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HomeMy WebLinkAboutAgenda Packet CC - 10/20/2014 - 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, October 20, 2014 Regular Council Meeting Agenda 6:00 PM INVOCATION - Pastor Jeff Kane, C3 Church, Milton, Georgia. CALL TO ORDER 1) ROLL CALL 2) PLEDGE OF ALLEGIANCE (Led by Mayor Joe Lockwood) 3) APPROVAL OF MEETING AGENDA (Add or remove items from the agenda) (Agenda Item No. 14-284) 4) PUBLIC COMMENT 5) CONSENT AGENDA MILTON CITY COUNCIL REGULAR COUNCIL MEETING OCTOBER 20 , 2014 Page 2 of 4 Persons needing special accommodations in order to participate in any City meeting should call 678-242-2500. 1. Approval of the Following Subdivision Plats: Name of Development Action Comments Taylor Estates Final Plat Lot layout for 8 lots and easements Hawthorne Manor Final Plat Lot layout for 12 lots and easements Morningstar Luxury Homes LLC, Francis Road Minor Subdivision Plat Revision Move proposed driveway for lot 2 Manorview Phase 1 Final Plat Lots 1-6 and 66-72 Shadowood Farms Subdivision Minor Subdivision Plat Lots 5 & 6 Cedar Park Final Plat Revisions Revise lot lines between lots 2 & 3, to alleviate driveway encroachment from Lot 2. FEMA flood information updated as well as current property owners. The Grove on Birmingham Highway Final Plat Lot layout for 39 lots and easements Reserve at Providence Final Plat Lot layout for 36 lots and easements (Agenda Item No. 14-285) (Kathleen Field, Community Development Director) 2. Approval of a Construction Services Agreement between the City of Milton and Blount Construction Company, Inc. for the Installation of Three Concrete Pads at Hopewell Middle School. (Agenda Item No. 14-286) (Jim Cregge, Parks & Recreation Director) 3. Approval of a Professional Services Agreement between the City of Milton and Designsensory, Inc. to Produce the City of Milton’s Web Site. (Agenda Item No. 14-287) (Jason Wright, Director of Innovation and Engagement) 6) REPORTS AND PRESENTATIONS 1. Update from Fulton County Schools. (Patrick Burke, Deputy Superintendent, Fulton County School System) 2. Presentation of Crabapple Fest Success. (Angela Thompson, Communications Manager & Peyton Jamison, President of Crabapple Community Association) 7) FIRST PRESENTATION (None) MILTON CITY COUNCIL REGULAR COUNCIL MEETING OCTOBER 20 , 2014 Page 3 of 4 Persons needing special accommodations in order to participate in any City meeting should call 678-242-2500. 8) PUBLIC HEARING (None) 9) ZONING AGENDA 1. Consideration of RZ14-05 – To Amend Article VI, Division 23 – CUP (Community Unit Plan) District. (Agenda Item No. 14-189) (First Presentation at July 7, 2014 Regular City Council Meeting) (Discussed at July 14, 2014 City Council Work Session) (Deferred at July 21, 2014 and September 22, 2014 Regular City Council Meetings) (Kathleen Field, Community Development Director) 2. Consideration of RZ14-06 – To Amend Article VI, Division 24 – NUP (Neighborhood Unit Plan) District. (Agenda Item No. 14-190) (First Presentation at July 7, 2014 Regular City Council Meeting) (Discussed at July 14, 2014 City Council Work Session) (Deferred at July 21, 2014 and September 22, 2014 Regular City Council Meetings) (Kathleen Field, Community Development Director) 3. Consideration of RZ14-08 – To Amend Article VI, Division 4 – R-2 (Single Family Residential) District. (Agenda Item No. 14-192) (First Presentation at July 7, 2014 Regular City Council Meeting) (Discussed at July 14, 2014 City Council Work Session) (Deferred at July 21, 2014 and September 22, 2014 Regular City Council Meetings) (Kathleen Field, Community Development Director) 10) UNFINISHED BUSINESS 1. Consideration of an Ordinance to Amend Chapter 34, Section 22 (b), to Add a New Chapter 34, Section 22 (c) and to Amend Chapter 34, Section 22 (h) of the Milton City Code, Parks and Recreation Prohibited Acts. (Agenda Item No. 14-279) (First Presentation at October 6, 2014 Regular Council Meeting) (Jim Cregge, Parks & Recreation Director) MILTON CITY COUNCIL REGULAR COUNCIL MEETING OCTOBER 20 , 2014 Page 4 of 4 Persons needing special accommodations in order to participate in any City meeting should call 678-242-2500. 2. Consideration of an Ordinance to Designate the Crabapple Historic District as a Historic District; to Prescribe the Boundaries of Such Historic District; to Require a Certificate of Appropriateness from the City of Milton Historic Preservation Commission Prior to any Material Change in the Exterior Appearance of the Historic Property as Shown on the Official Zoning Map of the City; Repealing Conflicting Ordinances; to Provide for Severability; to Provide for an Effective Date; and for Other Purposes. (Agenda Item No. 14-280) (Joint Work Session Held on September 15, 2014) (Joint Public Hearing Held on September 22, 2014) (First Presentation at October 6. 2014 Regular City Council Meeting) (Kathleen Field, Community Development Director) 3. Consideration of a Resolution Authorizing the Offering for Sale of Transferable Development Rights in Certain City-Owned Property; Authorizing the Imposition of a Conservation Easement and/or Public Access Easement on Said City Property; and for Other Purposes. (Agenda Item No. 14-281) (Deferred at October 6, 2014 Council Meeting to October 20, 2014 Regular City Council Meeting) (Kathleen Field, Community Development Director) 11) NEW BUSINESS 1. Consideration of a Resolution Appointing a Member to the City of Milton Design Review Board for District 2/Post 1. (Agenda Item No. 14-288) (Mayor Joe Lockwood) 12) MAYOR AND COUNCIL REPORTS 13) STAFF REPORTS 14) EXECUTIVE SESSION (if needed) 15) ADJOURNMENT (Agenda Item No. 14-289) Owl HOME OF ' ESTABLISHED 2000 CITY COUNCIL AGENDA ITEM TO: City Council DATE: October 9, 2014 FROM: City Manager AGENDA ITEM: Approval of the Following Subdivision Plats: Name of Development Action Comments Taylor Estates Final Plat Lot layout for 8 lots and easements Hawthorne Manor Final Plat Lot layout for 12 lots and easements Minor Morningstar Luxury Homes Subdivision Plat LLC, Francis Road Revision Move proposed riveway for lot 2 Manorview Phase 1 Final Plat Lots 1-6 and 66-72 Shadowood Farms Minor Subdivision Subdivision Plat Lots 5 & 6 Revise lot lines between lots 2 & 3, to alleviate driveway encroachment from Lot 2. Final Plat FEMA flood information updated as well as Cedar Park Revisions current property owners. The Grove on Birmingham Highway Final Plat Lot layout for 39 lots and easements Reserve at Providence Final Plat Lot layout for 36 lots and easements MEETING DATE: Monday, October 20, 2014 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum ©-' Yau(M O *** PHONE: 678.242.25001 FAX: 678.242.2499 ry of f een` .m CeCan�fo infoftifyofmiltongams I www.cityofmiltonga.us << COmmun�#y is Frh;�s 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 s APPROVAL BY CITY MANAGER: 9APPROVED CITY ATTORNEY APPROVAL REQUIRED: O YES CITY ATTORNEY REVIEW REQUIRED: () YES APPROVAL BY CITY ATTORNEY () APPROVED PLACED ON AGENDA FOR: lazar4 REMARKS () NOT APPROVED XNO 1 `NO () NOT APPROVED To: Honorable Mayor and City Council Members From: Kathleen Field, Community Development Director Date: Submitted on October 9, 2014 for the October 20, 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 Taylor Estates Final Plat Lot layout for 8 lots and easements Hawthorne Manor Final Plat Lot layout for 12 lots and easements Morningstar Luxury Homes LLC, Francis Road Minor Subdivision Plat Revision Move proposed driveway for lot 2 Manorview Phase 1 Final Plat Lots 1-6 and 66-72 Shadowood Farms Subdivision Minor Subdivision Plat Lots 5 & 6 Cedar Park Final Plat Revisions Revise lot lines between lots 2 & 3, to alleviate driveway encroachment from Lot 2. FEMA flood information updated as well as current property owners. The Grove on Birmingham Highway Final Plat Lot layout for 39 lots and easements Reserve at Providence Final Plat Lot layout for 36 lots and easements 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' t -T M'ON% L ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: October 9, 2014 FROM: City Manager AGENDA ITEM: Approval of a Construction Services Agreement between the City of Milton and Blount Construction Company, Inc. for the Installation of Three Concrete Pads at Hopewell Middle School. MEETING DATE: Monday, October 20, 2014 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (APPROVED O NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: 9 YES () NO CITY ATTORNEY REVIEW REQUIRED: y YES () NO APPROVAL BY CITY ATTORNEY (APPROVED O NOT APPROVED PLACED ON AGENDA FOR: JO Zo14 REMARKS Your PHONE: 678.242.25001 FAX: 678.242.2499 Greenommunit*� errificdf lop lou �rh1 S info@cityofmiltonga.us I www.cityofmilfongc�.us Ci 4 13000 Deerfield Parkway. Sjite 107 1 Milton GA 30004 To: Honorable Mayor and City Council Members From: Jim Cregge, Parks and Recreation Director Date: Submitted on October 9, 2014 for the October 20, 2014 Regular Council Meeting Agenda Item: Approval of a Construction Services Agreement between the City of Milton and Blount Construction Company, Inc. for the Installation of Three Concrete Pads at Hopewell Middle School. ____________________________________________________________________________ Department Recommendation: Staff is recommending the approval of a Construction Services Agreement between the City of Milton and Blount Construction Company, Inc. for the Installation of three Concrete Pads at Hopewell Middle School. Executive Summary: We are re-purposing one scoring stand and two sets of bleacher seats that were previously used at Bell Memorial Park. The equipment will be installed at the baseball/softball field at Hopewell Middle School. In order to meet Fulton County Board of Education requirements, the bleachers and the scoring stand must be mounted on a concrete pad that meets the specifications of the school board. This field is being used by the Hopewell Youth Association for one year while Bell Memorial Park is undergoing re-construction. Once Bell Memorial Park is back in service, this field will be available for Co-Ed Softball or other programming. Funding and Fiscal Impact: This contract is for $11,500.00 for the construction of three (3) concrete pads. Savings were achieved by re-using one scoring stand and two sets of bleachers which were taken out of service at Bell Memorial Park. Funding is coming from the Parks and Trail Expansion budget. Alternatives: The only alternative is to not provide any guest seating or a scoring stand to operate the scoreboard. Page 2 of 2 Legal Review: Paul Higbee – Jarrard & Davis 10/09/2014 Concurrent Review: Chris Lagerbloom, City Manager Attachment(s): 1) Construction Services Agreement Blount Construction Company, Inc. -OmF OF ' M I LTO Nl�- ESTABLISI 2006 CONSTRUCTION SERVICES AGREEMENT CONCRETE WORK AT HOPEWELL MIDDLE SCHOOL BASEBALL FIELD This Services Agreement (the "Agreement") is made and entered into this day of , 201_, by and between the CITY OF MILTON, GEORGIA (hereinafter referred to as the "City"), and Blount Construction Company, Inc. (hereinafter referred to as the "Contractor") having its principal place of business at 1730 Sands Place, Marietta, GA 30067 WITNESSETH THAT: WHEREAS, the City desires to employ a contractor to perform the services described herein (the "Work"); and WHEREAS, Contractor has familiarized itself with the Contract Documents, as defined below, the Work, and with all local conditions and applicable federal, state and local laws, ordinances, rules and regulations. NOW THEREFORE, the City and Contractor, in consideration of the mutual promises contained herein and other good and valuable consideration, the sufficiency of which is hereby acknowledged, agree as follows: Section 1. Contract Documents: This Agreement and the following named Exhibits, attached hereto and incorporated herein by reference, constitute the "Contract Documents": A. This Agreement (5 Pages) B. Scope of Work, attached hereto as Exhibit "A" C. Insurance Certificate, attached hereto as Exhibit `B" D. Contractor Affidavit and Agreement, attached hereto as Exhibit "C" E. Subcontractor Affidavit, attached hereto as Exhibit "D" F. Design Drawing S1, attached hereto as Exhibit "E" To the extent that there may be any conflict among the Contract Documents, the provision operating most to the benefit of the City shall govern. Section 2. The Work: Contractor shall provide all Work described in the Contract Documents. In the event of any discrepancy among the Contract Documents, the provision operating most to the benefit of the City, as determined by the City in its sole discretion, shall govern. Unless otherwise stated in the Contract Documents, the Work shall include Contractor's provision of materials, labor, expenses, and any other cost or item necessary to complete the Work, which is generally described as the construction of three (3) concrete pads between the existing dugouts at Hopewell Middle School. Section 3. Contract Time: Contractor understands that time is of the essence of this Agreement and warrants that it will perform the Work in a prompt manner, which shall not impose delays on the progress of the Work. It shall commence Work pursuant to this Agreement on or before a date to be specified on a written "Notice to Proceed" from the City, and shall fully complete the Work within twenty (20) business days of the "Notice to Proceed". Section 4. Work Changes: Any changes to the Work requiring an increase in the Contract Price, as defined below, shall require a written change order executed by the City in accordance with its purchasing regulations. Section 5. Compensation and Method of Payment: City agrees to pay Contractor for the services performed and costs incurred by Contractor upon the City's certification that the services were actually performed and costs actually incurred in accordance with this Agreement. Compensation for services performed and, if applicable, reimbursement for costs incurred shall be paid to Contractor upon the City's receipt and approval of an invoice, submitted upon completion of the Work, setting forth in detail the services performed and costs incurred. Invoices shall reflect charges incurred versus charges budgeted. The total amount paid under this Agreement for the Work shall not, in any case, exceed $11,500.00 (the "Contract Price"), except as outlined in Section 4 above. Contractor shall take no calculated risk in the performance of the Work. Specifically, Contractor agrees that in the event it cannot perform the Work within the budgetary limitations established without disregarding sound principles of Contractor's industry, Contractor will give written notice thereof immediately to the City. Section 6. Covenants of Contractor A. Assignment of Agreement: Contractor covenants and agrees not to assign or transfer any interest in, nor delegate any duties of this Agreement, without the prior express written consent of the City. B. Responsibility of Contractor and Indemnification of CitX: Contractor covenants and agrees to take and assume all responsibility for the services rendered in connection with the Work. Contractor shall bear all losses and damages directly or indirectly resulting to it on account of the performance or character of the services rendered pursuant to this Agreement. Contractor shall defend, indemnify and hold harmless the City, its officers, boards, commissions, elected and appointed officials, employees and agents from and against any and all claims, suits, actions, liability, judgments, damages, losses, and expenses, including but not limited to, attorney's fees, which may be the result of willful, negligent or tortious conduct arising out of the Work, performance of contracted services, or operations by Contractor, any subcontractor, anyone directly or indirectly employed by Contractor or subcontractor or anyone for whose acts Contractor or subcontractor may be liable, regardless of whether or not the negligent act is caused in part by a party indemnified hereunder. Contractor shall not be required to indemnify the City or its officers, boards, commissions, elected or appointed officials, employees or agents against liability or claims for damages, losses, or expenses, including attorney fees, arising out of bodily injury to persons, death, or damage to property caused by or resulting from the sole negligence of the City or its officers, boards, commissions, elected or appointed officials, employees or agents. C. Independent Contractor: Contractor hereby covenants and declares that it is engaged in an independent business and agrees to perform the Work as an independent contractor, not as agent or employee of City. Inasmuch as City and Contractor are contractors independent of one another, neither has the authority to bind the other to any third person or otherwise to act in any way as the representative of the other, unless otherwise expressly agreed to in writing by both parties. Contractor agrees not to represent itself as City's agent for any purpose to any party or to allow any employee to do so, unless specifically authorized, in advance and in writing, and then only for the limited purpose stated in such authorization. Contractor shall assume full liability for any contracts or agreements Contractor enters into on behalf of City without the express knowledge and prior written consent of City. D. Insurance: Contractor shall have and maintain in full force and effect for the duration of this Agreement, insurance approved by the City as shown on Exhibit "B". E. Licenses, Certifications and Permits: Contractor covenants and declares that it has obtained and will maintain all diplomas, certificates, licenses, permits or the like required by any national, state, regional, City, and local boards, agencies, commissions, committees or other regulatory bodies to perform the Work. Contractor shall comply with applicable legal requirements and meet the standard of quality ordinarily expected of its industry. F. Ownership of Work: All reports, drawings, specifications, and other items prepared or in the process of being prepared for the Work by Contractor ("materials") shall be the property of the City and the City shall be entitled to full access and copies of all materials. All copyrightable subject matter in all materials is hereby assigned to the City and Contractor agrees to execute any additional documents necessary to evidence such assignment. G. Contractor's Representative: Mr. Bob Cathcart shall be authorized to act on Contractor's behalf with respect to the Work as Contractor's designated representative. H. Confidentiality: Contractor acknowledges that it may receive confidential information of the City and that it will protect the confidentiality of any such confidential information and will require any of its subcontractors, consultants, and/or staff to likewise protect such confidential information. 2 I. Meetings: Contractor shall meet with City's personnel or designated representatives to resolve technical or contractual problems that may occur during the term of the contract, at no additional cost to City. Section 7. Warranty: Contractor shall repair all defects in materials, equipment, or workmanship appearing within one year from the date of completion of the Work at no additional cost to the City. Section 8. Termination: The City may terminate this Agreement for convenience at any time upon written notice to Contractor. Provided that no damages are due to the City for Contractor's breach of this Agreement, the City shall pay Contractor for Work performed to date in accordance with Section 5 herein. Section 9. Miscellaneous A. Governing Law. This Agreement shall be governed by the laws of the State of Georgia. B. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original, but all of which together shall constitute one and the same instrument. C. Sovereign Immunity. Nothing contained in this Agreement shall be construed to be a waiver of the City's sovereign immunity or any individual's qualified good faith or official immunities. D. Employment of Unauthorized Aliens Prohibited: (1) E -Verify Affidavit It is the policy of the City of Milton that unauthorized aliens shall not be employed to perform work on City contracts involving the physical performance of services. Therefore, the City shall not enter into a contract for the physical performance of services within the State of Georgia unless: (1) the Contractor shall provide evidence on City -provided forms, attached hereto as Exhibits "C" and "D" (affidavits regarding compliance with the E -Verify program to be sworn under oath under criminal penalty of false swearing pursuant to O.C.G.A. § 16-10-71), that it and Contractor's subcontractors have conducted a verification, under the federal Employment Eligibility Verification ("EEV" or "E -Verify") program, of the social security numbers, or other identifying information now or hereafter accepted by the E -Verify program, of all employees who will perform work on the City contract to ensure that no unauthorized aliens will be employed, or (2) the Contractor provides evidence that it is not required to provide an affidavit because it is licensed pursuant to Title 26 or Title 43 or by the State Bar of Georgia and is in good standing as of the date when the contract for services is to be rendered. The Contractor hereby verifies that it has, prior to executing this Agreement, executed a notarized affidavit, the form of which is provided in Exhibit "C", and submitted such affidavit to City or provided the City with evidence that it is not required to provide such an affidavit because it is licensed and in good standing as noted in subsection (2) above. Further, Contractor hereby agrees to comply with the requirements of the federal Immigration Reform and Control Act of 1986 (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 N Exhibit "D", which subcontractor affidavit shall become part of the contractor/subcontractor agreement, or evidence that the subcontractor is not required to provide such an affidavit because it is licensed and in good standing as noted in subsection (2) above. If a subcontractor affidavit is obtained, Contractor agrees to provide a completed copy to the City within five (5) business days of receipt from any subcontractor. Where Contractor is required to provide an affidavit pursuant to O.C.G.A. § 13-10-91, the City Manager or his/her designee shall be authorized to conduct an inspection of the Contractor's and Contractor's subcontractors' verification process at any time to determine that the verification was correct and complete. The Contractor and Contractor's subcontractors shall retain all documents and records of their respective verification process for a period of three (3) years following completion of the contract. Further, where Contractor is required to provide an affidavit pursuant to O.C.G.A. § 13-10-91, the City Manager or his/her designee shall further be authorized to conduct periodic inspections to ensure that no City Contractor or Contractor's subcontractors employ unauthorized aliens on City contracts. By entering into a contract with the City, the Contractor and Contractor's subcontractors agree to cooperate with any such investigation by making their records and personnel available upon reasonable notice for inspection and questioning. Where a Contractor or Contractor's subcontractors are found to have employed an unauthorized alien, the City Manager or his/her designee may report same to the Department of Homeland Security. The Contractor's failure to cooperate with the investigation may be sanctioned by termination of the contract, and the Contractor shall be liable for all damages and delays occasioned by the City thereby. Contractor agrees that the employee -number category designated below is applicable to the Contractor. [Information only required if a contractor affidavit is required pursuant to O.C.G.A. § 13-10-91.] 500 or more employees. 100 or more employees. Fewer than 100 employees. Contractor hereby agrees that, in the event Contractor employs or contracts with any subcontractor(s) in connection with this Agreement and where the subcontractor is required to provide an affidavit pursuant to O.C.G.A. § 13-10-91, the Contractor will secure from the subcontractor(s) such subcontractor(s') indication of the above employee -number category that is applicable to the subcontractor. The above requirements shall be in addition to the requirements of State and federal 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. 0 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed under seal as of the date first above written. BLOUNT CONSTRUCTION COMPANY, INC. Signature: Title [AFFIX CORPORATE SEAL] CITY OF MILTON, GEORGIA Joe Lockwood, Mayor Printed Name: EXHIBIT "A" Scope of Work Contractor shall perform all tasks required to provide and install three (3) concrete pads at the baseball field at Hopewell Middle School. One pad is for a scoring stand and it is to be 7' x 8' in dimension and positioned behind the backstop and behind home plate. The other two pads are to support bleachers for fans. Each pad is to be 14' x 20' in dimension. One pad will be outside the fenced in playing area along the first base side and the other pad will be outside the fenced in area along the third base side. The exact locations of each pad are to be coordinated with the owner prior to the start of work. EXHIBIT "B" Insurance Certificate BLOUCON-01 DANI ,acoszn° CERTIFICATE OF LIABILITY INSURANCE �►�-�"' DATD/YYYY) 100/8/218/2014 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 (404)633-4321 Yates Insurance Agency 2800 Century Parkway NE Suite 300 Atlanta, GA 30345 NAME: T gHCNE Ex ;404-633-4321 FAAic No:404-633-1312 A L ADDRESS: certs@yatesins.com INSURER(S) AFFORDING COVERAGE NAIC # INSURERA:BITCO National Insurance Company 20109 INSURED Blount Construction Co Inc 1730 Sands Place Marietta, GA 30067- INSURERB:BITCO General Insurance Corporation 20095 INSURERC:Great American Insurance Company 16691 INSURERD:Columbia Casualty Company 31127 INSURER E: INSURER F - COVERAGES CERTIFICATE NUMBER: 2014 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT VVITH 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. ILTRR TYPE OF INSURANCE N DLSUBR R WVD POLICY NUMBER POLICY YIYEYYY MM%DDI`fY Y LIMITS A GENERAL LIABWTY X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE 7 OCCUR X X CLP3596593 1/1/2014 1/112015 EACH OCCURRENCE S 1,000,00 PREMSEES�EaEoNccurrence $ 100,00 MED EXP (Any one person) $ 10,00 PERSONAL & ADV INJURY $ 1,000,00 GENERAL AGGREGATE $ 2,000,00 GEN'L AGGREGATE LIMIT APPLIES PER: 17 POLICY FX7 PRCO� LOC PRODUCTS- COMPIOP AGG $ 2,000,00 $ B AUTOMOBILE JX LIABILITY ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS HIREDAUTOS X NON -OWNED AUTOS X X CAP3696689 1/1/2014 1/1/2015 COMBINED SINGLE LIMIT 1,000,00 Ea accident $ BODILYINJURY(Perperson) $ BODILY INJURY (Per accident) $ PROPERTYDAMA E $ Per accident $ C X UMBRELLA LAB EXCESS LIAB X OCCUR CLAIMS -MADE T00033025205 1/1/2014 1/112015 EACH OCCURRENCE $ 10,000,00 AGGREGATE $ 10,000,00 DED I X I RETENTIONS 10,000 $ B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUnVE Y/N OFFICER.MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below N I A X C3596695 111/2014 1/1/2015 X I WC STATU-OTH- TRY LIMITS ER E.LEACH ACCIDENT $ 1,000,00 E.L. DISEASE - EA EMPLOYEE $ 1,000,00 E.L. DISEASE - POLICY LIMIT $ 1,000,00 D Pollution Liability C5099276172 1/1/2014 1/112015 $25,000 Ded $2,000,000 Oc DESCRIPION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) See attached page. CERTIFICATE HOLDER CANCELLATION ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 26 (2010/05) The ACORD name and logo are registered marks of ACORD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City CI of Milton THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 13000 Deerfield Pkwy Suite 107G AUTHORIZED REPRESENTATIVE Milton, GA 30004- ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 26 (2010/05) The ACORD name and logo are registered marks of ACORD DESCRIPTION OF OPERATIONS - Blount Construction Co Inc 1730 Sands Place Marietta, GA 30067 - City of Milton 13000 Deerfield Pkwy Suite 107G Milton, GA 30004- BLOUCON-01 DANT PAGE 1 OF 1 ubject to policy terms, conditions, forms and exclusions, the insurance coverages afforded by the policies above include the rllowing when required by written contract for the certificate holder and/or entities listed below: Blanket Additional Insured in ,gards to General Liability for ongoing and completed operations and Automobile Liability; Blanket Primary and on -Contributory in regards to General Liability; Blanket Wavier of Subrogation in regards to General Liability, Automobile !ability and Workers' Compensation; Per Project Aggregate applies to the General Liability. Umbrella is subject to policy limits, firms, terms, conditions, and exclusions. L3086 (09/11) - Transportation Contractors Extended Liability Coverage -2931 (11/99) -Additional Insured -Specific Entities OX -2287 -BW (01/93) - Waiver of Transfer of Rights of Recovery Against Others to Us FC000313 (4-84) - Waiver of Our Right to Recover From Others Endorsement A16003 (6197) - Schedule of Underlying Insurance Concrete Work - Hopewell Middle School Baseball Field Entities: City of Milton and Fulton County Board of Education SCHEDULE OF FORMS AND ENDORSEMENTS NAMED INSURED BLOUNT CONSTRUCTION COMPANY, INC. POLICY NUMBER CLP 3 596 593 GU -2992 (06/00) IMPORTANT NOTICE - GEORGIA GU 4316 (09/04) ADVISORY NOTICE TO POLICYHOLDERS GU -3021 (09/00) NOTICE GU -3076 (05/01) PRIVACY STATEMENT GU -4320 (05/04) ADVISORY NOTICE TO POLICYHOLDERS GU -4539 (01/08) NOTICE TO POLICYHOLDERS GU -4741 (09/13) ADVISORY NOTICE TO POLICYHOLDERS GU 2368D (07/02) AUDIT INFORMATION GU 4121 (09/02) NOTICE TO POLICYHOLDERS GU -4312 (04/04) NOTICE TO POLICYHOLDERS GU -4537 (01/08) NOTICE TO POLICYHOLDERS GU 2510 (06/96) QUICK REFERENCE - COMMERCIAL GENERAL LIABILITY COVERAGE PART GU -2990 (05/00) FLOOD INSURANCE NOTICE GU -4469 (08/06) EXCLUSION OF LOSS DUE TO VIRUS OR BACTERIA - ADVISORY NOTICE TO POLICYHOLDERS GU -4562 (10/08) WATER EXCLUSION ENDORSEMENT - ADVISORY NOTICE TO POLICYHOLDERS GU -4744A (01/13) NOTICE TO POLICYHOLDERS GOX 2281 (12/92) SCHEDULE OF PREMISES LOCATIONS GOX 2281 (12/92) SCHEDULE OF PREMISES LOCATIONS GOX 2279 (12/92) SCHEDULE OF FORMS AND ENDORSEMENTS GQX-2287CN (01/93) MANUSCRIPT ENDORSEMENT CLP -2584B (05/01) COMMERCIAL LINES POLICY DECLARATION IL 09 85 (01/08) DISCLOSURE PURSUANT TO TERRORISM RISK INSURANCE ACT IL 00 17 (11/98) COMMON POLICY CONDITIONS IL 00 21 (09/08) NUCLEAR ENERGY LIABILITY EXCLUSION ENDORSEMENT IL O1 19 (01/07) MISSISSIPPI CHANGES IL O1 62 (10/91) NORTH CAROLINA STANDARD FIRE POLICY PROVISIONS IL O1 75 (09/07) FLORIDA CHANGES LEGAL ACTION AGAINST US IL Ol 90 (09/07) ALABAMA CHANGES - ACTUAL CASH VALUE IL O1 94 (10/12) SOUTH CAROLINA CHANGES - LEGAL ACTION AGAINST US IL 02 49 (09/08) SOUTH CAROLINA CHANGES - CANCELLATION AND NONRENEWAL IL 02 55 (02112) FLORIDA CHANGES - CANCELLATION AND NONRENEWAL IL 02 62 (09/08) GEORGIA CHANGES - CANCELLATION AND NONRENEWAL IL 02 69 (09/08) NORTH CAROLINA CHANGES - CANCELLATION AND NONRENEWAL IL 02 82 (09/08) MISSISSIPPI CHANGES - CANCELLATION AND NONRENEWAL IL 09 52 (01/08) CAP ON LOSSES FROM CERTIFIED ACTS OF TERRORISM GL -2438A (02/99) COMMERCIAL GENERAL LIABILITY DECLARATIONS GOX-2446 (07/95) COMMERCIAL GENERAL LIABILITY SCHEDULE GOX-2446 (07/95) COMMERCIAL GENERAL LIABILITY SCHEDULE GOX-2446 (07/95) COMMERCIAL GENERAL LIABILITY SCHEDULE GOX-2446 (07/95) COMMERCIAL GENERAL LIABILITY SCHEDULE CG 00 01 (04/13) COMMERCIAL GENERAL LIABILITY COVERAGE FORM CG 21 42 (12/04) EXCLUSION - EXPLOSION, COLLAPSE AND UNDERGROUND PROPERTY DAMAGE HAZARD (SPECIFIED OPERATIONS) GL -2784 (09/11) EXTENDED LIABILITY COVERAGE GL -3086 (09/11) TRANSPORTATION CONTRACTORS EXTENDED LIABILITY COVERAGE L2399B (10/01) LIMITED POLLUTION COVERAGE - "WORK SITES" L 2474a (02/99) EXCLUSION - LEAD CG 03 00 (01/96) DEDUCTIBLE LIABILITY INSURANCE CG 04 35 (12/07) EMPLOYEE BENEFITS LIABILITY COVERAGE CG 02 20 (03/12) FLORIDA CHANGES - CANCELLATION AND NONRENEWAL CG 21 47 (12/07) EMPLOYMENT-RELATED PRACTICES EXCLUSION CG 21 67 (12/04) FUNGI OR BACTERIA EXCLUSION GOX-2279 (12/92) SCHEDULE OF FORMS AND BLOUNT CONSTRUCTION COMPANY, INC. I CLP 3 596 593 CG 21 70 (01/08) CAP ON LOSSES FROM CERTIFIED ACTS OF TERRORISM CG 21 76 (01/08) EXCLUSION OF PUNITIVE DAMAGES RELATED TO A CERTIFIED ACT OF TERRORISM CG 22 33 (07/98) EXCLUSION TESTING OR CONSULTING ERRORS AND OMISSIONS CG 22 34 (04/13) EXCLUSION CONSTRUCTION MANAGEMENT ERRORS AND OMISSIONS CG 22 79 (04/13) EXCLUSION CONTRACTORS - PROFESSIONAL LIABILITY GL -4119 (09/02) EXCLUSION EXTERIOR INSULATION AND FINISH SYSTEMS (EIFS) AND DIRECT -APPLIED EXTERIOR FINISH SYSTEMS (REFS) GL -4302 (02/04) SILICA EXCLUSION GL -4666 (01/11) EXCLUSION - ENGINEERS, ARCHITECTS OR SURVEYORS PROFESSIONAL LIABILITY L 1751a (01/86) EXCLUSION (ASBESTOS) L 1752a (01/86) EXCLUSION (ASBESTOS - MISSISSIPPI) GGX-2545A (04/11) COMMERCIAL PROPERTY SCHEDULE GOX-2545A (04/11) COMMERCIAL PROPERTY SCHEDULE GOX-2545A (04/11) COMMERCIAL PROPERTY SCHEDULE GOX-2545A (04/11) COMMERCIAL PROPERTY SCHEDULE GOX-2545A (04/11) COMMERCIAL PROPERTY SCHEDULE CP 00 10 (10/12) BUILDING AND PERSONAL PROPERTY COVERAGE FORM CP 00 30 (10/12) BUSINESS INCOME (AND EXTRA EXPENSE) COVERAGE FORM CP 00 90 (07/88) COMMERCIAL PROPERTY CONDITIONS CP 10 30 (10/12) CAUSES OF LOSS - SPECIAL FORM IM -2750 (07/98) INLAND MARINE LOSS PAYABLE ENDORSEMENT IM -2750 (07/98) INLAND MARINE LOSS PAYABLE ENDORSEMENT IM -2750 (07/98) INLAND MARINE LOSS PAYABLE ENDORSEMENT IM -2750 (07/98) INLAND MARINE LOSS PAYABLE ENDORSEMENT IM -2750 (07/98) INLAND MARINE LOSS PAYABLE ENDORSEMENT IM -2750 (07/98) INLAND MARINE LOSS PAYABLE ENDORSEMENT IM -2750 (07/98) INLAND MARINE LOSS PAYABLE ENDORSEMENT IM -2750 (07/98) INLAND MARINE LOSS PAYABLE ENDORSEMENT IM -2750 (07/98) INLAND MARINE LOSS PAYABLE ENDORSEMENT IM -2750 (07/98) INLAND MARINE LOSS PAYABLE ENDORSEMENT IM -2750 (07/98) INLAND MARINE LOSS PAYABLE ENDORSEMENT IM -2750 (07/98) INLAND MARINE LOSS PAYABLE ENDORSEMENT IM -2750 (07/98) INLAND MARINE LOSS PAYABLE ENDORSEMENT IM -2750 (07/98) INLAND MARINE LOSS PAYABLE ENDORSEMENT IM -2750 (07/98) INLAND MARINE LOSS PAYABLE ENDORSEMENT IM -2750 (07/98) INLAND MARINE LOSS PAYABLE ENDORSEMENT IM -2750 (07/98) INLAND MARINE LOSS PAYABLE ENDORSEMENT IM -2750 (07/98) INLAND MARINE LOSS PAYABLE ENDORSEMENT IM -2750 (07/98) INLAND MARINE LOSS PAYABLE ENDORSEMENT IM -2750 (07/98) INLAND MARINE LOSS PAYABLE ENDORSEMENT IM -2750 (07/98) INLAND MARINE LOSS PAYABLE ENDORSEMENT CP O1 40 (07/06) EXCLUSION OF LOSS DUE TO VIRUS OR BACTERIA CP 2230C (12/03) EXTENDED PROPERTY COVERAGE CP O1 31 (03/13) GEORGIA CHANGES CP -4753 (01/13) NEWLY ACQUIRED PROPERTY AT DESCRIBED PREMISES IM -1785 (11/85) GENERAL PURPOSE INLAND MARINE DECLARATIONS IM -2682A (03/99) ELECTRONIC DATA PROCESSING - DECLARATIONS IM 2683 (12/97) ELECTRONIC DATA PROCESSING COVERAGE CM 00 01 (09/04) COMMERCIAL INLAND MARINE CONDITIONS CM 01 42 (03/13) GEORGIA CHANGES IM -1302d (09/93) EQUIPMENT SCHEDULE AND DEDUCTIBLE GOX-2279 (12/92) SCHEDULE OF FORMS AND ENDORSEMENTS NAMED INSURED BLOUNT CONSTRUCTION COMPANY, INC. POLICY NUMBER CLP 3 596 593 IM -1302d (09/93) EQUIPMENT SCHEDULE AND DEDUCTIBLE IM -1302d (09/93) EQUIPMENT SCHEDULE AND DEDUCTIBLE IM -1302d (09/93) EQUIPMENT SCHEDULE AND DEDUCTIBLE IM -1302d (09/93) EQUIPMENT SCHEDULE AND DEDUCTIBLE IM -0495J (06/05) CONTRACTORS' EQUIPMENT COVERAGE - SCHEDULED EQUIPMENT FORM IM -1615C (07/05) CONTRACTORS EQUIPMENT LEASED, BORROWED OR RENTED FROM OTHERS MAN -CO (01/02) MANUSCRIPT ENDORSEMENT MAN -CO (01/02) MANUSCRIPT ENDORSEMENT MAN -CO (01/02) MANUSCRIPT ENDORSEMENT GOX-2279 (12/92) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. TRANSPORTATION CONTRACTORS EXTENDED LIABILITY COVERAGE This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM It is agreed that the provisions listed below apply only upon the entry of an QX in the box next to the caption of such provision. A. 7X Partnership and Joint Venture Extension N. (—X Construction Project General Aggregate ILimits B. ❑X Contractors Automatic Additional Insured Coverage — Ongoing Operations O.XCl Fellow Employee Coverage C.X� Automatic Waiver of Subrogation D. ❑X Extended Notice of Cancellation, Nonrenewal E. FX Unintentional Failure to Disclose Hazards F. F—T-1113roadened Mobile Equipment G. �X Personal and Advertising Injury - Contractual Coverage H. FX Nonemployment Discrimination 1. ❑X Liquor Liability J. FX Broadened Conditions K. 0 Automatic Additional Insureds — Equipment Leases L. IF-XA71 Suits Against Dredges and Barges M. ❑X Insured Contract Extension - Railroad Property and Construction Contracts P.X� Property Damage Liability - Elevators Q. X Property Damage to the Named Insured's Work R XX Care, Custody or Control SIF -T11 Electronic Data Liability Coverage T. OX Consolidated Insurance Program Residual Liability Coverage U.X� Automatic Additional Insureds — Managers or Lessors of Premises V.XD Automatic Additional Insureds — State or Governmental Agency or Political Subdivisions — Permits or Authorizations W FX Contractors Automatic Additional Insured Coverage — Completed Operations X. XQ Additional Insured — Engineers, Architects or Surveyors A. PARTNERSHIP AND JOINT VENTURE EXTENSION The following provision is added to SECTION 11- WHO IS AN INSURED: The last full paragraph which reads as follows: No person or organization is an insured with respect to the conduct of any current or past partnership, joint venture or limited liability company that is not shown as a Named Insured in the Declarations. is deleted and replaced with the following: With respect to the conduct of any past or present joint venture or partnership not shown as a Named Insured in the Declarations and of which you are or were a partner or member, you are an insured, but only with respect to liability arising out of "your work" on behalf of any partnership or joint venture not shown as a Named Insured in the Declarations, provided no other similar liability insurance is available to you for "your work" in connection with your interest in such partnership or joint venture. B. CONTRACTORS AUTOMATIC ADDITIONAL INSURED COVERAGE — ONGOING OPERATIONS SECTION II — WHO IS AN INSURED is amended to include as an additional insured any person or organization who is required by written contract to be an additional insured on your policy, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the project(s) designated in the written contract. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to "bodily injury" or "property damage' occurring after: 1. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. This insurance is excess of all other insurance available to the additional insured, whether primary, excess, contingent or on any other basis, unless the written contract requires this insurance to be primary. In that event, this insurance will be primary relative to insurance policy(s) which designate the additional insured as a Named Insured in the Declarations and we will not require contribution from such insurance if the written contract also requires that this insurance be non-contributory. But with respect to all other insurance under which the additional insured qualifies as an insured or additional insured, this insurance will be excess. C. AUTOMATIC WAIVER OF SUBROGATION Item 8. of SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS, is deleted and replaced with the following: 8. Transfer of Rights of Recovery Against Others to Us and Automatic Waiver of Subrogation. a. If the insured has rights to recover all or part of any payment we have made under this Coverage Form, those rights are transferred to us. The insured must do nothing after loss to impair those rights. At our request, the insured will bring "suit" or transfer those rights to us and help us enforce them. b. If required by a written contract executed prior to loss, we waive any right of recovery we may have against any person or organization because of payments we make for injury or damage arising out of "your work" for that person or organization. D. EXTENDED NOTICE OF CANCELLATION, NONRENEWAL Item A.2.b. of the COMMON POLICY CONDITIONS, is deleted and replaced with the following: A.2.b. 60 days before the effective date of the cancellation if we cancel for any other reason. Item 9, of SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS, is deleted and replaced with the following: 9. WHEN WE DO NOT RENEW a. If we choose to nonrenew this policy, we will mail or deliver to the first Named Insured shown in the Declarations written notice of the nonrenewal not less than 60 days before the expiration date. b. If we do not give notice of our intent to nonrenew as prescribed in a. above, it is agreed that you may extend the period of this policy for a maximum additional sixty (60) days from its scheduled expiration date. Where not otherwise prohibited by law, the existing terms, conditions and rates will remain in effect during that extension period. It is further agreed that so long as it is not otherwise prohibited by law, this one time sixty day extension is the sole remedy and liquidated damages available to the insured as a result of our failure to give the notice as prescribed in 9. a. above. E. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS Although we relied on your representations as to existing and past hazards, if unintentionally you should fail to disclose all such hazards at the inception date of your policy, we will not deny coverage under this Coverage Form because of such failure. F. BROADENED MOBILE EQUIPMENT Item 12.b. of SECTION V - DEFINITIONS, is deleted and replaced with the following: 12.b. Vehicles maintained for use solely on or next to premises, sites or locations you own, rent or occupy. G. PERSONAL AND ADVERTISING INJURY - CONTRACTUAL COVERAGE Exclusion 2.e. of SECTION I, COVERAGE B is deleted. H. NONEMPLOYMENT DISCRIMINATION Unless "personal and advertising injury" is excluded from this policy: Item 14. of SECTION V - DEFINITIONS, is amended to include: "Personal and advertising injury" also means embarrassment or humiliation, mental or emotional distress, physical illness, physical impairment, loss of earning capacity or monetary loss, which is caused by "discrimination." SECTION V - DEFINITIONS, is amended to include: "Discrimination" means the unlawful treatment of individuals based on race, color, ethnic origin, age, gender or religion. Item 2. Exclusions of SECTION 1, COVERAGE B, is amended to include: "Personal and advertising injury" arising out of 'discrimination" directly or indirectly related to the past employment, employment or prospective employment of any person or class of persons by any insured; "Personal and advertising injury" arising out of 'discrimination' by or at your, your agents or your "employees" direction or with your, your agents or your 'employees" knowledge or consent; 'Personal and advertising injury" arising out of 'discrimination" directly or indirectly related to the sale, rental, lease or sub -lease or prospective sale, rental, lease or sub -lease of any dwelling, permanent lodging or premises by or at the direction of any insured. Fines, penalties, specific performance or injunctions levied or imposed by a governmental entity, or governmental code, law, or statute because of 'discrimination." 1. LIQUOR LIABILITY Exclusion 2.c. of SECTION 1, COVERAGE A, is deleted. J. BROADENED CONDITIONS Items 2.a. and 2.b. of SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS, are deleted and replaced with the following: 2. Duties In The Event Of Occurrence, Offense, Claim Or Suit: a. You must see to it that we are notified of an "occurrence" or an offense which may result in a claim as soon as practicable after the "occurrence" has been reported to you, one of your officers or an 'employee' designated to give notice to us. Notice should include: (1) How, when and where the "occurrence' or offense took place; (2) The names and addresses of any injured persons and witnesses; and (3) 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 any insured, you must: (1) Record the specifics of the claim or "suit' and the date received as soon as you, one of your officers, or an "employee" designated to record such information is notified of it; and (2) Notify us in writing as soon as practicable after you, one of your officers, your legal department or an 'employee" you designate to give us such notice learns of the claims or "Suit.' Item 2.e. is added to SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS: 2.e. If you report an 'occurrence' to your workers compensation insurer which develops into a liability claim for which coverage is provided by the Coverage Form, failure to report such "occurrence" to us at the time of 'occurrence" shall not be deemed in violation of paragraphs 2.a., 2.b., and 2.c. However, you shall give written notice of this 'occurrence" to us as soon as you are made aware of the fact that this "occurrence' may be a liability claim rather than a workers compensation claim. K. AUTOMATIC ADDITIONAL INSUREDS - EQUIPMENT LEASES SECTION II - WHO IS AN INSURED is amended to include any person or organization with whom you agree in a written equipment lease or rental agreement to name as an additional insured with respect to liability for "bodily injury", 'property damage" or "personal and advertising injury" caused, at least in part, by your maintenance, operation, or use by you of the equipment leased to you by such person or organization, subject to the following additional exclusions. The insurance provided to the additional insured does not apply to: 1. "Bodily injury" or "property damage" occurring after you cease leasing the equipment. 2. "Bodily injury" or "property damage" arising out of the sole negligence of the additional insured. 3. "Property damage" to: a. Property owned, used or occupied by or rented to the additional insured; or b. Property in the care, custody or control of the additional insured or over which the additional insured is for any purpose exercising physical control. This insurance is excess of all other insurance available to the additional insured, whether primary, excess, contingent or on any other basis, unless the written contract requires this insurance to be primary. In that event, this insurance will be primary relative to insurance policy(s) which designate the additional insured as a Named Insured in the Declarations and we will not require contribution from such insurance if the written contract also requires that this insurance be non-contributory. But with respect to all other insurance under which the additional insured qualifies as an insured or additional insured, this insurance will be excess. L. SUITS AGAINST DREDGES AND BARGES We agree that any "suit" in rem against any dredge or barge owned, operated by or for you, and used in your operations, shall in all respects be treated in the same manner as though the "suit" were against you. This coverage is excess over and above any specific insurance on any dredge or barge owned, operated by or for you, and used in your operations. M. INSURED CONTRACT EXTENSION - RAILROAD PROPERTY AND CONS'T'RUCTION CONTRACTS Item 9. of SECTION V - DEFINITIONS, is deleted and replaced with the following. 9. "Insured Contract" means: a. A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire to premises while rented to you or temporarily occupied by you with permission of the owner is not an "insured contract b. A sidetrack agreement; c. Any easement or license agreement; d. An obligation, as required by ordinance, to indemnity a municipality, except in connection with work for a municipality; 9. An elevator maintenance agreement; f. That part of any other contract or agreement pertaining to your business (including an indemnification of a municipality in connection with work performed for a municipality) under which you assume the tort liability of another party to pay for "bodily injury" or "property damage" to a third person or organization. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. Paragraph f. does not include that part of any contract or agreement: (1) That indemnifies an architect, engineer or surveyor for injury or damage arising out of: (a) Preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (b) Giving directions or instructions, or failing to give them, if that is the primary cause of the injury or damage; or (2) Under which the insured, if an architect, engineer or surveyor, assumes liability for an injury or damage arising out of the insured's rendering or failure to render professional services, including those listed in (1) above and supervisory, inspection, architectural or engineering activities. N. CONSTRUCTION PROJECT GENERAL AGGREGATE LIMITS This modifies SECTION 111- LIMITS OF INSURANCE. A. For all sums which can be attributed only to ongoing operations at a single construction project for which the insured becomes legally obligated to pay as damages caused by an "occurrence" under SECTION I - COVERAGE A, and for all medical expenses caused by accidents under SECTION I - COVERAGE C: 1. A separate Construction Project General Aggregate Limit applies to each construction project, and that limit is equal to the amount of the General Aggregate Limit shown in the Declarations. 2. The Construction Project General Aggregate Limit is the most we will pay for the sum of all damages under COVERAGE A, except damages because of "bodily injury" or 'property damage" included in the "products -completed operations hazard," and for medical expenses under COVERAGE C regardless of the number of: a. Insureds; b. Claims made or "suits' brought; or c. Persons or organizations making claims or bringing "suits." 3. Any payments made under COVERAGE A for damages or under COVERAGE C for medical expenses shall reduce the Construction Project General Aggregate Limit for that construction project Such payments shall not reduce the General Aggregate Limit shown in the Declarations nor shall they reduce any other Construction Project General Aggregate Limit for any other construction project. 4. The limits shown in the Declarations for Each Occurrence, Fire Damage and Medical Expense continue to apply. However, instead of being subject to the General Aggregate Limit shown in the Declarations, such limits will be subject to the applicable Construction Project General Aggregate Limit. B. For all sums which cannot be attributed only to ongoing operations at a single construction project for which the insured becomes legally obligated to pay as damages caused by an 'occurrence" under SECTION I - COVERAGE A, and for all medical expenses caused by accidents under SECTION I - COVERAGE C: 1. Any payments made under COVERAGE A for damages or under COVERAGE C for medical expenses shall reduce the amount available under the General Aggregate Limit or the Products - Completed Operations Aggregate Limit, whichever is applicable; and 2. Such payments shall not reduce any Construction Project General Aggregate Limit. C. Payments for damages because of "bodily injury' or "property damage" included in the "products - completed operations hazard" will reduce the Products -Completed Operations Aggregate Limit, and not reduce the General Aggregate Limit nor the Construction Project General Aggregate Limit. D. If a construction project has been abandoned, delayed, or abandoned and then restarted, or if the authorized contracting parties deviate from plans, blueprints, designs, specifications or timetables, the project will still be deemed to be the same construction project. E. The provisions of SECTION III - LIMITS OF INSURANCE not otherwise modified by this endorsement shall continue to be applicable. O. FELLOW EMPLOYEE COVERAGE Exclusion 2.e. Employers Liability of SECTION I, COVERAGE A, is deleted and replaced with the following: 2.e. 'Bodily injury' to (1) An 'employee" of the insured arising out of and in the course of: (a) Employment by the insured; or (b) Performing duties related to the conduct of the insured's business; or (2) The spouse, child, parent, brother or sister of that "employee" as a consequence of paragraph (1) above. This exclusion applies: (1) Whether the insured may be liable as an employer or in any other capacity; and (2) To any obligation to share damages with or repay someone else who must pay damages because of the injury. This exclusion does not apply to: (1) Liability assumed by the insured under an 'insured contract"; or (2) Liability arising from any action or omission of a co -"employee" while that co "employee' is either in the course of his or her employment or performing duties related to the conduct of your business. Item 2.a. (1xa) of SECTION 11- WHO IS AN INSURED, is deleted and replaced with the following: 2.a. (1)(a) To you, to your partners or members (if you are a partnership or joint venture) or to your members (if you are a limited liability company), or to your "volunteer workers" while performing duties related to the conduct of your business. P. PROPERTY DAMAGE LIABILITY - ELEVATORS "Property damage" liability is changed as follows: 1. Exclusions 2.1.(3) and 2.1.(4) of SECTION I, COVERAGE A, do not apply to the use of elevators. 2. The insurance afforded by reason of this provision is excess over any valid and collectible property insurance (including any deductible portion thereof) available to the insured whether primary, excess, contingent or on any other basis, and the OTHER INSURANCE condition is changed accordingly. 0. PROPERTY DAMAGE TO THE NAMED INSURED'S WORK Exclusion I of SECTION 1, COVERAGE A. is deleted and replaced with the following: Damage to Your Work "Property damage" to "your work" arising out of it or any part of it and included in the "products completed operation hazard." This exclusion applies only to that portion of any loss in excess of $50,000 per occurrence if the damaged work and the work out of which the damage arises was performed by you. This exclusion does not apply if the damaged work or the work out of which the damage arises was performed on your behalf by a subcontractor. R. CARE, CUSTODY OR CONTROL Exclusion 2.1.4 of SECTION 1, COVERAGE A. is deleted and replaced with the following: 2.1.4 Personal property in the care, custody or control of the insured. However, for personal property in the care, custody or control of you or your 'employees,' this exclusion applies only to that portion of any loss in excess of $25,000 per occurrence, subject to the following terms and conditions; (a) The most that we will pay under this provision as an annual aggregate is $100,000, regardless of the number of occurrences. (b) This provision does not apply to "employee" owned property or any property that is missing where there is not physical evidence to show what happened to the property. (c) The aggregate limit for this coverage provision is part of the General Aggregate Limit and SECTION 111- LIMITS OF INSURANCE is changed accordingly. (d) In the event of damage to or destruction of property covered by this exception, you shall, if requested by us, replace the property or furnish the labor and materials necessary for repairs thereto, at actual cost to you, exclusive of prospective profit or overhead charges of any nature. (6) $2,500 shall be deducted from the total amount of all sums you became obligated to pay as damages on account of damage to or destruction of all property of each person or organization, including the loss of use of that property, as a result of each "occurrence." Our limit of liability under the endorsement as being applicable to each "occurrence" shall be reduced by the amount of the deductible indicated above; however, our aggregate limit of liability under this provision shall not be reduced by the amount of such deductible. The conditions of the policy, including those with respect to duties in the event of "occurrence," claims or "suit" apply irrespective of the application of the deductible amount. We may pay any part or all of the deductible amount to effect settlement of any claim or "suit" and, upon notification of the action taken, you shall promptly reimburse us for such part of the deductible amount as has been paid by us. S. ELECTRONIC DATA LIABILITY COVERAGE 1. Exclusion 2.p. Electronic Data of SECTION 1, COVERAGE A, is deleted and replaced with the following: 2.p. Damages arising out of the loss of, loss of use of, damage to, corruption of, inability to access, or inability to manipulate "electronic data" that does not result from physical injury to tangible property. 2. The following definition is added to SECTION V— DEFINITIONS: "Electronic data" means information, facts or programs stored as or on, created or used on, or transmitted to or from computer software (including systems and applications software), hard or floppy disks, CD-ROMS, tapes, drives, cells, data processing devices or any other media which are used with electronically controlled equipment. 3. For the purposes of this coverage, the definition of "property damage" in SECTION V — DEFINITIONS is replaced by the following: "Property damage" means: a. Physical injury to tangible property, including all resulting loss of use of that properly. All such loss of use shall be deemed to occur at the time of the physical injury that caused it; b. Loss of use of tangible property that is not physically injured. All such loss of use shall be deemed to occur at the time of the 'occurrence" that caused it; or C. Loss of, loss of use of, damage to, corruption of, inability to access, or inability to properly manipulate "electronic data", resulting from physical injury to tangible property. All such loss of "electronic data" shall be deemed to occur at the time of the 'occurrence" that caused it. For the purposes of this insurance, "electronic data" is not tangible property. T. CONSOLIDATED INSURANCE PROGRAM RESIDUAL LIABILITY COVERAGE With respect to "bodily injury", "property damage", or `personal and advertising injury" arising out of your ongoing operations; or operations included within the "products -completed operations hazard", the policy to which this coverage is attached shall apply as excess insurance over coverage available to `you" under a Consolidated Insurance Program (such as an Owner Controlled Insurance Program or Contractors Controlled Insurance Program). Coverage afforded by this endorsement does not apply to any Consolidated Insurance Program involving a "residential project" or any deductible or insured retention, specified in the Consolidated Insurance Program. The following is added to Section V — Definitions "Residential project" means any project where 30% or more of the total square foot area of the structures on the project is used or is intended to be used for human residency. This includes but is not limited to single or multifamily housing, apartments, condominiums, townhouses, co-operatives or planned unit developments and appurtenant structures (including pools, hot tubs, detached garages, guest houses or any similar structures). A "residential project' does not include military owned housing, college/university owned housing or dormitories, long term care facilities, hotels, motels, hospitals or prisons. All other terms, provisions, exclusions and limitations of this policy apply. U. AUTOMATIC ADDITIONAL INSUREDS - MANAGERS OR LESSORS OR PREMISES SECTION 11 WHO IS AN INSURED is amended to include: Any person or organization with whom you agree in a written contract or written agreement to name as an additional insured but only with respect to liability arising out of the ownership, maintenance or use of that part of the premises, designated in the written contract or written agreement, that is leased to you and subject to the following additional exclusions: This insurance does not apply to: 1. Any "occurrence" which takes place after you cease to be a tenant in that premises. 2. Structural alterations, new construction or demolition operations performed by or on behalf of the additional insured listed in the written contract or written agreement. This insurance is excess of all other insurance available to the additional insured, whether primary, excess, contingent or on any other basis, unless the written contract requires this insurance to be primary. In that event, this insurance will be primary relative to insurance policy(s) which designate the additional insured as a Named Insured in the Declarations and we will not require contribution from such insurance if the written contract also requires that this insurance be non-contributory. But with respect to all other insurance under which the additional insured qualifies as an insured or additional insured, this insurance will be excess. V. AUTOMATIC ADDITIONAL INSUREDS — STATE OR GOVERNMENTAL AGENCY OR POLITICAL SUBDIVISIONS — PERMITS OR AUTHORIZATIONS SECTION 11 — WHO IS AN INSURED is amended to include any state or governmental agency or subdivision or political subdivision with whom you are required by written contract, ordinance, law or building code to name as an additional insured subject to the following provisions: This insurance applies only with respect to operations performed by you or on your behalf for which the state or governmental agency or subdivision or political subdivision has issued a permit or authorization. This insurance does not apply to: 1. "Bodily injury", "property damage" or "personal and advertising injury" arising out of operations performed for the federal government, state or municipality; or 2. "Bodily injury" or "property damage" included within the "products -completed operations hazard". This insurance is excess of all other insurance available to the additional insured, whether primary, excess, contingent or on any other basis, unless the written contract requires this insurance to be primary. In that event, this insurance will be primary relative to insurance policy(s) which designate the additional insured as a Named Insured in the Declarations and we will not require contribution from such insurance if the written contract also requires that this insurance be non-contributory. But with respect to all other insurance under which the additional insured qualifies as an insured or additional insured, this insurance will be excess. W. CONTRACTORS AUTOMATIC ADDITIONAL INSURED COVERAGE — COMPLETED OPERATIONS SECTION 11 — WHO IS AN INSURED is amended to include as an additional insured any person or organization who is required by written contract to be an additional insured on your policy for completed operations, but only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by "your work" at the project designated in the contract, performed for that additional insured and included in the "products -completed operations hazard". This insurance is excess of all other insurance available to the additional insured, whether primary, excess, contingent or on any other basis, unless the written contract requires this insurance to be primary. In that event, this insurance will be primary relative to insurance policy(s) which designate the additional insured as a Named Insured in the Declarations and we will not require contribution from such insurance if the written contract also requires that this insurance be non-contributory. But with respect to all other insurance under which the additional insured qualifies as an insured or additional insured, this insurance will be excess. X. ADDMONAL INSURED — ENGINEERS, ARCHITECTS OR SURVEYORS SECTION II — WHO IS AN INSURED is amended to include as an additional insured any architect, engineer or surveyor who is required by written contract to be an additional insured on your policy, but only with respect to liability for 'bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations performed by you or on your behalf. This includes such architect, engineer or surveyor, who may not be engaged by you, but is contractually required to be added as an additional insured to your policy. With respect to the insurance afforded to these additional insureds, the following additional exclusion applies: This insurance does not apply to "bodily injury', "property damage" or "personal and advertising injury' arising out of the rendering of or the failure to render any professional services, including: 1. The preparing, approving, or failing to prepare or approve maps, drawings, opinions, reports, surveys, change orders, designs or specifications; or 2. Supervisory, inspection or engineering services. This insurance is excess of all other insurance available to the additional insured, whether primary, excess, contingent or on any other basis, unless the written contract requires this insurance to be primary. In that event, this insurance will be primary relative to insurance policy(s) which designate the additional insured as a Named Insured in the Declarations and we will not require contribution from such insurance if the written contract also requires that this insurance be non-contributory. But with respect to all other insurance under which the additional insured qualifies as an insured or additional insured, this insurance will be excess. FblirY N rnber. CAP 3 596 589 AWO This enda5enert modifies insurance provided under the fdioning: Vd-10 IS AN Its is Charged to indude a$ an 'insured' the perscrt or organization named in tFrs end.men'ent. , the addhonal inu red is an 'Insured' cdy for 'bodly irguy' or' arising out of work or cperatiors perforr ed by you or on your behalf for the add ional inured and resulting from the o ip, n-drt grace or use of a "covered aLdo," by: 1. You, or 2 My of yam en•pioyees or agents; or a A Wne other than the additional insured or any errployee or agerl of the addticnal insured, vvtvie using Will your permission a cmeered "auto" you mwhire or borrow. ADDMONAL INSURED. Any person or organization for wham the named insured has agreed by written "insured contract" to designate as an additional insured subject to all the provisions and limitations of this policy. /,2931 (11199) I'ULIUY NUMBER: CAP MANUSCRIPT ENDORSEMENT THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED UNDER THE FOLLOWING. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US BUSINESS AUTO COVERAGE FORM This policy is changed as follows: The TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US condition does not apply to: Any person or organization for whom the named insured is operating under a written "insured contract" when such contract requires a waiver of subrogation. GOX-2287-BW (01/93) SCHEDULE OF FORMS AND ENDORSEMENTS NAMED INSURED BLOUNT CONSTRUCTION COMPANY, INC. POLICY NUMBER WC 3 596 595 GU 2368D (07/02) AUDIT INFORMATION GU -3021 (09/00) NOTICE GU -3076 (05/01) PRIVACY STATEMENT GU -4320 (05/04) ADVISORY NOTICE TO POLICYHOLDERS P419H (12/02) TO THE INSURED - INSTRUCTIONS FOR REPORTING WORKERS COMPENSATION CLAIMS RC -1382B (12/94) SAFETY SERVICES WC 2180 (07/90) NOTICE OF ELECTION TO ACCEPT OR REJECT AN INSURANCE DEDUCTIBLE FOR GEORGIA WORKERS' COMPENSATION BENEFITS WC 2248 (10/91) NOTICE OF ELECTION TO ACCEPT OR REJECT AN INSURANCE DEDUCTIBLE FOR ALABAMA WORKERS' COMPENSATION BENEFITS WC 2533 (08/96) NOTICE OF ELECTION TO ACCEPT OR REJECT AN INSURANCE DEDUCTIBLE FOR SOUTH CAROLINA WORKERS' COMPENSATION BENEFITS WC 2593 (04/97) NOTICE OF ELECTION TO ACCEPT OR REJECT AN INSURANCE DEDUCTIBLE FOR FLORIDA WORKERS COMPENSATION BENEFITS GU -4542 (05/12) POLICYHOLDER DISCLOSURE NOTICE OF TERRORISM INSURANCE COVERAGE WC 540f (01/93) WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY INFORMATION PAGE GOX-2278WK (12/92) SCHEDULE OF NAMED INSUREDS GOX-2278WK (12/92) SCHEDULE OF NAMED INSUREDS GOX 2279 (12/92) SCHEDULE OF FORMS AND ENDORSEMENTS WC 2308 (05/93) WORKERS COMPENSATION SCHEDULE WC 2308 (05/93) WORKERS COMPENSATION SCHEDULE WC 2308 (05/93) WORKERS COMPENSATION SCHEDULE WC 2308 (05/93) WORKERS COMPENSATION SCHEDULE WC 2308 (05/93) WORKERS COMPENSATION SCHEDULE WC 2308 (05/93) WORKERS COMPENSATION SCHEDULE WC 2308 (05/93) WORKERS COMPENSATION SCHEDULE WC 2308 (05/93) WORKERS COMPENSATION SCHEDULE WC DO 00 OOB (07/11) WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY MAN -WK (01/93) MANUSCRIPT ENDORSEMENT MAN -WK (01/93) MANUSCRIPT ENDORSEMENT MAN -WK (01/93) MANUSCRIPT ENDORSEMENT WC 00 03 13 (04/84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT WC 00 04 04 (04/84) PENDING RATE CHANGE ENDORSEMENT WC 00 04 06 (03/85) PREMIUM DISCOUNT ENDORSEMENT WC 00 04 21C (09/08) CATASTROPHE (OTHER THAN CERTIFIED ACTS OF TERRORISM) PREMIUM ENDORSEMENT WC 00 04 22A (09/08) TERRORISM RISK INSURANCE PROGRAM REAUTHORIZATION ACT DISCLOSURE ENDORSEMENT WC 00 06 03 (02/91) BENEFITS DEDUCTIBLE ENDORSEMENT WC 09 04 03A (01/08) FLORIDA TERRORISM RISK INSURANCE PROGRAM REAUTHORIZATION ACT ENDORSEMENT WC 09 06 05 (07/90) FLORIDA BENEFITS DEDUCTIBLE ENDORSEMENT WC 10 06 02 (07/90) GEORGIA BENEFITS DEDUCTIBLE ENDORSEMENT WC 00 01 14 (01/14) NOTIFICATION ENDORSEMENT OF PENDING LAW CHANGE TO TERRORISM RISK INSURANCE PROGRAM REAUTHORIZATION ACT OF 2007 WC 00 03 02 (04/84) DESIGNATED WORKPLACE EXCLUSION ENDORSEMENT WC 00 04 03 (04/84) EXPERIENCE RATING MODIFICATION FACTOR ENDORSEMENT WC 00 04 14 (07/90) NOTIFICATION OF CHANGE IN OWNERSHIP ENDORSEMENT WC 00 04 19 (01/01) PREMIUM DUE DATE ENDORSEMENT WC 09 04 07 (07/13) FLORIDA NON-COOPERATION WITH PREMIUM AUDIT ENDORSEMENT WC 10 04 02 (01/13) GEORGIA NON-COOPERATION WITH PREMIUM AUDIT ENDORSEMENT GOX-2279 (12/92) SCHEDULE OF FORMS AND NAMED BLOUNT CONSTRUCTION COMPANY, INC. IWC 3 596 595 WC 10 06 01A (04/93) GEORGIA CANCELATION, NONRENEWAL AND CHANGE ENDORSEMENT WC 32 03 01B (10/01) NORTH CAROLINA AMENDED COVERAGE ENDORSEMENT WC 41 04 02 (08/03) TENNESSEE PENDING LOSS COST AND ASSIGNED RISK RATE ENDORSEMENT WC 99 06 07 (01/14) FLORIDA NOTICE OF PENDING LAW CHANGE TO TERRORISM RISK INSURANCE PROGRAM REAUTHORIZATION ACT OF 2007 GOX-2287CN (01/93) MANUSCRIPT ENDORSEMENT GOX-2279 (12/92) WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT WC 00 0313 (Ed. 4-84) 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 form us.) This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule ANY PERSON OR ORGANIZATION FOR WHOM THE NAMED INSURED IS .OPERATING UNDER A WRITTEN "INSURED CONTRACT" WHEN SUCH CONTRACT REQUIRES A WAIVER OF SUBROGATION. 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 Policy No. Endorsement No. Insured Premium $ Insurance Company Countersigned by WC 00 0313 Ed. 4-84 Hart Fame s servioes Copyright 1983 National Council on Compensation Insurance. Reorder No. 14-400 C "T2.01/13/14MTUU0330252-05 ORIGINAL COPY 0263684 GREAT AMERICAN INSURANCE CO Administrative offices 301 E 4th Street GAI 6003 GREAT Cincinnati, Ohio 45202-4201 ( Ed . 06 97 ) A1G4ERICAN Tel: 1-513-369-5000 INSIINAMCE 6N 0IR SCHEDULE A - SCHEDULE OF UMERLY I NG INSURANCE Carrier, Policy Number and Period Type of Coverage Limits of Insurance a) BITUMINOUS CASUALTY Employers Liability Bodily Injury By Accident CORPORATION POLICY: T.B.D. $ 1,000,000. each accident 1/1 /14 TO 1 /1115 Bodily Injury By Disease $ 1,000,000. policy limit $ 1,000,000, each employee b) BITUMINOUS CASUALTY Automobile/Garage ( ) Split Limit CORPORATION POLICY: T.B.D. i X ! Any Automobile Bodily Injury Liability 1/1/14 TO 1/1/15 I 1 Owned Automobile $ each person Only $ each accident ( ! Specifically Designated Property, Damage Liability Automobile $ each accident ( } Hired Automobile ( X ) Combined Single Limit ( ) Non -owned Automobile s 1,000,000. each accident ( ! Garage Liability ( 1 Garage Operations ( X ! DEFENSE OUTSIDE $ Auto only THE LIMIT each accident $ Other than auto each accident $ Other than auto aggregate ( } Garagekespers Liability $ each location GAI 6003 (Ed. 06/97) PRO (Page 1 of 2) C *T2*01/13/14*T000330252-05 ORIGINAL COPY 0263684 GREAT AMERICAN INSURANCE CO Carrier, Policy Number and Period Type of Coverage Limits of Insurance c) ( ) Comprehensive ( ) Split Limit General Liability including Bodily Injury Liability ( ) Products-Complet- $ each occurrence ed Operation Liability aggregate ( ) Broad Form Property Damage Liability Endorsement $ each occurrence ( ) $ aggregate ( ) Combined Single Limit $ each occurrence $ aggregate OR OR OR ( X 3 Commercial $2,000,000. General Aggre- BITUMINOUS FIRE & General Liability gate Limit MARINE INSURANCE COMPANY ( X ) Occurrence Form $2,000,000. Products -Com - POLICY: T.B.D. plated Opera - 1/1/14 TO 1/1/15 ( 1 Claims -Made Form tion Aggre- gate Limit (X) DEFENSE OUTSIDE ( X ) GENERAL AGGREGATE THE LIMIT APPLIES PER $1,000,000. Personal and PROJECT Advertising Injury Limit Retroactive Date $1,000,000. Each Occurrence Limit d) BITUMINOUS FIRE & EMPLOYEE BENEFIT $1,000,000. EACH EMPLOYEE MARINE INSURANCE LIABILITY COMPANY $2,000,000. AGGREGATE POLICY: T.B.D. 1/1/14 TO 1/1/15 GAI 6003 (Ed, 06/97) PRO (Page 2 of 2) 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: eVerify Number Date of Authorization BLOUNT CONSTRUCTION COMPANY, INC. Name of Contractor CONCRETE WORK AT HOPEWELL MIDDLE SCHOOL BASEBALL FIELD 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: EXHIBIT "D" SUBCONTRACTOR AFFIDAVIT STATE OF GEORGIA CITY OF MILTON By executing this affidavit, the undersigned subcontractor verifies its compliance with O.C.G.A. § 13-10-91, stating affirmatively that the individual, firm or corporation which is engaged in the physical performance of services under a contract with BLOUNT CONSTRUCTION COMPANY, 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 CONCRETE WORK AT HOPEWELL MIDDLE SCHOOL BASEBALL FIELD 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" DESIGN DRAWING Sl (See next page) HOME OF ' F5TAI3LISHFD 2706 CITY COUNCIL AGENDA ITEM TO: City Council DATE: October 16, 2014 FROM: City Manager AGENDA ITEM: Approval of a Professional Services Agreement between the City of Milton and Designsensory, Inc. to Produce a City of Milton Web site. MEETING DATE: Monday, October 20, 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 REVIEWREQUIRED: YES () NO APPROVAL BY CITY ATTORNEY �APPROVED () NOT APPROVED PLACED ON AGENDA FOR. 10 'L t 4 REMARKS 11 -* yaufn*** PHONE: 678.242.25001 FAX: 678.242.2499ml Green � ; C•mt+�3* °'.1U0 (l[Y f info@cityofmiltonga.us I www.cityofmiitonga.us �rn_nuF, Community d Ethics f¢ 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 a ''0/0 To: Honorable Mayor and City Council Members From: Jason Wright, Director of Innovation and Engagement Date: Submitted on October 15, 2014 for the October 20, 2014 Regular Council Meeting Agenda Item: Approval of a Professional Services Agreement between the City of Milton and Designsensory, Inc. to Produce a City of Milton Web site. ______________________________________________________________________________ Department Recommendation: Approval. Executive Summary: In May the city’s communications department went to market with a request for qualifications to build a municipal Web site. Designsensory, Inc. won the bid process, which concluded in August. The reasons are four-fold: Innovation; user experience; client experience; and partnership potential. Funding and Fiscal Impact: Funding of $49,000 is budgeted. Alternatives: Denial; continuation of current Web provider. Legal Review: Paul Higbee – Jarrard & Davis (10/15/2014) Concurrent Review: Chris Lagerbloom, City Manager Attachment(s): Professional Services Agreement between the City of Milton and Designsensory, Inc. tiOME OF' NA I I TO N ft ESTABLIS I t ED 2006 PROFESSIONAL SERVICES AGREEMENT WEBSITE SERVICES 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 107F, Milton GA 30004 and Designsensory, Inc. ("Consultant") having its principle place of business at 1740 Commons Point Dr, Knoxville TN 37932. WHEREAS, the City issued a Request For Proposals (Milton Website Services), to solicit proposals for website services for; and WHEREAS, based upon Consultant's proposal to provide website services as required by the bid documents, the City has selected Consultant as the winning bidder, and WHEREAS, Consultant has agreed to perform such work as set forth in this Agreement, according to the terms and conditions provided in this Agreement; and WHEREAS, Consultant has familiarized itself with the nature and extent of the Contract Documents, the Project, and the Work, with all local conditions and federal, state and local laws, ordinances, rules and regulations in any manner that may affect cost, progress or performance of work, and Contractor is aware that he must be licensed to do business in the State of Georgia. NOW THEREFORE, the City and Consultant, in consideration of the mutual promises contained herein and other good and valuable consideration, the sufficiency of which is hereby acknowledged, agree as follows: 1.0 Contract Documents This Agreement and the following named Exhibits, attached hereto and incorporated herein by reference, constitute the "Contract Documents": EXHIBIT A REQUEST FOR BID/SCOPE OF WORK EXHIBIT B RESPONSE TO BID/FEE SCHEDULE EXHIBIT C INSURANCE CERTIFICATE EXHIBIT D CONSULTANT AFFIDAVIT EXHIBIT E SUBCONSULTANT AFFIDAVIT To the extent that there may be any conflict among the Contract Documents, the provision operating most to the benefit of the City shall govern. 2.0 Scope of Work; Compensation 2.1 The Consultant agrees to provide all Services specified in Exhibit "A" and Exhibit `B." No payments will be made for unauthorized work. Invoices should be submitted to Honor Motes, 13000 Deerfield Parkway, Ste 107F, 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 $48,000 (the "Contract Price") for the following tasks without prior written approval from the City. Task 1- Design and Hosting Consultation Task 2- Content Scrubbing Task 3- Website Design Task 4- Scrubbed Content Migration 2.3 Consultant shall take no calculated risk in the performance of the Work. Specifically, Consultant agrees that in the event it cannot perform the Work within the budgetary limitations established without disregarding sound principles of Consultant's industry, Consultant will give written notice thereof immediately to the City. 2.4 The City reserves the right to order changes in the Work to be performed under this Agreement by altering, adding to, or deducting from the Work. All such changes shall be incorporated in written change orders executed by the Consultant and the City. Such change orders shall specify the changes ordered and any necessary adjustment of compensation and completion time. If the Parties cannot reach an agreement on the terms for performing the changed work within a reasonable time to avoid delay or other unfavorable impacts as determined by the City in its sole discretion, the City shall have the right to determine reasonable terms and the Consultant shall proceed with the changed work. 2.5 Any work added to the scope of this Agreement by a change order shall be executed under all the applicable conditions of this Agreement. No claim for additional compensation or extension of time shall be recognized, unless contained in a written change order duly executed on behalf of the City and the Consultant. 2.6 The City Manager has authority to execute without further action of the Milton City Council, any number of change orders so long as their total effect does not materially alter the terms of this Agreement or materially increase the total amount to be paid under this Agreement. Any such change orders materially altering the terms of this Agreement or increasing the total amount to be paid under this Agreement in excess of $25,000, must be approved by resolution of the Milton City Council. 2 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 agrees, to the fullest extent permitted by law, to indemnify and hold harmless the City against damages, liabilities and costs arising from the negligent or willful acts of Consultant in the performance of professional services under this Agreement, to the extent that Consultant is responsible for such damages, liabilities and costs on a comparative basis of fault and responsibility between the Consultant and the City. Consultant shall defend, indemnify and hold harmless the City, its officers, boards, commissions, elected and appointed officials, employees and agents from and against 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. 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. In no event shall the Consultant be obligated to indemnify the City for the City's own negligence. 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. E (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, 5 reduced in coverage or in limits except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. (ii) Policies shall have concurrent starting and ending dates. (iii) Policies shall include an endorsement incorporating the Indemnification obligations assumed by the Contractor under the terms of this Agreement, including but not limited to Section 4 of this Agreement. (5) Acceptability of Insurers: Insurance is to be placed with insurers with an A.M. Bests' rating of no less than ANII. (6) Verification of Coverage: Consultant shall furnish the City with certificates of insurance and endorsements to the policies evidencing coverage required by this clause prior to the start of work. The certificates of insurance and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificate of insurance and endorsements shall be on a form utilized by Consultant's insurer in its normal course of business and shall be received and approved by the City prior to execution of this Agreement by the City. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. The Consultant shall provide proof that any expiring coverage has been renewed or replaced at least two (2) weeks prior to the expiration of the coverage. (7) Sub -consultants: Consultant shall include all sub -consultants as insured under its policies or shall furnish separate certificates and endorsements for each sub -consultant. All coverage for sub -consultants shall be subject to all of the requirements stated in this Agreement, including but not limited to naming the parties as additional insured. (8) Claims -Made Policies: Consultant shall extend any claims -made insurance policy for at least six (6) years after termination or final payment under the Agreement, whichever is later. (9) City as Additional Insured and Loss Payee: The City shall be named as an additional insured and loss payee on all policies required by this Agreement. R1 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 of each year, 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, shall automatically renew on January 1 of the following year until the term of the Agreement has been satisfied. The City may also 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: Designsensory, Inc. Attn: Joseph Nother 1740 Commons Point Dr Knoxville, TN 37932 8 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 Contractor shall provide evidence on City -provided forms, attached hereto as Exhibits "D" and "E" (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 (`BEV" 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 "D", and submitted such affidavit to City or provided the City with evidence that it is not required to provide such an affidavit because it is licensed and in good standing as noted in subsection (2) above. Further, Contractor hereby agrees to comply with the requirements of the federal Immigration Reform and Control Act of 1986 (IRCA), P.L. 99-603, O.C.G.A. § 13-10-91 and Rule 300-10-1-.02. In the event the Contractor employs or contracts with any subcontractor(s) in connection with the covered contract, the Contractor agrees to secure from such subcontractor(s) attestation of the subcontractor's compliance with O.C.G.A. § 13-10-91 and Rule 300-10-1-.02 by the subcontractor's execution of the subcontractor affidavit, the form of which is attached hereto as Exhibit `B", which subcontractor affidavit shall become part of the contractor/subcontractor E 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. 10 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. 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] 11 Designsensory, Inc.: Signature Print Name Title SIGNED, SEALED, AND DELIVERED [AFFIX CORPORATE SEAL] In the presence of: Witness (Corporate Secretary should attest) Print Name Notary Public [NOTARY SEAL] My Commission Expires: MILTON CITY COUNCIL: Joe Lockwood, Mayor [CITY SEAL] SIGNED, SEALED, AND DELIVERED In the presence of: Witness Notary Public [NOTARY SEAL] My Commission Expires: 12 EXHIBIT "A" REQUEST FOR BID/SCOPE OF WORK Task 1 - Design and Hosting Consultation • Consult with the City of Milton regarding: branding and design options; streamlining of content; and ease of use for residents, business owners and visitors of all levels of expertise. • Establish timeline with specific deliverables tied to project milestones. • Agree upon overall vision for brand/site/user experience; agree upon parameters of project. • Develop functionality/features/navigation to enhance the end user (consumer) experience in line with the agreed upon vision. Visualization of data utilizing animations, real-time feedback, and transparency of operations are key to Milton's vision for the Web site. • Provide an easy and reliable back -end user (staff) experience. Various staff members should be able to maintain site with nominal training. CMS should be robust enough to grow with the city and operate with new technologies as they become available. Task 2 - Content Scrubbing • Scrub existing content to maximize readability and visual appeal; combine unnecessary pages and streamline navigation across the site. • Delete content as necessary that has become old. Refine content that is difficult to understand or cumbersome. • Develop innovative and/or interesting ways to display content/information/maps/forms/interactive elements. Task 3 — Web site functionality • Include in landing page: o Long-term projects and community issues • Bell Park Memorial Project ■ City Hall project ■ Road work • Conservation efforts (rezoning, etc.) ■ Upcoming festivals, events o An "in the news" or "in the spotlight" section for regular stories with short shelf life o Calendar with functionality for both city and community events o Widgets for: ■ Parks and recreation ■ Citizen reporting ■ Payments/services ■ Emergency alerts/news ■ Volunteer ■ Public safety ■ City laws ■ Bids/legal notices/city business Integrate more online collaboration capabilities between the city and residents (ex: addition of a moderated forum) Provide options for powerful multimedia interior pages capable of serving as own landing page (i.e. Crabapple Fest Web site, Bell Memorial Park Vlog site, etc.) Provide user profile option for analytic dashboards and interaction on moderated forums. Task 4 — Migration/Launch • Migrate all scrubbed content to site. • Test site prior to launch • Launch site with periodic follow ups and maintenance as outlined in initial project timeline during consultation. • After launch, maintain positive working relationship with the City of Milton to ensure site stability. EXHIBIT "B" RESPONSE TO BID/FEE SCHEDULE Initial Cost $48,000.00 Yearly Maintenance — $ 3,600.00 ($300/month) *only as needed Extra Bandwidth Charge $ 0.00 Training Misc Charges $ 840.00 annual hosting EXHIBIT "C" INSURANCE CERTIFICATE EXHIBIT "D" CONTRACTOR AFFIDAVIT AND AGREEMENT STATE OF GEORGIA CITY OF MILTON By executing this affidavit, the undersigned contractor verifies its compliance with O.C.G.A. § 13-10-91, stating affirmatively that the individual, firm, or corporation which is engaged in the physical performance of services on behalf of the City of Milton has registered with, is authorized to use and uses the federal work authorization program commonly known as E - Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91. Furthermore, the undersigned contractor will continue to use the federal work authorization program throughout the contract period and the undersigned contractor will contract for the physical performance of services in satisfaction of such contract only with subcontractors who present an affidavit to the contractor with the information required by O.C.G.A. § 13-10-91(b). Contractor hereby attests that its federal work authorization user identification number and date of authorization are as follows: eVerify Number Date of Authorization Desi nsenso ,Inc. Name of Contractor Website 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: EXHIBIT "E" SUBCONTRACTOR AFFIDAVIT STATE OF GEORGIA CITY OF MILTON By executing this affidavit, the undersigned subcontractor verifies its compliance with O.C.G.A. § 13-10-91, stating affirmatively that the individual, firm or corporation which is engaged in the physical performance of services under a contract with Designsensory, 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 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: HOME OF'HE BEST QUALITY OF IFE IN GEOR'= I LT 0 N FS'rABLISHED 2.006 CITY OF MILTON REQUEST FOR PROPOSALS (THIS IS NOT AN ORDER) RFP Number: RFP Title: 14 -COI FY14 Website Services Due Date and Time: Department July 29, 2014 Number of Pages: 30 Local Time: 2:00pm Milton, Ga. 30004 ISSUING DEPARTMENT INFORMATION Issue Date: June 23, 2014 City of Milton Communications Phone: 678-242-2500 Department Fax: 678-242-2499 13000 Deerfield Pkwy, Suite 107G Website: www.citvofmiltonga.us Milton, Ga. 30004 Deadline for Written Questions INSTRUCTIONS TO SUBMITTERS Return Proposals to: Mark Face of Envelope/Package: Submitter Phone Number: RFP Number: 14-CO1 City of Milton Name of Company or Firm Attn: Rick Pearce, Special Instructions: Purchasing Office Deadline for Written Questions 13000 Deerfield Pkwy Suite 107G July 14, 2014 Email questions to Jason Wright at Milton, Ga. 30004 jason.wright@cityofmiltonga.us IMPORTANT: SEE STANDARD TERMS AND CONDITIONS SUBMITTERS MUST COMPLETE THE FOLLOWING Submitter Name/Address: Authorized Submitter Signatory: (Please print name and sign in ink) Submitter Phone Number: Submitter FAX Number: Submitter Federal I.D. Number: Submitter E-mail Address: SUBMITTERS MUST RETURN THIS COVER SHEET WITH RFP RESPONSE 9110Youim *** PHONE: 678.242.25001 FAX: 678.242.2499 treen 7 *Cv,dficd fi� 9 I www.cityofmiltonga.us *-41 Community * City of info@ci ofmilton a.us www.ci ofmilton a.us � ",hi,, ,f 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 "'g'_a"F 2� TABLE OF CONTENTS Submitter's RFP Checklist Disclosure Form Schedule of Events Section 1: Project Overview and Instructions Section 2: RFP Standard Information Section 3: Scope of Project/Requirements Section 4: Submitter Proposals Section 5: Cost Proposal Section 6: Evaluation Criteria Section 7: Standard Contract Information Standard Contract E -Verify Affidavit (Attachment A) 3� RFP SUBMITAL 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. Attend the pre -Proposals 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. 3. Take advantage of the "question and answer" period. Submit your questions to the Point of Contact 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://ssl.doas.state.ga.us/PRSapp/PR_index.jsp and on the City's website at http://www.cityofmiltonga.u,s will include all questions asked and answered concerning the RFP. 4. 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. 5. Provide complete answers/descriptions. Read and answer all questions and requirements. Don't assume the City or evaluation committee will know what your company capabilities are or what items/services you can provide, even if you have previously contracted with the City. The submittals are evaluated based solely on the information and materials provided in your response. 6. Use the forms provided, i.e., cover page, sample budget form, certification forms, etc. 7. 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. 8 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. 9. 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 Submitter's Response. 41RF'i4-COi HOME OF' M=1-L,T0N*kS CITY OF MILTON DISCLOSURE FORM MUST BE RETURNED WITH PROPOSALS 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 Submitter 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 14-001 HOME OF' FBEST QUALITY OF LIFE IN GEORGIA' M I LTON*k FSTABLISHM 2007 SCHEDULE OF EVENTS EVENT RFP Issue Date Deadline for Receipt of Written Questions Posting of Written Answers by City to Websites RFP DUE DATE June 23, 2014 5 PM on July 14, 2014 on or about July 18, 2014 No Later than 2 PM on July 29, 2014 NOTE: PLEASE CHECK THE CITY WEBSITE (http://www.cityofmiltonga.us) OR THE DOAS WEBSITE (http://ssi.doas.state.ga.us/PRSapp/PR_index.jsp) FOR ADDENDA AND SCHEDULE UPDATES. 6 1 RFP 14 -CGI SECTION 1: PROJECT OVERVIEW AND INSTRUCTIONS 1.0 BACKGROUND AND STATEMENT OF INTENT The City of Milton (City) is looking to identify and select a vendor who will work with the City staff and deliver a Website that meets the specifications outlined in the scope of work. The budget for this project is $49,000. The four overall goals outlined for this project include: • Produce an award-winning, easy-to-use website that is simple, beautiful, and intuitive. • Position www.cityofmiltonga.us as the primary portal for information concerning the City of Milton. • Reduce call volume, meeting frequency, and in-person traffic by providing easier access to information online. • Provide a mechanism for residents and business to apply and pay for any service that is allowed to, by law, online. 1.1 SINGLE POINT OF CONTACT From the date this Request for Proposals (RFP) is issued until a Submitter is selected, Submitters are not allowed to communicate with any City staff or elected officials regarding this procurement, except at the direction of Jason Wright. Any unauthorized contact may disqualify the Submitter from further consideration. Contact information for the single point of contact is as follows: Point of Contact: Jason Wright Address: 13000 Deerfield Parkway, Suite 107G, Milton, GA 30004 Telephone Number: 678-242-2523 E-mail Address: jason.wright@cityofmiltonga.us 1.2 REQUIRED REVIEW A. Review RFP. Submitters 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. Submitters with questions or requiring clarification or interpretation of any section within this RFP must submit their questions in writing via email to the procurement office (Jason Wright) referenced above on or before 5 PM on July 14, 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 July 18, 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 7� 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. Submitters must sign and return any addendum with their RFP response. D. Standard Contract. By submitting a response to this RFP, Submitter 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 by the date for receipt of written/e-mailed questions or with the Submitter'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 Submitter'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 Submitter 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 Submitters submitting a response to this RFP. E. Mandatory Requirements. To be eligible for consideration, a Submitter must meet the intent of all mandatory requirements. The City will determine whether a Submitter'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 SUBMITTING PROPOSALS Submitters must organize their Proposals into the following format: A. Submittal Requirements. Proposals shall include the following: L City of Milton request for qualification cover page (information entered and signed: first page of this document) 2. City of Milton Disclosure form (signed) 3. Proposals shall be: -Maximum of twenty 20 single sided pages (ten pages if double -sided) -Minimum of 11 point font -Stapled or spiral -bound. No binders And shall contain the following minimum information: a. Cover letter - introductory remarks and qualification summary - no longer than two pages. b. Include a brief history of your firm and of any proposed subcontractors. Describe the role of each firm and their anticipated level of participation in this project. Identify those individuals from each firm 8� that would be assigned to this project and their role and anticipated level of involvement. c. Description of past and current projects or contracts similar to this project, including the degree of involvement of your firm and/or personnel assigned to the project. Highlight those projects on which the primary and any subcontractors have worked together. It should be clear to the city that the key personnel, rather than the firm, identified for this project have similar project experience. d. Work Plan. Describe how you are going to meet the requirements in the Scope of Project. e. Include names, titles, and all contact information for clients for whom your firm and subcontractors have performed similar work. Provider must have at least five years of experience producing disaster -resistant, award-winning municipal or county Websites. £ Applicable Addenda Acknowledgement Forms (if necessary) - not included in the 20 page maximum. g. Cost Proposal (See Section 5) - not included in the 20 page maximum. h. E -Verify Affidavit (Attachment A) - not included in the 20 page maximum. Pursuant to Georgia law, City contractors engaging in the physical performance of services, wherein the labor or services exceed $2,499.99, must register and participate in the Federal work authorization program operated by the United States Department of Homeland Security, currently known as E -Verify, unless the contractor provides evidence that it is licensed pursuant to Title 26 or Title 43 or by the State Bar of Georgia and that it is in good standing. Before a bid for any such contract is considered by the City, the bid must include a signed, notarized affidavit evidencing compliance with E -Verify, a form of which is attached, or 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. B. Failure to Comply with Instructions. Submitters 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. 9� C. Copies Required and Deadline for Receipt of Proposals One original and two (2) copies of each Proposal (plus a CD) must be sealed and delivered to the City. Proposals must be received at the receptionist's desk in Suite 107G prior to 2:00 PM, local time, July 29, 2014. Emailed responses to requests for Proposals are not acceptable. Proposals will be opened at approximately 2:05 pm in the courthouse (107E) and names of Submitters 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 Submitter'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 Submitter at the expense of the Submitter or destroyed if requested. 1.5 SUBMITTER'S CERTIFICATION A. Understanding of Specifications and Requirements By submitting a response to this RFP, Submitter agrees to an understanding of and compliance with the specifications and requirements described in this RFP. 1.6 COST OF PREPARING PROPOSALS A. City Not Responsible for Preparation Costs. The costs for developing and delivering responses to this RFP and any subsequent presentations of the qualification as requested by the City are entirely the responsibility of the Submitter. The City is not liable for any expense incurred by the Submitter in the preparation and presentation of their Proposals. 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 Submitter resulting from this RFP process. 10 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 SUBMITTER COMPETITION The City encourages free and open competition among Submitters. 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 Submitter; and (4) other constitutional protections. B. Procurement Officer Review of Proposals. Upon opening the submittals 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 submittal. 2. An affidavit from a Submitter's legal counsel attesting to and explaining the validity of the trade secret claim is attached to each submittal 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. Submitters 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; or the qualification is not within the specifications described and required in the RFP. If a qualification is found to be nonresponsive, it will not be considered further. B. Determination of Responsibility. The procurement office will determine if a Submitter 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 Submitter or, if necessary, to seek discussion/negotiation in order to determine the highest scoring Submitter. 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. 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 Submitter's Proposals 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 Submitters outside the formal response or subsequent discussion/negotiation, if requested, will not be considered, will have no bearing on any award, and may result in the Submitter 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 Submitters should clarification or negotiation be necessary. Submitters 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, Submitters should be prepared to send qualified personnel to Milton, Georgia to discuss technical and contractual aspects of the submittal. Oral presentations and product demonstrations, if requested, shall be at the Submitter'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 submitter if additional information is required to make a final decision. Submitters 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 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 Submitter 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. L Contract Negotiation. The procurement officer and/or city department representatives may begin contract negotiation with the responsive and responsible Submitter whose submittal achieves the highest score and is, therefore, the most advantageous to the City. If contract negotiation is unsuccessful or the highest scoring Submitter 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 Submitter. J. Contract Award. Contract award, if any, will be made to the highest scoring Submitter 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 submittal, 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< SECTION 3: SCOPE OF PROJECT/REQUIREMENTS Website Services Requirements: • Provider must have at least five years of experience producing disaster -resistant, award- winning municipal or county Websites • Provider must currently offer a successful web -based content management system built exclusively for municipal or county governments. • Provider must secure data transfer encryption for users and a database accessible to city staff capable of producing fully compliant open records requests. • Provider must ensure cross -browser compatibility (between the popular options such as IE, Firefox, Safari, Chrome, etc.) of all Website functions. • Provider must be able to deliver content to mobile devices operating on different platforms (i.e., iOS, Blackberry, Android, Windows Mobile) using a responsive website design. • Provider must meet all Americans with Disabilities Act (ADA) Requirements and all Federally mandated access requirements adopted by the Federal access Board under section 508 subsection 1194.22 of the Rehabilitation Act. • Various levels of expertise must be able to consistently and easily find and use information on the city's Website with minimal click-throughs or drill -downs. This includes developing functionality/features/navigation to enhance the end user (consumer) experience. • Provide an online mechanism for residents and businesses to apply and pay for any service we are allowed to offer online by law. • A front page that contains: o Long-term projects and community issues. Examples include: ■ Parks and Recreation Projects ■ City Hall projects ■ Road work ■ Conservation efforts (rezoning, etc.) ■ Upcoming festivals, events ■ Bids o An "in the news" or "in the spotlight" section. o Widgets for: ■ Parks and Recreation ■ Citizen reporting ■ Payments/services ■ Emergency alerts/news ■ Volunteer ■ Public safety ■ City laws ■ Bids/legal notices/city business o Calendar should contain multiple images for community vs. city items 14 Utilize a Content Management System that allows multiple users of varying knowledge levels to easily maintain and run the municipal Website. The CMS should be robust enough to grow with the city and operate with new technologies as they become available. 15 SECTION 4: SUBMITTER PROPOSALS 4.0 CITY'S RIGHT TO INVESTIGATE The City may make such investigations as deemed necessary to determine the ability of the Submitter to provide the supplies and/or perform the services specified. 4.1 SUBMITTER 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. 16 1 RIFP 14 -CO -1 SECTION 5: COST PROPOSAL HOME OF ' M I LJ -0N ESTABLISHED 2006 MUST BE RETURNED WITH PROPOSAL FY14 Website Services 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. While fee is an important criterion, a fee skewed unusually low or high relative to the other proposals, or a Consultant's failure to demonstrate the fee is adequate for the required work may result in a reduction in score. Total Price $ Print Total Price in Words Print/Type Company Name Here: Authorized Signature Print/Type Name Print/Type Title, Date 17 1 SECTION 6: EVALUATION CRITERIA 6.0 EVALUATION CRITERIA The evaluation committee will review and evaluate the offers according to the following criteria: Proposals not meeting the minimum technical requirements and those who are non- responsive will not be considered. 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 • Project approach • Public involvement • Project innovations • Schedule 20 pts. Related Projects and References 30 pts. • Experience and technical competence on similar projects • Previous experience with City of Milton • Previous experience as a design team • Quality of the final work products • Ability to meet schedules Price (Section 5) 25 pts. SECTION 7: STANDARD CONTRACT INFORMATION 6.0 STANDARD CONTRACT The City's standard contract is attached to this document as Appendix A. Submitter should notify the City of any terms within the standard contract that preclude them from responding to the RFP. This notification must be made by the deadline for receipt of written/e-mailed questions or with the Submitter'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 Submitter at the time of contract negotiation. 6.1 ADDITIONAL CONTRACT PROVISIONS AND TERMS This RFP and any addenda, the Submitter'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 Submitter. The contract language contained in Appendix A does not define the total extent of the contract language that may be negotiated. In the event of a dispute as to the duties and responsibilities of the parties under this contract, the contract, along with any attachments prepared by the City, will govern in the same order of precedence as listed in the contract. 6.2 SUBCONTRACTOR The highest scoring Submitter will be the prime Submitter 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 Proposals. The City reserves the right to approve all subcontractors. The Submitter 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 Submitter. 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. 6.3 GENERAL INSURANCE REQUIREMENTS See sample contract. 6.4 COMPLIANCE WITH WORKERS' COMPENSATION ACT The Submitter 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 Submitter 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. 19 1 6.5 COMPLIANCE WITH LAWS The Submitter must, in performance of work under this contract, fully comply with all applicable 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 Submitter subjects subcontractors to the same provision. The Submitter agrees that the hiring of persons to perform the contract will be made on the basis of merit and Proposals 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. 6.6 CONTRACT TERMINATION See sample contract. 20 1 - - ., STANDARD CONTRACT Included for Reference Only City reserves the right to make changes to this contract PROFESSIONAL SERVICES AGREEMENT 14 -COI This Agreement made and entered into this day of , in the year 2013, by and between The City of Milton, Georgia (sometimes referred to herein as the "City'), having its principle place of business at 13000 Deerfield Parkway Suite 107G, Milton GA 30004 and X,L'IXX ("Submitter') having its principle place of business at XXXXXX. WHEREAS, the City issued a Request for Proposals (14-PWI XXXXX), to solicit firms to provide design services; and WHEREAS, based upon Submitter's bid to provide XXXX services as required by the bid documents, the City has selected Submitter as the winning bidder; and WHEREAS, Submitter has agreed to perform such work as set forth in this Agreement, according to the terms and conditions provided in this Agreement; and WHEREAS, Submitter 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 Submitter is aware that he must be licensed to do business in the State of Georgia. NOW THEREFORE, the City and Submitter, 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": EXHIBITA SCOPE OF WORK/REOUEST FOR PROPOSALS EXHIBIT B FEE SCHEDULE/RESPONSE TO RFP EXHIBIT C INSURANCE CERTIFICATE EXHIBIT D SUBMITTER AFFIDAVIT EXHIBIT E SUBSUBMITTER AFFIDAVIT EXHIBIT F SA VE AFFIDA VIT 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 Submitter agrees to provide all Services specified in Exhibit "A. " In addition to the tasks required by Exhibit "A" the Submitter shall provide a XX X. 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 Submitter for the services performed and costs incurred by Submitter 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 Submitter upon the City's receipt and approval of an invoice, submitted upon completion of the Work, setting 21 forth in detail the services performed and costs incurred. Invoices shall reflect charges incurred versus charges budgeted. The total amount paid under this Agreement for the Work shall not, in any case, exceed a fee of XKXXX (the "Contract Price'), without prior written approval from the City. Submitter shall take no calculated risk in the performance of the Work. Specifically, Submitter agrees that in the event it cannot perform the Work within the budgetary limitations established without disregarding sound principles of Submitter's industry, Submitter 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 Submitter and the City. Such change orders shall speck the changes ordered and any necessary adjustment of compensation and completion time. If the Parties cannot reach an agreement on the terms for performing the changed work within a reasonable time to avoid delay or other unfavorable impacts as determined by the City in its sole discretion, the City shall have the right to determine reasonable terms and the Submitter 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 recognized, unless contained in a written change order duly executed on behalf of the City and the Submitter. 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 tinder this Agreement in excess of $5,000, must be approved by resolution of the 1Liilton City Council. 3.0 Independent Contractor 3.1. The Submitter is an independent Contractor. The Submitter is not an employee, agent or representative of the City of Milton. The Submitter shall obtain and maintain, at the Submitter's expense, all permits, licenses or approvals that may be necessary for the performance of the services. 3.2 Inasmuch as the City of Milton and the Submitter 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 Submitter agrees not to represent itself as the City's agent for any purpose to any party or to allow any employee of the Submitter 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 Submitter shall assume full liability for any contracts or agreements the Submitter enters into on behalf of the City of Milton without the express knowledge andprior written consent of the City. 4.0 Indemnf cation The Submitter covenants and agrees to take and assume all responsibility for the services rendered in connection with this Agreement. The Submitter 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. Submitter 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 Submitter, any sub -Submitter, anyone directly or indirectly employed by the Submitter or sub -Submitter or anyone for whose acts the Submitter or sub - Submitter 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 Submitter, any sub - Submitter, anyone directly or indirectly employed by the Submitter or sub -Submitter or anyone for whose acts the Submitter or sub -Submitter 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 Submitter or any sub -Submitter 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. 22 5.0 Insurance (1) Requirements: The Submitter 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 Submitter, its agents, representatives, employees or sub -Contractors. 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 o Insurance: Submitter 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 Submitter'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 Submitter; products and completed operations of the Submitter; premises owned, leased or used by the Submitter; automobiles owned, leased, hired, or borrowed by the Submitter. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officials, employees, agents or volunteers. (ii) The Submitter'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 Submitter's insurance and shall not contribute with it. (iii) Any failure to comply with reportingprovisions of the policies shall not affect coverage provided to the City, its officials, employees, agents or volunteers. (iv) Coverage shall state that the Submitter'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 behaf' 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 Submitter 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 Submitter 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 23 J Submitter under the terms of this Agreement, including but not limited to Section 4 of this Agreement (5) Acceptabilityo Insurers: Insurance is to be placed with insurers with an A. M. Bests' rating of no less than A: VII. (6) Verification ofCoveLgge: Submitter 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 Submitter'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 Submitter 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 -Contractors: Submitter shall include all sub -Contractors as insured under its policies or shall furnish separate certificates and endorsements for each sub -Submitter. All coverage for sub -Contractors 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: Submitter 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. 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 Submitter at least thirty (30) days prior to December 31, 2012, shall automatically renew on January], 2013 to April], 2013. The City may terminate this Agreement upon a breach of any provision of this Agreement by Submitter and Submitter'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 Submitter. Title to any supplies, materials, equipment, or other personal property shall remain in the Submitter until fully paid by the City. 7.0 Compliance with All Laws and Licenses The Submitter must obtain all necessary licenses and comply with local, state and federal requirements. The Submitter shall comply with all laws, rules and regulations of any governmental entity pertaining to its performance under this Agreement. 8.0 Assignment The Submitter 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 Submitter Submitter 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 Submitter under this Agreement. 11.0 Governing Law 24 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 107G Milton, Georgia 30004 NOTICE TO THE SUBMITTER shall be sent to: Attn: 17.0 No Personal Liability No member, official or employee of the City shall be personally liable to the Submitter 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 Submitter or successor or on any obligation under the terms of this Agreement. Likewise, Submitter's performance of services under this Agreement shall not subject Submitter'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 Submitter or the City, respectively, and not against any employee, officer, director, or elected or appointed official. 18.0 Employment of Unauthorized Aliens Prohibited (1) E- Verify Affidavit It is the policy of the City of Milton that unauthorized aliens shall not be employed to perform work on City contracts involving the physical performance of services. Therefore, the City shall not enter into a contract for the physical performance of services within the State of Georgia unless: (1) the Contractor shall provide evidence on City provided forms, attached hereto as Exhibits "D" and "E" (affidavits regarding compliance with the E- Verify program to be sworn under oath under criminal penalty of false swearing pursuant to O.CG.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 25 .­ 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 "D ", and submitted such affidavit to City or provided the City with evidence that it is not required to provide such an affidavit because it is licensed and in good standing as noted in subsection (2) above. Further, Contractor hereby agrees to comply with the requirements of the federal Immigration Reform and Control Act of 1986 (IRCA), P.L. 99-603, O. C. G.A. § 13-10-91 and Rule 300-10-1-.02. In the event the Contractor employs or contracts with any subcontractor(s) in connection with the covered contract, the Contractor agrees to secure from such subcontractor(s) attestation of the subcontractor's compliance with O. C. G.A. § 13-10-91 and Rule 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 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 maybe 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.J 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 subcontractors ) 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 26 1990, 42 U. S. C. § 12132, and all other provisions of Federal law, the Submitter agrees that, during performance of this Agreement, Submitter, 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, Submitter 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 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. By: Its: President & CEO SIGNED, SEALED, AND DELIVERED in the presence of- Witness fWitness Notary Public [NOTARY SEAL] My Commission Expires: [AFFIX CORPORATE SEAL] CITY OF MILTON: ME Its: [CITY SEAL] 27 ( -"- EXHIBIT "A" SCOPE OF WORKIREQUEST FOR PROPOSALS EXHIBIT `B" FEE SCHEDULE/RESPONSE TO RFP EXHIBIT "C" INSURANCE CERTIFICATE 28 EXHIBIT "D" CONTRACTOR AFFIDAVIT AND AGREEMENT STATE OF GEORGIA CITY OF MIL TON 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.CG.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: eVerify Number Date ofAuthorization Name of Contractor 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 ofAuthorized 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: 29 EXHIBIT "E" SUBCONTRACTOR AFFIDAVIT STATE OF GEORGIA CITY OF MILTON By executing this affidavit, the undersigned subcontractor verifies its compliance with O.CG.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 Contractor Name 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.CG.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 f ve (5) business days of receipt. If the undersigned subcontractor receives notice that a sub -subcontractor has received an aff davit 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 ofAuthorization Name of Subcontractor Name of Project City of Milton Name of Public Employer End of sample contract 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 DAY OF 1201. NOTARY P UBLIC [NOTARY SEAL] My Commission Expires: 30 11 Attachment A 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: E -Verify Number Date of Authorization Name of Contractor 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 01. NOTARY PUBLIC [NOTARY SEAL] My Commission Expires: ACKNOWLEDGEMENT RECEIPT OF ADDENDUM #1 RFP 14-CO1 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(&cityofmiltonga.us I hereby acknowledge receipt of documents pertaining to the above referenced RFP. COMPANY NAME: CONTACT PERSON: ADDRESS: CITY: STATE: PHONE: FAX: EMAIL ADDRESS: Signature ADDENDUM #1 Date ZIP: RFP 14-001 Addendum #1 Page 1 of 7 Questions and Answers 1. What is the final deliverable? a) Is it a fully completed website, incorporating the entire inventory of content currently found on cityofmiltonga.us -or- b) Is it a fully fleshed out CMS Theme (with layout templates, custom content widgets and other functionality) allowing the staff to recreate the site within the new design. In this case only a minimal number of pages would be part of the deliverable. Answer: A fully completed Web site is the deliverable, including revisions to existing content. 2. How many unique pages does the cityofmiltonga.us site currently encompass? Answer: More than 300. 3. Please define your requirements for 'disaster -resistant'. Answer: Provider must furnish servers with daily back-ups in a separate location. Servers must have back-up generators. 4. What Browsers/versions and devices are you targeting? Answer: Internet Explorer, Safari, Firefox, Chrome; Apple, Android and Windows devices. City staff members are not experts at the numerous versions of browsers and devices currently in use across the city. However, it is expected that content should be responsive and function on virtually any browser or device. 5. What platform will the new site be running on? server, scripting language. Are you open to using PHP? Answer: Bidder should house site on its own server if possible. 6. Are you looking for a proprietary CMS, or have a preference? Are you willing to utilize either Concrete 5 or Drupal as a CMS? Answer: We are open to any CMS as long as it is robust enough to provide the functions outlined in the bid 7. How crucial is the 'online payment' feature to the scope of the project? Are you open to using third party payment solutions? Answer: We are open to third party solutions, provided they have a three-year history of use in a municipal setting. 8. Please provide information on your current technical team: size of team, level of expertise, involvement in this project, involvement updates and maintenance of the current site. RFP 14-001 Addendum #1 Page 2 of 7 Answer: The current site is administered by GovOffice. Two staffers use the CMS. One is proficient in HTML coding. They update the site daily. The staffers will both be heavily involved in the project. 9. Who will be responsible for the setup of the server environment that the site will be hosted on? Answer: The provider. 10. What is your timeline for launch? Answer: Between five and sixth months from the signing of contract. 11. List of Items, Schedule of Requirements, Scope of Work, Terms of Reference, Bill of Materials required. Answer: Please see bid. 12. Soft Copy of the Tender Document through email. Answer: An electronic copy of the bid is available i;e'e. 13. Names of countries that will be eligible to participate in this tender. Answer: Global companies are allowed to bid; however, they must have five years of service in an American municipal environment. 14. Information about the Tendering Procedure and Guidelines Answer: Please see bid. 15. Estimated Budget for this Purchase Answer: $49,000. 16. Any Extension of Bidding Deadline? Answer: Not currently. 17. Any Addendum or Pre Bid meeting Minutes? Answer: This constitutes the first Addendum. There were no Pre Bid meeting minutes. 18. Relating to Section 1:1.0: • When the City says, "Produce an award-winning, easy-to-use website that is simple, beautiful, and intuitive", is this expected to be a full rebranding project or does the City expect to use current branding and only wants a site revision? If this is expected to be a full rebranding project, shall we assume that the City expecting costs for such services to be included in the Submitter's Proposal? • When the City says, "Position www.cityofmiltonga.us as the primary portal for information concerning the City of Milton", is it referring to having the contractor provide web marketing services like RFP 14-CO1 Addendum #1 Page 3 of 7 social media and SEO? Is the City expecting costs for such services to be included in the Submitter's Proposal? • When the City says it want to use the new website to, "Reduce call volume, meeting frequency, and in-person traffic by providing easier access to information online", is it referring to having the contractor provide content development and a content promotion strategy? Is the City expecting costs for such services to be included in the Submitter's Proposal? Answer: The city will use current branding. It simply wants a more intuitive site and more robust CMS. All design services should be expected in cost proposal. The contractor should handle SEO. The city will handle social media and asks only that the site has standard social media functionality built in. Content development is expected. Promotion strategy is not. 19. Relating to SECTION 3: SCOPE OF PROJECT/REQUIREMENTS--Website Services Requirements: • When the City says, "Provider must have at least five years of experience producing disaster - resistant, award-winning municipal or county Websites", is the contractor to provide the disaster -resistant hosting environment for the website? If not, what disaster -resistant steps are going to be taken on the hosting environment? • The City requests that the contactor, "Utilize a Content Management System that allows multiple users of varying knowledge levels to easily maintain and run the municipal Website. The CMS should be robust enough to grow with the city and operate with new technologies as they become available", Is the cost of training your users to manage and use this platform expected to be built into the Submitter's Proposal? • When the City says, "Provide an online mechanism for residents and businesses to apply and pay for any service we are allowed to offer online by law", will users need to establish an account or login to manage payments with the City? Has the City already identified the payment platforms that will need to be integrated into the website or is the selected contractor expected to suggest alternatives? If so, what are the key features upon which the City would select such platforms or have them selected? Answer: Yes, provider should provide disaster resistant hosting environment. Yes, training costs should be built into proposal. The city currently uses ticketfastpay and municipalonlinepayments for municipal court and taxes, respectively. We expect the provider to offer a proprietary or third -party solution for other forms of business conducted online. The only requirement is that it integrates with current payment system software. 20. Encrypted database and open records requests (third bullet point) - do the open records requests require a specific reporting format in order to be fully compliant or does the database simply need to provide access to data? Does the city have a server to host the website and database or is the city of Milton RFP 14-CO1 Addendum #1 Page 4 of 7 expecting the provider to offer hosting services in addition to website design? If the city has an existing server, what are the hardware specifications and operating system of the server? Answer: The database must simply offer access to the data. Hosting services should be included in bid. The city will not host the site on its server. 21. Payment mechanisms (eighth bullet point) - does the city of Milton expect to have a fully functional payment system as part of this project or simply a mechanism which allows that functionality in the future? What processes and systems does the city of Milton currently have in place to receive and process payments? Answer: The city currently uses ticketfastpay and municipalonlinepayments for municipal court and taxes, respectively. We expect the provider to offer a proprietary or third -party solution for other forms of business conducted online we can use in the future. The only requirement is that it integrates with current payment system software. 22. What is the city's initial schedule for contract award and project completion? In other words, if awarded the contract, when does the city prefer work to begin and complete? Answer: Between five and sixth months from the signing of contract. 23. Section 1.4, A, 3, e - Can you please define "award winning" a bit more clearly? What would be some examples of acceptable awards? Answer: 3CMA Savvy Awards, National Association of Government Web Masters Awards, PRSA Anvil Awards 24. Section 3 - Can you specify the versions of Internet Explorer that must be supported? Is the list of mobile devices that must be supported the complete list, or are there other devices that should be included? Can you specify those devices and the OS versions of each that must be supported? Answer: We are targeting Internet Explorer, Safari, Firefox, Chrome browsers and Apple, Android and Windows devices. City staff members are not experts at the numerous versions of browsers and devices currently in use across the city. However, it is expected that content should be responsive and function on virtually any browser or device. 25. Section 3 - Assuming the list shown in the RFP is not complete, can you provide a list of all services that must have their own pages? A list of all services that require payment options? Would Court fines be handled by a 3rd party provider such as https://www.ticketfastpay.com/ Answer: The city currently uses ticketfastpay and municipalonlinepayments for municipal court and taxes, respectively. We expect the provider to offer a proprietary or third -party solution for other forms of business conducted online we can use in the future. The only requirement is that it integrates with current payment system software. 26. Section 6, Work Plan - How is "Public Involvement" defined precisely? A public commentary period? Public Polls on website capabilities? RFP 14-001 Addendum #1 Page 5 of 7 Answer: Milton is looking for community engagement tools similar to mindmixer, Placevision or Civic Plus' citizen engagement tools (please note, these are simply examples of functionality and in no way constitute an endorsement nor favorability on the part of the City of Milton). If the provider cannot offer such a tool, it should provide consultancy into which fits Milton best. 27. In terms of budget is there a ball -park figure that has been set aside for the project that you could inform us of please? Answer: $49,000 28. Is there a possibility for an extension on the budget? Answer: Not currently. 29. Regarding the requirement to "provide an online mechanism for residents and businesses to apply and pay for any service we are allowed to offer online by law (page 13)", we would like a list of specific services that should be included and what, if any, platforms will need to be integrated with in order to ensure that all payments are processed and attributed to the appropriate entity. Answer: The city currently uses ticketfastpay and municipalonlinepayments for municipal court and taxes, respectively. We expect the provider to offer a proprietary or third -party solution for other forms of business conducted online we can use in the future. The only requirement is that it integrates with current payment system software. 30. Are there any other 3rd party systems that we will need to integrate with? Answer: Not currently. Instead, it is expected that future departmental software updates integrate with the site chosen. 31. Whether companies from Outside USA can apply for this? (From India or Canada) Answer: Global companies are allowed to bid; however, they must have five years of service in an American municipal environment. 32. Whether we need to come over there for meetings? Answer: At least one face -to face meeting is expected. 33. Can we perform the tasks (related to RFP) outside USA? (From India or Canada) Answer: Global companies are allowed to participate; however, they must have five years of service in an American municipal environment. 34. Can we submit our proposals via e-mail? Answer: Bids must be mailed. 35: 1 need to ask if you would accept our proposal into your consideration process to undertake the work bearing in mind that we are based overseas in the United Kingdom? RFP 14-CO1 Addendum #1 Page 6 of 7 Answer: Global companies are allowed to bid; however, they must have five years of service in an American municipal environment. RFP 14-001 Addendum #1 Page 7 of 7 HOME OF' ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: October 9, 2014 FROM: City Manager AGENDA ITEM: Consideration of RZ14-05 — To Amend Article VI, Division 23 — CUP (Community Unit Plan) District. MEETING DATE: Monday, October 20, 2014 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (APPROVED O NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: �} YES O NO CITY ATTORNEY REVIEW REQUIRED. ( YES () NO APPROVAL BY CITY ATTORNEY (APPROVED O NOT APPROVED PLACED ON AGENDA FOR.- REMARKS OR.REMARKS © * You@m* * * PHONE; 678.242.25001 FAX: 678.242.2444 0Gfeen = Ceruhcd � 4vio� C�nn1 infoftityofmiltonga.us 1 www.cityofmiltonga.us Community 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 �" To: The Honorable Mayor and City Council From: Kathleen Field, Community Development Director Date: Submitted October 16, 2014 for the October 20, 2014 Regular Meeting (October 13, 2014 for Council Work Session) Re: Consideration of RZ14-05 – CUP and RZ14-06 - NUP – Text Amendments Department Recommendation: The Community Development Department recommends approval of the proposed text amendments as discussed below. Executive Summary: At the October 13, 2014 Council Work Session there were discussions regarding the status of the CUP and NUP zoning districts. Based on these discussions, Staff now proposes to preserve the CUP zoning district with some amendments and to delete the NUP zoning district. Below are the changes proposed to the CUP district. 1) Include properties with a minimum of 4 acres (this type of property required a NUP district). 2) Delete all uses except for single family residential and Golf, country club, pool and recreation court. 3) For properties not served by sanitary sewer, require the applicant to provide a site plan to determine the maximum number of lots that can be developed under the AG-1 district. 4) Staff has deleted the requirement for open space but will amend the Rural Milton Overlay to require open space not only for CUP districts but also for all developments including AG-1. During the discussions, other issues were brought up that are not within the CUP or NUP districts but would require that amendments to the “Rural Milton Overlay District” and “Definitions” within the Zoning Ordinance be made in a future zoning cycle. They include the following: 2 Rural Milton Overlay 1) Require open space for all single family developments (see #4 above) within the Overlay. 2) Increase the percentage of “Lot Coverage” from the existing 20 percent up to 25 percent with the administrative approval of the Community Development Director. 3) To amend the Rural Viewshed requiring the City Arborist to review and approve a landscape plan for the 40 foot undisturbed buffer adjacent to exterior streets. Definitions 1) Under definition of “lot coverage” delete golf courses and bodies of water below. “….For purposes of calculating lot coverage, total lot area shall be the area of the lot reduced by the area of all of the following that are located within the boundaries of the lot:(1) Golf courses; (2) Bodies of water and (3) Streets.” The Planning Commission recommended approving the deletion of the CUP and NUP zoning districts on June 25, 2014. The City Attorney recommended that there is a need to keep the NUP district since there are existing zonings within the City. Instead, there is a provision that there shall not be any additional requests for the NUP zoning district. 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 - Jarrard & Davis (June, 2014) Concurrent Review: Community Development Staff Attachment(s): Text Amendments and Ordinances for RZ14-05 and RZ14-06 STATE OF GEORGIA ORDINANCE____ COUNTY OF FULTON RZ14-05 AN ORDINANCE TO AMEND ARTICLE VI, DIVISION 23, CUP (COMMUNITY UNIT PLAN) DISTRICT 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 October 20, 2014 6:00 p.m. as follows: SECTION 1. That the amendment of Article VI, Division 23, CUP (Community Unit Plan) District, 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 20th day of October, 2014 __________________ Joe Lockwood, Mayor Attest: ___________________________ Sudie AM Gordon, City Clerk (Seal) DIVISION 23. CUP COMMUNITY UNIT PLAN DISTRICT RZ14-05 – RZ14-08 – Text Amendment prepared for the City of Milton Mayor and City Council Meeting on October 20, 2014 (Work Session on October 13, 2014). Previously discussed at the July 14 Work Session. Council recommended deferral at the July 21 and September 22 meeting to October 20. Page 1 of 4 10/16/2014 DIVISION 23. CUP COMMUNITY UNIT PLAN DISTRICT Sec. 64-894. Scope and intent. Sec. 64-895. Use regulations. Sec. 64-896. Development plan. Sec. 64-897. Development standards. Sec. 64-898. Other regulations. Secs. 64-899—64-917. Reserved. Sec. 64-894. Scope and intent. (a) The regulations in this division are the CUP District regulations. Article IX should be consulted to determine uses and minimum standards for uses allowed by administrative permit or use permit. The CUP district identifies land areas for a variety of housing types within a planned community setting . (b) The CUP district is intended to: (1) Encourage the development of large tracts of land as planned communities. (2) Encourage flexible and creative concepts in site planning. (3) Preserve the natural amenities of the land by encouraging scenic and fu nctional open areas. (4) Provide for an efficient use of land. (5) Provide a stable residential environment compatible with surrounding residential areas. (6) Protect neighboring properties by requiring larger peripheral lots adjacent to larger lot developments. Sec. 64-895. Use regulations. Within the CUP district, land and structures shall be used in accordance with standards herein. Any use not specifically designated as a permitted use in this section or as a use allowed by an administrative permit or use permit shall be prohibited. (1) Permitted uses. Structures and land may be used for only the following purposes: a. Single-family dwelling. b. Two-family dwelling. c. Triplex. d. Quadruplex. e. Townhouse. f. Multifamily residential. g. Day care facility located in a multifamily or community building, or place of worship. h. Golf, country club, pool and recreation court. DIVISION 23. CUP COMMUNITY UNIT PLAN DISTRICT RZ14-05 – RZ14-08 – Text Amendment prepared for the City of Milton Mayor and City Council Meeting on October 20, 2014 (Work Session on October 13, 2014). Previously discussed at the July 14 Work Session. Council recommended deferral at the July 21 and September 22 meeting to October 20. Page 2 of 4 10/16/2014 i. Community facilities. j. Place of worship. (2) Accessory uses. A structure or land may be used for uses customarily incidental to any permitted use and a dwelling may be used for a home occupation. Retail and service uses, and clubs accessory to recreation facilities are allowed subject to the following conditions: a. Accessory retail and service uses shall be located wholly within a building with a majority of the floor area designed for recreation uses. No outdoor advertising is allowed. b. Retail and service uses shall be limited to convenience retail and service establishments such as pro shops and personal services. Restaurants accessory to a club are allowed. Sec. 64-896. Development plan. (a) The development plan shall be the zoning control document for features depicted graphically. The site plan requirement applicable to rezoning requests shall be adhered to for CUP rezoning requests. (b) Administrative guidelines for preparing site plans are available from the director of the community development department. (c) A site plan shall become the development plan if the request to rezone is approved without changes or additions. (d) If the approval by the board differs in any way from what is depicted on the site plan submitted for the purpose of seeking rezoning, a revised plan must be certified by the community development department before development related permits may be issued. (e) A site plan or development plan shall not substitute for plans which are required as a prerequisite for applying for development-related permits. (f) The location of all use areas shall be shown on the development plan, and the location on the ground shall be as shown on the development plan. (g) Properties that are not served by sanitary sewer shall provide a site plan to determine the maximum number of lots on the subject site as follows: The number of lots in a CUP development shall not exceed the number of lots that can be reasonably created within an AG-1 zoned development at the same site location. The following items shall be submitted to determine the lot yield for the subject property: (1) Indicate all bodies of water and the appropriate buffers; (2) Provide a level 3 soil analysis; (3) Provide a tree survey indicating specimen and heritage trees; (4) Indicate the configuration of lots and associated minimum building setbacks; and (5) Show approximate location of house footprint on each lot. DIVISION 23. CUP COMMUNITY UNIT PLAN DISTRICT RZ14-05 – RZ14-08 – Text Amendment prepared for the City of Milton Mayor and City Council Meeting on October 20, 2014 (Work Session on October 13, 2014). Previously discussed at the July 14 Work Session. Council recommended deferral at the July 21 and September 22 meeting to October 20. Page 3 of 4 10/16/2014 Sec. 64-897. Development standards. (a) Height regulations. No single-family residential dwellings or accessory structures shall exceed 40 feet in height. The height of all other non-single family residential structures are as approved per the conditions of zoning. (b) Minimum land area per unit shall be as specified in conditions. (c) Minimum lot area per unit shall be as specified in conditions. (d) Minimum CUP size shall be ten four contiguous acres. (e) Maximum density shall be as follows: (1) Single-family dwelling: 5.0 units per gross acre. (2) Multifamily dwelling: 9.0 units per gross acre. (f) Minimum lot width. There shall be none, unless specified in conditions. (g) Minimum CUP development frontage shall be 35 150 feet. (h) Minimum lot frontage shall be 20 feet adjoining a street. (i) Minimum heated floor area per unit shall be as specified in conditions. (j) Minimum perimeter setback (entire CUP development) shall be as specified in conditions. (k) Minimum interior setbacks (single-family lots): (1) Minimum front yard shall be as specified in conditions. (2) Minimum side yard shall be as specified in conditions. (3) Minimum rear yard shall be as specified in conditions. (l) Minimum accessory structure requirements: (1) Single-family and two-family uses. Accessory structures may be located within the side or rear yards subject to perimeter and minimum yard setbacks. (2) Multifamily uses. Accessory structures may be located in the rear yard only but shall not be located within a minimum yard. (m) Minimum building separation (more than one dwelling per lot). All building separations shall be as specified by the city's building code. (n) Other minimum standards. (1) Setbacks and roof lines shall be varied by at least two feet so that no more than three adjoining dwelling units within a single building shall have the same front setback or roof line. (2) Common outdoor area consisting of not less than 550 square feet per unit shall be provided for recreation in all developments of 20 or more acres. (3) Land area proposed for open space or recreation shall be allocated among the use areas in proportion to the ratio of a neighborhood population to the total CUP population so that acreage devoted to open space is reasonably accessible to all residents. (4) Multifamily uses shall not be located along the perimeter except adjacent to or across a street from an existing multifamily or more intense use. DIVISION 23. CUP COMMUNITY UNIT PLAN DISTRICT RZ14-05 – RZ14-08 – Text Amendment prepared for the City of Milton Mayor and City Council Meeting on October 20, 2014 (Work Session on October 13, 2014). Previously discussed at the July 14 Work Session. Council recommended deferral at the July 21 and September 22 meeting to October 20. Page 4 of 4 10/16/2014 (5) Agreements, covenants, declarations and other contracts which govern the use, maintenance, and protection of a CUP development among its owners areas shall be part of the official zoning file, and changes thereto shall have no force and effect until a copy has been provided to the director of the community development department. (6) Multifamily units shall not exceed 25 percent of the total number of dwelling units in a CUP. Sec. 64-898. Other regulations. The following headings contain some additional, but not all, provisions applicable to the CUP district: (1) Development regulations: article XVII of this zoning ordinance. (2) Exceptions: article II, division 3 of this zoning ordinance. (3) Floodplain management: article IV of this zoning ordinance. (4) Off-street parking and loading: article VIII of this zoning ordinance. (5) Outside storage: article II, division 2 of this zoning ordinance. (6) Landscape area and buffer regulations of the TR, A or A-L district shall apply, as corresponding: article III of this zoning ordinance. (7) River protection: Metropolitan River Protection Act, O.C.G.A. § 12-5-440 et seq. (8) Signs: article XVI of this zoning ordinance. Secs. 64-899—64-917. Reserved. HOME OF' ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: October 9, 2014 FROM: City Manager AGENDA ITEM: Consideration of RZ14-06 — To Amend Article VI, Division 24 — NUP (Neighborhood Unit Plan) District. MEETING DATE: Monday, October 20, 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: x YES O NO CITY ATTORNEY REVIEW REQUIRED: (SVYES O NO APPROVAL BY CITY ATTORNEY KAPPROVED () NOT APPROVED PLACED ON AGENDA FOR: 4 0 I REMARKS I ® * you( PHONE: 678.242.25001 FAX: 678.242.2499 info@cityofmilfonga.us I www.cityofmiltonga.us 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 Green- � Tope Certified 4,�� Community ��;; EJ To: The Honorable Mayor and City Council From: Kathleen Field, Community Development Director Date: Submitted October 16, 2014 for the October 20, 2014 Regular Meeting (October 13, 2014 for Council Work Session) Re: Consideration of RZ14-05 – CUP and RZ14-06 - NUP – Text Amendments Department Recommendation: The Community Development Department recommends approval of the proposed text amendments as discussed below. Executive Summary: At the October 13, 2014 Council Work Session there were discussions regarding the status of the CUP and NUP zoning districts. Based on these discussions, Staff now proposes to preserve the CUP zoning district with some amendments and to delete the NUP zoning district. Below are the changes proposed to the CUP district. 1) Include properties with a minimum of 4 acres (this type of property required a NUP district). 2) Delete all uses except for single family residential and Golf, country club, pool and recreation court. 3) For properties not served by sanitary sewer, require the applicant to provide a site plan to determine the maximum number of lots that can be developed under the AG-1 district. 4) Staff has deleted the requirement for open space but will amend the Rural Milton Overlay to require open space not only for CUP districts but also for all developments including AG-1. During the discussions, other issues were brought up that are not within the CUP or NUP districts but would require that amendments to the “Rural Milton Overlay District” and “Definitions” within the Zoning Ordinance be made in a future zoning cycle. They include the following: 2 Rural Milton Overlay 1) Require open space for all single family developments (see #4 above) within the Overlay. 2) Increase the percentage of “Lot Coverage” from the existing 20 percent up to 25 percent with the administrative approval of the Community Development Director. 3) To amend the Rural Viewshed requiring the City Arborist to review and approve a landscape plan for the 40 foot undisturbed buffer adjacent to exterior streets. Definitions 1) Under definition of “lot coverage” delete golf courses and bodies of water below. “….For purposes of calculating lot coverage, total lot area shall be the area of the lot reduced by the area of all of the following that are located within the boundaries of the lot:(1) Golf courses; (2) Bodies of water and (3) Streets.” The Planning Commission recommended approving the deletion of the CUP and NUP zoning districts on June 25, 2014. The City Attorney recommended that there is a need to keep the NUP district since there are existing zonings within the City. Instead, there is a provision that there shall not be any additional requests for the NUP zoning district. 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 - Jarrard & Davis (June, 2014) Concurrent Review: Community Development Staff Attachment(s): Text Amendments and Ordinances for RZ14-05 and RZ14-06 STATE OF GEORGIA ORDINANCE____ COUNTY OF FULTON RZ14-06 AN ORDINANCE TO DELETE ARTICLE VI, DIVISION 24, NUP (NEIGHBORHOOD UNIT PLAN) DISTRICT 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 October 20, 2014 6:00 p.m. as follows: SECTION 1. That the deletion of Article VI, Division 24, NUP (Neighborhood Unit Plan) District 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 20th day of October, 2014 __________________ Joe Lockwood, Mayor Attest: ___________________________ Sudie AM Gordon, City Clerk (Seal) DIVISION 24. NUP NEIGHBORHOOD UNIT PLAN DISTRICT RZ14-06 – RZ14-08 – Text Amendment prepared for the City of Milton Mayor and City Council Meeting on October 20, 2014 (Work Session on October 13, 2014). Previously discussed at the July 14 Work Session. Council recommended deferral at the July 21 and September 22 meeting to October 20. Page 1 of 3 10/16/201410/16/201410/16/201410/9/2014 DIVISION 24. NUP NEIGHBORHOOD UNIT PLAN DISTRICT Sec. 64-918. Scope and intent. Sec. 64-919. Use regulations. Sec. 64-920. Development plan. Sec. 64-921. Development standards. Sec. 64-922. Other regulations. Secs. 64-923—64-941. Reserved. Sec. 64-918. Scope and intent. (a) The regulations set forth in this division are the NUP district regulations for those properties that were zoned to the NUP district prior to December 17, 2013. After October 20, 2014 no additional property shall be rezoned to the NUP district.” . Article IX should be consulted to determine uses and minimum standards for uses allowed by administrative permit or use permit. The NUP district is intended to provide land areas devoted to low to medium density single-family residential uses of five or fewer units per acre consistent with the densities ranges suggested on the comprehensive plan land use map. The NUP district is intended to encourage: (1) The development of medium sized tracts of land as planned neighborhoods or the development of vacant parcels of land with transitional densities in builtup areas; (2) The preservation of trees and vegetation; and (3) Innovative site planning. (b) Land proposed for a NUP shall comply with the following standards: (1) Provide a density that is consistent with the plan densities and surrounding properties. (2) Protect neighboring properties by requiring peripheral setbacks and development standards compatible with adjacent developments as required by the district standards and the conditions of zoning. Sec. 64-919. Use regulations. Within the NUP district, land and structures shall be used in accordance with standards herein. Any use not specifically designated as a permitted use in this section or as a use allowed by administrative permit or use permit shall be prohibited. (1) Permitted uses. Structures and land may be used for only the following purposes: a. Single-family dwelling. b. Recreation facilities associated with single-family development. (2) Accessory uses. A structure or land may be used for uses customarily incidental to any permitted use and a dwelling may be used for a home occupation. DIVISION 24. NUP NEIGHBORHOOD UNIT PLAN DISTRICT RZ14-06 – RZ14-08 – Text Amendment prepared for the City of Milton Mayor and City Council Meeting on October 20, 2014 (Work Session on October 13, 2014). Previously discussed at the July 14 Work Session. Council recommended deferral at the July 21 and September 22 meeting to October 20. Page 2 of 3 10/16/201410/16/201410/16/201410/9/2014 Sec. 64-920. Development plan. (a) The development plan shall be the zoning control document for features depicted graphically. The site plan requirement applicable to rezoning requests shall be adhered to for NUP rezoning requests. (b) Administrative guidelines for preparing site plans are available from the director of the community development department. (c) A site plan shall become the development plan if the request to rezone is approved without changes or additions. (d) If the approval by the board differs in any way from what is depicted on the site plan submitted for the purpose of seeking rezoning, a revised plan must be certified by the community development department before development related permits may be issued. (e) A site plan or development plan shall not substitute for plans which are required as a prerequisite for applying for development related permits. (f) The location of all use areas shall be shown on the d evelopment plan, and location on the ground shall be as shown on the development plan. Sec. 64-921. Development standards. (a) Height regulations. No building shall exceed 40 feet in height. (b) Minimum lot area per unit shall be 4,000 square feet. (c) NUP size shall be as follows: (1) Minimum four contiguous acres. (2) Maximum 12 contiguous acres (d) Maximum density shall be 5.0 units per gross acre. (e) Minimum lot width. The shall be none unless specified in conditions. (f) Minimum development frontage shall be 35 feet. (g) Minimum lot frontage shall be 20 feet adjoining a street. (h) Minimum heated floor area per unit shall be 1,000 square feet detached. (i) Minimum perimeter setback for the entire NUP development. When adjacent to single -family zoning/use or AG-1 zoned property, a 40-foot setback shall be provided around the periphery of the development including access drives serving more than one lot, principal and accessory structures and swimming pools. Other yard improvements and access/utility crossings are permitted. (j) Minimum interior setbacks: (1) Minimum front yard shall be as specified in conditions. (2) Minimum side yard shall be as specified in conditions. (3) Minimum rear yard shall be as specified in conditions. (k) Minimum interior building separations. To place a building along an interior side lot line at between zero and seven feet shall require an encroachment and maintenance easement allowing a minimum of seven feet of access to such buildings. A minimum buildin g separation of 14 feet shall be maintained. DIVISION 24. NUP NEIGHBORHOOD UNIT PLAN DISTRICT RZ14-06 – RZ14-08 – Text Amendment prepared for the City of Milton Mayor and City Council Meeting on October 20, 2014 (Work Session on October 13, 2014). Previously discussed at the July 14 Work Session. Council recommended deferral at the July 21 and September 22 meeting to October 20. Page 3 of 3 10/16/201410/16/201410/16/201410/9/2014 (l) Minimum accessory structure requirements. Accessory structures may be located in rear or side yards, but shall not be located within a minimum rear yard except that detached garages may locate along a rear lot line at between zero and seven feet with an encroachment and maintenance easement allowing a minimum of seven feet of access to the garage. Sec. 64-922. Other regulations. The following headings contain some additional, but not all, provisions applica ble to the NUP district: (1) Development regulations: article XVII of this zoning ordinance. (2) Exceptions: article II, division 3 of this zoning ordinance. (3) Floodplain management: article IV of this zoning ordinance. (4) Off-street parking and loading: article VIII of this zoning ordinance. (5) Outside storage: article II, division 2 of this zoning ordinance. (6) Landscape area and buffer regulations of the TR district shall apply to townhouse development: article III of this zoning ordinance. (7) River protection. Metropolitan River Protection Act, O.C.G.A. § 12-5-440 et seq. (8) Signs: article XVI of this zoning ordinance. Secs. 64-923—64-941. Reserved. HOME OF - ST r - 1.; ,S' Mf LT I ON*k ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: October 9, 2014 FROM: City Manager AGENDA ITEM: Consideration of RZ14-08 — To Amend Article VI, Division 4 — R-2 (Single Family Residential) District, MEETING DATE: Monday, October 20, 2014 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: XAPPROVED () 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. 0 ZOI,I REMARKS © YoU(M PHONE: 678.242.25001 FAX: 678.242.2499 Info@cityofmIItonga.us I www.cityofmiltonga.us � 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 ` Gruen' Community C-i[y of Ethics � M To: The Honorable Mayor and City Council From: Kathleen Field, Community Development Director Date: Submitted October 16, 2014 for the October 20, 2014 Regular Meeting (October 13, 2014 for Council Work Session) Re: Consideration of RZ14-08 – R-2 – Text Amendment Department Recommendation: The Community Development Department recommends withdrawal of RZ14-08 as discussed below. Executive Summary: At the October 13, 2014 Council Work Session there were discussions regarding the status of the R-2 (Single Family Residential) and proposed RR (Rural Residential) zoning districts. Based on these discussions, Staff now recommends withdrawing the proposed changes to these districts. The Planning Commission recommended approving the proposed amendment to the R-2 district by creating a new RR district on June 25, 2014 as recommended by Staff with a couple of minor edits to the development standards. 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 amendment discussed. Legal Review: Paul Frickey - Jarrard & Davis (June, 2014) Concurrent Review: Community Development Staff Attachment(s): Text Amendment and Ordinance for RZ14-08 STATE OF GEORGIA ORDINANCE____ COUNTY OF FULTON RZ14-08 AN ORDINANCE TO AMEND ARTICLE VI, DIVISION 4, R-2 (SINGLE FAMILY RESIDENTIAL) DISTRICT 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 October 20, 2014 6:00 p.m. as follows: SECTION 1. That the amendment of Article VI, Division 4, R-2 (Single Family Residential) District 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 20th day of October, 2014 __________________ Joe Lockwood, Mayor Attest: ___________________________ Sudie AM Gordon, City Clerk (Seal) DIVISION 4. R-2 SINGLE-FAMILY DWELLING DISTRICT RZ14-08 – Text Amendment prepared for the City of Milton Mayor and City Council Meeting on October 20, 2014 (Work Session on October 13, 2014). Previously discussed at the July 14 Work Session. Council recommended deferral at the July 21 and September 22 meeting to October 20. Page 1 of 4 10/16/201410/16/201410/13/201410/9/2014 DIVISION 4. R-2 SINGLE-FAMILY DWELLING DISTRICT Sec. 64-460. Scope and intent. Sec. 64-461. Use regulations. Sec. 64-462. Development standards. Sec. 64-463. Other regulations. Secs. 64-464—64-482. Reserved. Sec. 64-460. Scope and intent. The regulations set forth in this division are the R-2 district regulations for those properties that were zoned to the R-2 district prior to January 23, 2014. After October 20, 2014 no additional property shall be rezoned to the R-2 district. Article IX should be consulted to determine uses and minimum standards for uses allowed by administrative or use permits. The R-2 district is intended to provide land areas devoted to very low density residential uses. The district also provides for closely related uses. Sec. 64-461. Use regulations. Within the R-2 district, land and structures shall be used in accordance with standards herein. An y use not specifically designated as permitted shall be prohibited. (1) Permitted uses. Structures and land may be used for only the following purposes: a. Single-family dwelling. b. Agriculture, general and specialized farming, initiated prior to March 7, 1990, including horticulture, plant nursery, dairy farming, truck gardening and poultry raising; provided, however, that agricultural buildings must be at least 200 feet from all side and rear property lines, and that no products shall be offered for sale on land so utilized. (2) Accessory uses. A structure or land may be used for uses customarily incidental to any permitted use and a dwelling may be used for a home occupation. Sec. 64-462. Development standards. (a) Height regulations. No building shall exceed 40 feet in height. (b) Minimum front yard shall be 60 feet. (c) Minimum side yard shall be as follows: (1) Adjacent to interior line: 15 feet. (2) Adjacent to street: 30 feet. (d) Minimum rear yard shall be 40 feet. (e) Minimum lot area shall be one acre. (f) Minimum lot width shall be 150 feet. (g) Minimum lot frontage shall be 35 feet adjoining a street. DIVISION 4. R-2 SINGLE-FAMILY DWELLING DISTRICT RZ14-08 – Text Amendment prepared for the City of Milton Mayor and City Council Meeting on October 20, 2014 (Work Session on October 13, 2014). Previously discussed at the July 14 Work Session. Council recommended deferral at the July 21 and September 22 meeting to October 20. Page 2 of 4 10/16/201410/16/201410/13/201410/9/2014 (h) Minimum heated floor area shall be as follows: (1) For less than two-story dwelling: 1,600 square feet on ground level; (2) For two-story dwelling: 1,800 square feet; or (3) For more than two-story dwelling: 1,800 square feet with 1,050 square feet on ground floor. (i) Minimum accessory structure requirements. Accessory structures may be located in the rear or side yards only but shall not be located within a minimum yard. (j) Conservation subdivision. The development standards of a conservation subdivision shall be in accordance with chapter 50, article V (subdivision regulations). Chapter 50, article V, conservation subdivision, is currently reserved. Sec. 64-463. Other regulations. The following headings contain provisions applicable to the R-2 district: (1) Development regulations: article XVII of this zoning ordinance. (2) Exceptions: article II, division 3 of this zoning ordinance. (3) Floodplain management: article IV of this zoning ordinance. (4) Off-street parking and loading: article VIII of this zoning ordinance. (5) Outside storage: article II, division 2, of this zoning ordinance. (6) Landscape area and buffer regulations: article III of this zoning ordinance. (7) River protection: Metropolitan River Protection Act, O.C.G.A. § 12-5-440 et seq. (8) Signs: article XVI of this zoning ordinance. Secs. 64-464—64-482. Reserved. DIVISION 4A. RURAL RESIDENTIAL (RR) - SINGLE-FAMILY DWELLING DISTRICT Sec. 64-464. Scope and intent. Sec. 64-465. Use regulations. Sec. 64-466. Development standards. Sec. 64-467. Other regulations. Secs. 64-468—64-482. Reserved. Sec. 64-464. Scope and intent. The regulations set forth in this division are the Rural Residential district regulations. Article IX DIVISION 4. R-2 SINGLE-FAMILY DWELLING DISTRICT RZ14-08 – Text Amendment prepared for the City of Milton Mayor and City Council Meeting on October 20, 2014 (Work Session on October 13, 2014). Previously discussed at the July 14 Work Session. Council recommended deferral at the July 21 and September 22 meeting to October 20. Page 3 of 4 10/16/201410/16/201410/13/201410/9/2014 should be consulted to determine uses and minimum standards for uses allowed by administrative or use permits. The Rural Residential district is intended to provide land areas devoted to very low density residential uses (4) Encourage inter-parcel access to adjacent properties and provide interior block structure circulation within the development. Sec. 64-465. Use regulations. Within the Rural Residential district, land and structures shall be used in accordance with standards herein. Any use not specifically designated as permitted shall be prohibited. (1) Permitted uses. Structures and land may be used for only the following purposes: a. Single-family dwelling. b. Recreational facility (2) Accessory uses. A structure or land may be used for uses customarily incidental to any permitted use and a dwelling may be used for a home occupation. (3) Retail and service uses, and clubs accessory to recreational facilities are allowed subject to the following conditions: a. Accessory retail and service uses shall be located wholly within a building with a majority of the floor area designed for recreation uses. No outdoor advertising is allowed. b. Retail and service uses shall be limited to convenience retail and service establishments such as pro shops and personal services. Restaurants accessory to a club are allowed. Sec. 64-466. Development standards. (a) Height regulations. There shall be a maximum height limit of two stories with the maximum height of 28 feet from average finished grade to the bottom of the roof eave. (b) Minimum lot area per unit shall be one acre. (c) Minimum lot width shall be 150 100 feet. (d) Minimum Rural Residential development frontage shall be 150 feet. (e) Minimum individual lot frontage shall be 35 feet adjoining a street. (f) Minimum heated floor area per unit shall be as specified in conditions. (g) Minimum perimeter setback (entire Rural Residential development) shall be 50 feet. The minimum perimeter setback shall not apply to property lines adjacent to an exterior road. (h) Minimum interior setbacks: (1) Minimum front yard shall be a minimum of 20 feet. (2) Minimum side yard shall not exceed 50 feet between primary structures and not less than 10 feet from the property line. (3) Minimum side yard adjacent to a street shall be a minimum of 30 feet. DIVISION 4. R-2 SINGLE-FAMILY DWELLING DISTRICT RZ14-08 – Text Amendment prepared for the City of Milton Mayor and City Council Meeting on October 20, 2014 (Work Session on October 13, 2014). Previously discussed at the July 14 Work Session. Council recommended deferral at the July 21 and September 22 meeting to October 20. Page 4 of 4 10/16/201410/16/201410/13/201410/9/2014 (3) Minimum rear yard shall be a minimum of 40 feet. (i) Lot coverage shall not exceed twenty percent (20%) (j) Minimum accessory structure requirements. Accessory structures may be located in the rear or side yards only but shall not be located within a minimum yard. (k) Other minimum standards. (1) Open space or recreational facilities consisting of not less than 550 square feet per unit shall be provided for in all developments of 10 acres to 20 acres. (2) Open space or recreational facilities consisting of not less than 1,000 square feet per unit shall be provided in all developments of more than 20 acres. (3) Land area for the open space or recreational facilities shall be allocated among the use areas in approximate proportion of the ratio of the use are population to the total population of the overall development in order to make open space reasonable accessible to all residents in the development. The community development director shall determine whether the size and location of open spaces and recreational facilities within a development comply with this section. (4) Covered ganged mail box kiosks shall be provided and shall be consistent with the overall architectural style of the community. (l) Conservation subdivision. The development standards of a conservation subdivision shall be in accordance with chapter 50, article V (subdivision regulations). Chapter 50, article V, conservation subdivision, is currently reserved. Sec. 64-467. Other regulations. The following headings contain provisions applicable to the R-2 district: (1) Development regulations: article XVII of this zoning ordinance. (2) Exceptions: article II, division 3 of this zoning ordinance. (3) Floodplain management: article IV of this zoning ordinance. (4) Off-street parking and loading: article VIII of this zoning ordinance. (5) Outside storage: article II, division 2, of this zoning ordinance. (6) Landscape area and buffer regulations: article III of this zoning ordinance. (7) River protection: Metropolitan River Protection Act, O.C.G.A. § 12-5-440 et seq. (8) Signs: article XVI of this zoning ordinance. Secs. 64-468—64-482. Reserved. HOME 0F' j vt ' 0 t\ ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: October 9, 2014 FROM: City Manager AGENDA ITEM: Consideration of an Ordinance to Amend Chapter 34: Section 22 (b), to Add a New Chapter 34, Section 22 (c) and to Amend Chapter 34, Section 22 (h) of the Milton City Code, Parks and Recreation Prohibited Acts. MEETING DATE: Monday, October 20, 2014 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: {APPROVED CITY ATTORNEY APPROVAL REQUIRED: ( YES CITY ATTORNEY REVIEW REQUIRED. { YES APPROVAL BY CITY ATTORNEY X APPROVED PLACED ON AGENDA FOR. r o 2 0 14 REMARKS O NOT APPROVED () NO () NO {) NOT APPROVED © You(m PHONE: 678.242.2500 � FAX: 678.242.2499 ®'+GreEn'`v info@cityofmiltonga.us I www.cityofmiltonga.us W1 Community 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 * Cec*ink * imp 700 Ci[v of 91 To: Honorable Mayor and City Council Members From: Jim Cregge, Director of Parks and Recreation Date: Submitted on September 16, 2014 for the October 6, 2014 and October 20, 2014 Regular Council Meetings Agenda Item: Consideration of an Ordinance to Amend Chapter 34, Section 22 (b), to Add a New Chapter 34, Section 22 (c) and to Amend Chapter 34, Section 22 (h) of the Milton City Code, Parks and Recreation Prohibited Acts ____________________________________________________________________________ Department Recommendation: Staff is recommending the Adoption of the Amendment to Chapter 34, Section 22 (b), to add a New Chapter 34, Section 22 (c), and to amend Chapter 34, Section 22 (h) of the Milton City Code, Parks and Recreation Prohibited Acts. Executive Summary: The 2014 State Legislature passed House Bill 60 (HB 60) which became law on July 1, 2014. One aspect of HB 60 specifically permits a citizen in possession of a weapons carry permit to openly carry a weapon at a public park. Our current ordinance specifically forbids an individual to “carry a firearm at a public gathering in accordance with O.C.G.A. § 16-11-127.” This amendment to the Milton City Code would align our ordinance in compliance with the new State of Georgia law. This also separates fireworks from firearms and results in the re-lettering of each subsequent item as a result of the addition of a new section 22 (c). The amendment also modifies park hours. Funding and Fiscal Impact: None Alternatives: After consultation with the City Attorney, it has been determined that there is no alternative. Our ordinance must be changed to be in compliance with state law. Page 2 of 2 Legal Review: Ken Jarrard – Jarrard & Davis, September 15, 2014 Concurrent Review: Chris Lagerbloom Attachment(s): 1) Ordinance –Chapter 34 Section 22 (b), (c) and (h) 2) Red Lined Ordinance STATE OF GEORGIA COUTY OF FULTON ORDINANCE NO. AN ORDINANCE TO AMEND CHAPTER 34, SECTION 22 (b), TO ADD A NEW CHAPTER 34, SECTION 22 (c) AND TO AMEND CHAPTER 34, SECTION 22 (h) OF THE MILTON CITY CODE, PARKS AND RECREATION PROHIBITED ACTS BE IT ORDAINED by the City Council of the City of Milton, GA while in a regularly called council meeting on October 20, 2014 at 6:00 p.m. as follows: SECTION 1. That Ordinance Chapter 34 Section 22 (b), of the Milton City Code, relating to Parks and Recreation, is hereby stricken in its entirety and replaced with the following: Firearms. It shall be unlawful for any person to discharge any firearm within the city parks in accordance with the authority vested in the city by the general assembly in accordance with O.C.G.A. § 16-11-173. Signs shall be posted at city parks stating the following: "In accordance with O.C.G.A. § 16-11-173 and the City Code of Milton, the discharge of firearms in city parks is prohibited." SECTION 2. That Ordinance Chapter 34, Section 22 shall have added thereto a new (c), with all remaining paragraphs of Chapter 34, Section 22 to be re-lettered, with this new section (c) to contain the following: Fireworks. It shall be unlawful for any person to possess or use fireworks, as defined in O.C.G.A. 25-10-1(a)(1), in any of the city parks, unless written permission for such has been authorized by the mayor and city council. SECTION 3. That Ordinance Chapter 34 Section 22 (h), of the Milton City Code, previously styled as Chapter 34, Section 22 (g), relating to Parks and Recreation, is hereby stricken in its entirety and replaced with the following: Park hours. All city parks that have lighted athletic fields shall be closed between the hours of 10:30 PM and 6:00 AM. All other parks shall be closed from dusk until dawn. No person shall be authorized to be on the premises or property of any city park when they are closed, except authorized city employees or persons engaged in activities authorized by the recreation and parks director, or the city manager. SECTION 4. All ordinances, parts of ordinances, or regulations in conflict herewith are repealed. SECTION 5. That this Ordinance shall become effective upon its adoption. PAGE 2 OF 2 ORDAINED this the 20th day of October, 2014. ____________________________________ Joe Lockwood, Mayor Attest: ______________________________ Sudie AM Gordon, City Clerk (Seal) Sec. 34-22. Prohibited acts. (a) Alcoholic beverages. It shall be unlawful for any person to possess and consume any alcoholic beverage, or be under the influence of alcoholic, malt and vinous beverage, within any public park and within any building or facility under the supervision of the city recreation and parks department unless such usage is expressly permitted by signage or published rules of the particular park or recreation building. (b) Firearms. It shall be unlawful for any person to possess any explosive substance (including fireworks) in any of the city parks, unless written permission for such has been authorized by the mayor and city council. It shall be unlawful for any person to discharge any firearm within the city parks in accordance with the authority vested in the city by the general assembly in accordance with O.C.G.A. § 16-11-173. or to carry a firearm at a public gathering in accordance with O.C.G.A. § 16-11-127. Signs shall be posted at city parks stating the following: "In accordance with O.C.G.A. § 16-11-173 and this section the discharge of firearms in the city parks is prohibited.” In accordance with O.C.G.A. § 16-11-127, it is a misdemeanor under state law to carry any deadly weapon at a public gathering." (c) Fireworks. It shall be unlawful for any person to possess or use fireworks, as defined in O.C.G.A. 25-10-1(a)(1), in any of the city parks, unless written permission for such has been authorized by the mayor and city council. (d) Injuring public property. It shall be unlawful for any person to cut, break, mutilate, deface, or in any other manner destroy or injure any public property, real or personal, belonging to, owned by, or leased or used by the city. (e) Killing wildlife. It shall be unlawful for any person to hunt, trap, shoot, maim or kill any animal or wildlife, or attempt to do any of the acts mentioned in this subsection to any animal or wildlife within any of the city parks without the city manager's written permission. (f) Motor vehicles. It shall be unlawful for any person to drive, operate and park any motor vehicle, mini-bike, or motorcycle within any city park, except in areas designated for such use. This section does not apply to city employees or agents when municipal duties require them to drive over said park or to park their vehicles or equipment at such locations in order to perform city business. (g) Noises. It shall be unlawful for any person to make any unnecessary, loud noises, engage in noisy disputes or conversation, engage in any indecent or loud acts of behavior, or in any other manner disturb the public peace, quiet, and order in any of the city parks, according to the city's noise regulations. (h) Park hours. All city parks shall be closed, and no person shall be authorized to be on the premises or property of any city park, between the hours of 12:00 midnight and 6:00 a.m. that have lighted athletic fields shall be closed between the hours of 10:30 PM and 6:00 AM. All other parks shall be closed from dusk until dawn. No person shall be authorized to be on the premises or property of any city park when they are closed, except authorized city employees or persons engaged in activities authorized by the recreation and parks director, or the city manager. (i) Pets. All pets must be on a leash and the owner is responsible for the disposal of pet waste. All pets are prohibited on athletic fields, unless written permission for such has been authorized by the city manager or the recreation and parks director. (j) Permit required. It shall be unlawful for any person to engage in any activity in the city parks which requires a permit or ticket without first obtaining such permit or ticket. (k) Polluting water in parks. It shall be unlawful for any person to pollute or disturb any spring, branch, pond, fountain, or other water owned by or leased to the city. (l) Posting signs. It shall be unlawful for any person to affix any bill, sign, or notice on any tree, building, or fixture in any of the parks. It shall be unlawful for any person to place any paper, books, refuse, or trash of any kind in any of the public parks, except in containers provided for such. (m) Skateboards. It shall be unlawful for any person to operate a skateboard on any street, lane, way, road, and/or any parking lot in any park in the city unless otherwise designated by signage or published rules. (n) Smoking. It shall be unlawful for anyone to smoke in the park. (o) Speed limit. It shall be unlawful for any person to operate a motorized vehicle upon any road within a park in the city at a greater speed than 15 miles per hour. (p) Swimming in lakes. It shall be unlawful for any person to swim in or enter any lake at any park in the city for the purpose of swimming or wading unless a permit for such has been issued by the city recreation and parks department or an authorized representative, or such person are conducting recreation department business. (q) Urban camping. It shall be unlawful to reside or to store personal property in any park owned by the city. Furthermore, it shall be unlawful to use any public place, including city parks, for permanent living accommodations purposes or camping, except in areas specifically designated for such use or specifically authorized by permit. (Ord. No. 07-01-03, § 1(ch. 8, art. 1, § 4), 1-18-2007; Ord. No. 07-08-42, § 1(ch. 8, art. 1, § 4), 8-23-2007) Io HOME OF 'HE BEST QLJALITY OF LIFE IN GEORGIA` M : I LTO.N*k ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: October 9, 2014 FROM: City Manager AGENDA ITEM: Consideration of an Ordinance to Designate the Crabapple Historic District as a Historic District; to Prescribe the Boundaries of Such Historic District; to Require a Certificate of Appropriateness from the City of Milton Historic Preservation Commission Prior to any Material Change in the Exterior Appearance of the Historic Property as Shown on the Official Zoning Map of the City; Repealing Conflicting Ordinances; to Provide for Severability; to Provide for an Effective Date; and for Other Purposes. MEETING DATE: Monday, October 20, 2014 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (APPROVED O NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: KYES O NO CITY ATTORNEY REVIEW REQUIRED: {YES () NO APPROVAL BY CITY ATTORNEY KAPPROVED PLACED ON AGENDA FOR: 10 7-0 I REMARKS O NOT APPROVED qy-f--- 13 PHONE: 678.242.25001 FAX: 678.242.2499 Green m ; C,ettified0 "" Ci rp of infoftityafmiltonga.us I www.cityofmiltonga.us +l'11,N H Community t Frhics, 13000 Deerfield Parkway. Suite 107 1 Milton GA 30004 __"- ,'B` To: Honorable Mayor and City Council Members From: Angela Rambeau, Principal Planner, Community Development Date: Submitted on October 1, 2014 for the October 6, 2014 and October 20, 2014 Regular City Council Meeting Agenda Item: Consideration of an Ordinance to Designate the Crabapple Historic District as a Historic District; to Prescribe the Boundaries of Such Historic District; to Require a Certificate of Appropriateness from the City of Milton Historic Preservation Commission Prior to any Material Change in the Exterior Appearance of the Historic Property as Shown on the Official Zoning Map of the City; Repealing Conflicting Ordinances; to Provide for Severability; to Provide for an Effective Date; and for Other Purposes. ______________________________________________________________________________ Department Recommendation: Approval. Executive Summary: The Proposal to designate 23 parcels in the Crabapple Crossroads area as historic, to create the Crabapple Historic District. Recommended approval by the GA DNR. Recommended approval by the City of Milton HPC. Funding and Fiscal Impact: N/A Legal Review: Paul Frickey – Jarrard & Davis, September 26, 2014 Attachment(s): Ordinance, Map Page 1 of 12 STATE OF GEORGIA ORDINANCE NO. COUNTY OF FULTON HD14-001 AN ORDINANCE TO DESIGNATE THE CRABAPPLE HISTORIC DISTRICT AS A HISTORIC DISTRICT; TO PRESCRIBE THE BOUNDARIES OF SUCH HISTORIC DISTRICT; TO REQUIRE A CERTIFICATE OF APPROPRIATENESS FROM THE CITY OF MILTON HISTORIC PRESERVATION COMMISSION PRIOR TO ANY MATERIAL CHANGE IN THE EXTERIOR APPEARANCE OF THE HISTORIC PROPERTY AS SHOWN ON THE OFFICIAL ZONING MAP OF THE CITY; REPEALING CONFLICTING ORDINANCES; TO PROVIDE FOR SEVERABILITY; TO PROVIDE FOR AN EFFECTIVE DATE; AND FOR OTHER PURPOSES THE COUNCIL OF THE CITY OF MILTON HEREBY ORDAINS while in regular session on the _____ day of ______________, 2014 as follows: Whereas, the Council of the City of Milton, Georgia (“City Council”) has established the Milton Historic Preservation Commission (“Commission”) in and for the City by its Historic Preservation Ordinance Number 12-04-133 (“HPC Ordinance”) on April 23, 2012, and Whereas, pursuant to its purposes under the HPC Ordinance establishing the Commission, the Commission has recommended to the Council the establishment of a historic district in the City, and Whereas, the Commission’s recommendation to the City Council of the historic district comes after an application for designation, and Whereas, the Commission and the City Community Development Department Staff have prepared a report setting forth the physical description of the proposed historic district; a statement of significance; a statement of justification for the proposed district; a map showing the district boundaries and classification of individual structures therein, and Page 2 of 12 Whereas, the City Council upon consideration of the report of the Community Development Staff and recommendation of the Commission finds that the proposed historic district is a geographically definable area containing buildings, structures, sites, objects, landscape features or works of art or a combination thereof which are an outstanding example of a structure representative of an era, or one of the few remaining examples of a past architectural style, or a site or structure associated with an event or person of historic or cultural significance, or a site of natural or aesthetic value that is continuing to contribute to the historical or cultural development and heritage, and Whereas, the hereinafter described land should be designated as a local historic district within the City of Milton, Georgia, NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Milton, Georgia, as follows: SECTION 1 PURPOSE In support and furtherance of its findings and determination that the historical, cultural, and aesthetic heritage of the City of Milton, Georgia is among its most valued and important assets and that the preservation of this heritage is essential to the promotion of the health, prosperity, and general welfare of the people; and in order to maintain historic structures and to protect and enhance local historical and aesthetic attractions to residents and tourists and thereby promote and stimulate business; and in order to enhance the opportunities for federal or state tax benefits under relevant provisions of federal or state law; and in order to provide for designation, protection, preservation, and rehabilitation of historic properties and to participate in federal or state programs to do the same; and in accordance with the HPC Ordinance to establish a Historic Preservation Commission in the city, to provide for issuance of a Certificate of Appropriateness, to provide for an appeals procedure, to repeal conflicting ordinances, and for other purposes; The City Council hereby declares it to be the purpose and intent of this ordinance to designate a historic district in a geographically definable area containing buildings, structures, sites, objects, landscape features or works of art or a combination thereof which are an outstanding example of a structure representative of an era, or one of the few remaining examples of a past Page 3 of 12 architectural style, or a site or structure associated with an event or person of historic or cultural significance, or a site of natural or aesthetic value that is continuing to contribute to the historical or cultural development and heritage of the City of Milton, Georgia. SECTION 2 DESIGNATION OF DISTRICT AND BOUNDARY DESCRIPTION From and after the passage of this Ordinance the following described land as shown on the attached map is and shall be designated locally as the Crabapple Historic District for the City of Milton, Georgia. Physical Boundary Description L E G A L D E S C R I P T I O N Crabapple Historic District within the City of Milton, Georgia All that tract or parcel of land lying and being located in Land Lots 1133, 1134, & 1135, District 2, Section 2, Fulton County, Georgia, within the City of Milton, and being more particularly described as follows: Beginning at a point at the intersection of the southwest right of way line of Mid-Broadwell Road (R/W varies) with the south line of Land Lot 1134, said point being the southeast corner of Tax Parcel ID 22 416111340214; THENCE leaving said southwest right of way line of Mid- Broadwell Road (R/W varies), North 89 degrees 24 minutes 09 seconds West for a distance of 382.18 feet along the south line of Land Lot 1134 and the south line of Tax Parcel ID 22 416111340214 to a point; THENCE leaving said south line of Land Lot 1134, North 21 degrees 42 minutes 52 seconds East for a distance of 105.95 feet along a portion of the west line of Tax Parcel ID 22 416111340214 to a point; THENCE South 87 degrees 22 minutes 53 seconds West for a distance of 184.00 feet along the south line of Tax Parcel ID 22 416111340271 to a point; THENCE South 89 degrees 51 minutes 49 seconds West for a distance of 112.55 feet along the south line of Tax Parcel ID 22 416111340263 to a point located on the east right of way line of Broadwell Road (R/W varies); THENCE North 01 degrees 49 minutes 48 seconds West for a Page 4 of 12 distance of 326.23 feet along the east right of way line of Broadwell Road (R/W varies) and the west line of Tax Parcel ID 22 416111340263 to a point; THENCE North 01 degrees 49 minutes 35 seconds West for a distance of 17.71 feet along the east right of way line of Broadwell Road (R/W varies) and a portion of the west line of Tax Parcel ID 22 416111340255 to a point; THENCE North 89 degrees 58 minutes 23 seconds West for a distance of 3.48 feet along a right of way offset in the east right of way line of Broadwell Road (R/W varies) and a portion of the west line of Tax Parcel ID 22 416111340255 to a point; THENCE North 00 degrees 41 minutes 32 seconds West for a distance of 60.21 feet along the east right of way line of Broadwell Road (R/W varies) and a portion of the west line of Tax Parcel ID 22 416111340255 to a point on the south right of way line of Mayfield Road (R/W varies); THENCE North 49 degrees 31 minutes 09 seconds West for a distance of 56.33 feet diagonally across the street intersection at the juncture of Broadwell Road, Crabapple Road, Birmingham Highway and Mayfield Road to a point at the intersection of the north right of way line of Crabapple Road (R/W varies) with the west right of way line of Birmingham Highway (R/W varies); THENCE South 72 degrees 22 minutes 13 seconds West for a distance of 129.50 feet along the north right of way line of Crabapple Road (R/W varies) and a portion of the south line of Tax Parcel ID 22 400111350068 to a point; THENCE North 08 degrees 18 minutes 57 seconds West for a distance of 10.13 feet along an offset in the north right of way line of Crabapple Road (R/W varies) and a portion of the south line of Tax Parcel ID 22 400111350068 to a point; THENCE South 72 degrees 22 minutes 13 seconds West for a distance of 69.50 feet along the north right of way line of Crabapple Road (R/W varies) and a portion of the south line of Tax Parcel ID 22 400111350068 to a point; THENCE North 09 degrees 43 minutes 29 seconds West for a distance of 3.34 feet along an offset in the north right of way line of Crabapple Road (R/W varies) and a portion of the south line of Tax Parcel ID 22 400111350068 to a point; THENCE South 72 degrees 12 minutes 35 seconds West for a distance of 8.17 feet along the north right of way line of Crabapple Road (R/W varies) and a portion of the south line of Tax Parcel ID 22 400111350340 to a point; THENCE South 17 degrees 56 minutes 20 seconds East for a Page 5 of 12 distance of 8.08 feet along an offset in the north right of way line of Crabapple Road (R/W varies) and a portion of the south line of Tax Parcel ID 22 400111350340 to a point; THENCE South 72 degrees 26 minutes 50 seconds West for a distance of 55.37 feet along the north right of way line of Crabapple Road (R/W varies) and a portion of the south line of Tax Parcel ID 22 400111350340 to a point; THENCE South 86 degrees 27 minutes 20 seconds West for a distance of 37.44 feet along the north right of way line of Crabapple Road (R/W varies) and a portion of the south line of Tax Parcel ID 22 400111350340 to a point; THENCE South 86 degrees 26 minutes 40 seconds West for a distance of 22.01 feet along the north right of way line of Crabapple Road (R/W varies) and a portion of the south line of Tax Parcel ID 22 400111350340 to a point; THENCE South 72 degrees 32 minutes 10 seconds West for a distance of 92.86 feet along the north right of way line of Crabapple Road (R/W varies) and a portion of the south line of Tax Parcel ID 22 400111350340 to a point; THENCE along a curve to the right having a radius of 20.00 feet and an arc length of 31.42 feet, being subtended by a chord of North 62 degrees 27 minutes 00 seconds West for a distance of 28.29 feet along the intersection miter of the north right of way line of Crabapple Road (R/W varies) with the east right of way line of Lecoma Trace (a 50' R/W) and the southwest line of Tax Parcel ID 22 400111350340, to a point; THENCE North 17 degrees 26 minutes 11 seconds West for a distance of 33.60 feet along the east right of way line of Lecoma Trace (a 50' R/W) and a portion of the west line of Tax Parcel ID 22 400111350340 to a point; THENCE along a curve to the right having a radius of 172.86 feet and an arc length of 26.16 feet, being subtended by a chord of North 13 degrees 06 minutes 04 seconds West for a distance of 26.13 feet along the east right of way line of Lecoma Trace (a 50' R/W) and a portion of the west line of Tax Parcel ID 22 400111350340, to a point; THENCE North 08 degrees 45 minutes 57 seconds West for a distance of 82.18 feet along the east right of way line of Lecoma Trace (a 50' R/W) and a portion of the west line of Tax Parcel ID 22 400111350340, to a point; THENCE leaving said east right of way line of Lecoma Trace (a 50 R/W) , North 72 degrees 26 minutes 21 seconds East for a distance of 73.85 feet along the north line of Tax Parcel ID 22 400111350340 to a point; THENCE North 79 degrees 44 minutes 33 seconds East for a Page 6 of 12 distance of 30.07 feet along the north line of Tax Parcel ID 22 400111350340 to a point; THENCE North 76 degrees 16 minutes 32 seconds East for a distance of 18.84 feet along the north line of Tax Parcel ID 22 400111350340 to a point; THENCE North 76 degrees 16 minutes 32 seconds East for a distance of 13.26 feet along the north line of Tax Parcel ID 22 400111350340 to a point; THENCE North 72 degrees 26 minutes 28 seconds East for a distance of 105.83 feet along the north line of Tax Parcel ID 22 400111350340 to a point; THENCE North 09 degrees 43 minutes 29 seconds West for a distance of 152.62 feet along a portion of the west line of Tax Parcel ID 22 400111350068 to a point on the southwest right of way line of Crabapple Circle (R/W varies); THENCE South 60 degrees 00 minutes 37 seconds East for a distance of 275.61 feet along the southwest right of way line of Crabapple Circle (R/W varies) and the northeast line of Tax Parcel ID 22 400111350068 to a point on the west right of way line of Birmingham Highway (Georgia Highway # 372, R/W varies); THENCE South 01 degrees 41 minutes 46 seconds West for a distance of 26.99 feet along the west right of way line of Birmingham Highway (Georgia Highway # 372, R/W varies) and a portion of the east line of Tax Parcel ID 22 400111350068 to a point; THENCE North 73 degrees 27 minutes 25 seconds East for a distance of 10.53 feet along a right of way offset in the west right of way line of Birmingham Highway (Georgia Highway # 372, R/W varies) and a portion of the east line of Tax Parcel ID 22 400111350068 to a point; THENCE North 77 degrees 54 minutes 14 seconds East for a distance of 42.87 feet across Birmingham Highway (Georgia Highway # 372, R/W varies) to a point on the east right of way line of Birmingham Highway and the west line of Tax Parcel ID 22 416111340040 to a point; THENCE North 00 degrees 53 minutes 28 seconds East for a distance of 57.77 feet along the east right of way line of Birmingham Highway (Georgia Highway # 372, R/W varies) and a portion of the west line of Tax Parcel ID 22 416111340040 to a point; THENCE North 03 degrees 21 minutes 59 seconds East for a distance of 53.72 feet along the east right of way line of Birmingham Highway (Georgia Highway # 372, R/W varies) and a portion of the west line of Tax Parcel ID 22 416111340040 to a point; Page 7 of 12 THENCE South 87 degrees 40 minutes 50 seconds East for a distance of 9.38 feet along a right of way offset in the east right of way line of Birmingham Highway (Georgia Highway # 372, R/W varies) and a portion of the west line of Tax Parcel ID 22 416111340040 to a point; THENCE North 00 degrees 40 minutes 49 seconds West for a distance of 19.76 feet along the east right of way line of Birmingham Highway (Georgia Highway # 372, R/W varies) and a portion of the west line of Tax Parcel ID 22 416111340040 to a point; THENCE North 88 degrees 13 minutes 16 seconds West for a distance of 8.10 feet along a right of way offset in the east right of way line of Birmingham Highway (Georgia Highway # 372, R/W varies) and a portion of the west line of Tax Parcel ID 22 416111340040 to a point; THENCE North 05 degrees 03 minutes 12 seconds East for a distance of 31.13 feet along the east right of way line of Birmingham Highway (Georgia Highway # 372, R/W varies) and a portion of the west line of Tax Parcel ID 22 416111340040 to a point; THENCE North 01 degrees 00 minutes 49 seconds East for a distance of 104.82 feet along the east right of way line of Birmingham Highway (Georgia Highway # 372, R/W varies) and a portion of the west line of Tax Parcel ID 22 416111340040 to a point; THENCE leaving said east right of way line of Birmingham Highway (Georgia Highway # 372, R/W varies), South 86 degrees 47 minutes 16 seconds East for a distance of 134.00 feet along the north line of Tax Parcel ID 22 416111340040 to a point; THENCE South 86 degrees 47 minutes 16 seconds East for a distance of 191.87 feet along the north line of Tax Parcel ID 22 416111340040 to a point; THENCE South 87 degrees 03 minutes 15 seconds East for a distance of 173.00 feet along the north line of Tax Parcel ID 22 416111340065 to a point; THENCE North 02 degrees 11 minutes 21 seconds East for a distance of 220.96 feet along a portion of the west line of Tax Parcel ID 22 416111340073 to a point; THENCE South 89 degrees 30 minutes 19 seconds East for a distance of 134.31 feet along the north line of Tax Parcel ID 22 416111340073 to a point; THENCE South 89 degrees 24 minutes 44 seconds East for a distance of 177.51 feet along the north line of Tax Parcel ID 22 416111340081 to a point; THENCE South 11 degrees 27 minutes 33 seconds East for a Page 8 of 12 distance of 335.72 feet along the east line of Tax Parcel IDs 22 416111340081 and 22 416111340099 to a point on the north right of way line of Mayfield Road (R/W varies); THENCE South 11 degrees 27 minutes 33 seconds East for a distance of 50.39 feet across Mayfield Road (R/W varies) to a point on the south right of way line of Mayfield Road; THENCE along a curve to the left having a radius of 2634.69 feet and an arc length of 83.12 feet, being subtended by a chord of North 72 degrees 03 minutes 32 seconds East for a distance of 83.11 feet along the south right of way line of Mayfield Road (R/W varies) and a portion of the north line of Tax Parcel ID 22 416111340412, to a point on the west right of way line of Charlotte Drive (R/W varies); THENCE North 65 degrees 23 minutes 53 seconds East for a distance of 52.93 feet along the south right of way line of Mayfield Road across Charlotte Drive (R/W varies) to a point on the east right of way line of Charlotte Drive; THENCE along a curve to the left having a radius of 4059.72 feet and an arc length of 238.95 feet, being subtended by a chord of North 69 degrees 38 minutes 58 seconds East for a distance of 238.91 feet along the south right of way line of Mayfield Road (R/W varies) and the north line of Tax Parcel ID 22 416111340420 to a point; THENCE leaving said south right of way line of Mayfield Road (R/W varies), South 06 degrees 02 minutes 20 seconds East for a distance of 356.29 feet along the east line of Tax Parcel ID 22 416111340420 to a point; THENCE South 79 degrees 49 minutes 48 seconds West for a distance of 166.83 feet along the south line of Tax Parcel ID 22 416111340420 to a point on the east right of way line of Charlotte Drive (R/W varies); THENCE South 79 degrees 49 minutes 48 seconds West for a distance of 55.33 feet across Charlotte Drive (R/W varies) to a point on the west right of way line of Charlotte Drive (R/W varies); THENCE along a curve to the left having a radius of 9389.50 feet and an arc length of 189.21 feet, being subtended by a chord of South 18 degrees 59 minutes 58 seconds East for a distance of 189.21 feet, along the west right of way line of Charlotte Drive (R/W varies) and a portion of the east line of Tax Parcel ID 22 416111340412 to a point; THENCE leaving said west right of way line of Charlotte Drive, South 81 degrees 13 minutes 57 seconds West for a distance of 211.48 feet along a portion of the south line of Tax Parcel ID 22 416111340412 to a point; THENCE South 15 degrees 55 minutes 30 seconds East for a Page 9 of 12 distance of 176.90 feet along the east line of Tax Parcel ID 22 416111340198 to a point; THENCE South 77 degrees 17 minutes 30 seconds West for a distance of 272.10 feet along the south line of Tax Parcel ID 22 416111340198 to a point on the northeast right of way line of Mid- Broadwell Road (R/W varies); THENCE South 70 degrees 22 minutes 13 seconds West for a distance of 61.66 feet across Mid-Broadwell Road (R/W varies) to a point at the intersection of the southwest right of way line of Mid- Broadwell Road (R/W varies) with the south line of Land Lot 1134 and the point of beginning. Together with and subject to covenants, easements, and restrictions of record. Said delineated Historic District contains 25.170 acres (including public roadways) and is more fully shown on a Crabapple Historic District Exhibit for City of Milton, GA, by Brumbelow-Reese and Associates, Inc., dated November 22, 2013, as revised January 10, 2014, bearing their job number 2013-035, and being identified as drawing CRAPPLE-HD-R1. Page 10 of 12 SECTION 3 HISTORIC DISTRICT AND OWNERSHIP THEREOF The properties included in the Crabapple Historic District and the owners thereof as shown on the current tax records are as follows: Parcel ID Physical Address Owner 22 416111340057 790 MAYFIELD RD RICH KOLB SALLY 22 400111350456 12680 CRABAPPLE RD WISHART WALK HOUSE LLC 22 400111350068 12690 CRABAPPLE RD PERIMETER OIL CO 22 416111340073 840 MAYFIELD RD FRAZIER VAL K 22 416111340099 860 MAYFIELD RD EIGHT SIXTY MAYFIELD ROAD LLC 22 416111340081 850 MAYFIELD RD TURNER WILLIAM S 22 416111340453 800 MAYFIELD RD EPH HOLDINGS LLC 22 416111340461 810 MAYFIELD RD PEDOWITZ HOLDINGS LLC 22 416111340065 830 MAYFIELD RD MILTON PRESERVATION GROUP LLC 22 416111340149 835 MAYFIELD RD COTTERMAN PATRICIA 22 416111340396 0 MAYFIELD RD RICH KOLB SALLY 22 416111340255 755 MID BROADWELL RD FLOOR 1 STATHAM PEARL G 22 416111340180 770 MID BROADWELL RD HUCKABAY MILLIE & ROBERT 22 416111340198 800 MID BROADWELL RD BENNETT PROPERTY DEVELOPMENTS LLC 22 416111340156 825 MAYFIELD RD TF & SF PROPERTIES LLC 22 416111340263 0 BIRMINGHAM ROSWELL CITY OF MILTON 22 416111340214 815 BROADWELL RD DAVENPORT LARRY G 22 416111340164 815 MAYFIELD RD MILTON PRESERVATION GROUP LLC 22 416111340412 855 MAYFIELD RD FULTON COUNTY 22 416111340271 785 BROADWELL RD RICH KOLB SALLY 22 416111340404 0 MID BROADWELL RD LUND KATHRYN E 22 416111340248 765 BROADWELL RD RICH SALLY P 22 416111340420 875 MAYFIELD RD SPARROW STAN W SECTION 4 HISTORIC DISTRICT BOUNDARIES ON THE OFFICIAL ZONING MAP Upon designation, the Historic District shall be shown on the official zoning maps of the City of Milton, Georgia and kept as a public record to provide notice of such designation. Page 11 of 12 SECTION 5 CERTIFICATE OF APPROPRIATENESS Upon the effective date of this Ordinance no material change in the exterior appearance of any structure, site, object or work of art upon property located in the designated Historic District shall be made or be permitted to be made by the owner or occupant thereof, unless or until the application for a Certificate of Appropriateness has been submitted to and approved by the City of Milton Historic Preservation Commission. SECTION 6 REPEAL OF CONFLICTING PROVISIONS All Ordinances and parts of Ordinances in conflict herewith are hereby repealed. SECTION 7 SEVERABILITY If any portion of this Ordinance shall be held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect or impair the remaining portions unless is clearly appears that such other parts are wholly and necessarily dependent upon the part held to be invalid or unconstitutional. SECTION 8 EFFECTIVE DATE The effective date of this Ordinance shall be upon approval by the Council of the City of Milton, Georgia. Page 12 of 12 SO ORDAINED this 20th day of October, 2014. Approved: _______________________ Joe Lockwood, Mayor Attest: _______________________________ Sudie AM Gordon, City Clerk (SEAL) ROME OF ` Ilk M I L ESTAM ISIIFD 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: October 9, 2014 FROM: City Manager AGENDA ITEM: Consideration of a Resolution Authorizing the Offering for Sale of Transferable Development Rights in Certain City -Owned Property; Authorizing the Imposition of a Conservation Easement and/or Public Access Easement on Said City Property; and for Other Purposes. MEETING DATE: Monday, October 20, 2014 Regular City Council Meeting BACKGROUND INFORMATION: {Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: APPROVED O NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: YES ONO CITY ATTORNEY REVIEW REQUIRED:\ YES ONO APPROVAL BY CITY ATTORNEY (APPROVED O NOT APPROVED PLACED ON AGENDA FOR: /0 2 o ) 4 REMARKS 14 © you(m PHONE: 678.242.25001 FAX: 678.242.2499 Gr'e'en ­_v infoftiltyofmiltonga.us I www.cityofmiltonga.us u i Community 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 !Certified * Top 100 City of %,,. IV M To: Honorable Mayor and City Council Members From: Kathleen Field, Community Development Director Date: Submitted on September 22, 2014 for the October 6, 2014 Regular Council Meeting and October 20, 2014 Regular Council Meeting Agenda Item: A Resolution Authorizing the Offering for Sale of Transferable Development Rights in Certain City-Owned Property; Authorizing the Imposition of a Conservation Easement and/or Public Access Easement on Said City Property; and for Other Purposes. Department Recommendation: Approve. Executive Summary: This is a request to authorize the sale of four Transfer of Development Rights credits to assist an assisted-living developer with his density requirements. The City gained some TDR credits when it acquired acreage for the Bell Park Project. As part of this transaction, the City will impose a conservation easement on the acreage for which the development rights are sold. This sale will establish the process for future TDR transactions by the private sector. Funding and Fiscal Impact: Increase of revenue based on sale price. Alternatives: None. Legal Review: Larry Ramsey, Jarrard & Davis on September 5, 2014 Concurrent Review: Chris Lagerbloom, City Manager Attachment: Resolution STATE OF GEORGIA RESOLUTION NO. RZ14-14 COUNTY OF FULTON A RESOLUTION AUTHORIZING THE OFFERING FOR SALE OF TRANSFERABLE DEVELOPMENT RIGHTS IN CERTAIN CITY-OWNED PROPERTY; AUTHORIZING THE IMPOSITION OF A CONSERVATION EASEMENT AND/OR PUBLIC ACCESS EASEMENT ON SAID CITY PROPERTY; AND FOR OTHER PURPOSES. WHEREAS, the City of Milton has established, by ordinance, a Transfer of Development Rights (“TDR”) Program in the areas contained within the Crabapple Regulating Plan and Deerfield/Highway 9 Regulating Plan (City Code of Ordinances Ch. 64, Art. XIX and XX); and WHEREAS, City Code of Ordinances Ch. 64, Art. XX, Sec. 1.7.5 authorizes the City to sever and sell development rights from certain City-owned property; and WHEREAS, the City of Milton is the owner of certain real property located at 15260 Bell Park Drive (3.039 ac), 0 Bell Park Drive (1.0 ac), 15315 Thompson Road (3.06 ac), 15165 Hopewell Road (3.0 ac), and 15155 Hopewell Road (3.819 ac) (collectively the “Bell Memorial Park Property”); and WHEREAS, the City Council finds that the Bell Memorial Park Property meets the standards of City Code of Ordinances Ch. 64, Art. XX, Sec. 1.7.5 for the severance, sale and transfer of development rights; and WHEREAS, the City Council further finds that the sale of development rights in the Bell Memorial Park Property will promote the public health, safety, and welfare and will otherwise be in the public interest by, among other things: 1. Providing permanent protection against commercial development on, and ensuring permanent public access to, the Bell Memorial Park Property; and 2. Providing a catalyst to full implementation of the City’s TDR Program by initiating the first market transaction for sale, purchase, and use of transferable development rights within the City; NOW, THEREFORE, IT IS HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF MILTON, GEORGIA, AS FOLLOWS: SECTION 1: The execution and recordation of a conservation easement and/or public access easement upon the Bell Memorial Park Property, in accordance with Ch. 64, Art. XX, Sec. 1.7.4 of the City Code of Ordinances, is hereby authorized. 2 SECTION 2: The City Manager and/or his designee is hereby authorized to commence the administrative procedures for sale of the Bell Memorial Park Property’s transferable development rights in accordance with City Code of Ordinances § 2-390 and O.C.G.A. § 36-37- 6. SECTION 3: Upon completion of the procedures outlined in Section 2 of this Resolution, final documentation transferring the Bell Memorial Park Property’s transferable development rights shall be submitted to the Council for approval and ratification. SECTION 4: All resolutions and parts of resolutions in conflict herewith are hereby repealed. SECTION 5: This Resolution shall become effective upon its adoption by the City Council and execution by the Mayor in accordance with the City Charter. BE IT SO RESOLVED, this 20th day of October, 2014, by the Council of the City of Milton, Georgia. Approved: __________________________________ Joe Lockwood, Mayor Attest: _________________________________ Sudie AM Gordon, City Clerk HOME OF' -E MIL-I'--ON*k ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: October 14, 2014 FROM: City Manager AGENDA ITEM: Consideration of a Resolution Appointing a Member to the City of Milton Design Review Board for District 2/Post 1. MEETING DATE: Monday, October 20, 2014 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (APPROVED O NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: () YES k NO CITY ATTORNEY REVIEW REQUIRED: O YES x NO APPROVAL BY CITY ATTORNEY () APPROVED () NOT APPROVED PLACED ON AGENDA FOR: G -2—o14 REMARKS qkt4 in Your PHONE: 678.242.25001 FAX: 678.242.2499 info@cityofmiltonga.us I www.cityotmiltonga.us 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 :ween'` 4' Community *ce�c,r�t* ,oP;oo Ciry„F `J STATE OF GEORGIA COUNTY OF FULTON RESOLUTION NO. A RESOLUTION APPOINTING A MEMBER TO THE CITY OF MILTON DESIGN REVIEW BOARD FOR DISTRICT 2/POST 1 BE IT RESOLVED by the City Council of the City of Milton, GA while in regular session on the 20th day of October 2014 at 6:00 pm. as follows: SECTION 1. That _______________ (District 2/Post 1) is hereby appointed for a term commencing October 20, 2014 and ending December 31, 2017; and SECTION 2. That this Resolution shall become effective upon its adoption; RESOLVED this 20th day of October, 2014. Approved: __________________________ Attest: Joe Lockwood, Mayor ____________________________________ Sudie AM Gordon, City Clerk (Seal)