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Agenda Packet CC - 05/15/2017 - City Council Meeting Agenda Packet
2006 HERITAGE WALK, MILTON, GA 30004 ǀ 678.242.2500 ǀ WWW.CITYOFMILTONGA.US Persons needing special accommodations in order to participate in any City meeting should call 678.242.2500. Joe Lockwood, Mayor CITY COUNCIL Karen Thurman Matt Kunz Bill Lusk Burt Hewitt Joe Longoria Rick Mohrig CITY COUNCIL CHAMBERS City Hall Monday, May 15, 2017 Regular Council Meeting Agenda 6:00 PM INVOCATION - Jason Howard, Stonecreek Church, Milton, Georgia CALL TO ORDER 1) ROLL CALL 2) PLEDGE OF ALLEGIANCE (Led by Mayor Joe Lockwood) 3) APPROVAL OF MEETING AGENDA (Add or remove items from the agenda) (Agenda Item No. 17-118) 4) PUBLIC COMMENT MILTON CITY COUNCIL REGULAR COUNCIL MEETING MAY 15, 2017 Page 2 of 5 Persons needing special accommodations in order to participate in any City meeting should call 678-242-2500. 5) CONSENT AGENDA 1. Approval of the April 24, 2017 Regular City Council Meeting Minutes. (Agenda Item No. 17-119) (Sudie Gordon, City Clerk) 2. Approval of the May 1, 2017 Regular City Council Meeting Minutes. (Agenda Item No. 17-120) (Sudie Gordon, City Clerk) 3. Approval of the Financial Statements and Investment Report for the Period Ending April 2017. (Agenda Item No. 17-121) (Bernadette Harvill, Finance Director) 4. Approval of a Work Order between the City of Milton and VC3, Inc. for New and Replacement Servers at City Hall. (Agenda Item No. 17-122) (David Frizzell, IT Manager) 5. Approval of the First Extension of the Intergovernmental Agreement for the Provision of Animal Control Services between the City of Milton and Fulton County. (Agenda Item No. 17-123) (Ken Jarrard, City Attorney) 6. Approval of a Construction Services Agreement for the Milton Downtown Wayfinding Signage Project between the City of Milton and CIB International, Inc. d/b/a CanAm Signs and Imaging. (Agenda Item No. 17-124) (Kathleen Field, Community Development Director) 7. Approval of a Resolution and Agreement for Transportation Enhancement Activities with the Georgia Department of Transportation and Authorizing Related Procurement Actions. (Agenda Item No. 17-125) (Carter Lucas, Assistant City Manager) 6) REPORTS AND PRESENTATIONS 1. Proclamation Recognizing Memorial Day 2017. (Bill Lusk, Councilmember) MILTON CITY COUNCIL REGULAR COUNCIL MEETING MAY 15, 2017 Page 3 of 5 Persons needing special accommodations in order to participate in any City meeting should call 678-242-2500. 7) FIRST PRESENTATION 1. Consideration of T17-02/VC17-04 – 12910 Highway 9 by Pinnacle Towers, LLC – To Remove Existing 180 Foot Wireless Communications Tower and Replace with a New 180 Foot Wireless Communication Tower and Shift 14 Feet to the North and Request Variance to Reduce Tower Setback from 270 Feet to 165 Feet [Section 54-6(d)(2)]. (Agenda Item No. 17-126) (Kathleen Field, Community Development Director) 2. Consideration of an Amendment to Ordinance No. 17-04-307, Creating the Milton Greenspace Advisory Committee (MGAC) [Number of Members]. (Agenda Item No. 17-127) (Ken Jarrard, City Attorney) 3. Consideration of an Ordinance to Amend Appendix A, Parks and Recreation Fees and Other Charges, Chapter 34, Section 24 of the Milton City Code. (Agenda Item No. 17-128) (Jim Cregge, Parks and Recreation Director) 4. Consideration of an Ordinance to Amend Appendix A Related to Chapter 4, Alcoholic Beverages of the Code of the City of Milton, Georgia. (Agenda Item No. 17-129) (Sarah LaDart, Economic Development Manager) 8) PUBLIC HEARING (None) 9) ZONING AGENDA (None) 10) UNFINISHED BUSINESS 1. Consideration of An Ordinance of the City of Milton, Georgia to Amend Chapter 4, Alcoholic Beverages of the Code of the City of Milton, Georgia (Comprehensive Amendments). (Agenda Item No. 17-111) (Discussed at April 17, 2017 City Council Work Session) (First Presentation at May 1, 2017 Regular City Council Meeting) (Sarah LaDart, Economic Development Manager) MILTON CITY COUNCIL REGULAR COUNCIL MEETING MAY 15, 2017 Page 4 of 5 Persons needing special accommodations in order to participate in any City meeting should call 678-242-2500. 2. Consideration of ZM17-02/VC17-02 – 980 Birmingham Road zoned C-1 and AG-1 by The Contineo Group To modify condition 2.a. (2004Z-0043) to modify site plan for additional parking and move dumpster pad and a concurrent variance to allow parking past the building (Sec. 64-1323(a)). (Agenda Item No. 17-085) (First Presentation at April 10, 2017 Regular City Council Meeting) (Deferred at the April 24, 2017 Regular City Council Meeting) (Kathleen Field, Community Development Director) 3. Consideration of RZ17-02 –12800, 12830 and 12850 Hopewell Road by Fuqua & Associates – To Rezone from AG-1 (Agricultural) to R-4A (Single Family Dwelling) to Develop 17 Single Family Lots on 14.6 Acres at a Density of 1.16 Units per Acre. (Agenda Item No. 17-086) (First Presentation at April 10, 2017 Regular City Council Meeting) (Deferred at the April 24, 2017 Regular City Council Meeting) (Kathleen Field, Community Development Director) 11) NEW BUSINESS 1. Consideration of a Resolution Authorizing the Issuance and Sale of General Obligation Bonds. (Agenda Item No. 17-130) (Stacey Inglis, Assistant City Manager) 2. Consideration of a Resolution for the Downtown Milton/Crabapple Placemaking Plan. (Agenda Item No. 17-131) (Michele McIntosh-Ross, Principal Planner) 3. Consideration of a Resolution of the City of Milton, Georgia for a Release and Indemnity Agreement in Connection with Police-Citizen Training Activities. (Agenda Item No. 17-132) (Rich Austin, Police Chief) 4. Consideration of a Resolution of the City of Milton, Georgia for Consent to the Expansion of North Fulton Community Improvement District. (Agenda Item No. 17-133) (Sarah LaDart, Economic Development Manager) MILTON CITY COUNCIL REGULAR COUNCIL MEETING MAY 15, 2017 Page 5 of 5 Persons needing special accommodations in order to participate in any City meeting should call 678-242-2500. 5. Consideration of a Resolution Appointing Members to the City of Milton Greenspace Advisory Committee. (Agenda Item No. 17-134) (Ken Jarrard, City Attorney) 6. Consideration of A Resolution Appointing A Member to the City of Milton Board of Zoning Appeals for District 3/Post 2. (Agenda Item No. 17-135) (Mayor Joe Lockwood) 7. Consideration of a Resolution Adopting the City of Milton Parks and Recreation Department Revised Facility and Fields Use Policy. (Agenda Item No. 17-136) (Jim Cregge, Parks and Recreation Director) 12) MAYOR AND COUNCIL REPORTS STAFF REPORTS Department Updates 1. Parks and Recreation 2. Police 3. Community Development 13) EXECUTIVE SESSION (if needed) 14) ADJOURNMENT (Agenda Item No. 17-137) "I Mi. LTO N, t ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: M 4, 2017 FROM: Steven Krokoff, City Manage AGENDA ITEM: Approval of the Financial Statements for the Period Ending April 2017. MEETING DATE: Monday, May 15, 2017 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (4"A'PPROVED (J NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: () YES 4140 CITY ATTORNEY REVIEW REQUIRED: () YES (,K10 APPROVAL BY CITY ATTORNEY: () APPROVED (J NOT APPROVED PLACED ON AGENDA FOR: 051 17011 2006 Heritage Walk Milton, GA 0000 P: 678.242.2500 1 F: 678.242.2499 info@cityofmiltonga.us I www.cityofmiltonga.us ma To: Honorable Mayor and City Council Members From: Bernadette Harvill, Finance Director Date: Submitted on May 11, 2017 for the May 15, 2017 Regular Council Meeting Agenda Item: Financial Statements and Investment Report for Period 7 – April 2017 Overview and Financial Highlights: General Fund Revenue collections for the General Fund are 1.29% over what is anticipated for the seventh period of the fiscal year. Total expenditures to-date are $14,980,979 and are 11.07% less than expected for this period of the fiscal year. Capital Project Fund Expenditures within this fund continue to occur on a project-by-project basis. With a total project expenditure budget of $21,302,987, capital expenditures-to-date total $5,065,358. Page 1 of 11 City of Milton STATEMENT OF REVENUES & EXPENDITURES General Fund For the Period Ending April 2017 Actual Budgeted Variance over/(under)Actual Budgeted Variance over/(under) Property Tax 10,668,000 96,910 14,650 82,260 497,610 272,700 224,910 Motor Vehicle Tax 542,000 49,664 44,820 4,844 270,482 268,920 1,562 Intangible Tax 250,000 - - - 106,187 104,167 2,021 Real Estate Transfer Tax 115,000 - - - 29,397 47,917 (18,520) Franchise Fees 1,915,900 272,305 408,975 (136,670) 989,277 1,097,950 (108,673) Local Option Sales Tax 8,400,000 704,144 697,200 6,944 4,314,416 4,183,200 131,216 Alcohol Beverage Excise Tax 295,000 24,754 24,485 269 143,812 146,910 (3,098) Business & Occupation Tax 650,000 53,025 32,500 20,525 662,380 650,000 12,380 Insurance Premium Tax 1,800,000 - - - - - - Financial Institution Tax 46,000 - - - 38,150 46,000 (7,850) Penalties & Interest 33,400 5,635 5,375 260 17,116 21,822 (4,706) Alcohol Beverage Licenses 140,000 2,100 - 2,100 145,794 140,000 5,794 Other Non-Business Permits/Licenses 19,485 1,065 1,400 (335) 13,722 11,290 2,433 Zoning & Land Disturbance Permits 217,200 5,620 18,093 (12,473) 52,385 126,649 (74,264) Building Permits 480,000 28,878 38,400 (9,522) 210,405 259,200 (48,795) Intergovernmental Revenue - - - - - - - Other Charges for Service 519,700 29,931 42,732 (12,801) 267,528 323,724 (56,196) Municipal Court Fines 560,000 - - - 239,730 280,000 (40,271) Interest Earnings 30,420 7,249 2,535 4,714 41,102 17,745 23,357 Contributions & Donations - 24 - 24 24,307 - 24,307 Other Revenue 140,612 10,448 5,324 5,124 77,489 36,566 40,924 Other Financing Sources 1,017,126 85,544 83,069 2,475 585,985 581,484 4,501 Total Revenues 27,839,843 1,377,294 1,419,557 (42,263)8,727,276 8,616,243 111,032 Actual Budgeted Variance over/(under)Actual Budgeted Variance over/(under) Mayor and Council 166,759 9,556 11,499 (1,943) 78,265 94,769 (16,505) City Clerk 207,077 13,216 16,915 (3,699) 111,970 124,641 (12,671) City Manager 691,336 48,511 55,837 (7,326) 381,511 406,684 (25,174) General Administration 72,818 5,817 6,057 (240) 47,803 42,453 5,350 Finance 452,793 27,724 31,922 (4,198) 267,671 280,803 (13,132) Legal 290,000 - - - 103,282 120,833 (17,551) Information Technology 921,534 41,442 62,163 (20,720) 597,026 571,520 25,506 Human Resources 334,445 18,050 25,556 (7,506) 145,621 195,109 (49,489) Risk Management 283,300 - - - 133,745 153,782 (20,037) General Government Buildings 474,354 9,049 30,907 (21,857) 235,562 319,756 (84,193) Communications 205,479 6,040 18,035 (11,995) 86,768 120,958 (34,190) Community Outreach & Engagement 152,443 19,053 10,786 8,267 83,608 95,503 (11,895) Municipal Court 298,347 17,821 23,148 (5,327) 154,588 173,781 (19,193) Police 4,430,315 276,208 357,967 (81,760) 2,263,577 2,646,081 (382,504) Fire 6,559,155 442,869 520,305 (77,436) 3,717,004 4,100,077 (383,072) Public Works 2,427,495 92,382 200,846 (108,464) 996,808 1,413,705 (416,897) Parks & Recreation 1,430,360 40,641 74,918 (34,277) 757,159 971,524 (214,365) Community Development 952,840 65,380 78,543 (13,163) 491,907 560,083 (68,176) Economic Development 179,869 7,869 13,105 (5,237) 98,411 111,293 (12,882) Debt Service - Capital Lease Payment 718,112 - - - 726,400 718,112 8,288 Operating Transfers to Other Funds 6,003,930 500,328 500,127 200 3,502,293 3,500,892 1,401 Operating Reserve 212,228 - 17,679 (17,679) - 123,750 (123,750) Total expenditures 27,464,989 1,641,955 2,056,315 (414,359)14,980,979 16,846,110 (1,865,132) Net Income/(Loss)374,854 (264,661)(6,253,703) Revenues Annual Budget Current Month Year-to-Date Operating Expenditures Annual Budget Current Month Year-to-Date Page 2 of 11 Original Budgeted Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES Earth Day Vendor Fee 305$ -$ -$ (305)$ Hometown Jubilee Vendor Fee - - - - Interest Revenues - 2 7 7 Crabapple Fest Sponsor 8,000 - 6,500 (1,500) Earth Day Sponsor 2,550 - 500 (2,050) Concert Sponsor - - - - Mayor's Run Sponsor 1,000 - - (1,000) Donations - - 371 371 T-shirt Sales - - - - Mayor's Run Reg. Fees - - 30 30 Roundup Food Sales - - - - Total revenues 11,855$ 2$ 7,408$ (4,447)$ EXPENDITURES Current: Special Events 75,065$ 3,375$ 31,564$ 43,501$ Total Expenditures 75,065$ 3,375$ 31,564$ 43,501$ OTHER FINANCING SOURCES (USES) Transfers in from General Fund 10,550$ 879$ 6,154$ (4,396)$ Transfers in from Hotel/Motel Tax Fund 47,000 7,141 37,720 (9,280) Total other financing sources and uses 57,550$ 8,020$ 43,874$ (13,676)$ Net change in fund balances (5,660)$ 19,718$ City of Milton Special Events Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended April 30, 2017 Page 3 of 11 Original Budgeted Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES Cash Confiscations/State Funds -$ -$ 1,413$ 1,413$ Cash Confiscations/Fed Funds/US Marshal - - - - Cash Confiscations/Federal Funds - 2,855 16,681 16,681 Interest Revenues/State Funds - 2 13 13 Interest Revenues/Federal Funds - 2 16 16 Realized Gain on Investments/State Funds - - - - Budgeted Fund Balance - - - - Total revenues -$ 2,860$ 18,123$ 18,123$ EXPENDITURES Current: Police -$ -$ 758$ (758)$ Total Expenditures -$ -$ 758$ (758)$ OTHER FINANCING SOURCES (USES) Transfers in from General Fund -$ -$ -$ -$ Total other financing sources and uses -$ -$ -$ -$ Net change in fund balances -$ 17,365$ City of Milton Confiscated Assets Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended April 30, 2017 Page 4 of 11 Original Budgeted Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES Wireless 911 Fees 890,000$ 152,438$ 437,582$ (452,418)$ Interest Revenue - - - - Total revenues 890,000$ 152,438$ 437,582$ (452,418)$ EXPENDITURES Current: Public Safety 890,000$ 219,406$ 285,144$ 604,856$ Total Expenditures 890,000$ 219,406$ 285,144$ 604,856$ OTHER FINANCING USES Unallocated -$ -$ -$ -$ Operating Transfer Out to Capital Projects -$ -$ -$ -$ Net change in fund balances -$ 152,438$ City of Milton E-911 Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended April 30, 2017 Page 5 of 11 Original Budgeted Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES Taxes Hotel/Motel Taxes 67,000$ 7,141$ 37,720$ (29,280)$ Total revenues 67,000$ 7,141$ 37,720$ (29,280)$ OTHER FINANCING SOURCES/(USES) Transfers out to General Fund 20,000$ -$ -$ (20,000)$ Transfers out to Special Events Fund 47,000 7,141 37,720 (9,280) Total other financing sources and uses 67,000$ 7,141$ 37,720$ (29,280)$ Net change in fund balances -$ -$ City of Milton Hotel/Motel Tax Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended April 30, 2017 Page 6 of 11 Original Budgeted Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES Charges for Service Infrastructure Maintenance Fee 95,000$ 11,588$ 38,910$ (56,090)$ Infrastructure Maint Penalty & Interest - - 25 25 Sidewalk Replacement Account - - - - Crabapple Paving Fee - - - - Traffic Calming - - - - Tree Recompense - - 17,000 17,000 Landfill Host Fees 140,000 31,803 62,120 (77,880) HYA Fees - - - Interest Revenue - - 46 46 Realized Gain or Loss on Investments - - - - Cell Tower Lease - 1,719 43,848 43,848 Insurance Proceeds/Public Safety - - - - Insurance Proceeds/Parks & Rec - - - - Insurance Proceeds/Public Works - - - - Atlanta HIDTA Stipend - - 3,000 3,000 Capital Lease Proceeds - - - - Total revenues 235,000$ 45,110$ 164,950$ (70,050)$ EXPENDITURES Capital Outlay City Council 1,006,589$ -$ 47,537$ 959,052$ General Admin 13,762 - - 13,762 General Govt Bldg 5,021,494 - 4,203,496 817,998 Finance - - - - IT 218,600 - 29,838 188,762 Court (1,700) - - (1,700) Police 1,278,339 - 382,098 896,241 Fire 1,675,415 - 2,710 1,672,705 Public Works 7,803,020 2,196 218,069 7,584,951 Parks & Recreation 3,662,715 - 155,138 3,507,577 Community Development 624,753 7,076 26,473 598,280 Total Capital Outlay 21,302,987$ 9,272$ 5,065,358$ 16,237,629$ Excess of revenues over expenditures (21,067,987)$ 35,838$ (4,900,409)$ (16,307,679)$ OTHER FINANCING SOURCES/(USES) Transfers in from General Fund 5,993,380$ 499,448$ 3,496,138$ (2,497,242)$ Transfers in from Capital Grant Fund 100,000 8,333 58,333 (41,667) Transfers in from E-911 Fund - - - - Impact Fees/Law Enforcement Fund 15,557 - - (15,557) Impact Fees/Fire 89,145 - - (89,145) Impact Fees/Road 111,251 - - (111,251) Impact Fees/Park 668,123 - - (668,123) Transfer to the General Fund (243,000) (20,250) (141,750) (101,250) Unallocated - - - - Lease Proceeds - - - - Proceeds of Sale of Assets - - - Budgeted Fund Balance - - - - Total other financing sources and uses 6,734,456$ 487,532$ 3,412,722$ (3,524,234)$ Net change in fund balances (14,333,531)$ (1,487,687)$ City of Milton Capital Project Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended April 30, 2017 Page 7 of 11 Original Budgeted Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES Intergovernmental Revenues GDOT Crabapple Streetscape 500,000$ -$ -$ (500,000)$ GDOT TAP (Big Creek Greenway)50,000 - 50,000 - CDBG 9,340 - - (9,340) LMIG Funds 200,000 - 369,450 169,450 GDOT HPP Funds 3,736,940 - - (3,736,940) MARTA Grant 71,863 - 71,861 (2) SR 9 @ Bethany Bend Grant 872 - - (872) GDOT-Signage/Landscaping 4,062 - - (4,062) Trail Connection to Big Creek Greenway - - - - Interest Revenues - 14 93 93 Total revenues 4,573,077$ 14$ 491,405$ (4,081,672)$ EXPENDITURES Capital Outlay Unallocated -$ Public Safety - Public Works 4,953,009$ -$ 119,297$ 4,833,712$ Community Development 4,900 - - 4,900 Total Capital Outlay 4,957,909$ -$ 119,297$ 4,838,612$ Excess of revenues over expenditures (384,832)$ 14$ 372,107$ 756,939$ OTHER FINANCING SOURCES (USES) Transfers in from General Fund -$ -$ -$ -$ Transfers in to General Fund - -$ -$ -$ Transfer Out to Capital Projects Fund (100,000) (8,333) (58,333) (41,667) Budgeted Fund Balance - - - - Total other financing sources and uses (100,000)$ (8,333)$ (58,333)$ (41,667)$ Net change in fund balances (484,832)$ 313,774$ City of Milton Capital Grant Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended April 30, 2017 Page 8 of 11 Original Budgeted Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES Admin Fund 26,522$ 1,130$ 21,315$ (5,208)$ Law Enforcement Fund 15,557 474 9,320 (6,237) Fire Fund 89,145 2,718 53,402 (35,743) Road Fund 111,251 3,392 69,748 (41,503) Park Fund 668,123 31,076 578,004 (90,119) Interest Revenues/Admin Fund - 1 4 4 Interest Revenues/Law Enforcement Fund - 0 2 2 Interest Revenues/Fire Fund - 2 9 9 Interest Revenues/Road Fund - 3 11 11 Interest Revenues/Park Fund - 26 98 98 Total revenues 910,598$ 38,821$ 731,911$ (178,687)$ EXPENDITURES Admin Police Fire Public Works Parks & Recreation Total Capital Outlay -$ -$ -$ -$ Excess of revenues over expenditures 910,598$ 38,821$ 731,911$ (178,687)$ OTHER FINANCING SOURCES (USES) Transfers in from General Fund -$ -$ -$ -$ Transfer Out to General Fund/Admin (26,522) 26,522 Transfer Out to Capital Projects Fund/Law Enf (15,557) 15,557 Transfer Out to Capital Projects Fund/Fire (89,145) 89,145 Transfer Out to Capital Projects Fund/Road (111,251) 111,251 Transfer Out to Capital Projects Fund/Park (668,123) 668,123 Total other financing sources and uses (910,598)$ -$ -$ 910,598$ Net change in fund balances -$ 731,911$ City of Milton Capital Projects Fund - Impact Fees Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended April 30, 2017 Page 9 of 11 Original Budgeted Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES Intergovernmental Revenues -$ -$ -$ -$ Interest Revenues 9 91 91 Contributions & Donations - - - - Total revenues -$ 9$ 91$ 91$ EXPENDITURES Capital Outlay General Government Buildings -$ -$ -$ -$ Parks & Recreation 48,059 - 7,220 40,839 Bond Principal - - - - Bond Interest - - - - Total Capital Outlay 48,059$ -$ 7,220$ 40,839$ Excess of revenues over expenditures (48,059)$ 9$ (7,129)$ 40,930$ OTHER FINANCING SOURCES (USES) Transfers in from General Fund -$ -$ -$ -$ Transfers out to General Fund (712,604) (59,384) (415,686) (296,918) Revenue Bond Proceeds - - - - Total other financing sources and uses (712,604)$ (59,384)$ (415,686)$ (296,918)$ Net change in fund balances (760,663)$ (422,815)$ City of Milton Capital Projects Fund - Revenue Bond Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended April 30, 2017 Page 10 of 11 Amount Percent Yield Money Market - Quantum Bank 7,202,846 51%0.55% Money Market - EastWest Bank 4,828,739 34%0.63% GA Fund 1 2,140,299 15%0.79% Grand Total Investment Portfolio 14,171,884 100% Interest earned to-date 39,855 Budgeted interest 30,000 Variance over/(under)9,855 Month Ending April 30, 2017 Investment Portfolio City of Milton Page 11 of 11 MILTON"It ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: May 4, 2017 FROM: Steven Krokoff, City Manage AGENDA ITEM: Approval of a Work Order between the City of Milton and VC3, Inc. for New and Replacement Servers at City Hall. MEETING DATE: Monday, May 15, 2017 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (,�'A PPROVED (J NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: () YES (KN0 CITY ATTORNEY REVIEW REQUIRED: () YES (4'NO APPROVAL BY CITY ATTORNEY: () APPROVED (J NOT APPROVED PLACED ON AGENDA FOR: o 61ISl20i, 2006 Heritage Walk Milton, GA P: 678.242.25001 F: 678.242.2499 info@cityofmiltonga.us I www.cityofmiltonga.us To: Honorable Mayor and City Council Members From: David Frizzell, IT Manager Date: Submitted on April 28th for the May 15th Regular City Council Meeting Agenda Item: Approval of a Work Order between the City of Milton and VC3, Inc. for new and replacement servers at city hall. _____________________________________________________________________________________ Project Description: This work order includes hardware, software, deployment services, and migration for the existing servers at city hall which are going out of warranty. The new hardware will also support Laserfiche, the city’s new records management platform. This work order constitutes a project under the City’s existing contract language with VC3. Software will be purchased under Microsoft Open License Pricing (gov’t. pricing). Procurement Summary: Purchasing method used: Professional Services Account Number: 100-1535-523850127 $ 14,232.37 Purchasing method used: Other (See Comment Above) Account Number: 100-1535-542401000 $ 15,196.99 Purchasing method used: 3 Written Quotes ($5,000-$49,999) Account Number: 300-1535-542401000 $ 29,228.13 Requisition Total: $ 58,657.49 Vendor DBA: VC3, Inc. Written hardware quotes submitted (vendor/$): Vendor/Firm Quote/Bid SHI $29,348.00 Dell EMC $31,054.37 Financial Review: Bernadette Harvill – 5/1/2017 Legal Review: Attachment(s): WO_VC3_Server_Deplyment_Project.pdf City of Milton, GA Multiple Server Replacements Work Order Number: Services Agreement Dated: Effective Date of Work Order: Account Executive: Solution Architect: Atlanta Columbia Raleigh 1301 Gervais Street, Suite 1800 | Columbia, SC 29201 800.787.1160 18692144 November 4th, 2014 April 26, 2017 Josh Cox Clif Godfrey VC3 - Work Order Page 1 of 6 A. i. ii. iii. iv. v. vi. vii. B. i. ii. iii. iv. v. vi. vii. viii. ix. x. xi. xii. xiii. xiv. VC3 Deliverables and Services 1. Overview of Work Order This Work Order is part of,and incorporated into the Services Agreement referenced above between Customer and VC3,Inc.(the “Agreement”)and is subject to the terms and conditions of the Agreement and any definitions contained in the Agreement.If any provision of this Work Order conflicts with the Agreement,the terms and conditions of the Agreement shall control unless this Work Order specifically states that a particular term and condition of the Agreement is being amended for the purposes of this Work Order. 2. Summary of Scope and Services and Fees VC3 will provide the following services and deliverables for Customer under this Work Order for the following fees: Project Management and Systems Engineering VC3 will provide the Project Management for the staging, configuration, deployment, installation, and test plans for the solution development. Additional project management responsibilities include; Act as a single point of escalation for Customer. PUBLIC-SAFETY - Replace 2FA - Migrate Coordination of all on-site activities with Customer’s point of contact. Gather and review all documentation from installation team: acceptance testing and Customer signature. Coordination of System Engineering services for necessary configurations and deployments. Review and administer the Project Change Control Procedure with Customer. Coordination for shipping and receiving of all hardware. Verify completion of site documentation deliverables. VC3 will complete the following tasks: Configure vmWare on Server Mount Server in Rack and power up Configure PRTG Monitoring of host Build Windows Server 2016 Template Create new VM For LaserFiche from Template Work with LaserFiche on VM JC-FILE-MLT02 - Migrate MILTONWEB - Replace MLTAD - Replace ARCOPTI - Replace The Bill of Materials for any required Hardware is set forth in Exhibit A. SHORETEL - Migrate MILTONSQL - Replace VC3 - Work Order Page 2 of 6 A. B. C. D. A. B. C. D. A. B. C. D. E. Customer will be asked to sign Customer Acceptance sign-off as concurrence of site completion for each site where VC3 has provided Services under this SOW. All relevant information and documentation must be provided to VC3 at least ten (10) business days in advance of any milestones agreed upon by VC3 and Customer. It is assumed that the Customer is purchasing all hardware and software outlined in Appendix A “Bill of Materials” section of this document required to support this endeavor and that the success of this project relies on the availability of these components. 5. Customer Requirements Customer shall provide a primary point of contact to the VC3 Project Manager. Remote access to Customer environment may be needed in order to gather data. Customer may be asked to provide user information that is required to implement this Statement of Work. 3. Project Timeline VC3 will provide a detailed project timeline following initial on-site Customer requirements meeting to enable both VC3 and the Customer to ensure that all specific design criteria and priorities have been properly discussed and integrated into the final project plan. 4. Assumptions VC3 performs assessments between the hours of 8:00 a.m. and 5:00 p.m. EST, Monday through Friday, excluding observed Federal holidays. VC3 Off-hours are defined as anything other than these hours. Provide secure storage area for equipment to be shipped. Provide shipping addresses and contact names for each site. If applicable, Customer shall provide VC3 with a Letter of Agency and contact information for each third-party vendor with whom VC3 will act as the primary interface on behalf of the Customer. Customer shall coordinate with VC3 Project Manager to schedule all appropriate customer staff members for training based on a negotiated training schedule adhering to the customers’ needs. Customer is responsible for providing access for VC3 to sites that are owned / controlled by third parties. Provide applicable configuration and third party vendor contact information detail for applications involving other service providers . 6. Customer Responsibilities VC3 - Work Order Page 3 of 6 The financial investment for the complete project solution is: $ 58,657.49. • • On the Effective Date of this Work Order set forth above,this Work Order shall become part of the Agreement referenced above. 7. Change Management Any services provided by VC3 to the Customer outside the scope of work outlined in this proposal will result in a Change Order Request form or a separate Statement of Work. If the requested Change Order results in an increase or decrease in the cost of or time required for completion of the work, VC3 will notify Customer thereof and the adjustments will be reflected in the Change Order form. The Change Order form will not become effective unless and until it is agreed to and signed by the Customer and VC3. VC3 will deliver the services outlined in the Deliverables and Services section of this document at a total cost of $ 14,232.37. 8. Acceptance Testing VC3 and the Customer will perform acceptance testing at the time of installation and a Customer sign-off document will be requested at the time of acceptance testing. If Customer fails to provide access for VC3 to perform acceptance testing, or fails to participate in acceptance testing within three business days of being notified by VC3 that the project is complete, the project shall be deemed accepted by Customer and will be invoiced as though acceptance testing had been actually performed. VC3 will deliver the hardware and software outlined in the Bill of Materials section of this document at a cost of: $ 44,425.12. VC3 will invoice Customer per the table below.Services will be invoiced in accordance with the Milestone Billing for Services and Hardware,Table A.Invoices may contain multiple milestones.Any taxes related to services purchased or licensed pursuant to this Work Order shall be paid by customer or customer shall present an exemption certificate acceptable to the taxing authorities.Applicable taxes and freight charges shall be billed as a separate item on the invoice. 9. Project Boundaries Work to be performed does not include any other services except those explicitly defined and stated in this Work Order. Should additional services be desired, VC3 can provide additional services on an hourly basis or in a separate Work Order. 10. Cost and Terms VC3 - Work Order Page 4 of 6 Invoice Amount $14,232.37 $44,425.12 $58,657.49 Name: Milestone Description/Date Services invoiced at the signing of Work Order. Title: Table A - Milestone Billing for Services Total VC3, Inc. By: 100% of Hardware and MaintenanceContract Signing Billing Date: City of Milton, GA By: Name: Title: Date: VC3 - Work Order Page 5 of 6 Quantity Unit Cost Total Cost 1 $29,228.13 $29,228.13 Quantity Unit Cost Total Cost 0 $94.89 2 $3,084.93 $6,169.85 115 $32.81 $3,773.44 8 $656.71 $5,253.70 Quantity Unit Cost Total Cost Quantity Unit Cost Total Cost R730xd Exhibit A - Bill of Materials Hardware Description Cisco SmartNET Description Cisco Hardware Description Description OLP GOVT WIN SVR STD CORE 2016 2LICS NL CORE LICS OLP GOVT SQL SVR STD CORE 2016 2LICS NL CORE LICS QLFD OLP GOVT WIN SVR CAL 2016 NL USR CAL OLP GOVT WIN SVR DC CORE 2016 2LICS NL CORE LICS QLFD Software VC3 - Work Order Page 6 of 6 MILTONI� ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: May 4, 2017 FROM: Steven Krokoff, City Manage AGENDA ITEM: Approval of the First Extension of the Intergovernmental Agreement for the Provision of Animal Control Services between the City of Milton and Fulton County. MEETING DATE: Monday, May 15, 2017 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (,-APPROVED (J NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: (<YES () NO CITY ATTORNEY REVIEW REQUIRED: (41YES () NO APPROVAL BY CITY ATTORNEY: (<APPROVED () NOT APPROVED PLACED ON AGENDA FOR: v51151"bi I 2006 Heritage Walk Milton, GA P: 678.242.25001 F: 678.242.2499 0000 info@cityofmiltonga.us I www.cityofmiltonga.us NO To: Honorable Mayor and City Council Members From: Steven Krokoff, City Manager Date: Submitted on May 8, 2017 for May 15, 2017 Regular Council Meeting Agenda Item: First Extension of the Intergovernmental Agreement for the Provision of Animal Control Services Between Fulton County, Georgia, and Milton, Georgia ____________________________________________________________________________ Department Recommendation: Approval. Executive Summary: The current Intergovernmental Agreement (IGA) for providing Animal Services by Fulton County for the City of Milton ends on June 30, 2017. In order to continue to provide Milton with uninterrupted animal services, the IGA temporarily extends the service until December 31, 2017. This will allow Fulton County to competitively bid a new contract that would commence January 1, 2018. Funding and Fiscal Impact: Fees remain the same. Alternatives: End Animal Services for the city. Legal Review: Sam VanVolkenburgh, Jarrard & Davis – May 11, 2017 Concurrent Review: Steven Krokoff, City Manager Attachment(s): IGA, Letter from Fulton County Commissioner Board of Commissioners of Fulton County Fulton County Government Center 141 Pryor Street, S.W. Atlanta, Georgia 30303 JOHN H. EAVES CHAIRMAN TELEPHONE: (404) 730-8206 FAX: (404) 730-4754 EMAIL: Iohn.eavesPfultoncountvga.g v FULTON COUNTY The Honorable Joe Lockwood Mayor of Milton 13000 Deerfield Pkwy Ste. 107 Milton, Georgia 30004 Dear Mayor Lockwood: The current Intergovernmental Agreement (IGA) for providing Animal Services by Fulton County for your City ends on June 30, 2017. In an effort to continue to provide your City with uninterrupted animal services, we have attached an IGA that temporarily extends the service until December 31, 2017. This extension will allow the County the opportunity to competitively bid a new contract with a vendor that would commence on January 1, 2018. The Original Agreement, as modified by the First Extension, shall be governed in all respects as to the validity, construction, capacity performance, or otherwise by the laws of the State of Georgia. During the extended period of the IGA, the estimated share of the total cost to your City will remain unchanged. This cost was based on the classification (rabies related or not) and location of calls received by the animal control services vendor during the previous year. As a point of reference, the cost calculation was based on the same formula which was used in the original IGA between Fulton County and your City. We are requesting that you sign and return two original copies by June 9, 2017 to the following address: Fulton County Animal Services Attn: Matthew Kallmyer 130 Peachtree Street SW Suite G-157 Atlanta, Georgia 30303. If you have any questions or concerns regarding this matter, please contact our Chief Operating Officer, Todd Long, at 404-612-8763 or todd.long@fultoncountyga.gov Sincerely, / 1 94 /►—} John H. Eaves, PhD Chairman Fulton County Board of Commissioners Attachments Milton IGA Cc: This First Extension to the Intergovernmental Agreement ("First Extension") is made and entered this day of , 2017, by and between the City of Milton, Georgia ("Milton"), a municipal corporation, and Fulton County, Georgia ("County"), herein after collectively referred to as the "Parties". WHEREAS, pursuant to the Georgia Constitution, Article IX, Section II, Paragraph 1, cities and counties are prohibited from exercising governmental authority within each other's boundaries except by Intergovernmental Agreement, or as otherwise provided by law; and WHEREAS, Milton and the County entered into that certain Intergovernmental Agreement on or about June 16, 2014 as Fulton County Board of Commissioners Agenda Item #14-0641 ("Original Agreement"), for the purpose of authorizing Fulton County to provide animal control services to the City, by way of a contract with an animal control services vendor; and WHEREAS, the term of the Original Agreement is set to expire on June 30, 2017 and the County and City desire to maintain the same level of services for an additional period beyond this set date so that the parties can evaluate the scope and manner of deliver of these services moving forward; and WHEREAS, the Parties desire, through this First Extension, to extend the Tenn (Article 2) of the Original Agreement under the same terms and conditions set forth in the Original Agreement for an additional period of one hundred and eighty four (184) days, up to and including December 31, 2017. NOW THEREFORE, Milton and the County, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, do hereby agree as follows: Section 1. Milton and Fulton County do hereby agree that Article 2 (Term of Agreement) of the Original Agreement is hereby amended by this First Extension for an additional period of one hundred and eighty four (184) days, commencing on July 1 and up to and including December 31, 2017. Section 2. The Parties further agree that all the terms and conditions, including, but not limited to, Article 3 (Compensation and Consideration), that are set out in the Original Agreement, as modified by this First Extension, will continue to be enforceable during the First Extension. Section 3. The Original Agreement, as modified by the First Extension, contains the entire agreement between the Parties, and no modification shall be binding upon the Parties unless evidenced by a subsequent written agreement signed by Fulton County acting by and through the Fulton County Board of Commissioners, and Milton, acting by and through its duly authorized officers. Section 4. In the event any one or more of the provisions contained herein shall, for any reason, be held invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision of the Original Agreement, as modified by the First Extension. Section 5. The Original Agreement, as modified by the First Extension, shall be governed in all respects as to the validity, construction, capacity performance, or otherwise by the laws of the State of Georgia. Section 6. Nothing contained in the Original Agreement, as modified by the First Extension, shall be constructed to be a waiver of any of the Parties' sovereign immunity, any individual's qualified immunity, or any other immunity or exemption from liability provided for by law. Section 7. The Original Agreement, as modified by the First Extension, shall not be construed as, or deemed to be, an agreement for the benefit of any third party or parties, and no third party or parties shall have any right of action hereunder for any cause whatsoever. Section 8. Except as modified by this First Extension, all terms and conditions of the Original Agreement remain in full force and effect. 2 IN WITNESS WHEREOF, the parties have hereunto set their hands and affixed their seals the day and year first above written. Dater Joe Lockwood Mayor (SEAL) Attest: Date: Clerk APPROVED AS TO FORM: 3 Date: City Attorney's Office F'ULTON COUNTY, GEORGIA Date: By: John H. Eaves, P.H.D., Chair Attest: Date: By: Mark K. Massey Clerk to the Commission APPROVED AS TO EOMI: Date: By: Patrise Perkins -Hooker Fulton County Attorney P:\CAContracts\Animal\Extensions of lCA\3.27:17. First Extension of the Animal Control Services Agreement (Milton).doe 3 TO: FROM: MILTON'*�* ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM City Council DATE: May 9, 2017 Steven Krokoff, City Manager AGENDA ITEM: Approval of a Construction Services Agreement for the Milton Downtown Wayfinding Signage Project between the City of Milton and CIB International, Inc. d/b/a CanAm Signs and Imaging. MEETING DATE: Monday, May 15, 2017 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (1APPROVED () NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: (�'ES () NO CITY ATTORNEY REVIEW REQUIRED: (OES () NO APPROVAL BY CITY ATTORNEY: (44A PPROVED (J NOT APPROVED PLACED ON AGENDA FOR: oSl1517t 1 2006 Heritage Walk Milton, GA 0000 P: 678.242.25001 F: 678.242.2499 info@cityofmiltonga.us I www.cityofmiltonga.us W To: Honorable Mayor and City Council Members From: Kathleen Field, Director Community Development Date: Submitted on May 9, 2017 for the May 15, 2017 Regular City Council Meeting Agenda Item: Approval of a Construction Services Agreement between the City of Milton, Georgia and CIB International, Inc. d/b/a CanAm Signs & Imaging to fabricate and install signage per the Milton Downtown Wayfinding Signage Project. _____________________________________________________________________________________ Project Description: In of March of 2016 the city initiated a stakeholder committee and retained design consultants Cooper Cary to discuss and come up with a signage suite that would include wayfinging signs, historical markers, and banners for the Crabapple area. The group met with the design consultants at city hall and reviewed and discussed several design options. The consultants presented the options to city council and included some cost estimates for the fabrication and installation of the signs that would be done by a sign construction company. In January 2017, an invitation to bid was sent to prospective sign companies, and based on staff’s review of those responses, CanAm Signs & Imaging was selected to be the contractor to fabricate and install the signs for the City. Procurement Summary: Purchasing method used: RFQ Account Number: 300-7410-521200007 Requisition Total: $ 175,000.00 Vendor DBA: CanAm Signs & Imaging Other quotes or bids submitted (vendor/$): Vendor/Firm Quote/Bid Document Hardman Signs 384,940.00 Graphic House Inc 348,000.00 TAG Signs 321,778.25 L & H Companies 290,412.00 Big Apple Sign Corp 290,025.00 Option Signs 227,944.30 DeNyse Companies 190,743.00 CIB International d/b/a CanAm Signs & Imaging 153,655.90 Financial Review: Bernadette Harvill Legal Review: Jarrard & Davis, LLP 04/21/2017 Attachment(s): Construction Services Agreement 1 3z HOME OF' MILTO.- N ESTABLISHED 2006 CONSTRUCTION SERVICES AGREEMENT Milton Downtown Wayfinding Signage Project This Construction Services Agreement (the "Agreement") is made and entered into this day of , 20_ (the "Effective Date"), by and between the CITY OF MILTON, GEORGIA, a municipal corporation of the State of Georgia, acting by and through its governing authority, the Mayor and Milton City Council (hereinafter referred to as the "City"), and CIB International, Inc. d/b/a CanAm Signs & Imaging, a Georgia Corporation (hereinafter referred to as the "Contractor"), collectively referred to herein as the "Parties". WITNESSETH: WHEREAS, the City desires to retain a contractor to perform services for the construction of a Project, as defined below; and WHEREAS, the City published an Invitation for Bid, ITB 17-CD02, for construction of the Project, dated January 26, 2017, attached hereto as "Exhibit A" and incorporated herein by reference; and WHEREAS, the Contractor submitted a complete and timely bid, attached hereto as "Exhibit B" and incorporated herein by reference, and met all bid requirements such that the City awarded Project Number ITB 17-CD02 to the Contractor; and WHEREAS, the City finds that specialized knowledge, skills, and training are necessary to perform the Work (defined below) contemplated under this Agreement; and WHEREAS, the Contractor has represented that it is qualified by training and experience to perform the Work; and WHEREAS, based upon Contractor's bid, the City has selected Contractor as the successful bidder, and WHEREAS, Contractor desires to perform the Work as set forth in this Agreement under the terms and conditions provided in this Agreement; and WHEREAS, the public interest will be served by this Agreement; and WHEREAS, Contractor has familiarized itself with the nature and extent of the Contract Documents, the Project, and the Work, and with all local conditions and federal, state and local laws, ordinances, rules and regulations that may in any manner affect cost, progress or performance Construction Services Agreement I Version 1.0 of Work, and Contractor is aware that it must be licensed to do business in the State of Georgia. 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. Invitation to Bid, attached hereto as "Exhibit A"; B. Bid Documents from Contractor, dated February 27, 2017, attached hereto as "Exhibit B"; C. Scope of Work, attached hereto as "Exhibit C"; D. Any required Performance Bond and/or Payment Bond, attached hereto collectively as "Exhibits D.1 and D.2"; E. Noncollusion Affidavit of Prime Bidder, attached hereto as "Exhibit E"; F. Final Affidavit, attached hereto as "Exhibit F"; G. Alien Employment affidavits, attached hereto as "Exhibits G.1 and G.2"; H. Plans, drawings and specifications, attached hereto collectively as "Exhibit H"; I. Additional Payment/Retainage Requirements, attached hereto as "Exhibit I"; J. Key Personnel, attached hereto as "Exhibit J"; K. Contract Administration provisions (if issued), attached hereto as "Exhibit K"; L. General Conditions (if issued), attached hereto as "Exhibit L"; M. Supplementary Conditions (if issued), attached hereto as "Exhibit M"; N. Notice of Award, attached hereto as "Exhibit N"; O. City of Milton Code of Ethics (codified in the official Code of the City of Milton); P. The following, which may be delivered or issued after the Effective Date of the Agreement and are not attached hereto: All Change Orders (defined in Section 6 Construction Services Agreement I Version 1.0 below), other written amendments, and other documents amending, modifying, or supplementing the Contract Documents if properly adopted in writing and executed by the Parties. Section 2. Proiect Description; Architect; EnIzineer; Contract Administrator A. Project. A general description of the Project is as follows: Milton Downtown Wayfinding Signage Project generally consists of the construction and installation of wayfinding signage for the Crabapple District (Downtown Milton) of the City of Milton (the "Project"). A third -party Architect (as identified below) has been retained related to this Project. B. Architect. The Project has been designed by Cooper Carry, Inc. (hereinafter referred to as the "Architect"). The Architect will have authority to act on behalf of the City only to the extent provided in the Contract Documents, unless otherwise modified in accordance with the provisions of this Agreement. C. Contract Administrator. The Contract Administrator for this Agreement shall be: Kathleen Field, Community Development Director, City of Milton. Section 3. The Work A. The Work. The Work to be completed under this Agreement (the "Work") includes, but shall not be limited to, the work described in the Scope of Work provided in "Exhibit C", attached hereto and incorporated herein by reference. 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. In the event of any discrepancy among the terms of the various Contract Documents, the provision most beneficial to the City, as determined by the City in its sole discretion, shall govern. B. Notice to Proceed/Working Hours. The City will issue a Notice to Proceed, and Construction shall begin no later than TEN (10) calendar days past the issuance of the Notice to Proceed. Unless otherwise approved, the Contractor shall perform its obligations under this Agreement as expeditiously as is consistent with reasonable skill and care and the orderly progress of the Work. Normal workday for this Project shall be 7:30 am to 7:30 pm and the normal workweek shall be Monday through Friday. Construction will be allowed on Saturday from 9:00 am to 6:00 pm. The City will consider extended workdays or workweeks upon written request by the Contractor on a case by case basis. No work will be allowed on Sunday or Construction Services Agreement I Version 1.0 national holidays (i.e. Memorial Day, July 4, Labor Day, etc.). Lane closures will only be permitted between the hours of 9:00am and 3:00pm, Monday -Friday, unless otherwise approved by the City. C. Plans; Drawings and Specifications. The plans, drawings and specifications provided in "Exhibit H", attached hereto, are hereby acknowledged by the Parties and incorporated herein by reference. D. Shop Drawings, Product Data, and Samples. Shop Drawings, Product Data, Samples and similar submittals are not Contract Documents, but must be in conformity therewith. The purpose of their submittal is to demonstrate, for those portions of the Work for which submittals are required by the Contract Documents, the way by which the Contractor proposes to conform to the information given and the design concept expressed in the Contract Documents. (i) "Shop Drawings" are drawings, diagrams, schedules and other data specifically prepared for the Work by the Contractor or a subcontractor, sub -subcontractor, manufacturer, supplier or distributor to illustrate some portion of the Work. (ii) "Product Data" are illustrations, standard schedules, performance charts, instructions, brochures, diagrams and other information furnished by the Contractor to illustrate materials or equipment for some portion of the Work. (iii) "Samples" are physical examples that illustrate materials, equipment or workmanship and establish standards by which the Work will be judged. The Contractor shall review for compliance with the Contract Documents and shall approve and submit to the Contract Administrator Shop Drawings, Product Data, Samples, and similar submittals required by the Contract Documents with reasonable promptness and in such sequence as to cause no delay in the Work or in the activities of the City or of separate contractors. By approving and submitting Shop Drawings, Product Data, Samples and similar submittals, the Contractor represents that the Contractor has determined and verified materials, field measurements and field construction criteria related thereto, or will do so, and has checked and coordinated the information contained within such submittals with the requirements of the Work and of the Contract Documents. Submittals which are not marked as reviewed for compliance with the Contract Documents and approved by the Contractor may be returned by the Contract Administrator without action. The Contractor shall perform no portion of the Work for which the Contract Documents require submittal and review of Shop Drawings, Product Data, Samples or similar submittals until the respective submittal has been approved in writing by the Contract Administrator, provided that submittals that are not required by the Contract Documents may be returned without action. The Work shall be completed in accordance with approved submittals, provided Construction Services Agreement I Version 1.0 that the Contractor shall not be relieved of responsibility for deviations from requirements of the Contract Documents by the Contract Administrator's approval of Shop Drawings, Product Data, Samples or similar submittals, unless the Contractor has specifically informed the Contract Administrator in writing of such deviation at the time of submittal and (1) the Contract Administrator has given written approval to the specific deviation as a minor change in the Work, or (2) a written Change Order has been issued and approved to authorize the deviation. The Contract Administrator's approval of the Shop Drawings, Product Data, Samples or similar submittals shall not relieve the Contractor of responsibility for errors or omissions therein. The Contractor shall, in writing or on resubmitted Shop Drawings, Product Data, Samples or similar submittals, direct the Contract Administrator's attention to any additional revisions included other than those requested by the Contract Administrator on previous submittals. In the absence of such written notice drawing the Contract Administrator's attention to such additional revisions, the Contract Administrator's approval of a resubmission shall not apply to such additional revisions. The Contractor shall maintain at least one record copy of the Contract Documents in good order and marked currently to record field changes and selections made during construction and one record copy of approved Shop Drawings, Product Data, Samples and similar required submittals. These documents shall be available to the City and Contract Administrator and shall be delivered to the Contract Administrator or City upon completion of the Work. Section 4. Contract Term; Expedited Completion; Partial Occupancy or Use A. Contract Term. The term of this Agreement ("Term") shall commence on the Effective Date and continue until the earlier of the Expected Date of Final Completion or the proper termination and non -renewal of this Agreement (provided that certain obligations, including but not limited to Warranty obligations, will survive termination/expiration of this Agreement). Contractor warrants and represents that it will perform its Work in a prompt and timely manner, which shall not impose delays on the progress of the Work. All Work shall be completed within fifteen (15) weeks from the date of the Notice to Proceed (the "Expected Date of Final Completion"). Every effort will be made by Contractor to shorten this period. If weather affects the required completion schedule, The City and Contractor will negotiate a new Expected Date of Final Completion. If the Term of this Agreement continues beyond the calendar year in which this Agreement is executed, the Parties agree that this Agreement, as required by O.C.G.A. § 36-60-13, shall terminate absolutely and without further obligation on the part of the City on September 30 each calendar year of the Term, and further, that this Agreement shall automatically renew on October 1 of each subsequent calendar year absent the City's provision of written notice of non -renewal to Contractor at least five (5) calendar days prior to the end of the then fiscal year. Title to any supplies, materials, equipment, or other personal property shall remain in Contractor until fully paid for by the City. Construction Services Agreement I Version 1.0 B. [RESERVED] C. Expediting Completion. The Contractor is accountable for completing the Work within the time period provided in the Contract Documents. If, in the judgment of the City, the Work is behind schedule and the rate of placement of work is inadequate to regain scheduled progress to ensure timely completion of the entire Work or a separable portion thereof, the Contractor, when so informed by the City, shall immediately take action to increase the rate of work placement by: (1) An increase in working forces; (2) An increase in equipment or tools; (3) An increase in hours of work or number of shifts; (4) Expediting delivery of materials; and/or (5) Other action proposed if acceptable to City. Within five (5) calendar days after such notice from City that the Work is behind schedule, the Contractor shall notify the City in writing of the specific measures taken and/or planned to increase the rate of progress. The Contractor shall include an estimate as to the date of scheduled progress recovery. Should the City deem the plan of action inadequate, the Contractor shall take additional steps to make adjustments as necessary to its plan of action until it meets with the City's approval and such approval is provided in writing by the City. D. [RESERVED] Section 5. Contractor's Compensation; Time and Method of Payment A. Maximum Contract Price. The total amount paid under this Agreement as compensation for Work performed and reimbursement for costs incurred shall be $175,000 (the "Maximum Contract Price"), except as outlined in Section 6 below. The compensation for Work performed shall be based upon the flat fee of $153,655.90, plus the cost of additional historic markers requested by City in writing at the unit prices set forth in "Exhibit B". B. Additional Payment Requirements. Additional payment requirements are included as "Exhibit I", attached hereto and incorporated herein by reference. C. Material Deviations. Any material deviations in tests or inspections performed, or times or locations required to complete such tests or inspections, and like deviations from the Work described in this Agreement shall be clearly communicated to the City before charges are incurred and shall be handled through written Change Orders, as described in Section 6 below. Whenever the Contract Administrator considers it necessary or advisable, it shall have authority to require inspection or testing of the Work. However, neither this authority of the Contract Administrator nor a decision made in good faith either to exercise or not to exercise such authority shall give rise to a duty or responsibility of the Contract Administrator to the Construction Services Agreement I Version 1.0 Contractor, subcontractors, material and equipment suppliers, their agents or employees, or other persons or entities performing portions of the Work. D. Taxes. The City is a governmental tax-exempt entity and shall not be responsible for paying any taxes on any materials or services provided for herein. At Contractor's request, City shall provide evidence of its tax-exempt status. To the extent, if any, that the City furnishes tangible personal property to Contractor for incorporation into the Project, Contractor shall be responsible for paying the amount of tax owed for such tangible personal property. Section 6. Change Orders A. Change Order Defined. A "Change Order" means a written modification of the Contract Documents, signed by representatives of the City and the Contractor with appropriate authorization. B. Right to Order Changes. The City reserves the right to order changes in the Work to be performed under this Agreement by altering, adding to, or deducting from the Work. All such changes shall be incorporated in written Change Orders and executed by the Contractor and the City. Such Change Orders shall specify the changes ordered and any necessary adjustment of compensation and completion time. If the Parties cannot reach an agreement on the terms for performing the changed work within a reasonable time to avoid delay or other unfavorable impacts as determined by the City in its sole discretion, the City shall have the right to determine reasonable terms, and the Contractor shall proceed with the changed work. C. Change Order Requirement. Any work added to the scope of this Agreement by a Change Order shall be executed under all the applicable conditions of this Agreement. No claim for additional compensation or extension of time shall be recognized, unless contained in a written Change Order duly executed on behalf of the City and the Contractor. No Change Order is required to order additional historic markers, provided the total contract price does not exceed the Maximum Contract Price. D. Authority to Execute Change Order. The City Manager has authority to execute, without further action of the Milton City Council, any number of Change Orders so long as their total effect does not materially alter the terms of this Agreement or materially increase the Maximum Contract Price, as set forth in Section 5(A) above. Any such Change Orders materially altering the terms of this Agreement, or ate'_ Change Order affecting the price where the Maximum Contract Price (as amended) is in excess of $50,000, must be approved by resolution of the Milton City Council. E. Minor Changes in the Work. The Contract Administrator will have the authority to order minor changes in the Work not involving adjustment in the Maximum Contract Price or extension of the Term and not inconsistent with the intent of the Contract Documents. Such changes shall be effected by written order signed by Construction Services Agreement I Version 1.0 the Contract Administrator. The Contractor shall carry out such written orders promptly. If the minor changes subsequently may affect adjustments in the Maximum Contract Price or the Term, the changes shall then be converted to a written Change Order by the requesting Party. Section 7. Covenants of Contractor A. Ethics Code, Conflict of Interest. (i) 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 his knowledge no circumstances exist which will cause a conflict of interest in performing the Work. Should Contractor become aware of any circumstances that may cause a conflict of interest during the Term of this Agreement, Contractor shall immediately notify the City. If the City determines that a conflict of interest exists, the City may require that Contractor take action to remedy the conflict of interest or terminate the Agreement without liability. The City shall have the right to recover any fees paid for services rendered by Contractor when such services were performed while a conflict of interest existed if Contractor had knowledge of the conflict of interest and did not notify the City within five (5) business days of becoming aware of the existence of the conflict of interest. (ii) 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. Meetings. The Contractor is required to meet with the 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. Meetings will occur as problems arise and will be coordinated by the City or the Contract Administrator. The Contractor will be given a minimum of three (3) full business days' notice of meeting date, time, and location. Face-to-face meetings are desired. Construction Services Agreement I Version 1.0 However, at the Contractor's option and expense, a conference call meeting may be substituted. Consistent failure to participate in problem resolution meetings, two consecutive missed or rescheduled meetings, or failure to make a good faith effort to resolve problems, may result in termination of the contract for cause. C. Expertise of Contractor. Contractor accepts the relationship of trust and confidence established between it and the City, recognizing that the City's intention and purpose in entering into this Agreement is to engage an entity with the requisite capacity, experience, and professional skill and judgment to provide the Work in pursuit of the timely and competent completion of the Work undertaken by Contractor under this Agreement. The Contractor agrees to use its best efforts, skill, judgment, and abilities to perform its obligations and to further the interests of City and the Project in accordance with City's requirements and procedures, and Contractor shall employ only persons duly qualified in the appropriate area of expertise to perform the Work described in this Agreement. D. Proper Execution by Contractor. 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 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.). Any additional work or costs incurred as a result of error and/or omission by Contractor as a result of not complying with the Contract Documents or not meeting the applicable standard of care or quality, including but not limited to those of repeated procedures and compensation for the Contract Administrator's services or expenses, will be provided at Contractor's expense and at no additional cost to the City. This provision shall survive termination of this Agreement. It is the Contractor's responsibility to be reasonably aware of all applicable laws, statutes, ordinances, building codes, and rules and regulations. If the Contractor observes that portions of the Contract Documents are at variance therewith, the Contractor shall promptly notify the Contract Administrator and the City in writing of any portions of the Contract Documents that are at variance with the applicable laws, statutes, ordinances, building codes, and rules and regulations. The Contractor's duties shall not be diminished by any approval by the City or Contract Administrator of Work completed or produced; nor shall any approval by the City or Contract Administrator of Work completed or produced release the Contractor from any liability therefor, it being understood that the City is ultimately relying upon the Contractor's skill and knowledge in performing the Work required under the Contract Documents. Organization of the specifications into divisions, sections and articles, and arrangement of drawings shall not control the Contractor in dividing the Work among subcontractors or in establishing the extent of Work to be performed by any trade. Construction Services Agreement I Version 1.0 E. Familiarity with the Work. (i) Contractor Familiarity with Work. Contractor represents that it has familiarized itself with the nature and extent of the Contract Documents, 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. Since the Contract Documents are complementary, before starting each portion of the Work, the Contractor shall carefully study and compare the various Contract Documents, site conditions, authorities, tests, reports and studies relative to that portion of the Work, as well as the information furnished by the City, shall take field measurements of any existing conditions related to that portion of the Work, and shall observe any conditions at the Project site(s) affecting it. Contractor represents and agrees that it has correlated the results of all such observations, examinations, investigations, explorations, tests, reports, and studies with the terms and conditions of the Contract Documents. These obligations are for the purpose of facilitating construction by the Contractor and are not for the purpose of discovering errors, omissions, inconsistencies, or ambiguities in the Contract Documents; however, any errors, inconsistencies, omissions, or ambiguities discovered by the Contractor shall be reported promptly to the Contract Administrator and City in writing. Contractor represents that it has given the City written notice of all errors, omissions, inconsistencies, or ambiguities that the Contractor has discovered in the Contract Documents so far, and the written resolution thereof by the City is acceptable to the Contractor. Further, Contractor acknowledges that its obligation to give notice of all such errors, omissions, inconsistencies, or ambiguities shall be continuing during the Term of this Agreement. Any failure on the part of the Contractor to notify the Contract Administrator and City in writing of any errors, omissions, inconsistencies, or ambiguities in the Contract Documents that Contractor discovered or reasonably should have discovered shall result in a waiver and full release by the Contractor of any future arguments or defenses based on such errors, omissions, inconsistencies, or ambiguities against the City. Further, if the Contractor fails to perform its obligations pursuant to this paragraph, the Contractor shall pay such costs and damages to the City as would have been avoided if the Contractor had performed such obligations. (ii) Inspection of Prior Work. If part of the Contractor's Work depends for proper execution or results upon construction or operations by a separate contractor, the Contractor shall, prior to proceeding with that portion of the Work, promptly report to the Contract Administrator apparent discrepancies or defects in such other construction that would render it unsuitable for such proper execution and results. Failure of the Contractor so to report shall constitute an acknowledgment that the City's or separate contractor's completed or partially completed construction is fit and proper to receive the Contractor's Work, except as to defects not then reasonably Construction Services Agreement I Version 1.0 discoverable, and Contractor shall be responsible for all costs and damages resulting from its failure to report reasonably discoverable defects. (iii) Contractor Requests for Information. If, with undue frequency (as determined by the City in its sole discretion), the Contractor requests information that is obtainable through reasonable examination and comparison of the Contract Documents, site conditions, and previous correspondence, interpretations or clarifications, the Contractor shall be liable to the City for reasonable charges from the Contract Administrator for the additional services required to review, research and respond to such requests for information. F. Supervision, Inspection and Construction Procedures. The Contractor shall supervise and direct the Work, using the Contractor's best skill and attention. The Contractor shall be solely responsible for and have control over construction means, methods, techniques, sequences and procedures and for coordinating all portions of the Work under the Agreement, unless the Contract Documents give other specific instructions concerning these matters. If the Contract Documents give specific instructions concerning construction means, methods, techniques, sequences or procedures, the Contractor shall evaluate the jobsite safety therefor and, except as stated below, shall be fully and solely responsible for the jobsite safety for such means, methods, techniques, sequences, or procedures. If the Contractor determines that such means, methods, techniques, sequences or procedures may not be safe, the Contractor shall give timely written notice to the City and Contract Administrator and shall not proceed with that portion of the Work without further written instructions from the City or Contract Administrator as approved in writing by the City. The Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the performance of this Agreement. The Contractor shall take reasonable precautions for the safety of, and shall provide reasonable protection to prevent damage, injury or loss to: (a) employees and other persons who may be affected, (b) the Work and materials and equipment to be incorporated therein, whether in storage on or off the Project site(s), under care, custody or control of the Contractor or Contractor's subcontractors or sub -subcontractors, and (c) other property at the Project site(s) or adjacent thereto, such as trees, shrubs, lawns, walks, pavements, roadways, structures and utilities not designated for removal, relocation or replacement in the course of construction. The Contractor shall give notices and comply with applicable laws, ordinances, rules, regulations and lawful orders of public authorities bearing on safety of persons or property or their protection from damage, injury or loss. When use or storage of explosives or other hazardous materials or equipment or unusual methods are necessary for execution of the Work, the Contractor shall exercise utmost care and carry on such activities under supervision of properly qualified personnel. If reasonable precautions will be inadequate to prevent Construction Services Agreement I Version 1.0 foreseeable bodily injury or death to persons resulting from a material or substance, including but not limited to asbestos or polychlorinated biphenyl (PCB), encountered on the Project site(s) by the Contractor, the Contractor shall, upon recognizing the condition, immediately stop Work in the affected area and report the condition to the City and Contract Administrator in writing. G. Tests and Inspections. Tests, inspections and approvals of portions of the Work required by the Contract Documents or by laws, or ordinances, rules, regulations or orders of public authorities having jurisdiction shall be made promptly at an appropriate time to avoid unreasonable delay in the Work. Unless otherwise provided, the Contractor shall make arrangements for such tests, inspections and approvals with an independent testing laboratory or entity acceptable to the City, or with the appropriate public authority, and shall bear all related costs of tests, inspections and approvals. The Contractor shall give the Contract Administrator timely notice of when and where tests and inspections are to be made so that the Contract Administrator may be present for such procedures. Required permits or certificates of testing, inspection or approval shall, unless otherwise required by the Contract Documents, be secured by the Contractor and delivered to the Contract Administrator within ten (10) calendar days of issuance. H. Budgetary Limitations. Contractor agrees and acknowledges that budgetary limitations are not a justification for breach of sound principals of Contractor's profession and industry. 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 principals of Contractor's profession and industry, Contractor will give written notice immediately to the City. I. City's Reliance on the Work. The Contractor acknowledges and agrees that the City does not undertake to approve or pass upon matters of expertise of the Contractor and that therefore, the City bears no responsibility for Contractor's Work performed under this Agreement. The Contractor acknowledges and agrees that the acceptance of 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. The City will not, and need not, inquire into adequacy, fitness, suitability or correctness of Contractor's performance. Contractor further agrees that no approval of designs, plans, or specifications by any person, body, or agency shall relieve Contractor of the responsibility for adequacy, fitness, suitability, and correctness of Contractor's Work under professional and industry standards, or for performing services under this Agreement in accordance with sound and accepted professional and industry principles. 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 Construction Services Agreement I Version 1.0 City if Contractor knows or reasonably should know that any information provided by the City is erroneous, inconsistent, or otherwise problematic. K. Uncovering and Correction of Work. If a portion of the Work is covered contrary to the Contract Administrator's request or to requirements specifically expressed in the Contract Documents, it must, if required in writing by the Contract Administrator, be uncovered for examination by the Contract Administrator and be replaced at the Contractor's expense without change in the Agreement Term. If a portion of the Work has been covered which the Contract Administrator has not specifically requested to examine prior to its being covered or which the Contract Documents did not require to remain uncovered until examined, the Contract Administrator may request to see such Work, and it shall be uncovered by the Contractor. If such Work is in accordance with the Contract Documents, costs of uncovering and replacement shall, by appropriate Change Order, be at the City's expense, which expense shall be agreed upon in writing prior to being incurred. If such Work is not in accordance with the Contract Documents, correction shall be at the Contractor's expense, unless the condition was caused by the City, in which event the City shall be responsible for payment of such costs including reasonable charges, if any, by the Contract Administrator for additional service, which expense shall be agreed upon in writing prior to being incurred. If the City prefers to accept Work that is not in accordance with the requirements ( of the Contract Documents, the City may do so instead of requiring its removal and correction, in which case the Maximum Contract Price will be reduced as appropriate and equitable. Such adjustment shall be effected whether or not final payment has been made. L. Clean Up. Contractor shall keep the Project site(s) and surrounding area free from accumulation of waste materials or rubbish caused by operations under this Agreement. At completion of the Work, the Contractor shall remove from and about the Project waste materials, rubbish, the Contractor's tools, construction equipment, machinery and surplus materials. If the Contractor fails to clean up as provided in the Contract Documents, the City may do so, and the cost thereof shall be charged to the Contractor. M. Contractor's Representative. David Kapiloff shall be authorized to act on Contractor's behalf with respect to the Work as Contractor's designated representative. N. 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 and not as the agent or employee of the City. Nothing contained in this Agreement shall be construed to make the Contractor, or any of its employees, servants or subcontractors, an employee, servant or agent of the City for any purpose. 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 Construction Services Agreement I Version 1.0 perform such Work; the instrumentalities, tools, supplies, and/or materials necessary to complete the Work; hiring of subcontractors, agents, or employees to complete the Work; and the payment of employees, including benefits and compliance with Social Security, withholding, and all other regulations governing such matters. The Contractor agrees to be solely responsible for its own acts and those of its subordinates, employees, and subcontractors during the life of this Agreement. There shall be no contractual relationship between any subcontractor or supplier and the City by virtue of this Agreement with the Contractor. Any provisions of this Agreement that may appear to give the City the right to direct Contractor as to the details of the services to be performed by Contractor or 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. It is further understood that this Agreement is not exclusive, and the City may hire additional entities to perform Work related to this Agreement. 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. O. Responsibility of Contractor and Indemnification of City. The Contractor covenants and agrees to take and assume all responsibility for the Work rendered in connection with this Agreement. The 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. To the fullest extent permitted by law, 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 alleged willful, negligent, or tortious act or omission arising out of the Work, performance of contracted services, or operations by the Contractor, any subcontractor, anyone directly or indirectly employed by the Contractor or subcontractor, or anyone for whose acts the Contractor or subcontractor may be liable, regardless of whether or not the 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 Construction Services Agreement I Version 1.0 otherwise reduce any other right or obligation of indemnity which would otherwise exist as to any party or person described in this provision. In any and all claims against an Indemnified Party, by any employee of the Contractor, its subcontractor, anyone directly or indirectly employed by the Contractor or subcontractor, or anyone for whose acts the Contractor or subcontractor may be liable, the indemnification obligation set forth in this provision shall not be limited in any way by any limitation on the amount or type of damages, compensation, or benefits payable by or for the Contractor or any subcontractor under workers' or workmen's compensation acts, disability benefit acts, or other employee benefit acts. This obligation to indemnify, defend, and hold harmless the Indemnified Party(ies) shall survive expiration or termination of this Agreement, provided that the claims are based upon or arise out of actions or omissions that occurred during the performance of this Agreement. P. Insurance. (1) Requirements: The Contractor shall have and maintain in full force and effect for the duration of this Agreement, insurance insuring against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Work by the Contractor, its agents, representatives, employees or subcontractors. All policies shall be subject to approval by the City as to form and content. These requirements are subject to amendment or waiver if so approved in writing by the City Manager. (2) Minimum Limits of Insurance: Contractor shall maintain the following insurance policies with coverage and limits no less than: (a) Commercial General Liability: $1,000,000 (one million dollars) combined single limit per occurrence $2,000,000 (two million dollars) aggregate comprehensive/extended/enhanced Commercial General Liability policy with coverage including bodily and personal injury, sickness, disease or death, injury to or destruction of property, including loss of use resulting therefrom, damage to premises/operations, products/completed operations, independent consultants and contractual liability (specifically covering the indemnity), broad -from property damage, and underground, explosion and collapse hazard. This coverage may be achieved by using an excess or umbrella policy. The policy or policies must be on "an occurrence" basis ("claims made" coverage is not acceptable). (b) Commercial Automobile Liability (owned, non -owned, hired): $1,000,000 (one million dollars) combined single limit per occurrence $2,000,000 (two million dollars) aggregate for comprehensive Commercial Automobile liability coverage (owned, non -owned, hired) including bodily and personal injury, sickness, Construction Services Agreement I Version 1.0 disease or death, injury to or destruction of property, including loss of use resulting therefrom. (c) [RESERVED] (d) Workers' Compensation and Employers' Liability: Workers' Compensation policy with limits as required by the State of Georgia and Employers' Liability limits of $1,000,000 (one million dollars) per occurrence or disease. (If Contractor is a sole proprietor, who is otherwise not entitled to coverage under Georgia's Workers' Compensation Act, Contractor must secure Workers' Compensation coverage approved by both the State Board of Workers' Compensation and the Commissioner of Insurance. The amount of such coverage shall be the same as what is otherwise required of employers entitled to coverage under the Georgia Workers' Compensation Act. Further, the Contractor shall provide a certificate of insurance indicating that such coverage has been secured and that no individual has been excluded from coverage.) (e) [RESERVED] (f) Commercial Umbrella Liability Coverage: $_n/a per occurrence shall be provided and will apply over all liability ( policies, without exception, including but not limited to Commercial General Liability, Commercial Automobile Liability, Employers' Liability, and Professional Liability. (3) Deductibles and Self -Insured Retentions: Any deductibles or self-insured retentions must be declared to and approved by the City in writing so that the City may ensure the financial solvency of the Contractor; self-insured retentions should be included on the certificate of insurance. (4) Other Insurance Provisions: Each policy shall contain, or be endorsed to contain, the following provisions respectively: (a) General Liability, Automobile Liability and Umbrella Liability Coverage. (i) Additional Insured Requirement. The City and City's elected and appointed officials, officers, boards, commissioners, employees, representatives, consultants, servants, agents and volunteers (individually "Insured Party" and collectively "Insured Parties") shall be named as additional insureds as respects: liability arising out of activities performed by or on behalf of the Contractor; products and completed operations of the Contractor; Construction Services Agreement I Version 1.0 premises owned, leased, or used by the Contractor; automobiles owned, leased, hired, or borrowed by the Contractor. The coverage shall contain no special limitations on the scope of protection afforded to the Insured Parties. Nothing contained in this section shall be construed to require the Contractor to provide liability insurance coverage to any Insured Party for claims asserted against such Insured Party for its sole negligence. (ii) Primary Insurance Requirement. The Contractor's insurance coverage shall be primary noncontributing insurance as respects to any other insurance or self-insurance available to the Insured Parties. Any insurance or self- insurance maintained by the Insured Parties shall be in excess of the Contractor's insurance and shall not contribute with it. (iii) Reporting Requirement. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the Insured Parties. (iv) Separate Coverage. Coverage shall state that the Contractor's insurance shall apply separately to each insured ( against whom claim is made or suit is brought, except with respect to limits of insurance provided. (v) Defense Costs/Cross Liability. Coverage shall be provided on a "pay on behalf' basis, with defense costs payable in addition to policy limits. There shall be no cross liability exclusion. (vi) Subrogation. The insurer shall agree to waive all rights of subrogation against the Insured Parties for losses arising from Work performed by the Contractor for the City. (b) Workers' Compensation Coverage: The insurer providing Workers' Compensation Coverage will agree to waive all rights of subrogation against the Insured Parties for losses arising from Work performed by the Contractor for the City. (c) All Coverages: (i) Notice Requirement. Each insurance policy required by this Agreement shall be endorsed to state that coverage shall not be suspended, voided, or canceled except after thirty (30) calendar days prior written notice (or 10 calendar days if due to non-payment) has been given to the City. The City Construction Services Agreement I Version 1.0 reserves the right to accept alternate notice terms and provisions, provided they meet the minimum requirements under Georgia law. (ii) Starting and Ending Dates. Policies shall have concurrent starting and ending dates. (iii) Incorporation of Indemnification Obligations. Policies shall include an endorsement incorporating the indemnification obligations assumed by the Contractor under the terms of this Agreement, including but not limited to Section 7(0) of this Agreement. (5) Acceptability of Insurers: The insurance to be maintained by Contractor must be issued by a company licensed or approved by the Insurance Commissioner to transact business in the State of Georgia. Such insurance shall be placed with insurer(s) with an A.M. Best Policyholder's rating of no less than "A-" and with a financial rate of Class VII or greater. The Contractor shall be responsible for any delay resulting from the failure of its insurer to provide proof of coverage in the proscribed form. (6) Verification of Coverage: Contractor shall furnish to the City for City approval certificates of insurance and endorsements to the policies evidencing all coverage required by this Agreement prior to the start of work. Without limiting the general scope of this requirement, Contractor is specifically required to provide an endorsement naming the City as an additional insured when required. The certificates of insurance and endorsements for each insurance policy are to be on a form utilized by Contractor's insurer in its normal course of business and are to be signed by a person authorized by that insurer to bind coverage on its behalf, unless alternate sufficient evidence of their validity and incorporation into the policy is provided. The City reserves the right to require complete, certified copies of all required insurance policies at any time. The Contractor shall provide proof that any expiring coverage has been renewed or replaced prior to the expiration of the coverage. (7) Subcontractors: Contractor shall either (1) ensure that its insurance policies (as described herein) cover all subcontractors and the Work performed by such subcontractors or (2) ensure that any subcontractor secures separate policies covering that subcontractor and its Work. All coverage for subcontractors shall be subject to all of the requirements stated in this Agreement, including, but not limited to, naming the Insured Parties as additional insureds. (8) Claims -Made Policies: Contractor shall extend any claims -made insurance policy for at least six (6) years after termination or final payment under the Construction Services Agreement I Version 1.0 Agreement, whichever is later, and have an effective date which is on or prior to the Effective Date. (9) Progress Pam: The making of progress payments to the Contractor shall not be construed as relieving the Contractor or its subcontractor or insurance carriers from providing the coverage required in this Agreement. Q. Bonds. In public works construction contracts valued at more than one hundred thousand dollars ($100,000.00) or road construction/maintenance contracts valued at five thousand dollars ($5,000.00) or more, or in any other instance where the City has elected to include such bond requirements as exhibits to this Agreement, the Contractor shall provide Performance and Payment bonds on the forms attached hereto as "Exhibits DA and D.2" and with a surety licensed to do business in Georgia and listed on the Treasury Department's most current list (Circular 570 as amended). The bonds shall be for 100% of the Maximum Contract Price. Upon the request of any person or entity appearing to be a potential beneficiary of bonds covering payment of obligations arising under this Agreement, the Contractor shall promptly furnish a copy of the bonds or shall permit a copy to be made. R. Assignment of Agreement. The Contractor 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. As to any approved subcontractors, the Contractor shall be solely responsible for reimbursing them, and the City shall have no obligation to them. S. Employment of Unauthorized Aliens Prohibited — E -Verify Affidavit. Pursuant to O.C.G.A. § 13-10-91, the City shall not enter into a contract for the physical performance of services unless: (1) the Contractor shall provide evidence on City -provided forms, attached hereto as "Exhibits G.1 and G.2" (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 its subcontractors have registered with, are authorized to use and use the federal work authorization program commonly known as E -Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91, and that they will continue to use the federal work authorization program throughout the contract period, or (2) the Contractor provides evidence that it is not required to provide an affidavit because it is an individual licensed pursuant to Title 26 or Title 43 or by the State Bar of Georgia and is in good standing. The Contractor hereby verifies that it has, prior to executing this Agreement, executed a notarized affidavit, the form of which is provided in "Exhibit G.1", and submitted such affidavit to City or provided the City with evidence that it is an individual not required to provide such an affidavit because it is licensed and in Construction Services Agreement I Version 1.0 good standing as noted in sub -subsection (2) above. Further, Contractor hereby agrees to comply with the requirements of the federal Immigration Reform and Control Act of 1986 (IRCA), P.L. 99-603, O.C.G.A. § 13-10-91 and Georgia Department of Labor Rule 300-10-1-.02. In the event the Contractor employs or 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 G.2", 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 sub -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 from any subcontractor. Where Contractor is required to provide an affidavit pursuant to O.C.G.A. § 13-10- 91, the City Manager or his/her designee shall be authorized to conduct an inspection of the Contractor's and Contractor's subcontractors' verification process at any time to determine that the verification was correct and complete. 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. Further, where Contractor is required to provide an affidavit pursuant to O.C.G.A. § 13-10-91, the City Manager or his/her designee shall further be authorized to conduct periodic inspections to ensure that no City Contractor or Contractor's subcontractors employ unauthorized aliens on City contracts. By entering into a contract with the City, the Contractor and Contractor's subcontractors agree to cooperate with any such investigation by making their records and personnel available upon reasonable notice for inspection and questioning. Where a Contractor or Contractor's subcontractors are found to have employed an unauthorized alien, the City Manager or his/her designee may report same to the Department of Homeland Security. The Contractor's failure to cooperate with the investigation may be sanctioned by termination of the contract, and the Contractor shall be liable for all damages and delays occasioned by the City thereby. Contractor agrees that the employee -number category designated below is applicable to the Contractor. [DESIGNATE/MARK APPROPRIATE CATEGORY] 500 or more employees. 100 or more employees. _X 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 Construction Services Agreement I Version 1.0 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. T. Records, Reports and Audits. (1) Records: (a) Books, records, documents, account legers, data bases, and similar materials relating to the Work performed for the City under this Agreement ("Records") shall be established and maintained by the Contractor in accordance with applicable law and requirements prescribed by the City with respect to all matters covered by this Agreement. Except as otherwise authorized or required, such Records shall be maintained for at least three (3) years from the date that final payment is made to Contractor by City under this Agreement. Furthermore, Records that are the subject of audit findings shall be retained for three (3) years or until such audit findings have been resolved, whichever is later. (b) All costs claimed or anticipated to be incurred in the performance of this Agreement shall be supported by properly executed payrolls, time records, invoices, contracts, or vouchers, or other official documentation evidencing in proper detail the nature and propriety of the charges. All checks, payrolls, invoices, contracts, vouchers, orders, or other accounting documents pertaining in whole or in part to this Agreement shall be clearly identified and readily accessible. (2) Reports and Information: Upon request, the Contractor shall furnish to the City any and all Records in the form requested by the City. All Records stored on a computer database must be of a format compatible with the City's computer systems and software. (3) Audits and Inspections: At any time during normal business hours and as often as the City may deem necessary, Contractor shall make available to the City or City's representative(s) for examination all Records. The Contractor will permit the City or City's representative(s) to audit, examine, and make excerpts or transcripts from such Records. Contractor shall provide proper facilities for City or City's representative(s) to access and inspect the Records, or, at the request of the City, shall make the Records available for inspection at the City's office. Further, Contractor shall permit the City or City's representative(s) to observe and inspect any or all of Contractor's facilities and activities during normal hours of business for the Construction Services Agreement I Version 1.0 purpose of evaluating Contractor's compliance with the terms of this Agreement. In such instances, the City or City's representative(s) shall not interfere with or disrupt such activities. U. 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. The Contractor agrees that confidential information it receives or such reports, information, opinions, or conclusions that Contractor creates under this Agreement shall not be made available to, or discussed with, any individual or organization, including the news media, without prior written approval of the City. Contractor shall exercise reasonable precautions to prevent the unauthorized disclosure and use of City information whether specifically deemed confidential or not. Contractor acknowledges that the City's disclosure of documentation is governed by Georgia's Open Records Act, and Contractor further acknowledges that, if Contractor submits records containing trade secret information and if Contractor wishes to keep such records confidential, Contractor must submit and attach to such records an affidavit affirmatively declaring that specific information in the records constitutes trade secrets pursuant to Article 27 of Chapter 1 of Title 10, and the Parties shall follow the requirements of O.C.G.A. § 50-18-72(a)(34) related thereto. V. Licenses, Certifications and Permits. The Contractor covenants and declares that it has obtained 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 contracted for under this Agreement; provided that some permits or licenses related to the Project may be obtained as part of the Work and shall be obtained as required. The Contractor shall secure and pay for the building permit and other permits and governmental fees, licenses and inspections necessary for proper execution and completion of the Work, which are customarily secured after execution of the Agreement and which are legally required. Contractor shall furnish copies of such permits, licenses, etc. to the City within ten (10) days after issuance. W. Key Personnel. All of the individuals identified in "Exhibit J", attached hereto, are necessary for the successful completion of the Work due to their unique expertise and depth and breadth of experience. There shall be no change in Contractor's Project Manager or members of the Project team, as listed in "Exhibit J", without written approval of the City. Contractor recognizes that the composition of this team was instrumental in the City's decision to award the Work to Contractor and that compelling reasons for substituting these individuals must be demonstrated for the City's consent to be granted. Any substitutes shall be persons of comparable or superior expertise and experience. Failure to comply with the provisions of this paragraph shall constitute a material breach of Contractor's obligations under this Agreement and shall be grounds for termination. Construction Services Agreement I Version 1.0 X. Authority to Contract. The Contractor covenants and declares that it has obtained all necessary approvals of its board of directors, stockholders, general partners, limited partners, or similar authorities to simultaneously execute and bind Contractor to the terms of this Agreement, if applicable. Y. 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 to be performed by the Contractor ("Materials") shall be the property of the City, and the City shall be entitled to full access and copies of all Materials in the form prescribed by the City. Any Materials remaining in the hands of the Contractor or subcontractor upon completion or termination of the Work shall be delivered immediately to the City whether or not the Project or Work is commenced or completed, provided, however, that Contractor may retain a copy of any deliverables for its records. The Contractor assumes all risk of loss, damage or destruction of or to Materials. If any Materials are lost, damaged, or destroyed before final delivery to the City, the Contractor shall replace them at its own expense. 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. Z. 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 8. Covenants of the City A. Right of Entry. The City shall provide for right of entry for Contractor and Contractor's equipment as required for Contractor to complete the Work; provided that Contractor shall not unreasonably encumber the Project site(s) with materials or equipment. B. City's Representative. Kathleen Field shall be authorized to act on the City's behalf with respect to the Work as the City's designated representative on this Project; provided that any changes to the Work or the terms of this Agreement must be approved as provided in Section 6 above. Section 9. Final Project Documents; Warranty Construction Services Agreement I Version 1.0 A. Final Project Documents. Prior to final payment, Contractor shall deliver to City a written assignment of all warranties, guaranties, certificates, permits, and other documents, including without limitation, all contractors' and manufacturers' warranties. At such time, Contractor shall also deliver to the City copies of all as - built drawings, operations, and maintenance manuals, and any other pertinent documents relating to the construction and operation of the Work that is not otherwise in the possession of the City. B. Warranty. The Contractor warrants to the City and the Contract Administrator that materials and equipment furnished under the Agreement will be of good quality and new, unless otherwise required or permitted by the Contract Documents, that the Work will be free from defects not inherent in the quality required or permitted, and that the Work will conform to the requirements of the Contract Documents. Work not conforming to these requirements, including substitutions not properly approved and authorized, is considered defective. This warranty excludes remedy for damage or defect caused by abuse by the City or modifications to the Work not executed by the Contractor or an employee/subcontractor/sub-subcontractor thereof. Except as may be otherwise specified or agreed, the Contractor shall repair or replace all defects in materials, equipment, or workmanship appearing within one year(s) (the "Warranty Period") from the date of Final Completion (as defined in "Exhibit I", attached hereto and incorporated herein by reference) at no additional cost to the City. An inspection shall be conducted by the City or its representative(s) near the completion of the respective Warranty Period to identify any issues that must be resolved by the Contractor. Expiration of any Warranty Period or Maintenance Period shall not affect the Contractor's continued liability under an implied warranty of merchantability and fitness. All warranties implied by law, including fitness for a particular purpose and suitability, are hereby preserved and shall apply in full force and effect beyond any Warranty Period. Section 10. Termination A. For Convenience. The City may terminate this Agreement for convenience at any time upon providing written notice thereof to Contractor at least seven (7) calendar days in advance of the termination date. B. For Cause. The Contractor shall have no right to terminate this Agreement prior to completion of the Work, except in the event of City's failure to pay the Contractor within thirty (30) calendar days of Contractor providing the City with notice of a delinquent payment and an opportunity to cure. The City may terminate this Agreement for cause as provided in Section 11 of this Agreement. The City shall give Contractor at least seven (7) calendar days' written notice of its intent to terminate the Agreement for cause and the reasons therefor, and if Contractor, or its Surety, fails to cure the default within that period, the termination shall take place without further notice. The City shall then make alternative arrangements for Construction Services Agreement I Version 1.0 completion of the Project. C. Statutory Termination. In compliance with O.C.G.A. § 36-60-13, this Agreement shall be deemed terminated as provided in Section 4(A) of this Agreement. Further, this Agreement shall terminate immediately and absolutely at such time as appropriated or otherwise unobligated funds are no longer available to satisfy the obligation of the City. D. Payment. Provided that no damages are due to the City for Contractor's failure to perform in accordance with this Agreement, and except as otherwise provided herein, the City shall, upon termination for convenience or statutory termination, pay Contractor for Work performed prior to the date of termination in accordance with Section 5 herein. The City shall have no further liability to Contractor for such termination. At its sole discretion, the City may pay Contractor for additional value received as a result of Contractor's efforts, but in no case shall said payment exceed any remaining unpaid portion of the Maximum Contract Price. If this Agreement is terminated for cause, the City will make no further payment to the Contractor or its Surety until the Project is completed and all costs of completing the Project are paid. If the unpaid balance of the amount due the Contractor, according to this Agreement, exceeds the cost of finishing the Project, City shall provide payment to the Contractor (or its Surety) for services rendered and expenses incurred prior to the termination date, provided that such payment shall not exceed the unpaid balance of the amount otherwise payable under this Agreement minus the cost of completing the Project. If the costs of completing the Project exceed the unpaid balance, the Contractor or its Surety shall pay the difference to the City. E. Assumption of Contracts. The City reserves the right in termination for cause to take assignment of all contracts between the Contractor and its subcontractors, vendors, and suppliers. The City will promptly notify the Contractor of the contracts the City elects to assume. Upon receipt of such notice, the Contractor shall promptly take all steps necessary to effect such assignment. F. Conversion to Termination for Convenience. If the City terminates this Agreement for cause and it is later determined that the City did not have grounds to do so, the termination will be converted to and treated as a termination for convenience under the terms of Section 10(A) above. G. Requirements Upon Termination. Upon termination, the Contractor shall: (1) promptly discontinue all services, cancel as many outstanding obligations as possible if requested to do so by the City, and not incur any new obligations, unless the City directs otherwise; and (2) promptly deliver to the City all data, drawings, reports, summaries, and such other information and materials as may have been generated or used by the Contractor in performing this Agreement, whether completed or in process, in the form specified by the City. Construction Services Agreement I Version 1.0 H. Reservation of Rights and Remedies. The rights and remedies of the City and the Contractor provided in this Section are in addition to any other rights and remedies provided under this Agreement or at law or in equity. Section 11. City's Rilzhts; Contractor Default A. City Rights Related to the Work. (i) City's Right to Stop the Work. If the Contractor fails to correct Work which is not in accordance with the requirements of the Contract Documents, as required by the Contract Administrator, or persistently fails to carry out Work in accordance with the Contract Documents, the City may issue a written order to the Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, the right of the City to stop the Work shall not give rise to a duty on the part of the City to exercise this right for the benefit of the Contractor or any other person or entity. Such a stoppage of Work shall not extend the Expected Date of Final Completion of the Work. (ii) City's Right to Carry Out the Work. If the Contractor defaults or neglects to carry out the Work in accordance with the Contract Documents and fails within a seven (7) calendar day period after receipt of written notice from the City to commence and/or continue correction of such default or neglect with diligence and promptness, the City may, without prejudice to other remedies the City may have, correct such deficiencies. In such case, an appropriate Change Order shall be issued deducting from payments then or thereafter due the Contractor the reasonable cost of correcting such deficiencies, including City's expenses and compensation for the Architect/Engineer's and/or Contract Administrator's additional services (if any) made necessary by such default, neglect or failure. If payments then or thereafter due the Contractor are not sufficient to cover such amounts, the Contractor shall pay the difference to the City. B. Contractor Default. For the purposes of this Agreement, Contractor shall be in default if any of the following occur during the Term of this Agreement: (a) a failure to fulfill in a timely and proper manner Contractor's obligations under this Agreement; (b) Contractor violates any of the material provisions, agreements, representations or covenants of this Agreement or any applicable city, state, or federal laws, which do not fall within the force majeure provisions of this Agreement; (c) the Contractor becomes insolvent or unable to pay its debts as they mature, or makes an assignment for the benefit of creditors, or files a bankruptcy petition under the United States Bankruptcy Code; or (d) Contractor is the subject of a judgment or order for payment of money, which judgment or order exceeds $100,000 and is no longer subject to appeal or, in the opinion of the City, would be fruitless to appeal and where (i) such judgment or order shall continue un -discharged or unpaid for a period of thirty (30) calendar days, (ii) an insurer acceptable to the City has not acknowledged that such judgment or order is fully covered by a relevant policy of insurance, or (iii) the City is otherwise reasonably satisfied that such judgment or order is not likely to be satisfied or complied with within sixty (60) calendar days of its issuance. Construction Services Agreement I Version 1.0 In the event of Contractor's default under this Agreement, the City shall send written notice to the Contractor setting forth the specific instances of the default and providing the Contractor with at least seven (7) calendar days to cure or otherwise remedy the default to the reasonable satisfaction of the City. If the default is not remedied during the stated cure period, then the City may, at its election: (a) in writing terminate the Agreement in whole or in part; (b) cure such default itself and charge the Contractor for the costs of curing the default against any sums due or which become due to the Contractor under this Agreement; and/or (c) pursue any other remedy then available, at law or in equity, to the City for such default. Section 12. Construction Administration If a Contract Administrator other than the City has been hired in relation to the Project, the Contract Administrator's administration of the construction of the Project shall be as described in "Exhibit K", attached hereto. The Contractor agrees to the construction administration provisions contained in "Exhibit K." Section 13. Miscellaneous A. Complete Agreement. This Agreement, including all of the Contract Documents, constitutes the complete agreement between the Parties and supersedes any and all other agreements, either oral or in writing, between the Parties with respect to the subject matter of this Agreement. No other agreement, statement, or promise relating to the subject matter of this Agreement not contained in this Agreement or the Contract Documents shall be valid or binding. This Agreement may be modified or amended only by a written document signed by representatives of both. Parties with appropriate authorization. B. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Georgia without regard to choice of law principles. If any action at law or in equity is brought to enforce or interpret the provisions of this Agreement, the rules, regulations, statutes and laws of the State of Georgia will control. Any action or suit related to this Agreement shall be brought in the Superior Court of Fulton County, Georgia or the U.S. District Court for the Northern District of Georgia — Atlanta Division, and Contractor submits to the jurisdiction and venue of such court. C. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original, but all of which together shall constitute one and the same instrument. D. Invalidity of Provisions; Severability. 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 Construction Services Agreement I Version 1.0 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. E. Business License. Prior to commencement of the Work to be provided hereunder, Contractor shall apply to the City for a business license, pay the applicable business license fee, and maintain said business license during the Term of this Agreement, unless Contractor provides evidence that no such license is required. F. Notices. (1) Communications Relating to Day -to -Day Activities. All communications relating to the day-to-day activities of the Work shall be exchanged between Kathleen Field for the City and David Kapiloff for the Contractor. (2) Oficial Notices. All other notices, requests, demands, writings, or correspondence, as required by this Agreement, shall be in writing and shall be deemed received, and shall be effective, when (1) personally delivered, or (2) on the third 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 given below, or at a substitute address previously furnished to the other Party by written notice in accordance herewith: NOTICE TO CITY shall be sent to: City of Milton Attn: City Manager 2006 Heritage Walk Milton, Georgia 30004 NOTICE TO CONTRACTOR shall be sent to: CIB International d/b/a CanAm Signs & Imaging 826 Curie Dr Alpharetta GA 30005 G. Waiver of Agreement. No failure by the City to enforce any right or power granted under this Agreement, or to insist upon strict compliance by Contractor with this Agreement, and no custom or practice of the City at variance with the terms and conditions of this Agreement shall constitute a general waiver of any future breach or default or affect the City's right to demand exact and strict compliance by Contractor with the terms and conditions of this Agreement. Further, no express Construction Services Agreement I Version 1.0 waiver shall affect any term or condition other than the one specified in such waiver, and that one only for the time and manner specifically stated. H. Survival. All sections of this Agreement which by their nature should survive termination will survive termination, including, without limitation, confidentiality obligations, warranties, and insurance maintenance requirements. I. Sovereign Immunity. Nothing contained in this Agreement shall be construed to be a waiver of the City's sovereign immunity or any individual's qualified good faith or official immunities. J. No Personal Liability. Nothing herein shall be construed as creating any individual or personal liability on the part of any of City's elected or appointed officials, officers, boards, commissions, employees, representatives, consultants, servants, agents, attorneys or volunteers. No such individual shall be personally liable to the Contractor or any successor in interest in the event of any default or breach by the City or for any amount which may become due to the Contractor or successor or on any obligation under the terms of this Agreement. Likewise, Contractor's performance of services under this Agreement shall not subject Contractor's individual employees, officers, or directors to any personal liability, except where Contractor is a sole proprietor. The Parties agree that their sole and exclusive remedy, claim, demand, or suit shall be directed and/or asserted only against Contractor or the City, respectively, and not against any elected or appointed official, officers, boards, commissions, employees, representatives, consultants, servants, agents, attorneys and volunteers. K. Force Majeure. Neither the City nor Contractor shall be liable for their respective non -negligent or non -willful failure to perform or shall be deemed in default with respect to the failure to perform (or cure a failure to perform) any of their respective duties or obligations under this Agreement or for any delay in such performance due to: (i) any cause beyond their respective reasonable control; (ii) any act of God; (iii) any change in applicable governmental rules or regulations rendering the performance of any portion of this Agreement legally impossible; (iv) earthquake, fire, explosion, or flood; (v) strike or labor dispute, excluding strikes or labor disputes by employees and/or agents of Contractor; (vi) delay or failure to act by any governmental or military authority; or (vii) any war, hostility, embargo, sabotage, civil disturbance, riot, insurrection, or invasion. In such event, the time for performance shall be extended by an amount of time equal to the period of delay caused by such acts, and all other obligations shall remain intact. L. Headings. 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. M. No Third Party Rights. This Agreement shall be exclusively for the benefit of the Parties and shall not provide any third parties with any remedy, claim, liability, reimbursement, cause of action or other right. Construction Services Agreement I Version 1.0 N. Successors and Assigns. Subject to the provision of this Agreement regarding assignment, each Party binds itself, its partners, successors, assigns, and legal representatives to the other Party hereto, its partners, successors, assigns, and legal representatives with respect to all covenants, agreements, and obligations contained in the Contract Documents. O. Agreement Construction and Interpretation. Contractor represents that it has reviewed and become familiar with this Agreement and has notified the City of any discrepancies, conflicts or errors in the Contract Documents. The Parties hereto agree that, if an ambiguity or question of intent or interpretation arises, this Agreement is to be construed as if the Parties had drafted it jointly, as opposed to being construed against a Party because it was responsible for drafting one or more provisions of the Agreement. In the interest of brevity, the Contract Documents may omit modifying words such as "all" and "any" and articles such as "the" and "an," but the fact that a modifier or an article is absent from one statement and appears in another is not intended to affect the interpretation of either statement. P. Material Condition. Each term of this Agreement is material, and Contractor's breach of any term of this Agreement shall be considered a material breach of the entire Agreement and shall be grounds for termination or exercise of any other remedies available to the City at law or in equity. Q. Use of Singular and Plural. Words or terms used as nouns in the Agreement shall be inclusive of their singular and plural forms, unless the context of their usage clearly requires contrary meaning. IN WITNESS WHEREOF, the City and the Contractor have executed this Agreement effective as of the Effective Date first above written. [SIGNATURES ON FOLLOWING PAGE] Construction Services Agreement I Version 1.0 CITY OF MILTON, GEORGIA By: Joe Lockwood, Mayor [CITY SEAL] Attest: Print Name: Sudie Gordon Its: City Clerk Approved as to form: City Attorney CONTRACTOR: C International, Inc. d/b/a CanAm Signs &Imaging By: Print Name: Lyon Bodzy Its: President/Vice President (Corporation) Cleo [CORPORATE SEAL] (required if corporation) AttestlWitness: Print Name: Catalina Bodzy Its: ((Assistant) Corporate Secretary if corporation) Construction Services Agreement I Version 1.0 "EXHIBIT A" HOME OF' CITY OF MILTON M I LTON INVITATION TION TO BID ESTABLISHED 2006 (THIS IS NOT AN ORDER) Bid Number: Project Name: 17-CD02 Milton Downtown Wayfinding Signage Project Due Date and Time: City of Milton February 28, 2017 Number of Pages: 126 Local Time: 2:00pm 13000 Deerfield Pkwy Suite 107F Milton, Ga. 30004 ISSUING DEPARTMENT INFORMATION Issue Date: January 26, 2017 City of Milton Community Development Department Phone: 678-242-2500 13000 Deerfield Pkwy, Suite 107F Fax: 678-242-2499 Mutton, Ca. 30004 Website: www.cityofmiltongo.us INSTRUCTIONS TO BIDDERS Return Submittal to: Mark Face of Envelope/Package: Bid Number: 17-CD02 City of Milton Name of Company or Firm Attn: Honor Motes, Purchasing Office 13000 Deerfield Pkwy Suite 107F Milton, Ga. 30004 Special Instructions: Deadline for Written Questions February 10, 2017 at 5:00 pm Email questions to Honor Motes at honor. motes@cityofmilton a.us BIDDERS MUST COMPLETE THE FOLLOWING Bidder Name/Address: Authorized Bidder Signatory: (Please print name and sign in ink) Bidder Phone Number: Bidder FAX Number: Bidder Federal I.D. Number: Bidder E-mail Address: BIDDERS MUST RETURN THIS COVER SHEET WITH BID RESPONSE ITB 17-CD02 1 I P o g Table of Contents Topic Page Definitions 3 Invitation to Bid 4 Schedule of Events 6 Bidding Instructions (What must be submitted) 7 Insurance/Bond Requirements 8 Bid Form and Addenda Acknowledgement 13 Bid Bond (3 pages) 15 Qualifications Signature and Certification 18 Corporate Certificate 18 List of Subcontractors 19 Contractor Affidavit and Agreement (eVerify) 20 Disclosure Form 21 Project Specifications 22 Scope of Work - Exhibit "A": Wayfinding Environmental Graphics 25 Sample Contract Agreement 27 ITB 17-CD02 2 1 Page COMPW: City of Milton Public Works Department GDOT: Georgia Department of Transportation ENGINEER: The City of Milton Director of Public Works or a duly authorized representative. ADA: Americans with Disabilities Act EA: Each GAL: Gallon LF: Lineal Feet LS: Lump Sum SY: Square Yard TN: Ton MUTCD: Manual on Uniform Traffic Control Devices OSHA: Occupational Safety and Health Administration FHWA: Federal Highway Administration AASHTO: American Association of State Highway and Transportation Officials ITB 17-CD02 3 1 Page HOME OF' 1E BEST QUALITY OF LIFE IN GEORGIi ' N[IITON% ESTABLISHED 2006 Invitation to Bid 17-CD02 The City of Milton is accepting sealed bids from qualified firms for the Milton Downtown Wayfinding Signage Project. All work will be done in accordance with the specifications in this document for the construction and completion of the work required. All bidders must comply with all general and special requirements of the bid information and instructions enclosed herein. Sealed bids will be received no later than 2:00 PM Local Time on February 28, 2017. Sealed bids shall be submitted to: City of Milton Attn: Honor Motes, Purchasing Office, 13000 Deerfield Pkwy Suite 107F, Milton, Ga. 30004. At approximately 2:10 PM Local Time on the day bids are received the bids will be publicly opened and the bidder's name and total bid amount will be read aloud at: City of Milton Courthouse, 13000 Deerfield Parkway Suite 107E Milton, GA 30004. Bids received after the above time or in any other location other than the Purchasing Office will not be accepted. Bids shall be presented in a sealed envelope with the bid number (17-CD02) and the name of the company or firm submitting clearly marked on the outside of the envelope. ONE (1) ORIGINAL (PAPER) AND TWO (2) COPIES (PAPER) AND A PDF COPY OF THE BID ON CD MUST BE SUBMITTED. Bids will not be accepted verbally, by fax, or email. Questions must be in writing. For questions, please email Honor Motes at honor.motes@cityofmiltonga.us. Deadline for questions February 110, 20117 at 5:00pm. Official answers to questions and potential changes to the ITB (Addendums) will be posted at the some web locations as the ITB on or about February 16, 2017. Any other form of interpretation, correction, or change to this ITB will not be binding upon the City. It is the bidder's responsibility to check the websites for potential updates. Please refer to Bid (17-CD02) and bid name (Milton Downtown Wayfinding Signage Project) when requesting information. The City of Milton reserves the right to reject any or all bids and to waive technicalities and informalities, and to make award in the best interest of the City of Milton. ITB 17-CD02 4 1 Page The selected contractor must be able to start work within ten (10) calendar days after the "Notice to Proceed" is issued. The time of completion for the project is fifteen (15) weeks from the date of the "Notice to Proceed". ITB 17-CD02 5 1 Page SCHEDULE OF EVENTS FOR REFERENCE ONLY - DO NOT SUBMIT WITH BID RESPONSE EVENT ITB Issue Date Deadline for Receipt of Written Questions DATE January 26, 2017 5 PM on February 10, 2017 Posting of Written Answers by City to Websites on or about February 16, 2017 ITB DUE No Later than 2 PM on February 28, 2017 NOTE: PLEASE CHECK THE CITY WEBSITE (http://www.cityofmiltongo.us) OR THE DOAS WEBSITE (http://ssl.doos.state.ga.us/PRSapp/PR_index.jsp) FOR ADDENDA AND SCHEDULE UPDATES. ITB 17-CD02 6 1 Page BIDDING INSTRUCTIONS FAILURE TO RETURN THE FOLLOWING BID DOCUMENTS COULD RESULT IN THE BID BEING DEEMED NON-RESPONSIVE AND BEING REJECTED: Item Description Page(s) 1 Filled out and Signed Invitation to Bid 1 2 Bid Form and Addenda Acknowledgement (2 pages) 13-14 3 Bid Bond (3 pages) 15-17 4 Qualifications Signature and Certification 18 5 List of Subcontractors 19 6 Contractor Affidavit and Agreement (eVerify) 20 7 Disclosure Form 21 8 Bid Submittal Form 27 9 Qualification sheet listing three previous projects of similar size and scope and references Use your own form INFORMATION AND INSTRUCTIONS The purpose of this solicitation is to enter into a lump sum "purchasing contract" with one firm to be the primary supplier of the Milton Downtown Wayfinding Signage Project. No specification expressed or implied shall be construed as any type of restrictive specification that would limit competition. Unless clearly shown as "no substitute" or any words to that effect, any items in these contract documents which have been identified, described or referenced by a brand name or trade name are for reference only. Such identification is intended to be descriptive but not restrictive and is to indicate the general quality and characteristics of products that may be offered. Each bid item for which an equivalent item is proposed must be individually identified on the bid sheet with the following information: brand name, model or manufacturer's number or identification regularly used in the trade. Photographs, specifications and cut sheets shall be provided of the proposed alternative. The City shall be the sole judge of the suitability of the proposed alternative and may consider function, design, materials, construction, workmanship, finishes, operating features, overall quality, local service facilities, warranty terms and service or other relevant features. ITB 17-CD02 7 1 Page The City reserves the right to cancel the contract at any time with 30 days written notice. Title to any supplies, materials, equipment or other personal property shall remain the Contractors' until fully paid for by the City. All items to be bid FOB, Milton, Georgia. No sales taxes are to be charged. Any damage to any property, building, traffic control device, or equipment incurred during the course of work shall be repaired at the contractor's expense to the complete satisfaction of the City of Milton with no additional expense to the City. EVALUATION The City intends to evaluate the ITB on the lowest, best, responsible, and responsive vendor. Bids may be found nonresponsive at any time during the evaluation or contract process, if any of the required information is not provided; the submitted price is found to be inadequate; or the proposal is not within the specifications described and required in the ITB. If a bid is found to be non- responsive or non-qualified, it will not be considered further. INSURANCE REQUIREMENTS Within 10 days of Notice of Award, and at all times that this Contract is in force, the Contractor shall obtain, maintain and furnish the City Certificates of Insurance from licensed companies doing business in the State of Georgia with an A.M. Best Rating A-6 or higher and acceptable to the City. Within 10 days of Notice of Award, and at all times that this Contract is in force, the Contractor shall obtain, maintain and furnish the City Certificates of Insurance from licensed companies doing business in the State of Georgia with an A.M. Best Rating A-6 or higher and acceptable to the City. Insurance requirements are provided below and included in the CONTRACT AGREEMENT (Section 7.K). (1) Requirements: The Contractor shall have and maintain in full force and effect for the duration of this Agreement, insurance insuring against claims for injuries to persons or damages to property which may arise from or in ITB 17-C D02 8 1 Page connection with the performance of the Work by the Contractor, its agents, representatives, employees or subcontractors. All policies shall be subject to approval by the City Attorney as to form and content. These requirements are subject to amendment or waiver if so approved in writing by the City. (2) Minimum Limits of Insurance: Contractor shall maintain the following insurance policies with limits no less than: (a) Comprehensive General Liability of $1,000,000 (one million dollars) limit per single occurrence, $2,000,000 (two million dollars) umbrella, including coverage for bodily and personal injury, sickness, disease or death, injury to or destruction of property, including loss of use resulting therefrom, vandalism, property loss and theft. (b) Comprehensive Automobile Liability (owned, non -owned, hired) of $1,000,000 (one million dollars) combined single limit per occurrence for bodily and personal injury, sickness, disease or death, injury to or destruction of property, including loss of use resulting therefrom. (c) Workers' Compensation limits as required by the State of Georgia and Employers Liability limits of $1,000,000 (one million dollars) per accident. (3) Deductibles and Self -Insured Retentions: Any deductibles or self-insured retentions must be declared to and approved by the City in writing. (4) Other Insurance Provisions: The policy is to contain, or be endorsed to contain, the following provisions: (a) General Liability and Automobile Liability Coverage. (i) The City and City Parties are to be covered as insureds. The coverage shall contain no special limitations on the scope of protection afforded to the City or City Parties. (ii) The Contractor's insurance coverage shall be primary noncontributing insurance as respects to any other insurance or self-insurance available to the City or City Parties. Any insurance or self-insurance maintained by the City or City Parties shall be in excess of the Contractor's insurance and shall not contribute with it. ITB 17-CD02 9 1 Page (iii) Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City or City Parties. (iv) Coverage shall state that the Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (v) Coverage shall be provided on a "pay on behalf" basis, with defense costs payable in addition to policy limits. There shall be no cross liability exclusion. (vi) The insurer agrees to waive all rights of subrogation against the City and City Parties for losses arising from Work performed by the Contractor for the City for General Liability coverage only. (b) Workers' Compensation Coverage: The insurer providing Workers' Compensation Coverage will agree to waive all rights of subrogation against the City and City Parties for losses arising from Work performed by the Contractor for the City. (c) All Coverages: (i) Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled, reduced in coverage or in limits except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. (ii) Policies shall have concurrent starting and ending dates. (5) Acceptability of Insurers: Insurance is to be placed with insurers authorized to do business in the State of Georgia and with an A.M. Bests' rating of no less than A:VI. (6) Verification of Coverage: Contractor shall furnish the City with certificates of insurance and endorsements to the policies evidencing coverage required by this clause prior to the start of Work. The certificate of insurance and endorsements shall be on a form utilized by Contractor's insurer in its normal course of business and shall be received and ITB 17-CD02 10 1 Page approved by the City within ten (10) days of the Notice of Award. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. The Contractor shall provide proof that any expiring coverage has been renewed or replaced at least two (2) weeks prior to the expiration of the coverage. (7) Subcontractors: Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverage for subcontractors shall be subject to all of the requirements stated in this Agreement, including but not limited to naming the Parties as additional insureds. (8) Claims -Made Policies: Contractor shall extend any claims -made insurance policy for at least six (6) years after termination or final payment under the Agreement, whichever is later. (9) City as Additional Insured and Loss Payee: The City shall be named as an additional insured and loss payee on all policies required by this Agreement, except the City need not be named as an additional insured and loss payee on any Workers' Compensation policy. BONDING REQUIREMENTS Each bid must be accompanied with a BID BOND (bond only: certified checks or other forms are not acceptable) in an amount equal to five percent (5%) of the base bid, payable to the City of Milton. Said bid bond guarantees the bidder will enter into a contract to construct the project strictly within the terms and conditions stated in this bid and in the bidding and contract documents, should the construction contract be awarded. The Successful Bidder shall be required to furnish PAYMENT AND PERFORMANCE BONDS for the faithful performance on the contract and a bond to secure payment of all claims for materials furnished and/or labor performed in performance of the project, both in amounts equal to one hundred percent (100%) of the base bid price. Bonds shall be issued by a corporate surety appearing on the Treasury Department's most current list (Circular 570 as amended) and be authorized to ITB 17-CD02 11 1 Page do business in the State of Georgia. Bonds shall be on the forms provided by the City and subject to the review and approval of the City Attorney. Date of Bond must not be prior to date of Contract. If Contractor is a Partnership, all partners shall execute Bond. Prior to commencing the Work, the successful bidder shall execute a written oath as required by O.C.G.A. § § 32-4-122 and 36-91-21(e). COST OF PREPARING A BID The costs for developing and delivering responses to this ITB and any subsequent presentations of the proposal as requested by the City are entirely the responsibility of the bidder. The City is not liable for any expense incurred by the bidder in the preparation and presentation of their proposal. All materials submitted in response to this ITB become the property of the City of Milton. ITB 17-CD02 12 1 Page HOME OF ' MILTON ESTABLISHED 2006 [BIDDERS MUST RETURN THIS FORM WITH BID RESPONSE] BID FORM and ADDENDA ACKNOWLEDGEMENT TO: PURCHASING OFFICE CITY OF MILTON MILTON, GEORGIA 30004 Ladies and Gentlemen: In compliance with your Invitation To Bid, the undersigned, hereinafter termed the Bidder, proposes to enter into a Contract with the City of Milton, Georgia, to provide the necessary machinery, tools, apparatus, other means of construction, and all materials and labor specified in the Contract Documents or as necessary to complete the Work in the manner therein specified within the time specified, as therein set forth, for: Bid Number 17-CD02 Milton Downtown Wayfinding Signage Project The Bidder has carefully examined and fully understands the Contract, Specifications, and other documents hereto attached, has made a personal examination of the Site of the proposed Work, has satisfied himself as to the actual conditions and requirements of the Work, and hereby proposes and agrees that if his bid is accepted, he will contract with the City of Milton in full conformance with the Contract Documents. Unless otherwise directed, all work performed shall be in accordance with the Georgia Department of Transportation Standard Specifications, Construction of Transportation Systems (current edition). It is the intent of this Bid to include all items of construction and all Work called for in the Specifications, or otherwise a part of the Contract Documents. In accordance with the foregoing, the undersigned proposes to furnish and construct the items listed in the attached Bid schedule for the unit prices stated. The Bidder agrees that the cost of any work performed, materials furnished, services provided or expenses incurred, which are not specifically delineated in the Contract Documents but which are incidental to the scope, intent, and completion of the ITB 17-CD02 13 1 Page Contract, shall be deemed to have been included in the prices bid. The Bidder further proposes and agrees hereby to promptly commence the Work with adequate forces within ten (10) calendar days from the Notice to Proceed, and to complete all Work within fifteen (15) weeks. If weather affects the required completion schedule, the City and selected Bidder will negotiate a new completion date. Bidder acknowledges receipt of the following addenda: Addendum No. Date viewed Bidder further declares that the full name and resident address of Bidder's Principal is as follows: Signed, sealed, and dated this day of 20 •CCS Company Name Bidder Mailing Address: Signature: Print Name: Title: (Seal) ITB 17-CD02 14 1 Page HOME OF ' M I LTON 4t ESTABLISHED 2006 [BIDDERS MUST RETURN THESE SHEETS WITH BID RESPONSE] (3 PAGES) BID BOND CITY OF MILTON, GEORGIA BIDDER (Name and Address): SURETY (Name and Address of Principal Place of Business): OWNER (hereinafter referred to as the "City" (Name and Address): City of Milton, Georgia ATTN: Purchasing Office 13000 Deerfield Parkway, Suite 107F Milton, Georgia 30004 BID BID DUE DATE: PROJECT (Brief Description Including Location): BOND BOND NUMBER: DATE (Not later that Bid due date): PENAL SUM: (Words) (Figures) IN WITNESS WHEREOF, Surety and Bidder, intending to be legally bound hereby to the City, subject to the terms printed below or on the reverse side hereof, do each cause this Bid Bond to be duly executed on its behalf by its authorized officer, agent or representative. (Seal) Bidder's Name and Corporate Seal By: _ Signature and Title: Attest: Signature and Title: ITB 17-CD02 SURETY (Seal) Surety's Name and Corporate Seal By: Signature and Title: (Attach Power of Attorney) Attest: Signature and Title: 151 Page Note: (1) Above addresses are to be used for giving any notice required by the terms of this Bid Bond. (2) Any singular reference to Bidder, Surety, the City or any other party shall be considered plural where applicable. 1. Bidder and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to pay to the City upon Default of Bidder the penal sum set forth on the face of this Bond. 2. Default of Bidder shall occur upon the failure of Bidder to deliver within the time required by the Bidding Documents (or any extension of that time agreed to in writing by the City) the executed Agreement required by the Bidding Documents and any performance and payment Bonds required by the Bidding Documents. 3. This obligation shall be null and void if: 3.1 The City accepts Bidder's Bid and Bidder delivers within the time required by the Bidding Documents (or any extension of that time agreed to in writing by the City) the executed Agreement required by the Bidding Documents and any performance and payment Bonds required by the Bidding Documents; or 3.2 All Bids are rejected by the City; or 3.3 The City fails to issue a Notice of Award to Bidder within the time specified in the Bidding Documents (or any extension of that time agreed to in writing by Bidder and, if applicable, consented to by Surety when required by paragraph 5 hereof). 4. Payment under this Bond will be due and payable upon Default by Bidder within 30 calendar days after receipt by Bidder and Surety of a written Notice of Default from the City, which Notice will be given with reasonable promptness and will identify this Bond and the Project and include a statement of the amount due. 5. Surety waives notice of, as well as any and all defenses based on or arising out of, any time extension to issue a Notice of Award agreed to in writing by the City and Bidder, provided that the total time, including extensions, for issuing a Notice of Award shall not in the aggregate exceed 120 days from Bid due date without Surety's written consent. 6. No suit or action shall be commenced under this Bond either prior to 30 calendar days after the Notice of Default required in paragraph 4 above is received by Bidder and Surety or later than one year after Bid due date. 7. Any suit or action under this Bond shall be commenced only in a court of competent jurisdiction located in the State of Georgia. ITB 17-CD02 16 1 Page 8. Notices required hereunder shall be in writing and sent to Bidder and Surety at their respective addresses shown on the face of this Bond. Such notices may be sent by personal delivery, commercial courier or by United States Registered or Certified Mail, return receipt requested, postage pre -paid, and shall be deemed to be effective upon receipt by the party concerned. 9. Surety shall cause to be attached to this Bond a current and effective Power of Attorney evidencing the authority of the officer, agent or representative who executed this Bond on behalf of Surety to execute, seal and deliver such Bond and bind the Surety thereby. 10. This Bond is intended to conform to all applicable statutory requirements. Any applicable requirement of any applicable statute that has been omitted from this Bond shall be deemed to be included herein as if set forth at length. If any provision of this Bond conflicts with any applicable statute, then the provision of said statute shall govern and the remainder of this Bond that is not in conflict therewith shall continue in full force and effect. 11. The term "Bid" as used herein includes a Bid, offer or proposal, as applicable under the particular circumstances. 12. The terms of this Bid Bond shall be governed by the laws of the State of Georgia. ITB 17-CD02 17 1 Page HOMEOF'THEBEST QUALITY OF LIFE IN GEORGIA' M1 LTOR*k ESTABLISHED 2006 [BIDDERS MUST RETURN THIS FORM WITH BID RESPONSE] QUALIFICATIONS SIGNATURE AND CERTIFICATION I certify that this offer is made without prior understanding, agreement, or connection with any corporation, firm, or person submitting a proposal for the same materials, supplies, equipment, or services and is in all respects fair and without collusion or fraud. I understand collusive bidding is a violation of State and Federal Law and can result in fines, prison sentences, and civil damage awards. I agree to abide by all conditions of the proposal and certify that I am authorized to sign this proposal for the proposer. I further certify that the provisions of the Official Code of Georgia Annotated, including but not limited to Title 32, Chapter 4, Article 4, Part 2 and Sections 45-10-20 et seq. have not been violated and will not be violated in any respect. Authorized Signature Date Print/Type Na Print/Type Company Name Here CORPORATE CERTIFICATE I, , certify that I am the Secretary of the Corporation named as Contractor in the foregoing bid; that who signed said bid in behalf of the Contractor, was then (title) of said Corporation; that said bid was duly signed for and in behalf of said Corporation by authority of its Board of Directors, and is within the scope of its corporate powers; that said Corporation is organized under the laws of the State of This day of 20. ITB 17-CD02 18 1 Page HOME OF ' M1 LTON ESTABLISHED 2006 [BIDDERS MUST RETURN THIS FORM WITH BID RESPONSE] LIST OF SUBCONTRACTORS I do , do not , propose to subcontract some of the work on this project. I propose to Subcontract work to the following subcontractors: Company Name:, ITB 17-CD02 19 1 Page HOME OF ' MILTON'* ESTABLISHED 2006 [BIDDERS MUST RETURN THIS FORM WITH BID RESPONSE] EXHIBIT" D " CONTRACTOR AFFIDAVIT AND AGREEMENT STATE OF GEORGIA CITY OF MILTON By executing this affidavit, the undersigned contractor verifies its compliance with O.C.G.A. § 13- 10-91, stating affirmatively that the individual, firm, or corporation which is engaged in the physical performance of services on behalf of the City of Milton has registered with, is authorized to use and uses the federal work authorization program commonly known as E -Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91. Furthermore, the undersigned contractor will continue to use the federal work authorization program throughout the contract period and the undersigned contractor will contract for the physical performance of services in satisfaction of such contract only with subcontractors who present an affidavit to the contractor with the information required by O.C.G.A. § 13-10-91(b). Contractor hereby attests that its federal work authorization user identification number and date of authorization are as follows: eVerify Number Date of Authorization Name of Contractor Milton Downtown Wayfindinq Sianaae Name of Project City of Milton Name of Public Employer I hereby declare under penalty of perjury that the foregoing is true and correct. Executed on _, 201_ in (city), (state). Signature of Authorized Officer or Agent Printed Name and Title of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE DAY OF 201_. NOTARY PUBLIC [NOTARY SEAL] My Commission Expires: ITB 17-CD02 20 1 Page HOME OF ' MILf40N ESTABLISHED 2006 [BIDDERS MUST RETURN THIS FORM WITH BID RESPONSE] DISCLOSURE FORM This form is for disclosure of campaign contributions and family member relations with City of Milton officials/employees. Please complete this form and return as part of your bid package when it is submitted. Name of Bidder Name and the official position of the Milton Official to whom the campaign contribution was made (Please use a separate form for each official to whom a contribution has been made in the past two (2) years.) List the dollar amount/value and description of each campaign contribution made over the past two (2) years by the Applicant/Opponent to the named Milton Official. Amount/Value Description Please list any family member that is currently (or has been employed within the last 9 months) by the City of Milton and your relation: ITB 17-CD02 21 1 Page HOME OF ` M. I L FON1% ESTABLISHED 2006 PROJECT SPECIFICATIONS PROJECT DESCRIPTION SCOPE OF WORK The City of Milton Community Development Department, (City), requests that interested parties submit formal sealed bids/proposals for the Milton Downtown Wayfinding Signage Project. The scope of this project generally consists of the construction and installation of wayfinding signage for the Crabapple District (Downtown Milton) of the City of Milton. The Contractor shall submit with the bid oa qualification sleet listing projects that meet the experience requiremenr along with references. dist Mould include project date, location, description, and contact information. The specific Scope of Work for this project is attached (See Exhibit "Q") and is en itled "Milton Downtown Wayfinding Environmental Graphics, 100% design intent, 1/10/2017". PROSECUTION AND PROGRESS Construction shall begin no later than TEN (10) calendar days past the issuance of Notice to Proceed. The time of completion for the project is fifteen (15) weeks from the date of the Notice to Proceed. If weather affects the required completion schedule, The City and selected contractor will negotiate a new completion date. Normal workday for this project shall be 7:30 am to 7:30 pm and the normal workweek shall be Monday through Friday. Construction will be allowed on Saturday from 9:00 am to 6:00 pm. The City will consider extended workdays or workweeks upon written request by the Contractor on a case by case basis. No work will be allowed on Sunday or national holidays (i.e. Memorial Day, July 4th, Labor Day, etc.). Lane closures will only be permitted between the hours of 9:00am and 3:00pm, Monday -Friday, unless otherwise approved by the City. The work will require bidder to provide all labor, administrative forces, equipment, materials and other incidental items to complete all required work. The City shall perform a Final Inspection upon completion of all work. The ITB 17-CD02 22 1 P a g e Contractor will be allowed to participate in the Final Inspection. All repairs shall be completed by the contractor at his expense prior to issuance of Final Acceptance. PERMITS AND LICENSES The Contractor shall procure all permits and licenses, pay all charges, taxes and fees, and give all notices necessary and incidental to the due and lawful prosecution of the work. MATERIALS Contractor will be responsible for replacing any work performed with material from rejected sample lot at no cost to the City. EROSION CONTROL If required by the project, it is the responsibility of the Contractor to follow all Federal, State and Local erosion and sediment control laws and specifications. This includes meeting all NPDES guidelines. The Contractor shall serve as the Primary Permittee for this project and is responsible for filing the NOI and all necessary fees associated with it. Erosion/Sediment Control measures shall be installed and maintained by the Contractor throughout the duration of the project. The Contractor is responsible for the removal and disposal, off project site, of all installed temporary erosion/sediment control measures when affected areas have been restored to a level where vegetative coverings will minimize erosion. The cost for this will be considered incidental to the project and included in the overall bid. UTILITIES There are utilities in the project area. Contractor shall be responsible for locating and coordinating any utility relocation necessary for completion of the work. Call "811 Know what's below Call before you dig." Locate, maintain and protect existing utilities at all times during construction. PROTECTION AND RESTORATION OF PROPERTY AND LANDSCAPE When or where any direct or indirect damage or injury is done to public or private property by or on account of any act, omission, neglect or misconduct in the execution of the work, or in consequence of the non -execution thereof by the contractor, he shall restore, at his/her own expense, such property to a condition similar or equal to that existing before such damage or injury was done, by repairing, rebuilding or otherwise restoring as may be directed, or she/he shall make good such damage or injury in an acceptable manner. The ITB 17-CD02 23 1 Page Contractor shall correct all disturbed areas before retainage will be released. CLEANUP All restoration and clean-up work shall be performed daily. Operations shall be suspended if the contractor fails to accomplish restoration and clean-up within an acceptable period of time. SAFETY Beginning with mobilization and ending with acceptance of work, the contractor shall be responsible for providing a clean and safe work environment at the project site. The Contractor shall comply with all OSHA regulations as they pertain to this project. WARRANTY Prior to installation, the Contractor shall provide Owner with 3 written copies of the Warranty Items by which they guarantee their fabrications and installation, including integrity of materials and workmanship. The Warranty shall guarantee to correct, to Owner's satisfaction, at Contractor's sole expense, all defects in fabrication and installation of work for a period not less than one (1) year after Owner's acceptance of completed installation. ITB 17-CD02 24 1 Page HOME OF ' M I LTON ESTABLISHED 2006 EXHIBIT "A" of Scope of Work for ITB 17-CD02 Milton Downtown Wayfindina Environmental Graphics ITB 17-CD02 25 1 Page HOME OF ` M,IL-I-ON ESTABLISHED 2006 [BIDDERS MUST RETURN THIS FORM WITH BID RESPONSE] BID SCHEDULE Type Sign Description Quantity Unit Price Total A Vehicle Directional 15 B Pedestrian Directional 4 C Pedestrian Directional Informational 3 D.I Banners 30" x 72" 13 D.2 Banners 24" x 48" 7 E Historic Markers (Pole Mount - Full Assembly) 30 F Street Sign Toppers 100 Total Project Price: (Add items A - F) *Prices should include all labor, materials, equipment necessary to install each item as required by project specifications. BID ALTERNATE E.1 Historic Marker (Plaque Only) EA **Price should include plaque and wall mount hardware only. ITB 17-CD02 26 1 Page HOME OF' HE BEST QUALITY OF LIFF IN ( FORG A' I LTO N% ESTABLISHED 2006 [BIDDERS MUST RETURN THIS FORM WITH BID RESPONSE] BID SUBMITTAL FORM The undersigned, as bidder, declares and represents that it has examined the site of the work and informed himself/herself fully in regard to all conditions pertaining to the place where the work is to be performed, including those conditions affecting the cost of the work and the delivery, handling and storage of materials and equipment. The bidder has examined and read the Bidding Document and has satisfied himself/herself that the Bidding Document is an adequate and acceptable reflection of the work which is required to be performed and that the bidder is willing and able to perform all of the work necessary. The bidder further certifies that no additional information is required to complete the work encompassed by this bid within the cost and schedule established and agreed upon within this bidding document. Hereby proposes and agrees, if this bid for the above named project is accepted to enter into a contract to perform all work necessary to the successful completion of the contract; and to supply all required submittals as indicated or specified in the ITB and the bid documents to be performed or furnished by bidder for the for the total contract price of: Milton Downtown Wayfinding Signage Project (Total Base Bid Price {Lump Sum}) Total Base Bid Price Should Match Total Project Price on Previous Page (Printed Dollar Amount) (Company Name) (Signature) (Printed Name) (Title) ITB 17-CD02 27 1 Page HOME OF'THEBEST QUALITY OF LIFE IN GEORGIA' MI LTON, r F.STARI.I S FI F F) ?Otw EXHIBIT "A" of Scope of Work for ITB 17-CD02 Milton Downtown Wayfinding Environmental Graphics ITB 17-CD02 25 1 Page >11101aIII 11iNMN111./11itIt!>�� M I ILTO N* FSTAEIISHED ]011u Table of Contents EG -0.01 r.+c?: c -.;.i r ?r � Sr _D.. EG 001 Table d Cortents A Vehicle Directional Install Date. April 15, 2017 EG002Leges, Matenals& Fireshes, Ntagrams&Fens B Pedestnan Wect-al EG- 0.03 F.V-6on Process, Anterial Regoi —Is & SW—b— C Pedrsaian DireOfienal Mnnnh nal •,,.;:..;:::L EG -101 Location Plans D.1 Banners 30' X 72' EG 1,02 Laatian Plans D2 Banners 24' X 48' EG 1.03 L—Ikn Plans E Historic Marker All RFI's shag be submitted m wiling via emvl to'. EG -1,04 Message Schedde F Sheet Sign Toppers EG -105 Message Schedde COOPER CARRY EG -201 Vekcle DaWmnal - Sign Type es EG -2.02 Vehkla DinecBonal - Sign Type A Bnbbi Sweeney Gnom eCana} EG- 2,03 Vetutic Diredienal -Sign Type A Environmental Craphic Desgner EG 2.G4 Vehicle Dawional - Sign TypeA behlasweeneyCwxsapercany.mm EG 2.G5 VehYle Dkectional - Sign Type (404)2372000 EG -2.06 Vehele DBecuonal Sign TypeA -... _.. �,.. EG -207 VeMde Directional - Sign Type EG -2.08 Padesaian Dseclional -Sgn Type FG- 2.09 Pedestrian Dueclicnal Sign Type B EG -2.10 Pndeslnan Directianal. Sgn Type EG -2.11 PedesMan Dkecticnal -Sgn Type EG 2.12 Pedestrian Directional - Sign Type C n %,,I ' EG -2.13 Pedestrian Nrxcenal -Sgn TypC I EG- 2.14 Barmen Sign Type D - EG- 2.15 Barmers Sgn Type D EG 2,16 Bannrrs-Sgn Type EG -2.17 Histone Marker -Sign Type EG- 2.18 Historic Marker - Sign Type E EG- 2.19 Histork Markel - Sgn Type E EG 2.20 Street Supt Tappers Sign Type F .. . EG -0.01 HOME OF` W LT' Matthews Paim Scott Bmnze Metallic (040366) ESTABLISHED 2006 CITY OF MILTON LOGO Maa..s PaiO J CI IY OF MILTON SEAL FONT CENTURY GOTHIC REGULAR abcdefghijklnlnopgrstuvwxyz abcdefghijklmnopgrstuvwxyz 1234567890 1@#$%A&`()-+ FONT: CENTURY GOTHIC BOLD abcdefghijkimnopgrstuvwxyz obedefghijkimnopgrstuvwxyz 12 345 67890 1@#$%A&-().+ Fl Matthews Paim Scott Bmnze Metallic (040366) Fetish. Satin F2 Maa..s PaiO Flexi I'll", RM (MP08937) Firim: Satln F7 Matthews Papp Pale B—Mctak (MP27916) Fhish: Sarin Logos, r0atcria!s & Fin sees Pictograrns & Fonts M1 L, Wc;zcmRMCharPout Btww: Ultra Pnmiam Peno6n Transpaml Westem Red Cedar FONT TRAIAN PRO REGULAR ABCDEFGHIJKLMNOPCQRSTUVWXYZ ABCDEFGHIJKLMNOPORSTUVWXYZ 1234567890 !@#$%A&'O-+ FONT: TR"AN PRO BOLD ABCDEFGH IJKLMNOPQRSTUVWXYZ ABCDEFGHIJKLMNOPQRSTUVWXYZ 1234567890 !@#$%A&`O-+ V7 ❑ 311S 68010 Redecaw Fdm 680iu^ V2 3r.' Scotchal Opaque Graptec Fdm White 772510 V3 ■C, Sic Fit al Opacp�e Grapfwc Fin Deep Red 772523 FONT. HELVETICALT STD CONDENSED abedefghijklmnopgrstuvwxyz abcdefghijklmnopgrstuvwxyz 1234567890 !@#$%A&`()-+ EG -0.02 Mtl Sid submital by Fatticata. Contractor, Vendu. sed'cr their agents shall be considered as acceptance of this document. Axeeptarce of this document oortstaes agreement to the following conditions A. Purpose and Use of Design Intent Document This datP'rnt set is intended for ft purpose of communtrating design intent ONLY. It is net intended for anstn.t.n purposes or as a —,auction d ecuront. It mals recommendations with regard Is uye, materials, performance standards and foal product. The Design Imam Document is for bidding purposes ONLY and a not to be directly fabricated from. This particular soction, the Fabrication Procoss. Material Requirements. and Speeifi akons safioq k an ndapensabis and integral portion of the Design Imam Document. Tho owner selected Fabrieata, Subeoraacter. estate. aM'or Cenral Contractor, hereafter referred to as the Comactoc is responsible for all aspects of fabrication and insela on klentfied in the document and most abide by the reepirtmems set forth heron. Any tWesnns alterations, or substitutions to the rogmcrosxs or residences oWkned in Nis section a to any other portion of the Design tracer Document slat be stated and issued in avrorg to the Owner and to the Errvwoewmal Graphic Dc-jW at the, time of bid suborkal. Ther Contractor shall produce eaosm.tbn documents based upon the Design Intent Document These Connector produced construction do oreenls shall be submitted as shop drawing submittals to the Environmental Graphic Designer and the Owner for review and comptiana to this "gin Intent Document prior to reanndacb;re, The resutieg working dravurgs 1 shop drawings, and contract doamerl, it offing permit elk-mc'ns, are the who. responsible y of W Cuntracer in every oes'p_'ct. B. Proprietary Information Contractor shallrot rcval or 6-mro ooc any i fomatnn to any pasou(s), pdvatc or p irke. other than the Environmental Graphic Designer. Owners Camaaor's persnnrcl --my n execute the coneatt without fistcenacdtg the Owner for pemssxn. Al Information, concepts, rlW. s, artwork, and pians reprewmed in this document are the property N the Owner and'or Enviamenal Graphic Designer as may be son loch tithe OvmfYs Agement with the Environmental Graphic Designed. As such, they may not be used bansmieed, or roped for arty use wit cal the express written consent N the Owner and the Envoccroumal Graphic Designer Written =sofa is also required for use of image, of any competed element doscnbM herein for use in print m promotional materials, inoluding Was or web, prior to any such publication. Permission for use of such imagay for promotional a Mworial purposes stuck be contingent upon the user dearly and properly cre'dfng the Erwionmemal Graphic Designs. The Owes may have adds inial requirements and restrictions. Ary irgrwies or rectuesti by outside panic -6th regard to this decomort and its content are to be refected to the Environments Craphe Designer C.Totd & Complete Cost Ou;ted costs stall include all -red&. wnyonels, fabrication. transportation aMkessruelnnonts irrkdkgpamts, kcemrsand try and all twes. Bio shat alson;kde i mit costs for every sign We. D. New Six* N materials, hardware, finishes. at. used Is fabricate try and all sign components shall be *NEW' aM not previously used or operated in any enter applegon and shat be from the most recent original Contractors production runtsupply and appropriately matched to the smite condtlons requited of the site. A. Contractor Qualifications Work specified heron shall be performed by sin experienced and proven Contractor requerfy engaged in the oniinea irg podudeo, and nestallaunn of elements. graphics, signago and wsyfindng systems similar in complexity to that elated heein. This Contractor shat dcmonstine, that t has been w engaged for a minimum of five (5) years. B. Basis for Contractor ProposagBid The owner wetted Contractor's proposailbid shall be bawd upon the forms of later, materials, add r:gtipment resulted for the complete fabrkeation and ietalaeon of Ne specified work within Inc time. (more. ag acd to by Contractor, Owner and the Environmental Graph. Designer. Where apesk produce, name, or materials are calkxf out in the Design amet Documents, the Contractor shat assume the use of said product. item, a material n the Contractor's primary pmpawebidquatatian See. Section F below for proper wbs6Wdon p ecedures. Fabrication 'recess, P cal Regui,ements & SpeCification C. Quality, of producttend Workmanship The Duma selected Contractor k msponsao for the quaky, aed dofivery of all materials, podud, and workmanship regwod for the executsm of tel eamact kxkdmg the materials and IM wodmmsAip of anyfrm or individual ac#N as Subcontractor for the Cmracrot. The Connecta is responsible for the management of all Subcontractors, including povding of. Subcontractors with canyxete and o rrent drawings, fabrication prioress and material fequxanrnts, prgoct schedule, and cher idnmabon issued bythe Errviormental Graphic Designer, the Omer and the Gorwval Connector D. Field Verification Al field dmemions in this document are approximae. Is is the Contactors We responsibility is meld verify all measurement, or mounting Wa'iov indi,al d in Nese documents re ensue the intended installation k viable. Written ounce N any di,creparcies, upon field varifiatice. abed be provided b the EnvironmenW Graphic: Designer. at which tier. additional cirecnon coil be giver. E. Discrepancy Resolution & Execution Thus Coreracor strata notify tel: Owner and the Env"wonmental Graphic Designs of any discrepancies in the drawings, message whedde, in field dinammcns, existing conditions, anNaenarges required in construction details. Problems such as massages bang too long to fit rib the mWind bouts, ddbcuiy ecwralelIt repodudrg lige "go" '-portent" dc.. must be brought to ft session efthe Ovmm and the Environmental Graphic Des" plot to exr:cuion. h is untried that the Contractor not resolve, any f ....I R_,.. njIn, Owner and ux<Ertdr -.n dimensions ontherkaxi_:''. v...- r'.':.:'.A dimensions. Cmrarlor sh -:Jt : - ., Y d no slats and mndt: r. 9 _ , r - _ _ _ >r quantities and precedencn ours thewolnx. dr-:'� F. Contractor Recommendations Tho CoxtevU shat carefully sally the details N It. Design Inert Diement and makeapedfic recammendztlons vauggestian ler changes if throw changes An ropowe Ilio, quality of liberation. an for rewk to a taxa rest effective wksinn. i Ne Contractor desires to suggest an ataname product material fabdation method, or such as charges In convert amount it must be approved in wrong by the Owner add the Environmental Graphic Desigrxv. Mune Comrooterdessesto suMti1 an aft—le bid that Uifues the substituted product. itemmaterial or fabrication method, the Contractor shall make to of the aternate in their primary preptwkird'qumamion, and provide manufacturer's data suppabegeWrraknl spedkcakons of performance along WM W is ized cost savings. Contractor shat harbor represent that it has exanueM the Design Intent Documents and that. to dr. best N its knsM,'dge. Ne proposed substitution is appropriate for the use, intended in the Design Intent Documents, that the substitution is equal better in quality and serviceability ler the speeded items and, to t waives all claims for additional cost rebated to the substitution which consequently become apparent. Asample of rite atsnauve may be required A. Technical Specifications Contractor shat subuse manufacturer s technical tiara and installation instruction breach lives. provided wen the completed. nsaled unit Contractorshal provide idansfiako , of all materials nikzed. including tel reanufactumts descriptive literature. cannot numberbatch and formula (as appropriate and vdw:ncvcr avatable). B. Shop Drawing Contractor shat submt one (l) set Ndetaded electmnk shop drawings to the Environmental Graphic Designer, and one tit) set to the Owner for review poor to production Thew drawings shall include plans, oeva cxss and large sato sections of typical members and other atmpseents. Thaw drawings are to cmmuniae all meterab. finishes, conseuobon dirt kghfing regrlcrot nsuiWtion dclaiR, anwak and stn ctumc,, moludrg nation Nal material seams (finished and unfinished). These drawings shall idenfify Component derails, RKKmilg methods, the install ata, mounring heights, layout. spacing, and installation detail. Shop drawings and data shall be reviewed bythe Owner and the Emirm mental Graphic Designer in a reasonable time frame w as to auw no delay in the production praess. The Contractor shat make anyamaYons rood add indicated in reamed refines, and resubmit shop drawings for end review Final mvicwod shop drawings stamped or noted either 'No ExccptensTAW at 'Exceptions Noted' must be received :1 (�fntrl't!2l'.\nal \d EG -0.03 by the Corltrado frim to pnodxaan comnencunerA Shop Drawags.01 ho relewed facompkmre sigh deso intent a* Tho Cmtredm is msportsible lot ergnarig each gem to meet al bad and aid requiraraes wth sealed dra+irgs and calculations, by ceMied eaginms, licensed in the state in which the project owns, The Contractor is responsible roc al! elver aspects d fabricated ncl dig engineering procedure. installation techniques and performance as wdl as cordnatio with site conditions and related trades. C. Prototypes and/or Samples Conrado is responsible for providng prototypes amlor samples for review and approval prior to final prediction. Unless cal areae =led by the Contractor, at approved sign type or signcmnponem samples lecept for swatdens)',vill on retuned fol installation ori sib (ifapproxd! as part of the find delivered package. D. CopyfrextLayouts The Contractor shall pmaiw scall copy layouts for at orbicular and pedestrian drectiouil signs Layouts must be submitted in time tram aliovnble for review, multiple adjustmcras and approval without delay to the: project. E. Loge Format Digital Output A 12' x 24' porton of the final As site computer output of each imago is required to be subinned to nth: Envirnnmmtat Graphic Designer for appall prior to fowl producif- F. Structure Drsgn of nstatmion, internal structure. ronert)ng assomhkes and foundations are the sole resper sibngy of the Contractor. Contractor shah sobmg arc (1) damn. sol of corpmhonsve engineering dawings to the Environrmmnl Graphic Oesiiq— incorporating an ad:quate foundation ard'er mucruirg sWdum for all sign components to mad all Inad and vend requhcmrus and qWn ski, condgnns The Contractor shall at his or her expense, submit for Owners review, calculations, sealed by cerefed enginena registerad in the state of fwal nsblation, for all structural cromI iocluduty fcutdelbas. G. Warranty Prior to instaflatnn the Contractor shag provide Owrlmwith 3 wrinen copies dose Wamamy terms by which they guarantee their fabrications and installation. inckedr t; bWRy ofmaterials and workman;tip. The Wanar shah guarantee to carred. to Omxvs satisfaction, M Contractor's sole expose, as dcfeds in fabrication add installation of work for a period rid fess than we (1) year after Owner'sadr..eptanceofronpbeedinstaAarion. N signs mu4 comply rt ADA guidelines and stmdlecal code (myliamYde. H. External Lamps All Mrps shat be wenatted against failure for BD days, a0 neon Ihreeyears. and no bagast nm year, Lamps are to be replaced wrlhn 48 hours of notice by Owner andmir Goieral Cormradm. b the even of fa8ure withw speoNed tinxs Mese dams are to be replaced by Contractor at Contractors sok expense. I. Lamp Servlce The Contractor shag, at the time idose-0ut, provide Ormer whh once (3) copies of cemplme lamp replacrmal information, hand. type, waRage. color, etc.. for all lighted comporlmts. This girwnalion shall W in a typewritten fr n at (8.112' x 117 and shah idicate at bast one beef (silo) supplier, lamps most comply sigh 30 local, state, aid federal regulations. J. Maintenarce The Contractor shins, at the firm of cbseaut, provide to the Noe r 3 copies each of complete finahArmpedoutaroiesbw-tons as specified by the maelacMro far .goingcametc cleaning and maintenance. Tose am to b: arbmimed in an 8 1.12• x 11.3 ring bintlm. Comaoor to rnsum signage. men, lanes, all decrial components etcare easily accessible Mr maintenance. Tumover to Ownaace (1) utopened galon of each Worlfinah used on the project dearly marked with complete speeifiaeon and'F calm rdaeme from the Design Inmm Doament K,Secudty The Contractor shill have tidal and compble responsibility for the security of all rqulpment materials and sign components until revicvmd all adopted by tlx: 0.., L. Bid One"-. `: `. ication pates shag be sed to Cooper Cary Emu: - i! Graphics. Prkiry snag be submincd in accadamc Vial- --..has Drillers am required to clearly Indicate in sin - - 1 r!:e meted of cotswdim anticipated the meur.a:; Ic I,- : :d and any exclusions or axceptions to the bid docvmogs. A. Permanent Room ldentiflestim This alternation is being pmvided as a counosy of Cooper Carry Enukcmenal Graph. h is Ne Contractor's despeasblty, to verify compfiaoc with a 0 sate and federal regulations and addenclums and retain an ADA consultant g necessary. N sides and edges to be fralned and/or panted. Sign must meal ADA roquirrsnerts for clearance, character proportion and height sign fneh and comas[ Sign MUST be mounted B0' AFF to IN-, center of the sign, adjacea to the latch side of the, door, In the cam of obstnated, the sign shored be mounted on the was surface nramstto the latch side of the alta and located to avoid door swing and prouudrig objects. Characters all background must be e9gshe0. matte, or def non4are ansh. Characters most have a mnanum of 70% relketxrce anuast.4. thev background. Where pemrmrenl edam dentfrzton is presided for marine and spaces. copy shag be a minlnnrn 518' cap height all caps, tacik baering together with Grade 2 Brads, B. Bladl mountad or Overhead Hanging Signs • There most be a minimum of 80' ckaramx from the bottom dhcsignAFF. No object& including signs shall pmuud: more than 4' from me wall surfaces or 12' from post nr pylons in a horizontal ,we bmwecn 27'AFF to e0•AFF. Blocking and reinforcement by G.C. vx7 be required at as lag mcudcd and suspended sign locations. N canratms most be geld verified. Information was obtained from theAmakans with Disabilities Ad WNm Paper Second Edition. Courtesy SEGO. ALL GRAPHICS, SIGNAGE, AND ANY OTHER OBJECT FABRICATION DESCRIBED IN THE DESIGN INTENT DOCUMENTS MUST COMPLY WITH ALL ADA GUIDELINES AND APPLICABLE CODE REQUIREMENTS. A. Finishes 1. Cobs and Surface 7exfures N caws shag mb:h exacay hx calorand finish requtements Provided by Emaroner lal Graphic Designer. for exposco upage materials wghappliied inlors or atM`r characteristic related to appearance. The Contractor shall Provide color matches indicated. or A not idicated, as wbcmd and reviewed by Emiromental Graphic Designer, 2. Surface Preparation Ad surfaces shall be thoroughly droned ami five from dust did. rest se b. mill scaN, of, greasy materials -residue from during, All coatings stall be applied in stria accordance with the m nufaclefn's raonmendafinns. N paint products shat conbne to bcai corks. N finehes shall present a uniform opaque colorappearana unless specifrcaly, ndated otneivase by Envimnmemal Graphic Designer. 3. Application All applicators of mkuiccatirgs are to be equal and ofconsistent over sigh no streaking Toning, gradation. or other tad fen, sighin all (mm each shorter application. 4, Uftr VidleNFadng Protection Contractor shall alize materfalscoatings and processes to minimize as much as possible any noticeable fading or pilime ted coatings. 5. Neon Retorts All oxpowcl eon velums and W.W. barks am In N roagoo with a by coal nxmh the laid area immediately behind that exon. B. Materials 1. Acrylic Color Translucent Sheet Where sheet material is ind'rated as a'oolar, pmviducola translucent shed of density regpwad to produce uniform slightness without halo like effect. Material Provided shat be appropriately matched to the intended pemanent field conditions. EG -0.04 2. Acryba (Transpavent Sheet to Owner three (3) copies d ompirle paint schedhin bxfkatMg a] hapot Electronic arras specified. Vdhem shr es mdedal is indicated as tMad praaide colorless colors use Warranty, - Product mato be wvanadied against col., fadng.. sheet in glass finish, wuh the mquran—ur.1ASTM 01103. W damage, dolaminzton, shrinkage a peeling for a C. Fabrication aruar—d tae (5) years farm date of installation. Prod cit 3. Atununum Sheet 1 CapyAlgaication oust be k teed by a carbfied 3M insteller m guarantee Provide alumLwm sheet of a€cy and temper rttenh:merckv! by Provide copy W .amply with the rcquremerus urticated for size, warrady. the aluminum paedtcer or finisher far the type dose and fmsh style, spacing, content pmoton, material, finish and color at indcated.,it with ml Mss than the stretgth and d estaggy Ienevs, nurtrheas, symbols and odes graphic tlrvices, v , . f• "t ' " "' -' prapertes specified in ASTM 8109 for 500"l S. 2. llluminatlon Securing and paying for oli permits request by gover—roml 4, Aluminum Extrusions f fuminde ands in the maneer indicated using the manufacture, ; s agencies is the fesponsibi'ity of the Contractor, Inspections and Provide aluminum exWsicns of allay and temper facarro eeded standard fighting components including ]ur ovan, incandescent tests necessary for theconstntdiun and placement of all sown, by the ale mum producer orfa cherfar IN type of use and andfor neon, fixtums, transformers, braulamrs rad other requted by the appgcabfe govoun ng agersors is by the Crimat,, finish ridiculed and win not lets than the strength and dwmiltly compounds. Make provisions for servicing and fur concealed paoparlies ipe ded in ASTM &221 bar 6o63 -T5. conrhectinn to the Building system. Coordinate all cletrical I `.... —.. comperents with those of the poser supply provided. .. 5. Siridural Steel Contractor shall secure and pay for all insumhce required by law Pnovido infernal structural steel as required to meet the 3. SignagelCabinet !rrNtdrg: Liabgdy, Worker's Coma eierhsanon, Comprehensive. rerin,dards fel permrnera installation. Details shown an IN driving shall tau followed for exterior Cons r Mural Lubddy, Personal injury, Comprehenswe Auto and appearance. Structural design shag ttlize utilized, set supportive Property on and off-sNe. Contractor to fo3cw all building rues and 6. Fasteners tradiig, Fabricate caCnot exposed faces and graphic devices regulations as set General Cornuate,. Unless dhi-v o indceted provide oncerdat fasteners fabricated to size and style irhdcatM and produce surfaces fare from nil from metals that are rom-rivisive to ether the signage mateials canning, warping. disturtinn or any irregdadries or axonsistencics. of tho moudifg surface. Include- internal bracing for stab0ty and eltachment of mounting accessories as mgadaed. Contractor may charge interior A. Quality 7. Electricabl.amps cad lonsfina sh mo on toss details to conform with his shop Install shat be level plumb, and at heights indicated with finished Provide caw electrical mnyhoneds and respective Lamps, sa as to pmtices. H—,, these changes most Is, submNed as pan surfaces free from distortion and other defects W appearance. be easily repaired or replaced tram Wal available stock (24 hear of the shop drawings and Is, reviewed and accepted by tt,. maximum Min-amundl. Enrirom ntal Graphic Designer prior to fabriaton. B. Fastening All signs are Is be instaiied securely using appmpnsto fastening 8. Wall Machine -Cut Copy 4 Fastenings or momfing naifmds. Unless otherwise indicated. use concealed Umyl nachnecutmpy shag be of 3M Seotebeai brand fila er Fasteners on all visible surfaces shall net be expusnd, except fasteners. approved equal. where rated. Surfaces shall rad be federated dudng fahaicafion or installudes, except where noted. C. On•Sito Installation Coordination g Paint Contractor's project manager shall ordinate at on-site work Unless noted 41 signage shall be painted with NaNhews Pain S. Large Format Computer Wiciat with the Ow—'s project manager. Installation stall teas during brand pain. Paint NO be highest grade for best uNavidet light Ag high resolution large format ceinput,, output indicated in he active_ or donative hors. at the discretion of the Owner and shall resistance, weatherability. and ever.] bngavdy of finish and calor. Design Intel Document must comply with the fcn) MN: always be c.,,tcctcd and approved by the (honer prior to wort: Where possitda, use wafer based,100%s,Ads. high performance being pedwided. acryk instead of solvent based pains. If solvent based paints Minimum resolution: 400 dpi or as noted on the drawings, must be used, use products that are. m y VOC (<380 gill and Pisa ess: 3M SCOTCHPRINT (or approved (quay. D. InspeetionfApprovai <1% aromatic hydrocarbons by waight. Paint aha]have a mitten Substrate: Opaque orTransWcent Scomhcal SM(crapproved The Emvthmental Graphic Designer is to perform in shop -,,only against premature fading and be approved by Owttv equap progress reviews of fabrication at their disaaton. Review by prier to construction. Prierto closeout. Ccntrade, shag turn over Finish: 2mil Matte ovrdaminai Environmental Graphic Designer of all typical sign types is required pr�r�fi al vtsWation. The Cansactm sh�l erandne areas of AYE I(YV _ cordcions under Much signs are to be inuapcd and notify timet In writing of ❑nsf tions detrcnedal to proper and I"compkLan of wok. Work shat rat proceed umh3 wasartlatery c Mhions h vr, r been corrected in manner acceptable to uwne r E. Punch Lisb9unch List inspection A final walk through and punch fist is mckrded in dao Contract. Once an &emeats are insta]ed. the Contra tor's poiject manager shall cawdmatr aficalvrak through with the Environmental Graphic Designer far final app..L At that time any issues nv regarding the final canshuctan and insta]ation will be reported in Cnw"di 1 1, C.",,?s writing to the Contractor for resolution. Ag punch Iia items should - ba finalized within in working days, unless addtomal lima's - agreed upon by the Owens and Environmental Graplilc Designer, The com aca is not complete until Owners safisfed with recdubon of nit idanafed issue. EG -0.05 MILTON CITY HALL programmer ig Key Sign Type � a-veNdeDkemorial B Peoewian Wrttbnal C - Podlwian Dkolb nal Inlormatbrel 0 Banners (City io Locate) E - Histaric MarW (Cily to Locate) F - Suect Sign Toppers (CRY to L—W) aMr^. Ere [YpaYinrrt Sta.ar LTi ° . - cccyo.f C✓'^PuK Sena:ea .. I:niraOEyona Y ' by A,M-.r WeC2a • . A K-R'KiLs tearn^p • A�aon-p o'Gat+ppk B � NOrin fyml Eap¢sa vA C*app? & N. .. tits Msparnw K.W • Oumnas Pum Go qk %6-E, Approa,mate locations are shown Fatmator to field locate with Owner for fma approva Signs A-04, A-05, A-06. A 07, A-08 A-09. B-01, B-02 are In current work zone. sign "t need to be stored at faoricator's slap until installation. CRABAPPLE DISTRICT CITY OF MILTON Key Sign Type AI ,-- M. 4 A A -VetikJeDkecfiom1 .,wilt M B- Pc,&,Ai. Diio=mf CbWW. cm." - C- PedcsWan DvcchWI hifo—Ibmi W 0-Ba—(City to Locate) M E - Hiftlic Marko Py to L=ta) S..— IF Street Sign ToPpm (City to Lo t,,) A8 M ors Urder CXSIAOan V If B Ftrn I Rowulai Urdu CombuifiDnA-B CrslrelRJr K: Wt kk d -y AL Go gle NOTES Approximate locations are shown Pabricavto fed locale with Owner for final approval Signs A -04,A -05.A -05.A -07,A.08 A-09, B 01r B-02 are in current work Zone, sign wit need to be stored at fabricators shop until installation CRABAPPLE DISTRICT Cli MILTON LL C, -,,i i; ("': I i= EG -1.02 �113 A B Go gle NOTES Approximate locations are shown Pabricavto fed locale with Owner for final approval Signs A -04,A -05.A -05.A -07,A.08 A-09, B 01r B-02 are in current work Zone, sign wit need to be stored at fabricators shop until installation CRABAPPLE DISTRICT Cli MILTON LL C, -,,i i; ("': I i= EG -1.02 Key Sign Type W A - Vehtie DvectffW i B - Pedestrian D:ectional C - Podo ti Dkoawnal Informational D -Bari (city to Locale) E -Historic Markor (City to Locate) F -Sheet Sign Toppers (City to Loctite) tia,.n.a.-a.^ .. """--"'"'... .... _....... "... NOTES Approzvoale locations are shown Fabrkalor to field locate with Owner for final approval. Clrf OF A4LTON LE msmk:r CIttOF Signs A-04, A-05, A-06. A-01, A-08. A-09. &01, B-02 are in current work zone. sign will need to be stored at fabocav s shop until mstallauo- B A B `wrmext.x� tia,.n.a.-a.^ .. """--"'"'... .... _....... "... NOTES Approzvoale locations are shown Fabrkalor to field locate with Owner for final approval. Clrf OF A4LTON LE msmk:r CIttOF Signs A-04, A-05, A-06. A-01, A-08. A-09. &01, B-02 are in current work zone. sign will need to be stored at fabocav s shop until mstallauo- NOES 1 Fabricator to confirm total sgn Counts and hatallatwn locations 2 City to locate banners. Net— markers. and street sign toppers. 3 Fabricator to field locate trial sign loabons with ONner. 4 Complete bid tabulation sheet in bid document A V. -le Diniot—i ` B P.O".. 01'sotow C Pedestrian DVecgonal!nbsmabonal 3 DA Banners 30"X 72' 13 D.2 Barmen 24 X 48' 7 E Hbionc Marko, 30 F IStreet Sign Toppers 100 NOES 1 Fabricator to confirm total sgn Counts and hatallatwn locations 2 City to locate banners. Net— markers. and street sign toppers. 3 Fabricator to field locate trial sign loabons with ONner. 4 Complete bid tabulation sheet in bid document ei EG -1.04 Downtown A 01 A Cay Hall shope 6 Dniiy B @ankJ A 02 A (Blank/ Downtown B City Han shops It Dining CM Hall A 03 A B% Nen Pav, Lib,ary B (Blank City Han j shops a D.IN A 04 A j BroadveX Pay. j Library B 1&anF A 0$ A'Blank B CRY Hall City Hall j Shops 8 Din'eg A 08 A j Broad -K Pay. j 4biary B i IBIMkj Library A 07 A Shops &Dinng j Broedwen Pa, B 1Klerk Minors Schools A 08 A Friendship Park BroadweX Pay. j Library B BNnk A 09 A tB/ank City Hall B i Friendship Park j Mieon Schools A 10 A (Blank ei EG -1.04 EG -1.05 8.04 A 8—dw.11 P- Milton Cry Hall Shop. 3 Dining Broad— P.v91- Lit ry iP Park T Narhwestern Middle S.h..I Milton High School Mean Schools A Area Map wilb Lodadkons Shops & Dining A. 11 A [&.nk] TED C 02 A Sh.p. & Dining Area Map with L,mtlon. TED Library Map 1111, L."Ine. I T F—dahip Park t Miller, S,h,,I, A 12 A Area Map wRh L.datlons TBD !b� Sh.p. & Dining j Broadwell P., Mkon HI A. 13 A NW F,.nddd a .i, a', Crabapple ES B [&..kj A- 14 A [811.k) NW Mid le B M,Rn HS NW Middle A. 15 A Milan HS B ! nkI !,p, & Dining i --ra. Llbrory Milan Cry Her! Friendship Park F—dehip Park Shap. & Dining B 6..dw Library B T mrir.n Ery m Wild, CryHan T Broadwell pa"lla" 13. D3 A Library Friendship Park Mdton , ,� a,g 8 &D EG -1.05 8.04 A T Milton Cry Hall Shop. 3 Dining Broad— P.v91- Lit ry 8 T Narhwestern Middle S.h..I Milton High School C. 01 A Area Map wilb Lodadkons TSD B Area Map with Lnear. TED C 02 A Area Map with L,mtlon. TED B Map 1111, L."Ine. I TeD p4E� JAL�2 Area Ma Lo...... TBD Area Map wRh L.datlons TBD EG -1.05 IN 3'sqn,e ak.*w ftbkg AJ,.fmm up pained Black 1—, at ak,.im plaques 1.1,nuted In Irk like a .14 plalp. Western Red Cedar Post I 10'square ,r, MILTON CITYS BROADWELL PAVILION Match cedar posts to the Broadmir Pavilion, Fabricator to provide samples for approval Oar to fabdution. SIDE ELEVATION FRONT ELEVATION SCALE: 12'=1'-0' VEHICLE DIRECTIONAL INSTALLATION SCALE: 1/4* =1' G' EQ EQ 7•-2• T 5'-7 3t4' 10' _ 1_ 7' Ckvis, lin red, SCALE: 1'. 1 -0' � Btu- —� s o 314 turMuckle assembly 2' pairo d(F1) 10318' on ALUMINUM CAP DETAIL SCALE: 1'. TV - Weslem Red Cedar Post (Ml) 114' aluminum shed stork .. - r squate akmudun tubing C-tty Hall Al -i— brackets v cIded tc sign par d Keyhole mounting this side. Mechadcally fastened All haN arc painted Black (FU SECTIONA p t u ' . �,.. o a MOUNTING DETAIL 0 o SCALE: 1-112'-1'-0'. T Library O4-0' T Park T Milton Sch ols 0 0 Fort HeNed. LT Std Condensed Square alullmom welded to brackets. All welds and scams snaothed and sanded prior to painting. B'-3' Sllghlly slope c"""above grace ween pat.ad Seal betpo aluminum base toallm for drainage. Use aterprocf caulk an joint baween co ce, and post, so no nnistuce can gel hough. Concrete foundation and focW size and depth TBD by fabdcatnr's errcgneer and detailed in shop dra mgs. SIDE ELEVATION FRONT ELEVATION SCALE' 112' - T-0' Rear elevation of Sgn is a mirror image. Refer to message schedule for meSSaW, SIDEELEVATION BACK ELEVATIONSCALE: 112' =1'-P EG -2.02 T C, 1_ PLAN VIEW SCALE: 1'. 1 -0' � Btu- —� 314 2' 10318' on ALUMINUM CAP DETAIL SCALE: 1'. TV - Weslem Red Cedar Post (Ml) 114' aluminum shed stork .. - r squate akmudun tubing Al -i— brackets v cIded tc sign par d Keyhole mounting this side. Mechadcally fastened All haN arc painted Black (FU SECTIONA p t u ' . �,.. o a MOUNTING DETAIL 0 o SCALE: 1-112'-1'-0'. SIDEELEVATION BACK ELEVATIONSCALE: 112' =1'-P EG -2.02 A Paint ersreassombledpaque 6' Pao Brom Metallic to help seal ft piactue and fill 07. n)(911" I I DETAIL OF HORSE PLAQUE SCALE: 3'- l'- W 9 B, kpla.le 51'2' Frew Home comud visually by weight Blind mounted firtsh to wood post sh sords and siNcon adhesive for a sectse, bond Seal edges to prevent 1;4 "ter ininmion 3/8' Plaque recessed into wood --/ Construct plaque ficM 114- hulltifnim shoot stock. Bond layers cf aluminum %riih exterior grade Permanent adhesive. No ViSPA gaps a aftsfr'. SECTION A r , — p,,dW,,! s.rT.pa c q.od for aPP-1 1- Vj EG -2.03 Kiss pairs the home Black Paint -Name and returns Brad (FI) DETAIL OF HORSE PLAQUE SCALE: 3'- l'- W 9 B, kpla.le 51'2' Frew Home comud visually by weight Blind mounted firtsh to wood post sh sords and siNcon adhesive for a sectse, bond Seal edges to prevent 1;4 "ter ininmion 3/8' Plaque recessed into wood --/ Construct plaque ficM 114- hulltifnim shoot stock. Bond layers cf aluminum %riih exterior grade Permanent adhesive. No ViSPA gaps a aftsfr'. SECTION A r , — p,,dW,,! s.rT.pa c q.od for aPP-1 1- Vj EG -2.03 REAR ELEVATION SCALE: 11T =1•.0' S';I17Tvp 4-6' 51116: Downtown City Hall 10' 3 -9' 21;2' 6' T Shops &Dining T 10 PANEL DETAIL ONE LINE OFTEXT SCALE: V - 1' 0' F LA We prorJu ,- q* d vgr panel ha,d..r, am b,aekO—,p—d fX aM.ai EG -2.04 *-I Downtown E City Hall T Shops &Dining A-01. SIDE A F City Hall +- I Broadwell Pay. E I Library A 03 SIDE A A 05. SIDE A . ,:M. Syn NAI recd IC be , 5 shop LoA n9a wn City Hall FT FT A 05, SIDE B F I City Hall T Shops & Dining T Broadwell Pay. T Library A 1 SIDE ..r,,:-4 —k IOM Syn MI nCld tc DC v—d at fau-ta 5 strop m nstalWtcn 141 City Hall T Shops & Dining T Broadwell Pay. T Library A00. SIDE A Ir r:,:nt ASN at IaDncata's shop L" -wot- Downtown 14 1 City Hall 1'1 Shops7& Dining A 02, SIDE B E I Library 141 Shops & Dining T Broadwell Pay. A-07, SIDE A In Current + k za Sg0 YA rkvd to be Lm m Fabri Id , Shop W .'WI~ A 09, SIDE A E I City Hall T Friendship Park T I Milton Schools FT A 09. SIDE B E Shops &Dining 4 Library T Friendship Park T Milton Schools A 11, SIDE B E Milton Schools E Friendship Park 141 Broadwell Pay. T I Library A-08. SIDE A wreMw k Sgn YAI rk,d Ic Cc 40ICA dl IaDntata s Shap arcalISId wt- E BroadwellPay. 14 1 Friendship Park 141 Milton Schools T I Shops & Dining A-10, SIDE B E Library T Shops & Dining T Broadwell Pay. A 12, SIDE B EG -2.06 na° F I Milton HS F I NW Middle It I Friendship Park CI Crabapple ES A 13. SIDE A NW Middle 141 Milton HS A-15 SIDE A A 13. S10E B F� F II A-15, SIDE B A-14, SIDE A � NW Middle 141 Milton HS A-14, SIDE B EG -2.07 PLAN VIEW Top portion of ak-n rn panel painted tied Afunkaen pp painted Black Fd sled mock up of panel IMArod for aWmal Doude-Wed AkeNnm pain.! Wad! Black mtlt applied xbke vinyl message (nanteeective) P x a' Wevem Red Cedar Post 7 x V Western Rod Cedar slat Engraved k me, i fi l painted black Fcn, Tgan No Bold Ahidinum base and hardware pairAed Black SIDE ELEVATION PEDESTRIAN DIRECTIONAL - SIGN TYPE B FRONT/BACK ELEVATION SCALE: 1 •1'-D' M, Y\ EG -2.08 �35l1G � sre• sns• 718' 716" stn• —� PLAN VIEW 411116' ,.,...., ALUMINUM CAP DETAIL 4'x 4'posts(R'1) - SCALE: 3"=1'-0' 3'5112" 1 7/T Utick alumirwm panel —JI � 5112' a°s 3 2B C urracne.av CRABAPPLE DISTRIC A SCALEO1'- I SCALE: 1' =1"-0' - 4-1o112• © City Hall zn x� I <I m I a min. k © Friendship Park Fwx: Trojan Pro Bold 2'.8" © Broadwell Pavilion - z -,o 112• � tomm. < p Library a min. d < Fort HeNoira LT Std Condensed © Milton School & ---2,-',',--,— Fore: Trojan Pro Bald i.., �+.. ..-. o Seal between post and - - MILTON—° Sligt9ty slope concrete above grade 4• aluminum base 4• ° DOWNTOWN to alba for drainage. Use waterproof Z• so rileremsturean - caulk orpet between.mere and Post. get through. 4• _ Conner, foundation antl footer. size and 3' rbpth TBD by fadiratm's enyncer and 1' detailed in shop drawings. 5 712' o ° 0 0 0 o Seal past helm. grade in wood preservative. Gravel below core to to allow proper drainage. .. SIDE ELEVATION PEDESTRIAN DIRECTIONAL SIGN TYPE 8 FRONTI BACK ELEVATION SCALE: 1' = 1'- D' EG -2.09 Y-11" -T" 1 CRABAPPLE DISTRICT n1a• 3778' I 2112• 1 2 min. 7 1 4 City Hall <1min. A 1 19 i i3 min. * 1 1 va• © Friendship Park =<1 min.A 1114" 1518' I I —1 4 Broadwell Pavilion 2 min. I 2`418' 1 I Ire. 10 min. ; © Library 3min.,, I I I 110' 7 min. * I 1 0 Milton Schools 2min. C 1 z,rr I 1 2" 2- 2-1 Porlbn cf panel PEDESTRIAN DIRECTIONAL- SIGN TYPE B 112" centealed in woa DETAILS FOR SINGLE LINES OF TYPE SCALE: 1112'= T 0• 2 vz• r 11/1fi'= 2' 112' 2' 11116' _ 2- T5—m: 1518' 2" 128' 1518' �' Im CRABAPPLE DISTRICT I Q Northwestern 1 2min. Middle School I `1 min. I © Milton 2min. �¢ 1 High School I <1 min. I © Shops & Dining 13min. 4 © Broadwell Pavilion 13min0 min'A I2'12'1 PEDESTRIAN DIRECTIONAL - SIGN TYPE 11121 DETAILS FOR SINGLE & DOUBLE LINES OF TYPE SCALE: 1 112"= V 0' c° 2.0. EO 1114' 7116' 1114• EO EG -2.10 CRABAPPLE DISTRICT © Milton City Hall �m © Friendship Park Bd1, SIDE A 8 01 SIDE B In tare. wale — Syn dI mM to b, Vb m m IaMalor 5 SMp m rtlst ul- Walk rime and hike 1H. WN be =Red ed when locations and messages are approved CRABAPPLE DISTRICT © Milton City Hall © Broadwell Pavilion © Library © Friendship Park 20't', A* CRABAPPLE DISTRICT © Milton City Hall © Shops & Dining $0m'iZ CRABAPPLE DISTRICT © Friendship Park L: � .�Igrl Type i:5 CRABAPPLE DISTRICT © Milton City Hall '0'0': A* F.I? SI -FA 802SIDE B Z Syn YAI r—d la be, _ cabssstv;pWAnvalla- © Library CRABAPPLE DISTRICT © Northwestern aamb Middle School 0"1" © Milton damn. High School 00 B-03, SIDE A B-03 SIDE B 804, SIDE A B-04, SIDE B I EG -2.11 PLAN VIEW SIDE ELEVATION PEDESTRIAN DIRECTIONAL INFORMATIONAL- SIGN TYPE C FRONT / BACK ELEVATION SCALE: t' - T-0' Afunlnun cap painted Black op portion of akrmou i cabinet painted Red ea 11/2' dcopAlurniwm cabinet painted Black Cxxn'fxc-sx>s Houses two poster frame lockN cabinets. Disptays2Go, 24 x 36 Outdoor Poster Frame for Wag, Swig Dm with Gasket )SKU /SSPH2436V2) orequfWan" . . WA.-cisplays2go.com) V x IT Western Red Cedar Post _ �ul sued mockup of amvA regfired for approval uNmrk not final, pravhdad by Chats . igraved lacers infill painted black ' x P Weston Red Ccdx slat Juninum base and haf(Wafe painted Black I EG -2.12 T 312' 5 I PLAN VIEW Internal structure to to determined by fabricator's cnginccr and detailed in fabricatufs stop drawings for approval prior to fabrication Fom. Trajan Pro Bold Sl,gmly slope euncrele above grade to allow for drainage. Dsc watorpreof oink onjoira between concrete and past. Concrete foundation and footer, size and depth TBD by fabriate, s engineer and detailed to shop drawings. Seal post below grade in wood preservative. Gravel bnlmvwW."" to alb. proper drainage. } EG -2.13 SIGN TYPE D.1 - BANNERS 30" X 72" SIGN TYPE D.2 BANNERS 24' X 48" INSTALL ON 20.30 TALL LIGHT POLES INSTALL ON 14TALL LIGHT POLES SCALE: 114' =1'- 0' SCALE: 1/4' =1' 0' Thnenn (131 to hn hnvalkd at Wo round&& W-atnnc S.. (7) to be nla1M at Mi1Rxh Oty Hal Son Ban-, and hardware lot-od at Iabrcator s Shop Lr" n4atlaoan Fat—lro tc field b e rsLAatan with Owner EG -2.14 SIGN TYPE D.1 - BANNERS 30" X 72" ELEVATION (DETAIL) SCALE:112' = V.0' INSTALL ON 20-30 TALL LIGHT POLES Al—k ,"final Fnal a^—K wT.1 C,: prcvdDd by the On, Clovis and tie rod assembly pained to match finish of fight poles Custom aluminum channels Banners side into channels Finished to match fight poles Minimum 13 oz. vinyl material, double -sided digital print and UV coaling (design by others) Color correspondswidl specific district acrossroad within Bio City of Mfilon Tamper resistant cap locks banner in place SIGN TYPE 0.2 - BANNERS 24"X 48" ELEVATION (DETAIL) SCALE: 1/2'- 11'. W INSTALL ON 14TALL LIGHT POLES Clovis and lie rod assem 4 paid to match finish of light poles Custom aluminum channels Banners side into charnels Finished to match light poles Minimum 13 oz. vinyl material dwitle-sidM digital print and UV coating (design by th—) Color corresponds with specific diistrict or crossroad within the City of Mllmn Tamper resistant cap locks bamur in place 1 2 1Y Tampa rC5i5laMgp locks barna role place ,(4' Chamwl filled wtb aknnirx. piece to pmveM banner from Wrg too tar Al.w— piece weldod into pla. PLAN VIEW Indudr. Nbber lina.kuide of.acct to prol'a do IgM Pole 1V4 T BRACKET DETAIL FOR a' POLE FRONT VIEW SCALE: 3' • 1'. 0' Allot., mcasucmene remain the same. Inciude seep hobs fa drainage Al— dols r okl d M bracket All welds SMW aM WWW prior w pa" Pam" to match color and fkis of existing kjv poles ii Cf?trl'f:R l ,RRS Onnner wraps arn.d pole and •'�'^t"' Slides into cha v i G O AluTwx n dtanrM created tram .... llW sheet stock Sue 90 degree angles Cap not shown in this view SIDE VIEW EG -2.16 Aluminum up Ckw'rtic �itl nssrnLiy Aliniimtm base PLAN ELEVATION SIDE ELEVATION HISTORIC MARKER OPTION 1 -FRONT ELEVATION REAR ELEVATION SCALE: 11@'=1'-0' iyp r.. C'+�tn'Ft+l �Iixl EG -2.17 NOTE Some historic marker wil only requne the plaque to be constructed, absent of the post and other hardwae. dependng on Ihe location of the sign Locabons and content are still bemg developed by the ckent I I I 4'.a 114 I I I 411d' S PLAN ELEVATION r.0 2114• b" THE BROADWELL BUILDING 1902 Seal bebvuen post and aluminum base S19Mly slope concrete above grade W noislere Can 2'7• m to allow for drainage. Use"[wool gel though. caulk oljova between concrete and post. Cowa foundation and footer, size and depth T8D by fabricator's omjnoo and Me" in shop drawings. 0 0 5 " o o Seal post below grade in wood t ,:,4 preservalhe. Gravelbelow concrem no ago. prow drainage. SIDE ELEVATION HISTORIC MARKER OPTION 1 - FRONT ELEVATION SCALE: tin• - P- 0' O O 0 0 0 0 REAR ELEVATION I`Ia., C; J!};) EG -2.18 2'u' 03114' AIl4' dear space reamed an seal (Satin Bronze fetish) i I '-E- 7' 9' THE BROADWELL BUILDING The Broadwel Budding was built by John Broadwell. circa 1902. Of local hand -fixed brick. The Crabapple Mercantile Company was operated by John's half brother, Newport H. Broadwell, Jr. Newport's second wife, Nannie Stephens &oadwel directed local plays on the second floor Over the years the space also served as lodging for travelers. square dances, millinery. a men's lodge. and community meetings. Over the years the space also served as lodging for travelers, square dances, millinery, a men's lodge, and community meetings. The Broadwell Building was buiC by John Broadwell, circa 1902. of tical hand-fted Lxick. :�;A CITY OF MILTON HISTORIC SITE v4' 1902 A - HISTORIC MARKER - PLAQUE DETAILS SCALE: 3' =1'-0' CastaUt*x m plaque with sarin bronze 6ntsh and Ietherede background texture. Plage made of exterior grade Material. City of Mikan to provide content to Pagu¢ Maukaum wad coot: 9S Fats Century Godk and Trajan Pro Bold 3 114' 314- 1. 7-114' 6 7116' —V 1114' City Seal Blind mourned lksh to wood surface J win studs and skan adhesive for a seam bond No visible fasteners a adhesive / Cast Plaque J/ Noniron Backer J fetshed to matdi plaque / Cedar Post 1' SECTIONA CITY OF MILTON SEAL SCALE:FULL ei - Sign Tyle- E. EG -2.19 �Ii'1 �r,jrF' "S Jlyrl IVc n• U.,6O-SI01 wieLh. a551unL'S O.8O'thick aluminum sgn Created from VT akmhinrm Shen rock, mteyd atLM Boaom edge of Fabkatn tofdd verily panted Bled' T �vial etchedm maktaindafuhtion1 0 0 Crabapple ' STREET SIGN TOPPER DETAIL -FRONT VIEW STREET SIGN TOPPER DETAIL- REARVIEW SCALE: 3'= T.0' SCALE: 3'= T-0• Use tamper resistant set screws from the rear view :11 SIDE STREET SIGN TOPPERC", C.,— VIEW SCALE: 1112••7'-0' to secure tapper to the skeet sign Hardware painted Black Fabricator to confirm thickness of aluminum is sturdy enough to maintain the integrity of the sign. FJ prodrtiun sanpc required in, approval Existing street signs andhardwme TO E isfn imeetsippirk . RECOMMENDATIM, Part the pee and hardware heker the sign to match the skeet sign topper and adher hanMare in tlhe package, DONE BY OTHERS EXISTING CITY OF MILTON STREET SIGNS STREET SIGN TOPPERS INSTALLATION SCALE: 112' =1'- 0' 2• square posts with holes Some signs have white borders EG-2.20 HOME OF M I LTO N FSTABLISHED 2006 ACKNOWLEDGEMENT RECEIPT OF ADDENDUM #1 ITB 17-CD02 Upon receipt of documents, please email, fax or maii this page to: City of Milton Attn: Honor Motes, Purchasing Office 13000 Deerfield Pkwy Suite 107F Milton, GA 30004 Phone: 678-242-2507 Fax: 678-242-2499 Email: honor.motes@cityofmiltonga.us I hereby acknowledge receipt of documents pertaining to the above referenced iTB. COMPANY NAME: CONTACT PERSON: ADDRESS: CITY: PHONE: EMAQ L ADDRESS: STATE: FAX: ZIP: Signature Date ADDENDUM #1 ITB 17-CD02 Page 1 of 3 HOME OF ` ESTABLISHED 2006 ADDENDUM #1 ITB 117-CD02 This Addendum forms a part of the contract documents and modifies the original ITB documents as noted below: 1. Additional Price Requested - Double Sided Historic Marker (design attached) 2. This Bid Schedule replaces the original Bid Schedule (page 26) of ITB 17-CD02 3. Bid Schedule below is the accepted form and must be returned with bid submittal ITB 17-CD02 Page 2 of 3 HOME OF ` M1L1()Ni% ESTABLISHED 2006 [BIDDERS MUST RETURN THIS FORM WITH BID RESPONSE] BID SCHEDULE Type Sign Description Quantity Unit Price Total A Vehicle Directional 15 B Pedestrian Directional 4 C Pedestrian Directional Informational 3 D.1 Banners 30" x 72" 13 D.2 Banners 24" x 48" 7 E Historic Markers (Pole Mount - Full Assembly - "Single Sided") 30 F Street Sign Toppers 100 Total Project Price: (Add items A - F) *Prices should include all labor, materials, equipment necessary io insiaff each item as required by project specifications. BID ALTERNATE E.I Historic Marker (Plaque Only) EA E.2 Historic Marker (Double -Sided Pole Mount) EA ITB 17-CD02 Page 3 of 3 .1ff"D112kimpluk, ITB 17-CD02 Upon receipt of documents, please email, fax or mail this page to: City of Milton Attn: Honor Motes, Purchasing Office 13000 Deerfield Pkwy Suite 107F Milton, GA 30004 Phone: 678-242-2507 Fax: 678-242-2499 Email: honor.moteskcityofmiltonga.us I hereby acknowledge receipt of documents pertaining to the above referenced ITB. COMPANY NAME: CONTACT PERSON: 11, CITY: STATE: ZIP: PHONE: FAX: EMAIL ADDRESS: Signature ADDENDUM #2 Date ITB 17-CD02 Addendum #2 Pagel of 4 This Addendum forms a part of the contract documents and modifies the original ITB documents as noted below: Questions and Answers Contract Compliance We have reviewed the contract thoroughly and need the following information and clarifications. 1. The City of Milton is Tax Exempt and will supply a tax exempt Certificate with The Contract. orrect. 2. All items must be priced as specified, with alternates being listed separately. 3. Engineering calculations and engineers stamp required for wind load and dead load for all structures and footings. Correct. 4. Erosion Control is not required by NPDES Guidelines for sites and disturbances this small. It is our intention to remove any excavated soil, clean up each site and cover any holes prior to leaving the site each day. Is this acceptable? 5. The Contract Documents state that lane closure permits are the Vendors responsibility. Will Lane closure permits be required for short stops in the curbside lanes for material and equipment delivery, outside of heavy traffic times. Could the city supply assistance from the Milton Police to help with this, in lieu of lane closure permits. If so will the vendor occur any costs? To clarify, the City of Milton calls their "lane closure permits" Right of Way Encroachment Permits. A Right of Way Encroachment Permit will be required for any work (short stops) in the right of way unless an off duty police officer is hired to direct traffic. 6. Please specify what form of documentation is required to indicate compliance with E Verify. Exhibit "D" of the bid document - Contractor Affidavit and Agreement. 7. Utility Location is the responsibility of the vendor. Should we include a preliminary sweep at Contract award to assure that the locations are clear, so that we could solve any issues early? 8. The specifications require that Sign Permits are the responsibility of the Sign Vendor. Will the city waive costs for these or should we include costs. Most of the signs as designed and located fall into the right away, the Milton sign code does not allow for this. Will the permitting process be through normal channels and procedures, or will the Package be reviewed and approved by the code compliance officials before contract execution? Will ITB 17-CD02 Addendum #2 Page 2 of 4 footing inspections be required? If so can we get them same day? If we can, this will help reduce costs. The City will waive sign permit requirements. The City will work with the vendor regarding prompt sign footing inspections when and if needed. Final locations have not been determined, City of Milton Public Works will help determine exact locations. 9. Transportation codes require that all signs in the right away must have break away posts. In order to comply, should we make all posts break away? We recommend that breakaway posts be included to possibly relieve the city of potential liability. Voc +hocn nro ron !iro.-i +-, he k—L.-r ..,n , --c c 10. The requirements indicate that several signs to be stored pending completion of sites. Could you give a timetable for site completion, so that we can include costs for additional mobilizations? Will it be possible to install these signs all at once, or are they required to be installed as each site is completed? These signs will need to be installed as each site is completed. All road work will be completed by December 31, 2017 although the road contractor may ask for a two month extensions. Field Survey, Results We have surveyed all locations and need clarification on the following issues. 1. The material used at the Pavilion is there is 8 x 8 western red cedar. The finished size is 7 %" x 7 %" indicating planed lumber. It has a smooth satin finish with chamfered edges. It is not rough cut lumber, as specified. It also has chamfered edges. Should we use this spec in lieu of specs indicated on the drawings? If so, this will change some of the component sizes on the drawings, since planed lumber runs smaller than rough cut. ;;uuyr7 Luc ,u,"'soul s r,ut sPeuij;eu. /, piuf;ua t;usL wrrr] a sn;uutr! cutin finish is desireu. tvice 10"x10" as drawn. If necessary, size adjustments will be discussed with the awarded bidder. 2. Documents require that the landscaping be restored by the vendor. Many of these sites are under construction. Could you please provide a schedule of expected completion dates so that we can determine which sited will require restoration? Coorccr,nnm?f9nnhn�ro rrnrior nP,tractcompllancP 3. Several sites will require removal or trimming of existing landscaping. Should we include these costs in our bid, or will the city be responsible for this work? The vendor will be responsible for this wori 4. The site conditions on Sign Locations A-8 and A-10 have a very small area to work in and have trees that could block the signs when they leaf out. Please clarify exact locations and indicate if we will be required to remove trees. General iocations are shown now, exact locations wiii be determined. ITB 17-CD02 Addendum #2 Page 3 of 4 5. Location C-02 must be slated for future construction, since we cannot find it. Can you indicate planned site conditions and completion schedule? C-02 is at Broadwell Pavilion. The exact location will be determined. Product Specification Clarifications Please clarify the following questions regarding product construction. 1. Preliminary exploration with distributors regarding the stain specified for the cedar, reveals that sales of this specific product fell dramatically last year and they do not intend to stock it this spring. Given this information, should another product be considered or should we maintain this spec and special order? This stain matches what was used on City Hall. Price as specified. If required, alternates will be explored with the awarded bidder. 2. Specifications indicate that non corrosive fasteners are required. This usually means that stainless fasters are to be used, and that galvanized or zinc plated hardware is not acceptable. Is this the case? to determine bei, rr;ethod for�u be calleu our an shop aravvings. All places where it calls out for copy to be engraved into the wood, may we substitute sandblasting so it doesn't leave engraving lines? This is acceptable as long as the design intent is maintained. A sample will be required for r , 4. On page 2.17 Plaques are called out as cast aluminum with bronze finish. Please specify whether this is a painted bronze finish or real cast bronze to match what is being supplied at City Hall. What is the intent of the %" alum plate behind a cast plaque? Change to a cast 1„ thick bronze plaque for pricing. The %" aluminum plate is specified to achieve the desired thickness. The idea was to keep the cost as low as possible. 5. On Page 2.17 — 3"x 3" is not a standard cedar post. Can we use a 4" x 4. Or should we price a custom 3 x 3 post? A 4"x4" post ,,-eptablf 6. On Page 2.20 Toppers. There is no location plan for us to identify and survey these existing signs. Will you supply a site plan for us to confirm these, or are we to assume that all the street blades on which these mount are .080 alum and all slots will be cut accordingly. The City of Milton will determine these locations. The slot is called out to be 0.160" thick, attached with tamper resistant set screws. The fabricator will be required to field verify the existing conditions prior to fabrication and fabricate in a one -size fits -all approach. 7. On Page 2.02 please provide material spec for the material that wraps the post. %' aiuminum sheet stock, bent with 90 degree angles to wrap post. ITB 17-CD02 Addendum #2 Page 4 of 4 W, WI as t I [INSERT (PROPOSAL/BID) DOCUMENTS FROM CONTRACTOR] 361 Page ® Cover Letter • Completed and Signed Invitation To Bid ® Bid Form and Addenda Acknowledgement (2 pages) ® Bid Bond (3 pages) Qualifications Signature and Certification List of Sub -Contractors (not applicable to our bid) Contractor Affidavit and Agreement (e -verify) Disclosure Form Bid Submittal Form Qualification sheet listing three projects of similar size and scope o (with references) div. CIB International 826 Curie DrWc, Alpharetta, GA 30005 Tel: 675/393-3313 Pax: 678/393-3323 February 27, 2017 City of Milton 13000 Deerfield Parkway Suite 107F Milton GA, 30004 Att: Honor Motes -Purchasing Office Re: Bid #: 17-CD02 Milton Downtown Wayfinding Signage Project Dear Ms. Motes: Thank you for giving us the opportunity to present our proposal for the above captioned project. We have reviewed the requirements as outlined in The Invitation To Bid Document and are confident that we will be able to meet, if not exceed your requirements, as set forth in the Scope of Work and Services section. We have completed and enclosed all documents as required together with an attachment providing references and three (3) previous projects of similar size and scope CanAm Signs & Imaging (CSI), a 4th generation family owned business specializing in the signage industry has developed a respected reputation with a wide array of construction companies, destination retail, corporations, universities and communities undergoing renovation and transformation. We work for developers, architects, corporations, institutions, and governments, on projects ranging from hospitals and university campuses to retail centers, sports facilities, and urban districts. For every project, we deploy the ideal mix of signage and graphics, exhibits, printed materials, and interactive digital technology to create a place that is more engaging, informative, and understandable. We have developed effective protocols to work with design professionals - in seamlessly transforming creative concepts into a quality creation. We communicate and collaborate with all entities involved in the project. We design, output, manufacture and install a diverse range of custom signs including: ® Architectural elements, monument signs & pylon signage o Channel Lettering, reverse channel lettering & Exterior Signs ® Digital Signage & Electronic Displays • Interior Signs + Displays • LED & neon Lighting ® Way finding & ADA Signage ® Awnings & Standing -seam Canopies We have assisted many communities in their desire to focus on and implement the planning and design solutions that enhance the way people experience the physical environment. If our overall proposal is found acceptable, we would be delighted to work with and your staff in the execution of this project. Sincerely t \1a David Kapilo CanAm Signs & Imaging CITY OF MILTON INVITATION TO BID ES IASM!IfD 2C06 (THIS IS NOT AN ORDER) Bid Number: Project game: 17-CD,02 Milton Downtown Wayfinding Signage Project Due Date and Time: City of Milton February 28, 2017 Number of Pages: 126 Local Time: 2:00pm Special instructions: ISSUING DEPARTMENT INFORMATION Issue Date: January 26, 2017 City of Milton Community Development Department Phone: 678-242-2500 13000 Deerfield Pkwy, Suite 107F Fax: 678-242-2499 Milton, Ga. 30004 Website: www.cityofmiltonga.us INSTRUCTIONS TO BIDDERS Return Submittal to: Mark Face of Envelope/Package: CIB International Bid Number: 17-CD02 City of Milton Name of Company or Firm Attn: Honor Motes, Purchasing Office (Please print na e and sigr in ink) Lyon Bodzy Special instructions: 13000 Deerfield Pkwy Suite 107F Deadline for Written Questions Milton, Ga. 30004 February 10, 2017 at 5:00 pm Bidder Federal I.D. Number: Email questions to Honor Motes at 20-1069401 honor.motes@cityofrn11tonga.us BIDDERS MUST COMPLETE THE FOLLOWING Bidder Name/Address: Authorized Bill r er gnatory: CIB International d/b/a CanAm Signs & Imaging 826 Curie Drive (Please print na e and sigr in ink) Lyon Bodzy Alpharetta. Bidder Phone Number: Bidder FA)Lf3 (678)393-3313 Bidder Federal I.D. Number: Bidder E-mail Address: 20-1069401 dkapiloff@canamsigns.com BIDDERS MUST RETURN THIS COVER SHEET WITH BID RESPONSE ITB 17-CD02 1 I Page HOME OF `THE BEST' GUALIT OF LIFE IN GEORGIA INV L ESTABL15HED 2006 [BIDDERS MUST RETURN THESE SHEETS WITH BID RESPONSE] (3 PAGES) BID BOND CITY OF MILTON, GEORGIA BIDDER (Name and Address): CIB International Corp. dba CanAm Signs & ima,inv, 826 Curie Drive, Alpharetta, GA 30005 SURETY (Name and Address of Principal Place of Business): National American Insurance Company, P.O. Bos 9, Chandler, OIC 74834 OWNER (hereinafter referred to as the "City" (Name and Address): City of Milton, Georgia - ATTN: Purchasing Office 13000 Deerfield Parkway, Suite 107F. Milton, Georgia 30004 BID BID DUE DATE: 2/28/17 PROJECT (Brief Description Including g Location) Fabrication and Installation of Wayfinding Signage fort e City of Milton, GA BOND BOND NUMBER: CBB47703 DATE (Not later that Bid due date): PENAL SUM: rive Percent of Amount Bide`!` k:pg.k# <:k k S :k (5% OF Amount Bid****************** (Words) (Figures) IN WITNESS WHEREOF, Surety and Bidder, intending to be legally bound hereby to the City, subject to the terms printed below or on the reverse side hereof, do each cause this Bid Bond to be duly executed on its behalf by its authorized officer, agent or ```vtiitutcJtu rryrrrrr�f. representative. �,t �N „•Rq,� ,� BIDDER CiB i.dernational orp. dba C inAm Signs & Imagines ! (91eal) Bidder's I i ne d Corporate Seal Signature End Tille: Attest: Signature ;Ind T tl ITB 17-CD02 SURETY S��G oRAT�' O National American Insurance Company s � ( � F �7; Surety's Name and Cor poratc.3'� 0 © �nX�:`� By: ✓=? ./n/1 . �� t _-.._r¢I;itlntttt>>>��k. Signature and Title: A.\4: DiGeronimo, Attorney -In -Fact (Attach Power of Attorney) Attest: i \ lit i i• I (Y1IU Assistant Signature and Title: 15 ) Page Bond No. CBB47703 -Cont. Note: (1) Above addresses are to be used for giving any notice required by the terms of this Bid Bond. (2) Any singular reference to Bidder, Surety, the City or any other party shall be considered plural where applicable. 1. Bidder and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to pay to the City upon Default of Bidder the penal sum set forth on the face of this Bond. 2, Default of Bidder shall occur upon the failure of Bidder to deliver within the time required by the Bidding Documents (or any extension of that time agreed to in writing by fhe City) the executed Agreement required by the Bidding Documents and any performance and payment Bonds required by the Bidding Documents, 3. This obligation shall be null and void if: 3.1 The City accepts Bidder's Bid and Bldder delivers within the time required by the Bidding Documents (or any extension of thai time agreed to in writing by the City) the executed Agreement required by the Bidding Documents and any performance and payment Bonds required by the Bidding Documents; or 3.2 All Bids are rejected by the City; or 3.3 The City fails to issue a Notice of Award to Bidder within the time specified in the Bidding Documents (or any extension of that time agreed to in writing by Bidder and, if applicable, consented to by Surety when required by paragraph 5 hereof). 4. payment .under this Bond will be due and payable upon Default by Bidder within 30 calendar days after receipt by Bidder and Surety of a written Notice of Default from the City, which Notice will be given with reasonable promptness and will identify this Bond and the Project and include a statement of the amount due. 5. Surety waives notice of, as well as any and all defenses based on or arising out of, any time extension to issue a Notice of Award agreed to in writing by the City and Bidder, provided that the total time, including extensions, for issuing a Notice of Award shall not in the aggregate exceed 120 days from Bid due date without Surety's written consent. 6, No suit or action shall be commenced under this Bond either prior to 3o calendar days after the Notice of Default required in paragraph A above is received by Bidder and Surety or later than one year after Bid due date. 71 Any suit or action under this Bond shall be commenced only in a court of competent jurisdiction located in the State of Georgia. IT8 17-CD02 16 1 Page Bond No. CBB47703 -Cont. £3,. Notices required hereunder shall be in writing and sent to Bidder and Surety at their respective addresses shown on the face of this Bond. Such notices may be sent by personal delivery, commercial courier or by United States Registered or Certified Mail, return receipt requested, postage pre -paid, and shall be deemed to be effective upon receipt by the party concerned, 9, Surety shall cause to be attached to this Bond a current and effective Power of Attorney evidencing the authority of the officer, agent or representative who executed this Bond on behalf of Surety to execute, seal and deliver such Bond and bind the Surety thereby, 10. This Bond is intended to conform to all applicable statutory requirements, Any applicable requirement of any applicable statute that has been omitted from this Bond shall be deemed to be included herein as if set forth at length, If any provision of this Bond conflicts with any applicable statute, then the provision of said statute shall govern and the remainder of this Bond that is not in conflict therewith shall continue in full force and effect, 11. The term "Bid" as used herein includes a Bid, offer or proposal, as applicable under the particular circumstances, 12. The terms of this Bid Bond shall be governed by the laws of the State of Georgia. ITB 17-CD02 17 -1 P a g e NATIONAL AMERICAN INSURANCE COMPANY Number: CBB47703 CHANDLER, OKLAHOMA POWER OF ATTORNEY DUPLICATES SHALL HAVE THE SAME FORCE AND EFFECT AS AN ORIGINAL ONLY WHEN ISSUED IN CONJUNCTION WITH THE ORIGINAL. KNnOc pal offi MEN t BY city ESE PRESENTS:OklahThat pthe purstional American uant t to the following lnsurance Con resolution, dopted by therBoard of Direct poration duly ors oaf the said czed under ompany on the 8th day of e laws of the state of July. 987, to wit: principal its of "Resolved, that any officer of the Company shall have authority to make, execute and deliver a Power of Attorney constituting as Attorney-in-fact, such persons, firms, or corporations as may be selected from time to time. Resolved that nothing in this Power of Attorney shall be construed as a grant of authority to the attorney(s)-in fact to sign, execute, acknowledge, deliver or otherwise issue a policy or policies of insurance on behalf of National American Insurance Company. Be It Further Resolved, that the signature of any officer and the Seal of the Company may be affixed to any such Power of Attorney or any certificate relating thereto by facsimile, le seal and certified by ower of le ttorneurer certificate facsimile sealshall valid landgnature or ti binding upon thelCompany shall be the future valid and w th respng ect Po any bond and documents relatinghe Company and any such t powers h bonds to and any such facsi signat which it is attached." National American Insurance Company does hereby make, constitute and appoint A.M. DiGeronimo, Colin Y. Tumy its true and lawful attorneys) -in -fact, with full power and authority hereby conferred in its name, places and stead, to sign, execute, acknowledge and deliver in its behalf, and its act and deed, as follows: The authority of said Attomey-in-fact to bind the company shall not exceed 53,000,000 for any single bond. And to bind National American Insurance Company thereby as fully and to the same (s) pursuant as if suant t such authority herein given,bonds and documents lartng to such e hereby attionds were, signed ified and confirmed.by the duly authorized officer of the National American Insurance Company, and all the acts of said Attorney() p IN WITNESS WHEREOF, the National American insurance Company has caused these presents to be signed by any officer of the Company and its Corporate Seal to be hereto affixed. NATIONAL AMERICAN INSURANCE COMPANY C40 1,14 INSU? M J � Q a S ti a yy a aKtAP W. Brent LaGere, Chairman &Chief Executive Officer STATE OF OKLAHOMA ) COUNTY OF LINCOLN ) SS: On this 2nd day of January, A.D. 2014, before me personally came W. Brent LaGere, to me known, who being by me duly sworn, did depose and say; that he resides in the County of Lincoln, State of Oklahoma; that he Is the Chairman and Chief Executive Officer of the National American Insurance Company, the corporation described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said corporation and that he signed his name, thereto by like order. jb =PUBLIC SEALYLOR OKLAHOMACOUNTY Notary Public . 02006203 My Commission Expires April 8, 2018 �I-Rs'' Commission #02006203 STATE OF OKLAHOMA ) SS: COUNTY OF LINCOLN }ERTIFY that the Ultl4106va�I, theundersigned, Assistant Secretary of the National American Insurance Company, an Oklahoma CorpZr�at, DO HEth da BofCFebrllaryog/���i�� POWER OF ATTORNEY remains in full force. Dated the y Signed and Sealed at the City of Chandler. GpN INSUy -: q$ i B��capPOggt� � - ' a S o ,; .. KLAN,.•• ,• g. t LA"O 4 Joyce M. Seitz, Assistant Secreta// rflittltttt��"\\\� HOME OPTHE BES( QUALIIY OF LIFE IN GEORGIA' ESTABLISHED 2006 [BIDDERS MUST RETURN FORM WITH BID RESPONSE] C ► SCHEDULE Type Sign Description Quantity Unit Price Total A Vehicle Directional 15 $4,146.67 $62,200.05 B Pedestrian Directional 4 2 700.00 $10,800.00 C Pedestrian Directional Informational 3 $2,565.00 $7,695.00. D.1 Banners 30" x 72" 13 $900.00 $11,700.00 D.2 Banners 24" x 48" 7 $900.00 $6,300.00 Historic Markers (Pole Mount - Full 30 E Assembly- "Single Sided") $1 285.00 S38,500.00 F Street Sign Toppers 100 $115.00 811,5oo.00 Total Project Price: $148,695.05 (Add items A - F) +samples 500.00 +P&P Bond 4,460.85 *Prices should include all labor, materials, equipment necessary to install each item as required by project specifications. TOTAL: 153,655.90 BID ALTERNATE E.1 Historic Marker (Plaque Only) EA $664.00 E.2 Historic Marker (Double -Sided Pole Mount) EA $1,952.00 1T13 17-CD02 Page 3 of 3 HOMEOF -IFIE BEST QUALITY OF LIFE IN GEORGi ' Mt LITON* 311 BID SUBMITTAL FORM The undersigned, as bidder, declares and represents that it has examined the site of the work and informed himself/herself fully in regard to all conditions pertaining to the place where the work is to be performed, including those conditions affecting the cost of the work and the delivery, handling and storage of materials and equipment. The bidder has examined and read the Bidding Document and has satisfied himself/herself that the Bidding Document is an adequate and acceptable reflection of the work which is required to be performed and that the bidder is willing and able to perform all of the work necessary. The bidder further certifies that no additional information is required to complete the work encompassed by this bid within the cost and schedule established and agreed upon within this bidding document. Hereby proposes and agrees, if this bid for the above named project is accepted to ( enter into a contract to perform all work necessary to the successful completion of the contract; and to supply all required submittals as indicated or specified in the ITB and the bid documents to be performed or furnished by bidder for the for the total contract price of: Ntilfbn Dlp" W- ifown.Wapfffidit g Signage Project 153 655.90 (Total Base Bid Price {Lump Sum}) -- Total Base Bid Price Should Match Total Project Price on Previous Page One Hundred Fifty Three Thousand Six Hundred Fifty-five and 90/100 (Printed Dollar Amount) CIB Internatio I d/b/a/ CanAm Signs & Imaging (Compa N me) (Signatur6) Lyon Bodzy (Printed Name) coo (Title) ITB 17-CD02 27 1 P a g e E.1 549,1,'ded fristotic Maker (plaque, posk and cli%is end 63 red asmrrbF) E.2 Do&--&-ded ffistak Maker [hvu plaques aid pozi) E3 Nstoric M.ker - Flaqw 00ty NOTE The citl OWtAwUse'iet614 czot,e cpb,�rz br:j cn th� lx3tcn cf tli. Hs&, maker. p 3'S-,— Wtlm Rod C"d Pod P11) wzavwicu I)OUELE-SIDEDi'.ISTC-,I'LtARiER-SICIITYPE E2 FRONT I BACK REVIATICIN SCALE't 12'.T-0' HSTCRC MARKER - FIAME MY- SIG" TYFE E3 FIACM ot V SCALE'i ItZ'- 1'4' N- N -A puz. bw —3 w e 0 a L, 1� . d F—. EG -2.21 HOME OF'11-1EBES! (DUALH), (J.- Lif-E IN GF01-ZGIA' R 11 S I I I'D 2006 ACKNOWLEDGEMENT RECEIPT OF ADDENDUM #1 ITB 17-CD02 Upon receipt of documents, please email, fax or mail this page to: City of Milton Attn: Honor Motes, Purchasing office 13000 Deerfield Pkwy Suite 107F Milton, GA 30004 Phone: 678-242-2507 Fax: 678-242-2499 Email: honormotes@c ityofmiitonga.us I hereby acknowledge receipt of documents pertaining to the above referenced iTB. COMPANY NAME: III International d/b/a/ CanAm Signs & Imaging CONTACT PERSON: tyonBodzy ADDRESS: CITY.' Alpharetta PHONE: EMAIL / SignatuW / ADDENDUM 826 Curie Drive STATE: GA — ZIP: 678393-3313 FAX: (,678}393-3323 Z. lbodzy@canamsigns.corn 2/24/17 Date ITB 17-CD02 Page 1 of 3 ►� i s�; _�� " ii _ 3WIN tWK111 Upon receipt of documents, please email, fax or mail this page to: City of Milton Attn: Honor Motes, Purchasing Office 13000 Deerfield Pkwy Suite 107F Milton, GA 30004 Phone: 678-242-2507 Fax: 678-242-2499 Email: honor motes a cityofmiltonga.us I hereby acknowledge receipt of documents pertaining to the above referenced ITB. COMPANY NAME: CIB INTERNATIONAL d/b/a/ CanAm Signs and Imaging CONTACT PERSON: Lyon Bodzy ADDRESS: CITY: 826 Curie Drive Alpharetta STATE: GA ZIP: 30005 (678) 393-3313 FAX: (678) 393-3323 EMAI A KESS: Ibodav(a anamsiens om 2/24/17 Signature Date ADDENDUM #2 Page 1 of 4 ITB 17-CD02 Addendum #2 HOME OF `T {i. BESi G�Ui=,LiiY i; i- L; E Ht; GEORGIA'. - .� v i F.STABLISHLQ?DOG ii II lill`• TO: PURCHASING OFFICE CITY OF MILTON MILTON, GEORGIA 30004 Ladies and Gentlemen: In compliance with your Invitation To Bid, the undersigned, hereinafter termed the Bidder, proposes to enter into a Contract with the City of Milton, Georgia, to provide the necessary machinery, tools, apparatus, other means of construction, and all materials and labor specified in the Contract Documents or as necessary to complete the Work in the manner therein specified within the time specified, as therein set forth, for: Bid Number 17-CD02 Milton Downtown Wayfinding Signage Project The Bidder has carefully examined and fully understands the Contract, Specifications, and other documents hereto attached, has made a personal examination of the Site of the proposed Work, has satisfied himself as to the actual conditions and requirements of the Work, and hereby proposes and agrees that if his bid is accepted, he will contract with the City of Milton in full conformance with fhe Contract Documents. Unless otherwise directed, all work performed shall be in accordance with the Georgia Department of Transportation Standard Specifications, Construction of Transportation Systems (current edition). It is the intent of this Bid to include all items of construction and all Work called for in the Specifications, or otherwise a part of the Contract Documents, In accordance with the foregoing, the undersigned proposes to furnish and construct the items listed in the attached Bid schedule for the unit prices stated. The Bidder agrees that the cost of any work performed, materials furnished, services provided or expenses incurred, which are not specifically delineated in the Contract Documents but which are incidental to the scope, intent, and completion of the ITB 17-CD02 13 1 Page Contract, shall be deemed to have been included in the prices bid. The Bidder further proposes and agrees hereby to promptly commence the Work with adequate forces within ten (10) calendar days from the Notice to Proceed, and to complete all Work within fifteen (1 S) weeks. if weather affects the required completion schedule, the City and selected Bidder will negotiate a new completion date. Bidder acknowledges receipt of the following addenda: Addendum No. 2 Date viewed 2/17/17 2/17.17 Bidder further declares that the full name and resident address of Bidder's Principal is as follows: Signed, sealed, and dated this day of 20 Bidder m International (Seal) Company Name Bidder Mailing Address: 826 Curie Drive Alpharetta, GA 30005 Signature: Cyon Bodzy Print Name: Title: coo ITB 17-CD02 14 1 Page HOME OF `Ti JE BESQUAL r(Y 0-- Ul=E iN GEORGIA' ', FSTARLIS1-1FD 2006 I certify that this offer is made without prior understanding, agreement, or connection with any corporation, firm, or person submitting a proposal for the some materials, supplies, equipment, or services and is in all respects fair and without collusion or fraud. I understand collusive bidding is a violation of State and Federal Law and can result in fines, prison sentences, and civil damage awards. I agree to abide by all conditions of the proposal and certify that I am authorized to sign this proposal for the proposer. I further certify that the provisions of the Official Code of Georgia Annotated, including but not limited to Title 32, Cha ter 4, Article 4, Part 2 and Sections 45-10-20 et seq. have not been violated and will not 6egiolated in any respect. Authorized Signature Print/Type Name Lyon Bodzy 2/25/17 Print/Type Company Name Here ciB international d/b/a/ CanAm Signs & Imaging CORPORATE CERTIFICATE Lyon Bodzy , certify that I am the Secretary of the Corporation named as Contractor in the foregoing bid; that Lyon Bodzy who signed said bid in behalf of the Contractor, was then (title) coo of said Corporation; that said bid was duly signed for and in behalf of said Corporation by authority of its Board of Directors, and is within the scope of its corporate powers; that said Corporation is organized under the laws of the State of Georgia This 25th day of February 20 17 ITB 17-CD02 18 1 Page HOME OFJE B=SI QUAL11Y OFLIFE IN GEORGIA' AA Jt mmwmzma� ESTABLI S I I ED 2006 [BIDDERS MUST RETURN THIS FORM WITH BID RESPONSE] LIST OF SUBCONTRACTORS I do _, do not x , propose to subcontract some of the work on this project. I propose to Subcontract work to the following subcontractors: Company Name: CIB Intemational d/b/a/ CanArn Signs & imaging ITB 17-CD02 19 1 Page HOME OF'1I V: fif.`,,i , ?;I =1 i1'' i !i lif ' 1'li { .i.�—!ii J. rSTABLISIir 2006 RETURN THIS FORM WITH BID RESPONSE] IBIDDERS MUST CONTRACTOR AFFID` ► AGREEMENT STATE OF GEORGIA CITY OF MILTON physical By executing this affidavit, the undercig �U i fin�raoct°o,porationwh chies its liaengagednce with O the phy 1 10-91, stating affirmatively that the authorized to use performance of services on behalf a°h rogram commonly known asity of Milton has dE-Venfysor any subsequent and uses the federal work authorizationp applicable replacement program, in accordance with the app provisions and deadlines established ral in O.C.G.A. § 13-10-91. Furthermore, tthe contrractdpe d and thntractor e undernue to use the e signed contractor work authorization program throughout 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 federal work authorization user identification number and date Contractor hereby attests that its of authorization are as follows: 290304 eVerify Number 6-6-2011 Date of Authorization CIB Inernationat d/h/a/ CanArn Signs 4u Imaging Name of Contractor Milton Downtown Wayfinding Signa e Name of Project Cite of Milton Name of Public Employer ITB 17-CD02 I hereby declare under penalty of perjury that theforeg ing is true and correct. ExecuteNk l 0 25th201?in Alphareittsfty), GA (s Signature o Authorized Officer or Agent piq / �0 Printed Name and Title of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME Q►ti THIS THE DAX OF NOTARY PUBLIC [NOTARY SEAL] My Coomiss pn �xoires: 20 1 page 10 HOME of If FIE BEST Q;4,•:'t_;T ; LIFE is , GFK;;:Gr`t ESTABLISH LD 2006 [BIDDERS MUST RETURN THIS FORM WITH BID RESPONSE] DISCLOSURE FORM This form is for disclosure of campaign contributions and family member relations with City of Milton officials/employees. Please complete this form and return as part of your bid package when it is submitted. Name of Bidder. Name and the official position of the Iton Official to whom the campaign contribution was made (Please use a separate form for each official to whom a contribution has been made in the past two (2) years.) List the dollar amount/value and description of each campaign contribution made over the past two (2) years by the Applicant/Opponent to the named Milton Official. Amount/Value Description Please list any family member that is currently (or has been employed within the last 9 months) by the City of Milton and your relation: ITB 17-CD02 21 1 Page CLEMSON UNIVERSITY Wayfinding Directional Signage Furnish and Install Interior and Exterior Signage Awarded an exclusive 2 year contract having been vetted as the signage partner of choice by Clemson University review team. We were able to comply with the most stringent requirements including: ® Developing an understanding of appropriate national and local building codes, ordinances and other requirements, as they relate to signage for the projects. Successful bidder will be responsible for properly permitting and engineering all appropriate signs. ® Performing a site review to verify locations, determine available areas for signage, confirm dimensions and identify potential conflicts with architecture or landscape designs. • Periodically updating budget estimates and prepare and adjust planning level schedule based on priorities and available funding. ® Coordinating all procurement activities with responsible Clemson's contracting and purchasing personnel. ® Developing wayfinding and directional solutions in a complex environment. ® Developing sign location plans and messages schedules. The location plans and message schedules are updated through the process. They shall be submitted to Clemson's facility management at the end of the project reflecting accurate placement and messages. • Preparing conceptual designs to determine direction and review with the design team, considerations for low maintenance materials, finishes, color, typography, lighting and scale. The Signage Contractor is developing a menu of recommended signage types for program review. • Preparing layouts based on actual sign messages to determine sign and letter sizes and to determine the need for variations to the wayfinding/signage program. • Providing final fabrication submittals based on approved design. Responsibility for fabricating the interior and exterior wayfinding/signage program in accordance with the approved design. ® Developing an installation schedule to assure timely, accurate and code compliant installation. ® Responsibility for the installation of the interior and exterior wayfinding/signage program in accordance with the design intent of the approved program Contact: Phillip Addington (864) 643-6164 padding@clemson.edu CITY OF SAVANNAH, GA Manufacturing of 14 wayfinding post & panel signs with architectural aluminum powder -coated scalloped bases with escutcheons & including break-aways with Transpo Type B anchoring. Installation throughout the downtown core in coordination with Traffic engineer and Tourism Coordinator of the City of Savannah Contact: Marija Bumgarner (912) 525-3100 X 8952, mbumgarner@savannahga.gov AUGUSTA TRADE, EXHIBITION & EVENT CENTER/ JW MARRIOTT CO -BRANDED/ CITY OF AUGUSTA: TEE CENTER Project parameters consisted of co -branding: Interior & Exterior signage program in a 100,000 sf, tight footprint with 372 hotel rooms to facilitate transitions of ingress and egress to the Marriott. The project includes interior way finding and exterior architectural signage for the Exhibit Halls that hosts events and meetings for the local corporate market as well as state, regional, national and international associations, religious organizations and sporting events such as the Augusta Open. The signage included over 3,000 custom architectural and complex way finding signs, ADA -compliant & color palette matched, exterior directional, internally LED hi -output illuminated aluminum letters and included signage for a 4 -story underground parking lot with floor levels and custom graphics to wrap approx. 1000 Eft. diameter parking lot columns with laminated digital print, graffiti -proof media & 250 suspended tamper -proof, break -away parking directional and, to include a delivery vehicle program to both entities. See www.Augustaconventioncenter.com Contact: Jim Cely, Project Superintendent, R.W. Allen, (706) 733-2800, jcely@rwallen.com City of Titusville, FL (Jan/2017) Furnish and Install Wayfinding Signage City of Titusville desired an experienced Company to provide and install wayfinding directional signs with approved FDOT breakaway poles in an effort to provide a user-friendly environment for the downtown core, biking trails and cultural historic areas. Contact: Tim Ford (321) 567-3860 timothy.ford@titusville.com "EXHIBIT C" Please see "Project Specifications" and attachment labelled "Milton Downtown Wayfinding Environmental Graphics" in "Exhibit A." Contractor shall provide the items and quantities set forth in the basic bid schedule in "Exhibit B" for a flat fee. If specifically requested in writing by City, Contractor shall provide additional historic markers at the per-unit prices set forth in the "Bid Alternate" section of the bid schedule. Bond No. CBB47764 "EXHIBIT D.1" CITY OF MILTON, GEORGIA KNOW ALL MEN BY THESE PRESENTS THAT CIB International Corp. dba CaaAm Signs & Imaging (as C ONTRACTOR, hereinafter referred to as the "Principal"), and National American Insurance Company (as SURETY COMPANY, hereinafter referred to as the "CONTRACTOR'S SURETY"), are held and firmly bound unto City of Milton, Georgia (as OWNER, hereinafter referred to as the "City"), for the use and benefit of the City, in the SUM of One Hundred Seventy Five Thousand & 00!100**** Dollars ($ 175,000 .00*, lawful money of the United States of America, for the payment of which the Principal and the Contractor's Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has entered, or is about to enter, into a certain written agreement with the City for the construction of a project known as Milton Downtown Wayfinding Signage Project Project Number ITB 17-CD02 (hereinafter referred to as "the PROJECT"), which agreement is incorporated herein by reference in its entirety (hereinafter referred to as the "CONTRACT"),. NOW THEREFORE, the conditions of this obligation are as follows: 1. That if the Principal shall fully and completely perform each and all of the terms, provisions and requirements of the Contract, including and during the period of any warranties or guarantees required thereunder, and all modifications, amendments, changes, deletions, additions, and alterations thereto that may hereafter be made, and if the Principal and the Contractor's Surety shall indemnify and hold harmless the City from any and all losses, liability and damages, claims, judgments, liens, costs and fees of every description, 391Page Bond No. CBB47764 -Cont. including but not limited to, any damages for delay, which the City may incur, sustain or suffer by reason of the failure or default on the part of the Principal in the performance of any and all of the terms, provisions, and requirements of the Contract, including all modifications, amendments, changes, deletions, additions, and alterations thereto, and any warranties or guarantees required thereunder, then this obligation shall be void; otherwise to remain in full force and effect; 2. In the event of a failure of performance of the Contract by the Principal, which shall include, but not be limited to, any breach or default of the Contract: a. The Contractor's Surety shall commence performance of its obligations and undertakings under this Bond no later than thirty (30) calendar days after written notice from the City to the Contractor's Surety; and b. The means, method or procedure by which the Contractor's Surety undertakes to perform its obligations under this Bond shall be subject to the advance written approval of the City. The Contractor's Surety hereby waives notice of any and all modifications, omissions, additions, changes, and advance payments or deferred payments in or about the Contract, and agrees that the obligations undertaken by this Bond shall not be impaired in any manner by reason of any such modifications, omissions, additions, changes, and advance payments or deferred payments. The Parties further expressly agree that any action on this Bond may be brought within the time allowed by Georgia law for suit on contracts under seal. IN WITNESS WIIEREOF, the Principal and Contractor's Surety have hereunto affixed their corporate seals and caused this obligation to be signed by their duly authorized officers or attorneys -in -fact, as set forth below. SAMPLE CONTRACT 40 1 P a g e Bond No. CBB47764 -Cont. CONTRACTOR ("Principal"): CIB International Corp. dba C Signs &Imaging By: k (signature) Title: (SF 4L) Attest: Date: (signature) -bV-1 R vi 144 (print) Title: u ;w I`�i>WA,OI� Date: qtyh 7 Kristen L. Meeks Title: Assistant Date: 04-11-2017 CONTRACTOR'S SURETY: National American Insurance Company By: --Q . M ✓1 V/ (signature) A.M. DiGeronimo (print) Title: Attorney -In -Fact (SEAL) Date: 04-11-2017 (signature) (print) (ATTACH SURETY'S POWER OF ATTORNEY) -------------- SAMPLE ------------ SAMPLE CONTRACT 41 P a g e Bond No. CBB47764 -Cont. 4 NMII i. t CITY OF MILTON, GEORGIA KNOW ALL MEN BY THESE PRESENTS THAT CIB International Corp. dba CanArn signs & Imaging (as CONTRACTOR, hereinafter referred to as the "Principal"), and National American Insurance Company (as SURETY COMPANY, hereinafter referred to as the "CONTRACTOR'S SURETY"), are held and firmly bound unto City of Milton, Georgia (as OWNER, hereinafter referred to as the "City"), for the use and benefit of any "Claimant," as hereinafter defined, in the sum of One Hundred Seventy Five Thousand & 00/100* Dollars ($ 175,000 00),lawful money of the United States of America, for the payment of which the Principal and the Contractor's Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has entered, or is about to enter, into a certain written agreement with the City for the construction of a project known as Milton Downtown Wayfinding Signage Project Project Number TTB 17-CD07 (hereinafter referred to as "the PROJECT"), which agreement is incorporated herein by reference in its entirety (hereinafter referred to as the "CONTRACT") NOW THEREFORE, the condition of this obligation is such that if the Principal shall promptly make payment to any Claimant, as hereinafter defined, for all labor, services, and materials used or reasonably required for use in the performance of the Contract, then this obligation shall be void; otherwise to remain in full force and effect. A "Claimant" shall be defined herein as any Subcontractor, person, Party, partnership, corporation, or other entity furnishing labor, services, or materials used or reasonably required for SAMPLE CONTRACT 42 1 P a g e Bond No. CBB47764 -Cont. use in the performance of the Contract, without regard to whether such labor, services, or materials were sold, leased, or rented, and without regard to whether such Claimant is or is not in privity of the Contract with the Principal or any Subcontractor performing Work on the Project. In the event of any claim made by the Claimant against the City, or the filing of a Lien against the property of the City affected by the Contract, the Contractor's Surety shall either settle or resolve the Claim and shall remove any such Lien by bond or otherwise as provided in the Contract. The Parties further expressly agree that any action on this Bond may be brought within the time allowed by Georgia law for suit on contracts under seal. IN WITNESS WHEREOF, the Principal and Contractor's Surety have hereunto affixed their corporate seals and caused this obligation to be signed by their duly authorized officers, as set forth below. [SIGNATURES ON FOLLOWING PAGE] SAMPLE CONTRACT 43 1 P a g e Attest: (signature) IPP o rP (printed) Title: Gu A. '00 Date: q1V 117 Attest: I�(signature) Kristen L. Meeks (printed) Title: Assistant Date: 04-11-2017 Bond No. CBB47764 -Cont. CONTRACTOR: CIB International Corp. Oa Can%m Signs & Imaging By- " J/" v (signature) � / (rrmtcu) Title: coo Date: CONTRACTOR'S SURETY: National American Insurance Company By: . ^-, . s--) -,� -- (signature) A.M. DiGeronimo (printed) Title: Attorney -In -Fact (SEAL) Date: 04-11-2017 (ATTACH SURETY'S POWER OF ATTORNEY) ........... ...... - -- --- .. -- - - - ------ .... _._..- - ........ _ ------ - -------.. -..._ __..---- —.- --- ----SAMPLE CONTRACT 44 1 P a g e NATIONAL AMERICAN INSURANCE COMPANY CHANDLER, OKLAHOMA Number: CBB47764 POWER OF ATTORNEY DUPLICATES SHALL HAVE THE SAME FORCE AND EFFECT AS AN ORIGINAL ONLY WHEN ISSUED IN CONJUNCTION WITH THE ORIGINAL. KNOW ALL MEN BY THESE PRESENTS: That the National American Insurance Company, a corporation duly organized under the laws of the State of Oklahoma, having its principal office in the city of Chandler, Oklahoma, pursuant to the following resolution, adopted by the Board of Directors of the said Company on the 8th day of July, 1987, to wit- "Resolved, it"Resolved, that any officer of the Company shall have authority to make, execute and deliver a Power of Attorney constituting as Attorney-in-fact, such persons, firms, or corporations as may be selected from time to time. Resolved that nothing in this Power of Attomey shall be construed as a grant of authority to the attomey(s)-in fact to sign, execute, acknowledge, deliver or otherwise issue a policy or policies of insurance on behalf of National American Insurance Company. Be It Further Resolved, that the signature of any officer and the Seal of the Company may be affixed to any such Power of Attorney or any certificate relating thereto by facsimile, and any such Power of Attomey or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such powers so executed and certified by facsimile signature and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond and documents relating to such bonds to which it is attached." National American Insurance Company does hereby make, constitute and appoint A.M. DiGeronimo, Colin Y. Tumy its true and lawful attomey(s)-in-fact, with full power and authority hereby conferred in its name, places and stead, to sign, execute, acknowledge and deliver in its behalf, and its act and deed, as follows: The authority of said Attomey-in-fact to bind the company shall not exceed $3,000,000 for any single bond. And to bind National American Insurance Company thereby as fully and to the same extent as if such bonds and documents relating to such bonds were, signed by the duly authorized officer of the National American Insurance Company, and all the acts of said Attomey(s) pursuant to the authority herein given, are hereby ratified and confirmed. IN WITNESS WHEREOF, the National American Insurance Company has caused these presents to be signed by any officer of the Company and its Corporate Seal to be hereto affixed. GAN INS(,+, ��oRlO+r,�x 43� f o SEAL a Yy } �LAtdpppA STATE OF OKLAHOMA ) COUNTY OF LINCOLN ) SS: NATIONAL AMERICAN INSURANCE COMPANY W. Brent LaGere, Chairman & Chief Executive Officer On this 2"d day of January, A.D. 2014, before me personally came W. Brent LaGere, to me known, who being by me duly swom, did depose and say; that he resides in the County of Lincoln, State of Oklahoma; that he is the Chairman and Chief Executive Officer of the National American Insurance Company, the corporation described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said corporation and that he signed his name, thereto by like order. OFFICIAL SEA[:_ ARY 0 1 OK AH NOTARY PUBLiC OKLAWOiv(A:. a ().KLAHOMA,COUNTY z MY'00M. . NO 02006203. Notary Public MY CLO MM..EXP69 C/$ My Commission Expires April 8, 2018 My Commission #02006203 STATE OF OKLAHOMA ) COUNTY OF LINCOLN ) SS: 1, the undersigned, Assistant Secretary of the National American Insurance Company, an Oklahoma Corporation, DO HEREBY CERTIFY that the foregoing and attached POWER OF ATTORNEY remains in full force. Signed and Sealed at the City of Chandler. Dated the ) ) th day of April 2017 ��GpN 1NSp�' O SEAL 3 �KLq}{plkA Joyce M. Seitz, Assistant Secretary ACORD*. CERTIFICATE OF LIABILITY INSURANCE DATE04i4 4 2 2017/017 PRODUCER Phone: 770-475-4000 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION INSR ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Integrity Insurance HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 282 South Main St Suite D ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC # Alpharetta, GA 30009 INSURED DBA Cinternational Inc DBSigns 8Cuurierie Dr Allpp haretta, GA 30005-2244 INSURER A: Home Owner Ins CO 26638 INSURER B: Owners Insurance Company 26638 INSURER C: U Owners Insurance 32700 INSURER D: American Interstate Insurance Company 31895 INSURER E: rnVPnAnPQ 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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADD' INSR F OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION TE (MM/DQ=LIMITS AUTHORI EQPSENTATIVE GENERAL LIABILITY 80439345 03/23/2017 03/23/2018 EACH OCCURRENCE $ 1,000,000 DAMAGE S t RENTED c $ 300 ,000 PREMISES A Y X COMMERCIAL GENERALLIABIL[TY CLAIMS MADE ® OCCUR MED EXP (Any oneperson) $ 10,000 PERSONAL& ADV INJURY $ 1,000,000 X No XCLI exclusion GENERAL AGGREGATE S 3,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ 2,000,000 POLICY X I PRO- LOC B Y AUTOMOBILE X LIABILITY ANY AUTO 4943934500 03/22/2017 03/22/2018 COMBINED SINGLE LIMIT S 1,000,000 (Ea accident) BODILY INJURY (Per person) $ ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY $ (Per accident) HIRED AUTOS NON -OWNED AUTOS PROPERTY DAMAGE (Per accident) $ Comp $1000 ded Coll 1000 ded GARAGE LIABILITY AUTO ONLY - EAACCIDENT $ OTHER THAN EA ACC $ ANY AUTO AUTO ONLY: AGG $ C EXCESSNMBRELLA LIABILITY X I OCCUR FICLAIMS MADE 4943934501 03/23/2017 03/23/2018 EACH OCCURRENCE $ 5,000,000 _ AGGREGATE S 5,000,000 $ $ DEDUCTIBLE $ X RETENTION $ 10000 1 D WORKERS COMPENSATION AND AVWCGA2581742017 03/23/2017 03/23/2018 X WC STATU- 0TH- 1,000,000 E.L. EACH ACCIDENT S 1.000.000 EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE l/ OFFICER/MEMBER EXCLUDED? E.L. DISEASE - EA EMPLOYE S 1,000,000 If yes, describe under SP ECIALPROVISIONS below E.L. DISEASE - POLICY LIMIT S 1,000,000 OTHER A Property 80439345 03/23/2017 03/23/2018 Ded $1,000 136,070 A Rented equipment 80439345 03/23/2017 03/23/2018 $20,000 $500 DED DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES/ EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS Project: Milton Downtown Wayfinding Signage When required by written contract, The City and City's elected and appointed officials, officers, boards, commissioners, employees, representatives, consultants, servants, agents and colunteers are listed as additioal insured with respects General Liability and Business Auto, under primary and non-contributory basis. Umbrella policy follows form. Waiver of continued on ACORD 101 Additional Remarks Schedule RFRTIFIr`ATF i-ini nFR CANCFI I ATInN ACORD 25 (2001/08) © ACORD CORPORATION 1988 Printed by ATH on April 14, 2017 at 08:02AM SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL _ DAYS WRITTEN City of Milton NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL 2006 Heritage Walk IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR Milton, GA 30004 REPRESENTATIVES. AUTHORI EQPSENTATIVE ATH ACORD 25 (2001/08) © ACORD CORPORATION 1988 Printed by ATH on April 14, 2017 at 08:02AM "EXHIBIT E" NONCOLLUSIOkidal-ran! • • 1 :1 • STATE OF Georgia COUNTY OF —roFsyth Lyon Bodzy being first duly sworn, deposes and says that: (1) He is Officer (Owner, Partner, Officer, Representative, or Agent) of CIB International (the "Bidder") that has submitted the attached Bid; d/b/a/ CanAm Signs & Imaging (2) He is fully informed respecting the preparation and contents of the attached Bid and of all pertinent circumstances respecting such Bid; (3) Such Bid is genuine and is not a collusive of sham Bid; (4) Neither the said Bidder nor any of its officers, partners, owners, agents, representatives, employees, or parties in interest, included in this affidavit, has in any way colluded, conspired, connived, or agreed, directly or indirectly, with any other Bidder, firm or person to submit a collusive or sham Bid in connection with the Contract for which the attached Bid has been submitted or to refrain from bidding in connection with such Contract, or has in any manner, directly or indirectly, sought by agreement or collusion or communication or conference with any other Bidder, firm or person to fix the price or prices in the attached Bid or of any other Bidder, or to fix any overhead, profit or cost element of the Bid price of any other Bidder or to secure through any collusion, conspiracy, connivance, or unlawful agreement any advantage against the City of Milton or any person interested in the proposed Contract; and, (5) The price or prices quoted in the attached Bid are fair and proper and are not tainted by any collusion, conspiracy, connivance, or unlawful agreement on the part of the Bidder or any of its agents, representatives, owners, employees, or parties in interest, including this Affiant. ASiggnature Bi er has not directly or indirectly violated any law, ordinance or regulation related to the Bid. SUBSCRIBED AND SWORN BEFORE f Authorized Officer or Agent ME ON THIS THE DAY OF Lyon Bodzy —ApFH , 20 a Printed Name and Title of Authorized Officer or l Agent Z, Notary Public [NOTARY SEAL] My Commission Expires: t Z- 2-0,"? "EXHIBIT F" STATE OF Georgia COUNTY OF f !A� I, Lyon Bodzy , hereby certify that all suppliers of materials, equipment and service, subcontractors, mechanics, and laborers employed by— inior any of its subcontractors in connection with the construction of signage for City of Milton, Georgia have been paid and satisfied in full as of , 20 and that there are no outstanding obligations or claims of any kind for the payment of which City of Milton, Georgia on the above named project might be liable, or subject to, in any lawful proceeding at law or in equity. Signature Title Personally appeared before me this day of , 20 who under oath deposes and says that he is of the film of that he has read the above statement, and that to the best of his knowledge and belief same is an exact true statement. Notary Public [NOTARY SEAL] My Commission Expires STATE OF Georgia COUNTY OF Forsyth CONTRACTOR AFFIDAVIT AND AGREEMENT By executing this affidavit, the undersigned contractor verifies its compliance with O.C.G.A. § 13-10-91, stating affirmatively that the individual, firm, or corporation which is engaged in the physical performance of services on behalf of the City of Milton has registered with, is authorized to use, and uses the federal work authorization program commonly known as E -Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91. Furthermore, the undersigned contractor will continue to use the federal work authorization program throughout the contract period, and the undersigned contractor will contract for the physical performance of services in satisfaction of such contract only with subcontractors who present an affidavit to the contractor with the information required by O.C.G.A. § 13-10-91(b). Contractor hereby attests that its federal work authorization user identification number and date of authorization are as follows: CIFE 1802 Federal Work Authorization User Identification Number --� Date of Authorization CIB International, Inc. d/b/a CanAm Signs & Imaging Contractor Milton Downtown Wayfinding Signage Project City of Milton, Georgia Name of Public Employer I hereby declare under penalty of perjury that the foregoing is trup and correct. Execute on PMP -A, 20 0 -in (city), 610r 4 (state). Signature of Authorized Officer or Agent 4m 80 40 Printe Name and Title of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE I A DAY OF A rip , 20 17. �� G _ " Notary Public [NOTARY SEAL] My Commission Expires 6-2-/? STATE OF _ COUNTY OF "EXHIBIT G.2" SUBCONTRACTOR AFFIDAVIT NOT APPLICABLE " 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 CIB International Inc. d/b/a CanAm Signs & Imaging on behalf of the City of Milton has registered with, is authorized to use, and uses the federal work authorization program commonly known as E -Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91. Furthermore, the undersigned 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 Milton Downtown Wayfinding Signage Project City of Milton Georgia Name of Public Employer I hereby declare under penalty of perjury that the foregoing is true and correct. Executed on —, 201_ in (city), (state). Signature of Authorized Officer or Agent Printed Name and Title of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE DAY OF ,201_. NOTARY PUBLIC [NOTARY SEAL] My Commission Expires: "EXHIBIT I" ADDITIONAL PAYMENT TERMS A. Defined Terms. Terms used in this Agreement shall have their ordinary meaning, unless otherwise defined below or elsewhere in the Contract Documents. (i) "Substantial Completion" means when the Work or designated portion thereof is complete in accordance with the Contract Documents so that any remaining Work includes only (1) Minor Items that can be completed or corrected within the following thirty (30) calendar days, (2) Permitted Incomplete Work that will be completed by the date agreed upon by the Parties, and (3) any Warranty Work. Substantial Completion shall require complete operation of all applicable building systems including, but not limited to, mechanical, electrical, plumbing, fire protection, fire alarm, telecom, data, security, elevators, life safety, and accessibility (if any). "Minor Item" means a portion or element of the Work that can be totally complete within thirty (30) calendar days. (iii) "Permitted Incomplete Work" means Work that is incomplete through no fault of the Contractor, as determined by the City in its sole discretion. (iv) "Final Completion" means when the Work has been completed in accordance with terms and conditions of the Contract Documents. B. Payment for Work Completed and Costs Incurred. Payment shall be based on the value of the Work completed, as provided in the Contract Documents, plus the value of materials and equipment suitably stored, insured, and protected at the construction site(s), and, only if approved in writing by the City (which approval shall be given at the sole discretion of the City), such materials and equipment suitably stored, insured, and protected off site at a location approved by the City in writing, less retainage (as described below). Compensation for Work performed and reimbursement for costs incurred shall be paid to the Contractor upon receipt and approval by the City 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. Invoices shall be submitted on a monthly basis. Each invoice shall be accompanied by an Interim Waiver and Release upon Payment (or a Waiver and Release upon final payment in the case of the invoice for final payment) procured by the Contractor from all subcontractors in accordance with O.C.G.A. § 44-14- 366. The Contract Administrator will evaluate the Contractor's invoice for payment and will either approve the invoice or notify the City in writing of the Contract Administrator's reasons for withholding approval in whole or in part. The City shall pay the Contractor within thirty (30) calendar days after approval of the invoice, less any retainage as described in Section D below. No payments will be made for unauthorized work. Payment will be sent to the designated address by U.S. Mail only; payment will not be hand- delivered, though the Contractor may arrange to pick up payments directly from the City or may make written requests for the City to deliver payments to the Contractor by Federal Express delivery at the Contractor's expense. C. Final Payment and Retainage. The City and Contractor shall comply with the provisions of O.C.G.A. § 13-10-80. The Contractor through each invoice may request payment of no more than ninety percent (90%) of that portion of the Work completed during the term covered by such invoice until fifty percent (50%) of the Maximum Contract Price, as may be adjusted, is due and the manner of completion of the Work and its progress are reasonably satisfactory to the City. Payment for the remaining ten percent (10%) of Work completed and covered by such invoices shall be retained by the City until Substantial Completion. Once fifty percent (50%) of the Maximum Contract Price, as may be adjusted, is due and the manner of completion of the Work and its progress are reasonably satisfactory to the City, no additional retainage shall be withheld, except as provided below. All amounts retained by the City shall be held as a lump sum until Substantial Completion of the Work, regardless of earlier completion of individual component(s) of the Work; provided, however, that, at the discretion of the City and with the written approval of the Contractor, the retainage of each subcontractor may be released separately as the subcontractor completes his or her work. If, after discontinuing the retention, the City determines that the Work is unsatisfactory or has fallen behind schedule, retention may be resumed at the previous level. If retention is resumed by the City, the Contractor and subcontractors shall be entitled to resume withholding retainage accordingly. At Substantial Completion of the Work and as the Contract Administrator determines the Work to be reasonably satisfactory, the City shall, within 30 days after the invoice and other appropriate documentation as may be required by the Contract Documents are provided to the City, pay the retainage to the Contractor. If at that time there are any remaining incomplete Minor Items or Permitted Incomplete Work, an amount equal to 200 percent of the value of each Minor Item or Permitted Incomplete Work, as determined by the Contract Administrator in its sole discretion, shall be withheld until such item, items or work are completed. The reduced retainage shall be shared by the Contractor and subcontractors as their interests may appear. The Contractor shall, within ten (10) days from its receipt of retainage from the City, pass through payments to subcontractors and shall reduce each subcontractor's retainage in the same manner as the Contractor's retainage is reduced by the City; provided, however, that the value of each subcontractor's work complete and in place equals fifty percent (50%) of his or her subcontract value, including approved Change Orders and other additions to the subcontract value; provided, further, that the work of the subcontractor is proceeding satisfactorily and the subcontractor has provided or provides such satisfactory reasonable assurances of continued performance and financial responsibility to complete his or her work including any warranty work as the Contractor in his or her reasonable discretion may require, including, but not limited to, a payment and performance bond. The subcontractor shall, within ten (10) days from the subcontractor's receipt of retainage from the Contractor, pass through payments to lower tier subcontractors and shall reduce each lower tier subcontractor's retainage in the same manner as the subcontractor's retainage is reduced by the Contractor; provided, however, that the value of each lower tier subcontractor's work complete and in place equals fifty percent (50%) of his or her subcontract value, including approved Change Orders and other additions to the subcontract value; provided, further, that the work of the lower tier subcontractor is proceeding satisfactorily and the lower tier subcontractor has provided or provides such satisfactory reasonable assurances of continued performance and financial responsibility to complete his or her work including any warranty work as the subcontractor in his or her reasonable discretion may require, including, but not limited to, a payment and performance bond. Final payment of any retained amounts to the Contractor shall be made after certification by the Contract Administrator that the Work has been satisfactorily completed and is accepted in accordance with the Agreement and Contract Documents. Neither final payment nor any remaining retainage shall become due until the Contractor submits to the Contract Administrator (1) an affidavit that payrolls, bills for materials and equipment, and other indebtedness connected with the Work for which the City or City property might be responsible or encumbered (less amounts withheld by City) have been paid or otherwise satisfied, (2) a certificate evidencing that insurance, required by the Contract Documents to remain in force after final payment, is currently in effect and will not be canceled or allowed to expire until at least thirty (30) calendar days prior written notice has been given to the City; (3) a written statement that the Contractor knows of no substantial reason that the insurance will not be renewable to cover the period required by the Contract Documents, (4) consent of surety, if any, to final payment, (5) a release or waiver of liens, claims, security interests, and encumbrances by all subcontractors and material suppliers, and (6), if required by the City, other data establishing payment or satisfaction of obligations, such as receipts, to the extent and in such form as may be designated by the City. If a subcontractor or material supplier refuses to furnish a release or waiver as required by the City, the Contractor may furnish a bond satisfactory to the City to indemnify the City against such lien. If such lien remains unsatisfied after payments are made, the Contractor shall refund to the City all money that the City may be compelled to pay in discharging such lien, including all costs and reasonable attorneys' fees. Acceptance of final payment by the Contractor, a subcontractor or material supplier shall constitute a waiver of claims by that payee, except those claims previously made in writing and identified by that payee as unsettled at the time of final application for payment. �,7' "EXHIBIT J" KEY PERSONNEL The following individuals are designated as Key Personnel under this Agreement and, as such, are necessary for the successful prosecution of the Work: Individual Position Andrew Bronsted , Project Manager Lyon Bodzy COO and VP, Sales David Bodzy Operations Manager Ron Sartin Production Manager Sheri Counts Production Co-ordinator Dezerae Robinson Lead Graphic Designer John Manley Installation Supervisor/Lead Tech. David Kapiloff Director, Business Development Lindsey Azelkas National Accounts, Project Coordinator M1 LTON" A ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: May 9, 2017 FROM: Steven Krokoff, City Manager a AGENDA ITEM: Approval of a Resolution and Agreement for Transportation Enhancement Activities with the Georgia Department of Transportation and Authorizing Related Procurement Actions. MEETING DATE: Monday, May 15, 2017 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (ZAPPROVED (J NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: (kfES () NO CITY ATTORNEY REVIEW REQUIRED: (4 -YES () NO APPROVAL BY CITY ATTORNEY: (.KAPPROVED (J NOT APPROVED PLACED ON AGENDA FOR: 097151 Z0' 1 2006 Heritage Walk Milton, GA P: 678.242.25001 F: 678.242.2499 0000 info@cityofmiltonga.us I www.cifyofmiltonga.us N To: Honorable Mayor and City Council Members From: Sara Leaders, PE, Transportation Engineer Date: Submitted on May 5, 2017 for the May 15, 2017 Regular City Council Meeting Agenda Item: Approval of a Resolution and Agreement for Transportation Enhancement Activities with the Georgia Department of Transportation and Authorizing Related Procurement Actions _____________________________________________________________________________________ Department Recommendation: Approval Executive Summary: In March of 2013, the Georgia Department of Transportation (GDOT) and the City of Milton executed a Memorandum of Understanding (MOU) regarding preliminary engineering for the PI 0011675 Crabapple Streetscape project. In August 2016 the City updated the MOU to extend the bid date for the construction of the project. The project is ready to bid and the TE Agreement is the next step towards the GDOT authorizing the City to bid the project for construction. Funding and Fiscal Impact: The City funded 100% of preliminary engineering with local match that will count toward the local requirement of 20% of the total project cost. Federal TE Grant funds will be used for construction. Funding for this project is available in the Crabapple Streetscape Capital Grants account. Alternatives: None Legal Review: Sam VanVolkenburgh – Jarrard & Davis (April 24, 2017) Concurrent Review: Steve Krokoff, City Manager Attachment(s): Resolution Attorney Opinion Letter TE Agreement Page 1 of 2 STATE OF GEORGIA RESOLUTION NO. COUNTY OF FULTON A RESOLUTION OF THE CITY OF MILTON, GEORGIA APPROVING AN AGREEMENT FOR TRANSPORTATION ENHANCEMENT ACTIVITIES WITH THE GEORGIA DEPARTMENT OF TRANSPORTATION AND AUTHORIZING RELATED PROCUREMENT ACTIONS WHEREAS, the Secretary of the United States Department of Transportation (“US DOT”) is authorized under the Fixing America’s Surface Transportation (FAST) Act (Pub. L. No. 114-94) to provide funding to the Georgia Department of Transportation (“Department”) for “Transportation Alternatives” projects (formerly known as “Transportation Enhancement” projects); and WHEREAS, the City of Milton (“City”) is eligible, pursuant to 23 U.S.C. § 133, to participate as a local sponsor of such projects and has been awarded funding for a streetscape improvement project (“Project”) by the Department; and WHEREAS, the proposed contract for financial assistance between the Department and the City imposes certain duties upon the City, including the provision of a minimum 20% local share of costs for the Project; and WHEREAS, the City has identified sufficient resources to complete the scope of work for the Project and make all payments not covered by the federal or state funding contribution; and WHEREAS, the City intends to comply with Title VI of the Civil Rights Act of 1964, US DOT requirements and other applicable federal law; and WHEREAS, the City intends to implement and administer appropriate procurement procedures to ensure that Disadvantaged Business Enterprises (DBEs) are encouraged to compete for contracts to complete the Project, and in accordance with federal requirements the City will also enforce the DBE goal requirements in its bid documents, as well as any DBE commitments made by the successful bidder. NOW, THEREFORE IT IS HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF MILTON, GEORGIA that: 1. The City hereby approves entry into the “Agreement for Transportation Enhancement Activities” with the Department, and authorizes the Mayor to execute the same. 2. The Mayor or his designee is hereby authorized to execute and file an assurance or any other document required by the US DOT and the DEPARTMENT certifying compliance with Title VI of the Civil Rights Act of 1964. 3. The Mayor or his designee is hereby authorized to furnish any additional information that may be required by US DOT or the DEPARTMENT in connection with the application for payment or reimbursement in connection with the Project. Page 2 of 2 4. The Mayor or his designee is hereby authorized to set forth and execute affirmative disadvantaged business policies in connection with the DBE participation goal established by the Georgia Department of Transportation. 5. The Mayor or his designee is hereby authorized to execute any additional documents and make additional certifications reasonably necessary to obtain the federal and state financial assistance contemplated in the aforementioned agreement. 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 Gordon, City Clerk CLERK’S CERTIFICATE STATE OF GEORGIA COUNTY OF FULTON The undersigned Clerk of the City of Milton City Council (the "Council") DOES HEREBY CERTIFY that the foregoing pages of typewritten matter constitute a true and correct copy of a resolution duly adopted by the Board on the _____ day of ___________________, 2017, the original of which resolution has been duly recorded in the Minute Book of the Board which is in my custody and control. Witness my hand and the official seal of said Board this _______ day of ____________________, 2017. Clerk (SEAL) KEN E. JARRARD* ANGELA E. DAVIS CHRISTOPHER J. HAMILTON MEGAN N. MARTIN -------------------------- PAUL B. FRICKEY KENNETH P. ROBIN Limited Liability Partnership 105 Pilgrim Village Drive, Suite 200 Cumming, Georgia 30040 TELEPHONE: 678.455.7150 FACSIMILE: 678.455.7149 @JARRARD-DAVIS.COM * Also Admitted in Tennessee † Also Admitted in Illinois and California ◊ Also Admitted in Wisconsin SARAH VANVOLKENBURGH† G. AARON MEYER MOLLY N. ESSWEIN SAM P. VANVOLKENBURGH ◊ JEFFREY M. STRICKLAND J. PAUL MITCHELL KAYLA F. VAN OOSTERWYK MARK D. SPERRY May __________, 2017 Georgia Department of Transportation Office of Program Delivery One Georgia Center 600 W. Peachtree Street NW Atlanta, Georgia 30308 Re: Contract for Transportation Enhancement Activity/Transportation Alternatives Funds – Project Number 0011675 Dear Mr. Albert Shelby: This communication serves as the official opinion of counsel regarding the above referenced matter pursuant to the requirements of the Fixing America’s Surface Transportation Act (FAST Act), Public Law 114-94 (2015). The City of Milton, Georgia (hereinafter referred to as “SPONSOR”) understands that it has been approved for funding under the FAST Act, and the Federal Highway Administration (FHWA) has concurred in said approval. As such, I certify that SPONSOR is authorized to plan, construct and implement Transportation Enhancement Activity/Transportation Alternatives projects for the following reasons: 1. SPONSOR is authorized under Article IX, Section II, Paragraph III of the Georgia Constitution, Sections 1.12(b)(3), (7), (29) and (35) of the codified City Charter, and O.C.G.A. § 32-4-92 to plan, construct, implement and maintain Transportation Enhancement Activity/Transportation Alternatives projects. These functions may be carried out directly by SPONSOR or by agreements with other parties. 2. SPONSOR has committed, under its Transportation Memorandum of Understanding with GDOT (Project Number 0011675), approved and executed by the City of Milton City Council, to provide for its share of project funds for the referenced Transportation Enhancement Activity/Transportation Alternatives project. JARRARD & DAVIS, LLP Page 2 of 2 Further, I certify that, by the act of contracting for Transportation Enhancement/Transportation Alternatives funds, the City of Milton does not violate applicable federal, state and/or local laws. Moreover, I certify that there is no pending litigation or other pending action that may adversely affect the proposed project in the program or SPONSOR’s ability to perform its duties under the contract. Sincerely, JARRARD & DAVIS, LLP Ken E. Jarrard KEJ:dkr Enclosure 1 AGREEMENT for TRANSPORTATION ENHANCEMENT ACTIVITIES between DEPARTMENT OF TRANSPORTATION STATE OF GEORGIA and the CITY OF MILTON THIS AGREEMENT, made and entered into this _____ day of ___________, 201__, by and between the DEPARTMENT OF TRANSPORTATION, an agency of the State of Georgia, hereinafter referred to as the "DEPARTMENT", and City of Milton, hereinafter referred to as the "SPONSOR". WHEREAS, the SPONSOR has been approved by the DEPARTMENT to carry out a Transportation Enhancement Activity which consists of: P.I. No. 0011675, Fulton County, hereinafter referred to as the "PROJECT"; and WHEREAS, the DEPARTMENT is authorized to receive federal funding for Transportation Enhancement Activities for Georgia pursuant to provisions of United States Code, Title 23, Chapter2, Subchapter 1, Section 133; and WHEREAS, the PROJECT is expected to positively impact the quality of transportation in the State of Georgia; and WHEREAS, the DEPARTMENT desires to financially participate with the SPONSOR in the implementation of the PROJECT; and WHEREAS, the SPONSOR has represented to the DEPARTMENT that it has the authority to receive and expend federal funds for the purpose of this PROJECT and is qualified and experienced to provide such services necessary for the construction of the PROJECT and the DEPARTMENT has relied upon such representations; and WHEREAS, under O.C.G.A. Section 32-2-2(a)(7), the DEPARTMENT is authorized to participate in such an undertaking. NOW, THEREFORE, the DEPARTMENT and the SPONSOR, both governmental entities of the State of Georgia, pursuant to Article IX, Section III, Paragraph I(a) of the Georgia Constitution of 1983, and in consideration of the mutual promises and covenant contained herein, do hereby agree as follows: 2 ARTICLE I SCOPE AND PROCEDURE The SCOPE AND PROCEDURE for this PROJECT shall be: Construction of SR 372; Broadwell Rd; Mayfield Rd & Mid Broadwell Rd @ 4 LOCS, as set forth in Exhibit A, WORK PLAN, which is attached hereto and incorporated as if fully set out herein. The scope of work is further defined by the PROJECT design and construction plans (“PROJECT PLANS”) on file with the DEPARTMENT and the SPONSOR and referenced as if attached hereto and incorporated as if fully set out herein. The SPONSOR shall be responsible for assuring that the PROJECT will be economically feasible and based upon sound engineering principles, meet American Association of State Highway and Transportation Officials ("AASHTO") Guidelines and will be sensitive to ecological, environmental and archeological issues. The WORK PLAN, Exhibit A, sets out the scope of work for the PROJECT. It is understood and agreed that the DEPARTMENT shall participate only in the PROJECT as specified in Exhibit A, WORK PLAN. During the development of the PROJECT the SPONSOR has taken into consideration, as applicable, the DEPARTMENT's “Standard Specifications”, 2013 Edition; "Supplemental Specifications Book", current edition; and any Supplemental Specifications and Special Provisions; AASHTO standards for bicycle facilities; FHWA guidelines for pedestrian facilities; compliance with the Americans with Disabilities Act of 1990; compliance with the U.S. Secretary of the Interior "Standards and Guidelines, Archaeology and Historic Preservation"; compliance with Section 106 of the National Historic Preservation Act of 1966 and with Section 4(f) of the US DOT Act of 1966; compliance with the Archaeology and Historic Preservation Act of 1974; compliance with the Archaeological Resources Protection Act of 1979 and with the Native American Graves Protection and Repatriation Act, the Georgia Abandoned Cemeteries and Burial Grounds Act of 1991; compliance with the DEPARTMENT's Scenic Byways Designation and Management Program, and with the American Society of Landscape Architect Guidelines; compliance with the Outdoor Advertising Requirements as outlined in the O.C.G.A. Section 32-6-70 et seq. and other standards and guidelines as may be applicable to the PROJECT. The SPONSOR hereby certifies that no right-of-way acquisition occurred prior to the DEPARTMENT issuing the SPONSOR the Notice to Proceed with right-of-way acquisition. Right-of-way acquisition was in accordance with Public Law 91-646, the Uniform Relocation Assistance and Real Properties Policies Act of 1970, as amended; the rules and regulations of the FHWA including, but not limited to, Title 23, United States Code, 23 CFR Part 710, and 49 CFR Part 24; and the rules and regulations of the DEPARTMENT. Failure of the SPONSOR to follow these requirements may result in the loss of Federal funding for the PROJECT and it will be the responsibility of the SPONSOR to make up the loss of that funding. All required right of way shall be cleared of obstructions, including underground storage tanks, prior to advertising the PROJECT for bids. The SPONSOR shall further be responsible for making all changes to the approved right-of-way plans, as deemed necessary by the DEPARTMENT, for whatever reason, 3 to match actual conditions encountered. The SPONSOR further acknowledges that no acquisition of rights of way occurred prior to all applicable archaeological, environmental, and historical preservation clearances approval, and receipt of the DEPARTMENT issued notice to proceed with acquisition. The SPONSOR shall ensure that all contracts as well as any subcontracts for implementation of the PROJECT shall comply with the Federal and State legal requirements imposed on the DEPARTMENT and any amendments thereto. The SPONSOR is required and does agree to abide by those provisions governing the DEPARTMENT's authority to contract, specifically, but not limited to O.C.G.A. Sections 32-2-60 through 32-2-77; the DEPARTMENT's Rules and Regulations governing the Prequalification of Prospective Bidders, Chapter 672-5; and the DEPARTMENT's “Standard Specifications”, 2013 Edition; "Supplemental Specifications Book", current edition; and any Supplemental Specifications and Special Provisions as applicable for the PROJECT. The SPONSOR further agrees to comply with and shall require the compliance and physical incorporation of Federal Form FHWA-1273 into all contracts or subcontracts for construction, as well as any required attachments thereto. ARTICLE II TIME OF PERFORMANCE TIME IS OF THE ESSENCE IN THIS AGREEMENT. The SPONSOR shall perform its responsibilities for the PROJECT, commencing on receipt of written "Notice to Proceed" from the DEPARTMENT, and shall complete the PROJECT no later than December 31, 2018. No work on any phase shall begin without a written Notice to Proceed from the DEPARTMENT. The DEPARTMENT’s Notice to Proceed with Construction must be issued within 210 days from the execution date of this contract and the SPONSOR must submit an invoice for reimbursement within 270 days of the execution date of this contract or the contract is terminated without further notice and the funds will be de-obligated. The work shall be carried on expeditiously, it being understood, however, that this Agreement may be extended or continued in force by mutual consent of the parties and evidenced by a written amendment hereto. ARTICLE III CONTINGENT INTEREST The DEPARTMENT shall retain a contingent interest in the PROJECT for as long as there continues a Federal interest in the PROJECT as determined by the DEPARTMENT's calculation of the economic life of the PROJECT. Should the work under the Agreement include Federal monies for purchase of real property, the Federal interest, and therefore the DEPARTMENT’s contingent interest, shall be perpetual and recorded as described below. Based on the scope of work, as set forth in Exhibit A, WORK PLAN AND 4 APPLICABLE PHASE, the DEPARTMENT has determined the economic life of the PROJECT to be Five (5)_ years from the date of PROJECT Final Acceptance. Upon any sale or disposition of the PROJECT or the filing of an application for abandonment of the PROJECT under United States Code (U.S.C.) Title 49 Chapter 109 of all or any part of the PROJECT, the SPONSOR shall repay immediately in full to the DEPARTMENT an amount equal to the Federal Share of the funds involved in the improvement or rehabilitation of such part, segment or entirety of the PROJECT under this Agreement, said Federal Share to be determined in accordance with the DEPARTMENT's determination of the fair market value of the PROJECT at the time of disposition. The term "any sale or disposition" as used in this Article shall mean any sale, abandonment, or disposition (1) for use not consistent with the purposes for which the Federal Share was originally granted pursuant to the Agreement, or (2) for a use consistent with such purposes wherein the transferee in the sale or disposition does not enter into an assignment and assumption agreement with the owner with respect to the owner's obligation thereunder as if the transferee had been the original owner thereof. Upon completion of the PROJECT, the SPONSOR shall record in the appropriate land records, if applicable, in a form mutually agreeable to the parties hereto, a notice reciting that the property was improved with Federal assistance under this Agreement and that its use and disposition are subject to the terms of this Agreement. Verification of compliance with this paragraph shall be provided to the DEPARTMENT. ARTICLE IV COVENANTS AGAINST CONTINGENT FEES The SPONSOR shall comply with all relevant requirements of all Federal, State and local laws. The SPONSOR warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the SPONSOR, to solicit or secure this Agreement, and that it has not paid or agreed to pay any company or person, other than a bona fide employee working solely for the SPONSOR, any fee, commission, percentage, brokerage fee, gifts or any other consideration, contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, the DEPARTMENT shall have the right to annul this Agreement without liability, or in its discretion, to deduct from the Agreement price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee. ARTICLE V EMPLOYMENT OF DEPARTMENT'S PERSONNEL The SPONSOR shall not employ any person or persons in the employ of the DEPARTMENT for any work required by the terms of this Agreement, without the written permission of the DEPARTMENT except as may otherwise be provided for herein. 5 ARTICLE VI REVIEW OF WORK Authorized representatives of the DEPARTMENT and the Federal Highway Administration, ("FHWA"), may at all reasonable times review and inspect the activities and data collected under the terms of this Agreement and any amendments thereto, including but not limited to, all reports, drawing, studies, specifications, estimates, maps and computations prepared by or for the SPONSOR. The DEPARTMENT reserves the right for reviews and acceptance on the part of affected public agencies, railroads and utilities insofar as the interest of each is concerned. Acceptance shall not relieve the SPONSOR of its professional obligation to correct, at its expense, any of its errors in the work. The DEPARTMENT's review recommendations shall be incorporated into the work activities of the SPONSOR. The SPONSOR shall keep accurate records in a manner approved by the DEPARTMENT with regard to the use of the property and submit to the DEPARTMENT upon request, such information as is required in order to ensure compliance with this ARTICLE. ARTICLE VII RESPONSIBILITY FOR CLAIMS AND LIABILITY To the extent allowed by law, the SPONSOR shall be responsible for any and all damages to property or persons and shall indemnify and save harmless the DEPARTMENT, its officers, agents and employees from all suits, claims, actions or damages of any nature whatsoever resulting from the negligence of the SPONSOR in the performance of work under this Agreement. The SPONSOR shall be responsible to perform all work required to obtain all applicable PROJECT permits, including, but not limited to, Cemetery, Tennessee Valley Authority (TVA) and US Army Corps of Engineers permits, Stream Buffer Variances and Federal Emergency Management Agency (FEMA) approvals. The SPONSOR shall provide all mitigation required for the project, including but not limited to permit related mitigation. All mitigation costs are considered PE costs. PROJECT permits and non-construction related mitigation must be obtained and completed 3 months prior to the scheduled let date. These efforts shall be coordinated with the DEPARTMENT. It is understood by the SPONSOR that claims, damages, losses and expenses may include monetary claims made by the construction contractor for the PROJECT, and its related facilities, that are a result of the SPONSOR's negligence or improper representation in the plans. The SPONSOR shall require that the provisions of this Article are included in all contracts and subcontracts. 6 These indemnities shall not be limited by reason of any insurance coverage held by the SPONSOR or the SPONSOR's contractors or subcontractors. ARTICLE VIII COMPENSATION AND PAYMENT It is agreed that the compensation hereinafter specified includes both direct and indirect costs chargeable to the PROJECT under generally accepted accounting principles and as allowed in the Federal Acquisition Regulations Subpart 31.6, and not prohibited by the Laws of the State of Georgia. It is understood that the PROJECT is being developed under the guidance of the Innovative Financing Procedures as agreed to by the SPONSOR and as set forth in the executed Memorandum of Understanding, herein after referred to as the MOU, executed by the Parties on March 11, 2013 and September 13, 2016 and on file with the DEPARTMENT. The Innovative Financing Procedures allow the SPONSOR to initiate Preliminary Engineering and Right -of- Way acquisition and apply allowable expenditures for these Phases toward the required Twenty Percent (20%) Local Match. Per the MOU the SPONSOR is responsible for 100% of Preliminary Engineering and Right-of-Way acquisition. The estimated cost of the project is Six Hundred Twenty Five Thousand and No/100 Dollars ($625,000.00). The DEPARTMENT shall reimburse the Sponsor up to eighty percent (80%) of the total cost of all eligible project expenses not to exceed the federal contribution. The SPONSOR shall be responsible for all cost exceeding the DEPARTMENT’s contribution but shall contribute a minimum of twenty percent (20%). Federal Local Total Construction $500,000 $125,000 $625,000 The total federal contribution for this PROJECT is Five Hundred Thousand and No/100 Dollars ($500,000.00) and is the maximum amount of the DEPARTMENT’s obligation. The SPONSOR shall be solely responsible for any and all amounts in excess of the maximum amount of the DEPARTMENT’s obligation. Federal funds may not be used to reimburse costs incurred by SPONSORS prior to the date construction funds are authorized. The DEPARTMENT will reimburse the SPONSOR for construction expenditures that occur after FHWA funds authorization. Eligible expenditures may include payment to construction contractors, testing, Construction Engineering and Inspection, construction administration and pre-approved Force Account payments to SPONSORs. The PROJECT’s total reimbursement cannot exceed the total construction expenditures or the total federal contribution. Prior to award of the project the SPONSOR shall submit to the DEPARTMENT its written recommendation for award including a bid tabulation, the low bidder’s Disadvantaged Business 7 Enterprise (herein after referred to as “DBE”) goal sheet, and the SPONSOR’s cost estimate. The DEPARTMENT will review the information and issue a written recommendation to award or reject the bids. If a recommendation to award is given by the DEPARTMENT, then a written Notice to Proceed with Construction, herein after referred to as NTP, will be issued. No work shall begin until this NTP has been issued. Once the NTP is issued by the DEPARTMENT, the SPONSOR will provide the DEPARTMENT with the following: PROJECT PLANS, prime construction contract, all sub-contracts, Notice to Award, and Sponsor’s NTP for construction to the prime contractor. A pre-construction meeting will be held with all parties. The SPONSOR shall coordinate construction activities with the DEPARTMENT’s Area Engineer. In the event the SPONSOR, or Area Engineer recommend changes representing a fundamental departure from the PROJECT’s approved WORK PLAN, the changes shall be reviewed by the DEPARTMENT’s Project Manager. If the changes are approved, the DEPARTMENT’s Project Manager shall prepare a supplemental agreement to amend the AGREEMENT’s Exhibit A. The SPONSOR shall submit to the DEPARTMENT monthly reports of the PROJECT's progress including: monthly status reports, invoices, DBE reports, etc.; further work to be done and any problems encountered or anticipated. Payment shall be made monthly on the basis of calendar months, in proportion to the percentage of work completed for each phase of work and after approval of a certified voucher from the SPONSOR. Should the work for the PROJECT begin within any one month, the first voucher shall cover the partial period from the beginning date of the work through the last day of that month. The vouchers shall be numbered consecutively and submitted each month until work on the PROJECT is completed. Payment shall be made in the amount of sums earned less previous partial payments. The final invoice shall reflect the actual cost of work accomplished by the SPONSOR and shall be the basis for final payment. The final invoice shall include all eligible costs incurred by the SPONSOR for Administration, Preliminary Engineering, Right of Way, and Construction. Final payment will be made at eighty (80) percent of the final invoice, less previous partial payments, amount not to exceed the total federal contribution or the total construction expenditures. Expense for travel will be an allowable expense for the SPONSOR under this AGREEMENT; however, travel will be limited to charges that are directly attributable to the project. In addition, no travel expenses will be allowed for out of state travel. Should the DEPARTMENT, pursuant to the provisions of ARTICLE XIV, terminate the work under this agreement, the SPONSOR shall be paid for the percentage of work completed at the point of termination, notwithstanding any just claims by the SPONSOR and provided construction funds were authorized and eligible construction expenditures occurred. 8 ARTICLE IX FINAL PAYMENT IT IS FURTHER AGREED that upon completion and acceptance of the work by the SPONSOR, the SPONSOR shall submit to the DEPARTMENT the “Sponsor’s Certification of Final Acceptance” form, Final DBE Report with proofs of payment, Sponsor’s Material Certification form with the approved Materials Quality Assurance Form, Sponsor’s Statement of Final Project Expenditures with proof of payment, and any other project documentation required to satisfy the requirements of the Environmental Commitments Table with the final invoice. The DEPARTMENT shall process the final invoice report initiating the DEPARTMENT’s project close-out procedures. Whereupon the DEPARTMENT shall pay to the SPONSOR a sum equal to one hundred percent (100%) of the total compensation as set forth in ARTICLE VIII, herein, and consistent with all approved invoices, less the total of all previous partial payments, paid or in the process of payment. The SPONSOR agrees that acceptance of this final payment shall be in full and final settlement of all claims arising against the DEPARTMENT for work done, materials furnished, costs incurred, or otherwise arising out of this Agreement and shall release the DEPARTMENT from any and all further claims of whatever nature, whether known or unknown, for and on account of said Agreement, and for any and all work done, and labor and materials furnished in connection with the same. The SPONSOR shall allow the examination and verification of costs by the DEPARTMENT's representatives, in accordance with the provisions of Article XII, herein. If the DEPARTMENT’s examination of the contract cost records, as provided for in Article XII, results in unallowable expenses, the SPONSOR shall immediately be responsible for reimbursing the DEPARTMENT the full amount of such disallowed expenses ARTICLE X RIGHT OF FIRST REFUSAL A determination by the SPONSOR to sell or dispose of the PROJECT shall entitle the DEPARTMENT to the right of first refusal to purchase or lease the PROJECT at net liquidation value. Such right of first refusal shall be retained for as long as the DEPARTMENT holds a contingent interest in the PROJECT pursuant to Article III of this Agreement. Should the DEPARTMENT elect to purchase or lease the PROJECT at any time after completion of the PROJECT no compensation shall be provided for the value added as a result of the PROJECT. 9 ARTICLE XI SUBSTANTIAL CHANGES No material changes in the scope, character, complexity or duration of the PROJECT from those required under the Agreement shall be allowed without the execution of a Supplemental Agreement between the DEPARTMENT and SPONSOR. Minor changes in the work which do not involve increased compensation, extensions of time or changes in the goals and objectives of the PROJECT, may be made by written notification of such change by either party with written approval by the other party. ARTICLE XII MAINTENANCE OF CONTRACT COST RECORDS The SPONSOR shall maintain all books, documents, papers, accounting records and other evidence pertaining to costs incurred on the PROJECT, inclusive of a job cost or project cost report, and used in support of its proposal and shall make such material available at all reasonable times during the period of the Agreement and for three years from the date of final payment under this Agreement, for inspection by the DEPARTMENT, and any reviewing agencies, and copies thereof shall be furnished upon request. The SPONSOR agrees that the provisions of this Article shall be included in any contracts it may make with any subcontractor, assignee or transferee. ARTICLE XIII SUBLETTING, ASSIGNMENT OR TRANSFER It is understood by the parties to this Agreement that the work of the SPONSOR is considered personal by the DEPARTMENT. The SPONSOR agrees not to assign, sublet or transfer any or all of its interest in this Agreement without prior written approval of the DEPARTMENT. The DEPARTMENT reserves the right to review all subcontracts prepared in connection with the Agreement, and the SPONSOR agrees that it shall submit to the DEPARTMENT any proposed subcontract documents together with subcontractor cost estimates for review and written concurrence of the DEPARTMENT in advance of their execution. All subcontracts in the amount of $10,000.00 or more shall include the provisions set forth in this Agreement. ARTICLE XIV TERMINATION The DEPARTMENT reserves the right to terminate this Agreement at any time for any reason, with or without cause upon thirty (30) days written notice to the SPONSOR, 10 notwithstanding any just claims by the SPONSOR for payment for services rendered prior to the date of termination. It is understood by the parties hereto that should the DEPARTMENT terminate this Agreement prior to the completion of an element of work the SPONSOR shall be reimbursed for such work element based upon the percentage of work completed. Failure to meet the time set out for completion of an approved work authorization may be considered just cause for termination of the Agreement. ARTICLE XV OWNERSHIP OF DOCUMENTS The SPONSOR agrees that all reports, drawings, studies, specifications, survey notes, estimates, maps, computations, computer diskettes and printouts and other data prepared by or for it under the terms of this Agreement shall be delivered to, become and remain the property of the DEPARTMENT upon termination or completion of the work. The DEPARTMENT shall have the right to use the same without restriction or limitatio n and without additional compensation to the SPONSOR other than that provided for in this Agreement . The SPONSOR shall be entitled to make or obtain copies, at its own cost, of any of the materials referenced in this Article and keep the same for its files. ARTICLE XVI PUBLICATION AND PUBLICITY Articles, papers, bulletins, data, studies, statistics, interim or final reports, oral transmittals or any other materials reporting the plans, progress, analyses, results, or findings of work conducted under this Agreement shall not be presented publicly or published without prior written approval by the DEPARTMENT. IT IS FURTHER AGREED that all releases of information, findings, and recommendations shall include a disclaimer provision and that all published reports shall include that disclaimer on the cover and title page in the following form: "The contents in this publication reflect the views of the author(s), who is (are) responsible for the facts and accuracy of the data presented herein. The opinions, findings, and conclusions in this publication are those of the author(s) and do not necessarily reflect the official views or policies of those of the Department of Transportation, State of Georgia or the Federal Highway Administration. This publication does not constitute a standard, specification or regulation.” 11 IT IS FURTHER AGREED that if any information concerning the PROJECT, its conduct, results or data gathered or processed should be released by the SPONSOR without prior approval from the DEPARTMENT, the release of same shall constitute grounds for termination of this Agreement without indemnity to the SPONSOR; but should any such information be released by the DEPARTMENT, or by the SPONSOR with such prior written approval, the same shall be regarded as public information and no longer subject to the restrictions of this Agreement. Provided, however, that should the release of such information be required under the Georgia Open Records Act, O.C.G.A. Section 50-18-70, et seq., the restrictions and penalties set forth herein shall not apply. Any request for information directed to the SPONSOR, pursuant to the Georgia Open Records Act, for documents that are either received or maintained by the SPONSOR in the performance of a service or function for or on behalf of the DEPARTMENT shall be released pursuant to provisions of the Act. Further, the Sponsor agrees to notify the Department when documents are released. ARTICLE XVII COPYRIGHTING The SPONSOR shall be prohibited from copyrighting the final reports or copyrighting any papers, interim reports, forms or other material which are a part of the work under this Agreement, without written approval from the DEPARTMENT. The DEPARTMENT reserves the right to a royalty-free, non-exclusive and irrevocable license to reproduce, publish, use and authorize others to use, the work prepared under this Agreement. ARTICLE XVIII CONTRACT DISPUTES This Agreement shall be deemed to have been executed in Fulton County, Georgia, and all questions of interpretation and construction shall be governed by the laws of the State of Georgia. ARTICLE XIX INSURANCE Prior to beginning work, the SPONSOR shall obtain and where applicable cause its contractors and subcontractors to obtain and furnish certificates to the DEPARTMENT for the following minimum amounts of insurance: (1) Workman's Compensation Insurance in accordance with the laws of the State of Georgia. (2) Public Liability Insurance in an amount of not less than one hundred thousand dollars ($100,000.00) for injuries, including those resulting in 12 death to any one person, and in an amount of not less than three hundred thousand dollars ($300,000.00) on account of any one occurrence. (3) Property Damage Insurance in an amount of not less than fifty thousand dollars ($50,000.00) from damages on account of any occurrence, with an aggregate limit of one hundred thousand dollars ($100,000.00). Insurance shall be maintained in full force and effect during the life of the Agreement and until final completion of the PROJECT. ARTICLE XX COMPLIANCE WITH APPLICABLE LAW A. IT IS FURTHER CERTIFIED that the SPONSOR has read and understands the regulations for “CERTIFICATION OF COMPLIANCES WITH FEDERAL PROCUREMENT REQUIREMENTS, STATE AUDIT REQUIREMENT, AND FEDERAL AUDIT REQUIREMENTS” as stated in Attachment A of this Agreement and will comply in full with said provisions. B. IT IS FURTHER CERTIFIED that the SPONSOR has read and understands the provisions of O.C.G.A. Sections 50-24-1 through 50-24-6, relating to the “Drug-Free Workplace Act” as stated in Attachment B of this Agreement and will comply in full with said provisions. C. IT IS FURTHER CERTIFIED that the SPONSOR has read and understands the provisions of the “Sponsor Certification Regarding Debarment, Suspension and Other Responsibility Matters” as stated in Attachment C of this Agreement and will comply in full with said provisions. D. IT IS FURTHER CERTIFIED that the SPONSOR has read and understands the regulations for “COMPLIANCE WITH TITLE VI OF THE CIVIL RIGHTS ACT OF 1964,” as amended, and 23 CFR 200, et seq. as stated in Attachment D of this Agreement and will comply in with said provisions. E. The undersigned certify that the provisions of O.C.G.A. Sections 45-10-20 through 45-10-28 relating to Conflict of Interest and State Employees and Officials Trading with the State have been complied with in full. F. The SPONSOR acknowledges and agrees that failure to complete appropriate certifications or the submission of a false certification shall result in the termination of this Agreement pursuant to the provisions of Article XIV. 13 G. IT IS FURTHER AGREED that the SPONSOR shall use its best efforts to subcontract a minimum of Sixteen percent (16%) of the total amount of PROJECT funds to Disadvantaged Business Enterprise (DBE) as defined and provided for under the Federal Rules and Regulations 49 CFR 26, et seq. The SPONSOR shall ensure that DBE firms are certified with the DEPARTMENT’s Equal Employment Opportunity Office. The SPONSOR shall submit to the DEPARTMENT, for its review and concurrence, a copy of the proposed subcontract including the name of the DBE subcontractor. The Sponsor further agrees to the following assurances for participation by Disadvantaged Business Enterprises in Department of Transportation financial assistance programs: (1) The Sponsor shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of any DOT-assisted contract or in the administration of its DBE program or the requirements of 49 CFR part 26. The Sponsor shall take all necessary and reasonable steps under 49 CFR part 26 to ensure nondiscrimination in the award and administration of DOT-assisted contracts. The Sponsor’s DBE program, as required by 49 CFR part 26 and as approved by DOT, is incorporated by reference in this agreement. Implementation in this program is a legal obligation and failure to carry out its terms shall be treated as a violation of this Agreement. Upon notification to the Sponsor of its failure to carry out its approved program, the Department may impose sanctions as provided for under part 26 and may, in appropriate cases, refer the matter to enforcement under 18 U.S.C. 1001 and/or the Program Fraud Civil Remedies Act of 1986 (31 U.S.C. 3801 et seq.). (2) The Contractor, sub recipient or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The Contractor shall carry out applicable requirements of 49 CFR part 26 in the award and administration of DOT-assisted contracts. Failure by the Contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the Sponsor deems appropriate. H. IT IS FURTHER AGREED that the SPONSOR shall comply and shall require its subcontractors to comply with all applicable requirements of the Americans with Disabilities Act of 1990 (ADA), 42 U.S.C. 12101, et seq. and 49 U.S.C. 322; Section 504 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. 791; and regulations and amendments thereto. I. IT IS FURTHER AGREED that the SPONSOR shall, and shall require its contractors and subcontractors to, comply with all applicable requirements of the Davis -Bacon Act of 1931, 40 U.S.C. 276(a); as prescribed by 23 U.S.C. 113, for Federal-aid highway projects. J. IT IS FURTHER AGREED that the SPONSOR shall be responsible for repayment of any expended federal funds if the PROJECT does not proceed forward to completion due to a lack of available funding in future PROJECT phases, changes in local priorities or cancellation of the PROJECT by the SPONSOR without concurrence by the DEPARTMENT, or if the SPONSOR is not compliant with Federal laws and regulations. K. The parties agree that they will comply with all applicable E-Verify requirements, and any contracts let related to this Agreement shall contain all required E-verify 14 requirements under applicable law. The parties agree that they will comply with all applicable Title VI requirements, and any contracts let related to this IGA shall cont ain all required Title VI requirements under applicable law.” The covenants herein contained shall, except as otherwise provided, accrue to the benefit of and be binding upon the successors and assigns of the parties hereto. 15 IN WITNESS WHEREOF, said parties have hereunto set their hand and affixed their seals the day and year above first written. DEPARTMENT OF TRANSPORTATION CITY OF MILTON Commissioner (SEAL) MAYOR ATTEST SIGNATURE: Treasurer IMPRESS OFFICIAL SEAL HERE IMPRESS NOTARY STAMP HERE Witness Signature Signed, Sealed & Delivered This Day of , 201 . in the presence of: NOTARY PUBLIC SIGNATURE ATTEST SIGNATURE: Federal Employer Tax No. _____________________________________ CITY ATTORNEY SIGNATURE 16 insert AUTHORIZING RESOLUTION here (see following example) 17 FOR EXAMPLE ONLY AUTHORIZING RESOLUTION Resolution authorizing <SPONSOR> (hereinafter referred to as “SPONSOR”) and the Georgia Department of Transportation (hereinafter referred to as “DEPARTMENT”) to contract for funding under the Transportation Equity Act for the 21st Century (hereinafter referred to as “TEA-21”). WHEREAS, the Secretary of the United States Department of Transportation (hereinafter referred to as “US DOT) and the Commissioner of the DEPARTMENT are authorized to contract for Transportation Enhancement Projects; and WHEREAS, the contract for financial assistance imposes certain duties upon SPONSOR including but not limited to the provision of its local share of the project costs; and WHEREAS, SPONSOR guarantees that it will comply with Title VI of the Civil Rights Act of 1964, all other pertinent directives and all US DOT requirements; and WHEREAS, to complete the project, SPONSOR will use Disadvantaged Business Enterprises to the fullest extent possible and will implement and administer procedures to ensure that minority businesses are competitive for contracts and purchase orders when procuring services including but not limited to construction contracts, supplies, equipment contracts or consultant contracts. NOW, THEREFORE, BE IT RESOLVED BY SPONSOR THAT: 1. is authorized to execute the contract on behalf of with the DEPARTMENT for aid in financing construction, and all other activities incidental thereto, of Transportation Enhancement Activity pursuant to Public Law 105-178 (1998); and all other provisions as set forth in the contract with the DEPARTMENT. 2. is authorized to execute and file an assurance or any other document required by the US DOT and the DEPARTMENT certifying compliance with Title VI of the Civil Rights Act of 1964. 3. is authorized to furnish any and all additional information that may be required by US DOT or the DEPARTMENT in connection with the application for the Transportation Enhancement Activity project and budget. 4. That is authorized to set forth and execute affirmative disadvantaged business policies in connection with the participation goal established by the Georgia Department of Transportation. 18 CERTIFICATION The undersigned duly qualified and acting as of the <SPONSOR> certifies the following: The <SPONSOR> has contributed to date the sum of $___________ towards preliminary engineering for this project. The <SPONSOR> has identified sufficient resources to complete the Scope of Work for this project and make all payments not covered by the federal Transportation Enhancement Activity funding contribution. The foregoing is a true and correct copy of a resolution adopted at a legally convened meeting of the held on 20 . <<IMPRESS OFFICIAL SEAL HERE>> ________________________ Signature of Recording Officer _________________________ Title of Recording Officer __________________________ Date 19 insert OPINION OF COUNSEL here (see following example) 20 FOR EXAMPLE ONLY OPINION OF COUNSEL Georgia Department of Transportation Office of Program Delivery One Georgia Center 600 W. Peachtree Street NW Atlanta, GA 30308 Re: Contracts for Transportation Enhancement Activity funds Dear Mr. Albert Shelby: This communication serves as the official opinion of counsel regarding the above referenced matter pursuant to the requirements of the Transportation Equity Act for the 21st Century (TEA- 21), P. L. 105-178 (1998). <SPONSOR> (hereinafter referred to as “SPONSOR”) has been approved for funding under TEA-21 and that the Federal Highway Administration (FHWA) has concurred in said approval. As such, I certify that SPONSOR is authorized to plan, construct and implement Transportation Enhancement Activity projects for the following reasons: 1. SPONSOR is authorized under (cite and quote from legal authority) to plan, construct, implement and maintain Transportation Enhancement Activity projects. These functions may be carried out directly by SPONSOR or by agreements with other parties. 2. SPONSOR is authorized under (cite source and provide a copy) to provide for its share of project funds for the Transportation Enhancement Activity project. See Attached Further, I certify that contracting for Transportation Enhancement Funds does not violate applicable Federal, State and/or local laws. Moreover, I certify that there is no pending litigation or other pending action that may adversely affect the proposed project in the program or SPONSOR’s ability to perform its duties under the contract. Sincerely, Legal Counsel for <SPONSOR> 21 CERTIFICATION OF SPONSOR I hereby certify that I am the _________________________ and duly authorized representative of the ____________________________________________________________ whose address is _______________________________________________. I hereby certify to the best of my knowledge and belief that: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or any employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan or cooperative agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, 'Disclosure Form to Report Lobbying', in accordance with its instructions. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000.00 and not more than $100,000.00 for each such failure. The SPONSOR also agrees that the language of this certification shall be included in all subcontracts and lower tier subcontracts which exceed $10,000.00 and that all such recipients and sub-recipients shall certify and disclose accordingly. I also certify that neither I nor the above entity I here represent has: (a) employed or retained for a commission, percentage, brokerage contingent fee, or other consideration, any firm or person (other than a bona fide employee working solely for me or the above entity) to solicit or secure this Agreement. (b) agreed, as an express or implied condition for obtaining this contract, to employ or retain the services of any firm or person in connection with carrying out the Agreement, or 22 (c) paid or agreed to pay, to any firm, organization or person (other than a bona fide employee working solely for me or the above entity) any fee, contribution, donation, or consideration of any kind for, or in connection with, procuring or carrying out the Agreement; except as here expressly stated (if any): I acknowledge that this certificate is to be furnished to the Department of Transportation and the Federal Highway Administration, U.S. Department of Transportation, in connection with this Agreement involving participation of Federal Highway Funds, and is subject to applicable State and Federal laws, both criminal and civil. _______________________ ___________________________ Date Signature IMPRESS OFFICIAL SEAL HERE 23 CERTIFICATION OF DEPARTMENT OF TRANSPORTATION STATE OF GEORGIA I hereby certify that I am the Commissioner of the Department of Transportation of the State of Georgia, and that the above consulting firm, or its representative has not been required, directly or indirectly as an express or implied condition in connection with obtaining or carrying out this Agreement to: (a) employ or retain, or agree to employ or retain, any firm or person, or (b) pay, or agree to pay, to any firm, person, or organization, any fee, contribution, donation, or consideration of any kind; except as here expressly stated, (if any): I acknowledge that this certificate is to be furnished to the Federal Highway Administration, U.S. Department of Transportation, in connection with this Agreement involving participation of Federal Highway Funds, and is subject to applicable State and Federal Laws, both criminal and civil. _________________________ ________________________________ Date Commissioner 24 ATTACHMENT A CERTIFICATION OF COMPLIANCES I hereby certify that I am a principal and duly authorized representative of _________________ whose address is _____________________and it is also certified that: I. PROCUREMENT REQUIREMENTS The below listed provisions of Federal Procurement requirements shall be complied with throughout the contract period: (a) 49 CFR Part 18 Section 36 Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments – Procurement (b) 23 CFR 635 Subpart A – Contract Procedures II. STATE AUDIT REQUIREMENT The provisions of O.C.G.A. Section 36-81-7, relating to the “Requirement of Audits” shall be complied with throughout the contract period in full such that: (a) Each unit of local government having a population in excess of 1,500 persons or expenditures of $300,000.00 or more shall provide for and cause to be made an annual audit of the financial affairs and transactions of all funds and activities of the local government for each fiscal year of the local government. (b) The governing authority of each local unit of government not included above shall provide for and cause to be made the audit required not less often than once every two fiscal years. (c) The governing authority of each local unit of government having expenditures of less than $ 300,000.00 in that government’s most recently ended fiscal year may elect to provide for and cause to be made, in lieu of the biennial audit, an annual report of agreed upon procedures for that fiscal year. (d) A copy of the report and any comments made by the state auditor shall be maintained as a public record for public inspection during the regular working hours at the principal office of the local government. Those units of local government not having a principal office shall provide a notification to the public as to the location of and times during which the public may inspect the report. 25 (e) The audits of each local government shall be conducted in accordance with generally accepted government auditing standards. III. FEDERAL AUDIT REQUIREMENT The provisions of OMB Circular A-133 issued pursuant to the Single Audit Act of 1984, P.L. 98-502, and the Single Audit Act Amendments of 1996, P.L. 104-156 shall be complied with throughout the contract period in full such that: (a) Non-Federal entities that expend $ 300,000 or more in a year in Federal awards shall have a single or program-specific audit conducted for that year in accordance with the provisions of OMB Circular A-133. (b) Non-Federal entities that expend less than $ 300,000 a year in Federal awards are exempt from Federal audit requirements for that year, but records must be available for review or audit by appropriate officials of the Federal agency, pass - through entity, and General Accounting Office (GAO). (c) Except for the provisions for biennial audits provided in paragraphs (1) and (2) below, audits required shall be performed annually. Any biennial audit shall cover both years within the biennial period. (1) A State or local government that is required by constitution or statute, in effect on January 1, 1987, to undergo its audits less frequently than annually, is permitted to undergo its audits biennially. This requirement must still be in effect for the biennial period under audit. (2) Any non-profit organization that had biennial audits for all biennial periods ending between July 1, 1992, and January 1, 1995, is permitted to undergo its audits biennially. (d) The audit shall be conducted in accordance with Generally Accepted Government Auditing Standards. _______________________ ________________________ Date Signature 26 ATTACHMENT B CERTIFICATION OF SPONSOR DRUG-FREE WORKPLACE (1) The provisions of Section 50-24-1 through 50-24-6 of the Official Code of Georgia Annotated, relating to the "Drug-Free Workplace Act" have been complied with in full; and (2) A drug-free workplace will be provided for the SPONSOR's employees during the performance of the contract; and (3) Each subcontractor hired by the SPONSOR shall be required to ensure that the subcontractor's employees are provided a drug-free workplace. The SPONSOR shall secure from that subcontractor the following written certification: "As part of the subcontracting agreement with the SPONSOR, <the subcontractor> certifies to the SPONSOR that a drug-free workplace will be provided for the subcontractor's employees during the performance of this contract pursuant to paragraph (7) of subsection (b) of the Official Code of Georgia Annotated Section 50-24-3"; and (4) It is certified that the SPONSOR will not engage in unlawful manufacture, sale, distribution, dispensation, possession, or use of a controlled substance or marijuana during the performance of the contract. 27 ATTACHMENT C SPONSOR CERTIFICATION REGARDING DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS The SPONSOR certifies that it has read and understands the attached instructions and that to the best of my knowledge and belief the firm and its representatives: (a) Are not presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from covered transactions by the Georgia Department of Transportation and by any Federal department or agency; (b) Have not within a three year period preceding this Agreement been convicted of or had a civil judgement rendered against the firm or its representatives for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain or performing a public (Federal, State, or Local) transaction or contract under a public transaction in violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or Local) with commission of any of the offenses enumerated in paragraph (b) of this certification; (d) Have not within a three year period preceding this Agreement had one or more public transact ions (Federal, State or Local) terminated for cause or default; and (e) That the firm will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transaction" as attached hereto and without motivation, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. I acknowledge that this certification is provided pursuant to Executive Order 12549 and 49 CFR Part 29 and that this firm agrees to abide by the rules and conditions set forth therein for any misrepresentation that would render this certification erroneous, including termination of this Agreement and other remedies available to the Georgia Department of Transportation and Federal Go vernment. I further acknowledge that this certificate is to be furnished to the Georgia Department of Transportation, in connection with this Agreement involving participation of Federal Highway Funds, and is subject to applicable State and Federal laws, both criminal and civil. 28 Instructions for Attachment C Certification Certification Regarding Debarment, Suspension, and Other Responsibility Matters - Primary Covered Transactions (SPONSORS) 1. By signing and submitting this contract the SPONSOR is providing the certification set out in Attachment C. 2. The inability of the SPONSOR to provide the certification required may not necessarily result in denial of participation in this covered transaction. The SPONSOR shall then submit an explanation of why it cannot provide the certification. The certification or explanation will be considered in connection with the Department's determination whether to enter into this transaction. However, failure of the SPONSOR to furnish a certification or an explanation shall disqualify such person or firm from participation in this transaction. 3. The certification, Attachment C, is a material representation of fact upon which reliance is placed by the Department before entering into this transaction. If it is later determined that the SPONSOR knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the Department may terminate this transaction for cause of default. 4. The SPONSOR shall provide immediate written notice to the Department if at any time the SPONSOR learns that it certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 5. The terms "covered transaction", "debarred", "suspended", "ineligible", "lower tier covered transaction", "participant", "person", "primary covered transaction", "principal", "proposal", and "voluntarily excluded", as used in these instructions and the certification, have the meanings set out in the Definitions and Coverage sections of the rules implementing Executive Order 12549. You may contact the Department for assistance in obtaining a copy of those regulations. 6. The SPONSOR agrees by submitting this proposal/contract that should the proposed covered transaction be entered into, it shall not knowingly enter into a lower tier covered transaction with a person/firm who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction unless authorized by the Department. 7. The SPONSOR further agrees by submitting this proposal/contract that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transaction", as provided by the Department without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. 8. A SPONSOR in a covered transaction may rely upon a certification of a prospective participant in lower tier covered transaction that it is not debarred, suspended, ineligible or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. The SPONSOR may decide the method and frequency by which it determines the eligibility of its principals. 9. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by these instructions. The knowledge and information of the SPONSOR is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 10. Except for transactions authorized under paragraph 6 of these instructions, if the SPONSOR in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction in addition to other remedies available to the Federal Government, the Georgia Department of Transportation may terminate this transaction for cause or default. 29 ATTACHMENT D NOTICE TO SPONSOR COMPLIANCE WITH TITLE VI OF THE CIVIL RIGHTS ACT OF 1964 During the performance of this Agreement, the SPONSOR, for itself, its assignees and successors in interest (hereinafter referred to as the "SPONSOR"), agrees as follows: (1) Compliance with Regulations: The SPONSOR will comply with the Regulations of the Department of Transportation relative to nondiscrimination in Federally assisted programs of the Department of Transportation (Title 49, Code of Federal Regulations, Part 21, hereinafter referred to as the Regulations [also 49 CFR Part 27]), which are herein incorporated by reference and made a part of this contract. (2) Nondiscrimination: The SPONSOR, with regard to the work performed by it after award and prior to completion of the contract work, will not discriminate on the grounds of race, color, national origin, or sex in the selection and retention of subcontractors including procurement of materials and lea ses of equipment. The SPONSOR will not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations, including employment practices when the contract covers a program, set forth in Appendix B of the Regulations. In addition, the SPONSOR will not participate either directly or indirectly in the discrimination prohibited by 23 CFR 200. (3) Solicitations for Subcontracts, Including Procurement of Materials and Equipment: In all solicitations, either by competitive bidding or negotiations made by the SPONSOR for work to be performed under a subcontract, including procurement of materials or equipment, each potential subcontractor or supplier shall be notified by the SPONSOR of the SPONSOR's obligations under this contract and the Regulations relative to nondiscrimination on the grounds of race, color, national origin or sex. (4) Information and Reports: The SPONSOR will provide all information and reports required by the Regulations, or orders and instructions issued pursuant thereto, and will permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the State Department of Transportation or the Federal Highway Administration to be pertinent to asc ertain compliance with such Regulations, orders and instructions. Where any information required of the SPONSOR is in the exclusive possession of another who fails or refuses to furnish this information, the SPONSOR shall so certify to the State Department of Transportation, or the Federal Highway Administration as appropriate, and shall set forth what efforts it has made to obtain this information. (5) Sanctions for Noncompliance: In the event of the SPONSOR's noncompliance with the nondiscrimination provisions of this contract, the State Department of Transportation shall impose such contract sanctions as it or the Federal Highway Administration may determine to be appropriate, including, but not limited to: (a) withholding of payments to the SPONSOR under the contract until the SPONSOR complies, and/or (b) cancellation, termination or suspension of this contract, in whole or in part. (6) Incorporation of Provisions: The SPONSOR will include the provisions of paragraphs (1) through (6) in every subcontract, including procurement of materials and leases of equipment, unless exempt by the Regulations, order, or instructions issued pursuant thereto. The SPONSOR will take such action with respect to any subcontract or procurement as the State Department of Transportation or the Federal Highway Administration may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, however, that in the event the SPONSOR becomes involved in, or is threatened with, litigation with a subcontractor or supplier as a result of such direction, the SPONSOR may request the State to enter into such litigation to protect the interests of the State, and, in addition, the SPONSOR may request the United States to enter into such litigation to protect the interests of the United States. 30 EXHIBIT A WORK PLAN CONSTRUCTION PHASE The Scope and Procedure of the Project is stated as follows: SECTION A - DESCRIPTION OF THE PROJECT The PROJECT consists of providing services connected with construction of SR 372; Broadwell Rd; Mayfield Rd & Mid Broadwell Rd @ 4 LOCS in Fulton County. The PROJECT PLANS on file with the DEPARTMENT and the SPONSOR and referenced as if attached hereto and incorporated as if fully set out herein identify the detailed construction work to be accomplished for the PROJECT. The SPONSOR shall be responsible for the following activities: 1. Comply with conditions listed in the Georgia Department of Natural Resources Historic Preservation Division finding of no adverse effect. 2. Advertise the project for public bid according to the requirements of the Official Code of Georgia, Title 32, Chapter 2, excluding that provision which provides for negotiations and the Required Contract Provisions (Form FHWA-1273) as given in 23 C.F.R. 633 subpart A and 49 C.F.R. Part 18. Upon opening bids, the SPONSOR shall award the PROJECT to the lowest reliable bidder. 3. All bidders submitting bids must be registered or pre-qualified. All bidders submitting bids in excess of $2,000,000 must be pre-qualified with the DEPARTMENT. If construction work involves welded structures, such as bridges, the manufacturer of the structure shall be on the GDOT QPL List 60. 4. The SPONSOR shall hold a pre-construction conference for the project with, at a minimum, the contractor, DBE subcontractors, DEPARTMENTS Project Manager and Area Engineer. 5. Provide copies of the SPONSOR's construction subcontract, construction schedule, and contact list to the DEPARTMENT’s Area Engineer for use in monitoring PROJECT construction and reviewing payment invoices. 6. Provide copies of the completed construction plans to the DEPARTMENT's Project Manager and to the local Area Engineer. Revised February 5, 2015 31 7. Submit to the DEPARTMENT’s Area Engineer a copy of all proposed DBE subcontracts, including the name of the subcontractor. 8. Ensure that DBE firms are certified with the DEPARTMENT’S Equal Employment Opportunity Office and registered subcontractors. 9. Check the third party contractor's payrolls for, including but not limited to, compliance with appropriate wage rates and Disadvantage Business Enterprise (DBE) participant goal and submit monthly reports on DBE participation to the DEPARTMENT 's Area Engineer. DBE monitoring and reporting requirements are outlined in the DEPARTMENT's publication entitled "Disadvantaged Business Enterprise Program Criteria for Acceptability", current edition. 10. Retain a Resident On-site Construction Inspector. 11. Provide for total on-site PROJECT management; working with the third party contractor to establish sequences for work. 12. Submit monthly progress reports and invoices to the DEPARTMENT's Area Engineer until final acceptance of the PROJECT by the SPONSOR and submittal of "Sponsor's Certification of Final Acceptance" form, final voucher, materials certification statement, and “Statement of Final Project Expenditures” form. 13. Maintain adequate project files including but not limited to project diary, material certificates, insurance documents, complete construction plans and specifications, and third party contractor payrolls. 14. The Sponsor is responsible for field quality testing (i.e. slump, air, cylinders) of concrete used in sidewalks and other minor concrete items. The technicians that perform this work shall be GDOT certified. Concrete cylinders may be brought to a GDOT laboratory for testing or can be tested at a non-GDOT laboratory, as long as the laboratory is accredited by AASHTO in AASHTO T-22 or ASTM C-39. The Sponsor must notify the Area Engineer when the contractor intends to place concrete or asphalt mixtures. For all materials not tested by the DEPARTMENT, the SPONSOR will certify that material suppliers and materials conform to the requirements of the Agreement, plans and specifications. These materials are expected to comply with generally accepted industry standards for the individual items. 15. Have a Resident Inspector obtain AS BUILT CONSTRUCTION PLANS. 16. Furnish the DEPARTMENT with a copy of the AS BUILT CONSTRUCTION PLANS. Revised February 5, 2015 32 17. Comply with all applicable state and federal laws, rules and regulations and guidelines as well as the environmental commitments for the project. The DEPARTMENT shall be responsible for the following activities: 1. Provide a project engineer to conduct spot inspections, verify progress, and approve invoices for payment. 2. Conduct materials testing of all materials typically used in highway construction that become a permanent part of the travelway and its safety appurtenances. An exception to this are minor concrete items such as sidewalks. The SPONSOR and DEPARTMENT shall follow the following reimbursement procedures: For payment purposes, the SPONSOR shall forward monthly invoices, with copies of the contractor's invoices, descriptions of work performed during the payment period, and any other documentation requested or required by the DEPARTMENT, to the DEPARTMENT's Area Engineer. The DEPARTMENT shall process the SPONSOR's reimbursement request according to standard procedures established by the DEPARTMENT. It is understood that the DEPARTMENT shall process or make findings on all reimbursement requests in a timely and efficient manner. The SPONSOR agrees to abide by the terms and conditions governing the Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments, 2 CFR 200 and 2 CFR 1201. The SPONSOR shall comply with the following provisions applicable to construction of the PROJECT: a. Content of Construction Contracts. The SPONSOR hereby agrees to contract for the construction of the PROJECT in accordance with the legal requirements imposed on the DEPARTMENT, specifically but not limited to the provisions governing the DEPARTMENT's authority to enter into contracts, Sections 32-2-60 through 32-2-77 of the Official Code of Georgia Annotated, as amended and the Department of Transportation's Rules and Regulations governing the Prequalification of Prospective Bidders, Chapter 672-5 and 23 CFR Part 633, Required Contract Provisions (Form FHWA –1273) The SPONSOR certifies and shall require any contractor or subcontractor to certify that it has examined the plans for the PROJECT and the Department's “Standard Specifications”, 2013 Edition; "Supplemental Revised February 5, 2015 33 Specifications Book", current edition; and any Supplemental Specifications and Special Provisions applicable for the PROJECT and shall construct or cause the construction of the PROJECT in accordance with the requirements of the DEPARTMENT. The SPONSOR further certifies and shall require any contractor or subcontractor to certify compliance with the responsibilities detailed under Subsection e. Work Stoppage, below. b. Right to Inspect. The DEPARTMENT, its authorized representatives, agents or employees and the Federal Highway Administration shall have the right to inspect any and all construction and work within the right of way of the PROJECT in order to verify that the SPONSOR, its authorized representatives, agents, employees, contractor, or subcontractor are complying with all undertakings, duties and obligations under this Agreement. Such inspections shall not unreasonably or unnecessarily interfere with any construction. The SPONSOR shall keep the DEPARTMENT notified of all construction and construction schedules. The right to inspect shall include but not be limited to the right to spot inspect and verify the progress of the work, confirm quantities and quality of the work and provide for the testing of concrete and asphalt if needed. At approximately fifty percent (50%) completion of the PROJECT, the SPONSOR shall contact the Historic Preservation Division of the Georgia Department of Natural Resources and arrange a site visit. Upon completion of the PROJECT, the SPONSOR shall contact the Historic Preservation Division in order to arrange for a final site visit. The purpose of the inspections by the Historic Preservation Division is to ensure that the materials used will meet the U.S. Secretary of Interior's Standards for Rehabilitation. c. No Assumption of Liability. The DEPARTMENT by reserving the right to review and inspect the SPONSOR's construction plans, contract documents and schedules and to inspect and review the construction a nd work shall have no obligation to inspect and review. Further, the DEPARTMENT, does not assume, but expressly disclaims, any liability or responsibility for the SPONSOR's or any other entities work on the PROJECT. d. Standards of Construction. All construction activities on the PROJECT shall be performed: Revised February 5, 2015 34 1. in a good, workmanlike and non-negligent manner; 2. in a manner that avoids endangering the safety of any person, employee, tenant, servant, guest, invitee, contractor, subcontractor or agent; 3. in accordance with all applicable laws, the provision of applicable contract documents and the applicable provisions of this Agreement; and 4. free of all mechanics' and material liens upon or against the entire PROJECT property. e. Work Stoppage. In the event of the discovery of significant archaeological remains, construction shall be stopped and the SPONSOR shall notify the Georgia Department of Natural Resources of the discovery. In this context, to be "significant", such remains would have to be able to provide important and non-redundant information that could not be obtained from other sources. The SPONSOR shall notify the Georgia Department of Natural Resources of the discovery of intact cultural features such as, but not limited to, foundations and wells. The construction shall remain stopped until the Georgia Department of Natural Resources has completed their evaluation of the remains. f. Project Maintenance and Operation. Upon completion of the PROJECT, the SPONSOR shall assume full responsibility for the continued operation and maintenance, including the grass strip between the curb and gutter and the sidewalk within the Project limits, at no additional cost to the DEPARTMENT. The DEPARTMENT and Federal Highway Administration reserve the right to conduct periodic site inspections for the purpose of confirming proper operation and maintenance of the PROJECT. Revised February 5, 2015 35 GEORGIA SECURITY AND IM M IGRATION COM PLIANCE ACT AFFIDAVIT Contractor’s Name: City of Milton Solicitation/Contract No./ Call No. or Project Description: PI 0011675, Fulton County, SR 372; Broadwell Rd; Mayfield Rd & Mid Broadwell Rd @ 4 LOCS CONTRACTOR AFFIDA VIT By executing this affidavit, the undersigned contractor verifies its compliance with O.C.G.A. § 13-10-91, stating affirmativel y that the individual, entity or corporation which is engaged in the physical performance of services on behalf o f the Georgia Department of Transportation has registered with, is authorized to use and uses the federal work authorization program commonl y known as E-V erify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91. Furthermore, the undersigned contractor will continue to use the federal work authorization program throughout the contract period and the undersigned contractor will contract for the physical performance of services in satisfaction of such contract only with subcontractors who present an affidavit to the contractor with the information required by O.C.G.A. § 13-10-91(b). Contractor hereby attests that its federal work authorization user identification number and date o f authorization are as follows: Federal Work Authorization User Identification Number Date of Authorization (EEV / E-Verify User Identification Number) Name of Contractor I hereby declare under penalty of perjury that the foregoing is true and correct P rinted Name (of Authorized Officer or Agent of Contractor) Title (of Authorized Officer or Agent of Contractor) Signature (of Authorized Officer or Agent) Date Signed SUBSCRIBED AND SWORN BEFORE ME ON THIS THE _____ DAY OF ______________________, 20____ ________________________________________ [NOTARY SEAL] Notary Public My Commission Expires: ___________________ Rev. 11/01/15 36 FHWA-1273 -- Revised May 1, 2012 REQUIRED CONTRACT PROVISIONS FEDERAL-AID CONSTRUCTION CONTRACTS I. General II. Nondiscrimination III. Nonsegregated Facilities IV. Davis-Bacon and Related Act Provisions V. Contract Work Hours and Safety Standards Act Provisions VI. Subletting or Assigning the Contract VII. Safety: Accident Prevention VIII. False Statements Concerning Highway Projects IX. Implementation of Clean Air Act and Federal Water Pollution Control Act X. Compliance with Governmentwide Suspension and Debarment Requirements XI. Certification Regarding Use of Contract Funds for Lobbying ATTACHMENTS A. Employment and Materials Preference for Appalachian Development Highway System or Appalachian Local Access Road Contracts (included in Appalachian contracts only) I. GENERAL 1. Form FHWA-1273 must be physically incorporated in each construction contract funded under Title 23 (excluding emergency contracts solely intended for debris removal). The contractor (or subcontractor) must insert this form in each subcontract and further require its inclusion in all lower tier subcontracts (excluding purchase orders, rental agreements and other agreements for supplies or services). The applicable requirements of Form FHWA-1273 are incorporated by reference for work done under any purchase order, rental agreement or agreement for other services. The prime contractor shall be responsible for compliance by any subcontractor, lower-tier subcontractor or service provider. Form FHWA-1273 must be included in all Federal-aid design- build contracts, in all subcontracts and in lower tier subcontracts (excluding subcontracts for design services, purchase orders, rental agreements and other agreements for supplies or services). The design-builder shall be responsible for compliance by any subcontractor, lower-tier subcontractor or service provider. Contracting agencies may reference Form FHWA-1273 in bid proposal or request for proposal documents, however, the Form FHWA-1273 must be physically incorporated (not referenced) in all contracts, subcontracts and lower-tier subcontracts (excluding purchase orders, rental agreements and other agreements for supplies or services related to a construction contract). 2. Subject to the applicability criteria noted in the following sections, these contract provisions shall apply to all work performed on the contract by the contractor's own organization and with the assistance of workers under the contractor's immediate superintendence and to all work performed on the contract by piecework, station work, or by subcontract. 3. A breach of any of the stipulations contained in these Required Contract Provisions may be sufficient grounds for withholding of progress payments, withholding of final payment, termination of the contract, suspension / debarment or any other action determined to be appropriate by the contracting agency and FHWA. 4. Selection of Labor: During the performance of this contract, the contractor shall not use convict labor for any purpose within the limits of a construction project on a Federal-aid highway unless it is labor performed by convicts who are on parole, supervised release, or probation. The term Federal-aid highway does not include roadways functionally classified as local roads or rural minor collectors. II. NONDISCRIMINATION The provisions of this section related to 23 CFR Part 230 are applicable to all Federal-aid construction contracts and to all related construction subcontracts of $10,000 or more. The provisions of 23 CFR Part 230 are not applicable to material supply, engineering, or architectural service contracts. In addition, the contractor and all subcontractors must comply with the following policies: Executive Order 11246, 41 CFR 60, 29 CFR 1625-1627, Title 23 USC Section 140, the Rehabilitation Act of 1973, as amended (29 USC 794), Title VI of the Civil Rights Act of 1964, as amended, and related regulations including 49 CFR Parts 21, 26 and 27; and 23 CFR Parts 200, 230, and 633. The contractor and all subcontractors must comply with: the requirements of the Equal Opportunity Clause in 41 CFR 60- 1.4(b) and, for all construction contracts exceeding $10,000, the Standard Federal Equal Employment Opportunity Construction Contract Specifications in 41 CFR 60-4.3. Note: The U.S. Department of Labor has exclusive authority to determine compliance with Executive Order 11246 and the policies of the Secretary of Labor including 41 CFR 60, and 29 CFR 1625-1627. The contracting agency and the FHWA have the authority and the responsibility to ensure compliance with Title 23 USC Section 140, the Rehabilitation Act of 1973, as amended (29 USC 794), and Title VI of the Civil Rights Act of 1964, as amended, and related regulations including 49 CFR Parts 21, 26 and 27; and 23 CFR Parts 200, 230, and 633. The following provision is adopted from 23 CFR 230, Appendix A, with appropriate revisions to conform to the U.S. Department of Labor (US DOL) and FHWA requirements. 1. Equal Employment Opportunity: Equal employment opportunity (EEO) requirements not to discriminate and to take affirmative action to assure equal opportunity as set forth under laws, executive orders, rules, regulations (28 CFR 35, 29 CFR 1630, 29 CFR 1625-1627, 41 CFR 60 and 49 CFR 27) and orders of the Secretary of Labor as modified by the provisions prescribed herein, and imposed pursuant to 23 U.S.C. 140 shall constitute the EEO and specific affirmative action standards for the contractor's project activities under 37 this contract. The provisions of the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.) set forth under 28 CFR 35 and 29 CFR 1630 are incorporated by reference in this contract. In the execution of this contract, the contractor agrees to comply with the following minimum specific requirement activities of EEO: a. The contractor will work with the contracting agency and the Federal Government to ensure that it has made every good faith effort to provide equal opportunity with respect to all of its terms and conditions of employment and in their review of activities under the contract. b. The contractor will accept as its operating policy the following statement: "It is the policy of this Company to assure that applicants are employed, and that employees are treated during employment, without regard to their race, religion, sex, color, national origin, age or disability. Such action shall include: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship, pre-apprenticeship, and/or on-the- job training." 2. EEO Officer: The contractor will designate and make known to the contracting officers an EEO Officer who will have the responsibility for and must be capable of effectively administering and promoting an active EEO program and who must be assigned adequate authority and responsibility to do so. 3. Dissemination of Policy: All members of the contractor's staff who are authorized to hire, supervise, promote, and discharge employees, or who recommend such action, or who are substantially involved in such action, will be made fully cognizant of, and will implement, the contractor's EEO policy and contractual responsibilities to provide EEO in each grade and classification of employment. To ensure that the above agreement will be met, the following actions will be taken as a minimum: a. Periodic meetings of supervisory and personnel office employees will be conducted before the start of work and then not less often than once every six months, at which time the contractor's EEO policy and its implementation will be reviewed and explained. The meetings will be conducted by the EEO Officer. b. All new supervisory or personnel office employees will be given a thorough indoctrination by the EEO Officer, covering all major aspects of the contractor's EEO obligations within thirty days following their reporting for duty with the contractor. c. All personnel who are engaged in direct recruitment for the project will be instructed by the EEO Officer in the contractor's procedures for locating and hiring minorities and women. d. Notices and posters setting forth the contractor's EEO policy will be placed in areas readily accessible to employees, applicants for employment and potential employees. e. The contractor's EEO policy and the procedures to implement such policy will be brought to the attention of employees by means of meetings, employee handbooks, or other appropriate means. 4. Recruitment: When advertising for employees, the contractor will include in all advertisements for employees the notation: "An Equal Opportunity Employer." All such advertisements will be placed in publications having a large circulation among minorities and women in the area from which the project work force would normally be derived. a. The contractor will, unless precluded by a valid bargaining agreement, conduct systematic and direct recruitment through public and private employee referral sources likely to yield qualified minorities and women. To meet this requirement, the contractor will identify sources of potential minority group employees, and establish with such identified sources procedures whereby minority and women applicants may be referred to the contractor for employment consideration. b. In the event the contractor has a valid bargaining agreement providing for exclusive hiring hall referrals, the contractor is expected to observe the provisions of that agreement to the extent that the system meets the contractor's compliance with EEO contract provisions. Where implementation of such an agreement has the effect of discriminating against minorities or women, or obligates the contractor to do the same, such implementation violates Federal nondiscrimination provisions. c. The contractor will encourage its present employees to refer minorities and women as applicants for employment. Information and procedures with regard to referring such applicants will be discussed with employees. 5. Personnel Actions: Wages, working conditions, and employee benefits shall be established and administered, and personnel actions of every type, including hiring, upgrading, promotion, transfer, demotion, layoff, and termination, shall be taken without regard to race, color, religion, sex, national origin, age or disability. The following procedures shall be followed: a. The contractor will conduct periodic inspections of project sites to insure that working conditions and employee facilities do not indicate discriminatory treatment of project site personnel. b. The contractor will periodically evaluate the spread of wages paid within each classification to determine any evidence of discriminatory wage practices. c. The contractor will periodically review selected personnel actions in depth to determine whether there is evidence of discrimination. Where evidence is found, the contractor will promptly take corrective action. If the review indicates that the discrimination may extend beyond the actions reviewed, such corrective action shall include all affected persons. d. The contractor will promptly investigate all complaints of alleged discrimination made to the contractor in connection with its obligations under this contract, will attempt to resolve such complaints, and will take appropriate corrective action within a reasonable time. If the investigation indicates that the discrimination may affect persons other than the complainant, such corrective action shall include such other persons. Upon completion of each investigation, the contractor will inform every complainant of all of their avenues of appeal. 6. Training and Promotion: a. The contractor will assist in locating, qualifying, and increasing the skills of minorities and women who are 38 applicants for employment or current employees. Such efforts should be aimed at developing full journey level status employees in the type of trade or job classification involved. b. Consistent with the contractor's work force requirements and as permissible under Federal and State regulations, the contractor shall make full use of training programs, i.e., apprenticeship, and on-the-job training programs for the geographical area of contract performance. In the event a special provision for training is provided under this contract, this subparagraph will be superseded as indicated in the special provision. The contracting agency may reserve training positions for persons who receive welfare assistance in accordance with 23 U.S.C. 140(a). c. The contractor will advise employees and applicants for employment of available training programs and entrance requirements for each. d. The contractor will periodically review the training and promotion potential of employees who are minorities and women and will encourage eligible employees to apply for such training and promotion. 7. Unions: If the contractor relies in whole or in part upon unions as a source of employees, the contractor will use good faith efforts to obtain the cooperation of such unions to increase opportunities for minorities and women. Actions by the contractor, either directly or through a contractor's association acting as agent, will include the procedures set forth below: a. The contractor will use good faith efforts to develop, in cooperation with the unions, joint training programs aimed toward qualifying more minorities and women for membership in the unions and increasing the skills of minorities and women so that they may qualify for higher paying employment. b. The contractor will use good faith efforts to incorporate an EEO clause into each union agreement to the end that such union will be contractually bound to refer applicants without regard to their race, color, religion, sex, national origin, age or disability. c. The contractor is to obtain information as to the referral practices and policies of the labor union except that to the extent such information is within the exclusive possession of the labor union and such labor union refuses to furnish such information to the contractor, the contractor shall so certify to the contracting agency and shall set forth what efforts have been made to obtain such information. d. In the event the union is unable to provide the contractor with a reasonable flow of referrals within the time limit set forth in the collective bargaining agreement, the contractor will, through independent recruitment efforts, fill the employment vacancies without regard to race, color, religion, sex, national origin, age or disability; making full efforts to obtain qualified and/or qualifiable minorities and women. The failure of a union to provide sufficient referrals (even though it is obligated to provide exclusive referrals under the terms of a collective bargaining agreement) does not relieve the contractor from the requirements of this paragraph. In the event the union referral practice prevents the contractor from meeting the obligations pursuant to Executive Order 11246, as amended, and these special provisions, such contractor shall immediately notify the contracting agency. 8. Reasonable Accommodation for Applicants / Employees with Disabilities: The contractor must be familiar with the requirements for and comply with the Americans with Disabilities Act and all rules and regulations established there under. Employers must provide reasonable accommodation in all employment activities unless to do so would cause an undue hardship. 9. Selection of Subcontractors, Procurement of Materials and Leasing of Equipment: The contractor shall not discriminate on the grounds of race, color, religion, sex, national origin, age or disability in the selection and retention of subcontractors, including procurement of materials and leases of equipment. The contractor shall take all necessary and reasonable steps to ensure nondiscrimination in the administration of this contract. a. The contractor shall notify all potential subcontractors and suppliers and lessors of their EEO obligations under this contract. b. The contractor will use good faith efforts to ensure subcontractor compliance with their EEO obligations. 10. Assurance Required by 49 CFR 26.13(b): a. The requirements of 49 CFR Part 26 and the State DOT’s U.S. DOT-approved DBE program are incorporated by reference. b. The contractor or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT-assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the contracting agency deems appropriate. 11. Records and Reports: The contractor shall keep such records as necessary to document compliance with the EEO requirements. Such records shall be retained for a period of three years following the date of the final payment to the contractor for all contract work and shall be available at reasonable times and places for inspection by authorized representatives of the contracting agency and the FHWA. a. The records kept by the contractor shall document the following: (1) The number and work hours of minority and non- minority group members and women employed in each work classification on the project; (2) The progress and efforts being made in cooperation with unions, when applicable, to increase employment opportunities for minorities and women; and (3) The progress and efforts being made in locating, hiring, training, qualifying, and upgrading minorities and women; b. The contractors and subcontractors will submit an annual report to the contracting agency each July for the duration of the project, indicating the number of minority, women, and non-minority group employees currently engaged in each work classification required by the contract work. This information is to be reported on Form FHWA-1391. The staffing data should represent the project work force on board in all or any part of the last payroll period preceding the end of July. If on-the-job training is being required by special provision, the contractor 39 will be required to collect and report training data. The employment data should reflect the work force on board during all or any part of the last payroll period preceding the end of July. III. NONSEGREGATED FACILITIES This provision is applicable to all Federal-aid construction contracts and to all related construction subcontracts of $10,000 or more. The contractor must ensure that facilities provided for employees are provided in such a manner that segregation on the basis of race, color, religion, sex, or national origin cannot result. The contractor may neither require such segregated use by written or oral policies nor tolerate such use by employee custom. The contractor's obligation extends further to ensure that its employees are not assigned to perform their services at any location, under the contractor's control, where the facilities are segregated. The term "facilities" includes waiting rooms, work areas, restaurants and other eating areas, time clocks, restrooms, washrooms, locker rooms, and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing provided for employees. The contractor shall provide separate or single-user restrooms and necessary dressing or sleeping areas to assure privacy between sexes. IV. DAVIS-BACON AND RELATED ACT PROVISIONS This section is applicable to all Federal-aid construction projects exceeding $2,000 and to all related subcontracts and lower-tier subcontracts (regardless of subcontract size). The requirements apply to all projects located within the right-of- way of a roadway that is functionally classified as Federal-aid highway. This excludes roadways functionally classified as local roads or rural minor collectors, which are exempt. Contracting agencies may elect to apply these requirements to other projects. The following provisions are from the U.S. Department of Labor regulations in 29 CFR 5.5 “Contract provisions and related matters” with minor revisions to conform to the FHWA- 1273 format and FHWA program requirements. 1. Minimum wages a. All laborers and mechanics employed or working upon the site of the work, will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR part 3)), the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona fide fringe benefits under section 1(b)(2) of the Davis-Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of paragraph 1.d. of this section; also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in 29 CFR 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided, That the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classification and wage rates conformed under paragraph 1.b. of this section) and the Davis-Bacon poster (WH–1321) shall be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers. b. (1) The contracting officer shall require that any class of laborers or mechanics, including helpers, which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. The contracting officer shall approve an additional classification and wage rate and fringe benefits therefore only when the following criteria have been met: (i) The work to be performed by the classification requested is not performed by a classification in the wage determination; and (ii) The classification is utilized in the area by the construction industry; and (iii) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination. (2) If the contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and the contracting officer agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by the contracting officer to the Administrator of the Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor, Washington, DC 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary. (3) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and the contracting officer do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), the contracting officer shall refer the questions, including the views of all interested parties and the recommendation of the contracting officer, to the Wage and Hour Administrator for determination. The Wage and Hour Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise the contracting officer or 40 will notify the contracting officer within the 30-day period that additional time is necessary. (4) The wage rate (including fringe benefits where appropriate) determined pursuant to paragraphs 1.b.(2) or 1.b.(3) of this section, shall be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification. c. Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof. d. If the contractor does not make payments to a trustee or other third person, the contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, Provided, That the Secretary of Labor has found, upon the written request of the contractor, that the applicable standards of the Davis-Bacon Act have been met. The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. 2. Withholding The contracting agency shall upon its own action or upon written request of an authorized representative of the Department of Labor, withhold or cause to be withheld from the contractor under this contract, or any other Federal contract with the same prime contractor, or any other federally- assisted contract subject to Davis-Bacon prevailing wage requirements, which is held by the same prime contractor, so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees, and helpers, employed by the contractor or any subcontractor the full amount of wages required by the contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee, or helper, employed or working on the site of the work, all or part of the wages required by the contract, the contracting agency may, after written notice to the contractor, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased. 3. Payrolls and basic records a. Payrolls and basic records relating thereto shall be maintained by the contractor during the course of the work and preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work. Such records shall contain the name, address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in section 1(b)(2)(B) of the Davis-Bacon Act), daily and weekly number of hours worked, deductions made and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv) that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in section 1(b)(2)(B) of the Davis- Bacon Act, the contractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs. b. (1) The contractor shall submit weekly for each week in which any contract work is performed a copy of all payrolls to the contracting agency. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under 29 CFR 5.5(a)(3)(i), except that full social security numbers and home addresses shall not be included on weekly transmittals. Instead the payrolls shall only need to include an individually identifying number for each employee ( e.g. , the last four digits of the employee's social security number). The required weekly payroll information may be submitted in any form desired. Optional Form WH–347 is available for this purpose from the Wage and Hour Division Web site at http://www.dol.gov/esa/whd/forms/wh347instr.htm or its successor site. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. Contractors and subcontractors shall maintain the full social security number and current address of each covered worker, and shall provide them upon request to the contracting agency for transmission to the State DOT, the FHWA or the Wage and Hour Division of the Department of Labor for purposes of an investigation or audit of compliance with prevailing wage requirements. It is not a violation of this section for a prime contractor to require a subcontractor to provide addresses and social security numbers to the prime contractor for its own records, without weekly submission to the contracting agency.. (2) Each payroll submitted shall be accompanied by a “Statement of Compliance,” signed by the contractor or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following: (i) That the payroll for the payroll period contains the information required to be provided under §5.5 (a)(3)(ii) of Regulations, 29 CFR part 5, the appropriate information is being maintained under §5.5 (a)(3)(i) of Regulations, 29 CFR part 5, and that such information is correct and complete; (ii) That each laborer or mechanic (including each helper, apprentice, and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in Regulations, 29 CFR part 3; (iii) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the contract. 41 (3) The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH–347 shall satisfy the requirement for submission of the “Statement of Compliance” required by paragraph 3.b.(2) of this section. (4) The falsification of any of the above certifications may subject the contractor or subcontractor to civil or criminal prosecution under section 1001 of title 18 and section 231 of title 31 of the United States Code. c. The contractor or subcontractor shall make the records required under paragraph 3.a. of this section available for inspection, copying, or transcription by authorized representatives of the contracting agency, the State DOT, the FHWA, or the Department of Labor, and shall permit such representatives to interview employees during working hours on the job. If the contractor or subcontractor fails to submit the required records or to make them available, the FHWA may, after written notice to the contractor, the contracting agency or the State DOT, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12. 4. Apprentices and trainees a. Apprentices (programs of the USDOL). Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Office of Apprenticeship Training, Employer and Labor Services, or with a State Apprenticeship Agency recognized by the Office, or if a person is employed in his or her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Office of Apprenticeship Training, Employer and Labor Services or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman's hourly rate) specified in the contractor's or subcontractor's registered program shall be observed. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. In the event the Office of Apprenticeship Training, Employer and Labor Services, or a State Apprenticeship Agency recognized by the Office, withdraws approval of an apprenticeship program, the contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved. b. Trainees (programs of the USDOL). Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the U.S. Department of Labor, Employment and Training Administration. The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Every trainee must be paid at not less than the rate specified in the approved program for the trainee's level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman wage rate on the wage determination which provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In the event the Employment and Training Administration withdraws approval of a training program, the contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. c. Equal employment opportunity. The utilization of apprentices, trainees and journeymen under this part shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR part 30. 42 d. Apprentices and Trainees (programs of the U.S. DOT). Apprentices and trainees working under apprenticeship and skill training programs which have been certified by the Secretary of Transportation as promoting EEO in connection with Federal-aid highway construction programs are not subject to the requirements of paragraph 4 of this Section IV. The straight time hourly wage rates for apprentices and trainees under such programs will be established by the particular programs. The ratio of apprentices and trainees to journeymen shall not be greater than permitted by the terms of the particular program. 5. Compliance with Copeland Act requirements. The contractor shall comply with the requirements of 29 CFR part 3, which are incorporated by reference in this contract. 6. Subcontracts. The contractor or subcontractor shall insert Form FHWA-1273 in any subcontracts and also require the subcontractors to include Form FHWA-1273 in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses in 29 CFR 5.5. 7. Contract termination: debarment. A breach of the contract clauses in 29 CFR 5.5 may be grounds for termination of the contract, and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12. 8. Compliance with Davis-Bacon and Related Act requirements. All rulings and interpretations of the Davis- Bacon and Related Acts contained in 29 CFR parts 1, 3, and 5 are herein incorporated by reference in this contract. 9. Disputes concerning labor standards. Disputes arising out of the labor standards provisions of this contract shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR parts 5, 6, and 7. Disputes within the meaning of this clause include disputes between the contractor (or any of its subcontractors) and the contracting agency, the U.S. Department of Labor, or the employees or their representatives. 10. Certification of eligibility. a. By entering into this contract, the contractor certifies that neither it (nor he or she) nor any person or firm who has an interest in the contractor's firm is a person or firm ineligible to be awarded Government contracts by virtue of section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1). b. No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1). c. The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. 1001. V. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT The following clauses apply to any Federal-aid construction contract in an amount in excess of $100,000 and subject to the overtime provisions of the Contract Work Hours and Safety Standards Act. These clauses shall be inserted in addition to the clauses required by 29 CFR 5.5(a) or 29 CFR 4.6. As used in this paragraph, the terms laborers and mechanics include watchmen and guards. 1. Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. 2. Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (1.) of this section, the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (1.) of this section, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (1.) of this section. 3. Withholding for unpaid wages and liquidated damages. The FHWA or the contacting agency shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (2.) of this section. 4. Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (1.) through (4.) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (1.) through (4.) of this section. 43 VI. SUBLETTING OR ASSIGNING THE CONTRACT This provision is applicable to all Federal-aid construction contracts on the National Highway System. 1. The contractor shall perform with its own organization contract work amounting to not less than 30 percent (or a greater percentage if specified elsewhere in the contract) of the total original contract price, excluding any specialty items designated by the contracting agency. Specialty items may be performed by subcontract and the amount of any such specialty items performed may be deducted from the total original contract price before computing the amount of work required to be performed by the contractor's own organization (23 CFR 635.116). a. The term “perform work with its own organization” refers to workers employed or leased by the prime contractor, and equipment owned or rented by the prime contractor, with or without operators. Such term does not include employees or equipment of a subcontractor or lower tier subcontractor, agents of the prime contractor, or any other assignees. The term may include payments for the costs of hiring leased employees from an employee leasing firm meeting all relevant Federal and State regulatory requirements. Leased employees may only be included in this term if the prime contractor meets all of the following conditions: (1) the prime contractor maintains control over the supervision of the day-to-day activities of the leased employees; (2) the prime contractor remains responsible for the quality of the work of the leased employees; (3) the prime contractor retains all power to accept or exclude individual employees from work on the project; and (4) the prime contractor remains ultimately responsible for the payment of predetermined minimum wages, the submission of payrolls, statements of compliance and all other Federal regulatory requirements. b. "Specialty Items" shall be construed to be limited to work that requires highly specialized knowledge, abilities, or equipment not ordinarily available in the type of contracting organizations qualified and expected to bid or propose on the contract as a whole and in general are to be limited to minor components of the overall contract. 2. The contract amount upon which the requirements set forth in paragraph (1) of Section VI is computed includes the cost of material and manufactured products which are to be purchased or produced by the contractor under the contract provisions. 3. The contractor shall furnish (a) a competent superintendent or supervisor who is employed by the firm, has full authority to direct performance of the work in accordance with the contract requirements, and is in charge of all construction operations (regardless of who performs the work) and (b) such other of its own organizational resources (supervision, management, and engineering services) as the contracting officer determines is necessary to assure the performance of the contract. 4. No portion of the contract shall be sublet, assigned or otherwise disposed of except with the written consent of the contracting officer, or authorized representative, and such consent when given shall not be construed to relieve the contractor of any responsibility for the fulfillment of the contract. Written consent will be given only after the contracting agency has assured that each subcontract is evidenced in writing and that it contains all pertinent provisions and requirements of the prime contract. 5. The 30% self-performance requirement of paragraph (1) is not applicable to design-build contracts; however, contracting agencies may establish their own self-performance requirements. VII. SAFETY: ACCIDENT PREVENTION This provision is applicable to all Federal-aid construction contracts and to all related subcontracts. 1. In the performance of this contract the contractor shall comply with all applicable Federal, State, and local laws governing safety, health, and sanitation (23 CFR 635). The contractor shall provide all safeguards, safety devices and protective equipment and take any other needed actions as it determines, or as the contracting officer may determine, to be reasonably necessary to protect the life and health of employees on the job and the safety of the public and to protect property in connection with the performance of the work covered by the contract. 2. It is a condition of this contract, and shall be made a condition of each subcontract, which the contractor enters into pursuant to this contract, that the contractor and any subcontractor shall not permit any employee, in performance of the contract, to work in surroundings or under conditions which are unsanitary, hazardous or dangerous to his/her health or safety, as determined under construction safety and health standards (29 CFR 1926) promulgated by the Secretary of Labor, in accordance with Section 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 3704). 3. Pursuant to 29 CFR 1926.3, it is a condition of this contract that the Secretary of Labor or authorized representative thereof, shall have right of entry to any site of contract performance to inspect or investigate the matter of compliance with the construction safety and health standards and to carry out the duties of the Secretary under Section 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C.3704). VIII. FALSE STATEMENTS CONCERNING HIGHWAY PROJECTS This provision is applicable to all Federal-aid construction contracts and to all related subcontracts. In order to assure high quality and durable construction in conformity with approved plans and specifications and a high degree of reliability on statements and representations made by engineers, contractors, suppliers, and workers on Federal- aid highway projects, it is essential that all persons concerned with the project perform their functions as carefully, thoroughly, and honestly as possible. Willful falsification, distortion, or misrepresentation with respect to any facts related to the project is a violation of Federal law. To prevent any misunderstanding regarding the seriousness of these and similar acts, Form FHWA-1022 shall be posted on each Federal-aid highway project (23 CFR 635) in one or more places where it is readily available to all persons concerned with the project: 18 U.S.C. 1020 reads as follows: 44 "Whoever, being an officer, agent, or employee of the United States, or of any State or Territory, or whoever, whether a person, association, firm, or corporation, knowingly makes any false statement, false representation, or false report as to the character, quality, quantity, or cost of the material used or to be used, or the quantity or quality of the work performed or to be performed, or the cost thereof in connection with the submission of plans, maps, specifications, contracts, or costs of construction on any highway or related project submitted for approval to the Secretary of Transportation; or Whoever knowingly makes any false statement, false representation, false report or false claim with respect to the character, quality, quantity, or cost of any work performed or to be performed, or materials furnished or to be furnished, in connection with the construction of any highway or related project approved by the Secretary of Transportation; or Whoever knowingly makes any false statement or false representation as to material fact in any statement, certificate, or report submitted pursuant to provisions of the Federal-aid Roads Act approved July 1, 1916, (39 Stat. 355), as amended and supplemented; Shall be fined under this title or imprisoned not more than 5 years or both." IX. IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT This provision is applicable to all Federal-aid construction contracts and to all related subcontracts. By submission of this bid/proposal or the execution of this contract, or subcontract, as appropriate, the bidder, proposer, Federal-aid construction contractor, or subcontractor, as appropriate, will be deemed to have stipulated as follows: 1. That any person who is or will be utilized in the performance of this contract is not prohibited from receiving an award due to a violation of Section 508 of the Clean Water Act or Section 306 of the Clean Air Act. 2. That the contractor agrees to include or cause to be included the requirements of paragraph (1) of this Section X in every subcontract, and further agrees to take such action as the contracting agency may direct as a means of enforcing such requirements. X. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION This provision is applicable to all Federal-aid construction contracts, design-build contracts, subcontracts, lower-tier subcontracts, purchase orders, lease agreements, consultant contracts or any other covered transaction requiring FHWA approval or that is estimated to cost $25,000 or more – as defined in 2 CFR Parts 180 and 1200. 1. Instructions for Certification – First Tier Participants: a. By signing and submitting this proposal, the prospective first tier participant is providing the certification set out below. b. The inability of a person to provide the certification set out below will not necessarily result in denial of participation in this covered transaction. The prospective first tier participant shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction. However, failure of the prospective first tier participant to furnish a certification or an explanation shall disqualify such a person from participation in this transaction. c. The certification in this clause is a material representation of fact upon which reliance was placed when the contracting agency determined to enter into this transaction. If it is later determined that the prospective participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the contracting agency may terminate this transaction for cause of default. d. The prospective first tier participant shall provide immediate written notice to the contracting agency to whom this proposal is submitted if any time the prospective first tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. e. The terms "covered transaction," "debarred," "suspended," "ineligible," "participant," "person," "principal," and "voluntarily excluded," as used in this clause, are defined in 2 CFR Parts 180 and 1200. “First Tier Covered Transactions” refers to any covered transaction between a grantee or subgrantee of Federal funds and a participant (such as the prime or general contract). “Lower Tier Covered Transactions” refers to any covered transaction under a First Tier Covered Transaction (such as subcontracts). “First Tier Participant” refers to the participant who has entered into a covered transaction with a grantee or subgrantee of Federal funds (such as the prime or general contractor). “Lower Tier Participant” refers any participant who has entered into a covered transaction with a First Tier Participant or other Lower Tier Participants (such as subcontractors and suppliers). f. The prospective first tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency entering into this transaction. g. The prospective first tier participant further agrees by submitting this proposal that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transactions," provided by the department or contracting agency, entering into this covered transaction, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions exceeding the $25,000 threshold. h. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any lower tier prospective participants, each participant may, but is not required to, check the Excluded Parties List System website (https://www.epls.gov/), which is compiled by the General Services Administration. 45 i. Nothing contained in the foregoing shall be construed to require the establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of the prospective participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. j. Except for transactions authorized under paragraph (f) of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default. * * * * * 2. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion – First Tier Participants: a. The prospective first tier participant certifies to the best of its knowledge and belief, that it and its principals: (1) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency; (2) Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (3) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph (a)(2) of this certification; and (4) Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State or local) terminated for cause or default. b. Where the prospective participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. 2. Instructions for Certification - Lower Tier Participants: (Applicable to all subcontracts, purchase orders and other lower tier transactions requiring prior FHWA approval or estimated to cost $25,000 or more - 2 CFR Parts 180 and 1200) a. By signing and submitting this proposal, the prospective lower tier is providing the certification set out below. b. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department, or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. c. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous by reason of changed circumstances. d. The terms "covered transaction," "debarred," "suspended," "ineligible," "participant," "person," "principal," and "voluntarily excluded," as used in this clause, are defined in 2 CFR Parts 180 and 1200. You may contact the person to which this proposal is submitted for assistance in obtaining a copy of those regulations. “First Tier Covered Transactions” refers to any covered transaction between a grantee or subgrantee of Federal funds and a participant (such as the prime or general contract). “Lower Tier Covered Transactions” refers to any covered transaction under a First Tier Covered Transaction (such as subcontracts). “First Tier Participant” refers to the participant who has entered into a covered transaction with a grantee or subgrantee of Federal funds (such as the prime or general contractor). “Lower Tier Participant” refers any participant who has entered into a covered transaction with a First Tier Participant or other Lower Tier Participants (such as subcontractors and suppliers). e. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated. f. The prospective lower tier participant further agrees by submitting this proposal that it will include this clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions exceeding the $25,000 threshold. g. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any lower tier prospective participants, each participant may, but is not required to, check the Excluded Parties List System website (https://www.epls.gov/), which is compiled by the General Services Administration. h. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. i. Except for transactions authorized under paragraph e of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the 46 department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. * * * * * Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion--Lower Tier Participants: 1. The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency. 2. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. * * * * * XI. CERTIFICATION REGARDING USE OF CONTRACT FUNDS FOR LOBBYING This provision is applicable to all Federal-aid construction contracts and to all related subcontracts which exceed $100,000 (49 CFR 20). 1. The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: a. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. b. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 2. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. 1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. 3. The prospective participant also agrees by submitting its bid or proposal that the participant shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such recipients shall certify and disclose accordingly. 47 ATTACHMENT A - EMPLOYMENT AND MATERIALS PREFERENCE FOR APPALACHIAN DEVELOPMENT HIGHWAY SYSTEM OR APPALACHIAN LOCAL ACCESS ROAD CONTRACTS This provision is applicable to all Federal-aid projects funded under the Appalachian Regional Development Act of 1965. 1. During the performance of this contract, the contractor undertaking to do work which is, or reasonably may be, done as on-site work, shall give preference to qualified persons who regularly reside in the labor area as designated by the DOL wherein the contract work is situated, or the subregion, or the Appalachian counties of the State wherein the contract work is situated, except: a. To the extent that qualified persons regularly residing in the area are not available. b. For the reasonable needs of the contractor to employ supervisory or specially experienced personnel necessary to assure an efficient execution of the contract work. c. For the obligation of the contractor to offer employment to present or former employees as the result of a lawful collective bargaining contract, provided that the number of nonresident persons employed under this subparagraph (1c) shall not exceed 20 percent of the total number of employees employed by the contractor on the contract work, except as provided in subparagraph (4) below. 2. The contractor shall place a job order with the State Employment Service indicating (a) the classifications of the laborers, mechanics and other employees required to perform the contract work, (b) the number of employees required in each classification, (c) the date on which the participant estimates such employees will be required, and (d) any other pertinent information required by the State Employment Service to complete the job order form. The job order may be placed with the State Employment Service in writing or by telephone. If during the course of the contract work, the information submitted by the contractor in the original job order is substantially modified, the participant shall promptly notify the State Employment Service. 3. The contractor shall give full consideration to all qualified job applicants referred to him by the State Employment Service. The contractor is not required to grant employment to any job applicants who, in his opinion, are not qualified to perform the classification of work required. 4. If, within one week following the placing of a job order by the contractor with the State Employment Service, the State Employment Service is unable to refer any qualified job applicants to the contractor, or less than the number requested, the State Employment Service will forward a certificate to the contractor indicating the unavailability of applicants. Such certificate shall be made a part of the contractor's permanent project records. Upon receipt of this certificate, the contractor may employ persons who do not normally reside in the labor area to fill positions covered by the certificate, notwithstanding the provisions of subparagraph (1c) above. 5. The provisions of 23 CFR 633.207(e) allow the contracting agency to provide a contractual preference for the use of mineral resource materials native to the Appalachian region. 6. The contractor shall include the provisions of Sections 1 through 4 of this Attachment A in every subcontract for work which is, or reasonably may be, done as on-site work. 48 First Use Date: October 18, 2013 SPECIAL PROVISION Required Contract Provisions Federal-Aid Construction Contracts 1. Subsection I.4 Selection of Labor; Delete the last sentence in the paragraph. 2. Subsections IV Davis Bacon and Related Act Provisions; Delete the first paragraph in its entirety and substitute the following: “This section is applicable to all Federal-aid construction projects exceeding $2,000 and to all related subcontracts. The requirements apply to all projects located within the right- of- way of a roadway.” 49 GEORGIA DEPARTMENT OF TRANSPORTATION REQUIRED CONTRACT PROVISIONS, FEDERAL-AID HIGHWAY PROGRAM EFFECTIVE FEBRUARY 15, 2016 The Cargo Preference Act (CPA) establishes certain requirements for the use of privately owned United States-flag commercial vessels in transporting equipment, materials, and commodities by ocean vessel. Contractors are required to comply with the CPA requirements and 46 CFR 381 and are required to insert the substance of these provisions into any subcontracts issued pursuant to this contract. Cargo Preference Act Requirements All Federal-aid projects shall comply with 46 CFR 381.7 (a)–(b) as follows: (a) Agreement Clauses. Use of United States-flag vessels: (1) Pursuant to Pub. L. 664 (43 U.S.C. 1241(b)) at least 50 percent of any equipment, materials or commodities procured, contracted for or otherwise obtained with funds granted, guaranteed, loaned, or advanced by the U.S. Government under this agreement, and which may be transported by ocean vessel, shall be transported on privately owned United States- flag commercial vessels, if available. (2) Within 20 days following the date of loading for shipments originating within the United States or within 30 working days following the date of loading for shipments originating outside the United States, a legible copy of a rated, ‘on-board’ commercial ocean bill-of- lading in English for each shipment of cargo described in paragraph (a)(1) of this section shall be furnished to both the Contracting Officer (through the prime contractor in the case of subcontractor bills-of-lading) and to the Division of National Cargo, Office of Market Development, Maritime Administration, Washington, DC 20590. (b) Contractor and Subcontractor Clauses. Use of United States-flag vessels: The contractor agrees— (1) To utilize privately owned United States-flag commercial vessels to ship at least 50 percent of the Gross tonnage (computed separately for dry bulk carriers, dry cargo liners, and tankers) involved, whenever shipping any equipment, material, or commodities pursuant to this contract, to the extent such vessels are available at fair and reasonable rates for United States-flag commercial vessels. (2) To furnish within 20 days following the date of loading for shipments originating within the United States or within 30 working days following the date of loading for shipments originating outside the United States, a legible copy of a rated, ‘on-board’ commercial ocean bill-of-lading in English for each shipment of cargo described in paragraph (b) (1) of this 50 section to both the Contracting Officer (through the prime contractor in the case of subcontractor bills-of-lading) and to the Division of National Cargo, Office of Market Development, Maritime Administration, Washington, DC 20590. (3) To insert the substance of the provisions of this clause in all subcontracts issued pursuant to this contract. The CPA requirements would be appropriate for oceanic shipments of materials or equipment that is intended for use on a specific Federal-aid project, such as a precast concrete structural members, fabricated structural steel, tunnel boring machines, or large-capacity cranes. The CPA requirements are not applicable for goods or materials that come into inventories independent of an FHWA funded-contract. For example, the requirements would not apply to shipments of Portland cement, asphalt cement, or aggregates, as industry suppliers and contractors use these materials to replenish existing inventories. In general, most of the materials used for highway construction originate from existing inventories and are not acquired solely for a specific Federal-aid project. A test for whether CPA requirements apply or do not apply to shipped goods or materials would be if the goods or materials are what one would consider to be common inventory supplies for highway construction contractor, then CPA would not apply. If the materials or goods are considered to be supplies one would consider to be not common supplies of a highway construction contractor then CPA would apply. M, M-1LT0!�q111"* ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: May 4, 2017 FROM: Steven Krokoff, City Manager o AGENDA ITEM: Proclamation Recognizing Memorial Day 2017. MEETING DATE: Monday, May 15, 2017 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (,APPROVED (J NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: () YES (.ANO CITY ATTORNEY REVIEW REQUIRED: () YES (/NO APPROVAL BY CITY ATTORNEY: () APPROVED (J NOT APPROVED PLACED ON AGENDA FOR: os7iy�2° 2006 Heritage Walk Milton, GA P: 678.242.2500 1 F: 678.242.2499 info@cityofmiltonga.us I www.cityofmiltonga.us 0000 Memorial Day WHEREAS, Memorial Day was first officially proclaimed on May 5, 1868 by General John Logan in his General order Number 11, and in 1968, by act of Congress, it was determined that the holiday would be observed on the last Monday in May; and WHEREAS, from the opening battles of the American Revolution through the turmoil of the Civil War, to World War I, World War II, Korea, and Vietnam, to the Persian Gulf and today’s operations in the war on terror in Afghanistan, Iraq, and all around the world, the members of our military have built a tradition of h onorable and faithful service; and WHEREAS, as we observe Memorial Day, we remember the more than one million Americans who have died to preserve our freedom, the more than 140,000 citi zens who were prisoners of war, and all those who were declared missing in action. We also honor our veterans for their dedication to America and their sacrifice; and WHEREAS, we have honor and privileges of living in a free count ry, and Georgia has a rich history of great leaders who died fighting for our great nation. Today, all who wear the uniform of the United States are serving at a crucial hour in history, and each has answered a great call to serve our nation on the front lines of freedom. Let us pray for the safety and strength of our troops, and for God’s blessing on them and their families, and for those who have lost loved ones; and WHEREAS, on this Memorial Day, we honor our fallen soldiers, and their commitment to our country and their legacy of patriotism and sacrifices of many men and women who answered the nation’s call to duty and fought with honor and valor and, in the end, gave the ultimate sacrifice to safeguard the rights of all Americans; and WHEREAS, by giving their lives in this cause of freedom, these heroes have protected and inspired all Americans and we are truly grateful for the ir sacrifice; and WHEREAS, the citizens of Milton join with people across the nation in remembrance of those who died while courageously serving their country during war. NOW, THEREFORE, we, the Mayor and City Council of the City of Milton, Georgia hereby dedicate and proclaim Monday, May 29, 2017 as Memorial Day in the City of Milton and call this observance to the attention of all of our citizens. Given under my hand and seal of the City of Milton, Georgia on this 15th Day of May, 2017. _________________________________ Joe Lockwood, Mayor TO: FROM: MILTON'k ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM City Council DATE: May 4, 2017 Steven Krokoff, City Manager �9 AGENDA ITEM: Consideration of T17-02/VC17-04 - 12910 Highway 9 by Pinnacle Towers, LLC - To Remove Existing 180 Foot Wireless Communications Tower and Replace with a New 180 Foot Wireless Communication Tower and Shift 14 Feet to the North and Request Variance to Reduce Tower Setback from 270 Feet to 165 Feet [Section 54-6(d)(2)]. MEETING DATE: Monday, May 15, 2017 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (.APPROVED (J NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: () YES (,,)'NO CITY ATTORNEY REVIEW REQUIRED: () YES (/N0 APPROVAL BY CITY ATTORNEY: () APPROVED (J NOT APPROVED PLACED ON AGENDA FOR: os7is?Z"11 2006 Heritage Walk Milton, GA P: 678.242.25001 F: 678.242.2499 0000 info@cityofmiltonga.us I www.cityofmiltonga.us DO Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on June 5, 2017 (First Presentation on May 15, 2017) 5/11/2017 Page 1 of 10 T17-02/VC17-04 PETITION NUMBER: T17-02 (Modification) /VC17-04 PROPERTY INFORMATION: ADDRESS 12910 Hwy 9 DISTRICT, LAND LOT 2/2 1048 EXISTING ZONING T-5 (Transect Zone) – Deerfield Form Based Code ACRES 1.491 EXISTING USE Staton Heating & Air Conditioning and Existing 180 foot Monopole communications tower REQUESTED MODIFICATION: Remove existing 180 foot wireless communications tower and replace with a new 180 foot wireless communication tower and shift the replacement tower 40 feet to the north. REQUESTED CONCURRENT VARIANCE: To reduce the tower setback from 270 feet to 165 feet (Sec. 54-6(d)(2)). PETITIONER: Pinnacle Towers LLC – Heather Wasnick 2000 Corporate Drive Canononsburg, PA 15317 OWNER: Staton Heating and Air 12910 Hwy 9 Milton, GA 30004 ATTORTNEY: Ellen W. Smith Holt Ney Zatcoff & Wasserman, LLP 100 Galleria Parkway, Suite 1800 Atlanta, GA 30339 Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on June 5, 2017 (First Presentation on May 15, 2017) 5/11/2017 Page 2 of 10 T17-02/VC17-04 LOCATION MAP Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on June 5, 2017 (First Presentation on May 15, 2017) 5/11/2017 Page 3 of 10 T17-02/VC17-04 ZONING MAP Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on June 5, 2017 (First Presentation on May 15, 2017) 5/11/2017 Page 4 of 10 T17-02/VC17-04 SITE PLAN SUBMITTED ON APRIL 21, 2017 Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on June 5, 2017 (First Presentation on May 15, 2017) 5/11/2017 Page 5 of 10 T17-02/VC17-04 AERIAL OF SITE Existing Tower Proposed Location Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on June 5, 2017 (First Presentation on May 15, 2017) 5/11/2017 Page 6 of 10 T17-02/VC17-04 ELEVATION OF TOWER EXISTING AND PROPOSED Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on June 5, 2017 (First Presentation on May 15, 2017) 5/11/2017 Page 7 of 10 T17-02/VC17-04 STAFF ANALYSIS: Background: The subject site is approximately 1.49 acres in size and fronts on SR 9, currently zoned T -5 (Transect Zone). Since the early 1990’s, the property has been owned and used by Staton Heating & Air Conditioning for its offices, and since the late 1990s the existing telecommunications facility has been located on an approximately 0.11 acre portion of the property. This existing facility was permitted more than a decade ago prior to the incorporation of the City of Milton. The existing facility currently supports four wireless carriers: Sprint, T-Mobile, Verizon, and AT&T Mobility. Crown Castle owns and manages the Facility, pursuant to a ground lease agreement with the property owner. Staff notes that the Mayor and City Council amended Chapter 54, Telecommunication in July of 2013 to allow for modifications of existing towers in certain limited circumstances which include: “The removal and replacement of a pre-existing tower with a tower at the same location that may be up to 30% taller so long as any such structure height increase does not trigger FAA lighting requirements.” In addition, Sec. 54-7(a)(2) of the Telecommunications Ordinance provides that concurrent variance requests are appropriate. The applicant is also requesting a concurrent variance as discussed below. This is the third request for modification of a telecommunications facility with concurrent variances that has been before the Mayor and City Council for their Consideration. The previous two facilities were located at 300 Batesville Road and at 13700 Hwy 9 . Modification Request: Crown Castle is seeking to remove the existing tower and replace it with a new facility that is the same height and remains within the existing leased area. To ensure that there is as little interruption to service from the existing facility, the new or modified facility will be constructed approximately 40 feet from the existing facility and the carriers will be relocated one by one from the existing to the modified facility before Crown Castle decommissions the existing facility. Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on June 5, 2017 (First Presentation on May 15, 2017) 5/11/2017 Page 8 of 10 T17-02/VC17-04 Concurrent Variance Request: Staff notes that the proposed modification would be acceptable for expedited review and immediate building permit with the exception that the facility does not meet the setback requirement for the newly located facility. Therefore, the applicant has requested the following concurrent variance below: To reduce the tower setback from 270 feet to 165 feet (Sec. 54-6(d)(2)). The setback is required to be 1.5 times the tower height and therefore, the request is to reduce it from 270 feet to 165 feet. The modified facility (165 feet from the rear property line) will be approximately 15 feet closer to the rear property line than the existing facility (179.2 feet from centerline of the existing facility to the property line). The tract immediately to the rear or north of the property is residentially used and is zoned T-4 Open. The applicant seeks to reduce the required tower setback outlined in Sec. 54-6(d)(2) from 270 feet (tower height plus 50%) to 165 feet. The facility meets all other requirements of the Telecommunications Ordinance. Staff notes that although this is a concurrent variance request per Chapter 54, Telecommunications, it is not required to show “hardship” but only to meet the procedural requirements of the Georgia Zoning Procedures Law which addresses advertising and public hearing requirements for the application. The Telecommunications ordinance allows the applicant to request a modification that will allow separate wireless carriers to collocate on the facility and that the collocation would negate the need for a new facility in this area. Nevertheless, the applicant’s letter of intent states the following in accordance with the Application form requirements as follows: 1) Relief, if granted in the form of approving the modification and concurrent variances, would further (not offend) the spirit and intent of the Wireless Ordinance. Specifically, approval of this Application serves a number of stated purposes of the Wireless Ordinance including, among others, minimizing the total number of towers and antennas within the City, promoting the joint use of existing tower sites among service providers, and enhancing the ability of providers of wireless communications services to deliver services to the community effectively and efficiently. See Wireless Ordinance Sec. 54-1(1), (8), and (9). 2) There are extraordinary and exceptional conditions pertaining to the Property, the Site and Existing Facility such that literal or strict application of the Ordinance would create an unnecessary hardship due to size and shape of the Property and caused by the existing Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on June 5, 2017 (First Presentation on May 15, 2017) 5/11/2017 Page 9 of 10 T17-02/VC17-04 location and design of the Existing Facility that do not result from Castle’s application. Most importantly, the structural integrity of the Existing Facility prohibit further modification. 3) Relief, if granted, would not cause a substantial detriment to the public good or surrounding properties particularly because the Existing Facility has operated, with the existing setbacks and landscaping for a number of years. The modification to allow the Modified Facility will have no detrimental impact on any surrounding property owner; instead, it will allow the four existing carriers to continue to serve their customers working, traveling and going to school in this surrounding area. 4) By approving this Application, public safety, health and welf are are secured, and substantial justice will be done. Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on June 5, 2017 (First Presentation on May 15, 2017) 5/11/2017 Page 10 of 10 T17-02/VC17-04 Recommended Conditions: Should the Mayor and City Council choose to approve the application, Staff recommends the following conditions(s): 1. The maximum height of the facility shall be 180 feet. Said facility shall be a “monopole” in appearance. 2. The total leased area shall remain in the same location and size of approximately 0.11 acre. 3. To provide a tower setback of 165 feet from the centerline of the wireless facility to the north property line as shown on the Site Plan submitted on April 21, 2017. (Sec. 54- 6(d)(2), VC17-04) Page 1 of 3 ORDINANCE NO. PETITION NO. T17-02/VC17-04 STATE OF GEORGIA COUNTY OF FULTON AN ORDINANCE TO APPROVE A MODIFICATION TO AN EXISTING WIRELESS TELECOMMUNICATIONS TOWER LOCATED AT 12910 HWY 9 TO REMOVE AN EXISTING MONOPOLE TELECOMMUNICATIONS TOWER (180 FEET) AND REPLACE IT WITH AN 180 FOOT MONOPOLE TELECOMMUNICATIONS TOWER APPROXIMATELY 40 FEET TO THE WEST WITHIN THE EXISTING LEASED AREA AND TO APPROVE A CONCURRENT VARIANCE AS PERMITTED IN SEC. 54-7(a)(2) OF THE CITY OF MILTON ORDINANCES. BE IT ORDAINED by the City Council for the City of Milton, Georgia while in regular session on June 5, 2017 at 6:00 p.m. as follows: SECTION 1. That the modification to the existing wireless telecommunications tower located at 12910 Hwy 9 and the concurrent variance is hereby adopted and approved; and is attached hereto as if fully set forth herein, and; SECTION 2. That all ordinances or part of ordinances in conflict with the terms of this ordinance are hereby repealed; and SECTION 4. This Ordinance shall become effective upon adoption by the Mayor and City Council and the signature of approval of the Mayor. ORDAINED this 5th Day of June, 2017. Approved: ______________________ Joe Lockwood, Mayor Attest: ___________________________ Sudie Gordon, City Clerk (Seal) Page 2 of 3 RECOMMENDED CONDITIONS FOR T17-02/VC17-04 Should the Mayor and City Council choose to approve the application, Staff recommends the following conditions(s): 1. The maximum height of the facility shall be 180 feet. Said facility shall be a “monopole” in appearance. 2. The total leased area shall remain in the same location and size of approximately 0.11 acre. 3. To provide a tower setback of 165 feet from the centerline of the wireless facility to the north property line as shown on the Site Plan submitted on April 21, 2017. (Sec. 54-6(d)(2), VC17-04) Page 3 of 3 SITE PLAN SUBMITTED ON APRIL 21, 2017 l LTO r\j"r ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: M 4, 2017 FROM: Steven Krokoff, City Manager AGENDA ITEM: Consideration of An Ordinance Amending Ordinance No. 17- 04-307, Creating the Milton Greenspace Advisory Committee (MGAC) [Membership Number]. MEETING DATE: Monday, May 15, 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: OYES () NO CITY ATTORNEY REVIEW REQUIRED: (4 -YES () NO APPROVAL BY CITY ATTORNEY: (KPPROVED (J NOT APPROVED PLACED ON AGENDA FOR: o -20i7 2006 Heritage Walk Milton, GA P: 678.242.25001 F: 678.242.2499 0000 info@cityofmiltonga.us I www.cityofmiltonga.us I Page 1 of 4 STATE OF GEORGIA ORDINANCE NO. 17-04-307 COUNTY OF FULTON AN ORDINANCE CREATING THE MILTON GREENSPACE ADVISORY COMMITTEE (MGAC) WHEREAS, on August 15, 2016 the Mayor and City Council for the City of Milton (the “City”) resolved that it and any other committee, commission or other designated advisory group over which the City Council has control or influence would consider certain criteria and factors that were identified in the August 15 Resolution in land acquisition decisions made with the proposed general obligation bond funds of up to $25 million in aggregate principal amount; and WHEREAS, on November 21, 2016 the City resolved to authorize the issuance of said bonds, subject to the affirmative ratification by a majority of the qualified voters voting in the November 8, 2016 Election; and WHEREAS, the ballot title for the proposed bonds was “Conservation Land, Wildlife Habitat, Natural Area, and Trails Bond;” WHEREAS, the purpose of the proposed bond funding was to “acquire conservation land and interests in conservation land for the purposes of providing recreational trails, protecting natural areas and wildlife habitat, preserving agriculture land, protecting the water qualify of rivers and streams and providing parks and park improvements;” WHEREAS, the November 8, 2016 bond referendum was successful; WHEREAS, for purposes of this Ordinance, the bond will be referenced as the “Greenspace Bond,” WHEREAS, the City of Milton has deemed it advisable and in the best interests of the citizens of the City of Milton to create a Greenspace Advisory Committee to participate in the greenspace land selection and acquisition process in conjunction with City Council and staff, to facilitate achievement of the objectives of the Greenspace Bond goals, to establish policies and procedures to govern the committee, and to assist City Council and staff, on an as needed basis, with the financial oversight of the Greenspace Bond funds in relation to the land acquisition program; and WHEREAS, the City has determined that it would also be in the best interests of the citizens of Milton for the City Council to select the members of the Greenspace Advisory Committee through an open application process; NOW THEREFORE THE MILTON CITY COUNCIL HEREBY ORDAINS that: 1. Creation. There is hereby created the Milton Greenspace Advisory Committee (“MGAC”) whose mission and purpose shall be to, “participate in the greenspace land Page 2 of 4 selection and acquisition process in conjunction with City Council and staff, to facilitate achievement of the objectives of the Greenspace Bond goals, to establish policies and procedures to govern the committee, and to assist City Council and staff, on an as needed basis, with the financial oversight of the Greenspace Bond funds in relation to the land acquisition program” In addition, the MGAC shall use and consider certain criteria and factors in land acquisition decisions as resolved by the City Council Resolution No. 16-08- 379, dated August 15, 2016 and pursuant to the Greenspace Bond referendum ballot language approved by the majority of Milton voters voting in the November 8, 2016 election. MGAC is created via Ordinance, and is therefore not subject to certain of the requirements of Section 4.11 of the Milton Charter (See, City Charter, Section 4.11(b)), to specifically include the size limitations and appointment process requirements. 2. Membership. MGAC shall consist of the following: a. _____________Seven members [to be determined following staff review of citizen applications]appointed by the Mayor and City Council; b. A quorum for the conduct of business shall be (1) if membership is an odd number, a number that is one-half of the appointed membership rounded to the next whole number (i.e., if a seven-member committee, a quorum shall be four); or (2) if membership is an even number, a number that is one-half of the appointed membership plus one (i.e., if a ten-member committee, a quorum shall be six); c. Recommendations as to MGAC members shall be received based upon an open nomination process by Milton citizens; d. City staff shall review the pool of citizen applicants and shall undertake a culling process with due consideration given to the public policy objectives and considerations of the green space bond and as otherwise referenced in this Ordinance; and, following that culling process City staff shall submit to the Council a recommended list of qualified citizens. The City Council shall take that list of qualified citizens under advisement and from that list formulate a proposed MGAC membership panel. The City Council shall then make a motion to approve the entire membership panel in a single vote during an open meeting of the Council. Because formulation of the proposed MGAC membership panel entails deliberations and discussions on the appointment of prospective City officials and officers, discussions as to those MGAC members to be appointed may occur in closed session. No vote of any kind regarding appointment will occur in closed session; e. The slate of MGAC members must be approved by a majority vote of the Council before commencing service; f. Each MGAC member must swear an oath prior to commencement of service; g. MGAC members must be at least 21 years old; h. MGAC members are not required to reside in any specific Council district, but must be residents of Milton, Georgia with at least one member from each district and all geographic areas of the City represented as best as possible; i. MGAC members, following appointment and swearing, shall be subject to the City of Milton Ethics Code, and shall be considered “City officials” or “City Page 3 of 4 officers” under Section 2-798 of the Milton Code (defining a City officer as “any member of a board, commission, or authority appointed by the council, the city manager, and any other…appointed officer of the City of Milton”); j. The City Council may consider appointments to MGAC in executive session, as MGAC members are declared City officials or City officers. Any vote regarding appointment shall occur in open session; k. The City Council may remove a MGAC member, for convenience, upon majority vote of the Council; l. MGAC shall be subject to the State of Georgia Open Meetings Act, O.C.G.A. 50-14-1, et. seq, which necessarily includes the right to enter into closed or executive session to discuss the potential acquisition of land; m. No City Council member shall enter into any closed or executive session of MGAC unless the executive session is a duly called joint executive session of MGAC and the City Council. MGAC shall determine who is needed in executive session to properly conduct such meeting in a matter that is both effective and otherwise in conformance with the Open Meetings Act; n. A MGAC member that misses more than three (3) consecutive MGAC meetings, absent extenuating circumstances, shall be deemed automatically removed from MGAC and the City Council shall forthwith nominate and approve a replacement member. Any such replacement member shall fulfill the remainder of the term of the member so removed and shall be entitled to all rights and privileges of any other MGAC member. Section 2-157(c) of the Milton City Code shall also be binding on MGAC; and, o. The City Council shall retain the discretion, but not obligation, to authorize a per diem payment to MGAC for meeting attendance. Any such authorization must be approved by Resolution approved by the City Council. This authorization for compensation, set forth during the creation of the MGAC, is intended to fulfill the mandate of Section 2-160 of the Milton City Code. 3. Governance. MGAC members shall select officers and may draft and adopt by laws. In the event that no MGAC-specific by laws or internal rules of procedure are adopted, MGAC shall be subject to the City Council’s adopted internal rules of procedure. Members may be required to sign confidentiality agreements relating to proposed land transactions that are to be considered for acquisition by the City. Members must also be able to fulfill the time commitment required to serve on the MGAC. Members must be willing to agree with the goals of the Milton Greenspace Bond program and work towards achieving those goals for the best interests of the Milton community as a whole. Members of the MGAC shall undertake their respective duties in a volunteer capacity and shall not be compensated for any time or expenses associated with any assignment or function with respect to the MGAC, except for a potential per diem as set forth in Section 2(o). 4. Term. The initial term for MGAC members shall be randomly assigned by City staff, with one-half of the members having four (4) year terms, and the remaining members having three (3) year terms. Initial members shall be advised of their term. Following the initial term, upon reappointment or selection of a new member to fill an expired term, each Page 4 of 4 member of MGAC shall thereafter have a four (4) year term. Upon the expiration of a MGAC member’s term, members shall continue to serve until a replacement is chosen. Replacement shall be undertaken using the same methodology identified in Section 2(d) and (e). Members may be appointed to serve an unlimited number of terms. Should any member of MGAC be unable to fulfill their duties for any reason, and following removal by the City Council, a mid-term replacement shall be appointed using the same methodology identified in Sections 2(d) and (e). 5. Conduct of Business. MGAC shall meet at regular intervals as necessary to perform the tasks and duties associated with MGAC’s mission, including recommending actions to the city staff or Mayor and City Council. MGAC may establish and appoint representatives to as many committees and sub-committees as are determined to be necessary for the accomplishment of MGAC’s mission. 6. Volunteer Members. MGAC shall be authorized to utilize community volunteers to assist in accomplishing MGAC’s mission. Such volunteers shall not be considered MGAC members, but will function as liaisons to receive, disseminate, and provide information by and between the community and MGAC regarding the strategy, plans, and progress of implementing the Milton Greenspace bond program. 7. Staff. Staff of the City of Milton may attend the meetings of the MGAC but shall serve in no official capacity. City staff may assist the MGAC members in the fulfillment of the committee’s work. 8. Logo. MGAC may adopt an official logo for the MGAC. The public health, safety, and welfare demanding it. SO ORDAINED, this 105th day of JuneApril, 2017. _______________________________ Mayor, Joe Lockwood Attest: __________________________ Sudie AM Gordon, City Clerk MILTONI� ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: Ma 9, 2017 FROM: Steven Krokoff, City Manager AGENDA ITEM: Consideration of an Ordinance to Amend Appendix A, Parks and Recreation Fees and Other Charges, Chapter 34, Section 24 of the Milton City Code. MEETING DATE: Monday, May 15, 2017 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: („KAPPROVED (J NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: (�'ES () NO CITY ATTORNEY REVIEW REQUIRED: (wKYES () NO APPROVAL BY CITY ATTORNEY: (.)"A' PPROVED (J NOT APPROVED PLACED ON AGENDA FOR: oS7+S/2a7 2006 Heritage Walk Milton, GA 0000 P: 678.242.25001 F: 678.242.2499 info@cityofmiltonga.us I www.cityofmiltonga.us To: Honorable Mayor and City Council Members From: Jim Cregge, Director of Parks and Recreation Date: Submitted on 05/09/2017 for the 05/15/2017 Regular Council Meeting Agenda Item: Consideration of an Ordinance to Amend Appendix A, Parks and Recreation Fees and Other Charges, Chapter 34, Section 24 of The Milton City Code ____________________________________________________________________________ Department Recommendation: Staff is recommending the Adoption of the Amendment to Appendix A, Parks and Recreation Fees and Other Charges, Chapter 34, Section 24 of The Milton City Code Executive Summary: The City of Milton Parks and Recreation Department Fee Schedule was last reviewed two years ago. Since that time, changes in facilities that are available for rent have occurred which calls for an update to the schedule. The Fee Schedule now includes Community Place and the Deerfield Court Room. The Conference Room at Bell Memorial Park has been deleted as a rentable facility. In addition, fees, security deposits and minimum rental periods have been altered to adjust to market pricing and citizen feedback. Also included is the ability to rent out field space at the schools where we have IGA agreements in place. Removed from the fee schedule is a 20% additional fee for rental to a Milton based business. The entire fee schedule was reviewed by the Parks and Recreation Advisory Board and they voted unanimously to recommend approval of this fee schedule. Funding and Fiscal Impact: The adoption of this resolution increases the number of facilities that are available for rental and is projected to modestly increase the rental revenue to the City. Alternatives: If this policy is not adopted, our alternative is to communicate the council’s input and return to the PRAB to revise the policy. Legal Review: Jeff Strickland – Jarrard & Davis, May 3, 2017. Concurrent Review: Steven Krokoff, City Manager Attachment(s): 1) Ordinance – Appendix A Chapter 34 Section 24 2) Chapter 34 - Table of Fees and Charges STATE OF GEORGIA COUTY OF FULTON ORDINANCE NO. AN ORDINANCE TO AMEND APPENDIX A, PARKS AND RECREATION FEES AND OTHER CHARGES, CHAPTER 34, SECTION 24 OF THE MILTON CITY CODE BE IT ORDAINED by the City Council of the City of Milton, GA while in a regularly called council meeting on May 15, 2017 at 6:00 p.m. does hereby ratify and approve the following Ordinance: SECTION 1. Pursuant to that authorization in Chapter 34, Section 24 of the Milton Code, Appendix A of the Milton Code is hereby amended to include a table of fees and charges that may be assessed and collected for access and use of City-owned or controlled parks, recreational fields and cultural amenities, with the schedule of said fees and charges as set forth in Exhibit A to this Ordinance. SECTION 2. All ordinances, parts of ordinances, or regulations in conflict herewith are repealed. SECTION 3. That this Ordinance shall become effective upon its adoption. ORDAINED this the 15th day of May, 2017. ____________________________________ Joe Lockwood, Mayor Attest: ______________________________ Sudie AM Gordon, City Clerk (Seal) APPENDIX A 34-24 (a) (1)Diamond field rental rates at Bell Memorial Park or IGA fields - Milton Citizen Rate $25.00 per hour 34-24 (a) (2)Diamond field rental rates at Bell Memorial Park or IGA fields - Milton Citizen Rate $37.50 per hour 34-24 (a) (3)Diamond field rental rates at Bell Memorial Park or IGA fields - Milton Citizen Rate $75.00 34-24 (a) (4)Diamond field rental rates at Bell Memorial Park or IGA fields - Milton Citizen Rate $100.00 34-24 (a) (5)Diamond field rental rates at Bell Memorial Park or IGA fields - Milton Citizen Rate $500.00 34-24 (b) (1)Rectangular Artificial Turf Fields at Bell Memorial Park - Milton Citizen Rate $75.00 per hour 34-24 (b) (2)Rectangular Artificial Turf Fields at Bell Memorial Park - Milton Citizen Rate $100 per hour 34-24 (b) (3)Rectangular Artificial Turf Fields at Bell Memorial Park - Milton Citizen Rate $100.00 34-24 (b) (4)Rectangular Artificial Turf Fields at Bell Memorial Park - Milton Citizen Rate Determined on am individual case basis, limited to the cost to the City. 34-24 (c) (1)Rectangular Natural Turf Fields at IGA Fields - Milton Citizen Rate $25.00 per hour 34-24 (c) (2)Rectangular Natural Turf Fields at IGA Fields - Milton Citizen Rate $100.00 34-24 (d) (1)Facility rental rates at Bethwell Community Center - Milton Citizen Rate $50.00 per hour 34-24 (d) (2)Facility rental rates at Bethwell Community Center - Milton Citizen Rate $50.00 34-24 (e) (1)Facility rental rates at Deerfield Court Room - Milton Citizen Rate $50.00 per hour 34-24 (e) (2)Facility rental rates at Deerfield Court Room - Milton Citizen Rate $100.00 34-24 (f) (1)Facility rental rates at Community Place - Milton Citizen Rate $50.00 per hour 34-24 (f) (2)Facility rental rates at Community Place - Milton Citizen Rate $200.00 34-24 (g)Facility rental rates at Friendship Community Park Pavilion Only - Milton Citizen Rate $10.00 per hour 34-24 (h) (1)Facility rental rates at Broadwell Pavilion Only - Milton Citizen Rate $50.00 per hour 34-24 (h) (2)Facility rental rates at Broadwell Pavilion Only - Milton Citizen Rate $350.00 34-24 (h) (3)Facility rental rates at Broadwell Pavilion Only - Milton Citizen Rate $100.00 34-24 (i) (1)Camp Joyful Soles $175.00 Chapter 34 -- Parks, Recreation and Cultural Affairs One Field without lights, two hour minimum rental Refundable Security Deposit Rentals offered in a minimum of two hours Rentals offered with lights and fan in a minimum of two hours Refundable Security Deposit Refundable Personal Gas Grill Use Deposit One Field without lights, two hour minimum rental One Field with lights, two hour minimum rental Rentals offered in a minimum of two hours Rentals offered in a minimum of two hours Registration Fee per week Field preparation - dragging and lining Refundable Security Deposit Refundable Security Deposit Rentals offered in a minimum of two hours For a Special Event for a Day One Field without lights, two hour minimum rental One Field with lights, two hour minimum rental Refundable Security Deposit Other services; i.e. field lining , etc. Refundable Security Deposit Refundable Security Deposit APPENDIX A 34-24 (i) (2)Camp Joyful Soles $50.00 34-24 (j)Administrative Fee $15.00 34-24 (k)Employee Discount 50% off of the City of Milton Resident rate 34-24 (l)Non-Resident Rate 50% increase over City of Milton Resident rate 34-24 (m)Independent Contractor Commissions No less than 10% and no more than 30%At the discretion of the Parks ands Recreation Director based upon services provided and fees charged City of Milton employees may receive a discount on City of Milton directly offered programs (Does not apply to programs offered through Independent Contractors) Non-refundable, Non-transferable Deposit per week Approved Refunds/Cancellations Applies to all individuals and businesses not based in Milton MILTON'lt ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: ay 11, 2017 FROM: Steven Krokoff, City Manage AGENDA ITEM: Consideration of An Ordinance of the City of Milton, Georgia to Amend Appendix A Related to Chapter 4, Alcoholic Beverages of the Code of the City of Milton, Georgia MEETING DATE: Monday, May 15, 2017 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (41APPROVED (J NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: (�'fES () NO CITY ATTORNEY REVIEW REQUIRED: (.4v YES () NO APPROVAL BY CITY ATTORNEY: (.�PPROVED (J NOT APPROVED PLACED ON AGENDA FOR: al'Sho✓? 2006 Heritage Walk Milton, GA P: 678.242.2500 1 F: 678.242.2499 0000 info@cityofmiltonga.us I www.cityofmiltonga.us To: Honorable Mayor and City Council Members From: Sarah LaDart, Economic Development Manager Date: Submitted on May 11, 2017 for the May 15, 2017 Regular City Council Meeting Agenda Item: Consideration of An Ordinance of the City of Milton, Georgia to Amend Appendix A Related to Chapter 4, Alcoholic Beverages of the Code of the City of Milton, Georgia ______________________________________________________________________________ Department Recommendation: Approval. Executive Summary: In correlation with the updated Chapter 4 Alcohol Beverage code, an update to Appendix A was performed. The updates include our new license fees as well as our prorating schedule. Funding and Fiscal Impact: An anticipated increase in revenue as a result of new license applications. Alternatives: None. Legal Review: Molly Esswein, Jarrard & Davis April 27, 2017 Attachment(s): Updated Appendix A Page 1 Appendix A - FEES AND OTHER CHARGES[1] FEES AND OTHER CHARGES Section Description Conditions Amount (in dollars) Chapter 2—Administration 2- 702(c) Public records copying 8(½)×11 inches black and white .10 cents/page 8(½)×11 inches color .25 cents/page 11×17 inches black and white .50 cents/page 11×17 inches color .70 cents/page 2- 702(d) Copies of plats 48×32 inches $9.10/page 24×30 inches $3.60/page 24×34 inches $5.00/page 2- 702(d) Copies of CD, jump drives $15.00/each Chapter 4—Alcoholic Beverages 4-47(g) License fees Retail package Wine $400.00/year Malt beverages (including growlers) $400.00/year Wine and malt beverages $800.00/year Distilled spirits $3,000.00/year Page 2 Wine, malt beverages and distilled spirits $3,800.00/year Consumption on Premises Wine $650.00/year Malt beverages $650.00/year Wine and malt beverages $1,300.00/year Distilled spirits $3,200.00/year Wine, malt beverages and distilled spirits $4,500.00/year Additional bar $1,000.00/year Limited Tap $325.00/year Incidental $100.00/year Bring Your Own Beverage $100.00/year Brown Bagging $100.00/year 4-47 (g) Prorated license fees - Based on the number of months remaining in the calendar year (a partial month equals a whole month). Retail package Wine $33.33/month Page 3 Malt beverages (including growlers) $33.33/month Wine and malt beverages $66.66/month Distilled spirits $250.00/month Wine, malt beverages and distilled spirits $316.66/month Consumption on Premises Wine $54.16/month Malt beverages $54.16/month Wine and malt beverages $108.32/month Distilled spirits $266.66/month Wine, malt beverages and distilled spirits $375.00/month Additional bar $83.33/month Limited Tap $27.08/month Incidental $8.33/month Bring Your Own Beverage $8.33/month Brown Bagging $8.33/month 4-49 Processing fee - administrative $100.00/year 4-49 Processing fee - investigative $60.00/ea/year Page 4 4-52 Publication costs $200.00 4-123 (b) Penalty for sale to underage persons For the first offense A minimum fine of $500.00 4-123 (b) Penalty for sale to underage persons For the second offense in 24- month period A minimum fine of $750.00 4-123 (b) Penalty for sale to underage persons For the third offense in 24-month period A minimum fine of $1,000.00 4-123 (e) Criminal penalties In addition to available actions, violators of chapter could be charged criminal penalties Not to exceed $1,000.00 4-167 (c) Temporary license Included in license fees 4-168 (a) Special event pouring permit For currently licensed consumption on premises establishments (not to exceed 10 days in any one year) $100.00 4-168 (b) Special event pouring permit For non-profit civic organizations (not to exceed 10 days in any one year) $100.00 4-193 (j) Ancillary win e and malt beverage tasting permit $50.00/year 4-222 Specialty gift shops (beer/wine) Flat fee $100.00/year 4-235 (c) Pouring permit Investigative fee $60.00/year 4-235 (J) Pouring permit replacement If within 30 days of original application date, then fee is $7.50. Page 5 If after 30 days of original application, new application and fee must be submitted (see 4-235). 4-254 Brewpub In addition to license fees in section 4-47(g) $250.00/year 4-277 Private clubs See section 4-47 4-297 Hotel and hotel in- room service See section 4-47 4-317 (a) Resident caterer permit For currently licensed consumption on premises or retail package establishments $150.00/year 4-317 (b) Non-resident caterer permit For authorized event $50.00/event 4-337 Special events facility If facility operator serves alcoholic beverages See section 4-47 4-359 Public facilities alcohol permit $50.00/event 4- 380(b)( 1) Farm winery - wholesale $400.00/year 4- 380(b)( 2) Farm winery - retail packages sales $400.00/year 4- 380(b)( 3) Farm winery - consumption on premises $650.00/year Page 6 4-380(i) Farm winery - consumption on premises For distilled spirits, wine and malt beverages not produced on the farm See section 4-47 4- 400(a) Wholesaler license fee Located within the city limits Wine $400.00/year Malt beverages $400.00/year Wine and malt beverages $800.00/year Distilled spirits $3,000.00/year Wine, malt beverages and distilled spirits $3,800.00/year 4- 400(b) Wholesaler license fee Located outside of the city limits Wine $100.00/year Malt beverages $100.00/year Wine and malt beverages $100.00/year Distilled spirits $100.00/year Wine, malt beverages and distilled spirits $100.00/year 4-442 Excise tax on distilled spirits by the drink 3% of the charge to the public for the beverage 4- 465(a) Wholesale excise tax on malt beverages Container types Page 7 When malt beverages are sold in or from a barrel or bulk container $6.00 on each container sold containing not more than 15½ gallons When malt beverages are sold in bottles, cans, or other containers other than barrel or bulk containers $0.05 per 12 ounces and a proportionate tax at the same rate on all fractional parts of 12 ounces 4- 465(b) Wholesale excise tax on wine $0.22 per liter of wine, and a proportionate tax at the same rate on all fractional parts of a liter 4- 465(c) Wholesale excise tax on distilled spirits $0.22 per liter of distilled spirits, and a proportionate tax at the same rate on all fractional parts of a liter 4-487 Excise tax on all beer and malt beverages produced by a brewpub $0.05 per 12 ounces and a proportionate tax at the same rate on all fractional parts of 12 ounces 4-488 Penalty for late excise tax payment on beer and malt beverages produced by brewpub 10% of the tax otherwise due 4- 508(b) Interest on deficiency of 1% per month on the determined deficiency, or fraction thereof Page 8 wholesale or retail excise tax 4- 508(c) Penalty on deficiency due to fraud 25% of the amount required to be paid 4-509 (b) Penalty for failure to file return For any deficiency which is determined to be made due to fraud, or intent to evade this chapter 25% of the amount required to be paid 4-510 (b) Penalty for failure to pay tax Any party who fails to pay the tax herein imposed by the city, or fails to file any required tax return to the city, within the time required 15% of the tax, or amount of the tax and interest, due the city Chapter 8—Animals 8-2(a) Penalty If any person violates the provisions of animals A fine up to the maximum amount provided for by the state law 8-2(b) Penalty If any person violates the provisions as it pertains to a potential dangerous dog No less than $150.00 for a second conviction, and no less than $300.00 for a third conviction 8-2(c) Penalty If any person violates the provisions as it pertains to a dangerous dog No less than $500.00 for a second conviction, and no less than $750.00 for a third conviction 8-2(d) Penalty If the owners of a dangerous or potentially dangerous dog fails to comply with related provision No less than $1,000.00 Page 9 and his or her dog attacks or bites a human 8-2(e) Penalty If the owners of a dangerous or potentially dangerous dog knowingly and willfully fails to comply with related provision and his or her dog attacks and causes severe injury to or the death of a human No less than $5,000.00 8-7(b) Dog/cat vaccination/licens e tag Types of License Number of Years Standard Licensing Fees Unaltered pet 1 year $25.00 3 year $60.00 Spayed/neuter ed pet 1 year $10.00 3 year $25.00 Senior Discount (60+) Unaltered pet 1 year $24.00 3 year $58.00 Spayed/neuter ed pet 1 year $9.00 3 year $23.00 8-7(d) Dog/cat replacement $2.00 Page 10 vaccination/licens e tag 8-8(b) Special permit (kennels) $100.00/year 8-61(d) Dangerous/potenti ally dangerous dog registration $100.00/year 8-61(e) Additional fees for renewing certificate of registration $100.00/year 8- 82(e)(1 ) Impoundment (vaccination) As established by Fulton County Animal Control 8- 82(e)(2 ) Impoundment (license) As established by Fulton County Animal Control 8- 82(e)(3 ) Impoundment fee $35.00 8- 82(e)(4 ) Impoundment (boarding) $10.00/day Chapter 10—Buildings and Building Regulations 10-2 Penalty If any person violates a related provision, or fail to comply therewith, or with any of the requirements thereof Varies Page 11 10- 86(d) Building permit application $25.00 administrative fee + $50.00 certificate of occupancy 10- 92(b) Penalty for work commencing before permit issuance 100% of the usual permit fee in addition to the required permit fees 10- 92(d) Permit fee Permit Fees Based on Valuations Total valuation Value calculation is based on ICC building valuation data published annually as a minimum standard valuation $1.00 to $500.00 $23.50 $501.00 to $2,000.00 $23.50 for the first $500.00 plus $3.50 for each additional $100.00, or fraction thereof, to and including $2,000.00 $2,001.00 to $25,000.00 $69.25 for the first $2,000.00 plus $14.00 for each additional $1,000.00, or fraction thereof, to and including $25,000.00 $25,001.00 to $50,000.00 $391.75 for the first $25,000.00 plus $10.10 for each additional $1,000.00, or fraction Page 12 thereof, to and including $50,000.00 $50,001.00 to $100,000.00 $643.75 for the first $50,000.00 plus $7.00 for each additional $1,000.00, or fraction thereof, to and including $100,000.00 $100,001.00 to $500,000.00 $993.75 for the first $100,000.00 plus $5.60 for each additional $1,000.00, or fraction thereof, to and including $500,000.00 $500,001.00 to $1,000,000.00 $3,233.75 for the first $500,000.00 plus $4.75 for each additional $1,000.00, or fraction thereof, to and including $1,000,000.00 $1,000,001.00 and up $5,608.75 for the first $1,000,000.00 plus $3.65 for each additional $1,000.00, or fraction thereof Chapt er 10 Commercial construction permit fees Type of Permit Includes all listed fees unless otherwise noted New Commercial building from the ground up, new shell commercial structures include schools, hospitals, subdivision clubhouses, etc. $350.00 site $25.00 admin. $50.00 CO permit fee Page 13 Plan review (50% of permit fee amount) $125.00 fire review (up to 5,000 sq. ft.) Tenant finish, interior work on commercial property $25.00 admin. $50.00 CO permit fee Plan review (50% of permit fee amount) $125.00 fire review (up to 5,000 sq. ft.) Construction of sales trailer $100.00 site $25.00 admin. permit fee Cell tower or co-locate $350.00 site $25.00 admin. permit fee Residential construction permit fees New house/townhouse from the ground up $350.00 site $25.00 admin. $50.00 CO permit fee $100.00 plan review (up Page 14 to 5,000 sq. ft.) $200.00 plan review (5,001 to 10,000 sq. ft.) $350.00 plan review (10,001 sq. ft. and up) Basement finish, bathroom or kitchen remodel, house addition $25.00 admin. permit fee $100.00 plan review (up to 5,000 sq. ft.) $200.00 plan review (5,001 to 10,000 sq. ft.) $350.00 plan review (10,001 sq. ft. and up) $350.00 site fee (house addition that extends out from original house frame) Deck addition, pool house, garage, screened porch $100.00 site $25.00 admin. permit fee Pool $100.00 site, $25.00 admin., permit fee—$250.00 flat fee per pool Page 15 Electrical permit Plumbing permit Mechanical permit For commercial also $25.00 admin. permit fee Roof, replacement window, replace shingles, etc. $25.00 admin. $50.00 permit fee Flat fee total of $75.00 Shed, out building $100.00 site $25.00 admin. permit fee Fence $100.00 site $25.00 admin. permit fee Demolition of single-family house Demo of other structures including commercial $25.00 admin. $100.00 permit fee Other Fees Types of Permit Condition Re-inspection Fire re- inspection $50.00 per re-inspection $100.00 per re- inspection Temporary certificate of occupancy Only valid for up to 60 days $200.00 flat fee Page 16 Reinstatement of expired permit 90% complete If permitted work is substantially complete as evidenced by inspection records showing passed framing and meets inspections as applicable to scope of work permitted $100.00 plus any re- inspection fees Reinstatement of expired permit Less than 90% complete If the permitted work is not substantially complete as evidenced by inspection records Renewal fee is one-half (50%) of the permit fee assessed at original building permit issue, but not less than $200.00 Reinstatement of expired permit Not executed No work has been performed as evidence by inspection records Reinstatement amount is full permit fee Chapter 12—Business Regulation and Taxation 12- 23(a) Occupation tax for business and practitioner For business and practitioner subject to the provision Based on the gross receipts 12-23 (b)(1) Flat rate fee for home-based businesses For home-based businesses (limit of one employee) $100.00/year Page 17 12-23 (b)(2) Occupation tax for business For businesses not generating gross receipts at the business location in the city $150.00 plus $7.00 per employee 12-23 (b)(4) Nonrefundable administrative fee (registration processing) $75.00/year 12- 30(a) Flat rate fee or professional occupation tax for professional practitioners For professional practitioners May elect to pay a flat fee of $400.00 (administrative fee included); or may elect to pay occupation tax based on gross receipts plus administrative fee of $75.00 12- 32(a) Penalty for late payment of occupation tax and administrative fees 1. Failure to pay occupation taxes and administrative fees when due; 2. Failure to file an application by March 31 of any calendar year, when the business or pr actitioner was in operation the preceding calendar year; and 3. Failure to register and obtain an occupation tax certificate within 90 days of the commencement of business 10% of the amount owned for each calendar year or portion thereof 12- 32(b) Interest for late payment of occupation tax and administrative fees 1.5% per month for delinquent taxes and fees 12-56 Insurers license fees For each insurer not covered by [section] 12-57 $100.00 each insurer, plus an additional $100.00 per location for Page 18 insurers not covered by [section] 12-57 12-57 Insurers license fees For each separate business location operated and maintained by a business organization which is engaged in the business of lending money or transacting sales involving term financing and in connection with such loans or sales offers, solicits or takes application for insurance through a licensed agent of an insurer for insurance, said insurer shall pay an additional annual lincense fee, for the calendar year 2012 and for each calendar year thereafter, of the greater of $10.00 or 35 percent of the license fee set forth in section 12-56 $100.00 each insurer, plus an additional $35.00 per location 12-58 Gross premiums tax imposed on life insurers For each insurer writing life, accident and sickness insurance within the state 1% of the gross direct premiums received during the preceding calendar year 12-59 Gross premiums tax imposed on all other life insurers 2.5% of the gross direct premium received during the preceding calendar year 12-81 Annual business license tax For financial institutions One-quarter (.25)% of the gross receipts, and the minimum amount shall be $1,000.00 Page 19 12-108 Professional bondsman administrative fees $75.00/year Chapter 14—Courts Chapter 16—Elections 16-27 Notice of candidacy for municipal office 3% of total salary of office sought Chapter 18—Emergency Management Services 18-48 Monthly charge for emergency telephone service $1.50 per telephone line and $1.50 per wireless subscriber 18-49 Prepaid wireless 911 charge $0.75 per retail transaction 18- 69(1) Penalty for false alarm For the third and each subsequent false alarm that occurs at the same premises within any 12-month period For the 2nd and any subsequent false alarm in a 12-month period a fine is assessed at $150.00 each; no monitored alarm user shall be assessed fines in excess of $600.00 for false alarms that occur at the same premises in any 24-hour period 18- 69(2) Penalty for violation other than false alarm $100.00/each 18-90 (a)(5) Monitored alarm system registration $25.00/each Page 20 Chapter 20—Environment 20-264 (c)(4) Civil penalties for violation subject to equitable relief; nuisance and abatement May impose a penalty not to exceed $1,000.00 per day for each day the violation remains unremedied after receipt of the notice of violation 20-47 (c)(5) Criminal penalties for violation related to equitable relief; nuisance and abatement $1,000.00 per day 20-289 Stormwater management application review Plan review fees Up to 3 reviews— Subsequent revision reviews will require 50% of the original fee, a minimum of $350.00 Residential concept plans $350.00 + $5.00/lot Commercial concept plans $350.00 + $5.00/disturbed acre Residential development plans $350.00 + $20.00/lot Commercial development plans $350.00 + $20.00/disturbed acre 20-540 Project site reinspection fee $50.00 minimum 20- 543(a) Monetary penalties(violation) Not to exceed $2,500.00 per day for each violation Page 21 20-543 (b)(1) Minimum penalties Conducting land disturbance activities without a land disturbance permit or building permit (first offense) $250.00 for each violation or each day on which a violation exists 20-543 (b)(2) Minimum penalties Conducting land disturbance activities without a land disturbance permit or building permit (second or subsequent offense) $1,000.00 for each violation or each day on which a violation exists 20-543 (b)(3) Minimum penalties Lack of proper installation or maintenance of structural/vegetative best management practices $250.00 per violation 20-543 (b)(4) Minimum penalties Working under a stop work order (first offense) $500.00 20-543 (b)(5) Minimum penalties Working under a stop work order (second or subsequent offense) $1,500.00 20- 591(e) Land disturbance— Local permit application fee, per acre Permit Fees Based on Valuations Total valuation Value calculation is based on calculation of inspections per the land development valuation table below $1.00 to $5,000.00 $300.00 $5,001.00 to $20,000.00 $300.00 for the first $500.00 plus $150.00 for each additional Page 22 $1,000.00, or fraction thereof, to and including $20,000.00 $20,001.00 to $100,000.00 $2,250.00 for the first $20,000.00 plus $100.00 for each additional $1,000.00, or fraction thereof, to and including $100,000.00 $100,001.00 to $250,000.00 $10,550.00 for the first $100,000.00 plus $50.00 for each additional $1,000.00, or fraction thereof, to and including $250,000.00 $250,001.00 to $500,000.00 $18,050.00 for the first $250,000.00 plus $25.00 for each additional $1,000.00, or fraction thereof, to and including $500,000.00 $500,001.00 to $1,000,000.00 $24,300.00 for the first $500,000.00 plus $15.00 for each additional $1,000.00, or fraction thereof, to and including $1,000,000.00 $1,000,001.00 and up $31,800.00 for the first $1,000,000.00 plus $10.00 for each additional $1,000.00, or fraction thereof Land Development Valuation Table Based on Inspections Page 23 Road vert & section $16.00/ln. ft. Curb and gutter $6.50/ln. ft. Base and paving $25.00/ln. ft. Commercial driveway $0.75/sq. ft. Storm drainage $20.00/ln. ft. Wastewater $22.00/ln. ft. Water main $16.00/ln. ft. Sidewalk $5.00/sq. ft. Erosion Control Fee Residential fee $200.00/lot Commercial/ot her fee $700.00/disturbed acre Other Applicable Fees Landscape installation inspection $350.00/disturbed acre × 3% Administrative fee $25.00 GIS Monument fee (as required) $1,050.00/monument Overnight delivery or courier fee (as required) $60.00 Page 24 20- 591(f) Land disturbance— State permit, additional per acre fee $80.00 per disturbed acre 20-658 Civil penalty for violation related to noise control May impose a penalty not to exceed $1,000.00 per day for each day the violation remains unremedied after receipt of the notice of violation Chapter 22—Fire Prevention and Protection 22-50 Plan review fees Structural plan review 5,000 sq. ft. or less $125.00 More than 5,000 sq. ft. $0.25 per sq.ft. Site development plan review $100.00 Sprinkler only plan review $100.00 Fire alarm only plan review $75.00 Commercial hood only plan review $50.00 22-50 Inspection fees Page 25 80% inspection $100.00 Final inspection $100.00 Occupancy inspection $100.00 Miscellaneous/oth er final inspection $100.00 Re-inspection fee $100.00 After hours inspection $150.00 22-90(f) Penalties of violation subject to locked gates for commercial, residential and other locations Not [to] exceed $1,000.00 22-91(f) Penalties of violation subject to locked gates for certain buildings Not [to] exceed $1,000.00 22- 115(a) Penalties of violation of placing "Fire Lane" signs $150.00 for each violation (however, the fine will be waived if the required specifications are made within 14 days from the date of the citation) 22- 115(b) Penalties of violation of placing "Fire Lane" signs If that private or public property owner fails or refuses to meet said requirements on his or her property within such 14 days he or she shall, on the 15th day $150.00 for each violation and an additional $10.00 fine for each violation for each day that the Page 26 after receiving the citation, be subject to the fine owner fails to comply with the provisions 22-116 (b)(1) Penalties of violation of parking in a fire lane $25.00 for the first violation within any 30- day period; $40.00 for the second violation within any 30-day period; $50.00 for each violation thereafter occurring within any 30- day period Chapter 28—Law Enforcement Chapter 32—Offenses and Miscellaneous Provisions 32-109 Moving household goods at night permit TBD 32- 135(g) Penalties of violation for person under 21 years of age Varies 32-179 (b)(1) Penalties for nuisances The first violation A minimum of $100.00 32-179 (b)(2) Penalties for nuisances The second violation of the same provision A minimum of $500.00 32-179 (b)(3) Penalties for nuisances The third or repeat violation of the same provision A minimum of $1,000.00 Chapter 34—Parks, Recreation and Cultural Affairs 34-24 (a)(1) Field rental rates at Bell Memorial Park One field for two hours without lights $25.00 per hour Page 27 - Milton Citizen Rate 34-24 (a)(2) Field rental rates at Bell Memorial Park - Milton Citizen Rate One field for two hours with lights $37.50 per hour 34-24 (a)(3) Field rental rates at Bell Memorial Park - Milton Citizen Rate Field preparation - dragging and lining $75.00 34-24 (a)(4) Field rental rates at Bell Memorial Park - Milton Citizen Rate Refundable security deposit $100.00 34-24 (a)(5) Field rental rates at Bell Memorial Park - Milton Citizen Rate One field for a day without lights $175.00 34-24 (a)(6) Field rental rates at Bell Memorial Park - Milton Citizen Rate One field for a day with lights $225.00 34-24 (a)(7) Field rental rates at Bell Memorial Park - Milton Citizen Rate For a special event for a day $500.00 34-24 (a)(8) Field rental rates at Bell Memorial Park - Milton Citizen Rate One artificial turf field without lights $75.00 per hour 34-24 (a)(9) Field rental rates at Bell Memorial Park One artificial turf field with lights $100.00 per hour Page 28 - Milton Citizen Rate 34-24 (a)(10) Field rental rates at Bell Memorial Park - Milton Citizen Rate Refundable security deposit $100.00 34-24 (a)(11) Field rental rates at Bell Memorial Park - Milton Citizen Rate Meeting room rental $20.00 per hour 34-24 (b)(1) Facility rental rates at Bethwell Community Center - Milton Citizen Rate Rentals offered in a minimum of three hours $40.00 per hour 34-24 (b)(2) Facility rental rates at Bethwell Community Center - Milton Citizen Rate Refundable cleaning deposit $50.00 34-24 (b)(3) Facility rental rates at Bethwell Community Center - Milton Citizen Rate Rental for a day $300.00 34- 24(c) Facility rental rates at Friendship Community Park Pavilion only Rentals offered in a minimum of two hours $10.00 per hour 34-24 (d)(1) Facility rental rates at Broadwell Pavillion - Milton Citizen Rate Rentals offered in a minimum of four hours $25.00 per hour Page 29 34-24 (d)(2) Facility rental rates at Broadwell Pavillion - Milton Citizen Rate Usage of lights for the duration of a rental $25.00 per hour 34-24 (d)(3) Facility rental rates at Broadwell Pavillion - Milton Citizen Rate Refundable security deposit $500.00 34-24 (d)(4) Facility rental rates at Broadwell Pavillion - Milton Citizen Rate Refundable personal grill usage deposit $100.00 34-24 (e)(1) Camp Joyful Soles Registration fee per week $175.00 34-24 (e)(2) Camp Joyful Soles Non-refundable, non- transferable deposit per week $50.00 34-24(f) Administrative fee Approved refunds/cancellations $15.00 34- 24(g) Employee discount City of Milton employees may receive a discount on City of Milton directly offered programs (does not apply to programs offered through independent contractors) 50% off the City of Milton Resident rate 34- 24(h) Corporate rate Milton based businesses 20% increase over City of Milton Resident rate 34-24(i) Non-resident rate Applies to individuals and businesses not based in Milton 50% increase over City of Milton Resident rate 34-24(j) Independent contractor commissions At the discretion of the parks and recreation director based No less than 10% and no more than 30% Page 30 upon services provided and fees charged Chapter 36—Peddlers and Solicitors 36-40 Application fee ** This fee is for a business solicitation permit—There is no charge for a charity/nonprofit solicitation permit $75.00 administrative fees + $100.00 permit fees + $20.00 background check Chapter 38—Personnel Chapter 42—Secondhand Goods Chapter 46—Solid Waste 46-3 Collection fee for the disposal and collection of waste TBD 46- 70(a) Infrastructure maintenance fee 5% of the company's gross receipts to customers within the city Chapter 48—Streets, Sidewalks and Other Public Places 48-259 Traffic calming plan fee $500.00 per plan 48- 466(e) Sign replacement fee $250.00 per sign 48- 466(f) Sign performance bond $100.00 value per sign 48- 560(c) Penalties for violation of restoration of lanes $1,000.00 per instance and location Page 31 48-561 (b)(4) Penalties for violation of removal $1,000.00 per day per location 48- 584(c) Penalties of obstruction of right-of-way (personal property) 125% of the cost the city incurs in removing the property plus a fine of $1,000.00 48- 584(d) Penalties of obstruction of right-of-way (illegal dumping) 125% of the cost the city incurs in removing the property plus a fine of $1,000.00 48-585 (b)(1) Penalties of location within the right-of-way (new unpermitted installations) 100% of the cost the city incurs in removing the property plus a fine of one-half the cost of the largest permit fee for the site 48-585 (b)(2) Penalties of location within the right-of-way (existing installations) No fines 48-585 (b)(3) Penalties of location within the right-of-way (temporary items) 125% of the cost the city incurs in removing the property plus a fine of $500.00 48- 587(a) Penalties of violation for agricultural uses $100.00 per incident 48-587 (b)(2) Penalties of violation of $100.00 fine per incident, plus the cost of repairs to the road, Page 32 agricultural equipment uses and plus the cost of certified traffic control by the person who caused the damages Chapter 50—Subdivisions 50-2(a) Penalties of violation No less than $1,000.00 and not to exceed $2,500.00 50-208 Plat application $25.00 administrative fee + $350.00 review fee + $5.00/lot 50-209 Fees for required inspection, water and sewer connection, curb cut, and street sign See sections 48-466, 20- 591 and 22-50 50-210 Bond fee $250.00 legal processing and $50.00 administrative fee Chapter 52—Taxation 52- 19(b) Ad valorem taxes on property For property subject to the ad valorem tax $4.731 on 40 percent of each $1,000.00 of property 52- 22(b) Penalties and interest for the delinquent of the ad valorem taxes For property subject to the ad valorem tax An interest rate of 1% per month (minimum $1.00) from the date the taxes are due until the date the taxes are paid. Any period less than one month is considered to be one month. Page 33 A penalty of 10% is applied after 90 days past due. The penalty shall not apply to the following: (1) Ad valorem taxes of $500.00 or less on homesteaded property; (2) Homesteaded property acquired during the tax year by a new owner who did not receive a bill and who before acquiring such property resided outside the State of GA and if taxes are paid within one year following the due date. 52-46 Penalty for delinquent payment For hotel and motel tax Penalties of 10% of amount of taxes due to the city, plus 1% interest per month on the unpaid tax 52-47 Hotel and motel excise tax For hotel and motel rent 3% of the rent for every occupancy of a guestroom in a hotel in the city 52-94 (a)(1) Rental motor vehicle excise tax For motor vehicle rented 3% of the rental charge. If paid on or before the 20th day of the preceding calendar month, the tax payer may retain a credit in the amount of 3% of the tax due. Page 34 52-116 Penalties and interest for failure to remit taxes For rental motor vehicle excise tax A penalty of 5% of the tax then due, plus 1% interest per month thereon the unpaid principal amount due 52- 118(b) Interest on the deficiency determined For excise tax 1% per month or fraction thereof from the due date of the taxes Chapter 54—Telecommunications 54-5(d) Application fee $2,000.00 plus the actual consulting cost up to $7,500.00 54-8(c) Telecommunicatio ns operating license $1,000.00 per tower and $1,000.00 per antenna array 54- 11(d) Lease application fee $250.00 legal processing and $50.00 administrative fee 54- 19(a) Lease compensation As negotiated by the city manager or designee and approved by city council 54- 19(a) Late lease payments 2% of the annual rental fee for each day or portion thereof beyond the due date Chapter 56—Traffic and Vehicles 56- 70(b) Charges and penalties for $0.05 per pound for all excess weight, except Page 35 violation of provision subject to vehicle weights and loads for vehicles permitted to exceed the weight limitation, or are permitted under a "superload" or "superload plus" permit wherein the penalty would be $6.25 per pound for excess weight Chapter 58—Utilities 58- 39(2) Penalty for violation of water uses Second and subsequent violations Not [to] exceed $1,000.00 58- 129(a) Civil penalty for violation of water uses Not [to] exceed $1,000.00 for each day the violation remains unremedied after receipt of the notice of violation 58- 129(b) Criminal penalties for violation of water uses Not [to] exceed $1,000.00 Chapter 60—Vegetation 60- 20(a) Penalties for violation Not [to] exceed $1,000.00 per violation per day 60-50 (b)(2) Tree protection signs All tree protection fences must be accompanied by "Stay Out" and "Tree Save" signage, which may be purchased from community development for a fee $5.00 per sign Page 36 60-48 Penalty for violation of specimen trees If specimen trees are removed or have their root protection zones disturbed without permission The unit value of the specimen tree is doubled and that becomes the unit value that must be compensated for Chapter 62—Vehicles for Hire 62- 24(a) License fee License fees are levied per annum for each taxicab maintained or operated, and per annum for each driver's permit, and for certificate of public necessity $50.00 annual taxicab permit, $50.00 each annual driver's permit, $50.00 annual certificate of public necessity Chapter 64—Zoning 64- 360(2)c Inclusionary housing (in-lieu fees) TBD 64-366 Administration of inclusionary housing TBD 64-1017 Approval of alterations or new construction by the DRB Certificate of endorsement for commercial and multifamily $350.00 for each project review 64-1616 (8)c. Media production permit fee Based on permit type requested and minimum processing time Low impact permit fee—$100.00, high impact permit fee— $250.00, additional $100.00 per day for any permit received less than the minimum number of processing days required in Page 37 subsections 64- 1616(5)a. and 64- 1616(6)a. 64-1890 (c)(1) Application fee for a concurrent variance Residential districts: R-1, R-2, R- 2A, R-3, R-3A, R -4, R-4A, R-5, R- 5A, NUP, CUP, MHP $250.00 plus $50.00 for each additional concurrent variance requested on the same piece of property AG-1, R-6, TR, A, A-1, O-I, C-1, C- 2, M-1A, M-1, M -2, MIX and nonresidential uses in residential districts listed above $350.00 plus $100.00 for each additional concurrent variance requested on the same piece of property All signs $350.00 plus $100.00 for each additional request 64-1938 Appeal application Single-family residential zoning districts and AG-1 district for residential uses only $250.00 plus $50.00 for each additional variance request on the same piece of property Multifamily districts, nonresidential districts, and commercial uses in residential or AG -1 districts $350.00 plus $100.00 for each additional variance request All signs $350.00 plus $100.00 for each additional variance request 64-2175 Rezoning petition To Acreage Page 38 AG-1, R-1, R-2, R-2A, R -3, R-3A, R-4, R-4A, R-5, R-5A 0 to 5 $500.00 5+ to 10 $1,000.00 10+ to 20 $1,500.00 20+ to 100 $2,000.00 100+ $2,500.00 plus an additional $40.00 per acre for any portion thereof over 100 acres. Maximum fee = $10,000.00 R-6, TR, A, A-I, O-I, C-1, C-2, M-1A, M -1, M - 2, H 0 to 5 $750.00 5+ to 10 $1,500.00 10+ to 20 $2,000.00 20+ to 100 $2,500.00 100+ $3,000.00 plus an additional $50.00 per acre for any portion thereof over 100 acres. Maximum fee = $10,000.00 CUP, NUP, MHP Any acreage $2,000.00 plus $50.00 per acre or any portion thereof. Maximum fee = $10,000.00 MIX Any acreage $1,000.00 plus $50.00 per acre or any portion thereof. Maximum fee = $10,000.00 Page 39 64- 2221(b) Penalties for violation Where a determination is made that property is in violation of zoning ordinance, and any other codes and laws enforced by the community development department, and all reasonable efforts and means to obtain compliance have been exhausted $1,000.00 64- 2296(f) Penalties for violation of signs Not exceed $1,000.00 per day 64-2455 Application to HPC for certificate of appropriateness $350.00 per review (Ord. No. 12-09-147, § 1, 9-17-2012; Ord. No. 14-05-201, § 1, 5-5-2014; Ord. No. 15-03- 238 , § 1, 3-16-2015; Ord. No. 15-04-245 , § 1, 4 -27-2015; Ord. No. 15-10-261 , § 1(Exh. A), 10-19-2015) Footnotes: --- (1) --- Editor's note— Section 1 of Ord. No. 12-09-147, adopted Sept. 17, 2012, repealed the former App. A, and enacted a new App. A as set out herein. The former App. A pertained to similar subject matter, and derived from Ord. No. 11-12-120, adopted Dec. 5, 2011. See the Code Comparative Table for a complete derivation. STATE OF GEORGIA COUTY OF FULTON ORDINANCE NO. AN ORDINANCE TO AMEND APPENDIX A, ALCOHOLIC BEVERAGES FEES AND OTHER CHARGES, CHAPTER 4 OF THE MILTON CITY CODE BE IT ORDAINED by the City Council of the City of Milton, GA while in a regularly called council meeting on June 5, 2017 at 6:00 p.m. does hereby ratify and approve the following Ordinance: SECTION 1. Pursuant to that authorization in Chapter 4 of the Milton Code, Appendix A of the Milton Code is hereby amended to include a table of fees and charges that may be assessed and collected related to alcoholic beverages, with the schedule of said fees and charges as set forth in Exhibit A to this Ordinance. SECTION 2. All ordinances, parts of ordinances, or regulations in conflict herewith are repealed. SECTION 3. That this Ordinance shall become effective upon its adoption. ORDAINED this the 5th day of June, 2017. ____________________________________ Joe Lockwood, Mayor Attest: ______________________________ Sudie AM Gordon, City Clerk (Seal) MILTON'k ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: May 4, 2017 FROM: Steven Krokoff, City Manager AGENDA ITEM: Consideration of An Ordinance of the City of Milton, Georgia to Amend Chapter 4, Alcoholic Beverages of the Code of the City of Milton, Georgia (Comprehensive Amendments). MEETING DATE: Monday, May 15, 2017 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (k<PPROVED (J NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: VYES () NO CITY ATTORNEY REVIEW REQUIRED: (v)AYES () NO APPROVAL BY CITY ATTORNEY: (� PPROVED () NOT APPROVED PLACED ON AGENDA FOR: cyvrst 2w 1 2006 Heritage Walk Milton, GA P: 678.242.25001 F: 678.242.2499 info@cityofmiltonga.us I www.cifyofmiltonga.us 0 To: Honorable Mayor and City Council Members From: Sarah LaDart, Economic Development Manager Date: Submitted on May 11, 2017 for the May 15, 2017 Regular City Council Meeting Agenda Item: Consideration of An Ordinance of the City of Milton, Georgia to Amend Chapter 4, Alcoholic Beverages of the Code of the City of Milton, Georgia (Comprehensive Amendment) ______________________________________________________________________________ Department Recommendation: Approval. Executive Summary: After speaking with current and potential business owners, property managers, attorneys, and City staff, we have made revisions to current Chapter 4 ordinances and created three new categories of alcohol licenses to make the City of Milton more desirable to do business. At the direction of Council, we have added defined districts in Deerfield and Birmingham Crossroads to reflect similar allowances for open-carry that currently exist in Crabapple. The intent of the changes and additions is to increase revenue of current and potential businesses and increase compliance with the City’s ordinances. Funding and Fiscal Impact: An anticipated increase in revenue as a result of new license applications. Alternatives: None. Legal Review: Molly Esswein, Jarrard & Davis April 27, 2017 Attachment(s): Updated Chapter 4 Alcohol Ordinance Maps of defined districts in Crabapple, Deerfield, and Birmingham Crossroads ORDINACE NO. STATE OF GEORGIA COUNTY OF FULTON AN ORDINACE TO AMEND CHAPTER 4, ALCOHOLIC BEVERAGES OF THE CODE OF THE CITY OF MILTON, GEORGIA (COMPREHENSIVE AMENDMENTS) BE IT ORDAINED by the City Council for the City of Milton, Georgia while in regular session on May 15, 2017 at 6:00 p.m. as follows: SECTION 1 That the condition of Chapter 4 has revisions in Sec. 4-1. – Definitions., Sec. 4-47. – Application; investigation consent., Sec. 4-192. – Growlers., Sec. 4-193. - Ancillary wine and malt beverage tasting., Sec. 4-231. – Locations where permitted., Sec. 4-232. – Hours and days of sale., Sec. 4-233. – Promotions and sales., Sec. 4-235. – Pouring permits required., Sec. 4-239. - Limited consumption on premises licenses., Sec. 4-359. – General Provisions., Sec. 4-557. – Distance requirement., ARTICLE IX. – Special Provisions and Exceptions within Designated Zoning Districts, and Appendix A – Fees and Other Charges.; and SECTION 2 That the Chapter shall be revised in compliance with the State of Georgia; and SECTION 3 That all ordinances or part of ordinances that conflict with the terms of this ordinance are hereby repealed; and SECTION 4 This Ordinance shall become effective upon adoption by the Mayor and City Council and the signature approval of the Mayor. ORDAINED this 15th of May, 2017. Approved: ______________________ Joe Lockwood, Mayor Attest: ________________________ Sudie Gordon, City Clerk (Seal) Page 1 Chapter 4 - ALCOHOLIC BEVERAGES[1] Footnotes: --- (1) --- Editor's note— Ord. No. 15-03-236, § 1, adopted March 16, 2015, amended the Code by repealing ch. 4 in its entirety and enacting new provisions to read as herein set out. Former ch. 4, §§ 4-1—4-5, 4-25—4-27, 4-47—4-53, 4-73—4-75, 4-96—4-102, 4-122—4-125, 4-145—4-147, 4-167, 4- 168, 4-188—4-192, 4-211—4-213, 4-232—4-234, 4-254—4-257, 4-277, 4-297, 4-317—4-319, 4-339, 4- 359—4-361, 4-417, 4-437, 4-457, 4-477, 4-497—4-500, 4-520—4-545, and pertained to similar subject matter. See the Code Comparative Table for a complete derivation. State Law reference— Georgia Alcoholic Beverage Code, O.C.G.A. § 3-1-1 et seq.; regulation of alcoholic beverages generally, O.C.G.A. § 3-3-1 et seq.; authority of local authorities to license and regulate alcoholic beverage sales, O.C.G.A. § 3-3-2; local regulation of sales on Sundays, O.C.G.A. § 3-3-7; prohibited acts on licensed premises, O.C.G.A. § 3-3-40 et seq.; malt beverages, O.C.G.A. § 3-5-1 et seq.; wine, O.C.G.A. § 3-6-1 et seq.; local licensing requirements for sale of malt beverages, O.C.G.A. § 3-5-40 et seq.; requirements for sale of wine, O.C.G.A. § 3- 6-40. ARTICLE I. - IN GENERAL Sec. 4-1. - Definitions. (a) Unless a contrary intention is clearly apparent from the context, any term used in this chapter shall have the same meaning as when used in a comparable provision of the Georgia Alcoholic Beverage Code (O.C.G.A. § 3-1-1 et seq.). (b) The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Alcohol means ethyl alcohol, hydrated oxide of ethyl, or spirits of wine, from whatever source or by whatever process produced. Alcoholic beverage means all alcohol, distilled spirits, beer, malt beverage, wine or fortified wine. Alcoholic beverage caterer means any retail dealer licensed pursuant to this chapter who provides alcohol at authorized events or functions. Applicant means the person, partner, firm or corporation, as owner, or other entity authorized to represent the business making application for the license. Barrel means a wooden vessel that is used to age/condition/ferment beer; a standard unit of measure is 31 gallons (27 CFR § 25.11). Beer or malt beverage means any alcoholic beverage obtained by the fermentation of any infusion or decoction of barley, malt, hops, or any other similar product, or any combination of such products in water, containing not more than 14 percent alcoho l by volume and including ale, porter, brown, stout, lager beer, small beer, and strong beer. The term does not include sake, known as Japanese rice wine. The term "beer" is used interchangeably with "malt beverage." Page 2 Brewpub means any eating establishment in which beer or malt beverages are manufactured or brewed, subject to the barrel production limitation prescribed in O.C.G.A. § 3 - 5-36 for retail consumption on the premises and solely in draft form. Brown bag license, brown bagging or brown bagged means a license for any place of business open to the public or any private club which allows guests, patrons or members to purchase the establishment’s wine on the premises, and leave with the unfinished portion after being corked by a permitted employee of the establishment. Bring Your Own Beverage (BYOB) License means a license for any place of business open to the public that allows patrons to bring in their own wine and beer; Limited to wine and beer. Church means any permanent place of public religious worship. Distilled spirits or spirituous liquor means any alcoholic beverage obtained by distillation or containing more than 24 percent alcohol by volume including, but not limited to, all fortified wines. Eating establishment means an establishment which is licensed to sell distilled spirits, beer, malt beverages, or wines and which derives at least 50 percent of its total annual gross food and beverage sales from the sale of prepared meals or food; provided, however, that neither barrels of beer sold to licensed wholesale dealers for distribution to retailers and retail consumption dealers, as authorized pursuant to O.C.G.A. § 3-5-36(2)(c), nor package sales of wine and/or beer shall be used when determining the total annual gross food and beverage sales. Fixed salary means the amount of compensation paid any member, officer, agent, or employee of a bona fide private club as may be fixed for him or her by its members at a prior annual meeting or by the governing body out of the general revenue of the club and shall not include a commission on any profits from the sale of alcoholic beverages. For the purpose of this definition, tips or gratuities which are added to the bills under club regulation shall not be considered as profits from the sale of alcoholic beverages. Farm winery means a domestic winery that is licensed as a farm winery by the State of Georgia. Food caterer means any person that prepares food for consumption off the premises. Fortified wine means any alcoholic beverage containing more than 24 percent alcohol by volume made from fruits, berries, or grapes, either by natural fermentation or by natural fermentation with brandy added. "Fortified wine" includes, but is not limited to, brandy. Full-service kitchen means a kitchen that consists of a commercial sink; a stove or grill permanently installed; and a refrigerator. All of which must be approved by the health and fire departments. Golf club means a golf facility consisting of a clubhouse or a professional golf shop and a regulation or executive length golf course of at least nine holes, as recognized by the United States Golf Association, the Professional Golfers Association of America, and the Georgia State Golf Association. Growler means a glass or ceramic container not to exceed 64 ounces that is filled by a licensee or employee of a licensee with beer from a keg and securely sealed for off -premises consumption. Hotel means any building or other structure providing sleeping accommodati ons for hire to the general public, either transient, permanent, or residential. Motels meeting the qualifications set out in this definition for hotels shall be classified in the same category as hotels. Incidental License means a license for an establishment that does not sell food; Cannot charge for alcohol; Limited to wine and beer; Consumption for any individual shall not exceed 16 ounces of wine or 24 ounces of beer within a calendar day; Alcohol expense shall not Page 3 exceed 2% of gross receipts (gross receipts shall have the same meaning as provided in section 12-20) License means the authorization by the governing authority of the city to engage in the sale of alcoholic beverages as provided for in this chapter. Licensee means the individual to whom a license is issued or, in the case of a partnership or corporation, all partners, officers, and directors of the partnership or corporation. Limited Tap License means a license for an establishment that does not sell food; Limited to 4 beer taps; Kegs must be from breweries located no further than 50 aerial miles from the establishment; Consumption for any individual shall not exceed 48 ounces within a calendar day; Gain approval from the Fire Marshall and Building Official in accordance with applic able codes. Liter means the metric measurement currently used by the United States. Manufacturer means any maker, producer, or bottler of an alcoholic beverage. The term "manufacturer" also means: (1) In the case of distilled spirits, any person engaged in distilling, rectifying, or blending any distilled spirits; provided that a vintner that blends wine and distilled spirits to produce a fortified wine shall not be considered a manufacturer of distilled spirits; (2) In the case of malt beverages, any brewer; and (3) In the case of wine, any vintner. Package means a bottle, can, keg, barrel, or other original consumer container. The term "retail package alcoholic beverages" includes all alcoholic beverages in their original container, sold at retail to the final consumer, and not for resale. Pouring permit means an authorization granted by the city to cork, dispense, sell, serve, take orders, or mix alcoholic beverages in establishments licensed as a retail consumption dealer or brown bag establishment. Premises means the location, whether room, shop, or building, wherein activities permitted by this chapter are conducted. Private club means any nonprofit association organized under state law which: (1) Has been in existence at least one year prior to the filing of the application for a license to be issued pursuant to this chapter; (2) Has at least 75 regular dues-paying members; (3) Owns, hires or leases a building or space within a building for the reasonable use of its members with: a. A suitable kitchen and dining room space and equipment; and b. A sufficient number of employees for cooking, preparing and serving meals for its members and guests; (4) Has no member, officer, agent or employee directly or indirectly receiving in the form of salary or other compensation any profits from the sale of alcoholic beverages beyond a fixed salary. Registered agent means a natural person age 21 years or older and residing in the city or the county who is empowered to act for and represent the licensee in all matters with the city relating Page 4 to an establishment licensed or making application for a license to sell alcohol upon whom any process, notice or demand required or permitted by law or under this chapter may be served. Retail consumption dealer means any person who sells alcoholic beverages for consumption on the premises, at retail, only to consumers and not for resale. Retail package dealer means any person who sells unbroken packages or growlers, at retail, only to consumers and not for resell. School building or educational building. This applies only to state, county, city or church school buildings and to such buildings at such other schools in which ar e taught subjects commonly taught in the common schools and colleges of the state and which are public schools and private schools as defined in O.C.G.A. § 20-2-690(b). The term "school building" includes only those structures in which instruction is offered. Special event. This term shall have the same meaning as provided in section 64-1596. Special events facility. This term shall have the same meaning as that provided for “assembly hall” or "rural or agricultural event facility" provided in section 64-1. Specialty gift shop means any retail gift shop that derives not more than 15 percent of its gross sales from the sale of package gift baskets containing non-alcohol related items such as flowers, plants, food or similar items which also contain unbroken containers of wine or malt beverages. Sports club means an association or corporation organized and existing under state law, organized and operated primarily to provide a location for the patrons thereof to engage in sporting events. (1) To qualify for an alcoholic beverage consumption dealer's license, a sports club must have been actively in operation within the city at least two years prior to an application for license under this chapter; provided, however, the two-year operational requirement shall not apply to golf club associations or golf club corporations where the selling or the serving of alcoholic beverages is to take place on the golf course premises. (2) A sports club organized or operated primarily for serving alcoholic beve rages shall not qualify for licensing under this chapter, and accordingly shall not be permitted to serve alcoholic beverages at any time. (3) Unless otherwise indicated, a sports club licensee shall comply with all other requirements imposed upon retail consumption dealers. Tasting room means an outlet for the promotion of a farm winery's wine by providing samples of such wine to the public and for the sale of such wine at retail for consumption on the premises and for sale in closed packages for consumption off the premises. Samples of wine may be given complimentary or for a fee. Wholesaler or wholesale dealer means any person who sells alcoholic beverages to other wholesale dealers, retail dealers, or retail consumption dealers. Wine means any alcoholic beverage containing not more than 24 percent alcohol made from fruits, berries, or grapes either by natural fermentation or by natural fermentation with brandy added. "Wine" includes, but is not limited to, all sparkling wines, champagnes, combinations of such beverages, vermouths, and special natural wines, rectified wines, and like products. "Wine" does not include cooking wine mixed with salt or other ingredients so as to render it unfit for human consumption as a beverage. A liquid shall first be deemed to be a wine at the point in the manufacturing process when it conforms to this definition. ( Ord. No. 15-03-236 , § 1, 3-16-2015; Ord. No. 16-01-267 , § 1, 1-4-2016) Page 5 Secs. 4-2—4-24. - Reserved. ARTICLE II. - LICENSING[2] Footnotes: --- (2) --- State Law reference— Local authorization and regulations for manufacture, distribution, and package sales of distilled spirits, O.C.G.A. § 3-3-40 et seq.; local licenses for sale of distilled spirits by the drink, O.C.G.A. § 3-4-110; local license requirements and regulations for manufacture, distribution, and sale of malt beverages, O.C.G.A. § 3-5-40 et seq.; municipal licenses for the sale of malt beverages, O.C.G.A. § 3-5-42; local licensing requirements for the sale of wine, O.C.G.A. § 3-6-40; local authorization and regulation of the sale of alcoholic beverages in private clubs, O.C.G.A. § 3-7-40 et seq. DIVISION 1. - GENERALLY Sec. 4-25. - License is a privilege. (a) Granted by mayor and city council. Alcoholic beverages may be sold in the city under a license granted by the mayor and city council upon the terms and conditions provided in this chapter. (b) Privilege. All licenses in this chapter shall be a mere grant of privilege to carry on the business during the term of the license, subject to all the terms and conditions imposed by this Code and state law. (c) Required language. All licenses pursuant to this chapter shall have printed on the front these words: "This license is a mere privilege subject to being revoked in accord with the terms of this ordinance, and is subject to any ordinance amendments that may be enacted by the city." (d) Compliance with state and federal law required. Any holder of a license issued pursuant to this chapter to operate as a retail consumption dealer, a retai l package dealer, or a wholesale dealer is required to apply for and obtain an alcoholic beverage license from the state before any sales commence. Additionally, city licensees are required to abide by all applicable state and federal regulations and laws. ( Ord. No. 15-03-236 , § 1, 3-16-2015) Sec. 4-26. - License required. Except where an appropriate license has been obtained, it shall be unlawful for any person to sell or possess for the purpose of sale any alcoholic beverage or to allow brown bagging. Further, it shall be unlawful to make deliveries beyond the boundaries of the premises covered by the license or to sell alcohol beyond the area on or about the premises covered by the license. ( Ord. No. 15-03-236 , § 1, 3-16-2015) Page 6 Secs. 4-27—4-46. - Reserved. DIVISION 2. - APPLICATION Sec. 4-47. - Application; investigation consent. (a) City form. All persons desiring to sell alcoholic beverages or obtain a BYOB License or Incidental License shall make an application on the form prescribed by the city manager, or his or her designee. (b) Contents. The application shall include, but not be limited to: (1) The name and address of the applicant; (2) The proposed business to be carried on and type of license desired; (3) If a partnership, the names and residence address of the partners; (4) If a corporation, the names of the officers; (5) The names and address of the registered agent for the service of the process; (6) The name of the manager; (7) The name of all shareholders holding more than 20 percent of any class of corporate stock, or any other entity having a financial interest in each entity which is to own or operate the establishment for which a license is sought; and (8) Evidence of compliance with any prior notice requirements, including but not limited to O.C.G.A. § 3-4-27 where applicable. (c) Financial information. All applicants shall furnish such financial and other information and records as may be required by the city manager to ensure compliance with the provisions of this chapter. Failure to furnish the information and records pursuant to such request shall automatically serve to dismiss the application with prejudice. (d) Survey. Unless waived by the city manager out of recognition of the absence of any school or church buildings in proximity to the outlet, the application shall have attached a survey (dated no more than 180 days prior to submission of the application to the city), certified by a registered surveyor of this state, showing a scaled drawing of the premises, the location on the premises where the applicant desires to operate an alcoholic beverage establishment, and the distance in linear feet measured pursuant to section 4-557 to the nearest church building, school building, educational building, school grounds or college grounds or college campus building. If the applicant is a new owner of an establishment at a location where the sale of alcoholic beverages was lawful at any time during the 12 months immed iately preceding such application, a survey is not required. (e) Notary. All applications shall be sworn to by the applicant before a notary public or other officer empowered by law to administer oaths. (f) Consent. Each applicant and licensee authorizes the city and its agents to secure from any court, law enforcement agency, or other public agency his criminal and civil history and to use such information in determining whether the license applied for shall be issued. Each applicant further authorizes the city and its agents to use such information in any public hearing with respect to the license applied for, either before or after the issuance of the license. Each applicant waives any right that he would otherwise have to preclude the city Page 7 or its agents from obtaining and using such information, and each applicant further waives any liability of the city or its agents for obtaining and using such information. (g) License fees. The application shall be accompanied by the prerequisite fee as established by the mayor and council. Except for applications for special events permits, all licenses granted under this chapter shall be for the months remaining in the calendar year after application is made. License fees for new licenses granted shall be prorated based on the number of months remaining in the calendar year; a partial month shall be counted as a full month. ( Ord. No. 15-03-236 , § 1, 3-16-2015) Sec. 4-48. - Separate application and license for each location of sale. Separate applications must be made for each location and separate licenses must be issued. ( Ord. No. 15-03-236 , § 1, 3-16-2015) Sec. 4-49. - Processing fees. Each application for a license or renewal of a license under this chapter sh all be accompanied by processing fees in amounts to be determined by mayor and council to defray investigative and administrative costs. Processing fees shall be paid at the time the application is filed. Any person applying for more than one license on a given application shall pay only one set of processing fees. Further, no processing fee shall be applied for any applicant applying for a license under this chapter where that applicant already has, at the time the new application is submitted, an existing license under this chapter; provided that such existing li cense may not be the license for which an application for renewal is submitted. ( Ord. No. 15-03-236 , § 1, 3-16-2015) Sec. 4-50. - Withdrawal by applicant; refunds. (a) Any license application made pursuant to this chapter may be withdrawn by the applicant at any time. (b) If the application is withdrawn before the license is issued, any sums deposited as license fees will be refunded (without interest) less applicable processing fees for completed tasks. After issuance of the license, no refund will be made. No refunds shall be made under any circumstances for investigative and administrative expenses required in this chapter. ( Ord. No. 15-03-236 , § 1, 3-16-2015) Sec. 4-51. - Procedure for consideration of application. (a) Each application for an alcoholic beverage license shall be referred to the chief of police or his or her designee for a thorough investigation. The chief of police or his or her designee shall report the findings to the city manager. Such finding shall include a recommendation as to the qualifications of the applicant. (b) The city manager shall further have the responsibility and authority to request additional information as may be determined to be necessary in order for the city manager to accept the application as complete prior to its approval or denial pursuant to section 4-53. Page 8 (c) A temporary license may be issued by the city manager for the sale of alcoholic beverages, either malt beverages, wine and/or distilled spirits, subject to the conditions set forth in section 4-167. (d) No application for an original license shall be granted until a public hearing has been held thereon before the mayor and council, after notice as provided in section 4 -52. ( Ord. No. 15-03-236 , § 1, 3-16-2015) Sec. 4-52. - Notice requirements. (a) Posting on premises to be licensed. (1) Required; specifications. The applicant for an original license under this chapter shall, at his or her own expense, post a notice on the premises to be licensed. The notice shall be posted for at least 15 days prior to the date of the public hearing. The notice shall be on a sign having a surface of not less than 12 square feet. The not ice shall be painted or printed in black letters at least three inches in height against a white background. The notice shall state: a. That an application for a license related to the sale or consumption of alcoholic beverages on the premises under this chapter has been filed with the city; b. The type of license applied for; c. The time and place of the public hearing to be held on such license application; and d. The name(s) in which the license is to be issued. (2) Placement. The advertisement shall be placed with the base of the sign not more than three feet from the ground on the most conspicuous part of the premises, facing the most frequently traveled road, street or highway abutting same, and not more than ten feet therefrom. (b) Publication. (1) Contents. The city treasurer shall prepare and cause to be published a notice of each pending application, which notice shall include: a. The date the application will be considered by the city council; b. The location or street number of the premises where the applicant proposes to conduct activities permitted by this chapter; and c. The applicant's name. (2) Costs. The applicant shall pay the publication costs. (3) Newspaper of general circulation. The notice shall be published in a newspaper of general circulation within the city, and shall appear once a week for two weeks immediately preceding consideration of the application by the city council. ( Ord. No. 15-03-236 , § 1, 3-16-2015) Sec. 4-53. - Approval or denial. Page 9 (a) Approval or denial. The city manager may deny any application that is incomplete or does not meet the minimum requirements provided in this chapter. If the application is not denied by the city manager, it will be submitted to the mayor and council for approval or denial. (b) Notice required. The city manager shall provide written notice to any applicant whose application is denied under the provisions of this chapter. Such written notification shall set forth in reasonable detail the reasons for such denial and shall advise the applicant of the right to appeal under the provisions of this chapter. (c) Reapplication permitted after one year. In all instances in which an application is denied under the provisions of this chapter the applicant may not reapply for a license for at least one year from the final date of such denial. ( Ord. No. 15-03-236 , § 1, 3-16-2015) Sec. 4-54. - Separate application and license for each license type. A separate application is required for each license category enumerated in this Code; the City of Milton will act upon each application separately. Pursuant to Ga. Comp. Rules and Regs. 560-2-3-.15 no establishment licensed to sell beer, wine, and/or distilled spirits for consumption on the premises shall hold any license to sell distilled spirits by the package for the same location. ( Ord. No. 16-01-267 , § 2, 1-4-2016) Secs. 4-55—4-72. - Reserved. DIVISION 3. - QUALIFICATIONS Sec. 4-73. - Applicants. (a) No license issued pursuant to this chapter for alcoholic beverages shall be granted to any person who is not: 1. A United States citizen; 2. A legal permanent resident of the United States; 3. A qualified alien or non -immigrant under the Federal Immigration and Nationality Act with an alien number issued by the Department of Homeland Security or other federal immigration agency. (b) If the applicant is a partnership or corporation, the provisions of this section shall apply to all its partners, officers and majority stockholders. Issuance of the license shall be as follows: (1) In the case of a corporation, the license shall be issued jointly to the corporation and the majority stockholder, if an individual. If the majority stockholder is not an individual, the license shall be issued jointly to the corporation and its registered agent under the provisions of this chapter. (2) In the case of a partnership, the license will be issued to all the partners owning at least 20 percent of the partnership; or if no partner owns 20 percent of the partnership, then the general partner, managing partner or the partner with the greatest ownership will be licensed. Page 10 (c) No person shall be granted any alcoholic beverage license unless it shall appear to the satisfaction of the city manager or his or her designee that such person, partners in the firm, officers and directors of the corporation have not been convicted or plead guilty or entered a plea of nolo contendere, and has been released from parole or probation, to any crime involving: (1) Moral turpitude; (2) Illegal gambling; (3) Illegal possession or sale of controlled substances; (4) Illegal possession or sale of alcoholic beverages, including the sale or transfer of alcoholic beverages to minors in a manner contrary to law; (5) Keeping a place of prostitution; (6) Pandering; (7) Pimping; (8) Public indecency; (9) Prostitution; (10) Solicitation of sodomy; or (11) Any sexually related crime within a period of ten years immediately prior to the filing of such application. (d) No license issued pursuant to this chapter for alcoholic beverages shall be granted to any person convicted under any federal, state or local law of any felony, within ten years prior to the filing of application for such license. (e) It shall be unlawful for any city employee directly involved in the issuance of alcoholic beverage licenses under this chapter to have any whole, partial or beneficial interest in any license to sell alcoholic beverages in the city. (f) No license issued pursuant to this chapter for alcoholic beverages shall be granted t o any person who has had any license issued under the police powers of any jurisdiction within the state previously revoked within two years prior to the filing of the application. (g) The city manager or city council may decline to issue a license when a ny person having any ownership interest in the operation of such place of business or control over such place of business does not meet the same character requirements as set forth in this section for the licensee. (h) All applicants for any alcoholic beverage license must be of good character, and all operators, managers, clerks, or other employees shall be of like character. Corporate or firm applicants shall be of good business reputation. (i) A license application may be denied to any applicant for an y alcoholic beverage license where it appears that the applicant would not have adequate financial participation in the proposed business to direct and manage its affairs, or where it appears that the application is intended to be a mere surrogate for a person who would not otherwise qualify for a license for any reason whatsoever. ( Ord. No. 15-03-236 , § 1, 3-16-2015) Sec. 4-74. - Effect of prior criminal history; exceptions. Page 11 (a) An applicant's first time conviction for illegal possession of alcohol as a misdemeanor or violation of a city ordinance shall not, by itself, make an applicant ineligible for an alcoholic beverage license. (b) For purposes of this chapter, a conviction or plea of guilty or nolo contendere shall be ignored as to any offense for which a defendant who was allowed to avail themselves of the state first offender provisions, O.C.G.A. § 42-8-60 et seq. Except, however, that any such offense shall not be ignored where the defendant violated any term of probation imposed by the court granting first offender treatment or committed another crime and the sentencing court entered an adjudication of guilt as to the crime for which the defendant had previously been sentenced as a first offender. ( Ord. No. 15-03-236 , § 1, 3-16-2015) Sec. 4-75. - City manager permitted discretion concerning qualifications. (a) The city manager and city council, in their discretion, may consider any extenuating circumstances which may reflect favorably or unfavorably on the applicant, the application, or the proposed location of the business. (b) If, in the city manager's or city council's judgment, circumstances are such that granting of the license would not be in the general public's best interest, such circumstances may be grounds for denying the application. ( Ord. No. 15-03-236 , § 1, 3-16-2015) Secs. 4-76—4-95. - Reserved. DIVISION 4. - LIMITATIONS AND REQUIREMENTS Sec. 4-96. - Registered agent required. All licensed establishments must have and continuously maintain in Fulton County, Georgia, a registered agent upon whom any process, notice or demand required or permitted by law or under this chapter to be served upon the licensee or owner may be served. This person must be a resident of the county. The licensee shall file the name of such agent, along with the written consent of such agent, with the city manager and shall be in such form as her or she may prescribe. ( Ord. No. 15-03-236 , § 1, 3-16-2015) Sec. 4-97. - Display of license at place of business required. The city alcoholic beverage license shall at all times be kept plainly exposed to view to the public at the place of the business of the licensee. ( Ord. No. 15-03-236 , § 1, 3-16-2015) Sec. 4-98. - Notice of change in management required. Page 12 If the manager of the licensed premises changes, the licensee must furnish the city treasurer's office with the name and address of the new manager and other information as may be required by the city council within ten days of such change. ( Ord. No. 15-03-236 , § 1, 3-16-2015) Sec. 4-99. - Transferability of license. (a) No alcoholic beverage license shall be transferable, except as otherwise provided in this section. (b) In case of the death of a licensee, the establishment shall be allowed to continue to sell or serve alcoholic beverages, or otherwise continue to operate with a BYOB license, in accordance with this chapter, for a period of 45 days from the date of death, or until the expiration of the license, or until approval of a new licensee, whichever shall first occur; provided that no sale or consumption of alcoholic beverages on the premises shall be allowed until such time as a personal representative of the estate, appointed by a probate court of competent jurisdiction, shall make an application for authorization with the city manager. (c) If a licensed establishment is sold to a new owner, the license of the establishment shall be immediately void. If a license is surrendered or a licensee severs his or her association with a licensed establishment but there is no change in ownership, the establishment may continue to sell or serve alcoholic beverages, or otherwise continue to operate with a BYOB license, in accordance with this chapter, for a period of 45 days from the date of surrender, or from the date determined by the city manager to be the date of severance; provided that no such establishment may sell or serve alcoholic beverages or otherwise operate pursuant to a BYOB License until such time as a new application for a license is made. The application shall indicate that no change of ownership has occurred, except as excepted in this section. Upon issuance of a new license, the authorization related to alcoholic beverages under the previous license shall be revoked by operation of law. No additional license fees shall be required during the period for which the original license was issued. (d) Nothing in this section, however, shall prohibit one or more of the partners holding a license to withdraw from the partnership in favor of one or more of the partners who were partners at the time of the issuance of the license. This section shall not prohibit transfer of stock between persons who held stock in the corporation at the time of issuance of the license nor shall it prohibit transfers of stock which do not result in any perso n increasing his or her stock holdings to a total of ten percent or more of any class of stock. (e) Except as provided in subsections (a) through (d) of this section, any change in the ownership of any entity owning a licensed establishment shall cancel a nd revoke any license pursuant to this chapter automatically, without the necessity of any hearing. (f) Violation of this section shall result in the revocation of the license being used and a fine on the new ownership and the old ownership as provided in this chapter. (g) No license will be issued to the old or the new owner in the city for one year from the date of the violation of this section. (h) Should a licensee make application to the city manager for a transfer of location and should such a transfer of a location be approved, with no change of ownership of the business, the license fee paid for the previous license shall be applied to the new location. Each applicant for a transfer of location shall pay a transfer fee as set forth from time to ti me by city council resolution. Page 13 ( Ord. No. 15-03-236 , § 1, 3-16-2015) Sec. 4-100. - Audits. (a) If the city manager deems it necessary to conduct an audit of the records and books of the licensee, he or she shall notify the licensee of the date, time and place of the audit. The city manager may designate the city's internal auditor or other designated person to perform any audit authorized in this Code. The licensee shall cooperate with the audit or forfeit any license issued under this chapter. (b) All establishments licensed under this chapter must maintain the following records for three years and make them available for audit at the licensed premises: (1) Monthly income or operating statements. (2) Daily sales receipts showing liquor, beer, wine and food sales separately (this requirement does not apply to package beer and wine licensees). (3) Daily cash register receipts such as Z Tapes or guest tickets. (4) Monthly state sales and use tax reports. (5) Federal income tax return with all Form 1099s. (c) The city manager can waive all or some of the requirements of subsection (b) of this secti on if the city manager finds that no such records exist and it is not financially practically -based on the net income of the licensed establishment to require them to keep such records. ( Ord. No. 15-03-236 , § 1, 3-16-2015) Sec. 4-101. - Expiration; renewal. (a) All licenses granted under this chapter shall expire on December 31 each year. Licensees shall be required to file a renewal application with the requisite fee with the city manager on the form provided for a new or renewal license for the ensuing year. (b) The applicant for renewal shall be required to comply with all r ules and regulations for the granting of licenses each year, including the submittal of the required data in order to meet criminal investigative compliance each renewal year. (c) Alcoholic beverage license renewal applications and payments are due on or before November 15 of each year. Renewal applications and payments received between November 16 and December 15 are subject to a ten-percent late fee. (d) Businesses failing to renew their alcoholic beverage licenses on or before December 15 must reapply for an alcoholic beverage license in which the application will be treated as if no previous license had been held, including the need to review the investigative, zoning, and distance requirements. Applicant shall pay the ten -percent penalty along with other fees associated with a new application. ( Ord. No. 15-03-236 , § 1, 3-16-2015) Sec. 4-102. - Automatic forfeiture of license for nonuse. (a) All holders of licenses under this chapter must within six months after the issuance of said license, open for business the establishment referred to in the license. Failure to open the licensed establishment within six months after the issuance of such license shall serve as cause Page 14 for the revocation of such license, and no refund of license fees shall be made to the license holder. A three-month extension to the six-month period may be granted by the city manager if requested within the said six-month period. (b) Any holder of any license under this chapter who shall for a period of three consecutive months after the license has been issued cease to operate the business and sale or service of the products authorized shall, after the three-month period, automatically forfeit the license without the necessity of any further action. ( Ord. No. 15-03-236 , § 1, 3-16-2015) Secs. 4-103—4-121. - Reserved. DIVISION 5. - ENFORCEMENT Sec. 4-122. - Suspension or revocation of license. (a) The term "due cause," for the purpose of suspension or revocation of a license means: (1) The violation of any laws or ordinances regulatin g the business; (2) The violation of any local, state or federal law; (3) Any reason which would authorize the city to refuse the issuance of a license; or (4) Any violation of this chapter. (b) No alcoholic beverage license having been issued shall be suspended or revoked except for due cause. (c) The city council shall be authorized to suspend or revoke an alcoholic beverage license or impose other penalties upon the licensee under the conditions set forth in this section. (d) Prior to suspending or revoking a license (except as provided in section 4-127 of this chapter), the city manager shall give at least ten days' prior written notice to the licensee of the time, place, and purpose of the hearing, and a statement of the charges upon which the hea ring before the city council shall be held in accordance with subsection (e) of this section. Service of such notice shall be by personal service on the registered agent by a city police officer or code enforcement officer. If personal service fails, the notice shall be mailed by certified mail to the registered agent at the address provided and to the named licensee at the licensed premises. Delivery shall be deemed to take place on the third day following deposit in the United States mail. (e) Sufficient grounds for the immediate suspension or revocation of a license, or the imposition of other penalties include, but are not limited to, the following: (1) A licensee has failed to open for business within six months after approval of the license. (2) A licensee has ceased to operate the business for a period of three consecutive months. (3) A licensee's state license or permit for the sale of alcoholic beverages has been revoked. (4) A licensee, or such licensee's employee or agent, has sold or served alcoholic beverages or allowed guests to bring their own alcohol to the premises during a period of suspension. (5) A licensee gave fraudulent or untruthful information in the original application or renewal process for an alcoholic beverage license. Page 15 (6) A licensee has failed to maintain any and all of the general qualifications applicable to the initial issuance of a license as set forth in this chapter. (7) A licensee, or such licensee's employee or agent, has been convicted or plead guilty or nolo contendere to a crime involving: a. Moral turpitude; b. Illegal gambling; c. Illegal possession or sale of controlled substances; d. Illegal possession or sale of alcoholic beverages (including the sale or transfer of alcoholic beverages and the sale or transfer of alcoholic beverages to minors in a manner contrary to law); e. Keeping a place of prostitution; f. Pandering; g. Pimping; h. Public indecency; i. Prostitution; j. Solicitation of sodomy; or k. Any sexual related crime. ( Ord. No. 15-03-236 , § 1, 3-16-2015) Sec. 4-123. - Enforcement of this chapter. (a) If a licensee violates any provision of this chapter, excluding sales or service to underage persons, serves or sells any alcoholic beverage to any person that the licensee or the licensee's employee or agent knew or should have known was in a state of intoxication, allows any individual to consume alcohol pursuan t to a BYOB License when the licensee or the licensee’s employee or agent knew or should have known such individual was in a state of intoxication, or failure of any licensee to pay any tax, license fee, fine or other amount due to the city under this chapter or any other licensing ordinance of the city shall subject the licensee to the following progressive actions by the city council, except for those violations and occurrences set forth in section 4-122 above that provide for immediate suspension or revocation upon notice and hearing: (1) The first violation in a 12-month period shall result in a mandatory hearing before the city council and a warning or a license suspension for a period of up to 30 days. (2) The second violation within a consecutive 12-month period shall result in a mandatory hearing before the city council and a license suspension for a period of up to 60 days. (3) The third violation within a consecutive 12 -month period shall cause the revocation of the license and result in a mandatory hearing before the city council and the inability of the licensee to obtain a license from the city for a term of three years from the date of revocation. (b) If a licensee or employee of such licensee is convicted for the violation of O.C.G.A. § 3 -3-23 or section 4-558 relating to the sale or service of alcoholic beverages to any person under 21 years of age, the following penalties shall apply. For purposes of this paragraph, a plea of nolo contendere or the forfeiture of bond shall constitute a conv iction. Page 16 (1) The first offense shall result in a mandatory hearing before the city council, a license suspension for a period of up to 30 days and a minimum fine in magistrate court of $500.00. (2) The second offense within a consecutive 24-month period shall result in a mandatory hearing before the city council, a license suspension for a minimum period between seven and 60 days, and a minimum fine in magistrate court of $750.00. (3) The third offense within a consecutive 24-month period shall result in a mandatory hearing before the city council, revocation of the license absent a showing of mitigating circumstances deemed sufficient in the discretion of the city council to allow retention of the license, and a minimum fine in magistrate court of $1,000.00. (c) For any license suspension of less than 30 days, the licensee will not be required to remove alcoholic beverages from the premises, but shall be required to secure with lock and chain all refrigeration units containing alcoholic beverages, and rem ove non-refrigerated alcoholic beverages to an on-premises locked storage area out of view of the public. (d) Nothing contained in this chapter shall be construed to preclude the city council from suspending or revoking an alcoholic beverage license or pouring permit for a period exceeding those periods as described in this section if the city council determines in their discretion that such action is necessary and in the best interest of the public health, safety and welfare of the city. (e) In addition to the available actions to be taken by the city council, individuals who violate this chapter shall be subject to criminal citation and prosecution by the city. Each violation of this chapter shall constitute a separate offense subject to a separate citat ion and penalties. The criminal penalties may result in a fine not to exceed $1,000.00, imprisonment not to exceed 60 days, or both. ( Ord. No. 15-03-236 , § 1, 3-16-2015) Sec. 4-124. - Hearing procedures on denial, suspension or revocation. (a) Applicants shall be given a hearing on the following grounds: (1) The application for a license or renewal of a license has been denied by the city manager. (b) Any denial of any such license or permit by the city manager shall be appealable to the city council by the applicant's filing a notice of appeal with the city manager or designee within 30 days of receiving notice of such denial. Any such appeal shall be subject to de novo review. A hearing before the city council shall be scheduled within 30 days following the receipt by the city manager or designee of the applicant's notice of appeal. (c) The decision of the mayor and council in the hearing provided for in this section shall be final unless the licensee applies to the Superior Court of Fulton County by filing a petition for a writ of certiorari within 30 days of the decision rendered by the council. ( Ord. No. 15-03-236 , § 1, 3-16-2015) Sec. 4-125. - Mitigating factors. The penalties for the licensee may be mitigated by the city council upon presentation of evidence that the licensee established practices and procedures to prevent the violation from occurring. Such mitigating factors may include: Page 17 (1) Whether the licensee conducts its own "secret shopper" or internal "sting" operations. (2) The degree to which the licensee has procedures in place to monitor its servers for compliance with the ordinance. (3) Whether the licensee enforces a zero-tolerance policy in which employees are terminated for any violation of this ordinance. (4) Other evidence demonstrating the licensee's efforts to comply with the ordinance and prevention of underage drinking in the licensed establishment and the community at large. ( Ord. No. 15-03-236 , § 1, 3-16-2015) Sec. 4-126. - Inspection of licensed establishment by police department. (a) Sworn officers of the police department shall have the authority to inspect establishments licensed under the city's alcoholic beverages ordinance during the hours in which the premises are open for business. These inspections shall be made for the purpose of verifying compliance with the requirements of this chapter and state law. (b) This section is not intended to limit the authority of any other city officer to conduct inspections authorized by other provisions of this ordinance. ( Ord. No. 15-03-236 , § 1, 3-16-2015) Sec. 4-127. - Emergency suspension of sales. The city manager and chief of police are each authorized to suspend the sale of alcoholic beverages under any license for any emergency situation when it deems such suspension necessary for the protection of the public health, safety or welfare. Such suspension may be made effective immediately and shall remain in force until the city manager or chief of police determine the emergency is over or until the next meeting of the city council, at which time the mayor and city council shall decide whether the suspension shall cease or be extended. ( Ord. No. 15-03-236 , § 1, 3-16-2015) Sec. 4-128. - Licensee and employees to be familiar with terms. Each alcoholic beverage dealer licensed under this chapter shall keep a copy of this chapter in the licensed premises and shall instruct any person working there with respect to the terms of this chapter; and each licensee, the licensee's agents and employe es selling alcoholic beverages shall at all times be familiar with the terms of this chapter. ( Ord. No. 15-03-236 , § 1, 3-16-2015) Secs. 4-129—4-166. - Reserved. ARTICLE III. - TEMPORARY AND SPECIAL EVENT POURING LICENSES Sec. 4-167. - Temporary licenses. Page 18 (a) Authority. The city manager is hereby authorized to issue temporary licenses for the sale of alcoholic beverages, either malt beverages, wine and/or distilled spirits, subject to the conditions set forth in this section. (b) Not to exceed 60 days; requirements. Temporary licenses may be issued for such period as may be determined by the city manager, not to exceed 60 days. No such license shall be issued unless: (1) An application for a permanent license is filed with the city manager and payment in full of the fee thereof has been deposited with the city. (2) The city manager is satisfied that the location for the proposed license substantially complies with the provisions of this section authorizing such license in the city. (3) The denial of a temporary license would create undue hardship upon the applicant, such as the closing of an existing business or delaying of the opening of a new business. (4) There is an agreement by the applicant that the temporary license may be revoke d, with or without cause, by the city manager at any time. (c) Fee. The fee for issuance of a temporary license under this section shall be established from time to time by the city council. (d) No bearing on decision for permanent license. The grant or denial of a temporary license under the provisions of this section shall not affect or have any bearing upon the grant or denial of a permanent license. ( Ord. No. 15-03-236 , § 1, 3-16-2015) Sec. 4-168. - Special event pouring permit. (a) For currently licensed consumption-on-premises establishments. A special event pouring permit may be issued to any establishment duly licensed by the city t o sell alcoholic beverages for consumption on the premises to allow such establishment to sell alcoholic beverages for consumption within the fixed boundaries of the physical area where a special event is held; provided the term of such permit shall not exceed ten days in any one year for an approved special event. The licensee must submit an application and pay the non - refundable fee that may be required from time to time by ordinance and, in relation to the special event pouring permit, shall be required to comply with all of the general ordinances and the licensing and regulations associated with its consumption on premises license with the exception of the full service kitchen requirement. Notwithstanding any other term or prohibition in this article, the holder of the special event pouring permit may be authorized, upon terms and conditions identified by the city manager, to pour alcohol at the special event and allow open container consumption within the fixed boundaries of the physical area where the special event is to be held. The special event must meet the following criteria prior to the issuance of a license to sell alcoholic beverages: (1) The event must have been permitted as an approved special event, as described in section 64-1596 prior to the issuance of a special event pouring permit. (2) The special event must receive approval from the city police department on crowd control and security measures. (3) The special event must receive approval from the city public works department on traffic control measures. Page 19 (b) For non-profit civic organizations. A special event pouring permit may be issued to any bona fide non-profit organization for a period not to exceed ten days in any one year for an approved special event. The person must submit an application and pay the nonrefundable fee that may be required from time to time by ordinance and shall be required to comply with all of the general ordinances and the licensing and regulations for a consumption on the premises establishment with the exception of the full-service kitchen requirement. Notwithstanding any other term or prohibition in this article, the holder of a special event pouring permit may be authorized, upon terms and conditions identified by the city manager, to pour alcohol at the special event and allow open container consumption within the fixed boundaries of the physical area where the special event is to be held. In the event that open container consumption is so authorized within the fixed boundaries of the physical area where the special event is to be held, any other holder of an on -premises consumption license whose licensed premises is located entirely within the fixed boundary of the special event site shall likewise be authorized to allow open container alcohol consumption within the special event boundary. This open container consumption accommodation shall only be authorized, if at all, during the term of the special event. Any employee or volunteer of the special event licensee, working the special event in any position dispensing, selling, serving, taking orders or mixing alcoholic beverages shall not be required to obtain a pouring permit for the special event. The special event must meet the following criteria prior to the issuance of a license to sell alcoholic beverages: (1) The event must have been permitted as an approved special event, as described in section 64-1596, prior to the issuance of a special event permit. (2) The special event must receive approval from the city police department on crowd control and security measures. (3) The special event must receive approval from the city public works department on traffic control measures. (4) The special event must be associated with and benefit the cause of a charitable or civic organization. (c) Not to be issued for brown bagging. Brown bagging is not allowed at any special event as defined in this chapter. (d) Police chief's authority to revoke. The police chief or his or her designee may immediately revoke any temporary license for a special event if it is determined continued alcohol sales may endanger the health, welfare or safety of the public. (e) Indemnification required. As a condition on the issuance of a special event pouring permit, the licensee shall indemnify and hold the city harmless from claims, demand or cause of action which may arise from activities associated with the special event. ( Ord. No. 15-03-236 , § 1, 3-16-2015) Secs. 4-169—4-177. - Reserved. ARTICLE IV. - RETAIL PACKAGE SALES DIVISION 1. - GENERALLY Page 20 Secs. 4-178—4-187. - Reserved. DIVISION 2. - MALT BEVERAGES AND WINE Sec. 4-188. - Type of retail establishment. No packaged beer, wine or malt beverage shall be sold at retail except in: (1) Establishments duly licensed by the city to sell packaged beer, malt beverages and/or wine; or (2) Establishments maintaining 50 percent of the floor space and storage area in a manner which is devoted principally to the retail sale of grocery products an d located in zoning districts in which these establishments are permitted as a conforming use or in districts where existing establishments exists as a non-conforming use. ( Ord. No. 15-03-236 , § 1, 3-16-2015) Sec. 4-189. - Hours and days of operation. (a) Retail package licensees shall not engage in the sale of beer or malt beverages and/or wine except between the hours of 7:00 a.m. and 12:00 midnight Monday through Saturday and on Sundays between the hours of 12:30 p.m. and 11:30 p.m. (b) Retail package beer and/or wine shall not be sold at any time in violation of any local ordinance or regulation or of any special order of the governing authority. ( Ord. No. 15-03-236 , § 1, 3-16-2015) Sec. 4-190. - Use of tags or labels to indicate prices. Retailers shall indicate plainly, by tags or labels on the bottles or containers or on the shelf immediately below where the containers are placed, the prices of all beer and wine exposed or offered for sale. ( Ord. No. 15-03-236 , § 1, 3-16-2015) Sec. 4-191. - Single cans/bottles or other containers permitted for sale. Single cans or bottles or other containers of alcoholic beverages may be sold at retail. ( Ord. No. 15-03-236 , § 1, 3-16-2015) Sec. 4-192. - Growlers. (a) The sale of growlers is authorized in establishments authorized to sell beer, malt beverages, and wine by the package, but shall not occur in establishments that also sell distilled spirits by the package. (b) The filling of growlers by means of a tapped keg shall not constitute the breaking of a package as contemplated by O.C.G.A. § 3-3-26 or this section. Page 21 (c) Growlers may only be filled from kegs procured by the licensee from a duly licensed wholesaler. (d) Only professionally sanitized and sealed growlers may be filled and made available for retail sale. (e) Each growler must be securely sealed and removed from the premises in its original sealed condition. (f) Consumption on the premises is strictly prohibited; however, samples of beers available fo r sale in a growler may be made available, but shall not exceed two ounces, and no customer shall consume more than eight ounces in any two-hour period. ( Ord. No. 15-03-236 , § 1, 3-16-2015) Sec. 4-193. - Ancillary wine and malt beverage tasting. (a) The holder of a wine-only, malt-only, or wine and malt package store license, shall be eligible for an ancillary wine and/or malt tasting license to provide samples of wine and/or malt offered for sale to customers under the conditions set forth in this section. (b) Sampling shall be on limited occasions when a customer requests a sample of a wine and/or malt offered for sale within the premises or in conjunction with education classes and sampling designed to promote wine and/or malt appreciation and education. (c) Wine and/or malt tasting for customers shall only be conducted at a counter area constituting no more than ten percent of the entire floor area of the premises. (d) Wine and/or malt sampling for customers shall not exceed two ounces, and no customer shall consume more than eight ounces in any two-hour period. (e) Wine and/or malt bottles shall be opened only by the licensee or an employee, and samples shall only be poured by the licensee and/or an employee. (f) No open containers of wine and/or malt shall be removed from the licensed premises. (g) The holder of an ancillary wine and/or malt tasting license may conduct educational classes and sampling for classes. All conditions of sampling set forth in this section shall apply to such classes, except for the limitation on floor areas where the classes can be conducted. (h) Holders of an ancillary wine and/or malt tasting permit shall not charge for samples or tastings, but may accept donations for a charitable organization of their choice. (i) Wine and/or malt sampling and tasting is permitted within the enclosed portion of the premises. Wine and/or malt sampling and tasting may be allowed in open areas, sidewalks, decks, patios, or similar unenclosed spaces on or about the premises of an establishment if written application is made to and approved by the city manager, or his or her designee, under such conditions as the city manager, or his or her designee, may deem appropriate for the protection of public health, safety and welfare including, but not limited to, maximum capacity, ingress and egress. The provisions of this article shall not be deemed to abrogate or otherwise impact any state law or local ordinance pertaining to public drunkenness, disorderly conduct, or similar laws. (j) Wine and/or malt tastings are permitted Monday through Saturday, from 9:00 a.m. until 9:00 p.m., and Sunday from 12:30 pm. until 9:00 p.m. (k) There will be an annual fee to obtain an ancillary wine and/or malt tasting permit as set forth from time to time by the city council. Page 22 ( Ord. No. 15-03-236 , § 1, 3-16-2015) Secs. 4-194—4-210. - Reserved. DIVISION 3. - DISTILLED SPIRITS Sec. 4-211. - Type of retail establishment. (a) No distilled spirits by the package shall be sold at retail except in: (1) Retail establishments devoted exclusively to the retail sale of alcoholic beverages by the package; (2) Retail establishments in which space has been set aside devoted exc lusively to the retail sale of distilled spirits by the package, with ingress and egress provided directly to and only to the exterior of the building in which the facility is located and not to any other enclosed part of the building in which the facility is located. (b) Nothing in this section shall prohibit the retail sale within these establishments of liquid commodities and mixes normally used in the preparation and serving of distilled spirits. ( Ord. No. 15-03-236 , § 1, 3-16-2015) Sec. 4-212. - Distance requirement. (a) No retail package liquor licensed place of business shall be licensed to operate within 500 yards of any other business licensed to sell package liquor at retail, as measured by the most direct route of travel on the ground. (b) The distance provision shall not apply to any hotel licensed under this chapter. (c) The restriction provided for in this section shall not apply to any location (i) for which a license has been issued prior to July 1, 1997, nor the renewal of such license or (ii) for which a new license is applied for if the sale of distilled spirits was lawful at such location at any time during the 12 months immediately preceding such application. ( Ord. No. 15-03-236 , § 1, 3-16-2015) Sec. 4-213. - Hours and days of operation. (a) Retail package licensees shall not engage in the sale of distilled spirits except between the hours of 7:00 a.m. and 12:00 midnight Monday through Saturday and on Sundays between the hours of 12:30 p.m. and 11:30 p.m. (b) Retail package distilled spirits shall not be sold at any time in violation of any local ordinance or regulation or of any special order of the governing authority. ( Ord. No. 15-03-236 , § 1, 3-16-2015) Sec. 4-214. - Use of tags or labels to indicate prices. Retailers shall indicate plainly, by tag or labels on the bottles or containers or on the shelf immediately below where the bottles or containers are placed, the prices of all distilled spirits Page 23 exposed or offered for sale. The retailer shall not display prices or brand names in such a way as to be visible from the outside of the establishment. ( Ord. No. 15-03-236 , § 1, 3-16-2015) Secs. 4-215—4-221. - Reserved. DIVISION 4. - SPECIALTY GIFT SHOPS Sec. 4-222. - General provisions. (a) Notwithstanding any other provision of this chapter to the contrary, a limited exception to the provisions of section 4-188 shall exist for the owners of specialty gift shops provided that the owner shall first obtain a specialty gift shop alcohol permit as hereinafter provided and the only sale of alcohol by the owner is through the sale of gift items, as described in the definition of "specialty gift shop" provided in section 4-1, and not for consumption on the premises. (b) All persons desiring to engage in activities permitted by this section shall submit a written application to the city manager for a specialty gift shop alcohol permit on forms prescribed by the city. All applications shall be accompanied by the payment of the fee as set forth from time to time by the city council. If the application is denied, or if the applicant withdraws the application prior to its approval, any sums deposited as license fees will be refunded (without interest) less applicable processing fees for completed tasks. The application shall include the name and address of the applicant, the address of the business location, and the name and address of the manager. If the manager changes, the applicant must furnish the city manager with the name and address of the new manager and any other information, as requested, within ten days of such change. The applicant must meet the character requirements of this article. All applications shall be sworn to by the applicant before a notary public or other officer authorized to administer oaths. (c) Any untrue or misleading information contained in, or material statement omitted from, an original or renewal application for a specialty gift shop alcohol permit shall be cause for the denial or revocation thereof. (d) Except as set forth in this section, a holder of a specialty gift shop alcohol permit must comply with all eligibility requirements set forth in this chapter and in state and federal law. ( Ord. No. 15-03-236 , § 1, 3-16-2015) Secs. 4-223—4-230. - Reserved. ARTICLE V. - SALES FOR CONSUMPTION ON PREMISES DIVISION 1. - GENERALLY Sec. 4-231. - Locations where permitted (a) No alcoholic beverages may be sold by the drink for consumption on the premises where sold except: Page 24 (1) In eating establishments regularly serving prepared food, with a full -service kitchen (as defined in section 4-1), prepared to serve food every hour they are open; or (2) At a publicly-owned golf course; or (3) At establishments holding Limited Tap Licenses. (b) This section shall not apply to private clubs or establishments that solely allow brown bagging. ( Ord. No. 15-03-236 , § 1, 3-16-2015) Sec. 4-232. - Hours and days of sale. Alcoholic beverages for consumption on premises shall be permitted only during the following hours and days of the week, as indicated: (a) Eating establishment (1) Monday through Saturday, from 9:00 a.m. until 2:00 a.m. of the following day. (2) Sunday from 12:30 p.m. until 2:00 a.m. of the following day; provided, however, any licensed establishment which serves alcohol on Sunday shall derive at least 50 percent of its total annual gross sales from the sale of prepared food or meals. (3) All licensed premises shall close their premises to the public and clear the premises of patrons within 30 minutes after the time set in this section for discontinuance of the sale of alcoholic beverages on the premises. (4) The licensed business shall open its business each day it is open by not later than 5:00 p.m. This section shall not apply to private club. (b) Incidental License, Limited Tap Licenses, Brown Bag License, and/or BYOB License (1) Permitted Monday through Saturday, from 9:00 a.m. until 9:00 p.m., and Sunday from 12:30 pm. until 9:00 p.m. ( Ord. No. 15-03-236 , § 1, 3-16-2015) Sec. 4-233. - Promotions and sales. (a) No licensee or employee or agent of a licensee, in connection with the sale or other disposition of alcoholic beverages for consumption on the premises, shall: (1) Offer or deliver any free alcoholic beverage to any person or group of persons. (2) Deliver more than two alcoholic beverages to one person at a time, however, nothing herein shall prohibit a brewpub from offering a sampler of malt beverages in containers not exceeding four ounces. Each sampler shall not exceed four different types of malt beverages. (3) Sell, offer to sell, or deliver to any person or group of persons any alcoholic beverage at a price less than 50% of the price regularly charged for such alcoholic beverage during the same calendar week, except at private functions not open to the public. (4) Sell, offer to sell, or deliver to any person or group of persons an unlimited number of alcoholic beverages during any set period of time for a fix ed price, except at private functions not open to the public. Page 25 (5) Sell, offer to sell, or deliver to any person or group of persons any alcoholic beverages on any one day at prices less than those charged the general public on that day, except at private functions not open to the public. (6) Sell, offer to sell, or deliver alcoholic beverages, including malt beverages, in any container which holds more than 32 fluid ounces (0.947 liters), except to two or more persons at any one time. (7) Increase the volume of alcohol contained in a drink without increasing proportionately the price regularly charged for such alcoholic beverage during the same calendar week. (8) Encourage or permit on the licensed premises any game or contest which involves the drinking of alcoholic beverages or the awarding of alcoholic beverages as a prize. (9) Offer alcohol beverage discounts at any times except between the hours of 4:30 p.m. and 7:30 p.m. Monday – Sunday. This section shall not apply to Incidental Licenses. (b) Each licensee shall maintain a schedule of the price charged for all alcoholic beverages to be served and consumed on the licensed premises or in any room or part thereof. The schedule of prices shall be posted in a conspicuous manner so as to be in view of t he paying public, and the schedule shall be effective for not less than one calendar week. (c) No licensee shall advertise or promote in any way, whether within or without the licensed premises, any of the practices prohibited under this section. (d) No provision of this section shall be construed to prohibit licensees from: (1) Offering free food or entertainment at any time; (2) Including an alcoholic beverage as part of a meal package; or (3) Selling or delivering wine by the bottle or carafe when sold with meals or to more than one person. (e) It is the intent of this section to limit activities typically associated with promotion referred to as "happy hour" or similarly designated promotions. (f) The police department shall have the responsibility for the enforcement of this chapter. (g) No licensee may require the purchase of any alcoholic beverage as a part of or prerequisite to the purchase of any other product or service. If alcoholic beverages are included as part of a package of other goods and services, the alcoholic beverages must be priced separately and all customers must be allowed to purchase the remaining goods and services without the alcoholic beverages at a price from which the full price of the alcoholic beverages has been deducted, provided, however, that this section shall not apply to Incidental Licenses. (h) It shall be unlawful for any sales to be made outside of area on or about the premises, or place of business licensed for such sale except as permitted herein. (i) It shall be unlawful for any person except a licensee, his or her manager, or agent in charge of the licensed premises, to carry into or have in his or her possession on any licensed premises, any alcoholic beverages in the original package the seal of which has been broken or the original package opened; provided that this section shall not apply to private clubs or establishments with a BYOB License. ( Ord. No. 15-03-236 , § 1, 3-16-2015) Page 26 Sec. 4-234. - Store inventory only on premises. No retail consumption dealer licensed under this chapter shall keep any alcoholic beverage at any place except the licensed place of the business. No retail consumption dealer shall be permitted to enter into any type of arrangement whereby alcoholic beve rages ordered by a licensee are stored by a licensed wholesaler. ( Ord. No. 15-03-236 , § 1, 3-16-2015) Sec. 4-235. - Pouring permits required. The following regulations shall apply to all establishments holding a license for consumption of alcoholic beverages on the premises, including establishments holding an Incidental License, BYOB License, or Limited Tap Licenses: (1) No person shall be employed to dispense, sell, serve, take orders, mix alcoholic beverages, or serve in any managerial position, by an establishment holding a license under this chapter until such person has been cleared by the chief of police or his or her designee, indicating that the person is eligible for such employment. (2) This section shall not be construed to include volunteer groups with nonprofit tax exempt status from the Internal Revenue Service whose volunteer efforts finan cially benefit a nonprofit organization with no direct financial benefit, either by wages, tips or donations, to the individual volunteer. No volunteer under the age of 18 years shall be allowed to dispense, sell, serve, take orders or mix alcoholic bevera ges. Employees of a licensed establishment whose duties are limited solely to those of busboy, cook, or dishwasher shall also be excluded from this section. (3) No pouring permit shall be issued until such time as a signed application has been filed with the city police department and upon paying a fee which shall be established by the mayor and city council, and a search of the criminal record of the applicant completed. The application shall include, but not be limited to, name, date of birth, and social security number. These applications and the resulting criminal investigative report shall be regarded as confidential and shall not be produced for public inspection without a court order. (4) The chief of police or his or her designee shall have a compl ete and exhaustive search made relative to any police record of the applicant. If there is no record of a violation of this chapter, the chief of police or his or her designee shall approve the issuance of a permit to the person, stating that the person is eligible for employment. If it is found that the person is not eligible for employment, the chief of police or his or her designee shall notify the person, in writing, that they are not eligible for employment, the cause of such denial and their right to appeal. (5) Crimes preventing the possession of a pouring permit: a. The applicant shall submit to fingerprinting as part of a background investigation by the city police department in connection with the application for the permit. No person shall be granted a pouring permit who has, within five years of the date of applying for a pouring permit, been convicted of or pled guilty or entered a plea of nolo contendere to any crime involving: 1. Moral turpitude; 2. Illegal gambling; 3. Illegal possession or sale of controlled substances; Page 27 4. Illegal possession or sale of alcoholic beverages (including the sale or transfer of alcoholic beverages to minors in a manner contrary to law); 5. Keeping a place of prostitution; 6. Pandering; 7. Pimping; 8. Public indecency; 9. Prostitution; 10. Solicitation of sodomy; or 11. Any sexual related crime. Or, at the time of applying for a pouring permit, is then on parole or probation for any of the criminal offenses identified in this subsection. b. No person shall be granted a pouring permit who has been convicted, plead guilty or entered a plea of nolo contendere to any federal, state, or local law for any felony within five years of the date of conviction and has not been released from parole or probation prior to the filing for application for such permit. For purposes of this chapter, a conviction or plea of guilt or nolo contendere shall be ignored as to any offense for which defendant who was allowed to avail himself or herself of the state first offender provisions, O.C.G.A. § 48-8-98 et seq. Except, however, that any such offense shall not be ignored where the defendant violated any term of probation imposed by the court granting first offender treatment or committed another crime and the sentence in court entered an adjudication of guilt as to the crime for which the defendant had previously been sentenced as a first offender. (6) An alcoholic beverage pouring permit shall be issued for a period of one calendar year from the date of the original application and shall be valid for use at any licensed establishment. As noted in subsection (l) of this section, the alcoholic beverage pouring permit must be in the possession of the employee while the employee is working at the licensed establishment and shall be available for inspection by members of the police department or the city manager's staff. (7) Reserved. (8) No person shall be issued a permit if it is determined that the person falsified, concealed or covered up any material fact by any device, trick or scheme while making application to the city for an alcoholic beverage pouring permit under this section. If it is determined that a person is in violation of this subsection and a permit is denied for this reason, then 30 calendar days must elapse from the date of notification per certified mailing before a new application and fee may be resubmitted. (9) All permits issued through administrative error can be terminated and seized by the chief of police or his or her designee or the city manager or his or her designee. (10) A replacement permit will be issued within 30 days of the original date, upon paying one- half of the fee charged for an original alcoholic beverage pouring permit. After 30 days of original application date, a new application and fee must be submitted. (11) All permits issued under this chapter remain city property and shall be produced for inspection upon demand of any city police officer or code enforcement officer. (12) No licensee shall allow any employee or manager required to hold a permit to work on the premises unless the employee or manager has in his or her possession a current valid Page 28 city pouring permit. For new employees, an application for a permit must be made within five calendar days of date of initial employment. Licensees are required by this chapter to inspect and verify that each employee has in his or her p ossession a valid city alcoholic beverage pouring permit. (13) Any person convicted of any violation of this section shall receive a fine or license suspension or revocation as defined in section 4-123 of this chapter. ( Ord. No. 15-03-236 , § 1, 3-16-2015) Sec. 4-236. - Reserved Sec. 4-237. - Licensee to provide list of all employees involved with sale and/or h andling of alcoholic beverages. It shall be the duty of the licensee to file with the city a list of the names, license numbers, addresses and telephone numbers of all present and prospective employees who are involved with the sale and/or handling of alcoholic beverages. The list is due twice annually during the month of June and again during the month of December. ( Ord. No. 15-03-236 , § 1, 3-16-2015) Sec. 4-238. - Open area and patio sales regulations. The consumption and/or sale of alcoholic beverages may be allowed in open areas, sidewalks, decks, patios or similar unenclosed spaces on or about the premises of an establishment licensed to sell alcohol for consumption on the premises if written application is made to and approved by the city manager, or his or her designee, under such conditions as the city manager, or his or her designee, may deem appropriate for the protection of public health, safety and welfare including, but not limited to, maximum capacity, ingress and egress. the provisions of this article shall not be deemed to abrogate or otherwise impact any state law or local ordinance pertaining to public drunkenness, disorderly conduct, or similar laws. ( Ord. No. 15-03-236 , § 1, 3-16-2015) Sec. 4-239. – Limited consumption on premises licenses. (a) Brown Bagging License. (1) Except as allowed by O.C.G.A. § 3-6-4, "Removal of partially consumed bottle of wine from premises," or article IX of this chapter, it is prohibited for customers with open alcoholic beverages to leave the area on or about the premises of an establishment licensed to sell alcohol for consumption on premises, and it is the licensee's responsibility to ensure that no open beverages purchased at the establishment are carried beyond that area. In the event of brown bagging in accordance with this chapter, a partially consumed bottle of wine must be sealed by the licensee or other permitted employee prior to removal from the premises and transported in accordance with O.C.G.A. § 40 -6- 253, "Consumption of alcoholic beverage or possession of open cont ainer of alcoholic beverage in passenger area." However, nothing in this section shall be construed to prohibit the carrying out of wine or malt beverages for consumption at a publicly owned or privately owned golf course. Page 29 (2) No entity may allow brown bagging without a license, and brown bag licensees must post notice stating "A partially consumed bottle of wine must be sealed by the licensee or other permitted employee prior to removal from the premises and transported in accordance with O.C.G.A. § 40-6-253” in a conspicuous place at the main exit of the establishment. (b) Limited Tap License (1) A Limited Tap License is required for establishment that: (a) Does not sell food; (b) Is limited to four beer kegs; those kegs must be from breweries located no further than 50 aerial miles from the establishment; (c) May sell beer Monday thought Saturday, from 9:00 a.m. until 9:00 p.m. and Sunday from 12:30 p.m. until 9:00 p.m.; (d) Shall not allow consumption by any individual to exceed 48 ounces within a calendar day; (e) Gains approval from the Fire Marshall and Building Official in accordance with applicable codes. (2) An establishment must obtain a Limited Tap License. (c) Incidental License (1) An Incidental License is required for establishment that: (a) Does not sell food; (b) Cannot charge for alcohol; (c) May serve wine and beer Monday thought Saturday, from 9:00 a.m. until 9:00 p.m. and Sunday from 12:30 p.m. until 9:00 p.m.; (d) Shall not allow consumption by any individual to exceed 16 ounces of wine or 24 ounces of beer within a calendar day; (e) Is limited to wine and beer; (f) Alcohol expenses shall not exceed 2% of gross receipts; (g) Any provisions within this chapter that refer to sales shall apply. (2) An establishment must obtain an Incidental License. (d) Bring Your Own Beverage (BYOB) License (1) A Bring Your Own Beverage License is required for establishment that: (a) Notwithstanding any other contrary provision of this chapter, any restaurant which is licensed to sell wine and beer for consumption on the premises may permit a patron to bring into the restaurant unopened wine and beer for consumption on the premises if the patron purchases a meal and con sumes a portion of the bottle of wine or beer during the meal on the restaurant's premises. Should the patron wish to take the unfinished portion of the bottle of wine from the premises, such bottle of wine shall be resealed by the licensee or other permitted employee prior to removal from the premises and transported in accordance with O.C.G.A. § 40-6-253; (b) The restaurant must establish a policy for permitting this practice and may in its own discretion charge a corkage fee. Nothing in this section shal l be deemed to require a restaurant to establish such a policy. Page 30 (b) Permitted Monday thought Saturday, from 9:00 a.m. until 9:00 p.m. and Sunday from 12:30 p.m. until 9:00 p.m. (2) An establishment must obtain a Bring Your Own Beverage License. ( Ord. No. 15-03-236 , § 1, 3-16-2015) Sec. 4-240. - Physical requirements of premises. (a) The licensed premises shall be kept clean and shall b e in full compliance with all city regulations governing the conditions of the premises. (b) The licensee is required to maintain the exterior of the licensed premises, parking lot and all parts of the premises abutting public rights-of-way during all hours the business is open and to do an inspection of the premises within three hours after closing. The term "maintain" means keeping the defined areas free of bottles, cans, cups, trash and other litter. (c) All lounge and restaurant areas, including all t ables, booths, and other areas where customers are served and including all passageways for customers, shall be kept clean and shall be sufficiently well illuminated so that they may be viewed by those on or about the premises. (d) The Fulton County Health Department shall regularly inspect such licensed premises to determine that such licensed premises are in compliance with all Fulton County and state health rules and regulations and report any violations to the city manager or his or her designee. (e) City fire personnel shall regularly inspect the premises to see that they are in compliance with all city, Fulton County and state fire regulations and report any violation to the city manager or his or her designee. (f) The city community development department shall regularly inspect the licensed premises to determine if the premises are in compliance with all technical codes of the city and Fulton County and report any violation to the city manager or his or her designee. (g) City police personnel shall periodically inspect the premises to determine if the licensed premises are in compliance with all provisions of this chapter and report any violation to the city manager or his or her designee. ( Ord. No. 15-03-236 , § 1, 3-16-2015) Sec. 4-241. - Contents of bottles. It shall be unlawful for licensees hereunder to add to the contents of a bottle or to refill empty bottles or in any other manner to misrepresent the quantity, quality or brand name of any alcoholic beverage. ( Ord. No. 15-03-236 , § 1, 3-16-2015) Sec. 4-242. - Indication of prices. Page 31 All licensees hereunder, except private clubs, shall display in prominent places or on their menus, their current prices of alcoholic beverages by the drink. The licensee shall furnish to any customer that so desires an itemized bill of charges which shall not exceed the established price list. The city manager or his or her designee shall regularly inspect the records of all sales of alcoholic beverages for consumption on the premises and the total sales to determine that the licensee is in compliance with this article. ( Ord. No. 15-03-236 , § 1, 3-16-2015) Sec. 4-243. - Conflicts with wholesaler or manufacturer prohibited. No financial aid or assistance to any licensee hereunder from any wholesaler or manufacture of wine or malt beverages or other alcoholic beverages shall be permitted. ( Ord. No. 15-03-236 , § 1, 3-16-2015) Sec. 4-244. - Solicitation prohibited. No establishment licensed under this chapter shall require, permit, suffer, encourage, or induce any employee or person to solicit in the licensed pre mises for himself or herself, or for any person other than the patron and guest of the patron, the purchase by the patron of any drink, whether an alcoholic beverage or nonalcoholic beverage or money with which to purchase the beverage; nor shall any licensee pay a commission or any other compensation to any person frequenting his or her establishment or to his or her agent or manager to solicit for himself or herself or for the others, the purchase by the patron of any drink, whether an alcoholic beverage or nonalcoholic beverage or money with which to purchase the beverage. ( Ord. No. 15-03-236 , § 1, 3-16-2015) Sec. 4-245. - Retail consumption dealers also licensed as retail package dealers. Retail consumption dealers may, subject to the provisions of this section, obtain a wine and/or beer package license for sales of wine or beer sealed in the original package. The following shall apply to retail consumption dealers who are also licensed as retail package dealers: (1) Except as provided in O.C.G.A. § 3-6-4, no retail consumption dealer shall sell wine by the package for consumption off premises unless such licensee also obtains a license fo r wine package sales; (2) Retail consumption dealers may, subject to the provisions of this section, obtain a wine and/or beer package license for sales of wine and/or beer sealed in the original package; (3) Wine and/or beer bottles for consumption off the premises sold in connection with this section shall be labeled in accordance with section 4-190; (4) Wine sold by the package in original, sealed containers shall not be opened or unsealed and, thereafter, removed from the premises, unless a portion of its contents are consumed on the premises and such package is resealed pursuant to O.C.G.A. § 3-6-4; (5) Wine and/or beer sales by the package pursuant to this section shall be sold during the hours as indicated in section 4-189; Page 32 (6) Sales of wine and/or beer by the package pursuant to this section may only be processed by employees permitted by licensee and this Code to sell alcoholic beverages; (7) Pursuant to Ga. Comp. Rules and Regs. 560-2-3-.15, nothing is this section shall authorize, permit, or otherwise allow a retail consumption dealer to obtain a license as a retail package dealer for the sale of distilled spirits. (8) Pursuant to Ga. Comp. Rules and Regs. 560-2-3-.15, retail consumption dealers shall not sell beer or wine by the package for carryout purposes: a. On any day or at any time when the sale of package beer or wine for carryout purposes is otherwise prohibited by law; or b. At any location which is within distances to grounds or buildings where the sale of alcoholic beverages for carryout purposes is otherwise prohibited by law. Except as otherwise provided by this Code, this section shall not apply to licensees for special events, brewpubs, private clubs, temporary licensees, or any establishment not otherwise licensed for consumption on the premises except eating establishments regularly serving prepared food, with a full-service kitchen (as defined in section 4-1), prepared to serve food every hour they are open. ( Ord. No. 16-01-267 , § 3, 1-4-2016) Secs. 4-246—4-253. - Reserved. DIVISION 2. - BREWPUBS Sec. 4-254. - General provisions. (a) A brewpub license authorizes the holder of such license to: (1) Manufacture on the licensed premises not more than 5,000 barrels of beer in a calendar year solely for retail on the premises and solely in draft form in an open container; (2) Operate a restaurant that shall be the sole retail outlet for such beer. Such outlet may offer for sale any other alcoholic beverages produced by other manufacturers which are separately authorized for consumption on the premises by this a rticle, including wine, distilled spirits, and malt beverages, provided that such alcoholic beverages are purchased from a licensed wholesaler for consumption on the premises only; and, provided, further, that in addition to draft beer manufactured on the premises, each brewpub licensee shall offer for sale commercially available canned or bottled malt beverages from licensed wholesalers for consumption on the premises only; and (3) Notwithstanding any other provision of this section, sell up to a maximum of 500 barrels annually of such beer to licensed wholesale dealers for distribution to retailers and retail consumption dealers. (b) Possession of a brewpub license shall not prevent the holder of such license from obtaining another license authorized under this chapter for the same premises. (c) A brewpub license does not authorize the holder of such license to sell alcoholic beverages at retail by package for consumption off the premises. Page 33 (d) A brewpub licensee shall not offer or permit any free sampling of beer by its customers on the premises. (e) A brewpub licensee shall pay all state and local license fees and excise taxes applicable to individuals licensed as manufacturers, retailers, and, where applicable, wholesalers. (f) Except as set forth in this section, a brewpub license holder shall be subject to all provisions of this chapter. ( Ord. No. 15-03-236 , § 1, 3-16-2015) Secs. 4-255—4-276. - Reserved. DIVISION 3. - PRIVATE CLUBS Sec. 4-277. - General provisions. (a) Private clubs may sell and dispense alcoholic beverages upon compliance with all applicable city ordinances and regulations governing the sale of such beve rages and upon payment of such license fees and taxes as may be required by the existing ordinances, rules and regulations of the city. (b) No alcoholic beverage license shall be granted to a private club organized or operated primarily for the selling or serving of alcoholic beverages. (c) Veterans' organizations, fraternal organizations, and other nonprofit organizations currently having tax exempt status under either the United States Internal Revenue Code or the state income tax law shall not be required to operate a food establishment serving prepared food. However, any such organization selling or dispensing alcoholic beverages, or allowing brown bagging, shall be subject to all ordinance regulations dealing with general licensing and consumption on the premises establishments. ( Ord. No. 15-03-236 , § 1, 3-16-2015) Secs. 4-278—4-296. - Reserved. DIVISION 4. - HOTEL AND HOTEL IN-ROOM SERVICE Sec. 4-297. - General provisions. (a) A hotel is eligible to obtain a consumption on the premises only if the following requirements are met. The hotel must: (1) Be used and held out to the public as a place where food is served and consumed and sleeping accommodations are offered to guests for adequate pay; (2) Contain 50 or more rooms used for the sleeping accommodations of guests; and (3) Contain one or more public dining rooms, with adequate and sanitary full -service kitchen facilities. Page 34 (b) A hotel may consist of a single buildi ng or may consist of two or more buildings located on the same premises and used in connection with the hotel operation. (c) A facility which is styled as a motel, motor lodge, inn, or other similar appellation may be licensed as a hotel if it meets the requirements of this section. (d) Notwithstanding any other provisions of this chapter to the contrary, any hotel (as the term "hotel" is commonly used and without regard to the requirements of this section), inn, or other establishment which offers overnight accommodations to the public for hire, may provide "in- room service" of alcoholic beverages if such establishment: (1) Holds a valid city consumption on premises license; and (2) Has been authorized to provide in-room service by the state. (e) For the purposes of this section, the term "in-room service" consists of: (1) The delivery of alcoholic beverages in unbroken packages by an employee of the hotel to a registered guest's room or to a registered guest at any other location in the same building as the hotel when such alcoholic beverages have been ordered by the guest and when the guest shall be billed for the cost of such alcoholic beverages at the time of delivery and when the sale of such alcoholic beverages is completed at the time of delivery; and (2) The provision of a cabinet or other facility located in a hotel's guest room which contains alcoholic beverages and which is provided upon request of the guest and which is accessible by lock and key only to the guest and for which the sale of a lcoholic beverages contained therein is final at the time requested except for a credit which may be given to the guest for any unused portion. (f) Except as otherwise provided in this section, in -room service of alcoholic beverages shall be subject to all restrictions and limitations in this chapter relative to the sale of alcoholic beverages. In-room service sales shall be authorized only on such days and only during such hours as indicated in section 4-232. (g) Distilled spirits sold pursuant to this section shall not be sold in packages containing less than 50 milliliters each. (h) All alcoholic beverages sold pursuant to this section shall be purchased from a licensed wholesale dealer and shall be subject to all taxes imposed under this chapter, incl uding the excise tax on the retail sale of by the drink of alcoholic beverages containing distilled spirits. ( Ord. No. 15-03-236 , § 1, 3-16-2015) Secs. 4-298—4-316. - Reserved. DIVISION 5. - ALCOHOLIC BEVERAGE CATERERS Sec. 4-317. - General provisions. (a) License requirements for resident caterers. (1) Annual permit. a. Any caterer who possesses a valid city license to sell or otherwise dispense malt beverages, wine or distilled spirits by the drink for consumption on the premises within Page 35 the city may apply for an off-premises license that permits sales of the same off premises at authorized catered events or functions other than "special events" as discussed in section 4-168, which are separately licensed. b. Any caterer who possesses a valid city license to sell malt beverages, wine or distilled spirits by the package for consumption off the premises within the city may apply for an off-premises license that permits sales of the same class of alcoholic beverages by the drink off premises at authorized catered events or functions. c. Each off-premises catering license, authorized herein, shall be valid through December 31 for the year for which they are issued. The fee for each license (which shall not exceed $5,000.00) shall be set by resolution of the mayor and city council, and this fee shall remain in effect until modified or amended by subsequent resolution. (2) Authorized event permit. a. In order to distribute or sell malt beverages, wine or distilled spirits at an authorized catered function, a licensed alcoholic beverage caterer shall file an application for an off-premises event permit with the city manager or his or her designee at no additional fee. The application shall include the name of the caterer, the date, address and time of the event, the caterer's license number and any other information the city deems necessary to review a request for such permit. (3) It shall be unlawful for any person to engage in, carry on or conduct the sale or distribution of alcoholic beverages off premises and in connection with the catered event or function without first having obtained a license and event permit as provided herein. (b) Authorized event permit requirements for non-resident caterers. (1) A non-resident alcoholic beverage caterer shall submit an application for an off -premises event permit to the city manager or his or her designee. The fee for each such permit shall be $50.00 as authorized by O.C.G.A. § 3-11-3 (or such fee as may be authorized by any future amendment or revision thereto). (2) An application for an off-premises event permit shall include the name of the caterer, the date, address and time of the event, the licensed alcoholic beverage caterer's state and local license number and expiration date, and name of the event and the quantity and type of alcoholic beverages to be transported from the lic ensee's primary location to the location of the authorized catered event or function. (3) The original off-premises event permit shall be kept in the vehicle transporting the alcoholic beverages to the catered event or function. (4) It shall be unlawful for a licensed alcoholic beverage caterer to distribute, sell, or otherwise dispense alcoholic beverages off-premises except as authorized by the off- premises event permit. (c) A licensed alcoholic beverage caterer may sell or otherwise dispense only that which is authorized by its alcoholic beverage license. For example, if the alcoholic beverage caterer possesses a valid license to sell malt beverages, it may sell or otherwise dispense only malt beverages at the authorized catered event or function. (d) Excise taxes are imposed upon the sale of alcoholic beverages by resident caterers as provided in this chapter. Excise taxes are imposed upon the total of individual alcoholic beverages served by a non-resident caterer in the amount set forth in this chapter and shall be paid within 30 days after the conclusion of the catered event or function. Page 36 ( Ord. No. 15-03-236 , § 1, 3-16-2015) Secs. 4-318—4-336. - Reserved. DIVISION 6. - SPECIAL EVENTS FACILITY Sec. 4-337. - General provisions. (a) Where staff for a special events facility, or contractors hired by that facility who are not separately licensed caterers, will be dispensing or serving al cohol, the special events facility must obtain a separate license for consumption on the premises. (b) Where a caterer is hired and separately licensed, and where that caterer will be the only entity dispensing or serving alcohol, the special events facility need not obtain a separate license for consumption on the premises. (c) In order to be eligible for a consumption on the premises license, a special events facility must: (1) Be available to public or private groups of persons; (2) For monetary consideration on a rental, fee, percentage, or similar basis, be used primarily for special occasions, including but not limited to, receptions, meetings, banquets, conventions, parties, catered events, or similar gatherings; and (3) Be open to or attended by invited or selected guests or paying patrons; or (4) Be a sports complex situated in conformance with the city's zoning ordinances. ( Ord. No. 15-03-236 , § 1, 3-16-2015) Secs. 4-338—4-358. - Reserved. DIVISION 7. - PUBLICLY OWNED FACILITIES Sec. 4-359. - General provisions. (a) Notwithstanding any other provision of this chapter to the contrary, a limited exception to sections 4-47 and 4-231 of this chapter, shall exist for that person or entity possessing a public facilities permit, as hereinafter defined. (b) For all purposes of this section, "public facilities" shall mean all facilities owned or leased by the City of Milton, except: (1 ) Any fire station; and (2) Any public safety facility. (c) Any person or entity desiring to engage in activities permitted by this section, shall make written application to the city manager or his or her designee for the appropriate public facilities permit on forms prescribed by the city. All applications shall be accompanied by a public facilities permit fee as set forth by city council resolution. Further, all applicants shall be required to provide a release and meet any other requirements set forth by the city manager as conditions of obtaining the public facilities permit. Page 37 (d) The city manager or his or her designee shall consider the following factors in determining whether to approve or deny an application for a public facilities permit: (1) Expected time period in which the event will occur; (2) Whether the event will occur during daylight hours; (3) The number of people expected to attend the event; (4) Other activities scheduled to occur in the structure, facility or property at the time of the event; and (5) Any other factor weighing upon the health, safety or welfare of others. (e) If the application is denied, which denial shall be based upon the factors described above, or if the applicant withdraws the application prior to its approval, the license fee (without interest) shall be refunded. The application shall include, but shall not be limited to: The name and address of the applicant, the date, address and times of the proposed event and the location of the public facility. All applications shall be sworn to by the applicant before a notary public or other officer authorized to administer oaths. (f) If such public facilities permit is granted by the city manager or his or her designee, it shall be good only for the specified event at the specified address and times set forth in the application, not to exceed two days for a public park and one day for any other public facility. (g) A public facilities permit for a public park shall only permit the permit holder to serve (not sell) alcoholic beverages in a hospitality tent or similar structure previously approved by the fire marshal, and the alcoholic beverages may only be consumed on the premises of such hospitality tent or similar structure. (h) A public facilities permit for a public facility shall only permit the holder to serve (not sell) alcoholic beverages within the premises of the public facili ty. (i) A public facilities permit shall only be issued to a caterer licensed under the provisions of this chapter, or to an individual who meets the character requirements of this chapter, provided, however, that no more than two permits per calendar year shall be issued to an individual who is not a licensed caterer. (j) The city manager shall have authority to prescribe forms for applications. Failure to furnish any requested data shall automatically serve to dismiss the application with prejudice. (k) Any untrue or misleading information contained in, or material statement omitted from, an original or renewal application for a public facilities permit shall be cause for the denial or revocation thereof. (l) Except as set forth above in this section, a public facilities permit holder must comply with all of the provisions set forth in this chapter. ( Ord. No. 15-03-236 , § 1, 3-16-2015) Secs. 4-360—4-378. - Reserved. ARTICLE VI. - SALES BY FARM WINERIES Sec. 4-379. - Permitted sales. Page 38 A farm winery may sell its wine and the wine of any other Georgia farm winery licensee at retail in a tasting room or other facility on the premises of the winery for consumption on the premises and in closed packages for consumption off the premises. ( Ord. No. 15-03-236 , § 1, 3-16-2015) Sec. 4-380. - Licenses. (a) Licensee qualifications. The qualifications for the license for sale by farm winery tasting room shall be the same as set forth in this section. (b) [Licenses issued.] The alcoholic beverage licenses which may be issued to farm wineries under this chapters are: (1) Wholesaler of farm winery production. A farm winery shall be granted a wholesale license for sale and distribution as provided by O.C.G.A. § 3 -6-21.1. Such license shall be issued upon application and payment of established fees and upon presentation of a receipt for payment of the state annual license tax as provided by the referenced code provisions in this section. (2) Retail package sales of wine. Each retail package sales license shall require that all sales shall be by and through the farm winery tasting room at the site which said license is issued. (3) Consumption on premises sales of wine. Each license for the sale of wine for consumption on the premises shall require that all consumption shall be at the farm winery site for which said license is issued. This site shall include any wedding or dining facilities associated with the farm winery. (4) Multiple farms winery licenses. A farm winery may apply for and, if approved, may be issued multiple farm winery licenses as provided in subsections (1) through (3) of this section for any single site. At the primary farm winery facility where the wine is produced, such site may be licensed for wholesale, retail package sales and consumption on premises sales. For any site other than the primary farm winery facility where the wine is produced, up to the maximum number of such sites as may be permitted by state statute, such site may be licensed for retail package sales and consumption on premises. (c) Ratio of sales. There shall be no specified or required ratio of alcohol sales to any other income for farm winery operations. (d) Hours and days of sale. Farm wineries shall be permitted to operate only during the following hours and days of the week, as indicated: (1) Monday through Saturday, from 9:00 a.m. until 12:00 midnight. (2) Sunday from 12:30 p.m. until 12:00 a.m. of the following day. (3) The licensed business shall open its business each day it is open by not later than 5:00 p.m. (e) Applicable provisions. The following provisions of this chapter regarding qualifications of the licensee and other matters shall apply to the issuance of the license for sale by a farm winery tasting room and the operation thereof: Article I, definitions. Article II, licensing. Page 39 Article V, sales for consumption on premises - general provisions, except as specifically noted in this section. Article X, regulations. (f) License fees. Any applicant for a license for the sale of wine and operation of a farm winery shall pay the license fee as set forth in the fee schedule. (g) Licensing limitations. The license created in accord with this article shall be limited to farm winery tasting rooms licensed by the State of Georgia in accord with O.C.G.A. § 3-6-21.1 et seq., and the licensee shall be permitted to perform only acts allowed in accord with such statutes. No license is hereby created authorizing any other use. (h) Renewals. All applications for renewal of a farm wi nery license or licenses shall be accompanied by a copy of the current state license. Failure to present a valid copy of a current and valid state license will result in a refusal to renew the license. (i) Consumption on the premises sale of distilled spirits, wine and malt beverages. A farm winery may apply for a license for consumption on premises of wine, malt beverages and/or distilled spirits (not produced under the Georgia Farm Winery Act O.C.G.A. § 36-6-21.1 et seq.) under the terms as provided under article V, sales for consumption on premises. ( Ord. No. 15-03-236 , § 1, 3-16-2015) Secs. 4-381—4-399. - Reserved. ARTICLE VII. - WHOLESALERS DIVISION 1. - GENERALLY Sec. 4-400. - License required. (a) Any wholesale dealer in alcoholic beverages who is licensed by the State of Georgia and who has a place of business in the city shall procure a license under the sam e distance requirements and required hours and days of operation applicable to retail package licensees. The license fee for a resident wholesale dealer's license shall be set by mayor and council and approved by resolution. (b) Any wholesale dealer in alcoholic beverages who is licensed by the State of Georgia, who does not have a place of business in the city but who does business in the city, shall be registered in the city and subject to excise tax due from wholesale dealers p ursuant to article VIII. Such registration shall be renewed annually with: (1) Submittal of annual renewal affidavit; (2) The presentation of satisfactory evidence that he understands the alcoholic beverage rules and regulations of the city and the conditions under which retail licenses are issued; and (3) A registration fee of $100.00 as authorized by O.C.G.A. § 3-5-43. ( Ord. No. 15-03-236 , § 1, 3-16-2015) Sec. 4-401. - Special provisions applicable to wholesale license. Page 40 (a) No person who has any direct financial interest in any license for retail sale of any alcoholic beverages in the city shall be allowed to have any interest or ownersh ip in any wholesale alcoholic beverage license issued by the city. (b) No retailer shall purchase any alcoholic beverage from any person other than a wholesaler licensed under this article. No wholesaler shall sell any alcoholic beverage to any person other than a retailer licensed under this chapter; provided, however, that this section shall not prohibit the purchase by one retailer of another retailer's entire stock in a bona fide purchase of an ongoing business. (c) No alcoholic beverage shall be delivered to any retail sales outlet in the city except by a duly licensed wholesaler. The name of the wholesale distributor shall be clearly marked on the delivery vehicle. ( Ord. No. 15-03-236 , § 1, 3-16-2015) Sec. 4-402. - Hours and days of operation. Wholesalers shall not engage in the sale of alcoholic beverages except between 7:00 a.m. and 6:00 p.m., Monday through Saturday. There shall be no sales of alcoholic beverages on Sunday by wholesalers. ( Ord. No. 15-03-236 , § 1, 3-16-2015) Sec. 4-403. - Audits. If the city manager deems it necessary to conduct an audit of the licensee's records and books, he or she shall notify the licensee of the date, time and place of the audit. ( Ord. No. 15-03-236 , § 1, 3-16-2015) Secs. 4-404—4-422. - Reserved. ARTICLE VIII. - EXCISE TAXES DIVISION 1. - GENERALLY Secs. 4-423—4-441. - Reserved. DIVISION 2. - SALES OF DISTILLED SPIRITS BY THE DRINK Sec. 4-442. - Tax imposed. There is imposed upon the retail sale of drinks containing distilled spirits in the city an excise tax. The rate of such tax shall be set forth by city council resolution and shall not exceed three percent of the purchase price of the drink to the consumer. A record of each sale shall be made in writing and maintained for inspection by any authorized agent of the city. ( Ord. No. 15-03-236 , § 1, 3-16-2015) Page 41 Sec. 4-443. - Licensee to collect and remit. Every consumption on the premises licensee shall collect the tax imposed by this section from purchasers of drinks containing distilled spirits. The licensee shall furnish such information as may be required by the city manager to facilitate the collection of the tax. ( Ord. No. 15-03-236 , § 1, 3-16-2015) Sec. 4-444. - Customer receipts; credit sales. A consumption on the premises licensee shall give to the purchaser a receipt on which the purchase price and the tax imposed by this section shall be itemized separately. In all cases where the purchase is by deferred payment or credit, the licensee becomes liable for the collection and payment of the tax at the time of delivery of the drink to the purchaser. ( Ord. No. 15-03-236 , § 1, 3-16-2015) Sec. 4-445. - Payment and returns by licensee. (a) Each licensee shall pay over the amount of taxes collected and coming due under this article in any calendar month to the city not later than the twentieth day of the following calendar month. (b) On or before the twentieth day of each month, a return for the preceding month shall be filed with the city treasurer or his or her designee by each licensee liable for the payment of tax under this article. Returns shall be in such form as the city may prescribe or authorize and signed by the licensee liable for the payment of tax hereunder. (c) Returns shall show the licensee's gross receipts from the sale of food, if applicable, alcoholic beverages containing distilled spirits, indicating the number sold by the drink, amount of tax collected or authorized due for the related period, and such other information as may be required by the city. Any amounts collected in excess of the excise tax rate set by the city council for the taxable sales shall be reported and paid to the city. (d) Any licensee who shall neglect, fail, or refuse to pay the tax herein provided upon all retail sales by the licensee of alcoholic beverages containing distilled spirits by the drink, shall be liable for and pay the tax himself or herself. (e) Licensees collecting the tax shall be allowed three percent of the first $3,000.00 of tax due and one-half percent of the amount in excess of $3,000.00 as a vendor's credit under this section and shall be reimbursed in the form of a deduction in submitting, reporting and paying the amount due, if said amount is not delinquent at the time of payment. The rate of the deduction shall be the same rate authorized for deductions from state law as now or hereafter amended. ( Ord. No. 15-03-236 , § 1, 3-16-2015) Secs. 4-446—4-464. - Reserved. DIVISION 3. - WHOLESALE TAXES Sec. 4-465. - Tax imposed. Page 42 (a) There is imposed by the city an excise tax on the first sale or use of malt beverages in the city and is set at the rate set forth by city council resolution. (b) There is imposed by the city an excise tax on the first sale or use of wine by the package in the city and is set at the rate set forth by city council resolution. (c) There is imposed by the city an excise tax on the first sale or use of distilled spirits by the package in the city and is set at the rate set forth by city council resolution. ( Ord. No. 15-03-236 , § 1, 3-16-2015) Sec. 4-466. - Wholesaler to collect and remit. The excise tax imposed shall be collected by all wholesalers selling alcoholic beverages to persons holding retail licenses for sale to the same, in the city. Said excise taxes shall be collected by the wholesalers at the time of the wholesale of such beverages. ( Ord. No. 15-03-236 , § 1, 3-16-2015) Sec. 4-467. - Payment and returns by wholesaler. (a) It shall be the duty of each wholesaler to remit the proceeds so collected to the finance department of the city, on or before the fifteenth day of each month, for the preceding calendar month. (b) This remittance shall be submitted on forms as prescribed or authorized by the city. Remittances shall be accompanied by a statement under oath from a responsible person employed by the wholesaler showing the total sales of each type of alc oholic beverage, by volume and price, disclosing for the preceding calendar month the exact quantities of alcoholic beverages, by size and type of container, constituting a beginning and ending inventory for the month, sold to every person holding a retail license for the sale of alcoholic beverages in the city. (c) Failure to file such a statement, or to remit the tax collected on or before the fifteenth day of each month, shall be grounds for suspension or revocation of the license provided for by this chapter. ( Ord. No. 15-03-236 , § 1, 3-16-2015) Secs. 4-468—4-486. - Reserved. DIVISION 4. - BREWPUBS Sec. 4-487. - Tax imposed. There is hereby levied an excise tax on all beer and malt beverages produced by a brewpub at the rate set forth by city council resolution. ( Ord. No. 15-03-236 , § 1, 3-16-2015) Sec. 4-488. - Payment and returns by licensee. Page 43 (a) The excise tax shall be paid to the city's finance department no later than the twentieth day of each month for the preceding month's production. (b) A late payment penalty not to exceed ten percent of the tax otherwise due shall be added to the amount due for any payment not received by the due date. ( Ord. No. 15-03-236 , § 1, 3-16-2015) Secs. 4-489—4-507. - Reserved. DIVISION 5. - TAX RETURNS AND COLLECTIONS Sec. 4-508. - Deficiency assessment. (a) If the city has cause to believe that a return or the amount of tax paid to the city by a licensee is not proper, the city may compute and determine the amount due on the basis of any information available. One or more deficiency determinations may be made of the amount due for any month. (b) The amount of deficiency determination shall bear interest at a rate equal to the bank prime loan rate as posted by the Board of Governors of the Federal Reserve System in statistical review release H. 15 or any publication that may supersede it, plus 3 percent, to accrue monthly from the fifteenth day of the month after the close of the period for wholesale tax due, or from the twentieth day after the close of the period for retail tax due, which the amount or any portion thereof should have been returned until paid, in addition to any other penalties which may be imposed. Such annual interest rate shall be determined for each calendar year based on the first weekly posting of statistical release H. 15 on or after January 1 of each year. For the purposes of this code section, Any period of less than one month shall be considered to be one month. (c) For any deficiency which is determined to be made due to fraud, or an intent to evade any provisions of this article, a penalty of 25 percent of the deficiency shall be added thereto. (d) The city shall give notice of a deficiency determination to the licensee. The notice shall be served by personal service on the registered agent by a city police officer or code enforcement officer. If personal service fails, the notice shall be mailed by certified mail to the registered agent at the address provided and to the named licensee at the licensed premises. Delivery shall be deemed to take place on the third day following depos it in the United States mail. (e) Except in the case of fraud, intent to evade this chapter, or failure to make a return, every notice of deficiency determination shall be mailed within three years after the twentieth day of the calendar month following the monthly period for which the amount is proposed to be determined, or within three years after the return is filed, whichever period should last expire. ( Ord. No. 15-03-236 , § 1, 3-16-2015) Sec. 4-509. - Failure to file return. (a) If any licensee fails to make a return, the city shall make an estimate of the amounts of the gross receipts of the licensee, or as the case may be, of the amou nt of the total sales in the city which are subject to the tax. The estimate shall be made for the period in respect to which the licensee failed to make the return and shall be based upon any information which Page 44 is or may come into the city's possession. Upon the basis of this estimate, the city shall compute and determine the amount required to be paid the city. One or more determinations may be made for each period. (b) If the failure of any person to file a return is due to fraud or intent to evade this chapter, a penalty of 25 percent of the amount required to be paid by the party shall be added thereto in addition to any other penalties which are imposed under this chapter. (c) The city shall promptly give to the party written notice of the deficiency in the manner specified by subsection 4-508(c). (d) In the event that any person holding a retail license shall fail to file the required return or to pay the taxes imposed by this chapter, it shall be grounds for suspension or revocation of any retail license to sell alcoholic beverages in the city. ( Ord. No. 15-03-236 , § 1, 3-16-2015) Sec. 4-510. - Penalties and interest. (a) Any party who fails to pay the tax herein imposed by the city, or fails to pay any amount of such tax required to be paid by the party shall, in addition to the tax, pay interest on the outstanding tax obligation at the rate of one percent per month, or fraction thereof, from the date the tax payment was last due until payment is made. (b) Any party who fails to pay the tax herein imposed by the city, or fails to file any required tax return to the city, within the time required, shall pay a penalty of 15 percent of the tax, or amount of the tax and interest, due the city. (c) In the event that any person holding a retail license shall fail or refuse to pay to the wholesaler selling to him or her alcoholic beverages the tax imposed by the city, the wholesaler shall immediately report such failure to pay to the finance department of the city and shall make no further sales of any alcoholic beverages whatsoever to said retailer until receipt of written notification to do so from the city. In such event, the tax may be collected by the city by an action at law against the retailer. ( Ord. No. 15-03-236 , § 1, 3-16-2015) Sec. 4-511. - Actions for collections; overpayment. (a) At any time within three years after the delinquency of any amount due under this article, the city may bring an action in the courts of this state, any other state, or the United States in the name of the city to collect the amount delinquent, together with penalties, interest, court fees, filing fees, attorneys' fees, and other legal fees incident thereto. (b) Whenever any tax, penalty, or interest has been paid more than once or has been erroneously or illegally collected or received by the city, it may be offset against any future liability for the tax. (c) If the licensee determines that he has overpaid or paid more than once and such fact has not yet been determined by the city, the licensee shall have three years from the date of payment to file a claim with respect to such overpayment or doub le payments. Such claim shall be in writing and shall state the specific grounds upon which it is based. The claim shall be audited. If the city approves the claim, the excess amount paid may be credited against other amounts due from the licensee or refunded. Page 45 ( Ord. No. 15-03-236 , § 1, 3-16-2015) Sec. 4-512. - Administration and enforcement of article. (a) The city treasurer or his or her designee shall administer and enforce the provisions of this article VIII. (b) The city manager or his or her designee may promulgate rules and regulations for the enforcement of this article. (c) Every licensee engaging in the sale of mixed drinks shall keep such records, receipts, invoices, and other pertinent papers in such form as may be required by the city. (d) The city manager or his or her designee may examine the books, papers, records, financial reports, equipment, and facilities of any licensee engaging in the sale of any alcoholic beverage, retail or wholesale, in order to verify the accuracy of any return, or if no return is made to ascertain the amount of tax due. (e) In the administration of the provisions of this article, the city manager o r his or her designee may require the filing of reports by any person or class of persons having in their possession or custody any information relating to purchases subject to taxation under this article. ( Ord. No. 15-03-236 , § 1, 3-16-2015) Secs. 4-513—4-531. - Reserved. ARTICLE IX. - SPECIAL PROVISIONS AND EXCEPTIONS WITHIN DESIGNATED ZONING DISTRICTS Sec. 4-532. - General provisions. The provisions of this article are intended to set forth certain exceptions and provisions applicable only to licensees whose establishments are located within the area identified in the Crabapple District, Deerfield District, and Birmingham Crossroads District (as hereinafter defined) holding licenses to sell alcoholic beverages for consumption on the premises. Except as specifically set forth in this article, all such licenses remain subject to all other provisions of this chapter. ( Ord. No. 15-03-236 , § 1, 3-16-2015) Sec. 4-533. - Definition of Special Districts. For the purposes of this article only, the Crabapple District, Deerfield District, and Birmingham Crossroads Districts (as shown in the attached map) are defined as follows: The area of the city identified as T4, T4 Open, T4 Restricted, T5, T6, and adjacent CS transect zones in the applicable Form Based Code. Excluding in Crabappl e those parcels fronting Green Road and Arnold Mill Road. ( Ord. No. 15-03-236 , § 1, 3-16-2015) Sec. 4-534. - Outside consumption of alcoholic beverages permitted. Page 46 (a) One drink on-street limit. Any establishment licensed to sell alcoholic beverages by the drink for consumption on the premises is authorized to dispense an alcoholic beverage in a paper or plastic cup, or other container other than a can, bottle, or glass, for removal from the premises; provided, however, that no establishment shall dispense to any person more than one such alcoholic beverage at a time for removal from the premises, and no person shall remove at one time more than one such alcoholic beverage from the licensed premises. (b) Size limited to a maximum of 16 ounces. No container in which an alcoholic beverage is dispensed and removed from the licensed premises shall exceed 16 fluid ounces in size. No person shall hold in possession on the streets and sidewalks, in parks and squares, or in other public places within the defined area any open alcoholic beverage container which exceeds 16 fluid ounces in size. (c) Drinking from can, bottle, or glass prohibited. It shall be unlawful for any person to drink or attempt to drink any alcoholic beverage from a can, bottle, or glass, or to possess in an open can, bottle, or glass any alcoholic beverage on the streets, sidewalks, rights -of-way, and parking lots, whether public or private. (d) Purchase from licensed premises within defined districts. Alcoholic beverages consumed pursuant to this provision must be purchased from a licensed premises within the defined districts. (e) Consumption limited to certain areas in defined districts. No alcoholic beverage purchased pursuant to this provision may be consumed outside of the defined districts, upon any sidewalk adjacent to a church, school or park (unless specifically authorized by the city in conjunction with a city event or other event authorized by the city) or upon any private property without the express written consent of the property owners. (f) Consumption limited to lawful hours of operation. No alcoholic beverage purchased pursuant to this provision shall be consumed except wit hin the authorized hours of sale of the establishment where purchased. (g) Festivals; special events. Unless otherwise specified by this article, the provisions of this article shall also apply to special events and festivals. ( Ord. No. 15-03-236 , § 1, 3-16-2015) Sec. 4-535. - Alcohol/food sales ratio. A licensed establishment located within the defined districts shall derive a minimum of 50 percent of its total annual gross food and beverage sales from the sale or prepared meals or food. ( Ord. No. 15-03-236 , § 1, 3-16-2015) Sec. 4-536. - No abrogation of other laws. The provisions of this article shall not be deemed to abrogate or otherwise impact any state law or local ordinance pertaining to public drunkenness, disorderly conduct, driving with an open container or under the influence of alcohol, or similar laws. ( Ord. No. 15-03-236 , § 1, 3-16-2015) Secs. 4-537—4-555. - Reserved. ARTICLE X. - REGULATIONS Page 47 Sec. 4-556. - Days when sales are unlawful. (a) The sale of alcoholic beverages on election day is limited to provision of state law, pursuant to O.C.G.A. § 3-3-20. (b) It shall be unlawful for any person to sell alcoholic bevera ges within 250 feet of any polling place or of the outer edge of any building within which such polling place is established on primary or election days. ( Ord. No. 15-03-236 , § 1, 3-16-2015) Sec. 4-557. - Distance requirement. (a) Beer, wine, and distilled spirits consumption on the premises license. In accord with the discretion afforded by O.C.G.A. 3-3-21(b)(3), no permit for the retail sale of alcoholic beverage for consumption on the premises or for Incidental Licenses or BYOB Licenses shall be issued to any business that is within 20 yards of a church, school building, education building, school grounds, or college campus. (b) Wine and malt beverages retail package sales. No person may sell or offer to sell any wine or malt beverage within 100 yards of any school building, school grounds, or college campus. (c) Distilled spirits retail package sales. No person may sell or offer to sell any distilled spirits in or within 100 yards of a church building or within 200 yards of any school building, educational building, school grounds, or college camp us. (d) Most direct route used. For purposes of this section, the distance shall be measured by the most direct route of travel on the ground and shall be measured in the following manner: (1) In a straight line from the front door of the establishment regulated under this ordinance; (2) To the front door of the building of a church, government -owned treatment center or a retail package store; or (3) To the nearest property line of the real property being used for school or educational purposes. (e) Preexisting establishments. No location which is licensed to sell alcoholic beverages on the effective date of the ordinance from which this section is derived shall be denied continued operation under an existing license, nor shall any new owner of the location be denied a new license based upon the measurements set forth in subsections (a), (b), (c), and (d) of this section. (f) New church or schools. As to any location licensed in the future, if the distance requirements in this section are met at the tim e of issuance of any license, the subsequent opening and operation of a church or school within the distance prohibited in this section shall not prevent the continuance of an existing license or the issuance of a new license to any subsequent owner of such property. Provided, however, that the distance requirements herein shall not apply at any location for which a new license is applied for if the sale of alcoholic beverages was lawful at such location at any time during the 12 months immediately precedin g such application. ( Ord. No. 15-03-236 , § 1, 3-16-2015) Page 48 Sec. 4-558. - Sale to, purchase or possession by underage person. (a) No licensee shall sell or serve or permit to be sold or served alcoholic beverages to a minor, as defined in O.C.G.A. § 3-3-23, and a violation of O.C.G.A. § 3-3-23, as may be amended, shall be cause for suspending or revoking a license in accordance with provisions of this chapter. Further, it shall be a violation not to require and properly check identification to ensure that an underage person is not sold, served, or does not have in his or her possession any alcoholic beverages while in a licensed establishment. No licensee shall allow or require a person in his or her employment under 18 years of age to dispense, serve, sell or take orders for any alcoholic beverage. This section shall not prohibit persons under 18 years of age who are employed in supermarkets, convenience stores, or drugstores from selling or handling alcoholic beverages which are sold for consumption off the premises. (b) Nothing in this Code section shall be construed to modify, amend, or supersede Chapter 11 of Title 15. (c) No person who holds a license to sell or serve alcoholic beverages by the drink or who holds a BYOB License shall allow any minors to be in, frequent, or loiter about the licensed premises of the nightclub or lounge unless such minors are accompanied by a parent , legal guardian, or custodian; provided that: (1) Such minors shall be permitted in eating establishments or private clubs without being accompanied by a parent, legal guardian, or custodian. (2) This subsection shall not apply to minors who are employees under the terms of this article. ( Ord. No. 15-03-236 , § 1, 3-16-2015) Sec. 4-559. - Advertising; signs. (a) No outdoor advertising or signs with respect to the promotions of the sale or service of alcoholic beverages, or the prices of such beverages, shall be permitted: (1) On the exterior of any retail package outlet; (2) On the premises of the consumption dealer; or (3) In the windows of any such establishment that may be viewed from outside. (b) No signs shall be erected anywhere in the city advertising or promoting the sale of alcoholic beverages, except that a store displaying its merchandise may in the same manner as such other merchandise is displayed, erect a sign indicating the counter on which the merchandise is displayed; provided the lettering of such signs does not exceed in size the lettering of such signs on other counters where other products are sold. The name, brand or type of alcoholic beverage served and the price per serving may be provided to customers on a regular printed menu. (c) Alcoholic beverages may not be priced on signs, menus or any place else allowed by this Code except as to single units or unbroken package quantities. ( Ord. No. 15-03-236 , § 1, 3-16-2015) Sec. 4-560. - Types of entertainment, attire and conduct prohibited. Pursuant to O.C.G.A. § 3-3-41: Page 49 (1) No person shall perform on a premises licensed hereunder acts of or acts which constitute or simulate: a. Sexual intercourse, masturbation, sodomy, bestiality, oral copulation, flagellation, or any sexual acts which are prohibited by law; b. The touching, caressing, or fondling of the breast, buttocks, anus, or genitals; or c. The displaying of any portion of the female breast below the top of the areola or the displaying of any portion of any person's pubic hair, anus, cleft of the buttocks, vulva, or genitals. (2) No person shall use on licensed premises artificial devices or inanimate objects to perform, simulate, or depict any of the prohibited conduct or activities described in subsection (a) of this section. (3) It shall be unlawful for any person to show, display, or exhibit, on licensed premises, any film, still picture, electronic reproduction, or any other visual reproduction or image of any act or conduct described in subsections (a) and (b) of this section. ( Ord. No. 15-03-236 , § 1, 3-16-2015) Sec. 4-561. - Requests for additional information. The city manager or his or her designee may request, from time to time, information concerning purchases and sales of alcoholic beverages from retailers and wholesalers. ( Ord. No. 15-03-236 , § 1, 3-16-2015) BBiirrmmiinngghhaammHHiigghhwwaayyAG-1 C-1 MIX UV372 HHiicckkoorryyFFllaattRRooaadd BBiirrmmiinngghhaamm RRooaaddNew Bul l pen RoadNew Bul l pen RoadCreated/Altered: 4/26/2017 G:\TaxCommunityDev\OpenContainerOrdinance\BirminghamOpenContainerAreas_al_v1.mxd Birmingham Open Container Area (proposed) April 201 7 Birmingham Open ContainerArea (proposed)* Birmingham Crossroads Z oningOverlay D istrict Zoning Agricultural (AG-1)Community Business (C-1)Mixed U se (MIX) Freeway/H ighw ayRampMajor Arterial/C ollectorMinor Arterial/LocalRiversWaterbodiesCity LimitsCounties §¨¦575 §¨¦75 §¨¦75 §¨¦85 §¨¦85 §¨¦20§¨¦20 §¨¦285 §¨¦285 ¬«400 £¤19 City of Milton *NOTE: The proposed Birmingham open containerarea is identified as C-1 and MIX zoning in theBirmingham Crossroads Zoning Overlay District. 5 0 200 400 600100Feet MMiiddBBrroo aa dd ww eellll RR oo aa dd MM aa yy ffiieelldd RRooaadd Etris RdEtris RdST372 ST140 Rocky C r e e k A l p h a r e t t aAlpharetta R o s w e l lRoswell AAr r nn oo ll dd M M iillll R R oo aa dd Birmingham HighwayBirmingham HighwayHHeerriittaa gg ee WW aallkkAG-1 R-2 CBS T5 T4 -OpenT4CUP T2 CS T4R T3 R-4 UV372 UV140 UV372 MMaayyffiieellddRRooaaddGG rr ee ee nn RR oo aa ddCCooxxRRooaadd FFrreeeemmaannvviilllleeRRooaaddNew Providence RoadNew Providence RoadBBeetthhaannyyRRooaaddCreated/Altered: 4/26/2017 G:\TaxCommunityDev\OpenContainerOrdinance\CrabappleOpenContainerAreas_al_v1.mxd Crabapple Open Container Area April 201 7 Crabapple Open Container Area*Crabapple Form Based CodeZoningAgricultural (AG-1)Community Unit Plan (CUP)Single-Family Dwelling (R-2)Single-Family Dwelling (R-4)T2 T3T4T4R !!! !!!T4 - OpenT5Civic Building SiteCivic Space Freeway/HighwayRampMajor Arterial/CollectorMinor Arterial/LocalRiversWaterbodiesCity LimitsCounties §¨¦575 §¨¦75 §¨¦75 §¨¦85 §¨¦85 §¨¦20§¨¦20 §¨¦285 §¨¦285 ¬«400 £¤19 City of Milton *NOTE: The Crabapple open container area is identifiedas T4, T4 Open, T4 Restricted, T5, and CS transect zonesin the Crabapple Regulating Plan, excluding those parcelsfronting Green Road and Arnold Mill Road and those CStransect zones that are not directly adjacent to the otherzones listed above. 5 0 1,000 2,000 3,000500Feet £¤19 PPrroovviiddeenncceeRRooaaddMMa a y y ff ii eelldd RRooaadd ST9 ST400 ST400 CopperSand y C r e e k FoeKillerCreekBigCreekC a m p C r e e k UUnniioonnHHiillllRRddStrickland RdStrickland RdA l p h a r e t t aAlpharetta R-3A R-4A R-2A R-3 R-2 R-5AR-5 NUP AG-1 O-I T6 T4 -Open T2 T5R T3 CBS T5 CST4 T4P A CUP TR UV9 MM oo rrrriissRRooaaddBBeetthhaannyy WW aa yy BBee tthh aa nn yyRRooaaddRR ee dd dd RRooaadd BBeetthhaannyyBB ee nn ddHHaaggooooddRRooaadd DDeeee rrffiiee lldd PPaarrkkwwaayyCreated/Altered: 4/27/2017 G:\TaxCommunityDev\OpenContainerOrdinance\DeerfieldOpenContainerAreas_al_v1.mxd Deerfield Open Container Area (proposed) April 201 7 Deerfield Open C ontainer Area(proposed)*Deerfield Form Based Code ZoningAgricultural (AG-1)Office and Institutional (O-I)Community Business (C-1)Community U nit Plan (CU P)Neighborhood Unit Plan (N UP) Single-Family D welling (R -2)Single-Family D welling (R -2A)Single-Family D welling (R -3)Single-Family D welling (R -3A)Single-Family D welling (R -4A)Single-Family D welling (R -5)Single-Family D welling (R -5A)Medium Density Apartment (A)Townhouse R esidential (TR) T2T3T4 !!! !!!T4 - OpenT5T5RT6Civic Building SiteCivic Space Freeway/HighwayRampMajor Arterial/CollectorMinor Arterial/LocalRiversWaterbodiesCity LimitsCounties §¨¦575 §¨¦75 §¨¦75 §¨¦85 §¨¦85 §¨¦20§¨¦20 §¨¦285 §¨¦285 ¬«400 £¤19 City of Milton *NOTE: The proposed Deerfield open containerarea is identified as T4, T4 Open, T4 Restricted,T5, T6, and CS transect zones in the DeerfieldRegulating Plan, excluding those CS transectzones that are not directly adjacent to the otherzones listed above.5 0 2,000 4,000 6,0001,000 Feet MILTON'*k ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: ay 4, 2017 FROM: Steven Krokoff, City Manager AGENDA ITEM: Consideration of ZM1 7-02/VC1 7-02 - 980 Birmingham Road zoned C-1 and AG -1 by The Contineo Group to modify condition 2.a. (2004Z-0043) to modify site plan for additional parking and move dumpster pad and a concurrent variance to allow parking past the building (Sec. 64-1323(a). MEETING DATE: Monday, May 15, 2017 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (�PPROVED () NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: () YES (^0 CITY ATTORNEY REVIEW REQUIRED: () YES (vf 'N"*'O APPROVAL BY CITY ATTORNEY: () APPROVED (J NOT APPROVED PLACED ON AGENDA FOR: aS��SIZ�r 2006 Heritage Walk Milton, GA P: 678.242.25001 F: 678.242.2499 0000 info@cityofmiltonga.us I www.cityofmiltonga.us Page 1 of 13 ZM17-02/VC17-02 - Prepared by the Community Development Department for the Mayor and City Council Meeting on May 15, 2017 5/11/2017 ZM17-02/VC17-02 PROPERTY INFORMATION ADDRESS 980 Birmingham Road DISTRICT, LAND LOT 2/2, 380 OVERLAY DISTRICT Birmingham Crossroads EXISTING ZONING C-1 (Community Business) and AG-1 (Agricultural) (2004Z-043) ACRES 19.92 EXISTING USE Shopping Center OWNER Suso 4 Birmingham LP c/o Slate, Asset Management Allen Gordon 121 King Street West, Suite 200 Tornonto, Onatario M5H359 APPLICANT The Contineo Group Jason Lawson 3081 Holcomb Bridge Road Norcross, GA 30071 MAYOR AND CITY COUNCIL RECOMMENDATION – APRIL 24, 2017 ZM17-02 – DEFER TO MAY 15, 2017 VC17-02 – DEFER TO MAY 15, 2017 Staff recommended deferral based on the public notice sign not placed in correct position. COMMUNITY DEVELOPMENT DEPARTMENT RECOMMENDATION ZM17-02 – APPROVAL CONDITIONAL VC17-02 - WITHDRAWAL INTENT To modify condition 2.a. (2004Z-0043) to modify site plan for additional parking and move dumpster pad and a concurrent variance to allow parking past a building (Sec 64-1323(a)). Page 2 of 13 ZM17-02/VC17-02 - Prepared by the Community Development Department for the Mayor and City Council Meeting on May 15, 2017 5/11/2017 LOCATION MAP Page 3 of 13 ZM17-02/VC17-02 - Prepared by the Community Development Department for the Mayor and City Council Meeting on May 15, 2017 5/11/2017 CURRENT ZONING Page 4 of 13 ZM17-02/VC17-02 - Prepared by the Community Development Department for the Mayor and City Council Meeting on May 15, 2017 5/11/2017 2004Z-043 – Site Plan Submitted October 28, 2004 Page 5 of 13 ZM17-02/VC17-02 - Prepared by the Community Development Department for the Mayor and City Council Meeting on May 15, 2017 5/11/2017 Revised Site Plan submitted February 28, 2017 Page 6 of 13 ZM17-02/VC17-02 - Prepared by the Community Development Department for the Mayor and City Council Meeting on May 15, 2017 5/11/2017 View looking east with Birmingham Rd to the right, where driveway will be located. View looking north with the Village Green to the left and Publix behind. Page 7 of 13 ZM17-02/VC17-02 - Prepared by the Community Development Department for the Mayor and City Council Meeting on May 15, 2017 5/11/2017 View from internal driveway into the Village Green looking west and where proposed driveway will be located. Additional view of the Village Green from existing driveway looking west. Page 8 of 13 ZM17-02/VC17-02 - Prepared by the Community Development Department for the Mayor and City Council Meeting on May 15, 2017 5/11/2017 View of the Village Green looking north. Approximate location where driveway will punch through and existing dumpster area will be removed (looking north). Page 9 of 13 ZM17-02/VC17-02 - Prepared by the Community Development Department for the Mayor and City Council Meeting on May 15, 2017 5/11/2017 Additional view of proposed driveway location looking west (Birmingham Rd to the right) Dumpster area to be removed and replaced with potential new driveway. Page 10 of 13 ZM17-02/VC17-02 - Prepared by the Community Development Department for the Mayor and City Council Meeting on May 15, 2017 5/11/2017 View of impacted parking lot to be reconfigured. Page 11 of 13 ZM17-02/VC17-02 - Prepared by the Community Development Department for the Mayor and City Council Meeting on May 15, 2017 5/11/2017 History and Background The subject site was rezoned from C-1 (Community Business) and AG-1 (Agricultural) on November 3, 2004 by the Fulton County Board of Commissioners. This site is one corner of three corners of the Birmingham Crossroads that was zoned pursuant to RZ04-116 (subject site) and RZ04-43 (northeast and southeast corners zoned C-1 Conditional). The final conditions approved for all three quadrants were derived from numerous meetings between the original developer, AG Armstrong and the community using the Birmingham Crossroads Plan (Amending the 2015 North Fulton Comprehensive Plan) which was approved by the Fulton County Board of Commissioners on March 3, 2004. In addition, the Birmingham Crossroads of the Northwest Fulton Overlay District was approved on March 3, 2004. This newly created overlay also guided the ultimate outcome of what was approved for the three quadrants of Birmingham Crossroads. The central premise of both the Plan and the Overlay was that the Birmingham Crossroads should be a neighborhood node consisting of 27.1 acres which at that time recommended up to 100,000 square feet of commercial uses, up to 100,000 square feet of office uses, and up to five (5) residential units per acre. Since the time of the rezoning in 2004, the northeast quadrant has been developed as approved. CZIM Meeting – March 28, 2017 The applicant was present at the meeting and there were no members of the community present. Staff has received two phone calls inquiring about the request. Once it was explained what the applicant was requesting, they indicated support of the change. Current Request – ZM17-02/VC17-02 The applicant is requesting to modify Condition 2a. to revise the site plan dated October 28, 2004 pursuant to 2004Z-043 with the revised site plan received on February 28, 2017. The purpose of the modification is to provide additional parking and to provide an additional access to the internal driveway that accesses Birmingham Road. It is the applicant’s goal to provide easier access to the businesses in the southwest portion of the site. To achieve this, the applicant proposes to delete three parking spaces and add eight parking spaces for a net increase of five. In addition, the dumpster will be relocated. This is accomplished by decreasing the village green area from 23,567 square feet to 16,507 square feet (for a reduction of 7,060 square feet). The site plan also indicates removing seven (7) 6-8” DBH hardwood trees and replanting 11 trees. Page 12 of 13 ZM17-02/VC17-02 - Prepared by the Community Development Department for the Mayor and City Council Meeting on May 15, 2017 5/11/2017 Proposed Modification to Conditions (2004Z-043) 2. To the owner’s agreement to abide by the following: a. To the revised site plan received by the Community Development Department the Department of Environment and Community Development on February 28, 2017 October 28, 2004 (Petitions 2004Z-043 NFC and 2004Z- 0116 NFC combined). Said site plan is conceptual only and must meet or exceed the requirements of the Zoning Resolution and these conditions prior to the approval of a Land Disturbance Permit. Unless otherwise noted herein, compliance with all conditions shall be in place prior to the issuance of the first Certificate of Occupancy. Analysis and Recommendation Staff notes that the Birmingham Crossroads Overlay District requires a “Village Green” within the northeast quadrant to be a minimum of 13,000 square feet in size. With the proposed changes, the site plan provides for 16,507 square feet. Therefore, the site remains in compliance with this requirement. Staff notes that the applicant proposes to replace the trees to be removed as well as an additional four trees for a total of 11 hardwood trees. Based on the reduction of the village green and deletion of mature hardwoods, Staff proposes a condition to provide a minimum of two benches or picnic tables and a trash receptacle within the village green. In addition, the placement of the new trees on the site shall be approved by the City Arborist. The design and placement of the outdoor furniture and trash receptacle shall be approved by the Design Review Board. The placement of the proposed new driveway meets Chapter 48 requirement of 100 feet from the Birmingham Road (Actual length is 110 feet.) and therefore provides sufficient distance from Birmingham Road for cars entering and exiting the site based on the existing uses within the shopping center. It is Staff’s opinion that the proposed site plan modification does not negatively impact the existing development and meets the intent of the Birmingham Crossroads Overlay. In addition, these improvements may further enhance the usability of this quadrant of the Birmingham Crossroads. Therefore, Staff recommends APPROVAL CONDITIONAL of ZM17- 02. Based on the location of the proposed additional parking, it appears that it meets the requirements of the Birmingham Crossroads Overlay District which states “Parking lots shall be located behind and to the side of a building.” Therefore, Staff recommends that VC17-02 be WITHDRAWN. Page 13 of 13 ZM17-02/VC17-02 - Prepared by the Community Development Department for the Mayor and City Council Meeting on May 15, 2017 5/11/2017 RECOMMENDED CONDITIONS Should the Mayor and City Council approve this petition, the recommended conditions (ZM14-06) should be revised to read as follows: 2. To the owner’s agreement to abide by the following: a. To the revised site plan received by the Community Development Department the Department of Environment and Community Development on February 28, 2017 October 28, 2004 (Petitions 2004Z-043 NFC and 2004Z- 0116 NFC combined). Said site plan is conceptual only and must meet or exceed the requirements of the Zoning Resolution and these conditions prior to the approval of a Land Disturbance Permit. Unless otherwise noted herein, compliance with all conditions shall be in place prior to the issuance of the first Certificate of Occupancy. 3. To the owner’s agreement to the following site development considerations: e. Within the “Village Green” in the northeast quadrant, provide a minimum of two benches or two picnic tables which shall be timber form construction or as approved by the Design Review Board. f. Provide one trash receptacle within the “Village Green” in the northeast quadrant as approved by the Design Review Board. g. The number and type of trees planted within the area of construction as depicted on the site plan received on February 28, 2017 and within the “Village Green” in the northeast quadrant shall be approved by the City Arborist ORDINANCE NO. PETITION NO. ZM17-02 STATE OF GEORGIA COUNTY OF FULTON AN ORDINANCE TO MODIFY CONDITION 2.A. OF A RESOLUTION OF FULTON COUNTY, 2004Z-043 PROPERTY LOCATED 980 BIRMINGHAM ROAD WITHIN LAND LOT 380, 2ND DISTRICT 2ND SECTION CONSISTING OF APPROXIMATELY 19.92 ACRES. BE IT ORDAINED by the City Council for the City of Milton, Georgia while in regular session on May 15, 2017 at 6:00 p.m. as follows: SECTION 1. That the condition of a resolution by the Fulton County Board of Commissioners, approved on November 3, 2004, for petition 2004Z-043 that approved a zoning to C-1 (Community Business) and AG-1 (Agricultural) Conditional, property located at 980 Birmingham Road consisting of a total of approximately 19.92 acres, attached hereto and made a part herein; SECTION 2. That the property shall be developed in compliance with the conditions of approval as attached to this ordinance (ZM17-02). Any conditions hereby approved (including any site plan) do not authorize the violation of any district regulations; and SECTION 3. That all ordinances or part of ordinances in conflict with the terms of this ordinance are hereby repealed; and SECTION 4. This Ordinance shall become effective upon adoption by the Mayor and City Council and the signature of approval of the Mayor. ORDAINED this 15th day of May, 2017. Approved: ______________________ Joe Lockwood, Mayor Attest: ___________________________ Sudie Gordon, City Clerk (Seal) RECOMMENDED CONDITIONS Should the Mayor and City Council approve this petition, the recommended conditions (ZM17-02) should be revised to read as follows: 2. To the owner’s agreement to abide by the following: a. To the revised site plan received by the Community Development Department the Department of Environment and Community Development on February 28, 2017 October 28, 2004 (Petitions 2004Z-043 NFC and 2004Z-0116 NFC combined). Said site plan is conceptual only and must meet or exceed the requirements of the Zoning Resolution and these conditions prior to the approval of a Land Disturbance Permit. Unless otherwise noted herein, compliance with all conditions shall be in place prior to the issuance of the first Certificate of Occupancy. 3. To the owner’s agreement to the following site development considerations: e. Within the “Village Green” in the northeast quadrant, provide a minimum of two benches or two picnic tables which shall be timber form construction or as approved by the Design Review Board. f. Provide one trash receptacle within the “Village Green” in the northeast quadrant as approved by the Design Review Board. g. The number and type of trees planted within the area of construction as depicted on the site plan received on February 28, 2017 and within the “Village Green” in the northeast quadrant shall be approved by the City Arborist ZM17-02 - Site Plan Submitted on February 28, 2017 MILTON 111N ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: May 4, 2017 FROM: Steven Krokoff, City Manag a AGENDA ITEM: Consideration of RZ17-02 -12800, 12830 and 12850 Hopewell Road by Fuqua & Associates -To Rezone from AG -1 (Agricultural) to R -4A (Single Family Dwelling) to Develop 17 Single Family Lots on 14.6 Acres at a Density of 1.16 Units per Acre. MEETING DATE: Monday, May 15, 2017 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: ( APPROVED (J NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: () YES ('NO CITY ATTORNEY REVIEW REQUIRED: () YES ONO APPROVAL BY CITY ATTORNEY. () APPROVED () NOT APPROVED PLACED ON AGENDA FOR: 65_I15�I201 -7 2006 Heritage Walk Milton, GA P: 678.242.25001 F: 678.242.2499 info@cityofmiltonga.us I www.cityofmiltonga.us 0000 Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on May 15, 2017 *Based on a revised site plan submitted on May 10, 2017. 5/11/2017 Page 1 of 26 RZ17-02 PETITION NO. RZ17-02 PROPERTY INFORMATION ADDRESS 12800, 12830, and 12850 Hopewell Road DISTRICT, LAND LOT 2/2 1107 and 1108 OVERLAY DISTRICT Rural Milton Overlay District EXISTING ZONING AG-1 (Agricultural) PROPOSED ZONING R-4A (Residential) ACRES 14.6 EXISTING USE Vacant single family residence PROPOSED USE 16 single family residential lots* PETITIONER Fuqua and Associates ADDRESS 985 Canonero Drive Milton, GA 30004 REPRESENTATIVE Scott Reece Brumbelow-Reese & Associates 13685 Highway 9 Milton, GA 30004 PHONE 770-475-6817 MAYOR AND CITY COUNCIL RECOMMENDAITON – APRIL 24, 2017 RZ17-02 – DEFER TO THE MAY 15, 2017 COUNCIL MEETING AS REQUESTED BY THE APPLICANT INTENT To rezone from AG-1 (Agricultural) to R-4A (Residential) to develop 16 single family homes on 14.6 acres at an overall density of 1.09 units per acre.* Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on May 15, 2017 *Based on a revised site plan submitted on May 10, 2017. 5/11/2017 Page 2 of 26 RZ17-02 COMMUNITY DEVELOPMENT RECOMMENDATION – MAY 15, 2017 RZ17-02– DENIAL PLANNING COMMISSION RECOMMENDATION – MARCH 22, 2017 RZ17-02– DENIAL – 6-0 The Planning Commission based their decision on the fact that the 2035 Future Land Use Plan Map that was approved by the Mayor and City Council in October of 2016 recommended that this property be developed as Agricultural, Equestrian and Estate Residential (AEE). Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on May 15, 2017 *Based on a revised site plan submitted on May 10, 2017. 5/11/2017 Page 3 of 26 RZ17-02 LOCATION MAP Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on May 15, 2017 *Based on a revised site plan submitted on May 10, 2017. 5/11/2017 Page 4 of 26 RZ17-02 CURRENT ZONING MAP Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on May 15, 2017 *Based on a revised site plan submitted on May 10, 2017. 5/11/2017 Page 5 of 26 RZ17-02 CITY OF MILTON 2035 COMPREHENSIVE FUTURE LAND USE MAP Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on May 15, 2017 *Based on a revised site plan submitted on May 10, 2017. 5/11/2017 Page 6 of 26 RZ17-02 SITE PLAN SUBMITTED ON JANUARY 31, 2017 Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on May 15, 2017 *Based on a revised site plan submitted on May 10, 2017. 5/11/2017 Page 7 of 26 RZ17-02 REVISED SITE PLAN SUBMITTED ON MARCH 3, 2017 Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on May 15, 2017 *Based on a revised site plan submitted on May 10, 2017. 5/11/2017 Page 8 of 26 RZ17-02 REVISED SITE PLAN SUBMITTED ON MARCH 22, 2017 (Created Cul-de-Sac) Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on May 15, 2017 *Based on a revised site plan submitted on May 10, 2017. 5/11/2017 Page 9 of 26 RZ17-02 REVISED SITE PLAN SUBMITTED ON MAY 10, 2017 Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on May 15, 2017 *Based on a revised site plan submitted on May 10, 2017. 5/11/2017 Page 10 of 26 RZ17-02 Subject Site from Hopewell Road Glenhaven S/D Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on May 15, 2017 *Based on a revised site plan submitted on May 10, 2017. 5/11/2017 Page 11 of 26 RZ17-02 Hopewell Place S/D Vickery Crest S/D SUBJECT SITE AND BACKGROUND: The subject site contains 14.565 acres and with two single family dwellings and is located on the west side of Hopewell Road with Vaughn Drive to the east. The site is located within the Agricultural, Equestrian, Estate Residential (AEE) designation of the City of Milton 2035 Comprehensive Plan Map recently adopted on October 17, 2016. Staff also notes that this property is within the Rural Milton Overlay. Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on May 15, 2017 *Based on a revised site plan submitted on May 10, 2017. 5/11/2017 Page 12 of 26 RZ17-02 The applicant is requesting a rezoning to R-4A (Residential) with minimum 15,000 square foot lots to develop 16 single family residences on at an overall density of 1.09 units per acre. * SITE PLAN ANALYSIS Based on the applicant’s revised site plan submitted to the Community Development Department on May 10, 2017, Staff offers the following considerations: DEVELOPMENT STANDARDS – SEC. 64-577 - R-4A (Single Family Dwelling District) and Rural Milton Overlay* Development Standards Proposed Development There shall be a maximum height limit of two stories with the maximum height of 28 feet from average finished grade to the bottom of the roof eave.* None indicated. Minimum front yard – 35 feet 35 feet Minimum side yard as follows: Adjacent to interior line: 7 feet Adjacent to street: 20 feet 7 feet 20 feet 25 feet between homes Minimum rear yard –25 feet 50 feet Minimum lot area – 12,000 sq.ft. 15,000 sq. ft. and 1 acre adjacent to Hopewell Road Minimum lot width shall be 85 ft. 85 feet Minimum lot frontage shall be 35 feet adjoining a street 35 feet Minimum heated floor area shall be as follows: For less than two-story dwelling: 1,200 sq. ft. For two-story dwelling: 1,320 sq.ft. 3,000 sq. ft. – 1 story 4,000 sq. ft. - 2 story Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on May 15, 2017 *Based on a revised site plan submitted on May 10, 2017. 5/11/2017 Page 13 of 26 RZ17-02 LANDSCAPE STRIPS AND BUFFERS The proposed development shall comply with Article III, Tree Preservation and Administrative Guidelines within the Zoning Ordinance, Sec. 64-237 (g) of the Zoning Ordinance which states “Unless otherwise specified, lots developed with single-family detached dwelling units are not required to provide landsc ape areas or zoning buffers”. OTHER SITE PLAN CONSIDERATIONS The original site plan indicated inter-parcel with Vickery Crest to the north, this connection is not required by either the Fire Marshal or the Transportation Engineer. Since that submittal, the applicant has provided a revised site plan on March 22, 2017 that shows the street as a cul -de-sac with no connection with Vickery Crest and the number of lots remain the same. The revised site plan submitted on May 10, 2017 indicates a cul-de-sac as well as including an additional common area between lots 8 and 9. The goal was to preserve the specimen trees in the area. The applicant will be required to dedicate sufficient right-of-way in order to build the Milton Trail on the west side of the Hopewell Road. In addition, the site plan does not indicate sidewalks within the interior of the subdivision. At the time of the Land Disturbance Permit, the developer shall be in conformance with Sec. 48-562, Streets, Sidewalks and Other Public Places. At the Planning Commission meeting, the applicant stated that they would include the required sidewalks interior to the sidewalk. Staff will condition the two one-acre lots adjacent to Hopewell Road with the Rural Viewshed since R-4A zoning district is not required to provide a Rural Viewshed. The Intergovernmental Agreement for the Extraterritorial Provision of Sewer Service with Fulton County and the associated map indicates that sewer service infrastructure was fully installed prior to the date of the agreement. This recognition shall not be construed as allowing new sewer connections within this area and new sewer service shall not be authorized within such areas. ENVIRONMENTAL SITE ANALYSIS The Environmental Site Analysis (ESA) report is sufficient and satisfies the requirement of Sec. 64-2126. The applicant has stated the following: Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on May 15, 2017 *Based on a revised site plan submitted on May 10, 2017. 5/11/2017 Page 14 of 26 RZ17-02 “The specimen trees have been identified and are shown on the site plan. There is no Zone A floodplain on this parcel per official FEMA flood map. There is a stream flowing through the southwestern portion of the property that has been located, and the City buffers have been incorporated into the proposed site plan. Wetlands located on the site are located within the 25 foot stream buffers No construction activities are proposed in any stream buffers. If constructed, the subdivision would have to gain approval of a 3-phase erosion control plan and best management practices to mitigate any downstream effects. Our field inspections discovered no vegetation or wildlife, including fish, listed on the environmental protection list. Our field observation revealed no archaeological or historical sites located on this property.” ARBORIST COMMENTS Based on the revised site plan submitted May 10, 2017, 4 significant specimen trees are to be impacted or removed. Recompense will be required for these trees. There are additional specimen trees along Hopewell that shall remain undisturbed. There is also nice young hardwood growth within the northern portion of the site. Much of site will be cleared with the exception of state waters buffer area to the south. CITY OF MILTON FIRE MARSHAL The subdivision is allowed to have only one entrance based on the small number of houses (though the one to the north only has one entrance, the ordinance did not change until after that subdivision was platted and built). The preference would be that the connection be made. However, from a code perspective, it is not required. TRANSPORTATION A new entrance is proposed approximately 270’ south of Glenhaven Drive (on east side of Hopewell Rd) and 970’ south of Hopewell Place Dr. (existing entrance to Vickery Crest) per the site plan. These meet the driveway spacing criteria. Average Daily Traffic volumes for 2014 on Hopewell Rd is 9,170 vehicles per day. Intersection sight distance looking both east and west at new proposed entrance is over 500 feet per the site plan. Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on May 15, 2017 *Based on a revised site plan submitted on May 10, 2017. 5/11/2017 Page 15 of 26 RZ17-02 ITE Trip Generations Single Family Homes Daily Left In Right In Left Warrant Right Warrant 16 lots 153 54 23 175 75 If turn lanes are not warranted, right-of-way and easements for future construction is still required. Provide a minimum 20 foot wide cross-access easement free of any structures or above ground utilities for pedestrian inter-parcel access on the north property line as approved by the City of Milton Public Works Department. FULTON COUNTY BOARD OF EDUCATION Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on May 15, 2017 *Based on a revised site plan submitted on May 10, 2017. 5/11/2017 Page 16 of 26 RZ17-02 FINANCIAL MODELING RESULTS Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on May 15, 2017 *Based on a revised site plan submitted on May 10, 2017. 5/11/2017 Page 17 of 26 RZ17-02 PUBLIC INVOLVEMENT On February 28, 2017 the applicant’s representative was present at the Community Zoning Information Meeting (CZIM) held at the Milton City Hall. There were approximately 15 people in attendance at the meeting. They voiced their objections to the proposed development with the following comments: 1. It is against the 2035 Future Land Use Plan for minimum one acre lots that was just approved in October 2016. 2. It will cause additional traffic within Vickery Crest and the area in general . 3. The residents are tired of additional homes being built that are not consistent with the approved Future Land Use Plan for AEE (one acre lots). 4. Want to be assured that the new homes with be as large as the existing homes in Vickery Crest and not connect with Vickery Crest. 5. Residents of Brookshade (north of Vickery Crest) are concerned that if this property is rezoned to R-4A then the property south of Brookshade will also be rezoned to higher density. PUBLIC PARTICIPATION REPORT The applicant conducted the Public Participation Meeting on March 9, 2017 from 6:30 to 8:30 p.m. at the Brumbelow-Reese Office, 13685 Hwy 9 North. The applicant also met with the Vickery Crest HOA on February 24, 2017. There were three people in attendance. The following issues and concerns were expressed: 1) The density of the development. 2) How close to the rear property lines could the houses be built. 3) Separation distance between houses. 4) Square footage of houses. 5) Price of new houses. 6) Street connection with Vickery Crest. The applicant responded to the issues and concerns with the following: 1) The density of the surrounding properties and subdivisions match or exceed the density of the proposed development. 2) Revised site plan to increase setbacks and separation. 3) Clarified building square footage. Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on May 15, 2017 *Based on a revised site plan submitted on May 10, 2017. 5/11/2017 Page 18 of 26 RZ17-02 CITY OF MILTON DESIGN REVIEW BOARD COURTESY REVIEW – March 7, 2017 1) Can the entrance line up with Glenhaven entrance? 2) Questioned if the lots that include the stream buffer are large enough to accommodate a swimming pool without any variances? 3) Can the large specimen trees be saved? Standards of Review (Section 64-2104) Planning Staff shall, with respect to each zoning application, investigate and make a recommendation with respect to factors 1 through 7, below, as well as any other factors it may find relevant. 1. Whether or not the proposal will permit a use that is suitable in view of the use and development of adjacent and nearby Property? The proposed 16 lot subdivision consists of lots between 16,833 and 24,930 square feet in size.* There are one acre lots that abut Hopewell Road. To the north is Vickery Crest subdivision which has developed lots between 15,000 and 20,000 square feet in size adjacent to the subject site. To the east, is Glenhaven Subdivision zoned T-3 (Transect Zone) developed with large common areas along Hopewell Road and minimum 5,000 square foot lots within the development. Also, to the south east within the City of Alpharetta is Cottonwood Estates Gracious Living Retirement Facility zoned C-2. Further to the south east is Orchards at Hopewell also within the City of Alpharetta zoned R-8. To the south of the subject site is undeveloped R-15 within the City of Alpharetta. To the west is Andover North subdivision within the City of Alpharetta zoned R-15. The proposed development is consistent with adjacent and nearby developments in the area. Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on May 15, 2017 *Based on a revised site plan submitted on May 10, 2017. 5/11/2017 Page 19 of 26 RZ17-02 Existing uses and zoning of nearby property Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on May 15, 2017 *Based on a revised site plan submitted on May 10, 2017. 5/11/2017 Page 20 of 26 RZ17-02 Location Parcel / Zoning Petition Zoning / Name Approved Density/Min. Heated Floor Area North 1 RZ04-144/ RZ05-135 CUP (Community Unit Plan) Vickery Crest S/D 1 u/a (RZ04-144) Min 18,000sq.ft. lots / 2,500 s.f. 1.88 u/a Min 15,000 sq.ft. lots/ 2,500 s.f. 1 acre lots along Hopewell Rd and north portion of Subdivision. 1.88 u/a (RZ05-135) 20,000 s.f. adj. to Andover Norh, 18,000 s.f adj. to Providence Oaks S/D, 1 acre for septic lots and 15,000 s.f. for remaining lots. 2,500 s.f. heated floor area Further Northeast 2 RZ03-122/ RZ03-41 R-3 (Single Family Residential) Milton Place 1.64 u/a 2,750 s.f. 1.67 u/a 2,750 s.f. 1 acre lots along Hopewell Rd. Further Northeast 3 RZ95-21 R-3 (Single Family Residential) Hopewell Place S/D 2 u/a 1,800 s.f. 1 acre lots along Hopewell Rd. Further Northeast 4 RZ98-81 T-3 (Transect Zone) Developed under CUP (Community Unit Plan) Southfield S/D 2.5 u/a 1,700 s.f. Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on May 15, 2017 *Based on a revised site plan submitted on May 10, 2017. 5/11/2017 Page 21 of 26 RZ17-02 East 5 RZ12-16/VC12-06 T-3 (Transect Zone) Developed under NUP (Neighborhood Unit Plan) 3.46 u/a 2,700 s.f. East 6 City of Alpharetta C-2 Cottonwood Estates Gracious Living Retirement Facility Multi-Family Southeast 7 City of Alpharetta R-8 Orchards at Hopewell (Minimum 8,000 square feet lots) South and west 8 City of Alpharetta R-15 Andover North and Lantern Ridge (Minimum 15,000 square foot lots) South 9 City of Alpharetta R-15 Undeveloped (Minimum 15,000 square foot lots) Northwest 10 RZ93-035 R-4A Providence Oaks S/D 2.14 u/a 2,500 s.f. 50 foot setback adjacent to AG-1 2. Whether or not the proposal will adversely affect the existing use or usability of adjacent or nearby property? It is Staff’s opinion that the proposed development may adversely affect the existing use or usability of adjacent or nearby property based on the fact the 2035 Future Land Use Plan Map recommends that the subject site be developed AEE (Agricultural, Equestrian and Estate Residential) which requires one unit per acre and one acre lots. 3. Whether the property to be affected by the proposal has a reasonable economic use as currently zoned? The subject site may have a reasonable use currently zoned AG-1 (Agricultural). 4. Whether the proposal will result in a use which will or could cause an excessive or burdensome use of existing streets, transportation facilities, utilities or schools? It is Staff’s opinion that the proposal may cause a burden on existing streets and schools if approved. Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on May 15, 2017 *Based on a revised site plan submitted on May 10, 2017. 5/11/2017 Page 22 of 26 RZ17-02 5. Whether the proposal is in conformity with the policies and intent of the land use plan? City of Milton 2035 Comprehensive Land Use Plan Map – Agricultural, Equestrian, and Estate Residential / INCONSISTENT Inconsistent with the following Plan Policy: We will encourage development that is sensitive to the overall setting of the community and will contribute to our community’s character and sense of place. Proposed use/density: Single Family Residential at 1.09 units per acre* is inconsistent with the recommended density of one unit per acre for Agricultural, Equestrian, and Estate Residential. Whether there are other existing or changed conditions affecting the use and development of the property which gives supporting grounds for either approval or disapproval of the proposal? The proposed development is inconsistent with the Plan Map recommendation of Agricultural, Equestrian and Estate Residential which requires minimum one acre lots. The Plan Map was recently approved by the Mayor and City Council in October, 2016. Previous zonings and development adjacent to and surrounding the subject site were approved prior to the most recent Comprehensive Land Use Plan Map adoption. Based on these facts, it is grounds to recommend DENIAL of RZ17-02. 6. Whether the zoning proposal will permit a use which can be considered environmentally adverse to the natural resources, environment and citizens of the City of Milton? Based on the number and size of specimen trees to be removed, it is Staff’s opinion that the proposed use may be environmentally adverse to the natural resources, environment and citizens of the City. Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on May 15, 2017 *Based on a revised site plan submitted on May 10, 2017. 5/11/2017 Page 23 of 26 RZ17-02 CONCLUSION The proposed 16 lot single family subdivision is inconsistent with the City of Milton’s 2035 Comprehensive Land Use Plan Map for “Agricultural, Equestrian, and Estate Residential”. Therefore, Staff recommends DENIAL of RZ17-02 to rezone from AG-1(Agricultural) to R-4A (Single Family Residential). A set of Recommended Conditions are included if the Mayor and City Council chooses to approve this petition. Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on May 15, 2017 *Based on a revised site plan submitted on May 10, 2017. 5/11/2017 Page 24 of 26 RZ17-02 RECOMMENDED CONDITIONS If this petition is approved by the Mayor and City Council, the rezoning of property located on Hopewell Road it should be approved for R-4A (Single Family Residential) CONDITIONAL subject to the owner’s agreement to the following enumerated conditions. Where these conditions conflict with the stipulations and offerings contained in the Letter of Intent, these conditions shall supersede unless specifically stipulated by the Mayor and City Council. 1) To the owner’s agreement to restrict the use of the subject property as follows: a) Single family detached dwellings and accessory uses and structures. b) No more than 16 total dwelling units at a maximum density of 1.09 units per acre*, whichever is less, based on the total acreage zoned. Approved lot/unit totals are not guaranteed. The developer is responsible through site engineering (at the time of application for a Land Disturbance Permit) to demonstrate that all lots/units within the approved development meet or exceed all the development standards of the City of Milton. The total lot/unit yield of the subject site shall be determined by this final engineering. 2) To the owner’s agreement to abide by the following: a) To the revised site plan received by the Community Development Department on May 10, 2017. Said site plan is conceptual only and must meet or exceed the requirements of the Zoning Ordinance, all other applicable city ordinances and these conditions prior to the approval of a Land Disturbance Permit. Unless otherwise noted herein, compliance with all conditions shall be in place prior to the issuance of the first Certificate of Occupancy. b) All areas which are not part of an individual lot and held in common shall be maintained by a mandatory homeowners association, whose proposed documents of incorporation shall be submitted to the Director of Community Development for review and approval prior to the recording of the first final plat. Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on May 15, 2017 *Based on a revised site plan submitted on May 10, 2017. 5/11/2017 Page 25 of 26 RZ17-02 3) To the owner’s agreement to the following site development considerations: a) Minimum front yard – 35 feet b) Minimum side yard as follows: i. Adjacent to interior line: 7 feet ii. Adjacent to street: 20 feet iii. 25 feet between homes c) Minimum rear yard –50 feet d) Minimum lot area as follows: i. 15,000 sq. feet. ii. 1 acre adjacent to Hopewell Road e) Minimum lot width shall be 85 feet f) Minimum lot frontage shall be 35 feet adjoining a street. g) Minimum heated floor area shall be as follows: i. For one story - 3,000 square feet ii. For two story – 4,000 square feet h) Lots 1 and 16 (adjacent to Hopewell Road) shall be incompliance with the Rural Viewshed pursuant to Sec. 64-416(k). 4) To the owner’s agreement to abide by the following requirements, dedication, and improvements: a) Dedicate at no cost to the City of Milton prior to the approval of a Certificate of Occupancy, sufficient land as necessary to provide the following: i. All necessary right-of-way and easements for the proposed future construction of the Milton Trail along entire property frontage Hopewell Road ii. All necessary right of way and easements for the future construction of turn lanes, even if turn lanes are not warranted b) Provide a minimum 20 foot wide cross-access easement free of any structures or above ground utilities for pedestrian inter-parcel access on the north property line as approved by the City of Milton Public Works Department. c) Access to the site shall be subject to the approval of City of Milton Department of Public Works, prior to the issuance of a Land Disturbance Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on May 15, 2017 *Based on a revised site plan submitted on May 10, 2017. 5/11/2017 Page 26 of 26 RZ17-02 Permit, Subdivision Plat or Certificate of Occupancy (whichever comes first). Entrance(s) shall conform to Chapter 48 Streets, Sidewalks and Other Public Places of the City of Milton Code of Ordinances, or be reconstructed to meet such criteria as required by the Department of Public Works. d) A stormwater management concept plan shall be submitted and approved by Milton Public Works Department prior to submission of land disturbance application. Page 1 of 7 ORDINANCE NO._______ PETITION NO. RZ17-02 STATE OF GEORGIA COUNTY OF FULTON AN ORDINANCE TO APPROVE A REZONING FROM AG-1 (AGRICULTURAL) TO R-4A (SINGLE FAMILY DWELLING) FOR A 16 LOT SINGLE FAMILY SUBDIVISION ON 14.6 ACRES LOCATED AT 12800, 12830 AND 12850 HOPEWELL ROAD. BE IT ORDAINED by the City Council for the City of Milton, Georgia while in regular session on May 15, 2017 at 6:00 p.m. as follows: SECTION 1. That the Zoning Ordinance of the City of Milton be amended, so that the following property located at 12800, 12830 and 12850 Hopewell Road consisting of a total of approximately 14.6 acres as described in the attached legal description, be approved for a 16 lot single family subdivision zoned R-4A (Single Family Dwelling) with conditions, attached hereto and made a part herein; ALL THAT TRACT or parcel of land lying and being Land Lots 1107, and 1108 of the 2nd District 2nd Section, City of Milton, Fulton County, Georgia; and SECTION 2. That the single family subdivision in the attached conditions of approval, be approved under the provisions in Article VI, Division 9, of the Zoning Ordinance of the City of Milton; and SECTION 3. That the property shall be developed in compliance with the conditions of approval as attached to this ordinance. Any conditions hereby approved (including any site plan) do not authorize the violation of any district regulations; and SECTION 4. That all ordinances or part of ordinances in conflict with the terms of this ordinance are hereby repealed; and SECTION 5. This Ordinance shall become effective upon adoption by the Mayor and City Council and the signature of approval of the Mayor. ORDAINED this 15th day of May, 2017. Page 2 of 7 Approved: ______________________ Joe Lockwood, Mayor Attest: ________________________________ Sudie Gordon, City Clerk (Seal) Page 3 of 7 RECOMMENDED CONDITIONS If this petition is approved by the Mayor and City Council, the rezoning of property located on Hopewell Road it should be approved for R-4A (Single Family Residential) CONDITIONAL subject to the owner’s agreement to the following enumerated conditions. Where these conditions conflict with the stipulations and offerings contained in the Letter of Intent, these conditions shall supersede unless specifically stipulated by the Mayor and City Council. 1) To the owner’s agreement to restrict the use of the subject property as follows: a) Single family detached dwellings and accessory uses and structures. b) No more than 16 total dwelling units at a maximum density of 1.09 units per acre, whichever is less, based on the total acreage zoned. Approved lot/unit totals are not guaranteed. The developer is responsible through site engineering (at the time of application for a Land Disturbance Permit) to demonstrate that all lots/units within the approved development meet or exceed all the development standards of the City of Milton. The total lot/unit yield of the subject site shall be determined by this final engineering. 2) To the owner’s agreement to abide by the following: a) To the revised site plan received by the Community Development Department on May 10, 2017. Said site plan is conceptual only and must meet or exceed the requirements of the Zoning Ordinance, all other applicable city ordinances and these conditions prior to the approval of a Land Disturbance Permit. Unless otherwise noted herein, compliance with all conditions shall be in place prior to the issuance of the first Certificate of Occupancy. b) All areas which are not part of an individual lot and held in common shall be maintained by a mandatory homeowners association, whose proposed documents of incorporation shall be submitted to the Director of Community Development for review and approval prior to the recording of the first final plat. 3) To the owner’s agreement to the following site development considerations: a) Minimum front yard – 35 feet b) Minimum side yard as follows: i. Adjacent to interior line: 7 feet Page 4 of 7 ii. Adjacent to street: 20 feet iii. 25 feet between homes c) Minimum rear yard –50 feet d) Minimum lot area as follows: i. 15,000 sq. feet. ii. 1 acre adjacent to Hopewell Road e) Minimum lot width shall be 85 feet f) Minimum lot frontage shall be 35 feet adjoining a street. g) Minimum heated floor area shall be as follows: i. For one story - 3,000 square feet ii. For two story – 4,000 square feet h) Lots 1 and 16 (adjacent to Hopewell Road) shall be incompliance with the Rural Viewshed pursuant to Sec. 64-416(k). 4) To the owner’s agreement to abide by the following requirements, dedication, and improvements: a) Dedicate at no cost to the City of Milton prior to the approval of a Certificate of Occupancy, sufficient land as necessary to provide the following: i. All necessary right-of-way and easements for the proposed future construction of the Milton Trail along entire property frontage Hopewell Road ii. All necessary right of way and easements for the future construction of turn lanes, even if turn lanes are not warranted b) Provide a minimum 20 foot wide cross-access easement free of any structures or above ground utilities for pedestrian inter-parcel access on the north property line as approved by the City of Milton Public Works Department. c) Access to the site shall be subject to the approval of City of Milton Department of Public Works, prior to the issuance of a Land Disturbance Permit, Subdivision Plat or Certificate of Occupancy (whichever comes first). Entrance(s) shall conform to Chapter 48 Streets, Sidewalks and Other Public Places of the City of Milton Code of Ordinances, or be reconstructed to meet such criteria as required by the Department of Public Works. d) A stormwater management concept plan shall be submitted and approved by Milton Public Works Department prior to submission of land disturbance application. Page 5 of 7 Page 6 of 7 Page 7 of 7 REVISED SITE PLAN SUBMITTED ON MAY 10, 2017 (16 LOTS) TO: FROM: AGENDA ITEM: MEETING DATE: MILTON'lP ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM City Council DATE: May 4, 2017 Steven Krokoff, City Manager Consideration of a Resolution Authorizing the Issuance and Sale of General Obligation Bonds. Monday, May 15, 2017 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (.a APPROVED (J NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: (-rYES () NO CITY ATTORNEY REVIEW REQUIRED: ( (YES () NO APPROVAL BY CITY ATTORNEY: (,APPROVED (J NOT APPROVED PLACED ON AGENDA FOR: aS151 Zot I 2006 Heritage Walk Milton, GA 0000 P: 678.242.25001 F: 678.242.2499 info@cityofmiltonga.us I www.cityofmiltonga.us M STATE OF GEORGIA RESOLUTION NO. 17-05-421 COUNTY OF FULTON A RESOLUTION PROVIDING FOR: (1) THE ISSUANCE OF $25,000,000 IN AGGREGATE PRINCIPAL AMOUNT OF THE CITY OF MILTON GENERAL OBLIGATION BONDS, SERIES 2017; (2) THE NAMING OF AN AUTHENTICATING AGENT, BOND REGISTRAR AND PAYING AGENT FOR SAID BONDS; (3) THE ADOPTION OF A FORM TO WHICH SAID BONDS SHALL ADHERE; (4) THE PREPARATION OF A TAX DIGEST AND THE LEVY OF A TAX SUFFICIENT TO PAY THE PRINCIPAL OF AND INTEREST ON SAID BONDS; (5) THE EXECUTION AND DELIVERY OF A CONTINUING DISCLOSURE CERTIFICATE; (6) THE EXECUTION AND DISTRIBUTION OF AN OFFICIAL STATEMENT; AND (7) FOR OTHER RELATED PURPOSES: WHEREAS, at an election duly called and held in the City of Milton, Georgia (the “City”) on November 8, 2016 (the “Election”), a majority of the qualified voters of the City voting in the Election approved the issuance of general obligation bonds by the City in an aggregate principal amount not to exceed $25,000,000 (the “Bonds”); and WHEREAS, the City proposes issuing the Bonds; and WHEREAS, the Bonds will be designated as the City of Milton General Obligation Bonds, Series 2017; and WHEREAS, the proceeds of the Bonds will be used to (a) acquire conservation land and interests in conservation land (the “Projects”) and (b) pay the costs of issuing the Bonds; and WHEREAS, it is necessary for the City to prepare a tax digest and to determine the amount to be raised by a tax on all of the property subject to taxation for general obligation bond purposes in the City and to cause the levy of an annual tax sufficient in amount to pay the principal of and interest on the Bonds as the same become due; and WHEREAS, it is also necessary for the City to designate an Authenticating Agent, Bond Registrar and Paying Agent to act on its behalf with respect to the Bonds; and WHEREAS, it is also necessary for the City to adopt a form to which the Bonds shall adhere and to provide for the execution and delivery of the Bonds and other matters in connection with the issuance and delivery of the Bonds; and WHEREAS, it is also necessary for the City to ratify the distribution of a Preliminary Official Statement, dated May 9, 2017 (the “Preliminary Official Statement”) relating to the Bonds and to authorize the distribution and execution of an Official Statement, dated the date hereof (the “Official Statement”) relating to the Bonds; and 2 WHEREAS it is also necessary for the City to authorize the sale of the Bonds to _____________ (the “Underwriter”); and WHEREAS, it is also necessary for the City to authorize the execution and delivery of a Continuing Disclosure Certificate, dated May 15, 2017 (the “Continuing Disclosure Certificate”). NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Milton, and IT IS HEREBY RESOLVED by the authority of the same, as follows: Section 1. Terms of Bonds; Payment. The issuance of $25,000,000 in aggregate principal amount of Bonds is hereby authorized. The Bonds shall be designated as the “City of Milton General Obligation Bonds, Series 2017”. The Bonds shall be dated their date of issuance, shall be issued in the denomination of $5,000 each or any integral multiple thereof and shall be numbered R-1. The Bonds shall bear interest (based upon a 360-day year comprised of twelve thirty-day months) from the Interest Payment Date (hereinafter defined) next preceding their date of authentication to which interest has been paid (unless their date of authentication is an Interest Payment Date, in which case from such Interest Payment Date, unless their date of authentication is after a Record Date (hereinafter defined) but before an Interest Payment Date, in which case from the next Interest Payment Date, or unless their date of authentication is before the first Interest Payment Date, in which case from their date of issuance) at the rates per annum set forth below until paid. Interest shall be payable on April 1 and October 1 in each year (each such date, an “Interest Payment Date”), commencing October 1, 2017. The principal shall mature on the 1st day of April in the years and amounts, as follows: Year Amount Rate 2019 $ 945,000 2020 975,000 2021 1,010,000 2022 1,045,000 2023 1,085,000 2024 1,125,000 2025 1,165,000 2026 1,205,000 2027 1,245,000 2028 1,290,000 2029 1,340,000 2030 1,385,000 2031 1,435,000 2032 1,485,000 2033 1,540,000 2034 1,595,000 3 2035 1,650,000 2036 1,710,000 2037 1,770,000 Section 2. Medium and Places of Payment. The Bonds shall initially be issued in Book-Entry Form (hereinafter defined). As long as the Bonds are held in Book-Entry Form, the principal of and interest on the Bonds shall be payable in the manner set forth in Section 16 of this Resolution. When the Bonds are not in Book-Entry Form, the principal of the Bonds shall be payable upon presentation and surrender thereof at the principal corporate trust office of the Paying Agent. When the Bonds are not in Book-Entry Form, payments of interest on the Bonds shall be made by check or draft payable to the registered owner as shown on the bond registration book kept by the Bond Registrar at the close of business on the fifteenth day of the calendar month next preceding each Interest Payment Date (the “Record Date”), and such payments of interest shall be mailed by first class mail to the registered owner at the address shown on the bond registration book; provided, however, interest on the Bonds shall be paid to any registered owner of more than $1,000,000 in aggregate principal amount of the Bonds by wire transfer to such registered owner if written instructions are given to the Paying Agent prior to the Record Date preceding the Interest Payment Date, and interest shall continue to be so paid until such wire instructions are revoked in writing. Both the principal of and interest on the Bonds shall be payable in lawful money of the United States of America. Section 3. Authentication of Bonds. Only such Bonds as shall have endorsed thereon a certificate of authentication duly executed by the Bond Registrar shall be deemed to be validly issued hereunder. No Bonds shall be valid or obligatory for any purpose unless and until such certificate of authentication shall have been executed by the Bond Registrar, and such executed certificate of the Bond Registrar upon any such Bond shall be conclusive evidence that such Bond has been authenticated and delivered hereunder. It shall not be necessary that the same authorized signatory sign the certificate of authentication on all of the Bonds. Section 4. Transfer and Exchange of Bonds. The Bond Registrar shall cause books for the registration of transfer of the Bonds to be kept. When the Bonds are in Book-Entry Form, the Bonds may be registered as transferred or exchanged in the manner set forth in Section 16 of this Resolution. When the Bonds are not in Book-Entry Form, the Bonds may be registered as transferred at the principal corporate trust office of the Bond Registrar by the registered owner thereof in person or by the owner’s duly authorized attorney, upon surrender thereof, together with a written instrument of transfer executed by the owner or the owner’s duly authorized attorney. Upon surrender for registration of transfer of any Bond, the City shall execute, and the Bond Registrar shall authenticate and deliver in the name of the transferee or transferees a new Bond or Bonds of the same maturity, interest rate, aggregate principal amount and tenor and of any authorized denomination or denominations, numbered consecutively in order of issuance according to the records of the Bond Registrar. When the Bonds are not in Book-Entry form, the Bonds may be exchanged at the principal corporate office of the Bond Registrar for an equal aggregate principal amount of 4 Bonds of the same maturity, interest rate, aggregate principal amount and tenor and of any authorized denomination or denominations. The City shall execute, and the Bond Registrar shall authenticate and deliver, Bonds which the Bondholder making such exchange is entitled to receive, bearing numbers not contemporaneously then outstanding. Such transfers of registration or exchanges of Bonds shall be without charge to the owner of such Bonds, but any tax or other governmental charge, required to be paid with respect to the same shall be paid by the owner of the Bonds requesting such transfer or exchange as a condition precedent to the exercise of such privilege. All Bonds surrendered upon any transfer or exchange provided for in this Resolution shall be promptly canceled by the Bond Registrar and shall not be reissued. Upon request of the City a certificate evidencing such cancellation shall be furnished by the Bond Registrar to the City. Section 5. Registered Owners. The person in whose name any Bond shall be registered shall be deemed and regarded as the absolute owner thereof for all purposes, and payment of or on account of either principal or interest shall be made only to or upon the order of the registered owner thereof or his duly authorized attorney, but such registration may be changed as hereinabove provided. All such payments shall be valid and effectual to satisfy and discharge the liability upon such Bond to the extent of the sum or sums so paid. Section 6. Continuing Request. The inclusion of the foregoing provisions shall constitute (a) a continuing request from the City to the Clerk of the Superior Court of Fulton County, Georgia, unless his or her signature shall occur by facsimile, to execute the certificate of validation on any replacement Bonds issued pursuant hereto, and (b) the appointment of the Bond Registrar as agent for the City to do any and all things necessary to affect any replacement, exchange or registration of transfer. Section 7. Mutilated or Destroyed Bonds. In case any Bond shall become mutilated or be destroyed or lost, the City may cause to be executed, authenticated and delivered a new Bond of like date and tenor in exchange or substitution for any such Bond upon, in the case of mutilated Bonds, surrender of such Bonds, or in the case of destroyed or lost Bonds, the owners filing with the City, the Paying Agent and the Bond Registrar evidence satisfactory to them that such Bond was destroyed or lost and providing indemnity satisfactory to them. If any such Bond shall have matured, instead of issuing a new Bond, the City may pay the same. Section 8. Redemption. The Bonds maturing on or after April 1, 2028 are subject to optional redemption, in whole or in part at any time, on or after April 1, 2027, in the order of maturities selected by the City, at a redemption price equal to the principal amount thereof, plus accrued interest to the redemption date. The Bonds are subject to optional redemption, in whole or in part at any time, in the order of maturities selected by the City, at a redemption price equal to the principal amount thereof, plus accrued interest to the redemption date, from the proceeds derived from the sale of development rights. 5 Notice of any redemption of the Bonds, identifying the Bonds (or any portion of the respective principal sums thereof) to be redeemed, shall be given by the Paying Agent not less than 30 nor more than 60 days prior to the redemption date (a) in accordance with the rules of the Securities Depository (hereinafter defined) while the Bonds are in Book-Entry form and (b) by first-class mail, postage prepaid to all registered owners of the Bonds to be redeemed if the Bonds are no longer in Book-Entry form. Failure of any holder of any Bond to receive any such notice, or any defect in the notice, shall not affect the validity of the proceedings for such redemption or cause the interest to accrue on the principal amount of the Bonds so designated for redemption after the redemption date. If at the time of mailing of notice of redemption there have not been deposited with the Paying Agent moneys sufficient to redeem all Bonds called for redemption, such notice will state that it is conditional upon the deposit of the redemption moneys with the Paying Agent not later than the opening of business on the date established for redemption, and such notice will be of no effect unless such moneys are so deposited. Section 9. Designation of Paying Agent. Regions Bank, Atlanta, Georgia, is hereby designated to act as Authenticating Agent, Bond Registrar and Paying Agent with respect to the Bonds. Section 10. Debt Service Schedule. For the purpose of paying the principal of and interest on the Bonds, it is necessary to raise in each of the years set forth in Exhibit A attached hereto and made a part hereof (the “Debt Service Schedule”) the amounts set forth in the Debt Service Schedule. Section 11. Preparation of Tax Digest. Prior to the issuance of the Bonds and each year that the Bonds are outstanding, the appropriate officer or employee of the City is hereby directed to ascertain from the tax returns made to the Tax Commissioner, and from the tax returns made to the Commissioner of the Department of Revenue of the State of Georgia, the total value of all the property in the City subject to taxation for bond purposes, and to prepare a digest of all such property. Section 12. Tax Levy. There is hereby levied an annual tax upon all the property within the City subject to taxation for bond purposes sufficient to produce the amounts set forth in the Debt Service Schedule. Such tax is irrevocably pledged to the payment of the principal of and interest on the Bonds. Provisions shall be made in each year in the annual appropriation process to meet the requirements of this Resolution. Section 13. Execution of Bonds. The Bonds shall be executed for and on behalf of the City by the manual or duly authorized reproduced facsimile signature of the Mayor or Mayor Pro-Tem and the seal of the City shall be impressed or imprinted thereon and attested by the manual or duly authorized reproduced facsimile signature of the Clerk or Assistant Clerk. In case any officer whose signature shall be affixed to the Bonds or who shall have sealed any of the Bonds shall cease to be such officer before the Bonds so signed and sealed shall have been actually delivered, the Bonds, nevertheless, shall be valid Bonds of the City and may be 6 delivered as such notwithstanding the fact that such officer or officers may have ceased to be such officer or officers of the City when the Bonds shall be actually delivered. Section 14. Bond Form. The Bond, the certificate of validation and the provision for registration shall be in substantially the following forms: 7 (FORM OF BOND) UNITED STATES OF AMERICA STATE OF GEORGIA CITY OF MILTON GENERAL OBLIGATION BOND, SERIES 2017 No. R-___ Dated Date: June 8, 2017 $____________ Maturity Date: April 1, ____ Interest Rate: _____% CUSIP: ___________ KNOW ALL MEN BY THESE PRESENTS: That The City of Milton, Georgia (the “City”) hereby acknowledges itself to owe, and for value received hereby promises to pay to Cede & Co., as nominee of The Depository Trust Company (“DTC”), or registered assigns, in lawful money of the United States of America, the principal sum shown above on the date indicated above, unless redeemed prior thereto as hereinafter provided, and interest hereon at the rate per annum set forth above (computed on the basis of a 360-day year comprised of twelve 30-day months) from the Interest Payment Date (hereinafter defined) next preceding the date of authentication to which interest has been paid, unless the date of authentication is an Interest Payment Date, in which case from such Interest Payment Date, unless the date of authentication is after a Record Date (hereinafter defined) but before an Interest Payment Date, in which case from the next Interest Payment Date, or unless the date of authentication is before the first Interest Payment Date, in which case from the dated date set forth above. The interest on this bond shall be paid on April 1 and October 1 of each year (each an “Interest Payment Date”), commencing October 1, 2017, until payment of the principal amount hereof, to the person in whose name this bond is registered at the close of business on the 15th day of the calendar month preceding each Interest Payment Date (each such date a “Record Date”). This bond shall initially be issued in book-entry form (“Book-Entry Form”). As long as this bond is held in Book-Entry Form, both principal of and interest on this bond shall be payable in accordance with the rules of DTC or its successor depository (the “Securities Depository”). If this bond is no longer held in Book-Entry Form, the principal of this bond shall be paid upon presentation and surrender hereof at the principal corporate trust office of Regions Bank, as Paying Agent and Bond Registrar, in Atlanta, Georgia. If this bond is no longer held in Book-Entry Form, interest on this bond shall be paid by check or draft, drawn on the Paying Agent, and mailed, by first class mail, postage prepaid, to such person at the address on the books of registry kept by the Bond Registrar; provided, however, in the event that the owner of this bond owns $1,000,000 in aggregate principal amount of Bonds (hereinafter defined), interest shall be paid by wire transfer in accordance with written instructions provided to the Paying 8 Agent prior to the Record Date preceding the Interest Payment Date, until such instructions are revoked in writing. This bond is one of a duly authorized issue of like tenor except as to numbers, denominations, interest rates and dates of maturity aggregating in the principal amount of $25,000,000 (the “Bonds”). The proceeds of the sale of the Bonds will be used to (a) acquire conservation land and interests in conservation land and (b) pay the costs of issuing the Bonds. The Bonds are authorized by the Constitution and laws of the State of Georgia, an election held on November 8, 2016 and by a resolution of the Council of the City duly adopted on May 15, 2017 (the “Bond Resolution”). As long as the Bonds are held in Book-Entry Form, this bond may be registered as transferred and exchanged in accordance with the rules of DTC. If the Bonds are no longer held in Book-Entry Form, this bond may be registered as transferred at the principal corporate office of the Bond Registrar by the registered owner hereof in person or by the owner’s duly authorized attorney, upon surrender hereof, together with a written instrument of transfer executed by the owner or the owner’s duly authorized attorney. If the Bonds are no longer held in Book-Entry Form, this bond may be exchanged at the principal corporate office of the Bond Registrar for an equal aggregate principal amount of bonds of the same maturity, interest rate, aggregate principal amount and tenor of any authorized denomination or denominations. No service charge shall be made for any registration of transfer or exchange, but the Bond Registrar may require the payment of a sum sufficient to cover any tax or other governmental charge as a condition precedent to the exercise of such privilege. The person in whose name this bond is registered shall be deemed and regarded as the absolute owner hereof for all purposes, and payment of or on account of either principal or interest made to such registered holder shall be valid and effectual to satisfy and discharge the liability upon this bond to the extent of the sum or sums so paid. The Bonds maturing on or after April 1, 2028 are subject to optional redemption, in whole or in part at an y time, on or after April 1, 2027, in the order of maturities selected by the City, at a redemption price equal to the principal amount thereof, plus accrued interest to the redemption date. The Bonds are subject to optional redemption, in whole or in part at any time, in the order of maturities selected by the City, at a redemption price equal to the principal amount thereof, plus accrued interest to the redemption date, from the proceeds derived from the sale of development rights. Notice of any redemption of the Bonds, identifying the Bonds (or any portion of the respective principal sums thereof) to be redeemed, shall be given by the Paying Agent not less than 30 nor more than 60 days prior to the redemption date (a) in accordance with the rules of the Securities Depository while the Bonds are in Book-Entry form and (b) by first-class mail, postage prepaid to all registered owners of the Bonds to be redeemed if the Bonds are no longer in Book-Entry form. Failure of any holder of any Bond to receive any such notice, or any defect 9 in the notice, shall not affect the validity of the proceedings for such redemption or cause the interest to accrue on the principal amount of the Bonds so designated for redemption after the redemption date. If at the time of mailing of notice of redemption there have not been deposited with the Paying Agent moneys sufficient to redeem all Bonds called for redemption, such notice will state that it is conditional upon the deposit of the redemption moneys with the Paying Agent not later than the opening of business on the date established for redemption, and such notice will be of no effect unless such moneys are so deposited. As described above, the Bonds are being issued in Book-Entry Form, with actual bonds immobilized at DTC or its successor as Securities Depository. Actual bonds are not available for distribution to the Beneficial Owners, except under the limited circumstances set forth in the Bond Resolution. The principal of and interest on the Bonds are payable by the Paying Agent to the Securities Depository or its nominee. Transfer of principal and interest payments to participants of the Securities Depository is the responsibility of the Securities Depository; transfers of principal and interest to Beneficial Owners by participants of the Securities Depository will be the responsibility of such participants and other nominees of Beneficial Owners. Notices will be sent by the Paying Agent to the Securities Depository or its nominee. The sending of notices to Beneficial Owners by participants of the Securities Depository will be the responsibility of such participants and other nominees of Beneficial Owners. The City and the Paying Agent are not responsible or liable for maintaining, supervising or reviewing the records maintained by the Securities Depository, its participants or persons acting through such participants. Transfers of beneficial ownership shall be effected on the records of the Securities Depository and its participants pursuant to the rules and procedures established by the Securit ies Depository. So long as any Bonds are registered in Book-Entry Form, the City and the Paying Agent may treat the Securities Depository as, and deem the Securities Depository to be, the absolute owner of such Bonds for all purposes whatsoever, including without limitation: (a) the payment of principal of and interest on such Bonds; (b) giving notices of redemption and other matters with respect to such Bonds; (c) registering transfers with respect to such Bonds; (d) the selection of Bonds for redemption; and (e) voting and obtaining consents under the Bond Resolution. It is further certified and recited, that all acts, conditions and things required by the Constitution or statutes of the State of Georgia to exist, be performed or happen pursuant to and in the issuance of this bond, exist, have been performed and have happened in due and regular form as required by law, that provision has been made for the collection, if necessary, of a direct annual tax, unlimited as to rate or amount, on all property subject to taxation for general obligation bond purposes located in the City, sufficient to pay the principal of interest on this bond, in accordance with its terms, that the total indebtedness of the City, including this bond, does not exceed any limitation prescribed by said Constitution or statutes. This bond shall not be entitled to any benefit under the Bond Resolution and shall not become valid or obligatory for any purpose until it shall have been authenticated by execution by the Bond Registrar by manual signature of the authentication certificate hereon endorsed. 10 IN WITNESS WHEREOF, the City has caused this bond to be executed by the duly authorized manual signature of the Mayor of the City and its corporate seal to be impressed hereon and attested by the duly authorized manual signature of the Clerk of the City. (SEAL) By: Mayor Attest: Clerk 11 CERTIFICATE OF AUTHENTICATION This is one of the Bonds described in the within mentioned authorizing resolution adopted by the Council of the City of Milton, Georgia on May 15, 2017, and is hereby authenticated as of the date of its execution as stated in this bond. REGIONS BANK, as Bond Registrar By: Authorized Signatory Date of Authentication: June 8, 2017 12 VALIDATION CERTIFICATE STATE OF GEORGIA COUNTY OF FULTON The undersigned Clerk of the Superior Court of Fulton County, State of Georgia, DOES HEREBY CERTIFY that this bond was confirmed and validated by judgment of the Superior Court of Fulton County, Georgia, on the 28th day of December, 2016, that no intervention or objection was filed thereto and that no appeal has been prosecuted therefrom. WITNESS my manual signature and the seal of the Superior Court of Fulton County, Georgia. Clerk, Superior Court Fulton County, Georgia (SEAL) 13 ASSIGNMENT FOR TRANSFER FOR VALUE RECEIVED, the undersigned hereby sells, assigns and transfers unto PLEASE INSERT SOCIAL SECURITY OR OTHER IDENTIFYING NUMBER OF ASSIGNEE the within bond of the City of Milton, Georgia and does hereby constitute and appoint _____________________ attorney to transfer the said bond on the books of the Bond Registrar, with full power of substitution in the premise. Date: In the presence of: Bondholder NOTICE: Signature(s) must be guaranteed by an institution which is a participant in the Securities Transfer Agent Medallion Program (“STAMP”) or similar program. NOTICE: The signature to this Assignment must correspond with the name as it appears upon the face of the within Bond in every particular, without alteration or enlargement or any change whatever. 14 DTC FAST RIDER Each such certificate shall remain in the Paying Agent’s custody subject to the provisions of the FAST Balance Certificate Agreement currently in effect between the Paying Agent and DTC. (End of Bond Form) 15 Section 15. Delivery of Bonds; Application of Proceeds. (a) Upon the receipt of the purchase price for the Bonds, there shall be delivered to the Bond Registrar properly executed Bonds in the aggregate principal amount, in the denomination(s), numbered, maturing and bearing interest as set forth above. The Mayor or his designee is authorized to execute for and on behalf of the City such receipt for the proceeds of the Bonds and such other closing certificates and proofs as may be necessary and proper. (b) The proceeds of the sale of the Bonds shall be applied as follows: (i) the Underwriter shall retain its underwriting discount for the Bonds; and (ii) the balance of the Bond proceeds shall be deposited into the Project Fund (as defined in Section 17 hereof). (c) Notwithstanding the foregoing, if the Mayor shall determine that a different application of funds is required to carry out the intent of this Resolution, the different application of funds may be provided for in the authentication order to be delivered at the time of issuance of the Bonds. Section 16. Global Form; Securities Depository; Ownership of Bonds. (a) In addition to the terms hereinabove defined, the following terms shall be intended to have the meaning as follows: “Agent Member” means a member of, or participant in, the Securities Depository. “Beneficial Owner” means the owners of a beneficial interest in the Bonds registered in the Book-Entry System. “Book-Entry Form” or “Book-Entry System” means, with respect to the Bonds, a form or system, as applicable, under which (a) the ownership of beneficial interests in the Bonds and bond service charges may be transferred only through book-entry and (b) physical Bonds in fully registered form are registered only in the name of a Securities Depository or its nominee as holder, with physical Bonds in the custody of a Securities Depository. “Securities Depository” means any securities depository that is a “clearing corporation” within the meaning of the New York Uniform Commercial Code and a “clearing agency” registered pursuant to provisions of Section 17A of the Securities Exchange Act of 1934, operating and maintaining, with its participants or otherwise, a Book-Entry System to record ownership of beneficial interest in bonds and bond service charges, and to effect transfers of bonds in Book-Entry Form, and means initially, The Depository Trust Company (a limited purpose company), New York, New York. 16 “Securities Depository Nominee” means any nominee of a Securities Depository and shall initially mean CEDE & Co., New York, New York, as nominee of The Depository Trust Company. (b) Upon the initial issuance, the ownership of each Bond shall be registered in the name of the Securities Depository or the Securities Depository Nominee, and ownership thereof shall be maintained in Book-Entry Form by the Securities Depository for the account of the Agent Members thereof. Initially, each maturity of the Bonds shall be registered in the name of Cede & Co., as the nominee of The Depository Trust Company. Beneficial Owners will not receive Bonds evidencing their ownership interests. As long as the Bonds are held in Book-Entry Form, the payment of the principal of and interest on the Bonds shall be made in accordance with the rules of the Securities Depository. As long as the Bonds are held in Book-Entry Form, the Bonds may be registered as transferred and exchanged in accordance with the rules of the Securities Depository. (c) With respect to Bonds registered in the name of the Securities Depository or the Securities Depository Nominee, the City, the Paying Agent and the Bond Registrar shall have no responsibility or obligation to any Agent Member or Beneficial Owner. Without limiting the foregoing, neither the City, the Paying Agent, the Bond Registrar nor their respective affiliates shall have any responsibility or obligation with respect to: (i) the accuracy of the records of the Securities Depository, the Securities Depository Nominee or any Agent Member with respect to any beneficial ownership interest in the Bonds; (ii) the delivery to any Agent Member, any Beneficial Owner or any other person, other than the Securities Depository or the Securities Depository Nominee, of any notice with respect to the Bonds; or (iii) the payment to any Agent Member, any Beneficial Owner or any other person, other than the Securities Depository or the Securities Depository Nominee, of any amount with respect to the principal, premium, if any, or interest on the Bonds. So long as any Bonds are registered in Book-Entry Form, the City and the Paying Agent may treat the Securities Depository as, and deem the Securities Depository to be, the absolute owner of such Bonds for all purposes whatsoever, including without limitation: (i) the payment of principal of and interest on the Bonds; (ii) giving notices of redemption and other matters with respect to such Bonds; (iii) registering transfers with respect to such Bonds; (iv) the selection of Bonds for redemption; and 17 (v) voting and obtaining consents under this Resolution. So long as any Bonds are registered in Book-Entry Form, the Paying Agent shall pay all principal of and interest on the Bonds only to the Securities Depository or the Securities Depository Nominee as shown in the bond register, and all such payments shall be valid and effective to fully discharge the City’s obligations with respect to payment of principal of and interest on the Bonds to the extent so paid. (d) If at any time (i) the City determines that the Securities Depository is incapable of discharging its responsibilities described herein, (ii) if the Securities Depository notifies the City that it is unwilling or unable to continue as Securities Depository with respect to the Bonds, or (iii) if the Securities Depository shall no longer be registered or in good standing under the Securities Exchange Act of 1934 or other applicable statute or regulation and a successor Securities Depository is not appointed by the City within 90 days after the City receives notice or becomes aware of such condition, as the case may be, then this subsection (d) shall no longer be applicable and the City shall execute and the Bond Registrar shall authenticate and deliver bonds representing the Bonds to the owners of the Bonds. Bonds issued pursuant to this subsection (d) shall be registered in such names and authorized denominations as the Securities Depository, pursuant to instructions from the Agent Member or otherwise, shall instruct the Bond Registrar. Upon exchange, the Bond Registrar shall deliver such certificates representing the Bonds to the persons in whose names such Bonds are so registered on the business day immediately preceding the date of such exchange. Section 17. Project Fund. There is hereby authorized and directed to be created a special trust fund designated as the “City of Milton General Obligation Bonds, Series 2017 Project Fund” (the “Project Fund”). Regions Bank, Atlanta, Georgia is hereby designated as the Project Fund Custodian. The proceeds from the sale of the Bonds received by the Project Fund Custodian shall be credited to the Project Fund. Such moneys as are deposited in the Project Fund shall be held separate and apart from all other funds of the Project Fund Custodian and the City and shall only be withdrawn in accordance with the provisions and restrictions set forth in this Resolution. Any moneys in the Project Fund not needed at the time for the payment of current obligations may, upon the written direction of the City, be invested and reinvested by the Project Fund Custodian in the investments specified in O.C.G.A. Section 36-82-7 or any other applicable law of the State of Georgia. Any earnings on such investments shall be credited to the Project Fund. Withdrawals from the Project Fund may be made for the purpose of paying the cost of the Projects and the costs of issuing the Bonds. Without intending thereby to limit or to restrict or to extend any proper definition of such costs as may now or hereinafter be permitted by applicable law, such costs shall include, but are not limited to the following: 18 (a) The cost of indemnity and fidelity bonds either to secure deposits in the Project Fund or to insure the faithful completion of any contract pertaining to the Projects; (b) Any taxes or any charges lawfully levied or assessed against the Projects; (c) Fees and expenses of engineers for engineering studies, surveys, and estimates, the cost of appraisals, and the preparation of plans and supervising the Projects; (d) Payments made for land, interests in land and easements and all costs associated therewith; and (e) Costs incident to the issuance of the Bonds. All payments from the Project Fund shall be made upon requisitions signed by an officer or agent of the City properly authorized and designated to sign on the City’s behalf for this purpose. Before the Project Fund Custodian makes any such payments, there shall be filed with the Project Fund Custodian: (a) A requisition for such payment stating each amount to be paid and the name of the person, firm or corporation to whom payment thereof is due; and (b) A certificate attached to the requisition and certifying: (i) That an obligation in the stated amount has been incurred by the City, and that the same is a proper charge against the Project Fund and has not been paid or the subject of another requisition, and stating that the bill, invoice or statement of account for such obligation, or a copy thereof is on file in the office of the City; (ii) That such officer has no notice of any vendor’s, mechanic’s or other liens or rights to liens, chattel mortgages, or conditional sales contracts which should be satisfied or discharged before such payment is made; and (iii) That such requisition contains no item representing payment on account, or any retained percentages which the City is, at the date of such certificate, entitled to retain. After the completion of the Projects, any excess proceeds of the Project Fund, including investment earnings on such proceeds, shall be applied as set forth in O.C.G.A. § 36-82-4.2. Section 18. Authorization of Official Statements; Deemed Final and Continuing Disclosure Certificate. The use and distribution of the Preliminary Official Statement, dated April 20, 2017, pertaining to the Bonds are hereby ratified and approved. The execution, use and 19 distribution of the Official Statement pertaining to the Bonds are authorized and approved, provided that the Official Statement is in substantially the same form as the Preliminary Official Statement presented at this meeting with such changes, insertions or omissions as may be approved by the Mayor or the Mayor Pro-Tem, and the execution and delivery of the Official Statement by the Mayor or the Mayor Pro-Tem as hereby authorized shall be conclusive evidence of any such approval. The City hereby deems the Preliminary Official Statement final, except for “Permitted Omissions,” as of its date for purposes of Rule 15c2-12 promulgated under the Securities Exchange Act of 1934, as amended (the “Rule”). As used herein, “Permitted Omissions” shall mean the offering price(s), interest rate(s), selling compensation, aggregate principal amount, principal amount per maturity, delivery dates, ratings, the identity of the underwriter or insurer and other terms of the Bonds and any underlying obligations depending on such matters, all with respect to the Bonds and any underlying obligations. The execution and delivery of the “deemed final” certificate required by the Rule by the Mayor or the Mayor Pro- Tem are hereby ratified and approved. The Continuing Disclosure Certificate shall be in substantially the form summarized in the Preliminary Official Statement, with such changes, insertions or omissions as may be approved by the Mayor or the Mayor Pro-Tem, and the execution and delivery of the Continuing Disclosure Certificate by the Mayor or the Mayor Pro- Tem as hereby authorized shall be conclusive evidence of any such approval. The City hereby covenants for the benefit of the owners of the Bonds and the Underwriter to comply with their obligations under the Continuing Disclosure Certificate. Section 19. Tax Covenants and Representations. The Bonds are being issued by the City in compliance with the conditions necessary for the interest income on the Bonds to be exempt from federal income taxation pursuant to the provisions of Section 103(a) of the Internal Revenue Code of 1986, as amended (the “Code”) relating to obligations of the State or political subdivisions thereof. It is the intention of the City that the interest on the Bonds be and remain excludable from gross income for federal income tax purposes, and, to that end, the City hereby covenants that it will not take any action, or fail to take any action, if any such action or failure to take action would adversely affect the tax-exempt status of the interest on the Bonds under Section 103 of the Code. Section 20. Payments Due on Saturday, Sunday or Holiday. If a payment on the Bonds is due on a Saturday, Sunday or any day that the office of the Paying Agent is authorized or required by law to remain closed, such payment shall be made on the next succeeding business day with the same force and effect as if such payment had been made on the original due date. Section 21. Approval of Prior Actions; General Authority. All actions taken by any member of the Council of the City, any officer of the City or any agent or employee of the City relating to the authorization and issuance of the Bonds are hereby ratified, approved and confirmed. All officers, agents and employees of the City are hereby authorized, empowered and directed to do all such acts and things and to execute any and all such documents and certificates as may be necessary or desirable in connection with the issuance of the Bonds and the execution, delivery and performance of the documents and agreements authorized by this Resolution. Without limiting the foregoing, in the event that the Mayor or the Clerk is 20 unavailable to execute such documents and certificates, the Mayor Pro-Tem and Assistant Clerk are hereby authorized to act on their behalf. Section 22. Wavier of Performance Audit. The City has waived, and hereby ratifies the waiver of, the performance audit referred to in O.C.G.A. Section 36-82-100. Section 23. Sale of Bonds. The sale of the Bonds to the Underwriter at a price of ________ is hereby approved. Section 24. Repeal of Conflicting Resolutions. All resolutions, or parts thereof, that conflict with this Resolution are hereby repealed. [Remainder of Page Intentionally Left Blank] 21 ADOPTED AND APPROVED on May 15, 2017. CITY OF MILTON, GEORGIA (SEAL) By: Mayor Attest: Clerk EXHIBIT A TO BOND RESOLUTION DEBT SERVICE SCHEDULE Date Principal Interest Debt Service CLERK’S CERTIFICATE STATE OF GEORGIA COUNTY OF FULTON The undersigned Clerk of the City of Milton, Georgia (the “City”), DOES HEREBY CERTIFY that the foregoing pages of typewritten matter constitute a true and correct copy of a resolution adopted by the Council of the City on May 15, 2017 in a meeting duly assembled and open to the public and at which a quorum was present and acting throughout and that the original of such resolution has been duly recorded in the Minute Book of the City, which is in my custody and control. WITNESS my hand, this 15th day of May, 2017. Clerk (SEAL) TO: FROM: AGENDA ITEM: MEETING DATE: I LTO N)!� 1� ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM City Council DATE: May 4, 2017 Steven Krokoff, City Manager & Consideration of a Resolution to Accept the Draft for the Downtown Milton/Crabapple Placemaking Plan. Monday, May 15, 2017 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (,KAPPROVED (J NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: (41YES () NO CITY ATTORNEY REVIEW REQUIRED: (.AYES () NO APPROVAL BY CITY ATTORNEY: (4APPROVED (J NOT APPROVED PLACED ON AGENDA FOR: o2oi") 2006 Heritage Walk Milton, GA P: 678.242.2500 1 F: 678.242.2499 0000 info@cityofmiltonga.us I www.cityofmiltonga.us To: Honorable Mayor and City Council Members From: Michele McIntosh-Ross, Principal Planner Date: Submitted on May 9, 2017 for the May 15, 2017 Regular Council Meeting. Agenda Item: Consideration for Approval of a Resolution to Accept the draft Downtown Milton / Crabapple Placemaking Plan. ______________________________________________________________________________ Department Recommendation: Approval. Executive Summary: The City of Milton Comprehensive Plan Update 2016 identifies the Crabapple area as a Master Planned Area and specifies that Crabapple represents a unique rural based village center that lends itself to becoming the City Center and downtown for Milton. Previous planning efforts for Crabapple have set the community vision for the area as a walkable village, and contributed to Crabapple’s emergence as the City Center for Milton. The City sought to re-engage the community and focus on the details of facilitating a walkable village. In July of 2016 a consulting team lead by firm TSW, worked with City staff to conduct a series of community meetings and design workshops to discuss the possible locations for parks and trails, street and sidewalk connections, and preferred redevelopment of some sites. The draft designs that documented the input provided by the community, were presented at open house meetings on September 15, 2016 and on November 30, 2016, and later refined into a draft Downtown Milton / Crabapple Placemaking Plan document that was presented to the Planning Commission at their January 25, 2017 meeting where it was recommended for acceptance. However, an additional Town Hall meeting was held on April 20, 2017 to gather final input and address the community’s comments and concerns before the presentation to the Council on May 1, 2017. Funding and Fiscal Impact: None Page 2 of 2 Alternatives: None. Legal Review: Ken Jarrard – Jarrard & Davis 05-09-2017 Concurrent Review: Steve Krokoff, City Manager Attachment(s): Draft Downtown Milton / Crabapple Placemaking Plan Resolution to Accept Downtown Milton / Crabapple Placemaking Plan STATE OF GEORGIA COUNTY OF FULTON RESOLUTION NO. A RESOLUTION TO ACCEPT THE DOWNTOWN MILTON / CRABAPPLE PLACEMAKING PLAN BE IT RESOLVED by the City Council and the Mayor of the City of Milton, GA while in a Regular Meeting on May 15, 2017 at 6:00 p.m. as follows: WHEREAS; the City of Milton Comprehensive Plan Update 2016 identifies the Crabapple area as a Master Planned Area and specifies that Crabapple represents a unique rural based village center that lends itself to becoming the City Center for Milton; and, WHEREAS; previous planning efforts for Crabapple have set the community vision for the area as a walkable village, and contributed to Crabapple’s emergence as the City Center for Milton; and WHEREAS; the City sought to re-engage the community and focus on the details of facilitating a walkable village; and, WHEREAS; in July of 2016 a consulting team lead by firm TSW, worked with City staff to conduct a series of community meetings and design workshops to discuss the possible locations for parks and trails, street and sidewalk connections, and preferred redevelopment of some sites; and, WHEREAS; the draft designs that documented the input provided by the community were presented at open house meetings on September 15, 2016 and on November 30, 2016, and later refined into a draft Downtown Milton / Crabapple Placemaking Plan document that was presented to the Planning Commission at their January 25, 2017 meeting; and, WHEREAS; the Planning Commission recommended acceptance of the draft Downtown Milton / Crabapple Placemaking Plan at its January 25, 2017 meeting; and, WHEREAS; an additional Town Hall meeting was held on April 20, 2017 to gather final input and address the community’s comments and concerns prior to the presentation to the Council on May 1, 2017; and, NOW THEREFORE BE IT RESOLVED, that the Downtown Milton / Crabapple Placemaking Plan is accepted. RESOLVED this 15th day of May 2017. ---------------------------------- Joe Lockwood, Mayor Attest: ------------------------------------------ Sudie AM Gordon, City Clerk 2017 TSW Noell Consulting Group Toole Design Group City of Milton DOWNTOWN MILTON / CRABAPPLEPLACEMAKING PLAN >> ACKNOWLEDGEMENTS The Downtown Milton / Crabapple Placemaking Plan is a collaborative effort between the City of Milton, a consultant team, and the people of Milton. The consultant team was led by TSW and included Toole Design Group and Noell Consulting Group. ii DOWNTOWN MILTON PLACEMAKING PLAN DOWNTOWN MILTON PLACEMAKING PLAN iiiDRAFT >> CONTENTS EXECUTIVE SUMMARY CHAPTER 1: EXISTING CONDITIONS // History & Site Context // Analysis Maps // Plan Review CHAPTER 2: PUBLIC OUTREACH // Stakeholder Focus Groups (July 2016) // Milton City Council Meeting (June 2016) // Steering Committee Meeting (August 2016) // Walking Audit // Charrette Results // Final Public Open House CHAPTER 3: FINAL RECOMMENDATIONS // Placemaking Plan // Northwest Quadrant // Northeast & Southeast Quadrants // Parking Recommendations CHAPTER 4: IMPLEMENTATION // Implementation Strategy & Diagram // First Steps APPENDIX // Crabapple Green Park Alternatives // Development Code Analysis // Current Streetscape Projects // Market Study iv 1 3 5 13 17 19 20 20 22 23 39 41 43 45 53 59 61 63 67 69 71 75 83 87 DOWNTOWN MILTON PLACEMAKING PLAN iiiDRAFT iv DOWNTOWN MILTON PLACEMAKING PLAN DOWNTOWN MILTON PLACEMAKING PLAN vDRAFT EXECUTIVE SUMMARY // Goals & Framework Plan // Planning Process // Recommendations // First Steps DOWNTOWN MILTON PLACEMAKING PLAN vDRAFT DOWNTOWN MILTON PLACEMAKING PLAN vii Establish locations and programming for park space in the Crabapple area • Small park on Mayfield Road (7 ac) • Park on Birmingham Hwy (21 ac) • Connect the parks to the schools PLACEMAKING PLAN DESIGN GOALS POLICY GOALS FRAMEWORK PLAN (SEE RIGHT) Create a trail network that connects to sidewalks, schools, commercial development, and parks • On-street connections to City Hall, on Crabapple Road, & Mayfield Road • Connections between the schools Provide streetscape improvements that prioritize pedestrians on key streets • Enhance Crabapple Road, Birmingham Highway, Mayfield Road Establish a parking management strategy • Recommend private valet stands for parking management • Identify locations for a potential parking deck Locate development where appropriate, and determine the most suitable types of development • Accommodate Form-Based Code requirements • Develop Northeast Quadrant along Mayfield Road • Develop the Northwest Quadrant around City Hall and the Crossroads POLICY RESPONSE • Parking management • Maintain zoning requirements • Add proposed streets to Regulating Plan SPECIFIC DESIGN RESPONSE • Park programming for both parks • Connected trail network • Wider sidewalks and narrower vehicle lanes • Development around the Crossroads vi DOWNTOWN MILTON PLACEMAKING PLAN DRAFT >> PLAN PURPOSE & GOALS The City of Milton retained the TSW Team to conduct a Placemaking Plan for Downtown Milton / Crabapple in 2016. With the addition of the City of Milton City Hall building and more commercial and residential development in Crabapple, the area is situated to become Milton’s “Downtown.” The purpose of this placemaking plan is to create the details for Downtown Milton / Crabapple, focusing on parks and open space, street connections, pedestrian connections, and parking.. Placemaking Goals Through an extensive public outreach process, overall placemaking goals were established to guide the design decisions. The following items became the framework for the design decisions and placemaking goals (shown in the diagram to the right): • Streets • Trails • Parks • Development • Parking DOWNTOWN MILTON PLACEMAKING PLAN viiDRAFT viii DOWNTOWN MILTON PLACEMAKING PLAN DOWNTOWN MILTON PLACEMAKING PLAN ixDRAFT >> PLANNING PROCESS Research & Analysis Prior to making design and planning decisions, an involved research and analysis process was undertaken, which involved: • Reviewing all previous, relevant plans since 2006 for the City of Milton and mapping where recommendations overlap; • Visiting and documenting the study area to understand the conditions; • Meetings with City of Milton Staff to understand projects in the pipeline; • Mapping susceptibility to change on an individual property basis, community resources, historic resources, parking availability, and connectivity and transportation; • Reviewing the Regulating Plan and Form-Based Code to ensure that recommendations comply. A summary of the results of the research and analysis was shared with the City of Milton and the public during all presentations and workshops. The maps to the top right show examples of the mapping of existing conditions. Market Study The purpose of the market study is to ensure that the proposed development scenarios as shown in this plan are based on actual, not made-up demand. Accordingly, the numbers contained in the market study serve as the basis for the development proposal for each of the quadrants. The following characteristics are specific to Milton: • Many families live here compared to the Atlanta Region average; • Adequate retail service exists within five miles of the study area; • Milton has a higher educational attainment level than the Region and the State; • There is a much higher median household income than the Region; • Milton is growing faster than many surrounding cities. Given Milton’s unique characteristics, pent-up demand includes: • Room for residential growth over the next five years (phased with a mix of unit types); • Room for retail growth over the next five years; • Strong demand for rental housing; • Room for office growth after 2018; • Perceived issues with parking, which can be mitigated by valet parking or a potential parking deck in the future. The Form-Based Code encourages small building types and will ultimately limit the amount of growth in Downtown Milton / Crabapple. Above: Ian Lockwood of Toole Design Group leading the Walking Audit prior to the charrette. Top, right: Examples of the mapping analysis conducted as part of the research. DOWNTOWN MILTON PLACEMAKING PLAN ixDRAFT Public Outreach The extensive public outreach process involved many methods to gather input about the vision for Crabapple, including: • Stakeholder Focus Groups over a two- day period; • Input from City Council discussions with the public about preferences for parks and green space; • Two Steering Committee Meetings to guide the planning direction; • A Walking Audit before the charrette (design workshop) to understand the conditions on Birmingham Highway, Mayfield Road, Crabapple Road, and some of the residential streets; • A 3-Day charrette with all design team consultants at Milton Public Library to create the first conceptual plan ideas; • Two Public Open Houses to review the charrette results and the final recommendations (one at Olde Blind Dog, and one at Milton Public Library); • City Council and Planning Commission hearings at City Hall. These meetings and workshops informed the placemaking goals and design recommendations. Revisions to the plan were made based on public preferences. Form-Based Code Review The Form-Based Code, which is the zoning code for the Crabapple Character Area, was reviewed for the study area, but particularly the Northwest and Northeast Quadrants because of the opportunity for development in both quadrants. The majority of the land in these quadrants is T4-Open, but T5 exists along Crabapple Road. These designations permit the highest level of density by-right in the study area; however, all designations in the Code promote low-density and small building types to preserve the Crabapple character. Other key items to note from the code include: • Maximum building footprints are 18,000 SF, with a 36,000 SF maximum building area • Building units are 2,250 SF for commercial uses • Each residential unit counts as one building unit • Historic buildings, civic buildings (like City Hall), accessory dwelling units, and senior housing units do not count toward the density; • Transfer of Development Rights is permitted in order to increase density. All of the recommendations put forth in this plan comply with the Form-Based Code (see appendix for calculations). x DOWNTOWN MILTON PLACEMAKING PLAN DRAFT >> PLACEMAKING PLAN The infographics to the right describe the overall recommendations for the entire Downtown Milton / Crabapple study area, but the main recommendations are: • Two new passive parks • Crabapple Park on Birmingham Highway • Mayfield Park on Mayfield Road • Streetscape enhancements • Crabapple Road • Mayfield Road • Birmingham Highway • Heritage Walk (under construction) • Trail system on streets and between the schools (4 miles total) • Short-term and long-term parking considerations • On-street and parking lot spaces • Valet parking • Locations for a potential parking deck identified • Mixed-use development (meeting the Form-Based Code) • The Crossroads • Northwest & Northeast Quadrants • New Street connections • Streets defined in the Regulating Plan • Realignment of existing streets in the NW Quadrant • Additional streets in NE Quadrant Most of the new development occurs in the NW and NE Quadrants, as summarized above. All of it fits within the Form-Based Code requirements and is intended to be phased according to market conditions over 5-10 years. The concept assumes the assemblage of multiple parcels in each quadrant. Approximately 4 miles of trails (and on- street multi-use paths) were added to the study area to connect the schools, new parks, and the existing commercial area on Crabapple Road. Two larger parks are recommended, which adds 28 acres of passive park space. In addition, approximately 2 acres of pocket parks and plazas were added to the development areas. DOWNTOWN MILTON PLACEMAKING PLAN xiDRAFT Crabapple Park Northwest Quadrant Mayfield Park Northeast Quadrant DRAFT LEGEND New Street Connection (Regulating Plan) Plan Enlargement Boundary Current Historic Buildings (not registered) Streetscape improvements are recommended for Crabapple Road, Heritage Walk, Birmingham Highway, and Mayfield Road. Heritage Walk is currently under construction, including the roundabouts at Birmingham Highway and Crabapple Road. Overall, the recommendations for each of the streets focus on changing the streetscapes to: • Calm vehicular traffic speeds with narrower lanes; • Create pedestrian and bicycle access to destinations throughout Crabapple (i.e. Milton Public Library, the schools, and the retail core); • Provide more and enhanced sidewalks; • Add on-street parking where possible; • Provide safer intersection crossings; • Add mid-block crossings; • Add street trees and other streetscape furniture; and • Bring the sidewalks closer to the front of the buildings to increase activity along the streets. >> NORTHWEST & NORTHEAST QUADRANTS STREETSCAPES S.1 Crabapple Road Top: Many people cross Crabapple Road in the middle of the street because of the lack of crosswalks at intersections. On-street multi- use path Separated bike facilities *Street section includes crosswalks at all intersections and a mid-block crossing as noted on the plans Building line xii DOWNTOWN MILTON PLACEMAKING PLAN DOWNTOWN MILTON PLACEMAKING PLAN xiiiDRAFT Long-term Recommendation for the Crossroads The current project for the Crossroads is to add left-turn lanes on 3 approaches to ease traffic flow, particularly at peak times. The long-term project is to change this intersection to a roundabout (see Implementation section of the report). S.1 S.2 New City Hall S.2 Heritage Walk - under construction (City of Milton & GDOT plans, see appendix) Crabap pl e R o a d Heritag e W al k ( under constru c ti o n) 0’ 50’ 100’ 200’ Street design includes on-street multi-use path Mid-block Crosswalk Crosswalks - all 4 sides of intersection Path through development to trails DOWNTOWN MILTON PLACEMAKING PLAN xiiiDRAFT S.1 Birmingham Highway (70’ ROW) S.2 Birmingham Highway (50’ ROW) 0’ 50’ 100’ 200’ On-street multi- use path Shared Bike Facilities Wider sidewalks Shared Bike Facilities HAWK Signal** & Crosswalks Existing HAWK Signal** Crosswalks • GDOT prefers 13.5’ wide vehicle lanes, but this plan recommends 12’ and 11’ lanes to reduce traffic speeds. • GDOT prefers wider on-street parking widths, but this plan represents an ideal outcome. • These street sections are the ideal outcome, but they should supplemented with relocating school drop-off / pick-up to the new streets in the Northeast Quadrant (pages 53-54). **A HAWK signal is a High-Intensity Activated crossWalK beacon used to stop road traffic and allow pedestrians to cross safely. S.1 S.2 Birmingham HighwayCrabapple Park Crabapple Crossing Elementary School Friendship Park xiv DOWNTOWN MILTON PLACEMAKING PLAN DOWNTOWN MILTON PLACEMAKING PLAN xvDRAFT Birmingham Highway would receive 32 on-street parking spaces from Crabapple Park south to the Crossroads. Crosswalks (Ph.1) Sidewalk and decorative retaining walls to be under construction in 2017 (Federal Funding given to City of Milton, appendix) (Ph. 2) Cycle track and wide sidewalk (multi-use trail) connect to trail network (City needs to acquire land for expansion or reach an agreement with developers to construct the portion of the proposed ROW in their properties.) S.1 Mayfield Road Proposed Section for Phase 2 DOWNTOWN MILTON PLACEMAKING PLAN xvDRAFT Mayfield Road Birmingham Highway xvi DOWNTOWN MILTON PLACEMAKING PLAN DRAFT Mayfield Park The 7-acre park on Mayfield Road functions as an educational, passive park and enhances the site’s natural and built features. A boardwalk is added across the lake and the existing small island, and an amphitheater provides space for outdoor classes for the schools or small community events. The boardwalk connects to the overall trail network. The community garden could offer plots to local residents and students. Crabapple Park Two property owners own this land, so the City will need to work with the owners to ensure that their goals are met or purchase the land at fair market value. This 21-acre park is intended to be a passive park with walking trails, lawns, an amphitheater, a community garden, and an orchard. The most active use in the park is the proposed dog park, which is buffered from other activities by the stream and wooded areas. Trails form loops for exercise and walking routes and connect across Birmingham Highway to the schools and the development east of the Crossroads. >> NORTHWEST & NORTHEAST QUADRANTS PARKS & TRAILS Trails Trails run through the two proposed parks, north to the school properties, and along key streets, as shown in the street sections, to create a network that connects pedestrians and cyclists to important destinations within the Crabapple area. Potential Single Family Development by Others Trail to schools and Crabapple Park Existing Lake Existing Island Amphitheater Boardwalk Parking (8) Community Garden Mayfield RoadJehovah’s Witness Gathering / seating area Ne w S t r e e t (p e r R e g u l a t i n g P l a n ) Mid-block Crosswalk 0’ 100’ 200’ 400’New Street (per Regulating Plan)Use existing drive for trail connection Northwestern Middle School Dog Park Parking (63) Amphitheater Lawn Grand Lawn Orchard Stream Buffer Pedestrian Bridge Birmingham HighwayExisting Trail Expanded and Connected to New Trail Network in NE Quadrant New Street Connection & Trail (per Regulating Plan) Crabapple Crossing Elementary School HAWK Signal** and Crosswalks for Pedestrian Crossing HAWK Signal** and Crosswalks for Pedestrian Crossing Existing HAWK Signal** Parking (48) Woodlands Trail Small Pavilion Open Lawn Community Garden 0’ 100’ 200’ 400’ Crabapple Baptist Church DOWNTOWN MILTON PLACEMAKING PLAN xviiDRAFT LEGEND New Street Connection (Regulating Plan) HAWK** Signal **A HAWK signal is a High- Intensity Activated crossWalK beacon used to stop road traffic and allow pedestrians to cross safely. xviii DOWNTOWN MILTON PLACEMAKING PLANDRAFT >> Streets to Add to Regulating Plan Crabapple Park Birmingham HighwayMayfield R o a d Crabapp l e R o a d Roundabout at the Crossroads Heritage W a l k Crabapple Crossing Elementary Northwestern Middle School >> IMPLEMENTATION STRATEGY The implementation strategy was divided by project type, rather than a sequential timeline: valet parking, streetscape enhancements, parks and trails, parking deck feasibility, and new street construction. As needed, the City of Milton should establish relationships with developers that want to build in the Northwest and Northeast Quadrants to ensure that appropriate, connected, and mixed-use development is constructed. As money becomes available and as developers assemble land, the projects can be phased accordingly and concurrently. However, projects that will make an immediate impact in Crabapple are prioritized, including: • Adopting the additional street network into the Regulating Plan; • Determining the parking management strategy and feasibility of a deck; • Constructing parks. Projects that enhance the vehicular and pedestrian circulation networks are important to implement first because they form the framework for future growth. Parks and trails offer connectivity to Roundabout or Intersection Treatment LEGEND New Street & Intersection Treatment to Add to Regulating Plan New Street (in Regulating Plan) DOWNTOWN MILTON PLACEMAKING PLAN xix VALET PARKING Valet parking can relieve some of the issues with attracting commercial growth, the desire to add restaurants in Downtown Milton / Crabapple, and with hosting events in public spaces. Additionally, studying the program’s success will help determine the need for a future parking deck. • City and owners identify parking lots and valet stands as started in this placemaking plan • City and property owners establish metrics to study the program, such as demand at peak hours and during events, customer satisfaction, efficiency of the program, • City measures the success of the program, and relief on parking pressure and uses results to determine the need for a parking deck POLICY CHANGES The City should add the roundabout at the Crossroads and the streets marked on the map to the right to the Regulating Plan to set the policy foundation for the street network to be constructed. These streets are new with the proposed development schemes or are realigned versions of the current streets. Although in progress, the City of Milton should ensure that the alcohol license and distance requirements are reduced to ensure that restaurants can be added to the commercial area along Crabapple Road. ACQUIRE LAND AND RIGHT-OF-WAY The City should start negotiations with GDOT to gain control of Crabapple Road to accommodate future streetscape changes. Additionally, as needed, they should purchase ROW on Crabapple Road and Mayfield Road or establish relationships with the developers / property owners to ensure the proposed streetscape improvements are made. Finally, if necessary, the City should purchase the land outlined for parks at fair market value. These acquisition tasks can begin immediately to ease the implementation of public space: the streetscapes, parks, and trails. neighboring uses and positive social impact. Some projects are in motion, and will be completed faster: • Construction of Heritage Walk; • Construction of the roundabouts connecting Heritage Walk to Crabapple Road and Birmingham Highway; • Sidewalks on the south side of Mayfield Road. The mixed-use developments in the Northwest and Northeast Quadrants can be added when the market can support them. The development schemes can be concurrent phases because they are developer-driven (private sector) projects. This includes all of the mixed-use, retail, office, and residential units. >> FIRST STEPS Some projects can be initiated immediately to ease development pressure and ensure that the goals of the placemaking plan are met with future development. The City of Milton can begin immediately on (described in more detail to the left): • Implementing valet parking; • Making policy changes; and • Acquiring land and right-of-way as needed for parks and streetscape enhancements. 1 DOWNTOWN MILTON PLACEMAKING PLAN DOWNTOWN MILTON PLACEMAKING PLAN 2DRAFT **This chapter provides the research and plan review basis for the placemaking recommendations. The maps and photos show the on-the-ground conditions.** CHAPTER 1 >> EXISTING CONDITIONS // History & Site Context // Analysis Maps & Plan Review // What Has Been Accomplished To-Date? DOWNTOWN MILTON PLACEMAKING PLAN 2DRAFT 3 DOWNTOWN MILTON PLACEMAKING PLAN DRAFT >> SITE CONTEXT>> SITE CONTEXT As noted in previous plans, the City of Milton was established in 2006. The Downtown Milton / Crabapple study area is defined by the Crabapple character area boundary shown in the map to the right. This character area was created in the Milton Comprehensive Plan completed in 2011 and updated in 2016. Overall, the City of Milton has a low population density of 921 people per square mile. A vast majority of the land is zoned for agricultural and equestrian uses, but allows for residential uses; however, the Downtown Milton / Crabapple area has a Regulating Plan and Form-Based Code created in 2015 that permits more flexible uses. Crabapple has been designated as an area of growth and is a receiving area for the Transfer of Development Rights program. Project Introduction With the addition of the City of Milton City Hall building and more commercial and residential development in Crabapple, the area is situated to become Milton’s “Downtown.” The purpose of this placemaking plan is to create the details for Downtown Milton / Crabapple, focusing on parks and open space, street connections, pedestrian connections, and parking. Above: One of the historic buildings at the Crossroads at Birmingham Highway and Crabapple Road. DOWNTOWN MILTON PLACEMAKING PLAN 4DRAFT 5 DOWNTOWN MILTON PLACEMAKING PLAN DRAFT >> COMMUNITY RESOURCES The Downtown Milton / Crabapple area includes many important community resources, which are defined as places where people can gather or public amenities that serve the community (government departments, schools, libraries). The map to the right illustrates the community resources in Downtown Milton / Crabapple, and shows their proximity to each other by the 1/4-mile (5-minute) “as the crow flies” walking radius from the Crossroads (Mid Broadwell Road, Broadwell Road, and Crabapple Road). The proximity of all three schools, the public library, the Broadwell Pavilion, the Crabapple Baptist Church, and the Jehovah’s Witness Kingdom Hall help to enhance the walkability of the Crabapple area and vitality of the commercial development along Crabapple Road because people could walk between the places for their errands and needs. The resources noted above serve as draws for additional commercial and residential development. The addition of more destinations within walking distance of each other through future development will increase the pedestrian activity and success of the entire area. >> Schools & Churches Three Fulton County Schools are located in the study area. Although the pick-up and drop-off causes traffic congestion, these facilities are great community resources for the following reasons: • Students could walk to school with improved pedestrian facilities; • Community groups use the facilities; • The Performing Arts program at the High School hosts great events; • The land presents opportunities to fulfill the need for more usable open space; • Parking lots could be managed to accommodate parking needs in the short-term (see pages 59 to 60 for more detail). The Crabapple Baptist Church is also a cooperative and involved community facility. >> City Facilities The new Milton Public Library hosts many community events and provides a location for residents to gather or host meetings. Students, in particular, can benefit from the library because of the educational support it provides. The newly-constructed City Hall will help create the “Downtown” feel for Crabapple and bring more daily activity to the area because of the number of workers at City Hall and the errands that Milton residents will need to make at the facility. >> Potential Parks & Open Space Two areas are marked as potential parks, and this placemaking plan provides conceptual park design options for these parcels (Chapter 3). Friendship Park is used by the elementary school, but use for the general public during the day is prohibited. The Broadwell Pavilion and adjacent street are used for festivals that attract thousands of people. Additional park space will complement these facilities and create a more cohesive parks and open space network (diagram on page 30). >> Commercial Area The commercial area along Crabapple Road presents an opportunity for increased commercial development, particularly as more sites and Heritage Walk are constructed. Parking is an issue here for increased development, but options are detailed on pages 37-38 and 59 to 60. DOWNTOWN MILTON PLACEMAKING PLAN 6DRAFTDRAFT Map, Page 8 7 DOWNTOWN MILTON PLACEMAKING PLAN DRAFT >> HISTORIC RESOURCES Downtown Milton / Crabapple is home to multiple historic buildings; however, the buildings are not formally recognized on a local or national register. Because of the lack of protection, these buildings can be demolished and redeveloped. The form-based code provides incentives of additional square footage for developments that keep and incorporate the ‘historic’ structures. The majority of the buildings are at the Crossroads or along Mayfield Road east of the Crossroads. Key buildings to note are: • The Cotton Gin (to the right); • Milton’s Restaurant; • The two commercial buildings on the northeast and southeast corners of the Crossroads (to the right). Most of the other historic buildings are single-family homes. The historic buildings at the Crossroads present an opportunity for adaptive reuse to create a center for Crabapple, and to offer architectural character inspiration for other future buildings. Above Left: This is the commercial building on the southeast corner of the Crossroads, between Mid Broadwell and Broadwell. Top Right: This is the Cotton Gin building, east of Milton’s Restaurant on Mayfield Road. Middle Right: This image shows the commercial building on the northeast corner of the Crossroads. DOWNTOWN MILTON PLACEMAKING PLAN 8DRAFT 9 DOWNTOWN MILTON PLACEMAKING PLAN DRAFT >> SUSCEPTIBILITY TO CHANGE Downtown Milton / Crabapple has multiple opportunities to change the use of parcels and buildings, most of which are near the Crossroads and in the Northeast (NE) Quadrant. The map to the right shows the susceptibility to change by parcel for the study area, which is divided into three categories: Parcels Not Susceptible to Change Parcels not susceptible to change either have historic structures on them, newly- constructed buildings, single-family housing, or the land use is a public facility, such as a park or City Hall. Although noted as “not susceptible to change,” historic structures that are underutilized could be potential opportunities for adaptive re-use while maintaining the character of the area. Parcels Somewhat Susceptible to Change Parcels that are somewhat susceptible to change generally have structures that are not historically significant or land uses that can relocate. In this case, Crabapple Baptist Church, the Alpharetta courthouse, and some large open space parcels owned by Homeowners’ Associations are somewhat susceptible to change. Parcels Highly Susceptible to Change Parcels marked as highly susceptible to change have surface parking, vacant structures, are parcels without development, or have uses that could relocate given a larger development goal. Above Left: Single-family homes and condominiums are examples of parcels that are not susceptible to change. Top Right: This is the potential park location on Mayfield Road, and it is an example of parcels that are highly susceptible to change. Middle Right: Crabapple Baptist Church is somewhat susceptible to change because the parking could be managed or used differently, and the potential park just north of the parcel may affect the church property. DOWNTOWN MILTON PLACEMAKING PLAN 10DRAFT 11 DOWNTOWN MILTON PLACEMAKING PLAN DRAFT >> CONNECTIVITY The map to the right shows the existing, planned, and potential points of connection in Downtown Milton / Crabapple. Streets Few street connections exist in the single- family residential neighborhood areas north and west of the Crossroads, limiting access to the existing commercial area. New street connections are proposed, including Heritage Walk (under construction) and an extension of Charlotte Drive, which was included in the November 2016 TSPLOST vote as a priority project. Crabapple Road, Mayfield Road, Heritage Walk, and Birmingham Highway present opportunities for improvement. These corridors could support on-street parking and need slower traffic because the adjacent uses could serve pedestrians - compact commercial development along Heritage Walk and Crabapple Road, and the schools on Birmingham Highway. Many intersections are signalized, two new roundabouts are proposed at Heritage Walk, and one is proposed at Charlotte Drive. Trails The Milton Trail Plan, created in 2007 and updated in 2012, recommended many trail connections with varied material treatments. Some (shown in lighter yellow on the map) need to be revised because of new development. As shown in the green, land around the schools could be used for trails to increase access to the schools, new development, and proposed parks. Intersections & Mid-Block Crossings There are planned improvements for the intersection of Birmingham Highway and Broadwell Road, including left-turn lanes on three of the approaches. One mid-block crossing with a HAWK signal exists in the study area, right next to the elementary school. Other opportunities for mid-block or improved intersection crossings exist on Crabapple Road for visitors to both commercial developments and on Mayfield Road as the corridor develops. Sidewalks The sidewalk network is disconnected and inconsistent, particularly on major thoroughfares. A sidewalk connection from the existing commercial area on Crabapple Road to the Milton Public Library on Mayfield Road is in progress. Further improving the sidewalk network could enhance the potential trail network, creating a more connected community. Top: Crabapple Road is very wide and not pedestrian-friendly. The current businesses fronting the street would benefit from streetscape improvements. Middle: Birmingham Highway has inconsistent and narrow sidewalks. The right-of-way adjacent to most of the schools’ properties does not have sidewalks. DRAFT DOWNTOWN MILTON PLACEMAKING PLAN 12 13 DOWNTOWN MILTON PLACEMAKING PLAN DRAFT >> PLAN REVIEW Many plans have been created for Downtown Milton / Crabapple and the City of Milton since the City was formed in 2006. The map on the adjacent page and legend to the right show the main, relevant points to this placemaking plan. Common Themes from Multiple Plans: • Improve the conditions on Crabapple Road, including crossing options • Create a cohesive trail network connecting schools, public space, and neighborhoods • Make intersection improvements to ease traffic congestion • Enhance the street network with the addition of streets and improving current street functionality • Create public spaces and parks in the Crabapple area • Allow denser development in the Crabapple area • Preserve the rural character and viewsheds on streets • Consider a parking deck to accommodate more development The following plans were reviewed: • Current construction documents for sidewalk improvements and Heritage Walk (under construction) • Downtown Milton Wayfinding (2016) • Crabapple Form-Based Code (2015) • City-made concept drawings for the property on Mayfield with the lake (2014) • City of Milton Conservation Plan (2014) • Downtown Parking Study (2014) • Tree Management & Key Policy Actions (2012) • Comprehensive Parks & Recreation Master Plan (2012) • Crabapple LCI (2012) • City of Milton 2030 Comprehensive Plan (2011) • Milton Visioning Study (2011) • City of Milton Comprehensive Transportation Plan (2009) • City of Milton Safe Routes to School (2009) • Milton Trail Plan (2007) • The Traffic Calming Program Many recommendations from the plans have been implemented or are in-progress (either under construction or construction documentation) at the time of this report. The completion timeline is on page 15. DOWNTOWN MILTON PLACEMAKING PLAN 14DRAFT 15 DOWNTOWN MILTON PLACEMAKING PLAN DRAFT >> WHAT’S BEEN ACCOMPLISHED TO-DATE? The City of Milton has been working diligently to implement many of the previous planning studies and development continues to grow in Downtown Milton / Crabapple. The timeline to the right shows the most influential plans relevant to this placemaking plan, and the items that have been completed. Many of the plans overlapped for recommendations, such as the need for more parks and open space and a “Village Green,” the desire for trail connections, bike connections, enhanced street network, improved sidewalks, and the need for parking to accommodate new development. Though locations for some of these items may have differed slightly, the consensus was generally the same for the area’s need for the facilities. 2006: CITY OF MILTON ESTABLISHED Safe Routes to School recommendations implemented 2011: MILTON COMPREHENSIVE PLAN COMPLETE & MILTON VISIONING PLAN COMPLETE PLANNING STUDIES (2006-PRESENT)2012: CRABAPPLE LCI COMPLETE 2015: CRABAPPLE FORM-BASED CODE & REGULATING PLAN COMPLETE New Milton Library constructed & opened Broadwell Pavilion Complete PRESENT: DOWNTOWN MILTON / CRABAPPLE PLACEMAKING PLAN City Hall under construction Heritage Walk and connecting roundabouts at Birmingham Highway and Crabapple Road under construction (Recommended Form-Based Code & parking study) Parking Study completed Construction documents for additional sidewalks on Mayfield Road east of the Crossroads 2009: MILTON COMPREHENSIVE TRANSPORTATION PLAN COMPLETE 2016: Plans for intersection improvements (left turn lanes) at Birmingham Highway & Crabapple Road 2016: Additional commercial development under construction 2016: City of Milton Wayfinding Signage Plan complete ** Key Recommendations: removal of right-turn lanes on Crabapple Road & change streetscape; bypass road north of Crabapple Road; intersection and crossing improvements Friendship Park Complete 2016: COMPREHENSIVE PLAN & COMPREHENSIVE TRANSPORTATION PLAN UPDATED (Recommended Form-Based Code & parking study) DOWNTOWN MILTON PLACEMAKING PLAN 16DRAFT 17 DOWNTOWN MILTON PLACEMAKING PLAN DOWNTOWN MILTON PLACEMAKING PLAN 18DRAFT **This chapter summarizes the extensive and on-going public engagement process used to formulate the placemaking recommendations.** CHAPTER 2 >> PUBLIC OUTREACH // Stakeholder Input // Steering Committee Meetings // Charrette Results // Final Public Open House DOWNTOWN MILTON PLACEMAKING PLAN 18DRAFT 19 DOWNTOWN MILTON PLACEMAKING PLAN DRAFT >> PUBLIC OUTREACH The City of Milton has had many plans and surveys conducted since the City was established in 2006, so the outreach for this effort drew from much of the previous work. However, the design team conducted stakeholder meetings and focus groups, met with a steering committee, and hosted a 3-Day Design Charrette. Stakeholder Focus Groups - July 12 and 13 The first stakeholder interviews and focus groups were held July 12 and 13 at the Milton Public Library. Each group met for an hour, and participants were welcome to stay for as long as they wished. The design team focused on the following concerns: • Parking management and / or the location of a parking deck; • Parks and open space and two potential locations for a new park; • Streetscape improvements, particularly on Crabapple Road and Birmingham Highway; • Trail locations and an increased sidewalk network. The infographics to the right illustrate the items that were discussed most and the opinions associated with them. Many of the items from previous plans were confirmed as desired recommendations. PEDESTRIAN & BIKE FACILITIES AND STREETS Many stakeholders noted that pedestrians should come first when considering transportation networks. Wider sidewalks that connect to each other are highly desired. One stakeholder noted that sidewalks should not “go to no where.” Stakeholders highly supported multi-use trails to connect the schools, the commercial area, and current and future green space. Streets should be improved with mid-block crossings, better crosswalks, and slower traffic. PARKS & OPEN SPACE Both park options (one on Birmingham Highway and one on Mayfield Road) were desired. Overall, a passive green space with gathering places or an amphitheater was preferred over active recreation and sports fields. Many stakeholders noted that a dog park would be successful. DEVELOPMENT Many noted the importance of adding a grocery store in Crabapple, potentially in the Northeast Quadrant. A performing arts center would be well-used by community groups and school performances. The school facility cannot accommodate all the groups or the number of people that wished to attend shows. DOWNTOWN MILTON PLACEMAKING PLAN 20DRAFT Steering Committee Meeting #1 The first steering committee meeting was held on July 12 at 6:00 PM at the Milton Public Library. The design team gave a presentation about the potential for streetscape improvements, trail connections, sidewalk improvements, and potential park programming and design. The team also discussed the planning process and gave notice of future meetings and the design charrette. Greenspace Public Input from June 2016 City Council Meeting On June 6, 2016, a City Council meeting was held to discuss greenspace needs and desires, as part of an initiative directed by the Planning Commission for the proposed greenspace bond. The Commission used an online survey and held meetings to gather feedback about the criteria for the future of greenspace and parks. The following groups were established, in order of importance according to the feedback: • Provide trails and / or greenway connections; • Preserve open space (pastures, horse farms, large tracts of land, passive use areas, greenspace between subdivisions); PARKING Stakeholders agreed that the parking issue should be addressed to accommodate future development. Many suggested that a parking deck could go in the Northeast Quadrant or behind the current retail on Crabapple Road. Few people argued against on-street parking, even on residential streets. Some noted that parking management may be the best way to address the issue at this time. THE CROSSROADS Most stakeholders agreed that the Shell Station at the Crossroads should be redeveloped. This will need to happen to accommodate the recommended roundabout (long-term project, page 48). It was suggested that pavers be used in the intersection to differentiate the historic Crossroads and slow the traffic. • Protect important natural resources; • Preserve rural areas, views, and “feel;” • Add parks, mostly passive and / or unimproved parkland, and passive pocket parks; • Protect historic resources; • Provide areas for wildlife habitat; • Protect areas with water, ponds, stream buffers, and watershed areas. In addition, factors to consider in land acquisition for parks included: • The preservation of trees and avoidance of clearcutting; • Using buildable land unless the non- buildable part of the land is small or the land is used for trails; • Acquiring land from willing landowners and do not use eminent domain to acquire land; • Acquiring land adjacent to existing, protected greenspace; • Parcels that meet two or more criteria will be prioritized. Steering Committee Meeting - August 31 The second steering committee meeting, held on August 31, 2016, at the Milton City Hall, discussed the first chapter of this report and the upcoming charrette in September. TSW gave a brief presentation 21 DOWNTOWN MILTON PLACEMAKING PLAN DOWNTOWN MILTON PLACEMAKING PLAN 22DRAFT about the findings of the initial analysis, which included mapping, site visits, the market study, and reviewing previous plans (Chapter 1). The TSW Team also vetted the goals of the placemaking plan with those in attendance. Attendees made the following suggestions about the goals and analysis: • Ensure that the parking management strategy becomes a parking management plan, so that it is implemented. • Revise the susceptibility to change map by adding parcels around Mayfield and Mid-Broadwell to the “highly susceptible to change” category. • Consider connections between Crabapple Baptist Church and the commercial area using the strip of land between the church property and the commercial property north of McFarlin Lane. Feedback also included information regarding ownership of certain parcels, particularly those comprising the potential park on Birmingham Highway. Overall, the analysis portion of the planning process was met with enthusiasm and positivity. The TSW Team also provided information regarding the charrette and walking audit, encouraging the steering committee to attend and pass the word along to others. Above: The walking audit took participants along major corridors throughout the Downtown Milton /Crabapple area to examine the pedestrian facilities and conditions. DOWNTOWN MILTON PLACEMAKING PLAN 22DRAFT Pre-Charrette Walking Audit - September 6 The TSW Team took 21 participants on a walking audit of Downtown Milton / Crabapple to describe the pedestrian and vehicular conditions along major corridors in the study area. Ian Lockwood with Toole Design Group led the tour, which was a two-hour loop shown in the map above. Above: The walking audit map with the route and stops. The walking tour was intended to educate participants about the ways to improve pedestrian conditions, reduce traffic speeds and congestion, and create a “downtown experience” prior to the commencement of the design work during the charrette, which took place the following three days. Walking Audit Findings The main items discussed during the walking audit included: • The potential for a road diet on Crabapple Road; • The design speed of streets, allowing cars to travel more quickly; • The need for more sidewalks that are wider and connected to each other; • The ability to reduce lane widths as a traffic calming method; • The need to create alternative routes to alleviate traffic congestion on major thoroughfares, like Birmingham Highway and Crabapple Road; • The potential for trail connections between schools, parks, and retail. Establish locations and programming for park space in the Crabapple area • Small park on Mayfield Road (7 ac) • Park on Birmingham Hwy (21 ac) • Connect the parks to the schools PLACEMAKING PLAN DESIGN GOALS POLICY GOALS FRAMEWORK PLAN (SEE RIGHT) Create a trail network that connects to sidewalks, schools, commercial development, and parks • On-street connections to City Hall, on Crabapple Road, & Mayfield Road • Connections between the schools Provide streetscape improvements that prioritize pedestrians on key streets • Enhance Crabapple Road, Birmingham Highway, Mayfield Road Establish a parking management strategy • Recommend private valet stands for parking management • Identify locations for a potential parking deck Locate development where appropriate, and determine the most suitable types of development • Accommodate Form-Based Code requirements • Develop Northeast Quadrant along Mayfield Road • Develop the Northwest Quadrant around City Hall and the Crossroads POLICY RESPONSE • Parking management • Maintain zoning requirements • Add proposed streets to Regulating Plan SPECIFIC DESIGN RESPONSE • Park programming for both parks • Connected trail network • Wider sidewalks and narrower vehicle lanes • Development around the Crossroads 23 DOWNTOWN MILTON PLACEMAKING PLAN DOWNTOWN MILTON PLACEMAKING PLAN 24DRAFT >> CHARRETTE RESULTS The TSW Team hosted a charrette at the Milton Public Library on September 7th and 8th, and worked independently in the TSW office on September 9th to finalize graphics. The public was invited to visit the design team throughout both days at the library, and an informal public open house was held on the evening of September 7th. The following items became the framework for the design decisions and placemaking goals (shown in the diagram to the right): • Streets • Trails • Parks • Development • Parking The stakeholder committee, City of Milton, and TSW Team established the overall placemaking goals prior to the charrette at the second steering committee meeting to guide the design decisions. Design and planning recommendations shown in this chapter are the direct results of the charrette and were revised as needed after the charrette for the final recommendations, which are shown in the next chapter. DOWNTOWN MILTON PLACEMAKING PLAN 24DRAFT Network and Car-Carrying Capacity Same Total Lanes More Car-Carrying Capacity 4 62 2 2 2 2 >> Charrette Results: Streets The overall goal for streets was to increase the street network to alleviate traffic on major corridors, like Crabapple Road and Birmingham Highway. As shown in the diagram to the right, multiple streets provide the same number of lanes as having larger corridors, but they provide drivers (and pedestrians and cyclists) with more route options. These recommendations build on the street network and roundabout at Charlotte and Mayfield established in the Regulating Plan (shown with gray dashed lines on the map to the right). Adding the street network would allow the pick-up / drop-off to be removed from Birmingham Highway, which would reduce congestion. Another recommendation is to add a roundabout at the Crossroads. Recommendations for the existing streets include adjustments to Crabapple Road, Birmingham Highway, and Mayfield Road. The street sections for these plans are shown in Chapter 3 with the final recommendations, but they include removing deceleration lanes, reducing vehicle lane widths, widening sidewalks, and accommodating cyclists. Consistent Recommendations for Streets: • Add street network • Remove deceleration lanes and reduce lane widths • Enhance and increase pedestrian and bike facilities • Add street trees and street furniture • Provide gateways into Crabapple at the roundabouts • Bring sidewalks closer to buildings closer to the sidewalk to enhance street activity • Add on-street parking • Change paving in key areas 25 DOWNTOWN MILTON PLACEMAKING PLAN DOWNTOWN MILTON PLACEMAKING PLAN 26DRAFT Above: This diagram shows how a more complete street network accommodates the same number of lanes of vehicle traffic, while allowing users more route options and reducing traffic congestion. Right: This diagram shows the street network enhancements and an enlarged plan for Crabapple Road and Birmingham Highway. DOWNTOWN MILTON PLACEMAKING PLAN 26DRAFT Crabapple R o a d Heritage Wal k Birmingham HighwayRoundabout at the Crossroads** Roundabout in Progress Roundabout in Progress **Roundabout at the Crossroads must receive GDOT approval and include the redevelopment of the Shell Station. >> Charrette Results: Trails & Bike Facilities The overall goal for trails and bike facilities was to create a network that connects parks, sidewalks, the schools, and development near the Crossroads and in the Northeast Quadrant, so that users could reach much of Crabapple by walking or biking. This is addressed by adding both off-street and on-street trails. The trail along Mayfield Road (pages 54, 57) will link the new development to the school properties and across Birmingham Highway to the proposed large park (Crabapple Park). The on-street portions include: • On-street spur on Lecoma starting at City Hall and connecting to Heritage Walk and Crabapple Road (page 46); • Separated bike facilities and a wider multi-use path on Crabapple Road (page 47); • Multi-use trail and cycle-track on the north side of Mayfield Road (page 57). Trail Design Considerations: • The off-street trails between the schools and parks are currently designed to be a 12’ wide concrete trail. • On-street portions widen existing sidewalks or add new facilities along the streets. 27 DOWNTOWN MILTON PLACEMAKING PLAN DOWNTOWN MILTON PLACEMAKING PLAN 28DRAFT Above: This is the design for off-street trails between the schools and development in the Northeast Quadrant. Right: This diagram shows the trail network for the study area, Concrete pavement DOWNTOWN MILTON PLACEMAKING PLAN 28DRAFT Mayfield Road on-street multi-use trail Approximate locations for off- street and on-street trail connections between development in NE Quadrant and schools On-street connection by new City Hall, connecting to Heritage Walk & Crabapple Road >> Charrette Results: Parks & Open Space The parks and open space network in the Crabapple area can be defined by the trails described on pages 27-28, stream buffers (which can offer opportunities for open space), and large open space created by the schools, the potential Crabapple Park on Birmingham Highway, Friendship Park, and the potential park on Mayfield Road (Mayfield Park). The idea is to treat these spaces as one and connect them to each other and to other parts of Crabapple through trails and sidewalks. All of this land can be used for active (at the schools) and passive (at the parks) recreational needs. The two potential parks become the bookends of the larger open space area. At the charrette, two options were created for Crabapple Park on Birmingham Highway, and one design option was created for Mayfield Park on Mayfield Road. All concepts create passive parks, based on stakeholder input. For Crabapple Park, it is important to note that some of the land currently designed may not be available for purchase because of the property owner’s desires. **Both parks’ designs were adjusted after the charrette to accommodate changing conditions (Chapter 3).** Amphitheater Lawn Orchard Hill Grand Lawn Community Building Orchard Birmingham HwyCrabapple Baptist Church NorthwesternMiddle SchoolParking (22) New Street (connects to street extension across Birmingham) Dog ParkTrail Trail to City Hall Crabapple Park Concept 1: • T2 in Form-Based Code • 47 single-family homes and 9 townhomes overlook the park • Ring road connects the to the street extension across Birmingham Highway • On-street parking on the road • Connection to City Hall via a trail spur in the southwest corner • Passive park with a series of gathering spaces offering different activities Above: This plan shows one of the concepts for the Crabapple Park. Right: This diagram shows the parks and open space network in the Downtown Milton / Crabapple study area. 29 DOWNTOWN MILTON PLACEMAKING PLAN DRAFT DOWNTOWN MILTON PLACEMAKING PLAN 30 DRAFT DOWNTOWN MILTON PLACEMAKING PLAN 30 Crabapple Park Mayfield Park Stream Buffers Milton High School Crabapple Crossing Elementary Northwestern Middle School Above: This plan shows the second concept for Crabapple Park. Right: This plan shows the design concept for the small park on Mayfield Road. 31 DOWNTOWN MILTON PLACEMAKING PLAN DOWNTOWN MILTON PLACEMAKING PLAN 32DRAFT Crabapple Park Concept 2 Considerations: • T2 in Form-Based Code • Trail network connects through the park to the schools • Some parking provided • Connection to City Hall via a trail spur in the southwest corner • Passive park with a series of gathering spaces offering different activities **This Crabapple Park design concept was chosen as the preferred concept in the Final Recommendations (Chapter 3, page 49), and it was revised as needed. Amphitheater Lawn Community Garden Grand Lawn Community Building Orchard Birmingham HwyCrabapple Baptist Church Northwestern Middle School Parking New Street Dog Park Trail Trail to City Hall Parking Entry Drive Barn Open Space Woodlands Pedestrian Bridge Stream Buffer Pedestrian Bridge (Connects to street extension across Birmingham Highway) DOWNTOWN MILTON PLACEMAKING PLAN 32DRAFT Mayfield Park Concept Considerations: • T2 in Form-Based Code • Uses existing asphalt drive for a trail that connects to the schools north of the site and the internal trails • Development southwest of the park fronts the park and Mayfield Road • Passive park with an educational focus **This Mayfield Park design concept was revised as needed for the final recommendations (Chapter 3, page 58). Future Adjacent Development (page 53) Existing Lake Boardwalk Boardwalk Woodlands Amphitheater New Street (Regulating Plan)New Street Mayfield RoadRe-use Existing Asphalt Drive Trail to Schools Trail to City Hall Community Garden Parking >> Charrette Results: Development New mixed-use development is proposed in both the Northwest and Northeast Quadrants, according to the Form-Based Code which is the zoning code for the Crabapple Character Area, as set forth in the Regulating Plan, the current Zoning Ordinance (adjacent, right), and desires expressed in the stakeholder meetings. Residential units, retail, and office uses are included in the development schemes. Form-Based Code Zoning Summary: • T5 along Crabapple Road and at the Crossroads • T4-Open in the other development parcels • Designations promote low-density and small building types • Maximum building footprint is 18,000 SF with 36,000 SF total maximum building area • Building Units: 2,250 SF for commercial • Each residential unit is counted as one (1) building unit • Historic buildings, civic buildings, accessory dwelling units, and senior housing units do not count towards density • Can use TDR to increase density Above: The Crabapple Regulating Plan (the current Zoning Ordinance) from 2012. Right: This diagram shows where development is recommended in the study area. 33 DOWNTOWN MILTON PLACEMAKING PLAN DOWNTOWN MILTON PLACEMAKING PLAN 34DRAFT DOWNTOWN MILTON PLACEMAKING PLAN 34DRAFT NW NE SESW Top, left: The New City Hall construction as of August 2016. Middle: New commercial development at Itaska and Crabapple Road under construction in August 2016. Top, right: Townhomes and residential units in the new development will adhere to the current standards. NW Quadrant Development Summary The recommendations focus on infill development around the current commercial core along Crabapple Road, the new City Hall location, and the Crossroads. This area is already experiencing growth with the development of additional commercial space, residential units, and the newly-constructed City Hall. The proposed development scheme, which meets the current T4-Open and T5 Form- Based Code requirements (Chapter 3), includes: • Townhomes; • Mixed-use at the Crossroads (1 level); • Office; • On-street trails to City Hall, Crabapple Road, and Heritage Walk; • A potential parking deck location; • Open space near City Hall; • Additional streets and realignments of existing streets; • Redevelopment of the Shell Station site with mixed-use development. The exact numbers of each element were adjusted after the charrette with more precise measurements and are illustrated in Chapter 3 (the code analysis calculations are in the appendix). 35 DOWNTOWN MILTON PLACEMAKING PLAN DRAFT DOWNTOWN MILTON PLACEMAKING PLAN 36 Top: Proposed development in the NE Quadrant works with many existing buildings with historic value, including the Cotton Gin (page 7). NE Quadrant Development Summary The recommendations focus on mixed-use development along Mayfield Road near the Milton Public Library and adjacent to the proposed park, east of the Crossroads. This area is slated for greater connectivity with additional street and trail connections recommended in the Regulating Plan (page 33) and others from this plan (page 26). This concept plan (Chapter 3) accommodates the street connections, trail connections, and the requirements for the Form-Based Code. The development code analysis in the appendix (page 79) describes how the recommendations fit the code. • T4 in Form-Based Code; • T5 at the Crossroads; • Trails to parks, schools, City Hall; • Potential parking deck location north of Mayfield Road; • Farm-to-table restaurants and community gardens; • Adjustments to the Mayfield Road street section; • New street connections; • Potential for more development on northern lots. The exact numbers of each element and development types were adjusted after the charrette with more precise measurements and are illustrated in Chapter 3. DRAFT DOWNTOWN MILTON PLACEMAKING PLAN 36 >> Charrette Results: Parking The design team analyzed the existing parking inventory and calculated future demand based on the square footage of restaurants; however, on-street parking spaces were not included in the inventory. The diagram on the adjacent page shows the current inventory and the peak evening demand. The analysis was completed to determine the viability of a parking deck in the study area to support additional commercial development. The image to the right shows the potential locations in the study area for a parking deck if feasible, and potential locations for valet stands. The plan was drawn to accommodate either a surface parking lot or parking deck if the City decides to pursue the option in the future. The final recommendations are outlined in more detail in the next chapter, but the analysis determined the feasibility and cost of surface parking lots, a parking deck, and a valet service as a parking management strategy. Above: The blue boxes represent the potential locations for a parking deck in the future. Right: This diagram shows the parking inventory and demand at peak evening hours. 37 DOWNTOWN MILTON PLACEMAKING PLAN DOWNTOWN MILTON PLACEMAKING PLAN 38DRAFT Crabapp l e R o a d Mayfield R o a dHeritage WalkNew City Hall The Crossroads NW NE SE SW Milton Public Library Potential Parking Deck Potential Valet Stand DOWNTOWN MILTON PLACEMAKING PLAN 38DRAFT DOWNTOWN MILTON PLACEMAKING PLAN 38DRAFT Middle School (256) Friendship Park (40) Elem. School (156) JW (83) Future Dev. (172)Milton’s (75) (37)Library (116) Pavilion (20) NORTHEAST QUADRANT PARKING SPACES: • Total existing: 610 • Peak evening demand: 100 • Total w/development: 782 • Peak evening demand w/ potential development: 225 SOUTHEAST QUADRANT PARKING SPACES: • Total existing: 173 • Peak evening demand: 0 NORTHWEST QUADRANT PARKING SPACES: • Total existing: 678 • Peak evening demand: 84 SOUTHWEST QUADRANT PARKING SPACES: • Total existing: 386 • Peak evening demand: 140 (with Indigo’s) Baptist Church (247) Braeburn (77) (85) City Hall (60) (81) (78) Proposed FlatsVet (50) Crabapple Station (138) (30) Goddard School (13) (80) **Demand based on SF of Restaurants **On-street parking not included DOWNTOWN MILTON PLACEMAKING PLAN 38DRAFT 39 DOWNTOWN MILTON PLACEMAKING PLAN DOWNTOWN MILTON PLACEMAKING PLAN 40DRAFT >> FINAL PUBLIC OPEN HOUSE The TSW team hosted the final public open house to display the final recommendations (Chapter 3) and implementation strategy (Chapter 4) at the Milton Public Library on November 30, 2016, at 6:30 PM. Approximately 65 residents were in attendance. Despite many questions and concerns, most feedback about the final recommendations were positive, particularly regarding the streetscape changes on Crabapple Road, Mayfield Road, and Birmingham Highway and the two park designs. Some key comments that were addressed in the final report are: • Consider moving the dog park from Crabapple Park to Mayfield Park because of noise adjacent to single- family homes; Moved the dog park farther into Crabapple Park to reduce noise. • Add sidewalks along the entire Charlotte Drive corridor; Sidewalks added to Charlotte Drive and Mid Broadwell Road. • Note the importance of accommodating handicap parking greater than the regulations require; Made note of this next to the parking infographics in Chapter 3. • Ensure that developers build the sidewalks along their properties on public streets where necessary. Noted this in the implementation section (Chapter 4). Some concerns were addressed during the meeting by TSW team and the City representatives (answers in blue below): • Concerns about the level of density; Density meets requirements of Form-Based Code. • Concerns about the plan being “law of the land” rather than a conceptual guideline for future development; This plan provides a framework so that future development adheres to the goals of the community established in previous plans and the Form-Based Code. What will be built will differ from what is drawn. • Concerns about historic structures being removed for new development; No historic structures were removed. • Questions about the future of the Shell Station at the Crossroads; Owner still has two years on the lease. The plan is to redevelop it when possible. • Questions about the amount of traffic new streets will bring or alleviate. Additional streets and roundabouts will reduce congestion on larger corridors. Present Recommendations to Planning Commission (2017) Approval and adoption by Planning Commission (2017) Additional Final Public Hearing (2017) City Council Workshop Session Approval and adoption by City Council The City starts the first steps noted in Chapter 4 FINAL STEPS DOWNTOWN MILTON PLACEMAKING PLAN 40DRAFT >> ADDITIONAL FINAL PUBLIC HEARING The TSW team and the City of Milton presented the Placemaking Plan at an additional public hearing on April 20th, 2017 at the new Milton City Hall. Some key comments that were addressed in the final report are: • Retail in front of Milton’s in the NE Quadrant and associated parking ratios; Removed the small retail buildings and ensured parking ratios in the NE Quadrant meet requirements. • Liner townhomes in the NW Quadrant and associated parking; Removed one townhome and provided a one-way alley for parking access. • Parking in general; All conceptual developments were double-checked to ensure accordance with the Form-Based Code. Many concerns at the public hearing were about traffic congestion, pedestrian safety, road network, the completion of the roundabouts, and project prioritization and funding. The City of Milton answered all of these questions with completion timelines and explained the project processes. 41 DOWNTOWN MILTON PLACEMAKING PLAN DOWNTOWN MILTON PLACEMAKING PLAN 42DRAFT **This chapter shows the placemaking recommendations, but the plans only represent an idea of what the future could look like, assuming the assemblage of multiple parcels for larger developments. The key components are the infrastructure improvements (streets, sidewalks, parks). Development will follow or occur concurrently. All recommendations fit within the Form-Based Code and parking requirements. All future designs will need to comply with all of the City of Milton’s requirements** CHAPTER 3 >> FINAL RECOMMENDATIONS // Placemaking Plan Summary // Northwest Quadrant // Northeast / Southeast Quadrants // Parking Recommendations DOWNTOWN MILTON PLACEMAKING PLAN 42DRAFT 43 DOWNTOWN MILTON PLACEMAKING PLAN DRAFT >> PLACEMAKING PLAN The final recommendations for the placemaking plan include: • Mixed-use development (meeting the Form-Based Code and assuming assemblage of multiple parcels) • The Crossroads • Northwest Quadrant • Northeast Quadrant • Two new passive parks • Crabapple Park on Birmingham Highway • Mayfield Park on Mayfield Road • Short-term and long-term parking considerations • On-street and parking lot spaces • Valet parking • Locations for a potential parking deck identified • Streetscape enhancements • Crabapple Road • Mayfield Road • Birmingham Highway • Heritage Walk (under construction) • Trail system on streets and between the schools (4 miles total) The infographics to the right describe the overall recommendations for the entire Downtown Milton / Crabapple study area and the following pages describe each development area in more detail. Most of the new development occurs in the NW and NE Quadrants, as summarized above. All of it fits within the Form-Based Code requirements and is intended to be phased according to market conditions over 5-10 years. Approximately 4 miles of trails (and on- street multi-use paths) were added to the study area to connect the schools, new parks, and the existing commercial area on Crabapple Road. Two larger parks are recommended, which adds 28 acres of passive park space. In addition, approximately 2 acres of pocket parks and plazas were added to the development areas. DOWNTOWN MILTON PLACEMAKING PLAN 44DRAFT Crabapple Park (Page 49) Page 45 Mayfield Park (Page 57) Page 53 45 DOWNTOWN MILTON PLACEMAKING PLAN DRAFT >> NORTHWEST QUADRANT DEVELOPMENT The Northwest Quadrant is bound to the east by Birmingham Highway and to the south by Crabapple Road. This area includes the current commercial core of Crabapple, the newly-constructed Milton City Hall, and the additional retail development also underway on Crabapple Road. This placemaking plan recommends additional office, mixed-use, and residential development to complete the town center. Northwest Quadrant Recommendations: • Reroute Lecoma Trace and add a small new connection street • Office development at Lecoma Trace and the new connection street • Add new townhomes on the northern edge and along Heritage Walk • Redevelop the Shell Station site and replace with a mixed-use (office and retail) building and a roundabout at the Crossroads (long-term project; current project is to add left-turn lanes) • Improve the Crabapple Road streetscape (page 47) to include on- street parking and bike facilities • Add on-street trails to connect to Crabapple Road and Mayfield Road Development in the Northwest Quadrant could include office, townhomes, and mixed- use development at the Crossroads. The above square footage total does not include the commercial development currently under construction. All development is projected to be phased, with new street connections preceding building construction. Trails are integrated with on-street multi-use paths on Crabapple Road, Heritage Walk, Lecoma Trace and connect to the Northeast Quadrant and Crabapple Park via Birmingham Highway. Small plazas and open space areas create pocket parks by the offices and townhomes. Parking is added with 84 on-street spaces on Itaska, Lecoma, and Crabapple Road. Surface parking lots include the new City Hall lot, parking behind the new retail, a temporary parking grove, and a lot that is appropriately-sized for a potential deck. All parking must accommodate sufficient handicap parking spaces. DEVELOPMENT INCLUDES OTHER AMENITIES DOWNTOWN MILTON PLACEMAKING PLAN 46DRAFT Parking (51) Crabapp l e R o a d Heritage W a l k ( under co n s t r u c ti o n ) Parking (54) New City Hall Parking Court Parking (78) Potential Parking Deck Alley-loaded Townhomes (22) (Self-Parking) Townhomes (15) (Self-Parking) Parking Court Itaska WalkRoundabout (under construction) Roundabout (under construction) Left-turn lanes (Ph.1) at the Crossroads (see page 48 and implementation chapter for long-term plan)Lecoma Trace (Street Realigned w/ wide sidewalk / trail)Open space Plaza Lecoma Trace Birmingham HighwayAlpharetta Municipal Court Trail connection New development in progress (Flats) Parking (24) Office Office (Commercial House) Townhomes (10) (Self-Parking) Retail (under construction) Mixed-use (office & retail) Lecoma Trace Temporary Parking Grove (200) (Long-term plans for development) New St r e e t 0’ 100’ 200’ 400’ On-street trail connection Street design includes on-street path Crosswalks Mid-block Crosswalk Crosswalks Townhomes (6) (Self-Parking) LEGEND Multi-Use Trail Current Historic Buildings 47 DOWNTOWN MILTON PLACEMAKING PLAN DRAFT Streetscape improvements are recommended for Crabapple Road and Heritage Walk. Heritage Walk is currently under construction, including the roundabouts at Birmingham Highway and Crabapple Road. Crabapple Road Recommendations: • Remove deceleration and turn lanes • Create a left-turn lane • Reduce vehicle lanes to 11’ wide • Move sidewalks to the fronts of the buildings • Add a tree lawn and tree bulb-outs • Bike lanes on both sides of the street • On-street parking and valley gutters • Add crosswalks at intersections and a mid-block crossing Heritage Walk Progress: • The new street planned by the City of Milton and GDOT (S.2) is under construction (2017) • The connecting roundabouts at Crabapple Road and Birmingham Highway are under construction (2017) >> NORTHWEST QUADRANT CRABAPPLE ROAD AND HERITAGE WALK STREETSCAPES S.1 Crabapple Road On-street multi- use path Separated bike facilities *Street section includes crosswalks at all intersections and a mid-block crossing as noted on the plans Building line Long-term Recommendation for the Crossroads The current project for the Crossroads is to add left-turn lanes on 3 approaches to ease traffic flow, particularly at peak times. The long-term project is to change this intersection to a roundabout (see Implementation section of the report). S.1 S.2 New City Hall DOWNTOWN MILTON PLACEMAKING PLAN 48 Street design includes on-street multi-use path DRAFT S.2 Heritage Walk - under construction (City of Milton & GDOT plans, see appendix) Crabap pl e R o a d Heritag e W al k ( under constru c ti o n) 0’ 50’ 100’ 200’ Mid-block Crosswalk Crosswalks - all 4 sides of intersection Path through development to trails 49 DOWNTOWN MILTON PLACEMAKING PLAN DRAFT Crabapple Park Use This park is intended to be a primarily passive park with walking trails, gathering lawns, an amphitheater, community garden, and an orchard. The most active use in the park is the proposed dog park area, but this is buffered from other activities by the stream and larger wooded areas. Trails form loops for exercise and walking routes, but also connect across Birmingham Highway to the trails that lead to the schools and the development east of the Crossroads. Land Ownership Two property owners own this land, so the City will need to work with the owners to ensure that their goals are met or purchase the land at fair market value in order to construct the park. >> NORTHWEST QUADRANT CRABAPPLE PARK The park is approximately 21 acres and is a passive park with multiple amenities, woodlands, and trails. The park includes a 1-acre dog park, an amphitheater for community and school events, an orchard, grand lawn, community garden, and small pavilions for picnics and gathering spaces. The park includes 1.3 miles of internal trails through and around the woodlands and park amenities. Pedestrian bridges cross the stream running along the northern edge of the park. * The City of Milton must coordinate with property owners Two small parking lots accessible from the park entry drive provide 111 parking spaces within the park. Access is supplemented by trail connections from the schools and on-street parking on Birmingham Highway (page 51). TWO PARCELS OWNED BY TWO PROPERTY OWNERS* PARK AMENITIES Northwestern Middle School Dog Park Parking (63) Amphitheater Lawn Grand Lawn Orchard Stream Buffer Pedestrian Bridge Birmingham HighwayExisting Trail Expanded and Connected to New Trail Network in NE Quadrant New Street Connection & Trail (per Regulating Plan) Crabapple Crossing Elementary School HAWK Signal** and Crosswalks for Pedestrian Crossing HAWK Signal** and Crosswalks for Pedestrian Crossing Existing HAWK Signal** Parking (48) Woodlands Trail Small Pavilion Open Lawn Community Garden LEGEND New Street Connection (Regulating Plan) HAWK** Signal **A HAWK signal is a High- Intensity Activated crossWalK beacon used to stop road traffic and allow pedestrians to cross safely. DOWNTOWN MILTON PLACEMAKING PLAN 50DRAFT 0’ 100’ 200’ 400’ Crabapple Baptist Church 51 DOWNTOWN MILTON PLACEMAKING PLAN DRAFT Streetscape improvements are recommended for Birmingham Highway in order to prioritize pedestrians, slow traffic, and improve the connections between the proposed Crabapple Park and to the schools. Making the street easier to cross could allow more students to walk to school. The addition of new street network in the NE Quadrant (pages 53-54), which would accommodate school drop-off and pick-up, could remove traffic from Birmingham Highway during peak hours. Birmingham Highway Recommendations The 70’ right-of-way (ROW) extends north from the Crossroads and narrows to 50’ north of Crabapple Crossing Elementary. The ROW (S.1) includes on-street parking, shared lanes for bicycles and cars, tree bulb-outs, and wider sidewalks on both sides that connect to the proposed trail network and accommodate pedestrians and cyclists. The 50’ ROW (S.2) extends north through the remainder of the study area (with expansion at school entrances with HAWK signals) and includes wider sidewalks, crosswalks, shared lanes for bicyclists and cars, and a wider tree lawn separating pedestrians from the street. >> NORTHWEST QUADRANT BIRMINGHAM HIGHWAY STREETSCAPE Top, left: Signs clutter the small buffer between vehicular traffic and the sidewalk. Top, right: Birmingham Highway across from the proposed Crabapple Park currently has narrow sidewalks. Middle, right: The wide street section at the mid-block crossing to the elementary school makes Birmingham difficult to cross. The new section reduces the crossing distance with on- street parking and tree bulb-outs that widen the sidewalk at the intersections. Birmingham Highway would receive 32 on-street parking spaces from Crabapple Park south to the Crossroads. S.1 Birmingham Highway (70’ ROW) S.2 Birmingham Highway (50’ ROW) 0’ 50’ 100’ 200’ On-street multi- use path Shared Bike Facilities Wider sidewalks Shared Bike Facilities HAWK Signal** & Crosswalks Existing HAWK Signal** Crosswalks • GDOT prefers 13.5’ wide vehicle lanes, but this plan recommends 12’ and 11’ lanes to reduce traffic speeds. • GDOT prefers wider on-street parking widths, but this plan represents an ideal outcome. • These street sections are the ideal outcome, but they should supplemented with relocating school drop-off / pick-up to the new streets in the Northeast Quadrant (pages 53-54). **A HAWK signal is a High-Intensity Activated crossWalK beacon used to stop road traffic and allow pedestrians to cross safely. DOWNTOWN MILTON PLACEMAKING PLAN 52DRAFT S.1 S.2 Birmingham HighwayCrabapple Park Crabapple Crossing Elementary School Friendship Park 53 DOWNTOWN MILTON PLACEMAKING PLAN DRAFT Mixed-Use The proposed development in the Northeast and Southeast Quadrants conforms to the requirements of the Form- Based Code and corresponding Regulating Plan (appendix, page 79). This area becomes a mixed-use environment with live-work units, residential units (some units above retail), senior housing, retail, and office. New development fronts Mayfield Road and the new streets. If deemed necessary in the future, a parking deck is possible in the large surface parking lot south of the Charlotte Drive extension and east of the new shared street. Connectivity The expanded street network follows the Regulating Plan and adds two new streets to offer a connected block structure. These streets can accommodate some of the school traffic, reducing the impact on Birmingham Highway during peak hours. The trail network is expanded to connect with Crabapple / Mayfield Road, the schools, and Crabapple Park west of Birmingham Highway. All new streets have sidewalks, and existing streets receive wider sidewalks. >> NORTHEAST & SOUTHEAST QUADRANTS DEVELOPMENT The park will be an amenity for the adjacent development (approximately 7 acres). The passive park includes a community garden, amphitheater, boardwalk, and use of the existing lake. * Conforms with Form-Based Code with TDR (appendix, page 79) Significant mixed-use development (with TDR) is added to this quadrant. Calculations for all development and parking are in the appendix, page 79. Townhomes, single-family homes, live-work units, condos, and senior housing units will help support new retail and office, and will be phased. 6 new streets or street extensions were added in this quadrant with 1.8 miles of trail, which include the multi-use path on Mayfield Road and trails leading to the schools and internal to the park. On-street parking and surface parking lots are added to accommodate the growth in development. All parking must accommodate sufficient handicap spaces. CONNECTIVITY PARKING MAYFIELD PARK DEVELOPMENT* Parking (205) Potential Location for a Parking Deck Birmingham HighwayProposed Mayfield Park (page 58) Crabapple Crossing Elementary School Live/ Work Units (26) - Mixed-Use (Self-Parking) Mayfield R o a d ( p a g e 5 7) Charlotte Dr ive Mi d B r o a d w e l l R o a d New Street New Street (Shared Street)Alley-loaded Townhomes (19) (Self-Parking) Retail Senior Housing (14)Office Alley-loaded Townhomes (19) (Self Parking) Parking (85) Parking (65) Trail to Crabapple Park & Schools Trail to Schools Milton’s Jehovah’s Witness New Roundabout (under construction) Milton Public Library Roundabout (per Regulating Plan)Alley-loaded Townhomes (6) (Self-Parking) Retail Alley-loaded Single-Family Homes (6) Alley-loaded Townhomes (7) (Self-Parking) Charlotte Drive Extension (per Regulating Plan) Mixed-Use Condo & Retail (2 Stories Total) T5 T4- Open T2 Retail Commercial Houses Retail Crosswalks, Typ. The Cotton Gin Mixed-use: Office & Retail (2 Stories Total) Mixed-use: Office & Retail (2 Stories Total) Potential Future Roundabout DOWNTOWN MILTON PLACEMAKING PLAN 54DRAFT 0’ 125’ 250’ 500’Charlotte Drive Extension Ph. 2 (per Regulating Plan)New Street (per Regulating P l a n ) Ne w S t r e e t (pe r Re g u l a t i n g P l a n ) LEGEND New Street (in Regulating Plan) Current Historic Buildings Zoning Boundary 55 DOWNTOWN MILTON PLACEMAKING PLAN Mixed-Use Condo & Retail (2 Stories Total) Mixed-Use Condo & Retail (2 Stories Total) Mixed-Use Condo & Retail (2 Stories Total) Retail (1 Story) Parking (65) New Street New Street (Shared Street)Mixed-use: Office & Retail (2 Stories Total) Mixed-use: Office & Retail (2 Stories Total) Retail (1 Story) Retail Commercial Houses Charlotte Drive Extension (per Regulating Plan) Parking (205) Potential Location for a Parking Deck Alley-loaded Townhomes (19) (Self-Parking) Milton’s The Cotton Gin Mi d B r o a d w e l l R o a d Mayfield R o a d ( p a g e 5 9 ) >> NORTHEAST & SOUTHEAST QUADRANTS DEVELOPMENT Shared Street Example The proposed development in the Northeast and Southeast Quadrants conforms to the requirements of the Form- Based Code and corresponding Regulating Plan (appendix, page 79). This area includes a shared street connecting to the Charlotte Drive Extension (a TSPLOST priority project, see Implementation section), which is a curb-less condition, allowing the street to be closed for community events. Shared streets prioritize pedestrians and cyclists while providing vehicular lanes and on- street parking. Paving materials change to delineate pedestrian and vehicular areas. Commercial houses would line the east side of the street (see images to the right), and two-story, mixed-use buildings would be on the west side. These buildings could include offices, retail, or restaurants on the ground floor, and residential condo units on the second floor. A B 0’ 50’ 100’ 200’ Alley-loaded Townhomes (19) (Self-Parking) PAVERS STREET TREES ON-STREET PARKING PAVING CHANGES DOWNTOWN MILTON PLACEMAKING PLAN 56 A B 57 DOWNTOWN MILTON PLACEMAKING PLAN DRAFT (Ph.1) Sidewalk and decorative retaining walls to be under construction in 2017 (Federal Funding given to City of Milton, appendix) (Ph. 2) Cycle track and wide sidewalk (multi-use trail) connect to trail network (City needs to acquire land for expansion or reach an agreement with developers to construct the portion of the proposed ROW in their properties.) Mayfield Park The 7-acre park on Mayfield Road functions as an educational, passive park and enhances the site’s natural and built features. A boardwalk is added across the lake and the existing small island, while an amphitheater provides space for outdoor classes for the schools or small community events. The boardwalk runs adjacent to the stream in the woodland area, connecting to the overall trail network. The community garden could offer plots to local residents and give students the opportunity to learn how to garden. Mayfield Road Streetscape improvements that integrate the current plans for a 6’ sidewalk on the south side are recommended for Mayfield Road. The ROW is expanded to 65’ wide to accommodate more pedestrian and bicycle amenities on the north side, including on-street parking, tree bulb-outs, a two- way cycle track, a tree lawn, and a wider sidewalk adjacent to the new development, allowing space for outdoor seating or retail displays. >> NORTHEAST & SOUTHEAST QUADRANTS MAYFIELD PARK & MAYFIELD ROAD S.1 Mayfield Road Proposed Section for Phase 2 Existing Lake Existing Island Amphitheater Boardwalk Parking (8) Community Garden Trail (wide enough to accommodate vehicles if needed with grasscrete on the sides) Boardwalk through woodlands Use existing drive for trail connection Trail to schools Mayfield RoadJehovah’s Witness Townhomes Gathering / seating area Ne w S t r e e t (p e r R e g u l a t i n g P l a n ) Mid-block Crosswalk LEGEND New Street (in Regulating Plan) S.1 DOWNTOWN MILTON PLACEMAKING PLAN 58DRAFT 0’ 50’ 100’ 200’ Potential Single Family Development by Others Trail to schools and Crabapple Park 59 DOWNTOWN MILTON PLACEMAKING PLAN DRAFT Land Cost: $543,375 Avg. per space cost: $2,000 Total cost for 135 spaces: $270,000 Cost of Spaces + Land: $813,375 Financial burden on the City of Milton to incentivize private development of a structured parking deck Structured - surface = $2,160,325 Land Cost: $273,700 Avg. per space cost: $20,000 Total cost for 135 spaces: $2,700,000 Cost Spaces + Land: $2,973,700 **The estimated financial burden on Crabapple for a structured parking deck would include an initial expense of $2.16 million and on-going maintenance costs between $202 per space / year (self-park in deck) and $744 per space / year (valet with deck). This would only include one garage and would require patrons to cross Crabapple Road in the event that the garage and their destination are NOT on the same side of Crabapple Road. Based on the cost analysis and supply and demand of parking spaces at peak times, this plan recommends the use of valet stands in each quadrant within the existing and future commercial development to accommodate the increased parking demand in the future (diagram on page 38 shows the space count in each quadrant). Potential locations for the valet stands are noted with stars on the map to the right: • Olde Blind Dog (NW Quadrant) • Milton’s (NE Quadrant) • Milton Public Library or New Development (SE Quadrant) • Can’s Taqueria (SW Quadrant) • 850ºF BarPizza (SW Quadrant) The adjacent diagram describes three different scenarios: valet stand using existing parking, free self-parking with a parking deck, and a paid parking deck with valet. The cost comparison calculations are based on parking density of 3 spaces / 1,000 SF of office for a 45,000 SF office building (135 spaces), acreage cost of $500,000 / acre, and a standard parking spot size of 350 SF (includes spot and drive lane). >> PARKING RECOMMENDATIONS VALET VS. DECK COST COMPARISON FOR SURFACE LOT VS. STRUCTURED PARKING SURFACE LOT MILTON’S FINANCIAL BURDEN STRUCTURED (DECK) PARKING OPERATING EXPENSE FOR 3 PARKING OPTIONS VALET STANDS W/ EXISTING PARKING FREE SELF-PARKING DECK ADDED Cost to add effective 135 spaces: $16,875 / year Operating Valet: $125 / space / year Cost of Maintenance: $8,460 / year Cost of Insurance & Permits: $17,796 / year Operating 135 spaces: $202 / space / year Cost of Maintenance: $32,322 / year Cost of Insurance & Permits: $21,300 / year Cost of Valet & Payment System: $46,833 / year Operating 135 spaces w/ valet: $744 / space / year RECOMMENDED OPTIONVALET STANDS W/ PARKING DECK DOWNTOWN MILTON PLACEMAKING PLAN 60DRAFT 850ºF BarPizza 0’ 150’ 300’ 600’ Valet service in each of the primary retail areas (like Crabapple Station and Mercantile Exchange) would allow for increased parking density and prevent patrons from having to cross Crabapple Road. Birmingham HwyCrabapp l e R o a d Mayfield R o a d Heritage W a l k City Hall Olde Blind Dog Milton’s New Retail Milton Public Library Can’s Taqueria Charlotte Drive Extension Ph. 2LEGEND Potential Parking Deck Current Historic Buildings New Street (per Regulating Plan) Potential Valet Parking Stands Potential Deck Potential Deck *All parking for these conceputal scenarios meets code. These are potential long-term solutions. DOWNTOWN MILTON PLACEMAKING PLAN 6261 DOWNTOWN MILTON PLACEMAKING PLAN DRAFT DOWNTOWN MILTON PLACEMAKING PLAN 62 **This chapter summarizes the implementation strategy for the placemaking recommendations based on project type, with the key components being the infrastructure improvements (streets, sidewalks, parks). Development will follow or occur concurrently. The timeline for implementation varies based on the project type. All future designs will need to comply with all of the City of Milton’s requirements** CHAPTER 4 >> IMPLEMENTATION // Implementation Strategy & Diagram // First Steps DOWNTOWN MILTON PLACEMAKING PLAN 62DRAFT CHAPTER 4 >> IMPLEMENTATION // Implementation Strategy // First Steps DOWNTOWN MILTON PLACEMAKING PLAN 62DRAFT 63 DOWNTOWN MILTON PLACEMAKING PLAN DRAFT >> IMPLEMENTATION STRATEGY The following charts provide the implementation strategy for different types of improvements. As money becomes available and as developers assemble land, the projects can be phased accordingly and concurrently. However, projects that will make an immediate impact in Crabapple are prioritized, including: • Adopting the additional street network into the Regulating Plan; • Determining the parking management strategy and feasibility of a deck; • Constructing parks. Projects that enhance the vehicular and pedestrian circulation networks are important to implement first because they form the framework for future growth. Parks and trails offer connectivity to neighboring uses and positive social impact. Some projects are in motion**, and will be completed faster: • Construction of Heritage Walk; • Construction of the roundabouts connecting Heritage Walk to Crabapple Road and Birmingham Highway; • Sidewalks on the south side of Mayfield Road. The mixed-use developments in the Northwest and Northeast Quadrants can be added when the market can support them. DOWNTOWN MILTON / CRABAPPLE >> PROJECT LIST 1 - VALET PARKING STRATEGY #PROJECT NAME PROJECT DETAILS 1A Establish agreement with commercial tenants City coordinates with commercial tenants willing to participate in valet parking program 1A Coordinate with valet company City identifies and contacts with a valet company 1B Establish valet stands and parking lots to use City and commercial tenants decide on locations for stands and which parking lots to use 1C Unveil the program Valet stands are installed and operating plan is established, and the City announces the program 2 - STREETSCAPE ENHANCEMENTS STRATEGY #PROJECT NAME PROJECT DETAILS 2A Mayfield Road - South Side** City continues implementation of current sidewalk plans with awarded federal funding 2A Mayfield Road - North Side land acquisition City coordinates with property owners & developers to acquire ROW or establish an agreement 2A Mayfield Road - North Side construction City and developers construct new street section and roundabout at Charlotte Drive 2B Crabapple Road land acquisition City acquires ROW to the building fronts where needed and starts negotiations with GDOT to gain control of street 2B Crabapple Road roadway Remove the deceleration lanes and add on- street parking. 2B Crabapple Road streetscape improvements Restripe the road; install sidewalks, bike lanes, tree bulb-outs; add lights and furniture 2C Roundabout at the Crossroads - Shell Station site (Current project is left-turn lanes) Purchase the land or negotiate with potential buyer for the Shell Station site in the NW corner of the Crossroads 2C*Roundabout at the Crossroads* (Current project is left-turn lanes) Design and install the roundabout at Crabapple Road and Birmingham Highway (Long-term) 2D Birmingham Highway Add on-street parking, sidewalks, bulb-outs according to 50’ and 70’ ROW sections (page 52) DOWNTOWN MILTON PLACEMAKING PLAN 64DRAFT >> 1 VALET PARKING Valet parking can solve issues with potential retail clients and the need for more parking. This recommendation makes use of existing parking lots and infrastructure to reduce the amount of parking that must be constructed to accommodate growth. The City and commercial property owners should coordinate to find a valet company and establish the operating plan, locations for valet stands, and parking lots to use. >> 2 STREETSCAPE ENHANCEMENTS Crabapple will be more successful with pedestrian-oriented streets. The City is currently installing sidewalks and retaining walls on Mayfield Road with federal funding. The City should coordinate with property owners and developers on the north side to acquire ROW and to build the on-street parking, multi-use path, tree lawns, and cycle-track (Phase 2, pages 57-58). The first extension of Charlotte Drive and roundabout at Mayfield Road will be constructed in Phase 1 with the TSPLOST funding, and Phase 2 of Charlotte Drive (extension to the north) will occur with the new street network construction. The sidewalks on Crabapple Road should be moved adjacent to the buildings to encourage street side activities in front of the retail. Though left turn lanes at the Crossroads will be added first, the City should begin the negotiation process with GDOT to obtain control of Crabapple Road west of the Crossroads and acquire ROW or coordinate with property owners to construct the streetscape enhancements and roundabout (page 46). Birmingham Highway should be enhanced with on-street parking, a reduction in travel lane width, and wider sidewalks (sections S. 1 and S.2 on page 52). DOWNTOWN MILTON / CRABAPPLE >> PROJECT LIST 1 - VALET PARKING STRATEGY #PROJECT NAMEPROJECT DETAILS 1AEstablish agreement with commercial tenants City coordinates with commercial tenants willing to participate in valet parking program 1ACoordinate with valet companyCity identifies and contacts with a valet company 1BEstablish valet stands and parking lots to use City and commercial tenants decide on locations for stands and which parking lots to use 1CUnveil the programValet stands are installed and operating plan is established, and the City announces the program 2 - STREETSCAPE ENHANCEMENTS STRATEGY #PROJECT NAMEPROJECT DETAILS 2AMayfield Road - South Side** City continues implementation of current sidewalk plans with awarded federal funding 2AMayfield Road - North Side land acquisition City coordinates with property owners & developers to acquire ROW or establish an agreement 2AMayfield Road - North Side construction City and developers construct new street section and roundabout at Charlotte Drive 2BCrabapple Road land acquisitionCity acquires ROW to the building fronts where needed and starts negotiations with GDOT to gain control of street 2BCrabapple Road roadwayRemove the deceleration lanes and add on- street parking. 2BCrabapple Road streetscape improvements Restripe the road; install sidewalks, bike lanes, tree bulb-outs; add lights and furniture 2CRoundabout at the Crossroads - Shell Station site (Current project is left-turn lanes) Purchase the land or negotiate with potential buyer for the Shell Station site in the NW corner of the Crossroads 2C*Roundabout at the Crossroads* (Current project is left-turn lanes) Design and install the roundabout at Crabapple Road and Birmingham Highway (Long-term) 2DBirmingham HighwayAdd on-street parking, sidewalks, bulb-outs according to 50’ and 70’ ROW sections (page 52) 1 2A 2B 2C* 2D 3B 3C 45A 5A 5C 5B5D 2A Crabapple Park BirminghamMayfield Crabapp l e The Crossroads Heritage Crabapple Crossing Elementary Northwestern Middle School 3A Mayfield Park 4* (2C) Long-term Recommendation for the Crossroads 5C 65 DOWNTOWN MILTON PLACEMAKING PLAN DRAFT DOWNTOWN MILTON / CRABAPPLE >> PROJECT LIST 3 - PARKS & TRAILS STRATEGY #PROJECT NAME PROJECT DETAILS 3A Construct Mayfield Park on Mayfield Road City coordinates with property owner and / or developer to design and construct park 3B Construct Crabapple Park on Birmingham Highway City coordinates with property owners and / or developer to design and construct park 3C Construct trails between schools and parks Design and build trails between the schools and Mayfield Park and connecting to Crabapple Park 3C Construct NW Quadrant Trails City and developers construct on-street trails in the NW Quadrant (concurrently w/ streets), including those on Crabapple Road 4 - PARKING DECK FEASIBILITY / STRATEGY* #PROJECT NAME PROJECT DETAILS 4A Public / private coordination (City of Milton, commercial tenants, property owners) City, tenants, and property owners coordinate and determine the cost structure and feasibility. Determine if the location noted Northwest Quadrant (page 46) is the best location. * 4B Design the parking deck City and / or property owners hire firm to design the deck and attached office buildings, if applicable (page 46) 4C Construct the parking deck Construct the deck in the Northwest Quadrant 5- NEW STREET CONSTRUCTION STRATEGY 5A Add new streets in Regulating Plan Ensure proposed new streets and roundabouts / intersection treatments are added to Regulating Plan (map on page 68) 5B Charlotte Drive Extension Start construction of Charlotte Drive Extension and roundabout at Mayfield (TSPLOST priority project) 5C Northeast Quadrant Street Network Construct new streets, alleys, alignments, and intersection treatments in NE Quadrant 5D Northwest Quadrant Street Network Construct new streets, alignments, and alleys in NW Quadrant >> CONCURRENT PROJECTS The development schemes for the Northwest and Northeast Quadrants can be concurrent phases because they are developer-driven (private sector) projects. This includes all of the mixed- use, retail, office, and residential units. NW QUADRANT DEVELOPMENT As shown in the appendix, page 75, the recommendations meet the Form- Based Code requirements, and the City should ensure that the new street alignments and trails are prioritized and constructed to improve the circulation network. This development focuses on office and residential units that support the current commercial development. NE QUADRANT DEVELOPMENT The development shown on page 54 meets the Form-Based Code. It will be important for the City to ensure that the property owners and developers construct their projects according to the Regulating Plan and the framework established in this placemaking plan. The construction of the street network is the most important piece to improve connectivity and flexibility in development at the block level. DOWNTOWN MILTON PLACEMAKING PLAN 66DRAFT >> 3 PARKS & TRAILS Mayfield Park in the NE Quadrant is the prioritized park to construct because of land availability, it could meet green space requirements for a developer, and the streetscape changes on Mayfield Road would provide pedestrian access between the park and the NW Quadrant. Crabapple Park on Birmingham Highway is second priority. Next, the trails to the schools, parks, and on-street trails in the NE and NW Quadrants should be constructed because of the additional connectivity and public open space they provide. >> 4 PARKING DECK If deemed necessary through the use and study of the valet program, the City and property owners will determine the feasibility and cost structure of a parking deck. As of this plan, the parcels between the City Hall and the Crossroads are most appropriate for a parking deck, but another space in the NE Quadrant* could become more feasible as development occurs along Mayfield Road (pages 53-56). >> 5 NEW STREETS The City should add the proposed new streets and intersection treatments in the NW and NE Quadrants into the Regulating Plan (page 68). The streets in the NE Quadrant should be prioritized to provide development flexibility within the block structure, and to relieve traffic (particularly school traffic) on Birmingham Highway. The Charlotte Drive Extension (5B) is a TSPLOST priority project; the intersection will need adjustment when a connecting street is added. The streets in the NW Quadrant should be built next or as private development occurs. DOWNTOWN MILTON / CRABAPPLE >> PROJECT LIST 3 - PARKS & TRAILS STRATEGY #PROJECT NAMEPROJECT DETAILS 3AConstruct Mayfield Park on Mayfield Road City coordinates with property owner and / or developer to design and construct park 3BConstruct Crabapple Park on Birmingham Highway City coordinates with property owners and / or developer to design and construct park 3CConstruct trails between schools and parks Design and build trails between the schools and Mayfield Park and connecting to Crabapple Park 3CConstruct NW Quadrant TrailsCity and developers construct on-street trails in the NW Quadrant (concurrently w/ streets), including those on Crabapple Road 4 - PARKING DECK FEASIBILITY / STRATEGY* #PROJECT NAMEPROJECT DETAILS 4APublic / private coordination (City of Milton, commercial tenants, property owners) City, tenants, and property owners coordinate and determine the cost structure and feasibility. Determine if the location noted Northwest Quadrant (page 46) is the best location. * 4BDesign the parking deckCity and / or property owners hire firm to design the deck and attached office buildings, if applicable (page 46) 4CConstruct the parking deckConstruct the deck in the Northwest Quadrant 5- NEW STREET CONSTRUCTION STRATEGY 5AAdd new streets in Regulating PlanEnsure proposed new streets and roundabouts / intersection treatments are added to Regulating Plan (map on page 68) 5BCharlotte Drive ExtensionStart construction of Charlotte Drive Extension and roundabout at Mayfield (TSPLOST priority project) 5CNortheast Quadrant Street NetworkConstruct new streets, alleys, alignments, and intersection treatments in NE Quadrant 5DNorthwest Quadrant Street NetworkConstruct new streets, alignments, and alleys in NW Quadrant 1 2A 2B 2C* 2D 3B 3C 45A 5A 5C 5B5D 2A Crabapple Park BirminghamMayfield Crabapp l e The Crossroads Heritage Crabapple Crossing Elementary Northwestern Middle School 3A Mayfield Park 4*5C 67 DOWNTOWN MILTON PLACEMAKING PLAN DRAFT >> FIRST STEPS The implementation strategy on the previous pages was divided by project type, rather than a sequential timeline; however, some projects can be initiated immediately to ease development pressure and ensure that the goals of the placemaking plan are met with future development. As needed, the City of Milton should establish relationships with developers that want to build in the Northwest and Northeast Quadrants to ensure that appropriate, connected, and mixed-use development is constructed. The first steps to the right set the stage for future development and can begin immediately. VALET PARKING Valet parking can relieve some of the issues with attracting commercial growth, the desire to add restaurants in Downtown Milton / Crabapple, and with hosting events in public spaces. Additionally, studying the program’s success will help determine the need for a future parking deck. • City and owners identify parking lots and valet stands as started in this placemaking plan • City and property owners establish metrics to study the program, such as demand at peak hours and during events, customer satisfaction, efficiency of the program, • City measures the success of the program, and relief on parking pressure and uses results to determine the need for a parking deck POLICY CHANGES The City should add the roundabout at the Crossroads and the streets marked on the map to the right to the Regulating Plan to set the policy foundation for the street network to be constructed. These streets are new with the proposed development schemes or are realigned versions of the current streets. Although in progress, the City of Milton should ensure that the alcohol license and distance requirements are reduced to ensure that restaurants can be added to the commercial area along Crabapple Road. ACQUIRE LAND AND RIGHT-OF-WAY The City should start negotiations with GDOT to gain control of Crabapple Road to accommodate future streetscape changes. Additionally, as needed, they should purchase ROW on Crabapple Road and Mayfield Road or establish relationships with the developers / property owners to ensure the proposed streetscape improvements are made. Finally, if necessary, the City should purchase the land outlined for parks at fair market value. These acquisition tasks can begin immediately to ease the implementation of public space: the streetscapes, parks, and trails. DOWNTOWN MILTON PLACEMAKING PLAN 68DRAFT >> Streets to Add to Regulating Plan Crabapple Park Mayfield Park Birmingham HighwayMayfield R o a d Crabapp l e R o a d Roundabout at the Crossroads Heritage W a l k Crabapple Crossing Elementary Northwestern Middle School (2C) Roundabout at the Crossroads: Potential Long-term Project (add to Regulating Plan) Future Roundabout or Intersection Treatment LEGEND New Street & Intersection Treatment to Add to Regulating Plan New Street (in Regulating Plan) DOWNTOWN MILTON PLACEMAKING PLAN 7069 DOWNTOWN MILTON PLACEMAKING PLAN DRAFT DOWNTOWN MILTON PLACEMAKING PLAN 70 **This appendix summarizes many analysis steps the team took to vet the placemaking recommendations. The market study shows the demand for residential, retail, and office growth that Crabapple could support. Streetscape projects show current City of Milton efforts, and the development code analyses demonstrate how the proposed developments meet the Form-Based Code requirements.** APPENDIX >> PROJECTS IN PROGRESS // Current Streetscape Projects (, Charlotte Drive Extension, Mayfield Road) DOWNTOWN MILTON PLACEMAKING PLAN 70DRAFT APPENDIX >> // Crabapple Green Park Alternatives // Current Streetscape Projects // Development Code Analysis // Market Study Summary DOWNTOWN MILTON PLACEMAKING PLAN 70DRAFT 71 DOWNTOWN MILTON PLACEMAKING PLAN DRAFT The development framework within the Northwest Quadrant, as shown in Chapter 3, leaves room for flexibility in terms of future development driven by the private market. A village green, called “Crabapple Green,” has been proposed near the current mixed-use development on Crabapple Road, which would be similar in size to the village green in Seaside, Florida (image to the right). The Green would provide a downtown community green space. The two proposed options are: • Crabapple Green facing City Hall along Heritage Walk (currently under construction); • Crabapple Green adjacent to the roundabout (currently under construction) on the vacant property facing Crabapple Road >> CRABAPPLE GREEN PARK ALTERNATIVES IN THE NORTHWEST QUADRANT CITY HALL OPTION This option would remove some proposed townhomes and office space (from this Placemaking Plan) across from the New City Hall and behind the current mixed- use buildings. Additionally, Lecoma Trace would be realigned. However, all other proposed development from Chapter 3 could be accommodated with this park recommendation within this framework. CRABAPPLE ROAD OPTION This option would be placed on the corner of the vacant land along Crabapple Road at the roundabout. All of the proposed development for the Northwest Quadrant in Chapter 3 could be accommodated with this option, as this land was noted for short-term parking and long-term development. However, a lack of development on the east side of the park and the high-speed vehicular traffic on Crabapple Road could detract from the success of the green space. Top: Both Crabapple Green options are approximately the same size as the village green in Seaside, Florida. 0’ 100’ 200’ 400’ DOWNTOWN MILTON PLACEMAKING PLAN 72DRAFT CITY HALL OPTION CRABAPPLE ROAD OPTION 73 DOWNTOWN MILTON PLACEMAKING PLAN DRAFT >> CRABAPPLE GREEN PARK ALTERNATIVES IN THE NORTHWEST QUADRANT The images to the right show the proposed character for the two options for Crabapple Green. Both options provide a large lawn with an amphitheater / stage, plaza space with seating, and parking. CITY HALL OPTION DOWNTOWN MILTON PLACEMAKING PLAN 74DRAFT CRABAPPLE ROAD OPTION 75 DOWNTOWN MILTON PLACEMAKING PLAN DRAFT **Calculations are based on data provided by the Fulton County Tax Assessor and analyzed using ArcGIS. Data are not guaranteed. ***Existing Non-Residential in T5 includes the commercial currently under construction (2017) >> Northwest Quadrant Development Code Analysis The development numbers and parking counts were calculated for each Quadrant. The proposed development fits within the Form-Based Code requirements (the zoning code for Crabapple). The chart to the right demonstrates the building unit breakdown for the Northwest Quadrant, determined by the zoning designations and parcel boundaries. Commercial uses are retail, office, and mixed-use (office and retail), and residential units are townhomes. The City Hall does not count toward density. The T4, T4-Open, and T5 areas are currently below the by-right density permitted, as shown in the chart to the right. This means that more residential or commercial building units could be constructed in these areas by-right and with TDR, and/ or senior housing. The challenge will be adding enough parking on the site. If valet becomes an acceptable method in the future, the parking needs may be mitigated without building a parking deck. >> NORTHWEST QUADRANT FORM-BASED CODE ANALYSIS T-5 Building SF Zoning T-5 J 18,000 SF Acres 10.04 Residential Existing 15 Proposed 0 Building Units Dwelling Units:15 By-Right (9/ac)90.36 Building Units:15 By TDR (14/ac) 140.56 As Drawn 80.92 Non-Residential Existing (SF)133,875 Proposed (SF) 18,000 Remove Existing (SF 3,565 Building Units 66 T-4 Open Building SF / Units Zoning T-4 Open B 15 units Acres 11.34 C 10 units Residential D 6 units Existing 8 Building Units E 25,000 SF Proposed 31 By-Right (5/ac)56.7 F 3,400 SF Dwelling Units:39 By TDR (9/ac) 102.06 G 3,400 SF Building Units:39 As Drawn 56.02 H 3,500 SF I 3,000 SF Non-Residential Existing (SF)0 Proposed (SF) 38,300 Building Units 17 T-4 Building SF / Units Zoning T-4 A 22 units Acres 15.63 Residential Existing 42 Building Units Proposed 22 By-Right (5/ac)78.15 Dwelling Units:64 By TDR (9/ac) 140.67 Building Units:64 As Drawn 64.00 Non-Residential Existing (SF)0 Proposed (SF)0 Building Units 0 T-2 Building SF / Units Zoning T-2 -- Non-Residential City Hall (Existing) 22,769 Crabapp l e R o a d Heritage W a l k ( under co n s t r u c ti o n ) New City Hall Parking (78) (Potential Parking Deck) Alley-loaded Townhomes (22) (Self Parking) Townhomes (15) (Self Parking) Parking Court Itaska WalkRoundabout (under construction)Lecoma Trace (Street Realigned w/ wide sidewalk / trail)Open space Plaza Lecoma Trace Birmingham HighwayAlpharetta Municipal Court Trail connection New development in progress (Flats) Parking (24) Office Office Townhomes (10) (Self Parking) Retail (under construction) Mixed- use (office & retail) Lecoma Trace Temporary Parking Grove (Long-term plans for development) New St r e e t 0’ 100’ 200’ 400’ On-street trail connection Crosswalks Mid-block Crosswalk Crosswalks Townhomes (6) (Self Parking) F B A D H J C G DOWNTOWN MILTON PLACEMAKING PLAN 76DRAFT Parking (54) T2T4 T4 T5 T4-Open T4-Open T5 T5I E P1 P2 P3 P4 X LEGEND Building Code (see chart to left) P#Parking Lot # (see chart to left) Zoning Code Boundary Historic Buildings P5 77 DOWNTOWN MILTON PLACEMAKING PLAN DRAFT >> Northwest Development Parking Analysis The parking count for the Northwest Quadrant is shown in the chart to the right. By including on-street parking and recognizing that tenants may establish shared parking agreements (as is historically a precedent in Crabapple), the amount of parking provided slightly exceeds the requirement. Townhomes are self-parked. This calculation also includes existing parking spaces (for existing development), and the short-term parking lot adjacent to the roundabout. The breakdown of commercial space could vary based on the development in the future. The surface parking lot (P3) is sized appropriately to accommodate a parking deck if that is deemed necessary in the future. >> NORTHWEST QUADRANT FORM-BASED CODE ANALYSIS Parking Lot Street Parking # P1 51 P2 54 P3 (Potential Deck)78 P4 24 P5 200 Street (Crabapple Road)58 Street (Lecoma Trace)15 Street (Itaska)11 Existing Lots 78 Existing Street Spaces (Lecoma) 4 TOTAL 573 Required Parking 560 **Townhomes, Single Family Homes, and Live/Work Units are Self-Parked and are not included in parking count **CONCEPTUAL parking counts are based on 1 per residential unit, 4/1,000 for commercial 2/1000 SF for office in T5 and T4-Open Crabapp l e R o a d Heritage W a l k ( under co n s t r u c ti o n ) New City Hall Parking (78) (Potential Parking Deck) Alley-loaded Townhomes (22) (Self Parking) Townhomes (15) (Self Parking) Parking Court Itaska WalkRoundabout (under construction)Lecoma Trace (Street Realigned w/ wide sidewalk / trail)Open space Plaza Lecoma Trace Birmingham HighwayAlpharetta Municipal Court Trail connection New development in progress (Flats) Parking (24) Office Office Townhomes (10) (Self Parking) Retail (under construction) Mixed- use (office & retail) Lecoma Trace Temporary Parking Grove (Long-term plans for development) New St r e e t 0’ 100’ 200’ 400’ On-street trail connection Crosswalks Mid-block Crosswalk Crosswalks Townhomes (6) (Self Parking) F B A D H J C G DOWNTOWN MILTON PLACEMAKING PLAN 78DRAFT Parking (54) T2T4 T4 T5 T4-Open T4-Open T5 T5I E P1 P2 P3 P4 X LEGEND Building Code (see chart to left) P#Parking Lot # (see chart to left) Zoning Code Boundary Historic Buildings P5 79 DOWNTOWN MILTON PLACEMAKING PLAN DRAFT >> Northeast and Southeast Quadrant Development Code Analysis Block A Building SF / Units Zoning T-5 A 15 Units Concept Plan Lots Acres B 12,900 SF / 11 units Residential 12645 Birmingham Hwy (front) 2.1918 C 5,400 SF Live-Work Units 15 810 Mayfield Rd 1.0384 D 3,750 SF / 3 units Townhouse Units 7 790 Mayfield Rd 0.1579 E 3,000 SF / 3 units Condo Units 21 800 Mayfield Rd 1.1523 F 4,500 SF / 4 units Senior Units 0 12655 Birmingham Hwy 2.3100 G 7 units Dwelling Units:43 6.8504 H 2,500 SF Building Units:43 Building Units I 2,500 SF By-Right (9/ac)61.65 Commercial By TDR (14/ac)95.91 Commercial 34,550 As Drawn 58.36 Building Units 15.356 Block B Building SF / Units Zoning T-4 Open J 2,500 SF Concept Plan Lots Acres K 3,000 SF Residential 12645 Birmingham Hwy (rear) 2.3008 L 21,000 SF (total)Live-Work Units 11 830 MAYFIELD RD 1.0686 M 15,400 SF (total)Townhouse Units 21 860 MAYFIELD RD 0.4603 N 12 units Multifamily Units 0 870 MAYFIELD RD 1.4378 O 7 units Senior Units 14 840 MAYFIELD RD 1.2509 P 4 units Dwelling Units:46 850 MAYFIELD RD 1.4416 Q 14,000 SF (total) Building Units:32 7.96 R 16,800 SF (total) Building Units S 14 units By-Right (5/ac)39.8 T 9 units Commercial By TDR (9/ac)71.64 U 4,900 SF Commercial 77,600 As Drawn 66.49 Building Units 34.489 Block C Building SF / Units Zoning T-4 Open V 10 units Concept Plan Lots Acres W 4,900 SF Residential 900 Mayfield Road 2.0229 X 5,600 SF Single-Family Units 0 Townhouse Units 10 Multifamily Units 0 Senior Units 0 Dwelling Units:10 Building Units:10 2.0229 Building Units By-Right (5/ac)10.11 Commercial By TDR (9/ac)18.21 Commercial 10,500 As Drawn 14.67 Building Units 4.6667 Block D Building SF / Units Zoning T-4 Open Y 7 units Concept Plan Lots Acres Z 6 units Residential 875 MAYFIELD RD 0.6847 Single-Family Units 6 0 MAYFIELD RD 0.6705 Townhouse Units 7 0 CHARLOTTE DR 0.5216 Multifamily Units 0 Senior Units 0 1.8768 Dwelling Units:13 Building Units:13 Building Units By-Right (5/ac)9.38 Commercial By TDR (9/ac)16.89 Commercial 0 As Drawn 13.00 Building Units 0 Parcels NE of Mid-Broadwell Building SF / Units Zoning T-4 Open AA 3,500 SF Concept Plan Lots Acres BB 6 Units Residential MAYFIELD ROAD 1.0000 Single-Family Units 0 MID BROADWELL ROAD 1.0400 Townhouse Units 6 2.0400 Multifamily Units 0 Senior Units 0 Building Units Dwelling Units:6 By-Right (5/ac)10.20 Commercial By TDR (9/ac)18.36 Commercial 5300 As Drawn 8.36 Building Units 2.3556 **Calculations are based on data provided by the Fulton County Tax Assessor and analyzed using ArcGIS. Data are not guaranteed. The development numbers and parking counts were calculated for each Quadrant. The proposed development fits within the Form-Based Code requirements (the zoning code for Crabapple). The charts to the right demonstrate the unit breakdown for the Northeast and Southeast Quadrants by Block, determined by the zoning designations and parcel boundaries to create logical land assemblages. Commercial uses are retail, office, and mixed-use (office and retail, or commercial with upper story condo units). As drawn, Block B is reaching the maximum density permitted with TDR; however, Block A has room for additional density through TDR. The challenge will be adding enough parking on the site. For example, the live- work units north of the Charlotte Drive extension are placed there instead of larger mixed-use buildings because the parcel’s width north of the Charlotte Drive Extension limits the number of parking spaces and building size. If valet parking becomes an acceptable method, the parking needs may be mitigated without constructing a deck. >> NORTHEAST & SOUTHEAST QUADRANTS FORM-BASED CODE ANALYSIS Live-Work Units (11) - Mixed-Use (Self Parking) Parking (205) Potential Location for a Parking Deck Parking (65) Parking (85) Block A (T5)Block B (T4-Open)Block C (T4-Open) Block D (T4-Open)Birmingham HighwayLive-Work Units (15) - Mixed-Use (Self Parking)Charlotte Drive Extension Ph. 2 (per Regulating Plan)Mayfield R o a d Charlotte Dr ive Mi d B r o a d w e l l R o a d New Street New Street (Shared Street)Alley-loaded Townhomes (12) (Self Parking) Retail (1 Story) Existing Building The Cotton Gin Senior Housing (14) Office (1 Story) Milton’s New Roundabout (under construction) Milton Public Library Roundabout (per Regulating Plan) Alley-loaded Townhomes (6) (Self Parking) Alley-loaded Single-Family Homes (6) (Self Parking) Alley-loaded Townhomes (7) (Self Parking) Charlotte Drive Extension (per Regulating Plan - TSPLOST PRIORITY PROJECT) Mixed-Use Condo & Retail (2 Stories)Retail Commercial House (1 Story) DOWNTOWN MILTON PLACEMAKING PLAN 80DRAFT Alley-loaded Townhomes (7) (Self Parking) Mixed-use: Office & Retail (2 Stories) Retail (1 Story) Retail (1 Story) Alley-loaded Townhomes (9) (Self Parking) Alley-loaded Townhomes (10) (Self Parking) Mixed-use: Office & Retail (2 Stories) X LEGEND Building Code (see chart to left) P#Parking Lot # (see chart to left) Parcel Block Group Boundary Historic Buildings A B C D E F G (T4-Open) H I J K L M N O P S R Q T V U W X Y ZAA BB P1 P2 P3 P4 Mixed-Use Condo & Retail (2 Stories) 81 DOWNTOWN MILTON PLACEMAKING PLAN DRAFT **Calculations are based on data provided by the Fulton County Tax Assessor and analyzed using ArcGIS. Data are not guaranteed. >> Northeast and Southeast Quadrant Development Code Analysis Continued More density could be achieved in this area, if desired, through additional Senior Housing units or TDR. The parcels to the northeast of Mid-Broadwell Road are also below the by-right permitted building units (shown in the chart to the right). The parking count for the Quadrants is shown in the chart to the middle right. By including on-street parking and recognizing that tenants may establish shared parking agreements (as is historically a precedent in Crabapple), the amount of parking provided exceeds the requirement. However, the excess parking allows for the potential for more restaurants to locate here. The breakdown of commercial space could vary based on the development, but this scenario assumes that anything that says “Mixed-Use (Office & Retail)” has retail on the ground floor and offices on the top floor(s). In reality, the ground floor could also accommodate offices. As noted, townhomes, live/work units, and single- family homes are self-parked. The second- story condo units would require one space per unit in the surface parking lots. The central surface parking lot (P2) is sized to fit a parking deck if needed in the future. >> NORTHEAST & SOUTHEAST QUADRANTS FORM-BASED CODE ANALYSIS Parking Lot / Street Parking # P1 65 P2 205 P3 85 P4 19 Street (Mayfield)21 Street (New Shared Street)81 Street (Charlotte Drive Extension) 43 TOTAL 519 Required Parking 449 **Townhomes, Single Family Homes, and Live/Work Units are Self-Parked and are not included in parking count **CONCEPTUAL parking counts are based on 1 per residential unit, 4/1,000 for commercial 2/1000 SF for office in T5 and T4-Open Block C Building SF / UnitsZoningT-4 Open V 10 units Concept PlanLotsAcresW4,900 SF Residential900 Mayfield Road 2.0229 X 5,600 SF Single-Family Units 0Townhouse Units 10Multifamily Units 0Senior Units 0 Dwelling Units:10 Building Units:102.0229Building UnitsBy-Right (5/ac)10.11 CommercialBy TDR (9/ac)18.21 Commercial 10,500As Drawn 14.67 Building Units 4.6667Block D Building SF / UnitsZoningT-4 Open Y 7 units Concept PlanLotsAcresZ6 units Residential875 MAYFIELD RD 0.6847 Single-Family Units 60 MAYFIELD RD 0.6705 Townhouse Units 70 CHARLOTTE DR 0.5216 Multifamily Units 0Senior Units 0 1.8768 Dwelling Units:13 Building Units:13 Building Units By-Right (5/ac)9.38 Commercial By TDR (9/ac)16.89 Commercial 0 As Drawn 13.00 Building Units 0 Parcels NE of Mid-Broadwell Building SF / Units Zoning T-4 Open AA 3,500 SF Concept Plan Lots Acres BB 6 Units Residential MAYFIELD ROAD 1.0000 Single-Family Units 0 MID BROADWELL ROAD 1.0400 Townhouse Units 6 2.0400 Multifamily Units 0 Senior Units 0 Building Units Dwelling Units:6 By-Right (5/ac)10.20 Commercial By TDR (9/ac)18.36 Commercial 5300 As Drawn 8.36 Building Units 2.3556 >> Northeast and Southeast Quadrant Development Parking Analysis Live-Work Units (11) - Mixed-Use (Self Parking) Parking (205) Potential Location for a Parking Deck Parking (65) Parking (85) Block A (T5)Block B (T4-Open)Block C (T4-Open) Block D (T4-Open)Birmingham HighwayLive-Work Units (15) - Mixed-Use (Self Parking)Charlotte Drive Extension Ph. 2 (per Regulating Plan)Mayfield R o a d Charlotte Dr ive Mi d B r o a d w e l l R o a d New Street New Street (Shared Street)Alley-loaded Townhomes (12) (Self Parking) Retail (1 Story) Existing Building The Cotton Gin Senior Housing (14) Office (1 Story) Milton’s New Roundabout (under construction) Milton Public Library Roundabout (per Regulating Plan) Alley-loaded Townhomes (6) (Self Parking) Alley-loaded Single-Family Homes (6) (Self Parking) Alley-loaded Townhomes (7) (Self Parking) Charlotte Drive Extension (per Regulating Plan - TSPLOST PRIORITY PROJECT) Mixed-Use Condo & Retail (2 Stories)Retail Commercial House (1 Story) DOWNTOWN MILTON PLACEMAKING PLAN 82DRAFT Alley-loaded Townhomes (7) (Self Parking) Mixed-use: Office & Retail (2 Stories) Retail (1 Story) Retail (1 Story) Alley-loaded Townhomes (9) (Self Parking) Alley-loaded Townhomes (10) (Self Parking) Mixed-use: Office & Retail (2 Stories) X LEGEND Building Code (see chart to left) P#Parking Lot # (see chart to left) Parcel Block Group Boundary Historic Buildings A B C D E F G (T4-Open) H I J K L M N O P S R Q T V U W X Y ZAA BB P1 P2 P3 P4 Mixed-Use Condo & Retail (2 Stories) DOWNTOWN MILTON PLACEMAKING PLAN 8483 DOWNTOWN MILTON PLACEMAKING PLAN DRAFT >> CURRENT STREETSCAPE PROJECTS HERITAGE WALK Heritage Walk and the connecting roundabouts are currently under construction. The plan to the right shows the Phase 1 construction. DOWNTOWN MILTON PLACEMAKING PLAN 84DRAFT DOWNTOWN MILTON PLACEMAKING PLAN 8685 DOWNTOWN MILTON PLACEMAKING PLAN DRAFT >> CURRENT STREETSCAPE PROJECTS CHARLOTTE DRIVE EXTENSION The November 2016 TSPLOST vote included the Charlotte Drive extension to Heritage Walk and the roundabout at Charlotte Drive and Mayfield Road (shown in the drawing to the right), which were recommendations in the Regulating Plan. The first phase will be constructed as shown; however, this placemaking plan recommended an improved intersection of Charlotte Drive with another new street going north (also in the Regulating Plan), as shown on page 54. This could be a future ‘T’ intersection or roundabout, depending on future planning and study. DOWNTOWN MILTON PLACEMAKING PLAN 86DRAFT >> CURRENT STREETSCAPE PROJECTS MAYFIELD ROAD The City of Milton was awarded federal funding to construct sidewalks and retaining walls along Mayfield, east from the Crossroads (as shown in the drawing to the left). These will be constructed as shown in the first phase; however, this placemaking plan recommended an expanded right-of-way with streetscape enhancements (page 57). The enhancements for the north side of the street will be put into place as development occurs along the corridor, or if the City of Milton acquires the ROW and funding to construct them. BIRMINGHAM & CRABAPPLE ROAD INTERSECTION The Crossroads intersection of Birmingham Highway and Crabapple Road / Mayfield Road will be realigned to accommodate left-turn lanes on 3 approaches (left). As noted in the Implementation chapter, this is phase 1, but this Placemaking Plan recommends changing this intersection to a roundabout in the future. DOWNTOWN MILTON PLACEMAKING PLAN 8887 DOWNTOWN MILTON PLACEMAKING PLAN DRAFT >> MARKET STUDY: MILTON TODAY The market study shows that there is room for growth over the next 5 years. Ultimately, the Form-Based Code will limit the amount of growth that occurs. The City of Milton is an Atlanta suburb in the desirable North Fulton area, which is also comprised of the cities of: Roswell, Johns Creek, Alpharetta, Sandy Springs, and Mountain Park. This area has attracted families because of low crime, great schools, and the proximity to the Atlanta employment cores. North Fulton as a whole experienced the greatest growth in the 1970s to the 1990s, but the City of Milton saw an increase in growth in the 2000s. The infographics on the following pages show how Milton and the Crabapple area compare to the Atlanta Region (the Region) and the peer cities of Alpharetta and Roswell. Generally, Milton has the following characteristics: • Many families with children compared to the Atlanta Region average; • Adequate retail service within 5 miles of the study area; • Much higher educational attainment levels than the Region and the State; • Much higher median household income than the Region; • Faster growth than surrounding cities. The City of Milton’s population (37,547) has nearly doubled since the City was established. It experiences a 3.4% annual growth (average of around 1,200 people), which is a higher percentage growth than nearby Alpharetta and Roswell. The City of Milton has a much higher median household income than the Atlanta Region (at nearly double), and the median household income of the study area is even higher at nearly $150,000. 75% of the households in the City of Milton earn more than $75,000 per year. The infographic to the right describes the race / ethnicity breakdown of the City of Milton’s population compared to the Atlanta Region’s. The distribution is quite different for Milton and the Region. The educational attainment of residents over the age of 25 in the study area is much higher than the Atlanta Region and the State of Georgia. DOWNTOWN MILTON PLACEMAKING PLAN 88DRAFT FAMILIES WITH CHILDREN The City of Milton has a much higher percentage of families with children (52%) than the Atlanta Region as a whole (34%). Part of this is due to the housing product offered and the high- quality schools. Overall, the schools in the study area are very good, with Northwestern Middle School and Milton High School both ranked as “above average” at 10/10 on GreatSchools.org. COMMUTING & JOBS 95% of Milton residents leave the city for work, but many work nearby (as shown below). There are also many people who work from home. Crabapple residents mostly work north of I-285 perimeter, and the closest high-concentration job centers are Alpharetta and Roswell. The infographic to the left shows the top 5 workplace locations. 40% of residents work in Crabapple, Alpharetta, and Roswell. DOWNTOWN MILTON PLACEMAKING PLAN 9089 DOWNTOWN MILTON PLACEMAKING PLAN DRAFT >> MARKET STUDY: EXISTING DEMAND The market study shows that there is room for growth over the next 5 years. Ultimately, the Form-Based Code will limit the amount of growth that occurs. TRANSPORTATION DEMAND The infographics on these pages show how Milton and the Downtown Milton / Crabapple area could accommodate transportation networks in the future based on current use of the networks and where demand lies. As noted on the previous page, many people commute out of Milton for work each day. While the study area has excellent proximity to Alpharetta and Roswell, it lacks convenient interstate access. To get into Sandy Springs, Buckhead, and Midtown, residents would have to battle an often busy and clogged interstate (see right for travel times). CYCLING DEMAND Most of the cyclists appear to use trails outside of Downtown Milton / Crabapple, particularly in the more rural areas of Milton and other areas in neighboring counties on state routes. Bike lanes on the major streets may serve the needs for cyclists (Data from Strava application). Downtown Milton / Crabapple has a walk score of 54/100 (somewhat walkable), which is lower than neighboring Downtown Alpharetta and Downtown Roswell (very walkable). RUNNING & WALKING DEMAND Downtown Milton / Crabapple has many in-town runners, and many people walk to destinations in this area. Much of the walking activity occurs on neighborhood streets. This presents a demand for walking and running trails, particularly if they connect to retail destinations. DOWNTOWN MILTON PLACEMAKING PLAN 90DRAFT The infographic to the left displays the parking demand and supply around the Crossroads. The study area was divided into quadrants for this analysis. The red indicates higher demand (darker red is higher demand) and the green indicates supply (darker green is higher supply). Supply far exceeds demand in each quadrant. PARKING OPTIONS During peak restaurant hours, there is a negative perception of available parking. Three options exist for addressing the parking challenges: • Central valet stands • Parking structure • Smart device-enabled parking applications Demand: 60 Supply: 279 Demand: 84 Supply: 558 Demand: 0 Supply: 166Demand:99 Supply: 205 The existing commercial occupants could not support subsidizing a parking deck, which would make substantial public subsidies necessary. The most cost- effective and convenient solution may be adding central valet stations (pages 59-60). The infographic to the top right describes the number of spaces available that could be used for a central valet, within a reasonable walking distance of most of the community’s destinations. There are 715 parking spaces within 1/4 mile radius of the Crabapple Road corridor at the Crossroads that are likely to be vacant during peak restaurant hours, excluding the parking associated with the demand centers. The schools and Crabapple Baptist Church have large parking lots that could serve some of the parking demand in the Northeast Quadrant and at the retail area located on Crabapple Road. A central valet station in each quadrant could make use of these parking spaces for patrons of the businesses in Downtown Milton / Crabapple. The Downtown Milton / Crabapple study area has 941 households, and 90% of these are owner-occupied, leaving a small rental market. Few rental units exist because the current Form-Based Code’s height and size limits are not conducive to 50+ unit apartment buildings. It will be necessary to offer rental units or condominiums to attract and accommodate Millennials and Baby Boomers. Within the City of Milton there are nearly 12,500 households, and the vast majority (more than 90%) are made up of families (married couples, families with children, relatives, partners), particularly as compared to the Atlanta Region. “Other families” in this chart represents families with children, relatives, or partners in the household. Very few households in the City are made up of roommates (2%) or singles (5.5%). DOWNTOWN MILTON PLACEMAKING PLAN 9291 DOWNTOWN MILTON PLACEMAKING PLAN DRAFT The market study shows that there is room for growth over the next 5 years. Ultimately, the Form-Based Code will limit the amount of growth that occurs. RESIDENTIAL DEMAND The current growth in the US housing market is dominated by Baby Boomers and Millennials, and will continue to be for the next ten years. However, the study area and City of Milton have a lower percentage of Millennials (7%) than the Atlanta Region. Older families are moving to Crabapple or choosing to age in place. As the Baby Boomers age out of single-family homes, there will be opportunities to attract empty nesters to Crabapple. In Fulton County, more single-family home permits were pulled in the northern part of the County in 2015, and on average, Milton has added 600 households per year since 2000. In 2014, approximately 85% of the housing units were valued at more than $300,000. These infographics show trends in Milton’s housing market and potential housing demand. The city and the study area have market demand for additional housing units, including the following: • For-sale attached condos • For-sale detached homes • For-sale attached townhomes • Rental stacked flats with parking lots DOWNTOWN MILTON PLACEMAKING PLAN 92DRAFT POTENTIAL DEMAND FOR HOUSING OVER 5 YEARS For-sale Attached Townhomes For-sale Detached Homes For-sale Attached Condos These infographics show the average housing demand per year until 2020. The housing demand numbers do not indicate that someone will build that number in a given year, but it is the average over time for the next 5 years. It is important to add housing that reaches Millennials and Baby Boomers because they comprise most of the housing demand. Downtown Milton / Crabapple does not contain any apartment communities, and the closest ones to the area are Avalon and Deerfield in Alpharetta. Demand for apartments exists, and the study area could absorb 300 stacked flat units over the next 5 years. They should be located near destinations and within walkable areas to ensure the land value continues to stay up. **This does not represent what will be built, but what the market could support over a 5-year period. DOWNTOWN MILTON PLACEMAKING PLAN 9493 DOWNTOWN MILTON PLACEMAKING PLAN DRAFT The market study shows that there is room for growth over the next 5 years. Ultimately, the Form-Based Code will limit the amount of growth that occurs. RETAIL & OFFICE DEMAND No new retail developments have occurred since 2009, but some are underway and several are currently planned. Downtown Milton / Crabapple is primarily served by shopping centers in Alpharetta and Roswell, and at the Avalon mixed-use development. Many of these places include big box stores, but the retail in Crabapple is generally small, local shops catering to niche markets. The study area is moderately served by restaurants, particularly at Avalon and near North Point Mall, and Crabapple is home to some local, highly-rated restaurants. Additionally, Crabapple is served by many grocery stores within 5 miles, and a Kroger and Publix within 1.5 miles of the study area. The Downtown Milton / Crabapple retail market has been strong for 3 years with dropping vacancy rates and rents returning to historic rates, which has started to create a destination attracting visitors from other parts of the Atlanta Region. A strong demand exists for many types of dry good retailers that would fit within a traditional Downtown location with small stores. Residents of Downtown Milton / Crabapple have access to significant retail within 1.5 miles of the study area - local businesses are within the study area, and big box stores outside of the area. Within 5 miles of the study area, there are many large grocery stores and big box stores The current office developments (Crabapple Mercantile, Braeburn, Mayfield Station) in the study area will capture the forecasted demand in 2016 and 2017. By 2018, there will be excess demand, and the study area can support up to an additional 46,000 square feet through 2020, which could include a larger tenant. DOWNTOWN MILTON PLACEMAKING PLAN 94DRAFT • 1,200 minimum size for retail tenants • Analysis does not include the 32,000 SF of planned retail at the newest phase of Crabapple Mercantile and the potential planned development across from the library. • Unmet demand beyond the above developments in the study area is 73,606 SF, which could be supported over 5 years, limited by the Form-Based Code. Downtown Milton / Crabapple has an overall demand for 105,606 SF of new retail over the next 5 years, but some new retail spaces are planned or under construction, which would absorb some of this demand (32,000 SF). The graph above shows the industries, and amount, that Downtown Milton / Crabapple could support in relationship to each other. Full service restaurants, special food services, and drinking places make up 50,000 SF of the demand. Building materials and supply could make up 12,300 SF, beer / liquor / wine stores could make up 16,000 SF, specialty food stores could make up 10,300 SF, and health and personal care could support nearly 10,000 SF. • The Form-Based Code will determine how much development can be accommodated in the future. • Parking will become an issue as Crabapple becomes more of a destination. **This does not represent what will be built, but what the market could support over a 5-year period. DRAFT Noell Consulting Group Toole Design Group City of Milton MILTON'IP ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: May 4, 2017 FROM: Steven Krokoff, City Manager (0 AGENDA ITEM: Consideration of a Resolution of the City of Milton, Georgia for A Release and Indemnity Agreement in Connection with Police -Citizen Training Activities. MEETING DATE: Monday, May 15, 2017 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (eAPPROVED () NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: (4-1ES () NO CITY ATTORNEY REVIEW REQUIRED: (�'ES () NO APPROVAL BY CITY ATTORNEY: (J,CPPROVED () NOT APPROVED PLACED ON AGENDA FOR: aSJ/S120/7 2006 Heritage Walk Milton, GA 0000 P: 678.242.25001 F: 678.242.2499 info@cityofmiltonga.us I www.cityofmiltonga.us To: Honorable Mayor and City Council Members From: Rich Austin, Chief of Police Date: Submitted on May 1, 2017 for the May 15, 2017 Regular City Council Meeting Agenda Item: Consideration of A Resolution of the City of Milton, Georgia A Release and Indemnity Agreement In Connection with Police- Citizen Training Activities _____________________________________________________________________________________ Department Recommendation: The Police Department recommends approval of release and Indemnity Agreement Executive Summary: The Police Department continually conducts multiple Public Educational Programs. Some of these programs such as the Citizen’s Police Academy and RAD Women’s Self- Defense contain components where the possibility of injury exists. Therefore it is recommended that the agency have a standard liability waiver that can be used when department personnel conduct this type of training. Funding and Fiscal Impact: None Alternatives: Continue to use current waivers or discontinue programs where the possibility of injury exists Legal Review: Sam P. VanVolkenburgh – Jarrard & Davis (April 2017) Concurrent Review: Steve Krokoff, City Manager Attachment(s): Resolution of the City of Milton, Georgia approving a Release and Indemnity Agreement in connection with Police-Citizen Training Activities. STATE OF GEORGIA RESOLUTION NO. COUNTY OF FULTON A RESOLUTION OF THE CITY OF MILTON, GEORGIA APPROVING A RELEASE AND INDEMNITY AGREEMENT IN CONNECTION WITH POLICE-CITIZEN TRAINING ACTIVITIES WHEREAS, Section 1.12, paragraphs (a) and (b)(7), of the Charter of the City of Milton, Georgia (“City”) generally empowers the City to enter into contracts in furtherance of governmental operation and the provision of authorized services; and WHEREAS, Section 1.12, paragraph (b)(27), of the Charter of the City of Milton, Georgia (“City”) empowers the City to provide police services; and WHEREAS, the City of Milton Police Department has implemented certain outreach programs to provide citizens with training in police practices, and the City desires to limit its liability in connection with offering such training programs to the public; and WHEREAS, the City of Milton Police Department and the City Attorney have prepared a Release and Indemnity Agreement that each citizen participating in a police training program will be required to execute; and WHEREAS, the City Council desires that the Release and Indemnity Agreement constitute a binding contract with each citizen participant, without the need for separate approval of each executed agreement by the City Council; NOW, THEREFORE IT IS HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF MILTON, GEORGIA that: 1. The City hereby approves the form of the Release and Indemnity Agreement attached hereto as Exhibit A, and authorizes the staff of the Police Department to use the same in connection with its citizen training programs. 2. The approval provided herein is intended to satisfy the approval requirements set forth in Section 6.30 of the City Charter and any other approval requirements imposed by law that may be required to render the Release and Indemnity Agreement a binding contract. 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, this ______ day of _______, 2017. _____________________________ Joe Lockwood, Mayor Attest: ______________________________ Sudie Gordon, City Clerk MILTON POLICE CITIZEN TRAINING RELEASE AND INDEMNITY AGREEMENT _______________________________________ Purpose: _______________________________ Print Name _______________________________________ _______________________________________ Address _______________________________________ _______________________________________ City State Zip _________________ __________________ _______________________________________ Telephone Date of Birth WHEREAS, the undersigned has voluntarily elected to participate in a training program, in a controlled environment for educational purposes only, and all potential hazards have been explained and understood; and WHEREAS, the undersigned desires to participate in the training at his/her own risk, recognizing the possible and inherent dangers associated with the training activities; NOW, THEREFORE, in consideration of the City of Milton allowing the undersigned to participate in training and other good and valuable consideration, the undersigned does hereby agree with the City of Milton as follows: 1. The undersigned acknowledges that the training provided, particularly when involving the use of firearms or other police equipment, contains inherent risk of damage to property and personal illness or injury, including loss of hearing, loss of eyesight, permanent disability and death; 2. The undersigned represents that the personal information provided on this form is accurat e and that he/she has the physical and mental capacity to safely participate in the training; 3. To the full extent permitted by law, the undersigned assumes responsibility for, and assumes the risk of, any injury or damage to his/her person or property, known and unknown, which may occur, directly or indirectly, in connection with the training provided; 4. To the full extent permitted by law, the undersigned fully and forever releases, discharges, waives right of subrogation, and agrees not to sue, the City of Milton and the State of Georgia, and their officials, officers, boards, commissions, employees, representatives, consultants, servants, agents and volunteers, from any and all claims, liability, judgments, losses, demands, damages, right of action or causes of action, present or future, whether the same be known anticipated or unanticipated, in connection with the training provided, including during the class, and before or after the class while on City of Milton property or while accompanying any City of Milton Police Department officer; 5. The undersigned shall defend, indemnify and hold harmless the City of Milton and the State of Georgia, and their officials, officers, boards, commissions, employees, representatives, consultants, servants, agents and volunteers, 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, which may arise from or be the result of actual or alleged acts or omissions on the part of the undersigned in connection with the training, including during the class, and before or after the class while on City of Milton property or while accompanying any City of Milton Poli ce Department officer; 6. This Release and Indemnity Agreement will be in full force and effect at all times after the execution hereof, and will bind the undersigned and his/her heirs, successors, assigns, executors/administrators, subrogates, and anyone else that may claim by, through, or on behalf of the undersigned. 7. This Release and Indemnity Agreement will be interpreted to comply with the requirements of public policy, and does not relieve the City of Milton from responsibility for its willful or wanton conduct or (if required by law) its gross negligence. 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 will 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. This Agreement constitutes the complete agreement between the undersigned and the City of Milton and supersedes any other agreements, either oral or in writing, between the parties with respect to the subject matter of this Agreement. I have read, understand, and voluntarily accept the terms of this Release and Indemnity Agreement. The Release and Indemnity Agreement must be completed in its entirety. The original will then be forwarded to the Chief of Police. ________________________________________ Applicant Signature ________________________________________ Applicant Name (Print) ____________________________ Date If applicant is under 18 years of age: ________________________________________ Parent/Guardian Signature ________________________________________ Parent/Guardian Name (Print) ________________________________________ Officer in Charge Signature ________________________________________ Officer in Charge Name (Print) ____________________________ Date ____________________________ Date This Agreement has been approved as to form by the City Attorney. TO: FROM: MILTON" k % ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM City Council DATE: May 4, 2017 Steven Krokoff, City Manager 0 AGENDA ITEM: Consideration of a Resolution of the City of Milton, Georgia for Consent to the Expansion of North Fulton Community Improvement District. MEETING DATE: Monday, May 15, 2017 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (4, -APPROVED (J NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: (KYES () NO CITY ATTORNEY REVIEW REQUIRED: (,J�ES () NO APPROVAL BY CITY ATTORNEY: (44APPROVED (J NOT APPROVED PLACED ON AGENDA FOR: S11-512011 2006 Heritage Walk Milton, GA P: 678.242.25001 F: 678.242.2499 info@cityofmiltonga.us I www.cifyofmiltonga.us 0000 To: Honorable Mayor and City Council Members From: Sarah LaDart, Economic Development Manager Date: Submitted on May 3, 2017 for the May 15, 2017 Regular City Council Meeting Agenda Item: Consideration of a Resolution of the City of Milton, Georgia for Consent to the Expansion of North Fulton Community Improvement District. _____________________________________________________________________________________ Department Recommendation: Approve. Executive Summary: The North Fulton Community Improvement District (NFCID) has played a significant role in infrastructure improvements for North Fulton since 2003. As a member of the NFCID, the City of Milton is required to consent to the expansion of their current boundaries. No parcels of the proposed expansion fall within the Milton city limits. Funding and Fiscal Impact: None. Alternatives: None. Legal Review: Jeff Strickland – Jarrard & Davis – 5/8/2017 Concurrent Review: Steve Krokoff, City Manager Attachment(s): CID Resolution 2017 NFCID Expansion Map 2017 NFCID Expansion Parcels 2017 STATE OF GEORGIA RESOLUTION NO.______ COUNTY OF FULTON MILTON CITY COUNCIL CONSENT TO EXPANSION OF NORTH FULTON COMMUNITY IMPROVEMENT DISTRICT WHEREAS, by Act of the Legislature, 1987 Ga. L. 5460, as amended, the Georgia Legislature enacted the Fulton County Community Improvement Districts Act; and WHEREAS, pursuant to said Act, the North Fulton Community Improvement District (hereinafter “CID”) was created by Resolution of the Fulton County Commission, the City of Alpharetta, and the City of Roswell in 2003; and WHEREAS, a majority of the owners of real property within a proposed expansion area, as attached hereto, which will be subject to taxes, fees, and assessments levied by the District Board, have consented in writing to their inclusion into the CID; and WHEREAS, the owners of real property within the proposed expansion area of the CID which constitutes at least 75% by value of all real property within said expansion area which will be subject to taxes, fees and assessments levied by the District Board, according to the most recent approved Fulton County ad valorem tax digest, have consents in writing to their inclusion into the CID; and WHEREAS, the Milton City Council has determined that the expansion of the CID would promote the revision of governmental services and facilities within said District; and WHEREAS, the Milton City Council has determined that the expansion of the CID would be in the best interest of the citizens of the City of Milton NOW, THEREFORE, be it resolved by the Mayor and Council of the City, and it is hereby resolved by the same, that the City of Milton consents to the expansion of the boundaries of the North Fulton Community Improvement District as attached hereto. Adopted this 15th day of May, 2017. CITY OF MILTON, GEORGIA __________________________________ Mayor (SEAL) Attest: _______________________________ Clerk CLERK’S CERTIFICATE The undersigned Clerk of the City of Milton, Georgia (the “City”) DOES HEREBY CERTIFY that the foregoing pages of typewritten matter constitute a true and correct copy of a resolution adopted by the City, at a meeting which was duly called and assembled on the 21st day of May, 2012, at which meeting a quorum was present and acting throughout, and that the original of said resolution appears in the minute book of the City which is in my custody and control. WITNESS my hand this 21st day of May, 2012. ___________________________________ Clerk Page is too large to OCR. Parcel Number Owner Name Assessed Value CID Value Location Consent 12-3110-0909-059-4 Preston Ridge IV Partners, LLC $9,240,000.00 $27,720.00 Y 11-0140-0049-082-9 Brookside Parkway Partnerse LLC $5,634,480.00 $16,903.44 Y 12-3110-0908-034-8 P&L Big Creek LP $2,956,000.00 $8,868.00 Y 12-3110-0908-034-8 P&L Big creek 3333 LP $1,836,280.00 $5,508.84 Y 22-5280-1185-021-5 NPH Hotels LLC $2,141,600.00 $6,424.80 Y 12-3130-0905-070-1 Two Point Royal LLC $3,728,800.00 $11,186.40 Y 22-5290-1185-034-6 Highwoods Forsyth LTD Prtnshp $10,000,000.00 $30,000.00 Y 21-5500-1176-013-9 Windward Creative, LP $2,292,000.00 $6,876.00 Y 12 -2070-0484-068-8 HIGHWAY NINE LLC $960,000.00 $2,880.00 Y 12 -2070-0484-048-0 HIGHWAY NINE LLC $280,000.00 $840.00 Y 12 -2070-0484-076-1 HIGHWAY NINE LLC $420,000.00 $1,260.00 Y 12 -2070-0484-045-6 HIGHWAY NINE LLC $106,080.00 $318.24 Y 12 207004840712 HIGHWAY NINE LLC $18,720.00 $56.16 Y 12 217005080465 NORTHSIDE AUTOMOTIVE HOLDINGS LLC $2,514,800.00 $7,544.40 Y 12 217005070078 11033 ALPHARETTA HIGHWAY LLC $500,000.00 $1,500.00 Y 12 234005970108 KCL AUTOMOTIVE LLC $840,000.00 $2,520.00 Y 12 311009090719 HOSPITAL AUTH OF FULTON COUNTY $226,000.00 $678.00 N 12 311009100617 HOSPITAL AUTH OF FULTON COUNTY $316,240.00 $948.72 N 22 528011200098 MG ROAD LLC $2,860,000.00 $8,580.00 N 12 259006980541 AMERICAN HONDA MOTOR CO INC $3,780,000.00 $11,340.00 N 12 260006990118 AMERICAN HONDA MOTOR CO INC $2,900,000.00 $8,700.00 N 12 217005200527 STORAGE TRUST PROP L P $1,148,960.00 $3,446.88 N 12 217005070268 ATLANTA REAL ESTATE HOLDINGS L L C $530,560.00 $1,591.68 N 12 216005190480 BB AUTO LAND OF ROSWELL LLC $261,200 $783.60 N 12 225105460081 OSMANBASIC AZUR $353,960 $1,061.88 N 12 225005450653 CORMATRIX CARDIAC LLC $920,000.00 $2,760.00 N 12 271007460613 COBB V REALTY LLC $588,000.00 $1,762.00 N 12 234005970678 UAG ATLANTA IV MOTORS INC $608,320.00 $1,824.96 N Total Values $57,962,000.00 $173,886.00 12 237105920717 KAPLAN JACK & LILLIE $0.00 $0.00 Sun Valley 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WestSide NA NA 12 285008000418 GEORGIA POWER COMPANY TAX DEPT BIN 10120 $0.00 $0.00 WestSide NA NA 12 285008000434 GEORGIA POWER COMPANY TAX DEPT BIN 10120 $0.00 $0.00 WestSide NA NA 12 285008000160 GEORGIA POWER COMPANY TAX DEPT BIN 10120 $0.00 $0.00 WestSide NA NA 12 285108050743 NLB NORTHWINDS LLC $0.00 $0.00 WestSide NA NA 12 285108050040 LI HELEN T $0.00 $0.00 WestSide NA NA 12 285108050057 KALIFEH ANDY & SUSAN $0.00 $0.00 WestSide NA NA 12 285108000573 ST JAMES UNITED METHODIST CHURCH INC $0.00 $0.00 WestSide NA NA 12 285008000194 ANDERSON DOROTHY MAE $0.00 $0.00 WestSide NA NA 12 247006430278 BELLSOUTH TELECOMMUNICATION INC $0.00 $0.00 Hembree NA 12 217005060491 ALDERWOODS GEORGIA INC $0.00 $0.00 Hwy 9 NA 12 284208010111 FULTON COUNTY BOARD OF EDUCATION $0.00 $0.00 WestSide NA Total Revenue-Generating Properties Consenting Owners / Total Owners Owner Percentage (Need at least 51%)Percentage of Assessed Value Consenting (Need at least 75%)Total Assessed Value Total CID Value 19 12 Consenting Owners / 23 Total Owners 52.17%75.00%$57,962,000.00 $173,886.00 5 Year Total $869,430.00 OVERVIEW OF ADDED PARCELS TO: FROM: AGENDA ITEM: MEETING DATE: M 1, LTO N'lt ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM City Council DATE: May 4, 2017 Steven Krokoff, City Manager a Consideration of a Resolution Appointing Members to the City of Milton Greenspace Advisory Committee. Monday, May 15, 2017 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (,,APPROVED (J NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: (YES () NO CITY ATTORNEY REVIEW REQUIRED: (-)"'YES () NO APPROVAL BY CITY ATTORNEY., ( KAAPPROVED (J NOT APPROVED PLACED ON AGENDA FOR: o s7iS/Zorn 2006 Heritage Walk Milton, GA P: 678.242.25001 F: 678.242.2499 info@cityofmiltonga.us I www.cityofmiltonga.us E-41 STATE OF GEORGIA COUNTY OF FULTON RESOLUTION NO. A RESOLUTION APPOINTING MEMBERS TO THE CITY OF MILTON GREENSPACE ADVISORY COMMITTEE WHEREAS, the City Council has previously established the Milton Greenspace Advisory Committee (“MGAC”); WHEREAS, it was anticipated that the City Council, by subsequent enactment, would establish the number and identifies of those to serve on the MGAC; WHEREAS, it was further established that the initial term for MGAC members would be randomly assigned by City staff with one-half of the members having four (4) year terms and the remaining members having three (3) year terms; WHEREAS, City staff has randomly assigned said terms as indicated in Sections 1 through 7 below; WHEREAS, it was further established that those appointed to the MGAC would be public officials of the City of Milton; WHEREAS the City Council is now prepared to appoint those public officials to serve on the MGAC. THEREFORE, BE IT RESOLVED by the City Council of the City of Milton, Georgia while in regular session on May 15, 2017 at 6:00 p.m. that the following seven (7) individuals are hereby appointed to serve on the MGAC: SECTION 1. That Robert Brannon is hereby appointed for a term commencing May 15, 2017 and ending on May 14, 2021 and, SECTION 2. That Robin Fricton is hereby appointed for a term commencing May 15, 2017 and ending on May 14, 2020 and, SECTION 3. That Robin Gray is hereby appointed for a term commencing May 15, 2017 and ending on May 14, 2021 and, SECTION 4. That Curtis Mills is hereby appointed for a term commencing May 15, 2017 and ending on May 14, 2021 and, SECTION 5. That Marc Walley is hereby appointed for a term commencing May 15, 2017 and ending on May 14, 2021 and, SECTION 6. That Steve Wheel er is hereby appointed for a term commencing May 15, 2017 and ending on May 14, 2020 and, SECTION 7. That Colt Whittall is hereby appointed for a term commencing May 15, 2017 and ending on May 14, 2020 and, SECTION 8. That this Resolution shall become effective upon its adoption. RESOLVED this 15th day of May 2017. Approved: _________________________ Joe Lockwood, Mayor Attest: ____________________________ Sudie AM Gordon, City Clerk TO: FROM: AGENDA ITEM: MEETING DATE: MILTON'11N ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM City Council DATE: May 4, 2017 Steven Krokoff, City Manager (- Consideration of A Resolution Appointing a Member to the City of Milton Board of Zoning Appeals for District 3/Post 2. Monday, May 15, 2017 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (.-APPROVED (J NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: () YES (ANO CITY ATTORNEY REVIEW REQUIRED: () YES (..�r-NO APPROVAL BY CITY ATTORNEY: () APPROVED (J NOT APPROVED PLACED ON AGENDA FOR: OS711-/2a'7 2006 Heritage Walk Milton, GA P: 678.242.25001 F: 678.242.2499 0000 info@cityofmiltonga.us I www.cityofmiltonga.us STATE OF GEORGIA COUNTY OF FULTON RESOLUTION NO. A RESOLUTION APPOINTING A MEMBER TO THE CITY OF MILTON BOARD OF ZONING APPEALS FOR DISTRICT 3/POST 2 BE IT RESOLVED by the City Council of the City of Milton, GA while in regular session on May 15, 2017 at 6:00 pm. as follows: SECTION 1. That ____________ (District 3/Post 2) is hereby appointed for a term commencing May 15, 2017 and ending on December 31, 2017 and, SECTION 3. That this Resolution shall become effective upon its adoption. RESOLVED this 15th day of May 2017. Approved: ____________________________ Joe Lockwood, Mayor Attest: ___________________________ Sudie AM Gordon, City Clerk 0 TO: FROM: M- I I -To Nl� ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM City Council DATE: May 9, 2017 Steven Krokoff, City Manager <�9) AGENDA ITEM: Consideration of a Resolution Adopting the City of Milton Parks and Recreation Department Revised Facility and Fields Use Policy. MEETING DATE: Monday, May 15, 2017 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (4--A"PPROVED (J NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: (<ES () NO CITY ATTORNEY REVIEW REQUIRED: (4-'�ES () NO APPROVAL BY CITY ATTORNEY: („KAPPROVED (J NOT APPROVED PLACED ON AGENDA FOR: a,SJ1S/2o11 2006 Heritage Walk Milton, GA P: 678.242.2500 1 F: 678.242.2499 info@cityofmiltonga.us I www.cityofmiltonga.us 0000 To: Honorable Mayor and City Council Members From: Jim Cregge, Director of Parks and Recreation Date: Submitted on 05/09/2017 for the 05/15/2017 Regular Council Meeting Agenda Item: Consideration of a Resolution Adopting the City of Milton Parks and Recreation Department Revised Facility and Fields Use Policy ____________________________________________________________________________ Department Recommendation: Staff is recommending the approval of a Resolution Adopting the City of Milton Parks and Recreation Department Facility and Fields Use Policy 2017 Executive Summary: This revision of the Facility and Field Use Policy revises several aspects of the existing policy. There are changes to the facilities that are available for rental by the general public and there are changes to the rules for field and facility rental. Following an in depth analysis by a committee of City Staff and the Parks and Recreation Advisory Board, the list of City owned facilities that can be rented by the public has changed. Added to the list is Community Place, the new meeting room adjacent to City Hall, and the Deerfield Avenue Court Room. Removed from the list is the Conference Room at Bell Memorial Park. The Conference Room was removed as it is generally unavailable due to the heavy usage by our program partners. This revision also includes two rule changes regarding rental of fields and facilities by other parties. Removed from the policy is the provision that permits rental to a person or entity that offers a program that directly competes with programming already available in the City. Previously, a party could rent a field or facility up to three times in a calendar year. In November of last year, City Staff did a random survey of facility rental policies and discovered that only one agency would consider renting a field or facility to a competing program. Given that, this revised policy includes language that would permit the Parks and Recreation Director, or his/her designee, to allow a competing program to rent a field or facility in special circumstances. Also included is a provision which would permit the Parks and Recreation Director, or his/her designee, to waive any fees for businesses or non-profit organizations that are performing work that is directly beneficial to the City of Milton. Funding and Fiscal Impact: The resolution itself does not have a fiscal impact. The adoption of this revised Facilities and Field Use Policy increases the number of facilities that are available for rental and is projected to modestly increase the rental revenue to the City. Alternatives: If this policy is not adopted, our alternative is to communicate the council’s input and return to the PRAB to revise the policy. Legal Review: Jeff Strickland – Jarrard & Davis, May 3, 2017. Concurrent Review: Steven Krokoff, City Manager Attachment(s): 1) Resolution Adopting the City of Milton Parks and Recreation Department Revised Facility and Fields Use Policy 2) MPRD Revised Facility Field Use Policy May 2017– Proposed Version City of Milton Parks and Recreation Department: Facility and Fields Use Policy Version 4.2 – May 15, 2017 The City of Milton Parks and Recreation Department (hereinafter referred to as “MPRD”) has a variety of facilities and fields located within the City of Milton, Georgia (“City”) that are available to rent when not in use for City-sponsored programs or City partner programs. MPRD’s mission is to serve the residents of the City, and therefore City residents enjoy the first opportunity to rent available space after other programming needs are met. MPRD hereby establishes these universal policies and procedures (the “Policy”) pertaining to the rental of such fields and facilities for distribution to City employees and the general public as appropriate to ensure consistency in MPRD operations. It should be noted that each rental facility and field is unique and has specific guidelines that renters must adhere to in addition to those listed in this Policy. Rental fees will vary for each specific facility/field. Facilities include, but may not be limited to, picnic pavilions, meeting rooms, gymnasiums and tennis courts identified by MPRD. Fields include, but may not be limited to, baseball/softball fields and multi-purpose rectangular athletic fields identified by MPRD. MPRD facilities and fields are intended to be used by residents of the City, and City residents shall be given first priority to rent after City-sponsored programs or City partner programs. MPRD reserves the right to request participation information (including participant names and addresses) from any individual or group requesting to rent fields or facilities. Factors that may be considered by MPRD in considering a request to rent include the number of City residents involved in the rental activity. Rentals will be subject to the following restrictions: 1. Facilities will not be available when an event sponsored by the City or an activity approved by the City is being conducted. 2. With the exception of the Bethwell Community Center, indoor rentals will not be allowed on City recognized holidays. 3. All rentals, except outdoor athletic facilities, will end no later than 11:00pm. Outdoor athletic facility rentals must end at 10:00pm. 4. Reservations of indoor facilities during regular hours of operation are not allowed. 5. Reservations of indoor and outdoor facilities may be made no earlier than six (6) months prior to and no later than three (3) business days prior to the requested event date. MPRD reserves the right to amend this Policy, including the fee schedule, Rental Requests provisions, Universal Guidelines, and Fields/Facilities below, as deemed appropriate with thirty (30) days prior written notice of amendment by posting on the City’s website. Per the terms of the Memorandum of Understanding with the City of Alpharetta (“Alpharetta”) effective December 1, 2012, Alpharetta residents shall be allowed to rent City facilities and fields, provided space is available, and shall pay the same fees as City residents. For the purposes of this City of Milton Parks and Recreation Department: Facility and Fields Use Policy Version 4.2 – May 15, 2017 Policy, the word “Resident” shall include residents of the Cities of Alpharetta and Milton unless noted otherwise. City of Milton Parks and Recreation Department: Facility and Fields Use Policy Version 4.2 – May 15, 2017 Rental Requests All applicants shall complete a Field License Agreement or a Facility License Agreement (“Agreement”), copies of which are included with this Policy. Requests to rent a facility/field shall be treated as follows: 1. Athletic teams representing a sport (or a certain level of sport) that is not offered by the MPRD may rent a field based on availability if the field has not been closed for repair or maintenance. 2. Social activities/events may be scheduled on any field as long as the field is available and there would be sufficient time after the rental to prepare/maintain the field for its next scheduled use. 3. In the event a rental request is made that does not fall under item 1 or 2 above, the MPRD Director (“Director”) shall determine if the rental request will be allowed. 4. A request related to a program or athletic sport currently offered by MPRD, or its partners, is not permitted, except in special circumstances which requires the prior written permission of the Director of Parks and Recreation or his/her designee. All requests must be made via a completed Field License Agreement or Facility License Agreement no more than six (6) months prior to the requested date. Simultaneous requests for facilities and field usage are prioritized as follows: 1) Elected Officials and City Staff for official purposes 2) City Boards 3) City Program Partners and Non-Profit Organizations 4) City of Milton Residents 5) Open Rental to any non-residents In the event of competing dates/times for the same facility or field from the same priority applicant, a drawing will be held to approve the rental. The approved renter will be notified via the contact email on the completed Agreement. Other Departments of the City will be allowed to reserve MPRD facilities during regular business hours for employee functions at no cost, depending on availability. Requests for Department usage outside of regular business hours will be handled on a case by case basis by the Director. Any individual or group which makes a rental request more than two (2) times in a calendar quarter will require the approval of the Department Director or his/her designee. Separate individuals affiliated with the same group will not be allowed to individually apply in an effort to circumvent these two (2) requests in a calendar quarter restriction. City of Milton Parks and Recreation Department: Facility and Fields Use Policy Version 4.2 – May 15, 2017 Any business (including non-profit organizations) which rents a city field or facility must provide a valid business license number. Fees and Deposits will be set forth in the Fee Schedule below. The Director shall have the discretion to waive any facility or field use rental fee and/or security deposit for businesses or non-profit organizations that are performing work which is directly beneficial to the City of Milton. City of Milton Parks and Recreation Department: Facility and Fields Use Policy Version 4.2 – May 15, 2017 Fee Schedule Rentals contracted with non-Milton and non-Alpharetta residents will be charged an out of city fee of an additional 50% of the fees set forth below. Time requested for rental should include set-up and clean-up. A. Meeting Rooms a. Bethwell Community Center – $50/hour, Two hour minimum i. Refundable Security deposit - $50 b. (Bell Memorial Park Meeting Room no longer available for public rental) c. Deerfield Court Room - $50/hour, Two hour minimum i. Refundable Security deposit - $100 d. Community Place $50/hour, Two hour minimum i. Refundable Security deposit - $200 B. Gymnasiums – Not available for rental per FCBoE agreement. C. Picnic Pavilion - $10/hour, two hour minimum. D. Tennis Courts – Not available for rental per FCBoE agreement E. Athletic Field (Diamond) - Fields at Bell Memorial Park, Hopewell Middle School and Northwestern Middle School are available for rental a. Without lights, $25/hour, $175/day, two hour minimum. i. Refundable Security deposit - $100 b. With lights. $37.50/hour, $225/day two hour minimum. i. Refundable Security deposit - $100 c. Include drag and line field – $75/field/usage d. Special event - $500/day/field F. Athletic Field (Rectangular) –Artificial turf fields at Bell Memorial Park are available for rental a. Without lights - $75/hour, two hour minimum. i. Refundable Security deposit - $100 b. With lights - $100/hour, two hour minimum. i. Refundable Security deposit - $100 c. Other fees might be necessary and determined on a case by case basis City of Milton Parks and Recreation Department: Facility and Fields Use Policy Version 4.2 – May 15, 2017 Natural turf fields at Birmingham Falls Elementary School, Cogburn Woods Elementary School, Crabapple Crossing Elementary School, Hopewell Middle School Northwestern Middle School, are available for rental a) No lights are available -$25/hour, $175/day, two hour minimum. b) Refundable Security deposit - $100 G. Broadwell Pavilion a. With lights - $50/hour, two hour minimum. i. Refundable Security deposit - $350 ii. Personal Gas Grill usage refundable deposit - $100 H. Other fees might be necessary and determined on a case by case basis Full refunds will be granted if a rental is cancelled by MPRD. Refunds will be granted if requested by the renter at least ten (10) business days prior to the rental. A $15.00 administrative fee will be deducted from all approved refunds. Events that are rained out will be offered a full refund or the opportunity to reschedule to another date. If any costs have been incurred by the city prior to the rain out (such as field preparation) those fees will still be billable. Refunds will not be granted if a rental group does not show up for their reserved time without advance notice (at least 10 business days). Security deposits will be refunded provided that all trash is stored in receptacles, the facility is clean and there is no damage to any portion of the facility. City of Milton Parks and Recreation Department: Facility and Fields Use Policy Version 4.2 – May 15, 2017 Universal Guidelines 1. No one under the age of 21 years shall be permitted to enter into an Agreement with MPRD. 2. Renter (person whose name is on the Agreement) must be present during the entire scheduled event. Failure to do so may result in immediate forfeiture of any applicable fees and deposits, and renter may not be allowed to use any City facility in the future for a period up to, but not exceeding, two years. 3. Renter is responsible for ensuring that any guest asked to leave the premises by any MPRD employee due to misconduct and/or violation of MPRD rules leaves the MPRD property immediately and without incident. 4. MPRD reserves the right to cancel, postpone or reschedule any rental. The renter will be given a choice of a refund or to have an alternative date scheduled. 5. For the safety of all, if MPRD is closed due to inclement weather, all facility reservations will be cancelled. The renter will be entitled to a full refund or may reschedule at another time as agreed upon in writing by MPRD and renter. 6. Requested times of use shall include set-up and clean-up times. 7. Per City ordinance, the use of tobacco and all tobacco products is strictly prohibited in City parks, fields and facilities. 8. Per City ordinance, the use of alcohol in City parks, fields and facilities requires a special permit. 9. Except for guide animals, pets are not allowed in or on facilities or fields. Pets are otherwise allowed in the parks if kept on a leash. 10. The renter shall not have the right to assign a rental agreement or any rights hereunder or to sublet MPRD facilities or fields. 11. Renter must provide at least one (1) adult chaperone for every fifteen (15) youth (i.e. individuals under the age of 18 years) in attendance. 12. Renter shall use only the facilities or fields that have been formally rented as identified in the Agreement. Rental activities shall not hinder or obstruct the activities of the occupants of the facility, or the accompanying or adjacent park areas. 13. MPRD has the right to immediately cancel any rental on site if the actions of the group put the group, any member of the group, any City employee, the general public, and/or the facility or field at risk or in danger. 14. Renter is responsible for discouraging participants at the event from the use of offensive language. MPRD has the right to order the removal from the premises any guest(s) who engages in physical abuse or threat of physical abuse toward another guest, a City employee or the general public. 15. Upon request, Renter must provide a Certificate of Insurance ($1,000,000 minimum). The City of Milton should be listed as an additional insured. 16. MPRD reserves the right to rent different areas of the same facility or field to different groups at the same time. City of Milton Parks and Recreation Department: Facility and Fields Use Policy Version 4.2 – May 15, 2017 17. MPRD does not guarantee the use of equipment, tables, chairs, etc. No tables, chairs or other City personal property may be removed from a facility or field. 18. Portable grills of any kind are only permitted in support of concession stand operations at Bell Memorial Park. At the Broadwell Pavilion, a personal portable gas grill may be brought on site and used provided an additional security deposit has been paid and the grill is used only in the designated location. 19. Athletic field participants are prohibited from gaining access to any field by climbing over a fence. 20. Only stakes or posts that can be pushed by hand into the ground may be used on any baseball/softball field. No stakes or posts of any kind may be pushed into the surface of the artificial turf fields. 21. Renters are NOT allowed to use any paint or other similar materials on athletic fields. 22. All trash and garbage must be placed in the proper receptacles provided by the City. City of Milton Parks and Recreation Department: Facility and Fields Use Policy Version 4.2 – May 15, 2017 Facilities/Fields Bell Memorial Park Rectangular fields - Field 1 and Field 2: 360’ x 160’ Diamond fields – Field 3 – 290’, Field 4 – 190’, Field 5 – 200’, Field 6 – 200’ 1 Playground Pavilion north of fields 1 & 2 4 Picnic Tables 2 Standard Tables 2 Americans with Disabilities Act compliant Table (“ADA Table”) Pavilion in front of Concession Stand 2 Picnic Tables 2 ADA Tables Multiple standard tables in close proximity Bethwell Community Center 1 Indoor facility approximately 1300 square feet, capacity for 55 people 1 Outdoor Grill 2 Picnic Tables 1 Playground Birmingham Falls Elementary – IGA Facility, 1 Multi-Purpose Rectangular Field approximately 2.5 acres Broadwell Pavilion 1 Open Air Facility 1 Platform for a Portable Grill (grill not provided) 6 Picnic Tables 1 Playground Cogburn Woods Elementary _IGA Facility 1 Multi-Purpose Rectangular Field approximately 1 acre Community Place 1 Indoor facility approximately 400 square feet, capacity for 25 people 1 screen and projector Deerfield Court Room 1 Indoor facility, approximately 1350 square feet, capacity for 156 people 2 screens and 2 projectors City of Milton Parks and Recreation Department: Facility and Fields Use Policy Version 4.2 – May 15, 2017 Friendship Community Park – IGA Facility, 1 Multi-Purpose Rectangular Field approximately ½ acre 1 Half-Court Basketball Court with 1 Basketball Goal Circular Pavilion – 24 feet x 24 feet 3 Picnic Tables 2 Standard Tables 1 ADA Table Hopewell Middle – IGA Facility, 1 Multi-Purpose Rectangular Field approximately 1.5 acres 1 Diamond shaped field – 190 feet Northwestern Middle – IGA Facility, 1 Multi-Purpose Rectangular Field approximately 2 acres 1 Diamond Shaped Field – 190 feet STATE OF GEORGIA COUNTY OF FULTON RESOLUTION NO. A RESOLUTION ADOPTING THE CITY OF MILTON PARKS AND RECREATION DEPARTMENT REVISED FACILITY AND FIELDS USE POLICY WHEREAS, the City of Milton continues to expand and grow the Facilities and Fields in the Parks and Recreation Department; and WHEREAS, the City of Milton Parks and Recreation Department continues to expand the number and variety of recreation programs; and WHEREAS, the number of requests to use and/or rent the city’s Facilities and Fields increased in 2017; and WHEREAS, the Parks and Recreation Advisory Board (PRAB) worked closely with the City Staff, the City Attorney and surrounding Parks and Recreation Agencies to create a City of Milton Facility and Field Use Policy; and WHEREAS, the public interest will be served by the adoption of this revised Facility and Field Use Policy. NOW THEREFORE BE IT SO RESOLVED, that the Mayor and Council of the City of Milton hereby approve the Department of Parks and Recreation Facility and Fields Use Policy. BE IT SO RESOLVED AND ORDAINED, this 15th day of May, 2017, by the Council of the City of Milton, Georgia. CITY OF MILTON, GEORGIA By: ________________________ Joe Lockwood, Mayor Attest: _____________________________ Sudie AM Gordon, City Clerk