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HomeMy WebLinkAboutAgenda Packet CC - 07/06/2015 - City Council Agenda PacketJoe Lockwood, Mayor CITY COUNCIL Karen Thurman Matt Kunz Bill Lusk Burt Hewitt Joe Longoria Rick Mohrig CITY COUNCIL CHAMBERS City Hall, Suite 107E Monday, July 6, 2015 Regular Council Meeting Agenda 6:00 PM INVOCATION - Reverend Mark Jones, Youth Director, Birmingham United Methodist 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. 15-172) 4) PUBLIC COMMENT MILTON CITY COUNCIL REGULAR COUNCIL MEETING JULY 6, 2015 Page 2 of 4 Persons needing special accommodations in order to participate in any City meeting should call 678-242-2500. 5) CONSENT AGENDA 1. Approval of the June 8, 2015 Work Session Meeting Minutes. (Agenda Item No. 15-173) (Sudie Gordon, City Clerk) 2. Approval of the June 15, 2015 Regular City Council Meeting Minutes. (Agenda Item No. 15-174) (Sudie Gordon, City Clerk) 3. Approval of the June 24, 2015 Special Called City Council Meeting Minutes. (Agenda Item No. 15-175) (Sudie Gordon, City Clerk) 4. Approval of a Construction Services Agreement between the City of Milton and Blount Construction, Inc. for the “Oakhurst Leaf Drive Stormwater Improvement Project”. (Agenda Item No. 15-176) (Carter Lucas, Assistant City Manager) 5. Approval of a Professional Services Contract to Provide Master Planning Services for the Live Fire Training Building and Fire/Public Works Storage Facility. (Agenda Item No. 15-177) (Carter Lucas, Assistant City Manager) 6. Approval of a Change Order to the Professional Services Agreement between the City of Milton and Tunnell-Spangler & Associates, Inc. for the Purpose of Conducting Additional Public Information Meetings Regarding the Development of a Form-Based Code for Arnold Mill Area. (Agenda Item No. 15-178) (Kathleen Field, Community Development Director) 7. Approval of a Cancellation of Claim of Lien at 14220 Cogburn Road. (Agenda Item No. 15-179) (Carter Lucas, Assistant City Manager) 8. Approval of a Professional Services Contract with Barge, Waggoner, Sumner & Cannon, Inc. to Provide Bridge Inspection Services for Three Bridges. (Agenda Item No. 15-180) (Carter Lucas, Assistant City Manager) 9. Approval of a Construction Services Agreement between the City of Milton and Blount Construction, Inc. for the “13590 Weycroft Circle Stormwater System Improvements”. (Agenda Item No. 15-181) (Carter Lucas, Assistant City Manager) MILTON CITY COUNCIL REGULAR COUNCIL MEETING JULY 6, 2015 Page 3 of 4 Persons needing special accommodations in order to participate in any City meeting should call 678-242-2500. 6) REPORTS AND PRESENTATIONS 1. Presentation of American Heart Association, 2015 Mission Lifeline, Cares Award. (Chief Robert Edgar, City of Milton Fire Department) 2. Proclamation Recognizing Hopewell Youth Association. (Presented by Mayor Joe Lockwood) 3. Proclamation Recognizing Eagle Stix Rec Inc. (Presented by Mayor Joe Lockwood) 7) FIRST PRESENTATION 1. Consideration of RZ15-13 – 3225 Francis Road by Sexto Omar Martinez Rivera to Rezone from AG-1 (Agricultural) to R-3 (Residential) to Develop 2 Single Family Residences. (Agenda Item No. 15-182) (Kathleen Field, Community Development Director) 2. Consideration of an Ordinance to Create a Conservation Subdivision – Chapter 50, Article V of the City Code of Milton. (Agenda Item No. 15-183) (Kathleen Field, Community Development Director) 3. Consideration of an Ordinance of the Mayor and Council of the City of Milton, Georgia, to Fix the Ad Valorem Tax Rate of the City of Milton for Fiscal Year 2015; and for Other Purposes. (Agenda Item No. 15-184) (Stacey Inglis, Assistant City Manager) 8) PUBLIC HEARING 1. Consideration of an Ordinance of the Mayor and Council of the City of Milton, Georgia, to Fix the Ad Valorem Tax Rate of the City of Milton for Fiscal Year 2015; and for Other Purposes. (Agenda Item No. 15-184) (First Presentation at July 6, 2015 Regular Council Meeting) (Stacey Inglis, Assistant City Manager) 2. Consideration of a Resolution of the City of Milton, Georgia Regarding Possible Extension to Existing 90 Day Moratorium Barring Acceptance of Applications for Land Disturbance Permits for Residential Development on Property in the R-1, R-2, T-2 and AG-1 Zoning Districts. (Agenda Item No. 15-185) (Ken Jarrard, City Attorney) MILTON CITY COUNCIL REGULAR COUNCIL MEETING JULY 6, 2015 Page 4 of 4 Persons needing special accommodations in order to participate in any City meeting should call 678-242-2500. 9) ZONING AGENDA (None) 10) UNFINISHED BUSINESS (None) 11) NEW BUSINESS 1. Consideration of a Resolution of the City of Milton, Georgia Regarding Possible Extension to Existing 90 Day Moratorium Barring Acceptance of Applications for Land Disturbance Permits for Residential Development on Property in the R-1, R-2, T-2 and AG-1 Zoning Districts. (Agenda Item No. 15-185) (Public Hearing Held at July 6, 2015 Regular City Council Meeting) (Ken Jarrard, City Attorney) 2. Consideration of a Resolution Appointing a Member to the City of Milton Design Review Board for District 3/Post 1. (Agenda Item No. 15-186) (Mayor Joe Lockwood) 3. Consideration of a Professional Probation Services Agreement Between Chief Judge Brian Hansford, in his Official Capacity as the Chief Judge of the Milton Municipal Court and Integrity Supervision Services, LLC as a Private Probation Provider by the City of Milton as the Governing Authority. (Agenda Item No. 15-187) (Chris Lagerbloom, City Manager) 12) MAYOR AND COUNCIL REPORTS 13) STAFF REPORTS Department Updates 1. Police 2. Public Works 3. Parks and Recreation 4. Community Development 5. Economic Development 14) EXECUTIVE SESSION (if needed) 15) ADJOURNMENT (Agenda Item No. 15-188) The minutes were provided electronically HOME= OF' IV `IlLtONt' ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: June 24, 2015 FROM: City Manager AGENDA ITEM: Approval of a Construction Services Agreement between the City of Milton and Blount Construction, Inc. for the "Oakhurst Leaf Drive Stormwater Improvement Project". MEETING DATE: Monday, July 6, 2015 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: APPROVED O NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: 0 YES O NO CITY ATTORNEY REVIEW REQUIRED: P -YES O NO APPROVAL BY CITY ATTORNEY APPROVED PLACED ON AGENDA FOR: 6 '766 S REMARKS () NOT APPROVED 9110 Youln - * * * PHONE: 678.242.2500 FAX: 678.242.2494 Green ` : '°P,°d I cats „i infoityofmiltonga.us I www.citycfmiltonga.us tit® COmmunit 13000 Deerfield Parkway. Suite 107 1 Milton GA 30004@ci��� Page 1 of 2 To: Honorable Mayor and City Council Members From: James Seeba, Stormwater Engineer, Public Works Department Date: Submitted on June 12, 2015 for the July 6, 2015 Regular Council Meeting Agenda Item: Approval of a Construction Services Agreement between the City of Milton and Blount Construction, Inc. for the “Oakhurst Leaf Drive Stormwater Improvement Project”. ____________________________________________________________________________ Department Recommendation: Approval. Executive Summary: This project generally consists of clearing and excavating a drainage ditch (easement) and cleaning and inspecting (video) 2 stormwater drainage system pipes. The existing ditch and drain pipes have become deteriorated and clogged. Failure to perform these repairs at this time would result in flooding and further deterioration of pipes and possibly the roadway fill. In accordance with the city procurement procedures, 3 written bids were solicited to secure a qualified contractor to complete this project. Blount Construction, Inc. was determined to be the lowest reliable bidder. Staff is recommending approval of a Construction Services Agreement with Blount Construction, Inc. in the amount of $20,230.00. Table 1. Bid Summary Firm Bid Strickland Construction, Inc. $44,680.00 Blount Construction, Inc. $20,230.00 Layne Inliner, Inc. $48,085.00 Page 2 of 2 Funding and Fiscal Impact: Funding for this project is available in the Public Works Stormwater Maintenance budget in the Public Works Department. Alternatives: There are no alternatives to this project. Legal Review: Jarrard & Davis, LLP – Paul Higbee, 5/18/2015 Concurrent Review: Chris Lagerbloom, City Manager Attachment(s): Construction Services Agreement !+OME OF M I LTO N CONSTRUCTION SERVICES AGREEMENT FOR OAKHURST LEAF DRIVE STORMWATER IMPROVEMENT PROJECT This Agreement (the "Agreement") to provide stormwater improvements is made and entered into this _ day of , 2015, by and between the CITY OF MILTON, a municipal corporation of the State of Georgia, acting by and through its governing authority, the Milton City Council (hereinafter referred to as the "City"), Blount Construction Company, Inc. (hereinafter referred to as the "Contractor") having its principal place of business at 1730 Sands Place, Marietta, Georgia 30067, WITNESSETH: WHEREAS, the City issued an Invitation to Bid for the Oakhurst Leaf Drive Stormwater Improvement Project; and WHEREAS, based upon Contractor's bid to complete these drainage improvement, as required by the bid documents, the City has selected Contractor as the winning bidder, and WHEREAS, Contractor has agreed to perform such work as set forth in this Agreement, according to the terms and conditions provided in this Agreement; and WHEREAS, Contractor has familiarized itself with the nature and extent of the Contract Documents, the Project, and the Work, with all local conditions and federal, state and local laws, ordinances, rules and regulations in any manner that may affect cost, progress or performance of work, and Contractor is aware that he must be licensed to do business in the State of Georgia. NOW THEREFORE, the City and Contractor, in consideration of the mutual promises contained herein and other good and valuable consideration, the sufficiency of which is hereby acknowledged, agree as follows: Section I Contract Documents The following documents are incorporated herein by reference and constitute the Contract Documents: A. This Agreement (18 Pages); B. Invitation to Bid ITB (6 Pages), attached hereto as Exhibit "A"; C. Bid from Contractor (1 Page), attached hereto as Exhibit "B"; D. Performance and Other Bonds, attached hereto collectively as Exhibit "C"; E. Non -collusion Affidavit of Prime Proposer, attached hereto as Exhibit "D", F. Contractor Affidavit and Agreement, attached hereto as Exhibit "E' G. Subcontractor Affidavit, attached hereto as Exhibit "F",- H. F"; H. Plans and specifications, attached hereto collectively as Exhibit ``G % I. Final Affidavit, attached hereto as Exhibit "H", J. The following which may be delivered or issued after the Effective Date of the Agreement and are not attached hereto: All Written Amendments and other documents amending, modifying, or supplementing the Contract Documents if properly adopted in writing and executed by the Parties; and K. City of Milton Code of Ethics. In the event of any discrepancy among the Contract Documents, that provision that inures most to the benefit of the City, as determined by the City in its sole discretion, shall govern. Section 2 Project Description The scope of this project generally consists of the improvements to a drainage easement, storm drainage ditch, storm drain cleaning, and video monitoring of the storm drainage system. Section 3 The Work The Work is specified and indicated in the Contract Documents (the "Work"). In the event of any discrepancy among the Contract Documents, the provision operating most to the benefit of the City, as determined by the City in its sole discretion, shall govern. The Work previously described includes all material, labor, insurance, tools, equipment, and any other miscellaneous items necessary to complete the Work as described. Contractor shall complete the Work in strict accordance with the Contract Documents. Section 4 Contract Time This Contract shall take effect on . Contractor agrees to complete the Project within 30 calendar days from the date of Notice to Proceed. Every effort will be made by Contractor to shorten this period. 2 Section 5 Contractor's Compensation; Time and Method of Pa ment A. The total amount paid under this Agreement shall not, in any case, exceed $20,230.00 except as outlined in Section 6 below. City agrees to pay the Contractor for the work upon certification by the City that the Work was actually performed and costs actually incurred in accordance with the Agreement. This amount shall include all use, lease, or other taxes, and all expenses for personnel and equipment (including fuel) that Contractor will incur to provide the Work. Unless otherwise agreed in writing signed by both Parties, the compensation payable by the City to Contractor is limited to the price amount set forth in the Proposal Submittal Form, and City will not pay any other sum attributable to taxes, costs or expenses that Contractor may incur in providing the Work. B. Compensation for Work performed shall be paid to the Contractor upon receipt and approval by the City of invoices setting forth in detail the Work performed. Invoices shall be submitted on a monthly basis, and such invoices shall reflect charges incurred versus charges budgeted. Each invoice shall be accompanied by an Interim Waiver and Release upon Payment (or a Waiver and Release upon Final Payment in the case of the invoice for final payment) procured by the Contractor from all subcontractors in accordance with O.C.G.A. § 44-14-366. C. As long as the gross value of the completed work is less than 50% of the total contract amount and/or when satisfactory progress has not been achieved by the Contractor during any period for which payment is to be made, the City may retain a percentage of said payment, not to exceed ten percent (10%) of the maximum Contract Price to ensure performance of the Agreement. Said cause and progress shall be determined by the City, in its sole discretion, based on its assessment of any past performance of the Contractor and likelihood that such performance will continue. Upon completion of all contract requirements, retained amounts shall be paid promptly less any offsets or deductions authorized hereunder or by law. D. Any material deviations in tests or inspections performed, times or locations required to complete such tests or inspections and like deviations from the Work described in this Agreement shall be clearly communicated to the City before charges are incurred and shall be handled through change orders or construction change directives as described in Section 6 below. All invoices should be submitted to Rick Pearce (Budget and Procurement Coordinator), for approval. The City shall pay the Contractor within thirty (30) days after approval of the invoice by the City. No payments will be made for unauthorized work. Payment will be sent to the designated address by U.S. Mail only; payment will not be hand -delivered. E. The City may withhold payment or final payment for reasons including, but not limited to, the following: unsatisfactory job performance or progress, defective work, disputed work, failure to comply with material provisions of the Agreement, third party claims filed or reasonable evidence that a claim will be filed or other reasonable cause. Section 6 Work Chances A. The City reserves the right to order changes in the Work to be performed under this Agreement by altering, adding to, or deducting from the Work. All such changes shall be incorporated in written change orders executed by the Contractor and the City. Such change orders shall specify the changes ordered and any necessary adjustment of compensation and completion time. If the Parties cannot reach an agreement on the terms for performing the changed work within a reasonable time to avoid delay or other unfavorable impacts as determined by the City in its sole discretion, the City shall have the right to determine reasonable terms and the Contractor shall proceed with the changed work. B. Any work added to the scope of this Agreement by a change order shall be executed under all the applicable conditions of this Agreement. No claim for additional compensation or extension of time shall be recognized, unless contained in a written change order duly executed on behalf of the City and the Contractor. C. The City Manager has authority to execute without further action of the Milton City Council, any number of change orders so long as their total effect does not materially alter the terms of this Agreement or materially increase the total amount to be paid under this Agreement. Any such change orders materially altering the terms of this Agreement or increasing the total amount to be paid under this Agreement in excess of $10,000, must be approved by resolution of the Milton City Council. Section 7 Covenants of Contractor. A. Ethics Code Contractor agrees that it shall not engage in any activity or conduct that would be in violation of the City of Milton Code of Ethics. B. Time is of the Essence Contractor specifically acknowledges that TIME IS OF THE ESSENCE for completion of the Project. C. Expertise of Contractor Contractor accepts the relationship of trust and confidence established between it and the City, recognizing that the City's intention and purpose in entering into this Agreement is to engage an entity with the requisite capacity, experience, and professional skill and judgment to provide the services in pursuit of the timely and competent completion of the Work undertaken by Contractor under this Agreement. 4 D. Budgetary Limitations Contractor agrees and acknowledges that budgetary limitations are not a justification for breach of sound principals of Contractor's profession and industry. Contractor shall take no calculated risk in the performance of the Work. Specifically, Contractor agrees that, in the event it cannot perform the Work within the budgetary limitations established without disregarding sound principals of Contractor's profession and industry, Contractor will give written notice immediately to the City. E. City's Reliance on the Work The Contractor acknowledges and agrees that the City does not undertake to approve or pass upon matters of expertise of the Contractor and that; therefore, the City bears no responsibility for Contractor's services performed under this Agreement. The Contractor acknowledges and agrees that the acceptance of Work by the City is limited to the function of determining whether there has been compliance with what is required to be produced under this Agreement. The City will not, and need not, inquire into adequacy, fitness, suitability or correctness of Contractor's performance. Contractor further agrees that no approval of designs, plans, specifications, or work by any person, body or agency shall relieve Contractor of the responsibility for adequacy, fitness, suitability, and correctness of Contractor's professional and industry standards or for performing services under this Agreement in accordance with sound and accepted professional and industry principals. F. Contractor's Reliance of Submissions by the City Contractor must have timely information and input from the City in order to perform the services required under this Agreement. Contractor is entitled to rely upon information provided by the City, but Contractor shall be required to provide immediate written notice to the City if Contractor knows or reasonably should know that any information provided by the City is erroneous, inconsistent, or otherwise problematic. G. Contractor's Representative "it o 6,^ shall be authorized to act on Contractor's behalf with respect to the Work as Contractor's designated representative. H. Assignment of Agreement The Contractor covenants and agrees not to assign or transfer any interest in, nor delegate any duties of this Agreement, without the prior express written consent of the City. I. Responsibility of Contractor and Indemnification of Cit The Contractor covenants and agrees to take and assume all responsibility for the services rendered in connection with this Agreement. The Contractor shall bear all losses and damages directly or indirectly resulting to it on account of the performance or character of the services rendered pursuant to this Agreement. Contractor shall defend, indemnify and hold harmless the City, its officers, boards, commissions, elected and appointed officials, employees and agents from and against any and all claims, suits, actions, liability, judgments, damages, losses, and expenses, including but not limited to, attorney's fees, which may be the result of willful, negligent or tortuous conduct arising out of the Work, performance of contracted services, or operations by the Contractor, any subcontractor, anyone directly or indirectly employed by the Contractor or subcontractor or anyone for whose acts the Contractor or subcontractor may be liable, regardless of whether or not the negligent act is caused in part by a party indemnified hereunder. Such obligation shall not be construed to negate, abridge, or otherwise reduce any other right or obligation of indemnity which would otherwise exist as to any party or person described in this provision. In any and all claims against the City or any of its agents or employees, by any employee of the Contractor, any subcontractor, anyone directly or indirectly employed by the Contractor or subcontractor or anyone for whose acts the Contractor or subcontractor may be liable, the indemnification obligation set forth in this provision shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the Contractor or any subcontractor under workers' or workmen's compensation acts, disability benefit acts or other employee benefit acts. This obligation to indemnify and defend the City, its members, officers, agents, employees and volunteers shall survive termination of this Agreement. Contractor shall not be required to indemnify the City or its officers, boards, commissions, elected or appointed officials, employees or agents against liability or claims for damages, losses, or expenses, including attorney fees, arising out of bodily injury to persons, death, or damage to property caused by or resulting from the sole negligence of the City or its officers, boards, commissions, elected or appointed officials, employees or agents. J. Independent Contractor Contractor hereby covenants and declares that it is engaged in an independent business and agrees to perform the services as an independent contractor and not as the agent or employee of the City. The Contractor agrees to be solely n responsible for its own matters relating to the time and place the services are performed; the instrumentalities, tools, supplies and/or materials necessary to complete the services; hiring of Contractors, agents or employees to complete the services; and the payment of employees, including compliance with Social Security, withholding and all other regulations governing such matters. The Contractor agrees to be solely responsible for its own acts and those of its subordinates, employees, and subcontractors during the life of this Agreement. Any provisions of this Agreement that may appear to give the City the right to direct Contractor as to the details of the services to be performed by Contractor or to exercise a measure of control over such services will be deemed to mean that Contractor shall follow the directions of the City with regard to the results of such services only. The Contractor shall obtain and maintain, at the Contractor's expense, all permits, licenses, or approvals that may be necessary for the performance of the services. The Contractor shall furnish copies of all such permits, licenses, or approvals to the City of Milton Representative within ten (10) days after issuance. Inasmuch as the City of Milton and the Contractor are contractors independent of one another neither has the authority to bind the other to any third person or otherwise to act in any way as the representative of the other, unless otherwise expressly agreed to in writing signed by both parties hereto. The Contractor agrees not to represent itself as the City's agent for any purpose to any party or to allow any employee of the Contractor to do so, unless specifically authorized, in advance and in writing, to do so, and then only for the limited purpose stated in such authorization. The Contractor shall assume full liability for any contracts or agreements the Contract enters into on behalf of the City of Milton without the express knowledge and prior written consent of the City. K. Insurance (1) Requirements: The Contractor shall have and maintain in full force and effect for the duration of this Agreement, insurance insuring against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Work by the Contractor, its agents, representatives, employees or subcontractors. All policies shall be subject to approval by the City Attorney to form and content. These requirements are subject to amendment or waiver if so approved in writing by the City Manager. (2) Minimum Limits of Insurance: Contractor shall maintain limits no less than: (a) Comprehensive General Liability of $1,000,000 combined single limit per occurrence for bodily and personal injury, sickness, disease or death, injury to or destruction of property, including loss of use resulting there from. 7 (b) Comprehensive Automobile Liability (owned, non -owned, hired) of $1,000,000 combined single limit per occurrence for bodily and personal injury, sickness, disease or death, injury to or destruction of property, including loss of use resulting there from. (c) Professional Liability of $1,000,000 limit for claims arising out of professional services caused by the Contractor's errors, omissions, or negligent acts. (d) Workers' Compensation limits as required by the State of Georgia and employers Liability limits of $1,000,000 per accident. (3) Deductibles and Self -Insured Retentions: Any deductibles or self-insured retentions must be declared to and approved by the City. (4) Other Insurance Provisions: The policy is to contain, or be endorsed to contain, the following provisions: (a) General Liability and Automobile Liability Coverage. (i) The City, its officials, employees, agents and volunteers are to be covered as insured as respects: liability arising out of activities performed by or on behalf of the Contractor; products and completed operations of the Contractor; premises owned, leased, or used by the Contractor; automobiles owned, leased, hired, or borrowed by the Contractor. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officials, employees, agents or volunteers. (ii) The Contractor's insurance coverage shall be primary noncontributing insurance as respects to any other insurance or self-insurance available to the City, its officials, employees, agents or volunteers. Any insurance or self-insurance maintained by the City, its officials, employees or volunteers shall be excess of the Contractor's insurance and shall not contribute with it. (iii) Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its officials, employees, agents or volunteers. (iv) Coverage shall state that the Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (v) Coverage shall be provided on a "pay on behalf' basis, with defense costs payable in addition to policy limits. There shall be no cross liability exclusion. (vi) The insurer agrees to waive all rights of subrogation against the City, its officials, employees, agents and volunteers for losses arising from work performed by the Contractor for the City. (vii) All endorsements to policies shall be executed by an authorized representative of the insurer. (b) Workers' Compensation Coverage: The insurer will agree to waive all rights of subrogation against the City, its officials, employees, agents and volunteers for losses arising from work performed by the Contractor for the City. (c) All Coverages: (i) Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled, reduced in coverage or in limits except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. (ii) Policies shall have concurrent starting and ending dates. (iii) Policies shall include an endorsement incorporating the Indemnification obligations assumed by the Contractor under the terms of this Agreement, including but not limited to Section 7(I) of this Agreement. (5) Acceptability of Insurers: Insurance is to be placed with insurers with an A.M. Bests' rating of no less than A: VII. (6) Verification of Coverage: Contractor shall furnish the City with certificates of insurance and endorsements to the policies evidencing coverage required by this clause prior to the start of work. The certificates of insurance and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificate of insurance and endorsements shall be on a form utilized by Contractor's insurer in its normal course of business and shall be received and approved by the City prior to execution of this Agreement by the City. 9 The City reserves the right to require complete, certified copies of all required insurance policies, at any time. The Contractor shall provide proof that any expiring coverage has been renewed or replaced at least two (2) weeks prior to the expiration of the coverage. (7) Subcontractors: Contractor shall include all subcontractors as insured under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverage for subcontractors shall be subject to all of the requirements stated in this Agreement, including but not limited to naming the parties as additional insured. (S) Claims -Made Policies: Contractor shall extend any claims -made insurance policy for at least six (6) years after termination or final payment under the Agreement, whichever is later. (9) Cily as Additional Insured and Loss Payee: The City shall be named as an additional insured and loss payee on all policies required by this Agreement. L. Employment of Unauthorized Aliens Prohibited E-VerifyAffidavits It is the policy of the City of Milton that unauthorized aliens shall not be employed to perform work on City contracts involving the physical performance of services. Therefore, the City shall not enter into a contract for the physical performance of services within the State of Georgia unless: (1) the Contractor shall provide evidence on City -provided forms, attached hereto as Exhibits "E" and "F" (affidavits regarding compliance with the E -Verify program to be sworn under oath under criminal penalty of false swearing pursuant to O.C.G.A. § 16-10-71), that it and Contractor's subcontractors have conducted a verification, under the federal Employment Eligibility Verification ("EEV" or "E -Verify") program, of the social security numbers, or other identifying information now or hereafter accepted by the E -Verify program, of all employees who will perform work on the City contract to ensure that no unauthorized aliens will be employed, or (2) the Contractor provides evidence that it is not required to provide an affidavit because it is licensed pursuant to Title 26 or Title 43 or by the State Bar of Georgia and is in good standing as of the date when the contract for services is to be rendered. The Contractor hereby verifies that it has, prior to executing this Agreement, executed a notarized affidavit, the form of which is provided in Exhibit "E", and 10 submitted such affidavit to City or provided the City with evidence that it is not required to provide such an affidavit because it is licensed and in good standing as noted in subsection (2) above. Further, Contractor hereby agrees to comply with the requirements of the federal Immigration Reform and Control Act of 1986 (IRCA), P.L. 99-603, O.C.G.A. § 13-10-91 and Rule 300-10-1-.02. In the event the Contractor employs or contracts with any subcontractor(s) in connection with the covered contract, the Contractor agrees to secure from such subcontractor(s) attestation of the subcontractor's compliance with O.C.G.A. § 13-10-91 and Rule 300-10-1-.02 by the subcontractor's execution of the subcontractor affidavit, the form of which is attached hereto as Exhibit "F", which subcontractor affidavit shall become part of the contractor/subcontractor agreement, or evidence that the subcontractor is not required to provide such an affidavit because it is licensed and in good standing as noted in subsection (2) above. If a subcontractor affidavit is obtained, Contractor agrees to provide a completed copy to the City within five (5) business days of receipt from any subcontractor. Where Contractor is required to provide an affidavit pursuant to O.C.G.A. § 13- 10-91, the City Manager or his/her designee shall be authorized to conduct an inspection of the Contractor's and Contractor's subcontractors' verification process at any time to determine that the verification was correct and complete. The Contractor and Contractor's subcontractors shall retain all documents and records of their respective verification process for a period of three (3) years following completion of the contract. Further, where Contractor is required to provide an affidavit pursuant to O.C.G.A. § 13-10-91, the City Manager or his/her designee shall further be authorized to conduct periodic inspections to ensure that no City Contractor or Contractor's subcontractors employ unauthorized aliens on City contracts. By entering into a contract with the City, the Contractor and Contractor's subcontractors agree to cooperate with any such investigation by making their records and personnel available upon reasonable notice for inspection and questioning. Where a Contractor or Contractor's subcontractors are found to have employed an unauthorized alien, the City Manager or his/her designee may report same to the Department of Homeland Security. The Contractor's failure to cooperate with the investigation may be sanctioned by termination of the contract, and the Contractor shall be liable for all damages and delays occasioned by the City thereby. Contractor agrees that the employee -number category designated below is applicable to the Contractor. [Information only required if a contractor affidavit is required pursuant to O.C.G.A. § 13-10-91.] 500 or more employees. 100 or more employees. 11 Fewer than 100 employees. Contractor hereby agrees that, in the event Contractor employs or contracts with any subcontractor(s) in connection with this Agreement and where the subcontractor is required to provide an affidavit pursuant to O.C.G.A. § 13-10-91, the Contractor will secure from the subcontractor(s) such subcontractor(s') indication of the above employee -number category that is applicable to the subcontractor. The above requirements shall be in addition to the requirements of State and federal law, and shall be construed to be in conformity with those laws. M. Records Resorts and Audits (1) Records: (a) Records shall be established and maintained by the Contractor in accordance with requirements prescribed by the City with respect to all matters covered by this Agreement. Except as otherwise authorized, such records shall be maintained for a period of three years from the date that final payment is made under this Agreement. Furthermore, records that are the subject of audit findings shall be retained for three years or until such audit findings have been resolved, whichever is later. (b) All costs shall be supported by properly executed payrolls, time records, invoices, contracts, or vouchers, or other official documentation evidencing in proper detail the nature and propriety of the charges. All checks, payrolls, invoices, contracts, vouchers, orders or other accounting documents pertaining in whole or in part to this Agreement shall be clearly identified and readily accessible. (2) Reports and Information: Upon request, the Contractor shall furnish to the City any and all statements, records, reports, data and information related to matters covered by this Agreement in the form requested by the City. (3) Audits and Inspections: At any time during normal business hours and as often as the City may deem necessary, there shall be made available to the City for examination all records with respect to all matters covered by this Agreement. The Contractor will permit the City to audit, examine, and make excerpts or transcripts from such records, and to audit all contracts, invoices, materials, payrolls, records of personnel, conditions of employment and or data relating to all matters covered by this Agreement. 12 N. Conflicts of Interest Contractor agrees that it shall not engage in any activity or conduct that would result in a violation of the City of Milton Code of Ethics. O. Confidentiality Contractor acknowledges that it may receive confidential information of the City and that it will protect the confidentiality of any such confidential information and will require any of its subcontractors, consultants, and/or staff to likewise protect such confidential information. The Contractor agrees that confidential information it receives or such reports, information, opinions or conclusions that Contractor creates under this Agreement shall not be made available to, or discussed with, any individual or organization, including the news media, without prior written approval of the City. The Contractor shall exercise reasonable precautions to prevent the unauthorized disclosure and use of City information whether specifically deemed confidential or not. P. Licenses, Certifications and Permits The Contractor covenants and declares that it has obtained all diplomas, certificates, licenses, permits or the like required of the Contractor by any and all national, state, regional, county, local boards, agencies, commissions, committees or other regulatory bodies in order to perform the services contracted for under this Agreement. All work performed by Contractor under this Agreement shall be in accordance with applicable legal requirements and shall meet the standard of quality ordinarily expected of competent professionals. Q. Key Personnel (Reserved) R. Authority to Contract The Contractor covenants and declares that it has obtained all necessary approvals of its board of directors, stockholders, general partners, limited partners or similar authorities to simultaneously execute and bind Contractor to the terms of this Agreement, if applicable. S. Ownership of Work All reports, designs, drawings, plans, specifications, schedules, work product and other materials prepared or in the process of being prepared for the services to be performed by the Contractor ("materials") shall be the property of the City and the City shall be entitled to full access and copies of all such materials. Any such 13 materials remaining in the hands of the Contractor or subcontractor upon completion or termination of the work shall be delivered immediately to the City. The Contractor assumes all risk of loss, damage or destruction of or to such materials. If any materials are lost, damaged or destroyed before final delivery to the City, the Contractor shall replace them at its own expense. Any and all copyrightable subject matter in all materials is hereby assigned to the City and the Contractor agrees to execute any additional documents that may be necessary to evidence such assignment. T. Meetings The Contractor is required to meet with the City's personnel, or designated representatives, to resolve technical or contractual problems that may occur during the term of the contract, at no additional cost to the City. Meetings will occur as problems arise and will be coordinated by the City. The Contractor will be given a minimum of three full working days notice of meeting date, time, and location. Face-to-face meetings are desired. However, at the Contractor's option and expense, a conference call meeting may be substituted. Consistent failure to participate in problem resolution meetings, two consecutive missed or rescheduled meetings, or to make a good faith effort to resolve problems, may result in termination of the contract. Section 8 Covenants of the City A. Right of Entry The City shall provide for right of entry for Contractor and all necessary equipment along the right-of-way, in order for Contractor to complete the Work, B. City's Representative Jim Seeba shall be authorized to act on the City's behalf with respect to the Work as the City's designated representative Section 9 Warranty Except as may be otherwise specified or agreed, the Contractor shall repair all defects in materials, equipment, or workmanship appearing within one year from the date of Final Completion of the Project at no additional cost to the City. An inspection shall be conducted by the City or its representative(s) near the completion of the one-year general warranty period to identify any issues that must be resolved by the Contractor. Section 10 Termination A. The City may terminate this Agreement for convenience at any time upon written notice to Contractor. In the event of a termination for convenience, Contractor 14 shall take immediate steps to terminate work as quickly and effectively as possible and shall terminate all commitments to third -parties unless otherwise instructed by the City. Provided that no damages are due to the City for Contractor's failure to perform in accordance with this Agreement, the City shall pay Contractor for work performed to date in accordance with Section 5 herein. The City shall have no further liability to Contractor for such termination. B. The City may terminate this Agreement for cause if Contractor breaches any material provision of this Agreement. The City shall give Contractor seven (7) days written notice of its intent to terminate the Agreement and the reasons therefore, and, if Contractor, or its Surety, fails to cure the default within that period, the termination shall take place without further notice. The City shall then make alternative arrangements for completion of the Project and deduct the cost of completion from the unpaid Contract Price. The City will make no payment to the Contractor or its Surety until all costs of completing the Project are paid. If the unpaid balance of the amount due the Contractor, according to this agreement, exceeds the cost of finishing the Project, the Contractor or its Surety will receive the applicable funds due. If the costs of completing the Project exceed the unpaid balance, the Contractor or its Surety will pay the difference to the City. C. If the City terminates this Agreement for cause, and it is later determined that the City did not have grounds to do so, the termination will be treated as a termination for convenience under the terms of this Section (A) above. D. Upon termination, the Contractor shall: (1) promptly discontinue all services affected, unless the notice directs otherwise; and (2) promptly deliver to the City all data, drawings, reports, summaries, and such other information and materials as may have been generated or used by the Contractor in performing this Agreement, whether completed or in process, in the form specified by the City. E. The rights and remedies of the City and the Contractor provided in this Section are in addition to any other rights and remedies provided under this Agreement or at law or in equity. Section II Miscellaneous A. Complete Agreement. This Agreement contains all of the understandings and agreements of whatsoever kind and nature existing between the parties hereto with respect to the subject matter contained herein. B. Governing Law. This Agreement shall be governed by and construed under the laws of the State of Georgia. C. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original, but all of which together shall 15 constitute one and the same instrument. D. Invalidity of Provisions. Should any part of this Agreement for any reason be declared by any court of competent jurisdiction to be invalid, such decision shall not affect the validity of any remaining portion, which remaining portion shall continue in full force and effect as if this Agreement had been executed with the invalid portion hereof eliminated, it being the intention of the parties that they would have executed the remaining portion of this Agreement without including any such part, parts or portions which may for any reason be hereafter declared invalid. E. Notice. All notices requests, demands and other communications hereunder shall be in writing and shall be deemed received, and shall be effective when personally delivered or on the third day after the postmark date when mailed by certified mail, postage prepaid, return receipt requested or upon actual delivery when sent via national overnight commercial carrier to the parties at the addresses given below, unless a substitute address shall first be furnished to the other parties by written notice in accordance herewith: NOTICE TO CITY shall be sent to: City of Milton Attn: City Manager 13000 Deerfield Parkway, Suite 107F Milton, Georgia 30004 NOTICE TO CONTRACTOR shall be sent to: Mr. Randall Popham, Blount Construction Company, Inc., 1730 Sands Place, Marietta, Georgia, 30067. F. Sovereign Immunity. Nothing contained in this Agreement shall be construed to be a waiver of the City's sovereign immunity or any individual's qualified good faith or official immunities. G. Force Majeure. Neither the City nor Contractor shall be liable for their respective non -negligent or non -willful failure to perform or shall be deemed in default with respect to the failure to perform (or cure a failure to perform) any of their respective duties or obligations under this Agreement or for any delay in such performance due to: (i) any cause beyond their respective reasonable control; (ii) any act of God; (iii) any change in applicable governmental rules or regulations rendering the performance of any portion of this Agreement legally impossible; (iv) earthquake, fire, explosion or flood; (v) strike or labor dispute, excluding strikes or labor disputes by employees and/or agents of Contractor; (vi) delay or failure to act by any governmental or military authority; or (vii) any war, hostility, 16 embargo, sabotage, civil disturbance, riot, insurrection or invasion. In such event, the time for performance shall be extended by an amount of time equal to the period of delay caused by such acts and all other obligations shall remain intact. H. Headings. All headings herein are inserted only for convenience and ease of reference and are not to be considered in the construction or interpretation of any provision of this Agreement. Nondiscrimination. In accordance with Title VI of the Civil Rights Act, as amended, 42 U.S.C. § 2000d, section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6102, section 202 of the Americans with Disabilities Act of 1990, 42 U.S.C. § 12132, and all other provisions of Federal law, the 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 Section I in every subcontract for services contemplated under this Agreement. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed under seal as of the date first above written. [SIGNATURES ON FOLLOWING PAGE] lount Construction Company, Inc. Signature 111-3 G C -- Print Name ORq �T�i✓] SIGNED SEALED [AFFIX COI AND DELIVERED In the pr nce of: Lt Y E O R 17 runrun+� Witness (Corporate Secretary should attest) ,iotlrfrrtr v �s,[HER Print Name � �..•+.�� � �� �XP1RES Notary Public GEORGI r JUZY A • d 25.207 7 [NOTARY SEAL] dp�y' AtI13L1 M Commission Expires: Ofowi ���� 2$ fjQ� MILTON CITY COUNCIL: Joe Lockwood, Mayor SIGNED, SEALED, AND DELIVERED In the presence of: Witness Notary Public [NOTARY SEAL] My Commission Expires: 18 [CITY SEAL] EXHIBIT "A" REQUEST FOR BID Oakhurst Leaf Drive Stormwater System Improvements 81D5 DUE May 12. 2015 BY 1:00 P General Description of Project Scope: Contractor to bid on the following scope. Contractor is required to visit the site prior to submitting bid to confirm scope. Contractor is responsible for utility locates and coordination of all work. City to obtain easements. Performance bonds and payment bonds are required for this project. The general scope of work wilt consist of excavating and re -shaping a drainage ditch, cleaning 2 stormwater drainage pipe systems, and providing a digital video of the cleaned pipe systems located near the north cul-de-sac (#310-#340) at Oakhurst Leaf Drive in Milton. Georgia. Specifically. the scope shall consist of the following, a. Clear, excavate and re -shape the ditch located below the 2 headwalls located at 320 Oakhurst Leaf Drive. !Vote the ditch should be cleared, re -shaped and extended to provide a minimum slope 2%. The exact length of this ditch work is unknown and should be verirled in the field by the contractor. It is anticipated that this work will possibly require some track machine work in addition to hand work_ Anticipated access is via lots 3308340. 2. Glean the 2 stormwater pipe systems draining the cul-de-sac and the main road (see drawmgl. 3. Video both pipe systems: and provide a EVD of video. 4. Remove and dispose of all debris, excavated materials. tree roots limbs, etc. 5. Smooth grades_ and re -sod any disturbed landscaped area. B. Provide appropriate erosion and sediment control measures during construction. The undersigned, as bidder, declares and represents that it has examined the site of the work and informed himselftherself fully in regard to all conditions pertaining to the place where the work is to be performed, including those conditions affecting the cost of the work and the delivery.. handling and storage of materials and equipment The bidder has examined and read the Bidding Document and has satisfied himsefftherself that the Bidding Document is an adequate and acceptable reflection of the work which is required to be performed and that the bidder is willing and able to perform all of the work necessary. The bidder further certifies that no additional information is required to complete the work encompassed by this bid within the cost and schedule established and agreed upon within this bidding document. The bidder proposes and agrees that if this bid is accepted to contract with the City of Milton to provide all construction labor, materials, equipment, products, transportation, and other facilities and services as necessary andlor required to execute and complete the work in full in accordance with the scope of work provided to the fait satisfaction of the city. THE BASE BID IS THE AMOUNT UPON WHICH THE BIDDER WILL BE FORMALLY EVALUATED AND WHICH WILL BE USED TO DETERMINE THE LOWEST RESPONSIBLE BIDDER. The base bid may not be withdrawn or modified, except at the request of the city. for a period of sixty (60) days following receipt of the bids. The City of Milton reserves the right to modify the scope of this project at any time. Appropriate compensation for scope changes will be based on a negotiated fee Base Bid Amount S Dollar Amount in Numbers) FCompany Name) Signature) Printed Name) 1.0 General conditions a) One lane of traffic shall be open at all times. Lane closures shall be restricted to the hours of 9 am to 4 pm. b) Construction activity within 1000 feet on an occupied residence will be allowed Mon. -Fri. between the hours of 7:30 AM and 7:30 PM and Sat_ between 8:30 AM and 5:00 PM. Construction activity more man 1000 feet from an occupied residence will be allowed Mon.- Fn. between the hours of 7:00 AM and 10:00 PM and Sat. between the hours of 8:30 AM and 6,00 PM. c) Contractor must notify the City of Milton (678) 242-2500, twenty-four (24) hours prior to beginning construction. d) Burial of construction materials is not permitted within the City of Milton. All construction materials and debris within the work area shall be property disposed of by the contractor e) The contractor is responsible for any damaged property which occurs as a result of this project. The contractor shall replace any damaged property at his own expense. f) finless otherwise stated, the City shall provide all necessary permits and easements associated with this project pnor to issuance of the Notice to Proceed. 2.0 Materials. Equipment and Employees a) The contractor shall; unless otherwise specified. supply and pay for all labor. transportation, materials. tools. apparatus. lights, power, fuel. sanitary facilities and incidentals necessary for the completion of his work, and shall install. maintain and remove all equipment of the construction, other utensils or things, and be responsible for the safe, proper and lawful construction, maintenance and use of same, and shall construct in the best and most workmanlike manner, a complete job and everything incidental thereto, as shown on the plans, stated in the specifications. or reasonably implied there from. all in accordance with the contract documents. b) All materials shall be new and of quality specified. except where reclaimed material is authorized herein and approved for use. Workmanship shall at all times be of a grade accepted as the best practice of the particular trade involved, and as stipulated in written standards of recognized organizations or institutes of the respective trades except as exceeded or qualified by the specifications. c) No changes shall be made in the Work except upon written approval and change order of the city. d) Products are generally specified by ASTM or other reference standard and/or by manufacturer's name and model number or trade name. When specified only by reference standard. the Contractor may select any product meeting this standard, by any manufacturer. When several products or manufacturers are specified as being equally acceptable. the Contractor has the option of using any product and manufacturer combination listed. However, the contractor shall be aware that the cited examples are used only to denote the quality standard of product desired and that they do not restrict bidders to a specific brand, make. manufacturer or specific name: that they are used only to set forth and convey to bidders the general style, type. character and quality of product desired; and that equivalent products will be acceptable. Substitution of materials, items or equipment of equal or equivalent design shall be submitted to the architect or engineer for approval or disapproval: such approval or disapproval shall be made by the architect or engineer prior to the opening of bids. e) It at any time during the construction and completion of the work covered by these contract documents, the conduct of any workman of the various crafts is adjudged a nuisance to the Owner or if any workman be considered detrimental to the work. the Contractor shall order such parties removed immediately from the site. f) The contractor shall designate a foreman/superintendent who shall direct the work Page 2 of 6 3.0 Erosion and Sediment Control a) The contractor will provide suitable erosion and sediment control measures so as to prevent sediment from leaving the site. Maintenance of erosion and sediment control measures is required at all times. The contractor shall have certified erosion and sediment control personnel on site at at] times. All NPDES. GSWCC and City of Mikon guidelines should be followed_ bl All erosion and sediment control work shall be performed in accordance with the standards provided in the Georgia Manual for Erosion and Sediment Control in Georgia. latest edition. c) Provide double row of Type C silt fence along the down slope side of all disturbed areas. All barriers shall be in place prior to any land disturbing activities. (J) Sik fences and hay bale barriers shall be cleaned or replaced and maintained in functional condition until permanent erosion control measures are established. Ad slit fences and other temporary measures will be removed by the contractor/developer when the site is stable. e) Siff fence fabric shall be comprised of Ga_ Department of Transportation qualified products Section 171, type 'C'. for silt fence fabric. Type -A' silt fence fabric and construction may be allowed with prior written approval from the land development inspector. f} Temporary vegetation and/or heavy mulch will be used to stabilize areas. In no case shall a site De left bare for more than fourteen (14) days. g) No clearing beyond the limits of disturbance shown on the approved plans shall be allowed without approval. h) Provide matting. temporary and permanent seeding of all slope faces. 0 Provide a minimum of ',f inch of mulching, temporary and permanent seeding of all other disturbed areas. 4.0 Earthwork a M The area within the typical grading section shall be cleared of all trees. brush, stumps. logs, grass roots_ vegetable matter. poles, stubs, rubbish, refuse dumps. sawdust piles, and all other matter resting on or protruding through the onglnal ground surface or appearing or 13eing placed on the area within the typical grading section before final acceptance of work b) All depressions below the ground surface containing water shall be drained. unsuitable material removed and filled with suitable material and compacted to the ground surface before the embankment proper is begun. Any area deemed jurisdictional under federal. state or local regulations shall obtain required approvals or permits prior to any land disturbing activities in those areas. c) Sub -grade preparation shall be in accordance with GDOT specifications and these regulations d) If any sections of the sub -grade are composed of topsoil. organic. or other unsuitable or unstable material, such material shall be removed and replaced with suitable material and then thoroughly compacted as specified for fill or stabilized with stone or a geo-textile or geo-grid. e) Fill shall be placed in uniform. horizontal layers not more than B" thick (loose measurement). Moisture content shall be adjusted as necessary to compact material to 95% maximum laboratory dry density as determined by AASHTO method T-99 f1 After the earthwork has :leen completed, all storm drainage. water, and sanitary sewer utilities have been installed within the right-of-way as appropriate. and the backfill in all such ditches thoroughly compacted. the sub -grade shall be brought to the lines, grades, and typical roadway section shown on the plans. 9i ProvISIQnS snail be made by the contractor to ensure adequate drainage and prevent possible damage to the work area. Page 3 of 6 5.0 utilities a) The contractor shall be required to coordinate and manage any and all utility locates and/or relocations within the scope of this project. 6,0 Performance a) All work performed shall be in accordance City of Milton Construction Standards. The contractor will adhere to all current State and Federal construction safety regulations, including OSHA regulations. The Contractor will conform to MIJTCD and the State of Georgia Department of Transportation standards for traffic control. The Contractor must maintain a safe work zone for their employees, pedestrians, and vehicular transportation. All work shall be inspected and approved by the City of Milton Department of Public Works (MDPW ). 7.0 Safety Requirements a) The Contractor shall be responsible for the entire site and the construction of the same and provide all the necessary protections as required by laws or ordinances governing such conditions and as required by the Owner or Designer. He shall be responsible for any damage to the Owner's property or that of others on the job, by himself, his personnel or his subcontractors, and shall make good such damages. He shall be responsible for and pay for any claims against the Owner arising from such damages. b) The Contractor shall provide all necessary safety measures for the protection of all persons on the work. Contractor shall clearly mark or post signs warning of hazards existing, and shall barricade excavations and similar hazards He shall protect against damage or injury resulting from falling materials and he shall maintain all protective devices and signs throughout the progress of the work. 8.0 Wetlands and Stream Buffers a) No work shall be permitted within any designated wetland or stream buffer area without prior approval of the City of Milton. Welland areas and Stream buffers shall be designated by the City of Milton prior to the issuance of a notice to Proceed. 9.0 Codes. Permits and Inspections a) The Contractor shall obtain the required permits. if required, give all notices, and comply with all laws, ordinances, codes, rules and regulations bearing on the conduct of the work under this contract. If the Contractor observes that the drawings and specifications are at variance therewith, he shall promptly notify the Designer in writing. If the Contractor performs any work knowing it to be contrary to such laws, ordinances, codes, rules and regulations, and without such notice to the Owner, he shall bear all cost arising there from. 10.0 Clean Up a) The Contractor shall keep the sites and surrounding area reasonably free from rubbish at all times and shall remove debris from the site from time to time or when directed to do so by the Owner. Before final inspection and acceptance of the project. the Contractor shall thoroughly clean the sites, and completely prepare the project and site for use by the Owner. 11.0 Schedule a) Project shall start within 1 week of notice to proceed and be completed in satisfactory manner. as deemed by MDPW, within 2 weeks from date of award. with final inspection scheduled within 3 weeks from the date of award. 12.0 Detail/Drawings (See Attached) Page 4 of 6 C"ws ss" r.►�x 5aneyCreO Firm Rd Oakhu-st Led Dr " PnaWakeFaerte(� 'cam+�'Ace`J 'O r F � � T yitpn pi /'� oY app K fi loom r Location Ma Page 5 of 6 Limits of'JJo-k RE -Shape Dtc7 32] = a B C een. T pi�e1 N Limits of Work Page 6 of 6 EXHIBIT "B" BID FROM CONTRACTOR Oakhurst leaf Drive Stormwater System improvements BIDS DUE May LI, "IS Br Igo PM CwlneraL DV ncHlpn of Pry ConNKtot to be .an :he fosowat,g Salpe Contractor is !*qL~ W M,t ate lute PnOr to suArfliftV Zed to CDr*M SM" CorltraGlor a reapOnstble for u le Cey to obtain easements flerformance bottda antl l+lr+o rw aua for he and 000rdLnabor, Of ad wco peynler9 bond& are re0far prtye[A The t]enerah __-q_ u/ mors wa c]C�&W M PtLa�5trnQ And ltl WW#V d d1 tlrlleDe df0h aoarlrgg 7 sfprrnwarar Weeea(ae P" aysnfns, &fed PrD0dWV 9 dgfal 0600 M the dcaned p o localed now flag rxvTh arf•d►sec j NJ, 04310) of OeAhurs[ Lew/Dm* ✓t AQOun Gsrxyw Sperftaty the leap& thak conrw or rhe foigos #V I C+bar. excavaft and rw shape me -mcr, Ocaled below Mo 7 headl►atls A�usrerf of 320 0 1 It a 0 Ilrnre Nilfe the d#rJh sONW be cAwea I�,gtwVwd end &.render► Iu prgvrda & mfnrnurn sbp& 2R. r7e& ex@d length of qhs :fer.,n *Of n s ur:known Mrd show4 be venhed xh ate held M trio cortt woor R 4 &rKLehpitsd t/tef Mea rrsirk wrI PaxTaGll rar7urre some haat nearJyreq wnrF .r. w.ttliorr to nand rnr# A.ur�,pafad acd9aa u .ra kvs 33pB.g.tO 2 C*w� tsar 7 3#rmwarw pjw tyW"39 arwn+ng fie Moa sac and 1h& main road Ise'e OrealroVj 3 vrpbo both pre-Ystams and prorxia a D rP cif rrfeu 1 %tMve anti dA%x as ago dM" elrrays +0 ruwwrlr free mors nrnbs a_ S Srnacm IFS and fa-5W any aftw led 14vxW Wvd efea 6 PTMA* dPPA prlere WwfOn and aedrrasrrf CWstnl/ nnMOSWOs rLsrrV nnrrarrrrc-AAM The undere19ned as bddor detla es and eAresnrtts teal r hal eaarnrrwo Vw Ma of the work arts •'aonneo 'kmww'r'K&bf holy En MWO b all candrtwns pertswwV to Vie place where the www M b to Pedorr+red relrJdrng Me" CondltW" W'kC ng " ^.oat of a4 wart and the detrve-!_ Nw4" and storage d matenals air] aWpnrent T he odder has exam-red and read rye am:)d- j "�Mvmarlt ar,d rse saeshed rwlsetlltwMW Mat sire Btddmp Dotwnenl s an adaqu&fe and aceevtaale refleCtrpn a the wore whet' rs reqused to be perfartned ane tract Vw bidder M wring and tripe to perform at or ow wort, necessary The bidder 'urthw caMbs that not 84t4eanel rrAorenaQon to nbgt~ to -Q-gw & the wo* en0amp&13ea by thq bio WIMrn the oat end schedule eltisb otud and sgrred uPo^ waftwn aw .hid " Wwrnerll Tho GKNW peov ser and agrees alar Ir thle bird �% aCCapted to t0RV'aCY rrth " Cdy of tAlttar to ptovtde ail .coon tetwr rraterwhs cqurttrnent Pruaucts 1rM4porUmn and arrw raeeeres and grvtces as rrcesaary ampor repueed to eaaMAD are are wet et rn lug fl AMMOence rim the ac�tie c>I worx pies as w M* hra 5800 aceon or Me co Thf BASE 91G IS THE AMOUNT UPON WHICH THE fSl0E*R ML_ t3E FCRMAt-v EVALUATED AND WMICM WILL BE USED TO DETERfrf1NF THE LOWEST RESPONSIBLE 611DOER The Mae bid may not be w thdrawn ra O&A" &m0W r. 'he request Jf the cey for a per-Do M a-�rtr (601 days00"receipt of are bps The City of AAdtar rtesarres mer ngtlt W rn0dry the scope m airs prooK at any Ihrrle AplroprW;q ;0fnpen4abon fpr scope c'�c wi be baW on a negcb*W fee Bata* Bid Amount {IJoltar Amo, tt rn Numbem -_ - --- Pair tiatp�; j Jf. (Printed NeMa, - EXHIBIT "C" BONDS PERFORMANCE BOND Bond No. 106275357 CITY OF MILTON, GEORGIA KNOW ALL MEN BY THESE PRESENTS THAT Blount Construction Company, Inc. (as CONTRACTOR, hereinafter referred to as the "Principal"), and Travelers Casualty and Surety Company of America (as SURETY COMPANY, hereinafter referred to as the "CONTRACTOR'S SURETY"), are held and firmly bound unto the City of Milton, Georgia (as OWNER, hereinafter referred to as the "City"), for the use and benefit of any "Claimant," as hereinafter defined, in the stun of twenty thousand two hundred thirty dollars and no cents ($20.230.00), lawful money of the United States of America, for the payment of which the Principal and the Contractor's Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has entered, or is about to enter, into a certain written agreement with the City, dated the of , 2015 which is incorporated herein by reference in its entirety (hereinafter referred to as the "CONTRACT"), for the construction of a project known as Oakhurst Leaf Drive Stormwater Improvement Project ("the PROJECT'-). NOW THEREFORE, the conditions of this obligation are as follows: That if the Principal shall fully and completely perform each and all of the terms, provisions and requirements of the Contract, including and during the period of any warranties or guarantees required thereunder, and all modifications, amendments, changes, deletions, additions, and alterations thereto that may hereafter be made, and if the Principal and the Contractor's Surety shall indemnify and hold harmless the City from any and all losses, liability and damages, claims, judgments, liens, costs and fees of every description, including but not limited to, any damages for delay, which the City may incur, sustain or suffer by reason of the failure or default on the part of the Principal in the performance of any and all of the terms, provisions and requirements of the Contract, including all modifications, amendments, changes, deletions, additions, and alterations thereto and any warranties or guarantees required thereunder, then this obligation shall be void; otherwise to remain in full force and effect; 2. In the event of a failure of performance of the Contract by the Principal, which shalt include, but not be limited to, any breach of default of the Contract: a. The Contractor's Surety shall commence performance of its obligations and undertakings under this Bond no later than thirty (30) days atter written notice from the City to the Contractor's Surety; and b. The means, method or procedure by which the Contractor's Surety undertakes to perform its obligations under this Bond shall be subject to the advance written approval of the City. The Contractor's Surety hereby waives notice of any and all modifications, omissions, additions, changes and advance payments or deferred payments in or about the Contract, and agrees that the obligations undertaken by this Bond shall not be impaired in any manner by reason of any such modifications, omissions, additions, changes, and advance payments or deferred payments. The Parties further expressly agree that any action on this Bond may be brought within the time allowed by Georgia law for suit on contracts under seal. 33 IN WITNESS WIfFRFOF, the principal and Contractor's Surety have hereunto affixed their corporate seals and caused this obligation to be signed by their duly authorized officers or attorneys -in -fact, this day of f r,,, � _ , 2015. Attest: Title: �ro' e %f�irreT Date: It , 4 ,. 15 Zst: Date: June 9, 2015 Blount Construction Company, Inc. B) Til Travelers Casualty and Surety Company of America (Name of Contractor's Surety) By:_ Title: Daniel Yates. Attorney-in-fact (SEAL) (ATTACH SURETY'S POWER OF ATTORNEY) 34 TRAVELERS POWER OF ATTORNEY Farmington Casualty Company St. Paul Mercury Insurance Company Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company Fidelity and Guaranty Insurance Underwriters, Inc. Travelers Casualty and Surety Company of America St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company St. Paul Guardian Insurance Company Attorney -In -Fact No. 226756 Surety Bond No. or Project Description: Principal: Blount Construction Company, Inc. 106275357 Obligee: City of Milton, GA KNOW ALL MEN BY THESE PRESENTS: That St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company and St. Paul Mercury Insurance Company are corporations duly organized under the laws of the State of Minnesota, that Farmington Casualty Company, Travelers Casualty and Surety Company, and Travelers Casualty and Surety Company of America are corporations duly organized under the laws of the State of Connecticut, that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland, that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc. is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint Betsy J. Holmes, Brian K. Hughes, Karen A. Maynard, Kevin M. Neidert, Michael L. Angel, Michael S. Brickner, P.D. Yates III, P.D. Yates Jr., Daniel Yates, Alan R. Yates, Gary Spuller, Marie M. Hartley, Robert N. Reynolds, Dana D. Rutledge, Jeffery J. Blanton, Michael B. Dawson, and W. Barry Dawson of the City of Atlanta, State of Georgia, their true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above, to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF, the Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this 7th day of June, 2013. Farmington Casualty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. St. Paul Fire and Marine Insurance Company St. Paul Guardian Insurance Company St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company ..0 9w" ,�,; — lse � •. � Nwn+�oeo� �,� � �a� �,��•,r�/;� ��SE�%.� 4�S f� OOItt ? � 1�Y6 State of Connecticut _- By. f_<J City of Hartford ss. Robert L. Raney, Senior Vice President On this the 7th day of June, 2013, before me personally appeared Robert L. Raney, who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. In Witness Whereof, I hereunto set my hand and official seal. gig Tlr My Commission expires the 30th day of June, 2016. aT * _OJT J�. '�� * �yO * Marie C. Tetreault, Notary Public PAYMENT BOND gond No. 106275357 CITY OF MILTON, GEORGIA KNOW ALL MEN BY THESE PRESENTS THAT Blount Construction Company, Inc. (as CONTRACTOR, hereinafter referred to as the "Principal"), and Travelers Casualty and Surety Company of America (as SURETY COMPANY, hereinafter referred to as the "CONTRACTOR'S SURETY"), are held and firmly bound unto the City of Milton, Georgia (as OWNER, hereinafter referred to as the "City"), for the use and benefit of any "Claimant," as hereinafter defined, in the sum of twenty thousand two hundred thirty ($20,230.00) lawful money of the united States of America, for the payment of which the Principal and the Contractor's Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has entered, or is about to enter, into a certain written agreement with the City, dated , which is incorporated herein by reference in its entirety (hereinafter referred to as the "CONTRACT"), for the construction of a project known as Oakhurst Leaf Drive Stormwater Improvement Project (hereinafter referred to as "the PROJECT"). NOW THEREFORE, the condition of this obligation is such that if the Principal shall promptly make payment to any Claimant, as hereinafter defined, for all labor, services and materials used or reasonably required for use in the performance of the Contract, then this obligation shall be void; otherwise to remain in full force and effect. A "Claimant" shall be defined herein as any Subcontractor. person, Party, partnership, corporation or other entity furnishing labor, services or materials used or reasonably required for use in the performance of the Contract, without regard to whether such labor, services or materials were sold, leased or rented, and without regard to whether such Claimant is or is not in privity of the Contract with the Principal or any Subcontractor performing Work on the Project. In the event of any claim [Wade by the Claimant against the City, or the filing of a Lien against the property of the City affected by the Contract, the Contractor's Surety shall either settle or resolve the Claim and shall remove any such Lien by bond or otherwise as provided in the Contract. The Parties further expressly agree that any action on this Bond may be brought within the time allowed by Georgia law for suit on contracts under seal. IN WITNESS WHEREOF, the Principal and Contractor's Surety have hereunto affixed their corporate seals and caused this obligation to be signed by their duly authorized officers on this It day of 2015. Blount Construction Company, INC. FAFF DRAWN A� 4% a:� o a O : U ? --J: r� (Signatures Continued on Next Page) _ 19 a`?••' P G•�'r j �� G ��` Attest: Title: V"t�t� %�1acr Date: (I -T,,,, 15 Attest: Date: June 9. 2015 Travelers Casualty and Surety Company of America (Name of Contractor's Surety) By: —/! � ��� � Title: Daniel Yates, Attorney-in-fact (SEAL) (ATTACH SURETY'S POWER OF ATTORNEY) TRAVELERS ) POWER OF ATTORNEY Farmington Casualty Company St. Paul Mercury Insurance Company Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company Fidelity and Guaranty Insurance Underwriters, Inc. Travelers Casualty and Surety Company of America St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company St. Paul Guardian Insurance Company Attorney -In -Fact No. 226756 Surety Bond No. or Project Description: Principal: Blount Construction Company, Inc. 106275357 Obligee: City of Milton, GA KNOW ALL MEN BY THESE PRESENTS: That St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company and St. Paul Mercury Insurance Company are corporations duly organized under the laws of the State of Minnesota, that Farmington Casualty Company, Travelers Casualty and Surety Company, and Travelers Casualty and Surety Company of America are corporations duly organized under the laws of the State of Connecticut, that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland, that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc. is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint Betsy J. Holmes, Brian K. Hughes, Karen A. Maynard, Kevin M. Neidert, Michael L. Angel, Michael S. Brickner, P.D. Yates III, P.D. Yates Jr., Daniel Yates, Alan R. Yates, Gary Spuller, Marie M. Hartley, Robert N. Reynolds, Dana D. Rutledge, Jeffery J. Blanton, Michael B. Dawson, and W. Barry Dawson of the City of Atlanta, State of Georgia, their true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above, to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF, the Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this 7th day of June, 2013. Farmington Casualty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. St. Paul Fire and Marine Insurance Company St. Paul Guardian Insurance Company St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company �• YfV SY12 yf * r�lO{F=�„1�� y�f I+ �v�IM7K, State of Connecticut City of Hartford ss. By: Robert L. Raney, Senior Vice President On this the 7th day of June, 2013, before me personally appeared Robert L. Raney, who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. In Witness Whereof, I hereunto set my hand and official seal. My Commission expires the 30th day of June, 2016. * * � } Marie C. Tetreault, Notary Public EXHIBIT "D" NONCOLLUSION AFFIDAVIT OF PRIME PROPOSER STATE OF GEORGIA CITY OF NHLTON a�e Cr, k¢ r` being first duly sworn, deposes and says that: (1) He is Pr rs" ,`f ` _(Owner, Partner, Officer, Representative, or Agent) of Blount Construction Company, Inc. (the "Proposer") that has submitted the attached Proposal; (2) He is fully informed respecting their preparation and contents of the attached Proposal and of all pertinent circumstances respecting such Proposal; (3) Such Proposal is genuine and is not a collusive of sham Proposal; (4) Neither the said Proposer nor any of its officers, partners, owners, agents, representatives, employees, or parties in interest, including this affidavit, has in any way colluded, conspired, connived, or agreed, directly or indirectly, with any other Proposer, firm or person to submit a collusive or sham Proposal in connection with the Contract for which the attached Proposal has been submitted to or refrain from proposing in connection with such Contract, or has in any collusion or communication or conference with any other Proposer, firm or person to fix the price or prices in the attached Proposal or of any other Proposer, or to secure through any collusion, conspiracy, connivance or unlawful agreement any advantage against the City or any person interested in the proposed Contract; and, (5) The price or prices quoted in the attached Proposal are fair an proper and are not tainted by any collusion, conspiracy, connivance, or unlawful agreement on the part of the Proposer or any of its agents, representatives, owners, employees, or parties in interest, including this affidavit. (b) Proposer has not directly or indirectly violated O.C.G.A. § 3b -91-21(d). Signatur Z-�AuOfficer or Agent ot G J cid Printed Name and Title of Authorized Officer or Agent 38 SUBSCRIBED AND SWORN TO BEFORE ME THISlif DAY OF 201S ;;`,��;o�;tR!Ts,• , �A]( EXPIRES GEORGIA Notary Public JULY 25, 2017 6 94 V . 12� �1--� 1 ,• ,�T • . , My Com ission Expires 2A1 Da?c 38 EXHIBIT "E" CONTRACTOR AFFIDAVIT AND AGREEMENT STATE OF GEORGIA CITY OF MILTON By executing this affidavit, the undersigned contractor verifies its compliance with O.C.G.A. § 13-10-91, stating affirmatively that the individual, firm, or 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 -I0 -91(b). Contractor hereby attests that its federal work authorization user identification number and date of authorization are as follows: 1Z9210 eVerify Number 114 1 DS Date of Authorization Blount Construction Com an Inc. Name of Contractor Oakhurst Leaf Drive Stormwater Improvement Project Name of Project City of Milton Name of Public Employer 39 I hereby declare under penalty of perjury that the foregoing is true and correct. Executed on TuM IL, 201a int� city), QJIL(state). ignature Authorized Officer or Agent Printed Name and Title of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE i I 't DAY OF - JDA�,20ff)'. S4 NOTARY PUBLIC [NOTARY SEAL] 1HER f :��Z•, OTA.& � � r r EXPIRES r GEORGIA My Commission Expires: JULY 25, 2017 10 ` O; f1O`A ; 01 ``% EXHIBIT "F" 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 Name of Project City of Milton Name of Public Employer 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: I hereby declare under penalty of perjury that the EXHIBIT "G" PLANS AND SPECIFICATIONS See Exhibit "A" EXHIBIT "H" FINAL AFFIDAVIT TO CITY OF MILTON, GEORGIA 1, , hereby certify that all suppliers of materials, equipment and service, subcontractors, mechanics, and laborers employed by Click here to enter text. or any of its subcontractors in connection with the construction of the Click here to enter text. for the City have been paid and satisfied in full as of , 20 , and that there are no outstanding obligations or claims of any kind for the payment of which the City on the above named project might be liable, or subject to, in any lawful proceeding at law or in equity. Signature Title Personally appeared before me this day of , 20 who under oath deposes and says that he is that he has read the above statement and knowledge and belief same is an exact true statement. Notary Public [NOTARY SEAL] My Commission Expires of the firm of that to the best of his HOME OF ' E5TABLiSHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: June 25, 2015 FROM: City Manager AGENDA ITEM: Approval of a Professional Services Contract to Provide Master Planning Services for the Live Fire Training Building and Fire/Public Works Storage Facility. MEETING DATE: Monday, July 6, 2015 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: VAPPROVED () NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: X YES NO CITY ATTORNEY REVIEW REQUIRED: OYES () NO APPROVAL BY CITY ATTORNEY VAPPROVED () NOT APPROVED PLACED ON AGENDA FOR: C7 1 p b t S REMARKS ® . Youin PHONE: 678.242.25001 FAX: 678.242.2499 Gree n info@cityofmilfonga.us I wv✓w.cifYofmilfonga.us ++„� CommunityI E,h1C5 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 C'''BI`` To: Honorable Mayor and City Council Members From: Carter Lucas, PE – Director of Public Works Date: Submitted on June 25, 2015 for the July 6, 2015 Regular Council Meeting Agenda Item: Approval of a Professional Services Contract to Provide Master Planning Services for the Live Fire Training Building and Fire/Public Works Storage Facility ______________________________________________________________________________ Department Recommendation: Approval. Executive Summary: This professional services contract will provide master planning services to aid the Fire and Public Works Departments in the planning and preliminary design of the live fire training building and combined Fire/Public Works Storage Facility. Funding and Fiscal Impact: Funding for this project is $8,500 and is available in the Live Fire Training Facility and Storage Building and Yard Construction account in the Capital Improvement Budget. Alternatives: None. Legal Review: Paul Higbee - Jarrard & Davis, LLP (June 12, 2015) Concurrent Review: Chris Lagerbloom - City Manager Attachment(s): Professional Services Agreement 3� it NAtl I LTO - N ' Esxee,,s, u:n moa PROFESSIONAL SERVICES AGREEMENT FIRE STATION #43 FIRE TRAINING SITE This Professional Services Agreement (the "Agreement") is made and entered into this day of , 2015, by and between the CITY OF MILTON, GEORGIA (hereinafter referred to as the "City"), and Precision Planning, Inc. (hereinafter referred to as the "Consultant") located at 400 Pike Boulevard, Lawrenceville, Georgia 30046. WITNESSETH THAT: WHEREAS, the City desires to employ a Consultant to perform the services described herein (the "Work"); and WHEREAS, Consultant has familiarized itself with the Contract Documents, as defined below, the Work, and with all local conditions and applicable federal, state and local laws, ordinances, rules and regulations. NOW THEREFORE, the City and Consultant, in consideration of the mutual promises contained herein and other good and valuable consideration, the sufficiency of which is hereby acknowledged, agree as follows: Section 1. Contract Documents: This Agreement and the following named Exhibits, attached hereto and incorporated herein by reference, constitute the "Contract Documents": EXHIBIT A WORK DESCRIPTION EXHIBIT B INSURANCE CERTIFICATE EXHIBIT C CONSULTANT AFFIDAVIT AND AGREEMENT EXHIBIT D SUBCONTRACTOR AFFIDAVIT To the extent that there may be any conflict among the Contract Documents, the provision operating most to the benefit of the City shall govern. Section 2. The Work: Consultant shall provide all Work described in the Contract Documents. Unless otherwise stated in the Contract Documents, the Work shall include Consultant's provision of materials, labor, expenses, and any other cost or item necessary to complete the Work, which is generally described as the master planning and preliminary design of the fire station #43 fire training facility and public works storage yard. Section 3. Contract Time: Consultant understands that time is of the essence of this Agreement and warrants that it will perform the Work in a prompt manner, which shall not impose delays on the progress of the Work. It shall commence Work pursuant to this Agreement on or before a date to be specified on a written "Notice to Proceed" from the City and shall fully complete the Work within 30 days of the "Notice to Proceed". The City may grant extensions to this time frame at their discretion. Section 4. Work Changes: Any changes to the Work requiring an increase in the Contract Price, as defined below, shall require a written change order executed by the City in accordance with its purchasing regulations. Section 5. Compensation and Method of Payment: City agrees to pay Consultant for the services performed and costs incurred by Consultant upon the City's certification that the services were actually performed and costs actually incurred in accordance with this Agreement. Compensation for services Page 1 of 6 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 $8,500 (the "Contract Price"), except as outlined in Section 4 above, and shall be paid on an hourly rate basis in accordance with the Schedule of Hourly Rates provided in Exhibit A. Reimbursable expenses shall be paid, when applicable, at a direct cost to the consultant with no additional mark-ups included. Invoices/receipts must be submitted for all reimbursable expenses. Consultant shall take no calculated risk in the performance of the Work. Specifically, Consultant agrees that in the event it cannot perform the Work within the budgetary limitations established without disregarding sound principles of Consultant's industry, Consultant will give written notice thereof immediately to the City. Section 6. Covenants of Consultant A. Assignment of Agreement: Consultant covenants and agrees not to assign or transfer any interest in, nor delegate any duties of this Agreement, without the prior express written consent of the City. B. Responsibility of Consultant and Indemnification of City: Consultant covenants and agrees to take and assume all responsibility for the services rendered in connection with the Work. Consultant shall bear all losses and damages directly resulting to it on account of the negligent performance or character of the services rendered pursuant to this Agreement. Consultant shall indemnify and hold harmless the City, its officers, boards, commissions, elected and appointed officials, employees from and against any and all liability, judgments, damages, losses, and expenses, including but not limited to, reasonable attorney's fees, which are the result of willful or negligent acts, or tortious conduct to the extent arising out of the negligent performance of contracted services, or operations by Consultant, any sub -consultant, anyone directly employed by Consultant or sub -consultant or anyone for whose negligent acts Consultant or sub -consultant may be liable, regardless of whether or not the negligent act is caused in part by a party indemnified hereunder. Consultant shall not be required to indemnify the City or its officers, boards, commissions, elected or appointed officials, employees or agents against liability or claims for damages, losses, or expenses, including attorney fees, arising out of bodily injury to persons, death, or damage to property caused by or resulting from the sole negligence of the City or its officers, boards, commissions, elected or appointed officials, employees or agents. C. Independent Consultant: Consultant hereby covenants and declares that it is engaged in an independent business and agrees to perform the Work as an independent Consultant, not as agent or employee of City. Inasmuch as City and Consultant are parties independent of one another, neither has the authority to bind the other to any third person or otherwise to act in any way as the representative of the other, unless otherwise expressly agreed to in writing by both parties. Consultant agrees not to represent itself as City's agent for any purpose to any party or to allow any employee to do so, unless specifically authorized, in advance and in writing, and then only for the limited purpose stated in such authorization. Consultant shall assume full liability for any contracts or agreements Consultant enters into on behalf of City without the express knowledge and prior written consent of City. D. Insurance: Consultant shall have and maintain in full force and effect for the duration of this Agreement, insurance approved by the City as shown on Exhibit B. E. Licenses, Certifications and Permits: Consultant covenants and declares that it has obtained and will maintain all diplomas, certificates, licenses, permits or the like required by any national, Page 2 of 6 state, regional, City, and local boards, agencies, commissions, committees or other regulatory bodies to perform the Work. Consultant shall comply with applicable legal requirements and meet the standard of quality ordinarily expected of its industry. F. Ownership of Work: The Client acknowledges the Consultant's construction documents, including electronic files, as the work papers of the Consultant and the Consultant's instruments of professional service. Nevertheless, upon completion of the services and payment in full of all monies due to the Consultant, the Client shall receive ownership of the final construction documents prepared under this Agreement. The Client shall not reuse or make any modification to the construction documents without the prior written authorization of the Consultant. The Client agrees, to the fullest extent permitted by law, to defend, indemnify and hold harmless the Consultant, its officers, directors, employees and subconsultants (collectively, Consultant) against any damages, liabilities or costs, including reasonable attorneys' fees and defense costs, arising from or allegedly arising from or in any way related to or connected with the unauthorized reuse or modification of the construction documents by the Client or any person or entity that acquires or obtains the construction documents from or through the Client without the written authorization of the Consultant. Under no circumstances shall the transfer of ownership of the Consultant's drawings, specifications, electronic files or other instruments of service be deemed a sale by the Consultant, and the Consultant makes no warranties, either express or implied, of merchantability and fitness for any particular purpose, nor shall such transfer be construed or regarded as any waiver or other relinquishment of the Consultant's copyrights in any of the foregoing, full ownership of which shall remain with the Consultant, absent the Consultant's express prior written consent. G. Consultant's Representative: Liz Hudson shall be authorized to act on Consultant's behalf with respect to the Work as Consultant's designated representative. H. Confidentiality: Consultant acknowledges that it may receive confidential information of the City and that it will protect the confidentiality of any such confidential information and will require any of its sub -consultants, consultants, and/or staff to likewise protect such confidential information. I. Meetings: Consultant shall meet with City's personnel or designated representatives to resolve technical or contractual problems that may occur during the term of the contract, at no additional cost to City. Section 7. Standard of Care: In providing services under this Agreement, the Consultant shall perform in a manner consistent with that degree of care and skill ordinarily exercised by members of the same profession currently practicing under similar circumstances at the same time and in the same or similar locality. Section 8. Termination: The City may terminate this Agreement for convenience at any time upon written notice to Consultant. Provided that no damages are due to the City for Consultant's breach of this Agreement, the City shall pay Consultant for Work performed to date in accordance with Section 5 herein. Section 9. Miscellaneous A. GoverninjZ Law. This Agreement shall be governed by the laws of the State of Georgia. Page 3 of 6 B. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original, but all of which together shall constitute one and the same instrument. C. Sovereign Immunity. Nothing contained in this Agreement shall be construed to be a waiver of the City's sovereign immunity or any individual's qualified good faith or official immunities. D. E -Verify Affidavits. It is the policy of the City of Milton that unauthorized aliens shall not be employed to perform work on City contracts involving the physical performance of services. Therefore, the City shall not enter into a contract for the physical performance of services within the State of Georgia unless: (1) the 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 (IBCA), P.L. 99-603, O.C.G.A. § 13-10-91 and Rule 300-10-1-.02. In the event the Contractor employs or contracts with any subcontractor(s) in connection with the covered contract, the Contractor agrees to secure from such subcontractor(s) attestation of the subcontractor's compliance with O.C.G.A. § 13-10-91 and Rule 300-10-1-.02 by the subcontractor's execution of the subcontractor affidavit, the form of which is attached hereto as Exhibit "D', which subcontractor affidavit shall 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 Page 4 of 6 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. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed under seal as of the date first above written. [SIGNATURES ON THE FOLLOWING PAGE] Page 5 of 6 Precision Pl�mng, Inc. }, Signature: �J ' V Printed Name: Carla T. Carraway Title: President [AFFIX CORPORATE SEAL] Attest: Corporate Secretary CITY OF MILTON, GEORGIA Joe Lockwood, Mayor Page 6 of 6 Exhibit "A" Work Description Project Understanding It is our understanding that the Client intends to develop a new storage facility to house Public Works and Fire Department vehicles and a new burn building for Fire Department training at the site of the existing Public Works property on Old Bullpen Road in Milton, Georgia. The structures are described as follows: 1. Storage Building: Three 60 foot drive-through maintenance/storage bays with large chain hoist doors and chain link fenced separation between Public Works and Fire Department (note: cost considerations may dictate removal of drive-through capability); one bay of secure storage with mezzanine above. Burn Building: 17' x 40' overall footprint consisting of modular container units The site shall be developed to include concrete drives and training area surfaces, gravel surfaces, and possible relocation of existing storage pole barn and loose material (sand, gravel, etc...) storage areas. Project Scone of Services I. Master Planning A. Based upon descriptions in the Project Understanding above, PPI will develop up to three (3) master plan options for location of the new storage building and burn building on the existing site, based upon survey information to be made available by the Client. B. PPI will meet with the Client to review options and will finalize the preferred option as a Preliminary Master Plan. Il. Cost Estimating and Final Report A. PPI will develop an Opinion of Probable Cost for the Preliminary Master Plan for review by the Owner. B. PPI will make up to one revision to the Master Plan if required to meet a predetermined project budget. C. PPI will submit the Final Report to the Client in hard copy and electronic media, to include both the Master Plan and Opinion of Probable Cost. III. Project Schedule PPI will begin services immediately upon receipt of an executed agreement. PPI will work with Client to determine an overall project schedule. Project Additional Services The following are additional services which may be provided and invoiced according to the attached Schedule of Hourly Rates: 1. Additional meetings required or requested by the Client. 2. Additional design revisions requested by the Client. 3. Services required due to significant changes in the project including, but not limited to, size, quality, complexity or Client's schedule. 4. Land Surveying. 5. Detailed Architectural, Civil, Structural, Mechanical, Plumbing and Electrical Engineering services (to be provided in a future phase). 6. Bidding and Construction Administration services (to be provided in a future phase). 7. Professional renderings. 8. LEED certification services. Exclusions: Testing services, including tests for hazardous materials and soils testing, are not included within this scope of services. SCHEDULE OF HOURLY RATES 2015 Billing Category Hourly Rate Principal -in -Charge $150.00/Hour Project Architect/Project Manager $130.00/Hour Job Captain $90.00/Hour Intern Architect $80.00/Hour Interior Designer $80.00/1 -lour Project Administrator $90.00/1 -lour Civil Engineer $130.00/1 -lour Structural Engineer $130.00/Hour Mechanical/Plumbing Engineer $125.00/Hour Electrical Engineer $135.00/Hour Surveying - 3 Man Crew $160.00/Hour Surveying Tech $90.00/Hour Cost Estimator $110.00/Hour Exhibit "B" Insurance Certificate EXHIBIT "C" CONTRACTOR AFFIDAVIT AND AGREEMENT STATE OF GEORGIA CITY OF MILTON By executing this affidavit, the undersigned contractor verifies its compliance with O.C.G.A. § 13-10-91, stating affirmatively that the individual, firm, or corporation which is engaged in the physical performance of services on behalf of the City of Milton has registered with, is authorized to use and uses the federal work authorization program commonly known as E -Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91. Furthermore, the undersigned contractor will continue to use the federal work authorization program throughout the contract period and the undersigned contractor will contract for the physical performance of services in satisfaction of such contract only with subcontractors who present an affidavit to the contractor with the information required by O.C.G.A. § 13-10-91(b). Contractor hereby attests that its federal work authorization user identification number and date of authorization are as follows: 200440 eVerify Number 03/24/2009 Date of Authorization Precision Planning, Planning Inc. Name of Contractor Station #43 Fire Training 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 J1A J7_. 2015 in Lawr�n Yyille A (state C � Signature of Authorized Officer or Agent Carla T. Carraway, President Printed Name and Title of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON►►k�titi���+r■■ TH[,THE I DAY OF .■►► n■ ` Ms�My I -oA�T'��i's NOTARY PLl IC 'i EXPIRES z [NOTARY SEAL]„ API -141L g, ; p d r T My Commission Expires: / (p /� Sett►•*'' 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 Precision Planning, 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 Station #43 Fire Training Site 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: a HOME OF ' LION ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: June 24, 2015 FROM: City Manager AGENDA ITEM: Approval of a Change Order to the Professional Services Agreement between the City of Milton and Tunnell-Spangler & Associates, Inc. for the Purpose of Conducting Additional Public Information Meetings Regarding the Development of a Form -Based Code for Arnold Mill Area. MEETING DATE: Monday, July 6, 2015 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: KAPPROVED () NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: 4) YES () NO CITY ATTORNEY REVIEW REQUIRED: 0 YES O NO APPROVAL BY CITYATTORNEY 1) APPROVED () NOTAPPROVED PLACED ON AGENDA FOR: REMARKS 0 tO I5 91 V youlin *** PHONE: 678.242,2500' FAX: 678.242.2499 `"Green'^ ;Cc[[t1ic�1* Tap IOU infoci4 tyofmiltongmus I www.cityofmiltongmus ��T� Community `E� @ '"'t j 13000 Deerfield Parkway. Suife 107 1 Milton GA 30004 -'e�` To: Honorable Mayor and City Council Members From: Michele McIntosh-Ross, Principal Planner Date: Submitted on June 23, 2015 for the July 6, 2015 Regular Council Meeting Agenda Item: Approval of a Change Order to the Professional Services Agreement between the City of Milton and Tunnell-Spangler & Associates, Inc. for the Purpose of Conducting Additional Public Information Meetings Regarding the Development of a Form-Based Code for Arnold Mill Road Area. ______________________________________________________________________________ Department Recommendation: Approval. Executive Summary: Tunnell-Spangler & Associates, Inc. was hired to develop a Form-Based Code for the Arnold Mill Road area for the city. The council has requested additional public input meetings, which requires a change order to the original scope of work. Funding and Fiscal Impact: $29,500 that is: $27,000 per original contract, and $2,500 additional per change order # 1. Alternatives: None. Legal Review: Ken Jarrard – Jarrard & Davis 06-23-2015 Concurrent Review: Chris Lagerbloom, City Manager Attachment(s): Contract & Change Order # 1 1 CHANGE ORDER #1 FOR PROFESSIONAL SERVICES AGREEMENT ARNOLD MILL ROAD AND SR 9 NORTH FORM-BASED CODE OVERLAY ZONE WHEREAS, the City of Milton, Georgia and Tunnell, Spangler & Associates, Inc. (“Consultant”) have entered into a Professional Services Agreement (the “Agreement”) dated July 23, 2014, incorporated herein by reference; and WHEREAS, the parties desire to issue a change order pursuant to Section 1.4 of the Agreement, it being to the mutual benefit of all parties to do so, as set forth herein for the reasons and consideration set forth herein. NOW THEREFORE, the parties hereto agree to amend the Agreement as follows: 1. The Scope of Work as contemplated by Section 1.0 of and Exhibit “A” to the Agreement is hereby modified, including the addition of Task Four, Additional Meetings, as described in more detail in Exhibit “C,” attached hereto and incorporated herein by reference. 2. It is agreed by the parties hereto that all of the other terms and conditions of the Agreement, including all unamended portions, shall remain in full force and effect other than as modified herein. Upon execution by all parties, this Change Order shall be attached to and form a part of said Agreement. IN WITNESS WHEREOF, the parties hereto have caused this Change Order to be duly executed by their duly authorized offices as of the day and year set forth next to each signature. Tunnell, Spangler & Associates, Inc. Signature: __________________________ Printed Name: _______________________ Title: _______________________________ SIGNED, SEALED, AND DELIVERED in the presence of: _______________________________ Attest – Corporate Secretary _______________________________ Notary Public [NOTARY SEAL] My Commission Expires: ______________________________ 2 [SIGNATURES CONTINUED FROM THE PREVIOUS PAGE] CITY OF MILTON: ______________________________ By: ___________________________ Its: ___________________________ SIGNED, SEALED, AND DELIVERED in the presence of: __________________________ Witness ___________________________ Notary Public [NOTARY SEAL] My Commission Expires: ________________________________ 1 1389 Peachtree Street NE, Suite 200 Atlanta, GA 30309 Contact: Caleb Racicot Phone: 404.873.6730 x131 cracicot@tsw-design.com www.tsw-design.com June 17, 2015 CITY OF MILTON ARNOLD MILL ROAD AND STATE ROUTE 9 NORTH AMENDED FORM-BASED CODES PROPOSAL Exhibit “C” Submitted to: CITY OF MILTON Submitted by: TSW AMENDMED FORM-BASED CODES PROPOSAL 7 June 17, 2015 AMMENDED APPROACH In order to provide more opportunities for public feedback, the original Approach dated July 10, 2014, is ammended to delete Sub-Task 14: Additional Meetings and add the following additional tasks and sub-tasks. Task Four: Additional Meetings July and August of 2015 During this task, TSW will work with the City of Milton to conduct additional community outreach and coding for the Arnold Mill Road Form-Based Code. At a minimum this will include: 15. Community Meeting #1 - Work with City Staff to prepare for and attend Community Meeting #1. The purpose of this meeting is to provide Arnold Mill Road stakeholders with background on the Arnold Mill Road Visioning Study and the proposed Form-Based Code. The meeting will also include an opportunity for the public to comment on the proposed regulations. 16. Revise Code and Regulating Plan - Prepare Draft Code V.4 and Regulating Plan V.4 based on feedback from Community Meeting #1. 17. Community Meeting #2 - Work with City Staff to prepare for and attend Community Meeting #2. The purpose of this meeting is to provide Arnold Mill Road stakeholders with an overview of changes to the proposed regulations that were made in direct response to Community Meeting #1. 18. Revise Codes and Regulating Plans - Prepare Draft Code V.5 and Regulating Plan V.5 based on feed- back from Community Meeting #2. 19. City Council Work Session - Present Draft Code V.5 and Regulating Plan V.5 at a City Council Work Ses- sion. 20. Revise Codes and Regulating Plans - Prepare Draft Code V.6 and Regulating Plan V.6 based on feed- back from the City Council Work Sessoin and City Staff direction. 21. City Council Meeting - Present Draft Code V.6 and Regulating Plan V.6 to the City Council for adoption. Deliverables As part of this TSW shall provide the following: • Draft Codes V.4-V.6 (digitally; printed copies shall be provided by the City of Milton) • Draft Regulating Plans V.4-V.6 (digitally; printed copies shall be provided by the City of Milton) • Community Meeting PowerPoint Presentations (digitally) FEES & TERMS The original Fees & Terms dated July 10, 2014, is replaced with the following: • Sub-Tasks 1 through 13 will be billed hourly not exceed twenty seven thousand dollars and zero cents ($27,000.00). If the sum of the hourly billing does not exceed this amount, the remaining fee shall be billed hourly against Sub-Tasks 15 through 21. Submitted to: CITY OF MILTON Submitted by: TSW AMENDMED FORM-BASED CODES PROPOSAL 8 June 17, 2015 • Sub-Task 14 (deleted) • Sub-Tasks 15-21 will be billed hourly not exceed two thousand five hundred dollars and zero cents ($2,500.00). Before billing to Sub-Tasks 15 through 21, TSW shall first bill hourly towards any unbilled fee established by the not-to-exeed limit of Sub-Tasks 1 through 13. �..r nr Vk LS IAk 1511C PROFESSIONAL SERVICES ACREEMENT Arnold Mill Road and SR 9'North Form -Based Code Overlay Lane This Agreement made and entered itiln this ,� day aI ! --, _, 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 0000 Deerfield Parkway Suite 107-6, Milton GA 30004 and Turtnell, Spangler 8& Associates. Inc. ("Consultant") having its principle place of business at 1389 Peachtree Street, NE. Suite jQO, Atlanta, 0A 30309. WHEREAS, the City of Milton will require certain professional public works services beginning on July 29, 2014; and WHEREAS, the City's Purchasing Policy authorizes the procurement of professional services contracts of $30,000.00 or less; and WHEREAS, the City has determined that this Agreement constitutes such professional services, NOW THEREFORE:, in consideration of the mutual covenant and promises contained herein, the parties agree as follows: 1.0 Scope of Work; Compensation 1.1 The Consultant agrees to provide all Services specified in Exhibit "A", attached hereto and incUrporated herein by reference. No payments will be made for unauthorized work. Invoices should be submitted to Flick Pearce, 13000 Deerfield Parkway, Milton GA 30004, for approval. Payment will be sent to the designated address by U. S. Mail only; payment will not be hand -delivered. 1.2 City agrees to pay Consultant for the services performed and costs incurred by Consultant upon the City's certification that the services were actually performed and costs actually incurred in accordance with this Agreement. Cornpe.nsation 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 cornpletion of the Work, setting forth in detail the services performed and costs incurred. Invoices shall reflect charges incurred versus charges budgeted_ The total amount paid under this Agreement for the Work shall not, in any case, exceed a lump sum fee of $27,000 (the "Contract Price") for the following tasks without prior written approval from the City - Task 1- Issue Identification Task 2- Draft Code and Regulating Platt Task 3- Milton Approval Process .3 Consultant shall take no calculated risk in the performance of the Work. Specifically, Consultant .green that in the event it caatutot perfonn the Work within the budgetary limitations established without isregarding sound principles of Consultant's industry, Consultant will give written notice thereof i.tunediately to the City. _4 The City reserves the right to order changes in the Work to be periiormed under this Agreement by ltering, adding to, or deducting from the Work_ All such changes shall he incorporated in written change c.rders executed by the Consultant and the City. Such change orders shall specify the changes ordered and Lny necessary adjustment of compensation and completion time. If the Parties cannot reach an agreement (.n the terms for performing the changed work within a reasonable time to avoid delay or other unfavorable i,npacts as determined by the City in its sole discretion, the City shall have the right to determine reasonable tennis and the Consultant shall proceed with the changed work. _.5 Any work added w the scope of this Agreement by a change order shall be executed under all the t,pplicable 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_ ..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 thin Agreenient or increasing the total antount to be paid under dais Agreement in excess of $10,000, must be approved by resolution of the Milton City Council. 2_0 Independent Contractor 1.1. -ChG Consultant is an independent Contractor. Tlic Consultant is not iuz employee, agent or representative of the City of Milton. The Consultant shall obtain and maintain, at the Consultant's expense, all permits, license or approvals that may be necessary for the performance of the services. 2.2 Inasmuch as the City of Milton and the Consultant are entities independent of one another, neither has the authority to bind the other to any third person or otherwise to act in any way as the representative of the other, unless otherwise expressly agreed to in writing signed by both parities hereto. The Consultant agrees not to represent itself as the City's agent for any purpose to any party or to allow any employee of the Consultant to do so, unless specifically authorized, in advance and in writing, to do so, and then only for the limited purpose stated in such authorization. The Consultant shall assume full liability for any contracts or agreements the Consultant enters into on behalf of the City of Milton without the express knowledge and prior written consent of the City. 3.0 ind.emsnific2 iGn The Consultant covenants and agrees to take and assume all responsibility for the services rendered in connection with this Agreement. The Consultant shall bear all losses and damages directly or indirectly resulting to it on account of the perfarmunce or character of the SCFViCes rendered pursuant to this Agreement. Consultant shall defend, indemnify and hold harmless the City, its Officers, boards, commissions, elected and appointed officials, employees and agents from and against any mid all claims, suits, actions, liability, judgments, damages, losses, and expenses, including but not limited to, attorney's fres, which may be the result of willful, negligent or tortuous conduct arising out of the Work, performance of contracted services, or operations by the Consultant, any sub -consultant, anyone directly or indirectly employed by the Consultant or sub -consultant or anyone for whose acts the Consultant or sub -consultant viay be liable, regardless of whether or not the offending act is caused in part by a party indemnified hereunder_ Such obligation shall not be construed to negate, abridge, or otherwise reduce any other right or obligation of indemnity which would otherwise exist as to any party or person described in this provision. In any and all claims against the City or any of its agents or employees; by any employee of the Consultant, r.ny suh-consultant. anyone directly or indirectly employed by the Consultant or sub -consultant or anyone fir whose acts the Consultant or sub -consultant may be liable, the indemnification obligation sett forth in its provision shall not be limited in any way by any limitation on the amount ❑r type of damages, compensation or benefits payable by or for the Consultant or any sub -consultant under workers' or ,rorkmen's compensation acts, disability benefit acts or other employee benefit acts. This obligation to idemn'sfy and defend the City, its members, officers, agents, employees and volunteers shall survive 1. ttrrnination of this Agreement, w,n Insurance (1) Requirements: Ttic Cwlsult&it shall have and maintain iti full ford: 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 Pity Manager. (2) Minirntun Limits of Insurance: Consultant small 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 AutOmobilc 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 51,000,000 limit for claims arising out of professional services caused by the Consultant's errors, omissions, or negligent acts. {c} Workers' Compensation limits as required by the State of Georgia and employers Liability limits of s l .ODU,UOU 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 lnsurancc Pruvisioits: The policy is to contain, or be endorsed to contain, the following provisions: (a) General Liability and Autotnobilc Liability Comeau. (i) '1 -he 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, empioyces, agents or volunteers. Any insurance or self- insurance maintained by the City, its officials, employees or volunteers shall be excess of the Consultant's insuranc-: 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 an 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) Woricers' 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 Coveraues. (i} Bach 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 excerpt after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. 91 (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) Acce tabilit of Insurers: Insurance is to be placed with insurers with an A- M. Bests' rating of no less than A.:V ll . (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 arc 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 Laity. Fhe City reserves the right to require complete, certified copies of all required insurance policies, at any time. 'rhe Consultant shall provide proof that any expiring coverage has been renewed ur 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 prulirs as ddditiuiial icisuiud. (8) Clairns-Made Policies.- Consultant olicies: 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 AdditiQnal Insured Loss, Payee: The City shall be named as an additional insured and loss payee on all policies required by this Agreement. 5.0 Term; Termination The term of this Agreement shall be from July 28, 2414 and shall terminate absolutely and without further obligation on the part of the City on December 31, 2014, provided that this Agreement, absent written notice of non -renewal provided by the City to Consultant at least thirty (30) days prior to December 31, 2014, shall automatically renew on January 1, 2015 to November 1, 2015. The City may terminate this Agreement upon a breach of any provision of this Agreement by Consultant and Consultant's subsequent failure to care such breach within fifteen (15) days of receipt from the City of a written notice of the Lreach. Title to any supplies, materials. equipment, or other personal property shall remain in the ('onsultant until fully paid by the City. f,0 Compliance with All Laws and Licenses 'he Consultant must obtain all necessary licenses and comply with local, state and federal requirements. "he Consultant shall comply with all laws, rules and regulations of any governmental entity pertaining to ::s performance under this Agreement. 0 Assignment -he Consultant shall not assign or subuuntrac:t the: whole or any pan of this Agreement without tltc City of :Milton's prior written consent. 1.0 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. 3.0 Expertise of Consultant ..onsultant accepts the relationship of trust and confidence established between it and the City, recognizing hat the City's intention and purpose in entering into this Agreement is to engage an entity with the :equisite 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. 1().0 Governing Law This Agreement shall be governed in all respects by the laws of tlic Slate of Gcurgia. 11,0 Interpretation of Documents :rt the event ofd conflict in language between this Agreement and any exhibit to this Agreement, the provisions mnst favorable to the City shall govern. 12.0 Entire Agreement This Agreement constitutes the entire Agreement between the parties with respect to the subject matter :ontained herein.; all prior agreements, representations, statements, negotiations, and undertakings are suspended hereby. Neither party has relied on any representation, promise, nor inducement not contained herein. 13.0 Waiver of Agreement The city's failure to enforce any provision of this Agreement or the waiver in a particular instance shall not he construed as a general waiver of any future breach or default. 14.4 Sovereign Immunity l,othing contained in this Agreement shall be construed to be a waiver of the City's sovereign immunity or my individual's qualified good faith or official immunities. 5,q Notices At other notices, writings or corresporrdr-Mv as required by this Agreement shall be in writing and shall be Leemed 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 dclivery when sent via national overnight commercial carrier to the Parties at the addresses given below, t.nless a substitute address shall first be furnished to the other Parties by written notice in accordance herewith: NOTICE To THE CITU shall be sent to C ity Manager City of Milton 13000 Deerfield Parkway, Suite 107F Milton, Georgia 30004 NOTICE TO THE CONSULTANT shall be sent to: Caleb Ruc:iwt, A1CP Tunnell, Spangler & Associates, Inc. 1389 Peachtree Street, Suite 200 Atlanta, GA 30304 16.0 No Personal Liability No member, official or employee of the City shall be personally liable to the Consultant or any successor in interest in tate 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. [.ikewise, C'onsultant's performancc of services under this Agreement shall not subject Consultant's individual employees, officers or directors to any personal liability. '1 he 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 emptoyee, officer, director, or elected or appointed official. 17.0 Employment of Unauthorized Aliens Prohibited (1) E -Verify Affidavit It is the policy of the City of Milton that unauthorized aliens shall not be employed to perform work on City contracts involving the physical performance of services. Therefore, the City shall not enter into a contract for the physical performance of services within the Staic of Georgia unless: (1) the Contractor shall provide evidcncc on City -provided forms, attached hcrcto as Exhibits '-R" and "C" (affidavits regarding compliance with the E -Verify program to be sworn under oath under criminal penalty of false swearing pursuant to D.C.G.A. § 15-10-71), 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 1; -Verify program. of all 7 employees who will perform work on the City contract to ensure that no unauthorized aliens will be employed, or (2) the Contractor provides evidence that it is not required to provide an affidavit because it is licensed pursuant to Title 26 or Title 43 or by the State Bar of Georgia and is in good standing as of the date when the contract for services is to be rendered. The Contractor hereby verifies that it has, prior to executing this Agreement. executed a notarized affidavit, the form of which is provided in Exhibit "B", and submitted such affidavit to City or provided the City with evidence that it is nut 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. § 3-10-91 and Rulc 300-10-1-.02. In the event the Contractor employs or contracts with any subcontractor(s) in connection with the wvered contract, the Contractor agrees to secure from succi subcontractors) attestation of the subcontractor's compliance with O.C.G.A, § 13-10-91 and Rule 300-10-1-.02 by the suhenntractnr's execution of the subcontractor affidavit, the form of which is attached hereto as Exhibit ''C which .ubcontractor affidavit shall become part of the contractor/subcontractor agreement, or evidence that the -ubcuntractor is not required to provide such an affidavit because it is licensed and in good standing as zuted in subsection (2) above. If a subcontractor affidavit is obtained, Contractor agrees to provide a :.ompleted 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 �ontraetor's subcontractors' verification prcccss at arty tinct to determine that the verification was 4orrCut and complete. 'The Contractor and Contractor's subcontractors shall retain all documents and records of heir respective verification process for a period of three (3) years following completion of the contract. urther, where Contractor is required to provide an affidavit pursuant to O.C.G.A. § 13-10-91, the City .vlanager or his/her designee shall further be authorized to conduct periodic inspections to ensure that no :ity Contractor or Contractor's subcontractors employ unauthorized aliens on City contracts. By entering nto a contract with the City, the Contractor and Contractor's subcontractors agree to cooperate with any ;uch investigation by making their records and personnel available upon reasonable notice for inspection and questioning. where a Contractor or Contractor's subconlractors are found to have employed a) inauthoriced alien, the City Manager or his<'her designee: may report sante to the Dcparintcrtt of Horrtcland Security_ The Contractor's failure to cooperate with the investigation may he sanctioned by termination of he curttract, 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 "nntraator. [Information only required if a contractor affidavit is required pursuant to O.C.G.A. § 13-10- 500 3 -1Q - Sat} or more employees. 100 or more employees. ){ Fewer than 140 employees. Contractor hereby agrees that, in the event Contractor employs or contracts with any subcontractor(s) in connection with this Agreement mid where the subcontractor is required to provide an .ffidavit pursuant to O.C.G.A. § 13-10-91, the Contractor will secure from the suhconiractor(s) such -ubcontractor(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 to construed to be in conformity with those laws. g.() Nondiscrimination In accordance with Title VI of the Cavil Rights Act, as amended, 42 U.S.C. § 2000x, section 303 of :Ire Age Discrimination Act of 1975, as amended, 42 U.S.C. § 61021 section 202 of the Americans with ]isabil itiec Act of 1990, 42 U.S.C. § 12132, and all other provisions of Federal law, the Consultant agrees :hat, during performance of this Agreement, Consultant, for itself, its assignees and successors in interest, will not discriminate against any employee or applicant for employment. any subcontractor, or any supplier because of race, color, creed, national origin, gender, age or disability. In addition, Consultant agrees to comply with all applicable implementing regulations and shall include the provisions of this Section 18,0 in evcry subcontract for services contemplated under this Agreement- -N WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed by their duly authorized )fftcers as of the day and year set forth next to each signature. [SIGNATURES ON 'ilii: FOLLOWING PAGE -1 9 EXHIBIT «ems STATE OF GEORGIA CITY OF MILTON CONTRA TOR AFFIDAVIT AND AGREEMENT By executing this affidavit, the undersigned contractor verifies its compliance with O-C.G.A. § 13-10-91, stating affirmatively that the individual, firm, or corporation which is engaged in the physical performance of services on behalf of the City of miltcn 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 gild 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: Z— C) 8E�_q Federal Work Authorization User Identification Number Apr, iL Z C pate of Authorization `�u�l- '� ►�-S�iRTIGLEYI-�A,�AL`�tl ���i3C�� Name of Contractor Name of Project Name of Public Employer 1 hereby declare under penalty of perjury that the foregoing is true and correct. Ad(,,n, Z, 201 y in ,4t,^�r�ciey}, rized Officer or Agent \Nls-r Oc-#7r Printed Mame and Title of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON TFi 5 THE DAY OF 2[] 14 NOTARY Pu l� i. 7 [IN0T SEAL] My Grimmission Fx it ELIZAB�� p' Fulton County State of Georgia My Comm, Expires January 7, 2018 Tin a prescrr.ce``af r — � Jerri W. Spangler 1'rinl T�f�a�te Iic i "SEALI D j missigEx ices: ELIZABETH W, WALSH NOTA RY P i18tLG Fulton County State of Georgia My Comm. Expires January 7, 201 81 5IGNED SEALE AND DE IVIERED In be presence yf A lA�iiftCSS � V Nntar}r Public [NOTARY SEAT_.] TUN SPANGLER & ASSOC:IATE%, IN i s�nnell, President [AFFIX CORPORATE SEAL] M, X cornmissian F.x• in rM . ` '��►11111f1����. .•�� M GOgaAL S =per N % 10 EX11IIilT "C" STATE OF GIFORGIA CITY OF MILTON SUBCONTRACTOR AFFIDAVIT 13y executing this aff+r}avit, the undersigned subcontrdcwr verifies its compliance with O.C.G_A. § 13.10-9 L stating affirmatively that the individual, firm ar corporation which is engaged in thr physical performance of services under a contract with Tunnel E, Spangler k Aasnciates, [no- on behalf of the City of Milton has registered with, i,, authorized to use and Lues the federal work authorization program commonly known as E -Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines egtahlisheri in CI.C.Ci.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 %vho present an affidavit to the subcontractor with the inruritiatiV<< requirad by O.C.G.A. § 13 10 91(b). Additionally, the undcrsignod 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 contramed sub -subcontractor, the undersigned suhcontractnr roust forward. within five (5) husiness days of receipt, a copy of the notice to the contractor. Subcontractor hereby attests that its tederal work authorization user identification number and date of authorization are as follows: Federal Work Authorization User Identification Number Bate of Authoriratioa Name Of Subcontractor Name of Prnjeet Name of Public Employer 1 hereby declare under penalty of perjury that tht foregoing is true and correct, Executed on 1201 n (city), (state). 12 Signature of Authorized Officer or Agent Printed Name and Title of Authorized Officer or Agent 5lJE3SCRlFiI i7 AND 5'v4'CJRIrY 13E:1'ORI MF ON THIS THE DAY OF 1201 NOTARY PUBLIC [NOTARY SEAL] My Curttrrtissiou Expires. Exhibit "A" CITY OF MILTON ARNOLD MILL ROAD AND STATE ROUTE 9 NORTH FORM -BASED CODES PROPOSAL a389 Peaciitree Street iv E. Suite 200 Atlanta. GA 30309 ^OY1tact: oaici5 Racicol P:iooe: 404.873.5730 x131 er,3c!cot@isw-d,-si,goi.com www.isw-design,( y10,'0:4 y in, 2014 Subrnitted ta: CIYY OF MUTON sutrr.ittea by: -SW FORM -BASED CODES PROPOSAL OVERVIEW TSW is pleased to submit our proposal for preparing two form -based codes for the Arnold Mill Road and State Route 0 North areas of the City of Milton as shown in Attachment 1 and 2. TSW is a full service planning, architecture, and landscape architecture firm speoializing in customized design solutions that improve the quality of life in the communities we serve. Our planning studio focuses on area plans, policy studies, out- reach, and form -based coding. TSW believes thatuurforrn-based coding experience makes us uniquely qualified to assist the City of Milton in moving the vision for Arnold Mill Road and State Route 9 North towards reality. Caleb Racicot, proposed Project Manager for this effort, has prepared nearly a dozen form -based codes across the region, including several locally -calibrated Smart - Codes. This puts us in a unique position to assist the City in crafting a workable code that meets local needs. APPROACH The following process is proposed for preparing a locally calibrated SmartCode for the Arnold Mill Road and State Route 9 North areas. Task One: ilsstae Identification Two months This task will review recent planning efforts and existing regulations in the Arnold Mill Road ana State Route 9 North areas, and solicit stake•• holder teed back on trlem. I his shall serve as the basis for the draft codes and regulating plans identified in Task Two. t. Initial Team Meeting - Meet with City staff to review the effort and finalize the approach. 2. Existing Statutory Review - Gather and review Existing regulations, policies, covenants, and projects in the areas_ The purpose of this shall be to identify elements that could be included in the proposed codes, such as new streets, multi -use trails, open spaces, and sim- ilar features. S. Desired Form Analysis- Review the Arnold Mill Road Visioning Study and the State Route 9 North Vision Plan and quantify the metrics within them. This shall include defining potential locally-calihrated transect zones, densities, heights, and other elements, iy 10, 261-4 Y- T VO months FORM -BASED CODES PROPOSAL wring th is task, TSW will convert the vision of Task One and the Draft Code Elements of Task Two Tito a two -aft ordinances (one per area) with supporting maps. 4 Draft Code V.0 - Prepare two locally -calibrated SmartCodes. In addition to standard elements. such as zones, building heights, setbacks, use, etc., the codes shall also incorporate the following: i, Transfer of Development Flights JDR). si. Architectural standards. ii. Code translation sheets of proposed transect zones and districts showing their relaticns'-)ip to ex isting zoning. Draft Ragulating Plsar V-0 Prepare two Regulating Plans showing the districts and any location -specific requirements. These may include thoroughfare locations, greenway trails, density sub-areas,'T-Zones, public spaces, pedestrian ways, TDR Sending and Receiving areas, and other geographically -specific elements. a. Revise Cadens and ReguiatIng (Plans - Following City review and comment, prepare Draft Codes V.1 and Regulating Plans V.1. -1, Public informatlon Meetings - Present the Draft Code V.1 and Draft Regulating Plan V.1 at two public nformation meetings (one per area). Solicit feedback from the public and other stakeholders. S. Revise Codes and Regulating Plans - 1-01low 1ng the Public 1 nformation Meetings. prepare Draft Codes V,2 and Regulati;-19 Plans V.2. LISkIhm; UijftQftAWUftXaLftCeG9 one to two months DuringthiS task, TSW will work with the City of Milton to finalize the codes. At a minimum this will include. 9. Planning Commission Work Sessiona -Present the Draft Codes V.2 and Regulating Plan V.2 for review and comment at two separate work sessions. gp. Revise Codes and Regulating (Plains - Prepare Draft Codes V,3 and Regulating Plan V.3. jjL. Councli Work Sesslmws Present Draft Codes V.3 and Regulating Pians V.3 Fcu review and uornment at two separate work sessions. Make any changes requested in V.4 for official adoption. :,24 Additlartai Copse and Regulatietg Plan Revisions - Make additional changes to Draft Codes and Regu- lating Plans as requested by City of Milton staff during the official adoption process. 13. ogler Poem -Based Coda (Revisions - Work with City staff to make minor revisions to the existing Cra- bapp!e and Deerfield forrn-Based cotes. IrworporaLe revised common text into the Arnold Mill Road and State Route 9 North area form -based codes. Submitter :C: CITY Of MILTON 2 SLLhmittod by. TSNU y IQ, 2014 p RAW INC, BY JAM E S NaS St submitted to: CITY OF MIL10h S,+bMitted hy- TSW FORM -BASED CODES PROPOSAL 14. Additional Meetings - Attend additional meetings or prepare ad- ditional presentations beyond those noted herein, as requested by the City of Milton Deliverables As part of this TSW shall provide the following: Draft 5martCodes V.0 -V.4 far each area (digitally; printed copies shall be provided by the City of Milton) Draft Regulating PlansV.04.4 far each area (digitally; one poster -size printed copy, printed cop iesshall be provided Lythe City of Milton) Final la raft SmartCode and Regulating Plan for each area (digitally, and with the type and number of printed copies identified for drafts above) PowerPoint Presentations (digitally) ASSU MPrIONS TSVV's performance of the items above is dependant upon the following: TSW assumes that the current visions of the Arnold Mill Road Vision- ing Studyan d the State Route 9 North Vision Plan will be maintained. TSW will use a locally -calibrated SmartCode for the coding effort. The City of Milton will arrange and advertise meetings, including space reservation and refreshments. TSW shall have access to GIS data provided by the City of Milton. Other consultants or legal counsel shall be retained by the City of Milton. Fees for work outlined are as foiiows: • Sub -Tasks 1theough 3.3 will be billed hourly not exceed twenty sev- en thousand dollars and zero cents ($27,OQa-00). • Sub -Task 14 will be billed hourly. Fees will be invoiced accord ingto the schedule in Attachment 3. REIMBURSABLE EXPENSES The fees above include all expenses - a Y 3.0 2014 FORM -BASED CODES PROPOSAL Attachment 1 r � •r 1� �71' Ywk IF .fr rw R i iL 96 &vAmwft goo& ir fth . 9.%am PMMK om. 5ubmitteo :o: CITY OF MILTON Submitted by' YSW 4 !wy i.D, 2014 Alpharetta FORM -BASED CODES PROPOSAL Attachment 2 '� i ■ !s 8 J LCI Area i t Lake Lau►N Farms �. ew r erwa u r� Bethany Creek 0.. C40. T g u K rel 1 QMMw p � Wyndham t� I � B:uet+rr, s } s ' 7 �w s;JbM1tteC to: CITY OF MILTON S Subrnrttec by: TSw Five Ague Estates • �ahtt6rle Glen R „ter, Alpharetta FORM -BASED CODES PROPOSAL Attachment 2 '� i ■ !s 8 J LCI Area i t Lake Lau►N Farms �. ew r erwa u r� Bethany Creek 0.. C40. T g u K rel 1 QMMw p � Wyndham t� I � B:uet+rr, s } s ' 7 �w s;JbM1tteC to: CITY OF MILTON S Subrnrttec by: TSw . y 10. 2014 Attachment 3 FORM -BASED CODES PROPOSAL 1389 Peacniree Stroal- NE 2014 HOURLY FEE SCHEDULE %uife20D All fees will be invoiced monthly, according to the houriy fee schedule Arlanta. GA 3Q309 then in effect. Our current fee schedule is as follows; Phone: 404.873.6730 Far.: 404.874.647 ' principals Lionei Johnson www,tsw+-desgr"Com William T. Tunnell $175/hour PMCjPQW Jerry W. Spangler $175/hour wiliam.unneii Thomas H. Walsh $175/hour jenySpongier Caleb P. Rocicot $1251hour ThOMOS wOISn (;0 lob Rpc C V: Adorn H. Williamson $120/hour Adam WINIaMson ASSOCWeS- Planning i landscape Architecture Bryan Bays Bryan Boys $120/hour RelWkan Cohort Wady Giles $100/ hour Ben wooarow 04- Hegathf3rrojoole David Lintott $901hour Dov4'-inro!r Jia Li $►901hour Rebekah Calvert $90/hour Garrett Hyer $85/hour Sarah McCulley $80/ hour Peyton Peterson $801hour Laura Richter $75/hour Ryan Snodgrass $75/h0ur Architecture Heather Hubble $90/hour Lionei Johnson $i75/hour Colin Hodoway $75/hour John Hand $70/hour Graphics Cindy R. Cox $110/hour Subrnitted to: CITY OF MILTdk 5ytpmitte0 by. TSY4 EXHIBIT B STATE OF GEORGIA CITY OF MILTON CONTRACTOR AFFIDAVIT AND AGREEMENT By executing this affidavit, the undersigned cui:lraclur vttifics il5 compliancc with O.C.G.A. § 13-10-91, stating affirmatively that the individual, firm, or corporation which is contracting with the City of Milton has registered with and is participating in a federal work authorization program, in accordance with the applicability previsions and deadlines established in O.C.G.A. § 13-10-91. The tuidersigned contractor also verifies that it will continue to use the federal work authorisation program throughout the contract period, The undersigned further agrees that, should it employ or contract with any subcontractor(s) in connection_ with the physical perfunnunuc of services pursuant to this contract with the City of Milton. contractor will secure from such subcontractor(s) similar verification of compliance with O.C.G.A. § 13-10-91. Contractor further agrees to maintain records of such compliance and provide a copy of each such verification to the City of Milton at the time the subcontractor(s) is retained to perform such service. The contractor hereby attests that its federal work authorization user identification number and date of authorization are as follows: 2088 Federal Work Authorization User Identification Nutnher April f�9 Datc of Authorization Turinell-8panuter- aleh & Aesoci fes (TSW) Name of Contractor Arnold Mill Road and 521t Route 8 Nonh Form -Based Codgs Name of Project I hereby declare wider penalty of perjury that the foregoing is true and correct. Executed on 14 ip t�A t� (city}, 060MIS {state)_ 10 r-' Signature ❑f Authorized Officer or Agent Ga" Ra.W90- ggnlor Prince Printed Name and Title of Authorized Officer or Agent SUBSCRIBED AND SWORN BE;E~'[)K .ME ON TIIIS THE —: G DAY OF NOTA RY'rUI 1C j NOTARY SEAL N:y r`or.�misyi ExpiresrELIZABETH W. WAIL SH MWARY PUBLIC Fulton County State of Georgia My Comm. Expires Jwu4ry 7, 2018 EXHIBIT C ACERTIFICATE OF LIABILITY INSURANCE THIS CERTIFICATE 15 ISSUED AS A MATTER OF INFCAMATION ONLY AND CONFER NO RIGHTS UPON THE CERTIFICATE HOLDER. i THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTTCNDOR ALTER THE COVERAGE AFFORDED 13Y THE { PC}L.ClIES BELUM. THIS CERTIFICATE OF IF43URANCE DOES NOT CONOTITUTE A CONTRACT BETWEEN THE ISSUING INSI.RER(S), AUTHORIZED REPRESENTATIVE OR PR_DH DUCER, AND THE CERTIFICATE OLDER. — - ADDITIONAL INSURED, the policy(iasj must as endorsed. If SUBRMATION IS YYAIVED, M�pryRT�AF T: 1f the certiliGate heidar Is an sibact tothe terms and conditionS of the policy, certain policies may require an endorsement. A statament on this certificate does not conlar rights to the Certificate holder in lieu of such andorsomellt(sj PRDL.;ICER _ _Fuss hWn.avnenl r�psrtme_m M. Aon RIsK berviGe5 NDnneaSl, Inc. FAX Na. '666 uYdc89. Y _LCA'C= NO: {8DOj889•dp2l Nen York NY 00MCe 1�g Nater Strout Ba. .c L, trinet.cam %eA York, NY 10038-3551 IN61iRERlC1AFFOROINC COVERAGE MAIC ■ IN SURER A: commerce A Industry Ins Ca 10410�� TrNet HR (;Ilrporaiior. and all its affiliates and subsidiaries INSURCjk !: Ipinoia National Ins Co 23817 -uriell. SparVier & Assoc. Inc {Endorsed as alternate employed K-jRER C Inas State of Penn f 19429 9oC7 Town Center Pa+ -aY 3raienton, F L 34202 COVERAGES CERTIFICATE NUMBER- REVISION NUSARFR: qN'S TD CERTIFYTHAT THE POLICIES OF INSURANCF LISTED BELOW HAVE BEEN ISSUED TO THE NSURED N]AMFD MKWF.. MA THE POLICY PERIOD '4fTlr_aT£D. NOTWITHSTANDING ANY REQUIREMEENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS tiERT FIGATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLIC IES OESCRI 8ED HEREIN I5 SUBJECT TO ALL THE TERMS. Eki,LJSIONS AND CONDIT10NS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS- Llmleanhoarn an ni roplwNYd INlR TYPE OF INSURANCEACOL SUBR POLICY EFF POUCYEXP LTR INSR YWD POLICY 14111AoiR .IYYT'I {MM1DD(YYYYI GENERAL LIABILITY V UIEW;AL lit NERI�,y�Q�B:L_ITy C1J iu5-mAvE L�ri.CUR , GEN'L AGGREGATE LIMIT APPLIES PER. PfrL[CY PRWFCT =Lac AUTOMOBILE LUML— IANY AUTO ALL DWNEO WUHtUULLU AUTOS AU I G.Iffi ISI RED AUTOS IA7U=NEO �uMMULLA L1AEj OCCUR IAR jjHH, EXCESS LCuuw•MADE DEC) RETENTION S WORKERS CaMPEnATI N T T AND EMPLOYERS LIABILITY r r K iHy p$*PRIETGRJPARTNF;PAF ri CU"I ❑ N f A 0f F,CERyE MEN 6xCLl17Ea' {Niniwory in NH} If ,s. d"onbe urnde. 3C SCRIPT ION OF DPI'. RAID TIS Zle oA UM IT s 0CCURRF_1VCE - - K TO RENTED 11.1 1 E. nrnrrr�ul WOWUNED SiNDLE LIMIT DILY INJURY (Per Pers on) HOD ILY INJURY (Per PROPERTY DAMAGE {p4r F4H OCCURRENCE AGGREGATp 0603242DO CO 07-41-2014 07.01-2015WCSTATU- OW324205GA 07-01-2014 07-01-2075 TORYLIMris Ie L- sacµ � cc See attached Wal'vp Of Subirapign In favor of tht COr•IACII'A holder DESCRIPTION OF OPERATIONsf LOCATIONS I VEHICLES (ARaehACORD sp1.A6dWcna1 RumarksScheduls,d mare space is required]: 9788 1 DHI - 7n%W I IR II- Inc and TriNal HA V, Inc. City o1 Mi"On, Ga0r0ia Attn' Kathleen Field 13(1{ir1 Deprfield Pkwy Ste 107F Milton, GA 3WG4.5026 I III III Ill' I IIIl II�'ll'I'�tll' ' I Ill Ill III I I.III I I I I SII I I I I III I LI ILLATION -- SHOULO ANY OF THE ABOVE DESCRIBE6 POLICIES BE CANCELLED BEFORE THIS EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE SMITH THE POLICY PROVISIONS, AUTHORIZED REPRESENTATIVE kef91 ITitR hoom 25 in, 0441 frig P40R✓J neer w aw...-gi—.n .. r..F+I; b 61441L•ju to +.Casa CORaoRArwa. All righ'a Af'3RKERS CtoMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT wC 80 03 13 (Fd. 4-84) Ne 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 IGJ perform work under a written contract that requires you to obtain this agree m ent from us.) THs. agreement shall not nperate directly or indirectly in benefit anyone not named in the Schedule_ Sched ule City of Milton, Georgia Attn_ Kathleen Field 13040 Deerfield Pkwy Ste 107F Millon, GA 30004-50261 TriNet Client Num tier: 97881 DHI Client Name: Tun nell, Spa ngler & ASSOC. Inc This endorsement changes the policy to whiO it is attached and is effective on the date issued unless oftiomvise stated. (The information below is required only when this endorsement is issued subsequent to preparatlon of the policy.) Endorsement Effective See Accompanying Certificate Policy ho. Erndorsement No. insured TriNet, HR Corp. See Accompanying Certificate Premium and all affiliates a subsidiaries insurance Company See Accompanying Certificate WC 00 03 13 (Ed_ 4-84) F00191-97 Re C 1983 kaWnaf Council on CompansatiOM lrnsu:ance. Countersigned by HOME OF ' mnmwmw� LT(J f\. i III ESTAH-ISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: June 25, 2015 FROM: City Manager AGENDA ITEM: Approval of a Cancellation of Claim of Lien at 14220 Cogburn Road. MEETING DATE: Monday, July 6, 2015 Regular City Council Meeting BACKGROUND INFORMATION. (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: kAPPROVED () NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED:WYES O NO CITY ATTORNEY REVIEW REQUIRED: (YES () NO APPROVAL BY CITY ATTORNEY (APPROVED () NOTAPPROVED PLACED ON AGENDA FOR: 0 70 61-5- REMARKS ia1-5-REMARKS Yount PHONE: 678.242.2500' FAX: 678.242.2499 ,4 -A. info@cityofmilfonga.us I www.cityofmiltongmus Community k E;h;'s j 13000 Deerfield Parkway. Suite 107 I Milton GA 30004 To: Honorable Mayor and City Council Members From: Carter Lucas, PE – Director of Public Works Date: Submitted on June 25, 2015 for the July 6, 2015 Regular Council Meeting Agenda Item: Approval of a Cancellation of Claim of Lien at 14220 Cogburn Road ______________________________________________________________________________ Department Recommendation: Approval. Executive Summary: On May 9, 2014 the City of Milton filed a lien in the amount of $44,626.49 against the above referenced property to cover costs incurred as the result of the court ordered clean-up of the property. On June 24, 2015 the city received the funds to pay off the lien. Staff is therefore recommending approval of the cancellation of the claim of lien. Funding and Fiscal Impact: Funds received will offset the costs incurred by the city in the execution of the contract to clean- up the property. Alternatives: None. Legal Review: Ken Robin - Jarrard & Davis, LLP (June 18, 2015) Concurrent Review: Chris Lagerbloom - City Manager Attachment(s): Cancellation of Claim of Lien After recording, return to: Kenneth P. Robin, Esq. Jarrard & Davis, LLP 105 Pilgrim Village Drive, Suite 200 Cross Ref: Lien Book 2993, Page 101 Cumming, Georgia 30040 CANCELLATION OF CLAIM OF LIEN To: Clerk of Superior Court of Fulton County, Georgia You are authorized and directed to cancel of record and mark satisfied the Claim of Lien filed and recorded on May 9, 2014 by City of Milton, Georgia on the property owned by Minnie Lou Green, being known as 14220 Cogburn Road, Milton, Georgia 30004 (tax parcel # 22-5070-0761-052-8), and being more particularly described as: All that tract or parcel of land lying and being in Land Lot 761 of the 2nd District, 2nd Section, Fulton County, Georgia, and being more particularly described as follows: TO FIND THE TRUE POINT OF BEGINNING, commence at the intersection of the common corners of Land Lots 761, 762, 823 and 824, said district, section and county; thence running North 02 degrees 28 minutes 10 seconds West along a line dividing Land Lots 761and 762, said district and section, a distance of 359.07 feet to an iron pin found and being THE TRUE POINT OF BEGINNING; thence running North 02 degrees 48 minutes 14 seconds West along the line dividing Land Lots 761 and 762, said district and section, a distance of 474.37 feet to an iron pin found; running thence North 73 degrees 57 minutes 54 seconds East a distance of 493.26 feet to an iron pin staked on the southwesterly right of way of Cogburn Road (being a 60 foot right of way); thence running South 44 degrees 05 minutes 23 seconds East along the southwesterly right of way of Cogburn Road a distance of 400.0 feet to an iron pin found; running thence South 53 degrees 36 minutes 12 seconds West a distance of 191.62 feet to an iron pin staked; thence running South 34 degrees 41 minutes 39 seconds East a distance of 201.37 feet to an iron pin found; running thence South 86 degrees 23 minutes 30 seconds West a distance of 690.93 feet to an iron pin found on the line dividing Land Lots 761 and 762, said district and section, and being THE TRUE POINT OF BEGINNING; said tract containing 7.798 acres, more or less, all according to a plat of survey prepared by Engineering & Inspection Systems, Inc., dated 8-16-88, revised on 8-29-88, for Cogburn Associates and Decatur Federal Savings and Loan Association. LESS AND EXCEPT: All that tract or parcel of land lying and being in Land Lot 761 of the 2nd District, 2nd Section of Fulton County, Georgia and being shown to contain 4.250 Acres on Survey for Cogburn Associates prepared by Engineering & Inspection Systems, Inc. John E. Norton, Registered Land Surveyor No. 1848 dated August 16, 1988 and being more particularly described as follows: TO FIND THE TRUE POINT OF BEGINNING begin at the common corner of Land Lots 761, 762, 823 and 824, said District, Section and County, and run thence North 02° 28’ 10” West and along the line dividing Land Lots 761 and 762 a distance 359.07 feet to an iron pin found at the TRUE POINT OF BEGINNING; from said true point of beginning extending thence North 02° 48’ 14” West and along the line dividing Land Lots 761 and 762 and along the line of property now or formerly belonging to Cogburn Associates a distance of 474.37 feet to an iron pin found on the line of property now or formerly belonging to Walton A. Gillelard; thence North 73° 57’ 54” East and along the line of Gillelard a distance of 92.74 feet to an iron pin set on the line of property now or formerly belonging to Minnie Lou Greene thence South 37° 55’ 57” East and along the line of Greene a distance of 291.83 feet to an iron pin set; thence South 79° 39’ 06” East and along the line of Greene a distance of 335.06 feet to an iron pin set on the Southwesterly line of a 30’ Ingress-Egress Easement; thence South 34° 41’ 39” East and along said Easement 201.37 feet to an iron pin found on the line or property now or formerly belonging to Cogburn Associates; thence South 86° 23’ 30” West and along the line of Cogburn Associates a distance of 690.93 feet to the iron pin found at the TRUE POINT OF BEGINNING. This ______ day of ________________, 2015. CITY OF MILTON, GEORGIA By:__________________________________ Joe Lockwood, Mayor ATTEST: ________________________________ Sudie Gordon City Clerk City of Milton, Georgia Sworn to and subscribed before me this _____ day of _____________ 2015 _______________________ Notary Public HOME OF ' M I LT N ESTAMISHE700 CITY COUNCIL AGENDA ITEM TO: City Council DATE: June 29, 2015 FROM: City Manager AGENDA ITEM: Approval of a Professional Services Contract with Barge, Waggoner, Sumner & Cannon, Inc. to Provide Bridge Inspection Services for Three Bridges. MEETING DATE: Monday, July 6, 2015 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: XAPPROVED () NOTAPPROVED CITY ATTORNEY APPROVAL REQUIRED: DYES () NO CITY ATTORNEY REVIEW REQUIRED: k YES O NO APPROVAL BY CITY ATTORNEY k)APPROVED O NOT APPROVED PLACED ON AGENDA FOR: 07oG1� REMARKS © yours PHONE: 678.242.25001 FAX: 678.242,2499 d ffieh info@cityofmiltonga.us www WIL Community 00 13000 Deerfield Porkway, Suite 107 1 Milton GA 30004 �`--" #i.ertified * Top t00 a�jB�l To: Honorable Mayor and City Council Members From: Carter Lucas, PE – Director of Public Works Date: Submitted on June 29, 2015 for the July 6, 2015 Regular Council Meeting Agenda Item: Approval of a Professional Services Contract with Barge, Waggoner, Sumner & Cannon, Inc. to Provide Bridge Inspection Services for Three Bridges ______________________________________________________________________________ Department Recommendation: Approval. Executive Summary: The project is to provide an overall comprehensive evaluation of three sample bridges in the city.  Bethany Road over Cooper Sandy Creek  Providence Road over Cooper Sandy Creek  Freemanville Road over Cooper Sandy Creek These bridges were selected because they represent the most common bridge conditions that we have through-out the city and due to their relative ease of access. This evaluation will be used as the basis to develop a more comprehensive bridge capital maintenance and improvement/replacement program. This evaluation will review the state inspection report and make recommendations for compliance with those requirements. It will also look at the overall state of each bridge including alignment, guardrail, shoulders, approach slabs as well as other components that may require further testing or evaluation. The results will be a recommendation of rehabilitation vs replacement recommendation, an annual inspection list, standard details and specifications for use on future bridge maintenance projects. This pilot project will also be the basis for a future RFQ to perform similar inspections on other bridges within the city. Staff is recommending approval of the Professional Services contract with Barge, Waggoner, Sumner & Cannon, Inc. in the amount of the $29,977. Bridge Inspection Page 2 of 2 Funding and Fiscal Impact: Funding for this project is available in the Bridge Replacement Program account in the Capital Improvement Budget. Alternatives: None. Legal Review: Paul Higbee - Jarrard & Davis, LLP (June 22, 2015) Concurrent Review: Chris Lagerbloom - City Manager Attachment(s): Professional Services Agreement HOME OF ",f 5"�7 ; . - M ILI UIN ESTABLISI IED 2006 PROFESSIONAL SERVICES AGREEMENT MILTON BRIDGE EVALUATION This Agreement made and entered into this day of , in the year 2015, 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 Barge, Waggoner, Sumner & Cannon, Inc. ("Consultant") having its principle place of business at 211 Commerce Street, Nashville, TN 37201. WHEREAS, the City of Milton will require certain professional engineering services beginning upon the issuance of a Notice to Proceed by the City; and WHEREAS, the City's Purchasing Policy authorizes the procurement of professional services contracts of $30,000.00 or less; and WHEREAS, the City has determined that this Agreement constitutes such professional services; NOW THEREFORE, in consideration of the mutual covenant and promises contained herein, the parties agree as follows: 1.0 Scope of Work; Compensation 1.1 The Consultant agrees to provide all Services specified in Exhibit "A", attached hereto and incorporated herein by reference. No payments will be made for unauthorized work. Invoices should be submitted to Honor Motes, 13000 Deerfield Parkway, Milton GA 30004, for approval. Payment will be sent to the designated address by U. S. Mail only; payment will not be hand -delivered. 1.2 City agrees to pay Consultant for the services performed and costs incurred by Consultant upon the City's certification that the services were actually performed and costs actually incurred in accordance with this Agreement. Compensation for services performed and, if applicable, reimbursement for costs incurred shall be paid to Consultant upon the City's receipt and approval of an invoice, submitted upon completion of the Work, setting forth in detail the services performed and costs incurred. Invoices shall reflect charges incurred versus charges budgeted. The total amount paid under this Agreement for the Work shall not, in any case, exceed a lump sum fee of $29,977.00 (the "Contract Price") for the following tasks without prior written approval from the City: See attachment A for Scope of Work. 1.3 Consultant shall take no calculated risk in the performance of the Work. Specifically, Consultant agrees that in the event it cannot perform the Work within the budgetary limitations established without disregarding sound principles of Consultant's industry, Consultant will give written notice thereof immediately to the City. 1.4 The City reserves the right to order changes in the Work to be performed under this Agreement by altering, adding to, or deducting from the Work. All such changes shall be incorporated in written change orders executed by the Consultant and the City. Such change orders shall specify the changes ordered and any necessary adjustment of compensation and completion time. If the Parties cannot reach an agreement on the terms for performing the changed work within a reasonable time to avoid delay or other unfavorable impacts as determined by the City in its sole discretion, the City shall have the right to determine reasonable terms and the Consultant shall proceed with the changed work. 1.5 Any work added to the scope of this Agreement by a change order shall be executed under all the applicable conditions of this Agreement. No claim for additional compensation or extension of time shall be recognized, unless contained in a written change order duly executed on behalf of the City and the Consultant. 1.6 The City Manager has authority to execute without further action of the Milton City Council, any number of change orders so long as their total effect does not materially alter the terms of this Agreement or materially increase the total amount to be paid under this Agreement. Any such change orders materially altering the terms of this Agreement or increasing the total amount to be paid under this Agreement in excess of $10,000, must be approved by resolution of the Milton City Council. 2.0 Independent Contractor 2.1. The Consultant is an independent Contractor. The Consultant is not an employee, agent or representative of the City of Milton. The Consultant shall obtain and maintain, at the Consultant's expense, all permits, license or approvals that may be necessary for the performance of the services. 2.2 Inasmuch as the City of Milton and the Consultant are entities independent of one another, neither has the authority to bind the other to any third person or otherwise to act in any way as the representative of the other, unless otherwise expressly agreed to in writing signed by both parities hereto. The Consultant agrees not to represent itself as the City's agent for any purpose to any party or to allow any employee of the Consultant to do so, unless specifically authorized, in advance and in writing, to do so, and then only for the limited purpose stated in such authorization. The Consultant shall assume full liability for any contracts or agreements the Consultant enters into on behalf of the City of Milton without the express knowledge and prior written consent of the City. 3.0 Indemnification The Consultant covenants and agrees to take and assume all responsibility for negligent services rendered in connection with this Agreement. The Consultant shall bear all losses and damages directly or indirectly resulting to it on account of the negligent performance or character of the services rendered pursuant to this Agreement. Consultant shall indemnify and hold harmless the City, its officers, boards, commissions, elected and appointed officials, and employees from and against any and all liability, judgments, damages, losses, and expenses, including but not limited to, attorney's fees, which may be the result of willful, negligent or tortuous conduct to the extent caused by 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. This obligation to indemnify and defend the City, its members, officers, agents, employees and volunteers shall survive termination of this Agreement. 2 4.0 Insurance (1) Requirements: The Consultant shall have and maintain in full force and effect for the duration of this Agreement, insurance insuring against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Work by the Consultant, its agents, representatives, employees or sub -consultants. All policies shall be subject to approval by the City Attorney to form and content. These requirements are subject to amendment or waiver if so approved in writing by the City Manager. (2) Minimum Limits of Insurance: Consultant shall maintain limits no less than: (a) Comprehensive General Liability of $1,000,000 combined single limit per occurrence for bodily and personal injury, sickness, disease or death, injury to or destruction of property, including loss of use resulting there from. (b) Comprehensive Automobile Liability (owned, non -owned, hired) of $1,000,000 combined single limit per occurrence for bodily and personal injury, sickness, disease or death, injury to or destruction of property, including loss of use resulting there from. (c) Professional Liability of $1,000,000 limit for claims arising out of professional services caused by the Consultant's errors, omissions, or negligent acts. (d) Workers' Compensation limits as required by the State of Georgia and employers Liability limits of $1,000,000 per accident. (3) Deductibles and Self4nsured Retentions: Any deductibles or self-insured retentions must be declared to and approved by the City. (4) Other Insurance Provisions: The policy is to contain, or be endorsed to contain, the following provisions: (a) General Liability and Automobile Liability Coverage. (i) The City, its officials, employees, agents and volunteers are to be covered as insured as respects: liability arising out of activities performed by or on behalf of the Consultant; products and completed operations of the Consultant; premises owned, leased, or used by the Consultant; automobiles owned, leased, hired, or borrowed by the Consultant. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officials, employees, agents or volunteers. (ii) The Consultant's insurance coverage shall be primary noncontributing insurance as respects to any other insurance or self-insurance available to the City, its officials, employees, agents or volunteers. Any insurance or self-insurance maintained by the City, its officials, employees or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. (iii) Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its officials, employees, agents or volunteers. (iv) Coverage shall state that the Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (v) Coverage shall be provided on a "pay on behalf' basis, with defense costs payable in addition to policy limits. There shall be no cross liability exclusion. (vi) The insurer agrees to waive all rights of subrogation against the City, its officials, employees, agents and volunteers for losses arising from work performed by the Consultant for the City. (vii) All endorsements to policies shall be executed by an authorized representative of the insurer. (b) Workers' Compensation Coverage. The insurer will agree to waive all rights of subrogation against the City, its officials, employees, agents and volunteers for losses arising from work performed by the Consultant for the City. (c) All Coverages. 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. (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. 4 (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 at the same minimum amounts 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 CGL and auto policies required by this Agreement. 5.0 Term; Termination The term of this Agreement shall be from [INSERT START DATE] and shall terminate absolutely and without further obligation on the part of the City on December 31, 2015, provided that this Agreement, absent written notice of non -renewal provided by the City to Consultant at least thirty (30) days prior to December 31, 2015, shall automatically renew on January 1, 2016 to December 31, 2016. The City may terminate this Agreement upon a breach of any provision of this Agreement by Consultant and Consultant's subsequent failure to cure such breach within fifteen (15) days of receipt from the City of a written notice of the breach. Title to any supplies, materials, equipment, or other personal property shall remain in the Consultant until fully paid by the City. 6.0 Compliance with All Laws and Licenses The Consultant must obtain all necessary licenses and comply with local, state and federal requirements. The Consultant shall comply with all laws, rules and regulations of any governmental entity pertaining to its performance under this Agreement. 7.0 Assignment The Consultant shall not assign or subcontract the whole or any part of this Agreement without the City of Milton's prior written consent. 8.0 Amendments in Writing No amendments to this Agreement shall be effective unless it is in writing and signed by duly authorized representatives of the parties. 9.0 Expertise of Consultant Consultant accepts the relationship of trust and confidence established between it and the City, recognizing that the City's intention and purpose in entering into this Agreement is to engage an entity with the requisite capacity, experience, and professional skill and judgment to provide the services in pursuit of the timely and competent completion of the Work undertaken by Consultant under this Agreement. Notwithstanding any other provision of this Agreement, Consultant shall perform its services in accordance with the customary standard of professional care. 10.0 Governing Law This Agreement shall be governed in all respects by the laws of the State of Georgia. 11.0 Interpretation of Documents In the event of a conflict in language between this Agreement and any exhibit to this Agreement, the provisions most favorable to the City shall govern. 12.0 Entire Agreement This Agreement constitutes the entire Agreement between the parties with respect to the subject matter contained herein; all prior agreements, representations, statements, negotiations, and undertakings are suspended hereby. Neither party has relied on any representation, promise, nor inducement not contained herein. 13.0 Waiver of Agreement The City's failure to enforce any provision of this Agreement or the waiver in a particular instance shall not be construed as a general waiver of any future breach or default. 14.0 Sovereign Immunity Nothing contained in this Agreement shall be construed to be a waiver of the City's sovereign immunity or any individual's qualified good faith or official immunities. 15.0 Notices All other notices, writings or correspondence as required by this Agreement shall be in writing and shall be deemed received, and shall be effective, when: (1) personally delivered, or (2) on the third day after the postmark date when mailed by certified mail, postage prepaid, return receipt requested, or (3) upon actual delivery when sent via national overnight commercial carrier to the Parties at the addresses given below, unless a substitute address shall first be furnished to the other Parties by written notice in accordance herewith: NOTICE TO THE CITY shall be sent to: City Manager City of Milton 13000 Deerfield Parkway, Suite 107F Milton, Georgia 30004 NOTICE TO THE CONSULTANT shall be sent to: Barge, Waggoner, Sumner & Cannon, Inc. 211 Commerce Street Nashville, TN 37201 16.0 No Personal Liability No member, official or employee of the City shall be personally liable to the Consultant or any successor in interest in the event of any default or breach by the City or for any amount which may become due to the Consultant or successor or on any obligation under the terms of this Agreement. Likewise, Consultant's performance of services under this Agreement shall not subject Consultant's individual employees, officers or directors to any personal liability. The Parties agree that their sole and exclusive remedy, claim, demand or suit shall be directed and/or asserted only against Consultant or the City, respectively, and not against any employee, officer, director, or elected or appointed official. 17.0 Employment of Unauthorized Aliens Prohibited (1) E -Verify Affidavit It is the policy of the City of Milton that unauthorized aliens shall not be employed to perform work on City contracts involving the physical performance of services. Therefore, the City shall not enter into a contract for the physical performance of services within the State of Georgia unless: (1) the Contractor shall provide evidence on City -provided forms, attached hereto as Exhibits "A" and `B" (affidavits regarding compliance with the E -Verify program to be swom 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 "A", 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 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. 18.0 Nondiscrimination In accordance with Title VI of the Civil Rights Act, as amended, 42 U.S.C. § 2000d, section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6102, section 202 of the Americans with Disabilities Act of 1990, 42 U.S.C. § 12132, and all other provisions of Federal law, the Consultant agrees that, during performance of this Agreement, Consultant, for itself, its assignees and successors in interest, will not discriminate against any employee or applicant for employment, any subcontractor, or any supplier because of race, color, creed, national origin, gender, age or disability. In addition, Consultant agrees to comply with all applicable implementing regulations and shall include the provisions of this Section 18.0 in every subcontract for services contemplated under this Agreement. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed by their duly authorized officers as of the day and year set forth next to each signature. BARGE, WAGGONER, SU & CANNON, INC. a6g��-- Signature V -F.- ->47� Print Name SIGNED, SEALED, AND DELIVERED pres e o Witness (►ou atttesst� L��1 PriLaName Notary Public [NOTARY SEAL] My Commission Expires: I.30• OIC SIGNED, SEALED, AND DELIVERED In the presence of: Witness Notary Public [NOTARY SEAL] My Commission Expires: ca)L )Ce.c, V (, Title [AFFIX CORPORATE SEAL] le0Nt�1�r����l� „w : •STATE •• SO OF ` • Z �. TENNESSEE — r - i OTghSY •.PUBLIC� .� MILTON CITY COUNCIL: Joe Lockwood, Mayor [CITY SEAL] B TTV V BARGE WAGGONER SIJMNER & CANNON, INC. Exhibit "A" - Scope of Work Bridge Inspection and Report Milton — 3 bridges May 14, 2015 The scope of work is presented in the following elements: I. Project Description Il. Scope of Services III. Project Understandings, Assumptions and Exclusions IV. Time of Performance V. Client's Responsibilities Vl. Deliverables VII. Compensation I. PROJECT DESCRIPTION Barge, Waggoner, Sumner & Cannon, Inc. (BWSC) is proposing the following scope of services will be provided to the City of Milton (CLIENT) for professional engineering services for the inspection and rehabilitation recommendations for three bridges in the City of Milton (PROJECT). Three bridges have been identified by Carter Lucas, Public Works Director, City of Milton for inspection and rehabilitation recommendations. These include the following: • Bethany Road over Cooper Sandy Creek 121-0281 • Providence Road over Cooper Sandy Creek 121-5016 • Freemanville Road over Cooper Sandy Creek 121-5153 Each bridge inspection will be performed by an FHWA-NHI certified bridge inspector. II. SCOPE OF SERVICES Pre -Bridge Inspection Activities BWSC will ■ Request and research available materials - o GDOT bridge inventories ■ Sufficiency rating ■ Structural Evaluation — breaks down each portion of bridge — can pinpoint prior known deficiency o GDOT bridge inspection/maintenance reports and recommendations o Existing bridge plans — if available o Load rating — if available Bridge Inspections/Site Visits BWSC will ■ Perform a capital improvement bridge inspection. ■ Perform a walk-through of site ■ Perform visual inspections/measurement of guardrail lengths ■ Perform visual inspection of bridge — cracks, spalls, section loss, etc ■ Document signs of water leakage ■ Evaluate scour around all structural elements that are able to be inspected using waders Produce sketches of items to be rehabilitated for inclusion in the report Document with photos Determine the following — o Deficient Structural Conditions — if a condition exists on a structural component that warrants a structural analysis. An example is an exposed or broken prestressing strand. o Functional Conditions — situations that are not structural in nature but could require immediate attention ■ Damaged approach guardrail ■ Erosion of the shoulder ■ Settled approach slab ■ Missing load posting signs o Suspect Conditions Requiring Further Consideration or Testing Develop the Inspection Report BWSC will • Prepare a report that documents the following — o Recommendations for rehabilitation vs replacement ■ Items to inspect yearly ■ Rehabilitation that can be done to extend life ■ Recommend testing/coring/replacing approach o Sketches of damaged areas from inspections, if required o Photos with descriptions o Develop cost estimate for repair and replacement — recommended repair, quantities, GDOT pay items o Develop standard details/notes/specifications for common maintenance items for these three bridges — using GDOT preferred where available — Examples of potential items - ■ Steel pile encasement ■ Steel pile and swaybracing painting ■ Pile bent swaybracing ■ Deck repair — remove/mill asphalt overlay and overlay with concrete. ■ Cleaning debris from around bents/columns ■ Patching concrete — spall repair — superstructure or substructure ■ Replacing riprap ■ Approach slab replacement ■ Guardrail replacement III. PROJECT UNDERSTANDINGS, ASSUMPTIONS AND EXCLUSIONS BWSC will provide the above noted services based upon a given set of assumptions. These assumptions are as follows: 1. No construction plans suitable for letting will be produced. 2. The bridges are all accessible by ladder — no snooper truck will be required. 3. Traffic control will be provided by the CLIENT. 4. The CLIENT will clear the sites of underbrush prior to the inspections. 5. No inspection will be conducted below the water surface. 6. No material or bridge component testing will be conducted. 7. No structural analysis or design shall be conducted. IV. TIME OF PERFORMANCE For planning purposes, BWSC estimates the inspections and report being completed within approximately three (3) months from the date that all necessary information is provided. V. CLIENT'S RESPONSIBILITIES BWSC strives to work closely with our clients. In order for the project team to function efficiently certain information is needed to be provided by the client and other interested stakeholders in a timely manner. These items and responsibilities are noted below: A. Provide information as required to support development of BWSC's scope as required in the project agreement for services VI. DELIVERABLES As part of BWSC's professional services, an inspection report will be produced. The following is the probable deliverable that will be produced as a part of this effort: A. Inspection Report that includes the following — o Recommendations for rehabilitation vs replacement o Sketches from bridge inspections o Photos with descriptions from bridge inspections o Cost estimates o Standard details/notes/specifications for repairs needed for these three bridges VII. COMPENSATION The compensation to be paid to BWSC for providing requested services shall be as follows: Fee Summary Table _ Items Fee Type Amount ----Fee A. Bridge Inspection and Recommendation I Lump Sum Services $29,977.00 TOTAL $29,977.00 EXHIBIT `B" 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: 24 °0 2500 eVerify Number a • oa - 200 01 Date of Authorization BWSC Name of Contractor Milton Bridge Evaluations 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 2015 in (city), (state V` Signature 6f Autho ' d Officer or Agent Printed Name and Title of'Authorized Officer or Agent SUBSCRIBED, —GAND SWORN BEFORE ME ON THIS THE ^� DAY OF ULLI 0 NOTARY PUBLIC [NOTARY SEAL] My Commission Expires: 1 j - P, 15 Is sit," STATE��•• OF 2 TENNESSEE - NOTARY EXHIBIT "C" 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 BWSC, 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 Milton Bridge Evaluations 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 _, 2015 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 2015. NOTARY PUBLIC [NOTARY SEAL] My Commission Expires: HOME OF' M-ILTONIIIN ESTAM-]SHED 2046 CITY COUNCIL AGENDA ITEM TO: City Council DATE: July 1, 2015 FROM: City Manager AGENDA ITEM: Approval of a Construction Services Agreement between the City of Milton and Blount Construction, Inc. for the "13590 Weycroft Circle Stormwater System Improvements". MEETING DATE: Monday, July 6, 2015 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER. V APPROVED (} NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: 6(j YES () NO CITY ATTORNEY REVIEW REQUIRED. YES () NO APPROVAL BY CITY ATTORNEY YAPPROVED O NOT APPROVED PLACED ON AGENDA FOR: REMARKS D-7olotS;- © .* Youlin PHONE: 678.242.25001 FAX: 678,242.2499 GYeEt1 V ,*C ndwd* foP�a� info@cifyofmiifonga.us J www.cityofmiitonga.us ti�'�� Community 1`� 13000 Deerfield Parkway, Suite 107 � Milton GA 30004 Page 1 of 2 To: Honorable Mayor and City Council Members From: James Seeba, Stormwater Engineer, Public Works Department Date: Submitted on July 1, 2015 for the July 6, 2015 Regular Council Meeting Agenda Item: Approval of a Construction Services Agreement between the City of Milton and Blount Construction, Inc. for the “13590 Weycroft Circle Stormwater System Improvements”. ____________________________________________________________________________ Department Recommendation: Approval. Executive Summary: This project generally consists of repairs to a failing section of a 54 inch stormwater drainage pipe. The existing pipe section has partially failed creating a sink hole on the edge of the road right-of- way. Failure to perform these repairs at this time would result in continued deterioration, a safety concern, and could possibly result in a failure of the roadway fill. In accordance with the city procurement procedures we submitted invitations to provide written bids to four qualified firms in our area. Only one firm, Blount Construction, Inc., responded to our request. Reportedly, the reasons cited for the no bid responses were “too busy” and “too small a project”. Blount Construction, Inc. was determined to be the lowest reliable bidder. Staff is recommending approval of a Construction Services Agreement with Blount Construction, Inc. in the amount of $9,430.00. Table 1. Bid Summary Firm Bid Strickland Construction, Inc. No Bid Blount Construction, Inc. $9,430.00 TriScapes, Inc. No Bid Layne Inliner, Inc. No Bid Funding and Fiscal Impact: Funding for this project is available in the Public Works Stormwater Maintenance budget in the Public Works Department. Page 2 of 2 Alternatives: There are no alternatives to this project. Legal Review: Jarrard & Davis, LLP – Paul Higbee (6/10/2015) Concurrent Review: Chris Lagerbloom, City Manager Attachment(s): Construction Services Agreement 1 CONSTRUCTION SERVICES AGREEMENT FOR 13590 WEYCROFT CIRCLE STORMWATER SYSTEM IMPROVEMENTS This Agreement (the “Agreement”) to provide stormwater improvements is made and entered into this ___ day of ____, 2015, by and between the CITY OF MILTON, a municipal corporation of the State of Georgia, acting by and through its governing authority, the Milton City Council (hereinafter referred to as the “City”), Blount Construction Company, Inc. (hereinafter referred to as the “Contractor”) having its principal place of business at 1730 Sands Place, Marietta, Georgia 30067. W I T N E S S E T H: WHEREAS, the City issued an Invitation to Bid for the 13590 Weycroft Circle Stormwater System Improvements; and WHEREAS, based upon Contractor’s bid to complete these drainage improvement, as required by the bid documents, the City has selected Contractor as the winning bidder, and WHEREAS, Contractor has agreed to perform such work as set forth in this Agreement, according to the terms and conditions provided in this Agreement; and WHEREAS, Contractor has familiarized itself with the nature and extent of the Contract Documents, the Project, and the Work, with all local conditions and federal, state and local laws, ordinances, rules and regulations in any manner that may affect cost, progress or performance of work, and Contractor is aware that he must be licensed to do business in the State of Georgia. NOW THEREFORE, the City and Contractor, in consideration of the mutual promises contained herein and other good and valuable consideration, the sufficiency of which is hereby acknowledged, agree as follows: Section 1 Contract Documents The following documents are incorporated herein by reference and constitute the Contract Documents: A. This Agreement (18 Pages); B. Invitation to Bid ITB (6 Pages), attached hereto as Exhibit “A”; 2 C. Bid from Contractor (1 Page), attached hereto as Exhibit “B”; D. Performance and Other Bonds, attached hereto collectively as Exhibit “C”; E. Non-collusion Affidavit of Prime Proposer, attached hereto as Exhibit “D”, F. Contractor Affidavit and Agreement, attached hereto as Exhibit “E”; G. Subcontractor Affidavit, attached hereto as Exhibit “F”; H. Plans and specifications, attached hereto collectively as Exhibit “G”, I. Final Affidavit, attached hereto as Exhibit “H”, J. The following which may be delivered or issued after the Effective Date of the Agreement and are not attached hereto: All Written Amendments and other documents amending, modifying, or supplementing the Contract Documents if properly adopted in writing and executed by the Parties; and K. City of Milton Code of Ethics. In the event of any discrepancy among the Contract Documents, that provision that inures most to the benefit of the City, as determined by the City in its sole discretion, shall govern. Section 2 Project Description The scope of this project generally consists of the improvements to a drainage easement, storm drainage ditch, storm drain cleaning, and video monitoring of the storm drainage system. Section 3 The Work The Work is specified and indicated in the Contract Documents (the “Work”). In the event of any discrepancy among the Contract Documents, the provision operating most to the benefit of the City, as determined by the City in its sole discretion, shall govern. The Work previously described includes all material, labor, insurance, tools, equipment, and any other miscellaneous items necessary to complete the Work as described. Contractor shall complete the Work in strict accordance with the Contract Documents. Section 4 Contract Time This Contract shall take effect on ___________. Contractor agrees to complete the Project within 30 calendar days from the date of Notice to Proceed. Every effort will be made by Contractor to shorten this period. Section 5 Contractor's Com ensation• Time and Method of Payment A. The total amount paid under this Agreement shall not, in any case, exceed $9,430.00 except as outlined in Section 6 below. City agrees to pay the Contractor for the work upon certification by the City that the Work was actually performed and costs actually incurred in accordance with the Agreement. This amount shall include all use, lease, or other taxes, and all expenses for personnel and equipment (including fuel) that Contractor will incur to provide the Work. Unless otherwise agreed in writing signed by both Parties, the compensation payable by the City to Contractor is limited to the price amount set forth in the Proposal Submittal Form, and City will not pay any other sum attributable to taxes, costs or expenses that Contractor may incur in providing the Work. B. Compensation for Work performed shall be paid to the Contractor upon receipt and approval by the City of invoices setting forth in detail the Work performed. Invoices shall be submitted on a monthly basis, and such invoices shall reflect charges incurred versus charges budgeted. Each invoice shall be accompanied by an Interim Waiver and Release upon Payment (or a Waiver and Release upon Final Payment in the case of the invoice for final payment) procured by the Contractor from all subcontractors in accordance with O.C.G.A. § 44-14-366. C. City and Contractor shall comply with the provisions of O.C.G.A. § I3-10-80. The Contractor through each invoice may request payment of no more than ninety percent (90%) of that portion of the Work completed during the term covered by such invoice until fifty percent (50%) of the Contract Price, as may be adjusted, is due and the manner of completion of the Work and its progress are reasonably satisfactory to the City. Payment for the remaining ten percent (10%) of Work completed and covered by such invoices shall be retained by the City until Final Completion. Once fifty percent (50%) of the Contract Price, as may be adjusted, is due and the manner of completion of the Work and its progress are reasonably satisfactory to the City, no additional retainage shall be withheld, except as provided below. At the discretion of the City and with the written approval of the Contractor, the retainage of each subcontractor may be released separately as the subcontractor completes his or her work. D. If, after discontinuing the retention, the City determines that the Work is unsatisfactory or has fallen behind schedule, retention may be resumed at the previous level. If retention is resumed by the City, the Contractor and subcontractors shall be entitled to resume withholding retainage accordingly. At Final Completion of the Work and as the City determines the Work to be reasonably satisfactory, the City shall, within 30 days after the invoice and other appropriate documentation as may be required by the Contract Documents are provided to the City, pay the retainage to the Contractor. If at that time there are any remaining incomplete minor items, an amount equal to 200 percent of the value of each item as determined by the City shall be withheld until such item or items are completed. The reduced retainage shall be shared by the Contractor and subcontractors as their interests may appear. 3 4 The Contractor shall, within ten (10) days from its receipt of retainage from the City, pass through payments to subcontractors and shall reduce each subcontractor’s retainage in the same manner as the Contractor’s retainage is reduced by the City; provided, however, that the value of each subcontractor’s work complete and in place equals fifty percent (50%) of his or her subcontract value, including approved change orders and other additions to the subcontract value, provided, further, that the work of the subcontractor is proceeding satisfactorily and the subcontractor has provided or provides such satisfactory reasonable assurances of continued performance and financial responsibility to complete his or her work including any warranty work as the Contractor in his or her reasonable discretion may require, including, but not limited to, a payment and performance bond. The subcontractor shall, within ten (10) days from the subcontractor’s receipt of retainage from the Contractor, pass through paym ents to lower tier subcontractors and shall reduce each lower tier subcontractor’s retainage in the same manner as the subcontractor’s retainage is reduced by the Contractor; provided, however, that the value of each lower tier subcontractor’s work complete and in place equals fifty percent (50%) of his or her subcontract value, including approved change orders and other additions to the subcontract value; provided, further, that the work of the lower tier subcontractor is proceeding satisfactorily and the lower tier subcontractor has provided or provides such satisfactory reasonable assurances of continued performance and financial responsibility to complete his or her work including any warranty work as the subcontractor in his or her reasonable discretion may require, including, but not limited to, a payment and performance bond. Neither final payment nor any retained percentage shall become due until the Contractor submits to the City: (1) an affidavit that payrolls, bills for materials and equipment, and other indebtedness connected with the Work for which the City or City property might be responsible or encumbered (less amounts withheld by City) have been paid or otherwise satisfied; (2) a certificate evidencing that insurance, required by the Contract Documents to remain in force after final payment, is currently in effect and will not be canceled or allowed to expire until at least 30 calendar days prior written notice has been given to the City; (3) a written statement that the Contractor knows of no substantial reason that the insurance will not be renewable to cover the period required by the Contract Documents; (4) consent of surety, if any, to final payment; (5) a release or waiver of liens, claims, security interests, and encumbrances by all subcontractors and material suppliers; and (6), if required by the City, other data establishing payment or satisfaction of obligations, such as receipts, to the extent and in such form as may be designated by the City. If a subcontractor or material supplier refuses to furnish a release or waiver as required by the City, the Contractor may furnish a bond satisfactory to the City to indemnify the City against such lien. If such lien remains unsatisfied after payments are made, the Contractor shall refund to the City all money that the City may be compelled to pay in discharging such lien, including all costs and reasonable attorneys' fees. 5 Acceptance of final payment by the Contractor, a subcontractor or material supplier shall constitute a waiver of claims by that payee, except those claims previously made in writing and identified by that payee as unsettled at the time of final application for payment. E. Any material deviations in tests or inspections performed, times or locations required to complete such tests or inspections and like deviations from the Work described in this Agreement shall be clearly communicated to the City before charges are incurred and shall be handled through change orders or construction change directives as described in Section 6 below. All invoices should be submitted to Honor Motes, the City’s Budget and Procurement Coordinator, for approval. The City shall pay the Contractor within thirty (30) days after approval of the invoice by the City. No payments will be made for unauthorized work. Payment will be sent to the designated address by U.S. Mail only; payment will not be hand-delivered. F. The City may withhold payment or final payment for reasons including, but not limited to, the following: unsatisfactory job performance or progress, defective work, disputed work, failure to comply with material provisions of the Agreement, third party claims filed or reasonable evidence that a claim will be filed or other reasonable cause. Section 6 Work Changes A. The City reserves the right to order changes in the Work to be performed under this Agreement by altering, adding to, or deducting from the Work. All such changes shall be incorporated in written change orders executed by the Contractor and the City. Such change orders shall specify the changes ordered and any necessary adjustment of compensation and completion time. If the Parties cannot reach an agreement on the terms for performing the changed work within a reasonable time to avoid delay or other unfavorable impacts as determined by the City in its sole discretion, the City shall have the right to determine reasonable terms and the Contractor shall proceed with the changed work. B. Any work added to the scope of this Agreement by a change order shall be executed under all the applicable conditions of this Agreement. No claim for additional compensation or extension of time shall be recognized, unless contained in a written change order duly executed on behalf of the City and the Contractor. C. The City Manager has authority to execute without further action of the Milton City Council, any number of change orders so long as their total effect does not materially alter the terms of this Agreement or materially increase the total amount to be paid under this Agreement. Any such change orders materially altering the terms of this Agreement or increasing the total amount to be paid 6 under this Agreement in excess of $5,000, must be approved by resolution of the Milton City Council. Section 7 Covenants of Contractor. A. Ethics Code Contractor agrees that it shall not engage in any activity or conduct that would be in violation of the City of Milton Code of Ethics. B. Time is of the Essence Contractor specifically acknowledges that TIME IS OF THE ESSENCE for completion of the Project. C. Expertise of Contractor Contractor accepts the relationship of trust and confidence established between it and the City, recognizing that the City’s intention and purpose in entering into this Agreement is to engage an entity with the requisite capacity, experience, and professional skill and judgment to provide the services in pursuit of the timely and competent completion of the Work undertaken by Contractor under this Agreement. D. Budgetary Limitations Contractor agrees and acknowledges that budgetary limitations are not a justification for breach of sound principals of Contractor’s profession and industry. Contractor shall take no calculated risk in the performance of the Work. Specifically, Contractor agrees that, in the event it cannot perform the Work within the budgetary limitations established without disregarding sound principals of Contractor’s profession and industry, Contractor will give written notice immediately to the City. E. City’s Reliance on the Work The Contractor acknowledges and agrees that the City does not undertake to approve or pass upon matters of expertise of the Contractor and that; therefore, the City bears no responsibility for Contractor’s services performed under this Agreement. The Contractor acknowledges and agrees that the acceptance of Work by the City is limited to the function of determining whether there has been compliance with what is required to be produced under this Agreement. The City will not, and need not, inquire into adequacy, fitness, suitability or correctness of Contractor’s performance. Contractor further agrees that no approval of designs, plans, specifications, or work by any person, body or agency shall relieve Contractor of the responsibility for adequacy, fitness, suitability, and correctness of Contractor’s professional and industry standards or for performing services 7 under this Agreement in accordance with sound and accepted professional and industry principals. F. Contractor’s Reliance of Submissions by the City Contractor must have timely information and input from the City in order to perform the services required under this Agreement. Contractor is entitled to rely upon information provided by the City, but Contractor shall be required to provide immediate written notice to the City if Contractor knows or reasonably should know that any information provided by the City is erroneous, inconsistent, or otherwise problematic. G. Contractor’s Representative ___________________________________ shall be authorized to act on Contractor’s behalf with respect to the Work as Contractor’s designated representative. H. Assignment of Agreement The Contractor covenants and agrees not to assign or transfer any interest in, nor delegate any duties of this Agreement, without the prior express written consent of the City. I. Responsibility of Contractor and Indemnification of City The Contractor covenants and agrees to take and assume all responsibility for the services rendered in connection with this Agreement. The Contractor shall bear all losses and damages directly or indirectly resulting to it on account of the performance or character of the services rendered pursuant to this Agreement. Contractor shall defend, indemnify and hold harmless the City, its officers, boards, commissions, elected and appointed officials, employees and agents from and against any and all claims, suits, actions, liability, judgments, damages, losses, and expenses, including but not limited to, attorney’s fees, which may be the result of willful, negligent or tortuous conduct arising out of the Work, performance of contracted services, or operations by the Contractor, any subcontractor, anyone directly or indirectly employed by the Contractor or subcontractor or anyone for whose acts the Contractor or subcontractor may be liable, regardless of whether or not the negligent act is caused in part by a party indemnified hereunder. Such obligation shall not be construed to negate, abridge, or otherwise reduce any other right or obligation of indemnity which would otherwise exist as to any party or person described in this provision. In any and all claims against the City or any of its agents or employees, by any employee of the Contractor, any subcontractor, anyone directly or indirectly employed by 8 the Contractor or subcontractor or anyone for whose acts the Contractor or subcontractor may be liable, the indemnification obligation set forth in this provision shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the Contractor or any subcontractor under workers’ or workmen’s compensation acts, disability benefit acts or other employee benefit acts. This obligation to indemnify and defend the City, its members, officers, agents, employees and volunteers shall survive termination of this Agreement. Contractor shall not be required to indemnify the City or its officers, boards, commissions, elected or appointed officials, employees or agents against liability or claims for damages, losses, or expenses, including attorney fees, arising out of bodily injury to persons, death, or damage to property caused by or resulting from the sole negligence of the City or its officers, boards, commissions, elected or appointed officials, employees or agents. J. Independent Contractor Contractor hereby covenants and declares that it is engaged in an independent business and agrees to perform the services as an independent contractor and not as the agent or employee of the City. The Contractor agrees to be solely responsible for its own matters relating to the time and place the services are performed; the instrumentalities, tools, supplies and/or materials necessary to complete the services; hiring of Contractors, agents or employees to complete the services; and the payment of employees, including compliance with Social Security, withholding and all other regulations governing such matters. The Contractor agrees to be solely responsible for its own acts and those of its subordinates, employees, and subcontractors during the life of this Agreement. Any provisions of this Agreement that may appear to give the City the right to direct Contractor as to the details of the services to be performed by Contractor or to exercise a measure of control over such services will be deemed to mean that Contractor shall follow the directions of the City with regard to the results of such services only. The Contractor shall obtain and maintain, at the Contractor’s expense, all permits, licenses, or approvals that may be necessary for the performance of the services. The Contractor shall furnish copies of all such permits, licenses, or approvals to the City of Milton Representative within ten (10) days after issuance. Inasmuch as the City of Milton and the Contractor are contractors independent of one another neither has the authority to bind the other to any third person or otherwise to act in any way as the representative of the other, unless otherwise expressly agreed to in writing signed by both parties hereto. The Contractor agrees not to represent itself as the City’s agent for any purpose to any party or to allow any employee of the Contractor to do so, unless specifically authorized, in 9 advance and in writing, to do so, and then only for the limited purpose stated in such authorization. The Contractor shall assume full liability for any contracts or agreements the Contract enters into on behalf of the City of Milton without the express knowledge and prior written consent of the City. K. Insurance (1) Requirements: The Contractor shall have and maintain in full force and effect for the duration of this Agreement, insurance insuring against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Work by the Contractor, its agents, representatives, employees or subcontractors. All policies shall be subject to approval by the City Attorney to form and content. These requirements are subject to amendment or waiver if so approved in writing by the City Manager. (2) Minimum Limits of Insurance: Contractor shall maintain limits no less than: (a) Comprehensive General Liability of $1,000,000 combined single limit per occurrence for bodily and personal injury, sickness, disease or death, injury to or destruction of property, including loss of use resulting there from. (b) Comprehensive Automobile Liability (owned, non-owned, hired) of $1,000,000 combined single limit per occurrence for bodily and personal injury, sickness, disease or death, injury to or destruction of property, including loss of use resulting there from. (c) Professional Liability of $1,000,000 limit for claims arising out of professional services caused by the Contractor’s errors, omissions, or negligent acts. (d) Workers' Compensation limits as required by the State of Georgia and employers Liability limits of $1,000,000 per accident. (3) Deductibles and Self-Insured Retentions: Any deductibles or self-insured retentions must be declared to and approved by the City. (4) Other Insurance Provisions: The policy is to contain, or be endorsed to contain, the following provisions: (a) General Liability and Automobile Liability Coverage. (i) The City, its officials, employees, agents and volunteers are to be covered as insured as respects: liability arising out of activities performed by or on behalf of the Contractor; 10 products and completed operations of the Contractor; premises owned, leased, or used by the Contractor; automobiles owned, leased, hired, or borrowed by the Contractor. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officials, employees, agents or volunteers. (ii) The Contractor’s insurance coverage shall be primary noncontributing insurance as respects to any other insurance or self-insurance available to the City, its officials, employees, agents or volunteers. Any insurance or self-insurance maintained by the City, its officials, employees or volunteers shall be excess of the Contractor’s insurance and shall not contribute with it. (iii) Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its officials, employees, agents or volunteers. (iv) Coverage shall state that the Contractor’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (v) Coverage shall be provided on a “pay on behalf” basis, with defense costs payable in addition to policy limits. There shall be no cross liability exclusion. (vi) The insurer agrees to waive all rights of subrogation against the City, its officials, employees, agents and volunteers for losses arising from work performed by the Contractor for the City. (vii) All endorsements to policies shall be executed by an authorized representative of the insurer. (b) Workers' Compensation Coverage: The insurer will agree to waive all rights of subrogation against the City, its officials, employees, agents and volunteers for losses arising from work performed by the Contractor for the City. (c) All Coverages: (i) Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled, reduced in coverage or in limits except 11 after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. (ii) Policies shall have concurrent starting and ending dates. (iii) Policies shall include an endorsement incorporating the Indemnification obligations assumed by the Contractor under the terms of this Agreement, including but not limited to Section 7(I) of this Agreement. (5) Acceptability of Insurers: Insurance is to be placed with insurers with an A.M. Bests' rating of no less than A: VII. (6) Verification of Coverage: Contractor shall furnish the City with certificates of insurance and endorsements to the policies evidencing coverage required by this clause prior to the start of work. The certificates of insurance and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificate of insurance and endorsements shall be on a form utilized by Contractor’s insurer in its normal course of business and shall be received and approved by the City prior to execution of this Agreement by the City. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. The Contractor shall provide proof that any expiring coverage has been renewed or replaced at least two (2) weeks prior to the expiration of the coverage. (7) Subcontractors: Contractor shall include all subcontractors as insured under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverage for subcontractors shall be subject to all of the requirements stated in this Agreement, including but not limited to naming the parties as additional insured. (8) Claims-Made Policies: Contractor shall extend any claims-made insurance policy for at least six (6) years after termination or final payment under the Agreement, whichever is later. (9) City as Additional Insured and Loss Payee: The City shall be named as an additional insured and loss payee on all policies required by this Agreement. L. Employment of Unauthorized Aliens Prohibited E-Verify Affidavits It is the policy of the City of Milton that unauthorized aliens shall not be 12 employed to perform work on City contracts involving the physical performance of services. Therefore, the City shall not enter into a contract for the physical performance of services within the State of Georgia unless: (1) the Contractor shall provide evidence on City-provided forms, attached hereto as Exhibits “E” and “F” (affidavits regarding compliance with the E-Verify program to be sworn under oath under criminal penalty of false swearing pursuant to O.C.G.A. § 16-10-71), that it and Contractor’s subcontractors have conducted a verification, under the federal Employment Eligibility Verification (“EEV” or “E-Verify”) program, of the social security numbers, or other identifying information now or hereafter accepted by the E-Verify program, of all employees who will perform work on the City contract to ensure that no unauthorized aliens will be employed, or (2) the Contractor provides evidence that it is not required to provide an affidavit because it is licensed pursuant to Title 26 or Title 43 or by the State Bar of Georgia and is in good standing as of the date when the contract for services is to be rendered. The Contractor hereby verifies that it has, prior to executing this Agreement, executed a notarized affidavit, the form of which is provided in Exhibit “E”, and submitted such affidavit to City or provided the City with evidence that it is not required to provide such an affidavit because it is licensed and in good standing as noted in subsection (2) above. Further, Contractor hereby agrees to comply with the requirements of the federal Immigration Reform and Control Act of 1986 (IRCA), P.L. 99-603, O.C.G.A. § 13-10-91 and Rule 300-10-1-.02. In the event the Contractor employs or contracts with any subcontractor(s) in connection with the covered contract, the Contractor agrees to secure from such subcontractor(s) attestation of the subcontractor’s compliance with O.C.G.A. § 13-10-91 and Rule 300-10-1-.02 by the subcontractor’s execution of the subcontractor affidavit, the form of which is attached hereto as Exhibit “F”, which subcontractor affidavit shall become part of the contractor/subcontractor agreement, or evidence that the subcontractor is not required to provide such an affidavit because it is licensed and in good standing as noted in subsection (2) above. If a subcontractor affidavit is obtained, Contractor agrees to provide a completed copy to the City within five (5) business days of receipt from any subcontractor. Where Contractor is required to provide an affidavit pursuant to O.C.G.A. § 13- 10-91, the City Manager or his/her designee shall be authorized to conduct an inspection of the Contractor’s and Contractor’s subcontractors’ verification process at any time to determine that the verification was correct and complete. The Contractor and Contractor’s subcontractors shall retain all documents and records of their respective verification process for a period of three (3) years 13 following completion of the contract. Further, where Contractor is required to provide an affidavit pursuant to O.C.G.A. § 13-10-91, the City Manager or his/her designee shall further be authorized to conduct periodic inspections to ensure that no City Contractor or Contractor’s subcontractors employ unauthorized aliens on City contracts. By entering into a contract with the City, the Contractor and Contractor’s subcontractors agree to cooperate with any such investigation by making their records and personnel available upon reasonable notice for inspection and questioning. Where a Contractor or Contractor’s subcontractors are found to have employed an unauthorized alien, the City Manager or his/her designee may report same to the Department of Homeland Security. The Contractor’s failure to cooperate with the investigation may be sanctioned by termination of the contract, and the Contractor shall be liable for all damages and delays occasioned by the City thereby. Contractor agrees that the employee-number category designated below is applicable to the Contractor. [Information only required if a contractor affidavit is required pursuant to O.C.G.A. § 13-10-91.] ____ 500 or more employees. ____ 100 or more employees. ____ Fewer than 100 employees. Contractor hereby agrees that, in the event Contractor employs or contracts with any subcontractor(s) in connection with this Agreement and where the subcontractor is required to provide an affidavit pursuant to O.C.G.A. § 13-10-91, the Contractor will secure from the subcontractor(s) such subcontractor(s’) indication of the above employee-number category that is applicable to the subcontractor. The above requirements shall be in addition to the requirements of State and federal law, and shall be construed to be in conformity with those laws. M. Records, Reports and Audits (1) Records: (a) Records shall be established and maintained by the Contractor in accordance with requirements prescribed by the City with respect to all matters covered by this Agreement. Except as otherwise authorized, such records shall be maintained for a period of three years from the date that final payment is made under this Agreement. Furthermore, records that are the subject of audit findings shall be retained for three years or until such audit findings have been resolved, whichever is later. (b) All costs shall be supported by properly executed payrolls, time records, invoices, contracts, or vouchers, or other official 14 documentation evidencing in proper detail the nature and propriety of the charges. All checks, payrolls, invoices, contracts, vouchers, orders or other accounting documents pertaining in whole or in part to this Agreement shall be clearly identified and readily accessible. (2) Reports and Information: Upon request, the Contractor shall furnish to the City any and all statements, records, reports, data and information related to matters covered by this Agreement in the form requested by the City. (3) Audits and Inspections: At any time during normal business hours and as often as the City may deem necessary, there shall be made available to the City for examination all records with respect to all matters covered by this Agreement. The Contractor will permit the City to audit, examine, and make excerpts or transcripts from such records, and to audit all contracts, invoices, materials, payrolls, records of personnel, conditions of employment and or data relating to all matters covered by this Agreement. N. Conflicts of Interest Contractor agrees that it shall not engage in any activity or conduct that would result in a violation of the City of Milton Code of Ethics. O. Confidentiality Contractor acknowledges that it may receive confidential information of the City and that it will protect the confidentiality of any such confidential information and will require any of its subcontractors, consultants, and/or staff to likewise protect such confidential information. The Contractor agrees that confidential information it receives or such reports, information, opinions or conclusions that Contractor creates under this Agreement shall not be made available to, or discussed with, any individual or organization, including the news media, without prior written approval of the City. The Contractor shall exercise reasonable precautions to prevent the unauthorized disclosure and use of City information whether specifically deemed confidential or not. P. Licenses, Certifications and Permits The Contractor covenants and declares that it has obtained all diplomas, certificates, licenses, permits or the like required of the Contractor by any and all national, state, regional, county, local boards, agencies, commissions, committees or other regulatory bodies in order to perform the services contracted for under this Agreement. All work performed by Contractor under this Agreement shall be in accordance with applicable legal requirements and shall meet the standard of quality ordinarily expected of competent professionals. 15 Q. Key Personnel (Reserved) R. Authority to Contract The Contractor covenants and declares that it has obtained all necessary approvals of its board of directors, stockholders, general partners, limited partners or similar authorities to simultaneously execute and bind Contractor to the terms of this Agreement, if applicable. S. Ownership of Work All reports, designs, drawings, plans, specifications, schedules, work product and other materials prepared or in the process of being prepared for the services to be performed by the Contractor (“materials”) shall be the property of the City and the City shall be entitled to full access and copies of all such materials. Any such materials remaining in the hands of the Contractor or subcontractor upon completion or termination of the work shall be delivered immediately to the City. The Contractor assumes all risk of loss, damage or destruction of or to such materials. If any materials are lost, damaged or destroyed before final delivery to the City, the Contractor shall replace them at its own expense. Any and all copyrightable subject matter in all materials is hereby assigned to the City and the Contractor agrees to execute any additional documents that may be necessary to evidence such assignment. T. Meetings The Contractor is required to meet with the City’s personnel, or designated representatives, to resolve technical or contractual problems that may occur during the term of the contract, at no additional cost to the City. Meetings will occur as problems arise and will be coordinated by the City. The Contractor will be given a minimum of three full working days notice of meeting date, time, and location. Face-to-face meetings are desired. However, at the Contractor’s option and expense, a conference call meeting may be substituted. Consistent failure to participate in problem resolution meetings, two consecutive missed or rescheduled meetings, or to make a good faith effort to resolve problems, may result in termination of the contract. Section 8 Covenants of the City A. Right of Entry The City shall provide for right of entry for Contractor and all necessary equipment along the right-of-way, in order for Contractor to complete the Work. 16 B. City’s Representative Jim Seeba shall be authorized to act on the City’s behalf with respect to the Work as the City’s designated representative Section 9 Warranty Except as may be otherwise specified or agreed, the Contractor shall repair all defects in materials, equipment, or workmanship appearing within one year from the date of Final Completion of the Project at no additional cost to the City. An inspection shall be conducted by the City or its representative(s) near the completion of the one-year general warranty period to identify any issues that must be resolved by the Contractor. Section 10 Termination A. The City may terminate this Agreement for convenience at any time upon written notice to Contractor. In the event of a termination for convenience, Contractor shall take immediate steps to terminate work as quickly and effectively as possible and shall terminate all commitments to third-parties unless otherwise instructed by the City. Provided that no damages are due to the City for Contractor’s failure to perform in accordance with this Agreement, the City shall pay Contractor for work performed to date in accordance with Section 5 herein. The City shall have no further liability to Contractor for such termination. B. The City may terminate this Agreement for cause if Contractor breaches any material provision of this Agreement. The City shall give Contractor seven (7) days written notice of its intent to terminate the Agreement and the reasons therefore, and, if Contractor, or its Surety, fails to cure the default within that period, the termination shall take place without further notice. The City shall then make alternative arrangements for completion of the Project and deduct the cost of completion from the unpaid Contract Price. The City will make no payment to the Contractor or its Surety until all costs of completing the Project are paid. If the unpaid balance of the amount due the Contractor, according to this agreement, exceeds the cost of finishing the Project, the Contractor or its Surety will receive the applicable funds due. If the costs of completing the Project exceed the unpaid balance, the Contractor or its Surety will pay the difference to the City. C. If the City terminates this Agreement for cause, and it is later determined that the City did not have grounds to do so, the termination will be treated as a termination for convenience under the terms of this Section (A) above. D. Upon termination, the Contractor shall: (1) promptly discontinue all services affected, unless the notice directs otherwise; and (2) promptly deliver to the City all data, drawings, reports, summaries, and such other information and materials as may have been generated or used by the Contractor in performing this Agreement, whether completed or in process, in the form specified by the City. 17 E. The rights and remedies of the City and the Contractor provided in this Section are in addition to any other rights and remedies provided under this Agreement or at law or in equity. Section 11 Miscellaneous A. Complete Agreement. This Agreement contains all of the understandings and agreements of whatsoever kind and nature existing between the parties hereto with respect to the subject matter contained herein. B. Governing Law. This Agreement shall be governed by and construed under the laws of the State of Georgia. C. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original, but all of which together shall constitute one and the same instrument. D. Invalidity of Provisions. Should any part of this Agreement for any reason be declared by any court of competent jurisdiction to be invalid, such decision shall not affect the validity of any remaining portion, which remaining portion shall continue in full force and effect as if this Agreement had been executed with the invalid portion hereof eliminated, it being the intention of the parties that they would have executed the remaining portion of this Agreement without including any such part, parts or portions which may for any reason be hereafter declared invalid. E. Notice. All notices requests, demands and other communications hereunder shall be in writing and shall be deemed received, and shall be effective when personally delivered or on the third day after the postmark date when mailed by certified mail, postage prepaid, return receipt requested or upon actual delivery when sent via national overnight commercial carrier to the parties at the addresses given below, unless a substitute address shall first be furnished to the other parties by written notice in accordance herewith: NOTICE TO CITY shall be sent to: City of Milton Attn: City Manager 13000 Deerfield Parkway, Suite 107F Milton, Georgia 30004 NOTICE TO CONTRACTOR shall be sent to: Mr. Randall Popham, Blount Construction Company, Inc., 1730 Sands Place, Marietta, Georgia, 30067. 18 F. Sovereign Immunity. Nothing contained in this Agreement shall be construed to be a waiver of the City’s sovereign immunity or any individual’s qualified good faith or official immunities. G. Force Majeure. Neither the City nor Contractor shall be liable for their respective non-negligent or non-willful failure to perform or shall be deemed in default with respect to the failure to perform (or cure a failure to perform) any of their respective duties or obligations under this Agreement or for any delay in such performance due to: (i) any cause beyond their respective reasonable control; (ii) any act of God; (iii) any change in applicable governmental rules or regulations rendering the performance of any portion of this Agreement legally impossible; (iv) earthquake, fire, explosion or flood; (v) strike or labor dispute, excluding strikes or labor disputes by employees and/or agents of Contractor; (vi) delay or failure to act by any governmental or military authority; or (vii) any war, hostility, embargo, sabotage, civil disturbance, riot, insurrection or invasion. In such event, the time for performance shall be extended by an amount of time equal to the period of delay caused by such acts and all other obligations shall remain intact. H. Headings. All headings herein are inserted only for convenience and ease of reference and are not to be considered in the construction or interpretation of any provision of this Agreement. I. Nondiscrimination. In accordance with Title VI of the Civil Rights Act, as amended, 42 U.S.C. § 2000d, section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6102, section 202 of the Americans with Disabilities Act of 1990, 42 U.S.C. § 12132, and all other provisions of Federal law, the Consultant agrees that, during performance of this Agreement, Consultant, for itself, its assignees and successors in interest, will not discriminate against any employee or applicant for employment, any subcontractor, or any supplier because of race, color, creed, national origin, gender, age or disability. In addition, Consultant agrees to comply with all applicable implementing regulations and shall include the provisions of this Section 11(I) and in Exhibit I attached hereto and incorporated herein by reference in every subcontract for services contemplated under this Agreement. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed under seal as of the date first above written. [SIGNATURES ON FOLLOWING PAGE] 19 Blount Construction Company, Inc. ___________________________________ Signature _______________________________________________ Print Name _______________________________________________ Title [AFFIX CORPORATE SEAL] SIGNED, SEALED, AND DELIVERED 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: __________________ EXHIBIT “A” REQUEST FOR BID EXHIBIT “B” BID FROM CONTRACTOR EXHIBIT “C” BONDS PAYMENT BOND CITY OF MILTON, GEORGIA KNOW ALL MEN BY THESE PRESENTS THAT Blount Construction Company, Inc. (as CONTRACTOR, hereinafter referred to as the “Principal”), and ______________________ _________________________________________(as SURETY COMPANY, hereinafter referred to as the “CONTRACTOR’S SURETY”), are held and firmly bound unto the City of Milton, Georgia (as OWNER, hereinafter referred to as the “City”), for the use and benefit of any “Claimant,” as hereinafter defined, in the sum of nine thousand four hundred thirty ($9,430.00) dollars lawful money of the United States of America, for the payment of which the Principal and the Contractor’s Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has entered, or is about to enter, into a certain written agreement with the City, dated , which is incorporated herein by reference in its entirety (hereinafter referred to as the “CONTRACT”), for the construction of a project known as 13590 Weycroft Circle Stormwater System Improvements (hereinafter referred to as “the PROJECT”). NOW THEREFORE, the condition of this obligation is such that if the Principal shall promptly make payment to any Claimant, as hereinafter defined, for all labor, services and materials used or reasonably required for use in the performance of the Contract, then this obligation shall be void; otherwise to remain in full force and effect. A “Claimant” shall be defined herein as any Subcontractor, person, Party, partnership, corporation or other entity furnishing labor, services or materials used or reasonably required for use in the performance of the Contract, without regard to whether such labor, services or materials were sold, leased or rented, and without regard to whether such Claimant is or is not in privity of the Contract with the Principal or any Subcontractor performing Work on the Project. In the event of any claim made by the Claimant against the City, or the filing of a Lien against the property of the City affected by the Contract, the Contractor’s Surety shall either settle or resolve the Claim and shall remove any such Lien by bond or otherwise as provided in the Contract. The Parties further expressly agree that any action on this Bond may be brought within the time allowed by Georgia law for suit on contracts under seal. IN WITNESS WHEREOF, the Principal and Contractor’s Surety have hereunto affixed their corporate seals and caused this obligation to be signed by their duly authorized officers on this day of , 2015. Blount Construction Company, INC. By: Title: (SEAL) (Signatures Continued on Next Page) Attest: ______________________ Title:_________________ Date:__________________ (Name of Contractor’s Surety) By: Title: (SEAL) Attest: _____________________ Date:_________________ (ATTACH SURETY’S POWER OF ATTORNEY) PERFORMANCE BOND CITY OF MILTON, GEORGIA KNOW ALL MEN BY THESE PRESENTS THAT Blount Construction Company, Inc. (as CONTRACTOR, hereinafter referred to as the “Principal”), and (as SURETY COMPANY, hereinafter referred to as the “CONTRACTOR’S SURETY”), are held and firmly bound unto the City of Milton, Georgia (as OWNER, hereinafter referred to as the “City”), for the use and benefit of any “Claimant,” as hereinafter defined, in the sum of nine thousand four hundred thirty ($9,430.00) dollars , lawful money of the United States of America, for the payment of which the Principal and the Contractor’s Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has entered, or is about to enter, into a certain written agreement with the City, dated the of , 2015 which is incorporated herein by reference in its entirety (hereinafter referred to as the “CONTRACT”), for the construction of a project known as 13590 Weycroft Circle Stormwater System Improvements (“the PROJECT”). NOW THEREFORE, the conditions of this obligation are as follows: 1. That if the Principal shall fully and completely perform each and all of the terms, provisions and requirements of the Contract, including and during the period of any warranties or guarantees required thereunder, and all modifications, amendments, changes, deletions, additions, and alterations thereto that may hereafter be made, and if the Principal and the Contractor’s Surety shall 33 indemnify and hold harmless the City from any and all losses, liability and damages, claims, judgments, liens, costs and fees of every description, including but not limited to, any damages for delay, which the City may incur, sustain or suffer by reason of the failure or default on the part of the Principal in the performance of any and all of the terms, provisions and requirements of the Contract, including all modifications, amendments, changes, deletions, additions, and alterations thereto and any warranties or guarantees required thereunder, then this obligation shall be void; otherwise to remain in full force and effect; 2. In the event of a failure of performance of the Contract by the Principal, which shall include, but not be limited to, any breach of default of the Contract: a. The Contractor’s Surety shall commence performance of its obligations and undertakings under this Bond no later than thirty (30) days after written notice from the City to the Contractor’s Surety; and b. The means, method or procedure by which the Contractor’s Surety undertakes to perform its obligations under this Bond shall be subject to the advance written approval of the City. The Contractor’s Surety hereby waives notice of any and all modifications, omissions, additions, changes and advance payments or deferred payments in or about the Contract, and agrees that the obligations undertaken by this Bond shall not be impaired in any manner by reason of any such modifications, omissions, additions, changes, and advance payments or deferred payments. The Parties further expressly agree that any action on this Bond may be brought within the time allowed by Georgia law for suit on contracts under seal. IN WITNESS WHEREOF, the principal and Contractor’s Surety have hereunto affixed 34 their corporate seals and caused this obligation to be signed by their duly authorized officers or attorneys-in-fact, this day of , 2015. Blount Construction Company, Inc. By: ___________ Title: (SEAL) Attest: _____________________ Title:________________ Date:_________________ (Name of Contractor’s Surety) By:____ _____ Title: (SEAL) Attest: _____________________ Date:_________________ (ATTACH SURETY’S POWER OF ATTORNEY) 35 MAINTENANCE BOND CITY OF MILTON, GEORGIA KNOW ALL MEN BY THESE PRESENTS THAT Blount Construction Company, Inc. (as CONTRACTOR, hereinafter referred to as the “Principal” located at 1730 Sands Place, Marietta, Georgia 30067, and _________________________ (as SURETY COMPANY, hereinafter referred to as the “Contractor’s Surety”), are held and firmly bound unto the City of Milton, Georgia (as OWNER, hereinafter referred to as the “City”), for the use and benefit of the City for maintenance of Improvements as described below in the sum of nine thousand four hundred thirty ($9,430.00) dollars, lawful money of the United States of America, for the payment of which the Principal and the Contractor’s Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has entered, or is about to enter, into a certain written Agreement with the City, dated ____________________, which is incorporated herein by reference in its entirety (hereinafter referred to as the “Agreement”), for the construction of certain Improvements as contemplated by that Project for 13590 Weycroft Circle Stormwater System Improvements (hereinafter referred to as the “Project”); and WHEREAS, said Project is to be approved by the City of Milton, under the terms that a maintenance bond is required of said Principal and good and sufficient surety payable to the City, and conditioned that the Principal shall, for a period of two (2) years beginning on ______________, maintain all improvements (“Improvements”) involved in said Project in accordance with all applicable federal and state laws, with the Agreement, and with all applicable City regulations, including but not limited to the Code of Ordinances for the City of Milton, Georgia, in force as of the date of said approval. 36 NOW THEREFORE, the conditions of this obligation are as follows: 1. That if the Principal shall maintain the Improvements as described above; and if the Principal and the Contractor’s Surety shall indemnify and hold harmless the City from any and all losses, liability and damages, claims, judgments, liens, costs and fees of every description, including but not limited to, any damages for costs of maintenance of Improvements, which the City may incur, sustain or suffer by reason of the failure or default on the part of the Principal in the performance of any and all of the terms, provisions and requirements described herein, then this obligation shall be void; otherwise to remain in full force and effect; 2. In the event of a failure of performance by the Principal; a. The Contractor’s Surety shall commence performance of its obligations and undertakings under this Bond no later than thirty (30) days after written notice from the City to the Contractor’s Surety; b. The means, method or procedure by which the Contractor’s Surety undertakes to perform its obligations under this Bond shall be subject to the advance written approval of the City. The Parties further expressly agree that any action on this Bond may be brought within the time allowed by Georgia law for suit on contracts under seal. IN WITNESS WHEREOF, the Principal and Contractor’s Surety have hereunto affixed their corporate seals and caused this obligation to be signed by their duly authorized officers on this ____ day of __________, 20___. [SIGNATURES ON THE FOLLOWING PAGE] 37 Blount Construction Company, Inc. By: ______________________________ Name, Title:________________________ (SEAL) Attest: By:______________________________ Name, Title:_______________________ Date: ____________________ (Name of Contractor’s Surety) By: ______________________________ Name, Title:________________________ (SEAL) Attest: By:______________________________ Name, Title:_______________________ Date: ____________________ (ATTACH SURETY’S POWER OF ATTORNEY) 38 EXHIBIT “D” NONCOLLUSION AFFIDAVIT OF PRIME PROPOSER STATE OF GEORGIA CITY OF MILTON ________________________________________, being first duly sworn, deposes and says that: (1) He is ___________________________(Owner, Partner, Officer, Representative, or Agent) of Blount Construction Company, Inc. (the “Proposer”) that has submitted the attached Proposal; (2) He is fully informed respecting their preparation and contents of the attached Proposal and of all pertinent circumstances respecting such Proposal; (3) Such Proposal is genuine and is not a collusive of sham Proposal; (4) Neither the said Proposer nor any of its officers, partners, owners, agents, representatives, employees, or parties in interest, including this affidavit, has in any way colluded, conspired, connived, or agreed, directly or indirectly, with any other Proposer, firm or person to submit a collusive or sham Proposal in connection with the Contract for which the attached Proposal has been submitted to or refrain from proposing in connection with such Contract, or has in any collusion or communication or conference with any other Proposer, firm or person to fix the price or prices in the attached Proposal or of any other Proposer, or to secure through any collusion, conspiracy, connivance or unlawful agreement any advantage against the City or any person interested in the proposed Contract; and, (5) The price or prices quoted in the attached Proposal are fair an proper and are not tainted by any collusion, conspiracy, connivance, or unlawful agreement on the part of the Proposer or any of its agents, representatives, owners, employees, or parties in interest, including this affidavit. (6) Proposer has not directly or indirectly violated O.C.G.A. § 36-91-21(d). ____________________________ Signature of Authorized Officer or Agent ____________________________ Printed Name and Title of Authorized Officer or Agent SUBSCRIBED AND SWORN TO BEFORE ME THIS ________ DAY OF _____________, 20___ ___________________________ Notary Public ________________________ (SEAL) My Commission Expires _______________ Date 39 EXHIBIT “E” CONTRACTOR AFFIDAVIT AND AGREEMENT STATE OF GEORGIA CITY OF MILTON By executing this affidavit, the undersigned contractor verifies its compliance with O.C.G.A. § 13 -10-91, stating affirmatively that the individual, firm, or 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 identificat ion number and date of authorization are as follows: _________________________________ eVerify Number _________________________________ Date of Authorization Blount Construction Company, Inc. Name of Contractor 13590 Weycroft Circle Stormwater S ystem Improvements 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 “F” 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 o f 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 ______________,201__. _________________________________ NOTARY PUBLIC [NOTARY SEAL] My Commission Expires:______________________ EXHIBIT “G” PLANS AND SPECIFICATIONS See Exhibit “A” EXHIBIT “H” FINAL AFFIDAVIT TO CITY OF MILTON, GEORGIA I, _______________________________, hereby certify that all suppliers of materials, equipment and service, subcontractors, mechanics, and laborers employed by Click here to enter text. or any of its subcontractors in connection with the construction of the Click here to enter text. for the City have been paid and satisfied in full as of ______________, 20_____, and that there are no outstanding obligations or claims of any kind for the payment of which the City on the above named project might be liable, or subject to, in any lawful proceeding at law or in equity. ______________________________ Signature ______________________________ Title Personally appeared before me this ____ day of ________, 20____._______________________, who under oath deposes and says that he is ______________________________ of the firm of _____________________that he has read the above statement and that to the best of his knowledge and belief same is an exact true statement. ______________________________ Notary Public [NOTARY SEAL] My Commission Expires ______________________________ EXHIBIT “I” During the performance of this contract, the contractor, for itself, its assignees, and successors in interest (hereinafter referred to as the “Contractor”), agree as follows: 1. Compliance with Regulations The Contractor shall comply with the Regulations relative to nondiscrimination in federally-assisted programs of the Department of Transportation (hereinafter referred to as DOT), Title 49, Code of Federal Regulations, part 21, as they may be amended from time to time, (hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this contract. 2. Nondiscrimination The Contractor, with regard to the work performed by it during the contract, shall not discriminate on the grounds of race, color, sex, or national origin in the selection and retention of subcontractors, including procurement of materials and leases of equipment. The Contractor shall not participate either directly or indirectly in discrimination prohibited by Section 21.5 of the Regulations, including employment practices when the contract covers a program set forth in Appendix B of the Regulations. 3. Solicitations for Subcontracts, Including Procurement of Materials and Equipment In all solicitations either by competitive bidding or negotiations made by the Contractor for work to be performed under a subcontract, including procurement of materials or leases of equipment, each potential subcontractor or supplier shall be notified by the Contractor of the Contractor’s obligations under this contract and the Regulations relative to nondiscrimination on the ground of race, color, sex, or national origin. 4. Information and Reports The Contractor shall provide all information and reports required by the Regulations or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information and its facilities as may be determined by the (Recipient) or the Federal Highway Administration to be pertinent to ascertain compliance with such Regulations, orders, and instructions. Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish this information, the Contractor shall so certify to the (Recipient), or the Federal Highway Administration as appropriate, and shall set forth what efforts it has made to obtain the information. 5. Sanctions for Noncompliance In the event of the Contractor’s noncompliance with the nondiscrimination provisions of this contract, the (Recipient) shall impose such contract sanctions as it or the Federal Highway Administration may determine to be appropriate, including, but not limited to: a. Withholding of payments to the Contractor under the contract until the Contractor complies; and/or b. Cancellation, termination, or suspension of the contract, in whole or in part. 6. Incorporation of Provisions The Contractor shall include the provisions of paragraphs (1) through (6) in every subcontract, including procurement of materials and leases of equipment, unless exempt by the Regulations, or directives issued pursuant thereto. The Contractor shall take such action with respect to any subcontractor or procurement as the (Recipient) or the Federal Highway Administration may direct as a means of enforcing such provisions including sanctions for noncompliance: Provided, however, that in the event a Contractor becomes involved in, or is threatened with, litigation with a subcontractor or supplier as a result of such direction, the Contractor may request the (Recipient) enter into such litigation to protect the interests of the state and, in addition, the Contractor may request the United States to enter into such litigation to protect the interests of the United States. 10 HOME OF ' ' % FSTA 1tLItiHFD 2000 CITY COUNCIL AGENDA ITEM TO: City Council DATE: June 24, 2015 FROM: City Manager AGENDA ITEM: Proclamation Recognizing Hopewell Youth Association. MEETING DATE: Monday, July 6, 2015 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: Y� APPROVED () NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED. (} YES RJ NO CITY ATTORNEY REVIEW REQUIRED: O YES VNO APPROVAL BY CITY ATTORNEY () APPROVED () NOT APPROVED PLACED ON AGENDA FOR: REMARKS O'7061T ® 10 You(m * * * PHONE: 678.242.25001 FAX: 678.242.2499 Green' w Certified f°P 100 infoC�cityofmiltonga.us www.cityafmilfonga.us Community ; Ethiu f - .1044 s 13000 Deerfield Parkway. Suite 107 1 Muton GA 30004 ' " Recognizing Hopewell Youth Association WHEREAS, the City of Milton, Georgia is an incorporated City in Fulton County, Georgia, and is a City charged with delivering municipal services; and WHEREAS, the Mayor and City Council fully support an active and healthy life style as promoted through the Parks and Recreation Department; and WHEREAS, Baseball is a sport that was invented in Cooperstown, New York in the 19th century; and WHEREAS, Hopewell Youth Association is the first Parks and Recreation partner of the City, providing a variety of recreation, All Star and travel baseball programs for children and teenagers in Milton and the surrounding community from ages 4 to 15; and WHEREAS, Hopewell Youth Association, in partnership with the Parks and Recreation Department, has served unincorporated Fulton County, and now the City of Milton since 1986; and WHEREAS, Hopewell Youth Association has demonstrated their support of the City with a generous and substantial contribution towards the cost of the reconstruction of Bell Memorial Park. NOW, THEREFORE, We, the Mayor and City Council of the City of Milton, hereby recognize The Hopewell Youth Association and offer our heartfelt gratitude for this amazing contribution to the City and to its citizens. Given under my hand and the Seal of the City of Milton, Georgia on this 6th day of July 2015. ______________________________ Joe Lockwood, Mayor a HOME OF ' ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: June 24, 2015 FROM: City Manager AGENDA ITEM: Proclamation Recognizing Eagle Stix Rec Inc. MEETING DATE: Monday, July 6, 2015 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: V APPROVED () NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED.- O YES P NO CITY ATTORNEY REVIEW REQUIRED: () YES �NO APPROVAL BY CITY ATTORNEY () APPROVED () NOT APPROVED PLACED ON AGENDA FOR: REMARKS b'lObiS fp-� 91 Yauiin _ PHONE: 678.242.2500 I FAX: b78.242.2499'�`• mmuni#y* Certified * iia fou �.�t� Co infoC�ci#yofmiltonga.us I www.cityofmil#onga.�s 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 Recognizing Eagle Stix Rec Inc. WHEREAS, the City of Milton, Georgia is an incorporated City in Fulton County, Georgia, and is a City charged with delivering municipal services; and WHEREAS, the Mayor and City Council fully support an active and healthy life style as promoted through the Parks and Recreation Department; and WHEREAS, Lacrosse is a sport that was played by American Indians at the time of their first contact with European settlers in the 17th century; and WHEREAS, EagleStix is a partner of the City, providing a premier lacrosse program for young women in Milton and the surrounding community from ages 4 to 18; and WHEREAS, EagleStix, in partnership with the Parks and Recreation Department, continues to expand both their physical presence at Northwestern Middle School and the number of young women served; and WHEREAS, EagleStix has demonstrated their support of the City with a generous and substantial contribution towards current expansion of playing fields at Northwestern Middle School. NOW, THEREFORE, We, the Mayor and City Council of the City of Milton, hereby recognize EagleStix and offer our heartfelt gratitude for this amazing contribution to the City and to its citizens. Given under my hand and the Seal of the City of Milton, Georgia on this 6th day of July 2015. ______________________________ Joe Lockwood, Mayor HOME OF ' FSTAWSHFD 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: June 24, 2015 FROM: City Manager AGENDA ITEM: Consideration of RZ15-13 — 3225 Francis Road by Sexto Omar Martinez Rivera to Rezone from AG -1 (Agricultural) to R-3 (Residential) to Develop 2 Single Family Residences. MEETING DATE: Monday, July 6, 2015 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: { APPROVED {) NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED. {) YES x NO CITY ATTORNEY REVIEW REQUIRED. () YES �NO APPROVAL BY CITY ATTORNEY ()APPROVED {) NOT APPROVED PLACED ON AGENDA FOR: 6 7d (l s - REMARKS ® yau( *** PHONE: 678-242.25001 FAX: 678.242.2499 ba ��Green ,� ; l=crt�eni info@cifYofmilionga.us www WILDLIFE C�iiiii�unEty i `i y°f 13000 Deerfield Parkway, SLMe 107 1 Milton GA 30004 1411;" M Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on July 20, 2015 (First Presentation July 6, 2015) 7/2/2015 Page 1 of 17 RZ15-13 PETITION NO. RZ15-13 PROPERTY INFORMATION ADDRESS 3225 Francis Road DISTRICT, LAND LOT 2/2 611 OVERLAY DISTRICT Hwy 9 Overlay District EXISTING ZONING AG-1 (Agricultural) PROPOSED ZONING R-3 (Residential) ACRES 1.45 EXISTING USE One existing single family residence PROPOSED USE 2 Single Family Residential Units PETITIONER Sixto Omar Martinez Rivera ADDRESS 6465 Hwy 9 North Alpharetta, GA 30004 REPRESENTATIVE Scott Reece Brumbelow - Reese & Associates, Inc. 13685 Highway 9, Milton GA 30004 PHONE 770-475-6817 COMMUNITY DEVELOPMENT RECOMMENDATION – JUNE 24, 2015 RZ15-13 – APPROVAL CONDITIONAL INTENT To rezone from AG-1 (Agricultural) to R-3 (Residential) to develop 2 single family residences on 1.45 acres. Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on July 20, 2015 (First Presentation July 6, 2015) 7/2/2015 Page 2 of 17 RZ15-13 PLANNING COMMISSION RECOMMENDATION – JUNE 24, 2015 RZ15-13 APPROVAL CONDITIONAL – 6-0 The Planning Commission recommended Staff’s proposed conditions except for Condition 4.a.1.ii in which they recommended two (2) driveways on Francis Road in lieu of the recommended one driveway to be shared between the two lots. This is based on the appl icant’s response that requiring one driveway to serve both lots would decrease the future value of the properties. Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on July 20, 2015 (First Presentation July 6, 2015) 7/2/2015 Page 3 of 17 RZ15-13 LOCATION MAP Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on July 20, 2015 (First Presentation July 6, 2015) 7/2/2015 Page 4 of 17 RZ15-13 CURRENT ZONING MAP Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on July 20, 2015 (First Presentation July 6, 2015) 7/2/2015 Page 5 of 17 RZ15-13 CITY OF MILTON 2030 COMPREHENSIVE FUTURE LAND USE MAP Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on July 20, 2015 (First Presentation July 6, 2015) 7/2/2015 Page 6 of 17 RZ15-13 SITE PLAN SUBMITTED APRIL 30, 2015 Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on July 20, 2015 (First Presentation July 6, 2015) 7/2/2015 Page 7 of 17 RZ15-13 View from Francis Road of subject site View of rear of property looking toward Francis Road Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on July 20, 2015 (First Presentation July 6, 2015) 7/2/2015 Page 8 of 17 RZ15-13 View of rear of property Typical Crooked Creek house located on Heron Run Court (to the east of site) Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on July 20, 2015 (First Presentation July 6, 2015) 7/2/2015 Page 9 of 17 RZ15-13 SUBJECT SITE AND BACKGROUND: The subject site contains 1.45 acres and is developed with one single family residence on the south side of Francis Road with Crooked Creek subdivision surrounding the parcel on three sides. The site is located within the Medium Density Residential (MDR) designation of the City of Milton 2030 Comprehensive Plan Map. Staff also notes that this property is within the Hwy 9 Overlay District which does not require the Rural View Shed. The applicant is requesting a rezoning to R-3 (Residential) to develop two single family residences on .7 acre lots at an overall density of 1.38 units per acre. The existing home will be torn down to allow the construction of two new homes. SITE PLAN ANALYSIS Based on the applicant’s site plan submitted to the Community Development Department on April 30, 2015, Staff offers the following considerations: DEVELOPMENT STANDARDS – SEC. 64-508 R-3 (Single Family Dwelling District) Development Standards Proposed Development No building shall exceed 40 feet in height None indicated Minimum front yard – 50 feet 50 feet Minimum side yard as follows: Adjacent to interior line: 10 feet 10 feet Minimum rear yard –35 feet 35 feet Minimum lot area – 18,000 sq.ft. 32,000 sq. ft. Minimum lot width shall be 100 ft. 100 feet Minimum lot frontage shall be 35 feet adjoining a street 35 feet Minimum heated floor area shall be as follows: For less than two-story dwelling: 1,200 sq. ft. For two-story dwelling: 1,320 sq.ft. Per the letter of intent – 2,400 sq.ft. Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on July 20, 2015 (First Presentation July 6, 2015) 7/2/2015 Page 10 of 17 RZ15-13 ENVIRONMENTAL SITE ANALYSIS The Environmental Site Analysis (ESA) report is sufficient and sati sfies the requirement of Sec. 64-2126. The applicant has stated the following: “There is no jurisdictional Flood Plain per official FEMA maps. There are no wetlands, steams, or stream buffers contained on this site. There are no slopes exceeding 25% located on this property and our field inspection revealed no signs of erosion or destabilization. Our field inspection discovered no vegetation or historical sites located on this property. A tree survey was performed on this property and the specimen trees located on this property are shown on the site plan.” ARBORIST COMMENTS The proposed rezoning will be subject to the tree preservation ordinance including recompense and tree density requirements. CITY OF MILTON FIRE MARSHAL The Fire Marshal has no issues with the proposed site plan. Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on July 20, 2015 (First Presentation July 6, 2015) 7/2/2015 Page 11 of 17 RZ15-13 FULTON COUNTY BOARD OF EDUCATION Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on July 20, 2015 (First Presentation July 6, 2015) 7/2/2015 Page 12 of 17 RZ15-13 FINANCIAL MODELING RESULTS Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on July 20, 2015 (First Presentation July 6, 2015) 7/2/2015 Page 13 of 17 RZ15-13 PUBLIC INVOLVEMENT On May 26, 2015 the applicant was present at the Community Zoning Information Meeting (CZIM) held at the Milton City Hall. There were four citizens in attendance for the subject site. They all were residents of Crooked Creek and voiced concern about the location, size, overall look of the homes, who would be living in the homes and if they would be operating businesses in the homes. Also, they asked Staff if a buffer would be required between Crooked Creek and the proposed lots. In response, Staff stated that no buffers are required between residential zoning districts. PUBLIC PARTICIPATION REPORT Staff received the report on June 12, 2015. The applicant’s Public Participation Meeting was held on June 9, 2015 between 5:00 pm and 8:00 pm at the Brumbelow-Reese offices located on Hwy 9. There was no one in attendance at the meeting. CITY OF MILTON DESIGN REVIEW BOARD COURTESY REVIEW – June 2, 2015  Provide barrier plantings between Crooked Creek and new structures on subject site.  Design homes to be consistent with architecture of Crooked Creek homes.  Require City Architect to review building plans. Standards of Review (Section 64-2104) Planning Staff shall, with respect to each zoning application, investigate and make a recommendation with respect to factors 1 through 7, below, as well as any other factors it may find relevant. 1. Whether or not the proposal will permit a use that is suitable in view of the use and development of adjacent and nearby Property? The proposed 2 lots developed at a density of 1.38 units per acre is consistent with the adjacent Crooked Creek subdivision to the east, south and west developed at 2 units per acre. The minimum lot size is 12,000 square feet; front setback is 35 feet; side setback is 7.5 feet; rear setback is 35 feet and minimum heated floor area is 2,000 square feet pursuant to RZ93-08. To the north, it is zoned AG-1 with scattered single family lots and Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on July 20, 2015 (First Presentation July 6, 2015) 7/2/2015 Page 14 of 17 RZ15-13 a Use Permit for Canine Assistants. It is Staff’s opinion that the proposed use and density is suitable with adjacent properties within the City. 2. Whether or not the proposal will adversely affect the existing use or usability of adjacent or nearby property? It is Staff’s opinion that the proposal may not adversely affect existing use or usability of the adjacent properties if approved with the Recommended Conditions. 3. Whether the property to be affected by the proposal has a reasonable economic use as currently zoned? The subject site may have a reasonable use currently zoned AG-1 (Agricultural). 4. Whether the proposal will result in a use which will or could cause an excessive or burdensome use of existing streets, transportation facilities, utilities or schools? Staff does not anticipate a significant impact on public services or utilities. Comments from the Fulton County Board of Education are included in the report as it relates to the estimated number of new students for the proposed rezoning which will have an impact on the elementary and middle schools. It is Staff’s opinion that the proposal will not cause a burden on transportation facilities if approved with the Recommended Conditions. 5. Whether the proposal is in conformity with the policies and intent of the land use plan? City of Milton 2030 Comprehensive Land Use Plan Map – Medium Density Residential (1 to 3 units per acre) Proposed use/density: Single Family Residential at 1.38 units per acre/CONSISTENT The proposed rezoning is consistent with the following land use plan policies: Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on July 20, 2015 (First Presentation July 6, 2015) 7/2/2015 Page 15 of 17 RZ15-13  We will accommodate our diverse population by encouraging a compatible mixture of housing types, densities and costs within the City.  We will encourage development of housing opportunities that enable residents to have easier access to commercial services and employment opportunities.  We will encourage development that is sensitive to the overall setting of the community and will contribute to our community’s character and sense of place. 6. Whether there are other existing or changed conditions affecting the use and development of the property which gives supporting grounds for either approval or disapproval of the proposal? The proposed development is consistent with the adjacent development for lot size and density and consistent with the 2030 Future Land Use Plan’s suggestion of Medium Density Residential (1 to 3 units per acre). 7. Whether the zoning proposal will permit a use which can be considered environmentally adverse to the natural resources, environment and citizens of the City of Milton? The proposed use will not be environmentally adverse to the natural resources, environment and citizens of the City due to the required development regulations for the subject site. CONCLUSION The proposed 2 lots are consistent with the City of Milton’s 2030 Comprehensive Land Use Plan and adjacent and nearby properties. Therefore, Staff recommends APPROVAL CONDITIONAL OF RZ15-13. Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on July 20, 2015 (First Presentation July 6, 2015) 7/2/2015 Page 16 of 17 RZ15-13 RECOMMENDED CONDITIONS If this petition is approved by the Mayor and City Council, the rezoning of property located at 3225 Francis Road with approximately 211 feet of frontage on the south side, it should be approved for R-3 (Single Family Residential) CONDITIONAL subject to the owner’s agreement to the following enumerated conditions. Where these conditions conflict with the stipulations and offerings contained in the Letter of Intent, these conditions shall supersede unless specifically stipulated by the Mayor and City Council. 1) To the owner’s agreement to restrict the use of the subject property as follows: a) Single family detached dwellings and accessory uses and structures. b) No more than 2 total dwelling units at a maximum density of 1.38 units per acre, whichever is less, based on the total acreage zoned. Approved lot/unit totals are not guaranteed. The developer is responsible through site engineering (at the time of application for a Land Disturbance Permit) to demonstrate that all lots/units within the approved development meet or exceed all the development standards of the City of Milton. The total lot/unit yield of the subject site shall be determined by this final engineering. 2) To the owner’s agreement to abide by the following: a) To the site plan received by the Community Development Department on April 30, 2015. Said site plan is conceptual only and must meet or exceed the requirements of the Zoning Ordinance, all other applicable city ordinances and these conditions prior to the approval of a Land Disturbance Permit. Unless otherwise noted herein, compliance with all conditions shall be in place prior to the issuance of the first Certificate of Occupancy. b) All areas which are not part of an individual lot and held in common shall be maintained by a mandatory homeowners association, whose proposed documents of incorporation shall be submitted to the Director of Community Development for review and approval prior to the recording of the first final plat. Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on July 20, 2015 (First Presentation July 6, 2015) 7/2/2015 Page 17 of 17 RZ15-13 3) To the owner’s agreement to the following site development considerations: a) Minimum 32,000 square foot lots. b) Minimum heated floor area per unit – 2,400 square feet 4) To the owner’s agreement to abide by the following requirements, dedication, and improvements: a) Dedicate at no cost to the City of Milton prior to the approval of a right of way encroachment permit, sufficient land as necessary to provide the following: 1. Access to the site shall be subject to the approval of the City of Milton Public Works Department i. Access to the site shall meet City of Milton Code of Ordinances and AASHTO guidelines and subject to the approval of the City of Milton Public Works Department ii. Access shall be limited to one driveway within the Francis Road right of way 2. Provide bicycle and pedestrian improvements along entire property frontage of Francis Road according to Chapter 48 Streets, Sidewalks and Other Public Places and Chapter 50 Subdivisions of the City of Milton Code of Ordinances and as approved by the City of Milton Public Works Department. i. All proposed infrastructure improvements (i.e. sidewalk, curb and gutter, ditch drainage, etc…) shall tie to the existing facilities on adjacent properties as required by the City of Milton Public Works Department. 3. Back of the sidewalk shall be no more than one foot inside the proposed right of way STATE OF GEORGIA ORDINANCE NO. COUNTY OF FULTON PETITION NO. RZ15-13 AN ORDINANCE TO REZONE FROM AG-1 (AGRICULTURAL) TO R3 (SINGLE FAMILY RESIDENTIAL) FOR 2 SINGLE FAMILY RESIDENCE LOTS PROPERTY LOCATED AT 3225 FRANCIS ROAD CONTAINING 1.45 ACRES BE IT ORDAINED by the City Council for the City of Milton, Georgia while in regular session on July 20, 2015 at 6:00 p.m. as follows: SECTION 1. That the Zoning Ordinance of the City of Milton be amended, and the official maps established in connection therewith be changed so that the following property located Kings Close consisting of a total of approximately 1.45 acres as described in the attached legal description, be rezoned to the R-3 (Single Family Residential) District with conditions, attached hereto and made a part herein; ALL THAT TRACT or parcel of land lying and being Land Lot 611 of the 2nd District 2nd Section, City of Milton, Fulton County, Georgia; and SECTION 2. That the R-3 (Single Family Residential) zoning listed in the attached conditions of approval, be approved under the provisions Chapter 64, Article VI, Division 6 of the Zoning Ordinance of the City of Milton; and SECTION 3. That the property shall be developed in compliance with the conditions of approval as attached to this ordinance. Any conditions hereby approved (including any site plan) do not authorize the violation of any district regulations; and SECTION 4. That the official maps referred to, on file in the Office of the City Clerk, be changed to conform with the terms of this ordinance; and SECTION 5. That all ordinances or part of ordinances in conflict with the terms of this ordinance are hereby repealed; and SECTION 6. This Ordinance shall become effective upon adoption by the Mayor and City Council and the signature of approval of the Mayor. ORDAINED this 20th day of July, 2015. Approved: _________________________________ Joe Lockwood, Mayor Attest: ________________________________ Sudie Gordon, City Clerk (Seal) RECOMMENDED CONDITIONS If this petition is approved by the Mayor and City Council, the rezoning of property located at 3225 Francis Road with approximately 211 feet of frontage on the south side, it should be approved for R-3 (Single Family Residential) CONDITIONAL subject to the owner’s agreement to the following enumerated conditions. Where these conditions conflict with the stipulations and offerings contained in the Letter of Intent, these conditions shall supersede unless specifically stipulated by the Mayor and City Council. 1) To the owner’s agreement to restrict the use of the subject property as follows: a) Single family detached dwellings and accessory uses and structures. b) No more than 2 total dwelling units at a maximum density of 1.38 units per acre, whichever is less, based on the total acreage zoned. Approved lot/unit totals are not guaranteed. The developer is responsible through site engineering (at the time of application for a Land Disturbance Permit) to demonstrate that all lots/units within the approved development meet or exceed all the development standards of the City of Milton. The total lot/unit yield of the subject site shall be determined by this final engineering. 2) To the owner’s agreement to abide by the following: a) To the site plan received by the Community Development Department on April 30, 2015. Said site plan is conceptual only and must meet or exceed the requirements of the Zoning Ordinance, all other applicable city ordinances and these conditions prior to the approval of a Land Disturbance Permit. Unless otherwise noted herein, compliance with all conditions shall be in place prior to the issuance of the first Certificate of Occupancy. b) All areas which are not part of an individual lot and held in common shall be maintained by a mandatory homeowners association, whose proposed documents of incorporation shall be submitted to the Director of Community Development for review and approval prior to the recording of the first final plat. 3) To the owner’s agreement to the following site development considerations: a) Minimum 32,000 square foot lots. b) Minimum heated floor area per unit – 2,400 square feet 4) To the owner’s agreement to abide by the following requirements, dedication, and improvements: a) Dedicate at no cost to the City of Milton prior to the approval of a right of way encroachment permit, sufficient land as necessary to provide the following: a. Access to the site shall be subject to the approval of the City of Milton Public Works Department i. Access to the site shall meet City of Milton Code of Ordinances and AASHTO guidelines and subject to the approval of the City of Milton Public Works Department ii. Access shall be limited to one driveway within the Francis Road right of way ii. Provide bicycle and pedestrian improvements along entire property frontage of Francis Road according to Chapter 48 Streets, Sidewalks and Other Public Places and Chapter 50 Subdivisions of the City of Milton Code of Ordinances and as approved by the City of Milton Public Works Department. i. All proposed infrastructure improvements (i.e. sidewalk, curb and gutter, ditch drainage, etc…) shall tie to the existing facilities on adjacent properties as required by the City of Milton Public Works Department. iii. Back of the sidewalk shall be no more than one foot inside the proposed right of way SITE PLAN SUBMITTED ON APRIL 30, 2015 HOME OF' , T E S TA BS F1 E D 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: June 24, 2015 FROM: City Manager AGENDA ITEM: Consideration of an Ordinance to Create a Conservation Subdivision Chapter 50, Article V of the City Code of Milton. MEETING DATE: Monday, July 6, 2015 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: �,/` APPROVED CITYA TTORNEY APPROVAL REQUIRED: YES CITY ATTORNEY REVIEW REQUIRED. YES APPROVAL BY CITY ATTORNEY (APPROVED PLACED ON AGENDA FOR: REMARKS (j NOT APPROVED () NO () NO () NO T APPRO VED ® Youln PHONE: 678.242.25001 678.242.2500 1 FAX: 678.242.2499 .cityofmiltonga.us info@cityofm11tonga.us I www � II OLM Community i th;�5f 13000 Deerfield Parkway, Suite 107 1 Miltor GA 30004 c To: The Honorable Mayor and City Council From: Kathleen Field, Community Development Director Date: Submitted June 29, 2015 for the July 20, 2015 Regular Meeting (July 6, 2015 First Presentation, July 13, 2015 for Work Session) Re: Consideration of an Ordinance to Create a Conservation Subdivision – Chapter 50, Article V of the City Code of Milton. Executive Summary: The Community Development Department initiated the creation of a Conservation Subdivision Ordinance (within Chapter 50, Subdivisions, of the City Code) to provide another tool within the “tool box” for development within the City. The Ordinance was recommended by Professor Tom Daniels of the University of Pennsylvania who authored the “City of Milton Conservation Plan” in September of 2014. The creation of a Conservation Subdivision Ordinance was recommended as one of many methods to conserve land within the City. The process began with Randall Arendt, an expert in conservation subdivision ordinances, conducting a Lecture and Design Workshop on October 13, 2014. Additional meetings and work sessions were held as listed below:  Town Hall Meeting – December 11, 2014  Community Zoning Information Meeting – January 27, and March 24, 2015  Planning Commission Work Session – April 22, 2015  Planning Commission sponsored Public Meetings – May 20, May 30, and June 10, 2015  Planning Commission Meeting with Public Hearing – June 24, 2015 These meetings were well attended by the public and other interested parties with between 50 and 75 people at each of the meetings. The proposed Conservation Subdivision Ordinance (CSO) was written by Mr. Don Broussard of Town Planning & Design, LLC based on staff input, community stakeholders, developers, builders, and other government agencies such as the Georgia Department of Natural Resources, Environmental Protection Division. 2 Staff has received a large amount of input from the community regarding the proposed CSO. Mr. Don Broussard presented the ordinance at the June 24, 2015 Planning Commission. There were approximately 13 speakers who voiced their opinions and concerns regarding the CSO. After hearing from the public and deliberating on the proposed ordinance, the Planning Commission stated unanimously that it was not the right time to recommend approval of a CSO. The Planning Commission further asked that Staff explore amending the AG-1 (Agricultural) district to further assist in the conservation of land within the City. Therefore, the Planning Commission recommended denial of the proposed CSO in a 6-0 vote. 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, deny, or withdraw it entirely. Legal Review: Paul Frickey - Jarrard & Davis (June, 2015) Concurrent Review: Community Development Department, Public Works Department, and Milton Grows Green Attachment(s): Text Amendment and Ordinance for Chapter 50, Article V of the City Code of Milton June 17, 2015 Town Planning & Design, LLC 1 ARTICLE V. – CONSERVATION SUBDIVISION 





 
Secs. 50-137—50-155. - Reserved. Sec. 50- 137. Purpose The purpose of this article is to provide additional flexibility in subdivision design to ensure preservation of green space and to promote and protect the rural character of Milton in those areas and districts so designated in the comprehensive plan and the zoning regulations. The purpose and intent of the Conservation Subdivision regulations also includes the following: a. To implement the Comprehensive Plan and the Conservation Plan (dated 2014) of the City of Milton as adopted and to maintain the low-density and rural character of those areas so designated in those policy documents. b. Prevent flooding, erosion, and water pollution, and protect the quality and quantity of drinking water by providing permanent green space as a measure for nonstructural control of stormwater runoff in the watershed of the Little River, a tributary of the Etowah River, and in the watersheds of other streams within the city by preventing over-development. c. To protect those areas of the municipality with prime agricultural soils for their continued or future agricultural use by conserving blocks of land large enough for efficient farm operations. d. To provide green space suitable for raising and keeping horses, for equestrian sports and training, and for riding trails. e. To conserve scenic terrain, natural beauty, and designated viewsheds; to create scenic views by reducing the perception of density and maximizing the number of dwellings with direct access to and views of green space. f. To reduce soil erosion and sedimentation by minimizing land disturbance and minimizing the removal of vegetation in residential development. g. To encourage street designs that promote public safety by reducing traffic speeds and promote construction of roads, walks, bike paths, and riding trails within the conservation subdivision and that connect to neighboring communities, schools, and businesses to reduce reliance on auto travel and major arterial roads. h. To preserve native vegetation, aquatic and terrestrial wildlife habitat by providing interconnected greenways contiguous to green space in adjacent areas and jurisdictions to enable the safe movement and migration of wildlife. i. Conserve sites of historic, cultural, architectural, or archeological value by placing those sites in protected green space. j. Promote a less sprawling form of development within the tract proposed for subdivision that encourages a sense of community by providing parks and community facilities that serve as focal points and public gathering places in the neighborhood. June 17, 2015 Town Planning & Design, LLC 2 Sec. 50- 138. Applicability of Regulations. Conservation subdivision may be applied in any zoning district designated for single-family dwellings and in the two-family dwelling zoning district. Within the AG-1 agricultural zone it shall be the preferred method of subdivision as provided below. Applicants for conservation subdivision shall comply with all other provisions of the zoning code and all other applicable ordinances and regulations except those in conflict with the provisions contained herein. (a) Major Subdivisions in AG-1 Agriculture Districts In all AG-1 zoning districts, conservation subdivision shall be the preferred method of subdivision for any tract of land proposed for subdivision meeting any of the following criteria: (1) Having a total area of 5 acres or greater; or (2) Proposes any new road or road extension, or (3) Proposes any lots less than 5 acres in lot area. The criteria above notwithstanding, any applicant for subdivision may apply for a use permit for a conventional subdivision and a public hearing before the mayor and council under Sec. 64-1546 et seq. The mayor and council may issue such a use permit if it can be shown that a conventional subdivision meets the standards of Sec. 64-1552 and that it will achieve the goals and policies of the comprehensive plan regarding open space and rural character within the AG-1 Agricultural zone. (b) Minimum area In all single family and two-family residential districts, minor subdivisions shall not be eligible for conservation subdivision. Only major subdivisions resulting in the creation of four or more lots and where the tract proposed for subdivision is a minimum of 5 acres in area are permissible to be developed according to the conservation subdivision regulations in this article. (c) Exemption for large tract subdivisions. Proposed subdivisions in which each lot proposed exceeds five acres in lot area and in which no new roads are proposed shall not be subject to conservation design requirements. (d) Ownership of Development Site. The tract of land proposed for development as a conservation subdivision may be held in single ownership or in multiple ownership. When held in multiple ownership, it shall be planned as a single subdivision and its development shall be governed by the certified conceptual plan. (e) Phased Development. Under a certified conceptual plan, each proposed phase of a conservation subdivision must meet the density criteria established herein and may not exceed the density for the zoning district except as otherwise provided in these regulations. June 17, 2015 Town Planning & Design, LLC 3 (f) Site Suitability. The tract incorporating the conservation subdivision shall be suitable for supporting development in terms of environmental conditions, size, and configuration as provided herein and based upon the site analysis map, the yield plan, and the proposed conceptual plan. (g) Sensitive Area Disturbance. The proposed design shall minimize disturbance of environmentally sensitive areas, as shown on the site analysis map. Lands within the 100-year floodplain, lands designated as wetlands, having slopes in excess of 25%, and riparian buffers adjacent to streams constitute such environmentally sensitive areas. Demonstration by the applicant that these features shall be protected by the proposed application shall be prerequisite to consideration and approval of the conservation subdivision conceptual plan and subsequent Final Plat. (h) Effect of Conceptual plan. Approval of the conceptual plat shall bind all land within the plat to the requirements and conditions of the conservation subdivision regulations and all conditions of approval. Should the developer or land owner subsequently sell or otherwise transfer their interest in the property, all heirs and assigns shall be bound to the approved conceptual plan, unless amended by or approved by the planning commission or until the plat approval expires as provided in Sec. 50-91 of the subdivision regulations. Sec. 50- 139. Submittal Requirements for Conservation Subdivisions (a) Application The application for conservation subdivision shall be executed by all property owners, including holders of deeds to secure debt, as recorded in the official records of the Superior Court of Fulton County, or by their authorized agents. Application forms shall be available at the offices of the director. (b) Ownership Documentation The application shall include all contiguous holdings of the owner including land in common ownership as defined in these regulations, with an indication of the portion proposed for subdivision accompanied by an affidavit of ownership which shall include the date the respective holdings of land were acquired, together with the book and page where each conveyance to the present owner is recorded in the office of the Clerk of Superior Court of Fulton County. (c) Context Map A map showing the location of the proposed subdivision within its neighborhood context shall be submitted. For sites under 100 acres, such maps shall be at a scale not less than 1 inch = 200 feet and shall show the relationship of the subject property to natural and man- made features existing within 1,000 feet of the site. For sites of 100 acres or more, the scale shall be 1 inch = 400 feet, and shall show the above relationships within 2,000 feet of the June 17, 2015 Town Planning & Design, LLC 4 site. The features shown on the context map shall include topography from USGS maps (or comparable sources), stream valleys, wetland areas, woodlands over one-half acre in area (obtained from aerial photos), ridge lines, public roads and trails, utility easements and rights-of-way, public land, and any land protected under conservation easements. (d) Site analysis map The purpose of the site analysis map is to a) familiarize City staff and officials with the existing resources and conditions found on and around the site; b) ensure that the important site features have been adequately identified prior to the creation of the subdivision design; and, c) ensure that the proposed green space will meet the requirements of this article. This map shall be submitted prior to the official site visit and shall form the basis for the development design shown on the conceptual plan. The site analysis map shall include the following features: (1) Property boundaries (2) All streams (perennial and intermittent), rivers, lakes, wetlands and other hydrologic features (3) Topographic contours of no greater than 10-foot intervals (4) All Primary and Secondary Conservation Areas labeled by type, as described in this Article (5) Vegetation characteristics (6) Groundwater recharge areas (7) Significant wildlife habitats, if known (8) Historic, archeological, and cultural features (9) Detailed Soil Investigation identifying all soils suitable and unsuitable for wastewater treatment (10) Planned location of protected green space (11) Existing roads and structures (12) Potential connections with existing green space and trails (13) Identification of surrounding property characteristics and land use (e) Yield Plan. The maximum number of lots in the Conservation Subdivision shall be based on a conventional subdivision design plan, prepared by the applicant, in which the tract of land is subdivided in a manner intended to yield the highest number of lots possible to be permitted by the underlying zoning classification subject to other regulations, particularly, those governing on-site sewage treatment systems. The yield plan is a sketch plan that is not required to meet the formal requirements for a subdivision concept plan, but it must be drawn to scale and be capable of being constructed given existing site features and all zoning regulations applicable to a conventional subdivision. The yield plan shall exhibit the following elements: (1) Rights-of-way of existing public streets and highways, of existing private streets, and rights-of-way of utility lines whether public or private. (2) 100-year floodplains (3) Wetlands that meet the definition of the Army Corps of Engineers: June 17, 2015 Town Planning & Design, LLC 5 (4) Steep slopes over 25% of at least 5000 square feet contiguous area; (5) bodies of open water over 5,000 square feet in contiguous area; (6) Extensive rock out-crops. (7) anticipated right-of-way needs for roads; (8) areas needed for on-site sewage treatment systems or community sewage treatment systems, and stormwater detention areas. (9) All proposed lots (10) Topographic contours at 20-foot intervals minimum (f) Sketch Plan A sketch plan of the proposed design may be submitted by the applicant as a diagrammatic basis for discussion and review to the staff, the planning commission, and city council. Applicants are strongly encouraged to submit a sketch plan. However, the sketch plan is not a formal filing for conceptual plan approval. The sketch plan may be prepared as a simple overlay sheet placed on top of the existing resources map. The sketch plan consists of the following information and elements: (1) Name and address of the legal owner, the equitable owner, and / or the applicant; (2) Name and address of the professional engineer, surveyor, planner, architect, landscape architect, or the site designer responsible for preparing the plan; (3) Graphic scale not greater than 1 inch = 200 feet, (however, dimensions on plan need not be exact) and north arrow; (4) Approximate tract boundaries, sufficient to locate the tract on a map of the community; (5) Location map (6) Zoning district (7) Streets existing and proposed both on-site and adjacent (8) 100-year floodplains; wetlands (9) topographic contours (10) Schematic layout (bubble format is acceptable) identifying areas for development and areas for conservation (11) Proposed general street and lot layout (12) General description of proposed method of water supply, waste water treatment, and storm water management. Schematic layout identifying any proposed drain field locations for wastewater treatment. Sec. 50- 140. Procedure for Review and Approval (a) Pre-Application Meeting A pre-application meeting is required between the applicant, the site designer and the planning staff. The purpose of the pre-application meeting is to review the City’s zoning and subdivision regulations and procedures, to discuss the applicant’s objectives for that site and to schedule site visits, additional meetings, and plan submissions. Applicants must present the context map at this meeting. June 17, 2015 Town Planning & Design, LLC 6 (b) Review of site analysis map. Prior to the site visit required in paragraph (c) below, the site analysis map shall be submitted for review to the Community Development Director and the Public Works Director. If found inadequate, the reviewer shall provide in writing the reasons for its inadequacy, and the site analysis map shall not be accepted until adequate changes are made. (c) Planning Site Visit The applicant shall schedule a planning site visit to the subject property to obtain advice and assistance prior to preparing a plan of the subdivision for submittal. This consultation shall occur at the site of the proposed subdivision, and shall be attended by applicant, applicant's designer, community development staff, public works staff, the city arborist, and at least two but no more than three members of the planning commission. The city council member representing the district in which the property is located shall also be notified of the date, time and location for the planning site visit. A representative from any qualified land trust of the applicant's choosing that is active in the protection of land in Fulton County shall also be invited to attend the planning site visit. Attendance by abutting residents is encouraged but is at the discretion and invitation of the applicant owner of the property. The applicant shall distribute copies of the context map and the site analysis map at this on-site meeting. One or more sketch plans, if prepared by the site designer, may also be discussed and reviewed. The purpose of the site visit is to familiarize local officials with the property’s existing conditions and special features, to identify potential site design issues, and to provide an informal opportunity to discuss site design concepts, including the general layout of green space and potential locations for proposed buildings and street alignments. Comments at the site visit made by city officials or staff and consultants shall be interpreted as being only suggestions. It shall be understood by all parties that no formal recommendations can be offered. No official decisions can be made at the site visit. (d) Sketch Plan Submission A sketch plan may be submitted as a diagrammatic basis for informal discussion with the planning officials regarding the design of a proposed subdivision or land development. The purpose of a sketch plan submission is to provide a mechanism to help applicants and local officials develop a better understanding of the property and to help establish an overall design approach that respects its special or noteworthy features while providing for the density permitted under the zoning ordinance as determined by the yield plan. (e) Elevation drawings The director of community development may require submittal of architectural drawings depicting the view of the proposed conservation subdivision from any existing or proposed public right of way from which it may be seen. The elevation drawings shall be at an appropriate scale either from an oblique or “birds eye” perspective or from a view at eye- level. The drawings shall depict proposed dwellings and other structures, green space and June 17, 2015 Town Planning & Design, LLC 7 and the proposed landscape form so that the staff, the planning commission, and the public may evaluate the impact and appearance of the project from the public ways of the city. Sec. 50- 141. Four Step Design Process for Conservation Subdivision All Concept plans for Conservation Subdivision shall include documentation of a four step design process in determining the layout of proposed green space lands, house sites, streets, and lot lines as described below. (a) Step 1: Delineation of green space lands The minimum percentage and acreage of required green space lands shall be calculated by the applicant and submitted as part of the Sketch Plan or Conceptual Plan in accordance with this ordinance. Proposed green space lands shall be designated using the existing resources map as a base map. Green space shall include all Primary Conservation areas and those parts of the Secondary Conservation areas, as defined herein, and otherwise buildable lands if needed to meet the terms of this ordinance. In delineating Secondary Conservation Areas, the applicant shall consult with Community Development staff on the prioritization of natural and cultural resources on the tract in terms of their highest to lowest suitability for inclusion in the proposed green space. Using the priorities and practical considerations given to the tract’s configuration by planning staff, its context in relation to resource areas on adjoining and neighboring properties, and the applicant’s own subdivision objectives, Secondary Conservation Areas shall be delineated to meet at least the minimum area percentage requirements for green space lands and in a manner clearly indicating their boundaries as well as the types of resources included within them. (b) Step 2: Location of House Sites. Potential house sites shall be tentatively located using the proposed green space lands as a base map as well as other relevant data on the Existing resources map such as topography and soils. House sites should be located not closer than 100 feet from Primary Conservation Areas and 50 feet from Secondary Conservation Areas, taking into consideration the potential negative impacts of residential development on such areas as well as the potential positive benefits of such locations to provide attractive views and visual settings for residences. (c) Step 3: Alignment of Streets and Trails. Upon designating the house sites, a street plan shall be designed to provide vehicular access to each house, complying with the standards for road design in Chapter 48 and in Chapter 50 of the City of Milton Code of Ordinances and bearing a logical relationship to topographic conditions. June 17, 2015 Town Planning & Design, LLC 8 (d) Step 4: Drawing in the Lot Lines. Upon completion of the preceding three steps, lot lines are drawn as required to delineate the boundaries of individual residential lots. Lot lines are drawn as the last step. Lots shall be regular in shape and have the minimum street frontage required by zoning. Flag lots shall be permitted subject to limitations in length and area. Sec. 50- 142. Conceptual Plan After competing the four-step design process, the design shall be consolidated into a proposed conceptual plan for the conservation subdivision. At least one copy of the proposed conceptual plan shall be reproduced at the same scale as the site analysis map and on transparent or translucent material so that it may be over-layed upon the site analysis map for accurate comparison. Additional digital copies of the overlay may be required for the planning commission members and shall be at a suitable scale and detail to be clearly read. The conceptual plan shall contain the following information, elements, and format: (1) Name and address of the legal owner, the equitable owner, and the developer applicant; (2) Name and address of the professional engineer, land surveyor, architect, landscape architect, or the site designer responsible for preparing the plan; (3) Graphic scale not greater than 1 inch = 200 feet, and north arrow; (4) Approximate tract boundaries, adequate benchmarks sufficient to locate the tract on a map of the community and on the state coordinate system; (5) Location map (6) Zoning district and district boundaries on the site; (7) Streets existing and proposed both on-site and adjacent; (8) Streams, stream buffers, and bodies of water; 100-year floodplains; wetlands meeting US Army Corps of Engineers definition; (9) topographic contours at minimum 5-foot intervals. (10) areas designated for conservation and any areas designated for phased development; (11) Proposed lot layout and lot areas (12) Location and description of all proposed structures within green space areas; (13) Description of proposed method of water supply, waste water treatment, and storm water management. Locations for proposed water wells, wastewater treatment facilities and drain field locations. (14) Locations of any required buffers and proposed tree-save areas. June 17, 2015 Town Planning & Design, LLC 9 Sec. 50- 143. Planning commission hearing and approval required. (a) Public Hearing. Official submittal of a proposed conceptual plan for approval shall include required accompanying material including all approved permits or permit applications for wastewater treatment. Upon a complete submittal the secretary to the planning commission shall call a public hearing for the next scheduled meeting of the planning commission to be held at least four weeks after the date of the application. The director of community development shall submit a notice for publication in one newspaper of general circulation to be published at least 15 days prior to the public hearing and mail notices to all property owners as specified in Sec. 64-___. The director shall maintain file copies of the conceptual plan and supporting plans and documents for public review prior to the hearing. The director of community development shall furnish four (4) posters to the applicant to be posted by the applicant on the four closest public roads in visible locations surrounding the proposed subdivision property at least 10 days prior to the public hearing. At the time of the public hearing, the applicant shall submit an affidavit stating that the applicant has placed four (4) poster signs provide to him by the director at the locations required above. (b) Approval of the Conceptual Plan. The planning commission shall review the conceptual plan and the supporting yield plan, site analysis map and other plans and documents, the report of the directors of community development and public works, any municipal recommendations, and the testimony and exhibits submitted at the public hearing. The applicant shall be advised of any required changes and /or additions to the proposed conceptual plan. The planning commission shall approve, conditionally approve, or disapprove the conceptual plan within 30 days from the official submission date of the conceptual plan for the conservation subdivision. One copy of the proposed conceptual plan shall be returned to the developer with the date of approval, conditional approval or disapproval and the reasons therefore accompanying the plan. Before the Commission approves a preliminary plat showing park reservation or land for other local government use that is proposed to be dedicated to the local government, the planning commission shall obtain approval of the park or land reservation from the mayor and council. If the planning commission disapproves the proposed subdivision, the applicant may initiate an appeal in the manner prescribed in Sec. ___. Sec. 50- 144. Lot Design Standards (a) Lot Sizes. Minimum. Once the number of allowed lots is determined, the smallest allowable lot size is 8,000 square feet consisting of no more than 33% of the allowable lots for the Conservation Subdivision. Maximum. There is no maximum lot size. June 17, 2015 Town Planning & Design, LLC 10 (b) Estate Lots Estate lots with a minimum area of 4 acres in area that are intended for one principal single-family detached dwelling and one accessory dwelling (maximum 800 sq. ft. floor area) in which a minimum of 50% of the lot area is protected by a permanent conservation easement under Sec. 50-148 and no further subdivision shall be permitted. The green space within such lots, though not owned in common, shall be counted toward satisfying the minimum green space requirement of the conservation subdivision. (c) Double Frontage Lots Prohibited Double frontage lots shall be prohibited except for lots greater than four (4) acres in area. On such lots, either a conservation easement covering 50% of the lot area or an easement prohibiting vehicular access to one of the frontages shall be placed on the conceptual plan and the final plat. (d) Area and Yard Requirements Placement. The placement of all principal buildings shall provide for safe, quiet, and harmonious grouping as well as adequate privacy by providing adequate front, side, and rear yards as shown in Table ___21-1. [Insert Table HERE] Lot Standards AG-1 in Conservation Subdivisions AG-1 Cottage Lots Traditional Lots Large Lots Estate Lots Lot Width - minimum 100 60 80 100 200 Lot Area – minimum 1 acre (43,560 s.f.) 8,000 s.f. to 16, 000 sf 16,001 to 22,000 22,001 to 3.99 acres 4 acres Setbacks Front 60 30 30 60 150 Side Side interior line 25 10 10 20 100 Adjacent to street 40 30 100 Rear 50 20 30 40 100 Lot Coverage (% impermeable) Minimum Public Road Frontage 35 25 35 35 50 Maximum Height 40 35 40 40 40 Minimum Heated Floor Area No minimum 800 sf There shall be a minimum building separation requirement of 20 ft. between all principal buildings. June 17, 2015 Town Planning & Design, LLC 11 Accessory buildings shall be placed in side or rear yards but shall not be placed within minimum required yards. Detached garage buildings shall be prohibited in front yards. Minimum alternative building setbacks or build-to lines may be proposed by the applicant of the Conservation Subdivision and may be adopted as a condition of approval if recommended by the director of community development. The final plat for a Conservation Subdivision shall display on each lot a building envelope sufficient to contain the proposed principal building and any customary accessory structures. (e) Locations of Lots and Structures House lots shall not include any Primary Conservation Areas. Lot layout shall respect Secondary Conservation Areas. For any Secondary Conservation Areas not included in green space, such areas shall not be included within the buildable area of any lot. The Conservation Subdivision shall have setbacks for all proposed dwellings along the exterior property boundary. The resulting setback yards shall serve as a buffer wherever their pre-development condition remains undisturbed by construction and development by the subdivider and subsequent homebuilders. Where existing vegetation or land disturbance takes place, the buffer shall be re-planted with such native vegetation to restore the original condition and meet the intent of this section. Views of house lots from exterior road and abutting properties shall be minimized by the use of existing topography, existing vegetation, or additional landscaping that meets landscaping requirements of the Zoning Ordinance or the City Arborist House lots shall generally be accessed from interior streets rather than from existing roads bordering the tract. At least three-quarters (3/4 or 75%) of the lots should directly face, abut or be across a street from Primary or Secondary Conservation areas. Sec. 50- 145. Discretionary Density Bonus The director may recommend and the planning commission may approve such bonus lots on the following basis: 1) as an incentive for the installation and maintenance of community wastewater systems; or 2) as an incentive for the maintenance of green space, or 3) to provide for public dedication of or public access to green space. Offers of dedication must receive approval by the mayor and council and such approval recorded on the final plat (see: Sec. 50-47). June 17, 2015 Town Planning & Design, LLC 12 The developer may seek approval of lots beyond those resulting from the yield plan according to the following table based upon a factor of 10 percent above the number of lots shown on the yield plan. Number of Lots in Yield Plan Maximum No. of Bonus Lots Permissible 5 – 14 lots 1 15 – 24 lots 2 25–34 3 35–44 4 45 lots 54 5 55 lots or more 10% x number of lots on yield plan. (Fractions ≥ 0.5 round up to next whole number) Sec. 50- 146. Green space standards. (a) Green space required. Within a conservation subdivision, the minimum required green space shall comprise at least 60% of the gross tract area of the proposed conservation subdivision. Green space shall consist of all primary conservation areas, if any; secondary conservation areas, or lands that are otherwise considered buildable in a sufficient amount to meet the 60% minimum requirement. To the extent practicable, green space shall be preserved in larger, contiguous, and connected tracts so as to provide uninterrupted habitat for plants wildlife. The green space should adjoin any neighboring areas of green space, other protected areas, and non- protected natural areas that would be candidates for inclusion as part of a future area of protected green space. (b) Primary Conservation areas. Primary Conservation areas are lands that serve important ecological purposes and possess beneficial environmental qualities contributing to the health of the local community. All land identified as Primary Conservation Areas shall be undisturbed, except as provided herein. Primary Conservation Areas shall include: (1) The 100-year floodplain. (2) Riparian zones of at least 75 ft width on either side along all perennial and intermittent streams. June 17, 2015 Town Planning & Design, LLC 13 (3) Riparian zones of at least 75 ft width on either side along the Little River Corridor (4) Slopes above 25% of at least 5000 square feet contiguous area (5) Wetlands as defined by state and/or federal regulations. (6) Populations of endangered or threatened species, or habitat for such species. (c) Secondary Conservation Areas. The following are considered Secondary Conservation Areas and should be protected to the maximum extent feasible in order to meet the minimum green space requirement. (1) Important historic sites subject to approval indicating that these structures are compatible with the City of Milton Zoning Ordinance. (2) Existing healthy, native forests of at least one acre contiguous area (3) Individual existing healthy trees greater than 6-14 inches diameter at breast height (DBH), depending on species (see notes). (4) Other significant natural features and scenic viewsheds such as ridge lines, peaks, and rock outcroppings, in particular those that can be seen from public roads. (5) Prime agricultural lands, and farmland of statewide importance, as defined by the Natural Resource Conservation Service, of at least five acres contiguous area. (6) Existing trails that connect the tract to neighboring areas. (7) Archaeological sites, cemeteries, and burial grounds subject to the requirements of Article XVII Division 4 of the City of Milton Zoning Ordinance. (8) Buffers required by the zoning ordinance. (d) Permitted Uses of Green space. Uses of green space may include the following: (1) Conservation of natural, archeological, or historical resources; (2) Meadows, woodlands, wetlands, wildlife corridors, game preserves, or similar conservation-oriented areas; (3) Walking or bicycle trails, provided they are constructed of permeable materials; (4) Passive recreation areas, such as open fields; (5) Community gardens June 17, 2015 Town Planning & Design, LLC 14 (6) Active recreation areas, provided that they are limited to no more than 10 percent of the total green space and are not located within Primary Conservation Areas. Active recreation areas may include impervious surfaces. Active recreation areas in excess of this limit must be located outside of the protected green space. Active recreation areas may include small impervious areas. However, such impervious areas shall not count towards the minimum green space requirement. Active recreation areas shall not include large impervious areas in excess of 20,000 square feet in total area. (7) In AG-1 zoned green space: agriculture, horticulture, silviculture or pasture uses, provided: that all applicable best management practices are used to minimize environmental impacts; that such activities are not conducted within Primary Conservation Areas; and, no existing healthy, native forests of more than one contiguous acre in size are removed to allow for such activities. (8) In AG-1 zoned green space: Equestrian paddocks, corrals, horse stables and barns, practice show rings, outdoor riding arenas, courses for show jumping, for dressage, or for cross-country riding, and their customary accessory uses provided that buildings used for housing animals must be set back at least 100 feet from all property lines. (9) Landscaped stormwater management facilities, nonstructural stormwater management practices and structural stormwater management practices that allow for infiltration, such as bio-retention areas; (10) Individual and community wastewater treatment systems, and their associated drain fields when located on soils particularly suited to such uses provided that such facilities shall be located outside of any Primary Conservation Areas; (11) Easements for drainage, access, and underground utility lines; or (12) Other conservation-oriented uses compatible with the purposes of this ordinance. (e) Prohibited uses of green space. Uses of green space may not include the following: (1) Roads, parking lots, and impervious surfaces, except as specifically authorized in this article; (2) Agricultural and forestry activities not conducted according to accepted Best Management Practices; (3) Other activities as prohibited pursuant to a recorded legal instrument providing for permanent protection of the green space; and. (4) Golf Courses. June 17, 2015 Town Planning & Design, LLC 15 (5) Impoundments of water with a surface area in excess of of 10 percent of the green space, whichever is less. Sec. 50- 147. Ownership, preservation, and maintenance of green space. Green space land shall be preserved and maintained solely for the purposes specified in section _____. The method for effectuating such preservation and maintenance shall be one of the following: A. Establishment of a home owners association (HOA), to own and maintain the land in common for the green space purposes intended according to the following provisions: With their application for a permit to develop a Conservation Subdivision, developers will create and submit documentation detailing the minimum requirements and structure for the HOA The HOA will maintain, pay taxes, and own the green space. It shall also have the legal authority, under its bylaws, to place liens on properties when owners fail to pay their dues, after three notices have been sent to them Membership in the HOA is mandatory for all homeowners and dues shall be uniform. The HOA will execute legally enforceable permanent conservation easement as described in section _____. It is recommended that at least one member of the HOA should receive training in or be conversant in, wildlife habitat conservation, enhancement, and maintenance Each homeowner should be given site-specific information about indigenous habitat and diversity of species The HOA shall develop a long-term conservation plan for maintenance of common areas. This plan should include examples of environmentally friendly landscaping techniques for homeowners. B. Dedication of legally described and platted green space to the City of Milton Mayor and City Council shall be at the discretion of and approval by the City of Milton Mayor and City Council. C. Conveyance of legally described and platted green space to a land trust established in compliance with the requirements of Georgia law shall be for conservation purposes. June 17, 2015 Town Planning & Design, LLC 16 (a) Legal Instrument for Permanent Protection. Green space shall be protected in perpetuity by a binding legal instrument which shall be one of the following: A. A permanent conservation easement conforming to a form provided by the City, in favor of either: 1. A land trust or similar conservation-oriented non-profit organization with legal authority to accept such easements. The organization shall be bona fide and in perpetual existence and the conveyance instruments shall contain an appropriate provision for re-transfer in the event the organization becomes unable to carry out its functions; subject to the approval of the Mayor and City Council, or 2. A governmental entity with an interest in pursuing goals compatible with the purposes of this ordinance, subject to the approval of the Mayor and City Council. B. All legal instruments used to permanently protect conservation areas platted within the Conservation Subdivision shall be executed by the owner developer and approved by the City Attorney prior to approval of the final plat for the development. Upon approval of the final plat and the legal instruments for permanent protection of the conservation areas, the City will record said documents with the Clerk of the Superior Court’s office. All fees associated with the recordation of plats and legal instruments will be furnished by the developer of the Conservation Subdivision or his agent. Sec. 50- 148. Infrastructure standards in conservation subdivisions. (a) Roads and streets. Roads within Conservation Subdivisions shall in general comply with the standards in the subdivision regulations of the city of Milton (Chap. 50) and in particular, comply with “Design Standards For Streets in Conservation Subdivisions” set forth in the standard details for land development activity. The design of streets, within the Conservation Subdivision, shall be reviewed and be approved by the Public Works Director prior to approval of a conceptual plan. Cul-de-sac streets are generally prohibited and may be permitted only if no other feasible street design is possible. The placement of half cul-de-sacs to accommodate right angle changes in street alignment is expressly prohibited. Alternatives to the cul de sac are: loop streets, loop lanes, single loaded streets and crescents as shown in the “Design Standards For Streets in Conservation Subdivisions”. Turf, trees and other vegetation shall be used for the inner circle of turn-arounds, rather than paving the entire area. A note on the final plat and in the neighborhood bylaws shall declare the HOA responsible for the maintenance of such landscape areas Residential streets shall provide more than one entrance to the subdivision and interconnect with external or adjoining public streets where feasible. June 17, 2015 Town Planning & Design, LLC 17 Minor subdivision streets serving less than 50 dwelling units may omit curbs wherever total gross density of the conservation subdivision is less than 1.5 units per acre if approved by the director of public works. (b) Trails. Marked paths and trails shall be provided with improved surfaces for non-vehicular traffic within the development and connecting to neighboring residential and commercial areas where such opportunity exists. Where trails are planned, such trails may be constructed within the buffer area. The path through the buffer area containing such trail may be no wider than 8 feet. All clearing associated with the construction of such path shall be contained within 10 feet. If such trails are planned as a part of the development, the trails must be located within the first 25% of the buffer furthest from the exterior boundary line for the subdivision but in no event shall be within 30 ft. of said exterior boundary line. (c) Wastewater utility systems. Wastewater treatment systems and water wells may be placed in suitable locations within Secondary Conservation Areas. The locations shall be established in conformity with plans and permits from the Georgia Environmental Protection Division or the Fulton County Health Department as appropriate. Easements shall be placed on all wastewater treatment system facilities and components such as drain fields and drip lines; and water wells when such structures are placed within green space. The easements shall be for the purposes of maintenance access and for defining ownership. When located in green space conservation areas, the ownership and maintenance of the individual septic system drain fields shall be the responsibility of the owner of the lot served by that drain field. Ownership and maintenance of any community wastewater treatment system shall be the responsibility of the developer, a homeowners association or an owner/ operator licensed by the State of Georgia to operate such a system. Ownership and maintenance of individual septic tank systems or parts thereof, and parts of community wastewater treatment systems, and water wells located on lots shall be the responsibility of the individual lot owners. The city of Milton is authorized to serve as a trustee for a community wastewater system if approved by the director of public works and the city attorney and ratified by the mayor and council. The city of Milton may require appropriate and reasonable surety and guarantees, and specifications regarding the construction, operation, and maintenance of any community wastewater treatment system for which it agrees to serve as a trustee. Issuance of permits by other governmental authorities for construction of a community wastewater system does not obligate or bind the City of Milton planning commission to approve any proposed conservation subdivision. June 17, 2015 Town Planning & Design, LLC 18 (d) Stormwater structures. Conservation subdivisions shall comply with Sec. 50-185 Stormwater Provisions. Storm water management structures designed to promote on-site infiltration and/or treatment of runoff and that comply with the City of Milton’s adopted Stormwater Management Manual (chapter 20, article IV of the City Code) may be permitted in green space in suitable locations within Secondary Conservation Areas if approved by the Public Works Director. In general, storm water utility systems shall not be allowed to encroach into an exterior buffer as defined herein. Notwithstanding other provisions to the contrary, the City of Milton Public Works Director may permit stormwater control structures to be built within a required buffer if it is determined that this is the only practical location. The area devoted to the installation of the stormwater structure may not be used to satisfy the green space requirement for the development. Where stormwater structures are allowed within the buffer, the developer shall plant sufficient vegetative material to effectively screen the location of such structure and obscure such structure from view. All walls or other hard surfaces of such structure shall be painted a muted earth-tone color or shall be faced with other materials to further conceal such structure from view. Sec. 50- 149. Buffers. All buffers required by the applicable zoning district shall be shown on the conceptual plan and the final plat. All buffers and setbacks required by other ordinances and regulations, such as permits for wastewater systems, water wells, or for stormwater facilities shall be applicable and all such facilities and structures shall comply with those requirements. The placement of additional buffers under the conservation subdivision regulations shall be for the purpose of screening new house lots from view of existing adjoining house lots and for buffering impacts of new development (such as privacy and noise) upon existing residences. For proposed lots having less than 50% of the minimum lot area required by the zoning ordinance, the following buffers and designs shall be required: No such lots shall adjoin existing abutting dwellings on lots conforming to the zoning ordinance. A buffer, minimum 50-feet in width, shall be placed between the proposed lots and the perimeter boundary of the proposed subdivision that is shared with the existing dwellings. Buffers shall be required along the perimeter boundary of the conservation subdivision: a) where ever resources exist off-site on the abutting property which, if proposed for conservation subdivision, would qualify as primary or secondary conservation areas; or b) where ever the opportunity exists to match up and reinforce a similar buffer and green space that might be planned in the future on the abutting property. June 17, 2015 Town Planning & Design, LLC 19 In buffers placed along a perimeter boundary of the conservation subdivision, no fence or other structure shall be placed that would impede the free movement of wildlife within such a green space buffer. Estate lots may be placed fronting along existing roads adjoining the proposed conservation subdivision and no buffer shall be required. Upon recommendation of the director of community development, the planning commission may require buffers up to 150 feet in width along the subdivision perimeter where insufficient forest or terrain exists to provide visual screening and where added separation of the proposed lots achieves those purposes. However, if the community development director determines that the adjoining properties are in agricultural use or that they are undeveloped and suitable and likely candidates for conservation subdivision, then the director may waive such required buffer. All buffers 50-feet or greater in width may count toward the required green space of the conservation subdivision. Proposed DEFINITIONS. [new] Commentary: Users should review local, county and state definitions sections to ensure compatibility with the recommended definitions in this model. Build-Up Line. The height of a building’s cornice, which establishes the vertical visual dimension of a building and defines its proportion in relation to the street. Building-to-Building Distance. The horizontal distance between the facades of buildings on opposite sides of a street, excluding porches, stoops and projecting eaves. Cropland shall be defined as tracts of land of two (2) acres or greater, used for growing cultivated plants or agricultural produce, such as grain, vegetables, or fruit; or which could be fallow, if such inactivity is a part of the agricultural production process being exercised on the land and such inactivity has not existed for more than two years. Such use of land must be present and active. Potential use of land as cropland does not qualify under this definition Pasture land shall be defined as tracts of land of two (2) acres or greater, on which grass or other vegetation is grown and eaten as food, or is set aside for use by domestic grazing animals. Such use of land must be present and active. Potential use of land as pasture does not qualify under this definition Estate lot – a lot with a minimum area of 4 acres that is intended for one principal single- family detached dwelling and in which a minimum of 50% of the lot area is protected by a conservation easement and no further subdivision is permitted. Estates lots are a technique for owning and maintaining green space in non-common ownership. June 17, 2015 Town Planning & Design, LLC 20 Garage, front loaded. A garage having its vehicular entry door facing the street. Garage, side loaded. A garage having its vehicular entry door facing a side yard. Garage, rear loaded. A garage having its vehicular entry door facing an alley or rear lane. Prime farmland is the land best suited to producing food, feed, forage, fiber and oilseed crops as defined in the Soil Survey of Fulton County Georgia (published by the USDA and UGA College of Agriculture Agric. Experiment Station). Prime farmland can now be in cropland, pastureland, woodland or other land uses but not in urban land, built-up land, or in water areas. It is either currently used for producing food or fiber or is available for these uses. Primary Conservation Area. All floodplains, wetlands, and steep slopes greater than 25 percent on a development parcel. Secondary Conservation Area. Lands that are set aside as permanent Greenway Land on a development parcel, excluding Primary Conservation Areas. Terminal Vista. The building or landscape element that is visible at the end of a street, or along the outside edge of a curve, where the view is focused or ends. STATE OF GEORGIA ORDINANCE____ COUNTY OF FULTON AN ORDINANCE TO CREATE A CONSERVATION SUBDIVISION ORDINANCE IN CHAPTER 50, SUBDIVISIONS, ARTICLE V WITHIN 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 July 20, 2015 6:00 p.m. as follows: SECTION 1. That the creation of Article V, Conservation Subdivision Ordinance within Chapter 50, Subdivisions, of the City Code of Ordinances 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 July, 2015 __________________ Joe Lockwood, Mayor Attest: ___________________________ Sudie AM Gordon, City Clerk (Seal) 0 HOME OF' BEST kLIALI:TY OF 1_IFr IN C;EOY r ON ESTABLiSHE72(}fl6 CITY COUNCIL AGENDA ITEM TO: City Council DATE: June 26, 2015 FROM: City Manager AGENDA ITEM: Consideration of an Ordinance of the Mayor and Council of the City of Milton, Georgia, to Fix the Ad Valorem Tax Rate of the City of Milton for Fiscal Year 2015; and for Other Purposes. MEETING DATE: Monday, July 6, 2015 Regular City Council Meeting BACKGROUND INFORMATION: (Attach addition! pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: V APPROVED CITY ATTORNEY APPROVAL REQUIRED: () YES CITY ATTORNEY REVIEW REQUIRED: () YES O NOT APPROVED kNO KNO APPROVAL BY CITY ATTORNEY O APPROVED O NOT APPROVED PLACED ON AGENDA FOR: /0 -7 D L I ' REMARKS q4 © . you in PHONE: 678.242.2500 f FAX: 678.242.2499 "Greenv *ca«,red rdP:3y� info@cityofmilfonga.us www.cityofmilfonga.us Wl Community i s�i;soI 73000 Deerfield Parkway. Suite 107 1 Milton GA 30004 Page 1 of 1 To: Honorable Mayor and City Council Members From: Stacey Inglis, Assistant City Manager Date: Submitted on June 26, 2015 for the July 6, July 20 and August 3, 2015 Regular Council Meetings Agenda Item: Consideration of an Ordinance of the Mayor and Council of the City of Milton, Georgia, to Establish the Ad Valorem Tax Rate of the City of Milton for Fiscal Year 2015; and for Other Purposes. ____________________________________________________________________________________ Department Recommendation: Adopt the ordinance as presented to establish the ad valorem tax rate of the City of Milton for the 2015 fiscal year. Executive Summary: The Taxpayers Bill of Rights, in effect since 2000, requires the City to advertise a property tax increase if the millage rate is not fully rolled back to offset inflationary reassessments to existing property values. The impact of the reassessments this past year resulted in a property tax increase of 5.48%. When coupled with the upsurge in the digest for newly improved properties, the overall taxes levied will be 6.5% higher than 2014. The FY2015 Budget anticipated a millage rate of 4.731 mills, which is the same millage rate the City of Milton Charter permits and is the same rate accessed in all eight years of the City’s incorporation. Three public hearings will be held to allow the public the opportunity to provide their input. The first public hearing will be held on July 6th, where the first presentation of the Ordinance to establish the millage rate will also be sounded. The second public hearing will be held on July 2 0th. The final public hearing will be held on August 3rd, where the Ordinance will also be considered for adoption. Funding and Fiscal Impact: The property tax revenues were estimated to be $8,670,500 in the fiscal year 2015 budget. The total amount of property taxes to be levied, excluding motor vehicle tax, is roughly $10.2 million. To meet the budget estimates, the collection rate will have to exceed 85%. Given that the collection rate over the past three years has been around 95%, we shouldn’t have a problem meeting the projected budget numbers. Alternatives: None. Legal Review: Not required. Concurrent Review: Chris Lagerbloom, City Manager Attachment(s): Advertisement - Current 2015 Tax Digest and Five Year History of Levy Page 1 of 2 STATE OF GEORGIA ORDINANCE NO. COUNTY OF FULTON AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE CITY OF MILTON, GEORGIA, TO ESTABLISH THE AD VALOREM TAX RATE OF THE CITY OF MILTON FOR FISCAL YEAR 2015; AND FOR OTHER PURPOSES WHEREAS, the Charter of the City of Milton, Georgia authorizes the City to levy and provide for the assessment of ad valorem property taxes on all property subject to taxation; and WHEREAS, the Charter of the City of Milton, Georgia provides that the valuation of all property subject to taxation by the City shall be determined according to the tax digest prepared by the Fulton County Board of Tax Assessors; and WHEREAS, the Mayor and City Council, after hearing and after duly considering all such relevant evidence, testimony and public comments, has determined that it is in the best interests of, and necessary to meet the expenses and obligations of, the City of Milton, Georgia to set a levy in the amount of $4.731 on each $1,000.00 of taxable value for all property subject to ad valorem taxation by the City; now BE IT ORDAINED by the Mayor and City Council of the City of Milton, Georgia as follows: SECTION I: The ad valorem tax rate for the City of Milton, Georgia for the 2015 fiscal year, on property subject to ad valorem taxation by the City is hereby fixed at $4.731 on forty percent (40%) of each $1,000.00 of property subject to ad valorem tax by the City. SECTION II: Said rate of $4.731 on forty percent (40%) of each $1,000.00 of taxable property is hereby levied for General Government purposes. SECTION III: All ordinances and parts of ordinances in conflict herewith are hereby repealed. Page 2 of 2 ORDAINED this the ____day of ________, 2015. ____________________________________ Joe Lockwood, Mayor Attest: ___________________________ Sudie AM Gordon, City Clerk (SEAL) Incorporated City of Milton Real & Personal 2,053,385,022 1,976,153,262 2,002,141,290 1,991,826,430 2,156,608,276 2,332,989,792 Motor Vehicle 101,093,870 104,790,450 116,670,630 125,271,430 110,057,590 80,438,520 Mobile Homes 0 0 0 0 0 0 Timber – 100%0 0 0 0 0 0 Heavy Duty Equipment 6,584 6,584 0 0 0 0 Gross Digest 2,154,485,476 2,080,950,296 2,118,811,920 2,117,097,860 2,266,665,866 2,413,428,312 Less M & O Exemptions 158,169,430 163,889,783 161,283,460 162,615,270 154,175,700 174,457,350 Net M & O Digest 1,996,316,046 1,917,060,513 1,957,528,460 1,954,482,590 2,112,490,166 2,238,970,962 Gross M & O Millage Rate 4.731 4.731 4.731 4.731 4.731 4.731 Less Millage Rate Rollbacks 0 0 0 0 0 0 Net M & O Millage Rate 4.731 4.731 4.731 4.731 4.731 4.731 Net Taxes Levied 9,444,571 9,069,613 9,261,067 9,246,657 9,994,191 10,592,572 Net Taxes $ Increase (508,802)(374,958)191,454 (14,410)747,534 598,381 Net Taxes % Increase -5.1%-4.0%2.1%-0.2%8.1%6.5% CITY OF MILTON NOTICE The City of Milton does hereby announce that the millage rate will be set at a meeting to be held at City Hall Council Chambers, 13000 Deerfield Pkwy, Suite 107E, Milton, Georgia on August 3, 2015 at 6:00 PM and pursuant to the requirements of O.C.G.A § 48-5-32 does hereby publish the following presentation of the current year’s tax digest and levy, along with the history of the tax digest and levy for the past five years. Current 2015 Tax Digest and Five Year History of Levy 2010 2011 2012 2013 20152014 2015 Property Tax Public Hearing Public Notice •1st Public Hearing – July 6th 6:00 PM •2nd Public Hearing – July 20th 6:00 PM •3rd Public Hearing and Adoption of Millage Rate – August 3rd 6:00 PM •Tax bills projected to be mailed September 1st •Taxes due October 31st Public Notice •Total Tax Digest = $2,238,970,962 •Total Taxes Levied = $10,592,572 –Property Taxes = $10,212,017 –Motor Vehicle Taxes = $380,555 •Property Tax Increase –Increase of 5.48% Due to Reassessments –Millage Rate = 4.731 mills U HOME OF ' FSTA[ILISJ [FD 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: June 24, 2015 FROM: City Manager AGENDA ITEM: Consideration of a Resolution of the City of Milton, Georgia Regarding Possible Extension to Existing 90 Day Moratorium Barring Acceptance of Applications for Land Disturbance Permits for Residential Development on Property in the R-1, R-2, T-2 and AG -1 Zoning Districts. MEETING DATE: Monday, July 6, 2015 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER.- [APPROVED CITY ATTORNEY APPROVAL REQUIRED: YES CITY ATTORNEY REVIEW REQUIRED: OYES APPROVAL BY CITY ATTORNEY ( APPROVED PLACED ON AGENDA FOR: D'i0�1S- REMARKS (} NOT APPROVED (J NO () NO O NOT APPROVED ©* Youm PHONE: 678.242.25001 FAX: 678.242.2499 Green a infoftityofmiltonga.us i www .cifyafmiitongo.us t ILPLIF Communit E�h;�' 13000 Deerfield Parkway, Suite 107 Milton GA 30004 „'Y' y e� 1 STATE OF GEORGIA COUNTY OF FULTON RESOLUTION NO. A RESOLUTION OF THE CITY OF MILTON, GEORGIA EXTENDING A MORATORIUM FOR AN ADDITIONAL 90 DAYS TO BAR THE ACCEPTANCE OF APPLICATIONS FOR LAND DISTURBANCE PERMITS FOR RESIDENTIAL DEVELOPMENT ON PROPERTY IN THE R-1, R-2, T-2 AND AG-1 ZONING DISTRICTS WHEREAS, the Section 1.12(b)(26) of the Charter of the City of Milton, Georgia (“City”) empowers the City to regulate development within the City limits through zoning; and WHEREAS, Chapter 64 of the current Code of the City of Milton, Georgia (“zoning ordinance”) divides property within the City into various districts, and regulates the use and development of property based on the district to which the property is designated; and WHEREAS, Section 20-284 of the current Code of the City of Milton, Georgia states: any owner or developer proposing a land development activity shall submit to the city community development department a permit application on a form provided by the city for that purpose or as part of the land disturbance or building permitting process; and WHEREAS, the City values the preservation of conservation area, open space, and rural, agricultural land use; and WHEREAS, the City intends to and has been considering amendments to Chapter 50 of the City of Milton Code to add or adopt a new conservation subdivision ordinance that will more concisely capture the vision of the City of Milton with respect to the preservation of conservation area, open space, and rural, agricultural land use; and WHEREAS, this new conservation subdivision ordinance may have application with respect to residential development on properties located in the following existing zoning designations: R-1, R-2, T-2 and AG-1; and WHEREAS, while the new conservation subdivision ordinance has been and continues to be formulated, it is reasonable and appropriate that applications for conceptual plan approval and land disturbance permits for 1.0 acre or more of disturbance for residential development on properties located in the R-1, R-2, T-2, and AG-1 zoning districts be temporarily discontinued; and 2 WHEREAS, on March 16, 2015, the Milton City Council adopted an emergency moratorium barring for 30 days the acceptance of applications for land disturbance permits for property in the R-1, R-2, R-2A, R-3, R-3A, R-4A, T-2 and AG-1 zoning districts until such time as a longer moratorium could be considered by the City Council after a public hea ring meeting the standards of Georgia’s Zoning Procedures Law, O.C.G.A. § 36-66-1, et seq. (“ZPL”); and WHEREAS, on April 13, 2015, following a public hearing, the City adopted a moratorium barring for 90 days the acceptance of applications for conceptual plan approval and land disturbance permits for 1.0 acre or more of disturbance for residential development on property in the R-1, R-2, R-2A, R-3, R-3A, R-4, R-4A, T-2, and AG-1 zoning districts (the “current moratorium”); and WHEREAS, on July 6, 2015, after publication of legal notice in compliance with Georgia’s ZPL, the City conducted a public hearing on the extension for 90 days of the current moratorium barring the acceptance of applications for conceptual plan approval and land disturbance permits for 1.0 acre or more of disturbance for residential development on property in the R-1, R-2, T-2, and AG-1 zoning districts while the City further considers the adoption of an amendment to the City’s subdivision ordinance to add a new conservation subdivision ordinance that will more concisely capture the vision of the City of Milton with respect to the preservation of conservation area, open space, and rural, agricultural land use; WHEREAS, the City finds that a 90-day extension of the current moratorium barring the acceptance of applications for conceptual plan approval and land disturbance permits for 1.0 acre or more of disturbance for residential development on property in the R-1, R-2, T-2, and AG-1 zoning districts to be reasonably necessary, the least restrictive means available, a reasonable exercise of the City’s police power, and in the best interests of the public health, safety, and welfare; and NOW, THEREFORE IT IS HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF MILTON, GEORGIA that: 1. The City does hereby extend for an additional 90 days (until October 10, 2015) the current moratorium barring the acceptance of applications for conceptual plan approval and land disturbance permits for 1.0 acre or more of disturbance for residential development on property in the R-1, R-2, T-2 and AG-1 zoning districts in order to consider amendment of the subdivision ordinance to add a conservation subdivision ordinance. 2. The moratorium imposed by this Resolution shall terminate on the earliest date of (1) October 10, 2015; (2) approval by the City Council of an additional moratorium after a public hearing; or (3) the adoption of an amendment of the subdivision ordinance to add a conservation subdivision ordinance. 3. The City Council reserves the right to remove or modify the elements of this moratorium by official action at any duly advertised Council meeting; 3 4. The moratorium imposed herein does not limit the ability of property owners to continue developing their R-1, R-2, T-2 and AG-1 land where a land disturbance permit has already been issued, remains active and in effect, and does not lapse prior to completion of any improvements authorized by the land disturbance permit. The moratorium also shall not prevent the application for or issuance of land disturbance permits for any non-residential development on any property. This Resolution shall be effective upon a majority vote by the City Council as ratified by the Mayor of the City of Milton, Georgia. SO RESOLVED, the public’s health, safety, and welfare demanding it, this 6th day of July, 2015. _____________________________ Joe Lockwood, Mayor Attest: ______________________________ Sudie AM Gordon, City Clerk .ri HOME OF ' M I'LT(,) N ESTAMJS1iF1� 200E CITY COUNCIL AGENDA ITEM TO: City Council DATE: June 24, 2015 FROM: City Manager AGENDA ITEM: Consideration of a Resolution Appointing a Member to the City of Milton Design Review Board for District 3/Post 1. MEETING DATE: Monday, July 6, 2015 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 VNO CITY ATTORNEY REVIEW REQUIRED: O YES 60 APPROVAL BY CITY ATTORNEY () APPROVED () NOT APPROVED PLACED ON AGENDA FOR: b`76b l S REMARKS ® YOU PHONE: 678.242,2500 1 FAX: 678.242.2499 Green'.a ;c�,tisw; g info@cityofmilfonga.us www.cityofmiltonga.�s n iu7i.iFE Community I E&�g 13000 Deerfield Parkway, Suite 107 I Milton GA 30004 �"''04" STATE OF GEORGIA COUNTY OF FULTON RESOLUTION NO. A RESOLUTION APPOINTING A MEMBER TO THE CITY OF MILTON BOARD OF ZONING APPEALS FOR DISTRICT 3/POST 1. BE IT RESOLVED by the City Council of the City of Milton, Georgia while in regular session on July 6, 2015 at 6:00 pm. as follows: SECTION 1. That _______________ (District 3/Post 1) is hereby appointed for a term commencing July 6, 2015 and ending on December 31, 2017 and, SECTION 2. That this Resolution shall become effective upon its adoption. RESOLVED this 6th day of July 2015. Approved: ____________________________ Joe Lockwood, Mayor Attest: ___________________________ (Seal) Sudie AM Gordon, City Clerk HOME OF ` M-ILTO N ESTA B[ ISHFD 2000 CITY COUNCIL AGENDA ITEM TO: City Council DATE: July 2, 2015 FROM: City Manager AGENDA ITEM: Consideration of a Professional Probation Services Agreement Between Chief Judge Brian Hansford, in his Official Capacity as the Chief Judge of the Milton Municipal Court and Integrity Supervision Services, LLC as a Private Probation Provider by the City of Milton as the Governing Authority. MEETING DATE: Monday, July 6, 2015 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER:V�APPROVED () NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED. YES () NO CITY ATTORNEY REVIEW REQUIRED: YES () NO APPROVAL BY CITY ATTORNEY APPROVED () NOT APPROVED PLACED ON AGENDA FOR: b t REMARKS ©*Your *** PHONE: 678.242,2500 j FAX: 678,242.2499 Green *c��,n i* roPioo info@cityofmiltonga.us i www.cityofmiltonga.us ��®© Community g F,h;L,r wt 13000 Deerfield Parkway, Suite 107 Millon GA 30004 """'" '';a�`'� Page 1 PROFESSIONAL PROBATION SERVICES AGREEMENT This Agreement is made as of the , (hereinafter referred to as the “execution date”), by and between Chief Judge Brian Hansford, in his official capacity as the Chief Judge of the Milton Municipal Court, with an address of 13000 Deerfield Parkway, Suite 107E, Milton, GA 30004 (hereinafter called “Court”); and INTEGRITY SUPERVISION SERVICES, LLC., located at 4514 Chamblee Dunwoody Rd, Suite 446, Dunwoody, GA 30338, organized and existing under the laws of the State of Georgia (hereinafter called “Contractor”). Subject to the provisions of O.C.G.A. § 42-8-100, et seq., the Court with the approval of the City of Milton Governing Authority is authorized to enter into this agreement to provide comprehensive professional probation services for the Court. The term “approval of the City of Milton Governing Authority” means official action taken by the City of Milton Governing Authority. WITNESSETH: That for and in consideration of the mutual covenants and agreements herein set forth, the parties hereby agree as follows: ARTICLE I. AGREEMENT TIME Pursuant to O.C.G.A § 36-60-13, this Agreement shall commence immediately upon the execution date. This Agreement shall: (i) terminate without further obligation on the part of the Court or the City of Milton Governing Authority, each and every December 31st , as required by O.C.G.A. § 36-60-13, as amended, unless terminated earlier in accordance with the termination provisions of this Agreement; (ii) automatically renew on each January 1st , unless terminated in accordance with the termination provisions of this Agreement. ARTICLE II. RESPONSIBILITIES OF CONTRACTOR 1. Responsibilities of Probation Services Contractor. 1.1. Compliance with Statutes and Rules. Contractor shall comply with all applicable law, including but not limited to O.C.G.A. § 42-8-100. et seq. and Ga. Comp. R. & Regs. 503-1-.01 et seq. and all standards, rules and regulations promulgated by the Court and the Municipal Probation Advisory Council. 1.2. Records and Confidentiality. Contractor shall create and maintain individual files for each probationer receiving services from Contractor in accordance with this Agreement. Contractor shall maintain the security and confidentiality of all files, records and papers relative to supervision of probationers under this Agreement. These records, files and papers shall be available only to the judge of the court handling the case, officers or employees of the City of Page 2 Milton, Georgia, if approved by the Chief Judge, the Department of Audits and Accounts, the Municipal Probation Advisory Council, and upon transfer of probation supervision to the State, to the Georgia Department of Corrections. 1.3. Officer Qualifications and Training. Contractor shall employ competent and able personnel to provide the services to be rendered hereunder and to appropriately administer assigned caseloads. All probation officers shall be a least twenty-one (21) years of age and have the educational qualifications as required by O.C.G.A. § 42-8-102. All probation officers shall also comply with the orientation and continuing education training required per annum by state law. No person who has been convicted of a felony will be employed by Contractor as a probation officer. 1.4. Criminal History Check. Contractor shall have a criminal history records check made of all probation officers and certify the results to the Court and Municipal Probation Advisory Council. 1.5. Officer per Probationer Ratio. Contractor shall manage caseload limits so as not to exceed 300 active probationers per probation officer. 2. Reports to Court. Contractor shall provide written monthly reports listing the services rendered and provide such other reports as may be requested by the Court. These shall include: statistical reports, caseload data, and other records documenting the identity of each probationer, the status of each probationer's case, the services provided, the monies collected, and all data required by O.C.G.A. § 42-8-103. Monthly reports will be delivered to the Court on or before the 3rd day of the following month. Contractor shall provide personal history, employment data, and location information to the Court and law enforcement as necessary to track probation violators. The original financial reports must be submitted to: City of Milton Municipal Court 13000 Deerfield Parkway Suite 107E Milton, GA 30004 3. Tender of Collections. Contractor shall tender to the Clerk of the Court a report on collections and all fines, fees, and costs collected during the month from probationers by the 3rd day of the following month. Restitution shall be paid to the victim by the 3rd day of the month following collection unless the Court orders payment to the Clerk of Court, and then it shall be paid as such other collections are paid to the Clerk. In the event Contractor cannot locate the victim, payment shall be made to the Clerk of Court. Contractor shall credit payments of funds in the following order of priority: 1) funds paid by the probationer for restitution; 2) courts costs and surcharges; 3) fines; 4) program costs; 5) drug and alcohol screening test fees; and 6) probation fees. Contractor shall not retain or profit from any fines, restitution, fees or costs collected from probationers except Contractor shall be entitled to keep the probation fees authorized by this Agreement. Page 3 4. Access to Contractor Records. 4.1. Access to Records. Upon twenty-four (24) hours written notice Contractor shall provide to the Court access to all books, records, correspondences, receipts, vouchers, memoranda, and financial information pertaining to the services rendered under this Agreement for any purpose including but not limited to conducting or reviewing a complete fiscal or program audit for any fiscal or calendar year. 4.2. Fiscal Audit. Contractor shall employ an independent auditor to annually audit its records and books pertaining to the services rendered to the Court. A written copy of this audit shall be provided to the Court within two (2) months of the close of the year audited. 4.3. Good Business Practices. Contractor shall not engage in any other employment, business or activity that interferes or conflicts with the duties and responsibilities under this Agreement and shall not allow its employees to do so. Furthermore, neither Contractor nor any of its officers, employees or agents shall lend any monies nor have personal business dealings with a probationer under the supervision of Contractor. Additionally, Contractor will abide by O.G.C.A. § 42-8-104(c)(1) which states: No private corporation, private enterprise, or private agency contracting to provide probation services under the provisions of this article nor any employees of such entities, shall own, operate, have any financial interest in, be an instructor at, or be employed by any private entity which provides drug or alcohol education services or offers a DUI Alcohol or Drug Use Risk Reduction Program certified by the Department of Driver Services. 4.4. Financial Records. Contractor shall maintain financial records according to generally accepted accounting practices. 5. Scope of Services to Probationers by Contractor 5.1. In this Section 5, the term "Court" shall include the Chief Judge and all other appointed or assigned Judges presiding over matters in the City of Milton Municipal Court. 5.2. Court Attendance and Probationer Case History. As required by the Court, the Contractor shall have a probation officer attend and interview each probationer to complete a case and personal history and to provide orientation and instruction regarding compliance with the Court's ordered conditions of probation. At orientation, the probation officer shall provide a list of all service fees to the probationer as described in the Service Cost Description, Attachment 1, attached hereto and incorporated by reference. 5.3. Supervision. Contractor shall monitor and supervise offenders to ensure compliance with the Court’s Sentence Form. Contractor shall provide comprehensive probation and supervision management for Court offenders through supervision by certified probation officers and aides as mandated by the Sentencing Form. These services will include maintaining case files that record Page 4 each offender’s case management, fine, fee and civil payment collections as well as referral to local facilities for any Court Ordered Programs. 5.4. Indigent Probationers. Probationers determined by federal guidelines to be indigent shall be supervised at no cost to the probationer, the Court, or the City of Milton, Georgia. Indigence is to be determined by the Court and is subject to periodic review. 5.5. Alternative sentencing programs. Contractor shall assist with the Pre-Trial Diversion Program, Code Enforcement Compliance Cases, and any Civil Payment Arrangement Plans that are administered through the Court. Additionally, Contractor shall engage in future participation in other alternative court as requested from the Court. Contractor shall design sentencing forms for the Court’s approval. The information on the Sentencing Form shall include but not be limited to the offender’s name, address, charge, conviction date, payment schedule and any of the terms, conditions and length of the sentence. 5.6. Restitution, Fine and Fee Collection. Contractor shall collect restitution, fines, court costs and fees, program fees, and probation fees as ordered by the Court. Contractor shall provide an itemized bill, prepared in accordance with accepted accounting practices, for each month for each probationer. 5.7. Reporting Options. Contractor will allow for offenders to report in person, through mail, email, by phone or via video conferencing as available. 5.8. Payment Options. Contractor shall allow offenders to make fine and fee payments in person, mail or through an online payment system as available. Cash, money order, debit card and credit card payments will be accepted. Contractor shall be able to interface with the Court’s payment provider, at no cost to the City or Court. 5.9. Community Service. As ordered by the Court, Contractor shall coordinate, monitor, and ensure compliance with community service by each probationer. Contractor will maintain records of community service participation. 5.10. Court Ordered Programs. Contractor shall provide referral to any Court Ordered Programs as ordered by the Court and develop time based deadlines based on the length of the sentence with the Court. Contractor will abide by O.C.G.A § 42-8-104(c)(1) which states: No private corporation, private enterprise, or private agency contracting to provide probation services under the provisions of this article nor any employees of such entities, shall own, operate, have any financial interest in, be an instructor at, or be employed by any private entity which provides drug or alcohol education services or offers a DUI Alcohol or Drug Use Risk Reduction Program certified by the Department of Driver Services. 5.11. Compliant vs. Non-Compliant Procedures. Contractor shall work with Court to develop written supervision standards that explain reporting requirements for compliant and non-compliant probationers. Standards will detail the violations that will results in increased reporting Page 5 requirements and the compliance that will result in decreased reporting. Standards will detail the type of actions that will be taken for probationers who fail to report, are under financial non- compliance, test positive on a drug screen or are non-compliant with completing any court ordered programs. 5.12. Employment Assistance. Contractor shall prepare referrals and lend reasonable assistance to probationers either to the extent ordered by the Court, or to the extent available for probationers desiring employment assistance, or counseling. 5.13. Drug/Alcohol Screening. Contractor shall coordinate with local authorities and facilities, for evaluation and assessment of probationers for drug/alcohol rehabilitation, mental health or psychological counseling, or educational programs mandated by the Court and shall require probationer's compliance. As determined necessary by the Court, Contractor shall conduct drug and alcohol screens. The probationer shall be responsible for the costs of all drug or alcohol screens and testing. Contractor will consult with the Court and establishing guidelines for proceeding with administrative actions. 5.14. Electronic Monitoring. Contractor, when so ordered by the Court, shall provide and operate a system of electronic home detention monitoring for probationers. 5.15. Probation Revocations Reports. Contractor shall provide timely implementation of revocation proceedings whenever the probationer has failed to substantially comply with the terms and conditions of probation. The Court shall provide the Contractor with direction concerning what constitutes a substantial failure to comply with probation terms and conditions. Contractor shall prepare probation violation on warrants and orders for submission to the Court. Contractor shall have probation officers available to testify at probation revocation hearings, sentencing hearings and such other hearings as deemed reasonable and necessary by the Court. Minor violations of probation, although not cause for revocation, shall be included in the regular reports made to the Court under this Agreement. The Court shall provide Contractor direction as to what curative measures should be taken in the case of minor violations. 5.16. Pre-sentence Investigations. When directed by the Court, Contractor shall conduct pre-sentence investigations. A written report shall be prepared and delivered to the Court. A pre-sentence investigation shall include: 1) a report on the circumstances of the offense; 2) a social and family background examination; 3) a criminal history check through Georgia Crime Information Center and the National Crime Information Center, and 4) a report of current circumstances and conditions of the probationer. ARTICLE III. OBLIGATIONS OF THE COURT OR THE CITY Page 6 1. Payment for Contractor Services. 1.1. Basic Services. For the basic services performed, no payment will be made to the Contractor by the Court or the City. At no charge to the Court or the City, the Contractor will collect a probation fee, in addition to the court-ordered fines, court costs and restitution from all probationers who enter into the Court's probationary and alternative sentencing programs. The Contractor will remit to the Court all monies collected from probationers for court-ordered fines, court costs and restitution. The Contractor will retain only the probation and alternative sentencing fees as indicated in Attachment 1. In addition, Contractor agrees to never collect monthly probation fees in advance. 1.2. Priority of Payment. Payments on account of said fee for basic services shall be made payable as follows: all court-ordered fines and court costs, probation fees and restitution shall be collected from probationers in accordance with orders issued by the Court. All funds will be collected from probationers on a monthly payment schedule. A monthly report shall be provided to the Court that itemizes all fines according to case. 1.3. Division of Fees. When probationers pay their fines, costs and/or restitution and fees in full, an individual status report will be provided to the Court enabling the Court to remit surcharge amounts to other authorities for amounts collected. Any payments that are less than the amount due are divided in half between the monies due to the court-ordered obligation, including court- ordered-fine, court costs and/or restitution and the other half due to probation fees. If at such time an account is determined to be uncollectible, in whole or in part, the Contractor will disburse all collected funds as ordered by the Court. To ensure that the Court receives the monies due, at no time shall less than fifty percent (50%) of any payment go towards the court-ordered fines, court costs and/or restitution. 1.4. Victims Compensation Fund (VCF) Payments. Contractor shall remit all payments for the VCF, on a monthly basis, directly to the Criminal Justice Coordinating Council. 1.5. Fee Schedule. The Contractor's proposed fee schedule is described in Attachment 1. In case of termination of the Agreement before the completion of all work, the Contractor will retain only monies for probation fees collected as of the effective date of termination. 2. Access to Criminal Histories. The Court shall assist Contractor in obtaining access to criminal histories in the Georgia Crime Information Center and National Crime Information Center through local law enforcement in order for Contractor to conduct pre-sentence or probationer investigations, as may be requested by the Court. 3. Notice of Court Sessions. The Court shall provide Contractor three (3) days advance notice of all court sessions that Contractor is required to attend. Notice for purposes of this provision may be given by mail, email, fax or telephone. 4. Court Facilities. The Court shall provide to Contractor an area, as available, to conduct initial interviews and orientation with the probationer on the day of sentencing. Page 7 ARTICLE IV. GENERAL CONDITIONS 1. Accuracy of Work. The Contractor shall be responsible for the accuracy of the work and any error and/or omission made by the Contractor in any phase of the work under this Agreement. 2. Additional Work. If the Contractor is asked by the Court to perform services beyond the scope of this Agreement for which payment is desired, it shall notify the Court in writing, state that the service is considered outside the basic scope of work of this Agreement, give a proposed cost for the additional services, and obtain the approval in writing from the Court prior to performing the additional service for which it is to be paid. The Court shall in no way be held liable for any work performed under this section which has not been pre-approved in writing. 3. Ownership of Documents. All documents and data are and remain the property of the Court. The Contractor agrees that the Court may reuse any and all data or documents described herein in its sole discretion without first obtaining permission of the Contractor and without any payment of any monies to the Contractor therefore. 4. Termination. 4.1. The Court, with the approval of the City of Milton Governing Authority, may unilaterally terminate this Agreement, in whole or in part, for convenience, or because of failure of the Contractor to fulfill the obligations of this Agreement in any respect. The Court shall terminate by delivering to the Contractor with at least thirty (30) days notice, a Notice of Termination specifying the nature, extent, and effective date of termination, at the addresses indicated herein. 4.2. The Court, with the approval of the City of Milton Governing Authority, may terminate this Agreement immediately for cause, including without limitation a material breach of this Agreement, insolvency of Contractor, or Contractor's filing of a voluntary or involuntary case in bankruptcy. 4.3. If the Contractor can establish or it is otherwise determined that the Contractor was not in default or that the failure to perform is excusable, a termination for cause will be considered to have been a termination for the convenience and the rights and obligations of the parties will be governed accordingly. 4.4. At the end of business day of the last working day of the contract, the Contractor shall peacefully surrender to the Court all records and documents, and any equipment, or supplies assigned to Contractor by the Court. Contractor shall turn over to the Clerk of Court any moneys collected or received less supervision fees validly incurred and duly owing to Contractor through the effective date of termination. Any fines, costs, fees or restitution received by Contractor from probationers of the Court after termination of this Agreement shall be forwarded to the Clerk of Court, other than probation fees earned by Contractor prior to the effective date of termination. The Court shall provide Contractor a receipt for all property surrendered under this provision. Page 8 4.5. Contractor may terminate this Agreement by delivering to the court with at least ninety (90) days notice, Notice of Termination, specifying the nature, extent and effective date of termination at the address indicated herein. 5. Notice. Any notice or consent required to be given by or on behalf of any party hereto to any other party shall be in writing and shall be sent by (a) registered of certified United States mail, return receipt requested, postage prepaid; (b) personal delivery to the Court, (c) overnight courier service, or (d) delivered in person to the Contractor or its authorized representative. All notices sent to the addresses listed below shall be binding unless said address is changed in writing no less than two weeks before such notice is sent. Future changes in address shall be effective upon written notice given by the Contractor to the Court via certified first class U.S. mail, return receipt requested. Such notices will be addressed as follows: Contractor: Court: Attn: Mario Gonzales, President Attn: Brian Hansford, Chief Judge Integrity Supervision Services, LLC Milton, Georgia 4515 Chamblee Dunwoody Rd Municipal Court Suite 446 13000 Deerfield Parkway Suite 107E Dunwoody, GA 30338 Milton, GA 30004 Phone: 404-723-8146 Phone: Email:mgonzales@integritysupervision.com Fax: Email: 6. Corporate Authority. Contractor agrees to execute the Certificate of Corporate Authority attached hereto as Attachment 2, and incorporated by reference, to certify that the officials of the Contractor executing this Agreement are duly and properly in office and are fully authorized and empowered to execute the same for and on behalf of the Contractor. (1) Contractor has all requisite power and authority to enter into and perform its obligations under this Agreement. (2) The execution and delivery by the Contractor of this Agreement and the compliance by the Contractor with all of the provisions of this Agreement: (i) is within the purposes, powers, and authority of the Contractor, (ii) has been done in full compliance with applicable law and has been approved by the governing body of the Contractor and is legal and will not conflict with or constitute on the part of the Contractor a violation of or a breach of or a default under any indenture, mortgage, security deed, pledge, note, lease, loan, or installment sale agreement, contract, or other agreement or instrument to which the Contractor is a party or by which the Contractor is otherwise subject or bound, or any license, judgment, decree, law, statute, order, writ, injunction, demand, rule, or regulation of any court or governmental agency or body having jurisdiction over the Contractor, and (iii) has been duly authorized by all necessary action on the part of the Contractor. (3) This Agreement is the valid, legal, binding and enforceable obligation of the Contractor. 7. Independent Contractor Status and Contractor's Personnel. The Contractor will supervise and direct the services required by this agreement. The Contractor shall, at all times, maintain discipline Page 9 and good order among its employees, and shall not employ any unskilled or unfit person or persons. The Contractor is an independent contractor. Other than the consideration set forth herein, the Contractor, its officers, agents, servants, employees and any Subcontractors shall not be entitled to any Court or county employee benefits including, but not limited to social security, insurance, paid annual leave, sick leave, worker's compensation, free parking or retirement benefits. All services provided by Contractor shall be by employees of Contractor and subject to supervision by Contractor and not as officers or employees of the Court or the City. Personnel policies, tax responsibilities, social security payments, health insurance, employee benefits and other administrative policies, procedures or requirements applicable to services rendered under this Agreement shall be those of the Contractor, and not the Court, nor the City. The Court reserves the right, at its sole discretion and for its convenience, to refuse the admissions of any individual assigned to the Court by the Contractor. Further, the Court shall be informed of the identity of the staff assigned by responder and any subsequent changes to the personnel and/or assignments, including but not limited to confirming the completion of or allowing the City to conduct background checks, notifying the City of any employee’s suspension, demotion and/or termination. 8. Indemnification and Hold Harmless. 8.1. The Contractor shall be responsible from the time of signing the Agreement, or from the time of the beginning of the first work, whichever shall be the earlier, for all injury or damage of any kind resulting from the Contractor's services provided pursuant to this Agreement, to persons or property, including employees and property of the Court and the City. The Contractor shall exonerate, indemnify, and save harmless the Court, the City, its elected officials, appointed officials, officers, employees, agents, and servants, including the Milton Court Judges, and any officials, officers, employees, agents or servants assigned to or employed by the City of Milton Municipal Court, collectively referred to in this section of this Agreement as "the City and its employees and officers," from and against all claims or actions, and all expenses incidental to the defense of any such claims, litigation, and actions, based upon or arising out of damage or injury (including death) to persons or property caused by or sustained in connection with the performance of this Agreement or by conditions created thereby or arising out of or any way connected with the Contractor's services performed under this Agreement and shall assume and pay for, without cost to the City and its employees and officers, the defense of any and all claims, litigation, and actions suffered through any act or omission of the Contractor, or any subcontractor, or anyone directly or indirectly employed by or under the supervision of any of them. 8.2. The Contractor shall assume responsibility and liability for any damage, loss, or injury, including death, of any kind or nature whatever to person or property, resulting from any kind of claim made by Contractor's employees, agents, vendors, suppliers or subcontractors caused by or resulting from the performance of services under this Agreement, or caused by or resulting from any error, omission, or the negligent or intentional act of the Contractor, vendors, suppliers, or subcontractors, or any of their officers, agents, servants, or employees. The Contractor shall defend, indemnify, and hold harmless the City and its employees and officers from and against Page 10 any and all claims, loss, damage, charge, or expense to which they or any of them may be put or subjected by reason of any such damage, loss, or injury. 8.3. The Contractor expressly agrees to provide a full and complete defense against any claims brought or actions filed against the City and its employees and officers, where such claim or action involves, in whole or in part, the subject of the indemnity contained in this Agreement, whether such claims or actions are rightfully or wrongfully brought or filed. The City and its employees and officers have the sole discretion to choose the counsel who will provide the defense. 8.4. No provision of this Agreement and nothing herein shall be construed as creating any individual or personal liability on the part of any Judge of the Milton Municipal Court, any elected official, appointed official, officer, employee, agent or servant of the Milton Municipal Court or the City, nor shall the Agreement be construed as giving any rights or benefits hereunder to anyone other than the parties to this Agreement. 8.5. The parties agree that Contractor shall be liable for all fines or civil penalties, which may be imposed by any local, federal or state department or regulatory agency that are a result of Contractor's performance of the services under this Agreement. Contractor shall pay the costs of contesting any such fines. 9. Laws and Regulations. The Contractor's attention is directed to the fact that all applicable federal, state, and County laws, municipal ordinances, and, the rules and regulations of all authorities having jurisdiction over the services provided by the Contractor shall apply to the Agreement throughout, and they will be deemed to be included in the Agreement the same as though herein written out in full. The Contractor shall keep itself fully informed of all laws, ordinances, and regulations in any manner affecting these services to be provided by the Contractor and of all order and decrees of the Court or other bodies or tribunals having any jurisdiction or authority over same. If any discrepancy or inconsistency should be discovered in this Agreement in relation to any such law, regulation, ordinance, order, or decree, it shall herewith report the same, in writing, to the Court. Contractor shall at all times observe and comply with all such laws, ordinances, and regulations. Contractor shall not discriminate against any person in its operations, activities or performance of services under this Agreement. Contractor shall affirmatively comply with all applicable provisions of federal, state and local equal employment laws and shall not engage in or commit any discriminatory practice against any person based on race, age, religion, color, gender, national origin, physical or mental disability, or political affiliation. Contractor shall maintain a Drug Free Workplace. 10. Permits and Licenses. Prior to execution of this Agreement, Contractor shall provide the Court with copies of all required licenses, certifications and permits for the Contractor and/or all of Contractor's employees, personnel, agents or subcontractors performing services that require licensure by the federal government, the State of Georgia, or the City. Contractor hereby warrants and represents that at all times during the contract term it shall maintain in good standing all required licenses, Page 11 certifications, and permits required under federal, state and local laws necessary to perform the services required by this Agreement. 11. Foreign Corporations. In the event the Contractor is a foreign corporation, partnership, or sole proprietorship, the Contractor hereby irrevocably appoints the Georgia Secretary of State as its agent for service of all legal process for the purposes of this Agreement only. 12. Insurance and Bonding. The Contractor shall furnish the following along with this Agreement: 12.1. Certificates of Insurance in companies doing business in Georgia and acceptable to the Court covering: 12.1.1. Statutory Workers' Compensation Insurance, or proof that Contractor is not required to provide such coverage under State law; 12.1.2. Professional Liability Insurance on the Contractor's services in this Agreement with limit of $1,000,000.00; 12.1.3. Comprehensive General Liability Insurance covering all operations with combined single limit of $1,000,000.00. 12.1.4. Fidelity Bond coverage on the Contractor's services in this Agreement with limits of $25,000.00. 12.1.5. Umbrella or Excess Insurance is acceptable to meet the minimum limits whenever there is an insurer licensed to do business in Georgia which is providing at least the first $100,000.00 or primary coverage. 12.2. Certificates of insurance must be executed in accordance with the following provisions: 12.2.1. Certificates to contain policy number, policy limits, and policy expiration date of all policies issued in accordance with this Agreement; 12.2.2. Certificates to contain the location and operations to which the insurance applies; 12.2.3. Certificates to contain Contractor's protective coverage for any subcontractor's operations; 12.2.4. Certificates to contain Contractor's contractual liability insurance coverage; 12.2.5. Certificates are to be issued to: City of Milton Municipal Court Chief Judge, Municipal Court 13000 Deerfield Parkway Suite 107E Milton, GA 30004 12.3. The Contractor shall be wholly responsible for securing certificates of insurance coverage as set forth above from all subcontractors who are engaged in providing services pursuant to this Agreement. 12.4. The Contractor agrees to carry statutory Workers' Co mpensation insurance and to have all subcontractors likewise carry statutory Workers' Compensation insurance. Page 12 13. Georgia Laws Govern. This Agreement shall be governed by and construed and enforced in accordance with the laws of Georgia. 14. Time is of the Essence of this Agreement. This Agreement shall be governed by and construed and enforced in accordance with the laws of Georgia. 15. Federal Work Authorization. 15.1. Pursuant to O.C.G.A. §13-10-91 and Georgia Department of Labor Rule 300-10-1- .02, the Contractor and its subcontractors shall register and participate in the Federal Work Authorization Program to verify the information of all new employees. 15.2. Contractor certifies that it has complied and will continue to comply with O.C.G.A. §13-l 0-91 and Georgia Department of Labor Rule 300-10-1-.02. 15.3. Contractor agrees to sign an affidavit evidencing its compliance with O.C.G.A. §13-10-91 and Georgia Department of Labor Rule 300-10-1-.02. 15.4. Subject to written approval to subcontract theses services, the Contractor agrees that in the event that it employs or contracts with any subcontractor(s) in connection with this Agreement, Contractor will secure an affidavit that certifies the subcontractor's current and continuing compliance with O.C.G.A. § 13-10-91 and Georgia Department of Labor Rule 300-10-1-.02. All the relevant contractor, subcontractor, and affidavit forms are included as Attachments 3 and 4 attached hereto and incorporated herein by reference. 16. Venue. The law of the State of Georgia shall govern the construction of this Agreement. The courts of Fulton County, Georgia shall have exclusive jurisdiction to try disputes arising under or by virtue of this Agreement. 17. Assignment. The Court has entered into this Agreement in part on the basis of personal reliance in the integrity and qualifications of the staff of Contractor. Contractor may not delegate, assign or subcontract any obligation of the Contractor's performance under the Agreement and may not assign any right under this Agreement, in either case without the Court's written approval. The Court's discretion in this regard will not be unreasonably withheld. 18. Severability. If any provision of this Agreement or the application thereof to any person or circumstance shall to any extent be held invalid, then the remainder of this Agreement or the application of such provision to persons or circumstances other than those as to which it is held invalid shall not be affected thereby, and each provision of this Agreement shall be valid and enforced to the fullest extent permitted by law. 19. Judicial Interpretation. Should any provision of this Agreement require judicial interpretation, it is agreed that the court interpreting or construing the same shall not apply a presumption that the terms Page 13 hereof shall be more strictly construed against one party by reason of the rule of construction that a document is to be construed more strictly against the party who itself or through its agent prepared same, it being agreed that the agents of all parties have participated in the preparation hereof and all parties have had an adequate opportunity to consult with legal counsel. 20. Headings, Captions, and References. The section captions contained in this Agreement are for convenience only and do not in any way limit or amplify any term or provision hereof. The use of the terms "hereof," "hereunder" and "herein" shall refer to this Agreement as a whole, inclusive of the Attachments, except when noted otherwise. The use of the masculine or neuter genders herein shall include the masculine, feminine and neuter genders and the singular form shall include the plural when the context so requires. 21. Entire Agreement. This Agreement constitutes the sole Agreement between the Court and the Contractor. No representations oral or written not incorporated herein shall be binding on the parties. No amendment or modification of this Agreement shall be enforceable unless approved by the Court, with the approval of the City of Milton Governing Authority, if such approval is required by applicable law. Page 14 IN WITNESS WHEREOF, the parties hereto have executed this Agreement in four counterparts, each of which shall be deemed an original, and all such counterparts together shall constitute one and the same agreement. INTEGRITY SUPERVISION SERVICES, LLC CHIEF JUDGE, CITY OF MILTON MUNICIPAL COURT By: By: Mario L. Gonzales Brian Hansford, in his official capacity as President Chief Judge of Milton Municipal Court ATTEST: APPROVED AS TO FORM: Signature City Attorney Signature Name (Typed or Printed) Name (Typed or Printed) Title ADOPTED by the Milton City Council, this day of , 2015. Joe Lockwood Mayor, Milton, Georgia APPROVED by the City Manager of the City of Milton, Georgia this day of , 2015. Chris Lagerbloom City Manager, Milton, Georgia ATTEST: Clerk to the City Council Page 15 ATTACHMENT 1 Service Cost Description Services Fees Activities Pay Only Supervision $30.00 per month Minimum one per month visit with probationer accomplished by phone, mail, or in person. Supervision Contract $35.00 per month Supervise all conditions of probation, collection of fines, court cost, and restitution. Civil Payment Supervision $10.00 per month Minimum supervision accomplished by phone, mail with no office visits required Case Initiation Fee $10.00 one-time fee Fee is for input of data into online system, digital photo, address and phone verification. Pre-Trial Diversion Program Supervision No Cost Electronic Monitoring - Voice Tracking $4.00 per day Monitors curfew via voice recognition technology. Electronic Monitoring - Home Confinement (RF) $7.00 per day Monitors curfew only via Radio Frequency Technology. Electronic Monitoring- Remote Alcohol Testing $10.00 per day Monitors alcohol content via remote testing unit at probationer's home. Electronic Monitoring- Remote Alcohol and Home Confinement $10.00 per day Monitors alcohol content via remote testing unit at probationer's home and curfew Electronic Monitoring - Active GPS Tracking $12.00 per day Monitors curfew and allows instant position of probationer. Inclusion zones, exclusion zones, and victim notification. Substance Abuse Monitoring $15.00 per Drug Screen Confirmation costs included Community Service Work Coordination Included No Charge Community Service Work Coordination & Supervision Included No Charge Community Service Liability Insurance (optional) $20.00 for every 40 hours assigned Community service insurance is paid for by the probationer. If probationer gets hurt while performing community service, the policy covers up to $10,000.00 medical bills. No Supervision fees shall be charged if all conditions of the sentence are completed within the first two weeks of the sentence order. Page 16 Services Fees Activities My Values Workshop or Youthful Offenders Workshop or Shoplifting Workshop $65.00 One day (7 hour) program that focuses on the choices made by the probationer. Challenges beliefs and looks at the role of facts vs. opinions in relation to their beliefs. The probationers identify their strengths and their weaknesses, set realistic goals and develop a plan to achieve these goals. Families Making Families Program $25.00 per module Twelve (12) module program designed to teach positive parenting skill. Exercises include having probationers identify their values as parents and identifying the traits of a health family. Analyzing Anger Program $25.00 per module Eight (8) module program dealing with the issues of anger and probationer’s inappropriate responses to anger. Requires the probationers to examine their beliefs as they relate to anger. Triggers are identified. Probationer practices relaxation and time outs. Family Support/Life Obligations Program $25.00 per module Twelve (12) module program designed to teach positive parenting skills. Exercises include having probationers identify their values as parents and identifying the traits of a healthy family. Life Skills/Financial Management Workshop $65.00 One day (7 hour) program focusing on probationer’s wants versus their needs. Takes a look at where their money goes, discusses beliefs they have about money and has the participants set one year financial goals and a plan for achieving these goals. “Behind the Wheel” Safe Driving Course $65.00 One day (6 hour) program designed to assist offenders identify their dangerous driving habits. Focus of the course is to assist offenders with developing safe and more thoughtful driving habits through an interactive format. Page 17 ATTACHMENT 2 CERTIFICATE OF CORPORATE RESOLUTION I, , certify the following: That I am the President of Integrity Supervision Services, LLC (hereinafter referred to as the "corporation"), a corporation organized and incorporated to do business under the laws of the State of Georgia: That said corporation has authorized and directed , in his or her official capacity as of the corporation, to enter into and execute the: Professional probation services contract between the Chief Judge of the City of Milton Municipal Court and Integrity Supervision Services, LLC. IN WITNESS WHEREOF, I have set my hand and corporate seal; This the day of , 2015. Signature Title Page 18 ATTACHMENT 3 CONTRACTOR AFFIDAVIT AND AGREEMENT By executing this affidavit, the undersigned Contractor verifies its compliance with O.C.G.A. § 13-10-91, stating affirmatively that the individual, firm or corporation which is contracting with the Court, as approved by the City, a political subdivision of the State of Georgia. has registered with and is participating in a federal work authorization program * , [any of the electronic verification of work authorization programs operated by the United States Department of Homeland Security or any equivalent federal work authorization program operated by the United States Department of Homeland Security to verify information of newly hired employees. pursuant to the Immigration Reform and Control Act of 1986 (IRCA), P.L. 99-603], in accordance with the applicability provisions and deadlines established in O.C.G.A. § 13-10-91. The undersigned further agrees that, should it employ or contract with any subcontractor(s) in connection with the physical performance of services pursuant to this Agreement then the Contractor will secure from such subcontractor(s) similar verification of compliance with O.C.G.A. § 13-10-91 on the Subcontractor Affidavit provided in Rule 300-10-01-.08 or a substantially similar form. Contractor further agrees to maintain records of such compliance and provide a copy of each such verification to the Court or the City, at the time the subcontractor(s) is retained to perform such service. Employment Eligibility Verification Program (EEV)/ By: Authorized Officer or Agent Title Printed Name SUBSCRIBED AND SWORN BEFORE ME ON THIS THE DAY OF ,20 Notary Public My Commission Expires *As of the effective date of O.C.G.A. § 13-10-91, the applicable federal work authorization program is the “EEV/Basic Pilot Program” operated by the U.S. Citizenship and Immigration Services Bureau of the U.S. Department of Homeland Security, in conjunction with the Social Security Administration (SSA). Page 19 ATTACHMENT 4 O.C.G.A. § 50-36-1(e)(2) Affidavit Verifying Lawful Presence in the United States By executing this affidavit under oath, as an applicant for a(n) _______________________, as referenced in O.C.G.A. § 50-36-1, from the City of Milton, a municipal corporation of the State of Georgia, the undersigned applicant verifies one of the following with respect to my application for a public benefit: I am a United States citizen. I am a legal permanent resident of the United States. I am a qualified alien or non-immigrant under the Federal Immigration and Nationality Act with an alien number issued by the Department of Homeland Security or other federal immigration agency. My alien number issued by the Department of Homeland Security or other federal immigration agency is: ______________________________. The undersigned applicant also hereby verifies that he or she is 18 years of age or older and has provided at least one secure and verifiable document, as required by O.C.G.A. § 50-36-1(e)(1), with this affidavit. The secure and verifiable document provided with this affidavit can best be classified as: _______________________________________________________________________. In making the above representation under oath, I understand that any person who knowingly and willfully makes a false, fictitious, or fraudulent statement or representation in this affidavit shall be guilty of a violation of O.C.G.A. § 16-10-20, and face criminal penalties as allowed by such criminal statute. Executed in ____________________ (city), ___________________________(state). Signature of Applicant _________________________________________ Printed Name of Applicant and Title Subscribed and sworn to before me on this the day of , 20 . (Clerk/Notary Public) My commission expires: __________________