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HomeMy WebLinkAboutAgenda Packet CC - 04/11/2016 - City Council Meeting Agenda Packet Joe Lockwood, Mayor CITY COUNCIL Karen Thurman Matt Kunz Bill Lusk Burt Hewitt Joe Longoria Rick Mohrig CITY COUNCIL CHAMBERS City Hall, Suite 107E Monday, April 11, 2016 Regular Council Meeting Agenda 6:00 PM INVOCATION - Reverend Monsignor Peter J. Rau, Pastor St. Peter Chanel Catholic Church - Roswell, GA 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. 16-081) MILTON CITY COUNCIL REGULAR COUNCIL MEETING APRIL 11, 2016 Page 2 of 4 Persons needing special accommodations in order to participate in any City meeting should call 678-242-2500. 4) PUBLIC COMMENT 5) CONSENT AGENDA 1. Approval of the March 14, 2016 City Council Work Session Meeting Minutes. (Agenda Item No. 16-082) (Sudie Gordon, City Clerk) 2. Approval of a Construction Services Agreement between the City of Milton and Delta T Corporation for the Installation of a Commercial Ceiling Fan at the Broadwell Pavilion. (Agenda Item No. 16-083) (Carter Lucas, Assistant City Manager ) 3. Approval of an Amendment to the MOU for TSPLOST Consultant Services between the Cities of Sandy Springs, Alpharetta, Johns Creek, Milton and Roswell, Georgia. (Agenda Item No. 16-084) (Carter Lucas, Assistant City Manager) 4. Approval of a Construction Services Agreement between the City of Milton and Garland/DBS, Inc. for Fire Station Roof Repairs at Fire Stations 41 and 43. (Agenda Item No. 16-085) (Robert Edgar, Fire Chief) 6) REPORTS AND PRESENTATIONS 1. Proclamation Recognizing National Library Week. (Presented by Councilmember Bill Lusk) 2. Proclamation – Support of Extension of the Special One Percent Sales Tax for Educational Purposes. (Presented by Mayor Joe Lockwood) 3. Presentation of the Comprehensive Transportation Master Plan. (Carter Lucas, Assistant City Manager) MILTON CITY COUNCIL REGULAR COUNCIL MEETING APRIL 11, 2016 Page 3 of 4 Persons needing special accommodations in order to participate in any City meeting should call 678-242-2500. 7) FIRST PRESENTATION 1. Consideration of RZ16-02/VC16-01 – 745 Ebenezer Road by Brightwater Homes, LLC To Rezone from AG-1 (Agricultural) to CUP (Community Unit Plan) to develop 50 Single Family Homes on 63.57 Acres at an Overall Density of 0.79 Units per Acre and a Concurrent Variance to Increase the Maximum Lot Coverage from 20 Percent to 50 Percent for Each Individual Lot [Sec. 64-1141(d)(1)(b)]. (Agenda Item No. 16-086) (Kathleen Field, Community Development Director) 2. Consideration of V16-003 – The Reserve at Providence, Providence Road, the Providence Group of Georgia Custom Homes , LLC to Reduce the Front Setback from 60 feet to 20 feet, on lots 1-10, 18-23,30 and 34-36. (Sec. 64-416.b) and to Increase the Height Limitation by 5 Feet on Lots 5-9, 19, 20, 34 and 35 (Section 64.1141.c.1). (Agenda Item No. 16-087) (Kathleen Field, Community Development Director) 8) PUBLIC HEARING (None) 9) ZONING AGENDA (None) 10) UNFINISHED BUSINESS (None) 11) NEW BUSINESS 1. Consideration of A Resolution of the City of Milton, Georgia Enacting An Emergency Moratorium for 30 Days to Bar the Acceptance of Applications for Permits Authorizing the Use of Community Sewerage Disposal Systems. (Agenda Item No. 16-088) (Ken Jarrard, City Attorney) MILTON CITY COUNCIL REGULAR COUNCIL MEETING APRIL 11, 2016 Page 4 of 4 Persons needing special accommodations in order to participate in any City meeting should call 678-242-2500. 2. Consideration of an Ordinance Issuing a Conditional Use Permit to T- Mobile South, LLC for the Construction of a 150-foot Tall Monopine Tower Accompanied by a Four (4) Foot Lightning Rod and a 50’by 50’ Fenced Equipment Compound at 14495 Hopewell Road, Milton Georgia as Required by the Judgment of Federal District Court Dated March 15, 2016 in T-Mobile South, LLC v. City of Milton, Civ. Act. No. 10-cv-01638-RWS. (Agenda Item No. 16-089) (Ken Jarrard, City Attorney) 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. 16-090) The minutes were provided electronically TO: FROM: HOME OF ` -y lip ESTABLISHED 2000 CITY COUNCIL AGENDA ITEM City Council DATE: March 30, 2016 Steven Krokoff, Interim City Manager AGENDA ITEM: Approval of a Construction Services Agreement between the City of Milton and Delta T Corporation for the Installation of a Commercial Ceiling Fan at the Broadwell Pavilion. MEETING DATE: Monday, April 11, 2016 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (,)'APPROVED CITY ATTORNEY APPROVAL REQUIRED: (,AYES CITY ATTORNEY REVIEW REQUIRED: QVYES APPROVAL BY CITY ATTORNEY VIAPPROVED PLACED ON AGENDA FOR: ay III Zolfo REMARKS (J NOT APPROVED (J NO (J NO (J NOT APPROVED 0 Youj �4 PHONE: 678.242.25001 FAX: 678.242.2499 °'Green V *Certified* i°P�uo info@cityofmiltonga.us I www.cityofmiltonga.us a u ' Community xi E�h,- ' 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 To: Honorable Mayor and City Council Members From: Carter Lucas, PE - Public Works Director Date: Submitted on March 30th, 2016 for the April 11th, 2016 Regular Council Meeting Agenda Item: Approval of a Construction Services Agreement between the City of Milton and Delta T Corporation for the Installation of a Commercial Ceiling Fan at the Broadwell Pavilion ______________________________________________________________________________ Department Recommendation: Approval. Executive Summary: This project is to install an 8 foot diameter, commercial grade, high volume, low speed outdoor ceiling fan and associated electrical work at the Broadwell Pavilion. In accordance with the city’s purchasing policy three bids were obtained for this work and Delta T Corporation was the low bid. Staff is recommending approval of this contract in the amount of $6,130. Funding and Fiscal Impact: Funding is available for this project Alternatives: There are no alternatives. Legal Review: Sam VanVolkenburgh – Jarrard & Davis (02-23-16) Concurrent Review: Steve Krokoff, Interim City Manager Attachment(s): Construction Services Agreement HOME OF'TNFBCSTCLLAISTYOcLIFT r RG -W MILTON* ESTASUSHM 2M CONSTRUCTION SERVICES AGREEMENT Broadwell Pavilion Fan Installation (the "Project") This Agreement (the "Agreement") to provide construction services is made and entered into this q) day of��2016, 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"), and Delta T Corporation d/b/a Big Ass fan Company, a Kentucky corporation with its principal place of business located at 2348 Innovation Drive, Lexington, KY, 40511 (hereinafter referred to as the "Contractor") (City and Contractor hereinafter jointly referred to as the "Parties"). WITNESSETH. WHEREAS, City has requested that Contractor perform the Work (as hereinafter defined) required to complete the Project; and WHEREAS, Contractor has agreed to perform all Work 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. 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 l Contract Documents This Agreement, along with the following documents, are incorporated herein by reference and constitute the Contract Documents: A. Proposal from Contractor ("Proposal") dated December 22, 2015 (9 Pages), attached hereto as Exhibit "A"; 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 The Work The scope of the Project generally consists of the installation of a large ceiling fan in the City's park facility known as the Broadwell Pavilion, as described more fully in the Proposal. The work to be completed under this Agreement (the "Work") includes all tasks specified and indicated in the Proposal. Except as specified in the Proposal, the Work includes all material, labor, insurance, tools, equipment, machinery, water, heat, utilities, transportation, facilities, services and any other miscellaneous items and work reasonably inferable from the Contract Documents. Section 3 Contract Time This Agreement shall take effect on the date first stated above, and terminate upon completion of the Work. Contractor shall complete the Project on a date to be mutually arranged with the City, and the Work is expected to take no more than two days' time. Section 44 Contractor's Compensation, Time and Method of Payment A. The total amount paid under this Agreement shall not exceed the fixed price of $6,130.00. Contractor shall be entitled to an adjustment in price for any variations to product types or quantities requested by City, and for any installation work not included in Contractor's "Standard Installation Pricing," provided that Contractor must estimate the additional cost to the City and obtain the City's advance written approval (email is acceptable) prior to performing any Work that would result in a price adjustment. B. City agrees to pay the Contractor for the Work upon certification by the City that the Work was actually performed in accordance with the Agreement and upon the City's receipt and approval of an invoice stating the Work performed. Section 5 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, as codified at Chapter 2, Article VIII of the City of Milton Code of Ordinances and incorporated herein by reference. Further, the Contractor and the City acknowledge that it is prohibited for any person to offer, give, or agree to give any City employee or official, or for any City employee or official to solicit, demand, accept, or agree to accept from another person, a gratuity of more than nominal value or rebate or an offer of employment in connection with any decision, approval, disapproval, recommendation, or preparation of any part of a program requirement or a purchase request, influencing the content of any specification or procurement standard, rendering of advice, investigation, auditing, or in any other advisory capacity in any proceeding or application, request for ruling, determination, claim or controversy, or other particular matter, pertaining to any program requirement or a contract or subcontract, or to any solicitation or proposal therefor. The Contractor and the City further acknowledge that it is prohibited for any payment, gratuity, or offer of employment to be made by or on behalf of a sub -consultant under a contract to the prune Contractor or higher tier sub -contractor, or any person associated therewith, as an inducement for the award of a subcontract or order. 2 B. 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 and shall bear all losses and damages directly or indirectly resulting to it on account of the performance or character of the services rendered pursuant to this Agreement. Contractor shall defend, indemnify and hold harmless the City, its officers, boards, commissions, elected and appointed officials, employees and agents from and against any and all claims, suits, actions, liability, judgments, damages, losses, and expenses, including but not limited to, attorney's fees, which may be the result of willful, negligent or tortious conduct arising out of the Work by the Contractor, any subcontractor, anyone employed by the Contractor or its subcontractor or anyone for whose acts or omissions the Contractor or subcontractor may be liable, regardless of whether or not the negligent act or omission is caused in part by a party indemnified hereunder, but provided that Contractor shall not be required to indemnify for injury or liability resulting from the sole negligence of the City or its officers or agents. C. 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. D. 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. (2) Minimum Limits of Insurance: Contractor shall maintain the following insurance policies with coverage and limits no less than: (a) Commercial General Liability: $1,000,000 (one million dollars) combined single limit per occurrence and $2,000,000 (two million dollars) aggregate occurrence -based Commercial General Liability coverage including bodily injury and property damage. (b) Commercial Automobile Liability (owned, non -owned, hired): $1,000,000 (one million dollars) combined single limit per occurrence for comprehensive Commercial Automobile Liability. (c) Workers' Compensation and Employers Liability: Statutory Workers' Compensation covering Georgia operations and Employers Liability limits of $1,000,000 (one million dollars) per occurrence or disease. (3) Other Insurance Provisions: The policy is to contain, or be endorsed to contain, the following provisions: (a) The City and its officials, employees, agents and volunteers are to be covered as contractually -required "additional insureds" under the Commercial General Liability Policy. (b) The Commercial General Liability 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. (c) The Commercial General Liability and Workers' Compensation insurers shall 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. (4) Acceptabilityf Insurers: The insurance to be maintained by Contractor must be issued by a company licensed or approved by the Insurance Commissioner to transact business in the State of Georgia. Insurance is to be placed with insurers with an A.M. Bests' rating of no less than ANII. (5) 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. (b) Subcontractors: Contractor shall furnish evidence of substantially equivalent insurance coverage held by any subcontractors who will be performing Work, or else include all such subcontractors as insureds under its policies. E. Licenses_ ; Standard of Care nit lALliMed llh tev81 ?. 1hSfiallt scope of v ork The Contractor covenants and declares that it has opined or will obtain prior to commencing Work all diplomas, certificates, licenses, perces 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 Work contracted for under this Agreement. The Contractor agrees that it will perform the Work in accordance with the usual and customary standards of the Contractor's profession or business and in compliance with all applicable federal, state, and local laws, regulations, codes, ordinances, or orders applicable to the Project. This provision shall survive termination of this Agreement. 4 F. Nondiscrimination. In accordance with Title VI of the Civil Rights Act, as amended, 42 U.S.C. § 2000d, section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6102, section 202 of the Americans with Disabilities Act of 1990, 42 U.S.C. § 12132, and all other provisions of Federal law, the Contractor agrees that, during performance of taus Agreement, Contractor, for itself, its assignees and successors in interest, will not discriminate against any employee or applicant for employment, any subcontractor, or any supplier because of race, color, creed, national origin, gender, age or disability. In addition, Contractor agrees to comply with all applicable implementing regulations and shall include the provisions of this Section in every subcontract for services contemplated under this Agreement. G. 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. Section 6 Warranty Except as may be otherwise specified in the Proposal, the Contractor shall repair all defects in materials, equipment, or workmanship appearing within one year from the date of completion of the Project at no additional cost to the City. In addition, the Contractor shall repair, at its own expense and to the complete satisfaction of the City, all damages to City or third -party property caused by the Work. Section 7 Termination A. For Convenience. The City may terminate this Agreement for convenience at any time upon written notice to Contractor; provided that it shall pay Contractor for all Work performed at the date of termination, all materials used, and any applicable restocking fees set forth in the Proposal. B. For Cause. The City and Contractor may each terminate this Agreement for cause if the other breaches any material provision of this Agreement, provided that the terminating party shall give the other party fourteen (14) calendar days written notice and opportunity to cure. Section 8 Miscellaneous A. Complete Agreement. This Agreement, including all of the Contract Documents, constitutes the complete agreement between the Parties and supersedes any and all other agreements, either oral or in writing, between the Parties with respect to the subject matter of this Agreement, This Agreement may be modified or amended only by a written document signed by representatives of both Parties with appropriate authorization. 5 B. Governing Law. This Agreement shall be governed by and construed under the laws of the State of Georgia. C. Representatives. shall be authorized to act on Contractor's behalf with respect to the Work as Contractor's designated representative. t. • G3;,, shall be authorized to act on the City's behalf with respect to the Work as the City's designated representative; provided that any additional costs incurred or changes to the terms of this Agreement must be approved in writing. D. 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. E. 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. F. 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 shall be send to the addresses first listed above. G. 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. H. Waiver of Agreement._ No failure by the City to enforce any right or power granted under this Agreement, or to insist upon strict compliance by Contractor with this Agreement, and no custom or practice of the City at variance with the terms and conditions of this Agreement shall constitute a general waiver of any future breach or default or affect the City's right to demand exact and strict compliance by Contractor with the terms and conditions of this Agreement. Further, no express waiver shall affect any term or condition other than the one specified in such waiver, and that one only for the time and manner specifically stated. 6 L No Third Party Rights_ This Agreement shall be exclusively for the benefit of the Parties and shall not provide any third parties with any remedy, claim, liability, reimbursement, cause of action or other right. Successors and Assigns. Subject to the provision of this Agreement regarding assignment, each party binds itself, its partners, successors, assigns, and legal representatives to the other party hereto, its partners, successors, assigns, and legal representatives with respect to all covenants, agreements, and obligations contained in the Contract Documents. 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] 7 Attest: M �--GL i)� Signature Print Name 'e-& Title ((Assistant) Corporate Secretary) Attest: Signature Print Name City CIerk Title d/b/a Big Ass Fans Print Name� Title (President or Vice President for Corporation) [AFFIX CORPORATE SEAL] BIG ASS SOLUTIONS DELTA T CORPORATION LEXINGTON c KENTUCKY � mm CITY OF WLTON Joe Lockwood, Mayor [CITY SEAL] EXHIBIT "A" PROPOSAL BEHIND BIG ASS Big Ass Solutions is dedicated to solving problems in the built environment. In 4999, we began producing high-volume, low -speed fans specifically engineered for industrial environments. They worked so well that our customers started installing them in commercial spaces, leading us to expand our product line to include fans with silent motors and refined styling perfect for spaces ranging from breweries to worship facilities. In 2012, we launched our Haiku® residential fan, which brought Big Ass Fans' dedication to engineering and efficiency into people's homes. Since we knocked air movement and thermal comfort out of the park, our customers came to us with other problems — like dim, inefficient lighting. We added leading lighting experts to our herd of engineers and launched Big Ass Light in 2014. Like our fans, our line of brilliant LED fixtures aren't half-assed — they're Big Ass. And that's precisely why there's No Equal® no matter what we make. Our ongoing success is due not only to our technologically advanced product lines and unique marketing approach, but also in large part to the hard work and commitment of a dedicated, enthusiastic workforce that maintains an unwavering focus on our customers. CONTACT.• Dawn Harrington EMAIL dharrington@bigasssolutions.com PHONE: (859) 629-7782 B1G AaQ No Equal An 1SQ 9001:2005 corlitied company I V2014 Della T Corporation dila the Big Ass Fan Company. All rights reserved Quote Information Quote Number 00208882 Bill To Name City of Milton Broadwell Pavilion Building Bill To: 13000 Deerfield Parkway, Suite 107A Milton, GA 30004 US SFDCID 10345563 General information Sales Rep pawn Harrington E-mail dharrington@bigasssolutions.com Phone (859)629-7782 Fax 859-233-0139 Comments E5 -SHIP Created Date 12/22/2015 Expiration Date 1/31/2016 Ship To Name City of Milton Broadwell Pavilion Bui#ding Ship To: 13000 Deerfield Parkway, Suite 107A Milton, GA 30004 US Contact Name Contact Phone Comments Allfans to include controller with variable speed selector and all mounting brackets. Freight charges are included in the quoted price. Sales Tax is strictly an estimate and may change based on the shipping address of the order. "VERY IMPORTANT" Davis /Bacon Act, Prevailing Wage, Union Labor or Certified Payroll requirements not included on quoted installation. Fire relay installation is not included unless specifically noted, but can be quoted upon request, it is the quote recipient's responsibility to inform BAF if any of these apply and to provide a determination of wage. Should the quote recipient/ordering partyfail to notify BAF of any such conditions, BAF will not assume any additional charges incurred. M-ES1-0602 Essence Mount Kit, Universal, 2' Extension Tube 1- $ 150.00 $ 150.00 E5 -SHIP Essence -SHIPPING & HANDLING F-ES1- Essence Fan Kit, Wired, 1 $ 100.00 $ 100.00 0801A384K2V46 Black/Silver, 8ft, 100-125V/1 1 $3,900.00 $3,900.00 Phase; Big Fan Pkg 050204 Gripple Set, 10' length, PX/ EL/ 1 $ 100.00 $ 100.00 Ind/ Isis/ES 003972-002 Isis/Essence L -Bracket Kit / Escutcheon Kit Combo, Wheel 1 $ 100,00 $ 100.00 Silver L2 -ES -WL -1 Level 2 Install, Essence, with lift, 1- 2 fans 1 $1,065.00 $1,065.00 L0-STRUCTENG- Structural Engineering Charges 1 $ 715.00 $ 715.00 CHAR Subtotal: $6,130.00 Tax: $ 0.00 Shipping: $ 0.00 Grand Total: $6,130.0o WARRANTY INFORMATION* AIRGO®ALL-TERRAIN, AIRGO, BLACK JACK: Hub &Airfoils - Lifetime • Motor, Gearbox, Controller Components -3 Years BIG ASS LIGHTS: HBL Lighting - 7 Years B Series LED - 5 Years 8 Series Exterior LED Area & Flood - 3 Years • B Series Fluorescent -1 Year • Labor (for HEL only) -1 year BASIC 6% • Hub & Airfoils -Lifetime • Labor - i Year Motor, Gearbox, Controller Components: 3 years 100%coverage: prorated years 4-r2 ELEMENT, ESSENCE', ISIS': • Hub & Airfoils - Lifetime Labor -1 Year • Motor, Gearbox, Controller Components: 5 Years Wo install 10 Years w/ Level 2 or level 3 Install HAiKU•: • Motor - 2 Years • All other components -1 Year Warranty PIVOT, PIVOT180: Hub & Airfoils - Lifetime • Labor -1 Year in Industrial settings Motor, Gearbox, Controller Components - 3 Years POWERFOIL'X2,0, POWERFOIL X2.0 PLUS: • Hub & Airfoils - Lifetime Labor -1Year • Motor, Gearbox, Controller Components; 7 Years w/o Install 15 Years wt Level 2 or Level Install POWERFOIL S. POWERFOIL 8 PLUS: • Hub & Airfoils - Lifetime • Labor -1Year Motor, Gearbox, Controller Components: 3 Years, 100% coverage w/o Install; prorated years 412 5 Years, t00% Coverage wl Level 2 or Level 3 Instm; prorated years 6-12 SWEAT BEE'; Hub & Airfoils -3 Years Motor & Electrical Components- 3 Years YELLOW JACKET': • Hub & Airfoils -Lifetime Motor & Electrical Components - 3 Years 'Warranty information provided here applies to new units only. See cornpiete warranty for details. All warranties can be found on our website at bigassfans.co,r✓product-warranties/ STANDARD TERMS - NET 30 DAYS UPON APPROVAL Shipping and handling is an estimate. Tax excluded from proposals of the specified products assumes responsibility for the cost of unless requested or provided. Pricing excludes correction of any returning or exchanging specified product where specified product existing code violations and assumes standard installation. does not meet field requirements. Restocking fee for unopened shipping boxes is 25%; opened boxes will incur a 50% restocking fee. Returns must be received within 90 days. Customer will be responsible for return freight charges. The Buyer must insure that product specifications are consistent with actual field installation requirements. Big Ass Fans product recommendations are based on product specifications as transmitted to the company. As such, Big Ass Fans is not responsible for inaccuracies between the communicated product specifications and actual field installation requirements. The Buyer Any variations to product types or quantities (or omissions of existing light fixtures during the survey process •- and now not represented in project) will be considered "add-on" and an additional material requirement. These add-on materials will be priced separately. Regular working hours are Monday -Friday lam -spm, weekends and holidays excluded. All lifts provided for use by the installers are to be OSHA approved. 00208882 STANDARD TERMS - NET 30 DAYS UPON APPROVAL - CONT, NOT INCLUDED IN STANDARD INSTALLATION PRICING- • Prevailing wage or union labor rates. • Extensive safety or training orientations required before installers Fire alarm tie-in at the fire control panel. can work on site, Clean-up or rework of existing electrical infractions. Costs due to customer delays to the installation crew. • Relocation of obstacles including lighVrig, electrical conduits, gas lines, Modification or movement of existing roof insulation. water lines, sprinkler lines, etc, Stamped structural approval for any mounting method not shown • Stamped structural, mechanical or electrical approvals, in the Big Ass Fans installation guide. • Electrical or fire permits and associated costs, or delays resulting from permitting process. PURCHASING OR USING ANY OF OUR PRODUCTS & SERVICES INDICATES YOU AGREE WITH OUR TERMS OF SERVICE AND PRIVACY POLICY. (SEE OUR WEBSITE - SIGASSSOLUTIONS,COM —FOR ADDITIONAL INFORMATION.) CLIENT Signature Print !Name Date BIG ASS FANS Signature Print Name Date CUSTOMER CONTACT INFORMATION PLEASE CONFIRM AND COMPLETE ALL BILLING AND SHIPPING INFORMATION FOR YOUR ORDER. SHIPPING ADDRESS: 93000 Deerfield Parkway, Suite 107AO' Milton GA 30004 PLEASE REVIEW THE SHIPPING ADDRESS ABOVE: If this address is incorrect, please provide correct Information below: Contact Name: Shipping Address: City, State, Zip: ACCOUNTS PAYABLE (BILLING) ADDRESS: Contact Name: ++-+., it -l. �L-1 Billing Address: L3,_j , *7crr k City, State, Zip: Email: Phone: 2-4 Z- 2 -vol D&B Number if available: DOES YOUR COMPANY REQUIRE A PURCHASE ORDER? it yes, please provide purchase order to your Big Ass representative listed below. IS THIS ORDER TAX EXEMPT? If yes, please provide tax exempt certificate fo your Big Ass representative Ii below. St _ ; too Bf6liL YOUR BIG ASS REPRESENTATIVE IS. Salesperson Name: Dawn Harrington Email: dharrin tort bl a55SOlutionS.com Telephone: (859) 629-7782 Fax: (859) 233-0139 Essencee Essence'D is both an essential money -saving machine and a work of art. Ranging from 8 to 14 feet (2.4 to 4.3 meters) in diameter, Essence is the first Rg Ass Fan® that was developed to excel both indoor and outdoor. With its high -efficiency, sensorless direct drive motor, Essence provides the air movement needed in large spaces. From lobbies, pavilions and music venues to seaside dining and open-air theatres, Essence brings the quiet, comforting power of air movement to any space. In fact, a single Essence does the work of more than 28 standard 52 -inch (1.3 meters) ceiling fans at Just one-seventh of the operating costs. Features and benefits • Available in 8-,10-,12- and 14 -ft (24-,1,37- and 4.3-m) diameters • Suitable for ceilings as low as 12 feet (3.7 meters) • Gearless direct drive motor provides silent operation (< 35 dRA) • Permane.nt magnet design reduces power consumption • Onboard electronic microprocessors offer design flexibility and multiple control options • Modular construction for ultimate flexibility in styling and color schemes • Suitable for indoor and outdoor spaces • Wired or optional wireless wall control • Lightweight and easy to install • 10 -year warranty in the US and Canada f Technical Specifications Model Essence Series Number and type of airfoils 8 Mini-Ellipto airfoils Airfoil finish (standard) Oear anodized Winglet finish (standard) Silver or black Fan diameter (A) 8 ft (2.4 m) 10 ft (3 m) 12 ft (3J m) 14 ft (4.3 m) Fan weight (as shown with 2 -ft 75 Ib 81 lb 88 lb 96 lb extension tube) (34 kg) (37 kg) (40 kg) (44 kg) Prime mover (standard color) Gearless direct drive (white or silver) Maximum speed 158 RPM 107 RPM 761JPM 56 RPM Input power and required 110-12S VAC, 1 0, 50/60 Hz, 10 A breaker 200-240 VAC, 10, 50/60 Hz, 10 A Minimum airfoil 10 ft (3 m) above floor clearances required 2 ft (0.6 m) on sides 2 ft (0.6 m) below ceiling deck Standard extension tune length 2 ft (0.6 m) Extension tube length options 2-15 ft (0.6-4.6 m) Wired wall controller Mount in standard single -gang junction box or to surface of wall Connects to fan with 10-V CATS cable and RJ45 connector Wireless wall controller Optional Sound level at maximum speed' < 35 d8A Certifications (entire fan) TUV-certified to UL 507 and CSA 22.2 No. 113 Warranty' 10 -year warranty in the US and Canada ` Actual results of sound measurements in the held may varydue to sound reflective surfaces and environmental condnlons. ' 1D years part!, lifetime airrolls and hub, i year labor warranty available in the US and Canada; certain exclusions may apply. Warranties vary by country. See complete warranty for details. Accessories Standard Wired Optional Wireless Wall Control Wall Control 1 Standard Color Options White motor housing with Silver motor housing with Salver Trim Black him Ask about custom c0bf options and how to mix and match stock fan and trim colors. VR,1PASS Level 2 Scope of Work _Essence CAUTION: The following is a reference tool only. Please instructions and safety guidelines. consult the Essence Installation Guide for complete installation WARNING: To reduce the risk of electric shack, wiring should be performed by a qualified electrician! electric shock or damage the motor and the controller! WARNING: Fan installation must be in accordance with the National Electrical Incorrect oral codes Failure cause with these codes could result in personal injury or property damage, Code, AN511NFPA 70, and al CAUTION: The Big Ass Fans product warranty will not cover equipment damage or tai#ure that is caused by improper installatiorn of f comply customer responsible work. General. • charge Includes regular working hours from 7am to 5pm M -F, or afterhours charwill apply. • To activate warranty coverage, the Check -In and Cfose-put forms mast be completed and returned to Big Ass Fans, Whether provided by Big Ass Fans or customer, lift is to be pSNq a • If lift is to be provided by customer and lift is unavailable, or in unsafe pcondition, a replacement two-man scissor lift will be Ordered and customer will be charged for the lift as well as any resulting down time. • I -Beam Adapter, Wood Frame Mounting kit, L -Bracket Mounting Kit, and Z -Pullin Mounting kit are optional mounting accessories available for purchase through Big Ass Fans, • Wireless Wafl Controller is an optional accessory and can be purchased through Big Ass Fans. • Angle iron or other steel added by installer in finished (non -industrial) spaces will be painted to match by installer. • Wasted trips or delays caused by the customer, including timely access to work area(s), timely delivery of fans to the installers, fan/controller placement decisions, or incomplete customer responsibilities, will result in additional charges. CUSTOMER RESPONSIBILITY CONSISTS OF (MUST BE COMPLETED PRIOR TO BIG ASS FANS ARRIVAL): • Receive and store the fan shipment in a safe, dry place until installation • Install AC power whin • g per NEC, from power source to within 3 feet of fan mounting location Provide and install a junction box for lire wire within 15 feet of fan mounting location (applicable onlyif F' re Installation not purchased) (pp • install fire wire per NEC from fire control panel to junction box (applicable only if Fire Relay Installation not Relay purchased) • Provide final tie-in of fire wire at the fire control pane! BIG ASS FANS RESPONSIBILITY CONSISTS OF: • Route wiring and safety cable into top of extension tube and out access hole wirin • Attach upper mount and upper mounting brace to extension tube (wiring) and bottom of tube (cable) • Attach upper mount with extension tube to angle iron spans between steel bar joistsor z -purlins (or attach upper mount to optional wood framing channels, I-beam adapter, or L -brackets if purchased) • Secure safety cable to main fan unit and attach main fan unit to extension tube • Secure safety cable to angle irons or other mounting structure per the installation guide • Connect wiring per NEC, between fan and AC power wiring at fan mounting location • Mount wail controller in fine of sight to accessible surface within 400 feet of fan mounting location • Install CATS data cable per NEC, between wall controller and fan (in EMT conduit to ceiling height only), exceed 100 linear feet (or if purchased, install the optional wireless wail controller, install wiring not to • Connect wiring harnesses and install wiring cover plate assembly onto extension tbe set up fan for RF control) • Install fire wire per NEC between fan and customer provided junction box within 15 feet of fan mounting location (if fire wire will be installed per the Fire Relay Scope of Work) Fire Relay installation is purchased, • Remove plastic cover sheet from bottom of main fan unit and install lower cover onto main fan unit • Secure guy wires as required per installation guide • Attach winglets (or optional airfoil tips) to airfoils and position airfoils onto tabs on main fan unit • Attach airfoils and airfoil retainers to main fan unit, and tighten all airfoil bolts to 29 ft -lb (39.3 N -m) • Fan start-up and operational training Exclusions: • Does not include use of scaffolding, all -terrain lifts, articulated boom lifts, or other specialty lifts • Does not include clean-up or rework of existing electrical infractions • Does not include additional local disconnecting means adjacent to the fan • Does not include relocation of obstacles such as light fixtures, electrical conduits, gas lines, water lines, sprinkler lines, etc. • Does not include structural engineering charges • Does not include eiectrical permits or preliminary work (e.g. layouts or additional visits) for electrical permits Rev. 2015-04-28 tP BIGASS PANS The installation of HVLS fans in buildings equipped with sprinklers, including ESFR sprinklers, shall comply with the following: • The HVLS fan shall be centered approximately between four adjacent sprinklers. • • The vertical distance from the HVLS fan to sprinkler deflector shall be a minimum of 3 ft, (p.g m� All HVLS fans shall be interlocked to shut down immediately upon receiving a water flow signal from the alarm system in accordance with the requirements of NFPA 72. WARNING: The fan should not be installed unless the structure on which the fan is to be mounted is of sound construction, undamaged, and capable of supporting the loads of the fan and its method of mounting. Verifying the stability of the mounting structure is the sole responsibility of the customer and/or end user, and Big Ass Fans Expressly disclaims any liability arising therefrom, or arising from the use of any materials or hardware other than those supplied by Big Ass Fans or otherwise specified in the installation instructions which can be found in our general installation manual. Rev. 2015-04-28 INSR ADDL SUBR LTR INSR WVD DATE (MM/DD/YYYY) PRODUCER CONTACT NAME: FAXPHONE (A/C, No):(A/C, No, Ext): E-MAIL ADDRESS: INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : POLICY NUMBER POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY)(MM/DD/YYYY) COMMERCIAL GENERAL LIABILITY AUTOMOBILE LIABILITY UMBRELLA LIAB EXCESS LIAB WORKERS COMPENSATION AND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) AUTHORIZED REPRESENTATIVE INSURER(S) AFFORDING COVERAGE NAIC # Y / N N / A (Mandatory in NH) ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? EACH OCCURRENCE $ DAMAGE TO RENTED $PREMISES (Ea occurrence)CLAIMS-MADE OCCUR MED EXP (Any one person)$ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ $ PRO- OTHER: LOCJECT COMBINED SINGLE LIMIT $(Ea accident) BODILY INJURY (Per person)$ANY AUTO ALL OWNED SCHEDULED BODILY INJURY (Per accident)$AUTOS AUTOS HIRED AUTOS NON-OWNED PROPERTY DAMAGE $AUTOS (Per accident) $ OCCUR EACH OCCURRENCE $ CLAIMS-MADE AGGREGATE $ DED RETENTION $$ PER OTH- STATUTE ER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ If yes, describe under E.L. DISEASE - POLICY LIMIT $DESCRIPTION OF OPERATIONS below POLICY SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: CERTIFICATE HOLDER CANCELLATION © 1988-2014 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORDACORD 25 (2014/01) ACORDTM CERTIFICATE OF LIABILITY INSURANCE 3/08/2016 J Smith Lanier & Co-Lexington Powell-Walton-Milward P O Box 2030 Lexington, KY 40588 Karen Marshall 800 796-3567 859 254-8020 Delta T Corp dba Big Ass Solutions Attn: Joseph R Miller 2348 Innovation Drive Lexington, KY 40511 Federal Insurance Kentucky Employers Mutual Insur American Zurich Insurance Co Great Northern Insurance 20281 10320 40142 20303 A X X X X 35913623 12/01/2015 12/01/2016 1,000,000 1,000,000 10,000 1,000,000 2,000,000 2,000,000 D X X X 73591672 12/01/2015 12/01/2016 1,000,000 A X X X 10,000 79856889 12/01/2015 12/01/2016 5,000,000 5,000,000 B 375480 "Kentucky" 12/01/2015 12/01/2016 X 500,000 500,000 500,000 C Workers Comp WC966848605 "Other States" 12/01/2015 12/01/2016 $500,000 - Each Acc $500,000 - Each Empl $500,000 - Policy Limit The City and its officials, employees, agents and volunteers are included as additional insured when required by written contract but only with respects to the general liability insurance and subject to the provisions and limitations of the policy. Waiver of subrogation applies to the general liability insurance when required by written contract and subject to the provisions and limitations of the policy. The City of Milton 13000 Deerfield Parkway Suite 107A Alpharetta, GA 30004 1 of 1 #S2964835/M2843525 41DELTATCORP1Client#: 118370 DUS 1 of 1 #S2964835/M2843525 TO: HOME OF' ESTABLISHFD 2006 CITY COUNCIL AGENDA ITEM City Council DATE: March 31, 2016 FROM: Steven Krokoff, Interim City Manager AGENDA ITEM: Approval of an Amendment to the MOU for TSPLOST Consultant Services between the Cities of Sandy Springs, Alpharetta, Johns Creek, Milton and Roswell MEETING DATE: Monday, April 11, 2016 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (,APPROVED CITY ATTORNEY APPROVAL REQUIRED: () YES CITY ATTORNEY REVIEW REQUIRED: ( ) YES APPROVAL BY CITY ATTORNEY () APPROVED PLACED ON AGENDA FOR: a{ III k * REMARKS (J NOT APPROVED (^0 (,ANO (J NOT APPROVED ® ... Your _ _ rw ,r t�iE'E'n *Cenifwd * ToP700 PHONE: 678.242.25001 FAX: 678.242.2499 im, infoftityofmiltonga.us I www.cityofmiltonga.us +® Community � CE �,h Eth;cyicosf f 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 To: Honorable Mayor and City Council Members From: Carter Lucas, PE - Public Works Director Date: Submitted on March 30th, 2016 for the April 11th, 2016 Regular Council Meeting Agenda Item: Approval of an Amendment to the MOU for TSPLOST Consultant Services Between the Cities of Sandy Springs, Alpharetta, Johns Creek, Milton and Roswell ______________________________________________________________________________ Department Recommendation: Approval. Executive Summary: This is an amendment to the original agreement between the North Fulton cities and Kimley-Horn to assist staff in their efforts to prepare a list of proposed transportation projects in support of the possible referendum. The amendment is related to gathering information and understanding of potential traffic and economic impacts of MARTA extending either heavy rail or BRT up the Ga 400 corridor. Staff is recommending approval of this amendment. Milton’s share of the cost of the amendment would amount to $2,400. Funding and Fiscal Impact: Funding is available for this project. Alternatives: There are no alternatives. Legal Review: N/A Concurrent Review: Steve Krokoff, Interim City Manager Attachment(s): Amended Agreement March 2, 2016 North Fulton, City Managers Bob Regus - Alpharetta, Warren Hutmacher - Johns Creek, Christopher Lagerbloom - Milton Kay Love - Roswell Re: Amendment Number 1 – To request approval to amend the original North Fulton – TSPLOST Project Consultant Contract and Memorandum of Understanding (MOU) Between the City of Sandy Springs and the Cities of Alpharetta, Johns Creek, Milton and Roswell, Georgia. To: North Fulton City Managers Please accept this letter as a formal request to amend the attached original contract with Kimley – Horn and the Memorandum of Understanding (MOU) dated and signed by you on January 29, 2016, between the City of Sandy Springs, and the Cities of Alpharetta, Johns Creek, Milton and Roswell, for the purpose of retaining a North Fulton TSPLOST Project Consultant to assist the North Fulton Technical staff in their efforts to prepare a list of proposed transportation projects, and strategy for the North Fulton Mayors. It is our understanding, that the North Fulton Mayors have requested an amendment to the original scope of services to include: Meetings with Marta, GDOT and ARC to gather all relevant data, information and conclusions related to the potential traffic and economic impact of extending the Marta rail or BRT up the GA. 400 corridor and to produce a summary of findings and recommendations for further data collection and analysis to answer the Cities ‘ key questions enumerated in section 2 of the proposal (Please review attached documentation). This amendment is for $12,000. Therefore, the total contract amount will increase from $166,000, to $178,000. As the lead administrator of the procurement, the City of Sandy Springs will direct this amended payment. By signing this amendment, all North Fulton cities acknowledge and agree to this amendment and to amend, the attached copy of the original contract and original MOU between the North Fulton Cities and the City of Sandy Springs, for the Project Consultant, Kimley – Horn and Associates Inc. to perform the TSPLOST Consulting services. By signing this agreement all cities will be financially responsible for the new contract amount of $178,000, to be split equally between all Cities for TSPLOST consulting services. Technical Staff: Members include: Bryant Poole or Designee – Sandy Springs, Cindy Jenkin or Designee – Johns Creek, John Crocker or Designee - Roswell, Eric Graves or designee – Alpharetta, Carter Lucas or Designee – Milton kimley-horn.com 817 West Peachtree Street NW, Suite 601, Atlanta, GA 30308 404-419-8700 February 19, 2016 City of Sandy Springs 7840 Roswell Road, Building 500 Sandy Springs, Georgia 30350 ATTN: John McDonough, City Manager Re: North Fulton TSPLOST Contract Amendment Dear Mr. McDonough This letter serves as AMENDMENT NUMBER 1 to the agreement between the City of Sandy Springs, Georgia ("Client") and Kimley-Horn and Associates, Inc., ("Consultant") dated February 10, 2016 ("the Agreement") concerning North Fulton TSPLOST Consulting Services (the "Project"). The Consultant has entered into the Agreement with Client for the furnishing of professional services, and the parties now desire to amend the Agreement. Therefore, it is mutually agreed that the Agreement is amended to include Additional Services to be performed by Consultant and provisions for additional compensation by the Client to the Consultant, all as set forth below. The parties ratify the terms and conditions of the Agreement not inconsistent with this Amendment, all of which are incorporated by reference. Scope of Services The Consultant will provide the services specifically set forth below. 1. The Consultant will conduct interviews with MARTA, ARC, and GDOT in three separate meetings. The meetings will include a discussion and review of any available transportation impact or economic impact data related to the expansion of MARTA transit services along GA 400 between the North Springs Station and Windward Parkway. The Consultant will gather as much available information as reasonably possible from each organization and review applicable traffic studies or economic projections associated with extension of the North Line. 2. The Consultant will conduct an independent third party review of collected information and will produce a summary of available data and associated conclusions related to: A. Traffic impact along GA 400 associated with the expansion of transit services B. Traffic along local streets within 0.5 – 1.0 mile of each planned transit station north of North Springs Station C. Economic investment or benefits reasonably expected as a product of expanded transit and new station areas (within 0.5 miles) 3. The Consultant will develop recommendations related to additional data and analysis that may be necessary to fully answer items 2A-2C above as part of a second phase of work to be completed as part of the North Fulton TSPLOST effort, the North Fulton Comprehensive Transportation Plan, or another to be determined effort. Services Not Included The goal of this first phase review is to gather information related to the potential traffic and economic impacts related to the potential expansion of MARTA transit services (BRT or rail) further into North Fulton County along GA 400. This first phase of work is not expected to fully answer the questions S, iDY P!l GS G E O R G 1 A January 29, 2016 North Fulton, City Managers Bob Regus - Alpharetta, Warren Hutmacher-Johns Creek, Christopher Lagerbloom - Milton Kay Love - Roswell Re: Memorandum of Understanding (MOU) Between City of Sandy Springs and the City of Alpharetta, Johns Creek, Milton and Roswell Project: North Fulton—TSPLOST- Project Consultant To North Fulton City Managers Please accept this letter as a Memorandum of Understanding (MOU) between the City of Sandy Springs, and the City of Alpharetta, Johns Creek, Milton and Roswell, for the purpose of retaining a North Fulton TSPLOST Project Consultant, to assist the North Fulton Technical staff in their efforts to prepare a list of proposed transportation projects, and strategy for the North Fulton Mayors. It is our understanding that the City of Sandy Springs will take the lead role of the procurement to retain the project consultant (with the assistance of the North Fulton Technical Committee), and handle the payment of the agreed upon contracted services. All North Fulton cities acknowledge and agree to hire the Project Consultant, Kimley — Horn and Associates Inc. to perform the TSPLOST Consulting for the North Fulton Cities. All cities will be financially responsible for contract amount of $166,000 to perform the TSPLOST consulting services. Project: North Fulton —TSPLOSTConsultant Municipalities: City of Alpharetta, City of Johns Creek, City of Milton, City of Roswell, and City of Sandy Springs Project Timeframe: Technical staff of all cities will review the proposal submittal and mutually agree upon the completion date. Consultant will have 60— 90 days from the notice to proceed, to prepare, and submit all agreed 'upon contract deliverables. Financial Arrangement: All cities will be equally responsible and share payment of the consultant's fee. The City of Sandy Springs will make payment to Kimley— Horn and Associates Inc. and will invoice all North Fulton cities for its share of the consultant's fee. All cities will remit reimbursement to the City of Sandy Springs within 15 business days of receipt of an invoice. The consultant contract agreement will be prepared and administered by City of Sandy Springs, as the responsible party for project management. 7840 Roswell Road, Building 500 *Sandy Springs, Georgia 30350 • 770.730.5600 • 770.206.1420 fax • SandySpringsGA.gov CONTRACT AGREEMENT FOR NORTH FULTON T-SPLOST ("Project") Behveen CITY OF SANDY SPRINGS, GEORGIA ("Sandy Springs") Ana I�i�II,EY-HORN AND ASSOCIATES, INC. ("Consultant") AGREEMENT INDEX OF ARTICLES ARTICLE 1. CONSULTANT/OWNER AGREEMENT ARTICLE 2, DESCRIPTION OF PROJECT ARTICLE 3. SCOPE OF SERVICES ARTICLE 4, DELIVERABLES ARTICLE 5. SERVICES PROVIDED BY SANDY SPRINGS ARTICLE 6, MODIFICATIONS/CHANGE ORDERS/VERBAL AGREEMENTS ARTICLE 7. TIME OF PERFORMANCE OF WORK ARTICLE 8. TERM OF AGREEMENT ARTICLE 9. COMPENSATION AND PAYMENT FOR CONSULTANT SERVICES ARTICLE 10. QUALIFICATION OF CONSULTANT'S PERSONNEL AND ENDORSEMENT OF DOCUMENTS ARTICLE 11. SUSPENSION OF WORK ARTICLE 12, UTILITIES ARTICLE 13, DISPUTES ARTICLE 14, TERMINATION OF AGREEMENT FOR CAUSE ARTICLE 15, TERMINATION FOR CONVENIENCE OF SANDY SPRINGS ARTICLE 16, WAIVER OF BREACH ARTICLE 17, INDEPENDENT CONTRACTOR ARTICLE 18, RESPONSIBILITY OF CONSULTANT ARTICLE 19, COOPERATION WITH OTHERS ARTICLE 20, ACCURACY OF WORK ARTICLE 21, REVIEW OF WORK ARTICLE 22, INDEMNIFICATION ARTICLE 23, CONFIDENTIALITY ARTICLE 24, OWNERSHIP OF INTELLECTUAL PROPERTY AND INFORMATION ARTICLE 25, COVENANT AGAINST CONTINGENT FEES ARTICLE 26, INSURANCE ARTICLE 27, PROHIBITED INTEREST ARTICLE 28, SUBCONTRACTING ARTICLE 29, ASSIGNABILITY ARTICLE 30, ANTI -KICKBACK CLAUSE ARTICLE 31. DRUG-FREE WORKPLACE CERTIFICATION ARTICLE 32, GEORGIA SECURITY AND IMMIGRATION COMPLIANCE ACT CERTIFICATION ARTICLE 33, TITLE VI ARTICLE 34, AUDITS AND INSPECTORS ARTICLE 35, ACCOUNTING SYSTEM ARTICLE 36, ENTIRE AGREEMENT ARTICLE 37, SEVERABILITY ARTICLE 38, HEADINGS ARTICLE 39, COUNTERPARTS ARTICLE 40, GENDER AND NUMBER ARTICLE 41. NOTICES ARTICLE 42. JURISDICTION ARTICLE 43. EQUAL EMPLOYMENT OPPORTUNITY ARTICLE 44, FORCE MAJEURE INDEX OF EXHIBITS EXHIBIT A CONSULTANT'S PROPOSAL EXHIBIT B DESCRIPTION OF PROJECT EXHIBIT C SCOPE OF SERVICES EXHIBIT D DELIVERABLES EXHIBIT E SCHEDULE OF TIME AND PERFORMANCE OF WORK EXHIBIT F COMPENSATION AND PAYMENT FOR CONSULTANT SERVICES EXHIBIT G CERTIFICATION OF CONSULTANT - DRUG-FREE WORKPLACE EXHIBIT H GEORGIA SECURITY AND IMMIGRATION COMPLIANCE ACT CERTIFICATION EXHIBIT I: TITLE VI EXHIBIT J: INSURANCE REQUIREMENTS AGREEMENT This Agreement ("Agreement"), made and entered into as of February 10, 2016 by and between the City of Sandy Springs, a political subdivision of the State of Georgia ( "Sandy Springs"), and Kimley Horn and Associates, Inc., a corporation of the State of North Carolina and authorized to do business in the State of Georgia ("Consultant" or "Prime Consultant"): WHEREAS, Sandy Springs tluough its governing Uody desires to retain a qualified and experienced consulting firm to perform certain consulting services for the North Fulton T-SPLOST ("Project"); and WHEREAS, Consultant bas represented to Sandy Springs that it is experienced and has qualified and local staff available to commit to the Project and Sandy Springs has relied upon such representations; NOW, THEREFORE, for and in consideration of the mutual covenants contained herein, and for other good and valuable consideration, Sandy Springs and Consultant agree as follows: ARTICLE 1 CONSULTANTlOWNER AGREEMENT Sandy Springs hereby engages Consultant, and Consultant hereby agrees to perform, the services hereinafter set forth and as set forth in the proposal submitted by the Consultant in response to a Sandy Springs' request for proposal and exhibits thereto ("Proposal") as it may have been amended, a copy of which is attached hereto as EXHIBIT A — CONSULTANT'S PROPOSAL. All exhibits referenced in this Agreement are incorporated by reference and constitute an integral part of this Agreement as if they were contained herein. ARTICLE 2 DESCRIPTION OF PROJECT Sandy Springs and Consultant agree that the Project is as described in EXHIBIT B -DESCRIPTION OF PROJECT. ARTICLE 3 SCOPE OF SERVICES Unless modified in writing Uy Uoth parties in the manner specified in this Agreement, duties of Consultant shall not be conshued to exceed those services specifically set forth herein. Consultant agrees to provide all services, products, and data and to perform all tasks described in EXHIBIT C — SCOPE OF SERVICES. ARTICLE 4 DELIVERABLES Consultant shall provide to Sandy Springs all deliverables specified in EXHIBIT D — DELIVERABLES. Deliverables shall be furnished to Sandy Springs by Consultant in a media form that is acceptable and usable by Sandy Springs at no additional cost at the end of the Project. ARTICLE 5 SERVICES PROVIDED BY SANDY SPRINGS Consultant shall gather fi•om Sandy Springs all available non -privileged data and information pertinent to the performance of the services for the Project. Certain services as described in EXHIBIT C — SCOPE OF SERVICES, if required, will be performed and furnished by Sandy Springs in a timely maturer so as not to unduly delay Consultant in the performance of said obligations. Sandy Springs shall have the final decision as to what data and information is pertinent. Sandy Springs will appoint in writing a Sandy Springs authorized representative with respect to work to be performed under this Agreement who shall remain the authorized representative until Sandy Springs gives written notice of the appointment of a successor. The Sandy Springs authorized representative shall have complete authority to transmit instructions, receive information, and define Sandy Springs policies. Consultant may rely upon written consents and approvals signed by the Sandy Springs authorized representative. ARTICLE 6 MODIFICATIONS/CHANGE ORDERS/VERBAL AGREEMENTS No verbal agreement or conversation with any officer, agent or employee of Sandy Springs either before, during, or after the execution of this Agreement shall affect or modify any of the terms or obligations herein contained, nor shall such verbal agreement or conversation entitle Consultant to any additional payment whatsoever under the terms of this Agreement. If, during the course of performing work on the Project, Sandy Springs and Consultant agree that it is necessary to make changes in the Project as described herein and in referenced exhibits, such changes will be incorporated by written change order and/or supplemental agreements to this Agreement. Any such change order and/or supplemental agreement shall be subject to the express approval of the City of Sandy Springs in its sole discretion and shall further be subject to Sandy Springs' purchasing policies and shall conform to all other applicable requirements of Sandy Springs. ARTICLE 7 TIME OF PERFORDIANCE OF WORK Consultant shall not proceed to furnish such services and Sandy Springs shall not become obligated to pay for same until a written authorization to proceed ("Notice to Proceed") has Ueen sent to Consultant from Sandy Springs. The time of performance of work shall begin upon the date of Notice to Proceed and continue pursuant to the schedule described in EXHIBIT E — SCHEDULE OF TIME AND PERFORMANCE OF WORK. Consultant shall begin work under this Agreement no later than five (5) days after the effective date of Notice to Proceed, and shall dedicate sufficient efforts to each required task to complete same in accordance with EXHIBIT E — SCHEDULE OF TIME AND PERFORMANCE OF WORK. The time of performance of work does not include time for reviews for the Project by Sandy Springs, its authorized representative, or any other agency or agencies reviewing the Project. Time charges shall cease when a phase specified in the Proposal has been completed to the satisfaction of the Sandy Springs authorized representative. When a phase specified in the fee proposal has been completed to the satisfaction of the Saudy Springs authorized representative, he will notify Consultant that all tasks of such phase are considered accepted and fulfilled as specified in the fee proposal. A Notice to Proceed shall be issued to the Consultant for the next phase of work and shall address the total time of performance of work remaining on the Agreement. ARTICLE 8 TERM OF AGREEMENT The tern of this Agreement shall cormnence on the date of award by Sandy Springs. Norivithstanding the foregoing, this Agreement shall continue until Sandy Springs has received and accepted all deliverables, but in no event shall this Agreement extend beyond April 30, 2016 unless the same is amended in writing as provided in this Agreement. ARTICLE 9 COMPENSATION AND PAYMENT FOR CONSULTANT SERVICES Compensation for work performed by Consultant on the Project shall be on the basis of rates shown in the Proposal. Direct and miscellaneous costs should be included in the Proposal. The total contract amount for the Project shall be as set forth in EXHIBIT F -COMPENSATION AND PAYMENT FOR CONSULTANT SERVICES, which is full payment for the complete scope of services. Invoices for payment shall be submitted to Sandy Springs by the first (1") calendar day of the month to facilitate processing for payment in that same month. Invoices received after the first (1'� calendar day of the month may not be paid until the last day of the following month. The Consultant may submit to Sandy Springs an invoice, irn a form acceptable to Saudy Springs and accompanied with all support documentation requested by Sandy Springs, for payment and for services that were completed during the preceding phase. Sandy Springs shall review for approval said invoices. Sandy Springs shall have the right not to pay any invoice or part thereof if not properly supported, or if the costs requested or a part thereof, as determined by Sandy Springs, are reasonably in excess of the actual stage of completion. Sandy Springs shall pay each such invoice or portion thereof as approved, provided that the approval or payment of any such invoice shall not be considered to be evidence of the performance of the Consultant to the point indicated by such invoice, or receipt of acceptance by Sandy Springs of the set -vices covered by such invoice. Sandy Springs shall promptly pay any undisputed items contained in such invoices. As a minimum, each invoice shall include a narrative describing the total work accomplished for each phase, an accurate update of EXHIBIT E — SCHEDULE OF TIME AND PERFORMANCE OF WORK reflecting current status and noting any deviations from the schedule, and a description of the percentage of total work completed for each phase through the date of the statement. The Consultant must certify in writing that all subcontractors and suppliers have been promptly paid for work and materials and previous progress payments received, less any retainage by the Consultant prior to receipt of any further progress payments. In the event the Prime Consultant is unable to pay subcontractors or suppliers until it has received a progress payment from Sandy Springs, the Prime Consultant shall pay all subcontractors or suppliers funds due from said progress payments within forty- eight (48) hours of receipt of payment from Sandy Springs and in no event later than fifteen (15) days as provided for by state law. Consultant agrees that the compensation provided herein shall Ue full and fmal settlement of all claims arising against Sandy Springs for work done, materials furnished, costs incurred or otherwise arising out of this Agreement and shall release Sandy Springs from any and all farther claims related to payment for services and materials furnished in connection with this Agreement. Sandy Springs and Consultant agree that in the event any Agreement provision pertaining to the time of payment, the rate of payment, and any rates of interest differs from any provision of the Prompt Pay Act, such provision of the Prompt Pay Act is hereby waived and said Agreement provision shall control. Sandy Springs shall not be responsible for any interest penalty for any late payment. ARTICLE 10 QUALIFICATION OF CONSULTANT'S PERSONNEL AND ENDORSEMENT OF DOCUMENTS Consultant shall identify in writnrg a Project manager who shall have sole authot•ity to represent Consultant on all matters pertaining to this Agreement. Consultant represents that it has secured or will secure, at its own expense, all equipment and personnel necessary to complete its obligations pursuant to this Agreement. No personnel shall be employees of or have any contractual relationship with Sandy Springs. All of the services required hereunder will be performed by Consultant under its supervision and all personnel engaged in the work hereunder shall be fully qualified and shall be authorized or permitted under law to perform such services. Consultant shall use the design team presented to Sandy Springs at the time of negotiations unless changes in the design team are approved in writing by Sandy Springs. Written notification shall be inuriediately provided to Sandy Springs upon change or severance of any key personnel or subcontractor performing services on the Project by Consultant. No changes or substitutions shall be permitted in Consultant's key personnel or subcontractors performing services on the Project without the prior written approval of Sandy Springs. Changing of key personnel or subcontractors performing services during the course of the Project without the prior written approval of Sandy Springs shall constitute a cause for termination under the terms outlined in Article 14 hereof entitled "TERMINATION OF AGREEMENT FOR CAUSE". Consultant shall employ only persons qualified and duly registered in the appropriate category in responsible charge of supervision and design of the work and further shall employ only qualified and duly registered surveyors in responsible charge of any survey work. Consultant shall endorse all deliverables including reports, and contract plans. Such endorsements shall be made by a person duly registered for such services by the governing authority authorized by the State of Georgia, being in the full employ of Consultant and responsible for the work prescribed by this Agreement. ARTICLE 11 SUSPENSION OF WORK Sandy Springs may order Consultant in writing to suspend, delay or interrupt all or any part of the work on the Project for such period of time as he may determine appropriate for the convenience of Sandy Springs. The time for completion of the work shall be extended by the number of days the work is suspended. Sandy Springs shall not be responsible for any claims, damages or costs stennning from any delay of the Project. ARTICLE 12 UTILITIES Not applicable to this agreement. ARTICLE 13 DISPUTES No civil action with respect to any dispute, claim or conhoversy arising out of or relating to this Agreement may be commenced without first giving fourteen (14) calendar days written notice to Sandy Springs of the claim and the intent to initiate a civil action. ARTICLE 14 TERMINATION OF AGREEMENT FOR CAUSE Sandy Springs reserves the right to tenuinate this Agreement at any time for just cause upon thhty (30) days written notice to Consultant, notwithstanding any just claims by Consultant for payment for services rendered prior to the date of termination. Notice of termination shall be delivered by certified mail with receipt for delivery returned to the sender. Failure of Consultant to comply with all terms of the Agreement, including maintaining required insurance coverage, may be considered just cause for termination. In the event the required insurance coverage is not maintained, any written notice of termination to Consultant shall be effective immediately notwithstanding the thirty (30) days' notice otherwise required herein. TIME IS OF THE ESSENCE and if the Consultant refuses or fails to perform the work, maintain the scheduled level of effort as proposed and described in this Agreement, or any separable part thereof, with such diligence as will insure completion of the work within the specified time period, as more thoroughly described in Article 8 herein entitled TERM OF AGREEMENT, or any extension or tolling thereof, or fails to complete said work within such time, such failure to perform the work shall constitute cause for termination. Sandy Springs may, by written notice to Consultant, terminate Consultant's right to proceed with the work or such part of the work as to which there has been delay. In such event, Sandy Springs may take over the work and perform the same to completion, by contract or otherwise, and Consultant shall be required to provide all copies of finished or unfinished documents prepared by Consultant under this Agreement to Sandy Springs as stated in EXHIBIT D — DELIVERABLES. Consultant shall be entitled to receive compensation for any satisfactory work completed on such documents as reasonably determined by Sandy Springs, ARTICLE 15 TERMINATION FOR CONVENIENCE OF SANDY SPRINGS Notwithstanding any other provisions of this Agreement, Sandy Springs may terminate this Agreement for its convenience at any time by written notice to Consultant. If the Agreement is terminated for convenience of Sandy Springs as provided in this Article, Consultant will be paid compensation for those services actually performed. Partially completed tasks will be compensated based on a signed statement of completion to be submitted by Consultant which shall itemize each task element and briefly state what work has been completed and what work remains to be done. ARTICLE 16 WAIVER OF BREACH The waiver by either party of a breach or violation of any provision of this Agreement shall not operate or be construed to be a waiver of any subsequent breach or violation of the same or other provision thereof. ARTICLE 17 INDEPENDENT CONTRACTOR Consultant shall perform the services raider this Agreement as an independent contractor and nothhrg contained herein shall be construed to be inconsistent with such relationship or status. Nothing in this Agreement shall be interpreted or construed to constitute Consultant or any of its agents or employees to be the agent, employee or representative of Sandy Springs. Inasmuch as Sandy Springs and Consultant 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. Consultant agrees not to represent itself as the City's agent for any purpose to any party or to allow any employee of Consultant to do so, without specific prior written authorization from Sandy Springs, and then only for the limited purpose stated in such authorization. Consultant shall assume full liability for any contracts or agreements that Consultant enters into on behalf of Sandy Springs without the express knowledge and prior written authorization of Sandy Springs. ARTICLE 18 RESPONSIBILITY OF CONSULTANT Consultant is employed to render a professional service only and any payments made to Consultant are compensation solely for such services rendered and for recormnendations made in carrying out the work. Consultant shall follow the practice of the engineering profession to make findings, opinions, factual presentations, professional advice and recommendations. Errors due to Consultant's failure to comply with standard engineering procedures shall be corrected in a time fi•ame agreed to by Sandy Springs and at Consultant's expense. ARTICLE 19 COOPERATION WITH OTHERS Consultant will undertake the Project in cooperation with and in coordination with other studies, projects or related work performed for, with or by Sandy Springs employees, appointed cormnittees or other consultants and contractors. Consultant shall fully cooperate with Sandy Springs and with other consultants, contractors and Sandy Springs employees or appointed committees. Such cooperation shall include, but not be limited to, attendance at meetings, discussions and hearings, as may be requested by Sandy Springs, furnishing plans and other data produced in the course of work on the Project, as may be requested from time to time by Sandy Springs to effect such cooperation and compliance with all directives issued by Sandy Springs. Consultant shall provide Sandy Springs with its schedule of work, time and effort to coordinate with other consultants and contractors under contract with Sandy Springs. Consultant shall not commit or permit any of its employees, agents or subcontractors to commit an act which will interfere with the performance of work to be done on the Project by any other consultant or contractor or by Sandy Springs employees. ARTICLE 20 ACCURACY OF WORK Consultant shall be responsible for the accuracy of its work and shall promptly correct its errors and omissions without additional compensation. Acceptance of the work by Sandy Springs will not relieve Consultant of the responsibility of subsequent corrections of any errors, the clarification of any ambiguities, or the costs associated with any additional work caused by negligent errors in, or negligent omissions from, the plans prepared by Consultant. At any time during construction of the Project provided for by the plans or during any phase of work performed by others based on data secured by Consultant under this Agreement, Consultant shall confer with Sandy Springs for the purpose of interpreting the information obtained and to correct any errors or omissions. Consultant shall prepare any plans, reports, field work, or data required by Sandy Springs to correct its errors or omissions. The above consultation, clarification or correction shall be made without added compensation to Consultant. Consultant shall give immediate attention to these changes so there will be a minimum of delay to others. Prior notification by Consultant of the acceptance of any item(s) furnished by Sandy Springs shall transfer the responsibilities for the accuracy of that itenr(s) to Consultant. ARTICLE 21 REVIEW OF WORK Authorized representatives of Sandy Springs may at all reasonable times review and inspect Project activities and data collected under this Agreement and amendments thereto. All reports, drawings, studies, specifications, estimates, maps and computations prepared by or for Consultant, shall be available to authorized representatives of Sandy Springs for inspection and review at all reasonable times in the main office of Sandy Springs. Consultant shall maintain all required records pertinent to this Agreement for a period of three (3) years after final payment is made and all other pending matters are closed. Sandy Springs reserves the right to review and authorize the Project to move forward if affected public agencies, railroads and utilities have not provided timely acceptance. Authorization by Sandy Springs for the Project to move forward in such an event shall not relieve Consultant of its professional obligation to correct, at its expense, any of its errors in work; provided, however, that any additional work which becomes reasonably necessary based on such authorization shall be compensated pursuant to change order as provided in Article 6 hereof so long as such additional work is not due to the fault of Consultant. Sandy Springs may request at any time and Consultant shall produce progress prints or copies of any work as performed under this Agreement. Refusal by Consultant to submit progress reports and/or plans shall be cause for Sandy Springs, without any liability therefore, to withhold payment to Consultant until Consultant complies with Sandy Springs' request in this regard. Sandy Springs' review recommendations shall be incorporated into the plans by Consultant. ARTICLE 22 INDEMNIFICATION A. Commercial General LiaUility Iudemnificatiou. Other than arising out of the performance of professional services, and to the fullest extent permitted by law, Consultant shall indemnify, defend and hold Sandy Springs, its officers, agents, employees and successors and assigns, harmless from and against damages, liabilities and costs (including, to the extent allowable by law, reasonable attorneys' fees and defense costs incurred in connection with the defense of third party claims) for claims, suits, or actions of any kind where such liability arises out of or is in comiection with the performance (other than the performance of professional services) of this Agreement by Consultant. B. Professional Liability Indenmificatimr. Consultant agrees, to the fullest extent permitted by law, to indemnify and hold Sandy Springs, its officers, agents, and employees, harmless from and against damages, liabilities and costs (including, to the extent allowable by law, reasonable attorneys' fees and defense costs incurred in connection with the defense of third party claims) to the extent caused by the negligent acts, errors or omissions of Consultant in the performance of professional services pursuant to this Agreement. Consultant further agrees to protect, defend, indemnify and hold harniless Sandy Springs, its officers, agents and employees frons and against any and all claims or liability for compensation under the Workers' Compensation Act arising out of injuries sustained by any employees of Consultant. These indemnities shall not be limited by reason of the listing of any insurance coverage. ARTICLE 23 CONFIDENTIALITY Consultant agrees that its recommendations an d arty reports are for the confidential hnfornation of the Cities of Sandy Springs, Alpharetta, Joluns Creek, Milton and Roswell and that it will not disclose its recommiendations in whole or in part to any persons, other than the designated staff members of each city. Written documents shall be submitted to the designated staff members and will only be discussed with the same, except for discussions with the City Manager, Mayor and/or elected officials scheduled by each city as part of this Agreement. Upon completion of this Agreement term, all documents, reports, maps, data and studies prepared by Consultant pursuant thereto and any equipment paid for by Sandy Springs as a result of this Agreement, shall become the property of the cities and be delivered to the designated staff members. Consultant is not authorized to provide or present work conducted under this Agreement to the public, unless requested in writing by the designated staff members from at least one of the five cities. Information that is presented in a public meeting or released by one of the five cities is no longer subject to the restrictions of this article. Any request for information directed to Consultant by eV ic pursuant to tine Georgia Open Records Act shall be redirected to Sandy Springs and the other impacted city, if applicable, for further action. ARTICLE 24 OWNERSHIP OF INTELLECTUAL PROPERTY AND INFORMATION Consultant agrees that Cities of Sandy Springs, Alpharetta, Jolms Creek, Milton and Roswell are the sole owners of all information, data, and materials that are developed or prepared subject to this Agreement; provided, however, that Sandy Springs acknowledges that such information, data, and materials are Project specific and are not to be used in connection with other projects as a matter of general application. Consultant or any subcontractor is not allowed to use or sell any information subject to this Agreement for educational, publication, profit, research or any other propose without the written consent of an authorized representative of Sandy Springs. All electronic files used on this Project and necessary to view and/or access information, including any custom or commercially available software developed or used by Consultant, shall become the property of Sandy Springs to the extent that such electronic files are not maintained by Sandy Springs in the ordinary course of business unless the Consultant receives written confirmation from the City that such software shall not be required as part of the Project deliverables. Any required licenses and fees for software or other required materials shall be purchased and/or paid for by Consultant and registered in the name of the authorized representative of Sandy Springs. Any work developed for use on this Project may be released as public domain information by the authorized representative of Sandy Springs at his/her sole discretion. ARTICLE 25 COVENANT AGAINST CONTINGENT FEES Consultant warrants that no person or selling agency has been employed or retained to solicit or secure this Agreement upon an agreement or understanding for any fee, couuuission, percentage, brokerage or contingent fee, gift or other consideration, excepting bona fide employees maintained by Consultant for the purpose of securing business and that Consultant has not received any non -Sandy Springs fee related to this Agreement without the prior written consent of Sandy Springs. For breach or violation of this warranty, Sandy Springs shall have the right to annul this Agreement without liability or at its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of any such fee, commission, percentage, brokerage or contingent fee, gift or other consideration. ARTICLE 26 INSURANCE 26.1. Prior to beginning Work on the Project, the Consultant shall procure and maintain for the duration of this Contract, and for one (1) years thereafter, at its sole cost and expense such insurance as will frilly protect it and the City and the City's boards, officials, directors, officers, employees, representatives, agents, and volunteers from incidents, accidents and claims for personal injury, bodily injury, and property damage which may arise from or in connection with the performance of the work and for the Consultant's professional liability (errors and omissions) under this Contract, whether such services and work are performed by the Consultant, its agents, representatives, employees, or by any sub consultant or any tier directly employed or retained by either. The following is the minimum insurance and limits that the Consultant must maintain. If the Consultant maintains higher limits than the minimums shown below, the City requires and shall be entitled to coverage for the higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. All of the insurance herein specified shall be written on a form acceptable to the City and shall be A.M. Best Company rated A X or greater. See EXHIBIT K, INSURANCE REQUIREMENTS attached hereto and incorporated herein. 26.2. All such insurance shall remain in effect until final payment is made and the Project is accepted by the City. If the Consultant receives notice of non-renewal or material adverse change of any of the required coverages, the Consultant shall promptly advise the City in writing. Failure of the Consultant to promptly notify the City on non-renewal or material adverse change of any of the required coverages terminates the Agreement as of the date that the Consultant should have given notification to the City. The insurance policies shall contain or be endorsed to contain, the following provisions: (a) A provision that coverage afforded under such policies shall not expire, be canceled or altered without at least thirty (30) days prior written notice to the City. (b) Workers' Compensation and Employer's Liability and Property insurance policies shall contain a waiver of subrogation in favor of the City and the City's boards, officials, directors, officers, employees, representatives, agents, and volunteers. (c) Cormnercial General Liability, Automobile Liability Consultants' Pollution Legal Liability and/or Asbestos Legal Liability and/or Errors and Omissions (if project involves environmental hazards) insurance policies shall include an endorsement making the City and the City's boards, officials, directors, officers, employees, representatives, agents, and volunteers Additional Insureds under such policies. A copy of these endorsements shall be provided to the City. Certificates of hrsurance showing that such coverage is in force shall be filed under this Contract by the Consultant to the City. The obligations for the Consultant to procure and maintain insurance shall not be construed to waive or restrict other obligations and it is understood that insurance in no way limits liability of the Consultant whether or not sauce is covered by insurance. 26.3 If the City has any objections to the coverage afforded by or provisions of the insurance required to be purchased and maintained by the Consultant, the City will notify the Consultant thereof within twenty (20) days of the date of delivery of such certificates to the City. 26.4 The Consultant shall provide to the City such additional information in respect of insurance provided by it as the City may reasonably request. The right of the City to review and cormnent on certificates of insurance is not intended to relieve the Consultant of his responsibility to provide insurance coverage as specified nor to relieve the Consultant of his liability for any claims which might arise. 26.5 The Consultant agrees to require its SuU consultants to obtain insurance complying with the requirements the requirements of the Contract Documents. ARTICLE 27 PROHIBITED INTEREST A. Conflict of Interest. Consultant agrees that it presently has uo interest and shall acquire no interest, direct or indirect, that would conflict in any maturer or degree with the performance of its services hereunder. Consultant further agrees that, in the performance of the Agreement, no person having any such interest shall be employed. B. Lnterest of Public Officials. No member, officer or employee of Sandy Springs dining his tenure shall have any interest, direct or indirect, in this Agreement or the proceeds thereof. ARTICLE 28 SUBCONTRACTING Unless otherwise provided in this Agreement, Consultant shall not subcontract any part of the work covered by this Agreement or permit subcontracted work to be further subcontracted without prior written approval of Sandy Springs, ARTICLE 29 ASSIGNABILITY It is understood Uy the parties to this Agreennent that the work of Consultant is considered personal Uy Sandy Springs. Consultant shall not assign, st or transfer this Agreement or any portion thereof without the prior express written consent of Sandy Springs. Any attempted assigrmnent, subletting or transfer by Consultant without the prior express written consent of Sandy Springs shall at Sandy Springs' sole option terminate this Agreement without any notice to Consultant of such termination. Consultant binds itself, its successors, assigns, and legal representatives of such other party in respect to all covenants, agreements and obligations contained herein. ARTICLE 30 ANTI -KICKBACK CLAUSE Salaries of engineers, surveyors, draftsmen, clerical and technicians performing work under this Agreement shall be paid unconditionally and not less often than once a month without deduction or rebate on any account except only such payroll deductions as are mandatory by law. Consultant hereby promises to comply with all applicable anti -kickback laws, and shall insert appropriate provisions in all subcontracts covering work under this Agreement. ARTICLE 31 DRUG-FREE WORKPLACE CERTIFICATION Consultant shall execute a certification hr the form of EXHIBIT G -CERTIFICATION OF CONSULTANT - DRUG-FREE WORKPLACE, attached hereto and incorporated herein by this reference. Pursuant to the certification, Consultant shall certify that: (1) the provisions of O.C.G.A. § 50-24-1 tlu•ouglr 50-24-6 relating to the "Drug -Free Workplace Act" have been complied with in full; (2) a drug -flee workplace will be provided for the consultant's employees during the performance of this Agreement; (3) each subcontractor hired by Consultant shall be required to ensure that the subcontractor's employees are provided a drug-free workplace; and (4) Consultant will not engage in any unlawful manufacture, sale, distribution, dispensation, possession, or use of a controlled substance or marijuana during the performance of the Agreement. ARTICLE 32 GEORGIA SECURITY AND IMMIGRATION COMPLIANCE ACT CERTIFICATION Consultant shall execute a certification in the form of EXHIBIT H -CERTIFICATION OF CONSULTANT —GEORGIA SECURITY AND IMMIGRATION COMPLIANCE ACT, attached hereto and incorporated herein by this reference. Pursuant to the certification, Consultant agrees to comply with all applicable requirements of the Georgia Security and Immigration Compliance Act of 2006 as codified in O.C.G.A. Sections 13-10-90 and 13-10-91 and regulated in Chapter 300-10-1 of the Rules and Regulations of the State of Georgia, "Public Employers, Their Contractors and Subcontractors Required to Verify New Employee Work Eligibility Through a Federal Work Authorization Program," accessed at as further set forth in the certification attached as EXHIBIT H. ARTICLE 33 TITLE VI The Contractor shall comply with and shall require its subcontractors to comply with the regulations for compliance with Title VI of the Civil Rights Act of 1964, as amended, and 23 CFR 200, as stated in EXHIBIT I, NOTICE TO CONTRACTORS - COMPLIANCE WITH TITLE VI OF THE CIVIL RIGHTS ACT OF 1964, attached hereto and incorporated herein. ARTICLE 34 AUDITS AND INSPECTORS At any time during normal business hours and as often as Sandy Springs may deem necessary, Consultant shall make available to Sandy Springs and/or representatives of Sandy Springs for examination all of its records with respect to all matters covered by this Agreement. It shall also permit an Springs and/or representative of Sandy Springs to audit, examine and make copies, excerpts or transcripts from such records of personnel, conditions of employment and other data relating to all matters covered by this Agreement. Consultant's records of personnel, conditions of employment, and financial statements (hereinafter "Information") constitute trade secrets and are considered confidential and proprietary by Consultant. To the extent Sandy Springs audits or examines such Information related to this Agreement, Sandy Springs shall not disclose or otherwise make available to third parties any such Information without Consultant's prior written consent unless required to do so by law. Nothing in this Agreement shall be construed as granting Sandy Springs any right to make copies, excerpts or transcripts of such Information outside the area covered by this Agreement without the prior written consent of Consultant. Consultant shall maintain all books, documents, papers, accounting records and other evidence pertaining to costs incurred on the Project and used in support of its Proposal and shall make such material available at all reasonable times during the period of the Agreement and for three (3) years from the date of final payment under the Agreement, for inspection by Sandy Springs or any reviewing agencies and copies thereof shall be furnished upon request and at no additional cost to Sandy Springs. Consultant agrees that the provisions of this Article shall be included in any Agreements it may make with any subcontractor, assignee or transferee. ARTICLE 35 ACCOUNTING SYSTEM Consultant shall have au accounting system, which is established and maintained in accordance with generally accepted accounting principles. Consultant must account for costs in a manner consistent with generally accepted accounting procedures, as approved by Sandy Springs. ARTICLE 36 ENTIRE AGREEMENT This Agreement, including the exhibits, constitutes the entire agreement of the parties pertaining to the subject matter hereof and is intended as a complete and exclusive statement of promises, representations, discussions and agreements, oral or otherwise, that have been made in connection therewith. No modification or amendment to this Agreement shall be binding upon the parties unless the same is in writing, signed by the Consultant's and Sandy Springs' duly authorized representatives, subject to Sandy Springs' purchasing policies. ARTICLE 37 SEVERABILITY If any provision of this Agreement is held to be unenforceable for any reason, the unenforceability thereof shall not affect the remainder of the Agreement, which shall remain in full force and effect, enforceable in accordance with its terms. ARTICLE 38 HEADINGS This Agreement shall not be interpreted by reference to any of the titles or headings to the sections or paragraphs of this Agreement, which have been inserted for convenience purposes only and are not deemed a part hereof. ARTICLE 39 COUNTERPARTS This Agreement maybe executed in one or more counterparts, all of which together shall be deemed to constitute one and the same instrument. ARTICLE 40 GENDER AND NUMBER This Agreement shall be construed by the actual gender and/or number of the person, persons, entity and/or entities referenced herein, regardless of the gender and/or number used in such reference. ARTICLE 41 NOTICES Ali notices shall PQ A City be in writing and delivered in person or hausmitted by certified mail, postage prepaid. Notice to Sandy Springs shall be addressed as follows: y Springs 7840 Roswell Road, Building 500 Sandy Springs, Georgia 30350 ATTN: John McDonough, City Manager With copies to: City of Sandy Springs City of Sandy Springs 7840 Roswell Road, Suite 330 7840 Roswell Road, Building 500 Sandy Springs, Georgia 30350 Sandy Springs, Georgia 30350 ATTN: Wendell Willard, City Attorney ATTN: Bryant Poole, Assistant City Manager Notice to Consultant shall be addressed as follows: Kimley-Horn and Associates, Inc. 817 West Peachtree Sheet, NW Suite 601 Atlanta, Georgia, 30308 ATTN: David L. Stricklin Jr., P.E., Vice President With copies to: Kimley-Horn and Associates, Inc. 817 West Peachtree Street, NW Suite 601 Atlanta, Georgia, 30308 ATTN: Eric S. Bosman, AICP ARTICLE 42 JURISDICTION This Agreement shall Ue administered and interpreted under the laws of the State of Georgia. Jurisdiction of litigation arising from this Agreement shall be in Georgia. If any part of this Agreement is found to be in conflict with applicable laws, such part shall be inoperative, null and void insofar as it is in conflict with said laws, but the remainder of this Agreement shall be in full force and effect. Whenever reference is made in the Agreement to standards or codes in accordance with which work is to be performed, the edition or revision of the standards or codes current on the effective date of this Agreement shall apply, unless otherwise expressly stated. ARTICLE 43 EQUAL EMPLOYMENT OPPORTUNITY During the performance of this Agreement, Consultant agrees as follows: A. Consultant will not discriminate against any employee or applicant for employment Uecause of race, creed, color, sex or national origin. B. Consultant will, in all solicitations or advert isements for employees placed by, or on behalf of Consultant, state that all qualified applicants will receive consideration for employment without regard to race, creed, color, sex or national origin. C. Consultant will cause the foregoing provisions to be inserted in all subcontracts for any work covered by the Agreement so that such provision will be binding upon each subcontractor, provided that the foregoing provisions shall not apply to contracts or subcontracts for standard commercial supplies or raw materials. ARTICLE 44 TORCE MAJE URE Neither Sandy Springs nor Consultant shall be deemed in violation of this Agreement if either is prevented from performing its obligations hereunder for any reason beyond its control, including but not limited to acts of God, civil or military authority, act of public enemy, accidents, fires, explosions, earthquakes, floods or catastrophic failures of public transportation; provided, however, that nothing herein shall relieve or be construed to relieve Consultant from performing its obligations hereunder in the event of riots, rebellions or legal strikes. IN WITNESS WHEREOF, the parties hereto, acting through their duty authorized agents, have signed and sealed this Agreement. CITY OF SANDY SPRINGS, GEORGIA B y John pAcDonough, City Man�g�r ATTEST: VND^fp lao Qpj ` s By: City (SEAL) By: Fonu pprove as to Assi` ant City Attorney Date of Execution [SIGNATURES CONTINUED ON FOLLOWING PAGE] CONTRACTOR Date of Execution By:w Name: (Typed or printed name) Title ATTEST: BY: r; I LY--\�---- Secretary (SEAL) ( 0 Witness Executed in originals of four (4). 51 XL FINAL AFFIDAVIT TO SANDY SPRINGS I, , hereby certify that all suppliers of materials, equipment and services, subcontractors, mechanics, and laborers employed by ("Consultant") or any of its subcontractors in connection with the design and/or construction of (the "Project') 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 Sandy Springs on the 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 ("Consultant'), that he has read the above statement and that, to the best of his knowledge and belief, the same is an exact true statement. Notary Public My conuuissiou expires: EXHIBIT A CONSULTANT'SPROPOSAL • ..�.� � � � :• � � �' R ..� � e I City of Sandy Springs RFP # 16-012 I 1 PREPARED FOR: 1 ��g CCi�T�Y�O� A i':1.Vy."Y � ALPHARETTA � GEORGIA i ,.r i r:,a i johns Geek ' GEORGIA ' be Nee exception , �' nl )SWELL �� �E��1, SINCE 185 • �i TRTP78030.15 �, � � „� ..111 1 � 1 � � �. � � We developed our proposed methodology and technical approach from information in the Request for Proposals, the pre -proposal meeting, and our experience having conducted other facilitation, mediation, and master planning services for various counties, municipalities, school systems, and Community Improvement Districts (CIDs). Based on our understanding of the needs of the five cities and the compressed timeframe for the project, the Kimley-Horn/ Atkins team has outlined athree-phase approach to develop a consensual project list and gain approval of the list from each of the five partner cities by March 31, 2016. We offer this approach as a starting point and anticipate that it will likely need to be flexible and refined as we work with the Technical Staff Committee and with each partner city. We believe this effort should begin with collecting the initial list of projects and project data from each partner city and establishing the framework for Technical Staff meetings. From our recent experience developing Comprehensive Transportation Plans (CTPs), we bring two key background elements to help start the process quickly and efficiently. First, Cristina Pastore, one of the team's assistant facilitators and technical advisors, was the lead for the North Fulton CTP in 2010. Based on that process and experience, we have an intimate understanding of the North Fulton County area and the project list developed for the 2010 CTP. While we understand that updates, edits, and changes in priorities will need to be made, we would anticipate that the 2010 project list, agreed upon by all five cities, would serve as one of the baseline documentr for this effort. Secondly, as part of the DeKalb CTP, we developed a Microsoft Access database that populates a one- to two-page project summary sheet for transportation improvement projects. The summary sheets include the project location and limits, description, estimated budget, funding resources and mechanisms, and other critical information. This database can be modified to build a custom database to create project sheets for the North Fulton TSPLOST effort. As a first step, we recommend convening akick-off meeting with the Technical Staff Committee to establish a clear starting point, identify and document the process and TSPLOST objectives, and determine a series of ground rules and communication protocols for Technical Committee meetings and the overall process. We will facilitate a discussion of TSPLOST aspirations, come to a general agreement on evaluation criteria for TSPLOST projects, and review an example project data sheet in order to discuss and agree upon the information to be gathered and displayed on the project sheets. We expel that the Technical Staff Committee will need 1-2 weeks to compile and submit the information for each project on their list. During this time, we recommend conducting a facilitation team interview with City staff and manager, if appropriate, for each of the five cities. The interviews would provide an opportunity for our facilitation team to meet individually with each city to understand their goals, projects, needs, aspirations, and desired outcomes. These candid conversations will provide an early opportunity for cities to clarify their goals and desired outcomes for the TSPLOST process and project list while providing our team valuable insight before the majority of facilitation meetings take place. As project data sheets are submitted by each city, the consulting team will review each project, follow up with any questions, and develop preliminary maps, factr, figures, tables, listr, and other comparative information needed to inform and guide Technical Staff Committee working sessions. Based on the information and insight gathered in Phase t, including the initial list of projects provided by each City, the Technical Staff Committee will begin meeting on a weekly basis to build, review, discuss, adjust, and modify the preliminary project list. Based on the limited timeframe and importance of staying on schedule, we are proposing a facilitation team of one lead facilitator, Eric Bosman, and two assistant facilitators, Taylor Wright and Cristina Pastore, so that each roundtable meeting will be led by at least two facilitators. We anticipate up to four roundtable meetings of the Technical Staff Committee during this phase to: 1. Confirm the initial project list, discuss any new cross - jurisdictional projects that have not been included, participate in an initial sorting of projects by timeframe (5-, l0-, 15 -,and 20 -year plan increments), and review project data sheets. TRTPIEG3Q15 ' Kimley»>Horn Ce'�t4@I'�a5 RFP # 16-012 NORTH FULTON TSPLOST PROJECT CONSULTANT Following this meeting, the Kimley-Horn/Atkins team will complete a draft project binder with data sheets for each project. 2. Develop a preliminary funding strategy based on the projected TSPLOST revenue and update/re-sort the preliminary project list. 3. Review, discuss, and update the draft project list. Our team will finalize the final project binder with project data sheetr as the conclusion of this step. 4. Review, discuss, and confirm the project list for review by City leaders. During this key phase of work, our team will coordinate with and involve other stakeholders, such as the Georgia Department of Transportation (GDOT), Atlanta Regional Commission (ARC), Georgia Regional Transportation Authority (GRTA), Metropolitan Atlanta Rapid Transit Authority (MARTA), and Fulton County, if and as necessary. We will structure each Technical Staff Committee meeting to get the most out of our time together as a working group. We also will document each work session, compile meeting minutes, and develop action items after each Technical Staff Committed meeting. There are several keys to conducting successful Technical Staff Committee meetings during this timeframe. We believe that good facilitation fosters a positive, constructive environment for discussion and decision-making and we will use a variety of facilitation techniques, feedback mechanisms, and visual tools to maintain a high level of energy and interaction during committee work sessions. While discussion is important to the process, we also see our role as keeping the process moving and being mindful that the short timeframe afforded for this effort will necessitate that project meetings and progress continue to move forward. Our goal is to foster a lively atmosphere for Technical Staff Committee meetings that allows for constructive discussion but also pushes the process forward to have a project list for review by City leaders by the beginning of March. Beginning in early March, we will assist City staff in presenting the recommended project list to City leaders in an informal review meeting (one with each partner City). We will develop the complete draft list and executive summary report by March i l and will present the document to the Technical Staff Committee for review and comment. Following that the committee's review, we will conduct City Council work sessions and City Council or Mayor meetings, as directed by each City, to facilitate approval by each City on or about March 31, 2oi 6. If needed, an additional Technical Staff Committee meeting will beheld in mid- to late March to review City leader feedback and modify or adjust the project list as necessary. TRTPI&]3QI5 � Kimley»>Horn �"�i<�P��IS RFP # 16-012 NORTH FULTON TSPLOST PROJECT CONSULTANT PAST EXPERIENCE �iflJl�V(i:��i�:1�ILJ�f�� Project Manager and Lead Facilitator Eric is an experienced urban designer, community planner, and facility planner. Over the last 18 years, he has assisted communities, community improvement districts (CIDs), educational systems, and other organizations as a facilitator, planner, designer, and project manager. As a planner and urban designer, Eric has helped transform and revitalize communities throughout the Southeast. Many of his efforts combine community design, land use planning, market analysis, and transportation planning to create more vibrant, livable communities. As a project manager, Eric has created implementation strategies to guide and manage several multimillion dollar public improvement programs. Almost all of Eric's professional projects include public involvement sessions to gather community input as an integral part of the planning and design process. He is an accomplished presenter and instructor, and has conducted numerous professional development seminars on leadership skills, group dynamics, and communications. RELEVANT EXPERIENCE North Fulton CID, Blueprint North Fulton 2.0, Alpharetta, GA —Project Manager ® Airport West CID, Comprehensive Planning and Traffic Studies, Atlanta, GA —Project Manager Blueprint Midtown Planning/Implementation Strategies, Atlanta, GA —Principal-in-Chargex Cumberland CID Master Plan, Marietta, GA —Project Manager Perimeter Park @Dunwoody Station, Dunwoody, GA — Plannerf Public Engagement Midtown Atlanta and Central Atlanta Progress Connector Study, Atlanta GA —Project Manager* Buckhead Action Plan, Atlanta, GA —Project Manager SunTrust Park (new Atlanta Braves stadium), Cobb County, GA —Planner/Urban Designer Greer CommunityMaster Plan, Greer, SC —Planner/Urban Designer Civic Master Plan, Jackson, TN —Project Manager Downtown Master Plan, Alpharetta, GA —Project Manager Dunwoody Urban Planning Services, Dunwoody, GA —Community Development Advisor Project Renaissance Parks, Dunwoody, GA —Urban Designer/Public Engagement Dunwoody Village and Georgetown/North Shallowford Community Area Master Plans, Dunwoody, GA —Project Manager Completed prior to joining Kimley-Horn TRiPIWl0.15 � s Kimley»>Harn F��lCf��t�5 a I d a RFP # 16-012 NORTH FULTON TSPLOST PROJECT CONSULTANT For decades, the Kimley-Horn/Atkins team has performed each of the services described in the RFP on projects across the country. Our core team of facilitators will leverage the knowledge gained from previous similar efforts to ensure the successful and seamless delivery of a TSPLOST facilitation project for North Fulton County. Our work includes projects for: North Fulton County via ARC E� North Fulton CID DeKalb County Gwinnett County Cobb County Cumberland CID Midtown Alliance w Perimeter CID Buckhead CID Airport West CID Central Atlanta Progress Atlanta Downtown Improvement District ® Atlanta BeltLine $ Atlanta Braves Atlanta Falcons Atlanta Public School System Dougherty County School System For this proposal, we have provided a small sample of our relevant project experience to demonstrate facilitation, transportation, and planning capabilities. These projects are described in more detail below and on the following pages. SAMPLE PROJECTS North Fulton Comprehensive Transportation Plan (CTP) Fulton County, GA The North Fulton CTP was a unique opportunity in regional planning, bringing six distinct cities together to develop regional consensus on multimodal transportation priorities and shared policies for their subarea. Through coordination with the ARC, the cities worked with the Kimley-Horn team to evaluate regionally significant, cross -jurisdictional projects that could be recommended for inclusion in the Regional Transportation Plan. Through strong technical analysis, modeling, and numerous levels of stakeholder involvement with city staff, mayors, city councils, and the public, Kimley- Horn compiled a fiscally conscious and implemeritable list of priority projects. Kimley-Horn's policy recommendations focused on access management overlays, transportation demand management strategies, transit expansion, land use planning, bike and pedestrian mobility improvements, and ATMS coordination between cities. All six city councils unanimously voted to adopt the transportation plan. 1RiPi£Vk115 � " Kimley»)Horn !`�TKIE�� RFP # 16-012 NORTH FULTON TSPLOST PROTECT CONSULTANT � �' � � ,, i•:. � � Kimley-Horn worked closely with DeKalb County staff, elected officials, stakeholders, and the public to develop a successful CTP that is now serving as the guide for transportation investments and policy decisions. The planning process included a robust public involvement plan that maximized outreach to different audiences using a diverse array of methods. These included public meetings, focus groups, stakeholder meetings, involvement in community events, and a strong online presence that featured regular social media blasts, live online meetings, and an interactive website for reaching those too busy to attend traditional public meetings. The development of the CTP required an intense multi -tiered evaluation process in which more than 3,000 projects were considered. These projects included those from the previous unconstrained plan that was never adopted. The resulting multimodal CTP includes recommendations for key roadway improvements, east -west connections, critical transit projects, and bicycle and pedestrian projects. A priority was placed on investments that will better use the existing transportation system through resource management (e.g., asset and access management, ATMS, and transportation demand management). Project selection was tightly constrained by existing available revenue, so Kimley-Horn also explored innovative funding options that could provide future opportunities to create and leverage local funding. To add value for the County, Kimley-Horn streamlined the planning process by reducing excessive documentation and travel demand modeling to dedicate more resources to other priority tasks. In addition to the final recommendations report, Kimley-Horn provided DeKalb with individual fad sheets for the constrained set of priority projects. The DeKalb County CTP project was recognized with a PEDS' 2014 Golden Shoe award in the "Pedestrian -Friendly Public Engagement" category for using intense, multilingual outreach that engaged diverse communities throughout the County. The DeKalb CTP also was recognized with a 2015 Georgia Planning Association Outstanding Planning Process (Large Community) Award. Cobb County SPL®ST Transportation Improvement Program Management Cobb Countv. GA Cobb County voters approved a one percent sales tax for the funding of transportation improvement programs (TIP) in 1985, 1990, 1994, 2005, 2011, and 2015. To meet the demands of these ambitious programs, the County chose to outsource program management assistance, construction services, and pre -construction services. Atkins, in partnership with ARCADIS and Croy Engineering, was selected to provide these program management services. The Atkins team has performed as an integral part of the Cobb County DOT, coordinating the activities of numerous consultants, contractors, utilities, and agencies for the successful completion of more than $1.5 billion in transportation improvements. These programs included more than 500 construction contrails consisting of major roadway construction and widening, bridge construction and rehabilitation, shoulder widenings, intersection improvements, resurfacing, and sidewalk improvements. ` Program management assistance included the complete responsibility for establishing and maintaining the program's budget, schedule, and cash flow. This required constant coordination with the County`s finance and budget divisions in order to provide adequate reporting and forecasting to the Board of Commissioners (BOC), Oversight Committee, and other interested parties. These services also included the coordination and monitoring of all right-of-way acquisition activities through all project phases from concept, engineering, appraisal and acquisition, to construction and contract closeout/remnant disposition. TRTPIFil30.15 s Kimley»Horn ��TE<I��ts II � Fit • ( tic.... 1 1 r• r •i . r. I �• / / r 1 •r ' /• • rr•r r• • 1 1 1 it ' 11: r/ r r • r r 1 � r .r / r r./ r r •1 r • 1 t r� 1 •r r •/r '. r �•/ / 1 r • / r r r � / /r• . / 1 / •r � r. r r r• r r / I r 41 I le ee 1, elle le k Ile el ppp te PFF a u Iel+ J <? 144 ler ee 41 Ile 1 t#:41 1 1• I • 1 1 y _ � 3 n t �s v r i 3 D d d 6 D J RFP # 16-012 NORTH FULTON TSPLOST PROJECT CONSULTANT QUALIFICATIONS AND OVERVIEW OF THE TEAM �I�E��f anNl����If�N Legend Kimley-Horn ' Atkins = ���r l�f�if��-f���N/��ftf�s `I`�� JOINT VENTURE STRUCTURE For the North Fulton TSPLOST Project Consultant effort Kimley-Hom is the lead consulting firm. Eric Bosman will serve as our project manager and will enwre contrail compliance, fadlitate team communiation,complete invoice wbmittals, and enwre other project management tasks are executed effidently and effectively. TR7RI�J0.15 Kimley>»Horn �'�Ti�lt�t5 RFP '� 16-012 NORTH FUlTON TSPLOST PROJECT CONSULTANT TEAM EXPERIENCE In addition to Eric, who will serve as our lead facilitator, our team includes Taylor Wright, of Atkins, and Cristina Pastore, of Kimley-Horn, who will serve as assistant facilitators/technical advisors. To support Eric, Taylor, and Cristina, the Kimley-Horn/ Atkins team features a robust team of senior advisors with transportation planning and engineering experience, including Ed Ellis, Mike Lobdell, Allison Fluitt, Chris Squires, Rob Ross, and Denny Meier. This team of advisors is a resource that will meet two to three times internally to review the project list and identify connections, gaps, funding, and other details critical to project success. Further supplementing this team will be iwo project support teams: the Atkins team will focus on roadway projects as well as charts and financial schedules and the Kimley-Horn team will concentrate on GA 400 and trail and sidewalk projects as well as graphic and maps. Below are details on these team members' experience. 7ayior �trtgtt, PE. ��- � Assistant Facilitator/Lead Advisor -= 'Taylor has 22 years of experience in transportation design programs and more than 19 years of experience in program management roles throughout the metro Atlanta area. He served as the project for two years on the Cobb County SPLOST program management team as well as the liaison for consultant design projects. He has served in the lead role for the DeKalb County HOST program management project over the last 16 years and as the program manager for the North Fulton CID for the last 6 years. As program manager, Taylor has been responsible for the coordinating and tracking consultant design projects, facilitating reviews with state and federal staff, reporting program status to county staff and administration, and coordinating right-of-way acquisition construction management services. He frequently assists clients with developing planning -level cost estimates and schedules as part of transportation plans for sales tax ptograms. Taylor also is the division manager for Atkins' county and municipal projects throughout the Southeast. Cristina Pastore, ACCP PE. Assistant Facilitator/Lead Advisor Cristina has experience in a wide variety of �'' �'� transportation planning and traffic engineering projects for both public and private sector clients. Her breadth of experience gives her the ability to develop big picture visions that do not lose sight of the smaller details of operation and design that are crucial to successful implementation. Cristina is currently managing the City of Milton's CTP Update. She successfully led the most recent DeKalb County CTP Update and was the project manager on the North Fulton CTP. She also was one of the key team members working on IT3 (Investing in TomorroNls Transportation Today)—a look at Georgia`s transportation infrastructure and investment strategy through an economic lens. � ,�: 1 Nikfei Reu@anger, C?E, =�' i Support Staff Nikki is a senior transportation engineer at Atkins with 17 years of experience in the design and program management of transportation projects. Her past 10 years of experience has been in program management for several local counties and CIDs. Nikki is familiar with GDOT`s design standards, specifications, plans presentation, and plan development process (PDP). She has supported several GDOT projects, from concept through final plans and construction. Ana Eisers¢r�an, PE, Support Staff Ana has a background in engineering paired with participation in projects that emphasize Complete Streets design and policies. She has completed several scenario planning projects and has extensive experience using GIS software, which she has used to present planning -level traffic analyses and alternatives in a visual, easily understandable manner. She managed the inventory and analysis of the DeKalb CTP and developed a GIS tool to evaluate more than 3,000 projects. Ana also oversaw the development of the Access database that was used to populate the project fact sheets for more than 220 projects. � Robert Binder Support Staff £' � ?' Since joining Kimley-Horn and throughout his � � .!> engineering and planning education, Robert has completed numerous transportation plans, including the DeKalb CTP, multiple LCI studies, parking plans, and corridor- levelstudies. He is currently serving as the lead analyst on the Milton CTP Update. iarria�xiis 8 KlmleyN7Horn �`S�rK(�"`�a"� RFP # 16-012 NORTH FULTON TSPLOST PROJECT CONSULTANT Cody:Canni Support Staff After earning her Bachelor of Landscape Architecture degreefrom Clemson University, Cody joined Kimley-Horn and began working on multiple planning projects under Eric. Cody produces graphics, concept design plans, public meeting presentations, and other illustrations and planning documentr. She was instrumental in creating the restructuring plan for the Jackson -Madison School System in Tennessee. Beth TucCcer ,,,- Support Staff z� Beth brings 8 years of technical writing and editing, 4 years of marketing, and more than a year of transportation and land use planning experience. She is currently pursuing a graduate planning and design degree from the University of Georgia's College of Environment + Design while jointly taking courses at the Georgia Institute of Technolog)/s School of Ciry and Regional Planning. Beth's writing, planning, marketing, and graphic design skills enable her to produce illustrations, charts, figures, and other graphics to create visually appealing documents that easily and effectively communicate messages to a wide range of audiences. Ed Ellis, BE. Senior Advisor Ed is a project director and transportation engineer who serves as a senior advisor to Kimley-Horn's Southeast region. He worked for 6 years with GDOT and has been an engineering consultant serving public and private clients for 43 years. Ed has been responsible for more than 200 traffic studies and has been providing transportation engineering services in Atlanta since 1972. His clientr have included the GDOT, GRTA, ARC, MARTA, and many cities and counties in the Atlanta area. Ed also has assisted eight of the Atlanta -area CIDs. r ,. Mifte Lobde6l, PE. i, Senior Advisor � � �j Mike is an experienced project manager �� — � and 17-yearveteran of GDOTwith a diverse background in the delivery of transportation infrastructure. His recent project experience includes the reconstruction of the I-285 at GA 400 interchange. Mike has led teams through all phases of project development, including concept development, public and stakeholder engagement, survey coordination, plan production, NEPA documentation, right-of- wayacquisition, construction documents preparation, and post- lettingservices. Mike's specialties include negotiating win/win solutions on encroachment permits; finding innovative solutions to issues identified in planning studies; and developing projects to address safety and operation concerns. AtE'sSop� Ftuitt, AEC€; t?E. �; � Senior Advisor �... �: Allison has 12 years of experience in transportation planning, including financial planning, project development and evaluation, bicycle and pedestrian planning, and transportation demand management. She is recognized as an expert in performance-based planning and has led the development of more than a dozen MAP-21- compliantplans. Allison's focus on metropolitan and urban plans has allowed her to collaborate with state DOTS across the country in the development of financially constrained plans that best serve the needs of member jurisdictions. Chris Squires, I?E. Senior Advisor Chris is a transportation engineer who provides ®"" � project direction on a range of transportation projects. His principal areas of practice include regional and traffic impact analysis associated with public and private development, impact fee studies, preparation of signal timing plans, and preparation of signal design plans. Chris assisted with completing the North Fulton CTP. ��-- � €Jenny��feier,R.E. Senior Advisor Denny serves as a vice president/senior practice manager for Atkins' Georgia, Alabama, and Mississippi transportation services operations. He has 34 years of experience in the design, planning, and program management of transportation improvements for county and state agencies. Dennt/s previous experience included eight years of program management expertise for Cobb County`s one percent SPLOST program. As preconstrudion director for the Cobb program, Denny was responsible for developing and managing project costs and schedules for all of the Countys SPLOST transportation projects. TRTPiPOHUS 9 Kimlev»3Horn �TKYt1S LYNANWII, I I ' RESPONSE SIGNATURE AND CERTIFICATION I certify that this Response is made without prior understanding, agreement, or connection with any corporation, firm, or person submitting a Response ("Offeror') for the same materials, supplies, equipment, or services and is in all respects fair and without collusion or fraud. I understand collusive bidding is a violation of state and federal law and can result in fines, prison sentences, and civil damage awards. I agree to abide by all conditions of the Response and certify that I am authorized to sign this Response for Offeror. I further certify that the provisions of O.C.G.A. § 45-10-20, et seq. have not been violated and will not be violated in any respect. "/ f� � , Authorized Signature for Offeror: ,/>� � � / Date: ��" '�� Printffype Name: David L. Stricklin Tr. Print/Type Offeror Name Here: Kimley-Horn and Associates, Inc. Email Address davidstricklin@lcimley-horn.com s �? CORPORATE CERTIFICATE I, Emmy Montanye ,certify that I am the Secretary of the company named as Offeror in the foregoing Response; that David L. Stricklin, Jr. ,who signed said Response in behalf of the Offeror, was then (title) Vice P,•esident of said company; that said Response was duly signed for and in behalf of said company by authority of its Board of Directors, and is within the scope of its corporate powers; that said company is organized under the laws of the State of Georgia. This day of e _ t }Qwv a . 12015, Kimley-Horn and Associates, Inc. (Company- Legal Corporate Name) 1prS2 (SignaturW v (Seal} 3 9 SEAL a a a a ) EXHIBIT A a CERTIFICATION OF CONSULTANT DRUG-FREE WORKPLACE I hereby certify that I am a principle and duly authorized representative of ) Kimlev-Horn and Associates, Inc. ("Consultant"), whose address is ) 817 West Peachtree Street NW, Suite 601, Atlanta, GA 30308 and I further certify that: ) (1) The provisions of Section 50-24-1 through 50-24-6 of the Official Code of Georgia Annotated, relating to the "Drug -Free Workplace Act" have been complied with in full; and � (2) A drug-free workplace will be provided for Consultant's employees during the performance of the Agreement; and • (3) Each subcontractor hired by Consultant shall be required to ensure that the subcontractor's employees are provided adrug-free workplace. Consultant shall secure from ' that subcontractor the following written certification: "As part of the subcontracting agreement with Consultant, certifies to Consultant that adrug-free workplace will be provided for the subcontractor's employees during the performance of this Agreement pursuant to paragraph (7) of subsection (b) of the Official Code of Georgia Annotated, Section 50-24-3'; and 3 (4) The undersigned will not engage in unlawful manufacture, sale, distribution, dispensation, possession, or use of a controlled substance or marijuana during the performance of the Agreement. CONSULTANT Date: Signature: Title: Vice President 15 EXHIBIT B CONTRACTOR AFFIDAVIT UNDER O.C.G.A. § 13-10-91(8)(1) 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 Sandy Springs 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: 412062 Federal Work Authorization User Identcation Number January 2009 Date of Authorization Kimley-Horn and Associates, Inc. Name of Contractor North Fulton - TSPLOST Project Consultant, RFP # 16-012 Name of Project Name I hereby declare under penalty of perjury that the foregoing is true and correct. of Authorized Officer or Agent David L. Sh•icklin, Jr., Vice President Printed Name and Title of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS NOTARY Puauc LORI SANDERS NOTARY PUELIC My Commission E�:pires: _ - `f FULT®N COUNTY, GEORGIA r a D G a >, a a v EXHIBIT C AFFIDAVIT VERIFYING STATUS FOR CITY PUBLIC BENEFIT APPLICATION By executing this affidavit under oath, as an applicant for a City of Sandy Springs, Georgia Business License or Occupation Tax Certificate, Alcohol License, Taxi Permit, execution of contract or other public benefit as referenced in O.C.G.A. Section 50-36-1, I am stating the following with respect to my application for a City of Sandy Springs license/permit and/or contract for [Name of natural person applying on behalf of individual, business, corporation, partnership, or other private entity] 1) X I am a United States citizen m 2) I am a legal permanent resident 18 years of age or older or I am an otherwise qualified alien or non-immigrant under the Federal Immigration and Nationality Act 18 years of age or older and lawfully present in the United States In making the above representation under oath, I understand that any person who knowingly and willfully makes a false, fictitious, or fraudulent statement or representation in an affidavit shall be guilty of a violation of Code Section 16-10 20 of the Official Cade of Georgia. Signature of Applicant:=-�`-�� ��'"" � Date � i_�; �'� `' Printed Name: David L. Stricklin, Tr. *Alien Registration number for non -citizens **PLEASE INCLUDE A COPY OF YOUR PERMANENT RESIDENT CARD, EMPLOYMENT AUTHORIZATION, GREEN CARD, OR PASSPORT WITH A COPY OF YOUR DRIVER'S LICENSE 6F YOU ARE A LEGAL PERMANENT REST®ENT (#2). SUBSCRIBED AND SWORN BEFORE�ME ON THIS THE DAY OF f �� � �' L `� =� �. Notary Public: � t..�' ��� = �-- LORI SANDERS My Commission Expires: ,�. � �t�s {� =( NOTARY PUBLIC EULTON COUNTY, GEORGIA 'Note: O.C.G.A. § 50-36-1(e)(2) requires that aliens under the federal Immigration and Nationality i � z � �- `-'��r Act, Title 8 U.S.C., as amended, provide their alien registration number. Because legal permanent residents are included in the federal definition of "alien", legal permanent residents must also provide their alien registration number. Qualified aliens that do not have an alien registration number may supply another identifying number below.' 17 EXWIBIT CERTIFICATION OF CONTRACTOR GEORGIA SECURITY AN®IMMIGRATION COMPLIANCE ACT I hereby certify that I am a principal and duly authorized representative of ICimley-Horn and Associates, Inc. ("Contractor'), whose address is 817 West Peachh�ee Street NW, Suite 601 Atlanta GA 30308 Contractor hereby agrees to comply with all applicable provisions and requirements of the Georgia Security and Immigration Compliance Act of 2006 (the "Act"), as codified in O.C.G.A. Sections 13-10-90 and 13-10-91 and regulated in Chapter 300-10-1 of the Rules and Regulations of the State of Georgia, "Public Employers, Their Contractors and Subcontractors Required to Verify New Employee Work Eligibility Through a Federal Work Authorization Program," accessed at h(€p:!/www.do/.state.ga.us, as further set forth below. Contractor agrees to verify the work eligibility of ail of newly hired employees through the U.S. Department of Homeland Security's Employment Eligibility Verification (EEV) /Basic Pilot Program, accessed through the Internet at(�€€psar`�a�ww.vrs-dlrs.eornlErnpto}�erRegis€ra€iorr, in accordance with the provisions and timeline found in O.C.G.A. 13-10-91 and Rule 300-10-1-.02 of the Rules and Regulations of the State of Georgia. As of July 1, 2007, the verification requirement applies to contractors and subcontractors `with five -hundred (500) or more employees. Contractor understands that the contractor and subcontractor requirements of the Act apply to contracts for, or in connection with, the physical performance of services within the State of Georgia. Contractor understands that the following contract compliance dates set forth in the Act apply to the Contract Agreement, pursuant to O.C.G.A. 13-10-91: On or after July 1, 2007, to public employers, contractors, or subcontractors of 500 or more employees; On or after July 1, 2008, to public employers, contractors, or subcontractors of 100 or more employees; and On or after July 1, 2009, to all other public employers, their contractors, and subcontractors. To document the date on which the Act is applicable to Contractor, and to document Contractor's compliance with the Act, the undersigned agrees to initial one of the three (3) lines below indicating the employee number category applicable to Contractor, and to submit the indicated affidavit with the Contract Agreement if the Contractor has 500 or more employees Contractor has: ` 500 or more employees [Contractor must register with the EmploymenbEligibility Verification/Basic Pilot Program and begin work eligibility verification on July 1, 20071; 100-499 employees [Contractor must register with the Employment Eligibility Verification/Basic Pilot Program and begin work eligibility verification by July 1, 20081; or 99 or fewer employees [Contractor must begin work eligibility verification by July 1, 20091. Contractor further agrees to require O.C.G.A. Sections 13-10-90 and 13-10-91 compliance in all written agreements with any subcontractor employed by Contractor to provide services connected with the Contract Agreement, as required pursuant to O.C.G.A. 13-10-91. Contractor agrees to obtain from any subcontractor that is employed by Contractor to provide services connected with the Contract Agreement, the subcontractor's indication of the employee number category applicable to the subcontractor. Contractor agrees to secure from any subcontractor engaged to perform services under this Contract an executed "Subcontractor Affidavit," as required pursuant to O.C.G.A. 13-10-91 and Rule 300-10-1-.08 of the Rules and Regulations of the State of Georgia, which rule can be accessed at http:11wwuwr.dol, state, ga.us, Contractor agrees to maintain all records of the subcontractor's compliance with O.C.G.A. Sections 13-10-90 and 13-10-91 and Chapter 300-10-1 of the Rules and Regulations of the State of Georgia. CONTRACTOR �, r, r`✓ Date: Signature: �✓ Title: Vice President 19 EXHIBIT B DESCRIPTION OF PROJECT Fulton County is considering a referendum for citizen consideration of a Special Purpose Local Option Sales Tax (SPLOST). It is a county -wide sales tax used to fund capital outlay projects proposed by the county government and participating municipal governments. A Transportation SPLOST is simply a sales tax where the capital outlays are intended for transportation purposes only. Based on legislation passed in the 2015 General Assembly, the law now allows for an additional sales tax for transportation and this increase will NOT affect any other local sales and use tax. (See O.C.G.A 48-8-269.4) Except as provided in Code Section 48-8-6, the tax authorized under this article shall Ue in addition to any other local sales and use tax. Except as otherwise provided in this article and except as provided in Code Section 48-8-6, the imposition of any other local sales and use tax within a count} or qualified municipality within a special district shall not affect the authority of a county to impose the tax authorized under this article and the imposition of the tax authorized under this article shall not affect the imposition of any otherwise authorized local sales and use tax within the special district. If a Fulton County TSPLOST is passed, there is a heavy emphasis on improving economic development, mobility and safety which should make the County and local municipalities more competitive in attracting industry and relieving the tax burden on residential development. There are other opportunities to leverage local TSPLOST funds with federal, state and other local (i.e. CID) dollars to bring even more needed projects to the county. Assuming the maximum special district sales rate of 1% is leveraged for five years, Fulton County and its municipalities will generate approximately $1.2 billion from 2017-2021 according the ARC. The actual tax will last five years. Project construction will extend beyond this five year period. This relatively short timeframe limits the amount of funding which can be collected. Expensive major capital expansions, or projects which require significant long-term operating and maintenance costs, will be a challenge to include on any list. Funds for Transportation projects can only be spent on "hansportationpnrposes".48-8- 260(5)) - (S) 'Transportation purposes' means and includes roads, bridges, public transit, rails, airports, buses, seaports, including without limitation road, street, and bridge prnposes pursuant to paragraph (1) of subsection (b) of Code Section 48-8-121, and all accompanying infrastructure and services necesscuy to provide access to these transportation facilities, including new general obligation debt and other multiyear obligations issued to finance such purposes. Such purposes shall also inchrde the retirement of previously incurred general obligation debt with respect only to such purposes, but only if an intergomrmnental agreement has been entered into under this article.) The North Fulton County City elected offi cials would like to prepare a project list for the TSPLOST program that supports local city's transportation needs as well as regional needs, not only for North Fulton County, but for all of Fulton County. To this endeavor, the list must be compiled thoughtfully and expeditiously so that it can be shared with other Fulton County municipalities once adopted by each of the North Fulton County cities. EXHIBIT C SCOPE OF SERVICES The following approach and scope of services was developed in December 2015 and January 2016 in consultation with representatives of the five cities (Alpharetta, Johns Creek, Milton, Roswell, and Sandy Springs). The initial approach was submitted on December 11, 2015, modified in our offer letters dated December 24, 2015 and January 11, 2016, and agreed to by the City Managers of all five cities on January 29, 2016, PHASE 1: PROJECT DATA COLLECTION As a first step, a kick-off meeting of up to 3 hours in length will be conducted with the Technical Staff Committee to establish a clear starting point, confirm the process/project schedule, identify TSPLOST objectives, and develop a series of ground rules and communication protocols for Technical Conurrittee meetings and the overall process. At the kick-off, meeting Kimley-Horn will facilitate a discussion of TSPLOST aspirations and potential evaluation criteria for TSPLOST projects. We will also review an example project data sheet in order to discuss and agree upon the information to be gathered and displayed from each city regarding each transportation project to be submitted and considered within the process. The North Fulton CTP will serve as part of the foundation for the Kick-off meeting and TSPLOST project list. In addition to reviewing the North Fulton CTP project list at the kick-off meeting, the team will also present the project sheets and project evaluation criteria from the North Fulton plan with the Technical Committee. Following the kick-off meeting, the Kimley-Hour team will prepare a project information file to be distributed to each of the five cities. The data file will provide an electronic format for each city to gather and submit their project list and project information to the planning team. We will allot a period of t<vo weeks for each city to compile and submit their initial project list and data. During this time, we will conduct a project interview, up to 2 -hours in length, with representatives of each of the five cities. The interviews will provide an opportunity for the Kinrley-Horn team to meet individually with each city and better understand each City's needs, goals, projects, aspirations, and desired outcomes prior to the Technical Committee work sessions in Phase 2. As project data sheets are submitted by each city, the consulting team will review each project including any proposed project construction budgets and schedules, follow up with each City's designated contact with any questions, and develop summary information to inform and guide Technical Staff Committee working sessions. PHASE 2: PROSECT LIST I3EVELOPMEN T Based on the inforYnation and insight gathered in Phase 1, including the initial list of projects provided by each City, the Mmley-Horn team will facilitate up to 3 roundtable meetings with the Technical Staff Committee. Each roundtable meeting will be led by no fewer than two Kimley-Horn team facilitators, and up to 6 hours will be allotted for each roundtable meeting. The following tasks will be accomplished as part of the three roundtable meetings: 1. Confirm and review the initial project list submitted by the five cities 2. Identify and discuss cross jurisdictional projects 3. Create a master project list in three time increments: o The 5 -year North Fulton TSPLOST List o A mid -teen (5-10 year) project list o A long-term (10-20 year) project list 4. Develop and refine a preliminary finding strategy for the master project list including identification of TSPLOST Rinds that may be allocated to general categories including maintenance and repaving, local projects, and cross jurisdictional projects 5. Consider additional projects offered by the Kimley-Horn team and participating Cities during the roundtable process 6. Adjust and refine project lists based upon committee discussion, city input, and the anticipated revenue from a 5 -year TSPLOST 7. Develop a draft project list for review and consideration by each city by March 31, 2016 Tluoughout the Technical Committee process, the Kimley-Hour team will: • Document each work session, compile meeting minutes, and develop action items • Coordinate with and invite other stakeholders from GDOT, ARC, GRTA, and/or Fulton County to participate in Technical Committee meetings, if and when necessary • Develop and refine project data sheets. Project data sheets will be in a one-page format for each project. The level of detail concerning projects will be greater for projects within the 5 -year North Fulton TSPLOST list, while projects in the mid and long-term tiniefiames may be more general. Ari electronic binder (in PDF format) will be provided by March 31, 2016, PHASE 3: PROJECT' LIST RF,FINEMENT AND APPROVAL In Apri12016, the Kimley-Horn team will assist City staff in presenting the draft project list to city leaders in an informal review meeting (one with each partner City). Based on city feedback and input, a final draft list and executive summary report will be developed by April 15, 2016 and reviewed with the Technical Staff Committee in a roundtable meeting. Following the committee's review, we will conduct one formal meeting with each City (Mayor's Meetiug, City Council work session, or City Council Meeting) to request approval of the project list by April 30, 2016. EXHIBIT D DELIVERABLES As a product of this Agreement, the Consultaut will provide: 1. A master project list in three time increments: o The 5 -year North Fulton TSPLOST List o A inid-tens (5-10 year) project list o A long-term (10-20 year) project list 2. An Executive Summary Document (up to 16 pages or 8 two-page spreads in length) that includes the 5 -Year TSPLOST Project List and public information regarding the list and identified projects. 3. A "Project Binder" in electronic, PDF format including one-page project data sheets and other tables, graphics, maps, and project lists as may be developed during this process. EXHIBIT E SCHEDULE OF TIME AND PERFORMANCE OF WORK Consultant shall have 90 days from the Notice to Proceed to complete the work associated with this Agreement. The schedule below if for informational purposes and is subject to change based upon the availability of city staff and officials. Monday I Tuesday I Wednesday 1 Thursday I Friday 2/1 2/2 2/3 2/4 2/5 1 2/91 2/10 2/11 2/12 2 Technical Committee Mtg. 2/15 2/16 2/17 2/18 2/19 3 _ 2/22 _..2/23 .2/241 _. 2/2S _.... 2/26 4 Possible City Interview Dates 2/291 _... ........3.11.. 3.2 3/3 _3/4 5 Possible City Interview Dates 3/7 3/81.. _ 319 3/10.... 3/11 6 Technical Committee Mtg, 3/14 3/151 Vill 3/18 7 Technical Committee Mtg. (16th PM or 17th) FTe I 3J24_. 3/25 8 mical3/21 3J22�tee Mtg. _.... 3/28....._ .._3/29 3/301 _________.,3/3>.� 4/1 9 j Project Listand Binder Complete j 4/4 4/5 4/6 4/7 4/8 10 Spring Break for local schools 4/111 4/121 4 13 11 City Leader Review Meetings Exec.Summary 1 1 Complete _— 4/18 ..... _ 4/191.... 4/20. 4/211 4/22 12 Co unci) Meetings 4/251 4/27. ...4/28 _. 4/29 13 Counci l Meetings !i EXHIBIT F COMPENSATION AND PAYMENT FOR CONSULTANT SERVICES Sandy Springs shall pay the Consultant an amount equal to one hundred sixty-six thousand dollars ($166,000). This lump sum fee includes direct expenses including telecommunications, in-house reproduction, postage, supplies, project related computer time, and local mileage. EXIIIBIT G CERTIFICATION OF CONSULTANT - DRUG-FREE WORKPLACE (Attached from proposal.) a a a a a EXHIBIT A CERTIFICATION OF CONSULTANT DRUG-FREE WORKPLACE I hereby certify that I am a principle and duly authorized representative of i Kiniley-Horn and Associates, Inc. ("Consultant"), whose address is 817 West Peachtree Street NW, Suite 601, Atlanta, GA 30308 and I further certify that: (1) The provisions of Section 50-24-1 through 50-24-6 of the Official Code of Georgia Annotated, relating to the "Drug -Free Workplace Act" have been complied with in full; and (2) A drug-free workplace will be provided for Consultant's employees during the performance of the Agreement; and (3) Each subcontractor hired by Consultant shall be required to ensure that the subcontractor's employees are provided a drug-free workplace. Consultant shall secure from WF that subcontractor the following written certification: "As part of the subcontracting agreement >. with Consultant, certifies to Consultant that a drug-free workplace will be provided for the subcontractor's employees during the performance of this Agreement pursuant to paragraph (7) of subsection (b) of the Official Code of Georgia Annotated, Section 50-24-3"; and (4) The undersigned will not engage in unlawful manufacture, sale, distribution, dispensation, >, possession, or use of a controlled substance or marijuana during the performance of the Agreement. CONSULTANT: Date: Signature: c 3 Title: Vice President ) 3 ) ) 8 a EXHIBIT H GEORGIA SECURITY AND IMMIGRATION COMPLIANCE ACT CERTIFICATION (Attached froin proposal.) EXHIBIT D CERTIFICATION OF CONTRACTOR GEORGIA SECURITY AND IMMIGRATION COMPLIANCE ACT I hereby certify that I am a principal and duly authorized representative of Kimlev-Hm�n and Associates, Inc. ("Contractor"), whose address is 817 Wect Pelchtree Street NW. Suite 601 Atlanta GA 30308 � Contractor hereby agrees to comply with all applicable provisions and requirements of the Georgia Security and Immigration Compliance Act of 2006 (the "Act"), as codified in O.C.G.A. Sections 13-10-90 and 13-10-91 and regulated in Chapter 300-10-1 of the Rules and Regulations of the State of Georgia, "Public Employers, Their Contractors and Subcontractors Required to Verify New Employee Work Eligibility Through a Federal Work Authorization Program," accessed at http.//rwnv.dol.state.gaus, as further set forth below. Contractor agrees to verify the work eligibility of all of newly hired employees through the U.S. Department of Homeland Security's Employment Eligibility Verification (EEV) /Basic Pilol Program, accessed through the Internet at haps://www.vis-dhs.com/EmployerReyistration, in accordance with the provisions and timeline found in O.C.G.A. 13-10-91 and Rule 300-10-1-.02 of the Rules and Regulations of the State of Georgia. As of July 1, 2007, the verification requirement applies to contractors and subcontractors `with five -hundred (500) or more employees. Contractor understands that the contractor and subcontractor requirements of the Act apply to contracts for, or in connection with, the physical performance of services within the State of Georgia. Contractor understands that the following contract compliance dates set forth in the Act apply to the Contract Agreement, pursuant to O.C.G.A. 13-10-91: On or after July 1, 2007, to public employers, contractors, or subcontractors of 500 or more employees; On or after July 1, 2008, to public employers, contractors, or subcontractors of 100 or more employees; and On or after July 1, 2000, to all other public employers, their contractors, and subcontractors. To document the date on which the Act is applicable to Contractor, and to document Contractor's compliance with the Act, the undersigned agrees to initial one of the three (3) Tines below indicating the employee number category applicable to Contractor, and to submit the indicated affidavit with the Contract Agreement if the Contractor has 500 or more employees Contractor has: ✓y�S 500 or more employees [Contractor must register with the Employment/Eligibility Verification/Basic Pilot Program and begin work eligibility verification on July 1, 2007j; 100-499 employees [Contractor must register with the Employment Eligibility Verification/Basic Pilot Program and begin work eligibility verification by July 1, 2008]; or 99 or fewer employees [Contractor must begin work eligibility verification by July 1, 2009]. Contractor further agrees to require O.C.G.A. Sections 13-10-90 and 13-10-91 compliance in all written agreements with any subcontractor employed by Contractor to provide services connected with the Contract Agreement, as required pursuant to O.C.G.A. 13-10-91. Contractor agrees to obtain from any subcontractor that is employed by Contractor to provide services connected with the Contract Agreement, the subcontractor's indication of the employee number category applicable to the subcontractor. Contractor agrees to secure from any subcontractor engaged to perform services under this Contract an executed "Subcontractor Affidavit," as required pursuant to O.C.G.A. 13-10-91 and Rule 300-10-1-.08 of the Rules and Reputations of the State of Georgia, which rule can be accessed at http://www.doLstate.ga.us. Contractor agrees to maintain all records of the subcontractor's compliance with O.C.G.A. Sections 13-10-90 and 13-10-91 and Chapter 300-10-1 of the Rules and Regulations of the State of Georgia. CONTRACTOR: Date: I Z t' 2'1 s"- Signature: '��`�� �' Title: Vice President i i t a 19 t EXHIBIT I TO CONTRACT AGREEMENT NOTICE TO CONTRACTORS COMPLIANCE WITH TITLE VI Or THE CIVIL RIGHTS ACT Or 1964 During the performance of this Conhact, the Contractor, for itself, its assignees and successors in interest (hereinafter referred to as the "Contractor"), agrees as follows: 1. Compliance with Regulations: The Contactor will comply with the Regulations of the Department of Transportation relative to nondiscrimination in Federally -assisted programs of the Department of Transportation (Title 49, Code of Federal Regulations, Part 21, hereinafter referred to as the "Regulations"), which are herein incorporated by reference and made a part of the Contract, 2. Nondiscrimination: The Contractor, with regard to the work performed Uy it afterward and prior to completion of the Contract work, will not discriminate on the ground of race, color, sex, or national origin in the selection and retention of subcontracts including procurements of materials and leases of equipment. The Contractor will not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations, including employment practices when contract covers a program set forth in Appendix B of the Regulations. In addition, the Contractor will not participate either directly or indirectly in discrimination prohibited by 23 CFR 710.405 (b). Solicitations for subcontracts, including procurements of materials and equipment: hr all solicitations, either by competitive bidding or negotiation made by the Contractor for work to be performed under a subcontract, including procurements of materials or 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, national origin or sex. 4. hrformation and Reports: The Contractor will provide all information and reports required by the Regulations, or orders and instructions issued pursuant thereto, and will permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the Department of Transportation 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 Department of Transportation, or the Federal Highway Administration as appropriate and shall set forth what efforts it has made to obtain the information. Sanctions for Noncompliance: In the event of the Contractor's noncompliance with the nondiscrimination provisions of this Contract, the Department of Transportation 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 Contractors under the Contract until the Contr actor complies, amd(or (b) cancellation, termination or suspension of the Contract, in whole or in part. 6. Incorporation of Provisions: The Contractor will include the provisions of paragraph (1) through (6) in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Regulations, orders or instruction issued pursuant thereto. The Contractor will take such action with respect to any subcontract or procurement as the Department of Transportation 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 Contactor becomes involved in, or is threatened with, litigation with a subcontractor or supplier as result of such direction, the Contractor may request the State to 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 interest of the United States. EXHIBIT J TO CONTRACT AGREEMENT INSURANCE REQUIREMENTS Within 10 days of Notice of Award, and at all times that this Contract is in force, the Contractor shall obtain, maintain and furnish the City Certificates of Insurance from licensed companies doing business in the State of Georgia with an A.M. Best Rating A-10 or higher and acceptable to the City covering: 1. Workers' Compensation & Employer's Liability Insurance. Workers' Compensation Insurance in compliance with the applicable Workers' Compensation Act(s) of the state(s) wherein the work is to be performed or where jurisdiction could apply in amounts required by statutes. Employer's Liability Insurance, with limits of liability of not less than $1,000,000 per accident for bodily injury or disease. 2. Commercial General Liability Insurance, including contractual liability insurance, product and completed operations, personal and advertising injury, and any other type of liability for which this Contract applies with limits of liability of not less than $1,000,000 each occurrence / $2,000,000 policy aggregate for personal injury, bodily injury, and property damage. Commercial General Liability Insurance shall be written on an "occurrence" form. 3. Automobile Liability Insurance with limits of liability of not less than $1,000,000 per accident for bodily injury and property damage if automobiles are to be used in the delivery of or in the completion of services and work or driven onto the City's property. Insurance shall include all owned, non -owned and hired vehicle liability. 4. Umbrella Insurance with limits of liability excess of Employer's Liability Insurance, Commercial General Liability Insurance and Automobile Liability Insurance in the amount of not less than $3,000,000. 5. Contractors' Pollution Legal Liability and/or Asbestos Legal Liability and/or Errors and Omissions (if project involves environmental hazards) with limits not less than $1,000,000 per occurrence or claim, and $2,000,000 policy aggregate. 6. Professional (Errors and Omissions) Insurance- For Professional Services and for all Design/Build Projects with limits of liability of not less than $3,000,000 per occurrence or claim / $3,000,000 policy aggregate. Such policy shall also include coverage for losses arising from the breach of information security or cyber liability (including Errors & Omissions, Security and Privacy Liability and Media Liability), whether combined with the Professional Liability policy or placed as a separate policy, but carrying the same limits of liability. Such coverage shall insure damage, injury and loss caused by error, omission or negligent acts, including all prior acts without limitation, related to the professional services to be provided under this Contract. The policy shall be amended to include independent contractors providing professional services on behalf of or at the direction of the Contractor. The definition of Contractual Liability shall be amended to state that liability under a contract of professional services is covered. Further, coverage shall be afforded for fraudulent acts, misappropriation of trade secrets, internet professional services, computer attacks, personal injury, regulatory actions, wrongful acts, contractual liability, privacy policy, and insured versus insured. The Contractor shall ensure that coverage under this policy continues for a period of thirty-six (36) months after completion of services. 7. Fidelity Bond (Employee Dishonesty) in the sum of not less than $50,000 All such insurance shall remain in effect until final payment is made and the Project is accepted by the City. If the Contractor receives notice of non -renewal or material adverse change of any of the required coverages, the Contractor shall promptly advise the City in writing. Failure of the Contractor to promptly notify the City on non -renewal or material adverse change of any of the required coverages terminates the Agreement as of the date that the Contractor should have given notification to the City. The insurance policies shall contain or be endorsed to contain, the following provisions: (a) A provision that coverage afforded under such policies shall not expire, be canceled or altered without at least thirty (30) days prior written notice to the City. (b) Workers' Compensation and Employer's Liability and Property insurance policies shall contain a waiver of subrogation in favor of the City and the City's boards, officials, directors, officers, employees, representatives, agents, and volunteers. (c) Commercial General Liability, Automobile Liability Contractors' Pollution Legal Liability and/or Asbestos Legal Liability and/or Errors and Omissions (if project involves environmental hazards) insurance policies shall include an endorsement making the City and the City's boards, officials, directors, officers, employees, representatives, agents, and volunteers Additional Insureds under such policies. A copy of these endorsements shall be provided to the City, Certificates of Insurance showing that such coverage is in force shall be filed under this Contract by the Contractor to the City. The obligations for the Contractor to procure and maintain insurance shall not be construed to waive or restrict other obligations and it is understood that insurance in no way limits liability of the Contractor whether or not same is covered by insurance. Certificate Holder should read: The City of Sandy Springs, 7840 Roswell Road, Building 500, Sandy Springs, Georgia 30350. INSR ADDL SUBR LTR INSR WVD DATE (MM/DD/YYYY) PRODUCER CONTACT NAME: FAXPHONE (A/C, No):(A/C, No, Ext): E-MAIL ADDRESS: INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : POLICY NUMBER POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY)(MM/DD/YYYY) GENERAL LIABILITY AUTOMOBILE LIABILITY UMBRELLA LIAB EXCESS LIAB WORKERS COMPENSATION AND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) AUTHORIZED REPRESENTATIVE INSURER(S) AFFORDING COVERAGE NAIC # Y / N N / A (Mandatory in NH) ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? EACH OCCURRENCE $ DAMAGE TO RENTEDCOMMERCIAL GENERAL LIABILITY $PREMISES (Ea occurrence) CLAIMS-MADE OCCUR MED EXP (Any one person)$ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER:PRODUCTS - COMP/OP AGG $ $PRO-POLICY LOCJECT COMBINED SINGLE LIMIT $(Ea accident) BODILY INJURY (Per person)$ANY AUTO ALL OWNED SCHEDULED BODILY INJURY (Per accident)$AUTOS AUTOS HIRED AUTOS NON-OWNED PROPERTY DAMAGE $AUTOS (Per accident) $ OCCUR EACH OCCURRENCE $ CLAIMS-MADE AGGREGATE $ DED RETENTION $$ WC STATU-OTH- TORY LIMITS ER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ If yes, describe under E.L. DISEASE - POLICY LIMIT $DESCRIPTION OF OPERATIONS below SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: CERTIFICATE HOLDER CANCELLATION © 1988-2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORDACORD 25 (2010/05) ACORDTM CERTIFICATE OF LIABILITY INSURANCE 2/29/2016 Greyling Ins. Brokerage/EPIC 3780 Mansell Road, Suite 370 Alpharetta, GA 30022 Jerry Noyola 770-552-4225 866-550-4082 jerry.noyola@greyling.com Kimley-Horn and Associates, Inc. P.O. Box 33068 Raleigh, NC 27636 National Union Fire Ins Co of P Commerce & Industry Ins. Co. New Hampshire Ins. Co. Lloyds of London 19445 19410 23841 085202 A X X X Contractual Liabilit X X 9645227 04/01/2015 04/01/2016 1,000,000 500,000 25,000 1,000,000 2,000,000 2,000,000 A X X X 4982985 04/01/2015 04/01/2016 1,000,000 B X X X 10,000 BE020733086 04/01/2015 04/01/2016 5,000,000 5,000,000 A C N 39901451 (CA) 39901450 (AOS) 04/01/2015 04/01/2015 04/01/2016 04/01/2016 X 1,000,000 1,000,000 1,000,000 D Professional P070831500 04/01/2015 04/01/2016 Per Claim $3,000,000 Aggregate $3,000,000 Re: North Fulton - TSPLOST Project Consultant. The City of Sandy Springs, The Citys boards, officials, directors, officers, employees, representatives, agents & volunteers are named as Additional Insureds with respects to General & Automobile Liability where required by written contract. Waiver of Subrogation is applicable where required by written contract & allowed by law. Should any of the above described policies be cancelled by the issuing insurer before the expiration date thereof, 30 days' written notice (except 10 days for nonpayment of premium) will be provided to the Certificate Holder. City of Sandy Springs Lynn Taylor 7840 Roswell Road Building 500 Sandy Springs, GA 30350 1 of 1 #S444995/M395746 KIMLHORNClient#: 25320 JNOY1 1 of 1 #S444995/M395746 POLICY NUMBER: GL 964-52-27 COMMERCIAL GENERAL LIABILITY CG 20 33 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - AUTOMATIC STATUS WHEN REQUIRED IN CONSTRUCTION AGREEMENT WITH YOU This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Section II - Who Is An Insured is amended to include as an additional insured any person or organization for whom you are performing operations when you and such person or organization have agreed in writing in a contract or agreement that such person or organization be added as an additional insured on your policy. Such person or organization is an addi- tional insured only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured. However, the insurance afforded to such additional insured: 1. Only applies to the extent permitted by law; and 2. Will not be broader than that which you are required by the contract or agreement to provide for such additional insured. A person's or organization's status as an addi- tional insured under this endorsement ends when your operations for that additional insured are completed. B. With respect to the insurance afforded to these additional insureds, the following additional ex- clusions apply: This insurance does not apply to: 1. "Bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including: a. The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or b. Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against any insured allege negligence or other wrong- doing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily in- jury" or "property damage", or the offense which caused the "personal and advertising injury", involved the rendering of or the failure to render any professional architectural, engineering or surveying services. 2. "Bodily injury" or "property damage" occurring after: a. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or b. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. C. With respect to the insurance afforded to these additional insureds, the following is added to Section III - Limits Of Insurance: The most we will pay on behalf of the additional insured is the amount of insurance: CG 20 33 04 13 0 Insurance Services Office, Inc., 2012 Page 1 of 2 ❑ 1. Required by the contract or agreement you have entered into with the additional insured; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. Page 2 of 2 0 Insurance Services Office, Inc., 2012 CG 20 33 04 13 ❑ POLICY NUMBER: GL 964-52-27 COMMERCIAL GENERAL LIABILITY CG 20 37 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location And Description Of Completed Operations ANY PERSON OR ORGANIZATION WHOM YOU BECOME OBLIGATED TO INCLUDE AS AN ADDITIONAL INSURED AS A RESULT OF ANY CONTRACT OR AGREEMENT YOU HAVE ENTERED INTO. PER THE CONTRACT OR AGREEMENT. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II - Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by "your work" at the location designated and described in the Schedule of this endorsement performed for that additional insured and included in the "products -completed operations hazard". However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agree- ment, the insurance afforded to such addi- tional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following is added to Section III - Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insu- rance shown in the Declarations; whichever is less. This endorsement shall not increase the appli- cable Limits of Insurance shown in the Decla- rations. CG 20 37 04 13 0 Insurance Services Office, Inc., 2012 Page 1 of 1 11 Technical Staff: Members include: Bryant Poole or Designee —Sandy Springs, Cindy Jenkinsor Designee —Johns Creek, John Crocker or Designee -Roswell, Eric Graves or designee —Alpharetta, Carter Lucas or Designee— Milton Acceptance: All parties hereto have executed this Memorandum of Understanding /Agreement, this 29`^ day of January, 2015: City of Alpharetta: Bob Regus, City Administrate Date: I I Z'i /l 6 City of Johns Creek: ",/,4. l Warren Hutmacher, City Manager Date 1.vi. 16 City of Milton: JR V Chris ph Lag bloom, City Manager Date 01 2 41 Ir City of Roswell: '"G'tM Vy twe., Kay Love, Ciodministrator Date k? 'I —/6 City of Sandy Springs: Date Page 2 kimley-horn.com 817 West Peachtree Street NW, Suite 601, Atlanta, GA 30308 404-419-8700 referenced in items 2A-2C above. It will provide a third party review of available and collected information based on the team’s professional judgement and experience and will provide a summary of the data and conclusions to date. This scope of services does not include additional analysis or modeling above and beyond that provided by ARC, GDOT, or MARTA. Such analysis or m odelling will be recommended, as necessary, as part of item 3 above. Schedule We will provide our services as expeditiously as practicable with the goal of providing a summary memorandum within 20 working days of receiving a signed copy of this agreement or a written authorization to proceed. Fee and Expenses The Consultant will perform the services listed above on a labor fee plus expense basis with the maximum fee of $12,000. Kimley-Horn will not exceed the total maximum fee shown without authorization from the Client. Labor fee will be billed on an hourly basis according to our current rates. Direct reimbursable expenses such as express delivery services, fees, air travel, and other direct expenses will be billed at 1.15 times cost. A percentage of labor fee will be added to each invoice to cover certain other expenses as to these tasks such as telecommunications, in-house reproduction, postage, supplies, project related com puter time, and local mileage. Administrative time related to the project may be billed hourly. All permitting, application, and similar project fees will be paid directly by the Client. Payment will be due within 25 days of your receipt of the invoice and should include the invoice number and Kimley-Horn project number. CLIENT: CONSULTANT: _________________________________ KIMLEY-HORN AND ASSOCIATES, INC. By: ______________________________ By: ________________________________ Title: _____________________________ Title: _______________________________ Date: _____________________________ Date: _______________________________ Acceptance: All parties below acknowledge and agree to accept this amendment number #1 dated 3-2-16, and to amend the original contract dated 2-22-16 and Memorandum of Understanding dated, 1-29-16. City of Alpharetta: ________________________________________________ Bob Regus, City Administrator Date: __________________________ City of Johns Creek: ________________________________________________ Warren Hutmacher, City Manager Date: __________________________ City of Milton: ________________________________________________ Christopher Lagerbloom, City Manager Date: __________________________ City of Roswell: ________________________________________________ Kay Love, City Administrator Date: __________________________ City of Sandy Springs: ________________________________________________ John McDonough, City Manager Date: __________________________ TO: FROM: HOME OF ' ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM City Council DATE: March 30, 2016 Steven Krokoff, Interim City Manager AGENDA ITEM: Approval of a Construction Services Agreement between the City of Milton and Garland/DBS, Inc. for Fire Station Roof Repairs at Fire Stations 41 and 43. MEETING DATE: Monday, April 11, 2016 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (,�'A PPROVED CITY ATTORNEY APPROVAL REQUIRED: (SES CITY ATTORNEY REVIEW REQUIRED: krJ ES APPROVAL BY CITY ATTORNEY WAPPROVED PLACED ON AGENDA FOR: Oy 1OZ016 REMARKS (J NOT APPROVED (JNO (J NO (J NOT APPROVED ® ° You(m PHONE: 678.242.25001 FAX: 678.242.2499 G °eien . **rur d* infoOacityofmiltonga.us I www.cityofmiltonga.us ��!® Community Eih,� f 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 To: Honorable Mayor and City Council Members From: Robert Edgar, Fire Chief Date: Submitted on March 30, 2016 for the April 11, 2016 Regular Council Meeting Agenda Item: Approval of a Construction Services Agreement between The City of Milton and Garland/DBS, Inc. for Fire Station Roof Repairs at Fire Stations 41 and 43 ____________________________________________________________________________ Department Recommendation: Approve the attached contract for roof repairs at Fire Station 41 and 43. Executive Summary: The Fire Department has identified several roof leaks at two of our Fire Stations, 41 and 43. Fire Station 41 has a shingle roof where the contractor has identified a bullet hole and an area over the bathroom that requires repair. Fire Station 43, which has a raised seam roof, the contractor has identified several areas where the seams have separated as well a section of the ridge cap. In addition, two roof boots over vent pipes are damaged and should be replaced. Funding and Fiscal Impact: These repairs in the amount of $3,531.00 are budgeted in the Department’s Maintenance and Operating Budget, Station Maintenance and Repair. Alternatives: The City may opt to not approve this contract. The Department would seek another qualified vendor. Page 2 of 2 Legal Review: Reviewed and approved by Ken Jarrard, Jarrard and Davis, LLC (3/17/16) Concurrent Review: Steve Krokoff, Interim City Manager Attachment(s): Construction Services Agreement Design -Build Solutions. Inc. 3800 East 91 st Street, Cleveland, Ohio 44105 • 866-327-0306 • www.design-buildsolutions.com RCEVUEQ OF UAANSMIT79L TO: Birmingham Fire Station 750 Hiclory Flat Road Milton, GA 30004 Attn: Robert Edgar - Fire Chief DATE: March 21, 2016 PROJECT NAME: Fire 41 & 43 PROJECT #: 25 -GA -160225 WE ARE SENDING YOU ( X ) HEREWITH, ( ) UNDER SEPARATE COVER, THE FOLLOWING ITEMS, FOR THE REASONS INDICATED HEREIN BY: ( 1ST CLASS MAIL ( MESSENGER ( SELF PICK-UP ( ) BLUE PRINT CO. ( X) DELIVERY SERVICE # OF COPIES ITEM/ DWG # DATE REVISED DATE DESCRIPTION 2 03/21/16 Signed Milton Fire Contracts 1 03/21/16 Certificate of Insurance erg/Additional Insured Endorsement 1 03/21/16 Garland/DBS W-9 ACTION REQUESTED: ( J FOR REVIEW AND RETURN TO US ( J FOR CORRECTION AND RESUBMITTAL ( X) FOR RECORDS / INFORMATION ( J AS PER YOUR REQUEST REMARKS Nease return Cdloct>>IImen� s to I ( J FOR CONSTRUCTION ( ) FOR DISTRIBUTION ( J SEE SEPARATE LETTER ( l attenuonp ofd requred. Thank'You. HeM SIGNED, COPIES TO: File Heidi Dobson 216-430-3522 Project Coordinator HOME OF'THE&'ST QUAL"OF UFF. IN GEORGIA' MILTON I*t, ESTABLISHED 2006 CONSTRUCTION AGREEMENT REPAIRS AT FIRE STATIONS #4I & #43 This Construction Services Agreement (the "Agreement") is made and entered into this day of , 2016 (the "Effective Date"), by and between the CITY OF MILTON, GEORGIA, a municipal corporation of the State of Georgia, acting by and through its governing authority, the Mayor and City Council, and having its principal place of business at 13000 Deerfield Parkway Suite 107F, Milton GA 30004 (the "City"), and Garland/DBS, Inc., a Delaware corporation having its principal place of business at 3800 East 91st Street, Cleveland, OH 44105 (the "Contractor"), collectively referred to herein as the "Parties". WITNESSETH THAT: WHEREAS, the City desires to retain a contractor to perform services for the construction of a Project (defined below); and WHEREAS, Contractor has represented that it is qualified by training and experience to perform the Work (defined below) and desires to perform the Work under the terms and conditions provided in the Contract Documents (defined below). NOW THEREFORE, for and in consideration of the mutual promises, the public purposes, and the acknowledgements and agreements contained herein and other good and adequate consideration, the sufficiency of which is hereby acknowledged, the Parties hereto do mutually agree as follows: Section 1. Contract Documents: This Agreement along with the following documents, attached hereto (except as expressly noted otherwise below) and incorporated herein by reference, constitute the Contract Documents: A. Scope of Work, attached hereto as "Exhibit A-1" and "Exhibit A-2"; B. Insurance Certificate, attached hereto as "Exhibit B"; C. Contractor Affidavit, attached hereto as "Exhibit C"; D. Subcontractor Affidavit, attached hereto as "Exhibit D"; and E. City of Milton Code of Ethics (codified in the official Code of the City of Milton). In the event of any discrepancy among the terms of the various Contract Documents, the provision most beneficial to the City, as determined by the City in its sole discretion, shall govern. Section 2. The Work: A general description of the Project is as follows: repair of leaks at City of Milton Fire Stations #41 and #43 (the "Project"). The Work to be completed under this Agreement (the "Work") includes, but shall not be limited to, the work described in the Scope of Work provided in Exhibit A-1 and Exhibit A-2, attached hereto and incorporated herein by reference. The Work includes all material, labor, insurance, tools, equipment, machinery, water, heat, utilities, transportation, facilities, services and any other miscellaneous items and work reasonably inferable from the Contract Documents. The term "reasonably inferable" takes into consideration the understanding of the Parties that some details necessary for proper execution and completion of the Work may not be shown on the drawings or included in the specifications or Scope of Work, but they are a requirement of the Work if they are a usual and customary component of the Work or are otherwise necessary for proper and complete installation and operation of the Work. Contractor shall complete the Work in strict accordance with the Contract Documents. Section 3. Contract Term: Termination: Contractor understands that time is of the essence of this Agreement and warrants and represents that it will perform the Work in a prompt and timely manner, which shall not impose delays on the progress of the Work. Contractor shall commence Work pursuant to this Agreement on or before the start date to be specified on a written "Notice to Proceed" issued by the City and shall fully complete the Work within twenty (20) business days of the start date specified in the "Notice to Proceed". The City may terminate this Agreement for convenience at any time upon providing written notice thereof to Contractor. Provided that no damages are due to the City for Contractor's breach of this Agreement, the City shall pay Contractor for Work performed to date in accordance with Section 5 herein. Section 4. Work Changes: Any changes to the Work requiring an increase in the Contract Price (defined below) shall require a written change order executed by the City in accordance with its purchasing regulations. Section 5. Compensation and Method of Payment: City agrees to pay Contractor the flat fee of $3,531.00 for the Work, in accordance with the pricing set forth in Exhibit A-1 and Exhibit A-2. ("Contract Price"), except as outlined in Section 4 above. Contractor represents that the Contract Price is sufficient to perform all of the Work set forth in and contemplated by this Agreement. Contractor shall take no calculated risk in the performance of the Work. Specifically, Contractor agrees that in the event it cannot perform the Work within the budgetary limitations established without disregarding sound principles of Contractor's industry, Contractor will give written notice thereof immediately to the City. City agrees to pay Contractor for the Work performed and costs incurred by Contractor upon the City's certification that the Work was actually performed and costs actually incurred in accordance with this Agreement. No payments will be made for unauthorized work. Compensation for Work performed and, if applicable, reimbursement for costs incurred shall be paid to Contractor upon the City's receipt and approval of an invoice setting forth in detail the Work performed and costs incurred, along with all supporting documents required by the Contract Documents or requested by the City to process the invoice. The invoice shall be accompanied by a waiver and release upon Final Payment procured by the Contractor from all subcontractors in accordance with O.C.G.A. § 44-14-366. Section 6. Covenants of Contractor: A. Ethics Code; Conflict of Interest. Contractor agrees that it shall not engage in any activity or conduct that would result in a violation of the City of Milton Code of Ethics or any other similar law or regulation. Contractor certifies that to the best of its knowledge no circumstances exist which will cause a conflict of interest in performing the services required by this Agreement. Contractor and the City acknowledge that it is prohibited for any person to offer, give, or agree to give any City employee or official, or for any City employee or official to solicit, demand, accept, or agree to accept from another person, a gratuity of more than nominal value or rebate or an offer of employment in connection with any decision, approval, disapproval, recommendation, or preparation of any part of a program requirement or a purchase request, influencing the content of any specification or procurement standard, rendering of advice, investigation, auditing, or in any other advisory capacity in any proceeding or application, request for ruling, determination, claim or controversy, or other particular matter, pertaining to any program requirement or a contract or subcontract, or to any solicitation or proposal therefor. The Contractor and the City further acknowledge that it is prohibited for any payment, gratuity, or offer of employment to be made by or on behalf of a sub - consultant under a contract to the prime Contractor or higher tier sub -consultant, or any person associated therewith, as an inducement for the award of a subcontract or order. B. Expertise of Contractor; 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 Work performed under this Agreement. The City will not, and need not, inquire into adequacy, fitness, suitability or correctness of Contractor's performance. The Contractor acknowledges and agrees that the acceptance or approval of any 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 and shall not relieve Contractor of the responsibility for adequacy, fitness, suitability, and correctness of Contractor's Work under professional and industry standards. C. Contractor's Reliance on Submissions by the City. Contractor must have timely information and input from the City in order to perform the Work required under this Agreement. Contractor is entitled to rely upon information provided by the City, but Contractor shall be required to provide immediate written notice to the City if Contractor knows or reasonably should know that any information provided by the City is erroneous, inconsistent, or otherwise problematic. D. Contractor's Representative; Meetings. 57,; 4p CA 1; shall be authorized to act on Contractor's behalf with respect to the Work as Contractor's designated representative. Contractor shall meet with City's personnel or designated representatives to resolve technical or contractual problems that may occur during the term of this Agreement at no additional cost to City. E. Independent Contractor. Contractor hereby covenants and declares that it is engaged in an independent business and agrees to perform the Work as an independent contractor. The Contractor agrees to be solely responsible for its own 2 matters relating to the time and place the Work is performed and the method used to perform such Work; the instrumentalities, tools, supplies, and/or materials necessary to complete the Work; hiring and payment of subcontractors, agents, or employees to complete the Work, including compliance with Social Security, withholding, and all other regulations governing such matters. Any provisions of this Agreement that may appear to give the City the right to exercise a measure of control over such services will be deemed to mean that Contractor shall follow the directions of the City with regard to the results of such services only. Inasmuch as the City and the Contractor are independent of each other, neither has the authority to bind the other to any third person or otherwise to act in 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 Contractor enters into on behalf of the City without the express knowledge and prior written consent of the City. F. Responsibility of Contractor and Indemnification of City. Contractor covenants and agrees to take and assume all responsibility for the Work rendered in connection with this Agreement. Contractor shall bear all losses and damages directly or indirectly resulting to it and/or the City on account of the performance or character of the Work rendered pursuant to this Agreement. Contractor shall defend, indemnify, and hold harmless the City and the City's elected and appointed officials, officers, boards, commissions, employees, representatives, consultants, servants, agents, attorneys and volunteers (individually an "Indemnified Party" and collectively "Indemnified Parties") from and against any and all claims, suits, actions, judgments, injuries, damages, losses, costs, expenses and liability of any kind whatsoever, including, but not limited to, attorney's fees and costs of defense ("Liabilities"), which may arise from or be the result of a willful, negligent, or tortious act or omission 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 or omission is caused in part by a party indemnified hereunder. This indemnity obligation does not include Liabilities caused by or resulting from the sole negligence of an Indemnified Party. 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, defend, and hold harmless the Indemnified Party(ies) shall survive expiration or termination of this Agreement, provided that the claims are based upon or arise out of actions or omissions that occurred during the performance of this Agreement. G. Insurance. Contractor shall have and maintain in full force and effect for the duration of this Agreement, insurance of the types and amounts approved by the City, as shown on Exhibit B, attached hereto and incorporated herein by reference. Contractor shall also ensure that any subcontractors are covered by insurance policies meeting the requirements specified herein and provide proof of such coverage. As it relates to any general liability, automobile liability or umbrella policies, and except where such requirement is specifically waived in writing by the City, Contractor shall ensure that its insurer waives all rights of subrogation against the City for losses arising from Contractor's Work and that the City and its officials, employees or agents are named as additional insureds. 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. Employment of Unauthorized Aliens Prohibited — E- Verify Affidavit. Pursuant to O.C.G.A. § 13-10-91, the City shall not enter into a contract for the physical performance of services unless: (1) the Contractor shall provide evidence on City -provided forms, attached hereto as Exhibits C and D (affidavits to be sworn under oath under criminal penalty of false swearing pursuant to O.C.G.A. § 16-10-71), that it and its subcontractors have registered with, are authorized to use and use 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, and that they will continue to use the federal work authorization program throughout the contract period, or (2) the Contractor provides evidence that it is not required to provide an affidavit because it is an individual licensed pursuant to Title 26 or Title 43 or by the State Bar of Georgia and is in good standing. 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 3 to provide such an affidavit because it is an individual 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 Georgia Department of Labor Rule 300-10-1-.02. In the event the Contractor 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. The Contractor and Contractor's subcontractors shall retain all documents and records of their respective verification process for a period of five (5) years following completion of the contract. 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.] [CHECK ONE] 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. J. 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, contractors, and/or staff to likewise protect such confidential information. K. Licenses Certifications and Permits. Contractor covenants and declares that it has obtained and will maintain all diplomas, certificates, licenses, permits, or the like required of the Contractor by any and all national, state, regional, county or local boards, agencies, commissions, committees or other regulatory bodies in order to perform the Work. The Contractor shall secure and pay for the building permit and other permits and governmental fees, licenses and inspections necessary or customarily secured for proper execution and completion of the Work. L. Authority to Contract. The individual executing this Agreement on behalf of 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. M. Ownership of Work. All reports, designs, drawings, plans, specifications, schedules, work product, and other materials, including those in electronic form, prepared or in the process of being prepared for the Work ("Materials") shall be the property of the City, and the City shall be entitled to full access and copies of all such Materials in the form prescribed by the City. 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. N. Nondiscrimination. In accordance with Title VI of the Civil Rights Act, as amended, 42 U.S.C. § 2000d, section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6102, section 202 of the Americans with Disabilities Act of 1990, 42 U.S.C. § 12132, and all other provisions of Federal law, the Contractor agrees that, during performance of this Agreement, Contractor, for itself, its assignees and successors in interest, will not discriminate against any employee or applicant for employment, any subcontractor, or any supplier because of race, color, creed, national origin, gender, age or disability. In addition, Contractor agrees to comply with all applicable implementing regulations and shall include the provisions of this paragraph in every subcontract for services contemplated under this Agreement. Section 7. Final Proiect Documents; Warranty: Prior to final payment, Contractor shall deliver to City copies of any as -built drawings, operations, and maintenance manuals, and any other pertinent documents relating to the construction M and operation of the Work that is not otherwise in the possession of the City. Contractor shall repair or replace all defects in materials, equipment, or workmanship appearing within one (1) year from the date of completion at no additional cost to the City. Section 8. Miscellaneous: A. Complete Agreement; Counterparts; Third Party Rights. This Agreement, including all of the Contract Documents, constitutes the complete agreement between the Parties and supersedes any and all other agreements, either oral or in writing, between the Parties with respect to the subject matter of this Agreement. 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. This Agreement shall be exclusively for the benefit of the Parties and shall not provide any third parties with any remedy, claim, liability, reimbursement, cause of action or other right. B. Governing Law; Business License; Proper Execution. This Agreement shall be governed by and construed in accordance with the laws of the State of Georgia without regard to choice of law principles. Any action or suit related to this Agreement shall be brought in the Superior Court of Fulton County, Georgia or the U.S. District Court for the Northern District of Georgia — Atlanta Division, and Contractor submits to the jurisdiction and venue of such court. During the Term of this Agreement, Contractor shall maintain a business license with the City, unless Contractor provides evidence that no such license is required. Contractor agrees that it will perform its services in accordance with the usual and customary standards of the Contractor's profession or business and in compliance with all applicable federal, state, and local laws, regulations, codes, ordinances, or orders applicable to the Project, including, but not limited to, O.C.G.A. § 50-5-63, any applicable records retention requirements, and the Georgia Open Records Act (O.C.G.A. § 50-18-70, et seq.). C. Notices. All notices, requests, demands, 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 calendar 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 Party at the addresses first given above or at a substitute address previously furnished to the other Party by written notice in accordance herewith. D. Waiver; Sovereign Immunity. No express or implied waiver shall affect any term or condition other than the one specified in such waiver, and that one only to the extent specifically stated. 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. E. Agreement Construction and Interpretation• Invalidity of Provisions,• Severability. Contractor represents that it has reviewed and become familiar with the Contract Documents, the nature and extent of the Work, work site(s), locality, and all local conditions, laws and regulations that in any manner may affect cost, progress, performance, or furnishing of the Work. Contractor represents that it has given the City written notice of all conflicts, errors, or discrepancies that the Contractor has discovered in the Contract Documents, and the written resolution thereof by the City is acceptable to the Contractor. The Parties hereto agree that, if an ambiguity or question of intent or interpretation arises, this Agreement is to be construed as if the Parties had drafted it jointly, as opposed to being construed against a Party because it was responsible for drafting one or more provisions of the Agreement. In the interest of brevity, the Contract Documents may omit modifying words such as "all" and "any" and articles such as "the" and "an," but the fact that a modifier or an article is absent from one statement and appears in another is not intended to affect the interpretation of either statement. Should any article(s) or section(s) of this Agreement, or any part thereof, later be deemed illegal, invalid or unenforceable by a court of competent jurisdiction, the offending portion of the Agreement should be severed, and the remainder of this Agreement shall remain in full force and effect to the extent possible 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 that may for any reason be hereafter declared invalid. 5 IN WITLESS WHEREOF, the City and the Contractor have executed this Agreement effective as of the Effective Date first above written. CI'T'Y OF MILTON, GEORGIA Joe Lockwood, Mayor Signature: Attest: By Its: [CITY SEAL] City Clerk Approved as to form: City Attorney CONTRACTOR: �. Je 1,44d / i7 �- Its: [CIRCLE ONE] President/VicePresiden Corporation-.-4�'2a�j-2 General Partner (Partnership imited Partnership) Member/Manager (LLC) Owner (Sole Proprietorship/Individual) [CORPORATE SEAL] (required if corporation) Attest/Witness: t By: ,d, "�:. bac Its: z ((Assistant) Corporate Secretary if corporation) C D.. i s EXHIBIT A -Z IEXHIB$ T B [INSERT INSURANCE CERTIFICATE MEETING STANDARD (OR OTHERWISE APPROVED) REQUIREMENTS OF THE CITY OF MILTON, GEORGIA] 66ERiHIIII➢T(T C" CONTRACTOR A FIFIIDA VIT AND AGREEMENT under O.C.G.A. §§° 13-10-91(b)(1) STATE OF D,e4o�o COUNTY OF C— .1 ,v 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, Georgia, has registered with, is authorized to use and uses the federal work authorization program commonly known as E -Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91. Furthermore, the undersigned contractor will continue to use the federal work authorization program throughout the contract period, and the undersigned contractor will contract for the physical performance of services in satisfaction of such contract only with subcontractors who present an affidavit to the contractor with the information required by O.C.G.A. § 13-10-91(b). Contractor hereby attests that its federal work authorization user identification number and date of authorization are as follows: Federal Work Authorization User Identification Number /o / '/- . . s/ Date of Authorization Name of Contractor -1' s// ' 1!�3 t Name of Project City of Milton, Georgia Name of Public Employer I hereby declare under penalty of perjury that the foregoing is true and correct. Executed on dna?,/ -.V, 2016 in (city), /o(state). Signature of Authorized Officer/ or Agent Printed Name and Title of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE -Y/ DAY OF NOTARY P LIC My Commission Expires: Heidi Jeanette Dobson STATE OF OHIO County of Cuyahoga My Commission Expires 11-5-2016 SUBC©N7RACt.76P ATIFMA'V 72 Ax0 AG2T4 M111 'T Under ©.C.G.A. § STATE OF 5 1 a COUNTY OF By executing this affidavit, the undersigned hubcontractor verifies its compliance with O.C.G.A. § 13-10- 91, stating affirmatively that the individual, firm or corporation which is engagec: in the physical perfonnance o: services tender a contract with Garland/DDS, Inc, on behalf of the City of I liiton, Georgia, has registered v,ith, is authorized to use and uses the federal wort: authoriz2tion program coatmonly known vs E -Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.ie. 5 13-10-91. Furthermore, the undersigned subcontractor will concince to ttse the federal work authorization program throughout the contract period. and the undersia ed subcontractor will contract for the physical performance of services in satisfaction of such contract only with sub-suh.:ontractw-., who present an affidavit to the subcontractor with thlinformation required by O.C.G.A. § 13-10-91(b). Additionally, the undersi ned sabcoaLractor will fur.iurd notice; of the receipt of an affidavit from a su►-subcontractor to the Contra --tor `vithin five t5) business days of receipt. If the undersigned sttbcontractov r: ceives notice that a sub - subcontractor has received an affidavit frow any other contracted sub -subcontractor, the undersign' -,c s,ib;.onaactor must forward, within file () business days or receipt, a ;copy of the notice to the contactor. Subcoturacto.- hereby attests that its federal warlc autboriza.ion user identifization number and date of authorization are as follows: 449557 Fceieral Work Authori7atiott user Identificatio:, Number 02/04/2015 Irate of Authorization Southern Commercial Roof Tech, LLC Narne of Subeontractor Nang. of Projec( City (if �; ikon, Georgia N one of PubF,: Employer I hereby deelare :!rider pettalty of perjury that the foregoing is fruc and correct. Executed on Z i _, ?Di , in (city), ----4 (state). Signature of Authorized Officer or Agent Brandon Barron. Marager Printed Narne and Titic ol' Authori zed Officer or Agent SUBSCRIBED AND SWOWNT ON THIS THE_ DAY 0)F-- 2111. z o;'Q� .tAs y�•� s NOT Pi1BLIC Z Co — a 0, My Commission Expires: Garland/DBS, Inc. 3800 East 915t Street Cleveland, OH 44105 Phone: (800) 762-8225 Fax: (216) 883-2055 ROOFING MATERIAL AND SERVICES PROPOSAL City of Milton Fire Station #43 Date Submitted: 03/09/2016 Proposal #: 25 -GA -160225 MICPA # 14-5903 LIC: GCCO003281 DBS Please Note: The following estimate is being provided according to the pricing established under the Master Intergovernmental Cooperative Purchasing Agreement (MICPA) with Cobb County, GA and U.S. Communities. This estimate should be viewed as the maximum price an agency will be charged under the agreement. Garland/DBS, Inc. administered a competitive bid process for the project with the hopes of providing a lower market adjusted price whenever possible. Scope of Work: Leak Repairs 1 Clean all repair areas thoroughly to ensure a good bond with materials. 2 Seal all z -closures within the leaking areas using Tuff Stuff Aluminum Stone urethane sealant. This is approx. 35' If. 3 Seal the seams in counter flashing metal within the leak areas using Tuff Stuff Aluminum Stone urethane sealant. This is approx. 2' If. 4 Seal all open joints at three Windows over leaking areas using Tuff Stuff Aluminum Stone urethane sealant. 5 Re -attach a 3' section of ridge cap that has popped off. Rivet it together to prevent it from happening again. 6 Replace the damaged boots on two pipes with new deck tite roof boots. 7 Caulk the storm collars of all 4 heat vents over the main bay using Tuff Stuff Aluminum Stone urethane sealant. 8 Seal all open joints and valley seams on the training room leak area using Tuff Stuff Aluminum Stone. 9 Inspect and clean out all gutters while on site. Dine Item Pricing Item # Item Description Unit Price Quantity Unit Extended Price Cost of Labor and Material for SCRT $ 1,521.00 1 EA $ 1,521 Sub Total Prior to Multipliers $ 1,521 Base Bid Total Maximum Price of Line Items under the MICPA: $ 1,734 Competitive Bid Results: Southern Commercial Roof Tech $ 1,734 Safeshield $ 2,329 Pride Roofing $ 2,388 Clarifications/Exclusions: 1. Sales tax is included. 2. Permits are excluded. 3. Bonds are included. 4. Plumbing, Mechanical, Electrical work is excluded. 5. Masonry work is excluded. 6. Prevailing wages are excluded. 7. Any work not exclusively described in the above proposal scope of work is excluded. Potential issues that could arise during the construction phase of the project will be addressed via unit pricing for additional work beyond the scope of the specifications. This could range anywhere from wet insulation, to the replacement of deteriorated wood nailers. Proposal pricing valid through 12/31/2016. If you have any questions regarding this proposal, please do not hesitate to call me at my number listed below. Respectfully Submitted, 1I i Jeff Kozak Garland/DBS, Inc. (216) 430-3518 jkozak@garlandind.com Professional Services: Additional Professional 1.30.01 Services - Option 1: Professional Services can be Completed on a Cost Plus Basis 14% % $ 213 Sub -Totals After Multipliers $ 1,734 Base Bid Total Maximum Price of Line Items under the MICPA: $ 1,734 Competitive Bid Results: Southern Commercial Roof Tech $ 1,734 Safeshield $ 2,329 Pride Roofing $ 2,388 Clarifications/Exclusions: 1. Sales tax is included. 2. Permits are excluded. 3. Bonds are included. 4. Plumbing, Mechanical, Electrical work is excluded. 5. Masonry work is excluded. 6. Prevailing wages are excluded. 7. Any work not exclusively described in the above proposal scope of work is excluded. Potential issues that could arise during the construction phase of the project will be addressed via unit pricing for additional work beyond the scope of the specifications. This could range anywhere from wet insulation, to the replacement of deteriorated wood nailers. Proposal pricing valid through 12/31/2016. If you have any questions regarding this proposal, please do not hesitate to call me at my number listed below. Respectfully Submitted, 1I i Jeff Kozak Garland/DBS, Inc. (216) 430-3518 jkozak@garlandind.com Garland/DBS, Inc. 3800 East 91" Street Cleveland, OH 44105 Phone: (800) 762-8225 Fax: (216) 883-2055 ROOFING MATERIAL AND SERVICES PROPOSAL City of Milton Fire Station #41 Date Submitted: 03/09/2016 Proposal #: 25 -GA -160226 MICPA # 14-5903 LIC: GCC0003281 Please Note: The following estimate is being provided according to the pricing established under the Master Intergovernmental Cooperative Purchasing Agreement (MICPA) with Cobb County, GA and U.S. Communities. This estimate should be viewed as the maximum price an agency will be charged under the agreement. Garland/DBS, Inc. administered a competitive bid process for the project with the hopes of providing a lower market adjusted price whenever possible. Scope of Work: Leak Repairs 1 Remove the existing shingles damaged by the bullet hole and install new shingles to match as closely as possible. 2 Remove and replace a 10' x 10' of shingles over the bathroom leak area using a shingle to match as closely as possible. Line Item Pricing Item # Item Description Unit Price Quantity Unit Extended Price Cost of Labor and Material for SCRT $ 1,576.00 1 EA $ 1,576 Sub Total Prior to Multipliers $ 1,576 1.30.01 Professional Services: Additional Professional Services - Option 1: Professional Services can be Completed on a Cost Plus Basis 14% % $ 221 Sub -Totals After Multipliers I I $ 1,797 Base Bid Total Maximum Price of Lone Items under the MICPA: $ 1,797 Competitive Bid Results: Southern Commercial Roof Tech $ 1,797 Safeshield $ 1,963 Pride Roofing $ 2,058 Clarifications/Exclusions: 1. Sales tax is included. 2. Permits are excluded. 3. Bonds are included. 4. Plumbing, Mechanical, Electrical work is excluded. 5. Masonry work is excluded. 6. Prevailing wages are excluded. 7. Any work not exclusively described in the above proposal scope of work is excluded. Potential issues that could arise during the construction phase of the project will be addressed via unit pricing for additional work beyond the scope of the specifications. This could range anywhere from wet insulation, to the replacement of deteriorated wood nailers. Proposal pricing valid through 12/31/2016. If you have any questions regarding this proposal, please do not hesitate to call me at my number listed below. Respectfully Submitted, Jeff Kozak Garland/DBS, Inc. (216) 430-3518 jkozak@�arlandind.com HOMEOF'THE BESTGUALITY OF LIFE IN GFORGIA' N41 LION ESTABLISHED 2006 CONSTRUCTION SIERVICES AGREEMENT REPAIRS AT FIRE STATIONS #41 & #43 This Construction Services Agreement (the "Agreement") is made and entered into this day of , 2016 (the "Effective Date"), by and between the CITY OF MMILTON, GEORGIA, a municipal corporation of the State of Georgia, acting by and through its governing authority, the Mayor and City Council, and having its principal place of business at 13000 Deerfield Parkway Suite 107F, Milton GA 30004 (the "City"), and Garland/DBS, Inc., a Delaware corporation having its principal place of business at 3800 East 91st Street, Cleveland, OH 44105 (the "Contractor"), collectively referred to herein as the "Parties". WITNESSETH THAT: WHEREAS, the City desires to retain a contractor to perform services for the construction of a Project (defined below); and WHEREAS, Contractor has represented that it is qualified by training and experience to perform the Work (defined below) and desires to perform the Work under the terms and conditions provided in the Contract Documents (defined below). NOW THEREFORE, for and in consideration of the mutual promises, the public purposes, and the acknowledgements and agreements contained herein and other good and adequate consideration, the sufficiency of which is hereby acknowledged, the Parties hereto do mutually agree as follows: Section 1. Contract Documents: This Agreement along with the following documents, attached hereto (except as expressly noted otherwise below) and incorporated herein by reference, constitute the Contract Documents: A. Scope of Work, attached hereto as "Exhibit A-1" and "Exhibit A-2"; B. Insurance Certificate, attached hereto as "Exhibit B"; C. Contractor Affidavit, attached hereto as "Exhibit C"; D. Subcontractor Affidavit, attached hereto as "Exhibit D"; and E. City of Milton Code of Ethics (codified in the official Code of the City of Milton). In the event of any discrepancy among the terms of the various Contract Documents, the provision most beneficial to the City, as determined by the City in its sole discretion, shall govern. Section 2. The Work: A general description of the Project is as follows: repair of leaks at City of Milton Fire Stations #41 and #43 (the "Project"). The Work to be completed under this Agreement (the "Work") includes, but shall not be limited to, the work described in the Scope of Work provided in Exhibit A-1 and Exhibit A-2, attached hereto and incorporated herein by reference. The Work includes all material, labor, insurance, tools, equipment, machinery, water, heat, utilities, transportation, facilities, services and any other miscellaneous items and work reasonably inferable from the Contract Documents. The term "reasonably inferable" takes into consideration the understanding of the Parties that some details necessary for proper execution and completion of the Work may not be shown on the drawings or included in the specifications or Scope of Work, but they are a requirement of the Work if they are a usual and customary component of the Work or are otherwise necessary for proper and complete installation and operation of the Work. Contractor shall complete the Work in strict accordance with the Contract Documents. Section 3. Contract Term; Termination: Contractor understands that time is of the essence of this Agreement and warrants and represents that it will perform the Work in a prompt and timely manner, which shall not impose delays on the progress of the Work. Contractor shall commence Work pursuant to this Agreement on or before the start date to be specified on a written "Notice to Proceed" issued by the City and shall fully complete the Work within twenty (20) business days of the start date specified in the "Notice to Proceed". The City may terminate this Agreement for convenience at any time upon providing written notice thereof to Contractor. Provided that no damages are due to the City for Contractor's breach of this Agreement, the City shall pay Contractor for Work performed to date in accordance with Section 5 herein. Section 4. Work Changes: Any changes to the Work requiring an increase in the Contract Price (defined below) shall require a written change order executed by the City in accordance with its purchasing regulations. Section 5. Compensation and Method of Payment: City agrees to pay Contractor the flat fee of $3,531.00 for the Work, in accordance with the pricing set forth in Exhibit A-1 and Exhibit A-2. ("Contract Price"), except as outlined in Section 4 above. Contractor represents that the Contract Price is sufficient to perform all of the Work set forth in and contemplated by this Agreement. Contractor shall take no calculated risk in the performance of the Work. Specifically, Contractor agrees that in the event it cannot perform the Work within the budgetary limitations established without disregarding sound principles of Contractor's industry, Contractor will give written notice thereof immediately to the City. City agrees to pay Contractor for the Work performed and costs incurred by Contractor upon the City's certification that the Work was actually performed and costs actually incurred in accordance with this Agreement. No payments will be made for unauthorized work. Compensation for Work performed and, if applicable, reimbursement for costs incurred shall be paid to Contractor upon the City's receipt and approval of an invoice setting forth in detail the Work performed and costs incurred, along with all supporting documents required by the Contract Documents or requested by the City to process the invoice. The invoice shall be accompanied by a waiver and release upon Final Payment procured by the Contractor from all subcontractors in accordance with O.C.G.A. § 44-14-366. Section 6. Covenants of Contractor: A. Ethics Code, Conflict of Interest. Contractor agrees that it shall not engage in any activity or conduct that would result in a violation of the City of Milton Code of Ethics or any other similar law or regulation. Contractor certifies that to the best of its knowledge no circumstances exist which will cause a conflict of interest in performing the services required by this Agreement. Contractor and the City acknowledge that it is prohibited for any person to offer, give, or agree to give any City employee or official, or for any City employee or official to solicit, demand, accept, or agree to accept from another person, a gratuity of more than nominal value or rebate or an offer of employment in connection with any decision, approval, disapproval, recommendation, or preparation of any part of a program requirement or a purchase request, influencing the content of any specification or procurement standard, rendering of advice, investigation, auditing, or in any other advisory capacity in any proceeding or application, request for ruling, determination, claim or controversy, or other particular matter, pertaining to any program requirement or a contract or subcontract, or to any solicitation or proposal therefor. The Contractor and the City further acknowledge that it is prohibited for any payment, gratuity, or offer of employment to be made by or on behalf of a sub - consultant under a contract to the prime Contractor or higher tier sub -consultant, or any person associated therewith, as an inducement for the award of a subcontract or order. B. Expertise of Contractor; 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 Work performed under this Agreement. The City will not, and need not, inquire into adequacy, fitness, suitability or correctness of Contractor's performance. The Contractor acknowledges and agrees that the acceptance or approval of any 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 and shall not relieve Contractor of the responsibility for adequacy, fitness, suitability, and correctness of Contractor's Work under professional and industry standards. C. Contractor's Reliance on Submissions by the City. Contractor must have timely information and input from the City in order to perform the Work required under this Agreement. Contractor is entitled to rely upon information provided by the City, but Contractor shall be required to provide immediate written notice to the City if Contractor knows or reasonably should know that any information provided by the City is erroneous, inconsistent, or otherwise problematic. D. Contractor's Representative; Meetings. JLC 9Z.� l� shall be authorized to act on Contractor's behalf with respect to the Work as Contractor's designated representative. Contractor shall meet with City's personnel or designated representatives to resolve technical or contractual problems that may occur during the term of this Agreement at no additional cost to City. E. Independent Contractor. Contractor hereby covenants and declares that it is engaged in an independent business and agrees to perform the Work as an independent contractor. The Contractor agrees to be solely responsible for its own 2 matters relating to the time and place the Work is performed and the method used to perform such Work; the instrumentalities, tools, supplies, and/or materials necessary to complete the Work; hiring and payment of subcontractors, agents, or employees to complete the Work, including compliance with Social Security, withholding, and all other regulations governing such matters. Any provisions of this Agreement that may appear to give the City the right to exercise a measure of control over such services will be deemed to mean that Contractor shall follow the directions of the City with regard to the results of such services only. Inasmuch as the City and the Contractor are independent of each other, neither has the authority to bind the other to any third person or otherwise to act in 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 Contractor enters into on behalf of the City without the express knowledge and prior written consent of the City. F. Responsibility of Contractor and Indemnification of City. Contractor covenants and agrees to take and assume all responsibility for the Work rendered in connection with this Agreement. Contractor shall bear all losses and damages directly or indirectly resulting to it and/or the City on account of the performance or character of the Work rendered pursuant to this Agreement. Contractor shall defend, indemnify, and hold harmless the City and the City's elected and appointed officials, officers, boards, commissions, employees, representatives, consultants, servants, agents, attorneys and volunteers (individually an "Indemnified Party" and collectively "Indemnified Parties") from and against any and all claims, suits, actions, judgments, injuries, damages, losses, costs, expenses and liability of any kind whatsoever, including, but not limited to, attorney's fees and costs of defense ("Liabilities"), which may arise from or be the result of a willful, negligent, or tortious act or omission 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 or omission is caused in part by a party indemnified hereunder. This indemnity obligation does not include Liabilities caused by or resulting from the sole negligence of an Indemnified Party. 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, defend, and hold harmless the Indemnified Party(ies) shall survive expiration or termination of this Agreement, provided that the claims are based upon or arise out of actions or omissions that occurred during the performance of this Agreement. G. Insurance. Contractor shall have and maintain in full force and effect for the duration of this Agreement, insurance of the types and amounts approved by the City, as shown on Exhibit B, attached hereto and incorporated herein by reference. Contractor shall also ensure that any subcontractors are covered by insurance policies meeting the requirements specified herein and provide proof of such coverage. As it relates to any general liability, automobile liability or umbrella policies, and except where such requirement is specifically waived in writing by the City, Contractor shall ensure that its insurer waives all rights of subrogation against the City for losses arising from Contractor's Work and that the City and its officials, employees or agents are named as additional insureds. 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. Employment of Unauthorized Aliens Prohibited — E -Verify Affidavit. Pursuant to O.C.G.A. § 13-10-91, the City shall not enter into a contract for the physical performance of services unless: (1) the Contractor shall provide evidence on City -provided forms, attached hereto as Exhibits C and D (affidavits to be sworn under oath under criminal penalty of false swearing pursuant to O.C.G.A. § 16-10-71), that it and its subcontractors have registered with, are authorized to use and use 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, and that they will continue to use the federal work authorization program throughout the contract period, or (2) the Contractor provides evidence that it is not required to provide an affidavit because it is an individual licensed pursuant to Title 26 or Title 43 or by the State Bar of Georgia and is in good standing. 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 3 to provide such an affidavit because it is an individual 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 Georgia Department of Labor Rule 300-10-1-.02. In the event the Contractor 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. The Contractor and Contractor's subcontractors shall retain all documents and records of their respective verification process for a period of five (5) years following completion of the contract. 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.] [CHECK ONE] 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. J. 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, contractors, and/or staff to likewise protect such confidential information. K. Licenses Certifications and Permits. Contractor covenants and declares that it has obtained and will maintain all diplomas, certificates, licenses, permits, or the like required of the Contractor by any and all national, state, regional, county or local boards, agencies, commissions, committees or other regulatory bodies in order to perform the Work. The Contractor shall secure and pay for the building permit and other permits and governmental fees, licenses and inspections necessary or customarily secured for proper execution and completion of the Work. L. Authority to Contract. The individual executing this Agreement on behalf of 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. M. Ownership of Work. All reports, designs, drawings, plans, specifications, schedules, work product, and other materials, including those in electronic form, prepared or in the process of being prepared for the Work ("Materials") shall be the property of the City, and the City shall be entitled to full access and copies of all such Materials in the form prescribed by the City. 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. N. Nondiscrimination. In accordance with Title VI of the Civil Rights Act, as amended, 42 U.S.C. § 2000d, section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6102, section 202 of the Americans with Disabilities Act of 1990, 42 U.S.C. § 12132, and all other provisions of Federal law, the Contractor agrees that, during performance of this Agreement, Contractor, for itself, its assignees and successors in interest, will not discriminate against any employee or applicant for employment, any subcontractor, or any supplier because of race, color, creed, national origin, gender, age or disability. In addition, Contractor agrees to comply with all applicable implementing regulations and shall include the provisions of this paragraph in every subcontract for services contemplated under this Agreement. Section 7. Final Proiect Documents; Warranty: Prior to final payment, Contractor shall deliver to City copies of any as -built drawings, operations, and maintenance manuals, and any other pertinent documents relating to the construction 4 and operation of the Work that is not otherwise in the possession of the City. Contractor shall repair or replace all defects in materials, equipment, or workmanship appearing within one (1) year from the date of completion at no additional cost to the City. Section 8. Miscellaneous: A. Complete Agreement; Counterparts; Third Party Rights. This Agreement, including all of the Contract Documents, constitutes the complete agreement between the Parties and supersedes any and all other agreements, either oral or in writing, between the Parties with respect to the subject matter of this Agreement. 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. This Agreement shall be exclusively for the benefit of the Parties and shall not provide any third parties with any remedy, claim, liability, reimbursement, cause of action or other right. B. Governing Law; Business License; Proper Execution. This Agreement shall be governed by and construed in accordance with the laws of the State of Georgia without regard to choice of law principles. Any action or suit related to this Agreement shall be brought in the Superior Court of Fulton County, Georgia or the U.S. District Court for the Northern District of Georgia — Atlanta Division, and Contractor submits to the jurisdiction and venue of such court. During the Term of this Agreement, Contractor shall maintain a business license with the City, unless Contractor provides evidence that no such license is required. Contractor agrees that it will perform its services in accordance with the usual and customary standards of the Contractor's profession or business and in compliance with all applicable federal, state, and local laws, regulations, codes, ordinances, or orders applicable to the Project, including, but not limited to, O.C.G.A. § 50-5-63, any applicable records retention requirements, and the Georgia Open Records Act (O.C.G.A. § 50-18-70, et seq.). C. Notices. All notices, requests, demands, 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 calendar 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 Party at the addresses first given above or at a substitute address previously furnished to the other Party by written notice in accordance herewith. D. Waiver; Sovereign Immunity. No express or implied waiver shall affect any term or condition other than the one specified in such waiver, and that one only to the extent specifically stated. 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. E. Agreement Construction and Interpretation• Invalidity of Provisions; Severability. Contractor represents that it has reviewed and become familiar with the Contract Documents, the nature and extent of the Work, work site(s), locality, and all local conditions, laws and regulations that in any manner may affect cost, progress, performance, or furnishing of the Work. Contractor represents that it has given the City written notice of all conflicts, errors, or discrepancies that the Contractor has discovered in the Contract Documents, and the written resolution thereof by the City is acceptable to the Contractor. The Parties hereto agree that, if an ambiguity or question of intent or interpretation arises, this Agreement is to be construed as if the Parties had drafted it jointly, as opposed to being construed against a Party because it was responsible for drafting one or more provisions of the Agreement. In the interest of brevity, the Contract Documents may omit modifying words such as "all" and "any" and articles such as "the" and "an," but the fact that a modifier or an article is absent from one statement and appears in another is not intended to affect the interpretation of either statement. Should any article(s) or section(s) of this Agreement, or any part thereof, later be deemed illegal, invalid or unenforceable by a court of competent jurisdiction, the offending portion of the Agreement should be severed, and the remainder of this Agreement shall remain in full force and effect to the extent possible 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 that may for any reason be hereafter declared invalid. 5 IN WITNESS WHEREOF, the City and the Contractor have executed this Agreement effective as of the Effective Date first above written. CONTRACTOR: c . CITY OF MILTON, GEORGIA Joe Lockwood, Mayor Signature: Attest: By: Its: [ CITY SEAL] City Clerk Approved as to form: City Attorney By: Its: [CIRCLE ONE] / - President/Vice President Co oratio General Partner (Partnership/Limited Partnership) Member/Manager (LLC) Owner (Sole Proprietorship/Individual) [CORPORATE SEAL] (required if corporation) Attest/Witness: By: Its: �►S /aA .�' �� 4fc A z ((Assistant) Corporate Secretary if corporation) 0 EXHIBIT A-1 EXHIBIT A-2 EXHI BIT B [INSERT INSURANCE CERTIFICATE MEETING STANDARD (OR OTHERWISE APPROVED) REQUIREMENTS OF THE CITY OF MILTON, GEORGIA] "EXHIBIT C'9 CONTRACTOR AFFIDAVIT AND AGREEMENT under O.C.G.A. § 13-10-91(b)(1) STATE OF�i O COUNTY OF 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, Georgia, has registered with, is authorized to use and uses the federal work authorization program commonly known as E -Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91. Furthermore, the undersigned contractor will continue to use the federal work authorization program throughout the contract period, and the undersigned contractor will contract for the physical performance of services in satisfaction of such contract only with subcontractors who present an affidavit to the contractor with the information required by O.C.G.A. § 13-10-91(b). Contractor hereby attests that its federal work authorization user identification number and date of authorization are as follows: Federal Work Authorization User Identification Number -/5/- �0iV"' Date of Authorization Name of Contractor Name of Project City of Milton, Georgia Name of Public Employer ,\ �EANF r ��� I hereby declare under penalty of perjury that the foregoing is true and correct. Executed on ir2aal, 201E in el -111—Y/ J (city), Uf/ic (state). Signature of Authorized Officer or Agent q:&4 !L ,4. &ay<;A'jf,- 6�4d62o i I -9 Printed Name and Title of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE -,-'/ DAY OF 179g/1," , 2016. Y PUBLIC My Commission Expires: •�{'��rrr��N`rr• Heidi Jeanette Dobson STATE OF OHIO County of Cuyahoga My Commission Expires 11-5-2016 6eElillCllIBE lL V' SUBC0NTP ACT0r A7FMAWT ANID AGR EEDy TENT Under O.C.Ce"11. § STATE OF ��°%5' COUNTY OF By executinn 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 Garland/DBS, Inc. on behalf of the City of Mil.on, Georgia, has registered with, is authorizes 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 pro am throughout the contract period. and the undersio ed subcontractor will contract for the physical performance of services in satisfaction of suer contract only with sab-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- suboontractor has received an affidavit froin any othor contracted sub -subcontractor, the undersigned sub,.ontractor mast forward, within five (5) business days of receipt. u 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: 449557 Fderal Work Authorization User identification Namber 02/04/2015 Date of Authoriza,;on Southern Commercial Roof Tech, LLC Name of Subc ontracto, _Tattle of Project City of Milton, Georgia ?Laine of Public Employer I hereby declare under penalty of penury that the foregoing is true and correct. Executed on e- i 201 in �r ��• V. (city), a4 (state). Signature of Authorized Officer or Arent Brandon Barron, Manager _ Printed Marne and Title of Authorized Officer or Agent SUBSCRIBED AND SWOWN ON THIS THE DAPI 11 t ,'20 1 �z. 3 g : JAN' .,�-=—"'; �•!��__._ " / / %r� ;- X01 � �. e•� 9' OTA,& 4' YL7I3LIC %, iG' << c0. G" � -'" a Ry My My Commission Expires: k11 -711S' Garland/DBS, Inc. 3800 East 91 st Street Cleveland, OH 44105 Phone: (800) 762-8225 Fax: (216) 883-2055 ROOFING MATERIAL AND SERVICES PROPOSAL City of Milton Fire Station #43 Date Submitted: 03/09/2016 Proposal #: 25 -GA -160225 MICPA # 14-5903 LIC: GCCO003281 Please Note: The following estimate is being provided according to the pricing established under the Master Intergovernmental Cooperative Purchasing Agreement (MICPA) with Cobb County, GA and U.S. Communities. This estimate should be viewed as the maximum price an agency will be charged under the agreement. Garland/DBS, Inc. administered a competitive bid process for the project with the hopes of providing a lower market adjusted price whenever possible. Scope of Work: Leak Repairs 1 Clean all repair areas thoroughly to ensure a good bond with materials. 2 Seal all z -closures within the leaking areas using Tuff Stuff Aluminum Stone urethane sealant. This is approx. 35' If. 3 Seal the seams in counter flashing metal within the leak areas using Tuff Stuff Aluminum Stone urethane sealant. This is approx. 2' If. 4 Seal all open joints at three Windows over leaking areas using Tuff Stuff Aluminum Stone urethane sealant. 5 Re -attach a 3' section of ridge cap that has popped off. Rivet it together to prevent it from happening again. 6 Replace the damaged boots on two pipes with new deck tite roof boots. 7 Caulk the storm collars of all 4 heat vents over the main bay using Tuff Stuff Aluminum Stone urethane sealant. 8 Seal all open joints and valley seams on the training room leak area using Tuff Stuff Aluminum Stone. 9 Inspect and clean out all gutters while on site. Linc Kern Pricing Item # Iters Description Unit Price Quantity Unit Extended Price Cost of Labor and Material for SCRT $ 1,521.00 1 EA $ 1,521 Sub Total Prior to Multipliers $ 1,521 Base Bid Total Maximum Price of t=ine Items under the MICPA: $ 1,734 Competitive Bid Results: Southern Commercial Roof Tech $ 1,734 Safeshield $ 2,329 Pride Roofing $ 2,388 Clarifications/Exclusions: 1. Sales tax is included. 2. Permits are excluded. 3. Bonds are included. 4. Plumbing, Mechanical, Electrical work is excluded. 5. Masonry work is excluded. 6. Prevailing wages are excluded. 7. Any work not exclusively described in the above proposal scope of work is excluded. Potential issues that could arise during the construction phase of the project will be addressed via unit pricing for additional work beyond the scope of the specifications. This could range anywhere from wet insulation, to the replacement of deteriorated wood nailers. Proposal pricing valid through 12/31/2016. If you have any questions regarding this proposal, please do not hesitate to call me at my number listed below. Respectfully Submitted, Jeff Kozak Garland/DBS, Inc. (216) 430-3518 4kozak garlandind.com Professional Services: Additional Professional 1.30.01 Services - Option 1: Professional Services can be Completed on a Cost Plus Basis 14% % $ 213 Sub -Totals After Multipliers $ 1,734 Base Bid Total Maximum Price of t=ine Items under the MICPA: $ 1,734 Competitive Bid Results: Southern Commercial Roof Tech $ 1,734 Safeshield $ 2,329 Pride Roofing $ 2,388 Clarifications/Exclusions: 1. Sales tax is included. 2. Permits are excluded. 3. Bonds are included. 4. Plumbing, Mechanical, Electrical work is excluded. 5. Masonry work is excluded. 6. Prevailing wages are excluded. 7. Any work not exclusively described in the above proposal scope of work is excluded. Potential issues that could arise during the construction phase of the project will be addressed via unit pricing for additional work beyond the scope of the specifications. This could range anywhere from wet insulation, to the replacement of deteriorated wood nailers. Proposal pricing valid through 12/31/2016. If you have any questions regarding this proposal, please do not hesitate to call me at my number listed below. Respectfully Submitted, Jeff Kozak Garland/DBS, Inc. (216) 430-3518 4kozak garlandind.com since 1 895 Garland/DBS, Inc. 3800 East 91St Street Cleveland, OH 44105 Phone: (800) 762-8225 Fax: (216) 883-2055 ROOFING MATERIAL AND SERVICES PROPOSAL City of Milton Fire Station #41 Date Submitted: 03/09/2016 Proposal #: 25 -GA -160226 MICPA # 14-5003 LIC: GCC0003281 Please Note: The following estimate is being provided according to the pricing established under the Master Intergovernmental Cooperative Purchasing Agreement (MICPA) with Cobb County, GA and U.S. Communities. This estimate should be viewed as the maximum price an agency will be charged under the agreement. Garland/DBS, Inc. administered a competitive bid process for the project with the hopes of providing a lower market adjusted price whenever possible. Scope of Work: Leak Repairs 1 Remove the existing shingles damaged by the bullet hole and install new shingles to match as closely as possible. 2 Remove and replace a 10' x 10' of shingles over the bathroom leak area using a shingle to match as closely as possible. Line Iters pricing Item # Item Description Unit Price Quantity Unit Extended Price Cost of Labor and Material for SCRT $ 1,576.00 1 EA $ 1,576 Sub Total Prior to Multipliers $ 1,576 1.30.01 Professional Services: Additional Professional Services - Option 1: Professional Services can be Completed on a Cost Plus Basis 14% % $ 221 Sub -Totals After Multipliers $ 1,797 Base Bid Total Maximum Price of Line Items under the iyiIICPA: $ 1,797 Competitive Bid Results: Southern Commercial Roof Tech $ 1,797 Safeshield $ 1,963 Pride Roofing $ 2,058 Clarifications/Exclusions: 1. Sales tax is included. 2. Permits are excluded. 3. Bonds are included. 4. Plumbing, Mechanical, Electrical work is excluded. 5. Masonry work is excluded. 6. Prevailing wages are excluded. 7. Any work not exclusively described in the above proposal scope of work is excluded. Potential issues that could arise during the construction phase of the project will be addressed via unit pricing for additional work beyond the scope of the specifications. This could range anywhere from wet insulation, to the replacement of deteriorated wood nailers. Proposal pricing valid through 12/31/2016. If you have any questions regarding this proposal, please do not hesitate to call me at my number listed below. Respectfully Submitted, Jeff Kozak Garland/DBS, Inc. (216) 430-3518 0kozak@garlandind.com ® p. ®p �+ A� REP CERTIFICATE OF LIABILITY INSURANCE [___DATE (MMIDDIYYYY) 01/14/2016 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Marsh USA, Inc. 4400 Comerica Bank Tower 1717 Main Street Dallas, TX 75201-7357 Attn: dallas.certs@marsh.com CN102137489--DBS-15-16 A CON CT NAME: PHONE FAX A/c No): E-MAIL ADDRESS: INSURERS AFFORDING COVERAGE NAIC # INSURER A: Ironshore Specialty Ins. Company 25445 INSURED Garland/DBS, Inc. 3800 East 91 st Street INSURER B : Travelers Indemnity Co 25658 INSURER C : Liberty Insurance Underwriters Inc. 19917 INSURER D : Travelers Property Casualty Company of America 25674 Cleveland, OH 44105 INSURER E: Hartford Fire Insurance Company 19682 GENERAL AGGREGATE $ 2,000,000 INSURER F: rnvconnce RFRTIGIrATF KitIMRIPR• HUU-UU21J44U2-U1 REVISION NUMBEK: I THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF MM/DD/YYYY POLICY EXP MMIDD/YYYY LIMITS A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE M OCCUR X SIR -$100,000 002589900 12/05/2015 12/05/2016 EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTED PREMISES Ea occurrence $ 500,000 MED EXP (Any one person) $ 10,000 PERSONAL & ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY I PECOT- El LOC OTHER: GENERAL AGGREGATE $ 2,000,000 PRODUCTS - COMP/OP AGG $ 2,000,000 B AUTOMOBILE LIABILITY XANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS X HIRED AUTOS X AUUTOSNON-O�ED 810 -5G239979 -IND -15 12/05/2015 12/05/2016 COMBINED SINGLE LIMIT $ 1,000,000 Ea accident BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PRPERTY Peer a cid ntDAMAGE $ C X UMBRELLA LIABX EXCESS LIAB OCCUR CLAIMS -MADE 1000021688-06 12/05/2015 12/05/2016 EACH OCCURRENCE $ 5,000,000 AGGREGATE $ 5,000,000 DED I I RETENTION $ $ D WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N ANY PROPRIETOR/PARTNER/EXECUTIVE M OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below N / A UB -5G220236-15 12/05/2015 12/05/2016 H X I STATUTE I I EER E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYE $ 1,000,000 E.L. DISEASE -POLICY LIMIT 1,000,000 E E Inland Marine Inland Marine 83 MS VV9553 K3 (Ded: $50,000) 83 MS VV9553 K3 (Ded: $2,500) 12/05/2015 12/05/2015 12/05/2016 12/05/2016 Installation Floater 900,000 Leased/Rented Equip 100,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Certificate Holder is included as additional insured where required by written contract with respect to General Liability and Auto Liability. CERTIFICATE City of Milton 13000 Deerfield Parkway - Suite 107F Milton, GA 30004 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE of Marsh USA Inc. Manashi Mukherjee !twLawaea> moi+` l9 Iyi3 i5'LV 14 HVVRIJ I+IJRI'tJRH I IV IY. Flu nynw /CJcI vcu. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: CN102137489 LOC #: Dallas ACCORH ADDITIONAL REMARKS SCHEDULE Page 2 of 2 AGENCY Marsh USA, Inc. NAMED INSURED Garland/DBS, Inc. 3800 East 91 st Street Cleveland, OH 44105 POLICY NUMBER CARRIER NAIC CODE EFFECTIVE DATE: NAL KtMAKPKJ THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: Certificate of Liability Insurance Other property deductibles may apply as per policy terms and conditions. ACORD 101 (2008/01) v [UUu AGUKU I-UrcrUKA I IUN. All ngnrs reservUu. The ACORD name and logo are registered marks of ACORD o D Fenn Request for Taxpayer Give Form to the (Rev. December 2014) Identification Number and Certification requester. ®o not D-partmont of the Treasury Gelid to the IRS. Internal Rovenuo Service (dame (as shown on your income tax return). Name Is required on this line; do riot leave this line blank. Garland/DBS, Inc. 2 Business name/disregarded entity name, 11 different from above N (D M a e _ 3 Check appropriate box for federal tax classification; check only one of the following seven boxes: 4 Exemptions (codes apply only to certain entities, not Individuals; see 0 ❑ Individual/colo proprietor or ❑ C Corporation ❑✓ S Corporation ❑ Partnorchip ❑ Trust/ostato Instructions on page 3): 2 ® single -member LLC Exempt payee code (if any) ❑ Limited liability company. Enter the tax classification (C=C corporation, S=S corporation, P=partnership) D iiiExemption u from FATCA reporting Note. For a singlo-mombor LLC that Is disregarded, do not check LLC; check the appropriate box In the Lne above for the tax classification of the single -member owr,or, code (f any) ❑ Other (sea Instructions) D Vpp'" fo eccounn ma'ntared ovltdo tl• U.S) u b Address (number, street, and opt. or suite no,) Requestei s name and address (optional) u f, 3800 East 91st Street m 6 City, late, and ZIP code ri Cleveland, Ohio 44105 7 List account number(s) here (optional) taxpayer Idontification Nutrtbor (I'M Enter your TIN In the appropriate box. The TIN provided must match the name given on line 1 to avoidSocial cacudty number m ~ backup ain,solwithholding. For Individuals, this is generally your social security number (page However, fora resident alien, sole proprietor, or disregarded entity, see the Part I instructions on page 3. For other ntities it is our em loer Identification number (EIN) If you do not have a number, see How to get n e Y P Y TIN on page 3, or Note. If the account Is In more than one name, see the instructions for line 1 and the chart on page 4 for I-... I'loy"""G" guidelines on Whose number to enter. ii �j U I O I — 0 1 5 1 2 1 5 1 4 1 5 1 2 Under penalties of perjury, I certify that: 1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be Issued to me); and 2. 1 am not subject to backup withhclding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withhclding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that i am no longer subject to backup withholding; and 3. 1 am a U.S, citizen or other U.S. person (def.ned below); and 4. The FATCA code(s) entered on this form (if any) Indicating that I am exempt from FATCA reporting Is correct. Certification Instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all Interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage Interest paid, acquisition or abandonment of socured property, cancellation of debt, contributions to an Individual retirement arrangement (iRA), and generally, payments other than interest and dividends, you are not required to sign the certification, but you must provide your correct TIN. See the Instructions on page 3. Sign Signature of Isere U.S. person D' Date D s General Instructions Section references are to the Internal Revenue Code unless otherwise noted. Future doveloprnonts. Information about dove!opments affoeVng Form W-9 (such as legislation enacted after we rclease it) Is at rwnv.lrs gov/Av9. Purpose of Conn An Indivduat or entity (Form W-9 raqu^_s!er) v;ho is required to file an Info,mation return with the IRS must obtain your correct taxpayer Idonlifcation number (TIN) which may be your social security number (SSN), Indw!dual taxpayer Identification number QTIi, adoption taxpayer Identification number (ATIN�, or employer Identi0calion number (EIN ), to report on sn information re'urn the amount paid to ycu, or other amount reportable on an Information return. Examp!es of Information returns Include, but are not limited to, the following: • Form 1099 -INT (Interest earned or paid) • Form 1099 JIV (dividends, Inc;ud ng those from stocks or mutual funds) • Form 1099-MISC (various types of Income, prizes, awards, or gross proceeds) • Form 1099-13 (stock cr mutual fund sales and certa'n other transactlons by brokers) • Fenn 1099-S (proceeds from real estate transactions) • Form 1099-K (merchent card and third party network transactions) • Form 1098 (home mortgage Interest), 1090-E (student loan Interest), 1098-T (tuition) • Form 1099-C (canceled debt) • Forn, 1099-A (acquisition or nbandonment of secured property) Use Form W-9 only if you are a U.S, person (ncl.rding a resident alien), to provide your correct TIN. If you do not return Form W-9 to the requester with a TIN, you might be sub,'ect to backup withholding. See What is backup wilhhotdingl on page 2. By signing the filed -out form, you: 1. Certify that the TIN you are giving Is correct (or you are waiting for a number to be Issued), 2. Certify that you aro not subject to backup withholding, or 3. Claim exemption from backup withholding if you are a U.S. exempt payee. If applicable, you are also certityl-g that as a U.S. person, your allocable share of any partnership Income from a U.S. trade or business is not subject to the withholding tax on foreign partners' share of effecGvety connected Income, and 4. Certify that FATCA code(s) entered on this form (if any) indicating that you are exempt from the FATCA reporting, Is correct. See What Is FATCA reporting? on page 2 for further informatlon. Cat. No. 10231X Form W-9 (Rev. 12-2014) TO: FROM: AGENDA ITEM: MEETING DATE: HOME OF ' "N ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM City Council DATE: March 28, 2016 Steven Krokoff, Interim City Manager Proclamation Recognizing National Library Week. Monday, April 11, 2016 Regular City Council Meeting BACKGROUND INFORMATION. (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (APPROVED CITY ATTORNEY APPROVAL REQUIRED: () YES CITY ATTORNEY REVIEW REQUIRED: () YES APPROVAL BY CITY ATTORNEY () APPROVED PLACED ON AGENDA FOR: G� I II) 2o) (0 REMARKS IT** Your PHONE: 678.242.2500 1 FAX: 678.242.2499 info@cityofmiltonga.us I www.cityofmiltonga..us 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 (J NOT APPROVED ((10 ((10 (J NOT APPROVED Community 'r:ll!__.._. * *1* f Top 1UU �eu.ni.irr E�t;cs E _T NATIONAL LIBRARY WEEK WHEREAS, libraries are the heart of their communities, campuses, and schools; and WHEREAS, librarians work tirelessly to meet the changing needs of their communities, from providing linguistically diverse literature and life-skill classes to bringing services outside of library walls; and WHEREAS, libraries and librarians bring together community members to enrich and shape the community and address local issues; and WHEREAS, librarians are trained, tech-savvy professionals, providing technological training and access to downloadable content like e-books; and WHEREAS, libraries offer programs to meet community needs by providing residents with resume writing classes, homework help, financial planning services to teens applying for student loans, as well as retirement planning for older adults; and WHEREAS, libraries continuously grow and evolve in how they provide for the needs of every member of their communities; and WHEREAS, libraries, librarians, library workers, and supporters across America are celebrating National Library Week. NOW, THEREFORE, we, the Mayor and City Council of the City of Milton, hereby recognize NATIONAL LIBRARY WEEK APRIL 10-16 and encourage all of our citizens to visit the Milton Library this week to take advantage of all the wonderful library resources that are available. Given under our hand and seal of the City of Milton, Georgia on this 11th day of April, 2016. __________________________ Joe Lockwood, Mayor 1; TO: FROM: AGENDA ITEM: MEETING DATE: HOME OF ' ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM City Council DATE: March 28, 2016 Steven Krokoff, Interim City Manager Proclamation - Support of Extension of the Special One Percent Sales Tax for Educational Purposes. Monday, April 11, 2016 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (✓APPROVED CITY ATTORNEY APPROVAL REQUIRED: () YES CITY ATTORNEY REVIEW REQUIRED: () YES APPROVAL BY CITY ATTORNEY () APPROVED PLACED ON AGENDA FOR: Oq/ll12016 REMARKS () NOT APPROVED (,I'NO (,�'NO (J NOT APPROVED ® 10 YOUEM y� .en.. " *Certitieil * 7op 1W PHONE: 678.242.2500 1 FAX: 678.242.2499 info@cityofmiltonga.us I www.cityofmiltonga.us Community 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 Support of Extension of the Special One Percent Sales Tax for Educational Purposes WHEREAS, education is essential for the well-being and development of the children of Milton and Fulton County; and WHEREAS, a well-educated population benefits all citizens and contributes to the economic prosperity and cultural and social development of such citizens; and WHEREAS, the Fulton County Board of Education unanimously adopted a resolution that will ask voters to approve the extension of the existing five-year education plan sales tax; and WHEREAS, most commonly called SPLOST (Special Purpose Local-Option Sales Tax), the one-penny sales tax is expected to raise $976.3 million for Fulton County school improvements over a five-year period (2017 – 2022); and WHEREAS, these improvements translate to new or replacement of schools and to support the district’s personalized learning initiatives; and WHEREAS, school systems, such as Fulton County, have placed SPLOST referendum since 1996 on the ballot so voters can have more choice in how school improvements are funded; and WHEREAS, SPLOST is a pay-as-you-go-tax and the burden of paying the tax is shared by all retail consumers; and WHEREAS, if passed by voters on May 24, 2016, would provide for new construction, school renovations or modifications projects, technology enhancements, furniture and equipment, Capital Seed Fund, safety and security, transportation and debt services; and WHEREAS, will also provide a new STEM focused high school campus/center in North Fulton and the replacement of Crabapple Middle School ; and NOW, THEREFORE, we, the Mayor and City Council of the City of Milton, hereby express its support for the proposed extension of the SPLOST for educational purposes in Fulton County. Given under our hand and seal of the City of Milton, Georgia on this 11th Day of April, 2016. _______________________ Joe Lockwood. Mayor 0 TO: FROM: HOME OF' JE BEST QUALITY OF LIFE IN GEORG LTO N ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM City Council DATE: March 28, 2016 Steven Krokoff, Interim City Manager AGENDA ITEM: Consideration of RZ16-02/VC16-01 - 745 Ebenezer Road by Brightwater Homes, LLC To Rezone from AG -1 (Agricultural) to CUP (Community Unit Plan) to develop 50 Single Family Homes on 63.57 Acres at an Overall Density of 0.79 Units per Acre and a Concurrent Variance to Increase the Maximum Lot Coverage from 20 Percent to 50 Percent for Each Individual Lot [Sec. 64-1141 (d) (1) (b)]. MEETING DATE: Monday, April 11, 2016 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (,11APPROVED CITY ATTORNEY APPROVAL REQUIRED: () YES CITY ATTORNEY REVIEW REQUIRED: () YES APPROVAL BY CITY ATTORNEY () APPROVED PLACED ON AGENDA FOR: 0q bII 2 * REMARKS (J NOT APPROVED (,�`NO (..J/ O (J NOT APPROVED Your _ PHONE: 678.242.25001 FAX: 678.242.2499 M" *crr,itird* p �� infoftityofmiltonga.us 1 www.cityofmiltonga.us��T�® Communitych1C, t "B <<j 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 '"°"' "' Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on April 25, 2016 (First Presentation April 11, 2016) 3/30/2016 Page 1 of 23 RZ16-02/VC16-01 RZ16-02/VC16-01 PROPERTY INFORMATION ADDRESS 745 Ebenezer Road DISTRICT, LAND LOT 2/2 1016, 1073, 1074 OVERLAY DISTRICT Rural Milton EXISTING ZONING AG-1 (Agricultural) PROPOSED ZONING CUP (Community Unit Plan) ACRES 63.57 EXISTING USE Undeveloped PROPOSED USE 50 Single Family Residential lots PETITIONER Brightwater Homes, LLC – Charlie Bostwick ADDRESS 230 Hammond Drive Sandy Springs, GA 30328 REPRESENTATIVE Pete Hendricks 6085 Lake Forrest Drive, Suite 200 Atlanta, GA 30328 COMMUNITY DEVELOPMENT RECOMMENDATION – MARCH 23, 2016 RZ16-02 – DENIAL VC16-01 – DENIAL PLANNING COMMISSION RECOMMENDATION – MARCH 23, 2016 RZ16-02 – DENIAL (7-0) VC16-01 – DENIAL (7-0) INTENT To rezone from AG-1 (Agricultural) to CUP (Community Unit Plan) to develop 50 single family homes on 63.57 acres at an overall density of 0.79 units per acre and a concurrent variance to increase the maximum lot coverage from 20 percent to 50 percent for each individual lot (Sec. 64-1141(d)(1)(b)). Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on April 25, 2016 (First Presentation April 11, 2016) 3/30/2016 Page 2 of 23 RZ16-02/VC16-01 PLANNING COMMISSION RECOMMENDATION – FEBRUARY 24, 2016 RZ16-02/VC16-01 – DEFERRAL TO THE MARCH 23, 2016 PLANNING COMMISSION MEETING Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on April 25, 2016 (First Presentation April 11, 2016) 3/30/2016 Page 3 of 23 RZ16-02/VC16-01 LOCATION MAP Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on April 25, 2016 (First Presentation April 11, 2016) 3/30/2016 Page 4 of 23 RZ16-02/VC16-01 CURRENT ZONING MAP Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on April 25, 2016 (First Presentation April 11, 2016) 3/30/2016 Page 5 of 23 RZ16-02/VC16-01 2030 FUTURE LAND USE MAP Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on April 25, 2016 (First Presentation April 11, 2016) 3/30/2016 Page 6 of 23 RZ16-02/VC16-01 50 lot development plan (yield plan) per Sec. 64-896 Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on April 25, 2016 (First Presentation April 11, 2016) 3/30/2016 Page 7 of 23 RZ16-02/VC16-01 Level Three Soil Map Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on April 25, 2016 (First Presentation April 11, 2016) 3/30/2016 Page 8 of 23 RZ16-02/VC16-01 Level Three Soil Map Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on April 25, 2016 (First Presentation April 11, 2016) 3/30/2016 Page 9 of 23 RZ16-02/VC16-01 Site Plan submitted on January 7, 2016 Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on April 25, 2016 (First Presentation April 11, 2016) 3/30/2016 Page 10 of 23 RZ16-02/VC16-01 Revised Conceptual Site Plan Submitted February 17, 2016 Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on April 25, 2016 (First Presentation April 11, 2016) 3/30/2016 Page 11 of 23 RZ16-02/VC16-01 Revised Site Plan Submitted on March 17, 2016 Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on April 25, 2016 (First Presentation April 11, 2016) 3/30/2016 Page 12 of 23 RZ16-02/VC16-01 SUBJECT SITE AND BACKGROUND: The subject site contains 63.57 acres and is undeveloped although one of the parcels did have a single family residence adjacent to the lake which has been demolished. The site is zoned AG-1 (Agricultural) and is located within the “Agricultural, Equestrian, Estate Residential ” designation of the 2030 City of Milton Comprehensive Plan. The applicant is requesting a rezoning to CUP (Community Unit Plan) to build 50 single family residences at an overall density of 0.79 units per acre. SITE PLAN ANALYSIS DEVELOPMENT PLAN – SEC. 64-896 Properties not served by sanitary sewer shall be required to provide a site plan to determine the maximum number of lots on the subject site as follows: The number of lots in a CUP development shall not exceed the number of lots that can be reasonably created within an AG-1 zoned development at the same site location. The following items shall be submitted to determine the lot yield for the subject property: (1) Indicate all bodies of water and the appropriate buffers; (2) Provide a level 3 soil analysis; (3) Provide a tree survey indicating specimen and heritage trees; (4) Indicate the configuration of lots and associated minimum building setbacks; and (5) Show approximate location of house footprint on each lot. The applicant has submitted all of the above listed items depicted as a “traditional” AG-1 (Agricultural) district subdivision. Based on these parameters, the maximum number of lots that can be developed is 50 lots. Staff also refers to this plan as the “Yield Plan”. DEVELOPMENT STANDARDS – SEC. 64-897 - CUP (Community Unit Plan) Development Standards Proposed Development No building shall exceed 40 feet in height Applicant has not indicated height Minimum lot area as specified in conditions The minimum lot size shown is 11,250 sq. ft. Minimum CUP development size shall be four acres The CUP development size is 63.57 acres Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on April 25, 2016 (First Presentation April 11, 2016) 3/30/2016 Page 13 of 23 RZ16-02/VC16-01 Maximum density allowed is 5 units per gross acre The density of the subject site is 0.79 units per acre Minimum lot width (at building line) per conditions 72 feet Minimum CUP development frontage shall be 35 feet Exceeds the minimum Minimum lot frontage shall be 20 feet adjoining a street 20 feet minimum Minimum heated floor area as specified in conditions 2,400 square feet Minimum perimeter setback as specified Per the site plan The following are proposed building setbacks and development standards for individual lots (CUP allows for applicant to specify building setbacks): a) Front yard setback – 10 feet (20 feet previously) b) Side yard setback – 5 feet with minimum 15-foot separation between buildings c) Side yard setback adjacent to a street – 20 feet d) Rear yard- 20 feet The applicant has indicated that there will be a minimum of 50 percent open space. Below is the Zoning Ordinance’s definition of “open space”: Open space means a portion of a site which is permanently set aside for public or private use and will not be developed. The space may be used for passive or active recreation or may be reserved to protect or buffer natural areas. (1) The term "open space" includes wooded areas other than required landscape strips and buffers, pathways/walkways, fields, and sensitive environmental areas such as wetlands, etc. (2) The term "open space" does not include detention facilities and platted residential lots. OTHER SITE PLAN CONSIDERATIONS OF THE APPLICANT’S REVISED CONCEPTUAL SITE PLAN SUBMITTED MARCH 17, 2016 The proposed site plan does not indicate sidewalks within the development or along Ebenezer Road. The construction of sidewalks within a residential land use designation of one unit or less shall be decided on a case-by-case basis pursuant to Chapter 50 of Subdivisions (City Code). The applicant has stated Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on April 25, 2016 (First Presentation April 11, 2016) 3/30/2016 Page 14 of 23 RZ16-02/VC16-01 that internal walking paths throughout the entire property should be considered in lieu of the sidewalk requirement. Staff notes that Ebenezer Road and its associated right-of-way is in the City of Roswell. Therefore, Staff has included transportation conditions to be coordinated with the City of Roswell. The conceptual site plan submitted on March 17, 2016 does not show any stormwater management facilities on the site. A conceptual stormwater management plan will be required prior to the submittal of a Land Disturbance Permit. The applicant proposes to utilize a community septic system where each lot will have its own septic tank and the effluent is pre-treated and then applied onto a dedicated site for leaching for the entire community. The site plan indicates the general location of the community septic leaching area in the undeveloped area on the site plan submitted on January 7, 2016. Staff notes that this system would be evaluated and permitted by the Georgia Department of Natural Resources, Environmental Protection Division and not the Fulton County Health Department. SITE PLAN OBJECTIVES FOR THE PROPOSED DEVELOPMENT It is Staff’s opinion that in order to preserve the subject site and create a community that is designed with the property and its unique qualities, Staff suggests the following objectives when evaluating the proposed site plan: 1) Conservation Area (size) – The overall amount of open space or conservation area is 50%. The majority is located in the northeast portion of the property and it is Staff’s opinion that this northeast portion of the property should be developed in order to preserve the rural view shed along Ebenezer Road. 2) Small rural enclave or hamlets – The development pattern appears to be more suburban in character than enclave or hamlets. 3) Small residential nodes – There are three areas but two of the three areas dead end and do not connect. 4) Consider this parcel as part of a larger overall plan for the area – Potential for connecting with adjacent parcels that may be developed in the future has not been shown on the site plan. 5) Preserve rural character from the roadway(s) – Although there is approximately 100 feet of viewshed with additional area on the eastern portion of the site adjacent to Ebenezer Road, more of the Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on April 25, 2016 (First Presentation April 11, 2016) 3/30/2016 Page 15 of 23 RZ16-02/VC16-01 development should be pushed away from the road to protect the existing pastureland and placed in the north east section of the site. 6) Vehicular and pedestrian inter-connectivity – It appears there can be easy pedestrian inter-connectivity, but vehicular inter-connectivity is not shown to adjacent parcels. 7) Naturalized detention area(s)- It appears that the existing pond will be utilized but further details will be needed. 8) Internal trail network- There is an internal trail network on the site. 9) Rural architecture/local vernacular – The applicant is in agreement with this type of architecture but has not agreed to individual building permit approval by the City Architect. 10) Preserve existing vegetation and topography to the extent possible when siting homes. The applicant has indicated that he is not in agreement for the City Arborist to approve each lot’s site plan for removal of vegetation which is not subject to the Tree Preservation Ordinance. 11) Variable lot sizes and building locations on the lot – Although there are different size lots, they are divided up into four locations instead of creating pods of home sites so that there is the opportunity to locate homes based on topography and vegetation. This method would preserve specimen trees and or stands of trees on the site. It is Staff’s recommendation not to support the applicant’s revised conceptual site plan submitted March 17, 2016 because it does not meet the above site plan objectives and provide the best solution for developing the subject site. VC16-01 - To increase the maximum lot coverage from 20 percent to 50 percent for each individual lot (Sec. 64-1141(d)(1)(b)). The applicant has requested the above concurrent variance to increase the maximum lot coverage based on the fact that the lots are small in size and would not meet the maximum 20 percent requirement which is typically attainable when one acre lots are developed. Staff does not recommend the submitted site plan by the applicant and therefore recommends DENIAL of VC16-01 but the request is included in the Recommended Conditions if the Mayor and City Council choose to approve the increased lot coverage to 50 percent. ENVIRONMENTAL SITE ANALYSIS The applicant has included various environmental and engineering studies regarding the site, but has not completed the listing of questions on the ESA as required by Section 64-2126 of the zoning ordinance. A field survey of the site Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on April 25, 2016 (First Presentation April 11, 2016) 3/30/2016 Page 16 of 23 RZ16-02/VC16-01 was conducted by Staff and verified the presence of a perennial stream, manmade pond, wetlands, steep slopes, and specimen trees. CITY ARBORIST The applicant included the specimen trees on the yield plan. At the time of submittal of a land disturbance permit, more detailed evaluation of the specimen trees will be made. FULTON COUNTY BOARD OF EDUCATION Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on April 25, 2016 (First Presentation April 11, 2016) 3/30/2016 Page 17 of 23 RZ16-02/VC16-01 FINANCIAL MODELING RESULTS Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on April 25, 2016 (First Presentation April 11, 2016) 3/30/2016 Page 18 of 23 RZ16-02/VC16-01 PUBLIC INVOLVEMENT On January 26, 2016 the applicant was present at the Community Zoning Information Meeting (CZIM) held at the Milton City Hall. There were seven residents from the community in attendance who signed the sign in sheets. The community stated that they were concerned about the additional traffic that 50 lots would produce and the small lots instead of one acre lots. PUBLIC PARTICIPATION REPORT The applicant held their Public Participation meeting on Monday, February 15, 2016 at the Kroger Community Room at12460 Crabapple Road. There were ten residents in attendance. Attached at the end of the report are the questions and concerns raised at the meeting. The applicant provided the required Public Participation Report on February 19, 2016 via e-mail. CITY OF MILTON DESIGN REVIEW BOARD COURTESY REVIEW – February 2, 2016 Comments:  The applicant will revise plans after community/staff meetings and re- present to the DRB at its March meeting. The applicant did not have a revised site plan available for the March meeting. Staff suggests that it can be presented at the April DRB meeting. 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 50 lot single family residential subdivision developed at a density of 0.79 units per acre is inconsistent with adjacent and nearby properties which are scattered single family residences on large lots. The proposed lots are less than one acre in size, the distance of some of the proposed lots adjacent to the west property line is less than 50 feet although the lots adjacent to the east and north are more than a typical 50 foot AG-1 building setback. It is Staff’s opinion that the applicant can create a more appropriate development pattern by moving a portion of Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on April 25, 2016 (First Presentation April 11, 2016) 3/30/2016 Page 19 of 23 RZ16-02/VC16-01 the lots to the northeastern portion of the site where there is no development. This would allow for a larger “view shed” along Ebenezer Road and eliminate the dead end cul-de-sacs. 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 and the site can be developed so that the lots can be moved away from Ebenezer Road to preserve the rural viewshed and cross the stream to the northeast portion of the site. In addition, there can be groupings of lots with greenspace in between and the ability to site each house to preserve any appropriate vegetation or topography. 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. The estimated number of new students for the proposed rezoning which will have an impact on the Crabapple Crossing Elementary, Northwestern Middle School, and Milton High School. Although all three schools are enrolled over the capacity, the schools are made aware of the demographic changes occurring in the region. The proposed subdivision, if developed with the Recommended Conditions regarding transportation may not have a negative impact on exciting streets, transportation facilities, or utilities if developed with the Recommended Conditions. 5. Whether the proposal is in conformity with the policies and intent of the land use plan? 2030 City of Milton Comprehensive Plan: Agricultural, Equestrian, Estate Residential Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on April 25, 2016 (First Presentation April 11, 2016) 3/30/2016 Page 20 of 23 RZ16-02/VC16-01 Proposed use/density: Single Family Residential at 0.79 units per acre Although the proposed CUP (Community Unit Plan) development conforms to the recommended overall density of one unit or less per acre, it does not conform to the following suggested policy and intent of the 2030 City of Milton Comprehensive Plan if developed with the Recommended Conditions.  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? It is Staff’s opinion that the proposed conceptual site plan submitted on March 17, 2016 by the applicant does not provide the best site plan for the subject site considering the site’s pristine, rural character. 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 may not be environmentally adverse to the natural resources, environment and citizens of the City, but it is the opinion of Staff that the homes can be better sited on the property to preserve the natural resources such as trees and unique topography of the site. CONCLUSION Based on the above analysis of the proposed development, Staff recommends DENIAL of RZ16-02 and VC16-01. If the Mayor and City Council chooses to approve the applicant’s conceptual site plan submitted on March 17, 2016, the attached Recommended Conditions should be approved. Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on April 25, 2016 (First Presentation April 11, 2016) 3/30/2016 Page 21 of 23 RZ16-02/VC16-01 RECOMMENDED CONDITIONS If this petition is approved by the Mayor and City Council, the rezoning of property located at 745 Ebenezer Road should be approved for CUP (Community Unit Plan) CONDITIONAL subject to the owner’s agreement to the following enumerated conditions. Where these conditions conflict with the stipulations and offerings contained in the Letter of Intent, these conditions shall supersede unless specifically stipulated by the Mayor and City Council. 1) To the owner’s agreement to restrict the use of the subject property as follows: a) Single family detached dwellings and accessory uses and structures. b) No more than 50 total dwelling units at a maximum density of 0.79 units per acre, whichever is less, based on the total acreage zoned. Approved lot/units totals are not guaranteed. The developer is responsible through site engineering (at the time of application for a Land Disturbance Permit) to demonstrate that all lots/units within the approved development meet or exceed all the development standards of the City of Milton. The total lot/units yield of the subject site shall be determined by this final engineering. 2) To the owner’s agreement to abide by the following: a) To the revised concept site plan submitted on March 17, 2016. 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 lot size – 11,250 square feet b) Minimum lot width (at building line) – 72 feet c) Minimum lot frontage – 20 feet Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on April 25, 2016 (First Presentation April 11, 2016) 3/30/2016 Page 22 of 23 RZ16-02/VC16-01 d) Minimum heated floor area per unit – 2,400 square feet e) Minimum front yard setback – 10 feet f) Minimum side yard setback – 5 feet with a 15 foot building separation g) Minimum side yard setback adjacent to a street – 20 feet h) Minimum rear yard- 20 feet i) Adjacent to AG-1 (Agricultural) – Per the Site Plan j) Minimum perimeter setback for the development – Per the Site Plan k) Prior to issuance of each building permit, the City Architect shall approve exterior elevations and placement of the building on the lot. l) Prior to issuance of each building permit or individual grading permit, the City Arborist shall approve the number and type of trees and vegetation that can be removed from the lot. m) Provide a minimum of 50 percent open space. n) Maximum lot coverage of 50 percent for each individual lot. (VC16-01). o) In order to provide a defined building construction area, provide a plan at the time of Land Disturbance Permit submittal that indicates the areas of disturbance including grading and tree removal for the site. All areas not disturbed or graded shall remain in a natural state. 4) To the owner’s agreement to abide by the following requirements, dedications, and improvements: a) Dedicate at no cost to the City of Roswell prior to the approval of a Land Disturbance Permit, sufficient land as required by the City of Roswell Department of Transportation i. Proposed right-of-way shall be located no less than 16 feet behind the edge of pavement of Ebenezer Road as required by the City of Roswell Department of Transportation ii. Provide 5 foot wide sidewalk with minimum 10 foot wide grass strip along entire property frontage of Ebenezer Road as approved by the City of Roswell Department of Transportation. All proposed infrastructure improvements (i.e. sidewalk, curb and gutter, ditch, etc…) shall tie to the existing facilities on adjacent properties as required by the City of Milton Public Works Department and City of Roswell Department of Transportation. b) Dedicate at no cost to the City of Milton sufficient land as necessary to provide for 50 feet of right of way from the proposed roadway to the northwest property line for future interparcel connection as required and approved by the City of Milton Public Works Department. Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on April 25, 2016 (First Presentation April 11, 2016) 3/30/2016 Page 23 of 23 RZ16-02/VC16-01 c) Access to the site shall be subject to the approval of the City of Milton Public Works Department and the City of Roswell Department of Transportation, prior to the issuance of a Land Disturbance Permit. 5) To the owner’s agreement to abide by the following: a) Owner shall be required to have an approved stormwater concept plan prior to submission of a land disturbance permit application. b) Owner agrees to limit the number of homes adjacent to the viewshed along Ebenezer Road to no more than seven (7) homes. c) Owner agrees to the following items regarding the community septic system: i. Owners shall submit a perpetual maintenance and operations bond sufficient to cover the replacement of all essential mechanical equipment and provide for a minimum of three years of contract operations services. The perpetual maintenance and operations bond shall be in a form and amount acceptable to the City and from a surety rated no less than B++ by A.M. Best. ii. Owner shall submit a Trust Indenture in a form acceptable to the Georgia Environmental Protection Division and the city of Milton shall have the authority to approve the Trustee. The Owner shall provide written statements indicating that the proposed Trustee’s relationship to the Grantor does not create a conflict of interest for the Trustee and that the Trustee is willing and capable of the responsibilities established by the Trustee Indenture. iii. Owner shall submit to the city, prior to City Council approval, confirmation from Fulton County that the proposed septic system is in compliance with the standards of the health and wellness department and the Fulton County sewerage regulations. iv. City shall have the right to review and approve the design of any community septic system proposed for the project prior to the issuance of a land disturbance permit. v. No expansion of the system, other than as may be required by the appropriate regulatory authority, shall be permitted and no lots, other than those shown on the approved site plan shall be added to the community septic system. Neighborhood covenants shall be prepared and recorded that provide that the system shall not be expanded to serve lots or development outside of the lots on the approved site plan. Page 1 of 8 ORDINANCE NO._______ PETITION NO. RZ16-02/VC16-01 STATE OF GEORGIA COUNTY OF FULTON AN ORDINANCE TO APPROVE A REZONING FROM AG-1 (AGRICULTURAL) AND CUP (COMMUNITY UNIT PLAN) FOR A 50 LOT SINGLE FAMILY SUBDIVISION ON 63.57 ACRES LOCATED AT 745 EBENEZER ROAD. BE IT ORDAINED by the City Council for the City of Milton, Georgia while in regular session on April 25, 2016 at 6:00 p.m. as follows: SECTION 1. That the Zoning Ordinance of the City of Milton be amended, so that the following property located at 745 Ebenezer Road consisting of a total of approximately 63.57 acres as described in the attached legal description , be approved for a 50 lot single family subdivision zoned CUP (Community Unit Plan) with conditions, attached hereto and made a part herein; ALL THAT TRACT or parcel of land lying and being Land Lots 1016, 1073, and 1074 of the 2nd District 1st Section, City of Milton, Fulton County, Georgia; and SECTION 2. That the single family subdivision in the attached conditions of approval, be approved under the provisions in Article VI, Division 23, 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 all ordinances or part of ordinances in conflict with the terms of this ordinance are hereby repealed; and SECTION 5. This Ordinance shall become effective upon adoption by the Mayor and City Council and the signature of approval of the Mayor. ORDAINED this 25th day of April, 2016. Page 2 of 8 Approved: ______________________ Joe Lockwood, Mayor Attest: ________________________________ Sudie Gordon, City Clerk (Seal) Page 3 of 8 RECOMMENDED CONDITIONS If this petition is approved by the Mayor and City Council, the rezoning of property located at 745 Ebenezer Road should be approved for CUP (Community Unit Plan) CONDITIONAL subject to the owner’s agreement to the following enumerated conditions. Where these conditions conflict with the stipulations and offerings contained in the Letter of Intent, these conditions shall supersede unless specifically stipulated by the Mayor and City Council. 1) To the owner’s agreement to restrict the use of the subject property as follows : a) Single family detached dwellings and accessory uses and structures. b) No more than 50 total dwelling units at a maximum density of 0.79 units per acre, whichever is less, based on the total acreage zoned. Approved lot/units totals are not guaranteed. The developer is responsible through site engineering (at the time of application for a Land Disturbance Permit) to demonstrate that all lots/units within the approved development meet or exceed all the development standards of the City of Milton. The total lot/units yield of the subject site shall be determined by this final engineering. 2) To the owner’s agreement to abide by the following: a) To the revised concept site plan submitted on March 17, 2016. 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 lot size – 11,250 square feet b) Minimum lot width (at building line) – 72 feet c) Minimum lot frontage – 20 feet d) Minimum heated floor area per unit – 2,400 square feet e) Minimum front yard setback – 10 feet Page 4 of 8 f) Minimum side yard setback – 5 feet with a 15 foot building separation g) Minimum side yard setback adjacent to a street – 20 feet h) Minimum rear yard- 20 feet i) Adjacent to AG-1 (Agricultural) – Per the Site Plan j) Minimum perimeter setback for the development – Per the Site Plan k) Prior to issuance of each building permit, the City Architect shall approve exterior elevations and placement of the building on the lot. l) Prior to issuance of each building permit or individual grading permit, the City Arborist shall approve the number and type of trees and vegetation that can be removed from the lot. m) Provide a minimum of 50 percent open space. n) Maximum lot coverage of 50 percent for each individual lot. (VC16-01). o) In order to provide a defined building construction area, provide a plan at the time of Land Disturbance Permit submittal that indicates the areas of disturbance including grading and tree removal for the site. All areas not disturbed or graded shall remain in a natural state. 4) To the owner’s agreement to abide by the following requirements, dedications, and improvements: a) Dedicate at no cost to the City of Roswell prior to the approval of a Land Disturbance Permit, sufficient land as required by the City of Roswell Department of Transportation i. Proposed right-of-way shall be located no less than 16 feet behind the edge of pavement of Ebenezer Road as required by the City of Roswell Department of Transportation ii. Provide 5 foot wide sidewalk with minimum 10 foot wide grass strip along entire property frontage of Ebenezer Road as approved by the City of Roswell Department of Transportation. All proposed infrastructure improvements (i.e. sidewalk, curb and gutter, ditch, etc…) shall tie to the existing facilities on adjacent properties as required by the City of Milton Public Works Department and City of Roswell Department of Transportation. b) Dedicate at no cost to the City of Milton sufficient land as necessary to provide for 50 feet of right of way from the proposed roadway to the northwest property line for future interparcel connection as required and approved by the City of Milton Public Works Department. c) Access to the site shall be subject to the approval of the City of Milton Public Works Department and the City of Roswell Department of Transportation, prior to the issuance of a Land Disturbance Permit. Page 5 of 8 5) To the owner’s agreement to abide by the following: a) Owner shall be required to have an approved stormwater concept plan prior to submission of a land disturbance permit application. b) Owner agrees to limit the number of homes adjacent to the viewshed along Ebenezer Road to no more than seven (7) homes. c) Owner agrees to the following items regarding the community septic system: i. Owners shall submit a perpetual maintenance and operations bond sufficient to cover the replacement of all essential mechanical equipment and provide for a minimum of three years of contract operations services. The perpetual maintenance and operations bond shall be in a form and amount acceptable to the City and from a surety rated no less than B++ by A.M. Best. ii. Owner shall submit a Trust Indenture in a form acceptable to the Georgia Environmental Protection Division and the city of Milton shall have the authority to approve the Trustee. The Owner shall provide written statements indicating that the proposed Trustee’s relationship to the Grantor does not create a conflict of interest for the Trustee and that the Trustee is willing and capable of the responsibilities established by the Trustee Indenture. iii. Owner shall submit to the city, prior to City Council approval, confirmation from Fulton County that the proposed septic system is in compliance with the standards of the health and wellness department and the Fulton County sewerage regulations. iv. City shall have the right to review and approve the design of any community septic system proposed for the project prior to the issuance of a land disturbance permit. v. No expansion of the system, other than as may be required by the appropriate regulatory authority, shall be permitted and no lots, other than those shown on the approved site plan shall be added to the community septic system. Neighborhood covenants shall be prepared and recorded that provide that the system shall not be expanded to serve lots or development outside of the lots on the approved site plan. Page 6 of 8 Page 7 of 8 Page 8 of 8 REVISED SITE PLAN SUBMITTED MARCH 17, 2016 TO: HOME OF ' ON* *V I I n s ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM City Council DATE: March 28, 2016 FROM: Steven Krokoff, Interim City Manager AGENDA ITEM: Consideration of V16-003 -The Reserve at Providence, Providence Road, the Providence Group of Georgia Custom Homes , LLC to Reduce the Front Setback from 60 feet to 20 feet, on lots 1-10, 18-23,30 and 34-36. (Sec. 64-416.b) and to Increase the Height Limitation by 5 Feet on Lots 5-9, 19, 20, 34 and 35 (Section 64.1141.c.1). MEETING DATE: Monday, April 11, 2016 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (.J,'-AIPPROVED CITY ATTORNEY APPROVAL REQUIRED: (,,KYES CITY ATTORNEY REVIEW REQUIRED: (OES APPROVAL BY CITY ATTORNEY (,J�APPROVED PLACED ON AGENDA FOR: 041I)lzrlb REMARKS (J NOT APPROVED (JNO (JNO (J NOT APPROVED ® You( Green- v , c *�*; '° PHONE: 678.242.25001 FAX: 678.242.2499 * C;� Cr °p 100 infoatityofmiltonga.us I www.cityofmiltonga.us �® al Community %Echic.c�f 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 A?4 PETITION NUMBER: V16-003 PROPERTY INFORMATION Providence Road DISTRICT, LAND LOT 2/2,842,843,886,887,888&914 OVERLAY DISTRICT RURAL MILTON EXISTING ZONING AG-1 ACRES 52.748 EXISTING USE SINGLE FAMILY RESIDENTIAL SUBDIVISION FUTURE LAND USE AGRICULTRAL, ESTATE RESIDENTAL, EQUESTRIAN, (AEE) DESIGNATION REQUESTED VARIANCES:  The reduction of the front setback from 60 feet to 20 feet for lots 1-20, 18-23,30,34-36  The increase in the allowed height from 28 feet to 33 feet for lots 5-9,19,20,34 & 35 (Section 4-416,b and Section 64.1141.c.1) PETITIONER(S) Chris Willis Reserve at Providence, LLC/The Providence Group of Georgia Custom Homes, LLC ADDRESS 11340 Lakefield Drive, Suite 250 Johns Creek, GA 30097 THE APPLICANT HAS REQUESTED A DEFERRAL TO THE MAY 16, 2016 MAYOR AND CITY COUNCIL MEETING TO ALLOW TIME TO MEET WITH THE RESIDENTS. STAFF IS IN SUPPORT OF THIS REQUEST. Page 2 of 9 Page 3 of 9 COMMUNITY DEVELOPMENT STAFF ANALYSIS STAFF CONTACT: ANGELA RAMBEAU 678.242.2539 Background: The site, the Reserve at Providence subdivision, is located at the southwest intersection of Bethany Road and Providence Road. The subdivision consists of 53 acres, and is zoned AG- 1. It is located in the Rural Milton Overlay. Chris Willis, representing The Providence Group of Georgia and the Reserve at Providence, is requesting a variance to several lots in the subdivision. He states that the severe topography is creating the need to push the houses further to the front on lots 1-10, 18-23,30,34-36. He would like to move the front setback from 60 feet to 20 feet. This will allow for a useable rear yard, and consistent street aesthetics. On lots 5-9,19,20,34 and 35, Mr. Willis proposes a 5 foot height variance, as well. This will allow him to increase the maximum height of the house from 28 feet to 33 feet. Section 64-416,b states that the front setback for AG-1 lots is 60 feet. Section 64,1141,c,1 states that there shall be a maximum height limit of two stories with the maximum height of 28 feet from average finished grade to the bottom of the roof eave. Since the applicant proposes to set 18 houses 20 feet from the right of way, and to increase the height of eight houses to 33 feet, a two part variance is required. Page 4 of 9 DESIGN REVIEW BOARD (DRB) COURTESY REVIEW: On April 5, 2016, the DRB offered the following comments: ADDITIONAL DEPARTMENT COMMENTS The staff held a Focus Meeting on March 2, 2016, at which the following comments were provided: SITE PLAN REVIEW STAFF CONTACT JIMMY SANDERS 678.242.2543 No comments. ARCHITECT STAFF CONTACT ROBERT BUSCEMI 678.242.2607 Staff has met with the applicant several times. He has agreed to maintain the rural viewshed on the affected lots, as well as Architectural design review of the houses. ARBORIST STAFF CONTACT MARK LAW 678.242.2552 No comments. DOT/STORMWATER STAFF CONTACT SARAH LEADERS 678.242.2559 No comments. Page 5 of 9 Standards for Consideration: The approval of a variance is based on the following consideration(s):  Relief, if granted would not offend the spirit or intent of the Ordinance.  There are such extraordinary and exceptional situations or conditions pertaining to the particular piece of property that the literal or strict application of the Ordinance would create an unnecessary hardship due to size, shape or topography or other extraordinary and exceptional situations or conditions not caused by the variance applicant.  Relief, if granted would not cause a substantial detriment to the public good and surrounding properties.  That the public safety, health and welfare are secured, and that substantial justice is done. The applicant response: The applicant states, the severe topography creates a hardship condition on most of the lots submitted for this variance. The topography drops from the front curb to the rear of the lot in excess of 60’ to 80’ on many of the lots, and specifically 40’ or so across the buildable pad for the homes on Providence Road. The topography results in a situation with no usable rear yard area and a fully exposed basement on a massive sub wall. The topography creates an exceptional condition that makes the front setback a hardship that was not caused by the applicant. A reduction in the front setback will allow the home to move forward on the lot and would help create less rear exposure of the façades of the homes along Providence Road. The extreme topography on lots 5-0, 19,20,34,and 35 requires five feet of relief in the height requirement due to the downward sloping grade. Approval of the variances will benefit the subdivision’s appearance and function without negative impact on the intent of the zoning standard. There will be no negative effect to the citizens of Milton, or surrounding property owners since the setback relief will help bring an improved streetscape to the community. Finally, public safety, health and welfare has in no way been compromised with this variance. Page 6 of 9 The staff response:  The purpose and intent of the Ordinance is to promote uniformity among lots in AG-1 areas and to protect adjoining properties from unexpected development patterns. The lots subject to the variances will be different from the existing homes, however, the approved variance will allow the balance of the lots to be similarly situated on the lots. This will enhance the continuity of the subdivision.  The existing, extreme topography of this property creates an extraordinary and exceptional situation. As development proceeded, the applicant, realized that his current product would require massive sub walls and/or extensive decks, especially along Providence Road. These elements would not support the goals of the rural viewshed.  Relief if granted, would not cause a substantial detriment to the public good and surrounding properties. The approval of these two variances will allow the builder to build homes specifically suited to their lots. The applicant has stated that he is willing to work with Staff to build homes that not only respect Milton’s rural viewshed, but will also be as high quality as the current homes in the subdivision, thus protecting the property values and quality of life of the existing homeowners.  Approval of these variance requests will not impede public safety, health and welfare. Pushing the houses forward, away from Providence Road will actually create quieter, safer, more useable rear lots. Pushing the houses forward on the lots where the topography is not as severe will allow for continuity of the streetscape. Recommended conditions: Should the Board choose to approve the application, Staff recommends the following conditions(s):  The lots along Providence Road shall maintain the 60 foot rural viewshed, including the 40 foot undisturbed buffer. The design of these houses shall meet rural viewshed requirements.  On the lots subject to height variances, the soffit shall be set at the ceiling of the first floor, causing the second floor massing to be achieved through dormers. The vertical plane should be broken in order to reduce the height impact on the massing of the building.  The houses subject to the reduced front setback shall include 8 foot deep porches.  The design of all houses subject to variances shall be reviewed and approved by the City Architect prior to the issuance of a building permit. Staff recommendation:  Staff recommends approval with conditions of this request. Page 7 of 9 Page 8 of 9 ORDINANCE NO. ______ STATE OF GEORGIA COUNTY OF FULTON A ORDINANCE APPROVING A VARIANCE FROM THE ZONING ORDINANCE OF THE CITY OF MILTON, GEORGIA BE IT ORDAINED by the City Council of the City of Milton, Georgia, while in regular session on the 25th day of April, 2016 at 6:00 PM, as follows: WHEREAS, on March 14, 2016, The Providence Group of Georgia Custom Homes, LLC, (“Providence”) submitted an application for a variance from the requirements of the City of Milton Zoning Ordinance for multiple lots in the Reserve at Providence subdivision (the “Subdivision”), which application was assigned Petition Number V16-003 (the “Application”); and WHEREAS, the Application sought to reduce the front setback from 60 feet to 20 feet for lots 1- 20, 18-23, 30, 34-36 of the Subdivision; and WHEREAS, the Application sought to increase the allowed height from 28 feet to 33 feet for lots 5-9, 19, 20, 34 and 35 of the Subdivision; and WHEREAS, the City Council conducted a properly noticed public hearing on April 25, 2016, to consider Providence’s Application; and WHEREAS, City of Milton finds that approval of the Application, subject to certain conditions to be in accordance with the City’s Zoning Ordinance and in the best interest of the public health, safety, and welfare; NOW, THEREFORE, BE IT ORDAINED BY THIS COUNCIL OF THE CITY OF MILTON, GEORGIA, AND IT IS ORDAINED BY THE AUTHORITY OF SAID COUNCIL: The City of Milton does hereby approve the variances, as referenced in the Preamble and as further requested in the Application - subject to the following conditions: 1. The lots along Providence Road shall maintain the 60 foot rural viewshed, including the 40 foot undisturbed buffer. The design of these houses shall meet rural viewshed requirements. 2. On the lots subject to height variances, the soffit shall be set at the ceiling of the first floor, causing the second floor massing to be achieved through dormers. The vertical plane should be broken in order to reduce the height impact on the massing of the building. 3. The houses subject to the reduced front setback shall include 8 foot deep porches. 4. The design of all houses subject to variances shall be reviewed and approved by the City Architect prior to the issuance of a building permit. Duly adopted this 25th day of April, 2016. MILTON CITY COUNCIL ____________________________________ Joe Lockwood, Mayor Attest: ______________________________ Sudie Gordon, Clerk TO: FROM: AGENDA ITEM: MEETING DATE: HOME OF ' ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM City Council DATE: March 28, 2016 Steven Krokoff, Interim City Manager Consideration of A Resolution of the City of Milton, Georgia Enacting An Emergency Moratorium for 30 Days to Bar the Acceptance of Applications for Permits Authorizing the Use of Community Sewerage Disposal Systems. Monday, April 11, 2016 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: 0"'APPROVED CITY ATTORNEY APPROVAL REQUIRED: (.KYES CITY ATTORNEY REVIEW REQUIRED: (,)"'YES APPROVAL BY CITY ATTORNEY (.)APPROVED PLACED ON AGENDA FOR: Oaf I1I )Zd G REMARKS I].* You(n PHONE: 678.242.25001 FAX: 678.242.2499 infoQcityofmiltonga.us I www.cityofmiltonga.us 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 () NOT APPROVED (J NO (J NO (J NOT APPROVED 0:1t lreel11-1-, -- V *',,—E **t*;e** ToPtUU City of ' DLIF, Community Eth IN4 1 A RESOLUTION OF THE CITY OF MILTON, GEORGIA ENACTING AN EMERGENCY MORATORIUM FOR 30 DAYS TO BAR THE ACCEPTANCE OF APPLICATIONS FOR PERMITS AUTHORIZING THE USE OF COMMUNITY SEWERAGE DISPOSAL SYSTEMS WHEREAS, Section 1.12, paragraphs (b)(4), (9), (13) and (15), of the Charter of the City of Milton, Georgia (“City”) empowers the City to regulate sanitary sewerage systems within the City limits; and WHEREAS, Section 50-184(b), of the Code of the City of Milton authorizes the use, in some cases, of a “community sewerage disposal system” when such systems are in compliance with the standards of Fulton County sewerage regulations; and WHEREAS, the City has received public comments regarding the potential adverse impacts on the safety, health and general welfare of the City and its inhabitants resulting from the use of community sewerage disposal systems; and WHEREAS, the City is likewise mindful that there are professionals in the sewerage industry who contend that community sewerage disposal systems are a safe and low cost sewage disposal treatment product; WHEREAS, the City rules regarding community sewerage disposal systems are holdover regulations from ordinances implemented by Fulton County; WHEREAS, the City of Milton has not prepared regulations or ordinances regarding community sewerage that are tailored to the City of Milton or that capture the unique character of the City; WHEREAS, the City intends to consider amendments to Section 50-184 that will address those concerns expressed about community sewerage disposal systems and that otherwise will ensure the City’s community sewerage disposal regulations are in line with the Council’s vision and needs for the City; WHEREAS, while the City is undergoing this review and re-drafting process, the City believes it both appropriate and lawful for a temporary moratorium to be placed on any application, request, or proposal to develop, use, or construct a community sewerage disposal system within the jurisdictional boundary of Milton; WHEREAS, the City finds that Chapter 50 of the Code of the City of Milton does not distinguish between zones or districts within the City, but applies to the territory of the City as a whole, such that the notice requirements of the Georgia Zoning Procedures Law (“ZPL”) are inapplicable to this moratorium and, in the alternative, the Georgia Supreme Court has held that a moratorium with respect to application of a zoning ordinance may be put in place for a reasonable period of time without the necessity of complying with the notice requirements of the ZPL; and WHEREAS, the City finds a moratorium barring for 30 days the acceptance of applications for permits, requests, or proposals for the use or construction of community sewerage disposal systems 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. 2 NOW, THEREFORE IT IS HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF MILTON, GEORGIA that: 1. The City does hereby enact a moratorium to bar the acceptance of applications for permits, requests, or proposals for the development, use or construction of community sewerage disposal systems for 30 days in order to consider a longer moratorium after a public hearing and to consider the amendment of Section 50- 184 of the Code of the City of Milton, Georgia. 2. The moratorium imposed by this Resolution shall terminate on the earliest date of (1) 30 days from the date of adoption of this Resolution; (2) approval by the City Council of an additional moratorium after a public hearing; (3) affirmative action of the Council cancelling the moratorium, or (4) the adoption of an amendment to Section 50-184 of the Code of the City of Milton, Georgia. 3. The moratorium imposed herein does not limit the ability of property owners to develop their land as currently zoned or permitted, except that no proposal, request, or application to develop, use, or construct a community sewerage disposal system shall be accepted. 4. This moratorium shall have no effect on any application, request, or proposal already pending with the City regarding a community sewerage disposal system. 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 ____ day of _____________, 2016. _____________________________ Joe Lockwood, Mayor Attest: ______________________________ (SEAL) Sudie Gordon, City Clerk TO: HOME OF ' ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM City Council DATE: April 4, 2016 FROM: Steven Krokoff, Interim City Manager AGENDA ITEM: Consideration of an Ordinance Issuing a Conditional Use Permit to T -Mobile South, LLC for the Construction of a 150 - foot Tall Monopine Tower Accompanied by a Four (4) Foot Lightning Road and a 50'x 50' Fenced Equipment Compound at 14495 Hopewell Road, Milton Georgia as Required by the Judgment of Federal District Court Dated March 15, 2016 in T -Mobile South, LLC v. City of Milton, Civ. Act. No. 1 0-cv-0 1 638-RWS. MEETING DATE: Monday, April 11, 2016 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: V APPROVED (J NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: )d YES () NO CITY ATTORNEY REVIEW REQUIRED: k YES () NO APPROVAL BY CITY ATTORNEY YAPPROVED (J NOT APPROVED PLACED ON AGENDA FOR: REMARKS: ® You ® * * * PHONE: 678.242.2500 FAX: 678.242.2499 Gii'eE11 � � Certified* 'OP'�� I city info@ci ofmilton a.us www.ci ofmilton a.us �� ��->�-�F� community Ethic; �� 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 1 STATE OF GEORGIA ORDINANCE NO. COUNTY OF FULTON AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE CITY OF MILTON, GEORGIA ISSUING A CONDITIONAL USE PERMIT FOR THE PURPOSES OF INTALLING, OPERATING, AND MAINTAINING A PERSONAL WIRELESS SERVICES FACILITY (CELL TOWER AND COMPOUND) AT 14495 HOPEWELL ROAD, MILTON, GEORGIA; TO AMEND THE CITY’S COMPREHENSIVE PLAN AND OFFICIAL ZONING MAP; TO PROVIDE AN EFFECTIVE DATE; TO PROVIDE FOR SEVERABILITY OF THE PROVISIONS HERETO; TO REPEAL ALL ORDINANCES, RESOLUTIONS, AND PARTS OF ORDINANCES AND RESOLUTIONS IN CONFLICT HEREWITH; AND FOR OTHER PURPOSES. WHEREAS, in November 2009 T-Mobile South, LLC (“T-Mobile”) applied to the City on behalf of the owners of property located at 14495 Hopewell Road, Milton, Georgia for a conditional use permit for the purposes of installing, operating, and maintaining a personal wireless services facility (cell tow er and compound) at 14495 Hopewell Road, Milton, Georgia; WHEREAS, in April 2010 the City denied the request for the conditional use permit sought by T-Mobile; WHEREAS, T-Mobile filed a lawsuit against the City alleging that the denial of the requested conditional use permit was unlawful, specifically, that the denial violated, inter alia, Section 332(c)(2)(7)(B)(i)(II) of the federal Telecommunications Act of 1996, as amended; WHEREAS, the United States District Court for the Northern District of Georgia (“District Court”) entered an Order on November 2, 2015 granting a judgment to T- Mobile on its claim that the denial of the requested permit violated Section 332(c)(2)(7)(B)(i)(II) of the federal Telecommunications Act of 1996, as amended; WHEREAS, the City appealed the District Court’s decision to the Eleventh Circuit Court of Appeals whereupon the parties were ordered to participate in court -sponsored mediation; WHEREAS, T-Mobile and the City reached an agreement to resolve the litigation concerning the personal wireless facility sought for the 14495 Hopewell Road site that would permit, per and subject to the parties’ settlement agreement, construction of a personal wireless facility at 14495 Hopewell Road; WHEREAS, that settlement agreement requires the City to issue to T-Mobile a conditional use permit for the construction of a wireless tower and equipment compound 2 at 14495 Hopewell Road in the same location as requested by T -Mobile in its original application filed in November 2009, the tower and compound to be as specified in project drawing plans accompanying the settlement agreement, all of which is attached as Exhibit A to this Ordinance and incorporated as the scope of what is to be permitted by the conditional use permit; WHEREAS, per the aforementioned project drawing plans, permitted would be a 150-foot tall tower camouflaged as an artificial tree (known as a “monopine”) accompanied by a 4-foot lightning rod and a 50' by 50' fenced equipment compound; WHEREAS, this settlement agreement was duly and lawfully noticed for a public hearing to be held on March 7, 2016, and at which time a due and lawful public hearing was held and whereupon the City approved the settlement reflected in the settlement agreement attached as Exhibit A; WHEREAS, pursuant to the settlement reached by the parties the lawsuit was returned to the District Court for a final disposition; WHEREAS, on March 15, 2016 the District Court received the settlement agreement approved by the parties and incorporated it into a judgment and order that was thereupon issued requiring the City to grant the conditional use permit in accordance with the parties’ settlement agreement; WHEREAS, upon issuance of the District Court’s Order a due and lawful notice was published concerning issuance of the conditional use permit and said matter was placed lawfully upon the agenda for the meeting of the City’s Mayor and Council scheduled for April 11, 2016; and WHEREAS, the matter of issuance of the conditional use permit required by the parties’ settlement agreement and the District Court’s Order was lawfully presented and considered at the April 11, 2016 regular session of the Mayor and Council at which time, in accordance with the parties’ settlement agreement and District Court’s Order THE MAYOR AND COUNCIL OF THE CITY OF MILTON ORDAINS AS FOLLOWS: Sec. 1. That a conditional use permit is hereby issued to T-Mobile for the purpose of installing, maintaining, and operating a personal wireless services facility (a 150-foot tall monopine tower with a 4-foot lightning rod within a 50' by 50' fenced compound) at 14495 Hopewell Road, Milton, Georgia at the location designated in T-Mobile’s original application for the permit in November 2009, all in accordance with and subject to the settlement agreement attached hereto as Exhibit A, the terms of which are fully and completely incorporated by reference. Sec. 2. That beyond the requirements of the parties’ settlement agreement and the District Court’s Order, development and use pursuant to the conditional use permit 3 issued is, going forward, subject to all applicable restrictions, limitations, and requirements of the City’s Code of Ordinances and any and all other applicable laws. Sec. 3. That to the extent necessary and required, the City’s Comprehensive Plan shall be deemed to have been updated to reflect the issuance of this conditional use permit and same shall be deemed to have been incorporated fully by reference . The official zoning map for the City maintained by the City Clerk is hereby incorporated and amended to reflect this conditional use permit and is as much a part of this Ordinance as if fully described herein, and the same shall be available for public inspection. Sec. 4. In the event a court of competent jurisdiction declares any word, phrase, clause, sentence, or paragraph of this Ordinance invalid, unenforceable, or unconstitutional, such ruling shall not affect the remaining words, phrases, clauses, sentences, and paragraphs of this Ordinance, but the invalidated provisions shall be severed from the Ordinance and the remaining contents shall stand with their validity in no way affected. Sec. 5. All ordinances or resolutions, or parts thereof, in conflict with this Ordinance are hereby repealed. Sec. 6. This Ordinance shall become effective immediately upon its adoption by the Mayor and Council. ORDAINED this 11th day of April, 2016. _____________________________ Joe Lockwood, Mayor Attest: ____________________________ Sudie AM Gordon, City Clerk IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF GEORGIA ATLANTA DIVISION T -MOBILE SOUTH LLC, } } Plaintiff, } } V. } } CITY OF MILTON, GEORGIA, } } Defendant. } CIVIL ACTION FILE NO. 1:10-CV-1638-RWS SETTLEMENT AGREEMENT Plaintiff T -Mobile South LLC ("T -Mobile") and Defendant City of Milton, Georgia ("City") hereby agree as follows: WHEREAS, T -Mobile entered into a lease agreement for a proposed wireless communication facility at 14495 Hopewell Road, Milton, Georgia (the "Site"); WHEREAS, in November 2009, T -Mobile applied to the City for a conditional use permit for the purposes of installing, operating, and maintaining a personal wireless services facility at the Site proposed by T - Mobile to consist of a 150 -foot tall monopole tower accompanied by a four (4) foot lightning rod and a 50' by 50' fenced equipment compound; WHEREAS, the City, after conducting public hearings, denied T - Mobile's application for the Site; WHEREAS, on April 28, 2010, the City issued its written decision denying T -Mobile's application for the Site, and such determination is a "final action"; WHEREAS, T -Mobile timely appealed under Section 704 of the Telecommunications Act of 1996, Pub, L. No. 104-104 (the "Telecommunications Act"), codified at Section 332(c)(7), from the denial by the City of its application (the "TCA Case"); WHEREAS, on November 2, 2015, the District Court in the TCA Case issued an order granting T -Mobile summary judgment on its claim that the City's denial had the effect of prohibiting the provision of wireless service in violation of 47 U.S.C. § 332(c)(7)(B)(i)(II) ("Summary Judgment Order"). In the District Court's Summary Judgment Order, the Court permanently enjoined the City from denying a conditional use permit to T - Mobile for the purpose of installing, operating, and maintaining the tower and equipment compound that was the subject of T -Mobile's application; WHEREAS, on December 1, 2015, the City timely filed a notice of appeal of the District Court's Summary Judgment Order to the Eleventh Circuit Court of Appeals, said appeal designated as Case No. 15-15374-E (the "Appeal"); r� WHEREAS, on November 16, 2015, the City moved the District Court for a stay pending appeal. On December 4, 2015 the Court entered a consent order requested by the parties resolving the motion to stay whereby T -Mobile agreed not to seek issuance of the permit sought in the TCA case pending a final disposition of the matter on appeal in exchange for the City's agreement to reasonably cooperate in expediting consideration of the matter on appeal; WHEREAS, on January 27, 2016, pursuant to an order of the Eleventh Circuit, T -Mobile and the City engaged in mediation lead by the Eleventh Circuit's mediator. T -Mobile and the City engaged in an additional meeting with the Eleventh Circuit's mediator on February 1, 2016; WHEREAS, as a result of the discussions in the mediation, T -Mobile and the City have reached an agreement to resolve their dispute and the pending appeal which they wish to implement by this document and subject to its terms and conditions; WHEREAS, the parties wish to do so and enter into this agreement without any admission of fact, law or liability, the parties deciding to settle the above -captioned litigation by implementing the District Court's Summary Judgment Order subject to and on the terms set forth herein; 3 WHEREAS, this Agreement was presented to the City's Mayor and Council for its consideration on March 7, 2016, and, at that time, the Mayor and Council agreed to and approved the terms reflected in this Agreement and authorized its due execution and compliance; NOW THEREFORE, the parties agree to undertake all necessary actions and fulfill all applicable requirements under federal, state, and local law on an expedited time frame including but not limited to the following: 1. Simultaneously with the execution of this Settlement Agreement, the parties hereto will execute the Consent Judgment, which is attached hereto as Exhibit A. 2. T -Mobile will file the Consent Judgment in the District Court in the TCA Case within 10 days after execution of this Settlement Agreement. T -Mobile will file such documents as are necessary to comply with Federal Rule of Appellate Procedure 12.1. 3. Upon the request of T -Mobile, at the first regularly scheduled meeting of the City Council following such request by T - Mobile and where the matter can be placed on a published agenda, a conditional use permit shall be issued by the City to T -Mobile for the construction of a wireless tower and 4 equipment compound at the Site in the same location as requested by T -Mobile in its original application filed in November 2009. The wireless tower and equipment compound authorized to be constructed by the conditional use permit shall be as specified in the project drawing plans attached hereto as Exhibit B for a 150 foot tall tower camouflaged as an artificial tree (known as a "monopine") accompanied by a four (4) foot lightning rod and a 50' by 50' fenced equipment compound. 4. Within thirty (30) days of issuance of the conditional use permit, T -Mobile shall submit project and construction drawings to the City along with all other documentation required to support issuance of a duly -authorized building permit for the wireless tower and equipment compound. Within thirty (30) days thereafter, the City shall grant T -Mobile the necessary building permit for the tower at the Site. 5. T -Mobile acknowledges that compliance with the City's ordinances regulating issuance of and compliance with a building permit is required and will be provided. T -Mobile also acknowledges that it is required to comply with all other ordinances, regulations and laws governing the construction, 5 operation, and maintenance of the wireless tower and equipment compound. 6. The parties hereto each agree to support the terms of this Settlement Agreement and to take all actions and execute all documents as may be reasonably necessary to carry out the terms of this Settlement Agreement. 7. Nothing contained in this Settlement Agreement shall be construed as an admission of any fact, law, or liability of any kind. 8. Each parry represents and warrants that this Settlement Agreement has been duly authorized by all necessary votes, actions, and other requirements of T -Mobile and the City and constitutes a legal, valid, and binding obligation in accordance with its terms, and that no consent or permission related to the obligations assumed by this Settlement Agreement is required under any covenant, agreement, or encumbrance or under any law or regulation of any governmental entity or jurisdiction. 9. The rights and obligations of the parties to this Settlement Agreement shall be construed and enforced in accordance with G the Telecommunications Act and, subject thereto, in accordance with the laws of the State of Georgia. 10. This Settlement Agreement constitutes the entire agreement with respect to the subject matter hereof and supersedes all prior and contemporaneous oral and written agreements and discussions, 11. T -Mobile and the City agree to cooperate and to act in good faith to achieve the terms of this Settlement Agreement. 12, The individuals executing this Settlement Agreement on behalf of the respective parties have express and lawful authority to do so, and it may be executed in counterparts. Date: S -115--11r-1 -7-binh;le I. tial n;)pr1n,a5 oi-' L)p11 in Date: PLAINTIFF T -M BILE SOUTH LLC By: Wn Gray Its: Area Director of Engineering DEFENDANT CITY OF MILTON, GA By: o� O(iKW OOQ Its: /i� fq 71 7 EXHIBIT A (CONSENT ORDER AND JUDGMENT) IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF GEORGIA ATLANTA DIVISION T -MOBILE SOUTH LLC, Plaintiff, M CITY OF MILTON, GEORGIA, Defendant. CIVIL ACTION FILE NO.1:10-CV-1638-RWS CONSENT ORDER AND JUDGMENT Pursuant to Section 332(c)(7) of the Communications Act of 1934, as amended, 47 U.S.C. § 332(c)(7) (the "Communications Act" or "Act"), the parties' Settlement Agreement filed with this Court, the documents and information submitted in this action, and based on applicable law, the Court finds and orders as follows: Plaintiff T -Mobile South LLC ("T -Mobile") applied to the Defendant City of Milton, Georgia ("Defendant" or "City") for a conditional use permit for the purposes of installing, operating, and maintaining a personal wireless services facility at 14495 Hopewell Road, Milton, Georgia (the "Site"). Upon the City denying T -Mobile's application, T -Mobile filed this lawsuit alleging that the denial 8562472J2 was unlawful, alleging that the denial effectively prohibits personal wireless services in violation of Section 332(c)(7)(13)(i)(II) of the Act. On November 2, 2015, this Court entered an Order granting T -Mobile summary judgment on its claim under 47 U.S.C. § 332(c)(7)(13)(i)(I1) ("Summary Judgment Order"). The City timely filed a notice of appeal of the Court's November 2, 2015 Order, appealing the Order to the United States Court of Appeal for the Eleventh Circuit. On December 4, 2015 the Court entered a consent order requested by the parties resolving a motion to stay filed by the City whereby T - Mobile agreed not to seek issuance of the permit sought pending a final disposition of the matter on appeal in exchange for the City's agreement to reasonably cooperate in expediting consideration of the matter on appeal. T -Mobile and the City have entered into and executed a Settlement Agreement to settle and resolve the claims by T -Mobile in this matter. This Court has subject matter jurisdiction over this case pursuant to 47 U.S.C. §332(c)(7)(B)(v) and 28 U.S.C. §1331. Therefore, IT IS ORDERED that the executed Settlement Agreement between T -Mobile and the City is hereby made the Judgment and Order of this Court, and that the remaining parts of this Judgment and Order shall be consistent with such Settlement Agreement. 8562432v2 2 IT IS FURTHER ORDERED that upon the request of T -Mobile, at the first regularly scheduled meeting of the City Council following such request by T - Mobile and where the matter can be placed on a published agenda, a conditional use permit shall be issued by the City to T -Mobile for the construction of a wireless tower and equipment compound at the Site in the same location as requested by T -Mobile in its original application filed in November 2009. The wireless tower and equipment compound authorized to be constructed by the conditional use permit shall be as specified in the project drawing plans attached as Exhibit B to the Settlement Agreement for a 150 foot tall tower camouflaged as an artificial tree (known as a "monopine") accompanied by a four (4) foot lightning rod and a 50' by 50' fenced equipment compound. IT IS FURTHER ORDERED that within thirty (30) days of issuance of the conditional use permit, T -Mobile shall submit project and construction drawings to the City along with all other documentation required to support issuance of a duly - authorized building permit for the wireless tower and equipment compound, and that within thirty (30) days thereafter, the City shall grant T -Mobile the necessary building permit for the tower at the Site. IT IS FURTHER ORDERED that as a result of the City's action in response to this Order and pursuant to the Settlement Agreement, T -Mobile shall be authorized to construct, operate, maintain, and use a personal wireless service 8562432x2 3 facility located at the Site, as proposed in its Application to the City and as conditioned by this Order and the Parties' Settlement Agreement. No other relief except that provided according to the provisions of this Judgment and the Settlement Agreement entered into by the Parties is granted hereby. No costs and/or attorney's fees are to be sought by or awarded to any party. SO ORDERED this _ day of , 2016. Richard W. Story, Judge United States District Court Northern District of Georgia CONSENTED TO BY: /s/ Scott E. Taylor Scott E, Taylor Georgia Bar No. 785596 ARNALL GOLDEN GREGORY LLP 171170' Street, NW, Suite 2100 Atlanta, Georgia 30363 Tel.: (404) 873-8500 Fax: (404) 873-8501 Email: scott.taylor@agg.com Counsel for Plaintiff /s/ Kelly Michael Hundley 8562472,2 4 (e -signed by Scott E. Taylor with express permission) Kelly M. Hundley, Esq. Georgia Bar No. 378205 KELLY MICHAEL HUNDLEY, LLC Two Ravinia Drive, Suite 500 Atlanta, Georgia 30346 Tel.: (770) 680-4391 Fax: (770) 825-9055 Email: khundley@kellyhundleylaw.com Counsel for Defendant 85G2432v2 EXHIBIT B (PROJECT CONSTRUCTION DRAWINGS) P -V a 86.1 vi I Hpa, IC24) 1111 d oz I I It I A p RHO g z �jffi 0111 P-4 I Al i O H w CD D z 0 Q z 0 0 P..c m s F z 0) C) C) w g::) Z ow TF 0 LL � 1113 3 6Y R Z -C15�r_ z�F N� rtm :. 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