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HomeMy WebLinkAboutAgenda Packet CC - 08/01/2016 - City Council Agenda Packet - 8-1-2016 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, August 1, 2016 Regular Council Meeting Agenda 6:00 PM INVOCATION - Pastor Jerry Dockery - Crabapple First Baptist Church, Milton, Georgia CALL TO ORDER 1) ROLL CALL 2) PLEDGE OF ALLEGIANCE (Led by Mayor Joe Lockwood) 3) APPROVAL OF MEETING AGENDA (Add or remove items from the agenda) (Agenda Item No. 16-164) 4) PUBLIC COMMENT MILTON CITY COUNCIL REGULAR COUNCIL MEETING AUGUST 1, 2016 Page 2 of 3 Persons needing special accommodations in order to participate in any City meeting should call 678-242-2500. 5) CONSENT AGENDA 1. Approval of the May 2, 2016 Regular City Council Meeting Minutes. (Agenda Item No. 16-165) (Sudie Gordon, City Clerk) 2. Approval of an Updated Memorandum of Understanding for Continued Interest in PI #0011675 Crabapple Streetscape. (Agenda Item No. 16-166) (Carter Lucas, Assistant City Manager) 3. Approval of a Professional Services Agreement for Freemanville Road at Providence Road Roundabout Design. (Agenda Item No. 16-167) (Carter Lucas, Assistant City Manager) 4. Approval of a Parks and Recreation Department Facility Use Agreement and Addendum between the City of Milton and NFL Youth Football League, Inc. (Agenda Item No. 16-168) (Jim Cregge, Parks and Recreation Director) 6) REPORTS AND PRESENTATIONS (None) 7) FIRST PRESENTATION 1. Consideration of RZ16-03 – Donegal Lane (Northern End) by 1699 Land Co., LLC to Rezone from AG-1 (Agricultural) to R-3A (Residential) to Develop 26 Single Family Homes on 17.25 Acres of an Overall Density of 1.5 Units per acre and a Concurrent Variance to Reduce Setback for a New Street from 50 Feet to 0 Feet (Section 64-2397). (Agenda Item No. 16-169) (Kathleen Field, Community Development Director) 8) PUBLIC HEARING 1. Consideration of A Resolution of the City of Milton, Georgia Extending Through October 2, 2016, An Existing Moratorium Barring the Acceptance of Applications for Permits Authorizing the Use of Community Sewerage Disposal Systems. (Agenda Item No. 16-170) (Ken Jarrard, City Attorney) MILTON CITY COUNCIL REGULAR COUNCIL MEETING AUGUST 1, 2016 Page 3 of 3 Persons needing special accommodations in order to participate in any City meeting should call 678-242-2500. 9) ZONING AGENDA 10) UNFINISHED BUSINESS (None) 11) NEW BUSINESS 1. Consideration of A Resolution of the City of Milton, Georgia Extending Through October 2, 2016, An Existing Moratorium Barring the Acceptance of Applications for Permits Authorizing the Use of Community Sewerage Disposal Systems. (Agenda Item No. 16-170) (Public Hearing at August 1, 2016 Regular City Council Meeting) (Ken Jarrard, City Attorney) 12) MAYOR AND COUNCIL REPORTS 13) STAFF REPORTS Department Updates 1. Public Works 2. Fire 3. Finance 4. Milton 10 Year Celebration 14) EXECUTIVE SESSION (if needed) 15) ADJOURNMENT (Agenda Item No. 16-171) The minutes were provided electronically HOME OF'THE BEST QUALITY OF LIFE IN GEORGIA' MILTON"'It ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: July 26, 2016 FROM: Steven Krokoff, City Manager AGENDA ITEM: Approval of an Updated Memorandum of Understanding for Continued Interest in PI #0011675 Crabapple Streetscape. MEETING DATE: Monday, August 1, 2016 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (/APPROVED NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: f7 YES () NO CITY ATTORNEY REVIEW REQUIRED: kj YES /) NO APPROVAL BY CITY ATTORNEY: KJ -APPROVED NOT APPROVED PLACED ON AGENDA FOR: 81 t /IIP REMARKS: � y Youem PHONE: 678.242.25001 FAX: 678.242.2499 'Grefan .r•"ice• at iMofoityofmlltonga.us I www.eltyofmlNongo.us w CammNEWunity F ," 13000 Deerfield Parkway, suite 107 1 Milton GA 30004 - - s To: Honorable Mayor and City Council Members From: Sara Leaders, PE, Transportation Engineer Date: Submitted on July 25, 2016 for the August 1, 2016 Regular Council Meeting Agenda Item: Approval of an Updated Memorandum of Understanding for Continued Interest in PI #0011675 Crabapple Streetscape ______________________________________________________________________________ Department Recommendation: Approval. Executive Summary: In March of 2013, the Georgia Department of Transportation (GDOT) and the City of Milton executed a Memorandum of Understanding (MOU) regarding preliminary engineering expenses for the Crabapple Streetscape project. Per the MOU the project should have been ready to bid by November 2015. It is necessary to update the MOU to modify the bid date for the project. Funding and Fiscal Impact: The City will fund 100% of preliminary engineering with local match that will count toward the local requirement of 20% of the total project cost. Federal TE Grant funds will be used for construction. Funding for this project is available in the Crabapple Streetscape Capital Grants account. Alternatives: None Legal Review: Sam VanVolkenburgh – Jarrard & Davis July 13, 2016 Concurrent Review: Steven Krokoff, City Manager Attachment(s): Updated Memorandum of Understanding 1 Revised 12/11/2015 TRANSPORTATION ENHANCEMENT MEMORANDUM OF UNDERSTANDING BETWEEN The City of Milton, hereinafter called the "SPONSOR," and the Georgia Department of Transportation, hereinafter called the "DEPARTMENT," RELATIVE TO The SPONSOR assuming responsibility for tasks associated with Preliminary Engineering for project identification number 0011675, hereinafter called the "PROJECT.” WHEREAS the DEPARTMENT and the SPONSOR signed a MEMORANDUM OF UNDERSTANDING, hereinafter called the “AGREEMENT,” on March 11, 2013, and established a ready to bid date of November 11, 2015, and the project is currently not ready to bid; and WHEREAS the DEPARTMENT remains committed to providing the federal-aid funds provided the PROJECT is completed in a timely manner, the DEPARTMENT and SPONSOR are executing this AGREEMENT to validate the continued interest of both parties in executing the PROJECT; and WHEREAS the PROJECT is a Transportation Enhancement approved for federal-aid funds with a required local match of at least 20% of the PROJECT's Total Cost; and NOW THEREFORE, in consideration of the mutual covenants and promises contained herein, the parties agree as follows: I. IT IS THE INTENTION OF THE PARTIES: That the SPONSOR fund 100% of the Preliminary Engineering for the PROJECT; and that the DEPARTMENT may apply said expenditure toward the SPONSOR's local match of the PROJECT's Total Cost, subject to the DEPARTMENT and the Federal Highway Administration's, hereinafter called FHWA, approval. II. IT IS AGREED: A. That the SPONSOR certifies that local funds have been budgeted to undertake Preliminary Engineering for the PROJECT; and that an accounting system has been established to track project-specific Preliminary Engineering expenditures. B. That prior to construction of the PROJECT, the SPONSOR will certify, to the DEPARTMENT, the amount of eligible expended funds allowable toward the PROJECT's Total Local Match. C. That if the PROJECT includes structures such as bridges or retaining walls, the SPONSOR will be required to use consultants prequalified with the DEPARTMENT. 2 Revised 12/11/2015 III. IT IS AGREED: A. That construction funding will be dependent upon the SPONSOR receiving historical/environmental clearances through the DEPARTMENT; certifying existing or acquired right of way to the DEPARTMENT; producing a complete set of biddable construction plans meeting appropriate safety, access, and design standards; and preparing and forwarding construction bid procedures and documents for the DEPARTMENT's review. B. That nothing contained herein shall obligate the DEPARTMENT to proceed with subsequent stages of the PROJECT. C. That the SPONSOR's expenditure prior to execution of an AGREEMENT with the DEPARTMENT for construction of the PROJECT shall be at the sole cost and risk to the SPONSOR. Should the SPONSOR or the DEPARTMENT determine that for any reason the PROJECT is unable to enter subsequent stages, the DEPARTMENT is not responsible for reimbursement of local funds expended on the PROJECT. IV. The SPONSOR shall be responsible for all costs for the continual maintenance and the continual operations of the PROJECT, including any and all sidewalks and the grass strip between the curb and gutter and the sidewalk, within the PROJECT limits. V. The SPONSOR shall Certify that they have read and understand the regulations for “CERTIFICATION OF COMPLIANCES WITH FEDERAL PROCUREMENT REQUIREMENTS, STATE AUDIT REQUIREMENTS, AND FEDERAL AUDIT REQUIREMENTS” as stated in attachment A of this AGREEMENT and will comply in full with said provisions. VI. The SPONSOR shall accomplish all of the design activities for the PROJECT. The design activities shall be accomplished in accordance with the DEPARTMENT's Plan Development Process, the applicable guidelines of the American Association of State Highway and Transportation Officials, hereinafter called “AASHTO,” the DEPARTMENT's Standard Specifications Construction of Transportation Systems, Current Edition, the DEPARTMENT’s Plan Presentation Guide, PROJECT schedules, and applicable guidelines of the DEPARTMENT. The SPONSOR's responsibility for design shall include, but is not limited to, the following items: A. Prepare environmental studies, documentation, and reports for the PROJECT that show the PROJECT is in compliance with the provisions of the National Environmental Protection Act and Georgia Environmental Protection Act, as appropriate to the PROJECT funding. This shall include any and all archaeological, historical, ecological, air, noise, underground storage tanks, and hazardous waste site studies required. The SPONSOR shall submit to the DEPARTMENT all environmental documents and reports for review and approval by the DEPARTMENT and the FHWA. B. Perform all work required to obtain project permits, including, but not limited to, U.S. Army Corps of Engineers Section 404 and Federal Emergency Management Agency, hereinafter called FEMA, approvals. These efforts shall be coordinated with the DEPARTMENT. 3 Revised 12/11/2015 C. Prepare the PROJECT's drainage design including erosion control plans and the development of the hydraulic studies for the FEMA Floodways and acquisition of all necessary permits associated with the drainage design. D. Provide certification, by a Georgia Registered Professional Engineer, that the construction plans have been prepared under the guidance of the professional engineer and are in accordance with AASHTO and DEPARTMENT guidelines. Failure of the SPONSOR to follow the DEPARTMENT’s Plan Development Process will jeopardize the use of federal funds in some or all of the categories outlined in this AGREEMENT, and it shall be the responsibility of the SPONSOR to make up the loss of that funding. VII. All Consultant firms hired by the SPONSOR to provide services on the PROJECT shall be prequalified with the DEPARTMENT in the appropriate area class. VIII. The PROJECT construction and right-of-way plans shall be prepared in English units. IX. The SPONSOR shall be responsible to perform all work required to obtain all applicable PROJECT permits, including, but not limited to, Cemetery, Tennessee Valley Authority and United States Army Corps of Engineers permits, Stream Buffer Variances and FEMA approvals. The SPONSOR shall provide all mitigation required for the PROJECT, including, but not limited to, permit related mitigation. All mitigation costs are considered Preliminary Engineering costs. PROJECT permits and non-construction related mitigation must be obtained and completed three (3) months prior to the scheduled let date. These efforts shall be coordinated with the DEPARTMENT. X. The DEPARTMENT shall review and has approval authority for all aspects of the PROJECT. The DEPARTMENT will work with the FHWA to obtain all needed approvals with information furnished by the SPONSOR. XI. The SPONSOR shall be responsible for the design of all structures and preparation of any required hydraulic and hydrological studies within the limits of this PROJECT in accordance with the DEPARTMENT’s policies and guidelines. The SPONSOR shall perform all necessary survey efforts in order to complete the design of the structure(s) and prepare any required hydraulic and hydrological studies. The final structural plans shall be incorporated into this PROJECT as a part of this AGREEMENT. XII. The SPONSOR shall follow the DEPARTMENT's procedures for identification of existing and proposed utility facilities on the PROJECT. These procedures, in part, require all requests for existing, proposed, or relocated facilities to flow through the DEPARTMENT. XIII. The SPONSOR shall address all railroad concerns, comments, and requirements to the satisfaction of the DEPARTMENT. XIV. Upon the SPONSOR's determination of the rights of way required for the PROJECT and the approval of the right-of-way plans by the DEPARTMENT, the necessary rights of way for the PROJECT shall be acquired by the SPONSOR. Right-of-Way acquisition shall be in accordance with the law and the rules and regulations of the FHWA including, but not limited to, Title 23, United States Code; 23 Code of Federal Regulations, 4 Revised 12/11/2015 hereinafter called “CFR,” 710, et. seq., and 49 CFR Part 24, and the rules and regulations of the DEPARTMENT. Failure of the SPONSOR to follow these requirements may result in the loss of federal funding for the PROJECT and it will be the responsibility of the SPONSOR to make up the loss of that funding. All required right of way shall be obtained and cleared of obstructions, including underground storage tanks, prior to advertising the PROJECT for bids. The SPONSOR shall further be responsible for making all changes to the approved right-of-way plans, as deemed necessary by the DEPARTMENT, for whatever reason, as needed to purchase the right of way or to match actual conditions encountered. The SPONSOR shall be responsible for certifying the right of way. XV. Upon completion and approval of the PROJECT plans and bid documents, the DEPARTMENT will authorize the SPONSOR to advertise the PROJECT for bids. The SPONSOR shall be solely responsible for advertising and awarding the construction contract (subject to the DEPARTMENT’s recommendation) for the PROJECT. XVI. The SPONSOR shall review and make recommendations concerning all shop drawings prior to submission to the DEPARTMENT. The DEPARTMENT shall have final authority concerning all shop drawings. XVII. The SPONSOR shall be responsible for the professional quality, technical accuracy, and the coordination of all designs, drawings, specifications, and other services furnished by or on behalf of the SPONSOR pursuant to this AGREEMENT. The SPONSOR shall correct or revise, or cause to be corrected or revised, any errors or deficiencies in the designs, drawings, specifications, and other services furnished for this PROJECT. Failure by the SPONSOR to address the errors or deficiencies within thirty (30) days shall cause the SPONSOR to assume all responsibility for construction delays caused by the errors and deficiencies. All revisions shall be coordinated with the DEPARTMENT prior to issuance. The SPONSOR shall also be responsible for any claim, damage, loss or expense that is attributable to negligent acts, errors, or omissions related to the designs, drawings, specifications, and other services furnished by or on behalf of the SPONSOR pursuant to this AGREEMENT. XVIII. IT IS FURTHER AGREED that the SPONSOR shall be responsible for repayment of any expended federal funds if the PROJECT does not proceed forward to completion due to a lack of available funding in future PROJECT phases, changes in local priorities or cancellation of the PROJECT by the SPONSOR without concurrence by the DEPARTMENT, or if the SPONSOR is not compliant with federal laws and regulations. XIX. Both the SPONSOR and the DEPARTMENT hereby acknowledge that time is of the essence. The Sponsor shall have the PROJECT ready to bid no later than June 30, 2019 XX. This AGREEMENT is made and entered into in FULTON COUNTY, Georgia, and shall be governed and construed under the laws of the State of Georgia. The covenants herein contained shall, except as otherwise provided, accrue to the benefit of and be binding upon the successors and assigns of the parties hereto. 5 Revised 12/11/2015 IN WITNESS WHEREOF, the DEPARTMENT and the SPONSOR have caused these presents to be executed under seal by their duly authorized representatives. The parties hereto have executed this AGREEMENT, this day of , 201 . DEPARTMENT OF TRANSPORTATION ___________________________ Commissioner ATTEST: ___________________________ Treasurer THE CITY OF MILTON Mayor Witness Signed, Sealed & Delivered This___ Day of_______________, 20____. Notary Public I attest that the Corporate Seal attached to this Document is in fact the seal of the Corporation and that the Officer of this Corporation executing this Document does in fact occupy the official position indicated and is duly authorized to execute such document on behalf of this Corporation. ATTEST: ________________________________ Federal Employer Tax Number ATTACHMENT A CERTIFICATION OF COMPLIANCES I hereby certify that I am a principle and duly authorized representative of _________________ whose address is and it is also certified that: I. PROCUREMENT REQUIREMENTS The below listed provisions of Federal Procurement requirements shall be complied with throughout the contract period: A. 2 CFR Part 200 Subpart D. B. 23 CFR 635 Subpart A – Contract Procedures II. STATE AUDIT REQUIREMENT The provisions of Section 36-81-7 of the Official Code of Georgia Annotated, relating to the “Requirement of Audits” shall be complied with throughout the contract period in full such that: A. Each unit of local government having a population in excess of 1,500 persons or expenditures of $ 300,000.00 or more shall provide for and cause to be made an annual audit of the financial affairs and transactions of all funds and activities of the local government for each fiscal year of the local government. B. The governing authority of each local unit of government not included above shall provide for and cause to be made the audit required not less often than once every two fiscal years. C. The governing authority of each local unit of government having expenditures of less than $ 300,000.00 in that government’s most recently ended fiscal year may elect to provide for and cause to be made, in lieu of the biennial audit, an annual report of agreed upon procedures for that fiscal year. D. A copy of the report and any comments made by the state auditor shall be maintained as a public record for public inspection during the regular working hours at the principal office of the local government. Those units of local government not having a principal office shall provide a notification to the public as to the location of and times during which the public may inspect the report. E. The audits of each local government shall be conducted in accordance with generally accepted government auditing standards. III. FEDERAL AUDIT REQUIREMENT The provisions of Office of Management and Budget (OMB) Circular A-133 issued pursuant to the Single Audit Act of 1984, P.L. 98-502, and the Single Audit Act Amendments of 1996, P.L. 104-156 shall be complied with throughout the contract period in full such that: A. Non-federal entities that expend $ 300,000 or more in a year in federal awards shall have a single or program-specific audit conducted for that year in accordance with the provisions of OMB Circular A-133. B. Non-federal entities that expend less than $ 300,000 a year in federal awards are exempt from federal audit requirements for that year, but records must be available for review or audit by appropriate officials of the federal agency, pass- through entity, and General Accounting Office. C. Except for the provisions for biennial audits provided in paragraphs (1) and (2) below, audits required shall be performed annually. Any biennial audit shall cover both years within the biennial period. 1. A state or local government that is required by constitution or statute, in effect on January 1, 1987, to undergo its audits less frequently than annually, is permitted to undergo its audits biennially. This requirement must still be in effect for the biennial period under audit. 2. Any non-profit organization that had biennial audits for all biennial periods ending between July 1, 1992, and January 1, 1995, is permitted to undergo its audits biennially. D. The audit shall be conducted in accordance with Generally Accepted Government Auditing Standards. _______________________ ________________________ Date Signature GEORGIA SECURITY AND IMM IGRATION COMPLIANCE ACT AFFIDAVIT Contractor’s Name: The City of Milton Solicitation/Contract No./ Call No. or Project Description: PI 0011675, Fulton County, SR 372; Broadwell Rd; Mayfield Rd & Mid Broadwell Rd @ 4 LOCS CONTRACTOR AFFIDAVIT By executing this affidavit, the undersigned contractor verifies its compliance with O.C.G.A. § 13-10-91, stating affirmatively that the individual, entity or corporation which is engaged in the physical performance of services on behalf of the Georgia Department of Transportation 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 o f authorization are as follows: Federal Work Authorization User Identification Number Date of Authorization (EEV/E-Verify Company Identification Number) Name of Contractor I hereby declare under penalty of perjury that the foregoing is true and correct Printed Name (of Authorized Officer or Agent of Contractor) Title (of Authorized Officer or Agent of Contractor) Signature (of Authorized Officer or Agent) Date Signed SUBSCRIBED AND SWORN BEFORE ME ON THIS THE DAY OF , 20_ Notary P ublic [NOTARY SEAL] My Co mmission Expires: Rev. 11/01/15 I HOME OF'THE BEST QUALITY OF LIFE W GEORGIA' MILTON -W ESTABLISHED2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: July 26, 2016 FROM: Steven Krokoff, City Manager AGENDA ITEM: Approval of a Professional Services Agreement for Freemanville Road at Providence Road Roundabout Design. MEETING DATE: Monday, August 1, 2016 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: WAPPROVED (/ NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: (SES NO CITY ATTORNEY REVIEW REQUIRED: (,�IES O NO APPROVAL BY CITY ATTORNEY. 1y APPROVED /) NOT APPROVED PLACED ON AGENDA FOR: 8/ l I / Le REMARKS: ©'* Your +*+ PHONE: 678.242.25001 FAX: 678.242.2499 CommunitOwdy Infofcflyofmiltonga.us I w .cltyofmlltongc.us ® y 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 To: Honorable Mayor and City Council Members From: Sara Leaders, PE, Transportation Engineer Date: Submitted on July 25, 2016 for the August 1, 2016 Regular Council Meeting Agenda Item: Approval of a Professional Services Agreement for Freemanville Road at Providence Road Roundabout Design ______________________________________________________________________________ Department Recommendation: Approval. Executive Summary: The City issued a Request for Proposals for a multi-part design project in 2014 and selected Pond & Company. Pond has completed tasks 1-8 under a separate professional services agreement and this agreement is for task 9, construction documents, as set forth in the RFP. The construction documents will include environmental screening, preliminary plans, right of way plans, landscape plans, and final engineering plans for a roundabout. Funding and Fiscal Impact: Funding for this project is available in the Freemanville @ Providence & Birmingham Intersection Improvements Capital Projects account. Alternatives: None Legal Review: Sam VanVolkenburgh – Jarrard & Davis July 12, 2016 Concurrent Review: Steven Krokoff, City Manager Attachment(s): Professional Services Agreement 1 PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT is made and entered into this_____ day of _____________, 20___ (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 (hereinafter referred to as the “City”), and POND & COMPANY, a Georgia corporation, (herein after referred to as the "Consultant"), collectively referred to herein as the "Parties." WITNESSETH: WHEREAS, City desires to retain Consultant to provide certain services in the completion of a Project (defined below); and WHEREAS, City finds that specialized knowledge, skills, and training are necessary to perform the Work (defined below) contemplated under this Agreement; and WHEREAS, Consultant has represented that it is qualified by training and experience to perform the Work; and WHEREAS, Consultant desires to perform the Work as set forth in this Agreement under the terms and conditions provided in this Agreement; and WHEREAS, the public interest will be served by this Agreement; and WHEREAS, Consultant has familiarized itself with the nature and extent of the Agreement, the Project, and the Work, and with all local conditions and federal, state and local laws, ordinances, rules and regulations that may in any manner affect cost, progress or performance of Work. 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 do mutually agree as follows: I. SCOPE OF SERVICES AND TERMINATION DATE A. Agreement. The Agreement shall consist of this Professional Services Agreement and each of the Exhibits hereto, which are incorporated herein by reference, including: Exhibit “A” – City Solicitation Documents (sample contract removed) 2 Exhibit “B” – Consultant Response/Proposal Exhibit “C” – Scope of Work Exhibit “D” – Contractor Affidavit Exhibit “E” – Subcontractor Affidavit Exhibit “F” – Key Personnel Exhibit “G” – Design Schedule B. Project Description. The “Project” at issue in this Agreement is generally described as: roundabout design for the intersection of Freemanville Road at Providence Road and construction administration for the roundabout construction. C. The Work. 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 “C”, attached hereto and incorporated herein by reference. Unless otherwise stated in Exhibit “C”, the Work includes all material, labor, insurance, tools, equipment, machinery, water, heat, utilities, transportation, facilities, services and any other miscellaneous items and work necessary to complete the Work. Some details necessary for proper execution and completion of the Work may not be specifically described in the Scope of Work, but they are a requirement of the Work if they are a usual and customary component of the contemplated services or are otherwise necessary for proper completion of the Work. D. Schedule, Completion Date, and Term of Agreement. Consultant 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. The term of this Agreement (“Term”) shall commence as of the Effective Date. Work related to the roundabout design shall proceed according to the schedule provided in Exhibit “G”, attached hereto and incorporated herein by reference. Work related to construction administration shall be provided as necessary until completion of construction, which the parties anticipate will occur on or before December 31, 2018. This Agreement shall terminate upon completion of all Work, provided that certain obligations will survive termination/expiration of this Agreement. If the Term of this Agreement is longer than one year, the Parties agree that this Agreement, as required by O.C.G.A. § 36-60-13, shall terminate absolutely and without further obligation on the part of City on December 31 each calendar year of the Term, and further, that this Agreement shall automatically renew on January 1 of each subsequent calendar year absent City’s provision of written notice of non-renewal to Consultant at least five (5) days prior to the end of the then current calendar year. Title to any supplies, materials, equipment, or other personal property shall remain in Consultant until fully paid for by City. II. WORK CHANGES A. Change Order Defined. A “Change Order” means a written modification of the Agreement, signed by representatives of City and Consultant with appropriate authorization. B. Right to Order Changes. City reserves the right to order changes in the Work to be performed under this Agreement by altering, adding to, or deducting from the Work. All such changes shall be incorporated in written Change Orders and executed by Consultant and City. 3 Such Change Orders shall specify the changes ordered and any necessary adjustment of compensation and completion time. If the Parties cannot reach an agreement on the terms for performing the changed work within a reasonable time to avoid delay or other unfavorable impacts as determined by City in its sole discretion, City shall have the right to determine reasonable terms, and Consultant shall proceed with the changed work. C. Change Order Requirement. Any work added to the scope of this Agreement by a Change Order shall be executed under all the applicable conditions of this Agreement. No claim for additional compensation or extension of time shall be recognized, unless contained in a written Change Order duly executed on behalf of City and Consultant. D. Authority to Execute Change Order. The City Manager has authority to execute, without further action of the Mayor or City Council, any number of Change Orders so long as their total effect does not materially alter the terms of this Agreement or materially increase the Maximum Contract Price, as set forth in Section III(B) below. Any such Change Orders materially altering the terms of this Agreement, or any Change Order affecting the price where the Maximum Contract Price (as amended) is in excess of $50,000, must be approved by resolution of the Mayor and City Council. Amendments shall not result in a variance in price exceeding ten percent of the original contract amount. III. COMPENSATION AND METHOD OF PAYMENT A. Payment Terms. City agrees to pay Consultant for the Work performed and costs incurred by Consultant upon certification by City that the Work was actually performed and costs actually incurred in accordance with the Agreement. Compensation for Work performed and, if applicable, reimbursement for costs incurred shall be paid to Consultant upon City’s receipt and approval of invoices, setting forth in detail the services performed and costs incurred, along with all supporting documents requested by City to process the invoice. Invoices shall be submitted on a monthly basis, and such invoices shall reflect costs incurred versus costs budgeted. Any material deviations in tests or inspections performed, or times or locations required to complete such tests or inspections, and like deviations from the Work described in this Agreement shall be clearly communicated to City before charges are incurred and shall be handled through Change Orders as described in Section II above. City shall pay Consultant within thirty (30) days after approval of the invoice by City staff. B. Maximum Contract Price. The total amount paid under this Agreement as compensation for Work performed and reimbursement for costs incurred shall not, in any case, exceed $125,035.00 (the “Maximum Contract Price”), except as outlined in Section II(C) above, and Consultant represents that this amount is sufficient to perform all of the Work set forth in and contemplated by this Agreement. The compensation for Work related to roundabout design shall be the lump sum of $114,195.00, corresponding to Phases 1-4 as shown in Exhibit “C”. The compensation for Work related to construction administration shall be based on the hourly rate of $160 for Project Manager, $140 for Senior Engineer, $70 for Clerical Administrator and reimbursement for costs as provided in the Subsection III.C, and in total shall not exceed $10,840.00, corresponding to Phase 5 as shown in Exhibit “C”. 4 III(B) above includes all costs, direct and indirect, needed to perform the Work and complete the Project, and reimbursement for costs incurred shall be limited as follows: Long distance telephone and telecommunications, facsimile transmission, normal postage and express mail, and photocopying charges and time shall be billed at cost. Supplies and outside services, transportation, lodging, meals and authorized subcontracts shall be billed at cost plus no more than a 10% administrative burden. Automobile mileage shall be no more than the current deductible rate set by the Internal Revenue Service. In no event shall the total reimbursement for costs incurred during a particular month exceed 50 percent of the total amount due for Work for that particular month. IV. COVENANTS OF CONSULTANT A. Expertise of Consultant; Licenses, Certification and Permits. Consultant accepts the relationship of trust and confidence established between it and City, recognizing that City’s intention and purpose in entering into this Agreement is to engage an entity with the requisite capacity, experience, and professional skill and judgment to provide the Work in pursuit of the timely and competent completion of the Work undertaken by Consultant under this Agreement. Consultant shall employ only persons duly qualified in the appropriate area of expertise to perform the Work described in this Agreement. Consultant covenants and declares that it has obtained all diplomas, certificates, licenses, permits or the like required of Consultant by any and all national, state, regional, county, or local boards, agencies, commissions, committees or other regulatory bodies in order to perform the Work contracted for under this Agreement. Further, Consultant agrees that it will perform all Work in accordance with the standard of care and quality ordinarily expected of competent professionals and in compliance with all federal, state, and local laws, regulations, codes, ordinances, or orders applicable to the Project, including, but not limited to, any applicable records retention requirements and Georgia’s Open Records Act (O.C.G.A. § 50-18-71, et seq.). Any additional work or costs incurred as a result of error and/or omission by Consultant as a result of not meeting the applicable standard of care or quality will be provided by Consultant at no additional cost to City. This provision shall survive termination of this Agreement. B. Budgetary Limitations. Consultant agrees and acknowledges that budgetary limitations are not a justification for breach of sound principals of Consultant’s profession and industry. Consultant shall take no calculated risk in the performance of the Work. Specifically, Consultant agrees that, in the event it cannot perform the Work within the budgetary limitations established without disregarding sound principles of Consultant’s profession and industry, Consultant will give written notice immediately to City. C. City’s Reliance on the Work. Consultant acknowledges and agrees that City does not undertake to approve or pass upon matters of expertise of Consultant and that, therefore, City bears no responsibility for Consultant’s Work performed under this Agreement. Consultant acknowledges and agrees that the acceptance of Work by City is limited to the function of determining whether there has been compliance with what is required to be produced under this Agreement. City will not, and need not, inquire into adequacy, fitness, suitability or correctness 5 of Consultant’s performance. Consultant further agrees that no approval of designs, plans, specifications or other work product by any person, body or agency shall relieve Consultant of the responsibility for adequacy, fitness, suitability, and correctness of Consultant’s Work under professional and industry standards, or for performing services under this Agreement in accordance with sound and accepted professional and industry principles. D. Consultant’s Reliance on Submissions by City. Consultant must have timely information and input from City in order to perform the Work required under this Agreement. Consultant is entitled to rely upon information provided by City, but Consultant shall provide immediate written notice to City if Consultant knows or reasonably should know that any information provided by City is erroneous, inconsistent, or otherwise problematic. E. Consultant’s Representative. Steve Bitney shall be authorized to act on Consultant’s behalf with respect to the Work as Consultant’s designated representative, provided that this designation shall not relieve either Party of any written notice requirements set forth elsewhere in this Agreement. F. Assignment of Agreement. Consultant covenants and agrees not to assign or transfer any interest in, or delegate any duties of this Agreement, without the prior express written consent of City. As to any approved subcontractors, Consultant shall be solely responsible for reimbursing them, and City shall have no obligation to them. G. Responsibility of Consultant and Indemnification of City. Consultant covenants and agrees to take and assume all responsibility for the Work rendered in connection with this Agreement. Consultant shall bear all losses and damages directly or indirectly resulting to it and/or City on account of the performance or character of the Work rendered pursuant to this Agreement. Consultant shall defend, indemnify and hold harmless City and 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 an alleged willful, negligent or tortious act or omission arising out of the Work, performance of contracted services, or operations by Consultant, any subcontractor, anyone directly or indirectly employed by Consultant or subcontractor or anyone for whose acts or omissions Consultant or subcontractor may be liable, regardless of whether or not the act or omission is caused in part by a party indemnified hereunder; provided that this indemnity obligation shall only apply to the extent Liabilities are caused by or result from the negligence, recklessness, or intentionally wrongful conduct of the Consultant or other persons employed or utilized by the Consultant in the performance of this Agreement. This indemnity obligation shall not be construed to negate, abridge, or otherwise reduce any other right or obligation of indemnity which would otherwise exist as to any party or person described in this provision. In any and all claims against an Indemnified Party, by any employee of Consultant, its subcontractor, anyone directly or indirectly employed by Consultant or subcontractor or anyone for whose acts Consultant or subcontractor may be liable, the indemnification obligation set forth 6 in this provision shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for Consultant or any subcontractor under workers’ or workmen’s compensation acts, disability benefit acts or other employee benefit acts. This obligation to indemnify, defend, and hold harmless the 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. H. Independent Contractor. Consultant hereby covenants and declares that it is engaged in an independent business and agrees to perform the Work as an independent contractor and not as the agent or employee of City. Nothing in this Agreement shall be construed to make Consultant or any of its employees, servants, or subcontractors, an employee, servant or agent of City for any purpose. Consultant agrees to be solely responsible for its own 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 of consultants, agents or employees to complete the Work; and the payment of employees, including benefits and compliance with Social Security, withholding and all other regulations governing such matters. Consultant agrees to be solely responsible for its own acts and those of its subordinates, employees, and subcontractors during the life of this Agreement. There shall be no contractual relationship between any subcontractor or supplier and City by virtue of this Agreement with Consultant. Any provisions of this Agreement that may appear to give City the right to direct Consultant as to the details of the services to be performed by Consultant or to exercise a measure of control over such services will be deemed to mean that Consultant shall follow the directions of City with regard to the results of such services only. It is further understood that this Agreement is not exclusive, and City may hire additional entities to perform the Work related to this Agreement. Inasmuch as City and Consultant 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. Consultant agrees not to represent itself as City’s agent for any purpose to any party or to allow any employee of Consultant to do so, unless specifically authorized, in advance and in writing, to do so, and then only for the limited purpose stated in such authorization. Consultant shall assume full liability for any contracts or agreements Consultant enters into on behalf of City without the express knowledge and prior written consent of City. I. Insurance. (1) Requirements: Consultant shall have and maintain in full force and effect for the duration of this Agreement, insurance insuring against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Work by Consultant, its agents, representatives, employees or subcontractors. All policies shall be subject to approval by City as to form and content. These requirements are subject to amendment or waiver if so approved in writing by the City Manager. (2) Minimum Limits of Insurance: Consultant shall maintain the following 7 insurance policies with coverage and limits no less than: (a) Commercial General Liability coverage of at least $1,000,000 (one million dollars) combined single limit per occurrence and $2,000,000 (two million dollars) aggregate for comprehensive coverage including for bodily and personal injury, sickness, disease or death, injury to or destruction of property, including loss of use resulting therefrom. (b) Commercial Automobile Liability (owned, non-owned, hired) coverage of at least $1,000,000 (one million dollars) combined single limit per occurrence for comprehensive coverage including bodily and personal injury, sickness, disease or death, injury to or destruction of property, including loss of use resulting therefrom. (c) Professional Liability of at least $1,000,000 (one million dollars) limit for claims arising out of professional services and caused by Consultant’s errors, omissions, or negligent acts. (d) Workers’ Compensation limits as required by the State of Georgia and Employers’ Liability limits of $1,000,000 (one million dollars) per occurrence or disease. (If Consultant is a sole proprietor, who is otherwise not entitled to coverage under Georgia’s Workers’ Compensation Act, Consultant must secure Workers’ Compensation coverage approved by both the State Board of Workers’ Compensation and the Commissioner of Insurance. The amount of such coverage shall be the same as what is otherwise required of employers entitled to coverage under the Georgia Workers’ Compensation Act. Further, Consultant shall provide a certificate of insurance indicating that such coverage has been secured and that no individual has been excluded from coverage.) (e) Commercial Umbrella Liability Coverage: $1,000,000 (one million dollars) per occurrence shall be provided and will apply over all liability policies, without exception, including but not limited to Commercial General Liability, Commercial Automobile Liability, Employers’ Liability, and Professional Liability. (3) Deductibles and Self-Insured Retentions: Any deductibles or self-insured retentions must be declared to and approved by City in writing so that City may ensure the financial solvency of Consultant; self-insured retentions should be included on the certificate of insurance. (4) Other Insurance Provisions: Each policy shall contain, or be endorsed to contain, the following provisions respectively: 8 (a) General Liability, Automobile Liability and (if applicable) Umbrella Liability Coverage. (i) Additional Insured Requirement. City and City’s elected and appointed officials, officers, boards, commissioners, employees, representatives, consultants, servants, agents and volunteers (individually “Insured Party” and collectively “Insured Parties”) shall be named as additional insureds as respects: liability arising out of activities performed by or on behalf of Consultant; products and completed operations of Consultant; premises owned, leased, or used by Consultant; automobiles owned, leased, hired, or borrowed by Consultant. The coverage shall contain no special limitations on the scope of protection afforded to the Insured Parties. Nothing contained in this section shall be construed to require the Consultant to provide liability insurance coverage to any Insured Party for claims asserted against such Insured Party for its sole negligence. (ii) Primary Insurance Requirement. Consultant’s insurance coverage shall be primary noncontributing insurance as respects to any other insurance or self-insurance available to the Insured Parties. Any insurance or self-insurance maintained by the Insured Parties shall be in excess of Consultant’s insurance and shall not contribute with it. (iii) Reporting Requirement. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the Insured Parties. (iv) Separate Coverage. Coverage shall state that Consultant’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to limits of insurance provided. (v) Defense Costs/Cross Liability. Coverage shall be provided on a “pay on behalf” basis, with defense costs payable in addition to policy limits. There shall be no cross liability exclusion. (vi) Subrogation. The insurer shall agree to waive all rights of subrogation against the Insured Parties for losses arising from Work performed by Consultant for City. (b) Workers’ Compensation Coverage. The insurer providing Workers’ Compensation Coverage will agree to waive all rights of 9 subrogation against the Insured Parties for losses arising from Work performed by Consultant for City. (c) All Coverages. (i) Notice Requirement. Each insurance policy required by this Agreement shall be endorsed to state that coverage shall not be suspended, voided, or canceled except after thirty (30) calendar days prior written notice (or 10 calendar days if due to non-payment) has been given to City. City reserves the right to accept alternate notice terms and provisions, provided they meet the minimum requirements under Georgia law. (ii) Starting and Ending Dates. Policies shall have concurrent starting and ending dates. (iii) Incorporation of Indemnification Obligations. Policies shall include an endorsement incorporating the indemnification obligations assumed by Consultant under the terms of this Agreement, including but not limited to Section IV(G) of this Agreement. (5) Acceptability of Insurers: The insurance to be maintained by Consultant must be issued by a company licensed or approved by the Insurance Commissioner to transact business in the State of Georgia. Such insurance policies shall be placed with insurer(s) with an A.M. Best Policyholder’s rate of no less than “A-” and with a financial rating of Class VII or greater. The Consultant shall be responsible for any delay resulting from the failure of its insurer to provide proof of coverage in the proscribed form. (6) Verification of Coverage: Consultant shall furnish to City for City approval certificates of insurance and endorsements to the policies evidencing all coverage required by this Agreement prior to the start of work. Without limiting the general scope of this requirement, Consultant is specifically required to provide an endorsement naming City as an additional insured when required. The certificates of insurance and endorsements for each insurance policy are to be on a form utilized by Consultant’s insurer in its normal course of business and are to be signed by a person authorized by that insurer to bind coverage on its behalf, unless alternate sufficient evidence of their validity and incorporation into the policy is provided. City reserves the right to require complete, certified copies of all required insurance policies at any time. Consultant shall provide proof that any expiring coverage has been renewed or replaced prior to the expiration of the coverage. 10 (7) Subcontractors: Consultant shall either (1) ensure that its insurance policies (as described herein) cover all subcontractors and the Work performed by such subcontractors or (2) ensure that any subcontractor secures separate policies covering that subcontractor and its Work. All coverage for subcontractors shall be subject to all of the requirements stated in this Agreement, including, but not limited to, naming the Insured Parties as additional insureds. (8) Claims-Made Policies: Consultant shall extend any claims-made insurance policy for at least six (6) years after termination or final payment under the Agreement, whichever is later, and have an effective date which is on or prior to the Effective Date. (9) City as Additional Insured and Loss Payee: City shall be named as an additional insured and loss payee on all policies required by this Agreement, except City need not be named as an additional insured and loss payee on any Professional Liability policy or Workers’ Compensation policy. (10) Progress Payments: The making of progress payments to Consultant shall not be construed as relieving Consultant or its subcontractors or insurance carriers from providing the coverage required in this Agreement. J. Employment of Unauthorized Aliens Prohibited – E-Verify Affidavit. Pursuant to O.C.G.A. § 13-10-91, City shall not enter into a contract for the physical performance of services unless: (1) Consultant shall provide evidence on City-provided forms, attached hereto as Exhibits “D” and “E” (affidavits regarding compliance with the E- Verify program to be sworn under oath under criminal penalty of false swearing pursuant to O.C.G.A. § 16-10-71), that it and Consultant’s 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) Consultant provides evidence that it is not required to provide an affidavit because it is an individual (not a company) licensed pursuant to Title 26 or Title 43 or by the State Bar of Georgia and is in good standing. Consultant hereby verifies that it has, prior to executing this Agreement, executed a notarized affidavit, the form of which is provided in Exhibit “D”, and submitted such affidavit to City or provided City with evidence that it is an individual not required to provide such an affidavit because it is licensed and in good standing as noted in sub-subsection (2) above. Further, Consultant hereby agrees to comply with the requirements of the federal Immigration Reform and 11 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 Consultant employs or contracts with any subcontractor(s) in connection with the covered contract, Consultant agrees to secure from such subcontractor(s) attestation of the subcontractor’s compliance with O.C.G.A. § 13-10-91 and Rule 300-10-1-.02 by the subcontractor’s execution of the subcontractor affidavit, the form of which is attached hereto as Exhibit “E”, which subcontractor affidavit shall become part of the Consultant/subcontractor agreement, or evidence that the subcontractor is not required to provide such an affidavit because it is an individual licensed and in good standing as noted in sub-subsection (2) above. If a subcontractor affidavit is obtained, Consultant agrees to provide a completed copy to City within five (5) business days of receipt from any subcontractor. Where Consultant is required to provide an affidavit pursuant to O.C.G.A. § 13-10-91, the City Manager or his/her designee shall be authorized to conduct an inspection of Consultant’s and Consultant’s subcontractors’ verification process at any time to determine that the verification was correct and complete. Consultant and Consultant’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. Further, where Consultant is required to provide an affidavit pursuant to O.C.G.A. § 13-10-91, the City Manager or his/her designee shall further be authorized to conduct periodic inspections to ensure that no City Consultant or Consultant’s subcontractors employ unauthorized aliens on City contracts. By entering into a contract with City, Consultant and Consultant’s subcontractors agree to cooperate with any such investigation by making their records and personnel available upon reasonable notice for inspection and questioning. Where Consultant or Consultant’s subcontractors are found to have employed an unauthorized alien, the City Manager or his/her designee may report same to the Department of Homeland Security. Consultant’s failure to cooperate with the investigation may be sanctioned by termination of the Agreement, and Consultant shall be liable for all damages and delays occasioned by City thereby. Consultant agrees that the employee-number category designated below is applicable to Consultant. [Information only required if a contractor affidavit is required pursuant to O.C.G.A. § 13-10-91.] ____ 500 or more employees. _X_ 100 or more employees. ____ Fewer than 100 employees. Consultant hereby agrees that, in the event Consultant employs or contracts with any subcontractor(s) in connection with this Agreement and where the subcontractor is required to provide an affidavit pursuant to O.C.G.A. § 13-10-91, Consultant will secure from the subcontractor(s) such subcontractor(s’) indication of the above employee-number category that is applicable to the subcontractor. 12 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. K. Records, Reports and Audits. (1) Records: (a) Books, records, documents, account legers, data bases, and similar materials relating to the Work performed for City under this Agreement (“Records”) shall be established and maintained by Consultant in accordance with applicable law and requirements prescribed by City with respect to all matters covered by this Agreement. Except as otherwise authorized or required, such Records shall be maintained for at least three (3) years from the date that final payment is made to Consultant by City under this Agreement. Furthermore, Records that are the subject of audit findings shall be retained for three (3) years or until such audit findings have been resolved, whichever is later. (b) All costs claimed or anticipated to be incurred in the performance of this Agreement shall be supported by properly executed payrolls, time records, invoices, contracts, or vouchers, or other official documentation evidencing in proper detail the nature and propriety of the charges. All checks, payrolls, invoices, contracts, vouchers, orders or other accounting documents pertaining in whole or in part to this Agreement shall be clearly identified and readily accessible. (2) Reports and Information: Upon request, Consultant shall furnish to City any and all Records in the form requested by City. All Records provided electronically must be in a format compatible with City’s computer systems and software. (3) Audits and Inspections: At any time during normal business hours and as often as City may deem necessary, Consultant shall make available to City or City’s representative(s) for examination all Records. Consultant will permit City or City’s representative(s) to audit, examine, and make excerpts or transcripts from such Records. Consultant shall provide proper facilities for City or City’s representative(s) to access and inspect the Records, or, at the request of City, shall make the Records available for inspection at City’s office. Further, Consultant shall permit City or City’s representative(s) to observe and inspect any or all of Consultant’s facilities and activities during normal hours of business for the purpose of evaluating Consultant’s compliance with the terms of this Agreement. In such instances, City or City’s representative(s) shall not interfere with or disrupt such activities. L. Ethics Code; Conflict of Interest. Consultant agrees that it shall not engage in 13 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. Consultant certifies that to the best of its knowledge no circumstances exist which will cause a conflict of interest in performing the Work. Should Consultant become aware of any circumstances that may cause a conflict of interest during the Term of this Agreement, Consultant shall immediately notify City. If City determines that a conflict of interest exists, City may require that Consultant take action to remedy the conflict of interest or terminate the Agreement without liability. City shall have the right to recover any fees paid for services rendered by Consultant when such services were performed while a conflict of interest existed if Consultant had knowledge of the conflict of interest and did not notify City within five (5) business days of becoming aware of the existence of the conflict of interest. Consultant and 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. Consultant and 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 Consultant or higher tier sub- consultant, or any person associated therewith, as an inducement for the award of a subcontract or order. M. Confidentiality. Consultant acknowledges that it may receive confidential information of City and that it will protect the confidentiality of any such confidential information and will require any of its subcontractors, consultants, and/or staff to likewise protect such confidential information. Consultant agrees that confidential information it learns or receives or such reports, information, opinions or conclusions that Consultant creates under this Agreement shall not be made available to, or discussed with, any individual or organization, including the news media, without prior written approval of City. Consultant shall exercise reasonable precautions to prevent the unauthorized disclosure and use of City information whether specifically deemed confidential or not. Consultant acknowledges that City’s disclosure of documentation is governed by Georgia’s Open Records Act, and Consultant further acknowledges that if Consultant submits records containing trade secret information, and if Consultant wishes to keep such records confidential, Consultant must submit and attach to such records an affidavit affirmatively declaring that specific information in the records constitutes trade secrets pursuant to Article 27 of Chapter 1 of Title 10, and the Parties shall follow the requirements of O.C.G.A. § 50-18-72(a)(34) related thereto. N. Key Personnel. All of the individuals identified in Exhibit “F”, attached hereto, are necessary for the successful completion of the Work due to their unique expertise and depth and breadth of experience. There shall be no change in Consultant’s Project Manager or members of the Project team, as listed in Exhibit “F”, without written approval of City. Consultant 14 recognizes that the composition of this team was instrumental in City’s decision to award the Work to Consultant and that compelling reasons for substituting these individuals must be demonstrated for City’s consent to be granted. Any substitutes shall be persons of comparable or superior expertise and experience. Failure to comply with the provisions of this paragraph shall constitute a material breach of Consultant’s obligations under this Agreement and shall be grounds for termination. O. Meetings. Consultant is required to 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. Meetings will occur as problems arise and will be coordinated by City. City shall inform Consultant’s Representative of the need for a meeting and of the date, time and location of the meeting at least three (3) full business days prior to the date of the meeting. Face-to-face meetings are desired. However, at Consultant’s option and expense, a conference call meeting may be substituted. Consistent failure to participate in problem resolution meetings, two consecutive missed or rescheduled meetings, or failure to make a good faith effort to resolve problems, may result in termination of this Agreement for cause. P. Authority to Contract. The individual executing this Agreement on behalf of Consultant covenants and declares that it has obtained all necessary approvals of Consultant’s board of directors, stockholders, general partners, limited partners or similar authorities to simultaneously execute and bind Consultant to the terms of this Agreement, if applicable. Q. Ownership of Work. All reports, designs, drawings, plans, specifications, schedules, work product and other materials, including, but not limited to, those in electronic form, prepared or in the process of being prepared for the Work to be performed by Consultant (“Materials”) shall be the property of City, and City shall be entitled to full access and copies of all Materials in the form prescribed by City. Any Materials remaining in the hands of Consultant or subcontractor upon completion or termination of the Work shall be delivered immediately to City whether or not the Project or Work is commenced or completed; provided, however, that Consultant may retain a copy of any deliverables for its records. Consultant assumes all risk of loss, damage or destruction of or to Materials. If any Materials are lost, damaged or destroyed before final delivery to City, Consultant shall replace them at its own expense. Any and all copyrightable subject matter in all Materials is hereby assigned to City, and Consultant agrees to execute any additional documents that may be necessary to evidence such assignment. R. Nondiscrimination. In accordance with Title VI of the Civil Rights Act of 1964, 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, Consultant agrees that, during performance of this Agreement, Consultant, for itself, its assignees and successors in interest, will not discriminate against any employee or applicant for employment, any subcontractor, or any supplier because of race, color, creed, national origin, gender, age or disability. In addition, Consultant agrees to comply with all applicable implementing regulations and shall include the provisions of this paragraph in every subcontract for services contemplated under this Agreement. V. COVENANTS OF CITY 15 A. Right of Entry. City shall provide for right of entry for Consultant and all necessary equipment as required for Consultant to complete the Work; provided that Consultant shall not unreasonably encumber the Project site(s) with materials or equipment. B. City’s Representative. Sara Leaders shall be authorized to act on City’s behalf with respect to the Work as City’s designated representative on this Project; provided that any changes to the Work or the terms of this Agreement must be approved as provided in Section II above. VI. TERMINATION A. For Convenience. City may terminate this Agreement for convenience at any time upon providing written notice thereof at least seven (7) calendar days in advance of the termination date. B. For Cause. Consultant shall have no right to terminate this Agreement prior to completion of the Work, except in the event of City’s failure to pay Consultant within thirty (30) calendar days of Consultant providing City with notice of a delinquent payment and an opportunity to cure. In the event of Consultant’s breach or default under this Agreement, City may terminate this Agreement for cause. City shall give Consultant at least seven (7) calendar days’ written notice of its intent to terminate the Agreement for cause and the reasons therefor. If Consultant fails to cure the breach or default within that seven (7) day period, or otherwise remedy the breach or default to the reasonable satisfaction of City, then City may, at its election: (a) in writing terminate the Agreement in whole or in part; (b) cure such default itself and charge Consultant for the costs of curing the default against any sums due or which become due to Consultant under this Agreement; and/or (c) pursue any other remedy then available, at law or in equity, to City for such default. C. Statutory Termination. In compliance with O.C.G.A. § 36-60-13, this Agreement shall be deemed terminated as provided in I(D) of this Agreement. Further, this Agreement shall terminate immediately and absolutely at such time as appropriated or otherwise unobligated funds are no longer available to satisfy the obligation of City. D. Payment Upon Termination. Upon termination, City shall provide for payment to Consultant for services rendered and, where authorized, expenses incurred prior to the termination date; provided that, where this Agreement is terminated for cause, City may deduct from such payment any portion of the cost for City to complete (or hire someone to complete) the Work, as determined at the time of termination, not otherwise covered by the remaining unpaid Maximum Contract Price. E. Conversion to Termination for Convenience. If City terminates this Agreement for cause and it is later determined that City did not have grounds to do so, the termination will be converted to and treated as a termination for convenience under the terms of Section VI(A) above. F. Requirements Upon Termination. Upon termination, Consultant shall: (1) promptly discontinue all services, cancel as many outstanding obligations as possible, and not 16 incur any new obligations, unless the City directs otherwise; and (2) promptly deliver to City all data, drawings, reports, summaries, and such other information and materials as may have been generated or used by Consultant in performing this Agreement, whether completed or in process, in the form specified by City. G. Reservation of Rights and Remedies. The rights and remedies of City and Consultant provided in this Article are in addition to any other rights and remedies provided under this Agreement or at law or in equity. VII. MISCELLANEOUS A. Entire Agreement. This Agreement, including any exhibits hereto, 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. No other agreement, statement or promise relating to the subject matter of this Agreement not contained in this Agreement shall be valid or binding. This Agreement may be modified or amended only by a written Change Order (as provided in Section II above) or other document signed by representatives of both Parties with appropriate authorization. B. Successors and Assigns. Subject to the provision of this Agreement regarding assignment, this Agreement shall be binding on the heirs, executors, administrators, successors and assigns of the respective Parties. C. Governing Law. 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. If any action at law or in equity is brought to enforce or interpret the provisions of this Agreement, the rules, regulations, statutes and laws of the State of Georgia will control. 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 Consultant submits to the jurisdiction and venue of such court. D. Captions and Severability. All headings herein are intended for convenience and ease of reference purposes only and in no way define, limit or describe the scope or intent thereof, or of this Agreement, or in any way affect this Agreement. 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 in valid. E. Business License. Prior to commencement of the Work to be provided hereunder, Consultant shall apply to City for a business license, pay the applicable business license fee, and maintain said business license during the Term of this Agreement, unless Consultant provides evidence that no such license is required. 17 F. Notices. (1) Communications Relating to Day-to-Day Activities. All communications relating to the day-to-day activities of the Work shall be exchanged between City’s Representative (named above) for City and Consultant’s Representative (named above) for Consultant. (2) Official Notices. All other 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 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 address given below, or at a substitute address previously furnished to the other Party by written notice in accordance herewith. NOTICE TO CITY shall be sent to: City Manager City of Milton, Georgia 13000 Deerfield Parkway, Suite 107F Milton, Georgia 30004 NOTICE TO CONSULTANT shall be sent to: Steve Bitney 3500 Parkway Lane, Suite 600 Norcross, Georgia 30092 G. Waiver of Agreement. No failure by City to enforce any right or power granted under this Agreement, or to insist upon strict compliance by Consultant with this Agreement, and no custom or practice of City at variance with the terms and conditions of this Agreement shall constitute a general waiver of any future breach or default or affect City’s right to demand exact and strict compliance by Consultant 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. H. Survival. All sections of this Agreement which by their nature should survive termination will survive termination, including, without limitation, confidentiality obligations and insurance maintenance requirements. I. 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. J. Sovereign Immunity; Ratification. Nothing contained in this Agreement shall be construed to be a waiver of City’s sovereign immunity or any individual’s qualified, good faith or 18 official immunities. Ratification of this Agreement by a majority of the Mayor and City Council shall authorize the Mayor to execute this Agreement on behalf of City. K. No Personal Liability. Nothing herein shall be construed as creating any individual or personal liability on the part of any of City’s elected or appointed officials, officers, boards, commissions, employees, representatives, consultants, servants, agents, attorneys or volunteers. No such individual shall be personally liable to Consultant or any successor in interest in the event of any default or breach by City or for any amount which may become due to Consultant or successor or on any obligation under the terms of this Agreement. Likewise, Consultant’s performance of services under this Agreement shall not subject Consultant’s individual employees, officers, or directors to any personal contractual liability, except where Consultant is a sole proprietor. The Parties agree that, except where Consultant is a sole proprietor, their sole and exclusive remedy, claim, demand or suit for contractual liability shall be directed and/or asserted only against Consultant or City, respectively, and not against any elected or appointed official, officers, boards, commissions, employees, representatives, consultants, servants, agents, attorneys and volunteers. L. Counterparts; Agreement Construction and Interpretation. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, but all of which taken together shall constitute one and the same instrument. Consultant represents that it has reviewed and become familiar with this Agreement and has notified City of any discrepancies, conflicts or errors herein. In the event of a conflict in the terms of this Agreement and/or the exhibits attached hereto, the terms most beneficial to City shall govern. 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 Agreement 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. Words or terms used as nouns in the Agreement shall be inclusive of their singular and plural forms, unless the context of their usage clearly requires contrary meaning. M. Force Majeure. Neither City nor Consultant shall be liable for its respective non- negligent or non-willful failure to perform or shall be deemed in default with respect to the failure to perform (or cure a failure to perform) any of its respective duties or obligations under this Agreement or for any delay in such performance due to: (i) any cause beyond its respective reasonable control; (ii) any act of God; (iii) any change in applicable governmental rules or regulations rendering the performance of any portion of this Agreement legally impossible; (iv) earthquake, fire, explosion or flood; (v) strike or labor dispute, excluding strikes or labor disputes by employees and/or agents of CONSULTANT; (vi) delay or failure to act by any governmental or military authority; or (vii) any war, hostility, embargo, sabotage, civil disturbance, riot, insurrection or invasion. In such event, the time for performance shall be extended by an amount of time equal to the period of delay caused by such acts, and all other obligations shall remain intact. 19 N. Material Condition. Each term of this Agreement is material, and Consultant’s breach of any term of this Agreement shall be considered a material breach of the entire Agreement and shall be grounds for termination or exercise of any other remedies available to City at law or in equity. IN WITNESS WHEREOF City and Consultant have executed this Agreement, effective as of the Effective Date first above written. [SIGNATURES ON FOLLOWING PAGE] CONSULTANT: RW POND & COMPANY Signature: Print Name: (�o+.-...�� �- �Siz�•t Title: Preside ice President orporation) [CORPORATE SEAL] Attest/Witness: Signature: zo-'� Print Name: Title: Sir. Icz-c,' (Assistant) Corporate Secretary Attest: Signature: Print Name: _ Title: City Clerk Approved as to form: City Attorney CITY OF MILTON, GEORGIA By: Joe Lockwood, Mayor 20 [CITY SEAL] EXHIBIT “A” The attached Request for Proposals contemplates a multi-part design project. Consultant has completed Tasks 1-8 under a separate agreement. This Agreement relates to “Task 9” as set forth in the RFP. CITY OF MILTON REQUEST FOR PROPOSALS (THIS IS NOT AN ORDER) RFP Number: 14-PW3 RFP Title: Freemanville Road at Birmingham Road and Providence Road Intersection Improvements Due Date and Time: March 25, 2014 Local Time: 2:00pm Number of Pages: 32 ISSUING DEPARTMENT INFORMATION Issue Date: March 3, 2014 City of Milton Public Works Department 13000 Deerfield Pkwy, Suite 107G Milton, Ga. 30004 Phone: 678-242-2500 Fax: 678-242-2499 Website: www.cityofmiltonga.us INSTRUCTIONS TO OFFERORS Return Proposal to: City of Milton Attn: Rick Pearce, Purchasing Office 13000 Deerfield Pkwy Suite 107G Milton, Ga. 30004 Mark Face of Envelope/Package: RFP Number: 14-PW3 Name of Company or Firm Special Instructions: Deadline for Written Questions March 11, 2014 Email questions to Rick Pearce at rick.pearce@cityofmiltonga.us IMPORTANT: SEE STANDARD TERMS AND CONDITIONS OFFERORS MUST COMPLETE THE FOLLOWING Offeror Name/Address: Authorized Offeror Signatory: (Please print name and sign in ink) Offeror Phone Number: Offeror FAX Number: Offeror Federal I.D. Number: Offeror E-mail Address: OFFERORS MUST RETURN THIS COVER SHEET WITH RFP RESPONSE Table of Contents 2 | RFP 14-PW3 TABLE OF CONTENTS Offeror’s RFP Checklist Disclosure Form Proposal Letter Schedule of Events Section 1: Project Overview and Instructions Section 2: RFP Standard Information Section 3: Scope of Project Section 4: Offeror Qualifications Section 5: Cost Proposal Section 6: Evaluation Criteria Section 7: Standard Contract Information Standard Contract 3 | RFP 14-PW3 OFFEROR’S RFP CHECKLIST The 10 Most Critical Things to Keep in Mind When Responding to an RFP for the City of Milton 1._______Read the entire document. Note critical items such as: mandatory requirements; supplies/services required; submittal dates; number of copies required for submittal; funding amount and source; contract requirements (i.e., contract performance security, insurance requirements, performance and/or reporting requirements, etc.). 2._______Note the procurement officer's name, address, phone numbers and e-mail address. This is the only person you are allowed to communicate with regarding the RFP and is an excellent source of information for any questions you may have. 3._______Attend the pre-proposal conference if one is offered. These conferences provide an opportunity to ask clarifying questions, obtain a better understanding of the project, or to notify the City of any ambiguities, inconsistencies, or errors in the RFP. 4._______Take advantage of the “question and answer” period. Submit your questions to the procurement officer by the due date listed in the Schedule of Events and view the answers given in the formal “addenda” issued for the RFP. All addenda issued for an RFP are posted on the DOAS website at http://ssl.doas.state.ga.us/PRSapp/PR_index.jsp and on the City’s website at http://www.cityofmiltonga.us will include all questions asked and answered concerning the RFP. 5._______Follow the format required in the RFP when preparing your response. Provide point-by- point responses to all sections in a clear and concise manner. 6._______ Provide complete answers/descriptions. Read and answer all questions and requirements. Don’t assume the City or evaluation committee will know what your company capabilities are or what items/services you can provide, even if you have previously contracted with the City. The submittals are evaluated based solely on the information and materials provided in your response. 7._______Use the forms provided, i.e., cover page, sample budget form, certification forms, etc. 8._______Check the website for RFP addenda. Before submitting your response, check the DOAS website at http://ssl.doas.state.ga.us/PRSapp/PR_index.jsp and the City website at http://www.cityofmiltonga.us to see whether any addenda were issued for the RFP. If so, you must submit a signed cover sheet for each addendum issued along with your RFP response. 9._______Review and read the RFP document again to make sure that you have addressed all requirements. Your original response and the requested copies must be identical and be complete. The copies are provided to the evaluation committee members and will be used to score your response. 10._______Submit your response on time. Note all the dates and times listed in the Schedule of Events and within the document, and be sure to submit all required items on time. Late submittal responses are never accepted. This checklist is provided for assistance only and should not be submitted with Offeror’s Response. 4 | RFP 14-PW3 CITY OF MILTON DISCLOSURE FORM MUST BE RETURNED WITH BID This form is for disclosure of campaign contributions and family member relations with City of Milton officials/employees. Please complete this form and return as part of your RFP package when it is submitted. Name of Offeror __________________________________________________ Name and the official position of the Milton Official to whom the campaign contribution was made (Please use a separate form for each official to whom a contribution has been made in the past two (2) years.) ________________________________________________________________ List the dollar amount/value and description of each campaign contribution made over the past two (2) years by the Applicant/Opponent to the named Milton Official. Amount/Value Description ________________ ___________________________________________ ________________ ___________________________________________ ________________ ___________________________________________ Please list any family member that is currently (or has been employed within the last 12 months) by the City of Milton and your relation: ________________ ___________________________________________ _________________ ___________________________________________ 5 | RFP 14-PW3 RFP# 14-PW3 PROPOSAL LETTER (Bidder to sign and return with proposal) We propose to furnish and deliver any and all of the deliverables and services named in the Request for Proposal (RFP) - Freemanville Road at Birmingham Road and Providence Road Intersection Improvements. It is understood and agreed that we have read the City’s specifications shown or referenced in the RFP and that this proposal is made in accordance with the provisions of such specifications. By our written signature on this proposal, we guarantee and certify that all items included meet or exceed any and all such City specifications. We further agree, if awarded a contract, to deliver goods and services which meet or exceed the specifications. The City reserves the right to reject any or all proposals, waive technicalities, and informalities, and to make an award in the best interest of the city. PROPOSAL SIGNATURE AND CERTIFICATION I understand collusive bidding is a violation of State and Federal Law and can result in fines, prison sentences, and civil damage awards. I agree to abide by all conditions of the proposal and certify that I am authorized to sign for my company. I further certify that the provisions of the Official Code of Georgia Annotated, Sections 45-10-20 et. seq. have not been violated and will not be violated in any respect. Authorized Signature______________________________Date_______________________ Print/Type Name_________________________________ Print/Type Company Name Here_______________________________________________ 6 | RFP 14-PW3 SCHEDULE OF EVENTS EVENT DATE RFP Issue Date March 3, 2014 Deadline for Receipt of Written Questions 5 PM on March 11, 2014 Posting of Written Answers by City to Websites on or about March 13, 2014 RFP DUE No Later than 2 PM on March 25, 2014 NOTE: PLEASE CHECK THE CITY WEBSITE (http://www.cityofmiltonga.us) OR THE DOAS WEBSITE (http://ssl.doas.state.ga.us/PRSapp/PR_index.jsp) FOR ADDENDA AND SCHEDULE UPDATES. 7 | RFP 14-PW3 SECTION 1: PROJECT OVERVIEW AND INSTRUCTIONS 1.0 BACKGROUND AND STATEMENT OF INTENT The City of Milton is accepting sealed Proposals from qualified firms to provide professional services for the Freemanville Road at Birmingham Road and Providence Road intersection improvements. All Offerors must comply with all general and special requirements of the RFP information and instructions enclosed herein. 1.1 SINGLE POINT OF CONTACT From the date this Request for Proposal (RFP) is issued until an offeror is selected, offerors are not allowed to communicate with any City staff or elected officials regarding this procurement, except at the direction of Rick Pearce. Any unauthorized contact may disqualify the offeror from further consideration. Contact information for the single point of contact is as follows: Procurement Office: Rick Pearce Address: 13000 Deerfield Parkway, Suite 107G, Milton, GA 30004 Telephone Number: 678-242-2511 E-mail Address: rick.pearce@cityofmiltonga.us 1.2 REQUIRED REVIEW A. Review RFP. Offerors should carefully review the instructions; mandatory requirements, specifications, standard terms and conditions, and standard contract set out in this RFP and promptly notify the procurement office identified above via e -mail of any ambiguity, inconsistency, unduly restrictive specifications, or error which they discover upon exami nation of this RFP. B. Form of Questions. Offerors with questions or requiring clarification or interpretation of any section within this RFP must submit their questions in writing via email (preferred), or faxed to the procurement office referenced above on or before 5 PM on March 11, 2014. Each question must provide clear reference to the section, page, and item in question. Questions received after the deadline may not be considered. C. City’s Answers. The City will provide an official written answer to all questions on or about March 13, 2014. The City's response will be by formal written addendum. Any other form of interpretation, correction, or change to this RFP will not be binding upon the City. Any formal written addendum will be posted alongside the posting of the RFP at http://www.cityofmiltonga.us or http://ssl.doas.state.ga.us/PRSapp/PR_index.jsp. Offerors must sign and return any addendum with their RFP response. D. Standard Contract. By submitting a response to this RFP, offeror agrees to acceptance of the City’s standard contract. Much of the language included in the standard contract reflects requirements of state law. Requests for exceptions to the standard contract terms, or 8 | RFP 14-PW3 any added provisions must be submitted to the procurement office referenced above by the date for receipt of written/e-mailed questions or with the offeror’s RFP response and must be accompanied by an explanation of why the exception is being taken and what specific effect it will have on the offeror’s ability to respond to the RFP or perform the contract. The City reserves the right to address non-material, minor, insubstantial requests for exceptions with the highest scoring offeror during contract negotiation. Any material, substantive, important exceptions requested and granted to the standard terms and conditions and standard contract language will be addressed in any formal written addendum issued for this RFP and will apply to all offerors submitting a response to this RFP. E. Mandatory Requirements. To be eligible for consideration, an offeror must meet the intent of all mandatory requirements. The City will determine whether an offeror’s RFP response complies with the intent of the requirements. RFP responses that do not meet the full intent of all requirements listed in this RFP may be subject to point reductions during the evaluation process or may be deemed non-responsive. 1.3 Reserved 1.4 SUBMITTING A PROPOSAL A. Submittal Requirements. Proposals shall include the following: 1. City of Milton request for proposal cover page (information entered and signed: first page of this document) 2. City of Milton Disclosure form (signed) 3. City of Milton Proposal letter (information entered) 4. Technical Proposal: Each Technical Proposal Shall be: a. No more than eight (8) single sided pages (four pages if double sided) 1. Cover page(s), table of contents, tabs, and required forms do not count toward the page limit b. Minimum of 11 point font c. Stapled or spiral-bound. No binders Each Technical Proposal Shall Contain: a. Design Team (2 pages) – include project staffing, qualifications of the design team, and what sets the team apart b. Work Plan (3 pages) – provide an anticipated project schedule, any anticipated challenges, and any innovative approaches c. Related Projects and References (3 pages) 1. Describe at least 3 similar projects with references and the degree of involvement of the team d. Pricing (See Section 5) – Separate Sealed Envelope 5. Applicable Addenda Acknowledgement Forms (if necessary) 9 | RFP 14-PW3 Offerors must organize their proposal into sections that follow the format of Section 1.4 and Section 5.0. B. Failure to Comply with Instructions. Offerors failing to comply with these instructions may be subject to point deductions. The City may also choose to not evaluate, may deem non-responsive, and/or may disqualify from further consideration any proposals that do not follow this RFP format, are difficult to understand, are difficult to read, or are missing any requested information. C. Copies Required and Deadline for Receipt of Proposals. One original and two (2) copies of each proposal (plus a CD) should be provided to the City. Proposals must be received at the receptionist’s desk prior to 2:00 PM, local time, March 25, 2014. Emailed responses to requests for proposals are not acceptable. Proposals will be opened at approximately 2:05 pm and names of offerors will be announced. D. Late Proposals. Regardless of cause, late proposals will not be accepted and will automatically be disqualified from further consideration. It shall be the offeror’s sole risk to assure delivery to the receptionist's desk at the designated office by the designated time. Late proposals will not be opened and may be returned to the offeror at the expense of the offeror or destroyed if requested. 1.5 OFFEROR'S CERTIFICATION A. Understanding of Specifications and Requirements. By submitting a response to this RFP, offeror agrees to an understanding of and compliance with the specifications and requirements described in this RFP. B. Offer in Effect for 120 Days. A proposal may not be modified, withdrawn or canceled by the offeror for a 120-day period following the deadline for proposal submission as defined in the Schedule of Events, or receipt of best and final offer, if required, and offeror so agrees in submitting the proposal. 1.6 COST OF PREPARING A PROPOSAL A. City Not Responsible for Preparation Costs. The costs for developing and delivering responses to this RFP and any subsequent presentations of the proposal as requested by the City are entirely the responsibility of the offeror. The City is not liable for any expense incurred by the offeror in the preparation and presentation of their proposal. B. All Timely Submitted Materials Become City Property. All materials submitted in response to this RFP become the property of the City of Milton and are to be appended to any formal documentation, which would further define or expand any contractual relationship between the City and offeror resulting from this RFP process. 10 | RFP 14-PW3 SECTION 2: RFP STANDARD INFORMATION 2.0 AUTHORITY This RFP is issued under the authority of the City of Milton. The RFP process is a procurement option allowing the award to be based on stated evaluation criteria. The RFP states the relative importance of all evaluation criteria. No other evaluation criteria, other than as outlined in the RFP, will be used. 2.1 OFFEROR COMPETITION The City encourages free and open competition among offerors. Whenever possible, the City will design specifications, proposal requests, and conditions to accomplish this objective, consistent with the necessity to satisfy the City’s need to procure technically sound, cost - effective services and supplies. 2.2 RECEIPT OF PROPOSALS AND PUBLIC INSPECTION A. Public Information. All information received in response to this RFP, including copyrighted material, is deemed public information and will be made available for public viewing and copying after the time for receipt of proposals has passed, and the award has been made, with the following four exceptions: (1) bona fide trade secrets meeting confidentiality requirements that have been properly marked, separated, and documented; (2) matters involving individual safety as determined by the City of Milton; (3) any company financial information requested by the City of Milton to determine vendor responsibility, unless prior written consent has been given by the offeror; and (4) other constitutional protections. B. Procurement Officer Review of Proposals. Upon opening the proposals received in response to this RFP, the procurement office will review the proposals and separate out any information that meets the referenced exceptions in Section 2.2(A) above, providing the following conditions have been met: 1. Confidential information is clearly marked and separated from the rest of the proposal. 2. The proposal does not contain confidential material in the cost or price section. 3. An affidavit from an offeror’s legal counsel attesting to and explaining the validity of the trade secret claim is attached to each proposal containing trade secrets. Please contact Rick Pearce for additional information. Information separated out under this process will be available for review only by the procurement office, the evaluation committee members, and limited other designees. Offerors must be prepared to pay all legal costs and fees associated with defending a claim for confidentiality in the event of a “right to know” (open records) request from another party. 2.3 CLASSIFICATION AND EVALUATION OF PROPOSALS A. Initial Classification of Proposals as Responsive or Nonresponsive. Proposals may be found nonresponsive at any time during the evaluation process or contract negotiation, if any of the required information is n ot provided; the 11 | RFP 14-PW3 submitted price is found to be excessive or inadequate as measured by criteria stated in the RFP; or the proposal is not within the specifications described and required in the RFP. If a proposal is found to be nonresponsive, it will not be considered further. B. Determination of Responsibility. The procurement office will determine if an offeror has met the standards of responsibility. Such a determination may be made at any time during the evaluation process and through contract negotiation if information surfaces that would result in a determination of nonresponsive. C. Evaluation of Proposals. The evaluation committee will evaluate the remaining proposals and recommend whether to award the contract to the highest scoring offeror or, if necessary, to seek discussion/negotiation or a best and final offer in order to determine the highest scoring offeror. All responsive proposals will be evaluated based on stated evaluation criteria. In scoring against stated criteria, the City may consider such factors as accepted industry standards and a comparative evaluation of all other qualified RFP responses in terms of differing price, quality, and contractual factors. These scores will be used to determine the most advantageous offering to the City. D. Completeness of Proposals. Selection and award will be based on the offeror’s proposal and other items outlined in this RFP. Submitted responses may not include references to information located elsewhere, such as Internet websites or libraries, unless specifically requested. Information or materials presented by offerors outside the formal response or subsequent discussion/negotiation or “best and final offer,” if requested, will not be considered, will have no bearing on any award, and may result in the offeror being disqualified from further consideration. E. Opportunity for Discussion/Negotiation and/or Oral Presentation/Product Demonstration. After receipt of all proposals and prior to the determination of the award, the City may initiate discussions with one or more offerors should clarification or negotiation be necessary. Offerors may also be required to make an oral presentation and/or product demonstration to clarify their RFP response or to further define their offer. In either case, offerors should be prepared to send qualified personnel to Milton, Georgia to discuss technical and contractual aspects of the proposal. Oral presentations and product demonstrations, if requested, shall be at the offeror’s expense. F. Best and Final Offer. The “Best and Final Offer” is an option available to the City under the RFP process which permits the City to request a “best and final offer” from one or more offerors if additional information is required to make a final decision. Offerors may be contacted asking that they submit their “best and final offer,” which must include any and all discussed and/or negotiated changes. The City reserves the right to request a “best and final offer” for this RFP, if any, based on price/cost alone. 12 | RFP 14-PW3 G. Evaluation Committee Recommendation for Contract Award. The evaluation committee will provide a written recommendation for contract award. H. Request for Documents Notice. Upon concurrence with the evaluation committee’s recommendation for contract award, the procurement officer may issue a “Request for Documents Notice” to the highest scoring offeror to obtain the required insurance documents, contract performance security, and any other necessary documents. Receipt of the “Request for Documents Notice” does not constitute a contract and no work may begin until a contract signed by all parties is in place. I. Contract Negotiation. The procurement officer and/or city department representatives may begin contract negotiation with the responsive and responsible offeror whose proposal achieves the highest score and is, therefore, the most advantageous to the City. If contract negotiation is unsuccessful or the highest scoring offeror fails to provide necessary documents or information in a timely manner, or fails to negotiate in good faith, the City may terminate negotiations and begin negotiations with the next highest scoring offeror. J. Contract Award. Contract award, if any, will be made to the highest scoring offeror who provides all required documents and successfully completes contract negotiation. 2.4 RIGHTS RESERVED While the City has every intention to award a contract as a result of this RFP, issuance of the RFP in no way constitutes a commitment by the City of Milton to award and execute a contract. Upon a determination such actions would be in its best interest, the City, in its sole discretion, reserves the right to: 1. Cancel or terminate this RFP, 2. Reject any or all proposals received in response to this RFP, 3. Waive any undesirable, inconsequential, or inconsistent provisions of this RFP which would not have significant impact on any proposal, 4. Not award if it is in the best interest of the City not to proceed with contract execution; or 5. If awarded, terminate any contract in accordance with the terms and conditions of the contract if the City determines adequate funds are not available. 13 | RFP 14-PW3 SECTION 3: SCOPE OF PROJECT 3.0 PROJECT LOCATION 3.1 GENERAL SCOPE OF SERVICES It shall be the Consultant’s responsibility to design, prepare, assemble and coordinate the necessary documents to complete the project. The completed design must comply with all applicable local, state, and federal environmental laws and regulations. Although no federal funding is anticipated on this project, sufficient data should be collected to transition to federal requirements should federal funding become available. At a minimum, the following standards shall be utilized for the project: a. Georgia Department of Transportation (GDOT) Design Policy Manual (current edition), and applicable addenda. b. Georgia Department of Transportation (GDOT) Standards and Specifications (current edition), and applicable addenda. c. AASHTO Standards, latest edition and applicable addenda, including Design of Pavement Structures, Policy on Geometric Design of Highways and Streets, Roadside Design Guide, and applicable addenda. 14 | RFP 14-PW3 d. Manual on Uniform Traffic Control Devices (MUTCD) current edition, and applicable errata. e. Federal Highway Administration Roundabouts: An Informational Guide, current edition, and all applicable addenda. f. City of Milton Development Regulations. 3.2 SPECIFIC SCOPE OF SERVICES The City of Milton (City), is seeking the services of a professional engineering consultant to conduct an engineering and feasibility study to develop alternative concepts for proposed intersection improvements at Freemanville Road at Birmingham Road and Providence Road. The goal of this planning project is to assess the transportation impacts of various intersection improvement alternatives, determine the preferred location for the improvement, conduct a survey of the corridor, prepare mapping, identify environmental impacts and permits required to construct the project and prepare concept plans for three alternatives. The concept plans need to include design features that would be aesthetically pleasing and complement area and to develop in a way that is physically possible and cost effective. The costs to design and construct each concept as well as acquire property need to be estimated. The consultant shall provide a complete set of concept plans for this project. The consultant shall be qualified and the proposal shall demonstrate the ability to prepare a complete set of construction drawings if the City elects to add Task 9 as described below. The engineering/design items include, but are not limited to, site plans, grading and drainage plans, utility plans, erosion, sedimentation and pollution prevention plans, road and drainage profiles, hydrology and stormwater management plans, etc… The work program and study outline consists of following tasks: Task 1: Data Collection Collect the base data needed to analyze existing conditions and determine general travel characteristics in the vicinity of the intersections. The data to be collected or obtained includes: a. Average Daily Traffic (ADTs) volumes on all approaches to both intersections b. Peak hour turning movement counts at each of the intersections. The Consultant will also provide peak hour turning movement counts at the intersection of SR 372 (Birmingham Hwy) at Hickory Flat Road/Birmingham Road and this intersection will be included in the traffic modeling due to the proximity to the Freemanville Road at Birmingham Road intersection. c. Accident data/crash diagram in the area of both intersections (within the past 3 years) d. Pedestrian features and facilities as proposed in the City of Milton Trail Master Plan (crosswalks, pedestrian actuated signals and sidewalks) e. Trip generation rates for area generators Task 2: Property Research Perform the property records search of the affected property and obtain the following information: 15 | RFP 14-PW3 a. Property address, b. Property record volume and page or map/block/lot reference (as applicable), c. Owner’s name and mailing address, d. Photocopy of the current Deed, e. Photocopy of any easements, rights-of-way or boundary agreements encumbering the property referenced in the current Deed, f. Photocopy of any maps referenced in the current Deed. Task 3: Property and Topographical Survey Mapping Provide a field run survey to develop construction documents for the intersection improvements. All information will be collected by a field run survey and shall be sufficient to describe approximately 1,000 feet of right-of-way (measured from the center of the intersection) along all legs of both intersections. The project limits will be considered to be the entire width of the right- of-way, plus a minimum of 25 feet on each side or as may be required by the alternatives proposed by the consultant. The survey database shall include, at a minimum, the following information: a. Right-of-way location, b. All improvements within the project limits, including, but not limited to edge of pavement, utilities, sidewalk, drainage structures, curb and gutter, etc…., c. All drainage structures within the project limits. At a minimum identify the pipe size, pipe material, upstream and downstream inverts, end treatments (end of pipe, headwall, etc…). d. Adjacent property owners and property boundary locations, e. The character and location of all walls, fences, buildings, poles, and other visible improvements within the project or within twenty-five feet of the project, f. Driveways, alleys or other means of access on or crossing the project or within twenty- five feet of the project, g. Substantial, visible improvements (in addition to buildings) such as billboards, signs, parking structures, swimming pools, etc..., h. Topographic survey with a minimum of 2 foot topographic contour intervals. Contours shall extend a minimum of twenty-five feet beyond the project limits or as may be required by the design alternatives, i. Provide spot elevations at all critical points such as drainage breaks, high points, low points, edge of pavement etc…, j. Location and type of all overhead and underground utilities within the project limits which may include, but not be limited to, all manholes, catch basins, valve vaults or other surface indications of subterranean uses. k. Ponds, lakes, springs, defined drainage channels or rivers bordering, running through or within twenty-five feet of the premises being surveyed shall be shown, l. The location of any specimen tree within 100 feet of the project limits. Specimen trees will include any beech or magnolia or walnut tree 24” dbh or greater, any other 16 | RFP 14-PW3 hardwood or pine 27”dbh or greater and any dogwood, redbud or sourwood 8” dbh or greater. Call out tree type, size and show location. Provide digital files of survey (DWG format tied to state plane coordinates and including Benchmark data and datum information) and 2 hard copies of survey signed and sealed by a professional land surveyor licensed and qualified to do business in the State of Georgia. The consultant shall be required to notify all property owners, in writing, of the impending surveys, prior to starting any surveying activities on their property. A copy of the notification shall be provided to the city. The notification letter shall contain, at a minimum, the following information: a. A brief project description, b. The property owners name and address on the notification letter, c. The Company names of the consultant and sub-consultants that will be in the field conducting the surveys or testing, d. Georgia Law, Code 32-2-2(9) which regulates the entry of private property by GDOT, e. The correct contact name and phone number of the consultant or sub-consultant, f. The correct contact name and phone number of the Liaison Engineer for questions about the project. All coordinates are to be on the specified State Plane, Georgia Coordinate System of 1985 - NAD 83/94 adjustment. All vertical traverses shall use the North American Vertical Datum (NAVD) of 1988. Any potential environmental issues in the project area shall be collected or obtained either through field surveys or from existing data files. The City of Milton can provide the following information in support of the survey work: a. 2-foot aerial topography, b. 2012 aerial photography, Task 4: Traffic Operations and Safety Assessment The data collected under Task 1 will be tabulated, summarized, analyzed, and assessed to identify base conditions and existing traffic operations. Analyses will include, but not limited to, intersection level of service calculations (overall and each direction for both intersections), determination of roadway capacity, vehicular and pedestrian safety problems, and operating speeds and delay. Future (build year) traffic volumes, patterns and operating conditions will be calculated and compared with base year metrics. The assessment of traffic operations in the area will also include an estimation and simulation of traffic patterns based on the future project of traffic growth in the area. This task shall include a site distance evaluation for all legs of the existing and proposed intersections. Task 5: Develop Improvement Scenarios Based on the results of the traffic and safety assessment, at least three (3) possible scenarios for improving the intersections will be developed. Traffic flows will be developed based on the realignment scenario and intersections levels of service. Traffic modeling of the proposed scenarios may include, but not be limited to, a traffic signal warrant analysis and a roundabout 17 | RFP 14-PW3 analysis. The concept plans need to address possible relocation of underground utilities and any utilities that may need to be shifted to the new right-of-way for the road. Task 6: Prepare Improvement Scenarios and Concept Plans Prepare a schematic plan for the proposed intersection improvements that meets the project design objectives. The concept plans and presentation will include: a. Layout of the concept plans b. Typical cross section, including pedestrian and bicycle elements to be included on layout; c. 3-D visualization and simulation in format that can be loaded on project website and used at public meeting; d. Estimate property acquisition, including both partial and full property takes, and right - of-way costs for all alternatives; e. Estimate design and construction costs for all alternatives; f. Summary of Traffic impact analysis of proposed concepts. Task 7: Public Outreach The project study will include a public outreach effort that will adhere to the principles of a Context Sensitive Solutions approach. It will include a public information meeting, survey/comment cards for the public meeting and the city’s website, and project information, documents and plans for the project website. The public will be provided an on-going opportunity to provide input and comment on the project and concept alternatives. During the study, the following outreach efforts will be conducted: Two public information meetings will be held to present all concept alternatives. The consultant will be required to attend and participate in the public information meetings; provide update and information regarding the study for posting on the city’s website with clear links to any reports and documents prepared during the study as well as a way to comment on the study. Task 8: Final Report and Public Presentation A final feasibility study will be prepared by the Consultant and reviewed and approved by the City. The final report will be a synthesis of the data collection, analyses, assessments, public input and recommendations. Based on all of the information acquired during this process the Consultant shall provide a recommended alternative. The Consultant will assist in a public presentation of both the preliminary and final report to the Mayor and City Council. Task 9: Construction Documents The City, at its discretion, may choose to negotiate the scope and fees with the Consultant for the development of the construction documents for one or both of the concept plans developed as part of this RFP. 18 | RFP 14-PW3 SECTION 4: OFFEROR QUALIFICATIONS 4.0 CITY’S RIGHT TO INVESTIGATE The City may make such investigations as deemed necessary to determine the ability of the offeror to provide the supplies and/or perform the services specified. 4.1 OFFEROR INFORMATIONAL REQUIREMENTS Firms interested in providing the services described in this RFP should be able to demonstrate experience in the areas described in Section 3. 19 | RFP 14-PW3 SECTION 5: COST PROPOSAL MUST BE RETURNED WITH BID One (1) original and two (2) copies shall be submitted in a separate sealed envelope before the required deadline. The offerors cost proposal shall be signed by an authorized agent of the company. There is no maximum page limit to section 5. The undersigned bidder, having familiarized themselves with the work required by the RFP, the bid documents, the site where the work is to be performed, all laws, regulations, and other factors affecting performance of the work, and having satisfied itself/himself/herself of the expense and difficulties attending performance of the work; Hereby proposes and agrees, if this bid for the above named project is accepted to enter into a contract to perform all work necessary to the successful completion of the contract; and to supply all required submittals as indicated or specified in the RFP and the bid documents to be performed or furnished by bidder for the total contract price of: Total Price $_______________________________ Print Total Price in Words ____________________________________________ Print/Type Company Name Here: __________________________________________________________________________ Authorized Signature______________________________Date_______________________ Print/Type Name_________________________________ Print/Type Title_________________________________ 20 | RFP 14-PW3 SECTION 6: EVALUATION CRITERIA 6.0 EVALUATION CRITERIA The evaluation committee will review and evaluate the offers according to the following criteria:  A selection team for the City will initially evaluate and score all technical proposals received.  Proposals not meeting the minimum technical requirements and those who are non-responsive will not be considered.  Cost Proposals will be reviewed after the technical review process. Proposal Evaluation Criteria Qualifications of the design team 25 pts.  Organization strength and stability  Education and experience of the assigned staff  Key personnel’s level of involvement  Proximity and availability of key personnel Work Plan 25 pts.  Project approach  Public involvement  Project innovations  Schedule Related Projects and References 25 pts.  Experience and technical competence on similar projects  Previous experience with City of Milton projects  Previous experience as a design team  Quality of the final work product  Ability to meet schedules Price (Section 5) 25 pts. 21 | RFP 14-PW3 SECTION 7: STANDARD CONTRACT INFORMATION 7.0 STANDARD CONTRACT The City’s standard contract is attached to this document as Appendix A. Offerors should notify the City of any terms within the standard contract that either preclude them from responding to the RFP or add unnecessary cost. This notification must be made by the deadline for receipt of written/e-mailed questions or with the offeror’s RFP response. Any requests for material, substantive, important exceptions to the standard contract will be addressed in any formal written addendum issued by the procurement officer in charge of the solicitation. The City reserves the right to address any non-material, minor, insubstantial exceptions to the standard contract with the highest scoring offeror at the time of contract negotiation. 7.1 ADDITIONAL CONTRACT PROVISIONS AND TERMS This RFP and any addenda, the offeror’s RFP response, including any amendments, a best and final offer, any clarification question responses, and any negotiations shall be included in any resulting contract. The City’s standard contract, attached as Appendix A, contains the contract terms and conditions which will form the basis of any contract negotiated between the City and the highest scoring offeror. The contract language contained in Appendix A does not define the total extent of the contract language that may be negotiated. In the event of a dispute as to the duties and responsibilities of the parties under this contract, the contract, along with any attachments prepared by the City, will govern in the same order of precedence as listed in the contract. 7.2 SUBCONTRACTORS The highest scoring offeror will be the prime consultant if a contract is awarded and shall be responsible, in total, for all work of any subcontractors. All subcontractors, if any, must be listed in the proposal. The City reserves the right to approve all subcontractors. The Consultant shall be responsible to the City for the acts and omissions of all subcontractors or agents and of persons directly or indirectly employed by such subcontractors, and for the acts and omissions of persons employed directly by the Consultant. Further, nothing contained within this document or any contract documents created as a result of any contract awards derived from this RFP shall create any contractual relationships between any subcontractor and the City. 7.3 GENERAL INSURANCE REQUIREMENTS See sample contract. 7.4 COMPLIANCE WITH WORKERS’ COMPENSATION ACT The Consultant is required to supply the City of Milton with proof of compliance with the Workers’ Compensation Act while performing work for the City. Neither the Consultant nor its employees are employees of the City. The proof of insurance/exemption must be received by the City of Milton within 10 working days of the Request for Documents Notice and must be kept current for the entire term of the contract. CONTRACTS WILL NOT BE ISSUED TO VENDORS WHO FAIL TO PROVIDE THE REQUIRED DOCUMENTATION WITHIN THE ALLOTTED TIME FRAME. 7.5 COMPLIANCE WITH LAWS The Consultant must, in performance of work under this contract, fully comply with all applicable 22 | RFP 14-PW3 federal, state, or local laws, rules and regulations, including the Civil Rights Act of 1964, the Age Discrimination Act of 1975, the Americans with Disabilities Act of 1990, and Section 504 of the Rehabilitation Act of 1973. Any subletting or subcontracting by the Consultant subjects subcontractors to the same provision. The Consultant agrees that the hiring of persons to perform the contract will be made on the basis of merit and qualifications and there will be no discrimination based upon race, color, religion, creed, political ideas, sex, age, marital status, physical or mental disability, or national origin by the persons performing the contract. 7.6 CONTRACT TERMINATION See sample contract. EXHIBIT “B” The attached Proposal is Consultant’s response to City’s Request for Proposals for a multi- part design project. This Agreement relates only to Task 9 of 9 in that design project. The terms of the attached Proposal apply to this Agreement only to the extent they relate generally to the project as a whole, or specifically to Task 9. The terms of the attached Proposal shall not apply to this Agreement to the extent they relate only to Tasks 1-8. City of Milton FREEMANVILLE ROAD AT BIRMINGHAM ROAD AND PROVIDENCE ROAD INTERSECTION IMPROVEMENTS RFP #14-PW3 | March 25, 2014 HOME OF' THE BES] QUALITY OF t IPE IN GkOR-I' MILTON At FSTABLISI IED 2006 CITY OF MILTON REQUEST FOR PROPOSALS (THIS IS NOT AN ORDER) RFP Number: RFP Title: 14-PW3 Freemanville Road at Birmingham Road and Providence Road Intersection Im rovements Due Date and Time: March 25, 2014 Number of Pages: 32 Local Time: 2:00pm ISSUING DEPARTMENT INFORMATION Issue Date: March 3, 2014 City of Milton Phone: 678-242-2500 Public Works Department Fax: 678-242-2499 13000 Deerfield Pkwy, Suite 107G Website: www.citvofmiltonea.us Milton, Ga. 30004 13000 Deerfield Pkwy INSTRUCTIONS TO OFFERORS OFFERORS MUST COMPLETE THE FOLLOWIN Return Proposal to: Mark Face of Envelope/Package: Pond & Company RFP Number: 14-PW3 City of Milton Name of Company or Firm Attn: Rick Pearce, Purchasing Office (Please print name and sign in ink) Special Instructions: Deadline for Written Questions 13000 Deerfield Pkwy March 11, 2014 Suite 107G Email questions to Rick Pearce at Milton, Ga. 30004 rick.pearce(acityofmilton¢a.us IMPORTANT: SEE STANDARD TERMS AND CONDITIONS G Offeror Name/Address: Author�ized O•ffegnatory: Pond & Company / 3500 Parkway Lane, Suite 600 R. Brian Bolick, PE I Vice President Norcross, Georgia 30092 (Please print name and sign in ink) Offeror Phone Number: Offeror FAX Number: 678.336.7740 678.336.7744 Offeror Federal I.D. Number: Offeror E-mail Address: 58-1639128 BolickB@pondco.com OFFERORS MUST RETURN THIS COVER SHEET WITH RFP RESPONSE PHONE: 678.242.2500�FAX:d78.242.2499 �+ �y„P + IMoOkI yolmlltonga.us I www.e0yolmi0onga.us CommunityE,ht" i 13000 Deerfield Parkway, Suite 107 Milton GA 30004 ctnni,to O 4 1 RFP 14-PW3 HOMEOF'i.iFBFliCJUALIIfOF!IFFIN(� RGIA' M I LTONESTABLISHED 2006 CITY OF MILTON DISCLOSURE FORM MUST BE RETURNED WITH BID This form is for disclosure of campaign contributions and family member relations with City of Milton officials/employees. Please complete this form and return as part of your RFP package when it is submitted. Name of Offeror Name and the official position of the Milton Official to whom the campaign contribution was made (Please use a separate form for each official to whom a contribution has been made in the past two (2) years.) N/A List the dollar amount/value and description of each campaign contribution made over the past two (2) years by the ApplicanuOpponent to the named Milton Official. AmountlValue N/A N/A Description Please list any family member that is currently (or has been employed within the last 12 months) by the City of Milton and your relation: N/A N/A N/A N/A 5 1 RFP 14-PW3 HOMEOF'li ,i .,I ; CId r� i wI:,F d'\' MIN LT ESTARLISHED 2006 RFP# 14-PW3 PROPOSAL LETTER (Bidder to sign and return with proposal) We propose to furnish and deliver any and all of the deliverables and services named in the Request for Proposal (RFP) Freemanville Road at Birmingham Road and Providence Road Intersection Improvements. It is understood and agreed that we have read the City's specifications shown or referenced in the RFP and that this proposal is made in accordance with the provisions of such specifications. By our written signature on this proposal, we guarantee and certify that all items included meet or exceed any and all such City specifications. We further agree, if awarded a contract, to deliver goods and services which meet or exceed the specifications. The City reserves the right to reject any or all proposals, waive technicalities, and informalities, and to make an award in the best interest of the city. PROPOSAL SIGNATURE AND CERTIFICATION I understand collusive bidding is a violation of State and Federal Law and can result in fines, prison sentences, and civil damage awards. I agree to abide by all conditions of the proposal and certify that I am authorized to sign for my company. I further certify that the provisions of the Official Code of Georgia Annotated, Sections 45-10-20 et. seq. have not been violated and will not be violated in any respect. Authorized Signature ' /� /�1i�' /�SG.. Date_ Print/Type Name R. Brian Bolick, PE � Vice President Print/Type Company Name Here Pond & 3.24.14 a. Design Team    www.pondco.com                                 1  4.a. DESIGN TEAM WHAT SETS THE TEAM APART Pond & Company (Pond) founded in 1965, is a local Atlanta based full-service architecture, engineering and planning firm providing design and construction services to local, state and federal clients. We currently provide services to over 30+ local governments in Metro Atlanta. With a staff of 250+ professionals Pond is proud to be ranked #4 among Atlanta’s “Top 25 Engineering and Planning Firms” by the Atlanta Business Chronicle. As a full service firm Pond is able to bring together the mixture of skills that are necessary and unique, to make each project successful. As a result, Pond has a history of producing award winning, context sensitive and innovative projects to serve our client’s needs. We were recently awarded the 2014 American Council of Engineering Companies (ACEC) Grand Award for North Avenue Streetscape in Atlanta, Georgia (pictured on right.) We were awarded the top project completed in Georgia in 2013 by American Council of Engineering Companies (ACEC) and was presented the State Award and the People’s Choice Award for the design of the improvements to Aviation Boulevard at the new Maynard H. Jackson, Jr. International Terminal at Hartsfield-Jackson Atlanta International Airport. Pond’s awards history also includes Georgia Partnership for Transportation Quality (GPTQ) Grand Award (Best Overall in All Categories) for the TE funded Big Creek Greenway Multi-Use Trail, Forsyth County, GA. The 2010 Bridge Design award for the Grimes Bridge Creek bridge replacement. Also, Pond was the recipient of the American Society of Landscape Architects (GA-ASLA) Merit Award for the Master Plan for Vine City Park, Atlanta, GA and an Award of Excellence from the Atlanta Urban Design Commission (AUDC) for the Fifth Street Pedestrian Plaza Bridge (over Interstate 75/85) Atlanta, GA. Our transportation design group consists of highly-trained, specialized, experienced and responsive professionals. Pond has built a solid reputation for excellence in service quality and client satisfaction by providing exceptional professional services for our local clients including the cities of: Alpharetta, Dunwoody, Marietta, Milton, Roswell, Johns Creek, Sandy Springs, Norcross, Duluth, Sugar Hill, Avondale Estates, Flowery Branch, Kennesaw, Chamblee, Doraville, Forest Park, College Park, Morrow, Hapeville, College Park, East Point, Clarkston, Riverdale, Atlanta, Acworth, and Holly Springs; counties of: Cobb, Clayton, Gwinnett, Dawson, White, Henry, Fulton, DeKalb, Cherokee, Morgan, Bartow, Douglas and Forsyth; Gwinnett Village CID, Gwinnett Place CID, Evermore CID, Perimeter CIDs, and the Georgia Department of Transportation (GDOT). Address: 3500 Parkway Lane, Suite 600 | Norcross, Georgia 30092 | P: 678.336.7740 | www.pondco.com Proximity: Pond is located in Norcross, Georgia approximately 18 miles from the project sites. Project Manager/PrimaryContact: Ron Osterloh, PE | E: OsterlohR@pondco.com SUBCONSULTANT Development Planning & Engineering, Inc. (DPE) is a professional civil engineering and land surveying firm specializing in professional services for transportation facilities, commercial and industrial developments, public parks, recreation areas, pedestrian facilities, dam and flood control systems, hydrology, and hydraulic structures. DPE is a highly respected firm with a reputation for providing top- quality design services to the public and private sector. Address: 5074 Bristol Industrial Way, Suite A | Buford, Georgia 30518 | P: 770.271.2868 | www.dpengr.com Proximity: DPE is located in the city of Buford, Georgia which is approximately 30 miles from the project sites.           North Avenue Streetscape, Atlanta, Georgia    www.pondco.com                                 2  PROJECT STAFFING A comprehensive understanding of transportation design, operations and engineering will be critical to the success of the project. We have selected our design, engineering and consultant team to succinctly respond to the priorities stated in the request for qualifications. KEY PERSONNEL Ron Osterloh, PE (Project Manager: 60% available) has led numerous transportation design projects ranging from intersection and sidewalk improvements to major roads on new alignment. He has the experience to guide the project for development of an effective solution within the context of the City of Milton. Kevin Skinner, PE (Transportation Design Lead: 60% available) has served as Lead Engineer on many intersection improvement design projects, including dozens of intersection project in Metro Atlanta. Brian Bolick, PE (Principal-In-Charge: 20% available) has prepared creative transportation solutions for a variety of multidiscipline projects. He will oversee the design work and will provide the resources necessary to produce a successful project. Arwin Lopez, PE (Transportation Design: 50% available) has served as a Roadway Project Engineer on numerous highway and intersection design projects for the City of Milton, including design of two roundabouts. During his time at Pond, Arwin has been responsible for all of the design aspects related to these projects including horizontal and vertical road alignments, drainage design, staging design and erosion control. Richard Fangmann PE, PTOE (Traffic Design: 40% available) has performed traffic analysis for roadway design and operational projects of varying size and complexity and can compare efficiency of alternative intersection treatments. Richard has performed analysis of a variety of intersection controls, including: traffic signals, roundabouts, multiway stops, continuous flow intersections, Continuous Green-T intersections, superstreets, and two level urban intersections. b. Work Plan www.pondco.com                                                                                               3  4.b. WORK PLAN   The Pond Team is extremely well suited and exceptionally qualified to provide all required engineering, permitting and other professional services for the design of the Freemanville Road at Birmingham Road and Providence Road Intersection Improvements. Pond has experience in the preparation of design and construction documents for similar projects that focus on defining a cost effective and context sensitive design solution for intersection improvements. Pond will use its diverse team members, including roadway designers, transportation planners, and landscape architects, to develop creative alternatives so that the City can implement the best design solution for the community. Freemanville Road, Birmingham Road, and Providence Road are moderately traveled roads through many hours of the day and become more heavily traveled during the AM and PM peak hours, experiencing heavy delay and long queues. In addition, the nearby intersection of Birmingham Highway at Birmingham Road/Hickory Flat Road also experiences heavy delay, queuing almost to Freemanville Road in the PM peak hour. To help us better understand the anticipated scope of these intersection improvements, the Pond team has thoroughly investigated the project sites. As a result, we have identified three simplified alternatives that will allow the Pond design team to immediately begin discussion with the City regarding the concept phase of the project. The following is a brief description of the potential alternatives, including some preliminary “pros” and “cons”: Alternative 1 – Retain Multiway Stop Control: The existing intersections experience significant delay during the peak hours, but do also have several non-congested hours. In addition, the multiway stop control limits the occurrence and severity of angle crashes along these roads. This current condition will be used as a point of comparison to other alternatives in regards to safety, operations, and improvement cost. Pros: Reduced potential for angle collisions over signalized intersection and no cost for implementation. Cons: Turning lanes are not provided and intersection delays which are currently significant will become greater. Alternative 2 – Traffic Signal with Turning Lanes: This alternative consists of the addition of left turn lanes along both roads. A signal warrant study will be conducted to determine if a signal is warranted. Sidewalks will be added at the intersection to provide ADA compliance and crosswalks will be provided for crossing both roads. Pros: Reduces potential for rear-end and angle collisions, improves intersection capacity and reduces delay. Cons: Right-of-way may be required to provide area for turning lanes, increased exposure to angle crashes. Alternative 3 - Roundabout: This alternative consists of constructing roundabouts at the existing intersections. This option would require minimal realignment of the approach roads. It would not require signal warrants or additional auxiliary/left turn lanes. Roundabouts have been proven to be efficient alternatives to signal installations where volume are moderate. Pros: Greatly improves intersection safety, improves traffic flow on all approaches without adding a traffic signal, provides traffic calming as well as options for context sensitive designs. Cons: Changes driver expectancy, will need to be verified to accommodate future traffic growth. Pond performed sample counts of traffic at the two intersections on March 20, 2014 and performed traffic analysis using Syncho Software and the GDOT roundabout analysis tool. Year 2014 and 2024 analysis was performed. This analysis suggests that roundabouts could be installed at the two study intersections and would result in acceptable levels of service (see table-next page). Any Intersection widening at the Freemanville Rd at Providence Rd intersection will result in impacts to utility poles and drainage structures. The Freemanville Rd at Birmingham Rd intersection experiences severe delays and queuing during both the AM and PM peak periods. www.pondco.com                                                                                               4  In addition, the intersections are expected to operate with acceptable levels of delay with traffic signals. However signal warrant analysis was not performed at this time and would require volume data throughout the day. Please note, this information was based on sample counts, but the overall results are likely to be the same with full peak period turning movement data, which will be collected and analyzed as part of the study. Preliminary Intersection Analysis Results In addition to these three alternatives, once Pond has collected the traffic volumes and prepared the projections, Pond will meet with the City to decide if there are any other options that might better suit the existing intersection. Every effort will be taken to reduce the need for right-of-way acquisition on this project, while still meeting current design and safety standards. In addition to the right-of-way needed to improve the geometry at the existing intersection, it is likely that other minor temporary construction easements will likely be needed. SCOPE OF WORK SUMMARY Pond proposes to complete the scope of work indicated in the RFP to provide detailed concept plans to facilitate implementation. Below is a summary of tasks to be undertaken. Task 1: Data Collection: Pond will collect traffic and crash data. Identification of physical conditions and constraints, as well as utilities will be performed early in the concept development. Task 2: Property Research: Pond will identify property lines, ownership, and easements/boundary agreements. Task 3: Property and Topographic Survey Mapping: Pond will prepare a property and topographic survey to determine physical features, utilities, property lines, and environmental features. Task 4: Traffic Operations and Safety Assessment: Pond will prepare a traffic study to include level of service, capacity, operational and safety concerns, operating speeds, and delay. Signal warrants and level of service, as well as roundabout suitability and level of service will be evaluated. Task 5: Develop Improvement Scenarios: Pond will develop a minimum of three concepts for intersection improvement. This will include signal or roundabout warrants or other items needed for project justification. Task 6: Prepare Improvement Scenarios and Concept Plans: The results of the traffic operations and safety assessment, along with results for the improvements scenarios will be included in a concept report and plans. Task 7: Public Outreach: Pond will initiate early and ongoing public involvement throughout the process to prepare a concept in accordance with the Context Sensitive Solutions approach. Two public meetings will be provided for input. Task 8: Final Report and Public Presentation: Pond will prepare a concept report that is comprehensive, yet user friendly to facilitate its use by the city staff and accessibility to the public. The preliminary and final reports will be presented to the Mayor and City Council. Task 9: Construction Documents: If so directed by the City, Pond will prepare construction documents for the recommended improvements (under a separate scope and fee). Pond staff and our team of consultants has extensive experience preparing concept and detailed designs for intersection improvements at locations similar to the Freemanville Road Intersections. We have prepared numerous designs using the GDOT PDP and also have experience in providing additional efficiency when working on locally funded projects. Our combination of in-house transportation design, traffic engineering, and landscape architecture will employ a cohesive, holistic approach to improving the intersections in a manner that is sensitive to the context of the area. AM LOS Queue  (ft) PM LOS Queue (ft) AM LOS Queue (ft) PM LOS Queue (ft) Northbound ApproachB25A18B20F280 Southbound Approach D 145 A 10 C 65 B 10 Eastbound Approach F 360 A 15 E 298 C 74 Westbound Approach C 95 B 45 B 58 F 280 Northbound Approach C 38 A 23 B 25 F 345 Southbound Approach E 235 A 13 C 93 B 18 Eastbound Approach F 340 A 20 F 373 C 128 Westbound Approach D 155 B 60 C 83 F 345 Northbound ApproachA19A13A14B108 Southbound ApproachA58A 8 A37A11 Eastbound Approach C 172 A 11 C 183 A 31 Westbound Approach A35A37A27D253 Northbound ApproachB68A47B44C181 Southbound Approach B 140 A 13 C 190 B 45 Eastbound Approach B 345 A 24 B 278 A 105 Westbound Approach A 109 A 68 A 65 B 296 Freemanville Road at Birmingham Road 2014 Existing Conditions 2024 No Build 2024 Roundabout 2024 Signalized Intersection Time  Period/Approach Freemanville Road at Providence Road www.pondco.com                                                                                               5  SCHEDULE Pond understands that the project schedule is an important factor in serving the citizens of Milton and an expedient and timely schedule can define the success of this project. In Pond’s experience working with the Cities, the ability to be able to design and implement projects expeditiously is critical. The costs of construction and right of ways are currently at a relative low and the longer it takes to implement the design, the more the project will cost. Also, Pond feels, that the quicker you can implement designs the easier it is for the public and the adjacent residences to accept and support the project. Because of this, Pond has developed a project team that can not only start on the project immediately, but has the capabilities to expedite the design process. The schedule below indicates the start and duration of the major tasks, as defined in the Request for Proposal. The total project completion schedule from Notice to Proceed from the City of Milton to the presentation of the recommended alternative is estimated at approximately five (5) months. The proposed schedule includes estimated review times for the City of Milton. c. Related Projects and References    www.pondco.com                                 6  4.c. RELATED PROJECTS AND REFERENCES SIMILAR PROJECTS GEORGIA DEPARTMENT OF TRANSPORTATION, WIDENING OF STATE ROUTE 9 FULTON COUNTY, GEORGIA This project consists of the 3 mile widening of S.R. 9 from Windward Parkway to Forsyth County line. Design year AADT is over 25,000, and over 30,000 in some portions. This capacity widening will result in a four lane divided roadway with a raised median and sidewalk. Reconfiguration of side roads is expected, including the adverse skew at the intersection with Bethany Bend. The design also includes vertical and horizontal geometric improvements, complete drainage design, traffic signal upgrades, pedestrian improvements, utility relocations, and management of the Municipal Separate Storm Sewer System (MS4). Because S.R. 9 is a major route for the City of Milton, active coordination with local city staff is ongoing to provide context sensitive ideas in order to preserve the character of the community. Reference: Jeremy Busby, PE | P: 404.631.1154 | E: jbusby@dot.ga.gov Degree of Involvement of the Team: Kevin Skinner, Brian Bolick, Arwin Lopez and Richard Fangmann. CONCEPT STUDY OF INTERSECTION IMPROVEMENT OF BETHANY BEND AT STATE ROUTE 9 CITY OF MILTON, GEORGIA This project consists of identifying an optimal concept for improvements to Bethany Bend at State Route 9. Pond has conducted traffic analyses for multiple options ranging from low-cost operational improvements that would enhance pedestrian and driver safety, to complex concepts that address the safety concerns as well as congestion and skew challenges. These concepts include offset intersections, jughandle intersections, and multi-lane roundabouts. Traffic modeling has been completed and the feasible concepts are being brought to the public for review and comment. During the public involvement process, Pond will be presenting and explaining the benefits and impacts of each alternative through the use of a comparison table, concept plan drawings, and video simulation. Reference: Carter Lucas, PE, Public Works Director | P: 678.242.2626 | E: Carter.Lucas@cityofmiltonga.us Degree of Involvement of the Team: Ron Osterloh, Kevin Skinner, Arwin Lopez, and Richard Fangmann. HOPEWELL ROAD AT BIRMINGHAM ROAD INTERSECTION IMPROVEMENTS CITY OF MILTON, GEORGIA The project examined alternative intersection modifications to address extreme traffic congestion and higher than usual crash rates. This location was complicated by a steep grade and minimal sight distance. This grade change and need for movement of a heavy through movement in the T-intersection led to close consideration of a roundabout at this intersection. Pond performed a traffic study and performed an alternatives analysis, which was publicly presented and commented on. Two major options for consideration were a new traffic signal and intersection upgrades, and a roundabout with bypass lanes. Pond worked closely with the City of Milton to present to the public and obtain their feedback. Pond attended a Public Information Open House to present the different alternatives of roundabout and signalized intersection. Information presented in this meeting was also made available on the City’s website for public viewing and comment. Animated traffic models of both alternatives were presented along with display boards, and typical sections. During the public involvement process, citizens could ask questions and determine what they felt would work best. While both options solved the traffic problems, the citizens voted 2:1 in favor of the roundabout and the city council confirmed.    www.pondco.com                                 7  Recently, Pond has entered the final stage of design for this roundabout on this heavily traveled rural corridor. The proposed design includes a single lane rural roundabout with a dual entry and bypass lane on the south leg of the intersection and multiuse trail on the north. The roundabout elements improve traffic flow, sight distance, and aesthetics. Other design challenges were addressed through a balanced context sensitive design. Due to the rural characteristics of the corridor, the location of the roundabout was set to enhance its visibility. The location of the roundabout was also balanced with the need to avoid an area with clustered utilities. The approach geometry was designed to reduce approach speeds, since the existing posted speed was 40 mph and the speed issue was compounded by the steep vertical grades. Another consideration incorporated into the design was that of speed management of the vehicles through the roundabout. This was achieved by appropriate entry geometry and approach alignment. The roundabout design includes a truck apron for the accommodation of the largest expected design vehicle to navigate through the roundabout. The proposed intersection improvement was also coordinated with the design of the future site development of City facility located on the northeast corner of the intersection. Reference: Carter Lucas, PE, Public Works Director | P: 678.242.2626 | E: Carter.Lucas@cityofmiltonga.us Degree of Involvement of the Team: Ron Osterloh, Kevin Skinner, Arwin Lopez, and Richard Fangmann. FURTHER PROJECT EXPERIENCE FORSYTH COUNTY LOCAL INTERSECTION IMPROVEMENTS VARIOUS LOCATIONS, GEORGIA This project consists of providing full design, right of way and construction documents for 18 different locations throughout Forsyth County, including numerous intersections on State Routes. The improvements vary at each of the intersection. These include safety and operational improvements as well as drainage and capacity improvements, which are all funded through the County’s current SPLOST program. Traffic studies have been conducted at each of the proposed intersection projects to help determine the scope of the improvements. An example of some of the improvements includes the addition of turn lanes, the addition of signals, roadway realignments as well as intersection reconstruction to provide a new roundabout (continuous flow intersection). The design scope includes vertical and horizontal layouts, traffic studies, driveway profiles, drainage design, maintenance of traffic, erosion control as well as right of way plans. The improvements were designed to minimize right of way and environmental impacts and maximize the value of the funding available. Special Encroachment Permits were obtained for all intersection improvements located on state routes. The work was performed as part of an on-call transportation engineering contract with Forsyth County. All design was conducted as part of one engineering services task order and 18 individual right of way and construction packages were prepared concurrently. The design was completed on time and on budget and the construction has been completed on approximately 14 of the 18 intersections. MARRIETTA BOULEVARD/MOORES MILL, ATLANTA QUALITY OF LIFE PROJECTS CITY OF ATLANTA, GEORGIA Within the re-development of the Marietta Boulevard corridor, Pond is currently working on transportation design packages. These improvements will enhance mobility, create safer intersections and pedestrian connectivity. Pond utilized the guidance of an earlier LCI study and while addressing multiple access issues and coordinating directly with major re-development projects. This $3,600,000 project includes Marietta / Bolton Intersection Improvements; Moores Mill Extension; Marietta Boulevard Streetscape; and Bolton Road Sidewalk and intersection Improvements. This design includes elements of traffic signal, utility relocation, right-of-way acquisition, storm drainage reconstruction, access control, pedestrian connectivity and roadway widening.    www.pondco.com                                 8  EVES ROAD COMPLETE STREET ROSWELL, GEORGIA This 1.6 mile section of Eves Road in Roswell is being transformed from a local residential street into a complete street that provides all users including motorists, pedestrians, and bike users of all ages and abilities a safer and more complete transportation corridor. The new corridor will have bike lanes and a multiuse path providing a complete transportation corridor. The corridor serves numerous residential developments, a Post Office, and an elementary school. These facilities will all be served better by the new Eves Road complete street. NORTH INDIAN CREEK & MEMORIAL COLLEGE AVENUE INTERSECTION IMPROVEMENTS CLARKSTON, GEORGIA This project includes the improvements to two major intersections along North Indian Creek Road. The improvements include relocating the two intersecting streets to one intersection point along North Indian Creek Road. The project will improve the safety and operational characteristics of the 5 lane North Indian Creek Road. The intersection is adjacent to four different schools. Vehicular and pedestrian safety, minimizing ROW impacts and construction cost were major factors associated with the design. The design scope is from conceptual through final design and includes elements of roadway, ROW, traffic signal, utility relocation, and hydraulic design. INTERSECTION IMPROVEMENTS – LAVISTA ROAD AT OAK GROVE ROAD/OAK GROVE DRIVE AND LAVISTA ROAD AT FRAZIER ROAD/FAIR OAKS ROAD DEKALB COUNTY PUBLIC WORKS, DEKALB COUNTY, GEORGIA The project improves the intersections of LaVista Road at Oak Grove Road/ Oak Grove Drive and LaVista road at Frazier Road/ Fair Oaks Road. The improvements at LaVista and Oak Grove include realigning the two intersecting side roads to meet at a common intersection, adding appropriate auxiliary lanes at the new intersection approaches, improving existing safety conditions at the intersection, improving traffic and pedestrian control, and adding sidewalk for a distance of 0.5 mile along the LaVista Road approaches. The LaVista at Fraizer/Fair Oaks improvement project consists of roadway improvements that include reconfiguration of the existing intersections to improve efficiency through new signal phasing and the addition of auxiliary lanes. The projects are a combination of GDOT and local DeKalb County Bond Program funding. Both intersection improvements include the addition of raised landscaped medians, bicycle friendly pavements, pedestrian lighting and shoulder landscaping. MAIN STREET (S.R. 9) AT VAUGHN DRIVE, ALPHARETTA, GEORGIA This intersection project will add a left turn lane on Main Street (S.R. 9) onto Vaughn Drive. Over the years, gradual expansion in the immediate area has led to segmented deceleration and acceleration lanes that don’t function well as a whole. Driveway access evolved into large unrestricted areas, and accidents and delays became common. Pond has designed a solution for the intersection which utilizes existing excess pavements, and requires no additional right of way or easement. This will greatly streamline the process, and to begin in 2013. The improvements at Vaughn Drive are a temporary fix, until the larger GDOT project is constructed, estimated to be completed in 2018. d. Pricing Applicable Addenda Acknowledgement �IAILTONV I STA011SWO 2W! ACKNOWLEDGEMENT RECEIPT OF ADDENDUM #1 RFP 14-PW3 Upon receipt of documents, please email or mail this page to: City of Milton Attn: Rick Pearce, Purchasing Office 13000 Deerfield Pkwy Suite 107G Milton, GA 30004 Phone: 678-242-2511 Email: rick.uearcena,cityofmilton2a.us I hereby acknowledge receipt of documents pertaining to the above referenced RFP. COMPANY NAME: Pond & Comoanv CONTACT PERSON: R. Brian Bolick PE I Vice President ADDRESS: 3500 Parkway Lane. Suite 600 CITY: Norcross STATE: Georgia ZIP: 30092 PHONE: 678.336.7740 FAX: 678.336.7744 EMAIL ADDRESS: BolickB(@pondco.com �• / i.i�C• 3.24.14 /Signafure Date ADDENDUM #1 1�Pa� RNP14-PW3 ADDENDUM #1 RFP 14-PW3 Questions and City of Milton Answers Q: I presume that this project includes improvements to the existing intersection of Freemanville Road @ Birmingham Road, and this intersection is shown on the project location map in the RFP. However, what are the project limits for "Providence Road intersection improvements"? The map circles Providence Road - Freemanville Road intersection, but the description in the RFP does not specifically confirm that. Please be more specific as to what intersections are to be improved as part of this project. This project includes improvements to the existing intersection of Freemanville Road at Birmingham Road and to the existing intersection of Freemanville Road at Providence Road, Q: You are requesting traffic counts for SR 372 at Birmingham Highway/Hickory Flat Road under task 1 on sheet 14 in the RFP. Are any improvements to this intersection presumed as part of this project, or do you just want the existing intersection configuration evaluated for level of service as part of this project? Improvements at the intersection of SR 372Birmingham Highway at Hickory Flat Road/Birmingham Road are not included in the scope of this project. The intersection will be evaluated in the traffic modeling for this project due to the proximity to the Freemanville Road at Birmingham Road intersection. The traffic modeling of the SR 372/Birmingham Highway at Hickory Flat Road/Birmingham Road intersection may use existing intersection configuration as well as proposed future configurations. 2�Page RNP 1 4- P W 3 3500 PARKWAY LANE, SUITE 600 NORCROSS, GA 30092 P 678.336.7740 | F 678.336.7744 www.pondco.com Architects Engineers Planners EXHIBIT “C” Architects Engineers Planners June 7, 2016 Ms. Sara Leaders, PE Transportation Engineer City of Milton 13000 Deerfield Pkwy. Suite 107G Milton, Georgia 30004 Pond & Company 3500 Parkway LaneI P 678.336.7740 Suite 600 F 678.336.7744 Norcross, GA 30092 www pondoo.com RE: Freemanville Road at Providence Road Roundabout Intersection Dear Ms. Leaders: Pond and Company (Pond) is pleased to submit our scope and fee estimate to the City of Milton for professional engineering and consulting services for the above referenced project. It is our understanding that we will move forward from the concept has been approved and surveying has been completed. It is also our understanding that we will design the "offset intersection roundabout" that was the preferred alternative in the previous traffic study/concept report. We propose to provide environmental screening, preliminary plans, right of way plans and final plans and if requested, construction administration. Sincerely, Steven Bitney, P.E. Senior Project Manager All Pond & Company marketing materials are printed on papers containing post -consumer recycled fibers and ore FSC Certified. SCOPE Phase 1 -- Environmental Screening • Desktop analysis for archeology, history, and ecology • Screening memoranda for history, archeology, and ecology, describing resources identified within the project limits as well as impacts to resources associated with the proposed project that will require permitting and coordination with applicable local, state, and federal agencies. Submit environmental screening memoranda. Phase 2 — Preliminary Plans — We will provide the following: • Validate and refine the project concept. • Refine the horizontal and vertical alignments determined during concept development. • Prepare a drainage area map showing watersheds, drainage areas, and locations of any cross drains. • Prepare a preliminary drainage design, profiles and layout. • Prepare preliminary roadway plans and profiles. • Prepare preliminary earthwork cross sections. • Prepare preliminary stage construction/maintenance of traffic plans. • Prepare preliminary erosion control plans. • Prepare preliminary utility adjustment plans. • Prepare preliminary signing and marking plans. • Prepare preliminary landscaping plans • Prepare preliminary cost estimates for construction, right of way, and utilities adjustments and relocations. • Submit preliminary plans to the City of Milton for review and scheduling a Preliminary Field Plan Review (PFPR). • Attend the PFPR and respond to comments. • Two meeting with the City of Milton. Phase 3 — Right of Way Plans — We will provide the following: • Prepare preliminary right of way plans showing existing property lines, owners, required right of way and temporary easements. • Submit preliminary right of way plans to the City of Milton for review. • Respond to the City of Milton's comments and update plans as necessary. • Resubmit final right of way plans to the City of Milton. • One Meeting with the City of Milton. Phase 4 — Final Plans — We will provide the following: • Final drainage design, layouts and profiles. • Final roadway plans and profiles. • Final earthwork cross sections. • Final stage construction/maintenance of traffic plans. • Final erosion control plans. • Final utility adjustment plans. • Final signing and marking plans. • Final Landscaping plans • An updated construction cost estimate. All Pond & Company mar keting materiols are printed on papers containing post -consumer recycled fibers and are FSC Certified. • Submit final plans to the City of Milton for review. • Respond to the City of Milton's comments. • Resubmit final plans to the City of Milton. • Two meetings with the City of Milton. Phase 5 — Construction Administration: • Provide construction administration services on an as needed basis to be billed hourly. Assumptions: • Right of way staking is not included. • Field survey is complete and includes utility and property information. • The concept report is approved. • A Final Field Plan Review (FFPR) is not required. • MS4 design and BMP's are not required. • The project will be designed using current AASHTO and GDOT requirements and guidelines. The project design will also conform to current GDOT standards, specifications, and construction details. • The project does not include lighting. • Public involvement meetings are not required. • An environmental document (CEPA or NEPA) will not be required. • Geotechnical investigations are not included. • Landscape is assumed to be maintained by City and without permanent irrigation. • Irrigation design and/or performance specification is not included. • Roundabout Peer Review is not included. FEE: Phase 1 — Environmental Screening: $3,985.00 Phase 2 — Preliminary Plans: $69,270.00 Phase 3 — Right of Way Plans: $6,925.00 Phase 4 — Final Plans: $34,015.00 Phase 5 — Construction Administration: $10,840.00 Total $125,035.00 All Pond & Company marketing materials are printed on papers containing post -consumer recycled fibers and ore FSC Certified. EXHIBIT "D" STATE OF COUNTY OF CONTRACTOR AFFIDAVIT AND AGREEMENT By executing this affidavit, the undersigned contractor verifies its compliance with O.C.G.A. § 13-10-91, stating affirmatively that the individual, firm, or corporation which is engaged in the physical performance of services on behalf of the City of Milton, 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: 1g6A Federal Work Authorization User Identification Number M.$1 -0B Date of Authorization POND & COMPANY Name of Contractor FREEMANVILLE AT PROVIDENCE INTERSECTION DESIGN 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 Julv 20 , 20J_(d in (city), &A (state). Signa 'cof Authorized O tcer or Agent BmGQwear . IiR DiVe-C+x Printed Name and Title of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE 2Q DAY OF 20 TARY tqtw [NOTARY SEAL] NIWANA L RAY Notary Public, Georgia Cherokee County My Comm ssion Expi Sell f r%&I /3 '117 �----- STATE OF i L COUNTY OF L`e0 ["YalIBIT "r, SUBCONTRACTOR AFFII)AVIT By executing this affidavit, the undersigned subcontractor verifies its compliance with O.C.G.A. § 13-1O- 91, stating affinnatively that the individual, firm or corporation which is engaged in the physical performance of services under a contract with POND & COMPANY 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 I -Verify, or any subsequent replacement progr•anr, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91. Furthermore, the undersigned subcontractor will continue to use the federal work authorization program throughout the contract period, and the undersigned subcontractor will contract for the physical performance of services in satisfaction of such contract only with sub -subcontractors who present an affidavit to the subcontractor with the information required by O.C.G.A. § 1340-91(b). Additionally, the undersigned subcontractor will forward notice of the receipt of an affidavit from a sub -subcontractor to the contractor within five (5) business days of receipt. If the undersigned subcontractor- receives notice that a sub -subcontractor has received an affidavit from any other contracted sub -subcontractor, the undersigned subcontractor must forward, within five (5) business days cif' receipt, a copy of the notice to the contractor. Subcontractor hereby attests that its federal work atttlror•izafo ll user identification number and date of authorization are as follows: -811428 Federal Work Authorization Uscr identification Number September 4, 2014 Date of Authorization _ Cardno, Inc. Name of Contractor ­_ __ _ __,._ FRIEEMANVILLE AT PROVIDENCE' mTIRSECTION DESIGN Name of Project 9ty of Milton, Georgia Name of Public Employer I hereby declare under penalty of perjury that the foregoing is true and correct. Executed on J.1 (3 201 in t_ VN R- t' S (city), FC.. (state). Signature of Authorized Officer or Agent David Dickson, Senior Consultant Printed Name and Title of Authorized Officer or Agent SUBSCRIE3ED AND SWORN BEFORE NE ON THIS Ti•fE 13 DAY OF (NOTARY SEAL) My Commission Expires: M ,, Lh AIE §I& _ - MY COMMISSION I FF 733275 •f.1 EXPIRES: May 20, 2019 •?.. ��o•' Bowed Thru Nohry Pubic l r44ra* s EXHIBIT “F” Not applicable. EXHIBIT “G” N — N O1 11 r4 N L n "fu� It T n O m m N 7 a� ►1 c M N M N i N N — N o N c o N co N� 01I— N N N �00 v N i � }r Y U1 co N _ C (10 C v `v t X X O +� N LL W W 00 Nrq Va O r -I Ck� O P•� V �° ►t C m O—/ O L Z �0i C a pI ( I CL cu - N cc: O N Z co n 41 T E E V L C C C Vl V) � C O 70 (C� C N (O C C (O C 0 — 0 2 z U- Ln N O 00 � � S .-I u — co l r•I N 00 Q E O E N v E N Ln H In V > > > N a a m m co O O 4.1 V Lu L O M Gl m a N Cm vi L 4-(O m C o v a a4-1 U C •� Q C O m of V) W p c= •i O 4- M C tCp 0 C L A V O _ c4 a _ a u a of in �= v y o a� 3 y t 3 o 0 3 •� LO > o v �, �, u v - '> to 4' ca w -a U > 4- > 41 + O O 4 v Q � L N i G. a) Im i w w L � N O O ++ +� w W L Q 3 E O m L E Ia to L Et C C L E �^ p 'a .N E N M N S° v0- E 3 � v0- E °A GO c O O E �+ E C 0 v v > n £ o .� U o �_� U is a !� U L p C O L O C 's i U O 41 U O C M C C U O M a, w +_ c +_ C L- OC C i% C p O a N 4- Q +� a M +� Q +, E� � °� Y E Ln 0 y N '- w �n �_ a n z V p v= 4l N y N N d N N-0 cn N -0 y Q Y ca O a cn W N M> a cn cr Z m a cn w a v i co m L a L s cn W N {n M N 0 s s s s s Z V •� r -I N M 'cl' u1 l0 I� W 6l O I� 00 d> O .--I N M ul l0 I� +�-� '-I �--� �-I rl q ri rl r -I N N N N N N N N i m O a 0 HOME OF' HE BEST QUALITY OF LIFE FpRG!/�' N*k' MILT ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: July 28, 2016 FROM: Steven Krokoff, City Manager AGENDA ITEM: Approval of a Parks and Recreation Department Facility Use Agreement and Addendum between the City of Milton and NFL Youth Football League, Inc. MEETING DATE: Monday, August 1, 2016 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (PROVED NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: (4YES () NO CITY ATTORNEY REVIEW REQUIRED: ( YES NO APPROVAL BY CITY ATTORNEY: (I'APPROVED NOT APPROVED PLACED ON AGENDA FOR: REMARKS: ©�YouGM— PHONE: 678.242.25001 FAX: 678.242.2499 ®� �, Green s *�R; �• M1 Info®cllyolmlltonga.us www.cHyormlHonya.us w.LDuee Communi c'^'M 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 [^^^ •^ •^^ a� To: Honorable Mayor and City Council Members From: Jim Cregge, Director of Parks and Recreation Date: Submitted on July 27, 2016 for the August 1, 2016 Regular Council Meeting Agenda Item: Approval of a Parks and Recreation Department Facility Use Agreement and Addendum between The City of Milton and NFL Youth Football League, Inc. ____________________________________________________________________________ Department Recommendation: Staff is recommending the Approval of a Parks and Recreation Department Facility Use Agreement between The City of Milton and NFL Youth Football League, Inc. Executive Summary: NFL Youth Football League, Inc. provides the City with the youth football program. This program will offer football leagues and camps at Bell Memorial Park in the summer and fall. Funding and Fiscal Impact: The pricing will vary based upon the program offering. This contract offers a 30% commission on registration to the City. Alternatives: If this contract is not approved, we will have to research to find another football program provider. Legal Review: Paul Higbee – Jarrard & Davis, April 9, 2015 (Contract Template) Concurrent Review: Steven Krokoff, City Manager Page 2 of 2 Attachment(s): 1) Parks and Recreation Department Facility Use Agreement and Addendum between The City of Milton and NFL Youth Football League, Inc. HOME OF' i T QUALITY OF LIFE Ir. jRGIA' M ILTON Ir E"S"FA BLISIIED ?)()6 YOUTH ATHLETIC ASSOCIATION ORGANIZATIONAL REQUIREMENTS MANUAL AND FACILITY USE AGREEMENT TABLE OF CONTENTS PAGE: Department Mission and Philosophy Legal and Organizational Requirements 4-11 Requirements of Associations 12-19 City and Park Ordinances 24-21 Park/Facility Regulations 22 Recreation and Parks Personnel/Contact Information 23 City of Milton Accident/Incident Report Form 24 Facility Use Agreement 25-29 2 DEPARTMENT MISSION AND PHILOSOPHY The City of Milton Parks and Recreation Department is committed to providing quality programs and the promotion of healthy activities for all residents. We welcome non-residents who wish to participate in our programming. Our primary focus is on recreation level activities with limited opportunities for advanced levels of play, provided that it does not come at the expense of a recreation level activity. In all programs, the recreation level activities will be the first priority for field usage. Associations and the leaders of these Associations are expected to understand and promote the mission and philosophy of the City of Milton to serve the citizens of Milton. Association members are ambassadors for the City as well as their affiliate Association. While serving as a volunteer for the Association, members are expected to conduct themselves in an ethical and professional manner. In order to qualify as a Youth Athletic Association ("Association") and to operate on City of Milton ("City") property, each Association must adhere to certain minimum legal and organizational requirements. These requirements are a part of the Facility Use Agreement which must be signed by each Association prior to the operation of any activity on City property. These requirements are necessary in order to insure the safety and well-being of all participating Associations. The signing of the Facility Use Agreement indicates the Association's assumption of the financial responsibility for the program, as well as the management of the program participants and volunteers. The City will not be held responsible for the finances or the program management. Violation of the above mentioned responsibilities constitutes cause for the revocation of the agreement. The requirements are as follows: 1- CORPORATE REGISTRATION Each Association must be a federally registered 501(c)3 non-profit organization and licensed to operate in the State of Georgia. Proof of the current registration status must be on file with Milton Parks and Recreation Department ("Department"). 2- BYLAWS Associations shall furnish a current copy of their by-laws to the Department. By-laws must be on file or submitted with the signed Facility Use Agreement. 3- MEMORANDUM OF UNDERSTANDING WITH CITY OF ALPIIARETTA On November 5, 2012, the City Councils of Milton and Alpharetta entered into a Memorandum of Understanding ("MOU") for recreation and parks programs. The purpose of the MOU is to take an initial step to foster a long-term mutually beneficial relationship between Milton and Alpharetta as it relates to parks and recreation programs and services as a way to better serve the cities' respective citizens, offer a wider variety of recreational services, and grow the relationship between the Cities such that similar opportunities can be developed over time. In exchange for an annual payment from the City of Milton to the City of Alpharetta, Alpharetta residents shall be allowed to register for all Milton recreation programs and affiliated Association programs, and rent facilities and shall pay the same fees as Milton residents, provided space is available. Alpharetta shall waive non-resident fees for Milton residents who participate in Alpharetta recreation programs. City residents who participate in Milton/Alpharetta recreation programs shall be considered residents of that City for the purpose of travel/select teams with resident composition requirements and adults will meet affiliated youth athletic association board member resident composition requirements. 0 Theprivileges of advanced registration and the same fee structure for recreation and parks programs for City of Milton and City of Alpharetta residents shall be in effect for the duration of the Memorandum of Understanding between the Cities. For these guidelines, the word "Resident" shall include residents of the cities of Milton and Alpharetta, unless noted otherwise. 4- ELECTION OF OFFICERS The Board of Directors (`Board") shall be the governing body of each Association for the operation of the affairs of the Association as documented in the bylaws. Each Association board must be comprised of a majority of Residents upon election or appointment, and each Association should strive to achieve a minimum of sixty percent (60%) Residents on the Board. The Board of Directors must be elected annually or as mandated by the Association's by-laws, but no less than once every two years, by the Association membership. A Department employee and a member of Milton Parks and Recreation Advisory Board ("PRAB") must be notified of and invited to attend all Board meetings. The Department Director will appoint the employee liaison to the Board. The Chairman of the PRAB will appoint the PRAB liaison(s) to the Board on an annual basis. Open advertised election of the Board is mandatory. All members of the Association as defined by the bylaws shall have the opportunity to vote. A notice of upcoming elections must be sent to the Department, and shall be posted on the Association website at least thirty (30) days prior to the elections. Associations are encouraged to email notice of elections to all participant families and to post flyers at the park. Elections should be held in an easily accessible central location when there are normal Association activities scheduled at the park to provide the best opportunity for members to vote. Associations are also encouraged to provide a process for members to vote electronically. To serve as a member of the Association executive committee, a candidate must have a child actively participating in the Association program at the time of the elections. The Association must furnish a list of all elected board members, addresses, email addresses, telephone numbers (home and office) to the Department no later than one month after the elections. City will verify residency and notify PRAB liaison of City resident percentage of newly elected board. 5- ASSOCIATION MEETINGS AND ANNUAL MEETING Upon request, Association must provide copies of meeting minutes from Association membership and board meetings to Association members and City. It is recommended that meeting minutes be posted on the Association website. Each Association must schedule a minimum of one (1) annual membership meeting. This meeting shall be for the purpose of electing board members, and any other necessary business. Efforts must be made to contact all members, and the Department must be notified of the meeting. Notice of said meeting must be posted at Department facilities and on the Association website two weeks prior to meeting date. 6- CAPACI'T'Y PLANT A projection of the field/gym space requirements must be submitted to the Department at least ninety (90) days prior to the start of registration for a season. Extra facility space is not available through the City. The Association may seek to utilize facility space at other non -City locations. The Association is financially responsible for field usage fees at non - City locations if applicable. Field time not used by the Association reverts to the City for use as needed. 7- FINANCIAL REPORTS The Official Code of Georgia Annotated requires all corporate minutes and books of account be held open for inspection by any member of the Association at any reasonable time. The City assumes no responsibility for the financial well-being or outstanding debts of Associations. Each Association must provide the City with an annual Financial Statement to include a summary of operating income and expenses, capital expenditures, registration fees charged to participants, Federal and State tax returns, and profit and loss statement. 8- LIABILITY INSURANCE COVERAGE 8.1 Association shall not provide any service until all insurance required under this paragraph has been obtained and approved by the City. 8.2 Certificates of Insurance. Certificates of Insurance reflecting evidence of the required insurance shall be filed with the City prior to the commencement of this Agreement. These Certificates shall contain a provision that coverages afforded under these policies will not be cancelled until at least forty-five days (45) prior written notice has been given to the City. Policies shall be issued by companies authorized to do business under the laws of the State of Georgia. Financial Ratings must be not less than "A -VI" in the latest edition of "Best Key Rating Guide", published by A.M. Best Guide, 8.3 Insurance shall be in force until the obligations required to be fulfilled under the terms of the Agreement are satisfied. In the event the insurance certificate provided indicated that the insurance shall terminate and lapse during the period of this Agreement, then in that event, the Provider shall furnish, at least thirty (30) days prior to the expiration of the date of such insurance, a renewed Certificate of Insurance as proof that equal and like coverage for the balance of the period of the Agreement and extension thereunder is in effect. The Provider shall not provide any service pursuant to this Agreement unless all required insurance remains in full force and effect. 8.4 Commercial General Liability insurance to cover liability bodily injury and property damage. Exposures to be covered are: premises, operations, products/completed operations, and certain contracts. Coverage must be written on an occurrence basis, with the following limits of liability: $1,000,000 Combined Single Limit — each occurrence $21000,000 Combined Single Limit — general aggregate $1,000,000 Personal Injury $1,000,000 Products/Completed Operations Aggregate Association shall have its insurer name the City of Milton as an additional insured on its General Liability policy. 8.5 Worker's Compensation insurance shall be maintained during the life of this Agreement to comply with the statutory limits for all employees, and in the case any work is sublet, the Association shall require the subcontractor(s) similarly provide Workers Compensation Insurance for all the latter's employees unless and until such employees are covered by the protection afforded by the Association. The Association and his subcontractors shall maintain during the life of this Agreement Employers Liability Insurance. The following limits must be maintained: A. Workers Compensation B. Employer's Liability Statutory $100,000 each accident $500,000 Disease -policy limit $100,000 Disease -each employee If Association or its subcontractor claims to be exempt from this requirement, Association shall provide City proof of such exemption along with a written request for City to exempt Association, written on Association or subcontractor's letterhead. 8.6 Association shall also maintain Directors and Officers insurance with limits reasonably acceptable to CITY during the term of this Agreement. 9- PARTICIPATION REPORTS All Associations are required to submit a list of registered players to the Department no later than thirty (30) calendar days after the end of the established program registration period. The list shall be provided in an electronic format (i.e. Microsoft Excel) and shall include each player's name, street address, city, zip code and email address. The Department will use the list to verify the resident status of registered players and shall not use the list to promote Department programs, without prior consent of the Association. After the City has verified residency of participants, the City will issue an invoice to the Association for non-resident fees payable to the City. NOTE: It is imperative that participation information be sent to the Department as soon as possible in order for Department to verify addresses. Association may send participant information at any time during their registration period for Department to check residency status of participants. 10 -REGISTRATION Associations are encouraged to provide registration dates to the Department in time for inclusion in the City website and promotional activity. The City provides a link to Association websites at www.cityofmiltonga.us Associations must notify City of any web address changes. I I- RETURNING PLAYER/CITY RESIDENT REGISTRATION Per the terms of the MOU between the cities of Milton and Alpharetta, the City has implemented a three -tiered registration process. Associations must adhere to this registration process as outlined in this document as long as the MOU is in effect. "Priority Registration" is the first registration period. "Priority Registration" is defined as registration for all City of Milton residents as well as City of Alpharetta residents who are eligible as "returning" participants to re -enroll into the program they participated in during the most recent season of activities provided space is available. The second registration period, "City of Alpharetta Registration," begins two weeks after Priority Registration begins. During "City of Alpharetta Registration," all City of Milton and City of Alpharetta residents are eligible to register for programs provided space is available. The third registration period, "Open Registration," begins four weeks after Priority Registration begins. During "Open Registration," anyone is eligible to register for programs provided space is available. 12- CITY RESIDENCY REQUIREMENT FOR TRAVEL/SELECT/ELITE TEAMS The mission of the Department is to provide quality programs and the promotion of healthy activities for all residents. Limited advanced level programs are permitted to provide higher level athletic competition for young people. Residency requirement guidelines ensure that travel/select/elite/feeder teams are formed in the best interest of the City resident participants. These guidelines also ensure that City residents are fairly represented on these teams, City assets and resources are utilized in the best interest of City resident participants, and to foster long-term success of the Association's competitive youth athletic program. GUIDELINES: A. Open, advertised tryouts must be held prior to team formation. Players are not guaranteed positions on any teams prior to the first tryout date. B. Per the terms of the MOU, effective December 1, 2012, City of Alpharetta residents who participate in Milton recreation programs shall be considered residents of Milton for the purpose of travel/select/elite/feeder teams with residency requirements. C. Each travel/select/elite/feeder team must have a minimum of 50% Residents. Each team roster must be verified by Department staff before a team can officially form. Teams that do not meet the minimum requirement will not be permitted to use City facilities for practices and games. Any team that meets the required Resident percentages as noted above when the team is formed, but drops below the minimum percentage during the season due to no fault of their own (i.e. a Resident quits the team, gets injured, relocates, etc.) shall be allowed to exist and continue playing through Milton's program through the remainder of the season. Any abuse of these guidelines or the intent of these guidelines may result in punitive action, up to and including immediate dissolution of a team. Associations are limited to one advanced level (feeder, select, elite or travel) team per age group. Associations may also form up to two all-star teams per age group provided 100% of the members on the all-star team participated in the recreation level of the sport in the season that immediately preceded the creation of the All-Star team. 13- FACILITY USE - RESTRICTIONS Each Association is organized to provide league play for youth, including player evaluations, pre -season player and coach clinics, league practices, scrimmages, games, and post -season tournaments. All field use shall be coordinated with the Department thirty (30) days prior the start of the season. Hosting of camps and tournaments involving participants from outside the association's own program along with participants in the Association's own program is allowed, but requires coordination with and written consent of the Department. Associations must seek approval from the City to host outside camps and tournaments at the parks at least sixty (60) days prior the proposed event. Field rental fees and staff fees may be applicable for these types of events as determined by the Director or his/her designee. The Association is specifically not permitted to sublet facilities to any individual or organization. The Association's Facility Use Agreement is for the Association's own use. The City reserves the right to restrict facility use on dates when there are special City/Department events. These dates, if applicable, will be included in the annual facility use agreement. The City will provide two storage buildings for use by the Associations. The city will designate which Associations get assigned to each building. Sharing storage space with another Association is expected. These storage buildings are not the property of the Associations. Each Association is expected to work together in their shared space, keep the facility neat and clean, and keep the facility secured. Failure to do so may result in expulsion from the storage facility. 14- CAPITAL IMPROVEMENTS Capital improvements may be suggested by the Association for budgetary consideration. Financial partnerships (50/50) between the Associations and the Department for mutually agreed upon projects are encouraged. 15- CHANGES TO PROGRAM CONTENT, STRUCTURE, PHILOSOPHY, ETC. Each Association shall communicate to the PRAB liaison(s) and Department liaison(s) any and all substantial changes in their program. For this purpose, a substantial change shall be defined as any change in the philosophy, mission, and organization of the Association which would impact the delivery of expected service to any and all program participants, current and future. This includes but is not limited to the following: • Addition/elimination of any age or skill level • Addition/elimination of any component of the overall program content (i.e. cheerleading, flag football, fast pitch softball, all stars, select, summer or winter league play, etc.) • Association by-laws • Board structure and composition • Schedule of fees for participants • Anything that would be in direct conflict with existing City/Department policies Association shall notify liaisons as soon as the idea for a substantial change is included on an Association meeting agenda. Upon notification by the Association, the PRAB and/or employee liaison shall communicate the information to the Department Director or his/her designee. Before any action shall be taken by the Association to implement the substantial change, the Association may be required to prepare a written proposal outlining the planned change to include justification for the change; benefits of the change to the Association, the citizens of Milton, and the City; communication plan to inform the general public; timeline for implementation; financial impact to program participants (if any); legal requirements (if any); etc. It shall be at the sole discretion of the Department Director to determine if an in-depth written proposal shall be required. This will be determined on a case-by-case basis, depending on the nature of the proposed change. Any proposed fee change must be submitted in writing to the Department a minimum of sixty (60) days prior to the planned implementation. The Department shall determine the level of approval needed for the Association to implement the substantial change. The approval levels are noted as follows: a. Association Board and members only b. Department Director or his/her designee c. Milton Recreation PRAB d. Milton Mayor and City Council 10 16- SPONSORSHIPS/ADVERTISING Associations are allowed to seek sponsors to help offset expenses associated with administering their programs and to create a revenue stream for Associations to assist the City in funding capital projects benefitting the parks and facilities they use. Associations are not permitted to obtain sponsorships, including direct financial aid and/or in-kind donations, from any religious organization, individuals, and businesses that compete with contractual obligations of the City. Sponsors must be in good taste and appropriate for City park environment (i.e. alcohol and/or tobacco -related products/businesses are not allowed to advertise in City parks). Details of how sponsorship opportunities may be implemented will be handled as an addendum to this agreement when those details are worked out. REQUIREMENTS OF ASSOCIATIONS 2- FACILITY USE AGREEMENT Any Association operating on City property must sign the City's Facility Use Agreement, attached hereto, prior to the start of the calendar year. The agreement is issued on an annual basis, and specifically identifies the facilities to be used by the Association and the terms of that use. Adherence to all policies and procedures in this manual is considered part of the Facility Use Agreement. The City retains the right to change these guidelines and policies at any time, without advance notice, as it deems appropriate. Any changes will be communicated to the Association within five (5) business days after the change has been made and approved. With respect to renewal of this agreement, any Association currently holding a Facility Use Agreement will receive priority, unless the City has reason to revoke the agreement. Facilities not in use will be distributed on a first come first served basis. 2- COACH CERTIFICATION AND TRAINING Association must require that a minimum of one (1) coach per team is to attend a coaching clinic and maintain a coaching certification in good standing. The following are approved coaching certification clinics: NYSCA, Simply the Best, A.C.E., A.C.E.P., Doyle, GHSA, GYSA, US Youth Soccer, Higher Ground, US Lacrosse Association, National Cheerleading Association. The Association may submit a written request to the City for the approval of other certifications. Records of certifications are to be sent to the Department. In addition, it is the responsibility of the Association to ensure that all of their coaches, volunteer and professional, head coaches and assistants complete all legally mandated training programs before being permitted to coach a team. Association must provide documentation of such training to the City as required by the current City Policy. • Concussion Awareness Training • Mandatory Child Abuse Reporting Requirement • Weather Policies and Procedures • Heat and Hydration Guidelines • Cold Weather Policy 3- SELECTION OF COACHES Associations are responsible to select qualified coaches for their program. Each Association shall establish their own criteria to determine qualifications of coaches, such as coaching experience, past playing experience, etc. 4- FEES AND CHARGES Note: Each Association will adhere to fee policies set by the City, including fees that may not yet be currently established. 12 Registration Fees All registration fees shall be fair and equitable to all participants. Associations shall communicate to participants what the registration fee covers, including the anticipated number of practices and games per season. Registration fees shall be derived from predicted costs to operate the program, to fund Association operations, to fund City commissions and to fund park capital improvements (current and future) that mutually benefit the City and Association. Registration fees shall include the total cost of operating the association's program to include but not limited to; cost of uniforms, player awards, umpires/officials, equipment for the league/teams, first aid supplies, marketing, web administration, general maintenance of facilities, etc. Non -Resident Fees All program participants who reside outside the city limits of Milton and Alpharetta will be assessed a non-resident fee. Association shall pay the City non-resident fees for each Association non-resident participant in their program. This fee shall be paid for each athletic season held each year (fall, winter, spring, and/or summer), and must be paid to the City no later than thirty (30) days after the invoice is sent. Association non-resident fees shall be calculated at 50% more than the resident registration fee. The Association will be responsible for the determination of city residence during the registration period. Within two weeks after receiving the Association's participation list with addresses, the Department will verify player residency and submit an invoice to the Association. The programs commission and non-resident fee will be paid directly to the City of Milton based on the Department's verification of player residency. The Association is responsible for remitting non-resident fees for all non -City participants, regardless of whether or not it was collected by the Association. City of Milton employees and their immediate family members, regardless of where they reside, are considered Residents and may register during the Resident registration period. Non-resident fees are waived for these participants. Associations should contact the Department to verify employee status. Scholarships The Association should make available a reasonable number of scholarships for participants requiring assistance. The Association shall determine the eligibility criteria for scholarship recipients and shall determine whether or not to charge non-resident fees to scholarship recipients. Regardless, the Association is responsible to pay the City non- resident fees for non-resident scholarship recipients to the City. Admission Fees Associations are not allowed to require an admission fee to any normal association play. Admission fees may be collected for tournament play or other special events, upon approval of the Department. The Association must submit a letter of request in order to have an admission fee request approved. 13 5- PROCRAMIFACILITY SCHEDULES Associations are required to submit all master schedules to the Department prior to the beginning of use of any City facility. This includes tryout dates, practice schedules, opening ceremonies, game schedules, special events such as player clinics, all forms of advanced level teams' schedules, etc. These schedules should be submitted thirty (30) days prior to the beginning of any program. Facility use outside the scope of the Facility Use Agreement must be requested through the Department and is not guaranteed. Zn 6 SAFETY/ACCIDENT PREVENTION Associations are responsible for operating their programs in a safe and effective manner. All fields, equipment and other facilities should be inspected before each use. Associations should have an adequate nuinber of adults present at each scheduled activity to supervise the participants from the outset to the close of the program. League officials are responsible for insuring that all programs are operated under safe weather conditions. Safety plans should be implemented in case hazardous situations should occur. 7 DISCRIMINATION Associations must provide equal opportunity without regard to race, color, religion, sex, national origin, age, veteran's status, and disability. Associations must comply with the Americans With Disabilities Act (ADA) of 1990 and provide reasonable accommodations to members of the public, if so requested, unless participation would create a risk to any participant. MAINTENANCE/FACILITY UPKEEP The Department will be responsible for all field and facility preparation for all practices and games. This includes game day facility preparation, grass mowing, and lining of baseball and softball fields. Parks Services staff will prepare the grass baseball fields once per week day, three times on a Saturday and once on a Sunday. The multi -use synthetic turf fields will be prepared once per day. Preparation of any field will only be performed on days that there are previously scheduled activities, in accordance with the submitted and approved schedule. Associations are responsible to report any and all facility maintenance issues to the Department as soon as they are noticed. Associations are required to provide safe sports equipment for participants. Associations are responsible for picking up litter around facilities and placing it in proper receptacles after the conclusion of a scheduled program. This includes playing areas, walkways, restrooms, concession stands, dugouts, etc. Associations should take proper steps to ensure that scheduled activities do not infringe on park neighbors or other park users. This includes reducing excessive noise, excessive traffic, parking problems, etc. El 9 WEATHER POLICIES The Department will determine if fields are playable. Associations will be notified as early as possible if the fields are not playable. Associations are prohibited from field use if the field has been deemed "unplayable." In the event of inclement weather after the City's normal business hours, the Association is responsible for determining field playability. Associations are expected to exercise good judgment in determining if a field is playable, keeping the safety of the players foremost. For the safety of all, the City of Milton uses a lightning detection system to determine the safety of play in potentially severe weather at Bell Memorial Park. When lightning is detected, the system will turn on a strobe light and sound a single long note on the siren. This is the signal to clear all fields, the dugouts and the playground and get to safety. When the system detects that the conditions have improved to a safe level, the strobe light will be turned off and there will be three short blasts from the siren. At this point, play may be resumed. Failure to adhere to this requirement could result in the termination of the Facility Use Agreement. Associations that do not have their own established Hydration and Heat Guidelines must adhere to the Hydration and Heat Related Guidelines observed by the Department. In summary, outdoor activities must be canceled if the WBGT (Wet Bulb Globe Temperature) is over 92 degrees. Associations that do not have their own established Cold Weather Policy must adhere to the Cold Weather Policy observed by the Department. The policy is as follows: If the official Milton, GA temperature according to wwu>.weather.com is forecasted to be 38 degrees or lower at the time of the scheduled practice or game, it is recommended that the scheduled event be cancelled. If the temperature reaches 32 degrees, it is mandatory the event be cancelled. Milton Parks and Recreation Department cancels and/or postpones all youth programs and activities whenever Fulton County Schools are closed for inclement weather. Associations shall follow this procedure. Associations are encouraged to inspect the restrooms and report any deficiencies to the City. The City is responsible for the supply of paper products and general maintenance that may occur. lI SECURING OF FACILITIES An Association Board member should be responsible for securing facilities after each use, including all practices and games. This includes closing and locking of all buildings, the turning off of all scoreboards, returning all scoreboard controllers to the storage room and ensuring all necessary gates are closed and secured. Association board members and coaches are asked to turn off the scoreboards immediately following the last practice or game of the night. 15 12 INCIDENTS INVOLVING VANDALISM AND ACCIDENT OR INJURY Vandalism must be reported to the Police Department immediately by calling 911. The Association must report damage to City of Milton facilities or buildings to the Department immediately. If damage is a result of the Association's negligence or failure to comply with accepted operational or security measures, the Association may be held responsible for reimbursing the City for all or part of the repair cost. Scoreboard control boxes may be used under the following guidelines: a. The Association President must acknowledge use and responsibility of all scoreboard controllers prior to the start of the season; b. Scoreboard controllers that are damaged, lost or destroyed must be immediately reported to the Department; C. A minimum of thirty (30) days should be expected for all repairs; d. The Association shall be responsible for the cost of repairs or replacement of any lost or damaged score board controllers due to negligence; e. Scoreboard controllers must be stored at the park in the storage room; f. Scoreboard controllers are mated to specific scoreboards and must remain with their respective mate; and g. The Association must turn scoreboards off each evening at the conclusion of activities and assure that scoreboards are off on fields not in use. 14 DAMAGE TO TURF GRASS If damage to the turf grass occurs because of misuse or abuse (misuse to include, but not limited to: failure to rotate goals, practice or play in inclement weather conditions) by the Association, the City will require the Association to purchase replacement sod and incur any other cost necessary to repair the damaged area and to make the playing fields safe. The Department will determine sod renovation needs. 15 METAL CLEATS The use of any form of metal cleats is strictly prohibited on the synthetic turf fields. The Association will be held accountable for the cost of repairs of any damaged artificial turf. 17 KEYS Keys will not be distributed to the Associations. The City will provide code based locks for those elements of the park that the Associations need access to. Periodically, the Department will change the combinations to buildings, gates, and electrical boxes. The Department will notify affected Association of any changes, and will supply new combinations as needed. 18 PUBLICITY Associations should regularly provide the Department with information on activities which the Association wishes for the City to promote. The Department will review information and notify Association within five (5) business days if any changes need to 16 be made in order to comply with established guidelines. The use of social media which the City can share on social media is strongly encouraged. The Department must approve any promotional material, flyers, and posters advertising the programs prior to its release. The following content and topics shall specifically be prohibited. sexually explicit materials, profanity, child pornography, alcoholic beverages, tobacco products, adult movies, adult book/video stores, adult entertainment establishments, massage parlors, pawn shops, and tattoo parlors or shops. The Department will provide links to Association websites on the City's website. The City will help with the marketing of registration information. City may send news releases to local media outlets; include information in the e -newsletter and Facebook page, etc. The City will not pay for Association advertising, flyers, mailings, etc. The links and all promotional media provided to the City, by the Association, must be to promote only those programs for which the City is a partner. If an Association is running any activities that are not formally sanctioned by the City, those activities cannot be on the website that the City's promotional activity will point to. 19 PUBLIC USE OF FIELDS The Facility Use Agreement applies only to organized league play for the duration of the agreement as specified on the agreement. Unless otherwise scheduled, the facilities are available to the public on a first come first serve basis, or may be rented by the Department to outside groups in accordance with the established City policies. The City will not rent facilities to teams and programs that compete with the City's partner Associations. 20 ACCIDENT/INCIDENT REPORTS (attached) The Association is responsible for filing an accident/incident report to the City which documents the details of any accident, injury, or incident which occurs on City property. The report -should detail what occurred, the time of the accident/incident, where it occurred, who was involved, and who witnessed the accident/incident and filed the report. A copy of the accident/incident report is included in this manual. The report shall be submitted to the Department within twenty-four (24) hours of the accident/incident. Any and all accidents/incidents must be reported. 21 PARTICIPANT EVALUATIONS All participants in Association programs must be given an opportunity to complete a participant evaluation at the conclusion of each athletic season in which he/she participated. The evaluation should include questions pertaining to the administration and organization of the program (i.e. ease of registration, quality of the coaches, program structure, program content, etc.), and the condition and appearance of the Department facilities. The Association should ask participants for comments and suggestions to improve the program. A summary of participant evaluations should be prepared and distributed to the Department within two months at the end of each season. Upon 17 request, the Association must make completed participant evaluations available to the Department. City reserves the right to conduct independent participant surveys. 22 BACKGROUND CHECK - VOLUNTEERS All Association board members and any individual who wants to coach a youth team shall go through a criminal history background check once per calendar year. All background checks must be performed in accordance with the established City policy. 23 BACKGROUND CHECK — OFFICIALS AND UMPIRES Each Association who has a contractual agreement with an outside vendor to provide officiating services for the Association shall require, as part of the written agreement, that all officials/umpires 18 years of age and older who will be scheduled to officiate at Association activities complete a criminal history background check prior to officiating any games for the Association. The background check should be performed once per calendar year. The Association shall require appropriate documentation of completion of background checks. Documentation must be maintained on file by the Association. 24 CHILD ABUSE REPORTING LAW Volunteers who work with children are required by law to report suspected child abuse. The mandatory reporting requirement is a provision in HB 1176, the criminal justice reform bill signed by Governor Nathan Deal on May 2, 2012. Specifically, HB 1176 changed the defmition of "child service organization personnel" to include volunteers. The new law defines "child service organization personnel" as follows: "Child service organization personnel" means persons employed by or volunteering at a business or an organization, whether public, private, for profit, not for profit, or voluntary, that provides care, treatment, education, training, supervision, coaching, counseling, recreational programs, or shelter to children." In accordance with the established City policies, each volunteer is required to participate in training on compliance with this law. The training is only required one time per volunteer, but a copy of the completed certification must be provided to the City. 25 CONCUSSION AWARENESS POLICIES AND PROCEDURES O.C.G.A. § 20-2-324.1 requires agencies to educate youth athletes and their parents on the dangers of concussions in youth athletic activities. The Georgia Department of Public Health is referring everyone to the "Heads Up — Concussion in Youth Sports" program offered by the CDC. The following is a link to the program: httn://u�clm,.cdc.aov/concussion/HeadsU-o/online trainina.htmt. It is the policy of the Department to educate coaches, referees, employees, instructors of at -risk activities, trainers, parents, and participants of the signs, symptoms and behaviors consistent with sports- and activity -induced concussions. Further, the Department requires that any participant, under the age of 18, suspected of a concussion or head 18 injury must be removed from the activity and it is recommended that the participant be examined by a licensed health care provider. If a participant is deemed by a licensed health care provider to have sustained a concussion, Department personnel or other designated personnel (coaches, referees, instructors of at -risk activities, trainers, and parents) shall not permit the participant to return to play until he or she receives documented clearance from a licensed health care provider for a full or graduated return to play. In accordance with the established City policies, each volunteer is required to participate in training on compliance with this law. The training is only required one time per volunteer, but a copy of the completed certification must be provided to the City. z CITY AND PARK ORDINANCES Associations are responsible for adherence to all City and park ordinances. Sec. 34-22. - Prohibited acts. (a) Alcoholic beverages. Unless a public facilities permit has been obtained under Chapter 4 of this Code, it shall be unlawful for any person to possess and consume any alcoholic beverage, or be under the influence of alcoholic, malt and vinous beverage, within any public park and within any building or facility under the supervision of the city recreation and parks department. (b) Firearms. It shall be unlawful for any person to discharge any firearm within the city parks in accordance with the authority vested in the city by the general assembly in accordance with O.C.G.A. § 16-11-173. Signs shall be posted at city parks stating the following: "In accordance with O.C.G.A. § 16-11-173 and the City Code of Milton, the discharge of firearms in city parks is prohibited." (c) Fireworks. It shall be unlawful for any person to possess or use fireworks, as defined in O.C.G.A. 25-10-1(a)(1), in any of the city parks, unless written permission for such has been authorized by the mayor and city council. (d) Injuring public property. It shall be unlawful for any person to cut, break, mutilate, deface, or in any other manner destroy or injure any public property, real or personal, belonging to, owned by, or leased or used by the city. (e) Killing wildlife. It shall be unlawful for any person -to hunt, trap, shoot, maim or kill any animal or wildlife, or attempt to do any of the acts mentioned in this subsection to any animal or wildlife within any of the city parks without the city manager's written permission. (f) Motor vehicles. It shall be unlawful for any person to drive, operate and park any motor vehicle, mini -bike, or motorcycle within any city park, except in areas designated for such use. This section does not apply to city employees or agents when municipal duties require them to drive over said park or to park their vehicles or equipment at such locations in order to perform city business. (g) Noises. It shall be unlawful for any person to make any unnecessary, loud noises, engage in noisy disputes or conversation, engage in any indecent or loud acts of behavior, or in any other manner disturb the public peace, quiet, and order in any of the city parks, according to the city's noise regulations. (h) Park hours. All city parks that have lighted athletic fields shall be closed between the hours of 10:30 p.m. and 6:00 a.m. All other parks shall be closed from dusk until dawn. No person shall be authorized to be on the premises or property of any city park when they are closed, except authorized city employees or persons engaged in activities authorized by the recreation and parks director, or the city manager. 20 (i) Pets. All pets must be on a leash and the owner is responsible for the disposal of pet waste. All pets are prohibited on athletic fields, unless written permission for such has been authorized by the city manager or the recreation and parks director. (j) Permit required. It shall be unlawful for any person to engage in any activity in the city parks which requires a permit or ticket without first obtaining such permit or ticket. (k) Polluting water in parks. It shall be unlawful for any person to pollute or disturb any spring, branch, pond, fountain, or other water owned by or leased to the city. (1) Posting signs. It shall be unlawful for any person to affix any bill, sign, or notice on any tree, building, or fixture in any of the parks. It shall be unlawful for any person to place any paper, books, refuse, or trash of any kind in any of the public parks, except in containers provided for such. (m) Skateboards. It shall be unlawful for any person to operate a skateboard on any street, lane, way, road, and/or any parking lot in any park in the city unless otherwise designated by signage or published rules. (n) Smoking. It shall be unlawful for anyone to smoke in the park. (o) Speed limit. It shall be unlawful for any person to operate a motorized vehicle upon any road within a park in the city at a greater speed than 15 miles per hour. (p) Swimming in lakes. It shall be unlawful for any person to swim in or enter any lake at any park in the city for the purpose of swimming or wading unless a permit for such has been issued by the city recreation and parks department or an authorized representative, or such person are conducting recreation department business. (q) Urban camping. It shall be unlawful to reside or to store personal property in any park owned by the city. Furthermore, it shall be unlawful to use any public place, including city parks, for permanent living accommodations purposes or camping, except in areas specifically designated for such use or specifically authorized by permit. (Ord. No. 07-01-03, § l(ch. 8, art. 1, § 4), 1-18-2007; Ord. No. 07-08-42, § l(ch. 8, art. 1, § 4), 8-23-2007; Ord. No. 14-10-225, §§ 1, 2, 10-20-2014) 21 PARD/FACILITY REGULATIONS 1. Associations conducting youth activities on City facilities must have an appropriate amount of adults supervising the activities conducted by the Association from the outset to the conclusion of the activity. 2. Spectators, Parents, Coaches, or Officials of an organization must display appropriate conduct while operating activities on City facilities. Continuous failure to do so could result in the termination of this agreement. All Associations are encouraged to enact and enforce a policy of ZERO tolerance for abusive behavior while at an Association event. 3 . The park belongs to all of the residents of Milton. The Associations are asked to enact and encourage a policy of "Leave It Cleaner Than When You Arrived" with regard to all elements of the park. The Association is responsible for cleaning the area around athletic fields, dugouts and walkways. This must be completed upon the conclusion of each activity. 4. Association representatives are responsible to report any and all suspicious activity occurring on City property to the Department and/or to the City's Department of Public Safety. 5. The Department reserves the right to cancel any scheduled activities when it is believed that such use as during bad weather would damage facilities or put participants at risk. 6. Bicycles, roller blades, skateboards, etc. are prohibited on walkways and other designated areas. 7. No game shall begin after 9:00 pin, and every effort should be made to conclude by 10:00 pm. The park lights will go off at 10:30 pm 8. Parks may not be used for golf practice. 9. Other than service animals, it is against park regulations for any individual who possesses or is in charge of a domestic animal, restrained or unrestrained, to bring the animal onto any athletic field. It is the owner's responsibility to remove any animal excrement deposited by their animal on park property and dispose of it in a sanitary manner. FOR THE SAFETY OF ALL, PET OWNERS ARE REQUIRED BY LAW TO OBEY FULTON COUNTY LEASH LAWS WHILE VISITING CITY OF MILTON PARK FACILITIES. 10. Questions, recommendations, complaints, etc. regarding park facilities and operations should be directed to the Department — 678-242-2489 or jim.creg<�e(a>,cityofmilionga.us 22 DEPARTMENT PERSONNEL, AND CONTACT INFORMATION Director Jim Cregge, CPRP, CYSA 678-242-2489 -ink i.creggeLwcityofinihongya.us Program Manager Tom McKlveen 678-242-2519 tom.mcklveen@citvofmiltonga.us 23 City of Milton Accident / Incident Deport Form Date of accident/incident Time of accident/incident Facility where accident/incident occurred Specific location of accident/incident within the facility Number of persons involved Police notified _Y _N EMS notified _ Information on persons involved in the accident/incident: Y _N NAME (please print) PHONE Under the age of 18 Day: Evening: Evening: Day: Day: Evening: Evening: Day: Day: Evening: Evening: Day: Information on witnesses to the accident/incident NAME (print) SIGNATURE PHONE Day: Evening: Day: Evening: Day: Evening: Day: Evening: ACCIDENT/INCIDENT SUMMARY: If applicable, who offered treatment options Did the injured party waive treatment Y _ N **Photos of accident/incident site taken Y N Person completing form (Print name) Person completing form Day phone Signature Date Evening phone ** Talw photographs of the accident/incident site as soon as practical but within 24 hours of the accident/incident Fax or email completed form to Department Director at 678-242-2499 or iim.cres!ge(a-),cityofmiltonga.us 24 FACILITY USE AGREEMENT This agreement, made this day of , 20 , by the City of Milton ("City") and NFL YOUTH FOOTBALL LEAGUE a Georgia non-profit corporation called the "Association." Witnesseth : In consideration of the mutual agreements contained in this document, the City and Association agree as follows: The Association agrees to provide a youth sports program (organized league play), to wit YOUTH FOOTBALL LEAGUES/CAMPS as a service for the City in accordance with all policies and procedures for youth sports associations operating on City property including the Youth Athletic Association Facility Organizational Requirements Manual to which this Agreement is attached. 2. The term of this agreement will begin JANUARY 1, 2016 and continue through DECEMBER 31, 2016. A new agreement must be signed for each calendar year. 3. The City agrees to authorize the Association to use fields and facilities as listed below at Northwestern Middle School and Birmingham Falls Elementary School. The agreement includes use of all support structures (dugouts, lights, concession stands, storage facilities, bleachers, batting cages, fencing, etc.) for approved league play unless otherwise specified. WEEKDAYS: FROM AM/FM TO AM/PM SATURDAYS: FROM AM/PM TO AM/PM SUNDAYS: FROM AM/PM TO AM/PM DATES: 4. In consideration for the usage of the facilities, the Association agrees to a direct payment to the City of 30% commission on all registration fees and 100% of all applicable non- resident fees. 5. In addition, the Association voluntarily agrees to pay the following fees affiliated with their program: 6. The Association agrees the facilities will be used in a safe manner, and in compliance with all applicable federal and state laws and City ordinances, rules and regulations. 7. Association shall not cause or permit damage or injury to the facilities. No alteration, addition, or improvement to the facilities shall be made by the Association without prior written consent from the City. Such alterations, additions, or improvements shall become and remain City property. 25 Failure of the City to insist upon strict performance of any term or condition of this agreement shall not be a waiver of any right or remedy the City may have, and shall not be a waiver of any subsequent breach of terms or conditions. 9. The City may enter the facilities at any time during the period of this agreement for inspection or supervision as deemed necessary. 10. It is agreed and understood that the Association shall indemnify and hold harmless the City, its elected and appointed officers, agents, servants and employees, from and against any and all claims, demands, or causes of action of whatsoever kind of nature, and the resulting losses, costs, expenses, reasonable attorneys' fees, including paralegal fees, liabilities, damages, orders, judgments, or decrees, sustained by the City or any third party arising out of, or by reason of, or resulting from the willful or negligent acts, errors, or omissions of the Association or its agents, officers, volunteers or employees. The Parties understand and agree that the covenants and representations relating to this indemnification provision shall survive the term of this Agreement and continue in full force and effect as to the Association's responsibility to indemnify. The Association shall maintain at all times during the term of this agreement insurance coverages as set forth in the Youth Athletic Association Organizational Requirements Manual. 11. This agreement may be modified only by a written agreement between the City and the Association. 12. It is the understanding of the City and the Association that nothing contained in this agreement shall be interpreted to assign to the Association any status under this agreement other than that of an independent Association. This Agreement does not create an employee/employer relationship between the Parties. It is the intent of the Parties that the Association is an independent contractor under this Agreement and not a City employee for all purposes, including but not limited to, the application of the Fair Labor Standards Act minimum wage and overtime payments, Federal Insurance Contribution Act, the Social Security Act, the Federal Unemployment Tax Act, the provisions of the Internal Revenue Code, The State Workers Compensation Act, and the State unemployment insurance law. The Association agrees that it is a separate and independent enterprise from the City, that it had full opportunity to find other business, that it has made its own investment in its business, and that it will utilize a high level of skill necessary to perform the work required hereunder. This Agreement shall not be construed as creating any joint employment relationship between the Association and the City and the City will not be liable for any obligation incurred by Association, including but not limited to unpaid minimum wages or overtime premiums. 13. Nothing within this agreement shall be construed as a waiver of governmental immunity, official immunity, or sovereign immunity by the City, its officers or employees. 26 14. For the purpose of this agreement, any notices required to be sent to the parties shall be mailed to the following respective addresses: ASSOCIATION NAME: ADDRESS: CITY/STATE/ZIP: PHONE: WEBSITE: EMAIL: CITY: City of Milton Parks and Recreation Department Attn: Director of Parks and Recreation 13000 Deerfield Parkway, Suite 107F Milton, GA 30004 678-242-2489 vim,. citvofmiltonga. us im.cregge(i.Deityofmiltonga.us 15. It is agreed between the City and the Association that this agreement may be executed in counterparts, each of which shall constitute an original. 16. The City has designated the Director of Parks & Recreation or his/her designee for the City as its contact person, coordinator, and liaison person with the Association in the execution of the terms of this agreement. 17. The Association shall not have the right to assign the interest it holds in this agreement. 18. The facilities shall not be used for any purpose other than those designated within this agreement, without the written consent of the City. 19. The Association may not deny participation in any park or program based on race, color, national origin, religion, sex, gender, sexual orientation, marital status, physical or mental disability, political affiliation, age, or any other factor which cannot be lawfully or appropriately used as a basis for such denial. 20. The Association agrees to adhere to all relevant City policies and procedures (including, but not limited to the City's Youth Athletic Association Organizational Requirements Manual) in effect as of the date of this Agreement (which policies and procedures the Association has received and reviewed) or as may be duly adopted by the City during the term of this Agreement. 27 21. The Association will adhere to fee policies set by the City, including fees that may not yet be currently established. 22. This Agreement shall not be assigned or subcontracted in whole or in part without the prior written consent of the City. This Agreement shall be construed under and governed by the laws of the State of Georgia. This Agreement is the complete understanding of the parties in respect of the subject matter of this Agreement and supersedes all prior agreements relating to the same subject matter. The parties may modify this Agreement only by written instrument signed by each of the parties hereto. Failure by either party to enforce a provision of this Agreement shall not constitute a waiver of that or any other provision of the Agreement. The invalidity or unenforceability of any provision of this Agreement shall not affect the validity or enforceability of any other provision of this Agreement. In the event of any conflict among the terms and conditions contained in this Agreement and/or the City's Youth Athletic Association Organizational Requirements Manual, that term or condition shall govern that the City determines, in its sole discretion, to be most beneficial to the City. 23. The Association acknowledges and agrees that by virtue of the fact that the fields and other facilities made available to the Association under this Facility Use Agreement were funded by the taxpayers of the City and are leased or owned by the City, and further due to the fact that the recreation fees generated from the availability of such fields, the Association is subject to the Open Records and Open Meeting laws of the state of Georgia. The Association agrees to comply with those laws. To the extent that the Association is uncertain or needs assistance as to proper compliance with such laws, the City may provide assistance and guidance, but not legal advice, regarding same. The Association further agrees that all books and records of the Association shall be made available to the City of Milton as and when requested for review or audit. 24. City shall have the right to terminate this Agreement upon failure of Association to perform its obligations to the reasonable satisfaction of City. Prior to exercising this right of termination, City shall provide Association with a written notice specifying Association's failure to perform, and providing Association with a reasonable opportunity, not to exceed 30 days except as may be agreed to in writing by the City, to cure its deficiency. In the event that Association fails to cure the deficiency, or in the event of any subsequent failure to perform, City shall have the right to immediately terminate the Agreement by providing written notice of termination to Association. Association shall have the right to terminate this Agreement upon failure of City to perform its obligations to the reasonable satisfaction of Association. Prior to exercising this right of termination, Association shall provide City with a written notice specifying City's failure to perform, and providing City with a reasonable opportunity, not to exceed 30 days except as may be agreed to in writing by the Association, to cure its deficiency. In the event that City fails to cure its deficiency, or in the event of any subsequent failure to perform, Association shall have the right to immediately terminate the Agreement by providing written notice of termination to City. 28 Either party may terminate this Agreement at any time for convenience upon thirty (30) days written notice to the other party. I hereby acknowledge and understand that the Association, which I am authorized to represent, will abide by and comply with the terms and conditions set forth in this Facility Use Agreement as well as all of the applicable policies, procedures, guidelines, and rules of the City, including those contained within the City's Youth Athletic Association Organizational Requirements Manual to which this agreement is attached. I understand that failure of the Association or any of its members to comply with any applicable requirement may result in termination of this Agreement with the City. ASSOCIATION;, By:< - President Name - (Typed or Printed) Date [AFFIX CORPORATE SEAL] CITY: By: Joe Lockwood Mayor, City of Milton Attest:. Name: Date 29 ADDENDUM TO FACILITY USE AGREEMENT WHEREAS, the City of Milton, Georgia (the "City") and NFL Youth Football League, Inc. ("NFL YFL") desire to modify that Facility Use Agreement (the "Agreement") dated the day of , 2016, to which this Addendum is attached. NOW THEREFORE, the parties hereto agree to amend the Agreement, including modifications to the Youth Athletic Association Organization Requirements Manual (the "Manual"), as follows: 1. Manual Legal and Organizational Requirements Item 4: This provision is applicable only to the Advisory Board of the NFL YFL that administers the tackle and flag football programs. The parties recognize that other entities under the NFL YFL umbrella conduct activities that are not sanctioned by the City of Milton and therefore not bound by this requirement. Also, the sentence "A Department employee and a member of Milton Parks and Recreation Advisory Board ("PRAB") must be notified of and invited to attend all Board meetings." Is amended to read "A member of the Milton Parks and Recreation Advisory Board ("PRAB") will be offered an invitation to attend the association's meetings as a guest, not as a member of the board." Manual Association Requirement Item 2: USA Football is added to the list of approved coaching certification clinics. Manual Association Requirement Item 4: The fees for uniforms are not considered part of the registration fee. Manual Association Requirement Item 4 (Scholarships): The following statement is added: Scholarships offered to residents of the City of Milton and the City of Alpharetta will result in no payment of commission on the registration to the City of Milton. Scholarships offered to participants who are not residents of the City of Milton or the City of Alpharetta will result in no payment of commission on the registration to the City of Milton, however, the out of City payment that would have been collected on a full registration is due to the City of Milton. Manual Association Requirement Item 9: The weather policy is amended to permit play to continue up to the point that the temperature drops to 20 degrees Fahrenheit. Should the temperature drop below 20 degrees Fahrenheit, the activity will be immediately stopped without regard to the status of the activity. Manual Association Requirement Item 10: The NFL-YFL program is permitted to go straight to an open registration period due to the short timeframe available to run registration. Agreement Item 3: The NFL YFL program will have use of the designated field for scheduled activities on Mondays through Fridays from 5:00 PM to 10:00 PM, Saturdays from 9:00 AM to 10:00 PM and Sundays from 1:00 PM to 8:00 PM during the calendar period that Football is authorized on the designated field. Unscheduled time reverts immediately back to the City of Milton for any usage designated by the City. 21 2. It is agreed by the parties hereto that all of the other terms and conditions of the Agreement, including all un -amended portions, shall remain in full force and effect other than as modified herein. Upon execution by all parties, this Addendum shall be attached to and form a part of said Agreement. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed by their duly authorized officers as of the day and year set forth next to each signature. NFL YOUTH FOOTBALL LEAGUE, INC.: By: Tim Lester, President —0 [AFFIX CORPORATE SEAL] SIGNED, SEALED, AND DELIVERED in the presence of: Witnesff at"dry Public [NOTARY SEAL] My Com,gm 61t. Aires: OtA Mo •• •`• 01;x•. Tom: _ G OI?rI -n. u - �lI-jr� •'•�CITY OF MILTON: By: Joe Lockwood Its: Mayor [CITY SEAL] HOME OF'iHE BEST QUALITY Of LIfOE IN GEORGIA' 1111116 NI MILT ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: July 26, 2016 FROM: Steven Krokoff, City Manager AGENDA ITEM: Consideration of RZ16-03 - Donegal Lane (Northern End) by 1699 Land Co., LLC to Rezone from AG -1 (Agricultural) to R -3A (Residential) to Develop 26 Single Family Homes on 17.25 Acres of an Overall Density of 1.5 Units per acre and a Concurrent Variance to Reduce Setback for a New Street from 50 Feet to 0 Feet (Section 64-2397). MEETING DATE: Monday, August 1, 2016 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (41APPROVED ()NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: OYES (q-�O CITY ATTORNEY REVIEW REQUIRED: () YES (XO APPROVAL BY CITY ATTORNEY: () APPROVED () NOT APPROVED PLACED ON AGENDA FOR: 0/i/tv 7/28 l>m REMARKS: ©*Your PHONE: 678.242.25001 FAX: 678.242.2499 IMoOeOyofmnrungn.us I w .alfyofnitlonga.us w Comm kilt Yim 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on August 15, 2016 *Concurrent Variance was added after the scheduled June 22, 2016 PC meeting. 7/28/2016 Page 1 of 22 RZ16-03/VC16-03 PETITION NO. RZ16-03/VC16-03* PROPERTY INFORMATION ADDRESS Donegal Lane (Northern Most) DISTRICT, LAND LOT 2/2 1036, 1037 OVERLAY DISTRICT Rural Milton Overlay District EXISTING ZONING AG-1 (Agricultural) PROPOSED ZONING R-3A (Residential) ACRES 17.25 EXISTING USE Undeveloped PROPOSED USE 26 single family residential lots PETITIONER 1699 Land Co., LLC ADDRESS 1424 North Brown Road, Suite 100 Lawrenceville, GA 30043 REPRESENTATIVE Joshua Scoggins Miles Hansford & Tallant 202 Tribble Gap Road, Suite 200 Cumming, Georgia 30040 PHONE 770-781-4100 INTENT To rezone from AG-1 (Agricultural) to R-3A (Residential) to develop 26 single family homes on 17.25 acres at an overall density of 1.5 units per acre and a concurrent variance to reduce setback for a new street from 50 feet to 0 feet (Sec. 64-2397)* Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on August 15, 2016 *Concurrent Variance was added after the scheduled June 22, 2016 PC meeting. 7/28/2016 Page 2 of 22 RZ16-03/VC16-03 PLANNING COMMISSION MEETING – JUNE 22, 2016 This meeting was cancelled due to the lack of a quorum. COMMUNITY DEVELOPMENT RECOMMENDATION – JULY 27, 2016 RZ16-03 – DENIAL VC16-03 – DENIAL PLANNING COMMISSION RECOMMENDATION – JULY 27, 2016 RZ16-03 – WITHDRAWAL – 6-0 VC16-03 – WITHDRAWAL – 6-0 Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on August 15, 2016 *Concurrent Variance was added after the scheduled June 22, 2016 PC meeting. 7/28/2016 Page 3 of 22 RZ16-03/VC16-03 LOCATION MAP Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on August 15, 2016 *Concurrent Variance was added after the scheduled June 22, 2016 PC meeting. 7/28/2016 Page 4 of 22 RZ16-03/VC16-03 CURRENT ZONING MAP Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on August 15, 2016 *Concurrent Variance was added after the scheduled June 22, 2016 PC meeting. 7/28/2016 Page 5 of 22 RZ16-03/VC16-03 CITY OF MILTON 2030 COMPREHENSIVE FUTURE LAND USE MAP Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on August 15, 2016 *Concurrent Variance was added after the scheduled June 22, 2016 PC meeting. 7/28/2016 Page 6 of 22 RZ16-03/VC16-03 SITE PLAN SUBMITTED APRIL 26, 2016 Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on August 15, 2016 *Concurrent Variance was added after the scheduled June 22, 2016 PC meeting. 7/28/2016 Page 7 of 22 RZ16-03/VC16-03 TREE SURVEY Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on August 15, 2016 *Concurrent Variance was added after the scheduled June 22, 2016 PC meeting. 7/28/2016 Page 8 of 22 RZ16-03/VC16-03 SUBJECT SITE AND BACKGROUND: The subject site contains 17.25 acres and is undeveloped and is located at the northernmost of Donegal Lane in the Vickery Crest Subdivision. Brookshade Subdivision abuts to the north and west and a large estate lot to the east. The site is located within the Agricultural, Equestrian, Estate Residential (AEE) designation of the City of Milton 2030 Comprehensive Plan Map. Staff also notes that this property is within the Rural Milton Overlay. The applicant is requesting a rezoning to R-3A (Residential) to develop 26 single family residences on at an overall density of 1.5 units per acre. Staff has also included a concurrent variance to reduce the setback for a new street from 50 feet to 0 feet for the new street on the north portion of the property that runs parallel to Brookshade Subdivision. Staff received a letter from the applicant to request a deferral of this rezoning from June 22, 2016 to July 27, 2016 which is included in this report. The Planning Commission did not vote on this request as there was not a quorum for the June 22nd meeting and therefore it was cancelled. SITE PLAN ANALYSIS Based on the applicant’s site plan submitted to the Community Development Department on April 28, 2016, Staff offers the following considerations: DEVELOPMENT STANDARDS – SEC. 64-531 - R-3A (Single Family Dwelling District) Development Standards Proposed Development No building shall exceed 40 feet in height None indicated Minimum front yard – 50 feet 50 feet Minimum side yard as follows: Adjacent to interior line: 10 feet Adjacent to street: 20 feet 10 feet 20 feet Minimum rear yard –35 feet 35 feet Minimum lot area – 18,000 sq.ft. 18,000 sq. ft. ; 27,000 sq. ft. adjacent to north property line. Minimum lot width shall be 100 ft. 100 feet Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on August 15, 2016 *Concurrent Variance was added after the scheduled June 22, 2016 PC meeting. 7/28/2016 Page 9 of 22 RZ16-03/VC16-03 Minimum lot frontage shall be 35 feet adjoining a street 35 feet Minimum heated floor area shall be as follows: For less than two-story dwelling: 1,600 sq. ft. For two-story dwelling: 1,800 sq.ft. Per the letter of intent – 2,400 sq.ft. LANDSCAPE STRIPS AND BUFFERS The proposed development shall comply with Article III, Tree Preservation and Administrative Guidelines within the Zoning Ordinance, Sec. 64-237 (g) of the Zoning Ordinance which states “Unless otherwise specified, lots developed with single-family detached dwelling units are not required to provide landscape areas or zoning buffers”. Staff notes that a 20-foot landscape strip and fencing are required around all detention ponds. The site plan does not indicate the required landscape strip and fencing. The fencing shall be a 6-foot high, five-board equestrian style fence with two inch by four inch welded wire constructed around it. OTHER SITE PLAN CONSIDERATIONS The site plan indicates a sanitary sewer easement northeast of the site originating in the Brookshade Subdivision. If this connection cannot be made, Staff notes that without the service of public sewer to the site, the requested minimum 18,000 square foot lots cannot be developed but minimum one acre lots served by individual septic systems can be devel oped. Based on the Traffic Memo submitted by the applicant, the proposed development will not require any further transportation improvements other than the newly developed streets. Staff does note that the Zoning Ordinance states the following: Sec. 64-2397. - Minimum setback for new street. Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on August 15, 2016 *Concurrent Variance was added after the scheduled June 22, 2016 PC meeting. 7/28/2016 Page 10 of 22 RZ16-03/VC16-03 New public and private streets must be located a minimum of 50 feet from any peripheral property line adjoining AG-1 and residentially zoned property unless inter-parcel access is required. This provision allows for the southernmost portion of the new street to be adjacent to AG-1 (to the east) but does not permit the new street on the north portion of the property running parallel to the Brookshade Subdivision. A concurrent variance has been included and advertised as required and is discussed later in the Staff report. ENVIRONMENTAL SITE ANALYSIS The Environmental Site Analysis (ESA) report is sufficient and sati sfies the requirement of Sec. 64-2126. The applicant has stated the following: “There is no jurisdictional Flood Plain per official FEMA maps. There are no wetlands, steams, or stream buffers contained on this site. There are no slopes exceeding 25% located on this property. There are no vegetation or historical sites located on this property. A tree survey was performed on this property and the specimen trees located on this property are shown on the site plan.” ARBORIST COMMENTS The proposed rezoning will be subject to the tree preservation ordinance including recompense and tree density requirements. There are five specimen trees shown on the plan. All five are scheduled for removal or disturbance. The site consists mostly of pine trees along the eastern and western property lines, with predominately hardwoods along the southern property line and the adjacent property to the east. The proposed development will retain little vegetation between the adjacent properties. The only areas where trees will remain are in the rear of the lots and will be subject to the homeowner’s desire to remove to create larger rear yards. CITY OF MILTON FIRE MARSHAL The roads would fall under the new 26 foot back of curb to back of curb without designated on street parking (down to 20 feet with designated on street parking spaces) and a 48’ radius on cul-de-sacs. The site plan indicates 24 foot back of Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on August 15, 2016 *Concurrent Variance was added after the scheduled June 22, 2016 PC meeting. 7/28/2016 Page 11 of 22 RZ16-03/VC16-03 curb to back of curb and therefore the proposed streets need to be increased in size to satisfy this requirement. FULTON COUNTY BOARD OF EDUCATION Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on August 15, 2016 *Concurrent Variance was added after the scheduled June 22, 2016 PC meeting. 7/28/2016 Page 12 of 22 RZ16-03/VC16-03 FINANCIAL MODELING RESULTS Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on August 15, 2016 *Concurrent Variance was added after the scheduled June 22, 2016 PC meeting. 7/28/2016 Page 13 of 22 RZ16-03/VC16-03 PUBLIC INVOLVEMENT On May 24, 2016 the applicant’s legal representative was present at the Community Zoning Information Meeting (CZIM) held at the Milton City Hall. The applicant was not in attendance. There were approximately 80 people in attendance at the meeting. They voiced their objection to the proposed development with the following comments: 1. Too many homes proposed. 2. The homes are too close to the adjacent houses at 35 rear setback. 3. How will they access sanitary sewer? 4. It is against the Future Land Use Plan for minimum one acre lots. 5. The proposed homes will bring down the value of adjacent properties. Already, a homeowner has lost a contract on their house because of the proposed development. 6. Too much traffic going through Vickery Crest. 7. Would there be an alternative construction entrance while the homes are built? 8. Frustrated that the applicant was not in attendance at the meeting. PUBLIC PARTICIPATION REPORT Staff received the report on June 13, 2016. The applicant’s Public Participation Meeting was held on June 1, 2016 at 6:30 pm at the Bethwell House located on Hopewell Road. There were 21 people in attendance. They raised the following concerns about the development; lot size, density, buffers, product type, access to public road system and existence of sewer easements. CITY OF MILTON DESIGN REVIEW BOARD COURTESY REVIEW – June 7, 2016 Comments:  Small lots next to big lots are never a good idea.  The end product should be in character with existing homes. 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. Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on August 15, 2016 *Concurrent Variance was added after the scheduled June 22, 2016 PC meeting. 7/28/2016 Page 14 of 22 RZ16-03/VC16-03 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 26 lot subdivision with minimum 18,000 square foot lots along the west property line and interior lots are inconsistent with the adjacent lots within Brookshade Subdivision to the west which are developed with minimum 27,000 square foot lots and the parcel to the east currently zoned AG-1 with a large individual lot. In addition, the most northern lots in Vickery Crest are minimum one acre, although the remainder of lots within Vickery Crest are between 15,000 and 20,000 square feet in size. Therefore, it is Staff’s opinion that the proposed development is not suitable based on adjacent and nearby properties. Existing uses and zoning of nearby property Location Parcel / Zoning Petition Zoning / Name Approved Density/Min. Heated Floor Area East 1 AG-1 (Agricultural) Single Family Residences 1 u/a East 2 RZ13-14 R-3 (Single Family Residential) Undeveloped 1.22 u/a 2,500 sq.ft. Southeast 3 RZ03-122/ RZ03-41 R-3 (Single Family Residential) Milton Place 1.64 u/a 2,750 s.f. 1.67 u/a 2,750 s.f. 1 acre lots along Hopewell Rd. Further Southeast 4 RZ95-21 R-3 (Single Family Residential) Hopewell Place S/D 2 u/a 1,800 s.f. 1 acre lots along Hopewell Rd. South 5 RZ04-144/ RZ05-135 CUP (Community Unit Plan) Vickery Crest S/D 1 u/a Min 18,000sq.ft. lots / 2,500 s.f. 1.88 u/a Min 15,000 sq.ft. lots/ 2,500 s.f. 1 acre lots along Hopewell Rd Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on August 15, 2016 *Concurrent Variance was added after the scheduled June 22, 2016 PC meeting. 7/28/2016 Page 15 of 22 RZ16-03/VC16-03 and north portion of Subdivision. Southwest 6 RZ93-035 R-4A (Residential) Providence Oaks S/D 2.14 u/a 2,500 sq.ft. 50 ft. building setback to AG-1 West 7 RZ94-102 R-3A (Residential) Brookshade S/D 1 u/a 2,500 sq.ft. 50 ft. building setback to AG-1 North 8 RZ94-127 R-2A (Residential) Brookshade S/D .98 u/a 2,500 sq.ft. 1 acre lots along Hopewell Rd. Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on August 15, 2016 *Concurrent Variance was added after the scheduled June 22, 2016 PC meeting. 7/28/2016 Page 16 of 22 RZ16-03/VC16-03 Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on August 15, 2016 *Concurrent Variance was added after the scheduled June 22, 2016 PC meeting. 7/28/2016 Page 17 of 22 RZ16-03/VC16-03 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 adversely impact existing use or usability of the adjacent properties to the east, south, and west as described above. The proposed development does not provide a transition between the existing densities to the east, south, and west. The development does provide a similar size lot along the north property line of 27,000 square foot lots adjacent to Brookshade Subdivision. 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? It is Staff’s opinion that the proposal may cause a burden on existing streets and transportation facilities in the area. 5. Whether the proposal is in conformity with the policies and intent of the land use plan? City of Milton 2030 Comprehensive Land Use Plan Map – Agricultural, Equestrian, and Estate Residential / INCONSISTENT Inconsistent with the following Plan Policies:  We support appropriate residential and non-residential infill development and redevelopment in ways that complement surrounding areas.  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. Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on August 15, 2016 *Concurrent Variance was added after the scheduled June 22, 2016 PC meeting. 7/28/2016 Page 18 of 22 RZ16-03/VC16-03 Proposed use/density: Single Family Residential at 1.5 units per acre is inconsistent with Brookshade Subdivision of 1 unit per acre and .98 unit per acre. 6. Whether there are other existing or changed conditions affecting the use and development of the property which gives supporting grounds for either approval or disapproval of the proposal? The proposed development is inconsistent with the Plan Map recommendation of Agricultural, Equestrian and Estate Residential which requires minimum one acre lots. In addition, the proposed lots along the west property line should be a minimum of 27,000 square feet in size and interior lots should be one acre in size to mirror the existing size lots to the west in the Brookshade subdivision and the large AG-1 lot to the east. Based on these facts, it is grounds to recommend DENIAL of RZ16-03. 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 be environmentally adverse to the natural resources, environment and citizens of the City. VC16-03 - To reduce setback for a new street from 50 feet to 0 feet (Sec. 64- 2397) Based on the fact that Staff is recommending denial of the requested rezoning from AG-1 to R3-A, staff recommends that the VC16-03 be DENIED. CONCLUSION The proposed 26 lot single family subdivision is inconsistent with the City of Milton’s 2030 Comprehensive Land Use Plan Map for “Agricultural, Equestrian, and Estate Residential”. Therefore, Staff recommends DENIAL of RZ16-03 to rezone from AG-1(Agricultural) to R-3A (Single Family Residential) and DENIAL of VC16-03. A set of Recommended Conditions are included if the Mayor and City Council chooses to approve this petition. Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on August 15, 2016 *Concurrent Variance was added after the scheduled June 22, 2016 PC meeting. 7/28/2016 Page 19 of 22 RZ16-03/VC16-03 REQUEST FOR WITHDRAWAL Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on August 15, 2016 *Concurrent Variance was added after the scheduled June 22, 2016 PC meeting. 7/28/2016 Page 20 of 22 RZ16-03/VC16-03 RECOMMENDED CONDITIONS If this petition is approved by the Mayor and City Council, the rezoning of property located at Donegal Lane (Northern Most), it should be approved for R-3A (Single Family Residential) CONDITIONAL subject to the owner’s agreement to the following enumerated conditions. Where these conditions conflict with the stipulations and offerings contained in the Letter of Intent, these conditions shall supersede unless specifically stipulated by the Mayor and City Council. 1) To the owner’s agreement to restrict the use of the subject property as follows: a) Single family detached dwellings and accessory uses and structures. b) No more than 26 total dwelling units at a maximum density of 1.5 units per acre, whichever is less, based on the total acreage zoned. Approved lot/unit totals are not guaranteed. The developer is responsible through site engineering (at the time of application for a Land Disturbance Permit) to demonstrate that all lots/units within the approved development meet or exceed all the development standards of the City of Milton. The total lot/unit yield of the subject site shall be determined by this final engineering. 2) To the owner’s agreement to abide by the following: a) To the site plan received by the Community Development Department on April 28, 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. Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on August 15, 2016 *Concurrent Variance was added after the scheduled June 22, 2016 PC meeting. 7/28/2016 Page 21 of 22 RZ16-03/VC16-03 3) To the owner’s agreement to the following site development considerations: a) Minimum 27,000 square foot lots along the north property line adjacent to Brookshade Subdivision. b) Minimum heated floor area per unit – 2,500 square feet. c) To reduce the setback from 50 feet to 0 feet for a new street. (VC16- 03) 4) To the owner’s agreement to abide by the following requirements, dedication, and improvements: a) Dedicate at no cost to the City of Milton prior to the approval of a right of way encroachment permit, sufficient land as necessary to provide the following: 1. Access to the site shall be subject to the approval of the City of Milton Public Works Department i. Access to the site shall meet City of Milton Code of Ordinances and AASHTO guidelines and subject to the approval of the City of Milton Public Works Department 5) To the owner’s agreement to abide by the following: a) Prior to the application for a land Disturbance Permit, the developer/engineer shall submit to the Department of Community Development a Stormwater Concept Plan. The plan shall comply with the requirements of the Stormwater Division of Chapter 20 Environment of the City of Milton Code of Ordinances. b) The stormwater management facilities shall utilize earthen embankments, where possible. Walled structures are not encouraged. If walled structures are proposed, they must meet the acceptable design standards of the City of Milton Department of Community Development and the Department of Public Works. 1. Where side slopes for stormwater management facility are steeper than 4:1 the facility shall have a six foot high, five- board equestrian style fence with two inch by four inch Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on August 15, 2016 *Concurrent Variance was added after the scheduled June 22, 2016 PC meeting. 7/28/2016 Page 22 of 22 RZ16-03/VC16-03 welded wire constructed around it, or equivalent as may be approved by the City of Milton Public Works Department. Page 1 of 6 ORDINANCE NO._______ PETITION NO. RZ16-03/VC16-03 STATE OF GEORGIA COUNTY OF FULTON AN ORDINANCE TO APPROVE A REZONING FROM AG-1 (AGRICULTURAL) TO R-3A (RESIDENTIAL) FOR A 26 LOT SINGLE FAMILY SUBDIVISION ON 17.25 ACRES LOCATED DONEGAL LANE. BE IT ORDAINED by the City Council for the City of Milton, Georgia while in regular session on August 15, 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 Donegal Lane consisting of a total of approximately 17.25 acres as described in the attached legal description , be approved for a 26 lot single family subdivision zoned R-3A with conditions, attached hereto and made a part herein; ALL THAT TRACT or parcel of land lying and being Land Lots 1036 and 1037 of the 2nd District 2nd 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 7, 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 15th Day of August, 2016. Page 2 of 6 Approved: ______________________ Joe Lockwood, Mayor Attest: ________________________________ Sudie Gordon, City Clerk (Seal) Page 3 of 6 RECOMMENDED CONDITIONS If this petition is approved by the Mayor and City Council, the rezoning of property located at Donegal Lane (Northern Most), it should be approved for R-3A (Single Family Residential) CONDITIONAL subject to the owner’s agreement to the following enumerated conditions. Where these conditions conflict with the stipulations and offerings contained in the Letter of Intent, these conditions shall supersede unless specifically stipulated by the Mayor and City Council. 1) To the owner’s agreement to restrict the use of the subject property as follows: a) Single family detached dwellings and accessory uses and structures. b) No more than 26 total dwelling units at a maximum density of 1.5 units per acre, whichever is less, based on the total acreage zoned. Approved lot/unit totals are not guaranteed. The developer is responsible through site engineering (at the time of application for a Land Disturbance Permit) to demonstrate that all lots/units within the approved development meet or exceed all the development standards of the City of Milton. The total lot/unit yield of the subject site shall be determined by this final engineering. 2) To the owner’s agreement to abide by the following: a) To the site plan received by the Community Development Department on April 28, 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 27,000 square foot lots along the north property line adjacent to Brookshade Subdivision. Page 4 of 6 b) Minimum heated floor area per unit – 2,500 square feet. c) To reduce the setback from 50 feet to 0 feet for a new street. (VC16-03) 4) To the owner’s agreement to abide by the following requirements, dedication, and improvements: a) Dedicate at no cost to the City of Milton prior to the approval of a right of way encroachment permit, sufficient land as necessary to provide the following: a. Access to the site shall be subject to the approval of the City of Milton Public Works Department i. Access to the site shall meet City of Milton Code of Ordinances and AASHTO guidelines and subject to the approval of the City of Milton Public Works Department 5) To the owner’s agreement to abide by the following: a) Prior to the application for a land Disturbance Permit, the developer/engineer shall submit to the Department of Community Development a Stormwater Concept Plan. The plan shall comply with the requirements of the Stormwater Division of Chapter 20 Environment of the City of Milton Code of Ordinances. b) The stormwater management facilities shall utilize earthen embankments, where possible. Walled structures are not encouraged. If walled structures are proposed, they must meet the acceptable design standards of the City of Milton Department of Community Development and the Department of Public Works. 1. Where side slopes for stormwater management facility are steeper than 4:1 the facility shall have a six foot high, five-board equestrian style fence with two inch by four inch welded wire constructed around it, or equivalent as may be approved by the City of Milton Public Works Department Page 5 of 6 SITE PLAN SUBMITTED APRIL 26, 2016 Page 6 of 6 cn HOME OF'THE BEST QUALITY OF LIFE IN GEORGIA' MILTON*k ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: July 26, 2016 FROM: Steven Krokoff, City Manager AGENDA ITEM: Consideration of A Resolution of the City of Milton, Georgia Extending through October 2, 2016, an Existing Moratorium Barring the Acceptance of Applications for Permits Authorizing the Use of Community Sewerage Disposal Systems. MEETING DATE: Monday, August 1, 2016 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (y APPROVED CITY ATTORNEY APPROVAL REQUIRED: PfYES CITY ATTORNEY REVIEW REQUIRED: (-f YES APPROVAL BY CITY ATTORNEY: (PROVED PLACED ON AGENDA FOR: '!N I / I (. REMARKS: NOT APPROVED NO (/ NO () NOT APPROVED © y Yooln PHONE: 678.242.25001 FAX: 678.242.2499 IM Green + •aim* =�r iMo@eilyoimiltonga.us l www•cHyofmlMongo.us Com munit 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 -=•a*�.�.o..o.=Fy '�+o Page 1 of 2 STATE OF GEORGIA RESOLUTION NO. COUNTY OF FULTON A RESOLUTION OF THE CITY OF MILTON, GEORGIA EXTENDING THROUGH OCTOBER 2, 2016, AN EXISTING MORATORIUM BARRING 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; and WHEREAS, the City rules regarding community sewerage disposal systems are holdover regulations from ordinances implemented by Fulton County; and WHEREAS, the City has not prepared regulations or ordinances regarding community sewerage that are tailored to the City or that capture the unique character of the City; and 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; and WHEREAS, while the City is undergoing this review and re-drafting process, the City believes it both appropriate and lawful for a 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 the City; and WHEREAS, on April 11, 2016, pursuant to Resolution No. 16-04-370, the City Council imposed a 30-day moratorium barring, the acceptance of applications for permits, requests, or proposals for the use or construction of community sewerage disposal systems; and WHEREAS, on May 2, 2016, following a public hearing, the City Council passed Resolution No. 16-05-372, extending, until August 2, 2016, the moratorium barring the acceptance of applications for permits, requests, or proposals for the use or construction of community sewerage disposal Page 2 of 2 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; WHEREAS, the City finds that further extending until October 2, 2016, the moratorium barring 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; NOW, THEREFORE IT IS HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF MILTON, GEORGIA THAT: 1. The City does hereby extend the existing moratorium barring the acceptance of applications for permits, requests, or proposals for the development, use or construction of community sewerage disposal systems until October 2, 2016, in order 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) October 2, 2016; (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 1st day of August, 2016. _____________________________ Joe Lockwood, Mayor Attest: ______________________________ Sudie AM Gordon, City Clerk STATE OF GEORGIA COUNTY OF FULTON RESOLUTION NO. 16-05-372 A RESOLUTION OF THE CITY OF MILTON, GEORGIA EXTENDING THROUGH AUGUST 2, 2016, AN EXISTING MORATORIUM BARRING 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 ; and WHEREAS , the City rules regarding community sewerage disposal systems are holdover regulations from ordinances implemented by Fulton County; and 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 ; and 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 ; and WHEREAS , while the City is undergoing this review and re-drafting process , the City belie ves it both appropriate and lawful for a 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; and WHEREAS, on April 11, 2016, the City adopted a 30-day moratorium barring , the acceptance of applications for permits , requests, or proposals for the use or construction of community sewerage disposal systems; and Page 1 of2 WHEREAS, the City finds extending until August 2, 2016, the moratorium barring the acceptance of applications for pennits , 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; NOW, THEREFORE IT IS HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF MILTON, GEORGIA THAT: 1. 2. 3. 4. The City does hereby extend the existing moratorium barring the acceptance of applications for permits , requests , or proposals for the development , use or construction of community sewerage disposal systems until August 2 , 2016, in order to consider the amendment of Section 50-184 of the Code of the City of Milton , Georgia. The moratorium imposed by this Resolution shall terminate on the earliest date of (1) August 2, 2016; (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. 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. 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 2nd day of May, 2016. Attest: Pa ge 2 of2 ST ATE OF GEORGIA COUNTY OF FULTON RESOLUTION NO. 16-04-370 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 s uch 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 sys tems 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 co nsider 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 Mi I ton 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 Page I of 2 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. NOW, THEREFORE IT IS HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF MILTON, GEORGIA that: 1. 2. 3. 4. 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 Cit y of Milton , Georgia. 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 ofthe Code ofthe City of Milton , Georgia. 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. 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 11th day of April , 2016. Joe Lockwood , Mayor Attest: Sudie Gordon , City Pag e 2 of 2