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Agenda Packet - CC - 09/09/2019
Page 1 of 6 Joe Lockwood, Mayor CITY COUNCIL Peyton Jamison Matt Kunz Laura Bentley Carol Cookerly Joe Longoria Rick Mohrig CITY COUNCIL CHAMBERS City Hall Monday, September 9, 2019 Regular Council Meeting Agenda 6:00 PM INVOCATION – Sarah LaDart 1)CALL TO ORDER 2)ROLL CALL 3)PLEDGE OF ALLEGIANCE (Led by Mayor Joe Lockwood) 4)APPROVAL OF MEETING AGENDA (Add or remove items from the agenda) (Agenda Item No. 19-183) 5)PUBLIC COMMENT (General) MILTON CITY COUNCIL REGULAR COUNCIL MEETING SEPTEMBER 9, 2019 Page 2 of 6 6) CONSENT AGENDA 1. Approval of the August 5, 2019 City Council Meeting Minutes. (Agenda Item No. 19-184) 2. Approval of a Memorandum of Understanding between the City of Milton and Stonecreek Church for the Temporary Placement of a Tornado Siren. (Agenda Item No. 19-185) (Matt Marietta, Deputy Fire Chief & Emergency Manager) 3. Approval of a Contract between the City of Milton and Crabapple Green, LLC for “Meet Me in Milton” on October 26. (Agenda Item No. 19-186) (Sarah LaDart, Economic Development Manager) 4. Approval of a Construction Services Agreement between the City of Milton and DAF Concrete, Inc. for the Repair and Replacement of Concrete Sidewalk, Curb and Gutter and ADA Ramps. (Agenda Item No. 19-187) (Robert Drewery, Public Works Director) 5. Approval of an Agreement between the City of Milton and Crabapple Merchant Association Regarding Responsibilities and Obligations Related to the Co-Hosting of Crabapple Fest. (Agenda Item No. 19-188) (Courtney Spriggs, Community Outreach Manager) 6. Approval of an Agreement between the City of Milton and Premier Events for Event Management Services for Crabapple Fest 2019. (Agenda Item No. 19-189) (Courtney Spriggs, Community Outreach Manager) 7. Approval of an Agreement between the City of Milton and New Providence, LLC Regarding Event Sponsorship Including Use of Lecoma Trace for Crabapple Fest. (Agenda Item No. 19-190) (Courtney Spriggs, Community Outreach Manager) 8. Approval of a Contract Assignment Agreement between Integrity Supervision Services, LLC and Professional Probation Services, Inc. (Agenda Item No. 19-191) (Brooke Lappin, Municipal Court Clerk) MILTON CITY COUNCIL REGULAR COUNCIL MEETING SEPTEMBER 9, 2019 Page 3 of 6 9. Approval of a Professional Services Agreement between the City of Milton and Tunnell, Spangler & Associates, Inc. to Research and Develop an Ordinance to Create an Equestrian/Agricultural Friendly Land Use Practices. (Agenda Item No. 19-192) (Parag Agrawal, Community Development Director) 10. Approval of the Following Subdivision Plat and Revisions: Name of Development / Location Action Comments / # lots Total Acres Density 1. Brenda & Michael Ely LL 690 14503 & 14505 Cogburn Rd. Minor Plat Lot reconfiguration / 2 existing Lots 2.321 0.86 Lots / acre (Agenda Item No. 19-193) (Parag Agrawal, Community Development Director) 7) REPORTS AND PRESENTATIONS 1. Proclamation Recognizing Suicide Prevention. (Presented by Mayor Joe Lockwood) 8) FIRST PRESENTATION 1. Consideration of an Ordinance for the Budget Amendments to the General Fund of the City of Milton for the Fiscal Year 2019 and Discussion of the Use of Additional Occupational Tax Revenue. (Agenda Item No. 19-194) (Bernadette Harvill, Finance Director) 2. Consideration of an Ordinance of the Mayor and Council of the City of Milton, Georgia, to Adopt the Fiscal 2020 Budget for Each Fund of the City of Milton, Georgia Appropriating the Amounts Shown In Each Budget as Expenditures, Adopting the Several Items of Revenue Anticipations, Prohibiting Expenditures to Exceed Appropriations, and Prohibiting Expenditures to Exceed Actual Funding Available. (Agenda Item No. 19-195) (Discussed at the August 12, 2019 City Council Work Session) (Bernadette Harvill, Finance Director) MILTON CITY COUNCIL REGULAR COUNCIL MEETING SEPTEMBER 9, 2019 Page 4 of 6 3. ZM19-01/VC19-02 - 850 and 875 Hickory Flat Road (Matildas under the Pines) by Old Crossroads Properties, LLC (Curtis Mills) with existing zoning of AG-1 and C-1 (U18-07/VC18-06). To modify conditions: 2) To the owner’s agreement to abide by the following: a. Substantial compliance with the Site Plan received by the Community Development Department on March 29, 2018 June 25, 2019, and whereby the exact layout of the project may contain minor deviations approved by the Community Development Director provided the deviations remain consistent with the purpose and intent of the Council’s approval of the Use Permit. Notwithstanding the contents of the site plan, the project must meet or exceed the requirements of the Zoning Ordinance, all other applicable city ordinances and these conditions. The site plan may be revised with the approval of the Community Development Director in order to comply with city codes and zoning conditions. Unless otherwise noted herein, compliance with all conditions shall be in place prior to the issuance of the first Certificate of Occupancy. (The site plan change date reflects the proposed additional parking within the 100-foot power easement, overflow parking along the east property line, location of graded aggregate base reduced “assembly area”, approximate location of septic system for restaurant, and proposed permanent bathrooms.) 3) To the owner's agreement to the following use requirements: a. Months, Days and hours of operation shall be limited to the following: i. Friday and/or Saturday within each week. ii. Hours of operation shall be from 7:00 p.m. to 11:00 p.m. iii. May lst through October 31st with no more than 30 events to include two events approved through a special event permit not to exceed 250 300 people in attendance which must include one off-duty police officer. b. There shall be no more than 200 250 attendees at any given time for each concert/performance. MILTON CITY COUNCIL REGULAR COUNCIL MEETING SEPTEMBER 9, 2019 Page 5 of 6 4) To the owner's agreement to the following site development considerations: d. The maximum noise permitted measured at all the adjacent property lines. the following property lines where a residential use is located; West 421.59 feet and North 201.71 feet shall not exceed 75 dBa continuous sound on Fridays or Saturdays between the hours of 7:00 p.m. and 11:00 p.m. (VC18-06, Part 3) (This request is to clarify the approved 75 dBa continuous sound at all adjacent property lines at the June 18, 2018 public hearing and does not increase the permitted sound levels for Matildas) and request a 4 part concurrent variance for the following: 1) Sec. 64- 212(6) – To allow the fence adjacent to Hickory Flat Road to be located at the right-of-way; 2) Sec. 64-1317(f) – To delete the landscape islands for the proposed parking lot within the 100-foot-wide transmission line; 3)Sec. 64-1346(b) – To increase the rural section building maximum setback from 20 feet to 430 feet for the proposed bathroom building; 4) Sec. 64-1323(c) – To allow the parking lot to be in one large area for the proposed parking lot within the 100-foot-wide transmission line. (Agenda Item No. 19-196) (Parag Agrawal, Community Development Director) 9) PUBLIC HEARING 1. Consideration of an Ordinance for the Budget Amendments to the General Fund of the City of Milton for the Fiscal Year 2019 and Discussion of the Use of Additional Occupational Tax Revenue. (Agenda Item No. 19-194) (First Presentation at the September 9, 2019 City Council Meeting) (Bernadette Harvill, Finance Director) 2. Consideration of an Ordinance of the Mayor and Council of the City of Milton, Georgia, to Adopt the Fiscal 2020 Budget for Each Fund of the City of Milton, Georgia Appropriating the Amounts Shown In Each Budget as Expenditures, Adopting the Several Items of Revenue Anticipations, Prohibiting Expenditures to Exceed Appropriations, and Prohibiting Expenditures to Exceed Actual Funding Available. (Agenda Item No. 19-195) (Discussed at the August 12, 2019 City Council Work Session) (First Presentation at the September 9, 2019 City Council Meeting) (Bernadette Harvill, Finance Director) 10) ZONING AGENDA (None) MILTON CITY COUNCIL REGULAR COUNCIL MEETING SEPTEMBER 9, 2019 Page 6 of 6 11) UNFINISHED BUSINESS 1. Consideration of an Ordinance to Adopt Regulations of Small Wireless Facilities and Antennas in the Public Right of Way for the City of Milton, Georgia. (Agenda Item No. 19-179) (First Presentation at the August 19, 2019 City Council Meeting) (Ken Jarrard, City Attorney) 12) NEW BUSINESS 1. Consideration of a Resolution Adopting the Capital Improvements Element 2019 Annual Update, Relating to the City’s Impact Fee Program. (Agenda Item No. 19-197) (Parag Agrawal, Community Development Director) 2. Consideration of Appointment of the At-Large Position to the Public Building Facilities Authority. (Agenda Item No. 19-198) (Ken Jarrard, City Attorney) 3. Swearing in of Public Building Facilities Authority. (Agenda Item No. 19-199) (Ken Jarrard, City Attorney) 4. Consideration of a Resolution to Authorize the Execution and Delivery of an Intergovernmental Contract and the Distribution of a Preliminary Official Statement Relating to the Issuance of the City of Milton Public Building and Facilities Authority Revenue Bonds, Series 2019. (Agenda Item No. 19-200) (Ken Jarrard, City Attorney) 13) MAYOR AND COUNCIL REPORTS STAFF REPORTS Department Updates 1. Public Works 2. Fire 3. Economic Development 14) EXECUTIVE SESSION (if needed) 15) ADJOURNMENT (Agenda Item No. 19-201) MILTON% ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: September 4, 2019 FROM: Steven Krokoff, City Manager J AGENDA ITEM: Approval of a Memorandum of Understanding between the City of Milton and Stonecreek Church for the Temporary Placement of a Tornado Siren. MEETING DATE: Monday, September 9, 2019 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: klAPPROVED () NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: WYES () NO CITY ATTORNEY REVIEW REQUIRED: (YES () NO APPROVAL BY CITY ATTORNEY. (�IAPPROVED (J NOT APPROVED PLACED ON AGENDA FOR: U5'/1,9I2'�`l 2006 Heritage Walk Milton, GA P: 678.242.2500 1 F: 678.242.2499 info@cityofmiltonga.us I www.cityofmiltonga.us 0000 To: Honorable Mayor and City Council Members From: Matt Marietta, Deputy Fire Chief & Emergency Manager Date: Submitted on August 16, 2019 for the September 9, 2019 Regular City Council Meeting Agenda Item: Approval of a Memorandum of Understanding between the City of Milton and Stonecreek Church for the Temporary Placement of a Tornado Siren _____________________________________________________________________________________ Department Recommendation: Approval of a Memorandum of Understanding between the City of Milton and Stonecreek Church for the temporary placement of a tornado siren on the property at 13674 Highway 9 while the public safety facility at 13690 Highway 9 is under construction. Executive Summary: In 2014 the City of Milton deployed a system of outdoor warning sirens, including one on the City-owned lot at 13690 Hwy 9. This property is now being developed for the new Police, Fire, and Court buildings. This will necessitate the temporary relocation of the siren to a different location during the construction period, which is supposed to continue through the summer of 2020. The church agreed to assist the City in this endeavor by allowing the pole and siren to be placed in the northeast corner of the lot, closest to Highway 9. This represents the second of the two MOUs. This one covers the period from October 1, 2019 through September 2020, which needs to be approved by council. Funding and Fiscal Impact: The City agreed to pay $1 rental for the space during the time it is on the church lot. There is also the expense of moving it, but this is being absorbed by the capital construction account for the public safety complex and thus will not result in additional expense. Alternatives: The City may opt to discontinue public warning in the Highway 9 area during construction, but staff does not recommend this. Legal Review: Sam P. VanVolkenburgh, Jarrad & Davis, July 29, 2019 Page 2 of 2 Concurrent Review: Steve Krokoff, City Manager Attachment(s): 1. Memorandum 2. Exhibit A, Map 1 LICENSE AGREEMENT City of Milton Emergency Warning Siren This license agreement (the “Agreement”) is between Stonecreek Church, Inc., a Georgia nonprofit corporation (“Licensor”) and the City of Milton, Georgia, a municipal corporation of the State of Georgia, (“Licensee”). WHEREAS, Licensee seeks to use a portion of Licensor’s property known as 13540 Highway 9, Milton, GA 30004 (the "Premises"), for purposes of temporarily relocating its emergency warning siren (the “Warning Siren”) during construction of Licensee’s new Court/Police and Fire facilities; and WHEREAS, Licensor recognizes the public benefits provided by ongoing operation of the Warning Siren and is willing to grant a license to use the Premises for this purpose, in exchange for the promises contained in this Agreement; NOW, THEREFORE, intending to be legally bound, the parties agree as follows: 1. License; Permitted Uses. For the term of this Agreement, Licensor grants to Licensee a license to install, maintain, remove, and operate the Warning Siren on the Premises subject to the terms and conditions herein. Representatives of Licensor and Licensee shall coordinate in good faith to determine the exact location where the Warning Siren will be installed on the Premises. Licensee will install and remove the Warning Siren. Included in the license is permission for Licensee to bring vehicles and equipment reasonably necessary to install, maintain, and ultimately remove the Warning Siren. Licensee agrees not to use the Premises in violation of any laws, ordinances, restrictions or regulations of any governmental body, nor so as to create a nuisance. Licensee shall make no alteration of the Premises, except as allowed by this Agreement or as approved by Licensor or its agents. Licensee shall maintain the Warning Siren in good condition, repair any damage to the Premises caused by the Warning Siren, and upon removal of the Warning Siren at the end of the term Licensee shall leave the Premises in substantially the same condition that existed before the license. Licensee shall pay for the cost of all utilities needed to install, maintain, remove, and operate the Warning Siren. 2. Term and Termination. a. This Agreement shall commence at the beginning of the Licensee’s fiscal year (October 1, 2019) and will run for one year; provided that Licensee may terminate the license early by providing notice to Licensor and timely removing the Warning Siren in compliance with this Agreement. b. If one party breaches this Agreement, the other party may give notice to the breaching party and allow fourteen days to cure the breach. If the breach is not cured within that time, the non-breaching party may terminate this Agreement with notice to the breaching party, effective immediately. 2 3. Release. Licensee hereby releases Licensor from any liability for damage to the Warning Siren, except to the extent directly caused by the negligence or other wrongdoing of Licensor, its agents, and other for whom it is legally responsible. 4. Additional Consideration. As additional consideration for the license, Licensee shall pay Licensor total rent of $1. 5. No Interference. Licensor shall not interfere with the normal operation of the Warning Siren, and shall immediately provide telephone notice to Robert Buscemi (678-242-2607) if it identifies any damage to or malfunctioning of the Warning Siren. 6. 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. 7. Sovereign Immunity. Nothing contained in this Agreement shall be construed to be a waiver of the Licensee’s sovereign immunity or any individual’s qualified good faith or official immunities. 8. Notice. All formal notices required by this Agreement shall be in writing and shall be deemed received, and shall be effective, when (1) personally delivered or emailed, 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. Notice shall be sent to the following addresses: Licensor: Attn: Facilities Manager Stonecreek Church, Inc. 13540 Highway 9, Milton, GA 30004 Licensee: Attn: City Manager 2006 Heritage Walk Milton, GA 30004 9. Entire Agreement; Venue. This Agreement supersedes any and all prior understandings and agreements, whether written or oral, between the parties with respect to the subject matter of this Agreement. No alteration or variation of this Agreement shall be valid unless made in writing and signed by Licensor and Licensee. No waiver of any right under this Agreement shall occur due to prior practice or prior failure to enforce such right. Georgia law shall govern this Agreement. Any disputes arising out of this agreement shall be heard in the courts serving Fulton County, Georgia. [SIGNATURES ON FOLLOWING PAGE] 3 LICENSEE: CITY OF MILTON, GEORGIA By: _______________________________ Joe Lockwood, Mayor Attest: _____________________________ Sudie Gordon, City Clerk Approved as to form: __________________________________ City Attorney LICENSOR: STONECREEK CHURCH, INC. By: _______________________________ President Date: _______________________________ [CORPORATE SEAL] Attest: _____________________________ Printed Name: ____________________ Title: ________________________ Milton Fire Rescue – Temporary Siren Relocation Proposal The proposed project involves the temporary relocation of the outdoor warning siren from the public safety complex construction site at 13690 Highway 9 to the curtilage of Stonecreek Church at13540 Highway 9. The siren, located atop a 40 foot black metal pole only needs to be relocated for up to 12 months during the construction process, with the intended reinstallation date at the City public safety property by August 1, 2020. The site was selected to minimize impact on the church and the community while ensuring that the warning capabilities are maintained in this developed area of Milton. Access to the sight will be provided through the front lot of Stonecreek Church. The power pole sits about 84 feet from the siren site. It will be slightly oc cluded by the trees, but the temporary nature of this reloaction as well as the overall warning siren layout make this an acceptable temprory alternative. 1 LICENSE AGREEMENT City of Milton Emergency Warning Siren This license agreement (the “Agreement”) is between Stonecreek Church, Inc., a Georgia nonprofit corporation (“Licensor”) and the City of Milton, Georgia, a municipal corporation of the State of Georgia, (“Licensee”). WHEREAS, Licensee seeks to use a portion of Licensor’s property known as 13540 Highway 9, Milton, GA 30004 (the "Premises"), for purposes of temporarily relocating its emergency warning siren (the “Warning Siren”) during construction of Licensee’s new Court/Police and Fire facilities; and WHEREAS, Licensor recognizes the public benefits provided by ongoing operation of the Warning Siren and is willing to grant a license to use the Premises for this purpose, in exchange for the promises contained in this Agreement; NOW, THEREFORE, intending to be legally bound, the parties agree as follows: 1. License; Permitted Uses. For the term of this Agreement, Licensor grants to Licensee a license to install, maintain, remove, and operate the Warning Siren on the Premises subject to the terms and conditions herein. Representatives of Licensor and Licensee shall coordinate in good faith to determine the exact location where the Warning Siren will be installed on the Premises. Licensee will install and remove the Warning Siren. Included in the license is permission for Licensee to bring vehicles and equipment reasonably necessary to install, maintain, and ultimately remove the Warning Siren. Licensee agrees not to use the Premises in violation of any laws, ordinances, restrictions or regulations of any governmental body, nor so as to create a nuisance. Licensee shall make no alteration of the Premises, except as allowed by this Agreement or as approved by Licensor or its agents. Licensee shall maintain the Warning Siren in good condition, repair any damage to the Premises caused by the Warning Siren, and upon removal of the Warning Siren at the end of the term Licensee shall leave the Premises in substantially the same condition that existed before the license. Licensee shall pay for the cost of all utilities needed to install, maintain, remove, and operate the Warning Siren. 2. Term and Termination. a. This Agreement shall commence upon complete execution by both parties and will run through September 30, 2019; provided that Licensee may terminate the license early by providing notice to Licensor and timely removing the Warning Siren in compliance with this Agreement. b. If one party breaches this Agreement, the other party may give notice to the breaching party and allow fourteen days to cure the breach. If the breach is not cured within that time, the non-breaching party may terminate this Agreement with notice to the breaching party, effective immediately. 2 3. Release. Licensee hereby releases Licensor from any liability for damage to the Warning Siren, except to the extent directly caused by the negligence or other wrongdoing of Licensor, its agents, and other for whom it is legally responsible. 4. Additional Consideration. As additional consideration for the license, Licensee shall pay Licensor total rent of $1. 5. No Interference. Licensor shall not interfere with the normal operation of the Warning Siren, and shall immediately provide telephone notice to Robert Buscemi (678-242-2607) if it identifies any damage to or malfunctioning of the Warning Siren. 6. 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. 7. Sovereign Immunity. Nothing contained in this Agreement shall be construed to be a waiver of the Licensee’s sovereign immunity or any individual’s qualified good faith or official immunities. 8. Notice. All formal notices required by this Agreement shall be in writing and shall be deemed received, and shall be effective, when (1) personally delivered or emailed, 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. Notice shall be sent to the following addresses: Licensor: Attn: Facilities Manager Stonecreek Church, Inc. 13540 Highway 9, Milton, GA 30004 Licensee: Attn: City Manager 2006 Heritage Walk Milton, GA 30004 9. Entire Agreement; Venue. This Agreement supersedes any and all prior understandings and agreements, whether written or oral, between the parties with respect to the subject matter of this Agreement. No alteration or variation of this Agreement shall be valid unless made in writing and signed by Licensor and Licensee. No waiver of any right under this Agreement shall occur due to prior practice or prior failure to enforce such right. Georgia law shall govern this Agreement. Any disputes arising out of this agreement shall be heard in the courts serving Fulton County, Georgia. [SIGNATURES ON FOLLOWING PAGE] 3 LICENSEE: CITY OF MILTON, GEORGIA By: _______________________________ Ratified by Milton City Council: Steven Krokoff, City Manager __________________________________ Date: _______________________________ Joe Lockwood, Mayor Attest: _____________________________ Sudie Gordon, City Clerk Approved as to form: __________________________________ City Attorney LICENSOR: STONECREEK CHURCH, INC. By: _______________________________ President Date: _______________________________ [CORPORATE SEAL] Attest: _____________________________ Printed Name: ____________________ Title: ________________________ MILTON .. TO: FROM: AGENDA ITEM: MEETING DATE: ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM City Council DATE: September 4, 2019 Steven Krokoff, City Manager (}) Approval of a Contract between the City of Milton and Crabapple Green, LLC for "Meet Me in Milton" on October 26. Monday, September 9, 2019 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (..(APPROVED CITY ATTORNEY APPROVAL REQUIRED: CITY ATTORNEY REVIEW REQUIRED: (..)AES (.r'YES APPROVAL BY CITY ATTORNEY: ( _y,(pPROVED PLACED ON AGENDA FOR: () NOT APPROVED () NO () NO () NOT APPROVED 2006 Heritage Walk Milton, GA P: 678.242.2500 IF: 678.242.2499 info@cityofmiltonga.usIwww.cityofmiltonga.us OGOO To: Honorable Mayor and City Council Members From: Sarah LaDart, Economic Development Manager Date: Submitted on August 28, 2019 for Consent Agenda on the September 9, 2019 Regular City Council Meeting Agenda Item: Approval of a Contract between the City of Milton and Crabapple Green, LLC for “Meet Me in Milton” on October 26. _____________________________________________________________________________________ Department Recommendation: Approval Executive Summary: In partnership with Market District, Crabapple Market, and JLM Management, we are having our first “Meet Me In Milton” event on October 26, 2019. The event will formally be from 4pm to 8pm and include live music and vendors. There is no fee associated with the rental agreement. Funding and Fiscal Impact: None. Alternatives: None. Legal Review: Sam VanVolkenburgh Jarrard & Davis - August 23, 2019 Concurrent Review: Steve Krokoff, City Manager Attachment(s): 10-26-2019 Crabapple Green Use Agreement THE GREEN TEMPORARY LICENSE AGREEMENT This TEMPORARY LICENSE AGREEMENT (“License”) made this _____ day of ____________, 20____, by and between CRABAPPLE GREEN, LLC (“Licensor”), and THE CITY OF MILTON (“Licensee”). WITNESSETH: WHEREAS, Licensor is the owner of the triangular lawn area bordered by Heritage Walk to the north, Lecoma Trace to the east and Wishart Walk to the south, which is more particularly depicted on Exhibit “A” and commonly known as The Green (the “Property”); and WHEREAS, Licensee desires to enter upon the Property and use the “License Area” (as hereinafter defined) on the Property, and Licensor is willing to grant Licensee a temporary and limited license to use said License Area, upon the terms and conditions hereinafter set forth; NOW, THEREFORE, in consideration of the covenants hereinafter set forth, and other good and valuable consideration from each of the parties to the other, the receipt and sufficiency of which are hereby acknowledged, Licensor and Licensee covenant and agree as follows: 1. LICENSE AREA: Licensor hereby grants to Licensee, and Licensee hereby accepts, a revocable (upon Licensee default), non-transferable and exclusive limited license to use the License Area, subject to the terms, conditions, covenants and agreements hereinafter set forth. Licensor’s grant hereunder shall in no way operate to confer upon Licensee any other interest, status, or estate of any kind other than a limited license. The “License Area” shall mean the area reflected on Exhibit “A”. Licensor shall not be obligated to provide Licensee any other services in connection with Licensee’s use of the License Area, including enforcing the exclusivity of this License. Licensor agrees to not enter into an agreement with any other party allowing the use of the License Area during the License Term. 2. LICENSE TERM: The term of this License (the “Term”) shall commence at 12 P.M. on OCTOBER 26, 2019 and shall terminate at 12 P.M. on OCTOBER 28, 2019. Upon the expiration or sooner termination of this License, Licensee covenants and agrees to vacate and surrender the License Area to Licensor in the same condition and repair as exists at the commencement of the Term. 3. CONDITION OF LICENSE AREA: Licensee hereby accepts the License Area in its “as is” condition, with all faults, and acknowledges that Licensor shall not be required to perform any additions, alterations, or improvements in or to the License Area. Licensee shall keep the License Area clea n and free from debris, garbage, refuse and trash at all times. Licensee acknowledges that Licensor has made no representations or warranties respecting the condition of the License Area or the Property, and that Licensee has inspected and is thoroughly familiar with the current condition of the License Area. 4. USE OF LICENSE AREA: (a) Licensee shall use the License Area solely for “MEET ME IN MILTON” (the “Permitted Use”), and for no other purpose whatsoever. Licensee shall, at Licensee's sole expense, properly and promptly comply with and execute all laws, ordinances, rules, regulations and requirements, as the same now exist or as they may hereafter be enacted, amended or promulgated, of or by any Federal, state, county or municipal authority, and/or any department or agency thereof, or any similar organization, relating to Licensee's normal and customary operations and activities, Licensee’s vehicles, the License Area and/or the use of any one of them. Licensee shall comply with the Rules and Regulations attached as Exhibit “C”. (b) Anything placed in the Licensed Area, together with the contents of such item, shall be at -2- the sole risk of Licensee, it being understood and agreed that, with the exception of damage caused by Licensor intentionally or with gross negligence, Licensor shall not be held in anyway responsible to Licensee (or persons claiming by, through, or under Licensee) for injury, loss or damage to such items, or to any personal property left therein or thereabout, whether by reason of fire, water, theft, collision, vandalism or any other cause whatsoever; nor shall Licensor incur any liability on account of inaccessibility or disrepair of the License Area due directly or indirectly to inclement weather, accidents or other reasons beyond Licensee’s control, nor for any property damage or any personal injury whatsoever occurring in, on or about the Property (including, but not limited to, the driveways, License Area and common areas of the Property), or the means of ingress thereto or egress therefrom. (c) Licensee agrees that upon the expiration of this Agreement, Licensee shall remove all of its goods and effects from the License Area, repair any damage caused by its use and such removal and peaceably yield up the License Area in clean condition and in as good order and repair as existed on the commencement of Licensee’s use, reasonable wear and tear accepted. Any personal property of Licensee, or Licensee’s invitees, not removed before the expiration of the Term may, at Licensor’s sole option be stored at Licensee’s expense or deemed abandoned and retained or disposed of by Licensor in whatever manner or fashion Licensor deems appropri ate. 5. INSURANCE, LIABILITY, AND INDEMNITY: (a) Licensee shall satisfy and comply with the insurance requirements set forth on Exhibit “B” during the term of License and the use of the Licensee Area. If Licensee utilizes any third (3rd) party vendor, such third (3rd) party vendor shall satisfy the Exhibit “B” requirements. (b) To the fullest extent permitted by applicable law, Licensor shall not be liable to Licensee, its employees, agent, contractors, invitees, or any other persons for any claims, damages or injuries resulting from any bodily injury or death or loss or damage to property, whether or not due to the acts or omissions of Licensor or any other person or entity, in, or about the Property (including, but not limited to, the driveways an d License Area), the parties intending insurance to assume all such risks. Licensee agrees to and does hereby defend, indemnify and hold Licensor harmless from and against any and all actions, claims, costs, damages, expenses, fees, judgments, liabilities or suits arising from or out of, or in connection with, (i) acts or omissions of Licensee or Licensee's agents, contractors, employees, invitees or others for whom Licensee is responsible (collectively, “Licensee’s Agents”), in, on or about the Property, (ii) the condition of the Property (including but not limited to, the Driveways and License Area) and/or any damage, death or injury to person or property in, on or about the Property, and/or (iii) any breach of the terms of this License by Licensee or Licensee's Agents. The foregoing indemnity shall be deemed to survive the expiration or sooner termination of this License. (c) Notwithstanding any provision hereof to the contrary, Licensee shall look solely to the estate and property of Licensor in and to the Property in the event of any claim or judgment against Licensor arising out of or in connection with (i) this License, (ii) the relationship of Licensor and Licensee, or (iii) Licensee’s use of the License Area. Licensee agrees that the liability of Lice nsor arising out of or in connection with (i) this License, (ii) the relationship of Licensor and Licensee, or (iii) Licensee’s use of the License Area, shall be limited to such estate and property of Licensor. 6. ASSIGNMENT AND SUBLETTING: Licensee shall have the right to sublet, sublicense, or otherwise permit occupancy or use by any person or entity other than Licensee and Licensee’s Agents of the License Area or any part thereof, provided that all such subletting, sublicensing, or occupancy is solely for the Permitted Use (i.e., Licensee hosting “Meet Me in Milton.”) 7. DEFAULTS: If Licensee violates any of the terms or conditions hereof, or creates a hazard to the health and/or safety of any occupant of the Property, then and in any such event, in addition to any and all rights and remedies allowed at law or in equity, this License and/or Licensee's right to use the License Area shall be automatically revoked and Licensee shall surrender and vacate the License Area immediately (failing which Licensor may enter into and repossess said License Area with or without process of law and remove all persons and property of Licensee therefrom if the same has not previously been removed, and for the purpose of such entry and repossession. LICENSEE WAIVES ANY NOTICE TO QUIT OR ANY OTHER NOTICE PROVIDED BY LAW OR -3- OTHERWISE TO BE GIVEN IN CONNECTION THEREWITH). In addition, Licensee will pay all costs and fees (including, but not limited to, court costs and reasonable attorneys' fees) incurred by Licensor in connection with obtaining possession of said License Area or in the enforcement of any covenant, condition or agreement herein contained, whether through legal proceedings or otherwise and whether or not any such legal proceedings be prosecuted to a final judgment. A waiver by Licensor of any default by Licensee in the performance of any of the covenants, terms or conditions hereof shall not constitute or be deemed a waiver of any subsequent or other default. A delay on the part of Licensor to exercise or enforce any of its rights, powers or privileges hereunder shall not be deemed a waiver of such right, power or privilege. The rights and remedies of Licensor under this License shall be cumulative and in addition to any other rights and remedies given to Licensor by law. The exercise by the Licensor of any right or remedy herein provided shall not impair Licensor's rights to exercise any other remedy provided by law. 8. RIGHTS RESERVED BY LICENSOR: Licensor reserves the right to enter the License Area at all times (a) to inspect and repair the License Area or the Property as Licensor may deem necessary or desirable, (b) for any purpose whatsoever relating to the safety, protection or preservation of the License Area or Property, and (c) for any other purpose which does not prevent the use of t he License Area in accordance with the terms hereof. In any such event, the Licensor shall take reasonable measures to avoid undue disturbance to Licensee's use of the License Area, however, Licensee agrees to cooperate with Licensor and to relocate the License Area if Licensor requests. 9. NOTICES: All notices hereunder shall be hand delivered, delivered by a nationally recognized overnight delivery service (such as Federal Express), or mailed in a certified prepaid envelope addressed to Licensor or Licensee, respectively, at the addresses reflected on the signature page. Any notice sent in accordance with the foregoing shall be deemed duly given when received (or when delivery is refused) if hand -delivered, on the next business day if deposited with a nationally recognized overnight delivery service, or on the third business day if sent by certified mail and such refusal is documented by the person or entity attempting delivery. Either party may from time to time change the address to which notice is to be given, by written notice to the other party sent in accordance with this provision. 10. GENERAL PROVISIONS: The captions in this License are inserted only as a matter of convenience and for reference, and in no way define, limit or describe the scope or in tent of such paragraph or of this License. The terms, covenants and conditions contained in this License shall bind and inure to the benefit of the Licensor and Licensee, and their respective heirs, legal representatives, successors and assigns; provided that, nothing in this Section 10 shall be deemed to permit any transfer, assignment, sublease, license or other arrangement in violation of Section 6 hereof and nothing herein shall be construed to impose any personal liability on the officers or employees of Licensor or Licensee. This License and all of the rights of Licensee hereunder are expressly subordinate to the provisions of any mortgage, deed of trust or underlying master lease encumbering the Property. No change, waiver or modification of the terms hereof shall be binding unless in writing and signed by the parties hereto. The interpretation of this License shall be governed by the laws of the State of Georgia, without regard to the conflict of laws principles thereof. This License constitutes the entire agreement between the parties with respect to the License Area and the use thereof. [SIGNATURES ON FOLLOWING PAGE] -4- IN WITNESS WHEREOF, Licensor and Licensee have caused these presents to be signed (duly executed and attested) and sealed the day and the year first above written. WITNESS: LICENSOR: Crabapple Green, LLC __________________________________ By: _____________________________ Name:_____________________________ Title: _____________________________ Address: 12650 Crabapple Road, Suite 200 Milton, GA 30004 WITNESS: LICENSEE: City of Milton, GA __________________________________ By: _____________________________ Name:_Joe Lockwood________________ Title: _Mayor______________________ Address: Attn: City Manager 2006 Heritage Walk Milton, GA 30004 Approval as to form: __________________________ City Attorney -5- EXHIBIT A DEPICTION OF THE PROPERTY (with Licensed Area Designated) -6- EXHIBIT B INSURANCE REQUIREMENTS Licensee shall maintain insurance as shown in the attached insurance certificate. Any third party vendor used to provide services at the License Area shall provide evidence of coverage meeting the following requirements: 1. Commercial general liability insurance in the amount of at least $2,000,000.00 combined single limit and, if alcoholic beverages will be sold or consumed in the License Area, liquor liability coverage with a limit of not less than $1,000,000; and 2. Statutory Workers’ Compensation Insurance to comply with applicable state laws, and at least $100,000/$500,000/$100,000 Employers Liability Insurance. -7- EXHIBIT C RULES AND REGULATIONS 1. All posted rules must be observed. 2. All City of Milton ordinances (as well as state and federal laws) must be observed. 3. Licensee shall not to make any alterations or additions to the Property, or place in, on or about the Property any signs, placards or other advertising media, banners, pennants, awnings, aerials, antennas, or simi lar items, without obtaining the prior written consent of Licensor. 4. Licensee shall not charge any visitor, customer or invitee a fee for parking near the License Area. 5. Licensee shall not close or obstruct the roadways, surface parking lots and any other structure on the Property or otherwise interfere with ingress to and egress from the Property, unless expressly approved in writing by Licensor. 6. All loading, unloading, setup and tear down shall take place within such times and at such places as shall be reasonably designated by Licensor. 7. All parking shall take place within such times and at such places as shall be reasonably designated by Licensor. 8. Licensee shall not generate any noises through the use of loudspeakers, sound amplifiers, radios, televisions, or phonographs without the prior written consent of Licensor . Licensee shall not engage in or allow any fighting or use physical force or abuse or obscene language towards any person or engage in any form of objectionable behavior, such as the making of loud noises or coarse or offensive utterances, gestures or displays, any of which causes or may cause public inconvenience or annoyance or alarm. No unlawful activities shall be permitted on the premises, nor shall gambling be permitted. 9. Licensor reserves the right to require the withdrawal from display of any item, object, person, printed matter of any other thing of any nature which in the opinion of Licensor might be detrimental to the appearance or reputation of the Property or the adjoining Development. TO: FROM: MILTON% ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM City Council DATE: September 4, 2019 Steven Krokoff, City Manager (2) AGENDA ITEM: Approval of a Construction Services Agreement between the City of Milton and DAF Concrete, Inc. for the Repair and Replacement of Concrete Sidewalk, Curb and Gutter and ADA Ramps. MEETING DATE: Monday, September 9, 2019 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (41APPROVED (J NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: (.,(YES () NO CITY ATTORNEY REVIEW REQUIRED: (YES () NO APPROVAL BY CITY ATTORNEY: (�,XPPROVED (J NOT APPROVED PLACED ON AGENDA FOR: 2006 Heritage Walk Milton, GA P: 678.242.25001 F: 678.242.2499 info@cityofmiltongo.us I www.cityofmiltonga.us 0000 To: Honorable Mayor and City Council Members From: Matt Fallstrom, Capital Projects Manager Date: Submitted on August 30, 2019 for the September 9, 2019 Regular City Council Meeting Agenda Item: Approval of a Construction Services Agreement between the City of Milton and DAF Concrete Inc. for the repair and replacement of concrete sidewalk, curb and gutter and ADA ramps. ____________________________________________________________________________________ Department Recommendation: The Public Works Department recommends approval of this contract. Executive Summary: The contractor will be removing and replacing damaged concrete infrastructure in The Belleterre, Bethany Creek, and Brookshade subdivisions and along Bethany Bend. This work includes removal and replacement of sidewalk, curb and gutter, ADA ramps, and includes clean up and landscape restoration throughout the project. Procurement Summary: Purchasing method used: Bid Award-ITB (Over $50,000) Account Number: 300-4101-541401300 Requisition Total: $66,500 Vendor DBA: DAF Concrete Inc. Other quotes or bids submitted (vendor/$): Vendor/Firm Quote/Bid Chattahoochee Group $85,129.00 Triscapes Inc. $102,224.60 Designated Clippers $104,692.50 Financial Review: Bernadette Harvill, September 3, 2019 Legal Review: Jarrard & Davis, LLP – Sam VanVolkenburgh, August 26, 2019 Concurrent Review: Robert Drewry, Public Works Director Attachment(s): Construction Services Agreement HOMEOF'THE BEST OUAUTY OF UFE IN GEORGIA' MILTON 't ESTABLISHED 2006 CONSTRUCTION SERVICES AGREEMENT Sidewalk & ADA Ramp Replacement 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 DAF 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, dated July 25, 2019, attached hereto as "Exhibit A" and incorporated herein by reference; and WHEREAS, the Contractor submitted a complete and timely bid attached hereto as "Exhibit B" and incorporated herein by reference, and met all bid requirements such that the City awarded Project Number ITB 19 -PW 10 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. Construction Services Agreement I Version 1.0 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, dated August 20, 2019 attached hereto as "Exhibit B", C. Scope of Work, attached hereto as "Exhibit C"; D. Required Performance Bond, Payment Bond and Maintenance Bond, attached hereto collectively as "Exhibits D.1, D.2 and .3"; E. Noncollusion Affidavit of Prime Bidder, attached hereto as "Exhibit E"; F. Final Affidavit, attached hereto as "Exhibit F"; G. Alien Employment affidavits, attached hereto as "Exhibits G.1 and G.2"; H. Plans, drawings and specifications, attached hereto collectively as "Exhibit H"; 1. Additional Payment/Retainage Requirements, attached hereto as "Exhibit I"; J. Key Personnel, attached hereto as "Exhibit J"; K. Contract Administration provisions (if issued), attached hereto as "Exhibit lK"; L. General Conditions (if issued), attached hereto as "Exhibit I,"; M. Supplementary Conditions (if issued), attached hereto as "Exhibit M"; N. City of Milton Code of Ethics (codified in the official Code of the City of Milton); O. 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 in writing and executed by the Parties. C oiistrUCti011 Services A,,reenicnt V crsioii f M Section 2. Project Description, Architect; Engineer; Contract Administrator A. Project. A general description of the Project is as follows: The removal and replacement of damaged Sidewalk, ADA ramps, and Curb and Gutter. (the "Project"). A third -party Architect or Engineer (as identified below) has not been retained related to this Project. B. Architect/En gi_g neer (if any). (i) Architect [if applicable]. The Project has been designed by N/A hereinafter referred to as the "Architect"). The Architect will have authority to act on behalf of the City only to the extent provided in the Contract Documents, unless otherwise modified in accordance with the provisions of this Agreement. (ii) En igineer [if applicable]. The Project has been designed by N/A (hereinafter referred to as the "Engineer"). The Engineer will have authority to act on behalf of the City only to the extent provided in the Contract Documents, unless otherwise modified in accordance with the provisions of this Agreement. C. Contract Administrator. The Contract Administrator for this Agreement shall be: Matthew Fallstrom, Capital Projects Manager. 1t 1 A. The Work. The Work to be completed under this Agreement (the "Work") includes, but shall not be limited to, the work described in the Scope of Work provided in "Exhibit C", attached hereto and incorporated herein by reference. The Work includes all material, labor, insurance, tools, equipment, machinery, water, heat, utilities, transportation, facilities, services and any other miscellaneous items and work reasonably inferable from the Contract Documents. The term "reasonably inferable" takes into consideration the understanding of the Parties that some details necessary for proper execution and completion of the Work may not be shown on the drawings or included in the specifications or Scope of Work, but they are a requirement of the Work if they are a usual and customary component of the Work or are otherwise necessary for proper and complete installation and operation of the Work. Contractor shall complete the Work in strict accordance with the Contract Documents. In the event of any discrepancy among the terms of the various Contract Documents, the provision most beneficial to the City, as determined by the City in its sole discretion, shall govern. B. Notice to Proceed. The City will issue a Notice to Proceed, which Notice to Proceed shall state the dates for beginning Work ("Commencement Date") and the expected date of final completion (defined in Section 4(A) below). Unless otherwise approved, the Contractor shall perform its obligations under this Co stmt IOII SCI -V iCCS A>rccmcm ! Vcrsioii Lo Agreement as expeditiously as is consistent with reasonable skill and care and the orderly progress of the Work. C. Plans; Drawings and Specifications. The plans, drawings and specifications provided in "Exhibit ", attached hereto, are hereby acknowledged by the Parties and incorporated herein by reference. D. Shop Drawings, Product Data, and Samples. Shop Drawings, Product Data, Samples and similar submittals are not Contract Documents, but must be in conformity therewith. The purpose of their submittal is to demonstrate, for those portions of the Work for which submittals are required by the Contract Documents, the way by which the Contractor proposes to conform to the information given and the design concept expressed in the Contract Documents. (i) "Shop Drawings" are drawings, diagrams, schedules and other data specifically prepared for the Work by the Contractor or a subcontractor, sub -subcontractor, manufacturer, supplier or distributor to illustrate some portion of the Work. (ii) "Product Data" are illustrations, standard schedules, performance charts, instructions, brochures, diagrams and other information furnished by the Contractor to illustrate materials or equipment for some portion of the Work. (iii) "Samples" are physical examples that illustrate materials, equipment or workmanship and establish standards by which the Work will be judged. The Contractor shall review for compliance with the Contract Documents and shall approve and submit to the Contract Administrator Shop Drawings, Product Data, Samples, and similar submittals required by the Contract Documents with reasonable promptness and in such sequence as to cause no delay in the Work or in the activities of the City or of separate contractors. By approving and submitting Shop Drawings, Product Data, Samples and similar submittals, the Contractor represents that the Contractor has determined and verified materials, field measurements and field construction criteria related thereto, or will do so, and has checked and coordinated the information contained within such submittals with the requirements of the Work and of the Contract Documents. Submittals which are not marked as reviewed for compliance with the Contract Documents and approved by the Contractor may be returned by the Contract Administrator without action. The Contractor shall perform no portion of the Work for which the Contract Documents require submittal and review of Shop Drawings, Product Data, Samples or similar submittals until the respective submittal has been approved in writing by the Contract Administrator, provided that submittals that are not required by the Contract Documents may be returned without action. The Work shall be completed in accordance with approved submittals, provided that the Contractor shall not be relieved of responsibility for deviations from Cc n:trLtctiorz Services Agreement 1 Version 1.0 requirements of the Contract Documents by the Contract Administrator's approval of Shop Drawings, Product Data, Samples or similar submittals; unless the Contractor has specifically informed the Contract Administrator in writing of such deviation at the time of submittal and (1) the Contract Administrator has given written approval to the specific deviation as a minor change in the Work, or (2) a written Change Order has been issued and approved to authorize the deviation. The Contract Administrator's approval of the Shop Drawings, Product Data, Samples or similar submittals shall not relieve the Contractor of responsibility for errors or omissions therein. The Contrdctor shall, in writing or on resubmitted Shop Drawings, Product Data, Samples or similar submittals, direct the Contract Administrator's attention to any additional revisions included other than those requested by the Contract Administrator on previous submittals. In the absence of such written notice drawing the Contract Administrator's attention to such additional revisions, the Contract Administrator's approval of a resubmission shall not apply to such additional revisions. The Contractor shall maintain at the Project site(s) one record copy of the Contract Documents in good order and marked currently to record field changes and selections made during construction and one record copy of approved Shop Drawings, Product Data, Samples and similar required submittals. These documents shall be available to the City and Contract Administrator and shall be delivered to the Contract Administrator or City upon completion of the Work. Section 4. Contract Term; Liquidated Damages; Expedited Completion; Partial Occupancy or Use A. Contract Term. The term of this Agreement ("Term") shall commence on the Effective Date and continue until final completion and payment for the Work or the proper termination and non -renewal of this Agreement (provided that certain obligations, including but not limited to Warranty obligations, will survive term ination/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 pursuant to this Agreement within ten (10) calendar days of the date the Notice to Proceed is issued by the City, and the Work shall be completed on or before the date specified in the Notice to Proceed, but in any event no later than November 15, 2019 (the "Expected Date of Final Completion"). Every effort will be made by Contractor to shorten this period. If unusual weather affects the required completion schedule, the City and the Contractor will negotiate a new completion date. If the Term of this Agreement continues beyond the calendar year in which this Agreement is executed, the Parties agree that this Agreement, as required by O.C.G.A. § 36-60-13, shall terminate absolutely and without further obligation on the part of the City on December 31 each calendar year of the Term, and further, that this Agreement shall automatically renew on January 1 of each subsequent calendar year absent the City's provision of written notice of non -renewal to C oiistwctfoji Services Agreetne t j Version 1.0 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. The City and Contractor also recognize the delays, expense, and difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by the City if the Work is not completed within the specified times. Accordingly, instead of requiring any such proof, the City and Contractor agree that, as liquidated damages for delay (but not as a penalty), the Contractor shall pay to the City n/a and 00/100 Dollars ($ .00) for each and every calendar day that expires after a deadline provided in the Contract Documents. C. Expediting Completion. The Contractor is accountable for completing the Work within the time period provided in the Contract Documents. If, in the judgment of the City, the Work is behind schedule and the rate of placement of work is inadequate to regain scheduled progress to ensure timely completion of the entire Work or a separable portion thereof, the Contractor, when so informed by the City, shall immediately take action to increase the rate of work placement by: (1) An increase in working forces; (2) An increase in equipment or tools; (3) An increase in hours of work or number of shifts; (4) Expediting delivery of materials; and/or (5) Other action proposed if acceptable to City. Within five (5) calendar days after such notice from City that the Work is behind schedule, the Contractor shall notify the City in writing of the specific measures taken and/or planned to increase the rate of progress. The Contractor shall include an estimate as to the date of scheduled progress recovery. Should the City deem the plan of action inadequate, the Contractor shall take additional steps to make adjustments as necessary to its plan of action until it meets with the City's approval and such approval is provided in writing by the City. D. Partial Occupancy or Use. The City may occupy or use any completed or partially completed portion of the Work at any stage when such portion is designated by separate agreement between the City and Contractor, provided such occupancy or use is consented to by the insurer and authorized by public authorities having jurisdiction over the Work. Such partial occupancy or use may commence whether or not the portion is substantially complete, provided the City and Contractor have accepted in writing the responsibilities assigned to each of them for payments, retainage, if any, security, maintenance, heat, utilities, damage to the Work and insurance, and have agreed in writing concerning the period for correction of the ConstrilCd011 Services A,:,reenicnt i Version 1.t1 Work and commencement of warranties required by the Contract Documents.. Consent of the Contractor to partial occupancy or use shall not be unreasonably withheld. Immediately prior to such partial occupancy or use, the City, Contractor and Contract Administrator shall jointly inspect the area to be occupied, or portion of the Work to be used, in order to determine and record the condition of the Work. Unless otherwise agreed upon, partial occupancy or use of a portion or portions of the Work shall not constitute acceptance of Work not complying with the requirements of the Contract Documents. 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 $66,500.00 (the "Maximum Contract Price"), except as outlined in Section 6 below. The compensation for Work performed shall be based upon Unit Prices as set forth in "Exhibit B". The expected cost of the Work (based on unit prices anticipated) is $60,500 and Contractor shall not exceed this amount without written authorization of the Contract Administrator. The Contract Administrator shall be authorized to direct the Contractor to perform an additional $6,000 of supplemental unit -price Work without requiring a Change Order, provided that the required bonds (see Exhibit D) are appropriately updated. B. Additional Payment Requirements. Additional payment requirements are included as "Exhibit I", attached hereto and incorporated herein by reference. C. Material Deviations. Any material deviations in tests or inspections performed, or times or locations required to complete such tests or inspections, and like deviations from the Work described in this Agreement shall be clearly communicated to the City before charges are incurred and shall be handled through written Change Orders, as described in Section 6 below. Whenever the Contract Administrator considers it necessary or advisable, it shall have authority to require inspection or testing of the Work. However, neither this authority of the Contract Administrator nor a decision made in good faith either to exercise or not to exercise such authority shall give rise to a duty or responsibility of the Contract Administrator to the Contractor, subcontractors, material and equipment suppliers, their agents or employees, or other persons or entities performing portions of the Work. D. Taxes. The City is a governmental tax-exempt entity and shall not be responsible for paying any taxes on any materials or services provided for herein. At Contractor's request, City shall provide evidence of its tax-exempt status. To the extent, if any, that the City furnishes tangible personal property to Contractor for incorporation into the Project, Contractor shall be responsible for paying the amount of tax owed for such tangible personal property. Section 6. Change Orders A. Change Order Defined. A "Change Order means a written modification of the C onstrLIC0011 Services A-reement Version 1.0 Contract Documents, signed by representatives of the City and the Contractor with appropriate authorization. B. Right to Order Changes. The City reserves the right to order changes in the Work to be performed under this Agreement by altering, adding to, or deducting from the Work. All such changes shall be incorporated in written Change Orders and executed by the Contractor and the City. Such Change Orders shall specify the changes ordered and any necessary adjustment of compensation and completion time.. If the Parties cannot reach an agreement on the terms for performing the changed work within a reasonable time to avoid delay or other unfavorable impacts as determined by the City in its sole discretion, the City shall have the right to determine reasonable terms, and the Contractor shall proceed with the changed work. C. Change Order Requirement. Any work added to the scope of this Agreement by a Change Order shall be executed under all the applicable conditions of this Agreement. No claim for additional compensation or extension of time shall be recognized, unless contained in a written Change Order duly executed on behalf of the City and the Contractor. D. Authority to Execute Change Order. The City Manager has authority to execute, without further action of the Milton City Council, any number of Change Orders so long as their total effect does not materially alter the terms of this Agreement or materially increase the Maximum Contract Price, as set forth in Section 5(A) above. Any such Change Orders materially altering the terms of this Agreement, or any Change Order affecting the price where the Maximum Contract Price (as amended) is in excess of $50,000, must be approved by resolution of the Milton City Council. E. Minor Changes in the Work. The Contract Administrator will have the authority to order minor changes in the Work not involving adjustment in the Maximum Contract Price or extension of the Term and not inconsistent with the intent of the Contract Documents. Such changes shall be effected by written order signed by the Contract Administrator. The Contractor shall carry out such written orders promptly. If the minor changes subsequently may affect adjustments in the Maximum Contract Price or the Term, the changes shall then be converted to a written Change Order by the requesting Party. Section 7. Covenants of Contractor A. Ethics Code: Conflict of Interest. (i) Contractor agrees that it shall not engage in any activity or conduct that would result in a violation of the City of Milton Code of Ethics or any other similar law or regulation. Contractor certifies that to the best of his knowledge no circumstances exist which will cause a conflict of interest in performing the Work. Should Contractor become aware of any circumstances that may cause a conflict of interest during the Term of this Agreement, CoaistrUCti011 ` er% ices A,-,reement j Version 1.0 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. ConstrUction Ser,,ices Agreement 1 Version I.O 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 with Work. Contractor represents that it has familiarized itself with the nature and extent of the Contract Documents, the Work, work site(s), locality, and all local conditions, laws and regulations that in any manner may affect cost, progress, performance, or furnishing of the Work. Since the Contract Documents are complementary, before starting each portion of the Work, the Contractor shall carefully study and compare the various Contract Documents, site conditions, authorities, tests, reports and studies relative to that portion of the Work, as well as the information furnished by the City, shall take field measurements of any existing conditions related to that portion of the Work, and shall observe any conditions at the Project site(s) affecting it. Contractor represents and agrees that it has correlated the results of all such CotlstrLIC0011 Services Aureemeiil j Version 1.0 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 Information. If, with undue frequency (as determined by the City in its sole discretion), the Contractor requests information that is obtainable through reasonable examination and comparison of the Contract Documents, site conditions, and previous correspondence, interpretations or clarifications, the Contractor shall be liable to the City for reasonable charges from the Contract Administrator for the additional services required to review, research and respond to such requests for information. F. Supervision, Inspection and Construction Procedures. The Contractor shall supervise and direct the Work, using the Contractor's best skill and attention. The Contractor shall be solely responsible for and have control over construction means, C01IStrLIC0011 Services Agrecnaent j Version 1.0 methods, techniques, sequences and procedures and for coordinating all portions of the Work under the Agreement, unless the Contract Documents give other specific instructions concerning these matters. If the Contract Documents give specific instructions concerning construction means, methods, techniques, sequences or procedures, the Contractor shall evaluate the jobsite safety therefor and, except as stated below, shall be fully and solely responsible for the jobsite safety for such means, methods, techniques, sequences, or procedures. If the Contractor determines that such means, methods, techniques, sequences or procedures may not be safe, the Contractor shall give timely written notice to the City and Contract Administrator and shall not proceed with that portion of the Work without further written instructions from the City or Contract Administrator as approved in writing by the City. The Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the performance of this Agreement. The Contractor shall take reasonable precautions for the safety of, and shall provide reasonable protection to prevent damage, injury or loss to: (a) employees and other persons who may be affected, (b) the Work and materials and equipment to be incorporated therein, whether in storage on or off the Project site(s), under care, custody or control of the Contractor or Contractor's subcontractors or sub -subcontractors, and (c) other property at the Project site(s) or adjacent thereto, such as trees, shrubs, lawns, walks, pavements, roadways, structures and utilities not designated for removal, relocation or replacement in the course of construction. The Contractor shall give notices and comply with applicable laws, ordinances, rules, regulations and lawful orders of public authorities bearing on safety of persons or property or their protection from damage, injury or loss. When use or storage of explosives or other hazardous materials or equipment or unusual methods are necessary for execution of the Work, the Contractor shall exercise utmost care and carry on such activities under supervision of properly qualified personnel. If reasonable precautions will be inadequate to prevent foreseeable bodily injury or death to persons resulting from a material or substance, including but not limited to asbestos or polychlorinated biphenyl (PCB), encountered on the Project site(s) by the Contractor, the Contractor shall, upon recognizing the condition, immediately stop Work in the affected area and report the condition to the City and Contract Administrator in writing. G. Tests and Inspections. Tests, inspections and approvals of portions of the Work required by the Contract Documents or by laws, or ordinances, rules, regulations or orders of public authorities having jurisdiction shall be made promptly at an appropriate time to avoid unreasonable delay in the Work. Unless otherwise provided, the Contractor shall make arrangements for such tests, inspections and approvals with an independent testing laboratory or entity acceptable to the City, or with the appropriate public authority, and shall bear all related costs of tests, inspections and approvals. The Contractor shall give the Contract Administrator timely notice of when and where tests and inspections are to be made so that the CoiistrU 06011 Services A,,,reement i Version 1.0 Contract Administrator may be present for such procedures. Required permits or certificates of testing, inspection or approval shall, unless otherwise required by the Contract Documents, be secured by the Contractor and delivered to the Contract Administrator within ten (10) calendar days of issuance. H. Budgetary Limitations. Contractor agrees and acknowledges that budgetary limitations are not a justification for breach of sound principals of Contractor's profession and industry. Contractor shall take no calculated risk in the performance of the Work. Specifically, Contractor agrees that, in the event it cannot perform the Work within the budgetary limitations established without disregarding sound principals of Contractor's profession and industry, Contractor will give written notice immediately to the City. City's Reliance on the Work. The Contractor acknowledges and agrees that the City does not undertake to approve or pass upon matters of expertise of the Contractor and that therefore, the City bears no responsibility for Contractor's Work performed under this Agreement. The Contractor acknowledges and agrees that the acceptance of Work by the City is limited to the function of determining whether there has been compliance with what is required to be produced under this Agreement. The City will not, and need not, inquire into adequacy, fitness, suitability or correctness of Contractor's performance. Contractor further agrees that no approval of designs, plans, or specifications by any person, body, or agency shall relieve Contractor of the responsibility for adequacy, fitness, suitability, and correctness of Contractor's Work under professional and industry standards, or for performing services under this Agreement in accordance with sound and accepted professional and industry principles. Contractor's Reliance on Submissions by the City. Contractor must have timely information and input from the City in order to perform the Work required under this Agreement. Contractor is entitled to rely upon information provided by the City, but Contractor shall be required to provide immediate written notice to the City if Contractor knows or reasonably should know that any information provided by the City is erroneous, inconsistent, or otherwise problematic. K. Uncovering and Correction of Work. If a portion of the Work is covered contrary to the Contract Administrator's request or to requirements specifically expressed in the Contract Documents, it must, if required in writing by the Contract Administrator, be uncovered for examination by the Contract Administrator and be replaced at the Contractor's expense without change in the Agreement Term. If a portion of the Work has been covered which the Contract Administrator has not specifically requested to examine prior to its being covered or which the Contract Documents did not require to remain uncovered until examined, the Contract Administrator may request to see such Work, and it shall be uncovered by the Contractor. If such Work is in accordance with the Contract Documents, costs of uncovering and replacement shall, by appropriate Change Order, be at the City's expense, which expense shall be agreed upon in writing prior to being incurred. If CoiistnlCti011 Services Agreement ; Version 1.0 such Work is not in accordance with the Contract Documents, correction shall be at the Contractor's expense, unless the condition was caused by the City, in which event the City shall be responsible for payment of such costs including reasonable charges, if any, by the Contract Administrator for additional service, which expense shall be agreed upon in writing prior to being incurred. If the City prefers to accept Work that is not in accordance with the requirements of the Contract Documents, the City may do so instead of requiring its removal and correction, in which case the Maximum Contract Price will be reduced as appropriate and equitable. Such adjustment shall be affected whether or not final payment has been made. L. Clean Un. Contractor shall keep the Project site(s) and surrounding area free from accumulation of waste materials or rubbish caused by operations under this Agreement. At completion of the Work, the Contractor shall remove from and about the Project waste materials, rubbish, the Contractor's tools, construction equipment, machinery and surplus materials. If the Contractor fails to clean up as provided in the Contract Documents, the City may do so, and the cost thereof shall be charged to the Contractor. M. Contractor's Representative. m t an i) S un!�je Z [INSERT NAME OF CONTRACTOR'S REPRESENTATIVE] shall be authorized to act on Contractor's behalf with respect to the Work as Contractor's designated representative. N. Independent Contractor. Contractor hereby covenants and declares that it is engaged in an independent business and agrees to perform the Work as an independent contractor and not as the agent or employee of the City. Nothing contained in this Agreement shall be construed to make the Contractor, or any of its employees, servants or subcontractors, an employee, servant or agent of the City for any purpose. The Contractor agrees to be solely responsible for its own matters relating to the time and place the Work is performed and the method used to perform such Work; the instrumentalities, tools, supplies, and/or materials necessary to complete the Work; hiring of subcontractors, agents, or employees to complete the Work; and the payment of employees, including benefits and compliance with Social Security, withholding, and all other regulations governing such matters. The Contractor agrees to be solely responsible for its own acts and those of its subordinates, employees, and subcontractors during the life of this Agreement. There shall be no contractual relationship between any subcontractor or supplier and the City by virtue of this Agreement with the Contractor. Any provisions of this Agreement that may appear to give the City the right to direct Contractor as to the details of the services to be performed by Contractor or to exercise a measure of control over such services will be deemed to mean that Contractor shall follow the directions of the City with regard to the results of such services only. It is further understood that this Agreement is not exclusive, and the City may hire additional entities to perform Work related to this Agreement. Construction Services Agreement I Version 1.0 Inasmuch as the City and the Contractor are independent of each other, neither has the authority to bind the other to any third person or otherwise to act in any way as the representative of the other, unless otherwise expressly agreed to in writing signed by both Parties hereto. The Contractor agrees not to represent itself as the City's agent for any purpose to any party or to allow any employee of the Contractor to do so, unless specifically authorized, in advance and in writing, to do so, and then only for the limited purpose stated in such authorization. The Contractor shall assume full liability for any contracts or agreements the Contractor enters into on behalf of the City without the express knowledge and prior written consent of the City. O. Responsibility of Contractor and Indemnification of City. The Contractor covenants and agrees to take and assume all responsibility for the Work rendered in connection with this Agreement. The Contractor shall bear all losses and damages directly or indirectly resulting to it and/or the City on account of the performance or character of the Work rendered pursuant to this Agreement. To the fullest extent permitted by law, Contractor shall defend, indemnify, and hold harmless the City and the City's elected and appointed officials, officers, boards, commissions, employees, representatives, consultants, servants, agents, attorneys and volunteers (individually an "Indemnified Party" and collectively "Indemnified Parties") from and against any and all claims, suits, actions, judgments, injuries, damages, losses, costs, expenses and liability of any kind whatsoever, including, but not limited to, attorney's fees and costs of defense ("Liabilities"), which may arise from or be the result of alleged willful, negligent, or tortious act or omission arising out of the Work, performance of contracted services, or operations by the Contractor, any subcontractor, anyone directly or indirectly employed by the Contractor or subcontractor, or anyone for whose acts the Contractor or subcontractor may be liable, regardless of whether or not the act or omission is caused in part by a party indemnified hereunder. This indemnity obligation does not include Liabilities caused by or resulting from the sole negligence of an Indemnified Party. Such obligation shall not be construed to negate, abridge, or otherwise reduce any other right or obligation of indemnity which would otherwise exist as to any party or person described in this provision. In any and all claims against an Indemnified Party, by any employee of the Contractor, its subcontractor, anyone directly or indirectly employed by the Contractor or subcontractor, or anyone for whose acts the Contractor or subcontractor may be liable, the indemnification obligation set forth in this provision shall not be limited in any way by any limitation on the amount or type of damages, compensation, or benefits payable by or for the Contractor or any subcontractor under workers' or workmen's compensation acts, disability benefit acts, or other employee benefit acts. This obligation to indemnify, defend, and hold harmless the Indemnified Party(ies) shall survive expiration or termination of this Agreement, provided that the claims are based upon or arise out of actions or omissions that occurred during the performance of this Agreement. P. Insurance. C°canatrUcLioll `services AVreernetrt Version I M (1) Requirements: The Contractor shall have and maintain in full force and effect for the duration of this Agreement, insurance insuring against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Work by the Contractor, its agents, representatives, employees or subcontractors. All policies shall be subject to approval by the City as to form and content. These requirements are subject to amendment or waiver if so approved in writing by the City Manager. (2) Minimum Limits of Insurance: Contractor shall maintain the following insurance policies with coverage and limits no less than: (a) Commercial General Liability: $1,000,000 (one million dollars) combined single limit per occurrence $2,000,000 (two million dollars) aggregate comprehensive/extended/enhanced. Commercial General Liability policy with coverage including bodily and personal injury, sickness, disease or death, injury to or destruction of property, including loss of use resulting therefrom,, damage to premises/operations, products/completed operations, independent consultants and contractual liability (specifically covering the indemnity), broad -from property damage, and underground, explosion and collapse hazard. This coverage may be achieved by using an excess or umbrella policy. The policy or policies must be on "an occurrence" basis ("claims made" coverage is not acceptable). (b) Commercial Automobile Liability (owned, non -owned, hired): $1,000,000 (one million dollars) combined single limit per occurrence $2,000,000 (two million dollars) aggregate for comprehensive Commercial Automobile liability coverage (owned, non -owned, hired) including bodily and personal injury, sickness, disease or death, injury to or destruction of property, including loss of use resulting therefrom. (c) Professional Liability: $1,000,000 (one million dollars) limit Professional Liability policy for claims arising out of professional services and caused by the Contractor's errors, omissions, or negligent acts (required if any professional services will be provided). (d) Workers' Compensation and Employers' Liability: Workers' Compensation policy with limits as required by the State of Georgia and Employers' Liability limits of $1,000,000 (one million dollars) per occurrence or disease. (If Contractor is a sole proprietor, who is otherwise not entitled to coverage under Georgia's Workers' Compensation Act, Contractor must secure Workers' Compensation coverage approved by both the State Board of Workers' C oiistrUCIion Services A�_,reemem 1 Version 1.0 Compensation and the Commissioner of Insurance. The amount of such coverage shall be the same as what is otherwise required of employers entitled to coverage under the Georgia Workers' Compensation Act. Further, the Contractor shall provide a certificate of insurance indicating that such coverage has been secured and that no individual has been excluded from coverage.) (e) RESERVED. (f) Commercial Umbrella Liability Coverage: $ N/A per occurrence shall be provided and will apply over all liability policies, without exception, including but not limited to Commercial General Liability, Commercial Automobile Liability, Employers' Liability, and Professional Liability. (3) Deductibles and Self -Insured Retentions: Any deductibles or self-insured retentions must be declared to and approved by the City in writing so that the City may ensure the financial solvency of the Contractor; self-insured retentions should be included on the certificate of insurance. (4) Other Insurance Provisions: Each policy shall contain, or be endorsed to contain, the following provisions respectively: (a) General Liability, Automobile Liability and Umbrella Liability Coverage. (i) Additional Insured Requirement. The City and City's elected and appointed officials, officers, boards, commissioners, employees, representatives, consultants, servants, agents and volunteers (individually "Insured Party" and collectively "Insured Parties") shall be named as additional insureds as respects: liability arising out of activities performed by or on behalf of the Contractor; products and completed operations of the Contractor premises owned, leased, or used by the Contractor; automobiles owned, leased, hired, or borrowed by the Contractor. The coverage shall contain no special limitations on the scope of protection afforded to the Insured Parties. Nothing contained in this section shall be construed to require the Contractor to provide liability insurance coverage to any Insured Party for claims asserted against such Insured Party for its sole negligence. (ii) Primary Insurance Requirement. The Contractor's insurance coverage shall be primary noncontributing insurance as respects to any other insurance or self-insurance ('011Srua 6011 Services A�,-,reern nt I Version i M available to the Insured Parties. Any insurance or self- insurance maintained by the Insured Parties shall be in excess of the Contractor's insurance and shall not contribute with it. (iii) Reporting Requirement. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the Insured Parties. (iv) Separate Coverage. Coverage shall state that the Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to limits of insurance provided. (v) Defense Costs/Cross Liability. Coverage shall be provided on a "pay on behalf' basis, with defense costs payable in addition to policy limits. There shall be no cross liability exclusion. (vi) Subrogation. The insurer shall agree to waive all rights of subrogation against the Insured Parties for losses arising from Work performed by the Contractor for the City. (b) Workers' Compensation Coverage: The insurer providing Workers' Compensation Coverage will agree to waive all rights of subrogation against the Insured Parties for losses arising from Work performed by the Contractor for the City. (c) All Coverages: (i) Notice Requirement. Each insurance policy required by this Agreement shall be endorsed to state that coverage shall not be suspended, voided, or canceled except after thirty (30) calendar days prior written notice (or 10 calendar days if due to non-payment) has been given to the City. The City reserves the right to accept alternate notice terms and provisions, provided they meet the minimum requirements under Georgia law. (ii) Starting and Ending Dates. Policies shall have concurrent starting and ending dates. (iii) Incorporation oflndemnification Obligations. Policies shall include an endorsement incorporating the indemnification obligations assumed by the Contractor under the terms of this Agreement, including but not limited to Section 7(0) of this Agreement. ('oiistrU tiota Set -vices Afire meth ; Version 1.0 (5) Acceptability of Insurers: The insurance to be maintained by Contractor must be issued by a company licensed or approved by the Insurance Commissioner to transact business in the State of Georgia. Such insurance shall be placed with insurer(s) with an A.M. Best Policyholder's rating of no less than "A-" and with a financial rate of Class VII or greater. The Contractor shall be responsible for any delay resulting from the failure of its insurer to provide proof of coverage in the proscribed form. (6) Verification of Coverage: Contractor shall furnish to the City for City approval certificates of insurance and endorsements to the policies evidencing all coverage required by this Agreement prior to the start of work. Without limiting the general scope of this requirement, Contractor is specifically required to provide an endorsement naming the City as an additional insured when required. The certificates of insurance and endorsements for each insurance policy are to be on a form utilized by Contractor's insurer in its normal course of business and are to be signed by a person authorized by that insurer to bind coverage on its behalf, unless alternate sufficient evidence of their validity and incorporation into the policy is provided. The City reserves the right to require complete, certified copies of all required insurance policies at any time. The Contractor shall provide proof that any expiring coverage has been renewed or replaced prior to the expiration of the coverage. (7) Subcontractors: Contractor shall either (1) ensure that its insurance policies (as described herein) cover all subcontractors and the Work performed by such subcontractors or (2) ensure that any subcontractor secures separate policies covering that subcontractor and its Work. All coverage for subcontractors shall be subject to all of the requirements stated in this Agreement, including, but not limited to, naming the Insured Parties as additional insureds. (8) Claims -Made Policies: Contractor shall extend any claims -made insurance policy for at least six (6) years after termination or final payment under the Agreement, whichever is later, and have an effective date which is on or prior to the Effective Date. (9) Progress Payments: The making of progress payments to the Contractor shall not be construed as relieving the Contractor or its subcontractor or insurance carriers from providing the coverage required in this Agreement. Q. Bonds. In public works construction contracts valued at more than one hundred thousand dollars ($100,000.00) or road construction/maintenance contracts valued at five thousand dollars ($5,000.00) or more, or in any other instance where the City has elected to include such bond requirements as exhibits to this Agreement, the Contractor shall provide Performance and Payment bonds as a condition of this Agreement. At the conclusion of the Work, Contractor shall also provide City with OuStRICtiOn Set -vices A=g're ni nt 1 Version 1.0 a maintenance bond in the amount of one-third (1/3) of the total amount paid under the Agreement, guaranteeing the repair or replacement caused by defective workmanship or materials for a period of two (2) years from the completion of the Work. Bonds shall be provided on the forms attached hereto as "Exhibits DA, D.2 and D.3" and with a surety licensed to do business in Georgia and listed on the Treasury Department's most current list (Circular 570 as amended). Upon the request of any person or entity appearing to be a potential beneficiary of bonds covering payment of obligations arising under this Agreement, the Contractor shall promptly furnish a copy of the bonds or shall permit a copy to be made. R. Assignment of Agreement. The Contractor covenants and agrees not to assign or transfer any interest in, or delegate any duties of this Agreement, without the prior express written consent of the City. As to any approved subcontractors, the Contractor shall be solely responsible for reimbursing them, and the City shall have no obligation to them. S. Employment of Unauthorized Aliens Prohibited — E- Verify Affidavit. Pursuant to O.C.G.A. § 13-10-91, the City shall not enter into a contract for the physical performance of services unless: (1) the Contractor shall provide evidence on City -provided forms, attached hereto as "Exhibits G.1 and G.2" (affidavits regarding compliance with the E -Verify program to be sworn under oath under criminal penalty of false swearing pursuant to O.C.G.A. § 16-10-71), that it and its subcontractors have registered with, are authorized to use and use the federal work authorization program commonly known as E -Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91, and that they will continue to use the federal work authorization program throughout the contract period, or (2) the Contractor provides evidence that it is not required to provide an affidavit because it is an individual licensed pursuant to Title 26 or Title 43 or by the State Bar of Georgia and is in good standing. The Contractor hereby verifies that it has, prior to executing this Agreement, executed a notarized affidavit, the form of which is provided in "Exhibit G.1", and submitted such affidavit to City or provided the City with evidence that it is an individual not required to provide such an affidavit because it is licensed and in good standing as noted in sub -subsection (2) above. Further, Contractor hereby agrees to comply with the requirements of the federal Immigration Reform and Control Act of 1986 (IBCA), P.L. 99-603, O.C.G.A. § 13-10-91 and Georgia Department of Labor Rule 300-10-1-.02. In the event the Contractor employs or contracts with any subcontractor(s) in connection with the covered contract, the Contractor agrees to secure from such subcontractor(s) attestation of the subcontractor's compliance with O.C.G.A. § 1.3- 10-91 and Rule 300-10-1-.02 by the subcontractor's execution of the subcontractor C oiistructiori Services Alrcc mciit ! Version I.O affidavit, the form of which is attached hereto as "Exhibit G.21', which subcontractor affidavit shall become part of the contractor/subcontractor agreement, or evidence that the subcontractor is not required to provide such an affidavit because it is licensed and in good standing as noted in sub -subsection (2) above. If a subcontractor affidavit is obtained, Contractor agrees to provide a completed copy to the City within five (5) business days of receipt from any subcontractor. Where Contractor is required to provide an affidavit pursuant to O.C.G.A. § 13-10- 91, the City Manager or his/her designee shall be authorized to conduct an inspection of the Contractor's and Contractor's subcontractors' verification process at any time to determine that the verification was correct and complete. The Contractor and Contractor's subcontractors shall retain all documents and records of their respective verification process for a period of five (5) years following completion of the contract. Further, where Contractor is required to provide an affidavit pursuant to O.C.G.A. § 13-10-91, the City Manager or his/her designee shall further be authorized to conduct periodic inspections to ensure that no City Contractor or Contractor's subcontractors employ unauthorized aliens on City contracts. By entering into a contract with the City, the Contractor and Contractor's subcontractors agree to cooperate with any such investigation by making their records and personnel available upon reasonable notice for inspection and questioning. Where a Contractor or Contractor's subcontractors are found to have employed an unauthorized alien, the City Manager or his/her designee may report same to the Department of Homeland Security. The Contractor's failure to cooperate with the investigation may be sanctioned by termination of the contract, and the Contractor shall be liable for all damages and delays occasioned by the City thereby. Contractor agrees that the employee -number category designated below is applicable to the Contractor. [Information only required if a contractor affidavit is required pursuant to O.C.G.A. § 13-10-91.] [DESIGNATE/MARK APPROPRIATE CATEGORY] 500 or more employees. 100 or more employees. Fewer than 100 employees. Contractor hereby agrees that, in the event Contractor employs or contracts with any subcontractor(s) in connection with this Agreement and where the subcontractor is required to provide an affidavit pursuant to O.C.G.A. § 13-10-91, the Contractor will secure from the subcontractor(s) such subcontractor(s') indication of the above employee -number category that is applicable to the subcontractor. The above requirements shall be in addition to the requirements of State and federal law and shall be construed to be in conformity with those laws. Construction Services Agreement I Version 1.0 T. Records, Reports and Audits. (1) Records: (a) Books, records, documents, account legers, data bases, and similar materials relating to the Work performed for the City under this Agreement ("Records") shall be established and maintained by the Contractor in accordance with applicable law and requirements prescribed by the City with respect to all matters covered by this Agreement. Except as otherwise authorized or required, such Records shall be maintained for at least three (3) years from the date that final payment is made to Contractor by City under this Agreement. Furthermore, Records that are the subject of audit findings shall be retained for three (3) years or until such audit findings have been resolved, whichever is later. (b) All costs claimed or anticipated to be incurred in the performance of this Agreement shall be supported by properly executed payrolls, time records, invoices, contracts, or vouchers, or other official documentation evidencing in proper detail the nature and propriety of the charges. All checks, payrolls, invoices, contracts, vouchers, orders, or other accounting documents pertaining in whole or in part to this Agreement shall be clearly identified and readily accessible. (2) Reports and Information: Upon request, the Contractor shall furnish to the City any and all Records in the form requested by the City. All Records stored on a computer database must be of a format compatible with the City's computer systems and software. (3) Audits and Inspections: At any time during normal business hours and as often as the City may deem necessary, Contractor shall make available to the City or City's representative(s) for examination all Records. The Contractor will permit the City or City's representative(s) to audit, examine, and make excerpts or transcripts from such Records. Contractor shall provide proper facilities for City or City's representative(s) to access and inspect the Records, or, at the request of the City, shall make the Records available for inspection at the City's office. Further, Contractor shall permit the City or City's representative(s) to observe and inspect any or all of Contractor's facilities and activities during normal hours of business for the purpose of evaluating Contractor's compliance with the terms of this Agreement. In such instances, the City or City's representative(s) shall not interfere with or disrupt such activities. U. Confidentiality. Contractor acknowledges that it may receive confidential information of the City and that it will protect the confidentiality of any such confidential information and will require any of its subcontractors, contractors, and/or staff to likewise protect such confidential information. The Contractor Coiistmc:tioll sel. ices "Ngreemem ! Version LO agrees that confidential information it receives or such reports, information, opinions, or conclusions that Contractor creates under this Agreement shall not be made available to, or discussed with, any individual or organization, including the news media, without prior written approval of the City. Contractor shall exercise reasonable precautions to prevent the unauthorized disclosure and use of City information whether specifically deemed confidential or not. Contractor acknowledges that the City's disclosure of documentation is governed by Georgia's Open Records Act, and Contractor further acknowledges that, if Contractor submits records containing trade secret information and if Contractor wishes to keep such records confidential, Contractor must submit and attach to such records an affidavit affirmatively declaring that specific information in the records constitutes trade secrets pursuant to Article 27 of Chapter 1 of Title 10, and the Parties shall follow the requirements of O.C.G.A. § 50-18-72(a)(34) related thereto. V. Licenses, Certifications and Permits. The Contractor covenants and declares that it has obtained all diplomas, certificates, licenses, permits, or the like required of the Contractor by any and all national, state, regional, county or local boards, agencies, commissions, committees or other regulatory bodies in order to perform the Work contracted for under this Agreement; provided that some permits or licenses related to the Project may be obtained as part of the Work and shall be obtained as required. The Contractor shall secure and pay for the building permit and other permits and governmental fees, licenses and inspections necessary for proper execution and completion of the Work, which are customarily secured after execution of the Agreement and which are legally required. Contractor shall furnish copies of such permits, licenses, etc. to the City within ten (10) days after issuance. W. RESERVED. X. Authority to Contract. The Contractor covenants and declares that it has obtained all necessary approvals of its board of directors, stockholders, general partners, limited partners, or similar authorities to simultaneously execute and bind Contractor to the terms of this Agreement, if applicable. Y. Ownership of Work. All reports, designs, drawings, plans, specifications, schedules, work product, and other materials, including those in electronic form, prepared or in the process of being prepared for the Work to be performed by the Contractor ("Materials") shall be the property of the City, and the City shall be entitled to full access and copies of all Materials in the form prescribed by the City. Any Materials remaining in the hands of the Contractor or subcontractor upon completion or termination of the Work shall be delivered immediately to the City whether or not the Project or Work is commenced or completed, provided, however, that Contractor may retain a copy of any deliverables for its records. The Contractor assumes all risk of loss, damage or destruction of or to Materials. If any Materials are lost, damaged, or destroyed before final delivery to the City, the Contractor shall replace them at its own expense. Any and all copyrightable subject Cmistruction Services Agreement , Version 1.0 matter in all Materials is hereby assigned to the City, and the Contractor agrees to execute any additional documents that may be necessary to evidence such assignment. Z. Nondiscrimination. In accordance with Title VI of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000d, section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6102, section 202 of the Americans with Disabilities Act of 1990, 42 U.S.C. § 12132, and all other provisions of Federal law, the Contractor agrees that, during performance of this Agreement, Contractor, for itself, its assignees and successors in interest, will not discriminate against any employee or applicant for employment, any subcontractor, or any supplier because of race, color, creed, national origin, gender, age or disability. In addition, Contractor agrees to comply with all applicable implementing regulations and shall include the provisions of this paragraph in every subcontract for services contemplated under this Agreement. AA. Consultants Assisting with Procurement. As required by O.C.G.A. § 36-80-28, if the Agreement requires the Consultant to prepare, develop, or draft specifications or requirements for a solicitation (including bids, requests for proposals, procurement orders, or purchase orders) or to serve in a consultative role during a bid or proposal evaluation or negotiation process: (a) the Consultant shall avoid any appearance of impropriety and shall follow all ethics and conflict-of-interest policies and procedures of the City; (b) the Consultant shall immediately disclose to the City any material transaction or relationship, including, but not limited to, that of the Consultant, the Consultant's employees, or the Consultant's agents or subsidiaries, that reasonably could be expected to give rise to a conflict of interest, including, but not limited to, past, present, or known prospective engagements, involvement in litigation or other dispute, client relationships, or other business or financial interest, and shall immediately disclose any material transaction or relationship subsequently discovered during the pendency of the Agreement; and (c) the Consultant agrees and acknowledges that any violation or threatened violation of this paragraph may cause irreparable injury to the City, entitling the City to seek injunctive relief in addition to all other legal remedies. A. Right of Entry. The City shall provide for right of entry for Contractor and Contractor's equipment as required for Contractor to complete the Work; provided that Contractor shall not unreasonably encumber the Project site(s) with materials or equipment. B. City's Representative. Matthew Fallstrom shall be authorized to act on the City's behalf with respect to the Work as the City's designated representative on this Project; provided that any changes to the Work or the terms of this Agreement must be approved as provided in Section 6 above. Section 9. Final Project Documents; Warranty ConstrLiction Services AM4r enient I Version 1.0 A. Final Project Documents. Prior to final payment, Contractor shall deliver to City a written assignment of all warranties, guaranties, certificates, permits, and other documents, including without limitation, all contractors' and manufacturers' warranties. At such time, Contractor shall also deliver to the City copies of all as - built drawings, operations, and maintenance manuals, and any other pertinent documents relating to the construction and operation of the Work that is not otherwise in the possession of the City. B. Warranty. The Contractor warrants to the City and the Contract Administrator that materials and equipment furnished under the Agreement will be of good quality and new, unless otherwise required or permitted by the Contract Documents, that the Work will be free from defects not inherent in the quality required or permitted, and that the Work will conform to the requirements of the Contract Documents. Work not conforming to these requirements, including substitutions not properly approved and authorized, is considered defective. This warranty excludes remedy for damage or defect caused by abuse by the City or modifications to the Work not executed by the Contractor or an employee/subcontractor/sub-subcontractor thereof. Except as may be otherwise specified or agreed, the Contractor shall repair or replace all defects in materials, equipment, or workmanship appearing within 2 year(s) (the "Warranty Period") from the date of final completion at no additional cost to the City. An inspection shall be conducted by the City or its representative(s) near the completion of the Warranty Period to identify any issues that must be resolved by the Contractor. Expiration of the Warranty Period shall not affect the Contractor's continued liability under an implied warranty of merchantability and fitness. All warranties implied by law, including fitness for a particular purpose and suitability, are hereby preserved and shall apply in full force and effect beyond any Warranty Period. Section 10. Termination A. For Convenience. The City may terminate this Agreement for convenience at any time upon providing written notice thereof to Contractor at least seven (7) calendar days in advance of the termination date. B. For Cause. The Contractor shall have no right to terminate this Agreement prior to completion of the Work, except in the event of City's failure to pay the Contractor within thirty (30) calendar days of Contractor providing the City with notice of a delinquent payment and an opportunity to cure. The City may terminate this Agreement for cause as provided in Section 11 of this Agreement. The City shall give Contractor at least seven (7) calendar days' written notice of its intent to terminate the Agreement for cause and the reasons therefor, and if Contractor, or its Surety, fails to cure the default within that period, the termination shall take place without further notice. The City shall then make alternative arrangements for completion of the Project. ('01INIeLIC6011 SCI-ViCCS A11FCIII0nt ; Versi011 1,0 C. Statutory Termination. In compliance with O.C.G.A. § 36-60-13, this Agreement shall be deemed terminated as provided in Section 4(A) of this Agreement. Further, this Agreement shall terminate immediately and absolutely at such time as appropriated or otherwise unobligated funds are no longer available to satisfy the obligation of the City. D. Payment. Provided that no damages are due to the City for Contractor's failure to perform in accordance with this Agreement, and except as otherwise provided herein, the City shall, upon termination for convenience or statutory termination, pay Contractor for Work performed prior to the date of termination in accordance with Section 5 herein. The City shall have no further liability to Contractor for such termination. At its sole discretion, the City may pay Contractor for additional value received as a result of Contractor's efforts, but in no case shall said payment exceed any remaining unpaid portion of the Maximum Contract Price. If this Agreement is terminated for cause, the City will make no further payment to the Contractor or its Surety until the Project is completed and all costs of completing the Project are paid. If the unpaid balance of the amount due the Contractor, according to this Agreement, exceeds the cost of finishing the Project, City shall provide payment to the Contractor (or its Surety) for services rendered and expenses incurred prior to the termination date, provided that such payment shall not exceed the unpaid balance of the amount otherwise payable under this Agreement minus the cost of completing the Project. If the costs of completing the Project exceed the unpaid balance, the Contractor or its Surety shall pay the difference to the City. E. Assumption of Contracts. The City reserves the right in termination for cause to take assignment of all contracts between the Contractor and its subcontractors, vendors, and suppliers. The City will promptly notify the Contractor of the contracts the City elects to assume. Upon receipt of such notice, the Contractor shall promptly take all steps necessary to affect such assignment. F. Conversion to Termination for Convenience. If the City terminates this Agreement for cause and it is later determined that the City did not have grounds to do so, the termination will be converted to and treated as a termination for convenience under the terms of Section 10(A) above. G. Requirements Upon Termination. Upon termination, the Contractor shall: (1) promptly discontinue all services, cancel as many outstanding obligations as possible if requested to do so by the City, and not incur any new obligations, unless the City directs otherwise; and (2) promptly deliver to the City all data, drawings, reports, summaries, and such other information and materials as may have been generated or used by the Contractor in performing this Agreement, whether completed or in process, in the form specified by the City. H. Reservation of Rights and Remedies. The rights and remedies of the City and the C011ARICti011 Services A,.: reenient 1 Version l .O Contractor provided in this Section are in addition to any other rights and remedies provided under this Agreement or at law or in equity. 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 deadline for final completion of the Work. (ii) City's Right to Carry Out the Work. If the Contractor defaults or neglects to carry out the Work in accordance with the Contract Documents and fails within a seven (7) calendar day period after receipt of written notice from the City to commence and/or continue correction of such default or neglect with diligence and promptness, the City may, without prejudice to other remedies the City may have, correct such deficiencies. In such case, an appropriate Change Order shall be issued deducting from payments then or thereafter due the Contractor the reasonable cost of correcting such deficiencies, including City's expenses and compensation for the Architect/Engineer's and/or Contract Administrator's additional services (if any) made necessary by such default, neglect or failure. If payments then or thereafter due the Contractor are not sufficient to cover such amounts, the Contractor shall pay the difference to the City. B. Contractor Default. For the purposes of this Agreement, Contractor shall be in default if any of the following occur during the Term of this Agreement: (a) a failure to fulfill in a timely and proper manner Contractor's obligations under this Agreement; (b) Contractor violates any of the material provisions, agreements, representations or covenants of this Agreement or any applicable city, state, or federal laws, which do not fall within the force majeure provisions of this Agreement; (c) the Contractor becomes insolvent or unable to pay its debts as they mature, or makes an assignment for the benefit of creditors, or files a bankruptcy petition under the United States Bankruptcy Code; or (d) Contractor is the subject ofa 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. Cmistruc;tioii `services Agreeiiiem 1 Version 1.0 In the event of Contractor's default under this Agreement, the City shall send written notice to the Contractor setting forth the specific instances of the default and providing the Contractor with at least seven (7) calendar days to cure or otherwise remedy the default to the reasonable satisfaction of the City. If the default is not remedied during the stated cure period, then the City may, at its election: (a) in writing terminate the Agreement in whole or in part; (b) cure such default itself and charge the Contractor for the costs of curing the default against any sums due or which become due to the Contractor under this Agreement; and/or (c) pursue any other remedy then available, at law or in equity, to the City for such default. Section 12. Construction Administration If a Contract Administrator other than the City has been hired in relation to the Project, the Contract Administrator's administration of the construction of the Project shall be as described in "Exhibit K", attached hereto. The Contractor agrees to the construction administration provisions contained in "Exhibit I£." 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 .€ 1IStrLIC0 11 Services A,,reeinent 3 Version 1.0 executed the remaining portion of this Agreement without including any such part, parts, or portions that may for any reason be hereafter declared invalid. E. Business License. Prior to commencement of the Work to be provided hereunder, Contractor shall apply to the City for a business license, pay the applicable business license fee, and maintain said business license during the Term of this Agreement, unless Contractor provides evidence that no such license is required. F. Notices. (1) Communications Relating to Day -to -Day Activities. All communications relating to the day-to-day activities of the Work shall be exchan ed between Matthew Fallstrom_ for the City and �c rr ,C• [INSERT CONTACT NAME] for the Contractor. (2) Oficial Notices. All other notices, requests, demands, writings, or correspondence, as required by this Agreement, shall be in writing and shall be deemed received, and shall be effective, when (1) personally delivered, or (2) on the third calendar day after the postmark date when mailed by certified mail, postage prepaid, return receipt requested, or (3) upon actual delivery when sent via national overnight commercial carrier to the Party at the addresses given below, or at a substitute address previously furnished to the other Party by written notice in accordance herewith: NOTICE TO CITY shall be sent to: City of Milton Attn: Procurement Manager 2006 Heritage Walk Milton, GA 30004 NOTICE TO CONTRACTOR shall be sent to: DAF Concrete, Inc. 9160 Turner Rd Jonesboro, GA 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 Construction Services Agreement I Version 1.0 waiver shall affect any term or condition other than the one specified in such waiver, and that one only for the time and manner specifically stated. H. Survival. All sections of this Agreement which by their nature should survive termination will survive termination, including, without limitation, confidentiality obligations, warranties, and insurance maintenance requirements. Sovereign Immunity. Nothing contained in this Agreement shall be construed to be a waiver of the City's sovereign immunity or any individual's qualified good faith or official immunities. J. No Personal Liability. Nothing herein shall be construed as creating any individual or personal liability on the part of any of City's elected or appointed officials, officers, boards, commissions, employees, representatives, consultants, servants, agents, attorneys or volunteers. No such individual shall be personally liable to the Contractor or any successor in interest in the event of any default or breach by the City or for any amount which may become due to the Contractor or successor or on any obligation under the terms of this Agreement. Likewise, Contractor's performance of services under this Agreement shall not subject Contractor's individual employees, officers, or directors to any personal liability, except where Contractor is a sole proprietor. The Parties agree that their sole and exclusive remedy, claim, demand, or suit shall be directed and/or asserted only against Contractor or the City, respectively, and not against any elected or appointed official, officers, boards, commissions, employees, representatives, consultants, servants, agents, attorneys and volunteers. K. Force Majeure. Neither the City nor Contractor shall be liable for their respective non -negligent or non -willful failure to perform or shall be deemed in default with respect to the failure to perform (or cure a failure to perform) any of their respective duties or obligations under this Agreement or for any delay in such performance due to: (i) any cause beyond their respective reasonable control; (ii) any act of God; (iii) any change in applicable governmental rules or regulations rendering the performance of any portion of this Agreement legally impossible; (iv) earthquake, fire, explosion, or flood; (v) strike or labor dispute, excluding strikes or labor disputes by employees and/or agents of Contractor; (vi) delay or failure to act by any governmental or military authority; or (vii) any war, hostility, embargo, sabotage, civil disturbance, riot, insurrection, or invasion. In such event, the time for performance shall be extended by an amount of time equal to the period of delay caused by such acts, and all other obligations shall remain intact. L. Headings. All headings herein are intended for convenience and ease of reference purposes only and in no way define, limit, or describe the scope or intent thereof, or of this Agreement, or in any way affect this Agreement. M. No Third Party Rights. This Agreement shall be exclusively for the benefit of the Parties and shall not provide any third parties with any remedy, claim, liability, reimbursement, cause of action or other right. Constrtic:tion Services A4free mint I Version 1.0 N. Successors and Assigns. Subject to the provision of this Agreement regarding assignment, each Party binds itself, its partners, successors, assigns, and legal representatives to the other Party hereto, its partners, successors, assigns, and legal representatives with respect to all covenants, agreements, and obligations contained in the Contract Documents. O. Agreement Construction and Interpretation. Contractor represents that it has reviewed and become familiar with this Agreement and has notified the City of any discrepancies, conflicts or errors in the Contract Documents. The Parties hereto agree that, if an ambiguity or question of intent or interpretation arises, this Agreement is to be construed as if the Parties had drafted it jointly, as opposed to being construed against a Party because it was responsible for drafting one or more provisions of the Agreement. In the interest of brevity, the Contract Documents may omit modifying words such as "all" and "any" and articles such as "the" and "an," but the fact that a modifier or an article is absent from one statement and appears in another is not intended to affect the interpretation of either statement. P. Material Condition. Each term of this Agreement is material, and Contractor's breach of any term of this Agreement shall be considered a material breach of the entire Agreement and shall be grounds for termination or exercise of any other remedies available to the City at law or in equity. Q. Use of Singular and Plural. Words or terms used as nouns in the Agreement shall be inclusive of their singular and plural forms, unless the context of their usage clearly requires contrary meaning. Ilii WITNESS WHEREOF, the City and the Contractor have executed this Agreement effective as of the Effective Date first above written. [SIGNATURES ON FOLLOWING PAGE] t"01Istructiorl Sei-vices Agreenient I Version 1.0 CITY OF NULTON, GEORGIA By: Joe Lockwood, Mayor [CITY SEAL] Attest: Print Name: Its: City Clerk Approved as to form: City Attorney CONTRACTOR: DAF Concrete, Inc. Print Name: Aei }-a n i o .Sc,.n c.k-cZ Its: [CIRCLE ONE] reside Vice President (Corporation) .�F•••"`°"'t••�,,,, [CORPORATE SEAL] (required if corporation) to t/Witn s: Print Name: Its: 6' .t ((Assistant) Corporate S cretary if corporation) Construction Services Agreement I Version 1.0 a W► Is, f1I'll Y HOME OF " MILTON SI ILD 100o CITY OF MILTON INVITATION TO BID (THIS IS NOT AN ORDER) Bid Number: Project Name: 19-PW10 Sidewalk & ADA Ramp Replacement Due Date and Time: City of Milton August 20, 2019 Number of Pages: 107 Local Time: 2:00pm 2006 Heritage Walk Milton, GA 30004 I ISSUING DEPARTMENT INFORMATION I Issue Date: July 25, 2019 City of Milton Phone: 678-242-2500 Public Works Department Fax: 678-242-2499 2006 Heritage Walk Website: www.cityofmiltonga.us Milton, GA 30004 INSTRUCTIONS TO BIDDERS Return Submittal to: Mark Face of Envelope/Package: Bidder Phone Number: Bid Number: 19-PW10 City of Milton Name of Company or Firm Attn: Honor Motes, Purchasing Office BID RESPONSE 2006 Heritage Walk Milton, GA 30004 Special Instructions: Deadline for Written Questions August 6, 2019 at 5:00 pm Email questions to Honor Motes at honor. mofes@cit ofmilfon ga. us BIDDERS MUST COMPLETE THE FOLLOWING Bidder Name/Address: Authorized Bidder Signatory: (Please print name and sign in ink) Bidder Phone Number: Bidder FAX Number: Bidder Federal I.D. Number: Bidder E-mail Address: BIDDERS MUST RETURN THIS COVER SHEET WITH BID RESPONSE ITB 19 -PW 10 1 1 Page Topic Page Definitions 3 Invitation to Bid 4 Schedule of Events 6 Bidding Instructions (What must be submitted) 7 Insurance/Bond Requirements 8 Bid Form and Addenda Acknowledgement 13 Bid Bond (3 pages) 15 Qualifications Signature and Certification 18 Corporate Certificate 18 List of Subcontractors 19 Contractor Affidavit and Agreement (eVerify) 20 Disclosure Form 21 Project Specifications 22 Bid Submittal Form 33 General Conditions 35 EPD Air Quality Rules 41 Sample Contract Agreement 42 ITB 19 -PW 10 2 1 Page COMPW: City of Milton Public Works Department CY: Cubic Yard GDOT: Georgia Department of Transportation ENGINEER: The City of Milton Director of Public Works or a duly authorized representative. ADA: Americans with Disabilities Act EA: Each GAL: Gallon LF: Lineal Feet LM: Lineal Mile LS: Lump Sum SY: Square Yard TN: Ton MUTCD: Manual on Uniform Traffic Control Devices OSHA: Occupational Safety and Health Administration FHWA: Federal Highway Administration AASHTO: American Association of State Highway and Transportation Officials ITB 19 -PW 10 3 1 Page HOME OF' THE BEST OUALITY OF LIFE IN GEORGIA' I LTONI k1 ESTABLISHED 2006 Invitation to Bid 19-PW10 The City of Milton is accepting sealed bids from qualified firms for the Sidewalk & ADA Ramp Replacement Project for the Public Works Department in conformance with Title 32, Chapter 4, Article 4, Part 2 of the Official Code of Georgia Annotated. All work will be done in accordance with Georgia Department of Transportation's (GDOT) Standard Drawings, Standard Specifications, and Pay Items Index as standards and specifications for the construction and completion of the work required. All bidders must comply with all general and special requirements of the bid information and instructions enclosed herein. Sealed bids will be received no later than 2:00 PM Local Time on August 20, 2019. Sealed bids shall be submitted to: City of Milton Attn: Honor Motes, Purchasing Office, 2006 Heritage Walk Milton, GA 30004. At approximately 2:05 PM Local Time on the day bids are received the bids will be publicly opened and the bidder's name and total bid amount will be read aloud at: City of Milton City Hall, 2006 Heritage Walk, Milton, GA 30004. Bids received after the above time or in any other location other than the Purchasing Office will not be accepted. Bids shall be presented in a sealed envelope with the bid number (19 -PW 10) and the name of the company or firm submitting clearly marked on the outside of the envelope. ONE (1) ORIGINAL (PAPER) AND TWO (2) COPIES (PAPER) AND A PDF COPY OF THE BID ON CD or FLASH DRIVE MUST BE SUBMITTED. Bids will not be accepted verbally, by fax, or email_ Questions must be in writing_ For questions, please email Honor Motes at honor.motes@cityofmiltongo.us. Deadline for questions is August 6, 2019 at 5:00pm. Official answers to questions and potential changes to the ITB (Addendums) will be posted at the same web locations as the ITB on or about August 8, 2019. Any other form of interpretation, correction, or change to this ITB will not be binding upon the City. It is the bidder's responsibility to check the websites for potential updates. Please refer to Bid (19 -PW 10) and bid name (Sidewalk & ADA Ramp Replacement Project) when requesting information. The City of Milton reserves the right to reject any or all bids and to waive technicalities and informalities, and to make award in the best interest of the City of Milton. The selected contractor must be able to start work within ten (10) calendar days ITB 19 -PW 10 4 1 Page after the "Notice to Proceed" is issued. The time of completion for the project is to be determined prior to the issuance of the "Notice to Proceed." If weather affects the required completion schedule, The City and selected contractor will negotiate a new completion date. Section 108.08 of the State of Georgia Department of Transportation Standard Specifications Construction of Transportation Systems (current edition) shall be applied. *Important to remember when submitting digital files: 1.. Murk all CD's or Flash Drives with Bidder's name and ITB number and title. 2. All digital files must be in either (unless otherwise specified within this document): a. Microsoft Office file format or b. Portable Document Format (PDF). 3. Use caution in creating the electronic files. If the City is unable to open files due to data -corruption, password or encryption error, etc., the Bidder's proposal may be considered incomplete. 4. OTE: All digital copies must include exactly the same information as provided in the hard copy "Original". ITB 19 -PW 10 5 1 Page SCHEDULE OF EVENTS FOR REFERENCE ONLY - DO NOT SUBMIT WITH BID RESPONSE EVENT ITB Issue Date DATE July 25, 2019 Deadline for Receipt of Written Questions 5 PM on August 6, 2019 Posting of Written Answers by City to Websites on or about August 8, 2019 ITB DUE No Later than 2:00 PM on August 20, 2019 Tentative Contract Award (on/about) September 9, 2019 Notice to Proceed (on/about) To be coordinated with the Contractor NOTE: PLEASE CHECK THE CITY WEBSITE (hfp://www.cityofmiltonga.us) FOR ADDENDA AND SCHEDULE UPDATES. ITB 19 -PW 10 6 1 Page FAILURE TO RETURN THE FOLLOWING BID DOCUMENTS COULD RESULT IN THE BID BEING DEEMED NON-RESPONSIVE AND BEING REJECTED: Item Description Page(s) 1 Filled out and Signed Invitation to Bid (Cover Sheet) 1 2 Bid Form and Addenda Acknowledgement (2 pages) 13-14 3 Bid Bond (3 pages) 15-17 4 Qualifications Signature and Certification 18 5 List of Subcontractors 19 6 Contractor Affidavit and Agreement (eVerify) 20 7 Disclosure Form 21 8 Bid Submittal Form (2 pages) 33-34 The purpose of this solicitation is to enter into a unit price "purchasing contract with one firm to be the primary supplier of the Sidewalk & ADA Ramp Replacement Project, ITB 19 -PW 10. No specification expressed or implied shall be construed as any type of restrictive specification that would limit competition. Unless clearly shown as "no substitute" or any words to that effect, any items in these contract documents which have been identified, described or referenced by a brand name or trade name are for reference only. Such identification is intended to be descriptive but not restrictive and is to indicate the general quality and characteristics of products that may be offered. Each bid item for which an equivalent item is proposed must be individually identified on the bid sheet with the following information: brand name, model or manufacturer's number or identification regularly used in the trade. Photographs, specifications and cut sheets shall be provided of the proposed alternative. The City shall be the sole judge of the suitability of the proposed alternative and may consider function, design, materials, construction, workmanship, finishes, operating features, overall quality, local service facilities, warranty terms and service or other relevant features. The City reserves the right to cancel the contract at any time with 30 days written ITB 19 -PW 10 7 1 Page notice. Title to any supplies, materials, equipment or other personal property shall remain the Contractors' until fully paid for by the City. All items to be bid FOB, Milton, Georgia. No sales taxes are to be charged. Any damage to any building or traffic control device, or equipment incurred during the course of work shall be repaired at the contractor's expense to the complete satisfaction of the City of Milton with no additional expense to the City. The City intends to evaluate the ITB on the lowest, responsible, and responsive bidder. Bids may be found nonresponsive at any time during the evaluation or contract process, if any of the required information is not provided; the submitted price is found to be inadequate; or the proposal is not within the specifications described and required in the ITB. If a bid is found to be non- responsive or non-qualified, it will not be considered further. Within ten (10) days of Notice of Award, and at all times that this Contract is in force, the Contractor shall obtain, maintain and furnish the City Certificates of Insurance from licensed companies doing business in the State of Georgia with an A.M. Best Rating A-6 or higher and acceptable to the City. Within 10 days of Notice of Award, and at all times that this Contract is in force, the Contractor shall obtain, maintain and furnish the City Certificates of Insurance from licensed companies doing business in the State of Georgia with an A.M. Best Rating A-6 or higher and acceptable to the City. Insurance requirements are provided below and included in the CONTRACT AGREEMENT (Section 7.K). (1) Requirements: The Contractor shall have and maintain in full force and effect for the duration of this Agreement, insurance insuring against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Work by the Contractor, its agents, representatives, employees or subcontractors. All policies shall be subject ITB 19 -PW 10 8 1 Page to approval by the City Attorney as to form and content. These requirements are subject to amendment or waiver if so approved in writing by the City. (2) Minimum Limits of Insurance: Contractor shall maintain the following insurance policies with limits no less than: (a) Comprehensive General Liability of $1,000,000 (one million dollars) limit per single occurrence, $2,000,000 (two million dollars) umbrella, including coverage for bodily and personal injury, sickness, disease or death, injury to or destruction of property, including loss of use resulting therefrom, vandalism, property loss and theft. (b) Comprehensive Automobile Liability (owned, non -owned, hired) of $1,000,000 (one million dollars) combined single limit per occurrence for bodily and personal injury, sickness, disease or death, injury to or destruction of property, including loss of use resulting therefrom. (c) Workers' Compensation limits as required by the State of Georgia and Employers Liability limits of $1,000,000 (one million dollars) per accident. (3) Deductibles and Self -Insured Retentions: Any deductibles or self-insured retentions must be declared to and approved by the City in writing. (4) Other Insurance Provisions: The policy is to contain, or be endorsed to contain, the following provisions: (a) General Liability and Automobile Liability Coverage. (i) The City and City Parties are to be covered as insureds. The coverage shall contain no special limitations on the scope of protection afforded to the City or City Parties. (ii) The Contractor's insurance coverage shall be primary noncontributing insurance as respects to any other insurance or self-insurance available to the City or City Parties. Any insurance or self-insurance maintained by the City or City Parties shall be in excess of the Contractor's insurance and shall not contribute with it. (iii) Any failure to comply with reporting provisions of the policies ITB 19 -PW 10 9 1 Page shall not affect coverage provided to the City or City Parties. (iv) Coverage shall state that the Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (v) Coverage shall be provided on a "pay on behalf" basis, with defense costs payable in addition to policy Limits. There shall be no cross liability exclusion. (vi) The insurer agrees to waive all rights of subrogation against the City and City Parties for losses arising from Work performed by the Contractor for the City for General Liability coverage only. (b) Workers' Compensation Coverage: The insurer providing Workers' Compensation Coverage will agree to waive all rights of subrogation against the City and City Parties for losses arising from Work performed by the Contractor for the City. (c) All Coverages: (i) Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled, reduced in coverage or in limits except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. (ii) Policies shall have concurrent starting and ending dates. (5) Acceptability of Insurers: Insurance is to be placed with insurers authorized to do business in the State of Georgia and with an A.M. Bests' rating of no less than A:VI. (6) Verification of Coverage: Contractor shall furnish the City with certificates of insurance and endorsements to the policies evidencing coverage required by this clause prior to the start of Work. The certificate of insurance and endorsements shall be on a form utilized by Contractor's insurer in its normal course of business and shall be received and approved by the City within ten (10) days of the Notice of Award. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. The Contractor shall provide proof that any expiring coverage has ITB 19 -PW 10 10 1 Page been renewed or replaced at least two (2) weeks prior to the expiration of the coverage. (7) Subcontractors: Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverage for subcontractors shall be subject to all of the requirements stated in this Agreement, including but not limited to naming the Parties as additional insureds. (8) Claims -Made Policies: Contractor shall extend any claims -made insurance policy for at least six (6) years after termination or final payment under the Agreement, whichever is later. (9) City as Additional Insured and Loss Payee: The City shall be named as an additional insured and loss payee on all policies required by this Agreement, except the City need not be named as an additional insured and loss payee on any Workers' Compensation policy. 11-TO7Z11171ill"J*M ;; : ►1T7��il cif Each bid must be accompanied with a BID BOND (bond only: certified checks or other forms are not acceptable) in an amount equal to five percent (5%) of the base bid, payable to the City of Milton. Said bid bond guarantees the bidder will enter into a contract to construct the project strictly within the terms and conditions stated in this bid and in the bidding and contract documents, should the construction contract be awarded. The Successful Bidder shall be required to furnish PAYMENT T EFO E BONDSfor the faithful performance on the contract and a bond to secure payment of all claims for materials furnished and/or labor performed in performance of the project, both in amounts equal to one hundred percent (100%) of the base bid price. The Successful Bidder shall also be required to furnish a MAINTENANCE BOND, in the amount of one-third (1 /3) of the contract price, guaranteeing the repair or replacement caused by defective workmanship or materials for a period of two (2) years from the completion of construction. ITB 19 -PW 10 11 1 Page Bonds shall be issued by a corporate surety appearing on the Treasury Department's most current list (Circular 570 as amended) and be authorized to do business in the State of Georgia. Bonds shall be on the forms provided by the City and subject to the review and approval of the City Attorney. Date of Bond must not be prior to date of Contract. If Contractor is a Partnership, all partners shall execute Bond. Prior to commencing the Work, the successful bidder shall execute a written oath as required by O.C.G.A. §§ 32-4-122 and 36-91-21(e) The costs for developing and delivering responses to this ITB and any subsequent presentations of the proposal as requested by the City are entirely the responsibility of the bidder. The City is not liable for any expense incurred by the bidder in the preparation and presentation of their proposal. All materials submitted in response to this ITB become the property of the City of Milton. ITB 19 -PW 10 12 ) Page HOME OF ' iH'r M I LTO N ESTABLISHED 2006 [BIDDERS MUST RETURN THIS FORM WITH BID RESPONSE] BID FORM and ADDENDA ACKNOWLEDGEMENT TO: PURCHASING OFFICE CITY OF MILTON MILTON, GEORGIA 30004 Ladies and Gentlemen: In compliance with your Invitation To Bid, the undersigned, hereinafter termed the Bidder, proposes to enter into a Contract with the City of Milton, Georgia, to provide the necessary machinery, tools, apparatus, other means of construction, and all materials and labor specified in the Contract Documents or as necessary to complete the Work in the manner therein specified within the time specified, as therein set forth, for: Bid Number 19-PW10 Sidewalk & ADA Ramp Replacement Project The Bidder has carefully examined and fully understands the Contract, Specifications, and other documents hereto attached, has made a personal examination of the Site of the proposed Work, has satisfied himself as to the actual conditions and requirements of the Work, and hereby proposes and agrees that if his bid is accepted, he will contract with the City of Milton in full conformance with the Contract Documents. Unless otherwise directed, all work performed shall be in accordance with the Georgia Department of Transportation Standard Specifications, Construction of Transportation Systems (current edition)_ It is the intent of this Bid to include all items of construction and all Work called for in the Specifications, or otherwise a part of the Contract Documents. In accordance with the foregoing, the undersigned proposes to furnish and construct the items listed in the attached Bid schedule for the unit prices stated. The Bidder agrees that the cost of any work performed, materials furnished, services provided or expenses incurred, which are not specifically delineated in the Contract Documents but which are incidental to the scope, intent, and completion of the Contract, shall be deemed to have been included in the prices bid. The Bidder further proposes and agrees hereby to promptly commence the Work with adequate forces within ten (10) calendar days from the Notice to Proceed, and to ITB 19 -PW 10 13 1 Page complete all Work as scheduled in Task Order(s) issued. If weather affects the required completion schedule, the City and selected Bidder will negotiate a new completion date. Attached hereto is an executed Bid Bond in the amount of (Five Percent of Amount Bid). Dollars ($ If this bid shall be accepted by the City of Milton and the undersigned shall fail to execute a satisfactory contract in the form of said proposed Contract, and give satisfactory Performance and Payment Bonds, or furnish satisfactory proof of carriage of the insurance required within ten days from the date of Notice of Award of the Contract, then the City of Milton may, at its option, determine that the undersigned abandoned the Contract and there upon this bid shall be null and void, and the sum stipulated in the attached Bid Bond shall be forfeited to the City of Milton as liquidated damages. Bidder acknowledges receipt of the following addenda: Addendum No. Date viewed Bidder further declares that the full name and resident address of Bidder's Principal is as follows: Signed, sealed, and dated this day of 20 Bidder Company Name Bidder Mailing Address: Signature: Print Name: Title: ITB '19 -PW 10 14 1 Page (Seal) HOME OF' HE BEST O!_IALITY OF LIFE 1rI GEORGIA' I LTO N1 ESTA BLISHFD 2006 [BIDDERS MUST RETURN THESE SHEETS WITH BID RESPONSE] BID BOND CITY OF MILTON, GEORGIA BIDDER (Name and Address): SURETY (Name and Address of Principal Place of Business): OWNER (hereinafter referred to as the "City" (Name and Address): City of Milton, Georgia ATTN: Purchasing Office 2006 Heritage Walk Milton, Georgia 30004 BID BID DUE DATE: PROJECT (Brief Description Including Location): BOND BOND NUMBER: DATE (Not later that Bid due date): PENAL SUM: (Words) (Figures) IN WITNESS WHEREOF, Surety and Bidder, intending to be legally bound hereby to the City, subject to the terms printed below or on the reverse side hereof, do each cause this Bid Bond to be duly executed on its behalf by its authorized officer, agent or representative. BIDDER (Seal) Bidder's Name and Corporate Seal Bv: Signature and Title: Attest: Signature and Title: SURETY (Seal) Surety's Name and Corporate Seal Bv: Signature and Title: (Attach Power of Attorney) Attest: Signature and Title: ITB 19 -PW 10 15 1 Page Note: (1) Above addresses are to be used for giving any notice required by the terms of this Bid Bond. (2) Any singular reference to Bidder, Surety, the City or any other party shall be considered plural where applicable. 1. Bidder and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to pay to the City upon Default of Bidder the penal sum set forth on the face of this Bond. 2. Default of Bidder shall occur upon the failure of Bidder to deliver within the time required by the Bidding Documents (or any extension of that time agreed to in writing by the City) the executed Agreement required by the Bidding Documents and any performance and payment Bonds required by the Bidding Documents. 3. This obligation shall be null and void if: 3.1 The City accepts Bidder's Bid and Bidder delivers within the time required by the Bidding Documents (or any extension of that time agreed to in writing by the City) the executed Agreement required by the Bidding Documents and any performance and payment Bonds required by the Bidding Documents; or 3.2 All Bids are rejected by the City; or 3.3 The City fails to issue a Notice of Award to Bidder within the time specified in the Bidding Documents (or any extension of that time agreed to in writing by Bidder and, if applicable, consented to by Surety when required by paragraph 5 hereof). 4. Payment under this Bond will be due and payable upon Default by Bidder within 30 calendar days after receipt by Bidder and Surety of a written Notice of Default from the City, which Notice will be given with reasonable promptness and will identify this Bond and the Project and include a statement of the amount due. 5. Surety waives notice of, as well as any and all defenses based on or arising out of, any time extension to issue a Notice of Award agreed to in writing by the City and Bidder, provided that the total time, including extensions, for issuing a Notice of Award shall not in the aggregate exceed 120 days from Bid due date without Surety's written consent. 6. No suit or action shall be commenced under this Bond either prior to 30 calendar days after the Notice of Default required in paragraph 4 above is received by Bidder and Surety or later than one year after Bid due date. 7. Any suitor action under this Bond shall be commenced only in a court of competent jurisdiction located in the State of Georgia. ITB 19 -PW 10 16 1 Page 8. Notices required hereunder shall be in writing and sent to Bidder and Surety at their respective addresses shown on the face of this Bond. Such notices may be sent by personal delivery, commercial courier or by United States Registered or Certified Mail, return receipt requested, postage pre -paid, and shall be deemed to be effective upon receipt by the party concerned. 9. Surety shall cause to be attached to this Bond a current and effective Power of Attorney evidencing the authority of the officer, agent or representative who executed this Bond on behalf of Surety to execute, seal and deliver such Bond and bind the Surety thereby. 10. This Bond is intended to conform to all applicable statutory requirements. Any applicable requirement of any applicable statute that has been omitted from this Bond shall be deemed to be included herein as if set forth at length. If any provision of this Bond conflicts with any applicable statute, then the provision of said statute shall govern and the remainder of this Bond that is not in conflict therewith shall continue in full force and effect. 11. The term "Bid" as used herein includes a Bid, offer or proposal, as applicable under the particular circumstances. 12. The terms of this Bid Bond shall be governed by the laws of the State of Georgia. ITB 19 -PW 10 17 1 Pace HOME OF',, ; i MILTIO.N ESTABLISHED 2006 [BIDDERS MUST RETURN THIS FORM WITH BID RESPONSE] QUALIFICATIONS SIGNATURE AND CERTIFICATION I certify that this offer is made without prior understanding, agreement, or connection with any corporation, firm, or person submitting a proposal for the same materials, supplies, equipment, or services and is in all respects fair and without collusion or fraud. I understand collusive bidding is a violation of State and Federal Law and can result in fines, prison sentences, and civil damage awards. I agree to abide by all conditions of the proposal and certify that I am authorized to sign this proposal for the proposer. I further certify that the provisions of the Official Code of Georgia Annotated, including but not limited to Title 32, Chapter 4, Article 4, Part 2 and Sections 45-10-20 et seq. have not been violated and will not be violated in any respect. Authorized Signature Date Print/Type Name Print/Type Company Name Here CORPORATE CERTIFICATE I, , certify that I am the Secretary of the Corporation named as Contractor in the foregoing bid; that who signed said bid in behalf of the Contractor, was then (title) of said Corporation; that said bid was duly signed for and in behalf of said Corporation by authority of its Board of Directors, and is within the scope of its corporate powers; that said Corporation is organized under the laws of the State of This (Signature) day of 20 (Seal) ITB 19 -PW 10 18 1 Page MILTON "�►►` ESTABLISHED 2006 [BIDDERS MUST RETURN THIS FORM WITH BID RESPONSE] LIST OF SUBCONTRACTORS I do , do not , propose to subcontract some of the work on this project. I propose to Subcontract work to the following subcontractors: Company Name: ITB 19 -PW 10 19 1 Page HOME OF' THE BEST QUALITY OF LIFE IN GEORGIA'I LTO N, FSTARLISIIFI) 2006 [BIDDERS MUST RETURN THIS FORM WITH BID RESPONSE] CONTRACTOR AFFIDAVIT AND AGREEMENT STATE OF GEORGIA CITY OF MILTON By executing this affidavit, the undersigned contractor verifies its compliance with O.C.G.A. § 13- 10-91, stating affirmatively that the individual, firm, or corporation which is engaged in the physical performance of services on behalf of the City of Milton has registered with, is authorized to use and uses the federal work authorization program commonly known as E -Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91. Furthermore, the undersigned contractor will continue to use the federal work authorization program throughout the contract period and the undersigned contractor will contract for the physical performance of services in satisfaction of such contract only with subcontractors who present an affidavit to the contractor with the information required by O.C.G.A. § 13-10-91 (b). Contractor hereby attests that its federal work authorization user identification number and date of authorization are as follows: eVerify Number Date of Authorization Name of Contractor Sidewalk & ADA Rer)lacement Proiect 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: ITB 19 -PW 10 20 1 Page HOME OF' THF REST QUALITY OF LIFE IN GEORGIA' I LTONI*k FSTABLISHFD 2006 [BIDDERS MUST RETURN THIS FORM WITH BID RESPONSE] DISCLOSURE FORM This form is for disclosure of campaign contributions and family member relations with City of Milton officials/employees. Please complete this form and return as part of your bid package when it is submitted. Name of Bidder Name and the official position of the Milton Official to whom the campaign contribution was made (Please use a separate form for each official to whom a contribution has been made in the past two (2) years.) List the dollar amount/value and description of each campaign contribution made over the past two (2) years by the Applicant/Opponent to the named Milton Official. Amount/Value Description Please list any family member that is currently (or has been employed within the last 9 months) by the City of Milton and your relation: ITB 19-PW10 21 1 Page The City of Milton Public Works Department (City) requests for interested parties to submit formal sealed bids for the Sidewalk & ADA Ramp Replacement Project. The project will consist of the demolition of broken, cracked and damaged sidewalks. The Contractor will also demo marked handicap ramps and replace them with ADA compliant ramps. Additionally, the Contractor will remove and replace marked cub and gutter and storm drain lids. The project segments locations are listed below and are called out on the bid schedule. Work will be done at various locations on these roads. Everything will be marked for the Contractor and will be reviewed with Milton Public Works and the Contractor prior to work starting. ® Belleterre Subdivision - Remove and replace all marked sidewalk and curb and gutter sections throughout the subdivision. Contractor will also replace all handicamp ramps that are not ADA compliant. Listed below are the roads and estimated quantities for each road. • Aurelia Trace - 43 SY of sidewalk • Marleberry Ct. - 14 SY of sidewalk • Pennroyal Ln. - 58 SY of sidewalk • Burren Ct. - 14 SY of sidewalk • Sweetbrier Dr. - 100 SY of sidewalk • Belleterre Dr. 1 12 SY of sidewalk and 2 HC ramps at the entrance ® Brookshade Subdivision- Remove and replace all marked sidewalk and curb and gutter sections throughout the subdivision. Contractor will also replace all handicamp ramps that are not ADA compliant. Listed below are the roads and estimated quantities for each road. • Brookshade Pkwy - 65 SY of sidewalk and 4 HC ramps • Highland Oaks Ct. - 22SY of sidewalk and 1 HC ramp • Oak Hill Ct. - 25 SY of sidewalk • N Brookshade Pkwy - 34 SY of sidewalk • Hickory Oaks Ct - 3 SY of sidewalk and 1 HC ramp • Oakhurst Leaf 29 SY of sidewalk and 10 KF of curb and gutter. • Oakleaf Way - 3 SY of sidewalk and 1 HC ramp. ITB 19 -PW 10 22 1 Page • Bethany Creek Subdivision- Remove and replace all marked sidewalk and curb and gutter sections throughout the subdivision. Listed below are the roads and estimated quantities for each road. o South Bethany Creek Dr - 45 SY of sidewalk. o Parkbrook Tr. - 15 SY of sidewalk. • Bethany Bend- Remove and replace all marked Sidewalk and curb and gutter sections throughout the subdivision. Contractor will also replace all handicamp ramps that are not ADA compliant. This work is located between SR 9 and Morris Road. This project shall follow the City of Milton Specifications called out in this bid. The most current GDOT Specifications and shelf Special Provisions apply to all work performed under this contract. In case of discrepancy between the unit price and the total price on the completed Bid Schedule, the unit price will prevail, and the total price will be corrected. All work associated with this contract shall meet the City of Milton and Georgia DOT standard specifications for construction materials, methods and procedures not specifically listed in this solicitation. The following are special provisions prepared specifically for this contract and may be in conflict with parts of the standard specifications. If conflicts are evident the special provisions shall take precedence over the standard specifications. The City desires to have all work completed by December 31, 2019_ Please indicate on the Bid Sheet your projected response time and calendar days to complete the project. This information will be considered when awarding this contract. Construction shall begin no later than 10 calendar days following the Notice to Proceed. The Contractor will mobilize with sufficient forces such that all ITB 19-P W 10 23 1 Page construction identified as part of this contract shall be substantially completed within the calendar days indicated on the Bid Schedule. Inclement weather days will not count against the available calendar days. Normal workday for this project shall be 9:00 am to 4:00 pm and the normal workweek shall be Monday through Friday. The City will consider extended workdays or workweeks upon written request by the Contractor on a case by case basis. No work will be allowed on City recognized holidays including Labor Day, Veterans Day, Thanksgiving, and Christmas. The work will require bidder to provide all labor, administrative forces, equipment, materials and other incidental items to complete all required work. The City shall perform a Final Inspection upon completion of all work. The Contractor will be allowed to participate in the Final Inspection. All repairs shall be completed by the Contractor at his expense prior to issuance of Final Acceptance. 10% retainage will be held from the total amount due the Contractor until Final Acceptance of work is issued by the City. The Contractor shall provide all materials, labor, and equipment necessary to perform the work without delay unto completion. The Contractor shall procure all permits and Licenses, pay all charges, taxes and fees, and give all notices necessary and incidental to the due and Lawful prosecution of the work. The Contractor will be responsible for all quality control testing (sampling, testing, and inspections) of materials incorporated into the project. All materials and workmanship shall meet appropriate GDOT specifications. Materials quality control testing types will meet GDOT specifications at a frequency equal to or exceeding that set by those specifications. Contractor shall secure the services of a GDOT qualified geotechnical testing firm to perform all required tests. Test results shall be provided to the City promptly as the work progresses. Tests shall meet GDOT Specs for type, method, and frequency. This work shall be considered incidental to the rest of the work and no separate payment will be made. ITB 19-P W 10 24 1 Page Contractor will be responsible for replacing any work performed with material from rejected sample lot at no cost to the City. The quantities given are estimates only and will vary from those indicated. The City reserves the right to add or delete quantities at any time. Contractor will notify the City in writing if additional items are identified or quantities of contract items will exceed plan. At no time will Contractor proceed with work outside the prescribed scope of services for which additional payment will be requested without the written authorization of the City. There are utilities in the project area. Contractor shall be responsible for Locating and coordinating any utility relocation necessary for completion of the work. Utility plan sheets provided are based on early coordination and are subject to change. Cali "811 Know what's below Call before you dig." Locate, maintain and protect existing utilities at all times during construction. ,r< The Contractor shall, at all times, conduct his work in accordance with the traffic control plan and so as to assure the least possible obstruction of traffic. The safety and convenience of the general public and the residents along the roadway and the protection of persons and property shall be provided for by the Contractor as specified in the State of Georgia, Department of Transportation Standard Specifications Sections 104.05, 107.09 and 150. Traffic whose origin and destination is within the Limits of the project shall be provided ingress and egress at all times unless otherwise specified by the City. The ingress and egress includes entrances and exits VIA driveways at various properties, and access to the intersecting roads and streets. The Contractor shall maintain sufficient personnel and equipment (including flaggers and traffic control signing) on the project at all times, particularly during inclement weather, to insure that ingress and egress are safely provided when and where needed. ITB 19-P W 10 25 1 Page Two-way traffic shall be maintained at all times unless otherwise specified or approved by the City. In the event of an emergency situation, the Contractor shall provide access to emergency vehicles and/or emergency personnel through or around the construction area. Any pavement damaged by such an occurrence will be repaired by the Contractor at no additional cost to the City. The Contractor shall furnish, install and maintain all necessary and required barricades, signs, temporary striping and other traffic control devices in accordance with the MUTCD and DOT specifications, and take all necessary precautions for the protection of the workers and safety of the public. This shall include variable message boards to be placed near the intersection location, prior to beginning construction activities, to notify the traveling public of the upcoming lane closure(s).'These variable message boards shall remain in place from to the beginning construction until substantial completion of the project. There shall be two (2) variable message boards, (one in each direction). All existing signs, markers and other traffic control devices removed or damaged during construction operations will be reinstalled or replaced at the Contractor's expense. At no time will Contractor remove regulatory signing which may cause a hazard to the public. The Contractor shall, within 24 hours place temporary pavement markings (paint or removable tape) matching existing pavement markings on milled or patched pavements. All personnel and equipment required for maintaining temporary traffic control, public convenience and safety will be included in the contract price. The Contractor shall be responsible for the preservation of all public and private property, crops, fish ponds,: trees, monuments, highway signs and markers, fences, grassed and sodded areas, mail boxes and supports, water meters, etc. along and adjacent to the highway, road or street, and shall use every precaution necessary to prevent damage or injury thereto, unless the removal, alteration, or destruction of such property is provided for under the contract. No stone or asphalt chunks shall be left in the right-of-way and screened topsoil shall be placed in all disturbed areas before grassing. Contractor is responsible for ensuring that all permanent grassing shall match the existing grassing When or where any direct or indirect damage or injury is done to public or private property by or on account of any act, omission, neglect or misconduct in the execution of the work, or in consequence of the non -execution thereof by the ITB 19 -PW 10 26 1 Page contractor, he shall restore, at his/her own expense, such property to a condition similar or equal to that existing before such damage or injury was done, by repairing, rebuilding or otherwise restoring as may be directed, or she/he shall make good such damage or injury in an acceptable manner. The Contractor shall correct all disturbed areas before retainage will be released. This work shall consist of the installation of new 4' and 5' sidewalk and ADA compliant ramps. The Contractor will install the new sidewalk in accordance with GDOT Standard Specifications Sections, Article 441. Ramps will be constructed in accordance to GDOT detail A3 that replaces GA Standard 9031 W and must meet Federal ADA standards with regard to slope and grade and shall be constructed using 3000 psi concrete (class A). The Contractor shall inspect the locations specified in the bid to determine the extent of work necessary to construct or upgrade each ramp. The Contractor is to select the ramp type to be used based on the site conditions and configuration of existing sidewalk present unless specifically indicated. In some circumstances the Contractor can install detectable warning panels if existing ramps are constructed to at the proper grade and slope. Sidewalk and Ramps that are removed must be poured back no longer than 24 hours after removal. The sidewalk and ramps should have appropriate sidewalk closed signage in place when work starts. Expansion joints shall be placed at an interval of 40 feet on center throughout the sidewalk length and at all interfaces with existing sidewalk or structures. The surface of the sidewalk and subgrade shall not exceed a cross slope of 2%. This slope shall be directed to the street unless otherwise directed by the City. The forms shall be made of steel or wood to insure the accurate maintenance of lines and grades. Flexible strips may be used where necessary on curves. After forms are completely set in place the Contractor shall have the forms inspected by the City prior to pouring concrete. All new concrete sidewalks shall be a minimum of 4 inches thick and shall meet the GDOT specifications for Portland Cement Concrete. The subgrade shall be thoroughly moistened, and the concrete shall be deposited to the proper depth. The concrete along the edges of the forms shall be well spaded against the forms and the concrete shall be struck off until all voids are removed, and the surface has the required grade and cross section. ITB 19 -PW 10 27 1 Page The surface shall be struck off with a straight edge, floated and troweled just enough to produce a smooth dense surface, free from irregularities. Brushing crosswise with a fine hare brush or broom is required to produce a non -slip surface. All joints and edges shall be rounded to a radius of one-quarter (1 /4) inch with an approved finishing tool. The City reserves the right to reject any sidewalk segments not finished in accordance with these standards or finished in a professional and workmanlike manner. All sidewalk sections that are rejected by the City shall be removed and replaced by the Contractor at no additional charge. The Contractor is responsible for protecting the sidewalk from the elements, travel and vandalism. After the concrete has set sufficiently, but not more than 3 days, the forms shall be removed, and the spaces shall be backfilled with topsoil. he area between the sidewalk and the curb shall be graded to slope toward the curb and allow drainage to flow toward the curb after sod installation. The removal and disposal of existing curb and other concrete to construct or upgrade each ramp and construct sidewalk along with any clearing, grubbing, tree and shrub trimming or removal that impacts construction shall be considered incidental. All restoration and clean-up work shall be performed daily. Operations shall be suspended if the contractor fails to accomplish restoration and clean-up within an acceptable period of time. Asphalt and other debris shall be removed from gutters, sidewalks, yards, driveways, etc. Failure to perform clean-up activities may result in suspension of the work. Milling operation shall be followed immediately by clean-up at which the contractor is to provide power brooms, vacuum sweepers, power blowers, or other means to remove loose debris or dust. Do not allow dust control to restrict visibility of passing traffic or to disrupt adjacent property owners. All pavement areas shall be clean and dry prior to placing tack coat, asphaltic concrete or other materials. ITB 19-P W 10 28 1 Page Beginning with mobilization and ending with acceptance of work, the Contractor shall be responsible for providing a clean and safe work environment at the project site. The Contractor shall comply with all OSHA regulations as they pertain to this project. ITB 19-PW10 29 1 Page C Y� _ C G l _ h C f I- - 1 _.T .f • M1 0 0 2$§§ § 2 H R 0§ 2< m 0 R [ §} 0 4z §j c § 99@} d m 2 m k § ®®§ 2 � nr @ k §\\k )� ( $ § 2 ; § ) n % 2 § > a d 3 [ z a e § Lo q # ` 4 Z A m > 9 Q 3 § . 4 ? 7 R xk) . v a_¥ -q \ > < M }° ; _ __OUm- }rn" f .\� ( \ �_ UNE -: - \/".. : gi � ? \ § m / — - �� § ci , \ - g @ � e' , 0 z Z k d \ 7 � f 0 EA m rq \ % > k e / s 0 ® k « N £ ■ U! 9 ■ ■q§ £)� � « ■ k L91 p z -i fn _ �' I m w ti �- --� vc m 5,C; •�O /If p o L V s n `• �; m j o m ` �� 7 � ��. 1� m c ~ V •'�I I c o y x• �, c c � mo c L13c� � x If N f� z 6 z `; z o � C � 1 A s N A G� rn �V o ri pL (nulZ m Am T I m L;pm C:d by A M )>m 7 �N N_� c7 n ntm p LA ..ml j= m < C rr [: UC)'m co') r V' z m ��0 $� f fC L Ln fn-I z n I''I U O Atn i 0 O D to y z y f T Z7 n a 71 "� r D Zl �m Z T I n _r,0 ••Iii rq < fl'1 z� mD 44_ 4 m� DQ n Z O�Tmmm4q Cr� AOf A Ln C as Ck "T ' 4 I 0X I I� f, I r ® > m VNO num 4 4 e ca ■ x x i!' z C: 4 pper�^^ Y U ;cO L 01 ;fir. vN ;aw �TCa r ti -I z SRI �� 77m�7- in n pZ� U mm° jn mm JJ vm�^ Ln oc rnC7in 7 6,-:, r) �opLl) ZFE"Ln �_ ;u Ppm est rmF m z tl©@ I xA> m7 I r4 10 cl r? mm z �� Trrnn� m mw Am OCp Mom m'u mmf N m yyD N U1 m S �7 z0 22-M� m DC) nnx 1# G� t r7 0 Ti cYi HOME OF' MI-LTON% ESTABI-ISHFD 2006 [BIDDERS MUST RETURN THIS FORM WITH BID RESPONSE] Bid Schedule (page 1 of 2) Belleterre Subdivision 441-0104 Concrete Sidewalk 4 IN. SY 350 $ 441-8042 Curb & Gutter Type 2 LF so $ "I -Ramp Concrete 9031 Romps EA 2 1 $ TOTAL $ Brookshade Subdivision 441-0104 Concrete Sidewalk 41N. 3Y 250 $ 441-6012 Curb & Gutter Type 2 LF 20 $ "I -Ramp Concrete 9031 Romps EA 3 $ TOTAL Bethany Bend 441-0104 Concrete Sidewalk 4 IN. SY 250 is 441 -Ramp Concrete 9031 Ramps I EA 12 IS TOTAL Is Bethanv Creek Subdivision .............................. .............. .............. X ............ Wit i: ........ . . . . . . . . . . . . . . . . . . . . . . . . . . 441-0104 Concrete Sidewalk 4 IN. SY so TOTAL ITB 19 -PW 10 33 1 Page HOMEOF'Hr r_t:J E , .' M -! I LTO N*k ESTABLISHED 2006 [BIDDERS MUST RETURN THIS FORM WITH BID RESPONSE] Bid Schedule (page 2 of 2) Total Bid Price $ Print Total Bid Price $ Fill out "Unit Price" column, "Total Amount" column, and "Total Bid Price". Actual price to the City will be based on actual quantity multiplied by the bid "Unit Price". Number of days to fully complete project (exclude weather related days) In compliance with the attached Specification, the undersigned offers and agrees that if this Bid is accepted, by the City Council within One Hundred and Twenty (120) days of the date of Bid opening, that he will furnish any or all of the Items upon which Prices are quoted, at the Price set opposite each Item, delivered to the designated point(s) within the time specified in the Bid Schedule. COMPANY ADDRES AUTHORIZED SIGNATURE PRINT / TYPE NAME TITLE ITB 19-P W 10 34 1 P a g e . T 6 0111 I Z Unless otherwise directed, all work performed under this contract shall be in accordance with the Georgia Department of Transportation Standard Specifications, Construction of Transportation Systems (current edition), and Special Provisions modifying them, except as noted below. SECTION 101 DEFINITION AND TERMS Section 10 1. 10 Delete as written and substitute the BOARD following: CITY COUNCIL OF CITY OF MILTON, GEORGIA Section 10 1. 1 4 Delete as written and substitute the COMMISSIONER following: DIRECTOR OF PUBLIC WORKS, CITY OF MILTON Section 101.16 Delete the second paragraph and substitute CONTRACT the following: The Contract Documents shall be composed of the Advertisement for Bid; Notice to Contractors; Form of Bid Proposal; General Conditions; Special Provisions; Detail Specifications, as identified in Section 105.03 Form of Contract; Form of'Bond(s); Addenda; the drawings, including all changes incorporated herein before their execution; and also any Change Orders and Supplemental Agreements that are required to complete the construction of The Work in an acceptable manner, including authorized extensions thereof, all of which constitute one instrument. No oral agreement or orders are to be considered as valid or as a part of the Contract.. Section 101.22 Delete as written and substitute the DEPARTMENT following: PUBLIC WORKS DEPARTMENT CITY OF MILTON' ITB 19 -PW 10 35 1 Page Section 101.24 ENGINEER Section 101.47 STATE HIGHWAY ENGINEER Section 101.74 SUPPLEMENTAL AGREEMENT Section 101.84 Delete as written and substitute the following: DIRECTOR OF PUBLIC WORKS, CITY OF MILTON, ACTING DIRECTLY OR THROUGH A DULY AUTHORIZED REPRESENTATIVE OF THE DIRECTOR Delete as written and substitute following: DIRECTOR OF PUBLIC WORKS, CITY OF MILTON, ACTING DIRECTLY OR THROUGH A DULY AUTHORIZED REPRESENTATIVE OF THE DIRECTOR Retain as written and substitute the following: Any Supplemental Agreement that has a dollar value amount that is less than $25,000.00 shall not require the assent of the Surety." Add: DIRECTOR OF PUBLIC WORKS CITY OF MILTON SECTION 102 - BIDDING REQUIREMENTS AND CONDITIONS Section 102.05 EXAMINATION OF PLANS, Add the following paragraph: SPECIFICATIONS, SPECIAL PROVISIONS, "The City will not be responsible for AND SITE OF THE WORK Bidders' errors or misjudgment, nor for any infonnation on local conditions or general laws and regulations." Section 102.07 REJECTION OF PROPOSALS Add the following subparagraphs "I. The City reserves the right to reject any and all bids, to waive technicalities, and to make an award as deemed in its best interest. It is understood that all bids are made subject to this Agreement, that the City reserves the right to award the bid to the lowest, responsible Bidder, and in arriving at this decision, full consideration will be given to the reputation of the Bidder, his financial responsibility, and work of this type successfully completed. ITB 19-P W 10 36 1 Page Section 102.08 PROPOSAL GUARANTY Add Section 102.15 ADDENDA AND INTERPRETATION Section 102.09 DELIVERY OF PROPOSALS: "J. The City also reserves the right to reject any and all bids from any person; firm, or corporation who is in arrears in any debt or obligation to The City of Milton, Georgia." Substitute the following for the first sentence "No bid will be considered unless it is accompanied by an acceptable bid bond an amount not less than five percent (5%) of the amount bid and made payable to City of Milton, Georgia. Such Bid Bond shall be on the forms provided by the City." Delete in its entirety and substitute the following: Bids shall be submitted on the Bid Form provided by the City. The bid package as described in Notice to Contractors, Page 1 must be submitted with the bid. Failure to do so could result in the omission of pertinent documents and the rejection of the apparent low bid." Add the following as 102.15: "No interpretation of the meaning of the Contract Documents will be made orally to any Bidder. Any request for such interpretation should be in writing addressed to the Purchasing Department, The City of Milton 2006 Heritage Walk Milton, Ga. 30004. TEL. 678/242-2500, FAX 678/242- 2499.Each such interpretation shall be given in writing, separately numbered and dated, and furnished to each interested Bidder. Any request not received in time to accomplish such interpretation and distribution will not be accepted. SECTION 103 - AWARD OF AWARD AND EXECUTION OF CONTRACT ITB 19-P W I O 37 1 Page Section 103.02 AWARD OF CONTRACT Section 103.05 REQUIREMENTS OF CONTRACT BONDS Section 103.07 FAILURE TO EXECUTE CONTRACT Delete in its entirety and substitute the following: "The contract, if awarded, shall be awarded to the lowest responsible bidder. The City of Milton reserves the right to exercise exclusive discretion as to the responsibility of any bidder. The contract shall be executed on the forms attached, will be subject to all requirements of the Contract Document, and shall form a binding Contract between the contracting parties." Delete in its entirety and substitute the following: "At the time of the execution of the contract, and as a part thereof, the successful bidder shall furnish Contract Bond Below: Performance Bond in the full amount of the contract. Payment Bond in the full amount of the contract. Maintenance bond in the amount of one-third (1/3) of the contract. " Delete in its entirety and substitute the following "Failure to execute the Contract Performance, Payment or Maintenance Bonds, or furnish satisfactory proof of carriage of the insurance required within ten days after the date of Notice of Award of the Contract, may be just cause for the annulment of the award and for the forfeiture of the proposal guaranty to the City of Milton, not as a penalty; but as liquidation of damages sustained. At the discretion of the City, the award may then be made to the next lowest bidder, may be re -advertised, or may be constructed by City forces. The Contract and Contract bonds shall be executed in quadruplicate." SECTION 107 - LEGAL REGULATIONS AND RESPONSIBILITY TO THE PUBLIC ITB 19 -PW 1 O 38 1 Page Section 107.18 ACQUISITION OF RIGHT OF WAY Section 107.21 CONTRACTORS RESPONSIBILITY FOR UTILITY PROPERTY AND SERVICE Section 109.07 PARTIAL PAYMENTS Section 109.08 FINAL PAYMENT Add the following paragraph: "The Contractor shall inspect all easements and rights-of-way to ensure that the City has obtained all land and rights-of-way necessary for completion of the Work to be performed pursuant to the Contract Documents. The Contractor shall comply with all stipulations contained in easements acquired by the Department." Add the following sentence to Paragraph A: "The Contractor is responsible for the location of above and below ground Utilities and structures which may be affected by the Work." MEASUREMENT AND PAYMENT Delete the first sentence of the Second Paragraph under `A. General" As long as the gross value of completed work is less than 50% of the total Contract amount, or if the Contractor is not maintaining his construction schedule to the satisfaction of the Engineer, the Department shall retain 10% of the gross value of the work that has been completed as indicated by the current estimate certified by the Engineer for payment. Delete in its entirety and substitute the Following: "Final Payment: Upon completion by the Contractor of the work, including the receipt of any final written submission of the Contractor and the approval thereof by the Department, the CITY will pay the Contractor a sum equal to 100 percent (100%) of the compensation set forth herein, less the total of all previous partial payments, paid or in the process of payment. ITB 19 -PW 10 39 1 Page The Contractor agrees that acceptance of this final payment shall be in full and final settlement of all claims arising against the CITY for work done, materials furnished, costs incurred, or otherwise arising out of this Agreement and shall release the CITY from any and all further claims of whatever nature, whether known or unknown for and on account of said Agreement, and for any and all work done, and labor and materials furnished, in connection with same." ITB 19-P W 10 40 1 Page 'NOTICE TO CONTRACTORS' EPD AIR QUALITY RULES O OPEN BURNING REFER CHAPTER O " j' -05 For additional/information, please contact: Georgia Department of Natural Resources Environmental Protection Division Air Protection Branch 4244 International Parkway, Suite 120 Atlanta, GA 30354 404/363-7000; 404/362-2534 - FAX ITB 19-P W 10 41 1 Page No Text No Text HOME OF'i-:E '="' - - - MULTOIN ESTA6LlSI lED 200 CITY OF MILTON INVITATION TO BID (THIS IS NOT AN ORDER) Bid Number: Project Name: 19-PW10 Sidewalk & ADA Ramp Replacement Due Date and Time: City of Milton August 20, 2019 Number of Pages: 107 Local Time: 2:00pm 2006 Heritage Walk ISSUING DEPARTMENT INFORMATION Issue Date: July 25, 2019 City of Milton Public Works Department 2006 Heritage Walk Milton, GA 30004 Phone: 678-242-2500 Fax: 678-242-2499 Website: www.cityofmiltonga.us INSTRUCTIONS TO BIDDERS Return Submittal to: Mark Face of Envelope/Package: q Iw Tvvn-cr ". Bid Number: 19-PW10 City of Milton Name of Company or Firm Attn: Honor Motes, Purchasing Office Bidder F X Number: S - (02 i 2006 Heritage Walk Special Instructions: Milton, GA 30004 Deadline for Written Questions August 6, 2019 at 5:00 pm Email questions to Honor Motes at honor. m otes@ciofmitton a.us BIDDERS MUST COMPLETE THE FOLLOWING Bidder Nme/Address: .(�Pt 1=rortLr e -f e I nC • Authorized Bidder Signatory: Ar ho (o SG,ri cht z q Iw Tvvn-cr ". - T0;1eS:01'0, (� k -3OZ-- f -lJ J1 (Please print name and sign in ink) Bidder Phone Number: -10) (oZ - 310 1-�' f'i `/33827 Bidder F X Number: S - (02 i Bidder Federal I.D. Number: fib- OZ17(a0 I Bidde E-mail Addre s: dAKe0n(-re_inz& at,,ov.Lo BIDDERS MUST RETURN THIS COYER SHEET WITH BID RESPONSE ITB 19 -PW 10 1 1 Page HOME OF 'THE BES i Qi 1. =,UT'f OF LIFE IN GEORGI,1,' ESTABLISHED 2006 [BIDDERS MUST RETURN THIS FORM WITH BID RESPONSE] BID FORM and ADDENDA ACKNOWLEDGEMENT TO: PURCHASING OFFICE CITY OF MILTON MILTON, GEORGIA 30004 Ladies and Gentlemen: In compliance with your Invitation To Bid, the undersigned, hereinafter termed the Bidder, proposes to enter into a Contract with the City of Milton, Georgia, to provide the necessary machinery, tools, apparatus, other means of construction, and all materials and labor specified in the Contract Documents or as necessary to complete the Work in the manner therein specified within the time specified, as therein set forth, for: Bid Number 19-PW10 Sidewalk & ADA Ramp Replacement Project The Bidder has carefully examined and fully understands the Contract, Specifications, and other documents hereto attached, has made a personal examination of the Site of the proposed Work, has satisfied himself as to the actual conditions and requirements of the Work, and hereby proposes and agrees that if his bid is accepted, he will contract with the City of Milton in full conformance with the Contract Documents. Unless otherwise directed, all work performed shall be in accordance with the Georgia Department of Transportation Standard Specifications, Construction of Transportation Systems (current edition). It is the intent of this Bid to include all items of construction and all Work called for in the Specifications, or otherwise a part of the Contract Documents. In accordance with the foregoing, the undersigned proposes to furnish and construct the items listed in the attached Bid schedule for the unit prices stated. The Bidder agrees that the cost of any work performed, materials furnished, services provided or expenses incurred, which are not specifically delineated in the Contract Documents but which are incidental to the scope, intent, and completion of the Contract, shall be deemed to have been included in the prices bid. The Bidder further proposes and agrees hereby to promptly commence the Work with adequate forces within ten (10) calendar days from the Notice to Proceed, and to ITB 19-P W 10 13 1 Page complete all Work as scheduled in Task Order(s) issued. If weather affects the required completion schedule, the City and selected Bidder will negotiate a new completion date. Attached hereto is an executed Bid Bond in the amount of 3, OZ,5• CV (Five Percent of Amount Bid). Dollars ($ If this bid shall be accepted by the City of Milton and the undersigned shall fail to execute a satisfactory contract in the form of said proposed Contract, and give satisfactory Performance and Payment Bonds, or furnish satisfactory proof of carriage of the insurance required within ten days from the date of Notice of Award of the Contract, then the City of Milton may, at its option, determine that the undersigned abandoned the Contract and there upon this bid shall be null and void, and the sum stipulated in the attached Bid Bond shall be forfeited to the City of Milton as liquidated damages. Bidder acknowledges receipt of the following addenda: Addendum No. Date viewed Bidder further declares that the full name and resident address of Bidder's Principal is as follows: Signed, sealed, and dated this 20 day of 20� Bidder Mailing Address: Bidder DA'f Concre le, Int- (seal) Company Name Signature: A1�1/Jt ltd ��e'Z� Print Name: -tt�h -i of n RnGA-e2- Title:,P.SJ (,� Pvi-E— ITB 19-P W 10 14 1 Page HOME OF' IHC �>lCJ!AliT'*• )FIfFc M LTO FSTABLISHED 2006 [BIDDERS MUST RETURN THESE SHEETS WITH BID RESPONSE] BID BOND CITY OF MILTON, GEORGIA BIDDER (Name and Address): DAF Concrete Inc., 212 Hlr-ks Drive. Marietta., GA 30060 SURETY (Name and Address of Principal Place of Business): Nationwide Mutual Insurance Qornpaay., 1100 Tomst St Dent 2006 Des Moines, IA 50391 OWNER (hereinafter referred to as the "City" (Name and Address): City of Milton, Georgia ATTN: Purchasing Office 2006 Heritage Walk Milton, Georgia 30004 BID BID DUE DATE: 8/20/19 PROJECT (Brief Description Including Location): #19-PW10 Sidewalk & ADA Ramp Replacement MOM BOND NUMBER: BD 10081 DATE (Not later that Bid due date): August 19, 2019 PENAL SUM: Five percent of bid amount 5% of bid (Words) (Figures) IN WITNESS WHEREOF, Surety and Bidder, intending to be legally bound hereby to the City, subject to the terms printed below or on the reverse side hereof, do each cause this Bid Bond to be duly executed on its behalf by its authorized officer, agent or representative. BIDDER DAF Concrete Inc. (Seal) Bidder's Name and Corporate Seal By: A6niij L�aJr'X.y Signature and Title: Attest:( -Js Signa ure and Title SURETY Nationwide Mutual Ins Company Surety'sa`me an Corporate Seal By: Signature a itle: (Attach Po er of Attorney) Attest: r ) Signature and' `_./ ITB 19-P W 10 15 1 Page Power of Attorney KNOW ALL Iv1EN B1' THESE PRESENTS THAT: Nationwide iufulual Insurance Company, an Ohio corporation hereinafter referred to severally as the "Company" and collectively as "the Companies" does hereby make, constitute and appoint: Keith Griffin each .n their individual capacity, its true and lawful attorney-in-fact, with full power and authority to sign, seal, and execute on its behalf any and all bonds and undertakings. and other obligatory instruments of similar nature, in penalties not exceeding the sum of Nine Hundred Thousand Dollars and 00/100 $900,000.00 and to bind the Company thereby, as fully and to the same extent as if such instruments were signed by the duly authorized officers of the Company, and all acts of said Attorney pursuant to the authority given are hereby ratified and confirmed. Tnis pourer of attorney is made and executed pursuant to and by authority of the following resolution duly adopted by the board of directors of the Company 'RESOLVED, that the president, or any vice president be, and each hereby is, authorized and empowered to appoint attomeys-in-fact of the Company, and to authorize them to execute and deliver on behalf of the Company any and all bonds. forms. applications, memorandums, undertakings. recognizances, transfers, contracts of indemnty, policies, contracts guaranteeing the fidelity of persons holding positions of public or private trust, and other writings obligatory in nature that the business of the Company may require; and to modify or revoke, with or without cause, any such appointment or authority: provided. however.. that the authority granted hereby shall in no way limit the authority of other duly authorized agents to sign and countersign any of said documents on behalf of the Company." "RESOLVED FURTHER, that such attorneys -iii -;act shall have full power and authority to execute and deliver any and all such documents and to bind the Company subject to the terms and;imitations of the power of attorney issued to them, and to affix the seal of the Company thereto; provided, however, tha" said seal shall not be necessary for the validity of any such documents, - The power of attorney ;s signed and sealed under and by the following bylaws duly adopted by the board of directors of the Company. Execution of Instruments. Any vice president. any assistant secretary or any assistant treasurer shall have the power and authority to sign or attest all approved documents, instruments contracts, or other papers in connection vrith the operation of the business of the company in addition to the chairman of the board, the chief executive officer, president; treasurer or secretary; provided, however, the signature of any of them may be printed, engraved. or Stamped on any approved document, contract, instrument, or other papers If the Company. IN WITNESS WHEREOF, the Company has caused this instrument to be sealed and duly attested by the signature of its officer the 27°i day of February, 2019. Antonio C. Albanese, Vice President of Nationwide Mutual Insurance Company ACKNOWLEDGMENT �,�y\Ufi t�CUy+CtG STATE OF NEW YORK, COUNTY OF NEW YORK- ss 4 7 On this 27" day of February, 2019, before me came the above-named officer for the Company aforesaid, to me personally known to he thcp, officer deccribod in and who Puntutod the preceding instrument, and he acknowledged the execution of the some, and being by me duly Swam, deposes mtp;cM and says, that he is the officer of the Company aforesaid, that the seal affixed hereto is the corporate seai of said Company, and the said corporate seal and his signature were duty affixed and subscribed to said instrument by the authority and direction of said Company. 5annec Ni'. - tlry Nbl,C. Slat 1 V ' Yon No. P20 612 E44 . g �, „. fes% /J A q lriet nVaa chest® [cun'.v iZ.4..L" A -t c-4" Fri- sep—b4 16,222: aj riry.,_ 41t Cs+Tst+cn kc+res ydmemSn• 1G, Rtll1 CERi1FICATE t, Laura B. Guy, Assistant Secretary of the Company, do hereby certify that the foregoing is a full, true and correct copy of the original power of attorney issued by the Company; that the resolution included therein is a true and correct transcript from the minutes of the meetings of the boards of directors and the same has not been revoked or amended in any manner; that said Antonio C. Albanese was on the date of the execution of the foregoing power of attorney the duly elected officer of the Company, and the corporate seal and his signature as officer were duty affixed and subscribed to the said Instrument by the authority of said board of directors; and the foregoing power of attorney is still in full force and effect. IN VyITNESS WHEREOF, I have hereunto subscribed my name as Assistant Secretary, and affixed the corporate seal of said Company this 1 9th day of August 2019 Assistant Secretary 6DJ 1102-19)00 HOME OF 'THE BEST DUALITY nF LIFE iN cEoi? 5 ^ g _ _k_1_J,0N*k ESTABLISHED 2006 [BIDDERS MUST RETURN THIS FORM WITH BID RESPONSE] QUALIFICATIONS SIGNATURE AND CERTIFICATION I certify that this offer is made without prior understanding, agreement, or connection with any corporation, firm, or person submitting a proposal for the same materials, supplies, equipment, or services and is in all respects fair and without collusion or fraud. I understand collusive bidding is a violation of State and Federal Law and can result in fines, prison sentences, and civil damage awards. I agree to abide by all conditions of the proposal and certify that I am authorized to sign this proposal for the proposer. I further certify that the provisions of the Official Code of Georgia Annotated, including but not limited to Title 32, Chapter 4, Article 4, Part 2 and Sections 45-10-20 et seq. have not been violated and will not be violated in any respect. Authorized Signature_1 �r��o((S r��y?j Date( - Print/Type Name_ Avilznir) Print/Type Company Name Here J()_A Comna-Le, In r CORPORATE CERTIFICATE I'Aft tZ n certify that I am the Secretary of the Corporation named as Contractor in the foregoing bid; that -& AZ 6Q who signed said bid in behalf of the Contractor, was then (title)p� j�f of said Corporation; that said bid was duly signed for and in behalf of said Corporation by authority of its Board of Directors, and is within the scope of its corporate powers; that said Corporation is organized under the laws of the State of Ud?l! ( G V This 2-0 day of AlQ03 20_L� C�- �ro•1��z/ (Seal) (Signature) ITB 19 -PW 10 18 P a q HOME OF ' i Hl- --EST QU�Aa.LITTYY OF LIFE IiJ GEORGIA' Mf R1 _U oN*-%� ESTABLISHED 2006 [BIDDERS MUST RETURN THIS FORM WITH BID RESPONSE] LIST OF SUBCONTRACTORS I do , do not / , propose to subcontract some of the work on this project. I propose to Subcontract work to the following subcontractors: Company Name:_ F)R F Cph Gr e-4, I rn, . ITB 19-PW10 19 1 Page HOME OF `THE BES- Q!AL,-r,.r C)F L1 FF 11,; GE0RGA, MILTON'*k ESTABLISHED 2006 [BIDDERS MUST RETURN THIS FORM WITH BID RESPONSE] 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: sgos eVerify Number Date of Authorization 0A F ;[, Name of Contractor Sidewalk .& ADA Replacement Project Name of Project City of Milton Georgia Name of Public Employer ITB 19 -PW 10 I hereby declare under penalty of perjury that the foregoing is true and correct. Executed on _ ) 20 2018 in � t)Oro ��(state). Signature of Authorized Officer or Agent Printed Name and Title of Authorized Officer or Agent (vn u chez- n SUBSCRIBED AND SWOR EFORE M ON T HE .21(� DAY ,2019-. NOTARY PUBLI `0�p R C ..V NCgkY. Alj•.[ MY4�dn E evp `_.-�J ., �NTv Get,,. F- HOME OF TON%m ESTABLISHED 2000 [BIDDERS MUST RETURN THIS FORM WITH BID RESPONSE] DISCLOSURE FORM This form is for disclosure of campaign contributions and family member relations with City of Milton officials/employees. Please complete this form and return as part of your bid package when it is submitted. Name of Bidder DAF COn cre e, bi c Name and the official position of the Milton Official to whom the campaign contribution was made (Please use a separate form for each official to whom a contribution has been made in the past two (2) years.) NIA List the dollar amount/value and description of each campaign contribution made over the past two (2) years by the Applicant/Opponent to the named Milton Official. Amount/Value Description Please list any family member that is currently (or has been employed within the last 9 months) by the City of Milton and your relation: ITB 19 -PW 10 21 1 Page HOME OF ji ti ,•`� h ESTABLISHED 2006 [BIDDERS MUST RETURN THIS FORM WITH BID RESPONSE] Bid Schedule (page 1 of 2) Belleterre Subdivision 441-0104 Concrete Sidewalk 4 IN. SY 350 1 �- S 1-7,500 7, 5o O 441-6012 Curb A Gutter Type 2 LF 50 v s 1 600 441 -Ramp Concrete 9031 Ramps EA 2 $ 1'(900 TOTAL S Q Brookshade Subdivision 441-0104 Concrete Sidewalk 4 IN. SY 250 50 ( .�2 , S60 441-6012 Curb s Gutter Type 2 LF 20 ZO s b 441 -Ramp Concrete 9031 Ramps EA 3 V 7 $ g) L)o TOTAL �o/ 'Qd Bethany Bend S 5' D 441-0704 Concrete Sldewalk 41N. SY 250 5V ; I �, �Q it 441 -Ramp Concrete 9051 Ramps EA 12 '3 h IJ /) $ /^ G I)o TOTAL 0 IJS �1 V D Bethany Creek Subdivision 441-0104 Concrete Sidewalk 4 IN. I SY I 60 sp i 3 �[� TOTA I $ A nn n ITB 19 -PW 10 33 1 Page HOME OF'-:-; MILT ESTABLISHED 2006 [BIDDERS MUST RETURN THIS FORM WITH BID RESPONSE] Bid Schedule (page 2 of 2) Total Bid Price $ UQ, ADD Print Total Bid Price $3'Ai 4A+�I 42U2A Yre, (�Und�-.ed Fill out "Unit Price" column, "Total Amount" column, and 'Total Bid Price". Actual price to the City will be based on actual quantity multiplied by the bid "Unit Price". Number of days to fully complete project (exclude weather related days) 100 In compliance with the attached Specification, the undersigned offers and agrees that if this Bid is accepted, by the City Council within One Hundred and Twenty (120) days of the date of Bid opening, that he will furnish any or all of the Items upon which Prices are quoted, at the Price set opposite each Item, delivered to the designated point(s) within the time specified in the Bid Schedule. COMPANY _ QA F onGr e-6 ,r✓ - ADDRESS 1 y : TTanpr g -d 11 ,,, loom, C;M A , �07_3% AUTHORIZED SIGNATURE G�2 PjcL04�y PRINT / TYPE NAME A,') jbnL�j nG�}P'L� TITLE ITB 19-P W 10 34 1 Page DAF Concrete Reliability is our promise! 9160 Turner Rd Jonesboro, GA, 30236 P: 770.629.4036 CO: 404.433.8824 OBJECTIVE DAF Concrete Inc. has been in business since 2003. We have grown from doing residential foundation to working with counties repairing, removing and installing driveways, sidewalks, storm drains etc. DAF also lays Asphalt for roadways and parking lots. We are known for getting the job done with the best quality and professionalism. SKILLS & ABILITIES - Concrete Estimator -Concrete Finishing - Asphalt repairs - Repair, Remove and install of Storm drains, Catch Basin Tops, Sidewalks, Curbing, Driveways, etc. - Brick Pavers - Stone and Brick Masonry - Concrete Retaining Wall - Concrete Covers Antonio Sanchez — President (404) 433-8824 Osvaldo Sanchez— Project Manager (404) 395-8464 EXPERIENCE 2019 ❖ Echols Road Sidewalk Improvements, Forsyth County, Charlie Crowe — (770) 781-2165 Headland Drive and Delowe Drive Sidewalks Phase III, City of East point, Vincent Reynolds — (404) 270-7114 ❖ Curb & Gutter Repair, Henry County, Marvin Wiley — (770) 288-7262 ❖ Driveway and Curb Repair, Fayette County, James Munster — (770) 320-6082 ie Nichols Rd & Nichols Dr Sidewalk Improvements, Forsyth County, Charlie Crowe — (770) 781- 2165 Speed Tables and Pedestrian Improvements Project, City of Milton, Matthew Fallstorm — (678)- 242-2558 ❖ E. Drew Valley Sidewalks Project, City of Brookhaven, Don Sherrill - 404) 637-0682 ❖ Cheshire Way Sidewalks Project, City of Brookhaven, Don Sherrill — (404) 637-0682 ❖ Woodrow Way Sidewalks Project, City of Brookhaven, Don Sherrill — (404) 637-0682 2018 ❖ Evans Drive Sidewalks Project, City of Riverdale, Lisa Kopro — (404) 491-5044 ❖ Mill Creek Road Sidewalks Project City of Brookhaven, Don Sherrill — (404) 637-0682 ❖ Cartecay Drive Sidewalks Project, City of Brookhaven, Greg Smith — (404) 735-7838 Lanier Drive Sidewalks Project, City of Brookhaven, Don Sherrill — (404) 637-0682 ❖ Tyron Rd Sidewalks Project, City of Brookhaven, Don Sherrill — (404) 637-0682 ❖ Installing Speed Tables, City of Milton, Matthew Fallstrom — (678)-242-2558 ° Headland Drive and Delowe Drive Sidewalks, Cityof East Point, Vincent Reynolds — (404) 270- 7114 °«® Asphalt/Concrete Pavement Maintenance and Repairs Services, Fulton County, Mark Moore — (404) 285-1307 CDBG — West Street Roadways and Sidewalks, City of Forest Park, Jeff Eady — (404) 608-2310 Moon Road Sidewalks, City of Lawrenceville, Johannes Louw—(678) 618-2839 m2• East Crogan Street Sidewalks, City of Lawrenceville, Johannes Louw — (678) 618-2839 ® Annual Contract for Miscellaneous Concrete Work, Clayton County Water Authority (still affective) Scott Mask — (678) 699-0759 Annual Contract for Asphalt Patching and Paving, Clayton County WaterAuthorfty (still affective) Marcus Mclester— (404) 593-3614 Annual Contract for BL065-15 (Concrete & Asphalt), Gwinnett County, GA (.Still affective) Christopher Neidlinger — (678) 376-6969 Annual Contract for BL032-17 (Poured -in -Place Concrete & Associated Miscellaneous Site Work) Gwinnett County, GA (still affective) Panhandle Road Sidewalk Construction from McDonough Rd to Tara Rd for Clayton County, GA Project Manager: Jatta Battary— (404) 655-2582 ou Austell Powder Springs Road, City of Powder Springs Old Monticello Street Stream and Shoulder Improvements, City of Covington, GA Project Manager: Ken Swain- (770) 778-5830 Restoration of Utility Repairs on an Annual Contract (Still affective) Project Manager: Chris Neidlinger — (678) 725-9805 r, North Fulton Ave. CDBG Sidewalk, City of Hapeville Project Manager: Keck & Wood Inc. (678) - 417-4000 Lake Ridge Pkwy Sidewalk Installation, Board of Commissioners of Clayton County centrol Services Department, GA •I° Cemetery Street Sidewalk, City of Austell Project Manager: Keck & Wood Inc. (678) -417-4000 B CDBG Sidewalk Improvements Glenn Dr. Sharon Street and School Place, Forest Park Department of Public Work Project Manager: Jeff Eady 678) 300-4314 Annual Contract for Miscellaneous Concrete Work, Clayton County Water Authority (Still affective) 2 NIVI1IIHiM'1[ See Exhibit "A" No Text 1 MA, KNOW ALL MEN BY THESE PRESENTS THAT DAF Concrete, Inc. (as CONTRACTOR, hereinafter referred to as the "Principal"), and Auto Owners Ins Company (as SURETY COMPANY, hereinafter referred to as the "CONTRACTOR'S SURETY"), are held and firmly bound unto City of Milton, Georgia (as OWNER, hereinafter referred to as the "City"), for the use and benefit of the City, in the sum of Sixty Thousand Five Hundred Dollars ($60,500.00), lawful money of the United States of America, for the payment of which the Principal and the Contractor's Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has entered, or is about to enters into a certain written agreement with the City for the construction of a project known as Sidewalk and ADA Ramp Replacement (hereinafter referred to as "the PROJECT"), which agreement is incorporated herein by reference in its entirety (hereinafter referred to as the "CONTRACT"). NOW THEREFORE, the conditions of this obligation are as follows: 1, That if the Principal shall fully and completely perform each and al I of theterms, provisions and requirements of the Contract, including and during the period of any warranties or guarantees required thereunder, and all modifications, amendments, changes, deletions, additions, and alterations thereto that may hereafter be made, and if the Principal and the Contractor's Surety shall indemnify and hold harmless the City from any and all losses, liability and damages, claims, judgments, liens, costs and fees of every description, including but not limited to, any damages for delay, which the City may incur, sustain or suffer by reason of the failure or default on the part of the Principal in the performance of any and all of the terms, provisions, and requirements of the Contract, including all modifications, amendments, changes, deletions, additions, and alterations thereto, and any warranties or guarantees required thereunder; then this obligation shall be void; otherwise to remain in full force and effect; 2. In the event of a failure of performance of the Contract by the Principal, which shall include, but not be limited to, any breach or default of the Contract: a. The Contractor's Surety shall commence performance of its obligations and undertakings under this Bond no later than thirty (30) calendar days after written notice from the City to the Contractor's Surety; and b. The means, method or procedure by which the Contractor's Surety undertakes to perform its obligations tinder 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 may be brought within the time allowed by Georgia law for suit on contracts under seal. IN WITNESS WHEREOF, the Principal and Contractor's Surety have hereunto affixed their corporate seals and caused this obligation to be signed by their duly authorized officers or attorneys -in -fact, as set forth below. tte : (signature) (Print) Title: Y Date: tel Attest: " / (signature) Kelly Worthey (print) Title: C' 2 - Date: 9 - � YA CONTRACTOR ("Princij)al"): DAF Concrete, Inc. By: R12 � b 1 y (signature) Antonio Sanchez (print) Title: Z>re s 1 Gly �- (SEAL) Date: !Y- 2-0-19 CONTRACTOR'S SURETY: Auto Owners Insurance Company By: (signature) Keith Griffin (print) Titic: Attorney -In -Fact (, Date: �-a�-i (ATTACH SURETY'S POWER OF ATTORNEY) KNOW ALL MEN BY THESE PRESENTS THAT DAF Concrete, Inc. (as CONTRACTOR, hereinafter referred to as the "Principal"), and Auto Owners Ins Company (as SURETY COMPANY, hereinafter referred to as the "CONTRACTOR'S SURETY"), are held and firmly bound unto City of Milton, Georgia (as OWNER, hereinafter referred to as the "City"), for the use and benefit of any "Claimant," as hereinafter defined, in the sum of Sixty Thousand Five Hundred Dollars ($60,500.0), 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 Sidewalk and ADA Ramp Replacement (hereinafter referred to as "the PROJECT"), which agreement is incorporated herein by reference in its entirety (hereinafter referred to as the "CONTRACT"). NOW THEREFORE, the condition of this obligation is such that if the Principal shall promptly make payment to any Claimant, as hereinafter defined, for all labor, services, and materials used or reasonably required for use in the performance of the Contract, then this obligation shall be void; otherwise to remain in full force and effect. A "Claimant" shall be defined herein as any Subcontractor, person, Party, partnership, corporation, or other entity furnishing labor, services, or materials used or reasonably required for use in the performance of the Contract, without regard to whether such labor, services, or materials were sold, leased, or rented, and without regard to whether such Claimant is or is not in privity of the Contract with the Principal or any Subcontractor performing Work on the Project. In the event of any claim made by the Claimant against the City, or the filing of a Lien against the property of the City affected by the Contract, the Contractor's Surety shall either settle or resolve the Claim and shall remove any such Lien by bond or otherwise as provided in the Contract. The Parties further expressly agree that any action on this Bond may be brought within the time allowed by Georgia law for suit on contracts under seal. IN WITNESS WHEREOF, the Principal and Contractor's Surety have hereunto affixed their corporate seals and caused this obligation to be signed by their duly authorized officers, as set forth below. [SIGNATURES ON FOLLOWING PAGE] ttest: F nature) RAJ rcs.4 Clvtc(� (printed) Title: �^ Date: Q> JQA I at C Attest: (signature) Kelly Worthey (printed) Title: C. S Date: Y--0� k> --ICL CONTRACTOR: DAF Concrete, Inc. By: 9 94?1 j S CLY3 .t,'/ (signature) Antonio Sanchez (printed) Title: q- a¢,d Jco )' - (SEAL) CONTRACTOR'S SURETY: Auto Owners nIsuranCompany By: v' (signature) Keith A. Griffin Title: Attorney -In -Fact Date: 1� - �-) v — , / (ATTACH SURETY'S POWER OF ATTORNEY) (printed) "EXHIBIT D.3 MAINTENANCE BOND CITY OF MILTON, GEORGIA KNOW ALL MEN BY THESE PRESENTS THAT DAF Concrete, Inc. (as CONTRACTOR, hereinafter referred to as the "Principal"), and Auto Owners Ins Company (as SURETY COMPANY, hereinafter referred to as the "Contractor's Surety"), are held and firmly bound unto the City of Milton, Georgia (as OWNER, hereinafter referred to as the "City"), for the use and benefit of the City for maintenance of improvements as described below in the sum of twenty thousand, one -hundred and sixty-seven dollars ($20,167.00), lawful money of the United States of America, for the payment of which the Principal and the Contractor's Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has entered, or is about to enter, into a certain written agreement with the City for the construction of a project known as Sidewalk and ADA Ramp Replacement (hereinafter referred to as "the Project"), which agreement is incorporated herein by reference in its entirety (hereinafter referred to as the "Contract"). WHEREAS, said Project is to be approved by the City of Milton, under the ter►nns that a maintenance bond is required of said Principal and good and sufficient surety payable to the City, and conditioned that the Principal shall, for a period of two (2) years beginning on the date of final completion of the Project, repair and replace any defects arising from the 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: 1.That if the Principal shall repair and replace any and all defects arising from the Project, whether resulting from defective materials or defective workmanship, and if the Principal and the Contractor's Surety shall indemnify and hold harmless the City from any and all losses, liability and damages, claims, judgments, liens, costs and fees of every description, which the City may incur, sustain or suffer by season of the failure or default on the part of the Principal in the performance of any and all of the terms, provisions and requirements described herein, then this obligation shall be void; otherwise to remain in frill 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 obligations and undertakings under this bond no later than thirty (30) days after written notice from the City to the Contractor's Surety; b. The means, method or procedure by which the Contractor's Surety undertakes to perform its obligations udder this bond shall be subject to the advance written approval of the City. The parties further expressly agree that any action on this bond may be brought within the time allowed by Georgia law for suit on contracts under seal. IN WITNESS WHEREOF, the Principal and Contractor's Surety have hereunto affixed their corporate seals and caused this obligation to be signed by their duly authorized officers or attorneys -in -fact, as set forth below. ttest* 1 0_,L(&signature) (print) Title:&wAtia.A Date: Attest: (signature) Kelly Worthey (print) Title: C S P -- Date:- Date: 0 -) �- I q/ CONTRACTOR ("Principal"): DAF Concrete, Inc. By: S".&% (signature) Antonio Sanchez (print) Title: Rei cko t (SEAL) CONTRACTOR'S SURETY: Auto Owners Insurance Company By (signature) Keith Griffin (p Title: Attorney -In -Fact Date: 0 �L b 1 (ATTACH SURETY'S POWER OF ATTORNEY) (S DATE AND ATTACH TO ORIGINAL BOND AUTO -OWNERS INSURANCE COMPANY LANSING, MICHIGAN NO. 66333487 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 "u COUNTY OF EATON J On this 1 st day of August, 2016, before me personally came Denise Williams, to me known, who being duly sworn, did depose and ; `? cowry of KENT Zt' say that they are Denise Williams, Senior Vice President of AUTO -OWNERS INSURANCE COMPANY, the corporation described in and i `r RCH 10. ¢ which executed the above instrument; that they know the seal of said corporation, that the seal affixed to said instrument is such Corporate ;Y pi` d2 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 4,•7r•, �? Directors of said corporation. My commission expires March 10, 2022 Susan E. Theisen Notary Public STATE OF MICHIGAN COUNTY OF EATON j 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 Baled at Lansing, Michigan. Dated this lath day of __August 2019 ovtNERs.'/y'T o b CORPORATE n ' SEAL ] " t �. 9ySrNG M,cN`�P e" /w.-�� William F; Woodbury, First Vice Preeident, Secretary and General Counsel 2940 (10-17) Print Date: 08/28/2019 Print Time: 10:36:30 AM .n-ff,.Twwm See Exhibit B 46 "EXHIBIT G.1" STATE OF CL COUNTY OF CONTRACTOR AFFIDAVIT AND AGREEMENT By executing this affidavit, the undersigned contractor verifies its compliance with O.C.G.A. § 13-10-91, stating affirmatively that the individual, firm, or corporation which is engaged in the physical performance of services on behalf of the City of Milton 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: 31 Q 5-4o I hereby declare under penalty of perjury that the Federal Work Authorization User Identification foregoing is true and correct. Number Executed on _ 2�, 20J_J in CI(AQ[be (city), C2 (state). Date of Authorization ` 2 /a ( EC -0 e6-6 Signature of Authorized Officer or Agent DAF Concrete, Inc. Name of Contractor Sidewalk and ADA Ramp Replacement Name of Project City of Milton, Georgia Name of Public Employer lA flan iv SO_Jacke-7- AA i d ¢' Printed Name and Title of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE E ON TtlJIS THE DAY OF 7Z20u,- Notary Public``% PuDREY'1,,i [NOTARY SEAL] My CpVirtiission Eirp _ es: a! "EXHIBIT G.2" SUBCONTRACTOR AFFIDAVIT STATE OF t COUNTY OF By executing this affidavit, the undersigned subcontractor verifies its compliance with O.C.G.A. § 13-10- 91, stating affirmatively that the individual, firm or corporation which is engaged in the physical performance of services under a contract with DAF 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 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 Sidewalk and ADA Ramp Replacement 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: X11001 11 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 DAF Concrete, Inc. Name of Contractor Sidewalk and ADA Ramp Replacement 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: See Exhibit C A. Defined Terms. Terms used in this Agreement shall have their ordinary meaning, unless otherwise defined below or elsewhere in the Contract Documents. (i) "Substantial Completion" means when the Work or designated portion thereof is complete in accordance with the Contract Documents so that any remaining Work includes only (1) Minor Items that can be completed or corrected within the following thirty (30) calendar days, (2) Permitted Incomplete Work that will be completed by the date agreed upon by the Parties, and (3) any Warranty Work. Substantial Completion shall require complete operation of all applicable building systems including, but not limited to, mechanical, electrical, plumbing, fire protection, fire alarm, telecom, data, security, elevators, life safety, and accessibility (if any). (ii) "Minor Item" means a portion or element of the Work that can be totally complete within thirty (30) calendar days. (iii) "Permitted Incomplete Work" means Work that is incomplete through no fault of the Contractor, as determined by the City in its sole discretion. (iv) "Final Completion" means when the Work has been completed in accordance with terms and conditions of the Contract Documents. B. Payment for Work Completed and Costs Incurred. City agrees to pay the Contractor for the Work performed and costs incurred 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. Payment shall be based on the value of the Work completed, as provided in the Contract Documents, plus the value of materials and equipment suitably stored, insured, and protected at the construction site, and, only if approved in writing by the City (which approval shall be given at the sole discretion of the City), such materials and equipment suitably stored, insured, and protected off site at a location approved by the City in writing, less retainage (as described below). Compensation for Work performed and reimbursement for costs incurred shall be paid to the Contractor upon receipt and approval by the City of invoices setting forth in detail the Work performed 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, less any retainage as described in Section D below. No payments will be made for unauthorized work. Payment will be sent to the designated address by U. S. Mail only; payment will not be hand -delivered, though the Contractor may arrange to pick up payments directly from the City or may make written requests for the City to deliver payments to the Contractor by Federal Express delivery at the Contractor's expense. C. Evaluation of Payment Requests. The Contract Administrator will evaluate the Contractor's applications for payment and will either issue to the City a Certificate for Payment (with a copy of the Contractor's application for payment) for such amount as the Contract Administrator determines is properly due, or notify the Contractor and City in writing of the Contract Administrator's reasons for withholding certification in whole or in part. The Contract Administrator may reject Work that does not conform to the Contract Documents and may withhold a Certificate of Payment in whole or in part, to the extent reasonably necessary to protect the City. When the reasons for withholding certification are removed, certification will be made for amounts previously withheld. Even following a Certificate of Payment, the City shall have the right to refuse payment of any invoice or part thereof that is not properly supported, or where requests for payment for Work or costs are in excess of the actual Work performed or costs incurred, or where the Work product provided is unacceptable or not in conformity with the Contract Documents, as determined by the City in its sole discretion. The City shall pay each such invoice or portion thereof as approved, provided that neither the approval or payment of any such invoice, nor partial or entire use or occupancy of the Project by the City, shall be considered to be evidence of performance by the Contractor to the point indicated by such invoice, or of receipt or acceptance by the City of Work covered by such invoice, where such work is not in accordance with the Contract Documents. D. Final Payment and Retainage. The City and Contractor shall comply with the provisions ofO.C.G.A. § 13-10-80. The Contractor through each invoice may request payment of no more than ninety percent (90%) of that portion of the Work completed during the term covered by such invoice until fifty percent (50%) of the Maximum Contract Price, as may be adjusted, is due and the manner of completion of the Work and its progress are reasonably satisfactory to the City. Payment for the remaining ten percent (10%) of Work complctcd and covcrcd by such invoiecs shall be retained by the City until Substantial Completion. Once fifty percent (50%) of the Maximum Contract Price, as may be adjusted, is due and the manner of completion of the Work and its progress are reasonably satisfactory to the City, no additional retainage shall be withheld, except as provided below. All amounts retained by the City shall be held as a lump sum until Substantial Completion of the Work, regardless of earlier completion of individual component(s) of the Work; provided, however, that, at the discretion of the City and with the written approval of the Contractor, the retainage of each subcontractor may be released separately as the subcontractor completes his or her work. If, after discontinuing the retention, the City determines that the Work is unsatisfactory or has fallen behind schedule, retention may be resumed at the previous level. If retention is resumed by the City, the Contractor and subcontractors shall be entitled to resume withholding retainage accordingly. At Substantial Completion of the Work and as the Contract Administrator determines the Work to be reasonably satisfactory, the City shall, within 30 days after the invoice and other appropriate documentation as may be required by the Contract Documents are provided to the City, pay the retainage to the Contractor. If at that time there are any remaining incomplete Minor Items or Permitted Incomplete Work, an amount equal to 200 percent of the value of each Minor Item or Permitted Incomplete Work, as determined by the Contract Administrator in its sole discretion, shall be withheld until such item, items or work are completed. The reduced retainage shall be shared by the Contractor and subcontractors as their interests may appear. The Contractor shall, within ten (10) days from its receipt of retainage from the City, pass through payments to subcontractors and shall reduce each subcontractor's retainage in the same manner as the Contractor's retainage is reduced by the City; provided, however, that the value of each subcontractor's work complete and in place equals fifty percent (50%) of his or her subcontract value, including approved Change Orders and other additions to the subcontract value; provided, further, that the work of the subcontractor is proceeding satisfactorily and the subcontractor has provided or provides such satisfactory reasonable assurances of continued performance and financial responsibility to complete his or her work including any warranty work as the Contractor in his or her reasonable discretion may require, including, but not limited to, a payment and performance bond. The subcontractor shall, within ten (10) days from the subcontractor's receipt of retainage from the Contractor, pass through payments to lower tier subcontractors and shall reduce each lower tier subcontractor's retainage in the same manner as the subcontractor's retainage is reduced by the Contractor; provided, however, that the value of each lower tier subcontractor's work complete and in place equals fifty percent (50%) of his or her subcontract value, including approved Change Orders and other additions to the subcontract value; provided, further, that the work of the lower tier subcontractor is proceeding satisfactorily and the lower tier subcontractor has provided or provides such satisfactory reasonable assurances of continued perfonnance and financial responsibility to complete his or her work including any warranty work as the subcontractor in his or her reasonable discretion may require; including, but not limited to, a payment and performance bond. Final payment of any retained amounts to the Contractor shall be made after certification by the Contract Administrator that the Work has been satisfactorily completed and is accepted in accordance with the Agreement and Contract Documents. Neither final payment nor any remaining retainage shall become due until the Contractor submits to the Contract Administrator (1) an affidavit that payrolls, bills for materials and equipment, and other indebtedness connected with the Work for which the City or City property might be responsible or encumbered (less amounts withheld by City) have been paid or otherwise satisfied, (2) a certificate evidencing that insurance, required by the Contract Documents to remain in force after final payment, is currently in effect and will not be canceled or allowed to expire until at least thirty (30) calendar days prior written notice has been given to the City; (3) a written statement that the Contractor knows of no substantial reason that the insurance will not be renewable to cover the period required by the Contract Documents, (4) consent of surety, if any, to final payment, (5) a release or waiver of liens, claims, security interests, and encumbrances by all subcontractors and material suppliers, and (6), if required by the City, other data establishing payment or satisfaction of obligations, such as receipts, to the extent and in such form as may be designated by the City. If a subcontractor or material supplier refuses to furnish a release or waiver as required by the City, the Contractor may furnish a bond satisfactory to the City to indemnify the City against such lien. If such lien remains unsatisfied after payments are made, the Contractor shall refund to the City all money that the City may be compelled to pay in discharging such lien, including all costs and reasonable attorneys' fees. Acceptance of final payment by the Contractor; a subcontractor or material supplier shall constitute a waiver of claims by that payee, except those claims previously made in writing and identified by that payee as unsettled at the time of final application for payment. Reserved ROM651t 1Y8, The City will be Administering the Contract itself See Exhibit A "EXHIBIT M" 1. Maintenance of Worksite: The Contractor shall maintain the Project and the surrounding worksite from the Commencement Date until Final Completion of the Project. 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: From the Commencement Date until the Final Completion, 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 I(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 Activity: 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. TO: FROM: MILTON% ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM City Council DATE: September 4, 2019 Steven Krokoff, City Manager AGENDA ITEM: Approval of an Agreement between the City of Milton and Crabapple Merchant Association Regarding Responsibilities and Obligations Related to the Co -Hosting of Crabapple Fest. MEETING DATE: Monday, September 9, 2019 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (,J/ PPROVED (J NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: (kfES () NO CITY ATTORNEY REVIEW REQUIRED: (?IYES () NO APPROVAL BY CITY ATTORNEY: (,)/APPROVED (J NOT APPROVED PLACED ON AGENDA FOR: 2006 Heritage Walk Milton, GA P: 678.242.2500 1 F: 678.242.2499 info@cityofmiltonga.us I www.cityofmiltonga.us 0000 To: Honorable Mayor and City Council Members From: Courtney Spriggs, Community Outreach Manager Date: Submitted on August 29, 2019 for the September 9, 2019 Regular Council Meeting Agenda Item: Approval of an Agreement between the City of Milton and Crabapple Merchant Association Regarding Responsibilities and Obligations Related to the Co-Hosting of Crabapple Fest ______________________________________________________________________________ Department Recommendation: Approval. Executive Summary: The City of Milton and non-profit Crabapple Merchant Association (hereinafter referred to as CMA) have entered into a partnership for the seventh annual Crabapple Fest. The impetus of this partnership is CMA’s need for professional help for logistics, advertising, and public safety and the City of Milton’s benefit of community partnership and vendor assistance. We saw great success with the agreement and partnership for the 2013-2018 Crabapple Fests. Both parties wish to continue the yearly festival in the heart of historic downtown Crabapple to complement the vision of “Downtown Milton” as the city grows. This document outlines the expectations and deliverables of that partnership, including CMA’s handling of vendors, Milton’s handling of children’s activities and sponsors and shared responsibilities of volunteerism. Funding and Fiscal Impact: Funding for this festival will be achieved by the existing special event fund line items for the Crabapple Fest ($24,508). This cost will be offset with sponsorships which we estimate to be $10,000.00 and vendor fees of approximately $1000.00. Alternatives: Denial of the contract, dissolution of the partnership. Legal Review: Jeff Strickland– Jarrard & Davis (3/2/2018) Concurrent Review: Steven Krokoff, City Manager Stacey Inglis, Assistant City Manager Attachment(s): Agreement between the City of Milton and CMA Regarding Responsibilities and Obligations Related to Co-Hosting of Crabapple Fest. 1 AGREEMENT BETWEEN THE CITY OF MILTON AND CMA REGARDING RESPONSIBILITIES AND OBLIGATIONS RELATED TO CO-HOSTING OF THE CRABAPPLE FEST THIS AGREEMENT is effective as of this_____ day of _____________, 2019, by and between CITY OF MILTON, a political subdivision of the State of Georgia, acting by and through its governing authority, the Mayor and City Council for the City of Milton (“City"), and CRABAPPLE MERCHANT ASSOCIATION INC., a Georgia nonprofit corporation, ("CMA"). Collectively, the City and CMA may be referred to herein as the "Parties." WITNESSETH THAT: WHEREAS, the City and CMA desire to co-host a festival to be known as the Crabapple Fest and to specify each party’s responsibilities and obligations related thereto; and WHEREAS, the City and CMA have determined that it would be mutually beneficial to share in the cost of hosting this festival, as both Parties would benefit from maximum community branding, cost sharing, increased festival attendance, and enhanced benefits to community commerce; and WHEREAS, the City is authorized by Article IX, Section 2, Paragraph III of the Constitution of the State of Georgia to provide and fund recreational programs; and WHEREAS, the City will receive a substantial benefit from consolidating its efforts with those of CMA, as the City will be able to co-host a much larger festival than was previously possible, with greater recreational opportunities for Milton’s citizens; and WHEREAS, the public interest will be served by this Agreement, as the City will receive a substantial benefit through CMA’s provision of funding, personnel and administrative assistance in co-hosting a much larger community festival; NOW, THEREFORE, for and in consideration of the mutual promises, the public purposes, and the acknowledgements and agreements contained herein, together with other good and adequate consideration, the sufficiency of which is hereby acknowledged, the Parties hereto do mutually agree as follows: I. SCOPE OF SERVICES AND TERMINATION DATE A. Project Description The Parties will work cooperatively to co-host a festival in downtown Crabapple, which festival shall be known as “Crabapple Fest” (the “Festival”). B. Party Obligations and Responsibilities 1. City Obligations and Responsibilities 2 The City shall be responsible for providing all labor and funding associated with the following in co-hosting the Festival: a. Logistics – The City shall be responsible for coordinating any logistics associated with closing roads and providing security for the Festival, including but not limited to closing Crabapple Road (from Heritage Walk to Broadwell Road) where the Festival will occur and providing a public safety presence at the Festival. b. Children’s Activity Area – The City shall be responsible for organizing and running the children’s activity area and shall include space sufficient for children’s activities. c. Sponsorships – The City shall be responsible for and authorized to obtain sponsorships to fund its portion of any costs associated with co-hosting the Festival. The City shall make a good faith effort to secure as many sponsorships as possible to offset the public funds needed to be expended on the Festival. Any sponsors providing three thousand dollars ($5,000) or more in sponsorship funding shall be allowed to have a booth at the Festival at no additional charge. d. Vendor Solicitation and Recruitment (Other than Antique/Art/ Vendors Recruited by CMA) – The City will maintain a record of all participating vendors (other than antique, art and food vendors recruited by CMA) that the City recruits to participate in the Festival, which record shall include the name, address, and phone number of the vendor, any amounts payable or outstanding from such vendor, the vendor terms, the vendor class (if any), and any other vendor information deemed necessary. The City may, but is not required to, set a fee for participation by such vendors, which fee, if imposed, shall not exceed one hundred dollars ($100.00) (vendors may choose to make a donation in excess of such amount). Any amounts outstanding to be collected from such vendors (other than antique and art vendors recruited by CMA) shall be the responsibility of the City. e. Publicity and Communications – The City shall coordinate any publicity and communications associated with the Festival, including but not limited to written flyers, pamphlets and advertisements, signage, broadcast media, etc. f. Budget and Finances – The City shall set the Festival budget and keep records of all finances related to the Festival. The City shall provide a copy of any financial statements or other financial 3 reports completed in relation to the Festival to CMA for consideration in Post-Event Evaluation/Summary/Appreciation. 2. CMA Obligations and Responsibilities CMA will be responsible for providing all labor and funding associated with the following in co-hosting the Festival: a. Vendor Solicitation and Recruitment (Antique/Art/Food Vendors Recruited by CMA) – CMA shall be responsible for soliciting and recruiting antique, art, and food vendors for the festival. CMA will maintain a record of all participating antique, art and food vendors recruited by CMA to participate in the Festival, which record shall include the name, address, and phone number of the vendor, any amounts payable or outstanding from such vendor, the vendor terms, the vendor class (if any), and any other vendor information deemed necessary. Any amounts outstanding to be collected from any antique, art and food vendors recruited by CMA shall be the responsibility of CMA. b. Vendor Management and Communications – CMA shall be responsible for managing the involvement of and communicating with any and all antique, art, and food vendors recruited by CMA; provided that any fee charged by CMA to vendors to participate in the Festival shall not exceed two hundred twenty-five dollars ($225.00) (vendors may choose to make a donation in excess of such amount). The Parties agree that any revenue collected from fees charged to antique, art and food vendors recruited by CMA shall be designated to the CMA’s fundraising account. c. Vendor Tents – CMA will require all vendors to be responsible for providing their own tents for their booths/vendor stands. d. Revenue Reporting – Once the Festival is complete, CMA will provide the City with a report specifying all revenues and/or other monies collected in relation to the Festival, including but not limited to those designated for community programs (e.g., donations). 3. Joint Obligations and Responsibilities of both the City and CMA The City and CMA will be jointly responsible for providing all labor and funding associated with the following in co-hosting the Festival: a. Volunteer Recruitment and Coordination – The City and CMA shall work together to recruit and coordinate volunteers to plan for 4 and staff the Festival. b. Post-Event Evaluation/Summary/Appreciation – The City and CMA shall work together to evaluate the success of the Festival once complete. 4. All Other Obligations The Parties will negotiate in good faith to equitably assign any obligations or responsibilities not specifically assigned herein, and the labor and funding associated therewith, as such obligations and responsibilities are identified. C. No Admission for Attendees. The Parties agree that there shall be no admission fee charged to members of the public who attend the Festival. D. Schedule. The Parties anticipate that the Festival will be held on Saturday, October 5, 2019. This Agreement will terminate upon completion of Post-Event Evaluation, Summary and Appreciation activities following the Festival, which the Parties expect to be completed within five (5) weeks of the Festival. II. MISCELLANEOUS A. Amendments This Agreement may be amended only upon execution of an amendment by both of the Parties hereto. B. Indemnification of the City The CMA shall bear all losses and damages directly or indirectly resulting to it and/or the City on account of CMA’s performance of this Agreement. CMA shall defend, indemnify and hold harmless the City, its officers, boards, commissions, elected and appointed officials, employees, servants, volunteers and agents (hereinafter referred to as “City Parties”) from and against any and all claims, injuries, suits, actions, judgments, damages, losses, costs, expenses and liability of any kind whatsoever, including but not limited to, attorney’s fees and costs of defense, (hereinafter “Liabilities”) which may be the result of willful, negligent or tortious conduct arising out of CMA’s performance of this Agreement or operations by the CMA, any CMA contractor, anyone directly or indirectly employed by the CMA or a CMA contractor or anyone for whose acts the CMA or a CMA contractor may be liable. This indemnity obligation does not include Liabilities caused by or resulting from the sole negligence of the City or City Parties. 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 5 in this provision. In any and all claims against the City or City Parties, by any employee or representative of the CMA, any CMA contractor, anyone directly or indirectly employed by the CMA or a CMA contractor or anyone for whose acts the CMA or a CMA contractor 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 CMA or any CMA contractor under workers’ or workmen’s compensation acts, disability benefit acts or other employee benefit acts. This obligation to indemnify, defend, and hold harmless the City and City Parties shall survive expiration or termination of this Agreement, provided that the claims are based upon or arise out of actions that occurred during the performance of this Agreement. C. Insurance The CMA shall have and maintain in full force and effect for the duration of this Agreement commercially reasonable insurance insuring against claims for injuries to persons or damages to property which may arise from or in connection with the performance of this Agreement by CMA, its agents, representatives, employees or contractors. Insurance is to be placed with insurers with an A.M. Bests' rating of no less than A:VII. The City and City Parties are to be covered as additional insureds in such policies. Further, during the term of this Agreement, each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled, reduced in coverage or in limits except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. CMA shall furnish the City with certificates of insurance and endorsements to the policies evidencing coverage required by this Article. The certificate of insurance and endorsements shall be on a form utilized by CMA's insurer in its normal course of business and shall be received and approved by the City prior to execution of this Agreement by the City. The City reserves the right to require complete, certified copies of all required insurance policies at any time. The CMA shall provide proof that any expiring coverage has been renewed or replaced at least two (2) weeks prior to the expiration of the coverage. These requirements are subject to amendment or waiver if so approved in writing by the City Manager. D. Employment of Unauthorized Aliens Prohibited (1) E-Verify Affidavit – Pursuant to O.C.G.A. § 13-10-91(b)(5), and as it is the City’s understanding that CMA has no employees and does not intend to hire any employees for the purpose of performance of this Agreement, CMA must provide a copy of the state issued driver’s license or state issued identification card (from a state approved by Georgia’s Attorney General) of an individual authorized to act on behalf of CMA. CMA agrees that the employee-number category designated below is applicable to CMA: ____ 500 or more employees ____ 100 or more employees ___ Fewer than 100 employees. In the event CMA employs or contracts with any subcontractor(s) in connection with this Agreement, CMA will secure from the subcontractor(s) such subcontractor(s') indication of the employee-number category applicable to the subcontractor, as well as the subcontractor's execution of the affidavit shown in Georgia Rule 300-10-1-.08 or a substantially similar 6 subcontractor affidavit (or, if subcontractor has no employees, a copy of the state issued driver’s license or state issued identification card of an individual authorized to act on behalf of the subcontractor); and require the subcontractor to maintain records for inspection by the City at any time. No vendor shall be deemed to be an employee or independent contractor of CMA or of the City, as such vendors are not required to provide any service to the CMA or the City and are simply authorized to participate as a vendor in the Festival. In the event CMA later determines that it will hire employees to satisfy or complete the physical performance of services under this Agreement, it shall first be required to comply with the affidavit requirements described in O.C.G.A. § 13-10-91. E. Records, Reports and Audits (1) Records: (a) Records shall be established and maintained by the CMA in accordance with requirements prescribed by the City with respect to all matters covered by this Agreement. Except as otherwise authorized, such records shall be maintained for a period of three years from the date that evaluation of the Project is complete. (b) All costs shall be supported by properly executed invoices, contracts, or vouchers, or other official documentation evidencing in proper detail the nature and propriety of the charges. All invoices, contracts, vouchers, orders or other accounting documents pertaining in whole or in part to this Agreement shall be clearly identified and readily accessible. (2) Reports and Information: Upon request, the CMA shall furnish to the City any and all statements, records, reports, data and information related to matters covered by this Agreement in the form requested by the City. (3) Audits and Inspections: At any time during normal business hours and as often as the City may deem necessary, there shall be made available to the City for examination all records with respect to all matters covered by this Agreement. The CMA will permit the City to audit, examine, and make excerpts or transcripts from such records, and to audit all contracts, invoices, materials, or data relating to all matters covered by this Agreement. F. Conflicts of Interest CMA agrees that it shall not engage in any activity or conduct that would result in a 7 violation of the City of Milton Code of Ethics. G. Confidentiality CMA acknowledges that it may receive confidential information of the City and that it will protect the confidentiality of any such confidential information and will require any of its contractors and/or staff/volunteers to likewise protect such confidential information. The CMA agrees that confidential information it receives or such reports or information that CMA creates under this Agreement shall not be made available to, or discussed with, any individual or organization, including the news media, without prior written approval of the City. The CMA shall exercise reasonable precautions to prevent the unauthorized disclosure and use of City information whether specifically deemed confidential or not. CMA acknowledges that the City’s disclosure of documentation is governed by Georgia’s Open Record’s Act. H. Authority to Contract The CMA covenants and declares that it has obtained all necessary approvals of its board of directors or similar authority to simultaneously execute and bind CMA to the terms of this Agreement, if applicable. Ratification of the agreement by a majority of the members of the City Council shall be authority for the Mayor to execute this Agreement on behalf of the Council. I. 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 CMA agrees that, during performance of this Agreement, CMA, for itself, its assignees and successors in interest, will not discriminate against any employee or applicant for employment, any contractor, or any supplier because of race, color, creed, national origin, gender, age or disability. In addition, CMA agrees to comply with all applicable implementing regulations and shall include the provisions of this Section II(I) in every contract for services contemplated under this Agreement. III. TERMINATION The City shall have the right to terminate this Agreement for convenience by providing written notice thereof at least thirty (30) calendar days in advance of the termination date. Upon termination, the CMA shall promptly discontinue all work that would incur additional liability or obligation on the City, unless the notice directs otherwise. The rights and remedies of the City and CMA provided in this Article are in addition to any other rights and remedies provided under this Agreement or at law or in equity, including but not limited to the right to terminate this Agreement for cause. IV. NO PERSONAL LIABILITY Nothing herein shall be construed as creating any individual or personal liability on the 8 part of any City Party. No City Party shall be personally liable to the CMA 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 CMA or successor or on any obligation under the terms of this Agreement. Likewise, CMA’s performance of services under this Agreement shall not subject CMA’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 and/or asserted only against CMA or the City, respectively, and not against any employee, officer, director, or elected or appointed official. V. ENTIRE AGREEMENT This Agreement constitutes the complete agreement between the Parties and supersedes any and all other agreements, either oral or in writing, between the Parties with respect to the subject matter of this Agreement. No other agreement, statement or promise relating to the subject matter of this Agreement not contained in this Agreement shall be valid or binding. This Agreement may be modified or amended only by a written document signed by both Parties with appropriate authorization. VI. SUCCESSORS AND ASSIGNS; 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. VII. APPLICABLE LAW 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. VIII. CAPTIONS AND SEVERABILITY The caption or headnote on articles or sections of this Agreement are intended for convenience and reference purposes only and in no way define, limit or describe the scope or intent thereof, or of this Agreement nor in any way affect this Agreement. Should any article(s) or section(s), or any part thereof, later be deemed 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. IX. NOTICES A. Communications Relating to Day-to-Day Activities All communications relating to the day-to-day activities concerning the Project shall be 9 exchanged between Courtney Spriggs for the City and Julie Hans for CMA. B. Official Notices All other notices, requests, demands, writings, or correspondence, as required by this Agreement, shall be in writing and shall be deemed received, and shall be effective, when: (1) personally delivered, or (2) on the third day after the postmark date when mailed by certified mail, postage prepaid, return receipt requested, or (3) upon actual delivery when sent via national overnight commercial carrier to the Parties at the addresses given below, or at a substitute address previously furnished to the other Parties by written notice in accordance herewith: NOTICE TO THE CITY shall be sent to: Milton City Manager 2006 Heritage Walk Milton, GA 30004 With a copy to, Milton Community Outreach Manager 2006 Heritage Walk Milton, GA 30004 NOTICE TO THE CMA shall be sent to: Jennifer Newton, President Crabapple Merchant Association Inc. 615 Gantt Road Alpharetta, GA 30004 Future changes in address shall be effective only upon written notice being given by the City to CMA or by CMA to City Manager via one of the delivery methods described in this Section. XIV. WAIVER OF AGREEMENT No failure by the Parties to enforce any right or power granted under this Agreement, or to insist upon strict compliance with this Agreement, and no custom or practice of the Parties at variance with the terms and conditions of this Agreement shall constitute a general waiver of any future breach or default or affect the Parties’ right to demand exact and strict compliance with the terms and conditions of this Agreement. XV. 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. 10 XVI. 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. XVII. FORCE MAJEURE Neither the City nor CMA shall be liable for their respective non-negligent or non-willful failure to perform or shall be deemed in default with respect to the failure to perform (or cure a failure to perform) any of their respective duties or obligations under this Agreement or for any delay in such performance due to: (a) any cause beyond their 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 CMA; (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 of this Agreement shall be renegotiated in good faith between the Parties to reasonably account for such circumstances, and all other obligations shall remain intact. [SIGNATURES ON FOLLOWING PAGE] 11 IN WITNESS WHEREOF the City and CMA have executed this Agreement effective as of the date the last Party executes this Agreement. CRABAPPLE MERCHANT ASSOCIATION INC., a Georgia Nonprofit Corporation By: _________________________________ Jennifer Newton, President Date: _____________________ [CORPORATE SEAL] ATTEST: By: ____________________________ Amanda Fuller, Executive Director CITY OF MILTON By: __________________________________ Joe Lockwood, Mayor Date: _____________________ [CITY SEAL] ATTEST: By: ____________________________ Sudie AM Gordon, City Clerk Approved as to form: _______________________________ City Attorney MILTON'Ilk ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: September 4, 2019 FROM: Steven Krokoff, City Manager(.` AGENDA ITEM: Approval of an Agreement between the City of Milton and Premier Events for Event Management Services for Crabapple Fest 2019. MEETING DATE: Monday, September 9, 2019 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (APPROVED (J NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: (kv ES () NO CITY ATTORNEY REVIEW REQUIRED: ( YES () NO APPROVAL BY CITY ATTORNEY. (APPROVED (J NOT APPROVED PLACED ON AGENDA FOR: 0'1 I of icil 2006 Heritage Walk Milton, GA P: 678.242.25001 F: 678.242.2499 info@cityofmiltonga.us I www.cityofmiltongo.us 0000 To: Honorable Mayor and City Council Members From: Courtney Spriggs, Community Outreach Manager Date: Submitted on August 29, 2019 for the September 9, 2019 Regular City Council Meeting Agenda Item: Approval of an Agreement with Premier Events for Event Management Services for Crabapple Fest 2019 Department Recommendation: Approval. Executive Summary: Event management services for Crabapple Fest, including handling of vendors, equipment rentals, and logistics. Procurement Summary: Purchasing method used: 3 Written Quotes ($5,000-$49,999) Account Number: 201-1571-521200002 Requisition Total: $8,500 Vendor DBA: N/A Other quotes or bids submitted (vendor/$): NA Vendor/Firm Quote/Bid JRM Management No Staff Available TRRU Event Management No Reply to Request Financial Review: Bernadette Harvill, August 29, 2019 Legal Review: Steff Strickland, Jarrard and Davis, August 19, 2019 Concurrent Review: Steve Krokoff Attachment: Quote from Premier Events Page 1 of 3 Premier Events 1825 MacArthur Blvd, Atlanta, GA 30318 Phone 404-262-1800 fax 404-720-0800 Prepared For: Client: Courtney Spriggs Company: The City of Milton Address: 2006 Heritage Walk, Milton, GA 30004 Phone: 678-242-2533 (O) Email: Courtney.Spriggs@cityofmiltonga.us Prepared By: Laura Valente Premier Events 1825 MacArthur Blvd Atlanta, GA 30318 PH: 770-241-4566 Email: laura@premiereventslive.com Name of Event: Crabapple Fest Date of Event: October 5, 2019 Location: Crabapple Road - Milton Time: 10am – 5pm Anticipated Attendance: 30,000 Page 2 of 3 Premier Events 1825 MacArthur Blvd, Atlanta, GA 30318 Phone 404-262-1800 fax 404-720-0800 Crabapple Festival - Logistics GOALS: √ Provide a professional turn-key solution for general event logistics management √ Produce a professional, respected and entertaining event for guests, vendors, sponsors and participants EVENT SUMMARY: This is a 1-day FREE admission community festival with approximately 100 vendors, plus food vendors, sponsors and community partners. SCOPE OF SERVICES: The following is a proposed list of services to be provided by Premier Events. EVENT LOGISTICS MANAGEMENT • Develop event layout and site map detailing event activities, exhibitors, sponsors, vendors as well as back of house operational areas. • Provide event production timeline detailing event activities from load in through completion of load out. • Assist as needed with development of event security plan and coordination of event information to event security team. All final security plans and costs for security are subject to approval by client and the financial responsibility of the client. • As needed, source, contract and manage any required event rentals, services etc. including but not limited to: o Event rentals – tents, fencing, barricade, tables, chairs, event radios, etc. o Waste Management - Port-o-potties, waste management/clean-up/trash services o Production – stages, audio, lighting, etc. as needed for the event o Temporary power / generators o Site Set up labor crew All costs to be approved by the client and upon approval, all fees for 3rd party rentals/logistics are the financial responsibility of the client. Premier Events can facilitate payment directly to these vendors and streamline these costs into an invoice for reimbursement from the client. 50% of estimated expenses will be due 14 days prior to the event. • Client will secure all sponsors, exhibitors and vendors for the event. Upon confirmation, contact information for sponsor or vendor will be provided to Premier Events to facilitate communications regarding their on-site needs and set up. Premier Events will furnish details to all vendors and sponsors regarding load in and set up. • Attend pre-event meetings/conference calls as needed to plan and coordinate the overall event logistics plans. • Provide on-site management team from load in, during all event hours and through the completion of load out. Serve as key contact for event logistics and troubleshooting. This will include on-site support for day before Page 3 of 3 Premier Events 1825 MacArthur Blvd, Atlanta, GA 30318 Phone 404-262-1800 fax 404-720-0800 Crabapple Festival - Logistics event for any pre-event site marking or load in, day of event and day after event to manage any required post event load out. Staffing included in this proposal for day of show includes an event manager and 3 support staff to help facilitate on site set up, during event management/troubleshooting, tear down and load out. If additional on-site set up staff is required for event set up, this will be billed to the client at a rate of $25 per hour. COMPENSATION: $8500. Includes all pre-planning, development, vendor coordination, site maps and event labor (event set up Friday, Oct 4th: Manager + 3 support staff; day of event Saturday, October 5th: Manager + 3 support staff) CLIENT is responsible for the following elements: • Procuring event sponsors, exhibitors and vendors • Event marketing TERMS AND CONDITIONS: • Consulting fee includes general administrative costs that Premier Events will incur while completing the scope of work. This includes items such as phone, fax, P.O. Box, copies, printing, general office supplies, etc. • Consulting fee does not include costs related to event specific costs (i.e. entertainment/talent fees, event rentals, 3rd party professional services, permit fees, security, set up labor, catering, signage/décor, etc.). These costs would be subject to the client’s approval and upon approval is the financial responsibility of the client. At clients’ request, PE can pay 3rd party vendors and invoice client for said costs and furnish supporting documentation of all invoices paid. This would be based on receipt of 50% deposit of projected expenses 30 days out and balance of funds would be due post event upon receipt of final expense report from Premier Events. Agreed and Accepted: Client PREMIER EVENTS, LLC 1825 MacArthur Blvd Atlanta, GA 30318 Name: Name: Date Date TO: FROM: MILTON% ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM City Council DATE: September 4, 2019 Steven Krokoff, City Manager: AGENDA ITEM: Approval of an Agreement between the City of Milton and New Providence, LLC Regarding Event Sponsorship Including Use of Lecoma Trace for Crabapple Fest. MEETING DATE: Monday, September 9, 2019 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: ()APPROVED (J NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: ( ,VS'ES () NO CITY ATTORNEY REVIEW REQUIRED: (KES () NO APPROVAL BY CITY ATTORNEY: (APPROVED (J NOT APPROVED PLACED ON AGENDA FOR: i u9j 2 `I 2006 Heritage Walk Milton, GA P: 678.242.2500 1 F: 678.242.2499 info@cityofmiltonga.us I www.cityofmiltonga.us 0000 To: Honorable Mayor and City Council Members From: Courtney Spriggs, Community Outreach Manager Date: Submitted on August 29, 2019 for the September 9, 2019 Regular Council Meeting Agenda Item: Approval of an Agreement between the City of Milton and New Providence, LLC Regarding Event Sponsorship Including Use of Lecoma Trace for Crabapple Fest ______________________________________________________________________________ Department Recommendation: Approval. Executive Summary: New Providence, LLC has agreed to allow use of the property at Lecoma Trace, a private road, for Crabapple Fest as an in-kind sponsorship for the festival. This document outlines the expectations and deliverables of this agreement. Funding and Fiscal Impact: None. Alternatives: Denial of the contract, dissolution of the partnership. Legal Review: Jeff Strickland– Jarrard & Davis (08/29/19) Concurrent Review: Steven Krokoff, City Manager Stacey Inglis, Assistant City Manager Attachment(s): Agreement between the City of Milton and New Providence, LLC Regarding Event Sponsorship Including Use of Lecoma Trace for Crabapple Fest Lecoma Trace TEMPORARY LICENSE AGREEMENT This TEMPORARY LICENSE AGREEMENT (“License”) made this _____ day of ____________, 20____, by and between __________________ (“Licensor”), and _________________________________ (“Licensee”). WITNESSETH: WHEREAS, Licensor is the owner of the portion of the road, Lecoma Trace, which is bordered to the north by Wishart Walk, to the south by Crabapple Road, and between 12660 Crabapple Rd. to the west, and 12670 Crabapple Rd. to the east, which is more particularly depicted on Exhibit “A” (the “Property”); and WHEREAS, Licensee desires to enter upon the Property and use the “License Area” (as hereinafter defined) on the Property, and Licensor is willing to grant Licensee a temporary and limited license to use said License Area, upon the terms and conditions hereinafter set forth. NOW, THEREFORE, in consideration of the covenants hereinafter set forth, and other good and valuable consideration from each of the parties to the other, the receipt and sufficiency of which are hereby acknowledged, Licensor and Licensee covenant and agree as follows: 1. LICENSE AREA: Licensor hereby grants to Licensee, and Licensee hereby accepts, a revocable (upon Licensee default), non-transferable and exclusive limited license to use the License Area, subject to the terms, conditions, covenants and agreements hereinafter set forth. Licensor’s grant hereunder shall in no way operate to confer upon Licensee any other interest, status, or estate of any kind other than a limited license. The “License Area” shall mean the area reflected on Exhibit “A”. Licensor shall not be obligated to provide Licensee any other services in connection with Licensee’s use of the License Area, including enforcing the exclusivity o f this License. Licensor agrees to not enter into an agreement with any other party allowing the use of the License Area during the License Term. 2. LICENSE TERM: The term of this License (the “Term”) shall commence at ________ A.M. on ____________ ___, 20__ and shall terminate at ________ A.M. on ____________ ___, 20__. Upon the expiration or sooner termination of this License, Licensee covenants and agrees to vacate and surrender the License Area to Licensor in the same condition and repair as exists at the commencement of the Term. 3. CONDITION OF LICENSE AREA: Licensee hereby accepts the License Area in its “as is” condition, with all faults, and acknowledges that Licensor shall not be required to perform any additions, alterations, or improvements in or to the License Area. Licensee shall keep the License Area clean and free from debris, garbage, refuse and trash at all times. Licensee acknowledges that Licensor has made no representations or warranties respecting the condition of the License Area or the Property, and that Licensee has inspected and is thoroughly familiar with the current condition of the License Area. 4. USE OF LICENSE AREA: (a) Licensee shall use the License Area solely for ______________________ (the “Permitted Use”), and for no other purpose whatsoever. Licensee shall, at Licensee's sole expense, properly and promptly comply with and execute all laws, ordinances, rules, regulations and requirements, as the same now exist or as they may hereafter be enacted, amended or promulgated, of or by any Federal, state, county or municipal authority, and/or any department or agency thereof, or any similar organization, relating to Licensee's normal and customary operations and activities, Licensee’s vehicles, the License Area and/or the use of any one of them. Licensee shall comply with the Rules and Regulations attached as Exhibit “C”. (b) Anything placed in the Licensed Area, together with the contents of such item, shall be at the sole risk of Licensee, it being understood and agreed that, with the exception of damage caused by Licensor intentionally or with gross negligence, Licensor shall not be held in anyway responsible to Licensee (or persons -2- claiming by, through, or under Licensee) for injury, loss or damage to such items, or to any personal property left therein or thereabout, whether by reason of fire, water, theft, collision, vandalism or any other cause whatsoever; nor shall Licensor incur any liability on account of inaccessibility or disrepair of the License Area due directly or indirectly to inclement weather, accidents or other reasons beyond Licensee’s control, nor for any property damage or any personal injury whatsoever occurring in, on or about the Property (including, but not limited to, the driveways, License Area and common areas of the Property), or the means of ingress thereto or egress therefrom. (c) Licensee agrees that upon the expiration of this Agreement, Licensee shall remove all of its goods and effects from the License Area, repair any damage caused by its use and such removal and peaceably yield up the License Area in clean condition and in as good order and repair as existed on the commencement of Licensee’s use, reasonable wear and tear accepted. Any personal property of Licensee, or Licensee’s invitees, not removed before the expiration of the Term may, at Licensor’s sole option be stored at Licensee’s expense or deemed abandoned and retained or disposed of by Licensor in whatever manner or fashion Licensor deems appropriate. 5. INSURANCE, LIABILITY, AND INDEMNITY: (a) Licensee shall satisfy and comply with the insurance requirements set forth on Exhibit “B” during the term of License and the use of the Licensee Area. If Licensee utilizes any third (3rd) party vendor, such third (3rd) party vendor shall satisfy the Exhibit “B” requirements. (b) To the fullest extent permitted by applicable law, Licensor shall not be liable to Licensee, its employees, agent, contractors, invitees, or any other persons for any claims, damages or injuries resulting from any bodily injury or death or loss or damage to property, whether or not due to the acts or omissions of Licensor or any other person or entity, in, or about the Property (including, but not limited to, the driveways and License Area), the parties intending insurance to assume all such risks. Licensee agrees to and does hereby defend, indemnify and hold Licensor harmless from and against any and all actions, claims, costs, damages, expenses, fees, judgments, liabilities or suits arising from or out of, or in connection with, (i) acts or omissions of Licensee or Licensee's agents, contractors, employees, invitees or others for whom Licensee is responsible (collectively, “Licensee’s Agents”), in, on or about the Property, (ii) the condition of the Property (including but not limited to, the Driveways and License Area) and/or any damage, death or injury to person or property in, on or about the Property, and/or (iii) any brea ch of the terms of this License by Licensee or Licensee's Agents. The foregoing indemnity shall be deemed to survive the expiration or sooner termination of this License. (c) Notwithstanding any provision hereof to the contrary, Licensee shall look solely to the estate and property of Licensor in and to the Property in the event of any claim or judgment against Licensor arising out of or in connection with (i) this License, (ii) the relationship of Licensor and Licensee, or (iii) Licensee’s use of the License Area. Licensee agrees that the liability of Licensor arising out of or in connection with (i) this License, (ii) the relationship of Licensor and Licensee, or (iii) Licensee’s use of the License Area, shall be limited to such estate and property of Licensor. 6. ASSIGNMENT AND SUBLETTING: Licensee shall have the right to sublet, sublicense, or otherwise permit occupancy or use by any person or entity other than Licensee and Licensee’s Agents of the License Area or any part thereof, provided that all such subletting, sublicensing, or occupancy is solely for the Permitted Use (i.e., Licensee hosting Crabapple Festival). 7. DEFAULTS: If Licensee violates any of the terms or conditions hereof, or creates a hazard to the health and/or safety of any occupant of the Property, then and in any such event, in addition to any and all rights and remedies allowed at law or in equity, this License and/or Licensee's right to use the License Area shall be automatically revoked and Licensee shall surrender and vacate the License Area immediately (failing which Licensor may enter into and repossess said License Area with or without process of law and remove all persons and property of Licensee therefrom if the same has not previously been removed, and for the purpose of such entry and repossession. LICENSEE WAIVES ANY NOTICE TO QUIT OR ANY OTHER NOTICE PROVIDED BY LAW OR OTHERWISE TO BE GIVEN IN CONNECTION THEREWITH). In addition, Licensee will pay all costs and fees (including, but not limited to, court costs and reasonable attorneys' fees) incurred by Licensor in connection with obtaining possession of said License Area or in the enforcement of any covenant, condition or agreement herein -3- contained, whether through legal proceedings or otherwise and whether or not any such legal proceedings be prosecuted to a final judgment. A waiver by Licensor of any default by Licensee in the performanc e of any of the covenants, terms or conditions hereof shall not constitute or be deemed a waiver of any subsequent or other default. A delay on the part of Licensor to exercise or enforce any of its rights, powers or privileges hereunder shall not be deemed a waiver of such right, power or privilege. The rights and remedies of Licensor under this License shall be cumulative and in addition to any other rights and remedies given to Licensor by law. The exercise by the Licensor of any right or remedy herein provided shall not impair Licensor's rights to exercise any other remedy provided by law. 8. RIGHTS RESERVED BY LICENSOR: Licensor reserves the right to enter the License Area at all times (a) to inspect and repair the License Area or the Property as Lice nsor may deem necessary or desirable, (b) for any purpose whatsoever relating to the safety, protection or preservation of the License Area or Property, and (c) for any other purpose which does not prevent the use of the License Area in accordance with the terms hereof. In any such event, the Licensor shall take reasonable measures to avoid undue disturbance to Licensee's use of the License Area, however, Licensee agrees to cooperate with Licensor and to relocate the License Area if Licensor requests. 9. NOTICES: All notices hereunder shall be hand delivered, delivered by a nationally recognized overnight delivery service (such as Federal Express), or mailed in a certified prepaid envelope addressed to Licensor or Licensee, respectively, at the addresses reflected on the signature page. Any notice sent in accordance with the foregoing shall be deemed duly given when received (or when delivery is refused) if hand -delivered, on the next business day if deposited with a nationally recognized overnight delivery service, or on the third business day if sent by certified mail and such refusal is documented by the person or entity attempting delivery. Either party may from time to time change the address to which notice is to be given, by written notice to the othe r party sent in accordance with this provision. 10. GENERAL PROVISIONS: The captions in this License are inserted only as a matter of convenience and for reference, and in no way define, limit or describe the scope or intent of such paragraph or of this License. The terms, covenants and conditions contained in this License shall bind and inure to the benefit of the Licensor and Licensee, and their respective heirs, legal representatives, successors and assigns; provided that, nothing in this Section 10 shall be deemed to permit any transfer, assignment, sublease, license or other arrangement in violation of Section 6 hereof and nothing herein shall be construed to impose any personal liability on the officers or employees of Licensor or Licensee. This License and all of the rights of Licensee hereunder are expressly subordinate to the provisions of any mortgage, deed of trust or underlying master lease encumbering the Property. No change, waiver or modification of the terms hereof shall be binding unless in writing and signed by the parties hereto. The interpretation of this License shall be governed by the laws of the State of Georgia, without regard to the conflict of laws principles thereof. This License constitutes the entire agreement between the parties with respect to the License Area and the use thereof. [SIGNATURES ON FOLLOWING PAGE] -4- IN WITNESS WHEREOF, Licensor and Licensee have caused these presents to be signed (duly executed and attested) and sealed the day and the year first above written. WITNESS: LICENSOR: __________________________________ _________________________________ By: _____________________________ Name:_____________________________ Title: _____________________________ Address: 12650 Crabapple Road, Suite 200 Milton, GA 30004 WITNESS: LICENSEE: City of Milton, GA __________________________________ By: _____________________________ Name:_Joe Lockwood________________ Title: _Mayor______________________ Address: Attn: City Manager 2006 Heritage Walk Milton, GA 30004 Approval as to form: __________________________ City Attorney -5- EXHIBIT A DEPICTION OF THE PROPERTY (with Licensed Area Designated) [to be attached prior to execution] -6- EXHIBIT B INSURANCE REQUIREMENTS Licensee shall maintain insurance as shown in the attached insurance certificate. Any third party vendor used to provide services at the License Area shall provide evidence of coverage meeting the following requirements: 1. Commercial general liability insurance in the amount of at least $2,000,000.00 combined single limit and, if alcoholic beverages will be sold or consumed in the License Area, liquor liability coverage with a limit of not less than $1,000,000; 2. Statutory Workers’ Compensation Insurance to comply with applicable state laws, and at least $100,000/$500,000/$100,000 Employers Liability Insurance; -7- EXHIBIT C RULES AND REGULATIONS 1. All posted rules must be observed. 2. All City of Milton ordinances (as well as state and federal laws) must be observed. 3. Licensee shall not to make any alterations or additions to the Property, or place in, on or about the Property any signs, placards or other advertising media, banners, pennants, awnings, aerials, antennas, or similar items, without obtaining the prior written consent of Licensor. 4. Licensee shall not charge any visitor, customer or invitee a fee for parking near the License Area. 5. Licensee shall not close or obstruct the roadways, surface parking lots and any other structure on the Property or otherwise interfere with ingress to and egress from the Property, unless expressly approved in writing by Licensor. 6. All loading, unloading, setup and tear down shall take place within such times and at such places as shall be reasonably designated by Licensor. 7. All parking shall take place within such times and at such places as shall be reasonably designated by Licensor. 8. Licensee shall not generate any noises through the use of loudspeakers, sound amplifiers, radios, televisions, or phonographs without the prior written consent of Licensor . Licensee shall not engage in or allow any fighting or use physical force or abuse or obscene language towards any person or engage in any form of objectionable behavior, such as the making of loud noises or coarse or offensive utterances, gestures or displays, any of which causes or may cause public inconvenience or annoyance or alarm. No unlawful activities shall be permitted on the premises, nor shall gambling be permitted. 9. Licensor reserves the right to require the withdrawal from display of any item, object, person, printed matter of any other thing of any nature which in the opinion of Licensor might be detrimental to the appearance or reputation of the Property or the adjoining Development. SPONSORSHIP AGREEMENT This Sponsorship Agreement (known hereafter as the "Agreement”) is executed on this _____________________, 2019, between New Providence, LLC, a Georgia limited liability company, known hereafter as the "Sponsor" or the “Company,” and the City of Milton, a Georgia municipal corporation (“City”), and Crabapple Community Association, Inc., a Georgia nonprofit corporation (“CCA”), collectively referred to herein as the "Sponsee.” Terms of Agreement 1. City Obligations The City will give the Sponsor contribution for the following benefits at Crabapple Fest, known hereafter as “the festival ,” scheduled for October 5, 2019: • Company logo on panels on each side of the festival’s Game Day LED display • Company logo on all event banners • Prime booth space near Game Day LED display • Company logo displayed in all City-placed newspaper ads leading up to event • Company logo displayed on approx. 6,500+ emails distributed by the City • Company website link from event page on City’s website and tags on all City- administered social media platforms • Recognition in City press releases to all media contacts • Company logo will appear on back of staff t-shirts & directory for festival 2. Sponsor Obligations The Sponsor agrees to pay the amount of $2,500.00 made payable to the City and due on September 1, 2019. For the remaining $2,500.00 of the sponsorship value (totaling $5,000.00), Sponsor agrees to allow the City use of the portion of the road, Lecoma Trace, which is bordered to the north by Wishart Walk, to the south by Crabapple Road, and between 12660 Crabapple Rd. to the west, and 12670 Crabapple Rd. to the east, for the duration of festival setup and tear down. The parties hereto agree to enter into a Temporary License Agreement containing the terms and conditions of the City’s use of such property. 3. Sponsor Trademarks and Materials Subject to the terms and conditions of this Agreement, the Sponsor grants the City the right to use the Sponsor's trade names, logo designs, trademarks, and company descriptions as provided in Sponsor marketing materials. These assets may be used in any medium of advertising, promotional products, or marketing materials distributed solely in connection with Crabapple Fest. The City agrees to use materials according to Sponsor's trademark usage guidelines. The Sponsor agrees to offer the following materials for marketing and promotional purposes: • Electronic versions of trade names, logo designs, trademarks, and company descriptions as desired and as requested by the City. 4. Indemnity By agreeing to be a participant at the 2019 Crabapple Fest, Sponsor assumes all responsibility for, and risks and hazards of, participation in the activity planned. In consideration of the City and the Crabapple Community Association providing permission to use the space requested, Sponsor, for itself and any members of its group, does hereby release the City and CCA, including all officials, officers, employees, sponsors, organizers, supervisors, volunteers, participants and agents (collectively the “released parties”), of any and all claims, demands and causes of action of whatever kind and nature, to include any and all bodily or personal injuries, damage to property, and any other damages or injuries, whether foreseen or unforeseen, resulting from or related to participation in the event planned by the City and the Crabapple Community Association. The Sponsor, for itself and all members of its group, also agrees to defend, indemnify and hold harmless the released parties from all claims for bodily and personal injuries, damage to property, and the consequences thereof arising out of the Sponsor’s or its group’s joint or several negligence or willful conduct, to include that of its owners, members, managers, employees, agents, servants or workmen. 5. Miscellaneous 5.1 This Agreement will supersede any or all prior oral or written forms of understanding between the Sponsor and City regarding this same subject matter. This Agreement may not be amended or modified unless such amendment or modification is in writing and signed by both parties hereto. 5.2 This Agreement shall be governed by and executed in accordance with the laws of the State of Georgia applicable to agreements made and to be performed entirely within this state. In witness whereof, the City, CCA and Company hereby agree to enter into this Agreement on the day and year first written above by affixing their respective signatures below. SPONSOR/COMPANY: NEW PROVIDENCE, LLC, a Georgia Limited Liability Company By: ______________________________ Print Name: ______________________ Title: Manager/Authorized Member SPONSEE: Attest: ________________________________ (AFFIX CITY SEAL) CITY: CITY OF MILTON, GA By: ____________________________ Joe Lockwood, Mayor Approved as to Form: By: ____________________________ City Attorney Signatures continue on following page. SPONSEE (continued): (AFFIX CORPORATE SEAL) CCA: CRABAPPLE COMMUNITY ASSOCIATION, INC., a Georgia Non- Profit Corporation By: ________________________________ Print Name: ________________________ Title: _______________________________ By: ________________________________ Print Name: ________________________ Title: _______________________________ MILTON ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: September 5, 2019 FROM: Steven Krokoff, City Manager AGENDA ITEM: Approval of a Contract Assignment Agreement between Integrity Supervision Services, LLC and Professional Probation Services, Inc. MEETING DATE: Monday, September 9, 2019 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: (.1KYES (J NO CITY ATTORNEY REVIEW REQUIRED: (41YES (J NO APPROVAL BY CITY ATTORNEY: (/APPROVED (J NOT APPROVED PLACED ON AGENDA FOR: may' CiI241cr 2006 Heritage Walk Milton, GA P: 678.242.2500 1 F: 678.242.2499 info9cityofmiltonga.u5 I www.cityofmiltonga.u5 0000 To: Honorable Mayor and City Council Members From: Brooke Lappin, Clerk of Court Date: Submitted on September 5, 2019 for the September 9, 2019 Consent Agenda. Agenda Item: Approval of a Contract Assignment Agreement between Integrity Supervision Services, LLC and Professional Probation Services, Inc. _____________________________________________________________________________________ Department Recommendation: Approve the Contract assignment agreement between Integrity Supervision Services and Professional Probation Services. Executive Summary: Integrity Supervision Services has been purchased by Professional Probation Services. They will continue to provide the same services and staffing to the Municipal Court that was outlined in the contract that will expire on December 17, 2022. Funding and Fiscal Impact: This will not have a fiscal impact on the Municipal Court. Alternatives: N/A Legal Review: (Sam P. VanVolkenburgh), Jarrard & Davis (August 6, 2019) Concurrent Review: Steve Krokoff, City Manager Attachment(s): Contract assignment agreement CONTRACT ASSIGNMENT AGREEMENT State of Georgia This Assignment Agreement (the "Agreement) is entered into by and between INTEGRITY SUPERVISION SERVICES, LLC (the "Assignor"), having their principal address located at 7740 Roswell Road, Suite 100, Sandy Springs, GA 30350, and PROFESSIONAL PROBATION SERVICES, INC. (the "Assignee"), having their principal address located at 1770 Indian Trail Road, Suite 350, Norcross, GA 30093, both of whom agree to be bound by this Agreement, in consideration of the mutual covenants herein contained and other good and valuable consideration, the sufficiency of which is hereby acknowledged, witnesseth: WHEREAS, Assignor entered into a Contract, included as an attachment to this Agreem ent, with THE CITY OF MILTON, GEORGIA (the "Obligor"), referred to hereinafter as "Contract with THE CITY OF MILTON, GEORGIA"; WHEREAS, the Contract with THE CITY OF MILTON, GEORGIA has an original expiration date of December 17, 2022 as may be extended as permitted therein; WHEREAS, the Contract with THE CITY OF MILTON, GEORGIA contains the following provision: “Assignment. The Court has entered into this Agreement in part on the basis of personal reliance in the integrity and qualifications of the staff of Contractor. Contractor may not delegate, assign or subcontract any obligation of the Contractor’s performance under the Agreement and may not assign any right under this Agreement, in either case without the Court’s written approval. The Court’s discretion in this regard will not be unreasonably withheld.” WHEREAS, Assignor wishes to assign all of their rights and obligat ions under the Contract with THE CITY OF MILTON, GEORGIA to Assignee; and NOW THEREFORE, Assignor and Assignee agree to the following: I. Assignor and Assignee hereby agree that the Assignor shall assign all their rights, titles, and interests, and delegate all of their obligations, responsibilities, and duties, in and to the Contract with THE CITY OF MILTON, GEORGIA, to Assignee. II. Assignee hereby accepts the assignment of all of Assignors obligations, responsibilities, and duties under the Contract and all of Assignors rights, titles, and interests in and to the Contract with THE CITY OF MILTON, GEORGIA. III. Notwithstanding the foregoing, Assignor agrees to defend and indemnify the Obligor from any and all claims, actions, judgments, liabilities, proceedings, and costs, including reasonable attorney's fees and other costs of defense and damages, resulting from Assignors performance prior to the assignment of the contract and resulting from Assignees performance after the assignment of the Contract with THE CITY OF MILTON, GEORGIA, provided, however, that after the assignment of the Contract with THE CITY OF MILTON, GEORGIA, the Obligor shall first look to Assignee to satisfy all claims, actions, judgments, liabilities, proceedings, and costs, including reasonable attorney’s fees and other costs of defense and damages resulting from Assignee's performance. IV. Assignee agrees to indemnify the Obligor from any and all claims, actions, judgments, liabilities, proceedings, and costs, including reasonable attorney's fees, and other costs of defense and damages, resulting from Assignee's performance after the assignment of the Contract with THE CITY OF MILTON, GEORGIA. V. No modification of this Agreement shall be valid unless in writing and agreed upon by all relevant Parties. VI. In the event any provision of this Agreement is held to invalid, illegal, or unenforceable for any reason, then the Parties agree that such provision shall be deemed to be struck and the remainder of the Agreement shall be enforced as if the struck provision were never included in the Agreement. VII. This Agreement is governed by the laws of the State of Georgia and both Parties expressly consent to jurisdiction in such courts. IN WITNESS WHEREOF, the Parties execute the Agreement as follows: [SIGNATURES ON FOLLOWING PAGE] ASSIGNOR: ______________________________________________ INTEGRITY SUPERVISION SERVICES, LLC ______________________________________________ Date ASSIGNEE: ______________________________________________ PROFESSIONAL PROBATION SERVICES, INC. ______________________________________________ Date OBLIGOR: ______________________________________________ THE CITY OF MILTON, GEORGIA ______________________________________________ Date City Attorney Approval as to Form: __________________________ TO: FROM: MILTON% ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM City Council DATE: September 5, 2019 Steven Krokoff, City Manager AGENDA ITEM: Approval of a Professional Services Agreement between the City of Milton and Tunnell, Spangler & Associates, Inc. to Research and Develop an Ordinance to Create an Equestrian/Agricultural Friendly Land Use Practices. MEETING DATE: Monday, September 9, 2019 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (j,"APPROVED (J NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: ((4YES () NO CITY ATTORNEY REVIEW REQUIRED: (,),"YES () NO APPROVAL BY CITY ATTORNEY: (APPROVED () NOT APPROVED PLACED ON AGENDA FOR: x,10 12wi 2006 Heritage Walk Milton, GA P: 678.242.2500 1 F: 678.242.2499 info9dtyofmiltonga.us I www.cityofmiltonga.us 0000 To: Honorable Mayor and City Council Members From: Parag Agrawal, Director of Community Development Date: Submitted on August 26, 2019 for the September 9, 2019 Regular City Council Meeting Agenda Item: Approval of a Professional Services Agreement between the City of Milton and Tunnell, Spangler & Associates, Inc. to Research and Develop an Ordinance to Create an Equestrian/Agricultural Friendly Land Use Practices Department Recommendation: Approval. Executive Summary: Equestrian/Agricultural Friendly Overlay - The goal of this project is to strengthen Milton’s equestrian and agricultural character through long range planning and land use practices. The study will explore various options to update the city's zoning code to make it more conducive for our citizens who practice this land use. The consultant will seek community input through stakeholder sessions and will work collaboratively with the Equestrian Committee. Based on the assessment and public input, the consultant will develop an ordinance to create a possible new zoning district, overlay, or use-permit. Procurement Summary: Purchasing method used: Professional Services Account Number: 300-7410-521200000 Requisition Total: $35,000 Financial Review: Bernadette Harvill, August 26, 2019 Legal Review: Sam VanVolkenburgh (Jarrard and Davis), August 22, 2019 Concurrent Review: Steven Krokoff, City Manager Attachment: Professional Services Agreement M I L i u i�. ESTABLISHED 2006 PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT is made and entered into this day of , 20 (the "Effective Date"), by and between the CITY OF MILTON, GEORGIA, a municipal corporation of the State of Georgia, acting by and through its governing authority, the Mayor and City Council (hereinafter referred to as the "City"), and Tunnell, Spangler & Associates, Inc., a Georgia corporation, (herein after referred to as the "Consultant"), collectively referred to herein as the "Parties." WITNESSETH: WHEREAS, City desires to retain Consultant to provide certain services in the completion of a Project (defined below); and WHEREAS, City finds that specialized knowledge, skills, and training are necessary to perform the Work (defined below) contemplated under this Agreement; and WHEREAS, Consultant has represented that it is qualified by training and experience to perform the Work; and WHEREAS, Consultant desires to perform the Work as set forth in this Agreement under the terms and conditions provided in this Agreement; and WHEREAS, the public interest will be served by this Agreement; and WHEREAS, Consultant has familiarized itself with the nature and extent of the Agreement, the Project, and the Work, and with all local conditions and federal, state and local laws, ordinances, rules and regulations that may in any manner affect cost, progress or performance of Work. NOW, THEREFORE, for and in consideration of the mutual promises, the public purposes, and the acknowledgements and agreements contained herein, and other good and adequate consideration, the sufficiency of which is hereby acknowledged, the Parties do mutually agree as follows: I. SCOPE OF SERVICES AND TERMINATION DATE A. Agreement. The Agreement shall consist of this Professional Services Agreement and each of the Exhibits hereto, which are incorporated herein by reference, including: Exhibit "A" — City Solicitation Documents Exhibit "B" — Consultant Response/Proposal Exhibit "C" — Scope of Work Exhibit "D" — Contractor Affidavit Exhibit "E" — Subcontractor Affidavit Exhibit "117" — Kev Personnel B. Project Description, The "Project" at issue in this Agreement is generally described as. provide consulting services that will produce assessments and ordinance to adopt equestrian zoning in Milton. C� C. The Work. The Work to be completed under this Agreement (the "Work") includes, but shall not be limited to, the work described in the Scope of Work provided in Exhibit "C", attached hereto and incorporated herein by reference. Unless otherwise stated in Exhibit "C'", the Work includes all material, labor, insurance, tools, equipment, machinery, water, haat, 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 serviecs or are, otherwise necessary for proper completion of the Work. D. Schedule. COInDletion Date, and Term of Agreement. Consultant understands that time is of the essence of this Agreement and warrants and represents that it will perfon-n the Work in a prompt and timely manner, which shall not impose delays on the progress of the Work. The term of this Agreement ("Terni'") shall commence as of the Effective Date, and the Work shall be completed, and the Agreement shall terminate, on or before sixteen (16) weeks from the notice to proceed (provided that certain obligations will survive termination/expiration of this Agreement). Work shall progress along the timeframe outlined in the Scope of Work, If the Term of this Agreement is longer than one year, the Parties agree that this Agreement, as required by O.C.G.A. § 36-60-135 shall terminate absolutely and without further obligation on the part of City on December 31 each calendar year of the Tenn, and further, that this Agreement shall automatically renew on January I of each subsequent calendar year absent City's provision of written notice of non -renewal to Consultant at least five (5) days prior to the end of the then current calendar year. Title to any supplies, materials, equipment, or other personal property shall remain in Consultant until fully paid for by City. 11111�mce�l A. Change Order Defined. A "Change Order" means a written modification of the Agreement, signed by representatives of City and Consultant with appropriate authorization. B. Right to Or Chanes. City reserves the right to order changes in the Work to be performed under this Agreement by altering, adding to, or deducting, from the Work. All such changes shall be incorporated in written Change Orders and executed by Consultant and City. Such Change Orders shall specify the changes ordered and any necessary adjustment of compensation and complction time. if the Parties cannot reach an agreement on the terms for performing the changed work within a reasonable time to avoid delay or other unfavorable impacts as determined by City in its sole discretion. City shall have the right to detennine reasonable terms, and Consultant shalt proceed with the changed work. N B. Chhajigre Order )requirement. Any work added to the scope of this Agreement by a Change Order shalt be executed under all the applicable conditions of this Agreement. No claim for additional compensation or extension of time shall be recognized, unless contained in a written Change Order duly executed on behalf of City and Consultant, a C. AuthorLty to Execute Change Order. The City Manager has authority to execute, without further action Of the Mayor or City Council, any number of Change Orders so long as their total effect does not materially alter the tern -is of this Agreement or materially increase the Maximum Contract Price, as set forth in Section III(B) below. Any such Change Orders materially altering the terms of this Agreement, or any Change Order affecting the price where the Maximum Contract Price (as, amended) is in excess of $50,000, must be approved by resolution of the Mayor and City Council. Amendments shall not result in a variance in price exceeding ten percent of the original contract amount. A. Payment Terms. City agrees to pay Consultant for the Work- perlbrined and costs incurred by Consultant upon certification by City that the Work was actually performed and costs actually incurred in accordance with the Agreement. Compensation for Work performed and, if applicable, reimbursement for costs incurred shall be paid to Consultant upon City's receipt and approval of invoices, setting forth in detail the services performed and costs incurred, along with all supporting documents requested by City to process the invoice. Invoices shall be submitted on a monthly basis. Any material deviations in tests or inspections performed, or times or locations required to complete such tests or inspections, and like deviations from the Work described in this Agreement shall be clearly communicated to City bqfbre charges are incurred and shall be handled through Change Orders as described in Section It above. City shall pay Consultant within thirty (30) days after approval of the invoice by City staff. B. Maximum Contract Price. The total amount paid under this Agreement as compensation for Work performed and reimbursement for costs incurred shall not, in any case, exceed $35,000.00 (the "Maximum Contract Price"), except as outlined in Section II(C) above, and Consultant represents that this amount is sufficient to perform all of the Work set forth in and contemplated by this Agreement. The compensation for Work performed shall be based upon a flat ree, C. Reimbursement for Costs. The Maximum Contract Price set forth in Section III(B) above includes all costs, direct and indirect, needed to perform the Work and complete the Prqjcct, and reimbursement for costs incurred shall be limited as follows: There shall be no reimbursement for costs, IV. COVENANTS OF CONSULTANT A. E xPertise, of Consultant, Licenses, Certification and Permits. Consultant accepts the relationship of trust and confidence established between it and City,, recognizing that City's intention and purpose in entering into this Agreement is to engage an entity with the requisite capacity, experience, and professional skill and judgment to provide the Work in pursuit of the timely and competent completion of the Work undertaken by Consultant under this Agreement. Consultant shall employ only persons duly qualified in the appropriate area of expertise to perform the Work described in this Agreement. Consultant covenants and declares that it has obtained all diplomas, certificates, licenses, permits or the like required or Consultant by any and all national, state, regional, county, or local boards, agencies, co in iniss ions, committees or other regulatory bodies in order to perform the Work contracted for under this Agreement. Further, Consultant agrees that it will perform all Work in accordance with the standard of care and quality ordinarily expected of competent professionals and in compliance with all federal, state, and local laws, regulations, codes, ordinances, or orders applicable to the Project. including. but not limited to, any applicable records retention requirements and Georgia's Open Records Act (O.C.G.A. § 50-18-71, el.aero.). Any additional work or costs incurred as a result of error and/or omission by Consultant as a result of not meeting the applicable standard of care or quality will be provided by Consultant at no additional cost to City. This provision shall survive termination of this Agreement, B. Budgetary Limitations. Consultant agrees and acknowledges that budgetary limitations are not a justification for breach of sound principals of Consultant's profession and industry. Consultant shall take no calculated risk in the performance of the Work. Specifically, Consultant agrees that, in the event it cannot perform the Work within the budgetary limitations established without disregarding sound principles of Consultant's profession and industry, Consultant will give written notice immediately to City. C. Cih,'s Reliance on the Work. Consultant acknowledges and agrees that City does not undertake to approve or pass upon matters of expertise of Consultant and that, therefore, City bears no responsibility for Consultant's Work, performed under this Agreement. Consultant acknowledges and agrees that the acceptance of Work by City is limited to the function of determining whether there has been compliance with what is required to be produced under this Agreement. City will not, and need not, inquire into adequacy, fitness, suitability or correctness of Consultant's perforinance. Consultant further agrees that no approval of designs, plans, specifications or other work product by any person, body or agency shall relieve Consultant ofthe responsibility for adequacy, fitness, suitability, and correctness of Consultant's Work under professional and industry standards, or for performing services under this Agreement in accordance with sound and accepted professional and industry principles. D. Consultant's Reliance on Submissions by City. Consultant must have timely information and input from City in order to perform the Work required under this Agreement. Consultant is entitled to rely upon information provided by City. but Consultant shall provide immediate written notice to City if Consultant knows or reasonably should know that any information provided by City is erroneous, inconsistent, or otherwise problematic. E. Consultant's Renresentative. Caleb Racicot shall be authorized to act on Consultant's behalf with respect to the Work as Consultant's designated representative, provided that this designation shalt not relieve either Party of any written notice requirements set forth elsewhere in this Agreement. 4 F. Assignment of Agreement. Consultant covenants and agrees not to assign or transfer any interest in, or delegate any duties of this Agreement, without the prior express written consent of City. As to any approved subcontractors, Consultant shall be solely responsible for reimbursing them, and City shall have no obligation to them. G. Responsibility of Consultant and Indemnification of Cily. 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 tartiOUs 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 indemnity obligation shall not be construed to negate, abridge, or otherwise reduce any other right or obligation of indemnity which would otherwise exist as to any party or person described in this provision. In any and all claims against an Indemnified Party, by any employee of Consultant, its subcontractor, anyone directly or indirectly employed by Consultant or subcontractor or anyone for whose acts Consultant or subcontractor may be liable, the indemnification obligation set forth in this provision shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for Consultant or any subcontractor tinder workxr5' or workrricn3 corripciisation acts, disability bcricfic acts or other employee benefit acts. This obligation to indemnify, defend, and hold harmless the Indemnified Party(ics) shall survive expiration or termination or this Agreement, provided that the Claims are based upon or arise out of actions or omissions that occurred during the performance of this :agreement. H. Independent Contractor. Consultant hereby covenants and declares that it is engaged in an independent business and agrees to perform the Work as an independent contractor and not as the agent or employee of City. Nothing in this Agreement shall be construed to make Consultant or any of its employees, servants, or subcontractors, an employee, servant or agent of City for any purpose. Consultant agrees to be solely responsible for its, own matters relating to the time and place the Work is performed and the method used to perform such Work; the instrumentalities, tools, supplies and/or materials necessary to complete the Work-, hiring of consultants, agents or employees to complete the Work; and the payment of employees, including benefits and compliance with Social Security, withholding and all other regulations governing such matters. Consultant agrees to be solely responsible for its own acts and those of its subordinates, employees, and subcontractors during the life of this Agreement, There shall be no contractual relationship bet,,&-een any subcontractor or supplier and City by virtue of this Agreement with Consultant. Any provisions of this Agreement that may appear to give City the right to direct Consultant as to the details of the services to be performed by Consultant or to exercise a measure of control over such services will be deemed to mean that Consultant shall follow the directions of City with regard to the results of such services only. It is further understood that this Agreement is not exclusive, and City may hire additional entities to perform the Work related to this Agreement. C, Inasmuch as City and Consultant are independent of each 0. ther, 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 othet-twise expressly agreed to in writing signed by both Pat -ties hereto. Consultant agrees not to represent itself as City's agent for any purpose to any party or to allover any employee of Consultant to do so, unless specifically authorized, in advance and in waiting, 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 Nvritten consent of City. I. Insurance. (1) Requirements: Consultant shall have and maintain in full force and effect for the duration of this Ngreement, insurance insuring against claims for injuries to persons or 6aniages to property which may arise from or in connection with the performance of the Work by Consultant, its agents, representatives, employees or subcontractors. All policies shall be subject to approval by City as to form and content. These requirements are subject to amendment or waiver if so approved in writing by the City Manager. (2) Minimum Limits of Insurance: Consultant shall maintain the following insurance policies with coverage and limits no less than: C, (4) Commercial Gcncral Liability coverage of at least 51,000,©00 (one million dollars) combined single limit per occurrence and $2,000,000 (two million dollars) aggregate for comprehensive coverage including for bodily and personal ir�jury, sickness., disease or death, injury to or destruction of property, inclUding loss of use resulting therefrom. (b) Commercial Automobile Liability (owned. non -owned, hired) coverage of at least $1,000,000 (one million dollars) combined single limit per occurrence for comprehensive coverage including bodily and personal injury, sickness, disease or death, injury to or destruction of property, including loss of use resulting therefrom, (c) Professional Liability of at least $1.000,000 (one million dollars) 6 limit fir claims arising out of professional services and caused by Consultant's errors, omissions, or negligent acts. (d) Workers' Compensation limits as required by the State of Georgia and Employers' Liability limits of $1,000.000 (one million dollars) per occurrence or disease. (If Consultant is a sole proprietor, who is otherwise not entitled to coverage under Georgia's Workers' Compensation Act, Consultant must secure Workers' Compensation coverage approved by both the State Board of Workers' Compensation and the Commissioner of Insurance. The amount of such coverage shall be the same as what is Otheiivisc required of employers entitled to coverage under the Georgia Workers' Compensation Act. Further, Consultant shall provide a certificate of insurance indicating that such coverage has been secured and that no individual has been excluded from coverage.) (e) Commercial Umbrella Liability Coverage: $--N/A-per occurrence shall be provided and will apply over all liability policies, without exception, including taut not limited to Commercial General Liability, Commercial Automobile Liability, Employers' Liability, and Professional Liability. (3) Deductibles and Self -Insured Retention$: Any deductibles or self-insured retentions must be declared to and approved by City in writing so that City may ensure the financial solvency of Consultant; self-insured retentions should be included on the certificate of insurance. K) Other Insurance provisions: Each policy shall contain, or be endorsed to contain, the following provisions respectively: (a) General Liability- Automobile Liability and if applicable) -Umbrella LiabilLtyLc -ryerapac. M Additional Insured Requirement. City and City's elected and appointed officials, officers, boards, commissioners, employees, representatives, consultants, servants, agents and volunteers (individually "Insured Party" and collectively "Insured Parties") shall be named as additional insureds as respects: liability arising out of activities performed by or on behalf of Consultant; products and completed operations of Consultant; premises owned, leased, or used by Consultant; automobiles owned, leased, hired, or borrowed by Consultant. The coverage shall contain no special limitations on the scope of protection afforded to the Insured Parties. Nothing contained in this section shall be construed to 7 require the Consultant to provide liability insurance coverage to amy Insured Party for claims asserted against such Insured Party for its sole negligence. (ii) Primary Insurance Requirement Consultant's insurance coverage shall be primary noncontributing insurance as respects to any other insurance or self-insurance available to the Insured Parties. Any insurance or sell' -insurance maintained by the Insured Parties shall be in excess of Consultant's insurance and shall not contribute with it. (iii) Reporting Requirement. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the Insured Parties. (iv) Separate Coverage. Coverage shall state that Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to limits of insurance provided. (v) Defense Costs/Cross Liability. Coverage shall be provided on a "pay on behalf" basis,, with defense costs payable in addition to policy limits. There shall be no cross liability exclusion. (vi) Subrogation. The insurer shall agree to waive all rights of subrogation against the Insured Parties for losses arising frorn Work perfortned by Consultant for City. (b) Workers' Co ensation Coverage. The insurer providing Workers' Compensation Coverage will agree to waive all rights of subrogation against the Insured Parties for losses arising from Work performed by Consultant for City. (c) All Coycragga. (i) Notice Requirement. Each insurance policy required by this Agreement shall be endorsed to state that coverage shall not be suspended, voided, car canceled except after thirty (.3 Q) calendar days prior written notice (or 10 calendar days if due to non-payment) has been given to City. City reserves, the right to accept alternate notice terms and provisions, provided they meet the minimum requirements under Georgia law. Georgia (ii) Starting and Ending Dates, Policies shall have concur -rent starting and ending dates, (iii) Incorporation of Indemnification Obliclations. Policies shall include an endorsement incorporating the indemnification Z:� obligations assumed by Consultant under the terms of this Agreement, including but not limited to Section IV(G) of this Agreement. (5) Accel2tabilitv of Insurers: The insurance to be maintained by Consultant must be issued by a company licensed or approved by the Insurance Commissioner to transact business in the State of Georgia, Such insurance policies shall be placed with insurer(s) with an AM, Best Policyholder's rate of no less than "A-" and with a financial rating of Class VII or greater. The Consultant shall be responsible for any delay resulting from thefailure of its insurer to provide proof of coverage in the proscribed form. (6) Verification of Coverage: Consultant shall ftimish to City for City approval certificates of insurance and endorsements to the Policies evidencing all coverage required by this Agreement prior to the start of work-, Without limiting the general scope of this requirement, Consultant is specifically required to provide an endorsement naming City as an additional insured when required, The certificates of insurance and endorsements for each insurance policy are to be on a form utilized by Consultant's insurer in its normal course of business and are to be signed by a person authorized by that insurer to bind coverage on its behalf, unless alternate sufficient evidence of their validity and incorporation into the policy is provided, City reserves the rilght to require complete, certified copies of all required insurance policies at any time, Consultant shall provide proof that any expiring coverage has been renewed or replaced prior to the expiration of the coverage. (7) Subcontractors: Consultant shall either (1) ensure that its insurance policies (as described herein) cover all subcontractors and the Work performed by such subcontractors or (2) ensure that any subcontractor secures separate policies covering that subcontractor and its Work. All coverage for subcontractors shall be subject to all of the requirements stated in this Agreement, including, but not limited to, nanning the Insured Parties as additional insureds, (8) Claims -Made Policies: Consultant shall extend any claims -made insurance policy for at least six (6) years after termination or final payment under the Agreement. whichever is later. and have an effective date which is on or prior to the Effective Date. (9) Cite as Additional lnsuaed and boss Pavcc City shall be named as an additional insured and loss payee on all policies required by this Agreement, 9 except City need not be named as an additional insured and loss payee on any Professional Liability policy or Workers' Compensation policy. (10) Progress Pa_yments: The making of progress payments to Consultant shall not be construed as relieving Consultant or its subcontractors or insurance carriers frorn providing the coverage required in this Agreement. J. Employment of Unauthorized Aliens Prohibited—E-Verify Affidavit. Pursuant to O.C.G.A. § 13-10-91, City shall not enter into a contract for the physical performance of services unless: (1) Consultant shall provide evidence on City -provided forms, attached hereto as Exhibits I'D" and "E" (affidavits regarding compliance with the E - Verify program to be swam 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-Vcrif�, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.GA. § 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 afTidavit 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 "W', and submitted such affidavit to City or provided City Nvith 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. § 133-10-91 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 Role 300-10-l-,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. If a subcontractor affidavit is obtained, Consultant agrees to provide a completed copy to City within five (5) business days oCreceipt 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 L, 10 Consultant's subcontractors' verification process at any time to determine that (lie verification was correct and complete. Consultant and Consultant's subcontractors shall retain all docurnents 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 hisiher designee may report same to the Department of Homeland Security. Consultant's failure to cooperate with the investigation may be, sanctioned by termination of the Agreement, and Consultant shall be liable for all damages and delays occasioned by City thereby. Consultant agrees that the employee -number category designated below is applicable to Consultant. [Information only required if a contractor affidavit is required pursuant to O.C.G,A, § 13-10-91.] 500 or more employees, 100 or more employees. _X_ Fewer than 100 employees. Consultant hereby agrees that, in the event Consultant employs or contracts with any subcontractor(s) in connection with this Agreement and where the subcontractor is required to provide an affidavit pursuant to O.C.G,A, § 13-10-91, Consultant will secure from the subcontractor(s) such subcontractor(s') indication of the above employee -number category that is applicable to the subcontractor. The above requirements shall be in addition to the requirements of state and federal law, and shall be construed to be in conformity with those laws. K. Records, Re j2_orts and Audits. (1) Records: (a) Books, records, documents, account letters, data bases, and similar materials relating, to the Work performed for City under this Agreement ("Records") shall be established and maintained by Consultant in accordance with applicable law and requirements prescribed by City with respect to all matters covered by this Agreement, Except as otherwise authorized or required, such Records shall be maintained for at least three (3) years fi-oin the date that final payment is made to Consultant by City under this Agreement. Furthermore. Records that are the subject of audit ll findings shall be retained for three (3) years or until such audit findings have been resolved, w-hichever is later. (b) All costs claimed or anticipated to be incurred in the performance of this Agreement shall be supported by properly executed payrolls. time, records, invoices, contracts, or vouchers, or other official documentation evidencing in proper detail the nature and propriety of the charges. All checks, payrolls, invoices, contracts, vouchers, orders or other accounting documents pertaining in whole or in part to this Agreement shall be clearly identified and readily accessible. (2) Reports and Information: Upon request, Consultant shall furnish to City any and all Records in the form requested by City. All Records provided electronically must be in a format compatible with City's computer systems and software, (3) Audit; and InsnectiLms: At any time during normal business hours and as often as City may deem necessary, Consultant shall make available to City or City's representative(s) for examination all Records. Consultant will permit City or City's representative(s) to audit, examine, and make excerpts or transcripts from such Records. Consultant shall provide proper facilities for City or City's reprcsciitative(s) to access and inspect the Records, or., at the request of City, shall make the Records available for inspection at City's office, Further, Consultant shall permit City or City's representative(s) to observe mid inspect any or all of Consultant's facilities and activities during normal hours of business for the purpose of evaluating Consultant's compliance with the terms of this Agreement. In such instances, City or City's representative(s) shall not interfere with or disrupt such activities. L. Ethics Code; Conflict of Interest.. Consultant agrees that it shall not engage in any activity or conduct that would result in a violation of the City of Milton Code of Ethics or any Other similar law or regulation. Consultant certifies that to the best of its knowledge no circuirisiancesexist which will cause a conflict of interest in perforining the Work. Should Consultant become aware of any circumstances that may cause a conflict of interest daring the Term of this Agreement, Consultant shall immediately notify City. If City determines that a conflict of interest e,\ists, 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 set -vices rendered by Consultant when such services ,vcre 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 ai-iy 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 12 of any specific4tion 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 subs consultant, or any person associated therewith, as an inducement for the award of a subcontract or order. M. Confidentialitv. Consultant acknowledges that it may receive confidential information of City and that it will protect the confidentiality of any such confidential information and will require any of its subcontractors, consultants, and/or staff to likewise protect such confidential information. Consultant agrees that confidential information it learns or receives or such reports, information, opinions or conclusions that Consultant creates under this Agreement shall not be made available to, or discussed with, any individual or organization, including the news media, without prior written approval of City. Consultant shall exercise reasonable precautions to prevent the unauthorized disclosure and use of City information whether specifically deemed confidential or not. Consultant acknowledges that City's disclosure of documentation is governed by Georgia's Open Records Act. and Consultant further acknowledges that if Consultant submits records containing trade secret information, and if Consultant wishes to keep such records confidential, Consultant must submitand attach to such records an affidavit affirmatively declaring that specific 7 information in the records constitutes trade secrets pursuant to Article 27 of Chapter I of itle 10, and the Parties shall follow the requirements of O.C-G.A. § 50-18-72(a)(34) related thereto, N. Kei ft-n.-onnel. All of the individuals identified in Exhibit 'T", attached hereto, are necessary for the successful completion of the Work due to their unique expertise and depth and breadth of experience. There shall be no change in Consultant's Project Manager or members of the Project team, as listed in Exhibit 'T", without written approval of City. Consultant recognizes that the composition of this team was instrumental in City's decision to award the Work to Consultant and that compelling reasons for substituting these individuals must be demonstrated for City"s consent to be granted. Any substitutes shall be persons of comparable or superior expertise and experience. Failure to comply with the provisions of this paragraph shall constitute a material breach of Consultant's obligations under this Agreement and shall be grounds for termination. 0. Mectin-gs. Consultant is required to meet with City's personnel, or designated representatives, to resolve technical or contractual problems that may occur during the Term of this Agreement at no additional cost to City. Meetings will occur as problems arise and will be coordinated by City. City shall inform Consultant's Representative of the need for a meeting and ofthe date, time and location of the meeting at least three (3) full business days prior to the date of the meeting. Face-to-face meetings are desired. However, at Consultant's option and expense, a conference call meeting may be substituted. Consistent failure to participate in problem resolution meetings, two consecutive missed or rescheduled meetings. or failure to make a good faith effort to resolve problems, may result in termination of this Agreement for cause. 13 P. Authority to Contract. Tile 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 simu[tancously execute and bind Consultant to the terms of this Agreement, if applicable. Q. Ownership of Work. All reports, designs, drawings, plans, specifications, schedules, work product and other materials, including, but not limited to, those in electronic form, prepared or in the process of being prepared for the Work to be performed by Consultant ("Materials") shall be the property of City, and City shall be entitled to full access and copies of all Materials in the form prescribed by City. Any Materials remaining in the hands of Consultant or subcontractor upon completion or termination of the Work shall be delivered immediately to City whether or not the Project or Work is commenced or completed; provided, however, that Consultant may retain a copy of any deliverables for its records. Consultant assumes all risk of loss, damage or destruction of or to Materials. If any Materials are lost, damaged or destroyed before final delivery to City, Consultant shall replace them at its own expense. Any and all copyrightable sukiect matter in all Materials is hereby assigned to City, and Consultant agrees to execute any additional documents that may be necessary to evidence such assignment. R. Nondiscrimination. In accordance with Title VI of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000d, section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6102, section 202 of the Americans with Disabilities Act of 1990, 42 U.S.C. § 12132, and all other provisions of Federal law, Consultant agrees that, during performance of this Agreement, Consultant, for itself, its assignees and successors in interest, will not discriminate against any employee or applicant for employment, any subcontractor, or any supplier because of race, color, creed, national origin, 0 , 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. S. Consultants Assisting with Procurement. As required by O.C.GA. § 36-80-28, if the Agreement requires the Consultant to prepare, develop, or draft Specifications or requirements for a solicitation (including bids, requests for proposals, procurement orders, or purchase orders) or to serve in a consultative, role during a bid or proposal evaluation or negotiation process: (a) the Consultant shall avoid any appearance of impropriety and shall follow all ethics and conflict-of-interest policies and procedures of the City; (b) the Consultant shall immediately disclose to the City any material transaction or relationship, including, but not limited to, that of the Consultant, the Consultant's employees, or the Consultant's agents or subsidiaries, that reasonably could be expected to give rise to a conflict of interest, including, 110 t-- ng, but t limited to, past, present. or known prospective engagements, involvement in litigation or other dispute, client relationships, or other business or financial interest, and shall immediately disclose any material transaction or relationship subsequently discovered during the pendency of the Agreement; and (c) the Consultant agrees and acknowledges that any violation or threatened violation of this paragraph may cause irreparable injury to the City, entitling the City to seek injunctive relief in addition to all other legal remedies. �W.,10,161LOJXX M— Im A. Right of Enti-y. City shall provide for right of entry for Consultant and all necessary equipment as required for Consultant to complete the Work; provided that Consultant shall not unreasonably encumber the Project site(s) with materials or equipment. B. City's Representative. shall be authorized to act on City's behalf with respect to the Work as City"s designated representative on this Project; provided that any changes to the Work or the teens of this Agreement inust be approved as provided in Section 11 above. Vt. TERMINATION A. For Convenience. City may terminate this Agreement for convenience at any time upon providing written notice thereof at least seven (7) calendar days in advance of the termination date. B. For Cause. Consultant shall have no right to terminate this Agreement prior to completion of the Work, except in the event of City's failure to pay Consultant within thirty (3)0) calendar days of Consultant providing City with notice of a delinquent payment and an opportunity to cure. In the event of Consultant's breach or default under this Agreement, City may terminate this Agreement for cause. City shall give Consultant at least seven (7) calendar days' written notice of its intent to terminate the Agreement for cause and the reasons therefor. If Consultant fails to cure the breach or default within that seven (7) day period, or otherwise remedy the breach or default to the reasonable satisfaction of City, then City may, at its election: (a) InNvritin,,, terminate the Agreement in whole or in part; (b) cure such default itself and charge Consultant for the costs of curing the default against any sums due orwhich become due to Consultant under this Agreement, - and/or (c) pursue any other remedy then available, at law or in equity, to City for such default. C. Statuto[y Termination. In compliance with O.C.G.A. § 3)Ca-cif}-1 3 ), this Agreement shall be deemed terminated as provided in 1(D) of this Agreement. Further, this Agreement shall terminate immediately and absolutely at such time as appropriated or otherwise unobligated funds are no longer available to satisfy the obligation of City. D. Paymepj Upon Termination. Upon termination, City shall provide for payment to Consultant for services rendered and, where authorized, expenses incurred prior to the termination date-, provided that, where this Agreement is terminated for cause, City may deduct from such payment any portion of the cost Jlar City to complete (or hire someone to complete) the Work, as determined at the time of termination, not otherwise covered by the remaining unpaid 2D Maximum Contract Price, E. Convcrsion to Termination for Convenience. If City terminates this Agreement for cause and it is later determined that City did not have grounds to do so, the termination will be converted to and treated as a termination for convenience under the terms of Section Vl(A) above, F. Reguirements Upon Termination. Upon termination, Consultant shall: (1) promptly discontinue all services, cancel as many outstanding obligations as possible, and not 15 incur any new obligations, unless the City directs otherwise; and (2) promptly deliver to City all data. drawings. reports, summaries, and such other information and materials as may have been generated or used by Consultant in perfon-ning this Agreement, whether completed or in process., in the form specified by city. G. Reservation of Rights and Remedies. The rights and remedies of City and Consultant provided in this Article are in addition to any other rights and remedies provided under this Agreement or at law or in equity. A. Entire Agreement. This Agreement, including any exhibits hereto, constitutes the complete agreement between the Parties and supersedes any and all other agreements, either oral or in writing, between the Parties with respect to the subject matter of this Agreement. No other agreement, statement or promise relating to the subject matter of this Agreement not contained in this Agreement shall be valid or binding. This Agreement may be modified or amended only by a written Change Order (as provided in Section 11 above) or other document signed by representatives of both Parties with appropriate authorization. B. Successors and Ascii ns. Subject to the provision of this Agreement regarding assignment, this Agreement shall be binding on the heirs, executors, administrators, successors and assigns of the respective Parties. C. Governina Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Georgia without regard to choice orlaw 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 Gcorgia — Atlanta Division, and Consultant submits to the jurisdiction and venue of such court. D. Cantions and Severability., All headings herein are intended for convenience and ease of rcfcrc.ncc purposc;5 only and in no way dcfhic, limit or describe the scrape or into thereof ' or of this Agreement, or in any way affect this Agreement. Should any article(s) or section(s) of this Agreement, or any part thereof, later be deemed illegal, invalid or unenforceable by a court of competent jurisdiction, the offending portion of the Agreement should be severed, and the remainder of this Agreement shall remain in full force and effect to the extent possible as if this Agreement had been executed with the invalid portion hereof eliminated, it being the intention of the Parties that they would have executed the remaining portion of this Agreement without including any such part, parts, or portions that may for any reason be hereafter declared in valid. E. Business License. Prior to commencement of the 'Work to be provided hereunder, Consultant shall apply to City for a business license, pay the applicable business license fee, and maintain said business license during the Term of this Agreement. unless Consultant Provides evidence that no such license is required. a F. Notices. (1) Communications Relating to Day -to -Day Activities. All communications relating to the day-to-day activities of the Work shall be exchanged between City's Representative (named above) for City and Consultant's Representative (named above) for Consultant. (2) Officinal Notices. All other notices, requests, demands, writings, or correspondence, as required by this Agreement, shall be in writing and shall be deemed received, and shall be effective, when: (1) personally delivered, or (2) on the third day after the postmark data when mailed by certified mail, postage prepaid, return receipt requested, or (3) upon actual delivery when sent via national overnight commercial carrier to the Party at the address given below, or at a substitute address previously furnished to the other Party by written notice in accordance herewith. NOTICE TO CITY shall be sent to: Procurement Manager City of Milton, Georgia 2006 Heritage Walk Milton, Georgia 30004 NOTICE TO CONSULTANT shall be sent to: Tunnel], Spangler & Associates, Inc, Attn: Caleb Racicot, AICD 1447 Peachtree St NE, Ste 850 Atlanta, GA -30309 Q Waiver of nt. No failure by City to enforce any right or power granted under this Agreement, or to insist upon airWt cornpllancc by Cvn,5ultant with this Agreement, and no custom or practice of City at variance with the terms and conditions of this Agreement shall constitute a general waiver of any future breach or del'ault or affect City's right to demand exact and strict compliance by Consultant with the terms and conditions of this Agreen-iont. Further. no express waiver shall affect any Term or condition other than the one specified in Stich waiver, and that one only for the time and manner specifically stated. H. Survival. All sections of this Agreement which by their nature should Survive ten-nination will survive termination, including, without limitation, confidentiality obligations and insurance maintenance requirements. 1. 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 richt. 17 .1. Sovereign Immunity, Ratification, Nothing contained in this Agreement shall be construed to be a waiver of City's sovereign immunity or any individual's qualified, good faith or official immunities. Ratification of this Agreement by a majority of the Mayor and City Council shall authorize the Mayor to execute this Agreement on behalf of City. K. No Personal Liability. Nothing herein shall be construed as creating ary� individual or personal liability on the part of any of City's elected or appointed officials,, officers, boards, commissions, employees, representatives, consultants, servants, agents, attorneys or volunteers. No such individual shall be personally liable to Consultant or any successor in interest in the event of any default or breach by City or for any amount which may become due to Consultant or successor or on any obligation tinder the terins of this Agreement. Likewise, Consultant's performance of services under this Agreement shall not subject Consultant's individual employees, officers, or directors to any personal contractual liability, except where Consultant is a sole proprietor. The Parties agree that, except inhere Consultant is a sole proprietor, their sole and exclusive remedy, claim, demand or suit for contractual, liabitity shall be directed and/or asserted only against Consultant or City, respectively, and not against any elected or appointed official, officers, boards, commissions, employees, representatives, consultants, servants, agents, attorneys and volunteers. L. CountupArts; Agreement Construction and Interpretation. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, but all of which taken together shall constitute one and the same instrument. Consultant represents that it has reviewed and become familiar with this Agreement and has notified City of any discrepancies, conflicts or errors herein. In the event of a conflict in the tern -Is of this Agreement andJor the exhibits attached hereto, the terms most beneficial to City shall govern. The Parties hereto agree that, if an ambiguity or question of intent or interpretation arises, this Agreement is to be construed as if the Parties had drafted it jointly, as, opposed to being construed against a Party because it was responsible for drafting one or more provisions of the Agreement. In the interest of brevity, the Agreement may omit modifyying words such as "all" and "any" -and articles such as "the" and "an,"but the fact that a modifier or an article is absent from one statement and appears in another is not intended to affect the interpretation of either statement. Words or terms used as DOUHS in the Agreement shall be inclusive of their ;singular and plural Forms, unless the context of their usage clearly requires contrary meaning -1. N1. Force Maieurc. Neither City nor Consultant shall be liable for its respective non - negligent or non -willful failure to perform or shall be deemed in default with respect to the failure to perform (or cure a failure to perform) any of its respective duties or Obligations under this Agreement or for any delay in such performance due to: (i) any cause beyond its respective reasonable control, (ii) any act of God, (iii) any change in applicable governmental rules or regulations rendering the performance of any portion of this Agreement legally impossible; (iv) earthquake, fire. explosion or flood, (v) strike or labor dispute, excluding strikes or labor disputes by employees and/or agents of CONSULTANT, (vi) delay or failure to act by any governmental or military authority, or (vii) any war, hostility, embargo, sabotage, civil disturbance, riot, insurrection or invasion. In such event., the time for performance shall be extended by an amount 18 of time equal to the period of delay CaLlSed by such acts, and all other obligations shall remain intact. N. Material Condition. Each term of this Agreement is inaterial, and Consultant's breach of any term of this Affreement shall be considered a material breach of th' C, Ce entire Agreement and shall be grounds for termination or exercise of any other remedies available to City at law or in equity. IN WITNESS WHERE, OF City and Consultant have executed this Agreement, effective as of the Effective Date first above v�i-itten. t NA'A l9 CONSULTANT: unnell, Spangler & Associates, Inc. Signature: Print Name: (n Title: - ONE] side ice President (Corporation) [CORPORATE SEAL] (required if corporation) Attest/Witness: Signature: (7-) -� -t- Print Name ,q L Dfis]Eq Title: PlA NNVIZ (Assistant) Corporate Secretary (required if corporation) Attest: Signature: Print Name: _ Title: City Clerk Approved as to form: City Attorney CITY OF MILTON, GEORGIA By: Joe Lockwood, Mayor 20 (CITY SEAL) ��M The City of Milton is exploring the ways it can best accommodate the equestrian needs of its residents. The Consultant will produce assessments and ordinance to adopt an equestrian zoning in Milton. Qualified Consultant to possess certification of American institutes of Certified Planners (AICP). Previous experience with the City of Milton is required along with suitable equestrian zoning understanding. Leadership in Energy and Environmental Design (LEER) certification is preferred, whereas LEER affiliation is acceptable. Association with American Planning Association (APA) and Congress for New Urbanism (CNU) is desired. Consultant will undertake following 3 main activities to find a solution. 1) Assess the current and future needs a) Assess the community needs with respect to equine lifestyle bj Meet with Equestrian Committee c) Find the gaps between community needs and existing zoning regulation 2) Evaluate the various development regulation tools that would be suitable to Milton's Equestrian uses a) identify suitable regulatory tools such as but not limited to overlay, rezone, use permits b) Present the assessment of suitability to City staff c) Record the community feedback and report to City Council 3) Write the draft ordinance to accommodate new land use a) Draft an ordinance for equestrian zoning b) Present it to the Committee and get input c) Present the ordinance to the City Council and public Project Understanding The Consultant will meet with Equestrian Committee and the City staff to understand the opportunities for an equestrian zone and/ or overlay district in Milton. It will assess residents' desires and the current conditions to present a viable alternative for incorporating equestrian activities. The Consultant will then propose an ordinance to the City of Milton. Task I Following tasks are key to assessing current conditions and will be part of initial scope. The Consultant will meet with the City staff and Equestrian Committee to commence the process and establish the goals and evaluate needs at Equestrian Committee meeting #1. Additional interviews will be completed as necessary to gather more information. The Consultant will study historic and geographic context of land use changes in Milton. The City staff and Consultant will discuss a few case studies related to equestrian land use in other regions. Schedule of Part 1 (Tentative September 2019) Meeting type Time frame —:Tasks to be completed Equestrian Committee meeting 91 week 1 Set goals and find needs Additional telephone interviews week 2 Information gathering Staff Telephone meeting Weel(3 Summarize Part 1 Work session Week 4 Case studies and other UMM This part 2 will focus on evaluating equestrian zoning option and what it incorporates. The evaluation should show the City staff how the proposed development regulations could realize intended results and avoid unintended consequences. At Planning Commission Meeting # I and City Council Session # 1, the Consultant will showcase available regulatory tools and its benefits. Part 2 may need additional meeting with Equestrian Committee to exchange the feedback. Schedule of Task 2 (Tentative October -November 2019) Meeting type Time frame Tasks to be completed Staff telephone meeting Week S Discussing details Planning Commission meeting 41 Week 6/7 Get feedback City Council Session #1 Week 8/9 Get feedback Equestrian Committee meeting #2 Week 10 Optional meeting for feedback Task 3 Final part of the scope includes writing a proposed ordinance that would be conducive to equestrian uses in Milton. As we understand this is the most important task of the scope of work and will result in a new equestrian zone and/or a new Overlay District. The new equestrian zone and/or a new Overlay District will include development standards that will preserve and enhance the equestrian heritage of the City of Milton. These standards could include, but not limited to setback standards, lot coverage, design standards, buffer requirements, accessory structure requirements, allowed uses, traffic speeds and regulations limiting the use of fireworks. At City Council Session Q, the Consultant will present the text and shcwcase its application to Milton. Inform and engage the Committee members to collect input and finetune the text. Present the ordinance to the City Council in open house meeting and recommend the adoption. Schedule of Part 3 (Tentative November -December 2019) Meeting type Time frame Tasks to be completed Staff telephone meeting Week 11 Text review City Council Session #2 Week 12/13 Present a draft ordinance Staff telephone meeting Week 14 Final review City Council Meeting (open house) Week 15/16 Present the ordinance Additional services Additional services such as re-evaluation may be performed on request of the City. Consultant may use their current hourly rate for additional services, . , ,, ��f 4F 1447 Peachlreo Sfreel, NE Suite 850 Atlanta GA 30309 Phone: 404.873.6730 www.tsw-design.com Principals, Williorn Tunnell Jerry Spanger Thomas Walsh Bryan Boys Caleb Racicot Adam Williamson Fleather Flubbte Associafes; Rebekah Calvert Ben Woodrow Giles Lqonel Johnson David Untott Alex Fite-V%10010V Kristin UEsperance. Sarah McCulley Laura Richter August 8, 2019 Honor Motes Procurement Manager Milton City Hall 2006 Heritage Walk Milton, GA 30004 RE: Fee Proposal for Milton's Equestrian -Friendly Zoning Dear City of Milton This letter serves as TSW's official fee proposal to perform the scope of work associated with Milton's Equestrian -Friendly Zoning Ordinance, which was transmitted to me by email from Shubhongi Jangam of 11:47 AM on Tuesday, August 6, 2019. After careful review of the at)ave document, TSW proposes to perform the services contained within it for a fixed fee of $35,000 (thirty-five thousand dollars and zero cents). This fee includes both labor and direct expenses, such as travel, printing, and postage, Invoices for these services will be submitted to the City of Milton monthly. I will personally serve as Principal-in-Charge/Project Manager for this effort, with support from Project Planner, Julia Brodsky- Together, I believe that we provide the local knowledge, zoning and outreach expertise, and familiarity with the equestrian lifestyle that the City of Milton demands for this project's success. We appreciate your consideration of this proposal, Sincerely, Caleb RaCiCot, AICP Senior Principal —�� TU NN&00-01ZZ .�coRo CERTIFICATE OF LIABILITY INSURANCE OA,DlYYYY, ��- 8//13!21312019 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER C, CT Carol Bourdon south, Swayze, and Corroon Ins Kennett Pike, PO Box 3939 inaton. DE 19807 INSURED Tunnell-Spangler & Associates, Inc. 1447 Peachtree St., NE Suite 850 Atlanta, GA 30309 PH_QNE FAX (A r NO'AuT . _ _ (ATC, No): _ — -- E-MAIL cbourdon._ wscins.com AODREs�i: �_ INSURERISI AFFORDING COVERAGE NAIC N INSURIER A VALLEY FORGE INSURANCE '.20508 INSURER B : CONTIN ENTAL CASUALTY 20443 INSURERC_,__ INSURER 0, Cr1VFRAnFC L^.FRTIFICATF Idl IMFtFR• ACVICIAW ki"UriCD• 4 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 VVHICFi 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. INSRi LTR TYPEDFIN$URANCE 'AOOLiIiOeR POLICY NUMBER POLICYiFF Poucy XP LIMITS A X COMMERCIAL GENERALLIABILITY _ CLAIMS -MADE F X OCCUR 6020707119 X X 9151201 B 9/512019 AC�F�JBR NGF_. _ p M TO RENTED ,-�EHtSESaEe.ncwtrance.-- 2,000,000 -5.- - 1,000,000 _ €---------- 10'00 _�.��._. MEO EXP A6,w_ gPgrs _S_. 2,000,000 PERS22IA44_APV_ddURY GENT AGGREGATE LIMIT APPLIES PER POLICY ❑X P LOC OTHER - .y i 4mp Ben. 4,000,000 4,000,000 1,000,000 A AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT aD__�M�( 1,000,000 AUTO _ 0020707119 X OlIi12111 91512019 BQDILY INJURY [PerersgnjOWNED PXANY SCHEDULEDAUppTEEO��S ONLY 'A'p TNNOaaS �.1EOBODILY AUTOSONLY AR ONLY INJURY (Peracei n B X UMBRELLA LIAR X I OCCUR ! EACH OCCURRENCE s 51000,000 AGGREGATE5,000,000 EXCESS LIAR I CLAIMS -MADE X X 20707167 915/2018 9/512019 1 DIED X RETENTIONS 10'oov AMID EMp$OYERSE ABILRY Y ! N ANY PROPR ETC RIPARTNERtEXECUTIVE I - .. p(7��FICERIV EEM EXCLUDED L_, N f A (Mind.a'V n iJFf) if yes. describe unoer DESCRIPTION OF OPERATIONS below P R SITE TH E L EACH ACCIDENT s E L DISEASE • EA EMPLOYE,�E - L DISEASE • POLICY LIMIT a B Professional Liab EH254029695 9!512018 915/2019 Ea Claim 2,000,000 DESCRIPTION OF OPERATIONS! LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule. may be attached If more space is required) RE: Equestrian Zoning Project GENERAL LIABILITY: City of Milton, its officials, employees, agents & volunteers are addl insured as their interest may appear In accordance with policy terms and conditions - coverage is primary and non-contributory with waiver of subrogation as per policy language provided. City of Milton Georgia 2006 Heritage Walk Milton, GA 30004 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ACORD 25 (2016103) 01988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD EXHIBIT "C" See Exhibits -A " and ".R„ EXHIBIT "D" STATE OF w COUNTY OF CONTRACTOR AFFIDAVIT AND AGREEMENT By executing this affidavit, the undersigned contractor verifies its compliance with O.C.G.A_ § 13-10-91, stating affirmatively that the individual, firm, or corporation which is engaged in the physical performance of services on behalf of the City of Milton, Georgia has registered with, is authorized to use and uses the federal work authorization program commonly known as E -Verily, 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 herebv attests that its federal work authorization user identification number and date of authorization are as follows: Ztobq u Federal Work Authorization User Identification Number Anvil ?fit u� — Date of Authorization Tunnell, Spangler & Associates. Inc. Name of Contractor Equestrian 'tonin, Protect Name of Project City of Milton. GeorKia Name of Public Employer I hereby, declare under penalty of perjury that the foregoing is t e and correct. Executed on lql= 20 in "J (city), �_ (state). S' tureVYithbrized Of icer or Agent wX T 114064. r " Printed Name and Title of Authorized Officer or Agent SUBSCRIBED .AND SWORN BEFORE ME ON THiS'rHE 220(16AY OF 20L�2, P BL1 . [NOTAR.Y SEAL] My Commission Expires: JESSICA KAITL.t NOTARY PUBLIC Fulton County State of Georgia My Comm. Expires Oct, 17, 2022 STATE OF COUNTY OF SUBCONTRACTOR AFFIDAVIT By executing this affidavit, the undersigned subcontractorverifies its compliance with O.C.G.A. § 13-10- 91, stating of mnatively that the individual, firm or corporation which is engaged in the physical performance of services under a contract with Tunncll, SDangler & 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 ofsuch 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 rive (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 Federal Work Authorization User Identification foregoing is true and correct. Number Date of Authorization Name of Subcontractor Equestrian Zoning Project Name of Project City o of Milton, Georgia Name of Public Employer 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 SF,AL.I My Commission Expires; EXHIBIT "F" The Followinn individuals are designated as Key Personnel under this Agreementaild. as such, are necessary for the successful prosecution of the Work: See Exhibit B MILTON'r ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: September 4, 2019 FROM: Steven Krokoff, City Manager AGENDA ITEM: Approval of Subdivision Plats. MEETING DATE: Monday, September 9, 2019 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (,JA PPROVED () NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: (J YES (�NO CITY ATTORNEY REVIEW REQUIRED: (J YES (41NO APPROVAL BY CITY ATTORNEY: () APPROVED () NOT APPROVED PLACED ON AGENDA FOR: C 011 6S 1 7U"i 2006 Heritage Walk Milton, GA P: 678.242.2500 1 F: 678.242.2499 info@cityofmiltonga.us I www.cityofmiltonga.us 0000 To: Honorable Mayor and City Council Members From: Parag Agrawal, Community Development Director Date: Submitted on September 3, 2019 for the September 9, 2019 Regular Council Meeting Agenda Item: Approval of Subdivision Plats and Revisions Approval ____________________________________________________________________________ Department Recommendation: To approve the subdivision related plats and revisions as stated below. Executive Summary: The Milton Subdivision Regulations require that the Mayor and City Council approve all Final Plats, final Plat Re-recording, Revisions and Minor Plats once the matter has been reviewed and certified by the Community Development Director in accordance with the Subdivision Regulations. 1. The Brenda & Michael Ely minor plat described herein consists of two existing parcels located at 14503 & 14505 Cogburn Road to be reconfigured. No new lots are being created. The size of the lots range from 1.002 to 10.802 acres. Funding and Fiscal Impact: None. Alternatives: Do not approve. Legal Review: None – not required. Concurrent Review: Steven Krokoff, City Manager Attachment(s): Consent Agenda Plats Staff Memo Page 2 of 5 Plat List, Location Map, Plats Name of Development / Location Action Comments / # lots Total Acres Density 1. Brenda & Michael Ely LL 690 14503 & 14505 Cogburn Rd. Minor Plat Lot reconfiguration / 2 existing Lots 2.321 0.86 Lots / acre Consent Agenda Plats Staff Memo Page 3 of 5 Consent Agenda Plats Staff Memo Page 4 of 5 Consent Agenda Plats Staff Memo Page 5 of 5 MILTON, k ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: September 4, 2019 FROM: Steven Krokoff, City Manager AGENDA ITEM: Proclamation Recognizing Suicide Prevention MEETING DATE: Monday, September 9, 2019 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (; XPPROVED (J NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: () YES (�AO CITY ATTORNEY REVIEW REQUIRED: () YES (,AO APPROVAL BY CITY ATTORNEY: () APPROVED (J NOT APPROVED PLACED ON AGENDA FOR: `')9h"9l-w ) 2006 Heritage Walk Milton, GA P: 678.242.2500 1 F: 678.242.2499 info@cityofmiltonga.us I www.cityofmiltonga.us �fT1 1#110 7 Recognizing National Suicide Prevention Week WHEREAS, National Suicide Prevention Week is an annual week-long campaign in the United States to inform and engage health professionals and the general public about suicide prevention and the warning signs of suicide, and World Suicide Prevention Day is recognized annually on September 10; and WHEREAS, suicide is now the second leading cause of death among people ages 15 to 24; and WHEREAS, one of the myths about suicide is that talking about it causes suicide when research shows the opposite—engaging someone in a deliberate, caring conversation about suicide is shown to be the first step toward preventing suicide; and WHEREAS, the City of Milton is constantly striving to provide the best quality of life to its residents by finding ways to create a strong sense of community and provide connectedness; and WHEREAS, if Milton is to be the best place to call home, we must be willing to discuss difficult topics like suicide, recognizing that talking about suicide removes the stigma and is the first step toward prevention; and WHEREAS, all members of the City of Milton take responsibility together to provide the best quality of life to those we serve. Through our caring service, we strengthen our cherished sense of community. Now, therefore, we, the Mayor and City Council of the City of Milton, proclaim September 10, Suicide Prevention Day in Milton, and actively demonstrate the City’s commitment to the health and well-being of its citizens by hosting a community forum, “Suicide, A Community Conversation,” at City Hall on Tuesday, September 10, in an effort to provide insight, understanding and hope about suicide. Given under our hand and seal of the City of Milton, Georgia on this 9th day of September 2019. _________________________________ Joe Lockwood, Mayor MILTON% ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: September 4, 2019 FROM: Steven Krokoff, City Manager AGENDA ITEM: Consideration of Budget Amendments to the General Fund of the City of Milton for the Fiscal Year 2019 and Discussion of the Use of Additional Occupational Tax Revenue. MEETING DATE: Monday, September 9, 2019 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (1PPROVED () NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: () YES ( J -1Q, CITY ATTORNEY REVIEW REQUIRED: () YES (,KNO APPROVAL BY CITY ATTORNEY: () APPROVED (J NOT APPROVED PLACED ON AGENDA FOR: C) 9 % t)7%k I1) 2006 Heritage Walk Milton, GA P: 678.242.2500 1 F: 678.242.2499 info@cityofmiltonga.us I www.cityofmiltonga.us 0000 To: Honorable Mayor and City Council Members From: Bernadette Harvill, Finance Director Date: Submitted on September 3, 2019 for First Presentation on the September 9, 2019 Regular City Council Meeting and Unfinished Business for the September 23, 2019 Regular City Council Meeting Agenda Item: Consideration of Budget Amendments to the General Fund of the City of Milton for Fiscal Year 2019 and Discussion of the Use of Additional Occupational Tax Revenue. _____________________________________________________________________________________ Department Recommendation: The recommendation is to approve the budget amendments as proposed. Executive Summary: As the City budget is a dynamic rather than static plan, it requires amending from time to time. The proposed budget amendments enclosed are an update to the plan last amended on July 22 , 2019 and reflect the most recent circumstances and recommendations. Requests outlined include revenue anticipation updates and operating transfers from the General Fund to the Capital Projects Fund. As the City continues to restore its capital improvement program after the decision to change the accounting principal for current year property taxes, which temporarily halted funding for many projects, a transfer to utilize excess fund balance and salary and benefits savings due to vacancies in FY 2019 has been requested. Each request has been outlined in the budget amendment details and are non-recurring projects as required by Milton’s Code of Ordinances. The public hearing for this amendment was advertised in the Milton Herald on August 29, 2019 and will include discussion regarding additional occupational tax revenue as required by O.C.G.A. 48-13-28. Funding and Fiscal Impact: Please refer to the attached budget amendment documents. Alternatives: Other directed Council action. Concurrent Review: Steve Krokoff, City Manager Attachment(s): Fiscal Year 2019 Proposed Budget Amendments 1 of 24 ORDINANCE NO. STATE OF GEORGIA FULTON COUNTY AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE CITY OF MILTON, GEORGIA, TO ADOPT AMENDMENTS TO THE FISCAL 2019 BUDGET FOR EACH FUND OF THE CITY OF MILTON, GEORGIA AMENDING THE AMOUNTS SHOWN IN EACH BUDGET AS EXPENDITURES, AMENDING THE SEVERAL ITEMS OF REVENUE ANTICIPATIONS, PROHIBITING EXPENDITURES TO EXCEED APPROPRIATIONS, AND PROHIBITING EXPENDITURES TO EXCEED ACTUAL FUNDING AVAILABLE. BE IT ORDAINED by the City Council of the City of Milton, GA while in a council meeting on September 23, 2019 at 6:00 p.m. as follows: WHEREAS, the City Manager of the City of Milton has presented amendments to the fiscal year 2019 Budget to the City Council on each of the various funds of the City; and WHEREAS, each of these budget amendments results in a balanced budget, so that anticipated revenues equal proposed expenditures for each fund; and WHEREAS, the amended fiscal year 2019 budget provides a financial plan for the government, establishing appropriations for each operating department in order to extend services; NOW, THEREFORE BE IT ORDAINED that this budget amendment, “Exhibit A” attached hereto and by this reference made a part hereof this ordinance shall be the City of Milton’s amended fiscal year 2019 budget; and BE IT FURTHER ORDAINED that this budget be and is hereby approved and the several items of revenues shown in the budget for each fund in the amounts anticipated are adopted and that the several amounts shown in the budget for each fund as proposed expenditures are hereby appropriated to the departments named in each fund; and, BE IT FURTHER ORDAINED that the expenditures shall not exceed the appropriations authorized by this budget or amendments thereto provided; that expenditures for the fiscal year shall not exceed actual funding available. 2 of 24 ADOPTED AND APPROVED this 23rd day of September, 2019. CITY OF MILTON, GEORGIA By: ________________________ Mayor Joe Lockwood _________________________ ________________________ Councilmember Peyton Jamison Councilmember Carol Cookerly _________________________ ________________________ Councilmember Matt Kunz Councilmember Joe Longoria _________________________ ________________________ Councilmember Laura Bentley Councilmember Rick Mohrig (SEAL) Attest: _______________________________ City Clerk 3 of 24 City of Milton, Georgia Fiscal Year 2019 Summary of Departmental Budget Amendments 4 of 24 The goal of the fiscal year 2019 budget amendment is to revise departmental budgets and interfund transfers based on activity-to-date and future projections. GENERAL FUND The General Fund is the principal operating fund of the government and is used to facilitate current year operations. General Fund revenues have unrestricted use. Utilization of prior year unrestricted fund balance in excess of required reserves shall be deemed a one-time revenue source. Expenditure requests are categorized into two categories: Salary and Benefits and Maintenance and Operating. Salary and benefits line items include salaries, overtime, vacation pay, retirement and other associated payroll expenditures. The maintenance and operating category include expenditures related to operational line items such as supplies, professional fees, training, dues and fees, travel, utilities, communications, machinery & equipment, etc. Revenue Amendments: The change in original revenue estimates for the following revenue sources is driven by an analysis of the activity-to-date. A projection was completed using available data indicating the fiscal year 2019 revenue estimates could be adjusted by the amounts indicated in the table beginning on page 7. Some of the more significant changes are explained as follows: 1.Over the last several fiscal years Insurance Premium Tax collections have increased. This revenue item is distributed according to population counts and will be re-examined after the distributions are updated with the 2020 census data. For FY 2019 an increase of $300,000 has been requested. 2.The City has continued to take advantage of beneficial interest rates and cash flow projections to increase the investment of currently idle funds. As a result, investment income is anticipated to bring in more revenue than originally projected. An increase of $115,000 is being proposed bringing projections for realized gain on investments to $390,000 for the year. 3.The City sold one of the older fire apparatus upon receiving a replacement truck and sold some of the golf course maintenance equipment obtained in the purchase of the property on Dinsmore Road, yielding an increase in the revenue for the Sale of Surplus Equipment in the amount of $154,500. Expenditure Amendments: Explanations for each of the amendments to the expenditure accounts are provided within the expenditures by project detail beginning on page 8. 5 of 24 FY 2019 Current Budget Proposed Amendment Total Amended Budget REVENUES Taxes 27,347,321$ 320,000$ 27,667,321$ Licenses & Permits 608,832 42,000 650,832 Intergovernmental Revenues 8,942 11,250 20,192 Charges for Services 508,300 -508,300 Fines & Forfeitures 350,000 -350,000 Investment Income 276,000 115,000 391,000 Contributions & Donations 7,244 2,978 10,222 Miscellaneous Revenue 56,506 11,440 67,946 Proceeds from Sale of Assets 10,000 154,500 164,500 subtotal 29,173,145$ 657,168$ 29,830,313$ Interfund Transfers In:-$ - -$ subtotal -$ -$ -$ TOTAL REVENUES $ 29,173,145 $ 657,168 $ 29,830,313 EXPENDITURES Mayor & Council 178,229$ -$178,229$ City Clerk 238,417 -238,417 City Manager 742,616 (90,000)652,616 General Administration 65,899 -65,899 Finance 571,538 -571,538 Legal 295,000 25,000 320,000 Information Technology 1,157,086 -1,157,086 Human Resources 326,577 -326,577 Risk Management 272,707 -272,707 General Government Buildings 222,928 -222,928 Communications 286,891 (50,556)236,335 Community Outreach & Engagement 137,324 -137,324 Municipal Court 463,582 -463,582 Police 5,153,840 (230,000)4,923,840 Fire 7,306,581 (105,000)7,201,581 Public Works 2,322,379 -2,322,379 Parks & Recreation 1,456,693 -1,456,693 Community Development 1,408,987 14,228 1,423,215 Economic Development 258,509 -258,509 Debt Service 852,436 -852,436 Contingency 161,521 (161,521)- subtotal 23,879,740$ (597,849)$ 23,281,891$ Interfund Transfers Out: Capital Projects Fund 6,833,582$ 1,462,977 8,296,559$ Capital Grant Fund 565,693 26,000 591,693.00 subtotal 7,399,275$ 1,488,977$ 8,888,252$ TOTAL EXPENDITURES $ 31,279,015 $ 891,128 $ 32,170,143 Total Revenues Over/(Under) Expenditures (2,105,870)$ (233,960)$ (2,339,830)$ Beginning Fund Balance 10,271,476 10,271,476 ENDING FUND BALANCE 8,165,606$ 7,931,646$ General Fund Budget Summary 6 of 24 Proposed Budget Amendment Fiscal Year 2019 GENERAL FUND CURRENT BUDGET BUDGET AMENDMENT REVISED BUDGET REASON FOR AMENDMENT REVENUES BY SOURCE: TAXES Insurance Premium Tax 2,000,000 300,000 2,300,000 Penalties & Interest-Real Property Tax 10,000 20,000 30,000 TOTAL: TAXES 320,000 LICENSES & PERMITS Land Disturbance 67,500 35,000 102,500 Tree Removal Permits 8,000 7,000 15,000 TOTAL: LICENSES & PERMITS 42,000 INTERGOVERNMENTAL Community Services Program (CSP)- 11,250 11,250 TOTAL: INTERGOVERNMENTAL 11,250 INVESTMENT INCOME Realized Gain/Loss On Investment 275,000 115,000 390,000 TOTAL: INVESTMENT INCOME 115,000 CONTRIBUTIONS & DONATIONS Donation Revenue-Parks & Recreation 150 2,978 3,128 T OTAL: CONTRIBUTIONS & DONATIONS 2,978 MISCELLANEOUS REVENUE Facility Rental/Bethwell Community Center 4,500 3,025 7,525 Insurance Proceeds-Administration - 2,072 2,072 Insurance Proceeds-Public Works 3,170 6,343 9,513 TOTAL: MISCELLANEOUS REVENUE 11,440 OTHER FINANCING SOURCES Sale Of Surplus Equipment 10,000 154,500 164,500 T OTAL: OTHER FINANCING SOURCES 154,500 TOTAL REVENUES $ 657,168 Change in revenue recognition 7 of 24 Proposed Budget Amendment Fiscal Year 2019 GENERAL FUND CURRENT BUDGET BUDGET AMENDMENT REVISED BUDGET REASON FOR AMENDMENT EXPENDITURES BY DEPARTMENT: CITY MANAGER Salaries & Wages 532,872 (70,000) 462,872 Employee Benefits 156,556 (20,000) 136,556 TOTAL: CITY MANAGER (90,000) LEGAL Professional Fees 295,000 25,000 320,000 Increase to account for higher than anticipated legal fees resulting from a few large regional lawsuits in FY 2019 TOTAL: LEGAL 25,000 COMMUNICATIONS Salaries & Wages 136,235 (16,000) 120,235 Employee Benefits 56,031 (34,556) 21,475 TOTAL: HUMAN RESOURCES (50,556) POLICE Salaries & Wages 2,739,866 (130,000) 2,609,866 Employee Benefits 1,180,817 (100,000) 1,080,817 TOTAL: POLICE (230,000) FIRE Salaries & Wages 4,296,599 (90,000) 4,206,599 Employee Benefits 1,711,365 (15,000) 1,711,365 TOTAL: FIRE (105,000) Salaries & Wages and Employee Benefits savings from hiring the Public Relations Specialist in January 2019 as opposed to October 2018; funds will offset the operating transfer out to the Capital Projects Fund Salaries & Wages and Employee Benefits savings from the elimination of the second Assistant City Manager position; funds will offset the operating transfer out to the Capital Projects Fund Salaries & Wages and Employee Benefits savings from turnover and vacancies; funds will offset the operating transfer out to the Capital Projects Fund Salaries & Wages and Employee Benefits savings from turnover and vacancies; funds will offset the operating transfer out to the Capital Projects Fund 8 of 24 Proposed Budget Amendment Fiscal Year 2019 GENERAL FUND CURRENT BUDGET BUDGET AMENDMENT REVISED BUDGET REASON FOR AMENDMENT EXPENDITURES BY DEPARTMENT: PARKS & RECREATION Grounds Repair & Maintenance 110,500 1,500 112,000 Increased to account for a private donation made to the City Rental Land & Buildings 43,564 11,250 54,814 Increased to account for the Community Services Program grant funding received in FY 2019 Food & Meals 1,140 1,478 2,618 Increased to account for a private donation made to the City TOTAL: PARKS & RECREATION 14,228 OTHER FINANCING USES Contingency 161,521 (161,521) - Decreased to offset the operating transfers out to the Capital Projects Fund Operating Transfer Out to Capital Projects Fund 6,833,582 1,462,977 8,296,559 Increased to fund capital project initiatives including: needed bridge repairs, paving, pedestrian enhancements, potential park land, beginning phase one of the passive and active sections of the Former Milton Country Club, and proceeds from the sale of a fire apparatus Operating Transfer Out to Capital Grant Fund 565,693 26,000 591,693 Increased to cover funding for the City match on grant related projects TOTAL: OTHER FINANCING USES 1,327,456 TOTAL EXPENDITURES $ 891,128 Total Revenues Over/(Under) Expenditures (233,960)$ 9 of 24 FY 2019 Current Budget Requested Amendment Total Amended Budget Revenues 92,000$ 9,044$ 101,044$ Expenditures 104,348$ 10,000$ 114,348$ Total Revenues Over/(Under) Expenditures (12,348)$ (956)$ (13,304)$ Beginning Fund Balance 57,600$ 57,600$ ENDING FUND BALANCE 45,252$ 44,296$ FY 2019 Current Budget Requested Amendment Total Amended Budget Revenues 75,000$ 5,000$ 80,000$ Expenditures 75,000$ 5,000$ 80,000$ Total Revenues Over/(Under) Expenditures -$ -$ -$ Beginning Fund Balance -$ -$ ENDING FUND BALANCE -$ -$ FY 2019 Current Budget Requested Amendment Total Amended Budget Revenues -$ 14,861$ 14,861$ Expenditures 83,815$ 8,150$ 91,965$ Total Revenues Over/(Under) Expenditures (83,815)$ 6,711$ (77,104)$ Beginning Fund Balance 83,820$ 83,820$ ENDING FUND BALANCE 5$ 6,716$ FY 2019 Current Budget Requested Amendment Total Amended Budget Revenues 950,000$ 25,000$ 975,000$ Expenditures 950,000$ 25,000$ 975,000$ Total Revenues Over/(Under) Expenditures -$ -$ -$ Beginning Fund Balance -$ -$ ENDING FUND BALANCE -$ -$ E-911 FUND HOTEL/MOTEL TAX FUND Special Revenue Funds Budget Summaries SPECIAL EVENTS FUND CONFISCATED ASSETS FUND 10 of 24 SPECIAL EVENTS FUND & HOTEL/MOTEL TAX FUND The Special Events Fund is used to track revenues and expenditures associated with running the City’s special events. The primary revenue source for this fund is an interfund transfer in from the Hotel/Motel Tax Fund. An increase in tax revenues anticipated in the Hotel/Motel Tax Fund also results in a request to increase the interfund transfer line items between the two funds of $5,000. Revenue anticipation updates to the vendor fees for Rock for Rescues and contributions received from the Gas South Partnership have also been requested. One request to increase Professional Fees for Crabapple Fest has been made in order to test a new partnership opportunity for festival management. Proposed Budget Amendments Fiscal Year 2019 SPECIAL EVENTS FUND CURRENT BUDGET BUDGET AMENDMENT REVISED BUDGET REASON FOR AMENDMENT REVENUES BY SOURCE: CHARGES FOR SERVICES Rock For Rescues Vendor Fee - 2,744 2,744 TOTAL: CHARGES FOR SERVICES 2,744 CONTRIBUTIONS & DONATIONS Private Entity Contributions/Gas South Partnership - 1,300 1,300 TOTAL: CONTRIBUTIONS & DONATIONS 1,300 OTHER FINANCING SOURCES Operating Transfers In From Hotel/Motel Tax Fund 75,000 5,000 80,000 TOTAL: OTHER FINANCING SOURCES 5,000 TOTAL REVENUES $ 9,044 EXPENDITURES BY PROJECT: Professional Fees/Crabapple Fest 5,685 10,000 15,685 Increased to account for Crabapple Fest Professional Management initiative TOTAL EXPENDITURES $ 10,000 Total Revenues Over/(Under) Expenditures (956)$ Change in revenue recognition 11 of 24 Proposed Budget Amendments Fiscal Year 2019 HOTEL/MOTEL TAX FUND CURRENT BUDGET BUDGET AMENDMENT REVISED BUDGET REASON FOR AMENDMENT REVENUES BY SOURCE: TAXES Hotel/Motel Excise Tax 75,000 5,000 80,000 TOTAL: TAXES 5,000 TOTAL REVENUES $ 5,000 EXPENDITURES BY PROJECT: Operating Transfers Out Special Events Fund 75,000 5,000 80,000 Increase to account for additional revenues anticipated in FY 2019 TOTAL EXPENDITURES $ 5,000 Total Revenues Over/(Under) Expenditures -$ Change in revenue recognition 12 of 24 CONFISCATED ASSETS FUND The Confiscated Assets Fund accounts for all activity related to federal and state confiscations. Each entity has guidelines that must be adhered to with regard to spending these funds. In FY19, $14,825 of federal funds have been received, and an increase to that revenue line is being requested. The Police department spent down federal funds in the amount of $8,150 for expenditures related to new training initiatives and procurements to improve their technology. Proposed Budget Amendments Fiscal Year 2019 CONFISCATED ASSETS FUND CURRENT BUDGET BUDGET AMENDMENT REVISED BUDGET REASON FOR AMENDMENT REVENUES BY SOURCE: FINES & FORFEITURES Cash Confiscations/Federal Funds - 14,825 14,825 TOTAL: FINES & FORFEITURES 14,825 INVESTMENT INCOME Interest Revenue/Federal Funds - 36 36 TOTAL: INVESTMENT INCOME 36 TOTAL REVENUES $ 14,861 EXPENDITURES BY PROJECT: Education & Training/Federal Funds - 3,950 3,950 Computer/Software/Federal Funds - 4,200 4,200 TOTAL EXPENDITURES $ 8,150 Total Revenues Over/(Under) Expenditures 6,711$ Change in revenue recognition Set budget for purchases made with federal confiscated funds 13 of 24 E-911 FUND The City’s E-911 Fund accounts for the revenues and monthly payments related to providing emergency 911 services to the community. Milton currently has an Intergovernmental Agreement with the City of Alpharetta and 100% of all revenue collections are passed on to them to cover Milton’s share of the expenses related to the program. In FY 2019 revenue and corresponding expenditure anticipations are anticipated to increase by $25,000. Proposed Budget Amendments Fiscal Year 2019 E-911 FUND CURRENT BUDGET BUDGET AMENDMENT REVISED BUDGET REASON FOR AMENDMENT REVENUES BY SOURCE: CHARGES FOR SERVICE Public Safety/E-911 Charges 950,000 25,000 975,000 TOTAL: CHARGES FOR SERVICES 25,000 TOTAL REVENUES $ 25,000 EXPENDITURES BY PROJECT: Maintenance Contracts 950,000 25,000 975,000 Increase to account for additional revenues anticipated in FY 2019 TOTAL EXPENDITURES $ 25,000 Total Revenues Over/(Under) Expenditures -$ Change in revenue recognition 14 of 24 FY 2019 Current Budget Requested Amendment Total Amended Budget Revenues 7,166,192$ 1,815,758$ 8,981,951$ Expenditures 14,753,208$ 1,717,709$ 16,470,917$ Total Revenues Over/(Under) Expenditures (7,587,016)$ 98,050$ (7,488,966)$ Beginning Fund Balance 7,587,016$ 7,587,016$ ENDING FUND BALANCE 0$ 98,050$ FY 2019 Current Budget Requested Amendment Total Amended Budget Revenues 2,019,600$ 178,175$ 2,197,775$ Expenditures 22,068,542$ 860,836$ 22,929,378$ Total Revenues Over/(Under) Expenditures (20,048,942)$ (682,661)$ (20,731,603)$ Beginning Fund Balance 20,860,987$ 20,860,987$ ENDING FUND BALANCE 812,045$ 129,384$ FY 2019 Current Budget Requested Amendment Total Amended Budget Revenues 6,185,800$ 14,200$ 6,200,000$ Expenditures 12,369,842$ -$ 12,369,842$ Total Revenues Over/(Under) Expenditures (6,184,042)$ 14,200$ (6,169,842)$ Beginning Fund Balance 8,631,592$ 8,631,592$ ENDING FUND BALANCE 2,447,551$ 2,461,751$ Capital Projects Funds Budget Summaries CAPITAL PROJECTS FUND GREENSPACE BOND FUND TSPLOST FUND 15 of 24 FY 2019 Current Budget Requested Amendment Total Amended Budget Revenues 1,629,671$ 5,000$ 1,634,671$ Expenditures 1,878,207$ 5,000$ 1,883,207$ Total Revenues Over/(Under) Expenditures (248,536)$ -$ (248,536)$ Beginning Fund Balance 248,602$ 248,602$ ENDING FUND BALANCE 66$ 66$ FY 2019 Current Budget Requested Amendment Total Amended Budget Revenues 889,500$ 196,682$ 1,086,182$ Expenditures 2,740,004$ 223,681$ 2,963,685$ Total Revenues Over/(Under) Expenditures (1,850,504)$ (26,999)$ (1,877,503)$ Beginning Fund Balance 1,877,503$ 1,877,503$ ENDING FUND BALANCE 26,999$ 0$ FY 2019 Current Budget Requested Amendment Total Amended Budget Revenues 17,000,000$ 2,106,563$ 19,106,563$ Expenditures 17,000,000$ 2,106,563$ 19,106,563$ Total Revenues Over/(Under) Expenditures -$ (0)$ (0)$ Beginning Fund Balance 0$ 0$ ENDING FUND BALANCE 0$ -$ REVENUE BOND FUND Capital Projects Funds Budget Summaries CAPITAL GRANT FUND IMPACT FEES FUND 16 of 24 CAPITAL PROJECTS FUND The Capital Projects Fund is used to track revenues and expenditures associated with capital construction, acquisition, and maintenance. Appropriations in Capital Projects Fund are on a project-length basis and do not expire until the project is complete. According to the City’s budgetary policies, a major capital project generally is defined as an expenditure that has an expected useful life of more than 3 years with an estimated total cost of $50,000 or more, or an improvement/addition to an existing capital asset. Proposed Budget Amendments Fiscal Year 2019 CURRENT BUDGET BUDGET AMENDMENT REVISED BUDGET REASON FOR AMENDMENT REVENUES BY SOURCE: OTHER TAXES Infrastructure Maintenance Fees Penalty & Interest - 400 400 TOTAL: OTHER TAXES 400 CHARGES FOR SERVICE Tree Recompense 3,328 427 3,755 TOTAL: CHARGES FOR SERVICE 427 INTERGOVERNMENTAL Fulton County (Freemanville @ Providence Funding) - 302,558 302,558 TOTAL: MISCELLANEOUS REVENUE 302,558 MISCELLANEOUS REVENUE Cell Tower Lease Fees 79,404 30,000 109,404 insurance Proceeds-Public Safety 8,175 19,396 TOTAL: MISCELLANEOUS REVENUE 49,396 OTHER FINANCING SOURCES Operating Transfers In From General Fund 6,833,582 1,462,977 8,296,559 TOTAL: OTHER FINANCING SOURCES 1,462,977 TOTAL REVENUES 1,815,758 CAPITAL PROJECTS FUND Change in Revenue Recognition 17 of 24 Proposed Budget Amendments Fiscal Year 2019 CURRENT BUDGET BUDGET AMENDMENT REVISED BUDGET REASON FOR AMENDMENT EXPENDITURES BY PROJECT: Land Conservation 905,559 (904,252) 1,306 Greenspace Bond Initiative 3,936 (3,936) - Professional Fees (Information Services)- 14,190 14,190 Professional Fees (Public Works)29,190 (14,190) 15,000 Vehicle Replacement Reserve (Police)258,819 21,665 280,484 Increase to account for insurance proceeds received due to total loss Vehicle Replacement Reserve (Fire)1,669,943 100,000 1,769,943 Increase to account for revenue received on the sale of a fire apparatus Pavement Management 2,833,032 260,000 3,093,032 Increase to account for the operating transfer in from the General Fund to address roads requiring paving Storage Building & PW Yard Construction 516,261 315 516,576 Increase to account for additional expenses related to the construction of the storage building/PW yard Bridge Replacement 660,643 310,000 970,643 Increase to account for the operating transfer in from the General Fund requested to address a necessary bridge repair Intersection Imp-Freemanville @ Providence 1,365,857 302,558 1,668,415 Increase to account for funding from Fulton County Crabapple Pedestrian Improvements 309,000 100,000 409,000 Increase to cover higher than anticipated costs associated with the pedestrian improvements CAPITAL PROJECTS FUND Decreased to transfer funds to passive improvements at the Former Milton Country Club Transferring the parcel alignment project from Public Works to Information Services as GIS has been merged into that department 18 of 24 Proposed Budget Amendments Fiscal Year 2019 CURRENT BUDGET BUDGET AMENDMENT REVISED BUDGET REASON FOR AMENDMENT Parks & Recreation Master Plan Update 54,486 (45,850) 8,636 Property/Site Improvements 454,000 (454,000) - Buildings/Former Milton Country Club Active 260,000 740,000 1,000,000 Increased to account for funds needed to address phase one of the r ecommended active improvements Site Improvements/Former Milton Country Club Passive - 938,188 938,188 Increased to account for funds needed to address phase one of the recommended passive improvements Park & Trail Expansion 412,401 452,827 865,228 Increase to allow for the purchase of additional park land Professional Fees 35,063 (63) 35,000 Release funds remaining from the Tree Ordinance update project Site Improvement/Tree Recompense 144,647 427 145,074 Increase to account for additional revenues received Contingency 100,171 (100,171) - Decreased to cover requests that are not covered by interdepartmental transfers TOTAL EXPENDITURES 1,717,709 Total Revenues Over/(Under) Expenditures 98,050$ CAPITAL PROJECTS FUND Decreased to transfer funds to active improvements at the Former Milton Country Club 19 of 24 GREENSPACE BOND FUND This fund was set up to account for the bond proceeds and related purchases approved in the greenspace bond referendum and the corresponding debt service. Budget amendments related to property tax collections and investment income anticipated have been requested. Proposed Budget Amendments Fiscal Year 2019 CURRENT BUDGET BUDGET AMENDMENT REVISED BUDGET REASON FOR AMENDMENT REVENUES BY SOURCE: TAXES Personal Property - Prior Year - 60 60 Penalties & Interest - 3,115 3,115 TOTAL: TAXES 3,175 INVESTMENT INCOME Interest (Regions) 200,000 175,000 375,000 TOTAL: INVESTMENT INCOME 175,000 TOTAL REVENUES $ 178,175 EXPENDITURES BY PROJECT: Land Conservation 20,359,167 860,836 21,220,003 TOTAL EXPENDITURES $ 860,836 Total Revenues Over/(Under) Expenditures (682,661)$ GREENSPACE BOND FUND Increase to account for proceeds and interest recevied Change in revenue recognition 20 of 24 TSPLOST FUND The TSPLOST Fund has been set up to account for the proceeds of the transportation local option sales tax and the various improvement projects outlined in the program. A budget amendment to recognize an increase in investment income anticipated has been requested. Proposed Budget Amendments Fiscal Year 2019 CURRENT BUDGET BUDGET AMENDMENT REVISED BUDGET REASON FOR AMENDMENT REVENUES BY SOURCE: INVESTMENT INCOME Interest 185,800 14,200 200,000 TOTAL: INVESTMENT INCOME 14,200 TOTAL REVENUES $ 14,200 Total Revenues Over/(Under) Expenditures 14,200$ TSPLOST FUND Change in revenue recognition 21 of 24 CAPITAL GRANT FUND The Capital Grant Fund is a capital project fund that accounts for capital grants used to finance major capital projects. City staff has identified a new opportunity regarding the Smart Cities program and the corresponding amendments account for the grant funding and expenses as well as the City’s required match for this program as well as a reduction in revenue and corresponding expenditures for the Livable Cities Grant which was not awarded to Milton in FY 2019. Proposed Budget Amendments Fiscal Year 2019 CURRENT BUDGET BUDGET AMENDMENT REVISED BUDGET REASON FOR AMENDMENT REVENUES BY SOURCE: INTERGOVERNMENTAL State Gov Grant/LCI Funds 96,000 (96,000) - State Gov Grant/Smart Communities - 75,000 75,000 TOTAL: INTERGOVERNMENTAL (21,000) OTHER FINANCING SOURCES Operating Transfers In From General Fund 565,693 26,000 591,693 TOTAL: OTHER FINANCING SOURCES 26,000 TOTAL REVENUES $ 5,000 EXPENDITURES BY PROJECT: Professional Fees/Liveable Centers Initiative 120,000 (120,000) - Decreased as the City was not awarded this grant Professional Fees/Smart Communities Grant - 125,000 125,000 Increase to account for grant funding and the City match for the Smart Communities Grant TOTAL EXPENDITURES $ 5,000 Total Revenues Over/(Under) Expenditures -$ CAPITAL GRANT FUND Change in revenue recognition 22 of 24 IMPACT FEES FUND The Impact Fee Fund accounts for revenues and expenditures related to the City’s impact fee program as approved in October 2015. Impact fee revenue anticipations have been updated across all project categories and related expenditure lines for related projects have been requested. Additionally, a request to correct the transfer from the General Fund of $27,000 related to administration related expenses has been made as no funds will be coming in from the General Fund. Proposed Budget Amendments Fiscal Year 2019 CURRENT BUDGET BUDGET AMENDMENT REVISED BUDGET REASON FOR AMENDMENT REVENUES BY SOURCE: CHARGES FOR SERVICES Impact Fees/Admin Fund 27,000 3,346 30,346 Impact Fees/Law Enforcement Fund 13,000 1,952 14,952 Impact Fees/Fire Fund 72,500 3,970 76,470 Impact Fees/Road Fund 100,000 3,742 103,742 Impact Fees/Park Fund 650,000 210,672 860,672 TOTAL: CHARGES FOR SERVICES 223,682 OTHER FINANCING SOURCES Operating Transfers In From General Fund 27,000 (27,000) - TOTAL: OTHER FINANCING SOURCES (27,000) TOTAL REVENUES $ 196,682 EXPENDITURES BY PROJECT: SR9 Court/Fire/Police Complex 58,485 1,952 60,437 Site Improvements/Station 42 Replacement 242,902 3,970 246,872 Intersection Imp/Bethany @ Providence - 3,742 3,742 Trails/Park & Trail Expansion 2,215,415 210,672 2,426,087 Professional Fees (Community Development)29,980 3,345 33,325 TOTAL EXPENDITURES $ 223,681 Total Revenues Over/(Under) Expenditures (26,999)$ IMPACT FEES FUND Increase to account for updated FY19 revenue projections Change in revenue recognition 23 of 24 REVENUE BOND FUND The Revenue Bond Fund accounts for revenues and expenditures related to the City’s revenue bond issuances. The following requests account for project estimate updates and the corresponding proceeds anticipated to be collected. Proposed Budget Amendments Fiscal Year 2019 CURRENT BUDGET BUDGET AMENDMENT REVISED BUDGET REASON FOR AMENDMENT REVENUES BY SOURCE: OTHER FINANCING SOURCES Revenue Bond Proceeds 17,000,000 2,106,563 19,106,563 TOTAL: OTHER FINANCING SOURCES 2,106,563 TOTAL REVENUES $ 2,106,563 EXPENDITURES BY PROJECT: SR9 Court/Fire/Police Complex 15,000,000 400,000 15,400,000 Site Improvements/Station 42 Replacement 2,000,000 1,706,563 3,706,563 TOTAL EXPENDITURES $ 2,106,563 Total Revenues Over/(Under) Expenditures (0)$ REVENUE BOND FUND Change in revenue recognition Increase to account for updated project estimates 24 of 24 THE DRAFT BUDGET BOOK FOR FISCAL YEAR 2020 IS AVAILABLE AS A SEPARATE LINK TO: FROM: MILTot'-N ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM City Council DATE: September 5, 2019 Steven Krokoff, City Managerlz:� AGENDA ITEM: Consideration of an Ordinance of the Mayor and Council of the City of Milton, Georgia, to Adopt the Fiscal 2020 Budget for Each Fund of the City of Milton, Georgia Appropriating the Amounts Shown In Each Budget as Expenditures, Adopting the Several Items of Revenue Anticipations, Prohibiting Expenditures to Exceed Appropriations, and Prohibiting Expenditures to Exceed Actual Funding Available. MEETING DATE: Monday, September 9, 2019 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (, APPROVED (J NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: (J YES N NO CITY ATTORNEY REVIEW REQUIRED: () YES APPROVAL BY CITY ATTORNEY: () APPROVED PLACED ON AGENDA FOR: C-)q'A'g12e;5 () NOT APPROVED 2006 Heritage Walk Milton, GA P: 678.242.25001 F: 678.242.2499 info@cityofmiltonga.us I www.cityofmiltonga.us 0000 To: Honorable Mayor and City Council Members From: Bernadette Harvill, Finance Director Date: Submitted on September 5, 2019 for First Presentation on the September 9, 2019 Regular Council Meeting Agenda Item: Draft Budget Book for Fiscal Year 2020 Overview and Financial Highlights: Please find the draft edition of the proposed FY 2020 Budget Book enclosed. The City will be submitting this year’s budget book to the Government Finance Officers Association (GFOA) for consideration through the Distinguished Budget Presentation Award Program. This program sets standards and guidelines which encourage and assist state and local governments in preparing budget documents of the very highest quality that reflect both the guidelines established by the National Advisory Council on State and Local Budgeting and the GFOA’s best practices on budgeting. The City was successful in obtaining this award in FY 2019 and has expectations that this year’s budget book will be successful as well. It is our hope that this enhanced document will assist citizens in a better understanding of Milton’s budget process, financial policies, and practices. Please note this is a draft therefore page numbers and references to specific pages are subject to change. STATE OF GEORGIA FULTON COUNTY ORDINANCE NO. AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE CITY OF MILTON, GEORGIA, TO ADOPT THE FISCAL 2020 BUDGET FOR EACH FUND OF THE CITY OF MILTON, GEORGIA APPROPRIATING THE AMOUNTS SHOWN IN EACH BUDGET AS EXPENDITURES, ADOPTING THE SEVERAL ITEMS OF REVENUE ANTICIPATIONS, PROHIBITING EXPENDITURES TO EXCEED APPROPRIATIONS, AND PROHIBITING EXPENDITURES TO EXCEED ACTUAL FUNDING AVAILABLE. WHEREAS, the City Manager of the City of Milton has presented a proposed fiscal year 2020 Budget to the City Council on each of the various funds of the City; and WHEREAS, each of these budgets is a balanced budget, so that anticipated revenues equal proposed expenditures for each fund; and WHEREAS, the fiscal year 2020 budget provides a financial plan for the government, establishing appropriations for each operating department in order to extend services; NOW, THEREFORE BE IT ORDAINED that this budget, “Exhibit A” attached hereto and by this reference made a part hereof this ordinance shall be the City of Milton’s fiscal year 2020 budget; and BE IT FURTHER ORDAINED that this budget be and is hereby approved and the several items of revenues shown in the budget for each fund in the amounts anticipated are adopted and that the several amounts shown in the budget for each fund as proposed expenditures are hereby appropriated to the departments named in each fund; and, BE IT FURTHER ORDAINED that the expenditures shall not exceed the appropriations authorized by this budget or amendments thereto provided; that expenditures for the fiscal year shall not exceed actual funding available. ADOPTED AND APPROVED this 23rd day of September, 2019. CITY OF MILTON, GEORGIA By: ________________________ Mayor Joe Lockwood _________________________ ________________________ Councilmember Peyton Jamison Councilmember Carol Cookerly _________________________ ________________________ Councilmember Matt Kunz Councilmember Joe Longoria _________________________ ________________________ Councilmember Laura Bentley Councilmember Rick Mohrig (SEAL) Attest: _______________________________ Sudie AM Gordon, City Clerk First Reading: September 9, 2019 First Public Hearing: September 9, 2019 Second Public Hearing: September 23, 2019 Adoption: September 23, 2019 TO: FROM: MILTot\il� ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM City Council DATE: September 5, 2019 Steven Krokoff, City Manager(—/�; AGENDA ITEM: Consideration of ZM19-Ol/VC19-02 - 850 and 875 Hickory Flat Road (Matildas under the Pines) by Old Crossroads Properties, LLC (Curtis Mills) with existing zoning of AG -1 and C-1 (U18- 07/VC18-06). MEETING DATE: Monday, September 9, 2019 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (41APPROVED (J NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: () YES (,ANO CITY ATTORNEY REVIEW REQUIRED: () YES (,ANO APPROVAL BY CITY ATTORNEY: () APPROVED (J NOT APPROVED PLACED ON AGENDA FOR: 0C,l09,/Z��` 2006 Heritage Walk Milton, GA P: 678.242.2500 F: 678.242.2499 info@cityofmiltonga.us I www.cityofmiltonga.us Page 1 of 26 ZM18-01/VC19-02 - Prepared by the Community Development Department for the Mayor and City Council Meeting on September 23, 2019 (First Presentation September 9, 2019) 9/5/2019 ZM19-01/VC19-02 PROPERTY INFORMATION ADDRESS 850 and 875 Hickory Flat Road DISTRICT, LAND LOT 2/2, 379, 380 OVERLAY DISTRICT Birmingham Crossroads EXISTING ZONING C-1 (Community Business) and AG-1 (Agricultural) - U18-07/VC18-06 ACRES 6.486 EXISTING USE Matildas under the Pines outdoor music venue and 7acre bar n grill restaurant OWNER/APPLICANT Old Crossroads Properties, LLC (Curtis Mills) REPRESENTATIVE Brumbelow Reese & Associates (Scott Reece) INTENT To modify conditions: 2) To the owner’s agreement to abide by the following: a. Substantial compliance with the Site Plan received by the Community Development Department on March 29, 2018 June 25, 2019, and whereby the exact layout of the project may contain minor deviations approved by the Community Development Director provided the deviations remain consistent with the purpose and intent of the Council’s approval of the Use Permit. Notwithstanding the contents of the site plan, the project must meet or exceed the requirements of the Zoning Ordinance, all other applicable city ordinances and these conditions. The site plan may be revised with the approval of the Community Development Director in order to comply with city codes and zoning conditions. Unless otherwise noted herein, compliance with all conditions shall be in place prior to the issuance of the first Certificate of Occupancy. 3) To the owner's agreement to the following use requirements: a. Months, Days and hours of operation shall be limited to the following: i. Friday and/or Saturday within each week. ii. Hours of operation shall be from 7:00 p.m. to 11:00 p.m. iii. May lst through October 31st with no more than 30 events to include two events approved through a special event permit not to exceed 250 300 people in attendance which must include one off-duty police officer. b. There shall be no more than 200 250 attendees at any given time for each concert/performance. 4) To the owner's agreement to the following site development considerations: d. The maximum noise permitted measured at all the adjacent property lines. the following property lines where a residential use is located; West 421.59 feet and North 201.71 feet shall not exceed 75 dBa continuous sound on Fridays or Saturdays between the hours of 7:00 p.m. and 11:00 p.m. (VC18-06, Part 3) and request a 4 part concurrent variance for the following: 1) Sec. 64-212(6) – To allow the fence adjacent to Hickory Flat Road to be located at the right-of-way; 2) Sec. 64-1317(f) – To delete the landscape islands for the proposed parking lot within the 100-foot-wide transmission line; 3)Sec. 64-1346(b) – To increase the rural section building maximum setback from 20 feet to 430 feet for the proposed bathroom building; 4) Sec. 64-1323(c) – To allow the parking lot to be in one large area for the proposed parking lot within the 100-foot-wide transmission line. Page 2 of 26 ZM18-01/VC19-02 - Prepared by the Community Development Department for the Mayor and City Council Meeting on September 23, 2019 (First Presentation September 9, 2019) 9/5/2019 LOCATION MAP Page 3 of 26 ZM18-01/VC19-02 - Prepared by the Community Development Department for the Mayor and City Council Meeting on September 23, 2019 (First Presentation September 9, 2019) 9/5/2019 CURRENT ZONING Page 4 of 26 ZM18-01/VC19-02 - Prepared by the Community Development Department for the Mayor and City Council Meeting on September 23, 2019 (First Presentation September 9, 2019) 9/5/2019 First Alternative Parking Exhibit shown by applicant at the June 18, 2018 City Council Meeting (65 additional parking spaces) Page 5 of 26 ZM18-01/VC19-02 - Prepared by the Community Development Department for the Mayor and City Council Meeting on September 23, 2019 (First Presentation September 9, 2019) 9/5/2019 Second Alternative Parking Exhibit shown by the applicant at the June 18, 2018 City Council Meeting (104 additional spaces) Page 6 of 26 ZM18-01/VC19-02 - Prepared by the Community Development Department for the Mayor and City Council Meeting on September 23, 2019 (First Presentation September 9, 2019) 9/5/2019 U18-07/VC18-06 SITE PLAN RECEIVED MARCH 29, 2018 SITE PLAN APPROVED BY CITY COUNCIL ON JUNE 18, 2018 Page 7 of 26 ZM18-01/VC19-02 - Prepared by the Community Development Department for the Mayor and City Council Meeting on September 23, 2019 (First Presentation September 9, 2019) 9/5/2019 REVISED SITE PLAN SUBMITTED JUNE 25, 2019 FOR ZONING MODIFICATION Page 8 of 26 ZM18-01/VC19-02 - Prepared by the Community Development Department for the Mayor and City Council Meeting on September 23, 2019 (First Presentation September 9, 2019) 9/5/2019 History and Background – U18-07/VC18-06 The applicant and property owner, Mr. Curtis Mills (Old Crossroads Properties, LLC) was granted a Use Permit for Festivals or Events; indoor/outdoor on June 18, 2018 with nine concurrent variances to allow the operation of Matildas Music Under the Pines music venue. In summary, the Use Permit allows the operation of the venue from May 1st through October 31st with no more than 30 events to include two events approved through a special event permit not to exceed 250 people in attendance which must include one off-duty police officer. The concerts shall be on Friday and/or Saturday within each week and hours of operation shall be from 7:00 p.m. to 11:00 p.m. There shall be no more than 200 attendees at any given time for each concert/performance. The use was also tied to the site plan received by the Community Development Department on March 29, 2018. Staff notes that during the City Council meeting on June 18, 2018, the applicant presented two site plans indicating alternative parking exhibits (shown on pages 4 and 5 of this report) to the City Council showing how additional parking could be located on the site in addition to the site plan received on March 29, 2018 (shown on page 6 of this report). Matildas had their inaugural concert on May 3, 2019 which they applied for one of the two permitted “special event” concerts that exceeded the maximum of 200 attendees. It is believed that 250 tickets were sold for this event. The City allowed the venue to utilize parking within the 100-foot-wide power easement just for the May 3, 2019 concert. Just prior to the May 3rd concert, Graded Aggregate Base (GAB) was spread within this area as well as the area identified as “overflow parking” adjacent to the gas station to provide a more stable parking surface without prior approval from the City. In a letter dated May 31, 2019, the City informed Mr. Mills that parking within the Georgia Power easement would temporarily not result in a citation, pursuant to certain limitations, while he applied for the appropriate zoning modification. Included in the revised site plan is the proposed bathroom facil ity which was mentioned in the approved Use Permit conditions. Included in the revised site plan, which showed as-built conditions, is the proposed permanent bathroom facility and associated septic area which was mentioned in the approved Use Permit conditions. The applicant is requesting the number of attendees be increased for both regular concerts and special event concerts as discussed below. During the pre-application review process, Staff also recognized the requirement for the following four-part concurrent variance that are related to parking, position of the permanent bathroom facilities and lastl y the location of the existing four-board equestrian fence. Page 9 of 26 ZM18-01/VC19-02 - Prepared by the Community Development Department for the Mayor and City Council Meeting on September 23, 2019 (First Presentation September 9, 2019) 9/5/2019 CZIM Meeting – July 23, 2019 The applicant, Mr. Mills and his representative, Mr. Scott Reece were present at the meeting. There were six community members at the meeting. The following issues were questioned or discussed: • Location of fire hydrant location near gas station • Parking within the Birmingham Hwy (SR 372) right-of-way adjacent to the restaurant and the “Stop” sign at the corner. • If the location of the four-board fence was in the correct location, required landscaping along Hickory Flat Road. • A resident had seen parking within the 60-foot no-activity setback along the west property line. • Discussed the Georgia Power Easement Agreement and its requirements for the site. • The applicant was asked why he chose to increase the maximum attendance numbers half-way through the season. • All the attendees expressed concern over the sound levels heard from the following locations: SE corner of Freemanville and Birmingham Road (outside the home), Breamridge Subdivision (both inside and outside of homes). • Also, there were comments that the sound carried differently depending on what type of band or music act was playing. There were some concerts where it could be heard and some where no or little sound was heard. • Discussion about the volume of the attendees when they are talking during a concert and possible need to increase the volume of the music to compensate. • The members of the community expressed they would like to come up with a solution to the sound issue. DEPARTMENTAL COMMENTS City Arborist The project at 850 Hickory Flat Road used the old tree density ordinance for compliance. Here are all requirements related to trees under the tree density ordinance: 1. Density Standards- Since this site is being used for commercial/non-single-family, the density requirements are 30 units per acre. The site is 6.486 acres, requiring 194.58 density units (6.486 X 30). The site plan shows all the specim en trees and some of the trees along the western property line. Based on the trees shown on the site plan, the site has a tree density of over 229.7 units. Therefore, no canopy replacement will be required for tree density. 2. Parking lot- parking lots are required to provide minimum 10’ wide landscape island at the end of each parking bay and a 10’ wide landscape island every sixth parking space. Each landscape island shall include a minimum 2” caliper shade Page 10 of 26 ZM18-01/VC19-02 - Prepared by the Community Development Department for the Mayor and City Council Meeting on September 23, 2019 (First Presentation September 9, 2019) 9/5/2019 tree. The site plan does not comply with this requirement for either parking lot. Staff notes that a concurrent variance is being requested to delete this requirement for the parking within the power easement. 3. Critical Root Zone of possible Specimen Tree- The site plan shows encroachment into the Critical Root Zone of a 52” Water Oak with the new parking lot within the transmission easement. Upon site inspection, this tree was determined to have possible decay and dieback making it a non-specimen tree based on poor condition and does not require to provide recompense. There has already been an impact to the critical root zone as well as the canopy by the power company utilizing the easement area. Transportation Engineer The existing fencing along the Hickory Flat right of way is obstructing the line of sight for vehicles exiting the parking lot and needs to be moved outside the line of sight. The average weekday volumes and 2018 trip addition data were reviewed for the original rezoning in 2018. The 2019 trip additions could increase the estimated trips for the event by 25 percent. This increase was reviewed on the approaches to the SR 372/Birmingham Hwy at Hickory Flat/Birmingham Road intersection for a weekday 6-7 PM. The evaluation was based on a 7 pm opening on a weekday. Weekend peak hours are variable, and intersections are designed for the heaviest peak hours that occurs on weekdays. The exhibits showing the trip additions can be found in the Appendix at the end of the report. The review of the trips for this zoning modification does not indicate that the additional trips will create traffic impacts on the road network around the site. There is a condition in place that requires further study and action if site generated traffic impacts the operations: “If at such time the Director of Public Works determines that the traffic generated by the site impacts the operations of SR 372 Birmingham Highway or Hickory Flat Road, he/she may require the owner 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.” Devel opment Plan Review Per review of the site pl an, the placement of gravel and Graded Aggregate Base (GAB) on the property will increase runoff from the property which may adversely affect downstream properties. Therefore, a land disturbance permit shall be required. Fire Marshal Refer to Table 208.2 Parking Spaces in the ADA Standards for Accessible Design to determine the amount of accessible parking spaces that are required. The required number of accessible parking spaces are based upon the total amount of provided Page 11 of 26 ZM18-01/VC19-02 - Prepared by the Community Development Department for the Mayor and City Council Meeting on September 23, 2019 (First Presentation September 9, 2019) 9/5/2019 parking spaces. The accessible parking spaces at 7 Acres cannot be credited to the amount of accessible parking spaces that are required for Matilda’s. Analysis and Recommendation of Zoning Modifications and Concurrent Variance Zoning Condition Modification Request #1 2) To the owner's agreement to abide by the following: a. Substantial compliance with the Site Plan received by the Community Development Department on March 29, 2018 June 25, 2019, and whereby the exact layout of the project may contain minor deviations approved by the Community Development Director provided the deviations remain consistent with the purpose and intent of the Council's approval of the Use Permit. Notwithstanding the contents of the site plan, the project must meet or exceed the requirements of the Zoning Ordinance, all other applicable city ordinances and these conditions. The site plan may be revised with the approval of the Community Development Director in order to comply with city codes and zoning conditions. Unless otherwise noted herein, compliance with all conditions shall be in place prior to the issuance of the first Certificate of Occupancy. The applicant has requested that the current approved site plan received on March 29, 2018 be replaced with a revised site plan that shows existing parking, which was not approved parking, within the 100-foot power easement on the northern portion of the property. In addition, the revised site plan shows the existing conditions of the site including the assembly area for the audience, driveways, septic field lines (northwest portion of property), pump chambers and tanks for the restaurant, existing location of portable toilets, proposed permanent bathrooms facility, driveways, parking spaces including handicapped and existing four board equestrian fencing along Hickory Flat Road. Minimum Required Parking Based on the revised site plan received on June 25, 2019 the parking requirements pursuant to Sec. 64-1410 of the zoning ordinance are outlined below: Restaurant -10 spaces per 1,000 square feet (including outside seating) 3,993 square feet of restaurant requires 40 parking spaces Outdoor Festivals - 2 parking spaces per 1,000 square feet per ground area identified for festivals and music festivals related seating 6,050 square feet of assembly area requires 13 parking spaces Page 12 of 26 ZM18-01/VC19-02 - Prepared by the Community Development Department for the Mayor and City Council Meeting on September 23, 2019 (First Presentation September 9, 2019) 9/5/2019 Staff notes that the current requirement for parking for a music venue does not realistically provide sufficient minimum parking requirements when there are a proposed maximum number of 300 attendees. Total Required per the zoning ordinance = 53 parking spaces Parking Provided on the Site Plan The revised site plan shows a total of 44 required parking spaces located along Hickory Flat Road and Birmingham Hwy. The remainder of the required 9 parking spaces are located within the 100-foot power easement for a total of 53 parking spaces (identified as “required”) (includes 3 handicapped spaces). Although the applicant has shown the 79 parking spaces as “overflow" parking spaces located south of the assembly area including 1 handicapped next to the assembly area, based on the actual necessity of these spaces to accommodate the attendees of the concerts, Staff identifies these as required spaces. As mentioned above, Staff considers the 24 "overflow" parking spaces within the power easement as required spaces to provide sufficient parking for the venue. The total number of required parking for both the restaurant and the music venue are the 53 parking spaces indicated along Hickory Flat and within the power easement plus 79 and 24 required parking spaces equals a total of 156 parking spaces required by staff. Future Expansion Parking Within the 100-foot power easement the applicant is showing 17 parking spaces. The City Arborist stated that there is a requirement for 10-foot wide landscape islands at the end of every row and 10-foot landscape islands every 6th parking space. The applicant is requesting a concurrent variance to delete this requirem ent which will be discussed below. Georgia Power Easement User Agreement The applicant has obtained a user agreement to park cars within the 100-foot power easement. Staff Analysis and Recommendation of Zoning Modification Request # 1 The 156 required parking spaces are adequate to accommodate both the restaurant (40 parking spaces) and the music venue (116 parking spaces). This is based on the fact that the Zoning Ordinance for stadiums, auditoriums, theaters, amphitheaters require 1 parking Page 13 of 26 ZM18-01/VC19-02 - Prepared by the Community Development Department for the Mayor and City Council Meeting on September 23, 2019 (First Presentation September 9, 2019) 9/5/2019 space per 4 fixed seats. Staff is utilizing this requirement as the formula/calculation to determine the number of required spaces. Although, Matilda’s does not provide “fixed seating” there is seating for 300 people for the two “special events” and 250 people for the remainder of the events. For 300 seats, 75 parking spaces are required and for 250 seats 63 parking spaces are required, based on stadium, auditorium, and amphitheater requirements. One of the primary concerns during the Use Permit hearing in June 2018 was the possibility of overflow parking within the other two developed commercial corners in Birmingham Crossroads that would cause unsafe pedestrian access to the venue. Additionally, by providing required parking within the power easement, it is hidden from view from Hickory Flat Road or Birmingham Hwy. Staff notes that the applicant has shown the future permanent bathroom facilities which will have a separate septic system than the restaurant. There is a concurrent variance related to the location of this building as required by the Birmingham Crossroad Overlay District. Based on these facts, Staff recommends APPROVAL of Zoning Modification #1 to read as follows: 2) To the owner's agreement to abide by the following: a. Substantial compliance with the Site Plan received by the Community Development Department on June 25, 2019, and whereby the exact layout of the project may contain minor deviations approved by the Community Development Director provided the deviations remain consistent with the purpose and intent of the Council's approval of the Use Permit. Notwithstanding the contents of the site plan, the project must meet or exceed the requirements of the Zoning Ordinance, all other applicable city ordinances and these conditions. The site plan may be revised with the approval of the Community Development Director in order to comply with city codes and zoning conditions. Unless otherwise noted herein, compliance with all conditions shall be in place prior to the issuance of the first Certificate of Occupancy. Zoning Condition Modification Request #2 3) To the owner's agreement to the following use requirements: a. Months, Days and hours of operation shall be limited to the following: i. Friday and/or Saturday within each week. ii. Hours of operation shall be from 7:00 p.m. to 11:00 p.m. iii. May 1st through October 31st with no more than 30 events to include two events approved through a special event permit not to exceed 250 300 people in attendance which must include one off-duty police officer. Page 14 of 26 ZM18-01/VC19-02 - Prepared by the Community Development Department for the Mayor and City Council Meeting on September 23, 2019 (First Presentation September 9, 2019) 9/5/2019 b. There shall be no more than 200 250 attendees at any given time for each concert/performance. Analysis and Recommendation of Zoning Modification Request #2 Based on the past concerts since the inaugural concert in May 2019, the current number of attendees have not negatively impacted the adjacent and nearby properties with overflow parking, traffic congestion, or pedestrian safety issues either before or after the concerts. The proposed additional parking within the power easement and parking adjacent to the gas station did provide enough parking for the 250 attendees for normal events and 300 attendees for the one special event thus far in the inaugural season based on the analysis presented under Request #1. A condition has been included in the Recommended Conditions stating that all the parking is required except the “future expansion” of 17 spaces within the power easement. An increase of 50 attendees in each type of performance would not negatively impact the above traffic, offsite parking and safety issues based on the comments of the Transportation Engineer indicating the requested increase in attendees will not negatively impact the traffic in the area. During the CZIM meeting there was discussion regarding attendees talking during the concerts and therefore, may require the sound to be increased for the enjoyment of the others. If the number of attendees is increased, there may be an increase in the level of the sound. There are already issues with nearby residences that hear music within their homes depending on the type of band and level of the sound. The City engaged Ballentine Walker Smith, Inc. Acoustics and Vibration Consultants to professionally assess the current condition and provide staff with valuable insight on other possible venues throughout the City. In the Appendix is Mr. Smith’s letter to the City that includes the date, locations and results of the sound assessment. In summary, the sound levels ranged between 42 dBA and 62 dBA. There were two locations measured at the adjacent property lines, which was at 15900 Birmingham Hwy and 835 Hickory Flat Road which were 62 dBA and 51 dBA respectively. There is a map indicating all the exact locations of the measurements. Based on these results, Staff recommends approval of the requested Zoning Modification to increase the special event permit (2 times a year) from 250 to 300 attendees and 200 to 250 attendees for the season based upon the fact that traffic will not be negatively impacted nor the amount of sound emitting from the venue. Page 15 of 26 ZM18-01/VC19-02 - Prepared by the Community Development Department for the Mayor and City Council Meeting on September 23, 2019 (First Presentation September 9, 2019) 9/5/2019 Zoning Condition Modification Request #3 4) To the owner's agreement to the following site development considerations: d. The maximum noise permitted measured at all the adjacent property lines. the following property lines where a residential use is located; West 421.59 feet and North 201.71 feet shall not exceed 75 dBa continuous sound on Fridays or Saturdays between the hours of 7:00 p.m. and 11:00 p.m. (VC18-06, Part 3) (This request is to clarify the approved 75 dBa continuous sound at all adjacent property lines at the June 18, 2018 public hearing and does not increase the permitted sound levels for Matildas) Analysis and Recommendation of Zoning Modification Request #3 This request is to clarify the intent of the Council ’s motion and vote. During the Council’s hearing on June 18, 2018 the discussion was to limit the continuous sound to 75 dBA for all adjacent property lines, not only the referenced property line (west property line adjacent to the residentially used property) but to all adjacent property lines. The sound assessement discussed under Request #2 that was provided to the City shows that the venue, Matilda’s is well below the required 75 dBA continuous sound at all of the adjacent property lines. Therefore, Staff recommends that Condition 4.d be approved as requested. Requested Concurrent Variance – VC19-02 VC19-02 – Part 1 - To allow the fence adjacent to Hickory Flat Road to be located at the right-of-way (Sec. 64-212(6)) (Setback. Fences and walls shall be set back a minimum of three feet from a public right-of-way.) The applicant installed the four-board equestrian style fence in 2019 (without securing a fence permit) in line with the adjacent property’s fence to the west to provide a consistent look down Hickory Flat Road. The existing fence was a small extension as shown in the picture below. Page 16 of 26 ZM18-01/VC19-02 - Prepared by the Community Development Department for the Mayor and City Council Meeting on September 23, 2019 (First Presentation September 9, 2019) 9/5/2019 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 recommendation that the request to allow the equestrian fence to remain at its current location on the property line offends the intent of the zoning ordinance to have all fences a minimum of three feet from the right-of-way. The applicant has stated it was to align with the existing equestrian fence to the west. The photo above shows a short length of fencing parallel to Hickory Flat Road. It would not have been difficult to adjust the location of the new fence accordingly to the required minimum setback. (2) There are such extraordinary and exceptional situations or conditions pertaining to the 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. It is Staff’s recommendation that there were no extraordinary and exceptional situations or conditions pertaining to this site that causes an unnecessary hardship. The applicant states in his letter of intent that the fence would interfere with the parking lot and sidewalk. There is no existing sidewalk along Hickory Flat until the driveway entrance to the 7 Acre Bar n Grill. In addition, the applicant did not submit a fence permit prior to the installation of the fence which would have avoided the incorrect placement of the fence. (3) Relief, if granted would not cause a substantial detriment to the public good and surrounding properties. It is Staff’s recommendation that the location of the fence will cause a substantial detriment to the public good and surrounding properties because of the location of the fence at the right-of-way line. The Transportation engineer states the following in regard to the location of the fence: “The existing fencing along the Hickory Flat right of way is Page 17 of 26 ZM18-01/VC19-02 - Prepared by the Community Development Department for the Mayor and City Council Meeting on September 23, 2019 (First Presentation September 9, 2019) 9/5/2019 obstructing the line of sight for vehicles exiting the parking lot and needs to be moved outside the line of sight”. (4) That the public safety, health and welfare are secured, and that substantial justice is done. As noted above, the existing fencing along the Hickory Flat right-of-way is obstructing the line of sight for vehicles exiting the parking lot and needs to be moved outside the line of sight. The applicant has not provided sufficient evidence that the public safety, health and welfare are secured and that substantial justice is done. Based on the above analysis, Staff recommends DENIAL of VC19-02 – Part 1. Staff recommends that the fence either be removed completely or relocated outside of the line of sight and placed inside of the landscape strip adjacent to Hickory Flat Road. VC19-02 – Part 2- To delete the landscape islands for the proposed parking lot within the 100-foot-wide transmission line (Sec. 64-1317(f)) (Landscape islands in parking lots shall meet the standards in article III of this zoning ordinance. Provide a 10-foot parking island every 6th parking space and 10-foot parking island at the end of every parking bay.) 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. Staff supports the requested deletion of the landscape islands because the surface of the parking lot is not asphalt but Graded Aggregate Base which reduces the amount of heat island effect on the parking lot. In addition, the permitted trees, if any, by Georgia Power do not meet the minimum requirements of shade trees in parking lot islands. Therefore, it is Staff’s opinion that the deletion of the parking lot islands meets the spirit or intent of the 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. The parking within the power easement will be used on a limited basis with typically one concert a week and the season goes from May 1st to October 31st. Therefore, Staff believes that this is an exceptional situation. (3) Relief, if granted would not cause a substantial detriment to the public good and surrounding properties. Page 18 of 26 ZM18-01/VC19-02 - Prepared by the Community Development Department for the Mayor and City Council Meeting on September 23, 2019 (First Presentation September 9, 2019) 9/5/2019 By allowing the deletion of the parking islands based on the fact that there is limited use of the parking lot and the alternative material being used, GAB and gravel contributes to reducing the surface heat, it would not cause a substantial detriment to the public good and surrounding properties. (4) That the public safety, health and welfare are secured, and that substantial justice is done. Public safety, health and welfare are not negatively impacted, and substantial justice is done if the request is approved. Therefore, Staff recommends APPROVAL CONDITIONAL of VC19-02 – Part 2. VC19-02 – Part 3 – To increase the rural section building maximum setback from 20 feet to 430 feet for the proposed bathroom building (Sec. 64-1346(b)) (Rural section buildings shall be set back 20 feet maximum from the property line.) The applicant’s request to allow the proposed permanent bathroom building located 430 feet from the front property line is necessary based on the necessity to have the bathroom facilities within proximity to the concert goers. (1) Relief, if granted, would not offend the spirit or intent of this zoning ordinance. This requirement was designed to encourage a walkable, village feel with newly constructed buildings close to the road. This type of building requires it to be further from the road to be accessible to the concert attendees to use the bathroom and therefore does 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. The location of the stage and seating area which is further back on the site provides an exceptional situation because there is a need for the bathroom building to be placed near the stage and seating area. (3) Relief, if granted would not cause a substantial detriment to the public good and surrounding properties. Compliance with this requirement would cause detriment to the public good and surrounding properties and the requested variance makes the bathroom facilities more accessible. Page 19 of 26 ZM18-01/VC19-02 - Prepared by the Community Development Department for the Mayor and City Council Meeting on September 23, 2019 (First Presentation September 9, 2019) 9/5/2019 (4) That the public safety, health and welfare are secured, and that substantial justice is done. Public safety, health and welfare are not impacted and substantial justice is done. Therefore, Staff recommends APPROVAL CONDITIONAL of VC19-02, Part 3. VC19-02 - Part 4 – To allow the parking lot to be in one large area for the proposed parking lot within the 100-foot-wide transmission line. (Sec. 64-1323(c)) ((c) Parking lots shall be divided into small contained areas through the use of perimeter landscaping and canopy trees. Parking lot landscaping shall follow the standards of the tree ordinance (chapter 60). (1) Relief, if granted, would not offend the spirit or intent of this zoning ordinance. This requirement for dividing parking lots in small areas was designed to encourage a village feel. The parking within the transmission line is not visible from Hickory Flat Road and therefore does not offend the spirit or intent of the 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. It is Staff’s opinion that extra parking separation is not necessary since the parking area is not visible from Hickory Flat Road and therefore is an exceptional situation. (3) Relief, if granted would not cause a substantial detriment to the public good and surrounding properties. The parking lot is not visible from Hickory Flat Road and is surrounded by the City of Milton Birmingham Park and will not cause a substantial detriment to the public good and surrounding properties. (4) That the public safety, health and welfare are secured, and that substantial justice is done. Public safety, health and welfare are not negatively impacted, and substantial justice is done with one large parking lot. Therefore, Staff recommends APPROVAL CONDITIONAL of VC19-02 – Part 4. Page 20 of 26 ZM18-01/VC19-02 - Prepared by the Community Development Department for the Mayor and City Council Meeting on September 23, 2019 (First Presentation September 9, 2019) 9/5/2019 Conclusion Staff recommends APPROVAL CONDITIONAL of ZM19-01, Requests 1, 2, and 3. In addition, Staff recommends DENIAL of VC19-02, Part 1, APPROVAL CONDITIONAL of Parts 2, 3, and 4. If the Mayor and City Council choose to approve the requested modifications and concurrent variances, a set of Recommended Conditions are included at the end of this Staff report. Page 21 of 26 ZM18-01/VC19-02 - Prepared by the Community Development Department for the Mayor and City Council Meeting on September 23, 2019 (First Presentation September 9, 2019) 9/5/2019 RECOMMENDED CONDITIONS Should the Mayor and City Council approve this petition, the recommended conditions and concurrent variance should be read as follows: 2) To the owner’s agreement to abide by the following: a. Substantial compliance with the Site Plan received by the Community Development Department on March 29, 2018 June 25, 2019, and whereby the exact layout of the project may contain minor deviations approved by the Community Development Director provided the deviations remain consistent with the purpose and intent of the Council’s approval of the Use Permit. Notwithstanding the contents of the site plan, the project must meet or exceed the requirements of the Zoning Ordinance, all other applicable city ordinances and these conditions. The site plan may be revised with the approval of the Community Development Director in order to comply with city codes and zoning conditions. Unless otherwise noted herein, compliance with all conditions shall be in place prior to the issuance of the first Certificate of Occupancy. 3) To the owner's agreement to the following use requirements: a. Months, Days and hours of operation shall be limited to the following: i. Friday and/or Saturday within each week. ii. Hours of operation shall be from 7:00 p.m. to 11:00 p.m. iii. May lst through October 31st with no more than 30 events to include two events approved through a special event permit not to exceed 250 300 people in attend ance which must include one off-duty police officer. b. There shall be no more than 200 250 attendees at a ny given time for each concert/performance. 4) To the owner's agreement to the following site development considerations: d. The maximum noise permitted measured at all the adjacent property lines. the following property lines where a residential use is located; West 421.59 feet and North 201.71 feet shall not exceed 75 dBa continuous sound on Fridays or Saturdays between the hours of 7:00 p.m. and 11:00 p.m. (VC18-06, Part 3) p. To delete the landscape islands for the proposed parking lot within the 100-foot- wide transmission line. (VC19-02 – Part 2) q. To increase the rural section building maximum setback from 20 feet to 430 feet for the proposed bathroom building (VC19-02 – Part 3) Page 22 of 26 ZM18-01/VC19-02 - Prepared by the Community Development Department for the Mayor and City Council Meeting on September 23, 2019 (First Presentation September 9, 2019) 9/5/2019 r. To allow the parking lot to be in one large area for the proposed parking lot within the 100-foot-wide transmission line. (VC19-02 – Part 4) s. Parking areas shown on the site plan received by the Community Development Department shall be required parking spaces except for the 17 parking spaces identified as “future expansion” within the 100-foot power easement. Page 23 of 26 ZM18-01/VC19-02 - Prepared by the Community Development Department for the Mayor and City Council Meeting on September 23, 2019 (First Presentation September 9, 2019) 9/5/2019 APPENDIX Approved Building Permit Page 24 of 26 ZM18-01/VC19-02 - Prepared by the Community Development Department for the Mayor and City Council Meeting on September 23, 2019 (First Presentation September 9, 2019) 9/5/2019 Approved Building Permit Site Plan Page 25 of 26 ZM18-01/VC19-02 - Prepared by the Community Development Department for the Mayor and City Council Meeting on September 23, 2019 (First Presentation September 9, 2019) 9/5/2019 Transportation Engineer – Trip Counts 2018 Trip Additions Page 26 of 26 ZM18-01/VC19-02 - Prepared by the Community Development Department for the Mayor and City Council Meeting on September 23, 2019 (First Presentation September 9, 2019) 9/5/2019 2019 Trip Additions September 4, 2019 Robyn MacDonald, Zoning Manager City of Milton 2006 Heritage Walk Milton, Georgia 30004 Re: Matilda’s Music Under The Pines Noise Surveys We are pleased to inform the City of Milton that live music at Matilda’s Music Under the Pines, 850 Hickory Flat Road, Milton, Georgia, is fully compliant with the City use permit. For reference, the use permit agreement between the City and Matilda’s is provided below: “The maximum noise permitted measured at all the adjacent property lines shall not exceed 75 dBA continuous sound on Fridays or Saturdays between the hours of 7:00 p.m. and 11:00 p.m.” The language above references the “continuous sound.” This suggests sound assessment using level equivalent sound levels, or Leq, as the metric for compliance with the permit. By definition, the Leq is the average sound level which, in a stated time period, has the same A-Weighted sound energy as the time varying time. Therefore, the language indicates the average sound levels at the property line shall not exceed 75 dBA. Table 1 summarizes sound levels measured at the property line and at four (4) locations off property on the evening of August 31, 2019. These measurements were made prior to and during a music event with live drums, bass guitar, guitars, electric keyboards, and singing. While the use permit is only applicable to the adjacent property line, the off-site measurements should clearly provide the City with an understanding of sound levels in the nearby community due to Matilda’s. The measurement locations are shown in Figure 1. WEB: www.bwsacoustics.com ! EMAIL: bwsacoustics@bwsacoustics.com consulting ! development ! engineering ! design ACOUSTICS & VIBRATION CONSULTANTS Table 1: Sound Level Summary Near Matilda’s Music Under the Pines (August 31, 2019)* Description Leq (dBA) L1 - 15900 Birmingham Hwy Property Line Ambient 51 L1 - 15900 Birmingham Hwy Property Line w/Music 62 L2 - 1270 Birmingham Road Ambient (horse farm)42 (44) L2 - 1270 Birmingham Road w/Music (horse farm)49 L3 - Nix Road Ambient (Near 1105 Birmingham Road)49 L3’ - 1105 Birmingham Road 53 L4 - Bream Road Neighborhood 48 L5 - 835 Hickory Flat Road w/Music 51 (60) *All levels, dBA re 20 µPa Data in parenthesis includes unrelated sound derived from gunshots (1270 Birmingham Road) and car passbys (835 Hickory Flat Road) The sound levels measured farther off site (L2 / L4) indicate average levels are below 50 dBA during a live performance and much lower than the 75 dBA maximum permissible sound level imposed at the property line. Admittedly, the band was audible to varying degrees at L2, L3’, and L4. In general, levels in the range of 50 dBA are considered indicative of rural / suburban areas. Since sound is subjective, even sounds in this range may disturb certain individuals. At Location L3’, the local wildlife (cicadas) influenced the measured result much more than the music such that a higher level was recorded. The measured property line sounds levels is expected to vary between music acts. However, the measured data suggests average sound pressure levels would have to increase by a factor of four (4) to exceed the permitted level. This is highly unlikely provided Matilda’s sound system operator maintains levels at or near existing levels. If you have any questions or comments, give me a call. Sincerely, BALLENTINE WALKER SMITH, INC. Scott Walker Smith President WEB: www.bwsacoustics.com ! EMAIL: bwsacoustics@bwsacoustics.com consulting ! development ! engineering ! design WEB: www.bwsacoustics.com ! EMAIL: bwsacoustics@bwsacoustics.com consulting ! development ! engineering ! design Figure 1: Sound Monitoring Locations Page is too large to OCR. ORDINANCE NO. PETITION NO. ZM19-01/VC19-02 STATE OF GEORGIA COUNTY OF FULTON AN ORDINANCE TO MODIFY CONDITIONS 2.a., 3.b., AND 4.d. OF AN ORDINANCE OF THE CITY OF MILTON, U18-07/VC18-06 PROPERTY LOCATED AT 850 and 875 HICKORY FLAT ROAD WITHIN LAND LOTS 379 AND 380 OF THE 2ND DISTRICT 2ND SECTION CONSISTING OF APPROXIMATELY 6.486 ACRES. BE IT ORDAINED by the City Council for the City of Milton, Georgia while in regular session on September 23, 2019 at 6:00 p.m. as follows: SECTION 1. That the condition of an Ordinance, approved on June 18, 2018, for petition U18-07 that approved a Use Permit for Festivals or events; indoor/outdoor (Section 64-1812), property located at 850 and 875 Hickory Flat Road consisting of a total of approximately 6.486 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 (ZM19-01/VC19-02). Any conditions hereby approved (including any site plan) do not authorize the violation of any district regulations; and SECTION 3. That all ordinances or part of ordinances in conflict with the terms of this ordinance are hereby repealed; and SECTION 4. This Ordinance shall become effective upon adoption by the Mayor and City Council and the signature of approval of the Mayor. ORDAINED this 23rd day of September, 2019. Approved: ______________________ Joe Lockwood, Mayor Attest: ___________________________ Sudie Gordon, City Clerk (Seal) RECOMMENDED CONDITIONS Should the Mayor and City Council approve this petition, the recommended conditions and concurrent variance should be read as follows: 2) To the owner’s agreement to abide by the following: a. Substantial compliance with the Site Plan received by the Community Development Department on March 29, 2018 June 25, 2019, and whereby the exact layout of the project may contain minor deviations approved by the Community Development Director provided the deviations remain consistent with the purpose and intent of the Council’s approval of the Use Permit. Notwithstanding the contents of the site plan, the project must meet or exceed the requirements of the Zoning Ordinance, all other applicable city ordinances and these conditions. The site plan may be revised with the approval of the Community Development Director in order to comply with city codes and zoning conditions. Unless otherwise noted herein, compliance with all conditions shall be in place prior to the issuance of the first Certificate of Occupancy. 3) To the owner's agreement to the following use requirements: a. Months, Days and hours of operation shall be limited to the following: i. Friday and/or Saturday within each week. ii. Hours of operation shall be from 7:00 p.m. to 11:00 p.m. iii. May lst through October 31st with no more than 30 events to include two events approved through a special event permit not to exceed 250 300 people in attendance which must include one off-duty police officer. b. There shall be no more than 200 250 attendees at any given time for each concert/performance. 4) To the owner's agreement to the following site development considerations: d. The maximum noise permitted measured at all the adjacent property lines. the following property lines where a residential use is located; West 421.59 feet and North 201.71 feet shall not exceed 75 dBa continuous sound on Fridays or Saturdays between the hours of 7:00 p.m. and 11:00 p.m. (VC18-06, Part 3) p. To delete the landscape islands for the proposed parking lot within the 100-foot-wide transmission line. (VC19-02 – Part 2) q. To increase the rural section building maximum setback from 20 feet to 430 feet for the proposed bathroom building (VC19-02 – Part 3) r. To allow the parking lot to be in one large area for the proposed parking lot within the 100-foot-wide transmission line. (VC19-02 – Part 4) s. Parking areas shown on the site plan received by the Community Development Department shall be required parking spaces except for the 17 parking spaces identified as “future expansion” within the 100-foot power easement. Site Plan received on June 25, 2019 (ZM19-01/VC19-02) TO: FROM: MILTON'IP ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM City Council DATE: September 4, 2019 Steven Krokoff, City Manager (2) AGENDA ITEM: Consideration of an Ordinance to Adopt Regulations of Small Wireless Facilities and Antennas in the Public Right of Way for the City of Milton, Georgia. MEETING DATE: Monday, September 9, 2019 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (APPROVED () NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: (.1YES () NO CITY ATTORNEY REVIEW REQUIRED: (,AYES () NO APPROVAL BY CITY ATTORNEY: ('APPROVED (J NOT APPROVED PLACED ON AGENDA FOR: c"I/ 0r/zt'i-) 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: Ken Jarrard, City Attorney Date: Submitted on August 15, 2019 for the August 19, 2019 and September 9, 2019 Regular City Council Meetings Agenda Item: Consideration of an Ordinance to Adopt Regulations of Small Wireless Facilities and Antennas in the Public Right of Way for the City of Milton _____________________________________________________________________________________ Department Recommendation: Approval. Executive Summary: The proposed ordinance governs small wireless facilities (commonly referred to as small cell) installed in the City right of way. The state legislature recently passed a bill, SB66, governing the installation and maintenance of such facilities in public right of way. The City’s ordinance largely mirrors the new state law, which becomes effective on October 1, 2019. However, portions of the state law contemplate the City adopting either an ordinance or resolution to adopt fees and rates associated with applications and installations of small wireless facilities. To that end, the ordinance establishes the maximum fines permitted under state law for any such installations in the City’s right of way. The ordinance also requires applicants to meet with the City at least 30 days prior to the submission of any application to inform the City of when the applicant expect so commence deployment of small wireless facilities and poles, the number of small wireless facilities and poles it expects to deploy during the 24 months after commencement, and the expected timing of such deployments. Although this is automatic for certain jurisdictions larger than the City, due to the City’s size, the City must affirmatively impose this requirement. Otherwise, the ordinance simply imposes the same requirements as set forth in state law, with City-specific requirements for submitting applications to the Public Works Department. Funding and Fiscal Impact: None. Alternatives: None. Page 2 of 2 Legal Review: Ken Jarrard, Jarrad & Davis - August 15, 2019 Concurrent Review: Steve Krokoff, City Manager Attachment(s): Ordinancet to Adopt Regulations of Small Wireless Facilities and Antennas in the Public Right of Way for the City of Milton STATE OF GEORGIA COUNTY OF FULTON ORDINANCE NO._______ AN ORDINANCE TO ADOPT REGULATIONS OF SMALL WIRELESS FACILITIES AND ANTENNAS IN THE PUBLIC RIGHT OF WAY FOR THE CTIY OF MILTON, GEORGIA BE IT ORDAINED by the City Council of the City of Milton, Georgia while in a regular Council meeting on __________, 2019, at 6:00 PM as follows: WHEREAS, pursuant to its Charter and other laws of the State of Georgia, the City of Milton, Georgia has the power to adopt clearly reasonable ordinances, resolutions and regulations for the protection and preservation of the public health, safety and welfare of its citizens; and WHEREAS, Chapter 48 of the City of Milton Code of Ordinances regulates streets, sidewalks, and other public places; and WHEREAS, in the interests of the health, safety, and general welfare of the citizens of the City, the Mayor and Council desire to exercise their authority to adopt an ordinance regulating small cell technology in the public right of way; and WHEREAS, appropriate notice and hearing on the ordinance contained herein have been carried out according to general and local law. NOW THEREFORE, THE COUNCIL OF THE CITY OF MILTON HEREBY ORDAINS, as follows: Section 1. The language attached hereto as Exhibit A and incorporated herein by reference as if fully set forth herein is hereby adopted and approved, and shall be codified as Article XI in Chapter 48 of the Code of Ordinances. Section 2. All other ordinance shall continue in full force and effect and shall remain unaffected, except where such ordinance, or part thereof, conflicts herewith, in which case such ordinance, or part thereof, is hereby repealed. Section 3. It is the express intent of the Mayor and City Council that this Ordinance be consistent with both federal and state law. If any provision of this Ordinance or the application thereof to any person or circumstance is held invalid, the invalidity shall not affect other provisions or applications of the Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are declared severable. Section 4. This Ordinance shall become effective upon a majority vote by the City Council as ratified by the Mayor of the City of Milton, Georgia. SO ORDAINED this the ____ day of ____________, 2019, the public’s health, safety, and welfare demanding it. Approved: ______________________________ Attest: Joe Lockwood, Mayor __________________________ City Clerk (Seal) SMALL WIRELESS FACILITIES AND ANTENNAS ORDINANCE DIVISION I PURPOSE AND COMPLIANCE Section 1.1 O.C.G.A. § 32-4-92(a)(10) authorizes the City of Milton, Georgia (the “City”) to establish reasonable regulations for the installation, construction, maintenance, renewal, removal, and relocation of pipes, mains, conduits, cables, wires, poles, towers, traffic and other signals, and other equipment, facilities, or appliances in, on, along, over, or under the public roads of the City. Further, 47 U.S.C. § 253(c) provides that the City has authority to manage its public rights of way. Finally, the Georgia Streamlining Wireless Facilities and Antennas Act., O.C.G.A. Title 36, Chapter 66C (the “SWFAA”), addresses the placement of small wireless facilities in the public rights of way of the City. Section 1.2 The City finds it is in the best interest of the City and its residents and businesses to establish requirements, specifications reasonable conditions regarding placement of small wireless facilities, poles in the public rights of way. These requirements, specifications and conditions are adopted in order to protect the public health, safety and welfare of the residents and businesses of the City and to reasonably manage and protect the public rights of way and its uses in the City. Section 1.3 The objective of this Ordinance is to (i) implement the SWFAA and (ii) ensure use of the public rights of way is consistent with the design, appearance and other features of nearby land uses, protects the integrity of historic, cultural and scenic resources and does not harm residents’ quality of life. DIVISION II DEFINITIONS Section 1.4 As used in this Ordinance, the following terms have the following meanings: (a) “Antenna” means: (i) communications equipment that transmits, receives, or transmits and receives electromagnetic radio frequency signals used in the provision of wireless services or other wireless communications; or (ii) Communications equipment similar to equipment described in part (i) used for the transmission, reception, or transmission and reception of surface waves. Such term shall not include television broadcast antennas, antennas designed for amateur radio use, or satellite dishes for residential or household purposes. (b) “Applicable Codes” means uniform building, fire, safety, electrical, plumbing, or mechanical codes adopted by a recognized national code organization to the extent such codes have been adopted by the State of Georgia or the City or are otherwise applicable in the City. (c) “Applicant” means any person that submits an application. (d) “Application” means a written request submitted by an applicant to the City for a permit to: (i) collocate a small wireless facility in a right of way; or (ii) install, modify, or replace a pole or decorative pole in a right of way on which a small wireless facility is or will be collocated. (e) “Authority Pole” means a pole owned, managed, or operated by or on behalf of the City. Such term shall not include poles, support structures, electric transmission structures, or equipment of any type owned by an electric supplier. (f) “Collocate” or “Collocation” means to install, mount, modify, or replace a small wireless facility on or adjacent to a pole, decorative pole, or support structure. (g) “Communications Facility” means the set of equipment and network components, including wires and cables and associated equipment and network components, used by a communications service provider to provide communications services. (h) “Communications Service Provider” means a provider of communications services. (i) “Communications Services” means cable service as defined in 47 U.S.C. § 522(6); telecommunications service as defined in 47 U.S.C. § 153(53); information service as defined in 47 U.S.C. Section 153(24), as each such term existed on January 1, 2019; or wireless services. (j) “Consolidated Application” means an application for the collocation of multiple small wireless facilities on existing poles or support structures or for the installation, modification, or replacement of multiple poles and the collocation of associated small wireless facilities. (k) “Decorative Pole” means an authority pole that is specially designed and placed for aesthetic purposes. (l) “Electric Supplier” means any electric light and power company subject to regulation by the Georgia Public Service Commission, any electric membership corporation furnishing retail service in this state, and any municipality which furnishes such service within this state. (m) “Eligible Facilities Request” means an eligible facilities request as set forth in 47 C.F.R. § 1.40001(b)(3), as it existed on January 1, 2019. (n) “FCC” means the Federal Communications Commission of the United States. (o) “Fee” means a one-time, nonrecurring charge based on time and expense. (p) “Historic District” means: (i) any district, site, building, structure, or object included in, or eligible for inclusion in, the National Register of Historic Places maintained by the secretary of the interior of the United States in accordance with Section VI.D.1.a.i- v of the Nationwide Programmatic Agreement codified by 47 C.F.R. Part 1; (ii) any area designated as a historic district under Article 2 of Chapter 10 of Title 44, the Georgia Historic Preservation Act'; or (iii) any area designated as a historic district or property by law prior to April 26, 2019. (q) “Law” means and includes any and all federal, state, or local laws, statutes, common laws, codes, rules, regulations, orders, or ordinances. (r) “Micro Wireless Facility” means a small wireless facility not larger in dimension than 24 inches in length, 15 inches in width, and 12 inches in height that has an exterior antenna, if any, no longer than 11 inches. (s) “Permit” means a written authorization, in electronic or hard copy format, required to be issued by the City to initiate, continue, or complete the collocation of a small wireless facility or the installation, modification, or replacement of a pole or decorative pole upon which a small wireless facility is collocated. (t) “Person” means an individual, corporation, limited liability company, partnership, association, trust, or other entity or organization, including an authority. (u) “Pole” means a vertical pole such as a utility, lighting, traffic, or similar pole made of wood, concrete, metal, or other material that is lawfully located or to be located within a right of way, including without limitation a replacement pole and an authority pole. Such term shall not include a support structure, decorative pole, or electric transmission structure. (v) “Rate” means a recurring charge. (w) “Reconditioning Work” means the activities associated with substantially painting, reconditioning, improving, or repairing authority poles. (x) “Replace,” “Replacement” or “Replacing” means to replace a pole or decorative pole with a new pole or a new decorative pole, similar in design, size, and scale to the existing pole or decorative pole consistent with 47 C.F.R. § 1.40001(b)(7) as it existed on January 1, 2019, in order to address limitations of, or change requirements applicable to, the existing pole to structurally support the collocation of a small wireless facility. (y) “Replacement Work” means the activities associated with replacing an authority pole. (z) “Right of Way” means, generally, property or any interest therein, whether or not in the form of a strip, which is acquired for or devoted to a public road; provided, however, that such term shall apply only to property or an interest therein that is under the ownership or control of the City and shall not include property or any interest therein acquired for or devoted to an interstate highway or the public rights, structures, sidewalks, facilities, and appurtenances of buildings for public equipment and personnel used for or engaged in administration, construction, or maintenance of public roads or research pertaining thereto or scenic easements and easements of light, air, view and access. (aa) “Small Wireless Facility” means radio transceivers; surface wave couplers; antennas; coaxial, fiber optic, or other cabling; power supply; backup batteries; and comparable and associated equipment, regardless of technological configuration, at a fixed location or fixed locations that enable communication or surface wave communication between user equipment and a communications network and that meet both of the following qualifications: (i) each wireless provider's antenna could fit within an enclosure of no more than six cubic feet in volume; and (ii) all other wireless equipment associated with the facility is cumulatively no more than 28 cubic feet in volume, measured based upon the exterior dimensions of height by width by depth of any enclosure that may be used. The following types of associated ancillary equipment are not included in the calculation of the volume of all other wireless equipment associated with any such facility: electric meters; concealment elements; telecommunications demarcation boxes; grounding equipment; power transfer switches; cut-off switches; and vertical cable runs for connection of power and other services. Such term shall not include a pole, decorative pole, or support structure on, under, or within which the equipment is located or collocated or to which the equipment is attached and shall not include any wireline backhaul facilities or coaxial, fiber optic, or other cabling that is between small wireless facilities, poles, decorative poles, or support structures or that is not otherwise immediately adjacent to or directly associated with a particular antenna. (bb) “State” means the State of Georgia. (cc) “Support Structure” means a building, billboard, water tank, or any other structure to which a small wireless facility is or may be attached. Such term shall not include a decorative pole, electric transmission structure, or pole. (dd) “ Wireless Infrastructure Provider” means any person, including a person authorized to provide telecommunications services in this state, that builds, installs, or operates small wireless facilities, poles, decorative poles, or support structures on which small wireless facilities are or are intended to be used for collocation but that is not a wireless services provider. (ee) “Wireless Provider” means a wireless infrastructure provider or a wireless services provider. (ff) “Wireless Services” means any services provided to the public using licensed or unlicensed spectrum, including the use of Wi-Fi, whether at a fixed location or mobile. (gg) “Wireless Services Provider” means a person that provides wireless services. (hh) “Wireline Backhaul Facility” means an aboveground or underground wireline facility used to transport communications data from a telecommunications demarcation box associated with small wireless facility to a network. Section 1.5 In the event that any federal or state law containing definitions used in this Ordinance is amended, the definition in the referenced section, as amended, shall control. DIVISION III PERMITS Section 1.6 A permit is required to collocate a small wireless facility in the public right of way or to install, modify, or replace a pole or a decorative pole in the public right of way. A permit is not required to perform the activities described in O.C.G.A. § 36-66C-6(e) or (f). Section 1.7 Any person seeking to collocate a small wireless facility in the public right of way or to install, modify, or replace a pole or a decorative pole in the public right of way shall submit an application to the Public Works Department for a permit. Applications are available from the Public Works Department. Any material change to information contained in an application shall be submitted in writing to the Public Works Department within thirty (30) days after the events necessitating the change. Section 1.8 Any person who intends to submit an application to the City pursuant to this Ordinance shall meet with the Public Works Department at least thirty (30) days prior to submitting an application for a permit. The purpose of such meeting shall be to inform the City, in good faith, when the applicant expects to commence deployment of small wireless facilities and poles within the City, the number of small wireless facilities and poles it expects to deploy during the twenty- four (24) months after commencement, and the expected timing of such deployments. Section 1.9 Each application shall be submitted by the applicable wireless provider or its duly authorized representative and shall contain the following: (a) The applicant’s name, address, telephone number, and email address, including emergency contact information for the applicant; (b) The names, addresses, telephone numbers, and email addresses of all consultants, if any, acting on behalf of the applicant with respect to filing the application; (c) A general description of the proposed work and the purposes and intent of the proposed facility. The scope and detail of such description shall be appropriate to the nature and character of the phys ical work to be performed, with special emphasis on those matters likely to be affected or impacted b y the physical work proposed; (d) Detailed construction drawings regarding the proposed use of the right of way; (e) To the extent the proposed facility involves collocation on a pole or support structure, a structural report performed by a duly licensed engineer evidencing that the pole or support structure will structurally support the collocation (or that the pole or support structure may and will be modified to meet structural requirements) in accor dance with applicable codes; (f) For any new aboveground facilities, visual depictions or representations if not included in the construction drawings; (g) Information indicating the horizontal and approximate vertical location, relative to the boundaries of the right of way, of the small wireless facility for which the application is being submitted; (h) If the application is for the installation of a pole, a certification that complies with O.C.G.A. § 36-66C-6(k); (i) If the small wireless facility will be collocated on a pole or support structure owned by a third party, a certification that the wireless provider has permission from the owner to collocate on the pole or support structure; and (j) If the applicant is not a wireless services provider, a certification that a wireless services provider has requested in writing that the applicant collocate the small wireless facilities or install, modify or replace the pole or decorative pole at the requested location Section 1.10 Each application for a permit shall include the maximum application fees permitted under O.C.G.A. § 36-66C-5(a)(1), (a)(2) and (a)(3). Such maximum application fees shall automatically increase on January 1 of each year beginning January 1, 2021, as provided under O.C.G.A. § 36-66C-5(b). Section 1.11 The Public Works Department shall review applications for permits according to the timelines and using the procedures identified in O.C.G.A. §§ 36-66C-7 and 36- 66C-13. Section 1.12 Applications for permits shall be approved unless the requested collocation of a small wireless facility or the requested installation, modification, or replacement of a pole or decorative pole: (a) Interferes with the operation of traffic control equipment; (b) Interferes with sight lines or clear zones for transportation or pedestrians; (c) Fails to comply with the Americans with Disabilities Act, 42 U.S.C. Section 12101, et seq., or similar Laws of general applicability regarding pedestrian access or movement; (d) Requests that ground-mounted small wireless facility equipment be located more than seven and a half (7.5) feet in radial circumference from the base of the pole, decorative pole or support structure to which the small wireless facility antenna would be attached, provided that the City shall not deny the application if a greater distance from the base of the pole, decorative pole or support structure is necessary to avoid interfering with sight lines or clear zones for transportation or pedestrians or to otherwise to protect public safety; (e) Fails to comply with applicable codes; (f) Fails to comply with the maximum limitations set forth in DIVISION V of this Ordinance of O.C.G.A. § 36-66C-7(h) or (i); (g) With respect to an application to install a pole or decorative pole, interferes with the widening, repair, reconstruction, or relocation of a public road or highway by an City or the Department of Transportation that has been advertised for bid and scheduled for completion within six months after the application is filed; (h) With respect to an application to install a pole or decorative pole, interferes with a public works construction project governed by Chapter 91 of Title 36 which is advertised for bid and scheduled for completion within six months after the application is filed; (i) Fails to comply with O.C.G.A. § 36-66C-10, O.C.G.A. § 36-66C-11, or O.C.G.A. § 36-66C-12; (j) Fails to comply with laws of general applicability addressing pedestrian and vehicular traffic and safety requirements; or (k) Fails to comply with laws of general applicability that address the occupancy or management of the right of way and that are not otherwise inconsistent with this Ordinance. Section 1.13 For applications for new poles in the public right of way in areas zoned for residential use, the Public Works Department may propose an alternate location in the public right of way within 100 feet of the location set forth in the application, and the wireless provider shall use the Public Works Department’s proposed alternate location unless the location imposes technical limits or significant additional costs. The wireless provider shall certify that it has made such a determination in good faith, based on the assessment of a licensed engineer, and it shall provide a written summary of the basis for such determination. Section 1.14 A permit issued under this 0 shall authorize such person to occupy the public rights of way to: (i) collocate a small wireless facility on or adjacent to a pole or a support structure that does not exceed the limitations set forth in O.C.G.A. § 36-66C-7(h)(3) or on or adjacent to a decorative pole in compliance with O.C.G.A. § 36-66C-12; and (ii) install, modify, or replace a pole or decorative pole for collocation of a small wireless facility that does not exceed the limitations set forth in O.C.G.A. § 36-66C-7(h)(1) and (h)(2). Section 1.15 Upon the issuance of a permit under this Ordinance, and on each anniversary of such issuance, every person issued a permit shall submit to the City the maximum annual payments permitted under O.C.G.A. § 36-66C-5(a)(4) and (a)(5); provided, however, that if such person removes its small wireless facilities form the public rights of way pursuant to O.C.G.A. § 36-66C-5(e), then such person shall be responsible for the pro rata portion of the annual payment based on the number of days of occupation since the last annual payment. Upon making such pro rata payment and removal of the small wireless facilities, the person’s annual payment obligations under this section shall cease as of the date of the actual removal . The maximum annual payments shall automatically increase on January 1 of each year beginning January 1, 2021, as provided under O.C.G.A. § 36-66C-5(b). Section 1.16 Any person issued a permit shall pay the fees identified in O.C.G.A. § 36- 66C-5(a)(6) and (a)(7), as applicable. Section 1.17 The City may revoke a permit issued pursuant to this 0 if the wireless provider or its equipment placed in the public right of way under that permit subsequently is not in compliance with any provision of this Ordinance or the Georgia Streamlining Wireless Facilities and Antennas Act. Upon revocation, the City may proceed according to Section 1.18. Section 1.18 If a wireless provider occupies the public rights of way without obtaining a permit required by this 0 or without complying with the SWFAA, then the City may, at the sole discretion of the City, restore the right of way, to the extent practicable in the reasonable judgment of the City, to its condition prior to the unpermitted collocation or installation and to charge the responsible wireless provider the reasonable, documented cost of the City in doing so, plus a penalty not to exceed $1,000.00. The City may suspend the ability of the wireless provider to receive any new permits from the City under this 0 until the wireless provider has paid the amount assessed for such restoration costs and the penalty assessed, if any; provided, however, that the City may not suspend such ability of any applicant that has deposited the amount in controversy in escrow pending an adjudication of the merits of the dispute by a court of competent jurisdiction. Section 1.19 All accepted applications for permits shall be publicly available subject to the limitations identified in O.C.G.A. § 36-66C-6(c). Section 1.20 An applicant may file a consolidated application related to multiple small wireless facilities, poles or decorative poles so long as such consolidated application meets the requirements of O.C.G.A. § 36-66C-13. Section 1.21 Activities authorized under a permit shall be completed within the timelines provided in O.C.G.A. § 36-66C-7(k)(2). Section 1.22 Issuance of a permit authorizes the applicant to: (i) undertake the collocation, installation, modification or replacement approved by the permit and (ii) operate and maintain the small wireless facilities and any associated pole covered by the permit for a period of ten (10) years. Section 1.23 Permits shall be renewed following the expiration of the term identified in Section 1.22 upon the terms and conditions identified in O.C.G.A. § 36-66C-7(k)(2)(B). Section 1.24 If an application for a permit seeks to collocate small wireless facilities on authority poles in the public rights of way, then the City shall, within 60-days of receipt of the completed application: (i) provide a good faith estimate for any make-ready work necessary to enable the authority pole to support the proposed facility; or (ii) notify the wireless provider that the wireless provider will be required to perform the make-ready work. Any make-ready work performed by the City shall be completed pursuant to and in accordance with the provisions of O.C.G.A. § 36-66C-7(n). DIVISION IV REMOVAL; RELOCATION; RECONDITIONING; REPLACEMENT; ABANDONMENT Section 1.25 A person may remove its small wireless facilities from the public rights of according to the procedures of O.C.G.A. § 36-66C-5(e). Section 1.26 In the event of a removal under Section 1.25, the right of way shall be, to the extent practicable in the reasonable judgment of the City, restored to its condition prior to the removal. If a person fails to return the right of way, to the extent practicable in the reasonable judgment of the City, to its condition prior to the removal within 90 days of the removal, the City may, at the sole discretion of the City, restore the right of way to such condition and charge the person the City’s reasonable, documented cost of removal and restoration, plus a penalty not to exceed $500.00. The City may suspend the ability of the person to receive any new permits under 0 until the person has paid the amount assessed for such restoration costs and the penalty assessed, if any; provided, however, that the City will not suspend such ability of any person that has deposited the amount in controversy in escrow pending an adjudication of the merits of the dispute by a court of competent jurisdiction. Section 1.27 If, in the reasonable exercise of police powers, the City determines: (i) a pole or support structure unreasonably interferes with the widening, repair, reconstruction, or relocation of a public road or highway, or (ii) relocation of poles, support structures, or small wireless facilities is required as a result of a public project, the wireless provider shall relocate such poles, support structures, or small wireless facilities pursuant to and in accordance with the provisions of O.C.G.A. § 36-66C-7(l). If the wireless provider fails to relocate a pole, support structure or small wireless facility or fails to provide a written good faith estimate of the time needed to relocate the pole, support structure or small wireless within the time period prescribed in O.C.G.A. § 36-66C-7(l), the City make take the actions authorized by O.C.G.A. § 36-66C-7(o), in addition to any other powers under applicable law. Section 1.28 The City shall recondition and replace authority poles consistent with the provisions of O.C.G.A. § 36-66C-7(m). Wireless providers shall accommodate and cooperate with reconditioning and replacement consistent with the provisions of O.C.G.A. § 36-66C-7(m). Section 1.29 A wireless provider must notify the City of its decision to abandon any small wireless facility, support structure or pole pursuant to and in accordance with the provisions of O.C.G.A. § 36-66C-7(p)(1). The wireless provider shall perform all acts and duties identified in O.C.G.A. § 36-66C-7(p) regarding abandonment. The City may take all actions and exercise all powers authorized under O.C.G.A. § 36-66C-7(p) upon abandonment, in addition to any other powers under applicable law. DIVISION V STANDARDS Section 1.30 Small wireless facilities and new, modified, or replacement poles to be used for collocation of small wireless facilities may be placed in the public right of way as a permitted use: (i) upon a receipt of a permit under 0; (ii) subject to applicable codes; and (iii) so long as such small wireless facilities and new, modified, or replacement poles to be used for collocation of small wireless facilities comply with the appropriate provisions of O.C.G.A. § 36-66C-7(h). (a) New, modified, or replacement poles installed in the right of way in a historic district and in an area zoned primarily for residential use shall not exceed 50 feet above ground level. (b) Each new, modified, or replacement pole installed in the right of way that is not in a historic district or in an area zoned primarily for residential use shall not exceed the greater of: (i) Fifty feet above ground level; or (ii) Ten feet greater in height above ground level than the tallest existing pole in the same public right of way in place as of January 1, 2019, and located within 500 feet of the new proposed pole; (c) New small wireless facilities in the public right of way and collocated on an existing pole or support structure shall not exceed more than ten feet above the existing pole or support structure. (d) New small wireless facilities in the public right of way collocated on a new or replacement pole under Section 1.30(a) or Section 1.30(b) may not extend above the top of such poles. Section 1.31 Unless it is determined that another design is less intrusive, or placement is required under applicable law, small wireless facilities shall be concealed as follows: (a) Antennas located at the top of poles and support structures shall be incorporated into the pole or support structure, or placed within shrouds of a size such that the antenna appears to be part of the pole or support structure; (b) Antennas placed elsewhere on a pole or support structure shall be integrated into the pole or support structure, or be designed and placed to minimize visual impacts. (c) Radio units or equipment cabinets holding radio units and mounted on a pole shall be placed as high as possible, located to avoid interfering with, or creating any hazard to, any other use of the public rights of way, and located on one side of the pole. Unless the radio units or equipment cabinets can be concealed by appropriate traffic signage, radio units or equipment cabinets mounted below the communications space on poles shall be designed so that the largest dimension is vertical, and the width is such that the radio units or equipment cabinets are minimally visible from the opposite side of the pole on which they are placed. (d) Wiring and cabling shall be neat and concealed within or flush to the pole or support structure, ensuring concealment of these components to the greatest extent possible. Section 1.32 Notwithstanding any provision of this Ordinance to the contrary, an applicant may collocate a small wireless facility within a historic district, and may place or replace a pole within a historic district, only upon satisfaction of the following: (i) issuance of a permit under 0 and (ii) compliance with applicable codes. Section 1.33 Notwithstanding any provision of this Ordinance to the contrary, an applicant may collocate a small wireless facility on a decorative pole, or may replace a decorative pole with a new decorative pole, in the event the existing decorative pole will not structurally support the attachment, only upon satisfaction of the following: (i) issuance of a permit under 0 and (ii) compliance with applicable codes. TO: FROM: MILTON ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM City Council DATE: September 4, 2019 Steven Krokoff, City Manager AGENDA ITEM: Consideration of a Resolution Adopting the Capital Improvements Element 2019 Annual Update, Relating to the City's Impact Fee Program. MEETING DATE: Monday, September 9, 2019 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: ()XPPROVED (J NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: (4,"YES () NO CITY ATTORNEY REVIEW REQUIRED: ().-YES () NO APPROVAL BY CITY ATTORNEY. (,)/APPROVED () NOT APPROVED PLACED ON AGENDA FOR: 010912,,e, 2006 Heritage Walk Milton, GA P: 678.242.2500 1 F: 678.242.2499 info9dtyofmiltonga.u5 I www.dfyofmiltonga.u5 0000 To: Honorable Mayor and City Council Members From: Parag Agrawal, Community Development Director Date: Submitted on September 3, 2019 for the September 9th, 2019 Regular Council Meeting Agenda Item: Consideration of a Resolution Adopting the Capital Improvements Element 2019 Annual Update, Relating to the City’s Impact Fee Program. ______________________________________________________________________________ Department Recommendation: Approval. Executive Summary: As a municipality that collects Impact Fees, a Capital Improvements Element (CIE) Annual Update is required per the Georgia Department of Community Affairs (DCA). The 2019 CIE update contains the five-year project lists for impact fee eligible items based on the previously adopted 2018 CIE. A CIE Annual Update was prepared by the city’s impact fee consultants, Ross+ Associates. The document was reviewed by staff and discussed at the July 15, 2019 council session. A public hearing was held on July 22, 2019 and the council approved a resolution to transmit the draft 2019 CIE Annual Update for State and regional review. The Atlanta Regional Commission and the Georgia Department of Community Affairs have reviewed the 2019 Capital Improvements Element Annual Update, and in a letter dated August 27, 2019 have found it to be consistent with all State and Regional requirements. Funding and Fiscal Impact: None. Alternatives: None Legal Review: Paul Frickey – Jarrard & Davis 08-30-2019 Concurrent Review: Steve Krokoff Attachment(s): 2019 Capital Improvements Element (CIE) Annual Update 2019 Resolution to Adopt Approval letter from ARC dated 8-27-2019 Capital Improvements Element 2019 Annual Update Fiscal Year 2018 (10/1/17—9/30/18) Financial Report & Community Work Program City of Milton, Georgia ADOPTED: September 9, 2019 Introduction City of Milton 2019 CIE Annual Update ___________ As Adopted September 9, 2019 _____________________________________ page 1 This Capital Improvements Element Annual Update has been prepared based on the rules and regulations pertaining to impact fees in Georgia, as specified by the Devel- opment Impact Fee Act (DIFA) and the De- partment of Community Affairs (DCA) docu- ments Development Impact Fee Compliance Requirements and Standards and Proce- dures for Local Comprehensive Planning. These three documents dictate the essential elements of an Annual Update, specifically the inclusion of a financial report and a schedule of improvements. According to DCA’s Compliance Require- ments, the Annual Update: “must include: 1) the Annual Report on impact fees required under O.C.G.A. 36- 71-8; and 2) a new fifth year schedule of improvements, and any changes to or re- visions of previously listed CIE projects, including alterations in project costs, pro- posed changes in funding sources, con- struction schedules, or project scope.” (Chapter 110-12-2-.03(2)(c)) This Annual Update itself is based on the City of Milton’s Capital Improvements Ele- ment, as adopted by the City September 21, 2015. 1 Note that DCA’s Compliance Requirements specify that the work program is to meet the requirements of Chapter 110-12-1-.04(7)(a), which is a reference to the work program requirements in a previous version Financial Report The Financial Report included in this document is based on the require- ments of DIFA, specifically: “As part of its annual audit pro- cess, a municipality or county shall prepare an annual report describing the amount of any development impact fees collected, encumbered, and used during the preceding year by category of public facility and service area.” (O.C.G.A. 36-71- 8(c)) The required financial information for each public facility category appears in the main financial table (page 2); each of the public facility categories has a single, city-wide service area. The sta- tus of all impact fee projects, by public facility category, is shown on the ta- bles on pages 3, 4, 5 and 6. The City’s fiscal year runs from Octo- ber 1 to September 30. of the Standards and Procedures for Local Com- prehensive Planning. The correct current de- scription is found at Chapter 110-12-1- Schedule of Improvements In addition to the financial report, the City has prepared a five-year schedule of im- provements—a community work program (CWP)—as specified in DCA’s Compliance Requirements (Chapter 110-12-2- .03(2)(c)), which states that local govern- ments that have a CIE must “update their entire Short Term [i.e., Community] Work Programs annually.”)1. According to DCA’s requirements,2 the CWP must include: A brief description of the activity; Legal authorization, if applicable; Timeframe for undertaking the activity; Responsible party for implementing the activity; Estimated cost (if any) of implementing the activity; and, Funding source(s), if applicable. All of this information appears in the Com- munity Work Program portion of this docu- ment, beginning on page 7. .04(2)(b)1. 2 Chapter 110-12-1-.03(3). Financial Report City of Milton 2019 CIE Annual Update __________ As Adopted September 9, 2019 ______________________________________ page 2 IMPACT FEES FINANCIAL REPORT – CITY OF MILTON, GA Fiscal Year 2018 City of Milton Public Facility Parks & Recreation Fire Protection Law Enforcement Roads Adminis- tration TOTAL Impact Fee Fund Balance October 1, 2017 1,453,059.38$ 133,177.23$ 31,966.78$ 133,951.03$ -$ 1,752,154.42$ Impact Fees Collected (October 1, 2017 through September 30, 2018)789,317.70$ 77,990.05$ 13,607.48$ 125,076.09$ 30,180.25$ 1,036,171.57$ Subtotal: Fee Accounts 2,242,377.08$ 211,167.28$ 45,574.26$ 259,027.12$ 30,180.25$ 2,788,325.99$ Accrued Interest 325.67$ 30.59$ 5.33$ 43.35$ 25.91$ 430.85$ (Impact Fee Refunds)(6,215.10)$ (543.57)$ (94.86)$ (678.36)$ (225.96)$ (7,757.85)$ (Expenditures)(671,073.95)$ -$ -$ (205,425.00)$ (27,000.00)$ (903,498.95)$ Impact Fee Fund Balance September 30, 2018 1,565,413.70$ 210,654.30$ 45,484.73$ 52,967.11$ 2,980.20$ 1,877,500.04$ Impact Fees Encumbered 1,565,413.70$ 210,654.30$ 45,484.73$ 52,967.11$ 1,874,519.84$ Annual Impact Fee Financial Report - Fiscal Year 2018 Financial Report City of Milton 2019 CIE Annual Update __________ As Adopted September 9, 2019 ______________________________________ page 3 Public Facility: Responsible Party:Parks and Recreation Department Service Area: Project Description Project Start Date Project End Date Local Cost of Project* Maximum % of Funding from Impact Fees Max Funding from Impact Fees* FY 2018 Impact Fees Expended Impact Fees Expended (Previous Years) Total Impact Fees Expended to Date Impact Fees Encumbered Status/Remarks Park Land (455 acres)2017 2035 68,665,646.59$ 67.39%46,275,786.85$ 671,073.95$ 185,322.50$ 856,396.45$ $ 1,453,059.38 Trailhead Park, Mayfield Farm Park, Milton County Club Conservation Easements (2747 ac)2017 2035 37,687,219.02$ 41.44%15,616,326.67$ -$ -$ Land for Trails (110 acres)2017 2035 22,637,026.35$ 41.39%9,369,796.00$ -$ -$ 112,354.32$ Baseball Fields (8)2022 2035 2,416,978.76$ 63.80%1,541,931.23$ -$ -$ Football/Soccer/Lacrosse (2)2022 2035 277,625.94$ 89.85%249,433.52$ -$ -$ Basketball Courts (11)2022 2035 898,201.57$ 42.18%378,852.88$ -$ -$ Playgrounds (Structured) (34)2020 2035 1,665,755.63$ 42.89%714,408.29$ -$ 21,445.00$ 21,445.00$ Broadwell Park Picnic Shelters / Pavilions (34)2020 2035 4,997,266.90$ 42.89%2,143,224.88$ -$ -$ Community Centers (4)2024 2035 2,605,646.33$ 42.53%1,108,195.49$ -$ -$ Delayed Multi-Use Trails (90.76 miles)2020 2035 62,195,885.85$ 42.48%26,419,298.43$ -$ -$ 204,047,252.94$ 103,817,254.24$ $671,073.95 206,767.50$ 877,841.45$ 1,565,413.70$ *All costs are Net Present Value per CIE adopted September 21, 2015. Maximum funding based on percent impact fee eligible. When impact fees are initially calucated for proposed projects, they are based on estimated costs, and the percentage of the estimate that is impact fee eligible is calculated based on the Level of Service standards in the Capital Improvements Element, which yielded the proportion of the project that is required to meet the needs of future growth and develop- ment. When a project is completed, the actual cost is then known and, based on the percent eligible for impact fee funding, the actual amount of impact fee collections that can be expended on the project is revised accordingly so that the proportional share of the project attributable to new growth and development is not exceeded. NOTE: For projects that are not 100% impact fee funded, funding may be provided from the General Fund, the Capital Projects Fund or other local taxation sources, as determined during the annual budget adoption process. Parks and Recreation City-wide Financial Report City of Milton 2019 CIE Annual Update __________ As Adopted September 9, 2019 ______________________________________ page 4 Public Facility: Responsible Party:Fire Department / Administration Service Area: Project Description Project Start Date Project End Date Local Cost of Project* Maximum % of Funding from Impact Fees Max Funding from Impact Fees* FY 2018 Impact Fees Expended Impact Fees Expended (Previous Years) Total Impact Fees Expended to Date Impact Fees Encumbered Status/Remarks Emergency Warning Sirens 2014 2018 216,329.00$ 41.44%89,646.74$ -$ -$ Storage Facility 2017 2019 267,096.40$ 100.00%267,096.40$ -$ -$ 40,251.67$ To be completed in 2019 Fire Station 42 Replacement 2020 2022 1,389,243.43$ 40.00%555,697.37$ -$ -$ 170,402.63$ Training Facility 2017 2017 430,176.66$ 100.00%430,176.66$ -$ 50,000.00$ 50,000.00$ Completed Westside Fire Station **2024 2026 1,501,562.50$ 66.67%1,001,091.72$ -$ -$ Hwy 9 Fire Station **2017 2020 1,428,686.06$ 100.00%1,428,686.06$ -$ -$ General Vehicle 2015 2015 38,609.80$ 100.00%38,609.80$ -$ -$ Completed Heavy Vehicle 2016 2016 453,066.46$ 100.00%453,066.46$ -$ -$ Completed General Vehicle 2020 2020 39,442.62$ 100.00%39,442.62$ -$ -$ Heavy Vehicle 2018 2018 462,839.28$ 100.00%462,839.28$ -$ -$ Delayed; 2019 completion General Vehicle 2022 2022 40,725.67$ 100.00%40,725.67$ -$ -$ Heavy Vehicle 2021 2021 477,895.17$ 100.00%477,895.17$ -$ -$ General Vehicle 2024 2024 42,050.45$ 100.00%42,050.45$ -$ -$ Heavy Vehicle 2024 2024 493,440.83$ 100.00%493,440.83$ -$ -$ Heavy Vehicle 2027 2027 509,492.17$ 100.00%509,492.17$ -$ -$ General Vehicle 2029 2029 43,884.11$ 100.00%43,884.11$ -$ -$ Heavy Vehicle 2030 2030 526,065.66$ 94.36%496,408.38$ -$ -$ General Vehicle 2033 2033 45,797.72$ 94.36%43,215.84$ -$ -$ Heavy Vehicle 2033 2033 543,178.27$ 0.00%-$ -$ -$ General Vehicle 2034 2034 47,287.49$ 0.00%-$ -$ -$ 8,996,869.75$ 6,913,465.73$ -$ 50,000.00$ 50,000.00$ 210,654.30$ *All costs are Net Present Value per CIE adopted September 21, 2015. Maximum funding based on percent impact fee eligible. When impact fees are initially calucated for proposed projects, they are based on estimated costs, and the percentage of the estimate that is impact fee eligible is calculated based on the Level of Service standards in the Capital Improvements Element, which yielded the proportion of the project that is required to meet the needs of future growth and develop- ment. When a project is completed, the actual cost is then known and, based on the percent eligible for impact fee funding, the actual amount of impact fee collections that can be expended on the project is revised accordingly so that the proportional share of the project attributable to new growth and development is not exceeded. **Percent impact fee eligible revised due to change in anticipated year of expenditure. NOTE: For projects that are not 100% impact fee funded, funding may be provided from the General Fund, the Capital Projects Fund or other local taxation sources, as determined during the annual budget adoption process. Fire Protection City-wide Facilities Vehicles NOTE: For projects that have been completed and paid for (or are not eligible for impact fee funding), the cells in the "FY2018 Impact Fees Expended" column are shaded out, indicating that no impact fees or additional impact fees will be expended on those projects. Financial Report City of Milton 2019 CIE Annual Update __________ As Adopted September 9, 2019 ______________________________________ page 5 Public Facility: Responsible Party:Police Department / Administration Service Area: Project Description Project Start Date Project End Date Local Cost of Project* Maximum % of Funding from Impact Fees Max Funding from Impact Fees* FY 2018 Impact Fees Expended Impact Fees Expended (Previous Years) Total Impact Fees Expended to Date Impact Fees Encumbered Status/Remarks Law Enforcement Center, Phase 1 2016 2017 30,947.62$ 41.44%12,825.42$ -$ - -$ Law Enforcement Center, Phase 2 2018 2018 1,729,358.54$ 41.44%716,686.51$ -$ - -$ Law Enforcement Center, Phase 3 2019 2020 2,738,978.49$ 41.44%1,135,096.56$ -$ - -$ 45,484.73$ Delayed; 2020 completion 4,499,284.65$ 1,864,608.49$ -$ -$ -$ 45,484.73$ *All costs are Net Present Value per CIE adopted September 21, 2015. Maximum funding based on percent impact fee eligible. When impact fees are initially calucated for proposed projects, they are based on estimated costs, and the percentage of the estimate that is impact fee eligible is calculated based on the Level of Service standards in the Capital Improvements Element, which yielded the proportion of the project that is required to meet the needs of future growth and develop- ment. When a project is completed, the actual cost is then known and, based on the percent eligible for impact fee funding, the actual amount of impact fee collections that can be expended on the project is revised accordingly so that the proportional share of the project attributable to new growth and development is not exceeded. NOTE: For projects that are not 100% impact fee funded, funding may be provided from the General Fund, the Capital Projects Fund or other local taxation sources, as determined during the annual budget adoption process. City-wide Law Enforcement Financial Report City of Milton 2019 CIE Annual Update __________ As Adopted September 9, 2019 ______________________________________ page 6 Public Facility: Responsible Party:Public Works Service Area: Project Description Project Start Date Project End Date Local Cost of Project* Maximum % of Funding from Impact Fees Max Funding from Impact Fees* FY 2018 Impact Fees Expended Impact Fees Expended (Previous Years) Total Impact Fees Expended to Date Impact Fees Encumbered Status/Remarks Intersection-Hopewell/Francis/Cogburn 2014 2014 992,103.00$ 40.1%397,918.39$ -$ -$ Complete Intersection-Deerfield Pkwy @ Morris Rd 2014 2014 85,206.00$ 40.1%34,174.91$ -$ -$ Complete Intersection-Bethany @ Cogburn 2014 2014 446,923.00$ 40.1%179,254.45$ -$ -$ Complete Intersection-Arnold Mill @ New Providence 2014 2014 313,300.00$ 40.1%125,660.17$ -$ -$ Complete Intersection-Birmingham @ Providence 2014 2014 852,581.00$ 40.1%341,958.10$ -$ -$ Complete Intersection-Hopewell @ Birmingham**2015 2015 1,700,234$ 40.1%681,939.66$ -$ 96,000.00$ 96,000.00$ Complete Intersection-Crabapple @ Birmingham 2014 2018 1,353,263.94$ 40.1%542,774.90$ -$ -$ Complete Transportation Master Plan Update 2015 2016 231,044.84$ 40.1%92,668.80$ -$ -$ Complete McGinnis Ferry Interchange 2015 2015 51,343.30$ 40.1%20,593.07$ -$ -$ Complete Crabapple NE Connector Rd 2017 2020 2,581,434.50$ 40.1%1,035,376.64$ -$ -$ Delayed Bridge Replacement Program 2014 2021 2,445,358.07$ 40.1%980,798.32$ -$ -$ Intersection-Freemanville @ Providence/B'ham 2015 2021 2,409,375.80$ 40.1%966,366.34$ 205,425.00$ 546.08$ 205,971.08$ 52,967.11$ Phase 1 Complete Phase 2 in 2021 Intersection-SR9 @ Bethany Bend 2014 2025 173,168.05$ 40.1%69,455.24$ -$ -$ Pushed back by GDOT Intersection-Webb Rd Turn Lanes 2015 2015 189,970.20$ 40.1%76,194.34$ -$ -$ Complete Intersection-Bethany @ Providence 2016 2022 1,794,032.06$ 40.1%719,560.72$ -$ -$ Intersection-Hopewell @ Bethany Bnd/ Way 2025 2025 3,346,503.60$ 40.1%1,342,234.96$ -$ -$ Intersection-Hopewell @ Redd Road 2015 2017 123,223.91$ 40.1%49,423.36$ -$ -$ Intersection-Hopewell @ Hamby 2020 2022 1,412,239.23$ 40.1%566,429.05$ -$ -$ Intersection-Hopewell @ Thompson 2021 2021 1,439,668.46$ 40.1%577,430.53$ -$ -$ Crabapple SE Connector 2021 2025 180,587.44$ 40.1%72,431.05$ -$ -$ Hopewell/Hamby Road Widening 2030 2030 7,991,049.35$ 40.1%3,205,096.16$ -$ -$ Morris Road Widening 2024 2024 9,125,056.76$ 40.1%3,659,930.39$ -$ -$ 39,237,666.52$ 15,737,669.56$ 205,425.00$ 96,546.08$ 301,971.08$ 52,967.11$ *All costs are Net Present Value per CIE adopted September 21, 2015, except as noted with " ** ", which are actual costs. Maximum funding based on percent impact fee eligible. When impact fees are initially calucated for proposed projects, they are based on estimated costs, and the percentage of the estimate that is impact fee eligible is calculated based on the Level of Service standards in the Capital Improvements Element, which yielded the proportion of the project that is required to meet the needs of future growth and develop- ment. When a project is completed, the actual cost is then known and, based on the percent eligible for impact fee funding, the actual amount of impact fee collections that can be expended on the project is revised accordingly so that the proportional share of the project attributable to new growth and development is not exceeded. **Actual cost figures related to impact fee funding shown for this project. NOTE: For projects that are not 100% impact fee funded, funding may be provided from the General Fund, the Capital Projects Fund or other local taxation sources, as determined during the annual budget adoption process. NOTE: For projects that have been completed and paid for (or are not eligible for impact fee funding), the cells in the "FY2018 Impact Fees Expended" column are shaded out, indicating that no impact fees or additional impact fees will be expended on those projects. Roads City-wide Community Work Program City of Milton 2019 CIE Annual Update _______ As Adopted September 9, 2019 ________________________________ page 7 The City adopted a Comprehensive Plan update which included a complete CWP covering the years 2017 to 2021 (including all projects eligible for impact fee funding). The master Community Work Program within the Comprehensive Plan update includes all project activities, including the specific impact fee eligible projects for the 2017-2021 timeframe. The following listing of impact fee projects is submitted as part of this CIE Annual Update report, updated to cover the 5-year period 2020-2024, and thereby amends the master CWP in the Comprehensive Plan. 2020-2024 Community Work Program – Impact Fee Eligible Projects Project Description 20202021202220232024Responsible Party Cost Estimate Funding Sources Notes/ Explanation Parks & Recreation Continue land acquisition program for park lands x x x x x Parks and Recreation $3,614,000 estimated annual average 67.39% Impact Fees; Bond Issue On-going debt service to bonds Continue acquisition program for conservation easements and multi-use trails x x x x x Parks and Recreation $3,175,000 estimated annual average 41.44% Impact Fees for conservation easements; 41.39% Impact Fees for multi- use trails; Bond issue On-going debt service to bonds Construction of multi-use trails x x x x x Parks and Recreation / Public Works $3,273,000 estimated annual average 42.48% Impact Fees; General Fund On-going annually Design and improve Providence Park: 1 Playground (structured) 1 Pavilion / Picnic Shelter 1 Multi-Use Trail (1 mi. est.) 1 Baseball Field x x Parks and Recreation $302,122 63.79% impact fees; General Fund $881,250 42.89% Impact Fees for playground and pavilion/picnic shelter; 42.48% Impact Fees for trail; General Fund Completion in 2022xxxParks and Recreation Community Work Program City of Milton 2019 CIE Annual Update _______ As Adopted September 9, 2019 ________________________________ page 8 Project Description 20202021202220232024Responsible Party Cost Estimate Funding Sources Notes/ Explanation Parks & Recreation con't 1 Football/Soccer/Lacrosse x x Parks and Recreation $138,813 89.85% impact fees; General Fund 2 Basketball Courts x x Parks and Recreation $163,309 42.18% impact fees; General Fund 1 Playground (Structured)x x Parks and Recreation $21,012 42.89% impact fees; General Fund 1 Picnic Shelters / Pavilions x x Parks and Recreation $63,036 42.89% impact fees; General Fund Design and construct a community center x Parks and Recreation $651,412 42.53% Impact Fees; General Fund Concept plan completion in 2024 Fire Construct Storage Facility Fire/ Administration $267,096 100% impact fees Underway - completion in 2019 Construct Hwy 9 Fire Station x Fire/ Administration $1,428,686 100% impact fees Completion in 2020 Replace Fire Station 42 x x x Fire/ Administration $1,389,243 40% impact fees; General Fund Completion in 2022 Construct Westside Fire Station x Fire/ Administration $1,501,563 66.67% impact fees; General Fund Completion in 2026 Purchase heavy vehicle x Fire/ Administration $477,895 100% impact fees Purchase general vehicle (2)x x Fire/ Administration $80,168 100% impact fees Purchase heavy vehicle x Fire/ Administration $493,441 100% impact fees Purchase general vehicle x Fire/ Administration $42,050 100% impact fees Police Design and construct Law Enforcement Center x Police/ Administration $4,499,285 41.44% impact fees; General Fund Underway - completion in 2020 Community Work Program City of Milton 2019 CIE Annual Update _______ As Adopted September 9, 2019 ________________________________ page 9 Project Description 20202021202220232024Responsible Party Cost Estimate Funding Sources Notes/ Explanation Transportation Bridge Replacement Program x x Public Works $2,445,358 40.1% impact fees; General Fund Annual improvements Intersection-Freemanville @ Providence & B'ham x x Public Works $2,409,376 40.1% impact fees; General Fund To be completed in phases; Phase 1 completed in 2019 (Freemanville@Providence), Phase 2 to be completed in 2021 Intersection-Bethany @ Providence x x x Public Works $1,794,032 40.1% impact fees; General Fund Completion in 2022 Intersection-Hopewell @ Hamby x x x Public Works $1,412,239 40.1% impact fees; General Fund Completion in 2022 Intersection-Hopewell @ Thompson x Public Works $1,439,668 40.1% impact fees; General Fund Completion in 2021 Crabapple SE Connector x x x x Public Works $180,587 40.1% impact fees; General Fund Completion in 2025 Crabapple NE Connector x Public Works $2,581,435 40.1% impact fees; General Fund Completion in 2020 Morris Road Widening x Public Works $9,125,057 40.1% impact fees; General Fund Completion in 2024 STATE OF GEORGIA COUNTY OF FULTON RESOLUTION NO. 19- A RESOLUTION ADOPTING THE CAPITAL IMPROVEMENTS ELEMENT 2019 ANNUAL UPDATE WHEREAS, On September 21, 2015, the City of Milton adopted a Capital Improvements Element (CIE) as an amendment to the Milton Comprehensive Plan; and WHEREAS, On September 24, 2018, the City adopted the 2018 Annual Update of the Capital Improvements Element; and WHEREAS, the City of Milton has prepared a 2019 Annual Update to the adopted Capital Improvements Element (including financial data for fiscal year 2018 as applicable); and WHEREAS, a proposed Capital Improvements Element 2019 Annual Update (a copy of which is attached hereto as Exhibit “A”) was prepared, submitted to, and reviewed by the Atlanta Regional Commission and the Georgia Department of Community Affairs in accordance with the “Development Impact Fee Compliance Requirements” and the “Minimum Planning Standards and Procedures for Local Comprehensive Planning” adopted by the Department of Community Affairs pursuant to the Georgia Planning Act of 1989; and WHEREAS, the Atlanta Regional Commission and the Georgia Department of Community Affairs have reviewed the 2019 Capital Improvements Element Annual Update, and on August 27, 2018, found it to be in compliance with all State and Regional requirements (a copy of the approval letter is attached hereto as Exhibit “B”); BE IT THEREFORE RESOLVED that the Milton City Council does hereby adopt the Capital Improvements Element 2019 Annual Update attached hereto as Exhibit “A”, in accordance with the requirements of the Development Impact Fee Compliance Requirements adopted pursuant to the Georgia Planning Act of 1989. RESOLVED this 9th day of September, 2019. _________________________ Joe Lockwood, Mayor Attest: _____________________________ Sudie AM Gordon, City Clerk A0 i II, *iZ7 Atlanta Regional Commission August 27, 2019 Mayor Joe Lockwood City of Milton 2006 Heritage Walk Milton, Georgia 30004 RE: 2019 Capital Improvement Element (CIE) Annual Update Dear Mayor Lockwood, ARC has completed the regional review of the 2019 Capital Improvement Element (CIE) Annual Update for the City of Milton. We are pleased to inform you that the Georgia Department of Community Affairs (DCA) has determined that the update conforms to the Development Impact Fee Compliance Requirements and the Minimum Standards and Procedures for Local Comprehensive Planning. Renewal of Qualified Local Government (QLG) status is contingent on local adoption of the update, which may take place at any time. Prior to adoption, please review and consider the attached advisory comments from ARC's Transportation Planning Group. Once adopted, please send ARC digital copies of the adoption resolution and the final, "as adopted" CIE update document, so that we may forward them to DCA. Upon receiving notice that the update has been adopted, DCA will renew the City's QLG status. I commend your leadership and your staff for the City's commitment to the comprehensive planning process. Please contact Andrew Smith at (470) 378-1645 or as_m_ith@atlantaregional.ore if you have any questions or if we can provide further assistance. Sincerely, Samyukth Shenbaga, AICP Manager, ARC Community Development Group Enclosures Cc: Michele McIntosh -Ross, Principal Planner, City of Milton Community Development atlantaregional.org International Tower 229 Peachtree St. NE Suite 100 Atlanta, Georgia 30303 1 Andrew Smith From:Jon West <Jon.West@dca.ga.gov> Sent:Monday, August 5, 2019 1:58 PM To:Andrew Smith Cc:Jared Lombard; PEMD OPQG Administration Subject:Milton Annual CIE Update Approved Andrew, Our staff has reviewed the Annual Capital Improvement Element (CIE) Update for the City of Milton and finds that it adequately addresses applicable requirements. The next step is for the local government to adopt the CIE Update. As soon as your office provides written notice that the CIE Update has been adopted and provides DCA with a digital copy of the final adopted version of this document, we will notify the local government that its Qualified Local Government status has been extended. If you have any questions, please contact us at 404‐679‐5279. Thanks, Learn more about our commitment to fair housing. Jon A. West, AICP Principal Planner/Community & Regional Planning Georgia Department of Community Affairs 60 Executive Park South, NE Atlanta, Georgia 30329 Direct 404‐327‐6872 Fax 770‐302‐9703 Jon.West@dca.ga.gov ARC Transportation Access Mobility Group Comments ‐ City of Milton Draft 2019 Capital Improvements Element (CIE) CIE Public Facility Type ‐ Transportation Page #Name ARC Comments 11 Intersection‐Hopewell/Francis/Cogburn North Fulton CTP ‐ Level 2 project ID# R_122_MLT 11 Intersection‐Deerfield Pkwy @ Morris Rd 11 Intersection‐Bethany @ Cogburn North Fulton CTP ‐ Level 1 Project ID #BPR_108_MLT 11 Intersection‐Arnold Mill @ New Providence 11 Intersection‐Birmingham @ Providence Not clearly identified in the North Fulton CTP. However, it is possible that it is included in a listed project scope of work. 11 Intersection‐Hopewell @ Birmingham Not clearly identified in the North Fulton CTP. However, it is possible that it is included in a listed project scope of work. 11 Intersection‐Crabapple @ Birmingham North Fulton CTP Tier 1 Project ID#R_057_MLT and GDOT PI#0007313 11 Transportation Master Plan Update 11 McGinnis Ferry Interchange Need more information on project. Limits? 11 Crabapple NE Connector Rd Included in North Fulton CTP ID# BPR_001_MLT 11 Bridge Replacement Program 11 Intersection‐Freemanville @ Providence/B'ham Included in North Fulton CTP Tier 1 Project ID # R_113_MLT 11 Intersection‐SR9 @ Bethany Bend North Fulton CTP Level 1 Project ID#R_804_MLT (BPR_076_GDOT) and R_805_MLT (BPR_076_GDOT). Also included in the scope of work for FN‐222 in TIP 11 Intersection‐Webb Rd Turn Lanes Several intersection projects listed under the Tier 1 and Tier 2 project list in the North Fulton CTP. But not specifically called out with the scope of work identified. 11 Intersection‐Bethany @ Providence North Fulton CTP Level 1 Project ID#R_100_MLT 11 Intersection‐Hopewell @ Bethany Bnd/ Way North Fulton CTP Level 1 Project ID #R_119_MLT 11 Intersection‐Hopewell @ Redd Road North Fulton CTP Level 1 Project ID# R_125_MLT and Level 2 Project (same ID#) 11 Intersection‐Hopewell @ Hamby North Fulton CTP Level 1 Project ID #R_120_MLT 11 Intersection‐Hopewell @ Thompson North Fulton CTP Level 1 Project ID #R_121_MLT/MIL‐006 11 Crabapple SE Connector North Fulton CTP Level 1 Project ID #BPR_001_MLT. Project not included in the ARC RTP/TIP. 11 Hopewell/Hamby Road Widening Intersection improvement listed in North Fulton CTP but no mention of a widening. 11 Morris Road Widening North Fulton CTP Level 1 Project ID #BPR_027_MLT. Project not included in the ARC RTP/TIP. Page 1 of 1 TO: FROM: MILTON% ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM City Council DATE: September 4, 2019 Steven Krokoff, City Manager AGENDA ITEM: Consideration of a Resolution to Authorize the Execution and Delivery of an Intergovernmental Contract and the Distribution of a Preliminary Official Statement Relating to the Issuance of the City of Milton Public Building and Facilities Authority Revenue Bonds, Series 2019. MEETING DATE: Monday, September 9, 2019 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (,JIAPPROVED (J NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: OYES () NO CITY ATTORNEY REVIEW REQUIRED: (.J ES () NO APPROVAL BY CITY ATTORNEY: (1APPROVED (J NOT APPROVED PLACED ON AGENDA FOR: 9 f c4I Lef �, 2006 Heritage Walk Milton, GA P: 678.242.2500 1 F. 678.242.2499 infoQcityofmiltonga.us I www.cityofmiltonga.us STATE OF GEORGIA RESOLUTION NO. ________ COUNTY OF FULTON A RESOLUTION TO AUTHORIZE AND APPROVE THE EXECUTION AND DELIVERY OF AN INTERGOVERNMENTAL CONTRACT AND THE DISTRIBUTION OF A PRELIMINARY OFFICIAL STATEMENT RELATING TO THE ISSUANCE OF THE CITY OF MILTON PUBLIC BUILDINGS AND FACILITIES AUTHORITY REVENUE BONDS, SERIES 2019 WHEREAS, the City of Milton Public Buildings and Facilities Authority (the “Authority”) was duly created and is validly existing pursuant to the City of Milton Public Buildings and Facilities Authority Act of the State of Georgia (2007 Ga. L., p. 4264, et seq., as amended) (the “Act”); and WHEREAS, pursuant to the Act, the Authority has the power to (a) acquire, construct, add to, extend, improve, equip, hold, operate, maintain, lease and dispose of “Projects” (as defined in the Act); (b) execute contracts, leases, installment sale agreements and other agreements and instruments necessary or convenient in connection with the acquisition, construction, addition, extension, improvement, equipping, operation or maintenance of a Project; and (c) borrow money for any of its corporate purposes and to issue revenue bonds, and to provide for the payment of the same and for the rights of the holders thereof; and WHEREAS, the City of Milton, Georgia (the “City”) is a municipal corporation of the State of Georgia, legally created and validly existing under the laws of the State of Georgia; and WHEREAS, Article IX, Section III, Paragraph I(a) of the Constitution of the State of Georgia authorizes, among other things, any county, municipality or other political subdivision of the State to contract, for a period not exceeding fifty years, with another county, municipality or political subdivision or with any other public agency, public corporation or public authority for joint services, for the provision of services, or for the provision or separate use of facilities or equipment, provided that such contract deals with activities, services or facilities which the contracting parties are authorized by law to undertake or to provide; and WHEREAS, the Authority proposes to issue its Revenue Bonds, Series 2019, in an aggregate principal amount of up to $29,000,000 (the “Bonds”) for the purpose of (a) paying all or a portion of the costs of (i) constructing and equipping new buildings that will house a police station, fire stations, and a courthouse, and (ii) equipping all City fire stations with a new alerting system (the “Projects”), (b) refunding the Authority’s Revenue Bond, Series 2014 and (c) paying the costs of issuing the Bonds pursuant to a resolution proposed to adopted by the Authority on September 9, 2019 (the “Resolution”); and WHEREAS, the Authority and the City propose to enter into an Intergovernmental Contract, dated as of October 1, 2019 or the first day of the month in which the Bonds are actually issued (the “Contract”), pursuant to which the Authority will agree to, among other things, issue the Bonds, and the City will agree to, among other things, (a) acquire, construct, equip and operate the Projects, 2 (b) pay the Authority amounts sufficient to enable the Authority to pay the debt service on the Bonds (the “Contract Payments”) and (c) levy an ad valorem property tax, within the 4.731 millage limitation currently in effect or at such higher rate as may be authorized by future law, on all property in the City subject to such tax in order to make such Contract Payments; and WHEREAS, the Bonds will be secured by a first lien on the Contract, the Contract Payments and the moneys and investments in the funds created in the resolution authorizing the issuance of the Bonds; and WHEREAS, the City proposes to authorize the distribution of a Notice of Sale and a Preliminary Official Statement (the “Preliminary Official Statement”) relating to the Bonds. NOW, THEREFORE, THE COUNCIL OF THE CITY OF MILTON HEREBY RESOLVES, as follows: Section 1. Authorization of Financing of the Projects. The financing of the Projects as described above is hereby authorized. Section 2. Authorization of Bonds; Acknowledgment of Resolution. The issuance of the Bonds by the Authority is hereby authorized to the extent necessary. The City hereby acknowledges receipt of the Resolution. Section 3. Authorization of the Contract. The execution, delivery and performance of the Contract are hereby authorized. The Contract shall be executed by the Mayor or Mayor Pro Tem. The City Clerk may attest the same and the seal may be impressed thereon. The Contract shall be in substantially the form attached hereto as Exhibit “A,” subject to such changes, insertions and omissions as may be approved by the person executing the same, and the execution of the Contract shall be conclusive evidence of any such approval. The Contract is by this reference thereto spread upon the minutes. Section 4. Authorization of Preliminary Official Statement; Deemed Final Certificate and Continuing Disclosure Certificate. The distribution of a Notice of Sale and a Preliminary Official Statement is hereby authorized. The formal award of the sale of the Bonds shall be determined by the Authority in a supplemental resolution adopted by the Authority prior to the issuance of the Bonds. The execution of a certificate deeming the Preliminary Official Statement final for purposes of Rule 15c2-12 promulgated under the Securities Exchange Act of 1934, as amended (the “Rule”) by the Mayor or Mayor Pro Tem is hereby authorized. The execution of a continuing disclosure certificate required by the Rule by the Mayor or Mayor Pro Tem is hereby authorized. Section 5. Validation of Bonds. The Mayor, Mayor Pro Tem and City Clerk of the City are authorized to execute and file an answer and to execute any and all further instruments and pleadings as they might deem necessary to validate the Bonds in the Superior Court of Fulton County. Section 6. General Authority. The proper officers, employees and agents of the City are hereby authorized, empowered and directed to do all such acts and things, including, but not limited 3 to making covenants on behalf of the City and to execute all such documents and certificates as may be necessary to carry out the transactions contemplated by this resolution. Section 7. Actions Approved and Confirmed. All acts and doings of the officers, employees and agents of the City which are in conformity with the purposes and intent of this resolution are hereby authorized and approved. Section 8. Repealing Clause. Any and all resolutions or parts of resolutions in conflict with this resolution are hereby repealed. Section 9. Effective Date. This resolution shall take effect immediately upon its adoption. ADOPTED this 9th day of September, 2019. COUNCIL OF THE CITY OF MILTON, GEORGIA (SEAL) By: Mayor ATTEST: ________________________ City Clerk EXHIBIT “A” INTERGOVERNMENTAL CONTRACT CITY CLERK’S CERTIFICATE The undersigned City 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 on September 9, 2019 by the Council of the City in a meeting duly called and assembled in accordance with applicable laws and with the procedures of the City, which meeting was open to the public and at which a quorum was present and acting throughout, and that the original of the foregoing resolution appears of public record in the minute or resolution book of the City, which is in my custody and control. GIVEN under my hand and the seal of the City, this 9th day of September, 2019. (SEAL) City Clerk