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Agenda Packet - CC - 03/19/2018
2006 HERITAGE WALK, MILTON, GA 30004 ǀ 678.242.2500 ǀ WWW.CITYOFMILTONGA.US Persons needing special accommodations in order to participate in any City meeting should call 678.242.2500. Joe Lockwood, Mayor CITY COUNCIL Peyton Jamison Matt Kunz Laura Bentley Burt Hewitt Joe Longoria Rick Mohrig CITY COUNCIL CHAMBERS City Hall Monday, March 19, 2018 Regular Council Meeting Agenda 6:00 PM INVOCATION – Sarah LaDart 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. 18-091) 4) PUBLIC COMMENT MILTON CITY COUNCIL REGULAR COUNCIL MEETING MARCH 19, 2018 Page 2 of 4 Persons needing special accommodations in order to participate in any City meeting should call 678.242.2500. 5) CONSENT AGENDA 1. Approval of the March 5, 2018 Regular City Council Meeting Minutes. (Agenda Item No. 18-092) (Sudie Gordon, City Clerk) 2. Approval of a Construction Services Agreement between the City of Milton and D A F Concrete, Inc. for Traffic Calming Measures. (Agenda Item No. 18-093) (Sara Leaders, Transportation Engineer) 3. Approval of a Professional Services Agreement between the City of Milton and Kittleson & Associates, Inc. for Hopewell at Bethany Roundabout Peer Review. (Agenda Item No. 18-094) (Sara Leaders, Transportation Engineer) 4. Approval of a Professional Services Agreement between the City of Milton and InterDev, LLC. For a GIS Assessment. (Agenda Item No. 18-095) (David Frizzell, IT Manager) 5. Approval of a Parks and Recreation Department Facility Use Agreement between the City of Milton and Halftime Sports LLC. (Agenda Item No. 18-096) (Jim Cregge, Parks and Recreation Director) 6. Approval of a Contract Extension for a Professional Services Agreement to Provide Medical Direction to Milton Fire-Rescue. (Agenda Item No. 18-097) (Bob Edgar, Fire Chief) 6) REPORTS AND PRESENTATIONS 1. Update on Large Lot Incentives. (Carter Lucas, Assistant City Manager) 7) FIRST PRESENTATION (None) 8) PUBLIC HEARING (None) MILTON CITY COUNCIL REGULAR COUNCIL MEETING MARCH 19, 2018 Page 3 of 4 Persons needing special accommodations in order to participate in any City meeting should call 678.242.2500. 9) ZONING AGENDA 1. Consideration of RZ18-01 - 2915 Webb Road - To rezone from T-4 Open to T-5 to develop a 105,170 square foot self-storage facility on 3.339 acres by Piedmont Atlantic Capital, LLC. (Agenda Item No. 18-080) (First Presentation at March 5, 2018 Regular City Council Meeting) (Kathleen Field, Community Development Director) 2. Consideration of RZ18-06/U18-01/VC18-01- 3505 Bethany Bend – To rezone from O-I (Office-Institutional) to O-I (Office Institutional), A use permit for a private school (Sec. 64-1831) to increase the size of the existing school from 6,000 square feet to 9,500 square feet and the number of students from 150 to 220 students and a concurrent variance to delete the landscape strip from 20 feet to 0 feet where the existing turnaround is located (Sec. 64-1090(a)) on 2.89 acres by Wisderium, LLC. (Agenda Item No. 18-081) (First Presentation at March 5, 2018 Regular City Council Meeting) (Kathleen Field, Community Development Director) 3. Consideration of U18-02/U18-03/VC18-02 -12655 Birmingham Hwy – To request a use permit for Apartments (Sec. 64-1839) and a use permit for Senior Housing (Sec. 64-1834) to develop 42 condominiums on 4.37 acres at a density of 9.6 units per acre and a concurrent variance to delete the required 300 cubic feet of separate, contiguous storage space for each dwelling unit (Sec. 64-1839 (8)) by Strawberry Fields Milton LLC. (Agenda Item No. 18-082) (First Presentation at March 5, 2018 Regular City Council Meeting) (Kathleen Field, Community Development Director) 4. Consideration of ZM18-01/VC18-04 – Southeast Quadrant of Birmingham Hwy and Birmingham Road, by OHC Birmingham LLC to request a zoning modification and concurrent variance for the following: 1) Request to modify RZ2004-116, Condition 2.a. to the Revised plan Dated February 2, 2018; 2) Request to modify ZM14-03 – To delete Condition 6.c., the reference to the village green; 3) A Concurrent Variance to delete the 75 foot undisturbed buffer and 10 foot improvement setback along the south property line of the MIX-zoning district adjacent to AG-1 – Sec. 64-1142(a)(3.)b; and 4) A Concurrent Variance to reduce the Village Green in the southeast Quadrant from 13,000 square feet – Sec. 64-1324(b). (Agenda Item No. 18-083) (First Presentation at March 5, 2018 Regular City Council Meeting) (Kathleen Field, Community Development Director) MILTON CITY COUNCIL REGULAR COUNCIL MEETING MARCH 19, 2018 Page 4 of 4 Persons needing special accommodations in order to participate in any City meeting should call 678.242.2500. 5. Consideration of RZ18-02 – To amend Article XIX Crabapple Form Based Code to amend Table 8A Building Function. (Agenda Item No. 18-084) (First Presentation at March 5, 2018 Regular City Council Meeting) (Discussed at March 12, 2018 City Council Work Session) (Kathleen Field, Community Development Director) 6. Consideration of RZ18-03 – To amend Article XIX Crabapple Form Based Code to amend Table 9 Specific Function. (Agenda Item No. 18-085) (First Presentation at March 5, 2018 Regular City Council Meeting) (Discussed at March 12, 2018 City Council Work Session) (Kathleen Field, Community Development Director) 10) UNFINISHED BUSINESS (None) 11) NEW BUSINESS 1. Consideration of a Resolution of the City of Milton, Georgia, Approving a Release, Acknowledgment and Indemnity Agreement In Connection with Third Party Use of a Mobile Fire Training Facility. (Agenda Item No. 18-098) (Bob Edgar, Fire Chief) 2. Consideration of a Resolution of the City of Milton Authorizing Reimbursement of Expenditures Related to Acquisition, Construction and Equipping Police Station, Court Facility and Fire Stations with Bond Proceeds. (Agenda Item No. 18-099) (Stacey Inglis, Assistant City Manager) 12) MAYOR AND COUNCIL REPORTS STAFF REPORTS Department Updates 1. Community Development 2. Police 3. Communications 13) EXECUTIVE SESSION (if needed) 14) ADJOURNMENT (Agenda Item No. 18-100) N I L ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE:7h 9, 2018 FROM: Steven Krokoff, City Manager AGENDA ITEM: Approval of a Construction Services Agreement between the City of Milton and D A F Concrete, Inc. for Traffic Calming Measures. MEETING DATE: Monday, March 19, 2018 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: (,kYES () NO CITY ATTORNEY REVIEW REQUIRED: (.PIYES () NO APPROVAL BY CITY ATTORNEY: (,APPROVED (J NOT APPROVED PLACED ON AGENDA FOR: C.'311� ) ZC I b 2006 Heritage Walk Milton, GA P: 678.242.2500) 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: March 1, 2018 for the March 19, 2018 Regular City Council Meeting Agenda Item: Approval of a Construction Services Agreement between the City of Milton and D A F Concrete, Inc. for Traffic Calming Measures. _____________________________________________________________________________________ Project Description: The City of Milton Traffic Calming program has multiple neighborhoods that have qualified for City funding participation in the installation of City standard traffic calming measures. This construction contract is for installation of traffic calming measures in residential neighborhoods within the City. Procurement Summary: Purchasing method used: 3 Written Quotes ($5,000-$49,999) Account Number: 300-4101-541400400 Requisition Total: $49,999 Vendor DBA: D A F Concrete, Inc. Other quotes or bids submitted (vendor/$): NA Vendor/Firm Quote/Bid Blount Construction Co $80,879.06 Peach State Construction Co $110,420.00 Financial Review: Bernadette Harvill, 3/02/18 Legal Review: Jarrard & Davis, LLP – Sam VanVolkenburgh, 2/20/18 Attachment(s): Construction Services Agreement HOME OE�, 'E BE4` t. A T-Y C" E i a �;;�-;78C: A' k � To f L1 Nlt ESTABLISHED 2606 CONSTRUCTION SERVICES AGREEMENT TRAFFIC CALMING MEASURES This Construction Services Agreement (the "Agreement") is made and entered into this _ day of , 20_ (the "Effective Date"), by and between the CITY OF MILTON, GEORGIA, a municipal corporation of the State of Georgia, acting by and through its governing authority, the Mayor and Milton City Council (hereinafter referred to as the "City"), and D A F Concrete, Inc, a Georgia Corporation (hereinafter referred to as the "Contractor"), collectively referred to herein as the "Parties". WITNESSETH: WHEREAS, the City desires to retain a contractor to perform services for the construction of a Project, as defined below; and WHEREAS, the City solicited bids for construction of the Project pursuant to the Request for Bids attached hereto as "Exhibit A" and incorporated herein by reference; and WHEREAS, the Contractor submitted a complete and timely bid, attached hereto as "Exhibit B" and incorporated herein by reference, and met all bid requirements such that the City awarded Project Number INF 18-PWO1 to the Contractor; and WHEREAS, the City finds that specialized knowledge, skills, and training are necessary to perform the Work (defined below) contemplated under this Agreement; and WHEREAS, the Contractor has represented that it is qualified by training and experience to perform the Work; and WHEREAS, based upon Contractor's bid, the City has selected Contractor as the successful bidder, and WHEREAS, Contractor desires to perform the Work as set forth in this Agreement under the terms and conditions provided in this Agreement; and WHEREAS, the public interest will be served by this Agreement; and WHEREAS, Contractor has familiarized itself with the nature and extent of the Contract Documents, the Project, and the Work, and with all local conditions and federal, state and local laws, ordinances, rules and regulations that may in any manner affect cost, progress or performance of Work, and Contractor is aware that it must be licensed to do business in the State of Georgia. NOW THEREFORE, for and in consideration of the mutual promises, the public purposes, and the acknowledgements and agreements contained herein and other good and adequate consideration, the sufficiency of which is hereby acknowledged, the Parties hereto do mutually agree as follows: Section 1. Contract Documents This Agreement along with the following documents, attached hereto (except as expressly noted otherwise below) and incorporated herein by reference, constitute the "Contract Documents": A. Request for Bids, attached hereto as "Exhibit A"; B. Bid Documents from Contractor, attached hereto as "Exhibit B"; C. Performance Bond, Payment Bond and Maintenance Bond, attached hereto collectively as "Exhibits C.1, C.2 and C.3"; D. Noncollusion Affidavit of Prime Bidder, attached hereto as "Exhibit D"; E. Final Affidavit, attached hereto as "Exhibit E"; F. Alien Employment affidavits, attached hereto as "Exhibits F.1 and F.2"; G. Plans, drawings and specifications,; attached hereto collectively as "Exhibit G' H. RESERVED; I. Supplementary Conditions, attached hereto as "Exhibit I"; I City of Milton Code of Ethics (codified in the official Code of the City of Milton); K. The following, which may be delivered or issued after the Effective Date of the Agreement and are not attached hereto: All Change Orders (defined in Section 6 below), other written amendments, and other documents amending, modifying, or supplementing the Contract Documents if properly adopted ul writing and executed by the Parties. Section 2. Protect Description; Architect; EnLyineer; Contract Administrator A. Project. A general description of the Project is as follows: Construction of traffic calming measures in residential neighborhoods within the City of Milton (the "Project"). A third -party Architect or Engineer has not been retained related to this Project. B. Contract Administrator. The Contract Administrator for this Agreement shall be: Matthew Fallstrom, Capital Projects Manager. Section 3. The Work A. The Work. The Work to be completed under this Agreement (the "Work") includes, but shall not be limited to, the work described in the 'Scope of Work provided in "Exhibit A' attached hereto and incorporated herein by reference. "Task Orders will be issued to the Contractor stating each task requested of Contractor by the City. Unless otherwise stated in Exhibit "A" or in a Task Order, the Work includes all material, labor, insurance, tools, equipment, machinery, water, heat, utilities; transportation, facilities, services and any other miscellaneous items and work reasonably inferable from the Contract Documents. The terns "reasonably inferable" takes into consideration the understanding of the Parties that some details necessary for proper execution and completion of the Work may not be shown on the drawings or included in the specifications or Scope of Work, but they are a requirement of the Work if they are a usual and customary component of the Work or are otherwise necessary for proper and complete installation and operation of the Work. Contractor shall complete the Work in strict accordance with the Contract Documents. In the event of any discrepancy among the terms of the various Contract Documents, the provision most beneficial to the City, as determined by the City in its sole discretion, shall govern. B. Task Orders. All Work will be ordered by Task Order in signed, written form (email is acceptable) sufficient to describe the scope of work requested. Task Orders may but need not define a "not to exceed without permission" budget for the Work, which budget shall conforn-i to the unit prices set forth in Exhibit "B". Task Orders shall be performed in accordance with the terms of this Agreement, and must be issued by the City's Representative (as defined herein) or his or her delegate and sent to the Contractor's Representative (as defined herein) or his or her delegate. Section 4. Contract Term; Liquidated Damaues; Expedited Completion, Partial Occupancy or Use A. Contract Term. The term of this Agreement ("Term") shall commence on the Effective Date and continue until all work assigned by Task Orders is complete and paid for, or until the proper termination and non -renewal of this Agreement (provided that certain obligations, including but not limited to Warranty obligations, will survive termination/expiration of this Agreement). Contractor warrants and represents that it will perform its Work in a prompt and timely manner, which shall not impose delays on the progress of the Work. The Contractor shall commence Work on each Task Order within ten (10) business days of receipt of the Task Order, and each task shall be completed with thirty (30) business days from receipt of the Task Order. Every effort will be made by Contractor to shorten this period. No Task Orders shall issue after September 30, 2018. If the Term of this Agreement continues beyond the fiscal year in which this Agreement is executed (beyond September 30, 2018), the Parties agree that this Agreement, as required by O.C.G.A. § 36-60-13, shall terminate absolutely and without further obligation on the part of the City on September 30 each fiscal year of the Term, and further, that this Agreement shall automatically renew on October 1 of each subsequent fiscal year absent the City's provision of written notice of non -renewal to Contractor at least five (5) calendar days prior to the end of the then current calendar year. Title to any supplies, materials, equipment, or other personal property shall remain in Contractor until fully paid for by the City. B. Time is of the Essence; Liquidated Damages. Contractor specifically acknowledges that TIME IS OF THE ESSENCE of this Agreement and that City will suffer financial loss if the Work is not completed in accordance with the deadlines specified in Section 4(A) above and within the Contract Documents. C. Expeditininpletion. The Contractor is accountable for completing the Work within the time period provided in the Contract Documents. If, in the judgment of the City, the Work is behind schedule and the rate of placement of work is inadequate to regain scheduled progress to ensure timely completion of the entire Work or a separable portion thereof, the Contractor, when so informed by the City, shall immediately take action to increase the rate of work placement by; (1) An increase in working forces; (2) An increase in equipment or tools; (3) An increase in hours of work or number of shifts; (4) Expediting delivery of materials; and/or (5) Other action proposed if acceptable to City. Within five (5) calendar days after such notice from City that the Work is behind schedule, the Contractor shall notify the City in writing of the specific measures taken and/or planned to increase the rate of progress. The Contractor shall include an estimate as to the date of scheduled progress recovery. Should the City deem the plan of action inadequate, the Contractor shall take additional steps to make adjustments as necessary to its plan of action until it meets with the City's approval and such approval is provided in writing by the City. Section 5.. Contractor's Compensation; Time and Method of Payment A. Maximum Contract Price. The total amount paid under this Agreement as compensation for Work performed and reimbursement for costs incurred shall not, in any case, exceed $49,999.00 (the "Maximum Contract Price"), except as outlined in Section 6 below. The compensation for Work performed shall be based upon the specific Work ordered by Task Order at the unit prices in Exhibit "B". B. Payment for Work Completed. City agrees to pay the Contractor for the Work performed by Contractor upon certification by the Contract Administrator and the City that the Work was actually performed and costs actually incurred in accordance with this Agreement. Compensation for Work performed shall be paid to the Contractor upon receipt and approval by the City of invoices setting forth in detail the Work performed and costs incurred, along with all supporting documents required by the Contract Documents or requested by the City to process the invoice. Invoices shall be submitted on a monthly basis, and such invoices shall reflect costs incurred versus costs budgeted. Each invoice shall be accompanied by an Interim Waiver and Release upon. Payment (or a Waiver and Release upon Final Payment in the case of the invoice for final payment) procured by the Contractor from all subcontractors in accordance with O.C.G.A. § 44-14- 366. The City shall pay the Contractor within thirty (30) calendar days after approval of the invoice by City staff. No payments will be made for unauthorized work. Payment will be sent to the designated address by U. S. Mail only; payment will not be hand -delivered, though the Contractor may arrange to pick up payments directly from the City or may make written requests for the City to deliver payments to the Contractor by Federal Express delivery at the Contractor's expense. C. Material Deviations. Any material deviations from the Work described in this Agreement shall be clearly communicated to the City before charges are incurred and shall be handled through written modifications to Task Orders or, if appropriate, Change Orders as described in Section 6 below. Whenever the Contract Administrator considers it necessary or advisable, it shall have authority to require inspection or testing of the Work. However, neither this authority of the Contract Administrator nor a decision made in good faith either to exercise or not to exercise such authority shall give rise to a duty or responsibility of the Contract Administrator to the Contractor, subcontractors, material and equipment suppliers, their agents or employees, or other persons or entities performing portions of the Work. D. Taxes. The City is a governmental tax-exempt entity and shall not be responsible for paying any taxes on any materials or services provided for herein. At Contractor's request, City shall provide evidence of its tax-exempt status. To the extent, if any, that the City furnishes tangible personal property to Contractor for incorporation into the Project, Contractor shall be responsible for paying the amount of tax owed for such tangible personal property. Section b. Change Orders A. Change Order Defined. A "Change Order" means a written modification of the Contract Documents, signed by representatives of the City and the Contractor with appropriate authorization. A Task Order, and any modification to a Task Order consistent with this Agreement, is not a "Change Order. B. Change Order Requirement. Any work added to the scope of this Agreement by a Change Order shall be executed under all the applicable conditions of this Agreement. No claim for additional compensation or extension of time shall be recognized, unless contained in a written Change Order duly executed on behalf of the City and the Contractor. C. Authority to Execute Change Order. The City Manager has authority to execute, without further action of the Milton City Council, any number of Change Orders so long as their total effect does not materially alter the terms of this Agreement or materially increase the Maximum Contract Price, as set forth in Section 5(A) above. Any such Change Orders materially altering the terns of this Agreement, or aM Change Order affecting the price where the Maximum Contract Price (as amended) is in excess of $50,000, must be approved by resolution of the Milton City Council. Section 7. Covenants of Contractor A. Ethics Code; Conflict of Interest. (i) Contractor agrees that it shall not engage in any activity or conduct that would result in a violation of the City of Milton Code of Ethics or any other similar law or regulation. Contractor certifies that to the best of his knowledge no circumstances exist which will cause a conflict of interest in performing, the Work. Should Contractor become aware of any circumstances that may cause a conflict of interest during the Term of this Agreement, Contractor shall immediately notify the City. If the City determines that a conflict of interest exists, the City may require that Contractor take action to remedy the conflict of interest or terminate the Agreement without liability. The City shall have the right to recover any fees paid for services rendered by Contractor when such services were performed while a conflict of interest existed if Contractor had knowledge of the conflict of interest and did not notify the City within five (5) business days of becoming aware of the existence of the conflict of interest. (ii) Contractor and the City acknowledge that it is prohibited for any person to offer, give, or agree to give any City employee or official, or for any City employee or official to solicit, demand, accept, or agree to accept from another person, a gratuity of more than nominal value or rebate or an offer of employment in connection with any decision, approval, disapproval, recommendation, or preparation of any part of a program requirement or a purchase request, influencing the content of any specification or procurement standard, rendering of advice, investigation, auditing, or in any other advisory capacity in any proceeding or application, request for ruling, determination, claim or controversy, or other particular matter, pertaining to any program requirement or a contract or subcontract, or to any solicitation or proposal therefor. The Contractor and the City further acknowledge that it is prohibited for any payment, gratuity, or offer of employment to be made by or on behalf of a sub -consultant under a contract to the prime Contractor or higher tier sub consultant, or any person associated therewith, as an inducement for the award of a subcontract or order. B. Meetings. The Contractor is required to meet with the City's personnel, or designated representatives, to resolve technical or contractual problems that may occur during the Term of this Agreement at no additional cost to the City. Meetings will occur as problems arise and will be coordinated by the City or the Contract Administrator. The Contractor will be given a minimum of three (3) full business days' notice of meeting, date, time, and location. Face-to-face meetings are desired. However, at the Contractor's option and expense, a conference call meeting may be substituted. Consistent failure to participate in problem resolution meetings, two consecutive missed or rescheduled meetings, or failure to make a good faith effort to resolve problems, may result in termination of the contract for: cause. C. Expertise of Contractor:. Contractor accepts the relationship of trust and confidence established between it and the City, recognizing that the City's intention and purpose in entering into this Agreement is to engage an entity with the requisite capacity, experience, and professional skill and judgment to provide the Work in pursuit of the timely and competent completion of the Work Undertaken by Contractor under this Agreement. The Contractor agrees to use its best efforts, skill, judgment, and abilities to perform its obligations and to further the interests of City and the Project in accordance with City's requirements and procedures, and Contractor shall employ only persons duly qualified in the appropriate area of expertise to perform the Work described in this Agreement. D. Proper Execution by Contractor. Contractor agrees that it will perform its services in accordance with the usual and customary standards of the Contractor's profession or business and in compliance with all federal, state, and local laws, regulations, codes, ordinances, or orders applicable to the Project, including, but not limited to, O.C.G.A. § 50-5-63, any applicable records retention requirements, and Georgia's Open Records Act (O.C.G.A. § 50-18-70, et seq.). Any additional work or costs incurred as a result of error and/or omission by Contractor as a result of not complying with the Contract Documents or not meeting the applicable standard of care or quality, including but not limited to those of repeated procedures and compensation for the Contract Administrator's services or expenses, will be provided at Contractor's expense and at no additional cost to the City. This provision shall survive termination of this Agreement. It is the Contractor's responsibility to be reasonably aware of all applicable laws, statutes, ordinances, building codes, and rules and regulations. If the Contractor observes that portions of the Contract Documents are at variance therewith, the Contractor shall promptly notify the Contract Administrator and the City in writing of any portions of the Contract Documents that are at variance with the applicable laws, statutes, ordinances, building codes, and rules and regulations. The Contractor's duties shall not be diminished by any approval by the City or Contract Administrator of Work completed or produced; nor shall any approval by the City or Contract Administrator of Work completed or produced release the Contractor from any liability therefor, it being understood that the City is ultimately relying upon the Contractor's skill and knowledge in performing the Work required under the Contract Documents. Organization of the specifications into divisions, sections and articles, and arrangement of drawings shall not control the Contractor in dividing the Work among subcontractors or in establishing the extent of Work to be performed by any trade. E. Familiarity with the Work. (i) Contractor Familiarity ivith Work. Contractor represents that it has familiarized itself with the nature and extent of the Contract Documents, the Work, work site(s), locality, and all local conditions, laws and regulations that in any manner may affect cost, progress, performance, or furnishing of the Work. Since the Contract Documents are complementary, before starting each portion of the Work, the Contractor shall carefully study and compare the various Contract Documents, site conditions, authorities, tests, reports and studies relative to that portion of the Work, as well as the information furnished by the City, shall take field measurements of any existing conditions related to that portion of the Work, and shall observe any conditions at the Project site(s) affecting it. Contractor represents and agrees that it has correlated the results of all such observations, examinations, investigations, explorations, tests, reports, and studies with the terms and conditions of the Contract Documents. These obligations are for the purpose of facilitating construction by the Contractor and are not for the purpose of discovering errors, omissions, inconsistencies, or ambiguities in the Contract Documents; however, any errors, inconsistencies, omissions, or ambiguities discovered by the Contractor shall be reported promptly to the Contract Administrator and City in writing. Contractor represents that it has given. the City written notice of all errors, omissions, inconsistencies, or ambiguities that the Contractor has discovered in the Contract Documents so far, and the written resolution thereof by the City is acceptable to the Contractor. Further, Contractor acknowledges that its obligation to give notice of all such errors; omissions, inconsistencies, or ambiguities shall be continuing during the Term of this Agreement. Any failure on the part of the Contractor to notify the Contract Administrator and City in writing of any errors, omissions, inconsistencies, or ambiguities in the Contract Documents that Contractor discovered or reasonably should have discovered shall result in a waiver and full release by the Contractor of any future arguments or defenses based on such errors, omissions, inconsistencies, or ambiguities against the City. Further,, if the Contractor fails to perform its obligations pursuant to this paragraph, the Contractor shall pay such costs and damages to the City as would have been avoided if the Contractor had performed such obligations. (ii) Inspection of Prior Work. If part of the Contractor's Work depends for proper execution or results upon construction or operations by a separate contractor, the Contractor shall, prior to proceeding with that portion of the Work, promptly report to the Contract Administrator apparent discrepancies or defects in such other construction that would render it unsuitable for such proper execution and results. Failure of the Contractor so to report shall constitute an acknowledgment that the City's or separate contractor's completed or partially completed construction is fit and proper to receive the Contractor's Work, except as to defects not then reasonably discoverable, and Contractor shall be responsible for all costs and damages resulting from its failure to report reasonably discoverable defects. (iii) Contractor Requests for Igfor»iation. If, with undue frequency (as determined by the City in its sole discretion), the Contractor requests information that is obtainable through reasonable examination and comparison of the Contract Documents, site conditions, and previous correspondence, interpretations or clarifications, the Contractor shall he liable to the City for reasonable charges from the Contract Administrator for the additional services required to review, research and respond to such requests for information. F. Supervision, Inspection and Construction Procedures. The Contractor shall supervise and direct the Work, using the Contractor's best skill and attention. The Contractor shall be solely responsible for and have control over construction means, methods, techniques, sequences and procedures and for coordinating all portions of the Work under the Agreement, unless the Contract Documents give other specific instructions concerning these matters. If the Contract Documents give specific instructions concerning construction means, methods, techniques, sequences or procedures, the Contractor shall evaluate the jobsite safety therefor and, except as stated below, shall be fully and solely responsible for the jobsite safety for such means, methods, techniques, sequences, or procedures. If the Contractor determines that such means, methods, techniques, sequences or procedures may not be safe, the Contractor shall give timely written notice to the City and Contract Administrator and shall not proceed with that portion of the Work without further written instructions from the City or Contract Administrator as approved in writing by the City. The Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the performance of this Agreement. The Contractor shall take reasonable precautions for the safety of, and shall provide reasonable protection to prevent damage, injury or loss to (a) employees and other persons who may be affected, (b) the Work and materials and equipment to be incorporated therein, whether in storage on or off the Project site(s), under care, custody or controlof the Contractor or Contractor's subcontractors or sub -subcontractors, and (c) other property at the Project site(s) or adjacent thereto, such as trees, shrubs, lawns, walks, pavements, roadways, structures and utilities not designated for removal, relocation or replacement in the course of construction, The Contractor shall give notices and comply with applicable laws, ordinances, rules, regulations and lawful orders of public authorities bearing on safety of persons or property or their protection from damage, injury or loss. When use or storage of explosives or other hazardous materials or equipment or unusual methods are necessary for execution of the Work, the Contractor: shall G. Requirements Upon Termination. Upon termination, the Contractor shall: (1) promptly discontinue all services, cancel as many outstanding obligations as possible if requested to do so by the City, and not incur any new obligations, unless the City directs otherwise; and (2) promptly deliver to the City all data, drawings, reports, summaries, and such other information and materials as may have been generated or used by the Contractor in performing this Agreement, whether completed or in process, in the form specified by the City. H. Reservation of Rights and Remedies. The rights and remedies of the City and the Contractor provided in this Section are in addition to any other rights and remedies provided under this Agreement or at law or in equity. Section 11. City's Rights; Contractor Default A. City Rights Related to the Work. (i) City's Right to Stop the Work. If the Contractor fails to correct Work which is not in accordance with the requirements of the Contract Documents, as required by the Contract Administrator, or persistently fails to carry out Work in accordance with the Contract Documents, the City may issue a written order to the Contractor to stop the Work, or any portion thereof; until the cause for such order has been eliminated; however, the right of the City to stop the Work shall not give rise to a duty on the part of the City to exercise this right for the benefit of the Contractor or any other person or entity. Such a stoppage of Work shall not extend the required completion date. (ii) City's Right to Carry Out the Wok. If the Contractor defaults or neglects to carry out the Work in accordance with the Contract Documents and fails within a seven (7) calendar day period after receipt of written notice from the City to commence and/or continue correction of such default or neglect with diligence and promptness, the City may, without prejudice to other remedies the City may have, correct such deficiencies. In such case, an appropriate Change Order shall be issued deducting from payments then .or thereafter due the Contractor the reasonable cost of correcting such deficiencies, including City's expenses and compensation for the Architect/Engineer's and/or Contract Administrator's additional services (if any) made necessary by such default, neglect or failure. If payments then or thereafter due the Contractor are not sufficient to cover such amounts, the Contractor shall pay the difference to the City. B. Contractor Default. For the purposes of this Agreement, Contractor shall be in default if any of the following occur during the Term of this Agreement (a) a failure to fulfill in a timely and proper manner Contractor's obligations under this Agreement; (b) Contractor violates any of the material provisions, agreements, representations or covenants of this Agreement or any applicable city, state, or federal laws, which do not fall within the force majeure provisions of this Agreement; (c) the Contractor becomes insolvent or unable to pay its debts as they mature, or makes an assignment for the benefit of creditors, or files a bankruptcy petition under the United States Bankruptcy Code; or (d) Contractor is the subject of a judgment or order for payment of money, which judgment or order exceeds $100;000 and is no longer subject to appeal or, in the opinion of the City, would be fruitless to appeal and where (i) such judgment or order shall continue un -discharged or unpaid for. a period of thirty (30) calendar days; (ii) an insurer acceptable to the City has not acknowledged that such judgment or order is fully covered by a relevant policy of insurance, or (iii) the City is otherwise reasonably satisfied that such judgment or order is not likely to be satisfied or complied with within sixty (60) calendar days of its issuance. hi the event of Contractor's default under- this Agreement, the City shall send written notice to the Contractor setting forth the specific instances of the default and providing the Contractor: with at least seven (7) calendar days to cure or otherwise remedy the default to the reasonable satisfaction of the City. If the default is not remedied during the stated cure period, then the City may, at its election: (a.) in writing terminate the Agreement in whole or in part; (b)cure such default itself and charge the Contractor for the costs of curing the default against any sums due or which become due to the Contractor under this Agreement; and/or (c) pursue any other remedy then available, at law or in equity, to the City for such default. Section 12. Construction Administration RESERVED. Section 13. Miscellaneous A. Complete Agreement. This Agreement, including all of the Contract Documents, constitutes the complete agreement between the Parties and supersedes any and all other agreements, either oral or in writing, between the Parties with respect to the subject matter of this Agreement. No other agreement, statement, or promise relating to the subject matter of this Agreement not contained in this Agreement or the Contract Documents shall be valid or binding. This Agreement may be modified or amended only by a written document signed by representatives of both Parties with appropriate authorization. B. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Georgia without regard to choice of law principles. If any action at law or in equity is brought to enforce or interpret the provisions of this Agreement, the rules, regulations, statutes and laws of the State of Georgia will control. Any action or suit related to this Agreement shall be brought in the Superior Court of Fulton County, Georgia or the U.S. District Court for the Northern District of Georgia — Atlanta Division, and Contractor submits to the jurisdiction and venue of such court. C. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original, but all of which together shall constitute one and the same instrument. D. Invalidity of Provisions; Severability. Should any article(s) or section(s) of this Agreement, or any part thereof, later be deemed illegal, invalid or unenforceable by a court of competent jurisdiction, the offending portion of the Agreement should be severed, and the remainder of this Agreement shall remain in full force and effect to the extent possible as if this Agreement had been executed with the invalid portion hereof eliminated; it being the intention of the Parties that they would have executed the remaining portion of this Agreement without including any such part, parts, or portions that may for any reason be hereafter declared invalid. E. Business License. Prior to commencement of the Work to be provided hereunder, Contractor shall apply to the City for a business license, pay the applicable business license fee, and maintain said business license during the Term of this Agreement, unless Contractor provides evidence that no such license is required. F. Notices. (1) Connnunications Relating to Day -to -Day Activities. All communications relating to the day-to-day activities of the Work shall be xchanged between Matthew Fallstrom for the City and S�ndu-2c _ for the Contractor. (2) Of Notices. All other notices, requests, demands, writings, or correspondence, as required by this Agreement, shall be in writing and shall be deemed received, and shall be effective, when (1) personally delivered, or (2) on the third calendar day after the postmark date when mailed by certified mail, postage prepaid, return receipt requested, or (3) upon actual delivery when sent via national overnight commercial carrier to the Party at the addresses given below, or at a substitute address previously furnished to the other Party by written notice in accordance herewith: NOTICE TO CITY shall be sent to: City of Milton Attn: City Manager 2006 Heritage Walk Milton, Georgia 30004 NOTICE TO CONTRACTOR shall be sent to: DAF Concrete, Inc Attn: Antonio Sanchez 9160 Turner Rd Jonesboro, Georgia 30236 G. Waiver of Agreement. No failure by the City to enforce any right or power granted under this Agreement, or to insist upon strict compliance by Contractor with this Agreement, and no custom or practice of the City at variance with the terms and conditions of this Agreement shall constitute a general waiver of any future breach or default or affect the City's right to demand exact and strict compliance by Contractor with the terms and conditions of this Agreement. Further, no express waiver shall affect any term or condition other than the one specified in such waiver, and that one only for the time and maiuier specifically stated. H. Survival. All sections of this Agreement which by their nature should survive termination will survive termination, including, without limitation, confidentiality obligations, warranties, and insurance maintenance requirements. I. Sovereign Immunity. Nothing contained in this Agreement shall be construed to be a waiver of the City's sovereign immunity or any individual's qualified good faith or official immunities. No Personal Liability. Nothing herein shall be construed as creating any individual or personal liability on the part of any of City's elected or appointed officials, officers, boards, commissions, employees, representatives, consultants, servants, agents, attorneys or volunteers. No such individual shall be personally liable to the Contractor or any successor in interest in the event of any default or breach by the City or for any amount which may become due to the Contractor or successor or on any obligation under the terms of this Agreement. Likewise, Contractor's performance of services under this Agreement shall not subject Contractor's individual employees, officers, or directors to any personal liability, except where Contractor is a sole proprietor. The Parties agree that their sole and exclusive remedy, claim, demand, or suit shall be directed and/or asserted only against Contractor or the City, respectively, and not against any elected or appointed official, officers, boards, commissions, employees, representatives, consultants, servants, agents, attorneys and volunteers. K. Force Majeure. Neither the City nor Contractor shall be liable for their respective non -negligent or non -willful failure to perform or shall be deemed in default with respect to the failure to perform (or cure a failure to perforin) any of their respective duties or obligations under this Agreement or for any delay in such perfonnance due to: (i) any cause beyond their respective reasonable control; (ii) any act of God; (iii) any change in applicable governmental rules or regulations rendering the performance of any portion of this Agreement legally impossible; (iv) earthquake, fire, explosion, or flood; (v) strike or labor dispute, excluding strikes or labor disputes by employees and/or agents of Contractor; (vi) delay or failure to act by any governmental or military authority; or (vii) any war, hostility, embargo, sabotage, civil disturbance, riot, insurrection, or invasion. In such event, the time for performance shall be extended by an amount of time equal to the period of delay caused by such acts, and all other obligations shall remain intact. L. Headings. All headings herein are intended for convenience and ease of reference purposes only and in no way define, limit, or describe the scope or intent thereof, or of this Agreement, or in any way affect this Agreement. M. No Third Party Rights. This Agreement shall be exclusively for the benefit of the Parties and shall not provide any third parties with any remedy, claim, liability, reimbursement, cause of action or other right. N. Successors and Assigns. Subject to the provision of this Agreement regarding assignment, each Party binds itself, its partners, successors; assigns, and legal representatives to the other Party hereto, its partners, successors, assigns, and legal representatives with respect to all covenants, agreements, and obligations contained in the Contract Documents. O. Agreement Construction and Interpretation. Contractor represents that it has reviewed and become familiar with this Agreement andhas notified the City of any discrepancies, conflicts or errors in the Contract Documents. The Parties hereto agree that, if an ambiguity or question of intent or interpretation arises, this Agreement is to be construed as if the Parties had drafted it jointly, as opposed to being construed against a Party because it was responsible for drafting one or more provisions of the Agreement. In the interest of brevity, the Contract Documents may omit modifying words such as ``all" and "any" and articles such as "the and "an," but the fact that a modifier or an article is absent from one statement and appears in another is not intended to affect the interpretation of either statement. P. Material Condition. Each term of this Agreement is material, and Contractor's breach of any term of this Agreement shall be considered a material breach of the entire Agreement and shall be grounds for termination or exercise of any other remedies available to the City at law or in equity. Q. Use of Singular and Plural. Words or terms used as nouns in the Agreement shall be inclusive of their singular and plural forms, unless the context of their usage clearly requires contrary meaning. IN WITNESS WHEREOF, the City and the Contractor have executed this Agreement effective as of the Effective Date first above written. [SIGNATURES ON FOLLOWING PAGE] CONTRACTOR: D A F Concrete, Inc. Print Name: �,�c,,Vd Sr nr� Ai It • [CIRCLE ONE] (Presi nt/Vice President (Corporation) I [CORPORATE SEAL] (required if corporation) Its: fr.ri t- ((Assistant) Corporate Secretary if corporation) CITY OF MILTON, GEORGIA By: Joe Lockwood, Mayor [CITY SEAL] Attest: Print Name: Its: City Clerk Approved as to form: City Attorney "EXHIBIT A" HOME OF t, Cr HF ---N G > GW LTON%� ESiAflLISEI ED zone TRAFFIC CALMING MEASURES BIDS DUE JANUARY 26, 2018 BY 5:00 PM CITY OF MILTON SUBDIVISIONS Any questions must be submitted by 5 PM on Friday, January 19, 2018. Any needed addendum to this bid will be released on or about Monday, January 22, 2018..Questions and bid submittal (Pages 2, 6, &13) are to be made by email to honor.motes@cityotmiltonga.us INF 18-PW01 Page 1 of 13 BIDDER MUST COMPLETE AND RETURN THIS SHEET WITH BID SUBMITTAL Scope of Work The undersigned, as bidder, declares and represents that it has examined the site of the work and informed himself/herself fully in regard to all conditions pertaining to the place where the work is to be performed, including those conditions affecting the cost of the work and the delivery, handling and storage of materials and equipment. The bidder has examined and read the Bidding Document and has satisfied himself/herself that the Bidding Document is an adequate and acceptable reflection of the work which is required to be performed and that the bidder is willing and able to perform all of the work necessary. The bidder further certifies that no additional information is required to complete the work encompassed by this bid within the cost and schedule established and agreed upon within this bidding document. The bidder proposes and agrees that if this bid is accepted to contract with the City of Milton to provide all construction labor, materials, equipment, products, transportation, and other facilities and services as necessary and/or required to execute and complete the work in full in accordance with the scope of work provided to the full satisfaction of the City. THE BASE BID IS THE AMOUNT UPON WHICH THE BIDDER WILL BE FORMALLY EVALUATED AND WHICH WILL BE USED TO DETERMINE THE LOWEST RESPONSIBLE BIDDER. The costs for developing and delivering responses to this bid and any subsequent presentations as requested by the City are entirely the responsibility of the bidder. The City is not liable for any expense incurred by the bidder in the preparation of their bid. The City of Milton reserves the right to reject any or all bids, to waive technicalities and informalities, and to make award in the best interest of the City of Milton. The base bid may not be withdrawn or modified, except at the request of the City, for a period of sixty (60) days following receipt of the bids. This project shall be bid as Unit Price contract. The scope of the project will depend on the actual units for each task. Each subdivision will be a separate task under the not to exceed amount of the contract. The base bid is to be for estimated quantities provided in section 11.0. BIDS DUE JANUARY 26, 2018 BY 5:00 PM r� p L7%LI A" Al '.`', ,.. .�. ...r .�.'.�. ✓n v.. .r> > ,.ez...., a 4. xz... �. �.. �...:... .r -1 r�u:. �, «.i�r.,t. 1.,3 �+r. J.. ,,�.a; �: r n. A., �_,�3.n. A. 1„R:. ..+'.,A L; xs 3�wne}.. x.. iz4�.d.. ..i sXz (Company Name) (Signature) (Dollar Amount in Numbers) (Dollar Amount in Words) INF 18-PW01 Page 2 of 13 1.0 General Conditions a) Construction activity will be allowed Monday -Friday between the hours of 9:00 AM and 5:00 PM. b) Contractor must notify the City of Milton (678) 242-2558, twenty-four (24) hours prior to beginning construction. c) Burial of construction materials is not permitted within the City of Milton. All construction materials and debris within the work area shall be properly disposed of by the contractor. d) Contractor shall provide all necessary tools, equipment, labor and materials to perform all work as defined in the following scope and schedule. e) Roadway shall remain accessible for local traffic during construction. 2.0 Bonds a) In accordance with O.C.G.A. 32-4-119, where the specifications provided herein requires the construction, reconstruction or maintenance of a public road and the bid provided is in an amount of $5,000 or more, the contractor shall provide bonds. The City may require a Maintenance Bond in the amount of 1/3 of the not to exceed contract amount. 3.0 Material, Equipment and Employees a) All materials shall be new and of quality specified, except where reclaimed material is authorized herein and approved for use. Workmanship shall at all times be of a grade accepted as the best practice of the particular trade involved, and as stipulated in written standards of recognized organizations or institutes of the respective trades except as exceeded or qualified by the specifications. b) No changes shall be made in the Work except upon written approval and change order of the City. c) Products are generally specified by ASTM or other reference standard and/or by manufacturer's name and model number or trade name. When specified only by reference standard, the Contractor may select any product meeting this standard, by any manufacturer. When several products or manufacturers are specified as being equally acceptable, the Contractor has the option of using any product and manufacturer combination listed. d) The contractor shall be aware that the cited examples are used only to denote the quality standard of product desired and that they do not restrict bidders to a specific brand, make, manufacturer or specific name; that they are used only to set forth and convey to bidders the general style, type, character and quality of product desired; and that equivalent products will be acceptable. Substitution of materials, items or equipment of equal or equivalent design shall be submitted to the City for approval or disapproval; such approval or disapproval shall be made by the City prior to the opening of bids. e) If at any time during the completion of the work covered by these contract documents, the conduct of any employee of the contractor or sub -contractors is considered by the City to detrimental to the work or reflect poorly upon the City, the Contractor shall order such parties removed immediately from the site. f) The contractor shall designate a foreman/superintendent who shall direct the work. INF 18-PW01 Page 3 of 13 4.0 Erosion and Sediment Control a) All erosion and sediment control work necessary for the completion of this project shall be in accordance with the standards provided in the Georgia Manual for Erosion and Sediment Control in Georgia, latest edition. b) Temporary vegetation and/or heavy mulch will be used to stabilize areas. In no case shall a site be left bare for more than fourteen (14) days. c) No clearing outside the right of way shall be allowed without approval. d) Provide sod on all disturbed areas. The type of sod will be required to match type of grass or sod which may be planted and growing on the adjacent lawn.. 5.0 Earthwork a) Sub -grade preparation shall be in accordance with GDOT specifications and these regulations. b) Provisions shall be made by the contractor to ensure adequate drainage and prevent possibledamage to the work area. 6.0 Concrete, Curb and Gutter and Sidewalk a) All asphalt, sidewalk and curb and gutter shall be saw -cut prior to removal. b) Curb and gutter shall be Class "B" concrete (as defined by GDOT) and have a minimum strength of 3,000 PSI at 28 days. c) Typical curb and gutter section shall match the existing curb and gutter and follow the detail in Section 9.0 d) One-half inch expansion joints or pre -molded bituminous expansion joint material shall be provided at each tie-in point. e) Curb and gutter shall be set true to line and grade to ensure proper drainage. f) Curb ramps and detectable warning strips shall meet ADA requirements and detail in Section 9.0 g) If City elects to use steel plate to bridge gutter, plate to be width matching sidewalk width, approximately 24" bridging the gutter to crosswalk, 1/2" thick plate to be secured by concrete screws to existing curb and resting on new speed table. Still plate to be painted with nonslip coating in color approved by City. h) Concrete work for speed humps and raised crosswalks shall use 3000 PSI high/early concrete reinforced with #3 bars at 12" center to center both ways, or 6 x 6 — W2.9 x W2.9 welded wire fabric. i) Concrete may be colored and top stamped with texture to resemble a paver pattern according to detail in section 9.0 and approved by City. j) Speed table/raised crosswalk and speed humps shall be per City of Milton Detail in section 9.0 k) Concrete work on roadway to be staged so that road remains open to traffic at all times. 1) Inferior workmanship or unprofessional construction methods resulting in unacceptable INF 18-PW01 Page 4 of 13 concrete work, asphalt paving, curb and gutter, or sidewalk will be cause for rejection of the finished work. 7.0 Utilities a) The contractorshallbe required to coordinate and manage any and all utility locates and/or relocations within the scope of this project. 8.0 Performance a) All work performed shall be in accordance with Georgia Department of Transportation and City of Milton Subdivision Construction Standards. The contractor will adhere to all current State and Federal construction safety regulations, including OSHA regulations. The Contractor will conform to MUTCD and the State of Georgia Department of Transportation standards for traffic control. The Contractor must maintain a safe work zone for their employees, pedestrians, and vehicular transportation. All work shall be inspected and approved by the City of Milton Department of Public Works (MDPW). b) The Contractor must maintain a safe work zone for their employees, pedestrians, and vehicular transportation. All work shall be inspected and approved by the City of Milton Department of Public Works (MDPW). c) The Contractor shall provide all necessary safety measures for the protection of all persons on the work. Contractor shall clearly mark or post signs warning of hazards existing, and shall barricade excavations and similar hazards. He shall protect against damage or injury resulting from falling materials and he shall maintain all protective devices and signs throughout the progress of the work. d) The Contractor shall provide all necessary safety measures for the protection of all persons on the work. Contractor shall clearly mark or post signs warning of hazards existing, and shall barricade excavations and similar hazards. He shall protect against damage or injury resulting from falling materials and he shall maintain all protective devices and signs throughout the progress of the work. 9.0 Clean-up a) The Contractor shall keep the sites and surrounding area reasonably free from rubbish at all times and shall remove debris from the site at the end of each day or when directed to do so by the City. Before final inspection and acceptance of the project, the Contractor shall thoroughly clean the sites, and completely prepare the project and site for use by the City. 10.0 Schedule Each task shall begin within '10 business days of the Notice to Proceed for that task and be completed in satisfactory manner, as deemed by City, within 30 business days from the date of issuance of the Notice to Proceed INF 18-PW01 Page 5 of 13 BIDDER MUST COMPLETE AND RETURN THIS SHEET WITH BID SUBMITTAL 11.0 Unit Prices The City shall have the option of exercising any or all of the unit prices listed below at any point in the project. All unit price amounts shall be items furnished and installed based on the project specified materials. Item # Description Unit Unit Price Estimate Units ` Estimated Price 1 Concrete raised crosswalk/speed table per detail TC -3 EA 2 2 Staining and stamping concrete for raised crosswalk/speed table SF 500 3 Concrete speed hump per detail TC -2 EA 2 4 Concrete Sidewalk, 4" SF 20 5 Concrete Curb and Gutter, 6"x24" LF 4 6 Detectable Warning Strip (2'x 4') EA 4 7 Curb Cut Ramp EA 2 8 Steel plate over gutter EA 2 9 Permanent Sod SY 2 10 W11;-2 Sign with Post EA 4 11 W16 -7P Sign EA 4 12 Speed Table Sign with Post EA 4 13 Raised pavement markers EA 24 INF 18-PW01 Page 6 of 13 12.0 Typical Details INF 18-PW01 Page 7 of 13 SFS Yz Sb . EE a Q iQ = 2 C ^1 Fxx Na it 15EV vn ear r £ a d o i s x a s on Yxg Sytg xy§ sa ""f� p w 9 .,w' els C k'N i 5991 '1 o g gSNT v $ jgug ashg Zm Y s $7�ag $� gt�� Wit` CL o� w 246 s 6 it V- - jr- u zi"ht h aX s x ? %q eo-t . Amurwa � 3yp is :aff._ .z, $s 1.d e:Z3�[ {x " `- ' f, {P.Ct tlKN .s �. �§� •nvN1.�i YOAiL 'W13�fitl['A 0 m mu a� ,. .. {morel gra exm VA we -i mm�A ss ssnn•A3e ao IN0 2 u C ''— ,t { * fit{• A`yy a �Mxbffa Q� �"t+{ a #gx t a itn 'u" �•. ,•�`.# it �d. •A.A � Y`���` � •. � ��iy9 b� $$ b b 3Y. :. i ; -R� 1F* ; µa INF 18-PWO1 Page 8 of 13 |0F18-PVVUl Page 9of13 INF 18-PW01 Page 10 of 13 I -77 vt r. p - rr, i q fl 3y. r a i r i W T r wT s 2 1 S4 _ u ti, r m INF 18-PW01 Page 10 of 13 INF 18-PW01 Page 11 of 13 WF 18-PW01 Page 12 of 13 BIDDER MUST COMPLETE AND RETURN THIS SHEET WITH BID SUBMITTAL EXHIBIT " " 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: Federal Work Authorization User Identification Number Date of Authorization Name of Contractor Traffic Calming Measures Name of Project City of Milton Name of Public Employer I hereby declare under penalty of perjury that the foregoing is true and correct. Executed on , 201_ in (city), (state). Signature of Authorized Officer or Agent Printed Name and Title of Auto 'zed Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE DAY OF NOTARY PUBLIC My Commission Expires: [NOTARY SEAL] INF 18-PWO1 Page 13 of 13 No Text T MAN I S1 UD 2,)36 QVVI'0, Possible 77 7 Subdivision L Task Locations 11", wp t t �,qp j; J �372 _Y f !_A j %-41 _j -7140 pK W2'41eftr fa; fe 140 IP =AN AA 0 9 8` K� to TRAFFIC CALMING MEASURES BIDS EJ 26,2 BY 5:00 CITY10OF MILTON SUBDIVISIO'NS Any questions must be submitted by 5 PM on Friday, January 19,2018. Any needed addendum to this bid will be released on or about and bid submittal (Pages 2, 6, &13) are to be made by email to honor.riiotes@citxfofmillonoo.us INF 18-PWOI Page 1 of 13 The undersigned,asbidder, declares and represents that ithas examined the site ofthe work and informed himself/herself fully in regard to all conditions pertaining to the place where the work is to be performed, including those conditions affecting the cost ofthe work and the delivery, handling and storage of materials and equipment. The bidder has examined and read the Bidding Document and has satisfied himself/herself that the Bidding Document is an adequate and acceptable reflection of the work which iarequired hubeperformed and that the bidder iswilling and able todb U o f— pe �Ba the work necessary. The bidder further certifies that no additional information is required to complete the work encompassed by this bid within the cost and schedule established and agreed upon within this bidding document. The bidder proposes and agrees that if this bid is accepted to contract with the City of Milton toprovide all construction labor, materials, equipment, products, transportation, and other facilities and services as necessary and/or required to execute and complete the work in full in accordance with the scope of work provided bnthe full satisfaction ofthe City. THE BASE BID IS THE AMOUNT UPON WHICH THE BIDDER WILL BE FORMALLY EVALUATED AND WHICH WILL BEUSED TDDETERMINE THE LOWEST RESPONSIBLE BIDDER. The costs for developing and delivering responses to this bid and any subsequent presentations as requested bythe City are entirely the responsibility fthe bidder. The City isnot liable for any expense incurred bythe bidder inthe preparation oftheir bid. The City ofMilton reserves the right hsreject any orall bids, kowaive technicalities and iDfonnaUtiesand �make �a�in�eb��tin���of�eC�yofk0/�n. ` The base bid may not be withdrawn or modified, except at the request of the City, for a period of sixty (60) days following receipt ofthe bids. This project shall be bid as Unit Price contract. The scope of the project will depend on the actual units for each task. Each subdivision will baaseparate task under the not toexceed amount of the contract. The base bid is to be for estimated quantities provided in section 11.0. BIDS DUE JANUARY 26,2018 BY 5:00 PM INF 18- VVU1 Page 2 of 13 u) Construction activity will be allowed Mobetween the hours ofg:BO AM and 5:00 b) Contractor must notify the City of Milton (678)242-2558.twenty-four (24)hours prior to beginning construction, C) Burial ofconstruction materials is not permitted within the City of Milton. All construction materials and debris within the work area shall boproperly disposed ofbythe contractor. d) Contractor shall provide all necessary tools, equipment, labor and materials toperform all work as defined in the following scope and schedule. o) Roadway shall remain accessible for local traffic during construction. o) Inaccordance with OCG.A32-4-11Qwhere the specifications provided herein requires the construction,reconstruction wmaintenance qxapublic road and the bid provided isinon amount of $5'OOUnrmore, the contractor shall provide bonds. The City no requirea §8eintenooneBond inthe amount of1/3ofthe not boexceed oon�actamount. � a) All materials shall be new and of quality specified,except where reclaimed material is authorized herein and approved for use. Workmanship shall at all times be of grade accepted as the best practice of the particular trade i d in writtenstandards of recognized organizations e organizations or institutes c� �b ' ' - respective trades except as exceeded orqualified bythe specifications. b) No changes shall be made in the Work except upon written approval and change order of the City. u) Products are generally specified by ASTM or other reference standard and/or by manufacturers name and model number or trade name. When specified only by reference standard, the Contractor may select any product meeting this standard, hyany manufactunar When several products or manufacturers are spac�—`ed �s being equally acceptable, th� Con�odorhas the npUnnofusing any product and manufacturer combination Ustad. ' ~ - d) The oontouob`r shall be aware that the cited examples are used only to denote the quality standard of product desired and that they do not restrict bidders to a specific bnsnd, make, manufacturer or specific name; that they are used only to set forth and convey to bidders the general style, type, character and quality of product desired; and that equivalent products will be acceptable. Substitution of materials, items ori't of equal or equivalent design shaUbnsubmni�edtothe [:|b/�vepprom�#rd|sopp ' |;suchappnova|ordisapprows|shoU be made bythe City prior tothe opening nfbids. e) |[atany time during the oonnp|eUoR of the work covered by these contract documents, the conduct of any employee of the contractor orsub'cV[dnaotens is considered by the Qty to detrimental tothe work orreflect poorly upon the City, the Contractor shall order such parties removed immediately from the site. � The contractor shall designate aforeman/superintendent who shall direct the work. INF 18-PWO a) All erosion and sediment control work necessary for the completion of this project shall be in accordance with the standards provided in the Georgia Manual for Erosion and Sediment Control in Georgia, latest edition. b) Temporary vegetation and/or heavy mulch will be used to stabilize areas. In no case shall a site be left bare for more than fourteen (14) days. c) No clearing outside the right of way shall be allowed without approval, d) Provide sod on all disturbed areas. The type of sod will be required to match type of grass or sod which may be planted and growing on the adjacent lawn.. a) Sub -grade preparation shall be in accordance with GDOT specifications and these regulations. b) Provisions shall be made by the contractor to ensure adequate drainage and prevent possible damage to the work area. a) All asphalt, sidewalk and curb and gutter shall be saw -cut prior to removal. b) Curb and gutter shall be Class "B" concrete (as defined by GDOT) and have a minimum strength of 3,000 PSI at 28 days. c) Typical curb and gutter section shall match the existing curb and gutter and follow the detail in Section 9.0 d) One-half inch expansion joints or pre -molded bituminous expansion joint material shall be provided at each tie-in point. e) Curb and gutter shall beset true to line and grade to ensure proper drainage, f) Curb ramps and detectable warning strips shall meet ADA requirements and detail in Section 9.0 g) If City elects to use steel plate to bridge gutter, plate to be width matching sidewalk width, approximately 24" bridging the gutter to crosswalk, %" thick plate to be secured by concrete screws to existing curb and resting on new speed table. Still plate to be painted with nonslip coating in color approved by City. h) Concrete work for speed humps and raised crosswalks shall use 3000 PSI high/early concrete reinforced with *3 bars at 12" center to center both ways, or 6 x 6 — W2.9 x W2.9 welded wire fabric. i) Concrete may be colored and top stamped with texture to resemble a paver pattern according to detail in section 9.0 and approved by City. j) Speed table/raised crosswalk and speed I humps shall be per City of Milton Detail in section 9.0 k) Concrete work on roadway to be staged so that road remains open to traffic at all times, 1) Inferior workmanship or unprofessional construction methods resulting in unacceptable INF 18-PW01 Page 4 of 13 concrete work, asphalt paving, curb and gutter, or sidewalk will be cause for rejection of the finished work. 7.0 Utilities a) The contractor shall be required to coordinate and manage any and all utility locates and/or relocations within the scope of this project. a) All work performed shall be in accordance with Georgia Department of Transportation and City of Milton Subdivision Construction Standards. The contractor will adhere to all current State and Federal construction safety regulations, including OSHA regulations. The Contractor will conform to MUTCD and the State of Georgia Department of Transportation standards for traffic control. The Contractor must maintain a safe work zone for their employees, pedestrians, and vehicular transportation. All work shall be inspected and approved by the City of Milton Department of Public Works (MDPW), b) The Contractor must maintain a safe work zone for their employees, pedestrians, and vehicular transportation. All work shall be inspected and approved by the City of Milton Department of Public Works (MDPW). c) The Contractor shall provide all necessary safety measures for the protection of all persons on the work. Contractor shall clearly mark or post signs warning of hazards existing, and shall barricade excavations and similar hazards. He shall protect against damage or injury resulting from falling materials and he shall maintain all protective devices and signs throughout the progress of the work. d) The Contractor shall provide all necessary safety measures for the protection of all persons on the work. Contractor shall clearly mark or post signs warning of hazards existing, and shall barricade excavations and similar hazards. He shall protect against damage or injury resulting from failing materials and he shall maintain all protective devices and signs throughout the progress of the work. 9.0 Clean-up a) The Contractor shall keep the sites and surrounding area reasonably free from rubbish at all times and shall remove debris from the site at the end of each day or when directed to do so by the City. Before final inspection and acceptance of the project, the Contractor shall thoroughly clean the sites, and completely prepare the project and site for use by the City. Each task shall begin within 10 business days of the Notice to Proceed for that task and be completed in satisfactory manner, as deemed by City, within 30 business days from the date of issuance of the Notice to Proceed INF 18-PWOI Page 5 of 13 11.0 Unit Prices The City shall have the.uptip of exercising any or all of the unit listed pn�oo�A�un�phoaamount shall be�e � / �hedandbn�a|' based on b-''---` ,—^~'-` materials.-- project---specified— Fl—tem # Description Unit, :Unit Price Estimate,.' Units Estimated Price table per d tail TC -3 !:!-� La, '000 2 Staining and stamping concrete for raised crosswalk/speed table SF 500 -UA2-0 3 Concrete speed hump per —detail EA -/0- VI- 2 4 Concrete Sidewalk, 4" SF 20 5 Concrete Curb and Gutter, 6N24" LF 4 6 Detect able Warning Strip (2' x 4') EA 4 0 7 Curb Cut Ramp EA goo 2 8 Steel plate over gutter EA '5(go 2 /060 10 WI 1-2 Sign with Post EA A 4 11 W16 -7P Sign EA 4 12 Speed Table Sign with Post EA 4 13 1 Raised pavement ma rkers EA 24 |NFlQ'PVV81 Page 6 of 13 |NFI8_PVVOI Page 7 of 13 Aiv Y. g I Qs I g 1 -0 le 2 L 19 aim r az N;E It ihmg R4. 1 i oil 5 C Z IN eon 1 1 g! ik; 4" all H ::!I PEA %Z 9j T5, kg t5 ;w Ile, gas WO Ig - ---------------- H 111 tqpp .,.. Vrz k i')v 111 ilk F L 5 Uzi kil NF I&P"31 Page 8 of 13 ;1.mh oil kil NF I&P"31 Page 8 of 13 INF 18-PWO1 Page 9 of 13 INF 18-PWO1 Page 10 of 13 • ILI, to INF 18-PWO1 Page 10 of 13 ILI, t INF 18-PWO1 Page 10 of 13 INF 18-PW01 Page 11 of 13 INF 18-PWO1 m i a, vs -q 1 69 Page 12 of 13 al I -ull A m i a, vs -q 1 69 Page 12 of 13 EXHIBIT" " CONTRACTOR AFFIDAVII AND AGRU 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 knoxvit 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 prograin throughout the contract period and the undersigned contractor will contract for the physical performance of services in satisfaction of such contract only with subcontractors who present an affidavit to the contractor with the information required by O.C.G.A. § 13-10-91(b). Contractor hereby attests that its federal work authorization user identification number and date of authorization are as follows: Federal Work Authorization User Identification Number Date of Authorization 004�4'ln Name of Contractor Traffic Calmina Measures Name of Project City of Milton Name of Public EmployerTHIiHE y/ INF 18-PWO1 I hereby declare under penalty of perjury that the foregoing is true and correct. Executed on 3, 201k in -` Signature of Authorized OME6roir Agent CJLIA'b2 ' r Printed Name and Title- of ) ILLho�riz--edqOcCrOr Agent SUBSCRIBED AND SWORN BEFOItE ME ON DAY OF 01,9. MY CJ Z PUBVI C) ra ......... COUT4-r� Page 33 of 13 "EXHIBIT CA" CITY OF MILTON, GEORGIA KNOW ALL MEN BY THESE PRESENTS THAT Bond Number 66265250 DAF Concrete Inc. (as CONTRACTOR, hereinafter referred to as the "Principal"), and, Auto -Owners Insurance Co (as SURETY COMPANY, hereinafter referred to as the "CONTRACTOR'S, SURETY"), are held and firmly bound urim City of Milton,- Georgia (as OWNER, hereinafter referred to as the "City"), for the use and benefit of the City, in the suft-1 of twenty nine thousand eight hundred twenty Dollars (S 29, 820.00which the. .__), lawful rnoiiey of the United States of America, for the payment of Principal and, theContractor's Surety bind themselves, their heirs, executors,'administrators, successors avd,assigns. jointly and severally firmlyby these presents. WHEREAS, thePrincipalhas entered, oris about to enter, unto a certain written agreement with the City for the construction of a project known as INF 18-PWO1 (hereinafter referred to as "the PROJECT"), Wbirh agreement is. incorporated herein .by reference in its entirety. (hereinafter referred to as the"CONTRACV'). NOIV THEREFORE, the conditions of this obligation are as follows: That if the Principal shall fully and completely perform each and all of the terms, provisions, and requirements of the Contract, including, and during the period of any warranties or guarantees required thercunder, and all modifications, amendments, changes, deletions, additions, and alterations thereto that may hereafter be made, and if the Principal and the Contractor's Surety shall indemnifyandhold harmless the, City from any and all losses, liability and damages, claims, judgments, liens, costs and fees of every description 'including but not limited to, any damages for delay, -,vhich the City may incur, sustain or suffer by reason of the failure or default on the part ofthe Principal in the perforinance of anv and all of the terms, provisions,, and requirements of the Contract, including all modifications, amendments, changg es, deletions, additions, and alterations thereto. and any, warranties or guarantees required thereunder,, then this obligation shall be void; otheiwise to rehiain in full force and effect; 2. In the event of a failure of performance of the Contract by the Principal, which shall include, but not be limited to, any breach or default of the Contract: a. The Contractor's Surety shall coinmence, performance of its obligations and undertakings. under this, Bond no later than thirty (30) calendar days after written notice from ,theCity to the Contractor's Surety; and b. The means, method or procedure.by which the Contractor's Stirety undertakes to perforni its obligations under. this Bond shall be subject to the advance written approval of the- City; The Contractor's Surety hereby waives notice of any and all modifications,, omissions, additions, changes,, and advance, payments or deferred payments in or about the Contract, and agrees that the obligations undertaken by this Bond shall not be impaired in any manner by reason of any, such, modifications, omissions, additions;. changes, and advance payments or deferred payments, The Parties farther expressly agree that any action on this Bond maybe. brought within the time allowed by Georgia law for suit on contracts under seal. IN WITNESS WHEREOF, the Principal and Contractor's Surety have here -unto affix -ed Surety their corporate seals and caused this obligation to be signed by their duly -authorized officers or attorneys-in-fact,,as set forth below. AA -(,td /-� cjtL 2 Title ((Assistant) Corporate gecretary) DAF Concrete, Inc. Signature Antonio Sanchez Prim Name. Date President 'title (President or Vice President for Corporation) [AFFIX CORPORATE SEAL] (Name of on t s Surety) Si�mahtre Auto -Owners Insurance Company Print Lame Date Attorney In Fact [AFFIX SEAL] Attest: Stgnature (ATTACH SURETY'S POWER OF ATTORNEY) a s/�lllO-�tl7ftel� IflSllfA!ftCB Bond Number 66265250 Life Home Car Business 7MNRe6@.n'fkpS® PERFORMANCE BOND KNOW ALL BY THESE PRESENTS, that we, DAF CONCRETE INC of 212 HICKS DR SE MARIETTA, GA 30060-3408 (hereinafter called the Principal), as Principal, and Auto -Owners Insurance Company a corporation organized and existing under the laws of the State of Michigan and duly authorized to transact business in the State of GEORGIA, (hereinafter called the Surety), are held and firmly bound unto CITY OF MILTON, GEORGIA, 13000 DEERFIELD PKWY STE 107F, MILTON GA 30004-5026 (hereinafter called the Obligee), in the full and just sum of twenty nine thousand eight hundred twenty and xx/100 dollars ($29,820.00) lawful money of the United States of America, to be paid to the said Obligee to which payment well and truly be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that WHEREAS, the Principal has entered into a contract with the said Obligee, dated the 22nd day of February, 2018 for INF 18-PW01 which contract is herein referred to and made a part of as fully and to the same extent as if the same were entirely written herein and WHEREAS, it was one of the conditions of the award of the said Obligee, pursuant to which said contract was entered into, that these presents should be executed. AND THE SAID SURETY, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the work to be performed thereunder or the specifications accompanying the same shall in anywise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the work or to the specifications. NOW, THEREFORE, if the above Principal shall in all respects comply with the terms and conditions of said contract, and their obligation thereunder, including the specifications therein referred to and made a part thereof, and such alteration as may be made in such specifications, as herein or therein provided for, then this obligation to be void, or otherwise to be and remain in full force, effect and virtue. Signed and sealed this 22ND day of FEBRUARY, 2018. Witness Susan E. Theisen Witness Print Date: 02/22/2018 Print Time: 09:00:23 AM /nL1�� ii�'a �cG�►�%�Zc� Principal ers Insurance Fade q, Paul D. Oppenlander .Bute-OwnersInsurance Bond Number 66265250 Uile HomeCareustness M,h.9�:vy.am ACKNOWLEDGEMENT BY SURETY STATE OF MICHIGAN County of Eaton On this 22ND day of FEBRUARY, 2018, before me personally appeared Paul D. Oppenlander, known to me to be the Attorney -in -Fact of Auto -Owners Insurance Company, the corporation that executed the within instrument, and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, at my office in the aforesaid County, the day and year in this certificate first above written. yNOrnrzY PJBIIC COUMY Of KENT i My Camm'mtlm kxp2' i MARCH IC, 2022 �� r Cou ty t 4+'IyrFrr..... Print Date: 02/2212018 Print Time: 09:00:23 AM J�"" r r�� Susan E. Theisen Notary Public in the State of Michigan County of Kent SUSAN E. THEISEN NOTARY PUBLIC -STATE OF MICHIGAN COUNTY OF KENT My Commission Expires March 10, 2022 Acting in the County of Eaton DATE AND ATTACH TO ORIGINAL BOND AUTO -OWNERS INSURANCE COMPANY LANSING, MICHIGAN NO66265250 POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the AUTO -OWNERS INSURANCE COMPANY AT LANSING, MICHIGAN, a Michigan Corporation, having its principal office at Lansing, County of Eaton, State of Michigan, adopted the following Resolution by the directors of the Company on January 27, 1971; to wit: "RESOLVED, That the President or any Vice President or Secretary or Assistant Secretary of the Company shall have the power and authority to appoint Attorneys -in -fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity, and other writings obligatory in the nature thereof. Signatures of officers and seal of Company imprinted on such powers of attorney by facsimile shall have same force and effect as if manually affixed. Said officers may at any time remove and revoke the authority of any such appointee." Does hereby constitute and appoint Paul D. Oppenlander its true and lawful attorney(s)-in-fact, to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof, and the execution of such instrument(s) shall be as binding upon the AUTO -OWNERS INSURANCE COMPANY AT LANSING, MICHIGAN as fully and amply; to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at its principal office. IN WITNESS WHEREOF; the AUTO -OWNERS INSURANCE COMPANY AT LANSING, MICHIGAN, has caused this to be signed by its authorized officer this 1 st day of August, 2016. Denise Williams Senior Vice President STATE OF MICHIGAN ss. COUNTY OF EATON On this 1st day of August; 2016, before me personally came Denise Williams, to me known, who being duly sworn, did depose and say that they are Denise Williams, Senior Vice President of AUTO -OWNERS INSURANCE COMPANY, the corporation described in and which executed the above instrument, that they know the seal of said corporation, that the seal affixed to said instrument is such Corporate Seal, and that they received said instrument on behalf of the corporation by authority of their office pursuant to a Resolution of the Board of KNOTARY PJBLIC y COUNTY OF KENT • My Comm¢ up,., MARCH. 10. 2022. % . Acting in the ;•_. �. OA% C—lyor Directors of said corporation. +19W" 0 0 M commission expires March 10, 2022 � .. - My P Susan E. Theisen Notary Public STATE OF MICHIGAN Is,. COUNTY OF EATON f I, the undersigned First Vice President, Secretary and General Counsel of AUTO -OWNERS INSURANCE COMPANY, do hereby certify that the authority to issue a power of attorney as outlined in the above board of directors resolution remains in full force and effect as written and has not been revoked and the resolution as set forth is now in force. Signed and sealed at Lansing, Michigan. Dated this 22nd day of February 2018.Oe4.ER.S-It y CORPORATE i n, £a SEAL: m C 9�s/NG MIC4�P a William F. Woodbury, First Vice Pr ident, Secretary and General Counsel 2940 (10-17) Print Date; 02/22/2018 Print Time: 09:00:22 AM "EXHIBIT C.2" CITY OF NTILTON, GEORGIA KNONV ALL IVIEN BY THESE PRESENTS THAT DAF Concrete Inc. (as CONTRACTOR, hereinafter referred to as the -Principal"), and Auto -owners insurance Company (as, SURETY COMPANY, hereinafter referred to as the "CONTRACTOR'S SURETY"), are held Land firmly bound unto City of Milton, Georgia (asON\NEIZ, hereinafter referred to as the "City");, D for the use and benefit of any "Claimant," as hereinafter defined, in the sum of twenty nine thousand eight hundred twenty Dollars ($ 29,820.00.0, lawful money of the United States of America, for the payment of which the Principal and the Contractor's Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal.has entered, or'is, about. to enter, into a certain written agreement with the City, for the construction of a project known as INF 18-PW01 (hereinafter referred to as "the PROJECT"), which agreement is incorporated herein by reference in its entirety (hereinafter I referred to as the "CONTRACT".). NOW THEREFORE, the condition of this obligation is such, that if the Principal shall promptly make payment to, any Claimant, as hereinafter, defined, for all labor,. serNrices, and materials used, or r6as,onably required, for use in the performance, of the Contract, then this obligation on shall be void; otherwise to rcniainin full force and effect. A "ClaimanC' shall be defined herein as, any Subcontractor, person, Party,, partnership, corporation, or other entity furnishing labor, senlices, or materials used or reasonably required for use in the performance of the Contract, without regard to whether such labor, services, or materials were sold, leased, or rented, and withoutregard to whether such Claimant is or is not inprivity of the Contract with the Principal or any Subcontractor performing Work on the Project. In the event of any clairn made by the Claimant against the City, or the filing of a lien a -Contractor's Surety shall either settle gairist the property of the City affected by the Contract. the or resolve the Claim and shall remove airy such lien by bon& or othemise as provided in the Contract. The Parties further expressly agree that any action on this Bond may be'brought within the time allowed by Georgia law for suit on contracts under seal. IN WITNESS VQJEREOF, the Principal and Contractor's Surety bave hereunto. affixed their corporate seals and caused this obligation to be signed by their duly authorized officers, as set forth below. [SIGNATURES ON FOLLOWING PAGE] DAF Concrete. Inc. Signature Antonio Sanchez Print hatnc Date President Title (President or Vice President for Corporation) [AFFLX CORPORATE SEAL] (Nan, a on ctor's Surety) Signature Auto -Owners Insurance Company Print Name Date ► 1 A Attest: Signature (ATT H SURETY'S POWER OF ATTORNEY) LAFFIZ SEAL] a eJ�JLfO—�JtrilefS IflSllfQ'1tC8 Bond Number 66265250 Life Home Car Business TA.ilkXden'Ryd® PAYMENT OR LABOR AND MATERIAL BOND KNOW ALL BY THESE PRESENTS, that we, DAF CONCRETE INC of 212 HICKS DR SE MARIETTA, GA 30060-3408 (hereinafter called the Principal), as Principal, and Auto -Owners Insurance Company a corporation organized and existing under the laws of the State of Michigan and duly authorized to transact business in the State of GEORGIA, (hereinafter called the Surety), are held and firmly bound unto CITY OF MILTON, GEORGIA, 13000 DEERFIELD PKWY STE 107F, MILTON GA 30004-5026 (hereinafter called the Obligee), in the full and just sum of twenty nine thousand eight hundred twenty and xx/100 dollars ($29,820.00) lawful money of the United States of America, to be paid to the said Obligee to which payment well and truly be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that WHEREAS, the Principal has entered into a contract with the said Obligee, dated the 22nd day of February, 2018 for INF 18-PW01 which contract is herein referred to and made a part of as fully and to the same extent as if the same were entirely written herein and WHEREAS, it was one of the conditions of the award of the said Obligee, pursuant to which said contract was entered into, that these presents should be executed. AND THE SAID SURETY, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the work to be performed thereunder or the specifications accompanying the same shall in anywise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the work or to the specifications. NOW, THEREFORE, if the above Principal shall in all accordance with applicable Statutes, promptly have made payment to all persons supplying labor and material in the prosecution of the work provided for in said contract that may hereinafter be made, notice of which modifications to Surety being waived, then this obligation to be void; otherwise to remain in full force and effect. Si ned and sealed this 22ND day of FEBRUARY, 2018. Witness J"" r Susan E. Theisen Witness Print Date: 02/22/2018 Print Time: 09:00:23 AM Principal Paul D. Oppenlander Attorney -in -Fact "EXHIBIT C.3" CITY OF MILTON, GEORGIA KNOW ALL MEN BY THESE PRESENTS THAT DAF Concrete Inc. (as I CONTRACTOR, hereinafter referred to as the "Principal" located at 212 Hicks Drive, Marietta, GA 30060 and Auto -Owners Insurance Company _ (as SURETY COMPANY. hereinafter referred to as the. "Contractor"s Surety"), axe held and Emily bound unto the City of Milton. Georgia (as ONVNER, hereinafter referred to, as the "City"), for the use and benefit of the City for maintenance of iuiprovernlents as described below in the sum .of twenty nine thousand eight hundred twenty total sum paid to, Contractor] ($ 29,820.00 _--), laAful inoney of the United States of America, for the payment of which the Principal and the Contractor's Surety bind themsekies, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. "ERE AS, the Principal has -entered into a certain Nwitteri Agreement with the City for the construction of traffic calming measures. (hereinafter referred to as the "Project") whicli agreement is incorporated herein by reference in its entirety (hereinafter referred to as the "Agreement"); and WHEREAS, said Project is approved by the City of Milton, under the ten -ns that a maintenance bond is required of said Principal upon conclusion of the Project and good and sufficient surety payable to the City, and conditioned that, the Principal shall, for a period of one (1) year beginning on the date of final completion of the last construction provided as part of the, Project, repair and/or replace all defective improvements ("Improvements") involved -in said Project in accordance with all applicable- federal and state laws, with the Agreement, and with all applicable City regulations; including but not limited, to the: Code of Ordinances for the City of Milton, Georgia, in force as of the date of said approval. NOW THEREFORE, the conditions. of this obligation are as follows: LTI-wt if the Principal shall repair and/or replace any and all defects arising, from the Project, whether resulting from defective materials or def6ctive workinanship, and if the Principal and the Contractor's Surely shall, indeninify and hold harmles's the City Aorn any and all losses, liability and dama-es, claims, judgments, liens, costs and fees of every description, including but not limited to, any damages for costs of maintenance of Improvements,, which the City may incur, sustain or suffer by reason of the failure or default on the part of the Principal in the perfonnalice of any and all of the terms, provisions and requirements described herein, then this obligation shall be void; other-xise to remain in full.force and effect; 2.In the event of a failure of performance by the Principal; a. The, Contractor's Surety shall commence performance of its.obligatibias, and undertakings under this bond no later than thirty (30) days after written notice front the City to the Contractor's Surety; and b. The means, method or procedure, by which the. Contractor,s Surety undertakes to perform its, obligations under this bond shall be subject to the advance written approval of the City. The parties finther expressly -agree that any action on this bond may be brought N�dtliin the time allowed by Georgia law for'suit on contracts under seal. IN WITNESS WHEREOF, the Principal and Contractor's Surely have hereunto affixed their corporate seals and caused this obligation to be signed by their duly authorized officers on this 28th day, of February 1201 11. ------------- Print Name Title ((Assistant} COrporate cretary) DAF Concrete, Inc. L �Iil &OLLZI Signature Antonio Sanchez Print Name Date President Title (President or Vice President for Corporation) [AFFIX CORPORATE SEAL] (Name of nt tor's Surety) Signature ' Auto -Owners Insurance Company Print Name Date Attorney In Fact [AFFIX SEAL] Attest: loop �J ) Signature (ATTACH SURETY'S POWER OF ATTORNEY) DATE AND ATTACH TO ORIGINAL BOND AUTO -OWNERS INSURANCE COMPANY LANSING, MICHIGAN NO 66265250 POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS That the AUTO -OWNERS INSURANCE COMPANY AT LANSING, MICHIGAN, a Michigan Corporation, having its principal office at Lansing, County of Eaton, State of Michigan, adopted the following Resolution by the directors of the Company on January 27, 1971, to wit: "RESOLVED, That the President or any Vice President or Secretary or Assistant Secretary of the Company shall have the power and authority to appoint Attorneys -in -fact, and to authorize them to execute on behalf of the Company; and attach the seal of the Company thereto, bonds and undertakings, recognizances; contracts of indemnity, and other writings obligatory in the nature thereof. Signatures of officers and seal of Company imprinted on such powers of attorney by facsimile shall have same force and effect as if manually affixed. Said officers may at anytime remove and revoke the authority of any such appointee." Does hereby constitute and appoint KEITHA GRIFFIN its true and lawful attorney(s)-in-fact, to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof, and the execution of such instrument(s) shall be as binding upon the AUTO -OWNERS INSURANCE COMPANY AT LANSING, MICHIGAN as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at its principal office. IN WITNESS WHEREOF, the AUTO -OWNERS INSURANCE' COMPANY AT LANSING, MICHIGAN; has caused this to be signed by its authorized officer this 1 st day of August, 2016. Denise Williams STATE OF MICHIGAN ss. COUNTY OF EATON Senior Vice President On this 1 st day of August, 2016, before me personally came Denise Williams, to me known, who being duly sworn, did depose and say that they are Denise Williams, Senior Vice President of AUTO -OWNERS INSURANCE COMPANY, the corporation described in and which executed the above instrument, that they know the seal of said corporation, that the seal affixed to said instrument is such Corporate Seal, and that they received said instrument on behalf of the corporation ,by authority of their office pursuant to a Resolution of the Board of Directors of said corporation. My commission expires March 10 2022 Susan E. Theisen STATE OF MICHIGAN Is, COUNTY OF EATON f ryppl E TyF-'ttL t J NOTARY PUBLIC TTt i courmoeKeNT �i, j My ComM, J bo., j MARCH 10. 2022 �. Acling in the yltiNw Counly of .'P Notary Public I, the undersigned First Vice President, Secretary and General Counsel of AUTO -OWNERS INSURANCE COMPANY, do hereby certify that the authority to issue a power of attorney as outlined in the above board of directors resolution remains in full force and effect as written and has not been revoked and the resolution as set forth is now in force. Signed and sealed at Lansing, Michigan. Dated this 28th day of February 2018 o�NrRs/NSG ,moo. i C�O+RCPO/R�ATE _ n yS�Nc M�c��G William F. Woodbury, First Vice Pr ident, Secretary and General Counsel 2940 (10.17) Print Date: 02/28/2018 Print Time:. 10:35:19 AM "EXHIBIT D" NONCOLLUSION AFFIDAVIT OF PRIME BIDDER STATE OF q COUNTY OF n &Abri ! 0 , being first duly sworn, deposes and says that: (1 He is (U Mt1K (Owner, Partner, Officer, Representative, or Agent) of IDY1GI� ,er C{2L,. (the `Bidder") that has submitted the attached Bid; (2) He is fully informed respecting the preparation and contents of the attached Bid and of all pertinent circumstances respecting such Bid; (3) Such Bid is genuine and is not a collusive of sham Bid; (4) Neither the said Bidder nor any of its officers, partners, owners, agents, representatives, employees, or parties in interest, included in this affidavit, has in any way colluded; conspired, connived, or agreed, directly or indirectly, with any other Bidder, firm or person to submit a collusive or sham Bid in connection with the Contract for which the attached Bid has been submitted or to refrain from bidding in connection with such Contract, or has in any manner, directly or indirectly, sought by agreement or collusion or communication or conference with any other Bidder, firm or person to fix the price or prices in the attached Bid or of any other Bidder, or to fix any overhead, profit or cost element of the Bid price of any other Bidder or to secure through any collusion, conspiracy, connivance, or unlawful agreement any advantage against the City of Milton or any person interested in the proposed Contract; and, (5) The price or prices quoted in the attached Bid are fair and proper and are not tainted by any collusion, conspiracy, connivance, or unlawful agreement on the part of the Bidder or any of its agents, representatives, owners, employees, or parties in interest, including this Affiant. (6) Bidder has not directly or indirectly violated any law, ordinance or regulation related to the Bid. A27'0--V7/L? SQNe�&Z Signature of Authorized Officer or Agent xi�Naine and Title of Authorized Officer Jr Agent EFORE Y OF "EXHIBIT E" FINAL AFFIDAVIT STATE OF P.p G - COUNTY OF TO CITY OF MILTON, GEORGIA I, A rJ 4:Q 0 (- y Sa`2Ck-P- Z hereby certify that all suppliers of materials, equipment and service, subcontractors, mechanics, and laborers employed by T)A F ('Oxfrej,-e, I& f_ or any of its subcontractors in connection with the construction of Rzl/DI for City of Milton, Georgia have been paid and satisfied in full as of , 20 , and that there are no outstanding obligations or claims of any kind for the payment of which City of Milton, Georgia on the above named project might be liable, or subject to, in any lawful proceeding at law or in equity. Signature P /�J Cie Title Personally appeared before me this day of ; 20 , who under oath deposes and says that he isof the firm of 0-07 ►'iP:-{, b') L . that he has read the above statement, and that to the best of his knowledge and belief same is an exact true statement. "EXHIBIT F.1" STATE OF f Q I G, COUNTY OF CONTRACTOR AFFIDAVIT AND AGREEMENT By executing this affidavit, the undersigned contractor verifies its compliance with O.CG.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 are as follows: S q Ds40 Federal Work Authorization User Identification. Number ,2-J 6, Date of Authorization D A F Concrete, Inc. Name of Contractor Traffic Calming Measures Name of Project City of Milton, Georgia Name of Public Employer authorization user identification number and date of I hereby declare under penalty of perjury that the foregoing is true and correct. Executed on d- 2(, 20 IVin A -S wry (city); (state). Signature of Authorized Of icer or Agent /4AI�cn c & Q-6W Printed Name and Title of Authorized Officer or Agent 3SCRIBED AND SWORN BEFORE ON THIS THE ;LJ DAY OF 20ja, _ n ®®A 14111 I I /'r® Notary Public ®v JQ�EY •CL y0!®''l [NOTARY SEAL] � �O�ARk My ommissoi x ires. % m • 'OUB-� 2° "EXHIBIT F.2" SUBCONTRACTOR AFFIDAVIT STATE OF _ COUNTY OF N/� 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 wlvch is engaged in the physical performance of services under a contract with D A F Concrete, Inc.. on behalf of the City of Milton has registered with, is authorized to use, and uses the federal work authorization program commonly known as E -Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91. Furthermore, the undersigned subcontractor will continue to use the federal work authorization program throughout the contract period, and the undersigned subcontractor will contract for the physical perfonnance of services in satisfaction of such contract only with sub -subcontractors who present an affidavit to the subcontractor with the information required by O.C.G.A. § 13-10-91(b). Additionally, the undersigned subcontractor will forward notice of the receipt of an affidavit from a sub -subcontractor to the contractor within five (5) business days of receipt. If the undersigned subcontractor receives notice that a sub -subcontractor has received an affidavit from any other contracted sub -subcontractor, the undersigned subcontractor must forward, within five (5) business days of receipt, a copy of the notice to the contractor. Subcontractor hereby attests that its federal work authorization user identification number and date of authorization are as follows: Federal Work Authorization User Identification Number Date of Authorization Name of Subcontractor Traffic Calming Measures Name of Project City of Milton, Georgia Name of Public Employer I hereby declare under penalty of perjury that the foregoing is true and correct. Executed on 201_ in (city), (state). Signature of Authorized Officer or Agent Printed Name and Title of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE DAY OF ,201 . NOTARY PUBLIC [NOTARY SEAL] My Commission Expires: "EXHIB'IT G" See "EXHIBIT A" Section 12.0 EXHIBIT "H" RESERVED "EXHIBIT I" Contractor Responsibilityfor Project and Worksite During Construction I . Maintenance of Worksite: The Contractor shall maintain the Project and the surrounding worksite. Such maintenance duties include, but shall not be limited to, continuous and effective prosecution of the Work day by day with adequate equipment and forces to ensure that the roadway or structures within the Project worksite are kept in satisfactory condition at all times. All existing guard rail, signs, pavement, pavement markings, bridge handrail, traffic control devices and other safety appurtenances that are not subject to removal or relocation in the completion of the Work shall also be maintained in a safe and satisfactory condition. The Contractor shall not allow vegetative growth at any time to obstruct signs, delineation, traffic movements, or sight distance. The Contractor shall, as necessary to keep the worksite clean and clear of all litter and debris, clean up and remove litter and debris. The Contractor shall, at intervals not to exceed 6 months, remove all weeds from around guard rail, barrier, poles, standards, utility facilities, and other structures, and cut or trim trees, bushes, or tall grass. These requirements shall apply to all areas within the Project worksite (i.e., the Project termini and lateral limits). All maintenance costs during construction and before the Work is accepted will be included in the Maximum Contract Price (and any individual flat fee or unit prices), and the Contractor will not be paid any additional compensation for such maintenance services. 2. Repair of Worksite and Private Property In the Case of Damage: The Contractor shall take every precaution against injury or damage to any part of the Project and the surrounding worksite by any cause whatsoever. The Contractor: shall rebuild, repair, restore, and make good all injuries or damages to any portion of the Project or the worksite (with the exception of injury or damage caused by the sole negligence of the Owner) before final completion and shall bear the expense thereof. In case of suspension of Work from any cause whatsoever, the Contractor shall be responsible for the Project and shall take such precautions as may be necessary to prevent damage to the Project, provide for normal drainage and shall erect any necessary temporary structures, signs, or other facilities at its expense. Where the City elects to carry out a portion of the Work, in accordance with Section II(A)(ii) of the Agreement, the City will determine if certain precautions are unnecessary and may be waived in that instance. The Contractor shall also take every precaution against injury or damage to private property in or around the worksite and shall repair or replace any private property damaged (directly or indirectly) by the Work. For purposes of progress payments and retainage calculation, and except where otherwise approved by the City in writing, damage to the Project or the worksite shall be repaired to the satisfaction of the City before the Work shall be deemed to have increased in value such that any further progress payments are due to the Contractor. Further, except where otherwise approved by the City in writing, any damage to private property in or around the worksite, which damage is caused by the Contractor, shall be repaired or otherwise addressed to the satisfaction of the City before the Work shall be deemed to have increased in value such that any further progress payments are due to the Contractor. 3. Roadway Maintenance and Repair Duties in Relation to Traffic ActivitX: If the Project requires that traffic be maintained through the Project worksite during the prosecution of the Work, the Contractor shall assume all responsibility for damage to the Project and surrounding worksite caused by such traffic until final completion of the Work. If the Work requires that traffic be relocated to an alternate roadway or the Project is constructed on a new location, the Contractor shall be responsible for all damage to the Project and the worksite until the City directs that the Project be opened to traffic. At that time, the Contractor will no longer be responsible for traffic -related damage to the Project or worksite other than damage attributable to the Contractor's actions or inadequate construction. NO TO: FROM: MILTON'lt ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM City Council DATE: March 9, 2018 Steven Krokoff, City Manager AGENDA ITEM: Approval of a Professional Services Agreement between the City of Milton and Kittleson & Associates, Inc. for Hopewell at Bethany Roundabout Peer Review. MEETING DATE: Monday, March 19, 2018 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: (-KYES () NO CITY ATTORNEY REVIEW REQUIRED: (,,KYES () NO APPROVAL BY CITY ATTORNEY: (4 -APPROVED (J NOT APPROVED PLACED ON AGENDA FOR: c) 3 it qji 7c' � 2006 Heritage Walk Milton, GA P: 678.242.25001 F: 678.242.2499 infoOcityofmiltonga.us I www.cityofmiltonga.us 0000 To: Honorable Mayor and City Council Members From: Sara Leaders, PE, Transportation Engineer Date: March 7, 2018 for the March 19, 2018 Regular City Council Meeting Agenda Item: Approval of a Professional Services Agreement between the City of Milton and Kittelson & Associates, Inc. for Hopewell at Bethany Roundabout Peer Review _____________________________________________________________________________________ Project Description: The City of Milton TSPLOST Tier 1 project list includes intersection improvements at Hopewell Road and Bethany Bend/Way. The project is currently in the concept development stage. Due to the complexity of the roundabout alternatives, a peer review is requested to evaluate the roundabout concepts for operational and geometric performance. Kittelson is a consultant that has been used on other Milton/GDOT projects for roundabout peer reviews and was selected for this task for professional services. Procurement Summary: Purchasing method used: Professional Services Account Number: 335-4101-541400004 Requisition Total: $10,000 Vendor DBA: Kittelson & Associates, Inc. Other quotes or bids submitted (vendor/$): NA Financial Review: Legal Review: Jarrard & Davis, LLP – Sam VanVolkenburgh, 2/28/18 Attachment(s): Professional Services Agreement HOME OF ' 11- ESTABLISHEDW PROFESSIONAL SERVICES AGREEMENT — SHORT FORM AGREEMENTS $10,000 OR LESS HOPEWELL AT BETHANY ROUNDABOUT PEER REVIEW This Professional Services Agreement ("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, located at 2006 Heritage Walk, Milton, GA 30004 (hereinafter referred to as the "City"), and KITTELSON & ASSOCIATES, INC. an Oregon Corporation having its principal place of business at 851 SW 6fi' Avenue, Suite 600, Portland, OR 97204 (herein after referred to as the "Consultant"), collectively referred to herein as the "Parties." WITNESSETH: WHEREAS, City desires to retain a consultant to provide services in the completion of a Project (defined below); and WHEREAS, Consultant has represented that it is qualified by training and experience to perform the Work (defined below) and desires to perform the Work under the terms and conditions provided in this Agreement; and NOW, THEREFORE, for and in consideration of the mutual promises, the public purposes, and the acknowledgements and agreements contained herein, and other good and adequate consideration, the sufficiency of which is hereby acknowledged, the Parties do mutually agree as follows: Section 1. Agreement. The Agreement shall consist of this Professional Services Agreement and each of the Exhibits hereto, which are incorporated herein by reference, including: Exhibit "A" — Scope of Work Exhibit "B" — Insurance Certificate Exhibit "C" — Contractor Affidavit Exhibit "D" — Subcontractor Affidavit In the event of any discrepancy in or among the terms of the Agreement and the Exhibits hereto, the provision most beneficial to the City, as determined by the City in its sole discretion, shall govern. Section 2. The Work. A general description of the Project is as follows: Providing a peer review of proposed roundabout options for the intersections of Hopewell Road at Bethany Bend/Way/Oaks Point (the "Project'J. The Work to be completed under this Agreement (the "Work") includes, but shall not be limited to, the work described in the Scope of Work provided in Exhibit "A", attached hereto and incorporated herein by reference. Unless otherwise stated in Exhibit "A", the Work includes all material, labor, insurance, tools, equipment, machinery, water, heat, utilities, transportation, facilities, services and any other miscellaneous items and work necessary to complete the Work. Some details necessary for proper execution and completion of the Work may not be specifically described in the Scope of Work, but they are a requirement of the Work if they are a usual and customary component of the contemplated services or are otherwise necessary for proper completion of the Work. Section 3. Contract Term: Termination. Consultant understands that time is of the essence of this Agreement and warrants and represents that it will perform the Work in a prompt and timely manner, which shall not impose delays on the progress of the Work. The term of this Agreement ("Term") shall commence as of the Effective Date, and the Work shall be completed, and the Agreement shall terminate, on or before May 1, 2015 (provided that certain obligations will survive termination/expiration of this Agreement). City may terminate this Agreement for convenience at any time upon providing written notice thereof to Consultant. Provided that no damages are due to City for Consultant's breach of this Agreement, City shall pay Consultant for Work performed to date in accordance with Section 5 herein. Section 4. Work Changes. Any changes to the Work requiring an increase in the Maximum Contract Price (defined below) shall require a written change order executed by the City in accordance with its purchasing regulations. Section 5. Compensation and Method of Payment. The total amount paid under this Agreement as compensation for Work performed and reimbursement for costs incurred shall not, in any case, exceed $10,000 (the "Maximum Contract Price"), except as outlined in Section 4 above, and Consultant represents that this amount is sufficient to perform all of the Work set forth in and contemplated by this Agreement. The compensation for Work performed shall be a flat fee with no reimbursement for costs incurred. 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. City agrees to pay Consultant for the Work performed and costs incurred by Consultant upon certification by City that the Work was actually performed and costs actually incurred in accordance with the Agreement. No payments will be made for unauthorized work. Compensation for Work performed and, if applicable, reimbursement for costs incurred shall be paid to Consultant upon City's receipt and approval of invoices, setting forth in detail the services performed and costs incurred, along with all supporting documents required by the Agreement or requested by City to process the invoice. A single invoices shall be submitted on the completion of the Work. Section 6. Covenants of Consultant. A. Licenses Certification and Permits. Consultant covenants and declares that it has obtained all diplomas, certificates, licenses, permits or the like required of Consultant by any and all national, state, regional, county, or local boards, agencies, commissions, committees or other regulatory bodies in order to perform the Work contracted for under this Agreement. Consultant shall employ only persons duly qualified in the appropriate area of expertise to perform the Work described in this Agreement. B. Expertise of Consultant 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. City will not, and need not, inquire into adequacy, fitness, suitability or correctness of Consultant's performance. Consultant acknowledges and agrees that the acceptance or approval of Work by City is limited to the function of determining whether there has been compliance with what is required to be produced under this Agreement and shall not relieve Consultant of the responsibility for adequacy, fitness, suitability, and correctness of Consultant's Work under professional and industry standards. C. Consultant's Reliance on Submissions by City. Consultant must have timely information and input from City in order to perform the Work required under this Agreement. Consultant is entitled to rely upon information provided by City, but Consultant shall provide immediate written notice to City if Consultant knows or reasonably should know that any information provided by City is erroneous, inconsistent, or otherwise problematic. D. Consultant's Representative; Meetings. Justin Bansen shall be authorized to act on Consultant's behalf with respect to the Work as Consultant's designated representative, provided that this designation shall not relieve either Party of any written notice requirements set forth elsewhere in this Agreement. Consultant shall meet with City's personnel or designated representatives to resolve technical or contractual problems that may occur during the Term of this Agreement at no additional cost to the City. E. Assi nment of A reement. Consultant covenants and agrees not to assign or transfer any interest in, or delegate any duties of, this Agreement, without the prior express written consent of the City. F. Res onsibili 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 2 to attorney's fees and costs of defense ("Liabilities'), which may arise from or be the result of an alleged willful, negligent or tortious act or omission arising out of the Work, performance of contracted services, or operations by Consultant, any subcontractor, anyone directly or indirectly employed by Consultant or subcontractor or anyone for whose acts or omissions Consultant or subcontractor may be liable, regardless of whether or not the act or omission is caused in part by a party indemnified hereunder; provided that this indemnity obligation shall only apply to the extent Liabilities are caused by or result from the negligence, recklessness, or intentionally wrongful conduct of the Consultant or other persons employed or utilized by the Consultant in the performance of this Agreement. This obligation shall not be construed to negate, abridge, or otherwise reduce any other right or obligation of indemnity which would otherwise exist as to any party or person described in this provision. This obligation to indemnify, defend, and hold harmless the Indemnified Party(ies) shall survive expiration or termination of this Agreement, provided that the claims are based upon or arise out of actions or omissions that occurred during the performance of this Agreement. G. Independent Contractor. Consultant hereby covenants and declares that it is engaged in an independent business and agrees to perform the Work as an independent contractor and not as the agent or employee of City. Consultant agrees to be solely responsible for its own matters relating to the time and place the Work is performed and the method used to perform such Work; the instrumentalities, tools, supplies and/or materials necessary to complete the Work; hiring and payment of consultants, agents or employees to complete the Work, including benefits and compliance with Social Security, withholding and all other regulations governing such matters. Any provisions of this Agreement that may appear to give City the right to direct Consultant as to the details of the services to be performed by Consultant or to exercise a measure of control over such services will be deemed to mean that Consultant shall follow the directions of City with regard to the results of such services only. Inasmuch as City and Consultant are independent of each other, neither has the authority to bind the other to any thud person or otherwise to act in any way as the representative of the other, unless otherwise expressly agreed to in writing signed by both Parties. Consultant agrees not to represent itself as City's agent for any purpose to any party or to allow any employee of Consultant to do so, unless specifically authorized., in advance and in writing, to do so, and then only for the limited purpose stated in such authorization. Consultant shall assume full liability for any contracts or agreements Consultant enters into on behalf of City without the express knowledge and prior written consent of City. H. Insurance. Consultant shall have and maintain in full force and effect for the duration of this Agreement, insurance of the types and amounts approved by the City, as shown on Exhibit "B", attached hereto and incorporated herein by reference. Consultant shall also ensure that any subcontractors are covered by insurance policies meeting the requirements specified herein and provide proof of such coverage. As it relates to any general liability, automobile liability or umbrella policies, and except where such requirement is specifically waived in writing by the City, Consultant shall ensure that its insurer waives all rights of subrogation against the City for losses arising from Consultant's Work and that the City and its officials, employees or agents are named as additional insureds. I. Employment of Unauthorized Aliens Prohibited — E -Verify Affidavit. Pursuant to O.C.G.A. § 13-10-91, City shall not enter into a contract for the physical performance of services unless: (1) Consultant shall provide evidence on City -provided forms, attached hereto as Exhibits "C" and I'D" (affidavits regarding compliance with the E -Verify program to be sworn under oath under criminal penalty of false swearing pursuant to O.C.G.A. § 16-10-71), that it and Consultant's subcontractors have registered with, are authorized to use and use the federal work authorization program commonly known as E -Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91, and that they will continue to use the federal work authorization program throughout the contract period, or (2) Consultant provides evidence that it is not required to provide an affidavit because it is an individual (not a company) licensed pursuant to Title 26 or Title 43 or by the State Bar of Georgia and is in good standing. Consultant hereby verifies that it has, prior to executing this Agreement, executed a notarized affidavit, the form of which is provided in Exhibit "C", and submitted such affidavit to City or provided City with evidence that it is an individual not required to provide such an affidavit because it is licensed and in good standing as noted in sub -subsection (2) above. Further, Consultant hereby agrees to comply with the requirements of the federal Immigration Reform and Control Act of 1986 (IBCA), P.L. 99-603, O.C.G.A. § 13-10-91 and Georgia Department of Labor Rule 300-10-1-.02. In the event Consultant employs or contracts with any subcontractor(s) in connection with the covered contract, Consultant agrees to secure from such subcontractor(s) attestation of the subcontractor's compliance with O.C.G.A. § 13-10-91 and Rule 300-10-1-.02 by the subcontractor's execution of the subcontractor affidavit, the form of which is attached hereto as Exhibit "D", which subcontractor affidavit shall become part of the Consultant/subcontractor agreement, or evidence that the subcontractor is not required to provide such an affidavit because it is an individual licensed and in good standing as 3 noted in sub -subsection (2) above. If a subcontractor affidavit is obtained, Consultant agrees to provide a completed copy to City within five (5) business days of receipt from any subcontractor. Consultant and Consultant's subcontractors shall retain all documents and records of their respective verification process for a period of five (5) years following completion of the contract. Consultant agrees that the employee -number category designated below is applicable to Consultant. [Information only required if a contractor affidavit is required pursuant to O.C.G.A. § 13-10-91.] 500 or more employees. i� 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. § 13-10-91, Consultant will secure from the subcontractor(s) such subcontractor(s') indication of the above employee -number category that is applicable to the subcontractor. The above requirements shall be in addition to the requirements of state and federal law, and shall be construed to be in conformity with those laws. J. Ethics Code; Conflict of Interest. Consultant agrees that it shall not engage in any activity or conduct that would result in a violation of the City of Milton Code of Ethics or any other similar law or regulation. Consultant certifies that to the best of its knowledge no circumstances exist which will cause a conflict of interest in performing the Work. Consultant and City acknowledge that it is prohibited for any person to offer, give, or agree to give any City employee or official, or for any City employee or official to solicit, demand, accept, or agree to accept from another person, a gratuity of more than nominal value or rebate or an offer of employment in connection with any decision, approval, disapproval, recommendation, or preparation of any part of a program requirement or a purchase request, influencing the content of any specification or procurement standard, rendering of advice, investigation, auditing, or in any other advisory capacity in any proceeding or application, request for ruling, determination, claim or controversy, or other particular matter, pertaining to any program requirement or a contract or subcontract, or to any solicitation or proposal therefor. Consultant and City further acknowledge that it is prohibited for any payment, gratuity, or offer of employment to be made by or on behalf of a sub -consultant under a contract to the prime Consultant or higher tier sub -consultant, or any person associated therewith, as an inducement for the award of a subcontract or order. K. Confidentiality. Consultant acknowledges that it may receive confidential information of City and that it will protect the confidentiality of any such confidential information and will require any of its subcontractors, consultants, and/or staff to likewise protect such confidential information. L. Authority to Contract. The individual executing this Agreement on behalf of Consultant covenants and declares that it has obtained all necessary approvals of Consultant's board of directors, stockholders, general partners, limited partners or similar authorities to simultaneously execute and bind Consultant to the terms of this Agreement, if applicable. M. Ownership of Work. All reports, designs, drawings, plans, specifications, schedules, work product and other materials, including, but not limited to, those in electronic form, prepared or in the process of being prepared for the Work to be performed by Consultant ("Materials") shall be the property of City, and City shall be entitled to full access and copies of all Materials in the form prescribed by City. Any and all copyrightable subject matter in all Materials is hereby assigned to City, and Consultant agrees to execute any additional documents that may be necessary to evidence such assignment. N. Nondiscrimination. In accordance with Title VI of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000d, section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6102, section 202 of the Americans with Disabilities Act of 1990, 42 U.S.C. § 12132, and all other provisions of Federal law, 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. 4 Section 7. Miscellaneous. A. Entire Agreement, Counterparts, Third Party Rights. This Agreement, including any exhibits hereto, constitutes the complete agreement between the Parties and supersedes any and all other agreements, either oral or in writing, between the Parties with respect to the subject matter of this Agreement. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, but all of which taken together shall constitute one and the same instrument. This Agreement shall be exclusively for the benefit of the Parties and shall not provide any third parties with any remedy, claim, liability, reimbursement, cause of action or other right. B. Governine Law,• Business License; Pro er Execution. This Agreement shall be governed by and construed in accordance with the laws of the State of Georgia without regard to choice of law principles. Any action or suit related to this Agreement shall be brought in the Superior Court of Fulton County, Georgia, or the U.S. District Court for the Northern District of Georgia — Atlanta Division, and Consultant submits to the jurisdiction and venue of such court. During the Term of this Agreement, Consultant shall maintain a business license with the City, unless Consultant provides evidence that no such license is required. Consultant agrees that it will perform all Work in accordance with the standard of care and quality ordinarily expected of competent professionals and in compliance with all federal, state, and local laws, regulations, codes, ordinances, or orders applicable to the Project, including, but not limited to, any applicable records retention requirements and Georgia's Open Records Act (O.C.G.A. § 50-18-71, etseq). C. Captions and Severability. All headings herein are intended for convenience and case of reference purposes only and in no way define, limit or describe the scope or intent thereof, or of this Agreement, or in any way affect this Agreement. D. Notices. All notices, requests, demands, writings, or correspondence, as required by this Agreement, shall be in writing and shall be deemed received, and shall be effective, when: (1) personally delivered, or (2) on the third day after the postmark date when mailed by certified mail, postage prepaid, return receipt requested, or (3) upon actual delivery when sent via national overnight commercial carrier to the Party at the address first given above or at a substitute address previously furnished to the other Party by written notice in accordance herewith. E. Waiver; Sovereign Immunity. No express or implied waiver shall affect any term or condition other than the one specified in such waiver, and that one only for the time and manner specifically stated. Nothing contained in this Agreement shall be construed to be a waiver of City's sovereign immunity or any individual's qualified, good faith or official immunities. F. A reement Construction and Interuretation; Invalidity of Provisions; Severability. Consultant represents that it has reviewed and become familiar with this Agreement and has notified City of any discrepancies, conflicts or errors herein. The Parties agree that, if an ambiguity or question of intent or interpretation arises, this Agreement is to be construed as if the Parties had drafted it jointly, as opposed to being construed against a Party because it was responsible for drafting one or more provisions of the Agreement. In the interest of brevity, the Agreement may omit modifying words such as "all" and "any" and articles such as "the" and "an," but the fact that a modifier or an article is absent from one statement and appears in another is not intended to affect the interpretation of either statement. Should any article(s) or scction(s) of this Agreement, or any part thereof, later be deemed illegal, invalid or unenforceable by a court of competent jurisdiction, the offending portion of the Agreement should be severed, and the remainder of this Agreement shall remain in full force and effect to the extent possible as if this Agreement had been executed with the invalid portion hereof eliminated, it being the intention of the Parties that they would have executed the remaining portion of this Agreement without including any such part, parts, or portions that may for any reason be hereafter declared invalid. Ratification of this Agreement by a majority of the Mayor and City Council shall authorize the Mayor to execute this Agreement on behalf of City. IN WITNESS WHEREOF, City and Consultant have executed this Agreement, effective as of the Effective Date first above written. [SIGNATURES ON FOLLOWING PAGE] S CONSULTAN . ittelson Associates, Inc. Signature: Print Name: S6r rt ct.i S e,, Title: (Corporation) �SSa c :use �n�rr�a Attest/Witness: Signature: Print 2— Title: [CORPORATE SEAL] (required if corporation) 0WI.Nowy jel� MY mal Fiovida aP oG assn (Assistant) Coq*m ecretary(required if corporation) P"I" CITY OF MILTON, GEORGIA Attest: Signature: Print Name: _ Title: City Clerk Approved as to form: City Attorney By: Joe Lockwood, Mayor [CITY SEAL] 6 EXHIBIT "A" KITTELSON .. & ASSQCIATES February 13, 2018 Project #: 22449.p Sara Leaders, PE, LSIT City of Milton 2005 Heritage Walk Milton, GA 30004 RE. Hopewell Road (From Bethany Way to Bethany Bend) Roundabout Peer Review Dear Sara: Attached is a proposal for roundabout peer review associated with the proposed roundabout improvements on Hopewell Road between Bethany Way and Bethany Bend. Part "A" identifies our proposed services for the project. This scope was developed based on our discussions with you, information provided to date, and our familiarity with GDOT requirements. The work is anticipated to include review of two different geometric alternatives for a system of three closely spaced intersections. Between the two alternatives, there are three roundabouts that will be reviewed under this contract for operational performance and initial geometric performance checks. We propose to conduct the services (detailed in Part "A" herein) on a lump sum basis for $10,000. This proposal (scope of work, budget, and timeline) is effective for sixty days. The scope of work covers roundabout peer review for the concept phase of the project. Roundabout peer review during the PFPR or FFPR phases of the project will be additional services, if required. Please review this proposal at your earliest convenience. Thank you for the opportunity to propose on this project. If you have any questions please call us at 407-540-0555. Sincerely, KITTELSON & ASSOCIATES, INC. Justin Bansen Associate Engineer RE: Hopewell Road (From Bethany Way to Bethany Send) Roundabout Peer Review PART A - SCOPE OF WORK Task 1: Roundabout Operational Analysis Review Project #:12949, p Page: 2 of 2 Perform a review of the operational analyses contained in the Traffic Engineering (TE) Study. If necessary, KAI will independently replicate selected operational analyses alternative(s) to verify the needed roundabout lane configurations at each intersection. Peer review of the TE study will be focused on the operational analysis of the proposed intersection alternatives and recommendations. No review of the traffic volume forecasting is included. Traffic volumes for the opening and design year will be assumed to have been reviewed and approved previously by others. Perform a cursory review of the VISSIM microsimulation that was prepared by Pond & Company for the 2040 PM peak hour. Two geometric scenarios (Concept 1 and Alt C) are assumed for review. The City of Milton to provide all pertinent data regarding model calibration and model input/outputs to facilitate the review. The KAI review may include basic verification of model coding, such as: driver yielding behaviors, travel speeds and speed decisions, volumes, and model construction. Task 2: Concept Level Geometric Roundabout Peer Review KAI will perform a cursory review the roundabout horizontal concepts developed for the study intersections. Two geometric scenarios will be evaluated which include three total roundabout layouts: (1) One roundabout at Bethany Oaks Point and (2) two roundabouts at Bethany Bend and Bethany Way. The review will be conducted based upon the design principles outlined in NCHRP Report 672, Roundabouts: An Informational Guide — 2nd Edition and as augmented by KAI's practical and research experience. Redline mark-ups and/or written comments will be provided to flag potential areas of the design that could be further refined. The primary goal of the review will be to verify the reasonableness of the proposed roundabout concept along with the corresponding footprint and property impacts. The cursory review will include the following: Fastest Path Speeds — KAI will independently verify that the proposed design meets performance objectives for fastest path speed control. Design vehicle accommodation — KAI will review the design vehicle swept paths to verify that the roundabout design adequately accommodates the design vehicle for each of the turning movements. Design vehicle paths to be provided to KAI by the City of Milton. Vehicle path alignment — KAI will review the alignment and channelization of vehicles through the roundabout and identify potential locations for vehicle path overlap. Driver view angles will also be reviewed. Multimodal accommodation - Review pedestrian crossing locations, splitter island/pedestrian refuge design, and bicycle features (if applicable). General design features — Provide comments (as necessary) related to dimensions of various geometric elements (Inscribed circle diameter, radii, lane widths, etc.). Task 3: Documentation ■ KAI will prepare a brief memo to summarize key findings. Redline mark-ups of the design concept will be provided to illustrate key findings and areas where additional design refinement is suggested. ■ Prepare for and participate in one conference call with the City to discuss results of the review. Kittelson & Associates, inc. Orlando, Florida EXHIBIT "B" EXHIBIT "C" STATE OF ��i �"� COUNTY OF U 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: 158907 Federal Work Authorization User Identification Number 10/16/2008 Date of Authorization Kittelson & Associates, Inc_. Name of Contractor Ho ewell at BethanRoundabout Peer Review Name of Project City of Milton. Georgia Name of Public Employer I hereby declare under penalty of perjury that the foregoing is true anpcorrect. Execut on , 2013 in (city), q-1- (state). Si0 iature of Auorized Officer or Agent Justin Bansen, Associate Engineer Printed Name and Title of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE � DAY OF �ku-L-V-, 201- . NOTARY PUBLIC [NOTARY S55R FbrMm 53578 My Commission Expires: STATE OF COUNTY OF A)IA EXHIBIT "D" SUBCONTRACTOR AFFIDAVIT By executing this affidavit, the undersigned subcontractor verifies its compliance with 0.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 Kittelson & Associates, Inc. (name of contractor) on behalf of the City of Milton, Georgia has registered with, is authorized to use and uses the federal work authorization program commonly. known as E -Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91. Furthermore, the undersigned subcontractor will continue to use the federal work authorization program throughout the contract period, and the undersigned subcontractor will contract for the physical performance of services in satisfaction of such contract only with sub -subcontractors who present an affidavit to the subcontractor with the information required by O.C.G.A. § 13-10-91(b). Additionally, the undersigned subcontractor will forward notice of the receipt of an affidavit from a sub -subcontractor to the contractor within five (5) business days of receipt. If the undersigned subcontractor receives notice that a sub -subcontractor has received an affidavit from any other contracted sub -subcontractor, the undersigned subcontractor must forward, within five (5) business days of receipt, a copy of the notice to the contractor. Subcontractor hereby attests that its federal work authorization user identification number and date of authorization are as follows: Federal Work Authorization User Identification Number Date of Authorization Name of Subcontractor Hopewell at Bgt-h—any Roundabout Peer Review 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: AI MILTON' k ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE:March 9, 2018 FROM: Steven Krokoff, City Manager✓ AGENDA ITEM: Approval of a Professional Services Agreement between the City of Milton and InterDev, LLC. For a GIS Assessment. MEETING DATE: Monday, March 19, 2018 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: (44ES (J NO APPROVAL BY CITY ATTORNEY: (-r'A'PPROVED (J NOT APPROVED PLACED ON AGENDA FOR: 051 I q I zo, 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: David Frizzell, IT Manager Date: March 1, 2018, for the March 19, 2018 Regular City Council Meeting Agenda Item: Approval of the Optional GIS Assessment Scope of Work within the February 21, 2018 Approved Professional Services Agreement between the City of Milton and Interdev, LLC, _____________________________________________________________________________________ Project Description: After the initial Interdev assessment it was determined that the optional GIS Assessment outlined in the original PSA on the February 21, 2018 should be performed. This provides a third-party evaluation and assessment of the city’s IT environment, infrastructure, and security. Pricing for the GIS Assessment was outlined in the original PSA approved by legal and council. Procurement Summary: Purchasing method used: Professional Services Account Number: 100-1535-521200000 Requisition Total: $ 3,500.00 Vendor DBA: Interdev, LLC Financial Review: Bernadette Harvill, 3/02/18 Legal Review: Sam VanVolkenburgh, 2/01/18 Attachment(s): 18-02-16 - InterDev, LLC - Professional Services Agreement-Short Form.pdf MWEOF'THE BEST GUAM OF TIFF w GF MILTONIP EST"121HEO= PROFESSIONAL SERVICES AGREEMENT — SHORT FORM �]' 4 r This Professional Services Agreement ("Agreement") is made and entered into this [/t day of T , 20La (the "Effective Date"), by and between the CITY OF MILTON, GEORGIA, a municipal corporation of the State of Georgia, acting by and through its governing authority, the Mayor and City Council, located at 2006 Heritage Walk, Milton GA 30004 (hereinafter referred to as the "City"), and InterDev, LLC, a Georgia Limited Liability Company, having its principal place of business at 2650 Holcomb Bridge Rd, Suite 310, Alpharetta GA 30022 (herein after referred to as the "Consultant"), collectively referred to herein as the "Parties." LIA k I a **1 til Ii :i� WHEREAS, City desires to retain a consultant to provide services in the completion of a Project (defined below); and WHEREAS, Consultant has represented that it is qualified by training and experience to perform the Work (defined below) and desires to perform the Work under the terms and conditions provided in this Agreement; and NOW, THEREFORE, for and in consideration of the mutual promises, the public purposes, and the acknowledgements and agreements contained herein, and other good and adequate consideration, the sufficiency of which is hereby acknowledged, the Parties do mutually agree as follows: Section 1. Agreement. The Agreement shall consist of this Professional Services Agreement and each of the Exhibits hereto, which are incorporated herein by reference, including: Exhibit "A" — Scope of Work Exhibit "B" — Insurance Certificate Exhibit "C" — Contractor Affidavit Exhibit "D" — Subcontractor Affidavit In the event of any discrepancy in or among the terms of the Agreement and the Exhibits hereto, the provision most beneficial to the City, as determined by the City in its sole discretion, shall govern. Section 2. The Werk. A general description of the Project is as follows: an evaluation and assessment of the City's current IT environment, providing an analysis of the Information Technology structure and operations throughout the City of Milton (the "Project"). The Work to be completed under this Agreement (the "Work") includes, but shall not be limited to, the work described in the Scope of Work provided in Exhibit "A", attached hereto and incorporated herein by reference. The Work will not include the GIS assessment shown as "optional" in Exhibit "A." Unless otherwise stated in Exhibit "A", the Work includes all material, labor, insurance, tools, equipment, machinery, water, heat, utilities, transportation, facilities, services and any other miscellaneous items and work necessary to complete the Work. Some details necessary for proper execution and completion of the Work may not be specifically described in the Scope of Work, but they are a requirement of the Work if they are a usual and customary component of the contemplated services or are otherwise necessary for proper completion of the Work. Section 3. Contract Term: Termination. Consultant understands that time is of the essence of this Agreement and warrants and represents that it will perform the Work in a prompt and timely manner, which shall not impose delays on the progress of the Work. The term of this Agreement ("Tenn") shall commence as of the Effective Date, and the Work shall be completed, and the Agreement shall terminate, on or before March 30, 2018 (provided that certain obligations will survive termination/expiration of this Agreement). City may terminate this Agreement for convenience at any time upon providing written notice thereof to Consultant. Provided that no damages are due to City for Consultant's breach of this Agreement, City shall pay Consultant for Work performed to date in accordance with Section 5 herein. The Parties acknowledge that this Agreement is not a "multi-year purchase agreement" as contemplated by O.C.G.A. § 36-60-13. Section 4. Work Changes. Any changes to the Work requiring an increase in the Maximum Contract Price (defined below) shall require a written change order executed by the City in accordance with its purchasing regulations. Section 5. Compensation and Method of Payment. The total amount paid under this Agreement as compensation for Work performed shall not, in any case, exceed $14,500.00 (the "Maximum Contract Price"), except as outlined in Section 4 above, and Consultant represents that this amount is sufficient to perform all of the Work set forth in and contemplated by this Agreement. The compensation for Work performed shall be based upon the flat fee of $14,500. 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. 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. No payments will be made for unauthorized work. Compensation for Work performed shall be paid to Consultant upon City's receipt and approval of a final invoice, along with all supporting documents required by the Agreement or requested by City to process the invoice. The invoice shall be submitted upon completion of the Work. Section 6. Covenants of COnSllltant. A. Licenses, Certification and Permits. Consultant covenants and declares that it has obtained all diplomas, certificates, licenses, permits or the like required of Consultant by any and all national, state, regional, county, or local boards, agencies, commissions, committees or other regulatory bodies in order to perform the Work contracted for under this Agreement. Consultant shall employ only persons duly qualified in the appropriate area of expertise to perform the Work described in this Agreement. B. Expertise of Consultant, 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. City will not, and need not, inquire into adequacy, fitness, suitability or correctness of Consultant's performance. Consultant acknowledges and agrees that the acceptance or approval of Work by City is limited to the function of determining whether there has been compliance with what is required to be produced under this Agreement and shall not relieve Consultant of the responsibility for adequacy, fitness, suitability, and correctness of Consultant's Work under professional and industry standards. C. Consultant's Reliance on Submissions by City. Consultant must have timely information and input from City in order to perform the Work required under this Agreement. Consultant is entitled to rely upon information provided by City, but Consultant shall provide immediate written notice to City if Consultant knows or reasonably should know that any information provided by City is erroneous, inconsistent, or otherwise problematic. D. Consultant's Representative, Meetinim Ashley Smith IINSERT NAME j shall be authorized to act on Consultant's behalf with respect to the Work as Consultant's designated representative, provided that this designation shall not relieve either Party of any written notice requirements set forth elsewhere in this Agreement. Consultant shall meet with City's personnel or designated representatives to resolve technical or contractual problems that may occur during the Term of this Agreement at no additional cost to the City. E. Assignment of Aereement. Consultant covenants and agrees not to assign or transfer any interest in, or delegate any duties of, this Agreement, without the prior express written consent of the City. F. Responsibility of Consultant and Indemnification of City. Consultant covenants and agrees to take and assume all responsibility for the Work rendered in connection with this Agreement. Consultant shall bear all losses and damages directly or indirectly resulting to it and/or City on account of the performance or character of the Work rendered pursuant to this Agreement. Consultant shall defend, indemnify and hold harmless City and City's elected and appointed officials, officers, boards, commissions, employees, representatives, consultants, servants, agents, attorneys and volunteers (individually an "Indemnified Party" and collectively "indemnified Parties") from and against any and all claims, suits, actions, judgments, injuries, damages, losses, costs, expenses and liability of any kind whatsoever, including but not limited to attorney's fees and costs of defense ("Liabilities"), which may arise from or be the result of an alleged willful, negligent or tortious act or omission arising out of the Work, performance of contracted services, or operations by Consultant, any 2 subcontractor, anyone directly or indirectly employed by Consultant or subcontractor or anyone for whose acts or omissions Consultant or subcontractor may be liable, regardless of whether or not the act or omission is caused in part by a party indemnified hereunder; provided that this indemnity obligation shall only apply to the extent Liabilities are caused by or result from the negligence, recklessness, or intentionally wrongful conduct of the Consultant or other persons employed or utilized by the Consultant in the performance of this Agreement. This obligation shall not be construed to negate, abridge, or otherwise reduce any other right or obligation of indemnity which would otherwise exist as to any party or person described in this provision. This obligation to indemnify, defend, and hold harmless the Indemnified Party(ies) shall survive expiration or termination of this Agreement, provided that the claims are based upon or arise out of actions or omissions that occurred during the performance of this Agreement. Notwithstanding any provision to the contrary in Exhibit "A", this Agreement will not require the City to indemnify Consultant, However, nothing in this Agreement will be construed as a waiver by Consultant of any valid claim or cause of action against the City. G. Independent Contractor. Consultant hereby covenants and declares that it is engaged in an independent business and agrees to perform the Work as an independent contractor and not as the agent or employee of City. Consultant agrees to be solely responsible for its own matters relating to the time and place the Work is performed and the method used to perform such Work; the instrumentalities, tools, supplies and/or materials necessary to complete the Work; hiring and payment of consultants, agents or employees to complete the Work, including benefits and compliance with Social Security, withholding and all other regulations governing such matters. Any provisions of this Agreement that may appear to give City the right to direct Consultant as to the details of the services to be performed by Consultant or to exercise a measure of control over such services will be deemed to mean that Consultant shall follow the directions of City with regard to the results of such services only. Inasmuch as City and Consultant are independent of each other, neither has the authority to bind the other to any third person or otherwise to act in any way as the representative of the other, unless otherwise expressly agreed to in writing signed by both Parties. Consultant agrees not to represent itself as City's agent for any purpose to any party or to allow any employee of Consultant to do so, unless specifically authorized, in advance and in writing, to do so, and then only for the limited purpose stated in such authorization. Consultant shall assume full liability for any contracts or agreements Consultant enters into on behalf of City without the express knowledge and prior written consent of City. H. Insurance. Consultant shall have and maintain in full force and effect for the duration of this Agreement, insurance of the types and amounts approved by the City, as shown on Exhibit "B", attached hereto and incorporated herein by reference. Consultant shall also ensure that any subcontractors are covered by insurance policies meeting the requirements specified herein and provide proof of such coverage. As it relates to any general liability, automobile liability or umbrella policies, and except where such requirement is specifically waived in writing by the City, Consultant shall ensure that its insurer waives all rights of subrogation against the City for losses arising from Consultant's Work and that the City and its officials, employees or agents are named as additional insureds. 1. Employment of Unauthorized Aliens Prohibited — E -Verify Affidavit. Pursuant to Q.C.G.A. § 13-10-91, City shall not enter into a contract for the physical performance of services unless: (1) Consultant shall provide evidence on City -provided forms, attached hereto as Exhibits "C" and "D" (affidavits regarding compliance with the E -Verify program to be sworn under oath under criminal penalty of false swearing pursuant to a.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 D.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 forth of which is provided in Exhibit "C", and submitted such affidavit to City or provided City with evidence that it is an individual not required to provide such an affidavit because it is licensed and in good standing as noted in sub -subsection (2) above. Further, Consultant hereby agrees to comply with the requirements of the federal Immigration Reform and Control Act of 1986 (IBCA), P.L. 99-603, G.C.G.A. § 13-10-91 and Georgia Department of Labor Rule 300-10-1-.02. In the event Consultant employs or contracts with any subcontractor(s) in connection with the covered contract, Consultant agrees to secure from such subcontractor(s) attestation of the subcontractor's compliance with O.C.G.A. § 13-10-91 and Rule 300-10-1-.02 by the subcontractor's execution of the subcontractor affidavit, the form of which is attached hereto as 3 Exhibit "D", which subcontractor affidavit shall become part of the Consultant/subcontractor agreement, or evidence that the subcontractor is not required to provide such an affidavit because it is an individual licensed and in good standing as noted in sub -subsection (2) above. If a subcontractor affidavit is obtained, Consultant agrees to provide a completed copy to City within five (5) business days of receipt from any subcontractor. Consultant and Consultant's subcontractors shall retain all documents and records of their respective verification process for a period of five (5) years following completion of the contract. Consultant agrees that the employee -number category designated below is applicable to Consultant. [Information only required if a contractor affidavit is required pursuant to O.C.G.A, § 13-1.0-91.] [CHECK ONE] 500 or more employees. 100 or more employees. X Fewer than 100 employees. Consultant hereby agrees that, in the event Consultant employs or contracts with any subcontractor(s) in connection with this Agreement and where the subcontractor is required to provide an affidavit pursuant to O.C.G.A. § 13-10-91, Consultant will secure from the subcontractor(s) such subcontractor(s') indication of the above employee -number category that is applicable to the subcontractor. The above requirements shall be in addition to the requirements of state and federal law, and shall be construed to be in conformity with those laws. J. Ethics Code; Conflict of Interest. Consultant agrees that it shall not engage in any activity or conduct that would result in a violation of the City of Milton Code of Ethics or any other similar law or regulation. Consultant certifies that to the best of its knowledge no circumstances exist which will cause a conflict of interest in performing the Work. Consultant and City acknowledge that it is prohibited for any person to offer, give, or agree to give any City employee or official, or for any City employee or official to solicit, demand, accept, or agree to accept from another person, a gratuity of more than nominal value or rebate or an offer of employment in connection with any decision, approval, disapproval, recommendation, or preparation of any part of a program requirement or a purchase request, influencing the content of any specification or procurement standard, rendering of advice, investigation, auditing, or in any other advisory capacity in any proceeding or application, request for ruling, determination, claim or controversy, or other particular matter, pertaining to any program requirement or a contractor subcontract, or to any solicitation or proposal therefor. Consultant and City further acknowledge that it is prohibited for any payment, gratuity, or offer of employment to be made by or on behalf of a sub -consultant under a contract to the prime Consultant or higher tier sub -consultant, or any person associated therewith, as an inducement for the award of a subcontract or order. K. Confidentiality. Consultant acknowledges that it may receive confidential information of City and that it will protect the confidentiality of any such confidential information and will require any of its subcontractors, consultants, and/or staff to likewise protect such confidential information. Consultant acknowledges that notwithstanding any statements in its Proposal (Exhibit "A") regarding the confidential nature of its Proposal, this Agreement and its exhibits will be a public record of the City and will be spread upon the minutes of the City Council meeting where this Agreement is approved. L. Authority to Contract. The individual executing this Agreement on behalf of Consultant covenants and declares that it has obtained all necessary approvals of Consultant's board of directors, stockholders, general partners, limited partners or similar authorities to simultaneously execute and bind Consultant to the terms of this Agreement, if applicable. M. Ownership of Work. All reports, designs, drawings, plans, specifications, schedules, work product and other materials, including, but not limited to, those in electronic form, prepared or in the process of being prepared for the Work to be performed by Consultant ("Materials") shall be the property of City, and City shall be entitled to full access and copies of all Materials in the form prescribed by City. Any and all copyrightable subject matter in all Materials is hereby assigned to City, and Consultant agrees to execute any additional documents that may be necessary to evidence such assignment. N. Nondiscrimination. In accordance with Title VI of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000d, section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6102, section 202 of the Americans with Disabilities Act of 1990, 42 U.S.C. § 12132, and all other provisions of Federal law, 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 cinder this Agreement. 4 Section 7. Miscellaneous. A. Entire Agreement; Counterparts; Third Party Rights. This Agreement, including any exhibits hereto, constitutes the complete agreement between the Parties and supersedes any and all other agreements, either oral or in writing, between the Parties with respect to the subject matter of this Agreement. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, but all of which taken together shall constitute one and the same instrument. This Agreement shall be exclusively for the benefit of the Parties and shall not provide any third parties with any remedy, claim, liability, reimbursement, cause of action or other right. B. Governing Law,• Business License,• Prover Execution. This Agreement shall be governed by and construed in accordance with the laws of the State of Georgia without regard to choice of law principles. Any action or suit related to this Agreement shall be brought in the Superior Court of Fulton County, Georgia, or the U.S. District Court for the Northern District of Georgia — Atlanta Division, and Consultant submits to the jurisdiction and venue of such court. During the Term of this Agreement, Consultant shall maintain a business license with the City, unless Consultant provides evidence that no such license is required. Consultant agrees that it will perform all Work in accordance with the standard of care and quality ordinarily expected of competent professionals and in compliance with all federal, state, and local laws, regulations, codes, ordinances, or orders applicable to the Project, including, but not limited to, any applicable records retention requirements and Georgia's Open Records Act (O.C.G.A. § 50-18-71, et seq.). C. Captions and Severability. All headings herein are intended for convenience and ease of reference purposes only and in no way define, limit or describe the scope or intent thereof, or of this Agreement, or in any way affect this Agreement. D. Notices. All notices, requests, demands, writings, or correspondence, as required by this Agreement, shall be in writing and shall be deemed received, and shall be effective, when: (1) personally delivered, or (2) on the third day after the postmark date when mailed by certified mail, postage prepaid, return receipt requested, or (3) upon actual delivery when sent via national overnight commercial carrier to the Party at the address first given above or at a substitute address previously furnished to the other Party by written notice in accordance herewith. E. Waiver-, Soverei n Immunity., No express or implied waiver shall affect any term or condition other than the one specified in such waiver, and that one only for the time and manner specifically stated. Nothing contained in this Agreement shall be construed to be a waiver of City's sovereign immunity or any individual's qualified, good faith or official immunities. F. Agreement Construction and Interpretation: Invalidity_of Provisions: Severability. Consultant represents that it has reviewed and become familiar with this Agreement and has notified City of any discrepancies, conflicts or errors herein. The Parties agree that, if an ambiguity or question of intent or interpretation arises, this Agreement is to be construed as if the Parties had drafted it jointly, as opposed to being construed against a Patty because it was responsible for drafting one or more provisions of the Agreement. In the interest of brevity, the Agreement may omit modifying words such as "all" and "any" and articles such as "the" and "an," but the fact that a modifier or an article is absent from one statement and appears in another is not intended to affect the interpretation of either statement. Should any article(s) or section(s) of this Agreement, or any part thereof, later be deemed illegal, invalid or unenforceable by a court of competent jurisdiction, the offending portion of the Agreement should be severed, and the remainder of this Agreement shall remain in full force and effect to the extent possible as if this Agreement had been executed with the invalid portion hereof eliminated, it being the intention of the Parties that they would have executed the remaining portion of this Agreement without including any such part, parts, or portions that may for any reason be hereafter declared invalid. Ratification of this Agreement by a majority of the Mayor and City Council shall authorize the Mayor to execute this Agreement on behalf of City. IN WITNESS WHEREOF, City and Consultant have executed this Agreement, effective as of the Effective Date first above written. [SIGNATURES ON FOLLOWING PAGE] 41 CONSULTANT: interllev, LLC Signature:Z—Z!Za_ Print Name: ar_r, 'I r�ir�s Title: Member/Manager (LLC) Attest/Witness: Signatupe Print Name:-2.�C�°.� Title: / (Assistant) Corporate Secretary (required if corporation) CITY OF MILTON, GEORGIA By: Joe Lack od, yor [CITY SEAL] Attest: Signature: Print Name:Jpw),-e–Aw Title: City Clerk Approved as to form: Vjq Voi City Attorney I�2 .n JAWMY-d�� EXHIBIT "A" INTERDEV I Managed IT I Security Atlanta 2650 Holcomb Bridge Road Suite 390 Alpharetta, GA 30022 770-643-4404 Chicago 2740 Patriot Boulevard Suite 250 Glenview, IL 60026 847.503-0660 Proposal IT and GIS Assessment for the City of Milton, GA MILTON 1t EST 1006 January 5, 2018 k Barracuda vmware " 1181118CISCO. H Executive Summary r_^_ti I NTERDEV MroB.d R { S�y `- The City of Milton has expressed an interest in a third -party evaluation and assessment of the City's current IT and GIS environments, infrastructure and security. InterDev welcomes the opportunity to partner with the City to investigate and evaluate these critical technology environments. This investigation can serve as the basis for a strategic technology plan to move the City forward and provide the hest possible IT support for the City departments, staff and its citizens. InterDev's assessment process investigates the critical components necessary to support the complexities of a municipal operation. The process will examine computer hardware, software, operating systems, servers, storage, network performance, and IT security. These foundational items must not only work together securely but also align with City projects, budgets and operations. InterDev will combine the infrastructure information with responses from departmental interviews to make recommendations for a comprehensive IT strategy and staffing plan for the City. Our experience with local governments can help direct IT efforts and budgets where they have the greatest positive impact on your municipal operations. The Technology Assessment will take place over a period of two weeks and will provide valuable insight into the technology, planning, performance and security of the City's IT operations. IT Assessment The methodology for a full IT Assessment of the City's environment is accomplished with a combination of an onsite review and the utilization of a network appliance placed on the City's network. This appliance will efficiently discover all network computers and appliances then report on the age, software, security and usage of each device. In conjunction with the network scan, both internal and external security scans will be executed. The City will receive comprehensive reports covering their hardware, software and security status. These reports combined with InterDev's onsite review will be used to determine any areas which may need to be addressed. The timeframe for upgrades or issue resolution will depend on the severity of the situation — i.e. critical security issues should be addressed immediately for the security of the City's data/information. Less urgent issues like hardware or software/OS version upgrades can be planned and managed according to City budgets and timelines. GIS Assessment — (Optional) The preferred method for determining the short-term requirements and best long-term plans for the City's GIS environment is the performance of a comprehensive GIS Assessment. InterDev's GIS Assessment process incorporates best -practice principals to evaluate the efficiency and security of the technology, systems and policies used in your environment. The InterDev team will investigate software versions, software deployment, and existing infrastructure and security setups to evaluate the City's GIS environment and make recommendations for changes and improvements if they are needed, InterDev I Atlanta — Chicago Corporate Background and Qualifications r-*,%" NTERDEV Mu p.d rtI&—My'%%J InterDev has been providing information technology (IT) support and security services to corporations, non-profit and educational organizations, and public -sector entities for more than three decades. InterDev recognizes the incredible potential of GIS and IT working together as one unit, therefore we have a highly skilled, eager, and motivated team of GIS professionals working with many of our municipal and commercial accounts. InterDev is headquartered in Alpharetta, Georgia with offices in Chicago, Illinois, and Beaufort, South Carolina. InterDev History and Vision InterDev's founder, Gary Nichols, is a recognized innovator in the IT industry, in part because of his consistent focus on the importance of strategic planning and visioning. While other companies were Information struggling to react, and adapt to Technology the rapid acceleration of _ technology that began in the 1980s, Nichols and his team were encouraging clients to Geographic Information Project adopt a disciplined, future- Systems (GIs) Management Aiia focused approach to every IT effort. °^ In the 1990s, long before most IT firms had heard the term "public-private partnership" (PPP), Nichols and his team were contracting with the State of Georgia's Office of Insurance and Safety Fire Commissioner to assist with strategic IT development, a contract that InterDev retains to this day. In 2010, InterDev again took a leading role in the PPP movement when it was chosen by the City of Sandy Springs for end-to-end management of its technology functions. Today, InterDev provides fully managed IT services to many cities in Metro Atlanta, plus seven cities in the northern suburbs of Chicago, IL. Overall, InterDev has completed successful projects with more than 60 public -sector entities. InterDev has continued to promote the importance of strategic planning and visioning. By assisting its public -sector partners in developing and executing one, three and five-year planning efforts, they have reached the goal of adopting innovative and transformative IT metho do] ogies that lead to continuous improvement. InterDev maintains a clear focus on achieving in the present while planning for the future. InterDev's breadth of knowledge enables the company to work with technology systems from all periods and at all levels of complexity, including the legacy systems common in public -sector environments. InterDev has a proven ability to bridge the gap between older hardware and software and new technologies as we help our government partner's transition to contemporary InterDev I Atlanta — Chicago r-00%4 I NTERDEV M-.Vd FT I S ..Hity solutions. Furthermore, in situations where public -sector systems require updating, InterDev s recommendations routinely result in significant operating and maintenance cost reductions. Core Values InterDev is committed to providing top -tier services to municipal and small -to -medium enterprise corporate environments and nonprofit clientele. We apply an enterprise mentality to our work and insist on the highest ethics from our staff. We strongly believe in honesty, fair dealing, client -first mentality, respect for all, sustainable growth and stewardship of resources. InterDev is a diverse organization, both in principle and practice. Experience InterDev `s experience in the municipal sector, working with cities and other government entities to support their business processes sets us aside from our competition. Our team is dedicated to work with the end users at each municipality to provide the best quality support processes possible. The hallmark of InterDev's success in business both in Public and in the Private Sector has been the coordination of efforts and resources with the goals and objectives of our clients. This coordination of our efforts and those of the clients and their constituents is essential to the continued success of the operations involved. Cooperation between the InterDev staff, City Staff, vendors, neighboring communities or municipalities is key to leveraging the effectiveness and efficiency of shared initiatives and projects. InterDev is instrumental in establishing and supporting shared services among our clients and neighboring communities including projects like shared backup support, joint GIS flyover and Ll DAR acquisition services, joint Public Safety crime analysis, and Emergency Services 911 and Public Safety dispatch. Much of the support provided by InterDev has enabled common technologies to span disparate systems but support common goals. Public - Private Partnerships Today, it is no longer practical or affordable for municipalities to stay single handedly abreast of the latest developments in IT, whether implementing cutting-edge technology systems or defending against imminent data threats. InterDev has entered into public-private partnerships with select municipalities to bring its award-winning expertise to bear on behalf of these entities and their citizens. As threat landscapes become more hostile, and budget restrictions make it more difficult for governments to stay current with emerging technologies, InterDev s security focused Managed IT Services offering has become the model for nearly two dozen successful public-private partnerships. Our ongoing work with cities and counties positions us to help the City of Milton leverage powerful synergies that will result in more efficient, enhanced service delivery to the public. As the City's IT Service provider, InterDev will apply its expertise to help the City utilize inter -city sharing, and to explore a "low to no -cost" Disaster Recovery exchange with a sister City or other public -sector site which is not subject to the same environmental risks. For governments whose budgets are increasingly restricted, municipal knowledge sharing and resource pooling is no longer a theoretical concept—it is a proven model for dynamic leadership InterDev I Atlanta - Chicago >r✓1 INTERDEV M -48.d rt I SwwRr _04r and success. InterDev's existing partnerships with local area governments and agencies will enable the City of Milton to easily embrace this model for the benefit of the City and its citizens. InterDev's Unique GIS Qualifications InterDev stands apart from most IT and GIS firms because of our skills in handling the design, implementation and management of an enterprise GIS environment. This includes the increased requirements for data collection, management and mapping and the technology necessary to support a full municipal GIS environment. Combined with our expertise in GIS, InterDev is a leading provider of IT services including application development, cloud computing, asset management, networking, and security. Security is a critical component which cannot be ignored when managing sensitive GIS data. We have helped many organizations build reliable, responsive and budget - sensitive GIS technology solutions for today and the future. InterDev has a team of Geographic Information A rc G I S Q n I I n e Systems Professionals with many years of experience designing, implementing, and monitoring robust, cost- Specialty ost- SpeeiaIty effective GIS solutions for government, military and corporate use. Our company has been chosen by multiple government entities to provide GIS, GIS database management, and GIS integration services. These services support the efforts of a wide range of industries from public works, storm water management, community planning, police, fire and economic development. InterDev I Atlanta - Chicago Municipal Accounts r-^" INTERUEV nn_ .d R f 5K "tY `% InterDev's municipal customers include, but are not limited to, the following cities, counties or agencies. • City of Beaufort, SC ■ City of Sandy Springs, GA • City of Dunwoody, GA ■ City of Stonecrest, GA • City of Lawrenceville, GA • City of Gainesville, GA ■ City of Douglasviile, GA • City of Tucker, GA • Columbia County, GA • Village of Glenview, IL ■ Village of Buffalo Grove, IL ■ Village of Lake Bluff, IL • Village of Kenilworth, IL • Village of Lincolnshire, IL • City of Highland Park, IL - Public Safety ■ City of Lake Forest, IL - Public Safety • City of Albany, GA • City of Duluth, GA • City of Holly Springs, GA ■ City of Chamblee, GA • City of Canton, GA ■ Hall County, GA - Board of Commissioners • Henry County, GA ■ Lowndes County, GA - Board of Commissioners • State of Georgia, Office of Insurance and Safety Fire Commissioner ■ Brevard County Sheriffs Dept., FL With over 37 years of experience, InterDev s client list includes more than 1,250 businesses, governments, non -profits, school systems and other organizations. These varied accounts include more than 20 fully managed IT accounts — where InterDev provides their complete IT department staff and support services, from CIO to Helpdesk and all strategic planning, security, networking and troubleshooting. InterDev has regular accounts that use specific subsets of our Managed Services Plan such as server monitoring or security audits, and accounts that prefer a simple break - fix support agreement and call for IT service as needed. InterDev I Atlanta — Chicago InterDev Management Team r'-" INTERDEV M W Apd IT i Sw-w ty `,e InterDev believes in its clients and its staff, and in the power of technology to fundamentally transform the way private and public -sector entities conduct business. We operate only at the utmost level of performance and believe that "best practices" is a requirement, not a platitude. The InterDev team assigned to this engagement represents decades of experience working with Information Technology in both the municipal and corporate arenas. As a company, InterDev has been providing IT consulting, support and planning services for over 35 years. Our work in the State and Local Government area has extended over 15 years, Each team member has extensive experience in his field and in these markets. InterDev is proud to offer a team of professionals to provide the services requested by the City. Gary Nichols, Founder & CEO Gary Nichols founded InterDev in 1980 and along the way earned his stripes as an early adopter of PC technologies, local and wide area networking, the Internet, and the value of managed IT services. Today Nichols leads a firm of 40 and is responsible not only for managing the firm's strategic direction but also for overall operations and customer satisfaction. His extensive experience provides a vast background For consulting in the critical areas of network infrastructure, knowledge management solutions, cloud computing, network security and municipal IT outsourcing. Nichols' vision for how private -sector managed services could benefit the public sector, coupled with decades of service to varied local and state government agencies, is what ultimately led to the formation of successful public-private partnerships (PPP) with the City of Sandy Springs, the City of Brookhaven and the City of Dunwoody in Georgia. Certifications: ■ Certified information Systems Security Professional (CISSP) Competencies: • Network Design • Network Security • IT Infrastructure • Systems Integration • IT Assessments & Audits • Application Development • Knowledge Management Solutions • Disaster Response Planning • IT Support/Help Desk ■ Municipal IT Outsourcing • VoIP/Telephony Nichols earned a Bachelor of Business Administration from Georgia State University and is a Certified Information Systems Security Professional (CISSP). He is a member of the Technology Association of Georgia (TAG) and a volunteer with TAG -Ed. InterDev I Atlanta — Chicago Ashley Smith, Director of Government Services, GCOO Ashley Smith has served as the IT Manager at the City of Dunwoody for four years. His insight and planning have helped position the City of Dunwoody as a leader in the municipal arena. Smith and his team have worked diligently to ensure Dunwoody continues to set the bar for exceptional municipal services for its citizens. He has been working in government IT for the last 10 years, at both the state and local level. Prior to joining InterDev, Smith served as the IT and Communications Manager for the City of HapevilIe, Georgia, and as the IT Manager for the Hapeville Wi-Pi Network, part of the Wireless Community Georgia Grant program sponsored by the Georgia Technology Authority. As a presenter at the Georgia Municipal Association's Annual conference and the Annual Mayors' Day conference, Smith has taught classes on best practices in government IT and on using technology to improve government operations. Smith has a Masters of Public Administration from Georgia Southern University and has his Certified Government Chief Informatiion Officer (CGCIO) certification. InterDev I Atlanta - Chicago W—Ift-, INTERDEV Mruard rr I s*c.,ft, -% Certificot'ions: • Certified Government CIO (CGCIO) ■ Cisco Certified Network Associate (CCNA) • Network + • GCIC Data Integrity • DHS Technology Recovery Training • DHS Project Management certificate Competencies: • FEMA Disaster Recovery Training • Network Design • Network Security • IT infrastructure • IT Assessments & Audits • Knowledge Management Solutions ■ Disaster Response Planning • IT Support/Help Desk • Municipal IT Outsourcing ■ VoIP/Telephony • Tyler Incode ■ Spillman • Storage • Security • Windows Server Solutions • NetAFp City of Milton, GA IT and GIS Assessment Proposal Daniel Schultheiss, Chief Operating Officer, COO Daniel Schultheiss joined InterDev in 2006 as a iLNetwork Engineer and implemented lnterDev's Managed Services platform. He played a key role during a major upgrade to the Lawrenceville Police Department's server infrastructure and was heavily involved in the program setup for InterDev's contract with the City of Sandy Springs, transitioning the City from a hosted domain to an on - premise solution. While at Sandy Springs, Schultheiss managed a staff of nine employees including network engineers, helpdesk specialists and GIS staff. From 2013-2014 he served as the IT Director at the City of Brookhaven, Georgia, where he was responsible for all IT infrastructure, systems integration, and telecommunications and provides support for the City employees, Police and Fire Departments, INTERDEV Certifications. • Certified Information Systems Security Professional (CiSSP) ■ Certified Ethical Hacker (CEH) Competencies. • Public Safety • CIIS Support • Security • Storage ■ Networking • Dell EqualLogic • VMWare • Barracuda • Palo Alto ■ 5onicWALL In 2014, he was promoted from Government Services Director to the Director of Information Technology & Security, CSO for InterDev. Schultheiss shares his extensive expertise in government IT and Security to provide analysis and recommended enhancements for the IT infrastructure of corporations and municipalities supported by InterDev. He has over eleven years of IT experience, including positions as Senior Systems Engineer and SAN Specialist for InterDer's corporate and municipal accounts. Schultheiss graduated from the University of South Carolina in 2006 with a Bachelor of Science degree in Computer Engineering. He is a member of the Technology Association of Georgia (TAG). InterDev I Atlanta - Chicago City of Milton, GA IT and GIS Assessment Proposal Neil Matchan, Chief Technology Officer, CTO Neil Matchan joined InterDev in 1998 as a Senior Systems Engineer. He served as Director of IT Services from 2006-2013, overseeing InterDev's Technology Department and all related projects and client interactions. In 2014, he was promoted to CTO, a visionary role that more clearly represents the contributions he makes to InterDev and our clients today. Matchan has been instrumental in developing, managing and growing InterDev's Managed Services program. His insight and extensive technology background have enabled Matchan to provide exceptional IT planning services for InterDev's government and commercial accounts. Prior to joining InterDev, Matchan worked in corporate sales for CompUSA, where he was named a Top 30 performer in the nation for corporate sales, and was the #1 Account Executive at his location from 1995-1998. Matchan studied Industrial Psychology at Georgia State University and graduated from the Network Administrator Specialist program at Oglethorpe University. InterDev I Atlanta - Chicago r-*%" INTERDEV Certifications: • Certified Information Systems Security Professional [CISSP] ■ Microsoft Certified Systems Engineer[MCSE] • Microsoft SBS 2008 Certified Engineer • Barracuda NG Firewall Engineer ■ Barracuda Networks Spam Certified Engineer ■ VMware administrator • Barracuda Networks Message Archiver Certified • Barracuda Networks Load Balancer - Certified • Dell Product Specialist since 1994 Competencies: • Network Design • Network Security • 1T Infrastructure ■ Systems Integration • 1T Assessments & Audits • Knowledge Management Solutions ■ Disaster Response Planning ■ Ruckus Wireless • VoIP/Telephony • Storage • Security • Microsoft SQL Server • Windows Server Solution Jesse Cail, Sr. Security Engineer, CISSP, GSEC Jesse Cail is Interdev' s Sr. Manager of the company's overall information security program. This includes identifying applicable regulatory compliance requirements and industry best practices, write and implement policy, develop user awareness training, conduct vulnerability and risk assessment, and the application of mitigating controls. Jesse has been tasked to research, test and implement security technologies without adversely impacting production environments. He has background in Windows Server Administration in virtual environments to include Active Directory and Exchange integration, DNS and DHCP configuration and management, group policy development and implementation, and all aspects of desktop and client support. Knowledgeable in: NIST Cyber Security Framework, Payment Card Industry Standards, Criminal justice Information Services Security, HIPAA Security Rule, IRS Pub 1075, Critical Security Controls, Check Point Software Blades and Gaia R77.20/R77.30, Cisco Umbrella/OpenDNS, Barracuda Networks Spam & Virus Firewall, Symantec Endpoint Protection Manager and Client (12 & 14), Thycotic Secret Server, Thycotic Password Reset Server, Kali Linux, NMAP Scanner, Nessus, Qualys, Nexpose, VMware ESXi, VMware vSphere, Microsoft Windows Server 2003, 2008, and 2012, Microsoft Exchange 2010, and 2016, SQL 2012 and 2014, Microsoft Direct Access, Windows 7, Windows S, and Windows 10 Desktop Environments, Apple OS X, Apple IDS, Microsoft Office 2010, 2013, and 2016, WSUS 3.0, Ubuntu, Open SUSE, Air watch Mobile Device Management, U.S. Army Special Operations Forces Deployable Node family of systems, U.S. Army Special Operations Radio Integration System, and U.S. Army Special operations Tactical local area network (TACLAN) United States Army 4th Battalion, Stn Special Forces Group (Airborne) - Fort Campbell, Kentucky ■ NationaI Security Council, White House -Washington, D.C. • White House Communications Agency -Washington, DC InterDev j Atlanta Chicago r-^-" I NTERDEV M—C.d IT 5 Nty _- Certifications. • Certified Information Systems Security Professional (CISSP) • GIAC Security Essentials Certification [GSEC] Competencies: • Public Safety • CJIS Support ■ Security Storage • Networking Dell EqualLogic IsVAZ kill .. I • Barracuda • Palo Alto • SonjcWALL ■ WatchGuard ■ NIST Cyber Security Framework • Payment Card Industry Standards • HIPAA Security Rule ■ IRS Pub 1075 • Critical Security Controls ■ Check Point Software Blades and Gaia R77.20/R77.30 • Cisco Umbrella/apenDNS Mike Edelson, GIS Manager, GISP Mike Edelson is InterDev's GIS Manager, with more than 15 years of experience in geospatiai technologies in private, governmental and military settings. Edelson has managed multiple large projects, including GIS military master planning services for dozens of military installations throughout the world, including the United States, Afghanistan, Iraq, Kuwait, India, Bangladesh, Korea, and Kyrgyzstan. He was also a key participant and contributor in multiple local governmental startups, including the new Georgia cities of Sandy Springs, Johns Creek, and Brookhaven. He has an undergraduate degree in Geography from Florida State University, earned his Geographic Information Systems Professional certification and is in the process of completing his certification as a Project Management Professional. Relevant GIS Project Experience ■ GIS Manager, City of Brookhaven, Georgia, 2013- 2015 Managed the design, build, and implementation of the City's enterprise -wide GIS Department. • Project Manager, Duke Energy Nuclear Project, 2008- 2013 Provided GIS services in support of two U.S. nuclear power facilities. Responsibilities include overseeing map production, quality control, data management, analysis, scoping, budgeting, and client services. • Senior GIS Analyst, City of Decatur GIS Services, 2012- 2013. Maintained the City of Decatur's core GIS data layers and supported the analysis and mapping of all city departments. These departments included; Planning & Zoning, Public Works, Fire, and Historic Preservation. • GIS Lead for Capacity Site Survey for Nine (9) Air Force Bases, Iraq, 2009-2010. Services entailed _1141� INTERDEV M—ged R I S—Sty v Certifications: • GIS Professional (G1SP) • Security Clearance, U.S. Department of Defense • Leadership DeKalb, Class of 2016 Competencies: • GIS Enterprise Design & Management • Project Management • Application Development • Cartography ■ Urban Planning ■ Military Master Planning ■ Data Modeling • 3-1) Visualization • Land Surveying Awards & Recognition: • Published in the Esri Map Book Volume 31, 2016 ■ URISA's Distinguished Systems Award for Exemplary System in Government, 2014 • DeKalb County, GA GIS flay Best Map Award, 2013 ■ Recognized by Alabama State Congressman for work performed in support of Hurricane Katrina Disaster Relief, 2005 interpreting, creating and analyzing products using Common Installation Picture (CIP) files to create GIS maps and datasets in support of base planning InterDev I Atlanta — Chicago City of Milton, GA IT and GIS Assessment Proposal Lewis Wilkinson, Senior Project Manager, PMP Lewis Wilkinson joined InterDev in 2011 as an Account and Project Manager. In 2012, he spent an rh eight-month engagement overseeing the citywide Tyler Munis Enterprise Resource Planning [ERP] conversion at the City of Sandy Springs. He is currently managing lnterDev's team of PMI Certified project managers in the InterDev Project Management Office [PMD]. During the first six months of 2014, Wilkinson worked closely with Village management and the GovIT Consortium transition team planning the orderly migration of five municipalities to InterDev's Managed IT Services. Prior to joining InterDev, he spent 14 years working in sales, service, and support of ERP systems with companies including Computer Associates, SSA, BAAN, Systems Conversion, PowerCerv, BravePoint, and QAD. He has covered manufacturing, warehouse logistics, financial management and reporting for corporations in the United States and Mexico. During his InterDev tenure, he has worked extensively with Tyler Munis, Tyler Incode, New World Systems, Cityworks and the ESRI GIS software suite. Wilkinson has experience with the planning, implementation, INTERDEV PA +.`.d R I So,wkr Certifications: • Project Management Professional (PMP)@ • Certified ScrumMaster® (CSM) • ITIL Foundations Competencies. • Enterprise Systems • Tyler ❑ Munis ❑ lncode ❑ EnerGov ❑ New World Systems • ESRI GIS Suite • SAP R3 • Lawson ■ Infor ❑ Warehouse BOSS ❑ PRMS ❑ ManMan o CAS ❑ BPCS • QAD Logistics • Microsoft Dynamics project management and integration of enterprise systems with an emphasis in ERP and GIS systems. Wilkinson earned a Bachelor of Arts in Sociology with Minor in Computer Science from Wake Forest University. He is a certified Project Management Professional as recognized by the Project Management Institute. InterDev I Atlanta -- Chicago Staff Certifications >w-101" I NTERDEV MMAW rr I sdcAtyv To keep up with the rapid pace of the technology marketplace, InterDev puts forth a significant investment in continuing education and certification for every employee. Upon the first day of employment, our employees are held accountable to keep up with the latest technology solutions and trends. It is due to this requirement that our employees currently hold some of the most prestigious certifications in the technology industry. Some of these certifications include: • Certified Information Systems Security Professional (CISSP) ■ Certified Ethical Hacker (CEH) • Microsoft Certified Solutions Expert (M CSE) ■ Project Management Professional (PMP) • Geographical Information Systems Professional (LISP) ■ ITIL v3 Foundation ■ CISCO Certified Network Associate (CCNA) • Certified Government CIO (CGCIO) ICertif+ed Inimmationa Systelrn Secuhty ftfess*,W C E R T I F I E D Solution Expert IF_ W rVONA IT L Foundation V3 InterDen I Atlanta - Chicago ]11 C E l Hacker I 1111111 CISCO.: City of Milton, GA IT and GIS Assessment Proposal r-'*-" I NTERDEV M—S— rr ' S— .r; i, -Ole Company Certifications In addition to maintaining partnerships with numerous best -of -breed technology vendors, InterDev is a Microsoft Gold Certified Partner, the highest level of Microsoft solutions partners, and is a Certified Diamond Reseller for Barracuda Networks. InterDev was recognized by Barracuda Networks as the top U.S. Reseller of the Barracuda Message Archiver, and is the top reseller worldwide for the Barracuda Phone System. InterDev's close working relationship with industry leading hardware and software vendors provides our clients with critical information about the latest technology and the best practices For its use in their environments. X11111118 CISCO_ MAW— GOLD CERTIFIED Partner �faa*alr �• •• �i�F 4ar S(NiWALL PartnerNetwork' Claud Power NetAppCloud Acceterate Partner - d tubo 00 UNITRENOS InterDev j Atlanta - Chicago E) 5ecureWorks patoa lto NlTWaRKS the amwork • . company - F::-RrinET i,tCund a Scope of Work Overview r-,%" INTERDEV M—gmd R I S—udtr`- InterDev will conduct an objective analysis of the Information Technology structure and operations throughout the City of Milton. This process provides critical insight into the City's current status and potential areas of improvement. InterDev can then develop realistic plans to provide all City departments with the best computing technology and services that conform to the City's adopted technology plans, security policies, and budgets. The assessment will include an organizational review and evaluation of the City's current IT infrastructure which supports the core business functions of the City. An evaluation of the findings and recommendations will be utilized to create a roadmap to a more effective model of IT for the City. This information is used in the creation of an initial Strategic Plan that can be used to guide the City's technology related decisions. The recommendations presented to the City will be based on industry best practices and InterDev's years of experience supporting the IT functions and operations of other local governments of similar scope and complexity. The development of full 1, 3, and 5 -Year Technology Pians are outside the scope of this assessment but are available should the City wish to engage in the full planning process. Project Approach The IT assessment for the City of Milton will be focused on three main areas: 1. Administration 2. Technology 3. GIS (optional) Administration Review The Administration review is focused on answering the questions "Are we using the technology we have appropriately? And, is our current IT investment what is needed to accomplish our business goals?" The findings and recommendations related to IT Administration will be based on information received from City staff during departmental interviews; along with reviewing the City's IT related policies and procedures, The Administration assessment is separated into 5 sections: 1. Project Management Approach 2. Help Desk Administration 3. Change Management 4. System Management 5. Application Maintenance / Support InterDev I Atlanta - Chicago City of Milton, GA IT and Gt5 Assessment Proposal Technology Review In conducting the technology review, InterDev will focus on seven core areas: 1. Security Management [see Security Assessment section below] 2. Infrastructure - Network 3. Infrastructure - Communications 4. Infrastructure - Servers, Storage, and Backup S. Infrastructure - Hardware (General) b. Data Center Management 7. Workstation Management r -^-t INTERDEV M—g.4 R I swwRy 14b.00, The findings and recommendations related to the City's technology will be based on the information InterDev staff receives from the City's current IT support staff, city staff, running various network scans, and site surveys of all city buildings with IT related infrastructure. GIS Review (optional) This look at your GIS environment provides a solid basis for a more comprehensive pian for optimizing GIS in the future. As indicated — this component of the Assessment is optional. The increased integration and importance of GIS services into all City operations combine to make GIS a critical technology services area. InterDev believes GIS services should be an important part of the City's Strategic Technology Plan. The hardware, software and database reviews will provide the background for InterDev's report on the health and security status of the City's GIS environment and management policies. All our technology review efforts will be performed in conjunction with your onsite GIS staff, as our goal is to discover and evaluate, and then offer suggestions for improvement as warranted. As part of our full GIS Assessment process, the following areas will be examined and evaluated. • GIS Software Assessment: We will review all desktop, server, and handheld software for version updates, compatibility with each other and outside systems, and vendor maintenance and support. ■ Database Assessment: InterDev will review all GIS related databases to determine current version, recent updates, backup and restore policy and processes, security, redundancy, accessibility, and usability in the GIS environment. • Hardware Assessment: An assessment of your GIS hardware infrastructure involves a review of the physical hardware, its configuration, warranty status, scalability, and capability of the existing computing environment. As GIS is a hardware intensive process, InterDev may recommend upgrades to the existing hardware environment to better support current and future GIS efforts. • Policy Review: This includes a review of the City's security and backup policies and procedures relating to sensitive or important data to be used in the GIS environment. InterDev I Atlanta — Chicago r^. -g INTERDEV MWA"d rt enw I Sily All*-- `- Milton_ Technology Assessment Task Name Initial Overview Notes General tour/walk through Resource Project Team Network Discovery & Inventory Network Detective Deployment • Site Map Network Map, facilities/Services Map Network Team Settings, security, upgrades, deployment Network Team • Network Appliances strategy • Network Architecture Efficiency, technology, uptime, improvements Network Team • Cabling Infrastructure Design, age, fiber, citywide Network Team OS, VM, Age, Utilization, Upgrades, SAN, Tech Team • Servers Security Configuration, upgrade, utilization, Tech Team • SAN backup/restore, Age, deployment, upgrade/refresh timeline, Tech Team • Desktops warranty, security, backup/restore, AV ■ Backup &Recovery Software, Policy, Restore, locations, retention, Tech Team compliance, testing • Printers Peripherals Review, setup, utilization, maintenance, Tech Team • Telecom VoIP, Vmail/Unified Messaging JCiscoj Tech Team . A/V Systems City and City' Council Chambers Tech Team • City Mgmt. Interview Support, service, goals, strategy, vision Team Leads • IT Staff - interview/analysis Staff interviews, staff deployment, training, improvements, City support Team Leads • Budget Reviews Review budgets - note findings & improvements Team Leads • IT Plan Review Review Plan - match with Depart. Goals etc. Team Leads • IT Policy Review Team Leads GIS Discovery & Review GIS Systems and Environment Review GIS Team • Software Review Review Software and Licensing GIs Team • Database Files, File Management, Backup, Archive GIS Team ■ Software Integration GIS Integration with departmental software GIS Team jPublic Works, Comm. Dev, Fin) Interviews with Dept. heads — current and Gly Team • Department Interviews future projects & goals Security Review Security Team Security Scan (internal/external), Firewall ■ IT Systems Risk Assessment review, polity, process review, remote access, BYOD Security Team InterUev I Atlanta — Chicago Security Assessment INTERQEV AAu Nt rJ IT r'. InterDev will perform a full internal and external vulnerability scan of the City's network and devices. Internal networks will include both wired and wireless network environments. These scans will be followed with an external penetration test to verify if any of the identified vulnerabilities can be exploited. The internal, external and penetration tests will be conducted in a non-destructive manner - meaning these tests will not employ disruptive denial of service attacks or active attempts to "shut down" or damage network devices or services, however testing will be done during a maintenance window to minimize any business impact. The testing will reveal if the environment is vulnerable to attack and InterDev will make recommendations for remediation. Should we discover a critical problem which requires immediate attention - testing will be paused and the City IT team will be notified. InterDev's Vulnerability Scanning Process The InterDev Security staff will be utilizing several industry standard solutions to accomplish the scanning processes for the City of Milton. We will begin with the internal and external scans utilizing multiple scanning techniques. These scans will produce a comprehensive list of known vulnerabilities for all devices in the City of Milton network and of the identified external IP addresses. The initial scans will be followed with an external security scan and penetration test: The external scan and penetration test will be performed on the organization's pub] ic/internet facing devices and systems to test systems exposed to the internet and what is referred to as perimeter security. This scan of the external network and devices will reveal vulnerabilities and security risks that are visible or accessible to potential threats from outside the organization's networks. Once the information from the vulnerability scans has been gathered and correlated, it will then be used to conduct targeted attacks on the systems to verify if any of the vulnerabilities can be exploited. If an attack is successful system access can be gained or confidential information can be accessed. InterDev I Atlanta - Chicago Risk Score The Risk Score is a value from 1 to 100, where 100 represents significant risk and potential issues. Low Risk Nigh Risk i 77 Scanner Appliance r -'*1-7 I NTERDEV mwaW rt I Swaify`. An internal appliance will be temporarily placed on the City's network by InterDev to map network assets and scan IP's behind the firewall. This device gathers security vulnerability data inside the firewall and provides secure communications with the InterDev Security team. These appliances use a hardened operating -system kernel designed to prevent any attacks. They contain no services or daemons (background software processes) that are exposed to the network. These devices are frequently and automatically updated for software updates and new vulnerability signatures and process job requests. The results of the vulnerability scans for your company will be categorized as follows: ■ Urgent: Intruders can easily gain control of the host, which can lead to the compromise of your entire network security. ■ Critical: Intruders can possibly gain control of the host, or there may be potential leakage of highly sensitive information. • Serious: intruders may be able to gain access to specific information stored on the host, including security settings. • Medium: Intruders may be able to collect sensitive information from the host, such as the precise version of software installed. With this information, intruders can easily exploit known vulnerabilities specific to software versions. ■ Minimal: Intruders can collect information about the host (open ports, services, etc.,] and then may be able to use this information to find other vulnerabilities. Toolset to be used in Assessment • Kali Linux (NMAP, RAT, Nipper, Metasploit Framework, Ettercap, hydra.,.) ■ Rapid7 Metasploit Pro ■ Network Detective • CIS -CAT Pro Assessor ■ Ekahau lnterDev j Atlanta — Chicago Internal Network and Vulnerability Scanning r -O%" I NTERDEV Managed R I Se—Ay 1%6010" NOW vubondAtift InterDev will utilize a Network Detective scanning appliance to perform the internal network vulnerability scan. This woolappliance will be installed on Web MW the City's network and it will io xa 30 go so W 70 so w loo scan the City's networks and 'nTOMWSe ssi. a rwW devices over a multiple day period. InterDev will request temporary network administrator access For both local and hosted network locations for this process. This scan will return a full device inventory with an extensive amount of information on each device including; OS version, install history, user profiles, storage, installed applications, antivirus versions and status and other information. A listing of all discovered vulnerabilities will be listed by machine and degree of risk. External Vulnerability Scanning An external vulnerability assessment is the process of identifying, quantifying and prioritizing (or ranking) the vulnerabilities in a system that would be accessible outside the internal network infrastructure. Vulnerabilities assessments are conducted using tools that scan a specific range (block) of public IP addresses that correspond to the organizations services. The output of this ExtenWvdnmn&Md" assessment is a detailed report of not only what was �.., discovered, but also steps to remediate the vulnerabilities. The external scan will be performed on the City's block of IP addresses designated for external access. Vulnerabilities for all found devices and open ports will be listed by degree of risk. Remediation for all found vulnerabilities will be provided as part of Interaev's standard reporting. A full device listing for this block of IP addresses will be provided. Should unexpected or additional devices be discovered during this scan, device profiles and potential risks will be immediately provided to the City sponsor for investigation. InterDev I Atlanta - Chicago "09 ft� SUMM" w a� w.e.r yr wN � r.r ea■ .rune .. -... u ■ i a :a Firewall Rules and Configuration Review 1-001ft" I NTERDEV Min&Vd rr 1 sea,dey `e Firewall rules and updates will be examined to determine if patching and firmware is current and if best practices are followed for open ports and external access. Recommendations for changes will be provided with SOW for services if required, but no changes will be made without prior approval by the City. Network Access Review Access to the City's network and its resources will be investigated and identified. This will be compared with planned access for users with both internal and external access to City systems. A listing of access privileges will be provided to the City as part of the standard reporting. Server and File Storage Access Review User and Admin access to the City's servers and storage resources will be investigated and identified. This will be compared with planned access for users with both internal and external access to City systems. A listing of access privileges will be provided to the City as part of the standard reporting. Sensitive Data Vulnerability InterDev will perform a "sensitive data" scan during the audit process. This investigation will identify specific and detailed instances of personal identifiable information [FII] throughout your computer network that could be the target of hackers or malicious insiders. Identifying this risk is the first step in the process of mitigating the risk of civil litigation and other penalties should a data loss or theft occur. The security of the computer is also examined to quantify the probability of a breach. InterDev I Atlanta - Chicago M Unprotected Data Count by Type y. 9lw..TO]dRLwMT �. c.rm•��.drnrw�x..r o..e .r, i6xxxx^s ss� -E0" x!a SSH r s55iczxr-_� SSH F2 City of Milton, GA IT and GIS Assessment Proposal Policy Review InterDev will review bath written and computer based policies governing the City's data security, end-user system use and access, network and internet usage and compliance. Recommendations for policy changes based on best practices and CIS Critical Security Controls [CSC] will be provided to the City following this review. System Baselines and Benchmarks Mc- Rq INTERQEV m. Arhd n I s.curstp `/ % Policy Consistency Configurations from City workstations and servers will be evaluated to assess their conformance to known benchmarks from the Center for Internet Security (CIS) using the CIS -CAT Pro Assessor Tool. The results of these assessments will be scored on a scale of 1-100, and each item tested will be mapped to the CIS Critical Security Controls. Additionally, the City's router and switch configurations will be evaluated to assess their conformance to CIS Benchmarks for routers and the SANS Institute's Gold Standard for switches using tools within Kali Linux. Summary Sample Audit of workstation InterDev I Atlanta - Chicago l• �� 1 Accc"Mt Pol 7 2 0 0 7.0 9.0 78% 1.1 Password Policy 4 2 0 0 4.0 6.0 671, 1.2 Account Lockout Policy 3 0 0 0 3.0 3.0 1001x 2 LssW 103 1 0 0 103.0 104.0 99% 2.1 Audrt Policy 0 0 0 0 0.0 0.0 0% 2.2 User Richts Assignment 39 0 0 0 39.0 39.0 100% 2.3 Security potions 64 1 0 0 54.0 65.0 96% 2.3.1 kcounts 6 0 0 0 6.0 6.0 100% 2.3.2 Audit 2 0 0 0 2.0 2.0 100% 2.3.3 DCO M 0 0 0 0 0.0 0.0 0% 2.3.4 vic 2 0 0 0 2.0 2.0 100% 2.3.5 Domain controller 0 0 0 0 0.0 0.0 0% 2.3.6 Domain member 6 0 0 0 6.0 5.0 100% 2.3.7 Intor ctive laoon 7 1 0 0 7.0 8.0 88% 2.3.8 Migro*ott network client 3 0 0 0 3.0 3.0 100% Sample Audit of workstation InterDev I Atlanta - Chicago Active Directory, Group Policy and Password Review INT€RDEV mmaw rr I S.ewier -- The City's Active Directory structure, Group Policy setup and Password utilization will be reviewed based on the information provided by the internal scan and our direct access to the City's environment. The scanning process will reveal admin and end user access and security privileges, Group Policy activity and configurations, and user password history and updates, This user profile will reveal inherited access to systems or applications if users are put into new roles or groups. Most user access is initially closely controlled during new user setup or a new software/application deployment. Over time as staff changes roles, systems are upgraded or certain projects require additional "higher access" the control over end user access is not maintained. Inherited access or just forgetting to reset privileges after they are no longer needed are major contributors to this security concern. Reporting an evaluation of acceptable access will require input from City sources to determine if the users have the correct access levels for their current roles. Password history is available by user and system to determine changes and complexity for the passwords in use. InterDev will incorporate an audit of user access to systems and data across the City's network. The InterDev team will report the access privileges by user and system for review with Milton Staff. Physical Security Physical Security is an important component in an overall IT Security review. InterDev will perform a Physical Security Review for all City facilities including Public Safety. Controlled access to critical server and networking infrastructure will be reviewed. Secured and monitored access to designated systems within Public Safety is a mandatory component of the Police Department's C]IS Compliance requirements. Camera coverage and facility access will be reviewed for both security and basic employee safety. Camera network integration, monitoring and video retention policies and practices will be reviewed and reported. External Penetration Testing Unlike previous scans/tests designed to show potential risks, all the attacks in this penetration test are directed to exploit the targeted vulnerability. The resulting exposures are system configuration risks that allow access to information that can be used as a steppingstone towards gaining access to the systems themselves. Identities/logins that were guessable, or those systems or applications using default passwords may also have been identified. These represent an additional avenue by which data can be lost or a foothold gained in the target network. Each of the reported vulnerabilities in this section will be actively exploited to 1) obtain control, 2) elevate privileges or 3) obtain information about the vulnerable assets. InterDev I Atlanta - Chicago SSH Snip Fere. LnpL.. OCE S.rvrcn Enum.n... TCP tlma mp. �w SSL ww C... f IaHya IP ItlaMM_ SSH wank Enc.ypnnn TLP S.gw..ca Mumga, ,, SSH wank i C A40M_ 0.9..ea1ad SSLr3 and. P000LE 55L.3 MW -0-,, OwnSSH se -H Y 04V._ opanssH chola! 0 Sa_. op9.SSH e • 1 291 - X. 0po^55H P.ryl" L. pp6655H Nu1HPy v ... OpanSSH Ca.l.nww . 0 ..MH Op.nSSH wnnnrc.c R... OP. M1;A-1I.N, Report d.1." —.. # Issues by HVT r-**." INTERQEV M ."d rr s,—ilr `.*1e InterDev will perform a penetration test from outside the City's secure network environment. The external penetration test will begin with the results and findings from the City's external vulnerability scan. This data will be used as a baseline to discover if the vulnerabilities discovered in our previous scan can be exploited. During the initial vulnerability scan, the designated IP ranges will be tested with a combination of tools including Metaspioit Pro to perform additional port scanning against the identified hosts. These vulnerabilities will be tested to see if they are exploitable in which case they will be documented and included in InterDev's network wellness report Social Engineering InterDev will engage in a series of activities to breech the security of the City's network and systems. These activities will include phishing emails, social engineering, attempted wireless and network connections and password/login searches in offices and desks (Clean Desk Sweeps). The results of these attempts will be documented and reported back to the City. Should the City wish to establish a long term social engineering program, InterDev can setup an extended testing and training program for the City. This program will randomly send test emails and attachments to the City's users to test their response and awareness of the security risk Should the user "fail" by opening a phishing email, the user and IT staff will be notified and an automated and mandatory training session will be scheduled. Multiple solutions are available to provide this internal "testing" and education as an ongoing process. InterDev will provide pricing options and a SOW for this service at the request of the City. Project Management InterDev will assign a PMI certified Project Management Professional (PMP) to manage this engagement and report to the City on the progress of all phases of the assessment and audit. Should issues arise with scheduling of City or InterDev resources or activities the assigned Project Manager will communicate with all stakeholders and work out alternatives. If security issues are uncovered which present an immediate to the City, work will be stopped until the issues can be addressed and the risk mitigated to a level where the project can safely proceed. InterDev will provide the City with an IT Security Audit Responsibilities Outline and Release form. This document details the responsibilities of both InterDev and the City during the scan and audit process. A draft of this document is attached for the City's review. A complete project plan including timelines and progressive deliverables will be generated for this project. Access to the active project milestone progression and hourly billing can be made available to designated City staff if requested. Weekly Status reports will be provided to the City Stakeholders to provide current updates on progress and provide a vehicle for reporting issues and concerns if warranted prior to the final report delivery and presentations. InterDev I Atlanta - Chicago Project Reporting and Deliverables r -,*-4 INTERDEV tN W aW rr 1 SaC.Htr `J InterDev will perform the scans and reviews listed in the previous section. These scans will provide the basis for the analysis, evaluations and reporting, The scans will provide additional information regarding the City's IT environment including Network Map Data, bandwidth availability and usage, IP addressing schema, virus and malware vulnerabilities, operating system versions and upgrade statuses. All this information will be provided to the City sponsor with the standard discovery report, but no additional analysis will be performed unless approved by the City. Recommendations and Remediation InterDev will provide full detailed reporting of all findings requested by the City in this proposal. Security issues and recommendations for remediation will be provided to the City at the conclusion of this project. Remediation may take the form of services, applications, policy deployment or some combination of all three. A full proposal covering software recommendations and an indexed SOW for services or policy generation will be provided. These recommendations will be based on lnterDev's findings and best practices for municipal technology management. InterDev will indicate areas that can be addressed internally by City staff resources should the skillsets and resource availability match the City's timeline for resolution. Reports and Deliverables InterDev will provide a comprehensive analysis of our findings from our onsite investigations and interviews combined with the automated network discovery and security scanning. The assessment team will deliver an Executive Summary document with high level findings and recommendations in conjunction with the following specialized reporting shown below. These results will be reviewed with the designated project sponsor prior to publication or presentations to the full management team or more widespread audience. After the review InterDev can work with the City's IT Staff and Management Team to develop multi- year IT Strategic Plans (1, 3 and 5 year plans) to help align IT and security projects and spending the City's goals and budgets. The materials and recommendations resulting from this assessment will serve as a foundation for the development of a Strategic Technology Plan for the City. The strategic planning and development process is outside the scope of this IT Assessment, but a proposal for these services will be provided separately. InterDev j Atlanta - Chicago r -4--T INTERDEV Mamr*d rt I security `.001" Reports InterDev I Atlanta - Chicago Network Asset Reports • Client Risk Report • Full Network Assessment Report • Network Site Diagram • Asset Detail Report • Excel Analysis Export/Report • IT SWOT Analysis kXP Migration Readiness Report Security Assessment Reports ■ Security Risk Report • Security Policy Assessment Report • Shared Permission Report • User Permissions Report • Outbound Security Report ■ External Vulnerabilities GIS Assessment Report and Recommendations jif performed) • GIS Software, Licensing, Database Report • GIS Integration and Planning Review & Recommendations InterDev I Atlanta - Chicago r-^" INTERDEV Pricing Table The Following is the cost break down for an Information Technology and GIS Assessment for the City of Milton. ITEM On-site Assessment and Strategic Planning COST $ fi,p0p Network Discovery and Inventory 3,500 Security Assessment 3,500 Project Management 1,500 Subtotal $14,500 G15 Discovery and Review (optional) $3,500 TOTAL - Not to Exceed $18,000 Taxes It is understood, that any Federal, State or Local taxes applicable shall be added to each invoice for services or materials rendered under this Agreement. The Client shall pay any such taxes unless a valid exemption certificate is furnished to Service Provider for the State of use. Disclaimer IN WITNESS WHEREOF, the parties hereto have caused this Proposal to be signed by their duly authorized representatives as of the date set forth below. Accepted by: Authorized Signature/Title Authorized Signature/Title InterDev I Atlanta - Chicago lnterDev, LLC City of Milton, GA Date Date �J City of Millon, GA IT and G15 Assessrnen# i'ro�osaiINTERDEV IT Security Assessment - Outline and Requirements Project Abstract — Internal and External Security Scans Project Summary: The scope of this service engagement is to provide Internal and External Security Scans, Penetration Testing, Social Engineering and PCI Compliance testing for the City of Milton, GA. The full remediation of issues may or may not be part of a larger Security project engagement for the City in the future. The scope of the report(s) engagement is limited to those items covered and discussed in this document. The report(s) engagements involve multiple stages to maximize the benefit to Florence. The City will let InterDev deploy a physical network scanning appliance at a single location within its local area network. After the completion of the engagement, InterDev will deliver the final reports to the City of Milton. InterDev will review the final reports with the City in a structured report and in-person meeting. Details of the engagement are outlined below; Engagement Overview Internal Security Scanning engagements are delivered via a physical scanning appliance. The data collection phase of the engagement is licensed to run for a maximum of two (2) weeks. The onsite assessment will take approximately 3-4 days, during that time InterDev will conduct a physical inspection of all facilities that house the City's IT infrastructure, perform brief interviews with selected staff, and conduct a brief physical security assessment. Step Z: Appliance Set-up InterDev will deploy the appliance in the customer's environment Dur physical appliance will need to be plugged into a port on a network switch that has access to all subnets in the customer environment. SNMP scanning and ICMP (ping) will need to be allowed on the City's network from the physical appliance. Step 2: !Network Discovery The physical appliance performs an initial discovery and inventory of all subnets with the credentials provided and posts asset reports to a secure application that only InterDev staff has access to. The Network Discovery phase of the assessment typically takes only a couple of hours but can vary based on the size of the network. The appliance will use standard protocols to detect IP addresses that are active and responding. Step 3: Network Inventory Network Inventory occurs immediately after the Network Discovery phase is complete. During this phase, the appliance will inventory all the devices that it has Found and has credentials to access. This phase also determines which Network and Windows devices are eligible for performance InterDev j Atlanta - Chicago —I= ar•%-v l NTERDEV M—g.d R I S-uft 1%.I monitoring. Both the discovery and inventory phases are completed within the first 24-48 hours of the analytics engagement process. Step 4: Asset Review InterDev will then produce an Asset Report that outlines all the devices that were discovered and any details that were collected about them. This report along with a Microsoft Visio drawing gives the City of Milton, GA an opportunity to review what was discovered and confirm that no critical devices or links are missing from the report due to invalid credentials or un -scanned subnets, If devices are missing from the asset report, the customer can easily request a re-scan from InterDev. Step 5: Performance Monitoring and Service Module deployment The network scanning appliance then begins performance collection on these assets and provides additional re -scans with new credentials or expanded subnets, if needed, to find additional assets. Devices discovered after performance has started will automatically be added to the performance collection. The appliance will continue to actively monitor devices until the end of the engagement Once the information collection is complete, our network engineers will compile, aggregate and correlate the data that was collected to provide extensive insight into the network and its performance. Final reports will be generated and delivered to the customer for review upon completion of the assessment. Step 6: Results Review Meeting Once final reports have been compiled, you have the option to review the results with our expert analysts. This review allows your team to discuss issues that were uncovered, best practices, and potential remediation steps. This review also allows the InterDev team to bring the experience of previous InterDev report(s) engagements to your organization and helps provide answers to common questions so that you can focus on the most important issues, InterDev i Atlanta - Chicago r-01%" I NTERDEV M—rd R pumvity _- Assessment Responsibilities We are committed to providing the City of Milton with the most valuable and efficient engagement possible. To ensure that engagements are successful, each participating party will have responsibilities as outlined below: City of Milton Responsibilities To facilitate the timely and successful delivery of the Security Scan and Penetration Test, the City's responsibilities include; ■ Provide a primary contact that will be responsible for all formal and informal communications regarding the content and format of the proposed system. ■ Provide effective access to the systems support staff and process/system subject matter experts to ensure that data required to complete the project is readily available. ■ Provide timely response to information requests to ensure all projects maintain an acceptable completion timetable, ■ Make the required personnel available for the meetings and reviews required to maintain an acceptable completion timetable. ■ Take responsibility for providing all relevant company policies prior to implementation. ■ Take responsibility for the accuracy of the information provided. ■ Provide the appropriate access to offices, systems, and information required to complete the project. ■ Provide detailed network map(s) for review and comparison of scan results. ■ Customer will provide access to systems and passwords as required. ■ Provide Internet access for the InterDev appliance that is free of Proxy Server intervention or web content filtering such as Websense. InterDev does not support proxy servers or content filters for its appliance communication. ■ Provide an on-call IT resource to be available while the external scan is being conducted. The scan is not intrusive, but best practice is for the customer to have an appointed technical resource that InterDev can call if something unexpected occurs during the external scan, or if a major security issues is found and needs to be immediately remediated. InterUev's Responsibilities ■ Provide working and updated scanning appliance for delivery of the engagement. ■ Provide technical support via phone or email between the hours of 8 a.m. and 5 p.m. ET. ■ Provide unlimited rescans of network with additional SNMP strings and/or Windows Credentials, limited only by the time scope of the engagement. ■ Monitor security of scanning appliance 24 hours a day. ■ Provide final report deliverables to customer within 48-72 hours of completing the Assessment. InterDev I Atlanta — Chicago r_'*_I INTERDEV M-.a.d rt f Swft `/ Security Encrypted Credentials Customer security and the proper handling of network credentials are of the utmost importance to us. To guarantee this security, we have implemented the following features with regards to handling credentials: Credentials are encrypted immediately upon being entered through the appliance management application. Credentials remain encrypted on the appliance for the duration of the assessment and will be deleted at the time the appliance image is delete from memory. Credentials are NEVER uploaded to the network scanner. Data Handling All device performance and inventory data on the appliance is encrypted using 256 -bit encryption prior to being sent via SSL to the InterDev secure data portal. Raw data for analysis is maintained with the InterDev network scanning too[ for a period of 6 months at which point it is permanently deleted from memory, unless a follow-up engagement has been scheduled. The retention period is strictly For allowing additional analysis of the data as well as additional reporting that may be purchased for the engagement. Upon written request on a per assessment basis InterDev will delete data prior to this date if desired, InterDev f Atlanta - Chicago I NTERDEV MAPagd n i S—ily 1%1.0� InterDev — Security Vulnerability Scan Release InterDev will provide systems scans to denote vulnerability to outside attack. We are providing this service with the permission of the City of Milton. Restrictions. End -User's use of the Service is subject to the following restrictions and End -User hereby covenants as follows: (a) End -User may use the Service only to scan IP addresses and/or map domain names for which End -User otherwise has the full right, power, and authority to consent to scan. 1P Addresses; indemn.(a) End -User represents and warrants that End -User has full right, power, and authority to consent to have the Service scan for vulnerabilities the IP addresses or domain names identified to InterDev for scanning, whether electronically or by any other means. En el ter will indernnify and hold harmless interBey, its Atitherizeel Regellers, partners and sponsers, and their offieers, direetors, empleyees and agents frffln ftnd Rg8kist any third party eiftiffis, quit�,- liabilities, losses, damages, jedgments, awards, firtes, penalties, eosts and expenses finelud�ng reasonable attorneys' fe es) i neurre d by or 'evie d against the same resulting fro rn or base d on End this-5eetian 5, [b] End -User also acknowledges and agrees that the scanning of such IP addresses and/or domain names may expose vulnerabilities and in some circumstances, could result in the disruption of services at such site(s). Certain optional features of the Service, including exploitive scans, involve substantial risk of Denial of Service (DOS) attacks, loss of service, hardware failure and loss or corruption of data. Consequently, End -User assumes the risk for all damages, losses and expenses resulting from use of the Service. I understand the risks involved and provide my approval to proceed with the security scan for the following IP address ranges: Name: Signature: Date: InterDev I Atlanta - Chicago "EXHIBIT B" CERTIFICATE OF LIABILITY INSURANCE R054 FDATE!l�1rJR1YYYY]THIS CERTIFICATEIS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED By T , 3 0 01$ BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(Sj, AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER, HE POLICIES IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the certifrsate does not confer 0 his to the certificate holder In Ileu of such endorsem main . Je 1�ollcy, certain policies may require an endorsement. A statement on this CRADDOCK LLC/PHS 266878 p: {866) 467-8730 F: (888) 443-611 PO BOX 29611 CHARLOTTE NC 28229 IxslJReo 6"c"') {866) 467-8730 WC,Nex (888) 443-6112 EMAIL AOd7ES$ I CURER (6) AFFORDM =VEAAa, RAIa IN6URFPA Sentinel Ins CO LTD 11000 '"UP -me; N,ultiple Companies 4091 INTERDEV LLC MS.JAc"c 2650 HOLCOMS BRIDGE RD STE 310 INSURFA() ALPHARETTA GA 30022 IM6URERE COVERAGES INSURER F' CERTIFICATE NUMBER: THIS IS TO CERTIFY THAT THE PpLICIES OF INSURANCE LISTED SELDW HAVE BEEN ISSUED TO THE S1 I:: NAMED ABOVE FDR THE POLICY AERIO❑ R€VISION Nt1MBER: INDICATED, NOTVINTHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH 7NI5 CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESDOCUM HEREIN 1S SUBJECT TO ALL THE TERMS -EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCE[) By PAID CLAIMS, 7VPFUFryr w'NrF ADDI- ,TURK JYx11-y,VfW8FJr nJcrc-re�-r J><+uc'rerr COMMERCIAL GENERAL LIABILITY NJFmAYI77 IJJIJ7.T CLAIMSWADE EOCCUR EACH OCCURRENCE s2,000,000 A X General Liab 24 58A 2T2412 DAMAGE TORENTEO X k PREWSES IEA aa+renca] 1 Q0 000 , 04/13/2017 04/13/7018 MED EAP (AnycnePA,,,) , 10,000 GENL AGGREGATE LJMrr APPLIES PER: PERSONAL a AOV INJURY 2,000,000 POLICPAO- Y JECT ❑ LDC JE GENERAL AGGREGATE s4 000, OOd OTHER PRODUCTS - =OAPIOP AGO r 4, 000,000 AUTOMOBILE LIABILITy ANY AUTOCO0eiNEDSj'JGLE LNIT W.Comn) s2,000,000 2`000,000 ONMED SCHEDULE3BODILY AUTOS ONLYHXAUTOS INJURY Py K X 20 SSA ZT24i2 HIRED X AUTOS ONLrAUTOS ONLY 04/13/2017 49/13/2018 BODILY INJURrIPraccurxl --- 11 UMBRELLA LJAa X OCCUR A Excess uae culMs�AA of EAcn ❑ccuRRENCE 5 2,000, 000 X X �20SIA�ZI2412 04/13/2017 04/13/2018 AGGREGATE RETQ11., I0, 000 2, 000, 0010 A111 WALU/E-_IIIl rr ANY PRpPRIETGRIPARTNER1ExECUT1VEDER OTx YIN }{ OFFICEAd�I E,uBEA rTA"E ER $ tMandstory In NN) Lu0EO9 ❑ wA X E.L. EACH ACCIDENT 11000,000 20 WEC AP6986 36/30/2017 06/30/2018 E.L DISEASE -EM EMPLOY11000,000 N yes, IPT* a antler 1' 0 0 0, 0 0 0 ❑ESCRIPTION OF OPERATIONS h�knr nr� A TechnDlogy ESO 20 SBA xT2a12 0q /13/2017 E.L DISEASE. POLICY L1Mn 'I l 000, 00c) Q 04/13/2018 1,DOD, 00011,000,404 DESCRIP MOF OPERA TIONS/ LOCATIONS, VEHICLES WORD lal, Adddlvn �rtl�rk� scr�a,A�. -y a •RAe lye If, A These usual to the Insured ls Operations. See attachmen codes. t for multiple company CERTIFICA The City of Milton 2006 HERITAGE WALK MILTON, GA 30004 CANCELLATION SHOULD ANY OF THE ABOVE i7ESCRIBE6 POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS, 4U ---CII-.-- RFPAFCc ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD CQR6 —CORPORATION. All rights reserved. AGENCY CUSTOMER Id: LOC#: ADDITIONAL REMARKS SCHEDULE Page of AGENCY CRADDOCK LLC/PHS nAMEpINEUREG 4 POLICY NUMBER INTERDEV LLC SEE ACCRD 25 CARRIER 2650 HOLCOMB BRIDGE RD STE 310 SEE ACORD 2_5NAXCOOE. ALPHARETTA GA 30022 ErFEcmrEGArE: SEE ACORD 25 AppITIONAL REMARI[g THIS AppITIQNAL REiYlARICS FQRiN i5 A SCHEpt1LE To ACORO FORM FORMNiJIIABER: ACDRd 25 FQRMTITLE: CERTIFICATE OF LIABILITY INSURANCE Certificate holder is an additional insured per the Business Liability Coverage Form SS0008 attached to this policy. Waiver of Subrogation applies in favor of the Certificate Holder per the Business Liability Coverage Form SS0008, attached to this Policy -Certificate holder is an additional insured per the Business Liability Coverage Form SS0008 and the Hired Auto and Non Owned Auto Endorsement SSO438, attached to this policy.Waiver of Subrogation applies in favor of the Certificate Holder per the Broad Form Endorsement -Extended Option WC 00 03 13, attached to this policy. The writing companies are as follows: Hartford Casualty Ins Co. Naic 29424, Hartford Accident and Indemnity Co Naic 22357, Trumbull Ins Co Naic 27120 and Harford Underwriters Ins Co Naic 30104. 101 i2014101j ® 2014 ACORO CORPORATION. All rights reserved. The ACORD name And logo are registered marks of ACORO EXHIBIT `°C°' STATE OF _LJ_ COUNTY OF . rr,,lko. % 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 perfonnance 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: Fe eral Work Authorization User Identification Number Date of uthcjiization InterDev. Name of Contractor 1T Assessment Name of Project City of Milton Gear is Name of Public Employer .ItIun+►►► % tfF BRA/,I .:�0 = 001 I hereby declare under penalty of perjury that the foregoing is true a d correct. Executedon , 20 i 8 in 1 16%f (city}, G (state). AL'eEl���7 Sipaatyu of Authorized Officer or Agent C 41--1 14 _ IVI "(.1 r Printed Nafne and Title of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE g? L DAY OF 204, 1 bv�&� 7 N ARY P LI t]? (NOTARY SEAL] Mommission Expires: D2 TO: FROM: I LTO N1 r ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM City Council DATE: March 9, 2018 Steven Krokoff, City Manager 0- AGENDA ITEM: Approval of a Parks and Recreation Department Facility Use Agreement between the City of Milton and Halftime Sports LLC. MEETING DATE: Monday, March 19, 2018 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: OYES () NO CITY ATTORNEY REVIEW REQUIRED: (,KYES () NO APPROVAL BY CITY ATTORNEY: (44 PPROVED (J NOT APPROVED PLACED ON AGENDA FOR: z 51Ic11 L`►l� 2006 Heritage Walk Milton, GA P: 678.242.2500 1 F: 678.242.2499 info@cityofmiltonga.us I www.cityofmiltonga.us 04 To: Honorable Mayor and City Council Members From: Jim Cregge, Director of Parks and Recreation Date: Submitted on March 9, 2018 for the March 19, 2018 Regular Council Meeting Agenda Item: Approval of a Parks and Recreation Department Facility Use Agreement between The City of Milton and Halftime Sports LLC. ____________________________________________________________________________ Department Recommendation: Staff is recommending the Approval of a Parks and Recreation Department Facility Use Agreement between The City of Milton and Halftime Sports LLC. Executive Summary: Halftime Sports provides the city with the youth basketball programming. This program will offer basketball leagues & camps at Fulton County School gymnasiums. Funding and Fiscal Impact: The pricing will vary based upon the program offering. This contract offers a 15% commission on registration to the City. Alternatives: If this contract is not approved, we will have to research to find another youth basketball provider. Legal Review: Sam VanVolkenburgh – Jarrard & Davis, November 27, 2017 (Contract Template) Concurrent Review: Steven Krokoff, City Manager Attachment(s): Parks and Recreation Department Facility Use Agreement between The City of Milton and Halftime Sports LLC. THIS IS AN AGREEMENT, made this day of 2018, between: THE CITY OF MILTON, a municipal corporation organized and operating under the laws of the State of Georgia, acting by and through its governing authority, the Milton Mayor and City Council, and with a business address of 2006 Heritage Walk, Milton, Georgia 30004, hereinafter referred to as the "CITY." and Halftime Sports, LLC hereinafter referred to as "PROVIDER". CITY and PROVIDER may hereinafter collectively be referred to as "the Parties". In consideration of the mutual obligations of the Parties and for good and valuable consideration, the adequacy and receipt of which are hereby acknowledged, the Parties agree as follows: ARTICLE . Services - - 1.1 PROVIDER shall conduct services generally described as Youth Basketball Leagues, Clinics and Camps at the following locations: Crabapple Crossing Elementary School, Cogburn Woods Elementary School, Birmingham Falls Elementary School, Hopewell Middle School and Northwestern Middle School. 1.2 The PROVIDER's services shall be performed during the days and hours described in Exhibit "A," attached hereto and incorporated herein by reference. 1.3 The PROVIDER and The Director of the Parks & Recreation Department (hereinafter referred to as the "Department") or his designee, will coordinate to schedule the program schedule, which schedule will be approved by Department Director, or his designee, at its sole discretion. PROVIDER agrees to submit a Program Request Form to the City's Recreation Program Manager (hereinafter "Manager") for each program being proposed tour () weeks prior to the beginning of each program session. 1.4 The fees charged to each participant will be as described in Exhibit "A" for residents of MILTON and ALPHARETTA, and a surcharge of 50% more will be charged to each participant who is not a resident of MILTON or ALPHARETTA. The out of city fee is capped at a maximum fee of $90.00. The entire balance of this surcharge for non-residents shall be paid to the CITY. 1.5 The PROVIDER can make available a reasonable number of scholarships for participants requiring assistance. Scholarships offered to residents of the City of Milton and the City of Alpharetta will result in no payment of commission on the registration to the City of Milton. Scholarships offered to participants who are not residents of the City of Milton or the City of Alpharetta will result in no payment of commission on the registration to the City of Milton, however, the PROVIDER is responsible to pay the City non-resident fees for non-resident scholarship recipients to the City. The PROVIDER is responsible for identifying participants who have received a scholarship from the PROVIDER. 1.6 The PROVIDER warrants to CITY that it is not insolvent, it is not in bankruptcy proceedings or receivership, nor is it engaged in or threatened with any litigation or other legal or administrative proceedings or investigations of any kind which would have an adverse effect on its ability to perform its obligations under this Agreement. 1.7 The PROVIDER agrees that it shall be solely responsible for all costs and/or expenses associated with, or as a result of its operation under this Agreement. The PROVIDER stipulates and certifies that it is qualified to provide the programs it is hired to provide, maintains the education and required licenses or permits necessary to provide the programs, and shall continue to maintain such licenses or permits during the term of this Agreement. -) 1 � This Agreement is considered a non-exclusive Agreement between the Parties. The CITY shall have the right to purchase the same kind of services to be provided by the PROVIDER from other sources during the term of this Agreement. The PROVIDER is not precluded from providing the same or similar services for other parties so long as such other engagements do not interfere with the PROVIDER'S provision of services to the CITY. adult movies,adult-t • • `' ,d a i1stores, adultentertainmentestablishments,massage parlors, pawn shops, and tattoo parlors or shops. 1.10 The PROVIDER shall not promote any privately owned business in a CITY park/facility or solicit any participant in a CITY park/facility activity for any privately owned business. The PROVIDER may not use said facilities to conduct personal business, including but not limited to workshops, clinics, seminars, camps, private sessions, or any other activities that are outside the scope of service described in Exhibit "A". It is further understood that such improper/ prohibited action(s) may result in immediate termination of this Agreement and the forfeiture of all compensation due or authorized for payment to the PROVIDER. 1.11 The PROVIDER shall abide by the policies, procedures, rules and regulations of the DEPARTMENT, the CITY, and the FULTON COUNTY BOARD OF EDUCATION as promulgated from time to time. PROVIDER understands and agrees that the DEPARTMENT shall have first priority to use of CITY facilities, notwithstanding any other provisions of this Agreement. 1.12 All assistants, substitutes, and subcontractors utilized by the PROVIDER must have prior written approval of the DEPARTMENT. 1.13 PROVIDER shall provide necessary supervisory personnel to ensure that the participants of the programs obey all applicable policies, procedures, Rules and Regulations. 1.14 The DEPARTMENT or CITY may require that the PROVIDER not be permitted to utilize specific assistants, substitutes, or subcontractors of PROVIDER who have failed to follow any policies, procedures, rules or regulations applicable to the use of the facility. 1.15 Although the CITY shall not control the PROVIDER's techniques, methods, procedures, or sequence of instruction, the PROVIDER will comply with the CITY's and DEPARTMENT's policies, rules, regulations and procedures, as well as those of the FULTON COUNTY BOARD OF EDUCATION, and shall not interfere with their operation, nor harm or damage the equipment or facilities afforded to PROVIDER for his/her programs, nor otherwise disrupt the other on-site activities being offered at such public facilities. 2 1.16 The PROVIDER also acknowledges that he or she is primarily responsible for the conduct of the participants in all programs under the PROVIDER's charge. 1.17 If the PROVIDER will be providing services directly with minor children without parental supervision, the PROVIDER shall, prior to commencing services under this Agreement, comply with the CITY's policy regarding criminal background screening. The CITY will furnish the PROVIDER with a background release form (Exhibit "B"), which must be completed and executed by and for all of the provider's counselors, coaches, volunteers, subcontractors, employees or any other individuals that will come in contact with a child, and background checks will be completed at the PROVIDER's sole expense. A Consent and Release Form to conduct a criminal background must be executed by any of PROVIDER's employees or any individual who will come in contact with a child at the CITY through PROVIDER or at PROVIDER's direction, such form authorizing the CITY to conduct a search of each such individual's criminal background. The result of such inquiry may be deemed acceptable by the CITY in its sole and complete discretion, and the CITY may reject any individual from participating in any program based upon such results. If the PROVIDER has recently had a background screening conducted by another agency, the CITY, at its sole discretion, may accept that background screening and waive the requirement of a new background screening. PROVIDER and its employees must also execute a Waiver and Release of Liability holding the CITY and FULTON COUNTY BOARD OF EDUCATION harmless. 1.18 It is the responsibility of the PROVIDER to ensure that 100% of their coaches and volunteers complete all legally mandated reporter training programs before being permitted to volunteer or coach. 1.19 The CITY shall require all participants in all programs to sign a Waiver and Release of Liability. 1.20 The PROVIDER shall only use the facilities identified by the CITY, and such use shall be limited to CITY designated activities. 1.21 The PROVIDER shall not sublet any CITY facilities to any entity. 1.22 The PROVIDER agrees that it will provide the City with a database in an Excel format of the email addresses of the families of all of the participants in the program. This database will be used for the purpose of the City conducting an end of season quality survey. The City will share the results with the Organization. The organization must maintain a favorable quality rating in 75% of the survey responses. Failure to achieve the desired quality ratings will result in an administrative review of the program and Organization. 3 1.23 The PROVIDER agrees to continually strive to grow the program(s) it is operating. For the facilities provided, the ideal number of participants is identified below. Organizations shall strive to grow to the ideal capacity and maintain that level of participation. Failure to reach the ideal capacity or a decline in the registration will result in an administrative review of the program and Organization. Ideal Capacity: Previous Season Participation: Growth Goal for This Season: 3 `l C) 1.24 The Organization is permitted multiple advanced level (non -recreation level) teams provided that no advanced level team displaces a single recreation -level participant or team and the advanced level teams must be made up of at least 50% City of Milton and City of Alpharetta residents. Tryouts must be open to all, advertised in the appropriate media for the sport involved and must be verified by the City GIS database prior to formation. ARTICLE 2.0 2.1 All program materials and equipment needed or pertaining to the above stated programs will be provided by the PROVIDER at his/her own cost and expense. However, PROVIDER may require participants to obtain certain materials required in the programs by providing a list of such materials (with approximate costs) to the participants. If PROVIDER makes such materials available to participants, they must be sold at PROVIDER's cost. All equipment provided by the PROVIDER shall be used in strict accordance with equipment manufacturer's instructions and in accordance with all applicable laws. PROVIDER shall coordinate storage of equipment with the principal of the school located at the facility, if applicable. 2.2 The sale of merchandise is restricted to those materials utilized in and for the programs, with the exception of fundraising activities, in which other appropriate items such as gifts and food/drink may be sold. Fundraising activities conducted by the PROVIDER will be permitted. The PROVIDER shall obtain the CITY's approval of any fundraising activities and sale of merchandise prior to its distribution or sale. 2.3 The CITY will provide no storage space to the PROVIDER, unless otherwise mutually agreed upon in a separate written agreement. 2.4 Any supplies or equipment left at the facility will be the responsibility of the PROVIDER. The CITY will not be responsible for any lost, stolen, or broken equipment or supplies. 2.5 The PROVIDER shall inspect the premises and equipment offered to him/her for his/her proposed activity, and if he or she finds anything wrong with the premises or equipment before each program commences that cannot be corrected immediately by the DEPARTMENT, the program shall be cancelled and the matter reported to the DEPARTMENT for correction. If the PROVIDER elects to hold his/her programs in the facility provided, it will be presumed that the PROVIDER has inspected the premises and facilities and equipment provided for such programs and has accepted same as being safe and suitable for the use intended. 4 ARTICLE 3.0 3.1 ACTIVE: Program sizes shall meet the minimum numbers of participants for each program as designated in Exhibit "A." ARTICLE 4.0 4.1 In consideration of the City authorizing the PROVIDER to furnish the services described herein and to keep a portion of the revenues obtained from furnishing such services (as provided herein), the PROVIDER agrees to furnish the services pursuant to the terms of this Agreement, including but not limited to the releases and indemnities contained herein. Further, the CITY shall be entitled to a commission consisting of 15% of the registration fees paid by all program participants to the PROVIDER. In consideration for providing the services described herein, the PROVIDER shall be entitled to 85% of such fees paid, exclusive of the 50% non-resident surcharge described in Section 1.4. The 50% non-resident surcharge (capped at a maximum of $90.00) is fully payable to the CITY and shall not be included in PROVIDER's gross income calculation. PROVIDER shall be entitled to retain all non -registration fees paid by participants to PROVIDER, i.e. PROVIDER membership fees and costs for uniforms and pictures to participants. 4.2 The PROVIDER agrees to provide the CITY with schedules of fees to be charged to participants in conformance with Exhibit "A" and to collect all fees from participants. The PROVIDER will submit a completed registration report, in the format designated by the CITY, to the CITY within two weeks of the close of registration for each program. The CITY will check for residency verification and then send the PROVIDER an invoice, including supporting documentation, for the total amount due to the CITY. Each payment by PROVIDER to City will include the registration commission and all non-resident surcharge fees. Payments will be made to the CITY within fifteen (15) business days of PROVIDER's receipt of each invoice. 4.3 It is the responsibility of the PROVIDER to pay all applicable local, state, and federal taxes associated with this Agreement, and to acquire and pay for all necessary permits, licenses, and insurance required for the execution of this Agreement. ARTICLE 5.0 5.1 This Agreement does not create an employee/employer relationship between the Parties. It is the intent of the Parties that the PROVIDER is an independent contractor under this Agreement and not a CITY employee for all purposes, including but not limited to, the application of the Fair Labor Standards Act minimum wage and overtime payments, Federal Insurance Contribution Act, the Social Security Act, the Federal Unemployment Tax Act, the provisions of the Internal Revenue Code, The State Workers Compensation Act, and the State unemployment insurance law. The PROVIDER shall retain sole and absolute discretion in the judgment of the manner and means of carrying out PROVIDER's activities and responsibilities hereunder. The PROVIDER agrees that it is a separate and independent enterprise from the CITY, that it had full opportunity to find other business, that it has made its own investment in its business, and that it will utilize a high level of skill necessary to perform the work required hereunder. This Agreement shall not be construed as creating any joint employment relationship between the PROVIDER and the CITY and the CITY will not be liable for any obligation incurred by PROVIDER, including but not limited to unpaid minimum wages or overtime premiums. 5 5.2 PROVIDER warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the PROVIDER to solicit or secure this Agreement, and that it has not paid or agreed to pay any person, company, corporation, individual or firm any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of this provision, the CITY shall have the right to terminate the Agreement without liability at its discretion, to deduct from the contract price, or otherwise recover the full amount of such fee, commission, percentage, gift or consideration. 6.1 City shall not have any insurance obligations related to this Agreement, and PROVIDER shall not provide any service until all insurance required under this paragraph has been obtained and approved by the CITY. 6.2 Certificates of Insurance. Certificates of Insurance reflecting evidence of the required insurance shall be filed with the CITY prior to the commencement of this Agreement. The Certificates of Insurance and endorsements for each policy are to be issued 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. Further, the PROVIDER shall provide complete certified copies of current insurance policy(ies) and/or a certified letter from insurance company(ies) if requested by the City. These Certificates of Insurance provided shall contain a provision that coverages afforded under these policies will not be cancelled until at least forty-five days (45) prior written notice has been given to the CITY. Policies shall be issued by companies authorized to do business under the laws of the State of Georgia. Financial Ratings must be not less than "A -VI" in the latest edition of "Best Key Rating Guide", published by A.M. Best Guide. 6.3 Insurance shall be in force until the obligations required to be fulfilled under the terms of the Agreement are satisfied. In the event the insurance certificate provided indicated that the insurance shall terminate and lapse during the period of this Agreement, then in that event, the PROVIDER shall furnish, at least thirty (30) days prior to the expiration of the date of such insurance, a renewed Certificate of Insurance as proof that equal and like coverage for the balance of the period of the Agreement and extension thereunder is in effect. The PROVIDER shall not provide any service pursuant to this Agreement unless all required insurance remains in full force and effect. 6.4 Commercial General Liability insurance must be maintained for comprehensive coverage including for bodily injury and personal injury, sickness, disease and death, and property damage. Exposures to be covered are: premises, operations, products/completed operations, and certain contracts. Coverage must be written on an occurrence basis, with the following limits of liability: $1,000,000 Combined Single Limit - each occurrence $2,000,000 Combined Single Limit - general aggregate $1,000,000 Personal Injury $1,000,000 Products/Completed Operations Aggregate PROVIDER shall have its insurer name the City of MILTON as an additional insured on its General Liability policy. PROVIDER shall also have its insurer name the FULTON COUNTY BOARD OF EDUCATION as an additional insured on its General Liability policy. 6.5 Worker's Compensation insurance shall be maintained during the life of this Agreement to comply with the statutory limits for all employees, and in the case any work is sublet, the PROVIDER shall require the subcontractor(s) similarly provide Workers Compensation Insurance for all the latter's employees unless and until such employees are covered by the protection afforded by the PROVIDER. The PROVIDER and his subcontractors shall maintain during the life of this Agreement Employers Liability Insurance. The following limits must be maintained: A. Workers Compensation Statutory B. Employer's Liability $100,000 each accident $500,000 Disease -policy limit $100,000 Disease -each employee If PROVIDER or its subcontractor claims to be exempt from this requirement, PROVIDER shall provide CITY proof of such exemption; provided that CITY may reject such claim, and CITY's acceptance of such claim shall not affect this obligation should claim of exemption be determined inaccurate or false. 6.6 PROVIDER shall also maintain Directors and Officers insurance with limits of at least $500,000.00, in a policy separate from the Commercial General Liability insurance policy. Areas of coverage must include allegations of: wrongful termination; failure to hire or promote; discrimination, including sexual harassment; failure to accommodate disabilities; and claims alleging mental anguish and emotional distress. Claims -made coverage must cover the preceding six years or the length of time the Association has been operating in the City, whichever is less. The policy must include the City as an additional insured.. 6.7 PROVIDER shall include all subcontractors as insureds under its policies or shall ensure each subcontractor complies with the insurance requirements provided herein, including but not limited to naming the CITY as an additional insured. ARTICLE 7.0 7.1 After a two (2) month trial period, the programs will be evaluated by the DEPARTMENT, and the remainder of this Agreement will either be terminated or continue in full force and effect. If at any time after the two (2) month evaluation, program enrollment should fall below the required minimum, the PROVIDER will be allotted four (4) weeks to bring enrollment up to the required minimum. The programs will be reevaluated at the close of this four (4) week period, at which time the CITY may terminate this Agreement if the requirements herein have not been met or the CITY is otherwise unsatisfied with the program in its sole discretion. 7.2 The term of this Agreement shall commence upon the date of execution hereof and shall remain in effect until December 31, 2018, unless terminated sooner as provided in this Article. Renewal of this Agreement beyond said term shall require the mutual written agreement of the CITY and PROVIDER. 7 7.3 PROVIDER's violation of any term set forth in this Agreement may result in termination of this Agreement by written notice. This Agreement may also be terminated by the CITY for convenience and at the sole and exclusive discretion of the CITY upon giving of at least thirty (30) days priorwriften notice of termination to the PROVIDER at the PROVIDER's address set forth herein. This Agreement may be terminated by the City immediately by written notice to PROVIDER upon any willful, reckless, or grossly negligent act or omission by PROVIDER or any of its officers, agents, employees, or volunteers. 7.4 This Agreement may be terminated by PROVIDER upon giving at least thirty (30) days written notice of termination to the CITY. 7.5 PROVIDER must notify the DEPARTMENT in writing of any program cancellations at least ten (10) business days prior to the scheduled cancellation. 7.6 CITY reserves the right to cancel or reschedule any of the PROVIDER's programs in the case of scheduling conflicts or other emergencies, as determined by the DEPARTMENT. 7.7 Upon termination or expiration of this Agreement, PROVIDER shall provide payment to the CITY of any commission or surcharge due up to the termination date. 7.8 The rights and remedies of the CITY and PROVIDER provided under this Article 7 are in addition to any other rights and remedies provided under this Agreement or at law or in equity. ARTICLE 8.0 Indemnification 8.1 PROVIDER covenants and agrees to take and assume all responsibility for the services provided in connection with this Agreement. PROVIDER shall defend, indemnify and hold harmless the CITY and the FULTON COUNTY BOARD OF EDUCATION, and the CITY and FULTON COUNTY BOARD OF EDUCATION's trustees, elected and appointed officials, officers, boards, commissions, employees, representatives, consultants, servants, agents and volunteers (individually an "Indemnified Party" and collectively the "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, paralegal fees, and costs of defense ("Liabilities"), which may arise from or be the result of alleged willful, negligent or tortious conduct arising out of the performance of services described herein, or operations by the PROVIDER, any subcontractor, anyone directly or indirectly employed by the PROVIDER or subcontractor or anyone for whose acts the PROVIDER or subcontractor may be liable, regardless of whether or not the act or omission is caused in part by a party indemnified hereunder. This indemnity obligation does not include Liabilities caused by or resulting from the sole negligence of an Indemnified Party. Such obligation shall not be construed to negate, abridge, or otherwise reduce any other right or obligation of indemnity which would otherwise exist as to any party or person described in this provision. In any and all claims against an Indemnified Party by any employee of the PROVIDER, its subcontractor, anyone directly or indirectly employed by the PROVIDER or subcontractor or anyone for whose acts the PROVIDER or subcontractor may be liable, the indemnification obligation set forth in this provision shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the PROVIDER or any subcontractor under workers' or workmen's compensation acts, disability benefit acts or other employee benefit acts. 11 8.2 The Parties understand and agree that the covenants and representations relating to this indemnification provision shall survive the term of this Agreement and continue in full force and effect as to the PROVIDER's responsibility to indemnify. ARTICLE 9.0 9.1 PROVIDER shall not discriminate against any person in its operation and activities in its use or expenditure of the funds or any portion of the funds provided by this Agreement and shall affirmatively comply with all applicable provisions of the Americans With Disabilities Act ("ADA"), in the programs while providing any services funded in whole or in part by the CITY, including Titles I and II of the ADA and all applicable regulations, guidelines, and standards. 9.2 PROVIDER's decisions regarding the delivery of services under this Agreement shall be made without regard to or consideration of race, age, religion, color, gender, sexual orientation, national origin, marital status, physical or mental disability, political affiliation, or any other factor which cannot be lawfully or appropriately used as a basis for delivery of service. 10.1 No modification, amendment, or alteration of the terms and conditions contained shall be effective unless contained in a written document executed by each party with the same formality and equal dignity herewith. 10.2 This Agreement is not transferable or assignable, and PROVIDER agrees not to delegate, transfer or assign the performance of any services called for in the Agreement without prior express written consent from the CITY. As to any approved subcontractors, the PROVIDER shall be solely responsible for reimbursing them, and the CITY shall have no obligation to them. 10.3 This Agreement sets forth the full and complete understanding of the Parties as of the effective date, and supersedes any and all negotiations, agreements, and representations made or dated prior to this Agreement. 10.4 The PROVIDER shall pay reasonable attorney's fees to the City should the City be required to incur attorney's fees in enforcing the provisions of this Agreement. 10.5 Time is of the essence of this Agreement. 10.6 The individual executing this Agreement on behalf of PROVIDER agrees and represents that he is authorized to execute this Agreement on behalf of the respective entity and has obtained all necessary approvals to execute and bind PROVIDER to the terms of this Agreement. Accordingly, the City and PROVIDER both waive and release any right to contest the enforceability of this Agreement based upon the execution and/or approval thereof. 10.7 Nondiscrimination: In accordance with Title VI of the Civil Rights Act, as amended, 42 U.S.C. § 2000d, section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6102, section 202 of the Americans with Disabilities Act of 1990, 42 U.S.C. § 12132, and all other provisions of Federal law, the PROVIDER 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, PROVIDER agrees to comply 0 with all applicable implementing regulations and shall include the provisions of this Section in every subcontract for services contemplated under this Agreement. 10.8 Books, records, documents, account ledgers, data bases, and similar materials relating to the services performed under this Agreement ("Records") shall be established and maintained by PROVIDER in accordance with requirements prescribed by the CITY and applicable law. Upon request, the PROVIDER shall furnish to the CITY any and all Records related to matters covered by this Agreement in the form requested by the CITY. The PROVIDER will permit the CITY or CITY's representative (s) to audit, examine, and make excerpts or transcripts from such Records, and to audit all contracts, invoices, materials, payrolls, records of personnel, conditions of employment and/or data relating to all matters covered by this Agreement. All communications relating to the day-to-day activities of the program shall be exchanged between TOM MCKLVEEN for the CITY and KIM COLEMAN for the PROVIDER. All other notices, requests, demands, writings, or correspondence, as required by this Agreement, shall be in writing and shall be deemed received, and shall be effective, when: (1) personally delivered, or (2) on the third day after the postmark date when mailed by certified mail, postage prepaid, return receipt requested, or (3) upon actual delivery when sent via national overnight commercial carrier to the Party at the address given below, or at a substitute address previously furnished to the other Party by written notice in accordance herewith: NOTICE TO THE CITY shall be sent to: Jim Cregge Parks and Recreation Director, City of Milton 2006 Heritage Walk Milton, GA 30004 NOTICE TO THE PROVIDER shall be sent to: Kim Coleman - Halftime Sports 12460 Crabapple Road Alpharetta, GA 30004 10.10 No failure by the CITY to enforce any right or power granted under this Agreement, or to insist upon strict compliance by PROVIDER with this Agreement, and no custom or practice of the CITY at variance with the terms and conditions of this Agreement shall constitute a general waiver of any future breach or default or affect the CITY's right to demand exact and strict compliance by PROVIDER 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. 10.11 Pursuant to O.C.G.A. § 13-10-91, the CITY shall not enter into a contract for the physical performance of services unless the PROVIDER shall provide evidence on CITY -provided forms, attached hereto as Exhibits "C" and "D" (affidavits regarding compliance with the E -Verify program to be sworn under oath under criminal penalty of false swearing pursuant to O.C.G.A. § 16-10-71), that it and PROVIDER'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 E 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. The PROVIDER hereby verifies that it has, prior to executing this Agreement, executed a notarized affidavit, the form of which is provided in Exhibit "C", and submitted such affidavit to CITY. Further, PROVIDER hereby agrees to comply with the requirements of the federal Immigration Reform and Control Act of 1986 (IBCA), P.L. 99-603, O.C.G.A. § 13-10-91 and Rule 300-10-1-.02. In the event the PROVIDER employs or contracts with any subcontractors) in connection with the covered contract, the PROVIDER agrees to secure from such subcontractors) attestation of the subcontractor's compliance with O.C.G.A. § 13-10-91 and Rule 300-10-1-.02 by the subcontractor's execution of the subcontractor affidavit, the form of which is attached hereto as Exhibit "D", which subcontractor affidavit shall become part of the contractor/subcontractor agreement, or evidence that the subcontractor is not required to provide such an affidavit. If a subcontractor affidavit is obtained, PROVIDER agrees to provide a completed copy to the CITY within five (5) business days of receipt from any subcontractor. PROVIDER agrees that the employee -number category designated below is applicable to the PROVIDER. 500 or more employees. 100 or more employees. X Fewer than 100 employees. PROVIDER hereby agrees that, in the event PROVIDER employs or contracts with any subcontractor(s) in connection with this Agreement and where the subcontractor is required to provide an affidavit pursuant to O.C.G.A. § 13-10-91, the PROVIDER will secure from the subcontractor(s) such subcontractor(s') indication of the above employee -number category that is applicable to the subcontractor. The above requirements shall be in addition to the requirements of State and federal law, and shall be construed to be in conformity with those laws. 10.12 PROVIDER represents that it has reviewed and become familiar with this Agreement and has notified the CITY of any discrepancies, conflicts or errors herein. 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 event of a conflict as to the duties and responsibilities of the Parties under this Agreement, this Agreement shall govern over any Exhibit, and the Exhibits shall govern in the order attached hereto. 10.13 Subject to the provision offhis Agreement regarding assignment, this Agreement shall be binding on the heirs, executors, administrators, successors and assigns of the respective Parties, provided that no Party may assign this Agreement without prior written approval of the other Party. 10.14 This Agreement shall be governed by and construed in accordance with the laws of the State of Georgia. 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, and PROVIDER submits to the jurisdiction and venue of such court. 10.15 Should any articles) 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 the Parties declare they would have agreed to the remaining parts of this Agreement if they had known that the severed provisions or portions thereof would be determined illegal, invalid or unenforceable. 10.16 Neither the CITY nor PROVIDER 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: (a) any cause beyond its respective reasonable control; (b) any act of God, (c) any change in applicable governmental rules or regulations rendering the performance of any portion of this Agreement legally impossible; (d) earthquake, fire, explosion or flood; (e) strike or labor dispute, excluding strikes or labor disputes by employees and/or agents of PROVIDER; (f) delay or failure to act by any governmental or military authority; or (g) 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. IN WITNESS OF THE FOREGOING, the Parties have set their hands and seal the day and year first written above. ATTEST SUDIE GORDON, CITY CLERK ATTEST: Print: Its: (Assistant) Corporate Secretary (required if corporation) CITY: JOE LOCKWOOD, MAYOR PROVI ER: (,,Pn I � Print: C,tm circle one) - President ice President (Corporation) - Gen—erd-T Partner (Partnership/Limited Partnership) - Member/Manager (LLC) [CORPORATE SEAL] (required if corporation 12 [INSERT SCOPE OF WORK (INCLUDING BUT NOT LIMITED TO FEES, SCHEDULE MINIMUM NUMBER PARTICIPANTS)] 13 EXHIBIT "C" 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: /,/ Ak I hereby declare under penalty of perjury that the eVerify Numder foregoing is true and correct. Executed on�� G? _, 2012in (city), Date of Authorization ._(state . Name of Contractor Signature oj�Authoriz/� Officer or Agent Name of Project I(�AL 11, K (W— l9 lL°-rpt d�� Printed Name and Title of Authorized Officer or Agent Name of Public Employer SUBSCRIBED AND SWORN BEFORE ME ON THIS THE DAY OF 2:_,2014. NOTARY PU IC 15 [N : pTA,4i ,0 EXPIRES GEORGIA July 31, 2020 r ALB L�G..�s a.. a My Commission Expires: EXHIBIT "D" SUBCONTRACTOR AFFIDAVIT STATE OF GEORGIA CITY OF MILTON 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 on behalf of the City of Milton has registered with, is authorized to use and uses the federal work authorization program commonly known as E -Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91. Furthermore, the undersigned subcontractor will continue to use the federal work authorization program throughout the contract period, and the undersigned subcontractor will contract for the physical performance of services in satisfaction of such contract only with sub -subcontractors who present an affidavit to the subcontractor with the information required by O.C.G.A. § 13-10-91(b). Additionally, the undersigned subcontractor will forward notice of the receipt of an affidavit from a sub -subcontractor to the contractor within five (5) business days of receipt. If the undersigned subcontractor receives notice that a sub -subcontractor has received an affidavit from any other contracted sub -subcontractor, the undersigned subcontractor must forward, within five (5) business days of receipt, a copy of the notice to the contractor. Subcontractor hereby attests that its federal work authorization user identification number and date of authorization are as follows: eVerify Number Date of Authorization Name of Contractor Name of Project Name of Public Employer I hereby declare under penalty of perjury that the foregoing is true and correct. Executed on V�� (41 , _, 201 Vin CA -04 (city), �9 state).. 1 d-� Sign Lure of Authoriz d Officer or Agent Printed Name and Title of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE _� DAY OF /.li. 201. NO RY P L O�On ��`` NNNN,dNNh N� !GEORGIA _ 2020�sJ-2, Zo Z J My Comn�s�igta_F,ap�, iras:Tr ACORE02210512P CERTIFICATE OF LIABILITY INSURANCE DAT10512D/YYYY) ��.. 018 THIS CERTIFICATE IS ISSUED AS --A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THI CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Relation Insurance Services P.O. Box 25936 Overland Park Kansas 66225 CONTACT NAME: Kristin Legendre PAHic r o Ext): 800-955-1991 q/c No : 913 327-0201 I ADDRESS: programs@relationins.com PRODUCER CUSTOMER to: INSURER(S) AFFORDING COVERAGE NAIC # POLICY E F MMIDDIYYYY INSURED INSURER A: Nationwide Mutual Insurance Company 23787 INSURER B: Halftime Sports DBA: Halftime Sports, LLC 12460 Crabapple Road, #337 Alpharetta, GA 30004 INSURER C: INSURER D: INSURER E: A Member of the Sports, Leisure & Entertainment RPG INSURER F: COVERAGES CERTIFICATE NUMBER: W01173252 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE AODL INSD SUBR WVD POLICY NUMBER POLICY E F MMIDDIYYYY POL CY EXP MM/DD/YYYY LIMITS A X COMMERCIAL GENERAL LIABILITY X 6BRPG0000006055100 03/24/2017 03/24/2018 EACH OCCURRENCE $2,000,000 CLAIMS- roccuR MADE 12:01 AM EDT 12:01 AM DAMAGE N $1,000,000 PREMISES Ea Occurrence MED EXP (Any one person) $5,000 PERSONAL & ADV INJURY $2,000,000 GENERAL AGGREGATE $5,000,000 L AGGREGATE LIMIT APPLIES PER: PRODUCTS- COMP/OP AGG $2,000,000 ❑LOC JECTPOLICY PRO171 n'OTHER: PROFESSIONAL LIABILITY $2,000,000 LEGAL LIAB TO PARTICIPANTS $2,000,000 A AUTOMOBILE LIABILITY 6BRPG0000006055100 03/24/2017 12:01 AM EDT 03/24/2018 12:01 AM CO BINI75 SINGLE I $2,000,000 Ea accident) BODILY INJURY (Per person) ANY AUTO OWNED AUTOS SCHEDULED ONLY AUTOS BODILY INJURY (Per accident) HIRED NON -OWNED X AUTOS ONLY X AUTOS ONLY PROPERTY DAMAG Per accident X NOT PROVIDED WHILE IN HAWAII UMBRELLA UAB OCCUR EACH OCCURRENCE EXCESS LIAB CLAIMS -MADE AGGREGATE DED RETENTION WORKERS COMPENSATION AND EMPLOYERS' LIABILITY N/A S R OTHER STATUTE ANY PROPRIETOR/PARTNER/ YIN E.L. EACH ACCIDENT EXECUTIVE OFFICERIMEMBER ElEXCLUDED? (Mandatory in NH) E.L. DISEASE—EA EMPLOYEE E.L. DISEASE —POLICY LIMIT If yes, describe under DESCRIPTION OF OPERATIONS below A MEDICAL PAYMENTS FOR PARTICIPANTS 6BRPG0000006055100 03/24/2018 PRIMARY MEDICAL 103/24/2017 12:01 AM EDT 12:01 AM EXCESS MEDICAL $25,000 DESCRIPTION OF OPERATIONS 1 LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Legal Liability to Participants (LLP) limit is a per occurrence limit. Sport(s): Basketball Age(s): 12 and under, 13-15, 16-19 The certificate holder is added as an additional insured, but only for liability caused, in whole or in part, by the acts or omissions of the named insured. CERTIFICATE HOLDER CANCELLATION City of Milton SHOULD ANY OFT E ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 2006 Heritage Walk THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Milton, GA 30004 ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE (Owner/Lessor of Premises) Goverage is only extended to U.S. events and activities. '- NOTICE TO TEXAS INSUREDS: The Insurer for the purchasing group may not be subject to all the insurance laws and regulations of the State of Texas ACORD 25 (2016103) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Program Emphasis/Expectations: The AAU Basketball travel teams are devoted to developing the skills of individual players with the collective goal of team success. Though success cannot always be measured by wins and losses, it is expected that the coaches and players will try to be competitive in all tournaments and games. Though competing is one aspect of the program, Halftime Sports expects that all players, coaches, and Halftime Sports parents, fans, neighbors demonstrate the highest level of sportsmanship always. It is our belief that a competitive program can be a positive experience for young people, especially when combined with a proper perspective that promotes character building and development. Tournament Schedule March 16 - 18, 2018 (Ga Invitational presented by LyfeWell) Marc 30 — 311, 2018 (U.S Amateur Super Regionals -No Games on Sunday) April 13 — 15, 2018 (Hoops 2 Dunk Cancer Classic) April 27 - 29, 2018 (USA Basketball Hoops Classic) May 11 - 12, 2018 (9th Annual Mother's Day Classic — No games on Sunday) May 25 - 28, 2018 (MEGA Showcase) June 16 - 17, 2018 (Only the Best Classic) (*) Games are at Etowah High School Roswell High School Centennial High School Chattahoochee High School LakePoint Sports Complex, etc. Note: Location depends on tournament Team Practice: Team practice includes two (2) 90 -minute practice a week. An Additional night will be allotted for team skills sessions/performance training. Playing Time: While Halftime Sports coaches strive to give all players adequate playing time, playing time is not guaranteed in the AAU Basketball travel program. Amount of playing time is determined by the coaching staff and is based on attendance at practice, overall performance, attitude, and the ability to comply with team rules and regulations. It is our belief that all members of the roster are equally important and play a vital role in the team's success. Players should expect to be treated equally, but this does not guarantee that playing time is equal. Participation Fees: 2018 Regular AAU Season Costs is only (TBA) Refund Policy: No refunds are granted in the event a player discontinues participation during the season. If a player becomes injured, quits, or is removed from the team for inability to comply with team rules, or otherwise chooses to end participation, he/she will not be entitled to any refund. Community Service Project: As part of the Halftime Sports AAU Basketball Program, our players are encouraged to participate in a community service project. 2018 Community Service Project information Coming Soon! Because joining the Halftime Sports AAU Basketball program is a large financial and time commitment, it is important to have all your questions answered prior to registering for tryouts. Please do not hesitate to contact our offices at info.halftilnesports<<r .Lmail.coil1 with any questions. Q: Can A Coach bring a travel team under the Halftime Sports Umbrella? A: Yes Q: Which team is my son/daughter trying out for? A: AAU teams are based on grade level and age. Some players may be asked to play up a grade based on skill. Halftime Sports Spurs Q: What if my child cannot attend all tryout sessions? A: Notification to the Office needs to be made immediately if a player cannot attend a tryout session and would still like to be considered for a team. The office will work with the parent to determine if the player should attend another tryout session. Q: How many tryouts are there? A: Tryouts consist of two 90 -minute tryout sessions. Players are expected to attend both tryouts. Q: Where are tryouts held? A: Hopewell Middle School Q: When are tryouts? A: TBA Q: Fees for tryouts? A: Tryouts cost $0 Q: How do you evaluate players to ensure each player gets a fair tryout? A: Players are put through basic basketball drills to evaluate his/her work ethic, hustle, attitude, shooting, passing, dribbling, rebounding, and defensive skills. Hard work, hustle, and good attitude are contributing factors in team selection. Even if a player has a difficult session and his/her shooting or game is "off' that session, other factors are still considered. All players are put through the same drills to ensure that the tryout process is fair. Q: What experience should a player have before trying out for Halftime Sports AAU Travel Basketball team? A: Players can have wide variety of basketball experience. It is important to remember because we are drawing from multiple communities (Roswell, Alpharetta, Milton, Johns Creek, Cumming), AAU teams are more competitive than most recreational or middle school teams. Q: My child plays another sport (baseball, soccer, etc.) — would he/she be able to play AAU Basketball, too? A: Yes, your child can still play AAU Basketball. Halftime Sports AAU teams have practice during the week. Games and tournaments are typically on weekends (some tournaments start on Friday evenings). Q: How is AAU different from other programs or leagues? A: The AAU program is much more competitive than recreational or local select leagues because it involves athletes from different communities playing on the same team, resulting in a better talent pool. Recreational leagues, on the other hand, consist of teams from one town or school, which means a smaller pool and less competition for team selection. The AAU program is also a bigger time commitment with practices during the week and games and tournaments on the weekends. It is also important to keep in mind that players who are unable to attend practice will also miss out on understanding what was covered in practice (for example, learning a play). Therefore, missed practices may have a significant impact on playing time. Q: Is playing time guaranteed if my child makes a team? A: Unlike some programs, AAU DOES NOT GUARANTEE playing time for any player. Coaches must weigh many factors to determine which players will start and who will be subbed in at every game. Coaches generally do not keep track of individual player's playing time. If at any time you are concerned about your child's playing time, please discuss this with the coach away from the event, never immediately after the game. Please keep in mind the broader goals of the program before taking issue with any player's playing time. Q: Who selects the players that make a team? A: Halftime Sports coaching staff selects players based on a scoring system and observation. Q: My child was not selected to a team, but I believe my child is a better player than players who did make the team. What can I do? A: Deciding who makes each team is not an exact science. Halftime Sports staff will do their best to identify the top players. It is important to remember that all teams need different kinds of players to be successful. If you feel strongly that your child should have been selected to a team, contact Kim Coleman, Halftime Sports President directly @ kc.halftimesports@gmail.com. Q: My son or daughter is very upset over not making a team; what should I say to him or her? A: We understand that not getting selected to a team is a heartbreaking experience for any child. It is important that you explain to your child that giving his/her best effort is most important. You can share that many good players have not been selected to a team at one time or another. Players should evaluate the areas in which they need improvement and work to improve their overall skills. Q: My child has made the team, now what? A: You will receive an email from Halftime Sports welcoming you to the team and specific instructions on what happens next. Parent confirmation occurs by sending an email of acceptance to and registering with a non-refundable $150 deposit within 48 hours of notification of team selection (which is applied to your program fee). A received payment means confirmation into the program. Parents must attend the Halftime Sports Parent Meeting, which explains the overall program objectives and expectations. Q: When are the dates of the AAU season? A: The AAU season runs from March 2018 through mid-June 201.8. Q: What is the cost of the AAU season? A: Halftime Sports AAU Program Fees include practices, tournaments, AAU membership, gym rentals, coaches' salary, and administrative costs. Halftime Sports 2018 AAU Regular Season Program fee is $500. You can review other Georgia travel teams/programs fee's, as they range between $750 - $1,500. Q: How many tournaments are there? A: Halftime Sports registers for 5-7 tournaments throughout the AAU Regular season Q: How many practices are there per week? A: Each team has two, 90 -minute practice per week. Competition in Boys AMI Basketball shall be in the following: 10 & Under Division An athlete can be no older than 10 on August 31, 2018. 11 & Under Division An athlete can be no older than 11 on August 31, 2018. 12 & Under Division An athlete can be no older than 12 on August 31, 2018. 13 & Under Division An athlete can be no older than 13 on August 31, 2018. 14 & Under Division An athlete can be no older than 14 on August 31, 2018. 15U/9th Grade Division An athlete can be no older than 15 on August 31, 2018. Grade Policy: An athlete who is in the 9th grade as of October 1, 2017 and who is no older than 16 on August 31, 2018 is eligible to play in the 15U/9th grade division. 16U/10th Grade Division An athlete can be no older than 16 on August 31, 2018. Grade Policy: An athlete who is in the 10th grade as of October 1, 2017 and who is no older than 17 on August 31, 2018 is eligible to play in the 16U/10th grade division. 17U/11th Grade Division An athlete can be no older than 17 on August 31, 2018. Grade Policy: An athlete who is in the 1 lth grade as of October 1, 2017 and who is no older than 18 on August 31, 2018 is eligible to play in the 17U/11th grade division. MIITOi �!►' YOUTH DEVELOPMENT LEAGUE "Great Preparation for Summer and Winter hoops programs" The Halftime Sports Sunday Spring Youth Development Basketball League (presented by City of Milton) is for players who want to improve their overall game in a controlled, game -like condition, while being taught and coached the fundamentals of basketball in a fun environment. The Halftime Sports/City of Milton Sunday Spring Youth Development Basketball League promotes leadership skills amongst players and promises equal playing time with all players. This uniques hoops vehicle allows a place for players to "Just" play, be creative and enhance their skills. Our instructors will provide a pre -game development session and then start the games. Players will play in age specific groups and will be assigned teams, which will play every Sunday Night in a organized, professional and safe environment. This will be the best, exciting overall development of basketball a player can receive during the Spring season. If your player wants to play better in his/her rec league or feeder team, then this is for Him/Her! When: Sunday Afternoon Dates: March 4 — April 29, 2018 (7 Exciting Weeks, excludes Labor Day) Times: (Each age group will play at a pre -determined time slot for one hour each week) 2:00 K— 1st; 3:00 2nd -3rd; 4:00 4th -5th; 5:00 6th -7th; 6:00 81h & Up Location: Hopewell Middle School, 13060 Cogburn Road, Alpharetta, GA 30004 Age Groups: 1st— 10th Boys/Girls (Players will play in age specific groups) Maximum Players: 70 total Cost: Only $175 per player (for 7 exciting weeks) Site: www.halftimesports.net \. SPALDIN6., TRUE TO THE GAME RULES 8 - 9 Players per team Two 20 -minute halves; running clock 15 minute Skills & drills prior to games Players sub every 5 minutes Shooting fouls (2 pts or 3 pts for 3 -pointers and change of possession) Fouls under 2 minutes (team gets 1 point and keep possession and take ball out of bounds) No foul outs Every team must play man to man Can press anytime but only man to man HOOPS CITY BASKETBALL CAMP SERIES "'- ext Season Starts Now!" Discover why Halftime Sports/City of Milton "Hoops City" basketball camps have become one of the most respected basketball programs throughout the country. I' Learn how to become a pure shooter - Perfect your offensive moves Ic Sharpen you ball handling skills Improve your defense Advance your overall basketball understanding All while having fun! We want you to gain the edge this season. Each camp is different and includes competitive drills and games. The goal is to teach and challenge players in a fun and encouraging environment. Campers are placed in age specific groups Camps throughout Summer Our cams are known for our proven transformation process, habit training, coaching evaluations, interactive one on one skills development, self -visualization techniques, communication and leadership training, full court games designed for player transformation, training on reading defense and attacking the basket, attitude and cutting-edge sports technique. We offer camp skill training for beginners to serious players. All ages/grades are welcome .... you are never too young to learn! Along with the "Learning Process," our Halftime Sports team will conduct in - camp interactive games which will include prizes and lots fun! Learn ways to improve your confidence level and overall games. Get better this summer at Halftime Sports/City of Milton "Hoops City" Basketball Camps Camp Dates May 29 —June 1, 2018 (Drillz & Skillz) June 4-8, 2018 (Dale Ellis Shooting Camp) June 11-15, 2018 (Hoops 2 Dunk Cancer Camp) July 9 —13, 2018 (1,000 Shots Club Camp) July 16 — 20, 2018 (Starting 5 Camp) Location: Hopewell Middle School Boys & Girls 5-15 Cost: $100 - $150 Campers: 50 per camp [VI I L i l 1i\* S unday Fall Basketball "Great Preparation for Winter hoops programs" The Spalding -Halftime Sports SUNDAY FALL Development Basketball Program (presented by City of Milton) is for players who want to improve their overall game in a controlled, game -like condition, while being taught and coached the basic fundamentals of basketball in a fun environment. The Halftime Sports/City of Milton Sunday FALL Development Basketball Program promotes leadership skills amongst players and promises equal playing time with all players. This uniques hoops vehicle allows a place for players to just , play, be creative and enhance their skills. Our instructors will provide a pre -game development session and then start the games. Players will play in age specific groups and will be assigned teams, which will play every Sunday Night in a organized, professional and safe environment. This will be the best, exciting overall development of basketball a player can receive during the Fall season. If your player wants to play better in his/her rec league or feeder team, then this is for Him/Her! When: Sunday Afternoon Dates: August 12 — September 30, 2018 (7 Exciting Weeks, excludes Labor Day) Times: (Each age group will play at a pre determined time slot for one hour each week) 2:00 K — 2-d; 3:00 3� — 4th; 4:00 51h— 6th; 5:00 7th -8,h; 6:00 High School Location: Hopewell Middle School, 13060 Cogburn Road, Alpharetta, GA 30004 Age Groups: 1st — 9th Boys/Girls (Players will play in age specific groups) Maximum Players: 70 total Cost: Only $175 per player (for 7 exciting weeks) w-\vw.hal frimesj2orts.lie t (Click on City of Milton link) TO: FROM: AGENDA ITEM: MEETING DATE: MIL30NIP ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM City Council DATE: March 13, 2018 Steven Krokoff, City Manage Approval of a Contract Extension for a Professional Service Agreement to Provide Medical Direction to Milton Fire -Rescue Monday, March 19, 2018 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (1APPROVED (J NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: (eES () NO CITY ATTORNEY REVIEW REQUIRED: Q, ES () NO APPROVAL BY CITY ATTORNEY: („ 4PPROVED (J NOT APPROVED PLACED ON AGENDA FOR: (' 31 "J) ze" 01 2006 Heritage Walk Milton, GA P: 678.242.2500 1 F: 678.242.2499 infoQcityofmiltonga.us I www.cityofmiltonga.us 0000 To: Honorable Mayor and City Council Members From: Robert Edgar, Fire Chief Date: Submitted on March 12, 2018 for the March 19, 2018 Regular Council Meeting Agenda Item: Approval of a Contract Extension for a Professional Service Agreement to Provide Medical Direction to Milton Fire-Rescue __________________________________________________________________________________ Project Description: In order to provide EMS response in the city, our EMTs and Paramedics are required to practice under direction and license of a medical doctor. We have been working under the medical direction of Emergency Care Medical Group, PC since January, 2013. This professional services contract allows that service to continue and thereby allows our firefighters to continue to provide emergency medical care to the citizens. Based on the original contract, the city needs to re-bid the contract. This extension will cover the time required to formally issue a new multi-year contract for medical direction. This project is already funded in the Fiscal Year 2018 Maintenance and Operating Budget (100-3510-521200003). The cost for the extension is $15,000 ($5,000 quarterly) and is consistent with the currently contracted price for the service. Procurement Summary: Purchasing method used: Professional Services Account Number: 100-3510-521200003 Requisition Total: $ 15,000.00 Vendor DBA: Emergency Care Medical Group, PC Financial Review: Bernadette Harvill March 14, 2018 Alternatives: The only alternative to this extension and the ultimate re-bid of the services is to cease providing medical care to the community. Legal Review: Ken Jarrard, Jarrard & Davis, LLP February 9, 2018 Concurrent Review: Steve Krokoff, City Manager Attachment(s): Proposed agreement, Enabling resolution HOME OF ' Ntt ESTABCI s i i E a W CONTRACT EXTENSION FOR PROFESSIONAL SERVICES AGREEMENT MEDICAL DIRECTION WHEREAS, the City of Milton, Georgia, and Emergency Care Medical Group, P.C. ("ECMG"), have entered into a Professional Services Agreement (the "Agreement") dated the 28th day of January, 2013 incorporated herein by reference and attached hereto as Exhibit l; and WHEREAS, the City's Purchasing Policy authorizes professional services contracts of $50,000.00 or less to be procured without competitive quotations or bids; and WHEREAS, the City desires to procure additional professional services from ECMG; and WHEREAS, the prior Agreement will serve as the base contract for the additional one year of service; NOW THEREFORE, the parties agree to amend the Agreement as follows: 1. Section 5 is amended by extending the termination date to September 30, 2018. 2. A new Section 18 is added with the following text: Ethics Code; Conflict of Interest. Consultant agrees that it shall not engage in any activity or conduct that would result in a violation of the City of Milton Code of Ethics or any other similar law or regulation. Consultant certifies that to the best of its knowledge no circumstances exist which will cause a conflict of interest in performing the Work.. Should Consultant become aware of any circumstances that may cause a conflict of interest during the Term of this Agreement, Consultant shall immediately notify City. If City determines that a conflict of interest exists, City may require that Consultant take action to remedy the conflict of interest or terminate the Agreement without liability. City shall have the right to recover any fees paid for services rendered by Consultant when such services were performed while a conflict of interest existed if Consultant had knowledge of the conflict of interest and did not notify City within five (5) business days of becoming aware of the existence of the conflict of interest. Consultant and City acknowledge that it is prohibited for any person to offer, give, or agree to give any City employee or official, or for any City employee or official to solicit, demand, accept, or agree to accept from another person, a gratuity of more than nominal value or rebate or an offer of employment in connection with any decision, approval, disapproval, recommendation, or preparation of any part of a program requirement or a purchase request, influencing the content of any specification or procurement standard, rendering of advice, investigation, auditing, or in any other advisory capacity in any proceeding or application, request for ruling, determination, claim or controversy, or other particular matter, pertaining NA 1 LTO NV 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. 3. A new Section 19 is added with the following text: 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_ 4. A new Section 20 is added with the following text: Employment of Unauthorized Aliens Prohibited. 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; or (3) In accordance with O.C.G.A. § 13-10-91(b)(5), if Consultant currently has no employees and does not intend to hire any employees for purposes of satisfying or completing the terms and conditions of this Agreement, Consultant shall provide a copy of Consultant's state issued driver's license or state issued identification card in lieu of providing an E -Verify affidavit. 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 ! l 1 rroNlr provide such an affidavit because it is licensed and in good standing as noted in sub - subsection (2) above, or provided City with the appropriate state issued identification as noted in sub -subsection (3) above. Further, Consultant hereby agrees to comply with the requirements of the federal Immigration Reform and Control Act of 1986 (IBCA), P.L. 99- 603, O.C.G.A. § 13-10-91 and Georgia Department of Labor Rule 300-10-1-.02. In the event Consultant employs or contracts with any subcontractor(s) in connection with the covered contract, Consultant agrees to secure from such subcontractor(s) attestation of the subcontractor's compliance with O.C.G.A. § 13-10-91 and Rule 300-10-1-.02 by the subcontractor's execution of the subcontractor affidavit, the form of which is attached hereto as Exhibit "E", which subcontractor affidavit shall become part of the Consultant/subcontractor agreement; or evidence that the subcontractor is not required to provide such an affidavit because it is an individual licensed and in good standing as noted in sub -subsection (2) above; or, in the case of a sole proprietor subcontractor, a copy of subcontractor's state issued driver's license or state issued identification card as noted in sub -subsection (3) above. Consultant agrees to provide a completed copy of the above -required materials to City within five (S) business days of receipt from any subcontractor. Where Consultant is required to provide an affidavit pursuant to O.C.G.A. § 13-10- 91, the City Manager or his/her designee shall be authorized to conduct an inspection of Consultant's and Consultant's subcontractors' verification process at any time to determine that the verification was correct and complete. Consultant and Consultant's subcontractors shall retain all documents and records of their respective verification process for a period of five (5) years following completion of the contract. Further, where Consultant is required to provide an affidavit pursuant to O.C.G.A. § 13-10-91, the City Manager or his/her designee shall further be authorized to conduct periodic inspections to ensure that no City Consultant or Consultant's subcontractors employ unauthorized aliens on City contracts. By entering into a contract with City, Consultant and Consultant's subcontractors agree to cooperate with any such investigation by making their records and personnel available upon reasonable notice for inspection and questioning. Where Consultant or Consultant's subcontractors are found to have employed an unauthorized alien, the City Manager or his/her designee may report same to the Department of Homeland Security. Consultant's failure to cooperate with the investigation may be sanctioned by termination of the Agreement, and Consultant shall be liable for all damages and delays occasioned by City thereby. Consultant agrees that the employee -number category designated below is applicable to Consultant. 500 or more employees. 100 or more employees. �L 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 G.C.G.A. § 13-10-91, Consultant will secure from the subcontractor(s) such subcontractor(s') indication of the above employee -number category that is applicable to the subcontractor. The above requirements shall be in addition to the requirements of state and federal law, and shall be construed to be in conformity with those laws. 5. A new Exhibit D is added with the text attached hereto as Exhibit 2. b. A new Exhibit E is added with the text attached hereto as Exhibit 3. IN WITNESS WHEREOF, the parties have caused this Contract Extension to be executed by their duly authorized officers as of the day and year set forth next to each signature. [SIGNATURES ON FOLLOWING PAGE] 4 CONTRACTOR: rgeney Medical Care Group, Y.C. 00 By: 11-1114 J r Print Name: IZ� r � 1114 C- d Its: PresidentlVice President (Corporation) Date: 3 /s / t jF- [CORPORATE SEAL] Print Name: GJ Its: ((Assistant) Corporate Secretary if CITY OF MILTON, GEORGIA Joe Lockwood, Mayor [CITY SEAL] Date: Attest: Print Name: Sudie Gordon Its: City Clerk Approved as to form: City Attorney NOTARY PUBLIC Forsyth County Stafe of Georgia nm. Expires Jan. Z 2020 5 Exhibit I M I LIDE1.), City of `Milton PROFESSIONAL SERVICES AGREEMENT MEDICAL DIRECTION i�r This Agreement made and entered into thi5Z F day of JAIV try , in the year. 201.3; by and between The- City of. Milton, Georgia (sometimes. referred to: herein as the. "City"), having its principle place of business at 13000 Deerfield Parkway Suite 107G, Milton GA 30004 and Emergency Care Medical Group, P.C. C'Consultant") Having its principle place of business at 1451 Windermere Crossing,.Curnming, GA. 30041. WHEREAS, the. City of Milton requires certain professional medical direction services; and WHEREAS, the City's Purchasing Policy authorizes the procurement of professional services contracts of $30,400.00 or Iess; and WHEREAS, the City has. determined that : this Agreement involves such professional services; NOW THEREFORE; in consideration of the mutual . covenant and promises..contained herein, the parties agree as follows: L0 Scope. of Work; Compensation The Consultant agrees to provide all :Services specified in Exhibit "A," attached hereto and incorporated herein by reference, for the compensation described therein such Services shall he provided by Ear_ Mussell Mitchell .(' IVMedical Director")_ No .payments will be made. for unauthorized work. Invoices should be submitted to Rick Pearce, 13000 Deerfield Parkway, Milton. GA 3.0004, for approval. Payment will be sent to the designated address by U. S. Mail only;.payment will not he hand -delivered. City agrees to pay Consultant for theservices performed and costs incurred by Consultant upon the City's certification that the services were actually performed and costs actually incurred in accordance with this Agreement. Compensation for services performed and, if applicable, reimbursement for costs incurred shall -be paid to Consultant upon the City's receipt and approval of an invoice, submitted upon completion of the Work,. setting forth in detail the services performed and costs incurred. Invoices shall reflect. charges incurred versus charges budgeted. The total amount paid under this Agreement for the Work shall not, in any case, exceed a $5;000.00 quarterly fee not to exceed $20,000.00 annually (the "Contract Price") without prior written approval from the City. Consultant shall take no calculated .risk in the performance of.the Work. Specifically, Consultant agrees 'ihat in the event it cannot perforin the Work within the budgetary limitations established. without disregarding sound principles of .Consultant's industry, Consultant will give written notice thereof immediately to the City: 2.0 Independent Contractor 2.1.. The Consultant is. an independent contractor. The Consultant is not. an employee, agent .or representative of the City of Milton. The Consultant shall obtain and maintain,at the Consultant's expense, all :permits, license .or approvals that may be necessary for the performance of the services. 2.2 Inasmuch as tate City of Milton and the Consultant are entities independent of one another, neither has the. authority to bind theother to any third person or .otherwise to act in any way as the representative.of the -other, unless otherwise expressly agreed: to.in writing signed by both parities. hereto. The. Consultant agrees not to represent"itself as the City's agent .for any purpose to any party or to allow any employee of the 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, The Consultant shall assume full liability for any contracts or agreements the Consultant enters into on behalf of. the City of Milton without the express knowledge and prior written. Consent of the City. 3.0 Indemnification The Consultant covenants and agrees to take and assume all responsibility for the services rendered in connection with this Agreement. The Consultant shall bear all .losses .and damages directly or indirectly resulting to it on: account of the performance or character of the services rendered pursuant to this. Agreement. Consultant shall defend, indemnify and hold harmless the City, its officers, boards, commissions, elected and appointed officials, employees and agents from anis against any .and all claims, suits, actions,. liabilitY,judgments, damages, losses, and expenses, including but not. limited to, attorney's fees, which may be the result of willful, negligent or tortuous conduct arising out of the Mork, performance of contracted services,or operations by the Consultant, any sub-consultarit, anyone directly or indirectly employed by the Consultant or sub -consultant or anyone for whose acts the Consultant or sub -consultant may be liable,. regardless of whether or not the offending act is caused in part by a partyindemnified hereunder. Such obligation shall not be construed to negated abridge, or otherwise reduce any other right or obligation. of indemnity which would otherwise exist as to any party or person described iri this provision. In any and .allclaims against. the City or any of its agents or employees, by any employee: of the Consultant, any sub -consultant; anyone directly or indirectly. employed. by the Consultant or sub -consultant or anyone for whose acts the Consultant or tub - consultant may be liable, the. 'indemnification obligation set forth in this provision shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the Consultant .or any sub -consultant under workers' or workmen's compensation acts, disability .benefit acts or other employee benefit acts. This obligation .to indemnify and defend the City, its members, officers, agents, employees and volunteers shall survive termination of this Agreement. 4.4 Insurance The Consultant shall have and maintain in full force and effect; for the duration of this Agreement, insurance as shown on Exhibit "B," attached hereto and incorporated herein by reference. 5.0. Term; Termination The term of this Agreement shall begin on the date of execution and shall terminate without any additional automatic renewal on December 31, 2017, provided that,. as required by O.-C.G.A.§ 367:60-13, this Agreement shall terminate absolutely and without further ohIigation on the part of the City on December 31 of each. calendar year of the term, and further, that this Agreement shall automatically renew. on January I of each subsequent calendar year absent the City's provision of written notice of non -renewal to Consultant at least thirty (30) 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 the City.. The City may terminate this Agreement upon a breach of any provision of this Agreement by Consultant and Consuultarnfs subsequent failure to cure such breach. within fifteen (15) days of receipt from the City of a written notice of the breach. This Agreement may be terminated for convenience upon at least ninety (90) days advance written notice of termination. provided by Consultant to the City .or at least thirty (30) days advance written notice of termination provided by the City to Consultant.. 6.0 Compliance with All Laws. and Licenses: The Consultant must obtain all necessary licenses and comply with all applicable local, state and federal requirements. The Consultant shall comply with all applicable .laws,. miles. and regulations of any governmental entity pertaining to its performance under this Agreement. The parties agree to comply with the applicable,.provisions of the Administrative Simplification section of the Health Insurance Portability and Accountability Act of 1996,. as codified at 42 U.S.C. § 1324d through d-8 ("HIPAX ), and the requirements of any regulations promulgated there under including Without limitation the federal privacy .regulations as contained in 45 CFR. Part 164 (the "Federal Privacy Regulations'),..the federal security standards as.contained in 45 CFR Part:.142 (the "Federal Security Reguulatione'), and any other applicable federal or state laws and regulations. Consultant adheres to the privacy and security rules outlined in the federal Health Insurance Portability and Accountability Act (HIPAA) Act of 1996. 7.0 Assignment The Consultant shall not assign or subcontract the whole. or any part of this Agreement without the City of Milton's prior written consent. 8.0 Amendments in Writing No amendments to this Agreement shall be effective unless it is in writing and signed. by duly authorized representatives of the parties:. 9.0 Expertise of Consultant Consultant. accepts the relationship of trust and confidence established between. it and the City, recognizing that the City's intention and propose in entering into this Agreement is to engage an entity with the requisite capacity, experience, and professional skill and judgment to provide. the services in pursuit of the timely and competent completion of the Work undertaken by Consultant under this Agreement. 10.0 Governing Law This:Agreement shall be governed in all respects by the -laws of the State. of Georgia. 11.0 Interpretation of.Documents In the. event of a conflict in language between this Agreement and any exhibit to this Agreement, the provisions most favorable to the City shall govern. 12.0 Entire Agreement This Agreement constitutes the entire Agreement between the parties with respect to... the subject matter contained herein; all prior agreements, representations, statements, negotiations,. and undertakings are suspended hereby; Neither party has relied on any representation, promise, nor inducement not contained herein. 13.0 Waiver of Agreement The City's failure to enforce any provision of this. Agreement or the waiver in a particular instance shall not be construed as a..general waiver of any future breach or default. 14.0 Sovereign Immunity Nothing contained in this Agreement shall be construed to be a waiver.of the City's sovereign. immunity or any. individual's qualified good faith or official immunities. 1.5.0 Notices All other notices, wdtings:or correspondence as required by this Agreement shall be inwriting and shall be deemed received, and shall be effective, when.: (1) personally del.iverc.d,. or (2) on the third day after the postmark date when mailed by certified mail, postage prepaid, return receipt requested, or (3) upon actual deliverywhen sent via national overnight commercial carrier to the Parties at the addresses given below, unless a substitute address shall first be furnished to the other Parties by written notice in accordance herewith: NOTICE TO THE CITY shall be sent to: City Manager: City of Milton 13000.Deerfield Parkway, Suite 107F Milton; Georgia 30004 NOTICE TO THE CONSULTANT shall be sent to: Russell Mitchell, NM 105.1 Windermere Crossing Cumming, GA. 30041 16.4 No Fersonal Liability No member,. official or employee of the City shall be personally liable to the Consultant or any successor in interest in the .event of any default or breach by the City or for any amount which may become due to the Consultant or successor or on any obligation under the terms of this Agreement. Likewise, Consultant's performance of services under this Agreement shall riot subject Consultant's individual employees, officers or directors to any personal liability. The Parties agree -that their sole and. exclusive remedy, claim,. demand .or suit .shall be directed arid/or asserted only against Consultant or the City, respectively, and not against any erniployee, officer, .director, or elected or appointed official. 17.0 SAVE Pursuant to O'C.G.A. § 50-36-1, the City must obtain a SAVE Affidavit. and a secure and verifiable. document evidencing the Consultant's legal status in the Country each time that Consultant obtains a public. beriefit,.including any contract,. from .the :City. Consultant Hereby verifies drat it has, prior to :executing this Agreement, executed a SAVE Affidavit. (to be sworn under oath: under criminal penalty of false swearing. pursuant to D_C.G.A. §. 16-10-71);.a.farm of which is attached hereto as Exhibit. "C", and submitted such affidavit to: the. City in person, electronically, or by mail. Further, Consultant verifies that ithas; prior to executing this Agreement, submitted: a. secure. and verifiable document, evidencing the Consultant's legal status, to the City either in person or electronically. (in compliancewith. the Uniform Electronic Transactions Act). Consultant verifies. that it is in compliance with the Residency Status of an Applicant for Public Benefit, as. required by the. Georgia Security and Immigration Compliance Act (O.C.G.A. § 50-3671). TN WITNESS WHEREOE,.the.parties hereto have caused this Agreement to be duly executed by their duly authorized officers as of the day and year set forth next to each signature. EMERGENCY:CAM MEDICAL GROUP, P.C.: Signature.; Russelt:Mitche , President SIGNED, SEALED, AND DELIVERED [AFFIX CORPORATE SEAL] in the presence of Attest:. 1 "' uw Dordianfaiie T. Mitchell, Secretary .A Notary Public I - Artit#SA SATTffiMFI&C (NOTARY SEAL] Hem ktAtc Fcrq ti COUMV My Commission Expires• State at ti9oryia !dy Commheivi Expires hn 8.2{ltl3 SIGNED, SEALED,.AND DELIVERED. i e prese of:. mess Notary Public [NOTARY SEAI,1 My Commission Expires: �0%%61tot11PAr. e� AMv �s 5 ,.. CoO iP � � 07 �+-% b o i pyo CLIC E NTY,rG� t�4. EXIMIT «A„ SCOPE OF WORX The Consultant shall implement and provide the. Following services; :and the City shall comply with the applicable requirements set forth below: SubstituteMedical Director. If the Medical Director performing services hereunder is unable to provide the services described herein .(whether due to loss of.his/her license topractice medicine in the State of Georgia: or loss of his/her DEA .license or for any other reason and whether for an interim or extended period of Lime) then the Consultant in order to provide continuous service under this Agreement shall provide a substitute Medical Director; who shall be :a physician, licensed in the State of .Georgia'to practice medicine and board certified or board eligible in Emergency Medicine .and. who shall be acceptable to the City: The Consultant shall provide the.City a minimum of 30 days notice, of such a contemplated replacement and of the identity and credentials of any proposed substitute Medical Director. If any such replacement Medical Director is not acceptable to the City,. then notwithstanding anything. to the contrary herein, the City may automatically terminate this Agreement. The City shall supply and. maintain at no cost to the Consultant equipment essential for the performance of emergency medical dispatch sufficient to enable. the. Medical Director to perform services hereunder at the level consistent with thenational standards established in the emergency medical dispatch community.. Recommendations of the Medical Director .far purchase other acquisition of such equipment will be given reasonable consideration by theCity. The .City with provide the Consultant all needed expendable: supplies, small tools and accessories required in the provisions:of services; however, the final decision on any request to purchase such supplies, small tools and accessories with be that of the City. Tlie City agrees to pay expenses related to costs incurred by Consultant for providing DEA services_ This .expense would be cost. of obtaining an additional DEA .certificate. if required. Services.. The. Consultant shall:implement and provide the following services: a) 'establish and monitor compliance and field performance. guidelines for EMS personnel; b) establish and monitor compliance with training guidelines which. meet. or exceed the minimum standards set forth in the state of Georgia; c) develop, implement, and :revise. protocols and/or .standing orders, if appropriate, governing pre -hospital. care. and medical aspects of patient triage, transport, transfer, dispatch, extrication, rescue, and radiotelephone -telemetry communication.by EMS; d) direct an effective system audit..and quality assurance program; e) participate in monthly meeting reviewing. summarized statistics of EMS runs to guide. changes in EMS protocols, hiring standards, orientation, and.further training; f) monthly review of all audited PCR's resulting from review of all PLR's g) make formal recommendations on medically related aspects of the operation of the EMS;. h). function. as the primary liaison between the EMS administration and the local medical community, ascertaining. and being .responsive to the needs of each; i) take or recommend appropriate remedial or corrective measures for EMS `personnel; in conjunction with local EIVfS administration,. which may include but are not limited. to counseling, retraining, testing, probation, and/or field preceptorship; D establish criteria for selection of a patient's destination; k) develop and iimplement a mechanism for management of patient. care incidents, including patient complaints, allegations of substandard care, deviations from established protocols and patient care standards; 1.) may respond on scene to observe and assist direct patient care delivered .by EMS; m) give on line medical direction when requested and as indicated;. n) provide timely review an& consultation with regard to medicalrecords; and o) maintain all medical licensure and certifications in good order. CERTMC?LT91 Or- INiSiUtANCE Il+UG. A I"tual.Insur-ante Company Certificate issa d to: } 'Vainc anu MuffiJag address of insured: Russell K. l'litcheII , .MD P.O. Box 421309 Atlanta, GA130342 This is to certify: d=-VAG..MuI" ensu mce Comp=y has issued a ckdms=ugjdc?bysk:ians -and Surg am Pr()fc9si0unl LI ility.Pi>I> ey to Unc insured listed abovc, 5uhjcri to tbe pmid = of We ==I palm contract anti any endorwmenm Polky Number: 1 Effectire.Date.: Evpiradon hate. P51.08554�2115 11.017.2013 11.0112014 11 mhs Each loss A.=erate i;mit Retroactive Date:. 1,000,000/ =i TOTAL LIMITS! 1.000,000/ 3,000.000 This docruncnt is isqred as a matter of information only and confers mo ri�hts upon thc.docurrient holder. This 4CU![IC]ei docs un# an�cnd cllcluJ, ar 81tCr lleC ro.s [crxns : cxclu5iaus, canditious, txC [TLtICr prop isiueis uffpnir.E by rhe policies mferenced..heieiv. Pic= ui[iuirc dircc 1Iv %iLh titr bisumd.far ftWiJidual:Tcsiriekivc cndrerse'=115 I.haa-=n apply. Jn iiic CVGIII at earuaeliaf'iori of the dC5cribed policy. i4srlC.iviutt>ai.hill maize.reasanabie.effon ra notify the.pnh)} ,rr wlwse requeM this eertific= NY" issued_ but MAG Nlutu it stroll uotbe IiAlix itt>aiey xvui For Uwe to � -vC. SIT Ch uatice Auihwir_ed step dative. December 21,..2012: ews rv. diw NIA ,i Insurruve Company F6 Hae 52979 A laa(.-,:GA 3015ti1i979 Pagr � .,ra EXHIBIT "C SAVE AFFIDAVIT O.C.G.A...§:5[1-36-1(e)(2) Affidavit 13Y executing this affidavit under oath, as an applicant for a public benefit, as referenced in O.C.G.A..§ 50-36-.1, from .the City. of Milton, Georgia, the undersigned applicant verifies oneof the following with respect to my application for a.public benefit: 1} I.am a United States citizen. 2) I'am A. legal permanent residen(of the United States. 3).. I ama qualified alien or non-immigrant under the Federal Immigration and Nationality Act with an alien number issued by the Department of Homeland Security or other federal immigration agency. My alien number issued by the. Department of Homeland Security or other federal immigration agency is: The undersigned applicant also hereby verifies that .he or she is 18 years of age or.older and has provided at least one secure and verifiable document, as required by O.C:G.A. § 50-364(e)(1); with this affidavit. The secure and .verifiable document provided_ with this affidavit can best be classified. as: In making the:above representation under oath, I understand that:any person w.ho knowingly and Wiilifutly makes a Case, fictitious, or fraudulent statement or representation in an affidavit shall be:guilty of a violation of O.C.G.A.:§.16-10-20, and face criminal penalties as allowed by such criminal statute. Executed in.. Lmmrn.%.(city), (state). Signature of Applicant Printed Name of Applicant Subscribed and swornbefore me on 6s theday.tlf .�t3� ; 20A N TARP PUBLIC. [NOTARY STAMP] My Commission Expires: =I. tt . AW 0 wilh y uF MOM, r%N'A' 1. rx STATE OF COUNTY OF Exhibit Z 4=ON TRACTOR AFFIDAVIT AND AGREEMENT Uy executing tktis of idavit, the undff&gncd eoixtraotor wrifics its oompliarrcc with O.0 -G -A- § 13-I0-41, staling affirttt JwEv Ihal the indivkkal, fu7t or corpjraiiun which M i�npVd in the }443ysic:al perf wTnancA 43f services W behalf oftI& Qtv ofMiEtonL C ,, a has re.sLererl with is authcrriz�:d h) use and oars the fed=1 wcKk aulhon'7 tic11 prugram cnon only known ar, F-Vcrify, or any siabscqucnt rcplacemcnt prcgam, in amrdance With I he apphcaNc pmvisLcM% and dcadlincr, establialed in 0,C .G. A. § 13-10-93. }urihet c, the undersigned contractor will clontiow to use the fedora] work authorization program throLoout the ncrael period and the undersigned oontraelor will contrast forthe physicat performance ofserwiom isSalisl tioaofsuch -oftIM .E unly with subcontractors whDprrient an affidavit to the contractWr with the intowfflalicn required by O-C.G.A- § 13-10-91(b)_ Contmcu)r he my attc�t- that its fAcm1 work authonza6on user 1deertifica6en number and &Ic of au h. onzw ion arc a� fcllorwr,; I'I -� 9� 3 1 Federal Mork Autho6za6on UgcT I kmtif-c&6vn Number Baro o Authori=ion Emergency C= I cJ diwl C;rr,up, P-C- Na=cif Conbmcicrr ��ott A��mcat Name of ProjecL Citi+ of Milt{m, Gcorgia Acme of Public Employe 1 hereby declare under perky of peri Lary chac the foregoing is true and omoci- ExecuLed nn{ _ 1�.20 fj in it (r -it}), (SW -0- Sim of Audwrir�ed Officer iv Amt -0 r; c u r riaatod Nxw amd -fiflc ofAuthodzc4 Of ii= or ,ens ON TH i -t HIf P. DAYOF NOTARY PUBLIC WAa� U Ew tIALE NUFARY PUBLIC -ors C-Ouniv state of Ce3FOO ExWe!� . 1'0. 202a My Commission Expires; STATE OF COUNTY OF Exhibit 3 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 (name of contractor) on behalf of the City of Milton, Georgia has registered with, is authorized to use and uses the federal work authorization program commonly known as E -Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91. Furthermore, the undersigned subcontractor will continue to use the federal work authorization program throughout the contract period, and the undersigned subcontractor will contract for the physical performance of services in satisfaction of such contract only with sub -subcontractors who present an affidavit to the subcontractor with the information required by O.C.G.A. § 13-10-91(b). Additionally, the undersigned subcontractor will forward notice of the receipt of an affidavit from a sub -subcontractor to the contractor within five (5) business days of receipt. If the undersigned subcontractor receives notice that a sub -subcontractor has received an affidavit from any other contracted sub -subcontractor, the undersigned subcontractor must forward, within five (5) business days of receipt, a copy of the notice to the contractor. Subcontractor hereby attests that its federal work authorization user identification number and date of authorization are as follows: I hereby declare under penalty of perjury that the foregoing is true and correct. Federal Work Authorization User Identification Number Executed on 20 in {city}, (state). Date of Authorization Name of Subcontractor Medical Direction A eement Name of Project City of Milton. Georgia Name of Public Employer 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: RUSSKMW1 JULIERAI ,���►�� CERTIFICATE OF LIABILITY INSURANCE DATE(MMrDD�"`) �— 3�n1 a THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE. CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT. AFFIRMATIVELY .OR NEGATIVELY AMEND, EXTEND OR .ALTER. THE COVERAGE AFFORDED. BY THE POLICItES BELOW. THIS CERTIFICATE .OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING. INSURER( $), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND TIME CERTIFICATE HOLDER. IMPORTANT: if the .certificate holder is an ADDITIONAL INSURED,. the policy(") must have ADDITIONAL INSURED provisions or kid endorsed. If SUBROGATION IS WAIVED, 'subject to the .terms and conditions of.the policy., certain policies. may requirean endorsement. A. statement on this.certificate does not confer rights to the certificate holder in lieu.of such endorsement(s). .PRODUCER j �44rjulle Reiss NFP Property & Casualty Services, Inc. 8201 North. Hayden Road PHONE ►�o,. Eej: 4928} 5.15- I' I . ... 2 ,...E L Scottsdale, A 85258 AOL$$,.l.ralss@nfp.cola ......... _ ... .......... INSURER(S)AFFORDING COVERAGE..... NAIC R..... r NsuaERg;Nautius_Insurance-Comp rY...............................77 .lD ........-.--.. .INSURED. INSURER B Russell K. Mitchell,. MD' dha: Emergency Care Medical INSURER c Group; P.C.-...... _...._..... .........................._...._._...-...._.......-..._...._.. ...._ 1051. WindermereXIN I- INSURER .0..; ....... .........................................................._.........-..........._.......-.._....... .-.... Cumming, GA WWI i,INSURER E:: ........... . . INSURER F: ....-. . COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THfS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED. BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERiOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY. CONTRACT OR OTHER. DOCUMENT Vd1TH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE. INSURANCE. AFFORDED BY TTHE. POL€.CIES DESCRIBED. HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS.AND CONDITIONS.QF.SUC.H POLICIES. LIMITS.SHOWN MAY HAVE BEEN REDUCED BY PAID.unms. .. IN51i ; TYPE 6F INSURANCE ADDLSUBR POLICY NUM PO Y EFF.' ' A{ILICY EXP Ij LIMITS A X'[COMMERCIALGENERAL LFARILIT.Y ... .,......, EACH,OCCURRENCE 5 ......................... .... ......... CLAIM840DE . x: OCCUR EMD100017OP4 '- '• --- - '---...-_€ ; 04/17=17TO RENTED 1 ` DAMAGE , I 0. 4117/2018 :..PRI=M1A-IBES Eaaocurrepcei-...-..l �............... ... ....... ._............................ ............................... - _ i l MED. EXP {Any oiie,psrsan} $::- ... _ .. ..... ...... .. - ......-..-...._............._ .._ PERSONAL &_ApV INJURY; ....i. 5 ............. ... S,.GEN'LAGGREGATELIMIT:APPE_IE$PER: j GENERALAGGREGATE... POLICY 't..... ; JECT ?...... I LDC' --..._.;:5............ ......3,t)t}©;OOQ PRODUCTS-COMPIOP.AGG: _. °.:.._.......... ................. OTHER: $ kllTi7FdOBILE LIABiLrfY j I �........;. I MBI NGLE Li I J ! Cn NE6 51 M1T ; ....-... i jEaaccident�_.-....:.. ' $ _ ...... .............. ANY AUTO s BODILY INJURY. Per.persgn) $ OWNED[ SCHEDULED -r ._...- .-......_.._-..._._._........ _ AUTOS ONLY: I....{ AUTOS BODILY. INJURY {Peraecognt} 1S .................................. . H �RREQ AIO ot�Cg.{e..r.acadePt}: P OPERTY DAMAGE .-.-...; ALI.TOS ONLY _._ .- ... ....... `.$ .............................. .... UMBRELLA LLAB ? ; OCCUR :EXCESS LIAB ; .CLA1MS-MAI)E: :- ...-.� ............ .... .-...............€.. ._:..... ....... ....-....� AGGREGATE ; .........-....................... ;. $ ........ _.- ..... ... ..... .... ...... DEO RETENTIONS ;WORKERS COMPENSATION•` [AND EMPLOYERV LIABILITY t ' PER : DTH - ER.......t...._..........._-...._.........-..... YIN_......€ IM OR EXCTLNLRt ECLITIVE. s .....I (NIA '. E:L EACH ACCipEN_T_ $ 'ANFICER� landatary9in �€I€ :. .......... ....................... ... E DISEASE EA EMPLOYEE. $ II s, describe under yyee -L: - .. ...-. ...... . ......... ........... ... z I DESCRIPTION OF OPERATIC NS beloW ' E.L. E7ISEASE - POLICY LITdIT I A ;Professional Llab. EMD100017BP4 04117120.17 04/17/2018 ;Each Claim 1,000,000 A ;Professional Llab EMD1040178P4 04/17/2017 [ W7/2018 ?Aggregate 3;0041000 DESCRIPTION OF OPEnATioN51 LOCATIONSI VEHICLES .(ACORD 101, Additional Remarks Schedule, maybe attached It more Space Is required) City of Milton Fire Department 750 Hickflry. Flat: Road Milton,. GA 30084 SHOULD. ANY OFTHE ABOVE DESCRIBED POLICIES BE CANCELLF-E) BEFORE THE EXPIRATION' DATE THEREOF, .NOTICE WILL BE DELIVERED. IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ACORD 25 (2016103) ©.1988-201.5 ACORD CORPORATION, All rights reserved. The.ACORD name and logo are registered marls of ACORD. NE MILTON'Ilr6 ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: March 9, 2018 FROM: Steven Krokoff, City Manager (� AGENDA ITEM: Consideration of RZ18-01 - 2915 Webb Road - To rezone from T-4 Open to T-5 to develop a 105,170 square foot self -storage facility on 3.339 acres by Piedmont Atlantic Capital, LLC. MEETING DATE: Monday, March 19, 2018 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 (,�INO CITY ATTORNEY REVIEW REQUIRED: () YES (,kNO APPROVAL BY CITY ATTORNEY: () APPROVED (J NOT APPROVED PLACED ON AGENDA FOR: v3/1 ilk/8 2006 Heritage Walk Milton, GA P: 678.242.25001 F: 678.242.2499 info@cityofmiltonga.us I www.cityofmiltonga.us 0000 Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on March 19, 2018 (First Presentation on March 5, 2018) *Based on the Revised Legal Description and Letter of Intent received on February 12, 2018. 3/1/2018 Page 1 of 19 RZ18-01 PETITION NO. RZ18-01 PROPERTY INFORMATION ADDRESS 2915 Webb Road DISTRICT, LAND LOT 2/2 1048 OVERLAY DISTRICT Deerfield Form Based Code EXISTING ZONING T-4 Open Transect Zone PROPOSED ZONING T-5 Transect Zone ACRES 3.286* EXISTING USE Vacant office in a single family residence PROPOSED USE Self Storage Facility PETITIONER Piedmont Atlanta Capital, LLC ADDRESS PO Box 767127 Roswell, GA 30076 REPRESENTATIVE Ethan Underwood Miles Hansford & Tallant, LLC 202 Tribble Gap Road, Suite 200 Cumming, GA 30040 COMMUNITY DEVELOPMENT RECOMMENDATION – FEBRUARY 28, 2018 RZ18-01 – APPROVAL CONDITIONAL INTENT To rezone from T-4 Open to T-5 to develop a 103,509 square foot self-storage facility on 3.286 acres*. Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on March 19, 2018 (First Presentation on March 5, 2018) *Based on the Revised Legal Description and Letter of Intent received on February 12, 2018. 3/1/2018 Page 2 of 19 RZ18-01 PLANNING COMMISSION RECOMMENDATION – FEBRUARY 28, 2018 RZ18-01 – APPROVAL CONDITIONAL – 6-0 The Planning Commission also recommended that the development provide a four-board equestrian style fence along Webb Road or as approved by the City Architect. Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on March 19, 2018 (First Presentation on March 5, 2018) *Based on the Revised Legal Description and Letter of Intent received on February 12, 2018. 3/1/2018 Page 3 of 19 RZ18-01 LOCATION MAP Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on March 19, 2018 (First Presentation on March 5, 2018) *Based on the Revised Legal Description and Letter of Intent received on February 12, 2018. 3/1/2018 Page 4 of 19 RZ18-01 CURRENT ZONING MAP Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on March 19, 2018 (First Presentation on March 5, 2018) *Based on the Revised Legal Description and Letter of Intent received on February 12, 2018. 3/1/2018 Page 5 of 19 RZ18-01 CITY OF MILTON 2035 COMPREHENSIVE FUTURE LAND USE MAP Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on March 19, 2018 (First Presentation on March 5, 2018) *Based on the Revised Legal Description and Letter of Intent received on February 12, 2018. 3/1/2018 Page 6 of 19 RZ18-01 SITE PLAN SUBMITTED ON DECEMBER 27, 2017 Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on March 19, 2018 (First Presentation on March 5, 2018) *Based on the Revised Legal Description and Letter of Intent received on February 12, 2018. 3/1/2018 Page 7 of 19 RZ18-01 Revised Site Plan Submitted on February 12, 2018 Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on March 19, 2018 (First Presentation on March 5, 2018) *Based on the Revised Legal Description and Letter of Intent received on February 12, 2018. 3/1/2018 Page 8 of 19 RZ18-01 Elevation of Proposed Self Storage SUBJECT SITE AND BACKGROUND: The subject site contains 3.339 acres developed with an office converted from a single family residence. There is also a stream that runs north to south along the western portion of the site. It is located on the south side of Webb Road, west of Brickmont Assisted Living Facility. The site is located within the T-4 Open designation of the City of Milton 2035 Comprehensive Plan Map adopted on October 17, 2016. The applicant is requesting an in-fill rezoning from T-4 Open to T-5 to develop a 103,509 square foot self-storage facility within the Deerfield Form Based Code area . SITE PLAN ANALYSIS Based on the applicant’s revised site plan submitted to the Community Development Department on February 12, 2018, Staff offers the following considerations: Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on March 19, 2018 (First Presentation on March 5, 2018) *Based on the Revised Legal Description and Letter of Intent received on February 12, 2018. 3/1/2018 Page 9 of 19 RZ18-01 DEVELOPMENT STANDARDS – T-5 Deerfield Form Based Codes Development Standards Proposed Development Lot Width – 18 ft. minimum 380 feet Lot Coverage 80% maximum 38.5 % Frontage Buildout – 50% minimum Approximately 60% Front Setback – 2 ft min – 15 ft max 15 feet Side Setback – 0 ft. min 8 feet Rear Setback – 3 ft. min 240 feet Building Height – 4 stories 4 stories PUBLIC FRONTAGES AND BUFFERS The Deerfield Form Based Code requires that along Webb Road, a minimum of 28 feet is required for curbs, walkways, Planters and landscape. The site plan indicates compliance with a 5 foot landscape strip, 10 foot sidewalk, and curb. The site contains a perennial stream that runs south to north which requires a 50 foot undisturbed buffer and 25 foot non-impervious setback from the bank of the stream. It is located on the western portion of the site and the site plan shows compliance with the requirements. Staff notes that there are pervious pavers for a portion of the parking spaces to meet these requirements for a portion of the non-impervious setback. OTHER CONSIDERATIONS The applicant is requesting to rezone from T-4 Open to T-5. Below is a chart comparing the by-right and additional Transfer of Development Rights (TDRs) that are allowed for each transect zone. PARKING This application was submitted prior to the revised parking requirements approved by the City Council on January 29, 2018. The required parking for a self-storage is 1 per employee plus 1 per 5,000 square feet. The operation will have 2 employees plus 21 parking spaces for the 103,509 square feet for a total of 23 parking spaces. The site plan indicates a total of 23 parking spaces. Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on March 19, 2018 (First Presentation on March 5, 2018) *Based on the Revised Legal Description and Letter of Intent received on February 12, 2018. 3/1/2018 Page 10 of 19 RZ18-01 Allowed Density based on 3.286 acres by Transect Zone (Each unit equals 2,250 square feet.) Transect Zone By Right Base Units/Density Additional Max TDRs Max Density Max Height Allowed T-4 Open 5 units 4 units 9 units 4 stories 36,967 sq. ft. 29,574 sq. ft. 66,541 sq. ft. T-5 9 units 5 units 14 units 4 stories 66,541 sq. ft. 36,967 sq. ft. 103,508 sq. ft. The applicant has been working closely with the City Architect to design the building to be in keeping with the Deerfield Form Based Code as well as with surrounding developments. In addition, the proposed development and associated site plan indicates compliance with the Deerfield Form Based Code Article 2.2 Infill Regulating Plan Requirements. ENVIRONMENTAL SITE ANALYSIS The Environmental Site Analysis (ESA) report is sufficient and sati sfies the requirement of Sec. 64-2126. The applicant has stated the following: There are no known wetlands, floodplain, slopes exceeding 25 percent, vegetation including endangered species, wildlife species, including fish and endangered species, archeological/historical sites present. There is a stream along the western portion of the property with the appropriate stream buffers and the proposed development will not encroach into the buffers. The specimen trees, as defined in Chapter 60 (according to the tree preservation ordinance prior to February 5, 2018). ARBORIST COMMENTS Based on the tree survey provided by the applicant the tree density is met from the undeveloped portion of site. Recompense required is the following: Removal of 27” pine = 12 units = (18) 4” trees planted or $9,000 dollars. These comments are based on previous tree preservation ordinance. Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on March 19, 2018 (First Presentation on March 5, 2018) *Based on the Revised Legal Description and Letter of Intent received on February 12, 2018. 3/1/2018 Page 11 of 19 RZ18-01 Consider 42” white oak when locating pond. CITY OF MILTON FIRE MARSHAL The proposed site plan meets fire requirements. TRANSPORTATION Trip generation The thresholds for turn lanes are 300 daily left turns in and 200 daily right turns in. The daily distributions are based on 50% entering and 50% exiting trips. Daily Trips - 263 Daily left turns in - 66 Daily right turns in - 66 Building shall be no closer than 50’ from the centerline of Webb Rd. PUBLIC INVOLVEMENT On January 23, 2018 the applicant’s representative was present at the Community Zoning Information Meeting (CZIM) held at the Milton City Hall. There were approximately four people in attendance at the meeting. They were concerned about the density of the development and impact on nearby residential subdivisions. The applicant explained the proposed use as well as provided some sketches of the proposed architecture that had been reviewed by the City. The attendees seemed to be satisfied by the information and were not opposed to the development. PUBLIC PARTICIPATION REPORT The applicant conducted their Public Participation Meeting on February 13, 2018 at 6:30 p.m. at the Bethwell Community Center located at 269 5 Hopewell Road. The applicant and his attorney was present. There was one person in attendance that lives in a nearby residential development. Issues that were discussed were the following: traffic, light pollution, architecture and land use. The applicant explained that there would be on average no more than 4 tenants at a time on the property; lighting would be in compliance with city code; the design of the building was worked on in conjunction with the City Architect and that the proposed use was already permitted for this property. Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on March 19, 2018 (First Presentation on March 5, 2018) *Based on the Revised Legal Description and Letter of Intent received on February 12, 2018. 3/1/2018 Page 12 of 19 RZ18-01 CITY OF MILTON DESIGN REVIEW BOARD COURTESY REVIEW – FEBRUARY 6, 2018 The building design is fine. Be mindful of signage. Height is in character with the adjacent buildings. Standards of Review (Section 64-2104) Planning Staff shall, with respect to each zoning application, investigate and make a recommendation with respect to factors 1 through 7, below, as well as any other factors it may find relevant. 1. Whether or not the proposal will permit a use that is suitable in view of the use and development of adjacent and nearby Property? It is Staff’s opinion that the proposed self-storage facility is suitable based on the adjacent T-5 Transect Zones located directly to the east and south which fronts Highway 9. The stream and its required undisturbed buffers provide a large greenspace between the use and the T-4 Open to the west that is developed with a single family residence. In addition, the Brickmont Assisted Living adjacent to the east is within the T-5 Transect Zone and also was required to purchase TDRs to complete their project. Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on March 19, 2018 (First Presentation on March 5, 2018) *Based on the Revised Legal Description and Letter of Intent received on February 12, 2018. 3/1/2018 Page 13 of 19 RZ18-01 Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on March 19, 2018 (First Presentation on March 5, 2018) *Based on the Revised Legal Description and Letter of Intent received on February 12, 2018. 3/1/2018 Page 14 of 19 RZ18-01 Existing uses and zoning of nearby property Location Parcel Transect Zone / Name Existing Developed North 1 T-4 Open / Undeveloped 30 units Northeast 2 T-5 / Shopping Center 47,300 sq. ft. East 3 T-5/Brickmont Assisted Living 67,000 sq. ft. East 4 T-5 / Morrow Family Medicine 6,000 sq.ft. East 5 T-5 / Wash Fast Car Wash 3,500 sq.ft. Southeast 6 T-5 / North Fulton Feed & Seed 3,900 sq.ft. Southeast 7 T-5 / Mr. Tire 7,800 sq.ft. South 8 T-5 / Nationwide Insurance 4,200 sq.ft. South 9 T-5 / Success Kids Learning Center 4,100 sq.ft. South 10 T-5/ Staton Air Conditioning 13,000 sq.ft. Southwest 11 T-5 / Strathmore Carpets and Pure Reef 11,700 sq.ft. Southwest 12 T-5 / Windward Way Shopping Center 16,600 sq.ft. Further West 13 T-4 Open/ Kensley S/D 65 single family units Further West 14 T-4 Open/Unique Academy 1,700 sq.ft. West 15 T-4 Open/ Single Family Home 1 unit West 16 T-4 Open/ Single Family Home 1 unit 2. Whether the zoning proposal will adversely affect the existing use or usability of adjacent or nearby property? It is Staff’s opinion that the proposed development will not adversely affect the existing use or usability of adjacent or nearby properties if the proposed building is designed to be in keeping with nearby developments such as the Brickmont Assisted Living to the east and commercial developments to the south. In addition, the stream and its required buffers Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on March 19, 2018 (First Presentation on March 5, 2018) *Based on the Revised Legal Description and Letter of Intent received on February 12, 2018. 3/1/2018 Page 15 of 19 RZ18-01 provide a transition to the T-4 Open to the west developed with a single family residence. 3. Whether the property to be affected by the proposal has a reasonable economic use as currently zoned? The subject site may have a reasonable use currently zoned T-4 Open. 4. Whether the proposal will result in a use which will or could cause an excessive or burdensome use of existing streets, transportation facilities, utilities or schools? It is Staff’s opinion that the proposal may not cause a burden on existing streets, transportation facilities, utilities and schools if approved. This is based on the 18 daily trips per day for this use. 5. Whether the proposal is in conformity with the policies and intent of the land use plan? City of Milton 2035 Comprehensive Land Use Plan Map –T-4 Open/ INCONSISTENT Consistent with the following Plan Policy: We support appropriate residential and non-residential infill development and redevelopment in ways that complement surrounding areas. Proposed use/density: Allowed Density based on 3.286 acres by Transect Zone (Each unit equals 2,250 square feet.) Transect Zone By Right Base Units/Density Additional Max TDRs Max Density Max Height Allowed T-5 9 units 5 units 14 units 4 stories 66,541 sq. ft. 36,967 sq. ft. 103,508 sq. ft. Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on March 19, 2018 (First Presentation on March 5, 2018) *Based on the Revised Legal Description and Letter of Intent received on February 12, 2018. 3/1/2018 Page 16 of 19 RZ18-01 6. Whether there are other existing or changed conditions affecting the use and development of the property which gives supporting grounds for either approval or disapproval of the proposal? The proposed development is inconsistent with the Plan Map recommendation of T-4 Open, it is Staff’s opinion that based on the fact that there are T-5 developments to the south and east of the property which is consistent with the proposed development. If the proposed development is approved, additional low density property zoned AG-1 will be preserved by the purchase of Transfer of Development Rights for the subject site. Based on the above reasons, Staff recommends APPROVAL CONDITIONAL of RZ18-01 to the T-5 Transect Zone. 7. Whether the zoning proposal will permit a use which can be considered environmentally adverse to the natural resources, environment and citizens of the City of Milton? Based on the fact that there is only one specimen tree to be replaced and the stream buffer provides additional open space and vegetation, the proposed zoning should not be environmentally adverse to the natural resources, environment and citizens of the City of Milton. CONCLUSION It is Staff’s recommendation that RZ18-01 be APPROVED CONDITIONAL from T-4 Open to T-5 based on the fact that there is T-5 directly to the south and east and the stream buffer provides transition to the T-4 Open to the west. In addition, the proposed architecture is consistent with the size and scale of nearby and adjacent developments. Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on March 19, 2018 (First Presentation on March 5, 2018) *Based on the Revised Legal Description and Letter of Intent received on February 12, 2018. 3/1/2018 Page 17 of 19 RZ18-01 RECOMMENDED CONDITIONS If this petition is approved by the Mayor and City Council, the rezoning of property located on Webb Road, it should be approved for T-5 (Transect Zone) CONDITIONAL subject to the owner’s agreement to the following enumerated conditions. Where these conditions conflict with the stipulations and offerings contained in the Letter of Intent, these conditions shall supersede unless specifically stipulated by the Mayor and City Council. 1) To the owner’s agreement to restrict the use of the subject property as follows: a) Self-Storage Facility. b) No more than 103,508 square feet at a maximum density of 14 units per acre, whichever is less, based on the total acreage zoned. Approved unit totals are not guaranteed. The developer is responsible through site engineering (at the time of application for a Land Disturbance Permit) to demonstrate that the use within the approved development meet or exceed all the development standards of the City of Milton. The total square foot yield of the subject site shall be determined by this final engineering. 2) To the owner’s agreement to abide by the following: a) To the revised site plan received by the Community Development Department on February 12, 2018*. Said site plan is conceptual only and must meet or exceed the requirements of the Zoning Ordinance, all other applicable city ordinances and these conditions prior to the approval of a Land Disturbance Permit. Unless otherwise noted herein, compliance with all conditions shall be in place prior to the issuance of the first Certificate of Occupancy. 3) To the owner’s agreement to the following site development considerations: a) Architecture shall be consistent or similar in design with the elevation with “Elevation A” below and approved by the City of Milton Design Review Board. Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on March 19, 2018 (First Presentation on March 5, 2018) *Based on the Revised Legal Description and Letter of Intent received on February 12, 2018. 3/1/2018 Page 18 of 19 RZ18-01 “Elevation A” 4) To the owner’s agreement to abide by the following requirements, dedication, and improvements: a) All necessary right-of-way and easements for the proposed future construction of the Milton Trail along entire property frontage of Webb Road or construct the 10’ wide concrete trail as part of development with right of way no less than 1 foot behind back of trail. b) All necessary right of way and easements for the future construction of turn lanes, even if turn lanes are not warranted. c) Provide median in place of gore areas created by left turn lane on Webb Road as required and approved by Milton Public Works Department. d) Building or structures shall be no closer than 50’ from the centerline of Webb Rd. Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on March 19, 2018 (First Presentation on March 5, 2018) *Based on the Revised Legal Description and Letter of Intent received on February 12, 2018. 3/1/2018 Page 19 of 19 RZ18-01 5) To the owner’s agreement to abide by the following: a) A stormwater management concept plan shall be submitted and approved by Milton Public Works Department prior to submission of land disturbance application. ORDINANCE NO._______ PETITION NO. RZ18-01 STATE OF GEORGIA COUNTY OF FULTON AN ORDINANCE TO APPROVE AN INFILL REZONING FROM T-4 OPEN TO T-5 WITHIN THE DEERFIELD FORM BASED CODE FOR A SELF-STORAGE FACILITY ON 3.268 ACRES LOCATED AT 2915 WEBB ROAD. BE IT ORDAINED by the City Council for the City of Milton, Georgia while in regular session on March 19, 2018 at 6:00 p.m. as follows: SECTION 1. That the Zoning Ordinance of the City of Milton be amended, so that the following property located at 2915 Webb Road consisting of a total of approximately 3.268 acres as described in the attached legal description , be approved T-5 Transect Zone within the Deerfield Form Based Code for a 103,509 square foot Self Storage Facility with conditions, attached hereto and made a part herein; ALL THAT TRACT or parcel of land lying and being Land Lot 1048 of the 2nd District 2ND Section, City of Milton, Fulton County, Georgia; and SECTION 2. That the Self-Storage Facility listed in the attached conditions of approval, be approved under the provisions of Article XX, Deerfield Form Based Code, T-5 Transect Zone respectively, of the Zoning Ordinance of the City of Milton; and SECTION 3. That the property shall be developed in compliance with the conditions of approval as attached to this ordinance. Any conditions hereby approved (including any site plan) do not authorize the violation of any Transect Zone regulations; and SECTION 4. That all ordinances or part of ordinances in conflict with the terms of this ordinance are hereby repealed; and SECTION 5. This Ordinance shall become effective upon adoption by the Mayor and City Council and the signature of approval of the Mayor. ORDAINED this 19th day of March, 2018. Approved: ______________________ Joe Lockwood, Mayor Attest: ________________________________ Sudie Gordon, City Clerk (Seal) Revised Site Plan Received on February 12, 2018 TO: FROM: M I N•' L. 1 1P FSTABLISHLD 2006 CITY COUNCIL AGENDA ITEM City Council DATE: March 9, 2018 Steven Krokoff, City Manager�z� AGENDA ITEM: Consideration of RZ18-06/U18-01INC18-01- 3505 Bethany Bend - To rezone from 0-1 (Office -Institutional) to 0-1 (Office Institutional), A use permit for a private school (Sec. 64-1831) to increase the size of the existing school from 6,000 square feet to 9,500 square feet and the number of students from 150 to 220 students and a concurrent variance to delete the landscape strip from 20 feet to 0 feet where the existing turnaround is located (Sec. 64-1090(a)) on 2.89 acres by Wisderium, LLC. MEETING DATE: Monday, March 19, 2018 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (,)IAPPROVED (J NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: () YES (,ANO CITY ATTORNEY REVIEW REQUIRED: () YES (-KNO APPROVAL BY CITY ATTORNEY: () APPROVED (J NOT APPROVED PLACED ON AGENDA FOR: 03 11 q/ z o'b 2006 Heritage Walk Milton, GA P: 678.242.2500 1 F: 678.242.2499 0000 infu9cityofmiltonga.us 1 www.cityofmiltonga.us Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on March 19, 2018 (First Presentation on March 5, 2018) 3/1/2018 Page 1 of 18 RZ18-06/U18-01/VC18-01 PETITION NUMBERS RZ18-06/U18-01/VC18-01 PROPERTY INFORMATION ADDRESS 3505 Bethany Bend DISTRICT, LAND LOTS 2/1 973 and 974 OVERLAY DISTRICT State Route 9 EXISTING ZONING O-I (Office-Institutional) - RZ15-14/U15-04/VC15-03 PROPOSED ZONING O-I (Office-Institutional) ACRES 2.89 EXISTING USE Montessori School PROPOSED USE Expand existing school and number of students PETITIONER/OWNER Wisdarium LLC – Biju Eappen ADDRESS 3505 Bethany Bend Milton, GA 30004 COMMUNITY DEVELOPMENT DEPARTMENT RECOMMENDATION –FEBRUARY 28, 2018 RZ18-06 – APPROVAL CONDITIONAL U18-01- APPROVAL CONDITIONAL VC18-01 –APPROVAL CONDITIONAL INTENT To rezone from O-I (Office-Institutional) to O-I (Office-Institutional) and a Use Permit for a Private School (Sec. 64-1831) to increase the size of the existing school from 6,000 square feet to 9,500 square feet and the number of students from 150 to 220 students and a concurrent variance to delete the landscape strip. (Sec. 64-1090 (a)). Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on March 19, 2018 (First Presentation on March 5, 2018) 3/1/2018 Page 2 of 18 RZ18-06/U18-01/VC18-01 PLANNING COMMISSION RECOMMENDATION – FEBRUARY 28, 2018 RZ18-06 – APPROVAL CONDITIONAL – 6-0 U18-01- APPROVAL CONDITIONAL – 6-0 VC18-01 –APPROVAL CONDITIONAL- 6-0 The Planning Commission discussed the maximum number of students that was requested by the applicant. They were concerned about at what point would the applicant be required to provide a left turn lane for the project. Staff explained that if and when the site requires the left turn lane, the applicant will be responsible to provide the traffic improvement. In addition, the Planning Commission recommended that the applicant be limited to the number of students approved by the Georgia Department of Early Care and Learning, not to exceed 220 students. Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on March 19, 2018 (First Presentation on March 5, 2018) 3/1/2018 Page 3 of 18 RZ18-06/U18-01/VC18-01 LOCATION MAP Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on March 19, 2018 (First Presentation on March 5, 2018) 3/1/2018 Page 4 of 18 RZ18-06/U18-01/VC18-01 CURRENT ZONING MAP Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on March 19, 2018 (First Presentation on March 5, 2018) 3/1/2018 Page 5 of 18 RZ18-06/U18-01/VC18-01 FUTURE LAND USE PLAN MAP Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on March 19, 2018 (First Presentation on March 5, 2018) 3/1/2018 Page 6 of 18 RZ18-06/U18-01/VC18-01 SITE PLAN SUBMITTED ON DECEMBER 27, 2017 Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on March 19, 2018 (First Presentation on March 5, 2018) 3/1/2018 Page 7 of 18 RZ18-06/U18-01/VC18-01 SUBJECT SITE: The subject site contains 2.89 acres and is developed with a newly constructed building 6,000 square foot and an older existing structure with approximately 2,000 square feet zoned O-I pursuant to RZ15-14 approved for a Private School pursuant to U15-04 in the existing building and a total of 150 students. In the applicant’s letter of intent, he states that he requests to expand the current capacity of 150 students to 220 students. In addition, the school will serve not just the current pre-school but include elementary school classes, thus the requirement for a Use Permit for a Private School . The 3,500 square foot expansion within the newly constructed building is proposed within the attic. Thus, the necessity for a new rezoning and use permit. SITE PLAN ANALYSIS Based on the applicant’s revised site plan submitted on December 27, 2017 to the Community Development Department offers the following considerations: DEVELOPMENT STANDARDS – SEC. 64-730 O-I (Office-Institutional) Based on the requirements pursuant to Sec. 64-730, the site plan indicates compliance with the development standards for O-I (Office-Institutional). The applicant is requesting this zoning district for those students who are less than 4 years in age which requires a day care facility and is allowed by right within the O-I district. Staff has evaluated the existing and future right-of-way requirements based on the revised site plan received on December 27, 2017. DEVELOPMENT STANDARDS – SEC. 64-1831 – PRIVATE SCHOOL USE PERMIT Based on the requirements pursuant to Sec. 64-1831, the site plan indicates compliance with the development standards for the Use Permit. STATE ROUTE 9 OVERLAY DISTRICT The proposed expansion of the Montessori school is required to meet the State Route 9 Overlay District standards within Chapter 64, Article VII, Division 5 of the Zoning Ordinance. The site plan shows compliance with the requirements of the State Route 9 Overlay District with the exception of the following: Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on March 19, 2018 (First Presentation on March 5, 2018) 3/1/2018 Page 8 of 18 RZ18-06/U18-01/VC18-01 Landscape Strips and Buffers The Site Plan is compliant except for the 20 foot landscape strip, with the following required landscape strip and buffers as required by the State Route 9 Overlay District: 20 foot landscape strip adjacent to Bethany Bend and Morris Roads. There is an encroachment where the turnaround is and is discussed below as a concurrent variance. 50 foot undisturbed buffer and 10 foot improvement setback along the western property line. 25 foot undisturbed buffer and 10 foot improvement setback along the southern property line. This is based on the existing zoning of O-I (Office- Institutional) pursuant to RZ03-152. VC18-01 – Delete the landscape strip from 20 feet to 0 feet where existing turnaround is shown (Sec. 64-1090 (a)). The driveway was constructed to allow the traffic to flow in a forward direction. Therefore, it is staff’s opinion that the requested concurrent variance be APPROVED based on the fact that the request complies with the considerations of Section 64-1883: Relief, if granted, would not offend the spirit or intent of this zoning ordinance; There are such extraordinary and exceptional situations or conditions pertaining to the particular piece of property that the literal or strict application of this zoning ordinance would create an unnecessary hardship due to size, shape or topography or other extraordinary and exceptional situations or conditions not caused by the variance applicant; Relief, if granted would not cause a substantial detriment to the public good and surrounding properties; and That the public safety, health and welfare are secured, and that substantial justice is done. Fencing Pursuant to 64-1092 (i) the Overlay requires a black four board black equestrian fence, not exceeding 55 inches in height along Bethany Bend and Morris Road. The applicant has not indicated the type and height of fencing to be used to enclose the play areas on the site. The fence type and height shall comply with the State Route 9 Overlay District. Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on March 19, 2018 (First Presentation on March 5, 2018) 3/1/2018 Page 9 of 18 RZ18-06/U18-01/VC18-01 ENVIRONMENTAL SITE ANALYSIS In reference to the Environmental Impacts to the site, it satisfies the requirement of Section 64-2126. The applicant has addressed the various issues outlined in the ESA report. The proposed site does contain wetlands, floodplains and streams but does not contain, steep slopes, historical sites or sensitive plant and animal species. The applicant has included the tree survey on the site plan. ARBORIST COMMENTS There will be no specimen trees impacted by the proposed expansion. Site density has been met through the undeveloped area. Ten foot landscape islands are required for every 6 parking spaces. With the addition of parking spaces, these islands need to be installed. CITY OF MILTON FIRE MARSHAL The Fire Marshal has no objection to the proposed site plan. All development plans and building plans will be reviewed by the Fire Marshal prior to any permits being issued. TRANSPORTATION ENGINEER Trip Generation The thresholds for turn lanes are 300 daily left turns in and 200 daily right turns in. The daily distributions are based on 50% entering and 50% exiting trips. Daily Trips - 986 Daily left turns in - 296 Daily right turns in - 197 If at such time the Department of Public Works determines that the left turns into the site impact the operations of Bethany Bend, the owner will be required to conduct a traffic study to determine if the development warrants any additional improvements at no cost to the city. If improvements are determined to be warranted, owner shall install those at no cost to the city. PUBLIC INVOLVEMENT On January 23, 2018 the applicant was present at the Community Zoning Information Meeting (CZIM) held at the Milton City Hall. There were two members of the community in attendance. The community asked the applicant some general information questions about the project. Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on March 19, 2018 (First Presentation on March 5, 2018) 3/1/2018 Page 10 of 18 RZ18-06/U18-01/VC18-01 PUBLIC PARTICIPATION REPORT The applicant held a meeting on February 12, 2018. There were seven members of the community in attendance. The community asked the applicant some general questions and the overall look of the project. CITY OF MILTON DESIGN REVIEW BOARD COURTESY REVIEW – FEBRUARY 6, 2018 Comments: No qualms about finishing out the attic space or adding staircase on back. Standards of Review (Section 64-2104) Planning Staff shall, with respect to each zoning application, investigate and make a recommendation with respect to factors 1 through 7, below, as well as any other factors it may find relevant. 1. Whether or not the proposal will permit a use that is suitable in view of the use and development of adjacent and nearby Property? The proposed expansion of the existing Montessori school at a density of 3,500 square feet per acre is suitable based on the adjacent and nearby developments. Specifically, adjacent to the north, the subject property is zoned TR (Townhouse Residential) with a use permit for senior housing at a density of 20 units per acre and 3 stories in height. In addition, Windcrest Park further to the north is developed with townhomes at a density of 6.76 units per acre zoned TR (Townhouse Residential). Furthermore, Spring Valley townhomes are developed at 7.86 units per acre. The City of Milton approved the Comprehensive Plan Update recommending Office based on the city’s vision for the area. The Future Land Use Map indicates that the parcel to the north, zoned for senior housing is designated as Multi Family Residence. In addition, there is a large mixed use development directly to the east in Forsyth County as described in the table below. It is Staff’s opinion that the proposed expansion is suitable in view of the adjacent and nearby properties. Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on March 19, 2018 (First Presentation on March 5, 2018) 3/1/2018 Page 11 of 18 RZ18-06/U18-01/VC18-01 Adjacent Uses Location Parcel / Zoning Petition Zoning / Name Approved Density/Min. Heated Floor Area North 1 RZ08-08 U08-04 TR (Townhouse Residential) and Use Permit for Senior Housing 20 unit/acre 3 stories East (Forsyth County) 2 MPD (Master Plan Development) Deerfield Township 114,800 sq.ft. – retail 35,200 sq.ft. – office 300 units – CCRC 92,000 sq.ft. – self storage 283 single family units 800 multi-family units Further North 3 AG-1 (Agricultural) Scattered single family residential 1 unit per acre Northwest 4 Z97-115 TR (Townhouse Residential) Conditional Windcrest Park 6.76 units/acre 1,500 sq. ft. Northwest 5 Z99-136 TR (Townhouse Residential) Conditional Spring Valley 7.86 units/acre 2 stories 1,200 sq. ft. West 6 Z02-105 TR (Townhouse Residential) Conditional Hidden Forest 4.99 units/acre 1,500 sq. ft. attached 2,000 sq. ft. detached Southeast 7 Z96-124 T-5R and Civic Space The Preserve at Deerfield 12 units/acre 3 stories Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on March 19, 2018 (First Presentation on March 5, 2018) 3/1/2018 Page 12 of 18 RZ18-06/U18-01/VC18-01 ADJACENT USES MAP Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on March 19, 2018 (First Presentation on March 5, 2018) 3/1/2018 Page 13 of 18 RZ18-06/U18-01/VC18-01 2. Whether or not the proposal will adversely affect the existing use or usability of adjacent or nearby property? It is Staff’s opinion that the proposed expansion of the Montessori School will not adversely affect the existing uses of adjacent or nearby properties if approved with Staff’s recommended conditions. 3. Whether the property to be affected by the proposal has a reasonable economic use as currently zoned? The subject site may have a reasonable economic use as currently zoned. 4. Whether the proposal will result in a use which will or could cause an excessive or burdensome use of existing streets, transportation facilities, utilities or schools? If developed with the recommended conditions, Staff does not anticipate an excessive or burdensome use of existing streets, transportation facilities, or utilities. 5. Whether the proposal is in conformity with the policies and intent of the land use plan? Future Land Use Plan Map: – The Milton Comprehensive Plan Update recommends Office for the site. The proposed expansion is consistent with the Comprehensive Plan Update. Proposed use/density: Day Care/Montessori School 3,287.2 square feet per acre for a total of 9,500 square feet In addition, the proposed development is consistent with the following plan policies: We will support programs that retain, expand and create businesses that provide a good fit for our community’s economy in terms of job skills required and links to existing businesses and locate them appropriately within the City. We support appropriate residential and non-residential infill development and redevelopment in ways that complement surrounding areas. Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on March 19, 2018 (First Presentation on March 5, 2018) 3/1/2018 Page 14 of 18 RZ18-06/U18-01/VC18-01 6. Whether there are other existing or changed conditions affecting the use and development of the property which gives supporting grounds for either approval or disapproval of the proposal? It is Staff’s opinion that since the adoption of the Plan, the surrounding development of high density residential and especially the commercial development to the east in Forsyth County and the increased traffic in the area have changed the character of this area. 7. Whether the zoning proposal will permit a use which can be considered environmentally adverse to the natural resources, environment and citizens of the City of Milton? The proposed use may not be environmentally adverse to the natural resources, environment and citizens of the City due to the required development regulations as it pertains to stormwater facilities, tree recompense and landscape requirements. USE PERMIT CONSIDERATIONS In the interest of the public health, safety and welfare, the Mayor and City Council may exercise limited discretion in evaluating the site proposed for a use that requires a Use Permit. In exercising such discretion pertaining to the subject use, the Mayor and City Council shall consider each of the following as outlined in Sec. 64-1552 of the Zoning Ordinance: Use Permit Considerations. Staff has reviewed said items pertaining to the subject use, and, offers the following comments: 1. Whether the proposed use is consistent with the land use or economic development plans adopted by the Mayor and City Council: The proposed development is located in the “Office” land use category on the City of Milton Comprehensive Plan Update Map. The proposed use permit for a private school is permitted in the O-I (Office-Institutional) district which is an acceptable zoning district in the “Office” land use category. 2. Compatibility with land uses and zoning districts in the vicinity of the property for which the use permit is proposed: The subject site is compatible with the adjacent and nearby land uses and zoning: an approved senior living facility at a density of 20 units per acre to the north, residential development ranging from 4.99 units per acre (Hidden Forest) to 12 units per acre (The Preserve at Deerfield). In addition, although it is not in the City of Milton, directly to the east is a high intensity mixed use development in Forsyth County which will directly impact these properties. Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on March 19, 2018 (First Presentation on March 5, 2018) 3/1/2018 Page 15 of 18 RZ18-06/U18-01/VC18-01 3. Whether the proposed use may violate local, state and/or federal statutes, ordinances or regulations governing land development: The proposed use does not appear to violate any ordinances or regulations governing land development if the concurrent variance is approved. 4. The effect of the proposed use on traffic flow, vehicular and pedestrian, along adjoining streets: The proposed use’s effect on the traffic flow, vehicular, pedestrian, along adjoining streets should be mitigated with the location of the entrance. 5. The location and number of off-street parking spaces; The off street parking is l ocated on the sides and rear of the existing and proposed buildings which is the appropriate location as required by the State Route 9 Overlay District. Below is a table indicating the required and provided number of parking spaces for the site. 1 parking space per 4 employees 1.7 parking spaces per 1,000 sq.ft. # of Parking Spaces Existing Building (2,000 sq. ft.) 6 employees = 2 parking spaces 1.7x2= 4 parking spaces 6 Existing Building (6,000 sq. ft.) 12 employees = 3 parking spaces 1.7x6 = 11 parking spaces 14 Proposed Expansion (3,500 sq. ft.) 6 employees = 2 parking spaces 1.7 x3.5 =6 parking space 8 Total Required 28 Total Provided 28 6. The amount and location of open space: The proposed needs to include landscape islands for every 6 parking spaces. The applicant will be required to install the landscape islands to be in compliance with the Arborist’s comment. 7. Protective screening: There is a large amount of protective screening to the west adjacent to the Hidden Forest Subdivision. A perennial stream is located along the western property line which requires a 50 foot undisturbed buffer and 25 foot non- improvement setback. Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on March 19, 2018 (First Presentation on March 5, 2018) 3/1/2018 Page 16 of 18 RZ18-06/U18-01/VC18-01 8. Hours and manner of operation: Monday – Friday 6:30 am – 7:30 pm It is Staff’s opinion that the above mentioned hours and days of operation are reasonable for the proposed use and will be included in the Recommended Conditions. The proposed hours of operations from the existing Use Permit Considerations (U15-04) is Monday – Friday 7:30 am – 6:00 pm. 9. Outdoor lighting: The applicant has not indicated any additional lighting on the site. If lighting is proposed, it must comply with the Highway 9 Overlay District pursuant to Sec. 64-1094. 10. Ingress and egress to the property. The site plan indicates a one way in and a one way out for ingress and egress to the property. This allows the student drop off and vehicular turnaround be provided so that flow of traffic to remain forward in motion which is required per Sec. 64-1831(b)(7). CONCLUSION The proposed expansion of the school is consistent with the City of Milton Comprehensive Plan Update suggestion of Office. Based on the fact that there is higher density residential adjacent to the north, southwest and east within the City of Milton and retail commercial to the east in Forsyth County, it is Staff’s opinion the proposed rezoning from O-I to O-I is appropriate and therefore, recommends APPROVAL CONDITIONAL of RZ18-06 and U18-01. In addition, Staff recommends APPROVAL CONDITIONAL of VC18-01. Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on March 19, 2018 (First Presentation on March 5, 2018) 3/1/2018 Page 17 of 18 RZ18-06/U18-01/VC18-01 RECOMMENDED CONDITIONS If this petition is approved by the Mayor and City Council, it should be O-I (Office- Institutional) CONDITIONAL and a Use Permit for a Private School (Sec. 64-1831) subject to the owner’s agreement to the following enumerated conditions. Where these conditions conflict with the stipulations and offerings contained in the Letter of Intent, these conditions shall supersede unless specifically stipulated by the Mayor and City Council. 1) To the owner’s agreement to restrict the use of the subject property as follows: a) Restrict the use of the subject property to a private school and day care facility in the existing structure on the southern portion of the site and 9,500 square foot structure at a maximum density of 3,287.2 square feet per acre, whichever is less, based on the total acreage zoned. b) Restrict the number of students to 220. c) Hours of operation shall be Monday through Friday, 6:30 a.m. – 7:30 p.m. 2) To the owner’s agreement to abide by the following: a) To the revised site plan received by the Community Development Department on December 27, 2017. Said site plan is conceptual only and must meet or exceed the requirements of the Zoning Ordinance, all other applicable city ordinances and these conditions prior to the approval of a Land Disturbance Permit. Unless otherwise noted herein, compliance with all conditions shall be in place prior to the issuance of the first Certificate of Occupancy. b) Prior to the issuance of a Certificate of Occupancy, comply with all regulations of the Georgia Department of Early Care and Learning. 3) To the owner’s agreement to the following site development considerations: a) To delete the landscape strip from 20 feet to 0 feet where existing turnaround is shown. (VC18-01) 4) To the owner’s agreement to abide by the following requirements, dedications, and improvements: Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on March 19, 2018 (First Presentation on March 5, 2018) 3/1/2018 Page 18 of 18 RZ18-06/U18-01/VC18-01 a) If at such time the Department of Public Works determines that the left turns into the site impact the operations of Bethany Bend, the owner will be required to conduct a traffic study to determine if the development warrants any additional improvements at no cost to the city. If improvements are determined to be warranted, owner shall install those at no cost to the city. 5) To the owner’s agreement to abide by the following: a) A stormwater management concept plan shall be submitted and approved by Milton Public Works Department prior to submission of land disturbance application. ORDINANCE NO._______ PETITION NO. RZ18-06/U18- 01/VC18-01 STATE OF GEORGIA COUNTY OF FULTON AN ORDINANCE TO APPROVE A REZONING FROM O-I AND O-I FOR AN EXPANDED DAY CARE FACILITY AND A USE PERMIT FOR AN EXPANDED PRIVATE SCHOOL (SEC. 64-1831) ON 2.89 ACRES LOCATED AT 3505 BETHANY BEND. BE IT ORDAINED by the City Council for the City of Milton, Georgia while in regular session on March 19, 2018 at 6:00 p.m. as follows: SECTION 1. That the Zoning Ordinance of the City of Milton be amended, so that the following property located at 3505 Bethany Bend consisting of a total of approximately 2.89 acres as described in the attached legal description, be approved Office-Institutional for a Day Care Facility and a Use Permit for a Private School with conditions, attached hereto and made a part herein; ALL THAT TRACT or parcel of land lying and being Land Lots 973 and 974 of the 2nd District 1st Section, City of Milton, Fulton County, Georgia; and SECTION 2. That the private school and day care facility listed in the attached conditions of approval, be approved under the provisions Sec. 64-1831 and Article VI, Division 16, respectively, of the Zoning Ordinance of the City of Milton; and SECTION 3. That the property shall be developed in compliance with the conditions of approval as attached to this ordinance. Any conditions hereby approved (including any site plan) do not authorize the violation of any district regulations; and SECTION 4. That all ordinances or part of ordinances in conflict with the terms of this ordinance are hereby repealed; and SECTION 5. This Ordinance shall become effective upon adoption by the Mayor and City Council and the signature of approval of the Mayor. ORDAINED this 19th day of March, 2018. Approved: ______________________ Joe Lockwood, Mayor Attest: ________________________________ Sudie Gordon, City Clerk (Seal) RECOMMENDED CONDITIONS If this petition is approved by the Mayor and City Council, it should be O-I (Office- Institutional) CONDITIONAL and a Use Permit for a Private School (Sec. 64-1831) subject to the owner’s agreement to the following enumerated conditions. Where these conditions conflict with the stipulations and offerings contained in the Letter of Intent, these conditions shall supersede unless specifically stipulated by the Mayor and City Council. 1) To the owner’s agreement to restrict the use of the subject property as follows: a) Restrict the use of the subject property to a private school and day care facility in the existing structure on the southern portion of the site and 9,500 square foot structure at a maximum density of 3,287.2 square feet per acre, whichever is less, based on the total acreage zoned. b) Restrict the number of students to 220. c) Hours of operation shall be Monday through Friday, 6:30 a.m. – 7:30 p.m. 2) To the owner’s agreement to abide by the following: a) To the revised site plan received by the Community Development Department on December 27, 2017. Said site plan is conceptual only and must meet or exceed the requirements of the Zoning Ordinance, all other applicable city ordinances and these conditions prior to the approval of a Land Disturbance Permit. Unless otherwise noted herein, compliance with all conditions shall be in place prior to the issuance of the first Certificate of Occupancy. b) Prior to the issuance of a Certificate of Occupancy, comply with all regulations of the Georgia Department of Early Care and Learning. 3) To the owner’s agreement to the following site development considerations: a) To delete the landscape strip from 20 feet to 0 feet where existing turnaround is shown. (VC18-01) 4) To the owner’s agreement to abide by the following requirements, dedications, and improvements: a) If at such time the Department of Public Works determines that the left turns into the site impact the operations of Bethany Bend, the owner will be required to conduct a traffic study to determine if the development warrants any additional improvements at no cost to the city. If improvements are determined to be warranted, owner shall install those at no cost to the city. 5) To the owner’s agreement to abide by the following: a) A stormwater management concept plan shall be submitted and approved by Milton Public Works Department prior to submission of land disturbance application. SITE PLAN SUBMITTED ON DECEMBER 27, 2017 MILTON ESTABLISHED 27 CITY COUNCIL AGENDA ITEM TO: City Council DATE: March 9, 2018 FROM: Steven Krokoff, City Manager er AGENDA ITEM: Consideration of U18-02/U18-03/VC18-02 -12655 Birmingham Hwy - To request a use permit for Apartments (Sec. 64-1839) and a use permit for Senior Housing (Sec. 64-1834) to develop 42 condominiums on 4.37 acres at a density of 9.6 units per acre and a concurrent variance to delete the required 300 cubic feet of separate, contiguous storage space for each dwelling unit (Sec. 64-1839 (8)) by Strawberry Fields Milton LLC. MEETING DATE: Monday, March 19, 2018 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 (,�IN0 CITY ATTORNEY REVIEW REQUIRED: () YES (' "k fv0 APPROVAL BY CITY ATTORNEY: () APPROVED (J NOT APPROVED PLACED ON AGENDA FOR: u��19'i2a1& 2006 Heritage Walk Milton, GA P: 678.242.2500 1 F: 678.242.2499 info@cityofmiltonga.us I www.cityofmiltonga.us 0000 U18-02/U18-03/VC18-02 - Prepared for the City of Milton Mayor and City Council Meeting on March 19, 2018 (First Presentation on March 5, 2018) Page 1 of 17 3/1/2018 PETITION NUMBERS U18-02/U18-03/VC18-02 ADDRESS 12655 Birmingham Highway DISTRICT, LAND LOT 2/2, 1134 OVERLAY DISTRICT Crabapple Form Based Code EXISTING ZONING T-4 Open/T-5 PROPOSED USE PERMITS Senior Housing (Sec. 64-1834) Apartments (Sec. 64-1839) ACRES 4.37 EXISTING USE Single Family Residence PROPOSED USE 42 Senior Condominiums with Mixed Use Retail, Office and Loft OWNER/APPLICANT Rob Beecham for Strawberry Fields Milton, LLC ADDRESS 296 S Main Street Suite 400 Alpharetta, GA 30009 COMMUNITY DEVELOPMENT DEPARTMENT RECOMMENDATION – FEBRUARY 28, 2018 U18-02 – APPROVAL CONDITIONAL U18-03 – APPROVAL CONDITIONAL VC18-02 – APPROVAL CONDITIONAL PLANNING COMMISSION RECOMMENDATION FEBRUARY 28, 2018 U18-02 – APPROVAL CONDITIONAL – 6-0 U18-03 – APPROVAL CONDITIONAL – 6-0 VC18-02 – APPROVAL CONDITIONAL – 6-0 A request for Senior Housing (U18-02) and for Apartments (U18-03) to use as 42 senior condominiums and a Concurrent Variance to delete the required 300 cubic feet of separate contiguous storage space for each dwelling unit (VC18-02) U18-02/U18-03/VC18-02 - Prepared for the City of Milton Mayor and City Council Meeting on March 19, 2018 (First Presentation on March 5, 2018) Page 2 of 17 3/1/2018 LOCATION MAP U18-02/U18-03/VC18-02 - Prepared for the City of Milton Mayor and City Council Meeting on March 19, 2018 (First Presentation on March 5, 2018) Page 3 of 17 3/1/2018 EXISTING ZONING MAP U18-02/U18-03/VC18-02 - Prepared for the City of Milton Mayor and City Council Meeting on March 19, 2018 (First Presentation on March 5, 2018) Page 4 of 17 3/1/2018 2030 FUTURE LAND USE MAP U18-02/U18-03/VC18-02 - Prepared for the City of Milton Mayor and City Council Meeting on March 19, 2018 (First Presentation on March 5, 2018) Page 5 of 17 3/1/2018 SITE PLAN SUBMITTED – JANUARY 5, 2018 U18-02/U18-03/VC18-02 - Prepared for the City of Milton Mayor and City Council Meeting on March 19, 2018 (First Presentation on March 5, 2018) Page 6 of 17 3/1/2018 SUBJECT SITE AND BACKGROUND: The subject site is zoned T-4 Open and T-5, and developed with a single family residence that has been converted into an art gallery. Located on 4.37 acres, the property is in the Crabapple Form Based Code. The applicant proposes a mixed use development, including 4 office/retail buildings, and 42 senior condominiums (at a density of 9.6 units per acre). Staff notes that the requested Use Permit for “Apartments” are for the use and not for rental of multi-family units. It is to allow for “stacked flats” and because the request exceeds 30 units it is not under the category of “Neighborhood Apartments”. The intent of the 42 units is “For Sale” and not rental. In addition, the Use Permit for Senior Housing, requires the units to be “For Sale” and not for rent. Therefore, Staff will refer to this use as “Senior Condominiums” within this report to better represent the actual use. The site plan also shows mixed use development on the western portion of the property which will be developed concurrently with the senior housing on the eastern portion of the site. The residential units on the west portion of the site are allowed by right within the T-5 transect zone. The focus of this report is on the required use permit for the 42 units of senior condominiums. SITE PLAN ANALYSIS Based on the applicant’s site plan to the Community Development Department on January 5, 2018, Staff offers the following considerations: U18-02/U18-03/VC18-02 - Prepared for the City of Milton Mayor and City Council Meeting on March 19, 2018 (First Presentation on March 5, 2018) Page 7 of 17 3/1/2018 Senior Housing (Section 64-1834) Required Standard Meets the Standard (a) All except M-1A, M-1,M-2 and un-sewered AG-1 Yes 2. Standards. (a) Building height in accordance with the underlying zoning Yes, T-4Open, 3 stories (c) No more than 20 dwelling units per acres shall be allowed in a multifamily development. Yes, 9.7units per acre proposed. (d) No dwelling unit shall contain more than two bedrooms. Not indicated (e) Multifamily dwelling units shall have a min of 600 square feet of gross floor area. Yes, 1,200 sq ft (f) A 50 foot principal building setback shall be provided for attached dwelling units adjacent to single-family residential districts or AG-1 districts. Accessory structures may be located in the rear and side yards only but shall not be located in a min yard. There are no single family uses adjacent to the site. (g) Parking spaces shall be calculated as 1(4/10) spaces per dwelling unit. Yes, 42x1.4= 59 required spaces (h) No parking shall be allowed in the min front yard setback Yes (i) Senior facilities must be served by public water and sewer Yes (j) Landscape strips and buffers shall be provided as specified in the O-I district in article III of the zoning Ordinance. Article 2.3.1 states that this requirement does not apply to FBC. (k) The property shall be deed restricted to senior housing except as provided for by fair housing laws. Yes (l) Facility shall comply with all applicable local, state, and federal regulations and copies of any applicable permit shall be provided to the community development department prior to the issuance of a certificate of occupancy. Yes (m) Projects are encouraged to incorporate easy living and applicable accessibility standards as administered and copy righted by a coalition of state citizens….. Yes (n) Housing shall have at least 80 percent of the occupied dwelling units occupied by at least one person who is 55 years of age or older which shall be verified by the property owner in a manner deemed acceptable pursuant to policies and procedures adopted by the director of the community development director. Yes U18-02/U18-03/VC18-02 - Prepared for the City of Milton Mayor and City Council Meeting on March 19, 2018 (First Presentation on March 5, 2018) Page 8 of 17 3/1/2018 Apartments (Section 64-1839) Required Standard Meets the Standard (a) Crabapple Form-Based Code, Deerfield/Hwy 9 Form Based Code. Yes—Crabapple FBC (b) Standards. 1. Required off-street parking spaces shall be no greater than 400 feet away, as measured along a pedestrian walkway, from the door of the unit they serve. Yes If 2. Apartment developments shall incorporate outdoor amenity spaces for the use of occupants, provided on the lot and available as passive or active recreational space by occupants, subject to the following: Yes a. Outdoor amenity spaces shall be provided in the ratio of 75 square feet per dwelling unit. Yes, .072 acres required. b. Outdoor amenity space may be met in one contiguous open area or in multiple open areas on the lot. To receive credit the area must be at least ten feet in both length and depth. Yes c. Outdoor amenity space may be located at or above grade. Yes, at grade d. Outdoor amenity space may be roofed but cannot be enclosed. There is a proposed amenity building, but the required open space is not enclosed. e. Outdoor amenity space cannot be parked or driven upon, except for emergency access. Yes f. In calculation the min outdoor amenity space requirement, the following can be included: swimming pools, paved surfaces and structures when they are a part of approved features such as gazebos, fountains, and plazas (but excluding any parking areas serving such approved features), ground-level active and passive recreational facilities, roof decks, and roof top gardens. Yes g. In calculating the min outdoor amenity sp ace requirement, civic spaces counting towards the min requirements of the applicable zoning district may not be included. Yes 3. All outdoor amenity spaces and other landscaped areas shall be maintained by a professional landscaper. Yes 4. A min of 50% of dwelling units above the first floor shall have balconies with a minimum floor dimension of six feet by 10 feet. Yes 5. Adequate provision for the disposal of refuse shall be made within each apartment building, or such refuse shall be conveyed to a central point or points to facilitate collection. Disposal arrangements shall be the responsibility of the apartment building owner. Yes 6. Each dwelling unit shall have central heating and cooling facilities. Yes 7. Adequate laundry facilities consisting of automatic washing and clothes drying machines in a common laundry room shall be provided, or a wash and dryer hook-up shall be installed in each dwelling unit. Yes U18-02/U18-03/VC18-02 - Prepared for the City of Milton Mayor and City Council Meeting on March 19, 2018 (First Presentation on March 5, 2018) Page 9 of 17 3/1/2018 8. A min of 300 cubic feet of separate contiguous storage space shall be provided for each dwelling unit. Concurrent variance requested to delete this requirement Discussion of Use Permit Standards The applicant meets the standards for senior housing and the standards for apartments with the exception of the minimum of 300 cubic feet of separate contiguous storage space. The applicant requests a concurrent variance to delete this requirement. VC18-02 The applicant is requesting a concurrent variance to delete the requirement for a minimum of 300 cubic feet of separate contiguous storage space for each unit. The requested concurrent variance meets the following considerations: (1) Relief, if granted, would not offend the spirit or intent of this zoning ordinance; (2) There are such extraordinary and exceptional situations or conditions pertaining to the particular piece of property that the literal or strict application of this zoning ordinance would create an unnecessary hardship due to size, shape or topography or other extraordinary and exceptional situations or conditions not caused by the variance applicant; (3) Relief, if granted would not cause a substantial detriment to the public good and surrounding properties; and (4) That the public safety, health and welfare are secured, and that substantial justice is done. Separate outdoor storage is typically seen in garden style apartments, and is not appropriate for loft style condominiums in the Crabapple area. No detriment to the public will be caused by the approval of this variance, and substantial just shall be done. Therefore, Staff recommends APPROVAL CONDITIONAL of VC18- 02. City Arborist Based on the old tree ordinance: Tree density is met through parking lot, street trees and specimen tree replanting. 95.1 units removed = (136) 4” trees or $68,000 in specimen recompense. Two additional trees may reacquired removal with parking lot grading. 10 foot wide landscape Island required every 6th parking space. U18-02/U18-03/VC18-02 - Prepared for the City of Milton Mayor and City Council Meeting on March 19, 2018 (First Presentation on March 5, 2018) Page 10 of 17 3/1/2018 Fire Marshal The site plan meets fire requirements. Transportation Trip Generation The thresholds for turn lanes are 300 daily left turns in and 200 daily right turns in. Therefore, no turn lanes are required for the site. The daily distributions are based on 50% entering and 50% exiting trips. Daily Trips 1,412 total - 706 per driveway Daily left turns in 177 per driveway Daily right turns in 177 per driveway Access to the site shall be subject to the approval of City of Milton Department of Public Works, prior to the issuance of a Land Disturbance Permit, Subdivision Plat or Certificate of Occupancy (whichever comes first). Entrance(s) shall conform to Chapter 48 Streets, Sidewalks and Other Public Places of the City of Milton Code of Ordinances. Provide two driveways at locations coordinated with Northeast Crabapple Connector Roadway project and approved by Milton Public Works. Environmental Site Analysis The Environmental Site Analysis (ESA) report was completed as required by the Zoning Ordinance. On the site, there are no wetlands, floodplain, steep slopes or archeological/historical sites. There is no endangered vegetation or wildlife on the site. The applicant has submitted the appropriate tree survey and shall comply with the City of Milton Tree Ordinance. Public Involvement Community Zoning Information Meeting On January 23, 2018 the applicant was present at the Community Zoning Information Meeting held at the Milton City Hall. There were approximately 12 members of the community in attendance at the meeting. The following issues were brought up at the meeting: Concerns about ‘apartments’. The applicant explained that these units are actually for-sale condominiums. U18-02/U18-03/VC18-02 - Prepared for the City of Milton Mayor and City Council Meeting on March 19, 2018 (First Presentation on March 5, 2018) Page 11 of 17 3/1/2018 The style of the buildings was discussed. They will be reminiscent of older buildings that once housed a mill or factory and has now been converted into a loft/condo. City of Milton Design Review Board Meeting Courtesy Review –January 9, 2018 The following comments were made at the meeting: No problems with the concept. Staff notes that all buildings shall comply with the Crabapple Form Based Code requirements. In addition, the City Architect will work closely with the applicant regarding design which will be required to be approved by the Design Review Board prior to the issuance of the building permit. Public Participation Plan and Report The applicant held the Public Participation Meeting on February 8th at 6:00 at the Strawberry Fields Gallery building on Birmingham Highway. There were 5 attendees. The applicant reviewed the plans with the attendees and there were no major concerns after discussions with the applicant. USE PERMIT CONSIDERATIONS (SENIOR HOUSING) In the interest of the public health, safety and welfare, the Mayor and City Council may exercise limited discretion in evaluating the site proposed for a use that requires a Use Permit. In exercising such discretion pertaining to the subject use, the Mayor and City Council shall consider each of the following as outlined in Sec. 64-1552 of the Zoning Ordinance: Use Permit Considerations. Staff has reviewed said items pertaining to the subject use, and, offers the following comments: 1. Whether the proposed use is consistent with the land use or economic development plans adopted by the Mayor and City Council: The proposed development is located in the T-4 Open and T5 land use category on the City of Milton Comprehensive Plan Update 2016 Plan Map. Located in the T-4 Open zoning section, the proposed use of senior condominiums is categorized as apartments and is compatible with the T- 4 Open district within the plan. Therefore, it is the opinion of Staff that the proposed use is consistent with the current Comprehensive Land Use Plan. Compatibility with land uses and zoning districts in the vicinity of the property for which the use permit is proposed: U18-02/U18-03/VC18-02 - Prepared for the City of Milton Mayor and City Council Meeting on March 19, 2018 (First Presentation on March 5, 2018) Page 12 of 17 3/1/2018 The subject site is located on the northeast corner of the Birmingham Highway and proposed Crabapple Connector circle. To the north is Crabapple Crossing Elementary School. This is considered a civic use. To the east is a proposed residential development which is under review for a land disturbance permit zoned T-4 Open. To the south is the proposed Crabapple Connector and property zoned T-5 and T-4 Open. To the west is Birmingham Highway and the Braeburn subdivision. There are office condos along the road, and attached and detached single family homes further back. In addition, the Downtown Milton/Crabapple Placemaking Plan contemplated senior housing within the northeast quadrant as depicted in the illustration below. I t is Staff’s opinion that the proposed senior condos use is compatible with adjacent and nearby properties and consistent with land use plans adopted by the Mayor and City Council. Therefore, Staff recommends APPROVAL CONDITIONAL of U18-02. 2. Whether the proposed use may violate local, state and/or federal statutes, ordinances or regulations governing land development: The proposed use does not appear to violate any ordinances or regulations governing land development. 3. The effect of the proposed use on traffic flow, vehicular and pedestrian, along adjoining streets: U18-02/U18-03/VC18-02 - Prepared for the City of Milton Mayor and City Council Meeting on March 19, 2018 (First Presentation on March 5, 2018) Page 13 of 17 3/1/2018 The conditions of zoning regarding traffic will accommodate the increased traffic produced by the proposed development. 4. The location and number of off-street parking spaces; Based on previous parking requirements, the housing units require 1.4 parking spaces per unit. With 42 residential units, 59 spaces are required. The site plan indicates that 97 parking spaces are dedicated to the residential units, including 54 covered spaces and 20 basement spaces. This meets the required parking standard. The location of the parking spaces is within 40 feet of the buildings. 5. The amount and location of open space: The site is 4.37 acres in size. The development is required to provide 5% of the total site, or .2 acres as open space. The open space is situated around the residential buildings. By providing .2 acres of open space, the site will meet this requirement. 6. Protective screening: The Crabapple Form Based Code does not require buffers or screening between internal uses or adjacent properties. 7. Hours and manner of operation: This is a 24 hour use and no specific hours of operation apply. 8. Outdoor lighting: The applicant has not indicated any additional lighting on the site. If lighting is proposed, it must comply with the Article 4.12 of the Crabapple Form Based Code. 9. Ingress and egress to the property. The location of the entrance is approximately 321 feet east of the traffic circle along the proposed Crabapple Connector. Conditions of Zoning are included to provide two entrances/exits onto the new road. A 10 foot sidewalk will be provided along the proposed road. Also, sidewalks will be placed internally throughout the development. USE PERMIT CONSIDERATIONS (APARTMENTS) In the interest of the public health, safety and welfare, the Mayor and City Council may exercise limited discretion in evaluating the site proposed for a use that requires a Use Permit. In exercising such discretion pertaining to the subject U18-02/U18-03/VC18-02 - Prepared for the City of Milton Mayor and City Council Meeting on March 19, 2018 (First Presentation on March 5, 2018) Page 14 of 17 3/1/2018 use, the Mayor and City Council shall consider each of the following as outlined in Sec. 64-1552 of the Zoning Ordinance: Use Permit Considerations. Staff has reviewed said items pertaining to the subject use, and, offers the following comments: 1. Whether the proposed use is consistent with the land use or economic development plans adopted by the Mayor and City Council: The proposed development is located in the T-4 Open and T5 land use category on the City of Milton Comprehensive Plan Update 2016 Plan Map. Located in the T-4 Open zoning section, the proposed use of senior housing, which are required to be fee simple, is categorized as apartments and is compatible with the T-4 Open district within the plan. Therefore, it is the opinion of Staff that the proposed use is consistent with the current Comprehensive Land Use Plan. Compatibility with land uses and zoning districts in the vicinity of the property for which the use permit is proposed: The subject site is located on the northeast corner of the Birmingham Highway and proposed Crabapple Connector circle. To the north is Crabapple Crossing Elementary School. This is considered a civic use. To the east is a proposed residential development which is under review for a land disturbance permit zoned T-4 Open. To the south is the proposed Crabapple Connector and property zoned T-5 and T-4 Open. To the west is Birmingham Highway and the Braeburn subdivision. There are office condos along the road, and attached and detached single family homes further to the west. It is Staff’s opinion that the proposed apartments use is compatible with adjacent and nearby properties and consistent with land use plans adopted by the Mayor and City Council. Therefore, Staff recommends APPROVAL CONDITIONAL of U18-03. 2. Whether the proposed use may violate local, state and/or federal statutes, ordinances or regulations governing land development: The proposed use does not appear to violate any ordinances or regulations governing land development if the concurrent variance regarding storage is approved. 3. The effect of the proposed use on traffic flow, vehicular and pedestrian, along adjoining streets: The condition of zoning regarding traffic will accommodate the increased traffic produced by the proposed development. U18-02/U18-03/VC18-02 - Prepared for the City of Milton Mayor and City Council Meeting on March 19, 2018 (First Presentation on March 5, 2018) Page 15 of 17 3/1/2018 4. The location and number of off-street parking spaces; Based on the previous parking requirements, the housing units require 1.4 parking spaces per unit. With 42 residential units, 59 spaces are required. The site plan indicates that 97 parking spaces are dedicated to the residential units, including 54 covered spaces and 20 basement spaces. This meets the required parking standard. The location of the parking spaces is within 40 feet of the buildings. 5. The amount and location of open space: The site is 4.37 acres in size. The development is required to provide 5% of the total site, or .2 acres as open space. The open space is situated around the residential buildings. By providing .2 acres of open space, the site will meet this requirement. 6. Protective screening: The Crabapple Form Based Code does not require buffers or screening between internal uses or adjacent properties. 7. Hours and manner of operation: This is a 24 hour use and no specific hours of operation apply. 8. Outdoor lighting: The applicant has not indicated any additional lighting on the site. If lighting is proposed, it must comply with the Article 4.2 of the Crabapple Form Based Code. 9. Ingress and egress to the property. The location of the entrance is approximately 321 feet east of the traffic circle along the proposed Crabapple Connector. Conditions of Zoning are included to provide two entrances/exits onto the new road. A 10 foot sidewalk will be provided along the proposed road. Also, sidewalks will be placed internally throughout the development. CONCLUSION If approved with the Recommended Conditions, the proposed mixed used development including 42 senior condominiums is consistent the Comprehensive Plan and Crabapple Form Based Code. Therefore, Staff recommends U18-02 be APPROVED CONDITIONAL AND that U18-03 be APPROVED CONDITIONAL. Additionally, Staff recommends VC18-02 be APPROVED CONDITIONAL. U18-02/U18-03/VC18-02 - Prepared for the City of Milton Mayor and City Council Meeting on March 19, 2018 (First Presentation on March 5, 2018) Page 16 of 17 3/1/2018 RECOMMENDED CONDITIONS If this petition is approved by the Mayor and City Council , a Use Permit should be approved for Senior Housing (Sec. 64-1834) and a Use Permit should be approved for Apartments (Sec. 64-1839) subject to the owner’s agreement to the following enumerated conditions. Where these conditions conflict with the stipulations and offerings contained in the Letter of Intent, these conditions shall supersede unless specifically stipulated by the Mayor and City Council. 1) To the owner’s agreement to restrict the use of the subject property as follows: a) Senior Condominiums (U18-02 – Senior Housing and U18-03 - Apartments) b) No more than 42 total dwelling units at a maximum density of 9.6 units per acre, whichever is less, based on the total acreage zoned. Approved unit totals are not guaranteed. The developer is responsible through site engineering (at the time of application for a Land Disturbance Permit) to demonstrate that all units within the approved development meet or exceed all the development standards of the City of Milton. The total unit yield of the subject site shall be determined by this final engineering. 2) To the owner’s agreement to abide by the following: a) To the site plan received by the Community Development Department on January 5, 2018. Said site plan is conceptual only and must meet or exceed the requirements of the Zoning Ordinance, all other applicable City ordinances and these conditions prior to the approval of a Land Disturbance Permit. Unless otherwise noted herein, compliance with all conditions shall be in place prior to the issuance of the first Certificate of Occupancy. 3) To the owner’s agreement to the following site development considerations: a) To delete the requirement for a minimum of 300 cubic feet of separate contiguous storage space for each unit. (VC18-02) 4) To the owner’s agreement to abide by the following requirements, dedication and improvements: a) Access to the site shall be subject to the approval of City of Milton Department of Public Works, prior to the issuance of a Land Disturbance Permit, Subdivision Plat or Certificate of Occupancy (whichever comes first). Entrance(s) shall conform to Chapter 48 U18-02/U18-03/VC18-02 - Prepared for the City of Milton Mayor and City Council Meeting on March 19, 2018 (First Presentation on March 5, 2018) Page 17 of 17 3/1/2018 Streets, Sidewalks and Other Public Places of the City of Milton Code of Ordinances. b) Provide two driveways at locations coordinated with Northeast Crabapple Connector Roadway project and approved by Milton Public Works. 5) To the owner’s agreement to abide by the following: a) A stormwater management concept plan shall be submitted and approved by Milton Public Works Department prior to submission of land disturbance application. ORDINANCE NO._______ PETITION NO. U18-02 U18-03 VC18-02 STATE OF GEORGIA COUNTY OF FULTON AN ORDINANCE TO APPROVE TWO USE PERMITS FOR APARTMENTS (SEC. 64-1839) AND SENIOR LIVING (SEC. 64-1834) ON 4.37 ACRES LOCATED AT 12655 BIRMINGHAM HWY. BE IT ORDAINED by the City Council for the City of Milton, Georgia while in regular session on March 19, 2018 at 6:00 p.m. as follows: SECTION 1. That the Zoning Ordinance of the City of Milton be amended, so that the following property located at 12655 Birmingham Hwy consisting of a total of approximately 4.37 acres as described in the attached legal description, be approved for Use Permits for a Apartments and Senior Living with conditions, attached hereto and made a part herein; ALL THAT TRACT or parcel of land lying and being Land Lot 1134 of the 2nd District 2nd Section, City of Milton, Fulton County, Georgia; and SECTION 2. That the Apartments and Senior Living listed in the attached conditions of approval, be approved under the provisions Sec. 64-1839, Sec. 64- 1834, respectively, of the Zoning Ordinance of the City of Milton; and SECTION 3. That the property shall be developed in compliance with the conditions of approval as attached to this ordinance. Any conditions h ereby approved (including any site plan) do not authorize the violation of any district regulations; and SECTION 4. That all ordinances or part of ordinances in conflict with the terms of this ordinance are hereby repealed; and SECTION 5. This Ordinance shall become effective upon adoption by the Mayor and City Council and the signature of approval of the Mayor. ORDAINED this 19th day of March, 2018. Approved: ______________________ Joe Lockwood, Mayor Attest: ________________________________ Sudie Gordon, City Clerk (Seal) RECOMMENDED CONDITIONS If this petition is approved by the Mayor and City Council, a Use Permit should be approved for Senior Housing (Sec. 64-1834) and a Use Permit should be approved for Apartments (Sec. 64-1839) subject to the owner’s agreement to the following enumerated conditions. Where these conditions conflict with the stipulations and offerings contained in the Letter of Intent, these conditions shall supersede unless specifically stipulated by the Mayor and City Council. 1) To the owner’s agreement to restrict the use of the subject property as follows: a) Senior Condominiums (U18-02 – Senior Housing and U18-03 - Apartments) b) No more than 42 total dwelling units at a maximum density of 9.6 units per acre, whichever is less, based on the total acreage zoned. Approved unit totals are not guaranteed. The developer is responsible through site engineering (at the time of application for a Land Disturbance Permit) to demonstrate that all units within the approved development meet or exceed all the development standards of the City of Milton. The total unit yield of the subject site shall be determined by this final engineering. 2) To the owner’s agreement to abide by the following: a) To the site plan received by the Community Development Department on January 5, 2018. Said site plan is conceptual only and must meet or exceed the requirements of the Zoning Ordinance, all other applicable City ordinances and these conditions prior to the approval of a Land Disturbance Permit. Unless otherwise noted herein, compliance with all conditions shall be in place prior to the issuance of the first Certificate of Occupancy. 3) To the owner’s agreement to the following site development considerations: a) To delete the requirement for a minimum of 300 cubic feet of separate contiguous storage space for each unit. (VC18-02) 4) To the owner’s agreement to abide by the following requirements, dedication and improvements: a) Access to the site shall be subject to the approval of City of Milton Department of Public Works, prior to the issuance of a Land Disturbance Permit, Subdivision Plat or Certificate of Occupancy (whichever comes first). Entrance(s) shall conform to Chapter 48 Streets, Sidewalks and Other Public Places of the City of Milton Code of Ordinances. b) Provide two driveways at locations coordinated with Northeast Crabapple Connector Roadway project and approved by Milton Public Works. 5) To the owner’s agreement to abide by the following: a) A stormwater management concept plan shall be submitted and approved by Milton Public Works Department prior to submission of land disturbance application. Site Plan Received on January 5, 2018 M I LTO N�t ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: March 9, 2018 FROM: Steven Krokoff, City Manage AGENDA ITEM: Consideration of ZM18-01/VC18-04 - Southeast Quadrant of Birmingham Hwy and Birmingham Road, by OHC Birmingham LLC to request a zoning modification and concurrent variance for the following: 1) Request to modify RZ2004-1 16, Condition 2.a. to the Revised plan Dated February 2, 2018; 2) Request to modify ZM 14-03 -To delete Condition 6.c., the reference to the village green; 3) A Concurrent Variance to delete the 75 foot undisturbed buffer and 10 foot improvement setback along the south property line of the MIX -zoning district adjacent to AG -1 - Sec. 64-1142(a)(3.)b; and 4) A Concurrent Variance to reduce the Village Green in the southeast Quadrant from 13,000 square feet - Sec. 64- 1324(b). MEETING DATE: Monday, March 19, 2018 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 (_KN 0 CITY ATTORNEY REVIEW REQUIRED: () YES (VkK0 APPROVAL BY CITY ATTORNEY. () APPROVED (J NOT APPROVED PLACED ON AGENDA FOR: c 31,q i 7c it 2006 Heritage Walk Milton, GA P: 678.242.2500 1 F: 678.242.2499 info@cityofmiltongo.us I www.cityofmiltonga.us 0000 Page 1 of 12 ZM18-01/VC18-04 - Prepared by the Community Development Department for the Mayor and City Council Meeting on March 19, 2018 (First Presentation March 5, 2018) 3/1/2018 ZM18-01/VC18-04 PROPERTY INFORMATION ADDRESS SE Corner of Birmingham Hwy and Birmingham Road DISTRICT, LAND LOT 2/2, 379, 380, 413, 414 OVERLAY DISTRICT Birmingham Crossroads EXISTING ZONING MIX (Mixed Use) and AG-1 (Agricultural) (RZ04-116) (ZM14-03 and ZM14-04) ACRES 22.12 EXISTING USE One story block building and single family residence with accessory structures OWNER/APPLICANT OHC Birmingham LLC, Tad Braswell 5256 Peachtree Road, Suite 195 Atlanta, GA 30341 COMMUNITY DEVELOPMENT DEPARTMENT RECOMMENDATION APPROVAL – Modification of 6.c. (ZM14-03) DENIAL – Modification of Condition 2.a. (RZ04-116) DENIAL- VC18-04- PARTS 1 AND 2 INTENT A request to modify 1) RZ2004-116 condition 2.a. to the revised site plan dated February 2, 2018 and to modify 2) ZM14-03 to delete condition 6.c., the reference to the Village Green. To request a two part concurrent variance 1) To delete the 75 foot undisturbed buffer and 10 foot improvement setback along the south property line of the MIX zoning district adjacent to AG-1 (Sec. 64-1142 (a)(3)(b)) and 2) To reduce the Village Green in the Southeast Quadrant from 13,000 square feet to 12,000 square feet (Sec. 64-1324 (b)). Page 2 of 12 ZM18-01/VC18-04 - Prepared by the Community Development Department for the Mayor and City Council Meeting on March 19, 2018 (First Presentation March 5, 2018) 3/1/2018 LOCATION MAP Page 3 of 12 ZM18-01/VC18-04 - Prepared by the Community Development Department for the Mayor and City Council Meeting on March 19, 2018 (First Presentation March 5, 2018) 3/1/2018 CURRENT ZONING Page 4 of 12 ZM18-01/VC18-04 - Prepared by the Community Development Department for the Mayor and City Council Meeting on March 19, 2018 (First Presentation March 5, 2018) 3/1/2018 REVISED SITE PLAN SUBMITTED FEBRUARY 12, 2018 Page 5 of 12 ZM18-01/VC18-04 - Prepared by the Community Development Department for the Mayor and City Council Meeting on March 19, 2018 (First Presentation March 5, 2018) 3/1/2018 REVISED SITE PLAN SUBMITTED OCTOBER 28, 2004 (RZ04-116) Page 6 of 12 ZM18-01/VC18-04 - Prepared by the Community Development Department for the Mayor and City Council Meeting on March 19, 2018 (First Presentation March 5, 2018) 3/1/2018 History and Background The subject site was rezoned from C-1 (Community Business) and M-1 (Manufacturing) to MIX (Mixed Use) on November 3, 2004 by the Fulton County Board of Commissioners. This site is one corner of three corners of the Birmingham Crossroads that was zoned pursuant to RZ04-116 (subject site) and RZ04-43 (northeast and southeast corners zoned C-1 Conditional). RZ04-116/VC04-178 (November 3, 2004 - Fulton County) The final conditions approved for all three quadrants were derived from numerous meetings between the original developer, AG Armstrong and the community using the Birmingham Crossroads Plan (Amending the 2015 North Fulton Comprehensive Plan) which was approved by the Fulton County Board of Commissioners on March 3, 2004. In addition, the Birmingham Crossroads of the Northwest Fulton Overlay District was approved on March 3, 2004. This newly created overlay also guided the ultimate outcome of what was approved for the three quadrants of Birmingham Crossroads. The central premise of both the Plan and the Overlay was that the Birmingham Crossroads should be a neighborhood node consisting of 27.1 acres which at that time recommended up to 100,000 square feet of commercial uses, up to 100,000 square feet of office uses, and up to five (5) residential units per acre. Since the time of the rezoning in 2004, the northeast and southwest quadrants have been developed as approved. The southeast quadrant has remained undeveloped other than the existing structures on the 22.12 acres. ZM14-03 – June 16, 2014 At the June 16, 2014 Mayor and City Council, the applicant’s request pursuant to ZM14-03 to amend Conditions 1.c., 1.d ., 2.a., and 3.b were approved which reduced the approved density for the office, commercial retail, and eliminated the day care facility along Birmingham Road. In addition, the approved site plan replaced some of the townhouse units previously developed with single family detached homes. These amended conditions deleted the requirement for the day care facility and allowed single family detached homes, ZM14-06 – July 21, 2014 After further evaluation of the site plan, with original conditions approved pursuant to 2004Z-116 by Fulton County, Staff determined that Condition 2.d. had not been met (Staff also notes that there are two conditions numbered 2.d. and this is a typo from the Fulton County conditions). Therefore, the need to modify it to eliminate the community park and community septic system. In addition, Staff requested that Condition 2.a. be included to Page 7 of 12 ZM18-01/VC18-04 - Prepared by the Community Development Department for the Mayor and City Council Meeting on March 19, 2018 (First Presentation March 5, 2018) 3/1/2018 remove the reference to the “community waste water facility” indicated on the site plan within the AG-1 portion of the development. This modification was approved by the City Council on July 21, 2014 15RLDP-000004 - Submittal of Land Disturbance Permit (LDP) – February 20, 2015 The applicant submitted his LDP for the project to the Community Development Department on February 20, 2015 for review based on the approved site plan and conditions as discussed above. After various comments from Staff and resubmittals by the engineer, responses from the applicant’s engineer stopped and the permit appeared to be abandoned. ZM16-01 – March 21, 2016 The current owner, Mr. Tad Braswell requested a modification to the approved site plan to replace the retail buildings along Birmingham Hwy with townhomes. Staff recommended denial and the Mayor and City Council denied the request on March 21, 2016 based on the fact that it was not consistent with the Birmingham Crossroads Master Plan which contemplated this quadrant to provide a mix of uses including non-residential. 17RLDP-000004 – Submittal of Land Disturbance Permit (LDP) – August 7, 2017 The applicant submitted revised LDP plans based on the approved site plan and conditions as discussed above. Because of the length of time since the last submittal, Staff required the applicant to resubmit review fees and a new LDP number was issued. Once again, the review process of the LDP occurred with reviews by staff and re - submittals by the applicant. Staff informed the applicant in January 2018 that a Zoning Modification to the site plan as well as concurrent variances would be required to be in compliance with the RZ04-116 approved conditions and the Birmingham Crossroads Overlay District. ZM18-01/VC18-04 The applicant is requesting the following based on a revised site plan submitted on February 12, 2018. Requested Modifications to Conditions 2. To the owner’s agreement to abide by the following: a. To the revised site plan dated February 12, 2018 October 28, 2004 (Petitions 2004Z-0116 NFC and 2004Z-0043 combined) submitted to the Department of Environment and Community Development. Said site plan is conceptual only and must meet or exceed the requirements of the Zoning Ordinance Resolution and these conditions prior to the Page 8 of 12 ZM18-01/VC18-04 - Prepared by the Community Development Department for the Mayor and City Council Meeting on March 19, 2018 (First Presentation March 5, 2018) 3/1/2018 approval of a Land Disturbance Permit. Unless otherwise noted herein, compliance with all conditions shall be in place prior to the issuance of the first Certificate of Occupancy. (RZ04-116) 6. To the owner’s agreement to the following site development considerations: c. Provide a village green on the south side of Birmingham Road that shall be a minimum of 50 feet in width and a minimum of 11,500 square feet in area measured according to the current setback and an additional 1,500 square feet within the development. (ZM14-03) Requested Two Part Concurrent Variance Part 1: To delete the 75 foot undisturbed buffer and 10 foot improvement setback along the south property line of the MIX zoning district adjacent to AG-1 (Sec. 64-1142 (a)(3)(b)) Part 2: To reduce the Village Green in the Southeast Quadrant from 13,000 square f eet to 12,000 square feet (Sec. 64-1324 (b)). CZIM Meeting – February 27, 2018 The applicant was present at the meeting and there were six attendees present at the meeting. They had the following concerns regarding the zoning modification and concurrent variances: Increased traffic in the area, especially at the intersection of Birmingham Hwy and Birmingham Road. In opposition to the approval of the two concurrent variances for the buffer and reduction of the Village Green because it would be inconsistent with the Birmingham Crossroads Plan. Encouraged the developer to utilize “rural section” or alternative design for roads within the AG-1 subdivision. Analysis and Recommendation of Zoning Modifications and Concurrent Variance Part 1: To delete the 75 foot undisturbed buffer and 10 foot improvement setback along the south property line of the MIX zoning district adjacent to AG-1 (Sec. 64-1142 (a)(3)(b)) The Birmingham Crossroads Overlay District does not address buffers used to separate uses, but the Rural Milton Overlay District (previously called the Northwest Fulton Overlay District) does address this issue. The site is required to meet those development standards that are not addressed in the Birmingham Crossroads Overlay District but required in the Rural Milton Overlay. Although RZ04-116 was approved with a site plan without the Page 9 of 12 ZM18-01/VC18-04 - Prepared by the Community Development Department for the Mayor and City Council Meeting on March 19, 2018 (First Presentation March 5, 2018) 3/1/2018 required buffer shown in it, the Concurrent Variance requested pursuant to VC04-178 was only approved by the Fulton County Board of Commissioners to reduce the 75 foot buffer and 10 foot improvement setback to a 10 foot landscape strip adjacent to the east property line which abuts the electric sub-station. The minutes from the November 3, 2004 Board of Commissioner’s meeting clearly states the concurrent variance was only approved for the east property line and the south property line was not approved. Furthermore, the conditions of zoning stipulate the following in Condition 2.a.: “Said site plan is conceptual only and must meet or exceed the requirements of the Zoning Resolution and these conditions prior to the approval of a Land Disturbance Permit.” Therefore, the zoning ordinance (previously referred to as the zoning resolution in Fulton County) requirements must be met unless a concurrent variance is granted. A variance must be based upon credible evidence submitted at a public hearing compliance with 1 through 4 of the following: (1) Relief, if granted, would not offend the spirit or intent of this zoning ordinance. It is Staff’s opinion that if the requested d eletion of the buffer and improvement setback should not be approved because it would offend the intent of the zoning ordinance to provide an adequate buffer between non-residential uses and single family uses or property zoned AG-1. (2) There are such extraordinary and exceptional situations or conditions pertaining to the particular piece of property that the literal or strict application of this zoning ordinance would create an unnecessary hardship due to size, shape or topography or other extraordinary and exceptional situations or conditions not caused by the variance applicant. The required 75 foot buffer and 10 foot improvement setback does not create an unnecessary hardship due to size, shape or topography or other extraordinary and exceptional situations based on the fact that the site can still be developed with a mix of uses including commercial, office and residential. (3) Relief, if granted would not cause a substantial detriment to the public good and surrounding properties. The reduction of the buffer and improvement setback would not provide the necessary transition from the MIX (Mixed Use) development to the AG-1 single family homes to the south. (4) That the public safety, health and welfare are secured, and that substantial justice i s done. The applicant has not provided sufficient evidence that the public safety, health and welfare are secured and that substantial justice was done. Page 10 of 12 ZM18-01/VC18-04 - Prepared by the Community Development Department for the Mayor and City Council Meeting on March 19, 2018 (First Presentation March 5, 2018) 3/1/2018 Therefore, Staff recommends DENIAL of VC18-04 – Part 1. Request of Modification to ZM14-03 6. To the owner’s agreement to the following site development considerations: c. Provide a village green on the south side of Birmingham Road that shall be a minimum of 50 feet in with a minimum of 11,500 square feet in area measured according to the current setback and an additional 1,500 square feet within the development. The applicant has requested the above deletion of Condition 6.c. based on the fact that the Birmingham Crossroads Overlay District (Zoning Ordinance) requires the Village Green on the SE Quadrant be a minimum of 13,000 square feet in size. Staff recommends APPROVAL of the deletion of 6.c (ZM14-03) in order for the correct method for the request for a reduction in size of the Village Green be a Concurrent Variance. The applicant has requested the concurrent variance pursuant to VC18-04 – Part 2 which is discussed below. Part 2: To reduce the Village Green in the Southeast Quadrant from 13,000 square feet to 12,000 square feet (Sec. 64-1324 (b)). It is Staff’s opinion that the applicant can re-design his site plan to meet the minimum required 13,000 square foot Village Green that is required within the Birmingham Crossroads Overlay District as well as recommended in the Birmingham Plan within the southeast quadrant of the Crossroads. The Village Green consisting of 13,000 square feet in area is an integral part of the overall Crossroads Overlay District and to reduce the size is inconsistent with the Birmingham Crossroads Plan. A variance must be based upon credible evidence submitted at a public hearing compliance with 1 through 4 of the following: (1) Relief, if granted, would not offend the spirit or intent of this zoning ordinance. It is Staff’s opinion that if the requested reduction in size of the Village Green from 13,000 square feet to 12,000 square feet should not be approved because it would offend the requirements of the Birmingham Crossroads Overlay District. (2) There are such extraordinary and exceptional situations or conditions pertaining to the particular piece of property that the literal or strict application of this zoning ordinance would create an unnecessary hardship due to size, shape or topography or other extraordinary and exceptional situations or conditions not caused by the variance applicant. Page 11 of 12 ZM18-01/VC18-04 - Prepared by the Community Development Department for the Mayor and City Council Meeting on March 19, 2018 (First Presentation March 5, 2018) 3/1/2018 The required 13,000 square foot Village Green does not create an unnecessary hardship due to size, shape or topography or other extraordinary and exceptional situations based on the fact that the site can still be developed with the required Village Green. (3) Relief, if granted would not cause a substantial detriment to the public good and surrounding properties. The reduction in size of the Village Green will cause a substantial detriment to the public good and surrounding properties based on the fact that it is not in conformance with the Overlay District and Birmingham Crossroads Plan. (4) That the public safety, health and welfare are secured, and that substantial justice is done. The applicant has not provided sufficient evidence that the public safety, health a nd welfare are secured and that substantial justice was done. Therefore, Staff recommends DENIAL of VC18-04 – Part 2. Request of Modification to RZ05-116 2. To the owner’s agreement to abide by the following: a. To the revised site plan dated February 12, 2018 October 28, 2004 (Petitions 2004Z-0116 NFC and 2004Z-0043 combined) submitted to the Department of Environment and Community Development. Said site plan is conceptual only and must meet or exceed the requirements of the Zoning Ordinance Resolution and these conditions prior to the approval of a Land Disturbance Permit. Unless otherwise noted herein, compliance with all conditions shall be in place prior to the issuance of the first Certificate of Occupancy. (RZ04-116) Based on the fact that Staff recommends Denial of the Concurrent Variance, Parts 1 and 2, therefore, Staff recommends DENIAL of the Modification of Condition 2.a. as referenced above. If the Mayor and City Council choose to approve the above requested Zoning Modification and Two Part Concurrent Variance, S taff has provided the Recommended Conditions below. In addition, if Condition 2.a. is approved, Staff recommends that the applicant reflect the number and size of commercial buildings adjacent to Birmingham Hwy. The previously approved site plan in 2014 indicated two buildings on the north side of the entrance and one building on the south side of the project entrance off of Birmingham Hwy. Page 12 of 12 ZM18-01/VC18-04 - Prepared by the Community Development Department for the Mayor and City Council Meeting on March 19, 2018 (First Presentation March 5, 2018) 3/1/2018 RECOMMENDED CONDITIONS Should the Mayor and City Council approve this petition, the recommended conditions should be revised to read as follows: 2. To the owner’s agreement to abide by the following: a. To the revised site plan dated February 12, 2018 October 28, 2004 (Petitions 2004Z-0116 NFC and 2004Z-0043 combined) submitted to the Department of Environment and Community Development. Said site plan is conceptual only and must meet or exceed the requirements of the Zoning Ordinance Resolution and these conditions prior to the approval of a Land Disturbance Permit. Unless otherwise noted herein, compliance with all conditions shall be in place prior to the issuance of the first Certificate of Occupancy. (RZ04-116) 6. To the owner’s agreement to the following site development considerations: c. Provide a village green on the south side of Birmingham Road that shall be a minimum of 50 feet in width and a minimum of 11,500 square feet in area measured according to the current setback and an additional 1,500 square feet within the development. (ZM14-03) q. To delete the 75 foot undisturbed buffer and 10 foot improvement setback along the south property line of the MIX zoning district adjacent to AG-1. (VC18-04 – Part 1) r. The Village Green in the Southeast Quadrant shall be a minimum of 12,000 square feet. (VC18-04 – Part 2) ORDINANCE NO. PETITION NO. ZM18-01/VC18-04 STATE OF GEORGIA COUNTY OF FULTON AN ORDINANCE TO MODIFY CONDITION(S) OF A RESOLUTION BY THE FULTON COUNTY BOARD OF COMMISSIONERS APPROVING PETITION RZ04-116 ON NOVEMBER 3, 2004, AND CONDITION OF AN ORDINANCE ZM14-03 BY THE CITY OF MILTON CITY COUNCIL ON JUNE 16, 2014 FOR PROPERTY LOCATED ON BIRMINGHAM HWY (SR 372) AND BIRMINGHAM ROAD WITHIN LAND LOTS 379, 380, 413, 414, 2ND DISTRICT 2ND SECTION CONSISTING OF APPROXIMATELY 22.12 ACRES. BE IT ORDAINED by the City Council for the City of Milton, Georgia while in regular session on March 19, 2018 at 6:00 p.m. as follows: SECTION 1. That the condition of a resolution by the Fulton County Board of Commissioners, approved on November 3, 2004, for petition RZ04-116 that approved a zoning to MIX (Mixed Use) and AG-1 Conditional and condition of an ordinance ZM14- 03 by the City of Milton City Council on June 16, 2014 property located on Birmingham Hwy (SR 372) and Birmingham Road consisting of a total of approximately 22.12 acres, attached hereto and made a part herein; SECTION 2. That the property shall be developed in compliance with the conditions of approval as attached to this ordinance. Any conditions hereby approved (including any site plan) do not authorize the violation of any district regulations; and SECTION 3. That all ordinances or part of ordinances in conflict with the terms of this ordinance are hereby repealed; and SECTION 4. This Ordinance shall become effective upon adoption by the Mayor and City Council and the signature of approval of the Mayor. ORDAINED this 19th day of March, 2018. Approved: ______________________ Joe Lockwood, Mayor Attest: ___________________________ Sudie Gordon, City Clerk (Seal) Should the Mayor and City Council approve this petition, the recommended conditions should be revised to read as follows: 2. To the owner’s agreement to abide by the following: a. To the revised site plan dated February 12, 2018 October 28, 2004 (Petitions 2004Z-0116 NFC and 2004Z-0043 combined) submitted to the Department of Environment and Community Development. Said site plan is conceptual only and must meet or exceed the requirements of the Zoning Ordinance Resolution and these conditions prior to the approval of a Land Disturbance Permit. Unless otherwise noted herein, compliance with all conditions shall be in place prior to the issuance of the first Certificate of Occupancy. (RZ04-116) 6. To the owner’s agreement to the following site development considerations: c. Provide a village green on the south side of Birmingham Road that shall be a minimum of 50 feet in width and a minimum of 11,500 square feet in area measured according to the current setback and an additional 1,500 square feet within the development. (ZM14- 03) q. To delete the 75 foot undisturbed buffer and 10 foot improvement setback along the south property line of the MIX zoning district adjacent to AG-1. (VC18-04 – Part 1) r. The Village Green in the Southeast Quadrant shall be a minimum of 12,000 square feet. (VC18-04 – Part 2) REVISED SITE PLAN SUBMITTED ON FEBRUARY 12, 2018 TO: FROM: AGENDA ITEM: MEETING DATE: M11TON'Ir ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM City Council DATE: March 9, 2018 Steven Krokoff, City Manager a) Consideration of RZ18-02 -To amend Article XIX Crabapple Form Based Code to amend Table 8A Building Function Monday, March 19, 2018 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (.APPROVED (J NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: (.�%ES () NO CITY ATTORNEY REVIEW REQUIRED: (1YES () NO APPROVAL BY CITY ATTORNEY: (,�IA PPROVED (J NOT APPROVED PLACED ON AGENDA FOR: o 3012° 1 4 2006 Heritage Walk Milton, GA P: 678.242.2500 1 F: 678.242.2499 infoQcityofmiltonga.us I www.cityofmiltonga.us To: Honorable Mayor and City Council From: Kathleen Field, Community Development Director Re: Text Amendment – RZ18-02 – Article XIX – Crabapple Form Based Code to amend Table 8A Date: March 1, 2018 for the March 19, 2018 Mayor and City Council Meeting (First Presentation on March 5, 2018, City Council Workshop on March 12, 2018) Department Recommendation: The Community Development Department recommends approval of the proposed text amendment. Executive Summary: The purpose of this text amendment is to amend the T-4 Transect Zone within the Crabapple Form Based Code (Table 8A) to allow additional office uses, not just on the ground floor as currently written. It is Staff’s opinion that office should not be limited to the first floor with the other approved uses in the T-4 transect zone such as retail and restaurants at corner buildings. Office uses will serve to provide a suitable transition of uses from residential to commercial as well as promote a live, work, play downtown village in Crabapple. Staff notes that restrictions will remain for T-4 Restricted transect zones as currently written. Results of the February 28, 2018 Planning Commission Meeting The Planning Commission voted 4-2 (Commissioners Moore and Bittner voting in the negative) to approve the proposed text amendment as recommended by Staff. Legal Review: Paul Frickey - Jarrard & Davis (February, 2018) Attachment(s): Text Amendment to Article XIX – Crabapple Form Based Code and ordinance. RZ18-02 – Text Amendment prepared for the City of Milton Mayor and City Council Meeting on March 19, 2018 (First Presentation on March 5, 2018) 3/1/2018 Formatted: Font: Bold TABLE 8A: - Building Function. This table categorizes Building functions within Transect Zones. For Specific Function and Use permitted by Right, by Warrant, or by Use Permit, see Table 9. T2 T3 T4 - In T4-Restricted, Lodging, Office and Retail Functions are prohibited. In T4-Open, T5 Function regulations apply T5 a. RESIDENTIAL Restricted Residential: The number of dwellings on each Lot is restricted to one within a Principal Building and one within an Accessory Building. Both dwellings shall be under single ownership. The habitable area of the Accessory Unit shall not exceed 440 sf, excluding the parking area. Limited Residential: The number of dwellings on each Lot is unlimited within One Principle Building except by form-based standards elsewhere in this Code, and limited to one unit within an Accessory Building. All dwelling units shall be under single ownership. The habitable area of the Accessory Unit shall not exceed 440 sf, excluding the parking area. Open Residential: The number of dwelling units and buildings on each lot is unlimited except by form-based standards elsewhere in this Code. b. LODGING Restricted Lodging: Up to two bedrooms for lodging is permitted on each lot. The lot must be owner occupied. Food service may be provided in the a.m. The maximum length of stay shall not exceed ten days. Limited Lodging: Up to three bedrooms for lodging is permitted on each lot, restricted to two bedrooms in an Accessory Building. The lot must be owner occupied. Food service may be provided in the a.m. The maximum length of stay shall not exceed ten days. Lodging Functions are prohibited in T4-Restricted. Open Lodging: Unlimited bedrooms for lodging is permitted on each lot. Food service may be provided at all times. c. OFFICE Restricted Office: Office use is restricted to home occupations by the owner, with no more than one employee. Limited Office: The building area available for office use on each Lot is unlimited. to the first Story of the Principal Building and/or the Accessory Building, and by the requirement of 3.0 assigned parking places per 1,000 square feet of net office space in addition to the parking requirement for each dwelling. Office Functions are Open Office: The building area available for office use on each Lot is limited by the requirement of 2.0 assigned parking places per 1,000 square feet of net RZ18-02 – Text Amendment prepared for the City of Milton Mayor and City Council Meeting on March 19, 2018 (First Presentation on March 5, 2018) 3/1/2018 Formatted: Font: Bold prohibited in T4-Restricted. office space. d. RETAIL Prohibited Retail: Retail is not permitted. Limited Retail: The building area available for Retail use is limited to the first story of buildings at corner locations, not more than one per block. The specific use shall be further limited to neighborhood store, or food service seating no more than 30. Retail Functions are prohibited in T4-Restricted. Open Retail: The building area available for Retail use is unlimited on the first floor and available to upper stories by Warrant. e. CIVIC See Table 9 See Table 9 See Table 9 f. OTHER See Table 9 See Table 9 See Table 9 ( Ord. No. 15-04-242 , § 1, 4-27-2015) STATE OF GEORGIA ORDINANCE____ COUNTY OF FULTON RZ18-02 AN ORDINANCE TO AMEND ARTICLE XIX OF CHAPTER 64 – CRABAPPLE FORM BASED CODE TO AMEND TABLE 8A BUILDING FUNCTION. BE IT ORDAINED by the City Council of the City of Milton, GA while in a regularly called council meeting on March 19, 2018 6:00 p.m. as follows: SECTION 1. That the amendment of Article XIX, Table 8A Building Function in the City of Milton Zoning Ordinance is hereby adopted and approved; and is attached hereto as if fully set forth herein, and; SECTION 2. All ordinances, parts of ordinances, or regulations in conflict herewith are repealed. SECTION 3. That this Ordinance shall become effective upon its adoption. ORDAINED this the 19th day of March, 2018. ____________________________________ Joe Lockwood, Mayor Attest: ___________________________ Sudie AM Gordon, City Clerk NO M I LTO N'lt ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: March 9, 2018 FROM: Steven Krokoff, City Managea' AGENDA ITEM: Consideration of RZ18-03 -To amend Article XIX Crabapple Form Based Code to amend Table 9 Specific Function. MEETING DATE: Monday, March 19, 2018 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: (,,�IAPPROVED (J NOT APPROVED PLACED ON AGENDA FOR: ", )11)1-016- 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 From: Kathleen Field, Community Development Director Re: Text Amendment – RZ18-03 – Article XIX – Crabapple Form Based Code to amend Table 9 Date: March 1, 2018 for the March 19, 2018 Mayor and City Council Meeting (First Presentation on March 5, 2018, City Council Workshop on March 12, 2018) Department Recommendation: The Community Development Department recommends approval of the proposed text amendment. Executive Summary: The purpose of this text amendment is to amend the T-4 Transect Zone within the Crabapple Form Based Code (Table 9) to allow additional office uses, not just on the ground floor as currently written. It is Staff’s opinion that office should not be limited to the first floor with the other approved uses in the T -4 transect zone such as retail and restaurants at corner buildings. Office uses will serve to provide a suitable transition of uses from residential to commercial as well as promote a live, work, play downtown village in Crabapple. Staff notes that restrictions will remain for T-4 Restricted transect zones as currently written. Results of the February 28, 2018 Planning Commission Meeting The Planning Commission voted 4-2 (Commissioners Moore and Bittner voting in the negative) to approve the proposed text amendment as recommended by Staff. Legal Review: Paul Frickey - Jarrard & Davis (February, 2018) Attachment(s): Text Amendment to Article XIX – Crabapple Form Based Code and ordinance. RZ18-03 – Text Amendment prepared for the City of Milton Mayor and City Council Meeting on March 19, 2018 (First Presentation on March 5, 2018) 3/1/2018 TABLE 9: - Specific Function and Use. This table expands the categories of Table 8 to delegate specific Functions and uses within Transect Zones. R: ALLOWED BY RIGHT W: ALLOWED BY WARRANT U: ALLOWED BY USE PERMIT a. RESIDENTIAL 1 T2 T3 T4-R 2 T4 T4-O 3 T5 Apartment U U U Loft Apartment U R R Neighborhood Apartment U R R Live/Work Unit R R R R Row House R R R R Duplex House R R R R Courtyard House R R R R Sideyard House R R R R R Cottage R R R R House R R R R R Accessory Unit R R R R R b. LODGING Motel, Hotel R R Bed & Breakfast Inn U U R R R School Dormitory R R R RZ18-03 – Text Amendment prepared for the City of Milton Mayor and City Council Meeting on March 19, 2018 (First Presentation on March 5, 2018) 3/1/2018 c. OFFICE Office R R R Radio and Television Station Live/Work Unit R R R R d. RETAIL Open-Market Structure R R R R R General Retail R R R Pawn Shop General Service R R R Artist Studio U U U Restaurant R R R Kiosk R R R Drive-Through Facility 7 U U Push Cart W W Liquor Selling Establishment W W Self Service Laundromat R R Laundry and Dry Cleaning Shop R R Bank/Financial Institution R R Formatted: Highlight RZ18-03 – Text Amendment prepared for the City of Milton Mayor and City Council Meeting on March 19, 2018 (First Presentation on March 5, 2018) 3/1/2018 Bail Bondsmen Check Cashing Establishment Adult Entertainment Fortune Telling Establishment Massage Parlor, Pool Hall, Escort and Dating Services, Tattoo and Body Piercing Establishment e. CIVIC Bus Shelter R R R R R R Convention Center Conference Center W W Fountain or Public Art R R R R R R Library R R R Theater U U Indoor Commercial Amusement R R Outdoor Commercial Amusement W W Museum R R Assembly Hall, Indoor Auditorium U U RZ18-03 – Text Amendment prepared for the City of Milton Mayor and City Council Meeting on March 19, 2018 (First Presentation on March 5, 2018) 3/1/2018 T2 T3 T4-R 2 T4 T4-O 3 T5 Gymnasium R R Outdoor Auditorium W R R R R Parking Structure R R Passenger Terminal Playground R R R R R R Sports Stadium Surface Parking Lot W W W Places of Worship U U U U U U Grain Storage R Livestock Pen W Greenhouse R W Stable R W Veterinary Clinic/Hospital, Kennel (with inside pens) W W Kennel with Outside Pens U U Pet Grooming 9 R R f. OTHER: AUTOMOTIVE Gasoline Station 4 W W RZ18-03 – Text Amendment prepared for the City of Milton Mayor and City Council Meeting on March 19, 2018 (First Presentation on March 5, 2018) 3/1/2018 Service Station Automotive Garage, Repair Garage R R Automotive and Light Truck Sales/Leasing W Car Wash 5 R R Drive-Through Facility 6 U U Roadside Stand R R R R f. OTHER: CIVIL SUPPORT Fire Station R R R R R R Police Station R R R R Cemetery U U U Funeral Home R R Hospital Medical Office, Clinic R R Assisted Living, Convalescent Home, Personal Care Home, Nursing Home, Hospice R R f. OTHER: EDUCATION School of Business, Dance, Music or Similar W W College U U U U U RZ18-03 – Text Amendment prepared for the City of Milton Mayor and City Council Meeting on March 19, 2018 (First Presentation on March 5, 2018) 3/1/2018 High School U U U U U Trade School U U U U U Elementary School U U U U U Childcare Center 7 U U U U U f. OTHER: INDUSTRIAL Heavy Industrial Facility Light Industrial Facility W Manufacturing W Catering R R Laundry and Dry Cleaning Distribution Center R Research Laboratory W Water Supply Facility Sewer and Waste Facility Electric Substation W W W W W W Telecommunications See Sec. 54 of the Code of the City of Milton Cremation Facility Warehouse Landscaping, Lawn Service R R Produce Storage RZ18-03 – Text Amendment prepared for the City of Milton Mayor and City Council Meeting on March 19, 2018 (First Presentation on March 5, 2018) 3/1/2018 Recycling Center 8 W Mini-Storage 1. This table notwithstanding, all senior housing shall comply with Sec. 64 -1834(a). 2. T4-Restricted. 3. T4-Open. 4. See Sec. 4.14 for additional requirements. 5. Includes both principal and accessory car was hes. 6. Drive-through facilities are considered accessory to a Retail or Automotive Function. 7. See Sec. 64-1809 for additional requirements. 8. Collection only. 9. No overnight stay. ( Ord. No. 15-04-242 , § 1, 4-27-2015) STATE OF GEORGIA ORDINANCE____ COUNTY OF FULTON RZ18-03 AN ORDINANCE TO AMEND ARTICLE XIX OF CHAPTER 64 – CRABAPPLE FORM BASED CODE TO AMEND TABLE 9 SPECIFIC FUNCTION. BE IT ORDAINED by the City Council of the City of Milton, GA while in a regularly called council meeting on March 19, 2018 6:00 p.m. as follows: SECTION 1. That the amendment of Article XIX, Table 9 Specific Function in the City of Milton Zoning Ordinance is hereby adopted and approved; and is attached hereto as if fully set forth herein, and; SECTION 2. All ordinances, parts of ordinances, or regulations in conflict herewith are repealed. SECTION 3. That this Ordinance shall become effective upon its adoption. ORDAINED this the 19th day of March, 2018. ____________________________________ Joe Lockwood, Mayor Attest: ___________________________ Sudie AM Gordon, City Clerk TO: FROM: I�LTO ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM City Council DATE: March 9, 2018 Steven Krokoff, City Manager AGENDA ITEM: Consideration of a Resolution of the City of Milton, Georgia, Approving a Release, Acknowledgment and Indemnity Agreement In Connection with Third Party Use of A Mobile Fire Training Facility. MEETING DATE: Monday, March 19, 2018 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: (,,kYES () NO APPROVAL BY CITY ATTORNEY: (,4APPROVED () NOT APPROVED PLACED ON AGENDA FOR: 03/19/101t 2006 Heritage Walk Milton, GA P: 678.242.25001 F: 678.242.2499 infoQcityofmiltonga.us I www.cityofmiltonga.us 0000 To: Honorable Mayor and City Council Members From: Robert Edgar, Fire Chief Date: Submitted on March 5, 2018 for the March 19, 2018 Regular Council Meeting Agenda Item: Consideration of a Resolution of the City of Milton, Georgia, Approving a Release, Acknowledgment and Indemnity Agreement in Connection with Third Party Use of a Mobile Fire Training Facility _____________________________________________________________________________________ Department Recommendation: Approve the creation of a release, acknowledgement, and indemnity agreement for third party use of the mobile fire training facility. Executive Summary: The release, acknowledgement, and indemnity agreement for third party use of the mobile fire training facility is intended for use when non-fire department employees conduct training, exercises, or other department-approved activities in the facility. There are several occasions in which it may be beneficial for non-city employees to use the trailer, including (but not limited to) a citizens government academy program or the community emergency response team (CERT) training and outside agency training. This form was created as a waiver and acknowledgement for indemnification purposes. Funding and Fiscal Impact: There is no immediate fiscal impact associated with approval of this document. Alternatives: The alternative to this disallow outside use of the facility. Legal Review: Sam P. VanVolkenburgh, Esq., Jarrard & Davis, LLP February 28, 2017 Concurrent Review: Steve Krokoff, City Manager Attachment(s): Proposed agreement Enabling resolution STATE OF GEORGIA RESOLUTION NO. COUNTY OF FULTON A RESOLUTION OF THE CITY OF MILTON, GEORGIA APPROVING A RELEASE, ACKNOWLEDGMENT AND INDEMNITY AGREEMENT IN CONNECTION WITH THIRD PARTY USE OF A MOBILE FIRE TRAINING FACILITY WHEREAS, Section 1.12, paragraphs (a) and (b)(7), of the Charter of the City of Milton, Georgia (“City”) generally empowers the City to enter into contracts in furtherance of governmental operations and the provision of authorized services, and Section 1.12, paragraph (b)(27), of the Charter empowers the City to provide fire protection services; and WHEREAS, Article IX, Section III, Paragraph I of the Georgia Constitution allows the City to contract with other public entities for joint use of facilities; and WHEREAS, the City of Milton Fire-Rescue Department has procured a mobile fire training facility and wishes to allow outside agencies and civilians (collectively “Third-Party Users”) to use the facility, subject to the Third-Party Users’ agreement to release and indemnification terms protective of the City; WHEREAS, the City of Milton Fire-Rescue Department and the City Attorney have prepared a Release, Acknowledgement and Indemnity Agreement that each Third-Party User will be required to execute as a condition of access to the mobile fire training facility; and WHEREAS, the City Council desires that the Release, Acknowledgement and Indemnity Agreement constitute a binding contract with each Third-Party User, without the need for separate approval of each executed agreement by the City Council; NOW, THEREFORE IT IS HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF MILTON, GEORGIA that: 1. The City hereby approves the form of the Release, Acknowledgment and Indemnity Agreement attached hereto as Exhibit A, and authorizes the staff of the Fire-Rescue Department to use the same in connection with its citizen training programs. 2. The approval provided herein is intended to satisfy the approval requirements set forth in Section 6.30 of the City Charter and any other approval requirements imposed by law that may be required to render the Release, Acknowledgement and Indemnity Agreement a binding contract. This Resolution shall be effective upon a majority vote by the City Council as ratified by the Mayor of the City of Milton, Georgia. SO RESOLVED, this 19th day of March, 2018. ______________________ Attest: Joe Lockwood, Mayor ______________________________ Sudie Gordon, City Clerk Exhibit “A” MILTON FIRE-RESCUE DEPARTMENT RELEASE, ACKNOWLEDGEMENT AND INDEMNITY AGREEMENT In consideration of being allowed to use the City of Milton Mobile Fire Training Facility (the “Facility”), I agree as follows: I, _____________________________________________ acknowledge that use of the Facility may involve exposure to fire and other inherently dangerous hazards and may require good physical conditioning and a degree of skill and knowledge. I assume the risks of using the Facility, which include, but are not limited to, serious personal injury, partial or permanent disability, property damage, and death. To the full extent allowed by law, I do hereby release, discharge, covenant not to sue, and agree to defend, indemnify and hold harmless, the City of Milton and the Milton Fire-Rescue Department and their officers, employees, agents, attorneys, insurers, and representatives (each a “Milton Party”) from and against any and all demands, claims, payments, obligations, actions or cause of action, losses, damages, penalties, fines, liabilities, costs, and expenses that arise out of my use of the Facility, including without limitation all loss and damage arising from any property damage, injury or claim of injury to, or death of, any person, including any agents of a Milton party, and even if a Milton Party is the sole caus e. This Agreement will be governed by Georgia law, will be interpreted to comply with the requirements of Georgia public policy, and to the extent required by law will not serve as a release for willful or wanton conduct or gross negligence by a Milton Party. Should any part of this Agreement be found illegal, invalid or unenforceable, the offending portion of the Agreement should be modified, and the remainder of this Agreement will remain in full force and effect to the extent possible as if this Agreement had been executed with the invalid portion modified to conform to the law. This Agreement supersedes and replaces any previous agreements and oral communications between any Milton Party and me. This Agreement will bind my heirs, successors, assigns, executors/administrators, subrogates, and anyone else that may claim by, through, or on behalf of me. I certify that I have read, understand, and voluntarily accept the terms above. ________________________________________ ______________________________________ Print Name Signature ________________________________________ Date ________________________________________ Witness Signature This Agreement has been approved as to form by the City Attorney. TO: FROM: MILTON"It ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM City Council DATE: March 15, 2018 Steven Krokoff, City Manager AGENDA ITEM: Consideration of a Resolution of the City of Milton Authorizing Reimbursement of Expenditures Related to Acquisition, Construction and Equipping Police Station, Court Facility and Fire Stations with Bond Proceeds. MEETING DATE: Monday, March 19, 2018 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 () NO CITY ATTORNEY REVIEW REQUIRED: (YES () NO APPROVAL BY CITY ATTORNEY: (,KAPPROVED (J NOT APPROVED PLACED ON AGENDA FOR: C' 3 I r) 11 c1 2006 Heritage Walk Milton, GA P: 678.242.25001 F: 678.242.2499 infoQcityofmiltonga.us I www.cityofmiltonga.us 0000 To: Honorable Mayor and City Council Members From: Stacey Inglis, Assistant City Manager Date: Submitted on March 15, 2018 for the March 19, 2018 Regular City Council Meeting Agenda Item: Consideration of a Resolution of the City of Milton Authorizing Reimbursement of Expenditures Related to Acquisition, Construction and Equipping Police Station, Court Facility and Fire Stations with Bond Proceeds Department Recommendation: The recommendation is to approve the resolution as presented. Executive Summary: The City of Milton intends to seek bond financing for the construction of the police, court and fire facilities on Highway 9 and a fire station on Thompson Rd to replace the current structure. While we are preparing to go through the bond issuance process, we will also be moving forward with the design and construction of the facilities and will incur expenses that the city will pay along the way. The resolution presented allows for the bond proceeds to reimburse the city for expenses incurred for the projects. Funding and Fiscal Impact: Bond issuance of $17 million and expenditures related to construction of the public safety facilities. Alternatives: No alternatives Legal Review: Approved by Roger Murray, bond counsel, on 3/15/18 Approved by Ken Jarrard on 3/15/18 Concurrent Review: Steven Krokoff, City Manager Attachment: Resolution STATE OF GEORGIA COUNTY OF FULTON RESOLUTION NO. RESOLUTION OF THE CITY OF MILTON AUTHORIZING REIMBURSEMENT OF EXPENDITURES RELATED TO ACQUISITION, CONSTRUCTION AND EQUIPPING POLICE STATION, COURT FACILITY AND FIRE STATIONS WITH BOND PROCEEDS WHEREAS, the City of Milton, Georgia (the “City”) intends to acquire, construct and equip buildings that will house a police station, fire stations and a courthouse (collectively, the “Project”); and WHEREAS, the City also intends to finance all or a portion of the costs of the Project with the proceeds of tax-exempt obligations (the “Bonds”) to be issued by the City or an authority on behalf of the City; and WHEREAS, the City also intends to pay for a portion of the costs of the Project prior to the issuance of the Bonds; and WHEREAS, the City may reimburse itself with Bond proceeds for the costs of the Project paid by it prior to the issuance of the Bonds. NOW, THEREFORE, be it resolved by the Mayor and Council of the City, and it is hereby resolved by the same, as follows: 1. The City reasonably expects to reimburse itself with Bond proceeds for the costs of the Project paid by it prior to the issuance of the Bonds to the extent permitted by Section 1.150-2 of the Income Tax Regulations. 2. The maximum principal amount of debt which the City presently expects to be issued relating to the Project is currently estimated to be $17,000,000. Adopted this 19th day of March, 2018. CITY OF MILTON, GEORIGA __________________________________ Mayor (SEAL) Attest: _____________________________ Clerk CLERK’S CERTIFICATE The undersigned Clerk of the City of Milton, Georgia (the “City”) DOES HEREBY CERTIFY that the foregoing pages of typewritten matter constitute a true and correct copy of a resolution adopted by the City, at a meeting which was duly called and assembled on the 19th day of March, 2018, at which meeting a quorum was present and acting throughout, and that the original of said resolution appears in the minute book of the City which is in my custody and control. WITNESS my hand this 19th of March, 2018. ___________________________________ Clerk