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Agenda Packet CC - 07/24/2017 - 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, July 24, 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. 17-180) 4) PUBLIC COMMENT MILTON CITY COUNCIL REGULAR COUNCIL MEETING JULY 24, 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 July 10, 2017 Regular City Council Meeting Minutes. (Agenda Item No. 17-181) (Sudie Gordon, City Clerk) 2. Approval of the Financial Statements and Investment Report for the Period Ending June 2017. (Agenda Item No. 17-182) (Bernadette Harvill, Finance Director) 3. Approval of Agreements for Secure Document Destruction between the City of Milton and EcoShredding for Services at Heritage Walk and Deerfield Parkway. (Agenda Item No. 17-183) (Bernadette Harvill, Finance Director) 4. Approval of a Change Order to an Existing Pest Control Services Agreement between the City of Milton and All Exterminating. (Agenda Item No. 17-184) (Dennis Miller, Facilities Manager) 5. Approval of a Professional Services Agreement between the City of Milton and Pond & Company for TSPLOST Batch 1 Design Services. (Agenda Item No. 17-185) (Carter Lucas, Assistant City Manager) 6. Approval of a Task Order to Provide TSPLOST Program Management. (Agenda Item No. 17-186) (Carter Lucas, Assistant City Manager) 7. Approval of a Task Order to Provide Advanced Right of Way Appraisals. (Agenda Item No. 17-187) (Carter Lucas, Assistant City Manager) 8. Approval of Subdivision Plats and Revisions Approval. Name of Development / Location Action Comments / # lots Total Acres Density 1. 13360 Freemanville LL 956 & 989 Freemanville Road Minor Plat 2 Lots 4.5 2.25 Lots / acre (Agenda Item No. 17-188) (Melissa Branen, Zoning Technician) MILTON CITY COUNCIL REGULAR COUNCIL MEETING JULY 24, 2017 Page 3 of 5 Persons needing special accommodations in order to participate in any City meeting should call 678-242-2500. 6) REPORTS AND PRESENTATIONS 1. Proclamation Recognizing Jasmine Stewart as Masterchef Junior Challenge Winner. (Presented by Councilmember Karen Thurman) 2. Proclamation Recognizing Chris and Zach Giannini Appreciation Day. (Presented by Mayor Joe Lockwood) 7) FIRST PRESENTATION (None) 8) PUBLIC HEARINGS 1. Consideration of A Resolution of the City of Milton, Georgia Regarding Possible Extension to Existing Moratorium Barring Until July 25, 2017, the Acceptance of Applications for Concept Plan Approval and Applications for Issuance of Land Disturbance Permits for Property Located within the Crabapple Form Based Code District That is Adjacent to the Boundaries of the Crabapple Form Based Code District. (Agenda Item No. 17-189) (Ken Jarrard, City Attorney) ALCOHOL BEVERAGE LICENSE APPLICATIONS PUBLIC HEARING 2. Consideration of the Issuance of an Alcohol Beverage License to PLP Restaurant #6, LLC, DBA Peace Love and Pizza, 12640 Crabapple Road, Suite 100, Milton, Georgia 30004. (Agenda Item No. 17-190) (Bernadette Harvill, Finance Director) 3. Consideration of the Issuance of an Alcohol Beverage License to Milton Pie LLC, DBA Your Pie, 2955 Bethany Bend, Suite 400, Milton, Georgia 30004. (Agenda Item No. 17-191) (Bernadette Harvill, Finance Director) 4. Consideration of the Issuance of an Alcohol Beverage License to Barnyard Spirits LLC, DBA Barnyard Spirits, 15840 Birmingham Highway, Suite B, Milton, Georgia 30004. (Agenda Item No. 17-192) (Bernadette Harvill, Finance Director) MILTON CITY COUNCIL REGULAR COUNCIL MEETING JULY 24, 2017 Page 4 of 5 Persons needing special accommodations in order to participate in any City meeting should call 678-242-2500. 5. Consideration of the Issuance of a Limited Alcohol Beverage License to AR Workshop North Georgia LLC, DBA AR Workshop Milton, 12640 Crabapple Road, Suite 240, Milton, Georgia 30004, for Bring Your Own Beverage (BYOB) and Incidentals. (Agenda Item No. 17-193) (Bernadette Harvill, Finance Director) 9) ZONING AGENDA (None) 10) UNFINISHED BUSINESS 1. Consideration of T17-01 – 1 and 3 Verizon Place by Verizon Wireless c/o Troutman Sanders LLP for a proposed rooftop antenna and a request for; 1) Waiver from Section 54-6(b) to allow roof top antennas to be located less than 3,500 feet from an existing telecommunications facility; and 2) Waiver from Section 54-6(h) to allow the rooftop antennas and associated structures to project 13 feet rather than the maximum ten feet above the roofline. (Agenda Item No. 17-169) (First Presentation at July 10, 2017 Regular City Council Meeting) (Kathleen Field, Community Development Director) 2. Consideration of an Ordinance to Amend Chapter 2, Article VI, Division 11, to Revise the City’s Procurement Policy with Respect to the Definition of Professional Services; the Competitive Procurement Requirements for Such Services; and for Other Lawful Purposes. Policies, Section 2-621 – Scope. (Agenda Item No. 17-171) (First Presentation at July 10, 2017 Regular City Council Meeting) (Stacey Inglis, Assistant City Manager) 11) NEW BUSINESS 1. Consideration of Subdivision Plat Approval. Name of Development / Location Action Comments / # lots Total Acres Density 1. Milton Crossing LL 263 & 314 Freemanville Road Final Plat 29 Lots 40.81 1.4 Lots / acre (Agenda Item No. 17-194) (Melissa Brannen, Zoning Technician) MILTON CITY COUNCIL REGULAR COUNCIL MEETING JULY 24, 2017 Page 5 of 5 Persons needing special accommodations in order to participate in any City meeting should call 678-242-2500. 2. Consideration of a Resolution of the City of Milton, Georgia Regarding Possible Extension to Existing Moratorium Barring Until July 25, 2017, the Acceptance of Applications for Concept Plan Approval and Applications for Issuance of Land Disturbance Permits for Property Located within the Crabapple Form Based Code District That is Adjacent to the Boundaries of the Crabapple Form Based Code District. (Agenda Item No. 17-189) (Public Hearing Held at July 24, 2017 City Council Meeting) (Ken Jarrard, City Attorney) 3. Consideration of a Resolution In Support of Georgia General Assembly House Bill 419 (2017). (Agenda Item No. 17-195) (Ken Jarrard, City Attorney) 12) MAYOR AND COUNCIL REPORTS STAFF REPORTS Department Updates 1. Community Development 2. Parks and Recreation 13) EXECUTIVE SESSION (if needed) 14) ADJOURNMENT (Agenda Item No. 17-196) MILTO�' ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: Jul 7, 2017 FROM: Steven Krokoff, City Manager AGENDA ITEM: Approval of the Financial Statements and Investment Report for the Period Ending June 2017. MEETING DATE: Monday, July 24, 2017 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (,vAPPROVED () NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: () YES (XNO CITY ATTORNEY REVIEW REQUIRED: () YES (ANO APPROVAL BY CITY ATTORNEY: () APPROVED (J NOT APPROVED PLACED ON AGENDA FOR: o-1/2U)zo)'1 2006 Heritage Walk Milton, GA P: 678.242.2500 1 F: 678.242.2499 infoQcityofmiltongo.us I www.cityofmiltonga.us To: Honorable Mayor and City Council Members From: Bernadette Harvill, Finance Director Date: Submitted on July 12, 2017 for the July 24, 2017 Regular Council Meeting Agenda Item: Financial Statements and Investment Report for Period 9 – June 2017 Overview and Financial Highlights: General Fund Revenue collections for the General Fund are .55% over what is anticipated for the ninth period of the fiscal year. Total expenditures to-date are $18,611,206 and are 11.41% 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 $21,324,687, capital expenditures-to-date total $5,711,706. 1 of 13 City of Milton STATEMENT OF REVENUES & EXPENDITURES General Fund For the Period Ending June 2017 Actual Budgeted Variance over/(under)Actual Budgeted Variance over/(under) Property Tax 10,668,000 (17,213) 15,500 (32,713) 471,525 362,350 109,175 Motor Vehicle Tax 542,000 50,492 44,820 5,672 366,092 358,560 7,532 Intangible Tax 250,000 18,428 20,750 (2,322) 144,247 145,833 (1,587) Real Estate Transfer Tax 115,000 6,388 9,545 (3,157) 42,834 67,083 (24,249) Franchise Fees 1,915,900 72,956 - 72,956 1,101,340 1,097,950 3,390 Local Option Sales Tax 8,400,000 702,276 697,200 5,076 5,676,582 5,577,600 98,982 Alcohol Beverage Excise Tax 295,000 29,167 24,485 4,682 198,523 195,880 2,643 Business & Occupation Tax 650,000 3,466 - 3,466 703,546 650,000 53,546 Insurance Premium Tax 2,000,000 - - - - - - Financial Institution Tax 38,150 - - - 38,150 38,150 - Penalties & Interest 33,400 1,351 3,654 (2,303) 27,335 31,754 (4,419) Alcohol Beverage Licenses 140,000 333 - 333 146,127 140,000 6,127 Other Non-Business Permits/Licenses 19,485 1,949 1,350 600 17,427 14,389 3,039 Zoning & Land Disturbance Permits 217,200 1,970 18,093 (16,123) 57,575 162,835 (105,260) Building Permits 480,000 41,389 48,000 (6,611) 286,896 345,600 (58,704) Intergovernmental Revenue - - - - - - - Other Charges for Service 519,700 42,997 37,836 5,161 396,749 418,423 (21,674) Municipal Court Fines 560,000 45,310 57,573 (12,263) 347,629 413,701 (66,072) Interest Earnings 30,420 7,668 2,535 5,133 56,250 22,815 33,435 Contributions & Donations 23,000 - - - 25,557 23,000 2,557 Other Revenue 82,230 4,091 5,324 (1,232) 85,236 66,343 18,893 Other Financing Sources 1,017,126 85,370 86,595 (1,225) 753,199 751,149 2,050 Total Revenues 27,996,611 1,098,387 1,073,259 25,128 10,942,818 10,883,415 59,403 Actual Budgeted Variance over/(under)Actual Budgeted Variance over/(under) Mayor and Council 166,759 14,075 14,602 (527) 103,914 121,218 (17,304) City Clerk 181,077 11,360 14,670 (3,309) 116,768 136,662 (19,894) City Manager 691,336 49,198 52,028 (2,831) 481,838 513,138 (31,300) General Administration 72,818 3,101 3,949 (849) 61,289 60,954 335 Finance 452,793 31,299 32,487 (1,188) 329,670 347,137 (17,467) Legal 290,000 - - - 170,668 193,333 (22,665) Information Technology 948,414 65,417 63,638 1,779 754,646 732,272 22,375 Human Resources 334,445 26,700 28,514 (1,813) 196,123 249,932 (53,809) Risk Management 283,300 - - - 135,345 135,342 3 General Government Buildings 474,354 23,233 30,907 (7,674) 285,462 381,569 (96,106) Communications 205,479 6,087 15,380 (9,292) 113,711 153,556 (39,845) Community Outreach & Engagement 172,443 8,236 9,871 (1,635) 124,935 142,825 (17,889) Municipal Court 298,347 20,546 22,957 (2,411) 197,349 221,012 (23,662) Police 4,392,507 280,512 349,579 (69,066) 2,843,081 3,303,719 (460,638) Fire 6,680,719 435,410 491,803 (56,393) 4,571,748 5,180,115 (608,367) Public Works 2,427,495 133,603 197,428 (63,825) 1,271,980 1,809,769 (537,789) Parks & Recreation 1,432,760 58,487 82,166 (23,679) 888,661 1,146,272 (257,610) Community Development 952,840 65,481 78,992 (13,510) 624,908 715,821 (90,913) Economic Development 179,869 8,092 14,735 (6,643) 140,727 138,963 1,764 Debt Service - Capital Lease Payment 852,512 - - - 726,400 852,512 (126,112) Operating Transfers to Other Funds 5,926,518 484,845 484,845 0 4,471,983 4,471,979 3 Operating Reserve 77,828 - - - - - - Total expenditures 27,494,613 1,725,684 1,988,551 (262,868)18,611,206 21,008,098 (2,396,892) Net Income/(Loss)501,998 (627,297)(7,668,388) Revenues Annual Budget Current Month Year-to-Date Operating Expenditures Annual Budget Current Month Year-to-Date 2 of 13 Original Budgeted Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES Earth Day Vendor Fee 305$ -$ -$ (305)$ Hometown Jubilee Vendor Fee - - - - Interest Revenues - 1 10 10 Crabapple Fest Sponsor 8,000 - 8,000 - 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$ 1$ 8,911$ (2,944)$ EXPENDITURES Current: Special Events 75,065$ 9,023$ 55,258$ 19,807$ Total Expenditures 75,065$ 9,023$ 55,258$ 19,807$ OTHER FINANCING SOURCES (USES) Transfers in from General Fund 10,550$ 879$ 7,912.50$ (2,638)$ Transfers in from Hotel/Motel Tax Fund 47,000 2,941 47,000 - Total other financing sources and uses 57,550$ 3,820$ 54,913$ (2,638)$ Net change in fund balances (5,660)$ 8,566$ Fund balances - beginning 20,961 20,961 Fund balances - ending 15,301$ 29,527$ City of Milton Special Events Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended June 30, 2017 3 of 13 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 - 1,975 18,810 18,810 Interest Revenues/State Funds - 2 16 16 Interest Revenues/Federal Funds - 3 21 21 Realized Gain on Investments/State Funds - - - - Budgeted Fund Balance - - - - Total revenues -$ 1,980$ 20,260$ 20,260$ 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 -$ 19,502$ Fund balances - beginning 114,515 114,515 Fund balances - ending 114,515$ 134,017$ City of Milton Confiscated Assets Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended June 30, 2017 4 of 13 Original Budgeted Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES Wireless 911 Fees 890,000$ 33,560$ 506,361$ (383,639)$ Interest Revenue - - - - Total revenues 890,000$ 33,560$ 506,361$ (383,639)$ EXPENDITURES Current: Public Safety 890,000$ -$ 285,144$ 604,856$ Total Expenditures 890,000$ -$ 285,144$ 604,856$ OTHER FINANCING USES Unallocated -$ -$ -$ -$ Operating Transfer Out to Capital Projects -$ -$ -$ -$ Net change in fund balances -$ 221,217$ Fund balances - beginning 3 3 Fund balances - ending 3$ 221,220$ City of Milton E-911 Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended June 30, 2017 5 of 13 Original Budgeted Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES Taxes Hotel/Motel Taxes 67,000$ 6,467$ 50,526$ (16,474)$ Total revenues 67,000$ 6,467$ 50,526$ (16,474)$ OTHER FINANCING SOURCES/(USES) Transfers out to General Fund 20,000$ 3,526$ 3,526$ (16,474)$ Transfers out to Special Events Fund 47,000 2,941 47,000 - Total other financing sources and uses 67,000$ 6,467$ 50,526$ (16,474)$ Net change in fund balances -$ -$ Fund balances - beginning - - Fund balances - ending -$ -$ City of Milton Hotel/Motel Tax Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended June 30, 2017 6 of 13 Original Budgeted Amounts Amended Budgeted Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES Charges for Service Infrastructure Maintenance Fee 95,000$ 95,000$ 1,100$ 58,820$ (36,180)$ Infrastructure Maint Penalty & Interest - - 127 152 152 Sidewalk Replacement Account - - - - - Crabapple Paving Fee - - - - - Traffic Calming - - - - - Tree Recompense - 17,000 - 17,000 - Landfill Host Fees 140,000 140,000 - 62,120 (77,880) HYA Fees - - - - Interest Revenue - - 28 113 113 Realized Gain or Loss on Investments - - - - - Cell Tower Lease - 77,412 9,628 61,728 (15,684) Insurance Proceeds/Public Safety - - - - - Insurance Proceeds/Parks & Rec - - - - - Insurance Proceeds/Public Works - - - - - Atlanta HIDTA Stipend - 3,000 - 3,750 750 Capital Lease Proceeds - - - - - Total revenues 235,000$ 332,412 10,882$ 203,682$ (128,730)$ EXPENDITURES Capital Outlay City Council 1,006,589$ 1,006,589$ -$ 47,537$ 959,052$ General Admin 13,762 13,762 - - 13,762 General Govt Bldg 5,021,494 5,851,494 - 4,390,862 1,460,632 Finance - - - - - IT 218,600 218,600 - 31,554 187,046 Court (1,700) - - - - Police 1,278,339 481,339 - 382,395 98,944 Fire 1,675,415 1,675,415 - 74,772 1,600,643 Public Works 7,803,020 7,803,020 32,688 314,067 7,488,953 Parks & Recreation 3,662,715 3,662,715 4,225 429,691 3,233,024 Community Development 624,753 611,753 3,045 40,827 570,926 Total Capital Outlay 21,302,987$ 21,324,687$ 39,958$ 5,711,706$ 15,612,981$ Excess of revenues over expenditures (21,067,987)$ (20,992,275) (29,075)$ (5,508,024)$ (15,741,710)$ OTHER FINANCING SOURCES/(USES) Transfers in from General Fund 5,993,380$ 5,915,968$ 483,966$ 4,464,070$ (1,451,898)$ Transfers in from Capital Grant Fund 100,000 100,000 8,333 75,000 (25,000) Transfers in from E-911 Fund - - - - - Impact Fees/Law Enforcement Fund 15,557 15,557 - - (15,557) Impact Fees/Fire 89,145 89,145 - - (89,145) Impact Fees/Road 111,251 111,251 - - (111,251) Impact Fees/Park 668,123 668,123 - - (668,123) Transfer to the General Fund (243,000) (243,000) (20,250) (182,250) (60,750) Unallocated - - - - - Lease Proceeds - - - - - Proceeds of Sale of Assets - - - - Budgeted Fund Balance - - - - - Total other financing sources and uses 6,734,456$ 6,657,044 472,049$ 4,356,820$ (2,421,724)$ Net change in fund balances (14,333,531)$ (14,335,231) (1,151,203)$ Fund balances - beginning 14,897,782 14,897,782 14,897,782 Fund balances - ending 564,251$ 562,551$ 13,746,579$ City of Milton Capital Project Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended June 30, 2017 7 of 13 Original Budgeted Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES Intergovernmental Revenues -$ -$ -$ - Interest Revenues 11 11 11 Bond Proceeds - - - - Total revenues -$ 11$ 11$ 11$ EXPENDITURES Capital Outlay Bond Principal - - - - Bond Interest - - - - Total Capital Outlay -$ -$ -$ -$ Excess of revenues over expenditures -$ 11$ 11$ 11$ OTHER FINANCING SOURCES (USES) Transfers in from General Fund -$ -$ -$ -$ Transfers out to General Fund - - - - Revenue Bond Proceeds - - - - Total other financing sources and uses -$ -$ -$ -$ Net change in fund balances -$ 11$ Fund balances - beginning - - Fund balances - ending -$ 11$ City of Milton Greenspace Bond Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended June 30, 2017 8 of 13 Original Budgeted Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES Transportation Local Option Sales Tax -$ 955,020$ 955,020$ 955,020 Interest Revenues 27 27 27 Total revenues -$ 955,047$ 955,047$ 27$ EXPENDITURES Capital Outlay Public Works - - 600 (600) Total Capital Outlay -$ -$ 600$ (600)$ Excess of revenues over expenditures -$ 955,047$ 954,447$ 954,447$ OTHER FINANCING SOURCES (USES) Transfers in from General Fund -$ -$ -$ -$ Transfers out to General Fund - - - - Total other financing sources and uses -$ -$ -$ -$ Net change in fund balances -$ 954,447$ Fund balances - beginning - - Fund balances - ending -$ 954,447$ City of Milton Transportation Local Option Sales Tax (TSPLOST) Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended June 30, 2017 9 of 13 Original Budgeted Amounts Amended 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$ -$ -$ (500,000)$ GDOT TAP (Big Creek Greenway)50,000 50,000 - 50,000 - CDBG 9,340 9,340 - - (9,340) LMIG Funds 200,000 369,450 - 369,450 0 GDOT HPP Funds 3,736,940 3,736,940 - - (3,736,940) MARTA Grant 71,863 71,863 - 71,861 (2) SR 9 @ Bethany Bend Grant 872 872 - - (872) GDOT-Signage/Landscaping 4,062 4,062 - - (4,062) Trail Connection to Big Creek Greenway - - - - - Interest Revenues - - 22 151 151 Total revenues 4,573,077$ 4,742,527$ 22$ 491,463$ (4,251,064)$ EXPENDITURES Capital Outlay Unallocated -$ Public Safety - Public Works 4,953,009$ 5,122,459$ -$ 119,297$ 5,003,162$ Community Development 4,900 4,900 - - 4,900 Total Capital Outlay 4,957,909$ 5,127,359$ -$ 119,297$ 5,008,062$ Excess of revenues over expenditures (384,832)$ (384,832) 22$ 372,165$ 756,997$ OTHER FINANCING SOURCES (USES) Transfers in from General Fund -$ -$ -$ -$ -$ Transfers in to General Fund - - -$ -$ -$ Transfer Out to Capital Projects Fund (100,000) (100,000) (8,333) (75,000) (25,000) Budgeted Fund Balance - - - - - Total other financing sources and uses (100,000)$ (100,000)$ (8,333)$ (75,000)$ (25,000)$ Net change in fund balances (484,832)$ (484,832)$ 297,165$ Fund balances - beginning 484,997 484,997 484,997 Fund balances - ending 165$ 165$ 782,162$ City of Milton Capital Grant Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended June 30, 2017 10 of 13 Original Budgeted Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES Admin Fund 26,522$ 4,745$ 28,997$ 2,475$ Law Enforcement Fund 15,557 1,992 12,545 (3,012) Fire Fund 89,145 11,415 71,883 (17,262) Road Fund 111,251 14,246 92,812 (18,439) Park Fund 668,123 130,517 789,318 121,195 Interest Revenues/Admin Fund - 1 6 6 Interest Revenues/Law Enforcement Fund - 0 2 2 Interest Revenues/Fire Fund - 2 13 13 Interest Revenues/Road Fund - 2 17 17 Interest Revenues/Park Fund - 23 151 151 Total revenues 910,598$ 162,943$ 995,744$ 85,146$ EXPENDITURES Admin Police Fire Public Works Parks & Recreation Total Capital Outlay -$ -$ -$ -$ Excess of revenues over expenditures 910,598$ 162,943$ 995,744$ 85,146$ 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 -$ 995,744$ Fund balances - beginning - - Fund balances - ending -$ 995,744$ City of Milton Capital Projects Fund - Impact Fees Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended June 30, 2017 11 of 13 Original Budgeted Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES Intergovernmental Revenues -$ -$ -$ -$ Interest Revenues 6 109 109 Contributions & Donations - - - - Total revenues -$ 6$ 109$ 109$ 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)$ 6$ (7,110)$ 40,949$ OTHER FINANCING SOURCES (USES) Transfers in from General Fund -$ -$ -$ -$ Transfers out to General Fund (712,604) (59,384) (534,453) (178,151) Revenue Bond Proceeds - - - - Total other financing sources and uses (712,604)$ (59,384)$ (534,453)$ (178,151)$ Net change in fund balances (760,663)$ (541,563)$ Fund balances - beginning 762,158 762,158 Fund balances - ending 1,495$ 220,595$ City of Milton Capital Projects Fund - Revenue Bond Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended June 30, 2017 12 of 13 Amount Percent Yield Money Market - Quantum Bank 7,209,468 51%0.55% Money Market - EastWest Bank 4,834,066 34%0.69% GA Fund 1 2,143,475 15%0.94% Grand Total Investment Portfolio 14,187,009 100% Interest earned to-date 54,980 Budgeted interest 30,000 Variance over/(under)24,980 Month Ending June 30, 2017 Investment Portfolio City of Milton 13 of 13 M I 1-TN",,` ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: July 17, 2017 FROM: Steven Krokoff, City Manager�� AGENDA ITEM: Approval of Agreements for Secure Document Destruction between the City of Milton and EcoShredding for Services at Heritage Walk and Deerfield Parkway. MEETING DATE: Monday, July 24, 2017 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (✓rAPPROVED (J NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: (,,,)"'YES () NO CITY ATTORNEY REVIEW REQUIRED: k41YES () NO APPROVAL BY CITY ATTORNEY: (APPROVED (J NOT APPROVED PLACED ON AGENDA FOR: o� 12U�Za'� 2006 Heritage Walk Milton, GA P: 678.242.2500 1 F: 678.242.2499 info@cityofmiltonga.us I www.cifyofmiltonga.us To: Honorable Mayor and City Council Members From: Bernadette Harvill, Finance Director Date: Submitted on July 7, 2017 for the July 24, 2017 Regular City Council Meeting Agenda Item: Approval of Agreements for Secure Document Destruction between the City of Milton and EcoShredding for Services at Heritage Walk and Deerfield Parkway. _____________________________________________________________________________________ Project Description: This agreement will allow for the secure destruction of records on- site at 2006 Heritage Walk and 13000 Deerfield Parkway Procurement Summary: Account Number: 100-1500-523850101 Requisition Total: FY17 $ 600.00 FY18 $ 1,630.00 Financial Review: Honor Motes - 7/6/2017 Legal Review: Sam VanVolkenburgh – 6/28/2017 Attachment(s): Agreement for services at 2006 Heritage Walk & Agreement for services at 13000 Deerfield Parkway A 'fill hred1 ing CUSTOMER INFORMATION: This Shredding Agreement is entered into as of this 5th day of July, 2017 by and between EcoShredding ("Company") and City of Milton — City Hall ("Customer"). 1. SERVICES 1.1 Services to be Furnished. Company will provide the services for the secure destruction of records ("Services") described on Exhibit A attached hereto and made a part hereof. Company will furnish a Certificate of Destruction to Customer either in- person, electronically, or with invoice, whichever is preferred by Customer. 1.2 Subcontractors. Company shall be entitled to appoint subcontractors or any other third parties for the performance or fulfillment in whole or in part of Company's obligations under this Agreement without the consent of the Customer, and Company shall be fully responsible and liable for the performance of any such entities. 2. RESPONSIBILITIES 2.1 Compliance with Laws and Regulations. Customer represents and warrants that it is in compliance with all applicable laws, and regulations governing the confidentiality, retention and disposition of information contained in any materials delivered to Company. 2.2 Cooperation and Hazardous Substances. Customer shall fully cooperate with Company with regard to the performance of the Services. Customer shall not deliver to Company any material considered toxic or dangerous or which is regulated under any federal or state law or regulation relating to hazardous materials. In the event of the accidental or negligent custodial transfer of hazardous or regulated waste, including bio -hazard, Customer agrees to arrange to appropriately, safely and legally assume custody of such hazardous materials at their expense. And further to indemnify the Company from any property damage or personal injury resulting from such transfer of material. 2.3 Performance of Services. All Services performed by Company will be completed in a professional manner. 2.4 Negotiable Items. Customer agrees to make Company aware in writing and in advance of any instance in which negotiable instruments, including but not limited to checks, traveler checks, or coupons will be presented for destruction. In absence of such notice, Company incurs no liability related to the restitution for the value of such instruments. 3. FEES AND PAYMENTS All standard charges for Services under this Agreement shall be as specified on Exhibit A. The prices set forth in Exhibit A shall remain in effect for the first twelve (12) months of this Agreement. Thereafter, price adjustments shall be made only upon thirty (30) days' prior written notice. Invoices shall be due and payable within thirty (30) days from receipt of the applicable invoice. Amounts due and not paid within thirty (30) days after Customer's receipt of the invoice shall bear interest at the rate of one and one-half per cent (1.5%) per month. Should Customer fail to make payment within 60 days after receipt of invoice, Company has the right to terminate this Agreement by providing written notice of termination to the Customer. The termination is effective as of the date such termination notice is delivered to Customer. Upon termination, Customer shall return (or permit Company to retrieve) all Company bins and other property kept at Customer's site, and Company shall have no obligation to provide further Services to Customer. 4. TERM If no term is specified in the section titled "Customer Information", then the initial term for the Services shall be month to month. After the initial one (1) year term, except as provided in Section 3, this Agreement shall continue in effect for one year from the Effective Date, with automatic renewal for successive one-year terms, unless written, or email, notice of non -renewal is delivered by either party to the other not less than ninety (90) days prior to the date of expiration of such term. ;l�Ki1i/ �1 i►[H 1I_�l Ec4-Shredding This Agreement shall be governed by and construed in accordance with the laws of the State of Georgia and the United States. 6. LIABILITY AND WARRANTY 6.1 Limitation of Liability. IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGE, WHETHER ARISING IN CONTRACT OR TORT. Company shall not be responsible or liable in any manner whatsoever for the release or loss of any materials deposited in bins or otherwise delivered to it for secure destruction. Company's maximum liability for any and all claims arising with respect to the Services provided under this Agreement shall not exceed the aggregate amounts paid by Customer with respect to the Services provided at the particular Customer location during the six (6) months preceding the event which gives rise to a claim. Customer must present any claim with respect to any Service in writing to Company within a reasonable time and in no case later than three (3) months after the occurrence of the event on which the claim is based. The provisions of this Section shall survive termination of this Agreement. 6.2 Ownership Warranty. Customer warrants that it is the owner, legal custodian or otherwise has the right to deliver for confidential destruction any and all materials Customer provides Company hereunder. Customer shall reimburse Company for any expenses reasonably incurred by Company (including reasonable legal fees) by reason of Company complying with its obligations under this Agreement to destroy such materials in the event of a dispute concerning the destruction of the materials provided by Customer to Company. 6.3 Indemnification. Customer shall indemnify Company and its agents, servants and employees, and hold them harmless from and against all damages, claims, judgments and liabilities resulting from Customers breach of this Agreement. 7. MISCELLANEOUS 7.1 Force Majeure. Each party shall be excused from any delay or failure in performance under this Agreement for any period if and to the extent that such delay or failure is caused by fire, explosion, labor disputes or accidents affecting performance under this Agreement, or war, mobilization, civil commotions, blockade or embargo, or any law, regulation, ordinance or requirement of any government or regulatory agency, or any other act whatsoever similar to those listed herein, or any other circumstance beyond the reasonable control of a party. 7.2 Entire Agreement. This Agreement contains the entire agreement of the parties with respect to the subject matter hereof, and supersede all prior understandings, representations and warranties, written and oral. 7.3 Amendment, Waiver, Survival. This Agreement shall be binding on the parties and their respective successors and assigns. This Agreement may be amended only in writing signed by both parties. Any failure to enforce any provision of this Agreement is not a waiver of that provision or of either party's right to later enforce each and every provision. In the event that any provision of this Agreement or the application thereof, becomes or is declared by a court of competent jurisdiction to be illegal, void or unenforceable, the remainder of this Agreement will continue in full force and effect and the application of such provision will be interpreted so as reasonably to effect the intent of both parties. 7.4 Exclusivity: Customer agrees to retain Company on an exclusive basis at all facilities covered by this Agreement for the term of this contract which include purge and shredding event programs. THIS AGREEMENT INCLUDES ALL EXHIBITS ATTACHED HERETO ALL OF WHICH ARE INCORPORATED INTO THIS AGREEMENT BY REFERENCE. IN WITNESS WHEREOF, each of the parties have caused this Agreement to be executed by its duly authorized representative as of the Effective Date first set forth above. CUSTOMER ACCEPTANCE: ECOSHREDDING: _ / Signature: Signature: Name: Name: V6 G" i Title: Title: Date: Date: -7/S�//7 It -I -ok", C fL It, -1i -tt 7h j. MONTHLY 1St console $40/shred 2nd console $20/shred Exhibit B-1 SPECIAL ADDENDUM ,' 11 THIS ADDENDUM ("Addendum") modifies the EcoShredding, Inc. Customer Agreement (the "Agreement") to which this Addendum is attached, as follows: 1. The terms of this Addendum are added to clarify certain aspects of the Agreement and to enable Customer to comply with its legal obligations. The terms of this Addendum will supersede any contrary or inconsistent provisions in the Agreement. 2. Term. The parties agree that the Agreement, as required by O.C.G.A. § 36-60-13, shall terminate absolutely and without further obligation on the part of Customer on September 30 each calendar year of the Agreement term, and further, that the Agreement shall automatically renew on October 1 of each subsequent calendar year absent Customer's provision of written notice of non -renewal to Company at least five days prior to October 1. Title to any supplies, materials, equipment, or other personal property (to the extent any title is transferred pursuant to the Agreement) shall remain in Company until fully paid for by Customer. 3. Charges. The total amount paid under the Agreement in a given annual term is anticipated to be approximately $2,540.00. The actual amount due will be calculated based on the services ordered by the Customer at the unit prices set forth in the schedule attached to the Agreement. 4. Limitation on Liability. Any limitations on Company's liability set forth in the Agreement will not apply to: physical damages to property, physical injuries to persons, fraudulent, grossly negligent, willful or intentional harm, or harm arising from a violation of law on the part of Company or its agents. 5. Indemnification. Notwithstanding any provision to the contrary in the Agreement, Customer agrees to indemnify Company only to the extent permitted by applicable law. 6. 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, Company agrees that, during performance of the Agreement, Company, 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, Company agrees to comply with all applicable implementing regulations and shall include the provisions of this paragraph in every subcontract for services contemplated under the Agreement. 7. Ethics Code; Conflict of Interest. Company 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. Company certifies that to the best of its knowledge no circumstances exist which will cause a conflict of interest in performing the work described in the Agreement. Company and Client acknowledge that it is prohibited for any person to offer, give, or agree to give any City of Milton employee or official, or for any City of Milton 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. Company and Client further acknowledge that it is prohibited for any payment, gratuity, or offer of employment to be made by or on behalf of a sub -consultant under a contract to the prime consultant or higher tier sub consultant, or any person associated therewith, as an inducement for the award of a subcontract or order. 8. Employment of Unauthorized Aliens Prohibited — E' -Verify Affidavit. Pursuant to O.C.G.A. § 13-10-91, Customer shall not enter into a contract for the physical performance of services unless Company shall provide evidence on Customer -provided forms, attached hereto as Exhibits "B-2" and "B-3" (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 Company's subcontractors have registered with, are authorized to use and use the federal work authorization program commonly known as E -Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13- 10-91, and that they will continue to use the federal work authorization program throughout the contract period. Company hereby verifies that it has, prior to executing the Agreement, executed a notarized affidavit, the form of which is provided in Exhibit "B-21', and submitted such affidavit to Customer or provided Customer with evidence that it is an individual not required to provide such an affidavit because it is licensed and in good standing. Further, Company 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 Company employs or contracts with any subcontractor(s) in connection with the covered contract, Company 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 11B-3'; which subcontractor affidavit shall become part of the Company/subcontractor agreement, or evidence that the subcontractor is not required to provide such an affidavit. If a subcontractor affidavit is obtained, Company agrees to provide a completed copy to Customer within five (5) business days of receipt from any subcontractor. Company and Company'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. Company agrees that the employee -number category designated below is applicable to Company. 500 or more employees. 100 or more employees. IKA Fewer than 100 employees. Company hereby agrees that, in the event Company employs or contracts with any subcontractor(s) in connection with the Agreement and where the subcontractor is required to provide an affidavit pursuant to O.C.G.A. § 13-10-91, Company will secure from the subcontractor(s) such 2 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. EXHIBIT "B-2" STATE OF a2 cam` — COUNTY OF CONTRACTOR AFFIDAVIT AND AGREEMENT By executing this affidavit, the undersigned contractor verifies its compliance with O.C.G.A. § 13-10-91, stating affirmatively that the individual, firm, or corporation which is engaged in the physical performance of services on behalf of the City of Milton, Georgia has registered with, is authorized to use and uses the federal work authorization program commonly known as E -Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91. Furthermore, the undersigned contractor will continue to use the federal work authorization program throughout the contract period and the undersigned contractor will contract for the physical performance of services in satisfaction of such contract only with subcontractors who present an affidavit to the contractor with the information required by O.C.G.A. § 13-10-91(b). Contractor hereby attests that its federal work authorization user identification number and date of authorization are as follows: 2 113Q Federal Work Authorization User Identification Number -)bb: ! Date of Authorization Eco Shredding, Inc. Name of Contractor Shredding; Services for City of Milton, GA Name of Project City of Milton, Georgia Name of Public Employer I hereby declare under penalty of perjury that the foregoing is true and correct. or Agent (state). Printed Name and Title of Authorized Officer or Agent SUBSCRIBED AID -SWORN BEFORE ME ON THIS THE •� A A F NOTA P �low C p CUSTOMER INFORMATION: Customer Name: CITY OF MILTON — POLICE/COURT Customer Address: 13000 Deerfield Parkway, Milton, GA 30004 Business Contact: honor Motes Phone: 678 242-2507 Fax: Email Honor. MotesncityofMilton.us Agreement Term; I yr Invoice via ❑ Mail or ❑ Email - recipient & email: This Shredding Agreement is entered into as of this 5th day of July, 2017 by and between EcoShredding ("Company") and City of Milton — Police/Court ("Customer"). 1. SERVICES LI Services to be Furnished. Company will provide the services for the secure destruction of records ("Services") described on Exhibit A attached hereto and made a part hereof. Company will furnish a Certificate of Destruction to Customer either in- person, electronically, or with invoice, whichever is preferred by Customer. 1.2 Subcontractors. Company shall be entitled to appoint subcontractors or any other third parties for the performance or fulfillment in whole or in part of Company's obligations under this Agreement without the consent of the Customer, and Company shall be fully responsible and liable for the performance of any such entities. 2. RESPONSIBILITIES 2.1 Compliance with Laws and Regulations. Customer represents and warrants that it is in compliance with all applicable laws, and regulations governing the confidentiality, retention and disposition of information contained in any materials delivered to Company. 2.2 Cooperation and Hazardous Substances. Customer shall fully cooperate with Company with regard to the performance of the Services. Customer shall not deliver to Company any material considered toxic or dangerous or which is regulated under any federal or state law or regulation relating to hazardous materials. In the event of the accidental or negligent custodial transfer of hazardous or regulated waste, including bio -hazard, Customer agrees to arrange to appropriately, safely and legally assume custody of such hazardous materials at their expense. And further to indemnify the Company from any property damage or personal injury resulting from such transfer of material. 2.3 Performance of Services. All Services performed by Company will be completed in a professional manner. 2.4 Negotiable Items. Customer agrees to make Company aware in writing and in advance of any instance in which negotiable instruments, including but not limited to checks, traveler checks, or coupons will be presented for destruction. In absence of such notice, Company incurs no liability related to the restitution for the value of such instruments. 3. FEES AND PAYMENTS All standard charges for Services under this Agreement shall be as specified on Exhibit A. The prices set forth in Exhibit A shall remain in effect for the first twelve (12) monthsof this Agreement. Thereafter, price adjustments shall be made only upon thirty (30) days' prior written notice. Invoices shall be due and payable within thirty (30) days from receipt of the applicable invoice. Amounts due and not paid within thirty (30) days after Customer's receipt of the invoice shall bear interest at the rate of one and one-half per cent (1,5%) per month. Should Customer fail to make payment within 60 days after receipt of invoice, Company has the right to terminate this Agreement by providing written notice of termination to the Customer. The termination is effective as of the date such termination notice is delivered to Customer. Upon termination, Customer shall return (or permit Company to retrieve) all Company bins and other property kept at Customer's site, and Company shall have no obligation to provide further Services to Customer. 4. TERM If no term is specified in the section titled "Customer Information", then the initial term for the Services shall be month to month. After the initial one (1) year term, except as provided in Section 3, this Agreement shall continue in effect for one year from the Effective Date, with automatic renewal for successive one-year terms, unless written, or email, notice of non -renewal is delivered by either party to the other not less than ninety (90) days prior to the date of expiration of such term. Ek-4Shreddill.9 This Agreement shall be governed by and construed in accordance with the laws of the State of Georgia and the United States. 6. LIABILITY AND WARRANTY 6.1 Limitation of Liability. IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGE, WHETHER ARISING IN CONTRACT OR TORT. Company shall not be responsible or liable in any manner whatsoever for the release or loss of any materials deposited in bins or otherwise delivered to it for secure destruction. Company's maximum liability for any and all claims arising with respect to the Services provided under this Agreement shall not exceed the aggregate amounts paid by Customer with respect to the Services provided at the particular Customer location during the six (6) months preceding the event which gives rise to a claim. Customer must present any claim with respect to any Service in writing to Company within a reasonable time and in no case later than three (3) months after the occurrence of the event on which the claim is based. The provisions of this Section shall survive termination of this Agreement. 6.2 Ownership Warranty. Customer warrants that it is the owner, legal custodian or otherwise has the right to deliver for confidential destruction any and all materials Customer provides Company hereunder. Customer shall reimburse Company for any expenses reasonably incurred by Company (including reasonable legal fees) by reason of Company complying with its obligations under this Agreement to destroy such materials in the event of a dispute concerning the destruction of the materials provided by Customer to Company. 6.3 Indemnification. Customer shall indemnify Company and its agents, servants and employees, and hold them harmless from and against all damages, claims, judgments and liabilities resulting from Customers breach of this Agreement. 7. MISCELLANEOUS 7.1 Force Majeure. Each party shall be excused from any delay or failure in performance under this Agreement for any period if and to the extent that such delay or failure is caused by fire, explosion, labor disputes or accidents affecting performance under this Agreement, or war, mobilization, civil commotions, blockade or embargo, or any law, regulation, ordinance or requirement of any government or regulatory agency, or any other act whatsoever similar to those listed herein, or any other circumstance beyond the reasonable control of a party. 7.2 Entire Ag ex ement. This Agreement contains the entire agreement of the parties with respect to the subject matter hereof, and supersede all prior understandings, representations and warranties, written and oral. 7.3 Amendment, Waiver, Survival. This Agreement shall be binding on the parties and their respective successors and assigns. This Agreement may be amended only in writing signed by both parties. Any failure to enforce any provision of this Agreement is not a waiver of that provision or of either party's right to later enforce each and every provision. In the event that any provision of this Agreement or the application thereof, becomes or is declared by a court of competent jurisdiction to be illegal, void or unenforceable, the remainder of this Agreement will continue in full force and effect and the application of such provision will be interpreted so as reasonably to effect the intent of both parties. 7.4 Exclusivity: Customer agrees to retain Company on an exclusive basis at all facilities covered by this Agreement for the term of this contract which include purge and shredding event programs. THIS AGREEMENT INCLUDES ALL EXHIBITS ATTACHED HERETO ALL OF WHICH ARE INCORPORATED INTO THIS AGREEMENT BY REFERENCE. IN WITNESS WHEREOF, each of the parties have caused this Agreement to be executed by its duly authorized representative as of the Effective Date first set forth above. CUSTOMER ACCEPTANCE: ECOSHREI)DING: _ Signature: Signature: Name: Name: rE .v Title: Title:,v�z_ Date: Date:��� INN so I i, BI -WEEKLY 1St console $25/shred 2" a console $10/shred Exhibit SPECIAL ADDENDUM L .EC0SWEDDTiJG CUSTOMER AGREEMENT TIHS ADDENDUM ("Addendum") modifies the EcoShredding, Inc. Customer Agreement (the "Agreement") to which this Addendum is attached, as follows: 1. The terms of this Addendum are added to clarify certain aspects of the Agreement and to enable Customer to comply with its legal obligations. The terms of this Addendum will supersede any contrary or inconsistent provisions in the Agreement. 2. Ter. The parties agree that the Agreement, as required by O.C.G.A. § 36-60-13, shall terminate absolutely and without further obligation on the part of Customer on September 30 each calendar year of the Agreement term, and further, that the Agreement shall automatically renew on October 1 of each subsequent calendar year absent Customer's provision of written notice of non -renewal to Company at least five days prior to October 1. Title to any supplies, materials, equipment, or other personal property (to the extent any title is transferred pursuant to the Agreement) shall remain in Company until 'fully paid for by Customer. 3. Charges. The total amount paid under the Agreement in a given annual term is anticipated to be approximately $2,540.00. The actual amount due will be calculated based on the services ordered by the Customer at the unit prices set forth in the schedule attached to the Agreement. 4. Limitation on Liability. Any limitations on Company's liability set forth in the Agreement will not apply to: physical damages to property, physical injuries to persons, fraudulent, grossly negligent, willful or intentional harm, or harm arising from a violation of law on the part of Company or its agents. 5. Indemnification. Notwithstanding any provision to the contrary in the Agreement, Customer agrees to indemnify Company only to the extent permitted by applicable law. 6. 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, Company agrees that, during performance of the Agreement, Company, 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, Company agrees to comply with all applicable implementing regulations and shall include the provisions of this paragraph in every subcontract for services contemplated under the Agreement. 7. Ethics Code; Conflict of Interest. Company 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. Company certifies that to the best of its knowledge no circumstances exist which will cause a conflict of interest in performing the work described in the Agreement. Company and Client acknowledge that it is prohibited for any person to offer, give, or agree to give any City of Milton employee or official, or for any City of Milton 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. Company and Client further acknowledge that it is prohibited for any payment, gratuity, or offer of employment to be made by or on behalf of a sub -consultant under a contract to the prime consultant or higher tier sub - consultant, or any person associated therewith, as an inducement for the award of a subcontract or order. 8. Employment of Unauthorized Aliens Prohibited — E -Verify Affidavit. Pursuant to O.C.G.A. § 13-10-91, Customer shall not enter into a contract for the physical performance of services unless Company shall provide evidence on Customer -provided forms, attached hereto as Exhibits 11B-2" and 11B-3" (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 Company's subcontractors have registered with, are authorized to use and use the federal work authorization program commonly known as E -Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13- 10-91, and that they will continue to use the federal work authorization program throughout the contract period. Company hereby verifies that it has, prior to executing the Agreement, executed a notarized affidavit, the form of which is provided in Exhibit "E-211, and submitted such affidavit to Customer or provided Customer with evidence that it is an individual not required to provide such an affidavit because it is licensed and in good standing. Further, Company 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 Company employs or contracts with any subcontractor(s) in connection with the covered contract, Company 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 "B-3", which subcontractor affidavit shall become part of the Company/subcontractor agreement, or evidence that the subcontractor is not required to provide such an affidavit. If a subcontractor affidavit is obtained, Company agrees to provide a completed copy to Customer within five (5) business days of receipt from any subcontractor. Company and Company'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. Company agrees that the employee -number category designated below is applicable to Company. 500 or more employees. 100 or more employees. _ Fewer than 100 employees. Company hereby agrees that, in the event Company employs or contracts with any subcontractor(s) in connection with the Agreement and where the subcontractor is required to provide an affidavit pursuant to O.C.G.A. § 13-10-91, Company will secure from the subcontractor(s) such P 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. EXHIBIT "B-2" STATE OF COUNT OF CONTRACTOR AFFIDAVIT AND AGREEMENT By executing this affidavit, the undersigned contractor verifies its compliance with O.C.G.A. § 13-10-91, stating affirmatively that the individual, firm, or corporation which is engaged in the physical performance of services on behalf of the City of Milton, Georgia has registered with, is authorized to use and uses the federal work authorization program commonly known as E -Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91. Furthermore, the undersigned contractor will continue to use the federal work authorization program throughout the contract period and the undersigned contractor will contract for the physical performance of services in satisfaction of such contract only with subcontractors who present an affidavit to the contractor with the information required by O.C.G.A. § 13-10-91(b). Contractor hereby attests that its federal work authorization user identification number and date of authorization are as follows: I'Z113r*7 Federal Work Authorization User Identification Number 7L3 (/ Date of Authorization Eco Shredding. Inc. Name of Contractor I hereby declare under penalty of perjury that the foregoing is true and correct. Executed on i , 2017 in (city), C,,,4 (state). Sigriafure cif Authorized QWicer or Agent Printed Name and Title of Authorized Officer or Shredding Services for City of Milton, GA Agent Name of Project SUBSCRIBED AND SWORN BEFORE ME City of Milton. Georgia THIS THE --S DAY OF Name of Public Employer , 2 is �. � .•••�,� NOTARY PUBLIC ��,+y-�E CHgp��� v, �0TAJgy•.'9 [NOTARY SEAL] U- DCpIREs GEORGIA . Jul 25, 2020 + + My Commission Expires: G �-•,jos �N�+ M- I LTO ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: July 17, 2017 FROM: Steven Krokoff, City Manager AGENDA ITEM: Approval of a Change Order to an Existing Pest Control Services Agreement between the City of Milton and All Exterminating. MEETING DATE: Monday, July 24, 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: (,APPROVED (J NOT APPROVED PLACED ON AGENDA FOR: 0112`, � 201/1 2006 Heritage Walk Milton, GA P: 678.242.2500 1 F: 678.242.2499 0000 infoQcityofmiltongo.us I www.cityofmiltonga.us To: Honorable Mayor and City Council Members From: Dennis Miller, Facilities Manager Date: Submitted on 7/11/2017 for the 7/24/2017 Regular City Council Meeting Agenda Item: Approval of Change Order to Existing Pest Services Agreement between the City of Milton and All Exterminating _____________________________________________________________________________________ Project Description: Add pest control services for City Hall and Community Place. Service to be performed quarterly on the exterior of structures with interior call back service when requested. Procurement Summary: Purchasing method used: Contract Addendum Account Number: 100-1565-523850101 Requisition Total: FY17= $230 FY18=$920 Vendor DBA: All Exterminating Financial Review: Bernadette Harvill 7/12/2017 Legal Review: Sam VanVolkenburgh 6/30/2017 Attachment(s): Pest Services Agreement change order 1 CHANGE ORDER #1 to the Pest, Termite and Rodent Control Services Agreement City of Milton City Hall and Community Building, 2006 Heritage Walk, Milton, Ga. 30004 WHEREAS, the City of Milton, Georgia and All Termite and Pest Control LLC (dba All Exterminating). have entered into a Professional Services Agreement (the “Agreement”) dated April 25, 2016, incorporated herein by reference, for Pest, Termite and Rodent Control services; and WHEREAS, the parties desire to issue an addendum pursuant to Section 1.4 of the Agreement, it being to the mutual benefit of all parties to do so, as set forth herein for the reasons and consideration set forth herein. NOW THEREFORE, the parties hereto agree to amend the Agreement as follows: 1. Exhibit A is revised to add Milton City Hall and an adjacent accessory structure known as the ‘Community Place’ to the existing Pest, Termite and Rodent Control Treatment agreement. These sites will receive “Outside Mostly” Pest and Rodent Treatment, which does not include Termite Treatment or Termite Warranty. “Outside Mostly” full service is a guaranteed Pest and Rodent service providing quarterly outside treatment and any necessary inside treatment as needed at no additional charge. The “thorough treatment” provision of Section 1.1.2 shall not apply to the newly- added sites. 2. Exhibit B is revised to reflect that the price for the added service is $230.00 quarterly ($920.00 annually). 3. Section 1.2 is amended as follows: for the year 2017, the total amount paid under this Agreement in calendar year 2017 shall not exceed $4,044.50, and in subsequent years the total amount shall not exceed $4,504.50. 4. Two quarters of service shall be provided in calendar year 2017, and four quarters of service shall be provided thereafter. 5. It is agreed by the parties hereto that all of the other terms and conditions of the Agreement, including all unamended portions, shall remain in full force and effect other than as modified herein. Upon execution by all parties, this Change Order shall be attached to and form a part of said Agreement. IN WITNESS WHEREOF, the parties hereto have caused this Change Order to be duly executed by their duly authorized officers as of the day and year set forth next to each signature. [SIGNATURES ON FOLLOWING PAGE] 2 All Termite and Pest Control LLC . Signature: __________________________________ Printed Name: _______________________________ Title: ______________________________________ (President/Vice President) Date:_______________________________________ Attest: _____________________________ CITY OF MILTON: Joe Lockwood, Mayor ___________________________________ ___________________________________ Date [CITY SEAL] Attest: ___________________________________ Signature Sudie Gordon Print Name City Clerk___________________________ Title Approved as to form: _______________________________ City Attorney TO: FROM: MILTON1,11IN& ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM City Council DATE: July 17, 2017 Steven Krokoff, City Manager t�) AGENDA ITEM: Approval of a Professional Services Agreement between the City of Milton and Pond & Company for TSPLOST Batch 1 Design Services. MEETING DATE: Monday, July 24, 2017 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (JIAPPROVED () NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: (,.)AYES () NO CITY ATTORNEY REVIEW REQUIRED: (4,YES () NO APPROVAL BY CITY ATTORNEY: (,APPROVED (J NOT APPROVED PLACED ON AGENDA FOR: ©-I I zNl'2laI 2006 Heritage Walk Milton, GA P: 678.242.25001 F: 678.242.2499 info@cityofmiltonga.us I www.cityofmiltonga.us 0000 To: Honorable Mayor and City Council Members From: Sara Leaders, PE – Transportation Engineer Date: Submitted on July 17, 2017 for the July 24, 2017 Regular City Council Meeting Agenda Item: Approval of a Professional Services Agreement between the City of Milton and Pond & Company for TSPLOST Batch 1 Design Services _____________________________________________________________________________________ Project Description: The NE Crabapple Connector Road including intersection improvements at Charlotte Drive and Mayfield Road and the intersection improvements at Hopewell Road and Bethany Bend, Bethany Way, Bethany Oaks Point were identified projects on the city TSPLOST list. These are the first projects on the implementation plan. A request for proposals was issued for TSPLOST Batch 1 Design Services in accordance with the city’s standard purchasing policy. The city reviewed eight submittals for both qualifications and price and is recommending approval of the Professional Services Agreement with Pond & Company. Procurement Summary: Purchasing method used: RFP Account Number: NE Crabapple Connector MIL-005/MIL-030 355-4101-541400003 Requisition Total: $33,300 Account Number: Hopewell at Bethany MIL-001 355-4101-541400004 Requisition Total: $21,700 Financial Review: Bernadette Harvill, 7/17/17 Legal Review: Jarrard & Davis, LLP – Sam VanVolkenburgh, 7/6/17 Attachment(s): Professional Services Agreement HOME OF' ESTA6LIS II ED 2006 PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT is made and entered into this day of , 20 (the "Effective Date"), by and between the CITY OF MILTON, GEORGIA, a municipal corporation of the State of Georgia, acting by and through its governing authority, the Mayor and City Council (hereinafter referred to as the "City'), and POND & COMPANY, a Georgia corporation, (herein after referred to as the "Consultant"), collectively referred to herein as the "Parties." WITNESSETH: WHEREAS, City desires to retain Consultant to provide certain services in the completion of a Project (defined below); and WHEREAS, City finds that specialized knowledge, skills, and training are necessary to perform the Work (defined below) contemplated under this Agreement; and WHEREAS, Consultant has represented that it is qualified by training and experience to perform the Work; and WHEREAS, Consultant desires to perform the Work as set for in this Agreement under the terms and conditions provided in this Agreement; and WHEREAS, the public interest will be served by this Agreement; and WHEREAS, Consultant has familiarized itself with the nature and extent of the Agreement, the Project, and the Work, and with all local conditions and federal, state and local laws, ordinances, rules and regulations that may in any manner affect cost, progress or performance of Work. NOW, THEREFORE, for and in consideration of the mutual promises, the public purposes, and the acknowledgements and agreements contained herein, and other good and adequate consideration, the sufficiency of which is hereby acknowledged, the Parties do mutually agree as follows: I. SCOPE OF SERVICES AND TERMINATION DATE A. Agreement. The Agreement shall consist of this Professional Services Agreement and each of the Exhibits hereto, which are incorporated herein by reference, including: Exhibit "A" — City Solicitation Documents Exhibit "B" _ Consultant Response/Proposal Exhibit "C".— Scope of Work Exhibit "D" — Contractor Affidavit Exhibit "E°' — Subcontractor Affidavit Exhibit "F" — Key Personnel Exhibit "G" — Concept "Schedule B. Proiect Description. .The "Project" at issue in. this Agreement is generally described as: concept design for proposed intersection improvements at Hopewell. Road and Bethany Bend/Bethany Way/Bethany Oaks Pointe and proposed intersection improvements at Mayfield Road and Charlotte Drive with a new roadway connection from Mayfield at Charlotte to SR 372/Biriningham Highway at Heritage Walk/McFarlin Lane. C. The Work. The Work to be completed under this Agreement (the "Work") includes, .but shall not be limited to, the Work described in the Scope of Work provided in Exhibit "C", attached hereto and incorporated herein by reference. Unless otherwise stated in Exhibit "C", the Work includes all material, labor, insurance, tools, equipment, machinery, water, heat, utilities, transportation, facilities, services and any other miscellaneous items and work necessary to complete the Work. Some details necessary for proper execution and completion of the Work may not be specifically described in the Scope. of Work, but they are a requirement of the Work if they are a usual. and customary .component of the contemplated services or are. otherwise necessary for proper completion of the Work: D. Schedule, Comoletion Date, and Term of Agreement. Consultant understands that time is of the essence of this Agreement -and warrants and represents that it will perform the Work in a prompt and timely manner, which shall not impose delays on the progress of the Work. The term of this Agreement ("Term"):shall commence as of the Effective Date. Work related to the concept designs and survey (Tasks 1-8) shall proceed according to the schedule provided in Exhibit "G", attached hereto and incorporated herein by reference. Work related. to construction documents (Task 9). may be added. at the discretion of the City with scope, timing and fees separately negotiated, which negotiations the. pal ties anticipate will occur ori. or before December 3'1,. 2019. This Agreement shall terminate upon completion of all Work, provided that certain obligations will survive termination/expiration of this Agreement. If the Term of this Agreement is longer than one year; the Parties agree that this Agreement, as required by O.C.G,A. § 36-60- 13, shall terminate absolutely and without further obligation on. the part of City on December 31 each calendar year of the Term, and further, that this Agreement shall automatically renew on January 1 of each subsequent calendar .year absent City's provision of written notice of non- renewal to Consultant at least five (5) days prior to the end of the then current calendar year. Title to any supplies, materials, equipment, or other personal property .shall remain in Consultant until. fully paid for by City. H. WORK CHANGES A. Change Order Defined.. A "Change Order" means a written modification of the Agreement, signed by representatives of City. and Consultant with appropriate authorization. 2 B. Right to Order Changes. City reserves the right to order changes in the Work to be performed under.. this Agreement by altering, adding to, or deducting from the Work. All such changes shall be incorporated .in written Change Orders and executed by Consultant and City. Such Change Orders shall specify the changes ordered. and any necessary adjustment of compensation and completion time. If the Parties. cannot reach an agreement on the terms for performing the changed work within areasonable time to avoid delay or other unfavorable impacts as determined by City in its sole discretion, City shall have the right to determine reasonable terms, and Consultant shall proceed with the changed work. C. Change Order Requirement. Any work added to the scope of this Agreement by a Change Order shall be executed under all the applicable conditions of this Agreement. No claim for additional compensation or extension of time shall be recognized, unless contained in a written Change Order duly executed on behalf of City and Consultant. D. Authority to Execute Change Order. The City Manager has authority to execute, without further action of the Mayor or City Council, any number of Change Orders so long as their total effect .does not materially alter the terms of this Agreement or materially increase the Maximum Contract Price, as set forth in Section III(B) below. Any such.Change Orders materially altering the terms of this Agreement '-or any Change Order affecting the price where the Maximum Contract Price (as amended) is in excess of $50,000, must be approved by resolution of the Mayor and City Council. Amendments shall not result in a variance in price exceeding ten percent of the original contract amount. III. COMPENSATION AND METHOD OF PAYMENT A. Payment Terms. City agrees to pay Consultant for the Work performed and costs incurred by Consultant upon. certification by City that: the Work was actually performed in accordance with the Agreement. Compensation for Work performed shall be paid to Consultant upon City's receipt. and approval of :invoices, setting forth in detail the services performed and costs incurred, along with all supporting documents requested by City to process the invoice. Invoices shall be submitted on a monthly basis. Any material deviations in tests or inspections performed, or times or locations required to complete such tests .or inspections, and like deviations from the Work described in this Agreement .shall be clearly communicated to City before charges are incurred and shall be handled through Change Orders as described in Section IT above. City shall pay Consultant. within thirty (3 0) days after approval of the invoice by City staff. B. Maximum Contract Price. The total amount paid under this Agreement as compensation for Work performed and reimbursement for costs incurred shall be $55,000.00 (the "Maximum Contract Price"), except as outlined in Section II(C) above, and Consultant represents that this amount is. sufficient to perform all 'of the Work set forth in and contemplated by this Agreement. The compensation for Work performed shall be based upon lump sun. The City, .at. its. discretion, may choose to negotiate scope and fee .for task 9 under a change order or additional agreement, to be determined at the completion of tasks 1-8. C. Reimbursement for Costs. The Maximum Contract Price set forth in Section .III(B) above includes all costs, direct and indirect, needed to perform the Work and complete the Project, and there shall be no separate reimbursement for costs, IV. COVENANTS OF CONSULTANT A. Expertise of Consultant; Licenses, Certification 'and Permits Consultant accepts the relationship of trust and confidence established between it and City, recognizing that City's intention and purpose in entering. into this Agreement is to engage an entity with the requisite capacity, experience, and professional skill and judgment to provide the Work in pursuit of the timely and competent completion of the Work undertaken by Consultant under this Agreement.. Consultant' shall employ only persons duly qualified in the appropriate area of expertise to perform the Work described in this Agreement. Consultant covenants and declares that it has obtained all diplomas, certificates, licenses, permits or the like required of Consultant by any and all national; state, regional, county, or local boards, agencies, commissions, committees or other regulatory bodies in order to perform the Work contracted for under this Agreement. Further, Consultant agrees that it will perform all Work. in accordance with the standard of care and quality ordinarily expected of competent professionals and in compliance with all federal, state, and local laws, regulations, codes, ordinances, or orders applicable to the Project, including; but not limited to, any applicable records retention requirements. and Georgia's Open Records Act (O.C.G.A. § 50-18-71; et seg.). Any additional work or costs incurred as a result of error and/or omission by Consultant as a result of not meeting the applicable standard of care or quality will be provided by Consultant at no additional cost to City. This provision shall survive termination of this Agreement. B. Budgetary Limitations. Consultant agrees and acknowledges that budgetary limitations are not a justification for breach of sound principals of Consultant's profession and industry. Consultant shall take no calculated risk in the performance of the Work. Specifically, Consultant agrees that, in the event it. cannot perform the Work within the budgetary limitations established without disregarding sound principles of Consultant's profession and industry, Consultant will give written notice immediately to City. C. City's Reliance on the Work. Consultant acknowledges and agrees that City does not undertake to approve. or pass upon matters of expertise of Consultant and that, therefore; City bears no responsibility for Consultant's Work performed under this Agreement. Consultant acknowledges and agrees that the acceptance of Work by City is limited to the, function of determining whether there has been compliance with what is required to be produced under this Agreement. City will. not, and need not, inquire into adequacy, fitness, :suitability or correctness of Consultant's performance. Consultant further agrees that no approval of designs, plans, specifications or. other work product by any person, body or agency shall relieve Consultant of the responsibility for adequacy, fitness, suitability, and correctness of Consultant's Work under professional and industry standards; or for performing services under this Agreement in accordance with sound and accepted professional and industry principles. D. Consultant's Reliance on Submissions by City. Consultant must have timely information and input from City in order to perform the Work required under this Agreement. Consultant is entitled to rely upon information provided by City, but Consultant shall provide 4 immediate written notice to City if Consultant knows or reasonably should know that any information provided by City is erroneous, inconsistent, or otherwise problematic. E. Consultant's .Representative. Steve Bitney shall be authorized to act on Consultant's behalf with respect to the Work as Consultant's designated representative, provided that this designation shall not relieve either Party of any written notice requirements set forth elsewhere in this Agreement. F. Assignment of Agreement: Consultant covenants and agrees. not to assign or transfer any interest in, or delegate any duties of this Agreement, without the prior express written consent. of City. As to any approved subcontractors, Consultant shall be solely responsible for reimbursing them, and. City shall have no obligation to them. G. _Responsibility of Consultant and Indemnification of City. Consultant covenants and agrees to take and assume all responsibility for the Work rendered in connection with this Agreement. Consultant shall bear all losses and damages directly or indirectly resulting to it and/or City on account of the performance or character of the Work rendered pursuant to this Agreement. Consultant shall defend, indemnify and hold harmless City and City's elected and appointed officials, officers, boards,. commissions, employees, representatives, consultants, servants, agents; attorneys and volunteers (individually an ``Indemnified Party" and collectively "Indemnified Parties") from and against any and all claims, suits, actions, judgments, injuries, damages, losses, costs, expenses and liability of any kind whatsoever, including but not limited. to attorney's fees. and costs of defense ("Liabilities"),. which may arise from or be the result of an alleged willful, negligent or tortious act or omission arising out of the Work, performance of contracted services, or operations by Consultant, any subcontractor., anyone directly or indirectly employed by Consultant or subcontractor or anyone for whose acts or omissions Consultant or subcontractor may be liable, regardless of whether or not the act or -omission is caused in part by a party m indenified hereunder; provided that this indemnity obligation shall only apply to the extent. Liabilities are caused by or result from the negligence, recklessness, or intentionally wrongful conduct of the Consultant or other persons employed. or utilized by the Consultant in the performance of this Agreement. This indemnity obligation shall not be construed to negate, abridge, or otherwise reduce any other right or obligation of indemnity which would otherwise exist as to any party or person described in this provision. In any and all claims against an Indemnified Party, by any employee of Consultant, its subcontractor, anyone directly or indirectly employed by Consultant or subcontractor or anyone for whose acts Consultant or subcontractor may be liable, the indemnification obligation. set forth in this provision shall not be limited in any way by any limitation on the amount or type of damages., compensation or benefits payable by or for Consultant or any subcontractor under workers' or workmen's compensation acts, disability benefit acts or other employee benefit acts. This obligation to indemnify, defend; and hold harmless the Indemnified Party(ies) shall survive expiration or termination of this Agreeinent, provided that the .claims are based upon or arise out of actions or omissions that occurred during the performance of this Agreement. H. Independent Contractor. Consultant hereby covenants and declares that it is engaged in an independent business and .agrees to perform the Work as an independent contractor 5 and not as the. agent or employee of City. Nothing :in this Agreement shall be construed to make Consultant or any of its employees, servants, or subcontractors, an employee, servant or agent. of City for any purpose. Consultant agrees, to be solely responsible for.its own matters relating to the time and place the Work is performed and the method used to perform such. Work; the instrumentalities, tools, supplies. and/or materials necessary to complete. the Work; hiring of consultants, agents or employees to complete the Work; and. the payment of employees, including benefits and compliance with Social Security, withholding and. all other regulations governing such matters. Consultant agrees to be solely responsible for its own acts and those of its subordinates; employees, and subcontractors during the life of this Agreement: There shall be no contractual relationship between any subcontractor or supplier and City by virtue of this Agreement with Consultant. Any provisions of this Agreement that may appear to give City the right to direct Consultant as to the details of the services to be performed by Consultant or to exercise a measure of control over such services will be deemed to mean that Consultant shall follow the directions of City with regard to the results of such services only. It is further understood that this Agreement is not exclusive, and City may hire additional. entities to perform the Work related to this Agreement. Inasmuch as City. and Consultant are independent of each other, neither has the authority to bind the other do any third person or otherwise to act in any way as the representative of the other, unless otherwise expressly agreed to in writing signed by both Parties hereto. Consultant- agrees onsultantagrees not to represent itself as City's agent for any purpose to any party or to allow any employee of Consultant to do so, unless: specifically authorized, in advance and in writing, to do so, and then only for the limited purpose stated in such authorization. Consultant shall assume full liability for any contracts or agreements Consultant enters into on behalf of City without the express knowledge and prior written consent of City. I. Insurance. (1) Requirements: Consultant shall have and maintain in full force and effect for the duration. of this Agreement, insurance insuring .against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Work by Consultant, .its agents; representatives, employees or subcontractors. All policies shall be subject to approval by City as to form and. content, These requirements are subject to amendment or waiver if so approved in writing by the City Manager. (2) Minimum Limits of Insurance: Consultant shall maintain the following insurance policies with.coverage and limits no less than: (a) Commercial General Liability coverage of at least $1,0.00,000 (one million dollars) combined single limit per occurrence and $2,0.00,00.0 (two million. dollars) aggregate for comprehensive coverage including for bodily and personal injury, sickness, disease or death, injury to or destruction of property, including loss of use resulting therefrom. 2 (b) Commercial Automobile Liability .(owned, non -owned, hired) coverage of at least $1,000,000 (one million dollars) combined single limit per occurrence for comprehensive coverage including bodily and personal injury, sickness, disease. or death, injury to or destruction of property, including loss of use resulting therefrom. (e) Professional Liability of' at least. $1,000,000 (one million dollars) limit. for claims arising out of professional services and caused by Consultant's errors, omissions, or negligent. acts. (d) Workers' Compensation limits as required by the State of Georgia and Employers' Liability limits of $1,000,000 (one million dollars) per occurrence or disease. (If Consultant is a sole proprietor, who is otherwise not entitled to coverage under Georgia's Workers' Compensation Act, Consultant must secure Workers' Compensation coverage approved by both the State Board of Workers' Compensation and the Commissioner of Insurance. The amount of such coverage shall be the same as what is otherwise required of employers entitled to coverage under the Georgia Workers' Compensation Act. Further;. Consultant shall provide a certificate of insurance indicating that such coverage has been secured and that no individual has been excluded from coverage.) (e) Commercial Umbrella Liability Coverage: $ 1.,000,000 (one million dollars) per occurrence shall be provided.and will apply over all .liability policies, without exception, including but not limited to Commercial General Liability, Commercial Automobile Liability, Employers' Liability, and Professional Liability. (3) Deductibles and Self -Insured Retentions:. Any deductibles or self-insured. retentions must be declared to and approved by City in. writing so that City may ensure. the financial solvency of Consultant; self-insured retentions should be included on the certificate of insurance. (4) Other Insurance Provisions: Each policy shall contain, or be endorsed to contain, the following provisions respectively: (a) General Liability, Automobile Liability and (if applicable Umbrella Liability Coverage. (i) Additional Insured Requirement; City and City's elected and appointed officials, officers, boards, commissioners, employees, representatives, consultants, servants, agents and volunteers (individually "Insured Party" and collectively "Insured Parties") shall be named as additional insureds as respects: liability arising out of activities performed by or on 7 behalf of Consultant; products and. completed operations of Consultant; premises owned, leased, or used by Consultant; automobiles owned, leased, hired, or borrowed by Consultant. The coverage shall contain no special limitations on. the scope of protection afforded to the Insured Parties. Nothing contained in this section. shall be construed to require the Consultant to provide liability insurance coverage to any Insured Party for claims asserted against such Insured. Party for its sole negligence. (ii) Primary Insurance Requirement. Consultant's insurance coverage shall be primary noncontributing insurance as .respects to any other insurance or self-insurance available to the Insured Parties. Any insurance or self-insurance maintained by the Insured Parties shall be in excess of Consultant's insurance and shall not contribute with it. (iii) Reporting Requirement. Any failure to comply with reporting provisions of the policies shall not affect coverage provided.to the Insured Parties. (iv) Separate Coverage. Coverage shall state that Consultant's insurance. shall apply separately to each insured against whom claim is made or suit is brought, except with respect to limits of insurance provided. (v) Defense Costs/Cross Liability. Coverage shall be provided on a "pay on behalf' basis; with defense costs payable in addition to policy limits. There shall. be no cross liability exclusion. (vi) Subrogation. The insurer shall agree to waive all rights of subrogation against the Insured Parties for losses arising fiom Work performed by Consultant for 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 Consultant for City. (c) All Coverages. (i) Notice Requirement. Each insurance policy required by this Agreement shall be endorsed to state that coverage shall not.be suspended, voided, or canceled except after thirty (30) calendar days prior written notice (or 1.0 calendar days ifdue to non-payment) has been given to City. City reserves the right to accept alternate notice terms and provisions, provided they meet the minimum requirements under Georgia law:. (ii) Starting and Ending Dates, Policies shall have concurrent starting and ending dates. (iii) Incorporation of Indemnification Obligations. Policies shall include an endorsement incorporating the indemnification obligations assumed by Consultant under the terms of this Agreement, including but not limited to Section IV(G) of this Agreement. (5) Acceptability of Insurers: The insurance to be maintained by Consultant must be issued by a company licensed or approved by the Insurance Commissioner to transact business in the State of Georgia. Such insurance policies shall be placed with insurer(s) with an.A.M. Best Policyholder's rate of no less than "A-" and with a financial rating of Class. VII or greater. The Consultant shall be .responsible for any delay resulting. from the failure of its insurer to provide: proof of coverage in the proscribed form. (6) Verification of Coverage: Consultant shall Airnish to City for City approval certificates of insurance :and endorsements to the policies evidencing all coverage required by this Agreement prior to the start of work. Without limiting, the general scope of this requirement, Consultant is specifically required to provide an endorsement naming City as an additional insured when. required. The certificates of insurance and endorsements for 'each insurance policy are to be on a form utilized by Consultant's insurer in its normal, course of business and are. to be signed. by a person authorized by that insurer to bind coverage on its behalf, unless alternate sufficient evidence of their Validity and incorporation into. the:policy is provided. City reserves the right to require complete, certified copies of all required .insurance policies at any time. Consultant shall provide proof that any expiring coverage has been renewed or replaced prior to the expiration of the coverage.. (7) Subcontractors: Consultant shall either (1) ensure that its insurance policies (as described herein) cover .all subcontractors and the Work performed by such subcontractors or (2) ensure that any subcontractor secures separate policies covering that subcontractor and its Work. All coverage for subcontractors shall be subject to, all of the requirements stated in this Agreement, including, but not limited to, naming the Insured Parties as additional insureds. (8) Claims -Made. Policies: Consultant shall extend. anyclaims-made insurance 0 policy for at least six (6) years after termination or final payment under the Agreement, whichever is later, and have an. effective date which is on or prior to thet Effective Date,. (9) City as Additional Insured and Loss Payee: City shall be named as an additional insured and loss payee on all policies required by this Agreement, except. City need not be named as an additional insured and loss payee on any Professional Liability policy or Workers' Compensation policy. (10) Progress Payments: The. making of progress payments to Consultant shall not be construed as relieving Consultant or its subcontractors or insurance carriers from providing the coverage required in. this Agreement. J. Employment of Unauthorized Aliens Prohibited — E -Verify Affidavit. Pursuant to O.C.G.A. § 13-10-91, City shall not enter into a contract for the physical performance of services unless: (1) Consultant shall provide evidence on City -provided forms, attached hereto as Exhibits "D" and "E" (affidavits regarding compliance with the E - Verify program to be sworn under oath under criminal penalty of false swearing pursuant to O.C.G.A. § 16-10-71), that it. and Consultant's subcontractors have registered with, are authorized to. use and use the. federal. Work authorization program commonly known as E -Verify, or any subsequent replacement .program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91., and that they will continue to use the federal work authorization program throughout the contract period, or (2) Consultant provides evidence that it is not required to provide an. affidavit because it is an individual (not a company) licensed pursuant to Title 26 or Title 43 or'by the State Bar of Georgia and is in good standing. Consultant hereby verifies that it has, prior to executing this Agreement, executed a notarized affidavit, the form of which is provided in Exhibit "D", and submitted such affidavit to City or provided City with evidence that it is an individual not required to provide such an affidavit because it is licensed and in good standing as noted in sub -subsection. (2) above. Further, Consultant.hereby agrees to comply with the requirements of the federal Immigration Reform and. Control Act of 1986 (IRCA), P.L. 99-603, O.C.G.A. § 13-10-91 and Georgia Department ofLabor Rule. 300-10-1-.02. In the. event Consultant. employs or contracts with any subcontractor(s) in connection with the covered contract, Consultant agrees to secure from .such subcontractor(s) attestation of the subcontractor's compliance with O.C.G.A. § 13-10-91 and Rule 300-10-14.2 by the subcontractor's execution of the subcontractor affidavit, the form of which is attached hereto as Exhibit "E",. which subcontractor affidavit shall become parr of the Consultant/subcontractor agreement, or evidence that the .subcontractor is not required to provide such an affidavit because 10 it is an individual licensed and in good standing as noted in sub -subsection (2) above. If a subcontractor affidavit is obtained, Consultant agrees to provide a. completed copy to City within five (5) business days of receipt from any subcontractor. Where Consultant is required to provide an affidavit pursuant to O.C.G.A. § 13-10-91, the City Manager orhis/her designee shall be authorized to conduct an inspection of Consultant's and Consultant's subcontractors' verificationprocess at any time to determine that the verification was correct and complete. Consultant. and Consultant's subcontractors shall retain all documents and records of their respective verification process for a period of five (5) years following completion ofthe contract. Further., where Consultant is required to provide. an affidavit pursuant to O.C.G.A. § 13-10-91, the City Manager or his/her designee shall further be authorized to conduct periodic inspections to ensure that no. City Consultant or Consultant's subcontractors employ unauthorized aliens on City contracts. By entering into a contract with City, Consultant and Consultant's subcontractors agree to .cooperate with any such investigation by making their .records and personnel available upon reasonable notice for inspection and questioning. Where Consultant or Consultant's subcontractors are found to have employed an unauthorized alien, the City Manager or his/her designee may report same to the Department of Homeland Security. Consultant's failure to cooperate with the investigation may be sanctioned by termination of the Agreement, and Consultant shall be liable for all damages and delays occasioned by City thereby. Consultant agrees that the employee -number category designated below is applicable to Consultant. [Information only required if a contractor affidavit is required pursuant to O.C:G.A. § 13-10=91.] 500 or more employees. _X 100 or more employees, Fewer than 100. employees. Consultant hereby agrees that, in the event. Consultant employs or, contracts with any subcontractor(s) in connection with this Agreement. and where the subcontractor is required to provide an affidavit. pursuant to O.C.G.A. § 1:3-10-91, Consultant will secure from the subcontractor(s) such subcontractor(s') indication of the above employee -number categorythat is applicable to the, subcontractor. The above requirements shall be in addition to the requirements of state and federal law, and shall be construed to be in conformity with those laws. K:. Records, Reports and Audits. (1) Records: (a) Books, records, documents, account legers, data bases, and similar materials relating to the Work performed for City under this Agreement ("Records") shall be established and .maintained by 11 Consultant in: accordance with applicable law and requirements prescribed by City with respect to all matters covered by this Agreement. Except as otherwise authorized or required, such Records shall be maintained for. -at least three (3) years from the date that final payment is made to Consultant by City under this Agreement.. Furthermore, Records that are the subject of audit findings shall be retained for three .(3) years or until .such audit findings have been resolved, whichever is later. (b) All costs claimed. or anticipated. to be incurred in the performance of this Agreement shall be supported by properly executed payrolls,, time records, invoices, contracts, or vouchers, or other official documentation evidencing in detail the nature and propriety of the charges. All checks, payrolls, invoices, contracts, vouchers, orders or other accounting documents pertaining in whole or in part to this Agreement shall be clearly identified and readily accessible. (2) Reports and Information: Upon request,. Consultant. shall furnish to. City any and all Records in the form requested by City. All Records provided. electronically must be in a: format compatible with City's computer systems and software. (3) Audits and Inspections: At any time during normal business hours and as often as City may deem necessary, Consultant shall make available to: City or. City's representative(s) for examination all Records. Consultant will permit City or City's representative(s) to audit, examine; and make excerpts or transcripts from such Records. Consultant. shall provide proper facilities for City or City's representative(s) to access and inspect the Records, or, at the request of City, shall make the Records available for inspection at City's. office. Further, Consultant shall permit. City or City's representative(s) to observe and inspect arty or all of Consultant's facilities and activities during normal hours of business for the purpose of evaluating Consultant's compliance with the terms of this Agreement. In such instances,. City or City's representative(s) shall not interfere with or disrupt such activities. L. Ethics Code: Conflict of Interest. .Consultant agrees that. it shall not engage in any activity or conduct that would result in a violation of the City of Milton Code of Ethics or any other similar law or regulation. Consultant certifies that to the best of its knowledge: no circumstances exist which will cause a conflict of interest in performing the Work. Should Consultant become: aware of any circumstances that may cause a conflict of interest during the Term of this Agreement, Consultant shall immediately notify City. If City determines that a conflict of interest exists, City may require that Consultant take action. to remedy the conflict of interest or terminate the Agreement without liability. City shall have- the right: to recover any fees paid for services rendered by Consultant when such services were performed while a conflict of interest existed if Consultant had knowledge of the conflict of interest and did not notify City within five (5) business days of becoming aware of the existence of the conflict of interest. 12 Consultant and City acknowledge that it 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, influencinAhe content of any .specification or procurement standard,. rendering of advice, investigation, auditing, or in, any other advisory capacity in any proceeding or application, request for ruling, determination, claim or controversy, or other particular matter, pertaining to any program requirement or a contract or subcontract,. or to any solicitation or proposal therefor. Consultant and City further acknowledge that it is prohibited for any payment, gratuity, or offer of employment to be made by or on. behalf of a sub -consultant under a contract to the prime Consultant or higher tier sub - consultant, or any person associated therewith, as an inducement for the award of a subcontract or order. M. Confidentiality. Consultant acknowledges that it may receive confidential information of City and that it will protect the confidentiality of any such confidential information and will require. any of its subcontractors, consultants, and/or staff to likewise protect such confidential information. Consultant agrees that confidential information it learns or receives or such reports, information, opinions or conclusions that Consultant creates under this Agreement shall not be made available to, or discussed with, any individual or organization, including the news media, without prior written approval of City. Consultant shall exercise reasonable. precautions to prevent the unauthorized disclosure and use of City information whether specifically deemed confidential or not. Consultant acknowledges that City's disclosure of documentation is. governed by Georgia's Open Records Act, and Consultant. further acknowledges that if Consultant submits records containing trade secret information, and if Consultant wishes to keep such records confidential, Consultant must. submit and. attach to such records an affidavit affirmatively declaring that specific information in the records constitutes trade secrets pursuant to Article 27 of. Chapter l of Title 10, and the Parties shall follow the requirements of O.C.G.A. § 50-18-72(a)(34) related thereto. N. Key Personnel. All of the individuals identified .in Exhibit 'T", attached..hereto,. are necessary for the successful completion of the. Work due to their unique expertise and depth. and breadth of experience. There shall be no change in Consultant's Project Manager or members of the Project team, as listed in Exhibit "F", without written approval of City. Consultant. recognizes thatthe composition of this team was instrumental in City's decision to award the Work to Consultant and that compelling reasons for substituting these individuals must be demonstrated for City's consent to be granted. Any substitutes shall be persons. of comparable or superior expertise and experience. Failure to comply with the provisions of this paragraph shall constitute a material breach of Consultant's obligations under this Agreement and shall be grounds for termination. O. Meetings. Consultant is required to meet with City's personnel, or designated representatives, to resolve technical or contractual problems that may occur during the Term of this Agreement at no additional cost to City. Meetings will occur as problems arise and will be 13 coordinated by City. City shall inform Consultant's Representative of the need for a meeting. and of the date, time and location. of the meeting at least three (3) Rill. business days prior to the date of the. meeting. Face-to-face meetings are desired. However, at Consultant's option and expense, a conference call. meeting may be substituted. Consistent failure to participate in problem resolution meetings, two consecutive missed or rescheduled meetings, or failure to make a .good faith effort to resolve problems, may result in termination of this Agreement for cause. P. Authority to Contract. The individual executing this Agreement. on behalf of Consultant covenants and declares that it has obtained all necessary approvals of Consultant's board of directors, stockholders, general partners, limited partners or similar authorities. to simultaneously execute and bind Consultant to the terms of this Agreement, if applicable. Q. Ownership of 'Work. All reports, designs, drawings, plans,. specifications, schedules, work product and other materials, including, but not limited to, those in electronic form, prepared or in the process of being prepared for the Work to be performed by Consultant ("Materials") shall be the property of City, .and City shall be entitled to full access. and copies of all Materials in the form prescribed by City.. Any Materials remaining in the hands of Consultant or subcontractor upon. completion or termination of the Work shall be delivered immediately to City whether or not the Project or Work is commenced or completed; provided, however; that Consultant may retain a copy of any deliverables for its records.. Consultant assumes all risk of loss, damage or destruction of of to Materials. If any Materials are lost, damaged or destroyed before final delivery to City, Consultant shall replace them at its own expense. Any and all copyrightable :subject matter in all Materials is hereby assigned to City, and Consultant agrees to execute any additional. documents that may be necessary to evidence such assignment. R. Nondiscrimination. In accordance with Title VI of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000d, section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6102, section 202 of the Americans with Disabilities Act of 1990, 42 U.S.C. § 12132, and all other provisions of Federal law, Consultant agrees that, during performance of this Agreement, Consultant, for itself, its assignees and successors in interest, will not discriminate against any employee or applicant for employment, any subcontractor, or any supplier because of race, color, creed, national origin, gender; age or disability. In addition, Consultant agrees to comply with all applicable implementing. regulations and shall include the provisions of this paragraph in every subcontract for services contemplated under this Agreement. V. COVENANTS OF CITY A. Right of Entry. City shall provide for right of entry for Consultant and all necessary equipment as. required for Consultant to complete. the Work; provided that Consultant shall not unreasonably encumber the. Project site(s) with materialsor equipment. B. City's Representative. Sara Leaders shall be authorized to act on `City's behalf with respect to the Work as City's designated representative on this Project; provided that any changes to the Work or the terms of this Agreement must be approved as provided in Section. Il above. 14 VI. TERMINATION A. For Convenience. City may terminate this Agreement for convenience at. anytime upon providing written notice thereof at least seven (7) calendar days in advance of the termination date. B. For Cause. Consultant shall have no right to terminate this Agreement prior to completion of the Work, except in the event of City's failure to pay Consultant within thirty (30) calendar days of Consultant providing City with notice of a delinquent payment and an.opportunity to cure. In the event of Consultant's breach or default under this Agreement, City may terminate this Agreement for cause. City shall give Consultant at least seven (7) calendar days' written notice of its intent to terminate the Agreement for cause.and the reasons therefor. If Consultant fails to cure the breach or default within that seven (7) day period, or otherwise remedy the breach or default to the reasonable satisfaction of City, then City may,. at its elections (a) in writing terminate the Agreement in whole .or in part; (b) cure such default itself and charge Consultant for the costs of curing the default against any :sums due or which become due to Consultant under this Agreement; and/or (c) pursue any other remedy then available, at law or in equity,. to City for such default. C. Statutory Termination. In compliance with O.C.G..A. § 36-60-13; this Agreement shall be deemed terminated as provided in I(D) of this Agreement: Further., this Agreement. shall terminate immediately and. absolutely:at such time as appropriated or otherwise unobligated funds are no .longer available to satisfy the obligation of City. D. Payment Upon Termination. Upon termination, City shall provide for payment to Consultant for services rendered and, where authorized, expenses incurred prior to the termination date; provided that; where this Agreement is terminated for cause, City may deduct from such payment any portion of the cost for City to complete (or hire someone to complete) the Work, as determined at the time of termination, not otherwise covered by the remaining unpaid Maximum Contract Price. E. Conversion to Termination for Convenience. If City terminates this Agreement for cause and it is. later determined. that City did not have grounds to do so, the termination will be converted to and treated as a termination for convenience under the terms of Section VI(A) above. F. Requirements Upon. Termination. Upon termination, Consultant shall: (1) promptly discontinue all services, cancel as many outstanding obligations as possible, and not incur any new obligations, unless the City directs otherwise; and (2) promptly deliver .to City all data, drawings, reports, summaries, and such other information..and materials as may have been generated or used. by Consultant in performing- this Agreement, whether completed or in process, in the form specified by City. G. Reservation of Rights and Remedies.. The rights and remedies of City and Consultant provided in this Article are in addition to any other rights and remedies provided. under this. Agreement or at law or in equity. 15 VII. MISCELLANEOUS A. Entire Agreement. This Agreement, including any exhibits hereto, constitutes the complete agreement between. the. Parties and supersedes any and all other agreements, either oral or in writing, between the Parties with. respect to the subject. matter of this Agreement: No other agreement, statement or promise relating to the subject matter of this Agreement not contained in this Agreement shall be valid or binding. This Agreement may be modified or amended only by a written Change Order (as provided in Section H above) or other document signed by representatives of both Parties with appropriate authorization. B. Successors and Assigns. Subject to the. provision of this Agreement regarding assignment, this Agreement shall be binding on the heirs, executors, administrators, successors and assigns of the respective Parties. C. Governing Law. This Agreement shall be governed by .and construed in accordance with the laws of the State of Georgia without regard to choice of law principles. If any action at law or in .equity is brought to enforce or interpret the provisions of this Agreement, the rules, regulations, statutes and laws of the State of Georgia will control. Any action or suit related to this Agreement shall be brought in the Superior Court of Fulton County, Georgia, or, the U.S. District Court for the Northern District of Georgia — Atlanta Division,. and. Consultant submits to the jurisdiction and venue of such court. D. Captions and. Severability. All headings herein are intended for convenience and ease ofreference purposes only and in no way define, limit or describe the scope or intent the. or of this Agreement, or in any way affect this Agreement. Should any article(s) or section(s) of this Agreement, or any part thereof, later be deemed illegal, invalid or unenforceable by a court of competent jurisdiction, the offending portion of the Agreement should be severed, and the remainder of this Agreement shall remain in full force and. effect to the extent possible as if this Agreement had been executed with the invalid portion hereof eliminated, it being the intention of the Parties that they would have executed the remaining portion of this Agreement without including any such part, parts, or portions that may for any reason be Hereafter declared. in valid. E. Business License. Prior to commencement of the Work to be provided hereunder, Consultant shall apply to City for a business license, pay the applicable business license fee, and maintain said business license during the Term of this. Agreement, unless Consultant provides evidence that no: such license is required. F. Notices. (1) Communications Relating to Day-to-Dav Activities. All communications relating to the day-to-day activities of the Work shall be exchanged. between City's Representative (named above) for City and Consultant's Representative (named above) for Consultant. (2) Official Notices. All other notices, requests, demands, writings, or correspondence; as required by this. Agreement, shall be in writing and shall 16 be deemed received, and shall be effective, when: (1) personally delivered, or (2) on the third day after the postmark date when mailed by certifiedmail, postage prepaid, return receipt requested, or (3) upon actual delivery when sent via national overnight commercial carrier to the Party at the :address given below, or at a substitute address previously ftimished to the other Party by written -notice in accordance herewith. NOTICE TO CITY shall be sent to: City Manager City of Milton, Georgia 2006 Heritage Walk Milton, Georgia 30004 NOTICE TO CONSULTANT shall be sent to: Pond & Company Attn: Steve Bitney 3500 Parkway Lane, Suite 600 Norcross, Georgia 30092 G. Waiver of Agreement. No failure by City to enforce any right or power granted under this Agreement, or to insist upon strict compliance by Consultant with this Agreement, and no .custom .or practice of City at variance with the terms and conditions of this Agreement shall constitute a general waiver of any future breach or default or affect City's right to demand exact and strict compliance by Consultant with the terms and conditions of this Agreement. Further; no express waiver, shall affect any Term or condition other than the one specified in such waiver, and that one only for the time and manner specifically stated. H. Survival. All sections of this Agreement which by "their nature should survive termination will survive termination, including, without limitation, confidentiality obligations and insurance maintenance requirements. .I. No Third Party Rights.. This. Agreement shall be exclusively for the benefit of the Parties and shall not provide any third parties with any remedy, ola i, liability,. reimbursement, cause of action or other right. J. Sovereign Immunity: Ratification Nothing contained in this Agreement shall be construed to. be a waiver of City's sovereign immunity or any individual's qualified, good faith or official immunities. Ratification of this Agreement by a majority of the Mayor and City Council shall authorize the Mayor to execute this Agreement on behalf of City. K. No Personal Liability. Nothing herein shall be construed . as creating any individual or personal liability on the part of any of City's elected or appointed officials, officers, boards, commissions, employees, representatives, consultants, servants, agents, attorneys or volunteers; No such individualshall be personally liable to Consultant or any successor in interest 17 in the event of any default or breach by City or for any amount which may become due to Consultant or successor or on any obligation under the terms of this Agreement. Likewise, Consultant's performance of services under, this Agreement shall not. subject Consultant's individual employees, officers, or directors to any personal contractual liability, except where Consultant.is a sole proprietor. The Parties agree that, except where Consultant is a sole proprietor, their .sole and exclusive remedy, claim, demand or suit for contractual liability shall be directed. and/or asserted only against Consultant or City, respectively, and not against. any elected or appointed official, officers, boards, commissions, employees, representatives, consultants, servants,agents, attorneys and volunteers. L. Counterparts; Agreement Construction and Interpretation. This Agreement may 'be executed in any number of counterparts, each of which shall be deemed an original; but all of which taken together shall constitute one and the same instrument. Consultant represents that it has reviewed and become familiar with this Agreement and has notified City of any discrepancies, conflicts or errors herein. In the event of a conflict in the terms of this Agreement. and/or the. exhibits attached hereto, the terms most beneficial to City shall govern. The Parties hereto agree that, if an ambiguity or question of intent or interpretation arises, this Agreement is to be construed as if the Parties had drafted it jointly, as opposed to being construed against a Party because it was responsible for drafting one or more provisions of the Agreement. In the interest of brevity, the Agreement may omit modifying words such as "all" and "any" and articles such as "the" and "an," but the fact that a modifier or an article is absent from one statement and appears in another is not intended to affect the interpretation of either statement. Words or terms used as nouns in the Agreement: shall be inclusive of their singular .and plural forms, unless the context of their usage clearly requires contrary meaning. M. Force Maieure. Neither City nor Consultant shall be liable for its respective non - negligent or non -willful failure to perform or shall be deemed in default with respect to the failure to perform (or cure a failure to perform) any .of its respective duties or obligations under this .Agreement or for any delay in such performance due to: (i) any cause beyond its respective reasonable control; (ii) any act of God;. (iii) any change in applicable governmental rules or regulations rendering. the performance of any portion of this Agreement legally impossible; (iv) earthquake,. fire, explosion or flood; (v) strike or labor dispute, excluding strikes or labor disputes by employees and/or agents of CONSULTANT; (vi) delay or failure to act by any governmental or military authority; or (vii) any war, hostility, embargo, sabotage, civil disturbance, riot, insurrection or invasion. In such event, the time for performance shall be. extended by an amount of time equal to the period of delay .caused by such acts, and all other obligations shall remain intact. N. Material Condition. Each tern of this Agreement is material, and Consultant's breach of any term of this Agreement shall be considered a material breach of the entire Agreement and shall be grounds for termination or exercise of any other remedies available to City at law or in .equity. IN WITNESS WHEREOF City and Consultant have executed this Agreement, effective as of the Effective Date. first above written. 18 [SIGNATURES ON FOLLOWING PAGE] 19 CONSULTANT: POND &. COMPANY Signature:. /n Print Name: o r �,? �/ s'r'E.,L • o t—{— Title: President/Vice President (Corporation) [CORPORATE SEAL] Attest/Witness: Signature: Print Name: Title: rCC,4R : ✓h (Assistant) Corpora e Secretary Attest: Signature: Print Name:. _ Title: City Clerk Approved as to form: City Attorney CITY OF MILTON; GEORGIA By: Joe Lockwood, Mayor 20 [CITY SEAL] EXHIBIT "A"' ESTABLISHED 2006 CITY OF MILTON REQUEST FOR PROPOSALS (THIS IS NOT AN ORDER) RFP Number: RFP Title: 17-PW08 City TSPLOST Batch 1 Design Services Due Date and Time: Fax: 678-242-2499 Local Time: June 6, 2017 Number of Pages: 49 ISSUING DEPARTMENT INFORMATION Issue Date: May 15, 2017 City of Milton Phone: 678-242-2500 Public Works Department Fax: 678-242-2499 2006 Heritage Walk Website: www.cityofmiltonga.us Milton, Ga. 30004 2006 Heritage Walk INSTRUCTIONS TO CONSULTANTS Return Proposal to: Mark Face of Envelope/Package: Consultant Phone Number: RFP Number: 17-PW08 City of Milton Name of Company or Firm Attn: Honor Motes, Purchasing Office Special Instructions: 2006 Heritage Walk Deadline for Written Questions Milton, Ga. 30004 May 26, 2017 Email questions to Honor Motes at honor.motes@cityofmiltonga.us IMPORTANT: SEE STANDARD TERMS AND CONDITIONS CONSULTANTS MUST COMPLETE THE FOLLOWING Consultant Name/Address: Authorized Consultant Signatory: Please print name and sign in ink Consultant Phone Number: Consultant FAX Number: Consultant Federal I.D. Number: Consultant E-mail Address: CONSULTANTS MUST RETURN THIS COVER SHEET WITH RFP RESPONSE 2006 Heritage Walk Milton, GA 30004 P: 678.242.25001 F: 678.242.2499 info@cityofmiltonga.us I www.cityofmiltonga.us 0000 2 1 RFP 17-PWOI ir_13R41•ixe-TeRl 4&M Consultant's RFP Checklist Disclosure Form Schedule of Events Section 1: Project Overview and Instructions Section 2: RFP Standard Information Section 3: Scope of Project Section 4: Consultant Qualifications Section 5: Cost Proposal Section 6: Evaluation Criteria Section 7: Standard Contract Information Standard Contract 3 1 RFP 17-PWO1 CONSULTANT'S RFP CHECKLIST The 10 Most Critical Things to Keep in Mind When Responding to an RFP for the City of Milton 1. Read the entire document. Note critical items such as: mandatory requirements; supplies/services required; submittal dates; number of copies required for submittal; funding amount and source; contract requirements (i.e., contract performance security, insurance requirements, performance and/or reporting requirements, etc.). 2. Note the procurement officer's name, address, phone numbers and e-mail address. This is the only person you are allowed to communicate with regarding the RFP and is an excellent source of information for any questions you may have. 3. Attend the pre -qualifications conference if one is offered. These conferences provide an opportunity to ask clarifying questions, obtain a better understanding of the project, or to notify the City of any ambiguities, inconsistencies, or errors in the RFP. 4. Take advantage of the "question and answer" period. Submit your questions to the procurement officer by the due date listed in the Schedule of Events and view the answers given in the formal "addenda" issued for the RFP. All addenda issued for an RFP are posted on the DOAS website at http://ssi.doas.state.ga.us/PRSapp/PR index.isp and on the City's website at http://www.cityofmiltonaa.us will include all questions asked and answered concerning the RFP. 5. Follow the format required in the RFP when preparing your response. Provide point -by - point responses to all sections in a clear and concise manner. 6. Provide complete answers/descriptions. Read and answer all questions and requirements. Don't assume the City or evaluation committee will know what your company capabilities are or what items/services you can provide, even if you have previously contracted With the City. The submittals are evaluated based solely on the information and materials provided in your response. 7. Use the forms provided, i.e., cover page, sample budget form, certification forms, etc. 8. Check the website for RFP addenda. Before submitting your response, check the DOAS website at http://ssi.doas.state.aa.us/PRSapp/PR index.isp and the City website at http://www.cityofmiltonaa.us to see whether any addenda were issued for the RFP. If so, you must submit a signed cover sheet for each addendum issued along with your RFP response. 9. Review and read the RFP document again to make sure that you have addressed all requirements. Your original response and the requested copies must be identical and be complete. The copies are provided to the evaluation committee members and will be used to score your response. 10. Submit your response on time. Note all the dates and times listed in the Schedule of Events and within the document, and be sure to submit all required items on time. Late submittal responses are never accepted. This checklist is provided for assistance only and should not be submitted with Consultant response. 4 1 RFP 17-PWOI IM ESTABLISHED 2006 CITY OF MILTON DISCLOSURE FORM MUST BE RETURNED WITH PROPOSAL This form is for disclosure of campaign contributions and family member relations with City of Milton officials/employees. Please complete this form and return as part of your RFP package when it is submitted. Name of Consultant Name and the official position of the Milton Official to whom the campaign contribution was made (Please use a separate form for each official to whom a contribution has been made in the past two (2) years.) List the dollar amount/value and description of each campaign contribution made over the past two (2) years by the Applicant/Opponent to the named Milton Official. Amount/Value Description Please list any family member that is currently (or has been employed within the last 12 months) by the City of Milton and your relation: 5 1 RFP 17-PWOI MUST BE RETURNED WITH PROPOSAL 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 City TSPLOST Batch 1 Design Services 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: 6 1 RFP 17-PW08 SCHEDULE OF EVENTS Fsk Date Issue RFP May 15, 2017 Deadline for Questions May 26, 2017 by 5:00 p.m. EST Answers Posted by the City On or about, May 31, 2017 (Addendum) Proposals Due By 2:00 p.m. EST on June 6, 2017 Award Contract June 30, 2017 (proposed) NOTE: PLEASE CHECK THE CITY WEBSITE (hffp://www.cityofmiltonga.us) OR THE DORS WEBSITE(http://ssl.doas.state.ga.us/PRSapp/PR index.jsp) FOR ADDENDA AND SCHEDULE UPDATES. 7 1 RFP 17-PW08 SECTION 1: PROJECT OVERVIEW AND INSTRUCTIONS 1.0 BACKGROUND AND STATEMENT OF INTENT The City of Milton is requesting proposals from qualified consultants to provide design services on two TSPLOST funded projects. The City intends to phase the TSPLOST program with multiple batches of projects. All Consultants must comply with all general and special requirements of the RFP information and instructions enclosed herein. 1.1 SINGLE POINT OF CONTACT From the date this Request for Proposals (RFP) is issued until a consultant is selected, consultants are not allowed to communicate with any City staff or elected officials regarding this procurement, except at the direction of Honor Motes. Any unauthorized contact may disqualify the consultant from further consideration. Contact information for the single point of contact is as follows: Procurement Office: Honor Motes Address: 2006 Heritage Walk, Milton, GA 30004 Telephone Number: 678-242-2507 E-mail Address: honor.motes@cityofmiltonga.us 1.2 REQUIRED REVIEW A. Review RFP. Consultants should carefully review the instructions; mandatory requirements, specifications, standard terms and conditions, and standard contract set out in this RFP and promptly notify the procurement office identified above via e-mail of any ambiguity, inconsistency, unduly restrictive specifications, or error which they discover upon examination of this RFP. B. Form of Questions. Consultants with questions or requiring clarification or interpretation of any section within this RFP must submit their questions in writing via email to the procurement office referenced above on or before 5 PM (EST) on May 26, 2017 . Each question must provide clear reference to the section, page, and item in question. Questions received after the deadline may not be considered. C. City's Answers. The City will provide an official written answer to all questions on or about May 31, 2017. The City's response will be by formal written addendum. Any other form of interpretation, correction, or change to this RFP will not be binding upon the City. Any formal written addendum will be posted alongside the posting of the RFP at 8 1 RFP 17-PW08 http://www.cityofmiltonga.us or http://ssi.doas.state.ga.us/PRSapp/PR_index.jsp. Consultants must sign and return any addendum with their RFP response. D. Standard Contract. By submitting a response to this RFP, consultant agrees to acceptance of the City's standard contract. Much of the language included in the standard contract reflects requirements of state law. Requests for exceptions to the standard contract terms, or any added provisions must be submitted to the procurement office referenced above by the date for receipt of written/e-mailed questions or with the consultant's RFP response and must be accompanied by an explanation of why the exception is being taken and what specific effect it will have on the consultant's ability to respond to the RFP or perform the contract. The City reserves the right to address non- material, minor, insubstantial requests for exceptions with the highest scoring consultant during contract negotiation. Any material, substantive, important exceptions requested and granted to the standard terms and conditions and standard contract language will be addressed in any formal written addendum issued for this RFP and will apply to all consultants submitting a response to this RFP. E. Mandatory Requirements. To be eligible for consideration, a consultant must meet the intent of all mandatory requirements. The City will determine whether a consultant's RFP response complies with the intent of the requirements. RFP responses that do not meet the full intent of all requirements listed in this RFP may be subject to point reductions during the evaluation process or may be deemed non-responsive. 1.3 Reserved 1.4 SUBMITTING PROPOSALS Consultants must organize their proposals into sections that follow the following format. A. Submittal Requirements. Proposals shall include the following: 1. City of Milton request for proposal cover page (information entered and signed: first page of this document) 2. City of Milton Disclosure form (signed) 3. City of Milton Proposal letter (information entered) 4. Technical Proposal: Each Technical Proposal Shall be: a. No more than six (6) single sided pages (three pages if 9 1 RFP 17-PW08 double sided) 1. Cover page(s), table of contents, tabs, and required forms do not count toward the page limit b. Minimum of 11 point font c. Stapled or spiral -bound. No binders Each Technical Proposal Shall Contain: a. Design Team (2 pages) -include project staffing, qualifications of the design team, and what sets the team apart b. Work Plan (2 pages) - provide an anticipated project schedule, any anticipated challenges, and any innovative approaches c. Related Projects and References (2 pages) 1. Describe at least 3 similar projects with references and the degree of involvement of the team d. Pricing (See Section 5.0) 5. Applicable Addenda Acknowledgement Forms (if necessary) Consultants must organize their proposal into sections that follow the format of Section 1.4 and Section 5.0. B. Failure to Comply with Instructions. Consultants failing to comply with these instructions may be subject to point deductions. The City may also choose to not evaluate, may deem non-responsive, and/or may disqualify from further consideration any qualifications that do not follow this RFP format, are difficult to understand, are difficult to read, or are missing any requested information. C. Copies Required and Deadline for Receipt of Proposals. One original and two (2) copies of each submittal (plus a CD) should be provided to the City. Proposals must be received at the finance department receptionist's desk in City Hall prior to 2:00 PM, local time, June 6, 2017. Emailed responses to requests for proposals are not acceptable. Proposals will be opened at approximately 2:05 pm and names of consultants will be announced. *Important to remember when submitting digital files: 1. Mark all CD's or Flash Drives with Offeror's name and RFP number and title. 2. All digital files must be in either (unless otherwise specified within this document): 10 1 RFP 17-PW08 a. Microsoft Office file format or b. Portable Document Format (PDF). 3. Use caution in creating the electronic files. If the Cities are unable to open files due to data -corruption, password or encryption error, etc., the Offeror's proposal may be considered incomplete. 4. NOTE. All digital copies must include exactly the same information as provided in the hard copy "Original". D. Late Proposals. Regardless of cause, late proposals will not be accepted and will automatically be disqualified from further consideration. It shall be the consultant's sole risk to assure delivery to the receptionist's desk at the designated office by the designated time. Late proposals will not be opened and may be returned to the consultant at the expense of the consultant or destroyed if requested. 1.5 CONSULTANT'S CERTIFICATION A. Understanding of Specifications and Requirements. By submitting a response to this RFP, consultant agrees to an understanding of and compliance with the specifications and requirements described in this RFP. 1.6 COST OF PREPARING PROPOSALS A. City Not Responsible for Preparation Costs. The costs for developing and delivering responses to this RFP and any subsequent presentations of the proposal as requested by the City are entirely the responsibility of the consultant. The City is not liable for any expense incurred by the consultant in the preparation and presentation of their proposals. B. All Timely Submitted Materials Become City Property. All materials submitted in response to this RFP become the property of the City of Milton and are to be appended to any formal documentation, which would further define or expand any contractual relationship between the City and consultant resulting from this RFP process. 11 1 RFP 17-PW08 SECTION 2: RFP STANDARD INFORMATION 2.0 AUTHORITY This RFP is issued under the authority of the City of Milton. The RFP process is a procurement option allowing the award to be based on stated evaluation criteria. The RFP states the relative importance of all evaluation criteria. No other evaluation criteria, other than as outlined in the RFP, will be used. 2.1 CONSULTANT COMPETITION The City encourages free and open competition among consultants. Whenever possible, the City will design specifications, proposal requests, and conditions to accomplish this objective, consistent with the necessity to satisfy the City's need to procure technically sound, cost-effective services and supplies. 2.2 RECEIPT OF PROPOSALS AND PUBLIC INSPECTION A. Public Information. All information received in response to this RFP, including copyrighted material, is deemed public information and will be made available for public viewing and copying after the time for receipt of qualifications has passed, and the award has been made, with the following four exceptions: (1) bona fide trade secrets meeting confidentiality requirements that have been properly marked, separated, and documented; (2) matters involving individual safety as determined by the City of Milton; (3) any company financial information requested by the City of Milton to determine vendor responsibility, unless prior written consent has been given by the consultant; and (4) other constitutional protections. B. Procurement Officer Review of Proposals. Upon opening the submittals received in response to this RFP, the procurement office will review the proposals and separate out any information that meets the referenced exceptions in Section 2.2(A) above, providing the following conditions have been met: 1. Confidential information is clearly marked and separated from the rest of the submittal. 2. An affidavit from a consultant's legal counsel attesting to and explaining the validity of the trade secret claim is attached to each submittal containing trade secrets. Please contact Honor Motes for additional information. Information separated out under this process will be available for review only by the procurement office, the evaluation committee members, and limited other designees. Consultants must be prepared 12 1 RFP 17-PW08 to pay all legal costs and fees associated with defending a claim for confidentiality in the event of a "right to know" (open records) request from another party. 2.3 CLASSIFICATION AND EVALUATION OF PROPOSALS A. Initial Classification of Proposals as Responsive or Nonresponsive. Proposals may be found nonresponsive at any time during the evaluation process or contract negotiation, if any of the required information is not provided; the submitted price is found to be excessive or inadequate as measured by criteria stated in the RFP; or the qualification is not within the specifications described and required in the RFP. If a qualification is found to be nonresponsive, it will not be considered further. B. Determination of Responsibility. The procurement office will determine if a consultant has met the standards of responsibility. Such a determination may be made at any time during the evaluation process and through contract negotiation if information surfaces that would result in a determination of nonresponsive. C. Evaluation of Proposals. The evaluation committee will evaluate the remaining proposals and recommend whether to award the contract to the highest scoring consultant or, if necessary, to seek discussion/negotiation in order to determine the highest scoring consultant. All responsive proposals will be evaluated based on stated evaluation criteria. In scoring against stated criteria, the City may consider such factors as accepted industry standards and a comparative evaluation of all other qualified RFP responses. These scores will be used to determine the most advantageous offering to the City. D. Completeness of Proposals. Selection and award will be based on the consultant's proposals and other items outlined in this RFP. Submitted responses may not include references to information located elsewhere, such as Internet websites or libraries, unless specifically requested. Information or materials presented by consultants outside the formal response or subsequent discussion/negotiation, if requested, will not be considered, will have no bearing on any award, and may result in the consultant being disqualified from further consideration. E. Opportunity for Discussion/Negotiation and/or Oral Presentation/ Product Demonstration. 13 1 RFP 17-PW08 After receipt of all proposals and prior to the determination of the award, the City may initiate discussions with one or more consultants should clarification or negotiation be necessary. Consultants may also be required to make an oral presentation and/or product demonstration to clarify their RFP response or to further define their offer. In either case, consultants should be prepared to send qualified personnel to Milton, Georgia to discuss technical and contractual aspects of the submittal. Oral presentations and product demonstrations, if requested, shall be at the consultant's expense. F. Evaluation Committee Recommendation for Contract Award. The evaluation committee will provide a written recommendation for contract award. G. Request for Documents Notice. Upon concurrence with the evaluation committee's recommendation for contract award, the procurement officer may issue a "Request for Documents Notice" to the highest scoring consultant to obtain the required insurance documents, contract performance security, and any other necessary documents. Receipt of the "Request for Documents Notice" does not constitute a contract and no work may begin until a contract signed by all parties is in place. H. Contract Negotiation. The procurement officer and/or city department representatives may begin contract negotiation with the responsive and responsible consultant whose submittal achieves the highest score and is, therefore, the most advantageous to the City. If contract negotiation is unsuccessful or the highest scoring consultant fails to provide necessary documents or information in a timely manner, or fails to negotiate in good faith, the City may terminate negotiations and begin negotiations with the next highest scoring consultant. I. Contract Award. Contract award, if any, will be made to the highest scoring consultant who provides all required documents and successfully completes contract negotiation. 2.4 RIGHTS RESERVED While the City has every intention to award a contract as a result of this RFP, issuance of the RFP in no way constitutes a commitment by the City of Milton to award and execute a contract. Upon a determination such actions would be in its best interest, the City, in its sole discretion, reserves the 14 1 RFP 17-PW08 right to: 1. Modify, cancel or terminate this RFP, 2. Reject any or all proposals received in response to this RFP, 3. Select a consultant without holding interviews, 4. Waive any undesirable, inconsequential, or inconsistent provisions of this RFP which would not have significant impact on any submittal, 5. To request further documentation or information, and to discuss a RFP submittal for any purpose in order to answer questions or to provide clarification, 6. Not award if it is in the best interest of the City not to proceed with contract execution; or 7. If awarded, terminate any contract in accordance with the terms and conditions of the contract if the City determines adequate funds are not available. 15 1 RFP 17-PW08 SECTION 3: SCOPE OF PROJECT 3.0 PROJECT LOCATION h� ' I b I of 16 1 RFP 17-PW08 It shall be the Consultant's responsibility to design, prepare, assemble and coordinate the necessary documents to complete the project. The completed design must comply with all applicable local, state, and federal environmental laws and regulations. Although no federal funding is anticipated on this project, sufficient data should be collected to transition to federal requirements should federal funding become available. At a minimum, the following standards shall be utilized for the project: a. Georgia Department of Transportation (GDOT) Design Policy Manual (current edition), and applicable addenda. b. Georgia Department of Transportation (GDOT) Standards and Specifications (current edition), and applicable addenda. c. AASHTO Standards, latest edition and applicable addenda, including Design of Pavement Structures, Policy on Geometric Design of Highways and Streets, Roadside Design Guide, and applicable addenda. d. Manual on Uniform Traffic Control Devices (MUTCD) current edition, and applicable errata. e. Federal Highway Administration Roundabouts: An Informational Guide, current edition, and all applicable addenda. f. City of Milton Development Regulations. 3.2 SPECIFIC SCOPE OF SERVICES The City of Milton (City), is seeking the services of a professional engineering consultant to conduct an engineering and feasibility study to develop alternative concepts for proposed intersection improvements at Hopewell Road and Bethany Bend/Bethany Way/Bethany Oaks Pointe and proposed intersection improvements at Mayfield Road and Charlotte Drive with a new roadway connection from Mayfield at Charlotte to SR 372/Birmingham Highway at Heritage Walk/McFarlin Lane. There has been some previous work on both of these projects. The intent of the concept updates is to provide modeling based on new traffic data, revisit or present new concept alternatives, present the data to public, collect survey data needed to for design, and deliver a final concept report with recommendations that can move into the design phase. The Hopewell at Bethany project was previously surveyed and the survey data will be provided. The consultant should verify the survey information provided is updated and adequate for design. 17 1 RFP 17-PW08 Previous work on these projects is available to be downloaded HERE (https://files.secureserver.net/OsfTXI rZOsMTP5) Additional information is available on the city's project website and TSPLOST website. The goal of this planning project is to assess the transportation impacts of various improvement alternatives, determine the preferred location for the improvement, conduct a survey of the corridor, prepare mapping, identify environmental impacts and permits required to construct the project and prepare concept plans for three alternatives. The concept plans need to include design features that would be aesthetically pleasing and complement area and to develop in a way that is physically possible and cost effective. The costs to design and construct each concept as well as acquire property need to be estimated. The consultant shall provide a complete set of concept plans for this project. The consultant shall be qualified and the proposal shall demonstrate the ability to prepare a complete set of construction drawings if the City elects to add Task 9 as described below. The engineering/design items include, but are not limited to, site plans, grading and drainage plans, utility plans, erosion, sedimentation and pollution prevention plans, road and drainage profiles, hydrology and stormwater management plans, etc... The work program and study outline consists of following tasks: Task 1: Data Collection Collect the base data needed to analyze existing conditions and determine general travel characteristics in the vicinity of the intersections. The data to be collected or obtained includes: a. Average Daily Traffic (ADTs) volumes on all approaches to both intersections will be provided by the City. b. The City will provide peak hour turning movement counts at each of the intersections c. Accident data/crash diagram in the area of both intersections (within the past 3 years) d. Pedestrian features and facilities as proposed in the City of Milton Trail Master Plan (crosswalks, pedestrian actuated signals and sidewalks) e. Trip generation rates for area generators Task 2: Property Research Perform the property records search of the affected property and obtain the 18 ( RFP 17-PW08 following information: a. Property address, b. Property record volume and page or map/block/lot reference (as applicable), c. Owner's name and mailing address, d. Photocopy of the current Deed, e. Photocopy of any easements, rights-of-way or boundary agreements encumbering the property referenced in the current Deed, f. Photocopy of any maps referenced in the current Deed. Task 3: Property and Topographical Survey Mapping Provide a field run survey to develop construction documents for the intersection improvements. All information will be collected by a field run survey and shall be sufficient to describe approximately 1,000 feet of right-of-way (measured from the center of the intersection) along all legs of both intersections. The project limits will be considered to be the entire width of the right-of-way, plus a minimum of 25 feet on each side or as may be required by the alternatives proposed by the consultant. The survey database shall include, at a minimum, the following information: a. Right-of-way location, b. All improvements within the project limits, including, but not limited to edge of pavement, utilities, sidewalk, drainage structures, curb and gutter, etc...., c. All drainage structures within the project limits. At a minimum identify the pipe size, pipe material, upstream and downstream inverts, end treatments (end of pipe, headwall, etc...). d. Adjacent property owners and property boundary locations, e. The character and location of all walls, fences, buildings, poles, and other visible improvements within the project or within twenty-five feet of the project, f. Driveways, alleys or other means of access on or crossing the project or within twenty-five feet of the project, g. Substantial, visible improvements (in addition to buildings) such as billboards, signs, parking structures, swimming pools, etc..., h. Topographic survey with a minimum of 2 foot topographic contour intervals. Contours shall extend a minimum of twenty-five feet beyond the project limits or as may be required by the design alternatives, 19 1 RFP 17-PW08 i. Provide spot elevations at all critical points such as drainage breaks, high points, low points, edge of pavement etc..., j. Location and type of all overhead and underground utilities within the project limits which may include, but not be limited to, all manholes, catch basins, valve vaults or other surface indications of subterranean uses. k. Ponds, lakes, springs, defined drainage channels or rivers bordering, running through or within twenty-five feet of the premises being surveyed shall be shown, I. The location of any specimen tree within 100 feet of the project limits. Specimen trees will include any beech or magnolia or walnut tree 24" dbh or greater, any other hardwood or pine 27"dbh or greater and any dogwood, redbud or sourwood 8" dbh or greater. Call out tree type, size and show location. Provide digital files of survey (DWG format tied to state plane coordinates and including Benchmark data and datum information) and 2 hard copies of survey signed and sealed by a professional land surveyor licensed and qualified to do business in the State of Georgia. The consultant shall be required to notify all property owners, in writing, of the impending surveys, prior to starting any surveying activities on their property. A copy of the notification shall be provided to the city. The notification letter shall contain, at a minimum, the following information: a. A brief project description, b. The property owners name and address on the notification letter, c. The Company names of the consultant and sub -consultants that will be in the field conducting the surveys or testing, d. Georgia Law, Code 32-2-2(9) which regulates the entry of private property by GDOT, e. The correct contact name and phone number of the consultant or sub - consultant, f. The correct contact name and phone number of the Liaison Engineer for questions about the project. All coordinates are to be on the specified State Plane, Georgia Coordinate System of 1985 - NAD 83/94 adjustment. All vertical traverses shall use the North American Vertical Datum (NAVD) of 1988. 20 1 RFP 17-PW08 Any potential environmental issues in the project area shall be collected or obtained either through field surveys or from existing data files. The City of Milton can provide the following information in support of the survey work: a. 2 -foot aerial topography, b. 2016 aerial photography, Task 4: Traffic Operations and Safety Assessment The data collected under Task 1 will be tabulated, summarized, analyzed, and assessed to identify base conditions and existing traffic operations. Analyses will include, but not limited to, intersection level of service calculations (overall and each direction for both intersections), determination of roadway capacity, vehicular and pedestrian safety problems, and operating speeds and delay. Future (build year) traffic volumes, patterns and operating conditions will be calculated and compared with base year metrics. The assessment of traffic operations in the area will also include an estimation and simulation of traffic patterns based on the future project of traffic growth in the area. This task shall include a site distance evaluation for all legs of the existing and proposed intersections. Task 5: Develop Improvement Scenarios Based on the results of the traffic and safety assessment, at least three (3) possible scenarios for improving the intersections will be developed. Traffic flows will be developed based on the realignment scenario and intersections levels of service. Traffic modeling of the proposed scenarios may include, but not be limited to, a traffic signal warrant analysis and a roundabout analysis. The concept plans need to address possible relocation of underground utilities and any utilities that may need to be shifted to the new right-of-way for the road. Task 6: Prepare Improvement Scenarios and Concept Plans Prepare a schematic plan for the proposed intersection improvements that meets the project design objectives. The concept plans and presentation will include: a. Layout of the concept plans b. Typical cross section, including pedestrian and bicycle elements to be included on layout; c. 3-D visualization and simulation in format that can be loaded on project website and used at public meeting; d. Estimate property acquisition, including both partial and full property takes, and right-of-way costs for all alternatives; e. Estimate design and construction costs for all alternatives; 21 1 RFP 17-PW08 f. Summary of Traffic impact analysis of proposed concepts. Task 7: Public Outreach The project study will include a public outreach effort that will adhere to the principles of a Context Sensitive Solutions approach. It will include a public information meeting, survey/comment cards for the public meeting and the city's website, and project information, documents and plans for the project website. The public will be provided an on-going opportunity to provide input and comment on the project and concept alternatives. During the study, the following outreach efforts will be conducted: Two public information meetings will be held to present all concept alternatives. The consultant will be required to attend and participate in the public information meetings; provide update and information regarding the study for posting on the City's website with clear links to any reports and documents prepared during the study as well as a way to comment on the study. Task 8: Final Report and Public Presentation A final feasibility study will be prepared by the Consultant and reviewed and approved by the City. The final report will be a synthesis of the data collection, analyses, assessments, public input and recommendations. Based on all of the information acquired during this process the Consultant shall provide a recommended alternative. The Consultant will assist in a public presentation of both the preliminary and final report to the Mayor and City Council. Task 9: Construction Documents The City, at its discretion, may choose to negotiate the scope and fees with the Consultant for the development of the construction documents for one or both of the concept plans developed as part of this RFP. 22 1 RFP 17-PW08 SECTION 4: CONSULTANT PROPOSALS 4.0 CITY'S RIGHT TO INVESTIGATE The City may make such investigations as deemed necessary to determine the ability of the consultant to provide the supplies and/or perform the services specified. 4.1 CONSULTANT INFORMATIONAL REQUIREMENTS Firms interested in providing the services described in this RFP should be able to demonstrate experience in the areas described in Section 3. 23 1 RFP 17-PW08 4:144111*] 14111115ST-61i92zZ•7Z•111f,14 ESTABLISHED 2006 MUST BE RETURNED WITH BID One (1) original and two (2) copies shall be submitted in a separate sealed envelope before the required deadline. The offeror's cost proposal shall be signed by an authorized agent of the company. There is no maximum page limit to section 5. The undersigned bidder, having familiarized themselves with the work required by the RFP, the bid documents, the site where the work is to be performed, all laws, regulations, and other factors affecting performance of the work, and having satisfied itself/himself/herself of the expense and difficulties attending performance of the work; Hereby proposes and agrees, if this bid for the above named project is accepted to enter into a contract to perform all work necessary to the successful completion of the contract; and to supply all required submittals as indicated or specified in the RFP and the bid documents to be performed or furnished by bidder for the total contract price of: Total Price Print Total Price in Words Print/Type Company Name Here: Authorized Signature Print/Type Name Print/Type Title ate 24 1 RFP 17-PW08 SECTION 6: EVALUATION CRITERIA 6.0 EVALUATION CRITERIA The evaluation committee will review and evaluate the proposals according to the following criteria: • A selection team for the City will initially evaluate and score all submittals received. • Proposals not meeting the minimum requirements and those who are non-responsive will not be considered. • Cost Proposals will be reviewed after the technical review process. Proposal Evaluation Criteria Qualifications of the design team 25 pts. • Organization strength and stability • Education and experience of the assigned staff • Key personnel's level of involvement • Proximity and availability of key personnel Work Plan • Project approach • Public involvement • Project innovations • Schedule 25 pts. Related Projects and References 25 pts. • Experience and technical competence on similar projects • Previous experience with City of Milton projects • Previous experience as a design team • Quality of the final work product • Ability to meet schedules Price (Section 5) 25 pts. 25 1 RFP 17-PW08 SECTION 7: STANDARD CONTRACT INFORMATION 7.0 STANDARD CONTRACT The City's standard contract is attached to this document as Appendix A. Consultant should notify the City of any terms within the standard contract that preclude them from responding to the RFP. This notification must be made by the deadline for receipt of written/e-mailed questions or with the consultant's RFP response. Any requests for material, substantive, important exceptions to the standard contract will be addressed in any formal written addendum issued by the procurement officer in charge of the solicitation. The City reserves the right to address any non -material, minor, insubstantial exceptions to the standard contract with the highest scoring consultant at the time of contract negotiation. 7.1 ADDITIONAL CONTRACT PROVISIONS AND TERMS This RFP and any addenda, the consultant's RFP response, including any amendments, a best and final offer, any clarification question responses, and any negotiations shall be included in any resulting contract. The City's standard contract, attached as Appendix A, contains the contract terms and conditions which will form the basis of any contract negotiated between the City and the highest scoring consultant. The contract language contained in Appendix A does not define the total extent of the contract language that may be negotiated. In the event of a dispute as to the duties and responsibilities of the parties under this contract, the contract, along with any attachments prepared by the City, will govern in the same order of precedence as listed in the contract. 7.2 SUBCONSULTANT The highest scoring consultant will be the prime consultant if a contract is awarded and shall be responsible, in total, for all work of any sub -consultants. All sub -consultants, if any, must be listed in the proposals. The City reserves the right to approve all sub -consultants. The Consultant shall be responsible to the City for the acts and omissions of all sub -consultants or agents and of persons directly or indirectly employed by such sub -consultants, and for the acts and omissions of persons employed directly by the Consultant. Further, nothing contained within this document or any contract documents created as a result of any contract awards derived from this RFP shall create any contractual relationships between any subcontractor and the City. 7.3 GENERAL INSURANCE REQUIREMENTS See sample contract. 7.4 COMPLIANCE WITH WORKERS' COMPENSATION ACT The Consultant is required to supply the City of Milton with proof of compliance with the Workers' Compensation Act while performing work for the City. Neither the Consultant nor its employees are employees of the City. The proof of 26 1 RFP 17-PW08 insurance/exemption must be received by the City of Milton within 10 working days of the Request for Documents Notice and must be kept current for the entire term of the contract. CONTRACTS WILL NOT BE ISSUED TO VENDORS WHO FAIL TO PROVIDE THE REQUIRED DOCUMENTATION WITHIN THE ALLOTTED TIME FRAME. 7.5 COMPLIANCE WITH LAWS The Consultant must, in performance of work under this contract, fully comply with all applicable federal, state, or local laws, rules and regulations, including the Civil Rights Act of 1964, the Age Discrimination Act of 1975, the Americans with Disabilities Act of 1990, and Section 504 of the Rehabilitation Act of 1973. Any subletting or sub -consulting by the Consultant subjects sub -consultants to the same provision. The Consultant agrees that the hiring of persons to perform the contract will be made on the basis of merit and qualifications and there will be no discrimination based upon race, color, religion, creed, political ideas, sex, age, marital status, physical or mental disability, or national origin by the persons performing the contract. 7.6 CONTRACT TERMINATION See sample contract. Sample Contract Intentionally Omitted .IVU L I- U E57AGL[5HLO i ACKNOWLEDGEMENT RECEIPT OF ADDENDUM #1 RFP 17-PW08 Upon receipt of documents, please email, fax or mail this page to: City of Milton Attn: Honor Motes, Purchasing Office 2006 Heritage Walk Milton, GA 30004 Phone: 678-242-2500 Fax: 678-242-2499 Email: honor.motes@cityofmiltonga.us I hereby acknowledge receipt of documents pertaining to the above referenced RFP. COMPANY NAME: CONTACT PERSON: ADDRESS: CITY: STATE: ZIP: PHONE: FAX: EMAIL ADDRESS: Signature ADDENDUM #1 Date 1 I Page RFP 1 7-PW08-Adden dum #I ADDENDUM #1 RFP 17-PW08 This Addendum forms a part of the contract documents and modifies the original RFP documents as noted below: 1. The "Proposal Letter" that usually appears after the Disclosure Form seems to be missing from the RFP document. It is shown on page 8, Section 1.4, A, #3, as being required. Will it be provided in an addendum? Answer. The Proposal Letter will be required and is provided as part of Addendum # 1 - See below 2. Shall costs for utility investigations be included in the overall price for this RFP? Answer. The utility investigations required to be included in the price for this RFP are described in Section 3.2. 3. Are both feasibility Study & Alternative concepts scoped for this RFP, or feasibility study now & alternative concepts later? Answer. Both the feasibility study and alternative concepts will be part of this RFP 4. Since the utility investigation for these projects was done previously, will it need to be verified as part of this RFP? Answer. Yes, the survey including utilities will need to be verified as part of this RFP. 5. Can you please clarify what is being referred to on page 8 section 1.4, A.3? I do not see anything in the RFP that is titled Proposal letter? Answer: The Proposal Letter will be required and is provided as part of Addendum # 1 - See below 6. Is it safe to assume any addendum forms will not be included in the page count? Answer: Any addendum forms will not count toward the page limit. 7. Is it the city's intention to see the firm's fee proposal only on the tasks listed in the RFP on Task 1 to Task 8? 21 Page RFP 17-PW08-Addendum #1 Answer. Yes, the fee is to be based on tasks 1-8 only. 8. My firm is interested in proposing on the above mentioned project for the City of Milton and wanted to know if all proposers must be qualified with the GDOT or is it okay to have an understanding of all GDOT protocols but not actually qualified with the department? Answer. Consultants do not have to be pre -qualified with Georgia Department of Transportation to submit on this RFP. 31 Page RFP 17-PW08-Addendum #1 HOME OF'-, HE BEST QUALITY OF LIFE IN GEOR'_;,'.' MitTONI ESTABLISHED 2006 RFP# 17-PW08 PROPOSAL LETTER (Bidder to sign and return with proposal) We propose to furnish and deliver any and all of the deliverables and services named in the Request for Proposal (RFP) - City TSPLOST Batch 1 Design Services It is understood and agreed that we have read the City's specifications shown or referenced in the RFP and that this proposal is made in accordance with the provisions of such specifications. By our written signature on this proposal, we guarantee and certify that all items included meet or exceed any and all such City specifications. We further agree, if awarded a contract, to deliver goods and services which meet or exceed the specifications. The City reserves the right to reject any or all proposals, waive technicalities, and informalities, and to make an award in the best interest of the city. PROPOSAL SIGNATURE AND CERTIFICATION I understand collusive bidding is a violation of State and Federal Law and can result in fines, prison sentences, and civil damage awards. I agree to abide by all conditions of the proposal and certify that I am authorized to sign for my company. I further certify that the provisions of the Official Code of Georgia Annotated, Sections 45-10-20 et. seq. have not been violated and will not be violated in any respect. Authorized Signature Print/Type Name. Print/Type Company Name Here RFP 17-PW08 City TSPLOST Batch 1 Design Services ate EXHIBIT "B" MBTON1- CITY HALL Aw m � 0--MA x" Aw m � 0--MA CONTENTS Required Forms A. Design Team 01 B. Work Plan 03 C. Related Projects and References 05 D. Pricing The Cost Proposal can be found in the separate, sealed envelope labeled 'Cost Proposal' Appendix Addendum Acknowledgment Required Forms ESTABLISHED 2006 CITY OF MILTON REQUEST FOR PROPOSALS (THIS IS NOT AN ORDER) RFP Number: RFP Title: 17-PW08 City TSPLOST Batch 1 Design Services Due Date and Time: Phone: 678-242-2500 Local Time: June 6, 2017 Number of Pages: '49 ISSUING DEPARTMENT INFORMATION Return Proposal to: Issue Date: May 15, 2017 Pond & Company City of Milton Phone: 678-242-2500 Public Works Department Fax: 678-242-2499 2006 Heritage Walk Website: www.cityofmiltonga.us Milton, Ga. 30004 Milton, Ga. 30004 INSTRUCTIONS TO CONSULTANTS Return Proposal to: Mark Face of Envelope/Package: Pond & Company RFP Number: 17-PW08 City of Milton Name of Company or Firm Attn: Honor Motes, Purchasing Office Special Instructions: 2006 Heritage Walk Deadline for Written Questions Milton, Ga. 30004 May 26, 2017 58-1639128 Email questions to Honor Motes at CONSULTANTS MUST RETURN THIS COVER SHEET WITH RFP RESPONSE honor.motes@cityofmiltonga.us IMPORTANT: SEE STANDARD TERMS AND CONDITIONS CONSULTANTS MUST COMPLETE THE FOLLOWING Consultant Name/Address: Authorized Ca_- _ I onL-Sionatom Pond & Company � 3500 Parkway Lane, Suite 500 Peachtree Corners, GA 30092 `�� V Please print name and sign in ink Consultant Phone Number: Consultant FAX Number: 678.336.7740 678.336.7744 Consultant Federal I.D. Number: Consultant E-mail Address: 58-1639128 osterlohr@pondco.com CONSULTANTS MUST RETURN THIS COVER SHEET WITH RFP RESPONSE 2006 Heritage Walk Milton, GA 30004 P: 678.242.2500 I F: 678.242.2499 info@cityofmiltongo.us l www.cityofmiltonga.us 4 4 RFP 17-PWOI ESTABLISHED 2006 CITY OF MILTON DISCLOSURE FORM MUST BE RETURNED WITH PROPOSAL This form is for disclosure of campaign contributions and family member relations with City of Milton officials/employees. Please complete this form and return as part of your RFP package when it is submitted. Name of Consultant Pond & Company 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 N/A N/A N/A N/A N/A N/A Please list any family member that is currently (or has been employed within the last 12 months) by the City of Milton and your relation: N/A N/A N/A N/A HOME OF 'THE BEST QUALITY OF LIFE IN GEORGIA' J ESTABLISHED 2006 RFP# 17-PW08 PROPOSAL LETTER (Bidder to sign and return with proposal) We propose to furnish and deliver any and all of the deliverables and services named in the Request for Proposal (RFP) - City TSPLOST Batch 1 Design Services It is understood and agreed that we have read the City's specifications shown or referenced in the RFP and that this proposal is made in accordance with the provisions of such specifications. By our written signature on this proposal, we guarantee and certify that all items included meet or exceed any and all such City specifications. We further agree, if awarded a contract, to deliver goods and services which meet or exceed the specifications. The City reserves the right to reject any or all proposals, waive technicalities, and informalities, and to make an award in the best interest of the city. PROPOSAL SIGNATURE AND CERTIFICATION I understand collusive bidding is a violation of State and Federal Law and can result in fines, prison sentences, and civil damage awards. I agree to abide by all conditions of the proposal and certify that I am authorized to sign for my company. I further certify that the provisions of the Official Code of Georgia Annotated, Sections 45-10-20 et. seq. have not been violated and will not be violated in any respect. Authorized Signature Date June 1, 2017 Print/Type Name Ronald W. Osterloh PE Print/Type Company Name Here Pond & Company RFP 17-PW08 City TSPLOST Batch 1 Design Services 5 1 RFP 17-PV/01 MUST BE RETURNED WITH PROPOSAL 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: 175046 eVerify Number 12/31/08 Date of Authorization Pond & Company Name of Contractor City TSPLOST Batch 1 Design Services City TSPLOST Batch 1 Design Services City of Milton Name of Public Employer I hereby declare under penalty of perjury that the foregoing is true and correct. Executed on June, 1 , 2017 in (city), Georgia (Stator. Peachtree Corners Signature of Authorized Officer or Agent Christopher Scott - Human Resources Manager Printed Name and Title of Authorized Officer or Agent SUBSCRIBED �ND SWORNLFFORE ME ON THIS THE' rV DAY OF �l,i�l�- 201 . NOT4 dP}i31lG- �'i o ® P•��s5st N F+•. �; o 0 -TAR 1'A�•• ° I�Jpi�REA ® '� pUB4�G Q: d My CON aR1- PS� C'L 0 M co G) z M D A. Design Team MILTON *4 -- --- -- Design Team The Pond Team Advantage Extensive experience in similar scale projects and innovative designs, ranging from single lane roundabouts, to multi -lane roundabouts and turbo - roundabouts. The Pond Team has experience with the City of Milton since 2006, including involvement on the GDOT bypass and roundabouts currently being constructed in front of City Hall, the terminus of Downtown Crabapple's Northeast Connector. Organizational Chart ■ Ron Osterloh, PE Design Team M I LTON'Ir Vsr xoos ■ Steve Bitney, PE ■ Pond ■ McKim & Creed Edwards -Pitman ■ Kevin Skinner, PE ■ Arwin Lopez, PE ■ Andres Restrepo, PE ■ Richard Fangmann, PE, PTOE ■ Yolande Stover, PE ■ Cory Brownlee, PE ■ Andrew Antweiler, PE ■ Lane Gortemoller, PE ■ David Vede ■ Graham Malone, PE ■ Julian Lizarazo-Segura ■ Pat Smeeton ■ Eric Lusher, AICP Environmental Screening Public Involvement We can commit to the City of Milton that our team will have the full staff resources necessary to complete the project without delay. Education and Experience Steve Bitney, PE I Project Manager Education: MS, Environmental Engineering, 2009 J BS, Civil Engineering, 1985 Steve has more than 35 years of design and project/ program management experience. His expertise is in complex geometric design, construction staging, drainage analysis and design, quality control, and value engineering. City of Milton I RFP 17-PWOB City TSPLOST Batch t Design Services — — ■ Josh Trawick, RLS, PLS, EIT Jennie Agerton Survey Environmental Our team is accessible to the City, with all key personnel being within a 30 minute or less drive to the site or City offices. Arwin Lopez I Deputy Project Manager Education: BS, Civil Engineering, 2005 Arwin has more than 12 years of experience working on numerous projects with varying complexities. Project experience includes intersection improvements, roundabouts, sidewalk, multi -use trails, new location roads, and widening of urban and rural roadways. MILTON Richard Fangmann, PE, PTOE I Traffic Lead Education: MS, Civil Engineering, 1992 l BS, Civil Engineering, 1991 Richard has more than 24 years of experience in transportation planning, traffic engineering, and conceptual design. He has developed access management plans and innovative intersection improvements to increase mobility along challenged corridors. Andrew Antweiler, PES Traffic Education: MS, Civil Engineering, 2001 / BS, Civil Engineering, 2000 Andrew has 15 years of experience in transportation engineering and planning. His experience includes traffic operations analyses, corridor studies, complete street projects, traffic impact studies, signal warrant analyses, and roundabout feasibility studies. Graham Malone, PE I Traffic; Education: MS, Civil Engineering, 2013 / BS, Civil Engineering, 2007 Graham has worked on several transportation planning efforts ranging from local roadway, corridor plans, and multi -use trail plans to regional transportation and bike/ pedestrian plans. Pat Smeeton I Environmental Screeninci Education: MBA, Business Admin, 2000 / BS, Civil Engineering, 1993 Pat has more than 22 years of experience in environmental planning, project management, and documentation experience. He is well -versed in the changing regulatory environment and understands the role that environmental studies and permitting play in the project delivery process. Eric Lusher, AICP I Public Involvement Education: MS, Urban and Regional Planning, 2005 / BS, Social Science, 2002 / Certificate in Planning Studies, 2002 Eric has more than 15 years of experience and is passionate about finding simple ways to explain complex concepts in order to facilitate consensus within communities and communicate with decision makers. Andres__ Restrepo,_PE_I_Pnnld,,va Design Lead Education: BS, Civil Engineering, 1997 Andres has more than 20 years of experience, including horizontal and vertical alignments, super -elevation, driveways, drainage systems, erosion control, roadway cross sections, pavement design, quantity calculations, cost estimating, and retaining walls. Cory Brownlee, PE I Roadway Design Education: BS, Civil Engineering, 2008 Cory has worked on roadway horizontal alignments, vertical profiles, super elevation transitions and earthwork cross sections, drainage design, sight distance analysis, right-of-way, utility coordination, and intersection design, including several roundabouts, signing and pavement marking design, and final plan preparation. City of Milton I RFP 17-PWOB City TSPLOST Batch 7 Design Services Design Team David Vede I Roadway Desi, Education: MS, Civil Engineering, 2015 / BS, Civil Engineering, 2014 David has worked on horizontal and vertical design, corridors, engineering and landscape & mitigation earthworks design, as well as designing intersections with existing roads and rail crossings. Yo_I_ande Stover, PE_I Roadv,lay Design Lead Education: BS, Civil Engineering, 1993 Yolande has more than 20 years of experience in transportation engineering. She has been involved in many types of roadway design, including intersection improvements, drainage improvements, streetscape enhancements, and roadway widening and/or relocation. Education: BS, Civil Engineering, 2005 Lane's experience includes roadway design and plans production, corridor and intersection studies, maintenance of traffic, and utility impact evaluation for a variety of roadway projects ranging from new location to widening and resurfacing to new construction. Julian Lizarazo-Segura I Roadway Desijn Education: BS, Civil Engineering, 2016 Julian has experience with projects ranging from sidewalk improvements and design to minor roads lane configuration changes, repaving, and bike lane additions. Julian also has experience with utility owner coordination. Kevin Skinner, PE I QA/QC Education: BS, Civil Engineering, 1999 Kevin has more than 17 years of experience. He has been involved in roadway design at all levels. Ron Osterloh, PE I Principal -in -Charge Education: BS, Civil Engineering, 1994 Ron has more than 22 years of experience managing award-winning projects, including the Big Creek Greenway and Maynard Holbrook Jackson, Jr. Boulevard at Hartsfield -Jackson Atlanta International Airport. Josh Trawick, RLS. PLS, EIT I Sur Education: BS, Civil Engineering Technology, SPSU / BS, Survey & Mapping, SPSU Josh has more than 20 years of land surveying, civil design, and construction experience. His diverse past extends across all facets of land surveying. Jennie Agerton - EPEI I Envrionmental Education: MS, Environmental Analysis and Management, 1999 / BS, Environmental Science, 1996 Jennie has more than 17 years of experience. She understands the importance of working closely with the design team to seamlessly blend environmental resources into a project from planning and concept through construction. 0 B. Work Plan MILTON*, urruuo Work Plan Understanding and Approach The Pond Team has athorough understanding of the need for these projects that would serve the heavily traveled streets of downtown Crabapple and the intersections of Hopewell Road with Bethany Bend/Bethany Way. These intersections are in need of operational and safety improvements. The projects will add roundabouts or traffic signals, new streets, turn lanes, and pedestrian and bicycle accommodations to improve the operations and safety of these locations. Our understanding is that the City of Milton will locally fund the design and construction of the roadway improvement. It is assumed that no improvements will be proposed in GDOT ROW and therefore no GDOT permit will be required. Data Collection and Traffic Analysis The Pond Team will meet with the City of Milton to kick- off the project and obtain all of the information already gathered, which includes recently collected traffic counts, including daily volume counts and peak period turning movement counts at the intersections. We may supplement these with additional counts to confirm we capture the issues. Pond will further examine traffic conditions in the field during peak periods to inform the analysis effort. We will obtain accident records and review to determine possible improvements that could reduce accidents in the future. Pond will perform an analysis of existing traffic conditions and develop improvement options. The traffic analysis Mayfield Road and Charlotte Drive Work Plan will utilize Synchro, or the appropriate analysis software, such as Sidra or Vissim. Future year traffic volumes will be developed based on historical traffic count data and expected area growth, with development data provided by the City. An environmental screening will be completed in order to identify sensitive environmental resources that may require permitting or could delay project implementation. While environmental studies have been previously completed for both study areas, we will perform field and database surveys to confirm the existence of resources and identify others, if necessary. The screening will review the eligibility of previously identified historic resources. Although this screening will not include a formal delineation, team archaeologists will investigate the cemetery at the intersection of Bethany Way and Hopewell Road to confirm that no gravesites are with the proximity of any proposed improvements. While there do not appear to be sensitive ecological resources within the study areas, we will complete a field survey to identify any jurisdictional waters and habitat for protected species. Once the screenings are completed, an Environmental Screening Report will be prepared documenting the findings of field and database surveys. The report will also identify the level of environmental documentation and permitting, if any, as well as approval timelines required based on local, state, and federal funding scenarios. Hopewell Road at Bethany Bend/Bethany Way City of Milton T RPP Design City TSPLOST Batchh I Design Services 3 Build upon the City's success Preserve historic resources of recently implemented Design that complements the Context innovative intersection on-going improvements in the Sensitive ensiive improvements area Preserve historic resources Provide acceptable Level of Design Minimize property impacts Service (LOS) for the high traffic movements North to Provide acceptable Level of South and East to West Service (LOS) for the high traffic movements North to South and East to West Address safety concerns City of Milton T RPP Design City TSPLOST Batchh I Design Services 3 MI LTON*-- - - ,1 Work Plan (cont.) Understanding and Approach (cont.) Concept Development Operational analysis will be performed to review the need for turn lanes and appropriate traffic control at the intersections. We will analyze the previously developed preferred concepts, and think creatively to develop alternative options. The options to be developed will consider the project challenges, such as the sense of place to be maintained in the Downtown Crabapple area, and the public's initial reception of the first study conducted at the Bethany Bend location. We will utilize an evaluation matrix to compare benefits of at least three alternatives for each project. To validate the alternatives, we will utilize Vissim software. Pond will document the traffic analysis in a report suitable for City of Milton review. Once the necessary traffic and environmental information has been obtained and reviewed, the Pond Team will prepare high-quality concept plans in preparation for the two (2) public information meetings. Public Outreach and Public Presentation The project's public meetings may be held at the recently relocated City Hall due to the close proximity of the project locations. The project stakeholders identified in previous studies should be engaged to obtain their feedback at the two planned meetings. Our team will prepare 3-D visualization displays and a simulation video of the preferred alternative for use at these public meetings. Our team has vast experience in developing such exhibits on other high profile projects which illustrate to the public the project benefits. Work Plan The Pond Team will assist the City in its public involvement process. The comments and feedback collected from these meetings will be addressed and incorporated into the final recommendations report to be presented to the Mayor and City Council. Property Research and Topographical Survey Mapping Once a consensus of the proposed recommendations has been obtained, the Pond Team will proceed to obtain property and topographical survey as detailed in the City's RFP. The initial utility coordination is proposed in this phase to set the groundwork for a prompt delivery of construction plans if the City of Milton opts to proceed with task 9 as identified in the RFP. Pond is committed to assist in the City's mission to provide "the best quality of life" for its residents with the successful implementation of these projects. The Pond Team looks forward to serving the City of Milton and is prepared to make these projects a success. Pond invests in its staff to retain, challenge, and attract talent. This investment has allowed the team to become a cohesive unit which has successfully delivered various projects throughout the last couple of years. This history leads to a collaborative traffic design staff that will be key to the success of these projects. The Pond Team and following schedule have been put together to meet the City's Capital Improvement timeline for these projects. 3rd Qtr 2018 4th Qtr 2018 1st Qtr 2019 2nd Qtr 2019 3rd Qtr 2019 MMOMMMOMOMMMM Traffic Analysis memo Public involvement 0 me Me Preliminary Plans Kim RFP Scope of Services City of Milton I RFP 17-PW08 City TSPLOST Batch 1 Design Senrices --- -- — — _--- — 4 Design ■ Pond McKim & Creed 1 i City of Milton POM G. Related Projects and References DM zm or �D i mm m mo �o -o m�Q z Or mm C() C) --i U) MILTON't, Hopewell Birmingham Roundabout Milton, Georgia The Pond Team provided multiple design alternatives for the intersection of a major north -south movement with a stop condition side road. The recommended design was a three-legged roundabout. One of the three legs was a dual entry approach, while the other two were single lane approaches, one of which included a bypass lane. The site had unique geometrical challenges. One of the northern approach legs had longitudinal steep grades which impaired appropriate sight distance. Additionally, this approach had transverse steep slopes that abut the site of a future public community center, which required Freemanville Road Roundabout Milton, Georgia The Pond Team successfully provided data gathering, concept development, public involvement, and topographical survey services, and has now progressed into design. The project consists of the design of a single - lane roundabout to be designed with the provision to be retrofitted to a multi -lane design in the future. As part of the design phase, Pond has provided concept update City of Milton I RFP 17-PW08 City TSPLOST Batch 1 Design Services Related Projects and References coordination with design of the site. The center of the roundabout was positioned to avoid a major utility cluster located near the intersection of the existing roads. The design provided the improved longitudinal grade to provide adequate sight distance. This design also enhanced the visibility of the proposed center of the roundabout. All of this was achieved while also minimizing the encroachment onto the future site of the community center. Special consideration was taken to provide roundabout geometry that would manage speeds, especially from the approach, which has steeper grades. Reference City of Milton Sarah Leaders P: 678.242.2559 1 E: sara.leaders@cityofmiltonga.us Status/Outcome of Services Including Schedule, Budget: Project was delivered on time and within budget. Personnel Involved: Ron Osterloh, PE (PIC); Kevin Skinner, PE (QA/QC); Arwin Lopez, PE (Deputy PM, Lead Design); Richard Fangmann, PE, PTOE (Traffic); Andres Restrepo, PE (Roadway) due to traffic variations since the concept development attributable to the recently completed GDOT roundabout at the intersection of SR 372/Birmingham Hwy and Providence Road. The Pond Team alerted the City of the new traffic patterns and has been working provide the best solution for its residents and the traveling public. Reference City of Milton Sarah Leaders P: 678.242.2559 1 E: sara.leaders@cityofmiltonga.us Status/Outcome of Services Including Schedule, Budget: Project is on budget. Preliminary Plans and Right-of-way plans are to be submitted in July. Personnel Involved: Ron Osterloh, PE (PIC); Steve Bitney, PE (PM); Arwin Lopez, PE (Deputy PM); Andrew Antweiler, PE (Traffic); Graham Malone, PE (Traffic) PiOM MILTON � Eal'SUUu Wieuca Road at Phipps Boulevard Roundabout Atlanta, Georgia The Pond Team was selected to analyze the intersection of Wieuca Road and Phipps Boulevard, which is a heavily congested intersection. It was determined that the solution for the traveling public and pedestrian traffic was to construct a roundabout. This roundabout needs to link the residential and commercial communities at the human scale. It was necessary to create a functional and aesthetically pleasing design. Challenges on this project inluded: obtaining public consensus, fitting the Morris Road Improvements Alpharetta, Georgia - - — Related Projects and References roundabout within the constraints of the area, providing facilities for pedestrians and bike traffic, setting the horizontal and vertical alignments to minimize impacts to the adjacent properties, minimize impacts to the existing utilities, and maintain traffic during construction. This project is a show -piece for the CID; Pond's Landscape Architecture Studio provided several alternative options to present to the CID and the public. Reference Buckhead Community Improvement District (CID) Darion Dunn P: 404.932.1540 1 E: ddunn@buckheadcid.com Status/Outcome of Services Including Schedule, Budget: Pond is currently in preliminary plan design. Personnel Involved: Ron Osterloh, PE (PIC); Steve Bitney, PE (PM); Arwin Lopez, PE (Deputy PM, Lead Design); Richard Fangmann, PE, PTOE (Traffic); Andrew Antweiler, PE (Traffic); Pat Smeeton (Environmental); Graham Malone, PE (Traffic) Pond is preparing roadway design plans for capacity and operational improvements for this 0.5 mile road. Pond prepared the conceptual layout and traffic analysis, recommending widening a portion of the road to a five -lane section, installing a single -lane roundabout at an unsignalized intersection, and maintaining a three - lane section along the majority of the roadway. Other responsibilities included design of preliminary plans, staging plans to minimize disruption of existing traffic patterns while maximizing the use of existing pavement, drainage design, Right -of -Way Plans, and final plan preparation. City of PLOSton T RFP h I PWOB Design City TSPLCST Batch 1 Design Services 6 Reference City of Alpharetta Geoff Sarra P: 678.297.6200 1 E: gsarra@alpharetta.ga.us Status/Outcome of Services Including Schedule, Budget: Projects is within budget ($215,000) and is ahead of schedule to submit Right -of -Way Plans Personnel Involved: Ron Osterloh, PE (PIC); Arwin Lopez, PE (PM); Graham Malone, PE (Traffic); Cory Brownlee, PE (Roadway); Max Veve (Roadway); Andrew Antweiler, PE (Traffic) D. Pricing Pricing The Cost Proposal can be found in the separate, sealed envelope labeled `Cost Proposal'. City of Milton I RFP 17•PW08 City TSPLOST Batch 1 Design Services Pricing 23 1 RFP 17-PW08 SECTION 5: COST PROPOSAL ESTABLISHED 1006 MUST BE RETURNED WITH BID One (1) original and two (2) copies shall be submitted in a separate sealed envelope before the required deadline. The offeror's cost proposal shall be signed by an authorized agent of the company. There is no maximum page limit to section 5. The undersigned bidder, having familiarized themselves with the work required by the RFP, the bid documents, the site where the work is to be performed, all laws, regulations, and other factors affecting performance of the work, and having satisfied itself/himself/herself of the expense and difficulties attending performance of the work; Hereby proposes and agrees, if this bid for the above named project is accepted to enter into a contract to perform all work necessary to the successful completion of the contract; and to supply all required submittals as indicated or specified in the RFP and the bid documents to be performed or furnished by bidder for the total contract price of: Total Price $ 55,000.00 Print Total Price In Words Fifty -Five Thousand Dollars Print/Type Company Name Here: Pond & Company Authorized Print/Type Name Ronald W. Osterloh, PE Print/Type Title Senior Vice President D D� 0-0 77m z 0 X rD Mo �0 �m �z m0 z �K Appendix Addendum Acknowledgment HOME OF' CS7A6II51I ID 20Ju ACKNOWLEDGEMENT RECEIPT OF ADDENDUM #1 RFP 17-PW08 Upon receipt of documents, please email, fax or mail this page to: City of Milton Attn: Honor Motes, Purchasing Office 2006 Heritage Walk Milton, GA 30004 Phone: 678-242-2500 Fax: 678-242-2499 Email: honor.motes@cityofmiltonga.us I hereby acknowledge receipt of documents pertaining to the above referenced RFP. COMPANY NAME: Pond & Company CONTACT PERSON: Ronald W. Osterloh, PE ADDRESS: 3500 Parkway Lane, Suite 500 CITY: Peachtree Corners STATE: Georgia ZIP: 30092 PHONE: 678.336.7740 FAX: 678.336, 7744 EMAIL ADDRESS: osterlohr@pondco.com June 1, 2017 Signature Date ADDENDUM #1 11Page RFP 17-PW08-Addendum #1 3500 Parkway Lane Suite 500 P4CNN OmPeachtree Comers, GA 30092 0 2017 P 678.336.7740 F 678.336.7744 www.pondco.com EXHIBIT "C" See Exhibit "N' Section 3 ("Scope of Project") and Exhibit "B" Section B ("Work Plan"). Tasks 1-8 are included, with Task 9 an option to be added at the discretion .of the City, price and tuning for Task 9 to 'be separately negotiated. STATE OF Georgia COUNTY OF Gwinnett EXIBBIT "D" CONTRACTOR AFFIDAVIT AND AGREEMENT By executing this affidavit, the undersigned contractor verifies its compliance with O.C.G.A. § 13-10-91, stating affirmatively that the individual, firm, or corporation which is engaged in the physical performance of services on behalf of the City of Milton, Georgia has registered with, is authorized to use and uses the federal work authorization program commonly known as E -Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines .established in O.C.G.A. § 13-10-91.. Furthermore,. the undersigned contractor will continue to use the federal work authorization program throughout. the contract. period and the undersigned contractor will contract for the physical performance of services in satisfaction of such contract only with subcontractors who present an affidavit to the contractor with the inforination 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: 175046 Federal Work Authorization Luer Identification Number 12/31/08 Date of Authorization POND & COMPANY Name of Contractor TSPLOST Batch 1 Design Services Name of Project City of Milton,. Georgia Name of Public Employer I hereby declare under penalty of perjury that the foregoing is true and correct. Executed on July 11 , 2017 in Peachtree Corners (city),.Georgia (state). Signature of Authorized Officer or Agent ('hr*-,tnnhPr Scott - Human Resources Manager Printed Name and Title. of Authorized Officer. or Agent SUBSCRIBED AND SWORN BEFORE ME ON 1 111 'THE DAY OF NOTt$V10 VIjsi,y: ti's • � +' • PUBLIC My Comin4s STATE OF COUNTY OF EXHIBIT "E" SUBCONTRACTOR AFFIDAVIT By executing this affidavit, the undersigned subcontractor verifies its compliance with O.C.G.A. § 13-10- 91, stating affirmatively that the individual, firm or corporation which is engaged in the physical performance of services under a contract with POND & COMPANY on behalf of the City of Milton, Georgia has. registered with, is authorized to use and uses the federal work authorization program commonly known as 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 areas follows: Federal Work Authorization User Identification Number Date of Authorization Name of Subcontractor TSPLO.ST Batch 1 Design Services Name of Project City of Milton. Georgia Name of Public Employer I hereby declare under penalty -of perjury that the foregoing is true and correct. Executed on , 20 in (city), (state). Signature of Authorized Officer or Agent Printed Name and Title of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE DAY OF 20 NOTARY PUBLIC [NOTARY SEAL] My Commission Expires: EXHIBIT "F". N/A EXHIBIT "G" Please see schedule on page 4 of Exhibit "B". M I LTO Not ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: July 18, 2017 FROM: Steven Krokoff, City Manager/ AGENDA ITEM: Approval of a Task Order to Provide TSPLOST Program Management MEETING DATE: Monday, July 24, 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. (,�KAPPROVED () NOT APPROVED PLACED ON AGENDA FOR: o n 1I'd 2 611 2006 Heritage Walk Milton, GA P: 678.242.2500 1 F: 678.242.2499 0000 infoQcityofmiltonga.us I www.cityofmiltonga.us To: Honorable Mayor and City Council Members From: Sara Leaders, PE, Transportation Engineer Date: Submitted on July 18, 2017 for the July 24, 2017 Regular City Council Meeting Agenda Item: Approval of a Task Order to Provide TSPLOST Program Management _____________________________________________________________________________________ Project Description: The City of Milton TSPLOST program will require monthly support from the program management team through BM&K. These services will include overall coordination with all team members, program budgets and cash flow, overall schedule and lettings, cash based scheduling, coordinating milestone reviews, and providing updates and reporting to City Staff. Procurement Summary: Purchasing method used: Task Order Related to Original RFP Account Number: 335-4101-541400000 Requisition Total: $750,000 ($150,000 encumbrance per fiscal year) Vendor DBA: BM&K, PC Financial Review: Bernadette Harvill, 7/18/17 Legal Review: Jarrard & Davis, LLP – Sam VanVolkenburgh, 6/22/17 Attachment(s): Task Order TASK ORDER TO PROVIDE TSPLOST PROGRAM MANAGEMENT PROFESSIONAL SERVICES AGREEMENT FOR PROGRAM MANAGEMENT SERVICES THIS TASK ORDER between the parties is entered into pursuant to the above-referenced Professional Services Agreement (RFQ #17-PW01), incorporated herein by reference, and shall serve as authorization by City of Milton to BM&K, P.C. (referred to herein alternately as “Consultant” and “BM&K”) to perform the services described herein pursuant to the terms and conditions, mutual covenants and promises provided herein and in the Professional Services Agreement. NOW, THEREFORE, for and in consideration of the mutual promises, the public purposes, and the acknowledgements and agreements contained herein, and other good and adequate consideration, the sufficiency of which is hereby acknowledged, the Parties do mutually agree as follows: Description of Services: The City of Milton TSPLOST program will require monthly support from the program management team through BM&K. These services will include overall coordination with all team members, program budgets and cash flow, overall schedule and lettings, cash based scheduling, coordinating milestone reviews, and providing updates and reporting to City Staff. Timing: This task order will extend over the life of the TSPLOST or until the projects reach a point where these services are no longer needed as determined by the City of Milton. Compensation: This task order is based upon 40 hrs per month of program manager rates for an estimated 60 months. The task order also includes BM&K team hours for attending coordination meetings and providing support to City staff. All services are to be billed at hourly rates that are part of Agreement. The overall task order shall not exceed $750,000. Attachments: None Approved by City Council _____________________________ Mayor _____________________________ Date See following page for additional signatures CITY OF MILTON: CONSULTANT: By: __________________________ By: ________________________________ Title:_________________________ Title:_______________________________ Name:________________________ Name:______________________________ Date: ________________________ Date: ______________________________ MILTON ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: July 18, 2017 FROM: Steven Krokoff, City Manager AGENDA ITEM: Approval of a Task Order to Provide Advanced Right of Way Appraisals MEETING DATE: Monday, July 24, 2017 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (q1A PPROVED (J NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: (, II ES () NO CITY ATTORNEY REVIEW REQUIRED: (,YES () NO APPROVAL BY CITY ATTORNEY: (, APPROVED (J NOT APPROVED PLACED ON AGENDA FOR: of I LNI 2olj 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: Sara Leaders, PE, Transportation Engineer Date: Submitted on July 18, 2017 for the July 24, 2017 Regular City Council Meeting Agenda Item: Approval of a Task Order to Provide Advanced Right of Way Appraisals _____________________________________________________________________________________ Project Description: The City is requesting advanced appraisals on two parcels for the Hopewell Rd at Bethany Bend/Way project. These will help determine the impacts and approach as design begins. The services to be provided under this task order are for two parcels and include pre-acquisition coordination, appraisal level 2.4 with proximity study, septic analysis, and septic cost to cure if needed. Procurement Summary: Purchasing method used: Task Order Related to Original RFP Account Number: 335-4101-541400004 Requisition Total: $15,000 Vendor DBA: BM&K, PC Financial Review: Bernadette Harvill, 7/18/17 Legal Review: Jarrard & Davis, LLP – Sam VanVolkenburgh, 6/22/17 Attachment(s): Task Order TASK ORDER TO PROVIDE ADVANCED RIGHT OF WAY APPRAISALS FOR HOPEWELL RD AT BETHANY BEND/BETHANY WAY PROFESSIONAL SERVICES AGREEMENT FOR PROGRAM MANAGEMENT SERVICES THIS TASK ORDER between the parties is entered into pursuant to the above-referenced Professional Services Agreement (RFQ #17-PW01), incorporated herein by reference, and shall serve as authorization by City of Milton to BM&K, P.C. (referred to herein alternately as “Consultant” and “BM&K”) to perform the services described herein pursuant to the terms and conditions, mutual covenants and promises provided herein and in the Professional Services Agreement. NOW, THEREFORE, for and in consideration of the mutual promises, the public purposes, and the acknowledgements and agreements contained herein, and other good and adequate consideration, the sufficiency of which is hereby acknowledged, the Parties do mutually agree as follows: Description of Services: The City is requesting appraisals on 2 of the parcels (Parcel ID 22 477008920807 and 22 477008920328) for the Hopewell Rd at Bethany Bend/Way project based on a concept layout. We realize that the appraisals will need to be updated with final areas as we develop final plans. The impacts should not be any greater that as shown on the concept layout. This will help us determine the impacts and approach as we get into design. The services to be provided under this task order are for two parcels and include pre-acquisition coordination, appraisal level 2.4 with proximity study, septic analysis, and septic cost to cure if needed. Timing: This task order will be completed within 4 months of notice to proceed by the City. Compensation: This task order shall not exceed $15,000 based upon the rates that are part of the Agreement. Attachments: None Approved by City Council _____________________________ Mayor _____________________________ Date See following page for additional signatures CITY OF MILTON: CONSULTANT: By: __________________________ By: ________________________________ Title:_________________________ Title:_______________________________ Name:________________________ Name:______________________________ Date: ________________________ Date: ______________________________ MILTONjl� ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: July 19, 2017 FROM: Steven Krokoff, City Manage AGENDA ITEM: Approval of Subdivision Plats and Revisions Approval MEETING DATE: Monday, July 24, 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: () YES ('f NO CITY ATTORNEY REVIEW REQUIRED: () YES (q"'O APPROVAL BY CITY ATTORNEY: () APPROVED (J NOT APPROVED PLACED ON AGENDA FOR: (,-712y)2-ol? 2006 Heritage Walk Milton, GA P: 678.242.25001 F: 678.242.2499 info@cityofmiltonga.us I www.cityofmiltonga.us 0000 To: Honorable Mayor and City Council Members From: Kathleen Field, Community Development Director Date: Submitted on July 18, 2017 for the July 24, 2017 Regular Council Meeting Agenda Item: Approval of Subdivision Plats and Revisions Approval ____________________________________________________________________________ Department Recommendation: To approve the subdivision related plats and revisions as stated below. Executive Summary: The Milton Subdivision Regulations require that the Mayor and City Council approve all Final Plats, final Plat Re-recording, Revisions and Minor Plats once the matter has been reviewed and certified by the Community Development Director in accordance with the Subdivision Regulations. Funding and Fiscal Impact: None. Alternatives: Do not approve. Legal Review: None – not required. Concurrent Review: Steven Krokoff, City Manager Attachment(s): Plat List, Location Map, Plats Consent Agenda Plats Staff Memo Page 2 of 5 Name of Development / Location Action Comments / # lots Total Acres Density 1. 13360 Freemanville LL 956 & 989 Freemanville Road Minor Plat 2 Lots 4.5 2.25 Lots / acre Consent Agenda Plats Staff Memo Page 3 of 5 Consent Agenda Plats Staff Memo Page 4 of 5 Consent Agenda Plats Staff Memo Page 5 of 5 TO: FROM: AGENDA ITEM: MEETING DATE: MI LTN 1P ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM City Council DATE: July 17, 2017 Steven Krokoff, City Manage Proclamation Recognizing Jasmine Stewart as Masterchef Junior Challenge Winner. Monday, July 24, 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 (,,KN0 APPROVAL BY CITY ATTORNEY. () APPROVED (J NOT APPROVED PLACED ON AGENDA FOR: o-11214120 11 2006 Heritage Walk Milton, GA 0000 P: 678.242.25001 F: 678.242.2499 info@cityofmiltongo.us I www.cityofmiltonga.us Recognizing Jasmine Stewart – 2017 Master Chef Junior Champion WHEREAS, Jasmine Stewart has been a Milton resident since she was born and is currently a student at the Ron Clark Academy where this fall she will enter the 7th grade, and; WHEREAS, Jasmine first developed a passion for cooking when she was helping her Mom in the kitchen when she was three years old, and; WHEREAS, Jasmine was one of over 5,000 children between eight and thirteen years of age who participated in an open casting call nationwide, including over 500 children from the Atlanta area, and; WHEREAS, Jasmine was named one of the 40 contestants for the 2017 Master Chef Junior competition, was eliminated in the competition, and then cooked her way back into the competition, and; WHEREAS, Jasmine’s combination of humility, her Jamaican roots, and her brilliant meals allowed her to win the Master Chef Junior 2017 competition and take home the $100,000 first place prize; we are proud that she is a part of our community. Now, therefore, we, the Mayor and City Council of the City of Milton, hereby dictate and proclaim Monday, July 24th as “Jasmine Stewart Appreciation Day” in the City of Milton, Georgia. Given under our hand and seal of the City of Milton, Georgia on this 24th day of July, 2017. _________________________________ Joe Lockwood, Mayor MILTON ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: July 17, 2017 FROM: Steven Krokoff, City Manager AGENDA ITEM: Proclamation Recognizing Chris and Zach Giannini Appreciation Day. MEETING DATE: Monday, July 24, 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 (41NO CITY ATTORNEY REVIEW REQUIRED: () YES Q -NO APPROVAL BY CITY ATTORNEY: () APPROVED (J NOT APPROVED PLACED ON AGENDA FOR: ,, )1 2.'4� 2011 2006 Heritage Walk Milton, GA 0000 P: 678.242.25001 F: 678.242.2499 info@cityofmiltonga.us I www.cityofmiltonga.us Chris and Zach Giannini Appreciation Day WHEREAS, Chris and Zach Giannini, both of whom are 12 years old, have been residents of the City of Milton since 2008, and; WHEREAS, Chris and Zach attend Northwestern Middle School where they are members of the Junior Beta Club, Northwestern Wildcat Ambassadors and are on the Principal’s Honor Roll, and; WHEREAS, Chris and Zach have participated in many different sports programs including Hopewell Baseball Milton Steelers and they were highly inspired to give back to the community and volunteered to help out the Parks and Recreation Department, and; WHEREAS, Chris and Zach took on the renovation and repair of both fences at the Bethwell Community Center, including the replacement of damaged boards, scraping off of old paint and repainting the fences, and; WHEREAS, these young men are champions not only on the field, but also in the classroom, in the community and in life; we are proud that Chris and Zach are part of the future of Milton, Georgia. Now, therefore, we, the Mayor and City Council of the City of Milton, hereby dictate and proclaim Monday, July 24th as “Chris and Zach Giannini Appreciation Day” in the City of Milton, Georgia. Given under our hand and seal of the City of Milton, Georgia on this 24th day of July, 2017. _________________________________ Joe Lockwood, Mayor MILTON ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE:J 17, 2017 FROM: Steven Krokoff, City Manager AGENDA ITEM: Consideration of A Resolution of the City of Milton, Georgia Regarding Possible Extension to Existing Moratorium Barring Until July 25, 2017, the Acceptance of Applications for Concept Plan Approval and Applications for Issuance of Land Disturbance Permits for Property Located within the Crabapple Form Based Code District That is Adjacent to the Boundaries of the Crabapple Form Based Code District. MEETING DATE: Monday, July 24, 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: WYES () NO CITY ATTORNEY REVIEW REQUIRED: (4"YES () NO APPROVAL BY CITY ATTORNEY. (APPROVED (J NOT APPROVED PLACED ON AGENDA FOR: G� (ILI120,1 2006 Heritage Walk Milton, GA P: 678.242.2500 1 F: 678.242.2499 0000 info@cityofmiltonga.us I www.cityofmiltonga.us A P O O D f D S T < a m o 0 9) C p Q O 0 9 o o 3 m 'm s m ;'oG_�O�aN mAd"2m amm a f CL d IC 3 Oo'�go3>> p p c_ d a o 0 3NO»�➢o < e� 'd�O3 spa�p d o O �a�»�Po � CL 53 H i N O O d _, p � O n � v n 3 � 6=0 o c�3daS ? ryn y (D d O f/ w y C O L O C � m a m c 3. n a� am�m� w crm to o o ow y V 0 v ?. 0 3 m m m �m 1000 d a m O p ? O C ^ d N N N -0 S � �n a 30 0 c d 3 S C av o a C. dFr o o S. S o0 0 N y S O Q N O ? 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CD CD m �C CL m O CD m w < a v 0 CD CL 'n a� o m cc w m a w 7 0 w M 7 A n 0 a � N N w m CL :3 Q CD Ka O N CL a� C CD y 0 3 CL cD o 0 C oas _ m 7 O 0 w w CL= CD n m 0 = X n � m w p 'O m o 0 0 ppm'v Z W :� T Q Z V O V -4- o Q O N n -� O p. CD E3 `Vm■ D � � (D O { CD N_ � V Q (Q V @ o cD 0 A O N c Q � N O MVM W ons O 'o �3 o MILTON�111N ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: July 17, 2017 FROM: Steven Krokoff, City Manager V AGENDA ITEM: Consideration of the Issuance of an Alcohol Beverage License to PLP Restaurant #6, LLC, DBA Peace Love and Pizza, 12640 Crabapple Road, Suite 100, Milton, Georgia 30004. MEETING DATE: Monday, July 24, 2017 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (✓J APPROVED (J NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: () YES (.1NO CITY ATTORNEY REVIEW REQUIRED: () YES (�'NO APPROVAL BY CITY ATTORNEY: () APPROVED (J NOT APPROVED PLACED ON AGENDA FOR: v ) I L14)201) 2006 Heritage Walk Milton, GA P: 678.242.25001 F: 678.242.2499 infoacityofmiltonga.us I www.cityofmiltonga.us 0000 To: Honorable Mayor and City Council Members From: Bernadette Harvill, Finance Director Date: Submitted on June 16, 2017, for the July 24, 2017 Regular Council Meeting Agenda Item: Consideration of the Issuance of an Alcohol Beverage License to PLP Restaurant #6, LLC, DBA Peace Love and Pizza, 12640 Crabapple Road, Suite 100, Milton, Georgia 30004 ____________________________________________________________________________ Department Recommendation: Approve the issuance of an alcohol beverage license for PLP Restaurant #6, LLC, DBA Peace Love and Pizza for consumption on premise of Wine and Malt Beverages. Executive Summary: City of Milton Code of Ordinance Chapter 4 allows for the issuance of alcohol beverage licenses to businesses that properly submit application for and meet all of the legal requirements to hold such license. This application was submitted due to opening of a new establishment. . Staff has processed the application and recommends issuance of the applicable license for: Business Name: PLP Restaurant #6, LLC, DBA Peace Love and Pizza Contact Name: Joe Ardagna Business Address: 12640 Crabapple Road, Suite 100, Milton, GA 30004 Type of License: Consumption on Premise – Wine and Malt Beverages Funding and Fiscal Impact: There is a positive fiscal impact of license fees and/or monthly excise taxes. Alternatives: None. Legal Review: Not required. Concurrent Review: Steven Krokoff, City Manager Kathleen Field, Director of Community Development MI1 LTO ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: July 17, 2017 FROM: Steven Krokoff, City Manager AGENDA ITEM: Consideration of the Issuance of an Alcohol Beverage License to Milton Pie LLC, DBA Your Pie, 2955 Bethany Bend, Suite 400, Milton, Georgia 30004. MEETING DATE: Monday, July 24, 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: (J YES ( KNO CITY ATTORNEY REVIEW REQUIRED: (J YES (KNO APPROVAL BY CITY ATTORNEY: () APPROVED (J NOT APPROVED PLACED ON AGENDA FOR: an i LCA) 101 2006 Heritage Walk Milton, GA P: 678.242.25001 F: 678.242.2499 info@cityofmiltongo.us I www.cityofmiltonga.us 0000 To: Honorable Mayor and City Council Members From: Bernadette Harvill, Finance Director Date: Submitted on June 16, 2017, for the July 24, 2017 Regular Council Meeting Agenda Item: Consideration of the Issuance of an Alcohol Beverage License to Milton Pie LLC, DBA Your Pie, 2955 Bethany Bend, Suite 400, Milton, Georgia 30004 ____________________________________________________________________________ Department Recommendation: Approve the issuance of an alcohol beverage license for Milton Pie LLC, DBA Your Pie for consumption on premise of Wine and Malt Beverages. Executive Summary: City of Milton Code of Ordinance Chapter 4 allows for the issuance of alcohol beverage licenses to businesses that properly submit application for and meet all of the legal requirements to hold such license. This application was submitted due to opening of a new establishment. . Staff has processed the application and recommends issuance of the applicable license for: Business Name: Milton Pie LLC, DBA Your Pie Contact Name: Jacob Patterson Business Address: 2955 Bethany Bend, Suite 400, Milton, GA 30004 Type of License: Consumption on Premise – Wine and Malt Beverages Funding and Fiscal Impact: There is a positive fiscal impact of license fees and/or monthly excise taxes. Alternatives: None. Legal Review: Not required. Concurrent Review: Steven Krokoff, City Manager Kathleen Field, Director of Community Development MILTONt ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: July 17, 2017 FROM: Steven Krokoff, City Manager er D AGENDA ITEM: Consideration of the Issuance of an Alcohol Beverage License to Barnyard Spirits LLC, DBA Barnyard Spirits, 15840 Birmingham Highway, Suite B, Milton, Georgia 30004. MEETING DATE: Monday, July 24, 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: (J YES (ANO CITY ATTORNEY REVIEW REQUIRED: () YES (Y 1O APPROVAL BY CITY ATTORNEY: () APPROVED () NOT APPROVED PLACED ON AGENDA FOR: 611 LLti 2.01 ) 2006 Heritage Walk Milton, GA P: 678.242.25001 F: 678.242.2499 info@cityofmiltonga.us I www.cityofmiltonga.us 0000 To: Honorable Mayor and City Council Members From: Bernadette Harvill, Finance Director Date: Submitted on June 16, 2017, for the July 24, 2017 Regular Council Meeting Agenda Item: Consideration of the Issuance of an Alcohol Beverage License to Barnyard Spirits LLC, DBA Barnyard Spirits, 15840 Birmingham Highway, Suite B, Milton, Georgia 30004 ____________________________________________________________________________ Department Recommendation: Approve the issuance of an alcohol beverage license for Barnyard Spirits LLC, DBA Barnyard Spirits for package retail of Wine, Malt Beverages and Distilled Spirits. Executive Summary: City of Milton Code of Ordinance Chapter 4 allows for the issuance of alcohol beverage licenses to businesses that properly submit application for and meet all of the legal requirements to hold such license. This application was submitted due to request to add Malt Beverages to their Alcohol License. Barnyard Spirits currently holds an alcohol beverage license for Wine and Distilled Spirits. Staff has processed the application and recommends issuance of the applicable license for: Business Name: Barnyard Spirits LLC, DBA Barnyard Spirits Contact Name: David Essary Business Address: 15840 Birmingham Highway, Suite B, Milton, GA 30004 Type of License: Package Retail – Wine, Malt Beverages and Distilled Spirits Funding and Fiscal Impact: There is a positive fiscal impact of license fees and/or monthly excise taxes. Alternatives: None. Legal Review: Not required. Concurrent Review: Steven Krokoff, City Manager Kathleen Field, Director of Community Development mol FROM: MILTON')� ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM City Council DATE: July 17, 2017 Steven Krokoff, City Manage AGENDA ITEM: Consideration of the Issuance of a Limited Alcohol Beverage License to AR Workshop North Georgia LLC, DBA AR Workshop Milton, 12640 Crabapple Road, Suite 240, Milton, Georgia 30004, for Bring Your Own Beverage (BYOB) and Incidentals. MEETING DATE: Monday, July 24, 2017 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (/f APPROVED () NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: () YES (.1NO CITY ATTORNEY REVIEW REQUIRED: () YES (,Y 'NO APPROVAL BY CITY ATTORNEY: () APPROVED (J NOT APPROVED PLACED ON AGENDA FOR: of 12-41 ul-) 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: Bernadette Harvill, Finance Director Date: Submitted on July 3, 2017, for the July 24, 2017 Regular Council Meeting Agenda Item: Consideration of the Issuance of a Limited Alcohol Beverage License to AR Workshop North Georgia LLC, DBA AR Workshop Milton, 12640 Crabapple Road, Suite 240, Milton, Georgia 30004, for Bring Your Own Beverage (BYOB) and Incidentals ____________________________________________________________________________ Department Recommendation: Approve the issuance of a limited alcohol beverage license to AR Workshop North Georgia LLC, DBA AR Workshop Milton for limited consumption on premise of Wine and Malt Beverages for Bring Your Own Beverage (BYOB) and Incidentals. Executive Summary: City of Milton Code of Ordinance Chapter 4 allows for the issuance of limited alcohol beverage licenses to businesses that properly submit application for and meet all of the legal requirements to hold such license. This application was submitted due to opening of a new establishment. Staff has processed the application and recommends issuance of the applicable license for: Business Name: AR Workshop North Georgia LLC, DBA AR Workshop Milton Contact Name: Rachel and Terry Price Business Address: 12640 Crabapple Road, Suite 240, Milton, GA 30004 Type of License: Limited Consumption on Premise – Wine and Malt Beverages Funding and Fiscal Impact: There is a positive fiscal impact of license fees and/or monthly excise taxes. Alternatives: None. Legal Review: Not required. Concurrent Review: Steven Krokoff, City Manager Kathleen Field, Director of Community Development TO: FROM: MILTON ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM City Council DATE: July 17, 2017 Steven Krokoff, City Manager �" AGENDA ITEM: Consideration of T17-01 - 1 and 3 Verizon Place by Verizon Wireless c/o Troutman Sanders LLP for a proposed rooftop antenna and a request for; 1) Waiver from Section 54-6(b) to allow roof top antennas to be located less than 3,500 feet from an existing telecommunications facility; and 2) Waiver from Section 54-6(h) to allow the rooftop antennas and associated structures to project 13 feet rather than the maximum ten feet above the roofline. MEETING DATE: Monday, July 24, 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 (.,f IN CITY ATTORNEY REVIEW REQUIRED: () YES (ANO APPROVAL BY CITY ATTORNEY: () APPROVED (J NOT APPROVED PLACED ON AGENDA FOR: o-, ILK 1L01 1 2006 Heritage Walk Milton, GA P: 678.242.2500 1 F: 678.242.2499 0000 info@cityofmiltonga.us I www.cityofmiltonga.us Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on July 24, 2017 (First Presentation on July 10, 2017) 7/20/2017 Page 1 of 14 T17-01 PETITION NUMBER: T17-01 PROPERTY INFORMATION: ADDRESS 1 and 3 Verizon Place DISTRICT, LAND LOT 2/2 1114, 1115, 1118, 1119 EXISTING ZONING T-6 (Transect Zone) – Deerfield Form Based Code ACRES 43.42 Acres EXISTING USE Verizon Wireless Office Buildings REQUESTED ATTACHED WIRELESS FACILITY: Installation of antennas on the roof of 1 and 3 Verizon Place. REQUESTED WAIVERS: 1) Waiver from Section 54-6(b) to allow roof top antennas to be located less than 3,500 feet from an existing telecommunications facility; and 2) Waiver from Section 54-6(h) to allow the rooftop antennas and associated structures to project 13 feet rather than the maximum ten feet above the roofline. PETITIONER: Verizon Wireless 10300 Old Alabama Road Connector Alpharetta, GA 30022 OWNER: Cellco Partnership P.O. Box 2549 Addison, TX 75001 ATTORNEY: Jennifer B. Alewine Troutman Sanders LLP 600 Peachtree St NE #5200 Atlanta, GA 30308 STAFF RECOMMENDATION – JUNE 28, 2017 APPROVAL CONDITIONAL of T17-01 and Waivers 1 and 2 PLANNING COMMISSION RECOMMENDATION – JUNE 28, 2017 APPROVAL CONDITIONAL of T17-01 and Waivers 1 and 2 – 6-0 Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on July 24, 2017 (First Presentation on July 10, 2017) 7/20/2017 Page 2 of 14 T17-01 LOCATION MAP Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on July 24, 2017 (First Presentation on July 10, 2017) 7/20/2017 Page 3 of 14 T17-01 SITE PLAN SUBMITTED ON MARCH 24, 2017 Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on July 24, 2017 (First Presentation on July 10, 2017) 7/20/2017 Page 4 of 14 T17-01 Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on July 24, 2017 (First Presentation on July 10, 2017) 7/20/2017 Page 5 of 14 T17-01 Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on July 24, 2017 (First Presentation on July 10, 2017) 7/20/2017 Page 6 of 14 T17-01 ONE VERIZON BUILDING – Submitted February 27, 2017 Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on July 24, 2017 (First Presentation on July 10, 2017) 7/20/2017 Page 7 of 14 T17-01 THREE VERIZON BUILDING – Submitted February 27, 2017 Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on July 24, 2017 (First Presentation on July 10, 2017) 7/20/2017 Page 8 of 14 T17-01 DISTANCE FROM PROPOSED ANTENNA TO CLOSEST EXISTING TELECOMMUNICATIONS FACILITY APPROXIMATELY 2,974 FEET Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on July 24, 2017 (First Presentation on July 10, 2017) 7/20/2017 Page 9 of 14 T17-01 Background: This is the first application for new telecommunications equipment that has been reviewed since the adoption of the Telecommunications Ordinance (Chapter 54 of the City Code) on December 7, 2009. Previously, this type of request had been applied for within the Zoning Ordinance as a Use Permit. Staff notes that this request is not for a traditional monopole tower, but for antenn as to be installed on the roof of One Verizon and Three Verizon office buildings within the Verizon Wireless campus at the corner of Deerfield Parkway and Morris Road. This type of equipment nonetheless still requires a full review and approval by the Mayor and City Council. Verizon Wireless is requesting to install two sets of antennas with two antennas on One Verizon and one antenna on Three Verizon. The purpose is to provide 4G LTE technology for wireless voice and data services, especially for the Verizon Wireless campus itself. Verizon states that capacity issues on the Windward and Leeward (On the east side of GA 400) sites affect network performance and customer experience. Placing antennas on the roof of the Verizon Headquarter buildings will help alleviate the congestion by absorbing the traffic from employees and users in the parking lots and exterior areas on/near the Verizon Campus. In regards to the existing LTE coverage with the antennas, the dominant signal provided by the proposed antennas on the roof of the buildings will allow customers to benefit from the improved coverage with faster speeds and better overall performance. It will also will improve the Windward and Leeward sites further improving the network and customer experience. Each antenna has a 12’x12’ lease area on the roof. The height of each of the proposed antennas is 13 feet in height. The rooftop height of both buildings is 30.8 feet and once installed, the top of the antenna will be 43.8 feet. This request was first presented at the May 24, 2017 Planning Commission Meeting. Just prior to the meeting, the City Attorney determined that instead of a Concurrent Variance, a “waiver” would be required pursuant to the Telecommunication Ordinance and therefore the revised would need to be re-advertised accordingly. At the May 24, 2017 Planning Commission Meeting, the request was deferred to June 28, 2017 to allow for the required advertising. Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on July 24, 2017 (First Presentation on July 10, 2017) 7/20/2017 Page 10 of 14 T17-01 Survey of Requests Waiver #1 - Waiver from Section 54-6(b) to allow roof top antennas to be located less than 3,500 feet from an existing telecommunications facility. Staff has discovered that the proposed roof antenna is less than 3,500 feet (approximately 2,974 feet) from an existing facility located at 12910 Hwy 9. Waiver #2 - Waiver from Section 54-6(h) to allow the rooftop antennas and associated structures to project 13 feet rather than the maximum ten feet above the roofline. The applicant has requested a waiver for the height (no antenna can project more than 10 feet above the roof line). These waivers may be achieved through approval action by the Mayor and City Council under the provisions of the Telecommunications Ordinance. STAFF ANALYSIS OF REQUIREMENTS IN THE TELECOMMUNICATION ORDINANCE (CHAPTER 54 OF THE CITY CODE) General Requirements – Sec. 54-5 The applicant’s submittal appears to meet the requirements as listed in Sec. 54-5 of the Telecommunications Ordinance. Staff notes that there is not a need for a landscape plan as the antennas are on top of a building and existing landscaping provides adequate screening. Telecommunications facility permits shall be reviewed by the Mayor and City Council in accordance with the standards set forth in this chapter. Approval of any application for the construction of a new tower or placement of an antenna shall be based on consideration of the following factors: (1) Demonstrated need for proximity to residential structures and residential district boundaries: The proposed antennas are located within a 49 acre office park, with Lake Deerfield development located to the northeast, which is approximately 515 feet away from the closest roof top antenna. In addition, based on the balloon test and photo simulations, the proposed antenna will not be seen within the property when standing in the same direction of the townhomes. Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on July 24, 2017 (First Presentation on July 10, 2017) 7/20/2017 Page 11 of 14 T17-01 (2) Demonstrated need for the proposed height of the tower: The applicant has submitted the RF study and has demonstrated that the proposed 13 foot high antenna on top of the buildings will provide the needed coverage for this location. See coverage maps above. (3) Minimal impact on the use of adjacent properties: It is Staff’s opinion that the type and size of proposed antenna, will have a minimum impact on the use of adjacent properties as demonstrated by the results of the balloon tests. (4) Surrounding topography, tree coverage and foliage that buffer the potential visual impact of the telecommunications facility: The existing mature trees and foliage surrounding the subject buildings and the size of the antenna provide more than adequate buffer from the surrounding uses. (5) Design of the facility, with particular reference to design characteristics which have the effect of reducing or eliminating visual obtrusiveness, to include consideration of s tealth technology installations: The antennas will be painted black or match the roof color as recommended by the Design Review Board at its May 2, 2017 meeting, to blend in with the parapet and ballast mounted on the roof tops of both buildings. (6) Proposed ingress and egress: There will be no ingress and egress required as the service entrances already e xist. (7) Availability of suitable existing towers, other structures, or alternative/emerging technologies (microcells) not requiring the use of towers or structures: This applicant stated that this request is specifically for the Verizon owned building and no other structures or towers were considered. (8) Demonstrated need for the telecommunications facility at the specified site: The applicant’s Radio Frequency Design Engineer’s presentation which is part of the application demonstrates the need for this request. Please see coverage maps above. Also, Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on July 24, 2017 (First Presentation on July 10, 2017) 7/20/2017 Page 12 of 14 T17-01 there are no other facilities within a half mile of the subject site as shown on the following map. (9) With reference to the City of Milton Existing Tower Map, as amended; The exhibit below lists the existing towers within the City of Milton. Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on July 24, 2017 (First Presentation on July 10, 2017) 7/20/2017 Page 13 of 14 T17-01 Development requirements for Towers – Sec. 54-6 Staff has reviewed all development requirements and all are met except for the two waivers as applied by the applicant. Staff Recommendation Based on consideration of the factors listed above, Staff recommends APPROVAL CONDITIONAL of T17-01 and Waivers 1 and 2 as requested by the applicant. If the Mayor and City Council chooses to approve the request, Recommended Conditions are listed below. Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on July 24, 2017 (First Presentation on July 10, 2017) 7/20/2017 Page 14 of 14 T17-01 RECOMMENDED CONDITIONS If this petition is approved by the Mayor and City Council, the telecommunication facilities at One and Three Verizon Place should be approved subject to the owner/applicant’s agreement to the following enumerated conditions. 1) To the owner’s/applicant’s agreement to abide by the following: a) To the telecommunication facility application (including site plans, building elevations, and details of roof antennas) received by the Community Development Department on February 27, 2017 including subsequent revisions and or additions to the application. b) Waiver #1 to allow the roof antennas to be located less than 3,500 feet from an existing telecommunications facility (Sec. 54-6(b)). c) Waiver #2 to allow the roof top antennas and associated structures to project more than ten feet above the roof line (Sec. 54-6(h)). d) All antennas shall be painted black or a color which matches the roof color. Page 1 of 3 ORDINANCE NO. PETITION NO. T17-01 STATE OF GEORGIA COUNTY OF FULTON AN ORDINANCE TO APPROVE NEW ROOFTOP ANTENNAS LOCATED AT ONE AND THREE VERIZON PLACE AND TO APPROVE TWO WAIVERS AS PERMITTED IN SEC. 54-9 OF THE CITY OF MILTON ORDINANCES. BE IT ORDAINED by the City Council for the City of Milton, Georgia while in regular session on July 24, 2017 at 6:00 p.m. as follows: SECTION 1. That the new telecommunication facility (roof top antennas) located at One and Three Verizon Place and two waivers 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 24th Day of July, 2017. Approved: ______________________ Joe Lockwood, Mayor Attest: ___________________________ Sudie Gordon, City Clerk (Seal) Page 2 of 3 RECOMMENDED CONDITIONS If this petition is approved by the Mayor and City Council, the telecommunication facilities at One and Three Verizon Place should be approved subject to the owner/applicant’s agreement to the following enumerated conditions. 1) To the owner’s/applicant’s agreement to abide by the following: a) To the telecommunication facility application (including site plans, building elevations, and details of roof antennas) received by the Community Development Department on February 27, 2017 including subsequent revisions and or additions to the application. b) Waiver #1 to allow the roof antennas to be located less than 3,500 feet from an existing telecommunications facility (Sec. 54-6(b)). c) Waiver #2 to allow the roof top antennas and associated structures to project more than ten feet above the roof line (Sec. 54-6(h)). d) All antennas shall be painted black or a color which matches the roof color. Page 3 of 3 REVISED SITE PLAN SUBMITTED ON MARCH 24, 2017 TO: FROM: M ILTO ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM City Council DATE: July 17, 2017 Steven Krokoff, City Manager O AGENDA ITEM: Consideration of an Ordinance to Amend Chapter 2, Article VI, Division 11, to Revise the City's Procurement Policy with Respect to the Definition of Professional Services; the Competitive Procurement Requirements for Such Services; and for Other Lawful Purposes Policies, Section 2-621 - Scope. MEETING DATE: Monday, July 24, 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: kfYES () NO CITY ATTORNEY REVIEW REQUIRED: (vKYES () NO APPROVAL BY CITY ATTORNEY: (,KAPPROVED (J NOT APPROVED PLACED ON AGENDA FOR: o7 iL`f) 261 � 2006 Heritage Walk Milton, GA P: 678.242.25001 F: 678.242.2499 info@cityofmiltongo.us I www.cityofmiltonga.us 0000 To: Honorable Mayor and City Council Members From: Stacey Inglis, Assistant City Manager Date: Submitted on July 3, 2017 for the July 10, 2017 Regular City Council Meeting (First Presentation) and July 24, 2017 Regular City Council Meeting (Unfinished Business) Agenda Item: Consideration of an Ordinance to Amend to Chapter 2, Article VI, Division 11, to Revise the City’s Procurement Policy with Respect to the Definition of Professional Services; the Competitive Procurement Requirements for Such Services; and for Other Lawful Purposes. Department Recommendation: Approve the amendment as presented. Executive Summary: Each department is responsible for reviewing their policies to ensure they remain relevant, effective and efficient. Upon review of our purchasing policy and, in particular, the professional services definition, we have found when comparing it with other jurisdictions, that it is more restrictive and, at times, has hindered our ability to operate efficiently. The city’s current definition reads: “For the purposes of this paragraph, the term “professional services” shall mean services requiring a specialized bachelor’s degree or a graduate degree and also requiring licensing or certification by a Georgia statewide or national authorizing entity including, but not limited to, engineering and architectural services, accounting s ervices and legal services.” We would like to bring the definition in-line with what our neighboring cities include in their policies. The change would remove the requirement for degrees and licensure or certification to recognize that not all professions require both, such as engineers. The proposed definition allows for individuals or firms that have “expertise due to advanced, specialized education, training, licensure or skill customarily acquired either by prolonged course of study or equivalent experience.” Also, our current policy allows for an exemption of the competitive procurement procedures for professional services when the value of the service is $30,000 or less. In our survey of other cities, the limit was anywhere from $25,000 to $250,000. We are proposing to increase the limit to $50,000 to match our threshold for competitive bidding through sealed bids or requests for proposals. Doing so would give staff the ability to obtai n professional services in a timely, more efficient manner while maintaining our policy of being sound financial stewards of the funds our citizens entrust us with. Funding and Fiscal Impact: N/A Alternatives: The alternative would be to keep the professional services definition as is or to propose a different definition. Legal Review: Sam VanVolkenburg with Jarrard & Davis, email dated 6/28/2017. Concurrent Review: Steve Krokoff, City Manager Bernadette Harvill, Finance Director Kathleen Field, Community Development Director Carter Lucas, Assistant City Manager ORDINANCE NO. STATE OF GEORGIA COUNTY OF FULTON AN ORDINANCE TO REVISE THE CITY’S PROCUREMENT POLICY WITH RESPECT TO THE DEFINITION OF PROFESSIONAL SERVICES; THE COMPETITIVE PROCUREMENT REQUIREMENTS FOR SUCH SERVICES; AND FOR OTHER LAWFUL PURPOSES. The Council of the City of Milton hereby ordains, while in regularly called Council meeting on the 24th day of July, 2017 at 6:00 p.m., as follows: WHEREAS, pursuant to Section 6.31 of the City Charter of the City of Milton, and other powers vested in the City, the City is authorized to prescribe procedures for a system of centralized purchasing for the City; and, WHEREAS, the City has adopted a formal Purchasing Policy, codified at Chapter 2, Article VI, Division 11 of the City’s Code of Ordinances; and, WHEREAS, the City desires to update its Purchasing Policy to reflect the current best practices in competitive procurement of services requiring specialized skill and subject-matter expertise; NOW THEREFORE, THE COUNCIL OF THE CITY OF MILTON HEREBY ORDAINS as follows: 1. That Chapter 2, Article VI, Division 11 of The Code of the City of Milton, Georgia, is hereby amended by deleting the text of Section 2-621 and replacing it with the following text: The scope of this purchasing policy covers the procurement of all materials and services without regard to the past method by which the material or service has been or is customarily procured. The policy covers all contractual and purchase agreements between the City of Milton and another legal entity or person. The procurement function includes the initial agreement/purchase, renewals, changes and/or re-negotiations. This policy establishes the specific responsibility and authority for the procurement of materials and services. 2. That Chapter 2, Article VI, Division 11 of The Code of the City of Milton, Georgia, is hereby amended by adding a new paragraph (1) to subsection 2-6216(b), and renumbering all subsequent paragraphs accordingly. The new paragraph (1) shall contain the following text: Exception for Professional Services. The quotation/bidding requirements of this subsection (b) do not apply to contracts for professional services, so long as the anticipated value of such services is $50,000 or less. The city may, in its sole discretion, utilize competitive procurement methods in the procurement of professional services, irrespective of the exemption noted above. For the purposes of this Division, the term “professional services” shall mean services requiring the exercise of substantial discretion and independent judgment, rendered by an individual or firm having expertise due to advanced, specialized education, training, licensure or skill customarily acquired either by a prolonged course of study or equivalent experience. “Professional services” include certified public accountancy, actuarial services, architecture, landscape architecture, interior design, licensed or accredited appraising, licensed or accredited financial analysis providing opinions of value, professional engineering, veterinary medicine, land surveying, and law. “Professional services” generally do not include skilled or licensed trades such as the installation, maintenance and repair of HVAC, plumbing, electrical wiring, and vehicles. The purchasing office shall make the final determination regarding which services are classified as professi onal services. 3. That all Ordinances, parts of Ordinances, or regulations in conflict herewith are hereby repealed. 4. That this Ordinance shall become effective upon a majority vote by the City Council as ratified by the Mayor of the City of Milton, Georgia. SO ORDAINED this 24th day of July, 2017. Approved: _______________________________ Joe Lockwood, Mayor Attest: ___________________________ Sudie Gordon, City Clerk (CITY SEAL) MILTONIr ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: July 19, 2017 FROM: Steven Krokoff, City Manager ull� AGENDA ITEM: Consideration of Subdivision Plat Approval MEETING DATE: Monday, July 24, 2017 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (APPROVED () NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: () YES (NO CITY ATTORNEY REVIEW REQUIRED: () YES (41NO APPROVAL BY CITY ATTORNEY. () APPROVED (J NOT APPROVED PLACED ON AGENDA FOR: v-)11LI) 20i 2006 Heritage Walk Milton, GA P: 678.242.25001 F: 678.242.2499 info@cityofmiltonga.us I www.cityofmiltonga.us 0000 To: Honorable Mayor and City Council Members From: Kathleen Field, Community Development Director Date: Submitted on July 18, 2017 for the July 24, 2017 Regular Council Meeting Agenda Item: Consideration of Subdivision Plat Approval ____________________________________________________________________________ Department Recommendation: To approve the subdivision related plats and revisions as stated below. Executive Summary: The Milton Subdivision Regulations require that the Mayor and City Council approve all Final Plats, final Plat Re-recording, Revisions and Minor Plats once the matter has been reviewed and certified by the Community Development Director in accordance with the Subdivision Regulations. Funding and Fiscal Impact: None. Alternatives: Do not approve. Legal Review: None – not required. Concurrent Review: Steven Krokoff, City Manager Attachment(s): Plat List, Location Map, Plats New Business Agenda Plats Staff Memo Page 2 of 7 Name of Development / Location Action Comments / # lots Total Acres Density 1. Milton Crossing LL 263 & 314 Freemanville Road Final Plat 29 Lots 40.81 1.4 Lots / acre New Business Agenda Plats Staff Memo Page 3 of 7 New Business Agenda Plats Staff Memo Page 4 of 7 New Business Agenda Plats Staff Memo Page 5 of 7 New Business Agenda Plats Staff Memo Page 6 of 7 New Business Agenda Plats Staff Memo Page 7 of 7 ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: July 19, 2017 FROM: Steven Krokoff, City Manager AGENDA ITEM: Consideration of A Resolution In Support of Georgia General Assembly House Bill 419 (2017) MEETING DATE: Monday, July 24, 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: (BYES () NO APPROVAL BY CITY ATTORNEY: (JAPPROVED () NOT APPROVED PLACED ON AGENDA FOR: 0112-1,112-0") 2006 Heritage Walk Milton, GA 0000 P: 678.242.2500 I F: 678.242.2499 info@cityofmiltonga.us I www.cityofmiltonga.us Page 1 of 6 STATE OF GEORGIA RESOLUTION NO. COUNTY OF FULTON A RESOLUTION IN SUPPORT OF GEORGIA GENERAL ASSEMBLY HOUSE BILL 419 (2017) WHEREAS, during the 2017 legislative session of the Georgia General Assembly, House Bill (“HB”) 419 was introduced to amend the Official Code of Georgia Annotated (“O.C.G.A.”) § 25-10-2(b)(3) to subject the use or ignition of consumer fireworks to local noise ordinances; WHEREAS, attached hereto marked Exhibit A is the latest version of HB 419 which was tabled in the Senate on March 28, 2017, the day before the Senate adjourned sine die; WHEREAS, presently O.C.G.A. § 25-10-2(b)(3)(B)(i) provides that consumer fireworks may be used or ignited on any day between the time of 10:00 A.M. up to and including the ending time of 9:00 P.M.; WHEREAS, presently O.C.G.A. § 25-10-2(b)(3)(B)(ii) provides, in part, that consumer fireworks may be used or ignited on any day after 9:00 P.M. up to and including the time of 11:59 P.M. provided such use or ignition is in conformance with any applicable local noise ordinance; WHEREAS, HB 419 proposes to amend O.C.G.A. § 25-10-2(b)(3)(B) by merging subsections (i) and (ii) so that consumer fireworks may be used or ignited on any day between the time of 10:00 A.M. up to and including the end time of 11:59 P.M. provided such use or ignition is in conformance with any applicable local noise ordinance; WHERAS, HB 419 proposes to amend O.C.G.A. § 25-10-2(b)(3)(D) to clarify which days and times around the New Year’s Day and Independence Day holidays consumer fireworks may be used or ignited; WHEREAS, HB 419 proposes to amend O.C.G.A. § 25-10-2(b)(3)(E) to clarify that further regulations and restrictions regarding the use or ignition of consumer fireworks may be enacted by the Governor following a declaration of drought by the Department of Natural Resources; WHEREAS, O.C.G.A. § 36-60-24(a) and (b) provide, in part, that the governing authority of a municipal corporation may not prohibit or regulate the use or ignition of consumer fireworks unless such prohibition or regulation is expressly authorized by general law; WHEREAS, the proposed amendments to § 25-10-2(b)(3) through HB 419 clarify that the local governing authority may, with the exception of those specified days around the New Year’s Day and Independence Day holidays, regulate the use or ignition of consumer fireworks in conformance with the applicable local noise ordinance, provided such noise ordinance does not treat consumer fireworks differently from any other sound; WHEREAS, the City of Milton has an adopted noise ordinance, codified in the City’s Code of Ordinances at Chapter 20 (Environment), Article VII (Noise Control); Page 2 of 6 WHEREAS, it is anticipated that HB 419 will proceed through the state’s legislative cycle once the General Assembly reconvenes for its next regular legislative session; and WHEREAS, the passage of HB 419, as drafted, is beneficial to the City by allowing the City to locally regulate the use or ignition of consumer fireworks in compliance with the City’s noise ordinance most days of the year. NOW THEREFORE BE IT RESOLVED by the Mayor and Council of the City of Milton that the passage of HB 419 (2017), as drafted, is in the best interest of the citizens of the City and we do hereby provide support in the adoption of such legislation by the General Assembly and execution by the Governor. SO RESOLVED, this _____ day of _____________, 2017. _______________________________ Joe Lockwood, Mayor Attest: __________________________ Sudie AM Gordon, City Clerk Page 3 of 6 EXHIBIT A Text of House Bill 419 (2017) (Version LC 41 1187S) 17 LC 41 1187S - 1 - The Senate Committee on Public Safety offered the following substitute to HB 419: A BILL TO BE ENTITLED AN ACT To amend Code Section 25-10-2 of the Official Code of Georgia Annotated, relating to1 prohibited fireworks activities, so as to subject the use or ignition of consumer fireworks to2 noise ordinances of counties and municipal corporations; to provide for related matters; to3 repeal conflicting laws; and for other purposes.4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:5 SECTION 1.6 Code Section 25-10-2 of the Official Code of Georgia Annotated, relating to prohibited7 fireworks activities, is amended by revising subparagraphs (b)(3)(B), (b)(3)(D), and (b)(3)(E)8 as follows:9 "(B) Except as provided for in subparagraph (D) or (E) of this paragraph and subject10 to paragraph (4) of this subsection and Code Section 25-10-2.1, it shall be lawful for11 any person, firm, corporation, association, or partnership to use or ignite or cause to be12 ignited any consumer fireworks:13 (i) Except as provided for in divisions (ii) through (v) of this subparagraph, on On14 any day beginning at the time of 10:00 A.M. and up to and including the ending time15 of 9:00 P.M.;16 (ii) On any day after the time of 9:00 P.M. and up to and including the time of 11:5917 P.M. if such use or ignition is lawful pursuant to any noise ordinance of the county18 or municipal corporation of the location in which such use or ignition occurs, except19 as otherwise provided for under this subparagraph; provided, however, that no such20 noise ordinance shall treat consumer fireworks differently from any other sound; and21 provided, further, that a county or municipal corporation may additionally require the22 issuance of a special use permit pursuant to subparagraph (D) of this paragraph for23 use or ignition;24 (iii)(ii) On January 1, July 3, and July 4, and December 31 of each year and any day25 recognized and observed as a public and legal holiday pursuant to Code Section 1-4-126 17 LC 41 1187S - 2 - and the two days prior to such dates or days and the two days after such dates or days27 after the time of 9:00 P.M. 10:00 A.M. and up to and including the time of 11:5928 P.M.; and29 (iv)(iii) On January 1 of each year beginning at the time of 12:00 Midnight and up30 to and including the ending time of 1:00 A.M.;31 (iv) On any Friday after the time of 6:00 P.M. and up to and including the time of32 11:59 P.M., if such Friday is prior to any date or day provided for under division (ii)33 of this subparagraph; and34 (v) On any Saturday after the time of 10:00 A.M. and up to and including the time35 of 11:59 P.M., if such Saturday is prior to any date or day provided for under division36 (ii) of this subparagraph."37 "(D) Any person, firm, corporation, association, or partnership may use or ignite or38 cause to be ignited any consumer fireworks as provided for under divisions (3)(B)(ii)39 (3)(B)(i) and (3)(C)(v) of this subsection if such person, firm, corporation, association,40 or partnership is issued a special use permit pursuant to the law of a governing authority41 of a county or municipal corporation for the use or ignition of consumer fireworks in42 a location within such county or municipality as provided for under divisions (3)(B)(ii)43 (3)(B)(i) and (3)(C)(v) of this subsection, provided that such special use permit is44 required for such use or ignition. Such special use permit shall designate the time or45 times and location that such person, firm, corporation, association, or partnership may46 use or ignite or cause to be ignited such consumer fireworks. A fee assessed by a47 county or municipal corporation for the issuance of a special use permit pursuant to this48 subparagraph shall not exceed $100.00. No governing authority or official of a county,49 municipality, or other political subdivision shall bear liability for any decisions made50 pursuant to this Code section.51 (E) Whenever the Governor issues a declaration of drought Department of Natural52 Resources declares a drought response of Level 1 or higher, or its equivalent, for an53 area, the Governor may, for the boundaries of the area covered by such drought54 declaration, enact further regulations and restrictions concerning the use of consumer55 fireworks than provided for under this chapter; provided, however, that no such further56 regulations or restrictions on the use of consumer fireworks shall be effective pursuant57 to this subparagraph on January 1, July 3, July 4, or December 31 of any year;58 provided, further, that such further regulations or restrictions shall only apply to the59 exact prohibiting any person, firm, corporation, association, or partnership to ignite or60 cause to be ignited consumer fireworks in the boundaries of the area covered by such61 declaration and shall only apply with regard to the ignition of consumer fireworks; and62 provided, further for the duration of such declaration; provided, however, that upon63 17 LC 41 1187S - 3 - expiration or conclusion of such declaration, such further regulations or restrictions64 shall be rescinded by law."65 SECTION 2.66 All laws and parts of laws in conflict with this Act are repealed.67