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HomeMy WebLinkAboutAgenda Packet CC - 02/06/2017 - City Council Meeting Agenda Packet Joe Lockwood, Mayor CITY COUNCIL Karen Thurman Matt Kunz Bill Lusk Burt Hewitt Joe Longoria Rick Mohrig CITY COUNCIL CHAMBERS City Hall, Suite 107E Monday, February 6, 2017 Regular Council Meeting Agenda 6:00 PM INVOCATION - Reverend Monsignor Peter J. Rau, Pastor St. Peter Chanel Catholic Church - Roswell, GA CALL TO ORDER 1) ROLL CALL 2) PLEDGE OF ALLEGIANCE (Led by Mayor Joe Lockwood) 3) APPROVAL OF MEETING AGENDA (Add or remove items from the agenda) (Agenda Item No. 17-035) 4) PUBLIC COMMENT MILTON CITY COUNCIL REGULAR COUNCIL MEETING FEBRUARY 6, 2017 Page 2 of 4 Persons needing special accommodations in order to participate in any City meeting should call 678-242-2500. 5) CONSENT AGENDA 1. Approval of the following Subdivision Plat: Name of Development / Location Action Comments / # lots Total Acres Density 1. Lucille F. Martin LL 692, 693, 748, & 749 Hopewell Road Minor Plat Create 2 Lots 4.540 .44 Lots / acre (Agenda Item No. 17-036) (Kathleen Field, Community Development Director) 2. Approval of a Professional Services Agreement between the City of Milton and Frontline Surveying and Mapping, Inc. for an Update Boundary and Topographic Survey of the City Property Located at 13690 Alpharetta Highway. (Agenda Item No. 17-037) (Carter Lucas, Assistant City Manager) 3. Approval of a Construction Services Agreement between the City of Milton and Ruppert Landscape, Inc. to Install a 24’ Patti Faye Deodar Cedar at the Broadwell Pavilion. (Agenda Item No. 17-038) (Carter Lucas, Assistant City Manager) 6) REPORTS AND PRESENTATIONS 1. Presentation regarding the Installation of Small Cell Infrastructure with the Public Right of Way in the City of Milton. (Brandy Crawford, Mobilitie, LLC) 7) FIRST PRESENTATION 1. Consideration of RZ17-01 – Text Amendment to AG-1 (Agricultural) District, Development Standards in Section 64-416 of Chapter 64 of the Zoning Ordinance. (Agenda Item No. 17-039) (Kathleen Field, Community Development Director) MILTON CITY COUNCIL REGULAR COUNCIL MEETING FEBRUARY 6, 2017 Page 3 of 4 Persons needing special accommodations in order to participate in any City meeting should call 678-242-2500. 8) PUBLIC HEARING 1. Consideration of A Resolution of the City of Milton, Georgia Extending Through May 2, 2017, An Existing Moratorium Barring the Acceptance of Applications for Permits Authorizing the Use of Community Sewerage Disposal Systems. (Agenda Item No. 17-040) (Ken Jarrard, City Attorney) 9) ZONING AGENDA (None) 10) UNFINISHED BUSINESS (None) 11) NEW BUSINESS 1. Consideration of A Resolution of the City of Milton, Georgia Extending Through May 2, 2017, An Existing Moratorium Barring the Acceptance of Applications for Permits Authorizing the Use of Community Sewerage Disposal Systems. (Agenda Item No. 17-040) (Public Hearing Held at February 6, 2017 Regular City Council Meeting) (Ken Jarrard, City Attorney) 2. Consideration of the following Subdivision Plat: Name of Development / Location Action Comments / # lots Total Acres Density 1. Woodwinds at New Providence - Phase II LL 850, 851, 878, & 879 New Providence Road Final Plat Create 23 Lots 34.262 .67 Lots / acre (Agenda Item No. 17-041) (Kathleen Field, Community Development Director) 3. Consideration of a Resolution Appointing a Member to the City of Milton Cultural Arts Committee by Appointing a Member At Large. (Agenda Item No. 17-042) (Mayor Joe Lockwood) MILTON CITY COUNCIL REGULAR COUNCIL MEETING FEBRUARY 6, 2017 Page 4 of 4 Persons needing special accommodations in order to participate in any City meeting should call 678-242-2500. 12) MAYOR AND COUNCIL REPORTS 13) STAFF REPORTS Department Updates 1. Public Works 2. Fire 3. Parks & Recreation 14) EXECUTIVE SESSION (if needed) 15) ADJOURNMENT (Agenda Item No. 17-043) HOME OF'THE BEST QUALITY OF LIFE IN GEORGIA' MILTON*k ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council FROM: Steven Krokoff DATE: �slqnuary 31, 2017 City Manager AGENDA ITEM: Approval of the following Subdivision Plat (CONSENT): Name of Development / Action Comments / Total Location # lots Acres Density 1. Lucille F. Martin LL 692, 693, 748, & 749 Minor Plat Create 2 Lots 4.540 .44 Lots / acre Hopewell Road MEETING DATE: Monday, February 6, 2017 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (yAPPROVED () NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: () YES (^Q CITY ATTORNEY REVIEW REQUIRED: () YES (, j'NO APPROVAL BY CITY ATTORNEY. () APPROVED (/ NOT APPROVED PLACED ON AGENDA FOR: 040gzw,) REMARKS: ©y Yau(M PHONE: 678.242.25001 FAX: 678.242.2499 Green -v 13000 D orfield ga.usParkway, ,Suite 1 ol1 Milton G waoW Communitye�ei ,r 13000 Deerfield Parkway, Suite 107 I Milton GA 3004 � -E ";�. — , , , c To: Honorable Mayor and City Council Members From: Kathleen Field, Community Development Director Date: Submitted on January 26, 2017 for the February 6, 2016 Regular Council Meeting Agenda Item: Approval of Subdivision Plats and Revisions Approval ____________________________________________________________________________ Department Recommendation: To approve the subdivision related plats and revisions as stated below. Executive Summary: The Milton Subdivision Regulations require that the Mayor and City Council approve all Final Plats, final Plat Re-recording, Revisions and Minor Plats once the matter has been reviewed and certified by the Community Development Director in accordance with the Subdivision Regulations. Funding and Fiscal Impact: None. Alternatives: Do not approve. Legal Review: None – not required. Concurrent Review: Steven Krokoff, City Manager Attachment(s): Plat List, Location Map, Plats Consent Agenda Plats Staff Memo Page 2 of 6 Name of Development / Location Action Comments / # lots Total Acres Density 1. Lucille F. Martin LL 692, 693, 748, & 749 Hopewell Road Minor Plat Create 2 Lots 4.540 .44 Lots / acre Consent Agenda Plats Staff Memo Page 3 of 6 Consent Agenda Plats Staff Memo Page 4 of 6 Consent Agenda Plats Staff Memo Page 5 of 6 Consent Agenda Plats Staff Memo Page 6 of 6 I HOME OF'THE BEST QUALITY OF LIFE IN GEORGIA' MUTONt ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: February 1, 2017 FROM: Steven Krokoff, City Manager 'V AGENDA ITEM: Approval of a Professional Services Agreement between the City of Milton and Frontline Surveying and Mapping, Inc. for an Update Boundary and Topographic Survey of the City Property Located at 13690 Alpharetta Highway. MEETING DATE: Monday, February 6, 2017 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: (BYES (J NO CITY ATTORNEY REVIEW REQUIRED: 'LYES (/ NO APPROVAL BY CITY ATTORNEY. 'VAPPROVED PLACED ON AGENDA FOR: ol4a I w REMARKS: () NOT APPROVED 91 y YDu(M- PHONE: 678.242.25001 FAX: 678.242,2499 Green s "cwam* InfO@clfyofmllfonga.uslwww.cHyofmlNonga.us wi ute Communi 4o'w°r 13000 Deerfield Parkway. Suite 107 1 Milton GA 30004•*•<°.°°. 1.c To: Honorable Mayor and City Council Members From: Carter Lucas, PE, Assistant City Manager Date: Submitted on February 1, 2017 for the February 6, 2017 Regular Council Meeting Agenda Item: Approval of a Professional Services Agreement between the City of Milton and Frontline Surveying and Mapping, Inc. for an Update Boundary and Topographic Survey of the City Property Located at 13690 Alpharetta Highway ____________________________________________________________________________ Department Recommendation: Approval Executive Summary: This project is to provide an updated boundary and topographic survey of the city’s property located at 13690 Alpharetta Highway. After the initial boundary and topographic survey was completed the Fulton County School Board acquired a portion of the property to construct the rear entrance to Cambridge High School. This survey will update the original survey to include all improvements and modifications made to the property since the city acquired it in 2011. Funding and Fiscal Impact: Funding for this project is available in the capital improvement program account for the Police/Fire/Court Facility. Alternatives: None Legal Review: Sam VanVolkenburgh – Jarrard & Davis, LLP (January 17, 2017) Concurrent Review: Steve Krokoff, City Manager Attachment(s): Professional Services Agreement HOME OF 1 1F a:Si +UAi O^ l {- IN G ')8^IA' MILTON ESTABLISHED 2006 PROFESSIONAL SERVICES AGREEMENT Topological Survey Update —13690 Alpharetta Highway This Professional Services Agreement ("Agreement") is made and entered into this 194 day of JntkM 2011 (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, located at 13000 Deerfield Parkway, Suite 107F, Milton, Georgia 30004 (hereinafter referred to as the "City"), and Frontline Surveying and Mapping, Inc., a Georgia corporation, having its principal place of business at 812 Pine Manor, Marietta GA 30066-2658 (herein after referred to as the "Consultant"), collectively referred to herein as the "Parties." WITNESSETH: WHEREAS, City desires to retain a consultant to provide services in the completion of a Project (defined below); and WHEREAS, City has determined that because the Project requires updating an existing survey previously prepared by Consultant, it is appropriate to contract directly with Consultant pursuant to Section 2-626(b)(6) of the City's Purchasing Policy; and WHEREAS, Consultant 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 this Agreement; and 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: Section 1. 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" — Insurance Certificate Exhibit "C" — Contractor Affidavit Exhibit "D" — Subcontractor Affidavit In the event of any discrepancy in or among the terms of the Agreement and the Exhibits hereto, 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: update the City's existing Boundary As - Build Survey/Topographic Survey to current conditions at 13690 Alpharetta Highway (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, and the following supplemental description of services: Consultant shall provide its updated survey to the City in digital ACAD format as part of its "lump sum fee" services. Unless otherwise stated in this Agreement, 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. Section 3. Contract Term, Termination. Consultant understands that time is of the essence of this Agreement and warrants and represents that it will perform the Work in a prompt and timely manner, which shall not impose delays on the progress of the Work. The term of this Agreement ("Term") shall commence as of the Effective Date, and the Work shall be completed, and the Agreement shall terminate, on or before December 31, 2017 (provided that certain obligations will survive termination/expiration of this Agreement). City may terminate this Agreement for convenience at any time upon providing written notice thereof to Consultant. Provided that no damages are due to City for Consultant's breach of this Agreement, City shall pay Consultant for Work performed to date in accordance with Section 5 herein Section 4. Work Changes. Any changes to the Work requiring an increase in the Maximum 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 $3,000 (the "Maximum Contract Price"), except as outlined in Section 4 above, and Consultant represents that this amount is sufficient to perform all of the Work set forth in and contemplated by this Agreement. The compensation for Work performed shall be based upon a lump sum fee of $2,500 for the basic services set forth in Exhibit "A," plus any additional work or deliverables that the City may request in writing at the per-unit charges set forth in Exhibit "A." Consultant shall take no calculated risk in the performance of the Work. Specifically, Consultant agrees that, in the event it cannot perform the Work within the budgetary Iimitations established without disregarding sound principles of Consultant's profession and industry, Consultant will give written notice immediately to City. Notwithstanding anything to the contrary in Exhibit "A," no deposit will be required as a precondition of performing the Work. 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. No payments will be made for unauthorized work. 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 required by the Agreement or requested by City to process the invoice. Section 6. Covenants of Consultant. A. Licenses, Certification and Permits. 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. Consultant shall employ only persons duly qualified in the appropriate area of expertise to perform the Work described in this Agreement. B. Expertise of Consultant; Citv's Reliance on the Work Consultant acknowledges and agrees that City does not undertake to approve or pass upon matters of expertise of Consultant and that, therefore, City bears no responsibility for Consultant's Work performed under this Agreement. City will not, and need not, inquire into adequacy, fitness, suitability or correctness of Consultant's performance. Consultant acknowledges and agrees that the acceptance or approval of Work by City is limited to the function of determining whether there has been compliance with what is required to be produced under this Agreement and shall not relieve Consultant of the responsibility for adequacy, fitness, suitability, and correctness of Consultant's Work under professional and industry standards. C. 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. D. Consultant's Representative; Meetings. —flAG &S L L ir. [INSERT NAME] 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. Consultant 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 the City. E. 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 the City. F. Responsibility of Consultant and Indemnification of City. Consultant covenants and agrees to take and assume all responsibility for the Work rendered in connection with this Agreement. Consultant shall bear all losses and damages directly or indirectly resulting to it and/or City on account of the performance or character of the Work rendered pursuant to this Agreement. Consultant shall defend, indemnify and hold harmless City and City's elected and appointed officials, officers, boards, commissions, employees, representatives, consultants, servants, agents, attorneys and volunteers (individually an "Indemnified Party" and collectively "Indemnified Parties") from and against any and all claims, suits, actions, judgments, injuries, damages, losses, costs, expenses and liability of any kind whatsoever, including but not limited to attorney's fees and costs of defense ("Liabilities"), which may arise from or be the result of an alleged willful, negligent or tortious act or omission arising out of the Work, performance of contracted services, or operations by Consultant, any subcontractor, anyone directly or indirectly employed by Consultant or subcontractor or anyone for whose acts or omissions Consultant or subcontractor may be liable, regardless of whether or not the act or omission is caused in part by a party indemnified hereunder; provided that this indemnity obligation shall only apply to the extent Liabilities are caused by or result from the negligence, recklessness, or intentionally wrongful conduct of the Consultant or other persons employed or utilized by the Consultant in the performance of this Agreement. This 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. Notwithstanding any contrary provision of the preceding paragraph, Consultant's contractual (but not tort) liability in connection with services performed under this agreement shall be limited to the amount of earned fee and extend only to the client and to contractors and sub -contracts on the project should Frontline Surveying & Mapping, Inc. commit negligent acts, errors or omissions. Frontline Surveying & Mapping, Inc. will not be liable for any exemplary, punitive or consequential damages of any nature. G. 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. 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 and payment of consultants, agents or employees to complete the Work, including benefits and compliance with Social Security, withholding and all other regulations governing such matters. 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. 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. 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. H. Insurance. Consultant 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. Consultant 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, Consultant shall ensure that its insurer waives all rights of subrogation against the City for losses arising from Consultant's Work and that the City and its officials, employees or agents are named as additional insureds. I. 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 "C" and "D" (affidavits regarding compliance with the E -Verify program to be sworn under oath under criminal penalty of false swearing pursuant to O.C.G.A. § 16-10-71), that it and 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 "C", 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 (IBCA), 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 "D', 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. 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. 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.] [CHECK ONE] 500 or more employees. 100 or more employees. 7 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. J. 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. Consultant and City acknowledge that it is prohibited for any person to offer, give, or agree to give any City employee or official, or for any City employee or official to solicit, demand, accept, or agree to accept from another person, a gratuity of more than nominal value or rebate or an offer of employment in connection with any decision, approval, disapproval, recommendation, or preparation of any part of a program requirement or a purchase request, influencing the content of any specification or procurement standard, rendering of advice, investigation, auditing, or in any other advisory capacity in any proceeding or application, request for ruling, determination, claim or controversy, or other particular matter, pertaining to any program requirement or a contract or subcontract, or to any solicitation or proposal therefor. Consultant and City further acknowledge that it is prohibited for any payment, gratuity, or offer of employment to be made by or on behalf of a sub -consultant under a contract to the prime Consultant or higher tier sub -consultant, or any person associated therewith, as an inducement for the award of a subcontract or order. K. 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. L. 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. M. 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 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. 4 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 Iaw, 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. Section 7. Miscellaneous. A. Entire Agreement; Counterparts; Third Party Rights 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. 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. This Agreement shall be exclusively for the benefit of the Parties and shall not provide any third parties with any remedy, claim, liability, reimbursement, cause of action or other right. B. Governing Law; Business License; Proper Execution This Agreement shall be governed by and construed in accordance with the laws of the State of Georgia without regard to choice of law principles. Any action or suit related to this Agreement shall be brought in the Superior Court of Fulton County, Georgia, or the U.S. District Court for the Northern District of Georgia—Atlanta Division, and Consultant submits to the jurisdiction and venue of such court. During the Term of this Agreement, Consultant shall maintain a business license with the City, unless Consultant provides evidence that no such license is required. Consultant agrees that it will perform all Work in accordance with the standard of care and quality ordinarily expected of competent professionals and in compliance with all federal, state, and local laws, regulations, codes, ordinances, or orders applicable to the Project, including, but not limited to, any applicable records retention requirements and Georgia's Open Records Act (O.C.G.A. § 50-18-71, et seq.). C. Captions and Severability. All headings herein are intended for convenience and ease of reference purposes only and in no way define, limit or describe the scope or intent thereof, or of this Agreement, or in any way affect this Agreement. D. 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 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 first given above or at a substitute address previously furnished to the other Party by written notice in accordance herewith. E. Waiver; Sovereign Immunitv. No express or implied 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. 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. F. Agreement Construction and Interpretation; Invalidity of Provisions; Severability. Consultant represents that it has reviewed and become familiar with this Agreement and has notified City of any discrepancies, conflicts or errors herein. The Parties 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. Should any article(s) or section(s) of this Agreement, or any part thereof, later be deemed illegal, invalid or unenforceable by a court of competent jurisdiction, the offending portion of the Agreement should be severed, and the remainder of this Agreement shall remain in full force and effect to the extent possible as if this Agreement had been executed with the invalid portion hereof eliminated, it being the intention of the Parties that they would have executed the remaining portion of this Agreement without including any such part, parts, or portions that may for any reason be hereafter declared invalid. 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. IN WITNESS WHEREOF, City and Consultant have executed this Agreement, effective as of the Effective Date first above written. CONSULTANT:: Fine rveying and tng, Inc. Signature: Print Name: C ma 5 r • E1W ,� ( . Title: President/Vice President (Corporation) [CORPORATE SEAL] Attest/Witness: Signature: � W TERI Y WILLIAMS Notary Public, Georgia '•; *= Cherokee County Print Name: I ,��QS �Yp�`�`� My Commission Expires October 20,2020 Title: - .E% (Assistant) Corporate cretary (required if corporation) Attest: Signature: Print Name: _ Title: City Clerk Approved as to form: City Attorney CITY OF MILTON, GEORGIA By: Joe Lockwood, Mayor [CITY SEAL] Col EXHIBIT "A" CHI December 13, 2016 City of Milton 13000 Deerfield Pkwy, Suite 107G Milton, GA 30004 c/o Carter Lucas, PE 678-242-2499 Carter. lucas cityofmiltonga.us Re: Proposal Request 3595 Canton Road A-9, PMB 272 Marietta, GA. 30066 PH: 678-355-9905 Fax 678-355-9805 Thank you for the opportunity to provide a proposal for surveying services on your project. You will find a description of our proposed services along with our standard pricing schedule. Please sign and return one copy of this agreement to our office to indicate your 1-1 acceptance of the contract terms. Please note that a deposit is required in order to schedule work to be performed. I may be reached at 678-355-9905 if there are any questions regarding this proposal. Sincerely, Thomas E. Peay, Jr. RLS President Proiect Description 13690 Alpharetta Hwy LL:898 DIST:2 Fulton County Scope of Services Undate our eAsting Boundarv-As Built SurvevlToaographic Survey to current conditions: A boundary as -built survey will be performed on the site. The property and the adjoining property deeds will be researched at the courthouse for apparent easements, encroachments, or overlaps, which might affect the property. The survey will be based upon a field traverse having an error of closure better than P in 10,000', which complies with the laws of Georgia concerning boundary surveys for transfer of title to real property. A plat will be prepared showing bearings to the nearest second and distances to the nearest 0.01 - foot on all property lines. The acreage will be shown to the nearest one thousandth of an acre. All apparent easements, encroachments or overlaps will be noted. The survey will depict the location of all existing improvements on the site, which can include buildings, driveways, parking areas, utilities, storm drainage systems, sewer disposal systems, and any other visible man made features. The point of beginning will be shown to the fixed reference point such as the nearest street intersection or land lot line. Iron pins will be marked (found or placed) at all exterior property corners with flagging and stakes. LUMP SUM FEE: $2,500.00 Initial Material required from client in order to commence work In order to better serve the client and provide quality work, Frontline Surveying & Mapping, Inc. requires the following information in order to commence work n I Deposit j A 25% deposit is required to schedule work to be performed Ini ial Extra Services All authorized extra services will be billed at the firm's standard hourly rates which are attached. Services may result from changes in the Scope of Work, revisions that may cause additional field and/or office work Additional work will require authorization via a signed work order. Invoicinls Payment is due within thirty (30) days of the invoicing date regardless of any anticipated closing dates. All invoices over 30 days may be subject to additional fees. The agent signing this contract will be held responsible for payment. We will not bill a third party. Client agrees to pay all reasonable collection costs on unpaid balances past thirty days. Reimbursable Expenses All printing, courier, overnight and out-of-pocket expenses beyond costs outline in the scope of work will be considered reimbursable expenses and will be invoiced directly to the client, at 115% of the cost. Terms and Conditions The terms and conditions of the Agreement shall be binding upon the parties. GoverninLy Law The terms of this Agreement shall be construed and interpreted under and all respective rights and the duties of the parties shall be governed by the laws of the State of Georgia. Responsibility/Extent of Liability Liability in connection with services performed under this agreement shall be limited to the amount of earned fee and extend only to the client and to contractors and sub -contracts on the project should Frontline Surveying & Mapping, Inc, commit negligent acts, errors or omissions. Frontline Surveying & Mapping, Inc. will not be liable for any exemplary, punitive or consequential damages of any nature. It is understood that Frontline Surveying & Mapping, Inc. shall not be held liable or responsible to the Owner if delayed in or prevented from performing services specified herein, because of any cause or causes beyond control of Frontline Surveying & Mapping, Inc., and not due own fault of negligence including but not limited to, acts of God, inclement weather conditions, floods, fires, acts of the government, epidemics or failure of the Owner to fulfill any of its responsibilities. Frontline Surveying & Mapping, Inc. and Owner each binds himself and his partners, successors, executors, administrators, and assigns to the other party of this Agreement and to the partners, successors, executors, administrators, and assigns of such other party in respect to all covenants of this Agreement. Neither Frontline Surveying & Mapping, Inc. nor Owner will assign, sublet, or transfer any interest in the Agreement without the consent of the other. Nothing herein shall be construed as giving any rights or benefits hereunder to anyone other than Frontline Surveying & Mapping, Inc. and Owner. Termination of Agreement The owner or consultant may terminate this agreement upon seven (7) days written notice thereof should the other party fail substantially to perform in accordance with the terms of this agreement through no fault of the party initiating the termination. Upon termination, all work performed by the consultant shall be invoiced to the owner based on time spent for work performed in accordance with the attached hourly rate schedule. All completed plans will become the property of the owner. FRONTLINE SURVEYING & MAPPING, INC. Standard Hourly Rates Effective April 13, 2009 Principal (RLS) $68.00 per hour Project Manager $80.00 per hour Professional Engineer (PE) $85.00 per hour Project Engineer $48.00 per hour CAD Technician $45.00 per hour Two Man Survey Party $80.00 per hour Three Man Survey Party $95.00 per hour GPS Survey Crew $105.75 per hour Standard Printing & Reproduction Rates Prints Mvlar Size Rate (each) Rate (each) 18x24 $.75 $6.50 24x36 $1.50 $12.50 * Send invoices to: Billing address: City: State: Zip: Accounts Payable Contact: Phone: Email address: * All plats/completed jobs will be sent to the address listed here unless another address is specified. By signing below you agree to the terms and conditions of this contract and acknowledge that you are authorized to sign on its behalf. Name: Title: Date: EXHIBIT "B" [INSERT INSURANCE CERTIFICATE MEETING STANDARD (OR OTHERWISE APPROVED) REQUIREMENTS OF THE CITE' OF MILTON, GEORGIA] FRON501 OP ID: AKC CERTIFICATE OF LIABILITY INSURANCE D01/2ATE 51201'1'1'1'J 01 !2512017 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Phone: 770-428-1565 CO MEACT NA: Phyllis Earwood Worley, Schilling 8, Randall Fax: 770-426-8601 146 N. Fairground St, Marietta, GA 30060 Benjamin G. Worley PHONE FAX A1C No Ext): 678-819-5239 AJC, No): 678-604-8547 ADDRESS: ph 1115 wsrinsurance.com 07123/2016 07/23/2017 INSURERS) AFFORDING COVERAGE NAIC # INSURERA:Grange Mutual Casualty Co. 14060 MED EXP (Anyone person) $ 10,000 INSURED Frontline Surveying & Mapping PM B 272 3595 Canton Rd, Ste. 116 wsURERB:The Hartford 22357 INSURER C: GEN'L AGGREGATE LIMIT APPLIES PER. POLICY FRI PEQ Ll LOC Marietta, GA 30066 INSURER D : INSURER E: AUTOMOBILE X INSURER F : X COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: 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, LTR TYPE OF INSURANCE POLICY NUMBER MMIDD MMIDDMYM LIMITS A GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE Fx7 OCCUR X X CPP2292217 07123/2016 07/23/2017 EACH OCCURRENCE $ 1,000,00 PREMISES (Ea occurrence) $ 100,00 MED EXP (Anyone person) $ 10,000 PERSONAL & ADV INJURY $ 1,000,00 GENERAL AGGREGATE $ 2,000,00 GEN'L AGGREGATE LIMIT APPLIES PER. POLICY FRI PEQ Ll LOC PRODUCTS - COMPIOP AGG $ 2,000,00 $ A AUTOMOBILE X LIABILITY ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS NON -OWNED HIRED AUTOS AUTOS X X CPP2292217 07/23/2016 07/23/2017 COMBINED SINGLE (Ea accident) $ 1,000,00 BODILY INJURY (Per person) $ BODILY INJURY (Per accident $ ) PROPERTYDAPlAGE (Per accident) $ A X UMBRELLALIAB EXCESS LIAB X OCCUR CLAIMS -MADE X X CUP -2292218 07/23/2016 07/23/2017 EACH OCCURRENCE $ 1,000,00 AGGREGATE $ 1,000,00 DED I X I RETENTION $ 10000 $ B WORKERS COMPENSATONWC AND EMPLOYERS' LIABILITY Y 1 N ANY PROPRIETORIPARTNERIEXECUTIVE F-120WECPK6804 OFFICERIMEMBER EXCLUDED? (Mandatory In NH) If yes, describe under DESCRIPTION OF OPERATIONS below N i A 01/05/2017 01/05/2018 STATU- OTH- X TORY LIMITS ER E.L.EACH ACCIDENT $ 1,000,00 E.L. DISEASE - EA EMPLOYEE $ 1,000,00 E.L. DISEASE - POLICY LIMIT $ 1,000,00 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, N more space is required) City of Milton, Georgia, its officials, employees, or agents are inclued as additonal insureds in regards to the General & Auto Liabilty policies. A waiver of subrogationin favor of the additional insureds applies to the GL & Auto policies. Umbrella follows form. M I LT002 City of Milton, Georgia 13000 Deerfield Pkwy, Ste 107F Milton, GA 30004 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE O 1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010105) The ACORD name and logo are registered marks of ACORD STATE OF EXHIBIT "C" COUNTY OF CONTRACTOR AFFIDAVIT AND AGREEMENT By executing this affidavit, the undersigned contractor verifies its compliance with O.C.G.A. § 13-10-91, stating affirmatively that the individual, firm, or corporation which is engaged in the physical performance of services on behalf of the City of Milton, Georgia has registered with, is authorized to use and uses the federal work authorization program commonly known as E -Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91. Furthermore, the undersigned contractor will continue to use the federal work authorization program throughout the contract period and the undersigned contractor will contract for the physical performance of services in satisfaction of such contract only with subcontractors who present an affidavit to the contractor with the information required by O.C.G.A. § 13-10-91(b). Contractor hereby attests that its federal work authorization user identification number and date of authorization are as follows: rJ Federal Work Authorization User Identification Number o$J i31oo� Date of Authorization Frontline Surveying and Mapping Inc Name of Contractor Topological Survey Update — 13690 Alpharetta HighwaX Name of Project City of Milton Georgi Name of Public Employer I hereby declare under penalty of perjury that the foregoing is true and correct. Executed on J 2011 in (city),<, (state). Siv4I 4f-9 rize icer or Agent f1Dms E. ped- JY. -R-esi&A4' IC -6D Printed Name and Titre of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE AY OF , 20 NOTARY P LICq� tai ILLIAg5 Georgia Cherokee County �Eo�P�c My Commission Expires October 20, 2020 My Commission Expires: EXHIBIT "D" STATE OF COUNTY OF SUBCONTRACTOR AFFIDAVIT 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 Frontline Surveying and Mapping 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 Name of Subcontractor Topological Survey Update —13690 Alpharetta Highway 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 , 20 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 - ,20 NOTARY PUBLIC [NOTARY SEAL] My Commission Expires: 0 HOME OF'THE BEST QUALITY OF LIFE IN LEO11 MILTON*k' ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: February 1, 2017 FROM: Steven Krokoff, City Manager 0) AGENDA ITEM: Approval of a Construction Services Agreement between the City of Milton and Ruppert Landscape, Inc. to Install a 24' Patti Faye Deodar Cedar at the Broadwell Pavilion. MEETING DATE: Monday, February 6, 2017 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: (11'ES () NO CITY ATTORNEY REVIEW REQUIRED: (1YES () NO APPROVAL BY CITY ATTORNEY. V APPROVED PLACED ON AGENDA FOR: 040(.1701-) REMARKS: () NOT APPROVED ©» Touam PHONE: 678.242.25001 FAX: 678.242.2499GF"eeri�• Infoililcityofmiltonga.us l w .eHyofnl%nga.us unnine Community 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 n«` To: Honorable Mayor and City Council Members From: Carter Lucas, PE, Assistant City Manager Date: Submitted on February 1, 2017 for the February 6, 2017 Regular Council Meeting Agenda Item: Approval of a Construction Services Agreement between the City of Milton and Ruppert Landscape, Inc. to Install a 24’ Patti Faye Deodar Cedar at the Broadwell Pavilion ____________________________________________________________________________ Department Recommendation: Approval Executive Summary: This project is to pick-up, deliver and install a 24’ Patti Faye Deodar Cedar tree that the city has selected at the Broadwell Pavilion. Funding and Fiscal Impact: Funding for this project is available in the Tree Recompense account. Alternatives: None Legal Review: Sam VanVolkenburgh – Jarrard & Davis, LLP (February 1, 2017) Concurrent Review: Steve Krokoff, City Manager Attachment(s): Construction Services Agreement HOME OF'TI•IE (JEST QUQ.IT Y OF LIFE IN GEORGIA' - M-IL I ESTA6LI51-IED 2006 CONSTRUCTION SERVICES AGREEMENT Tree Planting at the Broadwell Pavilion This Construction Services Agreement (the "Agreement") is made and entered into this 10 day of J'*, 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 13000 Deerfield Parkway, Suite 107F Milton, GA 30004 (hereinafter referred to as the "City"), and Ruppert Landscape, Inc., aMaryland corporation, having its principal place of business at 23601 Laytonsville Road, Laytonsville, MD 20882 (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 Proj ect (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 '-IV E. City of Milton Code of Ethics (codified in the official Code of the City of Milton). In the event of any discrepancy among the terms of the various Contract Documents, the provision most beneficial to the City, as determined by the City hi its sole discretion, shall govern. Section Z. The Work: A general description of the Project is as follows: Installation of a 24', Patti Faye Deodar Cedar tree, purchased separately by the City, to include pick-up and delivery of the tree, fertilizer, staking, initial watering and mulch. Contractor will provide two follow-up inspections at six month intervals and a one-year warranty as set forth in "Exhibit A." The installation of the tree will occur on February 17, 2017 at a time to be set by the City. 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 All, 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: This Agreement will begin on the Effective Date and terminate upon final payment for the Work, provided that certain provisions of this Agreement, including the indemnification and warranty provisions, shall survive 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, allowing Work to be completed on schedule. The City may terminate this Agreement for convenience at any time upon providing written notice thereof to Contractor. Provided that no damages are due to the City for Contractor's breach of this. Agreement, the City shall. pay Contractor for Work performed to date in accordance with Section 5 herein. Section 4. Work Changes: Any changes to the Work requiring an increase in the Contract Price (defined below) shall require a written change order executed by the City in accordance with its purchasing regulations. Section 5. Compensation and Method of Payment: The total amount paid under this Agreement as compensation for Work performed and reimbursement for costs incurred shall not, in any case, exceed $4,680.00 ("Contract Price"), except as outlined in Section 4 above. The compensation for Work performed shall be 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 upon the City's certification that the Work was actually performed in accordance with this Agreement. No payments will be made for unauthorized work. Compensation for Work performed shall be paid to Contractor upon the City's receipt and approval of invoices setting forth.in detail the Work performed, along with all supporting documents required by the Contract Documents or requested by the City to process the invoice. Each invoice shall be accompanied by an Interim Waiver and Release upon Payment (or a Waiver and Release upon Final Payment, as appropriate) procured by the Contractor from all subcontractors (if any) in accordance with O.C.G.A. § 44-14- 366. Section 6. Covenants of Contractor: A. Ethics Code, Conflict of Interest. Contractor agrees that it shall not engage in any activity or conduct that would result in a violation of the City of Milton Code of Ethics or any. other similar law or regulation. Contractor certifies that to the best of its knowledge no circumstances exist which will cause a conflict of interest in performing the services required by this Agreement. Contractor and the City acknowledge that it is prohibited for any person to offer, give, or agree to give any City employee or official, or for any City employee or official to solicit, demand, accept, or agree to accept from another person, a gratuity of more than nominal value or rebate or an offer of employment in connection with any decision, approval, disapproval, recommendation, or preparation of any part of a program requirement or a purchase request, influencing the content of any specification or procurement standard, rendering of advice, investigation, auditing, or in any other advisory capacity in any proceeding or application, request for ruling, determination, claim or controversy, or other particular matter, pertaining to any program requirement or a contract or subcontract, or to any solicitation or proposal therefor. The Contractor and the City further acknowledge that it is prohibited for any payment, gratuity, or offer of employment to be made by or on behalf of a sub - consultant under a contract to the prime Contractor or higher tier sub -consultant, or any person associated therewith, as an inducement for the award of a subcontract or order: B. Expertise of Contractor: Cites Reliance on the Work. The Contractor acknowledges and agrees that the City does not undertake to approve or pass upon hatters of expertise of the Contractor and that, therefore, the City bears no responsibility for Contractor's Work performed under this Agreement. The City will not, and need not, inquire into adequacy, fitness, suitability or correctness of Contractor's performance. The Contractor acknowledges and agrees that the acceptance or approval of any Work by the City is limited to the function of determining whether there has been compliance with what is required to be produced under this Agreement and shall not relieve Contractor of the responsibility for adequacy, fitness, suitability, and correctness of Contractor's Work under professional and industry standards. C. Contractor's Reliance on Submissions by the City. Contractor must have timely information and input from the City in order to perform the Work required under this Agreement. Contractor is entitled to rely upon information provided by the City, but Contractor shall be required to provide immediate written notice to the City if Contractor knows or reasonably should know that any information provided by the City is erroneous, inconsistent, or otherwise problematic. D. Contractor's Representative; Meetings. �{'I%�Z� ,�A/U4,Z- 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 willfu til, 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. Assizmment 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 -Vere Affidavit. Pursuant to O.C.G.A. § 13-10-91, the City shall not enter into a contract for the physical performance of services unless: (1) the Contractor shall provide evidence on City -provided forms, attached hereto as "Exhibits "C" and "D" (affidavits to be swoni under oath under criminal penalty of false swearing pursuant to O.C.G.A. § 16-10-71), that ----------- - ---- --- --- --- Co�lstructioJ.r-Seiviees.Agzcc;ncnt-1-Ver-si it and its subcontractors have registered with, are authorized to use and use the federal work authorization program commonly lu own 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 (IBCA), P.L. 99-603, O.C.G.A. § 13-10-91 and Georgia Department of Labor Rule 300-10-1-.02. In the event the Contractor contracts with any subcontractor(s) in connection with the covered contract, the Contractor agrees to secure from such subcontractor(s) attestation of the subcontractor's compliance with O.C.G.A. § 13-10-91 and Rule 300-10-1-.02 by the subcontractor's execution of the subcontractor affidavit, the form of which is attached hereto as "Exhibit D", which subcontractor affidavit shall become part of the contractor/subcontractor agreement, or evidence that the subcontractor is not required to provide such an affidavit because it is licensed and in good standing as noted in subsection (2) above. If a subcontractor affidavit is obtained, Contractor agrees to provide a completed copy to the City within five (5) business days of receipt. The Contractor and Contractor's subcontractors shall retain all documents and records of their respective verification process for a period of five (5) years following completion of -the contract. . Contractor agrees that the employee -number category designated below is applicable to the Contractor. [Information only required if a contrac r affidavit is required pursuant to O.C.G.A. § 13-10-91.1 [CHECK ONE] 500 or more employees. 100 or more employees. Fewer than 100 employees. Contractor hereby agrees that, in the event Contractor employs or contracts with any subcontractor(s) in connection with this Agreement and where the subcontractor is required to provide an affidavit pursuant to O.C.G.A. § 13-10-91, the Contractor will secure from the subcontractor(s) such subcontractor(s') indication of the above employee -number category that is applicable to the subcontractor. The above requirements shall be in addition to the requirements of State and federal law, and shall be construed to be in conformity with those laws. J. Confidentiality. Contractor acknowledges that it may receive confidential information of the City and that it will protect the confidentiality of any such confidential information and will require any of its subcontractors, contractors, and/or staff to likewise protect such confidential information. K. Licenses. Certifications and Permits. Contractor covenants and declares that it has obtained and will maintain all diplomas, certificates, licenses, permits, or the like required of the Contractor by any and all national, state, regional, county or local boards, agencies, commissions, committees or other regulatory bodies in order to perform the Work. The Contractor shall secure and pay for the building permit and other permits and governmental fees, licenses and inspections necessary or customarily secured for proper execution and completion of the Work. L. Authority to Contract. The individual executing this Agreement on behalf of Contractor covenants and declares that it has obtained all necessary approvals of its board of directors, stockholders, general partners, limited partners, or similar authorities to simultaneously execute and bind Contractor to the terms of this Agreement, if applicable. M. Ownership of Work. All reports, designs, drawings, plans, specifications, schedules, work product, and other materials, including those in electronic form, prepared or in the process of being prepared for the Work ("Materials") shall be the property of the City, and the City shall be entitled to full access and copies of all such Materials in the form prescribed by the City. Any and all copyrightable subject matter in all Materials is hereby assigned to the City, and the Contractor agrees to execute any additional documents that may be necessary to evidence such assignment. N. Nondiscrimination. In accordance with Title VI of the Civil Rights Act 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. Section 7. Final Proiect Documents; Warranty: Prior to final payment, Contractor shall deliver to City copies of any as -built drawings, operations, and maintenance manuals, and any other pertinent documents relating to the Work that is not otherwise in the possession of the City. If the tree dies or fails to thrive, Contractor shall replace the tree at no cost to the City within one (1) year from the date of completion, in accordance with the provisions of the warranty set forth in "Exhibit A." Section S. 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 subj ect matter of this Agreement. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original, but all of which together shall constitute one and the same instrument. This Agreement shall be exclusively for the benefit of the Parties and shall not provide any third parties with any remedy, claim, liability, reimbursement, cause of action or other right. B. Governing Law,• Business License; Proper Execution. This Agreement shall be governed by and construed in accordance with the laws of the State of Georgia without regard to choice of law principles. Any action or suit related to this Agreement shall be brought in the Superior Court of Fulton County, Georgia or the U.S. District Court for the Northern District of Georgia— Atlanta Division, and Contractor submits to the jurisdiction and venue of such court. During the Term of this Agreement, Contractor shall maintain a business license with the City, unless Contractor provides evidence that no such license is required. Contractor agrees that it will perform its services in accordance with the usual and customary standards of the Contractor's profession or business and in compliance with all applicable federal, state, and local laws, regulations, codes, ordinances, or orders applicable to the Project, including, but not limited to, O.C.G.A. § 50-5-63, any applicable records retention requirements, and 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 mailed by certified mail, postage prepaid, return receipt requested, or (3) upon actual delivery when sent via national overnight commercial carrier to the Party at the addresses first given above or at a substitute address previously furnished to the other Party by written notice in accordance herewith. D. Waiver; Sovereign Immunity. No express or implied waiver shall affect any term or condition other than the one specified in such waiver, and that one only to the extent specifically stated. Nothing contained in this Agreement shall be construed to be a waiver of the City's sovereign immunity or any individual's qualified good faith or official immunities. E. Agreement Construction and Interpretation Invalidity of Provisions; Severability. Contractor represents that it has reviewed and become familiar with the Contract Documents, the nature and extent of the Work, work site(s), locality, and all local conditions, laws and regulations that in any manner may affect cost, progress, performance, or furnishing of the Work. Contractor represents that it has given the City written notice of all conflicts, errors, or discrepancies that the Contractor.has discovered in the Contract Documents, and the written resolution thereof by the City is acceptable to the Contractor. The Parties hereto agree that, if an ambiguity or question of intent or interpretation arises, this Agreement is to be construed as if the Parties had drafted it jointly, as opposed to being construed against a Parry 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 ---------- --------- — - -- -- - - CZ�7.1S111Tct]o11-SzrvicLs `�reeme1 .1 'ersion-l:.&:7 article(s) or section(s) of this Agreement, or any part thereof, later be deemed illegal, invalid or unenforceable by a court of competent jurisdiction, the offending portion of the Agreement should be severed, and the remainder of this Agreement shall remain -in full force and effect to the extent possible as if this Agreement had been executed with the invalid portion hereof eliminated, it being the intention of the Parties that they would have executed the remaining portion of this Agreement without including any such part, parts, or portions that may for any reason be hereafter declared invalid. IN WITNESS WHEREOF, the City and the Contractor have executed this Agreement effective as of the Effective Date first above written. CONTRACTOR: Ruppert Landscape, Inc. /� By: SL��/OY1L�f� Its:j'� •LS . [CORPORATE SEAL]tee. t F a .4 vi l Y Attest/Witness: Its: CITY OF MILTON, GEORGIA Signature: Joe Lockwood, Mayor [CITY SEAL] Attest: By: - Its: City Clerk Approved as to form: City Attorney “EXHIBIT A” wRUPPE., "Iti" a r f 1:, i, P'7- Wednesday, '7 Wednesday, January 18, 2017 Milton 1300 Deerfield Parkway Suite 107A Milton, GA 30004 Property: 12615 Broadwell Rd. Project: Deodar Cedar Install Attn: Mark Ruppert Landscape proposes to furnish all labor, tools, materials, equipment and - insurance necessary to perform the following Landscape Enhancements at the above referenced property. Specifically, the scope of work shall be described herein: • Install 24' B&B Deodar Cedar `Patti Faye'. Tree has already been purchased by Milton. We will need to rent a Lull to move this large tree. Price includes: fertilizer, staking, initial watering, and mulch. Also includes twofollow up inspections at.6. month intervals. • Supplemental watering will need to be done by others for Ruppert to honor a one year warranty. • Date of install is Arbor Day February 171h. TOTAL COST: $4,680.00 4425 Lilbum Industrial Way ■ Lilburn, GA 30047 770 9319900 ■ Fax 770 9319006 ■ www.ruppertlandscape.com 2 LIMITED WARRANTY: Ruppert Landscape will not be liable for loss or damage to plant material caused by persons not employed by our company or by extreme acts of nature including but not limited to fire, flood, hurricane or tornado. Upon installation, all woody plant material is under a limited warranty for twelve months only if the plant material is irrigated by an in -ground sprinkler system installed, evaluated, or modified by Ruppert Landscape that operates by a functioning digital controller. Plant material that dies within this period must undergo inspection so that the loss may be determined. If it is determined that the plant material has died due to mechanical damage, acts of nature, owner neglect or improper watering; our warranty is void. Warranted plant material will be replaced only once at the end of the 12 month period from the date of installation. Replacement plant material carries no warranty. Plant material will not be warranted in the event of a government. enacted water ban, if such ban materially reduces the irrigation provided to the plant -material. Client/Ownerwill be responsible for locating and flagging any on site waterline, electrical, irrigation lines, etc. that are not required to be identified by utilities under the Georgia Utility Facility Protection Act ("Act"). Any repairs needed to such Items shall be the owner's responsibility if the flags are not within 18" from damage or within the first 18" of depth. Ruppert Landscape shall notify the Georgia Utilities Protection Center and otherwise comply with all duties of an excavator under the Act. Payment shall be requisitioned upon completion and will be due, in full, within fifteen (15) days. Due to the availability of certain plant material, this proposal shall only be valid for thirty (30) days. Following thirty (30) days the price for this proposal will need to be evaluated. If this proposal meets with your approval, please sign and return one copy. If I may be of further service, please contact me at 770-931-9900 or 404-569-45.16. Sincerely, Stephen DeWeese Area Manager Ruppert Landscape, Inc. Client: Name: Title: Acceptance of Proposal 4425 Lilburn Industrial Way w Lilburn, GA 30047 770 9319900 ■ Fax 770 9319006 s www'.ruppertlandscape.com -- “EXHIBIT B” The ACORD name and logo are registered marks of ACORD CERTIFICATE HOLDER © 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) AUTHORIZED REPRESENTATIVE CANCELLATION DATE (MM/DD/YYYY)CERTIFICATE OF LIABILITY INSURANCE LOCJECTPRO-POLICY GEN'L AGGREGATE LIMIT APPLIES PER: OCCURCLAIMS-MADE COMMERCIAL GENERAL LIABILITY PREMISES (Ea occurrence)$DAMAGE TO RENTED EACH OCCURRENCE $ MED EXP (Any one person)$ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ PRODUCTS - COMP/OP AGG $ $RETENTIONDED CLAIMS-MADE OCCUR $ AGGREGATE $ EACH OCCURRENCE $UMBRELLA LIAB EXCESS LIAB DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) INSRLTR TYPE OF INSURANCE POLICY NUMBER POLICY EFF(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)LIMITS PERSTATUTE OTH-ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE E.L. DISEASE - POLICY LIMIT $ $ $ ANY PROPRIETOR/PARTNER/EXECUTIVE If yes, describe under DESCRIPTION OF OPERATIONS below (Mandatory in NH) OFFICER/MEMBER EXCLUDED? WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N AUTOMOBILE LIABILITY ANY AUTO OWNED SCHEDULED HIRED NON-OWNEDAUTOS ONLY AUTOS AUTOS ONLY AUTOS ONLY COMBINED SINGLE LIMIT BODILY INJURY (Per person) BODILY INJURY (Per accident) PROPERTY DAMAGE $ $ $ $ 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. INSD ADDL WVD SUBR N / A $ $ (Ea accident) (Per accident) OTHER: 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). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: INSURED PHONE(A/C, No, Ext): PRODUCER ADDRESS:E-MAIL FAX(A/C, No): CONTACTNAME: NAIC # INSURER A : INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : INSURER(S) AFFORDING COVERAGE SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 1/31/2017 Arthur J. Gallagher Risk Management Services, Inc. 11311 McCormick Road, Ste 450 Hunt Valley MD 21031-8622 Ruppert Landscape, Inc. 23601 Laytonsville Road Laytonsville, MD 20882 Travelers Property Casualty Co of A Hartford Fire Insurance Co Trumbull Insurance Company 25674 19682 27120 Certificate Center 443-798-7499 443-798-7290 certificates@thecrsteam.com 37729 436521216 B 30CS51801 4/1/2016 4/1/2017 1,000,000 1,000,000 50,000 1,000,000 2,000,000 2,000,000 X X X X B X X X 30CSES51802 4/1/2016 4/1/2017 1,000,000 A X X X 0 ZUP-41M0159A-16-NF 4/1/2016 4/1/2017 20,000,000 20,000,000 C N 30WNS51800 4/1/2016 4/1/2017 X 1,000,000 1,000,000 1,000,000 City of Milton, Georgia is named as additional insured for General Liability as required by written contract for Tree Planting at the Broadwell Pavilion. City of Milton, Georgia 13000 Deerfield Parkway Suite 107F Milton GA 30004 "EXHIBIT C" CONTRACTOR AFFIDAVIT AND AGREEMENT. under O.C.G.A. § 13-10-91(b)(1) STATE OF COUNTY OF By executing this affidavit, the undersigned contractor verifies its compliance with O.C.G.A. § 13-10-91, stating affirmatively that the individual, firm or corporation which is engaged in the physical performance of services on behalf of the City of Milton, Georgia, has registered with, is authorized to use and uses the federal work authorization program commonly known as E -Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91. 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: 360� .1 Federal Work Authorization User Identification Number R--3i-)o Date of Authorization Ruppert Landscape, Inc. Name of Contractor Tree Planting at the Broadwell Pavilion 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 Sr) , 2017 in L, /Lur_ (ci(state). Signature of Authorized Officer or Agent S.4Z" Deweex-f- /�tee me#- Printed- Name and Title of Authorized Opicer or ----- --------- ------ -- Agent SUBSCRIBED AND WORNBEFORE ME ON THIS THE DAY OF (.�nUQ�//J , 2)01--), . NOTARY PUBLIC My Commission Expires: 0 3 -/�-i 11 HOME OF 'THE BEST QUALITY OF LIFE I & MitTION't.ESIABLISHED2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: /F�eebbruary 2, 2017 FROM: Steven Krokoff, City Manager I V 1 AGENDA ITEM: Presentation regarding the Installation of Small Cell Infrastructure with the Public Right of Way in the City of Milton MEETING DATE: Monday, February 6, 2017 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: /XAPPROVED /) NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: (J YES („}AVO CITY ATTORNEY REVIEW REQUIRED: (/ YES (, AO APPROVAL BY CITY ATTORNEY: () APPROVED (/ NOT APPROVED PLACED ON AGENDA FOR: 61/6112011 REMARKS: M V Yauln PHONE: 678.242.25001 FAX: 678.242.2499 `Green S •mac asd; mss° iniofcifyofmlltonga.us l www.cllyofmlibnga.us ilig® Community 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 Milton, Georgia INFRASTRUCTURE INVESTMENT February 2017 2 About Mobilitie, LLC Indoor and outdoor neutral host Distributed Antenna Systems that provide improved coverage and capacity for all wireless carriers at large venues and in the most challenging locations across the country High-density Wi-Fi networks that provide ubiquitous internet access to all wireless enable mobile and fixed devices Indoor and outdoor Small Cell networks use Femtocell, Picocell, and Microcell technologies with combined radio heads to provide improved 3G, 4G, LTE, and Wi-Fi service to enterprises and real estate properties Multi-carrier communication towers that enable improved wireless service to carriers across their nationwide macro networks based on our industry leading Lease-to-Suit® model Our program allows wireless carriers to focus on their core business by having Mobilitie manage third party activity on tower sites Wireless and Wireline solutions that provide high data bandwidth connectivity to boost throughput and capacity of new and existing networks TRANSPORT CONNECTIVITY 3 Mobile data trends and demand drivers MOBILE DATA TRAFFIC (EB/MONTH) U.S. MOBILE DATA USAGE 650% INCREASE EXPECTANCY OF MOBILE DATA FROM 2014 TO 2018 56% OF MOBILE DATA IS VIDEO DATA CONSUMPTION 30 MILLION MB OF DATA ARE USED EVERY 5 MINUTES THROUGH MEDIA STREAMING 90% OF HOUSEHOLDS USE WIRELESS SERVICE 2.5 4.2 6.8 10.7 16.1 24.3 0 5 10 15 20 25 2014 2015 2016 2017 2018 2019 Smart phones generate 41x more data traffic Than the typical basic-feature cell phone 84% OF TODAY’S SHOPPERS USE THEIR SMARTPHONE TO HELP SHOP IN-STORE Source: Cisco VNI Mobile, 2016 4 Mobilitie designs, builds, owns and operates wireless infrastructure solutions to meet the needs of citizens, businesses and visitors by enabling connectivity. About The Effort Mobilitie is a CLEC in the State of Georgia.. Mobilitie is authorized to provide telecommunications services in all 50 states Infrastructure options include: •Utility poles •Light posts •Transport facilities Enhancing coverage in all 50 US states •Phased deployment of small cell sites •All small cell sites to be operational within 14-18 months Mobilitie to lead largest small cell deployment in US Mobilitie’s CLEC status 5 About Mobilitie Mobilitie is the nation’s largest privately held company that provides the infrastructure used to develop a nationwide transport network. What is a Transport Network? A transport network sends data from one location to another, and ultimately connects to data centers and the internet. The network is created using two types of poles: transport poles and small cells. Just as telephone or cable lines transmit data, so does Mobilitie’ s transport network. How will my community benefit from the Transport Network? Quick and Clean Installation: environmentally sensitive installation that reduces the reliance on extensive trenching and boring. Reduced need to excavate streets, sidewalks and yards. Creates market competition: cutting edge technology matches or exceeds existing fiber networks.Additional competition for existing internet and wifi providers helps consumers. Easily Adaptable and Upgradable System: hybrid networks are easier to upgrade as newer technologies are adopted. Creates connected communities: wireless aspects of the hybrid network extends the connectivity to outdoor uses and can bring high speed connectivity to underserved communities. Mobilitie, LLC –Regulatory Status O.C.G.A.§§46-2-58(d) and 50-13-17(a) states: Based upon the evidence, the Commission Staff finds that the Applicant has shown that it possesses satisfactory financial and technical capability pursuant to O.C.G.A. §46-5-163(h) in order to be granted an interim certificate, consistent with the Commissions guidelines in Docket No. 5778-U for the issuance of interim certificates of authority for the provision of local exchange telecommunications 7 Holistic network design Small Cell Transport Site UE Relay UE Relay MW MW UE Relay UE Relay Mobilitie Fiber Mobilitie Fiber Small Cell Small Cell Small Cell Small Cell Transport Site Transport Site Mobilitie Network Operations Center (network monitoring) Hosted Fiber Provider Internet Mobilitie Owned Customer Interface Commissioning & Integration CenterCustomer CORE Network Customer CORE Network Customer CORE Network 8 Design types 9 Connectivity Enables Economic Development Mobilitie’s infrastructure project will assist schools, universities, technical colleges, hospitals, and government offices by delivering high speed connectivity to institutions, businesses, and homes. It supports applications such as e-Commerce, e-Government, high-definition video, and social networking that require enormous amounts of bandwidth, and will help businesses to better compete in the global economy using the world-class connectivity. City of Milton 2012 to 2015 Strategic Plan •Work with various elements of the business community to identify how Milton government can improve or enhance its relationship with business or provide for a more effective business-friendly environment. •Work collaboratively with all county departments in the pursuit of effective economic development and to assess the natural, cultural, recreational, educational and man-made resources/infrastructure in the community that can foster or support economic development. •Provide initiatives to promote development of commercially zoned areas that are vacant in accordance with the Comprehensive Plan. Information from City of Milton Strategic Plan 10 Resolution 16-11 -401 •Adopted by the Mayor and City Council on November 21, 2016 •Granted Mobilitie use of right of ways within the City of Milton 11 Aesthetics : Height: 40 feet Material: Steel Color: Black 12 Site 7: Morris Road 13 City of Milton Build Out Plan 14 Locations 1.North Main Street near Winthrope Chase Drive* 2.King Road near Cox Road 3.Birmingham Highway near Tullamore Way* 4.Birmingham Highway near Birmingham Road* 5.Providence Road near Freemanville Road 6.Bethany Road near Cogburn Road 7.Morris Road near Deerfield Road *GDOT ROW THANK YOUWIRELESS COVERAGE SOLUTIONS Thank you 0 HOME OF'-�f?,F1" MILTON'S ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE�ruary 1, 2017 FROM: Steven Krokoff, City Manager AGENDA ITEM: RZ17-01 - Consideration to Amend the AG -1 (Ag(cultural)District, Development Standards in Section 64- 416 of Chapter 64 of the Zoning Ordinance. MEETING DATE: Monday, February 6, 2017 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: VAPPROVED NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: (.KYES () NO CITY ATTORNEY REVIEW REQUIRED: VYES () NO APPROVAL BY CITY ATTORNEY. (JAPPROVED (J NOT APPROVED PLACED ON AGENDA FOR: 61.f8611w) REMARKS: ©y Youn �, _ **� PHONE: 678.242.25001 FAX: 678.242.2499 'lif -ei .*, 6ig HY 9 I ty g w� uvE COmmunity ��'* ' 13000 olmiBon a.w www.ei 7 1 Milton � iePi1 �m 13000 Deerfield Partway. Suite 107 Milfon GA 30004 - - s Page 1 of 2 To: Honorable Mayor and City Council From: Kathleen Field, Community Development Director Date: January 31, 2017 prepared for the February 22, 2017 City Council Meeting. (First Presentation – February 6, 2017, Work Session – February 13, 2017) Re: RZ17-01 – Consideration to amend the AG-1 (Agricultural) District, Development Standards in Sec. 64-416 of Chapter 64 of the Zoning Ordinance. Department Recommendation: The Community Development Department recommends approval of the proposed text amendment. Executive Summary: Background The purpose of this text amendment is to clarify the language concerning the applicability of architectural review for minor and subdivision and single lots of record that are no longer subject to the requirements of the Rural Viewshed. Results of the January 25, 2017 Planning Commission Meeting The Planning Commission recommended approval as proposed by Staff, unanimously, 5-0. In addition, they believed that larger estate lots should be required to meet the Rural Viewshed requirements in addition to the architectural review. If this was the situation, it would assist in further preserving the overall viewshed in the City. Funding and Fiscal Impact: There will be no impact if this text amendment is approved. Alternatives: The Mayor and City Council may approve or deny the amendment as proposed and/or recommend further amendments to the text amendment discussed. Page 2 of 2 Legal Review: Paul Frickey - Jarrard & Davis (December, 2016) Attachment(s): RZ17-01 text amendment and ordinance. 2/2/20172/1/20171/31/2017 RZ17-01 - Text Amendment Prepared for the City of Milton Mayor and City Council Meeting on February 22, 2017. (First Presentation on February 6, 2017, Work Session on February 13, 2017) Page 1 of 3 DIVISION 2. - AG-1 AGRICULTURAL DISTRICT Sec. 64-416. - Development standards. (a) No building shall exceed 40 feet in height except for single family dwellings, see Sec. 64 -1141 (c). (b) Minimum front yard shall be 60 feet. (c) Minimum side yard shall be as follows: (1) Adjacent to interior line: 25 feet. (2) Adjacent to street: 40 feet. (d) Minimum rear yard shall be 50 feet. (e) Minimum lot area shall be as follows: (1) One acre with frontage on paved road. (2) Three acres with frontage on unpaved road. (f) Minimum lot width shall be 100 feet. (g) Minimum lot frontage shall be 35 feet adjoining a street. (h) Minimum heated floor area. There is no minimum heated floor area in this dis trict. (i) Minimum accessory structure requirements. Accessory structures may be located in rear or side yards but shall not be located within a minimum yard. (j) Entrances off of a public right-of-way for subdivisions with more than three lots shall be rural, simple and rustic in design. These entrances shall be subject to the approval of the city architect. These entrances shall comply with the following requirements: (1) Signage shall be one of the following designs: a. Shingle style b. Sign mounted in or on pillar i. Pillar shall not exceed eight (8) feet in height. (2) Walls: a. Knee walls may be utilized where required by existing topography and shall not exceed 20 linear feet on either side of the subdivision’s road entranc e. i. Knee walls shall be constructed of natural materials such as boulders, stacked stone, or wood formed brick or materials designed to give the appearance of such natural materials. Stucco is prohibited. (3) Gate or guard structures shall be setback a m inimum of 60 feet from the exterior street’s right of way. (4) No water features are permitted. 2/2/20172/1/20171/31/2017 RZ17-01 - Text Amendment Prepared for the City of Milton Mayor and City Council Meeting on February 22, 2017. (First Presentation on February 6, 2017, Work Session on February 13, 2017) Page 2 of 3 (k) Rural viewshed.- The following requirements of this subsection shall only apply to subdivisions with more than three lots. The requirements of this subsection except for Section 64-416(k)(4) shall not apply to a single lot of record or to subdivisions with three or less lots where no individual lot abuts an exterior street. (1) Provide a 40-foot primary rural viewshed setback from all proposed Milton Trail or sidewalk easements or proposed rights-of-way, whichever is more restrictive, along the exterior streets for buildings, accessory structures, and swimming pools for lots adjacent to exterior streets: a. No disturbance within the 40 foot primary rural viewshed setback shall be allowed until a design review process is completed and the design of the rural viewshed is approved by the design committee. b. Driveways accessing exterior streets shall be prohibited within the 40 -foot primary rural viewshed setback, except where they cross the rural viewshed in a perpendicular manner. c. Individual septic systems may be installed in the primary rural viewshed setback with an approved primary variance if the primary and secondary septic fields fail and the property may be condemned by the Fulton County Health Department without such variance. The property owner shall provide proof of such potential condemnation prior to the application for a primary variance. (2) Provide a 20-foot secondary rural viewshed s etback from the primary rural viewshed setback for buildings, accessory structures, and swimming pools for lots adjacent to exterior streets; a. Individual septic systems may be installed in the secondary rural viewshed setback with an approved primary variance. b. Driveways accessing exterior streets shall be prohibited within the 20 -foot secondary rural viewshed setback, except where they cross the rural viewshed in a perpendicular manner. c. No disturbance within the 20 foot secondary rural viewshed setb ack shall be allowed until a design review process is completed and the design of the rural viewshed is approved by the design committee. (3) The intent of the rural viewshed is to preserve the bucolic views from the roads throughout the Rural Milton Overlay. The views may contain natural vegetation as well as equestrian related structures and uses. It is the intent to utilize the existing vegetation when possible as well as provide additional native plantings to enhance the existing viewshed when needed. a. When performing a design review of the primary rural viewshed and secondary rural viewshed setbacks, the design committee shall address the following: i. Evaluation of current state of site including vegetation, both the primary and secondary rural viewshed setbacks; ii. Determination of whether existing vegetation should be removed or vegetation should be planted to enhance the rural viewshed; iii. Consideration of whether screening of the structures is necessary; and iv. Consideration of the existence of pastoral or agricultural operations in area. (4) For structures located on lots subject to a rural viewshed, an architectural review process is required. Such process will include a review of building elevations and landscape plans by the city architect. These structures shall be designed with 360 -degree architecture and shall meet the intent of section 64-1151; and 2/2/20172/1/20171/31/2017 RZ17-01 - Text Amendment Prepared for the City of Milton Mayor and City Council Meeting on February 22, 2017. (First Presentation on February 6, 2017, Work Session on February 13, 2017) Page 3 of 3 (5) After issuance of the necessary permits to disturb the property but before the required pre - construction meeting, the developer shall install a 4 foot high orange tree save fence at least at the combined primary rural viewshed and secondary rural viewshed setback measured from the proposed Milton Trail or sidewalk easement or the proposed right of way. The fence shall be installed so as to protect heritage trees, protected trees and specimen trees as defined in Chapter 60 of the City Code or any other significant vegetation as determined by the city arborist. Location of such fencing shall be approved by the city arborist. In addition, a sign shall be posted on the fence every 25 feet indicating “rural viewshed” Tree save fence shall be removed at such time as the issuance of a certificate of occupancy for each lot abutting the viewshed is issued.; (6) Notwithstanding anything to the contrary in this subsection, agricultural operations may occur in the primary rural viewshed and secondary rural viewshed setbacks. (7) Prior to the transfer of any legal interest in an AG-1 zoned parcel that is subject to a rural viewshed, every legal or beneficial owner of such a parcel shall ensure that there is recorded in the chain of title for the parcel an Affidavit stating the following: “At the time of the execution of this Affidavit, the property with respect t o which this Affidavit is filed is subject to certain restrictions contained in the City of Milton Zoning Ordinance, located in Chapter 64 of the Code of Ordinances of the City of Milton, Georgia. Such restrictions may include restrictions on development and disturbance of property located in the rural viewshed, which includes portions of property adjacent to streets not located within a platted subdivision.” In addition, a copy of the Affidavit must be provided to any transferee of a legal interest in the parcel no later than the final closing of the transfer. (l) Architectural Review of structures – The following requirements are for structures located on single lot of record or a subdivision with less than four lots that abut an exterior street. (1) An architectural review process is required shall include a review of building elevations and landscape plans by the city architect. (2) These structures shall be designed with 360-degree architecture and shall meet the intent of section 64-1151 STATE OF GEORGIA ORDINANCE____ COUNTY OF FULTON RZ17-01 AN ORDINANCE TO AMEND THE AG-1 (AGRICULTURAL) DISTRICT, DEVELOPMENT STANDARDS IN SEC. 64-416 OF THE ZONING ORDINANCE. BE IT ORDAINED by the City Council of the City of Milton, GA while in a regularly called council meeting on February 22, 2017 6:00 p.m. as follows: SECTION 1. That the amendment of the AG-1 District regarding architectural review in the Rural Viewshed in Chapter 64, Article VI, Division 2, in Sec. 64-416, Development Standards of the City of Milton Zoning Ordinance is hereby adopted and approved; and is attached hereto as if fully set forth herein, and; SECTION 2. All ordinances, parts of ordinances, or regulations in conflict herewith are repealed. SECTION 3. That this Ordinance shall become effective upon its adoption. ORDAINED this the 22nd day of February, 2017. ____________________________________ Joe Lockwood, Mayor Attest: ___________________________ Sudie AM Gordon, City Clerk NJ HOME OF'THE BEST QUALITY OF LIFE IN G ' N MILTOE5TABLISHED2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: January 31, 2017 FROM: Steven Krokoff, City Manage�V AGENDA ITEM: Consideration of A Resolution of the City of Milton, Georgia Extending Through May 2, 2017, An Existing Moratorium Barring the Acceptance of Applications for Permits Authorizing the Use of Community Sewerage Disposal Systems. MEETING DATE: Monday, February 6, 2017 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (.APPROVED NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: ( YES () NO CITY ATTORNEY REVIEW REQUIRED: (,YES (( NO APPROVAL BY CITY ATTORNEY: (,KAPPROVED PLACED ON AGENDA FOR: O1.100Zoo REMARKS: () NOT APPROVED © YFuID PHONE: 678.242.25001 FAX: 678.242.2499 'green *Cvugd* Infofeityofmilfongo.us I www.eltyofml0onga.us waoure COMmuni+ei' 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 Page 1 of 3 STATE OF GEORGIA RESOLUTION NO. COUNTY OF FULTON A RESOLUTION OF THE CITY OF MILTON, GEORGIA EXTENDING THROUGH MAY 2, 2017, AN EXISTING MORATORIUM BARRING THE ACCEPTANCE OF APPLICATIONS FOR PERMITS AUTHORIZING THE USE OF COMMUNITY SEWERAGE DISPOSAL SYSTEMS WHEREAS, Section 1.12, paragraphs (b)(4), (9), (13) and (15), of the Charter of the City of Milton, Georgia (“City”) empowers the City to regulate sanitary sewerage systems within the City limits; and WHEREAS, Section 50-184(b) of the Code of the City of Milton authorizes the use, in some cases, of a “community sewerage disposal system” when such systems are in compliance with the standards of Fulton County sewerage regulations; and WHEREAS, the City rules regarding community sewerage disposal systems are holdover regulations from ordinances implemented by Fulton County; and WHEREAS, the City has not prepared regulations or ordinances regarding community sewerage that are tailored to the City or that capture the unique character of the City; and WHEREAS, the City intends to consider amendments to Section 50-184 that will address those concerns expressed about community sewerage disposal systems and that otherwise will ensure the City’s community sewerage disposal regulations are in line with the Council’s vision and needs for the City; and WHEREAS, while the City is undergoing this review and re-drafting process, the City believes it both appropriate and lawful for a moratorium to be placed on any application, request, or proposal to develop, use, or construct a community sewerage disposal system within the jurisdictional boundary of the City; and WHEREAS, on April 11, 2016, pursuant to Resolution No. 16-04-370, the City Council imposed a 30-day moratorium barring, the acceptance of applications for permits, requests, or proposals for the use or construction of community sewerage disposal systems; and WHEREAS, on May 2, 2016, following a public hearing, the City Council passed Resolution No. 16-05-372, extending, until August 2, 2016, the moratorium barring the acceptance of applications for permits, requests, or proposals for the use or construction of community sewerage disposal systems; WHEREAS, on August 1, 2016, following a public hearing, the City Council passed Resolution No. 16-08-376, further extending, until October 2, 2016, the moratorium barring the acceptance of applications for permits, requests, or proposals for the use or construction of community sewerage disposal systems; Page 2 of 3 WHEREAS, on September 30, 2016, following a public hearing, the City Council passed Resolution No. 16-09-386, further extending, until February 7, 2017, the moratorium barring the acceptance of applications for permits, requests, or proposals for the use or construction of community sewerage disposal systems, and WHEREAS, the City Council ratified contracts with Dr. Robert Rubin and the University of Georgia Research Foundation, Inc. on January 30, 2017, to provide technical assistance and recommendations for the development of review guidelines for the use of community septic systems within the city; and WHEREAS, the product of these contracts is intended to be used by the City to develop the amendment to Section 50-184 contemplated above, but will not be ready before February 7, 2017; and WHEREAS, the Board conducted a properly noticed public hearing on February 6, 2017, to consider extending until May 2, 2017, the moratorium barring the acceptance of applications for permits, requests, or proposals for the use or construction of community sewerage disposal systems; and WHEREAS, the City finds that further extending until May 2, 2017, the moratorium barring the acceptance of applications for permits, requests, or proposals for the use or construction of community sewerage disposal systems to be reasonably necessary, the least restrictive means available, a reasonable exercise of the City’s police power, and in the best interests of the public health, safety, and welfare; NOW, THEREFORE IT IS HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF MILTON, GEORGIA THAT: 1. The City does hereby extend the existing moratorium barring the acceptance of applications for permits, requests, or proposals for the development, use or construction of community sewerage disposal systems until May 2, 2017, in order to consider the amendment of Section 50-184 of the Code of the City of Milton, Georgia. 2. The moratorium imposed by this Resolution shall terminate on the earliest date of (1) May 2, 2017; (2) approval by the City Council of an additional moratorium after a public hearing; (3) affirmative action of the Council cancelling the moratorium, or (4) the adoption of an amendment to Section 50-184 of the Code of the City of Milton, Georgia. 3. The moratorium imposed herein does not limit the ability of property owners to develop their land as currently zoned or permitted, except that no proposal, request, or application to develop, use, or construct a community sewerage disposal system shall be accepted. Page 3 of 3 4. This moratorium shall have no effect on any application, request, or proposal already pending with the City regarding a community sewerage disposal system. This Resolution shall be effective upon a majority vote by the City Council as ratified by the Mayor of the City of Milton, Georgia. SO RESOLVED, the public’s health, safety, and welfare demanding it, this ___ day of ______________, 2017. _____________________________ Joe Lockwood, Mayor Attest: ______________________________ Sudie AM Gordon, City Clerk HOME THE BEST QUALITY F LGEORGIA' MILTON*k ESABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City CouncilDATE:/�n)uary 31, 2017 FROM: Steven Krokoff, City Manager \p�/ AGENDA ITEM: Consideration of the following Subdivision Plat (New Business): Name of Development / Comments / Total Location Action It lots Acres Density 1. Woodwinds at New Providence -Phase II LL 850, 851, 878, & 879 Final Plat Create 23 Lots 34.262 .67 Lots / acre New Providence Road MEETING DATE: Monday, February 6, 2017 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (1APPROVED (J NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: /) YES („ KIO CITY ATTORNEY REVIEW REQUIRED: (/ YES („j• NO APPROVAL BY CITY ATTORNEY. () APPROVED 0 NOT APPROVED PLACED ON AGENDA FOR: oLI °Nta� ©y Tout PHONE: 678.242.25001 FAX: 678.242.2499 *Green' • *camnd; Info@eilyofMIItcnpc.uslwww.cByor 'lHonga.us i� COBfItlYfl' d 13000 Deerfeld Parkway, Suite 107 1 Milton GA 30004-=Ea*,,,.o :wo. �o.i To: Honorable Mayor and City Council Members From: Kathleen Field, Community Development Director Date: Submitted on January 26, 2017 for the February 6, 2017 Regular Council Meeting Agenda Item: Consideration of Subdivision Plat Approval ____________________________________________________________________________ Department Recommendation: To approve the subdivision related plats and revisions as stated below. Executive Summary: The Milton Subdivision Regulations require that the Mayor and City Council approve all Final Plats, final Plat Re-recording, Revisions and Minor Plats once the matter has been reviewed and certified by the Community Development Director in accordance with the Subdivision Regulations. Funding and Fiscal Impact: None. Alternatives: Do not approve. Legal Review: None – not required. Concurrent Review: Steven Krokoff, City Manager Attachment(s): Plat List, Location Map, Plats New Business Plats Staff Memo Page 2 of 7 Name of Development / Location Action Comments / # lots Total Acres Density 1. Woodwinds at New Providence - Phase II LL 850, 851, 878, & 879 New Providence Road Final Plat Create 23 Lots 34.262 .67 Lots / acre New Business Plats Staff Memo Page 3 of 7 New Business Plats Staff Memo Page 4 of 7 New Business Plats Staff Memo Page 5 of 7 New Business Plats Staff Memo Page 6 of 7 New Business Plats Staff Memo Page 7 of 7 HOME OF'THE BEST QUALIN OF LIO EOR MILT ESTABLISHED2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: February 2, 2017 FROM: Steven Krokoff, City Manager 0 AGENDA ITEM: Consideration of a Resolution Appointing a Member to the City of Milton Cultural Arts Committee by Appointing a Member At Large. MEETING DATE: Monday, February 6, 2017 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (J APPROVED NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: () YES j L"O CITY ATTORNEY REVIEW REQUIRED: O YES (ANO APPROVAL BY CITY ATTORNEY. () APPROVED (J NOT APPROVED PLACED ON AGENDA FOR: oa/aOM") REMARKS: W V You0 _ PHONE: 678.242.25001 FAX: 678.242.2499G�een'�cwga* *�!� Iniofcltyofmllfonga.us I w .agyo}mlHonga.us wi COMIBYiI' a'' 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 0� - __=*���E• •••• ¢. STATE OF GEORGIA COUNTY OF FULTON RESOLUTION NO. A RESOLUTION APPOINTING A MEMBER TO THE CITY OF MILTON CULTURAL ARTS COMMITTEE AT LARGE BE IT RESOLVED by the City Council of the City of Milton, Georgia while in regular session on the 6th day of February 2017 as follows: SECTION 1. That _______________ (At Large) is hereby appointed for a term commencing February 6, 2017 and ending on December 31, 2018 and, SECTION 3. That this Resolution shall become effective upon its adoption. RESOLVED this 6th day of February 2017. . Approved: ____________________________ Joe Lockwood, Mayor Attest: ___________________________ Sudie AM Gordon, City Clerk