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Home My WebLink AboutAgenda Packet CC - 04/08/2019 - 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, April 8, 2019 Regular Council Meeting Agenda 6:00 PM INVOCATION – Reverend Monsignor Peter J. Rau - St. Peter Chanel Catholic Church, Roswell, GA 1) CALL TO ORDER 2) ROLL CALL 3) PLEDGE OF ALLEGIANCE (Led by Mayor Joe Lockwood) 4) APPROVAL OF MEETING AGENDA (Add or remove items from the agenda) (Agenda Item No. 19-068) 5) PUBLIC COMMENT (General) MILTON CITY COUNCIL REGULAR COUNCIL MEETING APRIL 8, 2019 Page 2 of 5 6) CONSENT AGENDA 1. Approval of the March 18, 2019 City Council Meeting Minutes. (Agenda Item No. 19-069) (Sudie Gordon, City Clerk) 2. Approval of the Financial Statements and Investment Report for the Period Ending February 2019. (Agenda Item No. 19-070) (Bernadette Harvill, Finance Director) 3. Approval of Change Order #2 to a Professional Services Agreement between the City of Milton and InterDev, LLC. (Agenda Item No. 19-071) (Stacey Inglis, Assistant City Manager) 4. Approval of a Construction Services Agreement between the City of Milton and Quintech Solutions Inc. for the Demolition Project at 983 Lackey Road (also known as 1000 Lackey Road). (Agenda Item No. 19-072) (Sara Leaders, Interim Public Works Director) 5. Approval of a Professional Services Agreement between the City of Milton and the Mercer Group to Provide Consulting Services for the Recruitment of the Director of Public Works Position. (Agenda Item No. 19-073) (Sam Trager, Human Resources Director) 6. Approval of Easement Agreements for Drainage Areas with West Birmingham Road Culvert Replacement Project. (Agenda Item No. 19-074) (Sara Leaders, Interim Public Works Director) 7) REPORTS AND PRESENTATIONS 1. Proclamation Honoring Jon McPhail for His Work and Service as an Environmental Champion in the City of Milton. (Presented by Mayor Joe Lockwood) 2. Recognition of Milton Citizens Government Academy Graduates, 3rd Cohort. (Presented by Courtney Spriggs, Community Outreach Manager ) MILTON CITY COUNCIL REGULAR COUNCIL MEETING APRIL 8, 2019 Page 3 of 5 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) (First Presentation at January 7, 2019 City Council Meeting) (Deferred back to Planning Commission at January 23, 2019 City Counci l Meeting) (Parag Agrawal, Community Development Director) 2. Consideration of an Ordinance to Amend Chapter 2, Article VI, Division 6 – Cell Phones and Other Electronic Devices. (Agenda Item No. 19-075) (Stacey Inglis, Assistant City Manager) 3. Consideration of an Ordinance to Revise Chapter 46, Article III, Division 4, Section 46-123 (“Acceptance by Company”) to Make Minor Administrative Changes Including Updating the Address of City Hall. (Agenda Item No. 19-076) (Parag Agrawal, Community Development Director) 9) PUBLIC HEARING (None) 10) ZONING AGENDA (None) 11) UNFINISHED BUSINESS 1. Consideration of an Ordinance to Revise Article III – Officers and Employees, Division 2 – Travel and Meal Expenditure Policy. (Agenda Item No. 19-060) (First Presentation at March 18, 2019 City Council Meeting) (Sam Trager, Human Resources Director) MILTON CITY COUNCIL REGULAR COUNCIL MEETING APRIL 8, 2019 Page 4 of 5 2. Consideration of an Ordinance to Amend Chapter 2, Article VI, Division 3 to Revise the City’s Budgetary Policy Regarding Budget Stabilization Resources and Utilization of Prior Year’s Fund Balance. (Agenda Item No. 19-061) (First Presentation at March 18, 2019 City Council Meeting) (Stacey Inglis, Assistant City Manager) 3. Consideration of an Ordinance to Amend Appendix A, Parks and Recreation Fees and Other Charges, Chapter 34, Section 24 of the Milton City Code. (Agenda Item No. 19-062) (First Presentation at March 18, 2019 City Council Meeting) (Jim Cregge, Parks & Recreation Director) 12) NEW BUSINESS 1. Consideration of a Resolution to Dispose of Certain Golf Cart Easements Across Private Parcels Abutting the Former Milton Country Club Property. (Agenda Item No. 19-077) (Parag Agrawal, Community Development Director) 2 Consideration of Approval of Continued Collection of Hotel/Motel Taxes from On-Line Travel Companies by Class Counsel Beyond December 2020 in City of Rome v. Hotels.com Class Action. (Agenda Item No. 19-078) (Ken Jarrard, City Attorney) 3. Consideration of Two Related Agreements for Purchase of Realty between the City of Milton and Bolivar Aviles-Alfaro, Jr., Trustee; Anna Maria Aviles McCaa, Trustee; and Esmeralda Aviles Wells for Fulton Tax Parcel No. 22 446009590380, 0 Bethany Road (4.99 Acres), and between the City of Milton and James R. Wells for Fulton Tax Parcel Nos. 22 446009600296, 0 Bethany Road (32.16 Acres), 22 445008880198, 0 Bethany Road (35.72 Acres), 22 446009600544, 0 Bethany Road (3.79 Acres), 22 462009610532, 13522 Providence Road (11.95 Acres), all parcels containing a total of 88.61 acres, more or less, for a total combined purchase price of $5,720,000. (Agenda Item No. 19-079) (Ken Jarrard, City Attorney) MILTON CITY COUNCIL REGULAR COUNCIL MEETING APRIL 8, 2019 Page 5 of 5 13) MAYOR AND COUNCIL REPORTS STAFF REPORTS Department Updates 1. Public Works 2. Human Resources 14) EXECUTIVE SESSION (if needed) 15) ADJOURNMENT (Agenda Item No. 19-080) TO: MILTON, k ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM City Council DATE: April 2, 2019 FROM: Steven Krokoff, City Manager " l AGENDA ITEM: Approval of the Financial Statements and Investment Report for the Period Ending February 2019. MEETING DATE: Monday, April 8, 2019 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: ( PPROVED (J NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: () YES CITY ATTORNEY REVIEW REQUIRED: () YES APPROVAL BY CITY ATTORNEY: () APPROVED PLACED ON AGENDA FOR: () NOT APPROVED 2006 Heritage Walk Milton, GA P: 678.242.25001 F: 678.242.2499 info@cityofmiltonga.us I www.cityofmiltonga.us 0000 To: Honorable Mayor and City Council Members From: Bernadette Harvill, Finance Director Date: Submitted on April 2, 2019 for the April 8, 2019 Regular Council Meeting Agenda Item: Financial Statements & Investment Report for Period 5 – February 2019 Overview and Financial Highlights: General Fund Revenue collections for the General Fund are 7.79% over what is anticipated for the fifth period of the fiscal year. Total expenditures to-date are $11,992,190 and are 5.56% 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 $13,160,603, capital expenditures-to-date total $1,745,408. 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 February 2019 Actual Budgeted Variance over/(under)Actual Budgeted Variance over/(under) Property Tax 11,850,115 95,603 119,252 (23,648) 11,516,181 10,920,344 595,837 Motor Vehicle Tax 462,045 52,587 38,187 14,400 194,757 152,748 42,009 Intangible Tax 215,000 11,316 17,917 (6,601) 65,316 71,667 (6,350) Real Estate Transfer Tax 100,000 4,350 8,333 (3,984) 29,253 33,333 (4,080) Franchise Fees 2,039,340 280,527 280,030 496 753,072 692,443 60,629 Local Option Sales Tax 9,100,000 748,812 758,333 (9,521) 3,301,806 3,033,333 268,473 Alcohol Beverage Excise Tax 310,000 22,408 25,833 (3,425) 104,854 103,333 1,520 Business & Occupation Tax 810,000 163,125 162,000 1,125 281,032 243,000 38,032 Insurance Premium Tax 2,000,000 - - - - - - Financial Institution Tax 40,000 6,915 3,332 3,583 6,915 16,660 (9,745) Penalties & Interest 22,000 1,724 975 749 12,354 6,875 5,479 Alcohol Beverage Licenses 155,000 1,165 1,550 (385) 164,082 148,800 15,282 Other Non-Business Permits/Licenses 24,900 2,624 1,949 674 15,301 10,247 5,054 Zoning & Land Disturbance Permits 15,350 8,180 1,279 6,901 55,562 6,393 49,169 Building Permits 335,000 38,253 20,100 18,153 142,601 127,300 15,301 Intergovernmental Revenue - - - - - - - Other Charges for Service 505,800 73,748 76,116 (2,367) 214,986 223,370 (8,384) Municipal Court Fines 350,000 32,347 29,155 3,192 185,618 145,775 39,843 Interest Earnings 76,000 37,899 6,331 31,568 158,051 31,654 126,397 Contributions & Donations - - - - 7,244 - 7,244 Other Revenue 79,750 4,505 4,163 342 24,266 15,597 8,669 Other Financing Sources 37,000 - - - - 5,000 (5,000) Total Revenues 28,527,300 1,586,088 1,554,836 31,252 17,233,252 15,987,873 1,245,379 Actual Budgeted Variance over/(under)Actual Budgeted Variance over/(under) Mayor and Council 178,229 8,561 10,257 (1,696) 55,890 62,742 (6,851) City Clerk 231,569 14,566 18,907 (4,341) 81,986 93,547 (11,561) City Manager 748,114 66,677 57,299 9,378 309,985 304,046 5,939 General Administration 65,899 3,084 5,351 (2,267) 17,076 27,824 (10,748) Finance 551,705 57,379 54,819 2,560 231,248 250,930 (19,682) Legal 295,000 23,423 24,583 (1,160) 157,046 122,917 34,129 Information Technology 970,225 70,801 76,814 (6,013) 396,571 398,092 (1,521) Human Resources 332,177 21,271 22,118 (847) 113,012 119,079 (6,067) Risk Management 272,707 156 1,083 (927) 131,862 161,239 (29,377) General Government Buildings 222,928 13,308 18,570 (5,261) 81,083 92,849 (11,766) Communications 286,891 15,513 22,484 (6,972) 65,530 116,183 (50,653) Community Outreach & Engagement 128,746 9,276 9,720 (444) 47,892 52,214 (4,322) Municipal Court 457,531 35,144 36,056 (912) 173,028 183,751 (10,722) Police 5,115,625 316,969 385,806 (68,837) 1,923,734 2,159,198 (235,464) Fire 7,214,381 495,079 518,090 (23,012) 2,968,415 3,106,033 (137,618) Public Works 2,602,407 204,074 191,983 12,091 956,430 1,044,747 (88,317) Parks & Recreation 1,411,493 518,013 507,679 10,334 727,552 775,512 (47,960) Community Development 1,217,865 76,110 82,643 (6,532) 360,047 415,490 (55,443) Economic Development 220,859 10,237 16,919 (6,682) 103,377 121,733 (18,356) Debt Service 852,436 - - - 743,600 743,600 - Operating Transfers to Other Funds 5,632,380 469,365 469,365 - 2,346,825 2,346,825 - Operating Reserve 233,768 - - - - - - Total expenditures 29,242,935 2,429,005 2,530,545 (101,541)11,992,190 12,698,551 (706,361) Net Income/(Loss)(715,635)(842,918)5,241,063 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 -$ 364$ 992$ 992$ Summer Event Vendor Fee - - - - Interest Revenues - 2 8 8 Crabapple Fest Sponsor 15,000 - 13,375 (1,625) Earth Day Sponsor - - - - Summer Event Sponsor 2,000 - - (2,000) Private Entity Contributions - - - - Gas South Partnership - 112 746 746 Total revenues 17,000$ 478$ 15,121$ (1,879)$ EXPENDITURES Current: Special Events 104,348$ 395$ 41,256$ 63,092$ Total Expenditures 104,348$ 395$ 41,256$ 63,092$ OTHER FINANCING SOURCES (USES) Transfers in from General Fund -$ -$ -$ -$ Transfers in from Hotel/Motel Tax Fund 75,000 13,051$ 25,099 (49,901) Total other financing sources and uses 75,000$ 13,051$ 25,099$ (49,901)$ Net change in fund balances (12,348)$ (1,036)$ City of Milton Special Events Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended February 28, 2019 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 14 14 Realized Gain on Investments/State Funds - - - - Proceeds of Sale of Assets - - 3,500 3,500 Total revenues -$ 3$ 12,533$ 12,533$ EXPENDITURES Current: Police 83,815$ -$ 8,150$ 75,665$ Total Expenditures 83,815$ -$ 8,150$ 75,665$ OTHER FINANCING SOURCES (USES) Transfers in from General Fund -$ -$ -$ -$ Total other financing sources and uses -$ -$ -$ -$ Net change in fund balances (83,815)$ 4,383$ City of Milton Confiscated Assets Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended February 28, 2019 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$ 176$ 226,980$ (723,020)$ Interest Revenue - - - - Total revenues 950,000$ 176$ 226,980$ (723,020)$ EXPENDITURES Current: Public Safety 950,000$ -$ 71,370$ 878,630$ Total Expenditures 950,000$ -$ 71,370$ 878,630$ OTHER FINANCING SOURCES (USES) Unallocated -$ -$ -$ -$ Transfers out to Capital Projects - - - - Net change in fund balances -$ 155,611$ City of Milton E-911 Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended February 28, 2019 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$ 13,051$ 25,099$ (49,901)$ Total revenues 75,000$ 13,051$ 25,099$ (49,901)$ OTHER FINANCING SOURCES (USES) Transfers out to Special Events Fund 75,000$ 13,051$ 25,099$ (49,901)$ Total other financing sources and uses 75,000$ 13,051$ 25,099$ (49,901)$ 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 February 28, 2019 6 of 13 Original Budgeted Amounts Amended 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$ 110,000$ 2,212$ 39,220$ 39,220$ (70,780)$ Infrastructure Maint Penalty & Interest - - - 366 366 366 Sidewalk Replacement Account - - - - - - Paving Fund - - - - - - Traffic Calming - - - 8,700 8,700 8,700 Tree Recompense - - 3,000 3,328 3,328 3,328 Landfill Host Fees 150,000 150,000 - 11,657 11,657 (138,343) Interest Revenue - - 45 211 211 211 Realized Gain or Loss on Investments - - - - - - Cell Tower Lease 79,404 79,404 6,704 33,348 33,348 (46,056) Insurance Proceeds/Public Safety - - - 8,175 8,175 8,175 Total revenues 339,404$ 339,404$ 11,961$ 105,005$ 105,005$ (234,399)$ EXPENDITURES Capital Outlay City Council 909,494$ 909,494$ -$ -$ -$ 909,494$ General Admin 13,762 13,762 - - - 13,762 Finance 250,000 250,000 - - - 250,000 IT 462,824 462,824 - 372,465 430,774 32,049 General Govt Bldg 482,739 482,739 3,935 233,907 268,994 213,746 Police 250,644 250,644 108,591 108,591 239,911 10,733 Fire 1,684,088 1,747,965 8,812 587,668 653,029 1,094,936 Public Works 7,081,087 7,081,087 11,632 300,660 2,917,611 4,163,476 Parks & Recreation 1,350,420 1,350,420 4,255 110,859 182,233 1,168,187 Community Development 611,668 611,668 2,476 31,257 442,832 168,836 Total Capital Outlay 13,096,726$ 13,160,603$ 139,701$ 1,745,408$ 5,135,384$ 8,025,219$ Excess of revenues over expenditures (12,757,322)$ (12,821,199)$ (127,740)$ (1,640,403)$ (5,030,379)$ (8,259,619)$ OTHER FINANCING SOURCES (USES) Transfers in from General Fund 5,332,380$ 5,332,380$ 444,365$ 2,221,825$ 2,221,825$ (3,110,555)$ Contingencies (164,048) (100,171) - - - 100,171 Total other financing sources and uses 5,168,332$ 5,232,209$ 444,365$ 2,221,825$ 2,221,825$ (3,010,384)$ Net change in fund balances (7,588,990)$ (7,588,990) 581,422$ (2,808,554)$ City of Milton Capital Project Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended February 28, 2019 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$ 10,361$ 1,728,703$ 1,728,703$ 56,864$ Real Property Tax-Prior Year - 69 248 248 248 Public Utility Tax-Current Year - 4,031 4,031 4,031 4,031 Personal Property Tax-Current Year 28,684 67 27,350 27,350 (1,334) Personal Property Tax-Prior Year - - 2 2 2 Motor Vehicle Tax 8,903 1,060 3,962 3,962 (4,941) Penalties & Interest - Real Property - 224 1,263 1,263 1,263 Penalties & Interest - Personal Property - 1 51 51 51 Intergovernmental Revenues - - - - - Interest Revenue (Regions)100,000 33,029 137,132 137,132 37,132 Interest Revenue (SunTrust)- 48 161 161 161 Bond Proceeds - - - - - Total revenues 1,809,426$ 48,889$ 1,902,902$ 1,902,902$ 93,476$ EXPENDITURES Capital Outlay Parks & Recreation 20,359,167$ 35,579$ 3,814,045$ 3,839,484$ 16,519,683$ Bond Principal 810,000 - - - 810,000 Bond Interest 899,375 - 449,688 449,688 449,688 Total Capital Outlay 22,068,542$ 35,579$ 4,263,732$ 4,289,172$ 17,804,810$ Excess of revenues over expenditures (20,259,116)$ 13,310$ (2,360,830)$ (2,386,269)$ 17,898,287$ Net change in fund balances (20,259,116)$ (2,360,830)$ (2,386,269)$ City of Milton Greenspace Bond Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended February 28, 2019 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$ 519,358$ 2,301,167$ 2,301,167$ (3,698,833) Interest Revenues - 39 245 245 245 Realized Gain or Loss (GA Fund 1)10,800 16,961 76,150 76,150 65,350 Total revenues 6,010,800$ 536,358$ 2,377,562$ 2,377,562$ (3,633,238)$ EXPENDITURES Capital Outlay Public Works 12,369,842$ 59,198$ 253,007$ 3,418,164$ 8,951,678 Total Capital Outlay 12,369,842$ 59,198$ 253,007$ 3,418,164$ 8,951,678$ Excess of revenues over expenditures (6,359,042)$ 477,160$ 2,124,555$ (1,040,602)$ 5,318,440$ 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)$ 2,124,555$ (1,040,602)$ 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 February 28, 2019 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 - 405,528 405,528 0 GDOT HPP Funds - - - - - GDOT-Signage/Landscaping - - - - - Interest Revenues - 28 78 78 78 Total revenues 567,878$ 28$ 405,606$ 405,606$ (162,271)$ EXPENDITURES Capital Outlay Public Works 1,116,514$ -$ 36,062$ 107,389$ 1,009,124$ Total Capital Outlay 1,116,514$ -$ 36,062$ 107,389$ 1,009,124$ Excess of revenues over expenditures (548,636)$ 28$ 369,545$ 298,217$ 846,853$ OTHER FINANCING SOURCES (USES) Transfers in from General Fund 300,000$ 25,000$ 125,000$ 125,000$ (175,000)$ Total other financing sources and uses 300,000$ 25,000$ 125,000$ 125,000$ (175,000)$ Net change in fund balances (248,636)$ 494,545$ 423,217$ City of Milton Capital Grant Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended February 28, 2019 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$ 3,389$ 14,010$ 14,010$ (12,990)$ Law Enforcement Fund 13,000 1,423 5,881 5,881 (7,119) Fire Fund 72,500 8,154 33,701 33,701 (38,799) Road Fund 120,000 10,175 42,058 42,058 (77,942) Park Fund 650,000 93,227 385,336 385,336 (264,664) Interest Revenues/Admin Fund - 3 10 10 10 Interest Revenues/Law Enforcement Fund - 1 4 4 4 Interest Revenues/Fire Fund - 6 25 25 25 Interest Revenues/Road Fund - 8 31 31 31 Interest Revenues/Park Fund - 70 282 282 282 Total revenues 882,500$ 116,455$ 481,338$ 481,338$ (401,162)$ 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 - 12,760 12,760 2,069,225 Total Capital Outlay 2,586,655$ -$ 12,760$ 12,760$ 2,573,895$ Excess of revenues over expenditures (1,704,155)$ 116,455$ 468,578$ 468,578$ 2,172,734$ 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)$ 468,578$ 468,578$ City of Milton Capital Projects Fund - Impact Fees Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended February 28, 2019 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 February 28, 2019 12 of 13 Amount Percent Yield Money Market - Quantum Bank 7,232,868 24%2.51% GA Fund 1 13,703,235 46%2.43% GA Fund 1 (TSPLOST)9,105,762 30%2.43% Grand Total Investment Portfolio 30,041,865 100% Current Month YTD Current Month YTD Interest earned 37,795 157,113 16,961 76,150 Budgeted interest 6,250 31,250 900 4,500 Variance over/(under)31,545 125,863 16,061 71,650 General Fund TSPLOST Fund City of Milton Investment Portfolio Month Ending February 28, 2019 13 of 13 MILTOr I, r AGENDA ITEM: MEETING DATE ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM City Council DATE: April 2, 2019 Steven Krokoff, City Manager �7 Approval of Change Order #2 to a Professional Services Agreement between the City of Milton and InterDev, LLC. Monday, April 8, 2019 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (rAPPROVED CITY ATTORNEY APPROVAL REQUIRED: (�ES, CITY ATTORNEY REVIEW REQUIRED: ( APPROVAL BY CITY ATTORNEY: (VIKIPPROVED PLACED ON AGENDA FOR: i ) p, VI 1 (J NOT APPROVED () NO () NO (J NOT APPROVED 2006 Heritage Walk Milton, GA P: 678.242.25001 F: 678.242.2499 info@cityofmiltonga.us I www.cityofmiltonga.us 0000 To: Honorable Mayor and City Council Members From: Stacey Inglis, Assistant City Manager Date: Submitted March 28, 2019 for the April 8, 2019 Regular City Council Meeting Agenda Item: Consideration of a Resolution of the City of Milton Authorizing Change Order #2 to the Professional Services Agreement Between the City of Milton and InterDev, LLC to Increase GIS Services Provided Project Description: On October 22, 2018, the City of Milton entered into a professional services agreement (PSA) with InterDev, LLC to provide comprehensive IT and GIS managed services. Through this agreement, InterDev provides a GIS Analyst three days a week to support our in-house GIS Manager. The level of expertise we’ve gained with bringing InterDev on is greater than what we anticipated, which has allowed management to envision the true potential of incorporating GIS into many different projects and processes. For instance, by integrating GIS into the processes that flow through multiple departments (such as special event permits, business and alcohol licenses, and permitting and plan review), improvement in the lead time for review and/or approval of the permits can result. We can also provide additional levels of transparency for our community by pushing this information to the GIS MOD. The demands on GIS are ever-increasing and we feel an amendment to the PSA is necessary to not only keep up with the workload, but to also implement innovative ways that can create efficiencies in our operations and increase the level of service provided to our community. We are asking for a change order to the PSA that will add two more days of GIS support. The overall cost for one GIS Analyst FTE is $12,333 per month, a $3,416 increase per month over the current contract. Procurement Summary: Purchasing method used: Contract Addendum Account Number: 100-1535-523850127 Requisition Total: $20,496 for the remaining months in FY 2019 Vendor DBA: InterDev, LLC Financial Review: Bernadette Harvill, April 2, 2019 Legal Review: Sam VanVolkenburg, Jarrard & Davis LLP, March 29, 2019 Attachment(s): Change Order #2 1 CHANGE ORDER #2 FOR PROFESSIONAL SERVICES AGREEMENT Comprehensive Managed IT and GIS services WHEREAS, the City of Milton, Georgia and InterDev, LLC, have entered into a Professional Services Agreement dated October 22, 2018, incorporated herein by reference, as subsequently amended by a Change Order #1 (collectively the “Agreement”); and WHEREAS, the parties desire to change the Maximum Contract Price of the Agreement and add to the Agreement Scope of Work, it being to the mutual benefit of all parties to do so; NOW THEREFORE, the parties agree to amend the Agreement as follows: 1. Exhibit B is amended by replacing GIS Analyst II Support level of “3 Days/Week” with “5 Days/Week” and replacing the Monthly Cost of GIS Analysis II support of “$8,917” with “12,333”. 2. Section III.B is amended to update the cost for standard GIS services provided from $8,917/month to $12,333/month, the total monthly cost from $34,051 to $37,467 and the total annual cost from $327,459 to $347,955. 3. InterDev agrees that the E-verify-related provisions (including affidavits) of the Agreement shall apply equally to the added services. 4. All other provisions of the Agreement not inconsistent with this Change Order #2 shall remain in full force and effect. 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. [SIGNATURES ON FOLLOWING PAGE] 2 CONTRACTOR: INTERDEV, LLC By: ________________________________________ Print Name: _________________________________ Its: President/Vice President (Corporation) Date: _________________________________ [CORPORATE SEAL] Attest/Witness: ____________________________________________ Print Name: ___________________________________ Its: ______________________________________ ((Assistant) Corporate Secretary if corporation) CITY OF MILTON, GEORGIA By: ___________________________________ Joe Lockwood, Mayor [CITY SEAL] Date: _________________________________ Attest: ____________________________________ Print Name: Sudie Gordon Its: City Clerk Approved as to form: ____________________________________ City Attorney MILTON, k ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: April 2, 2019 FROM: Steven Krokoff, City Manager ` AGENDA ITEM: Approval of a Construction Services Agreement between the City of Milton and Quintech Solutions Inc. for the Demolition Project at 983 Lackey Road (also known as 1000 Lackey Road). MEETING DATE: Monday, April 8, 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: (/ES (J NO CITY ATTORNEY REVIEW REQUIRED: ( ES (J NO APPROVAL BY CITY ATTORNEY: () APPROVED (J NOT APPROVED PLACED ON AGENDA FOR: �Vq II1 2006 Heritage Walk Milton, GA P: 678.242.25001 F: 678.242.2499 info@cityofmiltonga.us I www.cifyotmiltonga.us To: Honorable Mayor and City Council Members From: Matthew Fallstrom, Capital Projects Manager Date: Submitted on March 29th, 2019 for the April 8th, 2019 Regular City Council Meeting Agenda Item: Approval of a Construction Services Agreement between The City of Milton and Quintech Solutions Inc. for the Demolition Project at 983 Lackey Road (also known as 1000 Lackey Road) _____________________________________________________________________________________ Project Description: The Public Works Department is requesting the approval of a contract for the demolition of the one-story frame structure house and wood shed structure at 983 Lackey Road on the west side of Lackey Road within Tract 1 of boundary survey for 1000 Lackey Road. An Invitation to Bid (ITB) was issued for the demolition of these structures. BOUNDARY SURVEY FOR CITY OF MILTON (1000 LACKEY ROAD) Procurement Summary: Purchasing method used: 3 Written Quotes ($5,000-$49,999) Account Number: 300-6110-541401401 Requisition Total: $ 23,950.00 Vendor DBA: Quintech Solutions Inc. Other quotes or bids submitted (vendor/$): Vendor/Firm Quote/Bid Wrecking Corp. of America $26,000.00 C&S Construction $27,775.00 Financial Review: Bernadette Harvill, March 29, 2019 Legal Review: Sam VanVolkenburgh, March 1, 2019 Attachment(s): Construction Services Agreement HOMEOPT! BEST Q'-�ALfTP OF LIFE IN GEORGIA' MILTON ESTABLISHED= CONSTRUCTION SERVICES AGREEMENT — SHORT FORM DEMOLITION PROJECT —1000 LACKEY RD, MILTON GA This Construction Services Agreement (the "Agreement") is made and entered into this _ day of , 201_ (the "Effective Date"), by and between the CITY OF MILTON, GEORGIA, a municipal corporation of the State of Georgia, acting by and through its governing authority, the Mayor and Milton City Council, located at 2006 Heritage Walk, Milton, Georgia 30004 (hereinafter referred to as the "City"), and Quintech Solutions, Inc, a South Carolina Corporation, having its principal place of business at 102 SANGAREE PARK CT, STE 4, SUMMERVILLE, SC, 29486 (hereinafter referred to as the "Contractor"), collectively referred to herein as the "Parties". WITNESSETH THAT: WHEREAS, the City desires to retain a contractor to perform services for the construction of a Project (defined below); and WHEREAS, Contractor has represented that it is qualified by training and experience to perform the Work (defined below) and desires to perform the Work under the terms and conditions provided in the Contract Documents (defined below). NOW THEREFORE, for and in consideration of the mutual promises, the public purposes, and the acknowledgements and agreements contained herein and other good and adequate consideration, the sufficiency of which is hereby acknowledged, the Parties hereto do mutually agree as follows: Section 1. Contract Documents: This Agreement along with the following documents, attached hereto (except as expressly noted otherwise below) and incorporated herein by reference, constitute the Contract Documents: A. Scope of Work, attached hereto as "Exhibit A"; B. Insurance Certificate, attached hereto as "Exhibit B"; C. Contractor Affidavit, attached hereto as "Exhibit C"; D. Subcontractor Affidavit, attached hereto as "Exhibit D"; and E. Performance Bond and Payment Bond forms, attached hereto as "Exhibits EA and E.2"; F. City of Milton Code of Ethics (codified in the official Code of the City of Milton). In the event of any discrepancy among the terms of the various Contract Documents, the provision most beneficial to the City, as determined by the City in its sole discretion, shall govern. Section 2. The Work: A general description of the Project is as follows: Scope of work will consist of demolition and removal of the wood frame farm house, shed structure, fence debris pile, and trash pile located at 1000 Lackey Road, Milton, Georgia (the "Project"). The Work to be completed under this Agreement (the "Work") includes, but shall not be limited to, the work described in the Scope of Work provided in "Exhibit A", attached hereto and incorporated herein by reference. The Work includes all material, labor, insurance, tools, equipment, machinery, water, heat, utilities, transportation, facilities, services and any other miscellaneous items and work reasonably inferable from the Contract Documents. The term "reasonably inferable" takes into consideration the understanding of the Parties that some details necessary for proper execution and completion of the Work may not be shown on the drawings or included in the specifications or Scope of Work, but they are a requirement of the Work if they are a usual and customary component of the Work or are otherwise necessary for proper and complete installation and operation of the Work. Contractor shall complete the Work in strict accordance with the Contract Documents. Section 3. Contract Term: Termination: Contractor understands that time is of the essence of this Agreement and warrants and represents that it will perform the Work in a prompt and timely manner, which shall not impose delays on the progress of the Work. Contractor shall commence Work pursuant to this Agreement on or before the start date to be specified on a written "Notice to Proceed" issued by the City and shall fully complete the Work within 30 calendar days Construction Services Agreement I Version 1.0 of the start date specified in the "Notice to Proceed". The City may terminate this Agreement for convenience at any time upon providing written notice thereof to Contractor. Provided that no damages are due to the City for Contractor's breach of this Agreement, the City shall pay Contractor for Work performed to date in accordance with Section 5 herein. Section 4. Fork Changes: Any changes to the Work requiring an increase in the Contract Price (defined below) shall require a written change order executed by the City in accordance with its purchasing regulations. Section 5. Compensation and Method of Payment: The total amount paid under this Agreement as compensation for Work performed and reimbursement for costs incurred shall not, in any case, exceed $23,950.00 ("Contract Price"), except as outlined in Section 4 above. The compensation for Work performed shall be based upon a Flat Fee, and Contractor represents that the Contract Price is sufficient to perform all of the Work set forth in and contemplated by this Agreement. Contractor shall take no calculated risk in the performance of the Work. Specifically, Contractor agrees that in the event it cannot perform the Work within the budgetary limitations established without disregarding sound principles of Contractor's industry, Contractor will give written notice thereof immediately to the City. City agrees to pay Contractor for the Work performed and costs incurred by Contractor upon the City's certification that the Work was actually performed and costs actually incurred in accordance with this Agreement. No payments will be made for unauthorized work. Compensation for Work performed and, if applicable, reimbursement for costs incurred shall be paid to Contractor upon the City's receipt and approval of invoices setting forth in detail the Work performed and costs incurred, along with all supporting documents required by the Contract Documents or requested by the City to process the invoice. A single invoice shall be submitted at the completion of the project, and such invoice shall reflect costs incurred versus costs budgeted. Regardless of anything to the contrary in Exhibit A, the City will not withhold retainage. The invoice shall be accompanied by a Waiver and Release upon Final Payment procured by the Contractor from all subcontractors in accordance with O.C.G.A. § 44-14-366. Section 6. Covenants of Contractor: A. Ethics Code; Conflict of Interest. Contractor agrees that it shall not engage in any activity or conduct that would result in a violation of the City of Milton Code of Ethics or any other similar law or regulation. Contractor certifies that to the best of its knowledge no circumstances exist which will cause a conflict of interest in performing the services required by this Agreement. Contractor and the City acknowledge that it is prohibited for any person to offer, give, or agree to give any City employee or official, or for any City employee or official to solicit, demand, accept, or agree to accept from another person, a gratuity of more than nominal value or rebate or an offer of employment in connection with any decision, approval, disapproval, recommendation, or preparation of any part of a program requirement or a purchase request, influencing the content of any specification or procurement standard, rendering of advice, investigation, auditing; or in any other advisory capacity in any proceeding or application, request for ruling, detennination, claim or controversy, or other particular matter, pertaining to any program requirement or a contract or subcontract, or to any solicitation or proposal therefor. The Contractor and the City further acknowledge that it is prohibited for any payment, gratuity, or offer of employment to be made by or on behalf of a sub - consultant under a contract to the prime Contractor or higher tier sub -consultant, or any person associated therewith, as an inducement for the award of a subcontract or order. B. Expertise of Contractor; City's Reliance on the Work. The Contractor acknowledges and agrees that the City does not undertake to approve or pass upon matters of expertise of the Contractor and that, therefore, the City bears no responsibility for Contractor's Work performed under this Agreement. The City will not, and need not, inquire into adequacy, fitness, suitability or correctness of Contractor's performance. The Contractor acknowledges and agrees that the acceptance or approval of any Work by the City is limited to the function of determining whether there has been compliance with what is required to be produced under this Agreement and shall not relieve Contractor of the responsibility for adequacy, fitness, suitability, and correctness of Contractor's Work under professional and industry standards. C. Contractor's Reliance on Submissions by the City. Contractor must have timely information and input from the City in order to perform the Work required under this Agreement. Contractor is entitled to rely upon information provided by the City, but Contractor shall be required to provide immediatewritten notice to the City if Contractor knows or reasonably should know that any information provided by the City is erroneous, inconsistent, or otherwise problematic. i`onstiuLICOOn SCI-\'iC , .`\21-CC111 nt ; V ',i011 1.0 D. Contractor's Representative; Meetings-. CtORMS RNLLS IINSER I- NAME] shall be authorized to act on Contractor's behalf with respect to the Work as Contractor's designated representative. Contractor shall meet with City's personnel or designated representatives to resolve technical or contractual problems that may occur during the term of this Agreement at no additional cost to City. E. Independent Contractor. Contractor hereby covenants and declares that it is engaged in an independent business and agrees to perform the Work as an independent contractor. The Contractor agrees to be solely responsible for its own matters relating to the time and place the Work is performed and the method used to perform such Work; the instrumentalities, tools, supplies, and/or materials necessary to complete the Work; hiring and payment of subcontractors, agents, or employees to complete the Work, including compliance with Social Security, withholding, and all other regulations governing such matters. Any provisions of this Agreement that may appear to give the City the right to exercise a measure of control over such services will be deemed to mean that Contractor shall follow the directions of the City with regard to the results of such services only. Inasmuch as the City and the Contractor are independent of each other, neither has the authority to bind the other to any third person or otherwise to act in any way as the representative of the other, unless otherwise expressly agreed to in writing signed by both Parties hereto. The Contractor agrees not to represent itself as the City's agent for any purpose to any party or to allow any employee of the Contractor to do so, unless specifically authorized, in advance and in writing, to do so, and then only for the limited purpose stated in such authorization. The Contractor shall assume full liability for any contracts or agreements the Contractor enters into on behalf of the City without the express knowledge and prior written consent of the City. F. Responsibility of Contractor and Indemnification of City. Contractor covenants and agrees to take and assume all responsibility for the Work rendered in connection with this Agreement. Contractor shall bear all losses and damages directly or indirectly resulting to it and/or the City on account of the performance or character of the Work rendered pursuant to this Agreement. Contractor shall defend, indemnify, and hold harmless the City and the City's elected and appointed officials, officers, boards, commissions, employees, representatives, consultants, servants, agents, attorneys and volunteers (individually an "Indemnified Party" and collectively "Indemnified Parties") from and against any and all claims, suits, actions, judgments, injuries, damages, losses, costs, expenses and liability of any kind whatsoever, including, but not limited to, attorney's fees and costs of defense ("Liabilities"), which may arise from or be the result of a willful, negligent, or tortious act or omission arising out of the Work, performance of contracted services, or operations by the Contractor, any subcontractor, anyone directly or indirectly employed by the Contractor or subcontractor, or anyone for whose acts the Contractor or subcontractor may be liable, regardless of whether or not the negligent act or omission is caused in part by a party indemnified hereunder. This indemnity obligation does not include Liabilities caused by or resulting from the sole negligence of an Indemnified Party. Such obligation shall not be construed to negate, abridge, or otherwise reduce any other right or obligation of indemnity which would otherwise exist as to any party or person described in this provision. This obligation to indemnify, defend, and hold harmless the Indemnified Party(ies) shall survive expiration or termination of this Agreement, provided that the claims are based upon or arise out of actions or omissions that occurred during the performance of this Agreement. G. Insurance. Contractor shall have and maintain in full force and effect for the duration of this Agreement, insurance of the types and amounts approved by the City, as shown on Exhibit "B", attached hereto and incorporated herein by reference. Contractor shall also ensure that any subcontractors are covered by insurance policies meeting the requirements specified herein and provide proof of such coverage. As it relates to any general liability, automobile liability or umbrella policies, and except where such requirement is specifically waived in writing by the City, Contractor shall ensure that its insurer waives all rights of subrogation against the City for losses arising from Contractor's Work and that the City and its officials, employees or agents are named as additional insureds. H. Assignment of Agreement. The Contractor covenants and agrees not to assign or transfer any interest in, nor delegate any duties of, this Agreement, without the prior express written consent of the City. I. Employment of Unauthorized Aliens Prohibited — E-Verij5, Affidavit. Pursuant to O.C.G.A. § 13-10-91, the City shall not enter into a contract for the physical performance of services unless: Construction Services Agreement I Version 1.0 (1) the Contractor shall provide evidence on City -provided forms, attached hereto as "Exhibits "C" and "D (affidavits to be sworn under oath under criminal penalty of false swearing pursuant to O.C.G.A. § 16-10-71), that it and its subcontractors have registered with; are authorized to use and use the federal work authorization program commonly known as E -Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91, and that they will continue to use the federal work authorization program throughout the contract period, or (2) the Contractor provides evidence that it is not required to provide an affidavit because it is an individual licensed pursuant to Title 26 or Title 43 or by the State Bar of Georgia and is in good standing. The Contractor hereby verifies that it has, prior to executing this Agreement, executed a notarized affidavit, the form of which is provided in "Exhibit C", and submitted such affidavit to City or provided the City with evidence that it is not required to provide such an affidavit because it is an individual licensed and in good standing as noted in subsection (2) above. Further, Contractor hereby agrees to comply with the requirements of the federal Immigration Reform and Control Act of 1986 (IRCA), P.L. 99-603, O.C.G.A. § 13-10-91 and Georgia Department of Labor Rule 300-10-1-.02. In the event the Contractor contracts with any subcontractor(s) in connection with the covered contract, the Contractor agrees to secure from such subcontractor(s) attestation of the subcontractor's compliance with O.C.G.A. § 13-10-91 and Rule 300-10-1-.02 by the subcontractor's execution of the subcontractor affidavit, the form of which is attached hereto as "Exhibit D"„ whichsubcontractor affidavit shall become part of the contractor/subcontractor agreement, or evidence that the subcontractor is not required to provide such an affidavit because it is licensed and in good standing as noted in subsection (2) above. If a subcontractor affidavit is obtained, Contractor agrees to provide a completed copy to the City within five (5) business days of receipt. The Contractor and Contractor's subcontractors shall retain all documents and records of their respective verification process for a period of five (5) years following completion of the contract. Contractor agrees that the employee -number category designated below is applicable to the Contractor. [Information only required if contractor affidavit is required pursuant to O.C.G.A. § 13-10-91.] I( IF:CK ONF1 500 or more employees. 100 or more employees. ve*' Fewer than 100 employees. Contractor hereby agrees that, in the event Contractor employs or contracts with any subcontractor(s) in connection with this Agreement and where the subcontractor is required to provide, an affidavit pursuant to O.C.G.A. § 13-10-91, the Contractor will secure from the subcontractor(s) such subcontractor(s') indication of the above employee -number category that is applicable to the subcontractor. The above requirements shall be in addition to the requirements of State and federal law, and shall be construed to be in conformity with those laws. J. Confidentiality. Contractor acknowledges that it may receive confidential information of the City and that it will protect the confidentiality of any such confidential infonnation and will require any of its subcontractors, contractors, and/or staff to likewise protect such confidential information. K. Licenses. Certifications and Permits. Contractor covenants and declares that it has obtained and will maintain all diplomas, certificates, licenses, pennits, or the like required of the Contractor by any and all national, state, regional; county or local boards, agencies, commissions, committees or other regulatory bodies in order to perform the Work. The Contractor shall secure and pay for the building permit and other permits and governmental fees, licenses and inspections necessary or customarily secured for proper execution and completion of the Work. L. Authority to Contract. The individual executing this Agreement on behalf of Contractor covenants and declares that it has obtained all necessary approvals of its board of directors, stockholders, general partners, limited partners, or similar authorities to simultaneously execute and bind Contractor to the terms of this Agreement, if applicable. M. Ownership of Work. All reports, designs, drawings, plans, specifications, schedules, work product, and other materials, including those in electronic form, prepared or in the process of being prepared for the Work ("Materials") shall be the property of the City, and the City shall be entitled to full access and copies of all such Materials in the form prescribed by the City. Any and all copyrightable subject matter in all Materials is hereby assigned to the City, and the Contractor agrees to execute any additional documents that may be necessary to evidence such assignment. ('011Struc:tioll Seri 1ces A gi—cenient Version 1.0 � N. Nondiscrimination. In accordance with Title VI of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000d, section 303 of the Age Discrimination Act of 1975, as amended; 42 U.S.C. § 6102, section 202 of the Americans with Disabilities Act of 1990, 42 U.S.C. § 12132, and all other provisions of Federal law, the Contractor agrees that, during performance of this Agreement, Contractor, for itself, its assignees and successors in interest, will not discriminate against any employee or applicant for employment; any subcontractor, or any supplier because of race, color; creed, national origin, gender, age or disability. In addition, Contractor agrees to comply with all applicable implementing regulations and shall include the provisions of this paragraph in every subcontract for services contemplated under this Agreement. O. Bonds. The Contractor shall provide Performance and Payment bonds on the forms attached hereto as "Exhibits E.1 and E.2" and with a surety licensed to do business in Georgia and listed on the Treasury Department's most current list (Circular 570 as amended). Upon the request of any person or entity appearing to be a potential beneficiary of bonds covering payment of obligations arising under this Agreement, the Contractor shall promptly furnish a copy of the bonds or shall permit a copy to be made. Section 7. Final Project Documents; Warranty: Prior to final payment, Contractor shall deliver to City copies of any as -built drawings, operations, and maintenance manuals, and any other pertinent documents relating to the construction and operation of the Work that is not otherwise in the possession of the City. Contractor shall repair or replace all defects in materials, equipment, or workmanship appearing within one (1) year from the date of completion, at no additional cost to the City. Section 8. Miscellaneous: A. Complete Agreement; Counterparts; Third Party Rights. This Agreement, including all of the Contract Documents, constitutes the complete agreement between the Parties and supersedes any and all other agreements, either oral or in writing, between the Parties with respect to the subject matter of this Agreement. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original, but all of which together shall constitute one and the same instrument, This Agreement shall be exclusively for the benefit of the Parties and shall not provide any third parties with any remedy, claim, liability, reimbursement, cause of action or other right. B. Governing Law; Business License; Proper Execution. This Agreement shall be governed by and construed in accordance with the laws of the State of Georgia without regard to choice of law principles. Any action or suit related to this Agreement shall be brought in the Superior Court of Fulton County, Georgia or the U.S. District Courtfor the Northern District of Georgia —Atlanta Division, and Contractor submits to the jurisdiction and venue of such court. During the Term of this Agreement, Contractor shall maintain a business license with the City; unless Contractor provides evidence that no such license is required. Contractor agrees that it will perform its services in accordance with the usual and customary standards of the Contractor's profession or business and in compliance with all applicable federal, state, and local laws, regulations, codes, ordinances, or orders applicable to the Project, including, but not limited to, O.C.G.A. § 50-5-63, any applicable records retention requirements, and Georgia's Open Records Act (O.C.G.A. § 50-18-70, et seq.). C. Notices. All notices, requests, demands, writings, or correspondence, as required by this Agreement, shall be in writing and shall be deemed received, and shall be effective, when (1) personally delivered, or (2) on the third calendar day after the postmark date when trailed by certified mail, postage prepaid, return receipt requested, or (3) upon actual delivery when sent via national overnight commercial carrier to the Party at the addresses first given above or at a substitute address previously furnished to the other Party by written notice in accordance herewith. D. Waiver; Sovereign Immunity. No express or implied waiver shall affect any tern or condition other than the one specified in such waiver, and that one only to the extent specifically stated. Nothing contained in this Agreement shall be construed to be a waiver of the City's sovereign immunity or any individual's qualified good faith or official immunities. G. Agreement Construction and Interpretation; Invalidity of Provisions; Severability. Contractor represents that it has reviewed and become familiar with the Contract Documents, the nature and extent of the Work, work site(s), locality, and all local conditions, laws and regulations that in any manner may affect cost, progress, C onstrUCH011 SCIrN ICCS ,i"Weillent 1 VersiOti 1.11 performance; or furnishing of the Work. Contractor represents that it has given the City written notice of all conflicts, errors, or discrepancies that the Contractor has discovered in the Contract Documents, and the written resolution thereof by the City is acceptable to the Contractor. The Parties hereto agree that, if an ambiguity or question of intent or interpretation arises, this Agreement is to be construed as if the Parties had drafted it jointly, as opposed to being construed against a Party because it was responsible for drafting one or more provisions of the Agreement. In the interest of brevity, the Contract Documents may omit modifying words such as "all" and "any" and articles such as "the" and "an," but the fact that a modifier or an article is absent from one statement and appears in another is not intended to affect the interpretation of either statement. Should any article(s) or section(s) of this Agreement, or any part thereof, later be deemed illegal, invalid or unenforceable by a court of competent jurisdiction, the offending portion of the Agreement should be severed, and the remainder of this Agreement shall remain in frill force and effect to the extent possible as if this Agreement had been executed with the invalid portion hereof eliminated, it being the intention of the Parties that they would have executed the remaining portion of this Agreement without including any such part, parts, or portions that may for any reason be hereafter declared invalid. IN WITNESS WHEREOF, the City and the Contractor have executed this Agreement effective as of the Effective Date first above written. (`011sti-LIC 01) Serkices A, -,I cr��cr�i i t'c�-sion 1.0 CONT C R intech Solutions Inc. By: i7�11ZoL� C��r�tiJS Its: [CI RCI, I: UNI: Presiden0lice President (Corporation) ------------- CITY OF MILTON, GEORGIA Signature: Steven Krokoff, City Manager [CITY SEAL] Attest: By: Its: City Clerk Approved as to form: [CORPORATE SEAL] (required if corporation) Attest/Witness: By: yNNICLLF 9rtT' Its: ;,+SINESS T:- VE10lo00 ((Assistant) Corporate Secretary if corporation) RATIFIED BY COUNCIL: Signature: City Attorney Joe Lockwood, Mayor Construction Seri ices Agreement I Version 1.0 19A.14,4111 MILTON'1� ESTABLISHED 20D6 QR19-PW05 Demolition Project 1000 Lackey Road, Milton GA General Description of Project Scope: The general scope of work will consist of demolition and removal of 2 structures, and cleanup and removal 2 trash piles located at 1000 Lackey Road, Milton, GA. Contractor is required to visit the site prior to submitting bid to confirm and verify scope. Contractor is responsible for utility locates, property owner coordination, erosion and sediment control, tree save fence, and any damages to any property. Contractor will replace in kind all damages on impacted properties. The undersigned, as bidder, declares and represents that it has examined the site of the work and informed himself/herself fully in regard to all conditions pertaining to the place where the work is to be performed, including those conditions affecting the cost of the work and the delivery, handling and storage of materials and equipment. The bidder has examined and read the Bidding Document and has satisfied himself/herself that the Bidding Document is an adequate and acceptable reflection of the work which is required to be performed, and that the bidder is willing and able to perform all of the work necessary. The bidder further certifies that no additional information is required to complete the work encompassed by this bid within the cost and schedule established and agreed upon within this bidding document. The bidder proposes and agrees that if this bid is accepted to contract with the City of Milton to provide all construction labor, materials, equipment, products, transportation, and other facilities and services as necessary and/or required to execute and complete the work in full in accordance with the scope of work provided to the full satisfaction of the City. THE BASE BID IS THE AMOUNT UPON WHICH THE BIDDER WILL BE FORMALLY EVALUATED AND WHICH WILL BE USED TO DETERMINE THE LOWEST RESPONSIVE AND RESPONSIBLE BIDDER. The base bid may not be withdrawn or modified, except at the request of the City, for a period of sixty (60) days following receipt of the bids. The City of Milton reserves the right to modify the scope of this project at any time. Appropriate compensation for scope changes will be based on a negotiated fee. Note: A separate signed bid document is acceptable in lieu of the below form. QR 19-PWO5 1 The purpose of this solicitation is to enter into a lump sum price "purchasing contract" with one firm to be the primary contractor of the Demolition Project at 1000 Lackey Rd, Milton, Georgia. No specification expressed or implied shall be construed as any type of restrictive specification that would limit competition. Unless clearly shown as "no substitute" or any words to that effect, any items in these contract documents which have been identified, described or referenced by a brand name or trade name are for reference only. Such identification is intended to be descriptive but not restrictive and is to indicate the general quality and characteristics of products that may be offered. Each bid item for which an equivalent item is proposed must be individually identified on the bid sheet with the following information: brand name, model or manufacturer's -number or identification regularly used in the trade. Photographs, specifications and cut sheets shall be provided of the proposed alternative. The City shall be the sole judge of the suitability of the proposed alternative and may consider function, design, materials, construction, workmanship, finishes, operating features, overall quality, local service facilities, warranty terms and service or other relevant features. The City reserves the right to cancel the contract at any time with 30 days written notice. Title to any supplies, materials, equipment or other personal property shall remain the Contractors' until fully paid for by the City. All items to be bid FOB, Milton, Georgia. No sales taxes are to be charged. Any damage to any building or traffic control device, or equipment incurred during the course of work shall be repaired at the contractor's expense to the complete satisfaction of the City of Milton with no additional expense to the City. The City intends to evaluate the Bid on the lowest responsible and responsive vendor. QR 19-PW05 2 1 P a g L Within 10 days of Notice of Award, and at all times that this Contract is in force, the Contractor shall obtain, maintain and furnish the City Certificates of Insurance from licensed companies doing business in the State of Georgia with an A.M. Best Rating A-6 or higher and acceptable to the City. Insurance requirements are provided below and included in the CONTRACT AGREEMENT (Section 7.K). (1) Requirements: The Contractor shall have and maintain in full force and effect for the duration of this Agreement, insurance insuring against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Work by the Contractor, its agents, representatives, employees or subcontractors. All policies shall be subject to approval by the City Attorney as to form and content. These requirements are subject to amendment or waiver if so approved in writing by the City. (2) Minimum Limits of Insurance: Contractor shall maintain the following insurance policies with limits no less than: (a) Comprehensive General Liability of $1,000,000 (one million dollars) Limit per single occurrence, $2,000,000 (two million dollars) umbrella, including coverage for bodily and personal injury, sickness, disease or death, injury to or destruction of property, including loss of use resulting therefrom, vandalism, property loss and theft. (b) Comprehensive Automobile Liability (owned, non -owned, hired) of $1,000,000 (one million dollars) combined single limit per occurrence for bodily and personal injury, sickness, disease or death, injury to or destruction of property, including loss of use resulting therefrom. (c) Workers' Compensation limits as required by the State of Georgia and Employers Liability Limits of $1,000,000 (one million dollars) per accident. (3) Deductibles and Self -Insured Retentions: Any deductibles or self-insured retentions must be declared to and approved by the City in writing. (4) Other Insurance Provisions: The policy is to contain, or be endorsed to contain, the following provisions: z General Liability and Automobile Liability Coverage. (i) The City and City Parties are to be covered as insureds. The coverage shall contain no special limitations on the scope of protection afforded to the City or City Parties. (ii) The Contractor's insurance coverage shall be primary noncontributing insurance as respects to any other insurance or self - QR 19-PW05 3 1 I' a iv L insurance available to the City or City Parties. Any insurance or self- insurance maintained by the City or City Parties shall be in excess of the Contractor's insurance and shall not contribute with it. (iii) Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City or City Parties. (iv) Coverage shall state that the Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (v) Coverage shall be provided on a "pay on behalf" basis, with defense costs payable in addition to policy limits. There shall be no cross -liability exclusion. (vi) The insurer agrees to waive all rights of subrogation against the City and City Parties for losses arising from Work performed by the Contractor for the City for General Liability coverage only. (b) Workers' Compensation Coverage: The insurer providing Workers' Compensation Coverage will agree to waive all rights of subrogation against the City and City Parties for losses arising from Work performed by the Contractor for the City. (c) All Coverages: (i) Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled, reduced in coverage or in limits except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. (ii) Policies shall have concurrent starting and ending dates_ (5) Acceptability of Insurers: Insurance is to be placed with insurers authorized to do business in the State of Georgia and with an A.M. Bests' rating of no less than A:VI.. (6) Verification of Coverage: Contractor shall furnish the City with certificates of insurance and endorsements to the policies evidencing coverage required by this clause prior to the start of Work. The certificate of insurance and endorsements shall be on a form utilized by Contractor's insurer in its normal course of business and shall be received and approved by the City within ten (10) days of the Notice of Award. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. The Contractor shall provide proof that any expiring coverage has been renewed or replaced at least two (2) weeks prior to the expiration of the coverage.. (7) Subcontractors: Contractor shall include all subcontractors as insureds under its QR 19-YWO5 4 1 P Li policies or shall furnish separate certificates and endorsements for each subcontractor. All coverage for subcontractors shall be subject to all of the requirements stated in this Agreement, including but not limited to naming the Parties as additional insureds. (8) Claims -Made Policies: Contractor shall extend any claims -made insurance policy for at least six (6) years after termination or final payment under the Agreement, whichever is later. (9) City as Additional Insured and Loss Payee: The City shall be named as an additional insured and Loss payee on all policies required by this Agreement, except the City need not be named as an additional insured and loss payee on any Workers' Compensation policy. Each bid must be accompanied with a BID BOND (bond only: certified checks or other forms are not acceptable) in an amount equal to five percent (5%) of the base bid, payable to the City of Milton. Said bid bond guarantees the bidder will enter into a contract to construct the project strictly within the terms and conditions stated in this bid and in the bidding and contract documents, should the construction contract be awarded. The Successful Bidder shall be required to furnish PAYMENT AND PERFORMANCE BONDS for the faithful performance on the contract and a bondto secure payment of all claims for materials furnished and/or labor performed in performance of the project, both in amounts equal to one hundred percent (100%) of the contract price. Bonds shall be issued by a corporate surety appearing on the Treasury Department's most current list (Circular 570 as amended) and be authorized to do business in the State of Georgia. Bonds shall be on the forms provided by the City and subject to the review and approval of the City Attorney. Date of Bond must not be prior to date of Contract. If Contractor is a Partnership, all partners shall execute Bond. Prior to commencing the Work, the successful bidder shall execute a written oath as required by O.C.G.A. §§ 32-4-122 and 36-91-21(e). QR 19-PWO5 5 1 P a (2� MI LTO NIP ESTABLISHED 2006 [BIDDERS MUST RETURN THIS FORM WITH BID RESPONSE] BID FORM and ADDENDA ACKNOWLEDGEMENT TO: PURCHASING OFFICE CITY OF MILTON MILTON, GEORGIA 30004 Ladies and Gentlemen: In compliance with your Bid, the undersigned, hereinafter termed the Bidder, proposes to enter into a Contract with the City of Milton, Georgia, to provide the necessary machinery, tools, apparatus, other means of construction, and all materials and labor specified in the Contract Documents or as necessary to complete the Work in the manner therein specified within the time specified, as therein set forth, for: QR 19-PW05 Demolition Project 1000 Lackey Road, Milton, GA The Bidder has carefully examined and fully understands the Contract, Specifications, and other documents hereto attached, has made a personal examination of the Site of the proposed Work, has satisfied himself as to the actual conditions and requirements of the Work, and hereby proposes and agrees that if his bid is accepted, he will contract with the City of Milton in full conformance with the Contract Documents. It is the intent of this Bid to include all items of construction and all Work called for in the Specifications, or otherwise a part of the Contract Documents. In accordance with the foregoing, the undersigned proposes to furnish and construct the items listed in the attached Bid schedule for the unit prices stated. The Bidder agrees that the cost of any work performed, materials furnished, services provided, or expenses incurred, which are not specifically delineated in the Contract Documents, but which are incidental to the scope, intent, and completion of the Contract, shall be deemed to have been included in the prices bid for the various items scheduled. The Bidder further proposes and agrees hereby to promptly commence the QR 19-PW05 61 Pag c M 1 LTO N-1 4 ESTABLISHED 2006 Work with adequate forces and equipment within ten (10) calendar days from receipt of Notice to Proceed and to complete all Work within thirty (30) calendar days from the Notice to Proceed. If weather affects the required completion schedule, The City and selected Bidder will negotiate a new completion date. Attached hereto is an executed Bid Bond in the amount of Dollars ($ (Five Percent of Amount Bid). If this bid shall be accepted by the City of Milton and the undersigned shall fail to execute a satisfactory contract in the form of said proposed Contract, and give satisfactory Performance and Payment Bonds, or furnish satisfactory proof of carriage of the insurance required within ten days from the date of Notice of Award of the Contract, then the City of Milton may, at its option, determine that the undersigned abandoned the Contract and there upon this bid shall be null and void, and the sum stipulated in the attached Bid Bond shall be forfeited to the City of Milton as liquidated damages. Bidder acknowledges receipt of the following addenda: Addendum No. Date viewed Bidder further declares that the full name and resident address of Bidder's Principal is as follows: Signed, sealed, and dated this day of 20. Bidder Mailing Address: Bidder Signature: Print Name: Title: Company Name (Seal) QR 19-PWO5 7 1 Pa c M I t -TO-, NJ" 4 ESTABLISHED 2006 [BIDDERS MUST RETURN THIS FORM WITH BID RESPONSE] BID BOND CITY OF MILTON, GEORGIA BIDDER (Name and Address): SURETY (Name and Address of Principal Place of Business): OWNER (hereinafter referred to as the "City" (Name and Address): City of Milton, Georgia ATTN: Purchasing Office 2006 Heritage Walk Milton, Georgia 30004 BID BID DUE DATE: PROJECT (Brief Description Including Location): BOND BOND NUMBER: DATE (Not later that Bid due date): PENAL SUM: (Words) (Figures) IN WITNESS WHEREOF, Surety and Bidder, intending to be legally bound hereby to the City, subject to the terms printed below or on the reverse side hereof, do each cause this Bid Bond to be duly executed on its behalf by its authorized officer, agent or representative. BIDDER SURETY (Seal) Bidder's Name and Corporate Seal By: Signature and Title: Attest: Signature and Title: (Seal) Surety's Name and Corporate Seal By: Signature and Title: (Attach Power of Attorney) Attest: Signature and Title: QR 19-PW05 8 1 P a g e Note: (1) Above addresses are to be used for giving any notice required by the terms of this Bid Bond. (2) Any singular reference to Bidder, Surety, the City or any other party shall be considered plural where applicable. 1. Bidder and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to pay to the City upon Default of Bidder the penal sum set forth on the face of this Bond. 2. Default of Bidder shall occur upon the failure of Bidder to deliver within the time required by the Bidding Documents (or any extension of that time agreed to in writing by the City) the executed Agreement required by the Bidding Documents and any performance and payment Bonds required by the Bidding Documents, 3. This obligation shall be null and void if: 3.1 The City accepts Bidder's Bid and Bidder delivers within the time required by the Bidding Documents (or any extension of that time agreed to in writing by the City) the executed Agreement required by the Bidding Documents and any performance and payment Bonds required by the Bidding Documents; or 3.2 All Bids are rejected by the City; or 3.3 The City fails to issue a Notice of Award to Bidder within the time specified in the Bidding Documents (or any extension of that time agreed to in writing by Bidder and, if applicable, consented to by Surety when required by paragraph 5 hereof). 4. Payment under this Bond will be due and payable upon Default by Bidder within 30 calendar days after receipt by Bidder and Surety of a written Notice of Default from the City, which Notice will be given with reasonable promptness and will identify this Bond and the Project and include a statement of the amount due. 5. Surety waives notice of, as well as any and all defenses based on or arising out of, any time extension to issue a Notice of Award agreed to in writing by the City and Bidder, provided that the total time, including extensions, for issuing a Notice of Award shall not in the aggregate exceed 120 days from Bid due date without Surety's written consent. 6. No suit or action shall be commenced under this Bond either prior to 30 calendar days after the Notice of Default required in paragraph 4 above is received by Bidder and Surety or later than one year after Bid due date. 7. Any suit or action under this Bond shall be commenced only in a court of competent jurisdiction located in the State of Georgia. 8. Notices required hereunder shall be in writing and sent to Bidder and Surety at their respective addresses shown on the face of this Bond. Such notices may be sent by personal delivery, commercial courier or by United States Registered or Certified Mail, QR 19-PW05 91 P a g C return receipt requested, postage pre -paid, and shall be deemed to be effective upon receipt by the party concerned. 9. Surety shall cause to be attached to this Bond a current and effective Power of Attorney evidencing the authority of the officer, agent or representative who executed this Bond on behalf of Surety to execute, seal and deliver such Bond and bind the Surety thereby. 10. This Bond is intended to conform to all applicable statutory requirements. Any applicable requirement of any applicable statute that has been omitted from this Bond shall be deemed to be included herein as if set forth at length. If any provision of this Bond conflicts with any applicable statute, then the provision of said statute shall govern and the remainder of this Bond that is not in conflict therewith shall continue in full force and effect. 11. The term "Bid" as used herein includes a Bid, offer or proposal, as applicable under the particular circumstances. 12. The terms of this Bid Bond shall be governed by the laws of the State of Georgia. QR 19-PW05 10 1 P a M11--T0N'1P ESTABLISHED 1006 PROJECT SPECIFICATIONS PROJECT DESCRIPTION The City of Milton Public Works Department (City) requests for interested parties to submit bids/proposals for the Demolition Project, 1000 Lackey Rd, Milton GA 30004. Scope The Contractor will demolish and remove the house and shed structure, concrete slab and/or foundation. The Contractor will also remove the wooden fence pile debris and the large trash pile located behind the shed structure. Once the structures and all associated debris have been removed the Contractor will grade and add fill as needed, and the disturbed areas will be stabilized with seed and straw or mulched. 1000 Lackey Road: One story frame structure Front View QR 19-PW05 11 I P a g e -Aw 11 r 3f., ` '1 _.C^a•� `.tet ;��'�� s's`.>. �' y,� .. {' '. i ,t.�33 . � , S _ • � . , r " Tom../IMFa wwa VAIRL NP go jj ; 4i�r; ♦ .yls/t r" JF.;7-, Wi Ma k with local, state and federal regulations. No burial of debris will be permitted on the site. All work performed shall be in accordance City of Milton Construction Standards. The Contractor will adhere to all current State and Federal construction safety regulations, including OSHA regulations. The Contractor must maintain a safe work zone for their employees, pedestrians, and vehicular transportation. All work shall be inspected and approved by the City of Milton Department of Public Works (MDPW). All work associated with this contract shall meet the Georgia DOT standard specifications for construction materials, methods and procedures not specifically listed in this solicitation. The following are special provisions prepared specifically for this contract and may be in conflict with parts of the standard specifications. If conflicts are evident the special provisions shall take precedence over the standard specifications. The City desires to have all work completed by May 1, 2019. Please indicate on the Bid Sheet your projected response time and calendar days to complete the project. This information will be considered when awarding this contract. Construction shall begin no later than ten (10) calendar days following the Notice to Proceed. The Contractor will mobilize with sufficient forces such that all construction identified as part of this contract shall be substantially completed within the calendar days indicated on the Bid Schedule. Inclement weather days will not count against the available calendar days. Normal workday for this project shall be 9:00 am to 4:00 pm and the normal workweek shall be Monday through Friday. The City will consider extended workdays or workweeks upon written request by the Contractor on a case by case basis. No work will be allowed on City recognized holidays. The work will require bidder to provide all labor, administrative forces, equipment, materials and other incidental items to complete all required work. The City shall perform a Final Inspection upon completion of all work. The Contractor will be allowed to participate in the Final Inspection. All repairs shall be completed by the Contractor at his expense prior to issuance of Final Acceptance. Except to the extent limited by law, 10% retainage will be held from the total amount due the contractor until Final Acceptance of work is issued by the City. The Contractor shall provide all materials, labor, and equipment necessary to perform the work without delay unto completion. QR 19-PW05 15 1 P a -, e The Contractor shall procure all permits and licenses, pay all charges, taxes and fees, and give all notices necessary and incidental to the due and lawful prosecution of the work. Contractor shall be responsible for coordinating any utility relocation necessary to the completion of the work. The Contractor shall be responsible for the preservation of all public and private property, crops, fish ponds, trees, monuments, highway signs and markers, fences, grassed and sodded areas, etc. along and adjacent to the highway, road or street, and shall use every precaution necessary to prevent damage or injury thereto, unless the removal, alteration, or destruction of such property is provided for under the contract. No stone or asphalt chunks shall be left in the right-of-way and screened topsoil shall be placed in all disturbed areas before grassing. Contractor is responsible for ensuring that all permanent grassing shall match the existing grassing. When or where any direct or indirect damage or injury is done to public or private property by or on account of any act, omission, neglect or misconduct in the execution of the work, or in consequence of the non -execution thereof by the contractor, he shall restore, at his/her own expense, such property to a condition similar or equal to that existing before such damage or injury was done, by repairing, rebuilding or otherwise restoring as may be directed, or she/he shall make good such damage or injury in an acceptable manner. The Contractor shall correct all disturbed areas before retainage will be released. The Contractor shall remove and dispose of all asbestos material if noted to on the survey to exist. All waste material shall be transported to an approved EPA Certified Class I Landfill permitted to accept asbestos. The Contractor shall also be responsible for preparing and submitting all necessary documents to the Georgia Environmental Protection Division for the ten (10) day demolition notice. Pre -demolition, the selected contractor shall diligently eradicate all rodents and vermin before demolition and provide a rodent letter from a certified exterminator. QR 19-PWO5 161 P ao e The Contractor will provide suitable erosion and sediment control measures so as to prevent sediment from leaving the site. Maintenance of erosion and sediment control measures are required at all times. The Contractor shall have certified erosion and sediment control personnel on site at all times. All NPDES, GSWCC and City of Milton guidelines should be followed. Trees located in and around the demolitions and cleanup areas will have tree save fence installed as directed by the City. Tree's with green tape shall to be protected and work shall be kept off the root systems at all times. The Contractor will construct a construction entrance in accordance to City of Milton standards. The Contractor will work with the City to determine the best location for the construction entrance to be installed. All erosion and sediment control work shall be performed in accordance with the standards provided in the Georgia Manual for Erosion and Sediment Control in Georgia, Latest edition. Provide a single row of Type C silt fence along the down slope side of all disturbed areas. All barriers shall be in place prior to any land disturbing activities. Silt fences and hay bale barriers shall be cleaned or replaced and maintained in functional condition until permanent erosion control measures are established. All silt fences and other temporary measures will be removed by the contractor/developer when the site is stable. Silt fence fabric shall be comprised of Ga. Department of Transportation qualified products Section 171, type "A", for silt fence fabric Temporary vegetation and/or heavy mulch will be used to stabilize areas. In no case shall a site be left bare for more than fourteen (14) days. No clearing beyond the limits of disturbance shown on the approved plans shall be allowed without approval. Provide a minimum of inch of mulching, temporary and permanent seeding of all other disturbed areas. The Contractor will remove the large white oak tree that has orange tape in front of the house as part of the demolition project. Any other scrub trees or trees with orange tape can be removed to assist in the demolition project. All trees with GREEN tape will be protected during the demolition project keeping equipment and debris off the tree and the surrounding root system. QR 19-PWO5 171 P �i e The Contractor shall be responsible for the entire site and the construction of the same and provide all the necessary protections as required by laws or ordinances governing such conditions and as required by the Owner or Designer. He/she shall be responsible for any damage to the Owner's property or that of others on the job, by himself/herself, his/her personnel or his/her subcontractors, and shall make good such damages. He/she shall be responsible for and pay for any claims against the Owner arising from such damages. The Contractor shall provide all necessary safety measures for the protection of all persons on the work. Contractor shall clearly mark or post signs warning of hazards existing and shall barricade excavations and similar hazards. He/she shall protect against damage or injury resulting from falling materials and he/she shall maintain all protective devices and signs throughout the progress of the work. CODES, PERMITS AND INSPECTIONS The Contractor shall obtain the required permits, if required, give all notices, and comply with all laws, ordinances, codes, rules and regulations bearing on the conduct of the work under this contract. If the Contractor observes that the drawings and specifications are at variance therewith, he shall promptly notify the City in writing. If the Contractor performs any work knowing it to be contrary to such laws, ordinances, codes, rules and regulations, and without such notice to the City, he shall bear all cost arising there from. The Contractor shall obtain a building demolition permit from the city and provide all required documentation to obtain the permit but will not be charged the permit fee and shall not include that fee in the base bid. The Contractor is responsible for obtaining all required inspections. CLEANUP All restoration and clean-up work shall be performed daily. Operations shall be suspended if the Contractor fails to accomplish restoration and clean-up within an acceptable period of time. Asphalt and other debris shall be removed from gutters, sidewalks, yards, driveways, etc. Failure to perform clean-up activities may result in suspension of the work. QR 19-PW05 18 1 P a e UNIVERSAL ENGINEERING SCIENCES LIMITED ASBESTOS SURVEY City of Milton 1000 Lackey Road Roswell, GA 30075 UES Project No. 1640.1800080.0000 Report No. 1640143 January 16, 2019 Prepared For: City of Milton 2006 Heritage Walk Milton. GA 30004 Attn.: Mr. Matthew Fallstrom Prepared By: Universal Engineering Sciences. Inc 3040 Business Park Drive, Suite F Norcross. Georgia 30071 (770)242-6438 Report Preparation: Ix 1 Jeffrey R. Kowalski Environmental Department Manager GA EPA -Accredited Inspector Consallanis in: GectecMicai Enjneenng • Environmental Soeaws • Construction Maiepials 7estrg • Threshoid Inspection Offices m: Orlando • Daytona Beach • Fort Myers • Gams is - Jack am le • Ocala • Palm Coast • Rockledge • Sarasota • Miami St Auqustine • Panama City • Fat Pierce • Leeshuq - Tampa - West Palm Beach • Atlanta, GA QR 19-PWO5 191 P a g C TABLE OF CONTENTS 1.0 INTRODUCTION.............................................................._......._..........._......._........... 1 1.1 PURPOSE AND SCOPE-----------------------------------------------------------------------------------1 1.2 WARRANTY------------------------------------------------------------------------------------------------------ 1 2.0 BUILDING CHARACTERISTICS AND INFORMATION ........................................... 2 3.0 ASBESTOS INSPECTION PROCEDURES.............................................................2 4.0 SUSPECTED ASBESTOS CONTAINING BUILDING MATERIALS ......................... 2 5.0 LABORATORY ANALYSIS...................................................................................... 3 5.1 BULK ANALYSIS.............................................................................................. 3 5.2 POINT COUNT.................................................................................................. 3 6.0 FINDINGS------------------------------------------------------------- ------------------------------------------------ 3 7.0 SUMMARY ---------------------------------------- ------- ---- 3 8.0 REGULATORY INFORMATION............................................................................... 3 9.0 CONTROLLING AGENCIES....................................................................................4 LIST OF APPENDICES APPENDIX 1 LABORATORY DATA APPENDIX 2 QUALIFICATIONS QR 19-PW05 20 1 1' Lig, c UES Project No. 1840.1800080.0000 Report No. 1840143 January 18, 2019 1.0 INTRODUCTION This report presents the results of the limited asbestos survey performed for the property located at 1000 Lackey Road in Roswell, Georgia. The work was conducted in accordance with the scope of work defined in Universal Engineering Sciences, Inc. (UES) dated December 10, 2018. 1.1 Purpose and Scope The purpose of this study was to perform an evaluation of suspect asbestos containing materials of the existing residence and associated out building. The activities and procedures used to accomplish this task were as follows: Walked -through and observed accessible areas of the structure to identify, locate and assess suspected ACBMs. 2. Collected bulk samples of each suspect ACBM and analyzed the collected samples using Polarized Light Microscopy (PLM) for presence of asbestos fibers. 3. Prepare and submit a report of our findings. 1.2 Warranty The field and laboratory results reported herein are considered sufficient in detail and scope to determine the presence of accessible and/or exposed suspect ACBMs in the structure_ UES warrants that the findings contained herein have been prepared in general accordance with accepted practices as applied by similar professionals in the industry. Changes in the state of the art or in applicable regulations cannot be anticipated and have not been addressed in this report_ The survey and analytical methods have been used to provide the client with information regarding the presence of accessible and/or exposed suspect ACBMs existing in the structure at the time of inspection. Test results are valid only for the materials tested_ There is a distinct possibility that conditions may exist which could not be identified within the scope of the study or which were not apparent during the site visit_ The inspection covered only those areas, which were exposed and/or physically accessible to the inspector. The study is also limited to the information available from the client at the time it was conducted. No other warranties are expressed or implied. 2.0 BUILDING CHARACTERISTICS AND INFORMATION The property structures include a vacant, one-story, single-family residential structure on a limited -access crawlspace and an adjacent, damaged wooden shed. QR 19-PW05 21 1 P a g c UES Project No. 1640.180DD80.DDOD Report No. 184D143 January 16, 2019 3.0 ASBESTOS INSPECTION PROCEDURES Three forms of ACBMs are typically found in buildings: (1) sprayed or troweled -on surfacing materials; (2) thermal systems insulation (insulation on pipes and boilers); and (3) miscellaneous materials such as wallboard, adhesives, ceiling tiles, and floor tiles. A walk- through inspection was conducted to identify these and other materials present within the buildings_ The field inspection was performed by Mr. Todd Jamison; inspector accredited according to the Code of Federal Regulations Title 40, Part 763 (40 CFR 763-AHERA)_ Refer to Appendix 3 for qualifications of inspectors. After a preliminary walk-through of the building, a detailed observation was conducted to evaluate the location and extent of the suspected ACBMs. Once identified, these materials were categorized into homogeneous areas containing materials of the same type, age, visual appearance, texture, composition, etc. Random, and in some cases, judgmental samples of each homogeneous area material were then collected. The physical condition and potential for disturbance and damage of each material was assessed. In addition, a tactile inspection of the materials was performed to evaluate friability_ If the material, when dry can be crumbled, pulverized or reduced to powder by hand pressure, it is considered friable. 4.0 SUSPECT ASBESTOS CONTAINING BUILDING MATERIALS Based on UES's visual survey of the structure, eighteen (18) samples were collected from the building sampled as part of this survey. Table 1 presents a summary of the materials suspected of containing asbestos_ Table 1 Suspect Homogenous ACBMs Visually Identified Homogeneous Sample Numbers Material Description Sampling Location Material No. 1 983-01 to 983-03, 983-08 t 983-09 Joint Compound Ceilings, walls 2 983-03 to 983-04 Gypsum Ceilings 3 983-05 to 983-07, 983-12 1Tx12" tile, peel and stick tile KitchenlBath room floors 4 983-05 to 983-07, 983-12 Mastic associated with tile Kitchen floors 5 983-10 to 983-11 Stipple finish Bathroom Ceiling 6 983-13 Glazing Front window QR 19-PW05 22 1 P a -, c UES Project No. 164D.180D080.13000 Report No. 1840143 January 16, 2019 t+X�>• fe1:ZiI:L'� f�1 j3`I_'t►T=1>��1�� 5.1 BULK ANALYSIS The samples of the suspected ACBM collected during the field inspection were transported with chain -of -custody documentation to Call Analytical Laboratories, Inc. (CALI) in Gaylesville, Alabama for laboratory analysis. CALI is accredited by the National Voluntary Laboratory Accreditation Program (NVLAP), which is administered by the National Institute of Standards and Technology_ These samples were analyzed for the presence of asbestos fibers using PLM. The analyses were performed according to EPA Method 600/R-931116, ,July 1993. 5.2 POINT COUNT One sample of the suspect ACBMs collected during the field inspections were point counted as part of this survey. Sample number 983-08, joint compound from the living room ceiling, was analyzed first by PLM with a result of 2% Chrysotile. Point Count testing results indicated a 0.5% Chrysotile content_ 6.0 FINDINGS One sample from the Asbestos survey had asbestos content of 0.5% Chrysotile, below the action level of >1% asbestos. Should suspect ACBMs not identified in this report be encountered during demolition, an accredited inspector, according to Federal Regulation 40 CFR, 763 (AHERA) should be allowed to visually inspect these ACBMs and collect additional samples for analyses. 7.0 SUMMARY Based on the laboratory analysis report, no asbestos containing materials at the property were identified to contain greater than one percent (>1%) asbestos. 8.0 REGULATORY INFORMATION The demolition of buildings containing ACBMs is regulated under the NESHAP statute_ The NESHAP regulations require notification to the controlling agency and removal of all regulated asbestos containing materials (RACM) prior to demolition. RACM is defined as (1) friable asbestos material, (2) Category I non -friable asbestos containing material that has become friable, (3) Category I non -friable asbestos containing material that will be or has been subjected to sanding, grinding, cutting, or abrading, or (4) Category 11 non -friable asbestos containing material that has a high probability of becoming or has become crumbled, pulverized, or reduced to powder by the forces expected to act on the material in the course of demolition operations regulated by NESHAP. Renovation or demolition activities in a building that contains Asbestos Containing Material (ACM) or Presumed Asbestos Containing Material (PACM) are also regulated under the OSHA Asbestos Construction Standard (29 CFR 1926.1101). The OSHA standard requires QR 19-PW05 23 1 P a i, e UES Project No. 1840.1800080.D000 Report No. 1840143 January 18, 2019 the building owner to inform their employees who will work in or adjacent to areas containing ACM or PALM, perspective employers applying or bidding for work whose employees reasonably can be expected to work in or adjacent to areas containing ACM or PACM, all employers of employees on multi employer work sites who will be performing work with or adjacent to areas containing asbestos, and tenants who will occupy areas containing ACM or PACM, of the presence, location, and quantity of ACM or PACM at the work sites in their buildings and facilities. Further, the OSHA standard (29 CFR 1926.1101) requires employers who discover ACM or PACM to convey information concerning the presence, location and quantity of such newly discovered ACM or PACM to other employers or employees working at the work site within 24 hours of discovery. While OSHA says the notification can be written or personal communication, there are many advantages to written communication. The OSHA construction standard (29 CFR 1926.1101) also contains specific training, work practices, procedures, engineering controls, notifications, permissible exposure limits, personal protection, record keeping, and a multitude of other requirements for the demolition, renovation, construction, alterations, repair, maintenance of structures, substrates or portions there of that contain asbestos_ 9.0 CONTROLLING AGENCIES The controlling agency for the coordination of projects involving asbestos removal or demolition for the subject property is the Georgia Environmental Protection Division, Georgia Department of Natural Resources, Lead -Based Paint and Asbestos Program, 4244 International Parkway, Suite 104, Atlanta, Georgia 30354. The contact persons are Mr_ James Jackson at (404) 363-7041 or Ms. Lisa Davidson at (404) 362-2585. QR 19-PW05 24 111 a - c APPENDIX 1 QR 19-PW05 25 1 P a g e Call Analytical Laboratories, Inc. .554 him-st' Road 62, tarrylesvi!!e, AL 359,73 Tok 256-643-5327 Fay. 256-U.3-5327 Mr Todd Jamison Managing Partner Ringneck Consulting 3330 Cobb Pkwy Suite January 04 2019 324-358 Acworth Ga 3D101 - Subject: CALI Project Number 062 19.001 Chent Project Number: Lackey Rd Project Name. Universal 1 983 Dear Mr. Todd Jamison Enclosed are the analytical results of bulk samples submitted to this laboratory 11312019 The analyses were performed by polarized light microscopy (PLM) in accordance with the EPA method as described in Perkins and Harvey, July 1993, 'Methods for the Determination of Asbestos in bulk Materials'. 61 pp. (EPMOO/R-931116). The reported percentages are volume estimates obtained by calibrated visual estimation. The results in this report apply only to the items tested An asbestos containing material (AGM) is defined by the EPA as a material that is reported to contain greater than one percent asbestos CAI I is only responsible for the accuracy of the analytical results Provided in this report and is not be held responsible for any errors resulting from improper sample collection techniques. 7 his report may not be used to claim product endorsement by NVLAP or any Other U S. Government agency Vinyl floor the samples with no asbestos detected by PLM should be submitted for confirmation by transmission electron microscopy (TEM)_ friable materials reported as containing less than 10% asbestos as determined by PLM may be resubmitted for point counting at your discretion Thank you for using CALI, a NVl AP accredited analytical laboratory. A copy of this report will be retained On file for three years Samples will be disposed of in 60 days unless return arrangements are cgmpletcd This report may tae reproducad only in its ent eety with the prior consent of CALI Please call (256) 643-5327 for any questions or comments regarding this report. Sincerely, C Clayton Gall NVLAP LAB CODE: 2DO685-0 QR 19-PW05 26 1 P a g e Call Analytical Laboratories 554 County Road 62 Goylesaille, AL 35973 Tel: 256.643-5317 Fax: 256.643.5317 CAU Project Number OB2.19-001 Project Name Universal/983 PLM Analysis Summary Client Project Number Lackey Rd Sample ID Sample Description Asbestos Percent Other Fihprs Non- Fibers Client CALI Color Texture Homogeneous Chrysoule Amosite Cmeidolite AnthophylliW Tremolitd Cellulose Glass Other 8"(*, Gther Attina8h Fekr 9931 167521 Gray ConsNdated Yes Analyzed 114+2019 by CC Lab Temp 75 Comment No Asbestos Detected. Joint mind. 61932 167522 Gray Consoldsled Yee Analyzed 8472319 by CC Lab Tom 7h Comment No Asbestos Detected, Joint mud. 9833 167523 Gray Conenldeled No Analyzed V4no19 by CC Lab Tamp 75 tommcnt No Asbestus Deimititl. DIR111 111d 161111 U NAU. 9a3.4 167524 Gray CoAsolidxed yes Analyzed 1,4.7019 by CC Lab Temp 75 Comment No Asbestos Deteoled. Drywall NAD. No joint mud. 963.5 167515 Gray Consolidated No Analyzed IAVI9 by CC LahTamp m Comment No Asbestos Detected. Tile and brown mastic NAD. hider, Jueaarr I, ?91 y IUU TCC 10 CO 1C JU GCS Puxe 1 n/4 QR 19-PWO5 27 1 P a g e roll Analytical Labomtorioe 554County APLM Analysis Summary Gayleeville, ALL 359 3597) Tel: 256.643.5317 FOX: 256-6434327 CALI Project Number 082-19-001 Client Project Number Lackey Rd Project Name Universal 1983 Sample ID Sample Description Asbestos Percent Ofhar Fibon; Non- Fibore Client CALI Color Texture Homogeneous Chryeotlle Amosite Craeldolite Anthophyllits Tremolite' Cellulase Glass Other Blnood Other Actinolite Filler 9834 167526 Blick CoMWIte+d No — r� Analyzed 114+1019 by CC Lab Temp 75 Comment No Asbestos Detected. Tile and brown mastic NAD. 983-7 167577 Gray Consolidated No 100 Analypal ''AW10 by rr Lala Tamp 71 Comment No Asbestos Detected. Tile and brown mastic NAD. 983-8 167528 Tv ConsolidAec Yes 2 98 Analyzed 11412019 by CC Lab Temp 75 Cuminanl AStweW! DamctAC. JbIAt Mud. 983.9 16752; YJAce Consobdated Yes '100 Analyzed tMt2019 by CC Lab Temp 75 Comment No Asbestos Detected. Joint mud. 9&3-10 '675M Gray Consolidated Yes 100 AnalypM r xynla by CC Lab Temp 's Comment No Asbestos Detected, Stipple. Fitidor, tenon' 4-1019 Pegs 1 ojt QR 19-PW05 28 1 P a e Call Anaokal Laboratories 554 County Road 62 Ctaylesvllle, AL 35973 Tel: 256643.5327 Fax; 256.643•5317 CALI Project Number 082-19-001 Project Name Un►aersal 1983 PLM Analysis Summary Client Project Number Lackey Rd Sample ID Sample Description Asbestos Percent Other Fibers Non. Fibers Client CALI Color Togture Homogeneous Chrysotile Amosite Croeldollts Anthophylllle Tremolite) Cellulose Glass Other Bmderl Other Actinalits Filler 96311 167531 Gray Cjisolidated Yes 100 Analyzed 11412019 by CC Lab Temp 75 Comment No Asbestos Detected. Stipple, 963-12 167532 Beige Coisalidasd No Analyzed 114,2019 by CC Lab Tamp 75 Comment No Asbestos Detected. Tile and glue NAD. 993.13 167533 Bfcwn Cans014ated Yes Analyzed 114120+9 by CC Lab Temp 75 Comment No Asbestos Detected, Glazing. 983.14 167534 B(Own Coreolidalied Yes Analyzed 114x10'9 by CC Lab Temp 75 Comment No Aebestoo Detected, Glazing. 983.15 167535 Black Gummy Yes Analyzed i*2ci9 by CC Lab Temp 75 Comment No Asbestos Detected, Shingle. FriAh,.IrtnurtrP 1,1A19 1C 100 i0c 100 90 page 3 014 QR 19-PWO5 29 111 a g c Call Analytical Laboratories 564 County Road 62 Gaylesvillo, AL 35973 TO1,'26843-5327 Fax.256-643-5327 CALI Project Number 082-19.001 Project Name UniversaliM Client Project Number Luckey ft Sample ID Sample Description Asbestos Percent Other Fibers Non. Fibers client CALI Color Teftfe Homagwaous ChrygotIlo Amosite CfaddolAo Anthophyllife Tromollte Cullylo$o Glass Whor Bandon Nor Attinalfte Filter W-16 1675-6 Ulm* Gummy Ygs Analyzed V02019 by CC Lob Temp 75 Comment No Asbestos Detetted. Shingle and mastic NAD. 10 90 FrifIrn, 4.201! Pqr 4;1f, 4 QR 19-PW05 30 1 P a g c Call Analytical Laboratories 554 County Road 62 Gaylesville, AL X5973 Tal; 256.643-5327 Fax: 266-043.5327 CALI Project Number 082-19.,Ij Client Pr -Ort Phlnn* 1 -,kry Rd Sample Number ftidqv, fiffrufln, 4, 201V Point Count Analysis Summary Client Project Name u9imise;363 Asbestos PpriArif fifanvt Client CALI ChrysotileChrysotileTremolite!ld Amosite CrPrIdoilte Anthopbylilto Actinolite Matrixginden 167528 -11 10� I'afflamidwo 66cd uJilly MOAU111411ii WNUU v 16ti, IYM,v A = tClOt ObeStOS P04115 Counted Delerlion Limit is 1% le1n;ashallas pkqe I gf I Comments 2 Points Uumed QR 19-PWO5 31111 Li , e APPENDIX 2 u QR 19-PWO5 32 1 P a g e The Environmental InstiN e . t Todd Jamison Social Scarily Number - XXX -XX -0233 Ringneck Consuiling Services, Inc. - 3330 Cobb Parkway, Suibe 324-21,558 - Acworth, Georgia 30101 Has completed coursework and satisfector0y passed an examination that meets all criteria required for EPA/AHERA/ASHARA (TSCA True 11) Approved Reaccredhadon Asbestos in Buildings. Inspector & Management Planner Refresher July 24, 2018 16962 Course, Dwo C:enrWala Mntaer July 241 201.8 Biammallon Dole Juhl 23, 2019 Exprabon Dote a s a La - Prrrapar rnainx�or {fir RseAel E mAd Inbirarbr 6;41 VV. Hwus-TramingManagw (Approved by the ABIH Certification Maintenance Committee for 1 CM point - Approval 811495) (Florida Provider Reostration NPL494)001342 - Inspector Ref.Courae 0)(021105. Mgmt Plan faei. Course 8000G1t06) TEI -1841 West Oak Parkway, Suite t= - Marietta, Georgia 30082 - (7701427-3,600 - www.W-ati.com QR 19-PWO5 33 1 P a , c The Environmental Institute Jeffreu owal ski Social Secwity Number • XXX -X}0277 Universal Englneerng Sciences - 3040 Business Park Dnve. Suite F - Norcross, Georgle 30071 Has completed coursework and satisfactorily passed an examination that meets all criteria required for EPA(AHERA/ASHARA (TSCA Title lt) Approved Accreditation Asbestos in Buildings: Inspection and Assessment December 3-5, 2018 5152 UMMI? U13119 entflcale Number December 5, 2018 E,aminalion Date December 4, 2019 Expiration Date Owin W Hogue - Prine"I Instwebor f halnin9 anar)s. AIL Reehet cCa -Exam dmfs Valor (Approved by the AB1H Certification Mainlenance Committee for 3 CM points • Approval s14-5291 (Florida Provider Registration Number FL49-0001342 - Course UF"9-00047b0) TEI - 1841 West Oak Parkway, Suite F - Marietta, Georgia 30062 - (770) 427-3600 - www.tei-atl.corn QR 19-PWO5 341 P a c TO NIP ESTABLISHED 2" [BIDDERS MUST RETURN THIS FORM WITH BID RESPONSE] QUALIFICATIONS SIGNATURE AND CERTIFICATION I certify that this offer is made without prior understanding, agreement, or connection with any corporation, firm, or person submitting a proposal for the same materials, supplies, equipment, or services and is in all respects fair and without collusion or fraud. I understand collusive bidding is a violation of State and Federal Law and can result in fines, prison sentences, and civil damage awards. I agree to abide by all conditions of the proposal and certify that I am authorized to sign this proposal for the proposer. I further certify that the provisions of the Official Code of Georgia Annotated, including but not limited to Title 32, Chapter 4, Article 4, Part 2 and Sections 45-10-20 et seq. have not been violated and will not be violated in any respect. Authorized Signatu Print/Type Name Print/Type Company Name Here ate CORPORATE CERTIFICATE I, , certify that I am the Secretary of the Corporation named as Contractor in the foregoing bid; that who signed said bid in behalf of the Contractor, was then (title) of said Corporation; that said bid was duly signed for and in behalf of said Corporation by authority of its Board of Directors, and is within the scope of its corporate powers; that said Corporation is organized under the laws of the State of This (Signature) day of 20 (Seal) QR 19-PW05 35 1 P u (-, c MILT(-) CT ESTABLISHED 2006 [BIDDERS MUST RETURN THIS FORM WITH BID RESPONSE] LIST OF SUBCONTRACTORS I do , do not , propose to subcontract some of the work on this project. I propose to Subcontract work to the following subcontractors: Company Name: QR 19-PWO5 361 P a u, c MII_TONI� ESTABLISHED 2006 [BIDDERS MUST RETURN THIS FORM WITH BID RESPONSE] STATE OF GEORGIA CITY OF MILTON CONTRACTOR AFFIDAVIT AND AGREEMENT By executing this affidavit, the undersigned contractor verifies its compliance with O.C.G.A. § 13- 10-91, stating affirmatively that the individual, firm, or corporation which is engaged in the physical performance of services on behalf of the City of Milton has registered with, is authorized to use and uses the federal work authorization program commonly known as E -Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91. Furthermore, the undersigned contractor will continue to use the federal work authorization program throughout the contract period and the undersigned contractor will contract for the physical performance of services in satisfaction of such contract only with subcontractors who present an affidavit to the contractor with the information required by O.C.G.A. § 13-10-91(b). Contractor hereby attests that its federal work authorization user identification number and date of authorization are as follows: eVerify Number Date of Authorization Name of Contractor Demolition Project - 1000 Lackey Rd, Milton GA Name of Public Employer I hereby declare under penalty of perjury that the foregoing is true and correct. Executed on 201 in (city), (state). Signature of Authorized Officer or Agent Printed Name and Title of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE DAY OF 201. NOTARY PUBLIC [NOTARY SEAL] My Commission Expires: QR 19-PWO5 371 I' �� M11 ESTABLISHED 2006 [BIDDERS MUST RETURN THIS FORM WITH BID RESPONSE] BID SCHEDULE 1000 Lackey Road, Milton GA - Bid Amount: (Dollar Amount in Numbers) (Company Name) (Signature) (Printed Name) Total Bid Price Print Total Bid Price Fill out "Lump Sum" column, "Total Amount" column, and "Total Bid Price" Actual price to the City will be based on actual quantity multiplied by the bid "Unit Price". Number of days to fully complete project (exclude weather related days) In compliance with the attached Specification, the undersigned offers and agrees that if this Bid is accepted, by the City Council within One Hundred and Twenty (120) days of the date of Bid opening, that he will furnish any or all of the Items upon which Prices are quoted, at the Price set opposite each Item, delivered to the designated point(s) within the time specified in the Bid Schedule. COMPANY VO�; AUTHORIZED SIGNATUR PRINT / TYPE NAME TITLE QR 19-PW05 38 1 P a g e T N N� I L ESTABLISHED 2006 [BIDDERS MUST RETURN THIS FORM WITH BID RESPONSE] DISCLOSURE FORM This form is for disclosure of campaign contributions and family member relations with City of Milton officials/employees. Please complete this form and return as part of your bid package when it is submitted. Name of Bidder Name and the official position of the Milton Official to whom the campaign contribution was made (Please use a separate form for each official to whom a contribution has been made in the past two (2) years.) List the dollar amount/value and description of each campaign contribution made over the past two (2) years by the Applicant/Opponent to the named Milton Official. Amount/Value Description Please list any family member that is currently (or has been employed within the last 9 months) by the City of Milton and your relation: QR 19-PW05 391 P a - e SCHEDULE OF EVENTS FOR REFERENCE ONLY - DO NOT SUBMIT WITH BID RESPONSE Event: Release of Informal Bid Pre -Bid Meeting on Location 1000 Lackey Road, Milton, Georgia 30004 Deadline for Written Questions Date: January 31, 2019 February 6, 2019 @ 9:00 AM February 8, 2019 @ 5:00 PM *Questions may be emailed to: bids@ cityofmiltonga.us or submitted electronically via Milton's BidNet procurement portal/platform at www.cityofmiltonga.us City of Milton Addendum (on or about) February 11, 2019 (Official answers to questions and potential changes to ITB. Addendum will be posted at the same web locations as the ITB) Bids due: February 15, 2019 @ 5:OOPM **Bids may be emailed to: bids@cityofmiltonga.us or submitted electronically via Milton's BidNet procurement portal/platform at www.cityofmiltonga.us If you have registered with the City of Milton as a vendor via BidNet procurement portal/platform, or are already a member of the Georgia Purchasing Group, you may submit your questions and bid online at www.cityofmiltonga.us via the BidNet procurement portal/platform. If you are not a registered vendor/member you may email your questions and bid to bids@cityofmiltonga.us . We encourage you to register with us as a vendor. There is no cost to join, and you will be notified of any potential bid opportunities with the City of Milton as well as other agencies who are part of the Georgia Purchasing Group. Contract Award (On/about) Notice to Proceed Issued (On/about) March 4, 2019 March 5, 2019 QR 19-PW05 40 1 Pa (-, c M I LTON' ESIABHSHELP lttW ACKNOWLEDGEMENT RECEIPT OF ADDENDUM #1 QR 19-PW05 Upon receipt of documents, please email, fax or mail this page to: City of Milton Attn: Honor Motes, Purchasing Office 2006 Heritage Walk Milton, GA 30004 Phone: 678-242-2500 Fax: 678-242-2499 Email: honor.motes@cityofmiltonga.us I hereby acknowledge receipt of documents pertaining to the above referenced solicitation. COMPANY NAME: CONTACT PERSON: ADDRESS: CITY: STATE: ZIP: PHONE: FAX: EMAIL ADDRESS: Signature ADDENDUM #1 Date 1 I Page QR19-PW05Addend um #I M I LTON'tt t51A6L1511 C� '0.k ADDENDUM #1 QR 19-PW05 Questions and Answers This Addendum forms a part of the contract documents and modifies the original solicitation documents as noted below: Questions Received at the Pre-bid/Jobsite Visit, February 6, 2019 @ 9:00 a.m. : Does the well -house structure stay on the property? - Yes 2. Will the electricity to the well -house already be disconnected? Yes 3. Root cellar - debris removed and back-filled to grade? - All debris and construction materials will need to be removed from the root cellar as part of the demolition and backfilled to match grade. No debris, construction material, or foliage will be buried. 4. Construction entrance - what are the requirements? - Construction entrances are required with the proper geotextile fabric placed beneath the aggregate. The City will work with the Contractor for proper location of the entrance. Questions Received via Email: 1. Do you know the square footage to be torn down? These are estimates: House = 2300sf, Shed = 1 100sf 2 1 P a - e QR19-PW05Addendum #I SEALED BID QR19-PW05 Demolition Project 1000 Lackey Road, Milton, GA 30004 February 15, 2019 5:00 PM Submitted To: City of Milton 2006 Heritage Walk, Milton, GA 30004 Bids@CityOfMiltonGA. US Submitted By: ZUl NTECH I SOLUTIONS 2550 Lithonia West Drive Lithonia, Georgia 30058 102 Sangaree Park Court, Suite 4, Summerville, SC 29486 BUSINESS SENSITIVE - PROPRIETARY This proposal or quotation includes data that shall not be disclosed outside of the City of Milton and shall not be duplicated, used, or disclosed—in whole or in part—for any purpose other than to evaluate this proposal or quotation. If, however, a contract is awarded to this offeror or quoter as a result of—or in connection with—the submission of this data, the City of Milton shall have the right to duplicate, use, or disclose the data to the extent provided in the resulting contract. This restriction does not limit the City of Milton the right to use information contained in this data if it is obtained from another source without restriction. Sheets with data subject to this restriction are appropriately marked. EMAIL SUBMISSION AJ MILTON't tsrneu.;n_„ Vie.;. ACKNOWLEDGEMENT RECEIPT OF ADDENDUM #1 QR 19-PW05 Upon receipt of documents, please email, fax or mail this page to: City of Milton Attn: Honor Motes, Purchasing Office 2006 Heritage Walk Milton, GA 30004 Phone: 678-242-2500 Fax: 678-242-2499 Email: honor. motesCcityofmiltonQa.us I hereby acknowledge receipt of documents pertaining to the above referenced solicitation. COMPANY NAME: QUINTECH SOLUTIONS, INC. CONTACT PERSON: HAROLD GILLENS ADDRESS: 102 Sangaree Park Court, Suite 4 CITY: Summerville STATE: SC PHONE: (843) 695-0170 ZIP: 29486 FAX: (843) 695-0222 EMAI ADDRESS: HGillens@QuintechSolutionslnc.com C Signature ADDENDUM #1 2/12/2019 Date 1IPagc QR19-PW05Addendum I I tTO-NIP ESTABLISHED 2006 [BIDDERS MUST RETURN THIS FORM WITH BID RESPONSE] BID FORM and ADDENDA ACKNOWLEDGEMENT TO: PURCHASING OFFICE CITY OF MILTON MILTON, GEORGIA 30004 Ladies and Gentlemen: In compliance with your Bid, the undersigned, hereinafter termed the Bidder, proposes to enter into a Contract with the City of Milton, Georgia, to provide the necessary machinery, tools, apparatus, other means of construction, and all materials and labor specified in the Contract Documents or as necessary to complete the Work in the manner therein specified within the time specified, as therein set forth, for: QR 19-PW05 Demolition Project 1000 Lackey Road, Milton, GA The Bidder has carefully examined and fully understands the Contract, Specifications, and other documents hereto attached, has made a personal examination of the Site of the proposed Work, has satisfied himself as to the actual conditions and requirements of the Work, and hereby proposes and agrees that if his bid is accepted, he will contract with the City of Milton in full conformance with the Contract Documents. It is the intent of this Bid to include all items of construction and all Work called for in the Specifications, or otherwise a part of the Contract Documents. In accordance with the foregoing, the undersigned proposes to furnish and construct the items listed in the attached Bid schedule for the unit prices stated. The Bidder agrees that the cost of any work performed, materials furnished, services provided, or expenses incurred, which are not specifically delineated in the Contract Documents, but which are incidental to the scope, intent, and completion of the Contract, shall be deemed to have been included in the prices bid for the various items scheduled. The Bidder further proposes and agrees hereby to promptly commence the QR 19-PW05 6 1 P a e MILTON "It ESTABLISHED 2006 Work with adequate forces and equipment within ten (10) calendar days from receipt of Notice to Proceed and to complete all Work within thirty (30) calendar days from the Notice to Proceed. if weather affects the required completion schedule, The City and selected Bidder will negotiate a new completion date. Attached hereto is an executed Bid Bond in the amount of $23,950.00 Dollars ($ (Five Percent of Amount Bid). If this bid shall be accepted by the City of Milton and the undersigned shall fail to execute a satisfactory contract in the form of said proposed Contract, and give satisfactory Performance and Payment Bonds, or furnish satisfactory proof of carriage of the insurance required within ten days from the date of Notice of Award of the Contract, then the City of Milton may, at its option, determine that the undersigned abandoned the Contract and there upon this bid shall be null and void, and the sum stipulated in the attached Bid Bond shall be forfeited to the City of Milton as liquidated damages. Bidder acknowledges receipt of the following addenda: Addendum No. 1 Date viewed 2/12/2019 Bidder further declares that the full name and resident address of Bidder's Principal is as follows: Signed, sealed, and dated this 13 day of February , 2019 Bidder Mailing Address: 102 Sangaree Park Court, Suite 4 Summerville, SC 29486 1641 Bidder OUINTECH SOLUTIONS, INC. (SeQI) Company Name \L Signature: Print Name: Title: HAROLD GILLENS PRESIDENT/CEO QR 19-PW05 7 1 P a c V-1, I - T T To�,- ESTABLISHED 2006 [BIDDERS MUST RETURN THIS FORM WITH BID RESPONSE] BID BOND CITY OF MILTON, GEORGIA BIDDER (Name and Address): Quintech Solutions, Inc., 102 Sangaree Park Court, Suite 4, Summerville, SC 29486 SURETY (Name and Address of Principal Place of Business): RLI Insurance Company, 9025 N. Lindbergh Drive, Peoria, IL 61615 OWNER (hereinafter referred to as the "City" (Name and Address): City of Milton, Georgia ATTN: Purchasing Office 2006 Heritage Walk Milton, Georgia 30004 BID BID DUE DATE: February 15th, 2019 PROJECT (Brief Description Including Location): Demolition Project for 1000 Lackey Road Milton, GA BOND BOND NUMBER: 474 -BB DATE (Not later that Bid due date): February 15th, 2019 PENAL SUM: S% of Ma3dmum Amount Bid NIA (Words) (Figures) IN WITNESS WHEREOF, Surety and Bidder, intending to be legally bound hereby to the City, subject to the terms printed below or on the reverse side hereof, do each cause this Bid Bond to be duly executed on its behalf by its authorized officer, agent or representative. BIDDER SURETY p't' A V y`� Quintech Solutions, Inc. (Seal) RLI Insurance Company Bidder's Ho and Corporate Seal Surety's Name and Cor to Segl o By: B J C.0 y Signature and Title: President/CEO ign ture and Titl :Kim D. Santias ty� r��-=tn=Fact (Attach P we of Attomey) ' Attest: Attest Sign ture d Title: Business Dev. CooRiiF��tor Signat a and Title: Katherine Smith, BAM QR 19-PW05 8 1 P a e Note: (1) Above addresses are to be used for giving any notice required by the terms of this Bid Bond. (2) Any singular reference to Bidder, Surety, the City or any other party shall be considered plural where applicable. 1. Bidder and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to pay to the City upon Default of Bidder the penal sum set forth on the face of this Bond. 2. Default of Bidder shall occur upon the failure of Bidder to deliver within the time required by the Bidding Documents (or any extension of that time agreed to in writing by the City) the executed Agreement required by the Bidding Documents and any performance and payment Bonds required by the Bidding Documents. 3. This obligation shall be null and void if: 3.1 The City accepts Bidder's Bid and Bidder delivers within the time required by the Bidding Documents (or any extension of that time agreed to in writing by the City) the executed Agreement required by the Bidding Documents and any performance and payment Bonds required by the Bidding Documents; or 3.2 All Bids are rejected by the City; or 3.3 The City fails to issue a Notice of Award to Bidder within the time specified in the Bidding Documents (or any extension of that time agreed to in writing by Bidder and, if applicable, consented to by Surety when required by paragraph 5 hereof). 4. Payment under this Bond will be due and payable upon Default by Bidder within 30 calendar days after receipt by Bidder and Surety of a written Notice of Default from the City, which Notice will be given with reasonable promptness and will identify this Bond and the Project and include a statement of the amount due. 5. Surety waives notice of, as well as any and all defenses based on or arising out of, any time extension to issue a Notice of Award agreed to in writing by the City and Bidder, provided that the total time, including extensions, for issuing a Notice of Award shall not in the aggregate exceed 120 days from Bid due date without Surety's written consent. 6. No suit or action shall be commenced under this Bond either prior to 30 calendar days after the Notice of Default required in paragraph 4 above is received by Bidder and Surety or later than one year after Bid due date. 7. Any suit or action under this Bond shall be commenced only in a court of competent jurisdiction located in the State of Georgia. 8. Notices required hereunder shall be in writing and sent to Bidder and Surety at their respective addresses shown on the face of this Bond. Such notices may be sent by personal delivery, commercial courier or by United States Registered or Certified Mail, QR 19-PW05 9 1 P a e return receipt requested, postage pre -paid, and shall be deemed to be effective upon receipt by the party concerned. 9. Surety shall cause to be attached to this Bond a current and effective Power of Attorney evidencing the authority of the officer, agent or representative who executed this Bond on behalf of Surety to execute, seal and deliver such Bond and bind the Surety thereby. 10. This Bond is intended to conform to all applicable statutory requirements. Any applicable requirement of any applicable statute that has been omitted from this Bond shall be deemed to be included herein as if set forth at length. If any provision of this Bond conflicts with any applicable statute, then the provision of said statute shall govern and the remainder of this Bond that is not in conflict therewith shall continue in full force and effect. 11. The term "Bid" as used herein includes -a Bid, offer or proposal, as applicable under the particular circumstances. 12. The terms of this Bid Bond shall be governed by the laws of the State of Georgia. QR 19-PW05 10 1 P a Y, e POWER OF ATTORNEY RLI Insurance Company Contractors Bonding and Insurance Company 9025 N. Lindbergh Dr. Peoria, IL 61615 Phone: 800-645-2402 Know AU Men by These Presents: That this Power of Attorney is not valid or in effect unless attached to the bond which it authorizes executed, but may be detached by the approving officer if desired. That RLI Insurance Company and/or Contractors Bonding and Insurance Company, each an Illinois corporation, (separately and together, the "Company") do hereby make, constitute and appoint: Joshua Etemadi, Edin Zukanovic. Kimberly D. Santiago. Nebivou Avnu. jointly or severally in the City of Herndon , State of Virginia its true and lawful Agent(s) and Attomey(s) in Fact, with full power and authority hereby conferred, to sign, execute, acknowledge and deliver for and on its behalf as Surety, in general, any and all bonds and undertakings in an amount not to exceed Twenty Five Million Dollars ( $25,000,000.00 ) for any single obligation. The acknowledgment and execution of such bond by the said Attorney in Fact shall be as binding upon the Company as if such bond had been executed and acknowledged by the regularly elected officers of the Company. RLI Insurance Company and/or Contractors Bonding and Insurance Company, as applicable, have each further certified that the following is a true and exact copy of a Resolution adopted by the Board of Directors of each such corporation, and is now in force, to -wit: "All bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary, any Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or Agents who shall have authority to issue bonds, policies or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile." IN WITNESS WHEREOF, the RLI Insurance Company and/or Contractors Bonding and Insurance Company, as applicable, have caused these presents to be executed by its respective Vice President with its corporate seal affixed this 7th day of November 221$ . o `Zr;' �wroMr . SEAL .-V SEAL State of Illinois County of Peoria } SS On this 7th day of November 2018 , before me, a Notary Public, personally appeared Barton W. Davis who being by me duly sworn, acknowledged that he signed the above Power of Attorney as the aforesaid officer of the RLI Insurance Company and/or Contractors Bonding and Insurance Company and acknowledged said instrument to be the voluntary act and decd of said corporation. By: t f I Z(�I�rl �/t'l. (,lY� ►r�1� Gretchen L. Johnigk Notary Public 3::36550_0/= RLI Insurance Company Contractors Bonding and Insurance CompanyBy: _ / or Barton W. Davis Vice President CERTIFICATE I. the undersigned officer of RLI Insurance Company and/or Contractors Bonding and Insurance Company, do hereby certify that the attached Power of Attorney is in full force and effect and is irrevocable: and furthermore, that the Resolution of the Company as set forth in the Power of Attorney, is now in force. In testimony whereof, I have hereunto set my hand and the seal of the RLI Insurance Company and/or Contractors Bonding and Insurance Company this l )TH day of 2011. RLI Insurance Company Contractors Bonding and Insurance Company JeanM tephenson ' cr C�rpbtt t�ye ScciLatar�Z a 1,,40058817 MILTON "It ESTABLISHED 2006 [BIDDERS MUST RETURN THIS FORM WITH BID RESPONSE] QUALIFICATIONS SIGNATURE AND CERTIFICATION I certify that this offer is made without prior understanding, agreement, or connection with any corporation, firm, or person submitting a proposal for the same materials, supplies, equipment, or services and is in all respects fair and without collusion or fraud. I understand collusive bidding is a violation of State and Federal Law and can result in fines, prison sentences, and civil damage awards. I agree to abide by all conditions of the proposal and certify that I am authorized to sign this proposal for the proposer. I further certify that the provisions of the Official Code of Georgia Annotated, including but not limited to Title 32, Chapter 4, Article 4, Part 2 and Sections 45-10-20 et seq. have not been violated and wild t be violated in any respect. Authorized Signature � Date February 12, 2019 Print/Type Name HAROLD GILLENS Print/Type Company Name Here QUINTECH SOLUTIONS, INC. CORPORATE CERTIFICATE I, HAROLD GILLENS , certify that I am the Secretary of the Corporation named as Contractor in the foregoing bid; that HAROLD GILLENS who signed said bid in behalf of the Contractor, was then (title) PRESIDENT/CEO of said Corporation; that said bid was duly signed for and in behalf of said Corporation by authority of its Board of Directors, and is within the scope of its corporate powers; that said Corporation is organized under the laws of the State of SOUTH CAROLINA This 12 day of February _,2019 -4, L. (Seal) (Signature) QR 19-PW05 351 P a g c M ILTO ESTABLISHED 2006 [BIDDERS MUST RETURN THIS FORM WITH BID RESPONSE] LIST OF SUBCONTRACTORS I do V , do not , propose to subcontract some of the work on this project. I propose to Subcontract work to the following subcontractors: C World Enterrpises, Inc. Company Name: QUINTECH SOLUTIONS, INC. QR 19-PW05 36 1 P a g e ^ if Olt ESTABLISHED 2006 [BIDDERS MUST RETURN THIS FORM WITH BID RESPONSE] STATE OF GEORGIA CITY OF MILTON CONTRACTOR AFFIDAVIT AND AGREEMENT By executing this affidavit, the undersigned contractor verifies its compliance with O.C.G.A. § 13- 10-91, stating affirmatively that the individual, firm, or corporation which is engaged in the physical performance of services on behalf of the City of Milton has registered with, is authorized to use and uses the federal work authorization program commonly known as E -Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91. Furthermore, the undersigned contractor will continue to use the federal work authorization program throughout the contract period and the undersigned contractor will contract for the physical performance of services in satisfaction of such contract only with subcontractors who present an affidavit to the contractor with the information required by O.C.G.A. § 13-10-91(b). Contractor hereby attests that its federal work authorization user identification number and date of authorization are as follows: 590711 eVerify Number 08/13/2012 Date of Authorization QUINTECH SOLUTIONS, INC. Name of Contractor In Reference to Project: Demolition Project - 1000 Lackey Rd, Milton GA Name of Public Employer I hereby declare under penalty of perjury that the foregoing is true and correct. Executed on February, 12 , 2019 in Summerville (city), Sc (state). Signature of Authorized Officer or Agent HAROLD GILLENS, PRESIDENT Printed Name and Title of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE 1.2 DAY OF F -BRVAeZ 2011. NOT Y PU LIC [NOTARY SEAL] _a My Commission Expires: 0/A -7 QR 19-PW05 37 1 P a e ESTABLISHED 2006 [BIDDERS MUST RETURN THIS FORM WITH BID RESPONSE] BID SCHEDULE 1000 Lackey Road, Milton GA - Bid Amount: $23,950.00 (Dollar Amount in Numbers) QUINTECH SOLUTIONS, INC. (Compo Ze), (Signature) HAROLD GILLENS (Printed Name) Total Bid Price $ 23,950.00 Print Total Bid Price Twenty -Three Thousand, Nine -Hundred & Fifty Dollars & Zero Cents Fill out "Lump Sum" column,'Total Amount" column, and'Total Bid Price" Actual price to the City will be based on actual quantity multiplied by the bid "Unit Price". Number of days to fully complete project (exclude weather related days) 30 Days In compliance with the attached Specification, the undersigned offers and agrees that if this Bid is accepted, by the City Council within One Hundred and Twenty (120) days of the date of Bid opening, that he will furnish any or all of the Items upon which Prices are quoted, at the Price set opposite each Item, delivered to the designated point(s) within the time specified in the Bid Schedule. COMPANYQUINTECH SOLUTIONS, INC. ADDRESS -1 02 Sangaree Path Court, Suite AUTHORIZED SIGNATUR PRINT / TYPE NAME HAROLD GILLENS TITLE PRESIDENT/ CEO QR 19-PW05 38113 a g e !.,TON" ESTABLISHED 2006 [BIDDERS MUST RETURN THIS FORM WITH BID RESPONSE] DISCLOSURE FORM This form is for disclosure of campaign contributions and family member relations with City of Milton officials/employees. Please complete this form and return as part of your bid package when it is submitted. Name of Bidder QUINTECH SOLUTIONS, INC. Name and the official position of the Milton Official to whom the campaign contribution was made (Please use a separate form for each official to whom a contribution has been made in the past two (2) years.) N/A List the dollar amount/value and description of each campaign contribution made over the past two (2) years by the Applicant/Opponent to the named Milton Official. Amount/Value Description Please list any family member that is currently (or has been employed within the last 9 months) by the City of Milton and your relation: N/A QR 19-PWO5 391 P a g e IVAN 11 Upyv", nl uNcnl -nq I ITI'I _7 ■ =klf/ 1'1 L_� OF LIABILITYINSURANCE . ATE (MM/DD/YYYY)CERTIFICATE E02120/2019 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER License # 1000009384 CONT NAM6acr Meredith Thomason Hub International Carolinas 1330 Lady Street Columbia, SC 29201 PAHONN ,Ext ; (864) 213-4439 FAX No ; Ao AIE , Meredith.Thomason—@hubinternational.com INSURERS AFFORDING COVERAGE MAIC # 12/02/2019 INSURER A: Associated Industries Insurance Company, Inc. 23140 DAMAGE DAMAGE TO RENTED 10®,OOO a ccu re .e $ INSURED INSURER B :Association Casualty Insurance Company 35629 INSURERC: Quintech Solutions, Inc. INSURER D 102 Sangaree Park Ct, Ste 4 Summerville, SC 29486 INSURER E INSURER F: AUTOMOBILE nnVPPAnFC r_9=PTI9:Ir_AT9= All IM62FR• !?I=%11lQI IAI Kill 1nRl2F®. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. 1NSR T TY INSURANCE ADDL INSD SUBR WV POLICY NUMBER POLICY EFF ID I Y POLICY EXP I YY LIMITS A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE X OCCURAES103683603 X X 12/02/2018 12/02/2019 EACH OCCURRENCE $ 1,000,000 DAMAGE DAMAGE TO RENTED 10®,OOO a ccu re .e $ MED EXP (Any oneperson) $ 5,000 PERSONAL & ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY 1 ^ 1 7 LOC OTHER: GENERAL AGGREGATE $ 2,000,000 PRODUCTS - COMPIOP AGG $ 2,000,000 $ AUTOMOBILE LIABILITY ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS HIRED NON -0 ED AUTOS ONLY AUTOS ONLY EOMBINdEDtSINGLE LIMIT $ BODILY INJURY Per erson $ BODILY INJURY Per accident $ PROPERTY DAMAGE Per accident $ $ B X UMBRELLA LIAB EXCESS LIAB X OCCUR CLAIMS -MADE X X EXA1055334-00 12/02/2018 12/02/2019 EACH OCCURRENCE $ 2,000,000 AGGREGATE $ 2,000,000 DED RETENTION $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y I N ANY PROPRIETOR/PARTNER/EXECUTIVE 1E.L. OFFICERWEMBER EXCLUDED? IMandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below N / A I PER OTH- A LITE ER EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ E.L. DISEASE - POLICY LIMIT $ DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space Is required) Ref: Lodge Demolition Project at 1000 Lackey Road, Milton GA City of Milton 2006 Heritage Walk Milton, GA 30004 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE q--� vqft-zo ACORD 25 (2016103) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD i 1 ® CERTIFICATELIABILITY DATE (MM/DD/YYYY) 3/7/2019 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Arc No Ex : (866)282 9723 A/C No : (866) 828-2424 ADDRESS: Certificate@Hanover.com HPB INSURANCE GROUP INC INSURERS AFFORDING COVERAGE NAIC # PO BOX 890 INSURERA: Allmerica Financial Benefit 41840 HIGH POINT NC 27261 INSURED INSURER B : Massachusetts. Bay Ins Co 22306 INSURER C : INSURER D : QUINTECH SOLUTIONS INC INSURER E : 102 SANGAREE PARK CT STE 4 INSURER F: SUMMERVILLE SC 29483 COVFRAnFR CERTIFICATF NIIMRFR- RFVISION N11MRFRr THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. IPOLICY LTR R LT OF INSURANCE ADDLTYPE IVSD WVD SUER POLICY NUMBER EFF MMIDDIYYYY POLICY EXP MM/DD/YYYY LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ CLAIMS -MADE D OCCUR ---- — —.. DAMAGE TO RENTED PREMISES Ea occurrence $ MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ POLICY❑ PRO• ❑ LOC JECT PRODUCTS - COMP/OP AGG $ OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 Ea accident BODILY INJURY (Per person) $ ANY AUTO A OWNED SCHEDULED AUTOS ONLY AUTOS N N AW6 D227536 01 05/31/2018 05/31/2019 BODILY INJURY (Per accident) $ PROPERTY DAMAGE $ Per accident NON -OWNED HIREDrl/ AUTOS ONLY AUTOS ONLY UMBRELLA LIAB OCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS LIAB CLAIMS -MADE DED RETENTION $ $ B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANYPROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? YNIA (Mandatory in. NH) N WD6 D206544 01 05/31/2018 05/31/2019 V STATUTE ERH E.L. EACH ACCIDENT $ 1,000,000 - E.L. DISEASE - EA EMPLOYEE $ 1.000,000 if yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE- POLICY LIMIT $ 1 000,000 C Business Personal Property N N FB6 D206383 01 05/31/2019 05/31/2020 $40,994 LIMIT / $500 DED/RC DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Location 1: 102 SANGAREE PARK CT. STE 4, Summerville, SC 29483 Excluded Officer(s): HAROLD C GILLENS RE` Project Demolition Project 1000 Lackey Road, Milton GA Lrl_110lV SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. CITY OF MILTON AUTHORIZED REPRESENTATIVE 2006 HERITAGE WALK l MILTON GA 300046tiL�(` Cc) 19RA-2n15 ACORD CORPORATION_ All riahts reserved_ ACORD25 (2016/03) The ACORD name and logo are registered marks of ACORD Exhibit "C" 'TO N ESTABLISHED 2006 [BIDDERS MUST RETURN THIS FORM WITH BID RESPONSE] STATE OF GEORGIA CITY OF MILTON CONTRACTOR AFFIDAVIT AND AGREEMENT By executing this affidavit, the undersigned contractor verifies its compliance with O.C.G.A. § 13- 10-91, stating affirmatively that the individual, firm, or corporation which is engaged in the physical performance of services on behalf of the City of Milton has registered with, is authorized to use and uses the federal work authorization program commonly known as E -Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91. Furthermore, the undersigned contractor will continue to use the federal work authorization program throughout the contract period and the undersigned contractor will contract for the physical performance of services in satisfaction of such contract only with subcontractors who present an affidavit to the contractor with the information required by O.C.G.A. § 13-10-91(b). Contractor hereby attests that its federal work authorization user identification number and date of authorization are as follows: 590711 eVerify Number 08/13/2012 Date of Authorization QUINTECH SOLUTIONS, INC. Name of Contractor In Reference to Project: Demolition Project - 1000 Lackey Rd, Milton GA Name of Public Employer 1 hereby declare under penalty of perjury that the foregoing is true and correct. Executed on February, 12 2019 in Summerville (city), sc_ (state). Signature of Authorized Officer or Agent HAROLD GILLENS, PRESIDENT Printed Name and Title of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE 1.2 DAY OF �c�Puq¢� _, 201 . NOT Y PU LIC [NOTARY SEAL] My Commission Expires: 2 -7 _ QR 19-PW05 371 P a,, e 2 0,1411111 Y 81 STATE OF _ COUNTY OF 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 Quintech Solutions, Inc. 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: Federal Work Authorization User Identification Number Date of Authorization Name of Subcontractor Demolition Project — 1000 Lackey Rd, Milton GA Name of Project City of Milton, Georgia Name of Public Employer I hereby declare under penalty of perjury that the foregoing is true and correct. Executed on , 201_ in (city), (state). Signature of Authorized Officer or Agent Printed Name and Title of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE DAY OF , 201_. NOTARY PUBLIC My Commission Expires: Bond Number: RCB0021837 KNOW ALL MEN BY THESE PRESENTS THAT Quintech Solutions, Inc. (as CONTRACTOR, hereinafter referred to as the "Principal"), and RLI Insurance Company, 9025 N. Lindbergh Drive, Peoria, IL 61615 (as SURETY COMPANY, hereinafter referred to as the "CONTRACTOR'S SURETY"), are held and finely bound unto City of Milton, Georgia (as OWNER, hereinafter referred to as the "City"), for the use and benefit of the City, in the sum of twenty-three thousand, nine -hundred and fifty dollars ($23,950.00), lawful money of the United States of America, for the payment of which the Principal and the Contractor's Surety bind themselves, their heirs, executors, administrators, successors and assigns; jointly and severally, firmly by these presents. WHEREAS, the Principal has entered, or is about to enter, into a certain written agreement with the City for the construction of a project known as Demolition Project — 1000 Lackey Rd, Milton GA (hereinafter referred to as "the PROJECT"), which agreement is incorporated herein by reference in its entirety (hereinafter referred to as the "CONTRACT" ),. NOW THEREFORE, the conditions of this obligation arc as follows: 1, That if the Principal shall fully and completely perforrn each and all of the terms, provisions and requirements of the Contract, including and during the period of any warranties or guarantees required thereunder, and all modifications, amendments, changes, deletions, additions, and alterations thereto that may hereafter be made, and if the Principal and the Contractor's Surety shall indemnify and hold harmless the City from any and all losses, liability and damages, claims, judgments, liens, costs and fees of every description, including but not limited to, any damages for delay, which the City may incur, sustain or suffer by reason of the failure or default on the part of the Principal in the performance of any and all of the terms, provisions, and requirements of the Contract, including all modifications, amendments, changes, deletions, additions, and alterations thereto, and any warranties or guarantees required thereunder, then this obligation shall be void; otherwise to remain in full force and effect; 2. In the event of failure of performance of the Contract by the Principal, which shall include, but not be limited to, any breach or default of the Contract: a. The Contractor's Surety shall commence performance of its obligations and undertakings under this Bond no later than thirty (30) calendar days after written notice from the City to the Contractor's Surety; and b. The means, method or procedure by which the Contractor's Surety undertakes to perform its obligations under this Bond shall be subject to the advance written approval of the City. The Contractor's Surety hereby waives notice of any and all modifications, omissions, additions, changes, and advance payments or deferred payments in or about the Contract, and agrees that the obligations undertaken by this Bond shall not be impaired in any manner by reason of any such modifications, omissions, additions, changes, and advance payments or deferred payments. The Parties further expressly agree that any action on this Bond may be brought within the time allowed by Georgia law for suit on contracts under seal. IN WITNESS WHERE OF, the Principal and Contractor's Surety have hereunto affixed their corporate seals and caused this obligation to be signed by their duly authorized officers or attorneys -in -fact, as set forth below. Attest: (signature) i>nN ice. SM,T (print) Title:IPiFSsvFzo�i�n�r Co��2171 r� A'j�� Date: O�;/2•'7/11 Attest: (sig ature) Katherine Smith Title: Bond Account Manager Date: April 8th , 2019 (print) CONTRACTOR ("Principal"): Ouintech Solutions, Inc - By: (signature) }}qua► D, i,��.t 5 (print) Title: T,;z1eS%C.F117` (SEAL) Date: X93/ 27/ l CONTRACTOR'S SURETY: RI.I Insurance Company "6_neignaure) By: Kimberly D. Santiago (print) ,"ung..,,,, Title: Attorney -in -Fact (SE64y.. moi, 3 •L Date: April 8th., 2019 : , �� _ R.: C, ' (ATTACH SURETY'S POWER OF ATTORNEY) 66EXHIBIT E.2" Bond Number: RCB0021837 PAYMENTBOND CITY OF MILTON, GEORGIA KNOW ALL MEN BY THESE PRESENTS THAT Quintech Solutions, Inc. (as CONTRACTOR, hereinafter referred to as the "Principal"), and RLI Insurance Company, 9025 N. Lindbergh Drive, Peoria, IL 61615 (as SURETY COMPANY, hereinafter referred to as the "CONTRACTOR'S SURETY"), are held and firmly bound unto City of Milton, Georgia (as OWNER, hereinafter referred to as the "City"), for the use and benefit of any "Claimant," as hereinafter defined, in the sum of twenty-three thousand, nine -hundred and fifty dollars ($23,950.00), lawful money of the United States of America, for the payment of which the Principal and the Contractor's Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has entered, or is about to enter, into a certain written agreement with the City for the construction of a project known as Demolition Project — 1000 Lackey Rd, Milton GA (hereinafter referred to as "the PROJECT"), which agreement is incorporated herein by reference in its entirety (hereinafter referred to as the "CONTRACT"). NOW THEREFORE, the condition of this obligation is such that if the Principal shall promptly make payment to any Claimant, as hereinafter defined, for all labor, services, and materials used or reasonably required for use in the performance of the Contract, then this obligation -shall be void; otherwise to remain in full force and effect. A "Claimant" shall be defined herein as any Subcontractor, person, Party, partnership, corporation, or other entity furnishing labor, services, or materials used or reasonably required for use in the performance of the Contract, without regard to whether such labor, services, or materials were sold; leased, or rented, and without regard to whether such Claimant is or is not in privity of the Contract with the Principal or any Subcontractor performing Work on the Project. In the event of any claim made by the Claimant against the City, or the filing of a Lien against the property of the City affected by the Contract, the Contractor's Surety shall either settle or resolve the Claim and shall remove any such Lien by bond or otherwise as provided in the Contract. The Parties further expressly agree that any action on this Bond may be brought within the time allowed by Georgia law for suit on contracts under seal. IN WITNESS WHEREOF, the 'Principal and Contractor's Surety have hereunto affixed their corporate seals and caused this obligation to be signed by their duly authorized officers, as set forth below. [SIGNATURES ON FOLLOWING PAGE] Attest: (signature) aav ULC -5Mt i 4 (printed) Title: t +NEss "L ----C ,FL,3 NW J -r— Date: Attest: (signature) Katherine Smith (printed) Title: Bond Account Manager Date: April 8th, 2019 CONTRACTOR: uintech Solutions. Inc. Bv: 4LA -- (signature) +fA e-t.-r-�- C t - r -Er -J 5 (printed) Title: li C,=u-F4T (SEAL) Date: 0-2, 217141 CONTRACTOR'S SURETY: RLI Insurance (ompan By: ature) Kimberly D. Santiago (printed) Title: Attorney -in -Pact (SEAQ, Date: April 8th, 2019 • : I� �+ ? •��A1 (ATTACI I SURETY'S POWER OF ATTORNEY) POWER OF ATTORNEY RLI Insurance Company Contractors Bonding and Insurance Company 9025 N. Lindbergh Dr. Peoria, IL 61615 Phone: 800-645-2402 Know All Men by These Presents: That this Power of Attorney is not valid or in effect unless attached to the bond which it authorizes executed, but may be detached by the approving officer if desired. That RLI Insurance Company and/or Contractors Bonding and Insurance Company, each an Illinois corporation, (separately and together, the "Company") do hereby make, constitute and appoint: Joshua Etemadi, Edin Zukanovic. Kimberly D. Santia o. Nebiyou Avnu. jointly or severally in the City of Hemdon , State of Virginia its true and lawful Agent(s) and Attorney(s) in Fact, with full power and authority hereby conferred, to sign, execute, acknowledge and deliver for and on its behalf as Surety, in general, any and all bonds and undertakings in an amount not to exceed Twenty Five Million Dollars ( $25.000.000.00 ) for any single obligation. The acknowledgment and execution of such bond by the said Attorney in Fact shall be as binding upon the Company as if such bond had been executed and acknowledged by the regularly elected officers of the Company. RLI Insurance Company and/or Contractors Bonding and Insurance Company, as applicable, have each further certified that the following is a true and exact copy of a Resolution adopted by the Board of Directors of each such corporation, and is now in force, to -wit: "All bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary, any Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or Agents who shall have authority to issue bonds, policies or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile." IN WITNESS WHEREOF, the RLI Insurance Company and/or Contractors Bonding and Insurance Company, as applicable, have caused these presents to be executed by its respective Vice President with its corporate seal affixed this 7th day of November . 2018 . o �G AND '.,p� CE ` �NSG9\�yV........ 0 Qg•.40NP OR4TR ems: •GGPPGRq rF-,9y`' SEAL = SEAL State of Illinois } SS County of Peoria J On this 7th day of November 2018 , before me, a Notary Public, personally appeared Barton W. Davis who being by me duly sworn, acknowledged that he signed the above Power of Attorney as the aforesaid officer of the RLI Insurance Company and/or Contractors Bonding and Insurance Company and acknowledged said instrument to be the voluntary act and deed of said corporation. By: t ��✓ lam' Gretchen L. Johnigk Notary Public 3773655020112 RLI Insurance Company Contractors Bonding and Insurance Company y By: �J' • &/. -?�'I Barton W. Davis Vice President CERTIFICATE I, the undersigned officer of RLI Insurance Company and/or Contractors Bonding and Insurance Company, do hereby certify that the attached Power of Attorney is in full force and effect and is irrevocable; and furthermore, that the Resolution of the Company as set forth in the Power of Attorney, is now in force. In testimony whereof, I have hereunto set my hand and the seal of the RLI Insurance Company and/or Contractors Bonding and Insurance Company this —ZIA3L_ day of a2M t . pntA . RLI Insurance Company Contractors Bonding and Insurance Company Jean M tephenson V: CWr e ge. tafij -_5 : c, ?`y BL: re W'; QUINOns My Commission Expires Ma y 26, 2020 3773655020112 RLI Insurance Company Contractors Bonding and Insurance Company y By: �J' • &/. -?�'I Barton W. Davis Vice President CERTIFICATE I, the undersigned officer of RLI Insurance Company and/or Contractors Bonding and Insurance Company, do hereby certify that the attached Power of Attorney is in full force and effect and is irrevocable; and furthermore, that the Resolution of the Company as set forth in the Power of Attorney, is now in force. In testimony whereof, I have hereunto set my hand and the seal of the RLI Insurance Company and/or Contractors Bonding and Insurance Company this —ZIA3L_ day of a2M t . pntA . RLI Insurance Company Contractors Bonding and Insurance Company Jean M tephenson V: CWr e ge. tafij -_5 : c, ?`y FROM: AGENDA ITEM: MEETING DATE: I LTONI r 7 ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM Council DATE: April 2, 2019 Steven Krokoff, City Manager L�w Approval of a Professional Services Agreement between the City of Milton and the Mercer Group to Provide Consulting Services for the Recruitment of the Director of Public Works Position. Monday, April 8, 2019 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (PROVED (J NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: ((S (J NO CITY ATTORNEY REVIEW REQUIRED: V YES (J NO APPROVAL BY CITY ATTORNEY: 1APPROVED () NOT APPROVED PLACED ON AGENDA FOR: 0 y/0r) 19 2006 Heritage Walk Milton, GA 0000 P: 678.242.25001 F: 678.242.2499 info@cityofmiltonga.us I www.cityofmiltonga.us To: Honorable Mayor and City Council Members From: Sam Trager, Director of Human Resources Date: Submitted April 3, 2019 for the April 8, 2019 Regular City Council Meeting Agenda Item: Approval of a Professional Services Agreement between the City of Milton and the Mercer Group to Provide Consulting Services for the Recruitment of the Director of Public Works Position. Department Recommendation: Approve the attached contract with The Mercer Group to provide consulting services for a Director of Public Works Recruitment Executive Summary: The attached contract will provide the City with search services for a search for a Director of Public Works. Procurement Summary: Purchasing method used: Professional Services Account Number: 100-1540-521500008 Requisition Total: $ 21,400 Vendor DBA: N/A Financial Review: Bernadette Harvill, April 3, 2019 Legal Review: Sam Van Volkenburg, Jarrard and Davis. March 27, 2019 Concurrent Review: Steve Krokoff Attachment: Professional Services Agreement M 1 L EON' I` SED 100(. PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT is made and entered into this _ day of 2019 (the "Effective Date"), by and between the CITY OF MILTON, GEORGIA, a municipal corporation of the State of Georgia, acting by and through its governing authority, the Mayor and City Council (hereinafter referred to as the "City"), and The Mercer Group, 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 perform the Work (defined below) contemplated under this Agreement; and WHEREAS, Consultant has represented that it is qualified by training and experience to perform the Work; and WHEREAS, Consultant desires to perform the Work as set forth in this Agreement under the terms and conditions provided in this Agreement; and WHEREAS, the public interest will be served by this Agreement; and WHEREAS, Consultant has familiarized itself with the nature and extent of the Agreement, the Project, and the Work, and with all local conditions and federal, state and local laws, ordinances, rules and regulations that may in any manner affect cost, progress or performance of Work. NOW, THEREFORE, for and in consideration of the mutual promises, the public purposes, and the acknowledgements and agreements contained herein, and other good and adequate consideration, the sufficiency of which is hereby acknowledged, the Parties do mutually agree as follows: I. SCOPE OF SERVICES AND TERMINATION DATE A. Agreement. The Agreement shall consist of this Professional Services Agreement and each of the Exhibits hereto, which are incorporated herein by reference, including: Exhibit "A" — Scope of Work Exhibit `B" — Contractor Affidavit Exhibit "C" — Subcontractor Affidavit Exhibit "D" — Key Personnel B. Project Description. The "Project" at issue in this Agreement is generally described as: An Executive Search for a Director of Public Works for the City of Milton, Georgia. 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 "A", attached hereto and incorporated herein by reference. Unless otherwise stated in Exhibit "A", the Work includes all material, labor, insurance, tools, equipment, machinery, water, heat, utilities, transportation, facilities, services and any other miscellaneous items and work necessary to complete the Work. Some details necessary for proper execution and completion of the Work may not be specifically described in the Scope of Work, but they are a requirement of the Work if they are a usual and customary component of the contemplated services or are otherwise necessary for proper completion of the Work. D. Schedule, Completion Date, and Term of Agreement. Consultant understands that time is of the essence of this Agreement and warrants and represents that it will perform the Work in a prompt and timely manner. The term of this Agreement ("Term") shall commence as of the Effective Date, and expire upon completion of and payment for the Work (provided that certain obligations will survive termination/expiration of this Agreement). The Work shall be completed within 85 days after Consultant receives notice to proceed, as more specifically detailed in Exhibit "A". li. WORK CHANGES A. Change Order Defined. A "Change Order" means a written modification of the Agreement, signed by representatives of City and Consultant with appropriate authorization. B. Right to Order Changes. City reserves the right to order changes in the Work to be performed under this Agreement by altering, adding to, or deducting from the Work. All such changes shall be incorporated in written Change Orders and executed by Consultant and City. Such Change Orders shall specify the changes ordered and any necessary adjustment of compensation and completion time. Both parties agree that any Change Orders or Amendments to this Agreement shall be made in writing and executed by both parties. No proposed Change Order or Amendment which is not in writing and executed by both parties shall affect the terms of this agreement. C. Change Order Requirement. Any work added to the scope of this Agreement by a Change Order shall be executed under all the applicable conditions of this Agreement. No claim for additional compensation or extension of time shall be recognized, unless contained in a written Change Order duly executed on behalf of City and Consultant. D. Authority to Execute Change Order. The City Manager has authority to execute, without further action of the Mayor or City Council, any number of Change Orders so long as their total effect does not materially alter the terms of this Agreement or materially increase the Maximum Contract Price, as set forth in Section III(B) below. Any such Change Orders materially altering the terms of this Agreement, or any Change Order affecting the price where the Maximum Contract Price (as amended) is in excess of $50,000, must be approved by resolution of the Mayor and City Council. Amendments shall not result in a variance in price exceeding ten percent of the original contract amount. III. COMPENSATION AND METHOD OF PAYMENT A. Payment Terms. City agrees to pay Consultant for the Work performed and costs incurred by Consultant upon certification by City that the Work was actually performed and costs actually incurred in accordance with the Agreement. Compensation for Work performed and, if applicable, reimbursement for costs incurred shall be paid to Consultant upon City's receipt and approval of invoices, setting forth in detail the services performed and costs incurred, along with all supporting documents requested by City to process the invoice. City shall pay Consultant within thirty (30) days after approval of the invoice by City staff. The City agrees to compensate Mercer for its services with a base fee of $17,500 (seventeen thousand five hundred dollars). The City shall pay one-third of the base fee ($5,833.33) at the time notice to proceed is given to Mercer; one-third ($5,833.33) when applications are closed and Mercer provides a recommended list of semi-finalists to the City to be approved for more intensive review by Mercer; and the final one-third ($5,833.33) when interview packages of the semi-finalist, recommended by Mercer and approved by the City, are delivered to the City and interview dates are established by Mercer in coordination with the City. The City also agrees to reimburse Mercer for direct expenses incurred such as advertising, correspondence, third -party background checks, consultant travel/lodging, report preparation and other reasonable incidentals. Cost for direct expenses will not exceed $3900 (three thousand nine hundred dollars) without a written Change Order issued by the City. Direct expenses may be invoiced monthly or submitted for payment along with one or more installments of the base fee. The cost for final candidates to travel to the City for interviews or other reasons required by the City is not included in this agreement. Those costs will be paid by the City directly to the candidates on a reimbursement basis. B. Maximum Contract Price. The total amount paid under this Agreement as compensation for Work performed and reimbursement for costs incurred shall not, in any case, exceed $21,400.00 (the "Maximum Contract Price"), except as outlined in Section II(C) above, and Consultant represents that this amount is sufficient to perform all of the Work set forth in and contemplated by this Agreement. IV. COVENANTS OF CONSULTANT A. Expertise of Consultant- Licenses. Certification and Permits. Consultant accepts the relationship of trust and confidence established between it and City, recognizing that City's intention and purpose in entering into this Agreement is to engage an entity with the requisite capacity, experience, and professional skill and judgment to provide the Work in pursuit of the timely and competent completion of the Work undertaken by Consultant under this Agreement. Consultant shall employ only persons duly qualified in the appropriate area of expertise to perform the Work described in this Agreement. Consultant covenants and declares that it has obtained all diplomas, certificates, licenses, permits or the like required of Consultant by any and all national, state, regional, county, or local boards, agencies, commissions, committees or other regulatory bodies in order to perform the Work contracted for under this Agreement. Further, Consultant agrees that it will perform all Work in accordance with the standard of care and quality ordinarily expected of competent professionals and in compliance with all federal, state, and local laws, regulations, codes, ordinances, or orders applicable to the Project, including, but not limited to, any applicable records retention requirements and Georgia's Open Records Act (0-C.G.A. § 50-18-71, et .seq.). Any additional work or costs incurred as a result of error and/or omission by Consultant as a result of not meeting the applicable standard of care or quality will be provided by Consultant at no additional cost to City. This provision shall survive termination of this Agreement. B. RESERVED. C. RESERVED. D. Consultant's Reliance on Submissions by City. Consultant must have timely information and input from City in order to perform the Work required under this Agreement. Consultant is entitled to rely upon information provided by City, but Consultant shall provide immediate written notice to City if Consultant knows or reasonably should know that any information provided by City is erroneous, inconsistent, or otherwise problematic. E. Consultant's Representative. Mr. Alan Reddish and Ms. Lisa Ward shall be authorized to act on Consultant's behalf with respect to the Work as Consultant's designated representative, provided that this designation shall not relieve either Party of any written notice requirements set forth elsewhere in this Agreement. F. Assignment of Agreement. Consultant covenants and agrees not to assign or transfer any interest in, or delegate any duties of this Agreement, without the prior express written consent of City. As to any approved subcontractors, Consultant shall be solely responsible for reimbursing them, and City shall have no obligation to them. G. Responsibility of Consultant and Indemnification of City. Consultant covenants and agrees to take and assume all responsibility for the Work rendered in connection with this Agreement. Consultant shall defend, indemnify and hold harmless City and City's elected and appointed officials, officers, boards, commissions, employees, representatives, consultants, servants, agents, attorneys and volunteers (individually an "Indemnified Party" and collectively "Indemnified Parties") from and against any and all claims, suits, actions, judgments, injuries, damages, losses, costs, expenses and liability of any kind whatsoever, including but not limited to attorney's fees and costs of defense ("Liabilities"), which may arise from or be the result of an alleged willful, negligent or tortious act or omission arising out of the Work, performance of contracted services, or operations by Consultant, any subcontractor, anyone directly or indirectly employed by Consultant or subcontractor or anyone for whose acts or omissions Consultant or subcontractor may be liable; 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. H. Independent Contractor. Consultant hereby covenants and declares that it is engaged in an independent business and agrees to perform the Work as an independent contractor and not as the agent or employee of City_ Nothing in this Agreement shall be construed to make Consultant or any of its employees, servants, or subcontractors, an employee, servant or agent of City for any purpose. Consultant agrees to be solely responsible for its own matters relating to the time and place the Work is performed and the method used to perform such Work; the instrumentalities, tools, supplies and/or materials necessary to complete the Work; hiring of consultants, agents or employees to complete the Work; and the payment of employees, including benefits and compliance with Social Security, withholding and all other regulations governing such matters. Consultant agrees to be solely responsible for its own acts and those of its subordinates, employees, and subcontractors during the life of this Agreement. There shall be no contractual relationship between any subcontractor or supplier and City by virtue of this Agreement with Consultant. Any provisions of this Agreement that may appear to give City the right to direct Consultant as to the details of the services to be performed by Consultant or to exercise a measure of control over such services will be deemed to mean that Consultant shall follow the directions of City with regard to the results of such services only. It is further understood that this Agreement is not exclusive, and City may hire additional entities to perform the Work related to this Agreement. Inasmuch as City and Consultant are independent of each other, neither has the authority to bind the other to any third person or otherwise to act in any way as the representative of the other, unless otherwise expressly agreed to in writing signed by both Parties hereto. Consultant agrees not to represent itself as City's agent for any purpose to any party or to allow any employee of Consultant to do so, unless specifically authorized, in advance and in writing, to do so, and then only for the limited purpose stated in such authorization. Consultant shall assume full liability for any contracts or agreements Consultant enters into on behalf of City without the express knowledge and prior written consent of City. I. Insurance. Consultant warrants that it carries the following coverages through the Valley Forge Insurance Brokerage, PA, under policies written by Philadelphia Indemnity Insurance Company and Hartford Insurance Company, and will keep those coverages in effect during the term of this agreement: commercial general liability, limits of $2 million; automobile liability, limits of $2 million; workers compensation, limits of $1 million; and professional liability, limits of $2 million. Consultant has caused the agency to provide a Certificate of Insurance Coverage, naming the City as an additional insured. J. Employment of Unauthorized Aliens Prohibited — E -Verify Affidavit. Pursuant to O.C.G.A. § 13-10-91, City shall not enter into a contract for the physical performance of services unless: (1) Consultant shall provide evidence on City -provided forms, attached hereto as Exhibits `B" and "C" (affidavits regarding compliance with the E -Verify program to be sworn under oath under criminal penalty of false swearing pursuant to O.C.G.A. § 16-10-71), that it and Consultant's subcontractors have registered with, are authorized to use and use the federal work authorization program commonly known as E -Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10- 91, and that they will continue to use the federal work authorization program throughout the contract period, or (2) Consultant provides evidence that it is not required to provide an affidavit because it is an individual (not a company) licensed pursuant to Title 26 or Title 43 or by the State Bar of Georgia and is in good standing. Consultant hereby verifies that it has, prior to executing this Agreement, executed a notarized affidavit, the form of which is provided in Exhibit "B", and submitted such affidavit to City or provided City with evidence that it is an individual not required to provide such an affidavit because it is licensed and in good standing as noted in sub -subsection (2) above. Further, Consultant hereby agrees to comply with the requirements of the federal Immigration Reform and Control Act of 1986 (IRCA), P.L. 99-603, O.C.G.A. § 13-10-91 and Georgia Department of Labor Rule 300-10-1-.02. In the event Consultant employs or contracts with any subcontractor(s) in connection with the covered contract, Consultant agrees to secure from such subcontractor(s) attestation of the subcontractor's compliance with O.C.G.A. § 13-10-91 and Rule 300-10-1-.02 by the subcontractor's execution of the subcontractor affidavit, the form of which is attached hereto as Exhibit "C", which subcontractor affidavit shall become part of the Consultant/subcontractor agreement, or evidence that the subcontractor is not required to provide such an affidavit because it is an individual licensed and in good standing as noted in sub -subsection (2) above. If a subcontractor affidavit is obtained, Consultant agrees to provide a completed copy to City within five (5) business days of receipt from any subcontractor. Where Consultant is required to provide an affidavit pursuant to O.C.G.A. § 13-10-91, the City Manager or his/her designee shall be authorized to conduct an inspection of Consultant's and Consultant's subcontractors' verification process at any time to determine that the verification was correct and complete. Consultant and Consultant's subcontractors shall retain all documents and records of their respective verification process for a period of five (5) years following completion of the contract. Further, where Consultant is required to provide an affidavit pursuant to O.C.G.A. § 13-10-91, the City Manager or his/her designee shall further be authorized to conduct periodic inspections to ensure that no City Consultant or Consultant's subcontractors employ unauthorized aliens on City contracts. By entering into a contract with City, Consultant and Consultant's subcontractors agree to cooperate with any such investigation by making their records and personnel available upon reasonable notice for inspection and questioning. Where Consultant or Consultant's subcontractors are found to have employed an unauthorized alien, the City Manager or his/her designee may report same to the Department of Homeland Security. Consultant's failure to cooperate with the investigation may be sanctioned by termination of the Agreement, and Consultant shall be liable for all damages and delays occasioned by City thereby. Consultant agrees that the employee -number category designated below is applicable to Consultant. [Information only required if a contractor affidavit is required pursuant to O.C.G.A. § 13-10-91.] 500 or more employees. 100 or more employees. _x_ Fewer than 100 employees. Consultant hereby agrees that, in the event Consultant employs or contracts with any subcontractor(s) in connection with this Agreement and where the subcontractor is required to provide an affidavit pursuant to O.C.G.A. § 13-10-91, Consultant will secure from the subcontractor(s) such subcontractor(s') indication of the above employee -number category that is applicable to the subcontractor. The above requirements shall be in addition to the requirements of state and federal law, and shall be construed to be in conformity with those laws. K. Records. Reports and Audits. (1) Records. (a) Books, records, documents, account legers, data bases, and similar materials relating to the Work performed for City under this Agreement ("Records") shall be established and maintained by Consultant in accordance with applicable law and requirements prescribed by City with respect to all matters covered by this Agreement. Except as otherwise authorized or required, such Records shall be maintained for at least three (3) years from the date that final payment is made to Consultant by City under this Agreement. Furthermore, Records that are the subject of audit findings shall be retained for three (3) years or until such audit findings have been resolved, whichever is later. (b) All costs claimed or anticipated to be incurred in the performance of this Agreement shall be supported by properly executed payrolls, time records, invoices, contracts, or vouchers, or other official documentation evidencing in proper detail the nature and propriety of the charges. All checks, payrolls, invoices, contracts, vouchers, orders or other accounting documents pertaining in whole or in part to this Agreement shall be clearly identified and readily accessible. (2) Reports and Information: Upon request, Consultant shall furnish to City any and all Records in the form requested by City. All Records provided electronically must be in a format compatible with City's computer systems and software. (3) Audits and Inspections: At any time during normal business hours and as often as City may deem necessary, Consultant shall make available to City or City's representative(s) for examination all Records. Consultant will permit City or City's representative(s) to audit, examine, and make excerpts or transcripts from such Records. Consultant shall provide proper facilities for City or City's representative(s) to access and inspect the Records, or, at the request of City, shall make the Records available for inspection at City's office. Further, Consultant shall permit City or City's representative(s) to observe and inspect any or all of Consultant's facilities and activities during normal hours of business for the purpose of evaluating Consultant's compliance with the terms of this Agreement. In such instances, City or City's representative(s) shall not interfere with or disrupt such activities. L. Ethics Code: Conflict of Interest. Consultant agrees that it shall not engage in any activity or conduct that would result in a violation of the City of Milton Code of Ethics or any other similar law or regulation. Consultant certifies that to the best of its knowledge no circumstances exist which will cause a conflict of interest in performing the Work. Should Consultant become aware of any circumstances that may cause a conflict of interest during the Term of this Agreement, Consultant shall immediately notify City. If City determines that a conflict of interest exists, City may require that Consultant take action to remedy the conflict of interest or terminate the Agreement without liability. City shall have the right to recover any fees paid for services rendered by Consultant when such services were performed while a conflict of interest existed if Consultant had knowledge of the conflict of interest and did not notify City within five (5) business days of becoming aware of the existence of the conflict of interest. Consultant and City acknowledge that it is prohibited for any person to offer, give, or agree to give any City employee or official, or for any City employee or official to solicit, demand, accept, or agree to accept from another person, a gratuity of more than nominal value or rebate or an offer of employment in connection with any decision, approval, disapproval, recommendation, or preparation of any part of a program requirement or a purchase request, influencing the content of any specification or procurement standard, rendering of advice, investigation, auditing, or in any other advisory capacity in any proceeding or application, request for ruling, determination, claim or controversy, or other particular matter, pertaining to any program requirement or a contract or subcontract, or to any solicitation or proposal therefor. Consultant and City further acknowledge that it is prohibited for any payment, gratuity, or offer of employment to be made by or on behalf of a sub -consultant under a contract to the prime Consultant or higher tier subconsultant, or any person associated therewith, as an inducement for the award of a subcontract or order. M. Confidentiality. Consultant acknowledges that it may receive confidential information of City and that it will protect the confidentiality of any such confidential information and will require any of its subcontractors, consultants, and/or staff to likewise protect such confidential information. Consultant agrees that confidential information it learns or receives or such reports, information, opinions or conclusions that Consultant creates under this Agreement shall not be made available to, or discussed with, any individual or organization, including the news media, without prior written approval of City. Consultant shall exercise reasonable precautions to prevent the unauthorized disclosure and use of City information whether specifically deemed confidential or not. Consultant acknowledges that City's disclosure of documentation is governed by Georgia's Open Records Act, and Consultant further acknowledges that if Consultant submits records containing trade secret information, and if Consultant wishes to keep such records confidential, Consultant must submit and attach to such records an affidavit affirmatively declaring that specific information in the records constitutes trade secrets pursuant to Article 27 of Chapter 1 of Title 10, and the Parties shall follow the requirements of O.C.G.A. § 50- 18-72(a)(34) related thereto. N. Key Personnel. All of the individuals identified in Exhibit "D", attached hereto, are necessary for the successful completion of the Work due to their unique expertise and depth and breadth of experience. There shall be no change in Consultant's Project Manager or members of the Project team, as listed in Exhibit "D", without written approval of City. Consultant recognizes that the composition of this team was instrumental in City's decision to award the Work to Consultant and that compelling reasons for substituting these individuals must be demonstrated for City's consent to be granted. Any substitutes shall be persons of comparable or superior expertise and experience. Failure to comply with the provisions of this paragraph shall constitute a material breach of Consultant's obligations under this Agreement and shall be grounds for termination. O. RESERVED. P. Authority to Contract. The individual executing this Agreement on behalf of Consultant covenants and declares that it has obtained all necessary approvals of Consultant's board of directors, stockholders, general partners, limited partners or similar authorities to simultaneously execute and bind Consultant to the terms of this Agreement, if applicable. Q. Ownership of Work All reports, designs, drawings, plans, specifications, schedules, work product and other materials, including, but not limited to, those in electronic form, prepared or in the process of being prepared for the Work to be performed by Consultant ("Materials") shall be the property of City, and City shall be entitled to full access and copies of all Materials in the form prescribed by City. Any Materials remaining in the hands of Consultant or subcontractor upon completion or termination of the Work shall be delivered immediately to City whether or not the Project or Work is commenced or completed; provided, however, that Consultant may retain a copy of any deliverables for its records. Consultant assumes all risk of loss, damage or destruction of or to Materials. if any Materials are lost, damaged or destroyed before final delivery to City, Consultant shall replace them at its own expense. Any and all copyrightable subject matter in all Materials is hereby assigned to City, and Consultant agrees to execute any additional documents that may be necessary to evidence such assignment. R. Nondiscrimination. In accordance with Title VI of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000d, section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6102, section 202 of the Americans with Disabilities Act of 1990, 42 U.S.C. § 12132, and all other provisions of Federal law, Consultant agrees that, during performance of this Agreement, Consultant, for itself, its assignees and successors in interest, will not discriminate against any employee or applicant for employment, any subcontractor, or any supplier because of race, color, creed, national origin, gender, age or disability. In addition, Consultant agrees to comply with all applicable implementing regulations and shall include the provisions of this paragraph in every subcontract for services contemplated under this Agreement. V. COVENANTS OF CITY A. Richt of Entry. City shall provide for right of entry for Consultant and all necessary equipment as required for Consultant to complete the Work, provided that Consultant shall not unreasonably encumber the Project site(s) with materials or equipment. B. City's Representative. Mr. Steven Krokoff, City Manager, 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. VL TERMINATION Both parties shall have the right at either party's convenience to terminate this Agreement following ten (10) days written notice to the affected party. Should either party terminate this agreement, the City shall only be obligated to pay Mercer for those services rendered as of the date of termination, and then only if Mercer provides the City with all work in progress as of the date of its termination. If a party terminates this Agreement for convenience, Mercer shall be entitled to total compensation as follows, and shall refund any prepayments in excess of entitled compensation. • Termination after preparation of draft position profile/recruitment brochure: $2,000 plus costs incurred. • Termination after completion of recruitment activity and resume review: $8,000 plus costs incurred • Termination after completion of candidate screening: $11,666.66 plus costs incurred • Termination after completion of background checks: $15,000 plus costs incurred • Termination after completion of interview process: $16,000 plus costs incurred. • Termination after completion of contract negotiations: $17,500 plus costs incurred. VII. MISCELLANEOUS A. Entire Agreement. This Agreement, including any exhibits hereto, constitutes the complete agreement between the Parties and supersedes any and all other agreements, either oral or in writing, between the Parties with respect to the subject matter of this Agreement. No other agreement, statement or promise relating to the subject matter of this Agreement not contained in this Agreement shall be valid or binding. This Agreement may be modified or amended only by a written Change Order (as provided in Section II above) or other document signed by representatives of both Parties with appropriate authorization. B. Successors and Assigns. Subject to the provision of this Agreement regarding assignment, this Agreement shall be binding on the heirs, executors, administrators, successors and assigns of the respective Parties. C. Governing_Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Georgia without regard to choice of law principles. If any action at law or in equity is brought to enforce or interpret the provisions of this Agreement, the rules, regulations, statutes and laws of the State of Georgia will control. Any action or suit related to this Agreement shall be brought in the Superior Court of Fulton County, Georgia, or the U.S. District Court for the Northern District of Georgia — Atlanta Division, and Consultant submits to the jurisdiction and venue of such court. D. Cantions and Severability. All headings herein are intended for convenience and ease of reference purposes only and in no way define, limit or describe the scope or intent thereof, or of this Agreement, or in any way affect this Agreement. Should any article(s) or section(s) of this Agreement, or any part thereof, later be deemed illegal, invalid or unenforceable by a court of competent jurisdiction, the offending portion of the Agreement should be severed, and the remainder of this Agreement shall remain in full force and effect to the extent possible as if this Agreement had been executed with the invalid portion hereof eliminated, it being the intention of the Parties that they would have executed the remaining portion of this Agreement without including any such part, parts, or portions that may for any reason be hereafter declared in valid. E. F. Notices. (1) Communications Relating to Day -to -Day Activities. All communications relating to the day-to-day activities of the Work shall be exchanged between City's Representative (named above) for City and Consultant's Representative (named above) for Consultant. (2) Official Notices. All other notices, requests, demands, writings, or correspondence, as required by this Agreement, shall be in writing and shall be deemed received, and shall be effective, when: (1) personally delivered, or (2) on the third day after the postmark date when mailed by certified mail, postage prepaid, return receipt requested, or (3) upon actual delivery when sent via national overnight commercial carrier to the Party at the address given below, or at a substitute address previously furnished to the other Party by written notice in accordance herewith. NOTICE TO CITY shall be sent to: Procurement Manager City of Milton, Georgia 2006 Heritage Walk Milton, Georgia 30004 NOTICE TO CONSULTANT shall be sent to: Mr. Alan Reddish, Senior Vice President The Mercer Group, Inc. 107 Indigo Lane Athens, GA 30606 G. Waiver of Agreement. No failure by City to enforce any right or power granted under this Agreement, or to insist upon strict compliance by Consultant with this Agreement, and no custom or practice of City at variance with the terms and conditions of this Agreement shall constitute a general waiver of any future breach or default or affect City's right to demand exact and strict compliance by Consultant with the terms and conditions of this Agreement. Further, no express waiver shall affect any Term or condition other than the one specified in such waiver, and that one only for the time and manner specifically stated. H. Survival. All sections of this Agreement which by their nature should survive termination will survive termination, including, without limitation, confidentiality obligations and insurance maintenance requirements. I. No Third Party Rights. This Agreement shall be exclusively for the benefit of the Parties and shall not provide any third parties with any remedy, claim, liability, reimbursement, cause of action or other right. J. Sovereign Immunity; Ratification. Nothing contained in this Agreement shall be construed to be a waiver of City's sovereign immunity or any individual's qualified, good faith or official immunities. Ratification of this Agreement by a majority of the Mayor and City Council shall authorize the Mayor to execute this Agreement on behalf of City. K No Personal Liability. Nothing herein shall be construed as creating any individual or personal liability on the part of any of City's elected or appointed officials, officers, boards, commissions, employees, representatives, consultants, servants, agents, attorneys or volunteers. No such individual shall be personally liable to Consultant or any successor in interest in the event of any default or breach by City or for any amount which may become due to Consultant or successor or on any obligation under the terms of this Agreement. Likewise, Consultant's performance of services under this Agreement shall not subject Consultant's individual employees, officers, or directors to any personal contractual liability, except where Consultant is a sole proprietor. The Parties agree that, except where Consultant is a sole proprietor, their sole and exclusive remedy, claim, demand or suit for contractual liability shall be directed and/or asserted only against Consultant or City, respectively, and not against any elected or appointed official, officers, boards, commissions, employees, representatives, consultants, servants, agents, attorneys and volunteers. L. Counterparts; Agreement Construction and Interpretation. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, but all of which taken together shall constitute one and the same instrument. Consultant represents that it has reviewed and become familiar with this Agreement and has notified City of any discrepancies, conflicts or errors herein. In the event of a conflict in the terms of this Agreement and/or the exhibits attached hereto, the terms most beneficial to City shall govern. The Parties hereto agree that, if an ambiguity or question of intent or interpretation arises, this Agreement is to be construed as if the Parties had drafted it jointly, as opposed to being construed against a Party because it was responsible for drafting one or more provisions of the Agreement. In the interest of brevity, the Agreement may omit modifying words such as "all" and "any" and articles such as "the" and "an," but the fact that a modifier or an article is absent from one statement and appears in another is not intended to affect the interpretation of either statement. Words or terms used as nouns in the Agreement shall be inclusive of their singular and plural forms, unless the context of their usage clearly requires contrary meaning. M. Force Maieure. Neither City nor Consultant shall be liable for its respective nonnegligent or non -willful failure to perform or shall be deemed in default with respect to the failure to perform (or cure a failure to perform) any of its respective duties or obligations under this Agreement or for any delay in such performance due to: (i) any cause beyond its respective reasonable control; (ii) any act of God, (iii) any change in applicable governmental rules or regulations rendering the performance of any portion of this Agreement legally impossible; (iv) earthquake, fire, explosion or flood; (v) strike or labor dispute, excluding strikes or labor disputes by employees and/or agents of CONSULTANT; (vi) delay or failure to act by any governmental or military authority; or (vii) any war, hostility, embargo, sabotage, civil disturbance, riot, insurrection or invasion. In such event, the time for performance shall be extended by an amount of time equal to the period of delay caused by such acts, and all other obligations shall remain intact. N. Material Condition. Each term of this Agreement is material, and Consultant's breach of any term of this Agreement shall be considered a material breach of the entire Agreement and shall be grounds for termination or exercise of any other remedies available to City at law or in equity. IN WITNESS WHEREOF City and Consultant have executed this Agreement, effective as of the Effective Date first above written. [SIGNATURES ON FOLLOWING PAGE] CONSULTANT: The Mercer Group, Inc. Signature: J, ct'�' P, Print Name: Alati —RQ -J1 S►1� Title: Senior Vice President Attest/Witness: �J�S�'.,,..�•��•., V.1�iJ'��' Signature: �•� ��P Z : 0 �j N . — =zo d� �s ;�= Print Name: U ): CITY OF MILTON, GEORGIA By: Steven Krokoff, City Manager Attest: Sudie Gordon, City Clerk Approved as to form: City Attorney RATIFIED BY COUNCIL: By: Joe Lockwood, Mayor [CITY SEAL] EXHIBIT "A" Scope of Services—City of Milton Director of Public Works Search Project Team The following Mercer team members will be responsible for assisting the City of Milton with its search for a new Director of Public Works. James L. Mercer, President/CEO Mr. Mercer, as Principal -in -Charge, will provide valuable oversight of the entire search process. He is a Certified Management Consultant (CMC) with more than 30 years of experience in consulting with the public and non-profit sectors. His consulting experience includes executive searches (over 2,000 projects), as well as strategic planning, management and organizational improvement studies, government consolidation and collaboration studies, and seminars and training. Prior to founding The Mercer Group, Inc. in 1990, Mr. Mercer held positions as President of Mercer, Slavin, & Nevins, Inc., Regional Vice President of Wolfe & Associates, Inc.; Partner and Vice President of Korn/Ferry International; General Manager of Battelle Southern Operations; National Program Director for Public Technology, Inc.; and Assistant City Manager of Raleigh, North Carolina. He has also been President of James Mercer & Associates, Inc.; Director of Government Consulting Services for Coopers & Lybrand in both the Southeast and the Southwest; and Director of the Industrial Extension Division for the Georgia Institute of Technology. Mr. Mercer holds a Master of Business Administration degree from the University of Nevada, Reno, and a Bachelor of Science degree in Industrial Management from the same institution. He also received a Certificate in Municipal Administration from the University of North Carolina at Chapel Hill and is a graduate of the Executive Development Program at Cornell University. He has authored or co-authored five books and has written more than 250 articles on various management topics. W. Alan Reddish, Senior Vice President Mr. Reddish specializes in Executive Search for the Mercer Group and will serve as the Project Manager. Mr. Reddish recently completed the following searches in Georgia: Police Chief of Savannah, Chamblee, Valdosta, and Forest Park; City Manager of Clarkston, Avondale Estates, Cartersville, Fairburn, Roswell, and the City of South Fulton; Human Resources Director of Savannah and Bryan County; Recreation Director of Roswell, Finance Director of Dublin, Community Development Director of Bryan County. Mr. Reddish has over 35 years of experience as a local government manager serving as Manager in three Georgia communities, most recently retiring as Manager of the Unified Government of Athens -Clarke County after 15 years of service. In that capacity Mr. Reddish was responsible for an operating budget exceeding $190 million, 1700 employees, and three capital programs totaling over $500 million. During his tenure as Manager, Mr. Reddish conducted many national searches to recruit and hire a professional team of department directors to ensure efficient delivery of services to the Athens -Clarke County community of 123,000, which is home to the University of Georgia. Positions filled included Police Chief, Finance Director, Assistant City/County Manager, Leisure Services Director, Fire Chief, Solid Waste Director, Information Technology Director, Economic Development Director, and Human Resources Director. His professional career also includes three years of service as the Associate Director of the Carl Vinson Institute of Government at the University of Georgia. In that role he was responsible for leading faculty members and support staff that delivered 500 training and professional development programs annually to local and state government officials throughout Georgia. Mr. Reddish holds a Bachelor's degree in Political Science from the University of Georgia and a Master's degree in Public Administration from Troy State University. He received the first Pillar of the Profession Award from the Georgia City/County Management Association which annually recognizes a person that has demonstrated a sustained commitment to personal and professional development along with mentoring, coaching, and counseling peers and other local government officials. Lisa A. Ward, Vice President Lisa Ward will serve as Senior Consultant and assist Mr. Reddish with recruitment, resume analysis, reference checks, and candidate interviews. She has over 30 years of combined government and human resources experience. Prior to becoming a member ofthe Mercer team, Ms. Ward was responsible for developing, implementing, administering programs and policies for the nation's second largest Electric Membership Corporation (Jackson EMC). As Director of Employee Development, she handled all employee benefits administration, recruiting and retention strategies, as well as employee performance management, training and development_ Ms. Ward also served as Director of Human Resources for Athens -Clarke County, Georgia where she was responsible for all human resource functions including self-funded health and dental insurance programs, short-term disability, general liability and worker's compensation programs, wellness program, and a department budget over $18 million annually. In 2008, Ms. Ward retired as an officer from United States Air Force with 23 years of active and reserve military service. Having served in three branches, Navy, Army and Air Force, she understands the importance of diversity, confidentiality and leadership development. Ms. Ward has a Master's Degree in Public Administration (MPA) from the University of North Florida in Jacksonville, Florida and a Bachelor's Degree in Psychology from the University of Nebraska. In July 2016, Lisa attended the Senior Executive Institute (SEI) at the University of Virginia focusing on high performing organizations. She is a human resources professional holding PHR and SHRM-CP certifications. Ms. Ward has served as the President of the Athens- Area Society for Human Resources Management (AASHRM). Work Plan Mercer's work plan will be interactive with the City of Milton throughout the entire search process. We will conduct the Public Works Director search by implementing the steps described below: Position Analysis: Mercer will conduct individual interviews with the City Manager and other staff/stakeholders identified by the City Manager to determine the City's goals, future plans, and local issues/challenges related to public works. Information gathered from all these sources will be used to assist Mercer in understanding the City's expectations of the Public Works Director related to leadership style, interpersonal skills, minimum training and work experience. Using information from the interviews and review of the job description adopted by the City, Mercer will prepare a draft position profile in the form of a recruitment brochure designed to attract highly qualified applicants. The profile will include information about the City, the community, major issues to be addressed, position specifications, required candidate qualifications and the application process. The final profile will be approved by the City Manager in order to arrive at a general agreement regarding the specifications for the position. The completed brochure will be used primarily in an electronic format attached to all announcements concerning the Director of Public Works search. Recruitment Process: Mercer will conduct a recruitment process designed to attract quality candidates on a national, regional and statewide bases. First, Mercer will work with the City to determine advertising options most likely to produce quality applicants for the position. These ads will be primarily electronic postings on state and national websites related to professional journals, job boards, newsletters, and other websites typically viewed by public works professionals seeking career opportunities. Second, Mercer will rely heavily on our contacts with persons currently working in public works to help identify potential candidates who may meet the City's requirements. We will give special attention to persons we have developed relationships with during recent public works director searches. Third, Mercer will make direct contact with public works professionals currently in the Mercer Group data base. This data base includes potential candidates, primarily in the southeast, who are currently serving in public works leadership roles as well as local government managers who have direct knowledge of public works professionals who may be excellent candidates for Milton. The formal recruitment process will be not less than 30 days to ensure a sufficient number of qualified candidates are aware of the opportunity and have adequate time to apply. Resume Review: All resumes/applications will be received directly by Mercer. We will review and analyze each applicant's background and experience against the approved position profile criteria. Applicants not meeting the minimum requirements will be placed in "hold" status and will not continue to be actively considered. We will acknowledge all resumes received and keep candidates informed of their status as the process evolves. Candidate Screening: An initial screening of the most promising candidates will be conducted by Mercer through telephone interviews and preliminary reference checks to assess educational background, technical knowledge, experience level, management style, and personality traits. Once the initial screening is complete, we will select 6-8 candidates that appear to be the most qualified and most closely match the position profile criteria. A summary of those candidates' resumes and background information, gathered by Mercer to date, will be shared with the City Manager to determine if the candidates meet his expectations and therefore should be evaluated further by Mercer. The City Manager will be asked to select 4- 6 semi-finalists for extensive background checks and interviews by the City assuming they successfully complete the Mercer background checks. Background Checks: Mercer will conduct a more intensive background check of the semi- finalists identified as qualified by the City Manager to verify the accuracy of information related to academic credentials, past employment, financial stability, and criminal history. Additional references will be contacted to better assess each candidate's work experiences and a social media/internet review will be conducted to ensure no candidate background "surprises" surface at a later date. The results of the background checks, reference checks, and social media search along with all resume and other application materials gather by Mercer will be shared with the City in report format prior to interviews so the City can prepare for interviewing the recommended candidates. Interview Process: Working with the City, Mercer will arrange interview times with the final 4- 6 recommended candidates who successfully complete the background checks noted above. We will provide recommended questions to be used during the interview process to produce consistency of information received from each candidate and to ensure appropriateness of questions asked. Mercer will participate in the interview process at any level desired by the City. We have experience in using interview panels for assessing candidate qualifications and will assist the City in structuring and implementing this type interview process if desired by the City. At the conclusion of interviews, we will provide our observations and insights about each candidate. if requested by the City, psychological testing and position assessment center reviews can be arranged by Mercer at an additional cost. Mercer will notify all unsuccessful candidates who were interviewed by the City or will provide a draft letter the City may wish to use to officially notify candidates not selected. Neeotiations and Follow Up: Mercer will assist, if requested by the City, in the negotiations of an employment agreement to include salary, benefits, and other conditions of employment with the candidate chosen by the City. Final approval of all aspects of the terms of employment rests with the City. An employment agreement draft will be provided to the City Attorney for review if requested. In the event an employment agreement cannot be negotiated with the selected candidate, we will work with the City to select an alternate candidate. Once the new Director of Public Works has been in the position for approximately 30 days, we will be available if requested to meet with the City Manager and the Public Works Director to establish mutual performance expectations for the position. We will follow up periodically with the City Manager and the new Public Works Director during the first year to offer assistance if those expectations need to be clarified or modified. Search Process Commitments We will properly handle all media inquiries. Unless otherwise directed, it is our standard practice to advise all media that we are working on behalf of the City and that any public statements should come directly from the City. We will maintain confidentiality of candidate information, and recommend that the City do the same, to the degree possible under Georgia law. Mercer will suggest actions and timelines for actions by the City that we believe will ensure that the City always remains in compliance with the Georgia Open Meetings/Records Act, however, all final decisions of compliance rest with the City as advised by the City Attorney. Mercer will provide the City with periodic status reports concerning progress of the search. We will send to the City regular e-mail updates that will include the status of the recruitment efforts, steps being taken to meet the stated timeline, and an itemization of expenses incurred to date. We will coordinate all our needed support from the City through the Human Resources Director, unless otherwise directed, for such items as arranging interviews, providing public documents such as budgets, gathering information for the recruitment brochure and processing Mercer Group invoices for payment of services. Mercer Guarantees The Mercer Group will not recruit candidates for other Mercer Group searches from the City's workforce for a period of two years after completion of the current search without the full agreement of the City. We will never recruit a candidate whom we placed in Milton as long as he/she is employed by the City without the full agreement of the City. If the candidate we place with the City leaves for any reason (including termination) during the 18 -month period following the date of placement, we will conduct another candidate search and charge the City for only the out-of-pocket expenses required to make the new placement. Search Project Timeline Mercer will focus its resources and efforts with a goal of having a new Public Works Director selected within 85 days after receiving notice to proceed. Below is a breakdown of the Work Plan items noted above and associated projected days needed to complete the critical elements of the search. Upon receipt of Notice to Proceed from the City, Mercer will develop a project calendar of events that will identify specific dates to complete the search within the 85 -day schedule. The work calendar will remain flexible throughout the search process to meet the needs of the City and if possible, to reduce the number of days needed to complete the process. Upon approval of this proposal Mercer is prepared to negotiate a specific start date that will allow the search to begin as soon as possible. 1. interview Manager/stakeholders & Position Analysis: 7 days 2. Recruitment Process: 40 days 3. Resume Review & Candidate Screening: 12 days 4. 4. Candidate Background Checks: 21 days 5. Interview Process: 2 days 6. Negotiate Conditional Employment Agreement: 3 days Total 85 days STATE OF COUNTY OF EXHIBIT "B" CONTRACTOR AFFIDAVIT By executing this affidavit, the undersigned contractor verifies its compliance with O.C.G.A. § 13-10-91, stating affirmatively that the individual, firm, or corporation which is engaged in the physical performance of services on behalf of the City of Milton. Georgia has registered with, is authorized to use and uses the federal work authorization program commonly known as E -Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91. Furthermore, the undersigned contractor will continue to use the federal work authorization program throughout the contract period and the undersigned contractor will contract for the physical performance of services in satisfaction of such contract only with subcontractors who present an affidavit to the contractor with the information required by O.C.G.A. § 13-10-91(b). Contractor hereby attests that its federal work authorization user identification number and date of authorization are as follows: Federal Work Authorization User Identification Number Date of Authorization The Mercer Group, Inc. Name of Contractor Executive Search — Director of Public Works Name of Project City of Milton, Georgia Name of Public Employer 1 hereby declare under penalty of perjury that the foregoing is true and correct. Executed on 20 in (city), (state). Signature of Authorized Officer or Agent Printed Name and Title of Authorized Officer or Agent AND SWORN BEFORE ME ON THIS THE DAY OF 20 NOTARY PUBLIC [NOTARY SEAL] My Commission Expires: STATE OF _ COUNTY OF EXHIBIT "C" SUBCONTRACTOR AFFIDAVIT By executing this affidavit, the undersigned subcontractor verifies its compliance with O.C.GA. § 13- 1091, stating affirmatively that the individual, firm or corporation which is engaged in the physical performance of services under a contract with The Mercer Group, 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: Federal Work Authorization User Identification Number Date of Authorization The Mercer Group, Inc. Name of Contractor Executive Search — Director of Public Works Name of Project City of Milton, Georgia Name of Public Employer 1 hereby declare under penalty of perjury that the foregoing is true and correct. Executed on 20 in _ (state). Signature of Authorized Officer or Agent Printed Name and Title of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE DAY OF 20 NOTARY PUBLIC (NOTARY SEAL] My Commission Expires: EXHIBIT "D" The following individuals are designated as Key Personnel under this Agreement and, as such, are necessary for the successful prosecution of the Work: Individual Position Alan Reddish SVP and Project Manager Lisa Ward VP MILTON111 ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: April 2, 2019 FROM: Steven Krokoff, City Manager 5-w AGENDA ITEM: Approval of Easement Agreements for Drainage Areas with West Birmingham Road Culvert Replacement Project. MEETING DATE: Monday, April 8, 2019 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (APPROVED () NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: W `S CITY ATTORNEY REVIEW REQUIRED: (� APPROVAL BY CITY ATTORNEY: (,PPROVED PLACED ON AGENDA FOR: bq1o$II1 2006 Heritage Walk Milton, GA P: 678.242.25001 F: 678.242.2499 0000 () NO () NO () NOT APPROVED info@cityofmiltonga.us I www.cityofmiltonga.us To: Honorable Mayor and City Council Members From: Sara Leaders, PE, Transportation Engineer Date: Submitted on April 1, 2019 for the April 8, 2019 Regular City Council Meeting Agenda Item: Approval of Easement Agreements for Drainage Areas with West Birmingham Road Culvert Replacement Project _____________________________________________________________________________________ Department Recommendation: Approval Executive Summary: The West Birmingham Road culvert between Freemanville Road and Milton Point is part of the Capital Improvement Program for replacement. Plans have been developed and easements that are needed to construct and maintain the improvements are being acquired. The easement agreements for drainage areas include a signature by the City of Milton accepting the conditions of Grantee of the easements. Funding and Fiscal Impact: None Alternatives: None Legal Review: Sarah VanVolkenburgh – Jarrard & Davis (3/18/19) Concurrent Review: Steve Krokoff, City Manager Attachment(s): Easement Agreement for Drainage Areas Parcel 4 After recording, return to: Sarah VanVolkenburgh Jarrard & Davis, LLP W541-ffgrirn 'tfiage-Br 2 -ZZ We b b s +-re e-4- Cumming, - - Cumming, Georgia 30040 EASEMENT AGREEMENT FOR DRAINAGE AREAS THIS EASEMENT AGREEMENT FOR DRAINAGE AREAS (hereinafter referred to as this "Agreement') is made this day of 2019, by and between Gholam H. Asady (hereinafter referred to as the "Grantor"), and The City of Milton, Georgia (hereinafter referred to as the "Grantee"). WITNESSETH: WHEREAS, Grantor is the owner of certain real property lying and being in Land Lot 409 of the 2nd District, 2nd Section of Fulton County, Georgia, said real property being located at Birmingham Road, City of Milton, Fulton County, Georgia (hereinafter referred to as the "Grantor's Property"); and WHEREAS, Grantor has agreed, upon the terms and conditions hereinafter set forth, to grant an easement to Grantee over and upon certain portions of Grantor's Property as more particularly shown/described on Exhibit "A" attached hereto and incorporated herein by reference (hereinafter referred to as the "Easement Property"); and WHEREAS, Grantor acknowledges receipt of sufficient consideration, including but not limited to the benefit to Grantor's Property from the existence and maintenance of the Drainage Facilities, as defined below, for the use of the Drainage Easement described herein; and WHEREAS, the easement is hereby intended to provide Grantee, its successors and assigns, access to and use of certain storm water drainage facilities now or hereafter located on and about the Grantor's Property. FOR AND IN CONSIDERATION OF the above premises and the sum of TEN AND N0/100 DOLLARS ($10.00) in hand paid by Grantee to Grantor and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged. Grantor and Grantee do hereby agree as follows: 1. Grant of Access Easement. Subject to the terms and conditions provided herein, Grantor does hereby grant to Grantee a perpetual easement of access, ingress, egress, passage and use, for both vehicular and pedestrian traffic, on, over, across, and upon the property more particularly shown on Exhibit "A" attached hereto and by this reference made a part hereof. Said easement is granted for the purpose of allowing Grantee to operate and maintain the Drainage Facilities and related infrastructure, and the parties intend for this Agreement to be construed to grant to Grantee all power and authority necessary and appropriate for Grantee to operate and maintain the Drainage Facilities. 2. Grant of Drainage Easement. Subject to the terms and conditions provided herein, Grantor does hereby grant to Grantee a perpetual, exclusive easement to discharge storm water flows into and onto any and all drainage lines and related facilities and equipment, now or hereafter located on; under, across and through the Grantor's Property (hereinafter referred to collectively as the "Drainage Facilities," more specifically described in Exhibit "A"). Grantee, at its sole expense, shall maintain the Drainage Facilities in compliance with all applicable City; County, State and Federal laws and regulations. Grantor and Grantee agree that, in the event of an emergency Grantee, through its employees, agents and/or contractors, shall have the right, but not the obligation, to enter upon the Drainage Facilities for the purpose of conducting such inspection and/or maintenance thereon as may be reasonable and necessary. 3. Conditions and Obligations with Respect to the Easements. The easement granted herein and use thereof are subject to the following terms and conditions: (a) In performing any repair and/or maintenance activities permitted hereunder, Grantee shall minimize any damage to the Easement Property, and, after completing such work, shall remove all debris resulting from such work from the Easement Property and shall immediately restore the Easement Property to its condition prior to the commencement of the work, including without limitation, the reseeding with grass and fertilizing of any disturbed portions of the Easement Property and the repairing of any drives; streets, roadways and/or sidewalks damaged by such repair and/or maintenance activities. (b) All repair and maintenance activities conducted on the Easement Property or in connection with the Drainage Facilities shall be done in a good and workmanlike manner. Grantee shall obtain all necessary permits, if any, required for said work, and any such work shall be at Grantee's sole cost and expense, and shall comply with all applicable statutes, codes, laws, acts, ordinances; orders, judgments, decrees, injunctions, rules, regulations, permits, licenses, authorizations, directions and requirements of all federal, state, county, municipal and other governments, departments, commissions, boards, courts, authorities, officials and officers. (c) Grantor reserves the right to use the Easement Property for any and all other purposes not inconsistent with and in a manner which shall not interfere with or obstruct the use, maintenance and repair of the Drainage Facilities. 4. Successors and Assigns. The easement contained herein shall run with and be appurtenant to the Grantee's easement interest over the Grantor's Property and shall run with title to and burden the Easement Property and the Drainage Facilities forever and shall be binding upon and inure to the benefit of and be enforceable by the heirs, legal representatives, N successors, assigns and successors -in -title of Grantor and Grantee. All obligations of Grantor and Grantee hereunder shall be binding upon their respective successors -in -title and assigns; provided the covenants and obligations herein are only personal to and enforceable against Grantor and Grantee or their successors -in -title, as the case may be, owning title to the respective properties at the time any liability or claim arising under this Agreement shall have accrued; it being intended that upon the conveyance of title by a party, the party conveying title shall thereupon be released of any liability hereunder as to the property conveyed for any breach of this Agreement or claim arising under this Agreement accruing after the date of such conveyance. 5. Taxes. Grantor and Grantee acknowledge and agree that Grantor shall pay all real estate taxes and assessments, if any, levied against the Easement Property. 6. Breach and Remedies. This Agreement shall create a privity of contract and/or estate with and between Grantor and Grantee. In the event of a breach or default, or attempted or threatened breach or default by any party hereto of any of the terms, covenants and conditions hereof, which shall not have been cured within ninety (90) days following receipt by the other party of written notice from the complaining party, the complaining party shall be entitled to: (a) full and adequate relief by injunction and/or all such other available legal and equitable remedies from the consequence of such breach or default, and (b) the right to cure any breach or default hereunder. All costs and expenses of any such suit or proceeding and all costs of curing such breach or default shall be assessed against the offending, breaching party. 7. Notice. All notices shall be in writing and shall be deemed to have been properly given on the earlier of. (i) when delivered in person, (ii) when deposited in the United States Mail, with adequate postage, and sent by registered or certified mail with return receipt requested, to the appropriate party at the address set out below, or (iii) when deposited with Federal Express, Express Mail or other overnight delivery service for next day delivery, addressed to the appropriate party at the address set out below. 3 Grantor: Gholam H. Asady 1239 Sagewood Drive Marietta, Georgia 30068 Grantee: City of Milton, Georgia � Z ov 6 7- Milton, Georgia 30004 With a copy to: Jarrard & Davis, LLP 2 22 We -,b6 S -Fr, e +- Cumming, GA 30040 Fax No.: (678) 455-7149 Rejection or other refusal by the addressee to accept, or the inability of the courier service or the United States Postal Service to deliver because of a changed address of which no notice was given, shall be deemed to be receipt of the notice sent. Any party shall have the right, from time to time, to change the address to which notices to it shall be sent by giving to the other party or parties at least ten (10) days prior written notice of the changed address. 8. Entire Agreement. This Agreement constitutes the entire agreement between the parties and understanding between Grantor and Grantee relating to the subject matter hereof and may not be amended, waived or discharged except by an instrument in writing executed by the party against which enforcement of such amendment, waiver or discharge is sought. 9. Severability. The validity of any one of the covenants, agreements, conditions or provisions of this Agreement or any portion thereof shall not affect the remaining portions thereof or any part thereof, and this Agreement shall be construed as if such covenant, agreement, condition or provision had not been inserted herein. 10. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Georgia. IN WITNESS WHEREOF, Grantor and Grantee have executed this Agreement as of the day and year first above written. [SIGNATURES ON THE FOLLOWING PAGES] Signed, sealed and delivered in the presence of- My f My commission expires: _ ^Rr7 .r- �0i PUBl1G [AFFIX NOTARIALSEA GRANTOR: Gholam sa y Signed, sealed and delivered in the presence of: Witness Notary Public GRANTEE: City of Milton, Georgia My commission expires: Attest: [AFFIX NOTARIAL SEAL OR STAMP] Joe Lockwood, Mayor City Clerk EXHIBIT "h" Permanent Easement #4 All that tract or parcel of land lying and being in Land Loi 409 of the 2nd District, 2nd Section of Fulton County, Georgia and being more particularly described as follows: To find The True Point of Beginning, commence at a 112" rebar found along the southerly right of way (60'R/VV) of Birmingham Road where it intersects the common* line between Land Lot 409 & Land Lot 410, said 1/2" rebar having Georgia State Plane Coordinates of N:1514701.16 and E:2251460.16; thence, proceed along the said right of way of Birmingham Road South 77 degrees 42 minutes 16 seconds East for a distance of 210.14 feet to a point and The True Point of Beginning, From The True Point of Beginning, as thus established, proceed along said right of way South 77 degrees 42 minutes 16 seconds East for a distance of 72.27 feet to a point; thence South 12 degrees 17 minutes 44 seconds West for a distance of 32.02 feet to a point; thence North 77 degrees 42 minutes 16 seconds West for a distance of 72.27 feet to a point; thence North 12 degrees 17 minutes 44 seconds East for a distance of 32.02 feet to a point along the said right of way of Birmingham Road and The True Point of Beginning. Containing within said bounds 0.053 acres (2,314 square feet) according to a survey for the City of Milton by Moreland Altobelli and Associates, dated 06-12-2015. Said survey is incorporated herein by specific reference for a more complete and accurate description. Y12f7N 6'Y.1 'qa L S 64 to 33 m�yy`�n^ m a ---------------------- a JN' iWAJA� ACCESS GSFL(M q� _------gID- -------- 3CSo3TY z X335 G M94 8 na? =m�E �;tC 3 3 ' 2n 5fli $oro ug " s C al \ s" v �3eal _ ._—..—.......—..—. .r.. ,-.._ O Z H Z W= U4 J ao LLIK W 0 C2 m Z O 0 U 221- L S 64 aW i jos O Z H Z W= U4 J ao LLIK W 0 C2 m Z O 0 U MILTON* ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: April 2, 2019 FROM: Steven Krokoff, City Manager �w AGENDA ITEM: Proclamation Honoring Jon McPhail for His Work and Service as an Environmental Champion in the City of Milton. MEETING DATE: Monday, April 8, 2019 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: ( PPROVED () NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: ( ) YES CITY ATTORNEY REVIEW REQUIRED: () YES APPROVAL BY CITY ATTORNEY: () APPROVED PLACED ON AGENDA FOR: Q � $ 1J k -Kb (-�' O () NOT APPROVED 2006 Heritage Walk Milton, GA P: 678.242.25001 F: 678.242.2499 info@cityofmiltonga.us I www.cityofmiltongo.us 0000 Proclamation Recognizing Jon McPhail’s service to the City of Milton WHEREAS, Jon McPhail was a passionate defender and steward of the environment throughout his life; and WHEREAS, he devoted countless hours working tirelessly to protect Milton’s green spaces and natural resources; and WHEREAS, he was a leading voice for conservation in the City of Milton’s earliest days and beyond; and WHEREAS, he was a natural leader and gifted organizer, and brought these skills to bear in helping create the committee that would be established by the City Council as Milton Grows Green; and WHEREAS, he served as its first Chairperson, and held that role for many years; and WHEREAS, in that role, he championed such topics as green building, recycling, and water conservation, and WHEREAS, he created a new generation of environmental champions by educating and mentoring others; NOW, THEREFORE, with deep appreciation, we, the Mayor and City Council of the City of Milton hereby recognize Jon McPhail’s years of selfless and dedicated service to the City of Milton. Given under my hand and Seal of the City of Milton, Georgia on this 8th day of April, 2019. ____________________________________ Joe Lockwood, Mayor MILTON%r ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: April 2, 2019 FROM: Steven Krokoff, City Manager 5-yn I AGENDA ITEM: 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 250 brick, tile, and remaining materials listed (Sec 64-1095 (p)). MEETING DATE: Monday, April 8, 2019 Regular City Council Meeting APPROVAL BY CITY MANAGER: () NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: (SES () NO CITY ATTORNEY REVIEW REQUIRED: (�4ES () NO APPROVAL BY CITY ATTORNEY: (AVAPPROVED (J NOT APPROVED PLACED ON AGENDA FOR: (( g I ) 9 I 2006 Heritage Walk Milton, GA P: 678.242.25001 F: 678.242.2499 info@cityofmiltonga.us I www.cityofmiltonga.us Prepared by the Community Development Department for the City of Milton Mayor and Council Meeting on April 22, 2019 (First Presentation on April 8, 2019) 4/2/2019 Page 1 of 38 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 Council Meeting on April 22, 2019 (First Presentation on April 8, 2019) 4/2/2019 Page 2 of 38 R/A RZ08-08/U08-04 PLANNING COMMISSION RECOMMENDATION – MARCH 27, 2018 RZ18-14 – APPROVAL CONDITIONAL – 4-2 VC18-09 – PART 1 – APPROVAL CONDITIONAL – 4-2 VC18-09- PART 2 AND 3 – APPROVAL CONDITIONAL – 4-2 COMMUNITY DEVELOPMENT RECOMMENDATION – MARCH 27, 2019 RZ18-14 – APPROVAL CONDITIONAL VC18-09 – PART 1 – APPROVAL CONDITIONAL VC18-09- PART 2 AND 3 – DENIAL Prepared by the Community Development Department for the City of Milton Mayor and Council Meeting on April 22, 2019 (First Presentation on April 8, 2019) 4/2/2019 Page 3 of 38 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 regarding 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. COMMUNITY DEVELOPMENT RECOMMENDATION – JANUARY 23, 2019 RZ18-14 – DEFERRAL TO FEBRUARY 27, 2019 PLANNING COMMISSION VC18-09 – PARTS 1, 2 & 3 – DEFERRAL TO FEBRUARY 27, 2019 PLANNING COMMISSION This recommendation is based on the fact that additional project information was discovered after the December 19, 2018 Planning Commission and the Staff presentation to the Planning Commission was not totally accurate. MAYOR AND CITY COUNCIL RECOMMENDATION – JANUARY 23, 2019 RZ18-14 – DEFERRAL TO FEBRUARY 27, 2019 PLANNING COMMISSION VC18-09 – PARTS 1, 2 & 3 – DEFERRAL TO FEBRUARY 27, 2019 PLANNING COMMISSION This recommendation is based on the fact that additional project information was discovered after the December 19, 2018 Planning Commission and the Staff presentation to the Planning Commission was not totally accurate and Council wanted the Planning Commission to review the new information. Prepared by the Community Development Department for the City of Milton Mayor and Council Meeting on April 22, 2019 (First Presentation on April 8, 2019) 4/2/2019 Page 4 of 38 R/A RZ08-08/U08-04 COMMUNITY DEVELOPMENT RECOMMENDATION – FEBRUARY 27, 2019 RZ18-14 – APPROVAL CONDITIONAL VC18-09 – PART 1 – APPROVAL CONDITIONAL VC18-09- PART 2 AND 3 – DENIAL PLANNING COMMISSION RECOMMENDATION – FEBRUARY 27, 2019 RZ18-14 – DEFERRAL TO MARCH 27, 2019 VC18-09 – PART 1 – DEFERRAL TO MARCH 27, 2019 VC18-09- DEFERRAL TO MARCH 27, 2019 To allow the applicant to address the following issues: 1) guest parking, 2) fencing, 3) width of internal road, 4) officially submit architectural materials, and 5) provide additional buffering to Spring Valley townhomes. Prepared by the Community Development Department for the City of Milton Mayor and Council Meeting on April 22, 2019 (First Presentation on April 8, 2019) 4/2/2019 Page 5 of 38 R/A RZ08-08/U08-04 LOCATION MAP Prepared by the Community Development Department for the City of Milton Mayor and Council Meeting on April 22, 2019 (First Presentation on April 8, 2019) 4/2/2019 Page 6 of 38 R/A RZ08-08/U08-04 CURRENT ZONING MAP Prepared by the Community Development Department for the City of Milton Mayor and Council Meeting on April 22, 2019 (First Presentation on April 8, 2019) 4/2/2019 Page 7 of 38 R/A RZ08-08/U08-04 FUTURE LAND USE PLAN MAP Prepared by the Community Development Department for the City of Milton Mayor and Council Meeting on April 22, 2019 (First Presentation on April 8, 2019) 4/2/2019 Page 8 of 38 R/A RZ08-08/U08-04 REVISED SITE PLAN RECEIVED ON MARCH 19, 2019 (All landscape buffers increased to 35 feet, 24-foot-wide internal roads, 26 visitor parking spaces) Prepared by the Community Development Department for the City of Milton Mayor and Council Meeting on April 22, 2019 (First Presentation on April 8, 2019) 4/2/2019 Page 9 of 38 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 Council Meeting on April 22, 2019 (First Presentation on April 8, 2019) 4/2/2019 Page 10 of 38 R/A RZ08-08/U08-04 REVISED SITE PLAN SUBMITTED ON JANUARY 16, 2019 Prepared by the Community Development Department for the City of Milton Mayor and Council Meeting on April 22, 2019 (First Presentation on April 8, 2019) 4/2/2019 Page 11 of 38 R/A RZ08-08/U08-04 LANDSCAPE BUFFER PLAN SUBMITTED ON JANUARY 16, 2019 Prepared by the Community Development Department for the City of Milton Mayor and Council Meeting on April 22, 2019 (First Presentation on April 8, 2019) 4/2/2019 Page 12 of 38 R/A RZ08-08/U08-04 Prepared by the Community Development Department for the City of Milton Mayor and Council Meeting on April 22, 2019 (First Presentation on April 8, 2019) 4/2/2019 Page 13 of 38 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 March 19, 2019 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 Council Meeting on April 22, 2019 (First Presentation on April 8, 2019) 4/2/2019 Page 14 of 38 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 55,924 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. Meets this requirement. Meets this requirement. Meets this requirement. Meets these requirements. Prepared by the Community Development Department for the City of Milton Mayor and Council Meeting on April 22, 2019 (First Presentation on April 8, 2019) 4/2/2019 Page 15 of 38 R/A RZ08-08/U08-04 (5) Each unit shall provide two off-street parking spaces within the principle structure. Provides 2 car garages. 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 except for lots 23, 24, and 25 to allow for visitor parking and the site is designed with no dead ends. The site provides for a large green/open space 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 ). Staff notes that based on the Planning Commission’s recommendation, the applicant has included 26 visitor parking spaces for the development. The additional public parking spaces are provided by reducing the required green space, but still meets the minimum as required by the TR (Townhouse) zoning district. 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)) Prepared by the Community Development Department for the City of Milton Mayor and Council Meeting on April 22, 2019 (First Presentation on April 8, 2019) 4/2/2019 Page 16 of 38 R/A RZ08-08/U08-04 The requirement for the 75-foot undisturbed buffer and 10-foot improvement setback was adopted by the City Council on April 28, 2008. The applicant submitted his rezoning request on July 1, 2008. At the time of application and approval of RZ08-08 for the 2 story, 98-unit senior housing development, a concurrent variance for the above requirement was required but not requested because Staff had not identified the change to the 75-foot undisturbed buffer and 10-foot improvement setback. The applicant is requesting the above described concurrent variance. The homes impacted the most by the requested reduction of buffer are the 12 single family homes within the Hidden Forest subdivision. The applicant has secured a signed letter of support for the revised site plan submitted on March 19, 2019 from five of the home owners of which three are directly impacted along the west property line which is included under the Public Participation portion of this report. Staff notes that to access these single-family homes, property owners must drive through the townhome portion of Hidden Forest which contain 106 townhomes. The side setback for the detached single-family homes within Hidden Forest is 7 feet with a required 14-foot separation between homes. The actual separation between homes range from 14 feet to 16 feet. Based on the revised site plan received on March 19, 2019 the applicant provided a 4-board equestrian style fence abutting the property lines to Hidden Forest and a portion of Spring Valley Townhomes. The revised site plan also includes a 35-foot landscape buffer or an undisturbed buffer adjacent to Spring Valley Townhomes. Previously, the applicant had submitted a detailed landscape plan including a graphic showing cross sections in three locations to help ameliorate the impact of the proposed development to the single family lots in Hidden Forest. A portion of this landscape plan abutted Spring Valley Townhomes, but since the submission of the plan, the residents of Spring Valley Townhomes has requested that a portion of the adjoining property line provide an undisturbed buffer with a depth of 35 feet. A detailed plan has been provided based on discussions with the Spring Valley Townhomes and is included under the Public Participation portion of this report. The Hidden Forest Subdivision when approved by Fulton County in 2002 required a 25-foot undisturbed buffer and 10-foot improvement setback behind 130, 140, and 145 Peacock Way. Staff also notes that along the property line adjoining Hidden Forest and Spring Valley, there are various green/open spaces that are designed in such a way as to provide additional screening/space between the proposed townhomes and the existing homes within Hidden Forest and Spring Valley. 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 s pirit 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 Prepared by the Community Development Department for the City of Milton Mayor and Council Meeting on April 22, 2019 (First Presentation on April 8, 2019) 4/2/2019 Page 17 of 38 R/A RZ08-08/U08-04 flood plain on the site. The applicant’s site plan from the 2008 rezoning showed a 2-story building on the southern portion of the site adjacent to the now developed Milton Montessori which was outside the flood plain but since 2008, updated flood maps indicate that a portion of this previously “buildable” area is now in the flood plain. Based on this information, the amount of land that can be developed on has been reduced. The applicant has eliminated the proposed trails within the wetlands on the southern portion of the site that encroach into the required 75-foot undisturbed buffer and 10-foot improvement setback as recommended by Staff. This will help preserve the buffer in this area adjacent to the single-family homes on the southern portion of the Hidden Forest cul -de-sac. 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 reduction of 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 and a portion of Spring Valley, an increased landscape buffer adjacent to Hidden Forest and a combination of a 35 foot landscape buffer and 35 foot undisturbed buffer adjacent to Spring Valley and 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 to design the townhomes with a less heavy look of the predominately brick and stone that is required by the SR 9 Overlay District. The applicant’s architect has worked closely with the City Architect to achieve the most appealing and updated design for the area. The Design Review Board expressed support of the overall site plan design and the architectural design. In addition, they agreed that there is a need to amend the architectural materials to be in line with the Deerfield Form Based Code. 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 Prepared by the Community Development Department for the City of Milton Mayor and Council Meeting on April 22, 2019 (First Presentation on April 8, 2019) 4/2/2019 Page 18 of 38 R/A RZ08-08/U08-04 accent materials. The applicant’s architect has submitted the sam ple materials in the form of pictures. These samples were brought to the Planning Commission meeting on February 27, 2019. Also included is a site plan indicating which set of materials will be used for each building and a corresponding spreadsheet that outlines specific materials for each unit. The City Architect has reviewed this information and believes the proposed design and corresponding materials are consistent with the type of design that is used within the nearby Deerfield Form Base Code and would be an assest to the development and nearby properties. This information is at the end of this Staff report. Below are street view sketches of the site that show the building form, massing and architectural style of the buildings. Although, the applicant has provided aesthetically pleasing design that is consistent with the nearby Deerfield Form Based Code, support of the Design Review Board, the Planning Commission and 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 justice 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 the following conditions which were recommended approval by the Planning Commission in a 4-2 vote at its March 27, 2019 meeting: 3. To the owner’s agreement to the following site development considerations: g. To delete requirement for 75% per vertical wall plane of brick or natural stone and replace with the materials listed in the “chart of exterior materials” submitted by the applicant or as approved by the City of Milton Design Review Board. (VC18-09, Part 2) h. To delete requirement for 25% brick, tile, and remaining materials listed for accent materials and replace with the materials listed in the “chart of exterior materials” submitted by the applicant or as approved by the City of Milton Design Review Board. (VC18-09, Part 3) Prepared by the Community Development Department for the City of Milton Mayor and Council Meeting on April 22, 2019 (First Presentation on April 8, 2019) 4/2/2019 Page 19 of 38 R/A RZ08-08/U08-04 i. Architecture shall be consistent in design with the drawings submitted by the applicant identified as Exhibits “B”, “C” and “D” or as approved by the City of Milton Design Review Board. Exhibit “B” Prepared by the Community Development Department for the City of Milton Mayor and Council Meeting on April 22, 2019 (First Presentation on April 8, 2019) 4/2/2019 Page 20 of 38 R/A RZ08-08/U08-04 Exhibit “C” Exhibit “D” 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 Prepared by the Community Development Department for the City of Milton Mayor and Council Meeting on April 22, 2019 (First Presentation on April 8, 2019) 4/2/2019 Page 21 of 38 R/A RZ08-08/U08-04 exceeding 25 percent over a 10-foot rise, or any endangered wildlife species or historical sites on the property. ARBORIST COMMENTS The proposed rezoning will be subject to the tree preservation ordinance including recompense and tree density requirements. A new tree survey was submitted, and the following comments were made regarding the site: • The arborist report appears to be accurate and mitigation will not be required for the specimen trees in poor condition. • The plant material being used for the 35-foot landscape buffer are adequate for visual screening. Many of the selected species for planting are evergreen with branching all the way to the ground. • The landscape plan of the 35-foot landscape buffer show adequate density and spacing to provide a visual screen. CITY OF MILTON FIRE MARSHAL The revised site plan submitted on March 19, 2109 shows a 24-foot-wide road from back of curb to back of curb. This will require that one side of the road be “Fire Laned” which requires “no parking” signs every 50 feet and the curb to be painted red or other distinctive color. TRANSPORTATION ENGINEER A traffic memo has been submitted to the Transportation Engineer to evaluate access and the applicant has been requested to provide additional information. CITY ENGINEER The revised site plan shows the all the flood plain that is within the development. No new development is within this area. PUBLIC INVOLVEMENT Public Participation Meeting – October 13, 2018 The applicant hosted a Public Participation Meeting 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). CZIM Meeting – November 27, 2018 Prepared by the Community Development Department for the City of Milton Mayor and Council Meeting on April 22, 2019 (First Presentation on April 8, 2019) 4/2/2019 Page 22 of 38 R/A RZ08-08/U08-04 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. • 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. Hidden Forest Community Meeting – January 19, 2019 Environmental architect Carrie Kraus and Korey Jones, the developer met with the concerned property owners to discuss these drawings at length and walk their properties along our property line. As stated by the applicant, there were five residents of the subdivision present at the meeting which was held at 140 Peacock Way by the applicant. Three of the residents at the meeting live in the three houses at the end of the cul -de-sac which is impacted the most by the proposed reduced buffer. The applicant stated, each of the home owners was satisfied and even happy with the proposed detailed landscaping plan. The Community Development Department Staff has a letter of support signed by the following addresses: 125, 130, 140, 145 Peacock Way and 13348 Flamingo Road. Prepared by the Community Development Department for the City of Milton Mayor and Council Meeting on April 22, 2019 (First Presentation on April 8, 2019) 4/2/2019 Page 23 of 38 R/A RZ08-08/U08-04 Prepared by the Community Development Department for the City of Milton Mayor and Council Meeting on April 22, 2019 (First Presentation on April 8, 2019) 4/2/2019 Page 24 of 38 R/A RZ08-08/U08-04 Spring Valley Townhomes Meeting – March 15, 2019 Prepared by the Community Development Department for the City of Milton Mayor and Council Meeting on April 22, 2019 (First Presentation on April 8, 2019) 4/2/2019 Page 25 of 38 R/A RZ08-08/U08-04 The applicant, Korey Jones met with three of the concerned adjacent property owners within the Spring Valley Townhomes. They walked the three properties that are adjacent to the proposed development. The three homeowners (3530, 3532 3540 Spring View Ct shown on map below) expressed satisfaction with the 35-foot landscape buffer or 35-foot undisturbed buffer proposed. Below is a sketch of the area adjacent to these property owners and proposed plan. Conditions of zoning are also included in the Recommended Conditions to meet the requirements shown on Exhibit “A”. Prepared by the Community Development Department for the City of Milton Mayor and Council Meeting on April 22, 2019 (First Presentation on April 8, 2019) 4/2/2019 Page 26 of 38 R/A RZ08-08/U08-04 Spring Valley Townhomes support document Prepared by the Community Development Department for the City of Milton Mayor and Council Meeting on April 22, 2019 (First Presentation on April 8, 2019) 4/2/2019 Page 27 of 38 R/A RZ08-08/U08-04 Exhibit “A” Prepared by the Community Development Department for the City of Milton Mayor and Council Meeting on April 22, 2019 (First Presentation on April 8, 2019) 4/2/2019 Page 28 of 38 R/A RZ08-08/U08-04 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 City of Milton Mayor and Council Meeting on April 22, 2019 (First Presentation on April 8, 2019) 4/2/2019 Page 29 of 38 R/A RZ08-08/U08-04 Prepared by the Community Development Department for the City of Milton Mayor and Council Meeting on April 22, 2019 (First Presentation on April 8, 2019) 4/2/2019 Page 30 of 38 R/A RZ08-08/U08-04 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 applicant has provided a detailed buffer plan including cross section of the buffer to demonstrate the 35-foot proposed buffer adjacent to Hidden Forest Subdivision and a portion of Spring Valley Townhomes. The applicant is also providing a 35-foot undisturbed buffer along a portion of the property adjacent to Spring Valley Townhomes. The proposed development is within the range of existing approved densities and uses in the area. Prepared by the Community Development Department for the City of Milton Mayor and Council Meeting on April 22, 2019 (First Presentation on April 8, 2019) 4/2/2019 Page 31 of 38 R/A RZ08-08/U08-04 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. 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 City of Milton Mayor and Council Meeting on April 22, 2019 (First Presentation on April 8, 2019) 4/2/2019 Page 32 of 38 R/A RZ08-08/U08-04 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 City of Milton Mayor and Council Meeting on April 22, 2019 (First Presentation on April 8, 2019) 4/2/2019 Page 33 of 38 R/A RZ08-08/U08-04 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. Staff recommends APPROVAL CONDITIONAL of RZ18-14 and APPROVAL CONDITIONAL VC18-09, PART 1 AND DENIAL OF VC18-09, PARTS 2 AND 3. Prepared by the Community Development Department for the City of Milton Mayor and Council Meeting on April 22, 2019 (First Presentation on April 8, 2019) 4/2/2019 Page 34 of 38 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 revised site plan received by the Community Development Department on March 19, 2019 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 City of Milton Mayor and Council Meeting on April 22, 2019 (First Presentation on April 8, 2019) 4/2/2019 Page 35 of 38 R/A RZ08-08/U08-04 3) To the owner’s agreement to the following site development considerations: a) Provide a 35-foot landscape buffer adjacent to property zoned TR (Townhouse Residential) as depicted on the revised site plan received on March 19, 2019 and the detailed landscape plan dated January 16, 2019 adjacent to the single-family homes in Hidden Forest and portions of Spring Valley Townhomes except as required in condition 3.b. Design and plant selection shall be approved by the City Arborist. (VC18-09, Part 1) b) Provide a 35-foot undisturbed buffer adjacent to Spring Valley Townhomes as depicted on Exhibit “A”. (VC18-09, Part 1) c) Provide a four-board equestrian style fence not to exceed six feet in height along the property line abutting single family residential structures within Hidden Forest Subdivision. d) Provide a four-board equestrian style fence not to exceed six feet in height adjacent to Spring Valley Townhomes as depicted on Exhibit “A”. e) Units 23, 24, and 25 shall have a maximum depth of 40 feet as depicted on Exhibit “A” or as approved by the Community Development Director. f) Minimize clearing limits and grading to within 10 feet beyond Units 23, 24 and 25 as depicted on Exhibit “A” or as approved by the Community Development Director. 3) 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. Prepared by the Community Development Department for the City of Milton Mayor and Council Meeting on April 22, 2019 (First Presentation on April 8, 2019) 4/2/2019 Page 36 of 38 R/A RZ08-08/U08-04 Revised Site Plan Submitted on March 19, 2019 Prepared by the Community Development Department for the City of Milton Mayor and Council Meeting on April 22, 2019 (First Presentation on April 8, 2019) 4/2/2019 Page 37 of 38 R/A RZ08-08/U08-04 Detailed Landscape Plan – January 16, 2019 Prepared by the Community Development Department for the City of Milton Mayor and Council Meeting on April 22, 2019 (First Presentation on April 8, 2019) 4/2/2019 Page 38 of 38 R/A RZ08-08/U08-04 Exhibit “A” N A C L I H 0 G I F SITE UNIT CODE WATER TABLE WALLS WINDOWS LINTELS AND/OR SILLS FRONT DOOR CHIMNEY ROOF MISC 1 A BLACK FOREST LEDGESTONE WHITE CEMENT SIDING BLACK ALUMINUM NONE BLACK COMPOSITE GLASS BLACK FOREST LEDGESTONE BLACK COMPOSITE SLATE STAINED WOOD SHUTTERS 2 A BLACK FOREST LEDGESTONE WHITE METAL BATTEN BLACK ALUMINUM NONE WOOD NAT STAINED GLASS BLACK FOREST LEDGESTONE BLACK COMPOSITE SLATE NONE 3 B BLACK FOREST LEDGESTONE WHITE CEMENT SIDING BLACK ALUMINUM NONE BLACK COMPOSITE GLASS BLACK FOREST LEDGESTONE BLACK COMPOSITE SLATE STAINED WOOD SHUTTERS 4 B BLACK FOREST LEDGESTONE BLACK FOREST LEDGESTONE BLACK ALUMINUM CONCRETE WOOD STAINED PLANK BLACK FOREST LEDGESTONE BLACK COMPOSITE SLATE NONE 5 B BLACK FOREST LEDGESTONE WHITE CEMENT SIDING BLACK ALUMINUM NONE BLACK COMPOSITE GLASS BLACK FOREST LEDGESTONE BLACK COMPOSITE SLATE STAINED WOOD SHUTTERS 6 C FOND DU LAC CO SQUIRE JUMP VR FOXWOOD STONE WHITE ALUMINUM LIMESTONE GRAY COMPOSITE GLASS FOND DU LAC CO SQUIRE JUMP CHESAPEAKE COMP SHAKE NONE 7 C FOND DU LAC CO SQUIRE JUMP FOND DU LAC CO SQUIRE JUMP BLACK ALUMINUM CONCRETE WOOD GRAY STAINED GLASS FOND DU LAC CO SQUIRE JUMP CHESAPEAKE COMP SHAKE NONE 8 C FOND DU LAC CO SQUIRE JUMP GRAY CEMENT SIDING WOOD STAINED LIMESTONE WOOD NAT STAINED GLASS FOND DU LAC CO SQUIRE JUMP CHESAPEAKE COMP SHAKE NONE 9 C FOND DU LAC CO SQUIRE JUMP VR FOXWOOD STONE WHITE ALUMINUM LIMESTONE GRAY COMPOSITE GLASS FOND DU LAC CO SQUIRE JUMP CHESAPEAKE COMP SHAKE NONE 10 D BLACK FOREST LEDGESTONE WHITE CEMENT SIDING BLACK ALUMINUM NONE BLACK COMPOSITE GLASS BLACK FOREST LEDGESTONE BLACK COMPOSITE SLATE STAINED WOOD SHUTTERS 11 D BLACK FOREST LEDGESTONE BLACK FOREST LEDGESTONE BLACK ALUMINUM CONCRETE WOOD NAT STAINED PLANK BLACK FOREST LEDGESTONE BLACK COMPOSITE SLATE NONE 12 D BLACK FOREST LEDGESTONE WHITE METAL BATTEN BLACK ALUMINUM NONE WOOD NAT STAINED GLASS BLACK FOREST LEDGESTONE BLACK COMPOSITE SLATE NONE 13 D BLACK FOREST LEDGESTONE WHITE CEMENT SIDING BLACK ALUMINUM NONE BLACK COMPOSITE GLASS BLACK FOREST LEDGESTONE BLACK COMPOSITE SLATE STAINED WOOD SHUTTERS 14 E FOND DU LAC CO SQUIRE JUMP VR FOXWOOD STONE WHITE ALUMINUM LIMESTONE GRAY COMPOSITE GLASS FOND DU LAC CO SQUIRE JUMP CHESAPEAKE COMP SHAKE NONE 15 E FOND DU LAC CO SQUIRE JUMP FOND DU LAC CO SQUIRE JUMP BLACK ALUMINUM CONCRETE WOOD GRAY STAINED GLASS FOND DU LAC CO SQUIRE JUMP CHESAPEAKE COMP SHAKE NONE 16 F FOND DU LAC CO SQUIRE JUMP GRAY CEMENT SIDING WOOD STAINED LIMESTONE WOOD NAT STAINED GLASS FOND DU LAC CO SQUIRE JUMP CHESAPEAKE COMP SHAKE NONE 17 F FOND DU LAC CO SQUIRE JUMP VR FOXWOOD STONE WHITE ALUMINUM LIMESTONE GRAY COMPOSITE GLASS FOND DU LAC CO SQUIRE JUMP CHESAPEAKE COMP SHAKE NONE 18 G BLACK FOREST LEDGESTONE WHITE CEMENT SIDING BLACK ALUMINUM NONE BLACK COMPOSITE GLASS BLACK FOREST LEDGESTONE BLACK COMPOSITE SLATE STAINED WOOD SHUTTERS 19 G BLACK FOREST LEDGESTONE WHITE METAL BATTEN BLACK ALUMINUM NONE WOOD NAT STAINED GLASS BLACK FOREST LEDGESTONE BLACK COMPOSITE SLATE NONE 20 G BLACK FOREST LEDGESTONE BLACK FOREST LEDGESTONE BLACK ALUMINUM CONCRETE WOOD NAT STAINED PLANK BLACK FOREST LEDGESTONE BLACK COMPOSITE SLATE NONE 21 G BLACK FOREST LEDGESTONE WHITE METAL BATTEN BLACK ALUMINUM NONE WOOD NAT STAINED GLASS BLACK FOREST LEDGESTONE BLACK COMPOSITE SLATE NONE 22 G BLACK FOREST LEDGESTONE WHITE CEMENT SIDING BLACK ALUMINUM NONE BLACK COMPOSITE GLASS BLACK FOREST LEDGESTONE BLACK COMPOSITE SLATE STAINED WOOD SHUTTERS 23 H BARNWOOD FIELDLEDGE BLACK CEMENT SIDING WOOD STAINED CONCRETE WOOD NAT STAINED GLASS BARNWOOD FIELDLEDGE MED BRONZE METAL SEAM NONE 24 H BARNWOOD FIELDLEDGE VR DOVERWOOD STONE BLACK ALUMINUM NONE WOOD DARK STAINED GLASS BARNWOOD FIELDLEDGE MED BRONZE METAL SEAM NONE 25 H BARNWOOD FIELDLEDGE BLACK CEMENT SIDING WOOD STAINED CONCRETE WOOD NAT STAINED GLASS BARNWOOD FIELDLEDGE MED BRONZE METAL SEAM NONE 26 I CHALK DUST BRICK WHITE METAL BATTEN WHITE ALUMINUM WOOD NAT/LIMESTONE GRAY COMPOSITE GLASS CHALK DUST BRICK SILVERSMITH METAL SEAM NONE 27 I CHALK DUST BRICK CHALK DUST BRICK BLACK ALUMINUM CONCRETE WOOD GRAY STAINED GLASS CHALK DUST BRICK SILVERSMITH METAL SEAM NONE 28 I CHALK DUST BRICK GRAY CEMENT SIDING BLACK ALUMINUM CONCRETE WOOD NAT STAINED GLASS CHALK DUST BRICK SILVERSMITH METAL SEAM STAINED WOOD SHUTTERS 29 I CHALK DUST BRICK CHALK DUST BRICK BLACK ALUMINUM CONCRETE WOOD GRAY STAINED GLASS CHALK DUST BRICK SILVERSMITH METAL SEAM NONE 30 I CHALK DUST BRICK GRAY CEMENT SIDING BLACK ALUMINUM CONCRETE WOOD NAT STAINED GLASS CHALK DUST BRICK SILVERSMITH METAL SEAM STAINED WOOD SHUTTERS 31 I CHALK DUST BRICK CHALK DUST BRICK BLACK ALUMINUM CONCRETE WOOD GRAY STAINED GLASS CHALK DUST BRICK SILVERSMITH METAL SEAM NONE 32 I CHALK DUST BRICK GRAY CEMENT SIDING BLACK ALUMINUM CONCRETE WOOD NAT STAINED GLASS CHALK DUST BRICK SILVERSMITH METAL SEAM STAINED WOOD SHUTTERS 33 I CHALK DUST BRICK WHITE METAL BATTEN WHITE ALUMINUM WOOD NAT/LIMESTONE GRAY COMPOSITE GLASS CHALK DUST BRICK SILVERSMITH METAL SEAM NONE 34 J BARNWOOD FIELDLEDGE BLACK CEMENT SIDING WOOD STAINED CONCRETE WOOD NAT STAINED GLASS BARNWOOD FIELDLEDGE MED BRONZE METAL SEAM NONE 35 J BARNWOOD FIELDLEDGE VR DOVERWOOD STONE BLACK ALUMINUM NONE WOOD DARK STAINED GLASS BARNWOOD FIELDLEDGE MED BRONZE METAL SEAM NONE 36 J BARNWOOD FIELDLEDGE BARNWOOD FIELDLEDGE WOOD STAINED NONE BLACK COMPOSITE GLASS BARNWOOD FIELDLEDGE MED BRONZE METAL SEAM NONE 37 J BARNWOOD FIELDLEDGE VR DOVERWOOD STONE BLACK ALUMINUM NONE WOOD DARK STAINED GLASS BARNWOOD FIELDLEDGE MED BRONZE METAL SEAM NONE 38 J BARNWOOD FIELDLEDGE BARNWOOD FIELDLEDGE WOOD STAINED NONE BLACK COMPOSITE GLASS BARNWOOD FIELDLEDGE MED BRONZE METAL SEAM NONE 39 J BARNWOOD FIELDLEDGE BLACK CEMENT SIDING WOOD STAINED CONCRETE WOOD NAT STAINED GLASS BARNWOOD FIELDLEDGE MED BRONZE METAL SEAM NONE 40 K CHALK DUST BRICK WHITE METAL BATTEN WHITE ALUMINUM WOOD NAT/LIMESTONE GRAY COMPOSITE GLASS CHALK DUST BRICK SILVERSMITH METAL SEAM NONE 41 K CHALK DUST BRICK GRAY CEMENT SIDING BLACK ALUMINUM CONCRETE WOOD NAT STAINED GLASS CHALK DUST BRICK SILVERSMITH METAL SEAM STAINED WOOD SHUTTERS 42 K CHALK DUST BRICK CHALK DUST BRICK BLACK ALUMINUM CONCRETE WOOD GRAY STAINED GLASS CHALK DUST BRICK SILVERSMITH METAL SEAM NONE 43 K CHALK DUST BRICK GRAY CEMENT SIDING BLACK ALUMINUM CONCRETE WOOD NAT STAINED GLASS CHALK DUST BRICK SILVERSMITH METAL SEAM STAINED WOOD SHUTTERS 44 K CHALK DUST BRICK WHITE METAL BATTEN WHITE ALUMINUM WOOD NAT/LIMESTONE GRAY COMPOSITE GLASS CHALK DUST BRICK SILVERSMITH METAL SEAM NONE MILIEU CHART OF EXTERIOR MATERIALS SITE UNIT CODE WATER TABLE WALLS WINDOWS LINTELS AND/OR SILLS FRONT DOOR CHIMNEY ROOF MISC 45 L BARNWOOD FIELDLEDGE BLACK CEMENT SIDING WOOD STAINED CONCRETE WOOD NAT STAINED GLASS BARNWOOD FIELDLEDGE MED BRONZE METAL SEAM NONE 46 L BARNWOOD FIELDLEDGE BARNWOOD FIELDLEDGE WOOD STAINED NONE BLACK COMPOSITE GLASS BARNWOOD FIELDLEDGE MED BRONZE METAL SEAM NONE 47 L BARNWOOD FIELDLEDGE BLACK CEMENT SIDING WOOD STAINED CONCRETE WOOD NAT STAINED GLASS BARNWOOD FIELDLEDGE MED BRONZE METAL SEAM NONE 48 M BARNWOOD FIELDLEDGE BLACK CEMENT SIDING WOOD STAINED CONCRETE WOOD NAT STAINED GLASS BARNWOOD FIELDLEDGE MED BRONZE METAL SEAM NONE 49 M BARNWOOD FIELDLEDGE VR DOVERWOOD STONE BLACK ALUMINUM NONE WOOD DARK STAINED GLASS BARNWOOD FIELDLEDGE MED BRONZE METAL SEAM NONE 50 M BARNWOOD FIELDLEDGE BLACK CEMENT SIDING WOOD STAINED CONCRETE WOOD NAT STAINED GLASS BARNWOOD FIELDLEDGE MED BRONZE METAL SEAM NONE 51 N FOND DU LAC CO SQUIRE JUMP VR FOXWOOD STONE WHITE ALUMINUM LIMESTONE GRAY COMPOSITE GLASS FOND DU LAC CO SQUIRE JUMP CHESAPEAKE COMP SHAKE NONE 52 N FOND DU LAC CO SQUIRE JUMP FOND DU LAC CO SQUIRE JUMP BLACK ALUMINUM CONCRETE WOOD GRAY STAINED GLASS FOND DU LAC CO SQUIRE JUMP CHESAPEAKE COMP SHAKE NONE 53 N FOND DU LAC CO SQUIRE JUMP GRAY CEMENT SIDING WOOD STAINED LIMESTONE WOOD NAT STAINED GLASS FOND DU LAC CO SQUIRE JUMP CHESAPEAKE COMP SHAKE NONE 54 N FOND DU LAC CO SQUIRE JUMP VR FOXWOOD STONE WHITE ALUMINUM LIMESTONE GRAY COMPOSITE GLASS FOND DU LAC CO SQUIRE JUMP CHESAPEAKE COMP SHAKE NONE MILIEU CHART OF EXTERIOR MATERIALS SITE NOS: 1,3,5,10,13,18,22 WATER TABLE + CHIMNEY WALLS SHUTTER WINDOW ROOF DOOR CHIMNEY POT SITE NOS: 2,12,19,21 ROOF WATER TABLE + CHIMNEY WINDOW DOOR WALLS CHIMNEY POT SITE NOS: 4,11,20 ROOF WATER TABLE + WALL + CHIMNEY WINDOW DOOR LINTEL + SILL SITE NOS: 6,9,14,17,51,54 ROOF WATER TABLE + CHIMNEY WINDOW WALLS LINTEL + SILL CHIMNEY POT DOOR SITE NOS: 8,16,53 ROOF WALLS WINDOW DOOR WATER TABLE + CHIMNEY LINTEL + SILL CHIMNEY POT SITE NOS: 7,15,52 ROOF WATER TABLE + WALL + CHIMNEY DOOR LINTEL + SILL WINDOW SITE NOS: 23,25,34,39,45,47,48,50 DOOR WINDOW ROOF WATER TABLE + CHIMNEY WALLS LINTEL + SILL SITE NOS: 24,35,37,49 DOOR WINDOW ROOF WALLS WATER TABLE + CHIMNEY SITE NOS: 36,38,46 ROOF WATER TABLE + WALL + CHIMNEY WINDOW DOOR SITE NOS: 26,33,40,44 ROOF WINDOW WATER TABLE + CHIMNEY LINTEL SILL DOOR WALLS SITE NOS: 28,30,32,41,43 WALLS LINTEL + SILL DOOR WINDOW ROOF WATER TABLE + CHIMNEY SHUTTER SITE NOS: 27,29,31,42 WATER TABLE + WALL + CHIMNEY LINTEL + SILL WINDOW ROOF DOOR Page is too large to OCR. ORDINANCE NO._______ PETITION NO. RZ18-14 VC18-09 STATE OF GEORGIA COUNTY OF FULTON AN ORDINANCE TO APPROVE REZONING FROM TR (TOWNHOUSE) RESIDENTIAL AND AG-1 (AGRICULTURAL) TO TR (TOWNHOUSE) RESIDENTIAL (SEC. 64-669) ON 8.46 ACRES LOCATED AT 3501, 3499, 3495, 3485, AND 3475 BETHANY BEND AND A VARIANCE TO DELETE THE REQUIREMENT FOR A 75-FOOT UNDISTURBED BUFFER AND 10-FOOT IMPROVEMENT SETBACK BE IT ORDAINED by the City Council for the City of Milton, Georgia while in regular session on April 22, 2019 at 6:00 p.m. as follows: SECTION 1. That the Zoning Ordinance of the City of Milton be amended, so that the property located on Bethany Bend, consisting of a total of approximately 8.46 acres, as described in the legal description attached hereto as Exhibit “A”, be approved for Townhouses (Sec. 64-669) to the Conditions of Approval described in Exhibit “B” hereto, and a variance to delete the requirement for a 75-foot undisturbed buffer and 10-foot improvement setback adjacent to all property lines abutting property zoned Townhouse Residential (TR)(Sec 64-1091 (b)) hereby; and SECTION 2. That the TR (Townhouse) zoning district approved hereby is subject to the provisions of Sec. 64-669, 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 described in Exhibit “B” hereto; provided that no uses or conditions hereby approved (including any site plan) shall authorize the violation of any district regulations other than as authorized by the variance approved hereby; and SECTION 4. That all ordinances or part of ordinances otherwise in conflict with the terms of this ordinance are hereby repealed; and SECTION 5. This Ordinance shall become effective upon adoption by the Mayor and City Council and the signature of approval of the Mayor. ORDAINED this 22nd day of April, 2018. Approved: ______________________ Joe Lockwood, Mayor Attest: ________________________________ Sudie Gordon, City Clerk (Seal) LEGAL DESCRIPTION - EXHIBIT “A” CONDITIONS OF APPROVAL – EXHIBIT “B” This petition is approved by the Mayor and City Council for Townhouses (Sec. 64- 1834) subject to the owner’s agreement to the following enumerated conditions. 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 yiel d 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 revised site plan received by the Community Development Department on March 19, 2019 and attached hereto as Exhibit “C”, 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: a) Provide a 35-foot landscape buffer adjacent to property zoned TR (Townhouse Residential) as depicted on the revised site plan received on March 19, 2019 (Exhibit “C”) and the detailed landscape plan dated January 16, 2019 adjacent to the single-family homes in Hidden Forest and portions of Spring Valley Townhomes except as required in condition 3.b. Design and plant selection shall be approved by the City Arborist. b) Provide a 35-foot undisturbed buffer adjacent to Spring Valley Townhomes as depicted on Exhibit “A” Landscape Plan adjacent to Spring Valley. c) Provide a four-board equestrian style fence not to exceed six feet in height along the property line abutting single family residential structures within Hidden Forest Subdivision. d) Provide a four-board equestrian style fence not to exceed six feet in height adjacent to Spring Valley Townhomes as depicted on Exhibit “A” Landscape Plan adjacent to Spring Valley. e) Units 23, 24, and 25 shall have a maximum depth of 40 feet as depicted on Exhibit “A” Landscape Plan adjacent to Spring Valley or as approved by the Community Development Director. f) Minimize clearing limits and grading to within 10 feet beyond Units 23, 24 and 25 as depicted on Exhibit “A” Landscape Plan adjacent to Spring Valley or as approved by the Community Development Director. 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. Revised Site Plan Submitted on March 19, 2019 – Exhibit “C” Detailed Landscape Plan – January 16, 2019 Exhibit “A” Landscape Plan adjacent to Spring Valley TO: MILTON't ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM City Council DATE: April 2, 2019 FROM: Steven Krokoff, City Manager AGENDA ITEM: Consideration of an Ordinance to Amend Chapter 2, Article VI, Div 6 - Cell Phones and Other Electronic Devices. MEETING DATE: Monday, April 8, 2019 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (J APPROVED CITY ATTORNEY APPROVAL REQUIRED: (CJxES CITY ATTORNEY REVIEW REQUIRED: (6,Y"E'S APPROVAL BY CITY ATTORNEY: (1PPROVED PLACED ON AGENDA FOR: (J NOT APPROVED () NO () NO (J NOT APPROVED 2006 Heritage Walk Milton, GA P: 678.242.25001 F: 678.242.2499 info@cityofmiltonga.us I www.cityofmiltonga.us To: Honorable Mayor and City Council Members From: Stacey Inglis, Assistant City Manager Date: Submitted September 14, 2018 for the September 24, 2018 Regular City Council Meeting Agenda Item: Consideration of an Ordinance to Amend Chapter 2, Article VI, Div 6 – Cell Phones and Other Electronic Devices _____________________________________________________________________________________ Department Recommendation: Approve the ordinance to revise the policy for Cell Phone and Other Electronic Devices Executive Summary: The city’s cell phone policy, adopted in 2006, has become out-of- date and requires revisions to reflect changes in technology, services and industry practices. In researching policies from other cities, it was noticed that most policies were included in standard operating procedures or in the personnel handbooks instead of in the city’s ordinances. We are proposing an amendment that will pull the policy out of the ordinances and allow it to exist as an administrative policy. Financial Impact: none Alternatives: Leave the policy within the ordinances Legal Review: Jeff Strickland, Jarrard & Davis, March 18, 2019 Concurrent Review: Steve Krokoff, City Manager Attachment: Ordinance Revision and Proposed Cell Phone Policy (Exhibit B) ORDINANCE NO. STATE OF GEORGIA COUNTY OF FULTON AN ORDINANCE TO AMEND CHAPTER 2, ARTICLE VI, DIVISION 6 TO REVISE THE CITY’S CELL PHONE AND OTHER ELECTRONIC DEVICES POLICY The Council of the City of Milton hereby ordains, while in regularly called Council meeting on the 22nd day of April, 2019 at 6:00 p.m., as follows: WHEREAS, the City has adopted revisions to the Cell Phone and Other Electronic Devices Policy, codified at Chapter 2, Article VI, Division 6 of the City’s Code of Ordinances; and, WHEREAS, the City desires to revise its Budgetary Policy to remove the Cell Phone Policy from the Code of Ordinances and allow it to exist as an administrative policy; NOW THEREFORE, THE COUNCIL OF THE CITY OF MILTON HEREBY ORDAINS as follows: 1. That Chapter 2, Article VI, Division 3 of The Code of the City of Milton, Georgia, is hereby amended by incorporating the insertions and deletions shown in the document attached hereto and incorporated herein by reference as “Exhibit A.” 2. That all Ordinances, parts of Ordinances, or regulations in conflict herewith are hereby repealed. 3. That this Ordinance shall become effective upon its adoption. SO ORDAINED this 22nd day of April, 2019. Approved: _______________________________ Joe Lockwood, Mayor Attest: ___________________________ Sudie Gordon, City Clerk (CITY SEAL) EXHIBIT A CHAPTER 2, ARTICLE VI., DIVISION 6. - CELL PHONES AND OTHER ELECTRONIC DEVICES Sec. 2-459. - DefinitionsScope. The City of Milton will maintain a Cell Phone Policy that will be upheld and administered under the direction of the City Manager. The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Cell phones and other electronic devices means devices which allow or facilitate communication between two or more individuals in a wireless format. The term "cell phones and other electronic devices" includes, but is not limited to: (1) Traditional cellular telephones; (2) Pagers; and (3) Blackberry PDAs. (Ord. No. 06-11-05, 11-21-2006) Sec. 2-460. - Purpose and intent. The objective of this division is to: (1) Provide guidelines for the use of electronic equipment, whether directly or indirectly paid for by the city, as the employer of key staff who are in need of such electronic equipment; and (2) Maximize flexibility and availability of city personnel within the scope of the city's financial management program. (Ord. No. 06-11-05, 11-21-2006) Sec. 2-461. - Scope. This division applies to all devices referenced in section 2-459 issued to city employees. Cell phones and other electronic devices can be those pieces of equipment issued directly by the city or by a third - party provider or contractor. Such devices shall be those issued to employees for busine ss purposes. (Ord. No. 06-11-05, 11-21-2006) Sec. 2-462. - General objectives. The primary objectives of activities related to this division shall be as follows: (1) Safety. Electronic devices whether or not provided or reimbursed by the city, and whether with or without hands-free equipment, should be used only when conditions make it safe to use them. Employees should always use the highest degree of care to ens ure safety for themselves and those around them while using these devices. (2) Flexibility. Cell phones and electronic devices will be assigned to city employees based on their role and need. (Ord. No. 06-11-05, 11-21-2006) Sec. 2-463. - Plan options. The plan options available for city employees shall be as follows: (1) Allowance. The city employees selecting this option will be paid a stipend to cover a portion or all of the expenses of a cell phone or other electronic device. a. The city shall be responsible for setting up the service and billing plan and for acquiring all hardware and software associated with operating the device. b. The account shall be billed to the employee on behalf of the employer. The employee is responsible for paying the bill. c. All stipends will not be in excess of $100.00 per month and will be shown as taxable income for the employee under a nonaccountable IRS plan. d. The city employees selecting this option will be allowed to use these devices for personal use. (2) City provided payment and service. The city employees selecting this option will not be provided a monthly bill or statement detailing expenses for use of the device. a. All billings will be sent directly to the city or its agent for payment. b. The city will contract for the cell phone service and provide a cell phone to the employee to be used solely for business purposes. (Ord. No. 06-11-05, 11-21-2006) Sec. 2-464. - Safekeeping and custody. (a) Internal controls. (1) The city operations department is responsible for establishing agreements with cell phone providers. Each department shall determine what functions in their departments require the use of a cell phone in order to perform their job in the most efficient and effective manner. A request shall be made through the IT manager using the IT procurement form. (2) The cell phone coordinator shall maintain a list of city employees who have cell phones that includes the following: a. Date the service was initiated; b. Date the service was terminated; c. Serial number for the equipment; d. Company providing the service; e. Equipment purchase price; f. Data setup fees; and g. Monthly service fees. (b) Replacement or repair. The employee is responsible for the replacement or repair of damaged phones. Employees may be allowed to purchase new equipment every year and only if their existing equipment is no longer functional. (Ord. No. 06-11-05, 11-21-2006) Secs. 2-4650—2-502. - Reserved. EXHIBIT B CITY OF MILTON CELL PHONE POLICY PURPOSE The purpose of this policy is to describe the regulations for cell phone administration, business and personal use, department accountability/responsibility, individual responsibilities, safety measures, and service providers. Cell phones includes, but is not limited to, any wireless telecommunications devices, traditional cellular phones, smartphones, push-to-talk phones, etc. SCOPE This policy shall apply to all cell phones used by or issued to City employees. Cell phones are those pieces of equipment issued directly by the City or by a third-party provider or contractor to one or more City employees. Such devices shall be those issued to or used by employees for business purposes. ELIGIBILITY FOR CITY-ISSUED CELL PHONE OR STIPEND To qualify for a City-issued cell phone or stipend, a determination must first be made that having a cell phone is an essential part of the employee’s job function. Using the following criteria, department heads shall determine which employees within their departments qualify for a stipend or City-issued cell phone: A. Senior management staff in an exempt position who must be available to receive and place time sensitive calls and/or are considered on a permanent on-call status. B. Full-time employees whose duties and responsibilities require them to maintain voice contact with the City while away from the office or to be accessible outside of normal working hours may be eligible for a City cell phone or cell phone stipend. C. Full-time employees whose duties require continual data access in addition to cell phone service while away from the office or outside normal working hours may be eligible for a hotspot or hotspot reimbursement. STIPENDS For certain City employees, it may be necessary or more cost effective to utilize a monthly cell phone stipend in an amount determined by the City. The monthly stipend amount will be reviewed and/or adjusted annually to ensure cost effectiveness. All requests for stipends must be made by submitting the “Employee Cellular Service Stipend and Open Records Act Acknowledgement” form to the Human Resources Department. A. The employee shall be responsible for the purchase of the device/phone, accessory equipment, activation fees, and plan to be utilized. Employees shall 2 ensure that the cellular service is reliable in all work-related areas and at the employee’s residence. B. Employees who receive a monthly stipend shall provide the cellular phone number to the City for work-related communication, shall agree to accept and make City business calls on their phone when required by their supervisor, shall not represent the cell phone he/she uses as the property of the City, and shall carry/answer the cellular phone while on duty, as requested by their supervisor, or as required based on the essential duties of the employee’s job function. Employees are responsible for ensuring that their phone is on and in good working order. C. The maximum monthly stipend amount will be equal to the rate the City pays each month for a City-issued cellular phone. In no case will any stipend exceed the employee’s actual cost of maintaining the line. D. If an employee-owned phone is damaged, broken, lost or stolen, it shall be the sole responsibility of the employee to repair or replace the phone at their cost and the City shall accept no responsibility. E. Any cell phone authorized to be used for City business must support software required to access City emails. F. Employees receiving a monthly stipend shall immediately notify their supervisor in the event their cellular number changes or is cancelled or if their phone is lost/stolen. G. After the Human Resources Department receives the approved request to pay a stipend allowance, the approved amount will be added to the individual’s payroll check and properly reflected on the employee’s paystub. H. Department heads are responsible for reviewing approved stipends on an annual basis to confirm that the employee’s monthly service plan is equal to or higher than the stipend provided by the City and for the purpose of identifying employees who may no longer qualify for a monthly stipend. CELL PHONES (GENERAL) A. The need for a City-purchased cell phone and securing all necessary funds will be the responsibility of each department head. Costs include any cost for the stipend or device, protective case/folio, monthly service fees, licensing fees, client access licenses, business applications, and Mobile Device Management (MDM) licensing. B. Any City-issued cell phone shall be managed by MDM software and licensing, chosen and managed by the Information Services Department. C. Conditions which must be met for any cell phone to be enabled to access City email: a. All cell phone users must sign a waiver (Mobile Device Security Request Form) provided by the Information Services Department acknowledging the employee has read the Cell Phone Policy and agrees to abide by all policy statements within and as may be amended by the City. 3 b. All department heads and/or equivalent shall be aware of the FLSA provisions regarding compensation of employees for all time worked and must ensure that non-exempt employees understand and are complying with the appropriate use of email during non-scheduled work hours. c. Non-Exempt Employees granted access to email on cell phones shall strictly follow work schedules when replying to any email request. Replying when not at work or otherwise “on the clock” is not authorized for Non- Exempt Employees without explicit written directions from the Department Director or equivalent and/or the City Manager or designee. d. All email-enabled devices shall be required to automatically “lock” after a reasonable period of inactivity (no longer than 5 minutes) and must be password protected to “unlock” the device. This is to secure a device left unattended from parties not governed by this policy. These policies shall be enforced by the Mobile Device Management Client. D. For any device approved for connection to the City network, it shall be considered a violation of this policy for any changes to be made to the operating system provided by the manufacturer (i.e., “jail broken” or “rooted”). Any unauthorized changes to the operating system of any device compromises security and will result in termination of service to the device. E. Upon resignation/termination of employment, or at any time upon request, the employee shall produce the cell phone for return or inspection. Employees unable to present the cell phone in good working condition within one business day from the requested time shall be solely responsible for the full cost of a replacement. SAFEKEEPING AND CUSTODY A. The Information Services Department is responsible for establishing agreements with cell phone providers. B. The Information Services Department shall maintain a list of City employees who have City-issued cell phones which list shall include the following: a. Date the service was initiated; b. Date the service was terminated; c. Serial number for the equipment; d. Company providing the service; e. Equipment purchase price; f. Data setup fees; and g. Monthly service fees. PERSONAL USE OF CITY-ISSUED CELL PHONES Limited personal use of a City-issued cell phone may be acceptable, so long as: A. Personal use of devices does not interfere with regular work activity and performance. B. Personal use of devices does not prohibit any business application from being installed and fully functioning on any device (i.e. downloading excessive 4 music/video may run a device low on space, thus rendering it incapable of running City business applications effectively). C. Devices must maintain enough memory/storage space to run all business-related applications and functionalities. D. Personal use does not compromise the security of City information retained on or accessible from the device. E. Other “for a fee” downloads such as music, videos, movies, etc.: it will be the sole responsibility of the end-user/employee to pay for any downloaded media of any type for which a fee is charged. It shall not be the responsibility of the City or Technology Services to backup, maintain, or otherwise protect any personally downloaded application, content, music, video, movie, etc., unless expressly approved and paid for by the City of Milton. WHILE OPERATING A VEHICLE A. Employees whose job responsibilities include regular or occasional driving and who have a cellular phone for business use shall not use their phone while operating a motor vehicle on any public roadway, except in accordance with state law. B. Employees who are charged with traffic violations resulting from the use of their cell phone while driving will be solely responsible for all liabilities that result from such actions. C. If a City vehicle is involved in an accident, the employee’s supervisor or City Manager may request to see the driver’s cell phone to determine if the driver was using the phone at the time of the accident. NOTIFICATION OF DAMAGE OR STOLEN CITY-ISSUED CELLULAR PHONES Employees are responsible for maintaining adequate physical protection for all equipment issued to them by the City. Employees shall promptly notify their direct supervisor and the Information Services Department if any City-issued cellular phone is damaged or stolen. If a City-issued cell phone is stolen, the employee will be required to file a police report. ACCESS TO CELL PHONE STATEMENTS AND RECORDS A. The City reserves the right to monitor the billing and usage of all City-issued cell phones and has the authority to withhold any improper/unauthorized charges from the employee’s wages for reimbursement purposes. B. By accepting the use of a City cell phone, the employee agrees to promptly reimburse the City for all personal charges made which are deemed by the City to be excessive in frequency and duration. If reimbursement for unlimited plans or when actual charges cannot be determined, other disciplinary actions may be issued. C. Employees who receive a cell phone stipend shall understand that all cell phone records pertaining to the performance of the employee’s official duties and employment are subject to Georgia Open Records Act requests. 5 D. Employees who have a City-issued cell phone acknowledge that there is no expectation of privacy when using City-provided cellular phones. The City has the right to review all records related to cellular and/or wireless devices including but not limited to phone logs, text messages, and internet usage logs. Users should further be aware that all records are subject to disclosure under the Georgia Open Records Act. MILTON'S ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: April 3, 2019 FROM: Steven Krokoff, City Manager 11 AGENDA ITEM: Consideration of an Ordinance to Revise Chapter 46, Article III, Division 4, Section 46-123 ("Acceptance by Company") to Make Minor Administrative Changes Including Updating the Address of City Hall. MEETING DATE: Monday, April 8, 2019 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: ( APPROVED (J NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: (1�4ES () NO CITY ATTORNEY REVIEW REQUIRED:( kYlE S () NO APPROVAL BY CITY ATTORNEY: ( APPROVED (J NOT APPROVED PLACED ON AGENDA FOR: �I I 2006 Heritage Walk Milton, GA P: 678.242.25001 F: 678.242.2499 info@cityofmiltonga.us I www.cityofmiltonga.us 0000 To: Honorable Mayor and City Council Members From: Parag Agrawal, Community Development Director Date: Submitted on April 2, 2019 for the April 8, 2019 Regular Council Meeting Agenda Item Consideration of an Ordinance to Revise Chapter 46, Article III, Division 4, Section 46-123 (“Acceptance by Company”) to Make Minor Administrative Changes Including Updating the Address of City Hall. ____________________________________________________________________________ Department Recommendation: Staff recommends approval of the requested minor changes. Executive Summary: The address of City Hall mentioned in the ordinance has not been updated to reflect the current Heritage Walk location. In addition, we are changing the language to reflect the fact that we provide the affidavits for the haulers to sign, so it cannot be on the company’s letterhead. Finally, instead of referring to the ordinance as “provided herewith,” we are expressly citing the ordinance and any potential amendments. There is no change in policy requested. Funding and Fiscal Impact: None Alternatives: The ordinance can be left as is, but it is the opinion of our attorneys that the proposed language change provides greater clarity. Legal Review: Sarah VanVolkenburgh – Jarrard & Davis (March 13, 2019) Concurrent Review: Steve Krokoff, City Manager Attachment(s): Redlined version of ordinance ORDINANCE NO. STATE OF GEORGIA COUNTY OF FULTON AN ORDINANCE TO REVISE CHAPTER 46, ARTICLE III, DIVISION 4, SECTION 46- 123 (“ACCEPTANCE BY COMPANY”) TO MAKE MINOR ADMINISTRATIVE CHANGES INCLUDING UPDATING THE ADDRESS OF CITY HALL The Council of the City of Milton hereby ordains, while in regularly called Council meeting on the 22nd day of April, 2019 at 6:00 p.m., as follows: WHEREAS, the City has adopted a Solid Waste Ordinance, codified at Chapter 46, Article III, Division 4, Section 46-123 (“Acceptance by Company”) of the City’s Code of Ordinances; and, WHEREAS, the City desires to revise its ordinance to update the address of City Hall and make other minor administrative changes; NOW THEREFORE, THE COUNCIL OF THE CITY OF MILTON HEREBY ORDAINS as follows: 1. That Chapter 46, Article III, Division 4, Sec. 46-123 of The Code of the City of Milton, Georgia, is hereby amended by incorporating the insertions and deletions shown in the document attached hereto and incorporated herein by reference as “Exhibit A.” 2. That all Ordinances, parts of Ordinances, or regulations in conflict herewith are hereby repealed. 3. That this Ordinance shall become effective upon its adoption. SO ORDAINED this 22nd day of April, 2019. Approved: _______________________________ Joe Lockwood, Mayor Attest: ___________________________ Sudie Gordon, City Clerk (CITY SEAL) EXHIBIT A Formatted: Left Formatted: Justified Sec. 46-123. - Acceptance by company. Within 30 days after the passage of this article, or within 30 days of establishing a business within the corporate city limits, all companies operating a residential or commercial refuse waste service shall file with the city its acceptance of the terms and provisions of this article, and request for contract. The acceptance and request for contract shall be in writing in a format provided by the City substantially on the company's letterhead and provide as follows: City of Milton 2006 Heritage Walk Attention: City Manager 13000 Deerfield Parkway, Suite 107F Milton, GA 30004 ____________ (the "Company"), acting by and through an officer who is acting within its official capacity and authority, hereby accepts the City of Milton Solid Waste Ordinance to operate a refuse and solid waste collection and disposal system within the City as said Ordinance is set forth and provided herewith in the City of Milton Code of Ordinances as Part II, Chapter 46 – Solid Waste, Article III – Collection Services, which Ordinance is hereby incorporated herein by reference and as it may be amended from time to time. The Company agrees to be bound and governed by each term, provision and condition of the Ordinance, to accept and to give the benefits provided by the Ordinance, and to perform each service and duty set forth and provided for in the Ordinance in a businesslike and reasonable manner and in compliance with the Ordinance. Company: _____ By: _____ Printed Name: _____ Title: _____ (Ord. No. 06-11-04, § 26, 11-21-2006; Ord. No. 07-11-54, § 26, 11-15-2007; Ord. No. 08-11-30, § 26, 11-17-2008; Ord. No. 10-11-84, § 26, 11-15-2010; Ord. No. 11-11-117, §§ 1—5, 11-21- 2011; Ord. No. 12-12-155, § 5(Exh. A), 12-3-2012; Ord. No. 13-12-191, § 5(Exh. A), 12-2- 2013; Ord. No. 14-12-229, § 5(Exh. A), 12-1-2014; Ord. No. 15-11-263 , § 5(Exh. A), 11-16- 2015; Ord. No. 16-12-291 , § 5(Exh. A), 12-5-2016; Ord. No. 17-11-331 , § 5(Exh. A), 11-20-2017) Editor's note— Section 26 of Ord. No. 10-11-84, adopted Nov. 15, 2010, changed the title of § 46-123 from "Written acceptance of company required" to "Acceptance by company." TO: FROM: MILTOr "�rr ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM City Council DATE: April 2, 2019 Steven Krokoff, City Manager `�M AGENDA ITEM: Consideration of an Ordinance to Revise Article III - Officers and Employees, Division 2 - Travel and Meal Expenditure Policy. MEETING DATE: Monday, April 8, 2019 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: ((PPROVED () NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: ((ES () NO CITY ATTORNEY REVIEW REQUIRED: (�4S () NO APPROVAL BY CITY ATTORNEY: (PROVED (J NOT APPROVED PLACED ON AGENDA FOR: Gill � 119 2006 Heritage Walk Milton, GA P: 678.242.25001 F: 678.242.2499 info@cityofmiltonga.us I www.cityofmiltonga.us 0000 To: Honorable Mayor and City Council Members From: Sam Trager, Director of Human Resources Date: Submitted on March 11, 2019 for First Presentation on March 18, 2019 and Unfinished Business on April 8, 2019. Agenda Item: Consideration of an Ordinance to Revise Article III – Officers and Employees, Division 2 – Travel and Meal Expenditure Policy. _____________________________________________________________________________________ Department Recommendation: Approve the attached changes to revise City Ordinances related to the Travel and Meal Expenditure Policy. Executive Summary: In order to be more efficient and address concerns with our travel ordinance, the attached document revises the City’s travel ordinance and allows the City Manager to control and administer the policy. Funding and Fiscal Impact: $0 Alternatives: Other Council directed action. Legal Review: Ken Jarrard, Jarrard and Davis (March 11, 2019) Concurrent Review: Steve Krokoff, City Manager Attachment(s): Ordinance and New Travel Policy (Exhibit B) Page 1 of 4 TRAVEL AND MEAL POLICY Scope; applicability. The City of Milton will maintain a Travel and Meal Expenditure Policy (“Policy”) and the Policy will be maintained and administered under the direction of the City Manager. The City Manager or his/her designee is authorized to amend the Policy, as necessary, from time to time. The Policy will be made available to employees and employees are expected to acknowledge receipt of same, to include any updates or amendments. A current version of the Policy will also be made available on the City website. This section provides guidance on authorized expenditures for all departments under the authority of the City Manager as well as elected and appointed officials**. This section addresses restrictions regarding those costs incurred for travel and meal expenses by any elected official**, city employee, or board member who travels on city-related business. Appropriation. In conjunction with the annual budget process, the city council shall authorize department appropriations for travel and meal expenses consistent with the annual adopted operating budgets. Departments shall not incur travel expenditures unless an appropriation is available or budget amendment has been completed. Expenditure approval. All expenditures relating to travel and meals shall be processed consistent with procurement/purchasing guidelines. Once the Finance Department receives the proper and required documentation from the incurring departments, the execution of payment shall occur. The Finance Department shall only process transactions for payment that are supported by the required departmental approval(s) for the dollar amount of the expenditure, including adequate documentation justifying the expenditure(s), received either electronically or in writing. Settlement of disputed reimbursement claims. The Finance Department shall review expenditure documents for compliance and consistency with all city policies and procedures. Expenditure reimbursement requests that are not in compliance with these policies and procedures shall be returned to the originating department with recommendations for changes (e.g., travel issues, identification of non-reimbursable items, request for further backup, incorrect rates). In the event the department does not agree with the recommendations, the City Manager shall make the final decision regarding whether to authorize the reimbursement. Travel expenses. The city shall reimburse/pay expenses incurred by elected officials ** and employees for travel relating to official city business. The term "official city business" means that activity undertaken in the course and scope of transacting matters on behalf of the City of Milton which has been approved prior to the expenditure being incurred on a city travel reimbursement form. Travel authorization is required for any travel exceeding 50 miles from either (1) City hall, (2) the employee's place of work, or (3) the Page 2 of 4 employee’s/official’s** residence, whichever place of origin is closest to the travel destination. (1) Lodging. Hotel/motel charges shall qualify for reimbursement when they exceed a 50-mile radius as calculated by the travel expense formula set forth above. All traveling personnel shall minimize the expense associated with hotel/motel costs by procuring a government rate for qualified stays. Lodging expense shall be benchmarked against the U.S. General Services Administration (GSA) approved per-diem rate of reimbursement. When the GSA rate is exceeded by 20 percent or more, additional justification shall be required from the traveler. When traveling in the state, all travelers must use the hotel/motel tax-exempt status form. Sales and occupancy taxes charged for lodging within the state do not qualify as eligible reimbursable travel expenses under this policy. Per diem rates can be found at www.gsa.gov. Hotel accommodations for travel less than a 50-mile radius from the city must be approved by the employee's department head or City Manager/designee. (2) Transportation. Approved modes of transportation include vehicle, air, rail, or taxi and public transportation. The method selected by the traveler shall be subject to the most economically feasible, taking into consideration the value of time. If a city vehicle is available, it should be used in lieu of a personal vehicle. Generally, the city will not reimburse for the use of a personal vehicle within ten miles of an employee's official headquarters and/or residence. a. Mileage. The City will abide by the GSA mileage reimbursement schedule. Please note there are different rates for reimbursement based on whether or not a city vehicle is available for use. If a City Vehicle is available, and the employee chooses to use their personal vehicle, mileage will be reimbursed at the lower rate. If a city vehicle is not available, the City Manager or their designee must approve, in writing, the higher reimbursement rate prior to the trip. Mileage shall be calculated using the same methodology for determining the place of origin as it set forth in the “travel expense” section of these policies. Expenses associated with employee's vehicles such as fuel, oil, tires, etc., deemed normal wear and tear, shall not be subject to reimbursement and will be the responsibility of the traveler. Miles traveled in city owned vehicles shall not be subject to reimbursement to the traveler. Expenses associated with the travel in city vehicles such as fuel, oil, tires, etc., shall be the city's responsibility, and necessary purchases should follow normal purchasing guidelines and processes. b. Rental cars. Expenses associated with rental cars (i.e., rental expense and fuel) will be paid at cost, upon submission of a receipt. Employees shall rent mid-size or smaller vehicles, or an appropriate vehicle size based upon the number of employees/personnel needing transportation. Expenses associated with exceeding this car class will be the responsibility of the traveler. Employees should decline additional insurance coverage offered by rental car companies since the city's insurance coverage is applicable to car rentals. c. Air/rail. Transportation provided by major airlines or railroads shall be paid at cost to the traveler. Travel will be limited to coach/economy classes of service. In the event the traveler chooses a class higher than coach/economy (i.e., business or first class) or to Page 3 of 4 extend the trip and change departure or arrival dates, the difference of the expense shall be the responsibility of the traveler. Any reduction in the expense associated with transportation costs as a result of extended or modified travel dates for personal benefit shall not be provided back to the traveler. d. Taxi/shuttle/Uber/Lyft. Expenses associated with local transportation will be deemed eligible expenses as long as receipts (including digital receipts) are provided with point-to-point explanations for this mode of transportation. Such documentation should accompany receipts. 3. Meals/incidentals. a. Meals. i. Expenses associated with meals (i.e., breakfast, lunch and dinner) and incidentals (e.g., snacks, tips, miscellaneous) shall be administered on a per diem basis by the city. Per diem amounts will be derived from the U.S. General Services Administration (GSA), which can be found at www.gsa.com. Per diem will be advanced to the employee prior to travel. Receipts will not be required o n incidental or meal expenses. A meal provided by a common carrier or a complimentary meal provided by a hotel/motel will not effect the per diem. For meals provided on the day of departure and the last day of travel, you must deduct the entire allocated meal cost from the decreased per diem. ii. Alcoholic beverages are not an allowable reimbursable expense and will not be reimbursed pursuant to the city's personnel policies. iii. Expenses incurred for meals on non-overnight travel shall not be reimbursed. b. Program/seminar/conference fees. Charges relating to the traveler's attendance to the particular event (e.g., training, conference, seminar, etc.) shall be paid by the corresponding department, subject to the provisions identified for expenditures in the city's expenditure and purchasing policies. c. Telephone/long distance. Telephone, fax, long distance, Internet, and communication expenses, including postage, shall be reimbursed when relating to the traveler's employment. Expenses for business communication shall be limited to $10.00 per day. d. Laundry/dry cleaning. When travel is scheduled for more than five consecutive days, reimbursement for laundry and dry cleaning expenses will be allowed. Expenses shall be paid at the cost of the services provided. e. Travel advances. Each traveler shall pay for expenses associated with travel on a city-issued credit card, with the exception of meals or incidental expenses. Travel advances for meal/incidental expenses shall be provided to the employee prior to travel by the Finance Department. f. Dependents/spouses not eligible for per diem. Dependents/spouses accompanying employees on official business shall not be eligible for reimbursed Page 4 of 4 expenses by the city. If a dependent or spouse accompanies an employee on an authorized business trip, only those expenses that can be directly attributed to the employee will be reimbursed. Per diem used for expenses other than those directly attributable to the employee will be allowed, however, the per diem amount will not be increased because of dependent/spouse travel. g. Official business expenses. The mayor**, city council**, city manager, department directors and senior city management shall be allowed to conduct official city business while on travel. The submission of expenses related to such official business will be required in order to receive reimbursement. Such items may include expenses associated with meetings or business meals outside of the scope of the purpose of travel. h. Workers' compensation policies. Employees on official business shall follow the city's workers' compensation policies in the event of any on-the-job injury. **Elected officials are provided greater flexibility under this Policy than are employees and appointed officials. The expectation of this Policy is that, as to elected officials only, the above Policies are guidelines and elected officials shall have reasonable discretion to modestly depart from same. Such departures are, however, subject to review by the City Manager and, to the extent that the City Manager believes, in his or her reasonable discretion, that specific Policy departures are not in the best financial interests of the City of Milton – then strict compliance on all or any particular item may be required. 1 EXHIBIT A DIVISION 2. - TRAVEL AND MEAL EXPENDITURE POLICYY Sec. 2-107. - Scope The City of Milton will maintain a Travel and Meal Expenditure Policy (“Policy”) and the pPolicy will be maintained and administered under the direction of the City Manager. The City Manager or his/her designee is authorized to amend the Policy, as necessary, from time to time. The Policy will be made available to employees and employees are expected to acknowledge receipt of same. A current version of the Policy will also be made available on the City website. Sec. 2-108 - Reserved This section provides guidance on authorized expenditures for all departments under the authority of the city manager, mayor and city council. This section shall cover those costs incurred fo r travel and meal expenses by any elected official, city employee, or board member who travels on city -related business. Operating guidelines and procedures for procuring travel and meal expenses shall be issued under separate cover as they do not constitute nor necessitate city council approval. (Ord. No. 06-11-05, 11-21-2006) Sec. 2-108. - Appropriation. In conjunction with the annual budget process, the city council shall authorize department appropriations for travel and meal expenses consistent with the annual adopted operating budgets. Departments shall not incur travel expenditures unless an appropria tion is available, or budget amendment has been completed. (Ord. No. 06-11-05, 11-21-2006) Sec. 2-109. - Expenditure approval. All expenditures relating to travel and meals shall be processed consistent with procurement/purchasing guidelines. Once the city treasurer's office receives the proper documentation from the incurring departments, the execution of payment shall occur. The city treasurer's office shall only process transactions for payment based upon the proper approval for the dollar amount of the expenditure, including adequate documentation, received either electronically or in writing. (Ord. No. 06-11-05, 11-21-2006) Sec. 2-110. - Settlement of disputed reimbursement claims. The city treasurer's office shall review expenditure documents for compliance and appropriateness with all city policies and procedures. Expenditure reimbursement requests that are not in compl iance with these policies and procedures shall be returned to the originating department with recommendations for changes (e.g., travel issues, cellular phone use). In the event the department does not agree with the recommendations, the city manager shall make the final decision regarding whether to authorize the reimbursement. (Ord. No. 06-11-05, 11-21-2006) 2 Sec. 2-111. - Travel expenses. The city shall reimburse/pay expenses incurred by elected officials and employees for travel relating to official city business. The term "official city business" means that which has been approved prior to the expenditure being incurred on a city travel authorization form. Travel authorization forms are required for any travel exceeding 50 miles of the employee's p lace of work. (1) Lodging. a. Hotel/motel charges shall qualify for reimbursement when they exceed a 50 -mile radius of the employee's place of work. All traveling personnel shall minimize the expense associated with hotel/motel costs by procuring a gov ernment rate for qualified stays. Lodging expense shall be benchmarked against the U.S. General Services Administration (GSA) approved per-diem rate of reimbursement. When the GSA rate is exceeded by 20 percent or more, additional justification shall be required from the traveler. When traveling in the state, all travelers must use the hotel/motel tax-exempt status form. Sales and occupancy taxes charged for lodging within the state do not qualify as eligible reimbursable travel expenses under this policy. Per diem rates can be found at www.gsa.gov. Hotel accommodations for travel less than a 50-mile radius from the city must be approved by the employee's department head. b. Elected officials, the city manager, department directors, and city management sha ll be allowed hotel accommodations for travel less than a 50 -mile radius from the city, based upon meeting schedules and attendance needs. (2) Transportation. Approved modes of transportation include vehicle, air, rail, or taxi and public transportation. The method selected by the traveler shall be subject to the most economically feasible, taking into consideration the value of time. If a city vehicle is available, it should be used in lieu of a personal vehicle. Generally, the city will not reimburse fo r the use of a personal vehicle within ten miles of an employee's official headquarters and/or residence. a. Mileage. Miles traveled in personal vehicles shall be reimbursed at the rate designed by the Internal Revenue Service. Mileage shall be calculated using the employee's place of work as the origination point, so long as the employee reported to work prior to departing to the destination. In the event the employee does not report to work prior to traveling to the destination, mileage shall be reimbur sed from the employee's origin, less their normal commute to the workplace. Expenses associated with employee's vehicles such as fuel, oil, tires, etc., deemed normal wear and tear, shall not be subject to reimbursement and will be the responsibility of the traveler. Miles traveled in city-owned vehicles shall not be subject to reimbursement to the traveler. However, expenses associated with the travel in city vehicles such as fuel, oil, tires, etc., shall be the city's responsibility, and necessary purchas es should follow normal purchasing guidelines and processes. b. Rental cars. Expenses associated with rental cars (i.e., rental expense and fuel) will be paid at cost, with receipts provided. Employees shall rent mid -size or smaller vehicles, or an appropriate vehicle size based upon the number of employees needing transportation. Expenses associated with exceeding this car class will be the responsibility of the traveler. Employees should decline additional insurance coverage offered by rental car compan ies since the city's insurance coverage is applicable to car rentals. c. Air/rail. Transportation provided by major airlines or railroads shall be paid at cost to the traveler. Travel will be limited to coach/economy classes of service. In the event the traveler chooses a class higher than coach/economy (i.e., business or first class) or to extend the trip and change departure or arrival dates, the difference of the expense shall be the responsibility of the traveler. Any reduction in the expense associat ed with transportation costs as a result of extended or modified travel dates for personal benefit shall not be provided back to the traveler. 3 d. Taxi/shuttle. Expenses associated with local transportation will be deemed eligible expenses as long as receipts are provided with point-to-point explanations for this mode of transportation. Such documentation should accompany receipts. e. Meals/incidentals. 1. Expenses associated with meals (i.e., breakfast, lunch and dinner) and incidentals (e.g., snacks, tips, miscellaneous) shall be administered on a per diem basis by the city. Per diem amounts will be derived from the U.S. General Services Administration (GSA), which can be found at www.gsa.com. Per diem will be advanced to the employee prior to travel. Receipts will not be required on incidental or meal expenses. Overages of meal expenses will be the responsibility of the employee, while any savings may be retained by the employee. 2. Alcoholic beverages are not allowable reimbursable expenses, and wi ll not be reimbursed pursuant to the city's personnel policies. Expenses incurred for meals when travel has not included overnight stay shall be reimbursed under subsection (2)e.1 of this section. f. Program/seminar/conference fees. Charges relating to the traveler's attendance to the particular event (e.g., training, conference, seminar, etc.) shall be paid by the corresponding department, subject to the provisions identified for expenditures in the city's expenditure and purchasing policies. g. Telephone/long distance. Telephone, fax, long distance, Internet, and communication expenses, including postage, shall be reimbursed when relating to the traveler's employment. Expenses for business communication shall be limited to $10.00 per day. h. Laundry/dry cleaning. When travel is scheduled for more than five consecutive days, reimbursement for laundry and dry cleaning expenses will be allowed. Expenses shall be paid at the cost of the services provided. i. Travel advances. Each traveler shall pay for expenses associated with travel on a personal credit card, with the exception of meals or incidental expenses. Travel advances for meal/incidental expenses shall be provided to the employee prior to travel by the city treasurer's office. j. Dependents/spouses not eligible for per diem. Dependents/spouses accompanying employees on official business shall not be eligible for reimbursed expenses by the city. If a dependent or spouse accompanies an employee on an authorized busine ss trip, only those expenses that can be directly attributed to the employee will be reimbursed. Per diem used for expenses other than those directly attributable to the employee will be allowed, however, the per diem amount will not be increased because o f dependent/spouse travel. k. Official business expenses. The mayor, city council, city manager, department directors and management of the city shall be allowed to conduct official city business while on travel. The submission of expenses related to such official business will be required in order to receive reimbursement. Such items may include expenses associated with meetings or business meals outside of the scope of the purpose of travel. l. Workers' compensation policies. Employees on official business shall follow the city's workers' compensation policies in the event of any on -the-job injury. (Ord. No. 06-11-05, 11-21-2006) Sec. 2-112. - Nontravel meals. 4 Expenses related to the furnishing of meals, snacks, or food sh ould be limited to the following circumstances: (1) Meetings hosted by the city council or city manager; (2) A meeting during regularly scheduled business hours required by law or authorized by a department director which is anticipated to last more th an four hours and which, is scheduled through normal meal times; (3) A business meal with someone other than another city official or employee in order to discuss a specific item of city business; and (4) Meals that are an integral part of a scheduled meeting at which the individual is required to attend. Receipts provided for meals within this category should detail the nature of the meeting and the people who were present for discussion. (Ord. No. 06-11-05, 11-21-2006) Sec. 2-113. - Submission of expenses. All expenses relating to travel shall be submitted to the city treasurer's office no later than ten days after return from the trip. Nontravel meals shall be submitted no later than seven days from the date of occurrence. (Ord. No. 06-11-05, 11-21-2006) Sec. 2-11408. - Employee break rooms. City facilities equipped with break rooms shall be furnished with potable water, coffee, tea, hot cocoa, creamer, sugar, and cups/stirrers at the city's expense. Vending machines will also be available for th e use of elected officials and staff. (Ord. No. 06-11-05, 11-21-2006) Secs. 2-11509—2-133. - Reserved. Formatted: Font color: Red Ak MILTON11k ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: April 2, 2019 U' � . /, FROM: Steven Krokoff, City Manager 1 AGENDA ITEM: Consideration of an Ordinance to Amend Chapter 2, Article VI, Division 3 to Revise the City's Budgetary Policy Regarding Budget Stabilization Resources and Utilization of Prior Year's Fund Balance. MEETING DATE: Monday, April 8, 2019 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (APPROVED CITY ATTORNEY APPROVAL REQUIRED: (�S CITY ATTORNEY REVIEW REQUIRED: (�4S APPROVAL BY CITY ATTORNEY: kfAPPROVED PLACED ON AGENDA FOR: A () NOT APPROVED () NO (J NO (J NOT APPROVED 2006 Heritage Walk Milton, GA P: 678.242.25001 F: 678.242.2499 info@cityofmiltonga.us I www.cityofmiltonga.us To: Honorable Mayor and City Council Members From: Stacey Inglis, Assistant City Manager Date: Submitted on March 12, 2019 for the March 18, 2019 Regular City Council Meeting (First Presentation) and April 8, 2019 (Unfinished Business) Agenda Item: Consideration of an Ordinance to Amend Chapter 2, Article VI, Division 3 to Revise the City’s Budgetary Policy Regarding Budget Stabilization Resources and Utilization of Prior Year’s Fund Balance Department Recommendation: The recommendation is to approve the amendment as presented. Executive Summary: In 2017, amendments were made to the Fund Balance Policy that revised the minimum fund balance the City should maintain from 16% of the subsequent year’s operating expenditures to 25% of the subsequent year’s operating revenues. The Budgetary Policy was also amended to reflect the changes made to the Fund Balance Policy; however, there were additional revisions needed in the section that discussed the utilization of prior year’s fund balance in budget (Chapter 2, Article VI, Division 3, Sec. 2-345 (e)(8)). We are proposing amendments to the Budgetary Policy that cleans up the definitions of Budget Stabilization Resources and Utilization of Prior Year’s Fund Balance in Budget and removes any conflicting language. Funding and Fiscal Impact: None Alternatives: None Legal Review: Approved by Aaron Meyer with Jarrard & Davis on 3/11/19 Concurrent Review: Steven Krokoff, City Manager ORDINANCE NO. STATE OF GEORGIA COUNTY OF FULTON AN ORDINANCE TO AMEND CHAPTER 2, ARTICLE VI, DIVISION 3 TO REVISE THE CITY’S BUDGETARY POLICY REGARDING BUDGET STABILIZATION RESOURCES AND UTILIZATION OF PRIOR YEAR’S FUND BALANCE The Council of the City of Milton hereby ordains, while in regularly called Council meeting on the 8th day of April, 2019 at 6:00 p.m., as follows: WHEREAS, the City has adopted a formal Budgetary Policy, codified at Chapter 2, Article VI, Division 3 of the City’s Code of Ordinances; and, WHEREAS, the City desires to revise its Budgetary Policy to modify language that conflicted with the Fund Balance Policy; NOW THEREFORE, THE COUNCIL OF THE CITY OF MILTON HEREBY ORDAINS as follows: 1. That Chapter 2, Article VI, Division 3, Sec. 2-345 (e) of The Code of the City of Milton, Georgia, is hereby amended by incorporating the insertions and deletions shown in the document attached hereto and incorporated herein by reference as “Exhibit A.” 2. That all Ordinances, parts of Ordinances, or regulations in conflict herewith are hereby repealed. 3. That this Ordinance shall become effective upon its adoption. SO ORDAINED this 8th day of April, 2019. Approved: _______________________________ Joe Lockwood, Mayor Attest: ___________________________ Sudie Gordon, City Clerk (CITY SEAL) EXHIBIT A REDLINED VERSION Article VI, Division 3, Sec. 2-345 (e) (7) Budget stabilization resources. a. The city shall establish a fund-balance reserve in all operating funds for working capital. The purpose of working capital is to:adequate fund balances and reserves according to the city’s fund balance policy (see Division 13 of this Article). 1. Cover the cost of expenditures caused by unforeseen emergencies; 2. Cover shortfalls caused by revenue declines; and 3. Eliminate any short-term borrowing for cash flow purposes. This reserve shall accumulate and then be maintained at an amount, which represents no less than 25 percent of the subsequent year's budgeted revenues. (8) Utilization of prior year's fund balance in budget. If necessary, the city may use the fund balance in excess of the reserve for working capital (see subsection (e)(7) of this section) surplus fund balance as a funding source for that fund's budget in any given year. The amount of unreserved surplus fund balance shall be estimated conservatively, taking into consideration the future year's needs. The minimum requirement for the reserve for working capital, equal to two months of operating and debt expenditures, must first be met before utilizing the excess fund balance as a funding source for the budget. The utilization of fund balance shall be deemed a use of one-time revenues for budgeting purposes. CLEAN VERSION Article VI, Division 3, Sec. 2-345 (e) (7) Budget stabilization resources. a. The city shall establish adequate fund balances and reserves according to the city’s fund balance policy (see Division 13 of this Article). (8) Utilization of prior year's fund balance in budget. If necessary, the city may use the surplus fund balance as a funding source in any given year. The amount of surplus fund balance shall be estimated conservatively, taking into consideration the future year's needs. The utilization of fund balance shall be deemed a use of one-time revenues for budgeting purposes. MILTON'S ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: April 2, 2019 FROM: Steven Krokoff, City Manager eiM th AGENDA ITEM: Consideration of an Ordinance to Amend Appendix A, Parks and Recreation Fees and Other Charges, Chapter 34, Section 24 of the Milton City Code MEETING DATE: Monday, April 8, 2019 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: ( APPROVED (J NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: (J YES (040 CITY ATTORNEY REVIEW REQUIRED: (J YES (AJO APPROVAL BY CITY ATTORNEY: () APPROVED (J NOT APPROVED PLACED ON AGENDA FOR: a�/Ux jlq 2006 Heritage Walk Milton, GA 0000 P: 678.242.25001 F: 678.242.2499 info@cityofmiltonga.us I www.cityofmiltonga.us To: Honorable Mayor and City Council Members From: Jim Cregge, Parks and Recreation Director Date: Submitted on 3/14/2019 for the 3/18/2019 City Council Meeting (First Presentation) and the 4/8/2019 City Council Meeting (Unfinished Business) Agenda Item: Consideration of an Ordinance to Amend Appendix A, Parks and Recreation Fees and Other Charges, Chapter 34, Section 24 (N 2-8) of the Milton City Code ____________________________________________________________________________ Department Recommendation: Staff is recommending the Adoption of the Amendment to Appendix A, Parks and Recreation Fees and Other Charges, Chapter 34, Section 24 (N 2-8) of The Milton City Code. Executive Summary: The City of Milton Parks and Recreation Department Fee Schedule was last reviewed on April 23, 2018 in anticipation of the inaugural swim season at the Milton City Pool . Since that time, Council has provided additional guidance regarding long-term planning for this newly acquired city facility/amenity. As such, there is a need to update the pool pass structure to more adequately serve the long-term needs of our citizens. The Fee Schedule now includes three new season membership options. The first is a senior citizen rate of $55.00 for the whole season. The second is an individual pass of $75.00 for the entire season. The third is a seven member family pass for $350.00. The seasonal pass will permit members to access the pool every day the pool is open between Memorial Day and Labor Day. The additional three options have no effect on the originally proposed and adopted fee schedule. Funding and Fiscal Impact: The adoption of this resolution allows the City to further encourage the usage of the pool at the former Milton Country Club property (i.e. Milton City Pool). The addition also provides us with the opportunity to expand access to our senior citizens. Alternatives: If this resolution is not adopted, our alternative is to not add on to the current admission rates for the use of the pool. Legal Review: There was no legal review done for this amendment. Concurrent Review: Steven Krokoff, City Manager Attachment(s): 1) Ordinance – Appendix A Chapter 34 Section 24 (N 2-8) 2) Chapter 34 - Table of Fees and Charges APPENDIX A 34-24 (a) (1)Diamond field rental rates at Bell Memorial Park or IGA fields - Milton Citizen Rate $25.00 per hour 34-24 (a) (2)Diamond field rental rates at Bell Memorial Park or IGA fields - Milton Citizen Rate $37.50 per hour 34-24 (a) (3)Diamond field rental rates at Bell Memorial Park or IGA fields - Milton Citizen Rate $75.00 34-24 (a) (4)Diamond field rental rates at Bell Memorial Park or IGA fields - Milton Citizen Rate $100.00 34-24 (a) (5)Diamond field rental rates at Bell Memorial Park or IGA fields - Milton Citizen Rate $500.00 34-24 (b) (1)Rectangular Artificial Turf Fields at Bell Memorial Park - Milton Citizen Rate $75.00 per hour 34-24 (b) (2)Rectangular Artificial Turf Fields at Bell Memorial Park - Milton Citizen Rate $100 per hour 34-24 (b) (3)Rectangular Artificial Turf Fields at Bell Memorial Park - Milton Citizen Rate $100.00 34-24 (b) (4)Rectangular Artificial Turf Fields at Bell Memorial Park - Milton Citizen Rate Determined on am individual case basis, limited to the cost to the City. 34-24 (c) (1)Rectangular Natural Turf Fields at IGA Fields - Milton Citizen Rate $25.00 per hour 34-24 (c) (2)Rectangular Natural Turf Fields at IGA Fields - Milton Citizen Rate $100.00 34-24 (d) (1)Facility rental rates at Bethwell Community Center - Milton Citizen Rate $50.00 per hour 34-24 (d) (2)Facility rental rates at Bethwell Community Center - Milton Citizen Rate $50.00 34-24 (e) (1)Tennis Court rental rates at the Milton Country Club - Milton Citizen Rate $5.00 per hour 34-24 (f) (1)Facility rental rates at Community Place - Milton Citizen Rate $50.00 per hour 34-24 (f) (2)Facility rental rates at Community Place - Milton Citizen Rate $200.00 34-24 (g)Facility rental rates at Friendship Community Park Pavilion Only - Milton Citizen Rate $10.00 per hour 34-24 (h) (1)Facility rental rates at Broadwell Pavilion Only - Milton Citizen Rate $50.00 per hour 34-24 (h) (2)Facility rental rates at Broadwell Pavilion Only - Milton Citizen Rate $350.00 34-24 (h) (3)Facility rental rates at Broadwell Pavilion Only - Milton Citizen Rate $100.00 34-24 (i) (1)Camp Joyful Soles $175.00 34-24 (i) (2)Camp Joyful Soles $50.00 34-24 (j)Administrative Fee $15.00 34-24 (k)Employee Discount 50% off of the City of Milton Resident rate 34-24 (l)Non-Resident Rate 50% increase over City of Milton Resident rate 34-24 (m)Independent Contractor Commissions No less than 10% and no more than 30% 34-24 (n) (1)Admission Fee to the Milton Pool $5.00 34-24 (n) (2)Admission Fee to the Milton Pool $55.00 34-24 (n) (3)Admission Fee to the Milton Pool $75.00 34-24 (n) (4)Admission Fee to the Milton Pool $200.00 34-24 (n) (5)Admission Fee to the Milton Pool $250.00 34-24 (n) (6)Admission Fee to the Milton Pool $300.00 34-24 (n) (7)Admission Fee to the Milton Pool $350.00 34-24 (n) (8)Replacement Fee $5.00 Chapter 34 -- Parks, Recreation and Cultural Affairs At the discretion of the Parks ands Recreation Director based upon services provided and fees charged One Field without lights, two hour minimum rental Refundable Security Deposit Rentals offered with lights and fan in a minimum of two hours Refundable Security Deposit Refundable Personal Gas Grill Use Deposit City of Milton employees may receive a discount on City of Milton directly offered programs (Does not apply to programs offered through Independent Contractors) Non-refundable, Non-transferable Deposit per week Approved Refunds/Cancellations Applies to all individuals and businesses not based in Milton Daily Fee - One Guest - One Admission for the Entire Day Season Pass - Memorial Day thru Labor Day - Admission for up to 4 Guests Season Pass - Memorial Day thru Labor Day - Admission for up to 5 Guests Season Pass - Memorial Day thru Labor Day - Admission for up to 6 Guests Replacement of Lost or Damaged Season Pass Season Pass - Memorial Day thru Labor Day - Admission for Senior Citizens ages 55+ Season Pass - Memorial Day thru Labor Day - Admission for a Single Guest Season Pass - Memorial Day thru Labor Day - Admission for up to 7 Guests One Field without lights, two hour minimum rental One Field with lights, two hour minimum rental Rentals offered in a minimum of two hours Rentals offered in a minimum of two hours Registration Fee per week Field preparation - dragging and lining Refundable Security Deposit Refundable Security Deposit Rentals offered in a minimum of one hour intervals For a Special Event for a Day One Field without lights, two hour minimum rental One Field with lights, two hour minimum rental Refundable Security Deposit Other services; i.e. field lining , etc. Rentals offered in a minimum of two hours Refundable Security Deposit STATE OF GEORGIA COUTY OF FULTON ORDINANCE NO. AN ORDINANCE TO AMEND APPENDIX A, PARKS AND RECREATION FEES AND OTHER CHARGES, CHAPTER 34, SECTION 24 OF THE MILTON CITY CODE BE IT ORDAINED by the City Council of the City of Milton, GA while in a regularly called council meeting on April 8, 2019 at 6:00 p.m. does hereby ratify and approve the following Ordinance: SECTION 1. Pursuant to that authorization in Chapter 34, Section 24 (N 2-8) of the Milton Code, Appendix A of the Milton Code is hereby amended to include a table of fees and charges that may be assessed and collected for access and use of City-owned or controlled parks, recreational fields and cultural amenities, with the schedule of said fees and charges as set forth in Exhibit A to this Ordinance. SECTION 2. All ordinances, parts of ordinances, or regulations in conflict herewith are repealed. SECTION 3. That this Ordinance shall become effective upon its adoption. ORDAINED this the 8th day of April, 2019. ____________________________________ Joe Lockwood, Mayor Attest: ______________________________ Sudie AM Gordon, City Clerk (Seal) TO: FROM: MILTON11k ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM City Council DATE: April 2, 2019 Steven Krokoff, City Manager &-M� AGENDA ITEM: Consideration of a Resolution to Dispose of Certain Golf Cart Easements Across Private Parcels Abutting the Former Milton Country Club Property. MEETING DATE: Monday, April 8, 2019 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: ( APPROVED (J NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: (�ES () NO CITY ATTORNEY REVIEW REQUIRED: (If"Y'ES O NO APPROVAL BY CITY ATTORNEY: (eAI'PPROVED (J NOT APPROVED PLACED ON AGENDA FOR: Oqlalll 2006 Heritage Walk Milton, GA P: 678.242.25001 F: 678.242.2499 info@cityofmiltonga.us I www.cityofmiltonga.us To: Honorable Mayor and City Council Members From: Parag Agrawal, Community Development Director Date: Submitted on March 25, 2019 for the April 8, 2019 Regular Council Meeting. Agenda Item: Consideration of a Resolution to Dispose of Certain Golf Cart Easements Across Private Parcels Abutting the Former Milton Country Club Property ______________________________________________________________________________ Department Recommendation: Approval. Executive Summary: In January 2018, the City of Milton acquired approximately 137 acres of land formerly known as the Milton Country Club. Prior to the City’s acquisition, the Property was privately-owned and operated as a golf course that included a “golf cart easement” that traversed several privately-owned properties. (see survey attached hereto marked Exhibit A). This Resolution will allow the City of Milton to convey the golf cart easements depicted on Lots 11, 11A, and 12 of Wood Valley Subdivision, Unit Two; Lots 1, 2, 3, 4, 5, 6, 14, 67, 81, and 82 of Wood Valley at the Country Club of North Fulton, Unit One; and Lots 22, 26, 27, 28, 29, 30, 31, 32, and 33 of Wood Valley at the Country Club to the benefit of the abutting private property owners. The easement on Lot 34 will not be released at this time. The City will continue to hold the easement on Lot 34 until an alternate access point is identified. Funding and Fiscal Impact: None Alternatives: None. Legal Review: Sarah Van Volkenburgh – Jarrard & Davis 03-13-2019 Concurrent Review: Steve Krokoff, City Manager Attachment(s): Resolution Page 1 of 3 STATE OF GEORGIA RESOLUTION NO. COUNTY OF FULTON A RESOLUTION TO DISPOSE OF CERTAIN GOLF CART EASEMENTS ACROSS PRIVATE PROPERTY PARCELS ABUTTING THE FORMER MILTON COUNTRY CLUB PROPERTY WHEREAS, on or about December 5, 2017, the City of Milton (the “City”) entered into an Agreement for Sale of Realty to acquire approximately 137 acres of land formerly known as the Milton Country Club (the “Property”); WHEREAS, on or about January 19, 2018, the City closed on its acquisition of the Property; WHEREAS, prior to the City’s acquisition, the Property was privately-owned and operated as a golf course; WHEREAS, when the golf course and surrounding residential subdivisions were initially developed, some of the abutting private property lots included a “golf cart easement” of varying width to allow golf course users limited access onto such parcels for golf course-related purposes (see survey attached hereto marked Exhibit A and by this reference incorporated herein); WHEREAS, the Official Code of Georgia Annotated (“O.C.G.A.”) § 36-37-6(g) provides, in part, that, “… the governing authority of any municipal corporation is authorized to sell and convey parcels of narrow strips of land, so shaped or so small as to be incapable of being used independently as zoned or under applicable subdivision or other development ordinances, or as streets, whether owned in fee or used by easement, to abutting property owners where such sales and conveyances facilitate the enjoyment of the highest and best use of the abutting owner’s property without first submitting the sale or conveyance to the process of an auction or the solicitation of sealed bids …”; WHEREAS, the City’s Charter provides, at Section 1.12 (Municipal Powers), at subsection (b)(21), in part, that the City is empowered, “To … dispose of … any real, personal, or mixed property, in fee simple or lesser interest, inside or outside the property limits of the city”; WHEREAS, the City does not use the Property as a golf course and no longer has any use for certain of these golf cart easements, as specified more fully below; WHEREAS, other than the City of Milton and the servient estate property owners, there are no other abutting owners with an interest in the subject easements; Page 2 of 3 WHEREAS, certain of the golf cart easements have no value to the City, and it is reasonable that the highest and best use is for the City to release such easements to the benefit of the private property parcel owners upon whose property such easements run; and, WHEREAS, this Resolution shall manifest the consent of the City of Milton to convey the easements specified below to the abutting property owners, and that such conveyance upon the terms set forth in this Resolution serves the best interest of the public health, welfare, and safety of the citizens of the City of Milton. NOW THEREFORE BE IT RESOLVED by the Mayor and Council of the City of Milton that, 1. The statements, representations, and affirmations in the Preamble to this Resolution are restated as if set forth verbatim and are correspondingly adopted. 2. The golf cart easements depicted on Lots 11, 11A, and 12 of Wood Valley Subdivision, Unit Two; Lots 1, 2, 3, 4, 5, 6, 14, 67, 81, and 82 of Wood Valley at the Country Club of North Fulton, Unit One; and Lots 22, 26, 27, 28, 29, 30, 31, 32, and 33 of Wood Valley at the Country Club of North Fulton, Unit Three, as more particularly shown on the survey attached at Exhibit A hereto, shall be released to the benefit of the abutting private property owners upon whose property such easements run. 3. The City Attorney shall prepare appropriate documentation for the Mayor to execute to release and quit claim any and all interest of the City (as Grantor) in such golf cart easements to the abutting private property owners (as Grantees) upon whose property such easements run. 4. The City Attorney shall cause such executed documents to be filed in the real property records of the Fulton County Superior Court Clerk’s office. 5. The City Attorney shall cause a copy of the recorded document to be mailed to each corresponding Grantee receiving the benefit of such release. SO RESOLVED, this 8th day of April, 2019. _______________________________ Joe Lockwood, Mayor Attest: __________________________ Sudie AM Gordon, City Clerk Page 3 of 3 Exhibit A Property Survey Depicting Golf Cart Easements Page is too large to OCR. Page is too large to OCR. Page is too large to OCR. Page is too large to OCR. Page is too large to OCR. MILTON, k TO: FROM: AGENDA ITEM: MEETING DATE: ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM City Council DATE: April 2, 2019 Steven Krokoff, City Manager 5__/11) Consideration of Approval of Continued Collection o': Hotel/Motel Taxes from On -Line Travel Companies by Class Counsel Beyond December 2020 in City of Rome v. Hotels.com Class Action. Monday, April 8, 2019 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER:PPROVED (J NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: J; S () NO CITY ATTORNEY REVIEW REQUIRED: ( YES () NO APPROVAL BY CITY ATTORNEY: (PROVED () NOT APPROVED PLACED ON AGENDA FOR: o41o5gh `i 2006 Heritage Walk Milton, GA P: 678.242.25001 F: 678.242.2499 info@cityofmiltonga.us I www.cityofmiltonga.us To: Honorable Mayor and City Council Members From: Ken Jarrard, City Attorney Date: Submitted on April 2, 2019 for the April 8, 2019 Regular City Council Meeting Agenda Item: Consideration of Approval of Continued Collection of Hotel/Motel Taxes from On-Line Travel Companies by Class Counsel Beyond December 2020 in City of Rome v. Hotels.com Class Action _____________________________________________________________________________________ Department Recommendation: Election to support class counsel to continue administration of collection of incremental hotel/motel taxes beyond December, 2020. Executive Summary: The City currently participates as a member of the plaintiff class in a class action lawsuit filed in 2005 against several Online Travel Companies (“OTCs). Pursuant to a 2011 Court Order in the case, the class counsel (Brinson, Askew Berry, Seigler, Richardson & Davis LLP in Rome, Georgia) receives payment for hotel/motel taxes due for bookings in all jurisdictions along with information related to which bookings occurred in which jurisdictions. Class counsel then determines how much each jurisdiction is entitled to from the total amount paid and sends individual checks to each jurisdiction. Of course, class counsel withholds an amount for fees and expenses incurred in performing this service. That amount has historically been around 33% of the total fees collected. The Order is currently scheduled to be in place through December 2020. Looking ahead, class counsel has proposed continuing with the same general arrangement, with class counsel continuing to administer the payments, but with a set fee of 12.5%, plus expenses. Class counsel advises that expenses have been around $1,500 to $2,000 per quarter (less than 0.5% of the typical amount collected in a quarter). As such, expected deductions would be no more than 13% if approved and the net amounts disbursed will actually go up under the new arrangement (in comparison to the current arrangement). The alternative is that each individual jurisdiction would be responsible for collecting from the OTC’s directly. Class counsel has asked that each jurisdiction express its choice so that they may act accordingly in pursuing the future course of the litigation. Funding and Fiscal Impact: By approving the plan for continued administration by class counsel, the current procedures that have been in place for almost 8 years would continue to be in operation; no new City resources would be diverted to collection of the incremental hotel/motel taxes. In fact, the cost to participate in these collection procedures is expected to actually drop, thus resulting in retention of a slightly higher percentage of the incremental taxes collected. Alternatives: The City could choose to cease participation in the class counsel’s administration of the collection of incremental taxes. The City would then be obligated to pursue collection of the incremental taxes from the OTCs individually for each booking event. This would eliminate the costs assessed by the class counsel (expected to be on the order of 13%), but would become an additional regular responsibility of staff. Legal Review: Paul Frickey – Jarrard & Davis (4/1/19) Concurrent Review: Steve Krokoff, City Manager Attachment(s): Continuation of Administration After December 2020 Filing Form 337885.1 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF GEORGIA ROME DIVISION CITY OF ROME, GEORGIA, et al. Plaintiffs, v. HOTELS.COM, L.P., et al. Defendants. CIVIL ACTION FILE NO.: 4:05-CV-249-HLM CONTINUATION OF ADMINISTRATION AFTER DECEMBER 2020 On behalf of the undersigned City or County, the local government agrees to continue with the administration handled by J. Anderson Davis of Brinson, Askew, Berry, Seigler, Richardson & Davis, LLP, of Rome, Georgia. This ____ day of ____________________, 2019. ____________________________(City/County) By:_____________________________________ Printed Name:_________________________ Title:________________________________ On behalf of the undersigned City or County, the local government does not agree to continue with the administration handled by J. Anderson Davis of Brinson, Askew, Berry, Seigler, Richardson & Davis, LLP, of Rome, Georgia, and wishes to collect the taxes on its own. This ____ day of ____________________, 2019. ____________________________(City/County) By:_____________________________________ Printed Name:_________________________ Title:________________________________ MILTON, * ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: April 2, 2019 FROM: Steven Krokoff, City Manager i AGENDA ITEM: Consideration of Two Related Agreements for Purchase of Realty between the City of Milton and Bolivar Aviles-Alfaro, Jr., Trustee; Anna Maria Aviles McCaa, Trustee; and Esmeralda Aviles Wells for Fulton Tax Parcel No. 22 446009590380, 0 Bethany Road (4.99 Acres), and between the City of Milton and James R. Wells for Fulton Tax Parcel Nos. 22 446009600296, 0 Bethany Road (32.16 Acres), 22 445008880198, 0 Bethany Road (35.72 Acres), 22 446009600544, 0 Bethany Road (3.79 Acres), 22 462009610532, 13522 Providence Road (11.95 Acres), all parcels containing a total of 88.61 acres, more or less, for a total combined purchase price of $5,720,000. MEETING DATE: Monday, April 8, 2019 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: APPROVED () NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: (�S () NO CITY ATTORNEY REVIEW REQUIRED: (44ES (J NO APPROVAL BY CITY ATTORNEY: (PROVED (J NOT APPROVED PLACED ON AGENDA FOR: u l D I ) 1 Ll 2006 Heritage Walk Milton, GA P: 678.242.25001 F: 678.242.2499 info@cityofmiltongo.us I www.cityofmiltonga.us To: Honorable Mayor and City Council Members From: Parag Agrawal, Community Development Director Date: Submitted April 2, 2019 for the April 8, 2019 Regular City Council Meeting Agenda Item: Consideration of Two Related Agreements for Purchase of Realty between the City of Milton and Bolivar Aviles-Alfaro, Jr., Trustee; Ana Maria Aviles McCaa, Trustee; and Esmeralda Aviles Wells for Fulton Tax Parcel No. 22 446009590380, 0 Bethany Rd. (4.99 Acres), and between City of Milton and James R. Wells for Fulton Tax Parcel Nos. 22 446009600296, 0 Bethany Rd. (32.16 Acres), 22 445008880198, 0 Bethany Rd. (35.72 Acres), 22 446009600544, 0 Bethany Rd. (3.79 Acres) 22 462009610532, 13522 Providence Rd. (11.95 Acres), all parcels containing a total of 88.61 acres, more or less, for a total combined purchase price of $5,720,000. ____________________________________________________________________________________ Department Recommendation: Staff recommends approval of the contract for the purchase of the above referenced Fulton County tax parcels. Executive Summary: The Milton Greenspace Advisory Committee (MGAC), charged with evaluating, prioritizing, and recommending property to the City Council, identified these five parcels for acquisition as part of the city’s greenspace initiative. The property meets several of the criteria used to evaluate potential acquisitions, including water resources, natural areas and wildlife habitat, and proximity to trails and public assets. Procurement Summary: Purchasing method used: Other (See Comment Above) Account Number: 310-6110-541100001 Requisition Total: $5,7200,000 Legal Review: Jeff Strickland – Jarrard & Davis (April 1, 2019) Concurrent Review: Steve Krokoff, City Manager Attachment: Contracts to purchase Map of referenced parcels 1 AGREEMENT FOR SALE OF REALTY THIS AGREEMENT FOR SALE OF REALTY (the “Agreement”) is made and entered into this _____ day of ______________, 2019, by and between the CITY OF MILTON, a Georgia municipal corporation (“Buyer”), and BOLIVAR AVILES-ALFARO, JR., TRUSTEE under the Bolivar Aviles-Alfaro, Jr. Trust Agreement executed August 2, 1996; ANA MARIA AVILES MCCAA, TRUSTEE under the Ana Maria Aviles McCaa Trust Agreement executed February 7, 2000; and ESMERALDA AVILES WELLS, individually (“Seller”). AGREEMENT 1. Purchase and Sale of Property. The Buyer agrees to buy, and the Seller agrees to sell, all that tract of land located at or near Bethany Road (Fulton County, Georgia) and containing approximately 4.99 acres, as shown and depicted on Exhibit “A,” attached hereto and incorporated herein by reference, and otherwise known as Fulton County Tax Parcel 22 446009590380, and including all structures, fixtures and appurtenances attached thereto (hereinafter referred to as the “Property”). Prior to or contemporaneous with closing this transaction, Buyer shall have prepared a survey and associated plat of the Property by a licensed land surveyor and shall make same available for Seller’s prior review and approval. The final survey contemplated in this paragraph shall establish the boundary of the Property. 2. Purchase Price. The purchase price of the Property shall be $65,000.00 per acre ($324,350.00 for 4.99 acres). The exact purchase price will be determined following Buyer’s survey of the Property during its Due Diligence period (described below) and calculated based 2 on the total acreage to be acquired herein as determined by the survey (after Seller’s review and reasonable confirmation of same). 3. Earnest Money. Within five (5) days following execution of this Agreement, Buyer will pay to Seller Ten Thousand Dollars ($10,000.00) as earnest money to be held by Seller (“Earnest Money”) until the closing, which Earnest Money shall be applied as part payment of the purchase price of the Property at the time of closing, and in the event Buyer terminates this Agreement in compliance herewith and the sale is not closed, then in that event the Earnest Money shall be immediately returned to Buyer, except as otherwise provided for herein. Upon execution of this Agreement, Seller shall provide a completed IRS Form W-9 (a form of which is attached hereto marked Exhibit “B”) 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 Seller. 4. Due Diligence. The Buyer shall have a Due Diligence period commencing immediately upon payment of the Earnest Money through the Closing Date (as defined in paragraph 8). 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. Buyer’s entry upon the Property and its due diligence activities (a) shall be conducted at Buyer’s and Buyer’s authorized agents’ and contractors’ sole risk in all respects; (b) shall not unreasonably interfere with Seller’s use of the Property; and (c) shall not cause material damage to the Property. Buyer may terminate this Agreement during the Due Diligence period with or without cause, and in the event of such termination Buyer shall receive a full refund of the Earnest Money, without 3 interest. On the Closing Date, the Earnest Money shall become non-refundable and may be retained by Seller, and the Buyer’s right to terminate as described in this Section shall expire. During the Due Diligence period, Buyer shall procure, at Buyer’s cost, a written title opinion to Seller’s reasonable satisfaction, it being understood that Seller may not terminate this Agreement unless Seller cannot convey good, insurable, and marketable title (as defined in paragraph 5). 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 terminates the Agreement as described herein, 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, without interest. 5. Marketable Title. Upon the closing of the purchase and sale of the Property, Seller agrees to 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 standard permitted exceptions included on a standard form of ALTA owner’s title insurance for the sale of land, plus (if different) zoning, general sewer, drainage, utility easements and other restrictions of record; (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. 6. No Other Warranty. Subject to paragraph 5, the Property is being sold “AS-IS,” and Seller provides no warranty whatsoever as to the condition(s), hazards(s) or feature(s) of, on or below the Property, environmental or otherwise. 4 7. Public Meeting Requirement. In accordance with the Georgia Open Meetings Act, Buyer’s decision to enter into this Agreement to acquire the Property must be made in an open (i.e., public) meeting where the identity of the Property and the terms of the acquisition are disclosed before the vote. See O.C.G.A. § 50-14-3(b). 8. Closing Date. Buyer shall have until noon on the sixtieth (60th) day following the date on which this Agreement is executed (such time being the “Closing Date”) to close the purchase of the Property. Title to the Property shall transfer at the time of closing. At the closing, the Seller shall deliver to the Buyer a Limited Warranty Deed to the Property conveying good, insurable, and marketable title to the Property (as defined in paragraph 5), and all of Seller’s interest in mineral and sub-surface rights (if any), with the hereditaments and appurtenances, to the Buyer and its assigns, in fee simple. 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. All real estate taxes for 2019 will be prorated as of the date of closing. If, as of the closing date, the Seller has already paid the 2019 real estate taxes, then Buyer agrees to pay Seller at closing an amount equal to (a) such Seller-paid taxes multiplied by (b) a fraction, (i) the denominator of which shall be 365, and (ii) the numerator of which shall be the number of days remaining in the 2019 calendar year as of the date of closing. The parties acknowledge that the conveyance of the Property to Buyer is exempt from the requir ement to pay any documentary revenue stamp tax or transfer, conveyance or recordation taxes under O.C.G.A. § 48-6-2(a)(3). 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 a demand for the return of the Earnest Money is made by Buyer prior to the Closing Date because loss or damage occurred to the Property prior to 5 closing by reasons other than Buyer’s Due Diligence, the Buyer may, without liability, terminate the Agreement and receive a full refund of the Earnest Money, without interest, 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. 11. Right of Entry. Except as provided in paragraph 4 above, the Buyer has no right of entry upon the Property. 12. Preservation of Property. The Seller agrees that until the Closing Date, Seller shall not cause any material change to the character or use of the Property. In the event of such actions by Seller, the Buyer may, without liability, and prior to the Closing Date, refuse to accept the conveyance of title and receive a full refund of the Earnest Money, without interest, Alternatively, the Buyer may elect to accept conveyance of title to the Property at the closing. 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 time), 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. 15. Final Agreement. This Agreement terminates and supersedes all 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 6 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 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 be held invalid for any reason. 17. Governing Law. This Agreement 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.C.G.A. § 50-14-1 et seq.) and the Georgia Open Records Act (O.C.G.A. § 50-18-70 et seq.). 18. Broker or Agent and Other Expenses. Each party’s respective broker or agent fees, and all other expenses incurred by them in relation to this transaction shall be borne exclusively by that party. 19. Additional Contingency. Concurrently with this transaction, Buyer is also under contract to acquire additional parcels abutting or near the Property which are otherwise known as the following Fulton County Tax Parcels: 22 445008880198 ( 35.72-acre parcel ) 22 446009600296 ( 32.16-acre parcel ) 22 462009610532 ( 11.95-acre parcel ) 22 446009600544 ( 3.79-acre parcel ) which parcels are owned by James R. Wells. Buyer’s obligation to acquire the Property is contingent on Buyer successfully closing its acquisition of these parcels. Additionally, in the event the parties agree to an extension of the due diligence period for, or an extension of the date to close the purchase and sale of, these parcels, Seller herein agrees to likewise extend the 7 Buyer’s Due Diligence Period or the date to close the purchase and sale of the Property (as applicable), so that all parcels being acquired by Buyer may be closed simultaneously. 20. Due Authority. Each party represents and warrants to the other that they and their signatories are duly authorized to enter into this Agreement and that all requisite legal procedures necessary to effect the transaction contemplated by this Agreement have been followed. 21. Brokerage Disclosure. Stacy W. O’Neill, a relative of each of the Sellers, is a licensed real estate salesperson in the state of Georgia and is representing the interests of the Sellers in their sale of the Property. 22. Counterparts and Electronic Copies and Signature. This document may be executed in counterparts. An electronic copy of a fully-executed Agreement, to include execution by counterparts and via electronic signature, shall be deemed useful for all purposes, pursuant with O.C.G.A. § 10-12-1, et seq. [Signature Pages Follow] 8 IN WITNESS WHEREOF, the parties have executed this AGREEMENT FOR SALE OF REALTY as of the day and year first above written. SELLER: SIGNED, SEALED, AND DELIVERED in the presence of: _____________________________ Witness _____________________________ Notary Public [NOTARY SEAL] My Commission Expires:_________ ______________________________________ BOLIVAR AVILES-ALFARO, JR., Trustee under the Bolivar Aviles-Alfaro, Jr. Trust Agreement executed August 2, 1996 SIGNED, SEALED, AND DELIVERED in the presence of: _____________________________ Witness _____________________________ Notary Public [NOTARY SEAL] My Commission Expires:_________ ______________________________________ ANA MARIA AVILES MCCAA, Trustee under the Ana Maria Aviles McCaa Trust Agreement executed February 7, 2000 9 SIGNED, SEALED, AND DELIVERED in the presence of: _____________________________ Witness _____________________________ Notary Public [NOTARY SEAL] My Commission Expires:_________ _____________________________________ ESMERALDA AVILES WELLS SIGNED, SEALED, AND DELIVERED in the presence of: _____________________________ Witness _____________________________ Notary Public [NOTARY SEAL] My Commission Expires:_________ BUYER: CITY OF MILTON, GEORGIA By: _____________________________ Joe Lockwood, Mayor [CITY SEAL] .1 v 1 AGREEMENT FOR SALE OF REALTY THIS AGREEMENT FOR SALE OF REALTY (the “Agreement”) is made and entered into this _____ day of ______________, 2019, by and between the CITY OF MILTON, a Georgia municipal corporation (“Buyer”), and JAMES R. WELLS (“Seller”). AGREEMENT 1. Purchase and Sale of Property. The Buyer agrees to buy, and the Seller agrees to sell, all that tract or tracts of land located at or near Bethany Road (Fulton County, Georgia) and containing a total of 83.62 acres, more or less, as shown and depicted at Exhibits “A-1” through “A-4,” attached hereto and incorporated herein by reference, and otherwise known as the following Fulton County Tax Parcel(s) (four parcels total): 22 445008880198 ( 35.72-acre parcel ) ( Exhibit A-1 ) 22 446009600296 ( 32.16-acre parcel ) ( Exhibit A-2 ) 22 462009610532 ( 11.95-acre parcel ) ( Exhibit A-3 ) 22 446009600544 ( 3.79-acre parcel ) ( Exhibit A-4 ) and including all structures, fixtures and appurtenances attached thereto (hereinafter referred to as the “Property”). Prior to or contemporaneous with closing this transaction, Buyer shall have prepared a survey and associated plat of the Property by a licensed land surveyor and shall make same available for Seller’s prior review and approval. The final survey contemplated in this paragraph shall establish the boundary of the Property. 2. Purchase Price. The purchase price of the Property shall be $65,000.00 per acre ($5,435,300.00 for 83.62 acres). The exact purchase price will be determined following Buyer’s survey of the Property during its Due Diligence period (described below) and calculated based on 2 the total acreage to be acquired herein as determined by the survey (after Seller’s review and reasonable confirmation of same). 3. Earnest Money. Within five (5) days following execution of this Agreement, Buyer will pay to Seller Ten Thousand Dollars ($10,000.00) as earnest money to be held by Seller (“Earnest Money”) until the closing, which Earnest Money shall be applied as part payment of the purchase price of the Property at the time of closing, and in the event Buyer terminates this Agreement in compliance herewith and the sale is not closed, then in that event the Earnest Money shall be immediately returned to Buyer, except as otherwise provided for herein. Upon execution of this Agreement, Seller shall provide a completed IRS Form W-9 (a form of which is attached hereto marked Exhibit “B”) 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 Seller. 4. Due Diligence. The Buyer shall have a Due Diligence period commencing immediately upon payment of the Earnest Money through the Closing Date (as defined in paragraph 8). 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. Buyer’s entry upon the Property and its due diligence activities (a) shall be conducted at Buyer’s and Buyer’s authorized agents’ and contractors’ sole risk in all respects; (b) shall not unreasonably interfere with Seller’s use of the Property; and (c) shall not cause material damage to the Property. Buyer may terminate this Agreement during the Due Diligence period with or without cause, and in the event of such termination Buyer shall receive a full refund of the Earnest Money, without interest. On the Closing Date, the Earnest Money shall become non-refundable and may be retained by Seller, and 3 the Buyer’s right to terminate as described in this Section shall expire. During the Due Diligence period, Buyer shall procure, at Buyer’s cost, a written title opinion to Seller’s reasonable satisfaction, it being understood that Seller may not terminate this Agreement unless Seller cannot convey good, insurable, and marketable title (as defined in paragraph 5). 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 terminates the Agreement as described herein, 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, without interest. 5. Marketable Title. Upon the closing of the purchase and sale of the Property, Seller agrees to 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 standard permitted exceptions included on a standard form of ALTA owner’s title insurance for the sale of land, plus (if different) zoning, general sewer, drainage, utility easements and other restrictions of record; (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. 6. No Other Warranty. Subject to paragraph 5, the Property is being sold “AS-IS,” and Seller provides no warranty whatsoever as to the condition(s), hazards(s) or feature(s) of, on or below the Property, environmental or otherwise. 7. Public Meeting Requirement. In accordance with the Georgia Open Meetings Act, Buyer’s decision to enter into this Agreement to acquire the Property must be made in an open 4 (i.e., public) meeting where the identity of the Property and the terms of the acquisition are disclosed before the vote. See O.C.G.A. § 50-14-3(b). 8. Closing Date. Buyer shall have until noon on the sixtieth (60th) day following the date on which this Agreement is executed (such time being the “Closing Date”) to close the purchase of the Property. Title to the Property shall transfer at the time of closing. At the closing, the Seller shall deliver to the Buyer a Limited Warranty Deed to the Property conveying good, insurable, and marketable title to the Property (as defined in paragraph 5), and all of Seller’s interest in mineral and sub-surface rights (if any), with the hereditaments and appurtenances, to the Buyer and its assigns, in fee simple. 9. Taxes. All taxes and tax assessments 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. All real estate taxes for 2019 will be prorated as of the date of closing. If, as of the closing date, the Seller has already paid the 2019 real estate taxes, then Buyer agrees to pay Seller at closing an amount equal to (a) such Seller-paid taxes multiplied by (b) a fraction, (i) the denominator of which shall be 365, and (ii) the numerator of which shall be the number of days remaining in the 2019 calendar year as of the date of closing. The parties acknowledge that the conveyance of the Property to Buyer is exempt from the requirement to pay any documentary revenue stamp tax or transfer, conveyance or recordation taxes under O.C.G.A. § 48-6-2(a)(3). 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 a demand for the return of the Earnest Money is made by Buyer prior to the Closing Date because loss or damage occurred to the Property prior to closing by reasons other than Buyer’s Due Diligence, the Buyer may, without liability, terminate the Agreement and receive a full refund of the Earnest Money, without interest, or it alternatively may 5 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. 11. Right of Entry. Except as provided in paragraph 4 above, the Buyer has no right of entry upon the Property. 12. Preservation of Property. The Seller agrees that until the Closing Date, Seller shall not cause any material change to the character or use of the Property. In the event of such actions by Seller, the Buyer may, without liability, and prior to the Closing Date, refuse to accept the conveyance of title and receive a full refund of the Earnest Money, without interest. Alternatively, the Buyer may elect to accept conveyance of title to the Property at the closing. 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 time), 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. 15. Final Agreement. This Agreement terminates and supersedes all 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 shall not be 6 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 be held invalid for any reason. 17. Governing Law. This Agreement 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.C.G.A. § 50-14-1 et seq.) and the Georgia Open Records Act (O.C.G.A. § 50- 18-70 et seq.). 18. Broker or Agent and Other Expenses. Each party’s respective broker or agent fees, and all other expenses incurred by them in relation to this transaction shall be borne exclusively by that party. 19. Additional Contingencies. Concurrently with this transaction, Buyer is also under contract to acquire a separate parcel abutting the Property which is otherwise known as Fulton County Tax Parcel 22 446009590380 which parcel is owned by Bolivar Aviles-Alfaro, Jr., Trustee under the Bolivar Aviles-Alfaro, Jr. Trust Agreement executed August 2, 1996; Ana Maria Aviles McCaa, Trustee under the Ana Maria Aviles McCaa Trust Agreement executed February 7, 2000; and Esmeralda Aviles Wells, individually, as tenants in common. Buyer’s obligation to acquire the Property is contingent on Buyer successfully closing its acquisition of this abutting parcel. Additionally, in the event the parties agree to an extension of the due diligence period for, or an extension of the date to close the purchase and sale of, this abutting parcel, Seller herein agrees to likewise extend the Buyer’s Due Diligence period or the date to close the purchase and sale of the Property (as applicable), so that all parcels being acquired by Buyer may be closed simultaneously. 7 20. Due Authority. Each party represents and warrants to the other that they and their signatories are duly authorized to enter into this Agreement and that all requisite legal procedures necessary to effect the transaction contemplated by this Agreement have been followed. 21. Brokerage Disclosure. Seller (James R. Wells) is a licensed real estate broker in the state of Georgia, acting as principal in the sale of the Property. [Signature Page Follows] 8 IN WITNESS WHEREOF, the parties have executed this AGREEMENT FOR SALE OF REALTY as of the day and year first above written. SELLER: SIGNED, SEALED, AND DELIVERED in the presence of: _____________________________ Witness _____________________________ Notary Public [NOTARY SEAL] My Commission Expires:_________ _____________________________ JAMES R. WELLS SIGNED, SEALED, AND DELIVERED in the presence of: _____________________________ Witness _____________________________ Notary Public [NOTARY SEAL] My Commission Expires:_________ BUYER: CITY OF MILTON, GEORGIA By: _____________________________ Joe Lockwood, Mayor [CITY SEAL] No Text S I 1 O' v N, e �N No Text W9, 0 a , EXHIBIT Y v No Text