HomeMy WebLinkAboutAgenda Packet CC - 01/07/2019 - City Council Meeting Agenda Packet
2006 HERITAGE WALK, MILTON, GA 30004 ǀ 678.242.2500 ǀ WWW.CITYOFMILTONGA.US
Persons needing special accommodations in order to participate in any City meeting should call
678.242.2500.
Joe Lockwood, Mayor
CITY COUNCIL
Peyton Jamison
Matt Kunz
Laura Bentley
Carol Cookerly
Joe Longoria
Rick Mohrig
CITY COUNCIL CHAMBERS
City Hall
Monday, January 7, 2019 Regular Council Meeting Agenda 6:00 PM
INVOCATION – Sarah LaDart
1) CALL TO ORDER
2) ROLL CALL
3) PLEDGE OF ALLEGIANCE (Led by Mayor Joe Lockwood) ELECTION OF MAYOR PRO TEM
(Mayor Joe Lockwood)
ADMINISTER OATH OF OFFICE TO MAYOR PRO TEM
(Mayor Joe Lockwood)
MILTON CITY COUNCIL REGULAR COUNCIL MEETING JANUARY 7, 2019
Page 2 of 4
4) APPROVAL OF MEETING AGENDA (Add or remove items from the agenda)
(Agenda Item No. 19-001)
5) PUBLIC COMMENT (General)
6) CONSENT AGENDA
1. Approval of the Financial Statements and Investment Report for the
Period Ending November 2018.
(Agenda Item No. 19-002)
(Bernadette Harvill, Finance Director)
2. Approval of a Professional Services Agreement between the City of Milton
and Wolverton & Associates, Inc. for a Consultant for Concept Scoping
for Morris Road.
(Agenda Item No. 19-003) (Sara Leaders, Transportation Engineer)
3. Consideration of Change Order #2 to that certain Professional Services
Agreement between the City of Milton and Barge Design Solutions, Inc.,
formerly doing business as Barge, Waggoner, Sumner and Cannon, Inc.,
dated April 24, 2017, regarding an Update to the City Wide Parks and
Recreation Master Plan and the Master Plan for Providence Park.
(Agenda Item No. 19-004) (Jim Cregge, Parks and Recreation Director)
4. Approval of the following Subdivision Plat:
• Ebenezer United Methodist
LL 1092
2900 Arnold Mill Road
Combo
Plat 1 lots 6.61 .15 Lots / acre
• Charles Roger Brown
LL 630 & 595
14771, 14775, 14779 Wood
Road
Minor
Plat 3 lots 13.22 .22 Lots / acre
(Agenda Item No. 19-005)
(Parag Agrawal, Community Development Director)
7) REPORTS AND PRESENTATIONS
1. Introduction of the Community Emergency Response Team (CERT)
Graduates.
(Robert Edgar, Fire Chief)
MILTON CITY COUNCIL REGULAR COUNCIL MEETING JANUARY 7, 2019
Page 3 of 4
8) FIRST PRESENTATION
1. Consideration of RZ18-14/VC18-09 - 3475, 3485, 3495, 3499, & 3501
Bethany Bend by Bajun American Properties to rezone from TR and AG-1
to TR to develop 54 residential units (condominium) at a density of 6.38
units per acre and a 3 part concurrent variance to 1) delete the 75 foot
undisturbed buffer and 10 foot improvement setback and replace with a
20 foot landscape buffer or 50 foot undisturbed stream buffer adjacent to
all property lines abutting property zoned Townhouse Residential (TR) (Sec
64-1091 (b)) 2) to delete requirement for 75% per vertical wall plane of
brick or natural stone (Sec. 64-1095 (o)) and 3) to delete requirement for
25% brick, tile, and remaining materials listed (Sec 64-1095 (p)).
(Agenda Item No. 19-006)
(Parag Agrawal, Community Development Director)
9) PUBLIC HEARING (none)
10) ZONING AGENDA (none)
11) UNFINISHED BUSINESS (none)
12) NEW BUSINESS
1. Consideration of a Land Acquisition Agreement between the City of
Milton, Georgia and Residential and Commercial Equities, LLC related to
the Purchase of 21.08 acres, more or less, consisting of 6 parcels located
on the southwest corner of the intersection of Freemanville Road and
Birmingham Road with a purchase price of $1.4M from greenspace bond
funds.
(Agenda Item No. 19-007)
(Carter Lucas, Assistant City Manager)
13) MAYOR AND COUNCIL REPORTS
STAFF REPORTS
MILTON CITY COUNCIL REGULAR COUNCIL MEETING JANUARY 7, 2019
Page 4 of 4
Department Updates
1. Public Works
2. Fire
14) EXECUTIVE SESSION (if needed)
15) ADJOURNMENT
(Agenda Item No. 19-008)
rem
MItTON't
ESTABLISHED 2006
CITY COUNCIL AGENDA ITEM
TO: City Council DATE: January 2, 2019
FROM: Steven Krokoff, City Manager (/T)
AGENDA ITEM: Approval of the Financial Statements and Investment Report
for the Period Ending November 2018.
MEETING DATE: Monday, January 7, 2019 Regular City Council Meeting
BACKGROUND INFORMATION: (Attach additional pages if necessary)
See attached memorandum
APPROVAL BY CITY MANAGER: (,VA'PPROVED (J NOT APPROVED
CITY ATTORNEY APPROVAL REQUIRED: () YES (.,J"NO
CITY ATTORNEY REVIEW REQUIRED: () YES (-kNo
APPROVAL BY CITY ATTORNEY: () APPROVED
PLACED ON AGENDA FOR: o i 16-0-1-
() NOT APPROVED
2006 Heritage Walk Milton, GA P: 678,242,2500 f F. 678.242.2499 infuecifycfmiitonga.us I www.cifyofmiltanga.us
0000
To: Honorable Mayor and City Council Members
From: Bernadette Harvill, Finance Director
Date: Submitted on December 27, 2018 for the January 7, 2019 Regular
Council Meeting
Agenda Item: Financial Statements & Investment Report for Period 2 – November 2018
Overview and Financial Highlights:
General Fund
Revenue collections for the General Fund are 2.26% over what is
anticipated for the second period of the fiscal year.
Please remember as you look at the financial statements that there are
several revenue sources whose collections in the first two periods of a new
fiscal year will be accrued back to the previous fiscal year. It is a generally
accepted accounting principle to apply the revenue to the period it is
intended for.
Total expenditures to-date are $5,267,659 and are 10.26% less than
expected for this period of the fiscal year.
Capital Project Fund
Expenditures within this fund continue to occur on a project-by-project
basis. With a total project expenditure budget of $13,132,669, capital
expenditures-to-date total $478,625.
Please note that the financial statements for capital related funds now
include current encumbrances. This will provide a clear picture of future
commitments of resources prior to an actual payment being made.
1 of 13
City of Milton
STATEMENT OF REVENUES & EXPENDITURES
General Fund
For the Period Ending October 2018
Actual Budgeted Variance
over/(under)Actual Budgeted Variance
over/(under)
Property Tax 11,850,115 2,795,144 3,521,507 (726,363) 10,581,846 10,562,589 19,257
Motor Vehicle Tax 462,045 56,464 38,168 18,296 56,464 38,168 18,296
Intangible Tax 215,000 13,766 17,917 (4,151) 13,766 17,917 (4,151)
Real Estate Transfer Tax 100,000 6,710 8,333 (1,623) 6,710 8,333 (1,623)
Franchise Fees 2,039,340 49,800 - 49,800 49,800 - 49,800
Local Option Sales Tax 9,100,000 843,134 758,333 84,801 843,134 758,333 84,801
Alcohol Beverage Excise Tax 310,000 13,993 25,833 (11,840) 13,993 25,833 (11,840)
Business & Occupation Tax 810,000 2,527 - 2,527 3,404 - 3,404
Insurance Premium Tax 2,000,000 - - - - - -
Financial Institution Tax 40,000 - - - - - -
Penalties & Interest 22,000 2,615 1,775 840 4,254 2,750 1,504
Alcohol Beverage Licenses 155,000 130,025 108,500 21,525 135,950 113,150 22,800
Other Non-Business Permits/Licenses 24,900 3,301 1,949 1,351 7,734 3,899 3,835
Zoning & Land Disturbance Permits 15,350 6,126 1,279 4,847 43,017 2,557 40,460
Building Permits 335,000 18,709 26,800 (8,091) 53,843 60,300 (6,457)
Intergovernmental Revenue - - - - - - -
Other Charges for Service 505,800 48,812 27,001 21,811 77,931 84,481 (6,550)
Municipal Court Fines 350,000 28,618 29,155 (537) 71,873 58,310 13,563
Interest Earnings 76,000 27,539 6,331 21,209 52,906 12,662 40,244
Contributions & Donations - - - - - - -
Other Revenue 79,750 1,676 2,541 (865) 3,442 5,456 (2,014)
Other Financing Sources 37,000 - - - - - -
Total Revenues 28,527,300 4,048,959 4,575,422 (526,463)12,020,066 11,754,738 265,328
Actual Budgeted Variance
over/(under)Actual Budgeted Variance
over/(under)
Mayor and Council 178,229 17,667 10,216 7,451 28,154 29,042 (888)
City Clerk 231,569 12,223 17,700 (5,477) 35,768 36,952 (1,183)
City Manager 748,114 66,417 54,852 11,566 128,466 126,320 2,145
General Administration 65,899 2,390 5,351 (2,961) 5,686 11,771 (6,085)
Finance 551,705 36,455 45,559 (9,105) 74,805 108,858 (34,053)
Legal 295,000 140 - 140 20,983 24,583 (3,600)
Information Technology 970,225 77,335 75,446 1,889 160,845 169,786 (8,941)
Human Resources 332,177 22,457 22,465 (8) 44,293 47,302 (3,009)
Risk Management 272,707 - 1,083 (1,083) 131,627 157,990 (26,363)
General Government Buildings 222,928 15,688 18,570 (2,882) 32,318 37,140 (4,822)
Communications 286,891 10,269 22,603 (12,334) 25,939 47,306 (21,367)
Community Outreach & Engagement 128,746 6,728 10,186 (3,458) 17,459 20,371 (2,912)
Municipal Court 457,531 30,180 36,404 (6,224) 64,704 75,211 (10,507)
Police 5,115,625 422,459 360,932 61,528 824,929 860,996 (36,068)
Fire 7,214,381 538,235 547,663 (9,428) 1,386,104 1,547,428 (161,324)
Public Works 2,602,407 176,212 232,552 (56,340) 321,450 457,102 (135,652)
Parks & Recreation 1,411,493 57,105 103,444 (46,339) 100,816 206,510 (105,694)
Community Development 1,217,865 63,896 95,909 (32,014) 130,208 193,206 (62,998)
Economic Development 220,859 8,374 10,987 (2,613) 50,775 30,219 20,556
Debt Service 852,436 - - - 743,600 743,600 -
Operating Transfers to Other Funds 5,632,380 469,365 469,177 188 938,730 938,355 376
Operating Reserve 233,768 - - - - - -
Total expenditures 29,242,935 2,033,596 2,141,099 (107,504)5,267,659 5,870,049 (602,390)
Net Income/(Loss)(715,635)2,015,363 6,752,407
Revenues Annual Budget
Current Month Year-to-Date
Operating Expenditures Annual Budget
Current Month Year-to-Date
2 of 13
Original
Budgeted
Amounts
Current Period
Actuals
Year-to-Date
Actuals
Variance with
Final Budget -
Positive (Negative)
REVENUES
Rock for Rescues Vendor Fee -$ -$ -$ -$
Summer Event Vendor Fee - - - -
Interest Revenues - 2 3 3
Crabapple Fest Sponsor 15,000 - - (15,000)
Earth Day Sponsor - - - -
Summer Event Sponsor 2,000 - - (2,000)
Private Entity Contributions - - - -
Gas South Partnership - 173 173 173
Total revenues 17,000$ 175$ 176$ (16,824)$
EXPENDITURES
Current:
Special Events 104,348$ 12,672$ 36,045$ 68,303$
Total Expenditures 104,348$ 12,672$ 36,045$ 68,303$
OTHER FINANCING SOURCES (USES)
Transfers in from General Fund -$ -$ -$ -$
Transfers in from Hotel/Motel Tax Fund 75,000 7,474$ 7,474 (67,526)
Total other financing sources and uses 75,000$ 7,474$ 7,474$ (67,526)$
Net change in fund balances (12,348)$ (28,394)$
City of Milton
Special Events Fund
Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual
For the Period Ended November 30, 2018
3 of 13
Original
Budgeted
Amounts
Current Period
Actuals
Year-to-Date
Actuals
Variance with
Final Budget -
Positive (Negative)
REVENUES
Cash Confiscations/State Funds -$ -$ -$ -$
Cash Confiscations/Fed Funds - - 9,019 9,019
Interest Revenues/State Funds - - - -
Interest Revenues/Federal Funds - 3 6 6
Realized Gain on Investments/State Funds - - - -
Proceeds of Sale of Assets - - 3,500 3,500
Total revenues -$ 3$ 12,525$ 12,525$
EXPENDITURES
Current:
Police 83,815$ -$ 3,950$ 79,865$
Total Expenditures 83,815$ -$ 3,950$ 79,865$
OTHER FINANCING SOURCES (USES)
Transfers in from General Fund -$ -$ -$ -$
Total other financing sources and uses -$ -$ -$ -$
Net change in fund balances (83,815)$ 8,575$
City of Milton
Confiscated Assets Fund
Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual
For the Period Ended November 30, 2018
4 of 13
Original
Budgeted
Amounts
Current Period
Actuals
Year-to-Date
Actuals
Variance with
Final Budget -
Positive (Negative)
REVENUES
Wireless 911 Fees 950,000$ 34,885$ 34,885$ (915,115)$
Interest Revenue - - - -
Total revenues 950,000$ 34,885$ 34,885$ (915,115)$
EXPENDITURES
Current:
Public Safety 950,000$ -$ -$ 950,000$
Total Expenditures 950,000$ -$ -$ 950,000$
OTHER FINANCING SOURCES (USES)
Unallocated -$ -$ -$ -$
Transfers out to Capital Projects - - - -
Net change in fund balances -$ 34,885$
City of Milton
E-911 Fund
Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual
For the Period Ended November 30, 2018
5 of 13
Original
Budgeted
Amounts
Current Period
Actuals
Year-to-Date
Actuals
Variance with
Final Budget -
Positive (Negative)
REVENUES
Taxes
Hotel/Motel Taxes 75,000$ 7,474$ 7,474$ (67,526)$
Total revenues 75,000$ 7,474$ 7,474$ (67,526)$
OTHER FINANCING SOURCES (USES)
Transfers out to Special Events Fund 75,000$ 7,474$ 7,474$ (67,526)$
Total other financing sources and uses 75,000$ 7,474$ 7,474$ (67,526)$
Net change in fund balances -$ -$
City of Milton
Hotel/Motel Tax Fund
Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual
For the Period Ended November 30, 2018
6 of 13
Original
Budgeted
Amounts
Current Period
Actuals
Year-to-Date
Actuals
Year-to-Date
Actuals +
Encumbrances
Variance with
Final Budget -
Positive (Negative)
REVENUES
Charges for Service
Infrastructure Maintenance Fee 110,000$ 566$ 566$ 566$ (109,434)$
Infrastructure Maint Penalty & Interest - 332 332 332 332
Sidewalk Replacement Account - - - - -
Paving Fund - - - - -
Traffic Calming - 8,700 8,700 8,700 8,700
Tree Recompense - - - - -
Landfill Host Fees 150,000 - - - (150,000)
Interest Revenue - 53 72 72 72
Realized Gain or Loss on Investments - - - - -
Cell Tower Lease 79,404 9,883 16,501 16,501 (62,903)
Insurance Proceeds/Public Safety - 8,175 8,175 8,175 8,175
Total revenues 339,404$ 27,710$ 34,347$ 34,347$ (305,057)$
EXPENDITURES
Capital Outlay
City Council 909,494$ -$ -$ -$ 909,494$
General Admin 13,762 - - - 13,762
Finance 250,000 - - - 250,000
IT 462,824 323,469 323,469 323,471 139,352
General Govt Bldg 510,212 - 17,688 196,613 313,600
Police 250,644 - - 239,563 11,081
Fire 1,684,088 - - 52,557 1,631,531
Public Works 7,081,087 23,852 42,918 289,554 6,791,533
Parks & Recreation 1,350,420 - 60,666 169,657 1,180,763
Community Development 620,138 33,033 33,885 131,845 488,292
Total Capital Outlay 13,132,669$ 380,354$ 478,625$ 1,403,260$ 11,729,409$
Excess of revenues over expenditures (12,793,265)$ (352,644)$ (444,278)$ (1,368,913)$ (12,034,466)$
OTHER FINANCING SOURCES (USES)
Transfers in from General Fund 5,332,380$ 444,365$ 888,730$ 888,730$ (4,443,650)$
Contingencies (164,048) - - - 164,048
Total other financing sources and uses 5,168,332$ 444,365$ 888,730$ 888,730$ (4,279,602)$
Net change in fund balances (7,624,933)$ 444,452$ (480,183)$
City of Milton
Capital Project Fund
Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual
For the Period Ended November 30, 2018
7 of 13
Original
Budgeted
Amounts
Current Period
Actuals
Year-to-Date
Actuals
Year-to-Date
Actuals +
Encumbrances
Variance with
Final Budget -
Positive (Negative)
REVENUES
Real Property Tax-Current Year 1,671,839$ 413,246$ 1,588,044$ 1,588,044$ (83,795)$
Real Property Tax-Prior Year - 195 610 610 610
Public Utility Tax-Current Year - - - - -
Personal Property Tax-Current Year 28,684 13,183 26,811 26,811 (1,873)
Personal Property Tax-Prior Year - 161 188 188 188
Motor Vehicle Tax 8,903 - - - (8,903)
Penalties & Interest - Real Property - 268 485 485 485
Penalties & Interest - Personal Property - 37 45 45 45
Intergovernmental Revenues - - - - -
Interest Revenue (Regions)100,000 - - - (100,000)
Interest Revenue (SunTrust)- 42 42 42 42
Bond Proceeds - - - - -
Total revenues 1,809,426$ 427,133$ 1,616,225$ 1,616,225$ (193,201)$
EXPENDITURES
Capital Outlay
Parks & Recreation 20,334,508$ 3,701,460$ 3,701,460$ 3,732,441$ 16,602,067$
Bond Principal 810,000 - - - 810,000
Bond Interest 899,375 - 449,688 449,688 449,688
Total Capital Outlay 22,043,883$ 3,701,460$ 4,151,148$ 4,182,128$ 17,892,735$
Excess of revenues over expenditures (20,234,457)$ (3,274,327)$ (2,534,923)$ (2,565,903)$ 17,699,534$
Net change in fund balances (20,234,457)$ (2,534,923)$ (2,565,903)$
City of Milton
Greenspace Bond Fund
Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual
For the Period Ended November 30, 2018
8 of 13
Original
Budgeted
Amounts
Current Period
Actuals
Year-to-Date
Actuals
Year-to-Date
Actuals +
Encumbrances
Variance with
Final Budget -
Positive (Negative)
REVENUES
Transportation Local Option Sales Tax 6,000,000$ 566,233$ 566,233$ 566,233$ (5,433,767)
Interest Revenues - 60 109 109 109
Realized Gain or Loss (GA Fund 1)10,800 13,186 26,207 26,207 15,407
Total revenues 6,010,800$ 579,479$ 592,549$ 592,549$ (5,418,251)$
EXPENDITURES
Capital Outlay
Public Works 12,369,842$ 54,809$ 56,132$ 812,042$ 11,557,799
Total Capital Outlay 12,369,842$ 54,809$ 56,132$ 812,042$ 11,557,799$
Excess of revenues over expenditures (6,359,042)$ 524,670$ 536,417$ (219,493)$ 6,139,549$
OTHER FINANCING SOURCES (USES)
Transfers in from General Fund -$ -$ -$ -$ -$
Transfers out to General Fund - - - - -
Total other financing sources and uses -$ -$ -$ -$ -$
Net change in fund balances (6,359,042)$ 536,417$ (219,493)$
City of Milton
Transportation Local Option Sales Tax (TSPLOST) Fund
Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual
For the Period Ended November 30, 2018
9 of 13
Original
Budgeted
Amounts
Current Period
Actuals
Year-to-Date
Actuals
Year-to-Date
Actuals +
Encumbrances
Variance with
Final Budget -
Positive (Negative)
REVENUES
Intergovernmental Revenues
GDOT Crabapple Streetscape 162,350$ -$ -$ -$ (162,350)$
GDOT TAP (Big Creek Greenway)- - - - -
LMIG Funds 405,528 - - - (405,528)
GDOT HPP Funds - - - - -
GDOT-Signage/Landscaping - - - - -
Interest Revenues - 12 17 17 17
Total revenues 567,878$ 12$ 17$ 17$ (567,861)$
EXPENDITURES
Capital Outlay
Public Works 1,116,514$ -$ -$ -$ 1,116,514$
Total Capital Outlay 1,116,514$ -$ -$ -$ 1,116,514$
Excess of revenues over expenditures (548,636)$ 12$ 17$ 17$ 548,653$
OTHER FINANCING SOURCES (USES)
Transfers in from General Fund 300,000$ 25,000$ 50,000$ 50,000$ (250,000)$
Total other financing sources and uses 300,000$ 25,000$ 50,000$ 50,000$ (250,000)$
Net change in fund balances (248,636)$ 50,017$ 50,017$
City of Milton
Capital Grant Fund
Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual
For the Period Ended November 30, 2018
10 of 13
Original
Budgeted
Amounts
Current Period
Actuals
Year-to-Date
Actuals
Year-to-Date
Actuals +
Encumbrances
Variance with
Final Budget -
Positive (Negative)
REVENUES
Admin Fund 27,000$ 2,034$ 5,197$ 5,197$ (21,803)$
Law Enforcement Fund 13,000 854 2,182 2,182 (10,818)
Fire Fund 72,500 4,892 12,502 12,502 (59,998)
Road Fund 120,000 6,105 15,602 15,602 (104,398)
Park Fund 650,000 55,936 142,947 142,947 (507,053)
Interest Revenues/Admin Fund - 2 4 4 4
Interest Revenues/Law Enforcement Fund - 1 1 1 1
Interest Revenues/Fire Fund - 6 8 8 8
Interest Revenues/Road Fund - 7 10 10 10
Interest Revenues/Park Fund - 63 96 96 96
Total revenues 882,500$ 69,900$ 178,551$ 178,551$ (703,949)$
EXPENDITURES
General Government Buildings 57,967$ -$ -$ -$ 57,967$
Police - - - - -
Fire 237,926 - - - 237,926
Public Works 208,778 - - - 208,778
Parks & Recreation 2,081,985 - - - 2,081,985
Total Capital Outlay 2,586,655$ -$ -$ -$ 2,586,655$
Excess of revenues over expenditures (1,704,155)$ 69,900$ 178,551$ 178,551$ 1,882,706$
OTHER FINANCING SOURCES (USES)
Transfer Out to General Fund/Admin (27,000) - - - 27,000
Total other financing sources and uses (27,000)$ -$ -$ -$ 27,000$
Net change in fund balances (1,731,155)$ 178,551$ 178,551$
City of Milton
Capital Projects Fund - Impact Fees
Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual
For the Period Ended November 30, 2018
11 of 13
Original
Budgeted
Amounts
Current Period
Actuals
Year-to-Date
Actuals
Variance with
Final Budget -
Positive (Negative)
REVENUES
Intergovernmental Revenues -$ -$ -$ -$
Interest Revenues - - -
Contributions & Donations - - - -
Total revenues -$ -$ -$ -$
EXPENDITURES
Capital Outlay
General Government Buildings 15,000,000$ -$ -$ 15,000,000$
Fire 2,000,000 - - 2,000,000
Bond Principal - - - -
Bond Interest - - - -
Total Capital Outlay 17,000,000$ -$ -$ 17,000,000$
Excess of revenues over expenditures (17,000,000)$ -$ -$ 17,000,000$
OTHER FINANCING SOURCES (USES)
Transfers in from General Fund -$ -$ -$ -$
Transfers out to General Fund - - - -
Revenue Bond Proceeds 17,000,000 - - (17,000,000)
Total other financing sources and uses 17,000,000$ -$ -$ (17,000,000)$
Net change in fund balances -$ -$
City of Milton
Capital Projects Fund - Revenue Bond
Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual
For the Period Ended November 30, 2018
12 of 13
Amount Percent Yield
Money Market - Quantum Bank 7,199,554 27%1.61%
GA Fund 1 11,631,690 43%2.23%
GA Fund 1 (TSPLOST)8,056,067 30%2.23%
Grand Total Investment Portfolio 26,887,311 100%
Current
Month YTD
Current
Month YTD
Interest earned 27,292 52,502 13,186 26,207
Budgeted interest 6,250 12,500 900 1,800
Variance over/(under)21,042 40,002 12,286 24,407
General Fund TSPLOST Fund
City of Milton
Investment Portfolio
Month Ending November 30, 2018
13 of 13
M
MILTON't
ESTPAX B[.ISHED 2006
CITY COUNCIL AGENDA ITEM
TO: City Council DATE: January 2, 2019
FROM: Steven Krokoff, City Manager
AGENDA ITEM: Approval of a Professional Services Agreement between the
City of Milton and Wolverton & Associates, Inc. for a
Consultant for Concept Scoping for Morris Road
MEETING DATE: Monday, January 7, 2019 Regular City Council Meeting
BACKGROUND INFORMATION: (Attach additional pages if necessary)
See attached memorandum
APPROVAL BY CITY MANAGER: (VXAPPROVED (J NOT APPROVED
CITY ATTORNEY APPROVAL REQUIRED: QIJ ES () NO
CITY ATTORNEY REVIEW REQUIRED: (-KYES () NO
APPROVAL BY CITY ATTORNEY: ()1APPROVED [ J NOT APPROVED
PLACED ON AGENDA FOR: G' 1"'7174 `"I
2006 Heritage Walk Milton, GA P; 678,242,25001 R 678.242.2499 hfo@dtyofmNtonga.u5 I www.dfyofmi1tonga.u5
0000
To: Honorable Mayor and City Council Members
From: Sara Leaders, PE, Transportation Engineer
Date: Decem ber 19, 2018 for the January 7, 2019 Regular City Council
Meeting
Agenda Item: Approval of Professional Services Agreement for Morris Road
Concept Scoping
_____________________________________________________________________________________
Project Description: The TSPLOST Tier 1 project list included capacity improvements on
Morris Road in the City of Milton. The overall project description is for a proposed
widening from Webb Road to Bethany Bend tying into McGinnis Ferry Road widening at
Bethany Bend. The cross section is proposed as a 4 lane divided roadway with
landscaped median/turn lanes and multiuse trail including intersection improvements
at Webb Road. The widening portion of the project is scheduled to be one of the last
projects funded for construction under the TSPLOST program. An interim improvement
was recently constructed at the intersection of Webb Road and Morris Road.
The purpose of this concept scoping is to evaluate existing and future traffic, conduct
an environmental screening, and development a concept plan. The scoping will
provide more detailed project cost and support exploring additional funding sources.
Procurement Summary:
Purchasing method used: Professional Services
Account Number: 335-4101-541400010
Requisition Total: $29,730
Vendor DBA: Wolverton & Associates, Inc.
Financial Review: Bernadette Harvill (12/19/18)
Legal Review: Sam VanVolkenburgh, Jarrard & Davis (12/6/18)
Attachment(s): Professional Services Agreement
NOME flF'ri IF 6E5I
r r , I ;•t! 7. :,•.n'
MILTON
StunWIM
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 govemingauthority,-the Mayor and _
City Council (hereinafter referred to as the "City"), and WOLVERTON & ASSOCIATES, INC., 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
perforin 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 terns 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. Aargement, The Agreement shall consist of this Professional Services Agreement
and each of the Exhibits hereto, which are incorporated herein by reference, including:
Exhibit "A" — NIA
Exhibit
"B"
-- Consultant Proposal
Exhibit
"C"
—Scope of Work
Exhibit.
"l3"
-- Contractor Affidavit
Exhibit
"E"
—Subcontractor Affidavit
B; Project Descrilltion. The. "Project." at issue in this Agreement is generally
described as: Concept scoping for Morris Road widening and support for exploring additional.
funding sources.
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 miscellancous items and work necessary
to complete the Work. Some details necessary for.proper execution and completion o f 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 conternplatedservices or are otherwise necessary
for proper completion of: the Work.
D. Schedule Com nletion Date and Term of. A r enient. Consultant understands.
that time is. of the essence of this Agreement and warrants and represents that" it will perform the
Work-in aprompt and timely manner, Which shall not impose delays on the progress of the Work.
The'term of this Agreement (" TerrW') shall commence as of the Effective. Date; and the. Work shall
be completed within. ten (10) weeks from the Notice to Proceed, and the Agreement shall terminate,
on the earlier of (a) completion of and payment for all Work; or {b} September 30; 2019. Certain
obligations will survive termination/expiration of this Agreement.
Il. WORK CHANGES
A, CLarlge_ Qrder Defined. A "Change Order" means a written modification of the
Agreement, signed by representatives of City and Consultant with. appropriate authorization.
B. Right t_()Wgr!CbannsCity reserves the right to.order changes in the Work fo
be perfortned under this Agreement. by altering, adding to, or deducting from.. the Work. All such
changes shall. be incorporatedin written Change. Orders and executed by Consultant and City.
Such: Change Orders shall specify the changes ordered and any necessary adjustment of
compensation and completion time.. If the Parties cannot reach an agreement on. the terms for
performing. the changed work within.a reasonable time to avoid delay or other unfavorable impacts
as determined by City in its sole discretion, City shall have the right to determine: reasonable terms,
and Consultant shall proceed with the changed work.
C. Chmee_Q dt r Recluiz eme nt. Any work added to the'scope of this Agreement by
a Change Order shall be executed urider 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.
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D. 41utliority to Execute Change Order• `The City. Manager has.authorityto 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(8) 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 $50,0.00, 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.ConsuItant 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
.411 supporting documents requested by City to process the. invoice: Separate invoices may be
submitted for each phase of the Piroject. after the applicable phase has been completed and delivered,
or a single invoice may be submitted upon completion of all the Work. 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 ll above. City shall pay Consultant within thirty (30) days after approval
of the invoice by City staff.
S. Maximum Contract Price. The total amount paid under this Agreement as
compensation. for Workperformed and reimbursement for casts .ineurred..shall not, in any case,
exceed $29,730.40 (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 performed shall be based upon a
flat fee per phase, as :set forth in "Exhibit -B".
C_ Reimbursement for Costs. The Maximum. Contract Price set forth in Section
III(B) above includes all casts, direct and indirect, needed to perform the Work and complete the
Project,. and. reimbursement for costs incurred shall. be limited as.follows:
x There shall be no separate reimburs.ement.for casts.
IV. COVENANTS OF CONSULTANT
A. ENn mise_ of Consultant: Licenscs. 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 entitywith 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 tinder this.
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Agreement, Consultant shall employ only persons duly qualified in the. appropriate area. of
expertise to perform the Work described inthis. 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. (d.C.G.A, .§ 50-1.8-71, et seq.). Any additional
work or costs incurred as a result of error and/or omissionby Consultant as a result ofnot 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: i3udgeta U 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 eventit 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. Citv_sReliance 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 bocn compliance with. what is. required to, be produced under this
Agreement. City wilt not, and need not, inquire into adequacy, fitness, suitability or correctness.
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 an_Su nJssions _ �v .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 Rei2resentativo. Brad.Robirsson 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. Assi„gnment g Agreement. Consultant covenants and. agrees not to assign or
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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 obligatiori to thein.
& Res onsibiljty 0f COMWILan t and IndeinniiTcat ion of City. Consultant covenants
and agrees to take and assume responsibility for the Work rendered in connection with this
Agreement. Consultant shall bear losses and damages d.irectly.resulting.to it acid/or City on account
of the negligent performance of the Work.zendered pursuant to this Agreement. Consultant shall
indemnify and hold .harmless City and City's elected and appointed officials, officers; boards,
commissions, employees, representatives, consultants, and volunteers (individually an
"Indemnified Party" and collectively 1ndernnif ed Parties") from and against judgments, injuries,
damages, losses, costs, expenses and liability, including but not limited to attorney's fees and costs
of defense arising out of the legal liability of services. provided ("Liabilities"); to the extent caused
by a willful, negligent act. or omission to the extent arising out of the Work, performance of
contracted services,. or operations by Consultant, any :subcontractor or anyone directly or
indirectly ennployed. by Consultant or subcontractor; 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 .Inderrinified Party, by any ernployee of Consultant, its
subcontractor, anyone directly or indirectly employed by Consultant or subcontractor or anyone
for whose acts. Consultant .or subcontractor may liable, the inderrinification obligation set forth
in this provision shall not be limited. in any way by :any limitation an 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 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. iii�fe�ser�cic Eii_ C,."_n«t�; ctor. 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 perforin 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. triose ofits
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.Agreeiment 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) Rquirernents: Consultant shall have and maintaiii.-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
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.
N Commercial Automobile Liability (owned, noxi -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, includingloss of use resulting therefrom.
(c) Professional Liability of at least .$1,000,000 per claim .and aggregate
(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)
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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 Urnbrella . Li ability Coverage:: $ NIA
(�W )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.Prafessional 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:
(a) General. Li abil ity, Automobile. Liabi lityand ifa licable Umbrella.
Liability Coverage.
(i) Additional Insured Requirement. City and City's elected
and appointed officials., officers, boards, commissioners,.
employees, representatives,. consultants, servants; agents. and
volunteer's (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, Thc: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.
GO Primary Insurance Requirement. Consultant's General
Liability; Auto. Liability and Umbrella Liability insurance
7
coverage shall be primary noncontributing insurance as
E1
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. General a. n d Auto L i. a b i l i t y
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 for General and Auto
Liability. There.shall be no cress 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.
(vii) Incorporation of Indemnification Obligations. The
Commercial General. Liability policy shall include, through
endorsement. orpolicy provision, language incorporating the
indemnification obligations assumed by Consultant under the
terms of this Agreement, including but not limited to
Section [V(G) of this Agreement.
(b) Workers' Compensation Co eiage_ The.insurer'providing Workers'
Compensation Coverage will agree .to waive all rights of 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 priorwritten.notice (except due to non=payment
of premium) 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.
(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 farm 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.
(7) Subcontractors: Consultant shall either (1) ensure that its Insurance policies
(as described herein) cover all subcontractors and the Work performed by
such .subcontracto:rs 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. (b) 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) CiW as Additional Insured and Loss Pa e: City shall be named as an
additional insured on all policies required :by this Agreement, except City
need not he named as an additional insured 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
I t3
carriers from providing the coverage required in this Agreement.
I
J. Erni2loyment of Unauthorized Aliens Prohibited -- E Verify Affidavit. Pursuant
to O.C.G.A. § ] 3-10-91, City shall not enter into a contract for the physical performance of services.
unless:
(1) Consultant shall protide 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 registeredwith, are authorized .touse anduse 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) Conslittant provides evidence that it is not. required to provide aft. afEdavit
because it is.an, individual (nota company) licensed pursuant to Title 26 or
Title 43 or. by 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 .suchaffidavit. to
City or provided City with evidence that it is an individual not required. to provide such.ah. 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
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 subcontractors) in coiznection with
the covered contract,. Consultant agrees. to secure .firom such subcontractor(s) attestation of the
subcontractor's. compliance with O.C,G.A. § 13-1041 and Rule 300-10-17.02 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 shalt 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 (S) years following completion
of the contract. Further., where Consultant is required to providean affidavit pursuant to .C.G.A.
§" 13=10-91, the City. Manager or:hiAer designee shall further be authorized. to conduct periodic
inspections. to ensure that no City Consultant or Consultant's subcontractors employ unauthorized
12.
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.
100 or more employees:
X Fewer than 100 employees.
Consultant hereby agrees that, in. the event Consultant employs or contracts with any
suhcontractar(s) in connection with this Agreement and where thesubcontractor is required to
provide an affidavit pursuant to. Q:C.G.A. § 13-10-91, Consultant will secure from the.
subcontractors) such subcontractor(s) indication of the. above employee -number category that is
applicable to the subcontractor.
The above.requirements shall be in addition to the requirements of state.and federal law,
and shall be construed to be in conformity with those laws..
K: Rc ords•. Rcagorts 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 rnaihtaiined 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 ()) 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
13
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: representatives) 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 A.greenient. In such instances, City or
City's representative(s) shall. not interfere with or. disrupt such activities.
L. I?thics Code: Conflict, ,qf. interest. Consultant agrees that it shall not engage in
any activity or conduct that would result in a violation of the City of Milton Code of Ethics or any
other similar law or regulation. 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 rnayrequire 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 -
.14
consultant, or any person associated therewith, as an inducement for the award of a subcontractor
order.
M. Confidentiality. Consultant acknowledges that it may receive confidential
information of City and The Consultant agress:to keep confidential and not to disclose to any person
or entity, other than the Consultant's employees, subconsultants and the general contractor and
subcontractors, if appropriate, any data`or Information not previously known to and generated by
the Consultant or furnished to the Consultant and marked. CONFI0ENTIAL by the Client. These
provisions shall not. apply to information in whateverform that is. in the public domain, nor shall they
restrict the Consultant from giving notices required. by law: or complying with an order to provide
information or data when such an order is issued. by a court,. administrative agency or other
legitimate authority,.or if disclosure is reasonably necessary forlhe Consultant.to defend itself from
any legal action or claim..
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, Arid 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 l of Title 10,
and the Parties shall follow the requirements. of 0.C.G.A. § 50-18-72(a)(34).related thereto.
N. Key Personnel. Reserved.
G. Meetines. 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 cast 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) fall 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.problein resolution
meetings, two consecutive missed or..rescheduled meetings, or failure to. make a. good faith effort.
to resolve problems, may result in temination of this. Agreement for cause.
P. Aut_hori! _ 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 hind Consultant to the terms of this Agreement; if applicable.
Q. Owngrshio 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
C'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.. The. City shall not reuse (on a
different project) or make any modification to the Materials without the prior written authorization.
of the Consultant. Consultant specifically agrees that. the data: collected under this. Agreement may
be used as background information. providedfor all proposers `to. review as part of a potential
15
competitive procurement for work on the Morris Road widening. Any subsequent reuse or
modification of the Materials by the. City or any party obtaining them through the City will be at
City's sole .risk. The City agrees to be liable for all damages that may accrue to Consultant;
including incidental and consequential damages (such as reasonable attorneys' fees and defense
costs), arising from breach of this paragraph by the City that results in the unauthorized reuse or
modification of'the 'construction documents by the City or any person or entity that acquires or
obtains the construction documents froze or through the City without the. written authorization of
the Consultant. Consultant assurnes 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
thein 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 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 1.975, as amended,
42 u,S.C. § 5102, 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
A, Ri =ht 2f Enti t. 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 ar.equiprnent.
B.. City'� Renresentative, 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 Convenicna:e_ City znay tcrrizinate this Agreement for convenience at any time
upon providing written notice thereof at least seven (7) calendar days inadvance -Of the termination
date.
B. F ire. 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 shallgive 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
15
Agreement in whole or in part; (b)` dare such default itself and charge Consultant for the costs of`
curing the default against any sums due or which become due to Consultant undeer this Agreement;
and/or (c).pursue any other. remedy then available,. at. law or in equity; to City for such default.
C. Stat utoiy Termin ition. In compliance with 0.C.G.A,: § 36-60--1.3, this Agreement
shall be deemed terminated as provided in I(D) of 1his. 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: 1'2nent Upon Termination. Upon terrriination, 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 (orhire someone to complete) the
Work, as determined at the time of termination; not otherwise covered by the remaining unpaid
Maximurn Contract Price:
E. Conversion to Terming ion for Convenien
2ce, if City terminates this Agreement
far.cause and it is later determined that City did of have grounds to do so, the termination will be
converted. to and treated. as a. termination for canvenience under the terms of Section VI(A) above.
F. Reouirenmis U gon 'rerinination. Upon termination, Consultant shall.-
promptly
hall:promptly discontinue all services; cancel as many outstanding obligations as. possible, and not
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. Ruervation of Riabl a� d liernedies. 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 lain or in equity..
VII. MISCELLANEOUS
A. I ntiro 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 maybc:modified or amended only by a
written Change Carder (as provided in Section II above) or other document signed by
representatives of both Parties with appropriate authorization,
S. Smecessors -and„ AssiUns. 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. !joverning 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
17
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 ju i.sdiction 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 Agrcerncnt 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 frill force and effect. to the extent possible as if this.
Agreement had been executedwith 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.
F. Notices.
(1) Cc7MMUnica ions . Relating to Day�t-Day Activitie . 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) 0—Mcial„ _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
18
City of Milton., Georgia
2006 Heritage Walk
Milton, Georgia 30004
NOTICE TO CONSULTANT shall be sent to.
Wolverton & Associates, Inc.
6.745 Sugarloaf Parkway
suite 100
Duluth, GA 30097
G. Waiver of A cement. No failure by City to enforce any right. or power granted
under this Agreement, or to insist upon strict complianceby Consultant with this Agreement, and
no customs 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 Consultantwith the terms and conditions of this Agreement. Further, no
express waiver shall affect any Terni or condition other than the one specified in such waiver,. and
that one only for the time and mariner specifically stated.
H. Survival. All. sections of this Agreement which by theiir nature should survive
termination will survive termination, including, without limitation; .confidentiality obligations and
insurance maintenance requirements.
1. No Third Party Rights. 'Phis 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.
3.. SnCrereE rn_rn 11ity Ratification. Nothing containedin this. Agreement shall`be
construed to'be a waiver of City's sovereign immunity or any individual's qualified, good faith or
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 1„iabilit4Nothing. herein shall he..constrced. 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 amountwhich 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, claire, 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.
Further, It 'intended by the parties to this Agreement. that the. Consultant's services in connection
with the Project shall not subject the Consultant's Individual employees, offlcers or directors to any
f9
personal legal exposure for the risks associated with this Project: T.herefore, and notwithstanding
anything"to the contrary contained herein, the City agrees that asthe City's sale and exclusive remedy,
any contract -basad claim, demand or suit shall bedirected and/or asserted only against the
Consultant and not against. any of the Consultant's: individual employees, officers .or directors:
L. Cr)unle • a rts• A reement Construction and Intel- rctat on 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 ifthe 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 ,MgieLure.. 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 perforin (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 perfornnance of any portion. of this Agreement legally impossible; (iy)
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.
X 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]
20
CONSULTANT: Wolverton
Signature:
Print Name:
R. Macrina,
Associates, Inc.
Cheif Operting Of'Icer�Jloe President
Title: President/Vice President (Corporation)
Attest/Witness: 1 ��
{
Signature:
Print Name:
Title:
[CORPORAT,,' AP -06 ►,�
,, . .a.,A 0
Aa .,,.. 0148 r�;.0
• s ._:
; 0
• •....•�� �4
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c�
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(Assistant) Corporate Secretary (required if corporation)
Ratified by City Council:
By: Joe Lockwood, Mayor
Attest:
Signature:
Print Name: _
Title: City Clerk
Approved as to form:
City Attorney
CITY OF MILTON, GEORGIA
By: Steven Krokoff, City Manager
21
[CITY SEAL]
EXHIBIT "A"
N/A
EXHIBIT "B",
�V
October 26, 2018
Mrs. Sara Leaders, PE, LSIT
Transportation Engineer
Milton City Hall
2006 Heritage Walk
Milton, GA 30004
RE: Fngirteeriing Services Proposal Letter
Morris Road Scoping Documents
Dear Mrs. Leaders:
Wolverton 6 Associates, Inc. (Wolverton) is pleased to submit this proposal to complete the Scoping
Documents for the Morris Road Widening. Wolverton reserves the right to review and subsequently revise
this proposal in the event of any changes to the scope of services proposed below.
The services are -based on the following;
I . Project Description:
The Morris Road Widening project is an asswned two- to four -lane widening from Webb Road to Bethany
Bend, approximately 0.6 miles within the City of Milton. The project will eliminate the "bottleneck" that
will exist with the proposed McGinnis Ferry Interchange project. The services of this proposal include a
traffic evaluation, environmental screening and concept development as further describedbelow.
II. Scope of5ervices:
Traffic Evaluation- Wolverton will complete a Traffic Segment Study analyzing the existing traffic
operations of Morris Road, including:
a. Two (2)- 24-hour, bi-directional tube counts
- On Morris Road between Fairview Apartments and Bethany Bend
On Morris Road between New Fawn Lane and Lathene Drive
b. Develop historical growth rate for the study area
c. Grow existing traffic using historical growth rate and the previously identified growth rate from
the adjacent IJR Study for the McGinnis Ferry Road Interchange (which was provided by the
City).
- The historical growth rate will be used to grow the traffic from Existing Year 2018 to the
Opening Year 2020. The growth rate used in the UR report will be used to grow the traffic
from Opening Year 2020 to Design Year 2040 to account for the new interchange at SR 400
Q McGinnis Ferry Road.
d. Analyze tate Traffic alterations of Morris Road in the Existing Year 2018, Opening Year 2020,
and Design Year 2040 under the No -Build Scenario (this assumes no cross-sectional changes to
Morris Road between Webb Road and Bethany Bend)
WOLVERTON
6745 Sugarloaf Pkwy, Suite 100 1 puIuth, Georgia 30097 1 770 447.8999 1 wolvertoninc.com
e. If needed, determine what roadway cross-section achieves acceptable Level -of -Service (LOS)
> Develop Report stating findings .of'tha Traffic Operations.. Analysis of Morris Road from Webb
Road to Bethany Bend stating recommendations of proposed dross -section to .adhieve acceptable
Level -of -Service
Environmental Screening - VHB will conduct a windAieldlpcdestr an survey of the project area
including:
a. Identification otprotected species habitats, wetlands and waters, potential cultural resources and
other:resources that would need to be. considered in more detail shoulda federally funded project
proceed.
U.. Preparation of a brief. memo summarizing the screening efforts.
C. A brief Deed and Purpose statement would be prepared.
Concept .Development. --- Wolverton will .develop a conceptual layout and cost which include the
following:.
a. Conceptual Layout of one (1) 44ane. alternative consisting of-
- Aerial imagery, property lines and contours to be provided by the City
- Identification of Environmentally Sensitive Areas
Identification of khown..utilities that are stirface evidont
-. Approximate Right -of -Way Impacts
Typical Section
b. Evaluation of existing vertical profile on mainline to determine sight distance issues
c. Eva.Iuati.on of: proposed pavement section
d. Engineer's Cost Opinion of the 4 -lane alternative
e. Scoping Document which. summarizes. findings
f. Site Visits and Meetings with 'the. City
g. One. (I) meeting.with GDOT to present project and findings
HI. Deliverables:
The following items will be completed by Wolverton and delivered during the .term of.this project as -specified
by the Project Manager:
A. Traffic Evaluation Report
B. Screening Memo.
C. Cancept Layout and Cost Opinion
COST AMOUNT :OF PROPOSAL
PHASE DESCRIPTION
Traffic: Evaluation............::......,.....1.....:. ...... $7,300.00
Environmental Screening..._......-'....'—, $ 2,706.60
ConceptLayout and Cost Opinion....................................................:.... $19,73010.0
TotalCost .::................... :....:.............. :..:...... :...........:...:............... :.:. $29,730.06
Assumptions:
I . City will provide GIS information including contours and property line information.
2. Scoping Document will be in GDOT's Concept Report format but limited to the information
obtained in the above scope.
3. No drainage design or hydrology analysis will be required.
4. Environmental Special Studies and Permitting are not required.
5. GDOT Traffic Counts and Studies are not included and would be required if the project receives
state or federal funding. No intersection analysis is included or trip distributions.
6. Additional Services not specified in this proposal are excluded (survey database, geotechnical,
structural engineering, etc.)
Any of the above items can be performed by Wolverton by a separate proposal. Wolverton will begin
immediately upon receipt of a signed proposal. The work will be completed within ten (1 of weeks of Notice
to Proceed {N'rm. If INTI' is provided around a holiday, additional time may be required to collect traffic
counts.
This proposal was prepared with the intent of addressing your specific needs and concerns thus far identified
and under the terms and conditions attached.
Wolverton sincerely appreciates this opportunity and looks Forward to serving your needs!
Sincerely,
Wolverton & Associates, Inc.
r
Brad Robinson, P.E.
Market Sector Leader\ \ Transportation
C�RbP CERTIFICATE OF LIABILITY INSURANCE
DATE tMMID0NYYYi
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121OKO18
THIS CERTIFICATE IS ISSUED AS A (NATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT., If the cert€Ticate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to this terms and conditions of the policy, certain policies may require an endorsement. A statement on
W3 certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
PRODUCER
CONTACT NAME: Ambroshia Patton
Risk Strategies Company
PRONE FAX
678-690-5995 Nra
1255 Lakes Pa+xway
AndRESB_ apatton®risk-slralegies.com
#1{15
INSURERI SiAFFORDiNG COVERAGE MAIC p
Lawrenceville GA 30043
INSURER A; Charter flak Fire Ins Co 25615
INSUREn
INSURER a: Travelers Indemnity Co of Arner 25666
Wolverton & Ass ociates, Inc.
INSURER c: Travelers Indemnity Go 25658
6745 Sugarloaf Pkwy.
INSURER 0: The Phoenix insurance Company 25623
SURE 100
INSURER 5 - ICL Specialty Insurance Company 37885
Duluth GA 3DO97
INSURER F
L:UVLKALit5 CERTIFICATE NUMBER.- L L15t?4U.51t54 Rrumi 7N IJI INARFR-
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUEt7 TO THE INSURED NAME0 ABOVE FOR THE POLICY PE=RIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER OCCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES OESCR [BE D HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES- LIMITS SHOWN MAY HAVE BEEN REOUCEO BY PAID CLAIMS.
INOR
LTR
TYPE OF INSURANCE
AIML
IN50
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POLICY NUMBER
POLICY EFF
MM7DDIYYYY
POLICY EXP
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COMMERCGL GENERAL LIABILITY
EACH OCCURRENCE S 2,000,D04
7 CLAIMS -MADE Fx7 OCCUR
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X Contractual Liability
14.000
MED EXP [Anyoneperson) E
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68091-1706481
45/01/2018
05/01/2019
PERSONAL &ACV INJURY S 2.000,000
G EN'L AGGREGATE LIMIT APPLIES PER:
GENERAL AGGREGA-'E S 4,600.01DD
POLICY PRO-
JECT ❑ LOC
PRODUCTS-COMPIOP AGG s 4,000,000
$
OTHER:
AUTOMOBILE
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EACHOCCURRENCE S 5.000,000
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05MI12019
AQGREGATE 5 5,000,000
OED I X RETENTION S 10,000
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EL DISEASE - EA EMPLOYEE $ 1,000,000
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DESCRiPnON OF OPERATJONS below
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11/131/2618
11/01/2019
Annual Aggregate $5,000,000
DESCRIPTION OF OPERATIONS) LOCATIONS? VEHICLES iACORD 101, Additional Remarks Schedule, may be attached It more space Is raquired7
Ra: City of Milton Road Widening, Morris Road Widening project an assumed two- to four -lane widening from Webb Road to Bethany Bend.
City and Ctty's elected and appointed officials, officers, boards. Com mission erS, employees, representatives, consultants, servants, agents
and volunteers [individually 'Insured Party' and colliactively'Insured Parties" are included as an additional insured as respects the
General Liability and Auto Liability given it is a req ulrment of written contract. General Liability, AU to Liability, and Workers
Compensation included a Walverof Subgaration in favor of the Additional Insured given it is a requirement of written contract. Umbrella
follows form.
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WELL BE DELIVERED IN
City of Milton Milton City Ha 11 ACCORDANCE WITH THE POLICY PROVISIONS.
2006 Heritage Walk
AUTHORIZED REPRESENTATIVE
Milton GA 30004 I -,,wx5
01988-2015
ACORD 25 (201$108) The AC ORD name and logo are registered marks of AC ORD
reserved.
EXHIBIT "C
See "Exhibit B"
EXHIBIT "D"
STATE OF
COUNTY OF
By executing this affidavit, the undersigned contractor verifies its compliance with O.C.G.A. § 13-10-91,
stating affirmatively that the individual, firm, or corporation which is engaged in the physical performance
of services on behalf of the City of Milton, Georgia has registered with, is authorized to use and uses the
federal work authorization program commonly known as E -Verify, or any subsequent replacement program,
in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-9I.
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:
EEV #114545
Federal Work Authorization User Identification
Number
4/1/2008
Date of Authorization
Wolverton & Associates. Inc.
Name of Contractor
Morris Road Widening Scoping
Name of Project
Qi1X of Milton ria
Name of Public Employer
I hereby declare under penalty of perjury that the
foregoing is true and correct.
Executed on—p 201"b in
.7c. (city), &h (state).
Signature d(Aut
Joseph R. Macr
Chief Operating
Printed Name an
Agent
or Agent
Officer or
SUBSCRIBED AND SWORN BEFORE ME
TIES THE _ J.Z--DAY O
NOTAFUB%8 L%Q
•. fa oti: [�
, Meg
My Commisst n Expires:
• a j of
STATE OF Georgia
COUNTY OF Fulton
EjiHIBIT -E"
WE e► o i
By executing this affidavit, the undersigned subcontractor verifies its compliance with O.C.G. A. § 13-10-
91, stating affirmatively that the individual, firm or corporation which is engaged in the physical
performance of services under a contract with Wolverton & Associates, Inc. (name of contractor) 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 subcontractor will continue to use the federal work authorization program throughout the
contract period, and the undersigned subcontractor will contract for the physical performance of services in
satisfaction of such contract only with sub -subcontractors who present an affidavit to the subcontractor with
the information required by O.C.G.A. § 13-10-91(b). Additionally, the undersigned subcontractor will
forward notice of the receipt of an affidavit from a sub -subcontractor to the contractor within five (5)
business days of receipt. If the undersigned subcontractor receives notice that a sub -subcontractor has
received an affidavit from any other contracted sub -subcontractor, the undersigned subcontractor must
forward, within five (5) business days of receipt, a copy of the notice to the contractor.
Subcontractor hereby attests that its federal work authorization user identification number and date of
authorization are as follows-
115289
ollows:1152$9 I hereby declare under penalty of perjury that the
Federal Work Authorization User Identification foregoing is true and correct.
Number (� `
Executed on t 1 , 201 in
4/21/2008
(city), {state}.
Date of Authorization
Signature of Authorized Officer or Agent
Name of Contra or
Morris Road Widening Scoping �;_rin_
NamA�i� itle f Authorized Offic r o
Name of Project Agent
City of Milton. Georm SUBSCRIBED AND SWORN BEFORE ME
Name of Public Employer ON THIS THE I J^ DAY OF
T)Ke_ n WeK_, 20 -
_ JULY n.
16
My Cofnml on xpire
`',, Y 59 �g��,`
TO:
FROM:
MILTON Ir
ESTABLISHED 2006
CITY COUNCIL AGENDA ITEM
City Council
DATE: January 2, 2419
Steven Krokoff, City Manager 0
AGENDA ITEM: Consideration of Change Order #2 to that certain
Professional Services Agreement between the City of Milton
and Barge Design Solutions, Inc., formerly doing business as
Barge, Waggoner, Sumner and Cannon, Inc., dated April 24,
2017, regarding an Update to the City Wide Paries and
Recreation Master Plan and the Master Plan for Providence
Park
MEETING DATE: Monday, January 7, 2419 Regular City Council Meeting
BACKGROUND INFORMATION: (Attach additional pages it necessary)
See attached memorandum
APPROVAL BY CITY MANAGER: (1PPROVED [ J NOT APPROVED
CITY ATTORNEY APPROVAL REQUIRED: (.rYES () NO
CITY ATTORNEY REVIEW REQUIRED: (SES () NO
APPROVAL BY CITY ATTORNEY: (,J/APPROVED [ ] NOT APPROVED
PLACED ON AGENDA FOR:
2006 Heritage Walk Milton, GA P. 678.242.25001 F. 678,242.2424 hfo,&cifyofmilfongv.us I www.cftyofmNtonga.us
0000
To: Honorable Mayor and City Council Members
From: Jim Cregge, Parks & Recreation Director
Date: Submitted January 2, 2019 for the January 7, 2019 Regular
City Council Meeting
Agenda Item: Consideration of Change Order #2 to that certain
Professional Services Agreement between the City of Milton
and Barge Design Solutions, Inc., formerly doing business as
Barge, Waggoner, Sumner and Cannon, Inc., dated April 24,
2017, regarding an Update to the City Wide Parks and
Recreation Master Plan and the Master Plan for Providence
Park
_____________________________________________________________________________________
Department Recommendation:
Staff is recommending the approval of Change Order #2 to that certain Professional
Services Agreement between the City of Milton and Barge Design Solutions, Inc.,
formerly doing business as Barge, Waggoner, Sumner and Cannon, Inc., dated April 24,
2017, regarding an Update to the City Wide Parks and Recreation Master Plan and the
Master Plan for Providence Park to increase the Agreement Term to April 30, 2019.
Executive Summary:
On April 24, 2017, the City formally awarded a contract to Barge, Waggoner, Sumner &
Cannon, Inc. (now doing business as Barge Design Solutions, Inc.) to perform an update
to the City Wide Parks and Recreation Master Plan and to create a Master Plan for
Providence Park. The Master Plan for Providence Park has been completed and has
been accepted by the Mayor and Council. The City Wide Parks and Recreation Master
Plan update work is still in process. Both projects have required additional public input
meetings and study in order to produce plans that meet with the satisfaction of the
community.
In January 2018, Consultant filed an Application for and received an Amended
Certificate of Authority of a Foreign (Tennessee) Entity with the Georgia Secretary of
State’s Corporation Division to officially change its corporate name to “BARGE DESIGN
SOLUTIONS, INC.”
The contract had an original value of $132,340. Change Order No. 1 added an
additional $19,150 to cover the cost of additional Work, bringing the contract’s total
value to $151,490. That Change Order anticipated that the project Work would be
completed by December 31, 2018. Due to unanticipated project delays, the Work is
now projected to be completed by April 30, 2019.
This change order does not seek additional funding. It only seeks to extend the
contract duration to April 30, 2019.
Procurement Summary:
Purchasing method used: Contract Addendum
Account Number: 300-6110-521200001
Requisition Total: $151,490 (per Change Order No. 1)
Financial Review: Bernadette Harvill, January 2, 2019
Legal Review: Jeff Strickland – Jarrard & Davis, January 2, 2019
Concurrent Review: Steven Krokoff, City Manager
Attachment:
1) Change Order #2 to the Professional Services Agreement with Barge Design
Solutions, Inc.
1
PROFESSIONAL SERVICES AGREEMENT
CHANGE ORDER #2
WHEREAS, the CITY OF MILTON (“City”) and BARGE, WAGGONER, SUMNER AND
CANNON, INC. (“Consultant”), entered into a Professional Services Agreement (the “Agreement”) dated
April 24, 2017, regarding a city-wide master plan update for Parks and Recreation and the creation of a
conceptual/master plan for Providence Park; and
WHEREAS, in January 2018, Consultant filed an Application for and received an Amended Certificate of
Authority of a Foreign (Tennessee) Entity with the Georgia Secretary of State’s Corporation Division to
officially change its corporate name to “BARGE DESIGN SOLUTIONS, INC.”; and
WHEREAS, in accordance with the Agreement at Article II (Work Changes), subparagraph B, the City
reserves the right to order changes in the Work to be performed by adding to the Work and all such change
orders shall be incorporated into a written Change Order and executed by Consultant and City; and
WHEREAS, in July 2018, the Parties executed Change Order No. 1 to the Agreement to add additional
Work to the Scope of Services and to increase the maximum contract price accordingly; and
WHEREAS, Consultant has stated that additional time is needed to complete the Work, with no additional
increase in overall cost, and all Work is anticipated to be completed by April 30, 2019.
NOW THEREFORE, the parties agree as follows:
1. Article I (Scope of Services and Termination Date), Subsection D (Schedule, Completion Date, and
Term of Agreement), second sentence, is amended to read as follows:
“The term of this Agreement (“Term”) shall commence as of the Effective Date, and the Work shall
be completed, and the Agreement shall terminate, on or before April 30, 2019 (provided that certain
obligations will survive termination/expiration of this Agreement).”
2. Consultant shall, contemporaneous with the execution of this Change Order, tender to the City
updated certificates of insurance as required under Article IV (Covenants of Consultant), Subsection
I (Insurance) of the Agreement covering the full Term of the Agreement.
3. Except as modified herein, the Agreement shall continue in full force and effect.
4. This Change Order may be executed in counterparts, and each counterpart shall constitute an
original and taken together shall constitute but one document.
2
5. Each of the individuals executing this Amendment on behalf of his or her respective Party agrees
and represents to the other Party that he or she is authorized to do so.
6. The effective date of this Change Order No. 2 shall be December 31, 2018.
IN WITNESS WHEREOF, the parties have caused this Change Order to be duly executed by their
duly authorized officers as of the day and year set forth next to each signature.
CONTRACTOR: BARGE DESIGN SOLUTIONS, INC.
By: ________________________________________
Print Name: _________________________________
Its: President/Vice President
Date: _________________________________
[CORPORATE SEAL]
Attest/Witness:
By: __________________________________________
Print Name: ___________________________________
Its: (Assistant) Corporate Secretary
CITY: CITY OF MILTON, GEORGIA
By: ___________________________________
Joe Lockwood, Mayor
[CITY SEAL]
Attest:
By: ________________________________
Sudie Gordon, City Clerk
Approved as to form:
By: ___________________________________
City Attorney
MILTON'Ir
ESTABLISHED 2006
TO:
FROM:
AGENDA ITEM:
MEETING DATE:
CITY COUNCIL, AGENDA ITEM
City Council
DATE: January 2, 2019
Steven Krokoff, City Manager 0
Approval of Subdivision Plats and Revisions Approval
Monday, January 7, 2019 Regular City Council Meeting
BACKGROUND INFORMATION: (Attach additional pages if necessary)
See attached memorandum
APPROVAL BY CITY MANAGER: (4-A"PPROVED [) NOT APPROVED
CITY ATTORNEY APPROVAL REQUIRED: () YES (,AVO
CITY ATTORNEY REVIEW REQUIRED: () YES (.�`NO
APPROVAL BY CITY ATTORNEY: () APPROVED [ J NOT APPROVED
PLACED ON AGENDA FOR:
2406 Heritage Walk Milton, GA P: 678.242.2500 i F: 678.242,2499 info@cifyofmiltongo.us { www,cifyofmiltonga.u.5
To: Honorable Mayor and City Council Members
From: Parag Agrawal, Community Development Director
Date: Submitted on January 2, 2019 for the January 7, 2019 Regular
Council Meeting
Agenda Item: Approval of Subdivision Plats and Revisions Approval
____________________________________________________________________________
Department Recommendation:
To approve the subdivision related plats and revisions as stated below.
Executive Summary:
The Milton Subdivision Regulations require that the Mayor and City Council approve all
Final Plats, final Plat Re-recording, Revisions and Minor Plats once the matter has been
reviewed and certified by the Community Development Director in accordance with
the Subdivision Regulations.
1. The Ebenezer United Methodist Church minor plat described herein consists of
four separate tracts to be combined into one 6.61 acre parcel located at 12900
Arnold Mill Road.
2. The Charles Roger Brown minor plat described herein consists of three separate
tracts on Wood Road to be reconfigured. No new lots are being created, only
the sizes of the existing lots are to be adjusted. The size of the proposed lots
range from 3 acres to 7.22 acres.
Funding and Fiscal Impact:
None.
Alternatives:
Do not approve.
Legal Review:
None – not required.
Concurrent Review:
Consent Agenda Plats Staff Memo
Page 2 of 6
Steven Krokoff, City Manager
Attachment(s):
Plat List, Location Map, Plats
Name of Development / Location Action Comment
s / # lots
Total
Acres Density
1. Ebenezer United Methodist
LL 1092
12900 Arnold Mill Road
Combo
Plat 1 lots 6.61 .15 Lots / acre
2. Charles Roger Brown
LL 630 & 595
14771, 14775, 14779 Wood Road
Minor
Plat 3 lots 13.22 .22 Lots / acre
Consent Agenda Plats Staff Memo
Page 3 of 6
Consent Agenda Plats Staff Memo
Page 4 of 6
Consent Agenda Plats Staff Memo
Page 5 of 6
Consent Agenda Plats Staff Memo
Page 6 of 6
r4d
M I LTON't
ESTABLISHED 2406
CITY COUNCIL AGENDA ITEM
TO: City Council DATE: January 2, 2019
FROM: Steven Krokoff, City Manager 0
AGENDA ITEM: Consideration of RI18-14/VC18-09 - 3475, 3485, 3495, 3499, & 3501
Bethany Bend by Bajun American Properties to rezone from TR and
AG -1 to TR to develop 54 residential units (condominium) at a
density of 5.38 units per acre and a 3 part concurrent variance to
1 j delete the 75 foot undisturbed buffer and 10 foot improvement
setback and replace with a 20 foot landscape buffer or 50 foot
undisturbed stream buffer adjacent to all property lines abutting
property zoned Townhouse Residential (TR) (Sec. 64-1091 (b)j 2) to
delete requirement for 75% per vertical wall plane of brick or
natural stone (Sec. 64-1495 (o)j and 3} to delete requirement for
25% brick, tile, and remaining materials listed (Sec. 64-1095 (p)).
MEETING DATE: Monday, January 7, 2019 Regular City Council Meeting
BACKGROUND INFORMATION: (Attach additional pages it necessary)
See attached memorandum
APPROVAL BY CITY MANAGER: (•7 APPROVED () NOT APPROVED
CITY ATTORNEY APPROVAL REQUIRED: () YES (,kNO
CITY ATTORNEY REVIEW REQUIRED: () YES (V-'fqO
APPROVAL BY CITY ATTORNEY. () APPROVED (J NOT APPROVED
PLACED ON AGENDA FOR:
2006 Heritage Walk Milton, GA P: 678.242.2500 1 F: 678.242,2499 info<&cifyofmilfonga.us I www,cifyofmiltonga,us
Prepared by the Community Development Department for the
City of Milton Mayor and City Council Meeting on January 23, 2019 (First Presentation – January 7, 2019)
1/3/2019 Page 1 of 22
R/A RZ08-08/U08-04
Z18-14/VC18-09
PROPERTY INFORMATION
ADDRESS 3501, 3499, 3495, 3485, 3475 Bethany Bend
DISTRICT, LAND LOTS 2/2 971 and 972
OVERLAY DISTRICT State Route 9
EXISTING ZONING TR (Townhouse Residential) and AG-1
(Agricultural)
PROPOSED ZONING TR (Townhouse Residential)
ACRES 8.46
EXISTING USE Four single family residences
PROPOSED USE 54 Townhomes
PETITIONER Bajun American Properties L.P. – Korey Jones
ADDRESS 282 S. Main Street Unit A
Alpharetta, GA 30009
REPRESENTATIVE AEC, INC.
ADDRESS 50 Warms Springs Circle
Roswell, GA 30072
INTENT
To rezone from TR and AG-1 to TR to develop 54 residential units (condominium) at a
density of 6.38 units per acre and a 3 part concurrent variance to 1) delete the 75
foot undisturbed buffer and 10 foot improvement setback and replace with a 20
foot landscape buffer or 50 foot undisturbed stream buffer adjacent to all property
lines abutting property zoned Townhouse Residential (TR) (Sec 64-1091 (b)) 2) to
delete requirement for 75% per vertical wall plane of brick or natural stone (Sec. 64-
1095 (o)) and 3) to delete requirement for 25% brick, tile, and remaining materials
listed for accent materials (Sec 64-1095 (p)).
Prepared by the Community Development Department for the
City of Milton Mayor and City Council Meeting on January 23, 2019 (First Presentation – January 7, 2019)
1/3/2019 Page 2 of 22
R/A RZ08-08/U08-04
COMMUNITY DEVELOPMENT RECOMMENDATION – DECEMBER 19, 2018
RZ18-14 – APPROVAL CONDITIONAL
VC18-09 – PART 1 – APPROVAL CONDITIONAL
VC18-09- PART 2 AND 3 - DENIAL
PLANNING COMMISSION RECOMMENDATION – DECEMBER 19, 2018
RZ18-14 – APPROVAL CONDITIONAL – 5-1
VC18-09 – PART 1 – APPROVAL CONDITIONAL – 5-1
VC18-09- PART 2 AND 3 – DENIAL - 5-1
The Planning Commission recommended to approve the requested rezoning,
Part 1 of the concurrent variance to reduce the buffer as requested and to deny
Parts 2 and 3 in regards to the materials for the buildings based on the fact that
more specific design/and type of material should be provided.
The Planning Commission also requested that the applicant provide additional
public parking within the development. Overall, the Planning Commission was in
support of the proposed rezoning, reduction of buffer and overall density and
design of the project.
Prepared by the Community Development Department for the
City of Milton Mayor and City Council Meeting on January 23, 2019 (First Presentation – January 7, 2019)
1/3/2019 Page 3 of 22
R/A RZ08-08/U08-04
LOCATION MAP
Prepared by the Community Development Department for the
City of Milton Mayor and City Council Meeting on January 23, 2019 (First Presentation – January 7, 2019)
1/3/2019 Page 4 of 22
R/A RZ08-08/U08-04
CURRENT ZONING MAP
Prepared by the Community Development Department for the
City of Milton Mayor and City Council Meeting on January 23, 2019 (First Presentation – January 7, 2019)
1/3/2019 Page 5 of 22
R/A RZ08-08/U08-04
FUTURE LAND USE PLAN MAP
Prepared by the Community Development Department for the
City of Milton Mayor and City Council Meeting on January 23, 2019 (First Presentation – January 7, 2019)
1/3/2019 Page 6 of 22
R/A RZ08-08/U08-04
SITE PLAN SUBMITTED ON OCTOBER 30, 2018
Prepared by the Community Development Department for the
City of Milton Mayor and City Council Meeting on January 23, 2019 (First Presentation – January 7, 2019)
1/3/2019 Page 7 of 22
R/A RZ08-08/U08-04
SUBJECT SITE:
The subject site contains 8.46 acres and is developed with four single family
residences. A portion of the overall site, 4.94 acres had previously been rezoned
to TR (Townhouse Residential) and a Use Permit for Senior Living at a density of
19.84 units per acre pursuant to RZ08-08 and U08-04. In addition, pursuant to
RZ14-15, the applicant requested a rezoning from AG-1 and TR to TR to develop
76 townhomes on 10.17 acres which contained the current subject site. The
applicant requested a withdrawal which was approved by the Mayor and City
Council on April 27, 2015.
The City of Milton Comprehensive Plan Update 2016 designates the subject site as
MFR (Multi-Family Residential) and HDR-2 (High Density Residential) which allows 5
units per acre or more.
SITE PLAN ANALYSIS
Based on the applicant’s site plan submitted to the Community Development
Department on October 30, 2018 Staff offers the following considerations:
DEVELOPMENT STANDARDS – SEC. 64-669 TR (TOWNHOUSE RESIDENTIAL)
Development Standards Proposed Development
Building Height: SR 9 Overlay District requirement
prevails which is a maximum of two stories with a
maximum height of 30 feet from average finished
grade to bottom of the roof eave.
The applicant has agreed
to meet this height
standard.
b. Minimum lot area or land area per unit shall be 2,000
square feet.
Yes, Condominium
c. Maximum density shall be nine units per gross acre 6.38 units per acre
d. Minimum lot width shall be 25 feet No individual
lots/Condominium
e. Minimum TR development frontage shall be 150
feet
1,247 feet
f. Minimum heated floor area per unit shall
be 1,800 square feet.
1,800 square feet
g. Minimum perimeter setbacks for the entire
TR development shall be as follows:
(1) Minimum front yard: 20 feet.
(2) Minimum side yard.
a. Adjacent to interior line: 30 feet.
b. Adjacent to street: 20 feet.
(3) Minimum rear yard: 35 feet.
Meets all the perimeter
setbacks
Prepared by the Community Development Department for the
City of Milton Mayor and City Council Meeting on January 23, 2019 (First Presentation – January 7, 2019)
1/3/2019 Page 8 of 22
R/A RZ08-08/U08-04
Development Standards Proposed Development
h. (1)Minimum front yard: 20 feet from right-
of-way.
(2) Minimum side yard.
a. Seven feet adjacent to interior lot line, except
that up to a seven-foot encroachment and
maintenance easement may be provided on
adjacent parcels, in combination with or in
lieu of a side yard, such that a minimum
building separation of 14 feet is maintained.
b. Zero if units are attached, for example,
townhouses on separate lots of record.
c. Adjacent to street: 15 feet.
(3) Minimum rear yard: 25 feet
Meets the requirements.
Development will be sold
as condominiums.
i. Minimum accessory structure requirements.
Accessory structures may be located within the side or
rear yards only but not within minimum perimeter
setbacks or minimum yards.
Meets this requirement.
j. Required open space or recreational facilities.
(1) For developments with more than 50 units, a
minimum of 1,000 square feet per unit of open
space or recreational facilities shall be required
within the development.
(2) For developments with 50 or less units, a minimum
of 750 square feet per unit of open space or
recreational facilities shall be required within the
development.
Meets the standard. The
site requires 54,000 square
feet of open space. The
site plan provides 62,508
square feet.
k. Minimum building separation when more than one
building per lot. All building separations shall be as
specified by the city's building code.
Meets this requirement.
l. Other minimum standards shall be as follows:
(1) No more than eight dwelling units shall form a
single building.
(2) Setbacks and roof lines shall be varied by at least
two feet so that no more than three adjoining
dwellings within a single building shall have the
same front setback or roof line.
(3) A minimum of 80 percent of any common wall shall
be contiguous with each adjoining unit.
(4) When units are located on property adjacent to an
exterior street:
a. Shall provide rear loaded vehicular access
and b. The front façade shall face the exterior
street of the development.
(5) Each unit shall provide two off-street parking spaces
within the principle structure.
Meets this requirement.
Meets this requirement.
Meets this requirement.
Meets these
requirements.
Provides 2 car garages.
Prepared by the Community Development Department for the
City of Milton Mayor and City Council Meeting on January 23, 2019 (First Presentation – January 7, 2019)
1/3/2019 Page 9 of 22
R/A RZ08-08/U08-04
Staff notes that the site plan shows a variety of unit sizes, grouping size, and
architectural design. The majority of larger and wider units are adjacent to
Bethany Bend and the smaller units are toward the back of the property. All of
the units are rear loaded for vehicles and the site is designed with no dead ends.
The site provides for a large green/open space with walking trails on the southern
portion of the site as well as preserving three specimen size oaks. Dispersed within
the development are smaller greens for the use of the residents. Based on all the
requirements noted above, the site plan indicates compliance with the
development standards for TR (Townhouse Residential).
STATE ROUTE 9 OVERLAY DISTRICT
Townhouse developments are required to meet the State Route 9 Overlay District
standards within Chapter 64, Article VII, Division 5 of the Zoning Ordinance. The
site plan indicates compliance with these standards with the exception of the
following concurrent variances discussed below:
CONCURRENT VARIANCE REQUESTS
A variance must be based upon credible evidence submitted at a public hearing
compliance with 1 through 4 of the following:
(1) Relief, if granted, would not offend the spirit or intent of this zoning ordinance.
(2) There are such extraordinary and exceptional situations or conditions
pertaining to the particular piece of property that the literal or strict application of
this zoning ordinance would create an unnecessary hardship due to size, shape
or topography or other extraordinary and exceptional situations or conditions not
caused by the variance applicant.
(3) Relief, if granted would not cause a substantial detriment to the public good
and surrounding properties.
(4) That the public safety, health and welfare are secured, and that substantial
justice is done.
Part 1: To delete the 75 foot undisturbed buffer and 10 foot improvement setback
and replace with a 20 foot landscape buffer or 50 foot undisturbed stream buffer
adjacent to all property lines abutting property zoned Townhouse Residential (TR)
(Sec 64-1091 (b))
The applicant is requesting the above described concurrent variance. The
applicant has stated that they will install a fence along the abutting property lines
to Hidden Forest and provide a landscape plan to help ameliorate the impact of
the proposed development. On the site plan there are areas adjacent to units 48,
45 and 44 through 40 where there is additional room to increase the landscape
buffer to 35 feet. Staff also notes that along the property line, there are various
green/open spaces that can be designed in such a way as to provide additional
Prepared by the Community Development Department for the
City of Milton Mayor and City Council Meeting on January 23, 2019 (First Presentation – January 7, 2019)
1/3/2019 Page 10 of 22
R/A RZ08-08/U08-04
screening/space between the proposed townhomes and the existing homes
within Hidden Forest. In addition, the proposed 54 units at an overall density of
6.38 is consistent with the 2016 Comprehensive Plan Update and compatible with
the residential properties to the west and northwest. Based on these facts, Staff’s
recommendation is that if this request is granted, it would not offend the spirit or
intent of this zoning ordinance.
The site is comprised of six parcels of various sizes and shapes that create an 8.46
acre parcel that is narrow, odd shaped and contains approximately 1.4 acres of
flood plain on the site. Therefore, it is Staff’s recommendation that because of
these facts, there are extraordinary and exceptional situations or conditions
pertaining to this piece of property that the literal or strict application of the
zoning ordinance creates an unnecessary hardship due to size, shape and the
floodplain not caused by the applicant. Relief would not cause a substantial
detriment to the public good and surrounding properties and that the public
safety, health and welfare are secured, and substantial justice is done if
approved with the following conditions to require a fence adjacent to Hidden
Forest based on, an increased landscape buffer adjacent to the above
mentioned lots, an agreed landscape plan with abutting property owners.
Therefore, Staff recommends APPROVAL CONDITIONAL of VC18-09 PART 1.
Parts 2 and 3: To delete the requirement for 75% per vertical wall plane of brick or
natural stone (Sec. 64-1095 (o)) and to delete the requirement for 25% brick, tile,
and remaining materials listed for accent materials (Sec 64-1095 (p)).
Pursuant to Sec. 64-1095 (o) requires 75% per vertical wall plane of brick or natural
stone and Sec. 64-1095 (p) for accent materials 25% of brick, tile and other
materials for accent materials. The applicant is requesting relief from the required
building materials for townhomes.
The subject site is located within the SR 9 Overlay District which includes parcels
on Bethany Bend going north toward SR 9 which is the only area left in this area of
Deerfield and SR 9 not included in the Deerfield Form Based Code (FBC)
approved by the City Council in 2015. The applicant is requesting the above two
part concurrent variance in order to design the townhomes with a less heavy look
of the predominately brick and stone that is required by the SR 9 Overlay District.
Below are sketches that demonstrate the intent of the look as well as the massing
and form. The applicant’s architect has worked closely with the City Architect to
achieve the most appealing and updated design for the area. The applicant
intends to incorporate some brick and stone in the design of the townhomes, but
does not intend to utilize the 75% required per vertical wall plane or 25% required
for accent materials. The City Architect continues to work with the applicant to
provide more detailed designs/elevations of the materials for the buildings.
Below are street view sketches of the site that show the building form, massing
and architectural detail of the buildings.
Prepared by the Community Development Department for the
City of Milton Mayor and City Council Meeting on January 23, 2019 (First Presentation – January 7, 2019)
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R/A RZ08-08/U08-04
Although, the applicant has provided good design for the project and worked
with the City Architect, but does not meet all four of the considerations when
evaluating a variance. It is Staff’s recommendation that they have demonstrated
the following considerations: (1) Relief, if granted, would not offend the spirit or
intent of this zoning ordinance. (3) Relief, if granted would not cause a
substantial detriment to the public good and surrounding properties. (4) That the
public safety, health and welfare are secured, and that substantial jus tice is
done.
The applicant has not demonstrated the following consideration.
(2) There are such extraordinary and exceptional situations or conditions
pertaining to the particular piece of property that the literal or strict application of
this zoning ordinance would create an unnecessary hardship due to size, shape
or topography or other extraordinary and exceptional situations or conditions not
caused by the variance applicant. Therefore, Staff recommends DENIAL of VC18-
09, Parts 2 and 3. If the Mayor and City Council recommends approval of Part 2
and 3, Staff recommends that all architecture be approved by the City Architect
prior to submittal to the Design Review Board.
Prepared by the Community Development Department for the
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R/A RZ08-08/U08-04
Prepared by the Community Development Department for the
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ENVIRONMENTAL SITE ANALYSIS
The applicant has submitted the Environmental Site Analysis which indicates that
there are wetlands, floodplain (does not show complete area that it covers), a
stream and associated stream buffer on the site. There are no steep slopes
exceeding 25 percent over a 10 foot rise, or any endangered wildlife species or
historical sites on the property.
Prepared by the Community Development Department for the
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ARBORIST COMMENTS
The proposed rezoning will be subject to the tree preservation ordinance
including recompense and tree density requirements. The applicant has included
a tree survey that was conducted in 2007. A new tree survey will be required to
adequately review how the proposed development will impact the trees on the
site.
CITY OF MILTON FIRE MARSHAL
Roads shall be minimum 26 feet from back of curb to back of curb or if less, shall
be posted no parking signs and curb painted red.
TRANSPORTATION ENGINEER
A traffic memo has been requested to evaluate access and peak hour modeling
of proposed roundabout operations. The conditions should not change based on
the submittal of this information.
CITY ENGINEER
The site plan does not show the all of the flood plain that is within the
development.
PUBLIC INVOLVEMENT
CZIM Meeting – November 27, 2018
The applicant was present and there were eleven members of the community in
attendance.
The following issues were raised by the community:
• Increased traffic
• Architecture should be consistent with other homes on Bethany Bend
• Concern with separation between existing homes in Hidden Forest
Subdivision. Need to make sure there is some type of protection from car
lights entering the subdivision.
• Parking for guests.
• Issues with the future round a bout.
• Disturbance of existing wildlife and vegetation.
Design Review Board Meeting – December 4, 2018
• Liked the proposed development and design of the buildings.
Prepared by the Community Development Department for the
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• Supported the requested architectural variances for the building material
and noted that the requirement for brick does need to be cleaned up.
• Work with the Hidden Forest HOA to decide on a fence that is compatible
for both properties.
PUBLIC PARTICIPATION REPORT
The applicant hosted a Public Participation Meeting on Saturday, October 13,
2018 at the Hampton Inn Meeting Room located at 16785 Old Morris Road. There
were 20 people in attendance. The attendees’ issues and concerns were 1) the
reduction in the buffer to surrounding residents and 2) when the traffic circle
adjacent to the site would be completed (Forsyth County).
Standards of Review
(Section 64-2104) Planning Staff shall, with respect to each zoning application,
investigate and make a recommendation with respect to factors 1 through 7,
below, as well as any other factors it may find relevant.
1. Whether or not the proposal will permit a use that is suitable in view of the
use and development of adjacent and nearby Property?
The proposed 54 residential units comprising of duplexes, triplexes and
quadplexes developed at a density of 6.38 units per acre is consistent and
provides for a transition from lower density to higher density with adjacent
and nearby properties. To the west and south is Hidden Forest Subdivision
developed with primarily townhomes and some single family detached
homes at a density of 4.99 units per acre; Spring Valley Townhomes to the
northwest is developed at 7.86 units per acre; Windcrest Park Townhomes
further to the northwest is developed at 6.76 units per acre. To the east
within Forsyth County is a mixed use development zoned MPD that contains
apartments, single family homes and future commercial .
Prepared by the Community Development Department for the
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Prepared by the Community Development Department for the
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Location Parcel /
Zoning
Petition
Zoning / Name Approved
Density/Min. Heated
Floor Area
East
(Forsyth
County)
1
ZA3282
MPD (Master Plan
Development) Deerfield
Township
164 acres with no
more than 983
residential units and
250,000 square feet of
commercial area
with 1,000 parking
spaces
South 2
RZ18-06/
U18-01
O-I (Office-Institutional)
Conditional and Use Permit
for Private School
Milton Montessori School
3,287 sq. ft./acre
Existing structure and
new 9,500 sq.ft.
building
Further
South
3
T-5 Limited
IMT Deerfield
12 units/acre
3 stories
Further
South
4 T-5 Limited
Fairview Townhomes
6.25/acre
South
and West
5
RZ02-105
TR (Townhouse Residential)
Conditional
Hidden Forest
4.99 units/acre
1,500 sq. ft. attached
2,000 sq. ft. detached
Northwest 6
Z99-136
TR (Townhouse Residential)
Conditional
Spring Valley
7.86 units/acre
2 stories
1,200 sq. ft.
Further
Northwest
7
RZ97-115
TR (Townhouse Residential)
Conditional
Windcrest Park
6.76 units/acre
1,500 sq. ft.
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 will not adversely affect the existing use
or usability of the adjacent properties as described above if approved with
the Recommended Conditions. The proposed development is within the
range of existing approved densities and uses in the area.
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) for single family residential and TR (Townhouse Residential)
with a Use Permit for senior housing.
Prepared by the Community Development Department for the
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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?
The proposed development may have some impact on existing streets,
transportation facilities and schools. The roundabout that is under
construction at the entrance of the project as well as the additional
entrance on the northern portion of the site will help ameliorate the
increase in traffic in and out of the subject site. All three schools will be
impacted by the proposed development. This area is currently zoned for
Cambridge High, Hopewell Middle, and Cogburn Woods Elementary and
all schools are currently over building capacity and the project will increase
the number over capacity as indicated in the Development Impact
Statement below.
Prepared by the Community Development Department for the
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5. Whether the proposal is in conformity with the policies and intent of the land
use plan?
Future Land Use Plan Map: MFR (Multi Family Residential) and HDR-2 (High
Density Residential) 5 units per acre or more
Proposed use/density: Townhomes at 6.38 units per acre/Consistent
The proposed development is in conformity with the following plan policies
(objectives):
• Accommodate our diverse population by encouraging a compatible
mixture of housing types, densities and costs within the City.
• Encourage development of housing opportunities that enable residents
to have easier access to commercial services and employment
opportunities.
• Encourage housing policies, choices and patterns that increase
opportunities for people to move into affordable owner-occupied
housing.
• Support appropriate residential and non-residential infill development
and redevelopment in ways that complement surrounding areas.
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?
Since the last approval for a Senior Housing Use Permit in 2008 at a density
of 19.84 units per acre, the applicant has included additional acreage but
the amount of flood plain has increased on the site. The proposed density is
6.48 units per acre which is a significant decrease from the existing
approved zoning. In addition, there is a mixed use development under
construction on the east side of Bethany Bend in Forsyth County which
includes apartments, single family homes, and future commercial uses
directly across the street from the site. Lastly, there is a roundabout under
construction which will serve as the primary entrance and exit for the
development. Therefore, it is Staff’s opinion that these changed conditions
affect the use and development of the property which supports the
recommended approval of the proposed rezoning.
Prepared by the Community Development Department for the
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7. Whether the zoning proposal will permit a use which can be considered
environmentally adverse to the natural resources, environment and citizens
of the City of Milton?
The proposed use will not be environmentally adverse to the natural
resources, environment and citizens of the City due to the required
development regulations as it pertains to stormwater facilities, tree
recompense and open space requirements.
CONCLUSION
It is Staff’s opinion that the proposed rezoning from TR (Townhouse Residential)
and AG-1 (Agricultural) to TR (Townhouse Residential) to develop 54 townhomes
is consistent with the 2016 Future Land Use Plan Update and Plan Policies as well
as providing an appropriate transition from lower density to higher densities to the
north and east. Therefore, Staff recommends APPROVAL CONDITIONAL of RZ18-14
and APPROVAL CONDITIONAL of VC18-09, Part 1 and DENIAL of Parts 2 and 3.
Prepared by the Community Development Department for the
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1/3/2019 Page 21 of 22
R/A RZ08-08/U08-04
RECOMMENDED CONDITIONS
If this petition is approved by the Mayor and City Council, it should be TR
(Townhouse 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) Townhouse attached dwellings and accessory uses and structures.
b) No more than 54 total dwelling units at a maximum density of 6.38
units per acre, whichever is less, based on the total acreage zoned.
Approved lot/unit totals are not guaranteed. The developer is
responsible through site engineering (at the time of application for a
Land Disturbance Permit) to demonstrate that all lots/units within the
approved development meet or exceed all the development
standards of the City of Milton. The total lot/unit yield of the su bject
site shall be determined by this final engineering.
2) To the owner’s agreement to abide by the following:
a) Substantial compliance with the site plan received by the
Community Development Department on October 30, 2018, and
whereby the exact layout of the project may contain minor
deviations approved by the Community Development Director
provided the deviations remain consistent with the purpose and
intent of the Council’s approval of the petition. Notwithstanding the
contents of the site plan, the project must meet or exceed the
requirements of the Zoning Ordinance, all other applicable city
ordinances and these conditions. The site plan may be revised with
the approval of the Community Development Director in order to
comply with city codes and zoning conditions. 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
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3) To the owner’s agreement to the following site development
considerations:
a) Provide a 20 foot landscape buffer adjacent to property zoned TR
(Townhouse Residential) (Hidden Forest Subdivision) and provide a 35
foot landscape buffer where no alley is shown on the site plan
adjacent to property zoned TR (Townhouse Residential) and a 50 foot
undisturbed stream buffer adjacent to property zoned TR
(Townhouse Residential) (Hidden Forest Subdivision). Design and
plant selection shall be approved by the City Arborist.
(VC18-09, Part 1)
b) Provide a fence along the property line abutting single family
residential structures within Hidden Forest Subdivision as approved by
the Design Review Board.
4) To the owner’s agreement to abide by the following requirements, dedication,
and improvements:
a) Access to the site and frontage improvements shall be subject to the
approval of City of Milton Department of Public Works, prior to the
issuance of a Land Disturbance Permit, Subdivision Plat or Certificate
of Occupancy (whichever comes first). Entrance(s) and frontage
improvements shall conform to Chapter 48 Streets, Sidewalks and
Other Public Places of the City of Mil ton Code of Ordinances.
b) Provide sidewalks internal to development and along entire Bethany
Bend frontage connecting to existing infrastructure on adjacent
parcels as required and approved by City of Milton Department of
Public Works.
Page 1 of 6
ORDINANCE NO._______
PETITION NO. RZ18-14/VC18-09
STATE OF GEORGIA
COUNTY OF FULTON
AN ORDINANCE TO APPROVE A REZONING FROM TR (TOWNHOUSE RESIDENTIAL) AND
AG-1 (AGRICULTURAL) TO TR (TOWNHOUSE RESIDENTIAL) FOR 54 RESIDENTIAL UNITS
ON 8.46 ACRES LOCATED AT 3501, 3499, 3495 3485, AND 3475 BETHANY BEND.
BE IT ORDAINED by the City Council for the City of Milton, Georgia while in regular
session on January 23, 2019 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 on Bethany Bend consisting of a total of
approximately 8.46 acres as described in the attached legal description attached
hereto as Exhibit A, be approved for 54 residential units zoned TR (Townhouse
Residential) with conditions; and
SECTION 2. That the residential development in the attached conditions of
approval, be approved subject to the provisions in Article VI, Division 13, 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, as Exhibit B provided that any
conditions hereby approved (including any site plan) do not authorize the violation
of any district regulations; and
SECTION 4. 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 ; 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 23rd day of January, 2019.
Page 2 of 6
Approved:
______________________
Joe Lockwood, Mayor
Attest:
________________________________
Sudie Gordon, City Clerk
(Seal)
Page 3 of 6
EXHIBIT A
Page 4 of 6
EXHIBIT B
1) To the owner’s agreement to restrict the use of the subject property as
follows:
a) Townhouse attached dwellings and accessory uses and structures.
b) No more than 54 total dwelling units at a maximum density of 6.38 units
per acre, whichever is less, based on the total acreage zoned.
Approved lot/unit totals are not guaranteed. The developer is
responsible through site engineering (at the time of application for a
Land Disturbance Permit) to demonstrate that all lots/units within the
approved development meet or exceed all the development
standards of the City of Milton. The total lot/unit yield of the subject site
shall be determined by this final engineering.
2) To the owner’s agreement to abide by the following:
a) Substantial compliance with the site plan received by the
Community Development Department on October 30, 2018, and
whereby the exact layout of the project may contain minor deviations
approved by the Community Development Director provided the
deviations remain consistent with the purpose and intent of the
Council’s approval of the petition. Notwithstanding the contents of
the site plan, the project must meet or exceed the requirements of the
Zoning Ordinance, all other applicable city ordinances and these
conditions. The site plan may be revised with the approval of the
Community Development Director in order to comply with city codes
and zoning conditions. 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:
Page 5 of 6
a) Provide a 20 foot landscape buffer adjacent to property zoned TR
(Townhouse Residential) (Hidden Forest Subdivision) and provide a 35
foot landscape buffer where no alley is shown on the site plan
adjacent to property zoned TR (Townhouse Residential) and a 50 foot
undisturbed stream buffer adjacent to property zoned TR (Townhouse
Residential) (Hidden Forest Subdivision). Design and plant selection
shall be approved by the City Arborist.
(VC18-09, Part 1)
b) Provide a fence along the property line abutting single family
residential structures within Hidden Forest Subdivision as approved by
the Design Review Board.
4) To the owner’s agreement to abide by the following requirements, dedication,
and improvements:
a) Access to the site and frontage improvements shall be subject to the
approval of City of Milton Department of Public Works, prior to the
issuance of a Land Disturbance Permit, Subdivision Plat or Certificate of
Occupancy (whichever comes first). Entrance(s) and frontage
improvements shall conform to Chapter 48 Streets, Sidewalks and
Other Public Places of the City of Milton Code of Ordinances.
b) Provide sidewalks internal to development and along entire Bethany
Bend frontage connecting to existing infrastructure on adjacent
parcels as required and approved by City of Milton Department of
Public Works.
Page 6 of 6
SITE PLAN SUBMTITED ON OCTOBER 30, 2018
TO:
FROM:
MItTON'k
ESTABLISHED 2006
CITY COUNCIL AGENDA ITEM
City Council
DATE: January 3, 2019
1
Steven Krokoff, City Manager
AGENDA ITEM: Consideration of a Land Acquisition Agreement between the
City of Milton, Georgia and Residential and Commercial
Equities, LLC related to the Purchase of 21.08 acres, more or
less, consisting of G parcels located on the southwest corner
of the intersection of Freemanvilie Road and Birmingham
Road with a purchase price of $1.4M from greenspace bond
funds.
MEETING DATE: Monday, January 7, 2019 Regular City Council Meeting
BACKGROUND INFORMATION: (Attach additional pages if necessary)
See attached memorandum
APPROVAL BY CITY MANAGER: (,KAPPROVED (J NOT APPROVED
CITY ATTORNEY APPROVAL REQUIRED: () YES (, 40
CITY ATTORNEY REVIEW REQUIRED: () YES (4-'(qO
APPROVAL BY CITY ATTORNEY: () APPROVED [ J NOT APPROVED
PLACED ON AGENDA FOR: &I i &� � 7 4; 5
2006 Heritage Walk Milton, GA P: 678.242.25001 F: 678.242.2499 infaC@eityafmiltonga.us J www.dfyofn-Atonga.us
0000
AGREEMENT FOR SALE OF REALTY
THIS AGREEMENT FOR SALE OF REALTY (the "Agreement") is made and
entered into this day of January, 2019, by and between the CITY OF MILTON, a
Georgia municipal corporation ("Buyer'), and RESIDENTIAL AND COMMERCIAL
EQUITIES, LLC, a Georgia Limited Liability Company (referred to herein as "Seller").
AGREEMENT
1. The Buyer agrees to buy, and the Seller agrees to sell, all that tract or tracts of
land located at the intersection of Birmingham Road and Freernanville Road (Milton, Fulton
County, Georgia) and containing a total of 21.08 acres, more or less, described as follows:
All that tract or parcel of land lying and being in Land Lots 382, 41.0 and 411
of the 211 District, 2" Section, Fulton County Georgia, being Lots 1, 2, 3, 4, 5,
and 6, Belmont Farms Subdivision, as per plat recorded in Plat Book 275,
page 63, Fulton County records, said plat being incorporated herein by
reference thereto,
and otherwise known as the following Fulton County Tax Parcel(s) (six parcels total):
22 422003820362
22 422003820370
22 422004110383
22 4220041 1 0391
22 422004110409
22 422004110417
(a 2.14 -acre parcel)
(a 2.44 -acre parcel)
(a 4.12 -acre parcel)
(a 4.11 -acre parcel)
(a 4.16 -acre parcel)
(a 4.1 ]-acre parcel)
and including all structures, fixtures and appurtenances attached thereto (hereinafter referred to
as the "Property„).
2. Purchase Price. The purchase price of the Property shall be ONE MILLION
FOUR HUNDRED THOUSAND U.S. DOLLARS ($1,400,000.00).
3. Earnest Money. Buyer shall deliver to Seller within TWO (2) business days of
Buyer's execution of this Agreement, Buyer's check in the amount of THIRTY-FIVE
THOUSAND AND NO/100 DOLLARS ($35,000.40) as Earnest Money. At the Closing, the
Earnest Money shall be applied and credited in reduction of the Purchase Price for the Property.
If Buyer shall validly exercise any right or option of Buyer under this Agreement to terminate
this Agreement, on or before the expiration of the Due Diligence period, then Seller shall
immediately refund the Earnest Money to Buyer, less the consideration amount of One Hundred
and Noll 00 Dollars ($100.00) to Seiler, whereupon this Agreement shall terminate and the
parties shall have no further rights, duties or obligations under this Agreement.
Upon execution of this Agreement, Seller shall provide a completed IRS Form W-9 (a
form of which is included herewith) to Buyer to facilitate the processing of any and all payments
hereunder, including the Earnest Money. Buyer's obligation to pay Earnest Money shall not arise
until Buyer has received a completed IRS Form W-9 from Seiler.
4. Due Diligence. The Buyer shall have a NINETY (90) day Due Diligence period
commencing immediately upon execution of this Agreement. During the Due Diligence period,
the Buyer may enter the property and may conduct geotechnical and environmental testing,
including but not limited to soil borings, and may otherwise generally insPect the Property, to
include surveying same, and may terminate this Agreement with or without cause, and in the
event of such termination Buyer shall receive a full refund of the Earnest Money. At the
conclusion of the Due Diligence period, the Buyer's right to terminate as described in this
Section shall expire. Buyer shall procure, at Buyer's cost, a written title opinion establishing that
title to the Property is good, insurable, and marketable, and vested in Seller. Buyer, after
examining said title opinion, shall notify Seller of any defects or unacceptable exceptions thereto
a
at least FIVE (5) days prior to the end of the Due Diligence period. Upon receipt by Seller of
such notice, Seller shall, within THREE (3) days provide notice to Buyer that Seller shall satisfy,
at Seller's expense, all monetary encumbrances affecting the Property (and all of Seller's
obligations under or relating to each of the foregoing shall be paid and performed as and when
due at or prior to the Closing); and either (a) in good faith diligently endeavor to satisfy or
correct, at Seller's expense, any other title objections affecting the Property; or (b) refuse to
satisfy any or all title objections, whereupon this Agreement shall terminate, Seller shall return
Earnest Money to Buyer, and the parties shall have no further rights, duties or obligations under
this Agreement. Notwithstanding anything to the contrary contained herein, Seller shall have no
obligation to cure any title objection, other than the monetary encumbrances.
It is agreed that such papers that may be legally necessary to carry out the terms of this
Agreement shall be executed and delivered by the parties prior to closing. If the Buyer shall
decline to accept the Property due to a title defect or other exception to title that is not cured by
the Seller as per above, then this Agreement shall be null and void, whereupon the parties hereto
shall have no further rights, duties, obligations, or liabilities to one another hereunder, and Buyer
shall receive a full refund of the Earnest Money.
S. Markccablc '1-itic. sub_joct to Paragraph 4 of this .A�rcc[nens, Scllcr it�l-cGs tV
furnish to the Buyer good, insurable, and marketable title to the Property. For the purposes of
this Agreement, "good, insurable, and marketable title" shall mean fee simple ownership which
is. (i) free from all claims, liens, and monetary encumbrances of any kind or nature whatsoever
other than permitted exceptions expressly agreed to in writing by the Buyer; (ii) insurable by a
reputable title insurance company at then -current standard rates under the standard form of
ALTA owner's policy of title insurance with all standard or printed exceptions therein deleted
3
and without exception other than. for permitted exceptions expressly agreed to in writing ley
Buyer, The Property is sold subject only to the valid and agreed. upon exceptions to title
disclosedto the Buyer as of the date. of closing and as presented in. accordance with this
Agreement.
d.. `AAs -Is." Except for Seller's express written .agreement and written
representations contained herein, and Seller's Property disclmres; if :any; Purchaser is
purchasing the Property "AS -IS," in its: present condition and with all defects apparent or not
apparent, Buyer represen#s, to the best of its knowledge and belief, that:
a. There are no environmental liens .filed or recorded against. the Property;
b. There are no -specific chemicals that are present or once were present, no spills
or other chemical releases, no environmental cleanups, and no obvious indicators that point to
the presence or likely presence of chemical releases at the Property;. and
c. There are no activity and use limitations, such asengineering controls, landuse
restrictions or institutional controls (other than limitations based on local. Zoning laws) that. are in
place. at the Property andlor.have been.filed or recorded against the Property.
7, Public Hearin. Prior to closing on the Property, the Seller acknowledges that the
Buyor may hold a. public hoaring with raspeut to this .purchase: w19nrein the details of said.
Purchase may be revealedin an open forum.
8. Closing Date. A closirig shall be conducted within THIRTY {30.} days of the
conclusion of the Due: Diligence period described in Section 4, including .any extensions as
contemplated therein. Title to the Property shall transfer at the time of closing. At theclosing,
the Seller shall deliver to the Buyer a Limited. Warranty. Deedto the .Property conveying good,
insurable, and marketable title to the Property, and all. of Seller's interest in mineral and .stab -
a
surface rights (if any), with the hereditaments and appurtenances, to the Buyer and its assigns, in
fee simple, free and clear of all liens, encumbrances, or exceptions on all or any part of the
Property, except for easements, restrictions, and other exceptions of record, together with ail
right, title, and interest of the Seller in and.to the Property and subject to Paragraph 4 of this
Agreement.
9, Taxes. All taxes, assessments, and encumbrances which are a lien against the
Property and are due and payable at the time of conveyance to the Buyer shall be satisfied by the
Seller. Real estate taxes which are a lien (but are not yet due and payable) will be prorated as of
the date of closing. The Seiler will pay the documentary revenue stamp tax or transfer,
conveyance or recordation tax, assessment or charge, if any.
10. Risk of Loss. All risk of loss or damage to the Property will pass from the Seller
to the Buyer at closing. In the event that loss or damage occurs to the Property prior to closing,
the Buyer may, without liability, refuse to accept the conveyance of title and receive a full refund
of the Earnest Money, or it alternatively may elect to accept the conveyance of title to the
Property "AS IS." The Seller shall deliver possession of the Property to the Buyer at the time of
closing.
1 E. Right n£ 1~: nt The Huyer may vntcr upon the i}rc�party aY rcasonablc times £ar
surveying and other reasonable purposes related to this transaction from the date of execution of
this Agreement, through and including the time of delivery of possession of the Property to the
Buyer by the Seller. This right of entry is in addition to those Due Diligence period rights as
identified in paragraph 4 above. The Buyer's entry upon the Property in accordance with this
paragraph shall be undertaken in such a manner so as to not unreasonably interfere with Seller's
ongoing operations or in such a manner as would do permanent or long-term damage to the
Property.
12. Preservation of Property. The Seller agrees that the Property shall remain as it
now is until the delivery of possession of the Property by the Seller to the Buyer, and that the
Seller will prevent and refrain from any use of the Property for any purpose or in any manner
which would adversely affect the Buyer's use and enjoyment of the Property in the future. In the
event of such actions, the Buyer may, without liability, refuse to accept the conveyance of title
and receive a full refund of the Earnest Money, or the Buyer alternatively may elect to accept
conveyance of title to the Property.
13. Specific Performance. The parties agree that in the event of a breach hereof by the
Seller (i.e., the refusal to execute the deed at closing or to deliver possession of the Property to
the Buyer at the appointed tithe), damages will be inadequate, and therefore the court having
jurisdiction herein may award the Buyer specific performance in lieu of damages or any other
remedies allowed by law.
14. Binding Effect. The agreements set forth herein are to apply to and bind the heirs,
executors, administrators, successors, personal representatives and assigns of the Seller.
I5- Fina[ A rrcxncrit. 'Phis .4,Srccnicnt terminates and supersedes a[[ prior
understandings or agreements on the subject matter hereof. This Agreement may be modified
only by a further writing that is duly executed by both parties.
16. Severability. If any paragraph, subparagraph, sentence, clause, phrase, or any
portion of this Agreement shall be declared invalid or unconstitutional by any court of competent
jurisdiction or if the provisions of any part of this Agreement as applied to any particular
situation or set of circumstances shall be declared invalid or unconstitutional, such invalidity
6
shall not be construed to. affect the. portions of this.Agreement not held to be invalid. It is hereby
declared to be the intent of the parties to provide for separable and divisible parts, and they do
hereby adopt any and all .parts hereof as may not beheld Invalid for any reason.
17. Governing Law, ThisAgreement shall be governed, construed and interpreted.by,
through and under the Laws of the State of Georgia, including but not limited to the Georgia
Open Meetings Act (O.0-G.A. § 50-14-1 et seq) and the Georgia Open Records Act (G.GG.A. §
5O- 18-70 et seq.).
18. Broker or Agen . Buyer and Seller each hereby represent and warrant to the. other
that they have not dealt with .any real estate broker, agent or salesman so as to create any legal
right or claim in any such broker, agent or salesman for a real estate commission or sirnilar fee or
compensation with respect to the negotiation and/or consummation of this Agreement or the
conveyance of the Property by Seller to. Buyer. Buyer and Seller hereby indemnify each other
against. and agree. to Bold each: other harmless from, any liability or claim (and all expenses,
including:attorneys' fees, incurred 'in defending. any such claim or in enforcing this indemnity)
far a real estate broiCerage. commission or similar fee; or compensationarising out of or in any
way connected with any claimed dealings with the indemnitor and relating to this Agreement or
the purchase acid sale nf'the Property by and to Buyer.
I9, Authority. By .executing below,. the individuals represent. that they are duly
authorized to fully -bind the Buyer and the Seller respectivelyto. the terms and conditions of this
Agreement.
[Signature Pages l"ollow7
IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and
year first written above (the "Effective Date"), which shall be the date this Agreement is
approved by the Milton City Council.
SELLER:
RESIDENTIAL AND COMMERCIAL
EQUITIES, LLC, a Georgia Limited
Liability Company
By:
Printed Name:
Title:DI� -//l o ��Z—
SIGNED, SEALED, AND DELIVERED
ine presence of:
Witness ---
Notary Public
[NOTARY SEAL]..,tY
.0�
My Commission Expires:PP\3%
•'��ji 7'O h1 C,
[Signa f4i't16 roue on Following Page(s)]
[Signatures Continued from Previous Page]
SIGNED, SEALED, ANIS ]DELIVERED
in the presence of:
Witness
Notary Public
[NOTARY SEAL]
My Commission. Expires:
BUYER:
CITY OF MILTON, GEORGIA
MM
9
he Lo&wood, Mayor
[CITY SEAL]