated by multiplying the Transect Zone's Density identified in Table 10 section a by the Gross Site Area. Where a site includes multiple Transect Zones, each shall be calculated independently. The area of new Thoroughfares and Civic Spaces on the site shall be allocated to the closest Transect Zone(s) on the site. Where a Thor oughfare or Civic Space adjoins multiple Transect Zones, their area shall be proportionally allocated to the adjoining zones. 1.6.4 Where a site is subdivided into lots, a lot's Density may exceed the Density of the Transect Zone within which it lies, provided that the maximum Density of the Transect Zone for the site as whole as established in Section 1.6.3 is not exceeded. 1.6.5 Building units shall be exchanged for Functions at the following rates as established in Table 8B: a. Residential: 1 dwelling unit for each building unit. b. Lodging: 2 guest rooms for each building unit. c. Office: 2,250 square feet for each building unit. d. Retail: 2,250 square feet for each building unit. e. Other: 2,250 square feet for each building unit. 1.6.6 Accessory Units do not count toward Density calculations. 1.6.7 Civic Buildings do not count towards Density calculations. 1.6.8 Senior housing units do not count toward Density calculations, but are subject to Density limitations established in Section 64-1834. 1.6.9 Contributing historic structures in a historic district or property do not count towards Density calculations. 1.6.10 The number of Building Units allowed on a site may be increased by two Building Units for every one parking space that meets one of the following conditions: a. Is located within a Parking Structure having two or more above-ground stories, including the ground level. b. Is located within a Parking Structure having one or more below-ground stories. - THE CODE OF THE Chapter 64 - ZONING ARTICLE XIX. - CRABAPPLE FORM-BASED CODE ARTICLE 1. GENERAL RZ14-12 – Text Amendment prepared for the City of Milton Mayor and City Council Meeting on 7/29/2014 August 4, 2014 (First Presentation) Page 6 c. Is available for exclusive use by off-site Retail, Restaurant, Civic, or Office Functions within a straight-line radius of 600 horizontal feet from the parking space to the public entrance of the establishment. Parking spaces meeting two or more of the above conditions shall only be considered as meeting one condition for the purpose of the Building Unit bonus. 1.6.11 The Base Density of a site may be increased by the Transfer of Development Rights (TDR) up to the amount specified for each zone by Table 10 section a subject to the provisions of Section 1.7 1.7 TRANSFER OF DEVELOPMENT RIGHTS 1.7.1 Purpose: The TDR mechanism is intended to encourage the voluntary redirection of future growth from areas where Milton wants reduced development into areas designated for development. Landowners can voluntarily choose to have their properties considered as either Open Space T DR Sending Sites or Park/Greenway TDR Sending Sites. Open Space TDR Sending Sites remain under private ownership subject to a conservation easement permanently limiting future development. Park/Greenway TDR Sending Sites are transferred from private owners hip to the City of Milton or otherwise secured for public access in a manner acceptable to the City. In return for voluntarily participating in the TDR program, private property owners receive Transferable Development Rights (TDRs) which can be transferred for use at designated TDR Receiving Sites. 1.7.2 TDR Sending Site Criteria a. Open Space TDR Sending Sites shall be a minimum of 5 acres in size, shall be zoned T2 within this district or AG-1 outside of this district and shall contain natural or agric ultural features whose retention would implement Milton's goals for maintaining significant environmental areas, rural character and open space. Parcels shall not qualify if the restrictions that would be imposed by a conservation easement have already bee n established by a preexisting easement or similar instrument. b. Park/Greenway TDR Sending Sites shall be a minimum of one acre in size, unoccupied by any residences or other improvements that would render the site unusable for public access and shall be designated as suitable for Park, Greenway, Civic Space, trail or other public recreational uses in a plan or code adopted by the City. Parcels in public ownership prior to the effective date of this code shall not qualify as TDR Sending Sites. However, parcels that the City buys for Parks and Greenways after the effective date of this code meet the criteria for Park/Greenway TDR Sending sites. 1.7.3 TDR Sending Site Approval Process a. Open Space TDR Sending Sites: Property owners may offer their land a s Open Space TDR Sending Sites using application forms provided by the community development department. If the community development director finds that the proposed property meets the criteria, he/she shall approve the application and oversee the execution and recordation of a permanent conservation easement, approved by the community development director, that limits future development of the sending site to a density of no more than one dwelling per parcel or one dwelling per full 25 acres, whichever De nsity is greater. The easement shall specify that all other uses, building requirements and activities shall be controlled by the provisions of the T2 zone for parcels within this district and the provisions of the AG-1 zoning district for parcels outside of this district. - THE CODE OF THE Chapter 64 - ZONING ARTICLE XIX. - CRABAPPLE FORM-BASED CODE ARTICLE 1. GENERAL RZ14-12 – Text Amendment prepared for the City of Milton Mayor and City Council Meeting on 7/29/2014 August 4, 2014 (First Presentation) Page 7 b. Park/Greenway TDR Sending Sites: Property owners may offer their land as Park/Greenway TDR Sending Sites using application forms provided by the community development department. If the property owner proposes to transfer title to Mil ton, the change of ownership shall pertain to the entire parcel. If the community development director finds that the proposed property meets the criteria for a Park/Greenway TDR Sending Site, he/she shall approve the application and submit the transfer of title to the City of Milton or an agency/organization authorized by the City Council for approval. A permanent public access easement approved by the community development director may be used instead of title transfer if the proposed easement would implement all preservation and public recreational goals for the site in question, subject to the approval of the City Council. This easement may apply to all or a portion of a single parcel as long as the portion subject to the easement is at least one acre in size. If a Park/Greenway TDR Sending Site is secured by easement rather than City ownership, the easement shall permanently prohibit all development, shall preclude any improvements that would impede site use for public purposes and shall specify that all other uses and activities will be controlled by the provisions of the T2 for parcels within this district or the provisions of the AG-1 zoning district for parcels outside the this district. 1.7.4 TDR Allocation a. Open Space TDR Sending Sites: Upon recordation of an approved conservation easement, the community development director shall deduct the area of land precluded from development by preexisting easements and issue TDRs to the owners of Open Space TDR Sending Sites using the following formula: i. One TDR per full acre of Unconstrained Land ii. Plus one TDR per four full acres of Constrained Land iii. Plus one TDR per each full five acres of land subtotaled under i. and ii. in excess of five acres b. Park/Greenway TDR Sending Sites: Upon title transfer or recordation of an approved public access easement, the community development director shall deduct the area of land precluded from development by preexisting easements and issue Transferable Development Rights to the owners of Park/Greenway TDR Sending Sites using the following two-step process. Step One: calculate the total number of TDRs produced by i, ii and iii below: i. One TDR per full acre of Unconstrained Land ii. Plus one TDR per four full acres of Constrained Land iii. Plus one TDR per each full five acres of land subtotaled under i. and ii. in excess of five acres Step Two: Multiply the total from Step One by a factor of 1.25 c. Civic Space TDR Sending Sites: Upon title transfer or recordation of an approved public access easement, the community development director shall deduct the area of land precluded from development by preexisting easements and issue Transferable Development Rights to the owners of Parks/Greenways TDR Sending Sites designated as suitable for Civic Spaces in an adopted plan or code using the following two-step process. - THE CODE OF THE Chapter 64 - ZONING ARTICLE XIX. - CRABAPPLE FORM-BASED CODE ARTICLE 1. GENERAL RZ14-12 – Text Amendment prepared for the City of Milton Mayor and City Council Meeting on 7/29/2014 August 4, 2014 (First Presentation) Page 8 Step One: calculate the total number of TDRs produced by i, ii and iii below: i. One TDR per full acre of Unconstrained Land ii. Plus one TDR per four full acres of Constrained Land iii. Plus one TDR per each full five acres of land subtotaled under i. and ii. in excess of five acres Step Two: Multiply the total from Step One by a factor of 1.5. 1.7.5 TDR Transfers: The community development director shall establish and administer a process for documenting and monitoring the issuance, transfer and permanent extinguishment of TDRs when they are used to increase density in a TDR Receiving Site developmen t. TDR Sending Site property owners who are issued TDRs may retain them, transfer them directly to TDR Receiving Site developers or transfer them to intermediaries who may also retain them or transfer them to TDR Receiving Site developers. The City of Milton may but is not obligated to buy, hold and resell TDRs. The City may also sever TDRs from land that it buys after the effective date of this ordinance for Parks and Greenways and sell these TDRs for use in TDR Receiving Site developments. The price paid for TDRs is determined by negotiation between TDR buyers and sellers. 1.7.6 TDR Receiving Sites: TDRs may be transferred to the TDR Receiving Sites designated by this code and any additional TDR Receiving Sites that may subsequently be designated by the City. TDR Receiving Site owners may build at or below the Base Densities established by code without any use of TDRs. However, owners who choose to do so may exceed the Base Densities and achieve the established maximum densities at the transfer ratio set forth in Section 1.7.7. 1.7.7 TDR Transfer Ratio: Pursuant to this code, developers of projects on TDR Receiving Sites may use the TDR to exceed Base Densities and achieve the maximum code -allowed Density at the transfer ratio of two building units per full TDR. Building Units shall be exchanged for Functions as set forth in Section 1.6.5. 1.7.8 Unified Sending/Receiving Site: A TDR Sending Site and a TDR Receiving Site may occur on a single parcel if the respective portions of the parcel meet all criteria. TDRs from the Sending Site portion of the parcel shall be allocated using the formula provided in 1.7.4 except TDRs shall not be granted open space and Greenway dedications that are required as a condition of site development. TDRs from the TDR Sending Site portion of the parcel may be transferred to the TDR Receiving Site portion of the parcel, transferred to a separate TDR Receiving Site or to any combination of on -site and off-site TDR Receiving Sites. 1.7.9 Compliance Requirements a. When the use of TDR results in divisions of land, TDR compliance shall occur prior to final subdivision map approval. b. When the use of TDR results in additional Density without a division of land, TDR compliance shall occur prior to building permit issuance. c. In no event shall any component of this TDR program have application to any TDR Sending Site or TDR Receiving Site outside the jurisdictional boundary of the City of Milton. - THE CODE OF THE Chapter 64 - ZONING ARTICLE XIX. - CRABAPPLE FORM-BASED CODE ARTICLE 2. REGULATING PLANS RZ14-12 – Text Amendment prepared for the City of Milton Planning Commission Meeting on 7/29/20147/29/20147/29/20147/18/2014 July 23, 2014 Page 9 ARTICLE 2. REGULATING PLANS 2.1 ARTICLE APPLICABILITY 2.2 INFILL REGULATING PLAN REQUIREMENTS 2.3 LANDSCAPE BUFFERS 2.1 ARTICLE APPLICABILITY 2.1.1 The geographic locations of the following shall be as set forth in the Crabapple Regulating Plan: a. Transect Zones b. Existing Civic Building Sites and Civic Spaces, and sites suitable for new Civic Spaces c. Thoroughfare network, existing and planned d. Special Districts e. Mandatory Private Frontages f. Mandatory Public Frontages along existing Thoroughfares 2.1.2 The Crabapple Regulating Plan is an exclusive and mandatory regulation and shall supersede and replace the previous zoning classifications. Property owners within the plan area shall submit Building Scale Plans under Article 4 of this code in accordance with the provisions of this code. 2.1.3 The owner of a parcel or abutting parcels in this overlay district may apply for a Warrant to adjust the locations of Thoroughfares from those shown in the Crabapple Regulating Plan by up to a total of 300 horizontal feet, provided that the interconnected network shown in the Crabappl e Regulating Plan is maintained. 2.1.4 The owner of a parcel or abutting parcels in this overlay district may initiate the preparation of an Infill Regulating Plan in accordance with Section 2.2 of this code. 2.2 INFILL REGULATING PLAN REQUIREMENTS 2.2.1 Approval of Infill Regulating Plans is pursuant to the procedures for rezoning as set forth in Article XIV in Chapter 64 of this zoning ordinance. 2.2.2 Infill Regulating Plans shall include one or more maps showing the following, in compliance with the standards described in this Article 2 of this code: a. Transect Zones b. Density by Transect Zone c. Civic Building Sites and Civic Spaces d. Thoroughfare network e. Special Requirements, if any - THE CODE OF THE Chapter 64 - ZONING ARTICLE XIX. - CRABAPPLE FORM-BASED CODE ARTICLE 2. REGULATING PLANS RZ14-12 – Text Amendment prepared for the City of Milton Planning Commission Meeting on 7/29/20147/29/20147/29/20147/18/2014 July 23, 2014 Page 10 f. Designation of a mandatory Setback for buildings from any lot line, if any g. Mandatory Private Frontages, if any h. Required landscape buffers adjacent to Special Districts, if any a. Mandatory Public Frontages along existing Thoroughfares b. Greenways, although their exact locations may vary provided the connections to adjacent sites shown in the Crabapple Regulating Plan are maintained. 2.2.4 Each Infill Regulating Plan for a site greater than 4 acres in area shall dedicate at least 5% of its total area to Civic Space. Civic Space shall be designed as gen erally described in Table 4 and as allowed in the Transect Zones in accordance with Table 10 section d. Greenways shall not be counted towards this requirement, except where they pass through a Civic Space meeting the requirements of Table 4. 2.2.5 The Thoroughfare network for the Infill Regulating Plan shall be designed to define Blocks not exceeding the size prescribed in Table 10 section b. The perimeter shall be measured as the sum of lot Frontage Lines of the Block. When one side of the Block perimet er is at the edge of a development parcel the maximum Block perimeter shall be subject to approval by Warrant. 2.2.6 All Thoroughfares shall terminate at other Thoroughfares, forming an interconnected network. Internal Thoroughfares shall connect wherever possible to those on adjacent sites. Cul-de-sacs are allowed only by Warrant to accommodate specific site conditions . 2.3 LANDSCAPE BUFFERS 2.3.1 The requirements of Section 64-237 shall not apply to property within this overlay district. 2.3.2 Adjacent to a Special District the following shall apply: a. For sites on 4 acres or less in area, a 50 foot wide undistur bed buffer, with a 10 foot improvement setback, shall be located adjacent to a Special District. b. For sites greater than 4 acres in area, a 75 foot wide undisturbed buffer, with a 10 foot improvement setback, shall be located adjacent to a Special District. 2.3.3 To make buffers seem natural, an equal mix of four species from Section 60 -88 Appendix R: Acceptable Evergreen Plant Material for Milton Undisturbed Buffers shall be used. 2.3.4 Modifications to the minimum buffer requirements shall be granted by Variance. - THE CODE OF THE Chapter 64 - ZONING ARTICLE XIX. - CRABAPPLE FORM-BASED CODE ARTICLE 3. PUBLIC STANDARDS RZ14-12 – Text Amendment prepared for the City of Milton Mayor and City Council Meeting on 7/29/2014 August 4, 2014 (First Presentation) Page 11 ARTICLE 3. PUBLIC STANDARDS 3.1 ARTICLE APPLICABILITY 3.2 THOROUGHFARES - VEHICULAR LANES 3.3 THOROUGHFARES - BICYCLE AND EQUESTRIAN FACILITIES 3.4 THOROUGHFARES - PUBLIC FRONTAGES 3.5 CIVIC ZONES 3.1 ARTICLE APPLICABILITY 3.1.1 All sites, including those in Special Districts, shall incorporate Thoroughfares and Civic Spaces as established in the Crabapple Regulating Plan or an approved Infill Regulating Plan. 3.1.2 Where no approved Infill Regulating Plan exists: a. Thoroughfares not shown in the Crabapple Regulating Plan may be permitted, provided that all Thoroughfares shall terminate at other Thoroughfares, forming an interconnected network. Cul-de-sacs are allowed only by Warrant to accommodate specific site conditions. b. Civic Spaces not shown in the Crabapple Regulating Plan may be provided. 3.1.3 Thoroughfares are intended for use by vehicular, bicycle, equestrian, and pedestrian traffic and to provide access to lots and Civic Spaces. Thoroughfares shall generally consist of Vehicular Lanes and Public Frontages. Bicycle Facilities and Equestrian Trails, where provided along a Thoroughfare, shall also be considered part of said Thoroughfare. 3.1.4 Thoroughfares and Civic Spaces shall be designed according to their Transect Zones. The Public Frontages of Thoroughfares that pass from one Transect Zone to another shall be adjusted so that the newer Thoroughfare's vehicular lane and parking assemblies and Public Frontages shall taper to meet those of the existing Thoroughfare. 3.1.5 Each lot shall Enfront a vehicular Thoroughfare or Civic Space, except that 20% of the lots within each Transect Zone may Enfront a Passage. 3.1.6 Standards for Thoroughfares within Special Districts shall be determined by the public works director, who may, at their discretion, require alternative standards if the public health, safety, and welfare demand. 3.1.7 Rear Alleys and Rear Lanes shall be provided where required by Table 10 section c. 3.1.8 Rear Alleys shall be paved for their width. 3.1.9 Rear Lanes may be paved lightly to driveway standards. Rear Lanes shall consist of gravel or landscaped edges, and have no raised Curb. - THE CODE OF THE Chapter 64 - ZONING ARTICLE XIX. - CRABAPPLE FORM-BASED CODE ARTICLE 3. PUBLIC STANDARDS RZ14-12 – Text Amendment prepared for the City of Milton Mayor and City Council Meeting on 7/29/2014 August 4, 2014 (First Presentation) Page 12 3.2 THOROUGHFARES - VEHICULAR LANES 3.2.1 Thoroughfares may include vehicular lanes in a variety of widths for parked and moving vehicles, and Bicycle Lanes. The standards for vehicular lanes shall be as shown in Table 2A, subject to approval of the public works director, who may require alternative standards if the public health, safety, and welfare demand. 3.3 THOROUGHFARES - BICYCLE AND EQUESTRIAN FACILITIES 3.3.1 A bicycle and equestrian network consisting of Greenways (which may include Multi -Use Trails and Equestrian Trails) and Bicycle Lanes shall be provided as specified in the Crabapple Regulating Plan. The bicycle network shall be connected to existing or proposed city and regional networks wherever possible. 3.3.2 Greenway requirements may be satisfied by providing a minimum 30 foot wide open space corridor in the approximate location shown on the Crabapple Regulating Plan, granting the City of Milton access easements for future Multi-Use Trails and Equestrian Trails, and payment to the City of Milton in lieu of the installation as set forth in Section 48-674 of the City Code. 3.4 THOROUGHFARES - PUBLIC FRONTAGES 3.4.1 General to zones T2, T3, T4, T5 a. The Public Frontage contributes to the character of the Transect Zone and includes Sidewalk, Curb, Planter, and trees. If a Greenway is located in what would otherwise be part of the Public Frontage then it shall also be considered part of the Public Front age. b. Public Frontages shall be designed as shown in Table 3A and Table 3B and allocated within Transect Zones as specified in Table 10 section c. c. Retrofit of existing thoroughfares shall be accomplished in the Public Frontage by widening Sidewalks, adding trees, adding public lighting, and adding Greenways. Where this occurs and there is insufficient right-of-way, the right-of-way shall be expanded or a public access easement provided to the City of Milton. Where the latter occurs, the Frontage Line will not be congruent with the right-of-way. d. Public lighting shall be provided as established in Section 4.11.2. e. Street trees shall be provided in the Public Frontage, subject to the following: i. Along State Route 372 street trees shall be placed and sized in accordance with the standards established by the Georgia Department of Transportation. ii. Along other Thoroughfares street trees shall be placed and sized in accordance with the standards established by the American Association of State High way and Transportation Officials. f. The maintenance of lights and trees shall be the responsibility of the adjacent property owner or as otherwise provided. 3.4.2 Specific to zones T2, T3 a. The Public Frontage shall include trees of various species, naturalistically clustered. - THE CODE OF THE Chapter 64 - ZONING ARTICLE XIX. - CRABAPPLE FORM-BASED CODE ARTICLE 3. PUBLIC STANDARDS RZ14-12 – Text Amendment prepared for the City of Milton Mayor and City Council Meeting on 7/29/2014 August 4, 2014 (First Presentation) Page 13 3.4.3 Specific to zones T3, T4, T5 a. Street trees shall be spaced a minimum of 30 and a maximum of 60 feet on-center. The spacing may be adjusted by Warrant for specific site conditions. b. The introduced landscape shall consist of durable species tolerant of soil compaction. 3.4.4 Specific to zone T4 a. Street trees shall be planted in a regularly-spaced Allee pattern of single or alternated species with shade canopies of a height that, at maturity, clears at least one Story. 3.4.5 Specific to zone T5 a. Street trees shall be planted in a regularly-spaced Allee pattern of single species with shade canopies of a height that, at maturity, clears at least one Story. At Retail Frontages, the spacing of the trees may be irregular, to avoid visually obscuring the Shopfronts. 3.4.6 Specific to Broadwell Road and Mayfield Road a. The requirements of specific Transect Zones and Special Districts notwithstanding, the Public Frontage shall include a Sidewalk with a minimum width of 8 feet and a Planter having a minimum width of 8 feet. Street trees shall be located in the Planter and spaced a minimum of 30 and a maximum of 60 feet on-center. The spacing may be adjusted by Warrant to accommodate specific site conditions. b. Where approved by the public works director, on-street parallel parking may be provided in lieu of the Planter. Where said parking is provided, a Planter having a minimum size of 7 by 10 feet and planted with one street tree shall still be provided between every two parking spaces. 3.4.7 Specific to Crabapple Road and Birmingham Highway, designated State Route 372. a. The standards identified for Broadwell Road and Mayfield Road shall also apply along Crabapple Road and Birmingham Highway, except as otherwise required by the Georgia Department of Transportation. 3.5 CIVIC ZONES 3.5.1 General a. Civic Zones are designated on the Crabapple Regulating Plan or Infill Regulating Plan as Civic Building Sites or Civic Spaces. 3.5.2 Civic Spaces a. Sites of more than 4 acres and not located within an Infill Regulating Plan shall dedicate at least 5% of their total area to Civic Space. Greenways shall not be counted towards this requirement, except where they pass through a Civic Space meeting the requirements of Table 4. b. Civic Spaces shall be designed as described in Table 4. c. Each Civic Space shall have a minimum of 50% of its perimeter Enfronting a Thoroughfare, except for Playgrounds and Parks. - THE CODE OF THE Chapter 64 - ZONING ARTICLE XIX. - CRABAPPLE FORM-BASED CODE ARTICLE 3. PUBLIC STANDARDS RZ14-12 – Text Amendment prepared for the City of Milton Mayor and City Council Meeting on 7/29/2014 August 4, 2014 (First Presentation) Page 14 d. Sites identified as suitable for Civic Spaces on the Crabapple Regulating Plan are not mandatory and are identified for TDR purposes only, as established in Section 1.7. - THE CODE OF THE Chapter 64 - ZONING ARTICLE XIX. - CRABAPPLE FORM-BASED CODE ARTICLE 4. BUILDING SCALE PLANS RZ14-12 – Text Amendment prepared for the City of Milton Mayor and City Council Meeting on 7/29/2014 August 4, 2014 (First Presentation) Page 15 ARTICLE 4. BUILDING SCALE PLANS 4.1 ARTICLE APPLICABILITY 4.2 NON-CONFORMING PROPERTIES 4.3 SPECIAL REQUIREMENTS 4.4 BUILDING PLACEMENT 4.5 BUILDING FORM 4.6 BUILDING FUNCTION 4.7 SCREENING AND FENCING 4.8 OFF-STREET PARKING AND LOADING 4.9 PARKING LOCATION STANDARDS 4.10 LANDSCAPE STANDARDS 4.11 LIGHTING STANDARDS 4.12 DRIVE THROUGH STANDARDS 4.13 GASOLINE STATION STANDARDS 4.14 SIGN STANDARDS 4.15 ARCHITECTURAL STANDARDS 4.1 ARTICLE APPLICABILITY 4.1.1 Lots and buildings shall be subject to the requirements of this Article 4 of this code. 4.1.2 Building and site plans submitted under this code shall show compliance with the following standards described in this code: a. For preliminary site and building approval: i. Building Placement ii. Building Form iii. Building Function iv. Public Frontages b. For final approval, in addition to the above: i. Landscaping ii. Signage iii. Special Requirements, if any iv. Architecture - THE CODE OF THE Chapter 64 - ZONING ARTICLE XIX. - CRABAPPLE FORM-BASED CODE ARTICLE 4. BUILDING SCALE PLANS RZ14-12 – Text Amendment prepared for the City of Milton Mayor and City Council Meeting on 7/29/2014 August 4, 2014 (First Presentation) Page 16 4.1.3 Special Districts shall be governed by the base zoning, as indicated on the Crabapple Reg ulating Plan. 4.1.3 Special Districts shall be governed by standards approved by the Mayor and City Council at the time of their designation as Special Districts, which standards may be specifically prepared for the particular Special District or may be the same standards as described elsewhere in this code if specifically identified by the Mayor and Council as being applied to the Special District, except as otherwise specifically identified in Article 3. 4.1.4 Civic Building Sites shall not be subject to the requirements of this code. The particulars of their design shall be determined by Warrant. Buildings housing Civic Functions that do not meet the definition of a Civic Building shall be subject to the requirements of this code. 4.2 NON-CONFORMING PROPERTIES 4.2.1 A property existing at the date of adoption of this code or any amendments thereto that does not conform to the provisions of this code or any subsequent amendment may continue in use as they are until a Substantial Modification is requested, at which time the community development director shall determine the provisions of this code that shall apply. 4.2.2 Lots existing at the time of adoption of this code shall not be considered non-conforming with regard to width. 4.2.3 The modification of existing buildings is permitted By Right if such changes result in greater conformance with the specifications of this code. 4.3 SPECIAL REQUIREMENTS 4.3.1 To the extent that the Crabapple Regulating Plan or an Infill Regulating Plan designates any of the following Special Requirements, these standards shall apply to said requirements: a. A mandatory Retail Frontage designation requires that a building provide a Shopfront at Sidewalk level along the entire length of its Private Frontage. The Shopfront shall be no less than 70% glazed in clear glass and shaded by an awning overlapping the Sidewalk as illustrated in Table 7. The first story shall be confined to Retail or Office use through the depth of the Second Layer. b. A mandatory Gallery Frontage designation requires that a building provide a permanent cover over the Sidewalk, either cantilevered or supported by columns (as generally illustrated in Table 7). A Gallery Frontage may be combined with a Retail Frontage. c. A mandatory Arcade Frontage designation requires that a building overlap the Sidewalk such that the first floor Façade is a colonnade (as illustrated in Table 7). The Arcade Frontage may be combined with a Retail Frontage. d. A Coordinated Frontage designation requires that the Public Frontage (Table 4a) and Private Frontage (Table 7) be coordinated as a single, coherent landscape and paving design. e. A Cross Block Passage designation requires that a minimum 8 foot wide pedestrian access be reserved between buildings. - THE CODE OF THE Chapter 64 - ZONING ARTICLE XIX. - CRABAPPLE FORM-BASED CODE ARTICLE 4. BUILDING SCALE PLANS RZ14-12 – Text Amendment prepared for the City of Milton Mayor and City Council Meeting on 7/29/2014 August 4, 2014 (First Presentation) Page 17 4.4 BUILDING PLACEMENT 4.4.1 Specific to zones T2, T3, T4, T5 a. Newly platted Lots shall be dimensioned according to Table 10 section e except as otherwise approved by Warrant. b. Building Placement types shall be as shown in Table 6 and Table 10 section h except as otherwise approved by Warrant. c. Buildings shall be placed in relation to the boundaries of their lots according to Table 10 and Table 12 except as otherwise approved by Warrant. d. One Principal Building at the Frontage, and one Outbuilding to the rear of the Principal Building, may be built on each Lot as shown in Table 12 except as otherwise approved by Warrant. e. Lot coverage by building shall not exceed that recorded in Table 10 section e except as otherwise approved by Warrant. f. Façades shall be built parallel to a rectilinear Principal Frontage Line or to the tangent of a curved Principal Frontage Line, and along a minimum percentage of the Frontage width at the Setback, as specified as Frontage Buildout on Table 10 section f except as otherwise approved by Warrant. g. Setbacks for Principal Buildings shall be as shown in Table 10 section f except as otherwise approved by Warrant. h. Rear Setbacks for Outbuildings shall be a minimum of 12 feet measured from the centerline of a Rear Alley or Rear Lane easement. In the absence of Rear Alley or Rear Lane, the rear Setback shall be as shown in Table 10. i. To accommodate slopes over 10%, relief from front Setback requirements of Table 10 is available by Warrant. j. To accommodate the preservation of specimen trees as established in the tree preservation ordinance, relief from all setbacks, lot widths, and lot coverage is available by Warrant. 4.4.2 Specific to zone T3 a. Where use of a lesser setback is permitted for projects utilizing TDR, the amount of TDR utilized within the T3 zone shall equal at least one Building Unit per gross acre multiplied by the area of said T3 zone. 4.4.3 Specific to zones T4 Open, T5 a. The Principal Entrance shall be on a Frontage Line. 4.5 BUILDING FORM 4.5.1 General to zones T2, T3, T4, T5 a. Buildings shall consist of simple rectangular forms. There shall be one primary volume with optional secondary volumes. Secondary volumes shall butt into the primary volume. The roof form of the primary volume shall clearly dominate. Secondary roof forms shall never - THE CODE OF THE Chapter 64 - ZONING ARTICLE XIX. - CRABAPPLE FORM-BASED CODE ARTICLE 4. BUILDING SCALE PLANS RZ14-12 – Text Amendment prepared for the City of Milton Mayor and City Council Meeting on 7/29/2014 August 4, 2014 (First Presentation) Page 18 dominate the composition, and shall not be taller than the primary, excluding masts, belfries, clock towers, chimney flues, water tanks, or elevator bulkheads. b. The maximum building size shall be as follows: i. The maximum building footprint shall be 18,000 square feet and the maximum overall building size shall be 36,000 square feet. ii. A group of two or more buildings that share at least one common wall will be considered as one building. c. The Private Frontage of buildings shall conform to Table 7 and Table 10. d. Buildings on corner Lots shall have two Private Frontages as shown in Table 12. Prescriptions for the Second and Third Layers pertain only to the Principal Frontage. Prescriptions for the First Layer pertain to both Frontages. e. Building heights shall conform to Table 5. f. Stories may not exceed 14 feet in height from finished floor to finished ceiling, except for a first floor Commercial or Civic Function, which shall be a minimum of 11 feet wi th a maximum of 25 feet. A single floor level exceeding 14 feet, or 25 feet at ground level, shall be counted as two stories. Mezzanines extending beyond 33% of the floor area shall be counted as an additional Story. g. A first level Residential Function may be raised a maximum of 6 feet from average Sidewalk grade unless a greater height is approved by Warrant. h. In a Parking Structure or garage, each above-ground level counts as a single Story regardless of its relationship to habitable Stories. i. Building height limits do not apply to Attics or raised basements, masts, belfries, clock towers, chimney flues, water tanks, or elevator bulkheads. Attics shall not exceed 14 feet in height. j. The habitable area of an Accessory Unit within a Principal Bui lding or an Outbuilding shall not exceed 440 square feet, excluding the parking area. k. The maximum number of attached Rowhouse units in a building shall be eight. 4.5.2 Specific to zone T3 a. No portion of the Private Frontage may Encroach the Sidewalk. b. Open porches may Encroach the First Layer for 50% of the layer's depth. c. Balconies and bay windows may Encroach the First Layer for 25% of the layer's depth except that balconies on porch roofs may Encroach as does the porch. 4.5.3 Specific to zone T4 a. Balconies, open porches and bay windows may Encroach the First Layer for 50% of the layer's depth. 4.5.4 Specific to zone T5 a. Except where prohibited, Awnings, Arcades, and Galleries may Encroach the Sidewalk to within 2 feet of the Curb but must clear the Sidewalk vertically by at least 8 feet. - THE CODE OF THE Chapter 64 - ZONING ARTICLE XIX. - CRABAPPLE FORM-BASED CODE ARTICLE 4. BUILDING SCALE PLANS RZ14-12 – Text Amendment prepared for the City of Milton Mayor and City Council Meeting on 7/29/2014 August 4, 2014 (First Presentation) Page 19 b. Maximum Encroachment heights (Extension Lines) for Arcades shall be as shown on Table 8A. c. Stoops, Lightwells, balconies, bay windows, and terraces may Encroach the First Layer for 100% of the layer's depth. d. In the absence of a building Façade along any part of a Frontage Line, a Streetscreen shall be built co-planar with the Façade. e. Streetscreens shall be between 3.5 and 8 feet in height. The Streetscreen may be replaced by a hedge or fence by Warrant. Streetscreens shall have openings no larger than necessary to allow automobile and pedestrian access. f. A first level Residential or Lodging Function shall be raised a minimum of 2 feet from average Sidewalk grade unless a lesser height is approved by Warrant to allow wheelchair access. g. Along Crabapple Road, Broadwell Road, Birmingham Highway, and Mayfield Road Shopfronts are required on the ground floor and corner buildings should be Chamfered. 4.5.5 Galleries and Arcades shall be prohibited along Crabapple Road, Broadwell Road, Birmingham Highway, and Mayfield Road. 4.6 BUILDING FUNCTION 4.6.1 General to all zones T2, T3, T4, T5 a. Buildings in each Transect Zone shall conform to the Functions on Table 8A, Table 9 and Table 10. Functions that do not conform shall require approval by Use Permit or Warrant as specified on Table 9. 4.6.2 Specific to zones T2, T3 a. Accessory Functions of Restricted Lodging or Restricted Office shall be permitted within an Accessory Building. See Table 8A. 4.6.3 Specific to zone T4-Restricted a. Lodging, Office, and Retail Functions shall be prohibited. 4.6.4 Specific to zone T4-Open a. The Function standards of T5 shall apply. See Table 8A. 4.6.5 Specific to zones T4, T5 a. Accessory Functions of Limited Lodging or Limited Office shall be permitted within an Accessory Building. See Table 8A. 4.6.6 Specific to zone T5 a. Industrial Functions within the First Layer may be permitted by Variance. 4.7 SCREENING AND FENCING 4.7.1 Fences, walls and hedges shall be subject to the following: - THE CODE OF THE Chapter 64 - ZONING ARTICLE XIX. - CRABAPPLE FORM-BASED CODE ARTICLE 4. BUILDING SCALE PLANS RZ14-12 – Text Amendment prepared for the City of Milton Mayor and City Council Meeting on 7/29/2014 August 4, 2014 (First Presentation) Page 20 a. Where permitted within the first Layer, fences, walls and hedges shall not exceed 42 inches in height. Retaining walls are excluded from this requirement. b. In all other locations fences and walls shall not exceed 5 feet in height and shall be at maximum of 50% opaque above 42 inches in height. This requirement shall not apply to fences and walls screening refuse areas. c. Allowed fencing material shall be three or four board wooden fencing with wood posts in the First Layer. d. Opaque fences are prohibited in the First Layer. e. Chainlink fencing is prohibited from public view. All chainlink fence shall be black vinyl clad. f. Retaining walls shall be faced with stone and brick only. Retaining walls above three feet high shall have a continuous planting of evergreens in front of them. 4.7.2 Loading docks and service areas shall be screened from view of a ny Thoroughfare of Civic Space by either: a. A minimum 6 foot high opaque fence matching the material of the building; or b. A 15 foot wide landscape strip planted with a continuous hedge of evergreen shrubs. Shrubs shall be moderately growing, be a minim um height of 42 inches at time of planting, and reach a minimum height of 6 feet within two years of planting. 4.7.3 Refuse areas (dumpsters) shall be placed in the least visible location from public streets, and shall be enclosed pursuant to rules of th e Fulton County Health Department. Enclosures shall be constructed of the same exterior wall material used for the Principal Building. The enclosure shall be one foot higher than what is contained in the interior. The door enclosing the area shall be made out of wood or a material that has the appearance of wood. 4.7.4 Mechanical features such as HVAC condensers, electrical transformers, heat pumps, and similar features shall not be placed in the First Layer and shall be screened from view of any Thorough fare, Civic Space, or any property zoned, used, or developed for Residential Functions, by one of the following means: a. Placement behind the building; b. 100% opaque fencing which shall be constructed of the same type of exterior material used for the Principal Building; or c. By a berm or vegetative screening. The screening shall consist of evergreen shrubs, be a minimum of 42 inches in height at time of planting, and reach a minimum height of 6 feet within two years or planting. 4.7.5 Detention ponds shall have a minimum 10 foot wide landscape strip planted to buffer standards with evergreen plantings exterior to any required fence and or required access area. 4.8 OFF-STREET PARKING AND LOADING 4.8.1 Off-street parking and loading shall be provided in accordance with Article VII of this zoning ordinance. - THE CODE OF THE Chapter 64 - ZONING ARTICLE XIX. - CRABAPPLE FORM-BASED CODE ARTICLE 4. BUILDING SCALE PLANS RZ14-12 – Text Amendment prepared for the City of Milton Mayor and City Council Meeting on 7/29/2014 August 4, 2014 (First Presentation) Page 21 4.8.2 Subject to the approval of the director of the community development department by Warrant, off - street parking as required by Article VIII may be reduced and shared parking among uses may be permitted. 4.8.3 On-street parking along the parking lane corresponding to the Lot Frontage shall be used to satisfy the parking requirements for Residential Functions. 4.8.4 All Office, Lodging, Retail, Civic, and Education Functions, and Apartment Buildings shall provide a minimum of one bicycle rack to accommodate a minimum of one bicycle space for every ten vehicular parking spaces. Said rack(s) shall be located within the Public or Private Frontage. 4.9 PARKING LOCATION STANDARDS 4.9.1 General to zones T2, T3, T4, T5 a. Parking shall be accessed by Rear Alleys or Rear Lanes, when such are available or required. b. Open parking areas shall be masked from the Frontage by a Building or Streetscreen. 4.9.2 Specific to zones T2, T3 a. Open parking areas shall be located at the Second and Third Layers, except that Driveways, drop-offs and unpaved parking areas may be located at the First Layer. b. Garages shall be located at the Third Layer except that side- or rear-entry types may be allowed in the First or Second Layer by Warrant. 4.9.3 Specific to zones T3, T4 a. Driveways at Frontages shall be no wider than 10 feet in the First Layer. (Table 2B.f) 4.9.4 Specific to zone T4 a. All parking areas and garages shall be located at the Second or Third Layer. 4.9.5 Specific to zones T4-Open, T5 a. All parking lots, garages, and Parking Structures shall be located at the Second or Third Layer. b. Vehicular entrances to parking lots, garages, drive-throughs, and Parking Structures shall be no wider than 12 feet for one-way access and 24 feet for two-way access at the Frontage. c. Pedestrian exits from all parking lots, garages, and Parking Structures shall be directly to a Frontage Line (i.e., not directly into a building) except underground levels which may exit directly into a building. d. Parking Structures shall have Liner Buildings lining all stories. 4.10 LANDSCAPE STANDARDS 4.10.1 General to zones T2, T3, T4, T5 - THE CODE OF THE Chapter 64 - ZONING ARTICLE XIX. - CRABAPPLE FORM-BASED CODE ARTICLE 4. BUILDING SCALE PLANS RZ14-12 – Text Amendment prepared for the City of Milton Mayor and City Council Meeting on 7/29/2014 August 4, 2014 (First Presentation) Page 22 a. Impermeable surface shall be confined to the ratio of Lot coverage specified in Table 10 section e. b. Walkways shall be surfaced in decorative pavers, concrete, brick, stone, or decorative gravel that is contained and on a compacted base. c. Thick flagstone stepping-stones are permitted. d. Concrete shall be broken up with banding a maximum of 20 inches apart. Banding shall be achieved through the use of contrasting materials or texture. e. Stamped concrete is prohibited. 4.10.2 Specific to zones T2, T3, T4 a. The First Layer shall be landscaped with live grass, trees, shrubs, hedges and other landscaping materials approved by the city arborist and shall not be paved, with the exception of Driveways as specified in Section 4.9.2 and Section 4.9.3. 4.10.3 Specific to zone T3 a. A minimum of two trees approved by the city arborist shall be planted within the first Layer for each 30 feet of Frontage Line or portion thereof. b. Trees shall be naturalistically clustered. 4.10.4 Specific to zone T4 a. A minimum of one tree approved by the city arborist shall be planted within the first Layer for each 30 feet of Frontage Line or portion thereof. b. Trees shall be a single species to match the species of Street Trees on the Public Frontage. 4.10.5 Specific to zone T5 a. Trees shall not be required in the first Layer. b. The first Layer may be paved to match the pavement of the Public Frontage. 4.10.6 The following non-native invasive species shall not be planted anywhere in this district: a. Ailanthus altissima (tree-of-heaven) b. Albizia julibrissin (mimosa) c. Alternanthera philoxeroides (alligator weed) d. Eichhornia crassipes (water hyacinth) e. Elaegnus pungens (thorny olive) f. Elaeagnus umbellate (autumn olive) g. Hedera helix (English ivy) h. Hydrilla verticillata (hydrilla) i. Imperata cylindrical (congongrass) j. Lespedeza bicolor (shrubby lespedeza) - THE CODE OF THE Chapter 64 - ZONING ARTICLE XIX. - CRABAPPLE FORM-BASED CODE ARTICLE 4. BUILDING SCALE PLANS RZ14-12 – Text Amendment prepared for the City of Milton Mayor and City Council Meeting on 7/29/2014 August 4, 2014 (First Presentation) Page 23 k. Lespedeza cuneata (sericea Lespedeza) l. Ligustrum japonicum (Japanese privet) m. Ligustrum sinense (Chinese privet) n. Lonicera japonica (Japanese honeysuckle) o. Lonicera maackii (amur honeysuckle) p. Lygodium japonicum (Japanese climbing fern) q. Melia azedarach (chinaberry) r. Microstegium vimineum (Nepalese browntop) s. Miscanthus sinensis (Chinese silvergrass) t. Murdannia keisak (marsh dayflower) u. Nandina domestica (sacred bamboo) v. Paulownia tomentosa (princess tree) w. Phyllostachys aurea (golden bamboo) x. Pueraria Montana var. lobata (kudzu) y. Rosa multiflora (multiflora rose) z. Sesbania herbacea (bigpod sesbania) aa. Sesbania punicea (red sesbania) bb. Spiraea japonica (Japanese spiraea) cc. Triadica sebifera (Chinese tallow tree) dd. Vinca major (big periwinkle) ee. Vinca minor (common periwinkle) ff. Wisteria sinensis (wisteria) 4.11 LIGHTING STANDARDS 4.11.1 Parking lot lighting shall meet the following standards: a. Light posts shall not exceed a height of 20 feet from finished grade. b. Light posts shall have curved arms to focus light downward. Up to two arms are permitted per post. c. Light fixtures shall have the light cut off below 90 degrees and the beam shall be cut off at 75 degrees. d. Post arm style shall be Shepherd's Crook. 4.11.2 Public pedestrian lighting shall meet the following standards: a. Light posts shall not exceed a height of 15 feet from finished grade. b. Post styles shall be pole-top, bollard, or Shepard's Crook. - THE CODE OF THE Chapter 64 - ZONING ARTICLE XIX. - CRABAPPLE FORM-BASED CODE ARTICLE 4. BUILDING SCALE PLANS RZ14-12 – Text Amendment prepared for the City of Milton Mayor and City Council Meeting on 7/29/2014 August 4, 2014 (First Presentation) Page 24 4.11.3 Posts shall include a taper, either in their transition downward from post to decorative shaft (base), or upward to ballast housing, or both. 4.11.4 Shoe box and cobra style lights are prohibited. 4.11.5 Light housings and posts shall be a dark color/material and be nonreflective. 4.11.6 Sodium vapor, exterior neon, and colored lights are prohibited. 4.11.7 Only fluorescent, metal halide, shrouded spots, and walkway lights are allowed. 4.11.8 Exterior area illumination shall not exceed an average of 2 footcandles of light. 4.11.9 Light trespass (spill light) onto an adjacent zone T2, T3, T4, T4-Restricted, Special District, or Civic Space property line shall not exceed 0.1 footcandle vertical at 3 feet above grade. 4.11.10 Building exterior light fixtures shall meet the following standards: a. Building-mounted lighting fixtures shall have a 45 degree light cutoff. b. Light fixtures shall match style of architecture or shall be inconspicuous in nature. Outbuildings shall have a minimum of one one-photocell fixture on their alley elevation. c. Each Enfronting Residential unit shall have two sconces or two 4 inch diameter recessed can lights (Clear Alzak or slotted opening) with a maximum 40 watt incandescent bulb or 450 lumens equivalent. 4.12 DRIVE THROUGH STANDARDS 4.12.1 Drive-through service canopies shall be pitched at an angle and use materials matching the roof of the Principal Building. 4.12.2 Drive-through facilities and all associated vehicular queuing shall be located at the rear of the Principal Building if feasible, but shall be located at the side if not feasible. 4.12.3 Vehicular access to a drive-through should be from mid-block or from a Rear Alley to avoid disrupting pedestrian traffic. If a Driveway is necessary it shall be no more than 24 feet wide. 4.12.4 Drive-through facilities shall be considered accessory structures to a building and shall be only allowed by use permit as set forth in Table 9. 4.13 GASOLINE STATION STANDARDS 4.13.1 Gasoline station canopies and pumps: a. Shall be located to the side or rear of the Principal Building. b. Pump canopies shall be located at least 50 feet from any interior side or rear property line that adjoins a Residential Function. c. Shall be buffered from adjoining Residential Functions with a Streetscreen. 4.13.2 A conforming Principal Building is required and shall be a minimum floor area of 1,600 square feet. - THE CODE OF THE Chapter 64 - ZONING ARTICLE XIX. - CRABAPPLE FORM-BASED CODE ARTICLE 4. BUILDING SCALE PLANS RZ14-12 – Text Amendment prepared for the City of Milton Mayor and City Council Meeting on 7/29/2014 August 4, 2014 (First Presentation) Page 25 4.13.3 Lighting shall be shielded to direct light and glare only onto the lot or parcel where the gas/fueling station is located and shall be in accordance with Section 4.11.9. 4.14 SIGN STANDARDS 4.14.1 The provisions of Section 64-2325 shall apply in areas regulated by this code. 4.14.2 The provisions of Section 64-2325 to the contrary notwithstanding, no freestanding sign shall be located within the First Layer in zone T5 unless approved by Variance. Sandwich boards shall be exempt from this restriction. 4.15 ARCHITECTURAL STANDARDS 4.15.1 The following architectural standards shall apply to all buildings unless otherwise approved by Warrant by the community development director after consultation with the city architect. 4.15.2 All buildings, except single-family detached residential, shall be designed in one of the following styles as defined in Article 7 Architectural Styles: a. Vernacular b. Greek Revival c. Italianate d. Gothic e. Queen Anne f. Colonial Revival g. Adams/Federal 4.15.3 Single-family residential buildings shall be designed in one of the styles set forth in Section 4.15.2 by-right, or in a simplified interpretation thereof by Warrant. Notwithstanding the provisions of section 1.5.3, in considering whether to approve a Warrant with respect to architectural standards for single- family residential buildings, the community development director shall determine that the building design, while not strictly in accordance with the style requirements, meets the intent set forth in S ection 1.1 and will not adversely affect adjacent properties or the public health, safety, and welfare. 4.15.4 Buildings with a Shopfront, Gallery, or Arcade Private Frontage may utilize one of the styles identified in Section 4.15.2 wherein conformance is achieved through the use of stylistic architectural details. 4.15.5 Except within a designated historic district, compliance with Sections 4.15.2 and 4.15.3 shall be as determined by the community development director following comment from the city a rchitect or city design review board, as applicable. 4.15.6 Exterior Walls a. Technical and aesthetic requirements i. Wall finishes on sides of individual buildings seen from a public road shall be the same on all visible sides; architecturally signific ant portions must conform; - THE CODE OF THE Chapter 64 - ZONING ARTICLE XIX. - CRABAPPLE FORM-BASED CODE ARTICLE 4. BUILDING SCALE PLANS RZ14-12 – Text Amendment prepared for the City of Milton Mayor and City Council Meeting on 7/29/2014 August 4, 2014 (First Presentation) Page 26 appendages or secondary wings may assume a differing finish according to visibility and architectural merit. ii. Wood shingles shall be level at the bottom edge. Corners shall be mitered. Decorative novelty shapes are prohibited. iii. Trim shall be consistent on all sides of the building; the primary building mass or the Façade may be further embellished or enhanced. iv. Service wings may be expressed in a more simplistic manner, but shall exhibit clear design intent. b. Materials i. No more than three different exterior materials, exterior colors, or any combination thereof may be used on a single building, not including windows, doors, porches, balconies, foundations, and architectural details. ii. Materials may be combined on exterior walls only horizontally, with the heavier below the lighter. iii. Exterior material shall be limited to brick, natural stone, clapboard, board and batten, hard-coat stucco, or wood shingles. iv. Vinyl or aluminum siding, and synthetic stone veneer are prohibited. v. Stone, brick, and mortar color and style shall match building style. vi. Hard-coat stucco shall be a 3-coat plaster finish, integral finish, applied on brick or concrete block; control joints shall be concealed where possible. vii. Clapboards and board and battens shall be wood or cementitious board. Hardi board shall have a 4 inch maximum exposure, while Artisan series Hardi board or full three - quarter inch wood siding may have up to an 8 inch lap. False wood graining is prohibited. viii. Wood shingles shall be level at the bottom edge. 4.15.7 Roofs a. Technical and aesthetic requirements i. The roof slope on a single mass shall be the same on all sides, except for cat -slides and sheds. ii. Roof slopes shall match building style. iii. Vents and stacks shall be painted to match the roof material and hidden from view to the extent possible. iv. Overhangs that shed water within 5 feet of an adjacent lot shall be guttered or piped, and diverted away from adjacent lots. b. Materials i. Materials shall be wood shingles, wood shakes, standing-seam paint grip galvanized metal, slate or asphalt shingles (architectural weathered, wood, or classic green or red), or concrete simulated slate or wood shingles. - THE CODE OF THE Chapter 64 - ZONING ARTICLE XIX. - CRABAPPLE FORM-BASED CODE ARTICLE 4. BUILDING SCALE PLANS RZ14-12 – Text Amendment prepared for the City of Milton Mayor and City Council Meeting on 7/29/2014 August 4, 2014 (First Presentation) Page 27 ii. Gutters may be ogee shall either be or half-round with round downspouts, metal-lined wood, or architecturally formed or molded. Gutter finishes may be copper, unpainted galvanized metal, or color to resemble galvanized metal. iii. Wood shingles shall not drain onto metal roofs. 4.15.8 Foundations a. Foundations shall be constructed of poured concrete or concrete masonry units. b. Foundations may be finished with smooth stucco, brick, or stone. c. Front porches of wood shall be supported on masonry piers finished in smooth stucco, masonry, brick, or stone. Piers shall have a minimum width of 18 inches and a minimum depth of 8 inches. 4.15.9 Windows a. The provision of windows shall match building style. b. Technical and aesthetic requirements i. Windows and casings shall match building style. ii. Windows shall not be omitted on Elevations. iii. Window sills shall have a minimum depth of 1.5 inches. iv. Ganged windows and bays shall have a continuous sill and 4 inch mulls minimum. v. Grill between glass, reflective glazing, and pop-in grills are prohibited. vi. Windows shall be True Divided Lite or Simulated Divided Lite. c. Materials i. Windows shall have sash with a minimum face width of 2 inches; the dimension of the glass surface to sash and muntin face shall be a minimum of 0.75 inch. ii. Non-glass exterior window components shall be faced in wood, clad wood, or polymer materials, and said materials shall be paint grade or pre finished. 4.15.10 Doors and windows that operate as sliders are prohibited along Frontages. 4.15.11 Doors a. Technical and aesthetic requirements i. Doors and casings shall match building style. ii. Exterior front doors or doors visible from a public way, shall be hardwood, and may be stained or painted. b. Materials i. Plastic laminated, stamped metal, and leaded/beveled glass doors are prohibited. Tropical hardwoods are prohibited unless Forest Stewardship Council certified. ii. Exterior doors shall be a durable, stable wood or clad in wood. Heart pine, wormy chestnut, walnut, cypress, pecan, are acceptable varieties. - THE CODE OF THE Chapter 64 - ZONING ARTICLE XIX. - CRABAPPLE FORM-BASED CODE ARTICLE 4. BUILDING SCALE PLANS RZ14-12 – Text Amendment prepared for the City of Milton Mayor and City Council Meeting on 7/29/2014 August 4, 2014 (First Presentation) Page 28 iii. Garage doors shall be wood, composite, or metal. Faux strap hinges, embellishments , standard paneled doors, and arched glass panels shall be prohibited. 4.15.12 Shutters a. Shutter design shall match building style. b. Shutters shall be solid-core polymers or durable hardwoods. c. Vinyl, nail-on, false wood graining, and pre-finished shutters are prohibited. d. Shutters shall be authentic, fully operable, and capable of totally closing over the window sash. Plank or louver shutters are acceptable. The minimum thickness of shutters shall be 1.25 inches. e. Shutters shall occur in pairs, except that windows narrower than 3 feet may utilize a single shutter. 4.15.13 Crawl space vents shall match building style. 4.15.14 Chimneys a. Chimneys shall be proportioned, tapered, and shall match building style. b. Stacks shall be faced in smooth integral finish stucco, brick, stone, or detailed as exposed metal flues. c. Siding or stucco board is prohibited as a finish material for chimneys. 4.15.15 Porches and balconies a. Technical and aesthetic requirements i. Columns shall match building style. ii. Classical columns shall be architecturally correct. iii. Railings shall be simple pickets or fretwork centered on rails. b. Materials i. Porch floors shall be wooden, brick, or stone, and shall rest on masonry pier s finished in brick, stone, or smooth stucco. ii. Porch ceilings shall be beaded nominal 1 by 4 inch or 1 by 6 inch, flush boards, tongue and groove boards, or exterior gypsum board with decorative nominal 1 by 4 inch or 1 by 6 inch shallow coffers or strips. iii. Plywood ceilings, with or without beads, are prohibited. iv. Areas between porch piers, if left open, shall be in-filled with custom wood lattice, wood louvers, brick lattice, or wire mesh planted with vines, and shall match building style. The opening is not required to be in-filled if the distance from grade to bottom of floor structure is less than one foot. v. Columns shall be wood, resin material, or masonry. vi. Sheet metal and foam columns are prohibited. vii. Railing systems shall be painted wood, iron, or masonry. viii. Synthetic and prefabricated railing systems are prohibited. - THE CODE OF THE Chapter 64 - ZONING ARTICLE XIX. - CRABAPPLE FORM-BASED CODE ARTICLE 4. BUILDING SCALE PLANS RZ14-12 – Text Amendment prepared for the City of Milton Mayor and City Council Meeting on 7/29/2014 August 4, 2014 (First Presentation) Page 29 ix. Plain, round tapered, fretwork, and straight pickets are permitted. x. Precast classical balusters and ornate spindle work are prohibited; 4.15.16 Trim a. Trim shall match building style. i. Trim shall be consistent on all sides of building masses, with emphasis on the primary building mass and façade. ii. Trim for wings not along a Frontage may be simplified to match building style. b. Materials i. Trim shall be of wooden or synthetic planks with enough thickness to conceal the edge of the siding. When used on buildings clad in horizontal siding, corner boards, casings, frieze boards, and similar architectural details shall be 1.25 inch thick material. ii. Pressure treated trim is prohibited. iii. All trim shall be dressed. - THE CODE OF THE Chapter 64 - ZONING ARTICLE XIX. - CRABAPPLE FORM-BASED CODE ARTICLE 6. DEFINITION OF TERMS RZ14-12 – Text Amendment prepared for the City of Milton Mayor and City Council Meeting on 7/29/2014 August 4, 2014 (First Presentation) Page 30 ARTICLE 6. DEFINITION OF TERMS DEFINITIONS 6.1.1 This SectionArticle provides definitions for terms in this code that are technical in nature or that otherwise may not reflect a common usage of the term. If a term is not defined in this Article Section or in Section 64-1 of this zoning ordinance, then the community development director shall determine the correct definition. Items in italics refer to Articles, Sections, or Tables in the this code. Accessory Building: an Outbuilding with an Accessory Unit. Accessory Unit: a small Apartment sharing ownership and utility connections with a Principal Building; it may or may not be within an Outbuilding. See Table 8A and Table 12. (Syn: ancillary unit) Allee: a regularly spaced and aligned row of trees usually planted along a Thoroughfare or Path. Arcade: a Private Frontage conventional for Retail use wherein the Façade is a colonnade supporting habitable space that overlaps the Sidewalk, while the Façade at Sidewalk level remains at the Frontage Line. Avenue (AV): a Thoroughfare of high vehicular capacit y and low to moderate speed, acting as a short distance connector between urban centers, and usually equipped with a landscaped median. Backbuilding: a single-Story structure connecting a Principal Building to an Outbuilding. See Table 12. Base Density: the number of building units per acre before use of TDR. See Density. Bicycle Lane (BL): a dedicated lane for cycling within a moderate-speed vehicular Thoroughfare, demarcated by striping and having a minimum width of 5 feet. Bicycle Route (BR): a Thoroughfare suitable for the shared use of bicycles and automobiles moving at low speeds. Block: the aggregate of private Lots, Passages, Rear Alleys and Rear Lanes, circumscribed by Thoroughfares. Block Face: the aggregate of all the building Façades on one side of a Block. Boulevard (BV): a Thoroughfare designed for high vehicular capacity and moderate speed, traversing an Urbanized area. Boulevards are usually equipped with Slip Roads buffering Sidewalks and buildings. By Right: characterizing a proposal or component of a proposal for a Building Scale Plan (Article 4) that complies with the code and is permitted and processed administratively, without public hearing. See Warrant and Variance. Chamfered: a condition where a small exterior wall plane at a building corner has been formed when the planes of the two adjacent walls are cut away, usually at an angle of 45 degrees. City Architect: a registered architect retained or employed by the City of Milton to support the community development director in reviewing development for compliance with the requirements of this code. - THE CODE OF THE Chapter 64 - ZONING ARTICLE XIX. - CRABAPPLE FORM-BASED CODE ARTICLE 6. DEFINITION OF TERMS RZ14-12 – Text Amendment prepared for the City of Milton Mayor and City Council Meeting on 7/29/2014 August 4, 2014 (First Presentation) Page 31 Civic: the term defining not-for-profit organizations dedicated to arts, culture, education, recreation, government, transit, and municipal parking. Civic Building: a building operated by a city, county, state, or federal government. Civic Building Sites: a parcel containing a Civic Building. Civic Space: an outdoor area dedicated for public use. Civic Space types are defined by the combination of certain physical constants including the relationships among their intended use, their size, their landscaping and their Enfronting buildings. See Table 4. Civic Space TDR Sending Site: A Park/Greenway TDR Sending Site designated as Civic Space in an adopted plan or code and therefore assigned a higher TDR allocation factor than other Park/Greenway TDR Sending Sites but treated as a Park/Greenway TDR Sending Site in all other respects. Civic Zone: designation for sites dedicated for Civic Building Sites and Civic Spaces. Code: Article XIX of Chapter 64 of the Code of the City of Milton. Commercial: the term collectively defining workplace, Office, Retail, and Lodging Functions. Common Yard: a planted Private Frontage wherein the Façade is set back from the Frontage line. It is visually continuous with adjacent yards. See Table 7. Configuration: the form of a building, based on its massing, Private Frontage, and height. Constrained Land: includes the area occupied by lakes, streams, wetlands, buffers, landfills and all other land so determined by the community development director. Cottage: an Edgeyard building type. A single-family dwelling, on a regular Lot, often shared with an Accessory Building in the back yard. Courtyard Building: a building that occupies the boundaries of its Lot while internally defining one or more private patios. See Table 7. Curb: the edge of the vehicular pavement that may be raised or flush to a swale. It u sually incorporates the drainage system. See Table 3A and Table 3B. District: property located within the boundaries identified in the Crabapple Regulating Plan adopted concurrently herewith, which shall be kept on file with the Community Development Depa rtment, and which is hereby incorporated by reference. Density: the number of buildings units within a standard measure of land area. Design Speed: is the velocity at which a Thoroughfare tends to be driven without the constraints of signage or enforcement. There are three ranges of speed: Low: (25 MPH); Moderate: (25 -35 MPH); High: (above 35 MPH). Lane width is determined by desired Design Speed. See Table 2A. Dooryard: a Private Frontage type with a shallow Setback and front garden or patio, usually wit h a low wall at the Frontage Line. See Table 7. (Variant: Lightwell, light court.) Drive: a Thoroughfare along the boundary between an Urbanized and a natural condition, usually along a waterfront, Park, or promontory. One side has the urban character of a Thoroughfare, with - THE CODE OF THE Chapter 64 - ZONING ARTICLE XIX. - CRABAPPLE FORM-BASED CODE ARTICLE 6. DEFINITION OF TERMS RZ14-12 – Text Amendment prepared for the City of Milton Mayor and City Council Meeting on 7/29/2014 August 4, 2014 (First Presentation) Page 32 Sidewalk and building, while the other has the qualities of a Road or parkway, with naturalistic planting and rural details. Edgeyard Building: a building that occupies the center of its Lot with Setbacks on all sides. See Table 7. Effective Turning Radius: the measurement of the inside Turning Radius taking parked cars into account. See Table 12. Elevation: an exterior wall of a building not along a Frontage Line. See Table 12. See: Façade. Encroach: to break the plane of a vertical or horizontal regulatory limit with a structural element, so that it extends into a Setback, into the Public Frontage, or above a height limit. Encroachment: any structural element that breaks the plane of a vertical or horizontal regulatory limit, extending into a Setback, into the Public Frontage, or above a height limit. Equestrian Trail: an unpaved equestrian way running independent of a vehicular Thoroughfare or Multi-Use trail and having an average width of 8 feet. Enfront: to place an element along a Frontage, as in "porches Enfront the street." Façade: the exterior wall of a building that is set along a Frontage Line. See Elevation. Forecourt: a Private Frontage wherein a portion of the Façade is close to the Frontage Line and the central portion is set back. See Table 7. Frontage: the area between a building Façade and the vehicular lanes, inclusive of its built and planted components. Frontage is divided into Private Frontage and Public Frontage. See Table 3A and Table 7. Frontage Line: a Lot line bordering a Public Frontage. Façades facing Frontage Lines define the public realm and are therefore more regulated than the Elevations facing oth er Lot Lines. See Table 12. Function: the use or uses accommodated by a building and its Lot, categorized as Restricted, Limited, or Open, according to the intensity of the use. See Table 8A and Table 9. Gallery: a Private Frontage conventional for Retail use wherein the Façade is aligned close to the Frontage Line with an attached cantilevered shed or lightweight colonnade overlapping the Sidewalk. See Table 7. Green: a Civic Space type for unstructured recreation, spatially defined by landscaping rather than building Frontages. See Table 4. Greenway: an Open Space Corridor in largely natural conditions which may include Multi -Use Trails and Equestrian Trails. Gross Site Area: all land within a site's boundaries. Heavy Industrial: industrial facilities that conduct their operations in such manners that results are created or apparent outside an enclosed building that are incompatible with adjacent or nearby non - industrial uses. - THE CODE OF THE Chapter 64 - ZONING ARTICLE XIX. - CRABAPPLE FORM-BASED CODE ARTICLE 6. DEFINITION OF TERMS RZ14-12 – Text Amendment prepared for the City of Milton Mayor and City Council Meeting on 7/29/2014 August 4, 2014 (First Presentation) Page 33 Highway: a rural and suburban Thoroughfare of high vehicular speed and capacity. This type is allocated to the more rural Transect Zones (T-2, and T-3). Home Occupation: non-Retail Commercial enterprises. The work quarters should be invisible from the Frontage, located either within the house or in an Outbuilding. Permitted activities are defined by the Restricted Office category. See Table 8A. House: an Edgeyard building type, usually a single-family dwelling on a large Lot, often shared with an Accessory Building in the back yard. (Syn: single.) Layer: a range of depth of a Lot within which certain elements are permitted. See Table 12. Light Industrial: uses permitted in the M-1A district that conduct their operations in such manners that no results are created or apparent outside an enclosed building that are incompatible with adjacent or nearby non-industrial uses. Uses permitted in M-1A, but indicated elsewhere in Table 9 shall not be considered Light Industrial. Lightwell: A Private Frontage type that is a below-grade entrance or recess designed to allow light into basements. See Table 7. (Syn: light court.) Liner Building: a building specifically designed to mask a parking lot or a Parking Structure from a Frontage. Live-Work: a Mixed Use unit consisting of a Commercial and Res idential Function. The Commercial Function may be anywhere in the unit. It is intended to be occupied by a business operator who lives in the same structure that contains the Commercial activity or industry. See Work-Live. (Syn.: flexhouse.) Lodging: premises available for daily renting of guest rooms. See Table 10 and Table 12. Lot Line: the boundary that legally and geometrically demarcates a lot. Lot Width: the length of the Principal Frontage Line of a lot. Manufacturing: premises available for the creation, assemblage and/or repair of objects, using table-mounted electrical machinery or artisanal equipment, and including their Retail sale. Mixed Use: multiple Functions within the same building through superimposition or adjacency, or in multiple buildings by adjacency, or at a proximity determined by Warrant. Multi-Use Trail (MT): a shared pedestrian, bicycle and golf cart way running independent of a vehicular Thoroughfare and having a minimum width of 12 feet. Office: premises available for the transaction of general business but excluding Retail, and Industrial Functions. See Table 8A and Table 9. Open Space TDR Sending Sites: parcels that remain in private ownership subject to conservation easements in compliance with this code. Outbuilding: an Accessory Building, usually located toward the rear of the same Lot as a Principal Building, and sometimes connected to the Principal Building by a Backbuilding. See Table 12. - THE CODE OF THE Chapter 64 - ZONING ARTICLE XIX. - CRABAPPLE FORM-BASED CODE ARTICLE 6. DEFINITION OF TERMS RZ14-12 – Text Amendment prepared for the City of Milton Mayor and City Council Meeting on 7/29/2014 August 4, 2014 (First Presentation) Page 34 Park: a Civic Space type that is a natural preserve available for unstructured recreation. See Table 4. Park/Greenway TDR Sending Sites: parcels that are transferred from private to public ownership or are publicly accessible by easement in compliance with this code, including sites designated as Civic Space, Park, Greenway, trail or other public recreational uses in an adopted plan or code. Parking Structure: a building containing one or more Stories of parking above grade. Passage (PS): a pedestrian connector, open or roofed, that passes between bui ldings to provide shortcuts through long Blocks and connect rear parking areas to Frontages. Path (PT): a pedestrian way traversing a Park or rural area, with landscape matching the contiguous open space, ideally connecting directly with the urban Sidewalk network. Placement: the arrangement of a building on its lot. Planter: the element of the Public Frontage which accommodates street trees, whether continuous or individual. The Planter shall be located between the Sidewalk and the Curb. Plaza: a Civic Space type designed for Civic purposes and Commercial activities in the more urban Transect Zones, generally paved and spatially defined by building Frontages. Principal Building: the main building on a Lot, usually located toward the Frontage. See Table 12. Principal Entrance: the main point of access for pedestrians into a building. Principal Frontage: On corner Lots, the Private Frontage designated to bear the address and Principal Entrance to the building, and the measure of minimum Lot widt h. Prescriptions for the parking Layers pertain only to the Principal Frontage. Prescriptions for the First Layer pertain to both Frontages of a corner Lot. See Frontage. Private Frontage: the privately held Layer between the Frontage Line and the Principal Building Façade that bears the Principal Entrance to the building. See Table 7 and Table 12. Public Frontage: the area between the Curb of the vehicular lanes and the Frontage Line. See Table 3A and Table 3B. Rear Alley (RA): a privately owned and maintained vehicular way located to the rear of Lots providing access to service areas, parking, and Outbuildings and containing utility easements. Rear Alleys should be paved from building face to building face, with drainage by inverted crown at the center or with roll Curbs at the edges. Rear Lane (RL): a privately owned and maintained vehicular way located to the rear of Lots providing access to service areas, parking, and Outbuildings and containing utility easements. Rear Lanes may be paved lightly to Driveway standards. The streetscape consists of gravel or landscaped edges, has no raised Curb, and is drained by percolation. Rearyard Building: a building that occupies the full Frontage Line, leaving the rear of the Lot as the sole yard. See Table 6. (Var: Rowhouse, Townhouse, Apartment House) - THE CODE OF THE Chapter 64 - ZONING ARTICLE XIX. - CRABAPPLE FORM-BASED CODE ARTICLE 6. DEFINITION OF TERMS RZ14-12 – Text Amendment prepared for the City of Milton Mayor and City Council Meeting on 7/29/2014 August 4, 2014 (First Presentation) Page 35 Regulating Plan: a Zoning Map or set of maps that shows the Transect Zones, Civic Zones, Special Districts if any, Thoroughfares, and Special Requirements if any, of areas subject to regulation by this code. Residential: characterizing premises available for long-term human dwelling. Retail: characterizing premises available for the sale of merchandise and food service. See Table 8A and Table 9. Retail Frontage: Frontage designated on a Regulating Plan that requ ires or recommends the provision of a Shopfront, encouraging the ground level to be available for Retail use. See Special Requirements. Road (RD): a local, rural and suburban Thoroughfare of low-to-moderate vehicular speed and capacity. This type is allocated to the more rural Transect Zones (T2-T3). Rowhouse: a single-family dwelling that shares a party wall with another of the same type and occupies the full Frontage Line. See Rearyard Building. (Syn: Townhouse) Secondary Frontage: on corner Lots, the Private Frontage that is not the Principal Frontage. As it affects the public realm, its First Layer is regulated. See Table 12. Setback: the area of a Lot measured from the Lot line to a building Façade or Elevation that is maintained clear of permanent structures, with the exception of Encroachments listed in Section 4.5. See Table 10 section f. Shopfront: a Private Frontage conventional for Reta il use, with substantial glazing and an awning, wherein the Façade is aligned close to the Frontage Line with the building entrance at Sidewalk grade. See Table 7. Sidewalk: the paved section of the Public Frontage dedicated exclusively to pedestrian acti vity. Sideyard Building: a building that occupies one side of the Lot with a Setback on the other side. This type can be a Single or Twin depending on whether it abuts the neighboring house. See Table 6. Simulated Divided Lites: a method of constructing windows in which muntins are affixed to the inside and outside of a panel of insulating glass to simulate the look of true divided light. Slip Road: an outer vehicular lane or lanes of a Thoroughfare, designed for slow speeds while inner lanes carry higher speed traffic, and separated from them by a planted median. (Syn: access lane, service lane) Specialized Building: a building that is not subject to Residential, Commercial, or Lodging classification. See Table 6. Special Requirements: provisions of Section 4.3 of this code and/or the associated designations on a Regulating Plan. Square: a Civic Space type designed for unstructured recreation and Civic purposes, spatially defined by building Frontages and consisting of Paths, lawns and trees, formally disposed. See Table 4. - THE CODE OF THE Chapter 64 - ZONING ARTICLE XIX. - CRABAPPLE FORM-BASED CODE ARTICLE 6. DEFINITION OF TERMS RZ14-12 – Text Amendment prepared for the City of Milton Mayor and City Council Meeting on 7/29/2014 August 4, 2014 (First Presentation) Page 36 Stoop: a Private Frontage wherein the Façade is aligned close to the Frontage Line with the first Story elevated from the Sidewalk for privacy, with an exterior stair and landing at the entrance. See Table 7. Story: a habitable level within a building, excluding an Attic or raised basement. See Table 5. Street (ST): a local urban Thoroughfare of low speed and capacity. Streetscreen: a freestanding wall built along the Frontage Line, or coplanar with the Façade. It may mask a parking lot from the Thoroughfare, provide privacy to a side yard, and/or strengthen the spatial definition of the public realm. (Syn: streetwall.) Substantial Modification: alteration to a building that is valued at more than 50% of the replacement cost of the entire building, if new. Swale: a low or slightly depressed natural area for drainage. T-zone: Transect Zone. TDR: Transfer of Development Rights, a method of relocating existing zoning rights permanently reducing development potential of from areas to be preserved as open space and transferring development potential to areas to be more densely urbanized. TDR Receiving Sites: parcels that receive bonus Density through TDR in compliance with this code. TDR Sending Sites: parcels on which development potential has been permanently reduced, parcels where ownership has been transferred or where public access has otherwise been se cured in compliance with this code. Thoroughfare: a way for use by vehicular and pedestrian traffic and to provide access to Lots and Open Spaces, consisting of Vehicular Lanes and the Public Frontage. See Table 2A, Table 2B and Table 12a. Townhouse: See Rearyard Building. (Syn: Rowhouse) Transect: a cross-section of the environment showing a range of different habitats. The rural-urban Transect of the human environment is divided into six Transect Zones. These zones describe the physical form and character of a place, according to the Density and intensity of its land use and Urbanism. Transect Zone (T-zone): one of several geographic areas regulated by this code. Transect Zones are administratively similar to the land use zones in conventional codes, e xcept that in addition to the usual building use, Density, height, and Setback requirements, other elements of the intended habitat are integrated, including those of the private Lot and building and Public Frontage. See Table 1. True Divided Lites: A term that refers to windows in which multiple individual panes of glass or lights are assembled in the sash using muntins. Turning Radius: the curved edge of a Thoroughfare at an intersection, measured at the inside edge of the vehicular tracking. The smaller the Turning Radius, the smaller the pedestrian crossing distance and the more slowly the vehicle is forced to make the turn. See Table 2B and Table 12. - THE CODE OF THE Chapter 64 - ZONING ARTICLE XIX. - CRABAPPLE FORM-BASED CODE ARTICLE 6. DEFINITION OF TERMS RZ14-12 – Text Amendment prepared for the City of Milton Mayor and City Council Meeting on 7/29/2014 August 4, 2014 (First Presentation) Page 37 Unconstrained Land: includes all land not characterized as constrained. Urbanism: collective term for the condition of a compact, Mixed Use settlement, including the physical form of its development and its environmental, functional, economic, and sociocultural aspects. Urbanized: generally, developed. Specific to this code, developed at T3 (Sub-Urban) Density or higher. Variance: a ruling that would permit a practice that is not consistent with either a specific provision or the Intent of this code (Section 1.1). Variances shall be processed as a primary variance by the board of zoning appeals as established in Section 64-1888. See Section 1.5. Warrant: a ruling that would permit a practice that is not consistent with a specific provision of this code, but that is justified by its Intent (Section 1.1). Warrants shall be processed as an administrative variance by the community development director as established in Section 64 -1885. See Section 1.5. Work-Live: a Mixed Use unit consisting of a Commercial and Residential Function. It typically has a substantial Commercial component that may accommodate emp loyees and walk-in trade. The unit is intended to function predominantly as work space with incidental Residential accommodations that meet basic habitability requirements. See Live-Work. (Syn: Live-With.) Yield: characterizing a Thoroughfare that has two-way traffic but only one effective travel lane because of parked cars, necessitating slow movement and driver negotiation. Also, characterizing parking on such a Thoroughfare. - THE CODE OF THE Chapter 64 - ZONING ARTICLE XIX. - CRABAPPLE FORM-BASED CODE ARTICLE 7. ARCHITECTURAL STYLES RZ14-12 – Text Amendment prepared for the City of Milton Mayor and City Council Meeting on 7/29/2014 August 4, 2014 (First Presentation) Page 38 ARTICLE 7. ARCHITECTURAL STYLES 7.1.1 This ArticleSection provides an overview of the seven architectural styles and their colors set forth in Section 4.15.2. Because the execution of specific styles can vary, the description/definition of each style can vary and therefore, the information contained in this article may not be all inclusive. a. ARCHITECTURAL STYLES Vernacular: With origins in Elizabethan England and influenced by Native American and African American traditions, the Vernacular tradition in the South is the essence of beauty, function, and simplicity. It is a powerful building type, perhaps the most indigenous to America. Dating from the arrival of the first settlers, it was recycled into the fabric of later styles and has never been fully abandoned. Vernacular forms exhibit natural composition, never decorative or academic, but relating to a relaxed logic. Materiality rules, as building materials are used in their most raw, pure, forms, with ornament reduced to mere gesture, executed in the same raw materials. Essential elements include simple masses, many times saltbox and catslide, with additions and appendages. Almost without exception, roofs are gabled, with gables rarely facing the front. Shed roofs over full-length porches or enclosed additions are common. Gable-end chimneys are prominent. Windows are of similar sizes, spaced in a balanced but not overly rigid composition, and are generally non-ornamental. Window spacing relating to room arrangement is often independent of column or post spacing, which relates to the actual porch structure. Modest stylistic detailing is Federal and Greek Revival, with elements of Italianate and Carpenter Gothic. Ceiling heights range from 9 feet to 12 feet for commercial buildings, and 7 feet to 10 feet for houses. One -story Vernacular cottages may have so-called travelers rooms on either side of a front porch, featuring ceilings as low as 7 feet. Frugality rules Vernacular architecture. Hand made brick, wood horizontal lap siding, flush T&G plank siding under porches, wood-shingle and standing-seam roofs, and brick and/or stone chimneys are the typical features found in early architecture. Later forms are sometimes roofed in corrugated or 5-V galvanized metal. Typical exterior colors for earlier buildings include slate blue and earth tones such as terra cotta, taupe, and brown. Later works are typically whitewashed. Because Vernacular is not truly a style but a local building tradition, it's form never hybridized with nineteenth century styles. Stylistic detailing is applied to the building in a superficial manner. Greek Revival: Of the Romantic styles favored in the nineteenth century, perhaps none was more popular than Greek Revival. Dominant from about 1830 to 1860 in the South, the style symbolized the affinity Americans felt with the ideals of Greek democracy. The style was easy to construct in wood or masonry due to its Spartan forms and details. Forms are boxy with consistent cornice lines and low-pitched gabled or hipped roofs. Gables can be side or front facing. In the South, Greek detailing and full-width front porticos are often married to Vernacular forms, taking the form of a classical billboard, which is one of the more charming aspects of this region's native architecture. Porches vary in prominence, being either t he fabled Southern full-width two-story version or the less ostentatious one-story version or even the smaller stoop variety, which is equally dignified. Fenestration features include rectangular sash and doors with bold, plain casings and horizontal cornices. Chimneys, being non-Classical, are thoroughly de-emphasized. Columns that are always round in true Greek architecture are usually simplified into square adaptations. Classical details are large and bold as opposed to the earlier, mild-mannered Adam St yle, with wide, - THE CODE OF THE Chapter 64 - ZONING ARTICLE XIX. - CRABAPPLE FORM-BASED CODE ARTICLE 7. ARCHITECTURAL STYLES RZ14-12 – Text Amendment prepared for the City of Milton Mayor and City Council Meeting on 7/29/2014 August 4, 2014 (First Presentation) Page 39 prominent entablature with Greek Doric columns being the main hallmark of the style. When decoration is desired, it is executed with Greek key fretwork, and vernacularized classical profiles. Paint colors for siding and trim are typically white, cream, and light grey with shutters tinted black. Window sash are white or black. Wood-mold brick is in the red to earth range. Italianate: The Italianate style became popular in America around 1840 and flourished especially rapidly in the 1850s. As its name implies, the Renaissance houses of Italy are its inspiration. The style is picturesque or romantic as opposed to the more disciplined Greek Revival style. Broad, bracketed cornices on shallow hipped or gabled roofs; attic windows; tall windows t hat are frequently arched and clustered; iron balconies; massive entrance doors; clustered porch columns; Renaissance details; and tall ceilings are hallmarks of this style. Façades may be symmetrical and somewhat dignified, or asymmetrical, with a casual, rural quality. Chimneys are usually internal to the building mass. In the South, there are many interpretations of the style executed in wood, with Renaissance -style ornament adapted to local skill levels. Some versions of this style are easy to construc t, especially if the building material is brick, for then fundamental masonry techniques are used such as full or segmental arches, lintels, and load-bearing walls. Paint colors for siding, trim, and sashes are typically earth tones with emphasis on browns, terra cottas, and golds. Trim colors and sashes are usually painted darker than the siding. Wood -mold brick is in the red to earth range. Gothic: With origins in late 18th century England, the Gothic Style, otherwise known as the Gothic Revival, was popularized by Andrew Jackson Downing in the 1840s and 1850s. The style may be looked at as a reaction to the classical styles so popular at the time of the Adam style or Federal style, and the Greek Revival. With a definite nod to the whimsical, the style provided a welcome relief to the academic aesthetic of the era. Many Americans associate the style with Grant Wood's American Gothic, a painting depicting a rather austere midwestern husband and wife set in front of a plain board and batten cottage with a pointed arched window. Applied to the hall and parlor houses popular at the time, humble folk houses were transformed into medieval fantasy with the addition of steep roofs, decorative verge boards and crockets, pointed arches, and pinnacles. Board and batten siding, paired columnettes, and 2 over 2 windows accentuated the verticality of the look. Old-timers sometimes naively refer to the ornamentation of the style as "gingerbread". Many Gothic buildings dot the historic American countryside, with a special abundance in the North Georgia area. From Rome's medieval clock tower to the Gothic cottages of Clarkesville, the Gothic style has become inextricably fused with the American psyche. Queen Anne: The Queen Anne Style dominated domestic American architecture from about 1880 until 1900. Popularized by the architect Richard Norman Shaw, the style was a revival of late medieval styles in England. (The name Queen Anne, however has little or nothing to do with the reign of the English queen during the formalistic Renaissance period.) Indigenous versions of the style usually translated into wooden-frame structures decorated with turned spindle work and free- form Classicism, with columns, pediments, and so forth being freely substituted for medieval ornament. - THE CODE OF THE Chapter 64 - ZONING ARTICLE XIX. - CRABAPPLE FORM-BASED CODE ARTICLE 7. ARCHITECTURAL STYLES RZ14-12 – Text Amendment prepared for the City of Milton Mayor and City Council Meeting on 7/29/2014 August 4, 2014 (First Presentation) Page 40 The movement was fueled in the New South by the commerce generated by the cotton industry. The forms of the buildings themselves are a fanciful version of medieval forms. Asymmetry was the general rule with steeply pitched roofs, front gables, and folk ornament. As opposed to the academic Adam and Greek Revival styles, there is a deliberate effort at making the Façade three dimensional, using projecting gables and cutaway bays. The new railroads brough t pre made spindle work and bric-a-brac ornament to almost every American town and city, resulting in the proliferation of the quintessential gingerbread house. Windows tended to be 1/1 or 2/2 with the occasional ornamental sash. Ceilings were usually very tall, starting at 10 feet. Examples exist of this style in the Crabapple Community. Colors were earthy-sage, taupe, amber, gold, and brown. Trim and sashes were usually in the darker spectrum of the palette. Colonial Revival: Inspired by the Centennial of 1876, the Colonial Revival thrived in the love that Americans have for their Colonial past, especially in English and Dutch houses of the Atlantic Seaboard. In part a reaction to the excesses of Victorian architecture, forms include simple saltbox massing, "L" configurations, catslide roofs, and vernacular forms. Wings and additions often occur that are subordinate in scale to the primary mass of the structure. Rooms are usually larger than their authentic Colonial predecessors and are planned for gracious interior accommodation resulting in playful exteriors. Façades may contain front facing gables treated in a decorative manner. Roof forms are varied in the Colonial Revival from steep Georgian types, shallow Classical types, hips, hipped gables, Gambrels, catslides, and Southern Vernacular types. Dormers are common roof features. Beautiful chimneys centered on gable ends terminate rooflines. Full front porches occur, but not as often as side porches and trellises, that often take on the quality of an outdoor room. Ceiling heights are always generous. Windows are larger than historic prototypes of early years. Americans were not about to give up the light that they had become used to in the Victorian period. Refined stylistic detailing includes Colloquial, Georgian, Federal, Regency, and Classical Revival elements such as columns and pilasters, fretwork railings, entablatures, broad casings, story courses, base reliefs, etc. Exteriors are finished in wood shingle siding, mitered lap siding, wood mould brick and worked stone. Roofs are slate, wood shingle, French tile, and standing seam metal. Some Colonial Revival buildings are quite decorative with Classical appliqué featuring urns, garlands, and grotesques ornament. Other Colonial Revival buildings are h ybridized with the Craftsman style and feature straightforward construction detailing such as out -lookers supporting broad eaves, plain Tuscan columns with no base or capital necking details, and post and beam casings. Not all Colonial Revival houses are so freely adapted from various sources. Austere and authentic examples exist that are almost indistinguishable from their antecedents, leaving one to ponder the construction date. James Means, a 20th century Atlanta architect, designed Plantation Plain hou ses across the state of Georgia (one notable example exists in Crabapple) with great sophistication. His colleagues, Neel Reid, and Phillip Shutze, designed more inventive and decorative homes that are at the apex of the style in the South. Typical exterior siding, trim, and sash colors are white, bone, and cream, with dark green or black shutters and the occasional red door. Wood shingles are natural, stained grey or stained Jacobean black. Smooth wood mould brick in the red to earth range, and occasional ly buff to taupe range is complimented with grape vine and lighting raked mortar joints. Stone is coursed or random and features flush, raised bead, or lightly raked mortar joints. - THE CODE OF THE Chapter 64 - ZONING ARTICLE XIX. - CRABAPPLE FORM-BASED CODE ARTICLE 7. ARCHITECTURAL STYLES RZ14-12 – Text Amendment prepared for the City of Milton Mayor and City Council Meeting on 7/29/2014 August 4, 2014 (First Presentation) Page 41 Adam/Federal: The Adam or Federal style was prevalent in the South from about 1780 through 1820, although in provincial locations; its influence lasted until around 1840. The style developed directly from Classical Roman examples of antiquity rather than Renaissance Europe. Young America identified itself and its government with that of Republican Rome, with a parallel movement occurring in France. The refined ornament discovered in the archaeological digs at Pompeii heavily influenced the British architect Robert Adam in the development of the style. Architects such as William Jay of Savannah further developed it. Simple, austere massing and Vernacular forms are decorated with delicate classical detailing, frequently featuring the Doric order with decorated cornices, pedimented fenestration, fine modillions and mutules under the cornice, and entrances with fan lights and sidelights. In isolated locations, chimneys are awkwardly domestic and prominent, while in urban locations, they are minimally formalized. Exterior cladding materials are usually clapboards but are sometimes fine brickwork with cut jack arches and keystones. Classical detailing is deliberately scaled down. Façades are intentionally understated and plain. Emphasis is placed on the frontispiece and on the fine tailoring of the building. Windows are large and regularly spaced. Paint colors for siding, trim, and sashes are typically white, cream, and light grey with shutters being tinted black. Wood-mold brick is in the red to earth range. b. COLORS AND FINISHES As the architecture demands, the color palette of the City of Milton is diverse. With an emphasis on "real" materials, whether natural or manmade, many colors and finishes should simply be left unfinished. Surfaces to be painted should complement the architecture, never commanding too much attention. Colors must never upstage the natural landscape. Colors and finishes must be appropriate to the mood and style of the building. Designs that are derived from the Vernacular style will be early 19th century color combinations, with colors such as burnt sienna; rich warm gray, mustard and "haint" blue. Designs that take inspiration from the Greek Revival style will display crisp, light stone colors that bespeak dignity and acknowledge their classical temple origins. Other designs that are inspired by Queen Anne, Gothic, and Italianate designs are complex and rich, displaying earth tones that contrast to one another. Colonial Revival and Adams/Federal palettes take inspiration from East Coast historic precedents with natural shingle siding trimmed in white, white or slate blue clapboard trimmed in white with red doors, and shaker inspired colors. The designer should research period colors and become familiar with the combinations that can be used. c. ARCHITECTURAL STYLES ILLUSTRATED The following are illustration of key components of the above -noted styles. Please note that the graphics show the styles as utilized on single-family detached houses, although these styles can readily translate into commercial or mixed-use buildings through use of stylistic detailing. Please refer to the City of Milton Historic Preservation Design Guidelines for examples. STATE OF GEORGIA ORDINANCE____ COUNTY OF FULTON RZ14-12 AN ORDINANCE TO AMEND ARTICLE_XIX, CRABAPPLE FORM BASED CODE OF THE CITY OF MILTON ZONING ORDINANCE (CHAPTER 64 OF THE CITY CODE OF ORDINANCES) BE IT ORDAINED by the City Council of the City of Milton, GA while in a regularly called council meeting on August 18, 2014 6:00 p.m. as follows: SECTION 1. That the amendment of Article XIX, Crabapple Form Based Code of the City of Milton Zoning Ordinance is hereby adopted and approved; and is attached hereto as if fully set forth herein, and; SECTION 2. All ordinances, parts of ordinances, or regulations in conflict herewith are repealed. SECTION 3. That this Ordinance shall become effective upon its adoption. ORDAINED this the 18th day of August, 2014 __________________ Joe Lockwood, Mayor Attest: ___________________________ Sudie AM Gordon, City Clerk (Seal) NOME OF ' ' M1 LTO FSTARLISLIED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: July 29, 2014 FROM: City Manager AGENDA ITEM: Consideration of RZ14-13 — To Amend Article XX — Deerfield Form Based Code. MEETING DATE: Monday, August 4, 2014 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: {APPROVED () NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: OYES O NO CITY ATTORNEY REVIEW REQUIRED: kYES () NO APPROVAL BY CITY ATTORNEY YAPPROVED O NOT APPROVED PLACED ON AGENDA FOR: 0A6 C/ / REMARKS PO4 ©A*Youn *** PHONE: 678.242.2500JFAX: 678.242.2499 `Im Green+� ardied* info@cityofmilfonga.us I www.cityofmiltonga.us WILDLIFE COMMUnity 13000 Deerfield Parkway, Suite 107 1 Muton GA 30004 To: The Honorable Mayor and City Council From: Kathleen Field, Community Development Director Date: Submitted July 30, 2014 for the August 18, 2014 Regular Meeting (August 4, 2014 First Presentation and August 11, 2014 for Council Work Session) Re: Consideration of RZ14-12 – Crabapple Form Based Code and RZ14-13 – Deerfield Form Based Code - Text Amendments Department Recommendation: The Community Development Department recommends approval of the proposed text amendments as discussed below. Executive Summary: The proposed amendments to both of the form based codes are virtually identical. There are two primary issues that are addressed in the amendments. 1) To clarify that the properties located within the boundaries of both the Crabapple and Deerfield/Hwy 9 Form Based Codes are subject solely to their respective ordinances and not subject to the remainder of the Zoning Ordinance, unless expressly indicated in their respective ordinances. In order to accomplish this, we suggest revisions be made to both the Form Based Codes. Listed below are the pages where edits were made for this purpose: RZ14-12 - Crabapple Form Based Code  Page 3 – Article 1.1.o, Article 1.2.4, Article 1.3.1, Article 1.3.3, Article 1.3.5  Page 9 – Article 2.1.2, Article 2.1.3, Article 2.1.4, Article 2.2.2  Page 10 – Article 2.3.1  Page 15 – Article 4.1.1  Page 16 – Article 4.1.3  Page 30 – Article 6.1.1  Page 31 – Definitions  Pages 38 through 41 – Article 7.1.1 2 RZ14-13 – Deerfield/Hwy 9 Form Based Code  Page 3 – Article 1.1.o, Article 1.2.4, Article 1.3.1, Article 1.3.3, Article 1.3.5  Page 10 - Article 2.1.2  Page 11 - Article 2.2.2, Article 2.2.2.i  Page 18 – Article 4.1.1  Page 19 – Article 4.1.3  Page 37 – Article 5.1.1  Page 38, Page 39, - Definitions 2) To clarify the ability of the City to “sell” their development rights to others. This was accomplished by amending the definition of “Transfer of Development Rights” on page 36 of the Crabapple FBC and page 43 of the Deerfield/Hwy 9 FBC. The last amendment is to delete the requirement of half-round gutters within the Crabapple Form Based Code. Over the past two years since the adoption of the ordinance, every builder has requested a warrant for this requirement. It is still an option but not required. Staff proposes to allow “ogee” gutters which are the typical type of gutter installed on homes. This is only found in the Crabapple FBC and is on page 27. The Planning Commission reviewed both text amendments on July 23, 2014 and unanimously recommended Staff’s proposed amendments. Funding and Fiscal Impact: None anticipated. Alternatives: The Mayor and City Council may approve the amendment as proposed and/or recommend further amendments to the text amendments discussed. Legal Review: Paul Frickey and Larry Ramsey - Jarrard & Davis (July, 2014) Concurrent Review: Community Development Staff Attachment(s): Text Amendments and Ordinances for RZ14-12 and RZ14-13 - THE CODE OF THE Chapter 64 - ZONING ARTICLE XX. DEERFIELD FORM-BASED CODE RZ14-13 – Text Amendment Prepared for the City of Milton Mayor and City Council Meeting on 7/29/2014 August 4, 2014 (First Presentation) Page 1 ARTICLE XX. DEERFIELD FORM-BASED CODE [10] ARTICLE 1. - GENERAL ARTICLE 2. - REGULATING PLANS ARTICLE 3. - PUBLIC STANDARDS ARTICLE 4. - BUILDING SCALE PLANS ARTICLE 5. - STANDARDS AND TABLES ARTICLE 6. - DEFINITION OF TERMS FOOTNOTE(S): --- (10) --- Editor's note— Printed herein is the Form -Based Code of the City of Milton, Georgia, being Ordinance No. 13-04-169, as adopted on April 22, 2013. Amendments to the Form -Based Code are indicated by parenthetical history notes following amended sections. The absence of a history note indicates that the section remains unchanged from the original Form -Based Code ordinance. Obvious misspellings and punctuation errors have been corrected without notation. Additions made for clarity are indicated by brackets. (Back) - THE CODE OF THE Chapter 64 - ZONING ARTICLE XX. - DEERFIELD FORM-BASED CODE ARTICLE 1. GENERAL RZ14-13 – Text Amendment Prepared for the City of Milton Mayor and City Council Meeting on 7/29/2014 August 4, 2014 (First Presentation) Page 2 ARTICLE 1. GENERAL 1.1 INTENT 1.2 CODE APPLICABILITY 1.3 TRANSECT ZONES AND SPECIAL DISTRICTS 1.4 PROCESS 1.5 WARRANTS AND VARIANCES 1.6 DENSITY CALCULATIONS 1.7 TRANSFER OF DEVELOPMENT RIGHTS 1.1 INTENT The intent and purpose of this code is to enable and support the implementation of the following policies: a. That the Deerfield/Highway 9 area is the focal point for high-quality, mixed-use development in the City of Milton as established in the Highway 9/Georgia 400 Master Plan Livable Centers Initiative and the City of Milton 2030 Comprehensive Plan. b. That within the Deerfield/Highway 9 area, ordinary activities of daily life should be able to occur within walking or bicycling distance of most dwellings. c. That interconnected networks of thoroughfares should be designed to disperse traffic and reduce the length and number of automobile trips. d. That development patterns should support future premium transit facilities along Georgia 400. e. That a range of high-quality and aesthetically compatible housing options should be provided to accommodate different needs in the community. f. That development should be concentrated in areas served by existing infrastructure and discouraged in areas lacking it. g. That the quality-of-life in existing neighborhoods should be preserved and protected. h. That development patterns should enable children to safely walk or bicycle to school. i. That a range of useable open spaces including parks, squares, playgrounds, and preserved environmentally sensitive areas should be distributed throughout the Deerfield/Highway 9 area. j. That buildings and landscaping should contribute to the physical definition of thoroughfares as civic places. k. That development should adequately accommodate automobiles while respecting the pedestrian and the spatial form of public areas. l. That community design should reinforce safe environments, but not at the expense of accessibility. - THE CODE OF THE Chapter 64 - ZONING ARTICLE XX. - DEERFIELD FORM-BASED CODE ARTICLE 1. GENERAL RZ14-13 – Text Amendment Prepared for the City of Milton Mayor and City Council Meeting on 7/29/2014 August 4, 2014 (First Presentation) Page 3 m. That civic buildings and public gathering places should be provided as locations that reinforce community identity and support self -governance. n. That civic buildings should be distinctive and appropriate to a role more important than the other buildings that constitute the fabric of the area. o. That the harmonious and orderly development and redevelopment of the Deerfield/Highway 9 area should be secured through form-based codes rather than traditional zoning. 1.2 CODE APPLICABILITY 1.2.1 Capitalized terms used throughout this code may be defined in Article 6 Definitions of Terms. Article 6 contains regulatory language that is integral to this code. Those ter ms not defined in Article 6 shall be accorded their commonly accepted meanings. In the event of conflicts between these definitions and those of Section 64-1 of this zoning ordinance, those of this code shall take precedence when applied to the regulations found herein. 1.2.2 The metrics of Article 5 Standards and Tables are an integral part of this code. However, the diagrams and illustrations that accompany them should be considered advisory, with the exception of those in Table 13 Definitions Illustrated, which are legally binding. 1.2.3 Where in conflict, numerical metrics shall take precedence over graphic metrics. 1.2.4 The provisions of this code are intended to replace the previous requirements set forth in Chapter 64 of the Code of the City of Milton, unless otherwise indicated in this code. 1.3 TRANSECT ZONES AND SPECIAL DISTRICTS 1.3.1 The regulations set forth in this form-based code shall apply to all property located within the boundaries identified in the Deerfield/Highway 9 Regulating Plan adopted concurrently herewith, which shall be kept on file with the Community Development Department, and which is hereby incorporated by reference. The Deerfield/Highway 9 Regulating Plan shall also be shown on the Official Zoning Maps of the City of Milton, Georgia as an overlay district in compliance with Section 64-1026 of this zoning ordinance. 1.3.2 To reflect a variety of development patterns this code includes Transect Zones, Civic Zones, and Special Districts, the locations for which are set forth within the Deerfield/Highway 9 Regulating Plan or an approved Infill Regulating Plan. 1.3.3 The standards for Transect Zones and Civic Zones shall be as set forth in Articles 3, 4, and 5 of this code. 1.3.4 The standards for Transect Zone T4 shall also apply to zone T4-Open except as specifically indicated. 1.3.5 The standards for Transect Zone T5 shall also apply to zone T5-Limited except as specifically indicated. 1.3.6 Areas that, by their intrinsic character, cannot conform to the requirements of any Transect Zone are designated as Special Districts. Special Districts shall be governed by standards approved by the - THE CODE OF THE Chapter 64 - ZONING ARTICLE XX. - DEERFIELD FORM-BASED CODE ARTICLE 1. GENERAL RZ14-13 – Text Amendment Prepared for the City of Milton Mayor and City Council Meeting on 7/29/2014 August 4, 2014 (First Presentation) Page 4 Mayor and City Council at the time of their designation as Special Districts, which standards may be specifically prepared for the particular Special District or may be the same standards as described elsewhere in this code if specifically identified by the Mayor and Council as being applied to the Special District Special Districts shall be governed by the standards of the base zoning as indicated on the Deerfield/Highway 9 Regulating Plan, except as otherwise specifically identified in Article 3. 1.4 PROCESS 1.4.1 Projects that require no Variances or Warrants, or only Warrants, from the requirements of this code shall be processed administratively without further recourse to public consultation except as established below for the city design review board, as applicable as set forth by Section 64-1120 or Article XVIII of this zoning ordinance. 1.4.2 The city design review board, as set forth in Section 64-1120 of this zoning ordinance, shall review all plans for development except detached single-family residential in this district for compliance with the standards herein prior to the approval of a land disturbance permit, building permit, or demolition permit for both residential and nonresidential structures. 1.5 WARRANTS AND VARIANCES 1.5.1 There shall be two types of deviation from the requirements of this code: Warrants and Variances. Whether a deviation requires a Warrant or Variance shall be determined by the community development director except where specifically prescribed in this code. 1.5.2 A Warrant is a ruling that would permit a practice that is not consistent with a specific provision of this code but is justified by its intent. A Warrant shall be processed as an administrative variance under Section 64-1885 by the community development director. 1.5.3 Warrants relating to a physical element or metric of this code shall be based upon credible submitted evidence demonstrating that: a. Approval, if granted, would not offend the spirit or intent of this code as set forth in Section 1.1 Intent; b. There are such extraordinary and exceptional situations or conditions pertaining to the particular piece of property that the literal or strict application of this code would create an unnecessary hardship due to size, shape or topography or other extraordinary and exceptional situations or conditions not caused by the applicant; c. Relief, if granted would not cause a substantial detriment to the public good and surrounding properties; and d. That the public safety, health and welfare are secured, and that substantial justice is done. 1.5.4 Warrants relating to a use shall be based upon the considerations for use permits established in Section 64-1552. 1.5.5 A Variance is any ruling on a deviation other than a Warrant. A Variance shall be processed as a primary variance by the board of zoning appeals as described in Section 64-1888. - THE CODE OF THE Chapter 64 - ZONING ARTICLE XX. - DEERFIELD FORM-BASED CODE ARTICLE 1. GENERAL RZ14-13 – Text Amendment Prepared for the City of Milton Mayor and City Council Meeting on 7/29/2014 August 4, 2014 (First Presentation) Page 5 1.5.6 If a Warrant or Variance is requested in conjunction with an applicat ion for an Infill Regulating Plan, the mayor, and city council shall process the requested Warrants and Variances as a concurrent variance. 1.5.7 With respect to the review of Variances, the city design review board shall only make recommendations. 1.5.8 No Warrants or Variances may be issued for the following standards and requirements: a. The minimum Base Densities. (See Table 11 section a.) b. The permission to build Accessory Buildings. c. The Function and use requirements of Tables 9 and 10 except where a Warrant is indicated therein. 1.6 DENSITY CALCULATIONS 1.6.1 All areas of a site shall be considered cumulatively the Gross Site Area. 1.6.2 Density shall be expressed in building units per acre as specified for each Transect Zone by Table 11 section a. 1.6.3 The maximum Density of a site shall be calculated by multiplying the Transect Zone's Density identified in Table 11 section a by the Gross Site Area. Where a site includes multiple Transect Zones, each shall be calculated independently. The area of new Thoroughfares and Civic Spaces on the site shall be allocated to the closest Transect Zone(s) on the site. Where a Thoroughfare or Civic Space adjoins multiple Transect Zones, their area shall be proportionally allocated to the adjoining zones. 1.6.4 Where a site is subdivided into lots, a lot's Density may exceed the Density of the Transect Zone within which it lies, provided that the maximum Density of the Transect Zone for the site as whole as established in Section 1.6.3 is not exceeded. 1.6.5 Building units or fractions thereof shall be exchanged for Functions at the following rates as established in Table 9B: a. Residential: 1 dwelling unit for each building unit. b. Lodging: 2 guest rooms for each building unit. c. Office: 2,250 square feet for each building unit. d. Retail: 2,250 square feet for each building unit. e. Other: 2,250 square feet for each building unit. 1.6.6 Where the exchange of building units for Functions results in a fraction, the fraction shall be rounded down to the nearest whole number of dwelling units, guest rooms, or square feet as established in Section 1.6.5. 1.6.7 Accessory Units do not count toward Density calculations. 1.6.8 Civic Buildings do not count towards Density calculations. - THE CODE OF THE Chapter 64 - ZONING ARTICLE XX. - DEERFIELD FORM-BASED CODE ARTICLE 1. GENERAL RZ14-13 – Text Amendment Prepared for the City of Milton Mayor and City Council Meeting on 7/29/2014 August 4, 2014 (First Presentation) Page 6 1.6.9 Senior housing units approved by use permit in accordance with Section 64-1834 do not count toward the Density calculations of this code and are subject to those of Sections 64 -1834. 1.6.10 The Base Density of a site may be increased by the Transfer of Developm ent Rights (TDR) up to the amount specified for each zone by Table 11 section a subject to the provisions of Section 1.7. 1.7 TRANSFER OF DEVELOPMENT RIGHTS 1.7.1 Purpose: The TDR mechanism is intended to encourage the voluntary redirection of future growth from areas where Milton wants reduced development into areas designated for development. Landowners can voluntarily choose to have their properties considered as either Open Space TDR Sending Sites or Park/Greenway TDR Sending Sites. Open Space TDR Sending Sites remain under private ownership subject to a conservation easement permanently limiting future development. Park/Greenway TDR Sending Sites are transferred from private ownership to the City of Milton or otherwise secured for public access in a manner acceptable to the City. In return for voluntarily participating in the TDR program, private property owners receive Transferable Development Rights (TDRs) which can be transferred for use at designated TDR Receiving Sites. 1.7.2 TDR Sending Site Criteria. a. Open Space TDR Sending Sites shall be parcels that are a minimum of 2 acres in size and zoned T2 within this district or 2 acres in size and located out side this district but within the subarea of parcels fronting Bethany Bend from Hopewell Road east to the Forsyth County Line, and parcels fronting Cogburn Road from Devonshire Farms Way south to Bethany Bend. With the exception of the parcels described in the preceding sentence, all other Open Space TDR Sending Sites shall be a minimum of 5 acres in size and zoned AG -1 outside this district. All Open Space TDR Sending Sites shall contain natural or agricultural features whose retention would implement Milton's goals for maintaining significant environmental areas, rural character and open space. Parcels shall not qualify if the restrictions that would be imposed by a conservation easement have already been established by a preexisting easement or similar instrument. b. Park/Greenway TDR Sending Sites shall be a minimum of one acre in size, unoccupied by any residences or other improvements that would render the site unusable for public access and shall be designated as suitable for Park, Greenway, Civic Space, trail or other public recreational uses in a plan or code adopted by the City. 1.7.3 TDR Sending Site Approval Process. a. Open Space TDR Sending Sites: Property owners may offer their land as Open Space TDR Sending Sites using application forms provided by the community development department. If the community development director finds that the proposed property meets the cr iteria, he/she shall the approve the application and oversee the execution and recordation of a permanent conservation easement, approved by the community development director, that limits future development of the sending site to a density of no more than one dwelling per parcel or one dwelling per full 25 acres, whichever Density is greater. The easement shall specify that all other uses, building requirements and activities shall be controlled by the provisions of the T2 zone for parcels within this district and the provisions of the AG-1 zoning district for parcels outside this district. - THE CODE OF THE Chapter 64 - ZONING ARTICLE XX. - DEERFIELD FORM-BASED CODE ARTICLE 1. GENERAL RZ14-13 – Text Amendment Prepared for the City of Milton Mayor and City Council Meeting on 7/29/2014 August 4, 2014 (First Presentation) Page 7 b. Park/Greenway TDR Sending Sites: Property owners may offer their land as Park/Greenway TDR Sending Sites using application forms provided by the community developmen t department. If the property owner proposes to transfer title to Milton, the change of ownership shall pertain to the entire parcel. If the community development director finds that the proposed property meets the criteria for a Park/Greenway TDR Sending Site, he/she shall approve the application and oversee the transfer of title to the City of Milton or an agency/organization authorized by the City Council for approval. A permanent public access easement approved by the community development director may be used instead of title transfer if the proposed easement would implement all preservation and public recreational goals for the site in question, subject to the approval of the City Council. This easement may apply to all or a portion of a single parcel as long as the portion subject to the easement is at least one acre in size. If a Park/Greenway TDR Sending Site is secured by easement rather than City ownership, the easement shall permanently prohibit all residential development, shall preclude any improvements that would impede site use for public purposes and shall specify that all other uses and activities will be controlled by the provisions of the T2 for parcels within this district or the provisions of the AG-1 zoning district for parcels outside this district. 1.7.4 TDR Allocation. a. Open Space TDR Sending Sites: Upon recordation of an approved conservation easement, the community development director shall deduct the area of land precluded from development by preexisting easements and issue TDRs to the owners of Open Space TDR Sending Sites using the following formula: i. One TDR per full acre of Unconstrained Land. ii. Plus one TDR per four full acres of Constrained Land. iii. Plus one TDR per each full five acres of land subtotaled under i. and ii. in excess of five acres b. Park/Greenway TDR Sending Sites: Upon title transfer or recordation of an approved public access easement, the community development director shall deduct the area of land precluded from development by preexisting easements and issue TDRs to the owners of Park/Greenway TDR Sending Sites using the following two-step process. Step One: calculate the total number of TDRs produced by i, ii and iii below: i. One TDR per full acre of Unconstrained Land. ii. Plus one TDR per four full acres of Constrained Land. iii. Plus one TDR per each full five acres of land subtotaled under i. and ii. in excess of five acres. Step Two: Multiply the total from Step One by a factor of 1.25. c. Civic Space TDR Sending Sites: Upon title transfer or recordation of an approved public access easement, the community development director shall deduct the area of land precluded from development by preexisting easements and issue TDRs to the owners of Park/Greenway TDR Sending Sites designated as suitable for Civic Spaces in an adopted plan or code using the following two-step process. - THE CODE OF THE Chapter 64 - ZONING ARTICLE XX. - DEERFIELD FORM-BASED CODE ARTICLE 1. GENERAL RZ14-13 – Text Amendment Prepared for the City of Milton Mayor and City Council Meeting on 7/29/2014 August 4, 2014 (First Presentation) Page 8 Step One: calculate the total number of TDRs produced by i, ii and iii below: i. One TDR per full acre of Unconstrained Land. ii. Plus one TDR per four full acres of Constrained Land. iii. Plus one TDR per each full five acres of land subtotaled under i. and ii. in excess of five acres. Step Two: Multiply the total from Step One by a factor of 1.5. 1.7.5 TDR Transfers: The community development director shall esta blish and administer a process for documenting and monitoring the issuance, transfer and permanent extinguishment of TDRs when they are used to increase density in a TDR Receiving Site development. TDR Sending Site property owners who are issued TDRs may retain them, transfer them directly to TDR Receiving Site developers or transfer them to intermediaries who may also retain them or transfer them to TDR Receiving Site developers. The City of Milton may but is not obligated to buy, hold and resell TDRs. The City may also sever TDRs from land that it buys after the effective date of this ordinance for Parks and Greenways and sell these TDRs for use in TDR Receiving Site developments. The price paid for TDRs is determined by negotiation between TDR buyers and sellers. 1.7.6 TDR Receiving Sites: TDRs may be transferred to the TDR Receiving Sites designated by this code and any additional TDR Receiving Sites designated by the City. Parcels located within the Maximum Two Story Height Zone designated within this district shall not serve as TDR Receiving Sites. TDR Receiving Site owners can build at or below the Base Densities established by code without any use of TDRs. However, owners who choose to do so may exceed the Base Densities and achieve the established maximum densities at the transfer ratio set forth in Section 1.7.7. 1.7.7 TDR Transfer Ratio: Pursuant to this code, developers of projects on TDR Receiving Sites may use the TDRs to exceed Base Densities and achieve the maximum code -allowed Density at the transfer ratio of four building units per full TDR. Building Units shall be exchanged for Functions as set forth in Section 1.6.5. 1.7.8 Unified Sending/Receiving Site: A TDR Sending Site and a TDR Receiving Site may occur on a single parcel if the respective portions of the parcel meet all criteria. TDRs from the Sending Site portion of the parcel shall be allocated using the formula provided in 1.7.4 except TDRs shall not be granted open space and Greenway dedications that are required as a condition of site development. TDRs from the TDR Sending Site portion of the parcel may be transferred to the TDR Receiving Site portion of the parcel, transferred to a separate TDR Receiving Site or to any combination of on -site and off-site TDR Receiving Sites. 1.7.9 Reserved. 1.7.10 Compliance Requirements. a. When the use of TDR results in divisions of land, TDR compliance shall occur prior to final subdivision map approval. b. When the use of TDR results in additional Density without a division of land, TDR compliance shall occur prior to building permit issuance. - THE CODE OF THE Chapter 64 - ZONING ARTICLE XX. - DEERFIELD FORM-BASED CODE ARTICLE 1. GENERAL RZ14-13 – Text Amendment Prepared for the City of Milton Mayor and City Council Meeting on 7/29/2014 August 4, 2014 (First Presentation) Page 9 c. In no event shall any component of this TDR program have application to any TDR Sending Site or TDR Receiving Site outside the jurisdictional boundary of the City of Milton. - THE CODE OF THE Chapter 64 - ZONING ARTICLE XX. - DEERFIELD FORM-BASED CODE ARTICLE 2. REGULATING PLANS RZ14-13 – Text Amendment Prepared for the City of Milton Mayor and City Council Meeting on 7/29/2014 August 4, 2014 (First Presentation) Page 10 ARTICLE 2. REGULATING PLANS 2.1 ARTICLE APPLICABILITY 2.2 INFILL REGULATING PLAN REQUIREMENTS 2.3 LANDSCAPE BUFFERS 2.1 ARTICLE APPLICABILITY 2.1.1 The geographic locations of the following shall be as set forth in the Deerfield/Highway 9 Regulating Plan: a. Transect Zones. b. Existing Civic Building Sites and Civic Spaces. c. Thoroughfare network, existing and planned. d. A differentiation of existing Thoroughfares as A-Grid and B-Grid. Buildings along the A-Grid shall be held to the highest standard of this code in support of pedestrian activity. Buildings along the B-Grid may be more readily considered for Warrants allowing automobile-oriented standards. e. Special Districts. f. A zone where the maximum height of buildings shall be the lesser of two stories or 30 feet, regardless of Transect Zone or Special District, as indicated by the Maximum Two -Story Building Height Zone. g. A zone where the maximum height of buildings shall be 12 stories regardless of Transect Zone or Special District, as indicated by the Maximum Twelve-Story Building Height Zone. 2.1.2 The Deerfield/Highway 9 Regulating Plan is an exclusive and mandatory regulation and shall supersede and replace the previous zoning classifications . Property owners within the plan area shall submit Building Scale Plans under Article 4 of this code in accordance with the provisions of this code. 2.1.3 The owner of a parcel or abutting parcels in this district may apply for a Warrant to adjust the locations of Thoroughfares from those shown in the Deerfield/Highway 9 Regulating Plan by up to a total of 300 horizontal feet, provided that the interconnected network shown in the Deerfield/Highway 9 Regulating Plan is maintained. 2.1.4 The owner of a parcel or abutting parcels in this district may initiate the preparation of an Infill Regulating Plan in accordance with Section 2.2 of this code. 2.2 INFILL REGULATING PLAN REQUIREMENTS 2.2.1 Approval of Infill Regulating Plans is pursuant to the procedures for rezoning as set forth in Article XIV in Chapter 64 of this zoning ordinance. - THE CODE OF THE Chapter 64 - ZONING ARTICLE XX. - DEERFIELD FORM-BASED CODE ARTICLE 2. REGULATING PLANS RZ14-13 – Text Amendment Prepared for the City of Milton Mayor and City Council Meeting on 7/29/2014 August 4, 2014 (First Presentation) Page 11 2.2.2 Infill Regulating Plans shall include one or more maps showing the following, in compliance with the standards described in this Article 2 of this code: a. Transect Zones. b. Density by Transect Zone. c. Civic Building Sites and Civic Spaces. d. Thoroughfare network. e. A differentiation of the Thoroughfares as A-Grid and B-Grid. Buildings along the A-Grid shall be held to the highest standard of this code in support of pedestrian activity. Buildi ngs along the B- Grid may be more readily considered for Warrants allowing automobile-oriented standards. Newly-created B-Grid Thoroughfares are only allowed in Zone T5, Zone T6, and Civic Zones. The Frontages assigned to the B-Grid shall not exceed 70% of the total length of Frontages within the combined area of the Infill Regulating Plan's T5, T6, and Civic Zones. f. Special Requirements, if any. g. Designation of a mandatory Setback for buildings from any lot line, if any. h. Mandatory Private Frontages, if any. i. Landscape buffers required by Section 2.3Article 2 of this code, if any. 2.2.3 The following elements shall not deviate from those established in the Deerfield/Highway 9 Regulating Plan: a. Mandatory Public Frontages along existing Thoroughfares. b. Greenways, although their exact locations may vary provided the connections to adjacent sites shown in the Deerfield/Highway 9 Regulating Plan are maintained. 2.2.4 Each Infill Regulating Plan for a site greater than 4 acres in area shall dedicat e at least 5% of its total area to Civic Space. 2.2.5 Each Infill Regulating Plan for a site greater than 8 acres in area shall dedicate at least 10% of its total area to Civic Space. 2.2.6 Civic Space shall be designed as generally described in Table 5 and as allowed in the Transect Zones in accordance with Table 11 section d. Greenways shall not be counted towards this requirement, except where they pass through a Civic Space meeting the requirements of Table 5. 2.2.7 The Thoroughfare network for the Infill Regulating Plan shall be designed to define Blocks not exceeding the size prescribed in Table 11 section b. The perimeter shall be measured as the sum of lot Frontage Lines of the Block. When one side of the Block perimeter is at the edge of a dev elopment parcel the maximum Block perimeter shall be subject to approval by Warrant. 2.2.8 All Thoroughfares shall terminate at other Thoroughfares, forming an interconnected network. Internal Thoroughfares shall connect wherever possible to those on adjacent sites. Where adjacent sites are non-conforming with regards to the Thoroughfare networ k requirements of this code, stub-out streets shall be provided to provide future connectivity at such time as the adjacent sites are developed or redeveloped. Culs-de-sac are allowed only by Warrant to accommodate specific site conditions. - THE CODE OF THE Chapter 64 - ZONING ARTICLE XX. - DEERFIELD FORM-BASED CODE ARTICLE 2. REGULATING PLANS RZ14-13 – Text Amendment Prepared for the City of Milton Mayor and City Council Meeting on 7/29/2014 August 4, 2014 (First Presentation) Page 12 2.3 LANDSCAPE BUFFERS 2.3.1 The requirements of Section 64-237 shall not apply to property within this district except as set forth below. 2.3.2 Adjacent to a Special District, a T2 Zone, or a single-family residential use not located within this district, the following shall apply: a. For sites on 4 acres or less in area, a 50 foot wide undisturbed buffer, with a 10 foot improvement setback, shall be located adjacent to the Special District, T2 Zone, or single -family residential use not located within this district. b. For sites greater than 4 acres in area, a 75 foot wide undisturbed buffer, with a 10 foot improvement setback, shall be located adjacent to the Special District, T2 Zone, or single -family residential use not located within this district. 2.3.3 To make buffers seem natural, an equal mix of four species from Section 60 -88 Appendix R: Acceptable Evergreen Plant Material for Milton Undisturbed Buffers shall be used. 2.3.4 Modifications to the minimum buffer requirements may be granted only by Variance. - THE CODE OF THE Chapter 64 - ZONING ARTICLE XX. - DEERFIELD FORM-BASED CODE ARTICLE 3. PUBLIC STANDARDS RZ14-13 – Text Amendment Prepared for the City of Milton Mayor and City Council Meeting on 7/29/2014 August 4, 2014 (First Presentation) Page 13 ARTICLE 3. PUBLIC STANDARDS 3.1 ARTICLE APPLICABILITY 3.2 THOROUGHFARES—VEHICULAR LANES 3.3 THOROUGHFARES—BICYCLE FACILITIES 3.4 THOROUGHFARES—PUBLIC FRONTAGES 3.5 CIVIC ZONES 3.1 ARTICLE APPLICABILITY 3.1.1 All sites, including those in Special Districts, shall incorporate Thoroughfares and Civic Spaces as established in the Deerfield/Highway 9 Regulating Plan or an approved Infill Regulating Plan. 3.1.2 Where no approved Infill Regulating Plan exists: a. Thoroughfares not shown in the Deerfield/Highway 9 Regulating Plan may be permitted, provided that all Thoroughfares shall terminate at other Thoroughfares, forming an interconnected network. Internal Thoroughfares shall connect wherever possible to those on adjacent sites. Where adjacent sites are non-conforming with regards to the Thoroughfare network requirements of this code, stub-out streets shall be provided to provide future connectivity at such time as the adjacent sites are developed or redeveloped. Cul-de-sacs are allowed only by Warrant to accommodate specific site conditions. b. Civic Spaces not shown in the Deerfield/Highway 9 Regulating Plan may be provided. c. Sites of more than 4 acres shall be designed to define Blocks not exceeding the size prescribed in Table 11 section b. The perimeter shall be measured as the sum of lot Frontage Lines of the Block. When one side of the Block perimeter is at the edge of a development parcel the maximum Block perimeter shall be subject to approval by Warrant. 3.1.3 Thoroughfares are intended for use by vehicular, bicycle, and pedestrian traffic and to provide access to lots and Civic Spaces. Thoroughfares shall generally consist of Vehicular Lanes and Public Frontages. Bicycle facilities, where provided along a Thoroughfare, shall also be considered part of said Thoroughfare. 3.1.4 Thoroughfares and Civic Spaces shall be designed according to their Transect Zones. The Public Frontages of Thoroughfares that pass from one Transect Zone to another shall be adjusted so that the newer Thoroughfare's vehicular lane and parking assemblies and Public Frontages shall taper to meet those of the existing Thoroughfare. 3.1.5 Each lot shall Enfront a vehicular Thoroughfare or Civic Space, except that 20% of the lots within each Transect Zone may Enfront a Passage. 3.1.6 Standards for Thoroughfares within Special Districts shall be determined by the public works director, who may, at their discretion, require alternative standards if the public health, safety, and welfare demand. - THE CODE OF THE Chapter 64 - ZONING ARTICLE XX. - DEERFIELD FORM-BASED CODE ARTICLE 3. PUBLIC STANDARDS RZ14-13 – Text Amendment Prepared for the City of Milton Mayor and City Council Meeting on 7/29/2014 August 4, 2014 (First Presentation) Page 14 3.1.7 Thoroughfares along a designated B-Grid may be exempted by Warrant from one or more of the specified Public Frontage or Private Frontage requirements. See Tables 8. 3.1.8 Rear Alleys and Rear Lanes shall be provided where required by Table 11 section c. 3.1.9 Rear Alleys shall be paved for their width. 3.1.10 Rear Lanes may be paved lightly to driveway standards. Rear Lanes shall consist of gravel or landscaped edges, and shall have no raised Curb. 3.2 THOROUGHFARES—VEHICULAR LANES 3.2.1 Thoroughfares may include vehicular lanes in a variety of widths for parked and moving vehicles, and Bicycle Lanes. The standards for vehicular lanes shall be as shown in Table 3A, subject to approval of the public works director, who may require alternative standards if the public health, safety, an d welfare demand. 3.3 THOROUGHFARES—BICYCLE FACILITIES 3.3.1 A bicycle network consisting of Greenways (which may include Multi -Use Trails) and Bicycle Lanes shall be provided as specified in the Deerfield/Highway 9 Regulating Plan. The bicycle network s hall be connected to existing or proposed city and regional networks wherever possible. 3.3.2 Greenway requirements may be satisfied by providing a minimum 30 foot wide open space corridor in the approximate location shown on the Deerfield/Highway 9 Regu lating Plan, granting the City of Milton access easements for future Multi-Use Trails, and payment to the City of Milton in lieu of the installation as set forth in Section 48-674 of the City Code. 3.4 THOROUGHFARES—PUBLIC FRONTAGES 3.4.1 General to zones T2, T3, T4, T5, T6. a. The Public Frontage contributes to the character of the Transect Zone and includes Sidewalk, Curb, Planter, trees, and a Landscape Strip where required. If a Greenway is located in what would otherwise be part of the Public Frontage then it shall also be considered part of the Public Frontage. b. Public Frontages shall be designed as shown in Table 4A, Table 4B, and Table 4D and allocated within Transect Zones, where applicable, as specified in Table 11 section c. c. Retrofit of existing Thoroughfares. i. Retrofit of existing Thoroughfares shall be accomplished in the Public Frontage by widening Sidewalks, adding trees, adding public lighting, adding a required Landscape Strip, and adding any required Greenways. ii. Retrofit of State Route 9, Windward Parkway, Deerfield Parkway, Morris Road, McGinnis Ferry Road, Old Morris Road, Webb Road, Bethany Bend, and Cogburn Road may also be accomplished in the Public Frontage by adding one Slip Road along one or both sides of the Thoroughfare utilizing one of the Thoroughfares identified as suitable for a Slip Road in - THE CODE OF THE Chapter 64 - ZONING ARTICLE XX. - DEERFIELD FORM-BASED CODE ARTICLE 3. PUBLIC STANDARDS RZ14-13 – Text Amendment Prepared for the City of Milton Mayor and City Council Meeting on 7/29/2014 August 4, 2014 (First Presentation) Page 15 Table 3B. Where this occurs Public Frontage improvements required along the existing Thoroughfare shall be provided, and additional Public Frontage improvements shall be provided along one side of the new Thoroughfare adjacent to the private lot as illustrated in Table 4C. iii. Where retrofit occurs and there is insufficient right-of-way, the right-of-way shall be expanded or a public access easement provided to the City of Milton. Where the latter occurs, the Frontage Line will not be congruent with the right-of-way. d. Public lighting shall be provided as established in Section 4.12. e. Street trees shall be provided in the Public Frontage Planter and required Landscape Zone, subject to the following: i. Along Highway 9 street trees shall be placed and sized in accordance with the standards established by the Georgia Department of Transportation. ii. Along other Thoroughfares street trees shall be placed and sized in accordance with the standards established by the American Association of State Highway and Transportation Officials. f. The maintenance of lights and trees shall be the responsibility of the adjacent property owner or as otherwise provided. g. Sidewalks shall continue across the entire length of all concrete aprons and shall match the appearance of adjacent Sidewalk material in color, texture, and design. 3.4.2 Specific to zones T2, T3. a. The Public Frontage shall include trees of various species, naturalistically clustered. 3.4.3 Specific to zones T3, T4, T5, T6. a. Street trees shall be spaced a minimum of 30 and a maximum of 60 feet on-center. The spacing may be adjusted by Warrant for specific site conditions. b. The introduced landscape shall consist of durable species tolerant of soil compaction. 3.4.4 Specific to zone T4. a. Street trees shall be planted in a regularly-spaced Allee pattern of single or alternated species per street with shade canopies of a height that, at maturity, clears at least one Story. 3.4.5 Specific to zone T5, T6. a. Street trees shall be planted in a regularly-spaced Allee pattern of single species per street with shade canopies of a height that, at maturity, clears at least one Story. At Retail Frontages, the spacing of the trees may be irregular, to avoid visually obscuring the Shopfronts. 3.4.6 Specific to State Route 9, Deerfield Parkway, Morris Road, McGinnis Ferry Road, Old Morris Road, Webb Road, Bethany Bend, and Cogburn Road. a. The requirements of specific Transect Zones and Special Districts notwithstanding, the Public Frontage shall be as set forth below and in Table 4B except as otherwise required by the Georgia Department of Transportation or the director of public works, who may require alternative standards if the public health, safety, and welfare demand. - THE CODE OF THE Chapter 64 - ZONING ARTICLE XX. - DEERFIELD FORM-BASED CODE ARTICLE 3. PUBLIC STANDARDS RZ14-13 – Text Amendment Prepared for the City of Milton Mayor and City Council Meeting on 7/29/2014 August 4, 2014 (First Presentation) Page 16 b. The Public Frontage shall include a Landscape Strip with a minimum width of 20 feet between the Sidewalk and the Frontage Line. Street trees shall be located in the Landscape Strip and spaced a minimum of 30 and a maximum of 60 feet on -center. The spacing may be adjusted by Warrant to accommodate specific site conditions. Walkways may traverse the Landscape Strip. c. Street trees shall be a minimum of 5 inch caliper at the time of planting. 3.4.7 Specific to State Route 9. a. Public Frontages in areas with a speed limit equal to or lower than 35 miles per hour shall include a Sidewalk with a minimum width of 8 feet and a Planter having a minimum width of 10 feet. Street trees shall be located in the Planter and spaced a minimum of 30 and a maximum of 60 feet on-center. The spacing may be adjusted by Warrant to accommodate specific site conditions. b. Public Frontages in areas with a speed limit greater than 35 miles per hour shall include a Sidewalk with a minimum width of 8 feet and a Planter with a minimum width of 4 feet. St reet trees are not required in the Planter. c. A combination of October Glory and Red Sunset Maples with flowering cherries and dogwood shall be planted. 3.4.7 Specific to Windward Parkway. a. The Public Frontage shall include a Sidewalk with a minimum width of 8 feet and a Planter adjacent to the curb having a minimum width of 2 feet, a maximum width of 12 feet, and an average width of 6 or more feet. b. A combination of October Glory and Red Sunset Maples with flowering cherries and dogwoods shall be planted. 3.4.8 Specific to Deerfield Parkway. a. The Public Frontage shall include a Sidewalk with a minimum width of 6 feet and a Planter adjacent to the curb having a minimum width of 2 feet, a maximum width of 12 feet, and an average width of 6 or m ore feet. b. The Sidewalk shall meander among the trees. c. Willow Oaks shall be planted in the Landscape Strip. 3.4.9 Specific to Morris Road, McGinnis Ferry Road, Old Morris Road, Webb Road, Bethany Bend, and Cogburn Road. a. The Public Frontage shall include a Sidewalk with a minimum width of 6 feet and a Planter adjacent to the curb having a minimum width of 2 feet, a maximum width of 12 feet, and an average width of 6 or more feet. b. Morris Road and McGinnis Ferry Road: Legacy Sugar Maples shall be planted. c. Webb Road: October Glory and Red Sunset Maples shall be planted and shall alternate in groups of three trees by species. d. Old Morris Road: October Glory Red Maples shall be planted. e. Cogburn Road and Bethany Bend: No species requirements exist. - THE CODE OF THE Chapter 64 - ZONING ARTICLE XX. - DEERFIELD FORM-BASED CODE ARTICLE 3. PUBLIC STANDARDS RZ14-13 – Text Amendment Prepared for the City of Milton Mayor and City Council Meeting on 7/29/2014 August 4, 2014 (First Presentation) Page 17 3.5 CIVIC ZONES 3.5.1 General. a. Civic Zones are designated on the Deerfield/Highway 9 Regulating Plan, on an Infill Regulating Plan, or on a site subject to Section 3.5.2(a) or 3.5.2(b) as Civic Building Sites or Civic Spaces. 3.5.2 Civic Spaces. a. Sites of more than 4 acres and not located within an Infill Regulating Plan shall dedicate at least 5% of their total area to Civic Space. Greenways shall not be counted towards this requirement, except where they pass through a Civic Space meeting the requirements of Table 5. b. Sites of more than 8 acres and not located within an Infill Regulating Plan shall dedicate at least 10% of their total area to Civic Space. Greenways shall not be counted towards this requirement, except where they pass through a Civic Space meeting the requirements of Table 5. c. Civic Spaces shall be designed as described in Table 5 and shall be accessible to the public during normal City of Milton park hours or longer each day. d. Each Civic Space shall have a minimum of 50% of its perimeter Enfronting one or more Thoroughfares, except for Playgrounds and Parks. 3.5.3 Civic Spaces shall provide pedestrian access to adjacent Thoroughfares and sites as follows: a. One or more access points shall be provided every 200 feet of Civic Space perimeter along a Thoroughfare, and provided that no single Thoroughfare shall have less than one access point. b. One or more access points shall be provided every 600 feet of Civic Space perimeter along an adjacent site. Relief from this requirement may be granted by Warrant where the adjacent site cannot accommodate said access. c. For the purposes of this section an access point may include a walkway, Multi -Use trail, or other paved or unpaved surface suitable for walking. 3.5.4 Any street furniture, benches, trash receptacles or pedestrian street lights installed in a Civic Space must be of a type indicated below or similar as approved by the city design review board. a. Benches: Victor Stanley Classic Series CR-138 in black with no center arm rest. b. Trash receptacles: Victor Stanley D-35 in black. c. Pedestrian street light: Philips Lumec Domus Series. - THE CODE OF THE Chapter 64 - ZONING ARTICLE XX. - DEERFIELD FORM-BASED CODE ARTICLE 4. BUILDING SCALE PLANS RZ14-13 – Text Amendment Prepared for the City of Milton Mayor and City Council Meeting on 7/29/2014 August 4, 2014 (First Presentation) Page 18 ARTICLE 4. BUILDING SCALE PLANS 4.1 ARTICLE APPLICABILITY 4.2 NON-CONFORMING PROPERTIES 4.3 SPECIAL REQUIREMENTS 4.4 BUILDING PLACEMENT 4.5 BUILDING FORM 4.6 BUILDING FUNCTION 4.7 SCREENING AND FENCING 4.8 STORMWATER MANAGEMENT FACILITIES 4.9 OFF-STREET PARKING AND LOADING 4.10 PARKING LOCATION STANDARDS 4.11 LANDSCAPE STANDARDS 4.12 LIGHTING STANDARDS 4.13 DRIVE THROUGH STANDARDS 4.14 GASOLINE STATION STANDARDS 4.15 SIGN STANDARDS 4.16 ARCHITECTURAL STANDARDS 4.1 ARTICLE APPLICABILITY 4.1.1 Lots and buildings shall be subject to the requirements of this Article 4 of this code. 4.1.2 Building and site plans submitted under this code shall show compliance with the following standards described in this code: a. For preliminary site and building approval: i. Building Placement. ii. Building Form. iii. Building Function. iv. Public Frontages. b. For final approval, in addition to the above: i. Landscaping. ii. Signage. - THE CODE OF THE Chapter 64 - ZONING ARTICLE XX. - DEERFIELD FORM-BASED CODE ARTICLE 4. BUILDING SCALE PLANS RZ14-13 – Text Amendment Prepared for the City of Milton Mayor and City Council Meeting on 7/29/2014 August 4, 2014 (First Presentation) Page 19 iii. Special Requirements, if any. iv. Architecture. 4.1.3 Special Districts shall be governed by the base zoning, as indicated on the Deerfield/Highway 9 Regulating Plan. 4.1.3 Special Districts shall be governed by standards approved by the Mayor and City Council at the time of their designation as Special Districts, which standards may be specifically prepared for the particular Special District or may be the same standards as described elsewhere in this code if specifically identified by the Mayor and Council as being applied to the Special District, except as otherwise specifically identified in Article 3. 4.1.4 Civic Building Sites shall not be subject to the requirements of this code. The particulars of their design shall be determined by Warrant. Buildings housing Civic Functions that do not meet the definition of a Civic Building shall be subject to the requirements of this code. 4.2 NON-CONFORMING PROPERTIES 4.2.1 Non-conforming properties shall comply with Section 64-74 except as indicated to the contrary below. 4.2.2 A property existing at the date of adoption of this code or any amendments thereto that does not conform to the provisions of this code or any subsequent amendment may continue in use as they are until a Substantial Modification is requested, at which time the community development director shall determine the provisions of this code that apply and shall grant Warrants for those that do not apply. 4.2.3 Lots existing at the time of adoption of this code shall not be considered non-conforming with regard to width. 4.2.4 The modification of existing buildings is permitted By Right if such c hanges result in greater conformance with the specifications of this code (as illustrated in Table 2). 4.3 SPECIAL REQUIREMENTS 4.3.1 To the extent that the Deerfield/Highway 9 Regulating Plan or an Infill Regulating Plan designates any of the following Special Requirements, these standards shall apply to said requirements: a. A mandatory Retail Frontage designation requires that a building provide a Shopfront at Sidewalk level along the entire length of its Private Frontage. The Shopfront shall be no le ss than 70% glazed in clear glass and shaded by an awning overlapping the Sidewalk as illustrated in Table 8. The first Story shall be confined to Retail or Office use through the depth of the Second Layer. b. A mandatory Gallery Frontage designation requires that a building provide a permanent cover over the Sidewalk, either cantilevered or supported by columns (as generally illustrated in Table 8). A Gallery Frontage may be combined with a Retail Frontage. - THE CODE OF THE Chapter 64 - ZONING ARTICLE XX. - DEERFIELD FORM-BASED CODE ARTICLE 4. BUILDING SCALE PLANS RZ14-13 – Text Amendment Prepared for the City of Milton Mayor and City Council Meeting on 7/29/2014 August 4, 2014 (First Presentation) Page 20 c. A mandatory Arcade Frontage designation requires that a building overlap the Sidewalk such that the first floor Facade is a colonnade (as illustrated in Table 8). The Arcade Frontage may be combined with a Retail Frontage. d. A Coordinated Frontage designation requires that the Public Frontage (Tab le 4a) and Private Frontage (Table 8) be coordinated as a single, coherent landscape and paving design. e. A cross Block Passage designation requires that a minimum 8 foot wide pedestrian access be reserved between buildings. 4.4 BUILDING PLACEMENT 4.4.1 Specific to zones T2, T3, T4, T5, T6. a. Newly platted lots shall be dimensioned according to Table 11 section e except as otherwise approved by Warrant. b. Building Placement types shall be as shown in Table 7 and Table 11 section h except as otherwise approved by Warrant. c. Buildings shall be placed in relation to the boundaries of their lots according to Table 11 and Table 13 subject to the following: i. Front Setbacks shall be measured from the Frontage Line. ii. Side and Rear Setbacks shall be m easured from the Lot Line. iii. The requirements of Table 11 and Table 13 notwithstanding, all of a portion of any required Landscape Strip may be counted towards meeting a minimum Front Setback by Warrant. iv. As otherwise approved by Warrant. d. The requirements of Table 11 and Table 13 notwithstanding, along State Route 9 certain buildings may be placed subject to the following requirements: i. Buildings between 10,000 and 50,000 square feet may be located a maximum distance of 100 feet from the right-of-way along State Route 9 with no intervening Thoroughfare. ii. Buildings 50,000 square feet or greater may be located a maximum distance of 300 feet from the right-of-way along State Route 9 with no intervening Thoroughfare. e. One Principal Building at the Frontage, and one Outbuilding to the rear of the Principal Building, may be built on each Lot as shown in Table 13 except as set forth in Section 4.4.1 (d) for certain sized buildings along State Route 9 or as otherwise approved by Warrant. f. Lot coverage by building shall not exceed that recorded in Table 11 section e except as otherwise approved by Warrant. g. Facades shall be built parallel to a rectilinear Principal Frontage Line or to the tangent of a curved Principal Frontage Line, and along a minimum percentage of the Frontage width at the Setback, as specified as Frontage Buildout on Table 11 section f. These requirements shall not apply to buildings subject to Section 4.4.1 (d) or as otherwise approved by Warrant. h. Rear Setbacks for Outbuildings shall be a minimum of 12 feet measured from the centerline of a Rear Alley or Rear Lane easement. In the absence of Rear Alley or Rear Lane, the rear Setback shall be as shown in Table 11. - THE CODE OF THE Chapter 64 - ZONING ARTICLE XX. - DEERFIELD FORM-BASED CODE ARTICLE 4. BUILDING SCALE PLANS RZ14-13 – Text Amendment Prepared for the City of Milton Mayor and City Council Meeting on 7/29/2014 August 4, 2014 (First Presentation) Page 21 i. To accommodate slopes over 10%, relief from front Setback requirements of Table 11 is available by Warrant. j. To accommodate the preservation of specimen trees as established in the tree preservation ordinance, relief from all setbacks, lot widths, and lot coverage is available by Warrant. 4.4.2 Specific to zones T5 and T6. a. The Principal Entrance shall be on a Frontage Line except as set forth in Section 4.4.1(d) for certain sized buildings along State Route 9. 4.5 BUILDING FORM 4.5.1 General to zones T2, T3, T4, T5, T6. a. Private Frontages. i. The Private Frontage for buildings subject to Section 4.4.1(d) shall conform to Table 8 and Table 11, except that the edge of an Open Parking may be substituted for the Thoroughfare. ii. The Private Frontage of all other buildings shall conform to Table 8 and Table 11. b. Buildings on corner Lots shall have two Private Frontages as shown in Table 13. Prescriptions for the Second and Third Layers pertain only to the Principal Frontage. Prescriptions for the First Layer pertain to both Frontages. c. Building heights and Stepbacks shall conform to Table 6 except that: i. Within the Maximum Two-Story Building Height Zone the maximum height shall be the lesser of two stories or 30 feet, regardless of Transect Zone or Special District. ii. Within the Maximum Twelve-Story Building Height Zone the maximum height shall be 12 stories, regardless of Transect Zone or Special District. iii. Within 85 feet of a T2 zone the maximum height shall be the lesser of two stories or 30 feet, regardless of Transect Zone or Special District. d. Stories may not exceed 14 feet in height from finished floor to finished ceiling, except for a first floor Commercial or Civic Function, which shall be a minimum of 11 feet with a maximum of 25 feet. A single floor level exceeding 14 f eet, or 25 feet at ground level, shall be counted as two Stories. Mezzanines extending beyond 33% of the floor area shall be counted as an additional Story. e. A first level Residential Function may be raised a maximum of 6 feet from average Sidewalk grade unless a greater height is approved by Warrant. f. In a Parking Structure each above-ground level counts as a single Story regardless of its relationship to habitable Stories. g. Building height limits do not apply to attics or raised basements, masts, belfries, clock towers, chimney flues, water tanks, or elevator bulkheads. Attics shall not exceed 14 feet in height. h. The habitable area of an Accessory Unit within a Principal Building or an Outbuilding shall not exceed 440 square feet, excluding the parking area. - THE CODE OF THE Chapter 64 - ZONING ARTICLE XX. - DEERFIELD FORM-BASED CODE ARTICLE 4. BUILDING SCALE PLANS RZ14-13 – Text Amendment Prepared for the City of Milton Mayor and City Council Meeting on 7/29/2014 August 4, 2014 (First Presentation) Page 22 i. The maximum number of attached Rowhouse units in a building shall be eight. 4.5.2 Specific to zone T3. a. No portion of the Private Frontage may Encroach the Sidewalk. b. Open porches may Encroach the First Layer for 50% of the layer's depth. c. Balconies and bay windows may Encroach the First Layer for 25% of the layer's depth except that balconies on porch roofs may Encroach as does the porch. 4.5.3 Specific to zone T4. a. Balconies, open porches and bay windows may Encroach the First Layer for 50% of the layer's depth. 4.5.4 Specific to zones T5, T6. a. Except where prohibited, Awnings, Arcades, and Galleries may Encroach the Sidewalk to within 2 feet of the Curb but must clear the Sidewalk vertically by at least 8 feet. b. Stoops, Lightwells, balconies, bay windows, and terraces may Encroach the First Layer for 100% of the layer's depth. c. Along A-Grids, in the absence of a building Facade along any part of a Frontage Line a Streetscreen shall be built co-planar with the Facade. d. Streetscreens shall be between 3.5 and 8 feet in height. The Streetscreen may be replaced by a hedge or fence by Warrant. Streetscreens shall have openings no larger than necessary to allow automobile and pedestrian access. e. A walkway with a minimum width of 4 feet shall connect all building entrances to the public Sidewalk. f. A first level Residential or Lodging Function shall be raised a minimum of 2 feet from average Sidewalk grade unless a lesser height is approved by Warrant to allow wheelchair access. 4.6 BUILDING FUNCTION 4.6.1 General to zones T2, T3, T4, T5, T6. a. Buildings in each Transect Zone shall conform to the Functions on Table 9A, Table 10 and Table 11. Functions that do not conform shall require approval by Use Permit or Warrant as specified on Table 10. b. Home Occupation shall be permitted as an accessory us in accordance with Section 64 -213 except as indicated to the contrary below: i. Home Occupations should be invisible from the Frontage. ii. Home Occupations shall be located either within the house or in an Outbuilding. 4.6.2 Specific to zones T2, T3. a. Accessory Functions of Restricted Lodging or Restricted Office shall be permitted within an Accessory Building. See Table 9A. - THE CODE OF THE Chapter 64 - ZONING ARTICLE XX. - DEERFIELD FORM-BASED CODE ARTICLE 4. BUILDING SCALE PLANS RZ14-13 – Text Amendment Prepared for the City of Milton Mayor and City Council Meeting on 7/29/2014 August 4, 2014 (First Presentation) Page 23 4.6.3 Specific to zones T4, T5. a. Accessory Functions of Limited Lodging or Limited Office shall be permitted within an Accessory Building. See Table 9A. 4.6.4 Specific to zone T4-Open. a. The Function standards of T5 shall apply. See Table 9A. 4.6.5 Specific to zone T5-Limited. a. Retail Functions shall only be permitted in buildings having two or more Stories and shall be limited to the first Story. No individual Retail establishment shall exceed 15,000 square feet in floor area. b. The Functions standards of T5 shall apply to all non-Retail Functions. 4.6.6 Specific to zones T4-Open, T5, T6. a. Apartments shall only be permitted subject to use permit and as follows: i. In buildings where the entire first Story is used for non -Residential Functions or residential lobbies, leasing offices, fitness centers, or multi-purpose rooms serving the Residential Function; or ii. On sites where more than 50% of the total floor area is dedicated to Office, Retail, or Lodging Functions. b. Rowhouses shall only be permitted subject to use permit, and only on sites where more than 50% of the total floor area is dedicated to Office, Retail, or Lodging Functions. 4.7 SCREENING AND FENCING 4.7.1 Fences, walls and hedges shall be subject to the following: a. General to zones T2, T3, T4, T5, T6. i. Chainlink fencing is prohibited from view from a public Thoroughfare and shall be black or hunter green vinyl clad. ii. Retaining walls shall be faced with or constructed of stone, brick, or decorative concrete modular block. Retaining walls above three feet high shall have a continuous planting of evergreens in front of them. b. Specific to the First Layer in all zones along State Route 9 and Windward Parkway. i. A continuous fence is required in the First Layer except at driveway and pedestrian walkway openings. Said fence shall also include a minimum 3 foot wide landscaped zone on the exterior of the fencing, which may be included within any required Landscape Strip. ii. Fences and posts shall be between 42 and 55 inches in height measured from finished grade. iii. Allowed fencing material shall be primarily pressure treated dark stained wood and may include accents of natural or man-made stone, brick, aluminum, ornamental or decorative wrought iron or architectural concrete. Accents shall not exceed 20% of the total surface - THE CODE OF THE Chapter 64 - ZONING ARTICLE XX. - DEERFIELD FORM-BASED CODE ARTICLE 4. BUILDING SCALE PLANS RZ14-13 – Text Amendment Prepared for the City of Milton Mayor and City Council Meeting on 7/29/2014 August 4, 2014 (First Presentation) Page 24 area of the fence and any openings within it. Fencing shall be in keeping with the equestrian and rural character of Milton. Unpainted or unstained pressure treated wood is prohibited. c. Specific to zones T2, T3, T4 except the First layer along State Route 9 or Windward Parkway. i. Where permitted within the First Layer, fences, walls and hedges shall not exceed 4 2 inches in height. Retaining walls are excluded from this requirement. ii. Opaque fences are prohibited in the First Layer. iii. In all other locations fences and walls shall not exceed 6 feet in height and shall be at maximum of 50% opaque above 42 inches in height. This requirement shall not apply to fences and walls screening refuse areas or loading docks. d. Specific to zones T5, T6 except the First Layer along State Route 9 or Windward Parkway. i. Within the first Layer, fences, walls and hedges shall not exceed 55 inches in height. Retaining walls are excluded from this requirement. ii. Opaque fences are prohibited in the First Layer. iii. In all other locations fences and walls shall not exceed 6 feet in height and may be 100% opaque. 4.7.2 The following elements shall be screened from view of any A -Grid Thoroughfare or Civic Space as set forth below. To comply with the maximum height requirements above, any screening that exceeds the maximum requirements for the First Layer shall not be located within it. a. Loading docks and service areas shall be screened by either: i. A minimum 6 foot high opaque fence matching the material of the building; or ii. A 15 foot wide landscape zone planted with a continuous hedge of evergreen shrubs. Shrubs shall be moderately growing, be a minimum height of 42 inches at time of planting, and reach a minimum height of 6 feet within two years of planting. b. Open Parking or gas fueling bays shall be screened by a continuous screen of evergreen plantings. Said screen shall be 3 feet in height at planting and 4 feet minimum height at maturity and 3 to 8 feet in width at maturity. 4.7.3 Refuse areas (dumpsters) shall be placed in the least visible location from an A -Grid Thoroughfare, and shall be enclosed pursuant to rules of the Fulton County Health Department. Enclosures shall be constructed of the same exterior wall material used for the Principal Building. The enclosure shall be 1 foot higher than what is contained in the interior. The door enclosing the area sha ll be made out of wood or a material that has the appearance of wood. 4.7.4 Mechanical features such as HVAC condensers, electrical transformers, heat pumps, and similar features shall not be placed in the First Layer and shall be screened from view of a ny A-Grid Thoroughfare, Civic Space, or any property used or developed for Residential Functions, by one of the following means: a. Placement behind the building; b. 100% opaque fencing which shall be constructed of the same type of exterior material used for the Principal Building; or - THE CODE OF THE Chapter 64 - ZONING ARTICLE XX. - DEERFIELD FORM-BASED CODE ARTICLE 4. BUILDING SCALE PLANS RZ14-13 – Text Amendment Prepared for the City of Milton Mayor and City Council Meeting on 7/29/2014 August 4, 2014 (First Presentation) Page 25 c. By a berm or vegetative screening. The screening shall consist of evergreen shrubs, be a minimum of 42 inches in height at time of planting, and reach a minimum height of 6 feet within two years of planting. 4.7.5 Detention/retention ponds shall have a minimum 10 foot wide landscape area planted to buffer standards with evergreen plantings exterior to any required fence and or required access area. When required, fencing material around detention/retention ponds shall m eet the fencing requirements of Section 4.7.1(c) or as approved by Warrant. 4.8 STORMWATER MANAGEMENT FACILITIES 4.8.1 All facilities shall be in compliance with the Stormwater Management Manual (chapter 20, article IV of the City Code). 4.8.2 Facilities that are located above ground shall be located in the least conspicuous area of the site as engineering standards will allow. 4.8.3 Above-ground stormwater management shall be designed to create a natural look. 4.8.4 The creation of shared stormwater management facilities serving multiple properties is encouraged. 4.9 OFF-STREET PARKING AND LOADING 4.9.1 Off-street parking and loading shall be provided in accordance with Article VII of this zoning ordinance. 4.9.2 Subject to the approval of the director of the community development department by Warrant, off - street parking as required by Article VIII may be reduced and shared parking among uses may be permitted. 4.9.3 On-street parking along the parking lane corr esponding to the Lot Frontage shall be used to satisfy the parking requirements for Residential Functions. 4.9.4 All Office, Lodging, Retail, Civic, and Education Functions, and Apartment Buildings shall provide a minimum of one bicycle rack to accommodate a minimum of one bicycle space for every ten vehicular parking spaces. Said rack(s) shall be located within the Public or Private Frontage. 4.9.5 Sites which exceed the minimum number of required off -street parking spaces by this zoning ordinance shall construct said excess parking spaces of pervious paving. This requirement shall not apply to excess spaces located within a Parking Structure. Where a site contains both Parking Structures and Open Parking area, spaces located in the Parking Structure shall be counted towards meeting the minimum number of required off-street parking spaces before those in Open Parking area. 4.10 PARKING LOCATION STANDARDS 4.10.1 General to zones T2, T3, T4, T5, T6. a. Parking shall be accessed by Rear Alleys or Rear Lanes, when such are available or required. - THE CODE OF THE Chapter 64 - ZONING ARTICLE XX. - DEERFIELD FORM-BASED CODE ARTICLE 4. BUILDING SCALE PLANS RZ14-13 – Text Amendment Prepared for the City of Milton Mayor and City Council Meeting on 7/29/2014 August 4, 2014 (First Presentation) Page 26 b. Open Parking areas on A-Grid Thoroughfares shall be screened from the Public Frontage by a building, Streetscreen, or in accordance with the requirements of Section 4.7.2. c. Open Parking areas on B-Grid Thoroughfares may be unscreened from the Public Frontage except for corner lots at intersections with the A-Grid. d. Rear Alleys, Rear Lanes, and Driveways on adjacent sites shall connect to provide inter -parcel access to minimize curb cuts and improve street traffic flow. 4.10.2 Specific to zones T2, T3. a. Open Parking areas shall be located at the Second and Third Layers, except that Driveways, drop-offs and unpaved parking areas may be located at the First Layer. b. Garages shall be located at the Third Layer except that side- or rear-entry types may be allowed in the First or Second Layer by Warrant. 4.10.3 Specific to zones T3, T4. a. Driveways at Frontages shall be no wider than 10 feet in the First Layer. (Table 2B.f) 4.10.4 Specific to zone T4. a. All parking lots and garages shall be located at the Second or Third Layer. 4.10.5 Specific to zones T5, T6. a. All Open Parking and Parking Structures shall be located at the Second or Third Layer. b. Vehicular entrances to parking lots, drive-throughs, and Parking Structures shall be no wider than 12 feet for one-way access and 24 feet for two-way access at the Frontage. c. Pedestrian exits from all parking lots and Parking Structures shall be directly to a Frontage Line (i.e., not directly into a building) except underground levels which may exit directly into a building. d. Parking Structures on the A-Grid shall have Liner Buildings lining the first and second Stories. 4.11 LANDSCAPE STANDARDS 4.11.1 General to zones T2, T3, T4, T5, T6. a. Impermeable surface shall be confined to the ratio of Lot coverage specified in Table 11 section e. 4.11.2 Specific to zones T2, T3, T4. a. The First Layer shall be landscaped with live grass, trees, shrubs, hedges and other landscaping materials approved by the city arborist and shall not be paved, with the exception of Driveways as specified in Section 4.10.2 and Section 4.10.3. 4.11.3 Specific to zone T3. a. A minimum of two trees approved by the City Arborist shall be planted within the first Laye r for each 30 feet of Frontage Line or portion thereof. - THE CODE OF THE Chapter 64 - ZONING ARTICLE XX. - DEERFIELD FORM-BASED CODE ARTICLE 4. BUILDING SCALE PLANS RZ14-13 – Text Amendment Prepared for the City of Milton Mayor and City Council Meeting on 7/29/2014 August 4, 2014 (First Presentation) Page 27 b. Trees shall be naturalistically clustered. 4.11.4 Specific to zone T4. a. A minimum of one tree approved by the City Arborist shall be planted within the first Layer for each 30 feet of Frontage Line or portion thereof. b. Trees shall be a single species to match the species of Street Trees on the Public Frontage. 4.11.5 Specific to zone T5, T6. a. Trees shall not be required in the first Layer. b. The first Layer may be paved to match the pavement of the Public Frontage. 4.11.6 The following non-native invasive species shall not be planted anywhere in this district: a. Ailanthus altissima (tree-of-heaven). b. Albizia julibrissin (mimosa). c. Alternanthera philoxeroides (alligator weed). d. Eichhornia crassipes (water hyacinth). e. Elaegnus pungens (thorny olive). f. Elaeagnus umbellate (autumn olive). g. Hedera helix (English ivy). h. Hydrilla verticillata (hydrilla). i. Imperata cylindrical (congongrass). j. Lespedeza bicolor (shrubby lespedeza). k. Lespedeza cuneata (sericea Lespedeza). l. Ligustrum japonicum (Japanese privet). m. Ligustrum sinense (Chinese privet). n. Lonicera japonica (Japanese honeysuckle). o. Lonicera maackii (amur honeysuckle). p. Lygodium japonicum (Japanese climbing fern). q. Melia azedarach (chinaberry). r. Microstegium vimineum (Nepalese browntop). s. Miscanthus sinensis (Chinese silvergrass). t. Murdannia keisak (marsh dayflower). u. Nandina domestica (sacred bamboo). v. Paulownia tomentosa (princess tree). w. Phyllostachys aurea (golden bamboo). - THE CODE OF THE Chapter 64 - ZONING ARTICLE XX. - DEERFIELD FORM-BASED CODE ARTICLE 4. BUILDING SCALE PLANS RZ14-13 – Text Amendment Prepared for the City of Milton Mayor and City Council Meeting on 7/29/2014 August 4, 2014 (First Presentation) Page 28 x. Pueraria Montana var. lobata (kudzu). y. Rosa multiflora (multiflora rose). z. Sesbania herbacea (bigpod sesbania). aa. Sesbania punicea (red sesbania). bb. Spiraea japonica (Japanese spiraea). cc. Triadica sebifera (Chinese tallow tree). dd. Vinca major (big periwinkle). ee. Vinca minor (common periwinkle). ff. Wisteria sinensis (wisteria). 4.12 LIGHTING STANDARDS 4.12.1 A lighting plan shall be submitted for approval prior to the issuance of a land disturbance permit. 4.12.2 All site lighting shall be designed so that the illumination as measured in footcandles at any one point meets the following standards: a. Minimum and maximum levels are measured at any one point. b. The average level is not to exceed the calculated value and is derived using only the area of the site included to receive illumination. c. Points of measure shall not include the area of the building or areas which do not lend themselves to pedestrian traffic. d. If the major portion of the lighting design is to be in the front of a building, the average level should not be affected by adding a light or two in the back of the same building, which would raise the average of the intended area for lighting. 4.12.3 New lighting and renovations, upgrades, or additions to lighting on existing facilities shall comply with the following illumination levels. The entire site must be bought into conformance with this section should a renovation, upgrade, or addition occur that would require a land disturbance permit. a. Areas for display of outdoor merchandise. i. Minimum level footcandles: 1.0 ii. Average level footcandles: 5.0 iii. Maximum level footcandles: 10.0 b. Open Parking serving Commercial functions. i. Minimum level footcandles: 0.6 ii. Average level footcandles: 2.4 iii. Maximum level footcandles: 10.0 c. Open Parking serving Residential Functions. - THE CODE OF THE Chapter 64 - ZONING ARTICLE XX. - DEERFIELD FORM-BASED CODE ARTICLE 4. BUILDING SCALE PLANS RZ14-13 – Text Amendment Prepared for the City of Milton Mayor and City Council Meeting on 7/29/2014 August 4, 2014 (First Presentation) Page 29 i. Minimum level footcandles: 0.2 ii. Average level footcandles: 1.5 iii. Maximum level footcandles: 10.0 d. Walkways and Thoroughfares. i. Minimum level footcandles: 0.2 ii. Average level footcandles: 2.0 iii. Maximum level footcandles: 10.0 e. Landscapes and decorative. i. Minimum level footcandles: 0.0 ii. Average level footcandles: 0.5 iii. Maximum level footcandles: 5.0 4.12.2 Any lighting fixture shall be a cutoff luminary whose source is completely concealed with an opaque housing. Fixtures shall be recessed in the opaque housing. Drop dish refractors are prohibited. The wattage shall not exceed 420 watts/480 V per light fixture or equivalent. This provision includes lights on mounted poles as well as architectural display and decorative lighting visible from a street or highway. Wall pack lighting shall be cut-off down directional a maximum of 250 watts or equi valent. Canopy lighting shall be recessed and directed downward through the use of luminaries, and shall have a maximum lamp wattage of 400 watts or equivalent. 4.12.3 Sodium vapor, exterior neon, and colored lights are prohibited. 4.12.4 Shoe box, and cobra head lighting fixtures, as typically used in parking area lighting, and exposed neon lighting as typically used on building Facades and architectural features are prohibited. 4.12.5 Only fluorescent, metal halide, mercury vapor, shrouded spots, LED, natural gas, and walkway lights are allowed. 4.12.6 Mounting fixtures must be modified in such a manner that the cone of the light is not directed at any property line. The minimum mounting height for a pole is 12 feet. The maximum mounting height for a pole is 28 feet. Any fixture and pole located within 20 feet of a Special District, a T2 Zone, T3 Zone, T4 Zone, T5-R Zone, or a single-family residential use not located within this district shall be a Type Four (Enclosures that are intended for outdoor use primarily to provide a degree of protection against windblown dust and rain, splashing water, and hose directed water; undamaged by the formation of ice on the enclosure) and forward throw distribution. 4.12.7 As an exception to the prohibition in Section 4.12.5 each commercial establishment shall be entitled to a single exposed neon or LED sign which may only be illuminated during periods when the commercial establishment is open for public business. Such sign shall have a maximum sign face of two square feet, and shall be positioned on the interior as a window sign no more than five feet from the main entrance of the commercial establishment. The sign is prohibited from blinking, flashing, or fluctuating and may not be animated in any way. 4.12.8 Thoroughfare, Open Parking, and walkway lighting and poles shall be the Philips Lumec Domus series in black or similar, or as approved by the city design review board. Within these areas, lights shall include decorative skirts or aprons. - THE CODE OF THE Chapter 64 - ZONING ARTICLE XX. - DEERFIELD FORM-BASED CODE ARTICLE 4. BUILDING SCALE PLANS RZ14-13 – Text Amendment Prepared for the City of Milton Mayor and City Council Meeting on 7/29/2014 August 4, 2014 (First Presentation) Page 30 4.13 DRIVE THROUGH STANDARDS 4.13.1 Drive-through service canopies shall be pitched at an angle and use materials matching the roof of the Principal Building. 4.13.2. Drive-through facilities and all associated vehicular queuing shall be located at the rear of the Principal Building if feasible, but shall be located at the side if not feasible. 4.13.3 Vehicular access to a drive-through should be from mid-block or from a Rear Alley to avoid disrupting pedestrian traffic. If a Driveway is necessary it shall be no more than 24 feet wide. 4.13.4 Drive-through facilities shall be considered Accessory Structures to a building. 4.13.5 Drive-through facility queuing shall be prohibited in a Thoroughfare. 4.14 GASOLINE STATION STANDARDS 4.14.1. Gasoline station canopies and pumps: a. Shall be located to the side, or rear of the Principal Building. b. Shall be buffered from adjoining Residential Functions with a Streetscreen. c. Pump canopies shall be located the greater of: i. 300 feet from any interior side or rear Lot Line that adjoins a Residential Function; or ii. 100 feet from any Special District, T2 Zone, or AG-1 zoned property. d. Pump canopies shall be located at least 50 feet from any interior side or rear property line that adjoins a Residential Function. e. Pump canopy fascia shall be between 24 and 30 inches in height. f. Pump canopies shall not exceed 18 feet in height as measured to the top of the structure. g. Pump canopies shall be compatible with the color, texture, material, and architectural design of the Principal Building. h. Pump canopy support columns shall be compatible with the color, texture, and material of the Facade of the Principal Building. i. Pump canopies, canopy support columns, and pump shall not be internally illumination. 4.14.2 Accessory carwashes shall match the color, texture, material, and architectural desig n of the Principal Building. 4.14.3 A conforming Principal Building is required and shall be a minimum floor area of 1,600 square feet. 4.14.4 Lighting shall be shielded to direct light and glare onto the lot where the gas/fueling station is located. 4.14.5 Intercom or speaker systems shall only be utilized for the purpose of communications between employees and customers and shall direct sound away from adjacent Residential Functions. - THE CODE OF THE Chapter 64 - ZONING ARTICLE XX. - DEERFIELD FORM-BASED CODE ARTICLE 4. BUILDING SCALE PLANS RZ14-13 – Text Amendment Prepared for the City of Milton Mayor and City Council Meeting on 7/29/2014 August 4, 2014 (First Presentation) Page 31 4.15 SIGN STANDARDS 4.15.1 The provisions of Section 64-2325 shall apply in areas regulated by this code. 4.16 ARCHITECTURAL STANDARDS 4.16.1 The following architectural standards shall apply to all buildings unless otherwise approved by Warrant by the community development director after consultation with the City A rchitect. 4.16.2 Architectural treatment shall continue on all sides of a building except as specifically noted otherwise. 4.16.3 General to all buildings—Facade composition. a. The Principal Entrance of a building shall be articulated and expressed i n greater architectural detail than other buildings entrances. b. Windows shall be vertically shaped with a height greater than their width. c. Burglar bars, steel gates, metal awnings and steel roll-down curtains are prohibited if visible from a public Thoroughfare, Civic Space, or Open Parking. d. Exposed neon lighting outlining and detailing building features is prohibited. e. Exposed ductwork, pipes, conduit or other similar items are prohibited unless otherwise approved by Warrant. 4.16.4 Specific to Commercial, Mixed-Use, and Apartment buildings—Façade composition. a. Facades shall incorporate windows and doors as follows: i. Windows and doors shall be provided for at least 25% of the total Facade area, with each floor calculated independently. The maximum contiguous area without windows or doors on any floor shall not exceed 10 feet in height or 20 feet in length. ii. The above requirement may be reduced by Warrant where a Facade is not visible from a public Thoroughfare, Civic Space, or Open Parking, provided that said Façade shall incorporate a decorative pattern with varied materials and textures in lieu of windows or doors. For the purpose of satisfying this requirement, control and expansion joints shall not constitute a decorative pattern with varied materials and textures. b. Facade articulation. i. Facades over 50 feet in length shall incorporate wall projections or recesses a min imum of 12 inches in depth. The combined length of said recesses and projections shall constitute at least 20% of the total Facade length. ii. Facades over 200 feet in length shall incorporate a major articulation at least every 200 feet of Façade length. Said major articulation shall occur for a minimum length of 20 feet and shall be accomplished through: a. A change of façade material from grade to the roof; or b. A change in façade composition from grade to the roof; or - THE CODE OF THE Chapter 64 - ZONING ARTICLE XX. - DEERFIELD FORM-BASED CODE ARTICLE 4. BUILDING SCALE PLANS RZ14-13 – Text Amendment Prepared for the City of Milton Mayor and City Council Meeting on 7/29/2014 August 4, 2014 (First Presentation) Page 32 c. Changes in storefront systems, Private Frontages, varying setbacks, or similar means intended to convey the impression of separate buildings. iii. Building stories shall not appear as single horizontal window bands separated by non-glass spandrels of equal or greater height than the windows. c. Additional Enfronting Facade requirements. i. Enfronting Facades shall be articulated and designed to crea te additional visual interest by varying architectural details, building materials, the roof line, and building offsets. ii. On corner lots the architectural treatment of a building's intersecting Enfronting Facades shall be substantially similar, except that said building shall emphasize the corner location by placing the Principal Entrance at the corner, incorporating additional height at the corner, varying the roof form at the corner, or providing other architectural embellishments at the corner. iii. First Story Facades of all buildings shall incorporate columns, awnings, arcades, porches, stoops, windows, doors, or other architectural elements as established by Private Frontage in Table 8. iv. Facades shall provide visual divisions between the first and second stories through architectural means such as courses, awnings, or a change in primary façade materials or colors. v. Facades above the first Story shall incorporate windows, arches, balconies, or other architectural details. vi. Buildings taller than two stories shall have two- or three-part Facades. Horizontal zones in the Facade may be differentiated by a change in materials, color, window pattern, or window material, or by a cornice or course. vii. A two-part façade shall consist of: a. Base zone (first Story). b. Shaft zone (all other stories). viii. A three-part façade shall consist of: a. Base zone (first Stories). b. Shaft zone (middle Stories). c. Cap zone (upper Stories or cornice). d. Additional Non-Enfronting Facade requirements. i. First Story Facades of all buildings shall comply with the requirements set forth for Enfronting First Story Facades or may also provide panels, murals, and similar architectural details. ii. Facades above the first of all buildings shall incorporate wind ows, arches balconies, or other architectural details. 4.16.5 Specific to Commercial, Mixed-Use, and Apartment buildings—Facade materials. a. No more than three different materials, textures, colors, or combinations thereof may be used on a single building. This requirement shall no include materials used on windows, doors, - THE CODE OF THE Chapter 64 - ZONING ARTICLE XX. - DEERFIELD FORM-BASED CODE ARTICLE 4. BUILDING SCALE PLANS RZ14-13 – Text Amendment Prepared for the City of Milton Mayor and City Council Meeting on 7/29/2014 August 4, 2014 (First Presentation) Page 33 porches, balconies, foundations, awnings, architectural details, or those required by Warrant in lieu of windows and doors as set forth in Section 4.16.4(a)(ii). b. Materials may be combined only horizontally, with the heavier below the lighter. c. Vinyl or aluminum siding, synthetic stone, exposed standard concrete masonry unit (CMU) block, corrugated steel, prefabricated metal, exposed plywood, and exposed pressboard are prohibited. d. Exterior materials of buildings along Morris Road, Webb Road, and Deerfield Parkway shall be limited to brick, stone, pre-cast concrete, wood, glass, or granite. e. Exterior materials of buildings not along Morris Road, Webb Road, and Deerfield Parkway shall be limited as follows. Vertical wall planes shall consist of a minimum of 60% of brick or natural stone, and a maximum of 40% tile, non-reflective glass, natural stone with weathered, polished or fluted face, hard coat stucco, architectural concrete masonry with fluted, split-face, or broken- face finish, Portland cement plaster and lath systems, architectural (either precast or tilt -up) concrete (fluted or with exposed aggregate finish), or fiber cement siding. f. Accessory Structures shall be consistent with the Principal Building in material, texture, and color. g. Enfronting first Story windows and door glass shall be clear or tinted. Tinted glass shall have a transmittance factor of 50% or greater and shall have a visible light reflectance fac tor of ten or less. h. All window frames shall be recessed a minimum of 2 inches from the exterior Facade. i. Foundations, where provided, shall be constructed as a distinct building element that contrasts with Façade materials. Exposed above-ground foundations shall be coated or faced in cement, stucco, brick, manufactured stone, or natural stone to contrast with façade materials. 4.16.6 Specific to Commercial, Mixed-Use, and Apartment buildings—colors. Permitted colors for exterior walls, building components, accent and decorative elements shall be as follows. Numbers refer to the Pantone Matching System, an international colormatching system. a. White b. Black c. Browns, beiges and tans i. 462C - 468C ii. 4625C - 4685C iii. 469C, 474C, 475C iv. 4695C - 4755C v. 478C vi. 719C - 724C vii. 725C - 731C viii. 476U - 482U ix. 719U - 725U - THE CODE OF THE Chapter 64 - ZONING ARTICLE XX. - DEERFIELD FORM-BASED CODE ARTICLE 4. BUILDING SCALE PLANS RZ14-13 – Text Amendment Prepared for the City of Milton Mayor and City Council Meeting on 7/29/2014 August 4, 2014 (First Presentation) Page 34 x. 726U - 732U d. Reserved e. Reds i. 483C, 484C ii. 7411C - 7414C iii. 7515C - 7519C iv. 7522C - 7526C f. Grays i. 400C - 432C g. Greens i. 553C - 554C ii. 560C - 561C iii. 614C - 616C iv. 3302C - 3305C v. 3295C, 342C, 343C, 3435C, 356C, 357C vi. 5467C - 5527C vii. 3305U, 3308U, 335U viii. 336U, 341U - 343U 4.16.7 Specific to Commercial, Mixed-Use, and Apartment buildings—roofs. a. Specific to zones T2, T3, T4. i. Flat roofs shall be screened from the view of public and private streets by a parapet. ii. Accessory site features on a roof shall be screened from the view of public and private streets by a parapet or other architectural feature. iii. Roof-mounted mechanical equipment, vents and stacks shall be screened from view from all sides. iv. Permitted sloped roof materials are asphalt shingles, composition shingles, wood shingle, tin, standing seam metal, and wood shake. v. Townhouse and duplex building rooflines shall exhibit differentiated architectural features such as gables, pyramidal, and hip. Rooflines shall be varied. Mansard roofs are not permitted. vi. Roof colors shall be black, gray, dark gray, brown, red or green. Reflective and metallic colors are prohibited unless described in Section 4.16.5. b. Specific to zones T5, T6. i. Any appurtenances that must be roof-mounted shall be located and screened so they are not visible from any point at ground level. Where possible, the appurtenances shall be - THE CODE OF THE Chapter 64 - ZONING ARTICLE XX. - DEERFIELD FORM-BASED CODE ARTICLE 4. BUILDING SCALE PLANS RZ14-13 – Text Amendment Prepared for the City of Milton Mayor and City Council Meeting on 7/29/2014 August 4, 2014 (First Presentation) Page 35 grouped and enclosed by screens that are designed to be compatible with the building architecture. The screens shall be set back from the roof edge at a distance of no less than their height. ii. All rooftop appurtenances shall be painted to be compatible with the building architecture. iii. Rooftop solar collectors, skylights, and other potentially reflective rooftop building elements shall be designed and installed in a manner that prevents reflected glare and obstruction of views of other sites and structures. Said elements shall also be screened from view from all sides. iv. Roofing material and color shall be compatible with building and surroundings. 4.16.8 Specific to Townhouses. a. Facades shall have windows and doors that equal at least 20% of the Facade area, with each floor calculated independently. This percentage may be reduced by Warrant where a façade is not visible from a public Thoroughfare, Civic Space, or Open Parking. b. No more than three adjacent Townhouse units shall have identical Facades. Differentiation between adjacent Facades may be accomplished by a change in materials, building height, color, roof form or setbacks, provided that the appearance of a separate building is achieved. c. Townhouses located in any T-Zone shall comply with the Facade standards set forth in Section 4.16.5 for Commercial, Mixed-Use, and Apartment buildings or Section 4.16.9(b) for Single- Family houses. 4.16.9 Specific to Single-Family Houses. a. Single-family houses located in Zone T5 or T6 may comply with the standards set forth below or those set forth in Sections 4.16.4 through 4.16.7 for Commercial, Mixed -Use, and Apartments buildings. b. Facades shall have windows and doors that equal at least 20% of the Facade area, with each floor calculated independently. This percentage may be reduced by Warrant where a façade is not visible from a public Thoroughfare, Civic Space, or Open Parking. c. Materials. i. No more than three different exterior materials, exterior colors, or any combination thereof may be used on a single building, not including windows, doors, porches, balconies, foundations, and architectural details. ii. Materials may be combined on exterior walls only horizontally, with the heavier below the lighter. iii. Exterior material shall be limited to brick, natural stone with or without mortar, clapboard, board and batten, hard-coat stucco, or wood shingles. iv. Vinyl or aluminum siding and synthetic stone veneer are proh ibited. v. Hard-coat stucco shall be a 3-coat plaster finish, integral finish, applied on brick or concrete block; control joints shall be concealed where possible. vi. Clapboards and board and battens shall be wood or cementitious board. Cementitious board less than five-eighths of an inch thick shall have a 4 inch maximum exposure, while - THE CODE OF THE Chapter 64 - ZONING ARTICLE XX. - DEERFIELD FORM-BASED CODE ARTICLE 4. BUILDING SCALE PLANS RZ14-13 – Text Amendment Prepared for the City of Milton Mayor and City Council Meeting on 7/29/2014 August 4, 2014 (First Presentation) Page 36 cementitious board thicker than five-eighths or full three-quarter inch wood siding may have up to an 8 inch lap. False wood graining is prohibited. vii. Wood shingles shall be level at the bottom edge. d. Foundations. i. Foundations shall be constructed as a distinct building element that contrasts with Façade materials. ii. Foundations shall be constructed of poured concrete or concrete masonry units. iii. Foundations may be finished with smooth stucco, brick, or stone. e. Windows. i. Windows shall have sash with a minimum face width of 2 inches; the dimension of the glass surface to sash and muntin face shall be a minimum of three-quarter of an inch. ii. Non-glass exterior window components shall be faced in wood, clad wood, or polymer materials, and said materials shall be paint grade or pre finished. iii. Doors and windows that operate as sliders are prohibited along Frontages. f. Chimneys. i. Chimney stacks shall be faced in smooth integral finish stucco or, brick, stone, or detailed as exposed metal flues. ii. Siding or stucco board is prohibited as a finish material for chimneys. g. Stoops and porches. i. A stoop or porch shall be provided along the Principal Frontage. ii. No stoop or porch along any Frontage shall be enclosed with screen wire, plastic, glass, mesh, or similar materials. iii. All porch and stoop steps along any Frontage shall have enclosed risers. iv. Porch and stoop columns shall have a minimum width of 8 inches. h. Roofs. i. Flat roofs are prohibited. ii. Roofs shall have a pitch of between 5:12 and 12:12. This does not apply to dormers or porches. iii. Roofs shall include eaves projecting between 12 and 36 inches. - THE CODE OF THE Chapter 64 - ZONING ARTICLE XX. - DEERFIELD FORM-BASED CODE ARTICLE 6. DEFINITION OF TERMS RZ14-13 – Text Amendment Prepared for the City of Milton Mayor and City Council Meeting on 7/29/2014 August 4, 2014 Page 37 ARTICLE 6. DEFINITION OF TERMS DEFINITIONS 5.1.1 This Article Section provides definitions for terms in this code that are technical in nature or that otherwise may not reflect a common usage of the term. If a term is not defined in this Article Section or In Section 64-1 of this zoning ordinance, then the community development director shall determine the correct definition. Items in italics refer to Articles, Sections, or Tables in the this code. A-Grid: cumulatively, those Thoroughfares that by virtue of their pre -existing pedestrian-supportive qualities, or their future importance to pedestrian connectivity, are held to the highest standards prescribed by this code. See B-Grid. Accessory Building: an Outbuilding with an Accessory Unit. Accessory Structure: any building or structure permanently attached to the ground th at is subordinate in both purpose and size to any Principal Building located on the same lot. Accessory structures include, but are not limited to, Outbuildings, Parking Structure, garages, gasoline station canopies, pumps, and carwashes. Accessory Unit: a small apartment sharing ownership and utility connections with a Principal Building; it may or may not be within an Outbuilding. (Syn: ancillary unit) Allee: a regularly spaced and aligned row of trees usually planted along a Thoroughfare or Path. Arcade: a Private Frontage conventional for Retail use wherein the Facade is a colonnade supporting habitable space that overlaps the Sidewalk, while the Facade at Sidewalk level remains at the Frontage Line. Avenue (AV): a Thoroughfare of high vehicular capacity and low to moderate speed, acting as a short distance connector between urban centers, and usually equipped with a landscaped median. B-Grid: cumulatively, those Thoroughfares that by virtue of their use, location, or absence of pre -existing pedestrian-supportive qualities, may meet a standard lower than that of the A-Grid. B-Grid Thoroughfares are often privately-owned. See A-Grid. Backbuilding: a single-Story structure connecting a Principal Building to an Outbuilding. See Table 12. Base Density: the number of building units per acre before use of TDR. See Density. Bicycle Lane (BL): a dedicated lane for cycling within a moderate-speed vehicular Thoroughfare, demarcated by striping and having a minimum width of 5 feet. Bicycle Route (BR): a Thoroughfare suitable for the shared use of bicycles and automobiles moving at low speeds. Block: the aggregate of private Lots, Passages, Rear Alleys and Rear Lanes, circumscribed by Thoroughfares. Block Face: the aggregate of all the building Facades on one side of a Block. - THE CODE OF THE Chapter 64 - ZONING ARTICLE XX. - DEERFIELD FORM-BASED CODE ARTICLE 6. DEFINITION OF TERMS RZ14-13 – Text Amendment Prepared for the City of Milton Mayor and City Council Meeting on 7/29/2014 August 4, 2014 Page 38 Boulevard (BV): a Thoroughfare designed for high vehicular capacity and moderate speed, traversing an Urbanized area. Boulevards are usually equipped with Slip Roads buffering Sidewalks and buildings. By Right: characterizing a proposal or component of a proposal for a Building Scale Plan (Article 4) that complies with the code and is permitted and processed administratively, without public hearing. Childcare Center: A facility providing care, protection, and supervision of children on a regular basis away from their primary residence. Childcare Centers specifically exclude kindergartens, pre - kindergartens, and similar facilities when said kindergarten, pre-kindergarten, or similar facility is accredited by the Georgia Accreditat ion Commission. For the purpose of this code such accredited facilities shall be considered Elementary Schools. (Syn: daycare) City Architect: a registered architect retained or employed by the City of Milton to support the community development director in reviewing development for compliance with the requirements of this code. Civic: the term defining not-for-profit organizations dedicated to arts, culture, education, recreation, government, transit, and municipal parking. Civic Building: a building operated by a city, county, state, or federal government. Civic Building Sites: a parcel containing a Civic Building. Civic Space: an outdoor area dedicated for public use. Civic Space types are defined by the combination of certain physical constants including the relationships among their intended use, their size, their landscaping and their Enfronting buildings. See Table 5. Civic Space TDR Sending Site: a Park/Greenway TDR Sending Site designated as Civic Space in an adopted plan or code and therefore assigned a higher TDR allocation factor than other Park/Greenway TDR Sending Sites but treated as a Park/Greenway TDR Sending Site in all other respects. Civic Zone: a designation for sites dedicated for Civic Building Sites and Civic Spaces . Code: Article XX of Chapter 64 of the Code of the City of Milton. Commercial: the term collectively defining workplace, Office, Retail, and Lodging Functions. Common Yard: a planted Private Frontage wherein the Facade is set back from the Frontage line . It is visually continuous with adjacent yards. See Table 8. Configuration: the form of a building, based on its massing, Private Frontage, and height. Constrained Land: the area occupied by lakes, streams, wetlands, buffers, landfills and all other lan d so determined by the community development director. Cottage: an Edgeyard building type. A single-family dwelling, on a regular Lot, often shared with an Accessory Building in the back yard. Courtyard Building: a building that occupies the boundaries of its Lot while internally defining one or more private patios. See Table 8. Curb: the edge of the vehicular pavement that may be raised or flush to a swale. It usually incorporates the drainage system. See Table 4A, Table 4B, and Table 4D. - THE CODE OF THE Chapter 64 - ZONING ARTICLE XX. - DEERFIELD FORM-BASED CODE ARTICLE 6. DEFINITION OF TERMS RZ14-13 – Text Amendment Prepared for the City of Milton Mayor and City Council Meeting on 7/29/2014 August 4, 2014 Page 39 Density: the number of buildings units within a standard measure of land area. Design Speed: the velocity at which a Thoroughfare tends to be driven without the constraints of signage or enforcement. There are three ranges of speed: Low: (25 MPH); Moderate: (25 -35 MPH); High: (above 35 MPH). Lane width is determined by desired Design Speed. See Table 3A. District: property located within the boundaries identified in the Deerfield/Highway 9 Regulating Plan adopted concurrently herewith, which shall be kept on file with the Community Development Department, and which is hereby incorporated by reference. Dooryard: a Private Frontage type with a shallow Setback and front garden or patio, usually with a low wall at the Frontage Line. See Table 8. (Variant: Lightwell.) Drive: a Thoroughfare along the boundary between an Urbanized and a natural condition, usually along a waterfront, Park, or promontory. One side has the urban character of a Thoroughfare, with Sidewalk and building, while the other has the qualities of a Road or parkway, with naturalistic planting and rural details. Edgeyard Building: a building that occupies the center of its Lot with Setbacks on all sides. See Table 7. Effective Turning Radius: the measurement of the inside Turning Radius taking parked cars into account. See Table 12. Elevation: an exterior wall of a building not along a Frontage Line. See Table 12. See Facade. Encroach: to break the plane of a vertical or horizontal regulatory limit with a structural element, so that it extends into a Setback, into the Public Frontage, or above a height limit. Encroachment: any structural element that breaks the plane of a vertical or h orizontal regulatory limit, extending into a Setback, into the Public Frontage, or above a height limit. Enfront: to place an element along a Frontage, as in "porches Enfront the street." Facade: the exterior wall of a building that is set along a Fronta ge Line. See Elevation. Forecourt: a Private Frontage wherein a portion of the Facade is close to the Frontage Line and the central portion is set back. See Table 8. Frontage: the area between a building Facade and the vehicular lanes, inclusive of its b uilt and planted components. Frontage is divided into Private Frontage and Public Frontage. See Table 4A and Table 8. Frontage Line: a line bordering a Public Frontage that may or not be congruent with the Lot Line. Facades facing Frontage Lines define th e public realm and are therefore more regulated than the Elevations facing other Lot Lines. See Table 13. Function: the use or uses accommodated by a building and its Lot, categorized as Restricted, Limited, or Open, according to the intensity of the use. See Table 9A and Table 10. Gallery: a Private Frontage conventional for Retail use wherein the Facade is aligned close to the Frontage Line with an attached cantilevered shed or lightweight colonnade overlapping the Sidewalk. See Table 8. - THE CODE OF THE Chapter 64 - ZONING ARTICLE XX. - DEERFIELD FORM-BASED CODE ARTICLE 6. DEFINITION OF TERMS RZ14-13 – Text Amendment Prepared for the City of Milton Mayor and City Council Meeting on 7/29/2014 August 4, 2014 Page 40 Green: a Civic Space type for unstructured recreation, spatially defined by landscaping rather than building Frontages. See Table 5. Greenway: an Open Space Corridor in largely natural conditions which may include Multi -Use Trails. Gross Site Area: all land within a site's boundaries. Heavy Industrial: industrial facilities that conduct their operations in such manners that results are created or apparent outside an enclosed building that are incompatible with adjacent or nearby non - industrial uses. Highway: a rural and suburban Thoroughfare of high vehicular speed and capacity. This type is allocated to the more rural Transect Zones (T-2 and T-3). Home Occupation: a non-Retail Commercial enterprise. The work quarters should be invisible from the Frontage, located either within the house or in an Outbuilding. Permitted activities are defined by the Restricted Office category. See Table 9A. House: an Edgeyard building type, usually a single-family dwelling on a large Lot, often shared with an Accessory Building in the back yard. (Syn: single.) Landscape Strip: the element of the Public Frontage between the Sidewalk and the Frontage Line that is required to match the built character on specific existing Thoroughfares. All or a portion of the Landscape Strip may be counted towards meeting a minimum Setback by Warrant. The Landscape Strip may contain fencing. Layer: a range of depth of a Lot within which certain elements are permitted. See Table 13. Light Industrial: uses permitted in the M-1A district that conduct their operations in such manners that no results are created or apparent outside an enclosed building that are incompatible with adjacent or nearby non-industrial uses. Uses permitted in M-1A, but indicated elsewhere in Table 10 shall not be considered Light Industrial. Lightwell: a Private Frontage type that is a below-grade entrance or recess designed to allow light into basements. See Table 8. Liner Building: a building specifically designed to mask a parking lot or a Parking Structure from a Frontage. Live-Work: a Mixed Use unit consisting of a Commercial and Residential Function. The Commercial Function may be anywhere in the unit. It is intended to be occupied by a business operator who lives in the same structure that contains the Commercial activity or industry. See Work-Live. Lodging: premises available for daily renting of guest rooms. See Table 9A and Table 10. Lot Line: the boundary that legally and geometrically demarcates a lot. Lot Width: the length of the Principal Frontage Line of a lot. Manufacturing: premises available for the creation, assemblage and/or repair of objects, using table - mounted electrical machinery or artisanal equipment, and including their retail sale. - THE CODE OF THE Chapter 64 - ZONING ARTICLE XX. - DEERFIELD FORM-BASED CODE ARTICLE 6. DEFINITION OF TERMS RZ14-13 – Text Amendment Prepared for the City of Milton Mayor and City Council Meeting on 7/29/2014 August 4, 2014 Page 41 Mixed Use: multiple Functions within the same building through superimposition or adjacency, or in multiple buildings by adjacency, or at a proximity determined by Warrant. Multi-Use Trail (MT): a shared pedestrian, bicycle and golf cart way running independent of a vehicular Thoroughfare and having a minimum width of 12 feet. Office: premises available for the transaction of general business but excluding Retail, and Industrial Functions. See Table 9A and Table 10. Open Parking: an uncovered parking area not within a Parking Structure. (Syn: parking lot) Open Space TDR Sending Sites: parcels that remain in private ownership subject to conservation easements in compliance with this code. Outbuilding: an Accessory Building, usually located toward the rear of the same Lot as a Principal Building, and sometimes connected to the Principal Building by a Backbuilding. See Table 13. Park: a Civic Space type that is a natural preserve available for unstructured recreation. See Table 5. Park/Greenway TDR Sending Sites: parcels that are transferred from private to public ownership or are publicly accessible by easement in compliance with this code, including sites designated as Civic Space, Park, Greenway, trail or other public recreational uses in an adopted plan or code. Parking Structure: a building containing one or more Stories of parking above grade. (Syn: garage) Passage (PS): a pedestrian connector, open or roofed, that passes between buildings to provide shortcuts through long Blocks and connect rear parking areas to Frontages. Path (PT): a pedestrian way traversing a Park or rural area, with landscape matching the contiguous open space, ideally connecting directly with the urban Sidewalk network. Placement: the arrangement of a building on its lot. Planter: the element of the Public Frontage which usually accommodates street trees, whether continuous or individual. The Planter shall be located between the Sidewalk and the Curb. Plaza: a Civic Space type designed for Civic purposes and Commercial activities in the more urban Transect Zones, generally paved and spatially defined by building Frontages. Principal Building: the main building on a Lot, usually located toward the Frontage. See Table 13. Principal Entrance: the main point of access for pedestrians into a building. Principal Frontage: on corner Lots, the Private Frontage designated to bear the address and Principal Entrance to the building, and the measure of minimum Lot width. Prescriptions for the parking Layers pertain only to the Principal Frontage. Prescriptions for the First Layer pertain to both Frontages of a corner Lot. See Frontage. Private Frontage: the privately held Layer between the Frontage Line and the Principal Building F acade that bears the Principal Entrance to the building. See Table 8 and Table 13. - THE CODE OF THE Chapter 64 - ZONING ARTICLE XX. - DEERFIELD FORM-BASED CODE ARTICLE 6. DEFINITION OF TERMS RZ14-13 – Text Amendment Prepared for the City of Milton Mayor and City Council Meeting on 7/29/2014 August 4, 2014 Page 42 Public Frontage: the area between the Curb of the vehicular lanes and the Frontage Line. See Table 4A, Table 4B, and Table 4D. Rear Alley (RA): a privately owned and maintained vehicular way located to the rear of Lots providing access to service areas, parking, and Outbuildings and containing utility easements. Rear Alleys should be paved from building face to building face, with drainage by inverted crown at the center or with roll Curbs at the edges. Rear Lane (RL): a privately owned and maintained vehicular way located to the rear of Lots providing access to service areas, parking, and Outbuildings and containing utility easements. Rear Lanes may be paved lightly to Driveway standards. The streetscape consists of gravel or landscaped edges, has no raised Curb, and is drained by percolation. Rearyard Building: a building that occupies the full Frontage Line, leaving the rear of the Lot as the sole yard. See Table 7. (Variations Rowhouse, Townhouse, Apartment House) Recess Line: a line prescribed for the full width of a Facade, above which there is a Stepback of a minimum distance, such that the height to this line (not the overall building height) effectively defines the enclosure of the Enfronting public space. Var: Extension Line. See Table 6. Regulating Plan: a Zoning Map or set of maps that shows the Transect Zones, Civic Zones, Special Districts if any, Thoroughfares, and Special Requirements if any, of areas subjec t to regulation by this code. Residential: characterizing premises available for long-term human dwelling. Retail: characterizing premises available for the sale of merchandise or food service. See Table 8A and Table 10. Retail Frontage: the Frontage designated on a Regulating Plan that requires or recommends the provision of a Shopfront, encouraging the ground level to be available for Retail use. See Special Requirements. Road (RD): a local, rural and suburban Thoroughfare of low-to-moderate vehicular speed and capacity. This type is allocated to the more rural Transect Zones (T2-T3). Rowhouse: a single-family dwelling that shares a party wall with another of the same type and occupies the full Frontage Line. See Rearyard Building. (Syn: Townhouse) Secondary Frontage: on corner Lots, the Private Frontage that is not the Principal Frontage. As it affects the public realm, its First Layer is regulated. See Table 13. Setback: the area of a Lot measured from the Frontage Line or, in the absence of Fronta ge Line, the Lot line, to a building Facade or Elevation that is maintained clear of permanent structures, with the exception of Encroachments listed in Section 4.5. See Table 11 section f. Shopfront: a Private Frontage conventional for Retail use, with substantial glazing and an awning, wherein the Facade is aligned close to the Frontage Line with the building entrance at Sidewalk grade. See Table 8. Sidewalk: the paved section of the Public Frontage dedicated exclusively to pedestrian activity. - THE CODE OF THE Chapter 64 - ZONING ARTICLE XX. - DEERFIELD FORM-BASED CODE ARTICLE 6. DEFINITION OF TERMS RZ14-13 – Text Amendment Prepared for the City of Milton Mayor and City Council Meeting on 7/29/2014 August 4, 2014 Page 43 Sideyard Building: a building that occupies one side of the Lot with a Setback on the other side. This type can be a Single or Twin depending on whether it abuts the neighboring house. See Table 7. Slip Road: an outer vehicular lane or lanes of a Thoroughfare, designed for slow speeds while inner lanes carry higher speed traffic, and separated from them by a planted median. (Syn: access lane, service lane) Special Requirements: provisions of Section 4.3 of this code and/or the associated designations on a Regulating Plan. Square: a Civic Space type designed for unstructured recreation and Civic purposes, spatially defined by building Frontages and consisting of Paths, lawns and trees, formally disposed. See Table 5. Stepback: a building Setback of at least 10 feet that occurs at a prescribed number of Stories above the ground. See Table 6. Stoop: a Private Frontage wherein the Facade is aligned close to the Frontage Line with the first Story elevated from the Sidewalk for privacy, with an exterior stair and landing at the entrance. See Table 7. Story: a habitable level within a building, excluding an Attic or raised basement. See Table 6. Street (ST): a local urban Thoroughfare of low speed and capacity. Streetscreen: a freestanding wall built along the Frontage Line, or coplanar with the Facade. It may mask a parking lot from the Thoroughfare, provide privacy to a side yard, and/or strengthen the spatial definition of the public realm. (Syn: streetwall.) Substantial Modification: alteration to a building that is valued at more than 50% of the replacement cost of the entire building, if new. Swale: a low or slightly depressed natural area for drainage. T-zone: Transect Zone. TDR: Transfer of Development Rights, a method of relocating existing zoning rights permanently reducing development potential of from areas to be preserved as open space and transferring development potential to areas to be more densely urbanized. TDR Receiving Sites: parcels that receive bonus Density through TDR in compliance with this code. TDR Sending Sites: parcels on which development potential has been permanently reduced, parcels where ownership has been transferred or where public access has otherwise been secured in compli ance with this code. Thoroughfare: a way for use by vehicular and pedestrian traffic and to provide access to Lots and Open Spaces, consisting of Vehicular Lanes and the Public Frontage. See Table 3A, Table 3B and Table 13a. Townhouse: See Rearyard Building. (Syn: Rowhouse) Transect: a cross-section of the environment showing a range of different habitats. The rural-urban Transect of the human environment is divided into six Transect Zones. These zones describe the physical form and character of a place, according to the Density and intensity of its land use and Urbanism. - THE CODE OF THE Chapter 64 - ZONING ARTICLE XX. - DEERFIELD FORM-BASED CODE ARTICLE 6. DEFINITION OF TERMS RZ14-13 – Text Amendment Prepared for the City of Milton Mayor and City Council Meeting on 7/29/2014 August 4, 2014 Page 44 Transect Zone (T-zone): one of several geographic areas regulated by this code. Transect Zones are administratively similar to the land use zones in conventional codes, except that in a ddition to the usual building use, Density, height, and Setback requirements, other elements of the intended habitat are integrated, including those of the private Lot and building and Public Frontage. See Table 1. Turning Radius: the curved edge of a Thoroughfare at an intersection, measured at the inside edge of the vehicular tracking. The smaller the Turning Radius, the smaller the pedestrian crossing distance and the more slowly the vehicle is forced to make the turn. See Table 3B and Table 13. Unconstrained Land: includes all land not characterized as constrained. Urbanism: collective term for the condition of a compact, Mixed Use settlement, including the physical form of its development and its environmental, functional, economic, and sociocultural aspects. Urbanized: generally, developed. Specific to this code, developed at T3 (Sub-Urban) Density or higher. Variance: a ruling that would permit a practice that is not consistent with either a specific provision or the Intent of this code (Section 1.1). Variances shall be processed as a primary variance by the board of zoning appeals as established in Section 64-1888. See Section 1.5. Warrant: a ruling that would permit a practice that is not consistent with a specific provision of this code, but that is justified by its Intent (Section 1.1). Warrants shall be processed as an administrative variance by the community development director as established in Section 64-1885. See Section 1.5. Work-Live: a Mixed Use unit consisting of a Commercial and Residential Function. It typically has a substantial Commercial component that may accommodate employees and walk -in trade. The unit is intended to function predominantly as work space with incidental Residential accommodations that meet basic habitability requirements. See Live-Work. (Syn: Live-With.) Yield: characterizing a Thoroughfare that has two-way traffic but only one effective travel lane because of parked cars, necessitating slow movement and driver negotiation. Also, characterizing parking on such a Thoroughfare. STATE OF GEORGIA ORDINANCE____ COUNTY OF FULTON RZ14-13 AN ORDINANCE TO AMEND ARTICLE_XX, DEERFIELD FORM BASED CODE OF THE CITY OF MILTON ZONING ORDINANCE (CHAPTER 64 OF THE CITY CODE OF ORDINANCES) BE IT ORDAINED by the City Council of the City of Milton, GA while in a regularly called council meeting on August 18, 2014 6:00 p.m. as follows: SECTION 1. That the amendment of Article XX, Deerfield Form Based Code of the City of Milton Zoning Ordinance is hereby adopted and approved; and is attached hereto as if fully set forth herein, and; SECTION 2. All ordinances, parts of ordinances, or regulations in conflict herewith are repealed. SECTION 3. That this Ordinance shall become effective upon its adoption. ORDAINED this the 18th day of August, 2014 __________________ Joe Lockwood, Mayor Attest: ___________________________ Sudie AM Gordon, City Clerk (Seal) HOME OF ' -- f3E LTON*k ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: July 28, 2014 FROM: City Manager AGENDA ITEM: Consideration of an Ordinance of the Mayor and Council of the City of Milton, Georgia to Establish the Ad Valorem Tax Rate of the City of Milton for Fiscal Year 2014, and for Other Purposes. MEETING DATE: Monday, August 4, 2014 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (APPROVED { J NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: {) YES ANO CITY ATTORNEY REVIEW REQUIRED: �( YES () NO APPROVAL BY CITY ATTORNEY (APPROVED {) NOT APPROVED PLACED ON AGENDA FOR: 050q'4 REMARKS qq © Your PHONE: 678.242.25001 FAX: 678.2422499 Green` 0*cett�fi�* ToA., info@cityofmiltonga.us # www.cifyofmiltonga.us 'A ILPLIFL Community c ahice 13000 Deerfield Parkway, Suite 107 1 Muton GA 3W04 "� "' To: Honorable Mayor and City Council Members From: Stacey Inglis, Assistant City Manager Date: Submitted on June 20, 2014 for the July 7, July 21 and August 4, 2014 Regular Council Meetings Agenda Item: Consideration of an Ordinance of the Mayor and Council of the City of Milton, Georgia, to Establish the Ad Valorem Tax Rate of the City of Milton for Fiscal Year 2014; and for Other Purposes. ____________________________________________________________________________ Department Recommendation: Adopt the ordinance to establish the ad valorem tax rate of the City of Milton for fiscal year 2014. Executive Summary: The Taxpayers Bill of Rights, in effect since 2000, requires the City to advertise a property tax increase if the millage rate is not fully rolled back to offset inflationary reassessments to existing property values. The impact of the reassessments this past year resulted in a property tax increase of 4.17 %. When coupled with the upsurge in the digest for newly improved properties, the overall taxes levied will be 8.1% higher than 2013. Three public hearings will be held to allow the public the opportunity to provide their input. The first public hearing will be held on July 7th, where the first presentation of the Ordinance to establish the millage rate will also be sounded. The second public hearing will be held on July 21 st. The final public hearing will be held on August 4th, where the Ordinance will also be considered for adoption. Funding and Fiscal Impact: The property tax revenues were estimated to be $8,050,000 in the fiscal year 2014 budget. The total amount of property taxes to be levied, excluding motor vehicle tax, is roughly $9,473,509. To meet the budget estimates, the collection rate will have to exceed 85%. Given that the collection rate over the past two years has been around 95%, we shouldn’t have a problem meeting the projected budget numbers. Alternatives: None. Legal Review: Not required. Concurrent Review: Chris Lagerbloom, City Manager Attachment(s): Advertisement - Current 2014 Tax Digest and Five Year History of Levy Page 1 of 2 STATE OF GEORGIA ORDINANCE NO. COUNTY OF FULTON AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE CITY OF MILTON, GEORGIA, TO ESTABLISH THE AD VALOREM TAX RATE OF THE CITY OF MILTON FOR FISCAL YEAR 2014; AND FOR OTHER PURPOSES WHEREAS, the Charter of the City of Milton, Georgia authorizes the City to levy and provide for the assessment of ad valorem property taxes on all property subject to taxation; and WHEREAS, the Charter of the City of Milton, Georgia provides that the valuation of all property subject to taxation by the City shall be determined according to the tax digest prepared by the Fulton County Board of Tax Assessors; and WHEREAS, the City of Milton, Georgia calculated a rollback millage rate as defined within State of Georgia law, demonstrating the proposed millage rate is less than the rollback millage rate; and WHEREAS, the Mayor and City Council, after hearing and after duly considering all such relevant evidence, testimony and public comments, has determined that it is in the best interests of, and necessary to meet the expenses and obligations of, the City of Milton, Georgia to set a levy in the amount of $4.731 on each $1,000.00 of taxable value for all property subject to ad valorem taxation by the City; now BE IT ORDAINED by the Mayor and City Council of the City of Milton, Georgia as follows: SECTION I: The ad valorem tax rate for the City of Milton, Georgia for the 2014 fiscal year, on property subject to ad valorem taxation by the City is hereby fixed at $4.731 on forty percent (40%) of each $1,000.00 of property subject to ad valorem tax by the City. SECTION II: Said rate of $4.731 on forty percent (40%) of each $1,000.00 of taxable property is hereby levied for General Government purposes. SECTION III: All ordinances and parts of ordinances in conflict herewith are hereby repealed. Page 2 of 2 ORDAINED this the ____day of ________, 2014. ____________________________________ Joe Lockwood, Mayor Attest: ___________________________ Sudie AM Gordon, City Clerk (SEAL) Incorporated City of Milton Real & Personal 2,138,900,336 2,053,385,022 1,976,153,262 2,002,141,290 1,991,826,430 2,156,608,276 Motor Vehicle 115,598,780 101,093,870 104,790,450 116,670,630 125,271,430 110,057,590 Mobile Homes 0 0 0 0 0 0 Timber – 100%0 0 0 0 0 0 Heavy Duty Equipment 6,748 6,584 6,584 0 0 0 Gross Digest 2,254,505,864 2,154,485,476 2,080,950,296 2,118,811,920 2,117,097,860 2,266,665,866 Less M & O Exemptions 150,643,390 158,169,430 163,889,783 161,283,460 162,615,270 154,175,700 Net M & O Digest 2,103,862,474 1,996,316,046 1,917,060,513 1,957,528,460 1,954,482,590 2,112,490,166 Gross M & O Millage Rate 4.731 4.731 4.731 4.731 4.731 4.731 Less Millage Rate Rollbacks 0 0 0 0 0 0 Net M & O Millage Rate 4.731 4.731 4.731 4.731 4.731 4.731 Net Taxes Levied 9,953,373 9,444,571 9,069,613 9,261,067 9,246,657 9,994,191 Net Taxes $ Increase 249,783 (508,802)(374,958)191,454 (14,410)747,534 Net Taxes % Increase 2.6%-5.1%-4.0%2.1%-0.2%8.1% CITY OF MILTON NOTICE The City of Milton does hereby announce that the millage rate will be set at a meeting to be held at City Hall Council Chambers, 13000 Deerfield Pkwy, Milton, Georgia on August 4, 2014 at 6:00 PM and pursuant to the requirements of O.C.G.A § 48-5-32 does hereby publish the following presentation of the current year’s tax digest and levy, along with the history of the tax diegest and levy for the past five years. Current 2014 Tax Digest and Five Year History of Levy 2009 2010 2011 2012 2013 2014